A DISPUTED WILL

Otago Daily Times, Issue 16120, 8 July 1914, Page 4

A DISPUTED WILL

DEAN CASES REVIVED. (Pii Unhid I'bcss Association.) WELLINGTON, July 7. The Dean murders of 1895 were recalled bv ;i case heaTd in. chambers at the Supremo Court tide afternoon before his Honor the Chief Justice (Sir Robert Stout), under | the will of Colin M'Lachlan, contractor, late of Oamaru, who diod in 1894. Certain money was left to a child named Colin Scoullar M'Lachlan, believed to be identical with a child known as Scoullar, who wau in the custody of Minnie Dean, and who disappeared about the time that certain infants were murdered by her. The estate was insufficient to p:iy all the legacies in full,-and application was made on behalf of the .surviving legatees that the amount reserved for the child be available for payment to them. The plaintiffs were Sarah M'Carten, wife of Joseph M'Carten, metal merchant, of Ibrox. Glasgow and Agnes Dallas, wife of Robert Dallas, of Maryhill, Glasgow. The defendant was the Public Trustee, as executor of the will and codicil-of the testator M'Lachlan. The child was the subject of special inquiries by the police when searching for the bodies of the other children who were done away with. The circumstances were described in an affidavit sworn by Detective-sergeant M'llveney, who at the time of the investigations was a police constable in Invergargill. Minnie Dean conducted a "baby farming" establishment at Winton, Southland, and in May, 1895, was arrested on a charge of murdering two infants named Hornsby and Carter. The remains of the child Dorothy Carter were exhumed by Detective M'llveney 'at Mrs Dean's 'promises at Winton, .and on the charge of having caused its death she was found guilty and was executed. During the search a letter was found, dated February 28, 1895, addressed to the aw.nsed from Helen Scoullar, then in Wellington, announcing the death of Colin M'Lachlan, and expressing wishes for the welfare of the boy Scoullar or M'Lachlan. At the inquest evidence was given as to the child having been brought to Mrs Dean about five years previously from Oamani, and as to tho name of the child's mother being Helen Scoullar and of its father M'Lachlan. The child disappeared about two years before the inquest, and the excuse given by Mi's Dean at the time was that it had been taken to some other people. The clothing of the child, -however, was seen in Mrs Dean's house after its disappearance, and it transpired that it was customary for laer to keep the clothing of the infante she had done away with. In the opinion of the principal witness, the child Scoullar was identical with Colin Scoullar M'Lachlan, referred to in Helen Scoullar's letter, and mentioned in tho codicil to Colin M'Lachlau , s will. The case concerning the will having been presented by counsel, his Honor ma.de an order declaring that the gift to the child never took effect, the cnild having died before the codicil was made. No doubt, he added, the infant was murdered by Mrs Dean.