FREE BOOKS

Author's List




PREV.   NEXT  
|<   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54  
55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   >>   >|  
the case of Lyon _v._ Home as reported in the Law Reports (6 Equity, 655), ... and perhaps the following comments may be useful to you. "It is certainly the fact that the judge discredited the evidence of Mrs. Lyon. He said: 'Reliance cannot be placed on her testimony.... It would be unjust to found on it a decree against any man, save in so far as what she has sworn to may be corroborated by written documents, or unimpeached witnesses, or incontrovertible facts.' "Having, then, eventually decided against Home, it follows that the judge must have considered that her evidence was corroborated in some or other of the ways mentioned." Mr. H. Arthur Smith further says: "There was also an admitted letter from Mrs. Lyon to Home, in which she stated that she presented him with the L24,000 as an '_entirely free gift_.' This, she said, was written by her at Home's dictation, under magnetic influence." Mr. H. Arthur Smith proceeds to discuss the "corroborative evidence which led to the judge's final opinion." He then remarks:-- "Now it must, I think, be admitted that considering the extraordinary character of Mrs. Lyon's conduct, and the swiftness with which she reached her decision to transfer her property to Home, such evidence as the above may reasonably be deemed corroborative of her assertion that she was induced to act as she did by the effects of Home's spiritualistic pretensions.... There was sufficient ... in my opinion, to establish the plaintiff's case. It is not then true that 'Home was made to restore the money, because, being a professed medium, it was likely that he should have induced her in the way he did.' The Court held the law to be that such transactions as those in question cannot be upheld, 'unless the Court is quite satisfied that they are acts of pure volition uninfluenced.' ... There was evidence of considerable weight, that as a matter of fact ... Home did work on the mind of Mrs. Lyon by means of spiritualistic devices, and further that he did so by suggesting communications from her deceased husband. Whether this is to Home's discredit or not of course will be decided according to one's belief in Spiritualism and the reality of her husband's interference.... H. ARTHUR SMITH. 1 NEW SQUARE, LINCOLN'S INN, _
PREV.   NEXT  
|<   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54  
55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   >>   >|  



Top keywords:
evidence
 

decided

 

corroborated

 

spiritualistic

 

written

 

corroborative

 
opinion
 

Arthur

 

admitted

 

induced


husband

 

transactions

 

effects

 

pretensions

 
sufficient
 

assertion

 

deemed

 

establish

 

plaintiff

 

professed


medium
 

restore

 

considerable

 
belief
 
Spiritualism
 

Whether

 

discredit

 

reality

 

interference

 

LINCOLN


SQUARE

 

ARTHUR

 

deceased

 

communications

 

satisfied

 

question

 

upheld

 
volition
 

devices

 

suggesting


uninfluenced

 

weight

 
matter
 
decree
 

documents

 

Having

 
eventually
 

incontrovertible

 
unimpeached
 

witnesses