The Sun.
London, England, 1862-04-25 00:00:00

BRITISH POSSESSIONS.

A Closing _
Share 82 ilwa.ys. I ~. d.' Price. Business done
• (
______(_ _______ _.
100 ! A.t I antic & ct Lawrence ~,ii 63 18 65
stk c 'l3om.,BarodaA.Cent Ind
0
( Gu. 5 per cent
204 Buffalo and Lake Huron alllO
100414 160i211 1011 25 14 2
204 Do. New
10 Do. Preference .... •
100 I ,Buflalo,Brant,AGodrich 100 83 80
6 p. ct. bds. Aug. 1, 1872(
100 ,Do. do. July 1, 1873) 100 82 85
100 i Do. do. June 1, 1874! 100 81 84 80
5 )(Jim(' ta.A S. Ea:An. (Li., )1 all 5 r 4 51
20 (Cape Town & Dock Scrip 18 4 1. p 183 41 1
174 Demerara .
stock Eastn. Bengal gu. sp. c 100 1014 1021
stock East Indian, gu. sp. c. 100 1014 1018 103 f 1 4
20 ( Do. do. G Ext..
stock )Grand Trunk of Canada 100 234 245 244 4 5
100 Do. 6 per cent. Pref all 70 74 71
100 Do. 2d Pref. 6 per ct all 6') 63
100 Do. 6 per ct. Debentr I all 40 45
200 Do. 7 per cent. 1862 .. all 45 48
100 Do. do. 1867 .. all 37 10
100 Do. do. 1872 .. all 35 40
stock Gt.lncliaPenin.oim.sp.c.l 100 1014 1021 1014 2
20 Do. New gua.'s p. c... 12 pr 5p 12
stock Gt. South.of India(Lim)
guaranteed 5 per cent.) 100 101 102
204 Gt. W. ofCanada Sharesi all 121 121 124 3
204 Do. New .. ....... ... 18 84 71
100 Do. 6 p.c. '73 witlet opt. all 102 104
100 Do. 54 p. c. do. '77 d 0... all 93 95
100 Do. 1878. all 91 95
stock Madras guar., sp.c. .. 100 1014 1025 1014
stock Do. 4,1 p. c. Extension 100 84 96
stock Do. 41 d 0........ 100 91 93
stock Melb.Corp. 6p. o. Bnds. 100
20 NewßrunswiCk A Canda
Ry.ALand(Lim.)gippc! all 5 7
Class A Capital SlTarc
Do. do. Land d 0... .....1
20 Do. do. B Capital do. ..1 all 4 6
Do. do. Land- do. ......
stock Scinde ......
L.... si..i 100 103 104
20 Do. Punjaub .... ,t I 15 *1 p 154
20 Do. Do. ...... ii c:: all 204 201 20k
stock j Do. Indus. St. Flo. r,,cg 100 19 100 9) 4
1
10 !Trinidad (Lim.) Scrip.. 1 i 4
FOREIGN RAILWAYS
20 Algerian
10 Antwerp A Rotterdam all 7 71
20 Ardennes.... .......
20 13ah.AS.Fran..Lim.7 p.c 164 1 14 174 4
5 Belgian East. Junction all 414
Carmeaux Mine (it Rail 3C 11 12
100 Copiapo
10 Ditto Extension
20 Dutch Rhenish
20 Eastern of France
20 Grand Rus Guar. 6p. c all
20 Gt. Luxem., Con. shs all 144 154 15 14/
20 Italian Junction .... • • all
20 Lyons A Geneva ...... all
•20 Namur A Liege ........ all 81 ilif
•
20 Do. 6p. c. Pref......... all 20 21
16 Northern of France.... all 41 42 41
16 Do. New Shares— .... 15
10 Norwegian Trunk Prel. all 8 10 i
20 Ot'inn(Smyrna to Aidn) 13 74 61 1
20 Farts,Lyons, A Medi ter. all 444 45
20 'Paris A 0r1ean5........ all 50 e 2 (
20 1 Recife A S. Fran. (Peru.; )
gua. 7p. ct. lim ...... 19 43(1 2O Riga ADu ,naburg...... all
20 Royal Danish. - ........ all 13 15 i I
5 Royal Swedish ...... all 4 I 1
4 Do. 7 per cent. Pref.... all 1 8
20 Sambre & Meuse ...... all 11 115 11 i E
10 Do. 54 per cent. Pref.— all 94 141 94 1 t
20 San Paulo, lira, g. 7p. c. 8 1 4pmBl 1
20 S.Aust. &Lomb Venetin r 18 3 35p 12 i 22 t
26 S. East Portugal 7 p ct. 7 E
20 Southern of France.... all 314 321 i
83 West Fiandern
10 (Do. 54 pc. Prc...ference.. all 104 104 S.
20 W. AAr.W. of France .. all 21 22

PREFERENCE SH2
Dividends contingent on the

.RES
?rofits

D S 1
of each

'OCKS.
parate Year.

"Caledon. !O Gua. Stk ICO
Cornwall 4/ p.c. ga.perp all
*E. Anglian, Clsß, 0 p.c. 100
" Do. ClaC, 7 p.c. 100
Edin,Prth,&D'dee,4p.c. 100
iLond'n, Brig'tn, &c.,4}
per cent. ,8)8 100
Do. do. 4 per ct. 1860 100
do. 4; per ct. 1801 100
Do. do. 4 per ct. 1861 31
Lou. & Chat'in, ➢ietrop.
Ext. B, 6 p.c
Lon. &S.Wcstern 41 p.c. 100
North British £lO Gua. all

102 104

80 62

103 105
92 95
103 105

1 id
102 103

Shares, 1861
*SzottishCentral 4i p.c lOO
irred. pret
S.-Eastern 4z p.c. 1859 all
'Do. 5 p.c. June i& 61 (rd.) 5
Do. 5 p.c. AUP.^,. 1861 (rd.) 3)
illure of full dividends in any
good out of the profits of any

01 10

I-
1 ipm
given half -•
subsequent

*
made

102

-year not to be
1 half year.

THIRD EDITION.

SUN OFFICE, SEVEN O'CLOCK.

LAW-THIS DAY.

COURT OF PROBATE.
(Before the Judge Ordinary and a Special Jury.)
SMETIIIIIVIT V. TOMLINS AND BANKES.-THE WILL OF

ISABELLA BANKES.

The plaintiff in this case, Thomas Smethurst, propounded
the will of the late Isabella Bankes. The application for
probate was opposed by the defendants, on the ground that
the will was not made in accordance with 1 Vic., cap. 26;
that undue influence was exercised ; and that at the time
the will was signed by Miss Isabella Bankes, she was a
person of unsound mind. The property in dispute amounts
to about £l,BOO.
Dr. Phillimore, Dr. Swabey, Mr. Bruce, and Mr. B.
Webster appeared for the plaintiff ; Sergeant Ballantine
and Mr. Merryweather appeared for the defendants, trustees
of the deceased.
Dr. Phillimore said the probate of will of Miss Isabella
Bankes was opposed on the ground above stated, but he
thought he should be able to show that the objections
raised against it were unfounded. The will was very short,
and bore date May Ist, 1859, after having bequeathed to her
dear friend Miss Jenkins, her brooch set with diamonds, it
proceeded, " And as to my real property, estate, and effects,
I give and devise the same to my sincere and beloved friend,
Thomas Smethurst, doctor of medicine, of 10, Alma Villas,
Richmond, absolutely for his own use." Having given a
short outline of the history of the case,
The following witnesses were called :
Mr. Frederick Senior said—l am a solicitor residing at
Richmond. I recollect the year 1859. On the 30th of
April the plaintiff, Dr. Smethurst, called upon me and pro-
duced a paper. On the following morning (Sunday), he
called upon me again, and in consequence of what he said,
I went to 10, Alma Villas. I arrived there about half-past
10, Dr. Smethurst let me in, and I proceeded to the parlour,
from thence iiricto.irc to the. boxroom, IN here I saw a lady in
bed. When we first went into the room Dr. Smethurst
said, " My dear, this is the gentleman come to make your
will." She merely bowed, and handed me a piece of paper,
which I believe to be that which I now hold in my hand.
I said nothing to her before she gave me the paper. I said,
"Is this what you wish ? Perhaps you will allow me to
read it to you." She nodded assent, so I read it over to
her. When I had finished reading it I said, "Is that
correct. ?" and she said, "Yes, except that I wish to leave a
brooch to a friend ; how can you describe it ?" Dr.
Smethurst said, " My dear, it contains the hair of your late
father, does it not ?" and she said " Yes ; and it is set with
brilliants and pearls. I said that would do ; I would de-
scribe it as such. Dr. Smethurst and I then went down
to the parlour, and I wrote out the will. The lady told me
the name of the person to whom she wished to leave the
brooch. The paper put into my hand is the will I drew out.
After I had done I went upstairs and read it over to her.
She said it was all right, and I said it would be necessary
to have another witness, and Dr. Smethurst said he would
call up 11iss Wheatley. When she came in I said, "The
lady and myself will see you sign the paper." Dr.
Smethurst said, " You've not said ' the will.' " I turned
round and said to the lacy in bed, " This is your will, is it
not, and you wish me and this lady (Miss Wheatley) to
witness your signature ?" She said, " Yes," and I then
gave her the pen and she signed it in our presence. After
the paper was signed by us as witnesses, I handed it back
to her. I thought, the lady was dying—she was very pros-
trate. As to the state of her mind, she seemed to under-
stand everything I read to her. Her voice was very feeble.
She was perfectly placid and calm.

Cross-examined by Sergeant Ballantine—The ladysigned
the name of Isabella Bankes. The word spinster was in the
will when I gave her the will. Dr. Smethurst told
me told me they were living together as man and wife,
but that they were not married. The lady Was lying
back in the bed, and was deadly pale. She merely answered
by nodding her head. Smethurst reminded her that the
brooch had the hair of her late father in it. I asked who
was attending the lady, and he said Dr. Julius and Mr.
Bird. He said she's in first-rate hands—don't you think so?

I said I had no doubt of it. I suggested, when Dr.
Smethurst came to me on Sunday morning, that one of the
medical men should be present at the signing the will. He
said, "Oh, no, there's no occasion; she's perfectly right in
her mind. On the contrary, I want you to come at ten to
get it all over before the doctors come at half-past ten." I
purposely went at, half-past ten in order to meet the doctors
there. I was in the house on the Sunday morning not
more than 25 minutes. The doctors did not come during
that time. When Smethurst came to me with the paper,
he told me it was what a barrister or friend of his in Lon-
don had written out, but the lady had wished to write it out
herself, but he thought it would be better done by a profes-
sional man.

Susannah Wheatley—ln April, 1859, I was living at 10,
Alma Vtll s, Richmond. It was my mother's house. I
recollect a man and woman passing by the name of Mr.
and Mrs. Smethurst coming to lodge there. I recollect the
lady dying there, They had been stopping there about six
weeks. The lady was very ill. Dr. Smethurst stayed
there the whole time. The lady was confined to her hod-
room all the time she was there. I once saw Dr. Smethurst
and the lady together. I remember the last witness being
in the house. It was on a Sunday morning. I went up
into the bed-room where the lady was ; it was about halt'-
past ten in the morning. Mrs. Smethurst, Dr. Smethurst,
and Mr. Sailer were there. When I got into the room Dr.
Smethurst asked me to sign. a paper. Mr. Senior asked me
if I would be a witness to the paper, and I said yes. I
don't recollect that Mr. Senior. said anything to the lady.
I don't remember that the lady said anything while I was
there. Mr. Senior:produced a paper, but I den' t recollect that
anything was said about it. I put my name to it, and Mr.
Senior did the same. Mrs. Smethurst also put her name
to it. I don't recollect who signed first. The lady was
very

Cross-examined by Sergeant Ballantine—They occupied
an upstairs bedroom and the parlour. The only time I ever
saw them together was when the will was signed.
By the Judge—l was seventeen years of age in the June
of that year.

Dr. Thomas Smethurst said—l am about fifty years of
age. I married in 1858. I have retired from practice for
the last eight years. After I retired from practice I went
to Mr. Smith's boarding-house, 4, Rifle-terrace, Bayswater,
when I first went there to live with my wife. After I had
been there about fifteen months Isabella Bankes came. She
came there in September, 1858, and remained there until
May. I was not acquainted with her previously. I became
very intimately acquainted with her, but not im-
properly so until after the marriage which was
performed between her and myself on the 9th of December.
The ceremony was performed at Battersea Old Church.
Miss Isabella Bankes was then perfectly aware that I was
already a married man. On the 11th of December we left
Rifle Terrace and went to Tunbridge Wells. We stayed
there a month, afterwards we went to Dorking, then to Sur-
biton, and next to Richmond. We lived at 10, Old Palace
Terracefor, 10 weeks, and finally we went to Alma Villas. We
went there on 15th of April, Miss Bankes first became
unwell about the 15th or 16th of March. Miss Bankes
mentioned the subject of her will to mo about a fortnight
before her death. She said, doctor, I wish you to do me a
favour. I replied, "With pleasure, what is it ?" She said,
I think I've got poor dear pa's complaint of which
he died, and I should like to make my will, you
will, therefore, write to your friend, the barrister, in
London, and ask him to come and make my will.
I knnw whom she meant by "my friend." I said what ?
I asked her, " What will do you wish to make ?" She said,
" You are the only friend I have on earth, and I therefore
wish to leave you all I have. Miss Jenkins is my next
best friend." I said, you had better defer your will until
you get batter ; but she said, " No, I'd rather not." I
said, if you don't it will leave an impression on your mind
that you will not recover. She said, "No, it will not." I
said, " I would not interfere at all in it. I don't require it.
I've sufficient for my use, and probably your sisters will
expect it." She said, " They are all now well provided
for." I said, "Itis a matter which has caused you some
trouble, the property being in Chancery. The will could
only be disputed if you made it in my favour." She then
said, " To obviate that I'll write it myself, and they cannot
dispute my writing." I then wished to decline it. She
said, " No, you must comply wilh my wishes." I said,
" Then you must write it, for I will have nothing to do
with it." She begged me to hand her her writing-desk,
from which she took a sheet of paper and asked me to take
down her instructions, which I did. She then requested
me to send it to the barrister to put it in due form. lac

cordingly did so. The paper was returned. I then showed
it to her, and after it had been examined I bttrnt the in-
structions she had given me. I went for Mr. Senior on
a Sundey morning, because she pressed me to do so
very ranch. I urged her as she was getting
worse to write for her sister Louisa Bankes (one of the co-
defendants) for her to come and see her. I wrote to her,
and having informed Isabella that I had done so, she said,
"Get the will settled before she comes." Miss Louisa
arrived about half-past 12 or 1 on the morning after the
will had been executed. I told her that her sister had made
her will in my favour, although 1 had resisted it with all
my power. The barrister I have mentioned is named
Smethurst.

Cross-examined by Sergeant Ballantine—The barrister is
no relation of mine. I have been very intimate with him.
lam certain he is no relation. He has called me "Dear
Coz " and I have done the same to him. He used to sign
the letters "yours affectionately," I did the same. I
first formed his acquaintance when he was a patient of
mine at Moor Park. I obtained about £7l of Miss
Banked money before her death. The barrister did not
assist me. It was the dividend under her
uncle's will. I saw the will at Doctor's Commons.

before we were married. It might be a fortnight or three
weeks. She wished me to go and see the will, to satisfy
myself that she had some property—for nothing else that I
know. I went there entirely on her account I took down

some notes, which affected her interest. I showed her the

note. I was stopped in taking the notes by the attendants,
who told me if I wanted a copy I must pay for it in the

regular way, She wrote to the executors for further infer-

mation touching the will. The letter put into my hand:is
the ore she sent.
The letter was read by the registrar. It was addressed
to F. J. Tomlins, and amongst other things it asked for the
loan of the c,,py of her sister's will.
Cross-examination continued—l saw the letter be-
fore it was sent. It was dated February 96, 1859.
It was dated from " The Grubs, Withyluan." I
had a friend there who received the' letters, and
forwarded them to us. She did not wish her friends to know
where she A% as, and I did not wish my wife to know where
I was. Mr. Trehern is the name of the gentleman who
forwarded the letters. He is in the service of Lord Dela-
warr. The letters were always sent to me. The dividends
under the will were sent through that channel. She re-
ceived the money and gave it to me. It was the only
money of her I ever had. When she left Bayswater with
me she did not have more than ss. I never represented to
her that my first marriaue was an invalid one. I never
told Miss Bankes that the woman I was living with was a
married woman. I never told her so, or anybcdy else.
I was tried and convicted for bigamy. I never
set up a defence to the effect that the woman
called my wife was already married. My counsel
did, but I,,don't know who gave the instructions. I heard
the detente with surprise, and I wrote on a slip of paper to
Mr. Sleigh, my counsel, rot to expose my first wife's ante.
cedents. My brother managed my defence. The reason I
did not tell Mr. Sleigh that it was not a true defence
was that I was in his hands and he was in the midst
of the cross-examination. They tried to set up that my
wife had committed bigamy. 1 again say I had no-
thing to do in getting up that defence. My brother
is a private gentleman—he formerly was s chemist and
druggist. I am now living with my first wife, and have
been ever since I left prison. I was formally convicted for
murder. I afterwards received her Majesty's pardon. I
then was convicted for bigamy, and, after undergoing a
twelvemonth's imprisonment, I went back to live with my
wife. She was a complete wreck, and I returned to live
with her because she had suffered so much on my behalf.
When I first met Miss Bankes, we commenced mutually to
make love together. She began first. I did not resist her
attentions.

By the Juilge—l am certain she wished me tu:/uarry her.
Cross-examination continued—lt began by making ap-
pointments to go out together. I cannot say that
I at all objected to her overtures. The ques-
tion of marriage arose about a month before it
took place. She began by saying that she had a cousin of
the name, I believe, of Tomlins, who had been secretly
married for three years. She also said she had another
friend in the same position. She asked me how I should
like a secret marriage. I made no reply. This conversa-
tion took place at Kenning-ton. It never occurred to me
to say " I'm already married." She knew I was already
married. Miss Banks has, before Mrs. Firth

expressed a wish for a secret marriage. When
the marriage proposed was made, I took out the license
about a month afterwards. I had then seen her uncle's
will. After Miss Bankes had received notice to quit the
apartments in Mrs. Smith's house she came to me, and said
she was very wretched, and asked me if I would consent to
a secret marriage. I made no reply. She said it cannot
injure you, doctor, as I'm sure your wife will not ap-
pear against you, ',WV' cannot, for I know you
aro already a married man. After this I met her again.
She then said, " I am very wretched ; let's go and live in
the country, and get away from our friends.'.' Having
then found that the love and attachment was so great I
said to her, "Would you not, before that, pre-
fer the marriage you have spoken of." I knew I
was going to commit bigamy, but I never thought
I should be punished for it, as it was perfectly
mutuil. I intended to watch over and comfort—(laughter)
—my first wife as far as money and other things are con-
cerned. I wrote to my wife while I was at tiichmond. In
that letter I told her I should I hoped soon return to her. I
wrote that letter on a Monday, and Isabella Banks died on
the Tuesday following. I wrote to my brother James on
the same day. I don't recollect seeing my brother James
while I was at Alma-villas. The letter to my brother in.
formed him that "J. B." was beyond all hope. 'When we
went to Alma-villas Miss Baukes was very ill. 'We went
to the house in a cab. I treated her for bilious diarrhoea.
During the time we were Irving at Mrs. Wheatley's she
cleaned the things away and did everything that was re
quired. She could ha\ e entered the room at any time she
pleased. She swore falsely when she said that I took the
things from her when she brought them up to Miss
Bankes, and prevented her entering the room. She always
had access to the apartment. In the letter I wrote to Miss
Louisa I gave her directions as to how she could come to
Richmond. When she arrived she was with her sister
Isabella alone for half an hour, lam certain of that.
After she returned to town I wrote to tell her that her sister
was so much worse that the medical men had prohibited
visitors. I told her in the note I would inform her when

she could again come to Richmond.
[A number of letters, written by Dr. Smethurst to Miss
Louisa Bankes and her answers thereto having been read.]
The witness proceeded—l was continually urging her
sister, Louisa, to come down to Richmond to see the in-
valid. On the second occasion, when Louisa Bankes came
to Richmond,she was alone with her sister for half an hour ;
that I swear. She only came to the house twice, and then

she had the opportunity of remaining with her alone
as long as she pleased. I recollect an interview
I had with Miss Louisa Bankes on the 19th

of May. Her sister was in bed and appeared much agitated,

and said, " I shall soon be well." I imagine that, from
the spirit of conversation, Louisa knew of my second mar-
riage. I and Isabella Bankes had had a conversation rela-
tive to the death of my wife. When Isabella Bankes pro-

posed the secret marriage she said such a marriage would
satisfy her conscience. When Isabella Bankes began the
subject of the probable death of my wife she said she was

very aged, and asked how long she was likely to

live. I watched my wife's life with as much care as I did

that of Isabella Bankes'. I had told her my wife's health

was good. I did not wish my first wife should die. I did

intend to marry Miss Bankes in the event of my wife dying,
Mr. Sergeant Ballantine—Then you did wish your wife

to die ?

Witness—No; I wished my first wife to live.
Mr. Sergeant Ballantine—Then you did not wish to
perform a proper marriage with Miss Bankes ?
Witness—Yes I did, when my first wife died.
Mr. Sergeant Ballantine —Then you wished her to die?
The Judge Ordinary—The gentleman wished to leave it,
in the one case, to the course of nature, but in the other a
different course is said to have been tried.

Mr. Sergeant Ballantine—Did you tell Mr. Senior that
your friend in London had drawn up the will.
Witness—l have no recollection of doing so.
The Judge Ordinary—Try and recollect.
Witness—l did not do so.
Mr. Sergeant Ballantine—Did you make a false affidavit ?
Witness—Yes, I did.
Mr. Sergeant Ballantine —Did you know the facts to be
false when you made it ?
Witness—Yes, I did.
Re-examined—l am not aware that Louisa Bankes knew
of the secret marriage with her sister.

The Judge Ordinary—How long was it after the secret
marriage was proposed that it was performed ?

W itness—l cannot recollect.

The Judge Ordinary—Oh yes, you can ; it is almost im-
possible for you to forget such evidence. You have had a

great experience in these matters.
Witness—l cannot recollect, my memory has been very
much taxed during the whole proceedings.
The Judge Ordinary—You say you went to, Doctors'
Commons.

Witness—Yes, she wished me to go to see her sister's
will.

The Judge Ordinary—For what.
Witness—To satisfy myself that she had some property.
The Judge Ordinary—Why did she do so,
Witness—l cannot tell.
The Judge Ordinary—Was it after she had proposed to
marry you ?

Witness—After, my lord.
The Judge Ordinary—Was it before you consented ?
Witness—l cannot say.
The Judge Ordinary—Stand down, sir.
This was the case for the plaintiff.
Sergeant Ballantine having opened the case for the de-

fendants, the proceedings were adjourned till to-morrow.

SHERIFFS' COURT.

SERIOUS STREET ACCIDENT.--11A.TWA.RD V. TROLMAN.

This was an action to recover damages for an injury to a
horse belonging to the plaintiff.
Mr. Buchanan for the plaintiff said his client was a cab-
proprietor, and upon a certain day one of plaintiff's men
was with a fare proceeding down Skinner• street. A cart
belonging to the defendant came out of Farringdon-street,
and rapidly crossed in front of plaintiff's cab. The horse
was struck and one cart wheel passed over its foot, inflict-
ing a serious injury. So far from defendant expressing any
regret he said that " his business was of more importance
than twenty horses," and "plaintiff's driver ought to have
seen him coming." Plaintiff only sought £5, though the
actual damage would be nearer IM.
'Witnesses were called, and Mr. Chamberlain, for de-
fendant, addressed the Court, calling evidence to controvert
that produced for the plaintiff.
His Honour found for the plaintiff with costs.
APPLICATION FOR NEW TRIALS.-lIUMPHREYS V.