The Express.
London, England, 1864-04-23 00:00:00

NC?: QUE. 121.8 COCNSIL.

Mr. rohisson, of the parliamentary bar, having been ap.
pointed queen's counsel, was this morning called within the
bar.
to cotrequence of Mr. Justice Crompton being engaged
at 6uildhall, and Mr. Justice Blackburu and Mr. Justice
Mellor is the Court for the cousideratiou of Crown aims
reren-ed. Mr. Justice fibre bad to go to Chambers. The
court had to adjourn about midday.

COURT OF EXCHEQUER.
(Sittings in Banco.)
Rzroo■ Martin and Bramwell ant this morning, bat no
bipeness being ready to proceed with theyshostly afterwards
hillourned the mut.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
NEW tlUar7i v COOll6ll.
Mr. T. Johnson sod Mr. Field, who have been reload to
the dignity of Queen's counsel, were this morning invited
to take their mots within the bar.

irsoit T. num
This case was rammed this malaise, when
The Rev. G. William was called for the plaintiff. He
said—ln 1858, I was engaged in prepselog a work on the
East ; and I bad a correspoodenos with the testator (the
Rev. W. Hutchison) which I produce. ►Five letters were
accordingly put in). I afterwards had an interview with him
in .lac. or Feb.. 1839. !saw him at the Oratory. I found his
mind perfectly clear and intelligent. He appeared to be of
perfectly sound mind. (The witness was not cross-
examined.) _ _

In answer to the Judge.
lir. Deane, Q.C. (for the defeudantel. stated that his ease
would be that from 1833 the mind oftthe deceased began to
chow symptoms of that state is which it would be con-
tended he was it, 1860, the time when the will Led codicil
were executed, and when it would be shown that he was
suffering from paralysis.
The witness was then recalled by his lordship, and stated
that he bad sees so symptom either of Washy or paralysis
in the testator,

Sir James F , met the testator in 1858 in
the desert, and travelled with him for about a month.
I spent the greater part of every day with him. mid had a
great deal of conversation with him on every kind of topic.
lie was then of perfectly sound mind. In April. 1861, I
called on him at the Oratory and spent about tea minutes
with Dim. He appeared then to be in a state of extreme
weakness' whereas in the East be seemed to be as vigorous
as I had been myself. It did not occur to roe that bis mind
was affected in the slightest degree. He seemed to take
great pleasure in hearing me talk of our travels.
Prow-examined—He spoke very little. I saw that be
was weak, and I begged him not to speak much • but such
answers as he made were perfectly connected. I did
not observe that his mouth was at all drawn, or that he had
any difficulty in forming his words. In the East
he walked fast and strongly; and he went up all the moon•
ta:ns with me. His voice was husky, like that of a man that
had lost his voice from cold, but that was all. He told me
that he had suffered much from exhaustion io London from
his hard work, and that he had been ordered to travel for a
year or two.

lie-examtne4 —He told me that he was knocked up with
his mission work. He said that be confessed hundreds of
people no a Saturday.
Br the Jadge—He seemed eery earnest, but be did not
seem to bean enthusiast. He appeared tab* like any other
zealous clergyman ; and he told me that he had merged both
and his money in his work.
lir. Andrew White Barclay-1 first saw the demand in
March. Ixekt in consultation with Mr. Teggart. He bad
then paralysis of one side of the tongue, which wee in con-
sw.lueoce smaller than the other. That was of some stand-
ing. He also suffered from hoarseness and a alight
ilitlizulty in swallowing. He was very weak, and lay
does a great part of the day ; but I made him
wa!a across the room, and there was so halting
in his gait. He had bees sahib, iodine and corrosive sub-
limate, which I approved of, and I only ordered a stomachic
l'eder. I thought his paralysis arose from prefigure upon
the organ of the nerves of the torgue. Itdid not, however,
io the least affect his reasoning powers. I saw him again
in AIM!. and his general health seemed somewhat
Prnrid. He had hems out of town. On that oocssion also, his
mind we. perfectly sound. I did not see him again till May,
There wan greater general weakness, and his state con-
Ermed my opinion that there was a tumour at the base of
tie I.min, which affected the whole spinal system. His
mind thee was not so vigorous, but be was perfectly
rAti,u,l. and I should say perfectly competent to make a

trovoesar.ieed—The smaller side of the tongue had
vra.tel coosiderahly. I should have thought that Sir H.
would have observed the paralysis if it had existed
• Henry saw him. The tooth pair of nerves, which
were affected, do not came from that part of the
lemon which is believed by SOlti0011ilii• to be connected
with the mind. The modifieo of the deceased was perfectly
dico..t from what is called the paralysis of the insane ;
that paralysis
a...1e of the Wilgus The testator's difficult) of
,w.rowing was a local affection. and did not
an.. from paralysis. I made bins walk in order to see
'too her there was any "paraplegia" or " beeniplegia." There
• 1..•• hiog whatever peculiar in Lie gait. He did not
• when 1 maw him in 1563. He was too feeble. I think
progress of the disease did affect the brain, but not
it only rendered it leas vigorous and acute. There
v... no exaltatioo of ideas in the testator that I observed
Or could make oat. I conversed with him about
the history of his oompLiet. his travels, and
on. He did not refer to the Oratory, but be
tr ,oiie of Dr. Faber as his friend. I saw him
• in January. I told Dr. Faber that I thought it ex
unlikely that be would recover; but I should thick
L, did not receive extreme unction. He was exceedingly
a person that should have that rite administered to
L • . for Le was up and dressed, and walking about.
i:...ssinined—l saw Dr. Faber professionally. He also
✓ :11. and Mr. Teggart and I prescribed for him. For
time the testator had a setae in the back of his neck
t'. P-due.• the tumour which we considered existed at the
l..de of the brain.
I 'r. Wm. Bell—l em a hornier's:ethic practitineer. I
alt,nde.l the testator in May, 1563. I law him twice a
for some weeks. He suffered from a great loss of
Power in the voluntary muscles, as high up as the tongue.
I immedtately saw that his diseue was confined to the bass
of the brain. I could not see that it in the least affected
ttotd. I discussed nothing with him except his etas.
Br the Judge—The disease was local, and was aot of a
rhancter to •ff set the mind.

roereramined —I could not detect soy symptoms effect•
'DK the nerves higher then the eighth pair of nerves. Should
..y the complaint was gradual induration of the beep a the
i.rain. That complaint rarsh but it (sportily de-
, ends along the opine, a. it did is hie ease.
he evidence of Yr. Teggart, taken.br s come:imams, vas
tt...n read.

Mr. FAvrarti Tennert, jun., partner with his corwin, wises'
C,epositiun bad just been read, deposed—l skated Mr.