COLLEGE FOR MEDIUMS.

New Zealand Herald, Volume LX, Issue 18342, 7 March 1923, Page 11

COLLEGE FOR MEDIUMS.

SPIRITUALIST LAW CASE. WITCHCRAFT ACT OF 1735. SIR A. CON AN DOYLE'S CLAIM [from our own correspondent.] LONDON, Jan. 28. An affidavit by Sir Arthur Conan Doyle figured in a remarkable law suit in which validity of a £3000 bequest for spiritualistic work was contested. The case came before Mr. Justice Russell, who, in the Chancery Division, was asked to decide whether the bequest, made under the will of Gustav Adolf Hummelteuburg to the London Spiritualistic Alliance, to form the nucleus of, a fund for the purpose of establishing a college for the training and developing of suitable persons as mediums, was a valid charitable gift. The testator directed that preference should be given to "healing mediums," and " those for diagnosis of diseases," and expressed the opinion that it would be helpful to the development of mediums if they were employed in garden or farm work. He further directed that if the Council of the Alliance found it unnecessary or impracticable to develop such mediums, the money should be used for spreading the cause of spiritualism. The validity of the bequest was contested by the residuary legatees, who are the Association for Promoting the General Welfare of the Blind, Earl Donoughmore, treasurer of the London Homoeopathic Hospital, and Mr. J. F. W. Deacon, treasurer of the Hospital for Sick Children. Psychic Treatment. Mr. Errington, for the executors, said the testator died on February 1, 1921. His will was dated May 18, 1910. There was a provision that if the Alliance ceased to exist the bequest or fund was to he divided between Spiritualistic societies of England. An affidavit by Sir Conan Doyle, who is on the Council of the Alliance, stated that he had studied psychic matters for 36 years, and had special experience of the psychic diagnosis and treatment of disorders. He recalled the case of the entire cure of his sister-in-law by psychic means after the case had been declared hopeless by five doctors. She suffered from multiple sclerosis and consequent curvature of the spine, and her health was entirely restored by a sensitive clairvoyant who treated it on psychic lines. " I nave not the slightest doubt," Sir Arthur added, " that very great advance may take place in this direction, especially if we can have mediumistio healers nnd psyebometrists specially trained and developed for the work." Mr. Hurst, K.C., who appeared for the Alliance, in the course of his arguments, contended that charity included in its legal meaning education and anything beneficial to a particular class, and said the Court always looked first to the object ir the testator's mind, and was not affected by the fact that the charitable means was open to criticism, or was unorthodox, or was even superstitious, or, in the opinion of the majority of mankind, unsound. It included vocational training. Here a section of the community was to be benefited, namelv mediums.

Mr. Preston. K.C., on behalf of the Chillren's Hospital said there was no mention in any affidavit of how the training of the mediums was to be carried out or how the mediums were to be selected. A bequest for the training of conjurers would be a good charitable gift, because it would enable certain persons to earn an honest living. A bequest to train people to perform the three-card trick, however, would not be a good charitable gift. Definition of Charity

Replying to an observation by the Judge, counsel said: "I have performed the three-card trick, but not with any great success." A gift for a Communistic school to teach extreme revolution, the abolition of the throne, and Bolshevik class war would not be a good charitable gift, though some people might honestly think it the most desirable thing in the world.

Continuing, Mr. Preston argued that the gift was against public policy, as it necessarily involved a tendency to illegality. This argument, he said, was founded on the Vagrancy Act, which superseded the Witchcraft Act, the "rogue and vagabond" under the former being the legal successor to the person who "conjured spirits" under the latter. Mr. Vaisey, who also appeared for the residuary legatees, argued that it was just as impossible to train mediums to communicate with spirits as it would be to train an athlete to jump over St. Paul's Cathedral.

Mr. Justice Russell to-day decided that the bequest was not a valid one. Prima facie, said the Judge, the gift was bad as creating a perpetuity, but defendant* claimed the gift to be good on the ground that it was a valid charitable bequest. Should the alliance cease to exist, its council, testator said, were to divide the principal and interest among six spiritualistic societies. The alliance, he continued, failed to satisfy him on either of the two essential points. This was not a valid bequest. It was invalid because it involved perpetuity, and on the point of charity the bequest was not one, in the view of the Court, that might be of public benefit, and was not one that the Court could control.