The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-05-08 00:00:00

BRIDPORT.

THE H&WICLIHURCH WILL CASS

la 4 Thanday th• will ease. Z•alley v. Vearyard .rd
another, &loomed from a iiipemal county court, April
34.1, WY reanoicid before T. W. Saunders Fag.. jedce,
and • jury. Defendants sought to prove that when Um
imitator. Jamea Vesrvard. rimde the will be was of
unsouad mind, and that undue indueoos was woo
towarde blot with respect to thv disposition of the pro-
perty. Mr. Loggia for plaintiff. sad Mr. Gandry for
delvadaata

Th•following witnesses were called for the d01e..,:
Mr. Andrew Tooker aolici.nr. of Mormonlh, said :
I knew the deemed ,Jim..
, unto Vearyard. I pada. the
probate of the will of decemed's father. George Miller
was one of the &denting ...tames, and made the will.
which is dat.d 3rd April. 1854. The property was left
to the dammod, and in cam of his death, to the
defendants, Ids nephews; therefore, if the detested bad
died int.-state, the (1. fondant. would have come ml'.
the property. biller haring stared to me that Jams
Vearyard was I met him at Mr. Saunders', at
(Amman., ad told him the 'roams amounted to ell
n 4 for poo.ng the will. I could get no reason out of
him; all he said as "let me out. let me out, I have
rot Dotting." Mr. Sanders said if be wanted some
....ma be would lend hits oda. I said, let him v. I
sae sake not' ing of him, and the amain bee ressah;ed
unpaid. 1 certainly thooght from his general deateanner
be ad of *owned mind; this was in 1865. He was
very fifty. He was then perfectly incompetent to
manage his affairs, and to lino] toreanon. I knew.
though he mid he had nothing, that he had cow. and
other property. I have not ma the deceased, Janos
Varyard, since I told him I would come and take one
ho cow-, and le mid be would shoot me if I did.
On 27t0 licepL, ISM. Mr. Zealley came to toy oflim a.
clunnenuth. lie wanted toe to act for him. He said
It. had given Mr. Sounders, the mortgagee (as I under•
we'd bias), nota that be would pay off the sacideags.
sad asked use to net for him so his soloitnr. I under.
dood heat an mean in the trader of the ni,rtgage.
I told him Vearyard w•s not competent to deal with
his property in any way from what I had he.,
informed. &alley Mai irked sae to make Vila •
yard's trill I repiied that U be was not
smatent to dal with hi. property in one way he
was not sornpstont to make a son. I told him that Mr
Norris, the medical man who 1,0°0,1.4 de, mad, thought
him incompetent. Z•alley said he Lad had him es.
&mined by Mr. Wills, who said be was perfectly coin-
peteet. I mid Mr. Norris is of • different opinion, sod
sad for hits and you shall hear what he says.
then sent for him, be cone and In ffeallev's presence 1
told hins that Zanily wanted me to at for him to pay
or the mortgage and m.ke his will a l that I had de-
nial to do either. Mr. Nrrris held ffetalley that kit bad
'old the two defendant. eked.; Wore that say will or
document Jamie. Vearyard signed would be Invalid, as
be was lacompeten• I told Mr. Z..alley that the
protract of the fantse's will had not been paid for. CM
4th October I mi. plaintiff 'gain. He same to any
offiae, ad minks •hrini defendant. h•vine takes pawn
sion of the property. I seid "quite right," they bed
done to under my sane. He then said there was a
will by arlsteh dem.sed bad given him all the
_property.
I told hi.l should voter • cavern again.% the will, and
it would he ridiculous for him to diemp• to prove the
will. I aid "1 appose yen got the will, to secure
year debt,' and be •ald " yes it was." I mid it waein
use ides into IPlgstioo ; I had takes ponerion Lad
would pay his debt lest mit of the senperty. &alley
mid he was satiated ad would mad down the will the
act day, and I fully expected when he left that be
would de so. He did not, hut two 41ays after ant a
sok., saying he bad been en abased by &fad .nt's Inirtt
that be should hold the will, Ornesomadned : I take
Mi. Intoned in the ode that I think • mast should not
he deprived of his rights. I ant merely the solicitor in
this ass, I have no other interest. The lass •tne I
saw dared was 11 veers ago, sod I sew nothing of
his idea of mind Mae from pommel howled's. Ilia.
am him since. I have not prepared a dead for
Vou7ard to Mips nor locked hits I. my dad, ar ever
told any one so. When I saw damsel at Mr. Sounded'
I sent for him to pay the probe's, Bridle was premed
at the time. He was incompetent to prove the will,
bat I wanted him to pay my bill, though he
was Warta. I was ready to take his money
as I ocieeidered the other executor was waled the
amount was right. Vearysrd was oat adder named
on the will but be did not net, It is not beaus, my
bill of ell odd has not been paid, Lltal take mush an
interest is this cams

M-
n% Leggin asked Mr. Tusher If he thought Jamas
irestryard was insane bemuse be did not lisr bit bill.
tgr. %dm esld, "W41,h.d11 not pay It' Mr. Loggin
"No, I should think be would ham been
insane if be ha paid for $ Mil be had never incurred."
—Crometarei ,ation motioned : Mr. &undero offered
to lend him money. I °moot say whether or Do Mr.
g.uaglem IWO likely to lend en inasne man any mom?.
I have examined many witnesses with respect to this
oar, POO* 01 ebieh hue not emu* hem I WWI only
mil those witoemes that suit my pup se. One man
named Colyton I asked shoat the rm., bit b„,..et
sailed him. I hare acted for &alley in the C.,unty
Cuert at Azmnster, Aral dam hod deslines with bite.
CM LIN Ileplendier I booed es ads of him nutas
far as I remember, tie iobjeot Mos not mentimied thee
day. I swear I gnye him no order for oms ou 27th.
His bill for oars is ler este had on 44h Oatub,
&alley mem on 27th he begs., to.. shoat the will
not I to bins. I gm sotint for Kr &Loaders no.
wrote to hint, sad Ming VIM tO •1101, MO to set for
him. in outs say question mom Of trariefer of niortgaite
or say tithed qmetioo, that I should be able to set.
I Aid net take NO M, OS. al • professional sea to
make say iwedt set • .
The jv4 thrombi Mr. Talker had aoaad Lama fide
IkSSisDe mad 144 whaaliar will is jfl f, 444 hi
imers4. vss asl Ali to awe hi,

Mr. Oundry bars Malted to ask Mr. Teske, what Wu
the gagers' report as to tho stale of deceased's wiwl,
hot the judge said he scald sot do that any wore than
a questioe as to his honesty. A was else might ask
even whether Mr. Bright was in his right mind—
(laughter). He should tell the jory that they could not
jod„ot ineaui.y from general repute ;if genetal repo,. WOO
to ngulate titre Imam, many people be was afraid
"mold emus badly off.
. ,

Mr. Norm, of Chonnooth, a medical man for mont
than 21 Rid; lame acquainted with the deceased.
I first bad an iotertiew with km prof. miondly about
six niostb. bifocal his death. He tame to me about a
coutpleint he bad, sod I attended him throughoet the
moot hof April. I afterwards saw boo at his owe house
1.. July, when be •as suffering from dropsy slid con.
tinned attending Imo) then up to the time of his death.
I raw him sometimes moo aid sometiome twice a week
daring that time. Hs always app tared to he an
ignorsat man without mush reasoning power, ited weak
in intellect. Hs gradually got worm up to his death.
I saw him lest On 2od October, his mind seemed atill
further weakened theu from disease. I talked to him,
and he answerod the questions with some little difficult,.
The preview. time to that I visiied him was the 26th
September, be wit not in bed then, be was in a pubic
bowie close to his home. I tithed to liim sod adtised
him how to act, and found I could not reason with him
▪ aIL I was asked justifier seeing him on that day
as to his state of mind, sad my impression was that he
was incompetent at that time to onnerrand sufficiently
well to execute any legal do unseat, from the conversa-
tion I had had with him, which lasted shout an boor,
sot which confirmed ma in my previous impression as
to his state of mind. Ois 2od October he woo still
further weakened in hi. mind from Mows. My minion
is that at those two dates and between, be was not
competent to execute say leg.ldeenment. Towards the
latter end of tteptember I was net for by Mr. Tischer
and went to his one and foetid plaintiff there. Mr.
Tucker asked in. to give plaintiff my opinloo as to the
state of deceased's mud, and I idyl frealhey that he was
harapable of triturating any boohoos. I paw &alley
`gni° on 4th October. as Hr. Tuoker's office. I heard
Zealley speak to Mr. Tooker about demasedb will.
I told Hr. Zealley I thought it was • pie
be nb.nin ha.ie anything to do with the will
sad he said he did not bitted toast oe it ; he
wished to bort so one, Mr. Tacker asked him if
what he wished was to atom his own debt from Year.
yard, and he said that was what be wished to rto, and
1.• Wi, promiain4 to leave the matter in Mr. Tucker's
hands. Crime-examined :—When I saw Mr. Vearyard
io April, Ii come to me surgery oiover.l times shoot •
iiiessoe he bad sontreeted at Axminster. Wises I attended '
him In Jul,. he w.s suffeting from another complaint.
dropsy. I think it oss less ass • fortnight before 26th
is...pt.-when I saw him previoonly. When I mist bins
28th Sept. I neared him to make himself clean, and take
op money on hi. property. It was from Among him in
that conviirmtion so inoiropeteet to rearm that I in'
ferret that he was incompetent to est. It was bemuse
he wool., not take hp loolloy as his property pertly
made me thiok him incompetent, and from the (smitel
tosioi men*. of his conveiaatton. be was certainly not fit
to take earo of himself or his property. I knew hews.
living alone, but had no power to place any one there
to live with him. I should, if he lid' been a pee Cr.
have reported his ease, but us he was not, I did not do
so. I knew Km Powell attended to him, and Mr*.
Harwood also did, so be was riot left entirely *ion,.
I hove head him say thing. which I believe were d• lo•
sions. He said morels threw stones at Mot, which was
, evidently nothing but imagination On 2nd Oct. I
found him won* ; he knew i.e. I have an soionot
sgainst deceased's (ather's mist*. In answer to a quo,
iron from the Jary :—Whea I asked him to take up
be property, I don't think be understood me.
Mr. Tucker, in answer to questions fro. the judge,
said ho tali. end the property worth-shoat £l7O or £lOO,
and there was about PI) deo es it.
Andrew Paul, laboarer. living at Wooten Hill. within
• short distgam of testator, and ktiotaitig him many
years. : I never iLioteht him a rieht ilMn I bee.
beard bite talking to hinteoll and asked him about it,
sad sometime. he Dahl he was talking to the not, and
sometimes he said he was talkieg to tie dee I, if he one
.agry. He hitd • cow dkd lasi sitting. He came to me
tier the cow's death and mks in. to as, if the cow was
dead. 1 said be (wield see that it was lea I. and he went
up thee sad gave the cow a kick. I had previoo.ly told
him ha would starve the cow it he didn't tam one., awl
be said be should ad. About four days Wore he died
I went up to hie lovas; ised foetid he was lock di.. I
got into tim house mid spoke to hon. 1 deo't thio.k 1 0
was in his right mind.—Cromonsmined : I don't know
but what am in my debt miry& ain't soy for rortoio,
It wOO% d.. to make too sant--(l.ughter). When le.
hits the last time be knew me and understood what I
was talking about. In answer to the Judge witosio said
dammed was a farmer. with three cows. Fie used to
make batter and sell it. He could not say what he got
. his living from; he had not concerned himself about his
affairs.

John Bridle, • black•mith, of Wootton Hill, said I
haw dammed from 30 to 40 years. I lived scar him
latterly. Deceased was aware man of unsionnd mind
from his speech and actions. One notion of his ems that
on
aleph int at • will tweet show at Chard, wh.re
aimed was with • oat had sucked him in asU and all,
and lie sail when in.ite he to d the H-oper if ha didn't
let him out h• would cot • he's in the ilia of the
el. Oust The keeper got him out and he ma. taken
'be conduit to be weetio•—(loud laughter). I remember
his father, theme was unkind to him.- Cron-examined
This amirenation occurred about Chard fair abet*
four or 11.• yean ago. Demised was not pas
tionlaly tosetiona. He spoke of this Chord fair many
times to different people, and when they told him ft was
not true, lie said he would swear it was. I have known
insane poop's, and hare slept with them. I bans not
aught awe( their insanity from that I believe.
William Sawyer, living at Radian near Tboreosimbe,
a carpenter, mid : I knew the deceseed very well for
morn that 30 years. I kaw hi. father and mother
when they lived near Flolditch. They sent to ale to look
alter dectiand as be wee out of bin mind. That was
shoat 26 yeas as.. I went to them and fogad demand
was oat of his °Mod, and had brosght down • gun to
,hoot his father and niother. I took the gun from him,
ant stayed there a fortnight m the wont, mere ot,gi4
of him. I had • wood deal of trouble with James Teo:-
yard, and did not take off my clothes all that time. I
then gave no and a titan named P.lmer tbse stayed
with Varyard • month if not six woks after irerde. I
do not think he was a man in hi, tight mind ear.—
Cronexamined : He never hart rue as I was too good •
'can for him. The &teemed belonged be • club at
Flawkehureh. I have had • dispute with Mr. 7.
He sued in. for massy. He said ~,.gt % Haltister
Openly Court about two pore ego. I and Z.alley ta I
...me words there, ha I am not cane here to speak
about Mug, I disputed the di ht, I have nit paid all the
money yet, and don't intend to. I don't owe hum
money, there has been • judgment given naiad Ina in
the ant but it wee not right. —Beia.mined : tfr.
&alley acid I have had some money transactions to-
gether, and he sued me in the rtmoty I art I would
not come here to alien), lie in eonseqn.noe of that. In
answer to the indite, elinses esti the lent time lie
mw deem.. was at Hawkith•reh club lam Whitsuntide.
By the jury: He did not know bow Vearyard paid his
mimes into the club, members paid their subway-
Mats quarturly.
Wiliam Powell, a farmer, living at Yells's& Farm.
Thanaombe, mid: I knew Josses Vcaryard for forty
years. When hi. falser was alive hv used to employ
see to do batons trepanations for bias, as his eon ers.
not capable of doing them for bin. I ran hardly tell
whet so-t of a men deceased wa•—(laughter). H. was
not very Meyer I think. I rematiba his mother's
death; at that time denased sat that on the way to
the grave, the Hull family met the funeral. an crewed
the coffin and looked in it. I was present at the
funeral, and know it wm nitres When dammed O&M
this., he spoke gate sationsir. From my Smart. do of
the ma all these years, I don't fancy he SIM amid to
mak* • will. —Croonnismined Tbe hut time I now
iin before his death, woo a few moctlis before. He
amid to harp his monk on till it bopped off. The
mother's haat was about 15 years ago. I h vs men
Very let,le of him of late yews, but hare heard of bite.
lilmbetk Bridis, wife of James Bridle, one of the
defenctints, living at Fishpond Bottom, : In
4partaber, ism before his deoth, I went to the In-
spector to get him clamed. A day or ao slow, I went
town to deceseed's house, but did not me him. I •••
Brian', who end he could do fur deceased hotter than
ire could, and we 'grind Hain that be should keep his
hone olean, end if any money was wasted, if he would
stance it, they would be wean% Is. This was on the
2 h B.rp• mbar. He said he could nog got snag.eess if
to sign anything. We thought we bad arranged it all
comfortenly with Mr. &alley an. friend. A few days
after I sew &alley again, and isid "I underarms.' you
Hive got demand to sa.ke a will, and bare aloe got the
reensame.“ and he amid bad I told him there mu.. will
of deceased father's, and they sh oil Goateed this will
of deceesed.o Laney sad kse *bald not bort me, and
if my hatband would come down, lie would sign any-
tido, to satisfy him. He did not tell no what eas In
the will. The dammed lived is an Haul state of dirt.
I woo protest at Vs irys.d's name the day of hi.
Nand, and sew him takes cow and calf from deceased.
161 d, and had them drives on hi itie bootee while the
firferti nu piing on. There wa• seem one employed
to drive the in. sad alt.—Cross-examined : Was not
• great favourite of dammed ; was ones, but not of late
years. lam straightforward in my dealing'. I never
owed £2O on promissory note to Kr. Boma If I did
It Wag uoknotirti to me.

Joules Bridle one of the defendant. In this ram, mid :
I was one of the 'monitor. of the will of dem. 4mmr
totber. fluor. bays dowasaad NO years. he lived is as
very dirty otate. He g. Derail did for Wyman to •
pialeh eort of way, and lived Mom efts, hie father's
death. I suer dø seed hist September. I eambei
down eome things. I did Dot see him *pin till the
Sunday b. fore he did. I Saw &alley that day. Deo
mama wie in bed calling Meal, for " yea' for
Emma and before she im os Leaky same Isto mid to
&alley you got this will made to weal me out of my
right. lie sald I ran ehoose whether I will moots It
or not. I went upstairs nod saw doorman' ; be was
looking very ill. My wife and I saw &Mk' on the Mist
.eptensber. He same into my bow and said some ow
must look to deemed, or be must he taken to Me
Union. Zealley said it you will allow nie I um do
better foe him than you eon. It wee lewd *MI be
shoald do arl, and I mid I would advorme • little mousy
It required. I sever soithorised he. to have • will
made in his own favour, and never Mt-tight be would
d 0... I was at th• bonne of deses-ed Ootober 3rd. I
went to take pose saiori and put • chain on the (*tea
I mw &alley Mare and toll hint I would put the Maio
on to take poseermon ss executor of devised (other'.
will., I resamstur the day of the funessi, rasalley was
there, sad • gestleman with hi. who read • will; there
were oleo three or lour tithe kindred. I did sot know
what the will was before Mai I did not go to the
formal am there was no omvi•yenos. Bu b lky said •
rhould bees tbe eow and ealf taken away and this, were
driven stray. Heard NW &alley was at the funeral
Cronsamaried wimps sue uic sow sad wilt is the
rood. I saw druesred in geptrislber ; be wanted ths
windows weeded, but I sever said board was good
smosigh to nosed with. I never a id anything to Asp
eared about making • will. He took ell Moot me I
lamarly sled we wens aid very friendly. I took worm-
-4.36 sw the 3rd by eolioilor's advise. I Aid not the.
Irmo. the ernirenta of deeemere Peceesed gat kir;
'HMOs by adadag sows, add wok lac sad minas butler,
litanies bought bin butter and Molt it to BM=
sa orket. The boy ha mock we. sospasswl Ms
Phippoa, wits of Amos Phipps, et Howie-
abut* rid: I we led he • a of yens
via Essassi. I av=l4llllllllllllk ssaker
WWI ; be

was mush the sam• es anal. Idon't {blab be WM in hid
right mind. My father had the curs of him for shoot
Iwo or three yeare, about 27 years ago. I heard he
threatened to kill hi. fath. r and mother. He cod to
Ileb•re very cruel to them. I saw him wain • month
before bid death at his Louse sluing in his ebair In •
nas'y homily mem. I mded bins how Le was and be
said be was very ill and did not think he .hod be 507
better.—Crooi-eamikine.l: I did not know mach about
. . .

;TM —after his father's Jest I.
Joseph Yearyard, of listakchurch, the oiler &ten-
dant, said :I knew decomeel for Myelin.. I timid! have
been entitled to a portion of hi. property in the allege*
of & will. I was me of bin nearest ft laity... I always
considered be *as in a state of uneound mind, and was
• very dirty mao. I sew him about • fortniiht Wore
his death ; be seemed to be in • rasing state. and I think
if I had mopped there he would have made fight with
roe. I saw 2. alloy at deceased'. house 29th September,
he did not speak to me then. I was not at deceased's
foxier I. beat got to the house just alter it had left. De-
ceased lir.il in a very ditty state.—Crowiesainined
&alley said I was going to starve deceased to death.
He asked me why I did not prevent it, and I said I
onuld not interfere Itvat to Ur. Hayman to go and
me chi:teasel I believe if Bridle had been with me
saber I was there deemed would hare been used.
The probate of the will of the father of deceased was
put in and lead.
This was the Mee for defendants.
11r. Oundry then summed up defendant's mos, and
Mr. Logien replied on glre ehol• ease.
Hie honour summed up the midgess is a most able
and impartial man, or. He said with regard to Mr.
Hannan when he went to examine the deceased, h"
thought him of sound mind, but be was only with him
&beet n enarter of an boor, therefore had only a eery
limit, ii examination. and only asked common questions
which &Imola anybody could answer. It was ppesible if
he 6.4 asked a more difficult elms of questions the
regale might have been d fferent. Mr. ills, another
medical loan, had also e'en:lined deemed and thireght
him sound. Dirties.a wu so indimtion of insanity, but
• man was not necessarily insane bemuse be was dirty.
He didn't know if Mrs. Harwood had any interest in
the case, if not •be was a roost important witness, as
lobe had been brought into close contact with him, there-
fore bad • goo' opportunity for judging. and was well
able to *peak as to the deceased's ,tat, of mind, and she
mid she beard nothing about insaLity Sal just before
his death; but the case for the defendants is that he wail
always insane. He did nut think this idea of leavihe the
property to Zeaffey was any sodden thought, bet het
been running in deeemed's wised mime tie before, for
he talked to other people of doing so when Zesllet
absent, nos merely when he ism pee-rit. and Zealley did
not thrust himself upon bins, ouly went when be was
rent for. there did not therefore eNear to have been any
uodue priboure pet on about it. It was an important
fist that. though the defendants said he was of unsound
mind. yet deceased was able to naansgs his own affairs
with Ont getting into any trouble about them—nobody
assisted him. It might be that his affairs were not PM.
plicated, to were easy to manage. It was mid he had
.tealoge sr.'s, and no doubt be bad, and with referents-
to the elephant mains him in, be did not kn.w
whether he said it by way of joke or not ; it was OhlrioUdy
on rue, •aol !many people when they joked did it with •
very swims tam Many people had strange way. without
being considered insane. A certain noble lord, up to
the date of his manage thought front time m to tie be
was math. fend y• way-41mq hter). fle was married now,
and he did out know if be had thought so since (Oon.
tinned laughter), but he
insane. On the part of plaintiff many witnesses were
called, who were closely couneeted with Yearyard in
business, aid therefore able to judge of hi. ability to
manate his offjoi. On the part of the defeudants, Mr.

rocker, • highly respectable gentlemen, who entruUy
conscientiously thought the pl Ado t iff ou t ra. to havethe
wooly. came forward to give evict. Hr (tbe judge) did
aat think if the deleedantai gaiord their cans- there thiri
could claim the property ender deorased's father's will ;
he heli v. d it could go to the heir-at.law, but with that
they bad tiothine to do. With regeni to Vearvard's
'myna' to Yr. Tuber "let ON out," obis he ess cabal .•
pay ell oil, IL cos only enteral th.t b. log • ne ir mau
Who would go teo miles as it was mod for eel., that he
Avoid be snakes to get out and oi h to ovoid paving
elicit an amount as that Mr. &updates' hffering to lend
in money didn't look es if be thought hbo unsound.
There was important evidence that he was at one time
inwe but it was not conelesive that be was no when
the will was made, only of wane it readerid it more
probable. Mr. Tooker bad not scen Yearyard sines 1888,
so 000ld not what hi. state of mind was not year.
Mr. Tucker unt pl.intiff sakes' him to make the will,
which he deniel ; whether that wee • material ooint or
not was for thy' jury to decide. Mr. Tucker aet. d very
properly billeting as he did the man was bonne, in
deelining I. mhe the wilL Mr. Norris was • most
impeccable witness, eel it was only due to his. to my
that he really believed the man -ea of unsound mist
but there arm respeelable witnesses on the other side
who believed the contrary. Mr. Norris judged from
hi. conversation may but other witnesses jetLeal from
his ouovenetion sad his ace also, and he thought if
they were lustiest in tb• evidonce they gave, it was there-
fuss more important. Ho thought it a little inconsistent'
that Mr. Norris, If he believed him of uneound mind,
should 'elk to him about his prooetty and advise him to
raise money on it. It appeared Zsalley had been will-
ing at Bret to give op the will on hia d.td being paid,
but afterwerds being sorioted of improper conduct he
very naturally said as hi. °banister we. .seeded, be
would keep It not to give Ley roma by hia oosoluot in
. . . .

-
the matter for people to sappooe be lad ob'alowl it
unjustly. It was • pity it should have been done by
say one ma if not be thought be wonl.l have given It
up. Is conclusion, he said that ho hod goon carefully
through the evidence cad hod told them how it struck
him, and it was for Micro to my how it struck them.

The rgeppneibility rested eried tbrm 41d if anything he
had add appeared to lean to one ei.le or the other be
wished they would divest their minds of it. He then
sere the jury the wri.ten Ilene., which were: 14, Wo.
the will dull executed? 204, Was the tintetor.ol sound

whet, memory, and understanding ? 3rd. Did he know
cad approve of lb.. fOni•Ot. of the will? lith. Wu say
amiss inflames used to obtain it.
The jury retired to °nattier their verdict., and after
some little time returned into ceirt, end found in favour
.4 plaintiff on the first three issues. but on the fourth
thee decided that endue influence had been used, con.
piquantly the verdict went in (6110tif of d.landenta.
The jury wished that the expenses should he paid out of
the mama, or each pay their own mete
Mr Louie thought the jury did not know the effect
of their verdict, and wished the question pat to them
again, elhilth WU aocordingly done but they Mill gave
Lb. gime verdict. .

The judge ordered each side to pay their own costs,
which Mr. Oandry stroniily objected to thinking it •
great hardship en Ills clients who were poor men, as he
thought the costs should follo• the verdict.
The judge said the quaition of wets was for the spurt
to decide, and be thousitt the f•ireet mune was for
eirch side to pay their own costa if the verdict had been
that:4ller way he should have decided the same. The
jury had (mud undue influence bad been seed, he
thonitht it wee very sh.ky ininenee.
We have ranee beard that some of the jury In giving
their verdict invent it.. Mr Icegin said in favour of
the plain.iff sot the defendant It was quite evident
that the judge was in (slicer of the plaintiff.