I found nothing that would identify the remains as those of any
particular individual."
As Mr. Heath asked no further questions, the witness received his
dismissal, and Mr. Loram informed the Court that that was his case. The
judge bowed somnolently, and then Mr. Heath rose to address the Court on
behalf of the respondent. It was not a long speech, nor was it enriched
by any displays of florid rhetoric; it concerned itself exclusively with
a rebutment of the arguments of the counsel for the petitioner.
Having briefly pointed out that the period of absence was too short to
give rise of itself to the presumption of death, Mr. Heath continued:
"The claim therefore rests upon evidence of a positive character. My
learned friend asserts that the testator is presumably dead, and it is
for him to prove what he has affirmed. Now, has he done this? I submit
that he has not. He has argued with great force and ingenuity that the
testator, being a bachelor, a solitary man without wife or child,
dependent or master, public or private office or duty, or any bond,
responsibility, or any other condition limiting his freedom of action,
had no reason or inducement for absconding.
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