The Press.
London, England, 1858-07-31 00:00:00

THE PRESS, JULY 31, 1858.

Mrs. Swinfen." On one occasion 1 asked him what he
meant to give her. He said, " i mean to give her
Swinton." I said, " For life, I suppose ?" He answered,
" I shall give her Swinton." I was with him alone at that
time. About the 28th of June Mr. Simpson told me he
bad bad a letter from London which he wished me to see,
and that a second certificate was required respecting Mr.
Swifen's imbecility. i told him I could not give him such
a certificate; I could not certify his imbecility. Mr.
Simpson then said, "Then another medical man must be
called in." I told him I did not think it ne3essary. The
next day, the 29th of June, the testator told me to send for
Mr. Simpson to make his will. I told Mr. Simpson the
same dav, and he said he would see him. Mr. Simpson
suggested that a medical man should be sent for, and I
suggested Dr. Evans. I have always called in Dr. Evans
as • consulting physician. It was mentioned to Mr.
Charles Swinfen, and he assented. I requested Dr. Evans
to come on the 2nd of July ; I think it was by telegram.
I did not communicate the object. 1/r. Evans attended the
son in his last illness, thirty six hours before his death.
On the 2nd of July 1 met Dr. Evans at the railway station
at Lichfield, and took him direct to Swinfen-hall and into
the room. Mrs. Taylor was there. It was about four
o'clock. He was in bell. Dr. Evans spoke first, and said,
" I undentand you wish to make your will, sir." I don't
think he replied at all. His face was turned in the oppo-
site direction. Dr. Evans repeated the question, and spoke
very loud. There was no answer. I arid, " You wish to
provide for Mrs. Swinfen?" and he made no reply. Dr.
Evans then turned to me anti said, " No, you must not put
the question like that." After that I returned to the
window. If anything more took place between Dr. Evans
and the testator I did nut hear it. Dr. Evans then walked
to me and said, " I can make nothing of the old gentleman
to-day ;he must be seen again. It is not an imbecile case."
I left the room, and went straight home. 1 feel pretty coo-
fident I had no conversation with the family that day.
The interview did not last more than five minutes. I com-
municated the result to Mr. Simpson on the following
morning. I told him Dr. Evans agreed with me it was
not an imbecile case, and that he (the testator) must be
seen again. I telegraphed to Dr. Evans on the 4th of July,
early in the morning ; and he came about eleven o'clock.
I met hint at the station, and took him to Mr. Simpson's
office. I remember that in the car he brought fortb a book
from his pocket, and read a portion. It was an octavo
volume, with directions fur making a will. He read it to
me on the way. I left him with Mr. Simpson for some
minutes, anti then went will, him in the fly to Swinton, and
saw the testator. Only Mrs. Taylor was in the room. Dr.
Evans spoke to him several times about the matter of his
will. I went to the window. I had been rebuffed before.
Dr. Evans was time about ten minutes, and L>r. Evans
said, " The making of the will must be postponed." I
then took the lead into the drawing-room, and introduced
Dr. Evans to the family. He talked with them five or ten
minutes. I remained after Dr. Evans left, and Mr.
Simpson walked home with me. On the sth of July I
received a note from Mrs. Charles Swinfen to bring up Mr.
Simpson, as Mr. Swinfen wished to make his will. I went
to Mr. Simpson and told him to go. I also went to
Swinfen, and saw Mrs. Taylor and Mr. Simpson in the
testator's room. It was eleven or twelve o'clock. Mr.
Simpson told me he did not find Mr. Swinfen in a humour
to communicate with me. That was after 1 left the room.
Mr. Simpson requested me to go with him on the 7th. I
walked with him, and arrived between eleven and twelve
o'clock in the room. Mr. Simpson went in first and I
joined him. No one else was there. The will was then
read by Mr. Simpson to Mr. Swinfen, and Mr. Simpson
asked, " Is this what you mean, sir ?" and lie said dis-
tinctly, " Yec." Mr. Simpson read it very distinctly. I
joked him, and said, " Have von left me anything, sir? "
and he said, " No." I said, " Not a ring ?" and he said,
" No." I soon after, at Mr. Simpson's request, fetched up
Mr. Charles Swinfen. The testator inquired how he was,
and he ( Mr. Charles Swinfen) eat by his side. Mt.
Simpson said, " This is your will, sir ; this is the will that
has been made at your request ?" and he said, Yes." We
proceeded to sign and attest the will. There was great
difficulty. He took one pen and then threw it aside. Mr.
Simpson then gave him a at •el pen, and he signed it. I
can't tell which of the words " Swinfen " he signed first.
The testator was asked to sign a duplicate, but Mt.
Simpson said, " I will sign it for you." Mr. Simpson then
signed it. and we attested it We then went away. The
testator's health on the 7th was very good. He made no
complaint. His manner was very composed and very quiet.
Dr. Evans never told me that the testator did not know that
his son was dead, and I did not tell Mr. Simpson so.
Cross examined by Mr. Hunni.csroir : I kept • licensed
house fur lunatics. I gave L. up ten or twelve or fourteen
years ago. My licence was not taken away. I had forty-
five patients at the time I gave it up. Mr. Swinten's ill-
ness had not interfered with his m. ntal capacity till two
days before his death. He was exceedingly stupid and
heavy then; his mind was gone. Mr. Simpson told me
the letter which he spoke of came from his agent in Lon-
don. 1 would not give a certificate. I suggested that the
second gentleman should be Dr. Evans. That was to test
whether the testator was capable of making a will. I never
beard till the 28th of June that there was to be a coin-
mission. On the 2nd of July I told Dr. Evans he was
going to see Mr. Swinfen. I can't say whether or not I
told him it was to see whether he was able to make a will.
The first thing Dr. Evans said to him was, " I understand
you want. to make your will." On the 4th of July I went
home with Mr. Simpson. I did not tell him Dr. Evans
and I could not certify that Mr. Swinfen was of unsound
mind, and incapable of managing his affairs. I walked
home with Mr. Simpson on the sth. I did not in that
walk understand f M from
in r. Simpson that he did not con-
sider the testator a fit state of mind to give iostructions
for a will. (The witness was then shown a deposition
which he had made in the Prerogative Court.) He (Simp-
son) said the testator was not in a quiet, calm state of
mind. He said he was not in a fit "humour." He (Situp-