It was not certain that any individual in that room had seen the young man for eighteen years; but one of the defendants had any distinct recollection of him, even at that time; the colour of the hair, and a general resemblance in complexion and features, might well be the amount of all that could be advanced in favour of the likeness; the plaintiff resembled the Stanleys, father and son; but probably a hundred other men might be picked up in the country, in whom the same resemblance might be found--men who laid no claim to the name or estate of Mr. Stanley. Similarity of handwriting was not uncommon either; and here some dozen notes and letters were produced, and proved to a certain degree that this assertion was correct; in several cases the resemblance was very great; and Mr. Ellsworth maintained, that with the documents in the possession of the sailor, undeniably written by young Stanley, any common writer, devoid of honesty, might have moulded his hand by practice to an imitation of it, sufficient for forgery. So much for the resemblance; he would now point out the difference between the plaintiff and William Stanley in two points, which, if clearly proved, must convince the jury that identity was utterly impossible, a pure fiction, a gross deception. He then produced the portrait of William Stanley; after acknowledging that there was some general resemblance, he suddenly showed the difference in the formation of the hands, fingers, and nails, between the boy and the plaintiff. This difference was indeed striking, for Ellsworth took a moment to point it out, when the sailor was in court, and engaged in putting a piece of tobacco in his mouth, and his hands were in full view. For a second he seemed out of countenance, but he soon resumed the confident look he had worn throughout. Mr. Ellsworth entered very minutely into this fact, showing that painters usually gave a correct idea of the hand, when it was introduced in a portrait; and the impossibility of the natural formation of the hand being entirely changed, either by time or hard work, was proved by the testimony of anatomists. The family physician of the late Mr. Stanley was an important witness at this stage of the trial; he swore to the fidelity of the portrait, and confirmed the fact of the particular formation of William Stanley's limbs when a boy; he thought it very improbable that a lad of his frame and constitution would ever become as heavy and robust as the plaintiff. He was asked by a juror if he thought this impossible? "No; he could not say it was impossible." The difference in gait was then examined.
{"spoken the Jefferson" = passed and communicated with}
"There is yet another point to be examined," said Ellsworth, "similar in nature, but still more decided in its bearing." He then brought forward all the testimony that had been collected, as to the temper and capacity of William Stanley; it was clearly proved, chiefly by the young man's tutors and companions, that he was morose and stubborn in disposition, and dull in intellect. So far this point was easily settled; but it was difficult to place the opposite facts, of the cleverness and better temper of the plaintiff, as clearly before the court as they had appeared to the defendants. Any one who had seen him under the same circumstances as Mr. Wyllys and Hazlehurst, during the last three months, would have been convinced of this difference; but in the court-room it was not so easy to place the matter beyond dispute, although two witnesses gave their opinions on this point, under oath, and Ellsworth did all he could, by attracting attention to the plaintiff, to his manner and expression; but he was not quite satisfied with the result of his own endeavours.
