The Sun.
London, England, 1862-04-26 00:00:00

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 acc3rdance 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 plaintifl ; Sergeant Ballantine
and Mr. Merryweather appeared for the defendants, trustees
of the deceased.
This case was resumed this morning. This first witness
e flied was
Miss Louisa Bankes, who was examined by Mr. Sergeant

Ballantine. She said—l am the sister of the lady whose
death has been mentioned. Some time after the death of
our parent we resided together for about four or five years.
My father died about 20 Sears ago. I remember my sister
going to reside at Mrs. Smith's. I was in the habit of see-
ing her there. I recollect her going to Kildare-terrace. I
visited her- there, I noticed an apparent intimacy
between her and Dr. Smethurst. I spoke to her upon
the subject. I told her I did not think it was correct
of her to go on with him, as he was a married man. He
said he was not married. Subsequently to that I heard
she left Kildare-terrace, and in about a month after I re-
ceived a letter dated from " The Grubs." I received a letter
from her in A?ril. In consequence of that I went to Alma-
villas, Richmond, and there I found my sister apparently
living with Dr. Smethurst. He opened the door to me
He went up to my sister's bedroom before I did. He came
_ _

down in a few minutes, and then I accompanied him up
stairs. I found my sister in bed, and she appeared very
dangerously ill. She was very much changed indeed since

I last saw her. I spoke to her first in. Smethurst's pre-
sence. I asked her how she did, and she said, very ill. She
then spoke about her money, and said she did not think it
was as much as it ought to have been. She referred to her
dividend. She had made the observation of being all right
soon before that. She said, if you wait a little it will bo all
right, she turned round to the doctor and said " Won't it?'"
and he replied "Yes." I remained in the house about

three hours, and during that time I was not with my sister
for more than a minute at a time. Smethurst told me to
come out of the room, as she could not bear my society.
I was pot alone with her at all. She did not appear,
affected by my presence, on the contrary I thought she
was pleased. Mr. Lowe, an eminent surgeon, is a
relative of ours. I mentioned his name to Smethurst.
I proposed that he should sea my sister. He said he thought
it was better that he should not. Smethurst mentioned the
subject of the money, He said he thought it ought to have
been more, and he could not understand why it was not.
He did not mention the sum. I said it was the legacy duty
that affected it. When I left, I asked to come again.
The Judge—Who?
Witness—l said to Smethurst in the presence of my sis-
ter, that I should like to come again, and he said I should
do so.

Examination continued—l left, and the next day I wrote
to Smethurst. I received an answer ; in consequence of
that communication I did not.go. I then received a letter
from Smethurst, dated April 30. When I got down on the
Sunday I found Smethurst there, and my sister in a state
of prostration. She knew me. I was never alone with her.
I only remained a few minutes, because Smethurst told me
to come out of the room. I had no conversation with her
at all. She could not speak to me. I arrived at Richmond
between 12 and 1. I made a proposal to Smethurst to re-
main and sit up with my sister, but he refused. My sister
was then in a very feeble state. She made an effort to
speak to me, but could not. I did not see her again that
day. I stayed in the room down stairs. Smethurst
remained in the bed room. I did not give her
any medicine. I slept that night at a lodging in the
neighbourhood. I went again to Alma Terrace next morn-
ing about 9. I did not see my sister. Smethurst told me
she was too ill, and that the room was not arranged. I
saw her in the afternoon between 4 and 5. It was before
Smethurst was taken into custody. I had been sent in the
interval to London for medicine by Smethurst. He said
he wished me to get some medicine made up in Bond-street.
He said it would be better made up there. Dr. Julius was
told of it, but he said he did not think it would
do any good. I made an objection to go to town,
and Dr. Julius said I had better not go. Smethurst
wished me so much to go that I ultimately went.
Smethurst was at home when I returned. I was with my
sister all Monday night as nurse. Smethurst told me he
had been taken into custody, but admitted to bail. My
sister, on the Monday night, was in a very weak state.
She thanked me for being with her, and wished me to re-
main all night. I did so. She slept during the night. I
was with her -lust before she died. Excepting on the Mon-
day night, I never had any private communication with her.
I did not know, until alter her death, that a will had been
made. My sister was a very nervous excitable person; her
health had been gcod.

Cross-examined by Dr. Phillimore—My mother died
previous to my father. There wera_sixjl7. the family when
my father died—four sisters and one brotherrrof
sisters is Mrs. Tomlins, another Mrs. Haffenden, myself,
an elder sister, and and the deceased Isabella. My elder
sister is dead. After the death of my father I resided at I
Brighton. I cannot say positively how long my sister and
I resided together. After we left the former place we went
to Notting-hill to live. Two years elapsed before she went
to live at the boarding-house. During that time she re-
sided with her brother. She assigned no reason for living
apart from me. We never had any quarrel. I went to see
her about three weeks after she went to live at Mrs. Smith's
boarding-house. She was associating more particularly
with Mrs. Firth. I did not find her associating
greatly with Mr. and Mrs. Smethurst. She introduced
me to Smethurst, but not to his wife. A very short time,
elapsid previous to my going again to the boarding-house.
I saw him on two or three occasions when I went. I think
I went to the boarding. house within a week of her leaving,
and then saw Smethurst. I then thought Smethurst was
paying attention to my sister, but 1 did not.notice any great
intimacy. It was about a week after she left Mrs. Smith's
that I saw her at Kildare-terrace. I don't recollect any
conversation taking place between us at that time
other than telling her about going on with a married
man. I think I mentioned the subject of my seeing
her at Kildare terrace when I was examined at the cri-
minal trial of Smethurst. I never recollect speaking
to her on the subject of her intimacy with Smethurst
except at Kildare-terrace. I never knew they were
living together as man and wife. Smethurst told me
to ask for Mrs. Smethurst, but he did not tell me they were
married. The first time I became aware of an improper
intimacy existing between them was when I went to Alma-
terrace. When I wrote the letter dated the 30th of April
I suppose I must have known of the improper intim icy.
In that communication I said, " Rest assured I shallremain
perfectly silent about everything that concerns you."
That referred to the improper intimacy. My sister had
the power of disposing of about £l,BOO. The money was
left to us that on the death of one sister her money went to
the other. I told her that the amount of her dividend was
the same as mine, and that appeared to satisfy her. I don't
recollect the remark I made•to my sister before she said,
"it will be all right soon." When I mentioned the name
of Dr. Lane, Mr. Bird and Dr. Julius were in attendance.
My sister's business was generally arranged for her by
relatives before she went to the boarding-house. My sister
always paid her own bills and kept her own accounts.
Re-examined by Mr. Sergeant Ballantine—When I
wrcte the letter of the 30th of April I thought my sister
was very ill.

Mr. Jennings Torolins--I am one of the plaintiffs in
this cause. Previous to Miss Isabella Bankes going to live
at the boarding house she resided with me. I then con-
ducted her business. I always looked upon her as a lady
with a very weak mind. She knew very well if she had a
bill to pay the amount she had to pay. In other matters
relating to her property I have had the greatest difficulty
to make her understand.

Cross-examined—l don't think Isabella Bankes was at
all capable of managing the whole of her business affairs.
I don't think she had the power to make a will. She might
have been able if she had a certain sum of money to dispose
of by will to say A B or C is to have so and so, but, as to
put ting those directions into the regular form, she certainly
had not the power.
Dr. Julius, examined by Sergeant Ballantine—l am a
medical practitioner residing at Richmond. Mr. Bird, at
the time of this particular transaction, was my partner. I
was first called in to see Miss Bankes on the 3d of
April. I found her suffering from diarrhoea and slight
vomiting. I prescribed for her and saw her on the follow-
ing morning, and continued to do so every day till the 18th.
I was unable to make any impression on her disease. She
went to Alma Villas on the 15th. The disease was a
very prostrating one. I desired that my partner Mr. Bird
should see her. We consulted on the matter. After the
18th, I did not see her until, I think, the 21st. Dr. Todd
saw her on the Thursday preceding her death. We were
together at the consultation. She was then suffering from
the same disease. I had a communication with Dr. Alfred
Taylor, and after that an instruction was given to the ma-
gistrate. I only saw her on three occasions, bat only once
at Alma Villas. Smethurst was always present. When 1
saw the lady alone at Alma Villas, 1 had seen Smethurst
previously in the town, and then I went and procured an
evacuation for analysis. I got to the house before he re-
turned. When I spoke to Miss Bankes, she turned her eyes
to Smethurst, who then spoke for her. There was a
look of intense suffering and agony about her countenance
and a sort of wildness about her eyes.,There appeared to be
a kind of terror about her. When I saw her in company
with Dr. Todd I found her very exhausted. She looked
very sallow, exceedingly prostrate, and with a very wild
look. The look of terror was most peculiar that evening.
Smethurst was present all the time we were there. I am
unable to give any natural cause of her death. The 'medi-
cine I gave was principally of a soothing character. None
of the medicines I ordered would account for the appear-
ances of the lady; lam certain of that. I saw her in the
afternoon after she had made her will. She never spoke to