The English Bench and Bar of To-day.
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destruction of this theory that Mr. Clarke's through the grades of postulant and novice, cross-examinations and the first part of his she became a professed member of the so speech were directed. During the delivery, ciety, and bound herself to observe ( inter however, of the speech for the defence, Sir alia ) the rules of poverty, chastity, and obedi Charles Russell appears to have hit upon a ence by which the sisterhood wAs regulated, new solution of the problem in issue; namely, and which were made known to her when that the chloroform might have been swal she became an associate. These rules were lowed by the deceased in a glass of water drawn up by Nihill. The rule of poverty while in a state of consciousness. Before required the member to give up all her prop Clarke had concluded his address the Court erty, either to her relatives or to the poor adjourned for lunch; and during the inter or to the sisterhood itself; but the forms in val the Attorney-General brought his fresh the schedule to the rule were in favor of the explanation of the " administration " difficulty sisterhood, and provided that property, made under the notice of his opponent. Mr. Clarke over to the lady superior, should be held by her made no allusion to it in the latter part of his in trust for the general purposes of the sister speech. Then Sir Charles Russell's turn hood. The rule of obedience required the came. To the surprise of everybody he pro member to regard the voice of her superior as ceeded to lay his afterthought before the the voice of God. The rules also enjoined that jury! Mr. Clarke emphatically objected, no sister should seek advice of any extern and Mr. Justice Wills duly observed, in the without the superior's leave. Within a few course of his summing up, that the case must days after becoming a member, Miss Allcard be decided on the issues upon which it had made a will, bequeathing all her property to been fought throughout. The Attorney-Gen Miss Skinner; and in 1872 and 1874 she eral's mistakes, a brilliant defence by Mr. handed over and transferred to this lady Clarke, and the intrinsic weakness of the several large sums of money and railway case for the prosecution secured the acquit stock of which she had become possessed. tal of the prisoner. The jury found that In May, 1879, she left the sisterhood, and although there were circumstances of grave immediately revoked her will, but made no suspicion, the evidence was not strong enough demand for the return of her property until to justify a conviction. By English law, this 1885, when she commenced an action against is a verdict of " not guilty; in Scotland it Miss Skinner, with that view. The legal would have been " not proven." ground for the action was an allegation that In 1887 Sir Charles Russell and Sir Edward the transfers in question had been made Clarke were once more opposed, in Allcard while the plaintiff was under the paramount vs. Skinner ( Law Reports, 36 Chan. Div. and undue influence of the defendant, and 145 ), — one of the most remarkable suits in without any impartial or separate advice. Sir Charles Russell and Mr. Finlay ( whose modern times. The facts were as follows : In 1868 Miss M. A. Allcard, a young lady careers we will sketch in subsequent papers ) of property, was introduced by the Rev. D. represented Miss Allcard. Sir Edward Clarke Nihill, her spiritual director and confessor, was leading counsel for Miss Skinner. Mr. Justice Kekewich, before whom the action to Miss Skinner, the lady superior of a Prot estant institution known as " The Sisters of was tried, and the Court of Appeal ( Lord the Poor." Mr. Nihill was one of the founders Justice Cotton dissenting) held that Miss and also the spiritual director and confessor Allcard's claim — although it might have of the sisterhood, which was an association been successfully asserted at the time when of ladies who devoted themselves to good I she left the sisterhood as regards all property works. Miss Allcard became an associate j then remaining unexpended in Miss Skinner's of the sisterhood. In 1871, having passed [ hands — was barred by laches and acquies-
