"Can he have disappeared by his own deliberate act? Why not? it may be asked. Men undoubtedly do disappear from time to time, to be discovered by chance or to reappear voluntarily after intervals of years and find their names almost forgotten and their places filled by new-comers. Yes; but there is always some reason for a disappearance of this kind, even though it be a bad one. Family discords that make life a weariness; pecuniary difficulties that make life a succession of anxieties; distaste for particular circumstances and surroundings from which there seems no escape; inherent restlessness and vagabond tendencies, and so on.
"Do any of these explanations apply to the present case? No, they do not. Family discords--at least those capable of producing chronic misery--appertain exclusively to the married state. But the testator was a bachelor with no encumbrances whatever. Pecuniary anxieties can be equally excluded. The testator was in easy, in fact, in affluent circumstances. His mode of life was apparently agreeable and full of interest and activity, and he had full liberty to change it if he wished. He had been accustomed to travel, and could do so again without absconding. He had reached an age when radical changes do not seem desirable. He was a man of fixed and regular habits, and his regularity was of his own choice and not due to compulsion or necessity. When last seen by his friends, as I shall prove, he was proceeding to a definite destination with the expressed intention of returning for purposes of his own appointing. He did return and then vanished, leaving those purposes unachieved.
"If we conclude that he has voluntarily disappeared and is at present in hiding, we adopt an opinion that is entirely at variance with all these weighty facts. If, on the other hand, we conclude that he has died suddenly, or has been killed by an accident or otherwise, we are adopting a view that involves no inherent improbabilities and that is entirely congruous with the known facts; facts that will be proved by the testimony of the witnesses whom I shall call. The supposition that the testator is dead is not only more probable than that he is alive; I submit that it is the only reasonable explanation of the circumstances of his disappearance.
"But this is not all. The presumption of death which arises so inevitably out of the mysterious and abrupt manner in which the testator disappeared has recently received most conclusive and dreadful confirmation. On the fifteenth of July last there were discovered at Sidcup the remains of a human arm--a left arm, gentlemen, from the hand of which the third, or ring, finger was missing. The doctor who has examined that arm will tell you that that finger was cut off either after death or immediately before; and his evidence will prove conclusively that that arm must have been deposited in the place where it was found just about the time when the testator disappeared. Since that first discovery, other portions of the same mutilated body have come to light; and it is a strange and significant fact that they have all been found in the immediate neighbourhood of Eltham or Woodford. You will remember, gentlemen, that it was either at Eltham or Woodford that the testator was last seen alive.