The New York herald., 1868-05-10
NEW YORK HERALD, SUNDAY MAY TO- lses-TRIPLE SHEET

trsordinary that he should have abstained from
nS s s n OF Of
have become the disciple IN spiritual matters Of this
% olS woman Tested " tue mafDerGovered S BOOK
ments were false The plaintiffs statements, on the
other hand; were corroborsled 5y many cifcqm-
Mr.. Matthews, o. c., opened the defence ON behalf
Of the % defendant Home it had been assumed on the
actions rested upon the defendant, but when the
lstionship Of parent and child, guardian and ward
influence, In the words OF Lord Kings down Smitn
vs.. Kay, House Of Lords cases, page 75o) must be
Of the extraordnar1 poWer Of evokns the spirts Of
the dead claimed by the defendant but they have not
adduced any evidence that he does claim such power
His answer distinctly denies it-"I do not profess,
and never did profess to have the power Of evoking
the spirits Of deceased persons of putting other
Is without any voitiOn whatever Of my own" Has
plaintiff satisfied the court that sne was subjected to
any influence, or that sne was persuaded by some
to make these gifts to the defendants 1t was an
admitted fact that Mr.. Home was, aud had been
the many eminent names arrayed the side Of spir
itualism IN France and Germany, as well as 10
Aera and THIS ~ was 70 % n ss
badge Of fraud and imposture and would taint any
transaction. Look at Mesmer, who was despised
was now approved and adopted by our most emnt mt
physicians and In our hospitals. Without inquirlng
wetseT gifts Induced by mans
festatons or rather by the comic scenes described as
such by the plalntifrs What had been the previous
with the palntir he had not made one single six
pence by his spiritual belief He had passed his life
before the world but not single mercenary indeli-
cate or improper motive had ever been imputed to
him up to these transactions; lMr. Matthews re-
to the aa Of MI ry the consulting
truthfuness and honesty and Of the truth
verest scrutiny and under the most rigorous cOndi-
tions, and to the testimony OF DIR. Hawkins Simpson,
DE- Gully Of and Others to the s,s same eect
ment on behalf OF the defendant, the evidence for
the defence was put In and read. This evidence con-
sisted Of thrty-seven afidavits extending over sew
enty-three folio pages, and 1t would be, Of course,
impossible within reasonable limits to give anything
like full abstract of them independently Of the d
fcuty OF doing from the very rapid tone in which
they were read and the numerous omissions.
Miss Lefebvre, stranger to Home, had known the
plaintiff for four years. Plaintiff had four years ago
told her that her husband was not dead; she knew
better because she ''saw his spirit" In December,
tion Of son. as she wanted somebody to take care
of her; talked Of his every high friends" The
count now given by the plaintiff about her adoption
OF the plaintiff and the character she gave him 'df
fer entirely from what she first said to me-"
Mrs. Head, who was seanstress at % Sloane
street in October 1866, described Mrs. Lyons visit
to Home late in the afternoon Of Tuesday, the I'd Of
October just as he was waiting to dress to go out to
dinner; his look indicative OF impatence and wish
the sofa looking at large graphic picture and
Homes leaving the house ia about twenty minutes
being any ACCORDION or writing materials on the
table at the time. Witness also described Mrs. Lyons
swering Homes bell, after paintifr had been there
an hour or two, found plaintiff with Mr.. Home in his
bedroom looking at some lace and embroidered
chemises. On answering the beu again Home said,
hour, am at home to her." The lady said, eyes,
for he is my son. love him and ana going to adopt
to love or for me-" she then stepped up close
to him. and put her arm about him, and looked most
lovingly into his face On Homes return to town
plaintiff came frequently and almost daily to visit
him, and her frequent visits and what sne had done
for him were a joke and remark In the shop.
Mr.. and Mrs. Burns, spiritual librarians" deposed
to the applications made to them by the paintifr at
the end of September 1885, In reference to the Spirit
udt AthenGum and her inquiries as to his circum-
stances.
Mrs. Mauriey of Albion street, Hyde Park deposed
to what was said to her by Home on the 9th of Octo
ber 1885, to the sudden determination Of plaintiff
to adopt him and give him a fortune. Had known
Home since April, 1885, and had never had cause to
doubt his honor or integrity.
Mrs. Cox, Jermyn street. old friend Of the de-
fendant and always trusted by him In all his money
matters, gave similar evidence.
Messrs. Taylor and BackhOuse, stockholders, who
had sold the stock to realize &24 600 the 1lth Of
October, 1865 and transferred the Co. 600 the 10th
OF December, spoke to the busness-like and decided
manner Of the plaintiff and her afectionate bearing
towards tow Home % her pride IN having adopted him.
Backhouse she loved him rs mother and would be
O mother to him.
MIR. and Mrs. II. W. Spratt members of the execu-
tive committee of the Spiritual AttenGuna, depOsed
to the power Of seeing spirits claimed by the palm
she spoke OF Homes power as q medium, her deep
affection and solictude for him.
Mr. Wilkinsons answer then read, stating his
surprise at the statements made by the plaintiff and
the care that he had taken to protect her ayanst in
juring herself by giving away her property without
the fullest determination on her part, his remon.
strances with her. and clear statement OF the legal
and other consequences OF what she was doing. Mr..
Wilkinson described at great length his conversation
Of the 18th OF November 1885, with the plaintiff on
the subject OF her will; his advice that the pro-
perty had come from her husband, 1t would not be
tons for the purpose OF satisfying himself that she
was under no control or improper influence;
her assurance in the most positive manner that in
by anything connected with spirituaism, but that
she had taken the greatest liking to Mr. Home and
found him all that she could wish, and that 1t was a
delight to her to find that she could make such q
good use Of her money. Mr.. Wilkinson in reference
to the transfer of the O0O referred to his letter OF
the 1lth OF December 1868, containing the following
passage:-I wish to bring clearly before you that In
making the gifts o. $4,000 which you have DONE
power Of revocation, and as have known Mr.. Lyon
SO long and 80 intimately shall best do my duty to
legal advice In carrying out the business If you think
Mr.. Wilkinson also described his conversation
with the plaintiff on the 18th Of December, 1865
urging her again to consider the matter and not
to allow any question: OF saving legacy duty to
perty. "a great portion Of this conversation had
been already given In the account OF the paintifrs
s-examinaton.) He asked her n she were de-
srous OF doing this In consequence Of any spirit
municatiOns, for that II so, he would have Othing
to do with 1t on any such ground. She said that
''she not Influenced by anything but the inten-
ton OF placing him In an Independent position and
saving the legacy duty, as she was satisfied she
should never change her mind" After detailing
some other business arrangements Mr.. Wilkinson
stated his having again, In May, 1857, brought her
will under the notice Of plaintiff and again suggested
that she should not exclude her relations She said
that she was Just well satisfied with him (Home)
as ever and that nothing could surpass his kindness
to her. Ths conversation, as stated by Mr.. Wilkn-
son, is given In our report toward the end Of Mrs.
Lyons cross-examination on Friday.) On seeing her
on the 18th OF June Mr. Wilkinson found plaintiff In
very excited state She said she had not had proper
advice and ought to have been asked 10 have another
solicitor. Mr.. Wilkinson replied that the gift
quite against his wishes and advice and that If Home
had deceived her. she sad she had efectually
concealed Il from him, and that he could not believe
she had been acting a part with him for 80 many
months for no reason at all. Mr. wilkinson denied
most emphaticaly that the plaintiff ever informed