The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1840-09-04 00:00:00

THE UNITED STATE ARRIVAL OF THE " GREAT WESTERN." By the arrival of the Great Western at Bristol, on Monday night, we have received New York papers to the 18th of August, inclusive. The Great Western accomplished the homeward voyage in thirteen days and a quarter. Her outward voyage occupied fourteen days and a half. She was detained a few hours at New York, in order to bring back answers to the let ters taken out by the Acadia and the President. The former of these vessels reached Halifax in ten days, and Boston in thirteen days, after her departure from this port. The President reached New York on the 17th ultimo he commercial news brought by the Great Wes- tern is somewhat more favourable than it has been for some time past. The money market had undergone considerable improvement subsequently to the arrival of the Great Western ; but had again been a little de pressed in consequence of the advices received through the President and the Acadia. The exchanges on England on the 18th were 100 to 1074. The rate for money continued low, and capital could find little em ployment. Short loans, payable on demand, were made at very low rates Government treasury notes, bearing 5 per cent. interest, were readily taken up The elections throughout the States were still pro- ceeding decidedly in favour of the whigs, who, as we intimated in our last publication, are the conservatives among our transatlantic brethren. They are opposed to the loco focos, or the extreme democrats of the There can be very little doubt that, in spite of government influence, General Harrison will be elected States President The boundary question was still the subject of much interest at New York, and in most of the northern states. The boast of the Americans was, that the question must now be left for settlement in their own hands. The accounts from Maine were of an unfa vourable character. Fresh difficulties were likely to arise to prevent, or, at least, indefinitely postpone an amicable arrangement Bu stone, the comedian, had made his appearance t the Bowery Theatre, and was warmly received. Miss Fanny Elssler was also earning golden opinions ; but we regret to state that a very disgraceful scene of riot occurred in front of her residence, the North American Hotel. A party of her countrymen having resolved to erenade her as a compliment to her abilities (a custom -ery frequent in America), assembled with instruments, stands, &c., to the number of 60, in front of and, of course, attracted a considerable as as soon, however, as they had commenced the serenade, a sudden rush was made by a large party )f loco focos, who immediately demolished the instru- her hotel emblag rents, and, after committing various acts of outrage, ;et fire to the music stands—the multitude all the while iietly looking on, and no peace-officer interfering to Such is the state of law wevent this gross outran n New York The following are the most interesting extracts from the papers by the Great Western (From the New York Morning Flerald.) THE ARRIVAL OF THE STEAM-SHIP PRESIDINT.--We lave only room to announce to-day the mere arrival of the President. She was telegraphed esterday morning at eleven o'clock, but did not reach her dock till nearly five in the afternoon. atiful steam -ship th The President went up the North River, and passed round the North Carolina line of battle ship, in beautiful style. The sailors mounted the rigging, and gave her several cheers on each side. The President saluted her. and the battery at Castle Garden returned the salute. The President is the largest steam-ship in the world, and eclipsed the North Ca rolina. We subjoin the following deserved tribute from the pas- rs to Captain Fayrer ro LIEUTENANT It. I. FAYRER, R.N., COMMANDER OF THE STEAM-SHIP PRESIDENT,' SlR,—After so delightful and prosperous a voyage across ktlantic, the undersigned, passengers of the President, ' -4: it is due to themselves, as well as you, to express sentiments of satisfaction in the ship and regard for her commander, hope you will not consider that in so doing they are influenced so much by customs which prevail on such oc casions. as by a sincere desire to make known to you the real !elini, , t feelings their hearts Ii is a source of no small satisfaction to us that we have led, on her first voyage to America, in the most magnificent m-ship in the world, in every respect, and we rejoice that success has been complete. By the ability, fidelity, and skill in the management of ship—the urbanity and kindness—the desire to increase comfort—which you and your officers have continually ,ave merited our warmest thanks; and it is e that prosperity may always attend you in .e voyage THE NORTH-EASTERN BOUNDARY The Woodstock Times expresses deep indignation at the purpose of the marshal of Maine, Colonel Parks, to make an enumeration of the people of Madawaska for the United States census. It is stated, on the authority of a letter dated the sth inst., that the marshal had arrived at the foot of Fish River, accompanied by Mr. Haines, editor of the Bangor Herald, and had actually commenced operations on that morning. The Times thinks that the representatives of the British Government will not tamely look on and " suffer such an audacious violation of existing arrangements to pass without being noticed in a manner becoming the usual Promptitude of Sir _John Harvey;_ nor yet to suffer those participating in such a flagrant violation of the laws of na tions to escape with impunity." The same paper gives the following information of the lovements of the engineers from England, who came out Britannia for .the purpose of completing the survey, nich was left unfinished last season : " Captain Broughton, R.E., Mr. Featherstonehaugh, jun., and M. Whightman, with a surveying party, arrived here last evening from head-quarters. After remaining a short time they proceeded en route to the disputed territory. We understand they will commence operations in the neigh bourhood of the Grand Falls, thence they will proceed to Lake Metis, and thence to Quebec. From Quebec they will proceed to the S.W., and will in all probability fall in with the American party that have proceeded to the Kennebec." —Boston Daily _Advertiser. An unpleasant report has reached us that a few days ago, as the American steam-boat Chesapeake was returning from Chippewa to Buffalo, some men of the coloured company commanded by Captain Macdonald, stationed at Fort Erie, fired several rounds of musquetry at her. We understand that the commandant of the garrison at Buffalo has com municated on the subject with his excellency Sir George Arth in which tit:e there can be no doubt of the matter undergoing investigation, and that the offenders will be visited with such punishment as, upon conviction, the nature and extent of the crime may call forth.— Toronto Colonist. We learn that Colo►:el Bank head, commanding at this post, has received a communication from the lieutenant colonel of the 93d Highlanders, at the Falls, enclosing a copy f the opinion of the court of inquiry, ordered on account of icing upon the Cincinnati and Chesapeake, by the coloured at Waterloo. From the testimony submitted to the rosy provocation was offered by those court, it on board each boat. The British officer, however, admits that the firing, notwithstanding the provocation be mentions, s entirely unjustifiable, and says the most rigorous mea- Ts will be adopted to discover and severely punish the enders. At the time the outrages were committed there sno officer in command at Waterloo. Effectual precau ----inst the repetition of like offences have been promptly Buffalo Cornraercial Advertiser. CANADA The only item of interest in the Montreal papers is the speculation of the corps editorial on the grand scheme of the whig ministry, for the re-union of the Canadas. Th e course the Duke of Wellington appears to be much re all parties, but now the bill is passed, they express _._3tion that the friends and advocates of the mea re should show their strength, not only in giving imme t to the provisions of the new act, but in perma ishing their principles and influence. Let union they say, and let no time be lost in con- Junto/ and the enemies of the measure, great boon_which has at last been be the watc ncing the matt conferred upon the two provinces. We hear nothing of any confirmation of the report 'respecting the immediate depar- tore of Governor Thoinson MEXICO In our Havannah paperswe - fin4 late news from Mexico. The journals of Vera C 1122 lament bitterly over the capture of Campeachy, and charge the central government with in difference and corruption. the house of Livirdi, heiUg no longer reimbursed for its to the Mexican government, has refused auy longer a furnish the outlays far diplomatic legislatures. Garro, the minister at the court of France, had sent his secretary to complain of the dereliction. A letter from San Louis de Potosi states that the Junta Departamental has requested the conservative power to change entirely the present ministry, as their acts have ever been obnoxious to popular liberty. n the 11th June, authorises a loan of :wed by mortgage on those euvtom the 15 and 17 per cents. tertiary of her Britannic Majesty has t his government, the reimbursement cent. paid by the English subjects in iws of the 26th November and 27th z dutif lister p f the dat rinity with arrison of Puebla has been ordered to Id seem to intimate some apprehension aleulation made by " El Desengano," it follows tity of brandy worth ten dollars, pays in Mexico Britain t of the 10th has the following :—The Eng ddressed a note to the government, stating rtai❑ time Texas is not recognised, Great fledge its independence. This letter adds, has offered to become a mediator in the ary questions. ptain Robinson, of the Matilda, arrived tatnoras, that when he left there were 11 12 pieces of cannon, at that place, waiting the arrival of 2500 Texian troops, who had threatened D attack the place. Captain Robinson stated that they were , n the march to Little. Our advices fron► Galveston are up to a very late date. The destination of the Texas squadron was a matter of much speculation. The government had evinced a decided disin clination to assist the Federalists in their meditated attack nu Metamoras, and it was thought it would be abandoned. The crops looked promising, and the country was usually hoolfht, BAHAMA, We have the Bahama Royal Gazette to the 6th inst. On he 24th July, the settlement called San Fernanda, situated vithin the port of Neuvitas, in the island of Cuba, was en tirely destroyed by tire, which caused muc h distress, a n d rc luced many poor famili es t o th e greatest indigence. VASSAL AUGUST 5 a Spanish brig from Cadiz, bound to and having 70 passengers on board, nfortuuately About the 13th ul Havanna: struck dlith`eiVittearat'scer.""the atWwithNive seaina ih the brig's boat, proceeded to Neuvitas for assistance, whence a small sloop (the Carmita, Capt. Batboso, now iu this port) was immediately despatched, but on arriving at the reef the brig was not to be found ; suppose she may have drifted off, and proceeded on her voyage; no accounts, however, have been received of her. MONEY MARKET, AUGUST 16-6 P.M The President was announced to-day with seven days later news from England. Money continued exceedingly abun dant in London. Cotton had improved, and corn had de clined. Notwithstanding the abundance and comparative cheapness of money in London, the foreign exchanges exhi bited considerable weakness. This seems in a great measure to arise from the doubts and speculations concerning the harvest; the prospects, however, with reference to which considerably brightened during the past week. The exchanges on London had fallen in the continental markets, in conse quence of the large supply of corn bills running on England. In the markets here to-day but little was done, the an nouncement of the steamer early in the morning caused a cessation of business until the letters by her should be re ceived. At the stock board sales were small at a general decline in price. United States Bank fell off 1+ per cent., North American Trust and Banking Company 1, Harlem Delaware and Hudson improved } per cent., Stonington +, New Jersey 1. There have been limited sales of bills for the Great Wes tern at 61 a 7, or 474 dollars a 475 dollars the pound sterling, on France 5274 dollars. The rate for money continues low, and capital is accumulating in hands, which find great diffi culty in employing it safely; short loans payable on demand are made at very low rates. Government treasury notes, bearing 5 per cent. interest, are readily taken up. FOREIGN INTELLIGENCE, FRANCE The trial of Louis Napoleon will not commence till the Ist October. The meeting of the 15th will be for the purpose of reading the accusation, but the prisoners will not be brought forward till the day above named. General Excel mans has refused to be present at the trial. Our corres pondent tells us that Prince Louis Napoleon is greatly an noyed by two valuable cameos and two pictures, family gifts, which he valued most highly, having been sold by auction in London. In giving an order for the sale of his furniture he unfortunately - neglected to zeserve the articles in question, and the whole was sold in strict performance of the terms of his letter. The unfortunate young man is much cast down at the loss of those family treasures, and he thinks more of them than of the critical situation in whiCh he is placed. His father, the Count de Saint Leu (Louis Napoleon Bo naparte, ex-King of Holland) has addressed the following letter "TO THE EDITOR OF THE COURRIER FRANCAIS.' " I entreat you to receive the following declaration " I am aware that a recourse to publicity is at once singu lar and improper, but when a father, afflicted, aged, ill, and an exile, cannot otherwise assist his unfortunate son, such a recourse can be but approved by all those who have a father's heart. " Convinced that my son—my only remaining son—is the victim of an infamous intrigue, and has been seduced by vile flatterers, false friends, and perhaps insidious advice, I can not remain silent without a breach of duty, and without ex posing myself to the most bitter regrets. " I declare, then, that my son Louis Napoleon has, for the third time, fallen into a frightful snare, into a horrible, premeditated snare, since a man, not entirely void of intel ligence and good sense, could never have of his own accord rushed headlong into such a precipice. If guilty, surely the most truly guilty are those by whom he has been urged on and misled. " I moreover declare with horror, that the insult inflicted on my son by confining him in the prison of an infamous assassin, is a monstrous, un-French piece of cruelty ; that it is an outrage as vile as it is insidious. " As a ather deeply afflicted, as a good Frenchman who has passed through the ordeal of 30 years' banishment, as the brother, and, if I dare say so, the pupil of him whose statues are once more being raised to their pedestals, I re commend my misled and seduced son to his judges, and to all those who possess a French and a paternal heart.—Your subscriber, " Louis DE SAINT LEU." A grand reform banquet was given at Chatillon, near Paris, on Monday last. Six thousand persons, principally of the National Guard, were present. Toasts of a very inflamma tory nature were drunk, and violent speeches made—the speakers being each announced as " citizen." THE EASTERN QUESTION, The Reveu des Deux Mondes of the 31st August attacks again with singular virulence the quadruple treaty of the 15th of July, and tries to demonstrate that it is impossible to fulfil that treaty, and that ultimately it will have no satisfactory results : _ . " It matters little to France," says the Reveu, " whether Mehemet Ali chooses to resign Syria, and even Egypt to the Sultan, or to give up his political existence. and retire into private life, or whether the Viceroy decides upon a vigorous defence. As long as it is the Ottoman Porte alone that acts against him, France can have nothing to say. The part of France will be that of an armed observer. The policy of France is well known, it is interested and dignified. She asks for nothing, but she will not allow the balance of power in Europe to be infringed, and, if the day of battle should come, she will choose her own field for action, and not have it marked down by others. But let us now examine the " coercive measures" that are about to be taken against Mehemet Ali. _ _ . . Will you blockade Syria ? But England has maintained, in the Spanish question, that neutrals could not be made to admit the blockade of a friendly power. Syria is a province of the Ottoman empire. England cannot, therefore, blockade the ports of her ally, and the Porte cannot blockade itself. The Sultan, it is true, can, as a measure of policy, close any of his ports against every flag without exception, but in that case the Sultan's forces must be allowed to act. Will you bombaril Alexandria? It would be a singular way of rendering service to the Sultan to burn his fleet with that of the Paella's, and destroy one of the most flourishing cities of the empire. It would be a great proof of Anglo- Russian affection for the young Sultan. Well, suppose you do both these things, will not Mehemet Ali order his son to pass the Taurus and march upon Con stantinople ? What will the British ships do then ? They will be employed in conveying cargoes of Russian troops to Egypt and Syria, while the Muscovite army will be on its way to Constantinople to oppose Ibrahim. It is to be hoped that nothing of all this will take place, but if such things are now probable, it is Lord Palmerston's policy that is to be thanked for it. Hitherto the peace of the world depended on the European Cabinets, or rather on the governments of France and England. But now it lies at the mercy of a Turk, of a Paella, who in a corner of Africa is calculating all the chances of a general conflagration of the east and west ; and, doubtless, he would not neglect those chances. The enormity of a Russian intervention is now, however, universally admitted. Whigs, tories, and radicals, in Eng land, all agree in reprobating the employment of Russian troops as a coercive measure. Austria and Prussia begin to open their eyes on the results of such interference, and are far from consenting to it. Russia herself does not seem in a hurry to act. In short, at this moment no one dares to employ Russia in the execution of the treaty. Then what becomes of , this famous convention of Lord Palmerston, for which he has not hesitated to sacrifice the alliance of France ? Lords Ponsonby and Palmerston cling to one hope—per haps the insurrection in Syria. British and Russian agents are no doubt at work to srir up the population of thatprovmce, and arming them in a useless rebellion against the viceroy. The rebellion will only tend to render the tyranny of Mehe met Ali more fearful and more oppressive to the unfortunate inhabitants. But what of that ? As long as it can be said that the Anglo-Russian treaty is not a dead letter, and that its fruits are seen. But, alas ! what fruits ! We can foresee a deal of misery and confusion, but no poli tical or reasonable results. Therfore, let us hope that the good sense of the English nation, the evident interests of Austria and Prussia, and the moderation of France, may yet avert the storms that threaten to disturb the peace of the world. But words are not sufficient to avert it : a powerful and persevering attitude alone can do so. Such an attitude as the French cabinet, with the consent of the king, has ta ken and will uphold, and is ready to render still more power ful and dreaded. CHINA Canton newspapers to the 26th of April have come to hand by the Aden steamer, Captain Ponsonby, which arrived at Falmouth on Monday. They state that, in the event of the English attacking the Bogue, it is the intention of Governor Lin to destroy the suburbs of Canton, and to put the city itself in a state of defence. The city is surrounded by a wall, turreted at irregular intervals, of 10 feet high, without ditches or any other works of defence. The population of the sub urbs is larger than that within the walls, and comprises the most industrious portion of the inhabitants. All its foreign trade, manufactories, and warehouses, are in the suburbs, circumstances which render this rumour extremely im probable. The notion of sacrificing one-half the popu lation of Canton, on the supposition that by so doing the safety of the other half may be secured, is even too absurd for the barbarous obstinacy of the Chinese. An edict has been issued by the Canton authorities forbidding any ship to enter the Bogue whose papers have not been pre viously forwarded to Canton and a formal permission to proceed to Whainpoa received in return. The dreaded com missioner had not arrived. Private advices by the Aden state that the consignees of the American vessels remaining in port had given notice that they would bring no more tea for transshipment. They designed to complete the cargoes of their vessels, and then wind up their affairs. Freights ♦aried from 1:6 to £B, and even £9 per ton. The exports of tea from China to Great Britain during the year have been estimated at from 25 to 30 millions of pounds.—Standard. COURT CIRCULAR—TaUftSDAT The Princess Augusta was visited yesterday, by the Duch ess of Gloucester. Sir Henry Halford attended her royal highness, yesterday morning, and Mr. Moore was in con. stant attendance on the princess during the whole of the day. The following is the account of her royal highness's health issued yesterday Princess Augusta continues much in the same state " Clarence House, Sept. 2.' _ • Amongst the inquirers after her royal highness, yesterday, was the American minister, the Netherlands minister and Madame Dedel, the Brazilian charge d'affaires and Madame Marques Lisboa, the Duchess of Inverness, the Duke of Dorset, the Duchess of Cannizzaro, Viscount Templetown, Lady F. Somerset, and Lady Pultney. The Duke of Sussex was pleased to inspect, yesterday morning, in Kensington Palace, two of Mr. Stidolph's newly invented writing machines, made by command of his royal highness for the Princess Sophia and the Crown Prince of Hanover. His royal highness was pleased to express his ap probation. WINDSOR, WRDNISDAY.—This afternoon her Majesty, accompanied by the Queen Dowager and the Princess Hohenlohe, drove out in the park in a pony barouche. Her Royal Highness the Duchess of Kent, Princess Therese and Princess Ida of Saxe Weimar, followed in a se cond carriage Lady Charlemont and Baroness Spaeth in a third carriage ; and Lady C. Dundas and Lady Barring ton in a fou r th carriage. Prince Albert and the following gen tlemen accompanied the royal party on horseback :—Lord Denbigh, General Bowater, Mr. Seymour, Viscount Mel bourne, Viscount Palmerston, Sir Henry Wheatley, Earl of Surrey, Sir William Lumley, and Lord Lilford. His Royal Highness the Duke of Cambridge rode through the town this morning on horseback. Baron and Baroness Poelnitz and Lord John Russell ar rived at the castle this afternoon. Colonel Bouverie left the castle this afternoon. The following will be included in the royal dinner part this evening :—Her Majesty tre Queen Dowager, her Royal Highness the Duchess of Kent, his Royal Highness the Duke of Cambridge, the Prince and Princess Therese of Hohen lohe, the Duchess Ida of baxe Weimar, Lady C. Dundas, Viscountess Barrington, Lady Charlemont, Colo ne l J ones , Hon. Misses Pitt and Spring Rice, Lord Lilf or d , Lord Den bigh, o s n i e r l HW.e.wtley m yhsea , Viscount s Pal s, Mr. Sey mour, Col. Pal merston and Melbourne, Madame de Hugel, Baroness Spaeth, B bi o g w h t S e i r r , WE;r Lumley, of Surrey, Baron and Baroness Poelnitz, Lord John Russell, Baroness Lehzen, the Rev. the Provost of Eton, Hon. G. Liddell, Hon. J. E. Anson, Earl of Uxbridge, and Mr. Anson. Lord Paget and the Ladies Eleanore and Constance Paget will have the honour of joining the royal party in the evening. Madame Dulcken had the honour of performing some ad mired airs on the piano-forte before her Majesty and the royal party this evening. LIVERPOOL SUMMER ASSIZES NISI PRIUS COURT.—MONDAY. (Before Mr.• Baron ROLFE and a special jury.) THE GREAT WILL CAUSE -THE DLUNDELLS OF INCV The greatest excitement was manifested this morning on the subject of this case. The court avenues were besieged from an early hour with parties of ladies and gentlemen, de sirous to obtain seats ; but no one was admitted without the permission of the sheriff. The arrangements were admirable. —When the doors were opened, every seat was speedily oc cupied. The bar presented an unusually gay appearance ; ladies in the most fashionable attire being dispersed amongst the gentlemen of the wig and long robe. Amongst the other parties presont, as witnesses or from curiosity, were Dr. Lingard (author of the History of England); the Rev. Dr. Shepherd, of Gateacte ; Sir Frederick Pollock, Q.C. ; the Rev. Jon. Brooks, rector of Liverpool; the Rev. Joshua Thomas Horton, rector of Ormskirk ; Edward Roscoe, Es 9., a son of the author of the Life of Lorenzo di Medici, Leo X., &c. The high sheriff, with two ladies, was upon the bench. The galleries were crowded with ladies • and Lord Camoys, it was said (we know not with what truth), was in one of the galleries. The following gentlemen were sworn of the spe cial jury : George Badenach, Liverpool, merchant. Samuel Dutton, merchant. John Crossley, of Scaitcliffe, Esq. William Gaskell, Tosteth Park, merchant Samuel Job, West Derby, merchant. Thomas Lewis, Toxteth Park, merchant. Christopher Rawdon, West Derby, Esq. Charles William Newman, West Derby, merchant Stephen Shute, Liverpool, merchant: John Melladew Lees, Chorlton-on-Medlock, merchant . John Moore, Garston, merchant ' • and David Bellhouse, Chorlton-on-Medlock, merchant. . . The counsel engaged were—for the plaintiff, Sir John Campbell (Attorney-General), Mr. Alexander, Q.C., Mr. Crompton, and Mr. 'Watson ; for the defendant, Sir T. Wilde (Solicitor-General), Mr. Cresswell, Q.C., Mr. Wight man, and Mr. Martin. Mr. WATSON opened the pleadings, stating that the plain tiff was Thomas Weld Blundell, and the defendants Thomas Lord Caraoys and Mrs. Elizabeth Tempest; and the feigned issue to be tried was, whether the will made by the late Charles Robert Blundell was a valid will. The plaintiff as serted the affirmative, and the defendant the negative. The ATTORNEY-GENERAL then rose and said,—May it please your lordship ; gentlemen of the jury, I have the honour to attend as counsel for the plaintiff on the trial at issue. You have no doubt heard from my learned friend who opened the pleadings, that the question arises upon the validity of the will of Charles Robert Blundell. That will is dated the 28th of November, 1834 ; and the question is, whe ther it be valid or invalid, with respect to the real estate of which he died seised. It is not disputed, gentlemen, that, on that day, this will was executed ; it is not disputed that it was signed by the testator, Charles Robert Blundell ; it is not dis puted that it was duly attestated according to all the forms of law. But, gentlemen, it is said that the testator was insane, that he was incapable of making a will, and that he had been insane during the whole of his life. Now, if this defence can be made out in point of fact, there can be no doubt that it will be a com plete defence in point of law. Peculiarities and eccentricities may be imputed to many individuals whose sanity cannot be questioned—who are some of the most intelligent, of the most refined, the most acute, and the most rational of mankind. Gentlemen, I will venture to say, that in this class will be placed Mr. Charles Blundell, the testator. You will find that he was a gentlemen of great acuteness, of great profundity in understanding, of high acquirements, of a literary taste—a scholar and a gentleman. You will find that he reached the age of, I think, 74 ; and that his sanity never was, for one moment called into question. It will not be said, I presume, that there was congenital imbecility of mind ; it will not be said that he was born an idiot . It will be allowed , I appre hend, that he was a man of very considerable talent, as well as of acquirements. It will not be said that he ever met with any accident to disorder his brain or understanding. It will not be said that he had any disease, fever, or other bodily malady, to impair his understanding. It will not be said that he was reduced by old age to a state of imbecility, and that he had ceased to have that reasoning faculty by which he was formerly distinguished. At the time that the will was made, in the month of November, 1831, it cannot be said that he was not as capable of making a will as at any prior period of his life; and therefore, the only course that my learned friend (the Solicitor-General) can have, will be to say that Mr. Blundell was always intestable— that never at any period of his life was he competent to make a will—that he was always incapable of entering into any legal contract—that he was in capable of doing any act that should be valid in law—that all the bargains be had made, the leases he had executed, the conveyances to which he was a party, were all void, and might be set aside. It would be strange, if it were so, that he should be allowed to remain, until he attained an old age, in the complete management of his own affairs. The qiiestion you will have to decide, gentlemen—the great question—is, was he capable of managing his affairs ? The best proof of that will be, that he did manage his affairs, and that nothing he ever did was questioned till he was in his grave, and when his will had disappointed those who expected to derive a be nefit from it. If the case of my learned friend were really founded in truth and justice, it would be strange that Mr. Blundell's relations did not sooner interfere, that they did not interfere in his life, that they did not sue out a commission of lunacy against him; that they did not deprive him of the opportunity of making away with his fortune, and of abusing the power that he possessed. This gentleman (the testator) resided at Ince Blundell, the ancient seat of his family, about nine miles from Liverpool, His father was Henry Blundell. They were one of the oldest catholic families in the county of Lancaster. They have been seated there, I believe, almost since the conquest, and they were connected with almost all the great catholic families in England. You are aware that the great catholic families have married very much among one another; and the Blundells, I believe, were connected thus with almost all of them. Mr. Henry Blun dell was a gentleman of vigorous understanding. He lived to a great age : he died, I think, nearly 90. H e had been reduced very much by age and infirmity : he was almost blind, he was almost deaf. He had three children—Charles Robert (whom I shall call the testator) and two daughters. These children constituted the whole of his family. His daughters were married into two great catholic families. One daughter was married into the family of the Tempests, of great possessions and wealth ; the other into• that of the Stonors, of Oxfordshire—the present representative of which now enjoys the title of Camoys—a gentleman of great wealth and possessions. At the time of the marriage, they had, as was highly proper and becoming, very large and ample for tunes, that were given to their husbands. The father's estates consisted of two parts, the Lestock and the Ince estates. The Lestock estate he held in fee-simple, and could, in point of law, dispose of it as he chose ; it was an estate of about .£B,OOO a year. The Ince is rather larger, being not less than .0,000 a year ; and it is the title to that . . estatewhich is to be decided by your verdict. There had, unfortunately, been differences between the father and son. Who was to blame, we cannot now by any means ascertain. Perhaps there were faults on both aides. The son com plained, and so far, it would appear, very justly, that he had an insufficient allowance. He had been educated at Leige, as a great number of persons of catholic families at that time were. He then went to Italy and France. He com plained, and I think justly, of the allowance that was made to him. I believe that out of an estate of £15,000 or £16,000 a year—perhaps at that time the income was not so great—the son was allowed no more than £lOO or £2OO a year. But he never exceeded what he received, for he was through life extremely frugal. He complained of this very much, and I believe that this was the origin of the unhappy differences between the father and the son. The father made his will upon the 24th day of July, 1809 ; and by that will he left away the Lestock estate in equal moieties between his two daughters, and to their children in remainder—that is to say, if the line of the Stonors failed, their moiety was to go to the Tempests ; and if the Tempests failed, then the whole was to go to the Stonors ; and his own son was cut off from all chance of ever inheriting, either for himself or his issue, and part of that Lestock estate. Gentlemen, Mr. Charles Blundell felt himself very much aggrieved by this proceeding of his father. He had what, I believe, to a considerable de gree may be excused, pride of family ; and he thought that this estate, which his father had inherited, ought to have been left to him, to enjoy in the same way as his father had enjoyed it. The father died in the year 1810. At the time that he made his will, he had been very much reduced by age and infirmity. As I told you before, he was almost blind and deaf: and he had, I believe, the jaundice, which at times so reduced his strength that he could hardly articulate. From the account which the son had received respecting the 'execution of his father's will. he had reason to doubt, whe ther, in point of law, that will was valid. He never at all imputed insanity to his father; but he had reason to doubt whether, at the time the will was made, his father was not so far reduced by age and infirmity as not to be cognizant of what he was doing, and that he was a too', in the hands of others. Gentlemen, for that reason, he contested the validity of his father's will. There was a trial, on that will, in this county, before Mr. Justice Bayley. It would be found in the 19th vol. of Vesey's Reports. On that trial the validity of the will was satisfactorily established. Mr. Justice Bayley intimated his opinion, that the testator was of sound mind, and that the will was a valid will ; but at the same time he intimated, that, under the circumstances of the case, the heir-at-law was fully justified hi asking that the execution of the will should be fully proved before a jury. It was es tablished that the Lestock estate was for ever torn from the property of the Blundell family. There was subsequently a private act of parliament obtained by the parties, by which it w as partitioned between the Stonors and the Tempests. Mr. Charles Blundell was therefore obliged to be content with that of which his father could not deprive him, with that which was entailed on him, the property of Ince Blundell, as tenant in tail. He established himself at Ince Blundell, a place which, if you have not seen, I recommend you, after the trial is over, to refresh yourselves by visiting ; it is one of the most interesting places that I have ever witnessed. There you will find a very fine collection of statuary and paintings; there you will find, though at present in a state of desolation, the place being in chancery, many things that will interest you exceedingly. There was established the residence of Mr. Blundell, and there he exercised very general hospi tality. He was visited by persons of great distinction, by men of the greatest talents and acquirements. There was one gentleman I see in court, the distinguished author of Pollyio Bracciolini (Dr. Shepherd), who, along with other great literary characters, was in the habit of visiting him. By and by I will read to you a considerable portion of the testator's correspondence, letters from him and to him. He managed his own affairs. He was a great enemy to poachers, and I hope that will not be deemed a proof of insanity—but liberal in distributing the game belonging to him, and 1 hope that that will not be construed into a proof of insanity. Gentlemen, he never married ; he became an old bachelor ; he never was under the controul which is very wholesome in domestic life. (Laughter.) I think it is said that domestic life is the discipline of humanity ; and, I believe that those who have become old bache tlbohyressy are,eravnadn servants r va e i no r dg i o t under any control, may sometimes, if dependents, chateaua a d b i y i a vtihnegmnsoe dutieslves . to surrounded perform. e i rb r ee e db p , eri brought sn u a eet r yf h seol a air b grw i n t alt s Bre , dis w tla, h tsi aiecpghrro,eoeafter of they insanity , are in although thei r graves, a w s c u may e g fi r never supposed by reasonable men to affect their under standingsthereby lie tp heer tsyo,e and. b r, en wasatym ofe atseised that h at libertypi proceeding, ct f o e e ee disposed- recovery G Gentlemen, l t e h m e e i n n , e M e e r s . t at Blundell e. s i i n m g p , l e sufferingo o f f i the t, ina whole pointr e eu O r f eo t rf h yl a a t uy r f :ans. he thought fit. In passing, I will just draw your attention to entailed estate. I apprehend that, if a ma a is capable , of suf fering a recovery, he is capable of making will. Some of my friends shake their heads at that proposition ; but I think my learned friend the Solicitor-G enera l will not venture to contest it.—[The Solicitor-General : " I did not shake my head."] He says, that he did not shake hi s h ea d ; and if he did, I am sure 1 would not say that there was, " nothing in it," although I venture to assert that my learned friend is subject to a few peculiarities and eccentricities. But if such a proceeding, on account of those peculiarities and eccentrici ties, were to be set aside, the will of my learned friend may aaft a s may be ; for, gentleman, he was devo ted to books,— he was hereafter be questioned, although he is one of the most rea sonable, as well as the most talented , of mankind. Gentle men, it is not disputed that that reco ver y was a v alid recovery. Any bi bli °Te n n i i a a M ; and d ß if lu t n h d a e t l i l in constant communication, not only wi th men like Dr. Shep smto set aid a might t h ave ee had adabout will, m him afraid was d this herd, eminent in literature, but with booksellers having rare works, or rare editions of works to sell. He was proud of showing his pictures and statues. He was excessively hospi table ; he was living as a respected country gentleman in the county of Lancaster. I might mention,—and I hope my learned friend will not think that a proof of insanity,—that he was a good whig. But he was a man, liberal in the best sense of the word ; he associated with persons of different po litics to himself. He was a good catholic; and I hope that Lord Camps will not think that a proof of insanity, for be himself is of that persuasion, and I hope most sincerely con vinced of the purity and truth of his creed. Mr. Blundell took a part in the politics of the day ; and you will find him in all concerns, great and small, from the progress of the arms of Buonaparte and the changes in the government of the country, down to the detection of a poacher ; seeing that no family improperly entered into the township ; and that every individual it, the township who had a claim to relief was properly relies-ed. , Living An this manner, it so hap pened that in 1821 he met with an accident which nearly' proved fatal to him, and be was for some time dangerously ill. Upon that occasion he made a will; and one of the questions for your consideration will be, whether this will of 1821 was a valid will or not. To draw it up, he sent for Mr. Eden, a solicitor of this town, who, I understand, was not only one of the most zealous, industrious, and useful solicitors in practice, but a man of undoubted honour in his profession ; and that I am prepared to prove, and am entitled to prove, if his integrity should be called in question. He was most scrupulous, scrupulous even to a morbid degree. Mr. Eden was a man who would sooner have thrust his hand into the fire, or suffered the greatest violence that could have been inflicted upon him, than have been a party to the will of an incompetent testator. Alr. Eden was sent for on that occasion, and the will was made. —You will find that in this will, and another of the year 1827, both made prior to the one in question (that of 1834), the testator had come to this resolution, that the Ince property should not go to his heirs-at-law--that is, to his sisters or their children ; but he wouldlnake a herias faetus that would keep up the name and dignity of Blundell—that he would take as his heir a relation of some one of the great catholic families to which he was related. Gentlemen, he was related to the Motes-us ; for his mother was a Mostyn of Kidding ton, and they have since acquired the title of Vaux. Another family to which he was related was the Welds, of Lulworth, one of the most distinguished catholic families in the king dom. You will perhaps recollect, that a member of the family, a few years ago, was made a cardinal by the pope, which gave the family a kind of splendour in the eyes of the whole of the country. He was the great grandson of Sir Rowland Stanley, of Ilooton, who was the common ancestor of the Welds and Bluudells. The testator was the great grandson of that Sir Rowland. Mr. Blundell had no per sonal acquaintance, or a very slight one, with the family of the Welds; but I shall show you, that they were in the habit of visiting him occasionally, and that he was aware of the re lationship ; that he much esteemed them, and was more and more disposed to give them the preference. The first will he made was on the 10th of September, 1821. This was during the illness to which I have referred. By this will he left the Ince property to Charles Brown Mostyn, of Kiddington ; with a remainder to his sons in tail-male—a remainder to the second son of Edward Mostyn, of Worcester, with a re mainder to his first and second sons in tail-male. That was with regard to the Ince property only ; for he divided the estate, leavir ' s the great bulk to. Charles Brown Mostyn, of Kiddington ; but there was a part of the property, at Preston, Broughton, and Chipping, that was to go to the youngest son of the Welds of Lulworth, for his life. Now bear in mind that the christian name of Weld was left blank ; for it will explain one of the grounds of defence, on which you are called upon to say that the testator was insane. Therefore, you will see that in 1821—and it is material to bear this in mind—the testator had determined that his heirs at-law should be cut off, and that he would leave his pro perty to a more distant relative. Now, gentlemen, I should just wish to know from my learned friend whether he will say that this will of 1821 is valid or invalid. Unless it is in valid, the heirs-at-law have no case, because, if this is valid, it is to them wholly immaterial that the wills of 1827 and 1834 should be void. If the two subsequent wills are void on the ground of insanity, the will of 1821 stands a valid will, and they would equally be cut off. Lord Camoys and Mrs. Tempest have no case, unless all the wills are en tirely to be set aside. This will of 1821 being made, the testator recovered, and lived on as usual at Ince Blundell till the year 1827, when another will was made by him. That was likewise prepared by Mr. Eden. You will find, that in this will of 1827 he gave a different preference to the object of his bounty. It was formed on a different scheme ; for the whole of his property went undivided. He left all his estates in trust for the use of Charles Brown Mostyn, for life ; then with a remainder to Henry Mostyn, his son, who, I suppose, had been born in the interim. Then there is a remainder to the first and other sons of Henry Mostyn, in tail-male. Then there is a remainder to John, the third son of Sir Thomas Stanley, for life, and to his first and other sons in tail-male; then to other persons in tail-male. Then there is a remainder to the second son of Joseph Weld, for life; therefore the Welds were here brought in, as a remain der for the whole property. Now, in this will he is called, not Weld, but Joseph Weld ; and 1 will explain to you, by and by, that this second son is the plaintiff on record. Is this will to be set aside ? Was Mr. Eden, the respectable solicitor who drew it up, along with the subscribing witnesses who attested it, in a conspiracy to defraud the heirs-at-law ! Things remained in this state till the year 1833. Mr. Blun dell then resolved to make another will, and he then began •the framing of this will, the validity of which is the question you are to try. It will be my duty to detail the manner in which this Will was prepared ; and I will venture to say— and I am sure that my lord and you will yet be of opinion that I am guilty of no exaggeration when I say—that the framing of this will can be established in a manner in which not one out of ten thousand wills can be. It so happens that we have the written documents showing how this will origi nated, how it proceeded, the written instructions that were given for it, the deliberation bestowed upon it, the entire contentment of the testator with all its limitations, legacies, and devises, and that it was a deliberate and solemn act. — [The learned lentleman proceeded to read a great number of letters, relative to the will, that passed between Mr. Blun dell and Mr. Eden, from September 14, 1833, till the com pletion of the will in November, 1834, together with the memorandum of the instructions for the will, taken from the testator by Mr. Eden, and fortunately preserved. The first memorandum ran thus :—" Real estate—second son of Edward Weld, of Lulworth, in the county of Dorset, Esquire, for life. Remainder to first and other sons, and heirs male of their body. Remainder, three, four, and other sons for life, with remainder to their heirs male. Sons of brother of Edward Weld, in succession."]—Now, gentle men, you will find that that is in substance the will that was framed. At the same time, Mr. Eden made a sketch of the pedigree of the Weld family, which explains the mistake in the name. Edward Weld should be Joseph Weld. In another memorandum, d raw n up on the 20th September, 1 find this—" Charles Bl un dell, Esq., real estates.—Second son of Edward Weld," and then the Edward is underlined, and a query put opposite to it, showing that there was at that time some doubt as to the Christian name of the brother of Cardinal Weld.—The Attorney-Qeneral read the whole of this memorandum, which formed the basis of the will.] Are the letters which I have read the letters of Li madman ? I wonder when the insanity came upon him. • It must have been connate, as the doctors say. I cannot sa y th ere i s a ny symptom of insanity in one of the letters that I have laid be fore you, and you have heard all of them respecting the that I am aware of. Although be had decided as to his real estates, he had not yet intimated how the remainder of his property was to be disposed of ; but on the 22d of November he wrote to Mr. Eden, s tating that after h av i ng ma t ur ely considered the matter, fe should choose to 'leave all his pro perty in the public funds, subject to the payment of certain legacies to fhe Rev. Dr. Bramston and the Rev. Dr. Walsh ; but he thought it would not be right to inentien the specific purposes in the will, but to leave it to them in shape of a bequest, trusting to their honour for the app:caliation of it to the intended purposes, verbally communicated to them. This shows that Mr. Blundell had a good knowledge of the statute of mortmain. if the object had been specified in the will, probably the buying of real estates, whereby there might be some catholic chapels or catholic seminaries endowed, that would have been void by the statute of mortmain. This might show that he wished to evade the law, but it shows that he had great acuteness notwithstanding. The jury will observe, that the only plaintiff on the record is Mr. Blundell, the person who has taken the name of Thomas Weld Blun dell ; but all who take any benefit under the will of the real estate are interested in your decision—all who have any leases, or any legacies charged on the real estate. If the will was to be set aside, these leases are void, and those who have legacies left to them will be disappointed, as well as Mr. Weld. A last letter having been sent to Mr. Eden, with the final instructions of the testator, which were most minute, most distinct, most substantial, he stated that when the wholt were thrown into a proper legal shape, the will was to be executed. The solicitor having executed his part, he accord ingly, on the following day, the 28th of November, went with his clerk, Mr. Ashton, to Ince. They arrived there be fore dinner. There was first a meeting in the library ; and even then, at the suggestion of Mr. Blundell, some altera tions were introduced, which you will find referred to in the attestation clauses. That done, they descended into the dining-room; and the attesting witnesses, Thomas Baines, a tenant of Mr. Blundell's, and a man of the name of Rich mond, a butcher, of Ince, were called in. These two wit nesses had been provided by the testator himself, and there fore he had previously, in one of his letters, informed Mr. Eden that it would only be necessary for him to bring one witness. On that occasion, in the drawing-room, the will was executed with all the forms of the law. Mr. Blundell, having signed his name in the presence of the three witnesses, declared that to be his last will and testament, and called on them, as witnesses, to attest that it was his last will and testament. Gentlemen, a copy now lies before you, and you will find that that will in every respect carries into effect the instructions which had been given. He leaves his real estates to the second son of Mr. Weld, of Lul worth, called Edward (by mistake instead of Joseph,) and to the first and other sons in tail-male, with remainders. You have seen that Mr. Eden expressed a wish to know whether the devisee was to take the name and arms of Blundell. He was, and that condition has beencomplied with by my client. Then there were provisions for leases, legacies, and annui ties, according to the testator's intention ; and the residue of his personal estates was given to the Rev. Dr. Brarnston and the Rev. Dr. Walsh. This done, we find Mr. Blundell writing thus to Mr. John Gladstone, of Fasque, one of the trustees, to whom a legacy of £B,OOO had been left. The letter is dated—" Ince, Christmas Eve, 1834 ;" and, amongst other things, says, " I have passed some time this year in making a final and general arrangement of my affairs. I have been wishing to deposit my. will in some place, where I should be sure that it would, be safe; and it would-be very satisfactory if you would allow me to place it in your strong box at Liverpool." [The letter then proceeded to descant upon domestic, political, and other matters : it seemed, as well as all the other letters, to be extremely well written.] — Here I close my history of the will. I have shown you, that not only before but after the will was made, Mr. Blundell was fully aware of its contents—that he 'entirely approved of it—and was anxious to carry it into effect; and that he was also anxious that no trouble should be given by his heirs- at law. Under all these circumstances,•are you to say that a will so framed, so prepared, so executed, so recognised, is to he set aside as a mere nullity ? The testator died On the 30th October, 1837, three years after the making of the will, without any alteration. He died in the complete possession of his faculties. Soon after he died, a bill was filed in the Court of Chancery on behalf of the devisees who were to take the real estate under the will, for the purpose of esta blishing it. On that occasion the present defendants ap peared, and denied the validity of the will. They never, in the life of the testator, had taken any steps to put him in re straint, nor had ever done otherwise than treat him as a rea sonable being. In this proceeding in Chancery, there were depositions made in suppoit of the will, containing the great bulk of the evidence I shall lay before you. There was no evidence on the other side. That is an advantage which the heir-at-law possesses. However strong the evidence in sup port of the will may be, the heir-at-law has a right to say that the testator was incapable of making a will, and be entitled, be fore the will is established, to have what is called. an issue, whereby the validity of the will may be tried before a jury. It is in the exercise of that power that an issue has been claimed in this case ; and that issue you, gentlemen, have now to try. Gentlemen, on the present occasion there is no pretence for saying that the testator, Mr. Blundell, was an idiot; that he was imbecile; or that, whether from accident or disease, he had ever been out of his mind. There was no ground for saying, that his will was prompted by a belief of facts which had no existence. 'Well, then, what is my learned friend to insist upon ? Will lie say that the will itself shows insanity? Gentlemen, it is quite immaterial whether you approve of the scheme of the will or not. The law gives the possessor and owner of real property the power of disposing of it as to his own mind seems right. But I'do not see any indication of irrationality in the will. He had two sisters married into the families of Stonor and Tempest. It is quite clear that he had an object to keep up the famly name of Blundell. If he had died intestate, what would have been the consequence? Why, the Stonors and the Tempests would have taken Ince Blundell in moieties ; it would have been sold, and the name of Blundell, of Ince, would have ceased to be known. The two sisters of the tes tator had been amply provided for. The Stonors and Tern pests had between them the whole of the Lestock estate, besides which they had both ample possessions of their own ; and how can they have anything to complain of, if it were the wish of Mr. Blundell to select some distant relatives — a younger son, and make him the stock from which there should be a new ,race of Blundells, bearing their name and using their arms,4md in this,.manner, as far as the testatot was able, perpetuating the great catholic family of the Blun dells. He thought that the property could thus be as much enjoyed, and more for the credit of his name and the catholic cause, than if it went to the Stonors and the Tempests. I will now state what I gather from the cross-examination of the witnesses in the Court of Chancery, on what ground the will is to be set aside. They produced no evidence ; but they cross-examined the witnesses in support of the will at great length, and from that I conjecture what are the points to he made by my learned friend, the Solicitor-General. There were a vast many questions as to the mistake that was made about Edward instead of Joseph. My client is the second son of Joseph Weld, and in the will he is called Edward. I supposed that is to be &lied insanity; but there is not the slightest doubt who was meant. The cardinal was the eldest son ; and when he obtained his dignity, he ex ecuted a deed by which he settled his estates on his brother Joseph. That Joseph is the father of my client; but he is called Edward in the will, although he was rightly called Joseph in the will of 1827, and in 1821 a blank was left for his name. He is described as the second son of Mr. Weld, of Lulworth ; and the Weld then in possession, the reigning Weld, was meant. There can , _ therefore, be no doubt on that point. It appears, too, that it is to be stated that the testator was estranged from his nearest relations. Is that a proof of insanity ? He thought that he had just grounds to be estranged from them, on account of the will which his father had made, and which, he thought, had been prompted' by the Tempests and the Stonors. But whether he was justi fied in being estranged, or not, is wholly immaterial. You are not to say that in every case in which a man quarrels with his nearest relations, he cannot make a will, and that it is to be set aside on the ground of insanity. Then I learn, also, that it is to be said, that he was a man of very peculiar ha bits. He used to dine always at two o'clock ; he was very slovenly at times in his dress ; he used to bathe in the winter time, break;ng the ice. lam glad that the vice-chancellor is not here, as he might be afraid of his will. It is to be urged that he used to go to a pond, break the ice, and swim about, and that he had a great fondness for air and freshness at all times—that he was sometimes passionate to his servants —and I dare say that a good deal of this may be true. lie was, I believe, on the whole, a good master, notwithstanding. He was kind to his servants in life, and kind to them in death ; but, being uncontrolled, and surrounded by dependants. he was, at times, probably, tyrannical and capricious. For that reason, it was said, he was incapable of making a will ! If such reasoning were to be allowed, no will could stand. But now I conic to what I understand, is to be the great text on which my learned friend is to discourse—namely, certain words used by Mr. Eden in his cross-examination. Unfor tunately, Mr. Eden is now dead ; but when he was alive, he was examined and cross-examined, and that cross-examina tion may be read by either side. The Attorney-General read Mr. Eden's evidence before the Court of Chancery at full length. It was in effect that the witness had doubts whether in all respects, in every acceptation of the words, the said Mr. Blundell was of sound mind ; but though he had peculiari ties, he was, nevertheless, competent to make a will, to attend to and fulfil the ordinary duties and objects of life, and he was olsane disposing mind, when he gave Mr. Eden his instruc tions ; and he (Mr. Eden) believed that he did know and understand, and was capable of knowing and understanding, every thing connected with that will at the time it was exe cuted. Let the jury take that altogether, and it amounted to a solemn declaration on the part of Mr. Eden, upon oath, that the testator was sane. He should now proceed to lay before them the evidence before him. He might stop where he was ; but he knew the ingenuity that was arrayed against him, he knew the greatness of the stake—upwards of nine thousand pounds a year ; and he felt that it was his duty to go on, and lay before them the further evidence which he would have to give in support of his case. He would prove that he had the management of all his affairs up to the period of his death, and that there never was any suspicion with re gard to his capacity. In 1811 he suffered a recovery of large estates. A part of the property inherited from his father was sold at Preston, in 1824, for £5,500. Was that sale to be set aside? Did Lord 'Camoys intend to tell them that he was to take possession of the property at Preston? He had just as much right to it as to any other for which he was contending in that court. Did he mean to set aside all the leases ? He might according to the case which he had brought forward, because if Mr. Blundell was out of his mind, all his leases were null and void. A gentleman, named Wood, had lent £4,400 to the purchaser of the Preston estate. This gentleman knew Mr. Blundell well; was a frequent visitor at his mansion, and was in habits of inti macy with him. If he had had any doubt of his sanity, did they think he would have lent money on mortgage on that property, seeing that the sale would have ben made null and void, and he certainly not in a very good position in such a case ? It would make strange work if such solemn acts could be set aside with the facility that some persons seemed to suppose. He should show the dealings of the testator with his bankers •, the orders which he gave for the profitable disposal of his money. He had several attorneys. He had corresponded with them, and he (the Attorney-General) should leave it to the jury to say whether his letters did not indicate a strong and acute intellect. He had also corres ponded with many booksellers, and they would see from the letters to them the bent of his mind and talents. He had been a surveyor of highways, and took part in all the tran sactions, great and small, that came within the sphere of his exertions. Mr. Eden was dead, hut he should call the sub scribing witnesses to the will :—Mr. Ashton, Mr. Baines, and Mr. Ridgway. He must put the jury on their guard here. If of the subscribing witnesses to the will should express a different opinion on the sanity of the testator, they (the jury) were not bound by that. He (the Attorney-Ge neral) had a large body of witnesses of all religious persua sions, catholics, members of the church of England, and dis senters, medical gentlemen who had attended him, friends, country gentlemen, with whom he was in habits of intimacy, his neihbours, and some of his domestics. He should call his valet, William Hall. He should call men of literature, who had known and corresponded with him, men of eminence, integrity, and honour. He had lying before him a great body of epistolary evidence; of letters to and from the testator, which showed the manner in which he conducted his affairs, and the esteem in which he was held. lie thought lie should best discharge his duty by reading this correspondence him self, and it would not be necessary to read it again. By adopting this mode, he should have an opportunity of making such remarks on the letters as seemed to be called for. The Attorney-General 'here explained a rule respecting letters to the testator, which was, that if endorsed by him, or acted upon by him, they might be read in evidence. Lie should furnish such proof as was required of all the documents which he read. The court here (at one o'clock) adjourned for a short time, and the jury and the counsel on both sides retired for re freshment. When the court resumed, the Attorney-General said, be fore he read the correspondence he would supply one slight omission. Eighteen or twenty years ago, when Mr. Blun dell was surveyor of highways, he was indicted for man slaughter. It was formerly usual to have the highways paved. There was a road in Ince which was to be paved, and which was greatly interrupted by carts. Mr. Blundell ordered that a line should be passed across the road, and he placed a watchman there to attend it. The watchman left the post ; and, while he was absent, an old woman was passing along with a cart. The horse ran against the rope, the cart was over turned, and the old woman was unfortunately killed. An in dictment was laid against Mr. Blundell, as surveyor, for man slaughter, of which charge he was acquitted. Various spies dons had been addressed in the Court of Chancery on that transaction, because Mr. Blundell, as surveyor, had directed the line to be placed across the road. They would see to what extremities the parties were driven, when they wished to impeach his sanity on such grounds as these. He should read the letters to which lie had alluded in classes, as those to his bankers, solicitors, booksellers, and so forth. The learned Attorney -General here proceeded to read a most vo luminous mass of epistolary evidence, commencing with the letters of the testators to his bankers. The first was dated May 28, 1830, addressed to Hugh Jones, Esq., Bank, Brunswick-street. It ordered a purchase of consols with all the money of his in possession, except a reserve of £1,500, and expressed his opinion that consols would fall during the summer. A letter, dated 16th November, 1830, was ad dressed to Messrs. Heywood, and ordered that all the money of his, except a certain reserve, should be laid out in the pur chase of consols. Letters dated 18th August, 1831, 19th April, 1832, 18th May, 1832, and one without date, gave similar orders, directing in such case a reserve of from £l,OOO to £2,000, and limiting the price at which the purchase might be inade. A letter of the sth October, 1832, ordered a pay ment of £2O to the committee of the reserved fund for the charities of Liverpool. Letters of November, 1833, of 15th March, 1834 (the year the will was executed), 21st October, 1834, 12th November, 1834 (when he had by him the draft of the will), and 15th November, 1834, were read, ordering pur chases of land, with all the sums of money belonging to the testator, at such respective periods in the bank, excepting re serves of £l,OOO each time, making remarks on the value of bank stock, and the probable issue of investments therein, and commenting generally on business transactions in a man ner which, the Attorney-General said, betrayed great pru dence, shrewdness, foresight and sagacity. There were similar letters, bearing date 16th November, 1835, and 12th November, 1833, expressing anxiety that the purchases should be made forthwith, in order to be in time for the dividends. The Attorney-General said, he would not trou ble the jury with any more of the class of letters to bankers. A vast number of other letters, both from and to st. variety of individuals, on books, painting, sculpture, law, physic, and divinity, were read and commented on by the Attorney- General. Amongst the writers of letters to the testator were Dr. Hodgson, Master of Brazennose College, Oxford, one of whose letters intimated that the writer had given an in troduction to the testator to his Royal Highness the Arch duke Maximilian, of Austria, then on a visit to this country; other letters were from Mr. Robert Triphood r a dealer in curious books, of which, and scarce editions, the testator appears to have purchased a great many ; another was from Peregrine Edward Towneley, Esq., of Towneley, the father in-law of Lord Camoys, accepting an invitation to Ince Hall ; others were from Dr. M`Cartney, a physician of Liverpool ; Dr. Carson, of Liverpool ; Mr. Thomas Baines, who was making collections of engravings, &c., for a county history ; the, Rev. Dr. Shepherd, of Gateacrc ; Dr. Lingard, the his torian an artist named Mazzoni, relating to the transmis sion of a statue of Theseus to Ince ; another, which excited some amusement, was from Mr. Joseph Hume, M.P., dated Bth of January, 1825, and endorsed "Joe Hume;" it con tained thanks for an offer of game (the subject of many of the letters read), and promised, if evar within 100 miles of Ince, he would certainly pay his respects to Mr. Blundell. Others were from Sir Roger Wilbraham ; Mr. Greaves, an ornithologist; the Rev. J. F. Hornby, Rector of Winwick ; Mr. Winstanley and Mr. Christie, auctioneers, one of the latter containing an amusing anecdote of Thorwaldsen, the sculptor, and Mr. Alexander Baring (now Lord Ashburton), who had purchased of the artist a statue of Mercury ; the point of the anecdote depends on the peculiar phrase and turn of expression in Italian. At a quarter to six o'clock, the learned advocate expressed his fears that the jury would be fatigued at listening so long to so many various details, and he put it to his lordship whether he should fatigue him and the jury by proceeding further that evening. His LORDSHIP thought the Attorney. General, after speak ing so many hours, was best entitled to complain of fatigue. However, the question perhaps was, whether the address of the learned advocate was likely soon to come to a close. The ATTORNEY-GENERAL said he was bound to say, that it would be his duty to read a great many more letters. His LORDSHIP thought the court had better now adjourn, which it did a few minutes before six o'clock, to nine the following morning. USDAY. The ATT ORN EY-GENE T RAL E resumed his statement of the case at ten minutes past nine o'clock, shortly after his lord ship entered the court. The learned advocate said, without any preface he should proceed to lay b e f ore th e j ur y a m ass of additional epistolary evidence which would prove the confidential terms in which the testator had lived with his neighbours, and the terms in which he had been addressed by persons distinguished for their learning arid abilities. The Attorney-General proceeded to read letters from Mr. Blundell's neighbour, Mr. Formby ; from Dr. Hodgson, master of Brazennose ; from Lord Sef ton, from Mr. Johns, from Mr. J. S. Leigh, of this town ; from the Rev. Mr. Pope, a Catholic priest; from Mr. Stale, a wine.marchant ; from the late Mr. Roscoe, from Campbell, the author of the Pleasures of. Hope; from the Mostyn fa mily, from Mr. Silvertop, from Mr. Bullock, an auctioneer ; from Mr. Scarisbrick, from the late Mr. Joy, barrister-at law ; from Messrs. Eden, junior and senior, solicitors, of this town ; from Mr. Winstanley, auctioneer of this town, from the late Mr. Charles Rutter, barrister-at-law, a very distinguished lawyer, and a writer of some repute amongst the Roman Catholics, who dedicated one of his works to the testator, and from several other persons on a vast variety of subjects, as philosophy, theology, politics, literature, paint ing, sculpture, ornithology, criticism, the passing events of the day, gossip, sporting, county business, legal affairs, and the management of his own concerns and property. There ' were also letters from himself to some of the above-named individuals, on business, sporting, &c. The ATTORNEY-GENERAL said, having laid before them this epistolary testimony, showing the great confidence and regard that were shown to the testator by so many distin guiShed persons, who addressed him in the most friendly and affectionate terms, and who consulted him and seemed to place confidence in his judgement, he might well leave the case wheie it was ; but, considering the greatness of the stake and the importance of the question, he should call a great number of living witnesses who knew the testator, and, from their habits of intercourse with him and the long time during which they had been acquainted with him, were best able to judge of the state of his mind. He should call before them Robert Hall, who had been his body servant and about his person many years. He should call Mr. Bickersteth, a bro ther of Lord Langdale, Mr. Howard, the member of parlia ment for Carlisle, and his father, Dr. Carson, a respectable physician of this town, Dr. Shepherd, to whose opinion he was sure they would listen with great respect, Sir Frederick Pollock, who was some years leader of this circuit, and one of the most distinguished ornaments of his profession, who was not only a great lawyer, but a great lover of literature. Sir Frederick had twice visited the testator at Ince, with Lady Pollock and his daughters, and he believed he was quite delighted with his intelligence and information. Dr. Shep herd said, the oddities of the testator were merely those of an old bachelor. He would not make any harsh observations on the conduct of the defendants in this case; he would merely wish that they had rested contented with the ample possessions with which God had blessed them, rather than thus endeavour to gain more by impeaching the understand ing of their relative. If they hoped from the chances that might arise in the course of a trial to carry their object, he trusted that object would signally fail, and, that the verdict would discountenance such attempts in future. The learned Attorney-General concluded his address at half-past twelve o'clock, having commenced on the preceding day at nine in the morning. Mr. ALEXANDER said, he would first put in the will of 1809. William Hudson produced the will. of Henry Blundell, dated 24th of July, 1809, and codicil, dated 25th May, 1810. The clerk of the court read part of the will. As it was very lengthy, the various remaining bequests were stated. The testator left one-half the manor of Lydiate to his son, Charles Blundell, with his moveables, pictures, &c., and the remainder to the son who first attained the age of 21, in the manner of heir-looms, with Ince-hall. An act of parliament was ob tained, which received the royal assent on the 7th of July, 1817, for partition of certain of his property, left from Charles Blundell. between the families of Tempest and Stonor. Mr. Edward Lovett, a surveyor, proved the value of the lands in question to be nearly £B,OOO a-year. The rental was nearly £B,OOO a-year, but the valuation made in 1817, was £ll,OOO a-year. Mr. John Eden, solicitor, of this town, stated that, in 1821, he was in the office of IVlessrs. Stanistreet and Eden. In September in the year 1821, he attended the late Mr. Blundell.. (Will produced.) Was the subscribing witness to that will, which he saw executed at Ince, by the late Mr. Blundell. Saw Mr. Heathcote and Mr. Thomas Baines at test it also. That will was prepared at Ince-hall, by his (witness's) father. Mr. Blundell was, at that time, confined. to his bed from some injury to his leg. He had been a client of the firm before that period. The will, bearing date 10th September, 1821, was put in and read. • • The recovery under the will of Henry Blundell, in 1811, and the death of the attesting witness, were proved. The re covery was proved as an act done by the testator. The will, bearing date 15th March, 1827, was put in and read. Joseph Yates Ashton, Attorney of this town. In 1b34 was clerk to Messrs. Eden and Son. In 1834 a will was prepared in our office for Mr. Blundell. I went over to Ince on the 25th November, 1834. We went into a room, and Mr. Eden left me and went to Mr. Blundell. The will was not executed on that day. I met him at dinner on that day. There was no other person at dinner but us three. The con versation was principally between Mr. Eden and Mr. Blun dell. He spoke as gentlemen usually do. He asked me if I were connected with the Ashtons of Woolton-hall. I was in company with him about an hour. lam not aware that I had ever seen him before. He drank wine with me. I had no reason, from what I saw that day, to think that he was incompetent to make a will. He conversed ia a rational manner. After dinner I returned to Liverpool. I went again with Mr. Eden on the 28th. I knew that I was going to be a witness to a will. Mr. Eden went up stairs again. and I went and walked about the grounds. I was afterwards requested by Mr. Eden to go up into the library. I found Mr. Blundell there. Mr. Eden brought the will from the other end of the room and requested me to make some alter ations in it. I did so. Witness here pointed out where the alterations occurred. These alterations had been made by Mr. Eden in pencil. Mr. Blundell was present during the whole of that time. I think Mr. Blundell went out of the room. He returned immediately. We afterwards went into the dining-room, where Mr. Blundell told his butler to call in Baines and Richmond. They came immediately. I saw Mr. Blundell execute every page of the will. I attested it, and the other two witnesses did the same after he had de clared it to be his will. I afterwards dined with Mr. Blun dell that day ; Mr. Eden dined with him also, but nu one else. We left for Liverpool about an hour after dinner. The conversation was very general, but he did not say much. He referred to electioneering and the state of the game and crops on his estate. He drank wine .with myself and Mr. Eden. He conducted himself in a rational manner, so far as I could judge. He appeared to be infirm, and his eye sight had failed ; so much so that we were compelled to have a candle when he signed the will. I am quite decided that he was fit to make a will. Cross-examined by the SOLICITOR-GENERAL. — He was ' rather silent, but did not appear out of spirits. He said nothing that particularly attracted my attention. Thomas Baines—l am a farmer in the township of Ince. I knew the late Mr. Charles Blundell. In the year 1821, I recollect that he was ill, in consequence of a fall from his horse. He was confined to his bed . a short time. He was supposed to be seriously ill. I was called in to witness his will. (Will produced.) He was still ill at the time. It was executed about one o'clock in the morning. I saw him sign it, and heard him declare it to be his last will and testa ment. (The will of 1834 was produced.) I recollect, in 1834, being requested to witness another will of Mr. Blundell's. I was sent for to the hall sometime after twelve o'clock. I Saw Mr. Blundell in the dining-room, when I was called in to sign the will. There were present Mr. Eden, his clerk, and Mr. Richmond. I saw Mr. Blundell sign the will, and I witnessed the will. I saw Mr. Ashton and Mr. Richmond sign it in. Mr. 131undell's presence. When I had left the room he sent for me back again. Mr. Mendell desired me not to say anything about what I had .been doing. He ap peared perfectly aware of what he was doing. I had not the least hesitation in witnessing his will. Cross-examined by the SOLICITOR-GENERAL.—I lived near the testator, and was in the habit of seeing him fre quently. He was accounted odd. He did many nonsensical things. Sometimes if we spoke rather too laud for him, he would run across the room and stuff cotton in his cars. He sometimes used hard words to us. Sometimes he swore. You know what an oath is. He swore very often by his Maker. He would say, " Now, by Gad, if you speak this way, I must have my e a r s s t u ffed with cotton?' Sometimes he said "by God." Sometimes, when we spoke moderately, he said he was not deaf. One time he told me he must go home and get his ears syringed, I had spoken so loud, and he did do it I believe. If I could think of all his odd things, I would be here till morning. He was rather changeable. Sometimes he would give orders, and countermand them im mediately. He was rather passionate, or at least he appeared so. Sometimes he appeared to be in a passion. Four or five years before his death, Miss Ainsworth had been at the but ler's, about a quarter of a mile from the hall. He had for bidden me from receiving Miss Ainsworth. He asked me if she had been at my house. I said no. He said it he had known she had been at the chapel, he would have put her out by the shoulders. I believe she had been at the chapel. He swore a grand oath, and said what he would have done if she had been at my house. 1 can't say what his words were, but the purport of them was, that he would have turned me off my farm. He did not say why he forbade me from receiving her. She was a respectable lady, for anything I know. He used to ride about on a pony. Sometimes he had a compa nion. Sometimes it was a man, and sometimes a woman. From the last three to four or ten years past it was more fre quently a woman. It was Mary Shaw. She wore a petticoat, a pair of leggings, and a blue jacket. (Laughter.) She was very frequently his companion. They seemed very agreeable generally. (Laughter.) The man who went with him was generally one of his grooms. It would be Tidmarsh gene rally. I have heard him and Mary Shaw talk together. They talked familiarly. I never saw him show any particular marks of kindness to her. I swear I never saw him kiss her. She was a work-woman at the Hall ; she looked after pigs or cattle, or any kind of work, the same as another woman. I don't remember to have seen Mr. Blundell out in the rain. I never saw him strip in the rain. I never saw him undressed, save in the apartments of the Hall. I have repeated the principal oddities, and I don't remember the others. He was equally odd at all times. I dare say I have seen him in chapel, but I never looked—l never turned my head. I could not see him without turning round. I never saw him reedits: , a newspaper in chapel. I have heard him speak of his father. He generally spoke of him as " the late posses sor of this place." I have heard him speak of him as his father. I don't recollect that I ever beard him speak of his sisters as the daughters of the late possessor. I was a tenant from year to year. I did not frequently go into his picture gallery. I have been in his gallery. The statues were white, or should have been ; some of them were whiter than others. The statues rather exhibited the appearance of neglect and damp. The cows did not go into the place that I know. I never saw marks of the cows having been there. The sky light was broken, and the building where the statues were was not in the state it should have been. The walls were in rather a rough state. One building was called the pantheon. My answers applied to the pantheon. I think the other building was rather better, but it was very bad. The glass was all gone from it. The plaster was falling oil' the walls- I never saw Mr. Blundell in either of the galleries. I don't know that-anything was done -from the time of his father's death at these galleries. Re-examined by the Arronsray-GENERAL.7—The statue galleries were a little distance from the house. I paid my rent to the steward in general. Mr. Blundell had an establish ment of servants at Ince, and was visited there by company from time to time. I have seen his friends there. I have been out frequently with him and other gentlemen. He used formerly to go out shooting. He had always as many oddi ties formerly as latterly. He was well acquainted with his own business, but I don't think he knew much about farm ing. H e frequently employed me to buy things. He always appeared to understand the account when I stated it to him. I sometimes paid with my own money. He settled with me himself sometimes. He once kept a balance in his hands of Is. Bd. He frequently gave ma money to carry to the bankers : many a thousand pounds. I always took the book and brought it back to him. Witness went on to state, that the testator had transacted country business, &c. When witness was overseer he generally consulted Mr. Blundell, and took his opinion : it always appeared very good, and I always acted upon it. By the SOLICITOR-GENERAL.—With respect to the Is. Bd. —I asked lain for it, and he said, " Oh well, it'll do another time." I always to o k care to give him even money after wards, so that I should have no change to receive. Christopher Richmond sworn.—l am a butcher and farmer near Ince. Witness proved his attestation of the will of 1834, and that Mr. Blundell and the other witness had signed the document. The deposition of Mr. John Eden before the Court of Chancery was here put inand read, 11 set forth that the de ponent and his partners had acted as solicitors to the testa tor, and described the course of business which led to the making of the will, as instructions, &c. It further contained a draft of the will. The will of 1834 was taken as read. A letter to Mr. Eden was read, which, with the other let ters now produced, were referred to in Mr. Eden's deposition. A letter dated Ince, Sept. 15, 1833, to Mr. Eden was read, requesting him to come over and make a slight alteration in the codicil of the will of 1827. It afterwards appeared to have been determined to make a new will altogether, and accord ing to correspondence between Mr. Blundell and Mr. Eden, covering a space from 16th Sept. 1833, to Dec. 1834, all of which was read by the clerk of the court, the instructions for this were given from time to time, and the draft was gra dually perfected according to such instructions, till the testa tor expressed himself satisfied. In one of his notes of in struction, he said he wished to leave all all his funded pro. perty to the Rev. Dr. Brampton, and Dr. Walsh, of Wolver hampton, for purposes which he would not then specify. In a letter to Mr. John Gladstone, whom he made one of his executors, and on whom he bestowed a large legacy, he spoke of having made his will, and ex pressed his gratification that Mr. Gladstone's sons were in a fair way for preferment. At six o'clock, the court adjourned WEDNESDAY The case was resumed at nine this morning. The follow ing witnesses were in the course of the day called in behalf of the plaintiff :—Mr. W. Wood, solicitor, of this town ; Ottiwell Wood, Esq. ; Sir F. Pollock ' • H. Jones, Esq.. ' banker, of this town • W. M. Bothwell, Esq. ; Dr. Trail ; Dr. Carson ; Mr. B. Forshaw, surgeon ' • Dr. Bickersteth ; T. Molyneux Seel. Esq. ; the Rev. T. Moss, vicar of Wal ton •, J. B. Yates, Esq. ; Peter Tasker, gardener at Ince Hall; Alice Brown, the cook ; Miss Fletcher, daughter of the testator's late steward ; Peter Lovelady, farmer at Ince ; Mrs. Kaye, housekeeper, who had been in the family for 40 years; Joseph Wilde, of Suttworth ; H. Howard, Esq., of - - Corby W. J. Unsworth, of Maghull ; Dr. Lingard, the istoian ; Sir T. Stanley ; the Rev. Jon. Brooks ; J. T. Houghton ; Rev. G. Vanburgh ; A. Martin ' • Mr. G. Ro binson, bookseller, of this town ; S. Stanifo rth ; and Dr. Shepherd. All these proved that they had, during a number of years, been on terms of the greatest intimacy with the tes tator, and spoke in the highest terms of his capacity, en dowments, and acquirements. All the witnesses expressed themselves fully satisfied of the testator's competency to make a will. The case for the plaintiff closed at a quarter-past six o'clock, when the court adjourned. THURSDAY. CANIOYS V. BLUNDELL The case of the plaintiff having terminated last night, it was expected that that of the defendant would have been pro ceeded with this morning. His Lordship took his seat at nine o'clock. The SOLICITOR-GENERAL rose and said, that in common with his learned friend who sat beside him (Mr. Cresswell) he had the honour to appear as counsel for Lord Camoys and Mrs. Tempest, the heir and heiress-at-law of the late Mr. Blundell, Mrs. Tempest being the sister of the t!stator, and Lord Camoys the son of another sister. They appeared before the jury, holding the relationship stated, for the pur pose of taking the opinion of the jury, under the direction of the Court of Chancery, with regard to the validity of the will made by Mr. Blundell, by which an estate of £9OOO a-year had been transferred from the family of the Blundells, after having been in their possession from a period not far remote from the Conquest down to the present time. It would oc cur to every one that the loss of property to that amount, to any family whatsoever, tnust be seriously felt, even when the mere amount alone was considered ; but there was oftentimes a value attaching to property far beyond its pecuniary amount; and in this country especially, alleged to be a country of pre scription, estates enjoyed by a mans own ancestors, by men of his own blood, for many hundreds of years, possessed a value very much beyond that of the income, so that even the substitution of another estate of equal worth would not be esteemed a compensation. The pride of family and ancestry, said to furnish motives for high and honourable conduct, was in this country highly esteemed. That this estate should have departed from the blood and family of the Blundells into another family, and that that ancient family should also have sunk, must add to the feeling of poignancy and regret which would attach to the mere loss of the property. Indi viduals who could submit to be dispossessed of an estate under these circumstances, without seeing that it took place under circumstances that the law sanctioned, would not only show an indifference to private interest uncommon in human nature, but an indifference to the best and most honourable feel ings and motives. Under these circumstances, the defendants had thought it right to call en those who claimed to possess the the property, to their exclusion, to show and prove, before a properly constituted tribunal of the country, under what cir cumstances that dispossession took place, or, in other words, how the will was made. In so doing they had not only done what his learned friend was compelled to admit they had a right to do, but they had discharged a duty to themselves, to their families, and to principles entitled to the highest re spect, and which, if they had not done, would have marked them as possessing minds of a very different description to what might have been expected from a family who had so long bee❑ possessed of honour and respectability. These were the parties represented by his learned friend and him self; and the question involved in the important case now before the jury was not whether Mr. Blundell was a gentle man of extensive general capacity, not whether he was a man full of intelligence, or deeply learned, but whether his mind was an uninjured mind, whether it was in a sound and whole- Born tate with regard to the disposal of that property. It was well known that individuals might possess great general capacity to any extent, united with partial insanity: His learned friend had correctly stated that in this country the law gives to every man the power of disposing of his property, even according to his whim, his prejudice, or caprice. Pro vided it be his will, provided it be the genuine result of an undiseased mind, the law gives effect to it. But the law re quires that the mind should be free from disease or taint. Numbers of cases have occurred of great general capacity allied to disease on one particular point, thus prejudicing the power to dispose in a legal way ; and on that ground, though there had been great general capacity, the will has been held to be void. The admitted facts of the present case were that Mr. Blundell, a kind, and able, and benevolent man, as it was said, did—when his father died, leaving him an estate, which must certainly have descended to him, of considerable value, as well as other property, because his father had de vised an estate to his two sisters—dispute his father's will, as had been observed. It was next found that from that hour to the hour of his own death, he had constantly referred to his deceased parent, not as his father, but as " my predecessor," and " the late proprietor." At last, finding old age coming upon him, he devised his estate to a family with which he appeared to have had as slight an intercourse as could well have been imagined. The only relation between the families arose through one sister having married into the Weld family, and one into the Blundell family. There was no blood relationship. Under such circumstances, was it natural or proper that the circum stances that attended his state of mind should nut be investi gated ? Beyond all doubt. And what were the circumstances proved ? The gentleman made three wills, each will exhibit ing a constant change of purpose, and at last left his property to one who was in every sense of the word a stranger, and who was described as the second son, not of Mr. Edward Weld (as the plaintiff was), but of Mr. Joseph Weld. He (the Solicitor-General) had, on the part of the defendant, a body of most respectable and honourable witnesses—indivi duals who could speak to their communications with Mr.Blun dell, and on whom a very different impression had been made with respect to his eccentricities than had been made on the witnesses for the plaintiff. But, after the evidence that had been heard from a body of persons such as were not usnolir produced, he was free to admit, and he bad the concurrence of his learned friend (Mr. Cresswell) to say so, than they were of opinion that the evidence that they had to offer would not be sufficient to entitle them to ask for the verdict of the jury. If he and his learned friends had been of opi nion that the evidence which they were enabled to produce was at all likely to procure for the heirs at law a verdict, it would have been their duty to spare no efforts ; but they did not feel it to be their duty, and they had not the sanction of their honourable:c"e it and his lordship to back them, to open a body of evidence which they felt would not induce the jury to find a verdict in opposition to the evidence which had been heard. The plaintiff must therefore take the ver dict. There yet remained, however, other and important points, as to the instructions with respect to and the con struction of the testator's will. The defendants therefore now retired from the contest, leaving the questions referred to to be agitated by those jurisdictions to which they properly belonged. The evidence was such that, in the present state of the case, the verdict must be for the plaintiff. His LoansinP then observed that the course which this case had taken, relieved the jury and himself from any further trouble. He had no doubt that they and himself had been keeping their minds perfectly suspenAed and open to receive any counter impressions which the evidence for the defend ant might have presented. At the same time he dared to say that they had felt with him that it was almost impossible not to come to the conclusion that the case of the plaintiff was one that could not he rebutted. Under these circumstances it required no indorsement from him to say that the course taken by the learned Solicitor-General was what duty to the court, the public, and his client made necessary. Quite inde pendent, however, of all the circumstances of this case, he was one of those who thought that in proceedings of this sort, na blame could, under any circumstances, be imputed to the heir-at-law, in insisting on his right of having the matter fully investigated. His lordship stated the course pursued by the Court of Chancery in e - sea of this kind, in support of the position which he had laid down. The ATTORNEY-GEN ERA L said that the v a lidity of th e will having been established, he had great pleasure in stating that Lord Camoys, with whom he had the honour of being acquainted, had acted most honourably and fairly, and that the plaintiff, who considered Lord Camoys as his relation, looked on him with kindness and respect. The jury then returned a verdict for the plaintiff. The case terminated at twenty minutes to ten o'clock. Several causes of minor importance were afterwards tried, and the court adjourned. Mr. Fisher, the Master of the Sudbury Union Workhouse, has been fully committed to the next Bury sessions, on a charge of embezzlement. On Monday last a skylark, the plumage of which was per fectly white, was shot on West Ford Farm, Devonshire, by Mr. Joseph Pitts, jun. This is deemed by naturalists a great curiosity DEATH OF LORD GARVAGII.—This noble lord, who ob tained his peerage through Mr. Canning, to whom he was related, died last week at Chalons-sur-Marne, on his way home from Wisbaden. His lordship was in his 62d year, having been born in November, 1778. In 1803 he married Lady Georgians Stewart, daughter of the first Marquis of Londonderry, by whom (who died in 16 months after) he had no children. His second wife, whom he espoused in July, 1824, was Rosabella, eldest daughter of the late Robert Bonham, Esq, and by her he has left a daughter and two sons, the eldest of whom, Charles Henry Spencer George— now Lord Garvah—is in his 15th year, having been born March 17, 1826. The late Baron was an Irish Peer, F.R.S., and F.S.A., and Lord Lieutenant of the county of Fer managh, which appointtnent is rendered vacant by his death.. Ma. OASTLER.—We are informed that this gentleman. intends in about a fortnight to pay a visit to his friends in. Huddersfield, on which occasion it is intended to give a de monstration of public feeling in honour of the great cham pion of " the rights of the poor to liberty and life." Great and active preparations are now making for that purpose ; it is proposed that a large deputation shall proceed to meet the " King" at Honley, and escort him thence to Huddersfield, where he will make a - property. Men, women, and children from the mills, in fact the working classes in general of the district, are on the move, and are determined that the cham pion of Humanity versus Whiggery shall be received with every honour on his entry. It is in contemplation to hold a central Anti-Poor-Law meeting of the thirty-four townships, comprising what is termed the " Huddersfield Union," on the occasion of Mr. Oastler's visit, and also to give him a public dinner.—Halifax Guardian. DEATHS.—Amongst the many facts stated in the second Annual Report of the Registrar -General. the greater number of deaths in the towns than in the rural districts is worthy of notice. Thus, for example, the deaths of children under three years of age, out of 1,000 in 1839, were in Manchester and Salford suburbs, 475 ; in Leeds, -147 ; in Birmingham, 440; in Liverpool and West Derby, 437; in Dorsetshire and Wiltshire, 281 ; in Devonshire, 286 ; and in the North Riding of Yorkshire, &c, 262 ; in England and Wales, the mean, is 343 ; showing that the deaths of infants in towns is proportion ably greater, 12 or 13 per cent. than the average of all Eng land, and very much greater, about 40-per cent. than the average of the deaths of inEnts in rural districts. A similar fact is true of the extreme aged as well as the extreme young. Out of 1,000 deaths, there were at the age of 70 and upwards, in Manchester, 53 ; in Liverpool, 60 ; in Leeds, 68 ; in Bir mingham, 78 ; in the metropolis, 99 ; in the North Riding of Yorkshire, and agricultural part of Durham, &c, 210. Mean of England and Wales, 140. It is inferred, therefore, that great towns and cities are much more fatal to life than rural districts. HONESTY REWARDED.—On Saturday the conductor of one of Chancellor's Chelsea omnibuses, in clearing out the straw after the " 12 o'clock journey," discovered under one of the seats a pocket-book; upon examining his prize be found that it contained three hank notes of £5O each, three checks upon Cockburn, Sir Claude Scott, and Praed, for £9O, £76, £43, and four accepted bills of exchange for £2OO each; he also found several letters and notes addressed to Mr. Kempis, New-road, &c. A.cordingly, the next day, he proceeded in search of the loser, according to the address, and was not long in discovering him ; he returned to the astonished owner the property, of which he had only that morning discovered the loss, and was at that moment writing an advertisement describing it, al* offering £3O reward upon its restoration. Mr. Kempis was so struck with the honesty and promptitude of the conductor, that, finding the man had a wife and four children to support, instead of the £3O with which he had intended rewarding the finder, he in the most handsome manner presented the poor fellow with £6O. ~~C~Oi r~ ~ In co Op clu the L lerv, place : The will e Quart peara NEXT Udinl appea Dram Fitzw After origin Mont Ifitzw TH cal l!ext. Is ne xt e tlebr r ound 11 ut ) ,TEA for ce The and result lio ns \ r icer h e ha E n remnl i Whe; Uj) ~I II I: Lhih (4 e , th e th e , Ploy, () f tl asi sidi si th e 1 tzti, op en lona Teal til e Olat Acos At hod i Prin, am tiliti, hi nt • (ijtli Po w the der w e ; Wile that