The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-16
A CELEBRATED CASE.

CONCLUSION OF THE ARGUMENT ON THE BAGoT
wILL-PEN PICTURES OF TWO GREAT IRISH
LAWYERS MIR. MAcDoNoGH's AWKWARD
PosTfgoN-THE SUPPRESSED PAPERs-CHARGE
OF THE JUDGE IN THE LOWER COURT
REVERSAL OF THE FORMER DECISION.
DUBLIN, Jan. 81 1879.
The curtain has. for the present. fallen on the
Bagot Mr.. Macdonogh finished on Wednes-
day tho arguments of his general reply to what had
been said on behalf Of Mrs Bagot. The Lord Chan
cellor announced. as every one expected, that the
Court reserved its decision.
The first two acts of the second edition of the
Bagot may be said to have closed on the Path
The way it comes before the Court of Appeal is this-
At the first trial. it will be remembered, the jury
found that Neville Bgot had been laboring under an
"insane deluson" when asserting that the child
borne by his wife. Miss Werner three months after
their marriage. was not his. Hence they quashed
his will having been framed and signed under the
influence of this "nsane dclusion." The appellants
against this decision the executors named in
the will-Bernard Bagot. brother of the dead man.
and Mr. Holmes. who had had the management of
the property during Nevilles lifetime and knew him
well. They contend that the Judge charged the jury
most unfairly, putting forward all the evidence in
favor Of the widow. holding back much that made
for the will and CLOSING over ugly passages danag
ing to Miss Werner while he let in full light every
thing that told against the Bagots This is substan
TALLY the ground upon which they seek to upset tho
verdict of last May and have the sentfor a
trial. Some side questions have arisen and the con-
troversy has been complicated by the fact that
some fresh documents of great interest have
to light since the trial These are all com
munications between the deceased and his
LAWYERS previous to the making of the will
Strangely enough Macdonogh who is now the leading
counsel against the widow, then strongly of
oninion that Neville agot could not hone to shake
of the paternity OF the child, and that in protesting
the child was his, che must be laboring under some
delusion." Rather strong from the man who knew
all that Neville Bagot and his family could say. and
was acting the part Of confidential adviser!
TWO GREAT IRISH LAWYERS.
Mrs. Bagot has no longer for leading counsel the
Tr;sh solicitor General who conducted her case last
May to so triumphant an issue. He has since been
made Judge of the Court OF Appeal; but an excel
lent rule of Judicial etiquette orbds his taking part
on the Bench in judging case in which he formerly
acted counsel: But she cannot be condoled with
t tn whom ho yesterday the Court ''' referred
No LAWYER who had had great experience in tesla
mentary cases, and who, at the close of his three
days speech, was complimented by the Lord Chan
ceilor as president of the Court. upon the very
powerful argument" which he had made for Mrs.
Bauot The leader OF the other side, Macdonogh, is
the same who conducted the attack on the widow at
ing been practising since November. 1922 just half
century ago. He was one OF the counsel engaged for
the defence in the great State prosecution instituted
against O. Connell by Sir Robert PeePs government.
He has had great experience, has the reputation Of
being most skful and cautious and willy in his
manipulation of juries. Many years ago he
must have obtained the highest honors of
his profession had he not labored under a
cloud 1t is said that in early youth he Roman
Catholic and ut a time when the popular faith was
bar to promotion he ''ratted-adopted the creed Of
the ascendancy party Still his reputation udicous
management of case is second to none. and he has
certainly shown his consummate skill many occa-
sions during the present trial MIR. Butt is
cast in different mould. ne is Internationally an
about eight years He is deeper lawyer
and has probably had ID. more more, varied eI
is only plcader. withal it may b.
said without dispute that Macdonogh's management
of case full of shoals and breakers. is likely to be
he seems to have shown some want OF discretion-of
that farseeing provision of possible consequences
which is exactly what all who know him expect from
Prank" as he is Familiarity called
AWKWARD POSITION.
When the was being got ready for the Probate
Court the question arose-What documents should he
presented on the part OF the executors who were
maintaining the VIII? 1t is the rule that all
what were the intentions of the testator-shall be
brought into court in order to afford the judge and
jury more ample means OF deciding. in Of dis
pute whether the will propounded really expressed
the intentions Of the testator. Now in this
case there were some documents one espe-
cialy-whch Fry, tho attorney to the executors and
Bernard Dsgot thought likely TO damage their
This was q "case'' drawn up under Neville Bagot's
opinion to Mr.. Macdonogh. It gave an elaborate
history of the relations between Miss Werner and
Neville n1gS. OF n 40 ncb ~ them ss S p OF
disclose. The advice of counsel was asked to
whether. should Bagot make will utterly disownfng
the child. there danger OF its being impeached
on the ground of having been made under deluson.
This has often been commented upon during the
case and it has been said that never before did
ask the lawyers opinion beforehand as to whether
his will might be upset on the ground of deluson.
1t upon this case that Mr.. Macdonogh wrote:-
no fbn
as beng established by presumption of law and
controversial by evidence of fact. Mr.. Bagot
must be aboring under some delusion against which
desire to guard him and his family" 1t may be
parenthetally said that it looks odd now to and the
man who wrote this when he had before him all that
could be adduced against the paternity of the child.
including the medical evidence, should
strcnuously and ably argue that Bagot labored
under no delusion, and that not only the child
not his but could not have been his. But to come
back-it clear that this "opinion" of Mac
donogh If published would tell greatly in favor of
the widow. shortly before the trial he was asked
whether the case and his own opinion would come
under the head of scripts" which must he pre-
scented to the Court He gave it as his opinion q
lawyer and his direction and advice that these
papers not scripts" and ought not to be pre-
ssntcd. And, further under his advice Bernard
Bagot made affidavit declaring that he had laid be-
fore the Court every scrap of paper connected with
the will. although he was keeping back these docu-
ments Thcir existence slipped out during the trial.
and there cannot be doubt that tho keeping of them
back influenced public opinion against the Bagots.
SURPRISING EVIDENCE.
Butt referred it at great length in his argument
now dealing most unmercifuy with Fry. the a,tor-
new. and bernard Bagot He asked the Court to be.
lievc that these would do anything and to con-
slider the whole tainted by this suppression of
evidence" Mr.. Macdonogh addressed the Court in
explanation taking himself all the responsibility
More than of the judges declared Macdonogh
quite wrong in deciding that tho documents not
scripts" But they also said that Fry and Bernard
Bagot would not have been justified in acting con
trary to Macdonoghs directions. II is unncces-
sary 10 refer To che evidence, Much of 1t read
over. We hal it that during the early days of his
married life Neville Bagot when he out OF his
bedroom in the morning. used TO have pint of
champagne before breakfast; at lunch he had pint
of champagne; before he went out he had sherry
and btters, and after he returned no had again
sherry and bitters. At dipner he took sherry and
champagne and wound up III the evening with
whiskcy and water. All this time he taking
opium a sedativc ON account of the pain he used
to suffer Tho Court gave decided opinion that the
Judge did unwisely I'm poohpoohing the strong evil
dence of the doctors that Dagot incapable"
The Lord Chancellor observed that gr. in u matri-
monial case, court would for moment listen 10
statements Of husband or wife avcrring that 1t had
taken place in the teeth of medical evidence OF i'm
possibility.