The evidence was going strong in favor of the will--at last O'Connell undertook to cross-examine one of the witnesses. He shrewdly observed that he was particular in swearing several times that "life was in the testator when the will was signed," and that he saw his hand sign it.
"By virtue of your oath was he alive," said Mr. O'Connell.
"By virtue of my oath, _life was in him_;" and this the witness repeated several times.
"Now," continued O'Connell, with great solemnity, and assuming an air of inspiration--"I call on you, in presence of your Maker, before whom you must one day be judged for the evidence you give here to-day, I solemnly ask--and answer me at your peril--was it not a live fly that was in the dead man's mouth when his hand was placed on the will?"
'The witness fell instantaneously on his knees, and acknowledged it was so, and that the fly was placed in the mouth of deceased to enable the witnesses to swear _that life was in him_.
The intuitive quickness with which O'Connell conjectured the cause of the fellow's always swearing that "life was in him," obtained for him the admiration of every one in Court, and very materially assisted in securing his professional success.
In the course of his attendance at an Assizes in Cork, he was counsel in a case in which his client was capitally charged, and was so little likely to escape, and was actually so guilty of the crime, that his attorney considered the case utterly desperate.
O'Connell entered the Court aware of the hopelessness of his client's chances. He knew it was useless to attempt a defence in the ordinary way. There was evidence sufficient to ensure a conviction. At that time it happened that the present Chief Justice, then Sergeant, Lefroy presided, in the absence of one of the judges who had fallen ill. O'Connell understood the sort of man he had on the Bench. He opened the defence by putting to the first witness a number of the most illegal questions. He, of course, knew they were illegal, and that objections would be raised.
Sergeant Goold was the crown prosecutor, and he started up, and expressed his objections. The learned Chief Justice declared his concurrence, and decided peremptorily that he could not allow Mr. O'Connell to proceed with his line of examination.