The Daily Times.
Liverpool, Merseyside, England, 1860-06-30 00:00:00

A DUEL AT BERLIN.

A letter from Berlin, in the Constitationne/, has the
following :—" The general subject of conversation here
a a duel, which took place on the 20th, between the
young Count H. de Donnersmark and the brother of
a lady to whom he had been engaged. The count re-
ceived a ball in the body, and now lies dangerously ill
at Aix-la-Chapelle. The cause of the meeting is said
to be a marriage broken off between the lady whom the
count had known in Paris, and who had even accompanied
him into Silesia. A short time before the day fixed for the
union, the count received a letter containing disclosures
which induced him to give up the connection. The
parents of the lady sent for her brother from America.
This latter is said to have treated a medical man who
was on the ground with great brutality, because he
uttered an exclamation of grief and pity when he saw
the count fall. When the latter was struck, his pistol,
falling from his hand, went off, and was near wounding
one of the seconds."

EXTRAORDINARY WILL CASE.

THE VERDICT.

COURT OF PROBATE, JUNE 28.
Before Sir Cresswell Cresswell, and a Special Jury.)
SIMS v. TIVTCUINSON.
The plaintiff, as one of the next of kin of the late
Mrs. Arabella Watson, of 87, Blaokfriars-road, London,
prayed that probate of her will, dated the Bth of October,
1855, and of two codicils, dated the 3rd of March,
1859, and the 9th of September, 1859, which had been
granted to the defendant as executor, might be brought
into the registry and revoked. Others of the next of
kin were cited to see proceedings. The allegations in
opposition to the will and codicils were undue execution,
incapacity, and undue influence.
The case was opened by the defendant,
The deceased was horn in 1782. Her father, Mr.
Sims, held an appointment iu the Custom-house, and
also carried on the business of a Custom-house agent.
He became acquainted with Mr. Watson, who held an
inferior situation in the Customs,- and who went to
live with him as his assisstant. When Mr. Sims was
promoted to the office of collector of Customs, Mr.
Watson took the management of the age/4,y busine„,,
Mr. Watson had been married to, a half. sister of Miss
Sims, by whom he had 4:4 A daughter. Being left a
widower, in May, 1803, be married Miss Sims, and after-
wards bought a house, 87, Blackfriars-road, where he
continued to reside until his death. He was in good cir-
cumstances, had a country house at Sydenham, and kept
his carriage. In April, 1839, he was taken Tea ili, and
Mr. John Hutchinson, a surgeon and general prac-
titioner, who lived immediate) opposite his house, was
called in. From *t time Mr. Hutchinson was the
regular medical attendant of Mr. and Mrs. Watson, and
they both expressed great satisfaction with his attention
to them. In December, 1845, Mr. Watscin 44, at the
age of 80, and left all his prop...lly to, his wife. He had
been ill for about six weeks, and during the Last thirty-
six days cf his life. Mr. Hutchinson had slept in the
house, and remained in constant attendance upon him.
Mrs. Watson had been very much attached to her
husband, and she was much affected by his death.
She had a cast taken from the corpse, and a bust taken
from the cast, which was placed in a conspicuous
position in the drawing-room, wi,th the violins
and other musical initrumqnks belonging to, the de-
ceased hung near it. in 1.853. or 1854 she began to
give
,i'.,rties upon her birthday and upon, tb,e birthday of
Mr. lzkutehinson. On those occasiana about 30 people
were invited, including many of her nephews and nieces
and ether members of the family. A handsome supper
was provided, the health of Mrs. Watson was drunk,
and she made a speech acknowledging the compliment.
Copies of verses were also presented to her in which she
was extravagantly complimented. In her speeches sine
always alluded to Mr. Hutchinson in tacras of the
highest praise, and referred part;;A-iatly to. his, attention
to her late husband. At of psf the lf.,.st parties, is 1859,
she read thq fo,)),owipg pAppr to, the asaembled guests :--
"In urafr to make perfectly clear my intentions towards
hilt% .irohn gittchinson, as expressed in my last will, I 'wish to
note, down a few words in explanation of the motive which has
educed Tilt to regard that gentleman in the favourable monaer
I have thought proper to do. Mr. John ilutehliwia attended
through his last fatal illness say dear littsbaind with a devoted.
ness and assiduity most exemplary, For thirty-six days and
nights he never left his pat:ent, lout endured all the fatigue
t
incident t,:i saw; nrolongea attendance with cheerfulness, kind-
ness, and undividedattention. So much were his services
apprecilfled4lay his dear suffering patient that towards the elese
of his life, when nature was sinking exhausted, and tha voice
scarcely audible, he yet was able to give utteptnee to the fol-
lowing significant expression :---' My dear wife—a good son—.
take care of him.' To me that e.Nipression was a cominand, mai
I have felt it my duty to corny. out the intention and itaplied
wish of as kind, "tpnevaleni, and amiable a maya as ever existed,
who, I, mei, assured, had it pleased God to hare spared him,
would have bestowed some sAbstratittal mark of his apprahation
Aci)as esteem on his del-own medical attendant,
' " July 8,, 18455. "A. WATsoN.
" bsive been neither cold nor indolent in preparing to cli,,,
charge what I consider a sacred duty."

She also stated on more than one occe.k.**, t,hat, she
had made known -her intentiovy eq beuehtting Mr.
Hutchinson, in order ghat her relatives might not be
disappointed. 41.,e was in the, habit oX paying occa-
sional viskt,s: to Richmond, and all 9h® anniversary of
der htgband's death,,, 64 generally gave a dinner at
the Sts; and Garter to a few friends. She gave
several preheats to Mr. Hutchinson and his wife,
and also to some of her own relatives. She wr,s,
described as a woman of more than ordinary strength
of mind and decision of character, and remarkably
acute in the management of har, agaks. She had
good library, and spent A great pert of her time in
reading and mating eNtr,aets. foln, boas. A large
book was prod,uped, coutainibg critical remarks upon
• the, various authors, she had read, purporting to be
original, but bearing every appearance of being coin-
, pilations, if not copies. She occasionally amused herself
by telling fortunes with cards, and consulting Napoleon'.
Book of Fate and a dream book. She was atllieted, with
hernia, and Mr. Hutchinson attended her at least, twice in
every day, but in other respects she enjoyed good health.
She died on the 14th of Qptober last, having been con-
fined to her Led for several weeks, but her mental
faculties. remained unimpaired to the last moment. The
daughter of Mr. Watson by his first wife had married
a Mr. Tappen. She lived near the Watsons until Mr.
Watson's death„ and then removed to another part of
the town. Mrs. Watson was annoyed at her removal,
and they ceased to be intimate. Mrs. Watson had
several nephews and nieces besides the plaintiff amt his
sisters, and they visited her and occasionally received
presents from her up to the time, of, her death.
The plaintiff had lived at her b,ouse, for, some time a few
years ago, but she became. angry. with, him, far staying
out late at Flight, and for irregular habithi they quar-
relled at 4 hp, went away. She V4l also displeased for
differentreasons with saw the other members of her
family. She had tea groat number of wills, all of them
prepared by her solicitor, Mr. Harris, from instructions
both verbal and in writing. By a will of MC a legacy
of £5OO was given to Mr. Hutchinson ; this legacy was
gradually increased by subsequent wills and codicils
until the will of 1855 was made. By that will £3,Q0.(1
or £4,000 was distributed in legacies to tb,e various
nephews and nieces, and some of the. kiends, and ser-
vants of the deceased, and the residue was given to Mr.
Hutchinson. By the, f-4* codicil some of the legacies
were redueedr and other trifling alterations Now vAade,
and by thusecund, codicil the appckiAtwAt o.f Mr. Law-
rence, who had, been, named eitecutar. with Mr. Hutchin-
son, was revoked, e4l. W. Hutchinson was made sole
executor. Shp had £25,000 or £26,000 worth of pro-
perty, 4 which, under these testamentary papers, Mr.
Hutchinson takes £lB,OOO or £20,000.

The due execution was proved y Mr. Harris and the
attesting witness of the wilts and codicils. A great
mass of evidence, including that of Mr. Hutchinson, of
Dr. Barlow, and of other medical men who attended
Mrs. Watson at Richmond and in London during the
temporary absence of Mr. Hutchinsonf of the servants
who had lived with her, and of persons wixo 40, trans-
acted business with her, was given t?_prove the facts
above stated, and the perfect as4y.of the deceased,
At the close of the defendant's case,
Dr. Spinks, in the al,Sence of his leaders, said he was
autliorisA to, consent to a verdict for the defendant after
the strong evide-w which had been given in support of
the will,

Mr. M. Chambers said that Mr. Hutchinson bra libe-
rally agreed not to exact costs from tle 044.46.
His Lordship observed that, "ne quite agreed in the
opinion expressed by 9-4;:f of the witnesses, that there
was more dolt &bout the sanity of those who thought
they could overthrow the will than about that (.1 the
testatrix.

The verdict was accordingly eo'4rect, for the defendant
probate was orered to be dehvered out to him, and no
order was made as to costs.

MARRYING FOR MONEY. —TbAt &ills should not
marry for money we are all agreed. A lady who can,
sell herself for a title or an estate; for an income or, 1;1/4
set of family diamonds, treats herself as a farmer treats
his sheep and oxen--niakes hardly more of li.cself, of
her own inner self, in which are comprised a mind and
1a soul, than the poor. wretch of her own sex who earns
her bread in the lowest sioge of d.egradation.—Cornhill
Atagazi4 for I:dy.