FOR THE DEFENCE

Evening Post, Volume CXI, Issue 39, 16 February 1931, Page 10

FOR THE DEFENCE

HUNTER WILL CASE

DR. GIESEN'S EVIDENCE

EFFECT OF APOPLEXY

Further evidence for the defence was given to-day in the Hunter will j case when the hearing was resumed, after an adjournment from 10th December. The case was taken in the Arbitration Court, owing to the Supreme Court being occupied with other fixtures. His Honour Mr. Justice Kccd was on the Bench. Mr. A. Gray, K.C., with him Mr. L. K. Wilson, appeared for the plaintiffs, Cyril Paul Hunter, of Akitio, and Thomas Percy Hunter, of Porangahau. The defendants, Lady Hunter, widow of tho late Sir George Hunter, and her seven-year-old child, Elizabeth, were represented respectively by Mr. G. G. Watson, with him Mr. 11. J. V. James, and Mr. W. Perry. It is claimed by Lady Hunter, who is one of the executors of the will, that the will and codicils the other two executors, Cyril Paul Hunter and Thomas Percy Hunter, nephews of the deceased, are asking tho Court to decree probate of were not duly executed according to statute and that at the times the will and codicils purported to have been executed Sir George was not of sound mind, memory, or understanding. The first witness was Dr. X \\. Giesen, of Wellington, who said that he was first called in by Dr. Steelo to we Sir George. He did not know Sir George prior to that. He saw him altogether on five occasions between 30th September, 1929, and August, 1930, just before his death. Dr. Steele was present at the first visit for tho purpose of consultation. Dr. Steele gave writness the history of the- case. It was that Sir George had had a severe apoplexy four days before, and his -io-ht arm and leg. were paralysed, lie had been seriously affected, and had Ibccn'in a sc.mL-eoinatosc condition ever since. AVitness verified these statements for himself. He was not_ sure that Sir George realised that witness had come to see him. Ho was unable to get Sir George to speak to him. One could discuss anything in his room without his taking the slightest notice of it. Witness ascertained that it had boon, a severe apoplexy, although not in the severest sense, but the effect was 'considerable, involving an arm and a leg, his speech, and his consciousness. Mr. Watson: "What conclusion did you arrive at as to his immediate future?" —"I thought that the immediate danger as far as that particular apoplexy was concerned was already past. He was going to survive that •apoplexy, and the risk was that he would have a second stroke." "Did your opinion and Dr. Stoelo's coincide at that time?" —"Completely." SIR GEORGE HUNTER'S MIND. Witness said that he spoke to ouu of. the nephews beforo leaving the house, and told him what he thought of Sir George's condition, and that he might live for years. "It has been said in evidence that by that date Sir George was normal intellectually. What do you say?"—"From my observations he obviously was not." "How would you describe his mental condition?"—" When I saw him he was stuporosc. He could not be roused enough to take any interest in tho appearance of a stranger." j Regarding the second visit, witness j said that Dr. Steelo asked him to call, saying that Sir Georgo was about to sign his will, and he (Dr. Steele) would not give his consent before witucss saw him. Ho said he wished to protect himself. "Against what?"—"He feared, and 1 shared that fear with him, that any excitement might bring on another apoplexy from which ho might not rocover." Witness remarked that if a patient survived tho first apoplexy the ultimate cause- of death was usually a second or third apoplexy. "Did you gather anything as to when this will had been prepared"—! "There was no mention of it so far | as my understanding was concerned. 1 j assumed that this will was ready for j completion, and that he had taken ill before it was signed." "At that time had you in contemplation, the process of preparing and altering a will-;"—"I had not the slightest idea." VERY MUCH AFFECTED. Witness said that Sir George did not know him or remember his prior visit. His physical condition was much better, but his mental condition was obvijouslv very much affected. There was practically no danger of Sir George collapsing at that time. Witness had not then had any communication from Lady Hunter, and had heard nothing fruin anyone as to when the will was to be signed. In the week following Dr. Steele twice rang him, and asked for,a certificate. On the second occasion Dr. Steele said that Mr. Dunn had asked for the certificate. Witness understood that tho desire for tho document was prompted by a feeling that it might be suggested that Sir George was not capable of making a will. Witness made out a certificate on the Friday following his visit, and posted it to Dr. Steele. Up to that time he had no direct communication with either Lady Hunter or Mr. Dunn. In the ordinary way, he would not give a certificate, but this was asked for specifically, by Dr. Steole. He had not kept a copy of it, but remembered the gist of it, which was that, although Sir George was not capable of transacting business, in witness's opinion he could understand that he was signing his will, and. it would be safe for him to do so. I Witness said that Dr. Steelo told ] him subsequently that the certificate would not be satisfactory to Mr. Dunn. "At that time, did you know that he had made a new will since his illness?"—"l knew nothing about that will until Lady Hunter told me, after Sir George died." ! WOULD HAVE REFUSED CERTIFICATE. "Had you been asked to give a certificate as to his testamentary capacity, what would you havo done?"—"I would not have given it." "Why?"—" Because I believed that he had not got testamentary capacity." "Had you been asked to be present at tho signing of a new will, what would you have done?"—"I would not have boon present. I would not havo had anything to do with it. I would never have belioved that the man knew what ho was signing." Sir George's mental condition was much the same when witness visited him on 17th December. It was not possible for a Btranger to carry on a conversation with him. He would answer "Yes" and "No" where appropriate, but would not answer questions requir-j ing thought. His mental condition was quito noticeably deteriorated. Both witness and Dr. Steelo discussed Sir George's future, and agreed that it was vfiry probable he would not be able to f.ake up his former life again, as he would not have tho mental capacity to attend to his duties as a farmer and member of Parliament. There had been

no disagreement at any time between witness and Dr. Stoele regarding tho case, prior to the latter's giving evidence. On 2nd April last, witness continued, he again visited Sir George. His physical condition was somewhat improved. Mentally he seemed to have got into n state of stagnation. Lady Hunter suggested a change of scene, and witness decided to ask Sir Georgo to go to Eotorua. From October, 1929, to April, 1930, there had been no observable change in his mental condition. Sir Georgo subsequently went to Itotorua. The only other time witness saw him alive was 4.S hours before his death. There was not the slightest doubt that Sir Georgo was mentally impaired, and his intellectual capacity was much reduced from October to April, witness continued. In his opinion, Sir George did not havo testamentary capacity at any time he saw him. Referring to the conference attended by Drs. Stoele and Mac Donald, counsel for tho defendant, and himself in October last, witness said that the purpose was to inquire from the doctors whether Sir Georgo had been capable of making his will after his apoplexy. It was mentioned that there was a will made in 1924, and that the new wills wero alterations of it. Mr. AVatson asked if it, was suggested at tho conference that the purpose was to inquire into the justico or injustice of the wills. Witness: "I had not tho faintest idea what was in any of them." "Was the justico or in/jtistieo of the wills mentioned by anyone?"— "Not to my knowlegde." DOCTORS IN AGREEMENT. On the question of tho testamentary capacity of Sir George, witness said that as far as ho knew ho and Dr. Steelo were in complete agreement at the conference. Dr. Mac Donald had declined to express any opinion; saying that he had insufficient information. Dr. Stoele's opinion was regarded as most important, in view of the many opportunities he had had of observing Sir George's condition He did not qualify his opinion in any way. His Honour asked witness why he thought a will.had been prepared for Sir George's signature before his illness. . . Witness said it was so obivous to him that Sir. George could not havo originated a will after the apoplexy. It did not. enter, witness's head that a will had .boon prepared afterwards. Witness was questioned at considerable, length regarding the effects of apoplexy. He said that assuming that Sir George, who was 72 years of age, had suffered a severe apoplexy, mental impairment was to be expected. He believed that Sir George had been seriously affected. Mr. Watson: "From your own observations at the time had you any doubt as .to whether it was a severe stroke or not?"—" Not the slightest." "Had.Dr. Steele any doubt?" —"Not tha least, so far. as I knew." Dr. Gicsen was. still giving evidence when the luncheon adjournment was taken.. . When the Court resumed this afternoon, Dr. Giesen said that Sir George appeared dull and apathetic every time he saw him. He took no real interest in any subject that was brought to his notice. Every question that witness asked him had a direct, bearing on the question of mental impairment. "If I asked him a question which required him to think, I did not get an answer. But if I put questions simply so that i ho could answer 'Yes' or 'No,' lie would answer them quite well." Sir George had a lack of memory of recent events.- He took no interest in newspapers or political events, which at that time were of considerable import-; auce. For instance, he showed not; the slightest interest in Sir Joseph Ward's illness. j

Air. Watson: "To what extent do you think he would be able to. transact business" —"As long as tho business was brought to him, I should expect him to be able to understand what was put before him." , , .

"Do you think he could have initiated business ideas of his own'"—"l believe he was quite incapable after his illness." (Proceeding.)