NELSON.—FRIDAY, MAY 30th.

Colonist, Volume LV, Issue 13737, 31 May 1913, Page 5

NELSON.—FRIDAY, MAY 30th.

Before His Honour the Chief Justice, Sir Robert Stout.

IN RE THE ESTATE OF MARY

THOMPSON, DECEASED

This was a will case regarding probate of two wills made by deceased. In January of this' year Mrs Thompson, then aged 87 years, made a will in favour of one Johan A]bin Ahlstrom, of Nelson, carpenter, under which he was appointed sole legatee and trustee and executor. When application for probate was made caveat was lodged by the Public Trustee and 5 Mrs. Ada Dodson, persons interested under a former will, made in October, 1911. Probate of the second will was granted on the 10th day of May, 1913, to J. A. Ahlstrom by His Honour Mr. Justice Chapman making a rule nisi under which the probate rule will be made absolute unless the caveaters show cause to tho contrary. On tho case hoing mentioned in chambers on Monday, His Honour the Chief Justice directed the Public Trustee to apply for probate of the first will, and this application is being heard together with the cayeaters' application to have the rule nisi discharged.

Mr. C. J. Harley (with him Mr. Houlker) appeared for Mr. J. A. Ahlstrom, and Sir John Pindlay, X.C (with him Mr. E. 'B. Moore) appeared for the residuary legatee under the former will, and Mr. Moore for the Public Trustee

Sir John Findlay, in his opening address, related the history of the case. Ho said that a middle aged couple, finding that their union was childless, thought they would bring comfort to their older years by adopting a littlo girl. The simplicity of the Adoption Act was not in force in those days, and the formalities of adoption were • not carried out in all the essentialsf but the child was adopted by the childless couple. The child amply justified the expectations of her adopted parents, and turned out a brilliant girl. At 1G years she matriculated, and at 19 or 20 obtained her B.A. degree, and won other distinctions. Hers was one of the brightest minds born in Nelson. After obtaining her B.A. degree she entered the teaching profession, and taught for 3£ years, during which time she resided with her parents. Eleven years ago she married, but with her brilliant accomplishments continued the guide, philosopher, and friend, and was the mainstay of the old couple. Tho son-in-law (Mr. Dodson) was also welcomed by Mr. and Mrs. Thompson, and the two homes were on the friendliest terms, and the relationship existed until Mrs. Thompson died. It was important to know that Mr. Thompson died on Ist July, 1910, he then being Well on to 80 years of age. His wife was .-a few years older, being 84. The old lady was left well provided for, her husband's estate being worth £4000. Mrs. Thompson made five wills. Tn the first one, dated January Bth 1913, she left her niece, Eliza Piggott, hor gold watch, clothing, etc., and £300; two children of that niece £50 each, Arthur Piggott and George Thompson Piggott £50 each; and her adopted daughter, Ada Mary Thompson, a ring, 20 shares. in the Mosgiol Woollen Company, and £300; George Taylor £100, if he could be-found, if not this amount to go to Eliza Piggott; to her husband, the cottage in Vanguard street and £1000, j and the "residue equally to George Piggott and George Taylor. There would, explained'Sir;John 'Findlay, have been 11.0 residue. ■ On the I6UI. of the same month another will was made, at the reouost of the l\iblie Trustee, in order in cure an obscurity, but the provisions of the will were the same. On April I.lth, 1908, when 82 years of age, the old lady made another will, leaving! C2OO to'her niece, Eliza Piggott; £100 j to, Frederick Chatter ton, clerk in holy orders, Gisborne; to her adopted daughter, Mary Thompson, clothing, 1.10 shares in the Mosgiel Woollen Company, and failing her, to her children in equal shares; her husband, the Vanguard streef property and £1000; £100 to All Saints' Church; £50 to the Plymouth brethren; £-50 to the Congregational Church; £100 to St. Andrew's .Orphanage; £50 to the Old People s ] Home;'£so to the Nelson Institute and Library, worthy objects, submitted Sir John, of her 'bounty; the residue to hor husband, and failing him, to Mrs. Dodson. That will, said Sir John, was really the final shape of testamentary ; provision. Tn July, 1910, Mrs. Thoinp-, son's husband diod, and the. old lady •Tl'ter that time constantly asked Mr. \llon, the. agent of the Public Trustee, . to have a new will made, because she j wanted it made perfectly clear that, Mrs Dnclson was to got all that would j hiive none to her Uu.bami. V.v Allen j pointed out' that the residue would go 1 to Mrs Dodson. but the old lady in- ; ,hto'l that sho had promised her bus- 1 band to see that the ostate went toher | daughter, in: fact sho considered it a j sacred promise. That was why the j fresh will was made on October JOtli. | 1911 when the whole ostate, less the! special devises, was left to Mrs. Dodson. This will expressed the clear, deliberate wish of the old lady. Mrs Dodson, however, refused. to allow her mother to leave; her the. whole estate, breause she desired that the public institutions mentiorecl in the earlier wills should be included. It, sni'l Sir John, Mrs. Dodson had been a grasping wo-'m-u, she could h:ivo had tne whole n.tato -without question This, it was • contended was the last will &r». Thompson was capable of making in M-w 1911, Mrs. Thompson went to ilivo at Mrs. Dodson's, at Wangamoa, ! and stayed there until July, 1011. 'Mrs. Dodson having to go into town it was arranged/that her mother should Z to live at Ahlstrom's who were Tenants of Mrs. Thompson. They were nail for the old lady's keep lh- old Fady wanted them to live m town, but this could not be arranged so > jnonortv was purchased at Waksipuaka, Srs" Thompson paying £1000 ton ards mmms 'ran to develop a weakness for dunk C- ctaKhta- ami Lev tarn y. . During*fU J-ook for tho old lady's kcop, S old lady made another will, rc--0 g U former wills, and leaving her entire estate, amounting to over £3000, fn \blstrom The circumstances were Snru terS 1 by Sir John- Find ay as to the mental and physical condition of tho deceased, Sir John Findlay. said that all tho circumstances pointed rlearlv-to testamentary incapacity, itwas extraordinary that three weeks lifter leaving her daughter and family on tlie most friendly terms the old lady should cut her out altogether. He

suggested that tho making of the new wiil was the result, of either hypnotismor direct suggestion. Counsel then quoted numerous authorities in support of his contention of incapacity, and proceeded to call evidence. Ada Mary Dodson, wifo of Herbert Dodson, of Wakapuaka, farmer, stated, that she was adopted by Mr and Mrs. Thompson about 35 years ago. Until her marriage, in 1902, she lived with them. Her adopted mother could not write, and she did her correspondence. There had never been any difference between her adopted parents and herself. After her marriage she went to reside at Wangamoa. In July, 1910, her adopted father died. During tho period between her marriage and July, 1910, three children were born, and her adopted parents wore particularly fond of them. After her father's death sho stayed with her motliei^ in Waimea, street until November, when she obtained a companion for her, and then returned to Wangamoa. At the end of January, 3911, her mother was nob well, so she came into . town again. Her mother continued to reside thereuntil May, 1911, and then went to stay with her "at Wangamoa. In July, 1911, she was going into a maternity homo at Nelson, and it, was arranged that her mother should in the meantime* stay with the Ahlstrom's, who were tenants of Mrs. Thompson's. While at the nursing home her mother camo to see her several times. When sho came out she went to her home in Waimea street, Mrs. Thompson eon, tinuing with tho Ahlstroms. She used to visit her every day, or sho came to see her and the children. Her mother was then paying the Ahlstroms £1 per week. After sho had been with tho Ahlstroms for .some time her mother wanted her and her husband and children to come to live in Nelson. As her husband could not leave bis position as manager of a farm at Wangamoa, she suggested that she should sell her house and find a place at Wakapuaka, where they conld live together. This arrangoment was carried out, Mrs. Thompson, after consideration, giving £1000 towards tho cost. Her mother stayed there from December, 1911, to January, 1913. If it had not been for her mother's, sake she would have continued to live at Wangamoa. In 1911 she began to observe that her: mother took more liquor than she usually did. In April, 1912, her mother returned to Wangamoa from a visit to Nelson, and she noticed a marked increase in her weakness in this direction. She determined if possible to stop it by refusing to get tho quantity she wanted. Her mother became morbid, and did rot leave her room for about four months, exceptto come out' and beg for drink. Her mother had offered her.husband ClO to get hera bottle of brandy. She obtained ' medical advice, • but Dr. Bett., who was called in, said be could not do anything for her, as it was only incapacity and old age. She became alarmed as to her mother's mental condition in April, when at 7.30 ono evening she came out fully dressed and asked for her Mosgiel papers, saving if they were taken to Cock and Co. a they would cash them. Witness tried to 'convince her mother that it was a delusion On another occasion sho asked about a watch, and on witness showing her the watch she replied that that was not a watch. In September, 1911, her mother went to stay at Ahlstrom's for about a w^ok,. nnd returned with parcels of drink. In January 1913, witness felt that sho required a change, and it was arranged that Mrs. Thompson should go to 4h'lstrom's. *Harling, a cab-driver, came out for her, and they all saw her mother off, parting on the friendliest ■tor-fcs. Her husband was talking to H;<rling, and hor mother called out, "Come on Bert, old man, and shako hands " Her mother was very fond or the children. She left with the understanding that she was returning in two or three weeks' time. Her mother s room was kept for her. It was not true that she turned her mother out. The only grievance her nu.the.r had was that she did not alb.w U>i- U> have-drink,-but it did not <-auso any breach of friendship. Her mother did not come back again, because Mrs. Ahlstrom kept writing and saying tuather mother would ha staying a low days longer. In March last the came _ to town to roe Ikt motho-r. was ma dazed condition, and Mrs Ah,strom had to toll' \wr who .witnohfj '-was, and she kept askiag, '"•Who ar. ypu i" Mrs. Ahkirom did'not say anything abou« a ,vili but in reply t,> witness, saicl thov were getting paid regularly. On i--n-.-ur.rv 2nd (h\e days utter lie will was -made in Ahb:trom!s favour). Ah - :;trom came out to ?c:> witness, to tel) \uv that Mis. Tumi)]*™ was rather troublesome1 owi:'.^ t:> her liking .tor • brandy. . After iu;-t;-.-r conversation Ah'.strom said ±-li:;y n-ild require more money for her mother's keep. He said ho had .-■vjukcu to ir. r motr.er about it. but cox \i v.:-. got any ini-Hi-inle replyAhlstr::.ii .icir told !vr that her mother liau ii;a-.!;» ■:•- v,ul or-that she .'••aid r.ho had be o;.< turu-al out by witness. On April Ist Ahlstrom came out and had diniier with. them. He told, her that Mrs; Thompson was not very well, but did not lead her to believethat she was any worse than she was in. February. Ah'.strom told her .abouli ■ Mrs. Thompson's peculiarities, but did not say anything about a will. Among other things ho told her that Mrs. Thompson wanted him to shoot her, i and to give her "rough on rats. Kegarding the will/-, tho <>v:> dated l«th ; October, 1908, w.-.s :!r-uftc:l m her ! presence at tho office uf Iho Public Trustee.' Tins will wm at Ahl r fjtrom's heuso. After Jkt lathers death, her mother math- another will, because she ds&ircd it'vxpres&ly stated that the residue which should hnvo gono to her father cann- to her. When the will of October, H)11, -,vaß mad:> her mother wr.ntod a 1 tho bequ-csts going to churches, etc., to. bo cut out. She told her mother sho had. better leave them es they veve ..(Witness hero stated that she w^s net contesting the will from mercenary motives, but to clear herself of the charge' that she had turned her mother out of doors.) Witno«s.*;akl she ponsua-dad h;-r mother to retain the bequests in the will. She did not charge hor mother anything i while she was tsaying with her'; it would have-.-been-ungrateful of her it sho had. In 1908 her mother was a decidedly stron.^willod woman, but drink during tho last year had reduced her to'a condition that sho would agreeto anything. Shu w«u'd sny that whenlira- mother left hor on January 3rd sho was in such a condition that she couldnot make"" a will, hor memory being very defective. She should say that she developed her incapacity to comprehend thinps iibrr.st 391 L She could not under stand things road to her, they h,:id'' to bo oxplaiivrd. Her miithor always consulted cnv>or Mr. A Lev* or herself in all biu;'.,.v--/;-. :i<;!tt,-:-s. _ ; By Mr. Harle.y. rJ-ho wan u:>t .«gally adopted, but was taken as a, child byMr. 4:ml Mr®. Thompson and brought up. In 1911 Mrs. Thompson gave her £1000 towards'tho purchase of the Wakapuaka property. She gave- £200 towards tho purchase money. She approved at all times of hor mother goIn^; to Ahlstrom's. During t'ho previous winter Mr. Dodsoa .bought her mother liquor oocasioju-jlv. but not in Ituy.* quantities. She had never warned tho Ahlstrom's about her mother's weakness. While her mother was under he 7 care," she had -a limite-d quantity of liquor. She would c&onietimes go- for several days without touching anything but would 'then make up for it. If t^ov had taken tho liquoc away from her mother altogether sho was afraid s'ui would have * left their house. Hor

mother was so childish that she. could not look alt,r her-own affairs. Her fiflst intimation that there was a will in AhLstrom's tavour wa« on April 2nd, tho day alter hor mother's death when sho received a telegram from the Public- Trustee stating that her mother hid lwt. pro'Kjvty tq .Ahlstrom by a 1-i.tur a ill, and asking her to como and boo i,im urgently. Witness then gave iwrticulars of her mothers relations, who she said vt-.ro not considered in the inter wills. Ahlstrom did not tell lior o:i Uio day of hor mother « death that »!»o was dying. He said she might lire lor months or years,, or she might •die. in a few days. Ho did not tell Her *nd her husband tluit the doctor said she could not hsfc long He did not civo her the impression that hor mother was worse.' Aucut 5.30 on April Ist they m*iv«l a te.cgram stating that Mrs Thompson was sinking. Hei husband had made ammgoment* to Ujvc for VVangamoa next morning, but on reioipt ofctho tolcgram he dm not know what to do. iNVu> morning her u^zTi&r^; mV= returned the su.no altcmoon iSeu u^ her iiuslKUHi or nor.seh wnit.m thui day bwnuso they had received tho tJl'r.m from l^ Public Trustee Her huso ..a v.vVi, t-» Liio fum nil, while she Sm <"i ..ti,..k. and looked after the

""'urM^nr-tir asked what was the object oi i.;^ crow-examination, it did X: nWiok^any bearing on the ;.,.„. , L ->^iLv v. the testatrix. Vn'r-"ss' s^ul uiu;i in March sho ww t;! airl-uu- to Mrs. Thompson aukiirg Ji.-i i;o\v r,iie v.;us but did not reWl*iySir!S;uF:::dby:As Abktrom iv\d ■ (it t-'id anything to mdicato that hrr v-'itl'-- wurt seriously ill when she taw l-.i»i i;t UKinor tiuio on the day or hor I'-.ithi-i1* death, «hs did not think tho ■t.-:vi--u'.iii nu.aut anything serious. .Tho Yvoits were in necessitous cir-oimj^'i;u'-s and she could not underRtfuui why'Mi h. Thompson left them out oi her last will. Oi' JolmsUiii stated that when ho fii*t attf-:u!ed Mrs Thompson two years ««o sho \vm "a senile decayed old 4-dy " Ou 23rd January last when ho flttc'ndwl lier, sho was the worse for •ileoiiel, diil :ujt recognise him, and ,-wkod who iio was. Generally when he oallod sho said to him, "Oh, doctor, put tii". out oi tins.'; ho would describe .her conditions as irrational when ho saw lier on January Mxa. Apart from K»uy aieuholie inllueuce, her condition w-is "i«'h that slie would requiro assistaiico in making a testamentary disposition In his opinion alcoholism combined With senile decay would dopnvo hor of memory and knowledgo of her estate-, tiho was then not in a condition to make a will. i'Tom lusr condition <jn iS^rd of January ho would say that tiho was not lit to make a will oh January 28th. Ahlstrom said that Mrs. 'L'hompson scro:uned at night, and ho gavo nor branch- to stop it. He had a ccsuvarsation with Mr^. Ah.strom about •ttie quantity of brandy Mrs. Thompson wa^* getting Her condition on January lMrd was such that he thought he should so* her again, but ho met with a motor accident, and l>r. L.ucas went to «oo hor. .On 30th January he visited Mrs Thompson again, and continued to do. so regularly during February and March. He was certain that on 28th January sho was not in a fit state to dispose of her property. . By Mr. Harley: no was aware that sli© was having brandy, and he asked itflilstrom to either give her none or tiomothing olse, but she would not take it. ohe certainly did not get the quantity she did with his approval. .He upoko to Mr. and airs. aJiIbU-oiu aboux tho ©xcossivo quantity Mrs. Ihompson was uAKiug, and iiw n.nc\e-d Jirs. iihl : Btrom tried to curtail it, but sho did not uianago re. -t >w;b quito possible lio U>Ki iUio. iiioiabson on urn occasion that oho cou.u uuvo u^iiiiy. no am uot reaiciiiuer ii-ii tu-iii.'Jg him tlio j^ilstroms would not give it to hor. jEvery time he visited her-ttt Ahlstrom's eho was under tuc Uiiiueuce oi alcohol, in uid opinion jj.iO ViOiad be ox au "unsuauu dispai.^i^ .-.vi.-.'-i." oa januavy iCitu. bile, iiiii-,^l' -v-■••& buen aoie to recall iur ieiati.os. on that -cuiy, but is lie- <uu not Uiio., iiim. Hu- conuition r*u3 such that sho would bo under tho intiujuu-u oi u.n.* u xw auout, »ueciier

jmllonug Irom aa-oiiol o; iiuu unight £»v# had a confused idea that tiho iiiwi moiiu,\, out, n-j *>«s (iuiul' .sui'o tillO vvKUld fiC* UilitO.tJ tl> lVfUil tilt! ciTuount. If Dr. Gibbs said that -Mrs. '.t'uouipnon on isolii ..Kuiiuiiy »..*> _<jui-f in v nt condition to mala1 nor vi.i :.:ui <oakl comprehend what she was uomg. lx> would »*y tuat ue had not ma--.- .; <uu*ot'ul oxuiuinatioa. bin.' would i;*-* -douoo uuswor (juesuoijs n put to iki.

by »ir ,h)lfiu i'ltiUiay. it wu.6 m>'c i>i'i-.-sible for Mrti. Thompson even if cut otl: truai ak'ultol nuiii u^iUi,w> --.v vo lia\\> rocovored tiumcicntly xo u.-.ko a ftrot-or will oa Jaiuiary Uv. Lucas fttak'd that no -saw Mix. ■I'lioniyson at AhLstrom sun f:uv.'K- .i oc-ca-sumu hi Octoixir, ii.i.1.2. mil' wai> ml it very ic^b.o Btatu, botli mentally auu physically. >Siio was always hi a dazeu caudition, «nd novor know him. Every -iii;K' nt« u^'nt die aaKeU, "Who's this," •swuJ. had to bo told by Mrs. Ahlstrom. ■JUunnx one of tin; vibits m Ocvo&or- lio .easkoti Sim- Ahlstiom ii Mrs. Tliompsun *va« drinking, and .she replied that "'she *vas huv'mg v good deal." lie saw j&lra. Thompson on January 28th (the the last will was maae) between 551> imd v p.m. vV hiie waning lor adlaiisaion hoiioard howling and «ercam-, ing going oil m tn*} room occupied by Mvh. "Thompson. On entering lie found fear in bed. She stopped screaming, taud in reply to a quvvvcioti. '"How arc ■j-ou?" she said, "v.lkv's •thte!'" Mrs. Ahlstrom said/-'lt;-:, Van tkictur.," and Mm. Thouipson said, "What doctor," and Mrs. Ahistrom told Iwr. If Hho spoko fco him again it was only to ask Li in to help her all he could. She *v.avi eithor half drunk or silly. Her c-ondi.-io-n niigbt ]wye been due cither to al- )holic excess or mental d-err.nge-*ne.at. Ife was quite euro she did not -Hh&ve k'fitainontaxy capacity on Janutary ffi'th. If it was stated that sho .was ki-.pt away from liquor from 23rd /jftau.M-y to 2Mth .Jaaaa.r.v ho would .still say s;:i» w^s incapable of maki.'iy; ;:. wi.l. Mrs. Ahlstrom. tlid not tell him that istiQthr.w dtjetor luxd be-; n to s^o ilnj. •jThonuwon %\\v.b day or that she hud '■irnatk' ;i will. IVi'rs. Ahlstrom knew that liis partner va* Mrs. Thompson's regular attendant. lie attended Mrs. on February 24th, and found tie/r iii much tlio .sun;r'_ condition, only .weaker. II r<i- condition was much ■wojts'.* is: Jamiivry .liiru in Or-tnJ^r. In jOctobor f.lie did not recognise him jtvhen he called By Mr. iioiilkor: He did not know -that Mis. Thonru^'yi was sh^rt-sightcd.

By Sir John Findlay: Ho lived about 60 yards from Dr. Johnston's. Ahl«l,rom <',<•! not ask iinn to cal; on thy 28th. .Mr-;. Ahl.stro;n did not tell him that ho-r i.usband had been for J)r. Johnston that d:t.v nor tlid slio tell him that> ai.n.tf; ;• doctor had been to sco ■Mrs. Th- n-:-.;;n-. Dr. J'Jr. :'.t.i;r, rc-calkxl, stated Ahlstr<i:n d' ! ■;!■•'■"(■• <""■" '•■t l's place on January '_'■'•''•■). '" f-'r -is lio know, and no m<-:->s-:»/r,- i'-l't for him. jV~.,, f( E. Alhn. .-'rent for the Public Trustee, stated that'bis office administered the estate of the'late Geo. Tliofnpson, and paid Mrs Thompson her regular monthly rUowaTice. He was aw-aro of the will« made in January, 1903. Ho remcmborcxl, going through

tlw> will dated April 11th, 1908, with Airs. Thompson m September, 19iO. Mrs. Dodson was with her. bho wanted it altered no that the/residue of the estate would go to Mrs. iiodson. ju/o" explained that provision in this direction was already made, but Mrs. 'i'Jiompsoti did not seem to understand, and i/o.pieuHoJicr, he made- a new will on tho «imo unes. She gavo him to ulcerstand that she had promised her late husband to sco that this would bo done, lv regard to tuo bequosts to tho churches, Ma\s. Thompson wanted those Jett out, but Mis. jbodson .said, "Uh, mother, don't do that," and tho will was loft without furtner alteration. Mrs. Thompson and lVliis." Dodson wero very inoiKiiy, and tho former loaned very much towards her, so much so that he consulted Mrs. Dodson on mmrj matters. All payments were mad© to iurw. xhomnson personally, either by his dork or" by himself, bho regarded Airs. Dodsuri ami hniNsoii: as her business .advisvu;. lie remembered going to Ahlstrom's house to see Mrs Thomp-

son on February b'th, 1913 t but her mind was in-such a condition that sho did not recognise him. It was nob duo to hor eyesight, 110 told Mrs. Ahlstrom that tno poor old lady did not tiotiii to know him, aud she might want something, so he handed the money he had taken to Mrs. Ahlstrom. Tho latter. knew that he was Mrs. Thompson's business adviser. .Mrs. Ahlstrom did not tell him that Mrs.

ihompson had made another will, tic did not kno)V, anything about it until after her death. On 12th February in response to an urgent message from Mrs. Ahlstrom ho again visited the house, but found Mrs. Thompson in such a condition that sho could not transact business. Mrs. Ahlstrom said she had s-ont for him to see if ho cou.d quieten her. He went again tho next morning, and tried t t > tell Mrs. Thompson who he was, but she said, "I don't know anything, my memory is going." Ho told Mrs. Ahlstrom he did not like things at all, aud said ho, had better take everything away, including papers, and put them in tho oifico strong room. These papers did not include the will that had just been made. In a bag handed to him were a brooch, and a gold watch and chain. Mrs. Ahlstrom said nob to take the chain as Mivs Thompson had given it to her, and Mrs. Dodson eon id prove it. At that time Mas, Thompson wag. not in a fit condition to make gilts. He had made hundreds of wills during his 23 years' experience. In his opinion Mrs. Thompson, during the last few months, was not in a fit state, to make a will, and ho would not have done it for her. Mrs Ahlstrom told him she had to give

Mm. Thompson brandy to keep her quiet. Tho payment of £2 per week towards Mrs. Thompson's maintenance commenced in January 17th, 1913, the offer to pay this amount being made by him. Mrs Thompson's estate was worth £2,913 19s sd. It made no difference to him whether tho will of October 16th was upheld or not. By Mr. Harley: He did not see Mrs. Ihompson at all in January. Ho did not see her during 1912, but being interested in her had inquired about her from her son-in-law.

Mrs. Bodson, re-called, questioned about Mrs Thompson's eyesight, stated that her mother had a clock in her room, so that she could see the time; she also looked at pictures, and could tell when they had new dresses. She did not know that her mother had given Mrs. Ahlstrom any jewellery. John Harling, cab proprietor, .stated that ho had known Mrs. Thompson for twenty years. During the last two years of her life he generally drove .her. She- was . very helpless, and cou.d not get into his "landau without assistance. From experience hu knew her memory was very poor. On one occasion after driving her round, she asked him to drivo to Motueka, and lie drove her to Ahktrom's and she was none tho wiser. He drove Mrs. Thompson from Waktipuaka on 3rd January. §l *?*& Bood-byo to Mrs. Dodson and the children, and would not go without saying good-bye to Mr. Dodson. When ho reached Ahistroin's she said she was •only going to stay about a ibrtniglit. J±u had purchased as much as iios worth ot brandy and taken it to Ahlstrom's for Mrs. Thompson. She never asked how much her iaro was, but handed him some money, .and he took out the right amount, and ga.o her back the rest. The old lady Jiad often expressed a. wish that she. was dead. tfy Air. HoulJter: Mrs. Thompson's sight wu ;; bad and she would have- difficulty in re-cognising people. Ho had dnvcu Airs, Thompson to tho Bank by hi : i^h dui-ing the past two years". | Whom she went there tk? teller said he c juld .y.ol do- anything with her, and -od hp-r out to tln> carriage. Tins was piCMior,s to January last. By Sir John Fin'dlay. He was the only cabman .vho drovo Mrs Thompson. h;-r mo.T.ory was g<>iu>, and tne could a::i. ■:;:;.' or recognise.l pc-oplo. l-u-ibcjt 1/otisan, tanner, of Wakapiuiki, .si-l,;vj that ho wn« a son-in-law ot A'irr;. '1 i:omp;:on, His wile and her motJur Rot ou very well together, and ,'.?•. 'iw-npson was very fond of tho children, iii^ wife- lived witn him at Wangamoa, and it was against his wish that she left and went to live- with her mother at Wa'kapuaka. From April until August, 19]U, Mrs. Thompson-was mostly, in li-sr room. On 3rd January,. 1913, ho --saw. her, and in his opinion she was not in a fit condition to inakt a wi.l. Sho did not seem to comprehend what was said to her. His wife used to road to her mother, but she did not understand what was read to her. He re-mom bored Ahlstrom going out to n akapuaka on April Ist this year. He had dinner with them, but he did not toll them that Dr Johnston had sent him out to tell them that Mrs. Inomps'):i v.-ns dying. All he said was itliat Airs. Thompson was not very well. Ho had nover made any arrangements for the special delivery of telegrams to his place.. Ho had never told Ahlstrom that Mrs. Thompson would last a year. Mrs Thompson could see fairly wdl, but h-ST memory was very defective. Up till 3rd of January she 'could tell the time by tho clock in hr>r room.

By Mr. Harloy: Ho had obtained liquor for Mi\3 Thompson ;:t her request on govern] coeasions. Once only to his knowlodg<K ii'id r.he taken liquor to excess whio she stayed witii them, but he- was moro away last year than at home. His wife attended to her mother';; business—tfoa latter rarely consulted him al>out ariytliiiig. He returnod^ from Wangamoa on hearing of M;rs. Thompson's death, but he did not gt>_ to- Alilstrom's b<icau«o he did not think ho was wanted. There liad beeoi no coolness between Mrs. Thompson pud thomsolvcs. Flo cimo to town about 'Cnco a fortnight bet^-een January and April, but did not see Mrs. Thompson as they expected her home any day. It was owing to his wife's condition that lie did not allow her to corno to town at the time of her mother's doath.

At tlmi sto.go the Court adjourned until 9.15 this morning.