IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I f itt IIM lAQ 2.0 1.8 1.25 1.4 1.6 ^ 6" ► vQ

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C, Attorney of Respondents. 1/. !■■ HALIFAX, N. S.: PRINTED BY WILLIAM MACNAB, 12 PBINCK STREET. 1879. > ^* r A 3 \ ^•^ IIT3DE3::. !• N i s Page. Case 2 Will of 16th Nov., 1876, (contested) 3 Caveat , , . 4 Petition for proof in solemn form EVIDENCE IN SUPPORT OF WILL. 6 Examination E. 11. Solomon 6 II Jnmes H. Wentzel EVIDENCE FOR PETITIONERS. 15 It Elizabeth Peck 20 II Josepli Oiiti-ani, jr. 26 e the lad Wdl and Tentameid of lieaminh Murdoch, late of Lanenharg, in the (Umntij of Lunenbarg and Provivce of Xora Scotia, Qiu;en'» (Joansel. Jjoctor of Viu'd Law, dr., deceased. It is aj^'roc'd that tho papers, docminnts hikI tvidciict' used before the S'lprenie Court of Nova Scotia, froui pagti '•) to page !!)(> lierein inclusive, together witli tlie opinions of tlie Judges of said Court, tlie Rule dismissing the appeal, and the orders extending time fcr appeal and granting ap- peal to the Supreme Court of ( ' inada, the Receipt for deposit for security for costs, shall constitute the case for the Supreme Court of (Janada, pursuant to tho Statute and the Rules of the Supreme Court of Canada. Halifax, B^obruarv 14, 187''. S. C. RHJBY, Aft I/, of AiqM'Ikmf. W. F. MacCOY, Atfi/.. of Ri'ftpondent. \ h In the Supreme Court. In the matter of the proof in mlemn form of the last Will and Tentauient uj Beaminh Murdoak, late 0/ Lunenburg, in the County oj Lunmhurg, Barrinter, deceased. Tina is the last Will and Tustamont of me, Beamith Murdock, of Lunenburg, in the Province of Nova Scotia, Dominion of Canada, Queen's Council, Doctor of Civil Laws, &c. I, the said Beamish Murdock, considering the uucertiiinty of this mortal life, and bbing of sound mind and memory, do make and publish this my last Will and Testament, revoking all Wills and Codicils heretofore made by me. First, I give and bequeath to my loved Cousin, 'I'homas B. Akins, D.C.L., twenty volumes of my books, should he be pleased to select the same within three months from the time of my decease. 10 I give and bequeath to Charles W. IL N. Kaulback, eldest son of Senator Kaulback, all my old coin') and antique relics. I give and bequeath to Hon. H. A. N. Kaulback, of Lunenburg, my gold watch with its appendages, in token of my esteem and friendship. All the rest, residue and remainder of my household furniture, goods and chattqls, together with my pitino, I give and bequeath to Eunice Sophia K'>"lback, wife of said Senator Kaulback. I also give and beq'.eath to the said Eunice Sophia Kaulback, the full sum of five thousand dollars Canada Currency for her separate use and benefit during her natural life, the same to be invest- ed by my Executors on interest, — the interest to be paid to her annually on her own personal receipt in writing from time to time without any right of interference or control therein from or by her present 20 or any further husband, and without any charge for commissions for investing, collecting or otherwise, by ray executors, r.nd on her decease the principal sum of five thousand dollars hereby bequeathed her, with any interest thereon accruing or undrawn, I hereby will and direct it to be divided equally among her four children, Charles, Edna, Mary and Rupert Kaulback, without any charge by my Executors for anything done in relation thereto by way of commission or otherwise. I give and bequeath to said Charles, Edna, Mary and Rupert Kauloack, all the rtst, residue and remainder of my estate, real and personal to be equally divided among them. I further will and direct that the said H. A. N. Kaulback, his wife and family have the free and uncontrolled use and occupation and benefit of my dwelling house, garden and grounds in the town of Lunenburg, which I now occupy, for three years from the time of my decease free from any 30 rent or charges for the same, and that the said real estate be immediately sold, subject to such right of occupation as aforesaid, together with all other of my real estate of which I may die possessed, and the proceeds thereof applied towards the payment of the legacies herein mentioned. Lastly, I hereby constitute and appoint the said H. A. N. Kaulback, and my friend, William H. Owen, Barrister-at-Law, of Bridgewater, to be E.\ecutors of this my Will and Testament. In testimony whereof I hereunto set my hand and seal to these presents, this fifteenth day of November, Anno Domini (1875) one thousand eight hundred and seventy-five. Signed, sealed, published and declared by the said \ BEAMISH MURDOCH. [L. S.] Beamish Murdock to be his said last Will and [^ Testament thus executed by him and us, in ^ 40 his presence and in the presence of each other. ; Edward H. Solomon. James H. Wentzel. K I In the Matter of the Petition for Probate of the alleged Laxt Will and Testament of Beamish Mardock, late of Lanenbiwg, Ba,rrisler, deceased, dated the I'dh Novevher, A. D., 1875. To George T. Solomon, Judge of PiioiiAXK for the CJountv of Lunenhuug. T, Charles Beamish, of the City and County of Halifiix, Gentleman, do hereby give you notice that I do intend to contest the above will, and I notify yoti not to grant Letters Testamentary to the Honorable H A. N. Kaulback or William H. Owen, Esquire, or either of them, claiming to be the Executors of the last Will of the said Beamish Murdock, the said Beamish Murdock having on the 50 Hth April, A. D. 1875, made a valid last Will, a copy of which I hereto annex, and for the proper Probate of which I have already petitioned you for a dedimus potestatem. C. BEAMISH. I, Beamish Murdoch, of Lunenburg, Nova Scotia, Es(|uire, hereby make this my last Will, hereby revoking all former wills and codicils. I leave and bequeath three thousand dollars to my best and tried friend, my cousin Charles Beamish, of 101 Queen Street, Halifax ; to his daughter, Maria Beamish, the sum of one thousand dollars ; to Miss Henrietta James, his sistor-in-law, one thousand dollars ; to the widow Peck, my housekeeper, two hundred dollars for her attention to me in severe illness. And I leave and bequeath four thousand five hundred dollars to my said cousin, Charles Beamish, in trust, to invest the same at 60 interest, and to pay the interest aunudly to Eunice Sophia Kaulback, the wife of the Honorable Senator Henry A. N. Kaulback, of Lunenburg aforesaid, on her personal receipts, for her own separate use and benefit, without any control or interference of or by her present or any future hus- band, and at her death to divide and pay said four thousand five hundred dollars in equal shares to and among her children then living. Further I leave my books to my cousin Thomas B. Aikins, D.C.L.; I leave my silver and copper coins to Charles Kaulback, the Senator's son, and my gold watch, to my said cousin Charles Beamish. I appoint said Charles Beamish, my executor and Trustee, and empower him to sell, and turn into money, all my real and personal estate, his deed or receipt be a full discharge to purchasers from all responsibility whatever. If my estate falls short, the money legacies to abate /)ro rata. 70 Witness my hand and Seal, at Halifax, N. S., 6th April, 1875. Sgd. BEAMISH MURDOCH. {L. S] Witnesses present, both present together with Testator, he signing in our presence, and we in his presence, and requesting us to witness this as his Will. Sgd. Joseph Bell, William Howe. COURT OF PROBATE, LUNENBURG, SS. To THE WoKSHiPFUL Geokgk T. Solomon, Esquire, Judge of Pkobate for thk County of Lunen- burg, The petition of Henrietta James, of Halifax, in the County of Halitax, Spinster, and Charles Beamish, of the same place. Gentleman, Humbly s weth, That Beamish Murdock, late of Lunenburg, m the County of Lunenburg, Barrister at Law, departed this life on the ninth day of February, A. D., 1876, last past. That previous to his said decease, the said Beamish Murdock, on the 6th day of April, A.D. 1875, made his last Will and Testament, which has been proved in common form for probate by William Howe and Joseph Bell, of the City and County of Halifax, Esquires, witnesses thereto, which Will is now in the Probate Office in the County of Lunenburg, and to which your petitioners crave leave to refer i That by said last Will and Testament the said Beamish Murdock appointed your petitioner, the said Charles Beamish, sole executor and trustee, and among other legacies bequeathed to him, the said Charles Beamish, $3,000, and to the said Henrietta James, the sister-in-law of said Charles Beamish, a legacy of one thousand dollars, as will appear by said Will ; That a paper writing, bearing date the 15th day of November, A.D. 1875, purporting to be the last Will and Testament of the said deceased, was produced for proof and proved in common form on the 19th day of February, A.D. 1876, and is now in the Probate Office at Lunenburg ; That by said alleged Will the Honorable Henry A. N. Kaulback, of Lunenburg, and William H. Owen, of Bridgewater, in the County of Lunenburg, Barristers, are appointed Executors, and the whole of the property of the said Beamish Murdock, real and personal, with the exception of twenty volumes of Books, conditionally left to Thomas B. Aikins, Esquire, by said Will, is left to the family of the said Hono.iable H. A. N. Kaulback ; That your petitioners are informed that the said William H. Owen has declined to accept the executorship and trust under said alleged Will, and that the said Honorable H. A. N. Kaulback claims Letters of Probate and the administration of the estate of the said deceased ; and your peti- tioners say that at the time of the execution of said last mentioned alleged Will by said Beamish . Murdoch, he, the said Beamish Murdoch, was not of a sound and disposing mind, and that at the said last mentioned time, and for a considerable period theretofore the mind and will of the said decessed were under the control and dominion af the said Honorable H. A. N. Kaulback, and petitioners say that at the said time the said Beamish Murdock now deceased, through the use of ardent spirits, from bodily infirmity and under undue influence, had become greatly weakened in his understanding, and his intellect was impaired and disordered, and his mind so defective, weak and obscured, that he was not in a fit and proper condition to dispose of property by last Will and Testament, and said alleged Will ought not to be recognised in law as the last Will and Testament of the said deceased ; Your petitioners therefore pray that the said alleged last Will and Testament of the said deceased Beamish Murdoch, of the diite of November 15th, A. D. 1875, may be proved in solemn form of law, and that the said executors and legatees named in said Will, and all parties interested, may be cited to show cause why said Will may not be held to be i i valid and the probate thereof re- fped, and why in the meantime are further proceedings under said Will may not be stayed. ^^ C. BEAMISH, ^:^ALiFAx, April 28th, A. D., 1876. HENRIETTA JAMES. (■^ Lu: In tl takei Lettf beinj the c allov with even calle dock him draft copyi claus caniK I rea and ; Mr." Judg by ni of W expn it, ai will recjiK draft llOIIK groiii road> to as tie tl 11(JH.S the e I \va Jlraft ■'"''^*, \ ) COURT OF WILLS AND PROBATE. " LUNENBURO, SS. In the vuittcr of ilie priHif of flic lust Will und Tcstamnil in xnlcina form, of lii-niitU'i Murdoch, late of Liiuriibarij, la llie lUni.nli/ of Ln niuihiii'ij, linrrhlcr, (leci'um'd, dated, l-'ttk Novinit,her, A. D., J87''. The examiiiiition of Ec'.ward H. Solomon, of Lunenburg, in the County aforesaid, gentleman, taken before me, George T Solomon, Judge of the Court of Wills and Probate, and for granting Letters of Administration -.vithin the County aforesaid, this twenty-fifth day of May, A. D. 1870, who, being duly sworn, deposcth and saith : \m (Mr. Weatherbe requ(!sts on behalf of petitioners that all the witnesses, with the exception of the one sworn, be out of Court, the Judge decided that Mr. Kaulback, being an executor, should be allowed to remain and give evidence.) I was acquainted with the late Beamish Murdock, I think, in 1873 [ have had conversations with him occasionally, and only occasionally. I was called upon to make Mr. Murdock's will on the evening before the will was executed. The will was executed on the 15th November, 1875. I was called upon to prepare the will on the evening of Sunday, 14th Nov., 1875. I went to Mr. Mur- dock's residence on the evening of the 14th Nov., 1875. Mr. Murdock was there. When I saw him I shook hands with him. He said he wished me to engross his will. He then handed me the draft of the will. I sat down at a desk that was there and began to copy from the draft. During the 140 copying of it he suggested an alteration after I had finished the writing. I read it to Mr. Murdock clause by clause, cinbracing the alterations proposed by him which I had previously inserted. I cannot swear that he consented to it clause by clause, but he assented to the writing as being correct. I read it slowly and distinctly to him. (Mr. Owen asks from what transpired between Mr. Murdock and yourself on that evening was he capable of understanding the business in which he was engaged ? Mr. Weatherbe objects that it's directly leading the witness and getting his opinion as an expert. The Judge decided the question shall be admitted Answer — He was.) This is the draft of the will written by me on the evening of the I4th Nov., at Mr. Murdock's instance and request. There is no doubt of Mr. Murdock's being there ; he was sitting alongside of me close to me. After it was finished he expressed a wish then to execute. I told him I would take it down to my ofRce in the morning, engross 150 it, and bring it up to him ami have it executed. Tills paper marked A is the draft of the last will and testament of Mr. Murdock, written by myself on the evening of the I4th Nov., at the re(|uest of Mr. Beamish Murdock, and read to him by myself, and asscnteil to b}' him. I took the draft with me after examining short time at Mr. Murdock's and took it home with me. I took it home witli me same evening. (Mr. Weatherbe objects to the examiiuition proceeding on the ground that the full answer has not been taken tlown and on the ground that the witness has al- ready stated that he took tlie papei' home and copied it the i\ext morning and re(iuests the Judge to ask the witness if ho has not already given that evidence. In answer to the above, and to .set- tle the dispute, the Judge asks the ((uestion. " What did you do with the paper ?" To which wit- ness rei)lied, " I took the paper home with me." I was in Mr. Murdock's house about two hours on KiO the evening of the 14th Nov. Mi'. Murdock was present all that time. In previously stating that was at Mr. Muidock's a short time on that evening, I meant a short time after I prepared the Iraft. . I don't vciiiember havhiji: had any paiticular cf)iivtinatii)u witli Mr. Munlock on that even- ing. After the whole writing was done, Mrs. Kaun)aci< gave us some music. Tlio writing was done in the library, and after that Mr. Mui'doek and I retired to tlie other room in which we had the music referred to. ()n this evening of the 14th Novendier, Mr. Murdoek appeared to me to be well and active, his walking was feeble. (The Jmlge asks the (iiie'>, to be opened by H. A. N. Kaulback or William H. Owen on this envelope. The B on that envelope I did not write. The words on the envelope were written immediately after the will was put in it, in the presence of James Wentzell and Beamish Muidook, and it was written at the request of Mr. Mui- dock, I cannot positively swear whether Mr. Murdock sealed it. I am almost certain it was myself from seeing the stamp of my ring upon it. It was sealed either by my.self or Mr. Murdock. If 230 sealed by myself it was done immediately after it was emlorsed. It was sealed in my presence and in that of James H. Wentzell and Mr. Murdock. I think it was left in the possession of Mr. Kaulback by Mr. Murdock. Mr. Murdock died about two or three months after making his will. After Mr. Murdock's death I first again saw the will in the safe in the office of Henry A. N. Kaulback, Senator, enclosed in this envelope marked C, which was sealed. It was taken out of the safe in the presence of the Sheritt", Edwin Kaulback, and Frank Powers. After taking the will out the safe, Mr. Edwin Kaulback and myself took it to the restidence of the late Beamish Murdock where we understood one of the executoi-s was at the time, and I pei*sonally delivered it to W. H. Owen, one of the executors. 240 At the time I delivered it to him it was in that envelope and sealed. W. H. Owen opened the will and read it, and I think he brought it down to the Judge of Probate the same evening. I am positive W. H. Owen filed it with Judge of Probate that evening. I was with him. I couldn't say positively how long it was after Mr. Murdock's decease, but I think a short time after. James Wentzell and I remained with Mr. Murdock a short while after the execution of the will on the same day. Mr. Wentzell and I left the house together'. Mr. Murdock at that time ap- peared to be calm, pleasant, and self-possessed, and in fact was so. His health appeared to be pretty good. I didn't hear him complain. (Mr. Owen asks — Was he, or was he not, of .sound, dis- posing mind and menxory ? Mr. Weatherbe objects on the ground of its being a distinctly leading question in the main point of the case. Judge decides the question a proper one. Ans. — He was 2.50 to the best of my judgment, and capable of making a will. Mr. Owen asks — What further have you to state with regard to Mr. Murdock's nund and business capabilities at the time of the execu- tion of the will ? Mr. Weatherbe objects on the ground that the witness has stated nothing on I 'I J* ■I f',,' (» ^,^ir' tliat Miilijix't yi't. Tlir Jii(];;(; allows the (|iic.sti()ii. Alls. — I liavf luitliiiij,' fiirtlicr t'i tin- money, ami ciilli'.l mi> out into tlic :l()() hall to j>;iy me. .laincH Wciitzi'll was in tli'- sittin^f-iooni with me wlu'ii hr calltMl me ont. I don't ifnicndicr wIuTo Mr. Kanlliack was. I didn't sco },\\: Kanlhack when the will was cxt'ciitfd. Mr. Kanll>at'l< passed thl'on;fh tlie room ami sn;,'y;ested tiie will heinj,' leild whili' I was there to e.\ecntt! it. He passed thioii^di into his hed-rooni-the adjoinin;Lf loom. I don't know how lonj; he ii'mnin- cd then.'. I coiddn't say whether it was an hoiii'. I didn't take partieiiliir notice at the time. My attention was oonHned to Mr. Mnnlock and the oxocution of the will oxe.lusively. I can't romoin- her how loii^' .Mr. Kanlhack was in tdther I'oom or what portion of th(! time of my interview, Mr. Mnrdock, Mr. NVeiit/i'U and myself were present. I conld not say whether any one else was pi'eseiit. It was at evenini,' service Mr. Kanlhack asked me to ^'o up, I walked up with Inm. Mr. Kanlhack told inc Mr. Murdock wi.shed to see me, and at Krst I declined ;,'t)in<^ as it ;{!() was Sunday eveniiiL,'. He urj^'.'il inu to ;,'o up that .Mr. Miirlock wanti'd to sec me particularly. I t(»ld Mr. K. I did'nt care alxtut j^dinf,' up as it was Sunday evenin;f. He said Mr. Murdock wanted to see me particularly. I can't remendiei' any further conversation. . I don't remeinhcr tliat he told nic tlie mattei' was very uij^ent. I don't rcincmher that Mr. K. told me what the husiness was ahout. He may have done so, hut I can't n-collect. I had a ^rreat respect for Mr. Mui'dock ami went up. I may have askeil Mr. K. what it was ahout. I don't thiid< I had any hint of what the l)usin(^ss wa-! until 1 '^nt u[) there. It was hotweeu HMO and !) 1', M. in the evoninj,' when I i,'ot up there. I remaintid ah.)ut 2 hours. Mr. Mur(h)ek was not lying down when I went in. He was sitting,'. I cannot rememher havinj^ had anythin'.,' to drink there that eveniiiit and am certain 1 hail nothiu'' until after the work in connection with the draft of the :{2() will was done. I went voluntarily at the work, 1 was not urifed at all. I can't rumomhur that Mr. Murdock touched anythini,' that eveninuf — ^meaning ardent spii'its. i swear positively ho touched nothing' whiles he was in the lihrary. He was not out of the library dui'inj,' this time I was there. Tho ' lii)rary is a I'oom in which he had a numhi-r of h )oks on sludves, and is in dimensions ahout !) ft. hy 12 ft. There is a kitchen off that a little l(m^;er thiin the lihrary. Thi; oidy other rooms on that Hat are, I think, a hed room ami the other a sitting-room, the latter ahout 10 ft. hy 12. I can't say what the size of the' hed-room was. It is a one story house the house in which Mr. Murdock livi'd previously. Mr. Kanlhack, the respondent's ramily, wen^ livin!.f in at the time. I had occasionally seen him previi)us to that, oft.-nei' previously to ex(HMition of will than .'}:{() after. 1 noticed a feohleness in his lo;,fs on that ,.venin;^. He was alway.s tro',il>!ed in that way. It was nothing more than usual that evening. I noticed no extivme ilhuMS in him on thatjevening i'0(piiring a will to l)e made. I did'nt ol)scrvv' anything more tlian usual. I think he Wiis more feeble than he had previously been three y I -ars before. I ilid not obsei've him to bj more feeble then than a yeai- previous. I think he was not. I saw hi u about a twelve montii previous t) that time, in the street and in dnu'ch. I think I saw him within thr.'e or fi);n' montlis previous to execution of will. I saw Mr. .Murdock in May I think oi' .Fune. He was then at work in the garden. This was in 1875. I can't say he was suffering from broken ribs at that time. He was walking about in the garden. He said nothing to me about broken ribs nor I to him. I think he was more feeble at the time will was made than when I saw him in o4() the garden. Tie seemed to be as lively and full of vigour as six months previous when I saw him. He was more subdued I think when the will was made. Seemed to be quiet and calmer. (Mr . Weatherbe asks was he as lively at the time will was m ide as six months previously ? Mr. Owen objects on the ground that Mr. Weatherbe previously put the same question and received the answer thereto.) Answer — He didn't seem to be as lively. (Mr. Weatherbe asks Was he as full of vigor at m }i,.jmiM mitJi'^-jm .^.-j. ^ "'U :# ^» U tlu? time will was made as six inoiillis previously. Mr. Owen ohjccts, (jiipstion haviii}? Ix-Pii pirvious- ly askod ) Answer — lie a|)pfaie(l to he iiion; feehle, and was >t. so lull of viiror in my opinion, lie was not so lively and fidl of vigor at the time will was made as six months ]ii('vioiisly, in my ojjinion. Mr. Weatherhe asks — Had he hccome so feehle in yoin opinion as to refpiire an immediate will/ Answer — I cannot answer that (jtiestion. In my opinion there was a necessity lie was a ;>■">() man advanced in years and that was the reason for his making his will. I thought it was a time of lile at which a man ought to make a will. I knew nothing ahout his l)nsiness i:nd never .ememher having any conversation with him with regard to any husiness l)elorc his making the will. Of course making his will let me know what lie was doing with his property. The alteration, hy inscjrtion of the words " from time tv 'Uie," on '.hn\ page in paper marked A was made l)y me, at Mr. Murdock's suggestion. Tliat is the ordy alteration 1 rememher made at his suggestion. I can't rcmend)er at whose suggestion the other alterations wer<' made. I can oidy re- memher tlijit one suggested hy Mr. MurdueU. The Words "Coiiy," " lie.ainish Muii lock's," iind .liiiues II. Went/ill iind K. II. Solomon in paper A are not my writing. The whole of the paper, with the exception of the aliovc wolds, is in my handwriting. 1 think I recogni/e those woids, .'!(!(( not written hy ine, as the han state that he intended using that as the draft :' Mr. Owen ohjecls on the ground that this (|iiestioii was emliiiu-ed in the last general (pies- .'{SO tion answered hy witness. Mr. Weatherhe withdraws the (|U(stinii. .Mr. Kaulhack was only in my oflice a few luinutes the time he lonk away the paper A. I don't leeolU'ct anything that passed het ween us during those few miniiiis. I think I mentioned that I had seen .lames Weiit/.ell, and that I was going to get him up as a witness. I think I spoke first ahout the witness, hut can't say positively. I don't nnieniher that Mr. Kaulhack asked me who I could hriiig up. Mr. Weiit/ell lives at Ivitcey's ( 'nve, ahout Sol!) miles from liiineiihurg. 1 don't rememher what Mr. Kaulhack .saiil when I lueiitioned Went/ell. 1 can't say that Wenl/.ell was in niv oflice during the (ime Mr. K. was there. I swear that, nothing was .said ahout getting any persdn in the town as a witness. ' uisidered fliat Weiifzell woiilil he a good witness myself. 'VM) Weiitzell had cdiue in on other hiisi -is that lunining. I can't rememher that there was any eoiiver.satioii with Kaulhack at that tiiu> except with leganl to witness. I think I can swear ])ositively that nothing had heen |)reviously .said to Mr. Kaulhack ahout a, witness. Kaulhack diil not go with me. Mr. Weiitzell and I went up together. I take it for grantepyine- tho will. He may have spoken, Imt 1 (hm't reiiieiiiher. I can't rememher any of the words or conversation that .Mr. Miiidock aski'd at tluit time diiriiiLi; that Sunday inti-rview, except suj;-;ne-tiii,n' the alteration and ex[)n'ssiiio- ^ wish to execute the will. 410 Neither can 1 recollect any of the suhjects of the conversation except as already testified in my direct examination. He seemed more suhdiied than usual on that eveiiiiii;'. He was a very old man, L think ahout 7") years of ae-e, — a [iretty old man. I knew that for 1 ennrave(l his plate. I knew from information received from my father that he was an old man. I could'nt tell Avhat he died from. 1 did not visit him in his last illness, hut saw him four or five days hefore. I don't rememlier that 1 tc.ihl Mr. Kaulhack what time I'd he uj> at .Mr. Murdock's, he may have known. I can't say. 1 was lirst a\\are of the orii^inal draft liaviii;;' iieeii made hy Mv. Iv. when I went up on Sun- t noticed that my seal was on envelope (■ in this (the Judge of Probate's office) it is from the ring on my linger I wotdd not have recolleited whether Mr. Murdock or I sealed the envelope (', if I had not seen my seal on it. When I first went up to .Mr. Murdock'.s house on the 1.5th, I think 1 went straight into the library. I found Mr. .Murdock sitting there I 440 mean on the 14tli. \Vheii f went up on the l-')th we went into the sitting room fii&t (Mr. Wentzell and myself) on the 14th, I think, I went straight into the libraiy. I can't swear who I saw first when I went up on the lOth. I think it was the girl or .Mr Kanlhack's daughter. After we were in the room a few minutes, Mr. Murdock came in and I told him that I brought up the will The next person I saw after Mr. Kanlhack's daughter or servant was Mr. Murdock. T think the next person I saw was .Mr Kaulhack, who came through the room. I don't remember whether I saw any other person or not. Mr. Weatheihe asks : Are you aware that Mr. Murdock desired to marry a very young girl in this town? (Answer.) 1 know nothing of my own knowledge hut from hearsay. Mr. Owen objects to the witness giving an\ hearsay evidence. Witness says there was a com- mon report to that effect. 450 I never mentioned the subject to Mr. Murdock. 1 can't remember that anything passed on that subject. I was not accpiainted with the young lady. M- ™p"^ 13 I was not awiiiv at the time of the execution of the will of Mr. Munlock's chiUlishness with re- gard to young women I never waa aware except in this instance. I (lid not thiuiv there was much difference hetween his tottering on that evening and the last time I saw him in tlie street. (Mr. Wcatherhc asks) — " In your opinion would it not have been madness or silliness or childishness for a tottering old man in Mr. Murdock's condition to have married a young girl. (Answer.) There are certain circumstances in which a man in his condition would like to marry in order to be taken care of Mr. WcjitlK'rljc wislies to put the (piestion again. Mi'. Owen objects to Mr. Weatheihe rcit- 4(i() terating the (juestion, it having been already fully answered as appears hy the minutes. Mr. Weatherlie dc sires an explicit answer. Mr. Owen again olijeets, the former answer being cxplieit. .Judge allows ipiestiun to be put again. {Aiixinu'.) I don't think it would have been madness. I wish to decline any further answer. Mr. Weatherlx' asks : Will you undertake to say that Mr. ^furdoek was not suffering at that time From senile (lenientis or second childishness. (Aimim:) J can't say. But the man had too much intelligence for that. 1 will not swear he was not. I think 1 had seen him a short time previous to 14th Xovember. I think within a month. I had consitWrable conversation with him within that time. I swear 1 saw him more than once within 470 two months previous to I4th November. Hetween ISeptember 4th and November 14th I saw hiin twice. I can swear to that. He seemed to be in somewhat better condition on both these occasions. 1 can't say on which occasion, positively. It was in the library. I had a conversation which I lemember partieidarly. I can't remember the date of it. Mr Kaulback was present. No. I t]iiid< it was Dr. Jacobs. Mr. Mui'dock Avas relating anecdotes and inciilents of his jjast life. He I'eferred to his younger days when he was in the ottice of a gentleman in Halifax with my fathei- (the Judge of Proljute for this County) as students. There Avere ditl'erent subjects discu.ssed. I don't reineinlier perfectly. What he said I can swear was not imaginative with reference to what he said of be- 480 ing in the othce of a eeitain gentleman in Halifax with my father, and of his past life in his younger dixys. ilr. Weatheibe asks- — What part of the conversation icferred to, with .Mr. Mnrdock will you swi'ai- of your own knowledge was not imaginative? Ans. — With reference to being in the same otlice with my father. 1 can't swear to anything further. I think he mentioned something about polities and persons that figured therein himself. John A. I5arry. Two or three Admirals, related an anecdote of one Ailmiral. I can't trust my memory to say anything fui'thei'. ] don't reniendier any other matter at the time of execution of tin; will, except in connection therewith. There was .some conviTsation afterward, Init I don't remendier what it was. I don't know who wrote his le tters for him. 4!)0 Mr. WeatlK'rbe asks — Did you ever hear Mr. Kaulback say who wrote his letters for him at or about the time of his execution of the will. Mr. Owen objects on the gi'ound of Mr. Kaulback's statements not being evidence. Mr. Weatherb(> Avithdraws the (piestion. At the time of the execution of the will I resided with my fatlit.'r. I am a AvidoAver. A (^rown Land Surveyoi' and County Surveyor and County Tivasurer. Am not .acting as CroAvn Laml Surveyor noAV. There were four jnactising barristers at that time in Lunenburg. The popu- lation of Lunenburg is about o()()() within linuts, including Mr. Murdock's house. J{)'-('.v((in'ni.('il hji Mi: Oirni. — [ Avas in the habit of being in the .society of Mr. Murdock previous to his decea.-ie from time to time from that of my first ac<|uaintance Avith him. In sjjeak- .'lOO ing of .Mr. Munlock's feebleness at ditiereiit times in the course of cross-examination I referred to his physical state of health, ami had no reference to his mind. Mr. Owen asks — Did you or did you not obserA'e any change in the mind or memory of Mr. Mnrdock from the time of your Hrst becoming ac(|uainted Avith him to the date of it, and subse- •piently to the execution of the will f Jf so, what i (Answer) I did not observe any change. When I maile us(; of the Avord subdued on my eross-examinaticm I meant he AA'as ([uiet I observed nothing of childishness about him. He never manife.ste signatiu'o as witness to that will in presence of myself and Mr. Munloek. k; Tlic otluT 8i-;natiiip iih witness to tlint will in mv signnturo. I affixed it ns witness to that will, in prencncc of Mr. Murdock and Mr. Solomon. When 1 my " ns witness to the will," I nitiin witness to the si^rnnturc of BenniiHh Miirdock thorcon. There was not much re(iuest at all ahout witnessinjj: the will, hut Mr. Murdock said we had to witness to it. I rememl)er that distinctly. Mr. Murdock nllixcd his signature to that paper marked B, in the presence of Mr. Solomon 010 and mvsulf. .Mr. Solomon executed it as a witness, in my |)resence and Mr. Murdock's. The will was then toldcil up and jiut in the envelope, which was endorsed hy Mr. Solomon, nnd was sealed then and there immcdiiitcly alter the execution. .Mr. Solomon, Mr. Murdock and myself were the only persons in the room wluiti the will was executed. To the hcst of my know- ledjre, Mr. Solomon sealed t!ie will lor .Mr. .Murdock, and then handed it to Mr. Mnrdoek. It appears to me that Mr. .Murdock made some rctcreruH! that he had relations in Halifax that might think they were heirs to him, — that mi.u'ht call themselves heirs. I can't name the particulars, what further he saiil. The way he s])okc of them was the way in which I here speak of them. Mr. Owen asks: — If you don't remember the exact words made use of with respect to his relatives hy Mr. .Miinhick, what impression was conveyed to your mind hy the general remarks made 620 by him with respect to llicmy Mr. Weatherlie olijccl-". A7iniccr. — I don't know of any im]>re>.^oon as it was seidcul and endorsed. .Mr. Murdock called Mr. Solomon out ot' the r >om. It appeai.s to nu; tliat .Mr. .Murdock laid the will on the table or in a hat. lie did not give it to iiny one befoi-e I left, to my recollection. .Mr. Kaulback cumc into the room alter the execution of the will. It was a couple of minutes before we left the house. Mr. Owtn states that he disiienscs with the further evidence of Mr. Wentzell for the present, intending, if necessary, to recall him. .\lr. Wcjitherbe repeats the stateineiit entered at the close of Mr. .Solomon's direct evidence, in reply. Croaa- K.r(U)H)ud bij Mr. Wvrdherbv : — I am not a friend of Mr. Kaulbacks. I know him. 050 I can't say whether he or Dr. Slocumb, or .Mr. Jost. sup[)orte(l my appli(;atiou for a Commission. I was appointed a Justjee of the Peace by petition ot the peojjle, I didn't apply for it myself. I had been in the habit of drawing and witnes.^ing wills, but not as a regular business, but whenever called upon. I do it for pay. I wrote about a dozen the past year. I can't say that I witnessed any wills but those I wrote myself the past year and .Mr. Murdocks. 1 only look upon it as a business, when I wrote them my.'inoii tell Kaidhaek that I was ^oin^' up an ii witnesH. I (illO Mwear pusitively I ilidn't speaii l.i Mr. Kaiilliaek in Solmnuu'H ulJiec, or in Liinenl)ur;.', previous to •piin^' np to the house that niorriin^. I have not said on my cxaniinalion that I couldn't reeolioet m-einf^ Sir. Kaiiliiack, or speHkiiiLT to him. I have stated everything,' that iceiirnd on the visit to Mr. Miirdoek's honsc on the 15th that I rememher or recollect ot wilii re^'ard to the !>'• It appears to me that he took rather more inti'rest in it when .^^olouion lead it than when he read it himself I considered that (uu; of llu; evidences of his soundness of mind. I considered that the strongest evidence of his s mnde-s of mind as I juilged, but there was very little difference in the interest if any. Mr. Weatherlie asks :— Was that last answer an answer to a cpiestion put by me"? AiiKwer. — I went further in sayiuir that there was very little dilference in the interest he took in it when he read it himseit, and when .Mr. Solomon read it, if any. [ consider that dillerence a part of the evidences of his soundness of mind. Do you consider it one of the evidences? Ansircr—Yv^l . ' ~00 Do yon consider it the stnnigest evidence':' ^limivcr. — I can't say that. Have you already sworn so'/ Ausirer. — 1 swore it was one of the strongest evidences. I have not sworn so. (Jucslion. — What do you consider a stronger evidence? Ansifi'i'. — 'J'he whole conversation from first to last when I entered the house. Qucntioti. — What part of the converssition ? A)iswer. — .VII through. I can't merttiou a parficidar part. Question. — Have you not already sworn that yon have given all the grounds upon which you based your opinion of his soundness of mind? ' 710 ■L a igLJ. i iJmxAM ' M ? 18 \- ■, ■'ifj AhHtrcr. — I have. (Jncsfiu)!. — Iliivo you <>;ivcn tlic conversation as fur as yoti can recollect? Ansii'cr. — I think I liavo. Question. — Do you now recollect anytiiinir f'lntiier ; ret'resli your memory and explain fully? Answer. — Tlicro is notliinjj on my mind that I can tiiink of. Quest Ion. — It) there any other as strong evidence in what took place of testator's soundness of mind as the diirercncc of interest he took in the readi;\ minutes f,Min tb.e time the will was handed .Mr Murdock or laid 740 on the table, to the time Mr. Kaulb;iek eam' in, in my opinion. When .Mr. Murdock first came in the time w.as bid. It was a fine day, and we looked out of the window and made some remark about a vessel and its being a tine day, and almost iinniediaiely .Mr. Solomon handed him the will which he had re■) Ans7rer: — She would trcjit him moii' as a child, lie was kind of chiUlish. She would treat him kind and do as ho liked. She treated him timt way while I was there and hcforc. She always treated him kind and did everything for him. Qnexthn: — M'hat do you mean hy "did cverythinif for him?" Jhisirer: — I mean in dressing him and looking after him and seeing that he was always tidy and eleau when he went out. He required attention in the night. Mother gave it to him. He required attention frecjuently. .Mother would always see to him when he went to hed, and get him ready for hed. I was not present when mother was present in his private room. Before the Knul- 920 hack's eanu- to live there he would go often to their house. Sometimes he'd go himself and sometimes Mary and Kussie or Mrs. kaulhack woidd come for him. One time Mrs. Kaulback and the two children came in the carriage to take him for a drive, I saw Mr. Murdock at the time. Little Mary took the message in to him at the time. W'v both saw him. He was lying down. Mary fold him she wanted him to go for a drive with her ma. lie didn't want to go, but she said her ma would like hiiM to go, and then h(! went. Her ma didn't go in. He wimld sometimes stay there at night, between nine .itid ten and after ten. He was very feeble iu his walking. Well, feeble in his legs. He couldn't \ialk anv great distance. A short time before s'le went away, Mr. ^vlurdoek gave mother some things, — a stove and some spoons (silver). I tliiiik a iiidf dozen; not sure; I didn't count them. When mother first 930 went to keep house f'oi .Mr. .Miu'doek, he told her tli i-e spoons were hers, and when she left in my presence she said, " Weil, Mr. .Miiidock, 1 suppose 1 can liav(> the spoons that you said I could have, that you-gavc nu' ;" and he s.iid >' Certaiulv. .\Irs. Peek," and then .■^iie asked him if she could have the stove, anil he said yes. He v^ot the:u liaek after the ICaulliack's came there ; and after we left, Mrs. Kaulbaek sent for tliein, ,uid mother s. ul the sponns to tlie house. I didn't hear anything that passed after that, when Mr. Murdock and Mr.s. Kauil):iek was ju-esent with my mother. I don't rccol- I(!Ct Mr. Murdock's being iu Halifax at anv time ; I recollect his beie.g at New Ross. Don't recollect the time. I know Mr. Charles r>einuish ; I recollect seeing him at Mr. Murdock's house. As near as I can recollect, I saw Mr. I5eanu"sli at Mr. Murdock's (tuce ; that was before Mr. Kaulbaek came there to live. Mr. l?eauii.sli Murdock. I think, went occasionally to church iu the mornings. I couldn't 910 ?ay how often he went bot\ left, and as far as 1 understand, remained there until his death. I was not paid anythinj,' aft(>r the Kaidl)ack's eanie. Mr. Kaulhack paid mother some money. I don't know whether they boarded there or not. 1 don't know who was master of the house after Kaulbark's eame, or whether it was .Mr. Kaulbaek or Mr. .Murdoek. I did not see .Mr. Kaulbaek transact any other business of the establish- ment or pay any other money, except that to my mother. (Jucstio)i. — How louff did you understand the Kaulbaek's intended remaininji' there .' Mr. Owen objects. Mr. Wcatherbe withdraws the (piestion. Mr. W'oatherbe repeats the (picstion with the addi- tion of the words, "from Murdoek, Kaulbaek or his wife." Mr. Owen objects on ground that the understanding is presumed by "vir. Wcatherbe, and not !I80 stated by the witness. Mr. Wcatherbe withdraws tliis, and repeats the first question, Mr. Owen objects on the ground that there was no understanding previously referred to by the w itness. Mr. Weatherbe states that he witlidraws both questions to save time. Mr. Murdoek was sick a couple of times between June and the tinu! I left. lie was not in bcil. \ (h)n't remember of .seeing the Doctor or any doctor there l)etween .June and the time I left. J think the childishness and feebleness of which I speak was just from old age. Cross-examined by .Mr. ()wen : — I first went to live at tlie bouse in .March Don't remember the day or date. .\s my mother UDO was there, I was not tied down to the house in any way, but ran off when I j)leased. (^nestion. — Situated as you were, I suppose you didn't take nuuh interest in what was going on .' Aiisver. — Well, of coitrse, when 1 was in the house I knew what was going on, but when I wasn't, I did not. (JucslioH. — Have you or have you not given all your riasons tm' his belui;' in your opinion childish. A)i,swpr. — I have given all I know. During all the time I was at .Mr. .Murdick's house, he was ,-ome (hiys worse and others better. He was in the habit of, and did attend to his gardiii that spring of li'^75. He was in the 1000 habit of rising early and geltiug out there early in the morning. He had a pietty large garden. .Mother and he put in the seeds. I think motlu'r put in tlu> most o\ them. .Mr. Murdoik put in very many of them when nujther was not in the garden, (jHt\slio)i. — How long, after voui' mother went to live there, did you go; about how long after, as near as you can remember .' An.sicer. — I don't remember ; aliout a year after. (question. — ^'ou stated in your direct e.xamiualion that .Mr. Murdoek gave your mother a stove and some spoons. Aiisircr. — He gave her tlu" spoons when she first went theie to live. He gave her the stove two or three days bcfdre she left. I think in the morning she asked him for the stove, and he gave 1010 it to her. I was present ; no one elsi". It was in his bedroom. I coukl not say where .Mis. Kaulbaek was. 1 think in the house ; \ can't say where or w hat part. I don't know w here .Miss Edna Kaulbaek was at that time. When mother was leaving, she said to .Mr. .Murdoek, " 1 suppose I can have the spoons you gave me when 1 first came." IJucfition. — Ueyoiid that, do you know anything about the spoons ! A.nsicer. — Yes, I know that .Mrs. Kaulbaek sent for the spoons afterwaids. m of thci wor him iii>t Mr. the • lee fliii ()\v llinl tlin ii\'U tlu« 24 ()ufstlon — Tnx'spcrtivc of that convormition, (li> you know anything, of your own knowledge, of Mr. M unlock Imvinjf given theau Hpoons to your mother .' 1020 A niwer, — No. (Juiisfi')H. — Did you chargo your memory particularly with any conversation that took place there while you were there in Mr. Murdock'n house ? Answer. — No, I did not. (jKHstioii. — Was Mr. Murdoek in the huhit of reading and writing a good deal while you were theic { Annimi: — Readinti, he was. (fm:-art of the lioiise jinii knew they were there alone. Q II t'nH (I II.— Wiiw (lid you know ? A iinii'''i:— I saw mother j,'o into the room when .Mr. Kaulljack and Mrs. Kaulliack were there. 1040 Mr. Weatherlie asks (he same i'i;;h(. of expliuiadou as was allowed Mr. Owen in the ca.se of the witness Weu(/,ell, as (o th.' mean in;^' of the word " pi'oduced." After hearing Mr. Owen and deeliuiuL,' to hear .Mr. Weatherhe further, on account of this interrujjtion by Mr. Weatherlie, the .ludge decides (lia( lie declines (lie i'ec|iies(, (lie (|ues(ioii having been fully answered, and that Mr. Owen proceed with his e\amina(ioii. (Jiii'.vlldii. — Miss Peck, you referred to some conversation bitween Mr. Kaulback and your mother in the house, I'clatise to Mr. Murdoek. What gave rise to the eonversatiim i Aiisii'n: — 1 dtpii't know, no more tlian I heard .Mr. Kaulback and mother talking. Qiii'.iflini. — ('an you undertake to statt' the exact words of that conversation ? vl».s"v/'. — No; I didnt un r-~tand e\ vy worii. — How long aftei' (ea ' yl >/.s"V/'. — It wasn'( \rry long, liecause (lie dishes wasn't washed yet; it wasn't immediately jiftei' ; Mis. Kaulback was out walking. 1 saw her out. 10(10 (Jin sliuii. -\\ii\\ did you know she was out walking /I //s/e,,'. — She went out !lf(ir (ea. (Jinslioii. — How many days was (his after they came there ? Alixirrr.- I don't klloW. (Jili'Kliiiii. — How long befol'e you left (here :' Aiixii'ii: — Two or (hree days. 1 don't know exactly how long. Qiii'sf'iini. — \\'ere your mother and the Kaulback's on good terms at the time she left. Aii^frr. — Not on very good terms; 1 don't think they were. They have been (m bad tei'uis since she left, as far as I can .see. I don't know how long they were on bad terms before; we left. When they first came to live there, she and the Kaull)ack's 1070 were on ''()()(] terms. (Jiir.^fl How lontr after :' 'H:>: 25 ^ ylvfscvc— They wciv on oood tuniis until indtlicr knew sliu liiul to leave Mr. Mnrdoek's. I I don't know liow lonj,' it was Lefore my niotlier left that slie knew slie lia.l to leave. (^((r,s//(>//.— Have you or liave you not fre(|Uent!y talked over tliis matter witli yoin- motli( r ^ yl7i.x?«r/'.— Sometimes J did and sometimes J didn't. I never concerned myselt" nuich aliout Mr. Mnrdoek's Imsiness anyway, nor noliodv else. (Jiirstioii. — Did y(jur mother tell you how nuich she was to i^^et under the other will, — what tliey call the other will :' AiisHTi: — Two hmidred jiounds. lOSO Q«('.s//()((..--\Vliat f Avsirn: — I don't know what. I'ounds my motlier said— two Innidred jxnnids. I saw Mr. Charles I«eamisli once at tlie house. 1 cant say how much oftener lie was there. I wouldn't .say he was not tliere more freijUently ; 1 don't know. Qarstioii.—'i^ow, then, .Miss IVek, do you know that your mother received a letter from Mr. Murdock re(iuestin,if the return of the spor.s ? Anmrcr : — I couhhi't swear to it. Qii.c.'^tldii — Why can't you sweai' to it:" Anmrrr : — I don't know. Ke-e.xamined by Mr. Weatherbe. QhcsHoii : — The seeds referred to in your cross-examination I suppose wi're jilanted in the spring? ■ 1100 Ai)s)f<'r: — In gardening time. Qai'Ntioii : — J)o you recollect what months :' Atisivcr :-^J don't know. I don't know how he planted those he planted himself. Qncsftoii: — Do you recollect of liis ever getting u{) in the night to go out in the garden. Ansuwr: — No, 1 don't. (^iK'stiini : — Do you recollect hearing youi' motlu'r state that she found him once preparing to go into tlie garden at night ' Mr. Owen olijeets on the ground that it is hearsay evidence, a leading (juestion, no reference made to on I'ross-examiiiation by Mi'. Owen. .ludge shuts ijue-'tion out. 1 i 10 (Jiifsliini .'—Did your mother evci' tell you until after the death, how mueh was in the will ' -Mr. Owen objcets as suggesting answer. .<-h(.s*'v/' . — .she told me before and aftrr tliat Mr. .Murdock had left her something. QiKslivii : — Did youi' mi>tlier tell you who told her ' /l//.s/'v/' . — Mr. iSeamish said he left Inr something. Mr. Beamish toM niothei' the timi^ tliat lie was down ; dont reiiiendici' when. I never heard .Mr. .Murdoch himsidf talking to mother about it. What Mr. lieamish told mother was before the ivaulbacks came to the house. Qiicfitinii : — What further did .Mr. lieamish say :' Aiifiii-cr: — 1 don'l know, I di, the last tiiu" he w.is tlier.- I think. I ne\t saw him in Lunenburg latter end of August or I ICO beginning of September, 1n7'), at the ))laee ho last resided. I was on my way to Liverpool in Steamer, and my father gave me a letter from him to Mr. Murdock. I took the letter uj) ti) him at his house. He was a very old friend of my fatlier's, they hail not correspoiuled, liut would write occasionally. They had been intimately acipiainted for over thirty years before Mr. ^hu■dock came to Luneiibing, I mean alio\it tliiity or forty years up to the time of his death. It was not a letter of business, just a friendly letter. I fouinl a great change in him from the last time I saw him. I handed him the letter in his room. He was alone. I was greatly shocked at his appearance, he had changed so much. He si'emed to be ipiite indiecile ; did not know nu'. I nu-ntioned my name to him, and then at tiist he did'nt seem to comprehend who I was. I handeil him the letter, he h 27 liandftl it hack to inc, and asked me to icad it (o liiin, said Ik- lould'iit sec. 1 read it to liiiii and lie 1 170 did'nt .seem to take any iiitcii'st in it at all, and made no coninicnt upon it. His mind sci'niiMl to nit;' to 111' (|uitt.' j^onc. Me did'nt scmi to lie aMc to \\\ it on any sulijcct. in talkin;^- with him lie stH'nicd to he very cliildish— scemt'd to liave no memory and eoulil'nt carry on a c(invei:-ation at all. 1 wa.s only a .short time with liini. I trie(l to ennJiLTc him in a conversation n])on a visit that my fa.thi'i- had sn;,'ji;este(l makin^^- to liim, Imt he seemed to have forL;otteji all ahout it. Hi- moved ahout very little. Me went iVom his cliair to the cuiihoanl and liack I thiid<. Mis walk was very tottcrinj^f. His dre.ss was very sloveidy, — .seemed to ho (jtiite caivle.ss aliout it. Mis tronsi is were all stained witli nrine marks. I coidd'nt liavc liceii tin re more tlian a (jiiarter oF an hour. I (hiid< J was sliockod at his appearance, hotli mentally and pliysically. I left .Mr. .M unlock and the house, met Mr. Kaulhack ami returned with liini. I did not remain five nnnutes. The lioat was hlowin^ I hSO then. Then I went down on hoard alone, and went on to Liverpool. 1 left .Mr. Kaulhack witli .Mr. .Munlock, 1 don't rememlier havinj.^ mentioned to Mr. Kaulhack the condition in whicli I had i'ound .Mr. Murdock. Cro.ss-examined hy Mr. Owen : — I cannot tell how lon^' it was hefore Mardi or Ajail 1S7.") that I saw .Mr. Miudock previously. I did not meet liim very often since lie came to Lunenhurtr. 1 saw lum on more tlian one occasion in Halifax after he cami^ to Lunenliur;^^. He did not, that T rememlier, tidl me at the time that I saw him in Lunenhurj;, as referred, to refer to a recent tit of sickness, nv that he was recovering; therefrom, nor did he at that time, that I rememher, refer to any parties from Halifax, who had re- cently visited him. He told me he couldn't see to read the letter. 1 think he told me that he could 1 1!)() not reco;fnize nu- in conseipience of his slight heinj^ impaired. One of my rea.sons for cominj,' to the conidusioii that his memoiy was defective was that he didn't remendier ahout the visit that my father had promi.sed to make him. That was the suhject of the letter. (.Mr. Owen ohjects to witness ott'erinj,' any evidence, or its heiny- taken down in the minutes with respect to contents of either, he not haviuif asked for any information with respect to said letter or its contents, and respondents not haviuLf received any notice to produce the same.) 1 Mas personally jiresent Avhen an arranj^emeiit of that .sort was entered into hetwen my father ami .Mr. Murdock. It was jierhaps a year jireviously, and perhaps loiii^^er. I cannot .say how much loULjer. It was in my, (the witnes.s's) olHce in Halifax. The marks referred to on Mr. .Murdoch's trousers as heinLf those of urine, may have heen cau.sed hy nitric acid. .Mr. .Munlock di.sp'layed an 1200 incapacity to enter into conversation with mo. .Mr. .Munlock oh.sei'vod a rotici^nce. Ho displayed no inclination to enter into conversation. I am in a ]iosition to state that I think I was there fif- teen minutes. 1 did not time myself. I am acipiainted with .Mi'. ( 'harles lieamish. He is an inti- mate friend of luy father's. I have known Mr. lieamish for several years. .Mr. Owen asks" Is .Mr. • "harles IJeami.shan intimate friend of yours." .Mr. Weatherho ohjects on the j^'round of entire irro- leveiicy. Aiisircr :■ — He is an intimate frieiul of mine. .Mr. Owen asks, did you and ^Ir. Heamish comedown in the steamer toifether. Mr. W'eatherhe olijects on the unnund of iirexeleiu'V. Aii"- >rir: — We did. Mr. Heamish and i talked this matter over a little once. I jiositively state that I had only one conversation with .Mr. Hi-amish with re;4ard to Mr. Murdock's will. .Mr. Owen asks- -"Hav" yi,. had conversations with .Mr. lieamish with respect to this trial 1210 since coming to liUneiihiirg." Mr. W'eatherhe olijects. Judge deciiles ijuestion shall lie asked. ..I iiKi'-ir : Ves. (Sgd.) .1. orTK.\M,,lr. Sworn to'liefon" me at LunenhuiL;', in the County of jjuneiihui^-. the 2(ith ilay of May, .\. 1). ISTCi. (IKOROK T. SOLOMON. Jiiihji III' I'liilmlf. ''r. .(■ LU In Fisli ill;; 1 M'llO iiiy t liavc Sprii the 1 wIr'i lions KRAV Miin ill 11 liy c( for li conv Avoul (Jovi to CO liUlK IllV I Mnn tVii'ii lolll,'. Ml- I Ml in 1.0(1 i small Kiuil ))oi)r Toliii tioii. in ap UJipi'J tlirtv sti'ad He M 28 COURT OF WTI.l.S AND PROHATE. 2;]0 LUNENBURG, SS. /;) ///(' hiiitfrr of Ihr jirnof of the iilln/nl lust n-lll ,,ii(l fculiiiiirnt in sulnmi fonn of Bfuviixh Mnrdofk, liilr of Lii iiciihii ly, in tlir Coiiiiti/ (if Li'iiriiliii ly, Jhi rrixin; dctrnsed, (li(t('(l \2'20 Fiflccnfli Xoirnilirr, A. J). JS;,',. TluM'Xiiiiiiiiation (iF Kdimiinl ,). Tol.in, of Halifiix, in tlii' ( 'oiiiity of Halifax, Inspector of Fisli, taken licfore nit', CJcori^'c T. Solomon, .lu(ij,n' of tlic ( 'ourt of Wills and Pioliatc, and for },n'ant- ini; Lettrrs of Administration, witliin tlic County aforesaid, tliis Tliird day of August, A. 1). 187iM'arcd yoterday, in accordance with adjournment.) 1 was actpiainted with the late JJcamish Munlock almost from tlie time I was a child, but liave been on very intimate terms with him for the last five years. I last .saw him in Halifax in Spring of last year 1 thiid<. Saw him in the street and at AJr. Heamish's house. I was always in I the habit of calling on him when he came to town, since he has heen living in l^unenburg. It w.a.s when he eame from Lunenburg to see Mi'. J^)eamish^ Next time I .saw him was in Mr. Kanlback's house in Ijuienburg, on the hill. I have no lecollectioii of seeing him last Summer. The time I saw him in Kaulliack's house was about the 27th or 2Sth October, bS7.'). I always considered Mr. Murdock a very clever man — a remarkably elever man. lb- had the reputation of being a Lawyer in Ibilifax. 1 believe he ])ublished a history of tlie Province. He was a Queen's Counsel. I know by common reputation. 1 was in tlu' habit of holding Vfiy long conveisations with him, sonietimes for hours, down to thi' time I last saw him in Halifax. He \\as one of the pleasiintest men 1 ever conversed with — such a fund of information. He was one of those men, who talking on a subject, would place it very deaily hefore you. I hold the ollice of Inspector of Fish, uinler the Dominion 1 tiovernment. I visited I.,unenburg in October 1.S7"), on (lovernmeiit business. I asked Mr. Beamish to come down with me. I stayed at Kings Hotel with Mr. Pjeamisli. On the day wo came to Lunenburg I saw Mr. IJeamish at Kaidhack's house. We did not go in company. To the best of my knowledge he left me to go to Mr. Murdock's. I resolved not to go away without st'eing Mr. Murdock, and as soon as f had tinished my business, went to see him. I simjily went on a visit of friendship as an esteemi-d fi'ieiid, and as a mark of respect to the old gentleman I hail known so long. ^Ir. Heamish was at the house at dinner when 1 arrived there. They were all at dinner. Mr. Kaulback admitted me, and I sat in the other room till they had tini.shed. I first saw Mr. Murdock coming into the library or bedroom in which 1 was sitting, from dinner. There was a bed in that room. It was a long room and rather narrow. It was what in town we'd call a 1 small room. Ib're 1 sup|)o.se they'd call it a large one. It was large for size of hottse. They (Mr. Kaulback anip any comiected conver.sa- 240 2.')0 tion. tnue: I tried it several times. Not at all like he was ni oli (Jiii'xiloii. — What state of body was he in f Aii-iin'r. — Well, that shoeked me luore than anything else; he was always neat and natty in appearance jirevioiisly. He came in and sat down in the arm-chair and I then noticeil his I ai)pearance. I oidv saw his face and his hands. His face was unwashed, hair unbrushed, and nails dirty. That was my impression at the time. Qncslio)!. — Physically, what condition was he in ? Aiixtri'i: — He was very feeble. I noticed it by his taking hold of pieces of furniture and sti'adying himself till he got to his chair. He took a pipe ami lit it. He tried to kec]) it going. He was all slobbered over with .spittle, and looked very disgusting, so much so, that I thought 2G0 tl c< oi it a> M it K U' sa f.i S(l fo <1< M ni 111 M III ill III so 111 -M I ' till !l('( fol fill cm C'ill cai 20 Mr. IScaiiiish and Mr. A kins Imd lictt.r takr ,,ut Irtt.is df -imnliiinsliip, and l(M,k after liim. 1 tli(>n-,dit lie was not al>lc to take carr of liinisiH'. I was not aware of Ids liavin^f any relations or coiniections, e.vccpt tliose two. Mr. Beundsli paid some n:.irt,L(a,i,'e or interest nioney.'or sonietldn,:,' t)r (itlier. ' " ' jo'j'o (^*'(',s'/ /(*;). ^^Ilow did lie seem to renjird the matter. Mr. Owen olijects. .■l/*.s/r,;'. — II,. ,|i,l„'t appear to care miuli aliout it. Didn't apjiear to take mneli interest in it as fur as I recollect. .Mr. Mnrdock lianded it over to Mr. Kaull.aek. Mr. Kaull.a(d< counted it, as far as J recollect. I tldnk Mr. r.eamish lianeannsli diil nn( hand the money to .Mr. .Murdoc k, after .Mr. Kaulliack connteil it. I am certain .Mi'. Kanlback counted the money to see it was li^lit. I don't know whether Mr. Kaulhack handed it hack to Mr. Mnrdock or nit on the hed. The other chairs were occupied. Ml'. Kanlliack oU'eivd me his chair, hut I preferred the hed. Tliere was a talile near the centre of I'l'M) room. Mr. Kaulhack sat there niakini;up the calculation. Mr. Beamish didn't a^ree. They asked me to a.ssist, whicli I did. ''Mr. .Mureami>h'> hou>e. I'revions- ly to that, I had not so mucli acipiaintance as latterly; Imt Nince that 1 was more intimately DJiO ai'i|uainted with him than perliajis any one in H.ilifax. except .Mr. I'eaiiiish .•ind Mr. .Aikins. I am forty-ti\-e years of au'e. (2"'>-/i"'/(. -AVhen did you first iiecimie intimately ac(piainted with Mr. Mnrdock. Aii!r'uv^ in luwii, witlioiit timliiiu- |,iin at Innnc, niirr\\ nil rshv ly iiitimatr ti'i'iiis fur a iiiimluT of years past ! Mr. Weatliei'lM' iil.jects oil tlie m|',,iiiii| nf irnlevaiiey, and rei|niies tlie .lii.l;;v's diiiiiioii as to vlietller it's relevant i>V Ui)\. • Imli^e decides i|l|eNtii)n sliall nut l)e |illt. tiuli. Aii^ii;-,', I liave. Nearly every day that he's in tuwii. He's ufteii away .slmotinjj and (isli- ini; aliunt th (Uiiliy. (Jii<\. and that the (|uestiuii is eiitirtdy irrele\ant. ■ Iud;,'e admits the t|Uestiuli. A iisiiri:— \ ha\e. I think 1 have twice ur thrice. I came down ^ith Mr. Beamisli about 27th or 'JiSth Octolier. I.ST"), and went tu Kind's Hutel .saini' evening-, wliere*we dined, 1 couldn't I.S'IO say which left the Hotel first. He went in one direction, I in another. 1 next .saw iiim at Mr. Kaullia<'k's lious'-, wlu're Mr. Mnrd.ick was liviiii;'. 1 thought I wuuld find M. Ileami.sli at Mr. Murduck's. We had made arrangements tu <.'(i unt sliootiiij,' that afteinouii. Qiic^lioii. — -Previously to leaviiiii' the Hotel on the occasion referrtHJ to, did ncjt Mr. Beanii.sli inform you that lie intended 1,'uint;- tu \lr. Murdocks, and did you not meet Iiim there liy appoint- ment, iiieparatory to yoiiiLr shuutiii'^. ,1 //.s"v/'. .Mr. i'.eamish (uld me hefure leaviii;,' the hutel, that he had suine luisiness tu trans- act with Mr. .Murduck. and that he wouldn't he very loiiLf. I told him I'll like to call on Mr. Murdock, if Mr. lieamish were not hack at thi' hotel when 1 returned from doin,;,' my liusines.s — that 1 would l;o on to Mr. Miirdock's to meet him, and if he were hack at the li lint l.rill;,Mllilc to IVIul (it tllc tilllc Vnll Wi'iv at till' llMllsr willl Ml'. |5cilllli.s|i ill ( ktohiT, iiiuy nut I lie I'act »f liis nut litiviiiif cunut.'cl tlic ninncy, liavi- licm atfrilmt.'ili' tu that musi- ;' I.SSO A iisii; r. ( )!' cuiiisi' it iiii;,'lit. (Jih^iHini. May nut tlir fact, uf liis not liavin,^' written tin' ivccipt ivf.Tiv.i to, liavc liccn iittiiliiitnl'lc to till' same cause t A iiKirrr. ^'es, (JiirsHnii. May not tli<' fact of liis not liaviii;,' personally iiiaile the ciilciilutions referred to liy yoii, have also lieeii attriiuitalile to the same cause. Aiisirn:- I |iresiinie it niiiy have lieeii atlriliiitiilile to this canse. (,)'//.s7m>//. -Von stated lliiit when .Mr. .Mtirdock entered the room and was ;;oin;,' to his chair, he tduk hold of several piice-. of fiiriiilure; may not the fact of his so doiny also have heun mvin;,' lohissiMht liein;; impaired ' I'.VM) Mr. Weatherlie olijects. .Mr. Owen states that he shall not pres> (he ijiiestion. Ile-c\amiiied liy .Mr. Weatherlie : - Mr. Owen olijects to any le-eNaminalion hy Mr. Weatherlie. (^lU'sfiiiii. .Mr. Owrii spoke uf tjshiii;;' aiid shuutiiiL;' excursions, and conversations with Mr. Ueamish, —did tliev inliiienee yuii in ;;i\ini.;' yoiir evidence in any way whatever f .Mr. ( )Well olijects. vh/.s/iv/'.— Not in the slie;htest. (JiiiKli ovideiR-o you woro to give ill this matter i' 1400 Mr. Owen olijects. ..I iisinr. -l\v never rcfeired to anything alioiit what I had to say. Ho inforined ine that he had (lispiiteiUthis will, and that he felt very much aggrieveil alioiit it. He explained to me in .some way as to how the money had lieeii left, and 1 cared so little ahont it that I tried to turn the con- versation several times, lie told me of his luingiiig the action, and that he would reipiire nie for a witness, lie never conversed with me alioiit the evidence I had to give in this .suit, and I told him I Wouldn't gii without a sulipo'iia. lie-examined liy Mr. Owen: — (Jiii'sHdii. — You stated in yunr re-examination tliat Mr. Beami.sli never conversed with you aliout the evidence you had to give in this trial. Did not Mr. Beamish refer you to the visit refer- 1410 I'ed to liy you at Mr. .Miirilock's, and to what took jilaee on that occasion; if .so, did he not a.sk you what you could prove with respect thereto. .Mr. Weatherlie olijects to any re-cross-examination. 'J'he Judge rules that .Mr. Owin cannot enter into a re-exainination. Mr. Weatherlie withdi'aws his olijection to the aliove (|Uestion. AiisH'ci: — On the contrary, I referred to him more frei|nently tlian he did to me, about the .sliaiiiefnl condition in which Mr. Murdock was, and the sin of leaving him there in the neglected state in which he was. (Jinnliini. — On referring to this matter to Mr. Beamish, did you not then enter into convonsa- tion with him with I'egard to it ! Answer, yes or no I 1420 Mr. Owen withdraws the (luestion. EDM. J. TOBIN. I > . t Sworn to at Lnnenhurg, in the County of Lunenhurg, this 3rd day of August, 1S7G, before me, (;iiO. T. SOLOMON, Jmlijc of I'l'olxtti: &^: v'^ Hi 32 COURT OF WILI.S AND PROHATE. LUNENBURG. Ill (III' iiliiftrr )ij till' iHiinf iij tlir iillriji'il liisl Will dml Trslil liiiiil . i ii siilim il fiii'iii , of Iti'il lii'ifll Mil riliiil,', Idtr iij Lli iiiilliii I'lf, III tlir ('iiiiiiljl lit Lii III iiliii I'll, Jill I'l'istii', ili'i'i'iisiil ^ iliilnl I'lth .\(irriiil>ii\' A. ]). IS}.;', ' ' ' 14:}() TIu' cxainiiiation of < 'liaiics liraiiiisli, of Halifax, in tlic Ciiimty of Halifax, (Iciitlfiiiaii, takfii licforc me, (Iror^'e T. Solmnoii, Judiff of the Court "f Wills aiiar, alioiit that time, and was a {iromisiui;' vouiilt man. He was married. He had means of his i.wii. I think I lived a year and seven or nine months with him. He always lesi.led in Halifax, 1440 to my knowledu'e, until he came to Luiieiiliui^-. He came to Luiienliurif in .Inly or .\ui,Mist, "72. He w.as a memher in le;;islature, re|iresentinM Halifax, after 1 lived with him. He was always con- sidered a lawyer in jfood standiiiif. He \\as (,>ueen's ( 'oiinsel in latter years, iief.ire he cami' to i.unenliuri;' ; also the historian of Nova Scotia : he ]pulilished three Ndliiiiies nf ihe History of Nova Scdtia liefore he came to Luiieniiuii;-. I was not ac(|uainted with him all my life. 1 was exce|it three or fiiiir years. I was out of the city of Halifax. With that exce|)tii>ii. 1 was nmst decidedly iiitimate with him all iiu life. i'lvciN' dav of mv life alpiost I was in his house. He iievi'i' resided ill ved ahoiit a mile apart in tic city. My intimacy with him continued to the time In w nil me ; wc li left foi' Llinelllilirif. (Jiii'.-ilitiii. Did \ou assist him in mal A iis>rr,\ hui'' to ii->ide in. ;iiii;- I us arraii;,fi'ments 4:)() 1 met him in the cdiintiy for the jiiir|M)se of a.ssistiiii,' him to i;"t a I'lace in Luiicii 0"->7/i)//. In liiisine-s matters, what sort of a man was h ,1, H e was al\\a\s ciin^nlered a \erv cuireet liiau. Si'VV clear-headril and intellectual. In aiiility with regard to statistics and ti^iire:. was \erv l;oi"I. Ijiii stimi. State fully his meiit;d and husines^ ciqiaeity will n he left Halifax //SIC,',', Mentally and |i|iysicall> was ciin>i(|ere(l a \ei\' eli'\i r man, tiom ui\' own Know- leil^e ol llllll. .\t the time I met him in LuiielllilllV. lie decided tn si'lle tl ack at that tiiiu Mr, Kaiill IK it await Mr. Kaiill'aek had e re. That was not when 1 wa^ iii'Liiiiei.i.uru' 'iirclia--ei| a nlace fron it was that sea.- ai. I am i4(;() w hetlar he had aiiv |>re\ inus ac"|uai lit. •nice w iih Mr. Kaull'ack. 1 am Hot aware whether fdrhimasa lawyer. It was not the s;inie place .Mr re\ ioiis|\ Iv d. ille ailV litl^nie aiilhacK now resides m. lie lUlci' wa s.'^^I.CiOd I think he did not claim it until his death, luit i it, and |iurchased the )irn|ierl\ in which .Mr. Kaulhai-k imw resides, in the autumn of '74. (Jill st'iini. I>ii Villi kiKiw wilh what iiliject he sold the other |irii|)ertv .1 IISII'i i\ Tl lere was siiliie i\ li-.|iiile lietwi'eii Mr. Kaiiliiack ami him; I don't know what. .Mr. Murdock told nie lu' hoiii^dit the |ir lliert v from .Mr. Kaulhack for S7."(». That is the house in which the Si'iia'or now resides, and in which Mr. Murdiick resided when Mr, Kaiilhack and his family wfiit to li\c with llllll. .\t t!;.- time I le came to Ir-^lde 111 Lllllelll illlir Ihiiik he liad alioi It SliOO a vear. He hail -.rot 1470 u-^ funds to.r-rtlier at that time. At the time .leceased caiiK' from Luiienlnii;!,'. he L;ot ahoiit S7''0 from Mr. Aiken of |ii>. aunt's I'state. That hi is iievi r lieen returned. Mr. Ileamish .Murdock was tin dmiiiistialor of that estate at the time. 'I'hat was a port ion of the jnincipal that produced tli SiKIO income. He m,M |ii-~ |iropeit\ for Sjj ,.'. I.iineiilMML;-, I visiteil him very orten. I can ;,'ive the dates of the hist year; al»)iit tlie 1st . All that time he was livinj,' in tlic i-ottagt' in which he died. ' I4.S0 In .Iniie. Mrs. Peek was livin;;- with iiim. i did not .see her there in Septemlier <»• Octol.i'r. I think she had heen living- tliere from Kail 7 1. I understood that .Mis. I*e(d<'s daughter was there \sl June. 1 did not see her, hut under- stood so. Mr. Muriloek visited Halifax in April, Is?'), and resided in my house all the time he was there, tliree oi' foui' days, can't .say exactly when he came u]). Sometimes he would sto|) thirc days, sometimes two, and sometimes one. He miule a will on tliat occasion (in April) that proiluccd marked ^(l.'l'. S.i is the paper. Me made the will in my house dated (itli April, IN?'). He wrote the wlioie with Ids own hand. !t was not executed in my proeiice. It was not done in myhou.se. lie nave it to me afterwards in my own house. Tliat (I. T. S. V. is the paper, I think. One I4!)0 end of the envelope \\;is open. Tlif dii'ection is in his own hand writiiiy. It was in that state wlu'ii he ^'ave it to me. TlioM- words, • 'J'he last will of lieandsh Miu'dock, Ajiril .S, 1^7')," wertf in hi.s own hand writin^r- '''<• alio\i> jpapi is were put in and ohjected to hy Mi-. Owen.) I think he left my house liext morning;. I did \\<^ >ee him hetween that time and .liiue, when I saw him either in his garden or house, not --iire widcli. I was in Luneidmrif liut a short time then. Jle was hxtkine; very ndserahle. Had heen \ery sick and feehle. Mr--. IN cl-: was uursiiii;- and attending' to Inm at that time; I particularly saw her ahoiit him. IJiiisliiiii. hid you make any airauneiiients witii tilt inuse in .lune ahout conuiiunic'atinj.j with you in case of Mr. Muniock s iliues^. Mr. Oweii ohjects oil yiouiul that any arran^enK ut or ctioii is ;i li'adiiiL.'' one and sii^^cstivf of the answei'. .luilef upholds olijection llo» lieim,' re|e\;ili( to till' issue. Neither .Mr. Kaulliack nor hi-- family were living;- in the house at that time. (JiiiffiiiK. - Did \ou ohserve ;iii\ (hiiii'^e in tile miud of the ileceaseil at the time. Since April. Mr. Owen olijects, A ii.'o'ir. -Yes. In the lirst place, he \\a.- very feeMe and coulil iiiii'dly walk. He told nil' his hearini,' was eettin;^' had, his eye-si;;ht was ^vttin^' iiad, and he was feel.le lioth in mind and liody. I ohservi'il this myself without hi-- telling- me. I had no hiisinesswith him at that time. I think I called to tell him something- ali.iut a hill of exehaiiLie. I was in l-uiieiiliiii;,^ ahout four or l.-)10 five or si.\ hours on that occasiim. I came in steamer imd wiiit to Hrid^^cwater. I did not .see Mi's. Kaulliack on tliat occasion, except that I understoiMl her dniiuhtei' was there. I knew of no I'le imt Mrs. Peck luin:; there. She h;id sole chai:je of him, and in my opinion he was well taken tare of. 1 don't recollect any conversation with Mr. Murdnck when Mrs. Peck was present, i>iit I had a conversation with Mr. Miirdock in the i,'arileii. Mis. Peek was in the garden some distance from us, hut couldn't hear the convers.atioii. In Septeiiilier follow illy' I aiiivecl ;it Liiiieii I Mil ^' ill the iiiorniu^' anil went to see Mr. Murdock. I came to Luneniiuri; alone. I then found him in the >ame cottage. .Mr. Kaulhack and his family liviiijr tlii'ie. I saw .Mr. and .Mrs. Kaulhack, one or two children an yoii iwolhrt wlu'tluT tlii'iv was jinv nilirr (•oiivcrNatioii ii'., that tinio with I .':J0 Mr. Kiiiilliaolv on that siiltjcct A)isnr,: — Idiin't; 1 (lichi't leave town until the next iiKniiin:;' after that. J think I niMie down in Septenilier to see .Mr, MunloeU ahont .some jiapers, and ahont a I'elease of niortLCa;!,^'. 1 think 1 ohtained all that was neces.sary. I etween .Mr. lieiimish and .Mr. Kanliiaek, or any stat'inents made hy Mr. Kanlh;iek, the s.ame not heiuLT ''\ idem r jiertinent to \')'>i) the issne). I dined with Mr. KauHiack in the kitchen, with Mr. Kaidliack and wife, some of [■hildren, and Mr. .Minihuk. Tl us wa- in Ml'. Mnrdoek's catt.c'e. The first \isit I mad'' him. in .lune, I stopped at the hotel. I don't ihiiik Mr. Murdoek had a room. — a hed-n modations were small. In Septendier I dniNe out with Mr. Kaull>ae" Tl le accom- (),i:st; I) urin^' that drive iliil vnu li:i\e any eoineisjitiou witli Mr. ivaull',ie!< vvith rei^aril to Mr. .Murdoek s Ntate of min Mr. Owen olijeet'- iplestion heini^ sULfli'estive of the ai l-,Wer. iisirrr. DuriuLi' that drise, I made a remark to .Mr. Kaulli .\i'tir dinner. I walked n to Mr. Kanlliack's otliee with him. I think we waited full lialf-an hoi.f tliei" for the ctirria'^'e I low to drive u nt. The carriage was to lie prociued hy Mr. Kanlhack. lie said yon iietler comedown l">li to the ollice, and I walked down with him. .\fter we L;ot in the cjirriaue. nii our drive, the coiiver s.ition was ahont .Mr. Mnrdoek. •.Mr. K;iulhack made a remark - he .-,;iid there \v;is two men from Mahfax had si^nied a paper, lie said he didn't know whether it was a w ill, or what it was. 1 said, • Well. Ml. I\;iulliaek. \ciu oimlit to prevent .Mr. Murdoek from makiiiLjfi will." I think i used tl wore his iiroiii I wilK. 1 said to .Mr. Kanlhack that Mr. Mnrdo li.'Kl maile III-, will, ail' 1 left his wife half of rtv. an -oiiie -mat leLjaeies to her cliildreii. I also-.iiil I tli'iii^ht .Mr. Murdoek Wi'.s not in a tit state to m.ike a will just now . That if he madi' :i w dl. it would he conle-iid !.y Mr. .Mnrdoek's llelKls of re|,•|tl\e^ 111 I.'lti (.hti.^l'i \h ll.ilihix. I don'i reeolleet an\ further coiiMisatioii al.oiit Mi. .\Inrduck then, atioii iluriiiL;- tliat visit with .Mr. KauH'aek aiiout aiiv claim \ou ;!ii\ ei iii\i r if h l.".7() Mr. ( >Wen ohjeel >, on u'l''""id~' '"'''"'■'' rl'^'"- illld in eoliseijUi'lU'i' of its i fiirth eiiiL;' a li-ai|in;^- i|iii ti'iii. W'itiievs liaviic,' idivadv -^tJit-d that he ilid not recollect .'iny tiirther coiueisjilioii. .1 //>■"■./■. Mr. K.'iulliael. and I talked .•ilioiit wondeoek. and the (|ualitie-- of his hm-e. and how f.'lst he IraXellecl. We li lie W < ■> I ol If eo| I \ elsat iol I ;d loU liout Mr. Murdoek. .Mr. K:iiiliiaek -taled that .Mr. Muid'iek had hoiiowid from him .'^s.'iO.OO. 1 Mr. Kliullniek, what doe-, he do with hisllloneV, 11 e rcnilec 1. 1 don't know what he doe> with it. hut I'm olili;.;e.l to keep I pie aw;iy fr the I lolise I lolii eollllllL!' to see .\!r. Murdoek. lie woiild 1> lid his iiKiiiey. or L;iv.' it away. We came in fr mi lli live. .Mis. Kanliiaek wi-hed me to -top all ni-ht. I a-ived i (Jiii'.trnni. Whv ilid you a-iee to ivmaiii all iii-hl ii.iii; i\ I'or the purpose o f liaviim' coii\er-;ition witli Mr. Murdoek. 1 ju-oposed sleeping- j.'iSO w 1 ih Mr. Murdoek. I said tli;it I li.id oft.'ii slept with him Mis. K, luliiai s.ihl no. sjic won Id make me a hed on tlu' sofa. I. hi, si, 1 )|d \ on haV e Iinv enn\ el -al I' II. or opportiniit\ ot eonxei siitiou with liim thh I ilon'l think I had on that oecision. to the hest of my kin I ihoiej-ht h ■ted \er\ sill\ ainl Imheiile on th;it oeea-imi. 35 (Jiicsliini.- -Ciin yiiu j;i\c nir ;uiy instance's, A iisirn: — Nut at tliat tinie. I don't recollect wliat icniiirk Mr. Kaulliack niaile to nie wlien I toM him Mi'. Murilock was not lit to make a will. 1 tliink Ii<' iliil not contioNcrt my slati'meiit, to the Ixst of my knowledLje. (^^/^.s//■()//.--\Vonl(l yon reniemlier if he had controverteil youi' stateimiit t I •")!)() A iisirri:-- ] think it \try likely I slionhl. I don't think he was c;i]ialile of niakin;^f a will at this time. He appeared to mi' to lie perfectly sim])ie as a cliilil. 1 conld compare liim to nofhini,' else Imt a child. His whole manner ami appearance, 'i'he hist time 1 saw him in Il;ilifa\, he a]ipeai'ed to lie very smart ami active, hut here lie appeared to he dull. lie;i\\, sillv in his heliaviour, that is his manner, and was (|nite childish. I left ahont half after tive in tlie niorninj,', liefore any one was np. I did not say ^ood-l>ye to Iiim. In Octolier. the next sisit, I came in company with .Mr. 'J'ohin. 1 think .Mr. Tohin asked me tocome down, he had some Imsiness here, and I wanted to .see .Mr. Min'dock. lie was still livini,Mii same cotta^'e with .Mr. Kaniliack's family. .Mrs. Peek was not there tlien. 1 didn't see her. Mr. .Mnrdock had no luirseorcaie taken then that I know of. There were one or two, or tliree cliildreii lixinif in the house. Don't know how many sei'vants. KiOO We dined in tlie dining- room. There were a parlour, hedroDni and kitchen lieside, and a j^arret room over head. I didn't see nincli chane'e in Mr. .Murdoch at this time. In fact, I found no chiin^e ; isppeared to he livin;f vciy fast. 1 thiid< I spent the evenin^f tliere. .Mr. and .Mrs. Kauihack asked mc. 1 think .Mr. Kanlhack was at the Iionse in the excnin^- wlien I was there, ami .Mis. Kauihack. I was alone with Mi'. Mnrdock in the foii'iiooii. We had a i^lass of whiskey toi,'etlier. I ihjii't know what part of tlie house Mr. ami Mrs. Kanlluick were in when they asked me tocoiue haik. They wcreiit the house on my visit in the forenoon. I was only a few minutes alone with .Mr. .Muidock. I think that, on that occasion, I h.ad not more than a few minutes witli him iiloiie. (JiW'itiiiit. ( 'an you ^ive me any incident that happened on that occasion in the house, in the liilO family, to show his state of mind. .1 /(.^' "'(,'.- ^'es : .Mr. ,Muiilo(k wiis wantiiiL,' to visit ( 'liestei' on this ocea^ion. .Mr. Kaullaek was opjiosrd to his ^'oiiiLT to ( 'hester. "'' \v;inted to spend a l'ortniL;ht tlieri'. Mr. Kaullack had ]iroiiiised to take him to laverpool, and .Mr. Murdoek was opposed (i it: wanted to ^o to Chester. In the eveiiiiiu-, hetwcen Hand M) o'clock, we were sit tiii:^- in the room. i and .Mr. Kaulha(d< s i'amilv.) iMr. Mnrdock came into the room dressed as for ii jouiney. Mr. Kaulliiick siiid. " Why. .Mr. Murilo(d\, where are voii j,foin^' ' You can't n'o to< 'hester to-ni,:,dit. ' .Mr. Muidock walkecl out of tlie room without sayiiiLj a word, Mr. Kaiillu'ick liavinj; iiseil the e\]iri-sioii, ' u'o ;inil take your tliiii-s oil'." I don't ku'iw what he did after ^oinir out of the room, lie c;ime hack and luid taken his lllin^■s ot?'. It left an impression on my mind tlint his mind was not sane, lie was ^'oIpm- (,, i 'hrster l(i2(> in the coach. I uiiderst 1 from Mr. .Murdoch. Tlie coiieii went iit (I o'( lock in thv' uionniiLr. .Mr. .Mnrdock expressed ;i wish in the ;d'teiuooii to uo ill the nioiniiiu hy the coach, i toll liim Mr. Toiiin find I were L;i>inu' down in the moiniiiL;'. and we'cl take him down, he sjihl no. lied j;o in tlie coach. I think he was dressed in a sho.itiim' com! wlu'ii he cjiiiie into the room in the eveniiiL;- re;idy to M-o. I oiiscrvi'd his >o(l>s Were e! i;i ll.,r. !. lie Mil-! liav.' had shoes oll.a'ld his clothes Were ciian;j:eil. 1 ol.served, at thi' tiiiif. .\i!d when he li;id ji'l'l the room to eomr hack I think his ejoihes were chann'i'd ; I don't kno'w wlnlhir his hoot- wciv eh.aiiuvd. lie did not remonstrate or say aiiy- Ihiii'^^- or ohject when ?»Ir. Kauliiaids told him to ^o aii'l take his thiiiL;- oil" ljii.-ii. heserilie in what manner the liansji< lion took ]ilace. Aiisirr,: I ihiiik in .a hullyiii-' style on the part of Mr. Kaulh.aek. Iii-"!l) (Jnrsliini. Ilow w;is it on the part of Mr. .Mnrdock ' Aii-"i'ii: -.Mr. .Murdoek weiit out of the ri>om. Qiii>:i:iiiK What was Mr. Miirdock's iiiaiiiier .and demeanor. .1 //.s/'T/'. lie w.aiked oil! of the room like a simplet, 111. .M'ter he ivliiriied lie remaiii'd in the room diiriiiL;- the eveiiin-'. I don't think he took part in the conversation. I iii impressed with the idea that aTtt'i' he came h.ack he asked .Mrs. Kauihack to play. 1 i take any inten'st at all in his money matters. IJinsi:,,,!. How re^^ard his money iiritters and interest in IHM) comparison with former interviews oii hiisin. ss matters. nliiii liiid scllf .if 1 Inst l.i'ill imt ill .1 >.Miir iiitci .stilt. a;,'!-.- lirst of ll .'llil. Iii'iii .liivs Ml in it. Im' II .Ian- to Im witii W.'IV, i.',li voice. I aid micil to cojlcftidn «iF his inoiii'V in Halifax I'orii.'i years, lie took no interest at all in Iiis monev matti is on tliose hvo last \isits. lie took viiy little inteie-i i>n tlioNe two last \isit .. ()ii i'oriner times lie was very lirillianl anil active alioiit liis inomy matlris. always looki'il vi ry sliar]i after his inteiest. (•n this Octolier visit I iiKjiiir. •! the kev^aiid told me to look ill his lio\eS. (^//(.s//'m((. What did he say he had done with the old jiapers. fohjt'cted ! J/(.s'^'',,'. 'I'hat he had lioiiowed the oM ji;i],els, iiiU not the old deeds. I did not ;;et tjie deeds. (Jill si mil. l)id he a|i|ieai to lie ill a lit state to make a disposition of his jiropertv ' Aii»ii'<'r. — He did iio(. i didn't consider from the lime I saw Mr. Miirdock in tlie S|irin;.', in ■hine, that he was capable of (•oiidiicliiie' \\\>. own luisiness. In haiidiii;,' some money to Mr. • .Miirdock on that occasion, in < )( tol ( r he wasn't capnhle of counting,' it, or niakiii;;' talciilatioii of Ids interest. I asked .Mr. Kaiillack to make the calculation. He did so and it didn't a^nce witli my KifiO stateiiieiit. I asked .Mr. 'I'ohiii, who wa> in the n om at the time, to make it up: lie did so, and it u^frcL'd with my statement. I handed the moiie\ then to .Mr. Kaiill ack, 1 think, to count ; to tlie liest of my knowledge, he did so, and handed il to .Mr. .Miirdock, who opened a little desk in front of him, and shoved il in. He made no entry of il ; coiildn't see to do so \cry well. Did it like a child with a toy. hidn't seem to take any interest in it. fJ((c.s7/'o/r -Would yoii have iindeiiaken to do hiisiriev, with Mr. .Mnrdoci; without some one lieinn- present, was he in a tit condilioii :' ..I )/■."•-/■. .Most certainly not. .M_\ next visit was in HeceinlMr; I c.Mne iiloiie, 1 was then in Liineiiliiir;.;' two or three da\s; arrived Saturday and left 'I'ui-ia^. I had ;i statement of moneys I had invested for Mr. 1<>70 .Miirdock. (Jiir.-illiiii. Stale 11 ielly vv hal pa-sed 1 it wi ( 11 you, Mr. Miirdock, and .Mr. Kaiill ack, with ie^;ird to those papers in that hiisiiie--. ' .1 ;/.>•/'•' /'. I lead the statement to .Mr. .Mindo(k; he ajipeaied to he very inditrereiit ahoiit it, I then spoke to .Mr. Kaiiliiack and think 1 showed him the paper, ile.said he thoi|e|it it would he iiecessaiv to have copies made of it for Ml. Mutdoik. Duriiiu' the moiniiie' .Mr. Kaulhack's daii;;hter made a <'o|iy at his instance. He, Mi. Kauliiack, appointed, 1 think, two or tliK clock to he at his house ' .Mr. .Murdock's cottaue . The paper was then lead to Mr. .M unlock and si e;nei|, witnessed hv Mr. Kaulhack. I think. When the paper was rcul, .Mr. Kaiilhack said' in a very coarse w;iv, •• .Miirdock, I thoii-ht you had more money." Latter ivplied, 'I told ymi all I had," in a siili- KKSO diied voice, and appealed to lie ill ti nor, Fiuiii the lime I had cautioned .Mr. Kaulhack aeainst .Mr. Murdock's m akiiiL; any will, down to this jioint, he Mr. Kaull acki had m.t informed me that any will had heeii made for .Miirdock. I didu'l know at this time that deceased had made any will in Ndvcmlier. Mr, .Miirdock .if tin- ti did not, 1 think, appear capahle of imdeistandine- his a( ts. i think so from his feehleiiess of hody ;iiid mind, .Viiother instance for my tliiiikiii;^- .Mr. .Murdock's miml was not sound was. he wein up stair- for the purpose of evttiiiLj some old family deeds, an old Chancerv ati'air. Mr. Miirdoik and I went ii|i in Mr. KaiiU^ack's earret, where he had a numlier of old lioxes and papers. We Were llUlllin'4- over the |ia]iers to i.;et those old ileeds, when I mentioned to Mr. Miirdock. " Voii ou-hl to he very caiefiil what papers you sie;ii for .Mr. Kaulhack." I think I made the remark. ■ .V Imrnt child dr/ads the IJiv." Mr. .\lurilock looked up and said, '•Hamu it HilK) all or hani,Mt all . I've left you half my properly. ' I said, • .Miirdock, 1 don't want to hear aiiy- thiiii;- alioiU your will." (,>//(. s/i'..,/. Hid he seem tokiiowthatlie had made a will, or indicate to you diiriny that visit that he had made the Novemher will ' .1 iisirn: He did not. Did he appear to he in a lit state of mind to appreciate or understand or reinciiiher such a dociiiiieiit as that Novemher will ' Aii.y'if. I (lun't I'l'il iiii'liiiril t,, ;iii^\vrr ilmt <|i .^tioii, ji^ I dc.n l kimw what >U\U' of iiiiml lie was ill i I Novi'iiilici. (Jiinitlini. ^ I kiinu Villi iliiln't sec lijin ill Nusriiili.r. War, Mr. Miinlnck wluii yoii saw IiiiiilTOO witli Kaiill acU's fjuiiily in I )ic.iiilMr in a lit -.tat.- nf niiml t,, iin.liTslaii.l nr n iii.inlx r.iii. tliat linif, a (liiciiiiii'iil siicli as till' N'uM'IiiImt will ' A ii-oi'ir. No, to till' lust of my iiiii;;'iiii'ni. (Jiirslliiii. DiiMic rciiii'iiiiici' at that tiini' liav in^ maiir a will in Noviinlicr ' ..I /(.•>■('•(■;'. i iloll t know . (Jiiistliiii. What iliil he till _\oii aiioiit it!' Aiisirrr. I hail no coiivcrsafion witii liim almiit ihr will at iliat linn-. W'r wnv ii|i lookiiiL; for I la I NTS. I was lilt look ini,f for soiur oM ilccils in Mr. KaiiliiatkN "airil. I inailr a ninai k to .Mr. Miinlock alioiit .Mr, Kaiilhack. .Mr. .Miiiilock Naiil liaiiL;' it all. or ilaiiiii il all. I'vr lift voii half Ihf iiro|ifity. I think I saiil to Mr, Miinlock I iliiln't want to hrar an_\ thiiin' al'ont, tlir will. \{v- 1710 fmin;,' toil transaction that lanl |ni\ iou>|y takni iilacc lirtwrin Kauliiack anly ilrsiriiicil to y.m ilir natuir of ihat Iraiisactioii lic- twccii liini ami K'nilhack, ami hail lir rrl'c rinl to il aftrwaiils, aiiil if >o. alimil how oftrii, ^l/i.s(»V'c. - llfiiiij.liiit I coiililn't say Imw ofd'H. .Mr. ,Miinlork 'Irsnilnii to mi' that I iioii^ht a |iro|(frty from .Mr. Kaniliack, I think, in siiimnrr of In7"_', That lie hail al-o lioiii^ht a ipro|)irty fnmi Mr. Kaiiliiack's fathrr, two or thicc lots, I think ; thai ,\ir. Karliiack, aft^r lir lanl llic |iro]»r- ty> t'llil him hc'ij never ask for the inonry, hr coiilil pay it wluii he liknl, al his Irisiiir, ami also tiiat he hail lioii^ht some furniture from .Mr. I\aiill>ack. ami a |>iaiio. '{'hat .Mr, Kaiilhack |>roniiseil to ;,'ive liiiii the |iiano for forty |ioiiiiils ami eliari,feil him sixty ] ion mis in the airoiint that he waiiteil 17-0 to , settle ii|) with .Mr. K;iiilliark. ami aiithoi i/.ei| .Mr. Dowlim,' to settle ii|i the accounts. Also that he hail jfiveii .Mr. Kaiilhack two hnmlreil jioumls |Iial lie hail m-vei ;;o( cieilit for; thai- after tin- settlement Was iiiaije hetweeii .Mr. Mnnlock ainl .Mr. K.iulhack hy Kowliic; there was some ili-.[iiite arose lietweeii theiii. aiul I think he siiiil till' ])a|pers Were liiirnt or i|e-,||oyeil in some way. IJiiisHmi. Who iliil .Mr. .Miinloek say ile^lioyeil them ' ,l/(.s/'V;'. I think .Mr. .Miinlock saiil he iliil it himself in a |ias>ioii. That Mr. Kaiilhack askeil him i.Mr. .Mnnlock for a confer •ioii of j'l.lLiiii.iit ami that he eavc it to him w illi a |iroiiiise from Mr. Kaiilhack. that he woiihl not ii>e i(, hiii wmilil |iul it in liis ilcsk. The aiiioiint of iinl^nieiit was. 1 think, seven or ei^lit hiiininil |ioiini|,s. This jihImihi lit coMreil the jini|iertv lioiinht from his father as well as his own; that after he L;ot the iiiil^iiniit he entcicil it I7.S() ii|i in Halifax on his way to Ottawa. ijiir-tlinii. Dill .Mr. Mnnlock comiilain of this. ainI how ofini ' .1 iisin r. -Ves. Very often. The jmlLinient, I think, was paiJ oil' hy the s.ilr nf .Mr Mii'.lnrk's |prn|Mriy hi^ own real estate' ill llalilax. Mr. Owen ohjecls to all con\eisaiion with Mr. KaiiHiaek. I hail conversations with .Mr. Kauliiack alioiit the accoiinl. I met him on the street, ami iiaile eiii|iiiries of him aliout it. I tol.l him we inteinleii lo itivesdoale ihe thiiiu. ami askeil him iiii where the accounts Were, of the things he h.ni s, ,1,1 Mr. Miirii'ik. Mr. Kaiilhack s,ii,| he iliiln'l know where ihev were, th;it heeoahint furnish them. Inn tlioii;^hi ilny were ileslroveil. 171-0 i wisheif .Mr. .Munloek to iiiMsiioate the matter. ainI ileinainl the accounts fnnii .Mr. Kaiilhack. Mr. Miiniock ilecliiinl ili.iii- it. .'^aiil he was an old law\.r, ami would he laughed at for doiiiL,' so sillv a tian-aclioii as ;^i\ in;,; a c.ini'e-sinii of Jud-nieiit. 1 had a cniiMi-ation with Mr. Kaiilhack, I thiiik, in Se|itemiier, in Liiiieiiliuri:. He slated to me that .Mis ,Met/ler liad leiidereil Mr. .Mnnlock an acciMint. I had si nt .Mi. Munloek, previous, to tin hest of my recollection, S70. He owed Mrs, .Metzler, an account. .Mr. .Mnnlock look tifty dollars i.f that, ami went over ami settled with .Mrs. Met/ler, as he tlioii;,dil, and took a recei|pt. Mr, Kauliiack told im .Mis, Met/lei's hill was for lii|iior. Il a|i|)ears that was not the wliole of Mr>. .Mi Izlei's hill. 1 think it was ahoiit cii,ditv dollars. This couldn't have heeii for a very Imi:; |ieiioil. as he had not lieeii in l.iiiien- hiiri,' loiiy-. " I think four or live months, may have heeii six or ■ i-ht. Wlnii the hill came, it was I7.')() cieirited.~Mr. Kauliiack told me .s^.'iO. on the lioil That he. .Mr. Kaiilhack, then eni|uiivd of Mr, .Munloek for the recei|.(. Mr. Kaiilhack found the iecei|it, .Mr. .Miinlock had it.anil-ave it ti. him. :{s Mr. Kiiiill.m-k ^'I'l nir lliiii lir khiIiIu'i imii-iiir Im.w Mi. .\|ni.ln.k n.iilil liavr liiul su 1 Jlrciil lilt, Jis lie liiiic.H" liinl licrii sii|,|i|\ in;; liiiii wiili n |,iii;v (|ii;mtit\ nf \vlii>kr\, nl t t n\//..//. Was III' Ml. Kanlliack in tlir li.jiaa' tiai iiu (jiniciiliv in Iia\iiiw' access t,, Mr. .Miininck, riil'tvr tlio will was mill I.'. I ua~ witli Ml. .MnnliMk all ili.' fMi.iiM(,n. .Mr. Kanlliack \mi> at liis ntlici (hiisllim. hill \nii liinl aii\ ililli r. iicc III till facilities 111" access tn Mr. Miinlnck's iicrsoii, lictwccii tlic visit iinw ill hcciinl.rr, aiil tlic I'uriinr \isi|s \\|ii|,. ||,' \\,.|s in Mr. Kanllmck's faniilv f* Aiii"''f. I iliil liml a iliU'civni !• wIhii I |iaii| liim a turinir visit. I cuiililn't t:it Iiini aliiiic, ami nil tliis uccasinii, I was w itii liim as miicli a-. I pliiiMil alniic Al'tcr Iiis ilcatli. I laiiii' tn laimii- liiiri,', ami rmiml (lie cnriisr in the cnttaLrc. ami mitlirr .Mr. Kanll-ack nr liis wife in jaiiicnliiir;,'. I fiiiiml tliciT a ilaiiulifcr nf Mr. Kanlliack's. alMnit 1() nr 17 V'SMs nlil , aini a servant, ijiiitc a Vniiiii,' (.)iir

  • ee anv. I nmlersliiuil iiul. I ilnii t kiii.u wlietlur tlierc ua 1770 with liiiii iliiriii'' liis last m I'His. | i|iiiisf!i>ii. During- any |iriiiiil nf that lime that ymi saw him, was he in n (it state tn iimlcr- staiiil nr a|i|iieciate hiisiness matters ' .1 /(.«"''' /'. Me was imt. accnriliim' tn my il|iii;lliellt. (Jiii.ilidii. Hail he an\ tliiir; like the iiitelli'^eiice t^y nmlerstainiiiiL;' he fmnieily imssrsscd IISII'I I-, tl link imt. Mr. .Miiiilnck was alwavs a delicale man witl I a L'l 'I 'I I cniistitntinn. When I sav delicate, I ! 7.H0 iiicnii he was a man wlm cniililn't en thinii-li miuh Iiaril-lii|i. nr stand much fati;;iie. Wt I think lie iiad n strnii;,' cniisiitiitinn. (J II, si, !• mm w hat VnU KllnW n f his fnriiier haliits and cniistitntinn rcsiiective nf his mental cnllditinli. if he had heell siiiiiiliid with twii i;;illnns nf whisko' a Week, i\t> vmi lieliew h Will lid have lieeii ill any cniidilinii In nnderstand the dis|insiiinn of his |irn|ieity iisii; i\ I dn lint. I dnii't kiinw wliat ellect I'lie LTallnii wniild ha\e had. i aiii nnt awaro tli.lt he had a lar^e inimlur ni' sisitnis, j dnn't kimu aiiythiiiif almiit it. ( 'inss-eNamineil hy .Ml. ((well : (Jilislinii. Have yt<\[ staled all ynU klmw W illl res|iect ti> the sllliject 111 ,tter nf tills Clilltl'o- 17!tO \crsv havinu' a l.eariic' in cninieelinii theiewilh ' iimi-rr. I think I h.'ivi (Jiiistii)ii. — Dues an\thin;4 imw sn;,'^es| its, If tn ymi, whii'h ymi ha\c nnt nieiitiniicd .Mr. Weatlierlie nlijecH nil el'i'lind i>\' il'leleN a licy. .Il|il;,'e nllnws (|l|estinli. A llsiri r. (tiiisl mil N. What induced ynii tn ('(intest the validity nf tlie last will and testament nf Henmish Miirdnck, dated Nnxemler, I.s7.'i, and are ynii |ieisniijilly interested in setting; that will aside ' .1 II sir,' r. in si'ttiiii,' it aside (JinsH I cniitest that will liecanse i( \v;is illeL,'atly nlitaiiied. I am jiersmially interested ISOO In case vDii siic»-ecd in scttiiiLT 'he will aside, what jinrtinn nf Mr. Murdocks estate dn ynii e\|iect |»ersnliall\ fn nlitaill. .Mr. Weatlierlie nlijects that it is an ille;:al (|iiestinii and irrelevant. .Illdl,'!' decides i|l|estinll shall lie put. Alisircr. What I'd he lee-ally entitled tn. (Jiicsliiiii. - What amniint i\i< ymi expect tn e-et ^ live. Hali Mr. Mali M|i ll Mr. Kan IS?; mail tlie n >i n askc Tl.n will nil' til.- Mm ll. I licit •Ml can 80 «p'j^ Mr. Wcatlirrlic olijiTts tn tllr i|llr.stiiill. Mr. .Mnitlnck lirst movftl (o Liiiicnl.ui';,' in l.s7-'. II.- \M'iit l.;ifk to Halifax in May, 1H74, t,«i live. Me n.siili'il tlifiv oil" aiiil nn till S.'pt.'iiilMr, is?!'. Ili' risii.!it • hitwrm Mr. Kaulhnt'k and .Mr. .MurJock aiioiit the jinl^iiirnt lh;il had InTn mt ■ii'd u|i liv Mr. Kanlhack. ','((r'.x//()//. I'ndi'r your anie time state to Mr. Kanlhack lliat S"n had ad\i>ed .Mr. .Murdock movinn' to Halifax ' 1.H20 Ml'. W'ealh li hjects that the evidence is alto;;ii her in-eievant to the issue. Aiisii'ir. I dnii't r<'ciilleet till' coiiver.satioii. Such a con\i'r>ation could not have taken place. When .Mr. .Mur''ock lir-t wi'iit to Halifax, in 1.^71-. In' went directly to my house. Mr. Weatherhe olijects, liein^' iirele\ant. (^^o, ly to the one executed .Vplil (llll. |N7") ' .Mr. Weatherlie olijects, liein'4' wholly irrelevant i sm< kiiii;' my pipi- in the dinin on the .i|ipi)^ite si(lc i.f niy dining' talile. He asked nie for some papi r. I asked him wlial kind h<' wint. d. He said lar;;e si/ed ]iaper. lie said he wished {>> luake his will. That was the lii-t I heard uf it. I replied, why y he converged with me on the siiliject. 1 think he mentioned one (ireumsianee. (llijicl.d to a- irrelevant. I.S4(> (Jiiinliun. What was the -t.'ite of .Mr. .Murdoek'^ mind at ski- lime .\pril I'.lh, 1^7"))^ Aiisii'ir. His mind ajipeared to he perfectly clear. Miss ileiirietla .lane was residing' with me at th.'it time. She wa.^ imt a relative of .Mr. Murdork's. He liail pi'opoMi! to mai'i'V her in In74. (Jilr^liiill. Wile \ oU jire-elll W hell he ]llo]lo^r.| |o her ' .1 ((.s(e, ,•. He told Ule he had done -o, Mr. Weatlieili.' olijicls to aiiove answer a- iriviivaiil Maria lie.'imi-li, mv daiiehler, was a relative of Mr. .Murdoik, Mr Murdock supposed her lo ill' hi-- lir-t cou-in. I -.hould -.'i v ^kr v\ ,'is hi- lir-t cou-in. ( >l.ir( ted to as irrelevant. ^ (Jii, sliini. If vour dau-hler is lii-t cousin, what relation did _\.iu l« ■ ' ' i>>'>() Mr. Weatherlie ohject-. Iieiiiu' I lill lu-^' aiid irrelevant and a trap ipiestion. • Ind:.'!' allow - tin- iph -tioii. AiKii'ir. I lei'ii-e to an- v\.r the ipii I ioii. (^hicxIiiDi. — Were vou in aiiv wav related to Mi .Muidrnk. .md if >o in what way. Mr. Weatherlie olijects Ininy; irrelevant. Aiisircr. — Answer the last (pnstioii fully. uiviiiLj ilie icasuns as thereliv' icipiircd. ( >l»jccti'(l to as irrelevant, and an calliiiy: for reasons iustend of facts. .Iiid^e admits the question. Aihtirir. — 'riiere was a donht on iiiy mind, when a hoy. whether I wa> lct;itimalc or illej^iti- miite, till a friend of the witnc-es. a .Mr. Micklc. caiiu- to my ollice imd made a statcnuMit. Ho stated |,s(K! " that lie and a friend, or llie hrother of my mother, when my father, i l-'ridcriik Otto Heatnisli) caiiiu to the county of lamcnhiii'i,', to a place called lilandford. .My mother came with him. Mr. lli'illL 40 Mirklc hikI Mr. Liiiitiillc went over tn ( lioltT and liroiinlil ;i clciuyiniiii. iiiiil they wfif nianicd. I tlK'ii, a short tiiiK- afterwards, went td ( 'luster to see the recurd. J loiiiul that the hooks of Kccord (from IHOO up to ISd'i, I tliiiik,) eoidd imt l)e rniiiid. Mr. Miirdoek r( turned til I/iiiieiiliiun the diiy after (X^'iitii)!,' the will of (Itli April, 'T-*. I iifxt saw Mr. MuidDck in .luue, ",'>, in l.uuenliurij; (aiuc down hy steamer, and arrived ahout 12 or I oVIoek. I think it ^\■!l^ liist d:iy of .luue; I think I lift in the afternoon of same day, ahout 2 o'eliiek, for I5ridi,'e\\ater. I dined at l\in:;'s llotil, iu liUniiii'iiri;-, that day. I went up to see Mr. ^Inrdock hefnn- dinner. I tliink 1 fmiud him in the ^'ardeii. Mrs. I'eck and he were there. I re- 1870 inained with him. I >iippi)-e, hall-MU-luiur. .Mr. .Miiidoek was iroiui,' down to Mr. Kanlhaek's. 'I'he Kanlhu'ks were mil iheu li\iu^in .Murdoek's house. Mr. Murduck was luokin;,' at his plants, I think, when I i^ot there. I li.id not any huslnr-s with him im that occasion. 1 don't think 1 entered into any hiisiness discussi(in> with him on that occa-inu I'm imt aware tif any. .Mrs. I'e<'k was not in a position in the i,Mideu to hear our cnnversatinn. I think ! did'nt ncc Mr. Mnrdock after dinner. 1 walked down as fir as Mis. I\,iiilliack"> with him. He tcmk my arm and was very leehle, and he wished me to u'n there with him hut 1 declined. I was onlv iu l.iineulmr^' on that oii<^ occasion in .Inne. .Mr. Murduck had liei n im' sometime sullerin;,' from weakness of the jniiits. I don't reeullcct that he complained 'if hi- ankles heiuL; weak. He comi>laiiied of his leL;s lieiuif weak. I don't know whether he complained licture cumin:,' to I .iiueiihuii,'. I could'iit sav how lonij ai"ter. When .Mr. 1880 .Murdock was livimx "ith im in Halifax, lie complained mi:' day, when walkiiii^ with me, of his le:,'s hein;' weak, and that he couhl'iit u;et on so fist. I iiis/i'iii. — When .Mr. Kaiilliick was in Ilililax. in .\piil '7(>, at lie time of makim.; the will flieie, r<'lerredlo \\\ von. were II it lii- |r.;s and aiiUcs ili'Mi Weak, ami had lie not then a him liirou^di to Chester. He deeliiu'd. I was in Luneid)uri^ i'l Di'cemher, almut the li'ith. I received some letters fr(ua Mr. Murdock hetwecn April ami !>ieeml)er in Mrs. Knulhaek's or her daui-hter's hand writini,'. I think I received letters up to l!' -t ol' Septemher in Mi'. Munloek's huiid wrilim;. The lir.st letter I recei\ed was wrilt. n hy .Miss Kaulhaek ami the other hy a lady, I think .Mrs. K.'iulliaik. I have those letters in m\ jio^scssion, I hronght them with me. .Mr. Owen asks that fiw letters he proiluc((l. 11140 (.Mr. W'catherht' says no notice has licin !;iven. I did not M'o Mr .Murdock frtuu ahout L'Tth or :.'Sth Octolur to I.Sih Deeemher. Ik was ahout in the ."^ame state in Decemher as in ( )ctol)er. I remcmher i'ev, Mr. Norwood and Mr. (jeort;e Koss, ot New Ivoss, heini;- at Mr. .Murdock's in Octohei-. I \v,is introduced to them hy Mr. .Murdock, I think. I went over some husiness fiansact.ons on l-Jih I>ereml)er w ith Mr. .Murdock. Those were the same as hefore mentioned. .Mr. Murdock and I wiie alone lor >()nu' time in the lihrary on that ociasion, and up in the L;arr.t. tjiicstioii.- Ahout how Ion:; were vou and Mr. .Murdock ( u^ai;rd in husiness wheii alone on that oec.ision. Aiisirrr. — I came over in the mornini,' ahout leii o'dock, I'V a;.,M-eement with Mr. Kaulhaek, I l!)->0 think. I \vas tlcre with Mr. Murdock alone, I can't sav how ioni^-. I re.ul the account over to him. Memoraisiums o(' what I had done with his inoui y an( papers over to hitn he did not express ••alist'ietiiui (U' di 1 liink dep.i.sir reeei])ls win u I r(Md tli wouldn't allow it. I think 1 handed the .'«t.itcm( nt to ca|)dde. In the lir^t jjlace he w.is iijind : in the -eciMu itisl.K tion kt, 11- num 1 was in that state it Mr. .Murdock. I didn't coi'siiler he was place 1 dlirut ((Uisider him (apahlc. rher<' W.IS wh.irf propcitv iii Halifax owned liy .Mr. .Murdoik, Mr. .\iken and myself. The nature of the hu-iuc-s I ir.in-a(l<(l I'.u- .Mr. Me:,eick in Halifax "as this: .\ftir M.. .Murdock left Halifax he .!.:a\c me a power of ,\tt prinv to Irau-act his hiisine-.^. I reeei\ed his rents of the pro- perly owned hv Mr. .\lurdock for .Mr. .\ikcn and myself. The whole property wa- not reuti'd to one per-on. There were a numher of tenants. ( )n visitiuL;' Mr. Murdock in Decemher, I had no settle- llMiO ment with hitn. The whole thiu'.; i-; in uritiiii; and will npeak lor it-elf. If you'll allow me I'll exi)liuu the natuK! of the rettlement in a lew mimite-;. (Jttixti'iii. — Have y')U the written statement or settlement, or statement referred to. Ausu'fr. — \ have not, r proilucid or projier means taken to pr.xlu-e sani". j 42 V ■ , * in .?si .ln.iJ/"'>-.—Tt was sinned l.'Jih Dcccmhtr, I\i referred to Mr. .Murdm-k having nade proposals to .Mi-s James, — when wn.<" that and what was the residt ? .Mr. Wealhcrlie objects, iieing irrelevant. 1!)8() Auswr,: — I tliiiik it was in INT-J. She did not accept him. If my daughter w.is related to Mr Munlock, hIic was his second c ci-in. .Mr. Aikc-( stu'ed to inc tint he had given Mr. .Murdoi-k ^1,1(11) tor the piirpiisc of making up an income for liim. ( )bjecte(i to by .Mr. Weatheriie, not being evidence. .Iiidge decided tliat almve answer should be taken. (^hiesliitn. — \(iu stated on your direct examination that Mr. Murdock j;ot from .Mr. Aikens $7.'>0, do you knoiv that ofyour own kieiwlcdge? A)isiiw. .Mr. Munloek told me the ^anie thing. Mr. .Munloek told n»e that immediately alter the settlement of his aunt's estate in the Spring ID'.H) of 1H72. lie told lue halt :i il<>/eii times. .Mr. .Murdock alway- -ipoke nf the iuud aci-^ ni .Mr. .Vikens to do that for him. (JifM/ioii — ll.'id he referred tu .Mi-. .\ii\eu prt -entiiig him with that amount of money? .Mr. \\'eatherbe object-, there i- no evidence of prcseiiting him with an amount of money ; and a lr.i]i ipiestion. A ii-iirrr. — Most (leeidedlv it \\;i'^ in relin iic(' tn the ainonnt of nionev that was .t;ite(l ihar Mr. Munloek returned to Halifax in May, "7-t, and relumed til Lunenburg in Septeinlier : linw came he I i leave lialifax and take up his residenec in l-unenliinu at that time? 2(100 .Mr. Weatheriie obiicts. /|y/.s7rc/', — Well 1 don't know an\ reasuu, only Ii< liked liiincidiurg. Mi' always liked it and spoke of it in his lli-tory a- an "Id pl.iee licfnre he came lere at all. lie lived with me from May to ,Sptcnd)er, '74, while in Ilalilax. W lien he went to Halifax, in May, '71, he thought he wonlil niniin in Halifax permanently. l^iitslion. — Vou ^stated in \our direct examination tliat .Mrs. Kaulbai k told you .Mr. .Muidock di.scharged ^fls. l*eek in <>onse(pience .if her havini: stolen s of aije next June. He wa^ an old man. 1 think we were ncn riy one a;4c. I don't recollect his au(' exactly, lie was a fechic old man (Ji(i:iti(>ii. — .\hoiit what linn; did yon nii to nurse him? iMr. Owen o1)iecls, witness not liavin;' f^tated sho went to nnisc him. 2o;w ^\)i.iirer. — I went in the fail ; I remained with him all w inter till I was tiu'ncd out. No per- son lived with Mr. Murdoek. exc('|it myselt' ami daiiuiiler, while I li\(!d with him. I took care of Inm. II e (lid not tui'ii nie out. H e emii loved nu! to li\e with him as lonif as he live(l. I was to have mv hou>e then ; that wa- when he iir,-t euLia.u'ed inc. When I lived at the hotel ( Kini^'sj with Mr. .Miiidoi'k, he a-.ked nic to (iiine and li\f with him and take care if him, and I should have a louse as lony; as I lived, ami should never want alter his dealli. I was then cnL'a''ed at the hotel and left it on that iinder.-tamlinu. Mrs. Kanlliack Iu'iumI me out. ( Mr. ( )wen ohjeets, lieiiiii; irrele\aiit and not e\idence.) 2040 (Jiii'.flioii. — What state of mind was he ,\hcn yon were turiie(l out ' .l/(.w."c/'. — In a [loor i-tate of mind. Hi' had no recollection of anythiiiir. Fioni the time he eii'iii.iicd to yive me a hiuiie down to the lime 1 was lu;ii<(l out, he never complained ot my trcalincnt to him or of anytliiii!,'. ijuv.'oii on hi- liclcill' or otlarwise complain oi your conduct tijwards him, or your treatment of him in any \\ay ' .Mr. Owen oli'n'cts ; not ileill^ ex ideiiee. Ju with him, and liow y m had to treat liim, willi K'uard to (h'cs.-injj; him a'ld chaiiiuii him? ( Hijccti d to. witness nut liaviui,' iireviiiii-ly reCencil In elcaninii liiin. Jwirir. — Well, his pei.-nn, it, \\a- like a.- ifyoii would wa>li a hahy, elean a lialiy. (Jnrstinti. — I low ot'ten ? y\iiMirir, — Mi»t ('ie(|lieiltl\', Qiirsfiini. — Was he e.inarden? Answer. — He would work Sunday or JMondiiy, or any day that camt alon;:?. lie didn't know Sunday from Monday. I'd coax Iiini to conic in, and toll him ho fhotdd come in and shouldn't work on Sunday. He'd say he did not know it was Sunday, and tupposcd he'd liave to come in, after a little smoke of the pipe. He'd jro out again. He would hejiin to wood with his basket and little trowel. I'd go and coax him to come in and sit down and lie'd come aiter a little persuasion. I'd tell him the 2120 people were ail walking about and they would see him. We seen him j^o out in the garden before breakfast on Sunday morning weeding, M-hcn I'd just be out of bed. He was very fond of the garden. Question. — Did he ever lose his things in the garden .' Answer. — Yes; his basket he'd lose and I'd go and find it, and this trowel, and I'd look till I did find it. I remember one day that he fell down in the garden, and I didn't know what l)ecaine of him, and I went and looked, and he laid in among the potatoes on his back and couldn't get up till I helped him, and I got him up into the houso and l)rushod his clothes, and he washed himself and smoked his pipe, and took a nap. It happened twice or throe times that he fell. QuchIioh. — ])id you talk to him aboiit it on eacl' occasion i ' Aiiftwcv : — Ye.s; ho was in tlie baliit of asking me Avliat day o1 tlu', week it was often. 21.30 Question : — Do you recollect his writing and sealing a letter to be sent away to the Post OfHce? Objected as leading and irrelevant. Avxiccr. — Yes. I had cliargo of liiiu at that time. It was just slun'tly before 1 was turned away. It was sealed and directed l»y Mr. Murduck. A couple of hours after the letter was written Mr. Kaulbaek came in the house. It was lying on the tal)Ie to go to the Post OIKce. I was to pay for it. It made no difi'erence so long as it Avent there, who took it. It was addressod to Miss Crow, I think, Chester. She Avas a nuisic teacher. That's all I knoAV about her. She may have been young, or she may h'w lioen old. I heard nothing of her from Mr. Murdoek. Mr. Ka'lbaek opened the letter, l)roKe *lie v, ,1 and read it. Mr. Murdoek Avasn't home at the time. I don't know 2140 Avhat Avas in it. He, (Mr. I-..H. diaek) burnt the letter. Mr. Oavou objects to anything Mr. Kault)ack said or did, not evidence. Mr. Kaulbaek didn't say anything to me about it, nor did 1 ask him. Mr. Kaulliack saiil the letter AA'as cluldish. Mr. Murdoek never asked Avhether the lettei- bad gone to the Post Office and that Avas the last I ever beard of it. Mr. Murdoek Avas in the habit of using liquors. Senator Kaulbaek supplied him. He (Mr. Kaulbaek) brought the liquors to ^Ir. iMurdoek's house, after night, on his back, in a jug. Pretty often, and always after night, once in the daytime, he sent his man. The jug Avas nearly as high as my knee — about two gallons. I don't know whether twice, or cA'cry" week. Rye whiskey ; kept him supplied all the time. The old man had a case of champagne, Avhich Avas kept in Mr. 2150 Kaulback's possession. ^Ir. Murdoek said he had a case of champagne at Mr. Kaulback's. He sent n;c once tor a bottle. One time he told me he wished Mr. Kaulbaek would bring that champagne up ; that he, Mr. Murdoek, had bought it. I didn't know the particulars, Avhy he didn't bring it. His office (Mr. Kaulback's) was in his house at that time. When Mr. .Murdoek sent me for a bottle, I went to Mr. Kae.'.back's office. And then, on another occasion, .Mr. Murdoek sent me down for two small bottles he had given me. I had cniiqiany that evening, in the house where Mr. ^lurdock was. He Avas sitting Avith us. 1 got the bottles, arid he drank some of it. ^Ir. Owen objects to any conversation between Mrs. Peck and Mr. Murdoek, not being pertinent to the issue. I asked Mr. Kaulbaek for the bottle in his office, and he Avent out of his offica. down into the 21G0 cellar, and g )t it, I told ^Ir. Kaulbaek that Mr. Murdoek sent me down for a bottle of his cham- pagne. My daughter went lo Mr. Murdock's after I did. I Avas there some time before she came. Mr. Kaulbaek brought Avhiskey. About 5 or (5 times, and may bo more, to my recollection. It Avas always rye Avhiskey. He used to put it sometimes on the kitchen table, sometimes in his bed- room, whichever place Avas open. Sometimes Mr. .Murdoek would be sitting in his bed-room. He would put it on the floor of the bed-room, and would say, here is the whiskey, or here is the jug. The old gentleman never made any reply. >'.,'^.'- u L'* ' ',"■'- i ' ! J : ■ ,:ti ''f.', ''\Kr w-^;;"' wr Mi^ . ',1-i' ^m 46 Question. — Would he come personally and make any airanjijcinent about it? Answer. — Xo. He would tell Mr. Murdock that he would bring up so and so (that meant the whiskey). Mr. Murdock would say nothii ;j to Mr. Kaulback. To me he said he did not want Mr. 2170 Kaulback to brinjj it, he could buy his own liquor. Mr. Kaulback did'nt furnish any account with the liquor. I faw Mr. .Murdock give -Mr. Kaulback sonic money,- don't know how much — Mr. Mur- dock took it out of his trunk, ilr. Kaulback asked Mr. Murdock for the money, he made no answer but wont to his trunk and got it and gave it to Mr. Kaulback. It was notes. Mr. Kaulback and Mr. Murdock counted it together. It was all there was but one noto It looked like heavy money and a good many notes. There were no writings passed between '.Aem on occasion that I saw. I would have seen it it there had been. I saw all that passed, tliL'-c was no receipt given by Mr. Kaulback. I heard Mr. Kaulback say to Mr. Murdock if he wanted any money iie'd give him some. Mr. Murdock had gut this money from Halifax a few days before. Nothing was said about the keeping of that one note back. I'm sure Mr. Murdock said 2180 nothing when Mr. Kaulback asked him for the money but went to his trunk and got it. Question. — When Mr. Kaulback told Mr. Murdock he would let him have some money, had Mr. Murdock asked him. (Objected to by ilr. Owen.) Ansu'ei'. — No, he had nor. Mr. Murdock t^aid nothing that I heard in reply to the offer of money by Mr. Kaulback. Queslkn. — Did Mr. LIurdock take any other part in those proceedings except to assist in counting it. « Answer. — He and Mr. Kuulbuck counted the money between them. He ju.st did as Mr. Kaulback told him. Question. — At the time ^Ir. Kaulback came into Mr. Murdock's house, broke open the seal 2190 and read the letter, did he wait till Mr. Murdock came in? The above objected to by .Mr. Owen as not pertinent to issue. Answer. — No, he did'nt wait. He went out the hall door, I could not tell where. Question. — Did he state that he had any other errand on that occasior) ? Answer. — No, he did not. He did not return again that day. I did not tell Mr. Kaulback that Mr. Murdock said he had better send up his champagne. I never saw any more of Mr. Mur- dock's champagne than what he sent me for. Xover saw any other eome into the house. Mr. Kaul- back brought none when he came with the \vhiskcy, that I saw. Question. — Previous to your being turned out of Mr. Murdock's house was Senator Kaulback in the habit of coming to the house? 2200 Answer. — He was frequenth'. Sometimes he would come in and give the old man a shake of the shonlder, rouse him up if he was asleep. He was not in a very good condition then, sleepy lying at rest, and when l.e would shake him that way he'd say : oh, don't Kaulback. (i>uestio)i. — How would Mr. Kaulback reply? All objected to by Mr. Owen. Anstver. — He'd say hurry up and get dre.-sed and come out. He was sometimes in the habit of taking him out of the house to his own house ; sometimes he did not care about going, would rather stay at home. IJesidos the money .Mr. Kaulback got from the old man, he (Mr. Murdock) sent money by me, two or three times, to Mrs. Kaulback in a note. I couldn't say whether Mr. Kaulback knew anything about that. Mr. Murdock told me he was going to send Mrs. Kaulback some money 2210 on those occasions ; that Mr. Kaulback would not give her a cent of money to spend, and he pitied her. I delivered the money to Mrs. Kaulback ; ,' ,. '/♦'■ .'.'■•*^ 1.' 1, -m' .' . :>' .^ ■,. M ■-.'■S.' ^'n''- >;t,w--i i 4-v. 'Jt4 J :^-m *7 Mr. niul ^^rs. Kaulback and Mr. Mnidock whisperins^ toj^ctlicr. Tlu-y whispered t.) Mr. Murdock 2220 how they would inanage to put iiic out. (Mr. Owen objects to .-uiything tliat Mrs. Kaulback said or did, not Ix.Mng evidence or perti- nent to the iasue.) (Jnestion. — Did you have a conversation with Mr. Mnrdock about the Kaulback's being in the house .' Aihiirer. — After and before the wliisjUMing I told Mr. Murdock he wonkl be very uncomfortable in his book-roam, to i Question. — Describe all you s:iw fully. (Objected to as before. ) Ansieer. — I saw Mrs. Kaulback and Mr. Murdock kissing. This was after the}' were living at the house, when I saw them kissing. She had been with him before in the bedroom before they eame to live there. (Under the understanding of the Judge of Probate, tli« prci'eding (|ucstion is allowed to be put not for the purpose of showing undue influence on the pait of either Mr. or Mrs. Kaulback.) 226( (Mr. Weathorbe claims to use hereafter the evidence, so far as it can be shown to be legal jv'dence, under the issue.) Question. — How often ? Objected to as above. Ansicer. — Several times. Question. — First state what happened on those occasions ; wFio took in the tumblers, and so on? (Objected, nothing having been said about tumblers being taken, in, and for same renson, as before.) Answer. — I took in the tumblers and decanter for Mr. Murdock, and at his request I came227( out and Mrs. Kaulback pushed the door to. They remained there a considerable time talking ; 1 don't know what passed. This occurred several times before they came to live, and I saw them often ia the book-room ; Mr. Murdock used to call it his book-room. •;''i4 ,.;■;■■ V 1 1 • .* ■ '^ ■ . ■ .'■ ' V'..-'' •# ■ 'ft . "* ■t'-f. • f 'li '•■'"• ; > '■,, » V / '; '/<. 1 ■ ' ■ *y\ 1,, ■i> • r'f' 'J '"»'< Mk> -f » V'- .:■■..■ ,-/ : '.' i" ■; . ■■ • i ■ ', it ■ •■.**'' ,?■■■.•*•>-■ '•«ir-. ^. ■;-♦',•■ .'^'' C '<■ ■ ^ ' % v't ;■/.*'' "'M 1' 1 ■ t 'V, I; ■■ .■.■>■ ■.-■ ' . ' iJ ■.»■«' ■ IT ~^ 48 Question. — How would the old man speak of Mrs. Kaulback. Answer. — In a very childii^li way, f'ooligli. Question. — Was this before or after you had to clean hini like n baby ? (Objected to.) Answer. — TJeforo; and it was before they came to the house to live that I had to clean him like a baby. I waa there sometime before he got so childisli. It was not very long before I left that I had 2280 to clean him like a baby ; about two montiis. He did not get much better before I left. It was some two or three months before I left thiU ho used to talk foolish about Mrs. Kaulback. lie used to talk so frequently. He told uic ho would buy a yacht and run away with her. Question. — What would you say to him? Au.iwer. — I'd talk to him and say he waa getting childish, foolish, and then he would laugh to get over it again for a little "while, till he got in love again. He said he loved her better than her husband did. That it was only the money that kept him, or lie would run away with her. Several times he spoke of it. When she came to the house to live he got over that. Question. — Did he ever tell you anything about kissing her? Ansicer. — Yes; he told me he kissed her down in the house before it had burnt down, and 2290 Russie caught him, and he said, *• Ah ! mamma! " Question. — During all this time that he was talking this way in what condition of mind was he? Anstner. — He could not have been in a very good one. Question. — State whiit condition was he in. Answe)^ — He couldn't do anything himself; he was quite childish, and he didn't know exactly what he was doing ; couldn't count any money without some assistance. Question. — Did he say anything about his money? Ansnrr. — I don't think it troubled him uuicli. Question. — You hud some transaction with him about a stove and spoons. I want you to 2300 state it yourself without leading ; begin at the beginning. Objected to as irrelevant. Ansircr. — When I left, two days before I left I said, Mr. Murdock, would you give me one of those small stoves, and he said most certainly, take any one you like of the bedroom stoves. I wanted it for the room I went to. I thought I would keep house. I told him what I wanted of it. I took it away in the open day, n!)t dishonestly, on the top of my other things. I say distinctly that he gave it to inc. The spoons — I bad not been in the house 24 hours when Mr. Murdock said that when he died I should have them spoons. I took tlienj according to what was told to mc, but I didn't steal them. I was staying up at Mr. Morash's at the time. There was a note came to me to bring home the stove and the spoons. ( iNIr. Kaulb ick wrote the note — or the Kaulbacks — I burnt it. ) It was not 2310 in Mr. Murdock's writing. I showed it to my daughter. I took them away after the Kaulback's ci'mc there to live in the day tiui", after dinner. I sent the stove up by a little boy, and carried the spoons myself. I seen Mrs. K;uill)aok and Mr. Murdock. She made a dreadful ado that Mr. Muidock was very poor and very childish and had not a spoon to eat out of. I said Mr. Murdock gave me those spoons and the stove. (This was in presence of Mr. Murdock.) 8he told me that I must be crazy, but I don't know whether it was she who was crazy or me. Mr. Murdock didn't aim to make any kind of answer. I said, Mr. Mtndock, you gave mc the spoons and the stove too. He didn't answer, and didn't dare to deny it. I rather think ho was put up, so far as I could judge. I went away afterwards in the steamer, and I heard I would get a very bad name for stealing from Mr. Murdock. 2320 Objecte■'■ \ 1 -J.r •'« .t< % '■ ' ' ■■''*<' ■■4i\ ''>'% I ^»;.; n '«**(!■ 49 I loft thiit lio was gtttiny kind of Ijliiul niiil deaf iiiul vory ini.scrnMc, and I and Mr. Miirdock parted the best of friends. Question. — Wlien he told jou that he was ciitani^led, tlid he oxphiiii how? Aiisirer. — Ves ; he paid he thoiifiht it wan only for a few ilays tliey liiul coino to live. I 2 MO heard Mrs. Kaulback say to him, " You have plenty of cups and saueers ;" but Mrs. Kauiback did not know then they were mine. Question. — Did he ever tell you about makinj^ any provi.xion for you? Objected to as being irrelevant and not evidence. Answer. — He told me that he had left me fifty pomuls in a will, to provide for mu after his death. Question.— IJad you ever attended him in severe illness, previous to April, IKT.) ! Objected to ; not being evidence, and not pertinent to the is.-. Ol)JL'ctod on same grounds as lieforc. Aiimrer. — He told me if anything should ever hajtpeii to him that I should lock up tlu'))lace, put the keys in my pocket, and send inuncdiately to Mr. Bi-amish fseiid a despatch to him) and allow no one else in the house but souu^ one that Avould bi^ attending biiii after his death. Sevt^i'al 2:}.")() times he told nie this; and to send to Mr. Beamish, and that Mr. Beamish would sec that I wouldn't be tiu'iied out of the liouse, and that I'd have a room to live in, an ;,■ f'.:: ■» *■ ^^\ ;■. 4 ■ • /■; , ,•;•'',• '■'\ '■* ;■' ■■■> : «■, ' ■:■ ■■ !/■'' • ■ ' • Ja . ■ * '*( w r*^ ft K lil hi li ail in, th ril H( all aft K,'::rt)i. — Did you not Noinctiini's ask liiiii fnr nioiicy ami In- refused it f y!/M('Y'/'.— I never did. He never refused it. I was always satisfied with the amount of money lie ^'ave ni<'. He always ^ave nie wlint I wanted. (lean write and reail snnietinios ; can't read a lawyer's writing'.) Qin'stltni.- Mi: Owen ]ilaees piqier in Mrs. I'eek's liands and asks witne.ss to read it. ( )lijocteil to. Aiixnrr. — I haven't my ;,dasses and won't fetch them ; J won't read it. Qurslloii. — 1 ask you a;;ain, I'an you wiite ;' Annirt'.r. — Ye.s ; 1 told you already 1 eau write. I reniemher when Mr. Murdock w iit to 2.')!)0 Halifax in lM7.'i. QiifHtiini. — On returning' from Halifax, miis he nr was he not in the hahit of {,'oinf? to tliu Kauliiaek's i. A)inii'(r. — Yes; he went as usual, when they eauie for him. Either Mr. or Mrs. Kaulhack or one of tho littlo children generally went for him. He .sometimes went down when not .sent for. Very seldom. Qiicntloii.- — Do you know the Hev Mr. Norwood? ^1 /(.sv'v';'.--Yes ; I .'^aw him with Mr. Kaulliaek. I reuiendier Mr. Norwood havinj,' heen at Mr. Miu'iloek's a'lout the 1st « f .June, hefore Mr. Kaulhack moved up there. Mr. Murdock was then at home. I r'-iueudier Mr. Murdock's havin;,' f,fone to New Iloss latter end of June. I ^ot him 2400 ready to go. Qiicat'Hi)). — What was the state of Mr. Murdock then, lioth mentally and physically ? AnHVPV. — He was in a kind of a nnlder state. QucHtiou. — What" was the state of his mind ;' Ans^l'"l'. — He told me that he was tired out and he had hetter stayed at home when he returned. Qorstldu. — What was the state of his ndnd about the 1st of June, Avhen Mr. Norwood vi.sited him ? Ai7m('C): — Sometimi's he was pretty good and .sometimes he wasn't. QtieKflon. — Was his mind then aliout the .same as generally < .l/^K»,•n■.— Yes. ' 2410 Qii('nfio)i. — Was it or was it not aliout the same as at the time you left him ? Answci: — He was worse from then till J left. Qui'stivv. — Had not you and Murdock .some business matters between you ? Aiisii'ci: — 1 can't answer that. Mr. Weatherbe objects that there's no time name(l and that the question cannot be answered. Qik'kHo)). — ^Had you any business transactions with Mr. Murdock during the time you lived with him, if .so, what ? Avf^nrr. — I want to know what. I ilon't kno\v what. I never ha•■' » .'■*■ Vi ,11' • ♦ .Ay-' •'^1^1 mmmk 1 louf^ as I lived with liini. I sent tor l)r. tliicolis on tliat occasion liy Mr. Mtinlock's wish. Ijiitter was liii,'li in ii fever at. that time. I don't renieinl)er that Mr, .Murdoi-k told Dr. Starr that liis clothes were i^hosts on that occasion. Hut he told nie Dr. Jacoiis was attendinif him at the time he thonj,dit his clothi's were f^hosts. at the time his I'ilis were liroken. 2440 Qiirstiim. — Thi'n it was at the timi' his rihs wi're hroken, Mrs. Peek, that he thoni^ht Ids clothes were <;hosts, was it not f Ansiri .-Y( ji montii QncKtidit.— WiA you tell Mr. I5eandsh tliat .Mr. .Mnrdock had a^'reed to pay yoii three dol th. lars Mr. Weatheriie ohjects to any conversation with Mr. I'eamish. llesidcs, the malti'r is entirely •relevant to tlu' i.ssne ; it can't hi' u.sod for any ])ni'j)i>si' in the pi tition, not even for contradiction; Isi) time and ]))aeo not j,dven. Jndi ^e considers (piestion has no lieariiiLf. Qiic.ilioii. -Yon ha\e a daui,diter named Bessie, have yon not ;' Aiisirci: — Yes. l^ii<'.'4.-)l) »4(iO ponnds hy his will. A iifiri'i: — 1 didn't say ponnds nor hnmlreds. I said "two hnndred." I didn't say pounds nor hundreds, an! m- !4^g li til lo: to lii; y at*Mr. Murdock's except when sick, and then I went and asked him. Question. — -Were you sick very often ? Mr. Weatherbe objects as irrelevant. Answer. — None of your business how often I was sick. I was not frequently in the habit of drinking liquor when at Mr. Murdock's. Question. — While living at Mr. Murdock's, were you not sometimes in the habit of taking 2.'570 intoxicating lic^uor in such ([uantities as to affect your mind and cause you to stagger ? Mr. Weatherbe objects. (Judge admits question.) Answer. — Its a lie, sir. My bedroom was upstairs and Mr. Murdock's down. Mr. Murdock never troubled me, he was too nmch of a gentleman. He never came upstairs. Question. — Did he ever send any bottles upstairs ? Avsiver. — No, I don't see why he .should bring bottles upstairs. Question. — You have stated that you remained in Mr. Murdock's house .some three or four days after Mr. Kaulback's family moved there. Was your mind affected so as to prevent you doing your work, or were you drunk during that time ? 2.580 Ansiver. — You must be crazy to ask me that question. I won't .answer that questit'\ ... '•*' , .'■■■*^l .*K< .•;.■■ ; ^ ' -'V lO.i ■•^iU .'; ■■■* ■ y-..sir ..."■•„■*■; -*i*vfc ^^i^'- "*i. •i" ■<:}^ 64 Question. — Can yoii toll whether it was May or June ? Answer. — I can't tell. Question. — May it not have been in May or June ? Ansimr. — It may have been between, for all I know. l}uestion. — Did any of the Kaulbacks call next day to see him ? Ansiver. — No, they did not. I don't think he was near the stove that night. When I saw Mr. Norwood at Mr. Murdock's 2610 in June, Mr. Kaulback was there. They were talking — and drinking rye whiskey. I think it was in the morning. Question. — About how many glasses had they ? Ansiver. — I couldn't tell. I wasn't in the room. Questions. — About how long were they there ? Ansicer. — I .should think a little over half an hour. I expect this was some of the same M'hiskey the senator brought in the jug. I never saw the Rev. Mr. Norwood there on any other occasion. Couldn't say what sul)ject they conversed on. I never heard religion mentioned at that time. Mr. Murdock went to New Ross with Mr. and Mrs. Kaulback to a wedding, I think. (That was the visit I referred to in my ci'oss-oxamination.) 2G20 Question. — On your cross-examination you said that Mr. Murdock on his return from that visit was not well, was he ever so well after that visit as before ? ^Ir. Owen objects not being subject for re-examination, but if evidence, a part of Mr. Weatherbe's ojiginal case. Judge decides question shall not bo put. The conversation I had with Mr. Murdock after he returned from New Ross was in his room. He told me he was very tired. Question. — And what else ? Answer. — That he had rather stayed at home, and that he had much better stayed at home. Question. — Did you say that you notek, 1 I ta le be \i M ha do th< 0V( thi to pre Iv cot Th( i^".-:^l 55 Anmver : — Sitting in a chair. Question. Mr. Owen aaked if yon were drunk, and you stated that yon were very much disturbed and upset, what haf' happened to disturb you after the Kaulback's came there to five. 2()G0 Mr. Owen object, on ground that the words disturbed and upset were proffered by the witne.sH, and not in answer to the question were you drunk, as the alwve (question will show. Answer : — Why I was to go out, and didn't know where to go. Question. — Had they any other servant in the house to do the work but you. Objected to, not lieing evidence, or subject for re-examination. Judge decides question shall be put. Anaiver. — No, they had no other servant ; uiyself and daughter did the whole of the work. Made Mr. Kaulback's bed, and did everything that was to bo done, and cooked their meals. ,;^':' (Sgd.) CATHERINE PECK. Sworn to at Lunenburg, in the County of Lunenburg, this 8th day of August, A. D. 187G, be- 2G70 fore me. GEORGE T. SOLOMON, Jiuhje of Probate ; ''f-r I — »•* . COURT OF WILLS AND PROBATE. LUNENBURG, SS. In the matter of the proof in solemn form of tite alleged last iv'dl and testament of Beamish Murdoch, » late of Lunenburg, in the dounty of Lunenburg, Barrister, deceased, dated 15th November, A.D. 1875. The examination of Thomas Myrcr, of Lunenburg, in the County of Lunenburg, butcher, taken before me, George T. Solomon, Judge of the Court of Wills and Probate, and for granting letters of administration within the County aforesaid, the eighth day of August, A. D. 1876, who,2680 being duly sworn, deposeth and saith. I recollect when Senator Kaulback and his family lived in Murdock's house in the Fall of 1875. I went to the old man's house when Senator Kaulback was there with an order from Mrs. Metzler. I took it to Mr. Murdock in the house. Mrs. Kaulback and Mr. Murdock were there. I handed Mr. Murdock the order and Mr. Kaulback came in from the back somewhere. I said there was an order from Mrs. Metzler, it was somewhere about $60 or ;|70. Mr. Mur- ^ ^ dockj aid he did'nt know about the order. 1 asked the old man to pay it. Mr. Murdock looked at ''" the Senator and said whatever the Senator says I'll do. The Senator said ha'sn't you handed it all over to me. What have you got to pay, you are an old, childish man, and if Mrs. Metzler wants any- thing let her come to me. That's all that was said and I walked off. The old man said nothing more2690 to my hearing, and I walked off- This was in the old man's cottage on the hill where he had lived previous to Mr. Kaulback's coming into the house. This was in the house he died in. The room I was in I think they had for a dinner place. It was going in the front way on the left hand. I could not tell what month it was in, about this time a year and shortly after Mr. Kaulback moved in. The old man took the order in his hand and looked at it. Q. What did he do with it. I could not tell. 0. ■ ■ • . '< t ! • i}:. fy-. m I' r >!. # I I m IS M; ' ■ : " f I 80 CroBs-exatnined by Mr. Owen. I met Mr. Kaulhack on the street before going to Mr. Murdock that day. I told him my errand. Mr. Kaulback said something like this : •' Mr. Murdock has banded everything over to me and if Mrs. Metzler wants anything she's got to come to me. 2700 Q. Was not Mr. Kaulback a lawyer practising in Lunenburg at that time ? A. Yes. Q. Did not Mr. Kaulback give you to understand at that time that he was Mr. Murdock's attorney on this matter ? A. Was to my knowledge. Q. Did not Mrs. Metzler present that bill previously for payment. A. She gave me the order to draw the n.oney. Q. Did you not know that the amount had been disputed previously. A. I did not. Mr. Murdock was in the habit of getting meat from me. He paid me his beef bill. I gave him a receipt. (That produced is the paper.) It was written by Mr. Murdock in my presence, and that is my signature to it. (Receipt marked " G. T. S." No. 10.) Q. Are you related to Mrs. Peck ? 8710. Mr Weatherbc objects being irrelevant. Judge rules question out. Q. Are you related to Mrs. Peck who has given evidence on behalf of petitioner in this matter, and who is a legatee under a will made by Mr. Murdock, April 6th, 1875 ? Mr. Weatherbe objects as being the same question. Judge rules question out. Re-cxamiued by Mr. Weatherbe. This money for the meat I received before I presented Mrs. Metzler's bill. He paid me the meat bill at the house. Mr. Kaulback was not present but was living there at the time. 2720 [Signed] THOMAS MYRER. Sworn to at Lunenburg, in the County of Lunenburg, this 8th day of August, 1876, before me. [Signed] GEORGE T. SOLOMON, Judge of Probate. COURT OF PROBATE AND WILLS. ^' ■}>:'< LUNENBURG, SS. In tfie matter of tlte proof in solemn form of the alleged last Will and Testament of Beamish Murdock, late of Limenburg, in the County of Lunenburg, Barrister, deceased. dated 15th November, A. D., 1875. 2730 The exaininaiion of Joseph Creighton, of Lunenburg, in the County of Lunenburg, master mariner, taken before me, George T. Solomon, Judge of the Court of Wills and Probate, and for granting Letters of Administration within the County aforesaid, the 8th day of August, A. D., 1876, wno, being duly sworn, deposeth and saitli : I know the late Beamish Murdock. I recollect being in the Supreme Court last October when Mr. Murdock was sued by Mrs. Metzler for the claim mentioned by the last witness, Mr. Myrer, on ■'*i^' ::*:'-':^ #>w / A M a S^ 57 the trial of tho cauHc. I know Senator Kaulhack very Wfll. He and Mr. Johnnon acted fur Mr. Miirdock on that occasion. I recollect Senator Kaulltack giving evidences in tlie cause. Q. Do you recollect his making a statement on oath then as to the <|uantity of whisky he had previously been supplying to his client, the late Mr. Murdock, deceased ? 2740 Objected to by Mr. Owen on the grouml that the evidence was then committed to writing, and that it is incumbent on Mr. Weathcbe to produce the written evidence before asking the wit- ness with respect to an alleged disconnected statement, and also as being irrelevant, and not evidence. Judge admits tho question. A. Mr. Kaulback said that ho had been supplying Mr. Murdock with a counlo of gallons of liquor every week besides having a cask of whisky in common Iwtween them. Why, I remom- Ihu' it so well I went to tho Clork of License that day to have Mr. Kaulback brought up for sell- ing liquor without license. Cross-examined by Mr. Owen, — 27.'»0 Q. You had a law suit with Mr. Kaulback in the Supremo Court some time ago, Imd you not? Objected to as irrelevant. Judge decides qaestion shall not be put. Sworn to at Lunenburg, in the County of Lunenburg, ) this eighth day of August, 187G, before mo, j JOSEPH CREIGHTON. Geo. T. Solomon, Judge of Probate. '■•■ «■ 7' ' ' ) y.i COURT OF WILLS AND PROBATE. CO. LUNENBURO, SS. In the matter of the proof in solemn form of law of Vie alleged last Will and Testament of Beamish Murdock, late of Lunenburg, in tlie County aforesaid, Barrister-at-Laiv, deceased. 2760 The examination of Thomas Curll, of Lunenburg, in the County aforesaid, trader, taken be- fore me, George T. Solomon, Esquire, Judge of Probate of said County, this ninth day of August, A. D., 1870, who, being duly sworn, deposetli and saith : I was present in tho Supreme Court when Mr. Kaulback gave evidence in the suit between Mr. Murdock and Mrs. Metzlor. Mr. Owen objects as not being evidence or pertinent to the i.ssue. Q. Did you hear Mr. Kaulback give evidence of the (juantity of liquor supplied to Mr. Murdock. A. Yes, I heard Mr. Kaulback say on his evidence that he supplied Mr. Murdock with a couple of gallons of whisky weekly. Also, that they had a cask in common between them. Cross-examined by Mr. Owen, — 2770 I made no minute of the evidence at the time. Sworn to before me at Lunenburg, in the Co. of Lunen- ) burg, this ninth day of August, A. D., 1876, | THOMAS CURLL, George T. Solomon, Judge of Probate. i' 58 :^•.■^ ; COURT OF WILLS AND PROBATE. LUNENBURG, SS. (ev of the proof in solvmn fotin of hm^ of the hut Will and Testametit of Beamish rdocK, late of Lunenburg, in the County aforesaid, Barrister-at-Latv, deceased. In the matte Mu The examination of Francis Morash, of Lunonlmig, in the County aforesaid, taken before nie, George T. Solomon, Esijuire, Jiulge of Probate of said County, this ninth day of August, A. D.,2780 1870, who being duly sworn, deposeth and saith : I knew the late Beamish Murdock. I had occasion to go to him about some taxes. The Hrst time I went there, I saw Mi's. Peck. She took me in to him. The taxes were due from the time he lived in the fii'st house. When I Hi-st went to him I had a warrant, and asked him for the taxes, I meant, if he didn't pay, to levy on his things. Had orders to levy on his goods. This was before the Kaulback family went into the house. I had two warrants against him at several times for taxes. He told me he wouldn't pay it. I told him I'd give him nine days to pay it. Then I took another Constable with me after nine days. He had convei-sation with me the fii'st time about Mr. Kaulback. He .said he would send for Mr. Owen. I asked him to send for Mr. Kaulkanck, to sec if he was able to pay the rates or not. He said he'd send for Mr.27()0 Daniel Owen, and what ever he'd .say Avould l)e all right. He said that Mr. Kaulback sometimes made right wrong and wrong right. I couldn't tell whether he gave that as a reason for not send- ing for Mr. Kaulback. Must have been. He sent for Mr. Daniel Owen. It was the old gentleman. I think he practised Law in Lunenlnirg. This all happened on the fii'st occasion. Mr. Owen came. Mr. Murdock paid me the money, after he saw Mr. Owen. I came to the house on another occasion. This may have been a couple of months before the Kaulbacks came, early in the summer. The second time I visited the house the Kaulkacks were there. Mi-s. Peck was not tiiere. I knocked at the door and Mi's. Kaulback came. (Mr. Weatherbe tendei's the evidence of a conversation with Mrs. Kaulback, to show that the deceased Mr. Murdock, was at that time guarded.) 2800 Mr. Owen objects on the ground of it not being evidence, relevant or pertinent to the issue. Mr. Weatherbe withdraws the question for the piesent. Cross-Examined by Mr. Owen, — One warrant was for School and County and Poor rates, the other for Sectional rates. Mr. Owen was Clerk of the Peace. Q. Mr. Morash, Mr. Owen as Clerk of the Peace, kept the Rate Rolls of the County, did he not ? Mr. Weatherbe objects on the ground that this is irrelevant and not the mode of proof, and Judge decides it is not evidence. Q. Mr. Owen lived much nearer Mr. Murdock than Mr. Kaulback, did he not ? 2810 Mr. Weatherbe objects, being irrelevant. Judge rules question out. Q. State what Mr. Murdock said and what took place after Mr. Owen arrivetl. A. Mr. Murdock asked if he was liable to pay them rates, and afterwards paid the money. (And when he had done that, he sent Mi's. Peck for a bottle of brandy.) Mr. Owen objected to latter part of answer, being proffered by witness. [Signed] FRANCIS MORASH. Sworn to, at Lunenburg, in the County of Lunenburg, the 9th day of August, A. D., 187G. Before me, GEORGE T. SOUmON.Jitdge of Probate. ■''^ I*.-' " K J ■■,'■«' m 69 COURT OF WILLS AND PROBATE. 2820 LUNENBURG, SS. In the inattcr of the "proof in solemn form of the last Will and Testament of Beamish Mardock, late of Lunenburg, in Vie County aforesaid, deceased, Barrister-at-Law. The examination of George A. Ross, of Lunenburg, in the County aforesaid, Bariistor-at- Law, taken before me, George T. Solomon, Esquire, Judge of Probate of said County, on the ninth day of August, A. D., 1870, who, being duly swoi-n, deposeth and saith : I recollect being in the Supreme Court when Mr. Kaulback gave evidence in the cause be- tween Mrs. Metzler and Mr. Murdock, deceased, with regard to liquor supplied to deceased. H^ said that he had been in the habit of supplying Mr. Murdock with about a couple of gallons (of whisky I think) on an average per week. It was some kind of liquor, and he al.so said that he2830 got a cask, of which Mr. Murdock was to get the half. Cross-examined by Mr. Owen, — I am an Attorney -at-Law. Q. You have been taking part in this controversy as an Attorney on behalf of petitioners, have you not ? Mr. Weatherbe objects that this question is not relevant to the issue. A. I have been employed by Mr. Beamish for general purposes in connection with this matter. I have not been assisting in procuring evidence in his behalf. Have only been employed within the last twenty-four hours. Q. You have referred to a suit brought by Mi-s. Metzler against Mi-. Murdock, tried in28-t0 the Supreme Court, and in which Mr. Murdock gave evidence, Avas Mr. Murdock personally pre- sent during the trial of said cause ? A. Yes, he was present. Q. Were you the Attorney who brought that action for Mrs. Metzler against the late Bea- mish Murdock. A. Yes. Q. Did Mr. Murdock, on that occasion, give his evidence. A. He did. Q. When was that suit tried ? A. In October last. Q. About how long did the evidence of Mr. Murdock personally occupy on that occasion? A. That is a question I am not prepared to answer. I cross-examined him. Q. How long were you cross-examining liim ? Mr. Weatherbe objects as irrelevant to go into the proceedings of that trial. 2850 Judge rules out the question as irrelevant. Q. About how long did the evidence Of Mr. Murdock occupy on that occasion ? A. I hardly know. I don't think his direct and crass-examination ocoipied more than 2.5 or 30 min- utes. It may have been longer. He was sworn. Q. Did not Mr. Murdock, on that occasion, give hi.'- evidence in a clear, lucid, and distinct manner ? Mr. Weatherbe objects. Judge admits tlie question. A. He gave his evidence in a fairly clear way. Q. Did he not, on that occasion, in giving his evidence, display a clear mind and retentive2800 memory ? A. Not on all points. Q. State on what point or points his mind and memory was not clear, if any ? A. Why, there was a sum of thirty dollars, I think, he had paid Mrs. Metzler an«i *. IB 61 Q. Did you not go on that occasion to Mr. Murdock's house to witness another and a dif- ferent Will for the old man and did you not find that he had been drinking ? 2920 Mr. Owen objects, not being evidence or subject for re-cxamination or pertinent to the issue. Judge decides question shall not be put. 1 am sure I saw Mr. Murdock pass through Mr. Kaulback's office frequently. I saw him in Mr. K.'s office frequently. (Objected to.) Q. Did you ever see him signing papers in the office ? (Objected to.) Q. What did you see him doing there. (Objected to, not being evidence or matter for re-ex- amination) or pertinent to the issue. Judge rules question out Q. Did you see Mr. Kaulback endeavoring to get Mr. Murdock to sign a paper in his office ? (Objected to on same ground as above.) Judge rules question out. 2930 Q. You stated in your cross-examination to Mr. Owen that you called at Mr. Murdock's house in October to see him, and did'nt see him. What prevented you ? Judge rules question out. GEO. A. ROSS. Sworn to at Lunenburg, in the County of Lunenburg, the ninth day of August, A.D. 1876, before me. GEO. T. SOLOMON, Judge of Probate. > I 9! *4 '■'* COURT OF WILLS AND PROBATE. CO. OF LUNENBURG SS. 2940 In the matter of the 'proof, in solemn form of laiv, of the alleged hist Will and Testament of Beam- ish Murdoch, late of Lunenburg, in the County aforesaid, Barrister, deceased. The examination of Joseph W. Norwood, of New Ross, in the County of Lunenburg, Min- ister of the Gospel, taken before me, George T. Solomon, Esquire, Judge of Probate of said Coun- ty, this ninth day of August, A.D. 187G, who, being duly sworn, deposeth and saith : I reside at New Ross, and have resided there 4 years next November, in the capacity of priest of the Church of England. I was acquainted with the late Beamish Murdock. I got acquainted with him when en route for my present parish. That would bs four years ago in October next. I have been at Lunenburg from time to time during the time of my having charge of the Parish of New Ross. I have met Mr. Murdoch on the occasions of those visits to Lunenburg. I first 2950 met him when en route for my parish. I used to meet him at Senator Kaulback's and Kings Hotel. I first met him at the Honble. Mr. Kaulback's house. Q. Where did you frequently meet him afterwards in Lunenburg ? (Mr. Weatherbe ob- jects as leading.) A. At the residence of the Honble. Mr. Kaulback, at King's Hotel, and at Mr. Kaulback's own cottage in Lunenburg. Tha last mentioned cottage is that in which Mr. Kaulback now lives. I always had conversation with Mr. Murdock on those occasions ; argumentative. Q. How did you find him mentally ? (Mr. Weatherbe objects : 1st— Witness cannot give any evidence on the subject ; and, 2nd — Period is too remote.) Question withdrawn. Q. On what subjects did you enter into conversation with Mr. Murdock during your inter- view with him at Mr. Kaulback's house — I mean at the house of Mr. Kaulback which was de- 29G0 stroyed by fire ? (Mr. Weatherbe objects, on the ground that the proof relating to sanity or in- sanity must relate to the time of the act in question, or immediately before or after the time of the ':. ■■••!• ':.f^V":.'U' ' ♦ f't. '!', -10 I ;*. fi2 act in (|uestion ; tliat th'iH ix-riod coveix nearly tbo itt'i'iod of four ycai-s) Jmlyr ailmits tlio ([iK'Ntion. A. On luHtorical, pliiloMopliical, nu'taphysical, tlu'ological, ori^'in and relative! relation of languages, are the principal Hjet't.s we argued on. Q. Give as niucli further information as you desire with respect to tliost; conversations. (Objected to.) A. I foiind liiin intellectually very powerfvd. (Mr. Weatlierlie objects to any t)pinion except inniiediately before or after the execution of the will, as to sanity.) Q. On what terms were Mr. Murdock and Mr. Kaulback iluiing tlie time referred to, when you were in the habit of meeting him in the house of Mr. Kaulback, which wb.s burned altout a year 2070 ago? (Mr. Weatherbe objects on the ground that it calls for the opinion of the witness, ami not foi' facts. Q. State any facta that occur to you, sliewing the relative position of Mr. Kaulback and Mr, Murdock with regard to one another, during the different occasions you met Mr. Murdock at the house of Mr. Kaulback that was burned about a year ago, or elsewhere, up to the date of said conflagration ? (Objected to as being leading.) A. Acts of kindly greeting ou the part of Honblo Mr. Kaulback, during the ditteient visitations Mr. Murdock made at Mr. Kaul back's house. Acta of ho.spitality and respect on the part of Honble. Mr. Kaulback to Ids guest Mr. Mur- dock ; such as one gentleman would extend to another. K. During the time referred to, did you li(>ar Mr. Murdock make use of any expression to- 2980 ward Mr. Kaulback and his family ; if .so, what > (Objected to as irrelevant.) A. Terms of friendship to Mr. Kaulback ; of Mrs. Kaulback, in terms of respect ; of the cliildren, in terms of affection. Q. During all the time referred to (tliat is, all the time you have been actpiainted with him) did you ever know Mr. Murdock to be, or see him, under the influence of, or affected by in- toxicating liquor ? Objected to as irrelevant and remote. A. I never knew him, or saw him under the influence of liquor, or affected by liquor. Q. Were your in Lunenburg in June, 1875. A. I was. Squire George Ross, of New Ross, accompanied me. It was in the early portion of the month. I think 1 remained 3 or 4 2990 ilays in Lunenburg on that occasion. Mr. Murdock was then living in the cottage where he died, now occupied by Mr. Kaulback. I made a call upon Mr. Murdock at the cottage on the morning of one of those days, and saw him. Hon. Mr. Kaulback accompanied me. Q. How came you to go thei'e ? A. I desired to call on him because I esteemed him as a f j-iend. (Objected to as irrelevant.) Q. Did you go there at Mr. Kaulback's instigation ? (Objected.) A. I did not. I found Mr. Murdock at home in his study, apparently engaged in study. He was reading. It was not his bed room. There was nothing there but study furniture and books. I entered into convei-sa- tion with him relative to a book he had published — " A History of Nova Scotia" — and requested a copy. I further asked permission to be allowed to examine his books. He gave it. and pointed 3000 out the different sections, so that I might be enabled the more readily to examine them. By sec- tions I mean historical works in one place and law^ works in another. I examined his books and remained there a few moments only. The conver.sation was on the books, but can't remember the exact words. Mr.s. Peck came in while I was examining the books. Mr. Murdock spoke to her as in addre.ss from master to a servant. I took no notice of the conversation between Mr. Kaulback and Mr. Murdock, as I was engaged with examining the books. I then left the house, accompan- ied by Mr. Kaulback and Mr. Murdock. (All this objected to as irrelevent.) • Q. Had you, or Mr. Murdock, or Mr. Kaulback, on that occasion, any whisky or anything to tlrink ? A. We had nothing whatever to diink. Q. If Mrs. Peck, the servant referred to by you, stated in her exanunation that you and 3010 Mr. Kaulback drank whisky, or anytliing else, at Mr. Murdock's house on that occasion referred to, was it true or false? (Objected to.) Judge rules question out, as already answered. The Judge, on application of Mr. Weatherbe, has ordered that the witnesses be out of Court while the examinations are going on. Mr. Weatherbe moves that the names of the witnesses be stated by Respondent's Counsel, or that an order be made, that if any witnesses remain, they will not be examined. *'.\ n ■■,! K>t'' .i-A' I >l» CM Mr. Owon objocts to tlio motion owiii;,' to Pi'titionors witiicHscM not havini,' licon oxdmlfd, and tluit the order at tliin stagts of tliu proi't'ediiim's wonld t'onmM|iicntly opiTiitf unfairly to tlm lluspondcnts. 'MH) Tli« .Indgf j^Miints tlu! full order. Q. Was there a decanter witli wldsky, or any tninlders liroiiiflit into Mr. Miiidoek's room in wliicii you were and placed on the tal)k', or elsewhere, ity Mrs. PecU, or any one else, while you were in Mr. Miiidoek's house, at the visit referred to l>y you, in.lune, l]i to make with regard to it .' (Mr. Weatherbe objects that the question is leading, that Mr, Owen's (jucstion withdrawn above, immediately followed the evidence immediately preceding it, and w;is intended to suggest the name of Mr. Murdock to l)e added. 'hat the witness did not suggest that he had not finished the answer until he heard Mr. Owen's next question, and that it is not true that he had Jiot finished his answer. Judge admits question.) A. But in leaving for .Mr. KaMd)ack's house, Mr. Murdock accompanied us, (understanding that the (piestion put to me was "on leaving for Mr. Murdock's house."; 3050 Q In order that you may fully understand the nature of the question, 1 ask you who accom- panied you when you left Mr. Murdock's house, on the occasion referred to in June? (Mr. Wea- therbe objects, as still further leading and suggesting to the witness the very answer required from liim. Judge admits question.) A. .Mr. Kaulback and Mr. Murdock. Q. Where did you go ? A We went indirectly to Mr. Kaulbatk's house, l?y " we " I mean Mr. Kaulback, Mr. Murdoik, and myself. Q. What do yon mean by saying that you went indirectly lo .Mr. Kanlback's house ? A. We went beyond Mr. Murdock's house and round back to Mr. Kaulhack's house. We were looking at some land of Mr. Kaulhack's. Q. About what time elapsed between your leaving Mr. Murdock's house, in company with 3060 Mr. Murdock and Mr. Kaulback, and your reaching Mr. Kaulhack's. A 1 judge about 20 minutes or half an hour. I was partially in conversation with Mr. Murdock and Mr. Kaulback. 1 don't re- member exactly what. It referred to the lot of land of Mr. Katdback. It was'nt worthy of remem- bering. Q. Why do you state it was not worthy of remembering ? (Mr. Weatherbe objects, that answer is sufficiently clear, and that question is trifling. Judge rules question out ) Q. Where did you dine that day ? (Mr. Weatherbe objects, that question is trifling and irrelevant. Question withdrawn.) Q. How long did you remain at Mr. Kaulhack's house in company with Mr. Murdock on the day referred to by you ? A. A short time after dinner or lunch. 3070 ■)* ■■■<^'';:: ^f •*, k^ /■.-»■ r ^ Q. How long (lid you remain in company with Mr. Miirdock iit Mr. Kaull):uk\ houNc on the occiiiion referred to? A. I Hhould Judge hctwcen two mid tlucc hours. 1 don't rcm. Q. NVhut were the 8uhj»;ctn of conversation hctween you and Mr. Murdock on that occasirm. (Mr. Weathorbc objects, that it has been suggested to the witness tiiiit there were (Hflerent sul)ject8 of conversation. 'A. lie was speaking about the eilucation of flio children, in whicli h<; appeared to take an interest. Some Theological subject, I forget exactly what point. That's all that I remem- ber. Q. I low did he argue on that occasion ? (Mr. Weatherbe objects', as not the proper form of question. Judge admits question.) A. I remember that it Mas ii tlieological, and 1 also rememl)er .'{080 that he argued intelligently. (Objected, time being too remote.) (.1. On that, occasion at Mr. Kaulback's house, was Mr. .Mnrdmk in conversation with others, in your presence and hearing? A. The family were passing in and out of the room. He was in conversation with Mr. Kaull)ack part of the time. I can't remember distinctly of others. Q. How did Mr. Murdock converse with .Mr. Kaull)a(k and yourstdf on that occasion ? (Mr. Weatherbe objects, as (jucstion calls for an opinion as to the state of .Mr. .Murdock's mind at i> period too remote from examination of the will. Judge admits question.) A. I fuund his conversation in- telligent and his memory clear. I dined with Mr. Murdock that day. Q" Where did you dint; with him that day ! (.Mr. Weatherbe objects, that same question was previously asked, objected to, and withdrawn. Judgt; admits (question.) A. .\f Mr. Kaulback's ;J()90 house. '^. Who else dined with Mr. Murdock and you upon that occasion? (Mr. Weatheibe ob- jects, being irrelevant, remote and trifling Judge admits question.) A. Mr. Kaulback, his wife, and the younger members of his family. Q. You stated in your evidence you thought you remaincs from Lunenhurg. The state of the roads from Chester Basin to New lloss (about 1 1 miles) is very t»ad an urse of this Mr. Beamish and his friend came in. Mr. Kaulback notified Mr. Mur- dock of Mr. Beamish's visit and Mr. Kaulback then went out of the study to attend to the comforts of Mr. Beamish, In the meantime Mr. Murdock expressed himself dissatisfied with the visit of .Mr Beamish, but Mr Kaulback prevailed afterwards on him to receive him 'I'hinking that I might be intruding [ went out for a stroll. After my return therefrom Mr Murdock was in the same state of dissatisfaction respecting the visit of Mr Beamish, and wished to go to Mahone Bay. I offered him a scat in my carriage, as I purposed returning home that afternoon. Mr Kaulback tried to pravail on 3160 Mr Murdock to remain and entertain Mr Beamish. He seemed, however, determined upon going to Mahone Hay. 1 determined to remain over night rather than take him, as I saw no other way of escape Irom the invitation I had given him. I left the house towards evening, and the next morning returned home, and that was the last I saw of Mr Murdock. Q. You stated that you did not wish to take Mr Murdock to Mahone Bay the afternoon referred to, in accordance with your invitation, why was that ? (Mr Weatherbe objects that the reasons of the witness do hot constitute evidence. Judge rules (luestion out.) Q. What reason did Mr. Murdock give, if any, for wanting to go to Mahone Bay on the occa.sion of Mr. Charles Beanii.sh's visit, A. He said that he did not wish to enter into any busi- ness tran.sactions with Mr. Beamish. 3170 Q. Then, what reason did he give for wanting to accompany you to Mahone Bay, Mr. Weatherbe objects to question as leailing the witness, and that Mr; Murdoek's language has already been given. A. Mr. Kaulback was prevailing upon him to enter into business tiansaetions with Mr. Beamish, whatever they were I know not, and Mr. Murdock expre,s.sed a wish to escape all these transactions by going away. m 1^:^-. -:.^: 'yrt'V ill- '■ V..i: '>^;. 6fi Q. Did Mr. Murdock state wliy he did not wisli to see Mr. Bfamish ? Mr. Weatherbe objects that this is persisting in leading the witness, wlio lias alreaily given the language used. Q. What did Mr. Murdock say on that occasion with respect to Mr. Beamish ? A. Ho said .'$180 that he didn't want him (Mr. Beamish) to he interfeiing with his l)usiness. Q. Was Mr. Beamish prevented by Mr. Kaulbaclc from having private interviews with Mr. Murdock, at the time you referred to, when Mr. Beamish visited Luiienbuig in October last. A. I saw no preventif)n. In October, and on other occasions when I saw Mr. Muidnck his dress and appearance was neat but old fashioned. In October Mi-. Mtirdock said that while he legretted tlie loss of Mr. Kaulback's house by fire, and Mis. Kaulback's loss of old family relics by tlie same fire, yet he was glad to have the opportunity of leturning past favors in offering them a refuge under his own roof. That is the substance of what he said. From the time 1 fiist saw Mr. Murdock, up to and including the time of my last interview in October, he referred to Mr. Kaulljaek in terms of friend- 3190 ship, to Mrs. Kaulback in terms of respect, and to the children in terms of affection. (Objected to as irrelevant.) From the interviews I had with Mr. Murd(K'k on different occasions, J always deemed him a man of intelligence and learning. (Oljected to as matter of opinion.) lyross-examine at Mr. Murdock's house on that occasion. 1 was tlnre before Mr. Beamish. I am not aware whether Mr. Beann.shhad been at the house before (m that day. On this occasion Mr. Beamisli and Mr. Tobin w^re announced at the same tim<', and 1 was introduced to them at .same time. Don't remembc exactly what time of 'day this was. When I was introduced to Tobin and Beanush, Mr. Kaulliaek, Sipiire Ross and Mr. Murdock were present. I left tlie liouse only because I did not wish to intrude. The time 1 was about leaving the house for the stroll, was not al>out the time at which I was inti'odiiced to Mr. Beamish and Mr. Tobin I left for the stroll after Mr. Beamish came. I left the house for the stroll in conse- •V.iXO quence of Mr. Beamish's arrival and after the introduction and passing the usual civilities. I could'nt say how long after Mr. Beamish's arrival I left. I can't say it was quarter of an hour, or twenty minutos. I can't say whether it was half an hour. I don't think it was an hour I could'nt give any idea whether it was half an hour. I d'^n't know how long the introduction and civilities o(:ciq)i(.'(l. There was nothing else to, or which did detain me. I was called from the stroll to dinner. Mr. Kaulback's little girl came down to the wharf for me. From the annouuienient of Beamish and my leaving for the stroll, there w.is no conversation passed, e.xcept the common eourtesies and about the weather. Except coming to amiounce mvself, I w.is not present during evidence. I heard none of it. Previous to giving my evidence, I heard that Mr. Beamish and .Mr Tohin had given evidence rit the previous court. (Oiijected to as being heaisay.) But had heard nothing of their having done so lately. 32^0 When 1 returned from stroll, Mr Murdock still shewed dissatisfaction at Mr. Beamish's visit. When I returned from stroll the room I first went into was tne parlour, then to lunch, and then into the study. I don't remember which room 1 got Iimch in. When I went into the parlour, as referred to. I first saw Mr. Kaulback's little girl I don't remember whether I saw Kaulback, Beamisli or M urdock before din- ner. I can't say whether Mr. ^Murdock was at dinner that day. Squire Koss was at dinner. I can't say whether I saw Murdock, Beamish, Kaulback, or lloss, first on that occasion after dinner, I can't say that I saw Mr. Beamish before dinner after the stroll. I can't say whether I saw Murdoch, Beamish, Kaulback or Ross, before dinner after the stroll. I have no rccolle 'tion of j)iiticular per- sons on that occasion at lunch except Mr. Ross. After lunch I can't say which room I went into, direct from lunch, whether the parlo ir or study, or what room, but there was a time shortly after 3:^30 •.'."'^ •>■ V^^ **, 67 lunch, when I remember being in presence of Mr. Beamish, Mr. Murdock and Mr. Knulback. There may or may not have been others. This was the first occasion I was in their company since the in- troduction. I have no recollection of seeing these persons at lunch, or for a shoit time after lunch, until the time of meeting them in the study. The first time, I'm prepired to swear I saw Mr. Mur- dock after the stroll, is when I saw him with these persons in the studv. I may have seen him before. (The judge allows witness to explain ) I object to the words " the fii st time I'm prepared" as they conflict with the words " I may or may not." I don't remembor how long I remained in the study. It could not have been a great while Whether they went out first, or I did, I'm not pre- pared to say. I saw Mr. Murdock diink something this day, it was either whiskey or brandy with water. I'm not certain, I can't say whether the others partook or not. He was not the worse for .'U40 liquor. I will not undertake to siy how many times he drank in my |)resence duriii2.")0 in love with a young lady in Lunenburg of the age of 17. Q. Had you an average knowledge of Mr. Muidoeh's eliaracter and habits while he w.is in Lunenburg ? A. My answer would depend on Mr. Weutberlif'.s delinitioii of the word 'avcr- •ig't-'-" Q. Will you answer the (luestion ! (Objected to, on tb;- ground tliat the (juestion is a trap (jnestion, tas tlie witness has already stated in his dinet examination, the sufficient oecasioir^ on which he had met and had conversations with Mr. Murdock, and given the nature thereof, and also because witness has asked for an explanation, wliieli Mr. VVeatherbi! lias ilcelined to give him. (Judge admits the (juestion.) A. I will answi r the (juestion with my idea of tlie defiTution. oF the word average. (Objocteack pn'vailing on him to give up the (d)ject of going to Malnme Bay. Mahone Bay is on the I'oad to Cliester. The subject matter of the convei'- sation was Mr. Murdoch's ni't-sistiii": in tJoiiiL' to Mahone Ba\- and niv ur;iiin'' him not to iro, as Mr. Heamish was in town. Mr. Kanlttack also mged him to remain too. He wished him to see Mr. Beamish an-**■ 70 (X)UltT OV WILLS AND PUOHATE. CO. OF LUNENBURG SS. /)) ilir liHltfci' tif till' jil'iiof, ill Koh'lll ihIi Miiriliicli, liitr uf Liiiwnhii Tlio I'xaminRtion of \iv\\ Willij lilt', (ji'oryt' T. Soloiiion, Jiidyi' of Aii;fiist, A. J). 1H7(), will), liriny v making this offer. During the whole time of my acquaintance with Mr. Murdock, I nevti knew him to i)e under the influence of or affected by whiskey or liquor. I remember only one instance, (hat he made reference to Charles Heamish, just aftc' he had visited him. Within a day or two after Mr. Beamish's leaving, abiut the extreme end of Otto- ber or the commencement of November. He seemed very much distiirbed in mind and Indignant r.t the treatment he'd received at Mr. Beamishes hands. He said it was a very hard thing, that his friends cared more for his money than they did for him. He spoke of Mr. Kaulback and contrasted 3400 his kindness to him with the unkindness of his friends, (by which I mean relatives.) 1 think there was something said about undue influence All I can say is, I never saw any. Q. By whom I A. By St-nator Kaulback and his wife. Q. ])id yi)ened the window. This was last summer, that's all I can tell about that. I reniendier the facts becau.se the first time Mr. Mur- 3470 dock had ou\y been there a short time and .showed nu- the place, and how he'd had it fitted up. The .second time, becau.se I wi-nt out with Mi"s. Kaulback into the garden to see the things grow- ing there, and what had been jilaiiti'il. The third tinu', because I culled to him from tlie study window. I didn't go out. 1 can oidy state with reference to the first conversatiim, that he showed me the extent of his lands and so on. I never took any nu'als at Mr. Mnrdock's house befoio tin; tire, but after the fire occasionally. I think I said that I had convei-sations with Mr. Muidock on those occasions. If it hadn't been the ca.se I wouldn't have .said it. Such certainly was the case. Previously to the fire I was in the habit of talking meals with Mr. Murdock at Mr. Kaulback's house. I have seen Mr. Murdock play chess once or twice. I am no chess player myself. 1 wit- ne.s.sed a will of the late Beamish Murdock, signed by Mr. Murdock. Mr. (Jeorgo A. Ross and I 3480 IP I i^. t'xocntion of said I.S7"». 72 witnessed it, in prcsi'nci' of Mi'. Mnniock, and in prt'sonci' of encli otlici', dated 27tli Anj^jnst, !iS7'>. Q. Was Mr. Miirdoci< of sound disposing,' iiiiiid and memorv on tiie 27tli day of Aii^just, lS7.-i^ Mr. Weatlierbe olijeets on the ^Tonnd tliat we are not i)n)vinif the will in solemn form, that the evidenee of the .sanity of the Testator must lie oontined to the jHiiod in (piestion at wliich this Will was nuide. That this Will is not yet proved in common form. That this Will is pro- dueed under a notiiu- on part of l'etitionei"s to show the weakness of the deceased in the numliers of Wills made, and the influence oht^iined i>y Kaulhaek, and no evidence can he ut recent- iv iliscovered it, from his speakinj,' of it just then. This was ab<»ut ten days after the Kauliiack's had moviid into Murdock's house. Mui'iJ^ock didn't say he hail evrr meniioned the subjict to Mrs. Peck. Q. Suppose that Mr. Murdock had no recollection of anytlun;^ .scarcely, that lu- didn't care what he j,'ot to eat, that he had to be dre.sscd, undre.s.sed, and put to lied like a child, ami cleaned and washed like a child, that he hadn't control of himself, that he would ijet up in the ni^dit and roam about the house, and t\u' lunse had to come down and Ljet him into bed, that he would seem fri;;liteni .1 ami excited when the nuise came to him, that when he put any ihiiij^away he couliln't tind it, that it made no diU'ereiice what it was, tha' he <'ouIdn't find his thing's, that he fori,'ot his valuable jjold watch in tin.' privy, that he didn't know Sunday from Momlay, and the nurse was .\ V r*..- 'IIn'* 19 extent (as Mr. Kaulback admitted himself in the Supreme (Jonit) of two gallons a week, that ho confided to the nurse his strong love for Mrs. Kaulback, and his desire to run away with her in a yacht, and that he had been caught in kissing her in Mr. Kaulback 's house, and that he had kissed her in his own house, would you suppose Mr. Murdock to be of sound mind, or woidd you suppose him to be imbecile and childish in his understanding ? 3540 Mr. Owen objects to the (juestion, Ist., on the ground of the (juestion being based on a suppo.sition which has been already lepudiated by the witness, he having already proven him to be of sound and clear mind ami 'ueniory, from the tiine of his first accpiaintance with him, to about the time of his decease. 2r.d., that it is reasoning with the witness. .*hd., that it is asking witness for his opinion, contrary to law and the rules of evidence. 4th., that it is a trap (jue-stion. Mr. Weatherbe cites in reply, 2nd Greenleaf, Sec. 691. Judge rules question out. I did not hear Senator Kaulback .say anything about undue influence, I was referring to outside rumours. (Objected to as hearsay.) I mean that it was common talk. I was inside of Murdock's house (in which he died) previous to Kaulback's moving into it, about a dozen times. 3550 I had met him at the Kaulback's, once at the Gaetze's, and at New Ross. I ('on't know who introduced me. I believe he held Universalist views. He did not Imlieve in the Divinity of Christ. He said that Christ was a good man. I believe he persevered in that view to his death. He held his own in the arguments we had. I can't say he was insane on this point. I've heard many sane men enunciate the same principles. I said I couM not tell anything more as to the .subjects of conversations. I could not repeat more of the conversations in full. I could give some particulars. I couldn't give words. He told me of his friend desiring him to enter the Church in his youth and that he had conscientious sci-uples to it, that if he entered the Church he'il have to teach the Church's doctiines, that his mind revolted from teaching what he didn't con- scientiously believe. That he thought the government of the Church of Rome was more in 3500 conformity with his views. I don't remember that he gave any reason for not going into that Church I should consider Mr. Murdock an Unitarian. I did not consider him a Roman Catholic, nor nearer that than a Unveraalist or Unitarian. Certainly he was not an infidel. I considered him perfectly sane on the subject of religion and Christ, perfectly sane. As sane a man as I ever met. I did not consider his arguments sound. I can't repeat th(; substance of any other C(m- versation. I know of two other conversations, but couldn't repeat substance. He conversed very often on his views of Christ Before he went to Halifax, I conver.sed with him and was aware of his views on that point. I ha; *,:*■ . ' i tu *.-« M back mentioned to nic nothing of the particniiiis of the will. I don't think Mr. Kuulbuck was the ])cr.5jn who sent to me to witness the will. When I arrived at the hou.se Mr. Miirdock told me he wished me to witness the will. Before the will was signed, there was no conversation botwe(!n Mr. Kaulback and myself Mr. Ross was there before the signing of the will, and Mr. Miirdock told me he was coming to witness the will. Mr. Kaulback spoke to me before the execution of the will. Mr. Miirdock himself and no person else that I'm aware of was present at the time. I swore that before the will was signed there was no conversation between Mr. Kaulback and myself. I did'nt know the particulars and that was wny I said there was no conversation with leference to it. I don't remember any conversation with Mr. Kaulback previous to execution of the will, exce|)t that he may have said, how do you do, or somethiui.: of that kind, when the will was produced for signature, Mr. 3000 Kaulback said to me you bail better read the will clause liy clause, to Mr. Mur(b)ck, that he may know exactly either what he is signing, or what the will contains, I don t know whirh. (Mr. Weatherbe here asked the witness whether he had answered all the questions fully that had been asked him, and whether he had had full time to give bis answers, and he said yes, but it was my intention, when I (Stated that .Mr. Kaulback said "you had better read the will, clause by clause, to Mr. Murdock, that he may know exactly either what he is signing, or what the will contained, to have gone on and stated that Mr. Kaulback then left the room, and I did read the will clause by clause to Mr. Mur- dock, and he assented to every clause, and I now say so Mr. Kaulljack hail C()nver.-ation with nio previ(jus to exc-cution of the Will, iniuuMliately previous. Mr. Murdock was present. I can't answer whether anyoni? else was present. I reeol- 301',) lect Mr. Geoi'ge Ross coming to Mr. Mnrdock's house previous to the execution of the Will. I can't answer whether Mr. lio.ss biought the Will with biin, and whether it was in his liand writing. Mr. Ross ilid not bring the Will in ami lay it down on the table, so that I did not toucli it till J signed my name to it, but I I'ead it clause by elanse. I was tbrre jticvious to Mr. Ross. Mr. Kaullmck was not in the I'ooni after Mr. Ross came luitil after the execution. I'm cei'tain I I'eail the Will clause by clause. Q. Did yim read tlie Will aloud in the presence of Mr. (JJeorge Ross previous to execution. A. I have already .said that I cannot state whether Mr. Ross was present or not, but I'm (piite certain that 1 read the Will, clause by elanse, and would make the same assertion were it contra- dicted twenty or a hundred times. Mr. Ross executed it and then left the bouse. How long be 302.) was in the house bef(jre he entered the J'ooin, I don't know\ Aftei' Mr. Ross entered the room where Mr. Murdock and I were he remained continuously until after the e\i>cntion of the Will. I swear that Mr. Mur(h)ek .spoke wbil(! I and Mr. Ross were in the room. It is an iinpossibility to state every word he .said. I am not prepared to state on oath what be said. He certainly gave his assent verbally. 1 will not swear that he used the words. " this is my last Will ami Testa- ment." I did not see Mi'. Murj* .' 78 as near as I can remember : He (Mr. Munlock) came up to Mr. kaulback, who was sitting on the step outside, shook hands and spoke to him as his dear friend, and of Ins kindness to liim, and that his house had been always his home. I believe the very words he said were : " My dear friend. I deeply sympathize with you." He said, " Your house has been my house, and now you are wel- come to my shanty, and to stay there as long as you plea.se." I know that he was urging him, but cannot give any more words. That gives a description of what passed, as fa»' as I recollect. In 3()50 substance, I swear he made u.se of those expressions. Mr. Murdock .showed some feeling about Mr. Beamish : seemed annoyed at the visit of Mr. Beamish ; said they had come into his afiaira. I do uot know the name of the gentleman who was with him. Theie was some one with him; that is all I know. If you give me the name of the person, I might be able to recollect it. Q. Was the name Edmund J. Tobin ? A. I do not recognize the name ; I had not heard the name at that time. Q. H(jw could you say that you might recognize the name if you had not heard it at the time ? A. I undei-stood Mr. Weatherbe to ask whether he was a stmnger to me or not ; and I do not know the person. I think I saw Mr. Beamish passing once at the time of the visit referred to by Mr. Murdock. As near as I can recollect, Mr. Murdock complained that they had come to 3GG0 look into his affairs. I knew that Mr. Beamish had been here Just previous. I do not remember that he mentioned Mr. Beami.sh's name. Mr. Charles Beamish was the persim to whom Mr. Mur- dock referred. He (Mr. Murdock) did not describe Mr. BeaTiiish particularly, but described gene- rally the persons that had been there from Halifax to look into his affaiix. Mr. Murdock spoke in a very iiiitable tone of voice, and said it was a hard thing for him that his friends cared more about his money than they did about him. He spoke of the Kaulbacks particularly at the time ; that they had been very kind to him, and it was only natural that he shouM look after them. I before stated that he contrasted (I believe I u.sed the Word contrastijd) the unkindne.ss of his friends, the Beami.shes, with the kindness of his friends, the Kaulbacks ; and that it was only natural that he should look after them, or words to that effect. I gave that statement before, in 3070 effect, on my direct examination. I am under the impression that I made use of the words that "it was only natural," itc, in my direct examination. If not, I intended doing so. I will not un- dertake to say positively whether I did or not make u.se of those words. I may have seen Mr. Murdock a few r, dated 30th August, 187;'), marked '• U. T. S." is in Mr. Murdoch's hand-writing and his sig- nature, and properly described his condition, as far as be was concerned. When Mr. Ross was pre.sent he did not, to my knowledge, de.scribe his sight as in that letter. I am not going to .swear to a single word Mr. Murdock uttered at the time of the execution. (Letter read and filed.) Q. On the 27th of August, was Mr Murdock's bodily health much impniied? A. I found it as it usually was. He was not a strong hearty man of course. At the time of the making of the will, his bodily health was not more impaired than usual. He was not a strong miin. Q. Was his bodily strength much impaired on the 27th of August ? A. Not more so than usual. Q. Was his bodily strength usually impaired ? A. He was not a strong, hearty man. 3690 Q. I did'nt ask you that, I want to know if his bodily strength was usually impaired ? A. I don't know what else to say. He could read his own name on the 27th of August. I saw him write it and I presume he could read it. According to his story in the letter, his sight must have failed about that time .date of letter.) 1 suppose he thought his letter correctly described his condition. (Objected to as reasoning with witness.) I would not swear that I was in the house of Murdock's, in which he died, half a dozen times at all. (Mr. Weatherbe reads the four affidavits filed this day, herein, and moves that the further cross-examination of this witness be continued. ■:*•■■' Fr^' I :a m $. #J Judge refuses his continuance and directs Mr. Weatherbe to proceed at onco and finish his cross-examination. (Mr. Weatherbe tenders the four affidavits above nannd, and the same are read and Mr. 3700 Weatherbe now protests against the illet^al interference of Mr. Owen and the application persisted in by Mr. Owen to the Judge to obtain aji explanation from the witness, without noting the questions put and answers received from the witness, which took place in open court before the Judge, and which are sworn and supported by the four affidavits read, and in consequence of the illegal inter- ference, refuses to bo a party to any further examination of the witness, and withdraws from the ex- amination, unless the facts are noted, happening in presence of the Judge, previous to any explana- tion to be obtained, and further protests that the witness never asked the Judge to explain until the suggestions had been made to him as are sworn and set out by affidavit ; and that the answers of the witness are clear and full, and no explanation should be allowed to destroy the evidence. Mr. Owen states tliat lie dill not .suj,'), and ct)ns(M[m'ntly feeling convinced that witness misunderstood the nature of tlie ciuestion put by Mi'. Weatherbe, and was laboring under the imprcssiim that be bad reference to what took place before the fire, or to the number of his visits previously theseto and not theivafter, .said to Mr. Weatherbe, will you kindly state up to what date you have reference, and Mr. Weatherbe not complying with said recpiest renewed the application to the Judge, without intimating or suggesting to the witness in any way .S720 either directly or indirectly as to what date I had reference, after which witness explainiMl that he had refeience to his visits to Mr. Murdock's house before the fire and not after, and wished to give said explanation. And further states that previou-ily to Mr. Weatherbe noting the ol)jecti()ns made by him, withdrew my leiiuest to the Judge to allow the witness to give the explanation referred to, ])ut asked the Judge to do just what he deemed right in the premises in order that justice might be done to .said witness and all parties. C'lie Judge, at the reijuest of witness, allows him to come in and explain.) Mr. Weatherbe cites 1st Oreenleaf, sec. 407. Affidavits not received as evidence but filed and read. In making the last answer I had reference only to the time during which Mr. Murdock re- 3730 sided alone in the house. T have already stated on oath that subsequent to Mr. Kaulback's residence in that house, I visited it once or twice a week, on an average, and to that statement I adhere. Q. Did you say on oath, in answer to my question, that you had finished your explanation, or words to that eflfect ? A. I did. Mr. Weatherbe states that he declines on the grounds already stated, and contained in his affidavit, to pursue the cross-examination. That the interference under pretence of getting explana- tions, should in fairness be deferred until the cross-examination is ended. WILLIAM ELLIS. Sworn to, at Lunenburg, in the County of Lunenburg, the 10th day of August, A. 1)., 1870. Before me, 3740 GEORGE T. SOLOUO'ii, Jiulge of Probate. > It '■•.v'l ) ■ t « ■ -'J '' ■ 1 ■«!, ■ „■ '. ^ ■m^' % ♦ !^n 77 COURT OF WIIXS AND IMIOHATE, LUNENBURO, SS. In the matter of the /iron/ /« milinDi fortn of lom of the ^7'\, or l(ei,'inninj,' of I.S74. I first mtit him at tho lion.se of Senator Kauliiack. 1 .saw him fre(|uently off and on in I.S74 and l. 1 most fre(|Uently niet liim at Senator Kaulliaek's. Mr. Murdoek ai)peMred to he on terms of friend.ship with Mr. Kaidhack and his family on the ditl'ereiit occasions 1 met him. Mr. Miu- dock always spoke of Mr. Kaulhack ns his friend, the Senator, of Mrs. Kaulhaek as his particular friend, and was friendly with the children, played with them, and was always williiij,' to teach them. Sucli was the case from tht; time I first saw liim until the time I last saw him. The last time 1 saw him he had Just f,'ot out of a sick bed. That was in the last of December, JN7'). I was in Lunenbur<( in Jinie, l(S7r), (al)out tlu! first week). Rev. Mr. N(»rwood accompanietl me on that occasion. 1 met Mr. Mnrdock then at Scmitor Kaulback's house. That is the house that has .•}7(iO since been burned. I was in Lunenbury (m tliat occasion about three days. I saw Mr. Muidock each day at Senator Kaulback's. He used to come from his own to Mr. Kaulback's house. I saw him '^o out of Mr. Kaulback's house with .Mr. Norwood and Mr. Kaulhack. I think that Mr. Mur(h)ck dined with us at Mr. Kaulliaek's one of those days. I had not a ;freat deal of eon- veisation with him on those occasions. Just comnmn toj)ics of the day. His chief conversation was with Mr. Moiwood in my presence. Q. From the conveisations referred to, and yo)ir knowlud<.;e of him at that time, what was the state of his mind, or how did you tind him mentally durinj,' your visit in June. Tho Ju(l;fe reserves his o])inion upon this (piestion. Mr. Weutheibe objects that evithnce of opinicm is not admissable, that wo want <'icts. .S770 Jud k: Ml to ; the doc pul: I w wei bis root act I; iioill toid four mini Irhi evi-ni timt , sittiii (lav ;i time ill Ju vcr.snl liilici- last I latlcr •S'iiut( as I ci 01- (Idv lie ask afl.T I sion in ill Dec >ou find him in e.xpressii.g or giving ex- pression to his views.' A. lie e.\|)re8>ed his views very (lear. Q. W:urg we put up the horse at a public stable and spent t\w evening at .Mr. Murdoik's. I caiuiot siv how muiy hours, thit evening. 38()0 I was in and out the house. I saw Mr. Murdock that evening at his own house I think he was wed that evening. I will swear he was not in bed that evening. Mr. M unlock was in tiie room in Ills house all that evening while I was there, and every part of the eveuinu;, and be was iu>t in one room when I was in a different room. I went there about S o clock in the evening. ( 'aunot tell I'X- acfly, and came away, I think about 11 or 1~. 1 was in .Mr. .Miirdock's company al)out three or four liours that evening. I went up there next morning about 10 o'clock, and saw Mr. .Murchxk there, and Mr. Mindock was in my jjresence about half tlu" time I was there. 1 was at tlu" house about lour hours on that occasion, iniludiiig the time we wcie in the girden. 1 saw Mr. Murdock a few minutes at sundown that evening. In Pcceudu'r I went to the hnuse iiboiit H or !> o'clock, S o'clock 1 think, in the evening. I saw .Mr. .Murdock then ; he wms feeble. He was sitting up in bed that 3870 evening. I remained in hi^ room where lie was sitting on the side of his bed, a!)out half an hour that evening. The Doctor was rot in. 1 went up tlieie next morning about 1~ o'clock. lie was sitting on the side of his bed, dressed. 1 remained there al)out an hour and a half 1 saw him next (lav again, he was sitting in his chair, and walked acros* the romu. I was in his eomp.oiv at that time between half an hour ami an hour. That was all 1 s.iw ol .Mr. Murdock after he left New Koss in Jiuie. I have not a good nieinorv to recollect conversations. I think I have st.ited all the con- vcr.sation with him that i recollect. 'I'here may be something I did not think of I ear.uot s ly that cither en that eveiiiug or the next day in October, he des(ril)ed Senator Kaulbackas his friend The last time 1 saw him in DecemlxM' he spoke of Senator K,iull)ack as his friend. The latter was not in tli • room at the time. I cannot say exactly the words he sw'u] when lie dcsc ribed ;}880 Senator Kaulback as his friend. He asked me, " Where is my friend, Senatar Kaulb k k " .\s far as 1 can ri'collect, thes«! are the verv words. I answeieil hiui that h(> was down in town, I believed, or down in his office, or something to that effect. He made no reply. 1 was idone in his room when he asked me that. I'hat was the sj'cond day I was there in Dcciunlter. 1 think that was shortly alter I came '<» the room. He ilid not mention the nanu; of Senator Kaulback on any otiier occa sion in December. He !iad no other conversation with me about Si-nator Kaulback on that occasion in December. 1 met .Mr. Kaidback the morning Mr. Murdock asked nu- where he was, between Slieritf Kaulback's where I was sfaxing, and Senator Kaull).i< k's house. In October visit to laiiu-n- liiug most of the t'uxw I was in Mr. Muidock's presence. Senator Kaulback was present also as well as others. I was present when Mr .Murdock wanted to go to .M.iboue liay. He said he wislu'd to 3890 ^''1. Said he wanted to go. I cannot say how aosious thi' man was to go. He was ti« go with .Mr Norwood. I left them tulking together. That is all I le-ard him say iibout going, pretty iinich. .Vfter a while I went out of the luuni. lie said over and over again be wanted to go to Wl «l « 80 the Bay. He said two or tliivo times he wanted to . rpoii Mr. Beamish being announced, I was introduced, and then left for the stroll. I did not know Mr. Norwood was introduced. We were sitting in the parlor (Mr. Norwood and Mr. Kauliiack. Mrs. Kaiilhack and my.self and Mr. Murdock) when -Mr. Beamish was coming. Somdiody said, " There comes Mr. Beamish. Mr. Murdock made .some demur, that he did n()t want to see Mr. Beamish ; that ho was coming after his own intensts, and made an objection to going int > the other room. .S!)10 Mr. Beamish had lieen shown into the other room. Mr. KaulV)ack said he had intter go and see liim ; that it would lie discomtenus. The old gentleman then went out to see him. I was there all t'le time, and that was all that passed, I think, before Mr. Murdock went out to set; liim. When Mr. Beamish was coming, I think the exact wonls used Were, "There comes .Nfr. H>iimisli." Mr. Murdock's words were, " I do not want to sec; him ; he is coming for or after his own interests." I think the words were, " I aeks wcn-e living theit!. I never saw .Mr. Murdock in anybody else's house in Lunenliurg except Senator Kaulback's and his own. I come to IjiiU'-nburg about three times a year. I saw Mr. .Miinlock tliree times before Juno, 1.S74. I could not ..ly four times. I can swear that I saw Mr. Murdock more than tliree hours before June, l.'S7k 1 saw Mr. Murdock two days at a time i)revious to June, 1874. I am not prepared ti ^weir to the numi)er of lioip I saw Mr. Murdock before June, 1.S74. While at New Ross, Mr. .Murdo-k acknowledge I his signa- ture to a jiaper, wliicli he sai.'iO this (h)cument, that is, the document he said was his will. Immediately after the introduction. Mr. Vernon Smith signed til!' j)a])er as a witness. Tliis was the evening brf- \t¥€ m * «» 81 jected.) Mr. Miinlock acknowledged his signature to tlie Will in my presence, and in pn^sence of Mr. Vernon Smith, who Avere present at the same time, and said it was his Will, and Mr. Smith and I witnessed tlie same in Mr. Murdick's presence, an, which was after Mr. Munioek had on that occasion expressed dissatisfaction with Mr. Beamish, did Mr. Murdock statu why he wishe.i'on Mr. Kaulbaek's family to come right uptothelioiiseat once. He said he wanted to see Mr. Kaulliack's family, that he wanted to jirevail upon the'M to come right up to his house. The Kaulbaeks did not go then. It was just about breakfast tin' > and they were just sitting down to breakfast. (Mr. MeDonald objects to all conv(M>ation of Mr. Munloek's.) 3!»!»0 .Mr. Murdoek was at the house several times after that. He dined there on Sumlay. ]\Ir. and Mrs. Kaulliaek also dineil there. ♦■' i: l;iik* •■ * %; i t -,J! -V if.--^ :i.if, -.%S' 82 *1 He asked them ajfnin on Siiiulay iiiorniiii,' to come up to his liouse and make it their homo; wanted tliem to come the following; (Slondayj morning. 'J'liey diil not m'ei: — He always .spoke of them as being very kind to him. He .said he did not know 4010 what he would do if it was not for them. I never saw Mr. Murdock under the intluenco of liquor. I've only seen him take it twice, all the time 1 knew him, and that in very small tpiantities, — about a tablespoon at a time. He'd till the gla-.s up with water. I{e'd sip at it a whole hour ; he'd Hinoko anil talk. Such was the case the time he was at our house. I know Mrs. Pock. Mr. McDonalil objects tliat the ([Uistion as to Mrs. I'eck's habits is ih'ogular, ina.smucli as there was no ground laid for contradiction. Juilge rules it out. I had conversation with Mr. Mur lock tlie night bcfort; his death. It was the early part of the evening, about !> o'clock. FFe was tln-n in bed. and said he woidd not have gone so soon if he had known I was coming. He askeil ni" to sit on tin- foot of his Ik'iI, and have a talk with him. 4020 Ho askeil mo Avhy 1 hadn't come ofti-m-r to see him before that. He said ho hadn't fidt very well. We wore talking of things in general. — everything we could think of, to keep u]) a conversation. He connnenced about Mr. Zwieker's liusiness and Mr. iMsenliaur's business, and compared them together. He wondered how Mr. Zwicker became worth a dollar, the way he transacted business, towards Mr. Eisenhaur,— I mean in comparison with Mr. Eisenhaur. We kept o!i talking that way till half-pa.st eleven, and then I left. (All this evidence olijeeted to ns liefore.) Qaesfioit. — From your knowledge of Mr. Murdock and the conversations referred to, what was the state of his mind when yon conversed with him on the evening before he dit;d ! Mr. McDonald objects on the ground of irrelevancy. 4().S0 Judge admits (piestion suiiject to objection. AvKiiTf. — -I never thought of anything else but that he was of sound nund. His was very good, ho .seemed to tiaie things up very far back. Qiifsfiov. — What, to your knowledge, was the state of his mind from the time you firstjuade his acipiaintance to the time you last saw — f.Mr. McDonald objects t.n same giouiid as above.) Aiifiir'.i: — 1 thoii^rjit noiliing else but that he was of sound mind from the time I first met him to the time I last saw liiiii. 1 tboiight he bad a very lirm mind of his own. Cross-examined by Mr. .McDonald. I first knew Mi'. Murdock the day he first came lure, about four or five years since. I knew him best the last part of his resident' here. Tin- conversations I referre I to as having t;iken ])Iace 4040 with Mr. Murdock about the West India business and that sort of thing, was in the early part of his residence here, when he lived down l«y the shore. During the last two years I met him on the street, and at Mr. Ivaulback's house, and these were the only times during this time I had an oppor- tunity of conversing with him. That is exclusive of the time he was at our house after the fire. After Mr. and .Mrs. Kaulbaek went to live at Murdocks. Murdock was only at our house once. 1 never met Murdock .socially at any house except at Kaulbaek s. During the last two years of Mr. Murdock's life I met Murdock subseijiieiitly at Mr. Kaiilback's hou.se. I spent the evening with BBr?.' m •*; iieiiiory f •' 'I.' « «.: 83 him there about two or thr*!e tiiiu's, Imt I .saw him coiuinj,' in ami out frf([ucntly. I iicvt-r spout any evening witli Mr. Kaulltack after lie moved into Munhnk's houfe. I never .spent any eveniiij,' with Murdock after Kaulhack.s uiovcmI there, except tlie eveninj^ l>efore lie died. 1 had fimversa- WM) tion.s with Murdix-k on the street and in the .store after the Kaulliaeks moved tliere. I met lum in the store several times. He generally dropped in when he went to the Post Ollice. I c of tire and Novendier. I always thought Mr. Murdock a weakly, frail old man; he was frail about the legs, walked sd, weak in the knees. I never saw Mr. Murdock the worse of licpior. I mean that I never eoidd tell by his speech or walk that he had l)een drinking to excess. Sometimes he u.sed to walk with a stick. His walk at all times suggested weakness and hesitancy. He walked as if his .shoes were too large, they seemed to me so. I knew the hoaso he lived in very well. 1 had been in it before he bought it +()y the doctors l)eing there, that he was unwell. I could not have told it other- wise. I don't know that my opinion as t*) hi.s mental, would be worth more than my opinion as to his bodily health. Objected as matter of opinion. 4()S0 The last time I met Mr. Murdock in Mr. Kaulback's house, was six inoiitlis befoie the fire. Mrs. Kaulback and Mi.ss Smymmer were there. I staid till about ten o'clock. He neither smoked nor drank that evening. I never .saw him drink at Kaulback's house at all. I saw Mr. Murdock drinking at King's hotel, and ouroMU hous(< one Sunday afternoon we were sitting togethei'. When I .saw him drinking at King's hotel was when he first came. Mr. Kaidbaek moved up to Mr. Mur- dock's hou.se al>out eight or ten days after the lire, and duriiig that time Mr. Mindock was an habit- ual visitor at our house. He came every day. Mi's. Kaulback was six or .seven days at our hous(' bef(tre shi- made any prejiai-ation for moving. The rea.son for that was becau.se the hoii.se (Mr. iMurdoek'.s) was so small, but Mr. Murdock persuaded them to go. In my direct eiiamination, I think I mentioned every time that 1 heard 4()!K) Murdock speak to Mr. and Mrs. Kaulback about mcAing to his hoiise, they lioth objected to going, because thehousi^ was too small. Quextion. — What diil Mr. Murdock say in answer to the objection that the house was too small ? Av»v'o:—}iv said he could make it convt'nient for them. I think Mr. Kaulback was present when he .said so. He did not .say how he proposed to make it convenieTit. Mr. Murdock did not dine on any other day (than the day mentioned), with the Kaulback's while they were at our hou.se. Mr. Murdock's words were: " I want ym WM- ft t :.:a J""-"! ^•.> ■;-*•* a (1 1) ii n( ti M- al af ill Ft K) t]l; Hi He roi onl not oncj Mr. , ,*1 S4 (Mr. McDoimM oljjccts toany ro-cxamination, excepting on new matter, of wlsich lio contends there \n none.) Quentiin). — You Htated on your croM.s-exaniination that on the Kaulliacka ohjectini? to j,'oin|,' to M •. Murdock's houHc to niakf it their lioiiie, in conse(|uenee of ita lieinj,' too Mniall, that Mr. Munloek rejilieil he would make it convenient for them. Did ho further state how or in what way he would ilo so. (Judye rules (jue.stion out.) WM. O. OAETZ. Sworn to at Luneuhurg, in the Comity of Lunenhury, the HOtli day of August, 1S7(», beforo 4110 me, GEORGE T. SOLOMON, Jiu/ije of J'rolxife. COURT OF WILLS AND PROBATE. CO. LUNENBURG, SS. In till' miittrr of flic l'i'<><>f '» sdIoiiv fonn of !,inr of (he (tlli'iji'il lud will and ti'Mnwcvt of BfiUii'ifth M unlock, lute of Ln iniihii nj, in tin' Coaiiti/ < (fore mi id, Bart'ixter-at-Luw, ilj'fi'iisnl. The exaudnation of H. A. N. Kaulhaek, of Limenhurg, in the county aforesaid, Barrister, taken before me, Geori^^e T. Solomon, .]iid<,'(" of IVoliate, of said county, this sixteenth day of 4120 Augu.st, ]!S7(i, wlio, liiing duly sworn, deposeth and saith : I reside in liUnenlMui,'. I am a Senator of tlie Dominion of Canada, a mend>er of tlie Bar and Queen's Counsel. My family is rtsiding here in tlie ])Iace in winch the late Beandsh Murdock died. My family consists of my wife, Kmma Sopliy, son Charles, daugliters Eilna and Mary, son Hupert. I have been aecpiainted with the latf l^>eann.sh Munloek for 28 or 24 years; but not very intimately until he came to reside in Lunenbunf in the suuuuer of I.S72. I was very intimately ac(piainted with him from within a fortnight or three weeks of his arrival here in 1S72, up to the time of Ids decease, — never a day being alisent from my fanuly, unless through sickness, alisent, or weather unpropitious, or some other jiarticular engagement. It was always remarked if he was absent from our house, and he was empiired after. Some time in summer of liS72, — some few days 4130 after he arrived, — he j)urehased a residenee from me in the town of Luneidiurg. His residence was in Lunenburg from that time, up to the time 1 left for Ottawa (tlu; end of January or beginning of P'ebruary, 1 \hL V^' % "• S't ■*'. tliL' lOtli of Kfliiiiarv, lM7(i. I was nut lionic wlicn lie dinl. \ t n ti'liMiain at Ottawa, saving III) waH ilcail. 1 was utti'iiiliii ili'siinl to tnki' iipliiH I'l'Hiili'iu'f at my lioiist'. He tnlth July, IN?.'), (two o'clock in the mmningi ; the whole of my Imildings. Krmii the time .Mr. Murdock came to Liinenhurg in In72, up to the time I left for (Mtjiwa in INTI-, he was constantly, I may say almost ilaily, at my house,- he was often to lueakfast, yet ofteiiei- to dinner, and wns never ahscnt from t«'a, unless from some ]iarticiilar reason; and he wdiild generally give the leasmi for his ahseiice, — that he wasn't well, or had gone somewhere elst-, Kiom the time he returned from Halifax in autumn 1H7+, up to the time of my tire, in 1H74, he was more freiiiieiitly to my house to hroakfast and dinner even than he had heeii previously, in fact, he had the run of my house; he'd go from the jiarlor to the kitchen, up stairs, and into the garden fie(|iiently with Mrs. Kaullmck. 4170 He'd go out weeding and superintending, and pruning the jilants sometimes, I think two thirds of the time he was at my house (that is, of the time iieople are out of lied). He was in the hahit of speniling the evenings at my house. Whenever .Mrs. Kaiilliack or 1 drove out, he was generally one i)i the party, Qitt'ntitni. — From the time of Mr. Murdock's coming to liiineiiliiiig, up to the time of ymir last .seeing him, or of his decease, on what terms was he with yoiirseU', Mis, Kaiilliaek, and your children, and how tlid he, to your know ledge, express himself, with regard to ymi all. Avuiret: — His friendship increased ami strengthened hotli to myself and family, I lielieve from the time I Hr.st met him, up to the time of his decease. There was no Ineak of that feelini,' lietween himself and iiie, excejit some misunderstanding with regard to a judgment that I held 41.^0 recorded against him in Halifax (it was recorded in l'S7.S, I think, not positive); oneor two judgmeiits I recorded in Halifax, I think. There were two taken. That misunderstanding lasted alimit four hours; he expressed himself very strongly with regard to my recording these jiiilgmeiits in llidifiix. I exjiressed myself eijually as strong with regard to my conduct in the matter. We liotli nui-eed it was a misunderstanding, and he never allinled to it. 'H' intimated to me after that, that I had acted in any improper way towards him. He told me he was constantly reminded of it hy ('haile; Heami.sh of my dishonesty towards him, and who endea\oured to aliiieate him, and keep him away from him, and the only friends he had. With regard to .Mrs. Kauliiaek, his manner, coiicjnet. aelions and expressions towards her, reminded me of that of a father to a child. 'I'lie children were always fondling and crawling ahout him, and he expre.s,sed himself very atl'ectionately towanls my eldr>t 4I!M) ,son Charles. The two youngest were always fondling ahmit him. He manifested almost as strong an attaclniient towards them as if they had lieen his own. It couldn't have heeii stronger if they hail heenliis own. 1 can't say what he .said alimit me to others, lnit I feel contident that he had a high respect and esteem for me, and that was mutual. He appealed to he anxious always to he in my company, whenever I could give my time to him, I dmi't know if any one cmil 1 have expre-s- cd himself towards me in a more friendly and intimate way. I dmi't think I ever had a wiuiner friend than he. 1 think he'd do as much for me as my father would. After my liwelling was destroyed hy tire, 1 first saw Mr. Murdock hetween eight o'clock anil midday the same morning at Mrs. (Jaetz's. That was when I and Mrs. Kauliiaek sought shelter. I wouldn't jiretend to give anything like the words Mr. Murdock made use of mi that occasion, 4200 ¥■">/ m iif-A i- m «>. « IMI 80 H' caliiiiiity was so j,'nat. 1 liavc Imt a coiifiiscil iilia of what, it was, luit i n-iiu'iiilKT Mr. iiiif. m for tl Nfiinlotk (•oiiiiiiL'' tliiic, mill I know lie was vt rv imicli ovciroini' at socituf us in our inisfort Hi' liad just lift our Iioum- aliout an liour or two lii-forc tin- (■ouria<,'atioii. Hut I know In- iin()lort'il tis in tlic stroiiu»'st terms jiossililc, liotli in inannt'r ami cxini'ssiou. to i'oni< up ami niaki' our alMiili' with him. He n-piatcij this, continucil it ilay hy ilay for aliout a week, coiuiiij^ in tin- morninji; nctimcs to hrcakfast, was tlu-n <,'cm'ia!ly at cvriy nu-al we took at Mrs. (Jact/s', ami ki-pt urjj;inj^ sol ai 111 repeating' to tlif iimrninLj we iliil j,'i), that wi- shouM comi' U|>. I n-mi'Milprr mi oiii' mrasioii, hr irmarkfil that what was our loss, Mas his ^raiii. ami that now he hail at Icn^'th j^aim-il what 1r' was .stckin;; for, naiiii'ly, to hi' in our family. Ilr irmimli-il nir of his ilisiriiii; to come am! livi' in our lioMsc, ami was ;;Iail that hi- now lunl a hoiisi- of his own to Ljivi' us shi-ltrr, ami saiil if it wasn't 4210 sutlit'ii'Utly laij^v, he woiihl julil to it. I h-ft it mtiri'ly to .Mrs. Kaull>ark what we shoulil ilo. Mr. Murilock at last pi'isuadcil hn- to oo. his nitri-atii-s were so larLfr ami f,a'i'at. Ill as so si'Vl'!'!' aiiil fiiriii'st in his (jcsiri' that we should '^d thrri", and that Mrs. Kaulhack .sliould constut. Ahoiit a wi rk al'ti-r our calamity, wi.- wont thnr (Mrs. Kaulhack and I), tlir childri'ii. 1 think, lodL,'i'd at tlu'ir ;,'ramlfatlii am I canii' to thi'ir mrals at Mr. Murdock': am too lit) Mii'ir alioih- tin Aliout a month afti-r, wlu-ii wr ;i:ot to rij,dits, mv rldi'st son wriit to ooili'^jli' aliout l~t of Octolii-r. I'lioii the suii^ji'Ntiou of .Mr. Wrathcrlii', I would say that thry may not havi> ^'ot all thiir meals at .Mr. .Murdock's initil such tiim' as wc •,'ot .st-ttlcd down. They weru out aiiiDU;,' tlieii friends. 1 don't remeiiiher when-. Charlie stayed at Mr. Daniel Owlmis. I and my family resided in .Mr. Murdock's house up to the time of his decease, he ur^jiii;,' us in every way 4220 to remain, that he wouMu't he si'parated from us. e\|iressin!,f !iis regret that his accommodations were MO .small, hut he would add to the house, and almost stipulated that as soon as I Iniilt, he wiw to cor...' and live with us. He expressed adi'sir.' tluit wherever we were, we should not he severed, hut that he and the familv should lie to'i'ther. When we went to live with Mr. Murdock, he had rvant, .Mix. Peek, ami .Mrs. I'eck's d i;i,'!it t w.is in a SI who <'ave evidence here, and her dan the 1 louse That was Mrs. ( 'atherim- I'.ck rht el- was tl oil'' Who <')l\i- evil li'llCi e in tills cause Mrs. I>eck rem.'iiiied there nhoiit a week or t'li ilnvs after .Mrs. Kaulhack ami I moved to Murdock's after the lire. Both she and her dauj,diter left aluioNt the same time hy Mr. .Murdock's ordi Aft er Wi' had leell in the h ollse some tlil'i ir f or tour ilavs. cami' 1 II) (■> the house aliout niid-dav, aliout 12 <>v I o I •lock. I fou'id Mr. .Murdoek cross, lie said he had cha'-ifed .Mrs. I'eck that iiioriiiii;,' with tamper- 42*10 iii^' with his letter, tampeiinj^ with a letter he had Lfiven her to mail to .Miss Crowe siniietinu! previous; that she had Ifiiiipered with it hy not mailing it ; and that she in reply said that sho took the letter and laid it on a lawvir' sk. I Jisked him "did voii understand lier to mean myself." he sal 1 he could i;et no further sati-factioii from her. 'J'hjit is the suhstame of what he said. I .said. .Mr. .Murdock. I had hetter ;.;;o with you in the room, and sei' Mrs. Peck almut it. lie said it v.as no occasion, or not worth while, that nothinij; could justify her not mailiiij,' the li'tter as .she was or.leied. Me u'as viry cross jit tin- tiiin'. He then sa_\s " here's anothei' hill which 1 considered was paid."' I j^ave her mmiey to pny it. Ih' then went to his ilesk, and s.'iys shi' must leave this house, iioth her and her da'i^ht.'r. He then sat down to his desk excited, and he wrote tliis note, and put it in an eiivelo|i.'. I jiresume it's the same einelope. I h.-ive iiothiiii^ to identify it. 4240 I k cii'iw it was adih'essed to Mr- laiil I saw him weri'i 1. "I d on t know aiiythiii!,' ahoiii your h tti'r. 1 always maileil y.iur Irtters." She was half intoxicated. Ilr \mis very much extispciateil. aii'l said : ' Voii must eli-ar out of this at once. " J don't ri'iiniiil'ir aiiy- hiiij,' particiilaily she sai'l in rejily. Aft rwar Is, a'jain in my preseiic'. ln' a;;aiii il'^maii'le'l of lier ,'ivu .soiiK- e\|ilaiiatii'ii with ru:,Mr.l to that h ttei. and what ahout the lawyir' s othce ;lie 111 .suini! ^t> vt-* 4; 87 way ivft'iTfil to wliat ho told me Hist about tlic lawyer's otKee, I tliiiik). Slie didn't st(i!id i.> eatter now sought to lie contradicteil, consists of evidence pn.diicid l.y respomh'nts' coun.sel on cros.s-examination, and this would allow him to create a new issue and a 4270 new trial to he met hy us; and that we are not trying the drankeness of Mrs. I'eck. Judge a; wei ks aftif .Mr. Murdock moved into the house). I saw her another time ahuut three weeks after that, — I saw her lielple.ssly drunk again lying on the tloor in tlu kitchen. I don't icmemlM-r seeing la rh(l|ileN>.ly drunk at any other times ; hut have seen her or other occasions that she ei.;dd not do her oidiuary work ahout tlu! hou.s(s from the eti'ects of liipior. Have seen her half di'inik freipifutly, so that she could just toddlt.' along at ditl'erent times, from the time she lirst went up tlure, to when sin- was +2N() ilischarged. I remeudier particularly going up to Mr. Murdock's almut ( 'liri>tiiias, 1n74. A short tiuK^ previously 1 had given him a small jug of two ijuarts of whiskey. .Mi. Murdock had asked me if I'd give him some of that rye whiskey 1 had there. 1 rciueinlK r lilting tin' suiallt st jiit,' I had ever seen, I think. Mr. Murdock in the evening, 1 think, went ln>mc and took it hniiu'. I accompanied him, and oHei'ed on the way to carry the jug. and took it in the hotisr and gave it to Mrs. Peck ; told lur it was Mr. .Murdock's. She opened it, t.>ok the cnrk out, till-i«>ii >>r imt ; hut I swear iM>-,i(',veIy that I've tried id 42'.t() rememlier, and considered ami thought it over, whether I Umk any li'iunr at any other time to .Mr. .Murdock, and I swear pD.sitively th;it I did not. except taking' up i.iie i.r twu hottlis df sheii y nr one or two liottles of champagne, on diti'er.nt oi'casions. .Sliall I ^ay any mure almitt the li(|Ue live msix times, Ij my own knowledge. She came for it for Mr. .Miinloek. She carried it in aiioiit a twn-gallon jus;. I don't know of any one else carrying iii|iinr up to .Mr. Murdock ; init it went up full ti\e or >-i\ tiiius. I rememlier the ciicumst;ince> jitleiidin^ two or three (if (hem. I lemeiid er uuee in iiiciiiiiiig die carried it in a large lilaek m- hidwiidaik shawl. It amused me tn s.c Imw eaiefuIlN juid teinleily she carried it in her arms, i saw it from my i>(Iiee windnw. She tonk it >'\\i <<\' the \iiid i;:i(e. She mo.^tl' uuk it nn tho,se oeejeiiiu>, I remeiiilier awjiy ,il ni^ht, I rememlier lliat Mr. Mi;rd kIv MiOO Mr. Wciilheilie ohjccts that the witness was uniiig on to .>it:ite the eomphiint which turned out afterwards to he a eonver.-'iitiou with .Mrs. Peck, which was ruled out hy the diulgc on olijcition. That in answer to the olijeotiim, Mr. ( )rtcn .suggested that it might have heen a eomphiiut of Mr. Murdock's, and olji'cts, having led the witncs!*. ('I'he Jiulgo admits the iiucjiion. ami Mr. \\ (Nitiierbe rc(|iicst8 that the (lucstion he put. i ' eomphiiricd to Mr. .Murdock thtit there was too much liipior going up to his house, that it was wr.mg. 1 think I g.-ive him some iden of the quiintily that wns going up, (that was in May or .liine, 187'),) and he said he eoiild'nt li(lii\e it. thfit he'd cnipiire ahout it, a!*k Mrs, Pc-k ahout it. Finally it was eontimu'd. 'i'liere was very little ahatement ot the ipiimtity going up, and 1 again lirought it to his notice, I think ho suggested, at any rate it was agreed hctweeu iis, that I should t;>l(t '«'. * • 88 go up to the liiMisc aiul sec Mrs. Perk in liis presence. I went home with Iiint tliat evening and the eonverxatiou was introdiucd either by Mr. Miirdoek or myself, when she came into tlic room about 10 o'elociv at niulit. I don't know what she said. She ?aid it was very weak. That she fiave some nway, and .Mr. .Murdoik f^ave some to liis friends. That is the siihetance of what was said. I tliink that must iiave been towar go to Yarmouth." He ga\e her permission, and gave her six dollars for two months wages, and tweKe dollars towaids her expenses going to Yarmouth. Mr. A\'eatherlie olijcct-* on grounds taken, and no time and place for contradiction. Judge lules the evidence out. 1 was in the habit ot accompanying Mr. Muidoek home at night, from time to time, from my i'ViO house, about half ti.e time diiritii' the time that .Mrs. IVck was living with him. I accompanied him generally when it was dark iuul lilowiiig, or weather bad. (J>n(siioit. — Was .Mrs. I'cck in the habit of dressing and vindressing Mr. Murdock for two months before slu< left his house, and s after bathing. That could not have been nmre than three weeks before my fire, may have been only a week. (JtiL'y.iion. — Did he accompany you bathing after the fire? ()l>jected to as leading, after answer given, but before written. Atisirir. — I can't say positively tliat he did, but I think so. My impression is strong Uiat he did, but I can't remember the time nor occa-ion ; but I know that he did go bathing, at least I've seen him return with a towel himself, afti r the lire. He told me he had been bathing, and his appear- ance would indicate it. I know ol" .Mr. .Murdock having been laid up with a broken rib, that was just 4.'5.')() before I left for Ottawa, about January or February, 187'). He was just recovering when I left. 1 couldn't say personally how long \w was laid up with the broken ril). About ten days before I left for Ottawa ho was laid up. Qiitstiou. — I want to know how hmg he was laid up with a broken rib? He was laid up with the broken rib about a week or ten days before I loft for Ottawa in January or February, 1H7.^). He had been in a high fever one night liefore I left. 1 saw him, and I remember his telling me about it, and .Mrs. Peek telling me about it in his preseiice, how sick he had been, that the fever affected his mind, and that bis clothes hanging up — I don't know whether he said — were people or ghosts. (Juislioii. — Have you anything further to say in coimection witii that? Aiisir, r. — That conversation was on the day or day before I left. Mr. Murdock was in his +*5 ill ti cc ta of C'i «•; hi qil iiii] r. baci to A of] that not f llOtlSi I (lid I «h, to nil 'ioiic say a; it"(th -nr \-*>m S!» liiin an hour or .so. I iliink tlint wasiho la^t time I saw liiin Iteforc- ^'oii)lad to see tliat he was very 8mart, hein^r under the impression that he had lieen eontlned to hid houiie for two or thiee weeks niter 4:i70 I left. Ohjccted to as irrelevant matter, not raised l>y the issue we are trying;. With r(';.'ard to the stove and spoons referred to l>y .Mr.-*. IVck, .\Ir. Murdoek's spoons were missed soon (at the first tea or hreakfast) after slie left. All the kitelien utensils were ^'one, aiul croekcryware and stove hrushes and shoe hrushes, and Mr. .Munloek at once said .Mrs. Peck must have taken them away, and e.xpresscd himself very much annoyed, lie then spoke al)out it that he'd make her brin;; the spoons back. He said he woi. dn't |)!Ut with them, liecause tlu-y were family spoons. He didn t mind any thin;; so nuich but tiic spoons. I heard nothing; further aiiout it tor n week or weeks after. .Mr. .Murdock ini|uired if I knew where the stove was that belon^'ed to the jjarlor. He said it had stood in his library, in the corner of the room, and tlu' pipe was up in the ^■^.]S^) attic. I went to the attic, an open «ipace ; I saw no pipe there. I knew the pij)e, and it was not there. Hi' concluded .Mrs. Pick must have taken that also. He sat down and wrote a letter, and a copy of a letter to .Mrs. Feck. He stated his reasons for bcinj; so particuii'i abou^ it, that he would take action aiJiainst her, did she not n turn them imiiudiately. I saw him with the letter, and a copy of it. The letter be enclosed in an envelope addressed to .Mrs. To k, and delivered it to my son Charles to take to her. Tlii-' is in his band writini;, as was also that he ^ave to my son to take. Ho was very urj^ent about it, and directed my son Charles to take it immediately. That is a copy of the letter. I saw them l)oth. (All this objected to, as irrelevant matter not ralsyd by the issue.) (^HfMion. — Was the one given by .Mr. .Murdock to your son Charles, a copy of that? 4."l!(() .Mr. Weatberbe objects, beini; b adin;^, because, when the ('ounsil improjierly in his last (piestion su^irested a comparison, the witness simply answered tiiat he saw both, and that this is an imi)roper attempt to lead the witness. Notice to i)roduee dated August I'lli, 1S7»», proved and put in evidence marked '• (I," " (i. T. S." Co])y letter referred to put in, filed, and read, marked " H." " (J. T. .S." Mr. Weatlierbe objects to conveisalinn with Mrs. i'l k, on additional ground tiiat no time aiul place was mentioned. They came back to the bouse, and .Mrs. l'e( k, snnu" few days afti r, told me slie hail sent them back. She mentioned tliat to me in my office. She -iiiil she took the spoons iiy mistjike 4 K)() (Jmstinii. — .Mrs. Peck stated in her evidence that you li.id opened a letter from Mr. .Murdock to Miss Crowe, did you, or did you not do so :" Ansi-cr. — I did not. I (ame bomt; one night with Mr. Mirdoek, I think it was in the .Spring of 187J», on leaviiu; .Mr. Murdock, in the eveniuLT to sjo home, .Mrs I'ei'k followed me. Mr. Weatberl)e obji'cts to any convers.'ition between witness and .Mrs. Pi'ck as irrelevant, and that no time and place has been given. .Judge admits the evidence. She followed me, and said she wantcil to show nu' something, and urged my nturn. J did not go back. The following evening, or next after that, I went up with .Mr. Murdock again to the house, and as 1 was leaving, Mrs. Peck stojiped nie, ;ind iisked me if I would come in the kitchen. IHO I say anything about ;f ■ She entreated me not to say anything. I loolanl at the envelope, it was torn so that it could not be put in again, and she toro it (the letter ami envelope) in a lialf-a-do/.cn pieces, and threw it in the cooking stov^ . I never saw n ,■ . '/,»,• ? V m m :*»'- ]Ut ;'* • '§' .*'.'■■ v.-' , \ ,' •»■ "* '. ■ p • ■ «~; . ,f m •■ • , ■m !);) ^^rm / V niiy other letter addressed to Miss Crowe in Mr. Miirdouk's hand writing*. (All this evidence ob- jected to.) Question, — Did you ever state to Mrs. IVck or her daughter, or both, in Mr. Murdock'8 kitchen, or elsewhere, that he ( Mr. Murdock) was not fit to do business any more, and that anybody 4420 could cheat him who wished to, or words to that cH'ect? Anairer. — 1 certainly did not. I could not have said 80 in truth, and did not say it or any- thing having the like meaning or ott'ect. Heside, Mrs. Peck, during the time she was in the house after I got there, never to my knowledge. I never saw her ir. a fit state to communicate with her on any subject. All the time I was there she was under the influence of liquor. Mr. Weatherbe applied to the Court to have the remainder of the answer taken down. Mr. Owen states that .Mr. Weatherbe oltjectcd to the remaining portion of the answer as given by Mr. Kaulback, and the same not l.eing evidence, Mr. Owen withdrew it. Our relatiiMis nt the time were such, that I had no ccmversntion with her. Further, Mrs. Peek or .Miss Peek said in her examination " that Mrs. Kaulback and Mr. Munlock were out at the 44.'tO time down on the wharf walking." I state that from my knowledge of Mrs. Kaulback's health at the time, that she wa.>i eouHned to the room or the house the whole time, Mrs. Peck was there. That's my impression strong. I am acquainted with Mr. Chariea Beamish. I remember the time Mr. Norwood was in Lunenlung, in , June 1^75. The first part of. June 187.5. We went to Mr. Murdoek's together, about 1 1 o'clock in the morning. I saw .Mrs. I'eek there on that occasion. I saw Mr. Murdock ii\ his lil)raiy. lie had some i)ooks down on the table at the time; we were there only about five minutes, it may have been seven or eight, or ten minutes, it was a very short time. Mr. .Murdock spoke to Mr. N'orwond. .Mr. Norwood was looking at the book, and took one or two out from the shelves to look at them. Mr. Murdnck directed his attention to the books, and the order they were in on the shelves, aceonling to the sulijects Mrs. Peek came in the room. Mr. 4440 Murdock said something to her, wliat, I don't know, some kitid of an order. She went immediately out. iMr. Murdock put on his hat, changed iii.s coat, and went out with us for a walk. We walked round the sipiare, in a directien from my house, and had a conversatitm about some property there, and some lumsc.s belonging to me. .Mr. .Munlock talked about wishing to extend his house, en- larging it. ^^'c walked round through Water street :unl up to my house, all three uf us, when we had a repast, dinner or lunch. I know we all were there together. Neither I nor Mr. Norwood had anything to drink in the room or house of Mr. .Murdock on that occasion. There were no tumblers, nor water nor decanter on the table or inside. Mr. Murdock had nothing to drink on that occasion. If I am not mistaken Mr. Murdock told Mrs. I'eok to get his coat ; he changed his coat on the occasion of Mr. Norwr»od and my visit. 44.')0 I'm not jtositive whether Mrs. I'eek brought the coat in the room, or whether it was in. .Mrs. Peek nor anybody else took tumbler or decanter, (u- any kind of li(|Uor into the room, on the occasion referred to, when Mr. Norwood and I were there. (.Mr. Owen refers witness to Mrs. Peck's evidence with res|>cct to his getting UKmey from Mr. Murdock, witi.out giving a receipt or rc^ceipts and asks him to explain.) I got money from him on one or two oecasious without giving him a reeei[it. lie used to borrow money from me occa.sionuily to return it in a few days. I never on those occasions took any paper from him, nor did he receive any (Voni me. I remember, on one occasi(Ui, lii.s getting from me, fifty dollars, I think. (That was the largest sum) to return the following mail (when he was expecting numey) which he did at the tinu' stii»ulated. I remend)cr tm one occasion he returned 44(10 (I think it was the fifty dollars, in his bed-room. That was the only one occasi(m, I think, in his bed-room. Those monies boiroweil and returned had nothing to do with my accounts. There were no entries of them, nor receipts. Mr. Murd(»ck was always prompt in meeting any such engagements which he made with regard to money. I never knew him to fail. .Ml this ijxiilence objected to. Qucntion. — .Mrs. Peck stated in her evidence "that for some time Mr Murdock took no interest in money," or woids to that eH'ect, was such the ciise, from your knowledge of him? Answer. — He always returned me the ni ue\ he borrowed in full weiiiht. (I had reference to the money borrowed on those different occasions for which he gave me no obligations for the money.) .,,% ■<• *l * % 01 ■ l' « Quest ion. — IIiivc you aintliiii^r fiutlicr to state? H7() Mr. Wcatlicrho olijocln, as improin'i". Answer. — Wi-ll, rather thu rovfrst* was my opinion of liim, tliut lio iliti tako an interest in money, Wliencver lie borrowed money ri0 was the net balance, of whieh money ho was entitled to a eevcntli and n fourteenth. 'I'hat Mr. IWamish hold a thousand dollars, — his share of it, — to indemnify himself against an old allo<;od claim by Cogswell's estate, I think. Ho made a I'alculation (,(,<)() in fijjurcs (in pencil on paper, just rouj,'hIy. I have not that i»aper ; it was probably torn up imme- ediatoly) — fij^ured up what he was worth, (that was in November). lie stated then correctly, without any sujj'Jicstion from me, the monies he owed mc on notes of hand, (this ho did from memory, the other, as re{j;ards the calculatiim, on pa|)er). There arc many other statements I niij^ht make as to the interest he took in money. I ihm't just romcud)er them. Since then I do remember that whoii Mr. Heamish was down on the 13th Decendicr, ho was particularly desirous that I should ask .Mr. Ikamish if ho had any charges a;jainst him, other than those in their then settlement ; on the occasion of that settlement, he sug;,'e.sted to Mr. Beamish one or two charges that .Mr. Beamish should make against him. They were for UKmios that Mr. Beamish was to pay, or had paid for him, in Halifax. There is a great deal more I might say if I had time to consider. f.All this evidenio objected to.j I 4")()() remember all the times of Mr. Bcamish's visits to Lunenburg in 1H7.'). 'J'iio tirt visit (inJmu!) I only know from Mr. .Murdock. Mr. Murdock came to my house about noun. I think we wore about going to luncheon or dinner at the time. He said .Mr. Beamish had been up at the house ; that he was not desirous of his being with him, or something of that kind. Ho said ho came down to the liou.se to get rid of him, or something to that effect. Mr. Beamish was down at Lunenburg throe times after that. Once about the last of Scpteml)er ; again al)i)iit the last of October ; again in December. I don't know how long he remained in .Imie ; I didn't see him (.Mr. Beamish). I remember Mr. Beamish coming to our house one morning in Seplember, I think ; ho reniaim d over night and left the next morning. (I mean by " our" house, .Mr. .Murdock'si. .Myself and family resided there then, and .Mr. Murdock also with us, or wo with him, wliichevor you choose to call it. In ( )ct(il)cr, I remcnibLT -Mr. 4.", |() Beamish coming one day, (about mid-day), and 1 think ho left Lunenburg m xt morning, not suie, but I didn't see him in the house after that ovening. In DecciiibiT, I think, ho was in Lunenburg two or three days. 1 think I saw him of a Sunday, and all of .Monday, and I think he went 'J'ucsday away. Objected to. After December, he was not in Lunenburg to my knowledge, until a. er the decease of .Mr. Murdock. I can speak positively as to his not having boon there, up to ten days of Mr. Murdock's decease. Mr. IJoamish was not in Lunenburg on any other occasion in lfS75 to my knowledge. I remember giving .Mr. Beamish a drive in September. (Jiie.'^tion.— Did .Mr. Beamish, while in the carriage with you during that drive, say to you, 4.")2() " Well, Mr. Kaulback, you ought to prevent .Mr. Murdock from making a will or wills, or words to that effect?" « IMAGE EVALUATION TEST TARGET (MT-3) A .-P- 7. 1.0 I.I 1.25 IM 111^ j 5 - Ilia '■ !IIM »i 4 M IIIW U IIIIII.6 6' V] .' i Wm 93 take him after he found Mr. Norwood was going to remain. Mr. Beamish wanted him to wait and go with him and Mr. Tobin in ii private conveyance the following day. Mr. IJeamish suggested that, that afiernoon, and he plainly and very emphatically told him he wouldn't go with him, that he didn't want to go with him ; and he (Mr. Murdock) told M r. Beamish in substance that he might have sent the little money by Po.st Office order, and not trouble him with his presenf;e. That was the purport and 4.')iS0 only inference that could be drawn from what he did say to him. I did promise Mr Murdock that, if I could make it at all convenient, I would go with him to Bridgewater that evening, but it was not very convenient, and I preferred staying at home. Mr. Ross and Mr. Norwood were there, beside Mr. Beamish, and I didn't like to leave them. I didn't consider it polite for mo to leave them. When I came home in the evening I told Mr. Beamit-h (I mean Mr. Murdock) it was not convenient to take him. Mr. Murdock reminded me that I had promised to take him to Bridgewater, and he was ready to go. He had no overcoat on, nor anything to go on a drive. Question. — Had you any conversation with Charles Beamisli with respect to the will alleged to have been made by the late 13eamish Murdock, in Halifax, in April, 1875 ; if so, state what Mr. Beamish told you with respect to the same ? 451)0 ( Mr. Weatherbe objects on the ground of irrelevancy, and if on ground of contradiction, that time and place was not pointed out to him. ) (Judge allows the question.) Ansicer. — We had a conversation on my return from Ottawa, in the spring of 1875, at Halifax. Mr. Beamish met me in the street, and said, " I was on the lookout for you." He said, " Mr. Murdock's been up here, and he made a will." Then I asked him how Mr. Murdock was, and he said he was very well, exceedingly well. He used a superlative term, I don't know what it was. He said ht was exccudingly well. He said, " He's left the bulk of his property to Mrs. Kaulback (which means of course her and her children), and some few legacies here," (in lialifax.) He said, " Mr. Kaulback, Mr. Murdock is very much attached to your family, and very properly so, from 4()()0 the kindness and attention he has received." He then asked me to say nothing at all about I. lit he had communicated this to mo, and that, if possible, I should ha' j a care that he (Mr. ^lurdoc.) clicln .pend too much money. He further said that he (Mr. Beamish), I think, was the sole executor tvill. He said that in answer to a question by me. I suppose I'm not allowed to say what I Mr. Wtatherbe's conversation to me is most insulting and contemptible. Mr. Weatherbe objects to Mr. Knulback's stating his re|)ly to Mr. Beamish. Mr. Murdock, subsequently, (about a week after Mr. Beamish's conversation with me,) said he went to Halifax to get seeds and plants for his garden, and that — Mr. Weatherbe objects to this conversation and all conversations with Mr. Murdock as to the will of April as irrelevant. 4010 Judge admits the evidence. He there made a will. Mr. Kaulback states that (a copy of notice to produce, marked " J."' " G. T. S" was served on Mr. Weatherbe about 10.15 a. ni.. this morning, August 18th, 1870,) (filed 11.5 a.m., and proved). (Mr. Weatherbe objects that any conversation with Mr. Murdock with regard to will made at New Ross as irrelevant.) (Judge admits the evidence.) About a month before Mr. Murdock's visit to New Ross, about 20th June, he told me that he intended to make a will and stated his reasons for doing so. I knew nothing of the 4(520 contents of tlie will made at New Ross, previous to its being made. On that occasion of the conver- sation, about a month before he went to New Ross, he told me the reason of his leaving Halifax, that Mr, Beamish told him he must go somewhere else, that Mr. Beamish would'nt have him, that his hours were not consistent with their (the family's habits.) But being in Halifax at Mr. Beamish's house, that he had made a will leaving his property differently to what was his intention. That he was beset by Mrs. Beamish and her daughter. Miss Beamish. Question. — By whom else? i ■••^>:;, to l.;a said. * v.. « ■ i \ r Ii*v % «,; ;■<- ie *■ ^9*. 94 (Mr. AVcathcrbc objects as leading tlio witness) and reiterates the objection as to irrelevancy of this conversation. Particularly Mrs. Beamish, and that he left property to Mr. Beamish and to Miss Henrietta 4()30 James, a sister of Mis. Beamish, which he never contemplated or intended, but that he could'nt help himself, he was ashamed to say, but that he intended to make a will now according to his own ideas of right. (This conversation was about a week after my conversation with Mr. Beamish, and volun- tary on the part of ^Ir. Murdock). When he went to New Ross he said that he would have his will executed there. Tliat he wasn't pcisonally acquainted witii Mr. Vernon Smith, but knew him by repute, and that he would get him and Sf ire Ross to witness it. 1 ilid not know the nature of the will or its contents, nor did he then tell ,ie. I did not sec it executed, but on our return from New Ross the following day or the day after, nc gave me a large sealed envelope, purporting to be his will made at New Ross, and addressed i)y Mr. Murdock to this effect : " The last Will and Testament of Beamish Murdock, to be opened by his executors, II. A. N. Kaulback and Charles Beamish." He 4(540 gave it to me as one of the executors, 1 suppose, to retain for him. That was before my fire and I ])ut it in my safe, and it was in my safe during tlic fire. A few days after the fire he enquired after the will and he presumed it was damaged or destroyed as other papers. It was so, and was defaced fioni the effects of the fire. The ink was partly taken out of the paper by the action of the chemicals in the safe, I suppose. He asked me to bring it to him which I did. The envelope was still over it. He or I opened it and that w;!s the first time I knew the nature of that will. It was in Mr. Mur- dock's writing. (All this evidence objected to.) Qacufio'ii. — How wa,s it att'ccted by the lire ? (Mr. Weatherbu objects that counsel led tlit; witness by previously asking him whether the will was rendered usek^ss liy the tire, and then withdrawing it. 4G.')0 Answi'f.—Thi; will was broken and torn in endeavouring to open it after we took it out of the envelope, and from niemoiy I should say that one-third of it was entirely obliterated, or defaced other parts were .so that you would .sometimes guess at the words, only from what went before and what went after. About the same time when it was o])ened, it was left up there with him (in August) he (lireeti'd me to ask Mr. Ross in my oihce (Mr. Ross was in my office admitted to the Bar I think filling out his term of servitude, or a portion of it) to copy it, and instructed me to tell him to take (iut the bequest to Mrs. Peck, ami to insert a sentence the jiroperty in which we then lived Avith him, should be po.ssessed by us for a term not exceeding tbi'ee years. I accordingly did so, and it was executed in piesence of Mr. Ross and Mr. Ellis as witnesses. He directed me to ask Mr. Ro.s.s to come up and see it executed. (All this evidence objected to.) 4(J()0 Question. — At whose request did Mr. Ellis come there? Anxivcr. — I don't know. At the time Mr. Ellis was there, when the will was executed, Mr. Murdock said that he sent for Mr. Ellis. He .said this in presence of Mr. Ellis. I think I menticmed to Mr. Ellis that he should read the will to him (Mr. Murdock) fidly, clause by clause, (that is the will of the 27th.) I'm not tjuite positive Avhether I said this to Mr. Ellis with regard to will made on the 21st or 22nd of August. I think I did; I'm almost positive 1 did, but I'm sure I did of the will of 27th of August. (All this I'videnee objected to.) The will made at Ni'W Ross and subsiMpiently defaced by my fire, I n^turned to Mr. Murdock after .seeing that it had Imeii properly copied by ^Ir. Ross, with the amendment or addition of — (Mr. 4(i70 Weatherbe objt'ets that this is giving evidence of writings, without proving them or accounting of their loss.) The Judge decides that witness cannot now give evidence as to the comparison of the papers. Mr. Murdock destroyed the will nuide at New Rf)ss, after 1 hail taken it up to him and he had given me the instructions with regard to the new will, and the alteration he wished made. Qarxliiin. — Was it before or after the will of 21st August, witnes.sed by Mr. Ellis and Mr. Ross, was executed, that .said New Ross will was destroyed by Mr. Murdock ? AiiHurr. — If my memory serves me right, 1 took the will, written by Mr. Ross, up to Mr. Murdock, witli the old defaced will. 1 think it was after that that it was destroyed. Mr. Alurdock tore it up. Mr. Munlock gave the will to me, executed before Mi'. Ross and J.lr. Ellis, S7"), in that enveloi)e, marked "J." " G. T. S,' and now put in evidence, which containeil 'f'l\ ■^ ?■■'■: ■:%--\ ■' Ik 4' ' ri f •' f . .u*^ , %'■* lL«,j 95 '^^ or had this address on it at tliat time, with the oxception of the 27th of August, 1S7."), wliiih was tlien the 21st. Mr. Murdock liandod it to nic, and said: "you've no safe now, wliat are you going to do with it." He a.skc^d nie to take care of it. I said tlie Slu-ritrhad a large safe, ai\d I'd ]iut it in that. His adih'ess on tlie back of tlie envelope, in ink, is in the haml-writing of Mr. Munlock. I did put it in Mr. Kaulhack's .safe. Within a day or two afterwards lie asked nie to get this will for him, tliat he believed there was a mistake in it, that he liad not diiected the sale of the real estate to pay the legacies, and he said if it was so the result of it Avould be the real estate would go to the heirs. According to his directions, I went and got him the will. He carefully- opened that envelope marked "J." " G. T. S." and took the will out, (and discovered that, as he thought, the mistake had 4(51)0 been made.) Mr. Weatherbe oljjccts to going into the contents of a document which is not produced nor accounted for, — namely, the will of 2Jst August. Mr. Weatherbe having reference to the last words, in brackets, which Mr. Owen withdraws. I .saw the will of 21st destroyed by Mr. Murdock about the 1st of Novendier last. Mr. Murdock directed me, when he found thi.s error, to take tl e will to Mr. Ro.-;s and get him to make the alteration with regard to the sale of the real estate. I can't say whether I wrote it out, or whether Mr. Murdock wi'ote it, or whether it was in writing at all (the direction to Mr. Ross.) Quedioyi. — If the in.structions given by Mr. Murdock to you for Mr. Ross's evidence, in waiting, or preparing the will of 27th August, l •if' »' i't •* « e o t( I c: b( ti( it it •>*,_%■ -S' ti( I: ta it f'0 l)(i f 'S'll^.'M ■writiii;,', atid Imsn't callcil Mr. Roks on tlif sulpjcct, or iiit('rroj,'nU'(l li'mi wlini lie wns on tlic stand; tliat ln' slioulil Iiavt' I'xlian.sU'il nW means of nsccrtaininjj;- roncernin^' the writing,'. Ju(l<,'o admits tlic; ((Ut-stion. Aiisirci: — 1 did, I took tlic New lloss will to Mr. Ross in my oHicr, and j,'avT it to Mr. Ross, 47 -tO with tlir instrnetions whicli Mr. Mmdoek askcij nu; to dolivcr to liini. Mr. Russ followed ont the instructions. Mr. Weatlu-rlio olijt'cts on same {^'rounds as above. He eojjied it according' to the instrnetions i,Mven to mo for him, and I took hack the " New Ross" will with tlie one written by Mr. Ross to Mr. Mnrdock. Mr. Mnrdock liavinjj; made arran<^e- monts re^ardini; the time of its execution, wliich I ac(|uainted Mr. Ross of. I mentioned to Mr. Ross tlie time Mr. Munlock named forliavin<,' it executed. 1 tliink I before stated that Mr. Mnrdock reciuested nu^ to ask Mr. Ross to come up and witness the execution of the will at a particular time, which I did, tellinj,' him tlie time. Qnrxlldii. — \Vas that will fof 21st Auj,Mist) exectited by AFr. Mnrdock, and in whose ^iresence ? 47")0 Mr. Wentlierbe objects to evidence of tlie execution of tliis will, on the same <,'round as takeji in Mr. Ellis' evidence. That if evidence at all, the witness of the will must be called. Jnd<^e rules ([Uestioii out. I saw the same jiaper written by Mr. Ross afterwards, on the same day. Mr. Afurdock handed it to me in that en\elo]ie (" ,]. " (}, T. S.") I saw him ])ut it in that envelope. I saw his name to it in execution of the will in Ids own hand wiiting, and his seal thereto. Objected. I also saw the signatures of William I'^Uis and (leorge A. Ross as witnesses. I saw him write the address cxcepti(jn of the words al)ove given. 1 know tins of my own knowledge, for I compared it myself with the other will at Mr. Mui'duek's. 1 saw Mr. .Murdock then enclose the will of the 27th in this envelope marked "J." "(i.T.S." I renuMuber there was nnicilage got Itecanso it ha ■ t» Iv. * t 1 V 1: a It u f >" tl C( ]■( X s. tc fr l>i In ill 111 ill tl. f(. pa to p M. mm 07 was in his own hanil writing,', wliieli was inoorporatoil into tlio paper writini,' I nmdc, at liis rciiiicst. At'ttT I liail Hnislifd tlio copy I made fioni the pa])er he handed nie, and from the sii;,';rcstioiis he madi' to it, lie asked me to read it over to him anil I read it. He then reipiested me to ciii^fross it. He a.ssented to it, that it was a correct. I won't say lie said it was just what he wanted. He approved of it, .said it was rii,'lit. I can't remendior every word he .said. I declined to enj,noss it, and fjfave my rca.sojis for it. I told him that he well knew the conduct of Mr. Beamish and what Mr. iieamish had said to him, and it was ri;,dit that I .should not have anything,' to do with niakin;,' his will. He a'^freed to it, thouj,'lit upon second thoiij,'ht that it was prohalily liest that I did nut do it. He thendestiHiyed the will of 21st of Aui,'ust, with the alterations on it, froiu which I had copied. He +!S0() tore it up in small pieces. I saw it several tinx's between that and the |.')th NoveMdier(l mi-an the co]iy 1 made in his room, as licfore descrilieil). He tolil me. I think he told me; yes he did tell me that he liad made sonu! alteration in it (in the paper I I'l'fused to enj^ross,) | did not know wliat the alterations were. I didn't ask him, and he didn't tell me. The will was e.\ecuteil on a Monday in Novemher, !iS7"). On the Sunday hefore (that is the day ]irevious\ Mr. Miu'dock reipu-sted me to ask Ml'. Edward Solomon to come up and see him, ami when I returni'il from church in the mornini,' Mr. Murdock asked me if I delivereil him the me.s.saj,'e. I told him no, that Mr. Kdward Sulomou was in church hut I hadn't spoken to him. He then particidarly recpiested that 1 shoultl see him after church in the evening,', and recpiest him to come up that ovuninj,'. I saw Mr. Solom mi that eveiiini,' condn^if out of church and a.sked him to come up to the house. Tic declined, said it was 4.Sl() Sun,'ot up .and went into the house Mr. Solomon and .Mr. Murdock went into the lihrary. I afterwards went in the lilirary ; .saw Mr. Solo- mon sittinjj; writing', Mr. Murdock sittin;^' alonj,fside of him on his rij,dit. Mr. Solomoii, I ohservi'il in l)assinif throuj,di, was copyin;,' from the pa|)er which I referred to as having been written on 1st Novem- iier which I refu.sed to i'n.^ ,* • <> .' :i :'■ •t. ^* ,*.,• X' ■:<*■*, t \ \ t V tl ft s oi \\ AV n( to wl th; ua l.in Lu ml He mei my m to jL^o to Mr, SoloiiioiiM (»tli(;c, ami aftri" the will was tMi;,'rosscil liy Mr, Soioiiioii ti> tiikf from liiiii tlic ilnift (I inciiu tlic paper that Mr. Solomon wrott? on Siiinlay t'Vciiin;,' ami ImIii;,' it to liini.) I • lid .so ; went to Mr. Solomon's olHci', asccrtaiiu'il that the will liml liccn (iiLtrosscd, ami took the draft from him ((hat which had Iwcn inadc l>y Mr. Solomon on the Snnday '.'vcnin;,'). F j,'av(' it 4850 to Mr. .Mnnlock in the cvcninj,' ; I intended takin;,' 't up at noon Imt fo''^ot it. Mr. Murdock, wlieii i liron;,;lit it to him in the evenin;;-, recpieHted me to put down his name and those of tiie witnesse.s in ordcir to niaki; it a perfect copy, whidi i did, and lie kept it -the draft — in his ])osse,ssi(,n until after I purchased a new safe (I think t piu'chased it in Decendier), and then he asked me to put it in my safe, which I did. That is the draft in writing,' 1" Mr. Solomon now on lile. ^I went home (on that .Monday the will was executed) ahout noon. I went into the p'lrloiir and .saw Mr. Mindock with a paper in his liand open. Mr. Went/el and Mr. Solomon wen also .sitting,' liy the tahle. Mr. Murdock apjieared to he just ahout ])UttinL,' the ]inper down. 1 said, "I helievc Mr. Munlock is ahout makinj,' his will" (that's the suhstance of what 1 said); " I should like it to Ik- read to him," and then I passe(l out. 1 went in one door and out the other. Some, 41() getting rigiits in that Canal. And of Russia's encroachments on Turkey, or designs on Turkey ; and I remember the very last words he said on that subject, which were "the crescent must give way to the cross." Another was about Gladstone and Disraeli, comparing them as statesmen. He spoke of Gladstone as a great scholar, but that in politics he was persistent. He compared him in that respect with Dit-raeli, as to his ability and education, and his consistency, and ot the things Disraeli had to contend with in coining to his high position as a statesman. I rememlier he stated Disraeli was a Jew, and on that occount he was prejudiced against him, and his social |)osifion was against him wasn't high. That he hadn't the advantage of a university training, tiiat he had to rely entirely for the mark he made on his own personal efforts and ability. And spoke of the difficulties with wbicli a person in his j)()sition had to contend in rising to such a high position in so aristocratic a legisla- WiO ture. All the evidence in this paragraph objected to as irrelevant. Judge admits the evidence. He spoke also of his first efforts and per.xeveranec in Parliament, and of his courage, and spoke of his first speech in Parliament, and of his having said the time would come when they'd be glad to listen to him. There was another subject suggested by something in the jiaijers. I think Mr. Murdock asked nic if I had seen the Indian Chiefs at Ottawa. He sj)i)k(^ of tlu- (iv)vernor-Gene- ral's visit to them. Some time previous to that he spoUi; of the loyalty of the Indians, and tiie war by which England lost her Colonies in America. He spoke of other Loyalists amongst tlie Indians, and that many of them had settled in (Canada, and formed settlements there. He spoke of tlieir 4!>.'!() many feats, and the services ])erformed by them in favor of England's holding her possessions. He sjjoke particularly of one Indian Chief by the name of Prant, who was deserving of .sjieeial notice, whose deeds ought to be handed down. He spoke of the assistance they rendered England in the war of 1812. He spoke of the jiolicy of the I'nited States with regard to the Indians, that they had not treated thcni in the manner they deserved, and how essential it w..s for Canada to keep faith with the Indians. I think that wa>- about the |)urport of it. Tliat it was chiracteristie of the Indians to remember any breach of faith, and that they would have revenge. Question. — Were th(>re any directions given by Mr. Murdock to yon on that occasion .' Ansiver. — On the following day, being th<; day I left for Ottawa, (that was the last I saw of him that day), he asked me to goto the Registrar of Deeds Office, Halifax, and get from 4!)4() there an assignment (of property of Hiirton's, I think), an assignment of a mortgage. He told mc, I think, it was an assignment from Ihnton to Peamish, and from Peamish to Mur- dock, that is my im,iression of what he said, and if it was not there, to impure for it of Mr. Beamish, and get it f(U' him. He also requested nie to pay a bill of twenty odd dollars at Scott's, (the Naval Depot, Halifax) for him. He also told nic to send newspapers from Ottawa to his cousin in Ireland, and he gave me the address of his cousin. I remember he rcfpiested iiie to write him from St. John's and also as soon as 1 airivcd in Ottawa. If at any time 1 wished to know any date or event, I always went to Mr. Murdock, and relied upon wliat m .«•» > • 100 'Si rlii'ii ho liroke liis rili ? he told me as accurate, and tliat I did from the time I first saw him, to the time I last saw him, about the last of January, 1875. It must have been the last Sunday in January. The Sunday 4950 previous to that, he was in Churcii with me in the morning; and the week previous to that, he was out walking down town wilh my little child, about 9 years old. Mr. Murdock had a library. t had been considerably broken up by his removal to Halliax in 1874. He parted, I think, with some of his works up there, l)ut he had a good library, on almost every subject. lie arranged all his books in his library, and could ; 'dily find any book asked for, and of M'hich he wished to have any conversation. If any book was missing, or if 1 took down any book, or a book appeared to be gone, he'd enquire after it. deferring to a book, he has frcqticntly asked me, and told me where it would be found, and I would go and get it, and that command of his library he pcssessed up to the time I last saw him, except on occasions of sickness. His particular sickness was in December, 1875, about a week or ten days before Christmas. The doctor thought he was very sick, and I 40f!0 didn't think he would recover. In September, I think, he was suffering for two or three days, that he was invalided. I remember so particularly his sickness in December, I thought he was very sick, and I asked him if I had better not send for his relations or friends in Halifax. These are the words he said, " I say emphatically no." " I want to see none of them. I would like to see cousin Aiken, but he's too enfeebled to come down at this season of the year." I r(;member his saying that we needn't to be so much alarmed, that he wasn't so sick as we thought he was, that he'd be all right again. Qncfifion. — ^Wasn't tlicrc nnotlicr occasion wlirn Ansurr.—Yvs, but tliat was liefure in January. Qaestiun. — Before what ! 4!>70 Anxfirr. — Before the time I'm just narrating. (1 won't say it was in January, it may have been in February.) From my kuowlclge of Mr. Murdock from the time he Avent into his house, (about the 1st of August 187."), up to the end of January last, exee])t the time of the end of January Last, except the time of the sickness mentioned, Mr. .Miudoek dressed and undressed himself, without any assistance, and re(|uired none. Two-thirds of the time I have seen him go to bed and be in bis room reading t(j him while he was going to. bud, or preparing for bed. As to his food — he was very particular as to his diet. He had an aversion to several things, and if they were mixed up in his soup, (jr anything else, he coidd I'lVidily detect it. Ho was very clean in bis person, scrupu- lously clean in his person, and elianging his clothes. He used freciuently to make the remark 49f>0 that eleanlini.'ss and godliness were akin, that there couldn't be .i dirty christian. I never heard him make any extravagant or absurd remark with respect to Mrs. Kaultjaek. He always spoke with the utmost respect of her, and to her, and that from the tinu; he bectanie intimate in our house, up to the last I saw of him, I never saw him offer Mi's. Kaulback any ardent spirits other than Avine, and Mrs. Kaulback, to my certain knowledge, has a repugnance to arilrnt spirits — Avonld not })artake of it as a beveiagc I have seen her take Scotch and llye whiskey, liotb mixed Avith something else, under the directions of a doctor. Bye Avhiski'y and milk. I think it Avas, Dr. Tupper reconnneiided it to Ik r for Avi'akness of the chest. And I remember on one occasion in the evening, her taking some hot Seuteh Avhiskey, and something in it. 1 forgi-t Avhat, at the reconum'udation of Mi. Murdock, be said it Avas go<.(l for a cold. He said it Avas his cure 4990 fiiot Scotch whiskey) for a cold. I remeinl)er Mrs. Ivauiliaek had a gi'eat aversion to taking it. Mr. Murdock, 1 remember, mixed it for her on that occasion. Qiii'kChii}. — Is that the only occasion on Avhieb you iviiiem))er Mr. Murdock recommending Mrs. Kaulback' taking anytliing stronger than Avine ? Adkh'ci: — I don't remember any other occasion. I feel sure he Avouldn't have thought of asking her to take it as a beverage, lie had too much respect for her to ask her to do .so. (jarsfii)V.—Y>o you remember any particular act of Mr. Murdock with respect to translat- ing a book, if so, state particulars, including the time. Aii.Hirn'. — He Avas translating a book, Deany's, a i'reneh Avork, on Xew fiance or Acadia. T remember him translating tlie Ixjok in November last. He Avas translating it before my fire, and .")000 took it up after that a.s his sight improved. Some days his sight was better than otheivs. Quest k)}i. — You .say that he continued it during the month of Novembi.'r ? A«„ i* >^ :-^i '^i ,■ " w U .' ^■^■c :?i V 1^ -??*.■'»!. .' '!i!' ^■■; y *■ I-*' :j>' ii? ■lit i:Jtyri . -^r i i rr i i "i iMl ffi i i ii n-n > 1w a 101 : r, ■ , I ♦•■•J ^■k^ Av8wet\ — I did not say during, but in tlio month of NovLunbcr. Qacul'ion. — About liow often did you sou liini tiuiislating tliat work in Nowinbt-r ? An.nver. — I can only reniLMuber once. I know it to be November, from its being some days, or a week after, Mr. Beamish was down on a visit tlie end of October. And I reiiiendicr it as being some days after, Mr. ]\Iurdock got nie to copy the paper I referred to in my direct exanuna- tion for a will. Charles, my son, went to college in the enrly part of October last, and Mr, Mnrdnck, with oihers, assisted in preparing him. It was only decided in September that he should go to college. ."lOlO Ho was young, and roijuired a great deal of preparation, and Mr. M!U(lock gave him great assis- tance ; and after his eturn from college, about Xmas, Mr. Murdock examined him as to his proficiency, and expro.s.sed himself very much pleased with the ])rogrcss he had made in the short time ho had been at college. Ho also assisted my daughter with her French and Oerman, from the tinii he first came, to the time of his generally .")()2() played about twice a week in the evening. He played a very fair game of chess, and but for his impaired sight, would have won games from me which I believe he lost through his im[)aired sight. Mr. Murd(jck would rise very early, particularly in Summer time, and more particularly after my fire. And generally would rise very early, and go out to his garden, of which he had control and superintendance, and then he'd come in about H or !), and j rejare for, and sit down to breakfast. He generally .said gi'ace at breakfast, and at all the meals; and on this .sub- ject, I may .say, that in retiring at night, he would re(|Ue.st Mrs. Kaulback, my daughti'r, or myself, to read a passage from the Bible, and select the pas.sage himself. He'd then ask the family to join in prayer, and he would make an extemporaneous prayer, and generally in his prayers, he would bring in any event that had occurred, and suit his prayers to the occasion. Mr. A. urdock .")0:50 selected and gathered all the seeds from the garden. I reiiiendier he liad .some sixty ])!ickages done up, that was during Se2)tend)er or October, and part of Novend:er, I think. I have seen Iiim pick them, and jiut them in packages, and label tliem. These ))roduce(l, marked "K.," (i. T. S.," " L.," G. T. S.," " M.," G. T. S.," and riled and received in evidence, are thiee 2iivckages I found in his seed bag, which were left after the seeds weie planted. Objected to as iri'elevant. I have seen him address them, and these are in his hand Avriting. I can't swear 1 saw him address these. I have seen him address .some late in October, or fii'st of Novendier. ] have sien him, about Noveinljcr, I supjiose, Avlien the frost was coming, house plants from the garden, to be kept over Winter. I think it nnist have been about the last of Novendier last, in con.se(|uence of ')0M) the ground being frozen, and he had to wait for a thaw and a rain to get them out. During the time Mr. Murdoek was hei'e, from the time he first came, lie always accompanied uson any pic-nies or gatherings of that kind, any recreations, in' excursions, our family went upon, he was always with XLS. He was at a Sunday school pic-nic of the Church of England last September, round the harbour, at a place tailed the " Sherifis Head," and he. was down the l)ack harbour, some' I'ight or ten miles, on an t'.xcursion in lioats, a ]iie-iiie from which I remember we returned very late at night — it was very dark, and we could hardly find the way. It was a very rough roail. Mr. Murdock walked home on that occasion fr(jm the landing in the back harboiir. 1 think .some of tht! rough i;art of the way I had to assist him. I hadn't to, but I did assist him. On anotht>r occa.sion in Septendier or August la.st, there was an exc irsion open to the ]iulilie, given by (lie .")().")0 owners of the sailing paeki t lietween this and Halifax, (Captain IJunis). The excursion was out some eight or ten miles, catching fi.sh, and returning for a chowder in the evening. Mr. Murdock joined in trying to catch fi.sh, and all the amu.sements on board. He had his line over fishing. The greater part of us had our lines over fishing. I rcinemlier ihat on that ociasioii he pro- posed the health of the captain aiul owner and the success of the eiiteii)ri>e in which the ves-^el was engaged. I remember particularly his referring to Captain Young who had a share or interest in the vessel, and what he had done and assisted in building up the conuncrce of this port and the impetus r.i.. > :■■■ m 1 1^ !if I » 1 tv «•♦, 1)1, « • ' i V 1(»2 he had given to iigriculture, the tisheries and tiiule. He was out I know several times spending the evening during last Autumn. He went by invitation to spend evenings with different families in town. (Objected to as irrelevent.) He was at Mrs. (iaetz's and at the house of the rector of the 50(50 parish, and I met him at the Sheriff's, and spent the evening there last Autumn some time. He was out driving with me in December last. He was nt Hridgcwater with me in November last, distant lii miles. 1 know this paper produced, it is altogether in the handwriting of Mr. Murdock. I have'nt read what is on tlie back of this paper, but he handed it to me in July (paper put in evi(Ien(;(! and filed, endorsed " memo, of mortgage" and marked " No. 1." " G. l. S.") Mr. Murdock after re- turning fVom his visit to New Ross the end of June, told me that he would make out a statement of his mortgages for mo. Some time in July he gave me this paper stating that it contained a statement of his mortgages with the exception of one at Lunenburg from Mr. Mi.\ner. This paper was in my hands until some four or five days before the fire lie gave it to me as containing information and instructions as reg irded his mortgages in Halifax. He asked me a few days l)ef'ore the fire to give it 5070 to him, he Wiinted to nii.ke a copy of it. He had it till after the fire and I got it from him, he gave it to me after he had the copy of it made, I won't swear he made another copy of it, but he got it for that pur- pose and kept it until after the fire. All the writing in ink on that jiapcr is in Mr. Murdock's handwriting. Q. Ml'. Francis Morash referred to an interview by him with Mr. Murdock, and to Mr. Murdock sending for .Mr. Daniel Owen relative to the subject matter of siid interview. Can you give any information in connection with the matter, if so, explain, and had you any conversation with Mr. \[urdock on the subject, if so, what ? (Mr. Weatherbe objects to question on ground of vagueness and irrelevancy.) (Judge admits question.) A. After we went to reside with Mr. Mur- dock, Mr. Murdock informed me that Constable Morash had come there for rates or taxes. Mr. Mur-!r>-^!.;-' i 1 4>- » ■, ■ . 1 * , . r , .1.* 103 the conversation at that time as ipgiuds " handing over to nie " liad refc/cncc f-ntirely to this disputed bill, and in no way had rel ition to Mr. Murdock's property, 'i'hat I have no remembrance of saying he was a childish man, or an old childish man, and never intended to convey by any remark I made on the occasion, that he was childish. As he was not then childish and I have never known him to bo childish since or subsequently to that time. I meant previously or subsequently to that time. I have nothing further to say (Mr. Kaulback expl.iins that it was in reply to the clerk, who seemed to think I had not finished my statement The clei k said " yes " as he generally does when he is ready for me to go on with, the statement, and the words " I have nothing furibcr to sav" were merely to let him know that I had finished.j Mr. Myrer demanded by the order filtv-four dcllars and sixty cents (Objected to as irrelevent.) I saw the order, Mr. Nlurdock handed it to me. I 5120 don't know wh it became of it. This account which I hobl of .Mrs. Mef/ler's was rendered to Mr. Murdock about a week or ten days before Myier made the demand, and after 1 had written Mrs. Metzler in answer to the claim. (Mr. \Veathert)e protests against the evidence being read over to the witness, as he states it has been contiiunlly done.) (.ludge allows a portion ol the evidence to be read to witness.) (Mr. Weafherbe objects to the adnii.ssion of the account as irrelevent.) (The account marked "(). (i. l. S" put in evidence filed and read ) I, as the attorney of .Mr. Murdock, wrote a letter to Mrs. .Metzler in connection with thiit account, dated 4th Septendier, 1875, and I mailed it the Oth September, 187;"), to Mrs, Mct/lcr. The \)i\]H-f 1 put in the ofliee directed to Mrs. .Metzler is an exact copy of this paper produced. I can't say wliether I was alone when it was com- pared (.Mr. Weatherbe objects to reception of this letter as original, is not accounted for, evidence 5130 of mailing not sufficient, no evidence that the original ever came to Mrs. .Metzler and irrelevance ) (Examination in connection with the notice continued.) Q. J)(> you know that Mrs. Metzler received the diiplieate of this ? (Mr. Wer.tberbe objects that the question is leadii\Lf and that the only ui.xle of pr.)nf by adini.ssion nf .Mrs. Metzler of re- ceipt of original of this is hy proof of comparison of them. .\. I mailed an exact copy of this letter on the sixth of Sopt.MiibiM', 1875, on the trial of a causi' between herself ami Mr. Murdock in October last. She acknowledged the receipt of it. .Mr. Owen tenders the pap.'r. .Mr. Weatherbe renc'ws above objections and contends that the oris^iuai coiiid hive been produccid. Judge admits the letter marked " P. 2, G. T. 8., re.id and fil^ I .lu 1 p;iy i.i uvi I micj.) 1 r.-m 'niber Air. Joseph Outrani, Jr., being at Mr. Murdock'.s about the first of (.)et)b.(r, sliortly after .Mr. (,'harles Beamish .")I40 left, [in the last of SeptemberJ I read it, and 1 have no doubt but what this is the letter handed by Mr. Outram to Mr. .Murdock on that occasion. 1 hiv:; no doubt about t'.iat being tlie letter from the appearance and the .subject. Objected to as entirely irrelevant. Judge deci(h's to receive this letter. (Letter put in evidence read and fyled, marked " 11. 2, (!. T. S.) Q. Have you anything to state with I'egard to Mr. Outiam's visit and Mr. Murdock's health at that tinu'. A. Mr. Outram .seemed to urge upon -Mr. .Murdock, a renewal of the invita- tion to his father, as referred to in that letter, (.Mr. Weatherbe olijects to the statement of Mr. Out- ram as iri'elevant,) which ho appeareil reluctant to do. .Mr. .Murk some. J don't kiunv .">1.')0 whether whikey or .sherry. .Mr. Aturdock also took s(jme and J did so myself. .Mi\ .Murdock re- ferred to Mr.Outram's father. J^o not I'emember e.\.actly what was with regard to theirpastfrieiK'shij). tj. Was Mr. Murdock imbecile or chihlish on that occasion ^ A. In no way did he ap- pear cliildish or imbecile, neither by act, manner, or expression, did be indicate anything indiecile orchildi.sb. lint he was not very cheerful that day. J)itl not feel well. As regards his staiidng bis trowsers, I have never known .\Ir. Murdock to ba\e his trowsers staiiiecl from any weakness of nature. His weaknes.s was of a ditierent kind, iriitation of the bladder with a ditfieulty to make water. His person an I dress wms cle m on tliat occisi.) i as ir. ahvayi w.is. Aft m' Mr. Outram left Mr. Murdock stated to me that be reuuMubered that when he bad lived in the other house, lu- hail given the invitatiim but he wa.s circumscribed at the present time and could not continue the iiivi- .")l(iO tation. I never saw Mr. Outram there but on that one occasion. Q. With respect to the evidence given by Joseph Creighton, Thomas ( 'urll and Oeorge A. Ros.s, respectively, relative to evidence given by you in ihu Supreiue Court in the cause lietweeii .Mrs. Metzler and the late Beamish .Murdock, deceased, with regard to the licpior supplied by you * m ,-. ^; . 1 I "a* Mi " U' |::f ! ' . \ - * '** '' " ■ * «. 't ; ,'■<' '» f'h 104 to said l^t^amisli MiiidiK-k. State wliat yon know witli rc;;fii(l to *hv iniittcr, niul (•\))laiM, il" inocs- »ary, tlic t^viilciici.' icfcii'id to. (Mi. Wratlicrlir olijcct.s tliat (lir i'\|ilaiiatioii cfillcil foiliy tlir {|iic.s- tioii, is not ailiiiissal)l(Mn rviilfiici', and that t'lc witui'ssrs mentioned swoie tlmt Kanlluiek sup- plied two galluiis of wliiskcy a week tc Mnidock, etc., wliieli must either lie cont indicted or ftdniittcd.) A. I cannot rcnicnilicr thi' exact statement 1 made under oatliat the trial in ()ct()l)er. I state that I could not have made the statement as made hy .Mr. ( 'leij^diton and .Mr. < 'mil liecause .")I7() they are both inconsistent as to tlie facts, with leeard (o the liipior supplied. I further say as le- ;,'ards Mr. Koss's testimony that I may iiave stated under oalh what he lias ;;ivi'n in evidence in this cause, a.s its reconcilahle with the facts of ami re^^'anlini; the licpior supplied to Mr. Miirdock. For the facts (»f the liipior supplied are as follows, that tiie li(|ii(ir wasn't su])plied at any periodi- cal times, that is any special periods of time. 'I'liat to my •ciiiemlprance there was li(|Uor ;;dt in the name of Mr. Munlock, upon an a\eiaee i.\(.|_\ week or ten days aliout two e^ajlons, in a two yallon jn;^, which liipior supjilit.'d was to lie returui'd to me out of a cask to he ordered, which was oi'ilered and rt'ceived a few days hefon- the hiirnini,' of my pro|ierty, hut was never tapped. Mr. Uoss'.s evidenct' is not inconsistent with those fact.-. 'I'hat was the cas(! from the S|)i-ine' after my return from Ottawa in April or .May up to tln' date of my tire, •2'M\\ July, ls7.'. iISO (i. Was such the case after the file :' A. No. I siipplieil Mr. Muido(k with no liipior after the Hre,but in this way after 1 went to Mr. Murdiick's, some weeks J desired that tiiere should lie .some understanding' with rej^ard to tla; expt-nses of the house. I su'..,',:;(st('d to Mr. Murdock what 1 considered propel' to lie done, which was that he was to i|o any lejiaiis necessary to he done to the house itself, at his own expense. That I should ]iidvid(' eveiythiu:,' we reipiireil in tiie house. Mr. Munloek ai^'reed, with one exception, lie said he was not aware that he had ei,t, Ij. (pior from my house which I never chained him with, ami that he desired that all liipiors should lie supplied liy himself, at his own expense. We compromised liy haviiii,' it iindi-rstood that all liipiors, other than Rye Whiski'V, that I sup]ilied, and that he p,iy for aca-^k h them. His habits previously to the fire, were generally v(M'y good. I hiivc seen him on one, two oi- three occasions tlmt 1 '.lelieved he was slightly under the influence of licpior. I never knew him to leave my house under t'.a? influ- ence of liquor, and but on those two or three occasions when he came to my house I thought he was slightly under the influence of liipjor. I never lie.ird it stated tint Mi'. Mmdo'tk left my house from a party under the influence of licpior until .Mis. I'cck gave her evideuco, neilher did 1 know that it was the same night that there was a party at my house until .Mrs. Peck intnnated it. A few days be- fore the fire consumed my house, I was up at Mr. Murdock's, " lie ihcii stated he would be obliged 5'ilO " to make some change in his affairs that the money was going too fast from liim, that he had reason " to believe, that monev he gave .Mrs, Peck to get things for in tlie house! That she did not appro- " priate it for that i)urpose,f)ut got them at my house. That Miss Peck came there early that Spring, " sought for an asylum until she was married, which was to have been in a few weeks. He remarktjd "he considered her dresses, the way she was dressing, was at his expense. That she was extiavagant " in her dress, had a belt with a paiasol or undirella daiigling at her side," He I'elt surprised at the quantity of liquor that had been brought up to the house in his name, which she, Mrs. Peck, ac- knowledged, did not deny the quantity when 1 told her. He was worried lo know what he should I ■ ? m ■ n w U .^lr-7. '»■"«'■ ■f i •f ■< l\ m !l "^.■^i, ■i.*t*; .< }■ 10ft m^ M )220 OJiSO .'•240 do. lie tliiMi told me, iw ii neurot, how he had received the injury to lii-< rib. " Ho said he was " Ntoopiiig to take oH' his trowsers K'^i'iK f" '"'''i ^''"'^ '*''" stiini!)h'd agaiiHt hitii iiiid he fell agiii.ist " the stove." I knew Mr. Miiidock to fall in the garden some months or nioic after we were up there. I saw him lyin^ in the ^arden. I saw him when ho was hein^ piiked up. I s.iw him como in the honsi . lie said Ih' was stooping and that Ik; got di/zy and fell. He was working ut the time. 'I'here was no liipior or signs of licjuor on him. He lomjjlained of the weakntiss of his ankles. I do not nmemlu-r or call to mind that Mr. Mur of the cause of his leavin;,' Halifax and comin;f to Lunenburg' ; that he luul some unpleasantness and dis- putes in business with some of his relatives. Hy .some means he came to mention that (!liarle-( Jieaniish was no relation of his ; that in law his name was Laiij;ille ; that the father of Mr. Cliarlc's Reamish lived with a woman by that name, near Aspata;,'an. And he spoki- about the trouble lie had with (/barles Reamisli when he was a boy in Halifax ; of the cHorts he made to .i,'ive some .seml)laiice of le;,dtimaev to (!harles Rcamish, but be utterly failed ; and the searclie.t and inijuiries he maile oidy confirmed his illejfitimacy. On that occasion fin the summer of I.S7+j be .said that (..'barles Ri'amisb bad told him he hail to leave them in Halifax, and he came down ; that .Mrs. Beamish complaini.'(l of his bad habits and drinkine;. He said evidently tliey did not care about him ; ylad to makt' an excuse to ^'et rid of him. At New Ross fit was about 'W miles; we went in about .") or (i hours) he was very smart when he arrived there, .md he took bis leadiiie' i.art in all the festivities and e.iteitainnients of the visit. On the Sunday after the weddin;L,' fliiinif the day followine; the weddin;;) he walked to church, about a mile. I do not know whether be walked back or not ; he may have done .so. In the afternoim our party, includinL; Mr. Murdock, was in- vited to Mr. Pratt's, a mile distant. Mr. Murdoch walked to the lake, just a roueh cow path, through pastares, when he took a boat find cros.sed the lake, and walked up a very rough j)astin'e to Mr. Piatt'.s. At the repast, after the wedding, ho took a very leading part in the sentiments and toasts given on that occasion, and had a long argument — a discu.ssion occupying an hour or more — with Revd's Moon', Kllis and Norwood. He (litfered with them on some doctrinal points of the CInnch of England. It was a long, and very earnest discussion and argument, in which Mr. Murdoch evidently, from his premises, arguetl vtry logically and clearly. I may .say that I con- sidered he ha0 .■■)2r)0 f iT-fl ¥■ ■I i •> . • ( >.' ■ «• 111 >* * .t < ' -A^ :* Si* « i^tl 100 table. At their joint instance and re(|ne.sfc, I took tliat assif^^nnient to niy uttice and made out from it an assignment to Mr. Miirdock tV jni IJeamisli. Tlie amount of assignment from Beamisli to Murdock was !?.S4(), beside some arrears of interest. Late in tlie afternoon, I think half an lK)ur hi'fore twilight I returned to tlie liouse. Mr. Munlock and Mr. Beamish vere .sitting in the pai'lor, round the table, alone, a nundier of papers and ])cn and ink on the table, some; calculators al.s.). One remarked they haf the ori^aals from which these are taken were in. Mr. Mur- 5280 dock (explained the nature of their setth'nient as coiitaineil in these statements, and spoke about what he (Mi'. Muidock) was worth. Mr. ]\Iurdoek stated tin- certain smn he wjis worth, less my demands against him, and a small mortgagt,' in Halifax. Mr. Beamish approved of it, and said it was right — that there was nothing else against Mr. Muiilock. There was tlifU some consideration lietween them as to how these papers should be signed, ami who should hold them. At last Mr. Murdock proposes that a copy should be made of them which Mr. Hcandsh should sign, iiiid that he (Mr. Murdock) should sign those then before u.s. Mr. Murdock then re(|iicstcd my daughter to make copy of the papers, wliich sin; did, and these are the copies which Mr. Heamish subsecpiently signed. Mr. Murdock signed the (jther (the original). Mr. Murdock on that occasion explained thoi'oughly all that is contained in these accounts. There was a balanct; then of i?l(i.S.+() coming from Mr. Beamisli to Mr. Murdock, agreeably to the .settlement ami statement they had made. Mr. Beamisli .')2!»0 was about paying that over to Mr. Muidock, when Mr. Munlock re(|Uesteii me to take a pii'ce of pajier and write. He told mo ju.st to put down what he said. 1 did so. Mr. Murdock reminded Air. JJeamish of one or two small amounts he (Mr. Miiiilock) had to ])ay for repairs of a watch and some telegraphie charges, and several other items, and which Mr. Murdock suggested should be deducted from the SKj'i.4() due him from Beamish. This is the paper 1 wrote at .Mr. Murdock's reipiest. I wrote what he told me. Mr. Beamish was present. He told me to put down " watch repaired. !?2..")0," to pay Mr. J. W. Johnston. Mr. Beamish then suggested he should pay Mr. James Thompson, for transfer of mortgage, .S').(M). Then there was share of costs in Canada suit; a cliarg(; against Mr. Murnce. The Judge rules this paper out.) I state that I did not see this pa]ier again until .'iii,'('i1 to Mr, Murdock : tliLTe bi'inj; nothing to sliow tliat it l)fl(in;,'tMl to Mr. Murdock : Mr. Murdock liavinj,' missed somo paper, which showed wlio it lielun^vd to. from liis trunk, after Mr. Beamisli's hist vi- sit. That thousand doUars was settled by the .s>i4>0 assignment and tiie cash on tlie (hiy of tlio settlement referred to, (13th December, liS7'>) as sh(nvn by the statement. I remember Mr. Beamish beinj,' down tlie hist of October. Mr. Tobin was witli liim. lie Jlr. Murdock was very mucli op})osed to the visit. If I am not much nnstakeii he asked liim wlint brou<,'ht liim down, he said to brinj;' some money, and Mr. Murdock askeil him if he could not have sent it by P. (). Older. 1 am not sure this was on that occasion, but I tliink it was. Rev. ^Mr. Nor- wooil and Mr. Ro.s::, were there from Mew Ross, at the same time. I know that when it was said Mr. Beamish was cominj^ to the house, befoi'e lu' arrived at the house Mr. .Mindock at once said he (lid not want to see him ; in fact declined seeing liim. He did see him. I think I advised him to see him. 1 think some pm-son else advised him to sec him, as he had come from Halifax. I can- not say exactly what the words were, but he was very reluctant to see him. He (Mr. Murdock"! manifested at the time an inditierence to Mr. Beamish l)eini;' there and doiui;- anythinLf with him. I know I was in the room when Mr. Beamish paid Mr. Mur(h)ck some momy. ()n that occasion Mr. Muidock handeil it to me and I counted it. He handed it to me I presume to count. 1 hav^- a very vague remeudirance of the counting of the money, but I know I had it in my hand at that time. I remember Mr. Murdock putting it in his drawei', and I remember him afterwards taking it from his drawer .and putting it in his trunk. 1 infer it was the same money. I saw him take it from the drawer and put it in his trunk the sami- day. >Some ijuestion arose about the interest. I was asked to calcuiati; it. I think Tobin got into tlu; calculation ultimately. 1 infer fiom my counting the money on that day that Mr. Munlock's sight was worse than usual. His sight was worse some days tlian others. I do not rememb-r remarking particularly about his siglit. I say that what Mr. Tobin .said with regard to Mr. Murdock's appearance on that day is totally false. Q, Was Mr. Murdock capable of doing business on that occasion and did he know the nature ot the business in which he was then engaged ! A He thoroughly knew that day as every day, what he was about, and what the business was. Any infirmity at all, that day or any other day, was his sight. I never knew a day that he could not attend to his business unless he was sick. I never knew him to say a foolish thing or do a childish act, and at any entertainment at my house I was glad to have him there from his powers of conversation and amount of pleasure he could bring to the entertainment. This was apart entirely from my own personal feelings towards him. I never addressed Mr. Murdock in a bullying or disrespectful style in my life thct 1 remember, and there was nothing occurred that day (of Mr. Beamish's visit in Octobcr)to cause me to nuikea remark inthatway. Q. Did Mr. Murdock go to Halifax in the Spiing of 1874 to reside there, from any misun- derstanding with you as stated in effect liy ^Ir. Beamish, and did Mr. Murdock give you his reasons for going on that occasion, if so, state what they were? A. I am fully satisfied that Mr. Murdock (lid not leave Lunenburg in the Spring of 1874 owing to any mistniderstanding with me. There had been no misunderstanding or dispute. There had been some ])revious misunderstanding with regard to a confession of judgmeiit which was satisfactorily settled to both parties. O i the contrary, I believe, that our residing in Lunenburg, and his intimacy at my house made him very reluctant to leave Lunenburg. I further say that Mr. Murdock and Mr. Beamish both told me that he (Mr. Murdock) was urged and prevailed upon to go to Halifax by Mr. Beamish I have other reasons for knowing it. Mr. Beamish, iu the early part of 1874, met me at Halifax on my way to Parliament, and asked me if I would not take back (Mr. VVeatherbe ob- jects to any conversation of Mr. Beamish as irrelevant.) (Judge admits the evidence,) the real estate purchased by Mr. Murdock in Lunenburg, at what he had paid for them, less a thousand dollars. He was very urgent that Mr. Murdock should return to Halifax and live with him. He either stated that he had purchased or was about purchasing or getting a house of ample accommodation sufficient to take Mr. Murdock in. I asked him if he h.id authority from Mr. Murdock to make that offer. Ho Siiidno, but he thought that we might accomplish it if I was willing. I told him I would not be a party to it that the property was worth all Mr. Murdock had paid for it, and it .ould be got, and that I would not consent to do such a thing. He urged it on me, and I said '* all I can say is, if Mr. Murdock writes me a letter himself at Ottawa, I will consent to it." When at Ottawa I receicvd uMm .,♦>_ ).S4() .-):}.-)0 i. 5360 5370 5380 \ -H « r ii. I* 14 • 1' ■ 1-'" [ ->■ *^- ^- -.yi • ' ' )ck then suggc.xfed or said that he would sit down and draft an address if I would have it engiossed, and get it signed, and that I should go to the Bay to intercept the Governor and bring him to town. Mr. Murdock drafted this address in my oflice on this paper. This is the draft, it was engrossed, and this very draft ] took to Mahone Bay to tell the Governor what had l)cen done in Lunenburg, and the disaj)|)ointment that would exist if he did not lonie to the Shire Town. I nnss(>d the Governor by some quarter of an hour, which 1 was too late. He had passed through. I lelurned this draft to Mr. Murdock He had no assistance in preparing that draft. I took it uj) and read it over and made these 5410 interlineations, he consenting to them. It was done very hurriedly. Q. State what you know with regard to these letters. (Mr. SVeathcrbe objects on the ground that no question can be askud with regard to those documents until this haiul-writing is proved.) Q. Have you had any correspondence with T. B. Aikins previously to date of the letteis above reierred to or subsequently? A. Yes, I have had communication with T. B. .\ikins since the dates of these letters. I have had corre.-poudence with T. 1?. Aikins M'ithin tl e la.st three months, to which first letter I replied and got an answer to the subject of my re])ly, and ('Mr, Weatlu^rbe objects to any comparison without producing the letter.) Judge admits the evidence. 1 have not the slightest doubt about these letters, both of them, being in the hand-writing of Mr Aikins. 1 have seen documents, authenticated documents executed by 'J'homas B. Aikins witiu'ssed and proved to 5420 be his writing by form of law. I further say that from the period of Mr. Murdock's first coming to Lunenburg, up to the time of his death, Mr. Aikins and Mr. Murdock were correspondents. That 1 have seen many of Mr. Murdock's letters to Mr. Akins, addrcsscnl to Mr. Aikins, and seen the re- j)lies to the subject matter of those letters, from Mr. Aikins, and Mr. Aikins' signature to those letters cirrcsjionds to the signatures of those letters in my hands. And I am fully satisfied and believe, and have not the slightest doubt but that these letters are in the hand-writing of T. B. Akins. Cross-examined by Mr. Ross, — I do not know where the letters are I received from Thomas B. Aikins. I searched for them in the jilace where I supposed them to be, and they can not be found. I am sure I received two letters from Mr. Aikins, within about the last three months, he asked me to send him some letters 5430 and papers of Mr. ilurdock's and several books of Mr. Murdock's, but I answered him I had no power to send them. I will not swear positively to more than two letters addressed to me by .Mr. Aikins, there may have been three. The subject matter of the first letter from .Mr. Aikins was with regard to a French book of Mr. Murdock's which he wanted me to send u\) to him, (l)eny's History of New France or Acadia, I think it was.) I think the letter also referred to two books of the Wcnt- m > ' , ir' It '■'k- ■*•.■■ ' -^K ' -•■ ^^-i '., '•■'' ^. *. '-i .■■ ■ ^ "* ,. , -.- * .^ i.f * ,*j >.j. 10!) worth family, and, I am not quite as positive, but I think it was also with regard to some family letters. I think there was nothinj^ else in that first letter. I replied to him saying tliat the French book, I thought, Mr. Murdock had sent it, but I would make further inquiries in the matter, both here and at Fishwick's Express in Halifax. I think, with regard to the books of the VVentworth family, that 1 stated that it was Mr. Murdock's intention that they should go into his hands. With regard 5440 to the family letters, not being positive that his letters referred to it. I cannot siiy what my reply was, if any. This covers the contents of my reply so for as my memory serves me. Mr. Aikins' second letter to me was in reference to same matter. I think it was lepeating his desire that I would forward the books or letters and referring to my remarks on the subject in my former letter, and stating, I think, that what he desired to have, have no connection with Mr. Mur- dock's property, and that I might have sent them, and that my reply was not satisfactory. He did not use those words, but that was the inference I drew from his letter. He urged the request of the first letter. My impression is that I replied to that letter, just answering what, was in his letter, and that I would be glad to do whatever I could in furtherance of his wishes. If any Much reply was sent, it was of that nature. (Letters from T. B. Akins to Beamish, Murdock, dated respectively, 5450 December 23rd, 1875, and January 1st, 187(5, marked " X. ii', G. T. S." and ' Y. 2, G. T. S."," tendered in evidence ) (Mr. Weatherbe objects to these letters being evidence on tlie ground, 1st. Irrelevancy. 2nd. Nothing written, by Mr. Aikins, at the time can shew anything as to the charges in the petition. 3rd. Any opinion of Mr. Aikins, if evidence, must be obtained by calling him as a witness and swearing him. 4th. That its quite possible, even in the opinions expressed in the letter, that he was deceived by the letters to which he purports to reply, as Murdock at the time was blind, and the very question to be tried is whether he was not under the influence of respondent.) Judge admits the letter in evidence. Q. Did you in any way influence, or had you anything to do with littcis written by Mi\ Murdock, or by others at his dictation to Mr. Aikin or Air. Charles Heaiuisli ? A. No. I never 54C0 influenced him in any letters or communications with any body, neither ilid 1 know the contents or subject of any letters written by any person at his diivetion, I'xcept it may be on one or two oc- casions he told nie he bad written to paities and told me the natuiu of the letters. I have seen him writing lettei's in December. I remember one day be told me he was writing to Mr. Aikins (in December). He spoke about forwai'ding some lK)oks, or a ])areel, to him. I saw him writing in January of this year, It is not corri'ct, as Mrs. Peek stated that Mrs. Kaiilliack, Mr. Murdock and I were whispering together as to how be would get her (Mivs. Peck) out of tlu' house. 1 had no plans or purpose about getting her out of the house. We had no wiiispering; but from my know- ledge of Mis. Peck, 1 had a conviction that she would not suit Mrs. Kaulback. Mrs. Kaull)ack would not tolerate her. .")470 Q. Mr. Beamish in his eviilence stated that you said to Mr. Murdock " you know that I lent you S8o0. Mr Murdock said 3'es in a subdued ami childish voice." Did Mr. Murdock reply to you in a subdued and childish voice ? A. Mr. Murdock never spoke or replied to me in a sulidued or childish voice, neither did I e\'er h(!ar him reply to any one; in my presence in a subdued or child- ish voice or manner. I remember going iji the, room one day, when Mr. Beamisli and Mr. Mui'dock were present, and Mr. Beamish, in Mr. Alurdock's presence toM me that Mr. Murdock confirmed the remark 1 made with regard to the amount of money be owed me, $H'A), I think, and Mr. Murdock also assented. And I remember Mr. Muidock stating the sums of the notes of hand which i)rought it up to that amount. And I remember .saj'ing to Mr. Murdock that he owed me something more too, I forget what it was, some bill I paid subsequently. My impression is that this was the time 5480 Mr. Beamish was down the latter part of September. Mr. Murdock, at the time he came to Lunen- burg in 1872 and previous to that, liad a peculiar walk — ^a shuHling. I think when he first came down he told me the complaint was in his ankles. There was a tendency to swelling in his ankles. He .showed me the enlargement in his ankle. I observed it before he camt; to Luiu'nburg in 1500 ence and respect for his opinion and judjj:ment, that is, in all matters winch a man Ined in the way lie was, as a lawyer and literary man, and mattei's of common sense. Q. How was he mentally at the time of dictatinj,' the draft of his last will and testament; about first of November last, and on the day of his yiving Mr. Solomon insti'uctions respecting,' the will ; and on the day of the execution of his said last will and testaii.ent in N(jvein))er aforesaid ? (Objected to, as opinion.) A. I can speak of those days, as I I'emembci' them particularly. I had conversation with liim on those days, and I remendjer his si<,dit sometimes was dim, and on those occasions was good, for I saw him read on tlie .lay on whicli he had the draft of his will l)ef()re him, the tir.st part of Noveudjer. t saw and heard him read from it. On the Sunday l)efore he made his will, I remember particularly, he was well and his siglit was good. I saw him write on 5510 that day (Sunday), and I remendjer the following morning when he gave me directions. Tie again remarked how well he saw that morning (about !) o'clock). Then I saw him that morning, after 1.1*11111 r5\ / O' tile will had been executed, anfini,'introilncril ."),").")() to Murdock in Lnnenhurg. No introilnetion was n'(|iiired. Can't swear to what I clon't nineni- ber anything ahout, if there had heen a formal introduction I would hav(! remendiered it. QncHtiov. — J)id you not sell the property, which Mr. Murdock purchased from yon in I.s72. to Mr. Mur()() premises. When I .say none, I mean I say none. 1 swear that he did not spend a larnHs amount of money on the property in repaii's. I saw no n^pairs. QucHtiov. — Will you .swear that- property had not gone uj) a great ileal in liUnenl)urg between the time lie purcha.sed it and sold it ? Aiiitwet: — I say that I knew and believed that real estate was going nj) and would increa-e in value, when I bought the property. Property went up very much from the time I pun-has il to the time he .sold. But that was my price on tlit; property from the time I purchased f.'ii'l.dOO.) I had no other figure for the property. There was a day or two elapsed between the time that I named my price and the price I paiil for it and the time he pureha.sed it. 1 asked no ]aice of any body but sixteen hundred dollars, and that's what Mr. Murdock gave me. When .Mr. Mur- .').'>70 dock came )>ack to Lunenburg the second time, it was about the last of August, I have no recoUectifm of meeting him anywhere else, first when he came back, except at my house. He went to King's Hotel when he came back at this time. He lived there until he jmrcliased tin- place. It nuiy have been si.\ or .seven weeks or two months. I have seen him al King's Hotel prol)ably during that period. Can't say positively. During the six weeks or two months that he lived at the hotel, I saw him nearly every day at my house. It's probable T Mt-iit home- with him at night to King's Hotel on si-veral occasions. I'll swear that 1 never left my house with Mr. Murdock in liquor, anyAvhere. And I havt; no remendirance of going to King's Hotel with him when he was in liquor. I'll swear to nothing more than I'vt! already sworn on that subject. I have not a very distinct recollection of my fir.st interview with Mr. Murdock aftt-r his return .').")iSO from Halifax; but I remend)er the first Cf)nversation I had Avith him. He told me he had (-oini! back to make his permani-nt residence in Lunenburg. That he regri-tted he had left it, oi- been prevailed upon to leave, and gave me vaguely to understand why he left Halifax. He said the atmosphere of Mr. Ik-amish's house was not congenial. He may have said other things in that conversation, but I can't recolle(-t anything else. I knoAV that a .short time after, or on that day it may liave been, it Avas about that time hi; exjin^ssed a desire to come and live Avith us. I may have .said that it Ava.s the same day in my direct examination. Qnestiov. — Have you a recollection that it Avas the same day ? Answer. — My impression Avas that he did speak .about it on the .same day, and he sidi.se- (piently spoke about it again. .").')!J() Question. — State all that you recollect he said on any of those occasions ? Answer. — I'a'c already .stated the .substance of Avhat he did say on my exandnation, the AA'ords I can't give. But I remember my reasons expres.sed Avhy I did not take him in the hou.se. My reasons Avere that he had his set AA'ays and probably nnght not conform to the rules anil order of my house, and that I couhln't take him as a boarder l)ecau.se a person in my ]iosition should not take boarders or lodgers, because it Avas not my business, and I Avould not take any [lerson in my house for pay. Besides that I told him that he AA'as po.ssessed of jiropeity, and it nnght be inferred if I took him in any other AA'ay, — it might be inferred that I took him pun-ly for the purpose and Avith the motive of getting his jiroperty. l| ai ,.. » '►., i' ": '4^ y :'l:, r»* 2.** Li* , ' ■ — Ill h. Mr. Muiiluck wns lint sick a >,'rcat ]iiirt (if flu" fiiuc Fnun Srpti'inlici', I.S74, to tin- tiiiic nf .'i(!00 Mm (lentil. It is imt iiossiiilc tliiit lie cuiiiil liiivc liccii sick witlidiit my kintwlcil^'c. Mo was iint niliii;( a ^^iciit deal, lie wa.s not ('()iii|ilaiiiiii^' a cntisidcralilc ixirtion of tlic tiiiic Qiifsl'inii. -A want ymi to state all tlie iierimls Mr. Miinlock was sick, .•iiiHiTiii^^or coiiiiilaiii- in;,' fi'oiii ill lieallli t'l'mii (lie fall of IH7I- up to the tiiiio of liis deatli. AuHiri'i: — Tlie Hist recollection I liav(^ (»f any illness or coniplainin^'oii tlie part of Mr. Mnrdock from tlie snnimer or aiitmnn of IH7I', lie tirst coniplnined when lie was at Kin^^f's liotel, after his return from Mr. iieamisli's. lie was sick while hoardiii;,' there. It was in Septeiidier or Ot'tolier, I.S7 I-. 1 don't think lie was sick Ion;,', only a few days —a sudden illness, and lasted Imt a short time. I may not have iieeii at home. I don't reiiienilier ;,'oin;,' to see him. I reiiiemlier that lie iiienti()iie(l to tiiu that he was sick nt tlin hotel, and I have reason to lielieve that he was .'itiJO sick at the hotel. I scrv .s('ldom was away more than a few days at any time. I don't know whether or not he had tlie doctor at that time. The ne.\t illness wius a Imikeii rili. 1 heard of no sickness or compliiiiiin^' of ill health hetweeii those times, lie could not have lieeii compliiinin;^ or siitleriiii,' or laid up lietweeii the time he was sick at the hotel and that of the hrokeii rih without my kiiowiii;,' it. The Doctor may have lit.-eii to see him diirin;,' that period, - Dr. Jacolis was his Doctor from thi' time he came here. It is jnst po^siMe that he may have come to see him as to his health. Doctor .lacolis was very intimate with Mr. Mnrdock, and freipieiitiy ;;din;,' to his Ikjusi- ; lint I do not lielieve he coiild he specially calleil in without my knowledL,'e, Imt it is just possihle lie may have 1 n. Mr. Mnnlock was laid up with the ludken rili in l'"eliruaiy, ah. it a week liefore I left for ()tlawa. I can only state from letters from home, and from Mr. Mm ' . .'i(i2() how loll;,' he was sick mi tluit occisinn. I know Mr. .Munlock wrote me alioiit three weeks n ,- I ;,'ot to Ottawa, sayiii;,' he was convalescent. I think he was sick alioiita month on this ocea- n My impression is that he was not in lied more than four or Hvo days. Ho may have lieeii w, ,i .some weeks liefore I ^^'ot the letter. There was no sickness to confine him to the house fi-oiii tlm time 1 returned from ()ttawfi. in the Spiiii::,' of In7'"i. In Septemlier Ik' was suHeiin;,' for a few days. J5etween the Spriii;; of liS7') and Se[itemlier, if he had lieeii sick 1 wouhl have known it. 1 do not know that he was, Qitcntidii. — Was Ik; not complainini.' of a ^Teat deal of ill-hcaltli during that period ? Aiixn'n: — No, on the contrary, he was always ready for any excursion or amusement. GemTally speaking, during that jieriod he }iiaiiitai^ie(l his cheerfulness and activity. Aliout the .')(!.'{() lost of Septemlier or 1st of Octolier, after Heamislis visit, he was .sick. (That is tho period I referred to as to iiis heiiig sick in Sejiteiiilier.) He was confined to the house for two or three QunKtioi). — Was he seriously ill on that occasion. Aiisircr. — No. l>ut he gave us one reason, ( 'harles Heaiiiisli's visit. Hewns complaining of lieing Avorried and annoyed liy Charles Heamish's visit. Ho did not give Charles Beamish's visit as the reason for his sickness. He did not attrilmte his illness to any particular cause. It was nothing iii'ire than a little derangement of his .system. There was no .serious illness of Mr. Mnrdock from that time until Decemher, that I reiiicm- lier. Aliout the end (jf Octolier, Charles neami.sh was down, and Stephen IVami.sh was down a '>M0 few days afterwards, or liefore. After their leaving, Mr. Mnnhick comiilaiiied of heing worrieil liy his relations. He complained of the annoyances these parties in Halifax caused him ; and he was indisposed for a day or so. I can hardly call this an illness. I can't reiiiemlier that ho was confined to tla; house. I don't think he was confined to the house at this time. QiK'sfioH. — Was he confined to the house after the time refcircd to in your direct oxaniina- tion, — that he was confined for two oi- three days in Septemlier ? Aiixi''ci: — The time 1 referred to in my direct examination, that he was confined in Se])tcni)ier, was the latter part of Septemlier, or the first part of Octolier. It was sulise(|uent to a visit liy Chailes Beamish. The next slight indisposition was after a visit hy Charles Beamish and Stephen Beaini.sh, which was aliout tlie end of Oct(jlier. He was not ill in November, nor ."itJ.'iO confined to the house in Novemher, the month the will Avas made. Qujjslion. — Was he confined to the house once or twice jirevious to the illness in Septemlier? Anstci'i: — I can't .say that he was confined to the house on either occasion, either the last of Seiiteniber or the first of October, — or last of October or first of November illness. It was «i" K.W'- m W' t» • .''> !*■ i:«%^ 113 not of surtiricnt importaiu'o for iiu' to call it sickness. I mean l>v tlic word "in\aliilc(l" in my «liroct examination, that lie was not out or alioiit as nsual. I can't swear tliat lie was ni'ccssarily confined to the house on those occasions. I know of no sickness that necessarily confincst severe illness,— after the visit of the one Heamish, or that of the two Heamishes ! M'M) Avsiver. — 1 can't make any comjiarison, as the indisposition was so sli^dit. If he was ill at all in Novenilier, it was the lirst part of Novendier. lam almost positive he was not sick after the r)th or (!th of Novemlier. 1 am (jnite positivi' of it. lie was not indisposed more llinii a day or day and a half after the visit of the two Meamishcs. 1 know he felt a p'cat relief at their j^ettinj,' away from liim. He i^ot sick while Stephen Heand.sh was in LunenKur^f. lie complained while lie was here, how he was worried witli that man. It continued a day or so after he left. It apjjcared to he more from the insults and annoyances he sustaiueil from their visits. Ho was not complaininfjf more than two days after they left. There was no other illue.ss till Dccenilier. I cannot say Mr. Murdock was confined to the house from the time 1 went into his house down to Decemher. And he had no serious illness duriiij,' that time. His illness of .")()70 Decendier was serious. He was not seriously ill more than two or threi^ days in Deceuiher. He recovered as well as ever hefore Christmas. He was at the dinnt'r tahlt! with us Christuias, ami enjoyed him.self. He was as well as ever after a week ; and after that wa.s as well as e\-er until 1 loft. Durinj^ the Decemher illness he appeared to he inseiisihle for foin* or five hours. There was general depression of hody and mind for the time. The Inain was aU'ected as well as tlie body. I don't know that it was particularly the hrain anymore than aiiy other part of the system. Qiu'stlou. — Did yoin* daughter write that paper marked No. i, li. T. S., which I now put into your hands, and sign Jieamish Murdock's name to it I (Mr. Owen ohjects as lieing irrelevant and not pertinent to the issue and not e\ ideiice.) .")(i.S() ybf.s/cc-r.— Yes, I lielievo ,she did ; it looks liki; her writing. She is one of the legatees under the la.st will. I'm not aware who conducted his corri'spoiidence for Mr. Murdock afti-r his sight became iui])aireil. He told me that my ilaughter Edua did -that is when he couldn't write, or did not feel disposed to do .so. Qiicsfiini.' On the 12th Jainiary, lS7<),was Mr. Beamish Murdock, the deceased, recovering from paralysis of the hrain ? AtisH'o:- — Mr. Beami.sh had recovered from paralysis of the hrain hefore Chiistmas. lie was up on Christmas day and took diinier with us. (Jiirsllini. — Was Mr. Beamish Murdock, on the l.'Uh .lanuary, meiuling from an attack of ])aralysis of the hrain, as is stated in paper No. I, (i. T. S., now presented to you, written liy your daughter ? (Mr. Owen ohjects on i^roini Is of irrele\ance, and that tlie paper writing referred to is not evidence.) Ansircr. — In the iirst place, 1 cannot swear tliat he was sick w ith paralysis of the hrain. Ho was recovering before Christmas, and took clinner with us on that tlay, ami was not sick or confined to his bed from that time up to the time I left. 1 have not the letter to which pajier No. I is the reply. 1 don't know that there was a present accompanying the letter to which tiiis is a reply. I don't remember of ever seeing the letter (pajier No. I, (i. T. S., put in and tiled subject to the objection). (2'(c.sl'/(>H.— Do you know of your daughter having written a letter for Mr. Murdock to .")7()0 Charles Jieami.sh dated 2!>th Novend)er, IS".') :' Aiisircr. — No, I do not; 1 know of no answer to thai letter of Novendier 2!lth. I don't know that I have any letters from Charles Beamish to .Mr. lieamish Murdock after Novendier 2!tth, 1(S7."). I have not searched. 1 received some notices to produce and merely glanced over them. I cannot say that I have searched among the j)a])ers since I received the first notice to l)roducc. I don't remember seeing any letters from Charles Beamish to deceased among his effects. (Mr. Owen objects to any evidence with icspect to any jiaper wiiting referii'd to dated Noviinlier 2!>th, I.S7'), the same not having been jimven ; and also on the grounds of iriejevancy.) #• 1, '■ ' i % id! 10 _at ^E' Kf t ^»<\-^ b3w'' K'*/* ,1' M4'' *' '\ <•■ ■■>v (*• ■«^^ 114 » I lielievo that paper to lio in my dauyhtors hand-writing, tlie whole of it. I nt-vcr wrote .")710 any letters myself for deceased, and 1 lii'lieve nohody else did hnt my daughter. I j)resume .shcs wrote what she was told to write, lint J say I never knew to whom she wrote, or the nature of the letters. I never oncpiired, and she never toM me, and 1 never enipiired. (Paper No. 2, (J. T. S., ])ut in and tiled.) Mr. Owen olijects, it not having heen proven that said letter was written by Mr. Murdock's directions and forwarded to Mr. JJeamish ; and, also on the grounds of irrelevancy. Qaentli>n.--ln the face of this Iftter written in your daughtei-s hand-wi'iting, while Beamish Murdock was Mind in your lunise, stating that on the departure of Stephen JJeamish, which you, yourself, have proven to lie the last of October or tirst of November, he was taken with a deadly tit (/f illness, worse than he had ever felt in all his life, from which he described himself, by your .')720 daughter's hand, as slowly and gradually recovering on the 2!ttli November. I ask you whether he was not laboring under that deadly tit of illness on the loth November, when the will was executed ? Mr. Owen objects to the question, being a trap cpiestion, witness not having stated Mr. Murdock was at any portion of the time referred to laboring under a deadly fit of illness ; and also on the ground that the letter referred to is not legally in evidence ; and also on the ground that witness has not stated that Mr. Murdock was blind during the month of Novendier; but on the other hand, that his sight was particularly good at and about the time of the execution of the will, on 15th Novemb<>r. Arim'e)'. — I .state that he was not laboring under a deadly tit of illness in November; ^TSO that the temporary sickness or indisposition at the time of Stephen Beami.sh's leaving Lunen- burg lasted about two days, and that from the time Mr. Murdock placed a c'raft of a will for me to copy, about the first Y>a,vt of November, up to and beyond the time of ^he execution >,f his Avill on the l.')th of November; that he was perf-ctly well in ml.i ' and body, and that during that time he was at BridgcAvater with me. About ten days elapsed between the time of his giving me the draft to copy and the execution of the will. He was not sick at the end of August. Que/itior.. — \\>s he as well at the time he gave you the draft of will to copy, as he was at the end of August ? Ans2vc)\ — I can make no comparison between August and November, only that he was .■)740 well during that time, except at the periods I have mentioned. He was well at the end of August. I don't know whether I was home the beginning of May, or whether I had then returned from Ottawa. Mr. Murdock was at my house to receive me when I returned from Ottawa. Papers from No. 3 to No. 14 inclusive, are in Mr. AFurdock's hand-writing, and signed by him. (These papers are now tener, 1!S74. 1 never said Mr. Murdoch, abu.sed Oharles Beamish's family ; but that they abused him in the manner stated in my evidence. Mr. Murdock's memory was always very good. Qacxfion. — Was Beamish so weak on the 24th of June, 187"), that he C(mld hardly walk ? Ansurr. — My impression is that about that time he went with me to New Ross, and was not feeble or sick. Qiicntion. — Was he very weak on 24th June, bS7"), from sickness and injuries, that he had to Itear from September previ(jus > Mr. Owen objects, on the grounds that it is a trap (picstion, and also on the ground of witness tiot being an expert or physician. .')7()0 AuxnYi: — I am not aware that he was sick in September, 1874, previous, and theiefore can't say whether he was suffering from any sickness. I sa'v a good deal of him in Juni'; he was \ery industrious in his garden in June, and in my garden, and that he went to New Ross with me about 24th June, when he did not .show any indications of weakness. I know of no ' .">f ■ #' -...'> f'4 ■ Wl iS »' * fi* N>. .1 '» ,t, J* ' t, '<( «.'.-^ S?i^» iilV'' t 115 m sickness in August. I believe he was (juito \vell at tlic end of August. I don't remember liis l)eing sick the end of Augu.st. He was not confined to the house. Qnextlov. — Was the deceased mucli impaired in bodily strength when he made the third will of 27th August ? Annwcr. — I'd say no. Question. — Was he as Avell when he made the fourth will on the l.')th November as when .")770 he made the third will ? Answer. — I can make no comparison between 27th August and 1 ')th August ; but I say h'-. 5S> \ •* > ■• j-n^,' ■. •■-■' N ' ■♦.*«, f ^. ik; Tl that, Ity tliC chiinnoy, there is a space for trunks ; tlien outside of that, the larger portion of the 5820 up stairs is an open space, wliicli I call a room, in which there are beds. Both places are used as bed rooms. Probably Mr. Murdock did consult Mr. Johnston with regard to the suit, Metzler against Murdock ; I believe he did have conversation with him about it. The claim in that suit was, I believe, entirely for li(|Uor alleged to be sold by Mrs. Metzler to Mr. Murdock. Mrs. Metzler kejit a tavern at the time. Mr. Munlock did not admit that he had got thirty dollars worth of liquor ; he said that it was enormous, but paid thirty dollars in full. Qucntion. — Did Mr. Murdock not take from Mrs. Metzler a receipt for thirty dollars on account i (Ml-. Owen objects on grounds of irrelevance and also of its being p\it for other purposes than in connection with this suit.) ') j^'ivini,' of the li(|Uor, and therefore, so far, is incorrect. .")1S,S0 Question. — I now reail you these words from Mr. Ross's testimony of your evidence en that trial. "He said that he had lieenin the haliit of suiiplyinj,' Mr. Murdock with ahout a coujile of gallons of whiskey I think, on an average per week," and I ask you is that part of his evidence true ? A)i8ice): — 1 would like to know whether this (juestion is .seeking an answer as to the fact of how much licjuor was supplied, or whether it refers to the exact words of the statement made hy me on the trial referred to. Qne.ition. — I ask you again, is that part of Mr. Ro.ss's evidetice of what you .said on that trial suhstantially true ? Ansiver. — I've already .said I do not reniemher what my evidence wa-s on that trial, 'lut I r>S\)0 don't doi:bt the evidence of Mr. Ros.s on that point, as its reconcilalihi with the facts of the giv- ing of the ji(|uor. Question. — Did you not say in your evidence on that trial, that you supplied Mr. Munlock with a couple of gallons of lifpior Aveekly, or words to that eti'ect i Avswer.^l'yti already said I do not rememher what my evidence was on that trial, hut I could not have said that I supplied him weekly with two gallon.s of liipior, as such would not he consistent with the facts. Questiou. — iyu\ you not on that trial swear suhstantially that yon had hcen supplying Mr. Murdock with a couple of gallons of liipior eveiy week, or with ahout a couple of gallons on an average per week, or words actually or suhstantially conveying that meaning. 1 want a direct .')!*()0 answer ? Answer. — I would like to .swear yes or no, hut I can't, as I do not know what I swore to, but I may have sworn in substance to what is asked in this (piestion, as is reconcilahle with the facts. I may have told Mr. Charles Beamish suh.stantially that I sup))lied him witli ahout a couple of gallons of lirpior weekly. Question. — In supplying this liquor to the ohl gentleman, did you do it gratuitously and voluntarily, withoiit heing asked for it i Ansn-ei: — No. I had an arrangement with him ahout the sup])ly of it, before the supply- ing, but not with regard to the (piantity. I can't remendier when the arrangement was made. The inducement for him was that the li(iuor Avas better than what he coidd ordinarily have got in ."jiHO the way of small supplies. It is possible that as good might have been procure(l in ] lalifa.x. 1 )on't _ remember what it cost. I never saw any as good in Halifax in my opinion. I got it through the Honorable Frank 8mith, of Toronto. 1 did not measure it. I generally went to the wine cellar when li(iuor was taken (jut of it. The jug was always filled, it was a two gallon jug, that is my impres,sion. I won't swear it held exactly two gallons. I lilled it sometimes, and sometimes my servant, who is dead, tilled it. Can't say how often. I can't say jiositividy that my servant girls ever tilled it. I would not like to swear 1 iilled it four times; I may have. I won't swear to any number of times that my servant who is dead tilled it. I can't name any particular .servant, with exception of my dead servant, who tilled the jug on any pai'ticular occasion. The man (my -servant) who was burnt to death at my tire, was with me all the time during which the li([Uor ■■')!*20 was supplied. I could not have .said on the trial of Metzler vs. Murdock that I had delivered the liquor on every occasion except once. I'll explain I saw that the liipior was tilled in the jug, and I do not remember seeing who took it away from my house excej)t Mi's. Peck. I swear that Mrs. Peck took that j>ig from my hou.se to Mr. Murdock's, and others have seen her do so, 1 believe. Quc.' , , jikf"'' '■ i> . ' " ' t'. •'>' . J- ^J-'' i- : -: \>l^ ^< , ., • - •■Vt ' .-1. II., . *- •>c , *■ «. ».•». i M* 118 ni Qiii'ntiiDi. — How loiij,' nt'ter you iviiioiiNtmU'tl ahoiit till- tjuantity of lii|U()r taken (lia() continue to supply it ! Axxii't'i: — Well, I reuionstrnteil nfter two or tlueo juj,'s had Itcen supplied to Mrs. Peck, and I remonstrated to lier nil tlie time. I also remonstrated to Air. Alurdock; 1 renionstratinl to Mrs. IVck mostly at my own house. J don't rememher who was ])resent wlien 1 remonstrated, excejit, that I think, my .son Charles was present on one occasion. KviTy time I .saw Mrs. Peek taki! tln^ juy away I remonstrated. (^iii'sfiint. — How many times did you see her ta'.e the juf,' aAvay ? Answrr. — Aliout four or Hve times, J am siu'e, prohalily ofteiier. Tf I am not nustaken, I think tliere was a maik kept in the wine cellar in order to recoup myself from a cask which I was to order and did oT'der, and whicli arrived a day or two liefore the lire, hut was not tapped. I did '>',)4iO not order the cisk which arrived hefore the tire, as referred to, was not ordered for Mr. Murdock hut on our joint account, and 1 was to take from it what liipior Mr. Murdock liad borrowed. It came from Toronto in the packet or steamer. The cask containeil, I should judjLjc, aliout forty gallons; I may he wronj,'. I do not know whither it was enteren. — Did you state that the period during which you supplied Murdock with liquor comprised May, Juni; and July inclusive. Ansurt: — If 1 said the Avhole of Jidy it was a mistake, and if my answer would include the wliole of ^lay it may l)o a nnstake, as I do not know that I commenced supplying him the tirst of May, as I may not have been at home at that time. Qiicstio}}. — In the trial of Metzler vs. Murdock, what period did your evidence of the supply comprise ? Answer. — From after my return home until the time of my being burnt out in July. It could not have included the cask which was procured by me for Mr. Murdock after the fire. Question. — Why did you give evidence of the cask of li(pior on the trial ? r)!)70 Answer. — I can't swear that I gave any evidence with regard to the cask. I may liave done it, but I don't remendicr. If I did make any reference to a cask it was not the cask obtained subsequently to the fire, but it had reference to the cask that came to my house previous to the tire from which I was to recoup. Qi(est!on. — Was your evidence of the li(|Uor supplied given on tliat trial for the purpose of showing the ipiantity supplied by you was so large as to raise a presumption that deceased did not require the supply sued for ? Mr. Owen objects on the grounds of irrelevance, and asking for purposes or reasons and not facts. Judge admits the evidence. 5980 Ans}i:er. — Partly .so. And the reference to the cash from which I was to recoup was to show that I was not selling li(|uor to Mr. Murdock, but as is usually done among friends, getting a cask that was to be divided between them, and more than that — I'd .say that it generally took two months from the time I ordered a cask to the time I got it. At the time I ordered it, I had m i .«i- '■•^ V i' ■ ■* .'*'*'■ "v. , '"it . r^ ' M J*'*. II!) •«•'. no reason to tliink tliiit tliri'i' wmilil !■»• so liir^'c u (|iiiinf ity to lie ilcilurtril from invsclf mi uccoiiiit of tli<' liipior .sii|)iilic(l Mr. Mnnlnck. I ciin't sny I'Siu-tly tlii' tiini' I ciiini' luirk frnm OKiuvii in l.s7'). It niiiv liiivf liccii tilt' last of April or lirst of May. It may liavc lucn tln' miiMli- of Amil or miildlt' of \lay. I j^rnrraily left alioiit tlic dati' tin' llniisf |irciroi,'iiiii, ^ipnictiiin's a ilny liftoni or a (lay after. Mr. NiiiriiocU may liave ;jnt some liijiior from nie presioiis to my ;,'oiii;,' to ( Klawa, lait he wa.s not .supplied in tlie way lie was afterwaids. I lememliei' liis j,'ettin;i; a small jiii,' two ."ilMlO or tliree ipiarts, twire I tliink, liefore I went to ()ftawa. Me may lia\e ;,'ot more, I don't kn •tl wlietner or ik ith im id for it. I don't reniemher wliellier Mr. .Mmdo ow was eliar;'e(| in mi aecoinit for wliicli lie j;ave a note, with li(|Mor, which he ^^it liefore the lire. 'rini niai le lietweeii lis in my otlice after the lire, in which a cask of lii|iior was char;,'ed which wa e was a memonmilnm s a part of the consideration for which he then ^'avi; Jiie a nolo of hand. That was the cask j)ro- curcd for Mr. Murdock hy hi'< order after the lire. Qnrst!itii.—\yu\ Mr. Murdock, or did he not, previous to the Inirninj,' of voiir lioii.se, which was the 2!)tli July, liSV.'), si;^n a note of hand to you, the consideration of which was in any part made up of a charj,'c or char;,'cs for lupior or liipiors (tf any kind :' Aiisirrr. — Yes, I think he did. I cannot ^dve yon the date of the note. I have the notes (i()()() at the ollice J think. They ouj,dit to lie in my safe. I can't j,'iv(! the date of the note w itliout yoing to my ollice. Question. — Have you the note in your po,sse.ssion, to the hest of your kiiowled;,'e :' Avx'i'i'i'. — I don't know. I may have, oi' it may lie incorporated in some new note. There was a nmv note ;^nven after the tire, which I lielieve included a cask of Rye and a liasket of ( 'ham- I'ajxne, which were i,'otten after the tire. It was ordered after the lire. I cannot say there s\;is any note liefore the tire includinff liniiors. There may have been one inchidin;,' a hasket of ( 'ham- lai .mo liefore the tire; there may lavo lieen one tl lere may have lieen two, Imt I don't leinemlier. ai II unalile to .say how many notes of his I have in my possession. I may he aMe to jnodm 1' , _ them to-morrow morning,'. They are in my safe, the notes I hold against him. I went to my (!()10 ollice for Mr. Owen for papei's diirin;f my direct examination. (Mr. Weatherlie reipiests the Jiidj^i! to permit the witness to jfo to his ollice for the notes of hand si<,'ned hy Mr. Murdock.) He admits there is no notice to produce. (Mr. Owen olijeits, IIS Proctor of Le;,'atees olijects to Mi-. Kaiilhack ,i;diii!,' to his ottice for tliti notes referred to, tin le havinj,' lieen no notice to produce the same ; and also on the yround that said notes, if a "y. not pertinent to the i.ssue.) , 1 did not. Qucxfion. — J)id yiai not use the words "even then I wouhl not lie iMniiid to do so," refer- ring to a suhpu'iia diifi-n tfcinn, lieing .served on you ' Mr. Owen ohjects on grounds of irrelevances. Mr. Weatherlie withdraws the (piestion. Questiu)!. — How many casks of li({iior did you procure, or provide, or olitain for Mr. Murdock, or in which he was to have a .share ;' Ati>n the grounds that Mr. Kaulback has already stated that he has no accounts of anything previous to the tire ami no memoranda of accounts siibsequently to the fire of Mr. Murdock's, and also that it is a trap (juestion, as witness has already stated that there was not a note taken after the fire for li([tiors furnislied previously thereto. Aniiwer. — I'd say that its impossible to understand what Mr. Weatherbe wants. That I have over and over a'min t A I *" •■■'J" K":' «^ ; t t !■( I' ii. ■ i 121 y. Question.— V^'iU you lie jrood enougli to give us that general idea / AnHircr. — The notes of liaml contain (some of tlieni for repairs to liis ImildingH, monies lent, hills, paid it may he for halanee on renl estate, or it may he for the whole estate in which hu lived at his decease; the Ciisk of rye whiskey. I ilon't know whether or not 1 charged the cask of rye whiskey to Mr. Murdock which was destroyed hy my tire. I don't think it was ever .settled. My impression is, that when he made me send for a cask of li([Uor at his house, tliat I (ilOO did not make any charge for wliat he got from the month of April to the montli of July. 1 did not state on my oath in the cause, " Metzler (•>•. Murdock," that I sold Mr. Murdock the two gallons a week. 1 never .sold him any li(iuor. 1 did not swear on that trial that I s(jld JIurdock the licpior which 'vas then referred to, or any jiart of it. I have no knowli'dge of having in any way charged Mr. Mr.rdock witli any part of the cask of whiskey referred to at that trial. Mr. Murdock took up notes and gave me others sc-veral times, from tlie time he came to Luneuhurg. Question. — Did you preserve any of his notes from the lire ! Anmrcr. — I think all Mr. Murdock's notes were saved. Qaestiuii. — Did Mr. Murdock's notes escape unscorcher of any notes coming out of my safe after the tire that had not heen slightly damaged, whilst many were entirely destroyed and the writing entirely ohliterated. (JiicKtitm. — Do you decline to ])roduce the notes, now that you have the Judge's permission? AiiKivcr. — I say 1 have not the slightest reason or motivi: for not producing those notes, hut I do not consider that (Mr. Weatherhe) from his conduct and gestures, i,s entitled to any favor from me other than what the law re([uires. (il.SO (^iicfitiuii. — 1 very politely ask you to do yo\u".self the favor of producing them now that you have the Judges' permission, and I apologize for any gesture that otfended you, as it was per- fectly unintentional. Anmre): — I refer the request to my ('ounsid, having no ohjection, to go, and leave him to decide, as Mr. Weatherhe has withdrawn his ungentleuiaidy remarks and ajiologizi'd. QiirKtioi). — I ask you, on your oath, whether you complained of any ungentlemanly renmrks of mine, or if I apologized for any. The Judge rules question out. Qai'stiini. — I ask you again, will you produce the notes ! A)is>irr. — In conseipience of Mr. Weatherhe's retractions, 1 do not feel disposed to do so, (1140 except hy direction of my Counsel. (Jiii'sflon.—Dt) you .say that that paper marked "No. 1 CJ.T. S. was delivered to you hy Mri Murdock previous to the tire, handed hack liy you to him shortly hefore the fire, and returned to you hy him after the tire ? Anntrcr. — This paper was handed to me hy Mr. Murdock hefore th(^ lire. Mr. Min-dock requested me to give it to him to copy it, as I understoo'l, shortly liefore the lire, and my im- pression is that I got it again after the tire. 1 am at a loss to know from whom. QHi'fflini. — Have you not stated that he returned it to you shoi-tly after the lire, and stated to you that he had coi)ieil :* -.,' r > m'' f fin • ft • >^ i, .'11 I',' , - I .««. =■ •: 'k'i J ;■ •V v . •,\:-»' 122 AvHvrr. — My inipru.s.sion is, that he tolil ine lie copieil it. I have a slight romeinbrance 0150 of liis liaiidiiig it t(j iiie a short tinio after tlie tiro, can't say liow long, very short time ; l)ut I reinenihcr its lioing in my possession after tlio fire. Question. — With what olycct diil Mr. Murdock hand you that paper, No. 1 , G. T. S., in July. Ansiver. — Mr. Murdock shortly after he gave nic his will, made in New Ross, told me he'd make out for my information a list of his mortgages and securities in Halifax, I having a full knowledge of his monies due him here in Lunenburg. I do not remember him telling me, but my inference was tiiat probably I was named in the will in some way, by which this information might be serviceable. That he sometime after gave it to me. QuHslion. — Did you not find it among his papers after his death ? Answer. — Xo ; 1 am positive I did not. 6160 Question, — Did not Mr. Beamish manage all his (Mr. Murdock's) affairs at that time and afterwards. Answer. — I know of no affairs Mr. Beamish managed except collecting of rents, and send- ing or bringing the same down to him. Quest: jn. — Did Mr. Murdock entrust you with the management of any of his affairs, or seek your advice therein I'rom July downward. Answer. — Yc.h. Question. — To wliat extent ? Answer. — To the extent of requesting tiiiit I take the same charge that Mr. Beamish h;id at the time. lie desired to give me a power of Attorney to act and to cancel the powers which Mr. (3170 Beamish held. And he further siiid if 1 persisted and declined that, he'd request Mr. Owen, my co-executor to do so. Question. — At what time was this ? Answer. — Immediately after the execution of his will in Xovcmbcr. Question. — AVhen he put that pnper (Xo. 1,G.T. S.) in your hands, he did not entrust you, you say, with the mnnagemcnt of his affairs? Answer. — No ; I have not said so. Immediately after my coming to his house he desired me to take charge of his matters, and comi)Iaiiie(l of Mr. Beamish exercising an improper control as to monies, and the monies sent him, and thought it right that I should take his affairs in hand, but he did'nt press it with the same determiniition as he did innnediately after and continuously after filSO the execution of the will of Xovcmbcr. I have never known Mr. Murdock to employ any of the Mr. Owens as an Attorney. I don't believe that any of them had in his life time, or have now, any charge agiiinst ^Ir. ^lurdock for professional services. I don't think Mr. Murdock had occasion to consult any person. Mr. Murdock was lawyer enough to look after his own business. I think he would have been fully qualified to hiive conducted tliat ciise in court in October last, but he was the principal witness in it, and so did not. Question. — Did you volunteer to manage that case for him ? Ansivcr. — X'o. I have already stated with respect to that bill. The presentation to Mr. Murdock, and what he told me. They might be considered in the nature of instructions. Ho said to me, to take this matter in hand, and • . it" ^v H .' ; *' ■\ i * ", f ?' f "*■• «, '. 12:] ni rifi' Qiifstion, — YoTi cay ynii ooiild not h.ivt; used the words. I ask vou, did yoii ii.«(' the words -I did not th I did not, th }f Mr,i. I'eclx and Mi-s 1' A nsive)'. say that Mr. Murdotk was childish, wasn't al)le to attend to his own business, that any one could cheat him it" they liked, nor did I make either of those assertions. It is impossiljle that I could have talked to them in that style. I could not have said anything to ihoni of that effect. IJe.-ides I do not remember having any communication with Mrs. Peck, or Miss Peck, after I went to the house. 1 never said this, and have forgotten it. Qitcstioii. — You heard .Mrs. IVek's evidence with regard to your coming into Mr. Mur- iV.iH) dock's, breaking the seal of a letter, and opening it, reading it, and destroying it, is there any truth in that statement whatever ? Ans}ri'r. — None whatever. That statement i.s i)urely and entirely fabricated. Question. — I'll read to you from .Mr. Heamifh's evidence as to what you said to hini : — " Ho replied, I don't know what he does with it, (referring to his money , l)ut I'm obliged to keep iicoph- away from the house, from coining to sec Mr. Murdock, he would lend his money or give it away." Is there any truth in that ! Ansurr. — I may have said to Mr. 15eamifh that " 1 did not know what Mr. Murdock did with his money," but 1 conld not have said what is further stated that I isaid, as I never did endea- vour to keep any person away from him, and the facta would not justify me saying what is contained (il.'liO in the rest of the question. I never said anything from which that inference could be drawn. Qttcstion. — Did you tell Mr. Murdock, previous to going to live with him, when he iuvittid you to live with him, that you could not live in the house with Mrs. I'eck, or any words to th:it effect? Ansirn'. — I cannot remember having said those words to him, or words to a like effect, but I will not swear I did not, as 1 knew well that .Mrs. Kaulback would not tolerate the conduct and habits of Mrs. Peck. 1 don't remember that I stated in my direct examination that when .Mr. Murdock invited us to live with him, I knew Mrs. Kaulback would not tolerate Mrs. Peek, whether its these or not, it's correct. Question. — You stated in your direct examination that " Mr. Murdock was very friendly ()!i30 to you, and would do as much for you as your father would," what did you mean ? Answer. — I think that his esteem and friendship for me was so very gn-at that I could make no other comparison. Before I went into Mr. Murdoek's house to live (it may have been a month or more previous) I knew of the letter to Miss Crowe which Mrs. Peck destroyed. I knew it when she destroyed it. It was knowledge which I regretted very much jjossessing. I don't know where Miss Crowe was living then. I think the letter was addressed to Chester. I'm not ))repar','d to speak as regards the substance of the letter — it was a short note, and I merely glanced over it. It appeared to be something veiy formal, whate\er it was. Question. — Was it not a recision of a promise or contract to marry Miss Crowe? Mr. Owen objects to the question as irrelevant, and no notice to produce letter refeired to. (!210 Answer. — No. I cannot say it was. 1 did not pay sufficient attention to the contents of the note, to be able to say what was the substance of it. I have a vague notion that it was acknow- ledging some message sent to him through some othi-r person. I don't believe love or matrimony had anything to do with it — it only contained four or five lines. That's the nearest I can come to if Question. — Did you ever, during the life time of .Mr. Murdock; communicate to him the fact of your having looked over the letter. Mr. Owen objects, on ground of irrelevancy and not evidence. Ansner. — I can't call to mind that I ever did, but I certainly did not give the slightest hint or intimation to Mrs. Peck or anybody else, previous to the dismissal of Mrs. Peek. (J^oO Question. — How many times were you present when Mrs. Peck and Mr. Murdock had any communication with each other on the sul)j(!ct of that letter ? A^isner. — On two different occasions that I remember. One occasion, (the first), was just about three days before she left the house, and then the following day. We were in the house about a week or ten days while Mrs. Peck was there. It was in the kitchen I glanced over the . 0\ ..,, , ,'. ■ .'• fC^V J'.. hA >..! 124 letter. I was under the impression tliut Mrs. Pec'v could not read writing. 'Hint's my general impression. I certiiinly did not l)urn tliat letter. I ^;\\v her tear it up, and throw it in the cooking stove herself. I did not say the letter was childish. Question. — Were you in the hahit of brinjjing liquor to Mr. Murdock's house after night C2G0 in a jug on your hack. A>i)iicer. — No. I never did. I never took any liquor to Mr. Murdock's house, except as stated in my direct examination. I never saw tiie little jug after the fire. Question. — Did you ever see that little jug after you took it up to Mr. Murdock's .' Answer. — Yes. I think 1 saw it at my house afterwards, very near up to the time of my fire. I think it was Ijuriit in my fire. Question. — Did you say it was the smallest jug you ever saw in your life ? Answc: — I don't rcmemher that I said it was the smalkv-t jug I ever saw in my life, hut I think it was of that style. I think it was hall'-a-gall'in or three qtuirt jug. I never saw a quart jug of that shape. 1 have seen jugs with a handle, ([uart jugs. 1 have never seen a smaller jug G27() than that one of that sliape, with a haiullo to it, hut I've seen smaller jugs with a handle to them, l)ut nut that shape. 1 renuMnher lilliiig once, and giving it to Mr. .Murdock, and I think I tilled it another time. I did not give Mr. Miuduck tliat liquor. I don't think there was any charge made for it. I mean that I did not give it to him voluntarily without his asking mo for it. He aski'd me for it. My strong imjjression is, that 1 gave it to him without expecting him to return it. Question. — Why did you not tell Mr. .Murdock that Mrs. Peck had tampered with his letter i Answer. — IJecause Mrs. IVi.'k entrusted me not to do so at the time she showed it to me, and I had |)romised her I would not. 1 consider tlie two gallon jug was filled on an average every ten days, and went up when it was lilled, jjrobahiy it went up a do/en times — it may have heen only G28() about nine times. If I was to gain anything by naming a number, I wouhl say tlie figure ten was nearest appro.ximating it. Question. — What did )ou mean by the words, in your direct examination, " it went up full five or six times.'' Answer. — I don't remember having said it went up five or six times on my direct examina- tion, except in conneciion with the carrying of it up by Mrs. Peck. And these are the only times I can swear to its being carried out of the house by my own knowledge having seen it carried out, although I believe it went out full about ten or twelve times. Question. — What did you mean by the following words : — "• I remember the circumstances attending two or three of them, (referring to the times it went up). 021)0 Air. Owen objects, as it is impossible for the witness to understand the nature ot the ques- tion, or what was said or meant by him on direct examination from the short extracts referred to by Mr. Weathcrbe. Answer. — I do not remember in what connection these words were stated by me, or what they followed, but I remember circumstances connected with two or three timers of the jug going up to .Mr. Murdock's. One was when she carried it out of the yard in the morning, in a shawl, in her arms ; and I remember anothei occasion when I hesitated to let her take it, because I believed her too much intoxicated ; and I remember a particular occasion when I complained and told her, I'd refuse to allow the quantity of liquor to go up to Mr. Murdock's. 1 first complained to Mr. Mur- dock about the quantity, alter two or three jugs went up, al)out the end of .May. I complained to fi.'JOO him djwn in my house, that it was a wrong, and a shame that so much liquor went up to his house. I think that was in my parlour — cant'l remember whether any of the family were present. Previous to that, he came to my house intoxicated. I don't mean that he was drunk, but I'm under the impression he had come to my house two or three times before that, that I had thought he had taken too nnich liquor. I remember that on one occasion I had spoken to him about it. I can't call to mind his coming to my house in liquor, after my return home in the Spring of 187.'). It was prev- ious to that, I believe, I saw him as I believed, having taken rather too much liquor. I decidedly thought that there was too much liquor going up, after I returned in the Spring of 187.'), up to the time of my fire, and so I mentioned to Mrs. Peck, to Mr. Murdock, and in my family. Finding .<' * m 5-t f.i .f • w > 12:. that it was coptiniicil with littlo aijatcmeiit in cpiantity, 1 brought it to Mr. Munlock's notice again O'MO about a fow weeks beforo the (ire. That was at my house also. Hi- was surprised at tlie quanti- ty himself, and appeared not to ho able to icconeile it with the quantity that was used in tlie house, and asked me to go up to his house, and speak to .Mrs. Peek with him. 1 went up with liini that even- ing. Mrs. Peek was either called in the room, or came in the room, the Ix'droom. .She was ajkedwith regard to it. I don't remember of my commencing the conversation. Mr. .Murdock commenced it, I think. He repeated very nearly what 1 fold him down in the house with regard to the quantity. I remember Mrs. Peck said it was very weak stiill", tliat Mr. Murdock had a great many friends coming in, and inferred that a great deal went in that way. I can't remember her saying slie drank it, but she said she gave some away. Mr. Murdock had a considerable run of friends coming in to sec him. He did not entertain formally. Don't remember his ever giving a formal party. (l.'JJO Question. — Who were in the habit of going to see him, give me the names? Answer. — I can't say the Itector was in the habit of going to see him, or the Cunite, of my own knowledge, before 1 went up there, but I believe they went to see him, from conversations with Mr. Murdock. Question. — Can you give mo the names of any other person that was in the habit of going to sec him ? Answer. — 1 cannot say, from my own knowledge. I know of persons going there. Doctor Jacobs was in the habit of going there in a friendly way, and he was his doctor. I can't give the name of any one particularly. I can't can't think of anyone else — (all this was before the fire). Question. — Why were the spoons not sent for about a month after they were missed ? (».'».'}0 Answer. — I don't think they were missed a month before they were sent for, and I can't say exactly why they were not sent for. I did not concern myself with regard to them ; we were provided with the necessary spoons; had i»rovided ourselves when those were missed. I remoml)er Mr. Murdock saying they were family spoons and she'd have to bring them back ; besides, I say that ns soon as the stove was missed, Mr. Murdock then wrote her a letter demanding both. I can't remember the e.\aet date we njovcd into Mr. Murdock's hotise. It was about a week after the 29th July. That letter was the first notice sent to ^Irs. Peck of which I am awaic. (Letter dated September 13th, 1«75.) Question. — Had Mr. .Murdock anv knowledge of Mrs. Peck's having taken the spoons till the 13th ? " 0340 Answer. — I don't know that he had any mure knowledge on the 13th than he ha 1 on the evening they were missed. But Mrs. Peck having nuule a very clean sweep of nearly all the articles in the house, Mr. Murdock, immediately on their licing missed, said .Mrs. Peck inusi liave taken them, as she had everything else, and tiiat she'd have to bring them back. Qtiestion. — I ask you on your oath, whether Mrs. Peck took » single article out of the house but the stove and spoons. ,\i' so, name the article, ami iiow do you ':now it V Answer. — I cannot say that I saw her personally take any thing from the house ; but 1 remember when she left, a team (oxen and wagon) being tiiere ; and I saw it fdled up with articles. I believe it went away twice or three times (the team filled up), and immediately after that the house had little left in it. I remember some person saying something to Mr. Murdock about it. I tI350 don't know who, it may have been myself; but Pm nut positive. (Objected tu as hearsay, by .Mr. AVeatherbc.) He said that he felt so rejoiced or glad to get rid of her (that was the idea conveyed), that everything else was of minor importance, or something of that kind. Question. — Do you swear the team was there twice? Ans^uer. — I won't swear it was there twice. I think it was there thrice ; but I won't swear to more than once. Question. — The team that you swore to being there once, — whose team was it .' Answer. — I would not swear positively whose team it was. I have an impression ; don't know how it has been formed, that it was James Young's team. I can't say whether I spoke to the person having charge of the team. 0300 Question. — Did you not specially direct him with regard to the things taken out of the house? m i M i. ivy , ■■■. .1*11 i- :■■:'■ :'♦'•.;:■■'■ ..J' ■ . i Lit ■ > -V>' ■ fc' ■ fliV^' .V-- ' v ^ :-?'?■ ;{;i"^ ^ 12(! TT*! Mrs. l*((ck was iihuiit 12 I Ix'lii'vc fill! wiifi alxiiit A)i»>i'tr, — I ill) not r(Miiciiil)cr linvinjj iiny convoi'stutinn witli tlio piirtyiund I do not romt'in- l)('r who liad I'liarL'i' of tlic ti'am. I was tlicio wlicii (In; team was at tlio docti' once ; hut I was not the)"} hulking al'tir thit thiiiirs ihul wt'nt mit. Qitfsfiitn- -\Vi\H MiH. Kaiill)ack and Mr. Murddck nut prespiit with you when thi; iniin took Mm. Po('k'« tliinj,'s away? Axswcr. — I may have Itvon present with them when the man took tiomc oftho fhii\gH out of the house ; hut I certainly took no control with regard to them. I can't say what time of day it was. (1370 QncsttiHi. — Did Mr. .Muidock miss anything, and what? Answer. — Nearly ovitry thing was missed l»y him. I heard him eomplain liimself that slie also took his ehui\u:c of hcdding. (^ue.sddii. — NViiim hi^ spukt! of having the .spoons back, did ho say anything ahoiit the other things? Ansirvr. — I don't rememher at that tinu; his saying anything hut about the spoons. 'Iliu spoons were spoken of at the tal>le. He did not .xay that he did not mind tlie other things nnieh at the time, lie said that he didn't mind the other things much in comparison with getting rid of her. Question. — Didn't he say it in coniparison wnli the spoons? O.THO A)issirer.—}iu. I may have said in my n. — Do yon say on your oatl; that you ever ^aw her intoxicated during that period? Answur. — If you refer to llie peiiod tiiat she was in the hou.^e witli us, I say yes. Qiiestio)). — How often, and state the particular eirciim^tiinces. Ansii'C)'. — From my own observation she was in liipior twice; I heard of her being in liquor at other times. As i'ar as my memory serves me. tin; fust lime was : I eanie home to dinner. There was a delay in getting the dinner, and I. observed Mrs. IVjck was intoxicated. QiK'stion. — Where was she intoxicated .' (i3i)() Answer. — Passing through the kitchen. Question. — Did you sec her in any olher part of the house at tliat time ? Answer — I can't remember seeing her on that day at any other time or in any other part of llic house then. Question. — Were you in the kitchen yourself? Answer. — I think I was in .Mr, Mnrdoek's lil)rary and the door was open to the kitchen. I may have passed through the kitchen that day, because it was the most convenient way of getting from the library into the garden. I won't swear I was in the kitchen at that time. I observed Mrs. Peck passing across I he kitchen, not long, but !»he was deeidivUy drunk, there's no question about that, I don't remember seuestion. — Now, will you answer the (piestion I put to you witliout evading it by referring to other matters. I want to confine you entirely to the last time you yourself saw Mrs. Peck drunk, and I want to describe just what you saw that indicated her intoxication '. m I'n. 4^ > I hv .ii" «►,'>! . * «.. .'•■*'■■• .3, ; V. (.V r, . ■* ' ' '■ 'i * - • * * ■Wi 127 Answer. — I have no wish to evade any question, but on the contrary to answer every question fully, and not be stopped when the answer is not such as desired by the question. I cannot say which occasion was the last time I saw her drunk, whether it was the time that she stafi;fj;erid through the kitchen, or when Mr. Murdock in my company asked her what she did with tlio K-tter 0420 which he gave her to mail for Miss Crowe. I am ready to answer the question just asked to cither or both, whichever you mean. Question, — Have you not already stated that the first time you saw her drunk was when you came home to dinner ? Anstoer. — Both times that I saw her drunk was when I come home to dinner. Quesiioti. — Have you not described as the first time that you saw her drunk when you saw her in the kitchen ? Answer. — Both times when I saw her drunk was when she was in the kitchen. Question. — Have you not described as the first time when you saw her drunk that you were in the library and the door was open and you saw her in the kitchen, and did you not \i>*l'M) description the words, *♦ the first time," yourself. Anstver. — I don't think I named that as the first time ; it probably was the first time. Question. — Will you state what indications, on the probable second, or other occasion there were, which led you to infer that she was under the influence of liquor .' Answer. — If you now refer to the occasion that I accompanied Mr. Murdock to enquire about the letter, her walk and manner unmistakably convinced me she was in liquor, I ca.niot particularize. Question. — Have you stated all the occasions that you yourself observed Mrs. Peck under the influence of liquor, while she was at the house after you were there. Answer. — Those were the only occasions I remember. I have frequently seen her und;'r MO the influence of liquor on other occasions, when she did not reside in the house with us. Twice I saw her helplessly drunk in that house of Mr. Muidock's, once lying in his bed, and another time lying in the kitchen on the floor. Mr. Murdock did not, that I'm aware of, (not in my presence) see her on those occasions. The first occasion I don't know where he was. I went to see liini and did not find him at home. On the second occasion I went home with him and found iitr drunk in the kitchen on the floor. The last occasion was not many days before he was laid up with the broken rib, (in January, 187.").) That is before the time tiiat slie swears he broke his rib coming home drunk from my house. I don't know whether he saw her on that occasion. He was sober when he left my house that night, as on all other occasions. Question. — Could he see that night ? G 1.50 Answer. — I know of no difticulty in his seeing that night. He did'nt see Mrs. Peck drunk on the floor while I was there that night. After we got in and sat down a little while he enquired of me : " I wonder where .Mrs. Peck is." He wanled some water. I think he rang for her. I then said, never mind, Mr. Murdotk, I'll go and get some water. I then took a light and went to the kitchen and got a pitcher from the dresser, and went fo. a pail of water ; on nij return through the kitchen I observed her lying near the stove. I went into the room with the pitcher, and a short time afterwards he wanted a decanter, which was on the table in the kitchen, and I went to bring it in, as he asked me. I was curious to know whether she was just sleeping, tired or drunk. I went up to her, took hold of her, smelt the li(|Uor and saw she was drunk. 1 did not think that was a great liberty to take with another man's servant. I did not tell Mr. .Murdock that (IKiO night, as I wanted to think about it, and see what was best to be done. Question. — Did you ever tell him? Aiisirrr. — Immediately afterwards, before I had ventured as to what I would do, he had the misfortune of breaking his ribs, and I did not consider I had the time or a convcMiient opportunity to say anything to him about it, as I left home before I considered him well enough to trouble him on such a sulijeet. She did not get up when I took hold of lier that night. .She did not spiiak to articulate anything that I eouM undeistand. She muttered something. I can't say if slie opened her eyes. She moved and said something, but I could not uniler.-'tanil what she sai IrJs ■W nccctssiirv , she wiis liclplcssly drunk. I stooped low, cvcrvtliini^ indicated that she was helplessly 0470 dmiik ; her position on the floor, the Minell of liquor. It was about 10 or 11 o'clock in the eveninjf. (^iteflioii. — K.xcept from i.cr hreath, could yon state positively, on oath, that she was drunk ? A}i/twei'. — Yes, I have not the slightest doubt of it. Oh ! she was helplessly drunk. Qiienfioii. —Did you smell the fumes of liquor from her breath ? Atisii-er. — I think I did. Question. — Did you .'^ay on your direct examination that she was twelve or fourteen days in the house after you moved in .' Aiisuvr. — That question you have asked of me several times, I don't remember if I said (1480 twelve or fourteen days on my direct examination, but my impression is that we were there a week or ten days wliili! she was there. I saw her on no other occasion helplessly drunk. I did not tell Mr. Murdoek at the time I saw her on .Mr. .Murdock's bed helplessly drunk ; I went into Mr. .Murdock's bedroom ; I went up to her and tliink I put my hands on her to shake her. i smelt her breath. If I mistake not, I think there was some whiskey ahmgside of her in a tumbler. Qucstinn. — Did you driidi it .' Anitwvr. — C'ertaiidy not. Question. — Did you yourself drink any whiskey on the other occasion when you saw Mrs. Peck helplessly drunk and smelt fimes of liquor from herV Answir. — I do not rcmcmlier having drank anythinir therewith .Mr. Murdock that oveninjr. (!400 I think I took a pipe with liim. My impression is that he did t.dic some lirpior th.'it evening, about a couple of tablespoons full and tilled up the tumbler with two-thirds of water. He generally did that when he smoked and sipped it as he smoked. I never saw Mr. Murdock take, to my know- ledge, what would i)e called a glass of liquor. (^//('.'e(; bow much be drank, but I know about his habits and manner of diinkin;r. He would. 1 nii^bt say invariably almost, taki- what we'd call a third of a glass, and till it u]) about two-thirds with water, wliieli would gem-rally remain in his tuudiler for hours before it was tiiiisbed. That is if it was at an evening sitting'. (i.")00 (JiN'stioi). — Did you, in the majority of ea.ses, hxtk at his tundiler to see how much he poured out ^ A iisiirr.-] don't reuniiibir looking' particularly to see, but I have frequi'Utly rt niarkeil to other ]>ersons in Mr. Mui'doek's presence as to the character of bis drinks. I do not know of any one who takes liquor who took it in the diluted way in which he diil. I have si. lied him with othei' liquors e.\ce])t whiskey, lie has g;ot Cbanipagne, Sherry, Claret and jiossilily some other li(piors wbicli he mj.y have got on .-cveral occasions. 1 cannot .-ay how Mr. .Nlurd7 /■( I ;^.- Well' you in a jmsition to know dnrin).^ the time that you lived with Mr. Murdock, and did he e.xpiess to you his opinion ns to the state of his eyesight :' ■m-'i .k ■ «* 129 Ansv'cr. — No person could possiMy, durinf,' the time 1 lived witli liiiii, have known more or Itetter with regard to his sight tlian I iliil. He would freiiuently renuirk, with regard to his sight, and say what condition it was in, to nie. Qvedion. — Did he familiarly in the same way express himself with regard to the state of his health ? Annwei: — He would freely anil familiarly express himself to me in anything tliat atHiettMl OoJlO him. He would not particularly as regards his health, hut more almut his siglit. Qtu'stion. — At the end of August, was Mr. Murdock not in such a condition that he did not expect to read any more ? Answer. — Its impo,ssil)Ie for me to answer what he expected ; hut 1 nevt-r rcmcndn-r hear- ing him express an opinion that his sight had so left him. 1 have seen him that he cmdil read better at night than I could my.self, after that. (I refer to last of August.) I don't n-mcni- her of any time that he couhl not read at all. I can't niuendier the last of August. Me had not the last of August given up or lost his power or ahility to read. 1 know of no tiun' at whicli he had lost his ahility to read. I scarcely think that without my knowledge he eouM havi- given up all liope of the continuance of his ahility to read. (i.'>4() Qaention. — At the end of August, do you not kmnv of his giving up lioin? of iicing alile to read any more ? Anau'cr. — No. I don't believe he ever despaired of reading any more, liut Ivc heard him say that he didn't believe that he wouhl ever entirely recover his full sight, that he belie veil the di.sease was incurable. That the di.sease was amarosis, that he had consulted eminent medical works on the subject, anf Mr. ^[ln•dock's opinion as to his eye-sight expressed in that letter of .SOth Augu.st, in evidence, correctly represent that which he expressed at tiie (i.l.'iO time in his intercourse with yoii as described by you ? Ansiri'r. — No. Qaent'um. — Is it then an incorrect descrijition of the state of his eye-siglit at the time :• Aihswcr. — It does not accord with my opinion of his sight. Question. — Does the de.scription of his .state of health under the deacument, or anything else to refer m<' to it. Qiu'fit'uni. — It was read and filed in ( 'omt on the 2(!tli August, and then put in your hands, and I now put it in your hands, ami I ask you if it il(>scribes the fact f (!.")G0 Aunu'cr. — I say that I do not know, and (m the contrary, am sure he w.is not suffer- ing from a deadly fit of sickness in the month of November. Thiifc he Iwul no sickness in the month of Novi'nd»er that would iiecessinily contine liini to the house. That I iciiiemlM r that about that time, (about the time .Mr. ( 'liarles I>e,tinisl> ami Stephen I'eamisli wi'ie here;, that his rest was disturbed, and he had been aiuioyed and worried, of which he sadly complained, but that was t«'mporary in its nature, and may have lasted aliout a \' Mr. Charles Beami.sh on his visit in October. Hi' complained of ( "harles i'leamish's cruelty to him. and that he came (h)wn here to embitter his last ilays. That he (Mr. Murdock) had l.,•%■ .(*-* ♦"? fl^; t>. .«. :'^ r' , *• •i'C.<" ■M •('■ fe;" ••^ •• i*i'>.,. f' ♦.v,,* . ■4.'.»>.. » ■'.■)";.:' : ' '. •»■' .■> i*;" '! "IP I MO to liiin, tlmt lie coiiM not inakt- tlu' inoncy or few ilollars an excuse for conunj^ down. That In- iioHO inifjht Imve sent liini the money hy Post OHice order, as lie had fret|uently sngj^ested ; and I lielieve thatliis irritation and his nervous dis( pi ietnde was owin;^ to the visit of both Charh-s and Stephen Beamish. On Charles IJeamish's vi.sit in Octoher, N'r. Miirdoek told him his visit was disaj^Teeahle to him. I can't spi^ak positively of any one lieinj,' jire.seiit. I think Mr. Norwood heard something,' similar to that from him, that is, that he did not wish to s(>e him. Qiii'sf'tin). — Will you undertake to swear, that on the 2!)th November, 1S7.'), the deceased Murdock was not .slowly and <,'radually recoveriii},' from a deadly tit of illness, brought on in the early part of November, on the departure of Stephen Beamish from the Town of Liiiieiiburj,', as described in the hand-writin;,' of your !)0 ways, and I stnUt positively that Mr. Murdock was not suH'erin;,' from a deaiUy fit of sickness in November, that he wasc(»mplaiiiin^' wlu'ii Mr. Stephen Beamish was here, but was not nece.s.sarily confined to the house. Qiii'»fi<))i. — Was he slowly and <,'radually recoverini; from any illness at that time, (2!)th November). A)iHiri'i'. — He was not. I don't think 1 slept out of Mur, and I have worn it on my person ever since, and have it now in court. It's a j^ood watcjh. I don't think it cost !5M(>(). Quesfion. — How much do you think it cost f Mr. Owen objects on jj^rounds of irrelevancy. (ifilO Aiifiivci: — Mr. Murdock mentir;;(t it. I think it is worth about two hundred dollars. I think it cost somewhere al)out that, fvltliouj,di I am not positive. Quent'um. — Do you mean to say that he ccjuld see to read writini,' after (lie end of Aiijjust, — for instance letter of your dau<,'hters f Avsurr. — I would .swear positivi'ly that on that ilay he could si-e to reail the letter ri'ferri'd to. But I am certain when 1 say that the major jiortion of his time he couM see to read writin;^ and to write and to reatl books. That 1 know at (he time of the iiiakiin.f of his will thathecDuld see clearly to read, and expressed himself on thi' tlay the will was made, happy that his siL:ht was so fj;()od. I refer to the will of November. (!(i20 f*"^iw QvcKtlan. — Could Mr. Murdock see to read pe;.cil writing,' in October or Novemlier, or any time after he expressed himself as not beini,' alile to read any more, in the letter of SOth Aii;;iist. Mr. Owen objects to the (juestion as coiiveyiiiLT a wroii^f inference from tin- contents of the letter of .SOth Au^'ust, thereby liavini,' a ti'iideiicy to mislead the witness. Ansiri'i'. — I da(l after An,t;ii.st; Imt I wonlil not like ti> inciitioii any iifirticiilnr jhtsoii. I've seen — (Mr. Wi'iitliorlic liiTr iiitfrjiosis, niid niniircs tlic iIikI;;-!' not to allnw tlic witness tt) vary tlif aliovc I'vidt'iU'c on tilt' ^nouml tliat Mr. Owen intcij'oscil after llu' first part oF tin- aliovc answer was ^'iven l)y coniinj,' forward from Ids seat, lietueen liini (Mr. W'eatlieriie) and tlie witness, and in a M) (;().-)() COURT OF WILLS AND I'KOHATE. (mo CO. OF LUNENBURG SS. /(/ till' lliillfrr (if' till' jil'Diif, III siiliniii Jiirni iif hni\ of tin ulliijiil hl.-il ]\"ill ilinl 'I'l Mil iiir ill nf Ihilili- ll^ll Mil Villicll , lull' uj l.li III lllill I'lJ, ill llii' ('iiiiiili/ilj'ni-rsiiiil, ihl rrisli r-ill-l,tl n, ill Ciilxi il . The examination of Amelia Holland, of i.uiieidiiii;.', iu the ('ouuty ai'cu'e-aid, widow, taken In fore me, (ieoijfe T. Solomon, Ks(|iiiie. .Jiid;.^!' of I'lohale of sjiid < 'ouiity, this thirty-tirst day of Aiij,nist, A. D., lH7th July, ami the time f.sliortly after the fire) of the Kaulhack's moviui^- into Mr. Murdock's house. 1 know Mrs. Peck. She was li\in;.;at Mr. Murdock's wlu'ii (he Kaullinck's moved in there, mid she left ahout a week or ten diiys afterwards. 1 was at Mr. Murdock's l)etweeii the time the Kiiulhack's moved in and .Mrs. n(!70 J'eck leaviiii'. She is a nativu of Luiuiihury, In't-n living Iuti- all her lit'i-. I haVL'kiio\\n lit r for yiars. 1 tliink ten (lOMO yoars iiiysclf. Sworn to at Lnncnhnr;,', in the f'onnty of liiim'nhiirg, ) the 3lHt «lay (.f Anynst, A. I) , lH7(i, iMfmv inr, | AMKMA HOLLAND. (iK(». T. Sol.o.MoN, JliiJiJc ()/ I'rulxilv. LUNKXIUiUO, niHt Au;,'UHt, l.S7(l. Court atljoiirnt'il to niui't on the 2Gth Octoltir nixt at 10 oclock in the fori-nuon. (JEO. T. SOLOMON, ,1 iiiUjv of J'riiliiitc. COUIIT OF WILLS AND I'ROHATE. LUNENBURO, SS. 60)0 In ilic tiiiiJtri' of till' firnof iii noh'tun funa <«/" In if of Ihr iillnii'il hisl Will oinl Tinhi mPut of Ji(arainli Murdoch, luti' of Lo ii> nhiin/. in lln I'mml;/ nfirrs.iiil, l}lay on the ])iano sometimes, sometimes on the tlute. He jihiyed chess, too, tip to the time of the tirt;. 1 played .seyeral e;aiiies with him myself. He wa^ on iXoiA terms with us all up to that time. Such was the cast; up to the timi' 1 last saw him. I last saw him ahoiit tiie midille of January, IH7*). He went out drivin;.;- with me sometimes, and sometimes with my father. 'J'he fire took place Tliursday moridiie-, liilih .luly. 1N7"). I think. 1 rememher meetiii;^ .Mr. Murdock at Mr. tJaetz's just after the Hre. I was there when he wanted them to e;o to his house (liy them, I mean our family). He said " He wished us to l;o uji to the house ; that lie con- sidered us his family. He said he would eiilaree the house if it was too small. (I do not know hi;ther this last was on the same occasion, hut it was at the (iaet/.'s.j 1 heard him on more tl \v ont! occasion as k tl lem to u'o to th house, Th ryaiit at Mr. Murdock's house, at the tim i.'iii e we w ent to liye there, was Mr.s. Peck. J never slept at Mr. Miinlock's house hut onci', 1 think. I did not '^*> there when my father and imttlier moved there, luit I was there nearly evei'v day. som time: tl iree or four times. I should say tlu-y moveil uj) to the house jihout a W( aft. r the (ill .Mrs. Peck was liviny; there then. I saw her on more than one o(;casion lietweeii llie time of my fatlitu- iiiovinj,' into the house and Mrs. Peck's leavinj,' it. 1 should say that she left ahoiit ten days ft. niv fath er movei 1 tl lere, (;7iO •^1 Sf' u • .• J«l If * t Vjt« ^ BIlUl niiii mill till) my doc thii sec lici- tlu) ilo get wat( kno I'ecl may I'ecl Mr. date Mrs I'.cl refill ber. my 1 four wort OCCil! lines ahou Scoti uiid I this I in til page! long. wouli T. S. my 8t leavii He 111 used seeds. pickii lie w but fii (() llC'l liiiii 11 pirpai Mr. Al ■■^*'-, .;.:•■. 133 O'lc (lay Mr. Muiddck kuvc Mrs. IVck a letter to mail. (Olijcelod to.) He lolil me so. He 6111(1 to Mitt. |'((k ill liis htiidy, in my lueseiice, *' Wiiat did you do with tiiat U tier I f^ave yon to mail, what did you open it for /" She said " ' always mail your letters." She thru left and mui- mured something:, l>iit I eould not tell what it was. [ thought liy hei manner^, and actions at that (>7t30 time tliat she was in an intoxicated slate. I at other times saw iier intoxicated hctween the time of my father's moving into the house and .Mrs. I'eck's leaving, unco hesidt? the time at which Mr. .Mur- dock accused her of tiie letter. At this tinu* slio staggered ahout the kit( hen and usenl to |)i(k tilings u|) and lay tliem down again, and once she eamu in contact with the wall I did not, 1 tliinU, ter of his liein«f sicl H IS memorv was verv l'ooiI am I his niiml as .M rs. I'ec'k .said " 1 did not drink it, Mr. Murdoek has fiieiidv Mr. .McDonald (lijects on the tJiound V fatl m Ills I ler ami with im He I Mr. Muni. •k ; ]il!iycd as i^i a ijaiiie then ji-- usual 1 lining' with u.s last Chiistmas J)ay- that is with my tj!inil\ 1 the middle of January, l.S7 It was It 1 h •maiiieil heie the first time liefore uoin^' awiiy. not here when he '^oltl his house or went away. 1 v lottctown for 'I years hefntc I went to ('ollcyc cNccj,; I Wi :it to Hol'toU to school, cannot, ^jiy wlietller KeFol-i \\ liethci' (i m w h.'U I was iiniiii' from xIk •xi\'< then Mil (lot so often. \\ ll'U 1 came home the last of June, 1.^7"), from 1 'harloltctown, he wa.s more firi|iiiiiil\, I lliink, alioiit the house than at oil irr time; I reuiaincil at home at that time until Noveiiilni. wlieti ! went to t 'olle;,re. I'p to tiuif of ' il far as I know and saw. On my retinn he cxMinincd me in l.atin and (Irn k to a certain e\t( Jit. Then afterwards 1 trietl to puzzle him and j,'ot that this is heaisay evidence, .lud^c admits it.j I wiis present when a coiiMisation took jilace hetween my father and Mr. Murdock with rej;aid to this liipior that was jiniii;;- up. He Fatlni) (i7'.iO c )m])lainev ;1K*'; r .ii«' ''I 185 fin- ho wa>< livini,'in his own house. The only occjision I know of niiy one of our family visititi^' Ml'. Miinloi K, while he livecl ill his own hoii-ie, was one eveiiiiiif that 1 ami my mother ami Mr. McKettee went up, (we did not go out with thiit intcntionj, except mysolf two or three times. Mr. Murdock was an old man when I (irst snv him. I suppose ho w.is 71. Mo did not look to nic as old as he really was when I first saw him. He did not grow old looking rapidly from that time. ()830 Q Did he keep pretty much the same old six-pence from the time you first saw him, until he died ? A. Yes. Q. Did Mr. Murdock keep pretty much the same in appearance and health from the time you first saw him, until he died ! \. Yes. He got a little weaker of course. I do not know of any illness or fit of sickii's-i that Mr. Murdock li.id during that lime, to my knowledge. I do not think he could have had any sickn.ss or lit of sickness when I was home without my knowing it. Q. Were you in the hahit yourself, when you were home for your holidays, of going to sco Murdock at his own house .' A. I would not leave the house to do so. t)ut I did visit him three or four times before the fire, from I;ist Juuo till our fire, with thit ex<'eptii)u, I did not visit him. ()84n After the fire, and after my mother went to live 'here I was iij) to tiie liouse every day, did not sleep there, hut alter I left N[r. Owen's house where 1 staid for al)out three weeks, took most of my meals at Mr. .Murdock's. 1 conversed with him evi?ry or almost every day, his health iluring lS7o, was as [ had always known [l. lie had no sickness during that time, during the times I was homo. I was homo from tin; latter end of June, 187"), until I wont to college. From O.ic (!tli of August up to the time I went to college, though not sleeping there, I was daily in communication with Mr. Murdock. During th it period I did not know of his having any tit of sickness, and he coidd not iluring that time have hid any sickness or fit of si. kiuiss without my knowing it. I saw him Irans- hiting the French hook the last of Septemher. I am certain ho was writing the last of Septeinher, and I think in August too On several occasions I heard Mr. .Murdock complain of his eye-sight, G850 during that period (from (hli of August to time I wont a«ay) One d.iy ho woidd say that lie could not read and the next day ho would bo able to write and read. 1 novor heard iiim gi\-e any ror.son for the change in his optical arrangements 1 left about the 1st of October, l87o, to go to Windsor. l^. I )oes the description which 1 now i.ad from the !.< ter of S(Mli .\ui;ii-t ci)ni|Mii t with your description yesterday of .M.. Murdnck's le aitli at tiinl lime. .\. One day Mr. .Murdock would say that his eye-sight was l.,id, and the next d;iy In- Wuuld vjiy.'l can .see to read veiy well, t can see to read a newspaper ami line print." 1 do not think it was a common statement of his during .\iigust and Septemiier, hut I heaiil him aliout throe or four times during that peiio.l make suidi statements. I only luaid him complain dming that time '.August and Siptembei-j (d" ill health or varialile sight three or four times. 'I'lii-- was during the same p. riod 1 --tateil in my O.S(iO direct examination that he was translating French and aiding nir in ui\ l.^-ous. 1 was at homo aixnit four weeks, from 2l.'nd Decemlier. 1X7"), till about 22nd dannary, I^T(;. I du nut think hi.s eye-sight was .so godd in l)ecemlier and .laniiiirv ; but I have >een him read and Ihiird him read from a novel. I am certain of mice ; might be more. I cannot reculleet ukuc ncca^ions. I think I found his Itodily health the s.ame. When i left in .lanuaiy his bodily health was the sjuue as when 1 came home. ! could not say that .Mr. .Murdock drank every time he came to my fathir's house, before tile tire, but 1 have s'Mii him drink ; and when he did, he would take about two tai>lesp(ionsfiill. When ho caim' into the hou^e. I cuuld not say he always drank. < tii (he occa- sion 1 siiw him drink as lefeirod to, ho drank in the way refilled to. Q. Will you t«dl me how you hajipeiied to idiserve so accurately Mr. .Minclock's habits id" 'isTO drinking as to be able to make that statement ' A. i could judge very mar how much he put in a tumbler, and i tried with a tablespoon to see how niiudi it was. I made the experiment with the talilesprion ri'cently, i>ut 1 am ceit.iin bow much he ii'-eil to put in a tumbler. Tbi-- experinieiit has ln'on nnido since I was aware ! was to ho oxamineil in this investigation. The oii-er\alionH I made with regard to his habits of drinking apply t.> the timi! since I became accpiainted with him, and since he has lieeii in tie liiibit of oumiiig to mv father's house, I think that tlie occasion ( referi' I (o niion wliiidi Mis. I'eck took liipior from my faihei's house to .Mr. .Miir lock's is the only time 1 ^aw liijuor taken from our house there. That was in August, I.S7">. 1 had known .Mrs. I'eck by name aii'l reputation (she was n resident >■( Lnnoniiiirg). but iietei spoke to hiu- liofore I «s IP' i W' 1 3^^^\i- ■ f i;j() ♦ T Til oftini' home in .Tiiiit', 1M7">, from scliool at < 'liarlottctowti. I tlii)iit,'lit slic was nliniit sfvcnty ycni-s O.SfSO of age. I coiild Hot say wlutlifi- I Hist saw Iht t> >|MMk to at our lioiisc or Mr. Miiidnck'-. Slic uscil to come to oni' Iioiisi- to ;^i't tirnii,'s, sueli as ti-a ami siiif.ir ami Imttt". I took tlic powi-r of ntroriK'y up in July ln-foiv tin- tii-c. I !\ail spoken to her liefore that > >> ■ irinnot tell where. 1 sufpose 1 hail sjtoken to lit.ions. I am certain slie was into.xicated l)y her mannei' ami actions ; hy the way .slio talkeil. Q. When you used the words, in your direct exann'iiation, "n\anner and action." what iliy lier actions, tlie way she w.ilki'd. She did not walk, hut stai;- (I.S'JO gered. By her manner, I me;in the way she t;iiked and addressed .Mr. .Muidoek and myself. Q. I want you to tell me what she .said, when yoii say hy her manner; ;. .11 meant her talk:" A. 1 do not know what she .said, hut tlie way >he spoke and addressed u-^. 1 am ceitain she wa.s intoxicated, (}. How can you tell a |iersi)n w\s int )xie,itel hy their tilkwlien you c:\nnot t. 11 what they said : A. I rcnendtered ar tiie time wiiat sh ' sajil, and fro n what sir- said then, it in>- pressed on my mind that she was di-iink, to this very day. Tiiat is the only time I saw le'r tho wors'- of liipioi hefore the tile. I think 1 cali>' 1 Mr .Murdiuik's attention to tin- fict of hei' l)'in:f drink in n. joking,' way, f do not rem"ml>er wli.th i' he app'-aie 1 an;,nT or wlftlii'i- he made any n'piy. All I rt'meml) »r ahoiit it is, tliat she wa- iiit )xi.r ited, and whit eUi' I have stated, lie dJDO siL,'iieil tht) papers, iiud (iXplaiued to ni" 0:1 til it oeeasioii what the pipers w.'i'e, h'e.iu^" I asked him, hecause I thoiij,dit it ipieer that he sj^iu'd his name as defeiidaiil's at'oni'-y, :iii 1 I tiioiiudit it (pieer, as lie was not iiistriicteii hy tiie defeii,laiit. The n(!Xt tiino I saw her intoxicated wiis at'ier the tire, when my fitlier's fiinily were livinij in the house, when Mr. -MuriUick asked her ahoiit the letter. 1 could st>e into the kitchen, it was not all I saw of her when she w.is sf,m(Un^ in the kitchen and .Mr. .Miir(h)ck was askiii'j; Ikm- ahoiit the letter. I will not he certain whether slie shut the door, l)ettt'eeii the room .iiid ih- kitchen, after leivinj^ Mr. Murdock's room ^v not. If she shut the door I ct/uld not see Intc, .ne kitchen. I cau- iHit Hay now whether after she went out, I eouhl see into the kitchen or not. All I c.ui sp-.ik of with certainty is what transpired in tlie room, hut I kriow she w.is iu'ovicited. In mv direct ex.imi- 7000 nation 1 think I desciihed all thi.t was .said liy -Mr. .Murdock and .Mrs I'eck on tint O' c.i^ion, except- iiij^ an ohservation made hy her to Mr. .Murdock when she entered the room on hoiiii^ c.illeil I do not rememher what that ohservation was. Tiii.i was atioiit live or six or seven dav.s after my family moved into the house. I think I did call .Mr. Murdock's attention jokiiii,dy to the fad. Q. Do you recollect yon did .' .\. [will not Ik; too po^ltive tint I did (ill Mr. Murdock's attention to her heini^ intoxicated, hut I am certain I didthit of some person in the house. I can- not j,;ive the name ot any |ier»on whose attention I called to the fiet. I am certain 1 called sonie- lioils's atteiilion to it. 'Ihat wns '..mf noon I saw her intoxiciied On tint d.iv 1 ih I not see her lifter that, and do not know whethc'' she kept the litile sjiiee up t'or tlii- rest ot t!ie diy. I did nor see her driink iifjain, I think, after that, hefore she left the house Whi'ii 1 s iv " I think," I mem 7010 1 do not recollect of having seen her. 1 1 she was so drunk alter that, as when I saw her on the other occasion.s I would recollect it. If I saw her a:ter that, and she had iieen drinking so much as to he intoxicated, I would not ferj^et it. If she was not so had as upDii the occasions I referred to, if she had drank enouf^h to make me ohseive, 1 would not forget it. I never saw .Mi's. I'eek drinking sjiirits. All tiiat I heard iier say on the occasion ot the letter wan " I ahv.iys mail your letters." She miirmnicd somcthini^ else that 1 did not catch. Shi> 111 ide an ohseivition wii^n ^he first came into the room, which I do not recoHeet. When she cilled me to <^et the pitcher of water, she came to the kitchen door and handed it to ni". It was on Tlinrsday that Mr. Murdock invited o ir family, ;it Mr. ( iaet/cs, when I was present to f^o up to iiis house. I diink my fitlier and mother were there. I do not know whether Mr. (iaetz was there or nut. I think thincwas some person else, hut 70'J0 do not know who it was. I am almost certain Ucv. Mr. M<-Kettee. of I'otsville, United Sfales, was ill the room at the time. I heard him on another occasion alter that, the s.mie mornini;, invite tliein aj^aiii, to go to his house, tiefore the siiue people, I think. The Mist o casioii wis hel'oie hre.ikl'asi, (S- ♦^ m-. if'- ■' 'M ^■i- *^'.^'. \i. *-:':V. 187 and the latter a few hours after. On (he second occasion ho invited them up and s.iid he uoidd en- large the house. I recolleit that lie said we were to live with him as lonjj; as lie desired. I !im not positive whether this was on the first or second occasion. Q Will \our recollection ciiahle yr)ii to tell me the terms used hy Miirdock on the second occasion. A. I remeniher certain things, hut cannot say wlicthi'r tiiey were spoken on tlie Krst or seeond occasion, hut I am. cert.iin tliat h'; said it was their home as long us they desired, and on one of those occasions, I think it was the second, he siid he would enl;ugt> the house if tlu^y desiicd. Q. Did you not tell Mr. Owen in the diiect examination that it was on llie liist occ.ision he used the words thiit ho would enlarge the house .' A. I do not reniemher positively wlutlur it was on the Hist occasion hut I am certain it wis on one of them. <,). Did you words to Mr. Owi-n yes- terday. Part of them were used on ihi' lirst ecvisjnn. The whole of rheni may have lieeii used on the first ocixsioti. 1 can .say on the first occasion he wanted us up to the l.ou-e. On the second occasion, 1 can say he w.uited them iignin and s;iid he would enlarge the house if they desired it, hut I cannot sav tliat .Mi. .Munluck usimI iIh' word. ' tn ni.'iki' il y"Ur !i'im<' " on the lii-t or sreund oc- easioiis. 1 1 1(1 IK tt nnii'inlicr iinw niniv than t\\(Miceasiuns. I Ic alsn .said <»n the lii'st oeen.sion he eonsi- • liii'd lis his family. 1 think these were the vitv wonis iries|)eetive of occasimi, hesaid he " want oil us to go up to the house, that lie eonsidereij us his family, and that they shuiiM make his Ikhisi' tlii'ir home " and tli.-it he would enlarge tln' hon-e if they de>ir.Ml it. 1 think I said yest. iday that he said We should make his h^use '"iir hunie, if not 1 intended lu do sd. Wlieu .Mr, MuidiK k help- ed nie with my .studies, pvevious t'-uuing to (,'ollege, I wns studying; < 'ici r. i llniiieraud N'ii^il, and .Mr .Muiduck helpeil nie uii several oi-easidiis with my triiiislatinns. ',». \\ as this the sitine time he would say one day he could not s, ,. to reiid, and lln' next that he could ' .\. It \\;is duriiiu' .\ugir-l and Srpti luiie'- one day hi' w ould sjiy he could imt leail and the next day that he could read, and on the d.ivs he saic'. he could see, that he gave me the les- sons. And it was during this period (.\ngust and Septeinher, while 1 \\as getting lessons that he made these dhservations. I rememlK i Mr, (' 111 IC' Ih eainisu Iienig (lnwn in itcmi lller. ememlicr seeint' him imt that once tVom the time I t'anic home to the time 1 went awa\. do not ihink it was the 1st duv of Oetolter I Itt I.uiionhurg to go to college. It w.is ahoiit a week hel'ore I left that Mr l?ea inish was iiere. it m,i\ have tieeii less or more. lie staid at Mr. Murdock's lioiise over nmlit. I think he staid just one night. I was there pif'v late that evening. When I left the house they had not gone to hed. i heard Mr. Miirdock otfer Mr Hiwmish his hed, that he would take the sofa. Mr. lieamish said he would sleep up stairs in the o])en place, I think I heard that mys(dt'. Om; of our family, I tiiink lather, tirsi said that Mr. Heamish could stop over night, and Mr. Miirdock then said '.!( would give up hi- hed and sleep on the sola. I did not intend to say (to Mr. McDonald) that I ohtained the information from .Mr. Miirdock, hut that 1 heard the conversation .Mr. He.imish took his tea there in the evening. I mw Mr. Heamish there, with Mr. Miirdock in the same room, in the afternoon ahoiit 4 o'clock. I i .in not s.iv I remained there fiotn 4 o'l u iM k in the afternoon ntil I left at 11 o'clock at night. I tiiink I ilid rem-iin. and I think .Mr. Heamish was with .Mi iMurdcw k d uriiiu; that t on Mr, Beamish, I'lii I me s w as in 1 said \esterdav :hit ,Mr. .Miirdock said he wished the house the stiidv, and after he heard .Mr, Heamish had arrrived, 1 do i lot know whether there was any person in the study hut ni\sel| und lather, I do not reniemher the conversation liefore Mr. Murd said he wanted tin- doors cloMed on Mr. Heamish. Father sail " you hail hotter .see him, you had hotter go in ami lalk with him, tor the sake of respci t to him, if nothing cdse." I think .Mr. Miirdock replied and tried to make some excuse for not going in, i-an- not recollect what he said. I do not know whether my f'ather made any reply after that. I would ro3() roio ro.'.o iotio a"i •l.;sed 7070 13^' m' 1 •' , •j.'.j^.f .'*• . . •« ,'* . ^f. ■.».-v in« WB not swear futher snid nnytliliig after that. Mr. Rpamish wiis in tho house I think, waiting to see Mr. ^lurilock, at the time this conversation took phice Ijetween my father iind Mr. .Munlock, hut am not ci rtain and couhl not swear that he was. I cannot recollect. I was in the room where they were talking that evening, (mv father, .Mr. Hcamish and .Mr. Murdock), ahout one hour or more. 1 do not remcmher what the conversation was ahout. I'erhaps I was there the whole evening. 1 do not remember whether business was talked of that evening. I remember that .Mr. Murdock and .Mr. Deamish were alone together that afternoon. Soon after tlu; conversation with my father, Mr. .Mur- dock left my father to go into the room to .see Mr. Heamisli. .Mr. Murdock indicated to me that his ankles were weak, his walk showed it. I know ot no e.\ception to his clean and neat appearance nnd dress. Ue-examined by Mr. Owen, — (^. You statril oil ymir eross-cxftmined ns follows: " It was diirini; Au^fustaml Septcinlier ; one day he would say he could not reail, and the iic.\t day that he could read ; and on the n-) be- V ro8o 7000 COTTRT OF WILLS AND PIIOH ATE. 7100 LnNTNBURG, SS. lu (lie niilllcr i)f flir jtrniij' in mJi nni fiii'iii ill Li II' (if III!' illlt'iji'il lilnl Will ii ml Tistii iiii III (if licinn'iKh Mai'iliick, lull- nj l.n iniilni ly, iii lln ('un nlij iifi>r(N4ii, who being duly sworn, dcposcth and saith : I lived at the Kaulback's about two years before the fire, and lived there up to and at the time of the lire. Mr. .Murdock was in the habit of coming to the house during all the time I was there, that he was in Lunenburg. He would be there whenever the wiuithcr was fit for him to come He took meals there. He took breakfast in tin; mornings, and dinmir, and nearly every day tea. Such was the case during the whole time I was there. 1 remember the time of the lire. I know Mrs. Peck. She was at Mr. Murdock's for some time before the tire. She used to come to .Mr. Kaulback's hou.se before the tire and I would then see her, and I would see her up at Mr. Mur- dock's. She used to come down tc Mr. Kaulback's for liquor, nothing else that I know of. She used to take liquor up to Mr. Murdock's in a jug. It would hold about two gallons I suppose. She used to take it very often about every ten days. \ did not know of any person else taking licjuor to Mr. Murdock beside Mrs. Peck. I never knew of Mr. Kaulback taking any li([uor from tho 7110 r' \ ,f'J i:^i) » r house to Mr. Mmilork. I never snw Mr. KiuiUmrk take liqnor from the house to Mr. Murthx-k's or elsewhere. Mr. Kaull)iiik CDinpliiincd to Mr. .Miiiiluck al)()ut ilie liciiior, tli:it he did not know wlisit hcciime of it. I heard him ) Mr. Kauihnik comphiined to .Mrs. I'eik almut fl " li(|nor, he did not IHO know what hecanie of it. She said slie did not know. Mr. .Munhx k, she said, hud friends. I don't rememher anytliing else. Qn some of those occasions before the lire, I found her in Ii(juor First I saw her was at the stooj) or porch in front of Mr. .Murehxk's house, that hIic was diiitc drunk and eoidd not Nfand. 'I'his was after tlie tire. It was (huinii tlie week the Kaull)a(k's lived there, before .Mrs. I'eck left. 1 knew she was drunk because she could not stand. She woidd fall over and get up. 1 was standing looking at her, hut had iu> conversation with her. Q. How often did you see her before the Hie, under the intluencc of liquor, winn not (|iiite drunk or in so bad a state as when you saw her ou the stoop .' (Objected.) A. I saw her twice or more over at .\I r. Muidock's hnusc in the hmisc. i was there at the liuusc and saw lit-r take Ii rninn in tin' study. She imund it nut at the jug TI'IO into a Itottli', and thru into a tuniblcr. .Shr |inui'i'il tlu' tuiiibli r almut half full and diank it with- out any water. She asked nie if I would have some. 1 told her 1 did not take such things as that. Sln! was jpietty mar drunk that time. This was about tliiee months Itefore the tire fthe lirst (K!en.'*ion). .Miout a month or so after I saw Inr' again in the house, ami she was pretty marly the same. She drank while I was there, and got the lii|Uor out of the same room, and bi'ought it into the kitchen. It was in a bottle. She pour 'il it in a luml>ler and draid\ it. >S|ie put no water in it. She said it was whiskey. I did not take any on that oceasion. She askiil me, ami I told her no, I would not take it. jiefore and up to tin- time of the lire, Mr. .Murdoek was in ibt! habit of going to Mi'. Kaulback's garden. He used to come whenever the weatliei- suited. He would sometimes sow seeds and sometimes plant something round the garden, lie used to come 7140 without the KauUiaeks' si'uding for him. I knew, lieeause I was theic. I went to reside in .Mr. .Murdoek's hous«! about a week after the Kaulbacks' moved then'. Mrs. Peek went away from Mr. .Murdoek's the day I went tliere. After I went there .Mr. .Muidock said he would not lia\e Mrs. I'eck any longer, ami he would .send her away. Me ga\e as reasons that she spent his money, took away his things, and <»pened a letter to .Miss ( 'rowc lie said that she drank. She bad taken away the silver spoons and stove and pipi'. .Mr. .Murdoek told me. I lemaiiu'd at .Mi'. .Murdoek's house from that time until after his di'cease. I am not now living witli the Kaulbai-ks. I left in .May last. I lemeiubei- .Mr. .Murdoek's being sick once, lielweeii the time of my going there and his last illness. It was somewhere aliout ('liri--tmas last. It was before ( 'liri'^tmas. Mr. Murdoek's general health was very good all the time I was there, except at that time, at Christ- 7l')0 mas, ami his last illness. During that time he did not, to my knowledge, i'e(|uii'e any assistance ill dressing and undressing. I know of no assistance having been rendered him during that time in dressing ami undressing, except at times wln'ii he was ill. as 1 have mentioned. He was very |>articular and clean in his dress and appearance while I was there. He ii.'id a large garden. He t(K)k the management an his momv. lie 7170 told me that he made the will in the [larlor or front loom ; that .Mr. Weiitzel and .Mr. Solumoii witnessed it. He said tliat if anything liappem;d him— if lie should take sick or anything, we !'■ IMAGE EVALUATION TEST TARGET (MT-3) /. O '% %' '^0 'mis' 1.0 I.I ISO '""= 12.5 IB IIIII2.2 m I ■10 2.0 1.8 1.25 1.4 1.6 .* 6" ► V] & /a e. ^/ ^^f/ .<^J W -> ^/i^ ^1 omi '/ m /A Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 o^ I i m 4 .V ., , ♦« •, ' t f ' •-)"> ' • 'm * 4 . 1." ' » '4 « s ' ' ,.^v, * ^ ' ..r: h I a t( II t( t] I ^\ 11 Is C C£ W }\ ill th \} h< V s ' he an > [ i-i K* Mn should not send for Mr. Beamish ; that wo should not lot liiin know, liccausc lie did not want to see him. He said that when I saw him (Mf. Beamish) come, I should lock the dooi' and should not let him in. When Mr. Murdock was sick in DeceMd)er, he said to me and Mv. Kaulback that we should not let the Beamislies know. He said as for Mr. Aikins, he would like to see him, but that he was too ill to couu^ down. Mi-. Kaulback and I were in the room when lie said this. From the time I went there (to Mr. Murdock's) he was in the habit of offering up evening prayer. He continued that practice until ho dieil. Mr. Murdock said that he wished to l)e buried at the side of Mr. Kaulback's little boy (Willie). His mind was very good from the time I went tliere, after 7180 the fire, up to the time of his death, excejit at the times of his sicknesses which I have men- tioned. He had a very good memory. I never knew him lo mislay anything. Q. Was he easily persuaded or self-willed ? (Mr. McDonald objects as leading. Judge i ulc.s question out.) Q. How was he with respect to his views ? A. He was not self-willed. A[r. Murdock made Mr. KauUo'ick a present of his gold watch when he went away to Ottawa the last time. He always spoke ot Mr. and Mrs. Kaulback and their family with respect. He treate*<• r«4.^ '.' >K .*», \t •' >>/ '< "', . 'IT' >* ,t' r ?i •4 ♦ i < I P *T-« * \"i f -. ' ?"*■■ IfV x^ 141 "J'l Q. Before the fire, when drinking whibkcy and water at Mr. Kaulhack's house, how much whiskey would Mr. Murdock put in his tumbler { A. At the times that I saw him (before the fire) he put about two teaspoonsful in the tumbler and filled it up with water, and just sip it. He might have took it twice or so through the day. All the chance 1 had of observing him fill the 7230 tumbler, was when pjresing through the room. This was at Mr. Kaiilback's. Q. Did you ever measure the quantity tM o teaspoon.sful would make in a tumbler ? A. 1 did not. I judged it. That was Mr. Murdock's habit all the time i knew him. Q. What do you mean by twice or so ? A. It might be once more. It could not be less than twice. Mr. Jamco Eisenhaur was with Mr. Beamish and Mr. Beamish, as I before stated. Mr. Beamish and Mr. Weatherb' brought him there to licar what was said. Mr. Eisenhaur said nothing to me of this matter. Th . was in May or June. I have known Mrs. Peck (■^er since she has been at Mr. Murdock's. I was in there twice or more. She called nie in as I used to pass. In the two yi-'ars Ill-fore the fire 1 wa.s only throe or four times in Mr. Munlock.s house. I ahvay.s saw Mrs. Peck when she came down to Kaulliack's for li(juor for Mr. Murdock, wliilc she 7240 Avas livinji with ^Ir. Murdeek. Shoitly after she went to livi' with Mr. Murdock she came down to Mr. KauUiack'.s for li([uorfor Mr. Murised to complain often to her and Mr. Murdock about the lii|Uor. I said in uiy diree^exanii- nation that I heard Mr. Kaulback complain to Mrs. Peck and Mr. Murdock about the li(|uor. He said he did not know what became of it. Mr. Murdock .said he diil not drink it. Mrs. Peek said Mr. Murdock bad friends coming in, and she did not know who drank the li(|Uor. I beard her say this more than once. 8be did not get the li(iuor (jut of the room. She got it out of the cellar. I was there more than once Avhen she got it. Will not swear how many times. 72.">0 Q. Do I undeistand you to say that Mr. JIurdock came down in the morning, sj)ent the day, diank his whiskey and water, as de.seribi.d by you, and consumed two gallons of whiskey every ten days besides (' (Mr. Owen objects on grounds that the witness luis never stated that Mr. Murdock personally consumed the two galk)ns of whiskey eveiy ten days, or at any other time and that the question has a tendency to mislead the witnes.s.) A. Well, Mrs. Peck brought it. I do not know whether she drank it or what was done with it. I said 1 saw Mr. Murdock ]iour it into the tumliler and I judged of the ((uantity from what he poured out of the bottle and what 1 then .saw in the tumbler. It was during the first week Mr Kaulback went to Mr. Murdock's that 1 saw Mrs. Peck drunk by the stoop. I had seen her under the infiuence of li(|Uor befoie that. I first .saw her the wor.se of li(jUor before the fire, about three months before at Mr. Murdock's. She 72(iO called me in and was alone. Her daugbtei- was not living with her that time, but I bavt^ seen lier there. I saw Mrs. Peck drinking when I went in. She was the worse of liquor when I went in, before I saw her drink. 1 knew she was intoxicated from her words and actions. She did not exactly stagger, but could just make her way along. I smelt the liquor on her breath, before I saw her drink. She took over half a tumbler full, and told nu- it was whiskey. 1 was living at the Kaulhack's then. I staid about twenty minutes. She helped herself to a drink as soon as I got in. She came to the door when I went, but could hardly get th( re. She did not exactly stagger, but could just make her way. I think Mr. Murdock was down at Mrs. Kaulliack's that evening. I went home that evening. I mentioned to Mrs. Kaulback the state Mrs. Peck was in. Did not tell Mr. Murdock or any one else. The second time I saw Mrs. Peck under the influence of liquor was 7270 about a month before the fire. I never went in without her calling me. It is about twenty feet from the door to the gate, and she was at the gate on this second occasion. 1 noticed by her breath that she had been drinking. She went in and was n )t as bad this time. She could walk straight. She went in the room and got some liquor and took about half a tumbler again. She would drink with the biggest drunkard round the place. She took only the one diink. I stopped about half an hour. This was in the morning. Mr. Murdock was at home in his room sitting in a chair, and she went into his room and took the liquor unbeknown to him, and told me not to say any thing. .She offered me some, but I did not take any. I was going up to my sisters and went in. I told Mr. Kaulback of this. I believed from what I saw that she would drink with the biggest drunkark in town. VVhenH say from what I saw, 1 mean from seeing her drink the whiskey as I have described. 7280 *■ 3^ \>, ' ■ i * S (J ^j ? \ i ! ■ T I !»*■ *jv■..» !• :IW' *•> ."«-■, ,->'V,' 4M- . • A ?•<:*'■ fS v,» i».vj-. ill \ ■(I<<1;- ;«^1 v^ 14:2 At the time she was leaning against the porch, I was in tho street. I did not speak to her, nor she to nje. She was lamenting and moaning and going on to liorself. I stood in the roiid and looked at her. She would get up and fall about, and at last she got down on the stoop. This was outside on the stoop. This was during the week, before I took Mrs. Peck's place. I was staying at my sisters then, do not know how far away. I did not see any one about the house but Mrs. Peck, it was a moonlight night after dark. There was no one home I think, the Kaulback's had gone out to spend the evening. I told my sister and no one else, till after I went to Mr. Kaull)ack'8. 1 was at Mr. Murdock's from a week or so after the fire until May. During that period his health was as good as at any time 1 knew him, except the three or four days referred to. The doctor said it was appolexy of the brain. This was juat before Ciiristmas. He used to complain of his sight some days I do 7290 not know of any other sickness he had. All the time was there, except on I the occasion referred to, he required no nursing. I remember when Mr. Wentzell and Mr. Solomon came there. He was quite well at that time and from that time until he took sick at Christmas. Q. Reading the letter in evidence of 29th November, 1875, the witness is asked how she reconciles Murdock's statement that he had had a deadly fit of illness from which he was then gradually recovering, with her statement that he had no sickness up to that time. (Mr. Owen ob- jects on the ground thiit it is not for the witness to reconcile her statement with that in the letter referred to.) A. I suppose Mr. Murdock knew his own feelings, but it was not anything I saw. He. was ill with paralysis of the brain about four days. Doctor Jacobs attended him as his medical man. After the four days illness he was very smart, and by New Year's day he was as smart as 7300 ever. He had no illness from New Year that I know of up to the time at which he died. He was only ill one day. He was quite smart the day before he died. I came in while Mr Gaetz was there the evening before he died. The illness of Christmas affected his eyesight, but after New Year's when he got over the attack his eyesight was just as good as before. On the 13th January, 1876, when Mr. Murdock wrote that card, I could not tell that Mr. Murdock was suffering from any illness or blindness whatever. I had no idea, on the 30th August, that Mr. Murdock was so seriously im- paired in bodily strength and eyesight so bad that he could not see to read a book or a newspaper. I have already said that Mr. Murdock was a truthful man. Q. Which account of his health, as it stood on the several dates of August 30th, 1875, November 29th, 1875, and January 13th, 187H, namely, that given by letters of his of those dates, 7310 or by you in your evidence, was true ? A. I told you what I know about it. Q. Is that your only answer to the question I put ? A. That is the only answer I can give. Q. If your statement in your evidences with roj^ard to Murdock's health and bodily condi- tion be true, could Murdock have known what he was writinji; aliout when he (htsciilicd his hcaltli iis he does in those letter's referred to i' (Mr. Owen objects on tbe following jfrounds : 1st — Not ovideni'o ; 2n(l — Reasoning with the witness; Srd — It is asking tlu^ witn(!.ss for her opinion, and to draw infer(;nces. Judge lules question out.) Mf. Kaulback and his wife went away in Jaiuiary. Q. What time in January did Mr. Kaulback and his wife leave for Ottawa ? A. It was in January, but 1 cannot say what flay. They were about a fortnight gone ))efore Mr. Murdock 7.'}20 died. Mrs. Kaul))ack's daughtei- and little boy were living in the house after they left. Mr. Mur- dock was taking his tea in the kitchen, and was talking ai)out Mrs. Peck ; no one but me present. This was two nights befort; he died. Ht; was smart as could be. It was then that he told nie about the disposition of his property, as stated in my direct evidence. And it was not tlieii that he .spoke of Mr. Beamish, and told mo if Charles Beamish came not to let him in, but to lock the door. He did not say Stephen, but Charles Beamish. That was the time Mr. Charles Beamish was in town here. I do not know what month it wfis ; he was ilown three times. Q. Was it the time that Beami.sh was down in September that Murdock told you to lock the door if he came to the luniso. A. I do not know which time it was. 1 do not know whether it was l.'Jth December that he told me. I think it was in October he told me. I did not lock the 7330 come. The door was not door, and Mr. Beami.sh came to the door and got in. I did not see him shut in his face, that I am aware of Q. Did you ever hear Murdock tell any one else in that household to shut the door in Beaniish's face if he came theie ? A. He told Mrs. Kaull)ack, too. I think it was at the sanui II I it !^ ♦ I k; 1 • ' *, \ * :?xis v^ 143 time. I do not know of Mr. Mui'tlock's having ;;iven inntruction.s to anybody elso, or at any other time than October, as reft-nod to, to shut the door in Mr. Beanii.sh,8 face. 1 think it was before IVfr. Murdock was ill in December that he .said lie wished to bo buried at the .side of Mr. Kanlback's little boy. Mrs. and Miss Kaulback and 1 were present when he said this. 1 never heaid Mr. Murdock say he niislai ■« '<^ \H ni was in his library with him frequently. He was perfectly at htinio there, lie felt happy in having liis hooks ariinnd him and secini^ liis friends conn; in. I don't know particularly that he referred to his hooks. I was in the hahit of runnini,' in to see liiin in the snmnier and anfunin of IHTA. Ho then displayed as ninch clearness and soundiiefs of mind in* hciore. lit; always attired himself 7380 neatly and clean. I never knew him to appear in the slightest (lri;ree childish, or to do a childish act. I never saw him under tlie influence of lirjuor. I have seen him walk with an unsteady step, h(;'d complain of his ankles being weak. I never saw him sullerint; from the effects of drink, or laborinjf under the effects of it. He always referred to .Mr. Kaulhack with the greatest rcpect, and expressed a great attachment for the family. Shortly beforo his death (some two or three days previous) Mr. Murdock told mc that (Jharles neamish had not treated him in a maimer that ho would have expected, that he had treated him with the greatest amount of iinkindness and ingratitude. He told nie further that the visits of the Beami.Hlies were to satisfy their own jxMsonal viuh, and not from any love or affection that they had for him. He also, at that time, referred to his having been nt Halifax, and said that 7390 ('harles Beamish had treated him most unkindly. He did not particularize, but said that he left the Ueamishes on account of their unkindness. He then also ri'ferred to his having made a will, and said that he had purpisely left them (the Jh-amisiies) nothing. He told me ho had given the coins to Charlie, parts of his library to Mr. Aiken, his particular friend, that Mr. Aiken had as much of this world's goods as he retpiired. 'I'hat he had given tne gold watch to my brother, and the remainder he ha '«;■* »'A » a ■1 1 4.') I liiivc had convorsiition with Mr. Chaili-s r>tiimish lelativc to Mr. Miirduck, iil'ttr Mr. 7 VM Murdock*A dratli, iifier tlu> fiincnil, I think. Mr. Harrill^t()tl olijccts to cviih'in'i; nf conversation. Mr. Heaniish told me that lio ua.** not iurpriscd cxactlv at Mr. .Mnrdock's spoakinj,' unkindly of them, that ho, (harU's IJcaniisli, had to str iici^h- with his ♦"; ciinffx a Httic wliili' in havin^' to cpcak to Mr. Murdock, in coiisciiiumul' of hi" ( Mi". .Mnrdock's) iinprndcnt roiwhict at Ilalitax, tliat it was such that Mm. Hcaniish wouhl not put up with it, atid tlint Mrs. Itcaniisji coinpcMcd hiiu to speak to him phiinly. Ho toUI nie wliat it was. Mr. Heamish told mo that .Mr. Mur(h)ck h'ft tho house in con- sequence of his speaking to him. Cross-examined hy Mr. IIarrin<^ton ; — I live ill tho western end of tlic town, Mr. Murdock lived in the eastern end. I visited him 7410 perhaps once a week, j)erhaps twice, and then perhaps not for two or three weeks. [ contimied this more or less up to the time of his decease. I had a hnsiness transaction with .Mr. Murdock eij,ditcen months or two years af,'o, ahout leasinj^ a lot. He leased it intelligently That is one of the things on which I have my opinion of his intelligence. Sometimes, in going to Mr. .Mnrdock's house, I'd meet .Mr. Murdock there alone; some- times I'd meet .Mr. Ellis there ; sometimes Dr. .lacoh; and I have met .Mr. Norwood there. It was a house of temperance. I have seen .Mr. Murdock take his wines ; I have seen him drinking. Mr. Murdock would sit down in the evening and converse. I have never seen him out of the way. I don't know that I ever smelt lirpior on him. I don't think he could have drank two gallons of 7450 whii^key a week, unless he poured it into a peck. At all times that I saw Mr. Murdock, he was capahlc of transacting husincss and understanding the nature of it. I consider a childish act as something m t innnly. I never saw him do anything that was not maidy. He was a perfect gentleman. I don't rcmendier that I ever saw him take more than one glass at a time. I was at a picnic with him down the hack harhor. Mr. .Murdock was not drunk then. I never -saw him drunk at any picnic, or at any other time. I have heen at Mr. Mnrdock's house repeatedly, when there was no licjnor there. My ideas with regard to Mr. Murdock's memory wore gathered from interviews with hi?n. He'd speak of things j)ast, of hi.storians, poet?, &c. From our conversations, I inferred that his nieoiory was good. I cannot give any particular instance or illustration of his gooil memory. T4l!0 Question. — Will you explain to the Court what you mean hy disposing mind and memory V Answer. — I state it in this way. Question. — Are you a lawyer? (Mr. Owen ohjocts to this question heing put until the witness is allowed to answer the one preceding, which he has been ])reventcd doing by the examining counsel.) Answer. — I am not a l.iwyer. I define sound and disposing mind and memory to be that he was able to dispose of his ideas. I mean that he was perfectly capable of disposing of his property. I know what a disposing mind and memory is. Question. — If a paity has a delusion on one point oidy, has he a d'spo^ing mind and 7470 memory ? (.Mr. Owen objects to the question on the ground of its calling forth the opinion of the witness and in other respects illegal.) (Judge rules out the oi>jection.) Ansiver. — It may not aif'ect the ilisposition of his property. It would not, in my opinion, affect a party disposing of his property. Question. — Do you swear that that's the law ? (Mr. Owen objects on the ground previously given to preceding question.) Ansiver. — I nin not a lawyer, and won't pretend to give you an opinion. .My answer was a matter of opinion. 7480 Mr. Murdock showed considerable affection for the children, and respect for .Mr. and Mrs. Kaulback. I never heard him say he was in love with Mrs. Kaulback. During my brother's ■«ti I' ','■ >- ^'" ■:■*•• -I -■%•'■■ •' '8 ■,^'- ■ i^ '•■1 :.'l' ••rii-v k. 1*j- ■*^" •t. .c & 140 ".)i absence at Ottawa, I was at Mr. Murtlock's every other day, perhaps. I knew lie was alone, and had not my brother's company. I don't think I said to anybody tliat it was a shame to leave him alone, or any words to that effect. I could not have said anything of the kind. He appeared lively and in good spirits on those occasions. I would gumctimes be there 10, 11 and 12 o'clock at night. This was shortly before his death ; and Mr. Murdock and 1 would be up alone. I suppose he put the lights out, being the last up. The lights were generally burning when I left the house. With the exception of the nights I was with him, when all the others were in bed, I don't know who took charge of the lights. I did not say that Murdock put out the lights at night. I t*ai•■' ;4-:.; i.V.ft ■•■■•">•■ V:m':'« r'*vf <. ,1 ■' ■ , ; '_, ¥^ ■■' -'■ ' ■ ">;* ■'^>. *; * • . ' ":^ :-v ■i ?-v>, ,f. •' t . \ ;.*• : • , . i ^Ni 122^ w at th th th ho he Fa bk thi xAli get ne\ tliii l^^ if i Sh( 147 ■til he said, treated him very kindly. Previously to that tiiiic, I had l)oui,dit a small luiildiiii,' from Mr. Murdoek. I arranged witli him (Mr. Miirdock) for the pin-chase of it. 1 made him a jmymeiit on it. I thouglit he was a very sen.sihle man when I talkeil to him. I was in the hahit of going over to his house. One day I was going past his house, and Mr. Murdoek Unockfd at the win- dow and asked me if I'd saw him some wood. I .sawed it for liim. Had no further conversation with him that day. I had conversations with him at other times. I was over at his house late last Fall, and paid him .some money I owed him. He conversed (|uite sensilily with nie then. He 7").S0 took the money fr< 'me and put it in his trunk. He count;'(l it first. I ni'ver saw him in his garden on Sunday. (^Objected to.) 1 .saw him at work in his garden .seveial times intlu,' Summer, and all along in the Fall. I saw him in his garden till ahout a week liefore I moved away, (twenth-eighth of October, I think.) It was late in the Fall when the frost got into the eruund, so I must have made a mistake when I .said the last of Oetolier. I knew Mrs. Peek. Qaestiun. — What were the habits of Mrs. Peck during the time sin; lived with Mr. Murdoek in the house opposite the one in which y(ju resided; was she temperate or intempeiate ? Mr. Harrington objects to evidence of Mrs. Peck's habits, on the ground that time, place, and circumstances have not been mentioned. Anmuer. — I went over to saw wood for h<'r one day and she gave me a drink of li(|uor ; .she 7")+0 w^as not drunk or .sober at that time. That was in the morning. She was generally sober in the morning. I saw her in liquor .several times, and smelt li(|Uor on her breath once or twice. I saw her sitting by the front door one day. Mr. Murdoek had gone to Halifax. I was going for a bucket of water at the time. She was drunk. 1 saw her a number of times diunk, both after and before that, while she was living at Mr. Murdock's. After I moved away from there, I .saw Mr. Murdoek several times. He was (juite smart at thiit time. I hail conversatimi with Mr. Murdoek after I nioveil away, (I had moved my house) ; and he asked me how I got it up, if all right. In all my conversations with him, he always talked very .sen.sible. Never .sj w him in any way under the influence of liipior. (Jross-e.xanuned by Mr. Harrington : — 7-").")0 I am the husband of the woman examined here last night. In the Summer 1(S7."), I went away in April, and came home in May, and was home a week. Then went away, ami retuiiiedin July, and was then home 7 or fS days, more or less. I take a drink sometimes, not very often. I doi't like it. I dcm't suppose any man likes it. Question. — Have you ever been drunk :* Mr. Owen objects. Answer. — I have been drunk. Question. — Are you in the habit of getting drunk ? Mr. Owen objects. Ansitvi: — Not in Luneid)urg. 7."<)() I could see the whole of the front of Mr. MiU'dock's garden facing the water. I don't know what there was behind the house, but think there was not any garden. I could see a cat running about. I could not see his hi'n-coo]) from my house. There is a large ])iece, I think grass, that the house hides. I could see the whole of the ground in front of his house. I call the front of the house, the gable end, fronting the water. Mr. Munloek could not have been working fiom the gable end of the house right down, without my seeing him. He had a hen-coop back of the house. I could not .see it from mine. There is room for fifty head of cattle to stand round the hen-coop without being seen from my windows. 1 ])urchased the house from Mr. Murdoek la.st Fall a iiwelvemonth, I oweil him some money last Fall, and paid him. I thought he was sensi- ble, from the way in which he took the money from me. I W(jrk in a sail loft this last two or 7.")7() three years in the Fall. A glass of li(|uor was sent out to me when I sawed the wooil for Mr. Murdoek. Mrs. Peck gave it to me in the kitchen. 1 .sawed it for him as a favor. He could not get anyone else. I know he was Eeami.sh Murijock, from an agn.'ement we had betwi'en us. I never drank )nore than once with Mrs. Peck. 1 have seen her take a drink once, I thiidc. I likeipecting the introduction of any further evidence, and adjourned to 27th November next, at 10 A. M., to hear Counsel on the part of the Petitioners, and of Respondents on the evidence adduced, and on the subject matter in dispute, and also to receive the rebuttal testimony of Mrs. William H. Morton and Mr. Charles Beamish, to be taken under Dedinuis protestation, if returned within that time, and to receive any sur-rebuttal testimony the Respondents may be entitled to produce. Pi'eviously to adjournment, Mr. Owen, on behalf of Respondents, olijects to a Dcdimus \)0- testatem being granted by the ('ourt, the same being illegal, and not contemplated by Law, and also on the ground that Mr. Charles Beami.sh, if personally entitled to give rebuttal testimony, was bound to be personally present, and tender the same before the Court this day. GEORGE T. SOLOMON, . , Judge of J^mlxitf. 7000 COURT OF WILLS AND PROBATE. LUNENBURG, SS. In the matter of the proof in solemn form of the alleged last ^v ill and testament of Beamish Murdock, late of Lunenburg, in the County of Lunenhurg, Barrister, deceased, dated 7010 loth Nuremher, A. D., ISJu. The examination of Stannage James Jacobs, Esq., M. D., of Limenburg, in the County of Lunenburg, before me, George T. Solomon, Judge of the Court of Wills and Probate, and for granting letters of administration within the County aforesaid this twenty -.sixth day of October, A. D., 1870, who being duly sworn deposeth and saith : I reside in Lunenburg. I am a medical practitioner, and received my diploma as such in '"'P m^ I "A f.^; - t\ It. *■ *:■;.♦: ■ - I ' VH- ■■:■ -.v.»,- . '- " ' :'■*■. ■' I- .-i '^ I' -• '-Wit . .- ■» 5 ^-■■. ,,. ...> ..,, ,,'I,.V' \'X:. ■i.-r- '«* ■ «1 in" i^k 140 18G1, and have been practisin;^ from tliat to the im-sont tiiiu-. T was actiuainti'd witli late Beamisli Muriloek. I bocaiiio accniaintcd witli liiin in lfs72 at Lnnciilmrj,', ami was aiipiaintcil with him from tliat time to the timo of his death. }lv first wont to Kinj,''s liotid to live, in I.S72. Ho bouglit a liouso from Senator Kanlhack sitiiatoil in Water street, formerly oeenpied l>_v II. M. 7<>*2() Moylc, and wont to live there. After leaviiiif that hou.sclie went to Halifax, in 1N74, 1 think. On his return from Halifax he went to Kind's liotel, and then ])urelia.se(l another honse from Senator Kaulback, in Avhieh ho resided to the time of Ids death. When Mr. Miirdock first put np at Kiny'.s hotel, in 1872", I called on him professionally; he was suflerini,' from an attaek of diarriioa from change of water and diet. I met Idm frecpiently at Kind's hot(d jirevionsiy to his going down to the Moylo House. I was in the Imbit of meeting him at the Moylchou.se, where 1 ealled two or three times a week socially. I called on Mr. Murdoek at King's hottd after his retiun from Halifax, about 1874, and was in the habit then of calling on him socially. He had an ataek of diarrluwa again in 1874 on his return from Halifax, when 1 was again called on professionally, from both those attacks ho recovered in about 24 hours. 1 was in tin,' habit of visiting him 7eth for him. From January 23rd to December, 1875, he had no attack of serious illness; there Avero some slight attacks of diarrlKr-a, bronchitis and bilious attacks, but nothing of any conse([uenco. On the 7th December, 1875, I Avas called to him in the evening, and found him complaining cjf a headache. I visited him on the 8th, and my diagnosis Avas, "partial paralysis of the brain ;' it came on very sudden. I A'i.sitod him three times on the !)th and on the llth, ami the 12th. On the 12th I A'isited him tAvico, and he AA'as then convalescent. I Avas again next called to visit him profession- 7<»70 ally, February 7th, 1876. I also visited him the 8th and !)th. I visited him three times on the 7th, and found he Avas attacked Avith congestion of the lungs. On the Oth I visited him every ' 1 ''I J •m' '^l * i t ^" ■■'■' ' ''• P^ ■•■''' l^-'A' ' B'.'':' t mi^ ■ ' ■?f v^' ■;' .,/-.-*Ji • t l'<"'.4-)',, • . ■HI'.' ■ i^*.-.- ! (i*'^' : ■■ .■, ■ i*.'-; .'■.-. •>»; .■'. *::^'?^'!lie;, ■.».-V. '•' -^ ■■■*i^:')- . ;'r:^' ■•■ I J, »■■>.>,■ 'St* ■ ■■ ''•^S.. (■y ^**. -'^fc ,'■ "".'-^ ■^f.-'v ;r.j' i:^ .*»*>.' 130 fwo hours, and lie died tin- lOth, at 1 o'clock, A. iM. On the \'2th November, l!S7'>. I viNitt'd tli(^ liousc occupied liy Senator Kaullwick and Mr. Mnnlock, pnit'essionally, to see Mr. Kanlluick'.s son Hn pert. 1 visited Hnpert a;,'ain, jiroFe.ssionally, on the lotli, and a;,fiiin on tiie Kith. 1 was caik'il a;faiii on the l!St!i to Mary, the dau;,diter of Senator Kaidliack. On tiiosc four occasions I met Ml'. Murd lek at tlie liousi' and cnteicd into con\('ri>iation witli liini on tliose occasions. On tlie niornin;;df the l:ith 1 came out of Mrs. Kauiliack's I'oom wliere Rupeit was lyinj,', and Mr. Mui'dock en(|uired of me how liujx'rt was. 1 told him he liad worm fever. He asked if these were danj^"roiis, and J told him no. I had other conversations with Mr. Murdock at that time. 70^0 On the morniiii,' of l.')th, when I went nj) to see Rupert, the first jierson I saw was Mr. Murdock ^oinj^ into hi;; lihrary. He said, " Itupert is much iietter." 1 went in and saw Hupei't and came out into the jiarlor and found Mr. Murdock ami Mrs. Kaulliack in conversation. He was then tyinj,' up some .seeds. I told liim 1 hail to leave. He was putting,' the .seed in paper lia Avas the worse of lii|Uor an i that he (Mr. ]\Iurdi)ck) e:av(! him fo on my jn'ofessioiial visits, to other places, I would find Mr. Murdock in his garden, superintending and giving directions to a man or Avoman he used to have round. He would always plant liis own seeds. He had a .system and method in planting. I got some information hy it. I would sei; him off and on in the garden during the summer, weeding, and .sometimes .sitting in liis chair smoking, and in the fall gather- ing up seeds and drying his .squasli seeds, and cleaning them and ])uttiiig them in hags. Mrs. Catherine Peck was a servant to Mr. Murdock. I knew her. She was a .servant with him from ahout the time Mr. Murdock moved into the house, uj) to ahout a fortnight or three weeks after the Ivaulhacks moved there. I saw her there on ditfereiit occasions when visiting Mr. Murdock. I often* heard from Mr. Murdock and herself that .she was hired there at three dollars a month. 7720 At the time Mr. Murdock had the broken rihs, he told nie she was not worth the three dollars a month on account of her cooking, which he .said was very inferior, and often told me, on' tliat account that he'd go down to Mr. Kaulhack's to gt'.t something to eat, a good dinner or a good tea. The time that Mr. Murdock hroke his rihs in January, LS7.'), he was .suffering pain and fever from tlie fracture, and had heini sufl'ering all the night hefore (of the 14th) liefore I had heen called in, his mind was temporarily affected from tliis cause. When I went, found liis pulse very high. Made an examination, and found his riyht side black, where he fell. I ordered a poultice. Mrs. i\'', m m< m' .%'«: i^ .(►-r-< 'r \ \' I *^L ,'i,"-.'' ■•»">-*•. Nf' ?f#i *v. ¥r. ■•c>- ^'t'^ ^'l~ 'jyt l.'.l Prck saiil " till- dill iiinii wiis (|nitf ilrlirioiis i;i.-*t iii;;lit, calliil liis vi.sl ami pants liaii;;iii;,' u|i on till- wall, j,'li(>,sts." I saiil " why tlid ynii not rail iiic last iii^rlit when this lia|i]M'iinl. " She said "I iliil imt IliiiiU it was so sniiiiis." I asked Mr. Mindoidx how it ha|i|i(iii'd (the arcidciit.) Mrs, 77.'t() I'irk was then leaning,' over thr I'liot'd" tin- lied. She said " I was ;,'oiri!,' to look aftrr llir tire t'oi tilt' iii;^dit, I i'l'lt my lii|Uor, and I tiiml>li'il ovrr him." She said that she t'rll a;^'ainst him.and that hi' t'fll a;,'ainst the stove. After the fever ahated that eveiiiii;,', his mind liecame as clear as ever. Krom the time 1 knew him, np to that of his death, except in .laniiary, when rihs hroken, luid in Decendiei, his physical powers wiie excellent, except the ankles, in which he had the rheinnat ism, causing,' a slniUlin;,' in his ;,'ait, or stiUhi-ss in the ankle joints, which prevented his walkiiij,' fast. Mr. MiM'dock made several allusions to Mrs. Peck drinkinj,;, and that it was impossilile for liim to keep her ; that her cookin;^ was so careless and filthy, and tolil nu that she had lietter seek for another place. That was in An^nist, 1.S7.">. 7740 In conversation with Mr. Mnrilock aliont a week or a fortni!,'hl after Mrs. I'eck left, he said; " I'm hetter situated now, — coiid'ortahly situated; and my dinner re^jular, and I can eat it with relish." lie told me that Mrs. Peck came with two trunks and took away a watj^'on lond. He alluded to a stove and .some silver spoons which she took, which he .said he woidd not have lost on any account, and he said he wrote to her ami n covered the spoons ami stove. Mo said he found his whiskey ;,'oini,' rather too ra|)id, and that he found Mrs. Peck frctpuintly in a state of intoxication ; that was when she was livini,' there. When I was attendinjf Mr. Mindock in .lanuary, 1^7"), ! saw her (Mrs, Peck) ,so much inider the inlluence of liipior, that she could not attend to .Mr. Min'dock. I did not sec her iif that state after tianuary ; Imt .saw her so hefore. Mr. Murdock was p.irticular in his food. He 77"»0 would not eat 1,'oose oi- lish, hut was fond of i-oast heef and nnitton, cahlia^'e ami ve^'etahles. F used to see Mr. Murdock frcipiently when he retired. llere(|uired no assistance, Imt could always dress and undress himself, e.xce|)t the times he was in heil, when ill in January and Decendier. lie was vei'v particular ahout his clothes and dre.ss, and almut his cleanliness. Such was always the case as far as I remendier, on the diHerent occasions when I ,saw him prepare for hed. He undres.st'd him.self and did not rcjpiire or leccivo any a,ssistance. When he would come from the ;,'anlen he would chanife his dress, his trou.sers, shirt, i*k'c., without assistance. 1 used to see him sha\e and wash himself fre(|Uently ; he reipiii'ed no one to tlo it for him. This was in the summer and autunui of 1.S7">. All th(( time tliat I knew him he was conscious of the calls of nature. Hi' had a weakness 77(>() of the hladdei' from youth. With the e.\ce])tion of those occasions, in .laiuiary and l)ecend)er, he did not, to my knowledi^'e, re(|uire assistiuu'e in ^'oin^' to hed. If such had iieen the case 1 would have lieen aware of it. He did not ie(|uiri' medical assistance with the exception of those times w hen I was callei I in. DuriuLr the time of Mr. Mui'dock's liein,<' in Luncnlmr;', ui) to the \wm M time of his death, I never saw him treat Mrs. Kaulliack.oi- she him, hut *vith couilesy and i-espcct. I never found Mr Murdock childish, or knew him to he j,'uilty of a childish act. Always to the contrary of that. In Auj^nist, I.S7"i, after the Kaulhacks moved into (he hou.se, Mr. ,\lurilock'H health and streii^'th was remaikalily stronjf. I nescr knew Mrs. Kaul/iack to take whiskey. F was her medical ailviser, and as such knew her hahits. Mr. Munlock was never, to my knowled;r(', hahyish, and I never knew of its heinj^ neces.sai'y 7770 to dean him. If it had heen so F would have known it. When F first hccame aci|uaintcd with Mr. MurdocJtii'i 1S72, his mind was dear and sound. I never .saw .Mr. .Murdock under the influ- ence of li(|Wrtr to my knowli'iljLfe from l'S72 to the time of his death. 1 ordered him three j^lasses ef whiskey a day my.self. 1 ordered him Imlf a wine f,'la.ss of whiskey to a tiunhler of water, and he would sit and sip that one tinnhler the whole evenin;.', and smoke in the meantime. I never .saw him take a second drink. F always found him sensihle. I met the Ftevds. Mr. Owen, Mr. Norwood and Mr. Fillis, most freiiuently Mr. Ellis, with Mr. Murdock and in conversation with him. He wa.s very decided in his views, and in law arguments with Mr. Kaulhack, and all (piestions, he was v(^ry decided, and in his ar<^umcnts on religion also. He would converse with me on chemistry and 77H() on materia medica. He often said that he was almost a doctoi' himself; that when young he sntlered from a .scrofulotis diisea.se, and liad so many doctors round. He would often say that »l' Ml- uv '■■ .1 &v '.•.>i ;■%■«.: i .l»,» t) cajtaiile of iiiiilerstaiiiliii^' (lie Imsiness ill wliicli lie was eii;,'a;.je(l. Ki'diii tlie time tliat I was acniiaiiileil witli Mr. Miinl, I have seen him iilnyini; "panics, hack^jammon, with Mrs. Kanlliack.and chess, of which he was very fond, with Mr. Kinilliaek. When Mr. Kaulliack left for Ottawa in .iMimnry I.s7ti, Mr. Mnrdock was in t'.xcellent hejilth for !i m;in of his years. After .Mr. Kanlhack left. Mr. Mnnlock took the control of the house. .Mr. and .Mrs. Kaulliack left on a I^unday. Mr. Miirdoek told uw so that eveniiiL,' ( they left,) lie said he was ni veil cliar;.;(' of the lioii.se, and he nsed to look after the fire and li;i;hts liefore retirim;'. ( 'ross-e.\amined liy Mr. Harrington: — .Mr. Mnrdock, e.\ceipt on the occasions referreil to in my diri'ct examination, was jihysically stroller. Mr. .Mnrdoek has com|ilained to me of a weakness in the Madder, Imt never of any other weakness in those organs, I deliiie l'ria|iisin to he an irritation of th<' kidneys and irinary orj^'ans and testes, lint do not think his coni|il;iint was of that descii|ition. W'eakia >s in those |parts does not aii]iroiicli softness of the luiiin. .Mr. Mnnlock had not an aHectioii of the spinal column. The first call to him for anything;' serious was the time of the lnokeii rili, Mr. Mnrdock returned from Halifax in IN"*', some time in <)/'".s//o//.--Supi)ose Mr. Mnrdock .said in Feliriiary, IN?.'), that he had lieeii twice all Imt tload ill tivo months, would that he true :* ^l7i.si!W'/' — I could not .say positively. He was not ill on the I Itli Keliruary, |iS7'>. Jle was tiot .seriously ill in I'Vdirunry, Ho sent to me for coneli mi.xture durinn' that time. (Jacsfiin).- — Was Mr. Mnrdock well for one di\v duriuLf the six months pn'C<'diiij^ March, 1 .S7.'> ? Avxim: — I considered him well from the time lie hroke his rihs uj) to Decemher. In IH72, '7.'$, '74, and jiart of '7'>, his eyesii^iit was very >^(»h\, never s;iw him wear specs. In April, '7'), he first conij)lained of weakness of his eyes. 1 do not think that in April, '7">, he could ha.V(! Iieeii so iinwoll as to fear death. There \vns no time dnriiie- latter jiart of April or early part of May. that he was too unwell to write, that 1 reiiiemlier. He could not have heeii so unwell as that without my knowing- it. Kxcejit in .lanuary ami Decemher, J always found his memory .i^ood anil sound, as far as I know. I do not know that lu.' had aiiv seminal weakness, he never " " ■ ■ d I 77! K) iNOO 7810 7S20 told ini- he had. He iiieiitioiied to nie in April, '7"), a din {fave him a wash iiiiess in Jus eves, and an itcliiiiif, am 7SS0 am ll'd He wrote up to the time of his illness, in Decemlier, 11S7"). Ho nsed to keep a little liook, hi m iiiai k d th own tnniii-s I saAV him on the 12th Novemlier, I fS7"), and other t uiies, duriiiff that iiKaitli. Hv had not a deadly fit of illness in Noveiiiher, or ahoiit that tin H( could go about the hon.se, and read, and recognize anyone in November. His sight was luit ihen impaired ; if it had been, 1 wonid have known it. 1 saw him f)n the morning of l.lth Novemb(;r. When I came from sei ilonr, with a novel in his hand, readinir and convers- eing llupert in the pat ing with Airs. Kanlback, 1 knew of nothing iiin)airing his sight. Up to the time of his death, I'd *"' ' i 1^ I .'\ ' * J. V (*• I y.\ son him innrking thiiij^s down in liis (liaiy. 1 ]>ri'.siiiin' 1k' (■(•uld sec wi'l! ciiniii;-]! to wiitc !U'iMiiiits during' tliat tiiiii;. 1 most fri'iiiiriitly met at ^Ir. Miiiiiocl'i's tlio Hcv. Mr. Owun, Ivcv. Mr. Mills, Rov. Mr. Norwood, Captain noaiic, and Mr. ('liarlcs llcamlsli. I could not say tlicrc was much 7SM) drinkinj^ there dui'liiLj my visit, i don't tliink tlic old gentleman drank nnich diirln^c the day. I Avuidd always tind Idm .solici' those evenini;s that I'd visit there. In the mornings and ai'ternnons, when I'd he tlierc, I'd always fouml him straight. I never saw him out of the way. Now and then Mr. Kaulliack would jmt out the whiskey. 1 iie\fi- saw Mr. Mnnhick oH'er anybody any wliiskey, while Mr. Kanlliai vas living; In tlie Ikusc. Previously, .several times he oll'cred me a glass of whiskey. 1 liave sn.^lt llijuor on Mi-. iIurr at a ])ie-iile, the I'Tth .Inly, 1.S7">. He stag- gered that time, hut could take care of himself. It was whiskey. I never saw anyone drunk, or under the intlncnce of liipior with liim in the hou.se. The walking was liad at the time. He did not tumlile at that time of the pic-nic. The Senator was not at the pic-nic that day. I was never at another jiic-nlc with Mr. Munlock. Several times Mr. Murdock appeareil very dlssatlslied with Mr. Beaml.sh. ilr. Miir(h)i'k volunteered the statement witli regard to his will. 1 was sur|irised at liis doing so. At tlio time of his doing so, we were alone in the room. .\t that time he appeareil unfriendly toward the Beamishes. I ilo not know of Mr. Kaulliack giving Mr. .Miirdock ILpior at any time. 1 know Mrs. William H. Morton, i never had any conversation with her with regard to "MiO Mr. Kaulliack .uivlng Mr. Murdock drink. I don't know of Mr. Murdock acting childishly on any occasion. In Deceinher, 1iM> Kaulhack and Rupert, and sometimes Miss (Jaetz were In tlie house. When they went away 1 thought Mr. Murdock was unusually well. 1 saw nothing shaky ahout him. Don't know of his having any deadly tit of sickness in Novemhcr, if It had heeii so I would have known it. Stephen Beamish was here the last of Se|itemher or first of Octoher, and I .saw nothing the matter with Mr. Murdock for some time after they left. I dill not, to my knowledge, say to Mrs. Morton, " It was not right to leave him with two young girls there," nor anything to that eli'ect. I don't reiiiemiier saying it to anyhody. I won't swear positively that 1 didn't .say it; 1 may have said It ; 1 may have meiitioneil it to my wife, hut have no recollection of it. QiK'fifioii. — Would you have said anything of the kind to Mrs. .hicolis If he hail heeii aMe 7>\'.H) to take care of himself :' Mr. Owen ohjects on the ground that witness has repudiated any knowledge of his having made the statement roferrod to, and also the ground of the counsel reasoning with the wltiu-.ss. r Ml '•>^'.V'' Judyc admits (jUL'stion. Atifiirc): — I have no recollection of sayin;,' it. Mr. Murdock was in never seen her drunk since tlien, l>ut have snu'It li(juor on her breath since tlien, in A])ril and since Ajn'il. I saw her drunk about (,'hristmas, 1S74. All I know of Mrs. Peck's drunks was on those three occasions. STANNACJE JA(;OBH, Sworn to at Lunenburg, in the County of Lunenbui'jf, the 2fith day of October, A. ])., 187(5, before me, fJEORGK T. SOLOMON, Jadije uf J'tvhatc. 7!»00 COURT OF WILLS AND PROBATE, CO. LUNENBURG, SS. In the matter of the proof in solemn form of the alleged last will and testament of Beamish 7910 Murdock, late of Lunenburg, in the County of Lunenburg, Barrister-at-Law, deceased. The examination of Edna H. Kaulback, of Lunenburg, in the f'ounty of Limcnlnu'g, taken before me, George T. Solomon, Judge of the Court of Wills ami Probate, and for granting letters of administration within the County aforesaid, this twenty-eigiith day of October, A.]). 187(1, who being duly sworn, deposeth and saith : — I tirst became accjuainted with Mr. Murdock in summer of 1872, 1 think. I am the daughter of Mr. Kaulback. I lirst met him at oiu' own house. He was down at our house every day that it was fit for him, of his own free will and accord. Nearly every day that it was tit, he took dinner and tea at our house, and sometimes breakfast, and s])ent nearly every evening there. I 7020 was frequently engaged in conversition with him. ()ur tire happeiieil July 2!Hh, 187."). Mr. Murdock was in the habit of visiting our house in the way I have dcscrilied, up to that time. I speak of the time I Avas at home, i'art of that time I was at boarding-school in Halifax, about a year and a half. I was always at home during the vacatiims, ami was at home the time of the tire and about a month iiMUiediately pn'cediug it. My mother and father took up tlieir almde at the Oaetz's inmiediately after the tire, and remained there a1>outa week or ten days, perhajis. During that period, 1 met Mr. Murdock several times at the (Jaetz's. Quf'stiini. — Did he extend any invitation to your family, and if so, Mhat was the nature of it? (Harrington olijects to any answer to this question.) 7D30 Aumi'ci'. — He otlereil to come up and make his house our home. He wanted us to come up and make his house our home. Manuulesome objections at tirst. He said he could easily enlarge the house, and that, while the enlargements Avere going on, he could board at King's hotel. He -it' repeated the invitation several times, on ditlerent occasions. We decided to go at last. I did 'S^/' • ' lp^ ' g5 , / !'■■ » * ^ " < (I, :^: 't » V. ( fSf, v.i x> ' w M to til ii pa 155 Wf ni not go until about ton days after my fatlicr ami iimtlier Avent. I was at iiiy <^ran(lfatlici's aliout ten (lays. I took up my abode at Mr. Mindoek's a few days after Mrs. Peek left, and have resided there ever since. From the time I went there to live, up to that of Mr. Mnrdoeks death, I saw him every day. I spent much time with him. He always took his meals with us. He always said grace himself at the table. We always had evening i)rayer. He scheted a passage, and I or ma or pa read it, and he ortereiano, and of playing chess with Pa, until he (Pa) went to Ottawa in January, bs7(), 7!>7() G. T. S.") I .saw him translating that in November, LS7"), and difierent times j)reviously during that year. That is my own writing on the last page of this book. 1 read the French and he translated it, and I put it down in accord.ance with his translation. That was in November, afttT the will was made. During the year 1th, bS7(), ])laced in hands of 7!'N() witness.) Those are the very same papers I wrote for ^Ir. Murdoek, as referred to. Ht; ("Mr. Murdock) said it was a final settlement between lV!r. Charles Jieamish and himself. They were together in the sitting I'oom a long tiuK.' alone on that occasion. Mr. Murdock said he wi.shed to be buried alongside of my brother Willie, who died about a year previously. Mr. Murdock had known Willie. 1 .saw Mr. Miudock read and write up to the time of his decease. He sometimes complained of his sight. Soiuetimes it was better than others. I mean by " up to time of his decea,se" up to January and February. I remend)er one time in particular I met Mr. Murdock in the study. He was reading a paper he then held in his hand, and askeil me to read it to him, stating that it was the draft of his «»' W J i ^ n >: ' f * ''I n?'/* .' ' 1.-. ,^ \' V 1 -'V ' •Mi • • , 1 * 1 M. ■> *.' i' 1 » * ; » ^*\ >• ' ,' <» 4 * • ( ^ '* '^ , « i •> ' ' ' » i-''\ « ^V-.-. .' fil;, 1 .-)() T"^ 'II .•»'l lii'ing 1)111 ^vill. Tliis was in Xovcinlicr, IS?'), alioiit n week licfon; liis will was cxociiti'd. Ho was alone in 7il!)0 t]i(> roMiii, ami asked me to n-ad it slowly, wlucli I did; and as I went, alon;^ ho dictated sonu; intci'liiu'atioiis and additions, whicli 1 inserted in Ids presence and at Ids i'e(|Uest, and read the additions with the other ])ortionH of the draft to him, of all of whicli he aijjjroved. He then asked nie to mention nothing;- aliout it, and eonse(|nentiy I did not. At the time Mr. Mnnlock handed n'le the draft of the will to read, the hody of it was in my father's hand writinj,'. There nnijht have lieen some interlineations in Mr. Mnrdock's hand writinjf, hut 1 don't remendier. After I had read the di'ai't with the interlineations referrt'd to, 1 handed it to him, and he looked (jver it and folded it iiji and ]i\it it in his desk. (Jiii'st'nni. — ('an yon state the natiu'e of contents of any one of tho.se inte'rlineatioiis, made hy you ; if so, state it. KOOO Mr. Harrington ohjects. AiiKirn: — 1 remendier ]iaiticuliirly 'onlu'r own jiersonal ami individiuU recipt in writing,'," of the interlineations. Qiirsfidii. — ( 'au yoii ,mi\e the n'eneral ])Ur])ort of the draft referred to, with respect to the i :.^^ 1.' •". /^ . ^ ' ''.\ •- sv,. - V^^'". t« ', • ^';^». 4 t • * ' Iv » * ^ « "I*- .•^■:" '« ^\ ^ •' i> V-^r^'i *J'i #« %• ^r., • .' 'V :i .^:';« \ ^ » ' ^ * .*» ? J t I. '.7 (Jiidf^d rules (|Ut'sti<>n out.) 1 novi'i kiU'W hill) drimk, and iicvt-r sjiw liiiii under tlif inllucncc of liijunr. I was never at a pic-nic when; Mr. Murdoek was drunk. In referriii",' to hooks, as I have stateil, Mr. Murdock would refer to |)assii;r|.s, and tell me whoro to find tliem in the hooks. This was not paitieuiurly in fonueetioii with Krench translation. 1 ronunnher tlie nie;ht lie dieil. 1 went for the doctor myself. N().")0 Qiicnliin). — What did you say to the iloetor when you went i'oi' him ! (Ml*. Owen ohjec'ts.) AviU'i'f. — The doctoi' was with him two or three times the day hefore, anil in the eveninj,' twice, and said he'd stay with him all nii^ht, hut that his mother wis sick, and he'd have to sit up with her; anf my own knowledge, I cannot .SOiJO say when the will was made : hut from what Mr. .Mui'dock .said hefore, 1 supposed that Mr. K. Solomon cand Mr. Wentzel came nj) on the Monday morning to see it executed. 1 suppose that the translation of the French hook was made after the will was made, liecatise 1 sup]n)seil the will was made on l')tli Novemher, when Mr. Solomon and Wentzel were there. When 1 lead the draft he asked me to ,say nothing ahout what I had done. I did not tell any one until after his decease. Never thought, anything ahout it, or tioiihled myself ahout it. To my knowledge, his memory was very good. I judge hy his referring to dates and other things. I don't rememher his saying his nu'iiiorj' was had, and that he coiildn t trust it. I was ■'M w (.4 *■ 5-- ;■" '• . ■;.♦•■ il if:<:'- ♦;. r;: 'K « .'.' «r'^, ;» Oi » f. s » Wl ►*1V Ml at homo in March, 187.'), I always found liis lufinory '^uml. T found it tin* sauu' in Manlior tlio winter of 1S7.'), as at any otlior tiiiio. It Avas ahout a week before the 15th November, tliat I made the draft of the will. EDNA H. KAULHACK. Sworn to at Lunenburg, in tlie County of Liuieiiburg, the twenty-ei<,'hth day of Uctolter, A. D. 1870. Before me, GEO. T. SOLOMON, •hlilijl' {tf Vrithiltr. 8100 M COURT OF WILLS AND PROBATE. CO. LUNENBURG, SS. In the matter of the proof, in solemn foiin of Lav, of the alleijeif laxt Will and. Ti'stmiwut of Beaminh Mardock, late of Liinenburij,in the Vonn(>/ af>rc>iaid, Barrlnter-at-Laiv, 81 10 deceased. The examination of Revd. Henry L. Owen, Rector of the Parish of St. John, Lunenburg, in the County aforesaid, taken before me, George T. Solomon, Esq., Judge of Probate of said County, this twenty -seventh day of October, A. D., 187(5, who being duly sworn, dcposeth and saith : I am a clergyman of the Church of England. Have been a resident of Lunenburg for 24 years as Rector. 1 was acquainted with the late Beamish Murdock. I firsit made his acquaint- ance about four years ago in Lunenburg. I remember his being at King's hotel when he first came to Lunenburg, and after that resided in the Moyle house. He was away the greater part of 1874, returned in the fall of that year and purchased the house in which he died. I was in the habit of 8l:iO visiting him in the Moyle house and also in the house in which he died. Was also in the habit of meeting him at the house of Senator Kaulback frequently. Mr. Kaulback's fire was about July, 187."). I know of the Kaulbacks moving into the Murdock house shortly after. .Mr. Murdock was speaking of the great kindness he had received from the Kaulbacks, and said he was glad to havt a home to share with them. He told me tliat when he first named it to them they were unwilling to come, that the house would be too small, and that he told them he would enlarge it, and that in the meantime he would board at King's hotel. From the time of the fire to Mr. Murdock's decease I was in the habit of visiting at .Mr. Murdock's house about every fortnight, and was in the habit, on those occasions, of meeting .Mr. Murdock. I would frequently remain an hour, sometimes longer, I was so fond of conversation 8130 with him, and would, during those times, generally be engaged in conversation with him. I often met him alone there. Sometimes n)y conversations with him were strictly as his clergyman, on religious subjects, and I say this as he has told me that he told the family they were to consider me as his clergyman, and whenever he was sick to send for me as such. Sometimes our conversations were on languages, sometimes on history, sometimes on his past political career. On those different occasions he conversed most intelligently. I found his memory excellent. Previously to the fire at Mr. Kaulback's I was in the habit of conversing with him on classical and literary subjects, and on religious subjects at his own house previously as well as subsequently to the fire. I have been iu m ■<• 1 i<< ^^M' *»■ ' ■ K -i "It ' * l^^t.' .'■ . •'' '%'iis,*.- * ', • * i 'm .?'■'::■(• /, •) 1 1' t^UAN V .'1' ''V ■ w*^ t. »,.. -' it%'7'y ! ;- T .i'' ,fry ISO his lil)ruiy with liitii ; I miiy ''iiy wo uiways Hiit tlicri". We would he conversing on Hiilijccts of luni,'iiiig»', or literatim-, or liintory, and he would refer readily to vnlinnps hearini^ upon the Nnl>je( t. HHi) lie had no ditlieiilty iti Hnding any ])artienlar hook he wanted. I have f°re(|nently hcen in his fjarden l)oth lietore and after the fire. In the sprin}^ of 187.'), when he was putting' ont his cei'd, I was with him. I reimMniirr heini( there, too, nt the fruit or crop gatherinf,'. I never went into the M;a;den withont \Fr. Mnrdock. I havt; had conv(>raations \>ith liini with regard to hi<< It l^' >4 oJ ' A m ".♦p » hA I(i() used to complain somctimos, during the latter half of last year, that his si^ht was weak. I can't say that I saw him read during that time, because generally my object was to read to him. I liavu no reason to know or believe he was not able to read at any time. Cross-examined by Mr. Harrington : — After his return from Halifax in 1874 (in the Fall of that year), I became most familiar with him. In visiting at his house I did not often meet other persons there. Have met Dr. Jacobs there several times during Mr. Murdoek's sickness in Decoml)er. I may have met Mr. Ellis there. I remember once, but do not remember more frequently. I have also met Mr. (Charles Beamish there. Have never met Mr. Norwood there. I have seen liquor (rye whiskey) there 8~()0 during my visits. It was in a decanter. I have seen Mr. Murdock iminbc. He used to p jur a small quantity of liquor into a tumbler and fill it up with water, and would sip it. I never sat out one tumbler. Have never seen him drink a whole tumbler of that mixture. Sometimes when I've gone there this liquor has been standing on the table. I have never seen Mr. Miu'dock pro- duce it. I remember seeing Mr. Murdock at a Sunday-school picnic. ' I have met Mr. Murdock several times at Mr. Kaulback's house, and also in the street. In walking, he had a stumbling gait, but I never gathered the impression that ho had been drinking. His memory was excellent, with regard to history and his past political life. I saw no change in his memory. 8210 Question. — Can you account for Mr. Murdock having stated of his own memory, " that ho couldn't trust it." (Mr. Owen objects on the ground that there is no evidence of Mr. Murdock ever having made any such statement. 2d, That it is reasoning witii the witness. 3d, That the witness is not here in the position of an expert, for the pur[)ose of answering any such question.) Ansiver. — He never made such a statement to mo. In the spring of 1875, I think, Mr. Murdock feL r.nd injured his ribs. I did not, at that time or at any other time, except during his sickness in December, observe any defect in his memory. I recollect the occasion of Stephen Bcamish's visit. I am not aware that after tliat visit Mr. Alurdock had any physical illness until December. I have no recollection of Mr. Murdoek's having 8220 been taken with a deadly fit of illness between the time of Stephen Bcamish's visit 29th November. He complained of the visits of both Slephon and Charles Beamish. I have never seen Mr. Murdock in company with any one who was drunk. When Mr. Murdock asked me to write the note and card he was reclining on the sofa, and did not then complain of his sijjht. As far as I know he was strong enough to write, and was so to the Saturday before his death, except during his illness in December. The Saturday before his death, to show that 1 had no idea of his being so near his end, I was reading to him a book — " The Last Days of a Philosopher," by Sir Humphrey David, and left it with him to read. HKNRY L. OWKX. Sworr to ai Lunenburg, in the County of Lunenburg, the twenty-seventh day of October, 8230 A. D. 1876. Before me, GEORGE T. SOLOMON, Judfje of Probule, Iff I m 1. i MP i'f'*\ '. ill tf», If' a,.:. h>'^. It Ay "( w* 161 IT, ift COURT OF WILLS AND PROBATE. CO. LUNENBURG. SS. In the matter of the jiruof, in xolnnn fovDi, of the aUeijnl hist Will uml Testament of Beamish Mnriliui-, lute of Lunrnhn ly, in tlic County aforesaid, Barrister, deceased. The examination of Anna Burn, of Lunenburg, in the County of Lunenburg, taken before me, George T. Solomon, Esquire, Jiid<;c of the Court of VV^ills and Probate, and for granting k'tters of Administration within the County aforesaid, this 27th day of October, A.D., 187G; who being 8210 duly sworn, dcposeth and saith : I lived just across the street from Mr. Murdock's house, up to November last, when I moved a short distance away. I was living across from Mr. Murdock's all the time ho was living in that house, previously to November, 1875. My husband lived there with me. Mr. Murdock was my nearest neighbor. Mrs. Peck was living at Mr. Murdock's house from the time he moved into it up to a short time; after Mr. Kaidback's fire. I saw Mr. Murdock almost every day up to the last November, 1875, when I left there. I entered into conversafior. with Mr. Murdock several times. Found him very sensible. Every day, when it was nice to work in, he'd be in his garden, up to the time he took the' things out of the garden in Fall of 1875. I know Mrs. Peck. During all the time I knew Mr. Murdock, I never knew him to be affected by liquor. I was 8250 frequently at his house up to November, 1875 ; was over ,ibout twice a J.:'y. ^c'u nearly all my water there. Question. — If you did not see Mr. Murdock, did you see Mrs. Peck under the influence of liquor ? Mr. Harrington objects, that Mrs. Peck's drunkenness or sobriety has nothing to do with the issue of this case ; also, that this question is leading. A7iswer. — Mrs. Peck %vas in the habit of drinking during the whole time she was living in Mr. Murdock's house. I used to, often, see her staggering about the street, and 1 smelt it on her. I often saw her in a drunken state when I went over to the house for water. I never saw her drinking liquor in the house. One evening, after Mr. Kaulback's fire, she was sitting on the S^fiO stoop, so drunk that she couldn't move. The night the fire was, the street wasn't wide enough ' for her. Question. — Did Mrs. Peck make any statement to you relative to this matter in dispute, if so, when and where? Mr. Harrington objects. Judge rules question out. Mr. Murdock dressed very tidy and looked very clean and neat. I never saw Mr. Murdock working in his garden on Sunday, ami I could look right across into his garden, and if he had been working there I could have seen hiin. Cross-examined i)y Mr. Harrington : — 8270 The last of last November I moved down into the lower street. Mrs. Peck is an ugly naturcd woman, treats people uneivily. She said something uncivil to me often when I went there for water. She refused me getting water there. Mr. Murdock told me I could have it as long as there was two buckets full in the well. There was a row, it was all Mrs. Peck's fault. I never had much to say to her after that ; but she used to be in my house thn^e or four times a week after that, but I did not go to her. The disturbance took place in June. We talked when she came; to my house. We got along pretty well after that. I used to speak to her when she came to the house, and when I met her in the cellar. We had no Hare up after that. I did not associ;ite with licr when I found she was n drunkard, but when she talked to me I had to speak to her. I saw W -*,'; M^. ►»«. >ji' •(>".» y\ s . '»■!■* :r:i. f ^ f my U-i 1G2 Mrs. Peck the morning of the fire about 2 in tlio morning ; she went down as far as Dr. Aitkons', 8280 and turned and staggered iiomc again. Tlie house was burning at this time, and the nhirm of fire had been given. I asked her what place it was burning, she said she didn't know, that the whole town was a-firc. I was going down to look at the lire. I smelt the liquor on her. This was in August, I think. The fire n)ade it light. I was near my own house, had come out of tiie door, and she was half across the street. 1 went up close to her. When I spoke to her I was on the sidewalk and Mrs. Peck was in the middle of the street. Siic then went the same street I did. She staggered along ; I went straight along on the sidewalk. Sometimes she staggered over against me on the sidewalk. She used to send for jugs and bottles enough ; she used to send my boy. The jugs held about a gallon. Can't tell how often the boy went. He went as often as once a week w ith the jug, and very often for bottles. She did this all the time she staid at Mr. 8290 Murdock's. The boy got the liquor at ^Irs. Mctzler's, I think. 1 did not stop the boy from going, because he went her errands. Question. — Did you try to stop your boy from going for the liquor ? Mr. Owen objects. Judge rules the question out. He is a pretty large boy. The night of the fire I walked close alongside of her sometimes. She used to go over and over the street. Her clothes and breath smelt after liquor. After she said the whole town was burning, she went down as far as Di. Aitkcns', and then turned and went back again. I could not have helped seeing Mr. Murdock in his garden, if he had been there, on Sun- 8300 days. He always went down to Mr. Kaulback's on Sundays. I could see all the garden, except where the hens' coop was, and outside the coop where they walk. I always saw him week-days in the lower garden. I usually occupied the south room of the house, nearest Mr. Murdock's. I will not swear there was not a little bit of the garden I could not see. The kitchen was on both sides of the house. I don't know how much of the garden there might have been that I couldn't see. lie-examined by Mr. Owen : — Question. — You stated in your cross-examination that you thought your boy got liquor at Mrs. Metzler's for Mrs. Peck. Do you know, of your own knowledge, that such was the case ? Mr. Harrington objects. Answer. — I do not know it of my own knowledge. 8310 Question. — Do you know, of your own knowledge, that the jugs or bottles, referred to by you, contained liquor ? Mr. Harrington objects. Answer. — I don't know of my own knowledge, only what the boy said. M^\ ANNA X BURN. Sworn to at Lunenburg, in the County of Lunenburg, the 27th day of October, A. D., 1876. Before me. Being first read and explained. GEO. T. SOLOMON, Jadtje of Probate, • 1* ' ? f >.fT ',\ ' .i»^ '< V ; 1 :?■ ♦ »'« ^ r,, > I V + t » si-i k;:} -^.J. COURT OF WILLS AND PROBATE. 83!]0 COUNTY OF LUNENBURG, SS. In tin; matter of the Proof, in Holemn fonii, of the al/eifeil htxt Will 1| COURT OF PROBATE. .S400 CO. LUNENBURG, SS. To William Howe, of the City of Halifax, in the County of Halifax, Barrister-at-Law and Regis- trar of the Court of Probate for .said county. Greeting. Whereiis the last will and testament of Beamish Murdock, late of \ Lunenburg, in tlus County aforesaid, Queen's Counsel, Doctor of Civil Law, and Ixiaring date on the fifteenth day of November, in the year of Our Lord one thou.sand eight hundred and seventy-five, is nf)W under proof in solemn forin, in said CoiU't, and the validity thereof contested by Charles Beamish and Henrietta James, parties interested in the estate of tlie deceased, under a former will of the said Beaini.sh Murdock ; and whereas Stannage Jacobs, of Lunenburg, in the County aforesaid, M. 1)., fm w- ■•• '■> wei< T''' .' 'jr.; l.vy .%« r» ' ^iv 1({5 a witiit'ss on liclinlf of n'spoiidciits, diil on tin- twcnty-sixtli day of OctoliiT, instant, in tin- saiil Co\irt, liofore nic, at Ijuncidmr;,' aronsaiil, mi tin' crosM-cxaiiiination of liini, (lie said Slitiinii^fc Jaeolis, liy Sydney llanin;,'t()n, Ksi|., on iiclialf of said ipcfitioncrs, statr as follows: " I know Mrs. William II. Moi'ton. 1 never liad any <'onveisa(ioii witli lier with rey;ard (o .Mr. Kaulliaek ;,'ivinj^ Mr. M unlock drink. I don't know of Mr. Mnrdnek actin;,'eliildisldy on any uceasion. in Decendier, 1M7'>, Mr. Mnrdoek was low in Ids spirits. Me did not ask ine to ^dve liini sonietliiiij^ to put liini out of till! world. 1 never told Mrs. Morton that he did. I did not say to Mrs. William II. Morton in my own house soim^wheie aliout the end of tlie year In7.'>, that Mr. beamish Munloek wa.s childi.sli ; that Mr. Kaulliack had the old ;^'entleinan drinkin;^', and that Mr. Kaidhaek knew what he was aliout." I ilo not remendier havin;,' any conversation with Mis. .Morton relative to Mr. Murdock and Mrs. Kaulhack. I , to Mrs. Morton that Mr. Murdock wanted me to f,dve him soiiietliin;,' to put him out ot the world. I nev(!r heard Mr. Murdock say Ik! was in love with Mrs. Kaulliack. I never lnard Mr. Kaulhaek say to Mr. Murdock that he wanted him to j,'ive him that watch, and I never heani Mr. Miiiduck refuse to f,dve him it. The only time I ever heard anythin;,' alioiit the watch was when .Mr. Murdock tohl me aliout his will. Qiii'ntion. — Did you not earlier than Decemlicr, I.S7.'>, in yoiir own house, say to .Mrs. Morton, that Kaulliack wanted Munloek to j,'ive him his ;;dld watch f AtiHivt'r.—Ni). Qaestinn. — Did you on aliout the end of IH7'), ami not earlier than Decendier, in your own house, say to Mrs. Morton, that Murdock .said, " No, Kaulliack, you won't ;,'et it." That Kaulhack ayain insisted on having the \vat(rh, ami Murdock said " No, that watch is fur some one else '" Anawer. — I deny that. I did not, to my knowledije, say to Mrs. Morton, " It was not right to leave him with two youn^f ;,Mrls there," nor anythiiii,' to that ellect. J don't rememlier saying it to anyliody. I won't swear jxisitively that I diil not say it. I may have said it. I may have mentioned it to my wife, hut have no recollection of it. And wlu^reas the said jietitioners hy their counsel pray that the deposition of Mis. \\'iiii;im H. Morton, who resides at jireseiit in Halifax, as set forth in the aliida\it of Sydney llai liiiiftim, one of the counscil of saiil jietitioiiers, may he taken hel'ore some person duly authorized liy (ledimiis potestatem, granteil hy nic, the .Iiidjit! of said Court, touchinjf the matter aforesaid; and also that the deposition of ( "liarles Heamisli, who also resides at Halifax, ma\ 1 e taken solely for the purpose of relmtting testimony, j,dven with referenct; to certain statements allej^ed to have heen maf I'rol.uh: S|.2() .s4;u) .S44() .S4.-)() «n The execution of the Avitliin writ will appear hy the pajier writings annexed, markeij A and B, being depositions of Agnes T. Morton and Charles lieamish, taken hy ami before me this day. .s+(i() Halifax, November 2.")th, 1.S7(;. WILLIAM HOWK, linjlslnn: it 'VI • .) It.. .'.''F* ' .' - 4 I?*: I". ..-1 fi' .' , ■ ^1 :,-N.. . <:?_ Kii; COURT OK IMlOBATlv LUNENBURG, SS. fn thi' viiillir i)j' ihc iflll n nil inhitr o/' Hitniilsh Mn rili>il,\ fnriiurli/ nf lldlifn.i', dm iitij of Jliilij'n.i', ' KK(jiilri', (j. ('., <('•<■., lull liixl of l.ii iii'tiliii ri/, ill Kiilil ('ml nil/, irlnir In' il'ivd. Witnesses cxaiiiiiifil at Halifax, N. S., iiihIit writ of (Iciliiinis from sai. We were tnlkiiiLf atiout Mr. Murdock. I was not then aware of any will. Dr. Jacohs said .Mr. Muiijock was childish, lie said Mr. Kaulhack had him drinking; and noddinj,'his head. He .said Kaulhack kui'W what he was alM)Ut. Ahout tlie .s/mie time of that year and at the same place he saiil Mr. Mindock wishe(| him to ;,'ivi' him somethiii;; to put him out of the world. I had anotlier convei'sation with Dr. Jacohs ahoiil Mr. Murdock's ^'old watcli. S+SO The Dr. said that he was present when Henry Kaulhack said to Mr. Murdock, " Murdock you must jfive me that j^old watch," and that Mr. Mindock saiil " No, Mr. Kaulliack ;" that Kaidhack said, "Oh you nnist ^ive me that watch ;" Mr. Munlock replied, "Oh, no, Kaulhack ; I ha\'e ;,'ot tlmt for someliody else." At another time I )r. ilacohs said it was not rij,'ht to leave two youn;^ girls with Mr. Murdock, tliat is to take char;,fe of him. He tliou^dit it should he an elderly person as Ml. M'irdock >\as not ahle to wait on himself. This is all I recollect, except that this last con- versation was in Dr. .lacohs' housi; and somewhere ahout the end of I.S7'». I moved from Linien- Imrg to Halifax ahout Kith October last. A. S. MORTON. Rwnrn to at Halifax, this 2.")th day of Novemlier, A. D. l.S7.'), |pef
    0 
 virtue of Writ of Dedimus to me directed hy tlie Court of I'rohate, for Comity of Lunenhur^'. 
 
 WILLIAM HOWK, (^. C., 
 licil. Cull rl J'riihiili', Coinili/ nj J/nli/ii.r, A. S. 
 
 he is a hrother of 
 Kdwin Kaulhack 
 him to meet me 
 
 Charles Beamish, one of petitioners, 1 eintf sworn, deposes and .says: — ■ 
 
 (Examined hy Mr. C. S. llarrini,'ton.) 
 
 I am one of the Petitioners in this matter. I know Eilwin Kaulliack ; 
 Henry Kaulhack I thiid<, I am not sine. I ha\e had one convers.-ition with Mi 
 at Kinif's Hotel, in Luneiihni'e', alioiit Mr. Murdock and Ids will. I had asked 
 there to open and I'cail a former will of Mr. Murdock's. A "General conversation took jilace ahout 
 Ml-. Mnnlock and the will I am now contending,' for. The conversation took jilace in the (^vcni.ij,' 
 of the day of Mr. Murdock's funeral. I did not say to Mr. Edwin Kaulhack then or at any other 
 time that I ■was not suprised that Mr. Murdock was annoyed witli me and my family. I iliil not 
 say that Mr. Murdock had to leave Halifax in consiMpicnce of either my.self or my wife tellin^LT him 
 he could not remain at our house. 1 diiln't say that I had any rea.son U) sii]>pose that Mr. 
 Murdock bote any ill will to my.self or any member of my family. 1 did .say U) .Mr. Edwin Kaul- 
 
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 167 
 
 back tliat on one occasion in 1874, when Mr. Munlock came to my house from Lunenlmrg in tlio 
 evening, I remonstrated with liim for some familiarity with my servant girl at the front door as 
 she opened the door for him. Ho was thisn intoxicated. I never said and I emphatically deny 
 that I said to Mr. Edwin Kaulliack that any ill feeling liad sprung up lietween me and Mr. 
 Murdock. I deny that Mr. Murdock left my house in conseS.')20 
 said evidence to be legally admissible. 
 
 I consider I have no authority imder tlie Dedinnis to receive sudi further evidence, .and 
 therefore reject Mr. Hairington's ajiplication. 
 
 W^ HOWE, RefjUtiiu; <£r. 
 
 M 
 
 Received 30th Novemlier, 1876, 7i o'clock, P. M., and filed sulji'ct to protest and affidavit 
 filed by W. H. Owen, Proctor for Respondents, and to his objt-ctions for illegality and \va!it of 
 notice, kc. 
 
 0. T. S. 
 
 Not received in evidence for reason .set forth in W. H. Owen's atHilavit, dated 27th Novem- 
 ber, 187G. 
 
 (J. T. S. 
 
 8.-):}0 
 
 N'n. -2. (i. T. S. 
 
 Ll'NKNnunrs, Saturday, 12th December, bS74. 
 My Dear Charles, — 
 
 I telegraphed to you in conse()n('nce of not hearing fi'oni you for a wi'ck afttT 1 wrote. 
 But I got your letter next day, which set things all right. 
 
 But I got your letter of the lOth December yesterday. Please keep the deposit reeeijit 
 for the 7,000 dollars until the 30 days notice expires, and then send me the S400 and the deposit 
 receipt per mail. I notice l)y the Almanac that no one Post Office Order can be i.ssued for more 
 than SlOO, .so I thouglit the .safest way was to send me four such orders. 
 
 If it is not giving you too much trouble, I would like you to Imy me three red cabliages 
 and tie them with a string of twine and a card, and put them alm.trd the packet or steamer, direct- 
 ed tome. I cannot gtit a w/ cabbage in this County. If you could buy me a few pounds of 
 mnccarovi, it is a kiinl of thing made of floiu", larger than vermicelli; and a few pounds of Midi- 
 fax sausages, they would be very acceptable, and I can re|)ay you the cost, a small raisin box 
 would hold them easily. 
 
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 eke, .J^^r ^Si.;;;?;'iS i;rB!,t^i SiS'^ """" " "- ""■• »■"•"- 
 
 1 am noM- settle.! in my new (ol.i) liouse very comfortably. 
 
 Ever yours truly, 
 
 (Sfl) BEAMISH MTTRDoeiv. 
 
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 No. a. G. T. S. 
 
 My dear Charles,— Lunknuuwj, 30tl. Dec, 1874. 
 
 I got the niacearoni an.l other thin-.s you .shipped me all .safe 
 enclo.se it r;."'" ''"'" *'' Mi.ss Norris, an,l hope to have her reply .shortly, when I will 85C0 
 
 partly i3^!;lt::j^lon,SS';X '^' ' '''' '''^'''' ^'^^^"^ ^^^^-^ ^^^'-"^" 
 be obliieVi?lo™id t^dPhir: T ^"^d' ^"^^ Store Stationers Hall. Hollis Street, I would 
 are forf yolm^g U; "lero ''"' "" ''"'' ""P"*"''"' "^""' '^''^ ^"^'^^^'^^^ ^'«'*'"g ^^^ds. They 
 
 and Miss nfulSa*;"* "'"P'™'^ of the .season to Mr«. Beamish and yourself, and to Minnie, 
 
 I remain ever truly, your affectionate cousin, 
 Charles Beami.sh. Esq., ^^'^^- BEAMISH MUIIDOCK. ,s.)70 
 
 101 Queen St.. Halifax. 
 
 No. 4. U. T. S. 
 Dear Charles,— Lunkxiutho. 31st Dec, 1874. 
 
 With love to all in your hou.se. I remain yours, ever atiecti.^nately, 
 CHAKLE.S Beamish, Esq., ^^''^- BEAMISH MURIWCK. 
 
 101 Queen St., Halifax. 
 
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169 
 
 No. 
 
 (J. T. S. 
 
 Li'Nk.nhijk;, 4tli JtinV, IS?'). 
 Dear Charles, — 
 
 I got the deposit receipt and post office orders all correct. They came witli a iet'cr from 
 you of 28th December, and I received them Tuesday last, the 2!)th DecemluT. Ne.xt day 1 AvmU" you 
 acknowledging the receipt of them, and also stating that I had written again to Mi.ss Nt)rris. I have 
 now to acknowledge yours of the 31st December, which I did not get until 2d January, Satinday. S.'jOO 
 As to the loan of S2,200 on mortgage, I am quite agreeal)le to it, provided the title is clear on 
 that point. I wish you to consult Akins, as he is the most experienced man in the profession ; 
 and if he is .satisfied with the title, the mortgage, deed, &c., I know my money will be safe. I 
 enclose back the deposit receipt for the SO,COO in order that you may draw out the .^2,200 if all 
 proves right. When the mortgage is recorded you can enclose it to me with the new 
 receipt for the $4,400. 
 
 With best love and respects to all my friends in Halifax, and wishing you and 
 happy new year, 
 
 I remain, 
 
 Your affectionate coasin, N'iOO 
 
 (Signed) BEAMISH MURDOCK. 
 Charles Beamish, Esq., 
 
 101 Queen Street, Halifax, N. S. 
 
 k']K)sit 
 
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 No. (J. (i. T. S. 
 
 MeVHEU (!()TTA(iE, 
 Lunenburg, 10th January, IcSj.'). 
 Dear Charles, — 
 
 When you get the money to invest on mortgage on the deposit receipt, 1 wish you to ilraw 
 out also one hundred dollars anil send it to me in a post office order, as I find I shall want it 
 shortly. I am going to pull down two barns, ami then make a new fence round my jircinisis, SdIO 
 which are 55 feet wide and 120 feet in length, facing on three streets. My old cottage has liecn 
 repaired on the outside, and is very warm Jind comfortalile ; and in the spring I will repair and 
 new paper inside. I have three rooms antl an excellent kitchen all on the one fi(((>r, and overhead 
 a large room for Mrs. Peck, besides space enough to hold old trunks, iScc. I have a vitv sjiaeious 
 dry and frost-proof cellar, 1 think the best in this town, and an excellent well of water in it; 
 room enough for fuel, vegetables, iVrc, and to spare. I hope yon will come this way in the spring, 
 if not sooner, a.s I shall be proud to show you what a comfijrtable cottage I have got. 
 With love to all my Halifax friends, especially to your family. 
 
 Believe me ever 
 
 Your art'ectionate cousin, .S(i20 
 
 (Signed) BEAMISH MURDOCK. 
 
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170 
 
 No. 7. (!. T. S. 
 
 Liiiieiiliuri,', lull Ffliiuaiy, I.s7'>. 
 
 MvitKU ('(flT.UiK. 
 
 My I)i ar ( liarloH, — 
 
 I hav«! just ri'ft'ivt'd your It-ttor dntctl the !>tli of this inontli. I now n'tiini you tin- deposit 
 recuipt for !?(i,i!()0 fiidorscd l»y inc. 
 
 I wish you, as soon as you tan do it, to draw from the Branch Jiank !?2.')() (two huniir<'d 
 and fifty doUars) and remit it" to me in post office orders, as I will have in-;,'cnt neeil of it. Take, 
 then, from the Bank one deposit receijjt for !?2,200 separate and keep it liy you in order to invest 
 that amoinit at interest, on a mort}jraj,'e, if you can hy-and-hy find a ^'ood .security and fail' interest, 
 and take anotlier deposit rec<'ipt from the Bank for the lalancc of '^4^:)^), vliirli hist m--'-^t 
 enclose to »/.', keejiinj,' that for .S2,2()0 yourself to look for an investment. 
 
 I am mudi lietter tlian 1 was, althou<,di still very weak, havin<,' been twice all hut dead 
 within five months. 1 am f,dad to learn you are },'ettin;,' well. We have hail some .serious illness 
 here. The winter has in severity surpassed any .season we have had for twenty years or more. I 
 shall be happy to .'^ee you if you come here, hut I had rather you kept at home. As far as I can 
 judge, it is awful for travelh-rs, — the cold intense, an. 
 Dear Charles, — 
 
 I got your note last night, enclosing Twenty Dollars Order on the Post Office, all right. 
 
 I have heen very unwell, and am now slowly getting better. I know but little of the rules 
 of Banking, but have fretted a little at wanting a dollar by their delay. If their rules will admit Hfj.jO 
 of it, please send me down Fire Jfuvthrit Dollars as soon as they will give it. 
 
 I have not patience to explain a thousand things to you, 1 ut my loi);/ illness has caused me 
 great inconvenience and discomfort. I v>ish you would tell tl>em at Na.sh's that you paid for the 
 packing cases, as he has l>illed me for them. He also charges me .s'^ine dollars as by account ren- 
 dered, but I cannot find the account, nor do I rememl)er what it is for. 
 
 Hoping you are bitter. 
 
 I have not soon Miss Pernetta lately. 
 
 Give my love to Mrs. B., to Minnie, and Mi.ss Henrietta, also to T. B. Aikins. 
 
 Your affectionate cousin, 
 
 rSd). B. M. .sr.iiO 
 
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171 
 
 111 
 
 No. H. (I. T. S. 
 
 LlNENIll'lUi, 24tll, iHl'i. 
 Dear (y'harles, — 
 
 I duly received tlie Bank deposits receipts f(jr l!?(i200, and the Post Ottic(i (Jrder for S444 — 
 for your attention to which I oft'er you a thousand tiinnks. I am jifuttinghetter in health by slow 
 degrees, and hope to be quite well in a week or two more. 
 
 My best love to Mrs. B., to Miss H. James, and to Miss Maria B. 
 Ever your truly affectionate co\isin, 
 
 (Sd). BKAMLSH MlJHDorK. 
 
 'i\\ 
 
 No. !». U. T. S. Hfi70 
 
 Satuuday, 27th .Marcii, 1875. 
 Dear Charles, — 
 
 I intended to write to you last Monday, as I received all the deposit receipts and Post OtKce 
 Orders con-ect last Saturday evening, and am not sure but I did write, but I have been so unwell 
 that I cannot trast my memory. I have to give you a thousand thanks for settling everything 
 so nicely for me. I hope you are all Avell at your house. For myself, I have not \>oim really well 
 one day in the last six months. If it is not too much trouble, I wisli you would buy uie three of 
 those little bags of buckwheat flour that the grocers in Halifax sell. I think they hold ten poumls 
 in each bag, and cost about half-a dollar. Now, if you can, get me these. Al.xo buy me 3 or ■!• 
 pounds of .sausages, we can't get one fit to eat here. You could pack them all in a rough box, and SdSO 
 ship them in the packet, 'vr the " M. A. Starr," or send them by P'ishwiek's Express. My health 
 is so poor, and our means of food here so limited, that you Avould confer a great favor on 
 me if you would do so. I enclose ten dollars, and Nash's account, as eorrected, whicli 1 wish you 
 to pay for me, and ask them to receipt in full to this date. Best regards to all at your house. 
 
 Your aft'ectionate cousin, 
 
 (Sd). BEAMISH MURDOCK. 
 
 No. 10. G. T. S. 
 
 LuXENHUUG, " Meyrer Cottage," 
 
 Sundav, I8th April, 187"). 
 Dear Charles,— ' 8G90 
 
 I got your letter of the 14th instant. I enclose you the deposit receipt for .^380.20, 
 endorsed. 
 
 As to Miss Augusta W. C. Parker, I must buy a bill in duplicate in her favor, at sliort 
 sight. It must be drawn in sterling money for whatever sum. Seven hundred and Ten (S710), 
 Canada Currency will come to. 
 
 It must l)e drawn in favor of Mi,ss Augu.sta W. C. Parker, .53 Arundel Road, Little Hamp- 
 ton, Sussex, England. 
 
 As she will not be 21 until sometime in May, plea.se enclose me the two ef)pies of the bill 
 you buy, and I will write, enclosing one of them, keeping the other till I get her reply or receipt 
 for the money. 8700 
 
 m 
 
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 i^'rl^. 
 
 fctvJ'.V' 
 
 »>'.•«. 
 
 !•"»: •>:< 
 
 , SHI' 
 
 !?«•-,: 
 
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 pori 
 
 nit. 
 
 172 
 
 1 ffi'l iliTply iii(k'lit»'(l to yoii for tin- peat can' you liavc takt-n of my iiiniirv iiitncMts. 
 I woulil wish yon to scml nic Two Hnnilml Dollars ns soon as tlu- rnlcs of tiic Hank will 
 
 Wlit-n tho niortj,'a},'i's yon liavc taken for nu' arr tluly rt'c<»r(UHl, you liad lx.'tt«'r enclose tlieni 
 
 With entire love to yon and yours. 
 
 Bcliuvc ever your aHcctioiiati- cousin, 
 
 (S.1). 
 
 BEAMISH MimiHH'K. 
 
 P. S. — I am far from well in health, l»ut hope that May will help me. 
 
 ill 
 
 «710 
 
 to me to keep with my deeds 
 
 Before doiny so, however, write a memorand\nn of- 
 
 1. Date of each Motj,'aj,'e. 
 
 2. Name of party. 
 t\. Ijocation of the Projjeity. 
 
 4. Amount of Mortga^'e. 
 
 5. Kate of Interest. 
 G. When tlu- Principal is maile payalile. 
 
 7. Interi'st when due, yearly, half yearly, or ([uarterly. 
 
 My oliject is, that you .shouhl receive the interest for me, or it would he a useless laliorand 
 expen.se for me to yo to Town so often for that jnu'pose, and you must accept •> per cei»t. for your 
 trouble in collecting and remittiiii,' the interest. 
 
 My time here I know is short, so you will not l)e lonj.; harassed in this way. 
 
 Try, my dear Charles, to huy me some tohacco seed, also some red lla.K seed. 
 
 T long sadly for them, and I think you can yet them. If you cannot, I will write to MoNtoii 
 for them while it is time. ' .S72() 
 
 .' . 
 
 IL^^ I 
 
 Hi 
 
 No. 11. (J. T. S. 
 
 " Mkvukr I'orrAdK," 
 LrNKNHUHO, 22nil April, 1S7'). 
 Dear Charles, — 
 
 I have a thou.sand thanks to send you for your kindnes.s in procuring,' n\e the tohacco .seeil 
 and retl Hax seeil. One thing I mentioned to you, you seem to have forgotten. I want a little .S730 
 more ca-sh, and requested yovi to send me two Inmdred dollars. I am Imsy in fixing up, and 
 improving the place where I live, and hope if you are well enough tha*; you will come down and 
 spend a day or two with me. I am as yet far from strong, but am sloA\-ly and gradually recover- 
 ing. The breaking of one of my ribs last January nearly killed me from the intense and exces- 
 sive pain it gave me. I am now much better, thank God, and trust that mi May I shall be (piite 
 well, and enabled to enjoy my little garden. I am cuite happy here, except the weakiu'ss remain- 
 ing from tliJit accident. I have lots of work on hand, and the people here are awfully lazy and 
 dilatory. Come down when you can, ai'd see me, and I think T can find you accommodation and 
 comfort in my wigwam. 
 
 Ever yours aff'ectionatelv, with my love to Mrs. B., to little Minnie, and Miss Henrietta. S7+0 
 
 (Sd). BEAMISH MURDOCH. 
 
 No. 12. G. T. S. 
 
 LUNENnuRG, Tuesday, 4th May, 1875. 
 Dear Charles, — 
 
 I received your letter of 27th April, in due course, but I have not been well enough to 
 answer it until to-day. I can hardly WTite now, owing to the hammering and noise about me, my 
 place being repaired and fenced. 
 
 ■!'•', 
 
•* 
 
17:i 
 
 I Imvo to say tliat I am (k-cply olilijjrcd for tin- pains yoii have tnkun.aixl tlu" corrcptniwH of 
 evorythiiij,' yttii luvvo doiir for inc. 
 
 I f(ot tliu money at tint Pont Olliiv l.crc on tlic two onlt-rs you i-iiclost'd, Jf 1 17. 
 
 My ^'ank-n is now nici-Iy ft-ni't'd in, and I liopc to sow some stieds tliis week. To-dny, the 
 weather is very tine. 
 
 Our Reetor (Owen) has not any ClicstiT ('lunch record in Idsnosst sion, nor is the miirria;,'e 
 we look for in tlie He;,M.stry of the F)ni,'lish Church in liUneidtur^'. When I am a littU- stron;,{er, I 
 will see t'oasman, the Lutheran Minister. 
 
 With love and rej,'ard to all in 101 tjueen Street, 
 
 1 am ever yours all'ectionately, 
 
 (Sd). HKAMiSH MUHDOCK. 
 
 H7:>() 
 
 ■ i 
 
 J . 
 
 No. i.'l (S. T. S. 
 
 Litnkniuik;, lOth June, IH7.'). 8700 
 Dear Charles, — 
 
 I have looked carefully over tho papers you left with mo. 1 find the .securities excellent, 
 and tho documents acciirately prepared. 
 
 The tile is y warmest thanks for the care you have taken of my interests, in the investment 
 of the money. I see hy a note of T. B. A. among the papers, how little anxiety he felt for his 8770 
 2)oor cousin'.s interests. 
 
 Give my lovo and respects to Mrs. B., U^ Minnie, and to Miss Henrietta James. 
 
 Ever yours, 
 (Sgd.) HKAMISH MITRDOCK. 
 
 No. 14. (5. T. S. 
 
 Mkvukh Cori'AOK, 
 
 LrNKNiU'Uf!, 24th June, 187.'. 
 Dear Charles, — 
 
 I received your note enclosing the Post-otHce order for !l!?4!).70, ami liave to thank you 
 for your attention to my interests. I have heen, and still am, very weak from the sickness and 8780 
 injuries I had to bear from September la.st till this Spring. Even now, I can hardly walk or write 
 without difficulty, but I have some carriage exercise, which helps me along. 
 
 I trust you and all your family are well. Give mv love to all under your roof. I wish 
 you to buy me three or four good .shirts. Elliot, I think, na.s good ones. Send them up by Fi.sh- 
 wick's express. Youi-s ever in afTection, 
 
 BEAMISH MURDOCK. 
 
 !S>! 
 
» ', . 
 
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 *'^r^ ■■■'1 
 
 1^ ;. ■ » t 
 
 
 
 
 pt;l 
 
 Bl'iii 
 
174 
 
 nrxl 
 
 Y. (}. T. S. 
 
 Li^NENBURfi, Monday. SOtli An<,'UHt, 1S74. 
 Dear Charles, — 
 
 I received your note, dated 2r)th instant, on Saturday nif^lit, encl(tsin<,'a post-ottiee order for 
 $lfi.35, which was (hdy paid me this niorninj,'. I am ;,dftd to h'arn that you jtropose comin<,' this 
 way soon. I am much impaireceivinjf no precise information as to the !rle to 
 read a single line in any one of them. I wish you would now satisfy my mind as to the invest- 
 ment of the! here a few days after you left, he exiiihited him- 
 self in such an awful state of mind and body, that 1 felt ashamecl that any rt lation of mine 
 should cut such a Hgure before my respected friends, who have sheltered in my wigwam since 
 their great calamity that destroyed their lovely villa. Master Stej)hen, in the presence of several 
 persons, including the rector, 11. L. Owen, in my iied-room, stated loudly and repeatedly that he 
 hail maintained all oiu- family, and supported them himself. He also saiil that his father had 
 .spent 8++,()<)0 of his own at my Hrst election for Halifax. He also said I wa- a robber and a 
 
 HHIO 
 
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175 
 
 ciirsc to the family. His visit lasted three or four days ; 
 his expenses was to me a (ieadly tit of ilhiess, worse thai 
 Ood ! I am now slowly and gradually recovering' from it. 
 
 Give my love to Mrs. B., Minnie and Miss Henrietta. 
 
 Ever your atleetionate cousin, 
 
 the result after I ^^ot liim oH' and paid 
 1 had ever felt in all niv lift'. Thank 
 
 BKA.MISH MrUDoCK. 
 
 8830 
 
 No. 1. (i. T. S. 
 
 (Canada I'ost ( 'an I.J 
 
 To Mi.ss Maria Beami.sh, 101 Queen Street, Halifa.x, N. S. 
 
 LiNKXiui!(i, i.Sth Jany, I87 f 
 
 Pm'->' 
 
 I.' J"' 
 
 
1 
 
 ■ I I 
 
 i7f; 
 
 J'. 2. IJ. T. S. 
 
 LlNKNIirUO, 4tll Sept., 1.S7.'). 
 
 Mrs. Elizaliuth Motzloi', .S>"s7()' 
 
 Madam, — Mr. Boaniisli Murdot-k has liamlcd ovor to me a liill for !?')1'.()() rt'ndert'il liy you 
 to him to day. 
 
 My iiiHtnictions arc to acipiaiiit yon that Mr. Miirdock will not pay it. He says thntsonu' 
 three weeks a<,'o you scut in your i)ill am(Mnitin,<,' to 8'10.()() for liquors olitained in small (piantitics. 
 
 That he felt .satistied the hill was e\cc'essive, yet j)refeneil paying it to makinj^ any ohjec- 
 tion, and paid it yesterday; hut refuses further imposition, and wishes you to understand he will 
 not pay it. 
 
 Mr. Murdock says that he believes two itottles of liipior w»'re fj;ot from you since the pn-- 
 sentnient of the first named bill, — by his orders which he was willing to ])ay. 
 
 Youi-s truly, ' ^SI5SU 
 
 (Sf,'camish Murdoek, of Lunenburg', in tin- I'ro- 
 vincc of Nova Scotia, Dominion of ( 'aiiada, (Jueen's ( 'ounsel, I). ('. L., v^c, \:c. 
 
 I, the said Beamish .Murdock, C(>nsidcriii<; the unci-rtainty of this mortal life, and beini,' 
 of soimd mind and memory, do make and publish this, my last Will anld 
 
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 177 
 
 Hulijcct t(» .such right of (KTUpatioii as afort'saiil, t();,'»'thcr witli all other n y Ileal Kstate. ami the 
 proi't'eds thereof applied towards the paymi'iit of the Icj^acies Iiereiii ineiu.' nied, 
 
 Lastly, I herelty constitute and ai)poiiit my trustworthy friend, the iifon 
 KauHiack, and my trusty Cousin, tlie aforesaid ('hiirles lieamish, to he Mxecutc 
 Will and Testament. And fiu'ther, 1 give, devise, aud heipieath to thein, the 
 Kaulhack and Charles Heamish all the rest residue and remainder of my Kstate, 
 and natiu'e, anrs of 
 
 this, u 
 
 IV 
 
 ast 
 
 said 
 
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 A. 
 
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 ind 
 
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 ight Hiun 
 
 red 
 
 Ml 20 
 
 I 
 
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 *''l 
 
 ME.MO. OF MORTUAGKS. N(.. I. (t. T. S. 
 
 SeriiriHi's. Sit.SO 
 
 Deed ilated -iOth Fehruary, 1874. 
 
 Alexander llohertson, of Halifax, N. S., Blacksmith, and Frances, his wife, to Francis \V. 
 (.'oUins, of Liverpool, Queens Co., merchant, Kxecutor of the late Frances Laura Marshall. 
 
 For !i<.'}00, Cauatia money, convey to F. W. Collins, Executor as aftaisaid, lot of land on 
 Uottingen Street, Halifax ; on the west side of the street 4.S feet (I inches, and 100 feet in depth. 
 
 Proviso to repay in one year with interest at 7 jx-r cent. 
 
 Ilecorde.l Hook 1!>2, pp. *2.-.(), 2.')7. 2.").S. 
 
 Two otln-r mortgages to Binney, et al. ; one in I H7:J for .*<200, second .same year for SI -J-OO. 
 Relea-si's of Iwith ami release of mortgage to Collins. 
 
 Mortgage 2()th April, i.S7'), from Alexander Roheitson and Kli/.al>eth Fiances his wifi', N!»M) 
 t<) Heamish Murdock, for S2,40(), payahle in one year at 7 per cent, interest, lot of land Itoundeil 
 hy west side of (Jottingen Street, \c., .same as in the mortgage to Collins. 4.S feet (I hy 100. Also 
 mortgage hond. Also policy i?isurance for !:*2,400, /Ktna. Expires 14th April, |.s7(!. 
 
 Continue to insint- !*2,400. Inteiest payahh- in foiu' (|uarterly payments. ('ontinue 
 policy in Mr. RolaTtson's name. 
 
 2. .lanu's 11. Nishet, Trader, ami Klizaheth Ann his wife, deed of mortgage to 15. Mmilock, 
 piece-! of the former glehe laml of St. Paul's Church. Halifax, N. S. At Richnionil, lots No, li) 
 and 20, hlock letter I), in plan of I.S7I, on tili- at the parish vestry rooms; fronting on the E. side 
 of College Street (i(i feet, thence Easterly hy the course of Re<'tor Street 100 feet, northerly paral- 
 lel to College Street (id feet or to lot IS on .said plan, thence wi'steriy 100 feet or to ( 'ollege Sireil. S!).')0 
 
 .*J!00() payahle in one year with 7 per cent, intt .est, jiayahle (piarteily. 
 
 Covenant to insiue SIOOO on |n-end.ses. mortgagee to hold the policy dated 27th .\pril, \>>7'>. 
 
 Recorded Iwjok 1!»!>, pp. 140, 141, 142. 
 
 John M. Crow, Ma.son, Mortgage date, 24th May, I.S7'). Bond for SIOOO payahle in one 
 year with interest at 7 per cent. Policy on hon.se in Seymour Street. 
 
 Peter H. Lenoir, Esi|. .Mortage h(jnd dated Oth May, !S7.-), for !*I000 ; interest at 7 p iv 
 
P ' • , • 
 
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17.S 
 
 VI. (}. T. S. SKTTLKMKNT HKTWKKN MrRDOCK AND UKAMISM. 
 
 1H74. 
 
 Sept. 1st. Plact'd in the linrik nn security f'>v the Cof^swi'll claim in oa.se it hIiouM lie 
 
 liiTcaftfr iiiailr a;,'aiiist M'r. MunliKk .^ >y IN»st Otticu onlt'i- in April. 
 
 Tliis sum of principal invested on .Mi»it<^af(e and I»«»nd, ])er Andn-w M. 
 
 Harttin, on proiierty in (Jerrisli Street, April, I.s7') S40.0() 
 
 Oct. 1H7.'). Half vears interest at 7 jx'r cent, due 2!».4() 
 
 Apr. 1.S7.'). Difference hetween 81000 and .'^H40 jilaced in tlie Savinj,'s Bank 1(10.00 
 
 Interest to Novendwr 3.40 
 
 Mr. Heaiiiish pavs Mr. Mnrdock the above sum of S70 
 
 81)13.40 
 
 Mr. Murdock hereby acknowled;,'es to have this day received the above sum of One 
 Hundred Si.xty-three dollars and forty cents per ( '. Beamish, and also to have received assij,'nment 
 of the mortyaye per Andrew Barton to ( '. Beamish, aliove mentioned, for Ki;,dit Hundred and 
 Forty doUars, with half vears interest to October last, \inpaid. 
 
 (.S.r,Ii. BKAMISH MrUDOCK. 
 
 Lnnenbur;;, December 13, lH7(i. 
 Witness -fSri>i>l'. in folnmi fonn, nf the last Will inn/ Ti'xtiomnit of U<'<(}iiinh 
 Mnriliirk, lull' of Lntii'iihii I'll, in t/ir Coii nt'/ of f.n in'iihii ri/, Hn rri.ifi'r-itl-Lan\ dt'inincil. 
 
 To the Worshipful the Ju«W, 
 
 w*:^ri 
 
t" 
 
 170 
 
 and whicli, |M-titiont>r Ih lulviscil, arc iiwuliiiissililc iiimI iirilcvaiit, ami wliidi ii'.s|iiiiiilriit |i('isisti'l witmss itroiliitcii liy 
 ri'sjiondt'nt, Mr. llarriii;;ton was |irisi'iit ami altiiii|i''l to » rn>.s cNainiiiation of said \\ilMt>->: said 
 la.st nicntioiu'd hearing' f.xttnilin;,' IVoin Tlnirsday iiioniin;,' c.inlinuoiisly, till Satiiiday iii^lit at 
 lialf-iiii.st.si.\, at which time thr r(.-s|Hindfnt.s' counsel for tlir tirsi time intimattd that hr would call 
 no nioro witncs.soN. 
 
 That previously the chief niftna;,'einent of the cause was in the hands of Mr. Weatlh rhe, 
 and he had arran^'ed to have ndiuttin;,' testimony produced whenevei' it wouM !«■ liy tin .lud;^fe !K(00 
 received. 
 
 That at the hoiM' aforesaid onSatinday iiij,dit,when the respondents' defence was eiim|i|eted, 
 Mr. Harrin;rton intimated that he woidd U- oMii^'cd to leave inuiiediately for his home in llalifn.s. 
 
 At .said time it was arranj,'ed and understood \<\ the Court that the said Court slmuld meet 
 a^'ain on Monday morning, at lialf-past nine o'clock, when Mr. Marrin;,'ton informed said Court 
 that he could not Ih* present on Mondiiy, and that it would )>e impossiMe to jirocure the reliuttin;; 
 testimony lieforc the time named for the nieetin;,' of said < \< .it, and then lielie\cd that reasonahle 
 time would he j^antcd petitioners' counsel liy the Couit to suhpteiia and procure said relmttinj^ 
 testimony. 
 
 Tliat Mr. Ross was to appear on Mondav morniu;,' to have a day tixed for takin;,' said tes- !(()10 
 tiniony, and did ap|icar for that purpose, hut tlie Court then refused to adjouin, and for the liist 
 time intimated that the evidence would then he finally closed. 
 
 That there was not time durin;,' the interval lietween Saturday ni;,'ht any and on hehalf of said icspondent, which will !«• 
 ready to hu then ten may make such order as nuiy .secure them justice herein. 
 
 ■.■'■-•J 
 
 1 
 
 H^ 
 
 And your petitioners, as in duty hound will ever jiray. 
 
 (Si^fned 
 (Signed 
 
 C. HKAMISH, 
 HKNKIKTTA .lAMKS. 
 

 
 
1H0 
 
 COURT OF PROBATE, 
 
 OO. LUNENBURG, SS. 
 
 To tlw Wi>rMlll/>f'll (Hi'ill'il'' T. Si)hiiaiiil, K^iiniiw, .lllil jr nf lli'r MdjfMhj'a Ciiilrl. fur Ifir I'i'iiliiilf iif 
 
 WHIm ifitlilii mill fin- till' ('iHniti/ itf f,iuii'iil>nrii. 
 
 I'ctitioi) of ( 'liarlcH ift'iiiiiisli, of ilnlifas in tlio ('iMiiitv of llaiini.c, ^nitliMiian. IliiniltU' 
 Hliewi'tli : 
 
 That Urainisli Mnnlnck. latr vr, the snl.scriliinj,' wit- 
 
 ncsHt's to saiil Will, ami y<»iir pctitiom-r rosiilc at Halifax nion' than fhiitv iiiih's ili-tiiMt from the 
 Town of Lnncnliiir;;, when' tlu' Cuiirt of IVohatc for saiil Coinity sits 
 
 l»0:)0 
 
 >wii oi jjumMUiiirj;, wnrir iric < miri oi i rooiiic lor Mini » iiiimi> sii.s. 
 
 That yoiir jtctitioner is willing,' to acci-jit the trust, ami prays ilnnfor, ihat Prohate of tli«> 
 ill Will may \n' ;;ranti'<| to him. anil that a Oi-ilinms iVoti'statrni may ln' ;,'i(Miti il hy your Wor- 
 Ip, iliroc'tcil to snch pi-rson in Malirax aforrsaiil as yonr Worship miiy in- pii'asfil tci appoint, 
 itlioriziiii; sncli pi-rson to take flu- ili'positions of the saiil .losi'iih Hill ami Williiun Howi-, tin- 
 
 Itl wWllllUUitU IIU fii flwi lll'ltllf llf •^!lil1 Will lllllllll* fllti S^flltlltlt l*l>>itl.>f-«riii of Ihr liixt will oinl frxluinnil of tiiniiiisli Min-ilurl:, 
 
 lull' of Lii iiriihii rif, ill till' Ciiii nil/ i)f .'.II lllllllll ly, liiiniHlrr-iit-l,iiii\ ilin'iixi-y the saiil ileceased to the saiil Hon. H. A. N. Kanlliack, or hy 
 till' saiil Kanlliack to the saiil ileceaseil, in the years |.S74 anil Is7'). 
 
 All acconnts of Imsiness transactions aiul the oii^^inal entries thereof, hetween the saiil 
 Kanlliack ami ileceaseil. for the years I.S74 anil I.s7.">. 
 
 All accoiMits ami ori;;inal entries of lye whiskey or other liipiois hy the .saiil Hon. H. A. 
 N. Kanlliack sohl ami ilelivi-rcil to the deccaseil in his lifetime, from the month of Ajiril. |.'s7'>, to *M)H[) 
 the (late of his decease, ami jiarticnlarly a niemoramlnm or a<'ciiunt made hy said Kanll ack in 
 Angn.st or Septendier, last, inclmlin;,' said liipiors for which said Kanlliack took a note of hand. 
 
 The ori;,'inal draft of the aliove named will ih the handwriting,' of said Kanlhack. 
 
 All tide^frams and letters, and copies thereof that passed hetweeii said K;inlliack ami Kdwin 
 Kauihack at and alK)tit the time of the decase of the said Heamish Mnrdock. 
 
I. A'- 
 
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ISI 
 
 V/ l'ifili,,in-in. 
 
 0090 
 
 NOTJCK TO PRODUCE. No. I 
 
 (i. (J. T. S. 
 
 Lr.NKXIUMUi CorNlY OK l» 
 
 aoHATK. 
 
 Iti fltv Mutter of til, 
 
 littf of LiiarnI) 
 
 l»-m,f ut xnlnnnJonH of the hixt Will ,i,„l 'JVst(n„n>l 
 
 inj. In the Coun't/j of' Lancnhiuy, 11 
 
 7, Jiiirrinlfr at La,; 100 
 
 in^^ an. executed in 
 jircsence of William KIlis and (Jeorge A. Ross. !H30 
 
 And you will also take notice that unless the saiil letters and diK-umeiits are pro*luced, 
 secoii'lary evideiu-t! will U; tendered. 
 
 Also, a certain paper 'vriting, purporting to ik; the la.st will and t.«'stameiit of Beamish 
 Murdoek, deceaseii, and executed at New Ross, aiiout the last jiart of .lum-, \. ])., IS?.'), and wit- 
 nessed liy (ieorge Ross and Vernon Smith. 
 
 And you will al.siti)r nf lii'fjiinnliiitx, iti' lliitxc sii iijHirti ilij tin' loxl null mul Irslnini'ill of' llif lilfi' IU'iIuiikIi 
 Mil nloiii, ilfinineil, ihileil ^'nmnlH'i', l-^!'!!. 
 
 
 NOTICE To PKODCCE (i. C. T. S. 
 IN Tin: I'KOliATE COURT, ISIH. 
 
 LUNENBURG, SS. 
 
 til till' iiKiftt'r of till' i>i'-: 
 
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 A letttT from saiil Beamish MurdiK-k to Mrs. IV-ck (a l('<,'ato(> uniU-r the will of Ai>iil, ifs7'»), 
 dated l.Sth Septomlier, l.s7.'i, relative; to silver sjinoiis and a stove and pijje missed l>y liim. 
 
 Also an assij,'nment to said Beamish Munlock liy Charles Beamish, (a lei,'atee and |)etitioni'r 
 under an alle},'od will of April, 1^7'), purporting' to l»i nude liy said Beamish Murdoekj i)f aeertain 
 Mortgage of land which said assignment was made, and da^ 1, and delivered to said Heamisli Miir- 
 (h>ek, on or about the IStli day of J)efemlier last, to said Beamish Mnrdock hy said Charles 
 Beamish. 
 
 Also, two certain letters dated respecti\ely, No'.emlK-r l(Jth, 1S7.'), and December 27th, 
 1873, from said Beamish Mnrdock toThoiiias l>. Aikins 
 
 Also, a certain other letter from ;aid Beamish Mnrdoek, deceased, to Charles Beamish, 
 aforesaid, dated Kith Novendi(f Ji'uniitili 
 Mardock, loU' of JjII nrnhunj, in ///< ('onntij nf Ln iHiihti r^j. Ji((rristi r-iif-l.iiii\ dictusiil, 
 
 I, Iloltert L. Weatherbe, of the City ancl ( 'ounty ot Halifax, Barrister, the I'luetor of the 
 Petitioners herein make oath and say as follows: — 
 
 I say that while Cr()^-.-examining Rev. Win. KIlis in this cmsc, this morning, I put to him 
 clearly and distinctly thi' ipiestion following in VLiy substance and meaning, and as 1 bcliivc in !I1M0 
 the very words : 
 
 " Were you ever in Mr. Murdoek's house in which he dieil, luilf a dozen tinns when he Mas 
 present that li(pior was not prodneed '" 
 
 To which ipiestion he made answer, as taken down by the Clerk, jis follows: 
 
 " I woulil not swear that I was in the house of .M\ndock's. in wliieli he died, half a ilo/en 
 times at all." 
 
 Upon w'.loh William II. Owen, I'%'|., one of the Executors of the Will in i|Mcvtion, and who 
 has been acting on the trial hereof foitln respondtnts, and who prociueed anil ixiiniined siiid Kills 
 as a witness, in a tone of voice easily and di--tiHetly heanl in Coin-f, rcipiested ni'' to n^k him (the 
 witniss) till! date he referred to. I immediately icinonstiatiil with saiil Owen for making the \)\'M) 
 suggestion he did, and thereupon reb.'ri'ed the sidd witness to the woi'd "even" in my i|iieslion and 
 repeatetl to him tht; same in a distinct and loml \iiiie, and a^ki'd him if hi- so •mder-tood, or words 
 to thatettect, to which he twice asscuti'd. .Mrann'iiili' said < )weii left his seat and cann- foiwaid to 
 the de.sk and still more distinctly repeated his suggestion before referred to until after tin wilncss 
 had so a.ssented to his knowledge and understamliiig of my i|tiestion whm he cxtraetcd by vnch 
 Miggestion an ex[)lanatioii or modification of lijs aii-wiT, which the siiid ( (wcii tlnii'Upou applinl to 
 
 the' Court to have noted ; and I say tlitit 1 have -o fri'i|ii('htly 1 n inteiinpted in ihe saiii" wny 
 
 that I cannot ))roceed with the ( 'ross-cxamiiiaUon of the witness. 
 Sworn to at Lunenburg, in the County of Lunenburg ( 
 
 this Kith day of August, A. D.. ls7IA 
 
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LUNENBURO, SS. 
 
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 |_(j. T. S. 
 IN roURT OF PRORATE, 1n7<5. 
 
 In thr vuttti'v of thr nroi)/ in Hohmn form of law of tin' allit/nl taut Will (iml TfHtament of 
 Hfaviinli Munlorh, lati' of l.umnburjf, in Ow County uforemiul, linrriHti'i'-at-Luu', dnvanvd. 
 
 I, (Jfor;;^ A. Ritss, of Liuu!iil)iirfif, in the County (if Liiiu-nlnii",', Biinisttu-, \c., make rmth 
 mill say as follows : Tliat I liave lu-aul n-ail ovt-r tin- allidavit of Roln-rt L \Vi'atlii'il»i', nmefore me, this Ultli dav of August, ) 
 A. D. 1«7(J. ' i 
 
 (Sd) Geo. T. Solomon, 
 
 Judije of Prohate. 
 
 I^UNEaSURO, SS. 
 
 H-(}. T. S. 
 
 IN THE PROBATE COURT. l>S7fi. 
 
 /»* the nmttir of the proof in solemti form of the last Will dvd Textument of Ben mi xh Murdock, 
 laie of Luiwnlmry, in the County of Lunentiunj, liarriater-at-Law, deceased. 
 
 I .losejdi ( 'reii,diton, of Lunenhurg, in tlie ('ounty of Luneiihiirg, master mariner, make 
 oath and say: That I iiave h.ard nad the atliilavit made liy Rohert L. Weatlnihe this day, in 
 reference to the testimoiiv of William Ellis, and that the conttsnts of that atiidavit is true and 
 correet (Sdj JOSEPH CREltlHTON. 
 
 Swoni to at Lunenhurg this KJth dav of August, ) 
 A. D. I87f Bridgewater, in the (.'oiintyof liiinenhiirg, Barristor-at-Law, Proctor 
 of thu Respondent^ in tliouljove matter make ualh and say as follows ; 
 
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 First I say that tin- Kt-vriH-uil William KIlis oti lii.** diivct i-xamiiiatiuii, in tlic aliuvc matter, 
 statuil, with lufrii'iitro to his visitiiij,' Mi' Mtminck, as follows, or in words to the followiii;^ ilirct : 
 
 " I met liini (mcaniii;,' Mr. Miinlofk v( TV srlilom Im'Toic he left for Halifax. I saw him !>2.'»() 
 more frequently when lie letnrneil. Ami I should .say for the last five or six months onoe or 
 twice a week on an aveiaj,'^. Previous to Mr. Kaiilliack's (ire I was most freijueiitly in the hahit 
 of seeing' Mr. Murdock at Mr. Kaulliaek's house, seldom saw him anywlnic else. ( >ceasionally saw 
 liim at his own house previous to that date." Oil-io) " hetween the tiip; of the tire, ahout tlie tiixt 
 of Au;,nist last, and that at Mr. Mun lock's decease I was in the hahit of visitiii;.' him oiu-e or twice a 
 week on an avera^je. I was in the haliit of vi-itin;,' him in his own house aftei the (ire. " 
 
 That ill answer to a question put hy lloheit NVeatherhe. Ksq , to saiil William Kllis on his 
 Cross-examination, the said William Kllis stated, as appears hy I lie iiiiMUirs of his evidiiiee taken 
 hy the Clerk of tlie Court, "that he would not sweai' that he was in th< house of .Mr. Murdock, in 
 wliich he died, half a dozen times at all." When I, this disponent, feelini,' fully convinced in my !f2(i() 
 own mind that the said William Kllis did not couiprihend the nature of thr <|Ue>tinii to which the 
 said answer was ;,'iven, and that he, as 1 verily helieve, had r.fereiice in .said answer solely to his 
 visits to said Murdock's house, while said Murdock was resicliuLf alone in his said house, hefoie said 
 tire, and not to the visits which lie, the said William Kllis, had previously stated he had made 
 once or twice a week hetween the date of said tire alioiit the tiist day of August hf^t and that of 
 Ml'. Murdock's decease, asked said Holiert Weatherlir. Ksq., to kindly menti'Hi (o the witness up 
 to what date lie had reference in his question, that the said Koliert Weatlieilie i|ilaini(| that he had 
 referenc<' to visits at Mi'. Murdock's house while he was liviiij^ alone hefoie the tin' and previously 
 to Mr. Kaulhack niovin.:,' into .Mr. .Miinlock's house, or words to that ell'ect. I say that it was not 
 my intention to make any improper sU]i,';^estions to saiil witness, hut that I deemed it hut fair ami 
 ri^ht that .said William Kllis should he informed liy said Weatlmrhe of the real nature ami ef- 
 fect of his ipiestioii in order that said Kllis miLflit not hy misappiehemlin^' the question he jilaceil 
 in a false position. That suhse(|uently the said Kllis, at his own solicitation, and hy the permission !)2N() 
 and request of tlio nresidiii;,' Jinl^'eof I'rohate, was allowed to •/\vr his explanation to said last an- 
 swer, whicli, as will aitpejir hy the minutes of the ( 'oiirt. was as follows: "in makiiij,' the last 
 
 answer I had refereiu nly to the time clmini,' which .Mr. .Murdock resided alone in tin' house. I 
 
 liave already stated on oath that siihseqiiently to .Mr. Kaulhai-k'^ le^icleiiee in that house 1 \isited 
 it once or twice a week on an avera^'e, and to that statement I adhere. ' 
 
 I say thiit my said application was not for the purpose of impropeily inti'ii uptiiin' .Mr. Wea- 
 tlierhe, hut was made from a sense of iliity for the purpose of doimr justice to sai.l witness, who, F 
 feel fullv convinced, diil not 'as the exiilanatioii ''ivfii hv him shows iiudiTstand the nature of 
 said question as aforesaid as well as the said llespoiideiits, for whom I was actiii;,' as I'loctor. 
 
 That althou^di said Kllis, in answer to a question put hy said Weatherlie, as to whether he !):i'.M) 
 unnsciously misapi)i'elicnded the (|Uestioii. and considered the period lefeiieil to therein 
 to he anterior to said tire, and while said .M unlock was residiii;^ alone, as siihsfipiently attested to 
 in effect hy said Kllis in said explanation. 
 
 SW(>i'n to at liUneiihui'^, in the Coiintv of riUnen-\ 
 hur^r, tlie 17th oay of Au;,Mist, A."l). Ifs7t i>a»t, aiui a>ljoiu' <1 tVoiii tiiiu' Ui tiiiiu to the twoiity-sLVciitli 
 • lay uf Novfiiir.fi, A. I). I.s7t). 
 
 //( till' viiiffi r iij l/ic iirmif III xiiliinii /of in uf lun' uf Ihr t iiHtniiiii nthtii r'l nij ilntr un thf fiftunlh iluif 
 uf ^ovr nihil'. III flir ifi'iir iif ml r l.m'il iini' tliiiiiniiinl I'li/ht Inuuli'i'il nnil m'riiiti/-iivi\ iiiir- 
 jmrliiiif til III' till' liint Will iiinl Ti'iifuiiiiiit uf Hi'iiiiiinli .l/ir iv/uc/r, liitr uf Lii iiiiihii n/. in tlif 
 CdUiiti/ iiiiil Pi'iifi iici' itfinrnniil, {Jiiiiu'm CuuiiKfi nml Ihnim' of Cii'H l,nii\ ,{'•('., ilinuM'il. 
 
 Thf for(';,'oiii;r iiDiitioiii'ii iii>.tiiiiiiiMt Iwin^' jpn-ciittil to nu' as tin- last Will ami 'ristaiiifiit ItMIO 
 of the said Hcaiiiisli Murdock, t(|, for I'mliuti' l>y William II. Owiii, om- uf tli<> txctiitors 
 iMTciii iiaiiMil, wnM, oil tile iiimtD-iitii day uf Kiliiiiary. in tlic yi>ar of oin Lord om- (liousaml 
 «'i|;lit liiindicd and scvciity-six, duly proved l.y cummon furm of law, ami filed in the Ke;,'i,strv of 
 said Court; that on tlie twenty-sixth day of Krlauaiy, in the year last afoiesaiil, a ( 'aveat was 
 Hied in saiti lle^'istry to stay I'mhate of ihi' said ailei^'id Will h.-in;; yianted to tlie said William 
 M. Owen and tlie lloiioraMe Henry A. N. KaiilKack, exeeiitois thneof, l.y ( hiirles iMiinii.sh, sole 
 t'Xirutor of a former alle;,'ed Will of tlie saiil Heamisli Murdoek, dei'i-iised, Itearin^r dati' the sixth 
 day of April, in the year of our Lord one thoiisunil ei;^dit hundred and seventy-ti\e. which has 
 also lieeii |iroven in coiiimon form of law and tiled in the Ke^dstry of said t'oiirl ; and a petition 
 hfiii;,' suliset|iiently presented to me, si^^'iieil \<\ the saiij ( harles lieami-'h and one lleinietla .lames, !t!}2() 
 lioth le;ratees iiiitler the last-meiitioiied Will, prayiii;^' that the said tiist-nieiitioned U ill of deceased 
 ini^rht l>e |iroved in H ileum form of law, and the parties interested tlieiein cited to atteiiil the 
 proof thi'ieof, alle^riii;.' in their said petition that at the time of the execution of the said Will hy 
 the said Heamisli Murdoek, deceased iMjiiin;.' date as aforesaid on the tifteeiith day of No\rmlier, 
 in the year of our I^onl one thousand i'i;,;ht hundrecl and seventy tive, he, tlie said I5( amish Mur- 
 doek, was Hot of a sound and disposin<^ miml, ami that at the said last-mentioned time, and for a 
 coiisideralile period theretofore, the mind ami will of the deceased wen- under the control and 
 (h)iiiinioii of the said Honorahle ileniy A. \. Kaull>aek. and that at the >aid time the said Pieani- 
 ish Murdoek, throu^rh the use of ardent spirits, from l>odily inliiniity and umler undue intliieiice, 
 had heconie ;rn.|it|y weakened in his undeistandiii;;. and his intellect was ^o impaired ami disor- !).*l.tO 
 deled, and his mind so defective, weak and oliscund that he was not in a tit and proper condition 
 to dispose of property l>y last Will and 'ristameiit, and that the sai.l last alle;,'ed Will ou^dit not 
 to he ieco;,'nized ill law as the last Will ami Testament of said di'cia>ed. 
 
 Whereupon, the said parties heiiij' duly cited and the sniil ('harles Heamisli and Henrietta 
 James, legatees as aforesaid, under the alleged will of the deceased, dated the sixth day of April, in 
 the year of our Lord, one thousand eight liiinilred and seventy-live, Hp|)earing hefore me hy Kohert 
 L. Weatherhe, their Proctor, and the said William II. Owen appearing as Proctor on hehalf of the 
 legatees, and parties interested under the tirst mentioned will ot ilcceascd now in dispute And I, 
 the said (Jeorgc 'I". Solomon, Judge of Prohate as aforesaid, having first carefully and diligently 
 searched into and considere1" 
 
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 and :he business in which he was then engaged. Secondly, that the siiid Beamish Mtirdock, at the 
 time he executed the said Will, was not in any way excited by liquor or under the influence thereof, 
 but was calm and collected. Thirdly, that the evidence given by the witnesses who have been ex- 
 amined, some at great length on both sides, some in support of said Will, others in opposition to the 
 validity thereof, with the documentary testimony given in as aforesaid, and the law bearing upon the 
 case, have failed to satisfy me, that undue influence was used by the said Honorable Henry A. N. 
 Kaulback, to get the said Beamish Murdock to make said Will and make him or his family the re- 
 cipients of his bounty. 
 
 I do, therefore, adjudge and decree that the said petitioners having failed to sustain their said 
 pleas or allegations contained, and set forth in their said petition, that the said alleged Will of the 
 said Beamish Murdock, deceased, last referred to be and the same is hereby fully est iblished, proved 
 and approved as the last Will and Testament of the said deceased, thereby revoking all former wills 
 made by the said deceased. 
 
 But forasmuch as it appears to me from the evidence adduced on behalf of said petitioners, 
 that there was reasonable grounds for con'cst, I do, therefore, order and decree that each party 
 shall bear their own costs and expenses. 
 
 Given under my hand and the Seal of the said Court, at Lunenburg, in the County of Lunen- 
 burg, in the Province of Nova Scotia, this tenth day of March, one thousand eight hundred and 
 seventy-seven. 
 
 GEORGE T. SOLOMON, 
 
 Judge of Probate, Co. Lunenburg. 
 
 9360 
 
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 0370 
 
 IX THE COURT OF WILLS AND PROBATK. 
 
 LUNENP JFC^, SS. 
 
 In the matter cfti.. ^ roof '>n svfemn fonn nf hnr of the insiniinrnf Ix-ayiinf dufe (m llu: fifteenth 
 
 day of Xoremhei; in the year of Ovr Lord, (hie T/muxdiitl Kiijlil litmdred and Serenty- 
 
 jive, purpurtitig to he the liiift ]\' ill ami Ttfitameitt of Bi^. 
 
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 became evident shortly after the execution thereof, by his own declaration in evidence and the same 
 cannot bo regarded as the deliberately formed and intelligent purpose of deceased. 9-iOO 
 
 9. Because those who would support the Will have not shewn that Testator had the 
 capacity to form and did deliberately form an intelligent and unbiassed purpose of excluding the 
 Petitioners from the share in his property bequeathed to them in April, 1875. 
 
 10. Because the onus in this case was on those upholding the Will. 
 
 11. Because the rc.isoiiible grounds for contesting the Will admitted in the decree vere 
 supported and strenghthoned by the evidence, and were not removed by those upholding the Will 
 as required by law. 
 
 12. Because owing to the relation existing between Testator and his guardian Solicitor and 
 Attorney, the respondent Kaulback was not in a positio" .o draw direct or promote the revoking of 
 
 the Will bequeathing property to petitioners. 9410 
 
 13. Because the conduct.of the Honorable Henry A. N. Kaulback, in his relations to the 
 Testator in supplying liim with ardent spirits, in taking possession of his letter, in removing his 
 nurse without consulting his friends and relatives, in secretly promoting the change in the former 
 disposition of property to Petitioners and Testators aged nurse, after notice that such change would 
 be contested was fraudulent and deliberately designed to obtain possession of Jx'stators property and 
 his explanation of such conduct is evasive, unsatisfactory and obviously false in view of the other 
 evidence adduced. 
 
 14 Because the evidence shows — 
 
 (1) That deceased, a retired Barrister of the Supreme Court, was old and infirm, and in a 
 
 very declining and ill state of health, partially blind and addicted to the use of ardent spirits, and 9420 
 was in this state, by his own consent and by the desire of his cousin Charles Beamish, under the 
 care and attention of a nurse — engaged to watch over and attend him in his declining years. 
 
 (2) That while under such care the respondent, Hon. Henry A. X. Kaulback also a Barrister 
 of the Supreme Court, continuously supplied him with an inordinate quantity of ardents spirits, 
 namely, two gallons of Rye whiskey per week. 
 
 (3) That deceased had contracted from senile and mental disorder, a decease, insane and un- 
 controllable passion towards the wife of said Kaulback. 
 
 (4) That deceased had no confidence in the integrity of said Kaulback, but the latter had 
 acquired a dominion and influence over deceased by taking advantage of his condition, and said 
 circumstances, and supplying him with the means of further weakening his mind and body. 9430 
 
 (.5) That deceased placed his atlairs in the bands of .said Kaiilliack -with a statement of the 
 same, and said Kaull)ack stood to him in the relation of adviser, and acted, in fact, as Ids legal 
 attorney and solicitci', and business agent and ^niardian. 
 
 (()) Tiiat deceased -was treated by said Kaulback as (and as the fact was) incapable of 
 managing bis own aH'airs, and .saiii Kaulback, wldle acting in sueb capacity, exercised decided and 
 positive' acts of iiiHuenee and control uviu', ami became seized permanently of the possession and 
 control of the person and estate of testator. 
 
 (7) That untler tlie aliove circumstances and said relations existing in the fall of 187.5, 
 ty'harles Beamish, the cousin and friend of dcci.'ased (deceased having in the previous month of 
 April made said Beandsb his sole executor with liecpiests to Beamish and his relatives) warned 9440 
 said Kaulback against improperly inducing said deceased to alter this Will. 
 
 (8) That .said deceased had frequent attacks of illness during the summer of 187'), and 
 a most severe prostrating ami violent attack in the beginning of Ncjvendier, which ended .shortly 
 afterwards in paralysis of the brain ; that during said severe illness .said Kaulback, who had been 
 privy to the making of numerous wills by testator subseipient to April, and notwithstanding the 
 notice of .said Beamish, and .said Kaulback still sustaining said above relatitm to .said testator, 
 without the intervention of an independent solicitor or advisor, and while said testator was 
 laboring under said senile and disea.sed passion towards the wife of .siiid Kaulbajk, and being at 
 the time under a mental delusion as to the said Charles Beamish, prepared the draft of tlio Will 
 
 in ([uestion, giving the whole of his property to .said Kaulback and his family, and revoking the 0450 
 becpiests to said Charles Beannsh and his daughter, and the other petitioner antl the said nurse, 
 and procured the .same to be engrossed and executed. 
 
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 clared t! te"o&'"' ""' ''^''"" ""' ''''' P^"'""^^' '^'^ ^^''^ W'" '^ -' ""«ht to be .Iccree.] ar..l .le- 
 Halifax, the 28th day of March, A, D., 1877. 
 
 p,_, t .,r, r. ^^^- ^- WEATHERBE. 
 
 Appeal allowed. "* '*''' Charles Bkamish and Hknhietta Jamks. 
 
 (Sd) Geo. T. Solomon, 
 
 Judge of Probate. 
 
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 COURT OF WILLS AND PROBATE. 
 
 COUNTY OF LUNENBURG. 
 
 /(( the viuff''r of the proof hi Holvmii fomi of the ulleged laxt Will ami TcHdiinvnt of Beamish 
 Murdoch, hde of Lunenbarg, in the Count 1/ aforesaid, Barrister, deceased : 
 
 I, William H. Owen, of Liinenbury, in tho County of Lunenburg, Attoinoy-nt-Law, and the 
 proctor of tin HcspiUKk'nts lici'cin niaki' oath antl say as follows, viz ;— That a doilinius piotcsta- 
 toni was applifil for by petitiont-rs for the pni'poso of obtaining tho rebuttal testimony of Charles 
 Beamish and ^Irs. William Morton to the granting of which 1 this deponent objected. I further 
 say that no notice of the intention of said i)etitioners or the'r proctors to take the examination or 
 depositions of said Charles Beamish or Mrs. William Morton undtsr said writ of l^edimus protesta- 9470 
 tem was ever served on or received by me, or on or In' any of the responili'iits oi' any person else 
 onthtirormy behalf to my knowledge. That tho first intimation I had of any such intention 
 was by a telegram purporting to be from W^iliiam Howe, Es(|uire, Registiar of Court of Proliate, 
 about four o'clock, p. m., on Wednesday, the twenty-second day of Novendjer, instant, to which 
 I replied as follows, by telegram : " I protest against evidence taken under Wi'it Dedimus. It and 
 proceeding thereunder illegal, Have not received notice," That I as proctor of said resj)ondents 
 was entitleil to ten days notice of the intention of said petitioners to take said evidence 
 previously to the day named therefor, which .said notice I did not as aforesaid receive, and I 
 further say that I was not legally notified to attend, nor could I have attended the exannnation 
 of said witnesses in Halifax on Saturday, the twenty-fifth instant, and attended at the opening of 9480 
 
 this Court to-dav, as it was necessary for me to do. 
 
 (Signed) WILLIAM H. OWEN. 
 
 Sworn to at Lunenburg, in the County of Lunenburg, 
 this 27th day of November, A. ])., 1.S7G. 
 
 (Signed) Georok T. S()i,f)MON, Judge of Prohate. 
 
 S T .A. T E 3^ E nsr T 
 
 Reckived fuom B. Muudoc'h : 
 
 Dec. 12, I.S74 — Deposit received on Bank of B. N. America j<7,000 
 
 1st Feb., 187-') — Sent B. M. Cash — which received from the above 400 
 
 ._ 9490 
 
 .^(;,()00 
 
 19th March— Cash to B. M 400 
 
 S0,200 
 
 27th April— Miss Parker's Bill of Exchange sent to B. M i?7IO 
 
 Cash 90 800 
 
 *.-),400 
 The balance ?5,400 was invested by C. B. in the name of B. Murdoch as follows : 
 
 A. Robertson's mortgage, 20tli April, 1875, 7% S2,400 9500 
 
 J. H. Nisbett's, 20th April, 1875, 7% 1,000 
 
 John McCrow, 24th March, 1875,7% 1,000 
 
 Peter LeNoir, Gth May, 1875, 7% 1,000 
 
 $5,400 
 The above statement is correct. 
 
19t 
 
 10th Dkckmhkh, Ih7h. ) 
 
 IX Hi:-BEAMISH MiniDOCHS WIIJ.. 
 
 This appeal from tlio judj^iiK'iit of tlin Coiiit of I'roliato at r^uiifiilnnij, aHiniiiiij^ tlic 'rcstatoi's 
 last will, Clinic ln'foiv this ('oiiil. for ari,'uim'iit, wlu'ii the iiiimitcs of evidence Iiaviii^' iieeii read for 9510 
 an liour, it was found that it woidd take three days to j,'o throii;,di them, and thcnoiipon it was 
 n<,"eed that the counsel should send in their respective liriefs, and that the whole case should l)e con- 
 sidered in vacation. 'I'his has heen tlone and I hivve now to pronounce di'cision. 
 
 The Testator died in Feh., 1M7<>, havini,' made Four wills in 1m7.') ; tlie first while he was resid- 
 in}.^ at Mr. Chas. Beamish's in Halifax on the (Jth April ; the 2nd on the 21st, and the thiid correct- 
 h\<^ some mistakes on the 27th Aujfust ; and the fourth now in dis])ute on the l.jth of Nov. It is 
 material to consider the first will for two reasons, first, hecau.se Beamish states that Testator's mind 
 appeared at that time to he' perfectly clear, and .second, hecau.se with le^'acies of ?<.'{()()0 to Beami.sh, 
 whom he calls his hest and tried friend, of 81000 to his daughter, of !?1000 to his si.ster-in-law who 
 was no relation, hut was at the time an ohject of his affection, and 8200 to Peck his housedveeper 9520 
 while at Lunenhurg for her atti'ution to him in .severe illness, he ticiiueaths .54.')00 in trust for Mrs. 
 Knulhack to her .separate use for life, to he divided at her death auK^ni,' her children then livinjf. 
 These sums exhausted his whole estate, or went somewhat heyonil it. As the will of l.^th iS^)v., 
 contains none of these le^'acies, and <,dves the whole estate to the Kaulhack family, it is plain, 
 if it he upheld, that an entire change had taken pl.ice in his regard for the Beauu.shes, of which 
 indeed there is ahundant evidence (m the minutes to he hi-reafter noted. 
 
 The will of Novend)er is attacked upon two principal grounds — the incapacity of tlie Testator 
 from weakness of Ixjdy and mind, from ,s"/*/7(' (li'incniid, as it is called, to understaiwl and execute 
 a will ; and secondly, tlelusion, an insane attachment and desire for Mrs. Kaulhack, and the exer- 
 cis ( of undue influence on the part of the Kaidl packs and the exces.sive .supply of intoxicating liquors 9530 
 wi h that view. — These, I neiid not say, are very serious charges, and we shall find the evidence 
 up )n them in the last degree contradictory and irreeonciial)le. I shall not pretend to go through 
 this evidence in detail, hut shall review its leading featui'es, marking the lines from which I derive 
 it in the margin of my opinion. Fir.st of all, let us look at the execution of the will as provt'd hy 
 Mr. Solomon, County Surveyor and Treasurer, and Mr. Wi.'ntzell, a J. P., who had heen in the hahit 
 for .some years of drawing and witnessing wills. (i'5''S). 'i'hose two are the suhscrihing witnesses. Solo- 
 men ,says, " on the 14th Nov., Testator handed me the draft of the will." The witness copied it 
 wi^h alterations suggested hy Testator, and reail it to him clause hy clause, endiracing the altera- 
 tions. He took it home and engrossed it. It w,as executed next day and the witness .says " I 
 sw'ar Testator's min 
 
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 (Si'imt(H') caiiK! in. Tlir lattcf snid " I uinlrrstimil you arc iiImmii making' Mr. Miinloch's will," 
 anl furtlicr saiil " vdii IukI lirtfi"' niul it t<» Mr. .Munlucli," wliicli was iIdiii'. As it was rcail 
 cliuis*' liy clausf, Mr. M. ri'spDihli'il " that's rij,'iit." lie tlicti si;,'iii'(| it jMitliiiu' lii** timiiili to the 
 Hwil, only tlif two witiii'sst's hi I liiiiisilf In-inj,' pri'stjiit, and tin- witnesses sij^iied it." ('>iS.'», (!()(>). 
 Wontzell says, " Mr. .M. was ot sdwhI niiml and fully wipaMe of making,' a will. I liave not (lie 
 least iloulit of it." (dS.'ij. 
 
 The t'.xecution of the will is not assailed, and I need seareely say that the aliose evidence is 
 Very niatoiial and independently of the^'enenil principle raises a le;,'al presuiuptiiMi, tliat a Testator 
 HO executing,' a will knew its contents, and that it confonnid to his inttMitions. — [I Kedlield on Wills 
 :i.S7.] 
 
 I'ursnin;; tin- same course as the evideiwe, I shall now review it us it hears nn the alle;,'ee <,'one. ' 
 
 K. J. Tohin now decea.sed, had known Mr. M. from early childhood and heeii on intiniati- terms 
 with him for eii;-ht years. Saw l.ini in the end of Octolier, IH?-'). Always considered him a remark- 
 abiy clever man. He says, '• I confess 1 was very much shockeil to see the poor old man. 
 1 was shocked at his appearance ; Ik; did not appear to recoijni/.e me at Hist or to lie ahle 
 to k(M'p up any conncctetl conversation. Tho .state of his hody shocked me more than atiythin;,' 
 ols.' — he was always neat and natty in appearatu-e ])revionsly, Imt when he sat down I 
 no'..icL'il that his face was unwashed, hair inilirushi'(| and nails dii'ty. (12(t().) That 
 was my impression at the time; he was very feehle ; I noticed it hy hi:- takinj,' hold 
 of pieces of furniture ami steadyiiiij himself till he ;,fot to his chaii- ; he took a pijie and lit it. He 
 tri'd to keep it yoini,'. He; was all slohlx-red over with spittle ami looked ver\ dis;,'ustinj^, so much 
 so that I thoMijht .Mr. Heamish and Mr. Aikinshiid better take out letters of guardianship and look 
 after him. I th()U;j;ht he was not alilo to take care of himself." Inafurther answer the witness says, 
 (I :.'!).')) " I don't think he coiild writi", he was nearly l>liml,aud he had ;L;iven upreadiiii,'; he couldn't 
 see a letter; 1 watched him very closely." The evidence of these two witnesses I have ;,dvi'n at 
 laii,'e; they were iutellii^'eiit and reliahle and apparently disinterested, intimate friends, it is true, of 
 Mr. Beauiish, but incapable, one would think, of havim,' their judgments warped in any way. We 
 shall sec, then, with some surprise, how utterly they are at variance with the other witnesses ad- 
 duced by the respondents. 
 
 Tho evidence of Mr. Beaniish f shall refrain from citing in detail. It covers many j)rinte(l 
 pages, and on the point we ar' now considering is veiy decided. He says, "I observed a change 
 in the mind of Mr. M. lifUw Apr 1, lie was very feeble an ;' ' 
 
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 a private intorviow with Mr. M. (they were then living together) which was granted. I never made 
 a reque.st of that kind wliicli was not granted. Mr. M. was quite blind at that time, a,s luvstated lie 
 could not sec to read or write. (1895). I returned to Lunenburg in December and found Mr. M. in the 
 same state a.s in October. We^^ over some business transactions with hiin. Made a statement of 
 account of rents, etc. It was signed l.Sth September, by Mr. M. and my.self. J did not consider he 
 w.as capable, and he was blind. The only leniark lie made was that he was satisfied with what I 
 had done." (19(5.^ 1970) 
 
 The evidence of Mrs. Peck, the nurse, also represents Mr. M. as very feeble and childish ; his 9600 
 person as if you would wash a baby ; afraid of ghosts ; unable U> find his things ; luislaying his 
 watch ; losing his tools in the garden. But this evidence, for the reasons 1 shall hereafter give, is 
 .subject to great sii.spicion. 
 
 Peck, the daughter, says, " I heard Mr. Kaulback say in my presence that Mr. M. was childish 
 and wasn't able to attend to his own business; that anyone could cheat him if they liked." (1870). 
 
 The evidence on the other side proceeds from the Rev. Messrs. Norw(jod, Ellis and Owen, from 
 Dr. Jacobs, Messrs. Ross and Gaetz, Mr. C. E. Kaulback and Miss Petit. It oflers a singular con- 
 trast tt) what we have just been hearing, anth Nov. was sound ami clear. He was 
 that day capable of understanding the business in which he was engaged. His memory with ref'i reiice 
 to dates, &c., was very gooil. (77()0). I never found him childish, or knew him to be guilty of a 
 childish act — always to the contrary of that. I never saw him under the influence! of liquor to my 
 knowledge from 1872 to the time of his death. (7772) On the I8tli Nov. he told mo lu; had madeliiswill 
 

 
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 a fow (lays ago, and went on relating what was in it. Ho wont on to niontion that ho had cut oft", 
 the Boaniishos on account of thoir, ospocially ('harlos, annoying him so much, trying to got some 
 property and some papers, and that he was so much annoyed that lie had cut them ott'to a farthing- 
 
 I shall extract a few passages more illustrative of Mr. Murdoch's haliits and appearance. Mr. 
 Ross says, that in Oct.lST'), his dress was clean and comfoitahle and v.ry suitalile For a man of his years 
 — his hands and face were clean and nicj as any gentleman's ought to Iiave biTU — (.SSIO) — Ii' had a 
 sane, clear mind. (Sf<;<2j l-ieiug asked if he as Krm or easily led, the witness answers " lie was firm 
 — r never knew Mr. Kaulhack in any way to ondeavor to inHuenco him. 1 never kinw him to un- 
 duly inriiience Mr. M." (:i8.-)2). 
 
 So Mr. (laotz says : " I never tliought of anything else hut that lie was of sound mind. Mis 
 nuMnory was very good, he seemed to trac ; things very far back. (4().'{()). 
 
 Mr. (!. E. Kaull)ack says " i was in the hahjt of running in to see him in the summer ami 
 autumn of l!s7."j." (That is at the time the Halifax visits were paid.) "He then displayed as much 
 soundness of mind as bej'ore. He always attire(| himsel'' neatly and clean. I never knew liim 
 to ajjpeai' in the slightest degi-ee chiliiish or to do a eliildish action. J ni'vor saw Iiim under the 
 inHuenco of li((Uor. His mind seemed to be perfectly cleai' on eveiy subject that he'd speak u[)on, 
 (7 K)()j His intellect and memory appearecl to bo as clear then and sharp at the time I last .saw 
 him as wdien I fir.st made his acipiaintauce. 
 
 It appe'U's, however, from Mr. M.'s letters that he was subject to iits of depressimi and of liodily 
 weakness. Hspecially in liis letter to Mi-. Beamish 2!)th November IS7."), written liy Ivlua Kaul- 
 hack to his dictation, these symptoms appear in a very inaiked degree, which it is diMicult to 
 undiM'stand. Still, 1 tliink we must come to the conclusion that so numeious and reliable 
 concurrent statements coming from gentlemen of position with the m(l^t ample oj^portu- 
 nities of kiiowleilge, ami confiimed by other witnesses independent ■)!' Mr. Kaulbuck liiiiisolf, 
 constitute not oidy a weight of evidence, but an irresistible weight in support of Mr. M.'s capacity 
 to comprehend and his power to 'execute the will of l.")tli Nov., bs7.'). And if he had the intelli- 
 o-enco anil Hrmm-ss imputed to him, he could not have been swayed liy undue inthieuce. 
 
 That he was warmly attached to the Kaulhack family, is apparent from all his acts and his 
 rept^ated declarations, ■md 1 cannot but think that it is doing injustice to his memoiy to infei- from 
 some ra.sh or thouglitless expressions a criiuinal and insane ilesire.nnd a deliberate puij'ose todisturli 
 the domestic peact^ of those whom lie legarded as his best friends. These ari' proved, besides, only 
 by the nurse, who never possessed but had forfeited his conHdem.'e — and whose intem|ieiate habits 
 are proved liy many witnesses, and there is reason to believe, (•.nisuiiied the large i|uaiitities of 
 whisky too lii)era!ly supplied by .Mr. KauUiack up to duly, when they \-eiy properly ceased. It is 
 impossible to believe, with the testimony ot so many witnesses, tliat two gallons of whisky a wei-k 
 could have been used by Mr. M. himself, or by any one iiiidir his roof. This is one of 
 the ditliciiltiesof the case— ami so also is Mi\ Murdoch's sudden antipathy to the iJeamishes. 1 
 shall not attempt to go through the huge amount of evidence on that score. It re-appears in at 
 leasta do/en passages. It does not display itself in the letters of the '2'2t\i\ Apiil to \hiy lOtli, and 
 24th Jnni' and 2i)th November, l!S75, nor in Mr. M.'s assurance to .Mr. IJeamish that he had lefc 
 him half his pioperty. Yet, this anti|iatliy, and the giounds of it. slight as they appear, are too 
 often ti'stitied to to be doubted. And if he was himself actingon his own convictions and impulse.-, 
 the law gave him the right. A will, however capricious or harsh, cannot be set asidt! if it be the act 
 of a volition, free and untrammelled. We must recollect, too, thiit the iJeamishes di.■;,•■>•' 
 
 
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 if they had bet^ii lirothoix, nephews or nieces. Hcaiiiish and his danyliters, for auglit 1 know, may 
 be his next of kin, which would be an argument in tlicir favor. 
 
 Tlie only point of any coiise(| nonce that rci'iains is the (|nestion (jf undue influence. Aii tlie 
 Er.gli.sh and American cases on this subject, up to the year 1nt in, are to be found in Iledtield on Wills, Srd edition, Vol. 1, ")07 to 
 5:}d, especially at pages ')18, 20 and .SO. Two of the Knglisli cases I shall intro(hu'e here, and invite 1)690 
 at.ention; aN(J, to the cases of Lovett vs. Lovett and Swinfcn vs. Swinfen, both in 1 Foster and 
 Fiahi.yson, i)M and .3(S4 — th.o lust a remarkable case of a will, sustained by a jury and upheld by 
 tliM court. 
 
 In the ca.se of Stultz v.s. SehaefHe, 18 L. and E. .')7<), decided in 18.')2, Dr. Lushington observed 
 th;it in the (piestion of uiKhie inHueiice, very little is to be found in the books, or could be expected 
 to be found. Son.e dicta, he says, we havts; for instance. Sir John Niehol, in the case of Kindle- 
 si(e vs. Harrison, 2 Phillimore, .").')!, observed that importunity, in its correct legal interpretation, 
 m st b,' in su(;!i a d 'gr>.'j as to tik.! aw.iy from th;' t'!-it:itor fr.;.; agency. Tlie same (piestion was 
 dii-cussed in Williams vs. (ioude, 1 Hagg .■)77, and Huddleson v.s. Ai'mstrong, 1 ^1. P. (". 478. Tlie 
 testatf iiiiprcssiiins  will." 
 
 " One point is beyond di.sjmte, and that is, that whenever it has been proved that a will has 972(> 
 be 'ti executed with due soleiiiiiitit's by a ])erson of competent imdfrstanding and apjiaiently a 
 fr( e agent, the burthen of pm\ing that it was executed umler undue influence is on thr party who 
 alleges it. UmUie influence cfinnot be presumed." 
 
 " The undui' influence must bean influence exercised in relation to the will itself, not an 
 in luence in relation to othei' niattei>i or transactions. Ihit this princijth- must not be carried too 
 fa.\" And tlien he proceeds to modify it by a case which he puts, not a])plyiiig to the present. 
 
 In IH.")!), in Hall vs. Hall,] L. k P. & 1). 482, Sir J. P. Wylde directed the jury in these 
 tciins : " To make a good will a man must be a free agent. Rut all influences are not unlawful. 
 Persuasion, appt'als to the affections, or ties of kindred, to a si'Utiment of gratitude for past servi- 
 ces, or pity for future destitution, or the like — these are all legitimate and maybe fairly jiressi.'d 9730 
 
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 on a testatOi'. On tho other hand, pressure of whatever character, whether acting on the feai-s or 
 the hopes, if so executed us to overpower the volition, without convincing tlie judgment, is a species 
 of restraint under which no valid will ever can bo made. In a word, a testator may be led, but 
 not driven ; and his will inu.st be the offspring of his own volition, and not the record of some 
 one elses." 
 
 Applying this last oleervation to the ca.se in hand, I would remark that the circumstances of 
 Mr. Kaulback having acted as the attorney or .solicitor of Mr. Murdoch in a case having no con- 
 nection with the will, appears t(j us of very little consequence ; and that the fact, naturally leading 
 to suspicion, of the draft of the will of liiih November, having been in Mr. Kaul back's hand- 
 writing is accounted for in his evi " 
 
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 (ho (loi'uiiii'iits in jiiT)i)t' mill tin- cviiltncc of Mr. Kinilluu'k, tlic |mity in finor of wlmiii and of Ills 
 faiiiily the will was nuuli', foi' tlic siiiij)!!' reason thai lie is iii'ttcr informed >l>an iniy one cdse as to 
 wliat took place between liiin and tin; deceased testator, Iteeanse lie is tlie party mainly inteicsted in 
 sii-itainin;,' tlu' will, and Inrause tlie doiilits 1 entertain as to its validity are more stronj,dy sustained 
 l)y Iiis evidence tlian that of all the other witne.sses together, lie is hesidijs not only a lawyer hut 
 a man of intellij,'ence and position. 
 
 I shall not refer to the history of Mr. Mmdoeh previous to 1872, when lie first wi'nt to reside 
 at Ijunenhurj,', further than to otiserve that it Mppeiiis hy the evidence that he was a liteniry man 
 of intemperate hal)its, had never Ixen married and had residi'd diiriii;; most, or all of his ])revioiis 
 life, in Halifax ; his nearest relatives here hein;^ his cousins (,'harles Heamish and his luotheis, ami 
 Mr. T. Aikins. 
 
 He went to reside in Luneiii)iir;,f in I.S72, lieiii;,' then at least 72 years of a;,'e. The witnesses 
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 " Mrs. Kiuilliiick. HimI ,%'() out wi-tMlinj,' and siipcrintt'inliiij,' niul priuiin^,' tin' |iliiiit.s sonirtiiius, 5)860 
 " I tliiiik two-tliinl.'s i)f tlif tiim- lie was at my huiisc (tliat is (if tin- fiiiic |ii'o|(lf arc out of IhmI). He 
 " was in tlio lialiit of Mjn'iicrui;f tlic cvtiiin^' at my liousc. Wlu'iuvt r Mrs. Kaulliack or I drovi! out 
 " ho was j,'i'iu'rally our of the [larty." 
 
 Mrs. IVck had said (207^*) that shn wa.s in thi? habit of uuilrtMsiui,' liiiii ami putting,' him to 
 hod, l)ut Kaulhack denies this in these terms (4()M.')): " I saw hiui more than half the time i^o to 
 bed myself, and unoress liiniiseif." So tliat .Mr. Kaulliaek was in tlie haliit soum' half ortwo-tidrds 
 of tho tinii! of Mei'in;^ him home at iw;,dit and in lied, as well iis eiiteitainin;,' him throu;,'h the day. 
 (4!)7'i). His plate was re;;ulaily set for him at taide ; so that hi; was not oidy treated as a lioardef 
 but was allowed |»rivile;;('s not usually accorded to boarders and all this without any char;,'e. 
 This state of atliiii's is mole than abundantly conlirmed liy .Mr. Kan I back's children and servants, 9800 
 wlu) were examined as witnesses. 
 
 Jiut the kindness of .Mr. Kaulback and his family to Mr. .Murdoch did not end here, Mi'. 
 Kaulback was his banker, and lent him money from tinu' to time as he re(|uireil it, bir which, and 
 for the value of li(|uois imported on joint account, or supplied to Mr. .Murdoch out of his cellar, .Mr. 
 Kaulliack took his note of hand, of wliich, at tho time of his death, he held to the amount of aliout 
 !iiil,(;0(), ((iO.SJi) all incurred within eiohteon months of his death. .Mr. Kaulback onci' expressed 
 .surprise to lieamish as to wluit .Murdoch, who had a net income of S(i()() a year could do with all 
 his money. If we could place implicit loliance on .Mrs. Peek's evidence, which is dpni t() suspicion 
 from her i;;iiorance and intemperate habits, we woidd have no dilliculty in solviuj,' the mystery; 
 (22()!Sj but I don't considei' it very uuiterial. Mr. Kaulback was also .Mr. Murdoch's solicitoi'. Ife 9870 
 defended him in an action at law, he assisted him in makin;;' his m •rani,'ements with Ueamisli, (Hi7.");, 
 he declined, it is true, to acce|)t a general power of attorney (OlHOy, out ho accepted the charj^c of a 
 schedule of his securities luid property (50()4), ;ind took part, more or less, by udvice and otherwise, 
 in tho projiaration or execution of no loss than four different, wills, made hy Murdoch botwoon Tunc 
 and November, 1875. Murdoch had no other solicitor, and Mr. KaubJauk undoubtedly filled that 
 position in fact, though pc;rhap9 not for specific pecuniary reward. 
 
 Mr. Kaulhack also suppli<'d Mr. Murdoch with the greater part of his licpiors out of a cask 
 which he imported (or their joint use. (59l!2.) It is undeniable, from the evidence of three witnesses 
 (^745, 2768 and 1^880), which is not contradicted by Mr. Kaulhack, that he received from Mr. Kaul- 
 back's cellar two gallons of whiskey per week, besides champagne, sherry and claret, tho (piantities of <)880 
 which are not given. (4200, oIOO, (i505). Besides this .Mr. Kaulback's evidence shows thai ho was 
 sued for $54.60 (5108, 5S02j, for brandy procured by him from Mrs. Metzlor, in tiio months of May, 
 June and July, 1875, inclusive. 
 
 What became of his licinor ? Some small poition of it, doubtless, was used in treating, very 
 moderately, the two or three gentlemen who oci^isiomdly visited him ; and there is reason to believe 
 that Mrs. Pock used a part of it ; but making all allowance for these it is clear that Murdoch drank 
 at his own house, at least two bottles of whiskey per day. The ([uantity seems amazing for a man of 
 seventy-five and not at all robust. But our astonishment is increased when we consider that he was 
 at Mr. Kaulback's house every day, from the forenoon until bedtime, and often from tho morning. 
 He WPS there, Kaulback says, two-thirds of his waking time. Surely he did not carry his liquor to 9890 
 Kaulback's house to use it there. It is evident, I think, that he consumed this marvellous quantity 
 at his own house, and it is not possible to believe that in the other two-thirds of his waking hours, 
 when he was at Kaulback's, he did not continue to use that which was indispensable to keep him up 
 to the standard of conversation and argument, so fully and minutely described by .Mr. Kaulback and 
 
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 other witnesses. It is evident that liquors wore used freely in the house and given by Kaulhiick to 
 his visitors. Mr. Murdoeli was not excluded when others, were piutaking, and Mr. Kaulbiick certainly 
 did not keep liis closets locked or his decanters sealed against him, Ou the contrary, I think we may 
 presume from the evideni(! that li(iuors, as well as everything else in the house, were at the disposal 
 of Mr. Murdoch as freely as of Mr. Kaulhack himself. He was habitually under the powerful 
 stimulus of 8|)irits. When otherwise, he was as when seen at his house by Outram, 'I'obin and 9900 
 Beamish and described by them, l)y Mrs. Peck and others — dejected, weak, tottering, dirty and iml)e 
 cile. lie must have used the liejuor as Uc Quincey u.'"d opiuu), to bring himself up to a standard of 
 intelligence and mental activity — then when he was lit see company he would receive a friend at 
 home or go up to Kaulljack's. It was in this condition that he was seen by tlu! three clergymen who 
 never saw iiim intoxicated. Had they seen iiim when (|uite sober they would have neen him as be 
 was seen by the other ecpiallv reliable witnesses, who give so diirereiit a description and who, from 
 their previous acciuainfancc witii him, were better at)le to discern tiie etfeets u|ion his mind and body 
 of such excessive indulgence. This is the only way I can reconcile the very eonllieting testimony, 
 and I tliink it is the true explanation. 
 
 That Murdoch was at his best when \w had consumed a large quantity of spirits is (piite eonsis- 9910 
 tent with what we know of the biography of men eminent in philosopliy, in oratory and in poetry. In 
 the golden d..ys ot Knsjiish parliamentary elocjuence, the days of Pitt, Hurke, Fox, Sheridan and 
 Hrougham, the most splendid ellbrts were made, wlien the speakers were under the powerful intluence 
 of intoxicants. But for brandy and oi)iiun we would not have had ('hild(^ Harold and De (iuiiic(?y 
 poured forth in rajjid succession his l)rilliant literal y fragments, wonderful alike for their learning and 
 ar:, logic and pathos, when he was consuming enormous (]uantilies of o|)ium. The ease under con- 
 fideration — unusual indeed l)Ut by no means unprecedented — is (jnite incxjjlieable uidess we take into 
 consideration the wonderfe.l extent to which the human system may be trained to witlisland tiie ordinary 
 ctlects of intoxicants, the orilliaiicy of intellect whicli fbey l)rodue«' wiu'u not partaken of beyond tiie 
 point of artificial endurance produced by constant and accpiired hal)it, and the terrible reaction, producing 99;!<> 
 dejection, despair, or idiott^, when the i;xciting cause is withdrawn or materially diminished. The 
 former was his usual state when seen by by strangers, the latter when seen by Ontrauj and Toliin. 
 
 It does not appear that Murdoch frequently exceeded the ril. 
 1875, and while there he prepared his will ( \o 1 ), wiiich appeals to have been his own voluntary 
 act, in which, in substanci' he bequeatod half his property to Charles l>eami>li. the a|)pellant ; and the 
 other half to Beamish, in trust, for the separate use of Mis. Katdback and liei- family ; constituting 
 Beamish his sole executor and trustee, with full powers. In this will he calls Beamish "my best 
 und tried friend, my cousin, Charles Beamish." There can be no doubt this will expressed the true 
 
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 stj-te of his feelings at that time, and so far as Beamish was aware at the time, his feelings continued 9940 
 tha same during his life. We t "id in the evidence his letters from Murdoch to Beamish between the 
 ^i^nd April and 29th Novembe ; the last bf^ing subsequent to the making of the will in disi>ute ; in 
 al; of which he addresses him as "your affectionate cousin," "ever affectionately yours," or words to 
 that effect. 
 
 In these letters, which are eloquent and reliable witnesses in the cause, he speaks of his wretched 
 health (which during that period, seems to have been very indifferent and precarious), his business, his 
 fei^lings ; he entrusts to Beamish numerous kind offices, large and small, expresses repeatedly his 
 great gratitude and confidence, and urgently invites him to visit him at Lunenburg, wiiich he did on 
 several occasions. Even after he had made the will in which Beamish's mime was not mentioned he 
 told him he had left him half his property (1090), this leading him to believe that his will of (Jth 9950 
 April had not been changed. During one of these visits — in September — Beamish settled all his 
 pecuniary transactions with Murdoch, to his satisfaction, and to the satisfaction of Kaui^ick, who 
 asyisted Murdoch, and who counted the money at Beamish's request, as the latter did not consider 
 Murdoch qualified to transact business, so much so thnt he cautioned Kaulback against all wing him 
 to make another will (1567), though this is denied by ICauIback. 
 
 I have already stated that Murdoch made a will (1) in Halifax in April, leaving his property, 
 one half to Beamish and the other to Mrs. Kaulback, shortly afterwards he returned to Lunenburg, 
 lei ving the Beamishes on the most friendly terms. His next will (having been previously prepared, 
 by whom we are not told), was executed at New Ross, in Lunenburg Countj, in June. He had gone 
 thiue with Mrs. Kaulback and her family to a weddiug Mr. Kaulback was not present, but Murdoch 9960 
 had commtinicated to him a month previously (4620, 4630) that he intended to make an alteration in 
 his will to the piojudlce of the Beamishes. On his retuin from New Ross he handed it, sealed in an 
 envelope, to Xaulback for safe keeping. 
 
 By this will (No. ,2) Murdoch left, substantially, three-fourths of his property to the Kaulbacks 
 and one-fourth to Beamish, still calling the latter his •' trusty cousin " and naming Kaulback and 
 Bt amish as executors. This will was defaced by Kaulback's fire and required to be re-(Migrossed, 
 which was done by Mr. Kaulback's clerk, under Kindhnck's directions, at Murdoch's recjucst, omitting 
 a small legacy to his housekee[)er, Mrs. Peck, which had been contained in the two former wills. 
 This will (No. 3) was dated 21st August. Kaulback attended to its due execution (46()5j. 
 
 A necessary clause having l)een omitted in the Sn\ will (4695) it was re-engrossed and executed 9970 
 27th August — the two former wills, Nos. 2 and 3, being destroyed (47('8) — but a copy of the will No. 
 4 is annexed to the evidence, fVjm which we can giither the contents of these three wills (Nos. xJ, 3 
 and 4), which were substantial) »• the same as far as regards Mr. Beamish. The fifth and last will was 
 dated and executed on 15th November; it leaves his whole property to Kaulback and his family, 
 omitting all mention of Beami: li, and makes Kaulback and Mr. Owen his executors fp. 3). The 
 draft was in Mr. Kaulback's wr fing, and beyond doubt he interested himsell actively in relation to its 
 preparation and execution, as ajjpears abundantly from the whole of his "'vn evidence as well as that 
 of the subscribing witnesses. 
 
 Murdoch was intelligent at the time, and I have no doubt fully understood what he was doing. 
 The question now arises whether, upon the evidence as I have so far stated, there is anything to in- 9980 
 validate this will, and I feel bound to answer, after a careful examination of the cases, in the negative. 
 Hinley vs. Stacey, 1 F. and F. 574 ; Walkem on Wills 76, 77, 113 (i); Easby vs. Foster, Law Times, 
 2l'th July, 1.S76, and cases Boyne vs. Bosborough, (i H. of L. Gas. ; Walkem 144 (1). 147, 155 b, 
 156 (d) and cases Walkem 118 (4) (5). That Kaulback and his family exercised great influence 
 

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 over Murdoch is the necessary deduction from the evidence of all parties. That Kaulback boarded 
 him gratia, supplied him with his liquors, was his banker and confidential adviser, and he and his 
 family provided him with the society he so much needed, is certain ; and as certainly they exercised 
 over him a corresponding and powerful influence. But all this under the law, which is well settled, 
 is no ground for setting aside the will. If they had gone further and solicited him to provide for 
 them, to the exclusion of his relatives, even that would not have been a sufficient cause. These are 9990 
 *• influences," certainly, but not " undue influences," It would be an unfortunate circumstance for 
 the sick, the aged, the imbecile and the desolate if they were deprived of the protection, the kindness 
 and society so often, and most properly, rendered to them in the hope of a testimentary provision. 
 Neither is the fact of Murdoch's intemperance any ground provided he was himself at the time of 
 execution, and knew, as I think he did know, clearly and intelligently, the effect of what he was 
 doing. Had he indeod executed a will under the influence of either such an excess of stimulus as to 
 produce actual drunkenness or of the reaction which must have followed a total cessation of the ex- 
 citement, there might have been room to doubt ; but 1 infer from the evidence that he was not in 
 either of these conditions, but in his usual state of strong but uitelligcnt excitement. 
 
 There is, however, one view of the case which has created very strong doubts on my mind. 10000 
 
 1 have already said that Kaulback had necessarily, under the circumstances, a very powerful 
 influence over Murdoch This abundantly appears throughout the evidence. If tliat influence was 
 exerted to produce false impressions on his mind as to the conduct of those whom he had previously 
 recognized as his nearest relations and best friends, with a view to induce him to disinherit them and 
 substitute himself and his fi-mily as legatees of his whole property, tliat would be an undue, because 
 fraudulent, influence under the decided cases. I have already referred to the previous lifelong intimacy 
 between Murdoch and Beamish, and his recognition of this in the most kindly miuner in the corres- 
 pondence extending from the time of his removal to Lunenburg in 1874 down to a period subsequent 
 to the execution of this lust will. 
 
 But it is evident that from a period antecedent to the last will there was a hostile feeling growing 10010 
 up in his breast against Beamish and his relatives, well ktiown to Kaulback, but concealed from them- 
 (5392). This is perfectly evident, not only from the testimony of Kaulback, but it is clearly proved 
 by Rev. Mr. Ellis (3457, 3G()0). by Rev. Mr. Norwood (3157, 3260, 3330j, and by Mr. Ross (3814, 
 3908), and this feeling, coupled with the extreme kindness of Mr. Kaulback towards him, undoubtedly 
 contributed to his utterly excluding Beamish from his testamentary beneficence. Now, it is singular 
 to observe how often his grievances against Beamish formed the subject of conversation between Mur- 
 doch and Kaulback 1 find the latter giving accounts of many different conversations on tiiis topic, 
 viz. : on lines 4186, 4620, 4961, 5250, 5330, 5340, 5390, 5581, 5635, 5641, 5668, 6180. 6570. By 
 these statements of Kaulback it is evident that these fancied (for there were no real) grievances against 
 Beamish formed a constant topic of conversation between them. In all of those which I have entjmer- 10020 
 ated, Kaulback, who is the only living witness of what took place, tells us what Murdoch says, but 
 no where does he tell us what he said himself in reply. He must have said something. But h e 
 neither admits (with the exception I shall presently mention) that he encouraged what he must have 
 known to be a delusion ; nor does he «.ay that he in any way discouraged it. In this very important 
 particular the evidence is deficient. There was one occasion, however, on which he gives us brieflv 
 his share of the conversation. Kaulback had, from instructions given him by Murdoch, which were 
 not produced, having been (I think unfortunately) destroyed by Murdoch, prepared a draft of the 
 will of I5th November. He says (790, 800) : " After I had finished the copy I had made from the 
 " paper he handed me, and from the suggestions he made to it {sic), he asked me to read it over to 
 
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 " him, and I read it. He then requested mc to engross it. He assented to it that it was correct. I lOOSO 
 " won't say it was just what he wanted. He approved of it, said it was right. I can't remember every 
 " word he said. / declined to engross it. I told him that he krtkw well the conduct of Beamish 
 " and what Beamish had said to him, and it was right I should not have anything to do with 
 " making his will." 
 
 If this was a sample of what he said to Murdoch in his previous conversations. If with the 
 powerful influence he must have had over Murdoch from the circumstances I have mentioned, he was 
 continually nursing an unfounded delusion on the mind of a man habitually excited with intoxicants. 
 If there were clear evidence to that effect I could tiot sustain the will. Here we have Kaulback at 
 the very critical moment when he and Murdoch together were engaged in framing, by their joint 
 efforts, a will to take from Beamish even the fourth part of his property which had been given to him 10040 
 by the three prior wills and give to Kaulback and his family the whole of the property, pointedly 
 reminding him of his fancied grievances, as if in fear thst Murdoch would forget them, and iigain 
 change his mind. This circumstance, given to us by Mr. Kaulback himself, has affected my judgment 
 so much that it is only with great doubt and hesitation that I have been enabled to sustain the will. 
 
 If I am justified by the evidence in entertaining these doubts, surely this was a proper case for a 
 full discussion in this court. The parties could not, in such a case, have been expected to rest satisfied 
 with the decision of a Judge of a County Probate Court, however venerable in years and honorable 
 in reputation. More especially do the decided cases sustain the appellant's right to have the costs 
 paid out of the estate when the doubts which exist, even if not well-founded, were created in the 
 mituls of his relatives by the conduct of the testator himself. I refer especially to the fiict that by his 10050 
 letrers and his declarations to his relatives shortly before his death he led them to believe that he had 
 not altered bis will in their favor made in April. In these circumstances I would have considered the 
 counsel for appellant deficient in the perlorniance of their duty to their client had they not appealed to 
 this court ; and therefore I cannot but think that the costs should be paid out of the estate. 
 
 I have omitted reference to many minor but important points in the evidence which I could not 
 introduce without largely increasing the prolixity of this opinion. 
 
 IN IHE SUPREME COURT, 1879. 
 
 I^TTNENBURO, SS. 
 
 In the matter of the proof in solemn form of law of the instrument bearing date on the fifteenth 
 day of November, in the year of our Lord one thousand eight hundred and seventy-five, purporting 10060 
 to be the last will and testament of Beamish Murdoch, late of Lunenburg, in the County of Lunenburg 
 and Province of Nova Scotia, Queen's Counsel and Doctor of Civil Law, t&c, deceased. 
 
 On motion, and after argument, it is ordered that the appeal from the decree of the Judge of 
 Probate for the County of Lunenburg bfv.and the same is hereby dismissed, and that the decree of 
 said Judge of Probate herein dated the tenth day of March, A. D. 1877, be and the same is hereby 
 confirmed. 
 
 Dated at Halifax this' (Signed) M. I. Wii.kins, Prothy. 
 
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 IN THE SUPREME COURT 10070 
 
 HALIFAX, SS. 
 
 In the matter of the proof in solemn form of law of the instrument bearing date on the fifteenth 
 day of November, A. D. 1875, purporting to be the last will and testament of Beamish Murdoch, late 
 of Lunenburg, in the County of Lunenburg and Province of Nova Scotia, Queen's Counsel, Doctor of 
 Civil Law, &c., deceased. 
 
 Upon hearing read the affidavit of Wallace Graham and papers herein, and on motion, I do order 
 thit the appellants to this Court, Charles Beamish and Henrietta James, have twenty days further 
 time to appeal herein to the Supreme Court of Canada, from the judgment of this Court, dismissing 
 thj appeal from the Court of Probate for the County of Lunenburg, and for the perfecting of said 
 appeal in this Court. 10080 
 
 Halifax, 9tli January, 1879. fSigned) H. W. Smith 
 
 IN THE SUPREME (JOUKT, 1879. 
 
 HALIFAX, SS. 
 
 In the matter of the proof in solemn form of law of the instrument bearing date on the fifteenth 
 day of November, in the year oi our Lord one thousand eight hundred and seventy-five, purporting to 
 be the last will and testament o) Beamish Murdoch, late of Lunenburg, in the County of Lunenburg, 
 and Province of Nova Scotia, Queen's Counsel, Doctor of Civil Law, &c., deceased. 
 
 Upon hearing the judgment of this Court, delivered on the tenth day rf December, A. D. 1878, 
 in this matter, dismissing the appeal from the Judge of Probate (or the County of Lunenburg, herein 
 to this Court taken by Charles Meamish and Henrietta James, and affirming the decree of said Judge 10090 
 of Probate and the papers herein, and on motion I do order that Charles Beamish and Henrietta James, 
 tlio appellants in this matter to this Court, have leave to appeal to the Supreme Court of Canada from 
 the said judgment of this Court, herein. 
 
 And I do further order that the said Charles Beamish and Henrietta James shall be at liberty, 
 within five days, to pay into this Court, to the credit of this matter, the sum of five hundred dollars, 
 by way of security that they, the said Charles Beamisii and Henrietta James, shall and will duly and 
 efiectually prosecute their appeal from this Court to the Supreme Court of Canada from the said judg- 
 m(!nt of this Court herein delivered on the tenth day of December, A. D. 1878, and for the payment 
 of such costs and damages as shall or may be awarded in case the said judgment of the said Supreme 
 Court of Nova Scotia shall be alHrmed, which said security is hereby approved of. 11000 
 
 And because the ordey, which should pass on said judgment was not settled by this Court and 
 signed until on or about the 23rd day of January, 187!), no other terms are imposed. 
 
 Halifax, January 25th, 1879. (Signed) A. Jami<:8. 
 
 
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 IN THE SUPREME COURT, 1879. 
 
 HALIFAX, 88. 
 
 In the matter of the proof in solemn form of law of the instrument bearing date on the fifteenth 
 day of November, in the year of our Lord one thousand eight hundred and seventy-five, purporting 
 to be the last will and testament of Beamish Murdoch, late of Lunenburg, in the County of Lunenburg 
 and Province of Nova Scotia, Queen's Counsel, Doctor of Civil Liw, &c., deceased. 
 
 This is to certify that by an order of the Honorable Mr. Justice James, one of the Judges of this 11010 
 Court, made in this matter, dated the twenty-fifth day of January, 1879, It was ordered that Charles 
 Beamish and Henrietta James, therein mentioned, the appellants herein, should be at liberty, within 
 five days from the date thereof, to pay into this Court, to the credit of this matter, the sum of five 
 hundred dollars, by way of security that they, the said Charles Beamish and Henrietta James, would 
 duly prosecute their appeal to the Supreme Court of Canada, from the judgment of this Court herein 
 delivered on the tenth day of December, A. D. 1878, and for the payment of such costs and damages 
 as may be awarded in case the said judgment of the said Supreme Court of Nova Scotia be affirmed, 
 and that the said Charles Bean)ish and Henrietta James hare duly paid into this Court, to the credit of 
 this matter, the said sum of five hundred dollars, and the same now remains in this Court as security 
 as aforesaid 11020 
 
 Given under my hand and the seal of the said Supreme Court, this 27th day of January, A. D. 
 1879. 
 
 [L.S.] (Signed) M. I. Wilkins, 
 
 Frothy. 
 
 SUPREME COURT, 187H. 
 
 HAXIFAX, 88. 
 
 In the vmtter of the pruqf in solemn form of law of the instrument beariny date on the fifteenth 
 day of November, in the year of our Lord one thoiiMand eight hundred and seventy-five, 
 'purporting to he the last will and testament of Beamish Murdoch,late of Lunenburg, in 
 the County of Lunenburg and Province of Nova Scotia, Queen's Counsel, Doctor of Civil 
 Jjaxv,  ^ Y day of February, A. D., 1879. 
 
 M. I. WILKINS. 
 
 Frothy. 
 
 in the Province and Dominion aforesaid, this 
 
 [L.S.] 
 
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