The Express.
London, England, 1867-08-06 00:00:00

a year, or at 48 with an income of 4001., will '
still be in the prime of life, and will often And
civil employment more profitable than remaining
in the army would have been. In the service of
many of our great joint-stock companies, in the
command of the police force of our counties or
i principal towns—wherever, in short, a power of
organisation and habits of command are essential,
there will be found numerous openings for the
well-educated Artillery or Engineer officer. But
the addition of the power of commuting a
pension fur its value will, while it costs
the country nothing, be often of the highest im-
portance t., the retiring officer. It will give him
command a capital of from 3,0001. to 6,0001.,
fairly earned by his industry, and now available to
launch him in some more profitable enterprise.
Between these two inducements there seems every
probability that a sufficient flow out of the service
will be steadily maintained, to keep up a satisfac-
tory Row of promotion within it. Of course this
will cost the country something, and the Com-
mittee do not offer us any estimate of how much.
But it is quite clear that the country must submit
to pay what will be necessary in order to make the
services attractive to men of ability, and its con-
cern is only to adjust the system so that the
smallest amount shall by a sound system be made
to go furthest. The Committee have, we think,
hit upon the sound system ; the actual cost of its
inevitable working remains to be discovered by
experience.

Efte egurt.

OSBOItNE, Auaus? 5.

The Queen, accompanied by Princess Louise and
the Princess of Leiningen, walked in the grounds this
morning. Prince Arthur, Prince Leopold, and Princess
Beatrice also went out.

The Prince of Lainingen has arrived at Osborne on
visit to her Majesty.
The Bari of Malmeabury has left for London.
The Queen has honoured Mr. Joseph Wyon with sittings
for a portrait for a medal.

The Prince of Wales presided yesterday at a meeting of
the Council of his Royal Highness, held at jhe office of the
Duchy of Cornwall, Buckingham-gate, St. James's-park.
There were present Lord Portman, Lord Warden of the
Stannaries ; Sir William John Alexander, Attorney-
General ; General Sir William Thomas Knollys, Comp-
troller of the Household of his Royal Highness ;
Herbert William Fisher, Req., Keeper of the Privy Seal ;
and the Earl of Leicester. Mr. Bateman, the secretary,
attended as Clerk of the CouneiL

The Prince of Wales received his Excellency the Austrian
Ambassador at Marlborough-house yesterday, who pre-
sented to his Royal Highness the insignia of the Order of
St. Stephen, together with an autograph letter from his
Imperial Majesty the Emperor of Austria.
The Prince of Wales went to the House of Lords in the
afternoon.

The Prince of Wales, accompanied by the Earl
of Leicester, Captain Ellie, and Mr. Odo Russell, honoured
the Strand Theatre with his presence last evening.
The Princess Alice of England and her husband,
Prince Louis of Hesse, with their children and the Princes
Arthur and Leopold, arrived two days back at Antwerp on
board the Royal yacht Victoria and Albert, and left for
Germany on the following morning.
The Duke of Cambridge, Field Marshal Com-
manding-in-Chief, paid a visit to Aldershot yesterday, and
reviewed the whole of the troops forming the division at
that station.

The Queen of Wu Lemberg has arrived at Ostend
for the purpose of sea bathing.

The Duke and Duchess of Aosta, during their
short stay at Lucern, made the ascent of the Righi, in the
hotel on the summit of which they passed the night, in
order to witness the magnificent sight of sunrise from the
spot, one of the great attractions of the locality.

Prince Metternich will be the only diplomatist
who will be present at Salzburg at the interview of the
Emperor and Empress of the French with the Emperor of
Austria.

PRUSSIA.

On Sunday, the Emperor received at the Tuileries
Charles XV., King of Sweden and Norway, who arrived
the day before in Paris. His Majesty travels under the
name of Bceekaskog.

Sir Moses Montefiore, Batt, had the honour of
an audience on Sunday with the Emperor at the Tuileries.

The Emperor and Empress were present on
Friday evening at the representation of the American
Cousin, with Mr. Sothern an Lord Dundreary.

The Palace of Tervueren, where the Empress
Charlotte is at present residing, belongs to the Belgian
State-domain, and was placed by a law at the disposal of
the royal family. Before the revolution of 1830 it was
occupied a part of the year by the Princes of the House of
Orange, and has been preserved in the same state. The
furniture has not been changed, and visitors are still shown
the splendid ball room and the apartments of the family of
Holland. The palace is by no means of considerable ex-
tent, and appears to have been originally built as a shoot-
ing lodge, being surrounded with an immense park, en-
closed within walls, and well stocked with game.
M. Thdophile Gauthier, who obtained a con-
siderable minority at the last election for a seat in the
French Academy, is at present a candidate for the fauteuil
vacant by the death of M. Ponsard.

AMERICA.

The Gazette de France publishes a letter from
Mgr. Dapanloup, Bishop of Orleans, concerning the pro-
jects of Garibaldi against Rome. The eminent prelate
manifests a certain uneasiness, which he developes at some
length.

Abd-el-Kader and his two sons, who have re-
cently arrived in Paris, paid • visit on Friday to the
Universal Exhibition.

The Maharajah of Gwalior, better known as
Scindia, has just been marrying his her, and splendid have
been the festivities. His highness has issued his Gazette,
with a description of the splendour, in red ink. The ac-
count closes with the statement that thousands of rupees
were distributed among the needy and distressed. " This
is true," lays a Calcutta correspondent, "but the rupees
will be repaid by the native method of finance, which will
leave the G wailer treasury with a surplus Mr. Massey clan.
not create, although he clauses such irritation by the
license tax. Every landholder, trader, and banker will be
squeezed, and every official will be reduced half his
month's pay, to meet the marriage expenses ; and no one
dare grumble, as we guarantee our feudatories against the
revolutionary consequences of their acts."

The following advertisement appears almost
daily in the Anglo-French Messenger, and a reply—post
paid—is requested to be sent to one Michel Monceau,
Munich :—" It is youth, education, and sentiment which,
united with riches, constitute the charm of human life. I
am young, well educated, and possessed of feeling ; but,
alas ! lam not wealthy. Now, which of you who have •
surplus of riches is willing to bestow on me • share
But do not offer a smaller sum than 10,0001., for to accept
less than that would be to beg."
CIVIL SERVICE COLLEGE.—The committee of the
Civil Service College have recently appointed Mr. W.
G. Goodliffe, of the India-office, and Mr. J. C. M'Caul, of
the Civil Service Commission, as their honorary secre-
taries. The Earl of Derby and the Earl Russell have each
contributed 1001. towards the building fund of the college.
The committee wish it to be distinctly understood that,
although the school which they are endeavouring to found
is primarily intended for the benefit of civil servants, the
sons of gentlemen not in the Civil Service will be eligible
for admission, and that the school will be generally con-
ducted, as far as the different circumatanoes will admit,
upon the model of Marlborough College, Wellington Col-
lege, and other similar educational institutions.
' WESTERN CHAMBER OF AORICULTURE.—The pro-
pmition to establish at Plymouth a chamber of agriculture
for Devon and Cornwall has been very favourably received
in the two counties. Above 400 members are enrolled,
including Lord Churston, Lord Poltimore, Lord Eliot,
Lord Vivian, Sir L Palk, M.P., Sir Massey Lopes, M.P.,
Sir J. Trelawny, Sir William Williams, Mr. St. Aubyn,
M.P., Mr. Kekewich, M.P., Mr. Kendall, M.P., Sc. It is
stated that the reclamation of waste lands will be discussed
by the chamber early in the autumn, with a view to the
cultivation of a large of land in the two counties now
com_paratively worthless.
Ma. COBDEN IN WESTMINSTER ABBEY.—A cere-
mony of considerable interest has been quietly performed
in Westminster Abbey. On Wednesday hat a bust of the
late Mr. Cobden, which has been placed in the northern
transept, was formally unveiled in the presence of Dean
Stanley, of Mrs. Cobden, of Mrs. Seltzer, and of Mr. Wool.
ner, the sculptor, to whom the nation is indebted for this
latest attempt at the portraiture of the great free-trader.
The bust has been plated on that aide of the transept
which is adorned by monuments of Cornewall Lewis,
Charles Buller, and Francis Horner. The inscription is as
follows: "Richard Cobden, born June 3, 1804; died
April 2,1865. Buried at West I*vington Church."
Ma. WOOLRYCH, THE MAGISTRATE.—MT. WOOl-
rych, the magistrate, been appointed in the place of
the Hon. Mr. Norton at Lambeth Police-street, and will
take his seat on Thursday next.
MR. CHARLES KEAN.—A favourable change has
taken place In the health of Mr. Charles Keno, who has
been for some time past on a visit at Court House, near
Taunton. He is suffering from a total prostration of the
nervous system, brought on by overwork and excitement.
DEATH OF Ma. WILLIAM CRAWSHAY.-011 Sun-
day night, Mr. William Cr...shay. the well-known iron-
muter of Merthyr Tydvil, expired at his seat, Cavenham-
house, near Raiding, at the advanced age of 82 years.
For • considerable period Mr. Crawidiay and his family
have been leading members of the iron trade in Wales, but
during the last few years the deceased had resided at
Caversham-house, and latterly his health had given way.
The decease is announced of Mr. George Pollard,
at the advanced age of 76. He was the founder of the
London Joint Stock Bank, and commenced operations in
the year 1836 in Moorgate-street, with five clerks. He
was then 4.5 years of age. He had filled the office of ma-
nager during the whole time be was connected with the
establishment until within the last few years, when he was
elected to • seat at the board of directors.
Yesterday the parochial choirs of Berk' and
Bucks, in the rural deaneries of Burnham and Maiden.
head, held a grand choral festival in Eton College chapel.
Upwards of thirty choirs, comprising more than 600
voices, joined in the festival ; and the general effect in •
place so well adapted as the ancient chapel for the occa-
sion was very grand.
PATENT OFTICE MUSEUM, SOUTH KENSTNOTON.—
Number of visitors for the week tending August 3, 2,666 :
total number since the opening of the Museum, free daily,
(Mey 12,11368), 1,165,580,

THE EXPRESS, TUESDAY EVENING; AUGUST 6, 1867. 'x

LATEST INTELLIGENOL

THE LUXEMBUAG QUESTION AGAIN.

The Paris correspondent of the Nord says :

A note was recently sent by our Minister of Foreign
Affairs to the government of the King-Grand-Duke, on the
subject of the position created for Luxemburg by
the new German Zollverein. The delegates of the Zoll-
verein are, according to the new Prussian plan,
to form • special parliament, for the discussion
of economical subjects in the Federal parliament.
The cabinet of the Tuileries considers that this mode of
organisation is a kind of parliamentary annexation which
would be in manifest contradiction with the neutrality
stipulated for by the recent treaty. This note is addressed
to Prussia in a roundabout way through the Hague. But
it cannot trouble the peace of Europe because the King
of Holland can easily decline any responsibility in the
matter.

THE EMPEROR NAPOLEON'S VISIT TO
AUSTRIA.
VIENNA, AUGUST 6.
_ _

The semi-official organs state that the post-
ponement of the journey of the Emperor and
Empress of the French to Salzburg to the 16th
or 17th inst. is not occasioned by any political
reason. The delay is necessary, because the Em-
peror Napoleon receives the great bodies of the
State as usual upon the 15th inst. They add
that the visit will be paid exclusively for the
purpose of condolence, the Emperor Napoleon
desiring, by a courteous step, to insure the
journey of the Emperor Francis Joseph to Paris.
The return visit of the Emperor and Empress of
Austria is therefore certain.

The New Free Press says that the Papal govern-
ment, in reply to the request of Austria, has de-
clared its readiness to enter into negotiations with
a view to a modification of the Concordat. It stiff
pulates, however, that the rights of the church
should be strictly maintained. The Austrian go-
vernment, in answer, laid stress upon its wish to be
enabled to acquaint the Reichsrath upon its re-
assembly with the progress of the negotiations.

BERLIN, Auaust 6.

The Spenerache Zeitung, of this morning, says :
" Our news from Paris does not confirm the report
that the Emperor Napoleon, after meeting the
Emperor Francis Joseph at Salzburg will extend
his journey to Berlin."
Yesterday a convention was signed between
Prussia and Austria laying down detailed regula-
tions for the new railway communications between
Silesia and Bohemia, which is to be established in
conformity with the treaty of Prague.

CALCUTTA, CHINA, AND AUSTRALIAN
MAILS.
ALEXANDRIA, Atousr 5.
The Bangalore left at 5 p.m., and the Pera at
6.30 p.m. to-day.
The former may be expected at Marseilles on
the 11th and the latter at Southampton about the
18th instant.

ARRIVAL OF THE CITY OF ANTWERP.

The Inman steamship City of Antwerp, from
New York on the 27th ult., arrived at Queenstown
at 4.40 a.m. to-day (August 6), with 68 passengers
and 166,262 dollars in specie. She landed the
mails and passengers and proceeded for Liverpool.
All well.

NEW YORK, JULY 27, 6.35 A.K.

. ,
A serious riot occurred at Rogersville, Tenneseee, on
Tuesday. Some radical negroes interrupted a conservative
meeting, while being addressed by Mr. Emerson Etheridge,
candidate for the governorship. Pistols were used, and
two persons were killed, and seven mortally and 30 slightly
wounded.

A conservative meeting took place at Knoxville on
Thursday, and was interrupted by armed negroes. A
fight ensued, and several persons were wounded.
Governor Brownlow's militia being distributed through-
out the State, the people are generally arming, and
serious collisions are feared on the approaching election
day.

The South Carolina Republican Convention have rejected
the resolution proposing a coloured candidate for the Vice-
Presidency.
It is reported that President Johnson has determined to
remove General Sheridan. It is believed General Meade
will succeed him.

The clause in the Suffrage Bill disfranchising all who
participated is the rebellion has been struck out by the
New York Constitutional Convention.

According to ►deices from Vera Cruz to the 13th July it
was reported that up to the present none of the foreign
ministers except that of the United States, had recog-
nised the Mexican republic.
The re-election of Juarez wee considered certain.
(e ATLAWIIO TILZGRAPIE.)
NEW YORK, Auaver 5, 6 P.M.
-

The Hamburg and American Company's steam-
ship Cimbria and the North German Lloyds' steam-
ship America arrived out on Saturday, and the
Guion steamship Chicago on Saturday.
Closing prices :—Gold, 140. Sterling exchange
on London, 110. 5-20 United States Bonds, 112 i.
Illinois, 1172 ; Erie, 69. Cotton : Middling Up-
land, 29. . . .

PHILADELPHIA, Aucesr 5.
Petroleum, standard white, 281.

On Friday Mr. Newdegate will call the atten-
tion of the house to certain circumstances connected with
the select committee appointed to consider, to bear evi-
dence with respect to, and to report upon the Ecclesiasti-
cal Titles and Roman Catholic Relief Acts, to the evidence
taken by, to the proceedings, and to the report of the
above committee.

The son of a former minister of the Abbey Chapel
at Rommel, in Hants, paid ► visit last week to that town,
where he wu born. He had not seen his native piece for
70 years.

During the month ending the 30th of June last
France and the Channel Islands exported to England, by
way of Southampton, nearly 20,000,000 eggs, 14,000 bushels
of fruit, 4,800 tons of potatoes, and 1,700 tons of butter.

There is only one freeman of the city of Win-
chester and only three freemen of the town of South.
ampton now living.

The police authorities of London telegraphed to
the authorities at Portsmouth that 200 thieves had left
London to attend Portedown fair. An army of thieves
reside in London, and they invade the provinces in orga-
nised detachments.

OFFICIAL PRAYERS. —The Minister of Justice
and Public Worship has addressed the following circular
to the archbishops and bishops of France :—" Paris, Aug.
1. Monseigneur,—The fete of the 15th August is soon
about to furnish us with an occasion for offering up to God
the expression of our desires and the tribute of our thanks-
giving. Providence has again given us this year ample
causes for gratitude ! The peace, happily strengthened,
presents to the admiration of the universe the con-
junction of all the splendours of civilisation, without
the conquests of material order producing any
neglect in the moral progress which the genius
of the sovereign is pursuing amid the applause of
the whole nation. An enlightened patriotism unites
the populations more and more around the imperial
dynasty, whilst their religious faith joins with pleasure in
the great ideas of the catholic episcopacy, freely combined
with the voice of the head of the state. It is with those
feelings, Monseigneur, that the faithful assembled for the
solemnity of the assumption will address to Heaven their
earnest prayers for the Emperor, Empress, and Prince
Imperial, whose destinies are so closely bound up with the
honour and prosperity of the country. I have no need to
remind your grace of the measures which it is customary
to adopt in this circumstance, in order to fulfil his Ma-
jesty's intentions. Accept, &c., BAROCRE." A similar
circular has been addressed to the beads of the protestant
confessions in France, and of the central conaistory of the
Jews.

.c

0 LAW INTELLIGAINCE.
(THIS DAY.)

. .
COMET OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
NIIITH AND OTHERS O. TRUITT AND OTHIII3e—JUDOIUNT.
• Sir James Wilde delivered judgment in this remarkable
, ease, which was heard at the end of April and the begin-
, ning of May last.
It will be remembered that the plaintiffs had
cohunded (dated )(larch
n 2, 1866), of Mrs. Am
Worthingtea, late of , and of
17, ElTyde-park-gardens, and that probate bad been re-
. sided by Mrs. Tebbitt, her sister, and by other next of
kin, on the ground of undue execnition unsoundness of
mind, and undue influence. The facts were briefly as follows:
Mrs. Thwaytes and Mrs. Tebbitt were the daughters of •
Mrs. Hook, who died in 1803. After their mother's death
, they supported themselves by taMng situations, and Mn.
Tebbitt became housekeeper to ILL Thwaytes, ate& grocer
,
in Fendienth-street. In 1816 she married Mr. Tebbitt, •
clerk in Mr. Thwaytes's employment. In the game year
her sister, the testatrix, married Mr. Thwaytem In 1833
Mr. Tebbitt died, leaving his widow and seven children
unprevided for. In 1834 Mr. Thwaytes died, leaving his
wife, who had no children, about half a million of money.
Mr. Thwaytes had been attended before his death.l2
Mr. John Simm Smith, a surgeon, who then
in the City. He continued to attend Mrs. Ice=ytes,
after her husband's death, and became her intimate friend
and confidential adviser. A few days after her husband's
death she made • will leaving small annuities to her sister
' and her sister's children and the residue of her property
to Mr. Simm Smith. Shortly afterwards she was intro-
, duced to Mr. Simm Smith's brother, Samuel, a stock-
, broker, who was • widower, with two daughters. She
purchased • house at Clapham, where she resided for a
few months with her lister and her sister's children,
and then removed to a house in Finsbury-circus. She
allowed her sister to occupy the house at Clapham rent
free until her death. After removing from Clapham in
August, 1835, she executed a deed settling 30,000/. on
her eider for life, with remainder to the children.
Ica 1&39 • quarrel took place between the sisters, arising
from the refusal of Mrs. Tebbitt to accept an Indian
cadetship which Mrs. Thwaytes offered to one of her
sons,. and since that time they have never seen or com-
municated with each other. In 1840 Mrs. Thwaytes
bought the house in Hyde-park-gardens as a town resi-
dence, and in 1841 • house and • small estate called i
I Shermandean, as a country residence, and she continued
to occupy these two houses until her death. At her in-
vitation, Mr. Samuel Smith and his daughters took up
their residence with her at Charmandean, and from that
, time they were entirely supported by her. The two
daughters were educated at her expense, and remained
with her until they were married, and Mr. Samuel Smith
continued to live with her until her death. Mr. Simm Smith
and his family resided at Croydon. He continued to have
the management of her affairs, and was in the habit of
visiting her at Charmandean about once • fortnight. In
1846 Mrs. Parrott, • married daughter of Mrs. Tebbitt,
went to see her, but on the day following her visit she
received a letter from her desiring that it should not be
, repeated, and stating that , ' the interposition of Provi-
dence had prevented their again meeting,' and that she
had made up her mind never more to see one of the
family. In 1850, however, she allowed Mrs. Cook, another
married daughter of Mrs. Tebbitt, to visit her ; they after-
wards became on intimate and friendly turns, and in 1854
she took a house for Mrs. Cook and her family at Broad-
water, near Worthing, and made them an allowance of
450/. a year. This intimacy continued until 1857, when
she took offence at the conduct of Mr. Cook in having, as
she alleged, applied some money which the had given him
for a particular purpose to some other purpose. She then
desired Mrs. Cook to leave the house at Broadwater, and
broke off all communication with her but continued the
allowance. With this exception she had no personal com-
munication with any members of her family after her
quarrel with her sister, but she made small allowances for
some of her sister's children, and from time to time sup-
plied them with money when they asked her for assistance.
She died on the Bth of April, 1866, at the age of between
70 and 80. She had been suffering for • short time from
en affection of one of her eyes, but she bad no serious ill-
ness, and her death was sudden from a stroke of apo-
plexy. The amount of her property at the time of her
death was estimated at about 400,0001., half of which she
left to the two Smiths, and the rest she distributed
in legacies amongst her friends' dependents, and acquaint-
ances. To her sister and her daughters she gave 45,000/.
in addition to the settlement she had already made on
them. She gave in her lifetime 10,0001. to the son of
Mr. Simmfimith,on his being called to the bar, and 20,000/.
ass marriage portion to each of Mr. Samuel Smith's
daughters. Mr. Simm Smith had himself received from
her 2,000/. a year for managing her property, and pre-
sents to the amount of 40,0001. besides the gift
to his eon. It was admitted that the deceased
was a woman of very singular ideas on religious
matters, and as against the will it was contended that
these were insane delusions, which had bated from a short
time after her marriage to the time of her death. On the
other hand It was alleged that the late Mr. Thwaytes had
led an irreligious life, and that his widow bad afterwards
conceived the notion that she waamarked out by the very
fact of her becoming so strangely possessed of so enormous
a fortune, as a person called to do souse great
work for God. It was suggested that she might
not have fully understood various received doctrines
of Christianity, such as regeneration, the indwelling of the
Holy Ghat and communion with God; or what was
equally probable, that her conversation on those subjects
had been misunderstood by ignorant or unsympathetic
witnesses. In particular she had enthusiastically adopted
the Millenarian hypothesis, and it was alleged that she
had actually expended an immense sum on her house
in Hyde-park-gardens to fit it for • residence for
the Supreme Judge; but it was contended on the
other hand
.that even if she had done so, an erro-
neous religious belief would not necessarily be
an insane delusion, for it bad been held by. the Court of
Chancery that a bequest to circulate the writings even of
Johanna Southcott was a good charity in law and would be
enforced by the court. There were, moreover, indications
that whatever her visions might once have been they had
grown more sober as she approached the close of her life ;
for example, though it was alleged that she had at one
time represented herself as destined to an immortality
upon earth, she had, before her death, purchased • vault
for her own interment.
The learned judge, in giving judgment, alluded to the
principles and practice of the courts in deciding came of in-
sanity, referring particularly with approval, so far as gene-
ral principles were concerned, to the case, Waring v.
Waring," and without travelling through the paths by which
the conclusions in that case were arrived, took them as the
starting point in the present inquiry. If disease had once
shown itself to exist in the mind of a testator, it was not
enough to show that it was merely discoverable
on one subject while on all others the testator
was rational Up to this all was clear, but beyond it his
lordship had searched in vain for any certain test. To say
that there was mental or morbid and insane delusion, was
only postponing the question, and not answering it. The
word itself was an unpleasant one, as it was applied in
common parlance to persons who were only mistaken.
After quoting several well-known authorities, he concluded
that the court must judge such cases from two points of
view, that of the physician who could compare cases of
supposed delusion with those of actual and un-
doubted insanity, and of that of mankind gene-
rally who judged of delusions by the obviousness
of their falsity. Thus, if • man believed that
his body was made of glass and his legs of butter, there
could be no doubt as to their being delusions; but when
the delusions were solely on matters of reason, and were
addressed only to the intellectual faculties, the matter was
more difficult. There were many whose insanity was
suspected, but not proved ; but the ordinary mode of judg-
ment was that of comparison with the conduct of other
men and women. It was the office of the court to inform
itself, then, both of the medical and the general aspects
of the case. Hie lordship then at great length
quoted and commented upon the religious delusions of the
deceased, which left no doubt that these ideas had a per-
manent if not • constant position in her mind. She did
not exhibit herself as a religious enthusiast—she preached
no faith, held no doctrine, and sought no converts. Except
when she made the extraordinary statements attributed to
her, the subject of religion was never approached by
her; she never went to ',beech or chapel; and
she was remarkably ignorant of what may be
called the literature of religion. The comparison which
the learned counsel bad made between the deceased
as an enthusiast of Johanna Southcott, and some of the
writings of Bunyan and Luther, was therefore wholly inad-
missible. On this branch of the subject, then, there wall
no doubt the deceased was of unsound mind. The learned
judge then turned to the comparison with the insane ; and
quoted several eminent medical authorities as to the delu-
sions of really insane persons and contrasted them with
those of Mrs. Thwaytes, concluding that in nature
they were identical. It was said by the counsel
for the plaintiff that if Mrs. Tebbitt believed
her sister was insane, why did she not, by a
oomrniesion, have the matter settled in her lifetime She
did not so, and therefore it was alleged that Mrs. Tebbitt
believed her sister was sane. There were, however, good
reasons why Mrs. Tebbitt did not do that; but the court
bad nothing to do with that—it had only to judge of the
fact of sanity or insanity of the testator. The strongest
point in favour of the plaintiff was the strong
common sense and capacity exhibited by the
testator in all the ordinary transactions of life.
It was, therefore,
.proper to inquire whether these
delusions actually existed as evidence of a diseased mind,
and the court had most carefully considered this point. ,
But this was hardly born.. out. Did she conduct her ;
affairs with ordinary prudence? Considering the large I
amount of her income, it was surprising that she had left
no more than she succeeded to, and the evidence given of i
her habits and memoranda and books, although no proof
of her insanity, failed as affirmative proof of tier mental
capacity. The learned judge thought that as
the perversion of the natural affections were 1
often the first indication of • mind diseased ;
so the conduct of Mrs. Thwaytes towards her '
sister and relations could not be overlooked. It was not 1
much that the cause of the estrangement was a trifling ,
one ; but the language she habitually used respecting
them, sad particularly that of the letter to her neioe, Mrs.
Parrott, was proof of a thaordarod mind—a conclusion 1