death. The question was whether he had been employed to make this codicil.
The body of the will was in the handwriting of the widow, as was also the codicil. It was stated by her at the trial that the words were dictated to her by Usbech in her husband's hearing, and that the document was then signed by her husband in the presence of them both, and also in the presence of two other persons—a young man employed by her husband as a clerk, and by a servant-maid. These two last, together with Mr. Usbech, were the three witnesses whose names appeared in the codicil. There had been no secrets between Lady Mason and her husband as to his will. She had always, she said, endeavoured to induce him to leave Orley Farm to her child from the day of the child's birth, and had at last succeeded. In agreeing to this Sir Joseph had explained to her, somewhat angrily, that he wished to provide for Usbech's daughter, and that now he would do so out of moneys previously intended for her, the widow, and not out of the estate which would go to his eldest son. To this she had assented without a word, and had written the codicil in accordance with the lawyer's dictation, he, the lawyer, suffering at the time from gout in his hand. Among other things Lady Mason proved that on the date of the signatures Mr. Usbech had been with Sir Joseph for sundry hours.
Then the young clerk was examined. He had, he said, witnessed in his time four, ten, twenty, and, under pressure, he confessed to as many as a hundred and twenty business signatures on the part of his employer, Sir Joseph. He thought he had witnessed a hundred and twenty, but would take his oath he had not witnessed a hundred and twenty-one. He did remember witnessing a signature of his master about the time specified by the date of the codicil, and he remembered the maid-servant also signing at the same time. Mr. Usbech was then present; but he did not remember Mr. Usbech having the pen in his hand. Mr. Usbech, he knew, could not write at that time, because of the gout; but he might, no doubt, have written as much as his own name. Нe swore to both the signatures—his own and his master's; and in cross-examination swore that he thought it probable that they might be forgeries. On re-examination he was confident that his own name, as there appearing, had been written by himself; but on re-cross-examination, he felt sure that there was something wrong. It ended in the judge informing him that his word was worth nothing, which was hard enough on the poor young man, seeing that he had done his best to tell all that he remembered. Then the servant-girl came into the witness-box. She was sure it was her own handwriting. She remembered being called in to write her name, and seeing the master write his. It had all been explained to her at the time, but she admitted that she had not
