The Express.
London, England, 1868-04-27 00:00:00

confirmed the probability that Mrs. Lyon% account d the
matter was true. It was perfectly immaterial whether
the letter were written from copies or net, if
whether
dictated by Home, and perfectly immaterial
Home inspired them whilst in a state of trance, if his eyes
were all the time wide open to his own interest. Proceed-
ing to comment on the conduct of Mr. Wilkinson, the
learned counsel said that whilst neither expressing nor
desiring to insinuate any remark derogatosy to Mr. Wil-
kinson's homer, he thought be should make good I
the view that Mrs. Lyon's friends bed good
grounds far feeling the gravest dimatidectime
with his conduct. Mr. Willdneen was a friend of Mr.
Home' and a believer in his supernatural powers. In his
11 answer he said that Home had been, he believed, all his
life subject to the occesionsl occurrence el posaliar phew-
' mean in his presence, and that suck phenomena bad been
carefully observed under conditions when anything like
fraud or contrives*e were impornible. He adds.
"My own views on this subject (biology and
metaphysics) are probably unimportant ; but as charges
and ineinuatimis an made against me, and the subject
of spiritualism is so misunderstood by the public, I have
the right to say that, having had my attention drawn to
certain remarkable occurrences about eighteen yams ago in
the home of a relative, and which 561111111151 i for nearly
twelve years, I have since that time occupied a portion of
my leisure in inquiring into the subject. . . I have
formed and constantly expressed the *aims that it was
wrong to believe in, or sat upon what might ap-
pear to be cosunitaisations from the unarm, on
their own evidence merely. . . I have frequently
referred to the pewees in the Old Testament in which it is
laid that God sent • lying spirit. and to the directions
given us in the New Testament to try or test the spirits. I
have permed the inquiry under great misrepresentations
and obloquy, and I intend to continue it se long as I can,
and I believe that the subjects of spiritual visions, trances,
ecstasies, prophecies, angelic protection, and diabolic pos-
sessioe, anciently recorded, have already had light thrown
upon them, and will have mush more. . The plaintiff
told me that she was, and I am informed and believe
that she still is greatly interested in this inquiry. . .I'.
The plaintiff told me that she was subject to supernatural
occurrences herself. . . ." Now, not to mention that say
other person in Mr. Wilkinson's position would bare said
to Mrs. Lyon, "Is not the whole of this proceeding an
imposture and a fraud?" where was the mammy sad
peeper protection that ought to have been thrown around
Mrs. Lyons by her profeisional adviser? Here was •
man accustomed to see instances of undue influence and
weakness in almost all the affairs of life, and wham duty
it was to protect his client' from the consequences. Did
he ever ask her whether her bounty was in any way con-
nected with spiritualism, or whether any spiritual pheeo-
mena had taken place in her presence ? What did it
matter whether Mr. Wilkinson was unwilling or unable to
perceive the improper is/Induce to which Mrs. Lyon was
exposed, if he did not in feat give her those warnings and
those cautions which her situation so eminently-required
Passing to the deed poll of confomiation, Mr. Deice pointed
out that the statement contained in it that the gift bad
been made without the " inteifecence "of Home, had been
proved to be untrue. How could it possibly be said that
these gifts were made without Home's influence, control,
or interference? On the occasion of the execution of the
former of the two deeds Home himself was present. Why
were there recitals introduced? Plainly, with • view to
the manufacture of evidence, whenever the occasion should
arise for these transactions to be disputed. Ths next
point was whether the fact of the undue influence bad
been substantiated ; and here be would repeat that it was
unnecessary to prove that Home suggested the delusion if
he found it existing in the plaintiff's mind, and made
an improper use of it. The learned counsel went through
the evidence and argued that the whole chain of circum-
stances pointed one way—namely, that the defendant,
having discovered the peculiar weakness of the petitioner's
mind, arising from her exaggerated love for her husband,
knew how to touch the chord, and availed himself of the
opportunity to enrich himself. Was it • trivial circum-
stance that in the doggerel moved to be in the defendant's
handwriting, beginoing • Shining, shimmering, golden
hair—" an allusion was intended to the vision of the
golden-haired boy? The look could not be opened
till the boy came mysteriously out of the
bookcase. What did that signify ? A Daniel was
found to interpret the dream ; and when the lock
was opened, Mrs. Lyon's treasure was gone. The whole
of the exigencies of the cases which had been cited in Mr.
James's opening had been satisfied in this instance ; and
in allusion to the remarks of Sir James Wilde in the ex-
traordinary case of "Smith v. Tebbutt," it was contended
that the difference between night and day was not greater
than the state of Mrs. Lyon's mind when under the
influence of the supposed communication with her hus-
band's spirit, and when she was not under such influence.
This subject wee not confined to English law, but was
matter of universal jurisprudence ' • and in • remarkable
ease in France, reported in the first volume of the Reports
of D'Aguesseau, where an old lady was induoed to leave
her money to • convent, under the eupponid directions
of phantoms of her deceased husband's spirit, which
were made to Ram before- her eyes, the dispo-
sitions were set aside, and her money restored. In
conclusion, he called upon his Honour to take a similar
view of the case, and to visit the defendant Home with
the just consequences of his hypocrisy and (mud.
He was followed on the seine side by Mr. Fischer,
who commented upon various parts of the evi-
dence, proving the superstitions tendency of the
plaintiff's mind; as shown upon several occasions.
As to the leading theory of the defence, if the
plaintiff's advanced age and hitherto blameless life were
not sufficient to shield her from such an imputation, was
it credible that a lady entertaining an amorous passion for
a man would have addreeeed him as her son, and have
signed herself "your affectionate mother " ? The sugges-
tion was perfectly mantra's. On the question of the
communication with the husband's spirit, it was
the common ease that some phenomena were
exhibited. Now them must either have emanated
from the spirit, or must have been contrived either by the
-plaintiff or by the defendant. He asked what possible
motive could the plaintiff have had in devising or seeking
for a spiritual sanction to do that which she was at perfect
liberty to do of her own free will, without the suggestion
of a spirit, or of anybody whomsoever?
(The learned counsel's address was not concluded when
our report left.]