The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-07-30 00:00:00

THUB.SDLY.

The Court opened et 10 o'clock. The first witness
veiled WM

ale Napier--1 am a servant at Mr. Dunning's
at piddletrentbide. I went into Mr. Bragg's service ia
December, 1858, and remained with him till he died.
I should say he was than 76. His sister Ann lived
with him. I knew Sarah Antell and her daughter.
They lived next door to Mr. Bran. When I went
there they did not come in very frequently. I re-
member the death of Ave, sleets year alter I entered
Mr. Bragg's service. Alter that I saw more of the
Ante They were in every day. Mr. Bragg was
very weak in the head. His memory was bad, and he
sometimes talked about things in the night. He
got worse as he got older, and amid to talk
about things that did not concern him, and
did not seem to know sometimes what he was
saying. The Anterts came in sad took passosniow of

the things, iind acted as housekeepers. They managed
everything for Mr. Bragg He said he had given up
everything to Miss Antell to do as she pleased with.
Mr. Hang ordered me out of the house one Sunday
morning, and Miss Antell said I must take no notice of
it. Miss Antell said "lie is childish ; don't take any
notice of it." He sometimes ordered the man servant,
Hay, out of the house. Mr. Spurr GMe and saw Mr.
Bragg one day in 1859, and was with him half an hour.
He afterwards asked we who the man was, and I told
him. He said be bad quite forgotten who it was.
About MiJiniumer, 1889, he told me ho was going to
Dorchester to make his will to share his property be•
SWOOII his nephew and daughter. He said his daughter
was going to be married, and have the property at
Fiddietrenthide. He said Frederick was to have the
houses at Cern° and Sherbome and £lOO a year, which
would be about half his property. He afterwards said
be had been to Dorchester and made his will, leaving
his property equally divided between his daughter and
nephew. He repeated these statements frequently, up
to within three months of his death. I remember Mr.
'Mrs marrying Miss Bennett. When they returned
home, Mr. Bran sent his carriage for them, but he said
he should go to bed about nine, and should uot wait for
them. In February, 1859. he said he should give Tibbs
the horse. Mrs Antell said to him "Do not let him
have the horse; let him walk, as you used to do." He
let Tibba use it several times, and then took it away.
He said Tibbs kept it out late, and Mrs. Antell did not
approve of it. Mrs. Ano.•11 had before talked to him
about the horse. lie eui.,c.isontly gave the lionie to
Miss Antoll. Ile told Ise '''rlss gettiii4 II sn
ieli, an I wiitheil humid( dead ; it was time fur him or
his sister to die out of the way, and added, if there
were a rope in the room he would bang himself. He
was very hasty at times, and talked about making
, away with himself. In 1858 Mr. Bragg came out of
Antall's house and said Tibbe' shop should not be
opened. Miss Bragg insistei on having it opened. Mr.
Bragg once told we to take half a sovereign out of his
pocket, and said I might have it, for if I did not, Miss
Antell would. I heard Mr. Bragg say to Tibbs... servant
twice' You little devil, I will kill you." The girl erred
out "murder." He was in a !Feat rage. Miss Anton
wrote a letter by Mr. Bran's directions, requesting Mr.
Foot to come and take an inventory of the goods. She
told me Mr. Bragg had given them to her, and if she
had not a list of them Mr. Tibbs might take them away.
Mr. Bragg hada hayrick, and horse and trap. He said
he should give Tibbs the horse and trap, and half the
rick. He said he wanted to keep some hay in the stable
for the use of Mr. Oundry's horse when he came. Mrs.
Antell would sometimes shake her 84 at Mr. Bran
and say "Do as I wish you." • Sometimes he did, and
sometimes he did not. I remember Mr. Biles calling on
Mr. Bragg, and Mrs. Antall told me Mr. Bragg was
, very poorly, and had better not let Mr. Biles see him.
' Mr. Brag was poorly that day, and in bed. In October
1880, Miss Davis carried some rent to Mrs. Tibbs. Mr.
Title carried it to Mr. Bragg' and the latter said when
he wanted it he would send for it. Mrs. Antell was
annoyed at this, and told him the money was wanted for
the use of the house. Mrs. Antell once told me not to
say anything about the old man's childishness, as they
did riot want any one to know anything about it.
Cross-examined—Mr. Bragg told INbbe he bad heard he
meant to dispute the will, and Tibbs said, "I wish,
uncle, I may be struck dead if I ever had such an inten-
tion.. ' I have told Mr. Gundry that Mr. Bragg was
always sensible and collected in his money affairs. Mr.
I Bragg was annoyed with Sarah Critchell, 'Tibb's servant,
became she kept sweeping before him, and would not
let him pass. Mrs. TibW took her servant's part. When
Mr. Marley called on ma, I said Kr. Bragg was a very
obstinate man, and no one could turn him when in a
passion. I never said Mrs. Olinda crossed him.
I said she was very kind to him, and done all he wanted
her to do. On sei.eral occasions when Mrs. Antell
crossed him, he sail " Who is master, you or II" Mrs.
Tibbs had a hot teo‘per, and if Mr. Bragg annoyed her,
she answered him. I never said to James Paine he had
on the 19th January last offered me £6 to hold his way.
I never spoke to Pais,' on the subject. I was subpoenaed
by both parties in ti. ease.
Sarah Amy, wife of George Amy, tailor, Cerne, said:
In 1854,Kr. Bregg's -,ter Mary died, and as be stood by
the bedside, he told iillf "I'll
and all I have is his.' He was afterwards ill • long
thus, and after that l appeared all deranged at times,
and one night went up singing" Barney let the girls
alone," and knocked ti floor with a poker to make her
get up. She consider ,1 he had never been right in his
mind eine, that time. Had considered hint deranged

ever since that time.
Nits Hardy lived iu Mr. Braa's service for three
years, up to 1848. Ti,o old gentleman often appeared
deranged, especially to yards the end of her servitude.
She knew the Antell's. They were often in the shop and
sometimes in the parlour. He always seemed to do as
they wished him. 800, Aimee they coaxed, and sonie•
times spoke shuply. ithe day Mr. Tibbe offended Mrs.
Anted, and the told I, in he had as much a 4 he de-
served. His simer An used to tell him he was ruining
both body and soul by going into the Antell's, and he
said he should go where he liked, and should not ask
her. He said he could not help going in there, for they
were devils, and he could not keep from them. One
morning after he had beim to the Antall'', the asked
him what he would have for breakfast, and be said
nothing of her getting, and the told him she had better
leave then, and he said he intended 'be should. She
went the same afternoon.—Cross-exemined—Mr. Bragg
had often complained about Tibbs being oat so late, and
told her she should not sit up for him. She did, never-
theless.
George Perkins said he knew the late Mr. Bragg. Sew
him in the summer of 18193, near the Antelope, and
asked him if he Gould give Tibbs en order. Witness
said he could not, and he said "1 wish you could, be is
a deserving yosteg man." Witness said "wal t, don't
see that he wants much work. I suppose he'll have his
fortune, and his brother's too," and Bragg replied "I
mice he will."
George Durden, • farmer at Gochnenstone, knew Mr.
Bragg from the time he was born till he was 40 years
of ap. Was now 51 years old. He borrowed some
money of him and on the 23rd March lest, paid him
off the last instalment at Mr. 13ennett's, and when they
left be remarked to Mr, Bennett how childish the old
man was. When he laid the cheque on the table, he
told him that was the remainder on the note of hand
He went away for some time, and on his returning, sine
he was budding at Wemouth, and Mr. Spurr would hr
there to morrow and pay him. Witness asked him fo
the note of hand, and he said he could not find it
Witness then asked for • receipt, but went away with-
out it, as he continued to talk of matters quite foreign
to the subject. He appeared quite childish, and wholly
unlit to transact his business. The £3O he paid was,
he perceived, entered in Bugg's pees book in pencil.
Frederick Beunett, farmer, at Dorchester, said, Ibises
known him 20 years. His nephew, Mr. Tibbs, married
my daughter. The ourriegetook place with his approval.
On their return from their wedding tour, Mr. Bragg
sent his carriage for the newly-mimed couple. They
got there between eight end nine o'clock, and found Mr.
Bragg had gone to bed. I knew they were to live in Mr
Brea' house—be said he had given it to them on the
23rd January. I was at • gale with Durden, and on
going home went to Mr. Bregg's house. He talked in
very rambling manner. On the 25th March Mr. Bragg
came to my bongoes Dorchester. While there he took
• map out of his pocket, and said "Here is • nice little
property. lam going to buy it, and put itwith the other
itde property at Piddletreethide for Frederick. On the
13th April Mr. Bragg, Miss Antall, and any daughter
came to my house. My wife was present. After dinner
the ladies left the room. Mr. Bragg and I were having
• glass of grog together, and he again took the same
snap from his pocket, and put it in again three or four
times following, repeating the same words stick time
respecting his giving Fred the property. Diking the
dee, in his absence, I remarked to Miss Antell,, I don't
think the old gentleman is exactly right. She replied
"he has not been so for some tium." I said " You had
better not let him go about alone," and she replied,
"We don't mean to."—Cross-examined—This was after
dinner, and the old gentlemen had had • glass of grog.
He might also have had ale for dinner. Witness might
himself sometimes have said the same thing twice over,
after drinking • few glasses of grog.
James Biles, jun., I am a carpenter living at Cense, I
left home for two or three years for America, and o4my
return in December, 1884, it was sometime before
Mr. 'Bragg recollected me, when I called on him ; and
when I told him wh I was, he said, " h it
possible ?" He seemed to ramble • good deal in his
conversation. I used to see him, perhaps, ones
• week, and in 1858-9 I uw • greater difference in
him. In the early pert of March, 1859, Mis. Antell
directed me to speak to the old gentleman about his
property. 1 saw him, and was with him two hours. I
said to him, "If I were you, Bran, I would divide my
property between the two—Tibias and Miss Aetell."
After some minutes he said, "John. you are right, and
I'll consider of it." His memory often seemed lost, and
wandered very much, and said there was no peace with
the women.—Crose-examined —Was a good deal better
looking when he acme beck from Almeria" than when
he went sway, (Laughter.) Did'nt think, however,
that he had grown so handsome as to have entirely
altered his appearance. It did`nt occur to him that he
bored the old man • good deal about his American ad-
ventures. Had no particular object in lecturing him
about the disposition of his property, beside what Mrs.
Antell asked him. He celled them his two children,
and spoke in the same solemn tone he had done
that day. Of course when he went in to talk to him
about making his will, he thought him capable of
making • will. They had a glass or two of grog together.
John Biles, senior, • builder at Cerne, and deputy
steward to Lord Rivers last year—said his heard Tibbs
say "Uncle, Mr. Hervey is came over about the houses"
and Mr. Brag', " Yea, yes, I'll pay for it all." This
was in Mr. g bedroom. In the afternoon he west
over again for t quit rent., and saw Miss Anted., who
complained of his going into the bedroom in the morn.
log. He was old and diskey like all old people, but he
lune nothing about his mind.
Williem Cole, surgeon, said, lam one of the plain-
tiff's in this muse. I was the medical attendant of Kr.
Bragg the lest Iva years of his life. I saw him from time
to time, and latterly he was • different men from what
he had been. In February end March, 1869, he was
not el unsound mind in the common uceptetion of the
term but he did not poetess that vigour of mind be
formerly had done. I should say he was whet might be
celled "childish" from sp. One might opec,a waver-
Genoa with him, but not keep it up eiontinuously. He
had an eruption of the skin, and it was impossible to
e him animideula were not tannin on his bask.
When bilked about business be would weeder into
anecdote, but would give a direct answer. He was in
such • date of mind as to be subject to influence. If •
person were much with him, that person might influence
him. I would not permit him to do business for me.
Biudnees would do more with him than harshness.—
Cross-examined—l have made an affidavit as executor
that the deceased was of sound mind, and that I would
faithfully carryout this his lest will and testementi
Frederick Midis said the late Mr. was
his uncle. He told ate before 1855 be roalZ give
me the property at 13herborne and Piddletreuthide,
and also the shop. At that tune my two aunts
lived with us, and the Anted' lived in another
strut. In 1858 I married Miss Bennett, with my
uncle's consent. Before it was arranged I
should have • certain portion of the house. Mr.
Bragg was very kind to my wife for three months after
my marriage, but after that his conduct towards her
changed. The Antells then lived next door. He, my
uncle, used to lend me the bone end Gerrie'', bet he
afterwards told me be bad given away die carriage sod
borse, and he could not have. After this my uncle told
me I might have the horse spin, sod after I had it a
weaker so, he end I gould not have it. /his Antell
then had it, and slier ay soeles death took it mg
entirely. 1 reoteestisr at me Um Mr. Brea anis

on mo to pay 81 a week rent, or to pay no,„ mid
taxes. At ins time I went into his bedroom when Mrs,
Antell was there: He said I should like to Mayo,
atelier. I saw him next slay. He was always kind to me.
The dock-in-trade was worth £l5O. I neither had duties*
debts nor any money. Crossusamincd. —1 Dever said
during my uncle's life that I would dispute his win. /
did not now anything about his win.i Day ban
complained to Mr. Andrews in January, 1880, that Mz.
Bragg was going to all eons* of the house hi dad left
zue to his will.
John Marley, managing stark to Messrs. Andrews and
Cooks:rani : I took the depositions of Elisabeth Napier.
fibe told me that Mr. Bragg was of inch an obstinate dim.
position that even Miss Antell could not control kin.
I know she never influenced him, and never tried. r
' know she always let him have his own way. About
the time of Mr. Clundry's marriage Mr. Tibbs said his
uncle was giving all his property away, and doing.,
much as he could against him. Mr. Cockerels said,
" Don't you believe it.
James Payne : I live at Piddletrenthide. I otos
worked for Mr. Onadry. On tie 11th January Elisabeth
Napier said Mr. Guadry had offered her £5 for holding
his side, and said it would be • bad job for Gundry,
I mentioned it to master the same night when I got
back. I also told my wife of it.
Mr. Sergeant Kinglake then replied on the part of the
defendant, the drift of his argainent being that altho.
the testator was not imam he was not • hue agent. No
doubt that were he left ales, he would have peeped,
managed his affairs, but that, anfortanstely, he lad get
within the coils of tho two w use—Mrs. Antell and bac
daughter, and they found, from the evidence that they
gradually worked upon him (rein 1855 till ti time a
his death—getting more sad mere, till they had got all
bis property, with the exception of some our or eve
paltry Louses.
Mr. Collier in reply to the esse said it surely was un.
Deanery for him to occupy any Nee in replying to this
undefended case —undefended, inasmuch as his learned
friend had made no defence whatever in this action.
He had talked for • long time, and he asked the jury
if they could tell what he had bee* talking shoat?
He could not. His learned Mend had said her
and over again that the testator was sane In the
ordinary acceptation of the term, and that was what be,
Mr. Collier, said. He did not say, nor did he want the
jury to suppose that hi was sane is an extraordinary
sense. He edid not mean be was a man of great
ability, of great vigour,—that be was infallible, but
what he did-mesa, and what had been shown through.
out this long case, that be was capable and he did
manage his own affairs, and that the defendant himself,
six niontiss after this will was made believed him sans,
WM proved by the fact that he himself got him to
assign to him the house and shop in whieh he lived.
He then reviewed the evidence at length, and in
conclusion expressed his firm belief that the jury
would find for the plaintiff.
The learned Judge then suransod up very 78inumwmaitel
and at great length, sod the jury inunedlaWy
• verdict for the plaintiffs.

The Come roe, it 8 °Week.