The Press. — London, England, 1858-07-31 00:00:00

P The letter of the 26th of June was here read. It directed the London agent to get the necessary authority from the Court of Chan cer y , " I presume, said the writer, " under the ltith and 17th of Victoria, cap. 70." The case accompanying the letter was also read. It s tated that the testator was quite "incapable of managing h i s affairs,' but there were " occasional moments when lie cou ld r ecognize familiar persons and names," and that be had been in that state for six months." It also stated the widow, the plaintiff, and Mr. C. Swinfen, who had that come to the hall, and who morally represented the family, had given instructions for these proceeilit. ;1. The witness continued: The instructions were not given to me except as I have already stated . No one said that he was "i nca pable of managing his affairs." I nad not spoken to the testator since I made his will in 1852. I received this letter from my London agent on the 28th of June, 1854. The letter stated that before a commission in lunacy could issue " Two medical men of high standing mus t make a statement in writing of Mr. Swinfen's state of mind and body, anal they must give their reasons f it their conclusion that he is of that senile imbecility as to be incapable of managing himself and his pecuniary affairs." It also stated " That ii the medical men cannot make a statement sufficiently strong, then of course Mr. Swinfen will be considered of sound mind, and capable of managing himself and his affairs, and in that event ho may by power of attorney give complete authority to Mr. Charles Swinfen or any one else to act for him in everything." The remainder of this witness's evidence will be sufficiently understood from the following, which we have somewhat abbreviated. The notes, made in pencil at the time by Mr. Simpson, of what occurred when he attended the testator on the sth and Bth of July to take instructions for the will which was exe cuted on the 7th of July, are as follows : July 5, 1854. Mr. Swinfen says he wishes to provide for Mrs. Taylor, not more than 201.—not for Tooliss's—not for Randall. Mrs. Swinfen.—Not the personalty. Not Swinfen?-1 don't know. Mrs. Taylor, '2Ol. a year. Will you give Mrs. Martin anything?—No. Was she honest:'—Nu. When shall he come again?—When we come again will you have the will made?—Yes,—very good. Will you do it?—Yee. Mrs. S. Is Mrs. Swinfen £ any in you. Will you give her Swinfen, but how 7—Not—l mean ( yes). Very good, you may ( ). July 6. Is Mrs. Swiufen below ? Oh, hear me. I am sorry to give you so much trouble. I gave him his former will to read, and showed him his signature. He put on his spectacles and said, " I know that." I wish to give all this property — I wish Mrs. Swiofeu to have -1 wish Mrs. Taylor to have 20/. a year. I think it is not out of the sort. I wish Mrs. Taylor— Doyou want her?—Yes. Shall I fetch her for you ?—Thankey. Mrs. Taylor having come up he salt! to her, " Is not 201. a year about the mark ?" She brought some strawberries and went away. He took off his spectacles and ate them. This unfortunate (death ).—Yes. Mrs. Swinfen in his place. You had left all your property here to your son. Do you wish her to stand in his place ?—I don't know. Do you wish Mrs. Swinfen to have the furniture and moveables?—[ think so. He pointed, and said, " Read it." I read the formal parts of a will, and then the bequests, to Mrs. Taylor. I said,—Do you understand that ?—Yes. How much have you given to Mrs. Taylor ?-201. 201. a year?—Yes. This estate to Mrs. Swinfen. Do you leave to Mrs. Swinfen this estate ?—Yes. The Swinfen estate?—Yes. He said, " Well, what have you put down ?" I told him what I had put down. And that Mrs. Henry Swinfen is to have it. at your death ?—" Yes." The widow of your son ?—Certainly. Mr. James's speech for the defendant, as well as his witnesses called, were not very material, with the exception of Dr. Evans. One of the most important witnesses in the last trial, named Bacon, was not called at .ill. Dr. EVANS, examined by Mr. JAMES, said : I am a Fellow of the College of Physician', and practise at Birmingham, and have done so for upwards of twenty four years. Atter some conversation I very soon went up stairs, and Dr. Rowley went wish me. Mrs Taylor was in the room. The testator was in bed. Dr. Rowley intro duced me to the testator as Dr. Evans. He took no notice. I asked him if he remembered me, " Dr. Evans?" He muttered something indistinctly, which I could not understald. I asked him about his general health. I 3btained no distinct reply to the questions I put. I asked bun to put out his tongue. He put it out very imper fectly, and it was very tremulous. His replies were India• tinct mutterings. I asked him the time of day. He tusde no reply. I asked him his age. I pressed the question, and he said, " Sixty and something wore." He added something to sixty. I then spoke to him about his property. I asked him whether he had any money in the funds, or in the bank? He made no reply. I asked him to whom he meant to leave the estate? I beg to say I pressed the question—l mean I repeated it twice. He said, "To Henry." I informed him that Henry was dead. I repeated the question about his wilt, about his property, and he said, "To Henry," or "To my son." When I said, " Your son Henry is dead," I got no reply to that. I asked HE PRESS, JULY 31, 1858. him no other question on that occasion. After the last reply as to Henry, Dr. Rowley stepped forward, interrupt ing me in my investigation, and said, " You intend to pro vide for your son's widow, don't you?" I said to Dr. Rowley, " Don't interfere ; I wish to know what is in his mind—what are his intentions." I mixed no more ques. thins, and informed Dr. Rowley that " Mr. Swi'jfen was not competent to make a will—not then competent to make a will." In going downstairs I told Dr. Rowley he was not competent to make a will. In my opinion now he was not competent to make a disposition of his pro• perty. When I went down I saw Mrs Honry (the plain tiff), Mrs. Charles Swinfen, and Mr. Charles Swinfen, and in their presence and that of Dr. Rowley said that " in my opinion it was not a case of insanity, but of failure of mental power, but he was not in a state to make a will." That is still my opinion, and that is the judgment I formed from that interview. Cross-examined. by Mr. KENNEDY: I have made two affidavits in this business. I read them yesterday. Mr. Frere asked me to make the first in Birmingham. It was sworn before Mr. Whateley, I believe. Mr. Frere sent the affidavit to Mr. Whateley, and one of Mr. Whateley's clerks sent it to me. I altered it, and it was written over again. T did not tell Mr. Frere every particular. I made some notes on the Monday evening (July 4) at home. They are at Birmingham. I can get them in two or three hours. Mr. Justice RYLES said it was extremely important that those notes should be had, as Mr. Simpson's had been, and be wished the witness, as soon as his examination was over, to go and fetch them. The witness said: I made the notes in pencil, on the Tuesday evening (the 4th of July), and the notes referred to both interviews. I did not refer to my notes when I gave the information to Mr. Frere. I have often been con sulted on the capacity of persons to make wills. It was my practice to take notes at the time. By the JUDGE : the notes are ten or twelve lines. Mr. KENNEDY then replied, pointing out that on the 2nd of July, when Dr. Evans called, the testator had had his dinner, had drunk his wine, which be always took, and had gone to bed. It was not surprising, then, it' the testator did not know Dr. Evans, or that, being an obstinate old man, he did not give himself the trouble to answer all his questions. After an elaborate and impartial summing-up by Mr. Justice BYLES, The jury retired to consider their verdict, and at eight o'clock returned into court, and found a verdict for the plaintiff, the devisee. This announcement was received with loud demonstrations of applause. The plaintiff, who had remained in court, heard the verdict and the applause with great calmness and self possession, but with marked signs of pleasure, and immediately left the hall, leaning on the arm of Sir Henry Durrant, amid the warm congratulations of her friends. 741 dating bills that the mass may not all mature upon one or two particular days, the effect upon the Money Market is to impart regularity to the demand for capital. it is not surprising, therefore, that capitalists are not entirely satis fied with the existing state of things or with their imme— dUrte prospects; but the public ate gainers by it, and in no respect more than in the improved systems that are gradually coming into operation. Money, however, is not likely to be cheaper than it is, for, as stated on previous occasions, general commerce is gradually requiring in creased facilities, while the existing supplies of capital are not likely to be much enlarged, although the dividend paying period has nut yet elapsed. The specie movements of the week have been emu. partitively unimportant. The whole arrivals up to yester day had not exceeded 320,0001., the bulk of which came front Australia, and some from Russia, hut this morning the City of Washington arrived from New York with 122,1701. This is the largest remittance from the United States for some time past, and it brings up the imports of the week to 442.000/. Only about 25,0001. in gold has been taken for the Continent; and as the Exehenges have advanced, the demand from that quarter may be taken as satisfied for the present, though occasional shipments are not improbable. Ucder these circumstances withdrawals from the Bank have ceased, and it has added about 150,(1(/01. to its stock since our last. Exclesive of that from the United States, there is but a moderate amount of gold on the market at the present moment, and to save interest it will be sent into the Bank, particularly if there are no continental buyers. Furtha. supplies of any magnitude can only come from Australia, whence several vessels are now about due, but the Parana is expected about Monday with a considerable amount frbm the West Indies and Mexico. The high price to which the Funds had advanced this day week, in consequence of the news of the recapture of Gwalior, the satisfactory condition of the revenue, and the pacific character of our foreign relations, braught in spoon lative sellers, whose operations caused a slight reaction in quotations. The easy condition of the Money Market, however, and the confirmation of the recapture of Gwalior, produced a rally, so that in the end there is no substantial difference between the prices of this day and those of last Friday, although the market has had to contend against a dogged indisposition to business. Indeed the Stock Exchange on some days has been almost empty. Railway Shares h ive not very materially changed since our last. Some are higher, some lower; the alterations being ascribable, in almost every case, to rumours of dividend's and no dividends. For investment there is still a marked partiality for Preference and Guaranteed Stocks. .1471, stock Banks continue in favour, though the extreme of some descriptions have rather induced sales. Consols, which left off last Friday at 98 to I, began to recede a little the next day, and by Wednesday they had declined to 951 to I. They stood at this quotation when the Indian intelligence, confirming the news of the re capture of Gwalior, arrived. This caused a rally to 95i • but subsequently the quotations were steady at 951 to i. There was no business to sustain the market; but on the other hand stock is scarce. The present tendency there fore is in favour of holders,notwithstanding the paucity of transactions. This was proved to-day by Consols closing at 90 to I for money, and 961 to I for the September account. The dactnations that have necnrred in the railway share market have, as stated above, been principally caused by anticipations concerning the dividends. Midlands, Cal& donians, Great Northerns, and one or two others of theism./ stocks have advanced ; Great Westerns, Sheffielde, and wee . others have declined. The half-monthly settlement US brought to a close today, and the arrangements connesimli , with it rather impeded speculative dealings. Preferestin and Guaranteed Stocks have been rather extende, dealt in, and they are firm. Indian shares have adviallet upon the late intelligence, and also upon an impression that no further guarantees to the extent of five per asm. will be given. On the whole the market is healthy, with a moderate disposition to improve; and the troika, though still comparing unfavourably with those of last year, indicate a slowly returning prosperity, comparing ine week with another. Foreign Stooks have generally been firm. The am* prominent feature in them has been a rise in the sump of the Brazilian New Four and a Half per Cent. Loan, width from 4 die. has advanced to R prem., although another call upon it is due on Monday. Turkish Stocks have also ad vanced. The Foreign Market, indeed, may be deeotibed as good all round. Banking Shares support the late improvement; but some of the Australian concerns have rather receded, from an impression, it is presumed, that the high profits of the last few half-years can scarcely he expected to be maintained. Colonial Government Securities, all of which are gua- ranteed at five and six per cent., have been largely in vested in. In Miscellaneous Shares the principal feature has been an advance in Crystal Palace Shares, owing, probably, to the opening of the estahlishment on Sundays to the shaft holders ; but it must be borne in mind that there is an in fluential class among them by whom the change is most unfavourably regarded, from the fear that it may lead to further and more important innovations. Exchequer Bills are the same as last week-35e. to 38s. prem. for those of March, and 235. to 20s. prem. for llama of June. The shares in the Atlantic Telegraph have been dealt in at 900 and 290 upon LOWS. paid tip. The half-yearly railway meetings have commenced, and the speculations founded upon rumours as to the dividends tire being fast neutralized by official announcements a their intended amounts. The Brighton Company bay. divided at the rate of two and a hail per cent. for the six months, or five per eent. per annum ; and the North Staf• turdshire one per cent., or at the rate of two per mat. per annum. The Great Southern ant Western of Ireland will Mom fade an 6ttg Intelligenct. FRIDAY EVENING. Tut return of the Bank of England for the week ending Wednesday last, the 28th inst., shows the following changes compared with that for the week preceding : Decrease in Circulation .... : Increase in Public Deposits .....• 8i1,598 Decrease in Other Deposits Decrease in Private Securities 49,173 Increase in Bullion Increase in Rest 7,423 Increase in Reserve Bullion in both Departments Circulation, including Bank Post Bills The comparison again bears evidence of the moderate character of the inquiry for money, by the further decline in the amount of Private Securities. The large decrease in the other deposits is prinzinall% caused by withdrawals from public companies to pay their dividends, and though this amount has gone into circulation, it has been more than counteracted by revenue payments, so that the amount of notes in the hands of the public has been de creased, and the Reserve proportionately strengthened. The addition to the Bullion is inconsiderable. On the whole, the present return does not show any changes of importance, while, hi its essential features, it indicates a very regular state of things. The Money Market coniinues to be most amply sup plied with capital waiting employment, the demand during the week not having been sufficient to affect either the rates or the supplies. At 'he same time, however, the applications have sensibly increased during the last day or two, partly from a little more activity in certain branches of trade, and partly from the ordinary requirements at the end of the month. But the aggregate demand is estremely moderate, compared with that at the corresponding period last year; and it is every week becoming more evident that traders of all classes have for the time abandoned all speculative enterprize, and reduced their operations to the lowest scale consistent with the regular and steady prose cution of their callings. It is obvious, too, that credits in the minor branches of trade have been shortened, and to some extent abandoned; and that the greater establish ments, in consequence, are increasing their cash traesac tions. The partial operation of this improved system tells upon the number of bills in circulation from various trades. Thus it influences, , cer tainly in a small degree at present , the g eneral dis t counts; and, accompanied by the increasing practice of so Mali=