The Sun.
London, England, 1864-05-03 00:00:00

The Will of the Late Mr. Hutchinson.

(From the Morning Post.)

There are few topics in the discussion of which
men are so apt to lose their temper and compromise
their judgment as religion. There are none in
which adherents of opposing creeds are so prone to
credit suspicion of corrupt motives and unscrupu-
lous actions. No matter what sect or what learning
the accused may favour—no matter how improbable
or unfounded the charge insinuated—the first im-
pulse is usually to grant it all credence with
scarcely ony investigation into the particulars,
Mr. Smee, a surgeon in Finsbury, disputes the
will of his bro'.her.in_law, Mr. Hutchinson. Mr.
Smee has secured one little fortune by marrying
the sister of Mr. Hutchinson, and he conceives him-
selves defrauded of another because that gentleman
chooses to bequeath hisproperty in accordance with
the bias of his whole life. That bias was at any rate
not in favour of his relatives, and no wonder.
Twenty years ago Mr. Hutchinson, then a student
at Cambridge, announced his intention to embrace
the Roman Catholic religion. It must be obvious
that the only course likely to dissuade the youthful
and ardent imagination that could have conceived
such a resolution would be the tender of firm, but
calm and sensible, argument. Mr. Smee endea-
voured to accomplish it by writing most offensive
letters; by telling his brother-in-law that his con-
version proceeded from a diseased mind—that he
was lending himself to the mummery of a relent-
less body who would rob him of every farthing—
that his friend Mr. Faber (who was converted
about the same time) was a " debased villain," who
ruled him for his own ambitious ends; and he finally
clenched his arguments by complaining that such a
change of religion would seriously injure him (Mr.
Smee) in his professional capacity. This really
throws quite a new light on the secrets of the me-
dical profession. Until now we had not the slightest
notion that it was advantageous to a surgeon to
possess relatives " sound" in a doctrinal sense; or
that a schismatic doctor would be held incompetent
to treat orthodox gout or bronchitis attached to the
Established Church. It may be, however, easily
supposed that such an opinion did not weigh much
with a youth fervently awakened to the sense of his
own salvation, or that the person who could advance
it was capable of propounding others any better.
['he result was that Mr. Hutchinson was in due time
ordained a Roman Catholic priest, and henceforth
devoted himself and his means to the faith
which he had embraced. He appears to have been
an amiable and, according to his lights, a consistent
man. He seems to have been rather less imagina-
tive and enthusiastic than is usually found in what
are called "perverts." But of the goodness of hie
motives, or the sense of his actions, there can be no
doubt. Instead of lavishing his small independence
on ceremonies and psalmody, wax candles, or eccle-
siastical millinery, he devoted it to the establishment
of ragged schools in Holborn and Drury-lane, which
he superintended himself, and to instituting an
orphanage, a reformatory, and model lodging-houses.
He subsequently joined the Oratorians at Brompton,
of whom we have heard so much lately, where he
fitted up a small side chapel at his own expense, and
where he expended nearly £l,OOO in the foundation
of a theological library, a pious work in which he
was engaged up to the time of his death. His whole
life, in short, evinced him zealous and satisfied with
the course he had so early chosen. in 1857 he
made a journey to the Holy Land, where, appa-
rently, he found much to confirm and strengthen
him in his views, but where, according to the tes-
timony of his fellow travellers—one of them Sir
Henry Holland—he evinced no symptom what-
ever of a heated or excited imagination. He re-
turned and again joined the Oratorians. It should
be here observed that this institution is a sort of
amateur monastery. The members are free to
come and go just as they please; they take
no vows neither of poverty nor of obedience.
No one of them has any power over the
others, nor is their property held in common.
They subscribe a certain sum to a general fund,
the distribution of which is regulated by the votes
of the majority, and the rest of their property
remains separate to the owners. Whilst devoting
himself to the labours which this suoiety imposes
on itself the health of Mr. Hutchinson began to
decline. In July, 1869, he made a will, end in
the following August he executed a codicil. This
testament bequeathed nearly all he possessed, but
which had dwindled down to about £5,000 to
Father Knox, also a member of the Oratory, no
doubt with the intention that it should be applied
to the carrying out the views advocated by that
community to which, for whatever might remain
of his life, he had evidently devoted himself.
This will Mr. Since disputed, on the ground that
it was not " according to the requirements of the
statute," that " the testator was not of sound mind,"
and that it was "secured by undue influence!' He
might just as well have added, "because he did:not
leave his property to his sister." The plea would
have been quite as reasonable. There never were
allegations more utterly groundless than those thus
advanced. The first was abandoned at the very
outset. The will was found to have been drawn up
by the testator's own authority, duly signed, and
duly witnessed. His
perfect possession of his in-
tellect, both before and after the execution of the
will, was testified with a profusion of evidence
that rather wearied the judge, and was indirectly
confirmed, under cross-examination, by Mr. Smee
himself, who admitted to the transaction of busi-
ness with him subsequent to that event. Lastly,
no proof of tho undue influence asserted was ever
produced at the trial at all. In short, the merits of
the case may be deduced no less from the summing
up than from the decision of the Judge Ordinary.
He not only deolined to call upon the counsel
retained in favour of the will to make any reply, but
he at once pronounced for its validity, and con-
demned Mr. Smee in all costs, on the ground that
there was not even a reasonable cause of suspicion
against it, and that the case ought never to have
been broughtinto court. This rather important
decision
will
dispassionately perhaps
warn intended litigants
in such cases to look a little more carefully
and into the matter before they
leap.
No doubt all sincere Protestants have a
right to lament when their relatives forsake their
creed. No doubt they may feel disappointed when
the property of such " perverts" is found be-
queathed to the faith thus embraced. Bat it
would be illiberality in its grossest sense to deny
that such a conversion could possibly take
place
on sane and conscientious motives, or to
assume that such a bequest was compatible
only with undue influence. Evil motives are
easily imagined, but they should never be im-
puted save on well-weighed and most reasonable
grounds. If they are to be tolerated, Mr. Smee
himself is especially
open to them. Mr. Hutchin-
son and his sister were wards of his own father.
He marries the sister. What has he to answer if
the Oratorians assert that union to have been ac-
complished by undue
influence in order to obtain
the fortune of his father's ward ? He disputes the
brother's, and in the event of success the property
in question would revert to his own wife. Mr.
Smee has need just now of all charity towards his
proceedings, for he has utterly failed to establish
any one of his allegations.

SENTENCE OF DEATIL—The Earl of Ellen-
borough's bill begins by enacting that no sentence
of death shall be carried into execution " without the autho-
rity of ono of the Secretaries of State." Whenever a per-
son is sentenced to death, the judge before whom such per-
son is tried is forthwith to mako a report thereof to the
Secretary of State, and that functionary is to summon the
Lord Chancellor, the Lord Chief Justice, the Recorder (if
the sentence is passed in London), and all such members of
the Privy Council as are at the time intrusted specially
with the duty of advising her Majesty (five to be the
quorum), to meet to consider all the circumstances of the
trial, and all the information and representations the
Secretary of State may have received relative thereto, and
their advice as to the carrying the sentence into execution
is to be laid before her Majesty, and her Majesty's pleasure
taken thereupon. If her Majesty signify her intention to
be present the great cfficers of state are to be summoned, as
was accustomed when the sovereign presided at the con-
sideration of the reports made by the Recorder of London.
After these proceedings the requisite order is to be given by
the Secretary of State for the law taking its course or
for commutation of the sentence. The bill extends only to
England. It is not to affect the Royal prerogative of
mercy.