IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

f itt IIM

lAQ

2.0

1.8

1.25 1.4

1.6

►

o^m

■c^l

<pl

Photographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

CIHM/ICMH

Microfiche

Series.

CIHM/ICIVIH
Collection de
microfiches.

Canadian Institute for Historical Microreproductions

Institut Canadian de microreproductions historiques

1980

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

□ Coloured covers/
Couverture de couleur

□ Covers damaged/
Couverture endommagde

)

□ Covers restored and/or laminated/
Couverture restaurde et/ou pelliculde

□ Cover title missing/
Le titre de couverture manque

□ Coloured maps/
Cartes gdographiques en couleur

□ Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

□

Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur

Bound with other material/
Reli6 avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

La reliure serr^e peut causer de I'ombre ou de la
distortion le long de la marge intdrieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajoutdes
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas 6t6 filmdes.

[Zl

Additional comments:/
Commentaires suppldmentaires:

Page 91 is missing.

L'Institut a microfilm^ le meilleur exemplaire
qu'il lui a 6X6 pos^^ible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiqu6s ci-dessous.

□ Coloured pages/
Pages de couleur

r~/ Pages damaged/
I I Pages endommag6es

Pages restored and/or laminated/
Pages restaur6es et/ou pellicul^es

□ Pages discoloured, stained or foxed/
Pages ddcolor6es, tachetdes ou piqu6es

□ Pages detached/
Pages d^tach^es

□ Showthrough/
Transparence

I I Quality of print varies/

n
□

Quality in^gale de I'impression

Includes supplementary material/
Comprend du materiel supplementaire

Only edition available/
Seule Edition disponible

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6X6 film^es d nouveau de fagon d
obtenir la meilleure image possible.

This item is filmed at the reduction ratio checked below/

Ce document est film6 au taux de reduction indiqud ci-dessous.

10X

14X

18X

22X

26X

30X

12X

16X

20X

24X

28X

32X

The copy filmed here has been reproduced thanks
to the generosity of:

The Nova Scotia
Legislative Library

L'exemplaire filmd fut reproduit grAce d la
g6n6rosit6 de:

The Nova Scotia
Legislative Library

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettetd de l'exemplaire filmi, et en
conformity avec les conditions du contrat de
filmage.

Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. Alt
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

Les exemplaires originaux dont la couverture en
papier est imprimde sont filmds en commen9ant
par lo premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont film6s en commenpant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

The last recorded frame on each microfiche
shall contain the symbol — »- (meaning "CON-
TINUED"), or the symbol V (meaning "END "),
whichever applies.

Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole -^ signifie "A SUIVRE", le
symbole V signifie "FIN".

Maps, plates, charts, etc., may be filmed at
different 'AHuction ratios. Those too large to be
entirely \r- >\i'\(*f\ in one exposure are filmed
beginning in t^e vjper left hand corner, left to
right and top to t mom as many frames as
required. The following diagrams illustrate the
method:

Les cartes, planches, tableaux, etc., peuvent dtre
filmds d des taux de reduction diffdrents.
Lorsque le document est trop grand pour dtre
reproduit e^. un seul clichd, il est film j d partik
de Tangle supdrieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
iilustrent la mdthode.

32X

;

|n iht Mpmt ^tutt 0f (!^»M(la.

J^IPI^E^.L

From the Supreme Court of Nova Scotia.

In the matter of the Proof in Solemn Form of Law of the Instrument bearing
date on the 15th day of November, A.D., 1875, purporting to be the Last
Will and Testament of Beamish Murdoch, &c., deceased.

CHARLES BEAMISH, et. al, APPELLANTS.

AND

H. A. N. KAULBACK, et. ai... RESPONDENTS.

SAMUEL G. RIGBY, Q. C, Attorney of Appellants.
W. F. MacCOY, Q. C, Attorney of Respondents.

1/.

!■■

HALIFAX, N. S.:

PRINTED BY WILLIAM MACNAB, 12 PBINCK STREET.

1879.

r A

^•^

IIT3DE3::.

!•

Page.

Case

Will of 16th Nov., 1876, (contested)

Caveat

, , .

Petition for

proof in solemn form

EVIDENCE IN SUPPORT OF WILL.

Examination E. 11. Solomon

Jnmes H. Wentzel

EVIDENCE FOR PETITIONERS.

Elizabeth Peck

Josepli Oiiti-ani, jr.

E. J. Tobin

0. Beamish

Catharine Peck

Thomas Mvrer.. . .

Joseph Creighton

Thomas Cm-11....

Francis Morash

EVIDENCE FOR LEGATEES.

George A. Ross . .

Rev, Mr. Norwood

Rev. AVm. Ellis..

George Ross, (New Ross)

, . . 77

Wm. 0. Gaetz....

II. A. N. Kaulback

Amelia Holland . .

131

Charles W. II. Kaulbnck

132

Adii S. Petit

138

C. Edwin Kaulbnck

143

William Piirns ...

l46

Stannage Jacobs

148

]^.dn!i II. Kiuilback

164

Rev. H. S. Owbn

158

Anna Burns

EVIDENCE IN REPLY.

161

Catharine Peck

163

Dedimus

•

164

Deposition of Agnes 8. Morton

166

Charles Beamish

ICO

Minute of Judge as to reception of

107

No. 2 G.T.S. Letter from deceas«d to Beamish, IL'th Dec, 1874

" a

" 4

" 5

" 7

Q. X.

No. 8

" 9

" 10

" 11

" 12

" 13

" 14

No. 2

" 1

II.

r. 2

No. 1

V. 1

l<
II
u
u
u
it

«
II

30th "
3l8t " '
4th Jany.,
10th "
11th Feb.,
..11th March,
24th "
27th "
18tli April,
22iid "
4th May,
10th June,
24th "
30th Aug.,

1875

1874.

Affidavit
i<

" " 20th Nov., 1875

Post card from deceased to MisH Maria Heninish, 13th Jany., 1870

Letter from decensed to Hon. Mrs. Kaiiiback, 12th Aug., 1875

Letter from deceased to Mrs. Peck, t.'^th Sept., 1875

Letter from W. IL N. Kaulback to Mrs. Metzler,4th Sept., 1875, .

Will of 27th Aug., 1875

Memo, of Mortgaaes ....

Settlement between Murdoch and Biiamish.. .

Petition to receive further evidence in reply

Petition for probate of fornusr will

Notice to produce No. 15 O.T.S .......

ti ii II in a

" " J. •'

" " G. "

R. L. Woatherbe, F. G.T.S

Ross, J. " ....

" Henry Arenburg, J. "

" Joseph Creighton, H. "

" William H. Owen, A. "

Decree of Judge of Probate. ...

Grounds of appeal therefrom

Affidavit W. H. Owen

Statement of B. Murdoch

Opinion of Chief Justice

" DesBarres, J.

" Smith, J

" James, J

Rule dismissing appeal from Judge of Probate to Supreme Court

Order extending time for appeal .....

Order allowing appeal

Certificate of deposit f jr security for costs

Certificate of Prothonotary of copy of case

107
.108

108
.160

160
.170

170
.171

171
.171

172
.172

173
.173

174
.174

175
.175

175
.170

170
.177

178
.178

180
.180

181
.182

182
.483

184
.184.

184
.184

180
.187

190
.190

191
.197

197
.197

203
.204

204
.205

205

""^

^,„— ^. ■»■! -I I "^

c-a.se.

In the Supreme Court.

Iv the mattfv of tlir I' roof in Holeyan Forvi of Law of flit' / nHtrimu-vt heai'hig daft! on the fifteenth
<ia}f of November in the year of our Lord one tkoamtnd eight himdrcd and neventy-five,
jmrporting to }>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.

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.

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 :

(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<ti()n ?) Had you any convirsatlon
with Mr. Murdoek after the drafting the will. Answered 1 don't remember any paiticular convta--
sation after the draft was made. Tliere was some general conversaticjn in the room in which Mr.
Murdoek took pait. Fiut I swear his mind was calm, rational, and clear. It appeared to me to be 170
so. Ml-. Owen asks tin; ({Uestion : " Have you any doubt that such was the case." lV[r. VVi'athorbe
objects to the (piesticm as being gro.ssly illegal. Judge decides question shall bo answered. (AnnvMit:)
1 have no doubt that his mind was calm, rational, and clear.

On the day following I copied the draft taken by me marked A, as fileil. That paper marked
B is the copy 1 made on the l.')th day of November, 1<S7"). at the re(piest of Deamish Murdoek,
And in accordance with the arrangement I made with him the evening previously, as and for the
last will and testament of Beamish Murdoek. I Hnished writing the paper about 10.30 A. M. on
said l.')th Novend)er. All the writing in paper B is in my writing, with exception of signatures of
James H, Weiitzell and Beamisli Murdoek. I am ac(iuainteil with James Wentzell, and was at
time of executi<m of that paper. I saw him on the morning of said l.')th Novi-mber. He came to 180
my office. He came, I think, to draw .some school money.

I made the request that he would go to Mr. Muidock'.s with me to act as a witness to his last
Will and Testament, and he accompanied me there for that purpose. We were ushered into the sit-
ting room. Mr. Murdoek, I think, was not in the room at the time, but was sent for. I don't re-
member who came to the door. He was sent for at my request He put in an appearance a few min-
utes after we got there. This paper, marked B, I took with me for .Mr. Murdoek to execute as his
last Will and Testament, and at his request Mr. W(;ntzell and I entered the bitting room of the resi-
dence of Mr. Murdoek together. (Mr. Ov/en asks, " What took place in the sitting-room after Mr.
Murdoek made his appearance there, in the presence and hearing of Mr. Murdoek, James Wentzell,
and yourself? (Answer.) I handed him this paper marked B. He took it and laid it on the table. 190
About this time Mr. Kaulback came in and suggested its being read. .\ pen and ink was got then,
and I took the paper Mr. Murdoek sat down near me, and Mr. Wentzell sat near me.

I read that paper, marked B, in the presence of Mr. Murdoek and James Wentzell to the wit-
ness clause by clause, and in doing so he assented to every clause either by saying " That's right," or
by nodding his head. I then took the paper marked B and laid it on the table. Mr. Murdoek got
up and approached the table. He took the pen and signed the paper marked B, as you see it thereon.
The witness, James Wentzell, and I were standing up looking at him at the time be was putting his
signature to the paper. After Mr. Murdoek had completed his signature, we (Mr. Wentzell
and myself) signed it as witnesses to his signature in the presence of Beamish Murdoek, and at his
request, and in presence of each other. 200

With regard to my statement that shortly after going into the residence of Mr. Murdoek with
Mr. Wentzell, I handed the paper marked B to Mr. Murdoek. I don't remember how long he had it
in his possession before placing it on the table ; but it was some few minutes. I don't remember
whether it was in his hands long enough ta read it ; I can'i answer. (Mr. Owen asks, Do you know
anything to the contrary ? Mr. Weatherbe objects. Answer — No.)

When I read over the Will to Mr. Murdoek he could hear and understand it, and Mr. Went-
zell, the witness, was near enough to hear and understand all that was read and said to him. I read

J ^

all contained in paper marked B to Mr. Murdock before the execution of it. Mr. Owen asks,
Is that the signnture of Beamish Murdock ? and immediately, upon Mr, Weatherbe objectiag, the
question was withdrawn without an answer having been given. 210

The judge decided it was a proper question. Mr. Owen, having withdrawn the last question,
asks the following question : " Whose signature is that to paper B ?" Mr. Weatherbe objects on the
ground that the witness has been illegally led by the previous question on an important point in the
case. Judge decides the question a proper one. Answer — I positively swear that that is the signa-
ture of Beamish Murdoch. I saw him write it on the 15th November, 1875 that being date of
will. The seal was attached thereto at the time of his signature. He executed it as his last will
and testament in the presence of James H. Wentzell and myself. The signature — " Edward H.
Soloiaon " is my signature, and the signature of James H. Wentzell is his genuine signature. I
saw him put his name there. I executed it in presence of James H. Wentzell and Beamish Mur-
dock. James H. Wentzell executed it in presence of myself and Beamish Murdock. 220

It was witnessed by myself and James H. Wentzell immediately after BeamLsh Murdock
affixed his signature.

Immediately after the will was executed, as aforesaid, it was jjut in an envelope by Mr. Mur-
dock, I think. This envelope, marked C, is tiiat in which it was enclosed. I wrote the endorse-
ment "Last will and testament of Beamish Murdock," November loth, 187>'>, 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

J*
■I

f',,'

(»

^,^ir'

tliat Miilijix't yi't. Tlir Jii(];;(; allows the (|iic.sti()ii. Alls. — I liavf luitliiiij,' fiirtlicr t<i say licyoiid
tliat to tlu' licst of my jinl;,'iMi'iit lie was capal)!!' of makiiij,' a will at tlic tin.c) I iloii't know
iiiiicli aliout his ImsiiicHs, 1 ncvi'i' knew iiiiu'Ii ahoiit liis Imsiiicss.

Mr. Owfii asks — Was lie, or was ho not, capahic of tiausaftin;,' tlic luisintss in conncftion
with liis will on tin* day of thf, o.xi'ciition tlu'icof f Ans. — He was eapahlc to the hcst of my j'l'lg-
nu'nt, and was calm, ami free from cxpitomcnt.

Mr. Wt'atliL'rhi' ohjt'cts to this cvidi'iict'. 'iliO

I can't rt'inendicr whether on the morninjf of the execution of the will hy Mr. Munhx'k, he
made any reference to Mr. Beamish or his relations in Halifax.

The Jiidye th-cides tliat Mr Owen .shall, in the first instance, merely make ont a pi'lma,
fuck: case hy the suhscrihinj,' witnes,ses lelative to the makin;,' and execution of the will.

Mr. Weatherlie ohjects to this decision (Jii the ground that this decision was made by His
Worship on application uf Mr. Owen, prematurely, and that the oi)iiiions should have lieoji sou;^dit
from counsel. 2nd, that the RespoiKh-nts should take the res[)onsiliility of decidinj,' upon what
cour.se to pursue. .Srd, that the application of .Mr. (J wen to tlu; .Jud_L,'e, liinds the Judye to a de-
cision of law liefure an aigument has taken place. 4th, that the application and decision are pre-
mature, and liefore Mr. Owen has announciiil he has llnished with his llrst witness, and Mr. Weath- 270
erbe jfives notice that he will ohject to the re-calliny of witnesses to give evidence which should
have been ])n)duced in the first instance.

Mr. Owen states that he offered to argue the (juestion before the Judge gave his decision,
which Mr. Weatherbe declined doing.

Mr. Weatherbe states tliat he does not know what (piostlon Mr. Owen refers to, and that
Mr. Owen declines telling him what ijuestion it is.

Mr. Owen dispenses with the further testimony of Mr. Edw^ard Solomon, tlie witness for the
present, w^th the intention of re-calling him.

Mr. Weatherbe states that if Mi'. Owen has any further evidence to get from this witness,
he should go on. That the times for arguing the rebutting testimony is after the petitioner chjses 2S()
his case.

Vross-e.vami ni'd h\j Mr. Wcatlierhc. — 1 went on the evening of Sunday, 14th November, to
Mr. Murdocks. ITe shook liaiuls the first tiling. N(;xt he said he wanted me to en<;ross his will.
He then immediati'ly haiide<l me the draft of the will, and I immediately commenced to engross it.
The draft of the will is marked A. Mr. KauUiack was there. I know his handwriting in connec-
tion with the document, i don't remembi'r that he wrote anything while I was there. I won't
swear that he ili(bi't write' anything. Mr. IvauUiack's writing was in tlie draft of the will.

I was in that house about 2 hours on that Sunday evening. 1 was not all the time at work.
I have been paiil for that work. Mr. Murdock was calm, rati(jnal and clear, {My. Weatherbi' a.-.ks
Do you think that last answer a reply to my (.'niiuiry as to Mr. Murdock's state of health ? (An.swer) 200
He was in a fair s-tate of health at the time.

I was paid tivi; dollars for that work, Mr. Kaulback asked me to go there on Sunday. He
a-keil me after service in the Church on that da,y, (Mr. Weatherbe asks. Did he tell you at the
time that Mr. Murdock was very ill ? Mr. (3wen objects to the question on the grounds that state-
ments made by Mr. Kaulback at the time referred to are not evi(h:nce and that Mr. Weatherl)e put
the words into the Witnesses mouth). Witness answers — I have ikj recollection of his having done so.

Mr. Murdock paid me the money after the will was executed. There was no one present.
I do not know from whom he got it. I diibi't wish to take it, but he forced it upon me. It was
in the hall, ami the sitting-room and library doors were open. It was a short time before I left.

■1

l(.-

Iiull

I't'lll

He wislicil to pfiy lilt' and went out of tln' liltnny to <f>'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

}i,.jmiM

mitJi'^-jm .^.-j. ^

"'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<lwiitiiig of Mr. Kaiilhack. Tlir pa])er, I think, was t.ikeii away
from my oHiee hy Mr. Kaiilhack on the day I engrossed the will. I am pretty sure it was two or
three days. I am positive it was (piite near the lime, and I think hefoic the execution of the will,
lie did not take away the ])aper marked I!. I had that. I can't rememher what Mr. Kaiilhack
said to me hefore going up to execute the will. I think theie was \ery little said. I can't iccoi-
icet^ the puipoit of any coiivei.satioii when he took what I call the draft away. I use the phrase,
" What I call the Draft," liecaiise when I made that pa|ier marked A, I wrote from a draft that was
handed to me hy .Mr. Miiidock. I copied this paper inaikrd A from a. draft. ! call the paper
marked A ii draft nf the will. I copied pajM'r A from a draft. It was ini the paper I got from
Mr. Miirdock that I recognized Mr. Kaulhack's handwriting. I called that the draft. I (lon't now ."{70
call that paper the draft hecau.se I had made will from the copy I had taken of it.

When I wrote the will from the pa])er marked A, 1 considered that the draft afterwards. I
called the other paper the draft ill the lirst. instance. I now call the first pa|)er a draft, that is,
the ])a]ter handed me hy Mr. Miirdock, in which I recognised Mr. K.'s handwriting. When Mr.
Kaiilhack took paper marked A from my ollice the first pajier was not Ihriv. I ddii't know what
heeaiiie of it. When he took jiaper A away, I ilon't rememher that he said anything. llepicke<l
uj) the draft ('i)aper A.)

Mr. Weatherhe asks- -When Mr. Kaulhack took away the ])aper A from your oflice did h(>
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 grante<l Mr. K. came up
afterwaid.s. | eant't swear positively whether he went up hefore or after me. I can't leiuemher
that Wentzell was in the oflice while Kaulhack was there. I can't .say whetlier he saw Weiitzell
hefore going up to Mr. Murdock's. Al'tei I gut throu;;h writing paper A, Mr. Miirdock expressed
a wish to execute it then and there. I coiild'Mt say in what words he expressed that wish. I
could'nt tell anv of the worcls. I think Mr. Kaulhack was in the room at that time, hut, can't

if.

expressed a wish to execute it, and it is

sweai' positively, lit' only exio'essed the wisli once. He saw f.\w pa})ei' A hefore lie expiv.ssed tlie (00
-wish. 'J'hose words that I think are in Mr. Kanlhack's handwriting;' on papei' A, wei'e not on when
lie took it away from my ollice.

1 tliink 1 saw that paper aj^-ain within a month in Mi-. Kanlhack's ollice. Those \vords wiit-
tcii hy him were then on it, except those additions, the pap.T was tlun in same state as when J
finished copyiiii;' it in Mr. Murdock's liiirary, and when h
now in same state with exception of those additions.

I don't iemem1).(r any conversation on ])artof Mr. Ivanlliick in the liiirary when I had Iinished
ci>pyine- 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-
<lay eviiiiiiL;'. i did not kiKiw it until 1 saw it. Mr. Kaulh.u-k did not tell me lu' liad maile a draft
hefore 1 saw it. 1 can swear almost positively. 420

.Mr. Kaulhack practices as a hiuristcr in Luiienhuig. Mr. K. did not expliiin to me at any time
whv he did not do this work himself, heing a hanister, neither did he on the IM\ ov l-Jth Xovemher,
1875.

Mr. Weatheihe asks — Previous to the words " at any time," haviii;^ heen mentioned by Mr.
Owen alter the last (piestion was ])i(t, did you give your answer with or without those words.
Annu't'i: I gave them without, and added " any other time" on my own ri'sponsihility, hut after
the words had hcen used hy ^Tr. Owen to Mr Weaflierhe.

Mr. Weatheihe contends it was the same as if to the witness.

I do not reinemiier the occasion of the visit lo Mr. Kanlhack's office when I saw the paper A
there. I think it \\ as lying there and I accidently saw it. Nothing transpired between us that I re- 4o()
member.

The words on envelope marked C. " The last will and testament of Beamish Murdock," and all
writing underneath except the letter H, were made with the same ink and at the same time.

On the occasion of the visit to Mr. K.nilback's office when 1 saw paper A, I did not see paper C.
I am positive of that. I never saw piper (J aftr Ijtli November, l8To, until after Mr. Murdock's
death, nor did I see the ^^iIl during that time. I swear that I wrote nothing on the occasion of the
visit to Mr. Kanlhack's office. ] fir>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"^

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<l anything of that kind to me.

*.'■■■

I bel
his t

Mr.

ex pi

(liaf
askt

(loci

tllL'l

on t
that
par(

oftic
add
thai

ans^

ofRc

orig
whc
that
Kai

that
Kai

ceal
ami

wri

8w(

[Si?

b!««iavi

i :':

1 beliovo he was of souinl disposing iiiiiul and nioinory. There was nothing to lead nie helieve that
his mind was imaginative. He had some ([ueer iik'as about religion.

;Mr. Owen states t(j witness by way of ([uestion, On your cross-examination you stated that 510
Mr. Murdock saw tlie paper A before he expressed the wish to execute it, exfjlain tliat answer.

Air. Weatherbe objects that this is not new matter and the words are themselves clear and
explicit, and neither recpiire or admit of any explanation.

Judge decides that witness shall answer the (juestion.

(Answer.) Mr. Murdock was under the impression that that was the correct copy of the
draft without interlineation, that was my impression.

Mr. Owen asks, Have you any further answer to give with respect to the last (jucstion ?

Ml'. Weatherbe objects on same giounds as above and, in addition, that the witness is now
asked to explain an explanation.

Judge decides (piestion shall be answered. 520

(Answer.) He .saw it because he was close to me, but did not examine it. I read it to him.

Mr. Owen asks with regard to your statement in your cross-examination as to Mr, Mur-
doch's having expres.sed desire to execute i)aper A on the evening of 14th Nov. Why was it not
then done and at whose recjuest did you take it to your office and engross it ?

Mr. Weathei'be objects on the ground that the transactions of the 14th were fully gone into
on the direct evidence, and that this very mattei' was answered. That this is not new matter and
that the (juestion is double and involved. That the latter part of it suggests the answer to the first
part of it and is unfair.

Mr. Owen consents to withdraw the words "and at whose re(iuest did you take it to your
office and engross it," and does withdraw them. Mr. Weatherbe still objects to the (piestion and 530
adds that the counsel has had the full benefit of the (piestion contained in what is withdrawn and
that the ans\\.r given may still be in the words withdrawn.

The Judge decides that that part of the question, " Why was it not done ? " shall be
answered.

(Answer.) Because those interlineations were on the paper. That I would take it to my
office and make a proper coi)y.

Mr. Owen asks : — With respect to the answer given by you on cross-examination as to the
original draft handed you by Mr. Murdock on the evening of the 14th November, being in part or
whole in the handwriting of Mr. Kaulback, or words to that effect. Are you in a position to state
that the M'hole of said original draft as handed you by Mr. Murdock was in the handwriting of Mr. 540
Kaulback.

Mr. Weatherbe objects, on the ground that the word part was never used by the witness, and
that the question is a trap question, and that the only person who has suggested that word was Mr.
Kaulback in the witnesses presence several times.

2d. That evidence was given of this original draft on the direct examination, and it was con-
cealed that it was in Mr. Kaulback's handwriting, and he should not now have the advantage of re-ex-
amining, as he could have gone fully into the matter at first.

.Srd. That the witness has already sworn twice to the pajjcr being in Mr. Kaulback's hand-
writing without making any distinction as to part.

Mr. Weatherbe withdraws the objections. 550

Answer. — I don't remembei' that the whole of it was in his handwriting.
Sworn to at Lunenbuig, in the County of Lunenburg, )

this 2(ith day of May, A. I)., 187(5, before me, j (Sd.) E. H. SOLOMON.

1'.,

•I

[Signed] GEORGE

T. SOLOMON,
Judge of Probate.

COURT i)V WILLS AND I'ROBATil,
[LUNENBURG, SS.

In the mnttrr of the Proof of the (i//pf/cil loxl irill (ind Irstnnicnf, in solemn form, of Ikainlsh
Mttrdock, Idlij of Lnnctilniry, in the CoudIii of Lnncnhnrg, Jiarrisler, deceased, dated
\^)th Novnnbcr, lali). ' oGO

The txaniination of Janics II. Wcntzcll, of liitccy's Covo, in the (oiiiity (tf Jviiuciihiiri,',
Farmer, taken hcforo me, George T. Solomon, Jiid^^e of ProI)!ite for said county, this twenty-sixtli
day of May, A. D., 1<S7(5. who, hointj duly sworn, (l('s[)f)sctli and s.iith :

I have known the late lieaniish Murdock between three or four years, I think, before his
deceaee.

(Paper marked B is placed in the hands of the witness.)

It is the last will and testament of Beamish Murdock, witnessed by me. I reside at Kitcey's
Cove, and am a Justice of the Peace. Have been for about ten or eleven years.

Mr. Owen asks : — Have you been in the habit of drawin;f and witnessing wills during that
period ? 5 70

Mr. Weatherbc objects, on the ground that its going beyond the issue.

An.siccr. — I have l)een in the habit of drawing and witnessing wills for the last six or seven
years. I was in Lunenburg on the 15tl) November. 1875. I on that occasion went to the office of
Mr. Edward II. Solomon, between 9 and 10 o'clock in the morning. I was Secretary of School,
and went there to draw some county money. After going to the office of Mr. Solomon, I went to
the residence of the late Beamish ]\Iurdock. I went direct from. .Mr. Solomon's office at the request
il^' of ^L". Solomon, and for the purpose of witnessing the will. Mr. Edward Solomon accompanied me.
A girl came to the door. Mr. Murdock was asked for. We Mciit into tlii' room. Mr. Murd(jck
came into the room almost immediately after we got there. Mr. Solomon, Mr. Murdock and myself
were alone in the room. Mr. Solomon then handed Mr. Mmdock the paper marked B, and said, I .'380
have brought the will which you rerpicstcd me to write. Mr. Murdock then took paper H in his
hand. Mr. Murdock overhauled it as if he read it, until he was to end, — I think from fifteen to
eighteen minutes. He put his finger along every line, (m the greater part, as he went .-dong tip to
that time we were alone in the room. Mr. Murdock made some remark with regard to his sight,
when he commenced reading the will. He said ho was very thankful, because his eye-sight was very
good that morning, — better tliiin for some time. It was a fine day. When he had finished reading it,
Mr. Kaulback came in (Senator.) The latter said, "I understand you are about making Mr.
Murdock's will, or witnessing," and further said, " You liiid better read it to Mr. IShirdock." .Mr.
Kaulback then left the room. He made the remark in passing through the room. Mr. .Murdt)ck
replied, " 'I'here is no necessitv of reading it ; I have read it myself." .Mr. Solomon then took aOO
the paper and opened it, and read it to Mr. Miu'dock, in my presence. He read it clause by clause,
and rather stopped at the end of each, — at the end of each clause. Mr. .Murdock responded,
" That's right." Mr. Solomon read every word of the will to him, with exception of signatures,
which were not then <m. He assented to every j)ortion of it. \o person but myself, Mr. Solomon,
and Mr. Murdock were present when the will was so read and assented to by Mr. Murdock. After
it was so read and assented to bv Mr. Murdock, the latter said : " There is not room to write my
name straight; I have to write it in this manner," (pointing out the direction in which its affixed to
the will.) I saw Mr. Murdock put his thumb on the seal. That signature to pa[)er IJ is Beamish
Murdock's signature. He signed it as his last will and testament. He affixed his signature thereto
as his last will and testament, in the presence of myself and Mr. .Solomon. Mr. Solomon and my- fiOO
self witnessed the signature of Beamish Murdock thereto; immediately after, as soon as he (^Ir.
Murdock) was done wiiting his signature. That is Edward II. Solomon's signature, as witness to
that will. Edward H. Solomon affixed hi> signatiu'o as witness to that will in presence of myself
and Mr. Munloek.

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>.<ioii luitii,' left on my mind at all. He referred to his
relations, after the execution of tlu' will.

I did not remain very lonif alter the will was executed, — ahout hidf an hour; perhaps oidy a
(puu'ter of an hour; a h.'ilf linur. 1 ^oppose. I wnuldn't say for certain it was half an hour, —
perhaps it was only a (piarter of an hour al'ler the execution of the will.

Mr. Solomon an<l I had a sliort conversation with hirn after the execution of the will. When
the will was executed hy Mr. .Murdock mid the witnesses, we were as near toirether as we could sit ;
of course not jammed. Mr. .Murdock sat in the midille at the table; we could all see each other's iViiO
faces.

Mr. Owen asks : — What was tlie state nt .Mr. Murdock's mind on the morning of the l-'Jth
November, when the will was executed.

Mr. ^^'eatherlle o!)jects.

The Judge ilecidc's (juestion shall be answered.

Aiisii-vr. — Well, I juilged the state of the; mind was
believe that he was fully capable of making a will c.t tlic time.
Solomon and I left the house together. Bi'forc! we left the house, .Mr. Solomon left the sitting-room
at .Mr. Muriloek's request, lie went into the hall. I saw .Mr. .Murdock hand Mr. Solomon a note.
It may have been a five dollar note, or a ten or a twenty dnilar, I can't say. Mr. Solomon and f!40
Murdock then retuine<l to the sittiiig-rnom as .>^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.'<e!f. I don't recollect that I saw Mr. Kaulback that morning before going to the house
or speaking to him. I am almost positive sure I did not see him. I swear I didn't speak to him. 1

rootl. lie was of sound mind. 1
1 have not the least doubt of it. Mr.

would lianlly swi'Mr I ilM not sec liiiii. I -ui'urtlnt, he was not in Si laiii'ttr?i ofKrc while I was there,
to my iccdilcctiiiii.

i swear posilivcly I did imt lirar S..|.>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 <pi("<tion.s put to mi-. Mr. Miird )ek slu^wed no
nieinorandiini huoks of ITus writings. He said his hand wasn't now\ a.n more, and he couldn't write as
he could once. I recollert nothiie/ else that oiiciired. TIk; conversation was very short. We had
Home refreshments I.efore we lelf : eake, cheese and liiscnit, and some sort of lifiuor, wine or hrandy,
I think wine. I think the <:irl hrou^dit it at Mr. Murdoek'n in.stnneo. 1 and Mr, Solomoii and .Mr.
.Miirdoek were present then, and I almost think Mr. Kanlhack eam<' in then. \V\un Mr. Kaidhaek (170
.".t first passird throuL;h 1 paw the door lu; went in. I can't say that he (Mnie hai'k that way. 'i'here
were two ways of eoniinjj; into the room. ! have no roeollection of seeinir him come hack from tlie
door he went throu^di. I di<l not know that .Mr. Kanlhack had drafleil the Will. Neither Mrs.
.Murdoek, Kiiulhaek, or SDlunion, told \t\c, I u;is produced in the 'i'own of liunenhurg on that
occasion, in eonsecpieuce of my knowledj^e of provini^ Wills

.Mr. Owen interposed to know whether the witness knew the meaning' of the word "produced"
and witness swore he did.

.Mr. iMurtlock look cheese and <'ake, no oiut else hut us four wi-re present or partook o( the
refreshments.

Mr. Murtlock put his linj^rcr alon;,' nearly each line of the will as he read. I have given uH ''•''O
the gronmls for my knowing th(; stale of .Mr. .Mur<lock's mind that I had myself. .Mr. Kauihaek said
he had hetter havi: the will read over to him. .Mr. .Murdoek replied th'.'re was no necessity lor that.
I almost think .Mr. Kaullii\ck repeatiMl again that it ought to be read and then it was read to him.

Mr. Weatherlie asks " Did he seem very ^iilidued :' "

Ansirer. — 1 don't exactly underst.aml the \vord. I nmlcrstand liy the wonl " sulnlucd "
lirought down, or if a man is under suhjection to anything. I also" understand it to mean, under
Huhjeetion to any person, I diil not think ln' was subdued. When .Mr. Kanlhack repeated that it
had hetter he read I don't rememl)er that Mr. Murdoek s.iid anything. He li-tened to the whole of it
being read over after he had read it himself. He seenieil to t.du; an inteiest in it the s(,'eond time it
was read, and to like wh it was done. <>!>'•

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

\- ■,

■'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;\<f?

Mr. Owen objects to the (|uesti()n on the <rriiuud that the witness has not stated positively that
there wa.s any dilference and it, toj^ether with several of tiie prccedinfj arc catch questions to improperly
endeavor to entraj) tiie witness. 720

.Indge admits tiie question.

Ansirer. — I consider the whole transactions from first to last — the whole conversation just
alike.

Question. — Do yon consider there was no other evidence of soundness stronger than another?

Ansu-ev. — Yes ! Tliat/s what I consider tiiey were alike.

Question. — And yon liave given all that passed tliat you recollect.'

^■instrer. — I have. ''

Question. — Were flu; words on paper ((' ) put there at the same time and with the same ink.

Answer. — The words " the Inst will and testainciit of lleamish Murdock," were written first.
It's somewhat on my mind that .Mr. Sohnuon asked who it should he ojjcned hy, and those words T.'JO
below were |)ut on at Mr. Miirdoik's suggestion almost immediately, about a minute after. To the
best of my knowledge the words below arc in the writing of Mr. Solomon, as 1 swcjar those abovt;
are. I won't swear (or certain that the lower part was written by Mr. Solomon, but ' think It was.
They were all written at the same time. I don't ri lollfct anyone else using a pen at that time I
know .Mr. Kauliiack's liandui iting geiajally. 1 have often seen Solomon's writing and it looks lik«!
his.

I think Mr. Solomon entered the room tir.-t. 1 think I was in the house about an hour, per-
haps less. The fii'st thii'g that was done, Mr Solomcm haiuled Mr. Murdock the will, oi" laid it on
the table. .Mr. Kaulback jame in alter that, while the will wns being rciid by Mr. Murdock. It
was betwec tifteen and twenty-fiv(> 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<piest( (1 him to write. Mr. Solomon eitln r ga\c it into Mr. Murdock's hands or laiil it on the
talile, and .Mi'. .Murdock took it up and oj^cik il it. ''

Question. — Never miml any I'lutlier coii\ crsation.- ! W'liat was the ne.\t thing done?

Mr. ( )wen asks to havi' the (jiicsfion piit down.

An.'iu-t'r. — .Mr. .Mindock read it. Mr. lOiulbark ]iassed through the hou-e then, when he
had finished ri'ading it. I judge that, Mr. .Murdock had it in his hands, reading it, about eighteen
Tuinutes. Mr. Solomon was iiot doing aiivlliiiig during that tiuie but listening and looking on. Mr. 7")()
Kaulback, to mv knowledge, did not stop any time, but ])ass( d stiaight along to the next room, or
some other pait of the iionse. ;is it' he had busin( ss there. After the will was CNceuted —about five
or ten minutes al't<r — Mr. Karilbatk eanic in ; duiiug tliat time there were a few words spoken, as .
people would \\\\v together, of no great i uportanee. l'"roiii that time until the end, I am not pre-
pared to say whether .Mr, Kaulback lei't the room. Ihit 1 almost think that .Mr. Kauli)ack did leave
the room b(t'oi<' \\v hit.

.Mr. M'eatherbe asks —

To the best of yf)ur recollection, what tool, ])lace while Mr. Kaull):ick was out of tlie room
the last time '.

Ansu-rr. — I haven't anv rceollectii)U of anything. l;c(:uHe I don't remend)er whether .Mr. K, TOO
Went out of the room or not

(Juf'ytiiui. — \\'liat Ljives you this iniprcs^iiin lliat Mr. K. went out of the room before von
left^

- " iriTW 1 r T i i

780

AusH'cr. — Because Mr. Solomon and I ciimc away togetlier alone, to the best of my know-
ledge.

Question. — Then, would you suppose that, if .Mr Kaulbaok had been there, he would have
conic away with you !

A)isive)'. — I don't know whether he would or not, but in all probability he might.

It was first sealed, and the endorsement put on, before Mr. Murdoek left the room and called
^Ir. Solomon out. I can't remember how long after, or whether it was before or after the refresh- 770
ment.

After the execution of the will, the first thing done was to put it in the envelope and seal it.
It took three or four minutes to seal close and endorse it, to the best of my knowledge. I don't know
whether iMr. Kaulback came into the room before the money was paid. I didn't see where Mr.
Mr. Murdoek got th:; money, but it appears to me he took it out of his pocket. The first I saw of it
was in Mr. Murdock's hand in the hall. I don't remember seeing it before .Mr. Murdoek got into the
hall.

Re-examined l)y Mr. Owen : —

Question. — With reference to the statement made by you in your examination to the effect
"That you were produced in the Town of Lunenburg on the occasion of your witnessing Mi. Mur-
dock's Will, in consequence of your knowlsdgc of proving wills." I ask, had you any knowledge at
the time of your leaving home on that morning for Lunenburg of .Mr. Murdock's intention to make or
execute a will, or of your being called upon to witness it.

Mr. Weatherbe objects to the question on the ground —

1st. — That it is not a subject for re-examination.

2nd. — That the witness had an opportunity uf exi)laining.

Judge decides (|uesti()n shall be put.

A7isicer. — I had not.

Question. — Had you, or had you not any knowledge of Mr. Miu-dock's intention to execute a
will, or of your being called upon to witness it until after your arrival in Lunenburg?

Mr. Weatherbe objects that this is the subject of direct examination and not matter for re-
examination.

The judge decides the (Question shall be put.

Answer. — I had no knowledge of anything and was not called upon before 1 came to Mr.
Solomon's office.

I can't answer how long after the will was executed the refreshment was brought in. It was
not very long. I'm not prepared to say how long.

They consisted of cheese, cake .and biscuit, and wine or brandy. I'm not sure it was cither.
It was something between. It was not over and above good. I don't think there was nuich strength
in it.

Mr. Murdoek did not partake of anything to drink at that time to my knowledge. There was
water brought too. I don't know whether he took any of that.

Mr. Owen states that he withdraws .Mr. Wentzeil, with inteniou of recalling him, if in his
opinion nceessarv.

(Sgd.) JAMES. II. WENTZKLL.

Sworn to at Lunenburg, in the County of Lunenburg, the 27th May. 1876, before me,

(Sgd.) . GEO. T. SOLOMON,

ffudf/e Probate.

Mr Owen now states that he rests having made out a prima facie case by the two subscribing
witnesses to the last will and testament of the late Beamish Murdoek, dated November lath, A. D. 810
Ls7."), in conformity with the opinion hereinbefore expressed and noted by the Judge of Probate, and
prays for probate of said will.

800

W,i»W11iTW|lir]i I ■! UiM

+s'.^

COURT OF WILLS AND PROBATE.
LUNENBURG, SS.

In the matter of tin proof in solemn form of the alleged last will and testament of Beamish
Murdoch, late of Lunenburg, in the County of Lunenburg, Barrister, deceased, dated
\blh November, 187").

Tlie examination of Elizabeth Tcck, this 27th day of May, A. D. 1876 :—

Mr. Beamish, beini< one of the petitioners, bein^ present, Mr. Owen gives notice tliat he will
„ object to Mr. Heamish j^iving his tet^tiniony nnless he is called as a witness and his testimony taken 820

p * . before taking the testimony of any other witness.

Mr. Weatherl)e called Elizabeth Peck, on behalf of Henrietta James, the petitioner-
Mr. Owen again repents tlie notice with respect to Mr. Beamish.

Mr. Weatherbe proceeds with the examination of Elizabeth Peck, who states as follows :

I am 20 years of age. lam tlie daughter of Widow Peck, who was the housekeeper of the
late Beamish .Mnrdock. I lived at Mr. Mnrdock's honse with my mother. I didn't go at the same
time my mother went. 1 (hm't know bow long aitcr, but I went in March of the year before he died.
I don't recollect wlietlier be bad gimc to Halifax and returned at that time. I don't know how long I
remained with him. 1 don't know what time it was when 1 left. I recollect Mr. Kaulback and his
family coming to his house to live. I left aitcr tliey came. I don't know what month it was. I don't 830
know how long after they came I left. 1 thiidc about a week. I don't remember any dates. I had
remaineil all tlic tinu' with my mother until then. Only mother and I lived there with Mr. Murdock
from the time 1 went there until Mr. Kaull)ack and bis family came. I recollect the state he was in
from the last of .May of tliat year to the time licit. He was feeble. I don't know what state ot
mind he was in. 1 can't rightly say then.

Mr. ^Vcatberbc a.-^ks : in Slay, do you mean .'

Mr. Owen objects that it is a leading (piestion.

The judge decides it a leading question and ought not to be put.

Question. — What time do you mean by then?

Answer. — I don't know what 1 mean by tiien. 840

.My mother took the personal care of the old man, all the time. Mr. Kaulback's family was
in the habit of coming to the house. The children, little Mary and Kussie used to come to the
house.

Question. — I)i<l you ever s-ee Senator Kaidback or his wife there?

Mr. Owen objects on ground that (piestioii is a leading one, and of the previous question being
which of Mr. Kaulback's family were in the hal il uf going there.

Judge receives the answer.

A)isu'rr. — 1 saw Mrs. Kaulliack and Mr. Kaull)ai'k there.

Question. — Were thcv liiere fVcuiuently or seldom ?

Mr. Owen objects. " " _ ^50

ylnsuujr. — Tliey were there frequently, Mr. Kaulback and his wife.

Dining that time I did see Mrs. Kaulback alone with Mr. Mm-dock.

Qtieslion. — Did you ever see any acts of aifection between them?

Mr. Owen objects, the question being leading and otherwise improper.

The judire decides it to be an improper (piesiion in the way its put.

Qucs/ion. — Did you ever see, ob.^crve any i)articular intimacy between them?

Answer. — Well, J never was where they were alone, and can't say; once in passing the
door of the little iVont parlor I saw him kissing -Mrs. Kaulback. That was after they were living
there. The door was open.

y,i-\

' m'»vmaatMji» m

Qae.'^tloii. — Al'tor Mr. K:iii!l);ick iiiid hi;* hiiuily imiii;; ti iivi; at Mr. Miirilock'H, iiiul b'jf'orc you 8t.;(J
left, did yoii ever licnr Mr. KaiiH):ick cxpriMj an o|iiiiiiiii as to Mr. Murd xik'-s heiiig atdc to do Ixisiiies^
or knowing rij^Iit IVoiii wntnij?

Mr. Owen oltjcct.s to the (|iuvsti()!i hoiii;^ u loadinj,' osk; and putting tlic answer into the mouth
of the witness.

Answer. — I did.

(Jne.ition — ^Vill you stato what passed on that oecasion ?

Mr. Owen objects on the gi-onnd that tlie answer's sugi;osted hy the preceding,' (|noslio!i.

Judge decides (piestion proper.

A)i-sw(jr. — I heard Mr. Kauibaek say in my presence, tliat Mr. Murdoek was childish and
wasn't able to attend to his own l)usiness. That anyone eonld ehcat him if they liked. Nothing fur- 870
ther was said by Mr. Kaidljack that I recolUM;:. I went out Mither was there and no one else.
It was in the kitciien. It was only used as a kitciien. This w:is after tea, and he was talking to
mother, lie did'nt remenjbcr anything at that time. He was kind of forgetful. 1 don't remember
how long it was he was in that way.

(Jnetition. — Alxmt how long was he tliat way before that time .'

Answer: — Well about a week. Ho didn't know where to put his thing* and mother had to
find everything for him.

When Mr. Kauibaek made the statement with regard to .Mr. Murdoek's bcung ehildish, the
latter was out taking a walk with Mrs. Kauibaek, down on tlie wharf.

Previous to that time was he in the habit of forgetting thirgs or not? ,S80

Mr. Owen olijects being another leading ([uostion.

Judge rules (piestion out.

Quest io II : — Can you mention any act of forgetful ness on the part of Mr. .Murdoek?

.Mr. Owen objects, being leading.

Judge allows question.

^iiisirer: — 1 rcmendicr his leaving his basket and trowid in the garden and he had to call
mother to fhul it for him. He had taken some weeds down to throw (ner the fence in the basket.
He left the basket stand by the fence and went to some other pait of the garden and wlicn ho went to
look for bis baski-t he couldn't find it, and called Mrs. Peck and said, I have lost my basket and can't
find it. That's all I remember. This was before the Kaulbacks came there. I don't know how long. 800
It was a week before.

Mr. .Murdoek had a very valuable watch. I don't remcMid)er any incident in relation to it.
Mr. .Murdoek had it when I left I suppose; I don't know. I heard him say the Kaulbacks were
coming there to live. He said it to my mother. I don't remember what mother said — when .Mr.
Murdoek told modiir. all I heard mother say was that she was satisfied and that Mr. .Murdoek was
master of his own Inisine-^s.

I think it was the day before they came. I didn't hear Mr. Murdoek state how long the
Kaull)acks were going to etay there All I know al)o;it the letter was what I heard mother say. She
said nothing of a letter to me in Mr. Kaulback's presence but she told me about it at the lime. From
May or June down to the time I left, Mr. .Murdoek was al)out the same in body and mind, better one 1)00
day and worse the next.

When Mr. Kauibaek said that Mr. Murdoek was childish, mother I think answered him, yes.
I do not remember the exact words.

Mr. Murdoek required a great deal of attention. He required it in a great many ways.
Dressing him when he went out. Mother always had to get his clothes for him. She always looked
after him. Whin he wanted a clean shirt on she would tell him of it, she told him when he went out.
He was kind of neglectful of it and didn't always think of it himself; he would say "it is all right Mrs.
I'eck, if you think so." She would get it for him. Sometimes I'd see her get it and sometimes not.
1 often saw her get his slippers for him. He was not particular about his eating. Mother would
attend to the choice of it. Mother would ask him what he would have and he would sometimes, "a 910
little soup or just as you like Mrs. Peek."

(Jueslliiii: — Would she treat him as an ordinary man or how would she treat him?

■■^■t''"W\r\'\'

hil
tri

ail
ri'i

d.
toi
sh
HI.
bo
II

\V(

!"'
tl.

til

tl.
1

5;\

fo
C)

u-
w
si:
al

M
w

•>■)

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\<een June and the tiuu; I left.

Question. — Was it more than three times?

Mr. Owen objects, on the ground t'lat t!ie preceding qisestiiui was, " Do you know how often
Mr. Ueamish went to ciiurcii between June and the time you lel't ''" which was answered by the wit-
ness in the negative, and the latter questitui suggests the answer.

.Mr. Weatherbe contends that that was not the form of the question.

Ansiver. — I couldn't swear Mr. .'1 unlock was regularly visited by the clorgynmn. Between
four and live times that I remember, between .huie and the time I left; I rcifer to the elergyujan, Mr.
Owen. I never heard them conversiivg on religious subjects. Sometimes they eonverse<l when he
was there. I don't know whether there was a time they did not converse, as I was not [)resent. He 950
would renuiin about lui hour or two hours sometimes. During those times, Mr. Murdock would bo
smoking sometiuu's, and reading and talking about his garden. The whole tiTue they'd be talking
about the garden, the librtu-v, or souu'thing.

(Jiiesd'oii. — Woidd he be doing anylhiuix else besides smoking'?

Anstrer. — N'o, he wouldn't. 'I'liev used to walk together in the garden. Mother was present
with them on some occa.^ions when 1 was tiot.

(Jiieslion. — Coidd you state on how many oi;casions?

Annicer. — I could not. When Mr. Kaulbaek and his wife would be there, they'd be talking.
They were with him alone; can't say how many times. My mother was jn-esent with Mr. Murdock,
Mrs. Kaulbaek and .Mr. Kaidi)ack, when I was not; can't say how often. Mother would be present 960
with hiiu iu(u-e freipiently than 1.

(Jnas/ion. — Was your mother ever present when Mr. 'durdoek and Mrs. Kaulbaek were
together and you not there, and how often .'

Aitsu'ir. — Yes, thev were, but can't tell how often.

The kitchen opened by two doors, — one from the library, the other from the bed-room. The

amtmutai^

II '

lioil-roorn also opciu'd into tlu' sittiiiif-rooin. Tlicro was lio door from tlu- lihrary into tlio iH-d-rooin.
'I'licre's ii door from till! .sittiii^r-nx.in into tlic liall. In jjassinj,' tiiron^di tlio sittinji;-rooin into Mr.
Min-dock's l)cd-rooni, a person would first j^o into a littk- hall and then into tho kitchen. There was
!ii< servant there Ix't'i.rc ot at the tini<' ; I left after the Kanlback's eanie. The latter had servants in
tlieir other house before they came to live there; one of those servants \v( nt to .Mr. .Mindoek's al'ti'r 1 !l7(>
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.

thci

wor

him

iii>t
Mr.

the

• lee
fliii
()\v

llinl

tlin

ii\'U

tlu«

()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:-</ln,i. — Was lie in the hnhit of writing .'

Anstrcr. — Yes, he was sometimes, when I'd see him.

(Jiiesfif»i. — Miiy he not liave been in the hahit of writing frequently when you didt\*t sec 1030
liim'/

.1 /*.s;rr'/'. — Well, I suppose lie was. •

(J(ii'Mf!ini,~'S\iiy not (he Ki'v. Mr. Owen have fi'c((uently Itoen at the houKo when you were
not at liDnie,

yl //N"v ;■. — Yes, he may have heeU.

(JiirsHini. Now, Miss I'rek, vnu slatril tliat on one occasion your mother, Mrs. Kaiilliack and
Mr. Miinloek were toL;(tlier, wl m you were not there. How could you .state that on your oath.

Avsim: - \ was in .sonu- ]>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 wor<l that was .said ; but I heard Mr. Kaulback .say 10.")0
that Mr. M\n'doek was childish, and c.uldn't do his own business.

Qiif.'itlnii. — Who said (hat ?

A iisirrr. — Mr. Kaidbaek.

Qii(:-<finii. — What time of the <Iay svas (hat !

AiiKii'ii: — It was after teii.

Qinslldii. — When was that '

AiiKfn: — Aftei' they were lixiiig tliere.

(Jiii'.ifi<>ii. — 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:>:

^ 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 spo<jns /.

Anmvci: — There wa.s a note, I tliink, came to the house about the sjtoons ; she sent a letter.
1 don't know who sent the letter. I didn't say tliat.

QuckHoi). — ])id you .see tlie letter :*

Aihstrci: — J seen the note. I don't know whose hand-writin|4 it was in. lOilO

Qtiestion. — Was or was not Mr. Murdock stuhhorn, self-willed ^

A)tt<n'er. — I don't know what you mean by it.

Qacstiiiii. — J mean, diil he or did he not often like to have his own way in opposition to
oth(>r.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<ln't hear any more. !1'20

Qiifsl'toii : — When Mr.Owen referred you to your mother, Mr. Kaulbaek and Mr. Murdock be-
ing together alone, and afterwards asked yon liow you knew; yon stateil that your mother went into
the room wlieii .Mr. Kaulbaek and Mrs. Kaluback were there. I wish you to ex])lain that.

Ml'. Oweii obji'cts on the ground of its not being new matter, ami also on the ground of the
Judge having decided that the i|Uestion was fully answered in the lii^t instance.

TIk' iludge allows the explanation.

Ansifif. — I meant that I seen mother ^o in the room when the\ wiic there.

an(
rof

is i
till

lia(

ftlK

inj.
wli

is;

St'.

l.is

oec

(if

li.'ii

Iwu

Qaffttion. — Wlieii wlio was tlunr ?

Aiisvrr. — Wlu-n Mr. and Mrs. Kaiilhack were tlierc.

Qrc.^f;a,i.~l refer you now to this (iiiostion, "You stated that on one occasion your mother 1130
and Mrs. Kaulhack and Mr. Murdock wen; there," and in answer to Mr. Owen, referring to that, you
referred to Mr. Kaulhaok ; I wish you to exjilain ?

Mr. Owen olijccts on tlie ground tliat it was the suhject matter of the direct examination
and fully answered l.y the witness and not new matter elicited on the cross-examination, and tliatit
is a reiteration of a previous (juestion put by Mr. Weatherbe on the re-examination and an.swered by
tile ^\■itness.

The Judge ilecides (|uestion shall not be put.

Qaesf Ion.— l)'u\ not Mr. Owen in first referring yon to the matter first mention Mr. Kaul-
back's name. ?

Mr. () wen objects for the r-ason given for objecting to last question and also as being leading 1140
and suggesting tlie answer to the witness.

The judge decides ()Uestion shall not be put.

(Signed) BESSIE PECK.

Swori! to at Lunenburg, in the County of Lunenburg, this 20th day of May, A. D., 187(5,
before me,

('Signed)

OEORGE T. SOLOMON,

Jiulj/i' of Pfohnii'.

'), ,
t . ^

1. •• .

COURT OF Wri.LS AND PROBATE.
LUNENBURG, SS.

In the nidlfrr of flic proof in i^ohinn form of Ihr (ilhyrd laxf Will and Tentdmmt uf BfunushW'iO
Mnnlork, lntr of Luncnhn rif, in the Connlij of Ln ocnUn rij, Ji<frrif<fer, dpceai^ed, dutcil
h'ltl, Xornnhrr,'A. D. tS7o:'

The examination of Joseph Outram, Jr., of Halifax, in the County of Haliftax.

Taken before me, (ieorge T. Snlnmoii. Juilge of the Court of Wills and Probate, and for grant-
ing Letters of Administration within the County of Liuienburg, the 2(Jth day of July, A. 1). Its70,
wlio being duly sworn, di'posrtli and saith on licliiUf of Petitioners: —

J reside at Halifax, and carry on business as a commission merchant. It is now over twenty
years since I was first acipiainted with the late Beamish Murdock.

I was well acijuainted with him ])revious to his coming to Lmienburg. After he came to
Lunenburg, I saw him se\eral times in Ilulifax. I saw him last in ILUifax, about Jbirch or April,
ls7'>, 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

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. .(■

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

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). 187<!,
who lifin;,f duly sworn, ileposctli and saitli : —

(Mr. Owen oUjccts to any further pi-oeeedings, owiu:,' to the Proctor on lielialf of those oppos-
ing tlie Avill not having a]>iM'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 an<l .Mr. Heamish) eau\e in .same room. I confess 1 was very unich sliocked to see the
poor old man ; I was shocki'd at his a]ipearance.

Qiir.tfioii. — Did he recognize you when he liist came in the room ?

A iisin r.-~ Hf didn't ajipear to I'ecognize me at first; Imt after a moment he said, "Ah,
Tobin, is that you ' How are you :'" He did not appear able to keep >ip 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

c<
oi

it
a>
M

it
K

sa
f.i

S(l

fo
<1<
M
ni
111

III
ill

III

111

-M
I '

till

!l('(
fol

fill

C'ill

cai

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 lian<led it over to .Mr. .Mnrdock, l.efore it was lianded to
Uv. Kanlliack. _ Mr. !>eannsli 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 n<It. Mr. lieannsh '"asked Mr. .Miu'dock ahout some
le,:;al paper, ahont some monies Mr. Meannsh had invested for him, as far as I could make out. Me
.said he didn't know where it was. He ^avi' Mr. neamisji then the key of his hoxes to look in thi'ml2S0
for it. These lio.xes were in tlw room we were in. He then examined them. Whih' he was doiiij^
so, he com|)lained to Ml'. .Munlock at not findiiii;' some papers he wanted. .Mr. Munlock then said
he hail had a ^aand conllaHratioii, and luiriit U|i a lot of his papers a few days previous.

(^iit'.-i/idii. — Descrilie his manner in makint;' this statement.

.Mr. ( )wen ohjects.

Anxircr. — He appeared very indiU'erent ahoiit his papers.

F don't think he appeared capalile of doin^- liusiness. I would not ha\e liked him to ilo any
for me. Thei'e were a numlier of iiooks on shcKcs round the room. There was a hedstead neai' tln^
door. 1 was sittiiin- on the lied. He asked me to >it 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. .Mur<ln(k was the only jierson who ilid not take pait. I (an't say
who sie;iie,l the receipt. Whetlnr .Mr. .Mui'dock or Mr. Kaulhack. The receipt w.'is drawn out hy
.Mr. Kaulhack. I saw him write it.

(Jiiisfltni. — Do yon rememher seeiiii^' Mr. .Murdock write at all.

..I iisifif. — No, I don't think he could write lie was nearl\ Mind said he Iiad L;i\en up read-
inj^ — tliat he couldn't see a letter. I c<iuldn't say ..hether Mr. I^ieamish j^'ot the pap.eis he was look-
iiiLT foi'. I took no interest in the matter. I was rather thinkini;' of V.v. Mnrdock at the time.

fjiirxt'tthi. Did you watch him closely.

Aiixtiri: — Yes. I was watchiuL;' him \( ry closely. I felt sad ahout seein;^' liim so feehle and l.SOO
imliecile, so altered from what he .'ilways was. J think there was a ciernyman came in the room,
some one wlu) was j^'oiny away. He was talking' ahout di'i\ ini.;' home. I didn't see any one else in
that room. After I said t;ood-liye to Mr. Murdock, went into the other room, and was iiitio luced to
.Mrs. Kaulhack, ami remained there a few moment'^. I think Mr. Mnrdock draid-: something while
I was there. I saw him take something;' out of a Imttle <iiiee ni' twice. Mr. Kaulhack askol me to
take a "lass of wine. 1 declined. I ilou I know wlellier this was in presence of Mr. Murdock.

( 'ro.ss-examined hy .Mr. ()wen:

It was the last ti\i' yi ars I was vi'i-y inlimately aei|nainted with Mr. Murdock. I say five
years, hut it niav have lieeii loii'^'er. I had sp.iil luiirs with him at Mr. r>eami>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!<in'i\ -I couldn't tell exactly. I haveiieeii in the hahit of takiiiLj dinner witli him at Mr.
licamish's. My intimate acipiaintance with him extended o\ei' the last IInc or six years.

Qiifnticil. — How often, to the hot of your knowledi^e, did you meet Mr. .Murdock, ;ifter he
caine to riUnenliui'L;'.

..1 ;(.s'/''('/'. — I did not alwavs see him when he came to town. He did not conie oltiu. He
came .seldom, so far as I knew. Whenever I heard of his heiun- in (nwn, 1 invariaMy went to

call on him. Mr. Beamish generally had a message for me. and infon 1 iiie when .Mr. Murdock ]'.VH)

came up. Mr. .Munlock may have heeii in town, ami I not aw.'iiv of hishavill^• lieeii there. I some-

times ciilli'd wlii'h I lirai-l of Mr. Miinldck \>r'uv^ in luwii, witlioiit timliiiu- |,iin at Innnc, nii<l usually
left my cai'tl, nv a imssa;,'!' fur liim.

(Jiirslluii. lliiM' Mot ynii anil Mr. lii-amisli \>rr\\ 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.

<iiir.'<t'niii. Have yuu freipiently lieen in eunver.^atiun with Mi. IJeamisli fur many yeai's past.

Mr. Weatllerlie iilijects nil UTunnd uf illelevaiiey. ~ ~ l.'l.SO

.llldife admits tlie (|lie>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<\<liuii. Were ynn in tlie haliit uf aecumpanyinj,' liim un those excursions.

Mr. Weatherhe ulijecis <i|i .same ^ruiinds as a!io\e. .Ind^^'e admits the i|Mestiun.

Aii-iii'i'r. I was, until the last I wu years, hut iiut inure than with other iieople. I never was
out shuutiiiLj; with him inure than twice, Imt lishiiiif hundreds of times. (Tiiis last was ohjected to
i.y .Mr. Weatherlie.)

(iiirslnni. Vou say that fur tln' last twu years von have not heeii on these excursions with
Mr. Ileamish, why was that ' ' ' |;{40

.Mr. Weatherlie olijects (111 uruuildsuf irrelevailcv. .ludu'e itdmits the (jllestiun.

vl ((.x/'V'/'.- Sometimes It was nut convenient fur iiie to. Sunietimes my liealth would nut
admit of it, ami sometimes I had other eiimi'^ements ; Imt last Kail .Mr. iteamish and i were shoutiii;,'
tui;etlier oil oiir wav from iiUneiiliuru' to Halifax.

(Jiir.-<linii. — 'riieii does the same intimacy exist as heretufure lutweeii .Mr. Jioainisli and }'our-
self up to the present day.

-Mr. Weatherlie olijects (111 same eruunds. (.ludj^'e admits the answer.)

..l iisii; r. - Yes.

(piixl',,1,1. Have yuu had cunveisatiuns with .Mr. I!eainish with respect tu this matter.

.Mr. Weatherlie uljjecls. | :J.-,0

/l//.s'/v;'. — I have.

Mr. Weatherlie olijects in adilition that he doesn't stale what suhject (sulisc([uently to alioNc
answer).

(^ Hi."! ill II. — Ifave you had conversations with Mr. I'eanMsh with res]iect to the sulijoct matter
now in di.sjmte.

Ml'. Weatherlie olijects oil tile yroinid that witness dues nut know what the matter in dispiite
i>. 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<itel, that we'd j,'o I.S70
out and see if wecouhl eet any hirds, and I'tl ,i;'o up in the I'seiiiiiii' to see .Mr. Murdock. Hi- didn't
return in time to meet me at the hotel. I think I have related everything that took place at Mr.
Kaulliack's, to tlie hest of my knowledi;-e. ! never saw the will —only know there is a di.spute ahout
it. I have no interest in the ni;itter, one way or tlu' other.

(Jinyfluii. "Then, ])er.sunally, you .say you have no fault to find with the will.

Mr. Weatherlie olijects that Witness lias sworn he doesn't know anythini; about tlie will.

Mr. Owen withdraws the (picstion.

Ill-
till

'•.V

III'

t(j

liai

Wll
Vfl
il V

liiii

aid
ml
wll

Klia

still

till]

.: . *

(Jiif'sliiiii. Voii liiivin^' sliit.'il tliiit Mr. Mni'ilnclv coiiiiilaiiinl of Ms Mi;,'|it Lrin^r dcffctivc, iiml

lli> 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<iii. — Did Mr. IJeamish have any conveisafiun with yuii, as to thi> 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'^

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 aii<l I'roliatc, aii<l for ji-iaiitiiii,'
Ii'ttcrs of ailiiiiiiistiatioii Avithiti tlic ( 'oimty of liimcnlmi'L,'. tliis t!iir<i ilay <if Aii,!,;u.st, A. I). I.s7(i,
wlio liciiij,' duly sworn, (Icpost-tli and saitli : —

I have lici'M ac'(|iiaintc<l witli the dccrascd, .Mr. Murdock. since my lioyliood. lit' was a

relative of mi

ne ; fi cousin.

IS mother ami mv

fall

ler Were sis

ter and In'otlier. He was executor

of my fatlier's last will. My fatlier died in I.S'21. Kaily in life I lived with Mr. Murdock: came
to live with him when eleven years old, ami went to school. He was then a lawyer; had just com<*
to tlie l>ar, 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,

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

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

IISII'i i\

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 ,.'.<l(IO(). which was in add.ilion to tlie amount which uaM

liiiii till- i:?(i()0 iiifimu'. Tliiit 87.')() was Mr. Aiken's iiiun.y. Tlie estate liad never lieen settlfil witli
the other lieirs.

After Mr. Miirdock came ti> I.iineiilMML;-, I visiteil him very orten. I can ;,'ive the dates of
the hist year; al»)iit tlie 1st <lay of .Imie, alioiit •17t]i S,■I,temlK•l■,"a^•aiIl alioiit 27tli or 2Nth OctoI.er,
jiiid a;j;aiii on t]ie I.Sth Dei-eiiiln'r. all iiisameyeai' |.s7'>. 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 c<in\i'rsation iietweeii witness and Mrs. l.")0()
Peck is not evidence, aiid tile i|Uc>tioii 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<l one nr two servants. Mrs.
peck was not thiie tlnii. I saw no nurse or i-aie taken of .Mr. .Murdock then. It was a small cot- I. ")!'()
tayc. f Mil rooms, iiK-ludiiiLr kitiheii mi lirst floor ami the Lijirnt. lie was always in the hahit of
liviiiL;' Nery res|pectalilv in Halifax, had coiiifoitahle, airy rooms; had one servant or more to atleinl
to him. He was liviiii,' w illi his aunt. Here he had a small, low room. I thought hed in it, and

I ks on shelves in it. He liad no ntlier room to my kiiowledee. | undeistooil Mrs. Peck had i,'one

to Yarmouth at that lime. Witness ;^oes on to say what Mr. Kaulhack said with rei;ard to Mrs.
Peck's lieiiii,' away.

Mr. Owen olijects, not heiui,' evidence.

Mr. Kaulliack said Mis. Kaulhai'k was ohliucd to put Mrs. Peck away Iiecaiisc she had taken
a s|(,ve and some spoons. I think I had eihpiired why she was ah.sent.

■:m

Qiirxfi

(> 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 <lid not Lfft the pajiers I wanle(l. The information 1
wanted was what I ohtained tliat was neces.sary. Mr. .Mnrdoek ha<l .sold the liou.so hu Imd pniflias-
ed in the Sprin;,' of '7k I don't know who acted as Mr. Min'dock's attorney down to this perioil
(Sept. '7')j. I never knew of Mr. Mnrdoek s carrvin,L; on imsiness as a lawver, sinee the time he
left Halifax in 72.

At this visit fin Se|)t. 7'i), I had very little conversation with Mr. Mnrdoek alone. 1 wished
to see liim alone eithi-i' in Se])tend)ei- oi' Oetoher, and made a remark of that kind to Mr. Kanliiaek. l.")M)
Whatever oeeasion that was, I think i .saw liim alone; I tliink Mr. K;inlliack le't me with him. I
asked Mr. Kanlhack if lie wonld ,i;"ive me ten minutes' conversation with Mr. ^hlrd<!ck : latter said
it w.as nothing;' piivate. he mi;.,dit remain; hut .Mr. Kanlhack left the room. I don't recollect timti
Mr. Kanliiaek remaineil ont. It mi-^lit have heeii ten or tifteen minutes. On this visit in Septem-
her, I found Mr. .Mnrdoek in weak state of mind and very chililish. I s.iw .Mr. Kauli ack on this
occasi<in. I can't recollect whether this was the oidy time I saw Mr. .Murdoek alone, with the
exception of a few minutes. I think I had an interview witli .Mr. .Mnrdoek previously to (he last

rill ; onlv a short time. Mr. Kaulliac

me t(t dine w ith him, and after dinner asked me to

dine with him, which I diil. '.Mr. ( Iwen oiijects to any conversation l>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"

le accom-

(),i:st;

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

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,

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

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.

(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.-<lii>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 <lon't know what h.' was ,loiii--
while we Were conversiM'4 in the looiii. 1 paid him a sm.ail sum of money. The only eoiueisatioii
I had with .Mr. .Murdoek on this occasion ahout his mon^y maiteis lir jippe.aivd to he st;i],i,l alioiit
it ; didn't ajiiM^ar t>i take any inten'st at all in his money matters.

IJinsi:,,,!. How <Iid he s 'em on this occasion t > 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,

<l>i.'<l
Mr. :
will
Ncp\.
I thi
iiiiinl
('lull
..I.I I
f.) M
I ma
all HI
thill-

visit

.IiiCMI

All^||^||■. Tlir diily niiivcisiitiiiii I liiiil witli liini iiliniit hii.siiH'ss nmttcisiii SrptciiilMT was
jilM.iit, tliis ."^S.^O Ml'. Knu'lliMk l)ail lint Mr. MiikI.cU, wliidi lie lu-kiiuwInl^'tMl U) un- Mr. Kaiilluick
lia<l li'iil liiiii. I a.skcd Mr. Miinlock almiil it wlim svc wcic alunc ; ilon't tliiiik any mif was prc-
.sriit. Mr. Kaiilliacli liuiir in wliilr a\c wen \i\]U\ti'^ ami .-aii! to Mr. Miinlnck: " V'oii know tliat 1
li'iityoii .SS.')() ;" Ml. Min-ilnck saiil " Vrs" ill a siilichicd ami (•liil(li>,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. •! <if .Mr. .Miu.lock for some ol<| letters and old deeds. I did 1(;.")0
not ;;ef them; I i,nit Mime tlini' or fmir old lelhi-;. j did not ;,'et tlie deeds, lie handed im> 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 an<l Miinlock. I saiil "a
liiiriit chilli ilicails tlw tin-,"

(Jiiistinii. Ilail .Mr, Miirilork iirr\ioii>ly 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

n\<iv ail

, ... , , . Wu plllolis

•I Wfik. I think. I.iit WMiit say |MiMli\.ly. At tlir tiinr .Mr. KaiiHack t<il<l tliis, lir was liviii;;

witli Mr. Miinl.ick, in Miir.lnck'N 1i..ii.hc, jiist l„.f,,i,. Mis, .\|.t/I.T's Miit wifli Mr. Miinlnrk. I tliiiik
.Ml. Kaiilliai'k siiiil In- liinl suM Mr. .Miiiil

iii'K a cask (I

f w li

ki'V.

(,'"«>//..//. Was III' Ml. Kanlliack in tlir li.jiaa' tia<li' at tliat liinc '

Aiisirn: I .lon't kimw. I .lout Ludw uli.tlicr .Mr. Kaiilliark paid any ii'iit nr nnt, <ir wlwit
tluir anan^riiiciit.H wcic, ' 17(i()

(»ii tliis visit, ill UrcfiiilMr, I |ia>i 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<li

III lie any e\|ie||rl|ee.| mil-

.1 y/x/c, ,'. No. I iliiln't >ee anv. I nmlersliiuil iiul. I ilnii t kiii.u wlietlur tlierc ua

1770

with liiiii iliiriii'' liis last m I'His. | i|i<l nut s,.c tiie Nu\eiiil

s iiiie

er w

II tlieii. it was lint fiirtlicniiiin

(Jiiinlimi. Knnil Se|i|eliilier i|ii\\ 11 111 hi . ill .ith, frnm y.mr klU'V. leil'^e nf him, iln ymi helieve
he wa.s ill a lit state tn make a will '

Aiisii'ir. I think iint.

(>iiisf!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-,

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

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 '

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.-

ll. I

licit
•Ml
can

«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' risi<!c.l witli iiic iluriiiij that time Is 10
liii'twci'ii .May and Sciitriiilii T, 1S7I-. I ilmi't knnw wlio ii. ninnicmlril Mr. Miiiilock to iiiovo to
Halifax on tliat ntcasimi. I think it \\,in in consciiii. ncr of Nuinr (ii>i.!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 <i,it!i, Mr. Im aniisji, did vuii not n connncnd .Mr. Mnrdocks foininj^ to
Halifax on that occasion '

Aiisirrr. ! don't rccoljict Jiaxini;' any con\ creation wilh .Mr. .Mindock |ii'c\ ions to his niakin<.f
\\\) liis nnnd to i;o lo Halifax.

ijiiiil'nni. Hid yoM not. iircvioiisly to Mr. .Mindock nioviny to Halifax in I.S74. recommend
Mr. Kanll'.'ick to purciiasc .Mr. .Mnnlock's j)ro|icrty in lanimliMi!.''. and at the >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, <//((/(. -Where was Ml'. Murdock loidini;' when he made the allet^ed will dated April (itii,
1S7.V

A iixii'ir. .\t my hoiise ; he was there a few days .'it my hoii-^e. and the day liefore he left he
iii.'idi' that will.

(Jitisliiiii. W ei'e you aware cif his intenlinn to execute that w ill |ire\ioUsly to his doiiii;' so '

Mr. Weatherlie nlijeets, heiii^- iri'elevant. .Mr. Owiii withdraws the (|Ue-,tioii. l,s:{()

'i.os7m)/i. Il.'id vou an\ eoinersatiou with Mr. .Murdock ahout makiiu' a will |.ieviou>ly to

the one executed .Vplil (llll. |N7") '

.Mr. Weatherlie olijects, liein'4' wholly irrelevant i<i the I^Mie.

Alls"-,,-. Nolle wh ;lever. .\fier hi'eakl'ast I think I wa> sm< kiiii;' my pipi- in the dinin<i
I'odin. Mr. .Murdock vva> 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<iu have two wills aheaily in my possession. He
w rote that will at the taMe, I Immul;' at the opposite -i,|,. ,,(' it. !!,■ til or read the contents of it to
nil' hel'ore he took it out of the house. While hi- vva^ wiitiiiL;' it I tl:iiik> 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

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 <!illicully iu
walking'?

.Insiri-r. — 1 did'nt see anylhiiii ninai Kal'le iu his ^ait. He did not (omplain. He was
alw.ays a totteriiiL^ man in hi- walk, ^iiicc 1 lerollrct 'i:im.

His nriuar\' oruaus were weak since I reniemliei- him. He told uie Ic had nlceratiou of the
hiadder from a liov. Hew, is (.hli:;i d to m;,ke water \ cry oI'i.ti. I don't reeullcct wheilur Mr.
.Murdoik was in tlie lialiit oftakiie.; \\:\ arm \\licu walking in Halilax. He was mil In the hahit, hut IMH)
niiulit have done .-o. I next came t.i 1 iim ulmi i; aliont '^'Ttli Sept.. I think ! ri ai lied tlu re ahout
elcM'ii or twelve o'clock. I lemaiiicd until I hit next nioniim;' fu' llali!ax.»

(Jiir.sliiiii. — I )id von on that oc ,ision r< (|U( s| any ]iii\ate inter\iew with Mr. Muidoik \\!iiih
was ui.t allowed '/

.liisin r. — 1 did no*.

I asked Mr. Kanlhack, I think, in Ocfohcr to allow me to ha\e a private interview, which was
LTiMiitcd. 1 never made a re(|ncst of that kind which was mil i;iautcd. Mr. Murdock's lihrary and
hcdroom were eomliined. 1 take it lor irrantcd that was his own private ro un. If I had napiested a
private interview with him there I've no doulii 1 would hav,- ^ot it. 1 iiiink I came down in .^i plein-
her ahout a relea.se of tnort,Lia}j;e. 1 tliink I talked thiit matter over with Yi Murdock Ih" said if \\\ l!tO0
send it down he'd bii^n it. Mr. llartshor: • sent it down and Mr .Murdock executed it. I eau't tay
exactly how lon^' sitter. It was doiu' he'oiv- I came down iu Oi toiler. Dining; my \isit I had two or
three i)riv;it(! interviews with .Mr. .\Iurdo(k. I ihm'i recoiled talkiie^' over other husincss matters with
hiin in Scpti ndier. Imt I asked him for souk- papers. I think 1 did not p't them. I ii.;ain sisited
Mr .Murdock in Oc-toher; i think -jrilh or 'JTth. I came iu the steamer in company with Mr. 'roliin.
and arrived ahout \'l o'doc k. We remained that at'teriioou and stalled next nioinin^. I think I hai'
two dinners on lint oecasiou at the Imiel and •■il'lerw ards at .Mr. Kanlhaek's at Mrs. Kaidhnck's
re(pie t. .Mr. .Murdock was (piite hlind at that time, .so he stated he couldn't see to write .ir read. I
h.id a sm.all sum ot money to i^dve him, and winted to i;i t some chaiuery deeds of the propertv. 1
paid him tlu; money ; I am imt (piife sure \\i. Murdock sly^ned the reeei|ii .Mr. Kanlhack ilicw it. lOlit
I lake it f.ir ...r.iufe'd, at .Mr. .Murdock's re(|nes| .Mr Murd<ick himself could not, I think, see to write
it This husiness was ir.in-.eicd ,it Mr. K.iuHi.ick's after dinner in ihe lihrary or licdidiim. I don't
tln.'ik .Mr. .Murdoch understood the nature of ihaf frausailioii. He didn't care ahout it. and appeared
to he (juite indilferent.

I won't undertake to swear lie didn't nnderstaml the n.iture of the transaction. I wouldn't
care nhout doin<' hiisines« with a man who e.iuldn't nmh rsland the nature of a transaction. I did not

slcfp
oil nr
Kaiili

I <)I)S(

stocki
the al
he ha
TIk- (
think
he ca
to l)y
caiiic
than
lu- Cm
Kaiil
his cl
to (Ir

U'oillL

( "hfs

Iroiii
I tlii
ri'cci

lllOS(

was

(iior

Mil.

Tlio'

libra
that

thiiil
M.n

|,a|,r
WOU

(■a|)a

iiatii
llali

I'"'',
I '"•'■•

IMCII

fxpl

sleep at Mr. KaiillKick's house mi tliiit orci-iim in (),tol)cr. I spent tiie eveiiinLT llicre. I nli'iTod,
on my direct (.'xiiniiniilion, to .Mr. .Miiid.iek's li ivin^r (handed lils dress on tlic eveuiiij^ I was at Mr.
Kiuill)!iek"s house ii. (Jctoher. .Mr. .M irilo;k e.inie into the rooiii tint eveniiij; ahoiit 1) or 10 o'clork.
I (ihserved that he was dressed witli a coat (a slu)otin!.< eoat), siiocs on his ''•"•t, and I tliink ( saw liis 11)20
sfoekin;rs. I won't UM(hrl,dve to :*ay that Mr. .Muni lek h:id n .t the same \...u[ ■ on then that he wore
the afternoon, hut there w.is a eliaiiL,'- in his dress. 'I"he siioes were nieely hruslied. I should think
he had not the same shoes on then as in the afternoon. They may have l)een the same shoes cleaned.
The eoat was of a dark colour; .Mr. .Miirdock had a vaiiety of coats, lie i^cneraily wore dark. I
think he had two or three of those hunting,' coats. I think he was not dressed the .same as usual when
ho came in the room that evenin:,' hy the conversation. If it h id not lieen for conversation referred
to hy me, I would not have noticed the chanue in his dnss. lie was not drosid tli" same win n Ik;
came info the room ; he was dressed as if Ljoinif iulo the counlry, a\\.,y fiom home; hctter dressed
than usual. He mijiht have had that coat on durin;^ the day. it wasn't the same roat he wore when
h(- first came into the room, and w;is to!d hy Mr. Kanlhack to l'o and chiinufe his clothes. When .Mr. 1!I30
Kaulhaek came into tlu; room (hetwecn !• and 10 o'clock), .Mr. Kaulbaek told him to yo ami chanjie
his clothes. .Mr. and .Mrs. Kanlhack, someof the children and myself were there. I think. I oH'ered
to drive Mr. Murdock to Che-ter on (hat occasi(jn, 1 le declined my oiler, and said he would prefer
jidiii^ in the co.ach. I t(dd him Mr. Tohin and I would net a carriage and diiv(> 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.

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, <itlier here or in Luneiihuri;-. The statement was si^'ned hy myself and
•Mr. .Murdock.

(^K^slioii. — M'hen was it slumd.

.Mr. W'eatherhe ohjcts ; p ip. r-^ shoald \>r proilucid or projier means taken to pr.xlu-e sani".

V ■ , *

.?si

.ln.iJ/"'>-.—Tt was sinned l.'Jih Dcccmhtr, I<H7"», ! tliitik. 'I'ho cDpy of same referred lo ii
m.v (lirirt txaniinatioii was also si^Micil by Mr. .Miirilock and niyscK. 'riicTe were two original state-
ments in (Inpliiatc (in lliut occasion, both signed by Mr. Murdock and myself. I merely made ii 1!)70
statement of Mr. .Murdock's money that he had in the bank ; in investing them (I invested them,)
the sf.itinieiits were read over to .\lr. .Murdock,

(^turslliiii. — Was lie .-iatislicd with them .'

.I)/,sH-r/'—'riie only remark that he made w.is, that he wan Bafisfied with anything I done.
.Mr. Kiiidliack said to .Mr. .Murduck that he thc.iiL,dit he was a richer man and had more money,
and .Mr. Murdock replied in a subdued voice. I told you all I had, or something to that eH'eet.

.Mr. Owen objects — the last portion of his answer nut h.iving been elicited by him.

(^ufMidii ~\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)isii<er. — No further tiiau wlrit Mr. .\iken told me. I didn't see the accoinit, and therefore
I don't kni>w. .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 <riven bv Mr.
Aikens.

(Jit'sti'in. — ^'iiu haxc already >.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 <ome spoims and a stove. When, where,
and in whose presence did Mr Ivaulbaek make iliat statement ?

Aiisirrf. — llemaih' that staieuu'Ut in Septendier. Don't remember wdiere or in whose pre-
sence. It was alter Mr-. Peek had left .Mr Murdock. 2010

(Jurstinit. — Did vou not state that y iU intimated to Mr. Kaulbaek fur the first time when driving
in .September, that Mr. .Munjoel; had made a will m .\pril.

Answfi: — I dill

(Ji(rsfi,,)i — Did vou not infurin Mf. KauH.'ck in Halifax abuut the last of April, '74, on his
n'lurn (rim Ottawa, that Mr. Munloek had mailc :i will and gave him the general contents of it .'

j^isirer. — No; I don't tccolleet having any conver.-^ation with Mr. Ivaidback about the will,
except (in the drive.

LUl

luini
iienrl

sdii 1:
liiin.
liavu
Mr.

lldUM

aii.l I

til lli
llilll,

and

Wit
Imd

•rot

Dill you ijM'ct Mr. KiiiiUKH-k in llnliliix <ii) ll.at occasion on \m iriurn from Ottawa?
Ansu-er. — I don't recollect sccini; Mr. Kanlliack tlicn.

(^^<^•)

C. HEAMISH. 202(»

Sworn to at liuncnl)nrg, in tlic County of Liincnlmrg, the 7ili day of Au.i,'n8t, A. O. 187rt,
lu'fore inc,

^'^g<l.) (iKO. T. SOLOMON,

Jmlijc I'robnle, Co. /.Ktwuburf/.

COURT or WILLS AND PROHATK.

LUNENBURG, SS.

Evidence ol' ("c.llicrine J'eck, I7tli day of Aiitrnst, A, 1).. 1S7().

I know llio lad' Heamisli Miirdock, and tiic cottage on tlie hill wlicrc lie lived ami <licd. I was
horn llicrc. I will lie seventy y<'ar>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.

e (lid not tui'ii nie out.

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.'<li(iii. — Or did aiiv pcr>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<l;;e allows tlic cpiestiou.

liisircr

.— .Nc

tjicxtiDii. — .\t anv lime till \on were tiinicfl out
.Mr. Owen ohjeel.-.

2050

.Iuil;:'e .idiiiits the (jue.'-liMii.

Allfurrr.

recoju'it wlicii

and when he retnined-

.\Ir. Muidock went io ll;ilifax in tlic sprin;.;, ahoul .\piil,

(JiirKtioii. — Il.'id he hecn si<k ihroiiiih the wiiiU'r, previou-* to that '.

jln.iircr. — Yes ; oil' and on. Ih^liad i;iil a lidle hetter at thai time, when he went to Halifax .
Within a month or two of the lime I was iiniied out, he was very fechlc-miuded and eiiildisli, .iiid I
had to watch him dav and i,: dil. Willi re; nd to hi- etiim;^' dinner thai time, he didn't care what he
LTot nor what I made him.

■i

(JiirMtifDi. — Did ho nw.in Id linvc any clMiico ? 2000

Ausinr. — \ni)(« wlialcM r. I'nvioii^ to flmt wlicii lie wax woll, li«' liked conp.
(^hiisfi'iDi. — Willi dicsM'd liini diiriii" llic wliulc of tlial liinr?
( )l<jrc(('d tci MS Ifadiiit;-.

^liisirir. — 1 iKidrcssiil liiiii : I dicMil him ik iilv the wliolc lime.

(,hn sli,,ii. — \ want you in -tati- iuily uliit you had to (h> 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.in<eioMs ,.\' the eall' of nature himselt .' Did lie k

2070

now, or could Itc

euntroi himself^

()lijecled to, hein.r emliraecd in llir lasf general ((iiesfion.

/liisirrr.

-Not al all li

llll'S.

Ijwstioii. — How «as it with rei:ard to his ludy and explain any eonvorsation you hiul with
him on the snlijeet ?

.[iiiii'i i.- — \lf iisi'd to i,'o to hrd. F used to pul him in lied. When lu; went to hed he wonUl
eall nie. I used to sit in his hcdroom in tlu' evenin;/. I iisi d to undre^:s him, an<l turn down the hed
lor him, and put o'lt his litthl : and if h<' wauled to make a little lire or anythi!ll,^ I had everylhiiiLr
ready, and he would eall. Ile'il knock with a sliek. ;^08()

<li<i slluii. — How was it in the niiiht .'

Olijeeteil to as irr<'levant and hrailini,'.

AtisH'cr. — I'd never inidre-^s exactly. I'd :'l\vays he on the watch. lie would i^ct up and
walk thronnh the hon-e ; wander sona'times ihron^ih the honsc ; ami I wonid L;ct up, and comedown,
and see what he wanted. He uonid lie lookin;.:' for a hook, or sonu thin;;-, aiul la? would .say, "Oh,
well, never niiiul it ! I'll uo to hed airain, Mrs. I'eck ;" and I'd see him up-stairs.

(Jiir.ifiiiii. — On other eeeasi

ons, w

hat

wonlil he sav

-He would say, " never mind it," or somethinj^ like that.
( (lo on, .Mrs. I'eek.)

Mr. Owen ohjects, tpiesfioii liein;;' lidl^' a!iswer('d.

(Jill slim/. — I'lxplain I'ully nith regard to his roainmu' alioiu (he house?
( )lijected t'l.
Aiisirrr. — Well, he was ijoinir alinit tin- honse ; did'nt know what he was doiiitf ! would ask

jono

iiuu w Uy lie was ^(
answer.

lini;' alioiit the house, and what he was d

OIIIL

lie wouldn't make me nmch of an

Oiirslinii. — Did he on anv other occasion refer to his clothes? Just state wliat p.issed

lietwccn voii ?

yliisi'-n: — He told in

e one nii«:

lit they were all L;host-i : tliat I shoidil ^'o and leel them whether

they were men or his chithes. 1 heaid him in tlu' niuht, and uot up, and came down; and it was

olteil.

came (

lown. and .-o loimd him. that he asked me to see if lliev were ghosts. I telt tliein all 2100

round, and showed him ai d satisfied him that it wa.^ his clothes, and he L^ot ri'coneiled ; still seemed
kind of fiiiihtened like, excited, and I s.at up with him awhile — an hour and a-half or an hour —
talking', and then he would 1:0 to bed. 1 went Jilso to hed up in my room.

- \\'el!. ihiiinj iho^e tw: iiilhs previons to yonr hein^j; turiu'd out, how was his

(Jiirsli

nu'inorv

iiisiri-r

--\

'I'v poor, indeed

(JmstiiDi. — (live us some example .'
(.' iiiit anvthiiiii' aw.iv

\)n<ir"r.

-If h

he couldn't find it ; if he laid a paper down, he could'nt
fiial it. He called me to' come and help him look for it. It made no diU'erence what it was. In; very
seldom coidd fin<l his thin'j-'. He hail a lar-re irold wat h with seal and ehiin. He mislaid that twice -MIO
while I was there, and couldn't lind it, and eallcil me to look for it twice.
Qarxtioii. — How long previously had ho mislaid it .'

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

**IIIIIM IIIIM
S IIIIM iiim

|M
i.8

IIIM

1.25 1.4 1.6

►

-^^

'e).

'^i

¥^w

Photographic

Sdences
Corporation

«•

^ <^

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

.v m.

«^^

f/j

' tU

''i •■:

■ r;

... -'J/

^ Ansioer. — Nearly all d-.n- one time; ami lie luitl let it "lay in the water closet. It was in the
night he asked me to look for it, and I went down with a li;_'ht.

Question. — Now abont tiie f>arden?

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.

>'.,'^.'-

L'* '

',"■'- i '

! J : ■

,:ti

''f.',

''\Kr

w-^;;"'

Mi^ .

',1-i' ^m

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 ; ,'<he kept the money and read the note. I heard
Mrs. Kaulback talking to Mr ^lurdock about the money, and sajing that Henry would'nt give her
a cent of money to spend, and she had none. In fact they all got money, from the youngest to the
oldest, they wei'c like what they call these blood-suckers. After Mr. Kaulback's house was burnt,
Mr. and Mrs. Kaulback and their children (latter did not sleep there but came to eat.) Mr. Mur-
dock on no occasion told me or suggested that I should leave the house. Mr. Murdock thought they
came to stay for a few days only. They had .lot been there more than three or four days when I
found I had to leave. I heard them whispering about it and that's the way I found it out. I heard

m-%

■ (, fc.V.'

.■' .'-i^

If5

■■ .V:;^

> ,. '/♦'■

.'.'■•*^

1.'

1, -m' .' .

:>'

.^ ■,.

■-.'■S.'
^'n''-

>;t,w--i

i 4-v.

'Jt4 J

:^-m

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<it in and read and sleep in. Mo himself found himself uncomfortable, and said :
Mrs. Peck what can I do. Wv got entangled and how am I to get out of it. And that he thought
it was only going to be for a few days, and that he did not dream that they were going to take posses-
sion. Then I said, Mr. Murdock there is so much quarreling and (ighting here ; for Mrs. Kaulback 2230
is always fighting, both him and her ; and he said, what can I do. I said, as long as I was married
I never heard so much fighting and (luarreling. I never saw so much fighting in all my days. He
said it was a thing he wasn't used to and did'nt like to hear it, liked to live peaceably and quiet.
(All objected to by Mr, Owen.)

Qnculioii. — Do you know then why he did'nt take possession of his house and live peaceably
and quietly ?

AiisiC:'/', — Hecausc they tormented him to como there. lie, the old man, was at this time in
a poor condition of body and mind, and didn't know what he was doing when he took them into his
house. I heard jNIr. Kaulback himself say that Mr. Murdock was'nt fit to do business. Mr. Kaul-
back came into the kitchen, alter they had moved into the house, and told me that Mr. Murdock was 2240
not fit to do any business any more, that any cne could cheat him, who ever wished to. My daugh-
ter was present when he said it. Mr. Murdock was at that time out walking with Mrs. Kaulback. I
don't know where they were walking exactly.

Que.stion. — On what terms were Mr. Murdock and Mrs. Kaulback ?
Mr. Owen objects, not being evidence or pertinent to the issue.
Answer. — They were on splendid terms.
Question. — First describe more definitely.
(Objected to as above.)
Judge decides question shall be put.

Ansxcer. — I saw them silting in Mr. AFurdock's bedroom together. I saw them drinking 2250
whiskey or brandy together ; cannot say exactly. They were sitting rather cozy. If Mr. Murdock had
been a young gentleman I would have thought they weie courting. She always seemed to be very
happy in his company. >

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-.

^. ■;-♦',•■

.'^''

'<■ ■

^ ' %

v't

;■/.*''

"'M

1' 1

■ t

'V, I; ■■
.■.■>■ ■.-■ ' .
' iJ ■.»■«' ■

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<l to l)y Mr. Owen, not being evidence or [jcrtinent to the issue.

[The words in brackets extracted and put down at Mi». Owen's request.]

Question. — Did the Kaulback's give you any information about what position they held in the
house ?

An.nper. — Xo ; they took full possession. They brought no servant while I was there.
When I left, the old man was not in a f5t condition to get along without a nurse. He told me before

*• , M

'^■■'ii''\

1. 1 fl .. «

W'^ ■■'■

'I I '::>■'■

1 -J.r •'«

.t<

% '■

' ' ■■''*<'

■■4i\

''>'%

I ^»;.;

'«**(!■

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.-<ue.

Aiiffirer. — Yea. lie never in any way gave me anything extra for that, llf, very often refer-
red to having made provision for nic when we'd be talking. 2.S40

Question. — Down to what period did he have these conversations?

Ansirer. — Down to almost when I left the house, in the evenings when we'd be sitting talking.
I rocollect Mr. Charles Beamish being at Murdock's in June. Sometimes Mr. Munlock would talk
to me about Mr. Betimish ; and wonder how he was getting on. He liked Mr. Beamish very much,
lie spoke kindly of him almost down to the time I left there.

Qucsf'iiin. — Do you recollect any special instructions from the old g(;ntlcinan >.

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<l the money he left nii- would
support me. I don't think it was a fortnight before Mr. Kaulback's family came in that he repeated
those instructions.

Quoilion. — Did he ever, (m any (jccasion, tell you that in case anything happened, yon
should go to the Kaulbacks ?

ylH.s»v')'.— No; iie didn't ever tell nie anything of the kind. Never spoke about them in no
way at all, when he'tl lie talking aboiit his Imsiness.

I couldn't tell e.vactly how many times I saw him drinking whiskey with Mrs. Kaulback, —
about half a dozen times. 2.S(jO

Question. — Who else was he in the habit of drinking with '.

Ansvvi: — Sometimes in the evening and sometimes in the day time Mr. Kaulback would
come in, and they'd sm<jke togt'ther and drink together; it might have been a half dozen times at
one sitting. I cant say. It was gi^nerally in the afU'rnoon when he did come.

Question. — Were there any other gentknieu in the habit of coming and drinking with him ?

Objected to as irrelevant.

Ansxver. — Mr. Couples (a stranger) ; he comes often liere (a piano tuner) ; about two or three
times a year.

QncHt'ioii. — Who that reside in the place have you .seen drinking whiskev with him '.

Objected to by Mr. Owen as Ijefore. ' ' " 2.S70

Ansivar. — Parson Ellis .several times ; Mr. Owen the Rector. I don't recollect the others;
there were several.

Cross-examined l»y Mr. Owen: —

I went to Mr. Murdock's as his h(mse-keeper, to take care of him; that was towards the
fall. We made no agreement upim any wages at all.

Question. — How much did be pay you a month f

Answer. — I didn't get paitl every month regularly. Whenever I wanted any money, I'd ask
Mr. Miu'dock ; and Mr. Murdock would ask if I wanted any. He would give nie sometimes five, six
or seven dollars at a time. Never gave it to nie as a servant, lint as a house-keeper. He never
treated nio as a servant. He'd tell nie to do with it as I pleased. I don't know how much money 2.3<S0
I received from Mr. Murdock while I was there. I never jjut it down.

Vi , J,. »

'■'•*^r;

oyr^

.»>

;,■ f'.::

■» *■

^^\

;■. 4 ■

• /■; ,

,•;•'',• '■'\

'■*

;■' ■■■> : «■,

' ■:■ ■■ !/■''
• ■ ' • Ja .
■ * '*(

r*^

lil
hi
li

ail
in,

ril
H(

all
aft

K,'::rt<fi<>)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<l no business transactions
with him, more than paying his bills and getting receipts. I remendier Mr. Murdock being laid up
with a broken rib. I couldn't tell exactly what time. He came from Mr. Kaulback's from a party. 2420
It was sometime before 1 left, may be three or four months before. He came home from Mr.
Kaulback's and was iu li([Uor a little, more than he ought to have had. I put him to lied.

Question. — Did you on that occasi<in knock him against a stove i

Aunv't'r. — Kmwk him against a stove f I don't tliiidc you are right in asking me a (picstion
like that. When Mr. Murdock came home (No; 1 did not knock him again.st a stove 1) J undressed
liim and put him to bed, and I was in bed some time and heard a great noise and a heavy fall.
1 Ciame down and Avent right into his bed room. I found he wasn't in bed. I went into his pfirlour
and he laid alongside the piano. 1 picked hiui up and jnit him to bed, and he laid there till morn-
ing. I don't know whether he came home with anyone, but he came in the liouse alone.

Qd.extioii. — ^\'as it or Avas it not before April, '7;'), wlien ilr. Murdock went to Halifax, that24.'}0
the rib was broken ?

Aiixircr.- — It Avas aliout that time he Avent to Halifax that his ribs Avere broken. After the
rib Avas broken and previously to going to Halifax, Mr. Murdock comjilained a great deal about it.
He told me he suffered a great deal of pain. He Avas a man that didn't be in his bed much. It Avas
about a month liefore he got to himself as he Avas. He Avas confined in his bed for several days
after the rib Avas broken. I attended him and called Dr. Jacolis. He Avas Mr. Murdock's doctor as

■*^:

ti",:

^^.^•;''i "■''

:.' ■:.■■'.>•■'

» .'■*■ Vi

,11' • ♦

.Ay-' •'^1^1

mmmk

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<'.'<li(»i. — She jjjave e\ idenee in this matter, did she not, in your picsence and hearinjr ;'

A)iKircr.—Yvs.

y/'('.s//i<H.--l)id yon, or did yon not, tell her that .Mr. Mnrdock had left yon two hundred

>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<l she didn't know tiie diU'ennce.

(Jiifstiini. How do you know she didn't know the dill'erenee lietween dollars and poun<ls.

.1 /(,s7'7'/'. — I explained it. to her when 1 went home.

(^iirslloii.- \yu\ you j,dve ':er that exj)lanation hefore she ^rji\e her evidence f

Aiifiirci: ()]\, no ; after she had e;iven her evidence.

Question. — Had she then not learnini,' eiiouiih to know the ditrer-'nce hetween dollars and
pounds iiefore yon talked to her, after she L;a\e her e\ idenee.

Aiisn'ir. — She had not.

(^ii(slli)ii. — Have you stated all you know, ha\inn' any heariui;- on this case, or do you think
of anythinu; fni'ther in connection with this case, or mattei' in dispute havinj;' a tiearinjj; thereon.

Aiisircr.- I can't say any more.

Q II I'M I till.- Have you stated all you know in connection with the matter in dispute, and
having a hearinj,' thereon as far as you know or recollect f

Aiisiirr. — I have, as far as I can reiuend)er or recollect. 2470

(Jiii'sfiit)i. — -Yon stated that Mi'. Min'dock tokl you on ditl'i'rent occasions that he ''.;id left you
two hundred dollars hy Ids will, and also that you would ha\e a eond'ortaiile home in his house, and
that Mr. Heamish would see that you wouhl have jt room in it to live in after his death. How
often dill he tell you that :'

vl/(.s('V/'. - Oh, very often.

I last saw .Mr. Mnidock iiefore 1 went to \'armouth. I went in ^ardeiuni,' time, when lieans
and everythinif were there. Tliey were e.iliiiL;' lieans at Viirmouth. I don't know what time I left
.Mr. Mnrdock. Three or four days after, the KauJIiaek's went to .Mi'. .Murdock's. 1 left, to the liest
of my knowledj;e. I was ujiset. 1 didn't know what I was diin;;'.

(^iii'nt'ii)n. \\i)w loiiM' (liter .Mr. ;ind .Mrs. Kaulliaek moveij in the llou^.e, diil you j^o |o24S0
Yarmouth ;'

A iixii'ci: — I think it was aiiout three weeks to my I'eeolleition.

IJiiistiini. — You iiever saw .Mr. .Min'dock after that, did you '

Ailsirrr. — Yes.

(^»/('.s/ /(»;*. Had you e\('r any conversation with .Mr. Murdoch after that, if so, when and
what uliout f (I mean after you went to Yai'mouth.)

Aiisirci: — No.

Qid'sflou. — \Yhat room did the stove you j^-ot at Mr. .Mui'dock's lielonjr to :•

Aiisiri'r. — I can't tell exaciiy what room it came out of. The stoves were all down. .Mi's.

Kaulliaek had the hed-room stove up. ;

(Jhcs/Zc//. -You remendier in your direct exandnation that you took some spoons fi-om .Mr.
MunUiek, did you not '

»4!tO

t «

;V,'

:«,«.

'^k

.;.>!

!4^g

til
lo:

lii;

<lif

ffii

yoi

pre
ifv

Ansiver. — I did. I took the spoons because he gave them to me. It was when I first moved
in the house that the arrangement with Mr. Murdock, (referred to by me) about the spoons, was
made.

Qncntlitn. — What <lid lie then tell you Avith rcgnni to them ?

Anxiver. — He gave them to me out of kindness, to take tliem wlionevor I wanted them, and
said they were mine at his death, or something liko that. But I took them when he gave them to
me.

The spoons were used in Mr. Murdock's house f»'om tliat time to the day I left, Mr. Murdock 2.500
used them. There was no other spoons in the liouso ( -pt my own that I used when I kept house.
My own spoons, I used, and those I got from Mr. Murdock wlien I kept house for him. My own
spoons and his were there.

Question. — Then you tof)k what you call your own and his at the time you left Mr.
Murdock's.

Annivi'i: — I did.

Quention. — Where were the spoons wluni Mr. Murdock told you (in his own house at the
time you first went to keep liousu for him) that you should have .after his death, or something like
that ?

Awiwer. — In his clu'st. 2r)10

I left a stove in Mr. Kaulback's ])ed-rooin, and one in the garret in my bed-room, when I
left. Thi t'e were no other bed-room .stoves in the hou.se.

Qtu'Hflon. — Then the stove you t()(jk l)elonged to the parlor ?

AuHiver. — I don't know Vt'here it bulongi.-d. I suppose to the parlor. The stoves were down.

Qaextlon. — Were there any stoves down at the time, except the one taken by you, which
belonged to the parlour ?

Ansuvr. — I would have taken the one out of my room only it was too heavy. There was no
stove down except the one that I took, and I could have taken my own but it was too much trouble.

Qdj'xtioii. — What you calleil your own belonged to ilr. Murdock, did it not ?

AnHnrr. — Yes; he gave it to mo. The three stoves were alike. 2.520

QiiCf<t'iou. — Were the three stoves all alike in size ?

Anmivr. — No; not exactly all alike in size ; 1)ut they were one make.

QueHfion.- — Did you take the i)i]ie as well as tlv.' stove ?

Aniiwer. — Yes, I did. Mr. Murdock told me. Do you want to know the price. I bought
the stoves. Mr. Murdock paid for them, gave me the money and I fetched home the receipt.

Qiic.-ifion. — How long before you left Mr. Miu'dock's did he last tell j'ou about his having
left you iiy'200 in his will. You have already referred to hi^ having done so on different occasions.

Ansnrr. — Not very long before I left, or liefore the Senator's hou.se was burnt down.

Qiu'Htion. — Had you or had you not, at the difi'erent times of his making those statements
to you, reason to believe that ho meant what he said ? 2.530

Mr. Weatherbe objects.

Quexfion. — Did you or did you not believe ilr. Murdock's statements to you with re.spect to
his having left you !?200 in his will at the different times, when made by him.

Ansivci'. — I believed it.

Qaextion. — Now, did he know and was he responsible for the statements made to you on the
different occasions referred to.

Answer. — Of course he knew what he said to ni".

Quentio)i. — How was Mr. Murdock's sight.

Aiixvh'r. — It Avas very good at that time, lately, before I left Mr. Murdock's house his sight
failed. He told me so. ' 2.540

Qiu'Ktion. — Did you over tell Mr. Murdock that Mr. Kaulback destroyed this letter to which
you referred.

A))sv('r.—'^o, I did not.

Question.— l)u\ you ever tell him that Mr. Kaulback opened it and read it ?

Ansivcr. — -No, sir. I never said anything about it.

Question. — Did Mr. Murdock, in his house and about the time you were leaving, in the
presence of Senator Kaulback and his son (.'harles, ask you what you had done with that letter, or
if you had mailed it, or words to that effect.

i*.t

'■M%

Ansivcr. — I never heard anything about it. All tliat I know about the letter Mr. Kaulback
forbid me ever to mention it. 25'0

Mr. Owen repeats the (jueHtion.
A.mwer. — I never lieanl a word of it.

Mr. Owen repeats the (piestion again, and asks the witness to answer yes or no.
Answer. — I heard nothing about it.

Question. — Did Mr. Munlock ever, at tlie time and place referred to, ask you any questions
with respect to that letter.

Ansivt,r. — No. He asked me nothing aboiit it and I know nothing about it.
Mr. Murdock did'nt hand me the letter, but laid it on the table ami asked me to take it to
the mail. It made no difference whether I took or sent it. The letter I received from Mr. Murdock
demanding return of the stcve and spoons was not in his handwriting ; to the best of my knowledge 25G0
Charlie Kaulback delivered it to me.

Question. — -Did you ever take any whiskey while living at Mr. Murdock's.
Mr. Weatherbe objects to the evidence as irrelevant to the issue, (Judge admits question.)
Answer. — I did not take any whisk'>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 questi<jn, for I
was not tlrunk. Hoav could I have been when I coijked the dinner for Mr. and Mrs. Kaulback.

Question. — Were you not so intoxicated during the time last referreil to, that is between the
time of Mr. KauDmck's family coming to Mr. Murdock's house, and leaving, that you were unable to
cook the dinner ?

Ml'. Weatherbe objects, being irrelevant.
Judge ailmits the (juestion.

Ansiver. — I .say its a lie. I'll tell you; I Avas upset in miml and body by trouble. I didn't
know where to go.

Question. — Were you in the habit of giving liquor away ? 251)0

Answer. — No, I gave no liijuor away excej)t what I took into the parlor.
Mr. Weatherbe oljects, being irrelevant.
Question withdrawn,
Re-examined by Mr. Weatherbe : —
Mr. Owen objects to re-examination.

It was very late when Mr. Murdock came home the night he broke his rib. I waited up
for him as I always did. I don't think he was near the stove by the way he laid. I rather think
he went himself to the party.

Question. — Did any person come to the door with him or speak to you i

Answer. — No, he came in himself. It was a cold, windy night, I think. 2000

Question. — What time of year Avas it !

Objected to a-, being irrelevant and not pertinent to the issue.
Answer. — Can't tell.

^'•im

•<■'■■'■■,. t\

' ■■>t'\
... '•*'

, .'■■■*^l

.*K< .•;.■■

; ^ ' -'V

lO.i

■•^iU .';

■■■* ■ y-..sir
..."■•„■*■; -*i*vfc

^^i^'-

"*i.

•i"

■<:}^

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 note<l a tlinnge in him bodily and mentally after this. 2030

Mr. Owen objects on ground of its not being a matter for re-examination, and a part of
petitioners original case. (Judge admits question.)

An.'^wer. — Yes, Mr. Murdock told nu; the Kaulbacks invited him to this partj' or wedding,
after Mr. Norwood was there at the house. I think he was a^^ ay two or three days, but can't .say
for certain. I can't say wliother this was before or after his ribs were broken. Mr. Beami.sh was
there after that, as far as I remember.

Question. — Did you hear Mr. Norwood talking about the wedding while he was at the house ?

(Objected to.)

Answer. — No. I did not hear him.

Question. — Did Mr. Kaulback and Mr. Norwood go away together from Mr. Murdock's on 2G40
that visit.

Ansioer. — Yes.

Question. — You say that Mr. Kaulback and Mr. Norwood went away from the house
together. Did Mr. Murdock go with them ?

(Objected to.)

Answer. — No, they left him in the hoiise.

Question. — After they went away what state was he in ?

(Objected on ground that its not matter for re-cxamination, and part of petitioners original
case, if at all pertinent.)

Judge rules (juestion out, conceiving it a part of petitioners original ca.se. 2G50

Neither Mr. Kaulback or Mr. Norwood returned that day. They left before dinner.

Question. — How manj"^ glasses were in the room on the table ?

Ansrver. — Four tumblers and a decanter of whiskey. No other liquor. That was in Mr.
Miu'dock's bed-room.

Question. — Did you show him out the door ?

Ansiver. — No, i\\<iy didn't ask me.

Question. — Where did you find Mr. Murdock when you went in the room ?

« «.«

'::♦■■■ i

^.:-m

f-;

il, J*,

ii;i

>k,

ta
le
be

\i
M

do
th<

0V(

thi

pre

cot

Th(

i^".-:^l

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.

■ ■ • . '< t ! •

i}:. fy-.

m
I'

>!.

I
I

' ■ : " f I

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

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.

:^•.■^ ;

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*.-' "

■■,'■«'

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<l he admitted owing Mrs.
Metzler a certain balance, but he seemed to have no recollection what the balance was.

Q. Did he not deny that there was any balance due her ? (Objected to.) Objection with-

■"•1 -y.

i i\ v,;.]

■•r<

1*1

4Ji;|*j*

flO

drawn. A. In his direct examination he most positively denied that he owed Mrs. Metzler anything,
and in his cross-examination he admitted that he owed her a little something, hut nothing like the
balance claimed. He didn't know what it was; some bottles, he said, I think. Me may have said 1
or 2 bottles ; but 1 don't think so.

I have been acquainted with Mr. Murdock to within 2 or 3 months after he came. I saw him2870
fre(]nently passing through Mr. Kaulback's office, but not frequently to speak to.

I purchased his library from him about 2 years ago — a month or two previous to his moving
away from Lunenburg Tlie last time I recollect seeing Mr. Murdock was in the court-room in Oc-
tober last. I may have seen him since, but don't recollect. I don't think I saw him on any other
occasion in October. 1 may have. 1 called at his house in October to see him, but didn't see him.

Q. Did you see him in September ? A. Yes, I guess 1 did, I saw him either in August or
September.

Q. Was Mr Murdock, up to the time you last saw, of sound disposing mind and memory,
in your opinion, and capable of making a Will .

Mr. VVeathcrbc objects on the grounds that witness cannot give opinion. (Cited Greenleaf,2880
vol. 1, page 564.)

Judge rules question out.
Ke-examined by Mr. Weatherbe:
Mr. Owen objects to any re-examination.

Q Mow long previous to the trial had the matter of the bottles taken place, about which he
(Mr. Murdock) was giving evidence ?

Mr. Owen objects, Mr. Weatherbe having referred to the trial, and Mr. Owen not having gone
into new matter on the cross-examination of witness ; also not evidence or pertinent to the issue.
(Judge admits the question.) A. All 1 know about it is from the bills upon which the action was
brought, and they ranged from the month of March to the month of August previous to the October2890
of the trial.

Q On the occasion that you mention having seen him previous to October, were there any
indications that he had been drinking ? (Mr. Owen objects, not being a subject for re-examination or
evidence Judge rules the question out.

Q. Or. the occasion when you saw Mr. Murdock in September, referred to by Mr. Owen in
his cross-examination, where was he ? Objected to by Mr. Owen. A. I don't know if it was on
the same day or not j but once in Mr. Kaulback's office, and once in Mr. Murdock's house.

Q. Who else were present on that occasion ? A. I think there was present neither one nor
the other referred to on the cross-examination I don't know which occasion you meant.

Q. Who were present when you saw Mr. Murdock at his house, referred to in your answer2900
concerning the interview with Mr. Murdock, referred to in the cross-examination of Mr. Owen ?

Mr. Owen objects on ground that is not evidence or subject for re-examination, and also on the
ground of there not having been an interview referred to by witness ou cross-examln.itiou. (Judge
rules question out.)

Q. What time of day did you see him in September ?

(Mr. Owen objects, not being evidence or subject lor re-examination. Judge rules question
out.

Q. Did you not go to Mr. Murdock's house at Kaulback's request, on the occasion referred
to in September ?

Mr. Owen objects, not being new matter, also on the ground of not having asked witness as29l()
to when he saw Mr. Murdock, or at whose request he went to see him.
Judge decides question shall not be put.

Q. What part of the house did you see Mr. Murdock in when you say you saw him in the
house in September ?

Mr. Owen objects, not being new matter or subject for re-examination, and also in consequence
of his not having asked the witness on cross-examination as to when, or in whose house, or in what
part of the house he saw Mr. Murdock.

Judge decides question shall not be put.

/"•■". ;■

*■■; ■'

'*;• .^ ■•

^■|

*ii

>«i *.

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

*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

':. ■■•<iH

---K

>•!•

':.f^V":.'U'

' ♦

f't.

'!', -10

;*.

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 H<il>jet'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'

>l»

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<S7') ! A. I saw iiotliiiii; of
the kind brouglit ii\ liy Mrs. Peck .)r anyltody else.

ii. If Mrs, Peck liad l)rought, or any one else liad taken a decanter of whisky or li(|Uor
into Mr. Miirdock's room durin<,' tlie time on the occasion referred to in .June, would you not have
seen it, and know the fact ;' A. 1 would.

(.),. Was there a decanter of whisky, oi other liquor and tundilers on the talile in Mr. ,Mni'-
dock's room when you eiiteied therein on tlie occasion referii-d tu in June, or during' any portion of .'tOMO
the time that you were then there :' A. I saAv nothing; of tlie kind durin;,' the time 1 was then
visitinm' Mr. Murdock.

(Jj. If there had Keen a ilecanter of whisky, or any other liipior or tumblers on the talile,
in said rotmi, on the occasion refeiicd to, would yoii iiotliave seen them I

Mr. Weatherbe olijeels on tiie;;round that it is reasonin;,' witli the witness, and leading him.

Juilge admits (piestion.

A. I fee! certain that I would have seen them. On h-aving Mr. Murdo(d\'s lioiise in June,
.\Ir. KauUiack acc<impanied me.

Q Did not ^Ir. Miudock also accompany you ?

Mr. Wcathprbo objects. (Mr, Owen <loea not press tlio question ) 3040

Q. You staled in your hist answer that on leavin ^ Mr. ^lurdock's house, in June, Mr. Kaul-
hack accompanied you, but that you had not fini.shod your answer, what else did you intend adding,
and what further statement do you wi>]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 •*,

/■.-»■ 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<Mnl)cr ex-
actly. I was in convertintion with Mr. Murdock during that tiiiu>.

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 remainc<l tiiree or four days in Lunenburg
on the occasion referred to. Did you meet and converse with Mr. Murdock at that time, on other
occasions than those mentioned by you. Particularize during that visit ? A. I drove to the lower
Church in company with Mr. Kaulback, Mr. Murdock and Kev. Mr, Ellis.

Q. Had you conversetion with Mr. Murdock on that drive ? (()!)jected to as too remote.) A.
I had conversation with Mr. Murdock which finally merged into argument. 3100

Q From the conversation referred to during that drive, how did he converse or argue !
( .Mr. VV^eafherbe objects that it is irrelevant and remote and sultject of opinion. Jiulge admits the
question, subject to the objection ) A. In a very gcntlennudy and scholarlike manner. The whole
tone of his bearing and conversatiou exhibited mental vigor. 1 am not aware of the distance from
here to the lower Church, at the river.

Q. Were they je, I'ling that Church at that time, and if so, did Mr. Murdock make any
suggestions with respect to the same ? (Objecited, period too remote and evidence immaterial.)

Q. Did Mr. Murdock return with you to Lunenburg on that occasion? A. He did. We
went to Mr. Kaulback's house on our return about sundown.

Q. In what state of mind was Mr. Murdock on the different occasions you met him in June, .3110
already referred to by you ? (Mr. Weatherbe objects on account of the remoteness of the evidence
and that the same calls for o])inion, without any facts. Judge admits the question subject to the
objection.) A Undisturbed and healthy.

Q. Did you again meet Mr. Murdock during the month of June, 1875, and subsequently
to your visit to Lunenburg, and if so, when and where ? A. I met him subsequently somewhere
about the 18th of June some year at New Ross. Hon. Mr. Kaulback, Edwin Kaulback, and Mrs.
Henry Kaulback accompanied him. Mr. Murdock remained there I think some three or four days.
1 was busy attending to Parochial work. It might have been longer.

Q. Relate what transpired with respect to Mr. Murdock on that occasion. A. I met him
at Squire George Ross' house, in the Church, and at Mr. Pratt's. There wus a wedding party at 3120
Squire Ross' house on the Saturday previous to the Sunday I met him in Church. At the wedding
party he proposed a toast, and delivered a very neat and appropriate speech on that occasion. After
dinner we adjourned to the parlor and entered into general conversation, which terminated in argu-

■}

i'V-:^'i

ment. That argument was on the origin of Protostantism. He showed in that argument a dear
knowledge of history, and corrected in some misquotations. Having a sick call I was suddenly called
away, and did not see him again till next day a^ Church. The Rev. Mr. Moore preached a sermon,
upon which Mr. Murdock afterwards commented ami spoke of tlie touching language in which Mr.
Moore had delivered it, and how it accorded witii his own feelings. I do not remember any further
conversation at that time. I had my duties to aUeiid to. New Koss is 3(5 uiil(>s from Lunenhurg.
The state of the roads from Chester Basin to New lloss (about 1 1 miles) is very t»ad an<l rough. He 3130
(Mr. Murdock) appeared to be in the ordinary state of health iu which I found him before

Q. From the conversations you had witli him there and the arguments referred to by you,
what was the state of his mind? (Mr. Weatherbe objects on ground of remoteness, and being only
matter of opinion.) A. 1 perceived no ditl'erence at that time from times previously. His mind
was then clear and vigorous.

Q. Were you a medical student previous to your admission to the ministry ? (Objected as
irrelevant and leading.) A. My College course for a missionary included Clinical lectures. T next
met Mr. Murdock in Lunenburg latter part of October, Squire George lloss accompanied me on that
occasion to Lunenburg. I met Mr. Murdock on that occasion in tlie houst; at present occupied by Mr.
Kaulback, being the same house occupied by Mr. Murdock in June. I found Mr. Kaull)ack there. 3140

Q. On first going to the house, whom else did you find there besides Mr. Kaulback? A.
Mrs. Kaulback. Afterwards I saw Mr. Charles IJeamish there, and there was another gentleman
with him (E. J. Tobin) from Halifax. Squire (ieoige lloss, of New lloss, was present too. At
that time Mr. Murdock made me a present of a Hebiew Testament and a Hebrew Lexicon, and wrote
his name in them.

Q,. Relate the circumstances that led him to give you tlicse books. A. I toul him
that I had lost most of my library on tlie West Coast of Africa and found it very hard
to replace it. He told me 1 might look among the books on his shelves and if 1 found here
any theological works that 1 wanted I was welcomi; to them In the searrji I found this Hebrew
Rible, and said that was all I would ask. He took the book, wrote his name in it, and handed it to 3150
me with his compliments. Then he stated that he had a Hebrew Lexicon, which was a companion to
this Bible, and he got up then to search for it, and Iiaving Ibund it, wrote his name in it and gave it
to me. He wei ' on to speak about the Hebrew language, and gave me ids reasons for having stu-
died it. In the > 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.

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<l by Mr. Weatherbe.

I did not prepare my evidence in writing. I had a paper simply with dates of my being
here. I got my dates from a diary. But I didii't use the paper at all. I had the date of the
nian-iage Mr. Murdock went to attend. Shortly after fiist ])art of June. When I was at Lnnen-
})urg. I think I gave evidence in my direct examination of all t!ie conversations I had with Jir.
Murdock after June. I don't recollect any othei' conversation I had. I wiiit to Mr. Murdock's hoese
inOctober visit with Squire ({corge Ross. I didn't know how long Mr. Kaull)aek had been liviii;.'' .S200
there then. I did no^. see Mr.s Peck there in O'ctijbei'. I remained in Ltnicnijnrg on that occasion
three or four days. Stoppeil at the Scotia House. I visited Mr. Murdock in latter part of the fore-
noon. I was introduced to Mr. Beanusl> 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^^

**,

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 duriii<f the whole day.
I don't think he drank more than twice in my presence. Once I think in the morning and once I
think in the afternoon (by morning I mean forenoon.) When Beamish, arid Murdock, and Kaulbaek
were present in the afternoon, part of the conversation h^id reference to some papers, which apparent-
ly to me, belonged to Mr Miudock, bui, were held by Mr. Beamish. [ have beard Mr. Murdock
quote poetry. Can't remember particularly his conversing on poetry. I don't know whether he
made any poetry at New Ross on a lailies eyebrow. I don't know of bis having a fancy for a Miss
Crowe in Lunenburg. I don't know that he had a weekness for women, young or old. I never
knew that he had a particular fancy for young women. I never heard that he had a positively de-
fined desire for kissing young ladies hands. I never heard that Mr. Mmdock had fallen desperately .'>2.")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. (Objocte<l.) I have not a definite id<'a of the character and habits of Mr. Murdock while 8200
he wa.s in Lunetdiurg. In the afternoon referred to, when Mr. Di'anii.sb, .Mi-. Murdoch, Mr. Kaul-
back and myself were together, during the afternoon, after dinner, Mr. I'leanii^h and Mr. Murdock
had conver.sation respecting the papers wbieli Mr. Beamish then held in lu-i baud. As far as I can
remember, Mr. Biiatnisb asked wbi're he sliouid [dace them. Mr. Mui'Iock gavi- hini his keys,
pointing to a box at the side of the room ; desired him to place tlie pa[)ers in that box, which .Mr.
Beamish did, returning the keys to Mr. Murdock after locking the box. That is the only part of
the conversation I remember. I was present with Mr. Murdoch after the transaction respecting
the papers, in his garden. The conversation there had reference to nialtt is in the garden, and no
other subjects. Afterwanls w<; were again in the stuly, that afternoon. .Mr. Murdock a?id ?ilr.
Kaulback were then piesent. We then had conversation about goitig to Malioiie Bay, and .Mr. .'3200
Murdock expressed his dissatisfaction, Mr. KanH>ack 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<l fix up busiiu'ss inattei's. He did not say that he wish<^l to see any one particularly at
.Mahono Bay. All that I can recollect is, that Mr. Murdock wanted to go to Mahone Bay, ami pir-
sisted in the idea of going. 1 cainiot say that Mr. Murdo(dv <lid or did not expi'ess a distinct
desire to .see some particidar pei'son at Mahone Bay or ('liester, as a reason for his going there. I
heard him say that if I did not takt; him he would go in the coach.

Q. Do you know, or did Mr. Kaulback tell you, that Mr. Murdock came into the room at :32cSO
y or 10 o'clock at night, dressed to go in the coach, although the coach went next morning :'
A. I did not know it, and I did not hear it, neither did I hear that Mr. Kaidback ordered him to
go and take off his clothes. I th night he was quite stubborn about the sidiject of g<iing, bi cause
it prevented my going.

Q. Will you be good enough to state why, since he desire(l to go, and you also desired to

,ti -■,•

•■ t '

; -,

.:-J^

' ; V

.:i':

, '

. . *■ )»

.•^:

: #

. ;' •

'«

«■.

•

■%'■

"!».-«!

go, you did not go and tako, him with you ? A. Bucauso of tho evident wish of Mr. Kaulback
for him to remain, and because of my idea of the sense of courtesy wliieh Ik; owed Mr. Beamisli.

Q. Did I not understanil you to say tliat you were only iutroihiced to Mr. Beamisli, for the
first time, that day ? (Objected.) A. Yes, I did. The sense of courtesy I thought he should
manifest to Mr. Beamisli was because I tliouglit he was some relation to him. There was no 3290
other 8en.se of courtesy I tlumght to be due. I urged him to remain ; that if lie had business re-
latiims with Mr. Beamish, he hail better remain.

Q. Did he say anything in reply ? A. He .said he did nut w uit Mr. Beamish to interfeio
Avith his business.

Q. Were you aware that the only business Mr. Beamish had was giving him an account of
how he had appropriated and expended monies ? A. Only froai the facts of the pre.sentation of
these papers, before referred to. I merely urged, without bringing forward, claims of relationship.

Q. I understand you to say that the lateness of the hour, urged to Mr. Murdoek for
not taking, was a mere pretext. (Mr. Owen objects on the groiiml that witness has not
stated that it was a mere pretext, as will appear by the evidence, also on the ground of illegality 3300
and suggesting tho answei'.) A. Yes, I did say so. 1 gave up going, so tliat I miglit not have to
bleak my word in promising to take if I went. I say I thought he was self-willed in persisting
in going.

Q. Did you think that Mr. Murdock persisted in going away from Lunenburg on that oc-
casion to an inordinate degree. A. I would not consider it inordinate. I should consider inordi-
nate to mean outrageous. I .should not .say he persisted to an umvasonable extent, the man may
have had his own leasims. 1 am not in a position to judge whether h" piTsistcd to an unreason-
able extent or not. From the fact of Mr. Munloek's saying tliat le- did not wish Mr. Beamish to
interfere with his business, concluded tliere was other busine.s.s to bt; d(jne.

Q. If Mr. Beamish Murdock had no otliei business than tlie passing of the papers, and in 3310
relation thereto, which was transacted in your pre-tjuce, was his persistency in leaving Lunenljurg,
and his writing that he tlidn't wish Beamish to interfere, in your opinion, unreasonable ami
childish ?

Mr. Owen objects on the ground of ilhigality and being a trap ([uestioii, and reasoning with
the witness, and al.so on the ground that Mr. Mu dock may havt; had private reasons of his own,
of which witness knew notliin<r, for desirini' to <'o to Mahone Bav and also on the "-round that
witness has already given as one of the reasons for Mr. Murdock's desiring t ) go there, that lie ex-
pressed dissatisfation toward Mr. Beami.sh.

Judge admits the fjuestion.

A. i feel that I'm not in a position to give an opinion. 3320

Q. If, in point of fact, the whole business between Murdock and Beamish was finished up
on the passing of the pajjers. which you witnessed, eonsideiing the re isons urged by Murdock for
leaving Lunenburg, including the reason urged that he didn't wisii Be.uuish to inteifere in his busi-
ness matters, and considering that the business matters were merely accounting for monies he had ap-
propriated, do you consider his determination to leave Lunenburg that afternoon, against the expres-
sions of yourself and Mr. Kaulback, unreasonable and childish or either?

(Mr. Owen objects, being a trap question, reasoning with witness, and for other reasons given
in objection to preceding question.)

(Judge rules question out as being already answered, and as 'xniig a tra[) question evidently.)

Not knowing the causes which seemingly produced ill feeling in Mr. .Murdock's breast, against 3330
Mr. Beamish, if they were of that nature to j)roduce righteous anger, I would not deem Mr.
Murdock unreasonable Of what those causes were, 1 have no knowledge and therefore am not in a
position to give an emphatic judgment. I judged that there was ill feeling in Mr. Murdock's breast
against Mr. Beamish, but was not curious enough to know the causes. I have no knowledge of the
cause, nor did he disclose any in ray presence, for this ill feeling I don't remember of his exhibit-
ing this ill feeling to Mr. Beamish himself. I have no knowledge or remembrance that Mr Kaulback
urged on Mr. Murdock his relationship to Mr. Beamish, as a reason that he should remain in Lunen-
burg while he was here. The last time I saw Mr. Murdock on that occasion, Mr. Kaulback urged as
a reason for his remaining, that he h.ad some unfinished business with Mr. Meamish. Th it was the
only reason urged by Mr. Kaulback that I recollect. 3340

<j . »« .

■*^

1 1

;'.r-"v-.

w-^i

■km.-

"fJ

i,< »

Q. Are you prepared to swear that Mr. Murdock did not drink four or five times in your
presence that day ? A. I have only remembrance of his drinking once in the morning and once in
the afternoon. He had a glass of liquor which he was sipping. Mr. Kaulback did not tell me what
quantity of liquor he supplied Murdock with. I never conversed with Mr. Murdock on the subject
of liquor or drinking. He never mentioned the subject of his favorite drink to me. I think that
rye whiskey was the only drink I have any remembrance of, in the house, In June, as referred to,
Mr. Murdock spoke to Mrs. Peck as a master would to a servant. It was a direction with regard to
some domestic affair, don't know what.

Q. Do you know of Mr. Murdock having executed several papers purporting to bo wills
while at New Ross ? (Mr. Owen objects, not being evidence, and Mr. Weatherbe not having given 33,50
notice to produce alleged wills, cannot give secondary evitlence thereof, and also that the question
is a trap question as the word " executed " in the question would imply that the same was duly
executed according to law. Judge rules question out.)

Q. Do you know of Mr. Murdock's having signed several papera purporting to bo wills,
while at New Ross ? (Objected to for reasons as given to previous questions.) A. I never saw
him sign any paper.

Q. Did Mr. Murdock tell you any thing about it ? (Objected to as above.) A. No, he never
told me anything about it. I never heard him tell any one else. I did not see him sign a will in presence
of Mr. Ross. Mr. Murdock told me nothing about making a will at all, while he was there. I have no
recollection of Mr. Murdock having prepared a will and having it in his room before he went to 33fi0
New Ross. I knew nothing of his coming to New Ross until he came. I will not undertake to
swear to any single article that was on his table on my visit in June. When I was looking at the
books Mr. Murdock and Mr. Kaulback were talking behind me. I paid no attention to what they
were saying or doing. I cannot say that my back was towards them all the time. I have
no recollection that either Mr. Kaulback or Mr. Murdock left the room while I was looking at the
books. I was deeply interested in the books, looking for some special works. I cannot swear that
Mrs. Peck did not come in the room the second time on that occasion. I have no recollection of any-
thing respecting the door whether Mrs. Peck shut it or not when she went out. I looked at her over
my shoulder when she came in and went on looking at the books. I saw nothing in her hands. I
took no particular notice of it. Having no recollection I cannot swear she had nothing in her hands. 3370
I saw neither tumblers nor water. I am not prepared to swear that she did not bring those things
in, as I have no recollection. I did not see her do so. I don't know whether Mr. Murdock summoned
her into the room or not, or what he said, or whether he gave her an order. I heard no orders,
therefore I can't swear. Having no recollection, I cannot swear whether he gave her an" order to
bring tumblers and water.

I am prepared to swear that I drank no water in the house that day. After the fire, I drank
some rye whiskey in the house. I only made one visit to Mr. Murdock's house in June.

JOSEPH W. NORWOOD.

Sworn to at Lunenburg, in the County of Lunenbiu'g, this 12th day of August, 1876, before
me. 3380

[Signed] GEORGE T. SOLOMON,

Judge of Probate.

i^x--

'•-■•f

l&i

•>-**■

(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 <lul_)

I am a olorj^yiiian of tlic (
nc'tiiij,' in tliat capacit}' from that tii
caiiR' to Luiu'iiliurj,' tlif 12tli uf Mai
biirj,'! was assistant ministrr of tlio
fax. I was ac(iuaint('(l with tlu! lat
within thri'c or four ilays of liis (K'ti
tiiiio in tlic spiinf,' of I (S74.

Q. Wfit,' you in tht; liahit o
therhu ohjticts on ground that conns.
Hunting him fru(|U('ntly ; and licsidi
nuts tho (|U('stion, suhjin-t to tlio ohj
I saw him more fr(M|iicntly wliun 1r'
oiic't' or twit'(! a wci'k on an averago.
the liahit of seeing Mr. Murrlock at
sionally saw liiin at liis own house j

Court adjourned until 2 o'clo

I form ofhiV!, i}f the iilh (Jill hint Will iiiiil Trstinncvt of Bi'iivi-
■y., Ill flic Vuuntif iifoirmiiil, Jlnrrixtir-iil-LdH', iliirdai'd

111 Kllis, of Sackville, in the County of Halifax, taken hofore
I'roliate of said County of Luiieiihurg, this fourteenth day of

■ sworn, (lej)osetli and saith :

Jhureh of England. I \\as ordaineij in l.Slil, and have heen
lie till the present. I resided in Liinenimrg for some time. I
cli, 1S74, and remained until 1st July, l.STO. While in Lunen-
parisli. 1 am now the inoumlieiitof Sackville, (bounty of Hali-

■ Beamish Murdoch, from the time 1 tirst came here up to
th. I tirst met liim in Luiieiilmrg, in his own house, some

meeting liiiii seldom or fretpiently after that ? (Mr. Wea-
il has already led the witness, whether he was in the hahit of
•s that, as at present put, the ([Uestion is leading.) Judge ad-
.'ction. A. J met him very seldom liefore he left fin- Halifax,
returned, ami, I should say, for the last Hv<! or six immths,
Previously to Mr. Kaulhack's tire, I was most frecjuently in
Mr. Kaulhack's house ; seldom saw him anywhere else. Occa-
reviously to that date,
jk i\ M. '

Q. What was the date of that fire and hurning of Mr. Kaulliack's house, referred to hy
you ? (Mr. Weatherlie objects, on t le ground that counsel has told witness the day of the month,
hy having first put the ipiestion in !. ditt'endit shape, and then withdrawn it.) Judge admits the
question. A. It was about the latter end of July or the beginning of August last. Between
tile time of the fire, about first of i* ugust last, and that of Mr. Murdock's deci-ase, I was in the
liiibit of visiting him about once or .wice a week, on an average. I visitiMl him in the capacity of
one of the ministers of the parish. I was in the hal)it of visiting him in his own house (after the
firel I went there mostly for tho ) urpose of conversing with him. We were in the habit of con-
versing on ditt'erent subjects — sometimes religious subjects, and sometimes in connectitm with his
own life, and occasionally on political matters. I cannot tell you any more on the subject of con-
versations. You asked me the subjects. Before the fire I was in the habit of conversing with him
<iii geiiei-al subjects. (Objected to as remote.)

Q. From your conversation < nd knowledge of Mr. Murdock about the time of the fire, what
WHS the state of his mind ? (Mr. Woatherbe objects, evidence too remote and matter of opinion.
That even according to American authorities, no opinion could be received without the fact upon
which it was based. (Quotes Jarnin: on Wills, page 77, note. J That there is no English authority
tor receiving opinion at all. That this witness has given no conversation whatever. That to receive
opinion without the facts would prevent the application even of the American rule of calling other
witnesses to controvert that opinion, hy submitting the same facts, and that it would be unfiiir to
petitioners, inasmuch as they have no; had an opportunity of calling for opinion without facts.) (Judge
admits the question, subject to objections raised, reserving his opinion upon the point.) A. I con-
sidered that it was very clear, he certiinly knew what he was about. I should never have dreamed of

33!M)

UOO

3410

3420

;♦:•:-•.:■

PT^

■W\

thinking him an insane man, if I hnd'nt heard Nomnthing almut it nfteiwanls. On the occasion from
time of fire up to a few davB before his decease, when I visited him once or twice a week. 1 had
conversations with him the same as mentioned. (Objected to on same grounds'.) I found ;J4'J0
him most clear. There was one conversation about Sir (ieor^c Westfall. lie j^ave me his history.
That lie was a poor boy who rose by his own merit and got into the navy by the influence of the Duke
ol Kent. Another time he told me aliout llie Tribune. Another time ho told me of his experience
in the House of Assembly and how he came to lose his election. On religious matters he held views
I can't say peculiar to liimself I have seen tbem held by others. Me held his views tenaciously,
1 always lookerl upon him as a man of very strong will and determiiiiition. (Objected to and received
as before.) I have entered into arguments with him on two or three occasions There was one on
nn occasion when we were driving to the Ferry with Mrs. Kaulliack, Mr Norwood, Mr. Murdock,
und myself, since he moved into the house in whicli he died. On another occasion at New Ross. He
argued clearly and logically. (Objected to and received as befere.) I always found his memory good.
His was better on some subjects thin my own. That is of course on these sulijects. 1 could'nt enter .1440
into household matters such as those who lived in the house could enter upon. I always foiuul him
ready enough to find a book or air thing of that sort. I never found any difference in the state of
Mr. Murdock's mind from the time I first saw him up to the last time I saw him I saw him on the
Sunday before he died and his mind was then as clear as it ever was. I had (M)uversation with him
on that Sunday. He spoke of his own state of he.ilth, and the KauUtacks (the .Senator and his wife.)
Spoke of their journey and that he had lately reieivcd letters from them. I have heard him on other
occasions refer to Mr. and Mrs. Kaulback and family. Yes, at numerous tinn-s. He always spoke
in the most kind manner of them. In the kindest manner in which a man could speak, and with re-
gard to the chihlren, that he looked upon them as his own. At the tinie of, or rather on the morning
after the fire, I saw Mr. Kanlback and Murdock meet (a group of people present clo.se by. Miss 3450
Gaetz and Wm. Gaetz were there.) Mr Murdock expres.sed his regret, like any other gentleman, in
a most sensible, feeling way. He Mi. Murdo( k) offered him the use of his house, and told him it
was his to use as long as he thought fit :uul expicsscd his pleasure at being able to requite the Senator
and his family for the kindness he hai' m( eiyed, i>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 y<m hear Mr. Murdock ever refer to Seiiatdr Kaulback or his wife in any other
tlian terms of fiiendship and re,sj)ect, and diil Mr. Murdock evir state to you that Senator Kaul-
back or his wife had ever attempted to unduly iuHiU'nce him. A. Never.

I met Mr. Murdock in his gaiilen once (»r twice and talked to him there. Once soon after
he went there, when he shewed nie the place. Once when Mrs. Kaulback was there in the garden
and once I went to see hint and he was working in the gaideii 1 (>i)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

i^.

t'xocntion of said
I.S7"».

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 <i;iven j^enerally
without makin<^ a new case, not covered by this petition. That the evidence tiindereil, is not
pertinent to the issui! we aie tryinjf.)

The Juil<(e decides in consecpiencc of the Proctor on the part of the I'etitioner. haviiii^ j^iven
notice to the Proctor on the part of tl:e Respondents, promotin^f the Will, to piodiice the Will,
lieiiiinj,' datt' 27th day <if Aui,'Ust, liS7"). If required to he ;^iven in evidence. I adjudLTc the (pies-
tion put to the witness under e.xaminatioii, (and a suhscrihinj^ witness to said Will, to speak us to
the .sanity of the Testator at the time of the e.xecution thereof.)

A. CV'itainly he was.

Q. Was he of .sound disposinjj; mind and memory at the time of thi
Will, in the presence of yourself anil (leo. A. Ross, on said 27th ilay of August,

Ml-. Weatherhe ohjects on th" ^lound.s already j^'iven.

A. tVrtainly he was.

Mr. Owen now tenders a Notice to Produce, served on him hy Mr. (Jeo. A. Riiss, the asso-
ciate Attorney of Rohert L. Weatheilu', Proctor in this cause.

Ml'. Weatherhe ohjects that no proof has hcfu {^iveii of any notice.

On the occasions of my visits to Mr. Mtndock his dress and appearance was just as it
should have hi'en, and as I expected to tind it, cli'an and neat.

Mr. MurdiKik sjioke to me about some letter he had j^iven Mrs. Peck to post and that she
had acted as a traitor, as J understood it, she took the letter to Mi'. Kaulhack. lie appeared to he
very indijL^nant at her conduct in the mattei'.

('ross-examined hy Mr. Weatherhe.

It was just after Mrs. Peck left that Mr. Murdock spoke about the letter. We were alone.
He introduced the subject to me. 1 know nothinix about how he found out about the letter. Mr.
Kanlback was not prt-.sent. He did not tell me who the letti-r was addre.s.sed to, nor that it wa.s
addrtsseci to a Miss (Jrowe, to whom he had proposed anil whom he wished to mairy. I have
heard he wanted to marry Miss ('row*'. I can't .say Mr. Kaulhack told ii.e. I heard Mr. Kaulhack
joke with him ab(»ut it once or twice. J don't know how old .she was. Me didn't tell me Mr.
Kaulhack told him about letter. I did not hear Mr. Kaulhack s))eak about the letter. Mr. Mur-
• lock said with rej^ard to the letter, " I wouldn't have ndnded, if she hadn't proved a traitor. I
f,'iive her a lett^^r to post, and she j)ut it n])on Kaulback's disk." I don't know where the desk was,
tuulerstood in the otlice. I don't know where he meant by the <lcsk. I thouj^ht he had i>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
<ihli;,rcd to call him in twice the .same Sunday nnuninf,', from workinj,' in the <,'aitlen, when lie
ndinitted that he didn't know it was Sunday, that he would fall down on his back between the
rews of potatoes, and make no sij^n and have to be .searched for in the ^ai'th'U, that he woidd
allow Mr. Kaulhack to cairy Rye whiskey in a ju^ to him at in<^lit and leave it at the housi-,
iilthoui,'h he complained that he didn't wish Mr. Kaulhack to su|)ply him, that he could supply
liiniself with liijuor, and still w<ndd allow the practice to 1k' repeateil aj,'ain ami a^jain, to the

:U!)i:

;h-)()()

:^.-)i()

:)52()

:j.-)3()

;■: i.. « .'
'i ■ ■**■ -I

•^.

. . ' r"'

--.^■c

:>.\ V

r*..-

'IIn'*

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<l the conversation with him about his enteiing the Church,
before he went to Hiilifax, in one of the rooms of his house, before the Kaulbaeks went to live
there. I knew of the poetry he made after the fire. He c(mversed with me about it, and 1 knew 3570
the nature of it. (Mr. Weatherbe calls for the poetry that Mr. Murdock maile on the subject of
the fire. I have conversed with him on the subject of the contents of this paper marked " Q."
" G. T. S.," (put in and read by consent.) I went to Munlock's house when 1 witnessed the Will.
I got a message to go, but do not know from whom. I do not know who was acting as his (Mr.
Murdock's) lawyer at the time. Do not know who brought that nitsssage to my lodgings. I went
there alone. I 'hink Mr. Kaulliack was with him when I went tlierc;. That is my signature to
that paper. I signed it myself. [Paper maiked R., G. T. S.] The writing in the body of that
paper is not in my hand-writing, nor do I know whose wiiting it is in. I know the usual beverage
indulged in by Mr. Murdock. It was Rye Whisky and water. He fre(|Uently produceil it, and
kept it in a cupboard in his room, (lenerally kept it in a bottle. I do not think he generally 3580
kept glas.ses in his cupboard. I do not remendier any special occasi(m when two or three were
present, that he did not produce it. (Objected to, (|uestion being a trap (juestion.)

Q. How often did you see Mr. Xlurdo ;k drink oithe occasion you went to witness the will ?
(Mr. Owen objects on the ground, 1st, that witness h.is not stated that he saw Mr. Murdock drink at
all on that occasion, and that the (juestion is a trap question ) A. 1 did not see him drink at all before
the execution of the will, but ho did afterwards in the evening. On the day that I witnessed the
will, I think he made some allusion to (Jharles Heamish It was to the effect, I think, that there was
some provision in the will for him. He did not mention that he had changed his views with regard
to him, nor did he speak of him as his friend 1 did'nt know that he had made any former will.
He volunteered the statements with regard to Mr. Charles Beamish when we were alone. Mr. Kuul- 35!i0

' . ■ ■ *■•
., It;. 'J

.!li I

. ,,i'^.

',*■

■ >;

*,:*■ .

' i

*.-«

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'. Mur<loek drink whisky and water while I was in the room. I won't
swear that he didn't, but I swear I didn't see biin do it, and didn't know of his doing it. I saw
him drink some time flnring the evening. He finished the execution of the Will aliont 7 or cS
in the evening. I can't say how shortly after that he drank. If I saw a man intoxicated,
couldn't attend to bis business ami spi-ak clearly, and couldn't walk straight, I should say he was SfilU)
under the influence of liquor. I never sn-T .Mi. Murdock in that condition. At the time I saw
Mr. Murdock after the tire, be was alone, (this was at Mr. (Jaetzes, about 10 or 1 1 a. in.) I don't
know what time he went home. I saw him join the group and go in the bouse, lint don't know
when he left. I didn't .see Mrs. Ft-vk with him as far as 1 recollect. She was not with him — lead-
ing him. He was not blind at this time. He bad not complained of it. I beard him when ho
was first complaining, but it was not then. 1 can't say whether or not be lunl been drinking that
.morning before ten (/clock. He certainly did not see him exhibit himself that morning before 10
o'clock under the intiueiice of licpior. I've never heard it. It was about 10 or 11 o'clock when I
heard Mr. Mur<hjck offer Mr. Kaulback the use of bis house. I certainly did not think he was under
the influence of liipior then, his judgment was perfectly clear and he knew what he was doing. .3040

Q. According to your definition, was he umh'r the influence of li(|Uor i (Objected to as
a trap cpiestion. Judge ilecides it is a proper question.) A. He was not, according to my ileHni-
tion. When he offered Mr. Kaulback the use of bis house, William Gaetz was presiMit. I believe
-Miss Gaetz was present, Mr. McKettee, and, I believe, there were two or three others. The words.

■"'It:'-]

' ■*

• ■■¥■-■

*•■ I

t>j* .'

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 <lays after execution oi Will ; cannot say how long, exactly. He was then as well
as usual, as far as I can remember. At the time of executi(m of Will he was well ; in as good a
state of health as usual. He was not in a miserable state of health. He was in a good state of
health. It may have been about three months after the execution of the Will that his .sight began
to fail. He complained to me about it. His sight was not bad when he made the Will, as far as
I can recollect. When I .saw him after the execution of the Will, lie was as well in mind and
body as at the time of the execution. I was speaking as to what he complained of to me. That 3080
letti>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

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,'<jf('Ht any answer to the last (juestion by the witness. 3710
That the witness stated on his direct examination that for the last five or six months of Mr. Mur-
dock's life be saw him onet' or twice a wecik on an averafje, and that previously to Mr. Kaulback's
fire he was most freinK-ntly in the habit of se('ini.f Mr. Murdock at Mr. Kaiilbak's house. Seldom
.saw bini anywhere else, but occasionally saw liini at bis own house pn^viously to that date (mean-
ing the (late of said fire, which happened about the 1st of August, 1(S7'>), 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

COURT OF WIIXS AND IMIOHATE,

LUNENBURO, SS.

In the matter of the /iron/ /« milinDi fortn of lom of the <illc(/c<1 hint Will tind Trstunienl of
lieavi'ish Munloclc, late of Liuinihurfj, in the Vountij aforesaid, liarrister-af-Lair, duccaiivd.

Tljo examination of (i('or<,fc Ross, of New lioss, in tin- County aforesaid, Es(|iiiri', taken
hefore nie, George T. Solomon, Ju(i;j;e of I'lohate of said County, this twelftii day of Aii^^nst, A. ]).
I.S7(!, wlio, beiny duly sworn, dtposeth and saith :

I reside at New Ross. J am a Justice of tlie Peace and liave Iteen for the last 2.') or 30
years and actinj,' in that cajiacity durinjf that time. [ was ac(|nainted with the late Reamish Mur- .*}7')()
flock decea.sed. 1 first formed his actiuaintance tlie latter eml of \>^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<S7:'>. 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<j;(! admits the fpiestion.

A. VWll, I found liis mental capacity very good.

Q. Ht)w was he physically. A. He was not veiy stronj,'. though he was able to walk out.
He walked out with Mr. Norwoo(l and I think Mr. Kaulhack.

After this time in Luneidiurg, 1 ne.xt saw Mr. Murdoek at my place at New Ro.s,s. He came
to my house on tht! ] (Sth of that same June. Was theie the l!»th and 2()th, and went away the
afternoon of 21st. Senator Kaulhack, Mrs. Kaulhack, some of their children, and Mr. Ivlwin
Kaulhack, accom])anied him to New Ross on that occasion. I saw him all tho time he was there.
Thei'o was a we(Min<.( at my house. It is a mile, oi' j)oihaps a few rods less, fVom my house to the
Church J was in conversation with Mr. Mnrdock at my house, but there wore others more in '5780
conveisation with him than I in my heariujf and presence. Rev. Mr. Moore, Rev. Mr. Kllis, and
Rev. Mr. Norwood, and Doctor Webster (from Keiitville) were there. Dr. Wolister was not theio
tho whole time— ho came the next day. I remember .some remarks made by Mr. Murdoek on that ,
occasion. Ho held arj,'uments with those <,'entienu'n there.

Q. What did ho display in those arguments.

Mr. Weatherbo objects that other witnesses than subscribing witnesses to this Will, can
vpeak only as to facts, and cannot give opinions, and on the ground of remoteness of time, and

•<,;•

* ■*

til

Sill

lor
Ml
<iiii
Ibu
hat
wit
thei

COR)

heei

he (

out

Mr.

to di

did I

hour

iihou

huus

right

I saw

was c

he un

durinj
also 11
don't
iiess.

other (
was thi
time I
always
Mr. Ki

alsn (in tlif j,'niuinl tliat tlic .IikI^t 1ms alifiuly ivscrvcil liis (i|iiiii(ii) on this (jiicst ion. 1 1 (inciilrar,
•SCO. ^-tO, paj,'t) .')<!+,) and nii thr ;;i()iiinl tliat tlic witness lias stateil no fact upon wliicli the .lnili,'t'
can form any opinion. '\~',H)

A. He <lisplay<'(l sense ; liy caiiyin;,' out liis ar;,'nnients witli tlic ','eiitlenian with whom he

waH tjvlkinj,'. lie was talkin;; to Mr. Noiw I, Mr. Kllis ami Mr. Moore. The two Mr. Kaiilhaek's

were there too. The siilijecjt was Theolo;,'y. Mr, Norwood and Mr. Kllis were opposed to Mr.
Mnrdock in the ar;;nnieiit. Mr. Moore didn't say much. Mr. Mnrdoek had as n^ood a pait of the
arj,'nment as they had, every hit.

(i. Did Mr. Murdock make a speech at this time, that is on the occasion of tho wedding' .'
Ohjectcd to as too remote ) A. He did.

CJf. How (lid he conduct himself in relation tliereto, f()l)jected to as too remote and only
mutter of opinion.; A, lie made a neat little speech and dnink to the hcsdth of the liiide. lie
proposed the health of the hride. lie did noi. walk to Church. (Mr. Weatheihe olijected to the ;J8U0
question on the ground that witness should have heen asked whether he went to (Jhurch and not whe-
ther he walked.) 'I'he day after the wedding he walked from my house to the lake, went up over
the lake in a hoat, and then walked to the Church, lie only went to ('hur< h once on Siniday. The
next time I saw Mr. Murdock alter his visit to New Uoss, was in nis own house, now occupied hy Mr.
Kaulhack. T'his was ahout the ^(}th or SiTth of Octoher. Mr. Norwood came to Lunenburg at the?
same time in his own waggon. Mr, Norwood and I went to Mr. .Miirdock's house together and found
Mr. Murdock there. The; Katdbacks were living there then. I saw Mr. Murdock l)oth in his par-
lor and in his study. 1 dined there the next day. When we put up our horses we went to Mr.
Murdock's in the evening, and dined there the next day as I have stated. On the day on which we
dined there Mr. Norwood aiul 1 went to the house in the forenoon. Murdock was home and we 3810
found him there, lie dined with us. I met Mr Murdock in the parlor and in the study also. I
had conversation with him on the day on which I dined with him and Mr. Norwood also conversed
with him that day in my presence and hearing. Mr. Kaulhack was there. Two gentlemen came;
there, one was Mr. Heamish and the other, I think, Mr. Tobin, from Halifax S(une one said here
comes Mr. Beamish, and Mr. Murdock said he did not want to see .Mr. Heamish, that he objected to
beeing him, that he (Mr. Heamish) was coming there for his own interest, .Mr, Kaulhack then said
he (Mr. Murdock) had better see Mr, Beamish. Mr. Murdock then went out into the study. 1 went
out and was introduced to those two gentlemen, and went out as they were conversing on business.
Mr, Norwood and I then took a walk down the hill. After the walk we returned to Mr. Murdock's
to dinner. After diiuier we took a walk in the garden and Mr. Murdock was showing us what he 3H20
did there. We renuiincd in the s,'arden with Mr. Murdock about one-half or thrce-cjuarteis of an
hour. We were talking about the garden and what had been done there, and what his plans were
about gardening. After that I went down town to attend to my own business. I went into the
house and was in the study before I went down town. I remained in the study no time at all, went
right in and came right out again. Mr. Murdock's dress on that, as well as upon all other occasions
I saw him was clean and comfortable, and very suitable for a man of his years. His hands and face
was clean and nice of course, as any gentleman ought to have heen.

During the time of my acquaintance and interviews with Mr, .Murdock, I never knew him to
be under the influence of or the worse for liquor.

Q. From your conversations and knowledge of Mr. Murdock in what state of mind was he 3830
during your visit the last part of October, 1875. (Objected on the ground of calling for an opinion,
also no sufficient facts to ground opinion.) (Judge reserves his opinion.) A. Sane, clear mind, I
don't recollect of his referring to Mr. Kaulhack at this time. He spoke of the children with kind-
ness. At that time he gave Mr. Norwood some books, and spoke about the books.

Q. Was he apparently as well at that time in October as when you saw him at New Ross and on
other occasions ? (Objected to as leading.) A. He was. The next time I saw Mr, Murdock after that
was the latter end of December, and that was the time I had reference to his being poorly, and was the last
lime I saw him. (Objected to.) I saw no change in his mind then. He was physically weaker, I
always heard Mr. Murdock speak in terms of friendship of Mr. Kaulback and his family. He spoke of
Mr. Kaulback as his friend the Senator, friendly of Mrs. Kaulback, and was very fond of the children, 3840

.iik* «

1|6i •

sn
vi

ti(
hi
in

suj
ol>

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

><Iicritl'

1)11 Itr |„

as otiic
Mr. No

lllUcll.

Q. How did you find Mr. Miirdotk in his \\v\vh wliPii in convcrsarion. {Objected to on
same grounds as before wlieie Judge reserved question). A. I always fou::.! h::r. the same in his
views, clear in his views, ('lear on the subject he was talking about.

Q. Was he decided in his views or easily persuaded ( (Mr. Wcatherbe objects to the ques-
tion, not only on the ground that the witness had no right to speak ofhis opinion, but must confine
liimsolf to facts, but also on the ground that the very opinion which ('ouusel wishes to extract is put
in the mouth of the witness. 'I'he Ji;dge rules the question out )

Q. When conveising with Mr. Murdock how did >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:<s he firm or easily led ? (Mr. \Veathcrl)e olijects tliat question calls for opinion and 3850
suggests the answer desin-d to he obtained in the very wcuds. Judge admits the (juestion 8ul)iect to
olijection.) A. He was firm. On the different occa (ions I saw .Mr. .Mur<lock I never knew Mr.
Kaulback in any way to endeavor to inHiUMice Mr. .Murdotk. I never knew hiui to unduly intiueuce
Mr. Murdock.

Cross-examined by Mr. Wcatherbe.

Q. When asked to describe the views of Mr Murdock before the word firm was suggested
to you, you described his views as "clear." Whv did you not add the word firm ! A. I thought
the word clear woidd answi-r the ])urpose. 1 could not tell liow many hours I s|)cut with Mr. Mur-
dock after the time he was at New lloss. When we came to Luneul>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

«l «

the Bay. He said two or tliivo times he wanted to <fo. He .said it three times — not more — to my
knowk'dffc. He said it in a mild tone (jf voice. As nearly as I can recoll'ct, tlie woiils he used
were that he wished to fjo to Malione Bay. Mr. Norwood i-xpre.s.sed a willin','ness to take him.
They wen- to stait in the afternoon sonii^ time. This conveisation was at diniU'r time, either jnst
hefore or after dinner. It was after we came in from the stroll. Mr. Murdock lii-st connneiiced
the conversation on the siiliject of ^oin<;, 1 think. Mr. Murdock said he wanted to yo, and Mr.
Norwoo<l .said lie would lie happy to take him. I do not know that Mr. Murdock knew Mr. Noi- .SHOO
wood's route lay in that directit)n. All this conversation was after the stroll. Mi'. Norwood and
I went into the house together, and left for the stroll to<j;ether. I am not sure Mr. Norwood ami I
wen; toj^ether all the time in the rocjui. J knew we went into the house tnuctli,)'. 1 was in the
sitting-room and in the study that morning before we went for the stroll. 1 think Mr. Norwood
(while I was talking to Mrs. Kaulhack) went into another room where Mr. Miirdook wa>. 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 <l(jn"t want to see him ;" and not "1 won't go to see him." I swear
that Mr. Murdock at t!iat time said he was " coming for or after his own inten-sts." I cannot be
mistaken about that. I did not hear any body else urge him to go and see .Mr. Deamish. He
said it in presence! of all those jiersoiis present, including Mr. Norwood. I never saw Mr.
Murdock out of Lunenburg, except on his visit to New Boss. T got ae(|uaiiited with him at 'MH)
Senator Kaiilback's house;. Tliey introduced me. October was the tiiNt time I was inside .Mur-
dock's house; then the Kauli>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<l was his will. He askeil Mr. Smith and me to sign it as witnesses,
and we ditl so. (Objecteil, not being evidence, ami no notice to pioiluce having been duly given.)
I introduced him to Mr. Smith, and immediately after he asked Mr. Smith to conu' in and witness .'5i>.'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<ire he made the speech.
He ilid not mentitin where he had iiiaile tlie will, nor did he mention a lady at New Ross whom he
had made a legatee. He told me nothing about tlu' contents of the will. I coiiM not tell what he
did with it ; think hi' put it in his pocket. Think he had an envelope to put it in. I think Mr.
Smith remained in tlie room afterwards. He did not, to my knowledge, sign any other paper
while i:t New Ross, which he saiil was another will or coilicil. He did not tell me tliat eitliei' in a
will or codicil, made at New Ro.ss, he had made a young lady there a legatee. 1 did not hear him
in June say anything aliout making a will. (Olijected, not being evidence, ami no notice
to produce having been duly given.) He did not, to my knowledge, make any jioetiy at .S!)40
New Ross. 1 know nothing about his poetry, f saw some poetry al)oiit his visit to New Ross ;
don't know who wrote it ; my son had it. He did not act rather childish and silly at any time at
New Ro.ss. I never said so, and could not say so. Mr. Mvudock never told nie that Mr. Kaiil-
back had entered up a judgment against him in violation of his word. When I spoke of seeing
Mr. Murdock two days, I meant two ditl'ereni times. I mostly staiil at Senator Kaulback's or the
Sheriff's on former visits to Lunoiburg, ami either at the Senator's or his fatlier's, the Sherilt'.

Re-examined by Mr. Owen.

I have been in the liabit of making wills and attending to the execution of them. (()\>-

\t¥€

* «»

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<l in the presence of each other.

Q, You stated in your cross-i-xamination that Mr. Murdock wanted to go to Mahone Bay
with Mr. Norwood, at the time Mr. Charles Beamish visited Lunenburg in the latter part of Octo-
ber, 187 •'>, which was after Mr. Munioek had on that occasion expressed dissatisfaction with Mr.
Beamish, did Mr. Murdock statu why he wishe<l to go to Mahone Bay, if so, what reason did ho
give. A. I didn't liear him give any particular reasons for going.
Swoin to at Lunenburg, in the County of Lunenbuig, |

the 12th day of August, 187G, before n\e, / GEORGE ROSS.

Geo. T. Solomon, Judge of Prolate.

3950

• *

''.-■ ■■'•,''>.i'<i

• <■

"y;'

COURT OF WILLS AND PROBATE.

3900

LUNENBURG, SS.

In the VKitfcr of the jnvof, in Holcvin foivn, of the alleged lad Will ami Ted(imfvt,of lieahtixh
Murdock, late of Lunenhiirg, in the Coiinti/ of Lunenburg, BarriHter-at-Law, deiunno'd.

The examination of William A. Gaetz, of Lunenburg, in the County aforesaid, mei-chant,
taken before me, George T. Solomon, Judge of Probate of .said County, this thirtieth day of August,
A. ])., liS7G, who, being didy sworn, deposeth and saith :

I am a resident of the Town of Lunenburg. I am about leaving the Pi evince. My business
has been that of a merchant in the West India and fishing business.

I was acquainted with the late Beamish Murdock. I made his accjuaintance the iirst day he
came to Lurenburg. I met him frequently from that time up to that of his decease. I have on 3970
those occasions K'en several times in conversation with him. He very often came down to my store.
We always talked about business affairs when ho went in the shop.

(Mr. McDonald objects to evidence of general conversations between witness ami deceased.)

He was often asking as to how the business was transaete<l. He'd want to know Avhat nturns
the vessels had brought back, and what the prospects. He'd talk about the hunber business, and
what he thouglit aliout that.

(Mr. MeDonald objects to ail conversation ol' Mr. Munlock.)

He appeared to have vitv good ideas of ditferent kinds nf busin<'ss, wliicli I approved of.
I used to like to hear him talk about those sort of things, and get information. I itincmlicr the tiiiie
of Mr. Kaulbaek's lire. It took i-liiee the 2!)tli Jidy, bSTo. After the fire, Mr. iviuilbiick and liis :W.SO
wife eaiue to our house ; whilf the tiic was going on, I tliink it was. Mr. Murdoek eaiiie to our house,
while the lire was going on an hour or so. He was there a little while, ami went away, and came
back aliout <S o'clock in the morning. He came to see Jlr. KauUiack's family.

(Mr. MeDonald objects to conversations of Mr. Murdoch, as being irrelevant to the issue.)

I met Mr. .Murdoch on the stoop at S o'clock, and invited him in the house, He came in with
me, and prevailed u]>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.

♦■'

l;iik* •■

* %;

i t

-,J! -V

if.--^

:i.if,

-.%S'

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 <j;o on M(jnday morning. I
difhi't hoar Mr. Kaulbaek make any re]ily. He asked them again, and insisted upon tlnan
going up to make it tlieir home. They tlieii went up tliere a few day.s after that. A few days
after Mrs. Kaull)ack had lieen up there, lie (Mr. Murdock) came down ami took tea with ns. He took
several meals with us while the Kaulliacks were at our house. He hreakfasted with us. Ho only
came there on account of Mr. Kaulhack lieing there. He came there to see Mr. KauDiaek ; ho had
never lioen at the lujuse hefore. I saw Mr. ^iurdock the night liefore ho died, at Mr. Kaidhack's 4000
house.

Qnrsf.loii. — From ahont the time you first met Mr. Murdock, a.s .stateil hy you, up to the time
you saw him, the ilay liefore he died, how diil he express him.solf to your knowledge, with re.spoct
to the Kaulhack's, and on what terms was he with them ?

Mr. McDonald olijects ; that the (piestion is too general, and would necessarily embrace an
answer illegal and irregular.

Judge rui(.',s (piestion out.

QacHtlua. — Have you heard Mr. Murdock refer to Mr. Kaulbaek ajul his family, if .so, in
what terms !

An>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?.'

•*;

iieiiiory

•' 'I.'

« «.:

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 <lan' say I
met him half a dozen times on the street after the Kaulhaeks moved there, ami our cun versa tiuu
was generally on the news, and hid the time (»f day. I had a conveisation with Munloek two or
three times in the .store, and on the street, between tin>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 +()<!()
several times. I was never through it. It is an ordinary cottage, one story and an attic. Tiiere
are two front rooms. It is a small hou.se, can't tell what number of rooms in it.

I thought Mr. Murdock was 80 years of age or mort-, by appearance. His talk and ctmver-
sations seemed to b'i not more than half that, from that I woidd not have taken him to be more
than forty. I went up on that evening befijre his death to bring my sister home. I found lu'r there.
Mr. Kaulback was at Ottawa, and Mrs. Kaulback was away. iVIy sister and Mr. KaulliacU's daugh-
ter, and little lK)y were there in the hou.se. As .soon as Mr. Murdock heard my voice, he calletl me
to come into his Ixjd-room. I didn't notice any change in him. He a])peare<l to be in his general
health, but he told me that he wa.sn't very well. The next thing I heard, he was dead. I w.is
shocked to hear of his death. That night that I saw him, (Mr. Murdock,) except from what he told 4()7()
me, he was, in my opinion, as sound in body and in mind, as at any time since I knew him. He may
not have been in body, but he was in mind.

QueKfion. — Do you undertake to .say that you are auKjre competent .judge of a man's mental
than of his bodily condition.

Ansirer. — No, I do not think I am.

I only judge y>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 y<w to go and you mu.st go
and make it your home." He didn't .say how long. F judged he meant for good.

(Mr. McDonalil objects to the last piirtion of the answer, as it is mere matter of ()})inion and HOO
not statement of fact.)

Re-examined by Mr. Owen: —

i' '■■■.'.--,' •

If I '

!'»'

'A- ,*■

■UC>m

WM-

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

(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<S74) ; or it may have Immii in .Maveli. The session was later than usual that year. Mrs.
Kaulbaek was tlu'U absent until some tiuu' in Jidy. During my alisenee I had reason to l)elieve
that lie had gone to Halifax. On my return home, in 1N74, 1 fomid Mr. Munloek had gone to
Halifax. I had n<it lieeii lu're long before Mr. Munloek came down from Halifax to Lmienburg.
He stated in etfi'ct his reasons for leaving Halifax.

Mr. Weatherbe objcets that eonversation is long anterior to the iiuestion in dispute, and too
remote; 2iid, that this eonversation is in 1.S74, and not adndssalile at all, because conveisations are
only adnu.ssable to show insanity. 4140

He stateil in general terms that the atmosphere or surroundings of Hcandsh's liouse was
not congenial to him. He felt paineil because he had left Luneid)iug, and con.stMpieiitly 1 did not
enquire into jmrticulars at that time, but lie told me subsequently.

(Mr. Weatherbe oijjects that this conversation raises a new issue.)
Mr. Murdock resided in Lunenburg from that time (fall of 1874) to the time of his decea.se, aliout

)•>

\hL

V^'

% "•

S't

■*'.

tliL' lOtli of Kfliiiiarv, lM7(i. I was nut lionic wlicn lie dinl. \ <i<>t n ti'liMiain at Ottawa, saving
III) waH ilcail. 1 was utti'iiiliii<r I'ailiaiiii-nt. (hi iiiv ri'liiin to liiiiiiiiliiii'L,', Im> ili'siinl to tnki' iipliiH
I'l'Hiili'iu'f at my lioiist'. He tnl<l nu' so. I pi rsiuiilcil liini, lliat licinn;, Mr. W'catlifilic nLjccts tt
(•(lUvt'r.Hatii)ii iM-twrcii witiicsH ami ilcciascd at tliis pciind, mi tlic ^iniiinh alii-udv stiifcd, niid lliat

witrn'ss IS makiii'' fvidtiici

»•..!•

himsi

If, 1

V ''iviiii' Ills own (•((iivciNatiuii.

fVlt

It'iin

1 ri'iiii'iiilKT twi) ((lijcctiiiiis I niisi'd : 1st, tliat lif liad Immii an nld 1 aclu'li

liidlf.' ii'Imits till' H'lt)

1 III'' tliiit Ik

iiiijjlit ni)t I'aro to (■•iiifiirm to tin- nili'M uf my liiiiisc. In tin- next place I said it was liciuatli my
lij(iiity to tako Iiim in as a IxiardtT or lodj,'cr, and that parties mi^flit say tliat I ;fot liitii there to

I a-;ked lile IF I coilld lilld

(Uie, am

-\\t\\ he ifot,

yet liis property. He conferred with me what was hest to lie li
a suiUihlt! liou.se for him, I mentioned to liim all the lioiises I knew that mi<;ht
among which were three or four of my own. After some weeks delay, and alter dispiitiii;,,' with
iiio almut the price, (1 think there was a dispute of a hinidied dollars hetwi en lis,; we divided the
(UHcrenft! iH'tween us, and he took tlie property, heiii;,' the liouse in wliicli lie dieil. He ;;ot it, titled
it, and got into it liefore the cold weatlier of aiitiimii I.S74. It wanted suiiie repairs lufnie if w;is 11(10
tit to live in. There was a large garden larger than ordinary in the town) attached to the preinisi-..
He lived in that house up to time of his decease. I lost my house hy lire mi the nioining nf ihe
2!>th 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

¥■">/

iif-A i-

«>. «

IMI

H' caliiiiiity was so j,'nat. 1 liavc Imt a coiifiiscil iilia of what, it was, luit i n-iiu'iiilKT Mr.

iiiif.

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

I canii' to thi'ir mrals at Mr. Murdock':

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

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 <ro across to the parlor, and said ti

Mrs. Kaulhack. " Mrs. I'eek, or .Mrs. j'ei'k aiil .Mi-- I'eck. mu-^( In- ilisuiisscd ; here's vour authoritv.

niandiiii'' the letter to .Mi

MuliiacK.

must 'JO out "f till' wav iiiilil she's ri'iii'ived." He nail

this letter to me hefori' lie (.I'lk it ovr t'l Mrs Kaulli.'U'k. I reiiiemlier ii'markiuj; to him that it
as not nij;ht, imposiii;,' thai duty on .Mis. Kaulhack. I jiersiste.l then on Mr. .Murdock's seeiii;r \\xs.

I eck With 111'
'llici

litli ri'ii'Jii'il to what shi

.1 alioilt the letti

r ami its havim,' h'-eii

tak

ell to a lawvers

I Letter dateil 12tli .Viiy'iist. |!S7-"), aii'l euvilopr ahove r.'l'i-rre'l to put in ami mark'-i •'1'."
'■(i. T. S.." liled and read.) Tiiat letter :s in Mr. Miird'ick's haml-writiiij,'. ami that is his sii.'iiatiin'.
I siiw him deliver it to .Mrs. Kaulhack. I w.iit o',:t in the kitchen with .Mr. .Munlnck and saw Mrs.
i'eck. I C'liildn't say in exact wonls, hut Mr. .Miii'lock said in siihstame, " I want voii now to tell 42.')0

nil-

rs.

what V'lii did with the letter I liiive voii to mail

Sill' aii>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-*

way ivft'iTfil to wliat ho told me Hist about tlic lawyer's otKee, I tliiiik). Slie didn't st(i!id i.> e<in-
veise, l)Ut muttered soiiietldiijf and Went away. She lieard l»im aildiess lur. filie ajip'-ared tliat
she didn't know wliat to say aliout it. She seemed to l)e perplexed. Appealed like a prisnn that
was guilty of doinj; a thini. and didn't know how to get rid ut" it. J think .second eonversatinn was
the morning of the following day. My .son t'harlcs wa.s present on one (»f those oeeasions Mr. 42<l()
Murdock spoke to her. Mr. Nlurdoek had partly made arrangements to go away, hut deeidtd that
ho'd remain now that she was to go and had to go. I came home that day ahoiit I.? iir I iMJnck.
Mr. Munlock said to me to go up-stairsand .see the old thing, or old woman, that she wa.s dead drunk
lying on tiie tloor up-stairs. I didn't go.

Qiir.'^f'Kin. — Hatl you seen her in that state at any time, — 1 mean into.xieated ?

Mr. VVeatheriic ohjects to the tpiestion as leading.

Mr. Weatherlie ohjects; not heing material to the issue, and on the grouml th.it no emit la-
diction or rehuttal should he allowed except on matters material to the i.ssue : — 1st, (ireeideaf, Sec.
401 and 402, and that the n>atter 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<lmits the evitlence.

Arisiirr. — Yes; I've .seen her in that state that she (ouldn't move. I saw her twice help-
lessly drunk, — once on the day she was lying in Mr. Murdock's room, on the ixd fali.)iit two o'eluek
in the afteinoon), in the autumn of |n74 faliout Deeemlier; a month or si>; 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<d a tiiinhler thiee-
ijuarters full and drank it, and said it was very u<iod. F tliiiik on ain'lhrr oecasifU. yot at my limise
soiiii- whiskey again ; I think in a small jug, I aceoin] iiuiiij him ami nlitvid hiui nf it in walking:
asked him if I coiililnt carry it hetter than lir eouM. I took it in the ho ise ; 1 enn't lememher
whether I gave it to .Mrs. Peek on that oc<a>-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(|U<ir:'
1 have more to say al'oiit it.j That Mrs. I'eek carried liipior from my hou>e 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

'«'.

* •

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<l.-. .Inly, Infore the fire. I know under what eondition M . "eck went to
Mr. Mur(h)ck's ho.ise. AN'hen Mrs. I'eik had been there a few days, I interested ni) ol*" in Mr.
Murdock's ^atlini,' I'onifortabiy located ihere, and to see lliat cverytiiing was rijjiit. 1 was then up
one evcnin;f with iiiin. Mrs. IVek was taikini,', snyinji what she was to pet, tiiat siie was to get
three dolhiis a month wages, and she said, " ain't I, .Mr. .Mur<h)('k." He atHrmed it, and said yes,
that was iier wages. (.Mr. Wealherl^e objeets to this ela.ss of cvi(h'nce, on t.ie grounds tliat it rai.^es 4rl20
still further ininuiterial issues wliicli it would be iinpossiijie to try here, and this, onp.atterseoneerning
wages, brought out entirely by the respondents, that the respondents should be confined to the matters
nt issue in the |R'tition.)

Judge admits the evidence.

I further say, on 'innther occasion, in presence of Mr. Murdoek, she said, " Mr. Murdock,
will you let in(> 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 <li<l he rtquire such attention during that time.

Aiisiiur. — I'd say that dining lliiit time I saw a great d il of Mr. .Murdock. I saw him more
than half the time go to lied himself, and undress him.^clf. As to dressing himself, I can't speak from
personal observation, except that 1 know that lie was aw.iy 'vith me at New Ross, during the tw(»
months, that he did not rcipiiie and did not receive any assistance to dress whilst there (some four or
five days), and a* home, I renicndier mic ni'irning early going up to his v. indow, rappii^g at his
window, calling to him and opening the window and told him I was going for a bathe, when he got W+O
up, dressetl himself and went with me, without any assistance, and wc walked to the back harl)our to
have tho bath, over a rough road, ami where there was no road it got to the bathing place, and there
he didn't require any assistance to undress oi to dre.>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<iO
bed. The fe\cr hiul then abated, and he was as calm and rational as on ordinary occasions. He
spoke aliout my going .-iway, and was sorry I was going ; that he'd miss me. That he hoped my going
lo Ottawa would be pleasant and profitable; said lied write to me. I can't reinemiier ; I sat with

1^' '

% <,

ti
\\

ill
ti

ta
of

C'i

«•;

qil
iiii]

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)<r to Ottawa on tliat occai^ion.
lie dill write me. lie at<i<ed me to let liim licar from me, and anytliiiiif piiljlic of importance com-
mnnieate. (Tiiifl waf in January or Fehninry, 'T-).) I rememlur also that he rej^rettcd very much
not hcinf^ ahlu to arc()in|mny nie. I came hack hom Ottawa in April or the early part of .May. I
found him very smart when 1 returned. The very evcninf; i returned, he wa.s down waiting to
receive me at my hoiiMe. Leavinj,' liim as 1 did, I remarked that I wax <>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 <lid so. .She had an envelope in one hand, and a note in the other. She said to me, "read that."
1 glanced at it, and asked her where she got it from. She told me that -Mr. .Miudock gave it to her
to nuiil, aiul she had opened it. I (lensured her for having opened that letter, and told her she bad
ilone a very wrong thing, ami sbi? begged me not ti> 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

:*»'-

]Ut

;'* •

'§'

.*'.'■■

v.-'

\ ,'

•»■

"* '.

■ p

• ■

«~;

•■

•

■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

* %

■ 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 ri<ini mo, to be returned in a lew days , \liieli iio tlid
frequently), ho always reliu'ned it within the time ho named. One of those aniount.s, I reunnilier
particidarly, heeausie it was hirj;er tlian n.sual, — it was fifty dollars, — wliicli he told me he'd lot me
have baek within ton days, whieh he did, and paid mo in his room. The other muim.s wore smaller,
none of thom cxooodiii',' twenty dollars, I think, — all which ho rptmnotl without mo reminding,' him
of it, at the time he named. I romombor of him borrowing,' a dollar from mo at Hriduowator, whi( h
he returned in a day or two, and reminded mc ot it. I hoM notes of hand ai;:iinst him for various
amounts; he on several oecasions spoke to me, and roinembcied the amounts, (all this was between 44,S()
the time he oaine baek in summer of 1H74, up to the time of his death. ) I roinemlx'r moie than that,
he stated to me the cxaet amounts due him in Halifax on mortrra<(os. Ho told mo what his property
realized in Halifax ; how it was invested, (this was all from the time he enme ba<*k u|) to the time of
his death.) Tohl mc he was very anxious (the day after ho made his last will), to have a settlement
with Mr. Beamish; that there was a thousan*) dollars in th(< bank, deposited in .Mr. noiimishes' name,
and that ho had nothin<; except the integrity of lloamish to show for it. Told mo sold his property
in Halifax, (wharf property owned jointly between himself, (vharlcs Beamish and .Mr. Aikon.s) ; that
after payinj; expenses and claims on it, $.")2,()(>0 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)

.-P-

1.0

I.I

1.25

IM 111^

j 5

- Ilia

'■ !IIM

»i 4

IIIW
U IIIIII.6

Photographic

Sciences

Corporation

33 WEST MAIN STREET

WEBSTER, NY. 14580

(716) 872-4503

i.^-'

j^M,

* «

-iW;«

£■.'*■ '* ^

,v«>.' i

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*.

(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, <m the 21st 4().S0
August, 1>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

'^^

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<S7.i, were committed to writing, jneparatory to Mr. 4700
Ross writing out said will, agreeably to Mr. Murdock's instructions, — have you those written
instructions (

Anfitccr. — No, I have not got them. I dont know wliether there were any written out; my
impression is, that I merely told Mr. Ross what Mr. Murdock's instructions were, and that he wrote
tliem in.

Court resumed at 2 P. M. LSth August, 187G.

The will executed by Mr. Murdock (as he told me) at New Ross, and which was defaced by
tire, and also that of 21st August, executed in presence of Mr. Ellis and Mr. Ro.ss, were destroyed
by Mr. Murdock in my presence. The latter was destroyed alnnit the first of Novendjer. Mr.
Murdock made the will of 21st August, because the other was destroyed liy fire, and tlie chemicals 4710
in my safe. He asked me to get it, and it was opened, and in ojjening it —

Mr. Weatherbe objects to the contents of any of these wills, (jn the ground of irrelevancy,
and of tlie will of the 21st August, in addition, on the ground that they haven't sufhciently account-
ed for the writing or the draft.

Judge admits the evidence.

It adhered together and got torn, and was greatly oliliterated. Then he reipiested me to get
Mr. Ros.s in my ofHc.^ to recopy it, leaving out the lieipiest to Mrs. Peck, and the clause —

Mr. Weatherbe claims the right to ask whether these instructions were reduced to writing ;
and Mr. Weatherbe asks :

Qiu'ntiov. — Were those instructions from which Mr. Ross framed th(; alteration in the will of 4720
the 21st August, reduced to writuig either in yours or ^Ir. Murdock's hand-writing?

Answer. — My strong impression and belief is that there was no writing at all, that —

Mr. Weatherlie here objects to the witness being allowed to eva<le the (|uestion," whether the
instructions were in writing," liy detailing the verbal instructions received by Mr. Murdock, and he
.so objected after the portion of the answer above given was minuted, and before the evidence of
those ver])al instructions was minuted, and requeste<l the Judge not to minute the same, or allow
the witness to continue evidence of those instructions till his cross-examination on this subject is
completed; otherwise he will abandon it.

The Judge allows the witness to finish his answer.

Mr. Kaulback continues :— That Mr. Murdock directed me to ask Mr. Ross to copy that will 47.S0
(the "New Ross will), leaving out the beipiest to Mrs. Peck, and inserting a clause directiiig that
my,self and family should have the use of the house and grounds, either for three years or for a
period not exceeding three years.

Qufii^tion. — Did ycKi give these instructions to Mr. Ross as received by you from Mr.
Murdock ?

Mr. Weatherbe objects, on the groun<ls that witness hasn't shown that they were not in

► -i"

.- ■>

•if'

»'

i't

•* «

e
o
t(

I
c:

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 <m the t'nvelojie, oidy tlie date was then tlie 21st. He asked me where I'd jmt it. I
said 1 thought I'd jjut it in the Slicriirs sal'e until 1 got a new one. He told me it was his last will 4700
and testament. A day (^r twcj afterwards he asked me for it, to get it, that he thought there was a
mistake or omission in it. (1 wouldn't be paid to give the exact words ho used, but I can give the
substance of it). He stated Avhat he believed the omission was, " that ho had failed t(j direct tlie
sale of the real estati' in which we were living, to ])ay the legacies ; and if that was not corrected,
it would go to the lu'irs. 1 brought the will foi- him from the Sheriff's safe, enclosed in this enve-
lope, marked "J." " (). T. S." Hi" or 1 opened it in his ))resence by his directions, and he discovered
that he Avas correct as to tlio mistake or onussion, that tliero was nothing in it with respect of tlio
sale of the real estate. He read it Inmself. He tlien directeil nie to take the will (of the 21st) to
Mr. Ro.ss, to make another will, or re-copy this, and insert a clause directing tlie sale of the real estate,
which 1 did in accordance with his instructions. Mr. Ross then wrote this here will marked '"R.," 4770
" G. T. S.," dated 27tli August, ],S7-"). It was an exact copy of the will of 21st August, with the
excejition of the following addition, "and that the siid real estate bo .sold, snbject to such right of
occupation as aforesaid, together witli all other my real estate, and the proceeds thereof applied
towards payment of the legacies herein mentioned." Which will of August 21st, destroyed by Mr.
Murdock about the 1st of Novendur, is exactly the same as this will of 27th August w;ith th(>
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<l been torn open
before and put on, and then .Mi'. .Miiiiliiek sealed it and made the date 21 tlie 27tli.

I don't know what he did with tlie will of the 21st. I have an impression about it, but 47^0
don't like to speak as I'm not positivi' as to what he did with it on the 27th of August. I saw^ it
again about the first part of Novemlier, in his possession. There was then some erasures or altera-
tions in it. They Avere made after the 27tli of August, but I don't knoAV when I saw him destroy
it about the first part of ^<ovember.. He tore it up. The first remendirance I have Avith regard to
it after the 27th August (that is of the Avill executed on the 21st of August) Avas about the first of
November. Mr. Mnrdock had it then lying on his table, in his library, Avith erasures ami altera-
tions, and he disked me to copy it. Tlujse interlineations and erasures were in his own hand Avriting.
I folloAvod exactly the paper as altered and amended. I sat doAvn at a desk an<l Mr. Murdock at a
table alongside, Avhen 1 copied it. He added to it verbally Avliich I folloAved A-erbatim as he gave
it to me. In several parts of it he stojijied me and a<ldeil to it, I Avriting down his Avords. He had 47*J0
a piece of paper attached to it, the will of 2ist, Avitli some alterations on it, the Avriting on which

.,■•>

■ t»

Iv.

* t

V
1:

a
It
u

f >"

]■(

fr
l>i
In
ill

111
ill
tl.
f(.
pa
to

p M. mm

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<lay eveniiiL;, and he didn't care to come. I then told him Mr. Murdock had reipiested that he
^liould come U]) that evening,', and he then went up with me. When we >,'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<fro,ss. 1 heard Mr. Soloiuon read to Mr. Murdock some parts he had taken
down. I heard Mr. Murdock as.scnt to what had been written ; that Avas only a portion at the tim((.
] think I was in and out once or twice; 1 was in the parlour, went throui,di the library into the
kitclicn and returned throuii;h the library into the parlour. I heard him read it to Mr. Mtu'dock after
it was all written. 1 heard Mr. Murdock recpiest that he wanted to make his will that ni^ht, 4S2n
wanted to finish and execute it. Mr. Solomon was then drafting,' from that paper or will he luul
before him (the paper that 1 wrote). Mr. Mui'dock made one or two su,i,'i,festions I'm sure of
to Mr. Solomon, in aildition to pvim,' him the draft from which he was to cojiy. Mr. Solomon
and Mr. Murdock came over in the parlour where I was sitting;'. The will was not executed that
ni^'ht. I heard Mr. Mui'dock say to Mr. Soh^mon, be sure you cuffross it to-morrow and brini,' it
u]) for execution. We all sat together in the parhmr for some time, may have been an hour, had
j:;eneral conversation and vocal ami instrumental music. Mrs. Kaulback ])layed on the piano, I
think. I heard Mr. Murdock say to Mr. Solomon when he left, ask him what time it would be
convenient for him to be up in the moVninsT to have it executed. 1 can't say what Mr. Solomon's
reply was. The foUowini,' morning I saw the paper from which Mr. Solomon copied on Mr. +S.SO
Murdock's table in his library. I .saw it had been altered.

(Mr. Weatherbe now calls for the production of the draft of the will sworn .by .Mr.
Solomon, one of the attesting witnes.ses to be in the handwriting of M)'. Kaulback under notice
to produce.)

Ml'. Owen states that the paper written by Mr. Kaulback about 1st of Novend)er, and
from which Mr. Solon)on copied on the Sunday evening referred to, was sub-seipiently destroyeil
by Mr. Murdock, as the witness stated he was going on to prove, and the paper written tln'refrom
by Mr. Solomon at tlie request of Mr. Murdock on the Sunday evening referred to has been
already filed.

I state that I was going to mention what became of the paper when Mr. Weatherbe 4.'SM)
interrupted me. The i)aper I wrote I .saw lying cm ^^r. Murdock's table in his library with
amendments and alterations in the handwriting of Mr. Murdock, made by Mr. Murdock, an<l 1
think one alteration was in the handwriting of my daughter Edna. One alteration was in the
following words, " on her j^ersonal imlividual receipt in writing." Mr. Murdock then took that
paper on which tlie alterations were an<l tore it up about !) o'clock in the morning before I went
to my office, on the Monday of and previous to the execution of the will. Then he requested i.ie

T *'

I'^"

■ • r

it- ■ i

/ "

:'■"*•

V.'

t -

■>.^

,* •

<> .'

:i :'■

•t.

^* ,*.,•

■:<*■*,

\
\

tl
ft
s

oi
\\
AV

wl
th;
ua
l.in

ml
He
mei
my

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, 4<SG0
time after (it may have l)cen twenty minutes or half an hoin-) I was called that Mr. Murdock
wanted to .see me. I went in and into the room ; Mr. Wentzid, Mr. Solomon and Mr. Murdock
were in the loom. Mr. Murdock said that was his will, and asked me to take care of it. (It was
the will ill (|uestion in tin cnvclinn' sealed up, Avhich is proved in solemn form.) He said that
was last will, and rerjuested me to take cart^ of it. I think .some jicrson called mu ami 1 left
the room, having remained in the room ahout ilvc minutes, and heinjr in j^'eneral conversation with
Mr. Weiit/el, Mr. Solomon and .Mr. Murdock. I left and tiiok the will with me, and left Mr.
Solomon, Mr. Weiitzell and Mr. Muidock there.

I had not .seen Mr. Wentzel tluit day previous to tho execution of tlu' will or suhse((uently
on that day. 4.S70

Qaeslidi). — Were vou instrumental in any way in Mr. Wentzel's f,'oini,' up to witness the
will ?

Anxirn: — I was not instrumental in either Mr, Sohjuioii or Mr. Went/el going up as
witnes,ses.

Qaextiiin. — Had yoti anything to do, either directly or imlirectly, in selecting the wit-
ne.s.ses ?

Ani^ii'ci: — No, I had not, unless it may he that I asked ^Ir. Solomon on the Sunday evening
to go up to Mr. Miu'iloek's at Mr. Murdock's re(piest. Hut 1 never, at any time, suggested to Mr.
Munhjck Avhat witnesses lie should have to any will.

Court a<ljourned Friday, IMth August, to Wednesday. 2;3rd August.

• V-

Court resumed 23rd August, 1 .S70.

4.S80

From the time Mr. ilurdock came to Lunenburg, up to the time of his decease nearly, when I
went to Ottawa, I Mas in the habit of holding very frequent conversations with him almost every day,
when he was not away, — on most every subject — religion, politics, law, history, and general subjt.'Cts —
that would suggest them.selves by current events in the newspapers, and on walks and drives. There
was always a freshness and vigor in his conversation. I may say that, in all my conversations with
him, I derived information.

Question. — How long did that continue from the time of your first meeting him in
Lunenburg ?

Ansiner. — U|) to within about ten days of his death, when I left for Ottawa. I would gene-
rally consult him with regard to questions of law arising in my practice, up to the time of my lire.
He would frequently make up Briefs for me ; sometimes they were in writing ; sometimes from
memoranda from books. He would sometimes have tho places marked in books. All such papers and
my law papers were all lost in my fire. I don't know of any papers of importance being saved.

Question. — Did you consult him after the fire V if not, why not?

Answer. — After the fire, my business was very much deranged and broken up. I could not

4Sf)0

M'.

* « .

'^5'*.

do much business, and I had no law library of my own to refer to, it having been destroyed by fire.
But he frequently niiidc valuable suggestions to nic as regards oases I had in hand, and that I remember,
up to the Inst of December, ISTT).

Question. —State anything further you may desire on any subject, with respect to your conver-
sations with him? 4!(()()

Answer. — He took a very lively iiitercst in events occurring in every part of tiie world, and
all telegrams, foreign telegrams, in the newspapers, we would generally discuss. We did not agree on
every subject ; many political subjects we differed on.

Objected to as irrelevant.

We differed on many subjects of a political and public character. We always discussed
them logically and clearly. (I mean Mr. Murdock did). I rememl)er the la.st evening I saw him
in this world. I had a conversation with him. It was Saturday evening. The papers came ni
as usual, and we talked over the news. I remember three subjects, and they were suggested by
what was seen in the papers. It was in roference to England's possession.s in the Kast, and Eng-
land's proposed purchase of a portion of tlie Suez (^anal. He thought it a wise policy in England 4!>1()
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

.«•»

> •

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 ,■ "

U .'

^■^■c

:?i V

-??*.■'»!. .' '!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 <leath, or the time I last saw him. She had 1 eeii away
to boarding .school, and in consequence of our fire, was ol)liged to remain at home, and Mr. Mur-
dock was very anxious for her to keep up her French and Geruian. Mr. Murdoek ))layed tlu' Hute
and piano some. He continued playing thefiute and piano up to tin- time we, Mrs. Kauliiack and
I parted from him. (When I went to Ottawa in January last, and Mrs. Kaulback went with me as
far as St. John'.s). He played chess with me up to the first part of January last. \V(> 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..

> :■■■

1 1^ !if

1 tv

«•♦,

1)1, «

• ' i

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<lock stated he owed none and went on telling me how long he owned the property ho had pos- 5080
sessed in Lunenburg, and what taxes he had p.iid on it. I remember he |).irticularly mentioned that
the last nion(!y he paid in Lunenburg was taxes on his property before he left for Halifax. He asked
ine what 1 would do if I wei'e in his place. And I advised him and told him I thought it was very
wi-ong that the tax was improperly imposed. I said it wm rather annoying, but it was'nt very large
and he had better jiay it rather than have any trouble about it. He said he would'nt pay it till he got
some further information upon it. That he would see Mr. Owon, the clerk of the peace, to see
whether he was properly assessed in the books. FJe subsequently told me that he had seen Mr.
Owen, and in substance that Mr. Owen argued it was hard or wrong, but he had better pay it with-
out any troul)le. He told me he had paid it. I know Thomas Myrer who gave evidence in this
matter. " 5090

Q. Mr. Myrer, in his evidence, stated that he called at Mr. .NLirdock's for the payment of
an order from Mrs. Metzler when be (Mr Murdock) said he did not know about the order and stated
that you said to Mr. Murdock, " have not you handed it all over to me, what have you got to pay,
" \ou are an old, childish man, and if Mrs Metzler wants anything let her come to me." State
what you know with regard to the matter or conversation referred to by Mr. Myrer? A. At the
<lay referred to Mr. Myrer met me in the street on my way to Mr. Muidock's, and asked me if Mr.
Murdock was home, he had an order on him "from Mrs. Metzler." He nunitioned the amount, I
forget exactly what, fifty odd dollars I think. (Mr. Weatherbe objects to all evidence with regard to
the amount of the order mentioned by Myrer as being irrelevent and not the subject matter of con-
tradiction and on this ground that the order itself should be produced or accounted for.) (The Judge 5100
receives the evidence iubject to the above objection.) I told him the matter was entirely in my
hands, that Mr. Murdock had handed it over to me, and that I had written to Mrs. Metzler, and I
further told him that under the circumstances he should not interfere, should mind his own business.
He said Mr. Murdock should pay his grog scores as well as anybody else. (Mr. Weatherbe objects
to conversation with Myrer.) (Judge admits it.) He then became impudent, and I left him shortly
after. I heard him in the room with Mr. Murdock. I went in. He had an order on Mr. Murdock
from Mrs. Metzler for fifty-four dollars and sixty cents, being the amount IMrs. Metzler claimed by a
bill rendered. Mr. Murdock replied that he had nothing to do with it, that he had handed it over
to me to do as I considered right. He mentioned me as the attorney at the time. I then let Mr.
Myrer understand that he should go about his business, that it would not be paid. I state that all 5110

0':

^.r :1!

m,
u

■»,'

,|,3,

N -''* ■

■ 1,

<
1

■■"'■•f

•

W-,

"♦*"

Hl^

;v'i' '1

ffip<

'li

iPr

nW'*'

Hwm'.

ImH-'

;m|P^

, <*

; ' ■ r ; »

4 *

>-!r>-^!.;-'

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. .Mur<lock was then confined to the
hou.se for a couple of day.s. 1 remember Mr. Murdock going to the closet and getting out two bot-
tles, .sheny and whisky, and oli'ering it to Mr. Outrani. Mr. Outram t(i(>k 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

,-. ^;

. 1 I "a*

Mi "

|::f

' . \ - *

'** '' "

■ * «.

;

,'■<' '»

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 <i\' l{ye Whiskey which
I ordered immediately at his directions from Canada, which I charged him with, and I tliiiik a hiisket 5190
of champagne which I think hv exi)ressly ordered.

Q. Who supplied ''e house witli provisions after that? fOhjected lo as irrelevcnt ) A.
Myself, at my expense. We supplied the house with cooking utensils, and all tilings necessary for
consumption, and all things necessary to he snp|)lied .dier Mrs. I'erk left. I mention, in order to
make my evidence quite consistent, that I know of .Mr. Muidock geiting some few articles from
Scott, the grocer, of Halifax, after we were tliere. It was purely at, his own instance and desire, at
his own special desire to get it himself.

Q What were Mr, Murdock's haliits with respect to drinking from the time you moved into
liis house in August, 1875, up to the time of his decease, or u]) to the time of your last seeing him.
A. I cannot reineinher ever seeing him under the infiuenctt of iicpior during that time. Ih^ would 5!'00
generally, when diinking. take what might he called a third of a glass, about two or three table-
spoonsful, and then would genendiy fill up the tumbler about two-thirds fidl of water, luid upon ,\n
average those drinks would Insl him for hours befoic he did fini>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 ■ ?

■

.^lr-7.

'»■"«'■

■f

•f

■<

"^.■^i,

■i.*t*;

.< }■

10ft

)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<lock ever mislidd anything while I was there. I always
saw him observe Sunday as people g<'ner.illy do His conduct on Sunday was generally dillcrent from
any other. Mclore we went up then? to live he used to spend Sunday at my house, generally camo
there to dinner on Sundays. When he camii down of a Sunday morning, he woidd stay till about
J» or 10 o'clock in the evening. He was in the habit of going to church twice or three times a
month, I suppose, and would sit in my pew or go with us It is not correct that ** Mr, Murdock
never lelt his hous(! to visit mine unless sent for," as Mrs. I'eck stated. I know of no s]iccial invita-
tion having been given him except when we had something sp(!cial, a sj^cial dinnei' |)arty, a luncheon,
or some other special entertainment. A place was alwajs reserved at the table for him, and he was
expected to be there at tea especially.

(i. Ucfrriiici' has been niaile to .Mr. .Murdock 's visit to New Ross about tin- end of June ;
do you icincinlicr any particular eonversation of .Mr. .Murdock'.s on the way to New Ross; if so,
.state what it was :• A. The ;,nentcr jjait of the way to Ncnv Ross he drove himself, an<l the conver-
sation, as a ''ciicral thin'', was on thiii<'s that suo'trestcd tlienisclvis by the way. 'J' hen lie siioke
about Ills iirst visit to thf county, and how he wa.s impressed with the a|ipeai'ance of the country,
esjtccially ill tin.' neij,diborhood of La Have River and the town of Luncnbur^j;. He spoke of the
many ailvanta;,'i's it posses.scd f)vcr other counties. It was his idea then how much he would like
to make it his residence, either at La Have Rivi-r <tr in the ' ivn of Luiienlmr^'. He spok(> 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 ha<l the liest of the argument. I remeniljer Mr. Beamish being at Mr. Murilock's in
December. Mr. Beamish came there. The first I saw of him was of a Sunday morning ; must
have been the 12th. It was arranged tlien that there should l»e a settlement between Mr. Mur-
dock and Mr. Beamish the following day. They agreed upim the hour. I think it was ten o'clock
the foUowing day. Mr. Beamish was to come up. He did so at that time Munilay (the I.Sth
l.)eceniber). I know the date from the accounts. I left them in the library together ; they were
then going into their Imsiness arrangements. I went to my office and came back aliout one o'clock. .5270
They said they had finished talking over all their business matters. They were sitting togethei' in
the library. There was an assignment to Beamish of some property of Buiton's lying on the

.')2.->0

.■■)2r)0

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 ha<l been busily engaged all aftei-noon adjusting matteis. These papers
(marked " V 1, (}. T. S," anil " V 2, (J. T. K " tilecl and i)ut in evidence and read) are duplicates.
I could not tell who.se han<l-writin>f 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. Mur<locli, !?+.()(). Then Mr. Murdoch said there were some telegrams i)nssed In;- 5.S00
tweeii th(jm, which he re(iuesti;d to be j)ut down •')() ciMits, making in all 812.00, which Mr. .Mur-
dock reipie.sted me to deduct from the 81(i:{.40. Then Mr. Munlock askeil Mr. Beamish, "Now,
(Jliarles, havi; you any other charges against me, or do you know of any?" Mr. lieamish said "No,
he ha<l none, nor did Ik; know of any," and at Mr. Murdock's re(|Uest I wrote in the paper, '• .Mi\
Beamish having no other charges against Mr. Munloch," and dated the paper — Luuenl)urg, KUh
Dec, 1<S7.) — which Mr. Murdock took with the other pa))ers or statements referred to (marked "VI,
G. T. S." and "V 2, G. T. S.") Mr. Munlock. at noon of that day, wlien T came up to the house,
specially charged me that at their final settlemeiiL 1 should f^k Mr. Beamish the (jUestion which
Mr. Murdoch asked himself. (Mr. Owen tenders the paper last referred to by Mr. Kaulliaek,
dateil Lunenburg l.'JtIi Dec, 1S7-'), made by him at tlu; re<|Uestatid dictation of Mr. .Murdock, in the .").'JIO
))res(!nce of Mr. Beamish at that date, and wishes it to be iea<l and received in evid(>nce. The
Judge rules this paper out.) I state that I did not see this pa]ier again until .'<ome time in May,
when it was found by myself and my co-executor among Mr. .Murdock's ])apers. Mr. -Mur-
dock's mind was then on that occasion in December, .s(mn<l and clear, as it always was. (Ob-
jected to as matter of opinion.) He had a tlion)ugh kiiowled^'e of his business. He men-
tioned on that occasion what tin; property realized in ifalifax. Soin. 'thing over S.")."},-
000.00 and that after paying some expenses there remained some .':*.")2.000.00. I remember he
mentioned that his share was a seventh and a fourteenth. He then showc^d of that money S.S.OOO
was put in the bank — 87000 in Ins own and $1000 in Mr. Beaiuish's name. The latter as an iii-
ilemnity for some alleged outstanding claim. The ditlereiice between his share of tln' proceeds of iy'MO
the real estate and the .^SOOO deposited, Mr. .Munlock explained to nu! in the presence of .Mr.
Beamish how it was appropriated, and all was closed up and a s[)ecifie sum mentioned as being
what Mr. Murdock was worth, and Mr. Beamish said it was correct. I think there was .some com-
pany came in that evening, and .Mr. Beamish remained and spent the evening with us. Mr. Mur-
dock was in the room that evening, joining in the eiitertainmeut, and iijion retiring made his prayer
as usual. I remember his s.aying that evening tiiat it was a relief to him that things wen; now all
tinally settled and mad.e right. \\r had some trouble about— he felt anxious ])revious to that about

% *

.'"!. !*■

■''.■

ar
M

III

sil

biv

SL'I
\VI

(li.

11()(

iii.a
Ik-
Mr.

a V:
tiiri
froi
froi
was

AVOl-

that

IKltU

(lay,

was

neve

was 1

to tli

iiddn

nothi

(lersti

for gi

(lid 1

me.

niisur

to bol

at nv

and \

by Ml

me at

ji'cts t

piiichi

He wa

that hi

to take

siiid no

party t

I woul

Murdo

■ ► {

]nl

U^-.

an amount of ^1000 wliicli Mr. Boaniish liad in tlu' liank to liis own civclit, but wliicli I)l'1(>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

5360

5370

5380

\ -H

« r

ii.

14 •

1' ■

1-'"

[

->■

*^-

^- -.yi

• ' ' <?'.

lOS

a letter from ^Ir. Murdock (the letters destroyed but not making that offor, hut asking me what I
would give for the property. I then replied stating what Mr. lieanii.sh had told me in Halifax.
Several letters passed between us on the suhjcct. Mr. Mm dock repudiated the offer and laughed it
to s(;orn. (I did not make an offer, merely told liini what Mr. Heamisli had said.) I then told him
that if he did wait till I came home I would guaiantee his getting all the pay for the projierty we had
purchased from him. Before I returned he had sold it for cash for the price for whicli he had pur-
chased from me. I did not see Mr. Murdock until his return to Lunenhurg in the latter i)art, Sum-
mer of 1874, when he informed me at once that he had come back to make it his ])crmanent abode,
and vaguely intimated the reasons for his coming l)aek, but did not g.i into particulars. " There 531)0
was no congeniidity." 1 think he said the suriounding were not congeui.d. I made no intpiiiy and
did not search for any information on the subject, and he gave me none. But I thought from that
time, that I observed from Mr. Alurdock's numncr a different feeling towards Mr. Beamish. (I'aper
marked " W 2, (i. T. S " being an address to his Honor (ieorgo Archibald, Lieutenant Governor of
Nova Scotia, put in evidence filrd and read.} This j)apor is in the hand writing of Mr. Murdock,
with the exception of the interlineations and erasures which are all mine with the excei)tion of one,
and that one is in Mr. Murdoch's writing. Mr. Muidock came to my oflice the latter end of Jidy,
1875, in refeience to an expected visit of the Governor of the Brovince to tiiis town, lie seemed an-
noyed that the Governor was not going to visit this town, he heard he was going to pass by, and no
j)reparation made to receive him. 1 told him it w as not my fault that there had been no communication 5400
with me on the sid)ject. That was a ])ai t of the duty of the I.egit'lative Councillor and the mvmbeis.
In substance he said vou know nofhin" has been done and nothinsj m ill hv. done. He then sugtiested and
urged me to get him in town. He heard he was then at Biidgewater on his way to Halifax. Mr. ^lur-
<l>)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-

> ' ,

ir'

'■'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 1<S72,
audit continued until his death, not abating anything. If anything he got more feeble in his walk.

Q. From your knowledgde of Mr. Murtlock, as previously stated by you, was tlu're any
change in his mind from the time you first met him in Lunenburg in 1872, up to the date of your
last seeing him in 187<i. ? (Mr. Weatheibe objects on the ground before taken with regard to
opinion.) A. I believe there was none

f *■

I believe his miml was as strong and as

vigorous and he

. i».V.

* «

,'■. **■

aT'"'.

.;^.

:'*6,»-,

was as clear in his inemory at the time I loft in January last as he was when I fii-st saw him hei'o 5490
in 1872, and hail been so (linin<,' that perioil, except at the temporary illness he hail in December
last (between the loth and 20tli Dec, about) and in the February preceilinj,' that (when he waa
laid up with a broken rib), and at those times Ids intellect only appeared ent'eel)led for a day or so.
Tile first time, in February, 1S7.'), he had a hif,di fever, when he thouj;,dit his clothes were gllosts or
people, and in Decembei' it appeared to be more the reverse, prostration it appeareil to be.

Q. With the e.Kception of those occasions in Februaiy and Deci'udier just referred to, what
was the state of his mind from 1.S72 to I,S7() ? (Objected to.) A. He had a soun<l, clear intel-
lect, memory fresh and retentive, ca])al)le of transacting' any business in his line and knowledj^'e of
business. 1 have never known him at any time that he was not capable of doiny business or
niakiny a will. 1 do not know of any jierson here to whom I would refei oi' have moiv defer- '>500
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, an<l he lianded it to me, and had conversation with Iiim. Then, in the
evening of that day, he gave me directions with regard to the draft of tlie will that was written
by Mr. Solomon-; wanted me to make it a perfect co[)y by putting his name and the names of the
witnesses. Wlien I saw and had conversation with him that evitning, he was, as usual, bright and
smart in intellect. (Mr. Owen places paper " A," already proved and tiled, in the hands of the
witness, and asks him if that is the draft or copy made by Mr. Solomon, to which ho had referred.
Mr. Weatherbe objects, on tlu' ground that tliere is no contention or dispute as to the identity of
tliis paper, and it is now placed in the hamls of the witness for the pur}iose of his giving testi- 5520
mony from the paper, which should l)e given witliout and not foi- the purpose of ideiititication.)
A. That is the paper to which I refi'ired, to whicli Mr. ^[urdocli asked me to put his name, as he
had executed it, and the names of the witnesses, -which I did, as they appear on it. That was the
iiKJining of th(! day that it was engrossed by Mr. Solomon. Mr. Murdock asked me to bring up
the draft, and I did st) in tin,' evening.

Q. Was Mr. Murdock of sound, disposing mind and memory, and capable of making a Will
and of understanding the nature of the biisinoss in which he was engaged on the occasions referred
to in November last. (Mr. Weatherbe objects on ground of (piestion calling for opinion.) Judge
admits the question.) A. Yes, I have not the slightest doubt of it, I would as soon doubt my own
powers of disposing of my property as to doubt his powers of mind. 5530

Q. Did you in any way, either directly or indirectly, attempt to influence Mr. Murdock with
respect to the deposition of his property ? A. I did not.

Q. Did you in any way, either directly or indirectly, influence Mr. JIurdock with respect to
the deposition of his property. A. I never did anything with such a motive, or caused or directed
anything to be done with such a motive. Mr. Murdock's friendship with myself and family appeared
to be altogether voluntary, thei. was no effort made by myself nor do I know of any effort having
been made to get even the kind feelings or sympathies of Mr. Murdock toward us, but our house was
open to him to come and go as he thought proper, and from his first coming there, appeared to be a
mutual liking for each other's company and society. I knew of no person more highly entertaining
and instructive than Mr. Murdock. I believe both myself and family received very valuable infor- 5540
niation from him. lie took a deep interest in the children's education always. He always mani-
fested a desire to help them, and did help them in their learning. The children generally would apply
to him if they wanted any information in connection with their lessons, and that from the time he

J<i ■•»

i u

i-'.-: <

% *

Ill

first came there up to his dcceaso. Mr. Murdock j^nvc mo liis gold watch, named in his la-it will. A
day or two previous to my going to Ottawa he liiiidcd it to nic and I put it on. I put it in my
pocket in his presence and I took it with me.

(Voss-cxaniincd l.y Mr. Wcathcrhc, An;,', 'idth, 12.10, A. M.

1 was ac(iuiiinted with Mr. Mnrduck for '2'.\ or 24 yrars, first hcciinic actinaintcil with him in
Halifax. I never was in his house in Halifax that F rfini'nihcr. I think I have ini'thiniat social
entertainments in Halifax, hut I have no recollections where. I am not aware of i>fini,'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<lock for ahout douhle what you jiaiil for it .shortly previous f (Mr. Owen ohjeets that
question is irrelevant and not pertinent to the is.sue.)

Judge admits the rjuestion.

Anmver. — I pureha.sed the property for something over nine hundreil dollars on speculation.
I informed Mr. Murdock what I purchased it for. I sold it to him within a year for sixteen
hundred dcdlars ; and ahout another year, after Mr. Murdock purchased it, he sold the pro]Mity
for ca.sh, for the same money he pail I mo for it. He made no imi)ri)vemeuts to the house or .").">()()
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.

,.. » '►.,

i' ":

'4^ y

:'l:,

r»*

2.**

Li* , ' ■ —

Ill

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'-

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 confinc<l him to
the house from the time 1 went to reside there with him (in .'uly\ until his Hecemher siikncss.

QiirstiiDi. — Which was the m;>st 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'

^»<\-^

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 ten<lered in evidence.)

Mr. Owen objects, on the ground of irrelevancy, remoteness and not evidence or properly
proven; and also on the ground that, if cvidi'iice, they formed a part of petitioner's original ca.se,
and cannot now be ten<lered or received in evidence.

The Judge admits the letti-rs in evidence.

Mr. Murdock was in the house where he died, on the 30th of Decendier, 1.S74. He was not .')7.')()
Rurt'ering .so that he could not write on the .SOth J)ecend>er, 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

■

iS »' *

fi*

N>.

.1 '»

,t, J*

' t, '<(

«.'.-^

S?i^»

iilV'' t

115

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<!
was very well and strong when he made the will on ir)th November; mind clear. When I went
away to Ottawa in winter of 1875, I left Mr. Rlurdock in bed witli his lib broken. I'm not
aware there was a party at my hou.se the night Mr. Murdock In-oke his rib. I won't swear
positively I found out the next day after he broke his rib. But I .say he coidd not have been
invalided a day when I was home without my knowing. He did not tell me the secret of how-
he broke his rib until about six months after he broke it.

Question. — When you first went to see him after he broke his rili, <lid you ask him liow
he broke it ? .■■)7.S0

Ansiver. — I cannot swear that I asked him. I mean to say that I might have gone* up
to Mr. Murdock's bed in January without asking him how he broke his rib. I may have asked
the doctor or nurse, or somebody else. I don't remember asking anybody, but its likely I did
make inquiries of some one.

Question. — Did you ever get any infoi'uiation from any .source wlmtever, as to the cause
of Mr. Murdock breaking his libs, from January down to July, when he gave it to you as a secret,
and if so, what impression was left on your mind ?

Mr. Owen objects, on the ground that it is asking for hearsay evidence, and that its calling
for impressions of the witness.

Judge rules question out. 57!J0

I have no recollection of any information from Mr. Murdock, except at tlu; time alhuU'd
to. It astonished me very much what Mrs. Peck said in her evidence with regard to it. The old
man told me that he was in the act of taking off his trousers, and ,she stumbled against him. I
don't know whether there was any lamp or not. He did not tell me slie did it on puipose. I
remember that from the way he communicated it to me, that I inferred Mrs. Peck was drunk
when .she stumbled against him. He referred to the quantity of liqtior used by Mrs. Peek. Ho
spoke at that time of making some change in the government of his house; that he fomid that
there was too much money spent. (Ho told me this at the very time he .sjioke of her stundiliug
against him.)

That he discovered that money he gave her to purchase things for the lK)Use was Jiot 5.S00
appropriated in that way, ajid that he had reason to believe the articles came from my house. He
spoke about Mi.ss Peck coming there for a I'efuge for some two or three wer'ks until she —

Mr. Weatherbe objects to witness going into what he did not ask him.

I think that the claim of Mrs. Metzler for li(iuors against Murdock covered from May to July
inclusive, but am not positive. I transacted that business for b'm. I don't know of any other iti'iu
but liquor in Mrs. Metzler's bill. Mr. Murdock put the matter in my hands as a friend, and I aetcil
as his attorney in that matter. He paid me no costs. Mr. James Johnston, Q. C, assisted me as
coun.sel in this matter on the trial in Court, owing to my lieing oliliged to give evidence. I don't
think he had a fee. Mi'. Johnston was .staying with my family in Mr. Murdock's house.

Question. — What room did Mr. Johnston occupy in the house ? 5.SI0

Objected to as irrelevant.

Ansicer. — He slept up .stairs, what part I don't know; don't remend)er being up there
then. There is a bedroom at the north gable end, and the other is one open room.

Question. — How many rooms are there up stairs ?

An.'iwer. — I mentioned what rooms there were up stairs ; I would call them two rooms.

Question — Is there any more room up stairs, than as described in Mr. Murdock's letter
of 10th January, 1<S75, in which he says, " Tliere is a large room for Mrs. Peck, and space enough
to hold all trunks."

j^n.snvy.— There is a room double bediled, plastered at the north end up stairs, outside of

laHi;

«f^|-; ' • mil.

'••^^?i^-. ■

H kT-'.

, "V>'-.

5S>

\ •* > ■•

j-n^,'

■. •■-■' N

' ■♦.*«,

f ^.

ik;

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.) ')<S30

Judge admits the evidence.

Ansivei: — Let me explain. I saw Mr. Murdock on the day that he said he went to pay
that bill, going to Mrs. Mtitzler's. It was a bill for thirty dollars, made out for thirty dollars ; he
had it in his hand, (this was after I went to live at the house). A day or two afterwards a bill
came to his house for S")4.G0. He was suprised, — saiil it was a mistake, that he had just paid his
bill. He then went for the receipt and fouml it was a receipt on account. He was annoyed, and
said he had paid all that was <lemanded of him ; that he considered it excessive, but passed it
over. He also said that wl.en he paid Mi's. Metzler he reminded her of one or two bottles got
subsequent to the bill, ami asked her, at her leisure, to just let him know what it was ; and that
was all he owed he said for those one or two bottles. He said at once he woidd not pay it, it was .")S40
a piece of imposition and wrong. I think I told him that he ought to have looked at the receipt
he got, and he said he should have done so, but he ctmsidered that it was all right. I remember
lie attributed it at the time that probably it was a made up thing Ijetween Mrs. Peck and Mrs.
Metzler.

Question. — You have evaded answering the ([uestion I put to you by referring to matters
not at all suggestetl by any ([uestion. I ask ycju was the receipt on account for thirty dollars ?

Ansii'c)'. — I answered it in my answi-r to the last question, when I said Mr. Murdock found
it so.

Qaetifion. — Did you, as his attorney in that affair, find it so, and was it so ?

AvHU'er. — Mr. Mmxlock found it so, and handed it to me and I saw it was .so. 5(S.')0

Quest iov. — Did you swear on that trial that you had supplied Mr. Murdock with two
gallons of whiskey a week, or words to that effect ?

Answer. — No ; I could not have sworn that. I explained fully in my direct examination
all with regard to it. That Mr. Murdock or in his name received about two gallons of licpior
every week or ten days, from about Miiy to nearly the end of July, 1875. That Mrs. Peck,
to my knowledge and belief, carried the best portion of the litjuor up to the house herself.

Question}. — Have you in your last answer stated what your evidence was on the trial of
suit Metzler vs. Murdock ?

Answer. — No ; I did not give the exact words of my evidence on the trial, for I could not
remember what my words were, btit I fully remember the facts and circumstances of the case. 5800

Question. — I ask you if what Mr. George A. Ross swore that you gave evidence to in that
trial, which I now read to you, is true ?

An.'^u'er. — I cannot .swear it is true, as I do not remember particidarly exactly what I did
swear, but as I .said on my direct examination Mr. Ross's evidence on that jrioint is not inconsistent
with the facts.

Question. — I read you the.se words from Mr. Joseph Creighton's testimony of your evidence
on that trial : "Mr. Kaulback in his statement said that he had been supplying Mr. Murdock with
a couple of gallons of liquor every week," — is that substantially true ?

Avsirer. — No ; I say that that is only a portion of Mr. Creighton's testimony, and is not
consistent with the facts of the liquor supplied, and therefore I could not have said it. 5870

Question. — I read you these words from Mr. Thomas Curll's testimony of your evi<lence on
that trial: "I heard Mr. Kaulback say in his evidence that he supplied Mr. Murdock with a
couple of gallons of whiskey weekly ; " and I ask you if that part of his evidence is substantially
true ?

*■■!

■SP:<

It'.S

117

Avsircr. — Mr. CurH's ovidoiioo on that jiuint is at vaiianco witli tlic fvidfiicc <,'iviii liy Mr.
IIdsh, wlio tlcpoMfd a.s to wliat I .saiil ; and as I already said Mr. I'lnH's tvidi'nci' is not consistent
witli the facts, whilst Mr. Ross's can he rec't)nciled.

Question.— 1 ask you a<,'ain if that part of Mr. Curll's testimony is true or not f

Austrcf. — I already stated tliat it is not consistent with Mr. Ross's or with my evidenie,
nor with the facts and circumstances of tlu> 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.'<tion. — ^What others ?

Answer. — Well, I believe my son saw her take the jug from my house in July, when I
remonstrated with her, and I complained of tlu; (piantity of liquor going up to the house. I think
the jug was tilled before .she came for it. I don't know who tilled it on that ticcasion, but 1 always
or generally went to the wine cellar my.self.

|i*f.f '.'■ ,-

j?s,v-. 1,1- ;■> , ,
jikf"'' '■ i>

. ' " ' t'.

•'>'

. J-

^J-''

i- : -:

\>l^

, ., • -

•■Vt '

.-1.

II., . *-

•>c

, *■ «.

».•». i

118

Qiii'ntiiDi. — How loiij,' nt'ter you iviiioiiNtmU'tl ahoiit till- tjuantity of lii|U()r taken (li<l yon ."i!>a()
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 entere<l liere in the Castoni House. It
came in the jiroper wny ; I ordered direct fiom 'J'oronto. I jiresume tlie invoice was to me. I
did not mean to sny in my direct exandnation that I arranj,'ed after I went to live with Mr,
Murdock that I was to repay myself for this li(|uor out of a cask I was to order for Mr. Murdock.

QtiCKtIo}). — Did you say, (m your direct exandnation, that after you went to live with
Murdock- you arran<,'ed with him in return for the litpior supplied by you, a cask was to he pro-
cured at Ids cost for the house, or words to that efleet ! .')!).")()

AiiHivi'i: — ^No. What I reinendier is this: That in arranj,dnf,' with him as to the costs and
expenses of liousekeepiiiLT, about a week after my family wi-nt to live with Inm, that he referred
to the licpiors he had got from me and at my house, and wouM not consent to my .supplying the
liipior f(ir the liouse, and we compi'omise<l or came to an luiderstanding, I consenting that he
sh(juld get a cask of whiskey, or I get it for him at his cost, I supplying all other liquors.

Question. — What arrangement did you niake with Mr. Murdock previous to May to supply
lum with liquor after that ?

(Mr. Owen objects on the ground that witness has not prcvioasly stated there was such an
arrangement maile previous to Ahiy.)

(Mr. Weatherbe moves the Court to prevent Mr. Owen suggesting to the witness.) .j'JOO

Qit('ntii>n. — 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

.«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

id for it. I don't reniemher wliellier Mr. .Mmdo

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

lere

may

have lieen two, Imt I don't leinemlier.

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.)

<l (|0 so.

The Judi,'e permits witness to jfo, hut will not direct him t
Qin'xtlou.^iyid you not just now state on the stand, that yon wonhl not Se iKniml to pro-
duce those papers under a sulipo'iia (liiirfi fvi'tnn I

A iiKii'ci: — Ni>, 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><ii'('i: — Two; one after the lire and one previous to the lire; jirohalily in the month of
May or June, from which I was to recoup. 1 did not send for one that never caiiu^ or came after
his death. I did not order any at Scott's, in Halifax, when I was on my way to Ottawa. I think
1 have the note which includes the li([uor got after the lire. 1 cannot give the amount.

Qtiextio)). — ("an you inform the ("ourt in the morning of the amount <

Aiisirer. — I don't know in which note it is included (service of notice to jirodiice marked
No. 15, (!. T. S., proved and tiled). I have no accounts (jf anything previous to the tire. I have
no niemoramla ot accotuits sulLsecpiently to the tire of ^Ir. ^Iiirdock's. There is an um; suh.se-
([uent to the tire which I believe to contain the cask of rye whiskey, which I got hy his orders,
and a basket of champagne. I'rolialily you got the information from ^Ir. Ross, who was .serving
in my ottice at the time.

Mr. Weatherlie objects to this evidence as evading the (piesticin.

Question. — I have not asked you for the information you are now giving, as you must well

(;02()

(;o:}i)

'*■

%H''

■^9

.*•.

3 .r

V^-S^f

■4*'

d^i^

120

*♦.

know that I ain asking you to produce a nieinoranduni or account made by you of charges against G040
the deceased, inclutling rye whiskey, for Avliicli you took a pi'oniissory note from the deceased
after the tire, and for whicli you liave been served witli a notice to produce on the 9th day of
August last; will you now be kind enough to produce those papers ?

Mr. Owen objects f>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<jlil him and repeated it that I have no accovnits or papers relative to
rye Avhiskey or any li([Uors since the fire. That the note of hand which includes the whiskey (JO.jO
and champagne was mad(! up in my office on a piece of paper, simply setting down the article
and the price, and no accounts were kept. •

Qaesfion. — I put in your hand the notice to produce and ask you if your answer applies to
th(! third paragraph of that notice ?

Mr. Owen objects on tin.' ground that it is a trap (piestion, as witness has already stated
that theie were not any accoiuits or entries of rye whiskey or other liquors either previously to or
subsequently to the fire.

Answer. — This third paragra[th of the notice to produce asks for original entries of whiskey
or other licjuor in the lifetime of deceased from the month of April, 1«7'), and particularly a
memoranda made by myself in August or September last, including liquors for which I took a (iOGO
note of hand ; and 1 say as I said liefore that up to the time of my fire all jtapers and accounts and
memoranda Avitli Mr. Murdoek or anybody else were destroyed, and that I did not know of any
papers or accounts previous wliieli contained any charge for li(|Uor against Mr. Murdoek That
subsequent to the fire I have half a dozen times re]ilied by telling Mr. Weatherbe that I have no
accounts and never made an account against Mr. Murdoek containing li(pior. That 1 believe 1
hold a note of liaml wliieli includes the price of a casl< of rye and perhaps a basket of chanqiagne,
made about August or Seijtcmbcr last, but that no account was made out. Mr. Murdoek came to
my office, and in the presence of Mr. Ross, then serving in my otlice, 1 lielieve signed a m^ite, the
amount being fov a cask (jf whiskey and perliaps a iiasket of champagne. It may be some few
other articles and cash ])aid out for Mr. Murdoek. The articles and the prices were simply (i070
enumerated on a piece of ]iaper, ilr. Murdoek assenting to their lieing correct. Mr. Ross, I
think, looked over the addition, and witnessing the note. I'm not sure he witnessed the note,
but I think he did.

Quest i(»i. — What became of that memorandum ; you've failed to inform us on the most
important point, in fact the only point ?

Avsurr. — I say again that I did answer this last question repeatedly. I was aske<l this
question this morning, ami this afternoon I told Mr. Weatherbe it was destroyed.

QtU'stioii. — Mr. Kaulback, on the contrary ; I've Ijcen more than an hour endeavoring to
find out frou) you, and you haven't toM me yet who destroyed it. and when it was destroyed.

Mr. Owen objects to the form of (piestion, on the ground that Mr. Weatherbe has not (lO.SO
recently asked the Avitness, before putting this last (piestion, as to who destroyed the memorandum
referred to.

Ansirrr. — It was destroyed then and there. I can't ri'mendjer wlu) tore it up; but it was not
a paper made or intended to be kept. I believe it was in pencil. I swear it was not folde<l uj)
by me and jtut away, and afterwards examined by me. I know this, that I believe there were
s(jme V(juchers, (I think the bill of the rye and some (^tlier accounts or vouchers for money paid),
which were taken away by Mr. Murdoek. I can give you no idea as to the amount of that
note. I have some under a hundred and some over a Imndred. I can't say whether it was nearer
<me hundred than eight hundred, because I hav(^ several notes of hand, taken at different times,
from Mr. Murdoek. The full amount of th"m is, 1 think, about a thousand dollars. They were (iOOO
for accounts paid, monies advanced ; possibly it may be for some real estati' which he last bought,
and for which, I thiidc, he did not pay in full. I cannot recollect how those notes were madi; up
at all now. I have too many notes of hand to reuieudier any particular note. I have a general
idea of what the notes were for, but cannot i)articularize at present.

■ ,(

> A I

•■■'J"

K":'

«^

; t

!■(
I'

ii. ■ i

121

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 unscorche<l and unscathed from the tire ?

Avftwcr. — I cannot answer you. 8ome notes of his were saved from tlie fire. From the (illO
way the notes came out of my safe, and opened hy my student, Mr. IJtoss, and otiiers, it is imjjos-
sihle for me to say whether all my notes were saved. I hail no memoranda of my noti's of hand
to refer to, and therefore cannot say whether all the notes I had against Mr. Murdock were saved;
hut what were saved were partially defaced or damaged from the eirt'cts of the tire and water.

Qn(;i<(l(jii. — Now, Mr. Kaulhack, I ask you if any of those iKjtes you held of the deceaseil
Murdock are scorched or defaced, or injured hy the fire or water, and as you can produce them
fnjm your otlice iuunediately, I cagain heg of you to proiluce them now, as you have the Judge's
permission, and exhihit them in Court.

Mr. Owen ohjects to the (juestion and re(piests, on the grounds of irrelevance, and that no
notice to proiluce has heeii served. (J120

Judge admits the question.

J/).s*'V'/'. — I state that the notes I now hold from Mr. Murdock. I cannot from memory
,say if any of them are from hefore the tire or not. If any of them are from l)efore the lire, tliey
will have traces more or less of damage, as I do not rememlit>r 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''

fin •

• >^ i,

.'11

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 <!o what's rii^lit in the matter. I talked to him several times fiiyO
about it, and he acquiesced in putting in the pKa.s. I did not have to persuade hiui to put in the
pleas. Probably, he suggested the i)leas. I cannot speak positively as to whether pleas would
have been put in, if it had not boon for me, but I think there would have been.

Question. — Did not Mr. Murdock say to Mr. Myrcr, when he went to collect that bill,
»' Whatever the Senator says, I'll agree to ?

Aiisver. — lie handed it over to me, and said it was all in my hands, my last answer is
consistent with that.

Question.— I read to you from Mr. Myrer's evidence, " Mr. Murdock said he did not know
about the order." I asked the old man to pay it. Mr. Murdock looked at the Senator, and said,
" Whatever the Senator says, I'll do?" <5'200

Ansioer. — I don't believe he made use of these wordi. I could not have addressed Mr.
iMurdock in these words, " You're an old childish man," because it would not have been true.

■■'':\
■"■d

if'

fir

w; It ■

2 ' i- S

-4. .'

I't

.>• . it"

H .'

; *'

■\ i

* ", f

f "*■•

«, '.

12:]

rifi'

Qiifstion, — YoTi cay ynii ooiild not h.ivt; used the words. I ask vou, did yoii ii.«(' the words

-I did not

I did not,

}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 .

..,, ,

,'. ■ .'•

fC^V

J'..

>..!

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

.<' *

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?

i
M

ivy
, ■■■. .1*11

i- :■■:'■

:'♦'•.;:■■'■

..J' ■ .

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 <lirec| examination that
or 14 days in the hou.^e with us. .My imiiressiun is that I diil not s.iy so.
a week or ten days.

Que,slii>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 se<ing anuliing in her hands. I believe she had nothing in her (! 100
hands; she was not in a (it state to eairy anything safely.

Question. — On what other oceasiDii during the period that you were living in the house with
.Mrs. Peek do you lefer to wlicn she was under the influc'nce of liipior ?

Answer. — She was under the influence of li(juor on the occasion that Mr. .Murdock was
going with me to the kitchen. He went there to (lupiire about that letter ol' .Miss (Crowe's, which
.Mrs. Peek has said she had taken to a lawyer'." oflice (^I mean as .Mrs. Peek informed Mr. Murdock
and as .Mr. .Murdock told me. .Vs .Mrs, Peck never told me and I never heurd her say she had
taken the letter to a lawyer's oflice. On that occasion 1 found her under the intluenee of lifpior.
Coming home one day, in the middle of the day, Mr. .Muidock told me on my coming home from
my ofHce that the old woman was dead drunk up stairs, and that I should go up and see her or look (1110
at her. I did not go.

Mr. Weatherbe objects to this evidence as evading the question ; request the Judge to
compel the witness to (online his answers to the q\iestions put.

(>uestion. — 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 '.

I'n.

> I

hv .ii"

«►,'>!

. * «..

.'•■*'■■•

.3, ;

V. (.V

. ■* ' ' '■

* - • * *

■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>*<i in that (>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<l. I smelt the
fumes of liquor on her. I don't know that I put down s.iy head to smell her breath, it was not

^'■i

4-;*.

■T''

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.

(^//('.'<//((((.--^''/ill you swear that on e\i ly neeasinii when you diaiik in .Miinlnek's presence
that you lookeil at his tumbler to see liow nnieh be drank :*

^/(.s/c*'c.- -N'o, I did not look to >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. .Nlurd<iek's sight was
on the .SOib of August, after the will was madi . He eould always sic 1 cannot say that I ever
.saw him that be coidd not see to read, but sometimes with great ciitiicidty. I have never known
bini to say that he coidil not re.id at all. (I.")IO

(Jiiistiiiii. — Could Mr. .Muidoek, d')\\ u to the time that you left for Ottawa, in .January
bS7<i, see to read to some exteut '

vlii.""', /•."-! lielieve that the liirger pTtioii of that time be could see to read fairly wed.
< In some days be wnuld eomjilain of his sight ln'iug very bad. very poor, but except the time in
Decendier wln'ii be wjis sick. I do not believe there was a time that his sight was so impaired
that be couldn't read ;it ;ill.

Qiii'sHiiii. — Was be Hot in such a condition at the end of .August. IS7."i, that he could see
to read no more :*

Aiisirrr. — I ilo not undei-stand whether the question means whether be could not read at
all on that ilay, or wbetli(r it means that from that day forward he coidd read no luore ; for if (!.'i20
the latter, 1 can say that I have seen and beard bim read, and seen him write and read writing
I'reipiently after tli.it.

(,*/'(. >7 /■( 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, an<l he had known persons similarly affected, and he didn't expect to recover.
That liooks had stated scfme isolated ca.ses, but he believed their cure was more a matter of accident,
than the .skill of their physician.

Question. — Does the description f>f 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 dea<lly fit of illness worse
than he had ever felt in all his life, during the month of November, as described by the
Imnd of your daughter Edna correspond with the fact, as you were awaie of it at tlie time '.

Avsin'i: — I have not .seen that di>cument, 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 <lay. Ini not aware of
his doctor being called, neither did I see any occasion for the call of a doctor. F think, if
my memory serves me, 1 lu'ard him complain to fix- doctor of the effect of the disturlmuce
of his, and of the annoyance which he had been suiijected to, and I thiidv he asked the doc-
tor to give him some opiate, or something to (piiet his nerves. (I.'t70

QiD'.'ifiot). — Do you state that in any sense' of the word, the caust- (»f any sickness or uneasi-
ness he liad in November was attributable to the visit of Charli's Heainish pn'viously f

Aiisiri't: — I .say yes, certainly. Yes. Mr. Murdoek t-omplained bitterly of the conduct i>\'
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<ft Halifax
and his relations to setik ijuiet an<l comfort, and Miat when he had foiuid it, and was hapiiy, that
he came down with no other motive than to tjy to alien.ite him fiom me and my family. TIi;it
he had nothing to bring him ilown here, lnit to effect that oliject, to alienate him frum me, and
to get at his pro|)erty. He told Mr, Beamish plainly in my presence, that his visit was disaeieeable

ii^

»'*

.■»•.;

jw-'K

>.,•%■

.(*-*

♦"?

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 <lau;,'liter ?

Ansim: — I say that I have Iwen asked this by the i|iie.stioner several times in various G.>!)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<h)ck's house during,' the month of
November. I think I saw liiiii <j;o to be<l every ni^dit in November.

Question. — Were vou not aware that this letter (No. 2, (J. T. S., 29th Nov..) was written
and mailed.

Auxun: — I certainly was not aware that that letter was written and mailed before last (iOOO
April or May, as I knew iK.thin;,' about Mr. M urdoek's correspondence from my daujjhter. I never
knew anything,' of it from my daughter, neither did Mr. Murdock tell me. If 1 have .seen a copy
of that letter, it was since Apiil or May last, since my return. 'J'he same dauj^hter that wrote
that letter just referred to, made the interlineations in her own hand-writin;,', in the coj)V of tlu;
draft of Mr. Murdock's will, in November. The watch that was left me in the Novemlier will,
Mr. Murdock j,'av(! nie absolutely as my own property, fsubse(|iiently to the makiii<^ of tin* will,)
three or four days before 1 left home for I'arliameiit, in January liS7(>, 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 menti<ined to me what it cost, but I really f<>r;;(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 d<jn't remember seein<f him read any writinj,' in j)eiicil. I iK'lieve that after
the date of that letter he c(mlil see to reail sometimes in tl"; eveninj,', after Au^nist, as well as 1
could myself.

Qorstion. — Did ever any one else, in your presence, .see him read a book aloud after Moth
Auj^ust ^

Ansirri: — I cannot recall to mind of any person, in my presence, .seeinj,' Mr. Murdock read (JOMO
a iKjok, but I have sei<n him after that read letters which he <,'ot by mail.

Qnesfioii. — Did any jierson else, in your presence, see Mr. Murdock read a nianu.script after
August, and if so, state who !

Answer. — I believe that some members of my family and others, must have seen

«^i

J. T

.1;, •■

5 u 1 .r

.4;

■!■*

131

liini n>a(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
<li.stinct voice askin;,', dose to Liu- witness, for Mr. Solomon's evidence, an<l after lieinj,' remonstrated
with Ity C'oiMisel, repeatini,' his rei|nest for Mr. Solomon's evidence. Mr. Solomon liein^r one of
the witnesses to the will of l.'tli Nevender, and Mi: \\\'atherlie contending that Mr. ( )wen's
remark was a sn;L,';;cstion to the witness, tlwit e\ idence luis alreaily lien <;iven, either hy Mi'.
Solomon or W'eiit/.i'l (the other witnes.sy, tliat the ^\ill was read I y Mr. Murdock. (Mr. Owen
states tliat he | Mr. Owen] asked tlie Jud^'c ftr Mr. Solonuii's evidence, and tliat lie reiteratetl
the (|iiestion to tlie Jiid^'e, and tliat the witness has stated iiinler oath, that .-aid request made hy
Mr. Owen to tlie .lMd;,'e, was not ovei heard liy him and did not in any wny sn^<;est the answer.)

1 have seen Mr. Mmdock nad the (haft of the will (n tlic <!ay of its (xec utioii,
in No\endier. J helieve th.-it Mr. ^\'< ntxel and ^Ir.Soh n;(.n saw him rtnd the will wIk ii e.\e( iitcd
in N()V'.'mlicr, as when 1 entered the n ( m ^Ir. Miikm ck had die will in his hand ojk n, and from
my n'm 'mhrance at the time, 1 eli( ve he had just fihoiit (nished icndiii;^' the will. I ha\e seen
him read the diaft tif that « ill the early ]art of Noxcnd cr,— the di;d't from which I cojiied. J
state tha.. I received no supt;i',stion from Mi. Owen ; that 1 ilid not hear him ii'fer to anv evidence
of Mr. Kohmion. That I think J heard him ask the Jiid<;e for Mr. Mnnlock's wifl, which, I
lielit've, was hefore the last (|iiestion was jmt to i;ie. 1 did not consider it intended as a suij;.;es-
tion, and 1 .say it did not sM;,%'est anythiii;' to mc.

U. A. ^'. KATLr-AC K.

Sworn to at liiiiienlniry, in the County of I.iiik idnirL;. this ;{()t]i day of August, A. D.,
I.S7(i, liefore me,

GEOlUil": T. SOLOMON,.//'./,/^ „/ i'mliulr.

,fli^r ."..1

(U>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., lH7<i, who, V)einj,' duly sworn, deposeth and saitli :

I renieniher when Mr. Kaulhack's tire took place ahout 2!>th 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 leaviii<i-. Mrs. Kaiilhiick sent for me to come and do some washin;,' for her. I saw Mrs.
I'eck there oil that occasion. She was drunk. I could tell liy her ways ami actions that she was
drunk. She was stajfirtriii;^' ah'iut thr kitchen. Sich (jueer talk she used t(» have and she t-(aild
Hot cook the dinner that day. I know, heeause 1 h;id to ciiok it.

(Vo.sH-cxamined Ijy Mr. McDonald.

I am liviuir as a servant in Mr. Kaulhack's house, have heeii theiv for the last four months.

•^1

p*l'

'MH

.»i:

i..i*'-.*.

*<».•

■M

ji'r-i

L-f

li
III

tc
ill
111
ia
M
Ik
si(
wl
on
\\(

IKJ

til
Ml
fa(

i;»2

T know Ada Pcltit, tin' Inst witnoss. Slic was nut tlu'ic tliat I'ny. I Iwnl lu'cn at, tin- Iiuiihc lio-

ftm- that (lay. I wa.s tluTc oocasioiially wurkiiii,' IVdmi tlic tiiiic .Mrs, Kaiillnuk inoviil in till I'cttit

cainr. Two ilayn, I tliiiik. That wan the only lime J saw Mrs. I'cck the woisc nf li(nii>i'. 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}<in'isl<r-i(l-l.ini\ tlrciii.-^iil.

Thu oxaniination of Charh's W. H. II. Kaulhack, of Linicnbnrj,', in tin- Comity afonsaid,
^fcntlcuian, taken liffoiv mr, Ocoit,'!' T. Sdlmnon, l']s(|uir(', .hitlLjf f)f I'roliatc of said ( 'onnty, this
thiiticth day of Aii^jiist. A. I). l.S7(i,who, licinn duly sworn, di']Misctli and saith

lam si'Vcntcfii v<'ai's old. I am a son of Siiuilor Kanlliack

1 knew tlir late .\ir. Mii

dock, 1 should .say, aliout four }cars. 1 knt w him from ahoiil whtii he tiist cami'. He was in the.
hahit of comin*,' to our house a ;4rc;(t deal, from the time he tirst came to Luneidtur-;' uj) to tin?

time of the Hie. lie offeu took his ni

eals tiieie

■times ideakffist; very often dinner, mid

mostly always tea.

e was, I

luring' that time, in the haiiit of coiiyersin;,' freely oii ditli'iciit siih- (i7()U

ects. He would |>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

ont! occasion as

k tl

lem to u'o

to th

house,

ryaiit at Mr. Murdock's house, at the tim

i.'iii

e we

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:

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'

• .•

J«l

If * t

Vjt« ^

BIlUl

niiii

mill

till)

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,
t<ce her more than twice under the intluence uf li(iuor after my father moved into the house. I saw
her ill that state once hcfore the fire. I went up to Mr. Murdock's alioul ten days or a week hofore
the lire to get him to sign a wariaiit of attorney. He was to sign it as the defendant's attorney.
He signed in three places. I wanted a diiiik of water and Mr. .\lurdock cdled upon .Mrs, Peck to
got the water. In going to the huckel to get it, she staggered and she did not Iniug in the jiit-'her ol'
water. She railed ine to taRe it in. She would not come into the room at that time. I ilo not 0730
know at whose rerjuest .Mrs. I'eck left the premises. Mr Murdock (h'liviMcd ine a let.er for .Mrs.
I'eck alter she left, only one, ahout a fortnight 1 should say alter siu; left. It may have hceii longer,
may have heen three weeks. I delivjjied it to Mrs. I'eck I went right to the house where .Mrs.
I'eck was living at the lime, and (h'livered it to her personally. It was in an envelope, directed hy
Mr. Murdock to .Mrs. I'eck. (Mr. Owen tenders a letter from ihamish Miirdock to .Mrs. I'eck,
dated Sept. l;kh, 1875, marked " H. G. T. S." and Kledon 17th .Vugust, IHH\.)

(I do not rcmemher whether any oni; was present when .Mr. Murdock give me the letter.
Mrs. Peck had then left Mr. Murdock's. It was the only htter .Mr. .Miudock gave me for .Mrs,
Peck.) .Mr McDonald ohjccts that it is not proved to he a eopy of the letter. (Letter "II. G. T. S."
refiled and put in evidence.) . 6740

1 remained in Lunenhurg a few days more than two months after the fire. I left 1st Octo-
her I went to " King's (College," Windsor. During the time that interveiu'd hetween the Kre and
my leaving for college, Mr. Edward Owen assiited in preparing me and Mr. .Murdock also three or
four times. Mr. Murdock assisted me liy giving a good translation of |)assagcs and the derivation of
words. That was about the last of September. I was then studying Latin and Greek. On those
occasions he used to repeal lines from Virgil and Homer from memory. I should say fully si.xty
lines of Latin (that is Virgil.) He then told me he had not looked at the te.vt book since he was
about 12 or 15 years old Mr. Murdock was translating into English a Prench history of Nova
Scotia. He said the origiral was over two hundred years old. This (produced) is the translation,
and excepting the last page is in Mr. .Murdock's handwriting. I saw him translating and writing in 6750
this book up to th(( last of Se|)tember. 1 saw him write and translate a portion of said French work
in this book in September. (.Mr. .McDonald objects as being irrelevant.) 1 could not say how many
pages he wrote in it in September. I used to s(;e him write in it at dilferent t mes. 1 did not stop
long. 1 should say that I saw him writing in that Ijook in September fully half-a-dozen times. I
would look over his shoulder and see him writ(? in it. (Translation referred to marked " No. 30, (i.
T. S." filed and put in evidence, subject to the objrrtion.) 1 had in addition to his assisting me with
my studii's, conversations with him every day before I left for college i between time of fire and my
leaving.) Mr. Murdock conversed with others in my hearing. Mr. .Murdock had a large garden.
He used to attend to it himself very often. Nearly always when I would come up to the house he
used to be in the garden. (I mean during the day.) He was engaged there in weeding, collecting 6700
seeds. He had many vegetables in his garden. 1 have seen him occupied in connection with them,
picking beets, cucumbers and corn, and bringing them into the house. He had a choice as to food,
lie was very fond of beets and soup, and cucumbers, and I think all kinds of vegetables he liked,
but fish he did not care much about, or geese. 1 thought he was very clean and neat in his dress.

1 wa.s present (lining Septiiinber and Deceinber, Ls?'*, and Juiiiiarv, I(s7t), when he retired
to lied. I returned from Kiiig'.s College about the 22nd December, 1N7"). The tinitj.s that I saw
hiiu undress lu- re((iiiied no assistance. 1 never knew any oiu; to assist him in undressing and
prtpHiing for bed, and never knew him to ie(|iiiiv any such assistance. 1 never at any time .■^aw
Mr. Murdock under the intlueucc of li(|uor, either while he was in the hal)it of coining to my father's

r^':

.»■«;

;V' i-^* ,

f •«

*'«•■

('
1

V
f
'1
J'

t.(
i\

«■'
J'

tl
Im
«v

I"
('(

al^

or
.lo

'"J
tii(

VCI

\vn

tlu

ul.l
IIMI

not
loti
!w
ut I
ill 1(1
fast
sioi
Juu
tiirii

134

liousp, or at any tinio. T linvo scon liiiii drink Rvr Wliiskty. He would put nlioiit two taMf- (!770
spoonsful of Whiskey into a tnuibk-r, soiiutinu's not as imu'li, ami tlicii till tlic tuinlilir very nearly
full of watof, and tlun 111' would sip it atid convirsf at tlif sanit' time. He was aide to read an<l
write duriny the month of Septendier, and up totlie time I left for Kini,''s Cullc^fe. I haveseeii liim
write and heard 1dm read. On my retinn from Colle^re in January last I remendier on one occa-
ca.sion Mr. Munlock's rea<linj; a novel. He read as loii^; as 1 was in the room, almut a ipiarter of an
hour, nuiy have lieen a little lon<,fer. \Vhen J left for( 'olhjnc 1st of Oeloher Mr. .Murdoek's lieallli wa.n

very irood. I do not remend>er of his liein«f

sicl

IS memorv was verv l'ooiI

I his niiml as

rs.

I'ec'k .said " 1 did not drink it, Mr. Murdoek has fiieiidv

Mr. .McDonald (lijects on the tJiound

V fatl

Ills I

ler ami with im

He I Mr. Muni.

•k ; ]il!iycd as i^i

a ijaiiie then ji-- usual

lining' with u.s last Chiistmas J)ay- that is with my tj!inil\ 1
the middle of January, l.S7<i. Mr. Miiidock's hdilth at that time w

iin returned t<

rrliiemlier

, W

i.mIsoi'

as as jfood as n-^im

to th

llll;,';||lsl.>

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<inlh

vifir, !■'• two vejir-

was

it ( 'liarlottetowji llh II. ] wiisjii ( 'liar-

it m\' liolidii\s win n I wii-- 1:

Ihiii

it'tri- Mr. .Mind

ocK ciimi

1 w

ils din- \ eiir

fast and dinner and tea J letViicd only to mv liolid;i\s liet'ore the ti

I'ernre that, on other occa

-ion> 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 <lictionaries, Imt could not do it. liatiu, (iieek and
French dictionary, .ludifinjf from that Ids mcniuiy was very j;ood. I had conversations with him G7H()
after my return aswell as hefore,and have heaid ) eisoiis ci'nver'^iiifiwith him. I lememlieiMr, ( 'luis.
Hcami.sli heiu",' at Linienltfirj,' towards the last of .Septendier. .Mr. Miirdock said that he did not w ish
to see Mr. Beamish come into the house. That he wished the door to lie shut on him. He iilso
.said that Mr. l^canush did not come down to look afti r his i.Mi'. Miirdock'si iitlairs Imt came down
to look after himself, his own. I remcmlier Mrs. I'eck taking' li.pior to Mr. Munlock's house he-
fore the file, in a ju;,'. It held aliout two jL^^alloiis I should say. This was in my father's olUce she
j;ot it. Father complained to her that there was too much lii|Uor tfikeii u|i to the liou>

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])laine<l to Mr. Murdock that there was too much li(|iior went up to the house. I do mn know
what Mr. Murdock said, he ajipeared to he indiuiiant.

Q. Was Mr. Beamish, or any one else, to your know NdMr, jireveiited from lia\ in;.;- ai'ci'ss
to, or interviewing^' Mr. Murdock, hy yoiii' father, or nny memher of your family, to \ nii- know-

ledge, either hefore or after the fire ^ (Mr. .Mtd)oiiald olijects as leadim^. .V. .No. 1 haxelieen
present diiriiii,' ar<.^unients hctween Mr. Miinlock and otheis up to thetimi-of my leaving foi' Kin^^'s
(olle^fc and on my return. Some of these ai'^iunnnts were liitween Mr. Murdock and my father.
I do not remendier on what suhjects. Mr. Muiilock was not on these occasions easily pi-rsiiadcil —
always maintained his own views, and always held his around to my kiiowledi."'.

i). J)id your Father ever, to your knowledije, in any w.iy, either hy word or ileid, directly (iMOO
()]• indirectly, attempt to influence Mr, Murdock with respect to the ilisposition of his properly ?
''Mr, McDonald olijects to (|iiestion, Jiid^i' ailmils the ipiestioii,! \. No. 1 reiiiemlier Mr. .Mur-
dock playiiiir the piano, and fluteand chess, aftii my return from ( 'olle^c 11. played chess with

very yood. Duiinj,' my visit here (1st January) Mr. Murdock look a walk up

was a cold day. The distance was the length of four s(|uares. .My little sister acconipanieil liim

there, I did not. Ij) to the time 1 retiiiiiid to idlle!.;e he wa- cheerful. I do not think there

was any perceptalilechan^ii' in his mind from the time 1 first saw him up to the time 1 last saw him. lihlO

( 'ro.ss-examinod hy .Mr. .McDonald.

When Murdock canie to ri -ide at l-iinenliiirL; 1 was nearly 14 years of a^je. I was |."{ years
old. He lived first down near the wliaif. He was as inliinale al the time he first came down in
our house as he was at any p liod after uji to th. time of his death. 1 don't know how hmy 1

it Horton. ] Went to Horton in Septemher. Mr. .Murdock, 1 think, came liel'oie I went toHojtoii, (JmJO
uid all ! know of him was when I was home for the Iiolida\s. In eiviiie- ni\ answeiahoiil the hi'eak-

'^^

rr'.

v>v

;1K*';

.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'

3^^^\i- ■

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.<r si.\ or eiglit times hefore that, anil liail seen ln-i in hor own kitolien
ahout two or three times hefore that. Notliinii particular took me up to .Mr. .Mnnloek's Imuse on
these oocasions. I woulii lie sannterini^ alouL,'. anil, having; nolhiiiL;' to i|o, woiilil run in, I saw
Mr. Munlock on these ocea»>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 ili<l
yon mean liy it :" A, I mean l>y 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'- ■'

^■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 <u' <lid you no' leil Mr. Owen, yesierdiiy, in \oiir direct examinalion, that it was
on the first occasion he said he would enlarge tin liouse if it was too Mn;ill .' A. I cannot answer
that definitely.

(-1 Do you mean hy that that you cannot recollect what you told Mr, Owen, yesterday .' A.
I do not recollect wii.it I told Mr. Owen yesleiihiy.

(),. In unswjT to -Mr. Owen yesterday, did you use these words, " lie saiil he wished us to
go up to the house, that he considered us his amily and thaf ho weuld enlarge the house ii it was
too . small r' A. I 1 .iniiot dcline ihe two occisions. I tlank I s.iid tlies(> 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'

eainisu Iienig (lnwn in

itcmi

lller.

ememlicr seeint'

him imt that once tVom the time I t'anic home to the time

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

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

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^'

1 •'

, •j.'.j^.f

.'*• .

. •« ,'* .

^f.

■.».-v

in«

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 <lays he
.sai<l he eoidd see, that he gave nie the lessons, and it was during this pi riod (August and Scpteni-
Iht), while I was getting lessons, that he made these observation;" what ilid you mean by the
vord.s, " (hiring August and .September I*" (Mr. McDonald objected, on the ground that there is
iio new niatti-r and iu*tbiiig to exjilain. Judge refuses an e.vplanatioii, there being no new matter,
and, in hi.s o])iiiioii, no ainbiguitv.)

Sworn to at huneiiburg, in the County of i.unen-^ CIIAKLliS W. II. II. KAl-LMACK.

burg, the :Ust day of August, A.I). 1.S7(I, In

fore lue,

(iKOIKiK T. S(U.n.M(tN,

.///(/'/(' (</ I'lohiltl'.

:>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<l, linrrlxli't'-nt-Linr, iliii<i.-<i il.

The examination of .\da S. I'etit, of Luncidiurg, in the County aforesaid, spinster, taken be-
fore me, (jeorge T. Solomon. Esipure, .Judge of I'robate of said County, this thirty-first day of
August, A. D. 187(>, 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

,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<iuiir out of a little pantiy in .Mr. .\Iurdnck'> 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<l eonti'ol of it during the time I was there. He sowed the seed, did all
the Weeding and eollected tilt! seeds. Tliele Were vegetal'lis ill the gai'di'Il. After eollecling the
sicd he separated tbi-iii, and ])Ut them into envelopes and labejjeil them. That wiis last fall. In
tile summer time he used to get up sometimes at i o'clock and go in the garden. I .-aw .Mr. Mur-
doek drink very little lii|Uor while I was there. He would take one or two teaspoonsfiil and till
the tumiiler up with water and sup a little at a time. I jmlgeil it was about that (piantify ; ilid 71<i()
not iiiea.'iure it. I never, after the tire or ]ire\iously, saw .Mr. .Murdoek aflieted by, or under tb(!
iiitliience of li(|Uor. I was in the habit of reciiving onleis and instructions from Mr. .Murdoek
from time to time, after .Ml. and .Mrs. Kaul back left for Ottawa. I was in and out of Mr. .Mur-
doek's room after Mr. and .Mrs. Kaulliaek left for Ottawa.

Q. Did .Mr. '.Murdoek, after .Mr. Kaulliaek left for Ottawa, aiioiit the end of .Tanuary, ls7<I,
'Hconipanied by Mrs. Kaulback, ever make any allusion, in your presence or hearing, to ihi' dis-
position of his pi'ojK'rty ; if so, what did he say ' '.Mr. .McDonald olijeets that Murdoek's state-
ments to witness as to the disposition of his property are not eviilence or pertinent to the issue.)
lie said he had left his property to .Mrs. Kaulback and the children; that they were his best
t'liemls, and that Mr. IJeamish did not care anytbing for him ; all be wanted wa> 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)

'^0 'mis'

1.0

I.I

ISO '""=

12.5

IB IIIII2.2

I ■10

2.0

1.8

1.25 1.4 1.6

.* 6"

►

^^f/ .<^J

W ->
^/i^

omi

Photographic

Sdences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

.V ., ,

♦« •, '

t f

' •-)"> '

• 'm

. 1." '

'4 « s

' ,.^v,

^ '

..r:

h
I

t(
t]
I

^\
11
Is

C£
W

ill

th
\}

V s '

he
an

> [

i-i

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<l the cliildren
very kind. He was treated very kind liy Mr. and Mrs. Kaulback and the chililren. I was at Mr.
Murdock's a couple of hours liefore Mrs. Peck left.

Q. Did you hear Mr Munlock make a childish or foolish remark on the day you went to 7190
his house to live, or at any other time ? (Mr. McDimald objects on the ground that it is a leading
question, and not in rebuttal of any eviilonce given by Petitioner.) A. Mo. 1 did not. Mr. Mur-
dock had a very good appetite during the time I was there. Tiiere were .somu things ho did not
like. Mr. Murdock's mind and memory were very gO(jd, and he was very sensible within a very
short time of his death,

Q. Did Mr. Kaulback ever, to your knowledge, in any way, either directly or indirectly,
attempt to influence Mr. Murdock with respect to the disposition of his projierty ? (Mr. McDonald
objects on the same ground as before. Judge admits (jiiestion.) A, No.
^ Cross-examined by Mr. McDonald.

I will be twenty years old next March. I hiid been living with Mr. Kaulback for two ye.ars 7200
before the fire, and then 1 was gone a few days, and lived with him after that up to last May. 1 was
hous^e-maid in the family. I have since then been living at Heckman's Island ; live miles from heri'.
I have not since I left Mr. Kaulback's, last May, up to the present time, talked thismatter over with
anyone. I wish to cori'ect myself by saying I meant up till lately and not up to this time. I was spoken
to last May, at time of the Court, by Mr. 13eamish, Mr. Weatherbe, Mr. Ei/.eiihauer, 1 think. Thi'ro
might have been other poisons, I do not rememb,"-. There was Mr. Owen and Mr. Kaulliack spoke
to mo Jibout it. (It was Mr. James Eizeiihauer, the ^lerchant, I mean.) It was the first Court
they had here, I cannot remember the time. Mr. Owmi and Mr. Kaulback both spoke to iiu; after
I Avent iloAvn to the Island, when I came up to town. I came up to town of my own accord, and
was notasked by Mr. Kaulback or any one else to come. I cannot say how often they .spoke to 7210
me. They spoke to me of this matter in June, and I saw tlit;m to-day in the C'ourt House. Mrs.
Kaulback s{)oke to mo on this subject, but not since I cai'ie up to givi' eviilenee. I did not talk to
Charles Kaulback (who gave evidence) about it. I was at Mr. Kaulback's when Mr. Murdock first
came there. He got breakfiist tliere and dinner most every other day and tea most every day. He
would come down to Mr. Kaulback's garden and stay to dinner and tea. During the time I was at
Mr. Kaulback's before the fire, I saw Mr. Murdock take a very little liquor, but not often. He put
in very little and filled up the tumbler with water. I passed through in the course of my duties in
the house and saw him. No one told me to watch him I was round the house all the time.
When Mr. Murdock smoked at Mr. Kaulback's, he did so in Mr. Kaulback's office. I cannot say
how many times I saw him drink. I never measured the quantity. 7220

Q. Did you look over his shoulder to see what he had in his tumbler ? A. No, I did not.

Q. Do you undertake to tell me on your o.ith, that from merely passing through th(! room,
where gentlemen were sittiug with liquor and water before them, what quantity either of them would
put in his tumbler to drink, without particularly w, itching for that purpose ? A. I would not swear
how much they would take. When I said that he would put a couple of teaspoonsful iu his tumbler
and fill it up with water. I meant after the fire when the Kaulback's had gone to live with him.

$f"

§" >*<•

r«4.^

'.' >K

.*»,

\t •'

>>/ '<

"', . 'IT'

,t'

r ?i

•4 ♦

i <

I P *T-«

* \"i f

-. '

?"*■■

IfV

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. Mur<loek. From that time up to the fii'c she used to come down,
about every ten days, with a jug. ilr. Kaulback used to fill it for her, and she would tak(^ it away.
There was nobody but Mrs. Peck took iii|Uor from Mr. Kaulback s to Mr. ^Murdock's. Mr. Kaul-
back >ised 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- . •

?•<:*'■

v,»

i».vj-. ill \

■(I<<1;-

;«^1

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

!^ ♦

I k; 1 • ' *,
\ *

:?xis

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<l anythin<,'. I was present when Mr. Murdock made Mr. Kaulback
a present of tlie gold watch. I, Mr. KaulbacK and Mr. Murdock wt-re present. It was in the
morning, in the kitchen. He took the watch out of his pocket, ami chain, and han<led it to Mr.
Kaulback and said he would make him a present of it. That was all that passed. Mr. Kaulliack
.said he was much obliged.

He <lid not like fowls nor goo.se, nor fish. He liked beef and lamb and his vegetables. Mr.
Murdock .said he was going to leave me something. He told me this at the same time he said he
had left everything to Mrs Kaulback and the children. I might have spt)ken to my brother-in-law
(Henry Nassj or his wife. I never told Henry Nass or his wife that if this Will was .settled that
Kaulback told me that 1 would get what IVfr. Muiilock promise<l to leave me. He told me before
that he had left everything he had in the world to Mrs. Kaulback and the children.

Q. Have you ever told your brother-in-law, Henry Nass, or his wife, that Mr. Kaulback
had told you that after this Will was settled you would get what Mr. Murdock promised to leave
you, or words to that effect ? A. I never said so.

ADA S. PETTIT.
Sworn to at Lunenburg, in the County of Lunenburg, this Slst

day of August, A.D. 1876, before me.
[Signed] GEORGE T. SOLOMON,

Judge of Probate.

7340

7350

COURT OF WILLS AND PROBATE.

LUNENBURG, SS.

In the matter ofthejiroof, in solemn fo)in, of the alleged last Will and Testament, of Beamish

Murdock, late of Lunenburg, in the County aforesaid, Barrister at Linv, deceased. 73G0

The examination of C. Edwin Kaulback, of Lunenburg, in the County aforesaid, Deputy
Sheriff, taken before Mr. George T. Solomon, Esq., Judge of Probate of said County, this 27th
day of October, A. D., 187»).

I reside in Lunenburg, am the Sheriffs Deputy. I knew the late Beamish Murdock. First
became acquainted with him on his coming here to reside, four or five years ago. When he first
came he resided at Kings Hotel, and went from there to the Moyle House ; went to Halifax for a
short time and on his return took up his abode in the house in which he died. I visited him oc-
casionally at the "Moyle" House. I remember the time of Mr. Kaulback's fire, 29th July, 1875.
Up to the time of that fire I was in the habit of meeting him (Mr. Murdock) at Mr. Kaulback's house.
From the time of the fire, I was in the habit of meeting Mr. Murdock at his own residence about 7370
once a fortnight, sometimes once a week, but during my brother's absence more frequently still.
I was in the habit of conversing with him on general topics, on the occasions of meeting him. He
conversed very freely and very intelligently. I have met him in his garden on several occasions
during 1875. He would be weeding, taking up flowers, moving around and taking delight in seeing
thinge grow, and cultivating choice plants.

He had his garden very nicely arranged. Considerable taste for a person of his years. I

1^'

' * ..

ir'*'!':':'-, '

.;s ' ,

•if '^

'•v^

i-'f*

,-*

■« '<^

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<l given to Mrs. Kaulhack and the children, out of the respect he had for Mrs.
Kaulhack, and the affection he had for the children, or words to that effect. Mr. Kaulhack was
then at or on his way to Ottawa. I did not solicit the information.

On the occasion of my diflcrent interviews with him, his mind seemed to be perfectly clear
on every subject that he'd speak upon. His memory and intellect appeared to be ns clear, keen and 7400
sharp at the tinu! I last saw him, as when I first made his accpiaintance. I never ob.served any
difference during the interim. Have had business transactions with him on one or two occasions.
He was perfectly capable of transacting business during the time of my ac(puiintance with him.
There was not the slightest change in that resjx'ct, in mv opinion, from the time of my fin-^t acquaint-
ance to that of his last illness. From my knowledge of Mr. iMurdock I believe him to have been
thoroughly capable of transacting bu.-'iness on ]S!ove. miter \-)th, 1875, and of understanding the
nature of the business in which he was engaged.

After the fire we were desirous of having my brother and his family come to our house.

Mr. Murdock said he could manage to place them at his house, and that he would endeavor
to treat them with as much kindness as he could. He seemed to have a great deal of affection for 7410
Mr. Kaulback's children. I never saw him act towards .Mrs. Kaulhack in any other way than with
marked respect.

During Mr. Kaulback's absence at Ottawa, before Mr. Murdoek's death, he (Mr.
Murdock) and Edna, appeared to have charge of the house. Mr. Murdock waa the last in retiring.
1 was there then frequently and he took charge of the lights, &c.

In his conversations he was very firm in his views. During all my visits, either at iSIr.
Kaulback's or at Mr. Murdoek's own hou.se, I never knew Mr. Kaulhack in any way, either directly
or indirectly endeavoring to influence Mr. Murdock v.ith respect to the disposition of his property.

He said, with regard to his watch, that he had given it to my brother (the .Senator) by will.
Don't remember whether he said he had given him the watch by will, but it was. When he was 7420
telling mc of the disposition of his property by will that he said he had given him the watch. I
remember meeting him out at parties and pic-nics during 1875, and frequently met him moving
about town during that time. If I met him in the street I'd talk to him and perhaps walk along
with him In the spring of 1875 he accompanied a party of us to New Koss, a distance of 34 miles
about. He was then in a perfect frame of mind and body. I met him at a Sunday School pic-nic
this fall a year, and then found him in the same frame of mind and body. From the time of my
first acquaintance with him, up to that of his last ilness, he was in my opinion of perfect, sound and
disposing mind and memory.

Mr. Harrington objects to any evidence of " sound and disposing mind." ,^ i

•*i

' t

^'i

»«• >

'«;■*

»'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.

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<l I
supposed.

C. EDWIN KAULBACK.

7490

Sworn to at Lunenburg, in the County of Lunenburg, the 27th day of October, A. D. 187H.

Before me,

GEO. T. SOLOMON,

Judge of Probate.

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

Murdock, late of Lunenburg, in the Coiinti/ aforesaid, liarrister, deceased. 7500

The examination of William Burns, of Lunenburg, in the County of Lunenburg, FisluT-
man, taken liofore inc, Gwnge T. Solomon, Esijuiro, Judge of the- Court of Wills and Probate,
and for granting letters of administration witliin the ccnnity afori'.said, this twenty-eightli day of
October, A. D., lS7(i, who, being duly sworn, deposetli and saith :

I reside in Lunenburg. My oeeu])ation is fishing in tlio Summer time mostly. I have
been working on shore the last three or four years in the Winter. 1 knew Beamish Murdock
and remend)er wlu'ii he moved into tlie bouse in which be died. Can't tell the time exactly. I
remember when he lived there. He was liviuif tlien; in the I'arly part of IS?-"). He liad a servant
living WMth him, — Mrs. !'< ck. I lived across the street, right abreast of where he lived. 1 lived
there up to December last. Mr. Munlock's ganlen was in view from my house. I was home 7.')10
from time to time Summer of 1.^7-'), and was home during the whole of tin,' Autunm of l.S7."), and
that Winter.

It was late in the Fall of 187.') that I came home and remained, — in Se])tember, 1 think.
I M'a.s in the habit of meeting Mr. Murdock during tlie times I was at home in 1<S7."). Have .seen
him several times in his iraiden, an<l talke<l to him sometimes, and have .seen him about the house
and by the gate. He came uj) the street tme day, after I gave up ti.shing and come home to
remain. He was then taking the things out of his garden, — the seeds. He called me and aske<l
me how I did on the l)ank.s, and I told him. He asked me if wc layod to anchor on the bank.s,
and I said yes. He asked me if it wasn't dangerous to lay there on account of ships running
acro.ss to Europe, and I told him it was. (Objected to.) I said," I believe Mrs. Peck has left you," 7.520
and he said that .she had, and he was glad of it; that .she would have ruined him if she had stayed
much longer with him. (Olijectod to.) I had no further conver.satitm with him at tliat time. He at
that time got talking about Mr. Kaulback. Said ho " liked Mr. Kaulback verymuch,"and hisfaniily.

44 ^^^ij' i'

■>•■'

;4-:.;

i.V.ft

■•■■•">•■

V:m':'«

r'*vf

<. ,1 ■' ■

, ; '_,

¥^ ■■' -'■

' ■ ">;*

■'^>. *;

* • . '

":^ :-v

■i

?-v>,

,f. •'

t . \

;.*• : •

, . i

^Ni

122^

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 like<l
the woman very well, — we were always very good friends. When I went through the kitchen,
I would pa.ss close to Mrs. Peck. I smelt li(|Uor about th(! jilace in the moi'iiings. I don't know
if it came oft' her breath. I saw her drunk on Mr. Murdock's door step. She was sitting down.
She did not say she was .sick. I asked her how she was getting along, .she saiil she didn't know

}$f

.»-■ i

'• \

f t

•' v' a,

* . •

' I

3..1

nil

and notlded licr hoatl. She moved alonrj tlie side of the lioiise, inij.dit have been sick. She came

over to my house several times well in liiinor. She never came over to my place to send for 7')H0

liquor while I was there. I don't know that she might have heen sick those other times.

Re-examined hy Mr. Owen : —

I could not tell wliere the hen-coop was situate la.styear when I lived there. I don't know
if there was any garden hack of the house last year.

WILLIAM BIliNS.

Sworn to at Lunenlmrg, in the County of Lunenhurg, the Twenty-Eighth day of October,
A. D., 1«7(J, before me,

GEORGE T. SOLOMON,

Judge of Pruhiitc.

Lux KN-nuRO, 28th October, 1870. 7')90
Court adjourned to Monday, 30th inst., at 9. SO, A. M., to enable Petitioners to put in rebut-
tal testimony if any admissible.

LUNKXltURG, Oct. .SOth, 187().

Court met at 9.30, A. M., in accordance with adjournment, for the purpose of securing lebut-
tal testimony, if such is admi.s.sible. No rebuttal testimony being adduced or tendered, case closed
re>ipecting 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

I "A

f.^;

- t\

It. *■

*:■;.♦: ■ - I '

VH- ■■:■

-.v.»,- .

'- " ' :'■*■. ■' I- .-i

'^ I'

-• '-Wit

. .- ■»

^-■■.

,,. ...> ..,,

,,'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 7<i'W
frequently, in the hou.so in which ho died, .socially. He moved into the house in the fall
of 1874. Ho died in February, 187(5. I remember the time of Mi. Kaulback's fire, July 2!lth,
1875. In addition to the places referred to, I was in the habit of meeting Mv. Murdoek at
Senator Kaulback's house up to the time of the fire. I met him there freipiently. .My father was
the fanuly physician of Mr. Kaidl)ack's family up to 180.'}, the timo of his (my father'.s) death,
since then I have been. Durin<r the timi^ I was in the habit of meeting Mr. Murdoek at Mr.
Kaulback's house I was in the habit of visiting there both socially and ])rofe.ssionally. At my
different meetings with Mr. Munlock from the timo I first met him up to that of his deci^a.se, we
wore in the habit of conversing on the topics of the day and on general sulij(,'cts. Inmiediately
after the fire Mrs. Kaulback and the children wore removed to Mrs. (Jaitzs hou.so. 7()40

I was called from the fire, at which I was working, to visit Mr.-.. Kaulback professionally
at Mrs. Gaetz's. That same morning of the fire, I met Mr. Murdoek at Mrs. (iaetz.s'. Mrs. (laetz,
Winii Gaotz, Mrs. Kaulback, and the children anil tlm Senator wore also there, the latter in and
out. During the morning I heard Mr. Murdoek mention to Mr. and Mrs. Kanlbaek.

Questio)). — -Was there anything said by Mr. Murdoek on that occasion with res])ect to the
Kaulbacks going to his house, and if .so, what ?

Mr. Harrington objects to any statement made by Mr. Murdoch on that ot'casion.

Judge admits the (picstion by way of relnittal to the testimony of Mrs. Peck.

Answer.— 1 was in the room when Mr. Murdoek came in. He .saiil to Mrs. Kaulback, " 1
am sorry to see you in such distress; come up to my wig- warn and share Avith me my pittance, 7<i.")()
and there's a homo for you as long as you wish to remain." He repeated that .several times that
day. They moved uj) to his liou.se aViout a week or ten days after that. After the Kaulbacks
moved into Murdock's hou.so I continued to be their fanuly ])hysician. Between the time of their
moving into the house and Mr. Murdock's decejiso I was in the habit of visiting tlu; house three
and four times a week; socially, I used to go sometimes in the mornings, sometimes in the after-
noons, an<l sometimes in the evenings. I was in the habit of meeting Mr. Mtu'doek there on all
occasions. I was in the habit of convei'sing Avith him on these occasions. He avijuM get up an
argument sometimes on the telegrams in the "Chronicle."

Qaestloii. — Wore you called upon to visit Mr. Murdoek, professionally, during the time he
occupied the house in which he died, if .so, enumerate the different occasions ^ 7(i()()

Ansicn: — I Avas called upon to visit Mr. Mui'doek, professionally, loth January, 187');
fracture of two ribs. I attended him from l.')tli to 2.'Jrd January. On the latter date he Avas get-
ting up and Avalking about. I Avas alAA-ays his medical attendant from time he came, to his deeea.so.
December 4th, 1875, Avas my next professional A'isit, Avhen I extracted two t(>eth 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'.'':'

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<fs and
laliellinj; them. We wen^ talkini,' aiiout the seed, and hein<,' in a hurry I told him 1 hail not time
to talk ; hid him n'ood morninj,' and left. 1 was up on the Kith to Rupert. I always had conver-
sation with Mr. Murdock on tho.se occasions, on the to])ics of the day, iVc. On the ISth I went
up and .saw Mary in the afternoon, and cominji out saw Mr. Murdock sittin^f in the parlor, and
from there went to his own room, the lilirary, with him. We j^ot talkinj.; o!i various suhjects.
He asked uw if I was in a hurry. I told him I was always in a hurry. He said, " I mivle my 7(i90
will a few days a^o," and then ht; went on relating,' what was in the will. He .said he f,'ave the
coins to the Senator's son Charles, the ;;oIil watch to tlie Senator, and the rest of his property to
Mrs. Kaulhack and tlie children, and .souu^ hooks to his friend J)r. Aiken, Halifa.x. He went on
to mention that he had cut tlu^ iieamislies of!" on account of their, especially Cliai'les, amioyinj^
liim so nnich ; tryinj^ to oct some property and some papers, and that lie was so iiuich annoyed
he had cut them oti" to a farthinj^f. 'J hen he spoke ahout Stei)hen heing down the last of Sep-
temlier or Octoher, and that \vorried him, annoyed him. He said ho came up there (Stejihen
Beamish) was there a day and a ni^ht, and that h(> Avas the worse of lii|Uor an i that he (Mr.
]\Iurdi)ck) e:av(! him fo<u- dollars to pay his way hack to Halifax. He told ire who witne.s.sed his
will. That it was Mr. Edward Solomon and James Wentzel. 1 then said I would have to leavi' and 7700
did so. I then ran in again socially the eveiiini,' of the .same day, and saw Mr. Murdock in his
lihrary, and had a smoke. Mr. Ellis was also tliere. We had conversation. I was alone with
Mr Murdock when he told me ahout the will. On the 2()th I was called jirofe.ssionally to Mrs.
Kaulliack and saw Mr. Murdock then ; he was sitting in tin.' parlor when I came out of Mrs.
Kaulhack's room. 1 had a conversation with him, and after talking, I left him.

Mr. Murdock always spoke in the highest terms ahout the Senator and his wife, and espe-
cially of the children, and always had Rupert and Mary playing ahout him. He was very fond
of them.

On the evening of (Stli Fehruary, 1.'s7(). he said he would like to he huried in thi' Senator's
piece of ground (hiiiial ground) near the Senator's son Willie. 'J'liat child died Fehruary IH74'. 7710

At gardening time. Summer of 1(S7."), when passing ther(> 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\'',

.%'«:

.(►-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

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

'.•.>i

;■%■«.:

.l»,»

t<t

♦r-

'!^»,/ •

■►.' .'■.

I A-;^;

?'.';*•',■■■ 'V

't% ■•' 1 '

?^*r

tJ,-.V',

y-'i-

I. -.2

Mrs. Kaiilliiii'U ainl tlir cliililrcn iiinl Mr. KmiiI'ijicU tri'ittiil liim willi ho iniicli kii.ilncss. lircoiilil
iKit liavf H|i(ik('ii in lii^^'lifr tmiis of Mrs. Kuiillniils niul tin' cliiMri'ii.

(Jiirnlloii. I'" rum Vdiir UiidwIciIhi' ot" Mr. Miinlock, wliiil wiis the .state of lii.'j iiiiml mi tlic
l.'itli nf Novniilinr, liciii;; tlic i\ny liis la.st will wa.s cxfcutrd f

Mr. llarriiiLitoii nlijfcts,

A ii.'<ifir. \i\!i iiiiinl was as clear nil tliat ilay as wlicii I first saw liiiii in In72. Mis iniml
III) tlint ijfiy was sntiml aii<l clear, lie was that ilay (l'>) cajtaiile of iiiiilerstaiiiliii^' (lie Imsiness
ill wliicli lie was eii;,'a;.je(l. Ki'diii tlie time tliat I was acniiaiiileil witli Mr. Miinl<ick in |H72, with
the e.Kce|ili()ii in .lannary IN?'), time of Itrukeii lili, and in Dec.emher, his mind was |iert'ei'tly clear
.'ind ciipalile (if dniiij^r iiiisiiiess. I never, in any way, knew .Mr. Kinilliack to intlneiice Mr. Miir-

dock ill any .sha| r form, either directly or indirectly. His (.Mr. Miirdock'sj memory, from his

referciici! to dates, iVc, was very ;;ood. I saw a lilnaiy at his JKai.se. In year 1^7') Mr. Miirdock
was translating,' French into Knvdish, this was after lii.^ rihs were lirokeii, almnt a week after. I'd

see him in tl seiijii'^s readiML:; a novel iind other works, a piiper, the illustrated London News in

the Aiitnmn of |.S7."). ()ii the morning' of l.")tli Novcmher, when I <'ame ont of the lied room,
after seeinj,f lven|iert, .Mr. Mnrdock was readiiij^ a book. Dnriiii,' the Aiitnmn of |S7.">, 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 <)<tolier I think. F knew him as well in Kehrnary, l.S7."), as
in .January, lcS7').

(j>/'".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

ll'd

He wrote up to the time of his illness, in Decemlier, 11S7"). Ho nsed to keep a little liook,

m iiiai

k d

own tnniii-s

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

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-. iIur<lock. I'd never smell lii|uor on him In (lie
mornings. Sometimes he'd he close enoiigli to me tor me to liave 'onelt It on him. There weif
no physical marks ity which 1 could deti'ct that he was drinking, at any time. I have seen him
in the afternoon take from a wine glass to half-a wine glass of whiskey, and (ill the tuiuMer fidl
of water — lie never tini.shed a tumliler while ] was there — he'd sip and sip, and smoke. [ once Ts.'iO
saw Beamish Murdock under the iiitlueiice of ll(|U(>r 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, 1<S7"). Mr. Murdock was low in his spirits. He did not ask me to
give him something to put him out of the world. 1 never told .Mrs. Morton that he did so.

1 did not say to .Mrs. William 11. Morton, in my liousi-, somewhere ahout end of year 1n7"),
that " Mr. Beamish .Murdoch was childish, that Mr. Kaulliack hail the old gentleman driiikui--,
and that Mr. Kaulliack knew what he Avas ahout." I do not reiiieiulier having any conversation
with Mrs. Morton relative to Mr. .Murdock and Mr. Kaulliack. 1 did not say at the .same place- or
in the latter jiart of l.S7") to Mrs. ^lorton. that Mr. .Murdock wanted me to give him something to
put him out of the world. I never heard Mr. -Miirdoek say he was in love with .Mrs. Kaullack.
I never hoard Mr. Kaulhack say to Mr. Murdock that he wanted him to give him that watch, and 7^70
I never heard Mr. Murdock refuse to give it him. The only time 1 ever heard anything alioiit the
watch was when ^Ir. Murdock told me almut his will.

Qiicsfiini. — Did you, not earlier than Decemlur, '7'). in yiur own Imusi; say to .Mrs. .Morton
that Kaulliack wanted Murdock to give him hi- gold watch ?

AnKiiri: — No.

Q'"'s//o». — nid you alioiit the end of '7") and not earlier than Dercmher, In ymir own
house, say to Mrs. Morton that Murdock said, " .No, Kaulhack, you won't get It. " That Kaulliack
again insisted on having the watiji, ami .Murdock said " No, that watch Is for some one else."

A iisn-n: — I deny that.

After Kaulhack and his wife went away to Ottawa, the Stewart's, Mi.ss Kaulliack, .Mary 7>iM>
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.

'•>^'.V''

Judyc admits (jUL'stion.

Atifiirc): — I have no recollection of sayin;,' it. Mr. Murdock was in <i;ood healtli. ^fr.
Murdock told Mrs. Peck that he woidd disj)ense with her service when lier ni(jnth was up in my
presence. She muttered something,' and walked into the kitchen. I saw Mis. Peck drunk on
Kcveral occasions. Ahout four or five times. For four days, at the time of Mr. Murdock hreak-
in^' his rilis, I saw her intoxicated or stupid. 1 saw her drunk once since in March. I could
.smell the li(|U()r on lier at the time in March, 1875, referred to. I saw liercome out of the kitchen
into the library and sta^'ifer. Havt> 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

til

155

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 ortere<l an extempore prayer. 7!'4!)

During all the time I knew ^Mr. Murdock, uj) to that of his last illness, Mr. Mimloek was
alway.s very particular and neat in his dress and appearance. Mr. Murdoek always eonveised in-
telligently, and was always veiy deciiled in his views, unless convinced that he was wrong, lie
required no nurse, except during the time of his illness, a few days before Christmas. IS?."). Fiiiiii
the time I went there, shortly after the fire, up to that of his decease, I never saw him under the
influence of liquor. He would take a tablespoonful or two in a tuinbler, and fill it with water,
and hold conversations, and , sip it a longtime. He was in the habit of playing tlie iliite and ]>iano,
and of playing chess with Pa, until he (Pa) went to Ottawa in January, bs7<i. Mr. Murdock had
a library. He could find a book whenever he wanted it. Could ]mt his hand upon a hook, and
often sent me for one when he wanted it, and told me where to find it. I always found 7!l")()
his instructions correct. Such was the case up to the time of his decease. He was familiar with
the contents of his books up to the time of his decea.se, he'd refer to passages contained in the
works, and they were correct. I got the books and found them to be c(jrrect.

Question. — Did you ever hear him refer to the Beami.sh's, and if so, in what way ?

Mr. Harrington .objects.

Answer. — That " it was through their improper conduct in Halifax that he left; all tliat
they wanted was his money, and he diiln't wish to .see them when they came down." He told me
this about September or October, LS75.

I remember the time of his illness in Decendier, 1<S75. Pa wanted to telegrapii to tlu;
Beamish's, and he said, "no, ho didn't Avant to .see any one except Mr. Aiken, and he was unable 7!M)()
to come."

He was very particular with his food. My father wont to Ottawa the latter pait of January
last. Mr. Murdock was then very Avell, his health was very good. After my fathei- and mother
left, the servant girl and myself and my brother remained in the house.

After Mr. Murdock had prayers he .saw that the doors were locked, and ordered tlie lights
to be put out. He returned to his room and put his own lieht out. ' He had a garden. He was
out every morning an hour or two before breakfast, and during the day if the weather would
admit. After I went there, in October and Novend)er, he'd be collecting seeds and weeding : Im
labelled the seed, putting them in packages. Mr. Miu-dock helped me in my studies, in French
and German, from the time I went there up to that of his decease. (Witness refi'vs to Book " :>(), 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 1<S75 Mr. Murdock went out freipR'ntly. He went to several
pic-nics. He walked out a great deal in 1S75, and was also out in January, bs7(i. In IS7.") an<l
187C he walked out alone.

I remember a .settlement that Mr. Beamish and Mr. Murdock had on Di'ceudier l.'Uh. I.s7').
I saw them in the room togethei', they were alone for some time. They had pens, papei'an<l ink,
and Mr. Murdock gave nie a copy of the settlement and askeil me to make du])lieates of it. 'Tlie
papers already filed marked " V. I " and " V. ^, ' iileij August '2'>th, 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

«»'

i ^

>: '

f * ''I

n?'/* .' ' 1.-.

,^ \'

-'V '

•Mi

• • ,

* 1

■>

*.'

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
<li.sposition by Mi: Minilock (/f his ]iro[ierty; if so, state?

Mr. Harrington olijects.

Aiisirir. — 1 remeudur the relies Avere left to my hrother Charles, and the j^^old watch and
seal to ])a, ami twenty volumes of iiooks to Mr. Aiken, which he was to select, and the I'est of the
l)rojiertv to ma, ami at hei' death to us. That is all i rememher with regard to it. 1 am speak-
ino- in general terms, without remendieiine- the exact wordin^r. J remendier the Sunday (!venin<^ tSOlO
^Ii'. Solomon Avas thei'e in connection with the will, which was the 14th of Novendier, the day
liefore the will was executed, and ahout a week after J icad the draft to Mr. Murdock. Mr.
Mnidock' health that day (Sundayj was '^mA an<l his mind was clear as it always was. Mr.
Soloin(.in (Edward), in com|)any with Mr. Wentzel, came to the house next day. I saw Mr.
Murdock that day liefore and after the will was exi'cuted. His health was veiy ;food and his
nnnd clear. He was of coui'se capalile of aUcudinLf t(} liusiness. 1 never knew Mr. .Muidock to
do oi' say anything' childish. Neither my father nor any of us, to my knowledj;e, attempted to
inHuence Mr. -Murdock, either directly oi' indiicctly, with respect to the disp(jsition of his property.
He couldn't lie iidluenced.

Qdcslioii. — \\ hy could he not have lieen intluenceil ? fS02()

Mr. Harrington objects.

Aiimirr. — He had too stroll"- a mind. From the time I first met Mr. Murdock, up to the
time of his decease, 1 iu;ver saw any chane-e in his mind, it Avas alwaj's the sanu;, — clear ami
.strong, (,'harlio returned from college in J)eceinl)er, liS7."), previously to, Mr. Mnrdock's death.
Mr. Murdock instructed him in his I^atiii and Greek.

(.'ross-examined liy ^Ir. Harriiietoii : —

I last came liack from school the ist of July, }H7'\ before the fire.

I Avas in the hahit of conversing a great deal Avith Mv. Murdock on general suhjiH'ts, —
historical and languages, French and (Jerman. I don't remeinlier hearing any one .say his miml
Avas strong, hut I knew he was decided in his vieA\s. I have been sjieaking Avith ley father and (S030
Mr. Owen lately. 1 Avas asked ([uestions by my father ami ^Ir. Owen last evening, but was never
told what to say.

(Mr. Oavcii objects to witness being ask'cd Avith resjiect to any qucsstions put by her father
to her, same not being evidence. J

I think my father asked me if he Avas sensible in Ids conversation, and what his cimversa-
tion Avas generally. He did not tell me anything about Mr. Murdock being decided in hi.s views.
I .said to him last evening that ho Avas decided in his vieAVs. Mever had any conversation Avith
him hi'fore about it. I have heanl them talking of his mind. Every one Avho conversed with
him kncAv his mind Avas strong and clear. I spoke Avith my father this morning about the suit.
He did not tell me what any one swore to yesterday or any oilier time. He said nothing ahout 8040
Mrs. Burns' or any other evidence. I don't know anything about lusr evidence.

There Avas lirpior in the house. I liaA'o seen it drank in the hou.se.

Question. — IW Avhoni Avas the liquor drank ?

(Mr. OAven objects.)

f .!

'•1^'

'*.

1.4

Ipiv

Wf,\

m\ ;

y-f

X'.H J, 1 .

;i.

^_^ ''

2?^' '

/ '

'»'»>i

:.^^

1.' •".

/^ . ^

''.\ •-

sv,. -

V^^'".

t« ',

• ^';^».

t • *

Iv » *

^ « "I*-

.•^■:" '«

^ •'

V-^r^'i

*J'i

#«

%•

^r., •

.' 'V

:i .^:';«

\ ^ »

' ^

* .*» ? J

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; an<l that 1 sliould come for him if re(|uiri'd. It was Dr. .la.eohs. I never had any
conversation with Dr. Aiken with rej,'anl to it. I don't remenil)er exactly wliat I said lo Dr.
Jacoks. He canio up with nio. I chai't remund)er savin;,' to the Doctor the state he fMr. Miudock)
was in. I never said, either to ])r. Aiken or Di'. .Facohs that " f could not <lo anything' with him,
lie was so drunk," nor anything' like that. 1 coidd not have ilone so, as it would 'lot ha\e heeu
the ca.se. Mr. Murdock may have taken .somethiii;;,' that day, may have ha<l a tahlespoon of .S()(;()
whiskey ; lie never took much.

He had no tit of illness, that 1 know of, until Deceiiilier. lie had no lit of illness the
month he made his will. 1 considered him to he a truthful man, — iievi'i', iievi'r knew him to tell
a lie, or to ask anyone to tell a lie for him. I would helieve anything' he said.

QncHlion. — ]3id you ever tell a lie for him :*

Ansirci'. — N(j; not to my knowledne. Me may have had a cold or slin-lit couljIi throiiLfh
the Fall. He hail not a lit of illness immediately after Ste|)lieii Heamish's visit. I wrote letters
for him occasionally, (this marked " No. 2," filed AiiLrust •2()th, lH7(i, and dated Novemiier 2!Kli,
1<S7'), is one of them.) It is in my hand-writiii:.,'. Whenever 1 wrote for him it was at his dicta-
tion. I wrote this letter at his dictation. 1 wrote the words at latter end of this letter, referring' .S()7()
to a deadly fit of illness, at his dictation, i would not liavi' reiiiemheied what he told me witli-
out this letter. I didn't think anything,' aliout what I was writing: Just wrote what he dictated.
He may have heen dispoTideiit that day ; Imt he had not a "deadly lit of illness." That state-
ment in the letter is not correct. He may have heen induced to write in accordance with his
feelinr;s that day, I have no recollection of his heiiiii' low-s])irited that day. This card fmarked
"No. 1," "(}. T. S.") ilated January l.'Uli, IN7ti, is in my liaiul-writiiiL;'. I have heard him spealc
frei[uently of the unkinilnes.s of the I5eaiiiishes. He haihoied illlVeliims a,^aiiist them up to the
time of his death. He harhored illfeelin^s towards Mr. Charles IJeamish. Never heard him
speak kindly towards him in his latter days. He never said he was under any oliIie;ations to Mr.
Beamish. He never told me, that I rememher, that he had anv tliin<' to thank them for. I've .SONO
heard him speak of their unkind treatment to him in Halifax, and that they only came down
hei'e to ^et his money. He may have asked me to write to some niemher of Mr. ( 'harles
Beamish's family, thanking them for kindness; Imt I don't rememher. lie asked nie to write
the card, hut I can't I'ememher that he asked me to write the thinLjs that ai'e in it. I wrote it as
he dictated. He was in the haliit of .n'oiiii^' into his warden weediiiL;". and so on, every day that it
was tit. He in.ay have walked thron^jh his eardeii on a Sunday. I think I have seen him walk-
ing there on Sunday. I did not see the last will made, hut I saw Mr. Solomon and Mr. Weiif/el
come lip on the Monday moi'ning. Mr. Solomon was up the ni;,dit lu^fore. Mr. Murdock told me
W'hen I was readini,' the draft, tliat he intended LCettinif .Mr. Solomon to ro|)y. and I supjiose he
came up the Sunday evenintf referred to in connection with it. ( >f 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

(.4 *■

5-- ;■" '• .

■;.♦•■ il

if:<:'-

♦;.

r;:

'K « .'.'

«r'^, ;» Oi

» f.

s »

►*1V

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

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

■<• 1

i<<

^^M'

*»■ ' ■

-i "It ' *

l^^t.'

.'■ . •''

'%'iis,*.-

* ', •

* i

.?'■'::■(•

/, •) 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<< <rarden,
both a.«* to how it was laid ont, and with regard to the crops in it. lie conversed on that suhje t
with intelligence. When he went there, there was a ruinous building on the ground, the ground
in a very rough state, ii hole left liy the cellar, and he had it brought into ii Htate of good order.
Th(!re was a system observed. I have seen him at work in his garden, lie jiurehased a variety of
tools and showed nu' his tool house. We used to exchange plants and sec-ds. lie borrowcul scvernl
books on bolany from mo. 81,'i0

In conversation, I found him very decided in his views. Snbse()nently to the fire, I heard
him fretpiently refer to the Kiinlback.s in terms of warm s^nipathy ; glad he had an opportunity of
returning their kindness. 1 often saw him with the children when visiting the house, lie secini d
as fond of them as if they wero his own.

During all niy visits, I never obser\ed any marks of disrespcrt betwc'-n him and .Mrs.
KnuHmck. lie treated Mrs. Kaiill)aek with respect and esteem. During all my vi.^its. Mr. .Miirdoik
was treated with great kindness by the Kaulbaeks. I havt; reference now both to Mr. KauHtaek'rt
house and his own. During a visit of two of the Heamisli family 'o Mr. Miirdo<'k, — I don't
remember whether they were both herc! together, (they were Charles and ' think, Stephen IJeam-
ish.) — ho (Mr. Murdock) expressed a good deal of annoyance at their visr "^^lid as much as that HlOO
they didn't come from any love to him, and expressed annoyance about scvnn papers they wanted.
He did not tell nie what papers they were.

Mr. Mnrdoek told me he was staying at the house of Charles Beanu^ii, and that he (Charles
Beamish) came to him one morning, and said that his habit.s of life (the hours he kept, and the
hours that they kept,) were so different from theirs, that, if he could accommodate himself else-
where, perhap,s it would bo better for all. He said that Mrs. Beamish was very particidar about
the hours observed in the family, and that his (Mr. Murdock's) hours were co different, it nuide it
disagreeable. Mr. Murdock made this statement sometime in 1875. I ttiiiik it was on thy occasion
of the visit of the Heamishes referred to. There was no one present when we had this cim-
vcrsation. 8170

I never knew Mr. Murdock to be intoxicated, or under the influence of liquor. During my
conversations with him, I found his mind very clear. In fact, I may say he seemed master of every
subject we talked of. He was a man of extraordinary mind. First, with regard to the powers of
mind themselves, and then with regard to the culture of them. It seemed to have been a lifelong
culture. Ho invariably displayed great learning and ability, — was master of several languages. I
never detected any change in his nund or mental powers from the time I fir.st met him to that of his
last illness.

I derived much information from my conversations with Mr. Murdock.

During all my visits, both at Mr. Kaulback's and Mr. Murdock's house, I never knew Mr.
Kaulback or any of his family to influence .Mr. Murdock, cither directly or indirectly, with regard 8180
to the disposition of his property. 1 never had any reason to believe, during all my visits and
intercourse with Mr. Murdock, that he was not capable of transacting business and thoroughly
understanding the nature of the business in which he was engaged, exce|)t at the time of his illness
in December, 1875.

I remember seeing Mr. Murdock at bis house about the time that Mr. Kaulback went to
Ottawa, in January, 1876. I then found him as intelligent as usual. I remember the time dis-
tinctly, from the fact of his having asked me to write a postal card to Mr. Kaulback at Ottawa, and
a note to Mrs. Kaulback at St. John. The note was at his dictation, the postal card at my own.
I found Mr. Murdock very intelligent at that time, his body weak. His object in getting me to
write was to let them know that he was getting on comfortably. 8100

I never saw Mr. Murdock otherwise than very neat in dress and appearance. Mr. Murdock

!«••'

w «

.J^ .1 '

!?">

l^'

oJ ' A

".♦p »

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

i'f'*\ '.

ill

tf»,

If'

a,.:.

h>'^.

It Ay

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

-*,';

M^.

►»«.

>ji'

•(>".»

y\ s

. '»■!■*

:r:i.

^ f

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*

' ?

>.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 <nvt Tentiiinmtt of
Jiemnish Mardock, late of Lunenljanj, in the Count;/ aforesidil, liarrinlcr, ileceasrd.

The examination of Catherine Peck, of Lunenburg, in the County of Lunenburg, taken
before me, George T. Solomon, Eequire, Judge of the Court of Wills and Proliato, and for grant-
ing letters of Administration, within the County aforesaid, this 27th day of November, A. I).,
1876, who being duly sworn, deposcth and saith :

Question. — Mr. Kaulback has sworn in his examination, to the following winds: "Yes,
I have seen her in that state that she couldn't move. I saw her twice helplessly drunk ; once in the
day she was lying in Mr. Murdock's room on the bed (about two o'clock in the afternoon) in the 83;J0
Autumn of 1874 (about December, or a month or six weeks after Mr. .Murdock moved in the
house.) I saw her at another time, about three weeks after that. I saw her helplessly drunk
again lying on the floor in the kitchen," — is that true or is it false.

Mr. Owen objects, on the ground that it is not relevant to the is.'^uc, or now matter, or sub-
ject matter, for rebuttal, witness having previously stated on her cross and rc-exauiination that she
was not drunk, or words to that eflfcct.

Ansn-er. — I was not drunk ; he never saw me in that state. I never laid on the floor drunk,
nor he never saw me in any other place drunk ; its a false lie. Mr. Kaulback may have been tiglit
himself, and couldn't see whether I was tight. ( i'aken under protest and ol)jocti()ns l)v W ■ II.
Owen.) ■ ' 83-10

Question . —Mr. Kaulback further said in his direct examination : •' But I have seen her on
other occasions, that she could not do her ordinary work about tlio hou^c from tlie effects of licpior.
Have seen her half drunk frequently, so that she could just toddle along, at diflcrcnt times, t'rom
the time she first went up there to when she was discharged," — is that true, or is it not?

Mr. Owen reiterates the objections made to the preceding question.

Anstrer. — It is not true.

Question. — Did you about Christmas, 1871, in Mr. Murdock's house, in presence of Mr.
Murdock and Mr. Kaulback, open a small jug of whiskey, brought no by Mr. Kauli)ack and Mr.
Murdock, take the cork out and fill a tumbler three parts full, and drink it, saying it was verv
good? ■ 83,W

Mr. Owen renews obji ctions.

Anstver. — I did not, sir.

Question. — Did you upon five or six occiisions carry licpior from Mr. Kaulback's house up
to Mr. Murdock's, in about a two-gallon jug.

Objected to a.s jjrcvionsly.

Aiinnrr. — I say it's not ti'Uc, sir.

Qnentian. — Mr. Kaulliack, in referring to a letter that Mr. .Miinlnck had written to .Miss
Crowe, said : " That she followed me and said, ' I want to show you s(jmething,' and urgeil my
return. I did not go back ; but the following evening, or the ne.xt after that, I went u|) to Mr.
Murdock's again, and as I was leaving, Mrs. I'l'ck stopped nie and asked nie to come into the .S.SOO
kitchen. 1 did so. She had an envelopi' in one hand and a note in the other. She said to me,
'read that.' 1 glaneeil at it and asked her where she got it from. She tolil nie that Mr. Murdock
had given it to her to mail, and she had o])eni'd it. 1 ci'nsured her for having openeil that letter,
and told her she had done a very wrong thing; and she lieggeil nie to say nothing about it. I
looked at the envelope ; it was torn so that it could not be put in again, and she tore it, (the letter
and enveh)pe) in half a ilozen pieces, and threw it in the cooking stove," — is that so, or is it not '

Aii><n'i'i: — It is not so, sir.

■ t

¥».'

tert

mil'.

; »•'!

H
B

10+

Qn('ntli)}i. — Mr. Kaullmck furtlior said : " Besides Mi-h. Peck, tluriny the time she was in the
house after I ^n)t there," ((|uesti(in with(h"awn.)

Qafn(l(n\.—iyu\ Mr. Kaulback ever complain to you, in hi.s own house, uf tlie quantity of 8.S70
li({U()r whicli was jjfoin^' up to Mr. Murdock's ?

Ansnrr. — I can't say. Not to my memory.

Cross-examined hy Mr, Owen : —

When I wanted whiskey, I asked Mr. Murdock for it.

Qucufian. — When Mr. Murdock wasn't liome, and you wanted it, were you not in the habit
r.f taking it witliout askinj,' ?

Anmncr. — I'd he a deuced fool to tell you if I did. I liad the privilege of taking it when
I wanted it, whether Mr. Murdock was there or not. I did not takt^ it unless I wanted it. I had
the privilege of taking anything else I wanted of Mr. Murdock, whether to eat or drink.

Quentiov. — Havt! you always been willing to come here at any time and give your iS,'}80
evidence ?

Mr. Ross objects, being irrelevant.

AnHuwr. — I never refused ; I was always willing to come.

I am a legatee under a former will ; there was fifty pounds left me,

Qnt',itlon. — Wert! you in the habit of measuring your drinks, or did you sometimes take
more than at others ^

Mr. Ross obji'cts, being a question to mislead the witness, and tln^ inferi'uce to be drawn
from answer wouhl be an erroneous one.

Ansvo: — I won't answer tlu; (piestion. It's no use to a.sk me about whiskey or anything
else. I've .said all I got to say. .S.'JUO

Questum, — If you ha<l been asked to have attendeil here to liave given evidence on part of
petitioners, on .SOth October last, would you have attended for that purpose ?

Mr. Ross objects.

Answer. — Of course 1 would have come, but I wasn't aske<l.

CATHERINE PECK.

Sworn to at Lunenburg, in the County of Linienburg, the 27th day of November, 1870,
before me,

GEORGE T. SOLOMON,

Judge of Prolxitc.

.M«''

> 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).,

■•• '■>

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 <li<l not say at the same phu r in the latter part of !.S7.">, 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 ma<le hy him, as to the way in which said Murdock left Halifax. I do theiefure, hy virtue of
the power and authority in me vested, authorize ami em|iower you, the said William Howe, to
take the deposition of tin; said Mrs. William II. Morton, continiiiif said deposition or evidenct;
solely, to such rehuttal testimony as is lejfally ailmissihle to relnit the said evideiict! hereinliefore
mentioned, and given hy the said Stannage .lacolis, on saiil cross-examination. Ami also to take
the dejiosition of th(! said ('harles Heamish, in rehuttal of testimony given .solely with refeieiict!
to statements alleged to have heen made hy him as to the way in which said Murdock left Halifax.
And 1 do hereliy authorizi' and empower the said respondents, liy their counsel, to cross-examine
the said Mrs. William if. Morton and Charles lieamish, and that petitioners or their counsel do
give respondents or their coun.sel at least ten "lays' notice of the tiiiii! and ]ilace named hy them
for taking such deposition. And the .said depositions, when taken together, with this warrant,
you will return to this Court on or hefore the tweiity-.sevi'iith day of Novemher next ensuing, the
date liereof.

In testimony whereof 1 have hereunto sc-t my hand and allixed the seal of .said ( 'ourt, at
Lunenburg, in the County aforesaid, this thirtictli day of Octoher, A. I)., icS7(i.

.SI. 10

(L. S.)

OEOIKJK T. SOLOMON, Jiulijr, ,>f 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:

'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<l Court of IVoliato,
Liiuenljiirf,', addressed to William llowe, Ksi|,, Ke^rjstrar of Court of IVoliate, at Halifax, no permmM
appt'uriu;,' to eross-examiiie.

A;,'iies S. Morton, called on liilialf of Petitioners, hein^' sworn, deposes as follows: — 8470

Kxamined liy Mr. ( '. S. Ilnrrinifton.

I am the wife of W'm. II. Morton. 1 resided at one time in Lunenliur;,'. I know Dr. Stan-
iiRf^t^ .Tacolis. I am his cousin. I was in the haMt of liein;^^ in liis house visitin;; every evening,'
after tea, foi' tin; last two years. I ]ia\i' had conservations with him with re^'ard to Mr. Henry
Kaulliack "ivinj^ drinks to llefinush Murdock. I liad such (•oiivcr.sation witli him in his own
liouse ahout the end of I.S7.">. 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<pre me, under and hy cS4!>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-

.«•"

.S.'.OO

,*> I »

?-'n.

tV'S

It' .\

iNV'"'

^^-V*:

U;-.'

i::''.

f^^u!tiilA..-

■rtj;

.'11

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 conse<iuence of either myself or my wife <S.')10
saying that he could not remain there.

('. BEAMISH.

Sworn to at Halifax, this 2")th day of Novendier, A. I). I.s7(i, hefore me, and liy virtue of
Writ of Dedimus liereto annexed.

WILLIAM HOWE,

/M//.s/ /•</(•, ((v.

Mr. C Sydney Harrington acting for Petitioners liere tenders evidence hy Mr. Beamish
and otliers, to rebut testimony given by and on behalf of respondents. He claims that it should
be admitted in accordance with an attidavit which he alk'giis to be on file in the Registry at
Lunenlmrg, anil contends that it is unjust tliat the evidence .should be excluded, and he believes >S.')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.

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.

8.')40

p.^^

I?^.r

fe;*^ *

2* -J « ,

W'^'

I"""** 1'* '

\^, ' '

JL.'*' j' I ".

-(:>"

f ••.

v^. »

* t.

VK*

:i
'i

168

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.

«.).)0

^'i!

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.

8.j,S0

<r ••

iVi.

i' » <

ir'4.

'.Vt

?>/>T!

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

vours a

■^

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.

V. t-

^K*>'"t

Mi*

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<l the drifts of snow so deep.

With my hest thanks to you, and my love to Mrs. B., Minnie, and Mi.ss Henrietta, also to
Akins, if you .should .see him,

I remain, over your affectionate cousin,

(Sgd.) BEAMISH MURDOfK.

Charles Bkamish, Esq.,

101 Queen St., Halifax, N. S.

.s(;:]0

8G40

2 X. (}. T. S.

Li:NEXlU'H(i, nth March, |X7.">.
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

•il'

^|];

„i;

W% "'

'W "■''*

'^t';

fti;:

■! '>: ••■>

',K: ',

"»>,.•., ';•

:hr

;*^:'>t

■ <-*.'

^iw,^-

f^V.U^

Pv-;>.i'

^ll

■i'.aiii

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

, •'•1 ■

:V'

i^'rl^.

fctvJ'.V'

»>'.•«.

!•"»: •>:<

, SHI'

!?«•-,:

>'n

.>(i

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

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 <leticient, inasmuch as there are wanting',—

1. Mr. Lenoir's m()rtgaj»e deed.

2. do. policy of insurance.

3. John M. Crow's mortgage deed.

4. James M. Nislnitt's policy of insurance.

Accept n>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>!

» ', .

|\' .' ». ..

*'^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 impaire<l in hodily strenj^th. and cannot .see a })ook or a newspaper, wltieli
is a .serious loss to me. as I can read no more. It is with difficulty I can mnnai^e to write th<'.se
few lines.

With K'stlove and rej,'ard to yourself. Mrs. B., Minnie and Miss H. James,
I remain ever vour atf'ectionate cousin,

BKAMISH MUUJHH'K.
Chaui-ks Bkamish, Es(/.,

101 Queen Street, Halifax, N. S.

■.''A

.S790

(!. T. S.

,S.SOO

Li;XKN»riMi, Tuesday, Novendier 2!)th, IH?-").
My dear ( 'harles, —

I feel uneasy at r(>ceivinjf no precise information as to the !r<l,0()() draft. Voii j,'av(! me a
written memorandum acknowledjfinj^ the facts of this deposit was lield in your name as an imlem-
nity to tlu! estate of Cogswell, in case they could estahlish any claim agaJTist me. This memoran-

<hnn has disappeared from the old leatln-r pocket-l k in which I kept it. This ami several other

papers of mine have heen missing ever since you were here last. Possilily you may have taken
them by some mistake, as they could have heen of no value to you, most of them having heen in
my pos.se.ssion ahove Hfty years, iieing the gift of my great-aunt who <iied shoitly after, in the
year 1S20. I am old and partially Mind, ami I am not alile to read either piiiit or writing. My
situation is most dej)lorahle, my l)ooks and papers In-ing at any one's mercy. I am not al>le 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!<l,()00. What has heen done ahout it ? and what has heen left undone? I fancy
some letter of yours to me must have miscarrieil, as you woidd have taken care to let me know
what you were doing ahout it. I may he mistaken; hut I do not think that I have as yet
rceived one dollar of the interest or jiriu'-ipal of tin- sinn. You can set me right upon this, as I
know that you keep a correct cash account. I have kept no account myself since J came to
Linicnhurg, more than thiee yeais since, and now am totally uiiahle, from the In.ss of sight to
keep any account if I wished to do so. The mortgages, iVc, I presume, an' all in the small tinnk
where I left them ; hut I can read none of them or know what they contain. You mentioned to
me that you intended to transfer to me a good mortgage foi' i^N+O, and that 1 should receive the
balance of interest and principal in cash, if 1 am wrong in my recollection you can collect me.

When Mr. Stephen Beamish came dowi> 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

.s«20

«<

; i

^ ''il' '

1, . ► ?

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<i.
Dear Cousin, —

I got your letter the other day and was much pleased with it; please accept '■.■,y thanks
for your attention to a half-blind ohl relative. Give my love to your motlier and favher, and to
your Aunt Henrietta. I barely escaped death from paralysis of the brain, but am no v mendinj;.

Believe me, yours affectionately,

(Sgd). BEAMISH MUKDOCK.

H840

F. a. T. .-'. •

LrxKNiu-K(i, Thursday, 12th Au^^ust. I87').
Dear Ma'm, —

As I intend going to Halifax to-morrow, I wish tf) rerpiest you would tnke the sole cliarije
of my hou.se and affairs until I return. I find I am spending more than I can afford.

It is my wish that Mrs. Peck and her daughter Bessie .should have this. I am under obli-
gation to Mrs. Peck for nursing me carefully through a long and severe illness last Winter, and I
regret the necessity I am under, of sending her away. Make what terms or arrangements you
Hee tit with her, ami I will fultil them.

Ever faithfully ytnirs,

(Sd), BEAMISH MURDOCK.

Hon, Mas. Kai'lhack.

.ss.-)0

li.

(1. T. S.

Mrs. Peck.

Monday, Septr. i;kh, 1875.

Dear Madam,— I cannot find the five silver teaspoons I had.
I also mi.ss the small stove and pipe that were in my parlor.
Perhaps you could explain or let mo know what hecame of tliem.
Do not forget to ask Mr. Power t«i return me my green portmanteau.
I am sorry to trouble you, b\it 1 am t<M) poor to replace these articles.

Yours, kc,

(Sd). BEAMISH MIJRDOCK.

8800

;Si'^

II:

T^:i-. •

[,(■.'
^V*,..

^4.: '•

:;l^',^.';^

> f

Pm'->'

I.' J"'

■ 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,'<l.) ' \V. H. N. KArMiACK.

A. (!. T. S.
Wn.L OF 27th ArtJrST. 1.S7.V

This is the last Will and Testament of me, l>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 an<l Ti-stament, revokinvf all
Wills and codicils heretofoi-e made my me.

First, I {jfive and iKMpieath to my lii\cd Ciiusin Thomas 15. Aikins, 1). ( '. L., twenty vnlumcs
of my Itooks, should he be pleased to select the same within one month from time of my decease. S.SilO

I f(ive and iKMpu'ath to ( 'harlcs W. H. 11. Kaulback, of JiUneid)urjf, aforesaid, elilcst son of
Senator Kaulback, all my old ( 'oins and otiier antiipie rdics, whethei' of art, nature, or otherwise.

I j,'ive and bei|Ueath t<t the Hononilile Henry A. N. Kaulback, of !.,unenl)Ur;Lr. afore-^ai-l, my
gold watch with its a|)))endaLres, in token of my esteeiii and fiiendship.

All the rest I'csidue and remainder of my house furtiiture, ^fooiis and chattels. I j;i\e ami
V)e(pieatli to Eunice Sopiiia Kanlbiiel^, wife of sajcl Ibiirv A. N. Kauliiack. toe;ether with the full
sum of four thousand and five hundieil dollars for her sejiarate use ami benetit iluriii;,' her natiirid

life, the .same to be investetl iiv mv Ivveciiters on interest, the interest to li

iiaiu anniiaiiv

to th

SiKM)

.said Eunice Sophia Kaulback. without any personal riL,dit of interference or control by her present
or any future husband, and without any c)iai'i;-e foi' commission for investing,', colleetiiiL,', or other-
wise by either of my Ivxeciitor.s ; ami on her decease, the said principal sinn of four thousand
five hundred <lollars hereliy bei|Ueathed with any interest thereon accruing; or umlrawn, 1 hereby
will and direit to be divided eipially amon:_' her four children, ( 'harles, Edna, Mary, and ilupert
Kaulback, without any charjLi'e Ity niy Executois for anythinj^ done in relation thereto by way of
fonnni.ssion or otherwise.

I efive ami be(pieath to my dear Cousin .Maria Beamish, daui^hter of my trusty friend and
Cousin, Charles Beandsh, of Halifax, in the i'rovince aforesaiil, the sum of one thousand dollars.

I fuither Will and direct that the said Henry A. N. Kaulback, his wife and family have
tlie free and uncontrolled use occupation, and benefit of my dwellinj^ house, garden, and ;,nounds
in the Town of Lunen'nurj.' ,vhich they now occupy, for any term not excei'dinj; thiee years, froin H'.)]()
the time of mv decease, free from all charire for the same, and that the said lieal Estate b

■:lr'

>ld

''•?• .■,.

f-^v?-

X I

n:':

'.*•::;.

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, an<l the proceeds thereof to he eipially divided lietween them.

In tostinutiiy whtMeof, I hereunto set my hand and seal, and |)ulilish and de
last Will and Testament this Twenty-Seventh day of Augrtst, A. I)., One'l'lmusii
and Seventy-Five.

(Sd). MKAMISII MIKDOCK. h. S.j

The ahove in.strunient wa,s on the day of the date thereof dechired liy the testator, iie.iiiiisli
Murdock to he his la.st Will and Testament, and he then acknowledged to each of us that he had
ault.scrihed the same, and we, at his request, signed our names hereto as attesting witnesses in his
presence, and in the presence of each other.

(Sd). WILMA.M Kl.I.IS.

(Sd). (JKO. A. ROSS.

•said

HelMN

>rs of

this, u

ast

said

lleurv

of w

hate\(

r k

ind

dare

this t..

1 M'

lilV

nd K

ight Hiun

red

Ml 20

* 'I

*''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 ' • , •

^*,'

¥i\ ?■ '

l*.'i.r'

^Vf.

"3*^

/^7¥;;->

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 .^ ><I000.()0 N'.MiO

Hank iiitt-n-st 7 in. to 1st Aiiril, 1.S7') 3:i.OO

This snni of inttTfst paid H. Munlock \>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 S<l(iO drawn per Saving's'

Hank ' 1 (lO.OO

Interest thereon as above 3.40 N!>70

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 -fS<rd). H. A. N. K\i i.I!A<k.

^Smn.

('. BKAMISH.

IN TIIR COIRT OF PROBATE, 187(5.

LUNENBURG, SS.

In the muffir of flir f>ri>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<l<,'e of the Court of Probate, in and for the County of liUneiiburi,' : —

The Petition of ('liorlts liiiimixh oml Jlmriettii Jmiien, licHjmtfnll'f xhewetli, —

That your petitiont rs in contesting,' the alle<,'ed la.st will of the late Beamish Murdock,
durinjj the past Sunnner, has lieen jiut to j,'reat expense and inconvenience; that he was obli},'ed,
in conseijuence of the protracted proceedin<,'s before your Court, and in consecjuence of the very
large amuunt of te.stimony received against the objections and protests of petitionei"s' counsel,

.S!),SO

I 1, . ■: •

i,»r'V'

2^.*"

ft^^-.'<

V!(

v.,» ,

;;<■*.{

r>«W,

w*:^ri

170

and whicli, |M-titiont>r Ih lulviscil, arc iiwuliiiissililc iiimI iirilcvaiit, ami wliidi ii'.s|iiiiiilriit |i('isisti'<l H!l!)0
in ^iviii^, til ('iii|il(iy ami stiul finiii Halifax nii siviinl iiccasinns as riainscl Mr. Wi'atiicrli*'. tlic
Hon. Mr. McDnnalil, aixl Mr. ilarrin;;t<in.

That two .scvi-ral ailjoiunnu'iits tool. |ilacc lirfon riH|ioniltntM' ilcl'mcc \va.s fini.slii'd, ami
many <lays wi-rc occiiidcd tlicnin. Tliat diirin;.' tin- cxamiiMition nf" IIh' la>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 an<l Monday morn-

in^r U) suhpu-na and have .said witnesses in attendance; and their attcndatic add not havi I n

pHMMU'cd in any other way, mdess they wer- supposed to have heen in attendance during; the very
protracted period during which the respoiident was e.xamiinn^f his witnesses, which extended at
ditl'crent times, from .some time in the Sunumr, till the end of Octoher.

That your petitioner is informed that no time was ;,dven for jtrocurin;,' the atteiidam-e
of said witnesses, and that as Itefore mentioiietl the Court for the tirst timi- on Monday niornin;;
<k'clared that tlu- evidence should he then clo.sed. !K)2()

That a dedimus was i.ssued to take the exannnation of the petitioner herein for the purpose
of rcliiitting certain evidence of respondent, and also the examination of another witness for the
same purpose; and the same is returnahle on the twenty-seventh instant.

That yuiir VVorsliip cannot le;,fally refuse to receive evidence tendered on the open in;,' of
of the Court vvhi'rc .said dedimus is returnahle; and your petitioner has eviilence of a \ery
important witness to relmt testimony yiven \>y and on hehalf of said icspondent, which will !«•
ready to hu then ten<lered.

Tliat tlie refusal to receive such evidence would ^neatly injure your petitioners, and pre-
vent what your jM^titioners aro informed and verily helieve it, the evidem'c already received is
held to Ik! le^'al evidence, to he important and aihidssihle testimony from heini,' ^dven herein in !M);{()
liis own hehalf.

That yoin- petitioners herehy formally tender witiie.s.ses who shall apjiear re;,nilarly suh-
pn-nacfl, to he examined when your Worship shall he ready to hear them: and yoin- petitioners
.solenndy protest against the cause heiii;; closed w ithout such e\ idence.

Your jietitioners also call your Worshiji's attention to the motion made in aliiflavits already
in ovidence, in relation to the evidence of llev. Mr. Kllis so unjustly and ille;,'ally inti rnipteil hy
respondent ami the other exeoitor, Mr. Owen ; and your petitioniis can scarcely lielieve that yoiu'
Worship will do them .so ^m-at an injustice as to prevent them fiom closing' the examination of
Mr. Ellis.

Y(nir petitioners also protest a;,'ainst the refusal of your Worship to ;,'rant a dedimus for !M)40
the examination of the wife and dau^fhter of the petitioner, Charles Beamish. Your petitioners
pray that your \V<n'.shi|> may make such order as nuiy .secure them justice herein.

■.■'■-•J

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 <if F^iiiniiliiirj,'. in tin- saiil Cuimty, l5ariist(T, ili'|iaitt'i| lliislifc

on the Ninth May of Krl.niaiy. Ih7<», li-avin,';.' Ih, chattels, ami crfiiits to lie aihninistcrfil, an<i

liaviny Hrst thily niaih- ami |iiililishccl his last Will ami Tfstaim-nt in wrif mi^', whcrcl.y In- a|i|inint-

e<| your pi'titioiuT Kxccutor thci f. That .FMSf|ih lidl ami William l!>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<t I f l< ' tll.i Pl':l1l'ltl. f 'iklll'f tllk.l

Han
Hiii

Alltllt'l l/jlll^ f^llt'll in'|''^<'il 1" I.IIIW IIK' 1 11-1 PI f.-^l l/lWII,'^ 1PI LII1' >-«<llM tfir.-ii till Ifi II mill tT lllllllll | | If \^ I * , IHI*

Hail! witm-sscs, as to tin- proof of saiM Will, iimli-r tin- Statnti- nspi'ctin- tin' I'l iliati ('onrt, ami
th(^ pro<M'ilur(' tln-n'on ; ami also aiithnri/.in;^ such pcison to ailministi'i' anil tuki' the oath of ymir
jM'titioncr in writini,', iimlcr saiil Statntc as to the valne of the Kstate of the ilcceaseil.
Ami ns in tlutv Imnnil, \c.

Sil).

!)()<;()

('. I'.KAMISII.

NOTK'K TO I'UoDrcK. N<. IV (i. T. S.

Ll'NKXIlfltfi ColItT OK I'UdllATK.

In the tiiiitfi'r of Ihi' /ironf' iu xiilnnii Ji>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-<l. !(07()

To Hon. Henry A. N. Kanlliack. of linmiihiirLr. ami William II. Owen, K.si|., of Hriilj,'e\vat(.'r,
Exeentors appointeil nmler saiil will.

Take notice that yon will he rei|Mii'eil to pioilnce on the hearim,' of the ahove matter ami
j^ive tlie same in eviileiiee if reiinireil so to ilo, tli'- following; ilocinneiits:

All receipts of money jiaiil l>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'-

!»•■

U t

Ri™

V. <

'I I

ISI

V<uirs, \c.,

liOHT. I. NVKATHKRHK.

I'rortur ,>/ 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,; </,

'/ liiiiinish Martlorh

'I'lJi'Ksi'i

water, Exi

r<» Hon. Henry A. N. KaullMvck. of LiinenI

give th

Tak

cutons, appointed under .said Will,
notice that you will Ito reipiired to prod

nirg, and William H. Owen l<

s((Hir(

of H

ndc'e-

sanie in evidence, if reciuired .so to do tlie f

produce on the liearintr uf tlie ;il

ollowin<' docunieiit.-

le aliove matter, and

I cutain pai)er wntin^r, heinjr or purportinjr to l.e. the last Will and 'I

\T Y '^'i'""" l'"l'^r wruiufr, i)einj,'orpurpu ,.„,.,

Miudock, .iecea.se.I, and partially .le.stroyed l.y th"fire which d

re.st.inicnt of H

leaiiii.sh

liou.se in July, l.S?."), and also tl

Also, another paper writin'T,"l

le ori<finaI draft thereof.

e.stroy.-d said H. A. N. Kaull.ack

lieanush Murdock, d

Septemlier, l«7.'), and also tl

■ceased, and written and

ijX, liein-,' or i)urportinj,' to he, the last W

other Will.s or d

orJLrinal draft.s thereof

executed sometime di

ill and Testament of

I'in.ir tl;e Ninth of Aumist

the drafts tl

locuments purport in;,' to l.e Wills <.f tl

in .said Kanlhaek's hand-writ

!>100

in^^ an<l all 0110

lereof, and yoii will also take i

10 .said iJiamish .Murdock, deee?ise,|, and

secondary evidence will l.e tcn.lerd

lotice that unless fhc said d

oeiUM<'nts ar

Date.l at Lunenl.urf,', thi.s 12th dav ol* \

'<■ produced

uyiist, A. 1)., lcS7(5.

ROUT. I. WEATHKRHE,

'rocfor ,//• J'rfif

loiirrs.

($V'

ku:.

;v t

IN2

NOTICE TO PRODtTCE J. O. T. S.
IN THE COURT OF PROBATE.

CO. LUNENBURG. SS.

In the mailer of the proof in nolemn form oj the last will and testament of Beamish !U20
Mitrdock, late of Lunenburg, in the County of Lunenburtj . liarrinter-at-Law,
deceased.

T'l llolx'it L. Wt-atlu'rlM', Es(|., PnK-fcor of Petitioners and Le^^ateos iiihIoi- will of said Hoainish
Miirdoek, alloyed to liavc lieeii made in Ajtiil, lS7.'» :

Take notice tliat you will U- required to produce, on the luariny of the alK)ve matter, and
j,'ive tlie siime ill evidence, if reiniired, so to do the following docuiin'iits, viz.: Letters from said
iieaniisli Miirdock to Thomas \i. Akins, datetl in Deceiiilter last, and liis aiisweis thereto.

A certJiin pajjir writing, In-ing, or imrjiorting to lie, the liust will and testaiiii-nt of Meamish
M unlock, deceased, < la ted on or al tout the twenty-Hrst day of August, A. 1)., \h7'>. 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.s<i take notice that unless the saiil documents an' produced, .secondary
evidenci' will he teinlered.

Dated at Lunenhurg, this fourteenth day of August, isTti.

Voiirs, etc.,

WILLIAM IL OWEN, !)I40

I')'i>iti)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'<ii)f. Ill siili'inii liifiii.ni tlif Ills! Will mill TimIiIiiiiiiI uf liiiiin isli M ii rdiH'k',
hill nf Lii ni'iiliii rif. ill lliv Ciiiiiilii III' l.ii III iiliii iij Hii rristiriil Liiir. ihinisnl.

To Rohert li. WeatherlM', Prm-tor of petitioners tnid pu'ties iiit.iestrd in -.it ting aside tiu' will of
sjiiil lieaiiiish Murdoek, dteeast'd :

Take Holier tlial \ oil will In ie(|iiirid to produce on tlu' lii'aring of the alwive matter, and !M.')0
give the same ill evidence, if ler|iiiicd, I'l fiifc the .liiilgcuf Pli iliiitf. .-it his ( 'unit the foilowilig

papers and ilocumunts, viz. :

W>-:

'&'

;\' (

'A; \

a.'
\v

tc
M
1 1.'

Ml
til
til

I S.'{

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(<r, 1N7').

Together with all other letters and correspomlence lietween said Beam isli M'udoek and
said Charles Beamish, and said Thomas B. Aikins. And all otln : papers, hooks, and doemnents
in any way relating to, or having any Iiearing upon the aliove matter, or in any way relating
thereto. Dated this Ninth day of August, A. 1).. I.s7(i.

Yours, \c.,

WILLIAM II. OWKN,
Proctor of llfKjtDiiil.'iifs iir Leijatcex, muhu- thr In^t Will mul Tt'.it.inuuf of the luti: liinin'n^li
Mlirdofli, ilcrciiHi'il , tUiti'il .\ orniihi r, 1S7-').

!»l(iO

!)170

F— (i. T. S.

IN THE PROBATE COrilT, ls:fi.

CO. OF LUNENBURG 8S.

In the mniti r of llic fiinof, in milii.ri) firm of l<ni\ uf thr hinf Will iioil Ti'kIii nn'iil i>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.. ls7<i, before me. | (Sgd.) ROl'.. L. \Vi;.\'ril KKIdv 92'i()

(Sgd.j ' (iKH. T. Soi.HMoN, ,//(,/,/(' (./■ /'/■,)/..(/(.

It*

>IA

■:fi

S'^^l

,!i.'.

'•f}

^;v^

•'.M

LUNENBURO, SS.

184

|_(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', nm<li! in
this niattiT in n-fficno)' to the t.-vidcncf of William Ellis, ami that the contents thereof is true
ami correet. (S.l) (JEO. A. ROSS.

Sworn to In^ftm me, at Lunenljury, this Kith ilay of Au^'Ust, A.L). I.S7(i.
(Sil) (iKO. T. Sdl.oMMN,

Jndijf of I'ri/liiite.

!)2I0

LUNEMiinRO, SS.

J_(}. T. S.
IN THE COITRT OK PROBATE. 1S70.

In the matter of the proof in 8oleimi form of Ian- of the hint Will and Textdment of Jhamish i]fnr-
dock, of Luniuhunj, in tlie County of Lanenhunj, iinrrlntit-nt-Lnir, deeeaned.

I, Henry Arer.hur;,', of Lunenliur;^, in tlie County of F^unenliur;,', mariner, make oath and
say as follows: That I have heanl leau the atH<lavit made liy Robert L. Weatherbe in this matter, 'J220
in referenco to the t<.Mtimony of William Ellis, and that the contents of said atiidavit are true ami

(Sd) HENRY ARENRL'RG.

Swoni to at IjUiieiihin-j,', l>efore 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. I87<i. " f

(SdJ Uku. T. SuLoMuN,

Judije of I'roliide

A— g7i'. S.
IN THE PROBATE COURT, 187<).

LuiminsnRo, ss.

In the matti r nf the proof in Hole, nn form of the InM mill and, titttuinent of lietmiinh Murdock, late
of LiDienhury, in the County of Lmiinharij, liiirrinler-ot-Lita', deceased.

1, Williaiii II Owcii i>f Bridgewater, in the (.'oiintyof liiinenhiirg, Barristor-at-Law, Proctor
of thu Respondent^ in tliouljove matter make ualh and say as follows ;

9230

0240

W''>'-

.mi-:. . .

p.'

..,;t

I ,»•.

18:.

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|i<l not mention to
what (hite he had refei-ence, in accoidance with my solicitation, hut once or perhaps twice icferied
the witness to the word " ever' " which, in my opinion, did not divest the said William Kllis of the
inii)iession tliat said Ilohcrt WeatherVie alluded to said visits when said .Murdock was li\ iiit; alone !t27')
he fore said fire and hefore Mr. Kaulha<k moved into his house, whereupon 1, this deponent, renew-
ed my a|)plication to said Wt!atheri)i!, and a-iked him t » state to sai I witness up to what date he had
reference, without in any way makin.,' or int ndiii;,' to mak- any sii<,'i,'estion to said witness on either
of said occasions as to any particular date, afti'f which said witni-ss stated oreNj>laini(| 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)
un<h'rstood the <piestIon i'ef<'rred to, replied in the adirmative, yet I was fully convinced that said
Ellis still iinc<.>nsciously 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). Ifs7<i. he- '
fore l"e, J;

(ii:ou<n: T. Sni.nMdN,

Jn<lijf of Prnbdtt.

(Sd)

WliddAM II. OWKN.

' i|

4;i .■ • j» •

»«.

vry-

'".:■*

;^i

COrUT OV WILLS AM) PUOHAIK. !»:U)0

OO. LUNENBURG, 88.

At a Court of IVciltatc Imltlfii at LuiH'iiI'm;:, in tlir ('niintv uf liimtiihur;;, in ihr Pro\ iiu'i- of

Novil Scotill, iMfiMc llic, (iridLf I' S<p|iillln||. .Illti;;i' III' I'lnlilltr ful sllid ('i)UlltV. "II tlic

twciity-lit'tli <l)iy uf May la>t 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, <ltffa>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 considere<l the whole proceedings had and done helore inc in the matter, and hav- 9340
ing he.ird the said parties hy their rcs|)cctive Proctors, Counsel and Attornics, and also all the evi-
dence given by the Hubscrihing witnesses to the said alleged Will, and tlu' evidence adduced hy said
petitioners against the validity thereof, on the grounds set forth in their said petition, and having
heard the evidence given on hehalf of the respondent's in rebuttal to the same, and having carefully
weighed and examined all the documentary testimony given in by the said Proctor's, respectively,
and now on tile in the Registry of said Cou , and also having looked into and examined the law
bearing on the cas<' ; I am of opinion, first that the said alleged will of the said Meainish Murdoek,
now in dispute, bearing date the fifteenth day of NovemV)er, in the year of our Lord, one thousand
eight hundred and seventy-live, was rightly and duly made, and executed according to law by the
said Beamish Murdoek, now de. cased, that he was at the time he executed the same, of sound and 9350
disposing mind, memory and understanding, and well knew and understood the contents of said Will

-.%.

IMAGE EVALUATION
TEST TARGET (MT-3)

7/ ^

*.0

1.0

I.I

IIM 12.5

IIIM 12.2

IIM

IIUO

2.0

1.8

1.25 1.4

1.6

6" —

►

-^-

■<^.

"w^'^

Photographic

Sdences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14S80

(716) 872-4503

<'* ''i

i^VJ

>1"

>:'i

!,. ,*

^.;>r

3N, , .

|Vv,>.

p,/^'

Y?^

ty\

187

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

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<nni.sli Jfurdi.'eL; hde

of Lauenharg, in the Cuvvty of Luvenhurg and Province (f Nova

tScofia, Queen's Counsel and Doctor of Civil Lav, dr.., deceased.

Take notice that Charles Beamish and Henrietta James, both legatees under the alleged Will of said 9380
Beamish Murdock, bearing date the sixth day of April, A.D., 1875, the Petitioners herein will
appeal against the order, sentence, or decree of the Judge of Probate in the above matter, dated
- 18lh March, A.U., 1877, as being against law and evidence on the following grounds: —

Judge.

Will.

1. Because the Decree is against law and evidence.

2. On the ground of the improper reception and rejection of evidence by the Worshipful

3. On the ground of undue influence by those supporting the Will.

4. On the ground of undue and improper influence by H. A. N. Kaulback in obtaining the

5. On the ground of undue and improper influence used by II. A. N. Kaulback and his 9390
wife and family.

6. Because the Testator was not at the time of the making the last Will, of a sound df spos-
ing mind and memory.

7. Because deceased was not in relation to his cousin Charles Beamish ard his daughter,
and the other petitioaer and his aged nurse, to \i'hom he had shortly previous bequeathed a portion
of his property of a free and disposing mind and capacity and of a sound and unbiassed judgment and
understanding.

8. Because the said Testator was not aware of the effect of the terms of the said Will as

I'\^

\^t\'

k«V.,

►»«

^>^.

^^<y.

\ ^

J .1 '

:•*.<

's: t .

># *'»

[i» A

> «

1S8

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.

-■;

> ■■'

i|^i

- *

It ■ ■ ■>■

:?,;»..

*, '■'

iiwl

^;«i\:'-;

353:^

189

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.

«.■*'

' >

1^; ;

■'"•1

'.:->

'V.

kC.'

'v"l ' I 1

^♦■.^'

l-y«..

1<)0

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<l was calm, rational and clear. (175). Mr. Wentzell and I left the house to- 9540
gether. Testator at that time appeared to ho calm, pleasant and self-po.ssessed,and in fact was so."
(245.)

Wentzell says " at the execution Testator overhauled the wid as if he ivad it until hi; was to
end — I think from 15 to 18 minutes — he put his finger along every line or the greater part as he
went along — lie said he was very thankful, hecause his eye-sight was very good that morning —
better than for some time — it was a fine day. When he had finished reading it, Mr. Kaulhack

I I

iil

Iv'l ■'

'kii
'}' ' '•>

■'■• *

1 1 , / -

It*'' '

loa

(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;,'e<l
incapacity of the Testator. Th^ in it -rial witnesses on this point are Outraui, Tohin, Heaniish and
the two Pecks.

Outrani.a Halifax merchant, had known Mr. M. for twenty yeais and saw him in Septemlier.
Its7-'). He says, " I found a- j^rriit chan^fe in him from the last time I saw him. I handed him a
letter from my father. I wa.si,'ivatly shocked at his appearance, he had chanj^ed so much. (I l()7j. Me
seemed to he ipiite ii;d)ecile, did not know me." fllTOj. " I handeil him the lettci - he handed it
l)ack t.o me and asked me ti^ read it to him, said he ('Duldu't see. I reail it to him and he did not seem to
take any interest in it at all and unide no comment upon it, his mind seemed to nie to l>e <,'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<l could hardly walk ; hi' told me his hearing
Wf.s getting bail ; his eyesight was getting bad,and he was fei'ltle both in luiml and body." (I'A)')). " In
September I don't think he was capable of making a will ; he appeared to me to be perfectly simple
as a child. I could coniparo him to nothing else but a child in his whole appearance and maiUKir;
he appeared to be dull, heavy and silly; (I.'jUO) it left an impression on my inind that his mind was not
sane. (1(120) From September down to liis death he was not.according to my judgment, inatitstateto
understand or appreciate business mattei-s. (1770) I asked Mr. Kaulback in Oct. to all<;w me to have

5)550

9560

5)570

5)580

9590

i ■

«l

"1' '• ■ ■

3^ 4 *

.^5,

;.».■<. .^

/*''

> ;' '

f'. >' '^

:jf'''-r'

fy I

■ y.',.

'' *

193

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, an<l I shall e.\tract from it a few of the most striking pas-
.sagtKS. Mr. Norwood speaks mainly of the month of June, 187-"). He says, " I found Mr. M.'s
conversation intelligent and his memory clear. The whole tone of his conveisation and I)earing indiea- 9610
ted mental vigor." (3088, 3105) Mr. Ellis says, "Between the 1st of Aug. and the time of his decease
I visited him once or twice a month, on an average, as one of the ministers of tiie parish. The
state of his mind was very clear : he certainly knew what he was about. I slmuld never have
dreamed of thinking liiiii an insane man. On religious matters he iieid his views tenaciously. I
always looked upon him as a man of very strong will and determination. He argued clearly and logi-
cally. I always foiuid his memory good. (.S()10,36()0) During the whole time of my ac(iuaintance with
him I never knew him to be under the influence of or affected by whiskey or li(iuor.(.S(i.").")) I considered
him perfectly .sane on the subject of religion and Christ, as sane a man as I ever met, but I did not con-
side!' his arguments sound." I cite Rev. ilr. Owen, here, as the remaining clergyman He had
made acquaintance with Mr. M. in 1872, and .saw him freijuently up to IS7(). He says, " 1 never 9620
knew him to be intoxicated or under the influence of liquor. During my eonveisations with him I
foun<l his mind very cleai'. In fact, he seemed master of every subject Me talked of. He was a
man of extraordinary mind. I never detected any change in his mind or mental ])owers from the
time I fir.st methim to tliPotof his last illness. (8170) I never had any reason to believe, during all my
visits and intercourses with Mr. M., tha^^. he was not capable of transacting business and thoroughly
understanding the nature of the business in which he was engaged, exeejit at the time of his ill-
ness in December, 187."). (8180) I never saw Mr. M. otherwise than very neat in dress and ap-
appearance. (8190) His memory was excellent with regard to history and his past political life.
I saw no change in his memory." (8210)

Dr. Jacobs also knew Mi'. M. from 1872 to 187(i, and was his medical attendant. He says " I 9630
was in the hal)it of visiting the houst; three or four times a week ami socially in the evenings. Mr.
Murdoch was very particular al)out his clotluis and <lress and about his cleanliness. (76').')) When I first
became acquainted with him in I872,his mind was clear ami sound. (77.')o) In Nov. 187') his mind was
as clear as when I first .saw him in 1872. His mind on the l.'>th 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

• (

'' '■ \

» ' .*'

*^y .

i i'^^i t

, <i:

,v *,,.

■ \ 1 '

* ,

I *

S ' •

)

Ir''

' \

h*'V •

\ '

: >,*

1^ '

■\

>* * \

?♦'

L .»

P! .'

i "'.'I

194

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<l not stimd in
the same relation to the Testator as if they had been more clo.-cly coiiiiecti'il. Assuming them to be
cousins, as he himself repeatedly calls them, they have not the same claim in the eyi' of the law as

9(540

9650

9()60

9070

9680

ill

i!'(

fer. t., '

£■/■ I .

|.v- i;'

v« ■; ■ • ,

*S";' ^.- ,

<>.■;,•■>•'

^H"-/ ^

*>... ■,,■ ■

^-1. ;•••■'■ .. ,

U," ■

",;fi' 1 I ;

«■'-•■

;*^'v . ^ ;•

[t'oU'i \

SkHil'.s' i >

Mfft-^-"'* f ;. ^

Wv^^'' ' ''

»-•■''.''■'■•

^^'•^ ' ■'

MRi-m( .■ :■- i . 5

^i;^^.;^.:

P^t'- ' ■

Bj.*.^',' ' ' '•'

Pf'v

|Hfcy;-j.'. ' -v

HIsi ■'*,•'■

iv;}:^

195

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 1<S(!!), which have been freely incorpor-
ati'd with the arguments .s(>nt 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
testat<jr must be a free agent, having the power, if he had the will to do or not to do any given 9700
act.

In Sefton vs. Hopwood, 1 F. and F., .'j78, Cres.swell, J., directed the jury as to tlu' law thus in
18").'): " It is not sutlicieiit, in order to make a will, that a man should l)e able to maintain an
ordinary conversation and to answer familiar and easy cpiestions. He must havt! moi'e nund than
suiHces for that. He must have what old lawyers call a dis[)osing mind ; he nnist lie able to dis-
pose of his property with und'Tstamling ainl reason. The subji.'ct c)f undue intluenci; as to the
procuring of wills has been a i.nod deal diseusscd of l.ile years, and 1 think tliat the law, as at
pnsont understood, has somewiat modified tlie eiirlicr opinions on thesubject. The influence to
invalidate a will is not the infl'ience of mere persuasion. It must be an influence depriving tlui
party of his judgment and his Tree action ; it must be such an influence as induces you to think 9710
that the will, when executed, is not the will he desires to execute, tliat he does not benefit the
paities wliom he would wish to benefit, and tlu'refore that is not his will."

Then comes the case of Foyse vs. Rossborongh, in 18.')7, (! H. of L. cases, folio V.\. when the
Lord (y'liancellor said :

" If the person by whom a will is made, though good so fiir as relates to its execiitinii ami
attestation, was not at the time it was made of sullicirnt mental capacity to enable him to dispose^
of his pi'operty, or if having siitHeieiit disposing iiiiii<l, lie executed it under coercion, or under the
in1luence(jf fear, or in coiweiiuincc t>f iiiiprcssiiins <Meated in his mind by fraudulent misrepii'seiita-
tions — in none of tiiese cases n.n tlu^ instrument bi' properly drsciibeil as being hi> 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

I' i il

\ ■*

' « s

kit ". ^

U5 *».•:'-.

IJ'.

,*< ; < * . ,

?^V;v*

xt , * '

^^':v'

r .»''

n\", '

v> >* ] 1

.<- .

^^"J."'.. '

<\^ 1 ^

; 1

f ^

iw'

ft i

*• r

,» V

^'*:^ i'

^1/ •

?'', ' ,

*^' •% . >?

i 1 » J

. '' *

» = j'

» * M

^■*^■" ;

V. .; /

MKV t > /

W^'i ^.

'^^ ' ' '

Kk ^ * ^

^;,\; '

^'.''*' \

i^^'^t '*'

^Htj^ ^

Bng V J

BMC^(^ 1 *

^K>''

^■fl^ ' ''

ii^.. :

196

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<lence where he says, refeiring to tlie will of 21st August, which 9740
was undoubtedly the testator's, " The first remembrance I have with regard to that will was about
the first of November, Mr. Murdoch had it then lying on the table, in his library, with erasui-es
and alterations, and he asked me to copy it. The.se interlineations and ei-asures were in his
own handwriting. I followed exactly the paper as altered and amended. I sat down at a desk
and Mr. Murdoch alongside when I copied it. He added to it verbally, which I followed verba-
tim as lie gave it to me In several parts of it he stopped me and added to it, I writing down his
words."

" After I had finished the copy, he asked me to read it over to him and I read it. He then
requested me to engioss it. He assented to it that it was correct. I declined to engross it and gave
my reasons for it." 9750

With this definition before us coming from a master mind, what are we to say to the general
.scope and purport of the evidence I have cited. It has swollen to a volume of nearly 2000 fol's.
but I am not aware that I have omitted any material fact. Mr. Kaulback's own testimony would
greatly strengthen his case. He denies in the strongest terms the exeicise of any influence what- »

ever on the mind or dispositions of the Testator. The draft of the will he wrote at the instance of
Mr. Murdoch with the alterations he suggested was founded on the will of Aug., 1875. There is
no evidence of any deception or threat — of any coercion or criminal inducement held out, and we
could not set aside the will of 15th Nov,, on the ground of undue influence, without rejecting a
vast body of evidence wliich no court can overlook. That of the Rev. Mr. Owen, of Dr. Jacobs
and of the two subscribing witnesses, to .say nothing of the others, it is impossible to disbelieve. 9760

Still the entire rejection of the Beamish family, the tone of the Testator's lettera, the sudden
change of his aftections and his purpose and the evidence of Messrs. Outram & Tobin materially
induced and justified this extended inquiry, and therefore while dismissing the appeal, I am not
disposed to mulct the appellants in costs, but would direct each party to bear his own.

i ti

''y\

'% "i '

% '.• V
'i " PI

ill ■ It ' iS •
" t,. > "

I *i,<iA' I'l

■1 <

•'t 1

k'' I

lu '

f'^i

'. I

1-.^, h '

£ .?

In re beamish MURDOCH'S WILL.

DesBarres, J,

I have read over the voluminous evidence taken in tliis case with a great deal of care and
attention, and feel myself called upon, after full consideration, to expiess my concurrence in the
judgment just delivered by the Chief Justice, being of opinion that although at the tiuie the Tes-
tator executed this will the body may have been exceedingly weak, the mind was sound. 1 have 9770
ktiown Mr. Murdoch, the Testator, from early boyhoorl, and from what I know of liim I do not
think he was likely to be swayed or influenced by any person in the disposition of his property.
It has been very properly said that we must be governed entirely by the evidence, and looking at
th.it alone I do not see how we can come to any other conclusion than that arrived at by the learn-
ed Chief Justice, after weighing the evidence with all the care the case demanded at our hands.
There was certainly some ground to induce the parties claiming as devisers, under a former will of
Mr. Murdoch, to institute the inquiry which has been made ; but the evidence produced by them
to invalidate his last will has, in my view, been outweighed by that brought in support of it, which
mtist for that reason be sustained. I think, however, that under the circumstances each party ought
to bear his own costs. 9780

In rk beamish MURDOCH'S WILL.

McDonald, J., was not present at the argument.

Smith, J. Upon the same principles that have governed the Chief Justice in comi'ig to his
judgment, I feel constrained to concur. What we may know outside of the evidence on the record
cannot influence us in coming to our decision, and on looking at the evidence, as I have done, very
carefully, I find the weight of it to be of such a character as to constrain me to concur in the
ju Igment of the Chief Justice. But I dissent from both of the opinions that have been delivered
on one point, in that I think the costs should be paid out of the estate.

James, J., delivered the following oral judgment : I concur in the opinion expressed by my
learned brother. Smith, that though the judgment should be for the appellee, the costs, in the very
remarkable circumstances of this case, should be paid out of the estate. I would have preferred
delivering a written judgment, but the evidence is very voluminous and contradictory, and it was
requisite that I should examine a large number of legal decisions bearing upon it. It was only at
the last moment that, with considerable doubt and difficulty, I have arrived at the conclusion that
the will ought to be sustained, and I have not since had time to prepare a written opinion.

The portions I wish to establish are that the case has come properly before us, that the appeal
Wfis not only justifiable but absolutely necessaiy, that the case required the investigation of the best
legal minds of the Province, which it had not previously had, and that to have allowed the matter
to rest on the investigation it received at Lunenburg would have been most un.satisfactory, I am
sure very much to the learned Judge for that County, by whom the decree was given.

In order to establish these portions which, if they are sound, necessarily entitle the appellant to
have the costs paid out of the estate, I must give a sketch, very incomplete of necessity, of some of
the principal points of the evidence ; and in so doing I shall confine my.self alrhost exclusively to

9790

9800

I'M
y/y' :

<■)

Pt;; ••^t

,*»',

•it'

^'y if

Wf:

*'i»-" ■■■>■■ |i

Si*,' ■'? .,'■

urn

(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
<li)!er consideralily, as to his apjiaieiit a;L,'e, imt 7') was the aL,'e placed on the lid of his coHiii, and we
have evidence, of which we cai. take judicial notice, that lie was not of less aj,'t!, inasmuch as he
was admitteil as an attorney of this Court, as appears Ity our records, in |,S2I. My law he could
not lie admitted until 21 years of ajfe, so tliat he must liave lieeii 1m, rn at least as early as IMOO. He
was a small, thin man, and not at all i-olmst or of active haliits.

When he went to Lunenhur;,' in 1.S72, after residin;,' some time at a hotel, he purcliased a
house, in which he resided, from Mr. Katilliack, with wliom and his family he was exceediiiely iiiti-
niiite while in Lunenlmri,'. In the spring,' of 1S7I-, owinj; appaicTitiy to some ditieivnee with Kaul-
hack, h(! .soM his house and removed to Halifax ; lait retuiiied to liUiieiihurj.^ after a few montiis,
duiinj,' which he was a ^ood deal at the liouse of .Mr. Heamish, the appellant. Indeed, there hail
Itecn a very loiii^ and close iutiiiiacv lietween Murdoch and his cousin, Beamish. On his return to
Li'iienhure' he had an interview with Kaiilliiick, and asked K. to take him into his hous(^ as a
boarder. I e^ive Mi\ KauUiack's reply in his own words (line l!.")2j: " I reiiiemlier two ohjections
" I raised; 1st, that he had heeii an old liachelor so loiiif that he mii,dit not care to eonform to the
" rules of my house. In the next place I said it was lieiiealh my di;,fnity to take him j's a hoarder
" or lodjfer, and that parties mi;^ht say that I ;.fot Idm there to i,'et his property." So he I'csolved
to go to housokeoping, and Mr. Kaiiihack sold him fuiother house.

Tliis conver.sation took place on his return from Halifax, in the autumn of I.S74. Seven oi-
eijilit months hefon^ the makiiiif of tlie first of the live wills, of which we have any evidence. In
that will he left Mr. Kaulhack's family half of his jirojurty. This convi-rsation contains the fiist
mention we lia\o in the evidence of any such idea as .Murdoch leaving' any property to Mr. Kaul-
ba.;k ; audit is noteworthy that the first sue;;;estion came from Kaiilliack. It proves, at least, tha'..
sueh a possibility had occurred to his mind. As for that jmssihility heiiiLf an ohjeetioii to takin^r
him as a boarder it seems straii'^e (and the siiiiiiticanee of this riMuark will presently appear) tlinc
if taking him to board for a pecuniary eipiivaleiit was open to that objection, Mr. Kaulback taking
hii 1 to board at his table ijrdfis would lie much more so. Let us see from Mr. Kaulhack's testimony
C4l(i4) wjiat were the relations which immediately aftei' subsisted between them, and continued
until shortly before his death. "From the time Mr. Murdoch came to Lunenburg, in 1.S72, up to
" the time I left for Ottawa, in 1874, he was coiistaiitly, I may say daily, at my house. Hi^ was
" often to bieakfast, yet oftener to dinner, and was never absent from tea, unless from sonic parti-
" cular reason; and he would generally give the reason for his absence. From the time lie ri'turned
'' f-oni Halifax, in autumn, 1874, up to the time of my Hie, in 187.'), he was more freipiently to my
'' house to breakfast and dinner even than he had been previously. In fact, he had the run of my
"hoij.se; lie'd go from the parlor to the kitchen, up stairs and into tlie garden freipiently, with

5)810

9820

9830

9840

■V ti

\■<:^cY■■'

;.>;■■■

m^::

,1,^

m:i;:]^^f

7H'

"4 1 'I

l.!:''

Cl"'' ''«*'

ffvl.

^iw

^'*t;

^'m

199

" 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

WA 'A

'#f(

i'::v

ifl'A

\l{ a ,'*

200

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 <piantity necessary to stimulate him to
the point of liighest mental activity. VVe have few instances given in the evidence of his indidging
to the point of absolute drunkenin^ss, nor does it api)ear that he was in( ited to drink to excess by
Kaulback or his friends; on the contrary, the powerful intliUMice which Kaulback bad over him was
exercised, with good eli'ecf, in preventing him from indtdging to that excess. idiJOI).

'Ibis was the condition of affairs until Kaulback's house was burned in .luly, IST"). He and bis
family were then invited by Murdoch to share his bou.se, wideli tluy did until his death, in tlie follow-
ing February We know that during that time the house was supplied with li(iuor, imported ftir the 9930
joint use of Murdoch and Kaulback. ami his habits appear to have continued the same until his
decease.

During the period while his habits were such as I have described — that is between .\pril and
NoviMnber, 187/5 — he made no less than five different wills. He paid a visit to Halifax in .A|>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

*!'

,•<;/■■ J

;'«}

li'r

■j'..'*^,''''.

i'l'A;*

?^i;i;*.

?K^

i^'

201

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

in-','- -fi.

t ■.■■**. 1. ; ■-•■ ,

■1. "1- '

■I

Iff

^^'a ■ ■

K, .,.r, ,A.

P^^^'l

s*"' ■■ ft
r'.iU '

202

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

■•■1.* '.

>'''■"•« I'"/ '

'^•i'*L'

■ivMv

Ki6,

' r\n"m wtW H!n. t M

208

" 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'<fc3rd January ^1879.
On motion of Mr. MacCoy, Q. C, ) By the Court,

Counsel for Appellee. > (Signed) M. I. Wii.kins, Prothy.

?*^::.-'.>

■■k

J- , ::it

♦:^*:'t^

204

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.

';(»n

■'■f

-■■■' I't
pi : >

^B^-'^

*■ ■■■!*.' Iff,

^11

m
M

."»i

205

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, <kc., deceased.

Charles Beamish et. al.. Appellants.

and
H. A. N. Kaulback, et. al., Respondents.

J, Martin I. Wilkins, Prothonotary of Her Majesty's Supreme Court at Halifax, in the Province
of Nova Scotia, in the Daminion of Canada,

Do hereby certify that hereunto annexed are true and correct copies of the case herein, stated by
the parties, pursuant to the Rules of the Supreme Court in that behalf, and the Supreme and Exchequer

11030

*•

«'

r!i< 1

,»■ ^-^

Mil M

«' : il^

»'!■■■ 'I'.

^*-*,

floe

Court Act ; iacluding the opinion* of the Chief Juitice and DesBarres, Smith and Jamea, J. J., and 11040
the orders for extending the time for appeal anc! allonring the appeal.

And I certify that tho Appellant haa given proper security by a deposit of five hundred doUart,
approved by u Judge of the Supreme Court, a copy of the certificate of which under the Seal of this
Court is hereto annexed.

In^witness whereof, I have affixed hereto the Seal of H« Majesty's Supreme Court at Halifax,
J T> ^ Y day of February, A. D., 1879.

M. I. WILKINS.

Frothy.

in the Province and Dominion aforesaid, this

[L.S.]