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

[NOM r. BURR AND 811R6--TRZ BROM/TON ORATORY.

In this suit, the plaintiff, the Rev. Thomas Francis Knox,
propounded the will and codicil of the Her. Wiliam
Hutchinson, dammed. The defendants, Dr. Alfred Seise,
and Mrs. Sines, his wife, pleaded that the will was not ac-
cording to the requirententa of the statute, that the testator
was not of sound mind, sod that the executima of the will
was secured by the undue influence of the plaintiff and
others.

Mr. Kerslake. Q C., Mr. Coleridge, Q.C., and Mr. Inder-
wick, appeared for the plaintiff • and Dr. Deane, Q.C.,
Dr. Swabey, sod Mr. Foots, of the Chancery bar, for the
defendants.

The following witnesses were called for the plaintiff :
The Rev. George Fred. Ballard, one of the clergy of the
Oratory at Brompton, which be joined in 1850, said that in
that year he first made the acquaintance of Father Hut-
chinson, wbo was then a member of the order. He said
the library cost about 1,000/., which Father Hutchinson
paid. He was one of the attesting witnesses to the will of
the 24th 1860. The signature was that of Father
Hutchinson, and was signed in witness's presence. He did
not know what became of the will afterwards. He also wit-
nessed the signature to the colicil. On both occasions
Father Hutchison was io full possession of his rearming
powers,sod was so during the whole time witness knew him.
As one of the" deputies" Father Hutchinson was consulted
on the trinities■ of the Oratory. The Oratory was a society of
secular persons living in community. It was, he believed,
the only religious order in which no vows were taken by the
priesthood. There was no vow of poverty or obedience.
The members were entitled to withdraw at pimento. They
all contributed a small annual sum by way of commons.
Except in that respect, they had the entire control of their
own property. Any questions with regard to the common
property of the society was decided by a majority of the
votes of the members. The deputise of the order were sleeted
at triennial elections. The eocgregatico could dissolve them-
selves. The father wee also elected every three years.
Witness never influenced the testator in the dispo-
eition of his property, nor did he 'mow the contests of the
will whoa he witnessed the execution. _

Cronexammed—The will was executed at the Oratory.
at Bromptoo. Father Rowe, the other witness, and myself
were the only persona present except the decessed. Father
Hutchinson sent for me. I think I and Father Rowe went
into his room together. Father Notations 's band was
steady. (The will was handed to wines.) There is some-
thing like an ensure in the will, but it may have been pro-
ds**, by a thick pen. The colour of the ink is darker in
the deoened's moan» than in the signature of the
witnesses, but sot ounsiderably. It dues nut at all
follow that they were written in different ink.
The codicil was executed at St. Nary's, Sydenhun,
The testator asked me to witness it. Father Stanton was
present. The testator is the first instance asked me to
copy the codicil, ma there was a mistake in the one the
solicitor bad sent him, and I did so in another room. The
codicil executed is in my handwriting. Father Faber wos
not premiss at the execution, bat be was in the house. In
litss I noticed a considerable difference in the deceased's
health. Hie speech became partially affected at that
time. His mouth was partly drawn aside, bat his
walk was not affected. Afterwards his speech became
more affected. He left off preaching io 1655,
in consequence of the defect in his articulation
and his general ill health. His walk was not materially
affected until he returned from the East in ISM. There was
a kind of roll is his walk. He was not absolutely inarticulate
until his death, but he had a difficulty is pronouncing his
words. We dined together at the Oratory. He had also a
difficulty in swallowing. I noticed this in Itts6, and it in-
creased. He complained often of pains in the back of his
head. We enter into no engsgemeota when we enter the
Oratory. As long as you are in the house you have to at-
tend to certain regulations. There is only one set of regu-
lations. We do not sign them, but merely west to them.
There is no form of assenting to them. After admission there
is a religious ceremony, but quite different from that on
being admitted to holy orders. The service is in print.
It is read, and we take the part of COVICOO. We are bound
to pay the superior some sett 0 obedience, and he has to see
that thine appointed to offices in the congregation carry
them out. All questious of detail are ref to him. I
should not say that he possesses considerable influence over
the members. As a matter of foci Father Faber bad consi-
derable influence over the members, not as superior, but
from his own attributes. There is no mode of enfomiug this
obedience. The superior cannot direst penance or mortifies.
two. He has a moral power, which ieexercised through the
feeling of the commuoity that they ought not to disobey
what be commands. Father Hutchinson bad a great noes
of the duty of obedience to the superior. I never heard
him say that obedieoce was the great duty of members of
the Roman catholic church. I saw either Hutchinson lest
on the Saturday before his death. In 1860 his bodily M-
oen was very great. I don't think that extreme unction
was administered to him in that year. It would have been
the duty of the superior to have admioistered it.

lte mioed bj Mr. Coleiidge—Though Vetiver Hutchin-
son bad strong convictions on toe sui•ject of obedieoce, he
exercised an iodepeedeut opinion. Father Faber was a man
of coosiderable abilities and dietioctioo, remarkably plowing
is hi weepers, and very much beloved by those who k3ew
him in both religions. I have myself Teen in a convey-
anaer's office. Blotting-paper makes a difference in the ap-
peerame of iok. We signed lest, and if the blotting•paper
bad hew on oureignatoree, they would probably be rather
different is colour from the signature of the deceased.
Sir H. Holland maid, in 1/137 he met Mr. Hutchinson at
Mount Carmel, while travelling in the East, end wee with
him fair about 14 days. They travelled together, and foe
7 or a eye they were ebtissary at Jeconalim. With to-

gard to intelligence. Mr. Hutchinson me perfectly mom-
pelmet. The way oespigat for which he esepudted ►in rem
e s el the larynx. which affected hit voice, and ►edY
Dot observe say age of paralysis.
The Judge Ordinary mid he thought that evidence as to
the state of the &camera to 1867 wee isisoatwiaL

The further bearing of the awe wax thee adjourned.
COURT OF BANKRUPTCY.—Arse. 22.
(Before Mr. Oooimimioiser Holroyd.)
DI RI HOWARD WILLIAM 010,111. . .

The beak:llit ;ericieTrerib;dTo r;oruposer,publishor of
music, and contributor to a daily paper, of Adelaide-road.
Haverstook-bill. He now came before the court °wag
4141.. of which upwards of 2001. consisted of debts from
which ha bad been discharged under his former bankruptcy
in 1862, but which he had revived by renewing the bills of
the creditor,.

Mr. Sykes appeared for the *Maid aasignee ; and Mr.
au for the bankrupt.
rd H. R. Mayen., who stated that he was a bill broker
and money agent, wished to oppose the bankrupt in person.
He stated that he had discounted a bill for W. for Mr.
Levy, solicitor, which had been given him by the bankrupt.
He bad discounted the bill two days after it was drawn.
The bankrupt deposed that Mr. Levy bad acted as his
solicitor under his former bankruptcy. He had given him
renewele of bills due previous to that bankruptcy, of which
the bill discounted by Mr. Mayers was one. He bad not
raised that objection ohm the bill was presented for pay-
... ..

fiargood submitted that there wu no valid considera-
tion for the bill, it having been given for a debt do. from
Mr. Glover before his previous bankruptcy.
His Honour did not think that such. bill, especially in the
heeds of a book fide holder without notice, came within the
terms of the 184th section.
Mr. Mayers asked that the bankrupt should set aside
omathing out of his earainp towards payment of his debut.
He bad recently given two monster concerts" at Drury-
Lau Theatre.

The ivriir;Upt said that one of those concerts was Dot suc-
cessful, and the other yielded only a very small profit.
His Honour said the bankrupt moat give as account of his
receipts from those mom* and adjourned the cue for that