It cannot take to itself a tongue, and speak by word of mouth also; and, in support of this, I may call your Lordship's attention to the general principles of law governing the interpretation of written documents." "I am quite aware of those principles, Mr.Attorney, and I cannot see that they touch this question." "As your Lordship pleases.

Then I will fall back upon my main contention, that Miss Smithers is, for the purposes of this case, a document and nothing but a document, and has no more right to open her mouth in support of the plaintiff's case, than would any paper will, if it could be miraculously endowed with speech." "Well," said the Judge, "it certainly strikes me as a novel point.

What have you to say to it, Mr.Short ?" All eyes were now turned upon James, for it was felt that if the point was decided against him the case was lost.
"The point to which I wish you to address yourself, Mr.Short," went on the learned Judge, "is--Is the personality of Miss Smithers so totally lost and merged in what, for want of a better term I must call her documentary capacity, as to take away from her the right to appear before this Court like any other sane human being, and give evidence of events connected with its execution ?" "If your Lordship pleases," said James, "I maintain that this is not so.
I maintain that the document remains the document; and that for all purposes, including the giving of evidence concerning its execution, Miss Smithers still remains Miss Smithers.

It would surely be absurd to argue that because a person has a deed executed upon her she was, _ipso facto_, incapacitated from giving evidence concerning it, on the mere ground that she was _it_.

Further, such a decision would be contrary to equity and good policy, for persons could not so lightly be deprived of their natural rights.