That no such evidence has been brought
forward. Accordingly, seeing that the testator may return at any time
and is entitled to find his property intact, I shall ask you for a
verdict that will secure to him this measure of ordinary justice."
At the conclusion of Mr. Heath's speech the judge, as if awakening from
a refreshing nap, opened his eyes; and uncommonly shrewd, intelligent
eyes they were, when the expressive eyelids were duly tucked up out of
the way. He commenced by reading over a part of the will and certain
notes--which he appeared to have made in some miraculous fashion with
his eyes shut--and then proceeded to review the evidence and the
counsels' arguments for the instruction of the jury.
"Before considering the evidence which you have heard, gentlemen," he
said, "it will be well for me to say a few words to you on the general
legal aspects of the case which is occupying our attention."
"If a person goes abroad or disappears from his home and his ordinary
places of resort and is absent for a long period of time, the
presumption of death arises at the expiration of seven years from the
date on which he was last heard of.
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