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,
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