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

ro be lived of designs upon her life. Ultimately her !conduct led to her confinement. In December last 'hir. Turner received from her a letter, dated York, December 20. In it she intimated that she called U pon him to hasten to her and clear himself from t he suspicion she entertained that he was connected with a design to accomplish her murder. In conse• •quence of this letter Mr. Turner put the subject into the hands of Dr. Redhead, a clergyman, and ulti matei hit's. Turner was lodged in a l u natic as y lum. y 31r. Turner, however, had not done it, the seclusion having taken place !without his knowledge. He, in fact, had always treated her with affection. Mr Aspinall called witnesses, among whom was Mr. JOHN WILLIAM him:Ames, surgeon, of Acomb house : He said that on the 21th of December last be received Mrs. Turner, with the usual certificate. She had not been long with him before she said she was glad that she bad come to Acorub•house as a place of protection. She required protection, as poison was put into her food. On the 24th of Fe bruary Mrs. Turner escaped from his house, but she was bronght back in March. In the beginning of April she escaped again, by letting herself down with sheets from her bedroom, which was six yards from the ground. He found her at York. She told him he had no business to take her, and must leave her. He found her in a house, the room in which •she was being locked. He reasoned with her, but 'was ultimately compelled to brea k o p en the door. She had only a night-dress on at the time. She refused to go with him, and on his taking hold of her slre struggled with him, struck and scratched him, and used abusive language. He sent for his groom, and she still continued resistance. Ultimately, how. ever, finding resistance useless, sire dressed and ac• cumpaeied him. That. however, was not till he had taken her by the shoulder and ordered his groom to Wt (Hr by the feet. He considered Mrs. Turner of unsound mind and unfit to be at large. Cross-examined : He received 31. 3s. per week with Mrs. Turner, and was paid fur extras—wine, bottled beer, and washing. The charge was about .the average. Witness's ebidence had been given from a book of entries, which he handed to Mr. James. Mr. JAMES : Here is an entry,—" I find Mrs. Sterner to be specious, mendacious, ignorant, and beastly." By what rule are you called upon to make stuck an entry ? Witness said that in forming conclusions all cir cumstances were to be taken into account. Witness believed he bad once used coarse language to Mrs. Turner. He would not say that be did not say, ' " Come, you have stripped before many men, you shall do it before me." He remembered seizing her by the back of the neck, throwing her on the floor, end saying, "I'm up to the tricks of such as you." He would not swear that he did not afterwards say, Getup, and walk into that bedroom and undress." lie used words to the Effect that he could name half •a-dozen men who had had to do with her. He was then cross-examined with regard to his conduct when he found her at York. He gave no authority for 'breaking open her bedroom•door except that he was ,entitled to recover possession of her person. He .admitted struggling with her in her undress and ,dragging her oti the bed. She told him that he was itreading on her toes, and cried out she had been tpushed against the bedpost. Did she cry out in agony ?—" She cried with rage. His wife, who was present, put the pillow between her and the bedstead." To other questions, he said she was not naked at the time, but in her night dress. He called up his groom to carry her away .as she was. When she found you were using violence, did she 'dress herself ?—She did. Mrs. TURNER (the alleged lunatic) was next exa mined by the learned Commissioner. She is a lady rather above the middle stature, of good carriage and pleasant iestures. She behaved with the greatest propriety throughout the inquiry. Her replies to the Commissioner were ready, and her story was con nected and unvarying. She said that though she lad written to her husband that she had been poi boned, she had said so to no one else, and ail that the witnesses had that day said was wrung. The Reediest men were wrong when they called her insane. Evidence tending to prove Mrs. Turner's sanity was then given, and after the jury had been ad dressed by both counsel in the case and the Com missioner, they retired to consider their verdict, and returned within half an hour. The result of the in vestigation was that thirteen to seven of the jury were of opinion " that Mary Jane Turner was of sound mind, and capable of taking care of herself." Appended to the verdict was the following :—" The Jury cannot separate without reflecting on the dis• graceful conduct of Mr. Metcalfe, the keeper of Acomb-house, and beg to draw the attention of the Commissioners in Lunacy thereto." EXTRAORDINAIti CASE. 'SWINFEN V. SWINFEII.—This case commenced at 'stafford on the 23rd and finished on the 20th inst. THE P E$ Mr. C.A. Kennedy (specially retained), 11r - .: Gray, Mr. Cripps, and Mr. Macnamora appeared for the plaintiff ; and Mr. Edwin James, Q.C. 'specially re tained), Mr. Huddleston, Q.C., and Mr. H. Junes fur the defendant. - - - - --- The plaintiff, Patience Swinfen, was the widow of Henry John Swinfen, the only son of Samuel Swin• fen, , late of Swinfeu•hall, in the county of Stafford. The son died on the 15th of June, 1854, at Swinfen-hall, and the father died at the same place on the 20th of July following, at the advanced age of eighty-one. On the 7th of July, only nine teen days before his death, he had executed a will devising the Swinfen estate, valued at between 00,0001. and 70,0001., to the plaintiff, his son's widow, but leaving personal estates to a large amount un• disposed of. The defendant, Frederick Hay Swin fen, was the son of Francis Swinfen, who was the testator's eldest half-brother, and .he claimed the estate as heir-at-law of the testator. The question now to be tried was whether the will made by the late Samuel Swinfen, Esq., on the 7th of July, 1854, was a good and valid will. It will be in the recol lection of our readers that this question came down for trial at the assizes held at Stafford on the 15th of March, 1850, when, at the commencement of the second day's proceedings, an arrangement was made between the counsel, Sir F. Thesiger, who was for the plaintiff, and Sir A. E. Cockburn, who was for the defendant, whereby it was agreed that the de fendant, the heir•at-law, should have the estate, but that the plaintiff, the devisee, should have an annuity for life out of the estate, which, with her jointure of :WO/. a year, ghoul(' amount to 1,0001. a year. Mrs. Swinfen, however, refused to carry out this agree ment, alleging that it was entered into by her counsel without her consent, and in defiance of her express instructions. The Court of Common Pleas was ap• plied to, but that court, without expressing any opinion as to the validity of the agreement in law or in equity, refused to enforae it by attaching the plaintiff; and the Court of Chancery, when subse quently applied to, refused to enforee it in equity. The result has been that the Court of Chancery has directed the issue to come down for a second trial. The court sat at ten o'clock on the first morning, when only nine special jurymen answered to their names. Mr. KENNEDY, for the plaintiff, prayed a tales. Mr. MACNAMARA, the junior counsel for the plain- tiff, stated the substance of the issue, which w 54 as •,, i•• follows : • ,•. .•i•11 - Whereas Samuel Swinfen, late of Sw4nfen•hall, in the county of Stant* Esq., was, on the 7th day of July, 1854, and from thence until the time of his death, seised in fee of a certain estate at Swinton and thereto adjoining, mentioned in the writing hereinefter referred to, and therein expressed to be devised to Patience Swinfen ; And the said Samuel Swinfen died on the 26th day of July aforesaid, leaving John Swinfen, his brother of the whole blood, his heir-at-law, who died in the month of April following, whereupon Frederick Hay Swinfen, the eldest eon of Francis Swinfen, who was the eldest brother of the half blood of the said Samuel Swinfen, be came and is their heir-at-law; And Patience Swinfen affirms, and the said Frederick Hay Swinfen denies, that the said Samuel Swinfen did by a certain writing bearing date the 7th day of July, 1854, purporting to be the last will of the said Samuel Swinfen, devise the said estate at Swinfen, eke., thereto adjoining, to the said Patience Swinfen; And the Master of the Rolls is desirous of ascertaining the truth by the verdict of a jury, and both parties pray that the same may be inquired of by the country ; Now, let a jury, dec. The will referred to in the issue ran as follows Samuel Swinfen, Esq., of Seinfen•hail, Staffordshire, make this my last will and testament. I give to Mrs. Taylor, who lives with me, 20f. a year for her life. I give to Mrs Swinfen my estate at Swinfen or thereto adjoining, also all furniture and other moveable goods unto her, her heirs, executors, administrators, and assigns And I ap point her executrix. Witness my hand this 7th day of July, 1854. SAMUEL SWINFES. Witnessed by us all present at the same time by Mr. Soinfen'a request. THOMAS ROWLEY. M.D. Lichfield. CHARLES Sivimrsx, Leamington. CHARLES Simrscom, Lichfield. As this case has been reported at great length in the daily papers, we shall merely submit to our readers the evidence of the principal witnesses. The Rev. ROBERT COVIPLVW, examined by Mr. MACNAMARA, said : I have been for many years curate for Weeford, which includes the hamlet of Swinfen. I was well acquainted with the testator for twenty years before his death. When I first knew him he was living in a smell part of the hall. I frequently called upon him during the life of his wife, and more frequently after her death, and when the son and daughter came. I never saw Captain Swinfen, the defendant, there. I once met him in the neighbourhood —at Mr. Manley's, whose eons I was educating. I recom mended the defendant, as he was in the neighbourhood, to call on the testator. He refused, and did not call ; he did not care about it. I have heard the testator speait of Mrs. Francis Swinfen, the defendant's mother. If was in 739 anything bat friendly terms. I remember once, when a letter came fro:n her, the testator said he thought it was a sitter to know whether she should build a lieuse at Lapley. It was during the lifetime of the testator's sow. I never saw any of the second family at Swinfen till after the sou's death, when 1 saw Mr. end Mrs. Charles Swinfen and Lady Clifton there. Lady Clifton came with the plaint iffabout putting memorial windows in the church, whicu were put there. I was at Swinfen.haU stout two or three months before the testator's death. He was then in his bedroom. Soon atter that time I left for Worcestet shire, and was away some time. I returned to the funeral. In my opinion the testator was an intelligent ease &WO active in mill.teTS of businesi, particularly us MODlT.Matters. He was rather jocular, and calm and sellpisesessel. He was less talkative after he took to his bedroom, bnt his thoughts were venally clear. Ho became slower in hie speech. During this time I visited hint, not ouly as s friend, but as a clergyman. He took an interest in my religious ministrations. In June, 1e53, I called upon him with my two daughters. He took me Into another room for the purpose of showing my two children the miniature of his mother. He joked one of my daughters, and said to me, " Covrpland, your children are growing nti, and you will soon be looking out for huseands for thee." I never saw any act showing incapacity to make a will. His son and daughter-in-law treated him with extreme kindness and affection. His affection for his dangialeviar law became very great indeed. When lettme , he wanted to know the contents of them. Cross-examined by Mr. JAMES : I did ffttE ass 'ills testator after Easter, 1854. It was not on a Sande/et' I was never there on a Sunday. He was sitting NAM chair the last time I saw hen. He did net lose flesh." I can't tell whether his body was getting weaker. He had become more infirm. We were left alone when I went for religions purposes. My daughters were about fourteen and sixteen, and had just left school. I read prayers to him the last time. He had not been in the habit of attending church when he was well. I always paid him pastoral visits when I was in that part of the parish, abort once a month, but not always or ce a month. I cannot say whether I saw hen three times from November, 1853, when he was confined to his room, till Easter, 18.54. I don't remember saying to Mrs. Johnstone, one of my parishioners, it was useless to go up to the hall to see Mr. Sweden. Ido not recollect anything of the kind. 1 do not recollect meeting her in the road and saying so. I was not in Weroestershire all the three months before his death. I do not know my reason for not going to ree hint during the last three months of his life. I might have hail sonic conversation with Mrs. John. stone about Mr. Swinfen, for he was a very odd man. lie would put his name down for a subscription and would not par it. (Laughter.) Re-examined by Mr. KEwwsnY: Weeford church is ts• miles from Swinfen hall. The reason he alleged for not going to church was that he had no cerriage till 1451. Mr. Justice bytes : I am afraid he did not go when the carriage came. e - Dr. THOMAS ROWLEY, examined by Mr. Kganstov, said : I reside at Freefehl, near Lichfield. I Ave been twenty five yeats in practice as a physician. lam a magistrate of the county and of Lichfield, and 1 have been three times mayor. 1 also practised twenty years as a surgeon. I became acquainted sith the testator in 1828 or IRI9, when he first came to Staffordshire. I knew no man better acquainted with human nature than Mr. Swinfen. Be was very fond of jokes. They were always in place. ' Mr. Justice Bytes : That is more than can be said df some of them here. (Laughter.) The witness continued: HP argue. He was rheumatic, plaints, led to a weakness in L affection in his arm, which inc WWI owing to muscular debility. ferently. During the last four had hydrocele. That gave hi; nience. I never saw his mind tion from first to last—not tilt I remember when. his wife t testator wrote to his son. 1 he wrote. The son and his about two days after the wife's t speak of them with great affection. very that they should cotne. When they arrived the old geatity. man always showed them greet respect and great affection. They stayed eight or nine months. The another diet in January, 184 M, and they remained till August, 1848. The son requested me to call. 1 did call—sometimes as a friend and sometimes as a medical attendant. When his wife died he said he did not know what would become of him ; bet his health impraved, which I attributed to his son and daughter. He had hit meals nioreiregularly, and everything was done for his comfort. At the son's request I frequently visited the testator from that time till 1851. At that time he had a shuffling walk, owing Ito rheumatism and his hydrocele. He once came to my house, a mile and a quarter distant. His mind at this time was still active. The testator received his son and 'daughter with greet affection. The Martins were immediately dismiesed, and the testator expressed his joy at it. Notice was also given to Stmidley sad Gibson. Standley retired from farming. The son from that time managed his father's affairs, but I do not think be ever entered into any birainees without consulting his father. Sometimes the father opposed his* n'splans,bet the son always gave way. I remember the death of his son, on the lfith ofdaue, ROL I saw the testator each day after the death of his son mill his funeral. In shoat three days alter the son's death be spoke to me about making . his will. He frequently lamented the death of his son, and said, " Poor Henr9J went regularly to see him of my own Racer .He wee clear and composed when ha spoke of rnakiug his will. He ' said he Wished to make his will in favour of Mrs. Swinish. He said that frequently. He said, " I wish to provide for J ;raw. He was a man who would net ic, and that, with other cam• n bis limbs. He bad a nervous increased with his years. That bility. He always wrote in& four or tire years of his life he e bini great pain and inilooye— mind at all in a state of idler's- till the last two days of his life. 3 died in 1848. I believe the 1 wished to write, but I believe his wife (the plaintiff) arrived fife's death. I always heard him affection. He was very anxious 1A