Note 170 — Chapter VIII · (continued 2)

The prisoner called on the solicitor on the Saturday and asked him to come up the next day to draw the will, to which he consented on the prisoner’s representation of the state of the lady—but wished a medical man to be present. The prisoner, however, assured him it was quite unnecessary, as she was suffering only from diarrhœa, and was quite in her right mind. “I went,” said the witness, “to the prisoner’s lodging, and he informed me that they were not married, which was another reason why he did not wish a medical man to be present. I then went up to the bedroom of the deceased, and the prisoner said to her, ‘My dear, this is the gentleman who has come to make your will.’ She bowed, and handed me the paper which I had seen on Saturday. I looked at it, and asked her if that was what she wished, and read it to her, and she said it was quite correct, except that she wished to leave a brooch to a friend. I then drew up the will in accordance with her instructions, in a lower room. The prisoner was with me, and, when the will had been drawn up, said the daughter of the landlady could be one of the witnesses, and he supposed I could say it was some Chancery paper. I told him that would not do. She must know it was a will, and he replied, ‘Oh, very well.’ Shortly afterwards the deceased executed the will, and I and Miss Wheatley attested it, and I handed the document to the prisoner, who paid me my fee. She appeared perfectly competent to make a will.”—Evidence of Mr. Senior. The will was proved by Smethurst, notwithstanding opposition, after his punishment for bigamy.