The Sun.
London, England, 1861-07-30 00:00:00

she gave those instructions, as her demeanour would
show if she were in a disposing state of mind or not.
Alderman Hale ruled that the conversation be-
tween Mrs. Bellis and the witness was not evidence,
and therefore could not be received.
Mr. Sleigh objected to the ruling, and asked that
a note of his objection should be placed on the de-

positions.
Witness—The instructions did not take me long,
but the interview lasted four hours, during which
she sent for Mrs. Jones, and inquired how many
children she had. The will was not executed at
that interview, but I remained in the house, and she
said she would send for me when she was ready. I
considered her a very shrewd, intelligent woman,
and in full possession of her mental faculties. Dr.
Jones came in about nine o'clock, and we went into
her room. At half-past nine I asked Ler if she
would execute the will, but she refused, saying she
only wanted rest and quiet. She asked me if I
thought she was going to die. I said life was un-
certain with us all, and took my departure, leaving

the will with Dr. Jones.
Cross-examined—This is the only transaction I
have had in making wills for Dr. Jones. I think he
asked me once about the form of a will. I think it
was about this very time. I never made any wills
before for him. I believe net. I cannot recollect if
I gave him the form of a will, or whether I altered
one for him. Ido not think it was Mrs. Bellis's
will. I did not know, as it was merely a matter of
a form. It was not on the Tuesday that he con-
sulted me. I might have told one of my clerks to
give him a form. Ido not recollect that he did. I
do not recollect if my clerk supplied him with
another form or not. I tell you I have an indistinct
recollection of his consulting me about the form of
a will. I did not, nor did my clerks draw up another
will on account of Mrs. Bellis.
Mr. Sergeant Ballantine—Look at this draft will,
and see if you know the handwriting.
Witness—This is a copy of a will I should say.
It is in the handwriting of one of my clerks. His
name is Grigg. It is Sophia. Bellis's will, by which
she leaves the whole of her property to Dr. Jones,
and it purports to have been drawn up for Mrs.
Bellis, of 31, Fitzroy-square. This will was not
made at all. It was drawn up at my office. I
keep a diary, but it would not appear in that.) lI
do not direct my clerk to draw out an) thing with-
out charging for it. It would not be entered in
the diary if I did not intend to charge for it. When
I draw out a form for a friend I do not charge for
it. I dare say it will appear in my clerk's book.
I might have given instructions for the drawing up
of this draft will immediately before going to see
Mrs. Bellis. I saw her on the Monday. At that
time she was a perfect stranger to me. It was only
by the doctor's (Dr. Jones') instructions before see-
ing Mrs. Bellis that I knew she wanted to leave him
all her money. Ido not say I remember the con-
tents of the draft will, but I see what it is.
Mr. Sergeant Ballantine here read the draft will.
Witness—My clerk wrote out that by my direc-
tion before I had seen Mrs. Bellis at all. I said I
never knew anything was to be left to Dr. Jones,
because I had not the slightest recollection of the
transaction whatever. Mrs. Bellis was a name
totally unknown to me. I confess to my recollec-
tion now that Dr. Jones called on me and asked me
if such a will would do.
Mr. Sergeant Ballantine—l am going to ask you
about another will, which I will read :
" This is the last will and testament of me, John Phil-
lips, of Kingham, in the county of Oxford, farmer. In the
first place, I direct all my debts to be paid, and give, and
devise, and bequeath all my estate, real and personal,what-
soeverFand wheresoever, unto my dear friend Dr. David
Griffiths Jones, of 43. Woburn-place. Russell-square, Lon-
don, his heirs, administrators, executors and assigns, ac-
cording to the several natures and qualities thereof respec-
tively, for his own abselute use and benefit, except that my
niece, Mary Phillips, is to receive out of my said estate the
sum of £l,( 00 sterling,to be paid 12 months aftermy decease,
and the use of my house, New Cottage, situated at King-
ham aforesaid, during her lifetime, and I also give £lOO to
the poor of the said parish of Kingham. I give and devise
all estates vested in me by way of mortgage, or as trustee,
to my said friend Dr. David Griffiths Jones, to hold the
same to my friend Dr. David Griffiths Jones, his heirs,
executors, administrators, and assigns, according to the qua-
lities thereof respectively, upon the trusts and conditions
affecting the same. I appoint my said friend Dr. David
Griffiths Jones sole executor of this my will, and hereby
revoking all former wills byme at any time heretofore made;
and I declare this to be my last will and testament, in testi-
mony whereof I have hereunto set my hand this 16th day
of February, 1861. " JOHN PHILLIPS."
Witness—l know nothing of that document. I
never saw it before. I knew Mr. Phillips very well.
Dr. Jones never consulted me about that will. The
affidavit produced, dated March 23, and sworn to
by Dr. Jones, was prepared by me. It was drawn
up in my office.
Mr. Sergeant Ballantine here read the affidavit,
which was to the effect that no other will of any
kind, executed or unexecuted, in Mrs. Bellis's name
was in existence.
Witness—When I drew up that affidavit I did
not recollect the draft will. I was the attorney for
the plaintiff in a cause of Harman v. James. I was
not charged with perjury in that case.
,The Vice-
Chancellor did not charge me with perjury.
Mr. Sergeant Ballantine—Did he not say that it
had been proved, against the evidence of the plain-
tiff and his attorney, that a certain conversation did
take place which they had sworn did not occur?
Witness—He might have said so.
Richard Huthmans said—l am a mechanical en-
gineer at Oxford. Dr. Jones. married my wife's
niece. I was at his house on the Wednesday refer-
red to. Dr. Jones told me, in Mrs. Bellis's pre-
sence, that she had obstinately refused to see
another medical man ; but. I recommended him to
call some one in, and he sent the nurse for Dr. Mur-
phy. In the absence of the nurse, Mrs. Bellis ex-
pressed a wish to execute the will, and Dr. Jones
asked me to call up his man to witness it with me,
and I did so, and on returning to the room I heard
him assuring her that her wishes should be carried
out, and that she should be buried by the side of
her son Frank. Mrs. Bellis was looking at the will
and Dr. Jones asked me to read it to her, but she
said she knew the contents, and did not want it
read. Dr. Jones then asked me to explain it to
her, and I told her that by the will she was leaving
all her property to Dr. Jones except £5OO to the
Society for the Prevention of Cruelty to Animals,
and she said that was quite correct. She then at-
tempted to sign the will, but her hand trembled,
and the ink falling from the pen blotted the will.
She hesitated at first because Dr. Jones asked her
if her right name was not Isabella. She said no,
it was Sophia, and she then asked Dr. Jones to
assist her, and he held her hand while she signed
her name to the will produced. I gave her the will,
and she handed it to Dr. Jones. She appeared in full
possession of all her mental faculties.
Cross-examined—l have been a master of a work-
house, but have not been turned away. I did apply
for a character, but it was refused. I know a place
called Hadley, near Barnet. I paid Mrs. Bellis a
visit there for Dr. Jones. I did not ask her for £5OO.
I know Sharpe, but I did not tell Mrs. Bellis that
for a certain sum of money I would tell her where
Sharpe was. This was in the autumn of last year,
and she said Sharpe owed her between £7OO and
£BOO.

Re-examined--I 'have since received the highest
testimonials from the vicar and the chairman of the
board of guardians. I had a purse of 200 sovereigns
presented to me for 18 years' service.
Samuel Proctor, the other attesting witness, gave
similar evidence, and in cross-examination said—l
have been three years with Dr. Jones. He kept a
hydropathic establishment, and I was bath-man. I
never visited his patients as a doctor.
Susan Wells said—l was attending on Mrs, Bennis.
I fetched Dr. Murphy about 1 o'clock on the morn-
ing of the 14th of February last, and within an
hour after she was dead, and I read a chapter of
the Bible to her on the Wednesday night, and she
said she had a friend abroad to whom she should
have liked to leave all her property, but afterwards
she said she would leave it all to Dr. Jones.
Cross-examined—l never saw Fitch, and never
knew he was four hours with Mrs. Bellis.
Mr. Sleigh said that was the case for the defence.
Mr. Sergeant Ballantine said—My friend com-
plained of my observations about Fitch, but it now
turns out that although he swore he knew of no
other will, that one was found cut and dry, prepared
by him, among Dr. Jones's papers, and all I have
to say upon that subject is that I never heard of a
respectable attorney pursuing such a course, and
that the conduct of Fitch will be a matter for very
grave consideration elsewhere.
Alderman Hale—ln a case of such great import-
ance I certainly shall not take upon myself the re-
sponsibility of deciding. Where the evidence is so
conflicting I think it should be left to a jury.
Mr. Sleigh—With regard to bail, sir ?
Alderman Hale—l shall not take bail.
The prisoner was then committed on both charges,
y
gdeas,
but the formal committal was postponed unti
to allow time for the depositions to be prepared.

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