With respect to wills, the position is very different. Every man who

has any property of any kind ought to make a will, especially if he

desires his property to be distributed in any way different from the

mode prescribed by law in case of his intestacy. Many cases occur in

which the neglect to make a will is not only foolish but positively

wrong. A husband has a duty to perform towards his wife which cannot be

omitted without culpability; and the same may be said of the duty of a

parent to his children. As to the former, there is a danger which is

often unsuspected by the owner of real estate. The law provides that

on the death of such a person intestate, leaving a widow, she shall

be entitled to dower out of such estate; that is to say, one-third of

the rents thereof during the remainder of her life; but this right to

dower is subject to any disposition which the owner of the estate may

have made thereof, or any charges which he may have created thereon.

In England, there is no inalienable share of property which the widow

and children can claim, even as against the devisee, as is the case in

Scotland. But there is a power to bar the right of the widow to her

dower by means of a declaration to that effect in the conveyance to

a purchaser, or in any deed subsequently executed by him relating to

the property. It must be observed that the declaration in bar of dower

is not necessary for the purpose of creating charges upon the estate,

because dower is expressly made subject to such charges. But if the

declaration has been inserted in the conveyance—without the knowledge

of the purchaser—his widow will have no claim to any provision out of

such estate unless it shall be made for her by the will of her husband,

who, in ignorance of the necessity for making a will, dies intestate,

thus leaving his widow dependent upon his heir-at-law; in numerous

cases, a distant relative, who is not disposed to acknowledge that the

widow of his predecessor has any claim upon him.

Again, as to his children, the possessor of real estate ought not to

forget that in the case of freehold property it will descend upon

his eldest son as heir-at-law; thus leaving his younger sons and his

daughters unprovided for except as to their respective shares of his

personal estate, which may be of small value, or even insufficient

for the payment of his debts. If the property should be copyhold, it

would descend to the customary heir, who might be the eldest son, the

youngest son, or all the sons as tenants in common in equal undivided

shares; but in any event, the daughters would remain unprovided for.

FOOTNOTES:

[1] It should be understood that this series of articles deals

mainly with English as apart from Scotch law.

A DEAD SHOT.

AN INCIDENT IN 1801.

The following singular story is perhaps worth putting on record because

the narrative is strictly true.

In the year 1801, a fine old Jacobean house, known as Chatford House,

situated on the borders of Devon and Somerset, was in the occupation

of a Mr Edward Leggett, a wealthy farmer, and his two sons. The

house, like many of its class, had originally been built so that

its ground-plan formed the letter [Illustration: E], a centre, with

projecting doorway, and two wings; but one wing had been taken down

altogether, as well as a portion of the other, so that the ground-plan

became thereby altered and took this form, [Illustration: E with

the top bar removed], the centre doorway remaining untouched. This

should be remembered, in order to understand the circumstances of

the principal incident of the narrative. Over the projecting doorway

was a room which went by the name of the ‘Oratory,’ probably on

account of its large projecting bay window, which gave it somewhat

of an ecclesiastical appearance, and from this window a view could

be obtained on all sides. The small part of the wing which was left

standing was used as storerooms, and access from the outside was gained

by a small door, which had been injudiciously opened in the corner, or

angle, when the alterations were made.

Mr Leggett possessed a large quantity of very fine old massive

silver-plate, which was placed in one of the storerooms, strongly

secured and locked, in the remains of the wing referred to. It was

supposed that he had also a considerable sum of money locked up with

the plate, as banking was not so common in remote country-places in

those days.

Now it happened that, on the 23d of April 1801, Mr Leggett and his

two sons had to attend a neighbouring cattle fair, and had proposed

to sleep in the town, instead of returning home the same night; but,

a good customer having arranged to complete a purchase early the next

morning, Mr Leggett’s eldest son, George, came back to Chatford very

late and went quietly to bed; but the worry of the fair, and anxiety

about to-morrow’s purchase, prevented him sleeping. His bedroom was

at the end of the house, close to the store wing, and just above

the little door in the angle already mentioned. Whilst restlessly

tossing about from side to side, young Leggett heard the house clock

strike two, and just after became aware of a peculiar grating noise,

apparently under his window. To jump up and cautiously and silently

open the casement was the work of a minute. It was a cloudy moonlight

night, just light enough to show objects imperfectly, but enough for

George Leggett to observe the figures of two men close to the little

door in the angle immediately below, on which they were apparently

operating with some cutting tool, which had produced the grating noise

he had heard. George, who was a young man of great intelligence,

quick judgment, and ready resource, instantly comprehending the

situation, took his measures accordingly. He happened to be a member

of the county yeomanry cavalry; and catching up his carabine and

some ball cartridges, he silently left his room, and proceeding down

the corridor—loading his carabine as he went along—soon reached the

‘Oratory’ room over the porch, whence he could see straight down on to

the little door, which was then right in front of him. Silently opening

the casement, he made a careful survey of the position, which a passing

ray of moonlight enabled him to take in at a glance.

At the little white-painted door were the two men, whose dark figures

were well thrown up by so light a background. One was stooping

or kneeling, and the other was standing close behind him, their

backs, of course, being turned towards their observer. Putting his

carabine on full-cock and laying it carefully on the window-sill,

after a deliberate aim, Leggett pressed the trigger. A loud shriek

and a stifled cry followed, then all was still. Leggett stood

intently watching the spot for several moments; but profound silence

prevailed—not a sound was heard, not a movement was perceptible. The

only other man in the house was the groom, who was quickly roused; and

lanterns having been procured, he and Leggett repaired to the spot, and

were not a little staggered to find both burglars lying dead. The hand

of one of them still grasped a very large steel centre-bit, with which

he had been operating on the door. Subsequent surgical investigation

showed that the bullet had struck the back of the first man, passing

through his heart, and had then entered the head of the man who was

stooping or kneeling in front of him, just behind the ear, lodging

in the brain. The bodies were at once removed in-doors; and at the

inquest, held the next day, the following particulars were elicited:

By the side of the dead men was found a leather travelling portmanteau,

containing a highly finished and elaborate set of housebreaking tools,

together with a piece of candle and a preparation of phosphorus for

obtaining a light, as it is needless to say that lucifer matches were

unknown in 1801, their place being supplied by the old-fashioned flint

and steel and tinder-box, articles not available for burglars’ use.

Each man was armed with a brace of pocket pistols, loaded and primed;

and one of them carried a formidable-looking dagger, fitted into the

breast of his coat; clearly showing that these ruffians were prepared

to offer a desperate resistance, if interrupted or molested. They were

both well dressed, and had quite the appearance of gentlemen. Each

possessed a good watch and seals, and carried a well-filled purse. One

only had a pocket-book, containing many papers, chiefly relating to

money matters and betting transactions; but only one letter, which,

however, proved of immense importance in throwing light on the lives

and characters of the deceased burglars, and in telling the story of

the attempted robbery. The letter was directed to ‘Mr John Bellamy,’

at an address in Shoreditch, London, and was dated from Roxburn, the

name of a large neighbouring farm, and bore the initials ‘J. P.,’

which, with the writing, were at once recognised at the inquest as

those of ‘James Palmer,’ the managing bailiff at Roxburn Farm, a clever

and unscrupulous fellow, without any regard for truth or principle,

well known in those parts, but a man whom nobody liked and everybody

distrusted. This communication was in these few but significant words:

‘The 23d will do best; coast clear, no fear, all straight.—J. P.’

This letter, with the tools and a full report of the whole case, was

at once sent to Bow Street, London, and an investigation made by the

‘Bow Street runners’—the detectives of those days—for there were then

no regular ‘police,’ as we now understand the term. On searching the

premises in Shoreditch, indicated in the letter, where John Bellamy

lived, it was discovered that the supposed John Bellamy was no other

than ‘Jack Rolfe,’ one of the most successful professional burglars

of that day; and the authorities hesitated not to express their

satisfaction that his career had been so cleverly cut short.

An immense quantity of stolen property, of almost every description,

was found at Rolfe’s lodgings in Shoreditch; and what was more

important—as regards the present narrative at least—a correspondence

extending over three or four years between Mr James Palmer of Roxburn

Farm and the arch-burglar John Bellamy, alias Jack Rolfe himself, by

which it appeared that this robbery had been planned and arranged by

Palmer, who had supplied Rolfe with the fullest information as to

Mr Leggett’s plate and money, as well as a neatly drawn plan of the

premises, which was found amongst the papers. Palmer had also arranged

the date of the robbery for the 23d of April, as he had discovered

that Mr Leggett and his two sons intended to sleep out that night. Nor

was this all; for only a few weeks previously, the rascal had had the

effrontery to invite Rolfe to pay him a visit at Roxburn, under colour

of his being a personal friend, which invitation Rolfe had readily

accepted; and one of the witnesses at the inquest well remembered

his coming, and at once recognised him in one of the dead men—he of

the centre-bit. Rolfe was described as a quiet, pleasant, and rather

gentlemanly man.

Not far from Mr Leggett’s gate, a light cart and pony were found

tethered early in the morning of the attempted robbery. The cart had

been hired from a neighbouring market-town to convey the thieves to

the scene of operations, and to bring them back with—as they fondly

anticipated—a sackful of rich plunder. They had been staying a day or

two at this inn as commercial travellers, calling themselves brothers,

and giving the name of Sutton.

On the evidence afforded by the correspondence found in Shoreditch,

Palmer was apprehended; and further investigation brought out the fact

that the notorious Jack Rolfe was not only his friend, correspondent,

and accomplice, but his own brother also, Rolfe being merely an ‘alias’

for his real name of Palmer. The two men were very much alike both in

face and figure; and it came out in evidence that they belonged to a

family of burglars and sharpers. One brother had been transported for

life for robbery and violence; another was then in prison for fraud

and theft; James had just been apprehended; and John had been shot

dead whilst plying his trade. James appeared to have been the only

member who had held a respectable position—that of manager of Roxburn

Farm, and he could not keep away from dishonest practices. It was also

further discovered that Palmer had been an accomplice in two or three

mysterious burglaries which had been perpetrated in the neighbourhood

during the two or three previous years, in which the thieves had

displayed an accurate knowledge—even to minute details—of the premises

attacked, the habits of the inmates, and the drawers or closets where

valuables were kept. All this was due to the planning and arranging of

the brother James, who could at his leisure quietly take his measures

on the spot; which were then carefully communicated to his brother

John, who ultimately became the willing executant. Palmer was shortly

after brought to trial, convicted, and sentenced to fourteen years’

transportation.

The verdict of the coroner’s jury was ‘justifiable homicide;’ for in

those days of desperate and well-armed burglars, the shooting of one

or two of these gentry, whilst in the act of plying their nefarious

calling, was considered not only a clever but a meritorious action.

THE EVIDENCE OF THE SENSES.

The senses are the witnesses which bring in evidence from the outer

world, without which that world would for us have no existence at

all; but the mind sits aloft on the judgment-seat and forms its

conclusions from the evidence laid before it; and these conclusions

are for the most part wonderfully correct; for, though the testimony

of one sense alone might lead the mind to form an erroneous opinion,

this can be rectified by discovering what one or more of the other

senses have to say on the same subject. When, however—as sometimes

happens under peculiar circumstances—the evidence of one sense only is

available, the mind may very readily arrive at a false conclusion. As

an instance of this may be cited what is often observed by surgeons in

cases of hip-joint disease. The patient, usually a child, complains

of severe pain in the knee, which, however, has not, so far as can be

ascertained, been injured in any way. Very likely, the pain is severe

enough to prevent sleep at night, so that there can be no doubt about

its existence, and it may perhaps have been almost continuous for some

time past. Now, in such a case the surgeon will have a shrewd suspicion

of what is really amiss, and very often will at once proceed to examine

the hip. This he will do, too, in spite of assurances on the part of

the parents that the patient always complains of the knee and of that

joint only. He does not doubt that the pain feels as if it was in the

knee, but he strongly suspects, nevertheless, that the disease is in

the hip; and this often proves to be the case. This is an instance of

what is called ‘referred sensation.’ The nerve which conveys sensation

from the knee also sends a branch to the hip-joint, and it is this

anatomical fact which explains the phenomenon. It might be expected

that even if the pain was not felt solely in the hip, it would at least

be always felt there as well as in the knee. This, however, though

sometimes the case, is by no means always so. In this instance, the

patient comes not unnaturally to the conclusion that where he feels

the pain, there the cause of the pain must of necessity be situated.

He would be quite ready to declare that there was nothing the matter

with his hip, for he cannot see into the joint and discover the disease

there. He has, in fact, to depend upon the evidence of one sense only,

and the conclusion based upon the evidence of the single sensation of

pain, is false.

Another instance in which the testimony of one sense alone may lead

to a false conclusion as to the whereabouts of the cause of a pain is

found in what often takes place after the amputation of a limb. Most

people are aware that after part of a limb has been removed by the

surgeon’s knife, the patient may still feel as though his arm or leg,

as the case may be, was entire, may feel much pain in the foot when the

leg has been amputated far above the ankle. Here, in recovering from

the effects of the anæsthetic, were it not for the additional evidence

of his eyesight, the patient might well doubt whether his limb had been

removed at all. The amusing story, in Marryat’s _Jacob Faithful_, of

the old sailor who, having two wooden legs, was accustomed at times

to wrap them up in flannel on account of the rheumatic pains which he

said he felt in them, is not so very extravagant after all. It is not,

however, altogether correct, as it represents the man feeling these

pains in his legs _long_ after they had been amputated. As a matter of

fact, the false impression passes off before very long. The explanation

given by physiologists is as follows: The severed nerve in the stump

is irritated and gives rise to pain; and inasmuch as irritation to

this nerve-trunk has hitherto been always caused by irritation of its

ultimate filaments distributed to the foot and leg, the mind continues

for some time to believe that the sensation still proceeds from thence.

We may glance at another and very similar instance of referred

sensations occurring also in surgical practice. Amongst the rarer

operations of what is termed plastic, and, by Sir James Paget,

‘decorative’ surgery is that by which a new nose is formed by calling

in the aid of the tissue of other parts of the body. This has been

done by bringing a flap of skin cut from the forehead down over the

nasal bones. The flap retains its connection with the deeper tissues

at a point between the eyes by means of a small pedicle, and thus its

blood-vessels and nerves are not all severed. This flap is not simply

pulled down from the forehead—it is twisted at the pedicle, so that

the raw surface lies on the bones of the nose. Now, for some time

after this operation has been performed, any irritation in the nose is

referred by the mind to that part of the forehead from which the flap

of skin was taken; and therefore, if a fly crawls over the patient’s

nose, it appears to him to be creeping across his forehead. Before the

operation, whenever the nerve-ends in the flap were irritated, it was

caused by something touching the forehead, and it is some time before

the mind ceases to refer such irritation to that part of the face.

Leaving, now, the domain of surgery, we may notice two simple

experiments mentioned by physiologists, which all can perform for

themselves. They both prove that conclusions formed upon the evidence

of the sense of touch alone may be quite incorrect. By crossing the

second finger over the first, and then placing a marble between the

tips of the fingers, we get a sensation that leads us to suppose that

there must be two marbles instead of one only. This is because two

points in the fingers are touched simultaneously, which in the ordinary

position could only be touched at the same moment by two marbles.

Judging, then, from the sense of touch alone, the mind infers that

there are two round hard substances beneath the finger-tips; but the

evidence of eyesight and the knowledge that we have placed but one

marble in position, corrects the misapprehension. Again, if we take a

pair of compasses the points of which are not sufficiently sharp to

prick the skin, and separating the extremities rather more than an inch

from one another, draw them across the cheek transversely from a little

in front of one ear to the lips, we shall be tempted to think, from

the evidence of touch alone, that the points are becoming more widely

separated. By measuring the distance between the two points afterwards,

we can assure ourselves that this has not been so; but whilst the

compasses were being drawn along the cheek, and still more when they

had reached the lips, the impression that the distance between the

points increased was very strong. This delusion is said to depend upon

the fact, that some parts of the cutaneous covering of the body are

much more plentifully supplied with nerves than others. It is stated

that the mind probably forms its idea of the distance between two

points on the skin which are irritated in any way—as, for instance, by

the points of a pair of compasses touching the surface—by the number of

nerve-endings lying between these two points which remain unirritated.

Thus, if there be fewer unirritated nerve-endings lying between the

two points of the compasses when placed on the cheek, than there are

when they are placed at the lips, the mind will infer that the distance

between these points is smaller in the former position than in the

latter.

THE STATE’S NEGLECT OF DENTISTRY.

The machinery of the State is so vast that it may well be imperfect

here and there. It frequently falls to the lot of individuals to

point out how the tide of progress has left details in a condition

of inefficiency. We note a recent instance of this. In August last,

at the annual meeting of the British Dental Association, Mr George

Cunningham, one of its members, drew attention to the backwardness of

the practice of dentistry in the various departments of the State.

The substance of his case amounted to this: In the army and navy,

unskilled practitioners wielded uncouth and inefficient instruments

in following antiquated and unscientific methods; while the police

force and the employees of the India and Post offices by no means

derived the full advantages of this department of medical science. Mr

Cunningham was bold enough to include the inmates of prisons among

those whose interests were neglected; and of course the principle

of the humane treatment of criminals is already conceded in the

appointment of jail chaplains and surgeons. We need not enter here into

the voluminous details with which Mr Cunningham substantiated his case.

The broad conclusions he would seem to draw are these: that the medical

practitioner employed by the State should possess a more thorough

knowledge of dentistry; that, where necessary, the services of the

completely trained and qualified dentist should be secured; and that

full resort should be had to the remedial resources of dental science.

Seeing the suffering caused by diseases of the teeth, and the subtle

and intimate connection existing between dental and other maladies, we

trust Mr Cunningham’s paper may receive the consideration it would seem

to deserve.

THE BOARD OF TRADE JOURNAL.

Persons wishing to keep up their information on subjects connected with

trade and changes in foreign tariffs may do so by consulting the _Board

of Trade Journal_, the first numbers of which have just been issued.

An attempt is also made in this journal to give the public information

as to trade movements abroad, from the communications of the different

consuls and colonial governors. Some of the periodical statistical

returns of the Board of Trade will also be included from time to time.

Such a journal deserves the support of all merchants and manufacturers

at all interested in our foreign trade. Formerly, the commercial

Reports from Her Majesty’s representatives abroad did not see the

light for months, or perhaps a year, after they were received; now,

these have some chance of being really useful to persons interested in

foreign trade and to the community at large.

LOVE’S SEASONS.

Love came to my heart with the earliest swallow,

The lark’s blithe matins and breath of Spring;

With hyacinth-bell and with budding sallow,

And all the promise the year could bring.

Love dwelt in my heart while the Summer roses

Poured forth their incense on every hand;

And from wood and meadow and garden-closes

The sweet bird-voices made glad the land.

Love grew in my heart to its full fruition

When Autumn lavished her gifts untold,

And answered earth’s myriad-voiced petition

With orchard-treasure and harvest-gold.

Love waned in my heart when the snows were shaken

From Winter’s hand o’er the rose’s bed;

And never again shall my soul awaken

At Hope’s glad summons—for Love lies dead.

W. P. W.

* * * * *

Printed and Published by W. & R. CHAMBERS, 47 Paternoster Row, LONDON,

and 339 High Street, EDINBURGH.

* * * * *

_All Rights Reserved._

Chambers's Journal of Popular Literature, Science, and Art, fifth series, no. 149, vol. III, November 6, 1886 · 第 3 / 3 段