Star. — London, England, 1818-07-08 00:00:00

I , I ){I 1 1 1 i 1 i - I' ! , f . P'.. ) 1 ) i i , I ! 1 \ I i ' 1 1 1 , , • - f ~ ..,,, • . 1 1 Uir i k IRELAND. COURT OF KING'S BENCH, DUBLIN, JULY 4. THE TREHLESTON CASS. The following is the substance of this cause, as it appeared in evidence, which occupied the Court and a Special Jury for a fortnight :—The late Lord Trim leston was born about the year 1726, and went to lirance when 14 years of age. There he acquired considerable property, and married a lady of respect able family, by whom he had two children, the pre sent Lord Trimleston and the Countess D'Alton. This lady died, and the late Lord Trimleston was driven from his adopted country at an advanced pe riod of life, by the Revolution. He was a sanguine Riy:tlist, and his estates in France became the prey of the dominant party. Ile came to Ireland penny less, and was indebted to his relation the then Lord Trimleston, for a miserable pittance of 100 guineas, or £l5O a-year. In 1793, his son, the present Lord Trimleston, then only 19 years old, married the daughter of the late Mr. Kirwan, the celebrated che mist. With her he obtained £3OO a-year. He took a small house in Holles-street, Dublin, and his father joined stock with him. In some time after, the then Lord Trimleston died, and the late Lord Trimleston, as heir at law, succeeded to his title and estates. He became acquainted with the family of General Eu stace, and in 1797 married Miss Eustace. She was then 21. years old, and the late Lord was in his 71st year. A jointure of £BOO per annum was settled on the lady —she brought no fortune. Shortly after the mar riage, Lord and Lady Trimleston went to Bath to reside. The habits of Lord Trimleston were com pletely those of a Frenchman. His chief society were the foreign Ambassadors, and other foreigners 6f distinction. His principal amusement was a game at cards. I'o this manner of life Lady Trimleston accommodated herself.--They went to London, where they continued to live in the same manner. By the death of Llrd Falkland, the estate of Turvey fell to Lord Trimleston, burdened, however, with judg ments to a considerable amount, and a mortgage which involved his Lordship in a tedious and ex pensive Chancery suit. In 1802 he made a will, having the bulk of his ps'operty to his son, and making some additions to his wife's jointure—Lord Herbert Stewart became intimate at his Lordship's. He had been a Judge in India : is a man of talents, of a prepossessing person, but distorted in his feet. His attentions to Lady rimleston were very par ticular, but not in an improper sense. Ile took a deep interest in her welfare. Ile wished to see 112 r more amply provided for in ca , ,e of Lord Trim- Lston's death. The result was, that Lord Trim leston engaged him to draw a codicil to hi, will, by which he was to give 1.:1200 a year to Isis Lady in addition to her jointure, all his personal estate, and i legacy of five thousand pounds a year, charg able on his real estates. Lord Herbert Stewart, drew the codicil to Isis will, and Lord Trimleston car lied it to Mr. Addis, his Solicitor. " Here:" said he, d * is a codicil which Lord Stewart and my wife are importuning me to execute ; I will never commit so gross-an injustice against my son, but for peace sake I must seem to acquiesce. Do you draw a pretended codicil in compliance with their wishes, With feigned witnesses, and we will persuade them it is regularly execut That. which I shall execute shall have 1200/. as a gross sum, instead of 12001. per annum, and the legacy shall be 5001. instead of 50001." This scheme was in substance carried into effect. Lady Trimleston was satisfied that the pretended codicil was genuine ; and next year (1805) Lord Trimleston executed a will with the dispositions he proposed, and in which the blanks for the sums are filled up with his own hand. A codicil was afterwards drawn up also by Lord Herbert Ftevrart in a very elaborate style, for the purpose of substituting Colonel Eustace, the brother of Lady Trimleston, as an executor in the place of Mr. Dangle. This was effected. In 1810, Lady Trimleston came to Ireland, with a power of attsrney to sell the Roebuck estate. It was sold ac coidingly, and it is alleged on the part of the present "Lord Trinlleston, that a considerable part of the pur chase-money has never been accounted for. Lord Trimleston followed in some time after his Lady ; and immediately on his arrival in I)ublin he executed a codicil, making a provision for the chil dren of his daughter, the Countess D'Alton. From this till his death, Lord and Lady Trimleston re sided at the Turvey Estate. In the autumn of 1812 he sent instructions to his Solicitor, Mr. Kemmis, to draw a new will, which he executed as his last will and testament, with all, the necessary forms. The provisions of this will, with respect-to his wife, are the same with those contained in the former c odicil drawn by Sir 11. Stewart in 180 t, except that instead of 12001. per year, she has the Turvcy Estate settled on her for life. The will also contains the provision for the Countess d'Alton's children. The present Lord Trimleston disputed the validity of this will, on the ground that it was obtained by undue influence, or rather coercion, and was contrary to the real wishes and intention of his late father. The case was first mooted in the Prerogative Court, and the trial in the Court of King's Bench came on in consequence of an issue out of Chancery to try the validity of the will by a Jury at the Bar of that Court. The Cisise JUSTICE and Judge MAYNE only pre sides!, the other Judges being unable to attend. It was proved in support of the will by General Eustace, brother to the Dowager Lady Trimleston, that the letters to Mr. Kemntis on the subject of the will which were in the hand-writing of General Eus tace, and signed by Lord Trimleston , - were all dic tated by the latter. The instructions were entirely in the hand-writing of Lord Trimleston. A few hours previous to his Lordship's death, he sent for General Eustace, .and in the presence of Isis tshysician, and confidential French servant, said t o him—" Henry, .1 fear it is all - over with me; reach sue my keys; they are in the pocket of my 'breeches." The breeches were handed to him— he.was sitting up in bed. He returned the bunch of keys. which had been taken out, into the pocket, and rolling up the breeches, thrust them under his pillow, and sail, " Henry, this precaution is neces sary ; my will is in that bureau" (pointing to a bureau ,2ie the clamber ). In this bureau the will of 1812 was '' ) lkund after his death. He further said, "My son 'will be a very poor man till the expiration of the leases of the King's County estate : I had hoped to live till that event ; it would have been better for all parties." He expressed regret that-lac had not rccul- lected to except his family plate in the bequest of his personal estate to his wife, as he wished it to go with his title, and desired General Eustace to request his Lady that it should go so after her death, but de clared he would -a& make any alteration in his will for fear of doing mischief, as he was well pleased with its provisions. To account for his leaving his son so small a provision, the Hon. Mrs. Leeson proved that the late Lord had always expressed himself angry and dissatisfied with his son on three distinct grounds. First, that he treated him harshly in Holles-street, giving him a flock bed in a garret to lie upon, and threatening him, when his allowance was not regu larly paid, that he should find another home. Se condly, that he was dissatisfied with his son's con duct during the rebellion of 1798 ; that he expected him to take an active part against the rebels, and distinguish himself by the ardour of his loyalty and attachment to Government, in which he was disap pointed. Thirdly, that he was dissatisfied with hint for not living at Trimleston Castle. In answer to this, Lord Trimleston gave in evi dence a series of letters from his father to him, front the period of his marriage till a few weeks before his death. Nothing can be more confidential and affectionate than the tone of these letters. He delegates his son for all public occasions to act in his stead, and -Ss always satisfied with what he has done. In impeachment of the will of 181'2, that of 1802 was proved, which speaks of his son in the most cordial terms, and leaves him all his real estates, ,including the lately acquired one of Turvey. The transaction of the feigned codicil was also fully prov ed, and insisted upon, as shewing the real circum stances in which the late Lord Trimleston was placed, and the real wishes of his heart. Evidence was adduced to chew that in the aliena tion of some property, while residing at Turvey, Lady Trimleston and Colonel Eustace took the whole ma t agententof the business. Rad a Mr. Allen proved that he received an angry letter, in the hand-writing of Colonel Eustace, and sig ned by Lord Trimleston, about 'an application he made to the present Lord Trimleston for leave to cut down some trees on a farm he had taken on the Trimleston estate. He went to 'I urvey, and Lord Trimleston took him out of the room where Lady Trimleston and Colonel Eustace were, on pretence of shewing him the family pictures, when be said to him in a low whisper, "Mr. Allen, you have received an angry late' from me, but don't mind it, for I could not hdp it:' Colonel (now (;eneral) Eustace proved that in both these in-, stances he acted by ell express direction of Lord Trimleston. Colonel O'Shea was nominated as an executor along with Colonel Eustace to the will of 1812. The pa pens of the late Lord Trimleston were, by consent of all parties, given in charge to Colonel O'Shea.' Amongst them was the will of 1303 carefully put up. An accidental fire destroyed part cf the papers while in Colonel O'Shea's possession. Colonel O'Shea is since dead. An 1 evidence was offered on the part of the present Lord Trimleston, of certain declarations respecting those papers, made by Colonel O'Shea to Colonel Talbot. It was-insisted that this evidence was admissible on the ground of the declaration having been preju dicial to the interest of Colonel O'Shea himself, and of his* being equall y the agent of both parties. On the other side it was contended that no decla ration made after a lis mote or suit commenced on the subject, as was the case here, could be admitted as evidence. And cf this opinion was the Court, and the evidence was accordingly refused. On this argument, too, it was urged by the Cdun sel of Countess D'Alton, who was joined with the Dowaor Lady Trimleston, in support of the will, that die evidence Could not be admitted, because she (Countess D'Alton) had had no agent at the exami nation of the-papers after the fire. But the Court said, that with respect to that they could not consider more than two parties in the cause, and that all auxi liaries (such as was Countess D'Alton) must abide by the strength of the cause of the principal party. It was further urged against the will, that the late Lord Trimleston, when talking of its provisions, told Colonel Eustace that he had left the Turvey estate to Lady Trimleston for her life, merely as an equivalent for the sum of £2,000 per antrum, which he had secured . to her by the codicil-of 1804; and that she might have the payment of it in her own hands ; whereas, he had, in truth, never made the . said pro vision of £2,000 per annum for her, by any former will or codicil. And the Turvey estate was worth considerably more than I."'2,000 per annum, in addi tion to which, she was, by the will of 1812, to have her jointure of 1)400 per annum secured on the other real estates. During the lifetime of the late Lord Trimlesten, he allowed his son £7OO per annum, and from the time his grandson, (now the Honourable Mr. Barne s ell), was put to school, another tIGO per annum, making in the whole 000 per annum. But by the provisions of the will of 1812, the present Lord Trim leston, with the title to support, would actually have an income considerably smaller than his former al lowance, till the expiration of the leases of the King's County Estate. Thursday, after an interval of one day, which the Chit f Justice took to consider the evidence, his Lord ship summed it up in his luminous manner. The Jury retired, but not having agreed, a Juror was with drawn at 10 o'clock, and thus, if the parties be dis posed, the cause must commence de ;:ovo.. DXLAYS Milt DANGEROUS! —This adage is appal, cable to those who have lived rather gay, when on the eve of Matrimony, and who are doubtful of the consequences of an ill•cured contagion; and it must afford consolation to the afflicted ao know.they may have the best advice at the Medical Board at Char lotte Mouse, Great Charlotte -street, opposite the Rev. limelaud Dill's Chapel, Illackfriars-Road, and at Woodstock House, Woodstock-street, five doors from Orford-greet. The Huard particularly claims the attention of those afflicted with Ittipturos, Strictures, Fistulas, Cancers, Seropbulas, Nervous Debilities, arising from warm climates, juvenile indiscretions, &c. Erup tions on the head, face, and body, ulcerated throat, pains In the head and limbs, frequently mistaken for rheumatism, Nodes on the shin-bones, are ~yruptunis which appear years after, and the consequences of in•proper treatment. Messrs. Coon,, and Co. of medical and surgical celebrity, after forty years' experience in this Metropolis, are consulted daily at both houses until aloe at night, and the poor have advice (gratis) on Tuesday, Thur,pgay, and Sunday mornings, until twelve o'clock.—All letters do be directed to Charlotte Howe, Blackfziars road; bin ROW are =merest which clw not panne a cogiiiikbis fee. POLICE. Bow•9TßlET.—Yestenlay William Cliarker under went a final examination before Mr. BIRNIE, on a charge of uttering a forged 11. Bank note, knowing it to be so, and with having others in his possession. The pi isoner has hitherto been a very respectable young man, and there is some mystery attached to the charge ; it has been under investigation since the 14th of June, on which day he tendered a 1/. note to Mr. John Brown, the landlord of the Southamp ten Arms public-house, in Camden Town, in pay ment for some liquor, through the waiter; and there , being some doubt as to the note being good, from the paper being thick, &c. it was refused being taken. He requested Mr. Brown, the landlord, to advance. him ss. as he had not money enough to pay his reckaning, which was done : but the landlord having some doubt as to his conduct respecting the note, he informed.l. Smith and his party ofthe patrole of the circumstance, who searched him, and round 15s. in. silver, two 11. notes, and part of another, in a pocket book ; these were running numbers or sequents, and another loose in his pocket; this has - proved to be numbered next to a note he had uttered at a grocer's in the city. He accounted for asking for the loan of ss. on his watch, when he had 15s. in his pocket, by saying he wanted to pay 15s. to a shoemaker. Mr. Brown did not give him in charge of the Officers, and there was no proof that the notes found upon him were tOrgeries ; he was not detained in custody, hut he voluntarily attended at the office at the time appointed, when the account he gave of himself, being in the employ of Mr. Jones, a jeweller, of Cornhill, proved to be correct. The notes found upon bins proved to be forgeries, and he said he took them from his master for wages, which was de nied by Mr. Jones, and the prisoner having no other account to give yesterday respecting them, he was fully committed fur trial. Ile . ll.L.—Smnitel Thornton and J. Rich, young men of fashionable appearance, were yes terday brought before the Magistrate, and charged with creating a disturbance at Vauxhall Gardens, yesterday morning, about three o'clock, assaulting Clark, the officer, and refusing to pay the waiter the amount of the expenses incurred for refreshments.— Collingbourn, the officer, stated, . that the prisoners attempted to obtain admittance to the me dens with out paying, and during the whole of the evening conducted themselves in a riotous manner, Clark remonstrated with them on the impropriety of their conduct, when they assaulted him. The waiter de posed, that they ordered supper about three o'clock, which he served up to them, and that they after wards refused to pay for it. In the early part of the evening they occasioned a serious disturbance, by crying out " Burdett for ever," a gentleman who had served under Captain Maxwell answering their exclamation by vociferating " Maxwell for ever."— ! A conflict ensued, in which Hall, the officer, was so seriously hurt as to be obliged to have surgical as sistance.—The Magistrate s: id, that if such disor-; deity conduct could not be prevented, the gardens must be shut up. The refusal of the prisoners to pay the waiter's bill was a case not within his cogni aance, but for the assault upon Clark, the officer, they must find sureties for their. appearance at the Quarter Sessions. The friends of one of the prim nets entered into sureties, the other was committed. AesAtl.TtxoW.Arcutwex.—.Captain T. A.Edwards, of the Royal Navy, Lieut. Edwards, of the Army, Mr. Grant, of Conduit -street, and Mr. College, were yesterday held to bail upon the following charge Holmes, the the constable of St. George's, stated, that on Monday week, at a late hour of the niht, the pri soners sallied from the house of Captain Edwards, near the Kent-road, extremely intoxicated, and de troyed a great number of panes of glass on the pre mises of Mr. Lewis, an extensive floor-cloth mann , factory, by throwing stones. Mr Ray, the person in care of the premises, rose from his bed, begged them to desist, and called upon a tvatchnian who was near the place to prevent the continuance of such con duct ; the watchman was knocked down imme diately upon his interference, and four others who came to his assistance share d the same fate. The defendants denied that they threw any stones, and said that they were extremely irritated in conse quence of the watchmen presenting pistols at them, and threatening to shoot them unless they surrendered themselves. Friday night the warehouse of Mr. SMITIE, tallow. chandler, Battersea-road, was broken into by some thieves, who carried off a large quantity of fat. The warehouse is near the bank of the Thames, and the property was conveyed away in boats. Saturday morning the house of Mr. Paralcit, sales man, in Arrow-alley, Iloundsditch, was broken into and plundered of plate, linen, and other articles. BEI.PAST, Jose 30.—Sund a the 14th nitimo a SWAMI of bees, the property of WILLIAM K. BAILLIZ, of Greyabbey Mills, Esq. came off from their parent hire, and were, by the usual means, put into a straw bee-cap, with which they seemed at first to be per fectly contented, and in which they had actually commenced the formation of combs. But on Tues day following, an alarm was given that the bees had deserted the cap and were Hying towards Mr. MONT uomgav's demesne at Rosemount. Several of Mr. Baft.t.fes labourers who happened to be at dinner at the time, pursued immediately : the bees, how ever, gained rapidly from them, and at last got out of sight. But, it is supposed, not finding a con venient resting-place, they wheeled snddenry round, and in their return met those who still continued the pursuit, when, strange to tell! they instantly settled down upon one ofthe men, and collected in a swarm upon his thighs and the lower parts of his body.— It may be easily conceived that the poor fellow (who, from the heat of the weather, had thrown off most of his clothes) was not a little alarmed and incom moded by this unexpected compliment ; however, his uneasiness was much increased, when they began to creep up towards his face, where they finally settled, and completely covered his eyes, mouth, and cars; but what was most extraordinary, several of the in sects crept into his nostrils ; an.' it was in this in stance only, m hen unable to bear the irritation, he put up his hand to brush them from his nostrils, that he suffered from their stings. Though every exertion was used to free the man from his troublesome compa nions, it was more than an hour before he could be entirely free from them ; they were at last *ot into a bee-cap, and are at full work in Mr, BAILLIE s garden. LONDON MARKETS, 'LIT 7, Corrox.-The purchases of Cotton durir? ail week at public sales and by private contract 2400 packages : the East India description s , x,., view to resell in London. The particulars are-14 Pernambuco 2s. Id. to 21.11 d. r.IO Bahia% 2s. 2/3 ranhams 2s. 300 Demerara and llerbice ()id. a few Barbadoes 22d. and in the Ilouse,h,,, Bengals 9id. t o 101. 660 Surats 11frd. to 12c1....6, latter nearly the whole of the Sams that were 41, 4 in at the public sale 26th ult. and at the pikes h, lieve at which they had been taken in. The re brought forward by public sale 13% hays Be. re . of which :500 were sold at 18 id. t' `211.1. the rerti l , der we: e withdrawn at 19-11 to 21:d. but siratt-, sale we believe 250 bags have been dispos , 20 .d. to 21 id. IovEmpooL, JULY 4.-The Cotton inarketl:,:h!.% very dull all the week, the arrivals twat:int:7- heavy, and prices of most kinds have crn , . declined id. to ltd. per pound. Yesterci.ri were several public sales brought forward v. - hies:a m off heavily. Of 3780 Bengals advertised, ‘o'v i A mere sold, at lOd. to upiJ for very dirty and to middling, and 12d. to 12id. far good qual:y 390 Demeraras sold at 2.2„1, to 2s. 1 id. for i4s.trinra good fair ; 110 Orleans 20d. to 21d. for rniddli s . to good fair ; 350 Surats were withdraw:l. Ice by private contract are-161.0 Ilaweds 200.. to 21!, for fair to good, and a few very prime 21:1 270. 280 Orleans 2011 to 211 d. fur Lir t,, r.ca fair, 21id. to 2.1 d. for good, and a few very p s i so 21. hi. 27 Sea Islands 3s. Ld. 60 stainer! 2s. Id. 100 Pernanis 2s. Id. to 2d. 2,T) hams 231 d. to 2s. 214) Bahias 23;d. to 2 3 ,01 Paras 2214. 26 Demeraras tr2d. 10 West In , ' 60 Carthegenas 20d. and 20id. 400 Be: to 14id. 60 Surats 16d. making with thole. Luld b auction about 4600 bags. li7:11s SuoAit.--This forenoon the buyers renr market, and began purchasing c.n mr., , .t scale. At the close of the market an :tdr.ct t to 2s. per cwt. was fully establkhed ; C.e hr :!e -scriptions sold higher in proportion than the and sine tingars ; the sales were estinwed to cam! 3000 casks. Yesterday the demand for 'Mimi became brisk and extensive, and prices a shale were realized, say 2s. per cvt. Alolalses sold at rs. At the India House 18,000 bags Ea.t India decrp. tions went off Ss. to 4s. higher than Lad bzen rally expected. CorreF--Thisforenoon the demand for Coffn coa tinues extensive ; the enquiries after 'Dutch and Ji• maica Coffee are -considerable ; for the latter Ws has been refused. All descriptions of Briti'h PIE. tation Coffee may be estimated 7s. to Ss.llli::hersiz:: last Tuesday. Intstt l'novrtoms.--There is little doing i t re! and Pork. Bacon is also in limited reque.:, alteration in the prices. The market continues v out adequate supplies of Irish Butter ; the arrivals Dutch are not more considerable than what is nary for the immediate consumption of the mid. fine Friesland 116 s. NAVAL Sroacs.—The prices of the ftoi,fl: pentine cannot be stated at any variation. Si-,:rits still in very limited request. In Tar, Pitch, and Au there is uo variation. HEM?, FLAX, AND TALLow.—The demand fa Tallow continues brisk and extensive ; the prices a.:- vauee with great rapidity ; for early arrivals 7:s. was in several instances obtained, and for all the season 735. Gd. to 745. 'id. there continues much spe culation as to the farther rise in the prices. In for.p there is little variation in the prices in Londe:l.l;c -withstanding a considerable improvement at ter. 1' 0- tersburgh, in consequence of extensive purchases oa American account. Flax is without variatim. The Exchange by the last arrivals comes a little 10..er a shade under 111. 00..—The prices of Southern and Greet:land Oil continue to improve ; there have been consideraYg purchases of the former at prices gradually imp:or ing. There are few parcels of Greenland offeti:g. the principal quantity being in the hands of pastas who hold for the late extensive speculator. and we believe few or no sales have been made since . r.ziF last ; for arrival the buyers are giving prices cc... 1.4- decably higher than they could some time agohace purchased at ; £33 was in several instances give ur arrival. In other Oils there is little business doing; no alteration in the prices. FRUIT.— The are several arrivals of Fruit; the de mand is at present very limited ; little %%11-i:diva 13 the prices can be stated. SILK.—The prices of Silk are considerably loser than the previous India sale, yet 10 to 15 per cert. higher than had been anticipated. India bilks have again given way. BRANDS, AND TIOLLANDS.—There harebell Very extensive enquiries for Rum ; the purchates . ar: considerable at an advance of ‘2d. per gallon rancas reasons are assigned for the improvement ; the de mand, particularly for exportation, have been estra sive : the dealers for the home trade have purchasa rather freely on account of the time of the new ar rivals coming to market being considered most ft vourable ; the supply is yet incomid era ble, and the report in the market h as been very general, that the supply this year will be very short. These t easonit added to a considerable disposition to purchase Kums on speculation, as the prices generally rise with the Corn Market, being immediately connected with the prices of Barley and Oats, has occasioned much bustle in the market, and will probably lead to further and extensive purchases ; the present stock is three th!'" sand casks less than last year at the same time, whkh was unlooked for. Brandy has rather given waY. In Geneva no alteration. PRICE OF STOC Bk. Stock 101 Red. N,-1 1 Cons. 7$ 77f} ex. div. 3} per Cent. 88i 4 per Ct. 9611 Navy 105 i 1011; cx. div. Long Anus. 20 5-16 !KS YESTERDAY. India Stock ' Bonds (X) 99 rr. Omn.; par. Exch. Bills (II) IS 20 Ditto (2iil) 19" 0 Cons:for A c.;9 l Lottery Tickets, ..19 10 1 . _ HIGH WATER a LONDON BRIDGE TO-MORRONC Morning . - 32 minutes' after 5 Afternoon - -2:--"-* ......_.....y.---. 5 - LONDON; Printed and pu'ilistu•l by Itras Komi 1 1,411 ' Plane, louip:e- UM. rd