Chapter 14 Chapter Fourteen Behind the Will

When I arrived at the Probate Court with Miss Burlingham and her father, it was eerily quiet.Clearly, the curious public isn't very interested in the upcoming proceedings, or its connection to the sensational "dismemberment case," but defense attorneys and well-informed reporters have already Gathered here, their buzzing voice echoed in the hall like the music played by the organ in the church service. As soon as we walked in, a middle-aged gentleman with a kind face stood up immediately, came to greet us, shook hands with Mr. Birlingham warmly, and greeted Miss Birlingham graciously.

"This is Mr. Marchmont, doctor," said Bellingham, introducing me.The litigator made some nice remarks about thanking me for taking the trouble to come to the investigative court, and then he ushered us to our seats.At the other end of the bench sat a figure whom I recognized as Mr. Herbert. "Why, here comes the rascal!" cried Mr. Branham, "and pretended not to see me, because he's ashamed to see me, but—" "Hush! Shh! My dear sir!" cried the lawyer, terrified, "we must be civilized, especially in a place like this. Please, I implore you, to restrain yourself a little, and please do not What a mess." He added, "You'd better say nothing." This last sentence seemed to imply that nothing Mr. Branham had said was proper.

"I'm very sorry, Marchmont," said Bellingham, with a look of chagrin on his face. "I'll be careful, I'm sure I'll be very careful. I'll never look at him again, and when I see him, I'd like to run over and grab him. nose!" That was probably what Marchmont was worried about, and he insisted that Miss Birlingham and I sit on the other side of the bench, so that the old gentleman would be separated from the fellow. "Who's that big-nosed guy talking to Jericho?" asked Mr. Burlingham. "It's Lord Roland, Mr. Herbert's solicitor. The cheerful gentleman sitting beside him is Mr. Heath, our barrister, a very capable man—" then Marchmont whispered, " He and Dr. Thorndike are a good pair of partners, and they have a tacit understanding!"

As soon as the words fell, the judge had entered the court and sat down.The clerk led the jury members to take the oath together, and the atmosphere in the courtroom gradually became serious. This solemn atmosphere will continue until the end, except that the revolving door can be heard being knocked by busy paralegals or reporters from time to time. The Judge was an old gentleman of peculiar features, with a short face, a wide mouth, and large, round eyes, which easily reminded one of a frog.One of his movements is really very similar to that of a frog, and his eyelids are drooping lazily, as if swallowing a large beetle: this is the only expression we can observe of him.

As soon as the jury had been sworn in, M. Roland began to present the case; his client leaned back in his chair, eyes closed, as if about to undergo a dreadful operation. "The present case arose out of the unexplained disappearance of Mr. John Burlingham, 141 Queen's Square, Brunsbury, some two years ago, more precisely on November 23, 1902. Berlin Mr. Han has not been heard from since that day. There are some evidences, which lead us to believe that he is dead. Therefore, George Herbert, the main beneficiary of his will, hereby applies to the court for leave of testator's death , in order to execute the will. Since the last time the testator was alive was two years ago, this application is based on the fact that he disappeared two years ago. It is strange that the disappearance happened so suddenly."

Then the judge said in a small but steady voice: "Perhaps it would have been more noticeable if the testator's disappearance had been slow and incomplete?" "That's right, President," replied Mr. Roland, "but the point is that the testator, who has always been a regular person, disappeared suddenly on the above-mentioned date, and has no control over his private affairs. If there is any explanation, there will be no news from now on.” After speaking, Roland began to describe the background of John Berlinham's disappearance.What he said was exactly what I read in the papers.After presenting all the facts to the jury, he went on to explain:

"If a man of sound mind were to analyze objectively this strange and mysterious disappearance," he said, "what conclusions would he draw? disappeared, how to account for that? Did he slip away, get on a train without warning, arrive at some seaport, and go off to faraway lands, leaving everything behind and not letting his friends Do you know where he went? Or maybe he is hiding abroad or at home at this moment, not caring about his considerable property being divided up by others, and the worries of relatives and friends? Or is it that the god of death suddenly fell on him, because of illness, accident, Even because of being murdered by an unknown killer? Let us analyze all these possibilities."

"First, would his disappearance be intentional? Why not?—you may ask. After all, we often see people disappear suddenly, be found years later, or appear automatically, and he will Finding that your name has long been forgotten and that your home is a stranger's. Yes, but there are usually reasons for this: it could be bored with family strife, financial troubles, or It’s because life can’t go on anymore, and I like to wander by nature, etc., so I chose to stay out of people’s sight.” "Is there nothing like this case at all? No, not at all. Family disharmony--especially of the kind that causes long-term anxiety--can only be troubled by married persons. For the testator is single. , so this can be ruled out. Financial constraints are still not established, because the testator’s financial situation is very good, it can be said that he is very affluent. He lives a very carefree life, has a wide range of interests and is absolutely full of freedom. In his case, travel is already a A habit, not to be concealed at all. His life is very regular, and the fixed habits are long-acquired, not the moment of impulse or desire - I will explain this in a moment. He finally appeared When he was in front of the public, he was preparing to go abroad, and he also made a work plan to be completed after returning to China. But he disappeared after returning to China, leaving a lot of unfinished work."

"If we believe that he disappeared of his own accord and went into hiding, this assumption is completely contrary to the facts. On the other hand, if we believe that his death was sudden-whether accidental or murdered, it is completely contrary to the known facts. Almost exactly. As for the details, you will find the answer in the testimony of the various witnesses I have called. Not only is the hypothesis that the testator is dead not only far more plausible than the hypothesis that he is alive, but even I think it is the only reasonable explanation .” "Not only that, the sudden and mysterious disappearance of the testator made us assume that he was dead, and it has been further confirmed recently. On July 15 last year, a human left arm was found in the town of Sidka. bone, missing the ring finger of the left hand. The deceased was identified as a male. The coroner who examined that arm will tell you that the finger was amputated shortly after or after death. He also found evidence that, The arm was discarded around the time of the testator's disappearance. Since then, the police have found bones from other parts of the same body in other places. What is even more strange is that these bones were found All of them were in the Eilson or Woodver neighborhood. I will explain to you that it was in Eilson or Woodver that the testator was last seen."

"Now let's see how many coincidences there are. A forensic doctor who is very experienced in the examination of human bones will tell you later that this skeleton belongs to a man about sixty years old, five feet eight inches tall, and a strong build. A sturdy man in good health, and, more surprisingly, the testator wore a very rare ring on the ring finger of his left hand, the same finger that the owner of the remains was amputated. It is so tight that once you put it on, you can never take it off again, and its style is also very special. If it is still on the corpse, people will definitely recognize the identity of the deceased at a glance. In other words, the various characteristics of this remains The same as the testator; and the mutilation of the deceased also shows that the murderer deliberately concealed a certain characteristic of the deceased; moreover, the time when the bones were discarded in various places roughly coincides with the disappearance of the testator. Therefore, I hereby implore you Was able to make a truthful verdict after judging the honest and fair testimony of multiple witnesses."

After finishing speaking, Mr. Roland sat down, pushed the pince-nez with his hand, and then glanced quickly at the brief of his defense.At this point the clerk began to take the oath of the first witness. Mr. Jericho stepped onto the witness stand, staring blankly at the judge with a blank expression.After making the usual statement, Mr. Roland began to question the witnesses. "As far as I understand, you are the testator's solicitor and close stockbroker?" "It was, and it still is." "How long have you known the testator?" "Twenty-seven years." "Based on what you know about him, do you think he will suddenly disappear and cut off contact with his relatives and friends?" "I don't think it's possible." "Can you tell me your reason?" "In my opinion, this kind of behavior is completely out of character and habits. He is a strict self-disciplined person. Every time he goes abroad, he will always report the itinerary to me. Say it to me. One of my jobs was to go to the Foreign Office to collect his pension. He never forgot to give me the papers for that preparation before he disappeared." "As far as you know, is there any reason for him to be missing?" "No." "When was the last time you saw him?" "October 14, 1902, at 6 o'clock in the evening, at 141 Queen's Square, Brunsbury." "Please describe the situation at that time." "At 3:15 that afternoon, the testator came to my office and asked me to accompany him to see Dr. Nobarry. So I accompanied him to the house at 141 Queens Square. Soon Dr. Nobarry Came to inspect the antiques donated to the British Museum by the testator. The donation included a mummy and some funerary goods such as four funeral urns. The testator specified that these things must be arranged in the original way, at the same time. Among them, the mummies had been delivered on the same day, and the other funerary objects were still abroad at that time, but it was said that they would arrive in the UK within a week. Dr. Nobari came to inspect the donated objects on behalf of the museum, but He said that he must first contact the curator and get his consent before he can formally accept it. So the testator gave me some instructions on transporting and donating these antiques, because he was going to go abroad that night." "Are these instructions related to the subject of this court today?" "There should be. The testator decided to go to Paris, and he may go to Vienna next. He asked me to receive the funeral objects when they arrived, and open them, and then store them in a certain room with the mummies." , and put it there for three weeks. If he comes back during this period, he will hand over the donated items to the person in charge of the museum; Judging by the instructions, it seems to me that the testator is uncertain as to the length of his trip abroad." "Did he say exactly where he was going?" "No, he only said that he might go to Vienna again. But he didn't specify where he was going next, and I didn't ask." "Do you know where he went after that? After leaving 141 Queens Square, Brunsbury?" "Don't know. He left the house at six o'clock, wearing a long overcoat, carrying a suitcase and an umbrella. I walked him to the door and watched him go in the direction of Southampton Street. But he Where exactly he went, I really don't know. I haven't seen him since." "He didn't have any other luggage with him, except the suitcase?" "I don't know, but I don't think so. He's used to traveling light, and if there's anything he needs he'll get it on the way." "Did he mention to the servants when he would return home?" "He had no servants in the house except a porter. It wasn't really his house. The testator always lived and boarded in the club, though his clothes were kept in that house." "You haven't heard from him since he left?" "No. I haven't heard from him since. Following his instructions, I waited three weeks and then went and informed the people at the museum that they could come and remove the donation. Five days later , Dr. Nobari came over and formally signed the agreement, and the donation was shipped to the museum.” "And when did you hear from the testator again?" "At 7:15 p.m. on November 23, Mr. George Herbert came to me. He told me that the testator had been to his house before, and the servant had brought him to the study. But when Herbert came home, It turned out that the testator was not there, that he had not told the servants that he was going away, and that no one had seen him leave the house. Mr. Herbert thought the situation was very serious, so he came to inform me. I was very nervous, Because I have not heard from him for a long time. We both decided to contact the testator's brother, Mr. Godfield Bellingham as soon as possible." "Mr. Herbert and I hurried to Liverpool Street and took the fastest train to Woodover. Godfield was staying there at the time. We arrived at his house at 8.15 and the servant told us he was out. Now, his daughter is in the study—another shed in the backyard. The servant lights the oil lamp and leads us into the study. There we see Mr. Godfield Bellingham and his daughter. Godfield has just come home , he came in through the back door of the yard, and the bell on the back yard door would ring in the study. After Mr. Herbert told Godfield the details, we left the study and walked to the main house. By Godfill By the light of the oil lamp in my hand, I noticed a small shiny object on the grass just a few steps away from the study. So I pointed it out to him, and he picked it up. It was a scarab jewellery. It was strung together with a gold ring by a gold thread. The gold thread and gold ring were still there, but there was a gap in the gold ring. We went back to the main house and asked the servants Some people came, no one saw the testator, and all the servants said that no one visited that afternoon and into the evening. The Berlinhams also claimed that they had never heard of the testator. I don’t even know anything about going to the UK. As the situation was very worrying, I called the police the next morning and asked them to assist in the investigation. After some searching, the police only found it in a locker at Charing Cross Station found an unclaimed suitcase emblazoned with the letters 'JB'. It was the same suitcase with which the testator left Queen's Square and which contained items that could prove that the suitcase belonged to Berlin Mr. Han’s. I asked the manager of the locker, and he said that the suitcase was stored here at 4:15 pm on the 23rd. He doesn’t remember the person’s face clearly. The station kept it The box was three months old, but still no one claimed it, so it was handed over to me." "Is there some sign or mark to tell where it has been?" "Only an initials of 'JB', no labels or marks." "How old is the testator?" "As far as I know, he was fifty-nine years old on October 11, 1902." "Can you tell us his height?" "Yes, he is five feet eight inches tall." "So, how is his health?" "I think he's in good health because I've never heard of him having any ailments. Of course, I'm only judging from his appearance. His body does look strong." "Can it be said that he is well maintained?" "For a guy his age, you could say that." "What is his size?" "He has a fairly solid physique and is well muscled, but not developed." Luo Lan quickly recorded, and then asked: "Mr. Jericho, you said earlier that you had known the testator for twenty-seven years. Did you then notice whether he had a ring on his finger?" "He wears an imitation antique ring on the ring finger of his left hand with the Eye of Osiris engraved on it. I think he only wears this ring." "Does he always wear this ring?" "Yes, because the ring was too small, and it was difficult to take it off after he barely put it on. He had to wear it all the time." Jericho's testimony ends here.At the end the witness looked at Berlinham's lawyer as if to ask something, but Heath sat there intently watching the confession.Jericho, seeing that there was no need for further cross-examination, stepped off the witness stand.I leaned back in my chair, and when I turned my head, I saw that Miss Bellingham was bowing her head in deep thought. "What do you think of the confession?" I asked her. "It doesn't sound suspicious, nothing leaks." She sighed, and murmured, "How can they talk so coldly about my poor Uncle John? It's not right. What a 'testator' he is. , This is entirely the tone of a philistine businessman, as if his old man is just a symbol." "It's hard to be warm and kind in probate court," I replied with a smile. She nodded in agreement, then asked me, "Who's that lady?" The woman she spoke of was a stylishly dressed young woman who had just stepped onto the witness stand and was taking oath.After taking the oath, she answered Lawyer Roland's - and Miss Burlingham's - questions about her identity.Her name was Augustina Guendurai Dobbs, and she was George Herbert's maid in the house at Elson. "Does Mr. Herbert live there alone?" asked Roland. "I don't know what you mean," said Miss Dobbs. "I mean, is he single, get it?" the lawyer explained. "So what?" replied the witness flippantly. "You just answer 'yes' or 'no'." "I know what you mean," said the witness, looking more difficult, "but I don't think you can make such insinuations about a clean young girl. Besides, there is a housekeeper and a kitchen maid who also live in the house. And Mr Herbert is old enough to be my father..." The judge lowered his head slightly in disgust. Luo Lan replied to her words: "I'm not insinuating you, I'm just asking if you, your employer, Mr Herbert, are single, yes or no?" "I never asked him this question." The witness said with a sullen face. "Please answer my question - yes or no." "I don't know the answer, how can I answer your question?" The witness yelled a little irrationally, "Maybe he's married, maybe he's not. How can I know for sure? I'm not a private detective!" Lawyer Luo Lan seemed to be stunned, looking at the witness in astonishment.After a while of silence, the judge heard a voice begging for mercy: "Is this really important?" "Of course, Your Honor." Luo Lan replied. "In this case, you can ask Mr. Herbert when he is summoned! He will always know." Luo Lan bowed and agreed, so he turned around and continued to question this arrogant witness. "On November 23, two years ago, do you still remember what happened on that day?" "Remember, Mr. John Burlingham was calling that day." "How do you know it's John Berlinham's?" "I don't know. He himself said he was Mr. Burlingham." "When did he go?" "5:20 p.m.." "Then what happened?" "I told him that Mr. Herbert hadn't come back, and he said he could wait in the study and write a few letters. So I took him into the study, and shut the door." "What happened next?" "Nothing special. Mr. Herbert came back at five forty-five--as usual--he took the key, went into the house, and went straight into the study. I didn't pay much attention, thinking that Burlingham Mr. Herbert was still there, so he prepared two sets of tableware and dinner. At 6 o'clock, Mr. Herbert came into the dining room and saw the tableware for two people on the table. He felt strange and asked me why. I told him that I thought Burt Mr. Ringham has not left yet, and will stay for dinner. He was very surprised by my answer. He said he did not see Mr. Ringham, and blamed me for not reporting to him in time when he came back. I said, I took him into the study, expecting him to see Mr. Burlingham in the study. But he said he had never seen him at all. So we went into the drawing room, expecting Mr. Burlingham to be there waiting for Herr. Mr. Burt, but we didn't see Mr. Burlingham there either. Mr. Herbert added that perhaps Mr. Burlingham got impatient and left first. But I told him I was sure he didn't. , for I had been keeping an eye on the gate. Then he asked me if Mr. Bellingham had come alone, or with his daughter. I said it was not that Mr. Bellingham, but Mr. John Bellingham, who I was very surprised to hear that. So I suggested that it was best to search the house to see if he had left at all. Herbert obliged, and we all turned the house almost upside down, and examined every room and corner carefully. , indeed no sign of Mr. Bellingham was found. Mr. Herbert grew irritable by this time, had a hasty supper, and left the house to catch the 6.30 train into town." "You mean Mr. Burlingham has not left the house, you have been watching? Where were you, then?" "I was in the kitchen where I could just see the front gate." "Where did you prepare the tableware for your meal?" "In the dining room." "From the dining room, can you still see the front gate?" "Not in the dining room, but you can see the study, which is opposite the dining room." "Do you have to go up through the kitchen to get to the dining room?" "Yes, it must be passed." "Could it be that Mr. Burlingham left the house just as you were going upstairs?" "No, he can't." "why?" "Because he can't do it." "Why is it impossible?" "Because he can't do that." "Perhaps Mr. Berlinham left alone when you went upstairs?" "No, it's impossible." "How do you know he hasn't left?" "I'm sure he didn't." "Can you be so sure?" "If he does go, I shall see." "I mean, is it possible that he left while you were going upstairs?" "He was in the study when I went upstairs." "how do you know?" "Because after I took him in, he never came out." Luo Lan stopped and took a deep breath; at this moment, the judge's eyes had narrowed. "Is there a side door to that house?" The lawyer was tired, but continued to ask. "Yes, on the side of the house, there is a side door leading to an alley." "Is there another floor-to-ceiling window in the study?" "Yes. There is a little lawn beyond the window, and the side door is opposite it." "Was the window and the side door locked? Could it be that Mr. Burlingham went out from either place?" "There were handles on the inside of the windows and doors. Yes, he could have gotten out there, but he didn't do that." "how do you know?" "It seems to me that a gentleman does not slip out of a side door like a thief." "Did you check that the French windows were closed when you found Mr. Branham missing?" "That night, before I went to bed, I checked all the doors and windows, and they were all locked from the inside." "And what about the side door?" "The side door is locked, too. It takes a lot of effort to close that side door. So if anyone goes out there, it's bound to make a lot of noise." The important part of the inquiry has been completed, and Lawyer Luo Lan breathed a sigh of relief.Just as Miss Dobbs was about to leave the witness box, Heath stood up for cross-examination. "How was the light in the room when you saw Mr. Branham?" asked Heath. "The light is bright. Although it is dark outside, the hallway lights are on." "Please take a closer look." He waved a small object in front of the witness. "It is said that this is the ornament that Mr. Burlingham often wears on his watch chain. Do you remember wearing it when he visited?" ?" "No, not wearing it." "Are you so sure?" "Yes, quite certainly." "Thank you. Now let me ask about the search of the house you just mentioned. You said you searched the whole house. So, did you search the study?" "No. I did not go in until after Mr. Herbert went to London." "Did the window of the study room be closed at that time?" "It's closed." "Can that window be closed from the outside?" "No. There's no handle on the outside." "Okay. What kind of furniture is in the study?" "A desk, a swivel chair, two easy chairs, two large bookcases, and a Mr. Herbert's coat and hat wardrobe." "Can the wardrobe be locked?" "of course can." "Was the wardrobe locked when you went in?" "I don't know because I didn't go through the cabinets and drawers." "What furniture is in the living room?" "A cupboard, a sofa, a piano, a silver table, and six or seven chairs, and a small table or two." "What kind of piano is it?" "Upright platform type." "Where is it placed in the living room?" "The corner near the window." "Is there room to hide someone behind the piano?" This question made Miss Dobbs laugh unabashedly, and then replied: "Well, there is. There's a lot of space in the back, and you should be able to hide someone there." "So, have you checked behind the piano?" "No, I didn't look there when I checked the drawing room," replied Miss Dobbs dismissively. "Did you check under the sofa?" "of course not!" "Then how did you search?" "Open the door and see if there is anyone inside. What we are looking for is a middle-aged gentleman, not a kitten or a monkey." "It seems that you searched the other rooms in the same way, right?" "Yeah! We just looked at the inside of the room, and didn't check under the bed or the cupboard or anything like that." "Are all the rooms in that house used as living rooms or bedrooms?" "No, there is a storage room on the third floor for miscellaneous things; there is another room on the second floor where Mr. Herbert has piled up a lot of suitcases and some useless things." "Did you see these two rooms during your search?" "No." "And what happened after that? Have you looked?" "I went into the storage room once, but not the other one. That room was always locked." At this moment, the judge's eyelids kept twitching, as if there was an ominous omen. Xi Si didn't ask any further questions, and sat down. When Miss Dobbs was about to leave the witness stand again, Roland suddenly walked out. "Just now you have explained the scarab ornament that Mr. Burlingham often wears." He said, "You said that on November 23, 1902, when Mr. Burlingham went to Mr. Herbert's house, he did not wear this scarab. Trinkets. Can you really be sure?" "Yes, I can." "You must be very cautious about this. This is a very important question. Can you swear that there was no scarab jewel on his watch chain at that time?" "Yes, I swear." "Then have you ever noticed his watch-chain?" "No, I didn't pay special attention." "In that case, how can you be so sure that the Scarab Ornament is not on the fob?" "Because it's impossible." "What is impossible?" "Because if it's hanging there, I'm sure I'll find out." "What's Mr. Burlingham's watch strap like?" "The most common kind." "I mean, is it a chain, a ribbon, or a belt?" "I think it's the chain! Or maybe it's the ribbon... of course, maybe the belt." The judge gave her a blank look.Luo Lan continued to ask: "Have you ever noticed what kind of watch strap Mr. Birlingham is wearing?" "No. Why should I pay attention? It has nothing to do with me." "Then why are you so sure about that jewel?" "Yes, quite sure." "You mean, you noticed?" Luo Lan stopped and looked at the witness helplessly.There was a chuckle from the gallery.At this time, the judge finally couldn't help himself, and he asked: "Can you answer this question clearly?" Miss Dobbs said no more, and suddenly she bowed her head and sobbed. Luo Lan quickly sat down and stopped asking questions. After Miss Dobbs left, Dr. Nobarry, Mr. Herbert, and the administrator of the station locker entered the witness stand, but none of these three provided any new clues, but only further confirmed that Jerry The testimony of Ke and the maid.Then on the witness stand was the worker who found the bones at Sidka, repeating what he had said at the coroner's inquest that the bones would not be left in the water mustard fields for more than two years.Dr. Sumers was the last to be summoned.He briefly described his process of examining the bones, and then Lawyer Luo Lan began to ask questions: "Did you hear Mr. Jericho's description of the testator's appearance?" "yes." "Do the bones of the deceased you examined match those descriptions?" "Approximately the same." "Please answer clearly, yes or no." "Yes. However, I want to emphasize that the opinion on the height of the deceased is just my speculation." "I can understand that. From your examination, and Mr. Jericho's description of the testator, can it be said that the bones belonged to Mr. John Bellingham?" "Yes, there is such a possibility." After hearing this testimony, Roland sat down; and Xi Si immediately stood up and began to question him. "Dr. Sumers, when you examined the skeletons, did you find any special features that led you to believe that the skeletons belonged to a certain person, rather than a group of people of similar height, age, and build?" "Unfortunately, no." Heath didn't ask any more questions, so Dr. Sommers left the witness stand. At this time, Roland stood up and stated the purpose of his petition. The judge nodded drowsily; then Heath made a summary on behalf of the defense. Simply refuted the claims made by the applicant's lawyer.After pointing out that the testator had been missing for too short a time to make a request for a judgment of death, Heath said: "So this application should be based on solid evidence. The plaintiff's lawyer believes that the testator is dead, so there must be evidence to prove it. But did he provide evidence? I don't think so. He just pointed out repeatedly that the testator The man is helpless, without any attachment, is a celibate, can come and go freely, so there is no reason or motive for disappearing and absconding. These are the contents of the opponent's defense. In addition, his ingenious speech may not only be I want to prove this. Because, if the testator is really a person who has full freedom, as the other party argues, he will not disappear without reason; then, can we also say that because he has freedom , so he can leave without saying goodbye without any scruples? The opposing lawyer claims that the testator can go wherever he wants, so there is no need to abscond. I would say that since he has absolute freedom, he can come and go as he pleases , then it is not surprising that he took advantage of this freedom! The opposing lawyer pointed out that the testator disappeared without notifying anyone, and did not tell anyone where he was going. I would like to ask, he wants to notify Who? He has no one to rely on, no need to be responsible for anyone, and his existence has nothing to do with anyone. If there is an emergency and he needs to go abroad immediately, he has no reason not to go! The opposing lawyer also said, The testator walked away without making any arrangements. I would like to ask everyone in this room, for a lawyer who has been accustomed to leaving everything to a lawyer who knows everything and deserves complete trust. Testator, does this claim hold? Of course not!" “在最后，我要强调的是：在我看来，立遗嘱人的背景没有丝毫不寻常的地方。他经济宽裕，并且没有任何责任束缚，他喜欢旅行，经常去偏远的国家游玩。这次离开的时间相对以往久了一些，但是，这不能作为宣判他死亡的依据，以及窃据他财产的理由。” “至于最近被找到的骸骨，我不想多说什么。将它们与立遗嘱人硬扯在一起，这简直是胡扯！各位已经听过苏玛斯医生的证词了，这些骸骨并不能证明属于某一个特定的人。所以辩方律师想要以此作为证明立遗嘱人死亡的证据，并不成立。在此我还是要提出辩方律师提到的让我疑惑的一点：” “辩方律师说，骸骨是在艾尔森、伍德弗附近被发现的，立遗嘱人最后现身的地方正巧也是这两者之一。在他看来，这是至关重要的证据。但是，我无法认同他的观点。我们假定立遗嘱人最后出现的地方是伍德弗，而骸骨也是在伍德弗发现的；或者他是在艾尔森失踪的，而骸骨正好也在艾尔森被找到，那么这件事情就值得我们重视了。可惜，他最后出现的地方我们并不能确定，而在这两个地方都找到了骸骨。很显然，对方律师的推断太不切实际了。” “我不想再浪费各位的时间了，不过我要再次强调，想要合理地认定立遗嘱人的死亡，那么就必须明确地提供证据。但是，目前并没有证据出现。所以，立遗嘱人是随时都可能现身的，另外他有权要求财产得到保障。在此，我请求各位作出正义的裁决。” 奚斯的总结结束之后，法官终于如梦初醒般的睁开了眼睛。他将厚重的眼帘向上卷起，出人意料地露出一双睿智的眼睛。首先，他朗读了一段遗嘱内容，以及他的笔记——这应该是在眼皮半闭的时候写下的——接着，他开始回顾律师的辩词和证据。 “各位，讨论证据以前，”他说，“我准备针对本案综述一下。当某个人去国外或离开自己的住所以及常出现的场所一段时间，并且在这段时间内没有任何消息，那么从他最后一次出现的时间开始算起，七年为申请失踪人员死亡认定的有效期限。换句话说就是，如果某人失踪长达七年，就可以自然认定此人已经死亡。当然，如果有充足的证据显示他在这七年内的某一个时间依然活着，那么死亡认定就是无效的。假如在比七年还要短的失踪时间内申请死亡认定，那么申请人必须向法院提供此人已经死亡的可靠证据。其实，死亡认定本来有假定的成分，跟实际证据有区别。因此，这类案件所提供的事证证据必须更具有说服力，可以充分地证明这人确实已经死亡。失踪的时间越短，提供的事证证据就越要充足可信。” “现在回到本案上来，约翰·伯林汉失踪不到两年，不足以构成死亡认定的条件。当然，以前有过失踪时间比这还短的案件都作出了死亡认定，并且得到了保险赔偿。所以现在，找到支持死亡确实发生的证据是最为重要的。” “如果本案中立遗嘱人是一位船长，而且他在船队从伦敦驶向马赛的航程中突然失踪了，那艘船连同船上的员工一并没了消息。那么，这艘失踪的船和不见踪影的船员，就为船长的失踪提供了更加合理的解释和证明。虽然也缺少必要的实际证据，但是这一事证，却也可以成为判定船长死亡的可信证据。举这个例子主要是让大家做一个参考，所有的推测也都是要有一定事实根据的，切不可凭空捏造。” “本案的诉请人要求作出对立遗嘱人约翰·伯林汉的死亡认定，这样他们就可以根据遗嘱内容来分配立遗嘱人的财产。我们的责任重大，裁决稍有偏差，就会严重损害到立遗嘱人的利益。因此，大家要认真仔细地思考已有证据，只有严谨地分析过各项证据以后，才能作出最后的裁定。” “本案有两部分相关证据：一是立遗嘱人失踪的相关背景；二是骸骨事件的影响。关于后者，我很诧异并且感到很遗憾，此项申请没能等验尸官报告全部出来后再提出，所以请大家仔细考虑一下。要提醒大家的是，苏玛斯医生很明确地指出，到现在为止还无法确定死者的身份，不能证明那些骸骨是属于特定某个人的。不过，立遗嘱人和这位无名死者也很有可能是同一个人，因为他们之间有很多相似之处。” “大家已经听了杰里柯先生关于失踪事件的发生背景的证词，立遗嘱人之前从未有过出国旅行而不向他交代行踪的先例。在此要注意的是，在立遗嘱人约翰·伯林汉先生和诺巴瑞博士会面结束之后，并准备前往巴黎的时候，他并没有向杰里柯先生交代他的行程，以及他在巴黎的住处和回国的确切时间。所以杰里柯先生也无法告诉我们立遗嘱人到底去了哪里，什么时候回来。由此看来，杰里柯也无法掌握立遗嘱人的行踪。” “多柏斯小姐和赫伯特先生的证词中有着很多混乱甚至矛盾的地方。比如他们说立遗嘱人约翰·伯林汉先生进了书房后，就没了人影。因为在屋里没找到他，所以他们认为他已经离开了。在他离开的时候，也没有人告诉仆人他要走了。而且之前他还说要留下来等赫伯特先生，所以他的不告而别显得很突然。一个人可以这样鬼祟地离开别人家，并且没告诉仆人一声，那么他会不会经常也用同样的方式离开平日出现的场所，而事先不告知别人，也不向任何人交代去向呢？” “现在，我们有两个问题：一，立遗嘱人的失踪跟他的生活习惯和个性是否相违背？二，是否有证据可以证明立遗嘱人已经死亡？这两个问题的答案，加上刚才大家已知的各种证据，会引导我们得出一些结论。” 法官做完以上陈词之后，就开始读起了遗嘱内容，但没过一会儿就被打断了，因为陪审团主席宣布，他们已达成了一致意见。 法官随即直了直身子，望着陪审团席，当主席发表声明说，他们认为没有足够证据可以认定立遗嘱人约翰·伯林汉已经死亡的时候，他点了点头表示赞同。于是，在对罗蓝律师正式传达法庭驳回死亡认定申请的时候，他谨慎地解释说，他个人的意见也是如此。 这项裁决让我终于松了一口气，我想伯林汉小姐也一样，伯林汉小姐的父亲也很开心，他抑制不住胜利的愉悦。因为天性善良，他很快离开了法庭，以免让遭到挫败的赫伯特看到，伯林汉小姐和我也随即离开了。 当我们离开法院的时候，伯林汉小姐笑着说：“看来，我们并没有走上绝路。我们还是可以摆脱厄运的，或许可怜的约翰伯父也一样可以。”