The Express.
London, England, 1861-07-05 00:00:00

tXTHAOLDINARY CABI.

This was a roll to establish the will of the late Mrs.
Sophia Belli*, otherwise Capell, which was propounded by
the universal legatee, Dr. Griffith Jones, of 43 Woburn-
plate. Russell-muses, and resisted by the Queen's Proctor
(the testatrix being a bastard and leaving nu issue), on the
ground of undue execution, undue influence, and want of
testamentary capacity. The property was stated to be worth
some 3,000(. or 4,00 W.
Mr. Digby Seymour, Q.C. (who was this morning called
within the bar) and Mr. Phillips appeared for the plaintiff ;
Sir J. D. Harding (Queen's Advocate), Mr. Macaulay, Q.C.,
and Dr. Spinks, for the Crows • Mr. Dunphy for a con-
oexioa of the deceased, named deeps.
Dr. David Griffith donee, the plaintiff, said—l am a dec.
tor of medicine, of Aberdeen, and a member of the Royal
College of Surgeons. I practise homeopathy. I have been
acquainted with Mrs. Belle for several years. In the
year 1857 she paid me • visit at a country home I had at
Colebrook, near Windsor. She supposed that she cone as
• guest, and she stayed for a fortnight. My wife took upon
herself to mod her en account for her board ; but I never
received any payment for it. My wife and the testatrix
were not friendly fur some time in otmesquence of the mis-
understanding. I continued to see her frequently. Oa the
11th of February last, in consequence of a letter I received,
I sent my wife to her at 31, Fitzroy-square. Is the even-
ing I went myself • and was shown into a room where Mrs.
Bello was. Mrs balvert the landlady, mid to me in her
presence and hearing, ' You really must remove her."
Then in a lower tone she added—" 1 really could not allow
her to die in this house." Mrs Belli' then told Mrs.
Calvert to leave the room, as she had private business to
transact with me. When she was gone Mrs. Belli. said,
" God bless you, :ay dear doctor, how are your Then she
told me that two doctors had given her up, that she bed not
a friend in the world, uor any person to lean upon in her
dying moments. 1 replied, " Surely a lady at your
age (about 73) must have some friends in the
world r She said, " No, doctor, not a friend;
all that I have known have robbed and swindled nee."
Then she told me that she would be very glad to see my
wife, and went on to say, " Now, doctor, as • Christian and
a friend. will you take compassion on me and remove me
from this house! I really cannot die here. I have asked
several persons to get me apartments—even Mr. Gardner,
my agent ; but hems I UM* I said, " I redly don't think
I can remove you ; you seem to be in such • feeble state."
She replied, you
you are going to desert me, like the
met! I was rather afraid that your wife might object, but
I could not believe that you would, doctor—you must re-
move me." Then she became angry, and taking bold of my
hands, said she would not let me go until I promised to re.
move her, again repeating that she had no relations or
friends. I examined her, and told her that I could not
remove her that day, but that if she improved I would.
She said, "Never mind, doctor, if I die on the way. I
should have no objection to die in your carriage." In the
course of the conversation she told me that her name well
sot Capell as I had supposed, but Bellis, and de-
scribed to mother property, adding, " I shall leave you every.-
: thing I have, andyou must make my will at 000 e.
I said, " Nay, nay, Iy can't make your well, but I will send
for your solicitor." She replied, ' Don't talk to me about
solicitors, fur I bate the very name of them." I repeated
that I could not make her will. She mid, " Delft you know
• lawyer!" I said I did, but, I should prefer one of her own
choice, and I left after making • memorandum at her re-
quest, of her property. I saw her again the same evening
and the next morning. Found that she had had a bad night,
and told her that she could not possibly be removed that
day. She acquiesced in that, but still desired to be removed
as soon as possible. Subsequently I went at her request and
fetched [my whetter, Mr. Fitch, of Bloomsbury, but when
became she said, " I don't feel disposed at present, I feel
rather weac." We then went away. Before I left she told
me to look in a drawer fur • watch and chain. I gave them
to her and she said, " This watch belonged to my dear son
Frank ; keep it as long as you live, for my sake." I felt
WOW delicacy in doing so. and rang the bell for Mrs. Cavort.
When she came I told her that Mrs. Utpall was desirous that
I should take the watch, and also a box which she also de-
sired me to have. Mrs. Belle became very excited aid
asked me what business I bad to cell her in! " Surely,
Doctor," she said, " I con do what I like with my own pro-
perty I don't ask my landlady whom lam to leave
may property to. I did think, Doctor, you knew
better." Saw her &pia the mum night.
yo
if
seemed very excited ; sail I said I would
May with her all the night. The next morning she
was very much better, and at twelve I removed her in
rsia to my house. When she arrived there she
heads and said, "Thank Cod I have come
hoe! "'shall now be comfortable." She could walk with
assistance. She then ordered her dinner, and asked me to
send fur Mr. Fitch again. I did so ; and when be came
she told him that she wished to make her will. Mr. Fitch
said that Mrs. Jews and I must have the room. She said,
"No, no ; 1 ma going to leave my property to the doctor ;
there is no secret about it." Mr. Fitch said, however, that
I nest leave, and I did so. Saw her again is the evening,
and she asked me to get her some Holloway's pills. I
asked her, " Would it not be better to have some medical
meal" She said that doctors were of no use to her, and
that her son Fienk, after having berm given up by several,
was after all cured by a simple pdl." Then she west to
bed, but in the night I was knocked up. I again wanted
her to have a mis&al rasa, but she said, " It's no use ; it's
only throwing mousy away." Nevertheless, I sent the
nurse for Dr. Murphy. The testatrix asked me if she was
worse. I told her that she was weaker; and she
said, " Then I am going to die. I want to
see your friend the lawyer, and finish my will.
I said he had left town by a late train, sod would not return
till the morning. Then she asked for the will, and I gave
it her. I told her that two witnesses would be required.
She looked over the will, Roil then Mr. Huthenume, •
friend of mine, who was to be one of the witnesses, began
to read it to her. She stopped him, and said she keel,
very well whet was iii it. I then asked him to explain its
contents to her, which he did. She then had it placed in
her baud* and proceeded to sign it. In so doing she made
a blot. 31r Iluthemuce took the willfrom her, and scratched
out the blot. Then he gave it her again to sign. I was
supporting her, nod she said to nie, • Dector, I am
trembling, assist Inc." I put my arm rowel her waist rod
held her wrist. I said to her. " I think your tram. is
!Labelle r She said, " Isabella No, it is tiophis." Mr.
Hutherance was holding the candle before her. She ob-
jected to that, and lade him to hold it behind her, for she
said she could then see better. Having sigood the will, she
gave it to Mr. Hutherance, wire asked her if it
was her desire that he and my man Proctor should
with's§ it! She said yes, and they acounlingly attested the
paper. Mr. Hutherance gave it back to her, and after looking
at it for • moment she handed it to me, and I told Mr. Hu-
thereto' that we should nut want him soy longer. She then
asked for Mrs. Jones. who thee gave her some wine. The
testatrix said, "God bless you . I shall never forget your
kindness. The Lord is sure to reward you for your
trouble." She died at about two or three o'clock in the
same night. I bad never prescribed for her, as she did not
believe in homoeopathy. I knew, however, that she had
heart complaint and other diseases.
Cress-examined by the Queen's Advocate-4 have practised
homeopathy for nine or ten yaws. I have also practised
hydropethy during that time. Hydropathy is not •• the
cold water cure." We use hot water, cold water, hot air,
regimen, exercise, and other hygienic means. I was bred an
allopathist.
The Court—What is that

Wittier—lt is the old treatment by bleeding, blistering,
easstica, purges, and the like.
Sir J. Harding—But it is the system pursued by the great
body of oar ignorant physician', y it not