"The evidence that you have heard divides itself into two parts--that relating to the circumstances of the testator's disappearance, and that relating to certain human remains. In connection with the latter I can only express my surprise and regret that the application was not postponed until the completion of the coroner's inquest, and leave you to consider the evidence. You will bear in mind that Doctor Summers has stated explicitly that the remains cannot be identified as those of any particular individual, but that the testator and the unknown deceased had so many points of resemblance that they might possibly be one and the same person.
"With reference to the circumstances of the disappearance, you have heard the evidence of Mr. Jellicoe to the effect that the testator has on no previous occasion gone abroad without informing him as to his proposed destination. But in considering what weight you are to give to this statement you will bear in mind that when the testator set out for Paris after his interview with Doctor Norbury he left Mr. Jellicoe without any information as to his specific destination, his address in Paris, or the precise date when he should return, and that Mr. Jellicoe was unable to tell us where the testator went or what was his business. Mr. Jellicoe was, in fact, for a time without any means of tracing the testator or ascertaining his whereabouts.
"The evidence of the housemaid, Dobbs, and of Mr. Hurst is rather confusing. It appears that the testator came to the house, was shown into a certain room, and when looked for later was not to be found. A search of the premises showed that he was not in the house, whence it seems to follow that he must have left it; but since no one was informed of his intention to leave, and he had expressed the intention of staying to see Mr. Hurst, his conduct in thus going away surreptitiously must appear somewhat eccentric. The point that you have to consider, therefore, is whether a person who is capable of thus departing in a surreptitious and eccentric manner from a house, without giving notice to the servants, is capable also of departing in a surreptitious and eccentric manner from his usual places of resort without giving notice to his friends or thereafter informing them of his whereabouts.
"The questions, then, gentlemen, that you have to ask yourselves before deciding on your verdict are two: first, Are the circumstances of the testator's disappearance and his continued absence incongruous with his habits and personal peculiarities as they are known to you? and second, Are there any facts which indicate in a positive manner that the testator is dead? Ask yourselves these questions, gentlemen, and the answers to them, furnished by the evidence that you have heard, will guide you to your decision."