The Express.
London, England, 1851-03-07 00:00:00

ohs. Ten them to gis logos, I shall see them directly."
It was admitted by the dsfssdanta that two persons did call
ot this time, ad there was on doubt it was lee the purpose
of attesting the eneontionof the wiU, which it was supposed
Caere would make. After the priest and Cooke had left,
Hamilton went into Carei's mum, and Cane said to him,
' Who the devil could them persons Ivo—what the devil
mold they want here ? " Munition said he did not know
but be embed he had been present when the priest and the
Miter person were there. Caere said, " I wish you had
Dean, but sit down and I will tell you what passed."
He then told Hamilton that the priest wished him to make
• will, but that he had refissed, sad all be weaned was
• power of attorney to receive his divides& Caret at the
MEW time said, " I su peas you sea mks • will for me,
without a lawyer r" replied, " 1 suppotre I can.
Carte then repeated all he ensated was the power of attar-
say. Hamilton then seated in hem affidavit that he had his
suspicions that putrefy of attorney might be used for some
other purpose than the receipt of dividends, and be shortly
after inquired of a friend named Howley whether • power
of attornev was the proper instrument ar rewire's
deride, ..a his suspiciens were allayed by Yowler maurieg
him that it was. On the Wedoei&y Caere became worse,
and appeared in • sinking state. On this day he directed
lianulton to write to his taster, Julienne Carer, Laval, 1.4-
particle at de la Marione. Ile also particularly directed
Hatailtian to give It. compliments to the gentleman who
had called, meaning Cuukt, and state that he was
too ill to see turn, and would send when he
wished to see him again. ilo was not to allow
any person to come to his room and disturb
lit. This was the testimony of Hamilton, which was cm-
Hamilton by
the the evidence of the defendants themxelves.
n stated that on Thursday, the ith of March,
Carer was in a sinking state, but tranquil, until harassed
by the conduct of the priest and Cooke. On this day Brown
had called upon Hamilton and was about to leave when a
knock was heanl at the door and upon being opened, tour
perwaos appeared, Cooke, door,
priest, Miss Clarke, sad
Joseph Hay. liarniltuu communicated to them the
instructions of t'arre that he should not be disturbed, at
which Huldstoe k became very angry, saying "'tis •
lie, it wwat do, I have had enough of you," pushed Hamil-
ton aside and rushed up stairs to the sick man's room. That
llohlidock didenter the room in spite of the oppneition of ,
Hamilton and was admitted. Hamilton followed him up
stairs remonstrating at kis conduct, and Brown at the
request of Hamilton accompanied him. A planet the room
and also a drawing showing her:feared were produced ,
and inspected by the court. It appeared that Cant lay in a
pees+ bedstead which folded up, but being placed sideways
against the wall, with the folding doors open, prevented ,
any pervai in the room. unless very near the bed, from see-
ing the puoition of the upper part of the sick man's person.
The priest talked to Carry in French, a language not under-
Mood by the other persoris present. Hu spoke with great,
vehemence, and seemed to urge Carr* to du something
which he was reluctant to do. The priest at length turned
round and said, " Ile will settle now ; fetch the other
parties." Hamilton want fur the other persons who had I
rim- with the priost, who then directed Brown to leave the
room, but Cooke, in a soothing and deprecating tone, said,
" 100 lo t hito stay." The use of French was ethanol.
The priest did not admit that he used any !pintail damn- I
eiationx, awl atlictool to inform the court what lie'
did Kay, but it was admitted that what he did '
say was effectual ha alter Carre'• original determivation.
Cooke produced unite documenta, and prepare-4 to read teem,
and this appeure d roue* Cane to increased exertion.
lie turned and said " I tell you I will nut do or sign any I
thing to-day. Why did you conic up stairs against my
orders i" Upon thus Cooke took up his hat and proposed
that they should all retire. The priest thereupon left the
bedside of Cane, and with great vehemence of manner laid
his hand up on Cooke, weal pulled him down so as Si resent
him iu the chair, isayiiiir at the same time, " I insist upon
the loonies. heistit boohoo' before I leave this room." The
excuse which this aff.arded for the conduct of Cooke was that
be was overtone• by the priest, and rotnpelled to allow the
business to proceed. There was conflicting evidence on the
question wle tier the whole of the deed was read, but from !
the situation& in which the persons were placed in the nom, ,
it could hardly he doubted that Caen, did not distinetly
bear, and it was eleer he dial not dietineCy understand the ;
astute of the alassl. The witness, Hamilton, stated that
when Cooke ranee to that lent of the deed in which 40f. was
to the pria-st, hr read it thus, " I give to the Rev.
James Holdstoek ;OW. to pray my soul out of purgatory,"
and that be altogether omitted to read the gift
of . w Hay. 'the, was of course denied. It was said
that he e5pr0.....1 a wish that the AIW. should be given for
masses fair his soul, but was told in that shape it would not
be valid—that it was wit likely a man of education could
sac "so (arse" toi espreeeion as Hamilton alleged, but the
expn-ssion wet hot equivalent to the other which was re-
turns' to. Ili ttttt 'ton stated that he and Brown were
surprised anal shocked at the eapreesion, and signified their
feeling to earl' other by gestures. When the pen was
placed in Cam,. haul, lie said, " I did nut know I should
tease had so mue"i tnoulole." And after he had signed the ,
deed be said, " eippose it will remain just, the same. It
will nut go from me, will it, until lum dead." Cooke ,
replied, "It will remain the same. It can't be touched till
after your death ; you eau alter it at any time you like."
This question and reply was not only proved by the evi•
deuce of Hamilton and linown, hut was corroborated by the
principal witness for the defendant, one Horton, who Was \
also introduced into the rasa. It was hie (the learned
comieelh) painful duty to say this went beyond that
tis. ti which he had been content to limit himself'
in deocribia: the conduct of these parties. The reply thus
given was ini.eisistent with truth and honesty. The fund
did not remain the scone. It trausferruil from the teetater ;
it could be towhee' ; it was oily the dividends which could
not be of in Carri'a lifetime. The deed could nut he
altered at any time; for it required assistance, advice, and a
copy of the deed :of all which he was deatitute. The wit-
s... Hamilton thought the &cements executed were a will
in two parts and the lower attorney. Caere had evi-
dently believed that the documents would he left with him,
sad that the power of attorney will the instrument he de-
signed for Ilamiltom to receive his dividends, and he asked
that they Phonate" he left with hiss. Cooke said, "I ;
cannot leave these two with you, but I can
leave you this one. ;" and he presented to fohl
up the dead soul the power of attorney, as if
Moron Is take it away. This manifested to the
old man that it could not be the power which
he had de.in‘l. This again rowed Carr'siuilignatioa, and I
be exclaimed, o W here is the power of attorney I &wired
you to bring. to get Haruilem to fetch the money as 1 told
you on Mouiliy." At this Cooke looked confuse), and
said he hail sosieunderetemel him and would grt a power for
Out porno... Caere then said, " I don't want you to re-
etive the money." Hamilton then observed that Carve had
desired that he (Ilamiltoon) should he executor, and to have
all the inawaey in the 'pew for his trouble. Cooke observed ,
to the testator, •• I opine.. you mean him to have the goods
and not the ino ttt y." When Canoe replied, "Money and
all, does he not tell you so!" the priest then suggested
that this might be duo, by a codicil, and a codicil was pre-
pared lay the priest conotaining the bequest and also the
legacy of ;AM. to Cooke, and was executed after Cooke
had left the room. On leaving the house, Caoke
&eked Hamilton lonorene from l'arni out of the divi-
dends when received lat., which he (Cooke) bad paid fur
stamp., but which the prie-t afterwards hold Ilanielan he
would settle. .Itle•r Cooke and the priest and the others
hal left the. room Hamilton and Drown /Maine's!, anal
Carry said, •• They have dime what they liked, hut i shall
make • fresh will." . Ile also said he intended by his will
to sive Hamilton :ANIL and the dividends due on his stock.
The next arlidavat was that of Mr. Crompton, the stock-
broker ot Carr..., who, when instructed by Hamilton to
prepare a power of attorney for the receipt of the divi-
dends on the Consols be the latter, thought it
his duty, trims his knowledge of Carry's habits,
to call mod .eseertain his wishes from himself,
=tly, wh,sei Carte told him that it was all right.
00l aseiteel went through the afftdant of Brown,
which in its material particulars corroborated that of
Hamilton, so far as Brown wee adverting to the evidence
of Miss Clarke., where it tended to corroborate that of the
other Witnesses. Miss Clarke testified to the desire ex-
pressed by Conkr to proceed no further, and to leave the
papers with l'arre ; that Hamilton then seemed to wish
that no delay should take place; that Cooke seemed
annoyed. and continued to decline to proceed any further;
that ,afterwards, at the request of the persons present,
Cure iityearinit to irlfer no objection, Cooke proce'e'ded to
mid the instruments. Mime Clarke stated that she gave
particular attention to what took place, as it oectineel to
her she might some day be called upon to give evidence in j
a court of justice on the subject. It was now getting dark, I
anal Cooke proceeded to read the deed by the glimmering
light of the' candle on the table, and the deed was signed,
sa was stated lov the' priest himself, he (the priest) holding i
l'arre up by time left hand behind his back, and with hi. I
right hand putting die pan into his hand, and the
document was thus signed by the old man, while
bodily and mentally overshelowed by the pewee
and influence of the priest. The next MBank was
that of Francois Metairie., describing the communications
between Cooke and the others of the relatives, and the diffi-
culty, owing to their ignorance of the English language,
and the carrying out of the design of concealing from
Carry's Testate., the circumstances connected with this
deed of trust, of sliscorering the particulars of the trims:n-
inon. Ile further stated that they lodged at the home of a
Mr. Bpencer, at Camberwell, who discouraged them from
linit, by saying that " the courts of justice in Eng-
idera• only hir the rich." 'Their pecuniary means were
likewise 'mato hut, and they were recommended to an
English nobleman, with whom they haul an interview, who
saw their rights and introduced them to the solicitor who
new meted for them.
The further hearing of this case was then adjourned nu
alp temorrow (this day).

SIIERIFFS' COURT.—YESTLIWAT.
BeJOlli mut Usramomon or Known.
Aminn r.CuaruaN.—FALAIIII,III.ONIIINT.—StaOVLAR
CA/11.
This was an inquiry to wets damages in an action
brought in the Court of Exchequer, to recover compensa-
tion for false imprisonment. The defendant had suffered
judgment to go by default, and the damages were laid in
the declaration at 5004 Mr. Pearson appeared for the
plaintiff, and Mr. derjoant Chadwick Jones was for the
defendant.
Mr. Nonni, in Mating the case to the jury, amid his client
was a )01.1,111( won do of very respectable character and con-
nexion., and the dasisdaat was the landlord of tho Omen
Dragon public-home, in the Belvidere-rod, Lasalooth, and
the eireinnoanees ander which the action was brought
were of a very aggravated character. The plaintiff, who at
the pntent time waa about twenty-six years of age, was
the daughter of • fanner in the country, who was now
dead. and ibe, her soother, wad • Omer, had. dependency
of about 1.501. • year, derived from property, and funds,
which were the subject of stye proceedings in the