LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 7863, 4 February 1887, Page 3

LAW AND POLICE.

SUPREME COU%T.— Sittings. Thursday. [Before His Honor Mr. Justice Ward and a special jury of twelve.] The Dufuted Will Case,—W.J. Suiter, executor in the will of Susannah Harriet Fuller v. Susannah Harriet Anderson and another. Action for probata under the will of the deceased. Mr. Cotter appeared for the plaintiff, and Mr. O'Meagher for Mr. and Mr*. White, parties interested in supporting the will ; Mr. Laishley for Charles Puller, a minor, and Messrs. Button sndTheo. Cooper for the defence. The bearing of this case for the plaintiff, which had ocoupied the whole of the previous day was resumed at ten o'clock to-day. Elizabeth Emma Meredith, residing in Onehunga, deposed to having known Mrs. Fuller for ten years, for eight years intimately, and daring a large portion of that time she lived at Whangarei. She came to Auckland on the 17th august, and from that time witness was a constant visitor onoe or twice a week, and she usually remained two or three hoars. So far as witness could judge she was perfectly competent to do any business until within a month or three weeks prior to her death. In answer to Mr. O'Meagher, witness said there never was any attempt to prevent these visits by Mr. or Mrs. White. She went in and out as she liked. Witness never observed any attempt to influence Mrs. Fuller, who displayed no fear or 111-will towards Mr. and Mrs. White, but the contrary. Towards the end deceased used to wander in her mind at times, about three weeks or a fortnight before her death. She died on the 14th of December. She never mentioned to witness that she had made a will. In cross-examination witness said she was a friend of Mrs. White's, and there was no reason why they should prevent her from seeing Mrs. Fuller. In reexamination witness said that she did not see any attempt to prevent any parson from seeing Mrs. Fuller. Mrs. Lowe and Mrs. Harrison were frequently there, and they went in and out of the bedroom as they pleased. Jane Leah White, wife of Charles Henry White, and youngest daughter of the deceased, examined by Mr. Cotter, was the next witness. She deposed that her mother went to Whangarei 12 or 13 years ago as housekeeper to Mr. Thompson, at the Settlers' Hotel, and when he retired she took a lease of the hotel, and when the lease expired she purchased the property. In August last witness resided in Howe-street. Her mother sent a telegram to her announcing that she was coming to Auckland. Witness was in Cambridge, and she came down at once by the train and went to the boat to meet her mother, who arrived on the 17th of August. She was perfectly right in her mind. She remained at witness's house in Anglesea-street (to which they removed on the Ist or . 3rd of September), up to the time of her death. About four or five days after her arrival, Mrs. Fuller spoke about giving witness her jewellery. She had previously spoken of this when witness went to England with her, three years ago last January. Witness knew something about the will prepared by Messrs. Thorne and Rigby, for she let Mr. Thorne in on his first visit, when they lived in Howe-street. Mr. Rigby came to visit her mother after that, and when Mr. Rigby left, sheoalled witness and Mr. White and said Mr. Rigby could not do as she wanted. She remembered Mr. Cave ooming afterwards, and knew his purpose, for she heard her mother tell Mr. White to go down and tell Mr. Lewis she wanted to see himabout a will. Witness was never present at any of the interviews between Mr. Cave and her mother, except to go in to the room to give her mother a glass of wine, and she did not know from Mr. Lewis, Mr. Cave, or her mother how her mother intended to leave her property, and she only found this out on the day of her mother's funeral, and her mother never consulted her as to how she should leave her property. During her mother's illness she was never prevented from seeing anyone whom she wished to see, and on several occasions witness left Mrs. Lowe alone in the house, and in November she called at a time while witness was away. On one occasion Mr, and Mrs. Lowe and Mr. and Mrs. Harrison were residing in her house during her mother's illness. Witness first noticed a change in the state of her mother's mind before her death, but up to that time she was able to transact all her batmen. She died on the 14th of December. During her illness she wrote letters. (Several letters were produced.) She wrote to witness's sisters and brothers, also to Mr. Lowe, Mr. Harrison, and Mr. Thompson. Witness frequently read the letters, and helped her mother to spell occasionally. She identified two letters (produced) as being in her mother's handwriting, and witness repeated that up to three weeks before her mother's death her mind was perfsotly sound. Ia reply to Mr. O'Meagher, witness said that neither she nor her husband ever tried to iufluenoe deceased, and her husband never interfered in her mother's business except at her own wish. After Mr. Rigby's visit in August, Mrs. Fuller told witneee that she did not like Mr. Rigby, and wanted to see Mr. Thorne again. She had no knowledge of how her mother intended to dispose of her property, nor, so far as she was awaro, did her husband know. Mr. Button said they would give positive evidence that she did know, and in the face of this she repeated her answer. Cross-examined by Mr. Button : She remembered Mr. Thorne coming to see her mother, and witness was present by her mother's wish. He came to take instructions for a will. He brought the Whangarei will, and by her mother's instructions he crossed out portions of it. Witness's husband was present. She was not certain whether Mr. Thome came again. Mr. Thorns did not in the presence of witness and her husband read over the will he had prepared to Mrs. Fuller. She remembered Mr. Thorne ooming a second time, but she did not know whether he had the will, Her mother did not give fresh instructions through witness to prepare another will ; she swore not. Mr. Thorne did not take the

instruction* produced, written on the baok of the old will, from witness's dictation, and he did not ask what the rents of the different places were, and she could not have told him If he had. She did not remember whether he asked her mother. Mr. Thome did not, that she remembered, make a rapid calculation, and explain to her mother the effeot of the instructions which he had received from witness, and he did not say in her hearing that It would be a most unfair will, and he would be no party to making it. He did not tell her the effect of that would be that witness would get £1600, and that such a will would be disputed in the Supreme Court. He did not read out what would be the effect, that Mrs. Lowe would get £250, and Charlie would get £750, or tell tho effect of the rough calculation he had made; at least witness did not remember him doing so. He did not say in witness's presence that she remembered that Mr. Thome would be no party to making such a will, as it was evident to him that undue influence had been used. In reply to Mr. Cotter, Mr. Button said they alleged that this occurred on the 30th of August, and witness said Mrs. Harrison was staying at her house that day, and did not leave until the 31 at. Mr. Thome did not say he made a miktake in allowing witness and her husband to be present when he took instructions for the will, and sha did not remember his saying that he would send up Mr. P«i«by, who would take instructions when neither witness or her husband were present. Mr.'Rigby came some time alter, and he sat in the front room with her husband, and she fancied the doctor came that day, for witness had been several times at the door to look for his carriage. It was Dr. McMullen who attended her mother, but during his absence for a month, from the 22nd of October to the 22nd of November, Dr. Hooper attended as his substitute. She swore that until the funeral she did not know that she was to have an Interest in the hotel, and she denied that she acted an the mouth-piece for her mother in giving instructions for the second will. Ik was Mr. White who gave instructions to Mr. Alexander to prepare the codicil, leaving witness the jewellery. The witness was eross-examined as to the nature and value of the jewellery. With her mother's consent she gave a brooch each to Mrs. Harrison and Mrs. Lowe. Since the trial came on she had not offered her brother Harry anything to oome on her side in regard to tho will. Her husband told Harry simply to speak the truth. She remembered Harry saying he would be satisfied if he had got the greenstone chain with which he had been presented by the Melbourne Omnibus Company. Her husband did not reply that that could be made all right, as it was only worth £16 or £17. Mr. Sissons was called, but Mr. Button contended that Mr. White should now be called, but Mr. Cotter considered it a matter of cool assumption. I hey called Mrs. White, for a reason of which he I had informed His Honor yesterday, His

Honor 'said it would only be a matter of oomment for the jury, and Mr. Button said that as hi* reason for asking that Mr. White be called now. Mr. Cotter said be had no objection to call Mr. White. Charles Henry White, draper, son-in-law of Mrs. Fuller, and husband of the last witness, was then called, and in his examination in chief corroborated the evidence given by Mrs. White. The witness, in relating his interview with Mr. Thorno, when Mrs. Puller sent him to Mr. Thorne to say that she did not like Mr. Rigby, and to tell him to come up, Mr. Thorne got angry, and told witness he had come to find out what was in the will, and witness denied this, and said he did not want to know what was in the will, and Mr, Thorne said the whole thing was a swindle, and witness told Mrs. fuller what took place. Mrs..Fuller said she thought as much, that he would be annoyed about what she said about Mr. Rigby, but he bad no right to be nasty, and witness told her be would not have anything more to do whatever in regard to the will, but would do any other business for her. He asked her if she had any friends in Auckland, and she said she knew Mr. Lewis and Mr. Suiter, and Mr. Sissons, of Whangarei. She asked him to send Mr. Lewis, and he did so, and after that he did nothing in reference to the will, and knew nothing of the disposition of her property until after her death. Mrs. Fuller's mind was quite clear when she came to his home, but on the '23rd or 24th of August she was delirious for about two hours wnile Mr, Thompson was np, and in October she was delirious again. She appeared to be excited and frightened when Mr. Thompson cams up, as she seamed to be afraid of him or when she was greatly excited. He also saw her delirious on or about three weeks before she died. Up to that time, and except on the two occasions he mentioned, her mind was perfectly clear, and able to transact her ordinary business, and able to look after her affairs. Mrs. Lowe and Mrs. Harrison stopped at his house for a month at a time, I and on other occasions for a few days, coming ! in and out as it suited them and pleased Mrs. Fuller. Charles Fuller stoppsd at witness's house from the 4th of October until after his mother's death. During her illness Mrs. Fuller transacted business relating to the Settlers' and Kamo Hotels, and thoroughly understoood what she was doing. After the funeral the will was read by Mr. Cave, aDd besides the members of the family Mr. Suiter and Mr. Sissons were present, but he could not recollect if Mr. Lewis was there. The witness was examined by Mr. O'Meagher after the adjournment, but nothing new was elicited, except that he said that on no occasion np to the time of Mrs, Fuller's death had any of the family complained of his or his wife's influence over Mrs. Fuller, nor since that had any one on their behalf. Mr. Laishley did not examine the witness. In cross examination by Mr. Cooper, witness said that he was married at Whangarei, in May 1886, and up to that time his wife lived with her mother, who gave her a piano as a wedding present. Ha came to Auckland immediately after they were married. He knew that Mrs. Fuller intended to come to Auckland to take a house. She told him so six or eight months before he was married, and bis wife told him she was to look for a house, and witness wrote to her, offering her the use of his house. He denied that a suite of furniture was paid for by Mrs. Fuller; he paid for it, and she did not furnish a bedroom. She remained in his house as his guest, and his wife attended her mother, as she preferred it. He did not recollect Dr. McMulleH suggesting that she should have a nurse, and bis wife saying that it was not necessary— that she would herself nurse her mother. Ho was cross-examined at considerable length as to the various interviews and other items of his evidence, but it was not in any way shaken, .Robert Sissons, a Justice of the Peace, deposed that he had known Mrs. Fuller for twelve years, and intimately for the last seven years, and he knew everything about her monetary matters for the last seven years, having kept her books. There was one will made whilashe was in England, and the next by Mr. Carruth, in Whangarei, and these were the only wills he knew about. Mrs. Fuller came to Auckland in August last, by his advice, for medical advice, and he himself came to Auckland a week afterwards, on the 24th of August, and from that time to the time of her death he saw her almost daily. Their interviews varied from half-an-hour to three hours. She felt depressed from what the doctors told her, but her mental condition was as sound as his own was now, and he considered her an extraordinary clever woman. She wag perfectly compos mentis (as we say in Latin up to within three weeks of her death. There was no opposition to his visits, and Mrs. Lowe and Mrs. Harrison and others also visited her. Mrs. Lowe was staying there for about a month, and when Mrs. Harrison came Mrs. Lowe left, but was there daily, and was he believed invariably in her mother's room whenever he went. Up to within three weeks of Mrs. Fuller's death she was as well able to transact her business as any one could be. He helped to negotiate the sale of the Settler's Hotel. Sir. Thompson borrowed £1000 from Mrs. Fuller at seven per cent., aud held the promissory notes himself. She then purchased the hotel for £2500. The £1000 went towards the purchase of the hotel and she paid him £500, leaving £1000 on mortgage, for which she had to pay 10 per cent, (This witness being somewhat garrulous, and anxious to tell all he knew, His Honor had to remind him that life had been distressingly abridged since the time of the flood, and that he must really cut his story short.). The witness said that Mrs. Fuller did not seem to relish Mr. Thompson's visits, and they certainly had not a soothing effect on her. She never alluded to him to the will made by Mr. Cave, or that made by Messrs. Thome and Rigby. In reply to Mr. Laishloy the witness said that he was very intimate with Mrs. Fuller, so intimate that they were engaged to be married, and he might easily imagine that they were intimate. (His Honor did not think that always followed). In oross-examination witness said that Mrs. Fuller had conveyed a piece of land to him, but he re-conveyed it to her shortly afterwards. (The witness was anxious to explain this matter, but was cut short. Mr. Tnoinpson was not an executor in her will made In Ehgland. Witness and Anderson were the executors. In reply to Mr. Cotter, witness explained that Mrs. Fuller required £700 to complete the purchase, aud he agreed to mortgage a portion of his own property for the purpose, and she conveyed a portion of her land to complete the security, so as to have only one mortgage. Thompson would not complete the transaction unless £1000 remained on mortgage at 10 per cent. There being no necessity, therefore, to raise the money, he reconveyed the land to Mrs. Fuller; and had Mr. Tola not registered the deed, it would have been torn up and never heard of. This closed the case for the plaintiff. Mr. Button then opened the case for the dafenoe—that undue influence had been exercised—after which the Court adjourned until ten o'clock next morning.

R.M. COURT.-—Thursday. [Before H. G. Seth Smith, Esq., K.M.] JUDGMENTS fob PLAINTIFFS—T. and S. Morria and Co. (Limited) v. J. W. Wade, £12 Us 7<i, costs £2 7s ; T. and 8. Morrin and Co. v. J. A, Harding, £26 ss, costs £1 16a; Clarke and Edwards v. Horsman, £5 178 10d, costs £1 16s; W, H. Hamley v. Horsman, £4 18s 81, costs £1 Is 61 ; H. L. Posseniskie v. W. Moore, £16 16s 6d, cost* £2 7s ; F. A. White, Liquidator Low Level Gold Mining Co. v. H. J. Carter, £4 15s 9d, costs £1 2s 6d ; F. A. White, Liquidator Low Level Gold Mining Co. v. A. Wood, 17a Bd, oosts £1 2s 6d ; J. Piatt v. J. B. Killian, £1 10a, costs £1 Is 6d ; E. K. Hill v. J. Stewart, £5 12s, costs £1 ; W. E. Roberts v. J. Gardner, £1 0« 31, coats £1 5s 64; G. Bailey v. Mrs. Taylor, 10s, coats lis ; Union Oil, Soap, and Candle Co. v. J. Osborne, £26 8s 3d,costs £4 19s; W. L. Prime v. Mrs. A. F, Jeffrey, £10 18s 4d, costs £2 2a.

POLICE COURT.—Thursday, [Before Messrs. S. ¥. Collins and J. Gilmour, J.P.'s.] Alleged Assault. — John Rae was charged, on summons, with assaulting Bernard Doonan, at Epsom, on January 21. Mr. A. E. Whitaker applied for an adjournment, as the defendant was at present in Wellington. Adjourned till Friday, Feb. 11. Stealing from a Shop Door.—William Wilkins pleaded guilty to stealing a dozen undershirts from the clothing establishment of W. G. Allen, Victoria Arcade, on February 2. Sentenced to six months' imprisonment with hard labour.

Desertsb.— Dwyer was charged with being a deserter from H.M.s. Nelson. Remanded till Saturday, February 12. "Gave Himself Up."—Henry W. Gardiner was charged with stealing a cheque for £13 10s, the property of J, Turner, Napier,

in October, 1886. Remanded to February 13, pending inquiries being made at Napier. Impounding Cask. —Mrs. Hogan, John Hoiaan, and Mary Hogan were charged, on summons, with reselling a cow when in the custody of the Reznuera poundkeeper. Ro* manded to Monday, February 7Ahuaolting a Constable —John Fergus was charged with assaulting Constable Hansen on the Takapuna Racecourse on January 29. Remanded to Friday, February 11, on the application of the defendant.