The star. (Cincinnati [Ohio]) 1874-1875, 1875-06-01
h Spiritualism, Insanityi-Ths Opinion Of the
COurtg.

ID Spirttualism Insanity yI-The opinion OF tho
Courts.
The case, Robinson against Adams, in
the last volume of Maine Reports, just
Is very interesting com.
mentary on the question whether belief
in what is popularity called Spiritualism
is, In Its legal aspect, All insane delusion.
The case was brought before the Court
by an appeal from the Probate Court OF
Sagadahoo county, admitting to PROBATE
the will and codicil Of a lady.
Mrs. G. was a widow, and nveds In
Topsham at the time of her death. Her
only surviving child was the appellant
in this case, a daughter, who married
Mr.. Robinson, young lawyer, just be-
ginning practice in Bloomington, ILL.,,
where they have since resided. Mrs. G..
was a woman of property, the estate
being worth nearly 10000, and was de-
termined not to squander her posses
sions on her son-in-law and his family I;
indeed, from her visits to the home OF
Mr.. Robinson, and from all her relations
with his household, she conceived that
animosity and bitterness Of feeling which
is supposed to pervade the typical
mother-in-law.
After she became a spiritualist she re.
ceived the strong conviction that he was
under the influence OF a peculiar malig-
nant spirit, by whose aid be was able to
his wite's heart, SO that he could, while
standing in the garden or in some remote
vacant lot, "weave his web about Mary
AIMS mind" even when the said Mary
Ann was in conversation with her moth.
er, and that he thus estranged her who'll
ly from her tilial affection. Mrs. Robin.
son said that she received communica.
tions from her dead husband, "like
advice or letters from friend in some
foreign port" and that such communica-
tions were untayorable to her son.in
law.
With this state of feeling she made her
will in 1865, In accordance with the ad
vice, as she said, Of her dead husband
The terms OF the will and subsequent
codicil were long and complicated, but
the intent and result Of it were to carry
out the instincts Of the mother-in-law
control OF dollar OF her property" She
tied her estate up in trusteeship, anc
gave only email annuities to her daugh
ter. Mrs. r., her daughter, contested
this will as being obtained by undue in
nuence, and on the ground that the tes
tatrix was not" person OF sound mind
when she made the will.
This brought up the issue among othel
questions, whether or not the belief OIL
the testatrix in spiritual c0mmunica
tions was an insane delusion il it influ.
enced her in making her will. The case
came up on exceptions to the rulings o.
the Judge ct the trial Of the cause to the
| Jury. The opinion in the case is drawn
by Judge Kent. Probably no case iu the
reports iringes more upon the metaphys.
ical and Theological than this, although
strictly only the legal bearing OF tht
facts is in discussion. The case occupies
torty-tive pages of the sixty-second vol
ume OF Maine Reports.
| The counsel for the appellant he,t
that the testatrix was laboring unde
such delusions when she made her will
as TO constitute partial insanity; tina
Ishe s'believes something to exist which
| not only did not exist, but of which she
had no evidence sufficient to satisfy 0
healthy mind;" that the Judge ought tG
have instructed the jury that belief in
Spiritualisln is sucn an insane delusi0n
as to invalidare will male under its in
fluence, and to have assumed that Spir.
ltualism is nothing but "mischievOus
nonsense" which, ii believed in, consti-
tutes partial insanity. But the Judge
left it TO the jury to say whether or moi
the beliefs which the testatriX enter
tanned constituted an insane delusion
instructing them on this point as fol
lows:
Mfhe believed that spirits did com
municate with human beings through
mediums, was that fact alone an insane
delusion? Ii 80, gentlemen, undoubtedly
there would be very large number Of
people in the country incapable of max
ing wills. Then comes up the difficulty
OF our being able to say that because we
think thing absurd, therefore it is de-
lusion. Before you say u thing is a de-
lusi0n you must have evidence that it
does not exist" The full court held sub.
stantially that this instruction was cor.
rect, and refused to set aside the verdict.
The court held also that it as not in.
correct TO instruct the jury that they
might follow the same rule with relation
to sO-called spiritual communications as
to advice from an ordinary source, that
is, that the testatrix might think she
received advice from dead friends and
yet not yield her wishes and opinions to
such advice, and SO not be unduly in.
fuenced. The court did not meddle
with any theological discussion OF Spir.
itualism, nor by any means decide that
Spiritualism Is not delusiOn, but SIM
ply said that il was a question OF fact
what effect such belief had over a given
person at a given time. The belief
might produce monomania in one mind
and NOT disturb the healthy action Of an.
other.