The Express.
London, England, 1862-04-25 00:00:00

IN 'MULLES AID °SNELL -11IFICIAL J 1711%

The piebald (Dr. hinethumt) propounded the will of the
late leabella Hand, elt which be was weed executor. It
will he remeenhand that he wee convicted of her murder,
and anateneed to he hum, bat wee afterwards putts:med.
Ba was that convicted of bigamy in having married the
tadatria while bin wife was alive, and be has undergone &
)cat's impilsoameat for that offence. Probate of the will
was mairted by Friend Tomlin, Elisabeth lissunth, die
wife, and Louisa Be bee, relations of the deceased, es the
ground of nodes execution, west of capacity, and maw
influence.

Q.C., Dr. Si/ahoy, Mr. &nos, and 11r. B.
Webster, appeared for the plaintiff ; Mr. Serissat balala-
ika, and Yr. Merryweetber for the defeedsata.
Dr. Phillitoare applied to the court for the pcertpoommeit
of the trial, owing to the atoms of a material witness,
ix. Sealer, the solicitor who had draws the will The
learned counsel founded his melbas ow as aladsvit, which
The Judge said was one el the least satisfactory he had
ever seen.

A slurp disenesioe arose between the learned conneel ;
bat it waa suddenly arrested by the announcement that Mr.
fiemior was is the court.

The will in dispute was in the following terms :
" This is the hat will and testament of me, Isabella
Banks., now readies at No. 10, Alms Villas, Richmond, in
the county of Surrey, spinster. I give and bequeath to my
beloved friend. Mir Jenkins, of Walthanistow, Haws. my
brooch set with brilliasta and pearls, and containing tits
hair of sty late fattier ; sad a • to all my real and peressel
property, estate, ad effects whatsoever sad wheresoever,
sad of what nature or kind 'Geyer the same amp be, I
give, devise, and keleasth the came unto my Amore and
beloved friend, Thomas Samthont, Docloe of libidlcies,
now also of Na 10, Alms-vials, Richmond, stormaid, for
his own on absolutely end for ever.
" Mid I hereby appoint the said Thomm tharithont sole
executor of this my will, and hereby revoke ell formic
wills or testamentary dispositions at say time lefetolore
made by me, do declare this only to he way Let will sad
testorseet. As wittier the bead of the mid Masai
Makes, the let day of May, Me.
" bum= BAIlMst
" Sired by the testatrix Labe& Beak*, sad desired
lobe her List will sad testament, is the peewees of vs,
present at the sums time, who at her must, sad to her
preesnoe, sad la the prvseaw of each other, lesssate wb:
scnbe our names as witasres,
FIUMEILICI B Smnos, Solicitor, Richmond, aerretf.
"
" bum."
Dr. Phillimore in *peeing the an mid It week' be
pedantry on hie part to esseme that the jw
wire wholly *omen of the pawls= Weary of the phistiff,
but he had no desk* that they weal awesethelees give so
imesetial verdict in canfondiy whit their oaths. Dr.
Mistismet hed monied emly is Ills milady who was tweet,
yeses Ids essier. Is Xs , LW,weal M raid.
at a haerdherbesee Is es fatistrey
wens op betimes the pleistiff =elite desire& mightat-
leg, as he (the Isened emewel wee imelissied) as the part
of the Isub Itessen. This Mil to • eceabitation sad
allerwlmie to • merrier, between them It wee sot
SK him Ithe learsed eimateli M dud the memditg
of the tmemelies • bet he twist Weal am the
peat stalks, lowiret ',hid' misled helves
the minim eierded a Waft prima task pregame-
ties thst the wffl Indere the semi wee likely to contain the
szeremiss of ler resl Maim The lamed doctor, having
&tailed the eimassimese et lb. saes, called the following
IMMO= :

kr. Frederick froakir-1 wee penetklag as • wilieker at
Itrainioad is April. ld6Cl. Os the 30th ed thet mama the
Zd.etiff celled cm see arid showed me Om paper were pea
(at the kikowiag stesaiss temiday) Dr. Illeolkumet
Bled as me sod 1 west to 10. Akin •
Villas. I reaied Wes spa after half lea tem.
Dr. Smethurst let me la blmmilf. I west kill
into a little parker. sad after thee to Lea Daelteee nom
She was is bed. Dr. asigiatint. as I edited the Ni.
with him, said le bee,•• Illy dear, aisle the gentlemee mho
!r fume he make your will." Ile mow* homed and
handed me a pieced pew, whisk I helium te be tb we
a/reeky peede..d.
I e. Is this whet
it yea visit
lea !e its sadiri area, sad I rad lit. lelembWba.
I bad fated Irked Is that censeal" sad dm said.
Yee, tamp tint 1 with to leave a bomb to • bked het
I deal hewer hem to describe it" Dr. kmetkeret said,
" Well het...my dem k woken the bar ad yew kb
lathe; dens k met r /he " Yes ;• mad it in est la
Imiliente led web." Timid. Ok, as. ru kora*
k he yea." De. Om itheret Hen went downstairs te
Se pekoe, sad I wrote eat the will. She kid
me herself the agate d the freed to when
die eddied to leave the Meath. The will produced's*.
Gael drew op. When I had Wed it I west with De.
keetkerst again le Mee 'ashen maws. Then I read the
will ever to her, sad asked bark it wee all right. Ike
mid it was. I stated that it would be
haw another wittier, sad De, Beoetlineetais=
howeeld cell a? kite Wheak, whleh he did. When she
ease I mid. • That lady vWm yes mei us to en her
sip a paper." Dr. fleaethusst mid. " Ti. have ash kid her
that it is • will." I Ursa teemed nod to
)lobe, sad laid. "This is pier win.ls k sot
&Wyatt wish Mae Wheatley sad myself to witaess tra-
wler* to it 1" She said " Yes." Thee I put • book f yearor her to
write spa, sad pee bar pen and ink. Then she signed the
• and we both witnessed it is her presence sat is the
of each other. I thought the testatrix was dying.
seemed very prostrate, soil her voice was very feeble ;
teat she seamed perfectly to understand what I mid le
bor. Her manse? was perfectly placid and calm.
(teas exansined—Sbe stored her same " Isabella Basks"
o explanation of that was given to me at the timely
Smethurst ; but he told me that they were living as mai
and wife, but were not noirried. She was lyiag back os
bar pillow when I saw her. she was deadly pale, and
I,,oked dciog. She molly answered my ioquiriee by nod-
dies. I asked Smethurst who wee attending her,
and he told me Idea. Julio* and Mr. Bird. He
said, " She's in first-rate hands. don't you think so"" 1 re.
plied " Crulouldeilly." When he came to me on the Sun-
day morning I asked that one of those gentlemen should be
Kant. He said, " Ob. so; there is oo occasion, she is
perfectly right in her mind." He told me that he wanted
me to come at 10. bemuse tbe doctors came at half-past,
and wasted it ell over when they come. I did not preen
the matter further ; but 1 purposely went at half-put
in order that they might be there. I was not more thou
oe 25 minutes altogether in the house, and the
doctors del not arrive daring that time. When Smethurst
first came to me, he told me that the paper he showed me
wee what • barrister, • friend of hie in Looks, bad written
out for him. Ile said that Mrs. Smethurst had wasted to
write it out herself, hut that he thought it had better be
done by a professional mar).
Miss Wheatley remembered a man and woman, parting by
the name of Mr. sod Mrs. Sinethund, lodging at her
father's ; and she corroborated what the feet witimes lad
deposed with regard to the execution of the will.
Cromexamined—Mr. and Mrs. sesethuest occupied a ain
tiorproont and • bedroom meted,. My mother did the
household work. I was out during the day, and did not
corm home till 9 o'clock.
Dr. Thomas Smethurst-1 am the plaintiff in this cause.
My age Is about 50 year'. I married in MIS. 1 retired
from practice about eight years ago. Three or four years
after that I went to bee at Mr. Smith's boarding•hoes• at
4, Rills-terrace' Queen's-road, flayiwater. My wife went
with me. After we had lived there about 15 months lflm
Isabella Hookas came. She came in September, 18511. I
was not acquainted with her previously, but I have
been very intonate with her, but not improperly so till after
the 'barrage. That marriage was on the 9th of Deciembee.
I had out before tires left the house. We were monied at
Battersea Old Church. Miss Banker wee perfectly aware
that I was a married map. rto the llth we left the besot-
lag house and went to Tunbridge Wells, where we lived
at the house of a Mies Freeland. Next we wont
to Dorking, then to Surbiton, and lastly' to kiskletoad• At
film we 1,0,1 at • Mrs. Roberteon's tor tea webs, sad
then we west to No. 10, Alma-villa. We went there on
the 11th of April. Mina Retakes became unwell oo Sunday,
the laith oe Nth of March. She spoke to me *boot her
will • fortnight previous to her death. She said,
" Doctor, I wish you to do me a favour."
I replied, "With pleasure, what is it r She
said, • I INA I have
shouldPOOr papa's oomplaint of
which he died, sad I like titake my will Will
you, therefore, write to your friend, the barrister, in Loa-
doe"— meaning Mr. James Scoethuret—" and ask him to
cane sad maks it for me." Mr. Smethurst had
inn/aided had.,, for her. I asked bee what
will she wished to make ? She replied, " Toren
the only Moe frigid I have as earth, sad I wish to
hum you all I have; sad Miss Joshing is the seat best friend
I have." I said, " You are too in Dow to make • will ;
defer it tit you are batter." She raid, " No, I would rather
sot." I mad, • payee do en it will leave an imprierion
ZP,7,sreprz" i•li.....rztott."yr said, " I will sot dosn win not ercil
Wog can the matter. I don't require it, for I have are
tient c 4 nip own, aad probably
,your sisters win rped
what you ham." Abe said, " They are all well
I " Well, it is a matter Vie
caused yore some trouble, and it will give an treehle,
property heist in Chancery, and the will weld only be die.
pate! were your te woke mein my favour." Oho eel& "Me
osoy bviate that I will write it rupee, and they
writing." i ttitiag." I then urged her to decks. It a She mid, ** No, comply with my wishes." I said,
if you wish to write it do ; for I will set,-1 will ate kart
mytides to do with it," She the. heed me to let her
have her whom desk. She took eat of it a sheet of paper
la`gged me to take does her inetreetleee—which I did.
nee thee requested me to write te our fried the
hanieler to that in dm form ; I amordiagly
dish*. Theme produced is net the I took does.
forwarded my paper to Mr. Smethurst, sad he altered it a

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Tins Puauo INCONN AND Itireasvra ems The
return of public income and expenditure for the
par ending the 31st ult. was issued this morning.
The total revenue was 69,674,4781. 19a. 111. The
total ordinary expenditure was 71,116,4861. 3s. bd.
Thus the excess of ordinary expenditure over income
in the year was 1,442,0061. 3a 6d. There was also
an expenditure of 970,0001. for fortifications, the
cost of which is provided for by money raised
under a special act. The balances in the Ex-
chequer on the 31st of March, including 150,0001,
of the money raised for fortifications, amounted
to 5,288,6751. 13s.

By the sudden death of the Rev. Stephen Hughes,
of Llanelli*, bin widow has been lef► deetitide. It will be
remembered that at the wreck of the Royal Charter the
doomed clergyman recovered the oorpsee, pve them
Christie/simnel, and received the mourner who hurried to
the spot. He has died suddenly of a malady contracted is
the exposure and fatigue of those onerous labours ; and his
widow has no resource but such as the memory of her hea-
-1 band's worth may obtain for her.

The Confederate States of Virginia, North awl
South Carolina, and Georgia, forma part of the original
Viand Statile. Tonnosire entered the Unica in 1796,
Minianippt in 1817, Arkansas in 1836, and Taxan in 1841
Louisiana was paranoid in 1802, and Florida in 1821.

SAiItED HAI:MONIC SOCIETY.—The usual Friday
rehearsal will be omitted this emeing, on account of the
preparations necessary for the musical performances at the
opening of the Internatiooal Habitation,
MR. CHARLL.4 DICKENS' RKADINGIL—Mr. Charles
Dickens hes resumed his readiorp at Bt. Jaame's Hall, and
gave yeetesday 0,804, with great spirit and effect, *elec.
tions from " Nicholas Nickleby," and the " Pickwick
Papers." The chomp from the former work were
those descriptive of Nicholas adventure at Mr. Nunn'
school, and the extracts from the latter comprised the
never-to-be-forgotten trial of the much-wronged Mr. Pick-
wick for breach of promise of marriage. The audience was
111110111OUS and fashionable, and the applause was hearty and
asenimosa le the course of vent mouth there will be taro
aflame= reedier from " David Copperfield"—one on the
7tl=l tbe ether en the 21st pro:.
UN sox Inter& —The annual meeting of
this eminent charity was held yesterday, at the Londe,
Tavern, after which the ordinary epilog election took
gam, Mr. Aldwasse Abbiss in the chair. The election
was for fire children for life, and twenty for the ordinary
Criof five years. There are now nearly 320 children
tts institution. and there are still • large number ap.
pains for admission, and the board are anxious to afford
to ma many as possible participation in the
,benefits of the
asylum. The balance-sheet showed total including
the balmiest brought forward from last year, to be 21,04 W.
17s. 9,1., and the expenditure 19,6021. 17a. 9d., leaving •
balance of 1,446*. 10s. 4d. in the beakers' bands. I.
Down, the resident superintendent and physician, read •
wet interesting paper on the results of his experience ia
that Isetitntiwi durum the time he had been there.
LINCOLN Ungar Hoag FAIL. —This great
fair, celebrated far its prialuction of bones of impinged
breed, sad passeadag the essential qualities for useful-
Dees, wee opened as • public horse mast on Tuesday.
ne penal average pikes wens, for yang, thick-set, well-
formed formed bones, sampled (or harness, public. conveyances, ina-
dim% and artillery papoose, 35 to 40 guineas finolgrowa
apstaedieg 5-y mold MAY. suitable foe prirate carriages. kn.
merle from 60 to TO guises& ; and mat-going high-actioesdeet-
us. toy light hoseghasea, 406060 &Mail ; etroog-bailt active
home, far a purposes and town work, 36 to Vicunas ; and
varied
aid hens/raft 40=ess; ruing hases,liseks, sad noddies
ia 90 to 40 guiseas, and handsome
cabs. l 0 le 93 Oases. Hasten "ado very high value,
ad chess of geed bleed art Tree ranged In prima
from 70 ipitgsgasso ; mad metaled, good timber
is go °WOO /7 genutry, realised
MIMO 117A7gelases. In gao4lo, selling prices it is
only fair to dealers le einem Sat their speculations
are attended . with esesidasabierich sad expense; the
young horses are " in banes," and require addi-
tional braking to me, he-, and settling down, and
there are may eandermeiss. The vales of • sound sad
quiet hone is mat inhumed above arairr, prigs. Towards
the class of Weds**. law el the chasesA assripdoe
of horses left, hag the his will mai rpm ankU Satur-
day, Maisie, begs salmi* eselmed as Wooden bartering
brood mane, fools, wit yarns.. Theo was a fine show
el entire beesen.