Year: 1879

the REGISTRAR which nc contended was not denied by
the testatOr.


WHAT CAUSED THE SUDDEN CHANGE?


To illustrate the working of the delusion on the
testators mind. counsel said that the 18th March
his purpose certainly was to leave the estate to that
child and on that day he executed very solemn in
strument with that object. Yet within three day
beyond all question he had altered his most solemn
purpose, and settled his will in totally different
way. Therefore. between the 18th and nth. they


had this total change of purpose the only thing that
happened in the meantime being that his wife had
vexed him by not coming to Chester. He contended
that the whole transaction was not the transaction OF
rational man. In u statement submitted to Mr..
Purcell o. G. for the police Office case, the testator
stated that he had found out week after he
married that the child not his. Where did
that statement come? The persons who about
him and who were constantly consulting with him
were responsible tor this case. How did that
statement, that a week after his marriage he
discovered that he was not the father of the child
how did that statement get into the unless there
was some new statement about that and certain
that the esator took active part in all these things
He relied upon these facts and upon the constant
vacillation he showed. There was instance which
he founded as evidence in support OF his IDEAS
She went out and walked in the lawn opposite the
hotel with officer who married
to near relative of hers. He that from
the window. and obviously his mind fast
cned on that act impropriety. The most
important part of this aspect Of the that he
thought 1t showed of the most decided proofs of
insane delusion because he had all through argued
and confessed that dclusion would not be tenable
unless it proceeded from diseased mind. He not
only deluded himself into facts, but he also deluded
nlIlselt totally the motives
under which he had acted at a former time. because
he thought they might that he believed the
child to be his with which she was pregnant when
he married her.


ACCUSATIONS AGAINST MISS WERNER


In reference to the evidence given as to the meet
ing of Mrs. Bagot and Miss Werner with the officers
in Chester he said that the accusation against the
ladies was so incredible and abominable that he
would not take up time with it, more than by saying
that such transaction never occurred, and he was
certain that their Lordships could not believe it
could have occurred with two gentlemen
having Her Majesty's commission and wearing
Her Majestys uniform. point had been
raised in regard to the letter of Mrs. Bagot as a
condition OF her marriage. that she to give up
her lovers, and on, but what there that she
would not have written to have had the marriage
made public at the time for they should remember
that he had said that the former marriage void
He hestated about doing justice to her by marrying
again but by long etreaty lie yielded Never there
case opened with a more malignant attempt to
destroy and blacken the character of this lady
than there in this by statements which
vanished into directly the contrary when inquired
into. What could they think of the statement that
she having IL 900 interest in this case seeking
the husbands immense fortune to spend it in
prohigacy in London? Was the Judge wrong in tell
ing the jury that the boy was the person really in
terested?


The Master of the Rolls was Of opinion speaking
for himself, that the question of insane deluson
should have been explained in some way by the
Judge


STRONG ARGUMENT AGAINST A NEW TRIAL.


Counsel, i'll conclusion said that he more
pressed on their lordships what he would submit to
be the truth as to the facts of the Take that
trial with all its incidents-take it with everything
that had been proved. take it with the
objections of the counsel on behalf OF the
defendants to the Judges charge-and he would
have gone through more of them, but really most
of them referred to undue influence, and there was
of them Of any moment except the one to which
he had called attention, and he took with all that
and he did look at the evidence he had intended to
present it to their lordships-and he asked them
the to be sent to trial. they
isfied, except it might arise from the default
of the defendants themselves, that Ihe trial had
been brought to conclusion that would
satisfy their minds to its justice?
He did not leave out of that the suppression of
the evidence which aclog around their necks, and
which ought TO be u clog around their necks. Let
them just look at the expense OF the trial. He
thought If ever there for their lordships
exercise the discretion vested in them new
trial this The public mind had been
poisoned by Investigations that it would be far
better had into u court of justice.
Those considerations were, to certain extent.
within their lordships' ken upon of this kind.
He would especially say that, unless the Court had
reason to believe that there was mistake made in
the verdict, and that another verdict required,
they ought not to send the to trial. but
should take upon themselves the responsibility of
saying 1--WE think that substantial justice has been
done, and therefore will not disturb this verdict.


The honorable and learned gentleman then resumed
his seat. the Lord Chancellor remarking that the
Court had listened to an able and powerful argu-
ment. Mr. Walker, Q. c., follows Mr.. Butts on the
sam side.