SUPREME COURT. CIVIL SITTINGS.

Otago Witness, Issue 1950, 4 April 1889, Page 14

SUPREME COURT. CIVIL SITTINGS.

Wednesday, March 27. (Before his Honor Mr Justice Williams.) WINMILL V. GALIiIE AND OTHERS. A suit to determine the validity of the will of the late John Gallic. Mr J. F. M. Eraser appeared for the plaintiff ; and Mr F. R. 3hapman for the defendants, Henry Duncan Rose Gallic, eon of the deceased John Gallic, deposed that he was a bank clerk, and was 28 years of age. He was a clerk in the bank when his father died. He had a good recollection of his father, who was as sane as any other member of the family in his conversations, and in all his ways. In latter years witness had had some unpleasantness with his sister Cassie, about as far back as witness could remember. He did not get on well with her. There were disagreements between all the other members of the family and Cassie, and these disagreements ended in Cassie leaving the house, and for eight or nine months witness saw her frequently. Witness left the house a few days before Cassie as he did not like the way she treated her mother, and he was afraid he could not control himself against his sister, seeing the way she behaved to her mother. Witness went into lodgings for two or three weeks, and returned home after Cassie had left. When she went to the bank she used language not fit for a young girl to use, and " slanged " witness generally. She wanted a " lump sum " from him, which he could not give her. Witness and his mother offered her 15s a week, but she declined to take it. Witness offered her 5s a week out of his own salary, which was then about £120 per annum. One day he was just leaving the bank, and when going down Hanover street he received a hit across the face with the handle of an umbrella, and noticed at once that his sister had struck him. Before he could control himself he hit her across the arm with his stick, but not violently. She started crying and they parted. One evening she and another woman followed him about town, and at last stuck him up Jn the street and began speaking to him. As soon as the woman spoke to him he told her she had no right to speak to him in such a manner. She then said that Mrs Gallic waa a disgraceful woman to allow Cassie to go away from home as she had. Witness told her not to talk about his mother or he would strike her, woman though she was. He bad an idea since who the woman was, but did not know then. To Mr Fraser: Witness did not know that he was particularly hot tempered. He had a good memory, and could remember early visitors to the house. Mr Fraser : Do you remember George Hartley Walker?— Witness: Yes. Mr Fraser: He was kind to you?— Witness: He was— he was a gentleman, and he was kind to all. Mr Fraser: Yes; he was nearly as kind to you as your father, wasn't he? — Witness: Nearly. Mr Fraser : Did you ever quarrel with him? Witness: Never. Mr Fraser: Now I'm going to ask you to look at your father as though he were not your father — it might suit me just now to assume that he was not your father, you know. Supposing he was not your father, how would you describe him ? Witness: I should say he was a gentleman—l should say he was what some people are not. Mr Fraser : Oh, all men are gentlemen. Witness : No ; unfortunately not. Mr Fraser : Well, well, sir Mr Chapman: I submit, your Honor, that my learned friend is setting himself to provoke these replies, and I would ask that you keep him in check. His question was put in such a way that the witness might receive a wrong impression of its meaning. His Honor: I hope that I understand Mr Fraser's meaning — I understand that he wishes the witness to look for a time on his father as though he were no relative at all, but simply an outsider, and then describe him. Mr Fraser: Certainly, your Honor; could there be any impression otherwise ? His Honor : Well, there might be. Mr Fraser (to the witness) : Now describe your father's mental qualities. You have already described him as a gentleman — as a blacksmith and a gentleman, I suppose that means ? Witness: I should describe him as a thoroughly capable man in his senses. Mr Fraser : Was he a man whom no one could take as not being a sane man? Witness : I don't quite say that. Mr Fraser: Ah, why is that? Witness: I don't say so, because he had a thickness in his speech, and that might be ascribed to a mental weakness. Witness continued that he did not know of anyone who had much difficulty in understanding his father. His speech was husky, and he had a slight stutter. His memory was as clear as a bell so far as witness could perceive. He was a tidy man— quite tidy enough for witness. He was like any ordinary man so far as he could see, and there was nothing about him that should attract outside attention. Witness never knew of his behaving in an eccentric manner in church. He used to keep his handkerchief in a pocket inside the back of his trousers, and when he wanted to get it he had to stand up. People not understanding this habit might manner. Cassie had not told him she was starving, but asked for a lump sum of £100, saying she would not take the sum weekly. At first his sister went to him at the bank daily, and after that about twice a week, Cassie thought it was through him she was got out of the house. Mr Fraser: This is a letter written at the « time alluded to :— " Dear Lydia, — You will be surprised to hear from me. Mother and Henry has turned me into the street for no cause whatever; but that they wanted to get rid of me." Is that true ?— Most untrue. • Sophia Fellett deposed that she used to. live with her husband in Napier's bush; near the university. She had come to the colony 28 years ago, and was housekeeper to the City Butchery in High street. She came to know the Gallics by living next door to them. About 26 years ago she went with her husband to Napier's bush and remained, there 14 years. During that time she was often at Gallic's house, and once stayed a fortnight there. She ofteu talked with Mr Gallic. At first she could not understand him, and used to refer to Mrs Gallic as to what he said/but after she knew him for a time she could understand him. So far 'as witness knew Mr Gallic's speech was alwaya the same j she" never knew • him to differ. The other members of the family used to speak to Mr- Gallic, asking him questions, and he answered them. Witness always thought his answers sensible, and was of opinion that he was' perfectly sane in his intellect. Mr Gallic was very much afflicted ; he could not 'speak or walk as other men did; but was perfectly sensible as far as witness knew. Witness knew Mrs Gallic well,, and. always ■ found her a good mother to' her children and kind to her husband. Mrs Gallic used to ask her husband what he would like for dinner, and he would reply, "Whatever you have, mother, will suit/ Mr Winmill frail called on

witness and said that he was going to test .the will. He asked if she was a friend of Mrs Gallic, and she replied " Yes," and then Mr Winmill went away. Witness thought Gallic had had a stroke, but never mentioned it to Mrs Gallic. It would not be correct to say that Mr Gallic was a " doddering body." Elizabeth Davys deposed that she could fairly remember her father, John Gallic, after he came out of the asylum. She could therefore remember him for about 13 years. During that time she used to talk to him, and, being used to him, had no difficulty in understanding what he said. So far as her observations went her father never said silly or senseless things. Her father used to talk of, domestic matters and also of what was passing in the papers. Witness was married in May 1878, was engaged for two years before her marriage, and her husband had been in the habit of coming to the house for two years before that. Witness told her father of her engagement with Mr Davys, and her father said "Lizzie, I'm very thankful you have chosen a tradesman." On different occasions he made reference to the same subject, and expressed his preference for tradesmen, as they were more manly. Her father certainly took an active interest in the welfare of- their family. Witness had after heard her father speak on the' subject of wills and properties, and he used to say he thought everything should be left to the mother. On these occasions he would say, " The property should be left to the mother, if she is a proper mother like you have got." Witness knew her father had an aversion to trustees, and used to speak of a family where both parents had died leaving the property- to trustees, and the trustees had sold the property before they would be bothered with it, leaving the children starving. He said he would never have a trustee to eat up his property. On one occasion witness remembered her father putting his hand on her mother's shoulder and saying, " Never mind, mother ; everything shall be left absolutely to you." Then he turned to witness and said, " Do you not think that's right, Lizzie?" and witness replied, a Of course it is." Cassie and witness never agreed, even from infancy. Cassie used to "cheek" her mother and put out her tougue at her when told to do anything. She did this until she left home. Mother did not provoke Oassie to this conduct. She was a good and true mother. Witness' mother used at times to half faint even when she heard Cassie's footsteps in the passage, and by her abuse she often caused witness to go into hysterics. Witness remembered being questioned by Mr T. Dick years ago. She could not remember what was put to her or what she said. Her mind was a blank as to all excepting the fact that questions were put. Throughout her life she had remained on affectionate terms with her mother, and there was no reason for her to be otherwise. Her father had no peculiarity in his mode of eating. That he gulped his food and ate more like an animal than a man was a lie. Her father was cleanly in his habits. Cross-examined: She felt interested in the case on her mother's account, and her sole desire was to see the 1872 will upheld. Her memory was ordinarily good. When Mr Dick came down to the house she was about 13 years old. Mr Dick and Mr Faucett held the inquiry. She could not tell where her father was at the* time, or whether Mr Dick saw her father. Witness remembered a Mr George Hartley Walker, but could not say where he was at the time of the inquiry. So far as witness knaw her father never showed any signs of mental decay. Her father had always money in his purse, and" she wished she had now a sovereign for every penny her father had given her as a child. He used to talk quite well. Mr Fraser: Did he used to talk as well as I do? Witness: Oh, he hadn't as muoh tongue as you, — (Laughter.) Witness continued : Her father used to talk to her on different subjects. He spoke about the late John Bull and Mr Macandrew, and had many a time oarried on a connected conversation with her. Witness' sister Cassie was enough to provoke a saint; but witness admitted that she had at times done things to provoke Cassie. Mrs Gallic was of a gentle disposition, and two of the family, Cassie and Lydia, used to bully her. It was more than she could put up with by herself, and the others of the family used to help her. Witness had seen Lydia shake her mother, and then witness would shake Lydia. Witness did not remember Mr Walker stopping in the house any night during her life. She could positively swear that her father said, "Property should be left to the mother, when she is a proper mother like you have got." She remembered the time her father was beaten, but did not remember him getting into other trouble. She had never heard of. children following him in the street, and had never noticed anything peculiar in his appearance or conduct. Her father had not walked up and down the yard by the hour together. She had never been out into the street to bring her father in. The gates were not locked to keep her father in, but to keep the children in and other .children out. . After Cassie left home the last time witness took no notice of her because of her atrocious behaviour towards her mother. John was the only one who spoke to Cassie after this. Thefamiiydid not go into mourning when Cassie died, for these proceedings had been then taken, James Curie (a farmer) deposed that he had lived in Dunedin for 40 years, ever since he was two years old. He knew John Gallic. He could not understand Mr Gallic very well, and believed he had a stroke that affected his speech. Apart from the difficulty of speech Mr Gallic's conversation was sensible. David Bacon (livery stable keeper) deposed that he had been in Dunedin for 33 years. He knew John Gallic from the time when he had the blacksmith's shop on the beach. About 20 years since witness came to live in the city, and went into business here, and from that time used to see him occasionally. Witness did not consider Mr Gallic's talk silly or nonsensical. He saw nothing particular about him more than about other old men, and was about what witness expected to be himself at the same age. As to memory, witness did not think Mr Gallic would take 18s for a pound. It did not strike him that Mr Gallie'6 memory or mind was defective. ' Cross-examined : In the early days Mr Gallic was a very shrewd man. There was a difference between John G<l ! 'eof the early days and the John Gallic who um'c! to go into his yard, for he had gone past work and walked with a stick,' but he talked as rationally as witness did, only his speech was bad. His speech was then very much worse than it w&s in the early days, and he seemed to have had a paralytic stroke. Mr Gallic was dressed fairly well, and seemed to .be well oared for. Amelia Rose Spence deposed that she was a daughter of the late John Gallic, and was about 13 years old when her father died. She remembered her father, and used to talk with him ; could not remember going out with him, or what sort of things her father talked about. So far as she could judge her father spoke sensibly. He always treated them kindly." He always told mother to look well after the two youngest. Before Cassie left the ; house witness stopped speaking to her, and bad never spoken *

i to her afterwards. If ;her mother asked i Gassie to do anything,' Cassie would refuse- and ; teU her to do it herself. On Mr TravW letter 1 being. read, Cassie said she wondered how they i dared write such a thing. Witness did hot re- ■ member Lydia, and had 1 not the honour of knowing her. Witness remembered the letter 1 from Mr Ludford asking for sympathy and asi sistance, and in that letter she remembered the' ' words, " Remember that Lydia is not the giddy > girl she once was." Witness' mother was vexed i when she got the letter, bat did nofi go into i hysterics. She had never seen her go into hys- ' terios. At this stage the Court adjourned.