A DISPUTED WILL

Otago Witness, Issue 3148, 15 July 1914, Page 10

A DISPUTED WILL

DEAN CASES REVIVED. WELLINGTON, July 7. The Dean murders of 1895 were recalled by a case heard in chambers at the Supreme Court this afternoon before his Honor the Chief Justice (Sir Robert Stout), under the will of Colin M‘Lachlan, contractor, late of Oamaru, who died 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 was in the custody of Minnie • Pean, and who disappeared about the time that certain infants were murdered by her. Thd estate was insufficient to pay 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‘Garten, wife of Joseph M £ Carten, , metal merchant, of Ibrox, Glasgow, and Agnes Dallas, wife of Robert Dallas, of Maryhiil, 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 search-, ing for the bodies of the other children who were done away with. The circumstances were described in an affidavit sworn by Detective-sergeant MTlveney, 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 MTlveney at Mrs Dean’s premises 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 accused 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 haying been brought to Mrs Dean about five years previously from Oamaru, lind as to the name of the child’s mother being Helen Scoullar and of its father M'Lacblan. The child disappeared about two years before the inquest, and the excuse given by Mrs 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 custonthry for. her to keep the clothing of the infants 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 Seoul!ar’s letter, and mentioned in the codicil to Colin M'Lachlan’s will. The case concerning the will having been presented by counsel, his Honor made an order declaring that the gift to the child never took effect, the child having died before the codicil was made. No doubt, he added, the infant was murdered by Mrs Dean.