"The questions, then, gentlemen, that you have to ask yourselves before
deciding on your verdict are two: first, Are the circumstances of the
testator's disappearance and his continued absence incongruous with his
habits and personal peculiarities as they are known to you? and second,
Are there any facts which indicate in a positive manner that the
testator is dead? Ask yourselves these questions, gentlemen, and the
answers to them, furnished by the evidence that you have heard, will
guide you to your decision."
Having delivered himself of the above instructions, the judge applied
himself to the perusal of the will with professional gusto, in which
occupation he was presently disturbed by the announcement of the foreman
of the jury that a verdict had been agreed upon.
The judge sat up and glanced at the jury-box, and when the foreman
proceeded to state that "We find no sufficient reason for presuming the
testator, John Bellingham, to be dead," he nodded approvingly. Evidently
that was his opinion, too, as he was careful to explain when he conveyed
to Mr.
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