DISPUTED WILL CASE.

Wanganui Herald, Volume XVII, Issue 5206, 3 November 1883, Page 2

DISPUTED WILL CASE.

JAMES BARLOW 's EVIDENCE CONTINUED. I cannot say whether deceased was aware of my absence. I told deceased I Avas going, but he merely wished me good- by as if I was a stranger. I did not tell him why I was going, and I did not wish him to know. He did not ask. When I first went those who attended him gave deceased his medicine, but Mr Austin and Miss Boyd had a dispute about it. Austin was a very old friend of Mr McGregor's, and wa* attending him. Miss Boyd accused Austin of giving deceased too much medicine, and they had angry words together, the result being that Austin left. From that time Miss Boyd gave the medicine herself. After the interview between Mr Hutchisou and deceased, the latter was very weak, and was generally so after any excitement. During the time I was there Miss Bjyd Arranged deceased's movements as to going o,ut for a drive or so forth, and he acted on her suggestions. He simply did just whatever she asked him, He was generally agreeable to go out for a drive, but Miss Boyd kuggested the idea, and gave me instructions. Sometimes he was taken out to humour him and put some other idea out of his head, and sometimes we thought the change would do him good. He usually liked going out. I have driven him to the Bank of New South Wales where he would remain in the trap, and Mr King would come out to him. Deceased wanted his bank box once, and it was handed over to him. He used to make his mark on these occasions. I do not think he could sign his name from weakness, but he was not paralysed in the hand . As he sat in th& trap, he was in an awkward position to sign. I remember no one coming in to see deceased without Miss Boyd's approval. I recollect Mrs Wyburn calling during; his illness and seeing him in February, in the presence of Miss Boyd, She was an old friend of deceased. I was not present at the interview. She called again, but Ido not think she saw him. I do not remember Mr Gilbert King calling at the house. I remember on different occasions Miss Boyd refusing to allow visitors to see deceased. Mr George Beaven, Mr Allen Campbell, Mrs Beaven, and David Strachan were refused admission. I know of no reason for it. He was not more ill than usual on such occasions. Cross-examined by Mr Travers : — I cannot say whether Mr Shields is a bore when he begins to talk, and keeps a person buttonholed for a long time. I think on some occasions it would have done no harm to have admitted visitors. Mr and Mrs Andrew Duncan, Mrs Hogg, Mr Treadwell, Mr Tudor, Mr Brechin, Dr Earle, Mr Hair, and Mr Southcombe were amongst those who were admitted to see him. Mr John McGregor called often, but Mis 3 Boyd locked the door, and told me that she did not wish him to see deceased. This happened on the night of the quarrel, and on a subsequent occasion, the date of whith I cannot remember. Up to the 3rd April, John McGregor was admitted whenever he liked. Mr Calders, who was John McGregor's brother-in-law, was admitted, and so were Mrs Stevens, Mr Willis, Mr lAlexander Mrs Soinmerville, Mrs Gregor McGregor (mother of John McGregor), Dr Sorley and his son, and the servants and attendants. I never heard that Burns, one of the attendants, was discharged because he persisted in giving mcrphia to the deceased. Dr Sorley prescribed yellow things in the -shape of pastilles, but I do not know if they wee morphia. Burns left suddenly because deceased thought he was a robber one night and nearly shook the life out of him. His Honor thought it strange that a man who was ao utterly weak that he could not write bis name could yet shake the life out of a person. The witness sail that it was in one of deceased's bad tits. Examination continued : — I do not know that Friend was discharged because he took deoeased out of bi-d contrary to Dr Curie's orders. I heard it was because Friend had a difference with Miss Boyd. The old man never complained to me of treating him in a brutal manner. I was charged by Miss Boyd with doing so. After I returned the first time I was offerei £1 a week wages, but I did not take it and went on as before. I did not behave brutally towards him, nor did John McGregor and myself leave him 5 days without being washed.. I was always considerate and tender towards deceased. I expected to get the Island from him, as he had promised it before his illness. I never spoke to him about it. I always had access to him, and was with him for hours at a time, but never spoke to him on business. He was like an idiot while I was with him, but sometimes he was better than others. Dr Curie gave me to understand that he was not in his right senses. I did not consider deceased to be rational, and I thought his signing a cheque .was a foolish thing, because he did not know what he was doing. He could not understand anything I said to him, but used to wander off, and could not enter into couversation. He was led out to his cirriage in an idiotic state, and tlid not even know what carriage he was put into. By Hia Honor : He knew what he was told, and m ght have said " Yes "or " No," but could not reply so as to originate any idea or wish. His Honor said that it appeared that the witness wished to convey the notion that the deceased was able to do what he was told, but had no connected ideas. The witness assented to this being so. Mr Travers said if this were the case, the deceased was in a perfect state of mental incapacity. By His Honor — The deceased appeared to know the boy Bobbie at time 3. After he went away deceased used very often to call him by name for about a week. Deceased never told me that he knew the boy was gone, and never complained about his being taken away. After the 3rd of April deceased very seldom asked for Mrs McGregor, but often spoke of John 'McGregor as hia "brother John." He asked where he was, but never complained to me of his not coining. Once or twice he said he would like to see his brother Johnny, but did not say why. Miss Boyd in my presence never said anything to deceased abo'it John McGregor of Cherry Bank. I used to read the Bible and the newspaper to deceased. Sometimes he he would say it was very good, but he never conversed on the subject. By Mr Fitzherbert— l recollect Mr Tudor coming to the house and readingprayers from time to time. On one occasion in the middle of a prayer, deceased stopped Mr Tudor and told him to look at a troop of Cavalry coming round the hill. There was nothing of the kind. Samuel Austin deposed — I was a Sergeant when I was discharged, and I received a New Zealand cross for service in the field. I knew the late Mr McGregor from 1847, andwas on intimate and friendly terms with him. I went to see him one evening of the Bth February. He was quitis sensible, but breathing very hard as he laid in bed. I stayed with him on the night of the 9th with Mrs Carr and Mr John McGregor, cf Cherry Bank, a .d continued to nurse him on and off until the. morning of the 20th. I had been all night with deceased, aud in the morn'iig Miss Boyd came into the room aud asked how Mr McGregor was. I said he seemed a great deal better. She aßked if we had given the medicine as directed, and I said we had. The medicine was in the usual kind of bottle, and I properly followed out the instructions on the label. When Miss Boyd left on the previous night there was a dose poured out in the tumbler, and Miss Boyd said he was not to have it unless he was restless. At 2 o'clock in the morning he got a little restless. I emptied out the medicine from the tumbler and gave him a fresh dose from the bottle. Miss Boyd looked at the bottle in the morning, and told me to get out of the house 'as I had been sent there for the purpose of poisoning Mr McGregor. I told her that perhaps she would do it quickest herself. I left the house. I went on seve'al occasions afterwards, but was never allowed in. I went as a. personal friend to assist him in his illness, and received no remuneration. Whilst I was there deceased was quite incapable of knowing what he was doing. On one occasion he recognised me, and put his arm round my neck and dn.w me down on the b'jd. Miss B yd pulled his arm away, and he soenied vexed, and motioned me to the other side of the bed. I went round, and M ; ss Boyd after mo. He seemed quite vexed, and turned over on his back. He tried to speak to me, but I could not make out what ho said. Whatever he said to me was ramb-

ling and incoherent, and spoken in a childish and simple way. His manner and conversation were very much altered after his seizure. He would point J;o vacancy, and ask who was that in the room. There were several occa< . sions when he evidently did not know me. He appeared to do what Mias Body told him, though he seemed not to be clear about what he was doing. She Baid in my hearing, Mr John McGregor being present, that she did not know what she would do, as deceased had left her utterly unprovided for. She seemed excited about it, and on one occasion - was frying. When I was refused admission there was no reason given. While I* was in f the house, deceased, who was a shrewd man before his illness, was not fit to transact 'his business. , - t . Cross-examined by Mr Travers — I had been working- some jears ago at Cherry Bank as a servant, and was sent to the house by Mrs John McGrogor. John Me-, - Gregor was not present when the poison - accusation was made. Miss Boyd could not suppose, looking at the bottles, that I had given deceased an overdose. There had been no previous dispute between Miss Boyd and myself. ; „" George Beaven, commission agent, stated — I knew the late Mr McGregor nearly 29 years. I had business relations with him and was on intimate and confidential terms. He very often consulted me on business matter*. My house is quite close to Royston Hoase. About twelve months , before he died he employed me to sell some of his town property, he and fixed the price .and terms of, commission,. I did not sell it before his illness. _• 1^ - frequently visited him before his illness, and we were intimate neighbours. After .the stroke I repeatedly saw him and , helped ' John McGregor in attending on him, and visited him to within a week of his death. Two months after his stroke I had an • opportunity of selling the .properties and I went to see him to ascertain his fitness for dealing with the matter. I found him totally unfit for business. I called several times to see . if he had improved. - He became so much ex-- > , cited that he told me on one occasion that I - should be hung if I dealt with his property. I never found him fib to transact business, up to some time in July, when Miss Boyd called to see me and told me he had conveyed the property to her. Miss Boyd was present and calmed deceased down on the occasion when he told me I should be hung. He was very desirous to sell me Major Nixon's property, which he said was all hia own. He also wanted to sell me some "Royaton Houses," and asked Jimmy how many of them he had. He spoke unintellegibly, and would mix half a dozen things up together. There were occasiona when lie did not know me, till my name was mentioned by' Miss Boyd. I told Miss Boyd why I wanted to ' see him, and she B&id that -it seemed to be useless. Miss Boyd wanted me to act for her, after she told me the property waa , her's, just as I would have acted for Mr Me- , Gregor. By her instructions I wrote in July a letter demanding that a certain nuisance on one of the properties should cease. De« csased had told me before his illness that he was anxious to sell the property, 1 so as to provide for Miss Boyd out of the- proceeds, so that I was not ' surprised whtn Miss Boyd told me the property belonged' to her.- She did not tell me when or how it had been "conveyed. I got a letter from her on the 26th July authorising me to act as her agent. (Letter produced). After this I continued to visit deceased as a friend, but he never once referred to this property, nor did I refer, to it after obtaining the letter from Miss. Boyd. During the whole of his illness he was notin a position to transact business. As his agent , and friend, 1 would not have felt justified in allowing him to sign any legal instrument;. I thought Miss Boyd had a great "deal of in- '. fluence over him, and he seemed under a spell, and 1 .oked to her as the ruling power. ' In a' temp 1 ing to converse, he looked to her as though for the cue. The idea seemed wanting, and not merely the word to express it at the moment Deceased " never alluded to any disposition of his property made after h^ illness. He never uttered' a . word on this subject. Prior to his illness he told me hundreds of time 3 that his property ' would go to Mr and Mrs John McGregor, and that Robbie, whom he always spoke of - as his grandchild, would have hia share. He spoke with very great pleasure of Jimmy Barlow, and said he was to have some land at Mangawhero. Cross-examined by Mr Travers : — Dece isad ' looked to Miss Boyd as though in fear of her, and as one who was not in full possession of his mental faculties. I do not think I would have accepted his signature to a cheque for £100, unless I saw h.m sign it. Ido not consider he could have signed one. I read a report of a portion of Mr Hutchison's evidence. That evidence did not coincide with my views. I never saw him in the lucid state described by Mr Hutchison. Perhaps I saw him 150 times during his illness. I read Mr Hutchison's evidence in the paper. His impression about deceased's capacity to sign deeds -and wills was different to miue. Deceised may have had a lucid moment which I did not happen to see. 1 never saw him sitting in his garden after February. Before his illness it was his habit to go out to his fence by the river bank. I never saw him do this after he was taken ill. I do not believe he was capable of finding his way to his fence without assistance. At the conclusion of Mr Beaven's cross- ■ examination, the Court adjourned till 10 o'clock the following morning. Saturday, November 2. The trial of the action McGregor v. Boyd was resumed this morning, when the following evidence was called on behalf of the plaintiffs :—: — David Strachan, settler, deposed aa follow : — I bave resided in the neighborhood of Wanganui for 30 years. I knew the late Mr McGregor from shortly after 1852 to hia death. I was an intiaute friend for 24 years, ■ and we were brother members oi! the first Board of Wardens. I called to see deceased after the 7th February, the date of his fit, and found him propped up in an easyohair by the side of his bed. I asked him how he was. He seemed in a very shaky state, and said he was rather poorly. He knew who I was. I only stayed a few minutes, for I saw it was better for strangers to be away, l aud that the less talking he had the better. I saw hitn shortly afterwards. He was in bed, and his speech was completely gone. Miss Boyd answered for him, and said that he addressed" me aa "my dear old friend," but I could not understand a word he said, cor tell whether he recognised me or not. I had seen deceased eighteen months before he died, and spoke to him' as he was leaning against his fence. He said he was pretty well, but was in a sort of stupor like. This was after the fall from the horse, and before the fit, I was always welcome to his house at all times. Prior to the fall he was a shrewd man of business, but when I called on him after the etroke he was n>>t in a condition to do business and was weak bodily and mentally. Cross-examined by Mr Travers— l cannot fix the dates when I called on him during his illness. I saw him out in his carriage once ' afterwards. When I saw him his speech was impeded and he had a difficulty in getting the words out. His speech was not so clear as when he was in good health. What he said was connected and intelligent, and he seemed to understand what I said. Re-examined by Mr Fitzherbert— l put more thau one question to him at my first interview after his stroke. On the second occasion T could not understand a word he said, and I merely asked him how he was. James Treadwell, Presbyterian minister, said — I knew the late Mr McGregor more or less during the seven years I have been in Wanganui. I frequently visited hitn between the beginning of March and about six weeks prior to his death. I saw him at intervals of from a week or a fortnight. Physically, he was very week, though he was better some days than others. Sometimes he looked like a dying man. His mental condition was that of a man with a weak mind. Some days the weakness was greater than other days. Sometimes the weakness approached imbecility. I visited him one Sunday, nearer the termination of my visits than the beginning. He was in bed, aud the two Miss Boyds were in the room. I sxt by his side and talked with Miss B',yd about little matt ra. I observed that deceased was behaving in bed as if his mind was not present. He was working his hand in the air, muttering inarticulately, and apparently holding inter* ' ■ course with imaginary persons. ' His manner

during hi illness was always eccentric, and he seldom appeared to have hia mind in hand. He seldom seemed able to grasp or understand what was said to him, and often said things which had no bearing on the conversation, and which I could not understand. The game kind of mania ran through his health and sickness, only during sickness it was exaggerated. I never looked upon Mr McGregor as a strong-minded man, but as eccentric and weak. When I saw him during his illness, I inferred from his imbecility that he was not fit to transact business. Either Miss Boyd, or her sister, r • both, were present at all my interviews with deceased. Miss Boyd appeared to have control or ascendency over him. I noticed this on the Suuday and on other occasions. If deceased wished to do anything which Mis 9 Boyd did not wish him to do, he would almost instantaneously yield. He was invariably obedient to hey orders. I ceased to visit deceased because I was told cert un things by the plaintiff John McGregor. I did not mentien to Miss Boyd what I had been told. I recollect receiving a message from Mts John McGregor to the deceased, but I did not deliver it because, owiug to the presence of the Miss Boyds, 1 had no opportunity to communicate with deceased alone. Cross-c-xamined by Mr Travers -I did not ask Miss Boyd's permission to deliver the message to deceased alone, nor did I tell her I had the message. The control which Miss Boyd exercised over deceased was greater than I have seen exercised over sick people in other cases. Mr Travers complained that Mr Tread well was fencing with the questions in a way not proper either for a Minister of the Gospel or a wituess in the box, and added that Mr Treadwell seemed disinclined to tell the truth. Mr Treadwell appealed to the Chief Justice whether he had shewn a disclination to tell the truth. His Honor thought the witness had better answer the questions put to him, though they appeaed to relate more to matters of opinion than of f ict. Cross-examination continued — The control exercised by Miss Boy was just that which I would have expected fron an attendant placed in complete charge of a patient who was weak mentally and physically. Business was n ver mentioned by him, cr by Miss Boyd in my presence. I have frequently prayed with deceased, but I cannot say he asked mo to do 10. Deceased was a member of the Chirchof England fora period extending before my arrival in Wanganui. Invariably when I proposed prayer, the deceased cheerfully acceded to the proposal, and appeared to understand the prayers. He was always very kind, and thanked me for going to tee him. I do not remember saying whilst standing at deceased's bedside, that he was suff ring from softeoing of the brain, and was sinking fast. He sometimes spoke to me of the reasons which induced him to leave the Presbyterian church and join the Episcopalians. Ido not remember saying "now Mies Boyd, prepare yourself ; for he will not be with you many days." " Miss Boyd may have said " he has disappoint d others, and will disappoint yon, Mr Treadwell, and may be months instead of days." I may have told Miss Boyd that I thought deceased would not live long. Dr Sorley was his medicai attendant at the time of my visits. Re examined : — Deceased was always reverent and tried to kneel when I prayed. I do not remember Miss Boyd assisting him to kneel or helping him up again. He knelt sometimes. By the Chief Justice : Deceased did not generally slart any subject of conversation. His manner was that of a vacant mind. Durn* h'"s illness he never spoke of Mrs John McGregor. On one occasion he said he had given orders that they shon'd not bd allowed to come to the house, as he w.iuld not have Miss Boyd anaoytd. I asked him whom 1 c alluded "to by ' they," and then he mentioned Mr John McGregor's name. Idi not remember whether Miss Boyd was present on that occasion. Richard Thomas Shield deposed : I knew the late Mr McGregor toi a long time prior to hia death, and was on intimate terms with him. I called once after his illness, and Miss Boyd said I could not come in, as it would excite him. I was riding paßt a second time, and saw him at the window. He beckoned me to come in. I went back, but Miss BoyJ again told me I could not see him, as it would excit-: him too much. I did not call again. Cross-examined by Mr Travers : — I cannot say that he was not beckoning to Mi r -s Boyd inthegaiden. He looked towards me and beckoned. Mrs Mary Wylnirn, residing at the No. 1 Line, stated : — I knew the late Mr McGregor of Koyston Hou-e for 40 years prior to his death, as a neighbour. I called on him 3 times du;ing his illiifS", but saw him on'y Once. I first ca'led afc the end of February to ask after him. I was quite taktn back •when I- saw li,m. He appeared childish, stupid and silly. He was much excited when he firt-t w\v me, and knew me for a minute or two. but then his mind wandered away. Hj spoke of knowing me for 10 years a* a good neighbour, and then he cried. On account of Mifs Boyd I did not remain very long. She came into the loom and introduced herself. Some conversation took place between deceased and me as to a settler named Old, and I said I was sorry he was drowned. He sa : d it was through drink, and turning to Miss Boyd, nodded at her, aud said "Yes, Miss Boyd, that is what I'm always telling you, that's what comes of all t-uch people." Decor, sed said, " Ah, Mrs Wyburn, you don't know how cruel and wicked my people have been to roe. Th<»y would have me dead and bnried if they could, Mrs Wyburn." He looked round and saw Miss Boyd. and s-aid, ' If I could oDly t-11 you." I thought he was ordering her out ot the room but she did not go. He said, " Why don't you do what I tell you, Miss Boyd," and she t>ld hinrit was dinner time. He replied angrily, "D— — the dinner, you do as I tell you." She rose to go, and said, "Yon se<\ Mrs Wyburrr, that Mr McGregor is beside himself." Deceased began again to speak of cruelty- "and unkindness, but Mi-a Boyd turned the conversation, and I said * I thought ' I. had better go. He took roy hands, cjied in a childish way, asked me not to go, and implored me to come again and aee-bim. I said, '" I hay • called several times to see you, and I was never asked iv." He-said. " Why didn't you come in ?" I left then, promising I would go again. About the 2nd. of March I did so, but Miss Biy.i told- me. the doctor had given orders she was to let no one see him. Miss Boyd said it was not her fault, as she would like me to tee deceased. I never went again. Mr Travers did not cross-examine the lasb witness. Patrick Sweeny stated — I first knew the dccca i el in 184^, and workel for him from JBSO to 1854 or 1855. I called in April 18S2 to see him. Miss Boyd opened the door and told me I could not see deceased. I said I had a me-gage from Mr John McGregor, of Cherry Bank, aud that I understood the old gentleman wanted to see me. Miss Boyd Baid the doctor's orders were that no one wiis to see deceased. She shut the door in my face. I never saw deceased then, or afterwards, till he was in hi 3 coffin. Cross- examined by Mr Travels— l did not know Mios Boyd, but she knew me, because she had seen Mr McGregor speak to me when he Wiß in his trap. Re-examined — Mi«s Boyd knew who I wa?. The Court then adjourned till 11 o'c'ock on Monday morning. The Otago Times of the 25th says :— The frozen-meat trade is having an effect on the local market. For a few months sheep have been rising steadily in price at the Burns de yards, and yesterday such prices viere reached that the salesmen now quote mutton atS^dperlb. There was also a very short supply of beef yesterday, and that commodity went up to 32a 6d per 1001 b. Jn view of the=e high prices, "paterfamilias" will be affected ; for the retail dealers have decided to make a corresponding rise. At a largely atlend n d me-tin^r of master butchers hold in the Provincial Hotel last evening, if was reso'ved to r-'ise the pric? of moat of all description one penny pei pound. Afcth-sxii'c meeting eat lv closing was discussed, aii'l a motion to the effect that a'l lm'choi.s el' so thei.' th ops at G p.m , Frid.tya and dayr, exctptci, wns agreed to. The voting on this point was not, however, cniirely unanimous.