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

course of the proceedings. II is ths-According to
the peadinSs the validity of the will challenged
''undue influence of Bernard Bsgot and other rels
tives. At the trial this charge was abandoned
But instead of telling the jury to find a
verdict negativing this charge of "undue influence"
Judge Warren first took their verdict given under
his own directionl that the will made under the
''delusou that the child was not the testators and
then excused" them from finding a verdict on the
charge OF undue influence All the Judges of
the Appeal Court condemned this. They were
agreed there evidence to sustain the charge,
and therefore it should have been negatved in the
verdict. The Master of the Rolls pointed out
that it is maxim of law to exhaust all hypothesis
accounting for the making OF will before admitting
''delusons' or insanity Therefore legally the jury
should not have approached the suggestion Of in
sanity or delusion until they had found that there
was no ground for imputing undue influence
A FLOATING IN THE
Much musement was caused i'll court the last day
by Judge Deasy asking Macdonogh, What do you
say to the persons who believed that Home, the
spirtualist, hoated III the air."
Master of the Rolls-An absurd opinion is not an
insane delusion.
Mr.. Macdonosh-It is subject upon which
have the most distinct increduliy.
Lord Justice Deasy-Ah. there are more things in
heaven and earth than thou hast dreamt of in thy
philosophy" friend Macdonough.
Mr. MACDoYoGH-Pcrhaps SO; but confess have
not seen any OF them.
The Chief Baron also observed, with reference to
an impassoned appeal from Mr.. Butt that the
Court should allow the verdict to stand and so put
end TO litigation that the pleadings on the part
of Mrs Bagot had been so drawn that even If this
should be decided III her favor it cannot prevent
John Lloyd Bagot starting an action of ejectment
against the child. Butt had to admit that this
true
1t is impossible not to admire the marvellous tact
with which Macdonogh has managed this appeal. At
the first trial he a shade confident. His
opening speech seemed to ignore all the faults OF
Neville Bagot. and to prepare his hearers
for finding modern Messaina in the
wife. He overshot the mark; consequently
there revulsion OF public feeling in favor Of
the widow But now there none of this exultant
or defiant tone but there was scathing representa-
ton OF the Judges errors and partially Once only
did he any invective against Mrs. Bagot This
just at the close, when he described her "a
young woman abandoned to her evil passions.
She of the most ferocous habits, strong and
violent-almost masculine in her ferocity."
Previously Mr.. Law made telling hit
against her. He said he watched her narrowly in
court when she called upon to describe how in
tercourse took place between herself and Neville Ba
got, she alleged. the night OF the pretended
marriage in the Registrars Office in August, 1875.
Mr. Law said mo blush tinged her cheek-there was
hesitation in her speech manner. Her de-
perfect, fautless. in fact worthy of ad-
miration."
The opinion is generally entertained that the Court
will reverse the decision of the Court OF Probate.