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Sign up freeThe Portland Daily Press
Portland, Cumberland County, Maine
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In an English court, Samuel Warren prosecutes a man for forging a will by cleverly cross-examining him on the sealing process, exposing the use of a wafer instead of red wax, proving the forgery before Lord Denman.
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The Forged Will.
A few years since, a man of high respectability was tried in England, on a charge of forging a will, in which it was discovered he had an indirect interest to a large amount. Samuel Warren, the celebrated author of the Diary of a Physician, etc., was associated with the Prosecuting Attorney and the case was tried before Lord Denman.
The prisoner being arraigned and the formalities gone through with, the prosecutor, placing his thumb over the seal, held up the will and demanded of the prisoner if he had seen the testator sign the instrument; to which he promptly answered, he had.
"And did you sign it at his request as subscribing witness?"
"I did."
"Was it sealed with red or black wax?"
With red wax.
"Did you see him seal it with red wax?"
"I did."
Where was testator when he signed and sealed this will?
"In his bed."
"Pray, how long a piece of wax did he use?"
"About three or four inches long."
"Who gave testator this piece of wax?"
"I did."
"Where did you get it?"
From the drawer of his desk.
"How did you light that piece of wax?"
With a candle.
"Where did that piece of candle come from?"
I got it out of a cupboard in his room.
"How long was that piece of candle?"
"Perhaps four or five inches long."
"Who lit that piece of candle?"
"I lit it."
"With what?"
"With a match."
"Where did you get that match?"
On the mantle shelf in the room.
Here Warren paused and fixed his large deep blue eyes upon the prisoner, he held the will up above his head, his thumb still resting on the seal, and said in a solemn, measured tone:
"Now, sir! upon your solemn oath, you saw testator sign that will-he signed it in his bed-at his request you signed it as a subscribing witness-you saw him seal it-with red wax-a piece of wax two, three or four inches long: he lit that wax with a piece of candle, which you procured for him from a cupboard; you lit that candle by a match which you found on the mantle shelf?"
"I did."
"Once more, sir! upon your solemn oath, you did?"
"I did."
"My Lord," exclaimed the triumphant attorney, "it's a wafer!"
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Location
England
Event Date
A Few Years Since
Story Details
A man of high respectability is tried for forging a will in which he had an interest. Prosecutor Samuel Warren, with the case before Lord Denman, cross-examines the prisoner on the signing and sealing process, leading him to affirm details that reveal the seal was a wafer, not red wax.