The Express.
London, England, 1853-08-11 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CnoYoom, Acccsr 10.
Only one court was opened to-day, at which the L,rd
Chief Baron presided, sad disposed of several common jury
causes. It ass mat itipated thst the assizes would have ben
brought to a conclusion to day (Thursday), but at present
this seems very doubtful, as there is one ►pecial jury and
wren' common Jury cases still remaining to be dis-
posed of.
OXFORD CIRCUIT.,--41

AUGUST 10.

BILFORR Ms. hence Cottamoe AND a Ireciet Jeer.
REMARKABLE TRIAL AT GLOUCESTER.
C I:MOUS CONCLUSION OF TILE CASE.
SMYTH r. Steel% °WM..
This cue, which, as previously announced, was opened
on Tuesday, is now in a state to justify a report.
This was an action of ejectment, brought to recover poi-
session of certain estates in tins county, formerly the pro-
perty of Sir Hugh Smyth, Bart., of Ashtua-hall, near Bristol.
The plaintiff claims to be the sun and heir of the late Sir
Buten Smyth, who died in the year 18'21. Sir Hu tie Smyth
was known to have been twice married, but had no tune by
either marriage. The pisiotiff claimed to he the son of Sir
Hugh Smyth by a third and previous t o irriage. alleged to
have takes place in Ireland, with Jane, the daughter of Count
Vandenbergh, in the year 1796. The plaintiff was alleged to
have horn born at Warminster, in the county of Wilts, and
his mother having died in childbirth he WAS brought up
by • w..man named Lydia Reid. Hie birth, for some rea-
son having been kept secret, he went abroad, and on his
return to this country he was not made acqueiuted with
his pedigree till recently, when, by the discovery of certain
documents, be rime to the knowledge that he was entitled
to a b.ront toy and estates, which were veniality estimated
to be worth from 20,000 f. to 36,0d01. a year. The defend.
ant is the crendeoa of Sir Hugh Smyth 's sister Florence,
and is still a minor. On the death of Sir Hugh Smyth. in
the year 1524, the property went to his brother Sir John
Smyth, and upon his death in 1%49 to his sister Florence.
Upon her death the present defendant became entitled.
The romantic nature of the p:aintitra elsim, and the
Tumour that it was about to be supputted by forged does.
mints and perjury, added to the immenior amount of
the property at auk., have caused this trial to be looked
forward to with the utmost interest. Id the first
Instance Sir F. Kelly and Mr. Keating, Q C., were
resided for the plaintiff • but for some reason which was
not staled, wither of these gentlemen appeared. The
action was originally intended to be brought on the Wes-
tern Ciretait, but this intention was altered, and this cir-
cumstance account' for the tact that several gentlemen of
the WRlOrfll Circuit have been specially retained.
Mr. Bovril, in opening the ease to the jury, proceeded at
great length to enumerate all the circumstance's of this
romantic case as it would be disclosed in evidence. On
the death of Sir Hugh Smyth the estates went to
Ms brother, Sir John Smyth, who died in the
year 1849, in consequence of an interview which
the plaintiff had with him, the plaintiff in that
year had come to the knowledge of his right.,
and went to Su John, and asserted his relationship to
the deceased Sir Hugh Smyth; and such was the effect pro-
duced sport Sir John Smith by this intelligent* that lie
became unable to eat, wandered about the house disconso- '
late, and died suddenly the neat morning. For some time
the plaintiff, for want of funds, was unable to assert his
title to the property, but he was now enabicd to conic into
tout to establish his right. The learned counsel said, he
should establish bey and all doubt that the plaintiff was the
son of Sir Ilugh Smyth, by Jane, the daughter of Count
Vandenhergh, to vellum be was married in le. land in the
year 1796. At that time there were no public registers in
Ireland, but the entry of this marriage in a family Bible
would be proved, and the signatures of the witnesses would
be shown to be the undoubted signatures of the parties.
The entry was in the fo.lowing form:—
" 1 certify that Hugh Smyth, Esq., son of Thome
Smyth, Seq., of Stapleton, in the aunty of Olemeeriter. in
Easiest', by Jane his wide, was this 19th day of May, 1796,
married by me to Jane, the daughter of Count John
Samuel Vandenbergb, by Jane, the daughter of Major
Oookin and Ilestlur his wife, of Court klaerbony, county
of Cork, Ireland.
VIEW( LOVITT, D.D., Vicar of Lissom.

.
"HUGH SMYTH.
" Signed by ,
1 " o•Nn VANDZSBIIIOII.
I
" CAILOLINIZ BSYNAAD.
" Witnellate " JollN S. V•NDENDItitGIi.
"C . . Conan."
The plaintiff would produce • brooch with the name of
Jane Rookies upon it, and also • portrait of his own mother,
and the signatures of all these parties would be proved by
the most unexceptionable evidence. The learned counsel
then read the following entry of the plaintirs baptism,
which was contxined in the same Orally Bible :
"Richard llugh Smyth, son of Hugh Smyth, Esq., and
Jane his wife, born September 2nd, 1797; baptised Sep-
tember 10th, 1798, No. 1, Royal-crescent, Bath.
" CASOLISI BISNARD. " J. SYMZS. Clerk.

..115ABILLA 1/11CM:41."
The reason why the plaintiff's birth was kept a secret was
that his mother died in childbirth, and Sir Hugh Smyth
was anxious to marry Miss Wilson, the daughter of the
Bishop of Bristol. The plaintiff was then brought up in the
house ef a cerventer at Warminster, named Provis, which
had given rise to the rumour which bad been spread abroad,
that the plaintiff was an impostor, and was l'rovis's son. It
would be proved, however, that he was educated at Win-
chester, mid, it was believed, at the expense of Sir Hugh
Smyth. In the year 1814, a man, named Grace, who was
Sir Hugh's butler, represented to Sir Hugh that his sou,
who had gone abroad, was dead. The following letter, in
the handwriting of Sir Hugh Smyth, addressed to his wife
011 the eve of her delivery, bad been discovered :
" Stapleton, Feb. 2, 1797.
" Dear Jane,—The bearer is my old nurse, Lydia Reed,
In whom I have every confidence as to her skill and atten-
tion to you. Dr. Seagull' will attend you. I will endeavour
to be over to-morrow, and bring my mother with me. Till
then God bless you, and that you may have • safe deliver-
ance is the prayer of your affectionate husband.
"To Mrs. Smyth, Warminster." lluou
Sir Hugh was married again in the year 1819 to a Miss
Howell, and circumstances having convinced Sir Hugh that
the plaintiff was still alive, he, in the year 1822, executed a
document, declaring the plaintiff' to bo his son. This docu-
ment was discovered in the possession of a member of the
family of Lydia Heed, the plaintiff's nurse. It was signed
by Sir Hugh Smyth, the deceased baronet, in • trembling
hand, and by Sir Jobn Smyth, his brother, and other per-
sons as witnesses.

In the follewiog year Sir Hugh, who would appear to have
recovered in health, executed another similar document.
That document also would be proved to have been signed
by the parties, and it was discovered in the possession of an
attorney's clerk in London, who had formerly lived at
Bristol. The plaintift had gone &breed, in the year 1814,
with a Mr. Knox, commonly called Lord Knox, arid there
gave himself up to various studies, and p rticularly to
that of the science of mnemonics, till his retuin to England
in the year 1826. At that time he devoted himself to
lecturing iu various parts of England, and, though be sus.
"meted he was the son of Sir Hugh Smyth, he took no steps
to assert his rights till the year 1849, when he went to Sir
John Smyth, his nude, who admitted his relationship at
that interview, which led to Sir John Smyth's death the
same night. From that time the plaintiff had sued every
effort to vindicate his rights, and those facts and documents
had been discovered which w leave no doubt on the
minds of the jury that he was entitled to the estates which
he now sought to recover. The learned counsel then corn.
plained loudly of the intimidation which hail been exercised
towards the plaintiff's witnesses by the defendants agents
to prevent their giving evidence oa this trial; but he had
full confidence that they would come forward and tell the
truth, and so establish the plaintiff's case. The main fact
la the case would be that Sir Hugh Smyth was married in
Ireland to the daughter of Count Vandenbergh, and that
the plaintiff was the issue of that marriage.
The documents having been put in and read, witnesses
were examined, who deposed generally to the authenticity
of Sir Heigh Smyth's handwriting. With regard to the
signatures of other persona, doubts were expressed.
The mum then sdjouraed.
The trial of this cause was resumed on Tuesday, at haff-
put 0
Sir Richard Hugh Smyth, examined by Mr. &mill—
(The witness was a man of a middling 'tee, and sallow com-
plexion, with very little whisker, and iron-grey hair, care-
fully combed and arranged. He was dressed irs black, and
gave his evidence with great deliberation, very much in the
style of a practised lecturer.) I am the plaintifi in this
action. When 1 first remember anything I was residing at
Warminster, in the county of Witte, at the house of a Mr.
Previa, a carpenter and builder. I was about three years
or three and s half year. old when I seat remember. '1 here
was an elderly woman and a young girt living there. Mrs.
Reed was the elderly woman,and Mary Previa the younger.
The elder woman was the wet.nurse,and the young girl the
nursemaid. I remained there till I was removed. Mary
Provis is now Mary Cullen. When I left Mts. Peovis'e,
Grace, Sir High's butler, took me away. I dies not at that
time know whose sun I was. I did not know my mother.
She died the moment I was born, so I understood. 1 was
taken from Provis's to Lower-court, in the village of Ash.
tow. It was an old-fashioned mansion, belonging for many
years to the Gore family. It was a larmhouee. I remained
there. I was removed when I was five years of age. I often
saw Sir Hugh—l understood it to be Sir Hugh—rid-
leg through the demesnes, going hunting. If the person
I saw was Sir Hugh, he often spoke to me. 1 have every
TWOS to believe so from his dress. While I was at Lower-
court I did not kanw who was my father. From Lower-
court I went. I belie le to Heath-house, Stapleton. I be-
lieve a Miss Whitchurel took me there. I was there only
• day or so. I remember the French 'prison there, and I
was takes by the old g,rdener to Mr. Hill's, of Brislingtoo.
Mr. Hill was • schoolmaster; be kept • large boarding.
school, at that time rather respectable. I remained there,
I think, about two years. I remember, w bile I wee there,
the laying the foundation stone of Dr. Fox's house of in-
sanity. 1 went there with young Gore Langton, now
Cilimel Dore Langton. I went from Mr. Justice Ire-
land's. Mrs. Ireland could not go, sad I was In-
Vested to Mr. Langton, who was 15 years of age. I re-
turned to school the same day of the laying of the stone.
While at school at Brislingtua I visited old Colouel
I also went to Bath. to No. 1 in the !loyal-crescent, then
inhabited by the Earl of liandoes family, who bed been
there from the time of the diseurthenees in Ireland. I went
there several times, and also to another tense, called Lid-
comb., in the vicinity of Bath, on the rising hill. At that
time I heard very little of my mother, eseept passing re-
marks which might halm been made by T1L110144 ladies of the
Bandon family about my mutter's misfortunes. I left Bris.
hereon School in about two years. I was takien to War-
minster Grammar School by some Wigs from Loneliest,
the Marehiouse of Bath's. Dr. Arnold, the late maser of
&sib', was my companion oat schoolfellow. Many Was

came to tee nee from Loogleat and Bath, at times. I was
too young to pay much attention to those thine, at that
time. 1 have since learnt their names. The Marchioness
of Bath was one, not Lady Isabella another. lu aristo-
cratic familiar the first name is mentioned. 1 thick I
remained at Warminster School about two years. I then
went to Winchester College, as • VISIMI/11111% under Dr.
Goddard. 1 remained there till 1810, the year Dr. God-
dard left. 1 left Winchester in en:sequence of what Dr.
G idtlard said—that my hills hied not been paid for the last
eighteen months. I went to London, by the advice of
Dr. Goddard, to the Marchioness of Both, and told her
what Dr. Goddard had said. She lived in Grosvenor-
street, London. I told her what had occurred. I stayed
there some considerabl- time, till her ladyship had matured
her mind upon, the subject. A few days it might have
been. I die: not bear anything about my family till my
last interview with the marchioness. That was some little
time after going to London to see her on this very subject.
She was a woman of high tooe, and thinking, possibly, I
was too old for her protection, she advised me to go to
Ashton-court. to my father, and said that Sir Huge was
my father. She gave me the money my mother had left at
her death. My father had nut been present at that
time. She could not tell mo anything respecting my
mother, but told me I aheuld get it from the Bandon
family. '
She also told me that in the possession of
Mr. Davie her steward, at Warminster, would be found
the Bible of my mother, pictures, and other trinkets, jewel-
lery, and things of that kind, belonging to my mother. Of
course, my lord, the possession of the money at that time
took away all other thoughts, and I paid no other atten-
tion to it. The money was some hundreds of pounds,
1.1001. or 1,600 f. It was in 'notes. I did not wo to my
father's. 1 went to pay • visit to a lady at Wycombe
Abbey, the seat of Lord Carrington. I received nothing
from the Marchienen of Bah except the money. 1 cannot
remember-the name of the lady at Wycombe Abbey ; I
only know the house. I was there some considerable time,
some three or four months, and, on my return to London,
the Merchioness was hot at home ; she had left. Some
little time after I was taken ill it the... Marchioness's house,
in London. My illness was the smallpox. I was ill
• length of time, I should say 18 months. I was re- I
moved to Parliament-street, to the care of, I think, •
Dr. Williams. I kaow the house. It was his house, about
the centre of the ,on the left hand as you go. I was
at that house about 18 months. After my recovery I went
on the continent with • gentleman of the name of Knox, a
young mon. I had become acquainted with Mr. Knox in
London. I met with him by accident, passing along. Ile
is dead. I had played with Mr. Knox as • bey at Lord
Cork's, with whose family I was more intimate than any
other. Lord Cork'. adjoins the Marchioness of Bath's, at
Longterm From his brother's statement, I now know Mr.
Knox to have been the son of Lord Itanfurly. I went abroad
in 1815 or 1814. I was at Brussels at the time of the battle
of Waterloo. It must be mere guess as to the exact time.
We called Mr. Knox Lord Knox—a nickname. I thought
he was Lord Knox, but I have sine' unit:tined from his
brother that it could not be. I travelled through the whole
extent of Europe, after the proclamation of once. I be-
came acquainted with Bell and Lancaster, who at that
time were making investigations in Germany as to the state
of education. 'they were travelling together. They had
taken up the subject of education. They gave lectures on
the subject in the different towns of Germany, and over all
the Low Countries. They gave joint lectures. I cannot
charge my mind whether they had established their schools
in England before that, or whether they did it afterwards.
I remember their separating, on differing in opinion. The
then returned to England in 1826, and I also. I returned
in 1826. 1 was engaged with these gentlemen in what has
been my business through life—education. After 1, avieg
them I went after Baron Von Feineigle, and learned from
Ws • system of mnemonics, or artificial nr emery. On my
Seem to England I published it, in 1826, for the benefit
of schools here. On my return to England I made some
inquiries about my family. I heard Sir Hugh Smyth, m
father, was dead. I should correct myself here a little; I
was not then derisive that Sir Hugh Smyth was my
father. I heard that Sir Hugh Smyth was dead. I imme-
diately commenced teaching my system, by going to Scot-
land, where I first began, in the city of Edinburgh. I
made no inquiries whatever about my family at that time.
I lived by my profession—by the system. I taught .it
in every school in England, male and female. I con-
tinued in that occupation seven years—from live to seven
years. I gave it up in 1835. I then found it to be a dead-
letter, and took up with the subject of oratory—oratorical
display. I continued teaching it till I came to Dover, in
Kent, having a desire to go on the continent with my
system, where the English lived. I met Mr. Knox, the
brother of the Mr. Knox whom I had known before. 1
heard he was there, and, thinking it might be the same, I
went t. the hotel. Finding I knew his brother, he gave me
two letters to his family at Boulogne. They hail gone up the
country, and I returned to England in 1536. I still retain
those letters in consequence of the absence of the parties
they were directed to. I then travelled England over, from
place to place, lecturing in schools. I never lectured in
lower schools than boarding schools, or public schools. I
never at that time made any inquiry for the things the
Marchioness of Bath told me were with Mr. Davis. 1
inquired of Mr. Davis. On going to From. in 183 S or
1839, I found Davis was dead. I only saw old Mr. Provis,
then living at Frome. I was lecturing at the time at Dr.
Williams's school at Frome. I had some words with Mr.
Provis for obstinately refusing to give me any information
respecting my mother. He said, he should say nothing
further; I was taken away from his house at so early •
period of life that he n troubled himself any further.
I had seen him several times before. This was the last in-
terview. Ile seemed to draw back. I used some harsh ex-
pressions. He was an old man, and struck me with his
stick on the head. I told him it was the last time I
should call upon him ; he had struck me, and he had no
right. I put him down in • chair. The words I said
were, 11 How dere you strike me ?—you could have done
no more to your son." I was going away, and he called
me back, took me upstairs to his bedroom, opened his
bureau. and gave me the Bible and the jewellery. The
large picture, said to be that of my father, hung in the
room below. lie also asked me to pledge my word to him
that I would follow his directions. I assured him I would.
He then gave into my hands a bundle of papers, sealed up,
with directions to take them to Mr. Phelps, an eminent
solicitor at Warminster. I then left him, and never saw
him more. I brought the Bible and jewellery, without
opening them. I left the Bible and jewellery at Mrs.
Mattick's where I lodge sometimes. I sometimes lodged
at Mr. dappell's. That is the Bible (on the table) and
this is the jewellery. (A new-looking morocco case was
here exhibited, containing a miniature portrait, which
the plaintiff supposed was that of his mother, four gold
rings, and two brooches. One ring was marked with the
initial "J. B." suggested to be those of " James Ber-
nard." A brooch was marked with the words " Jane
Gorkin" at length.) I first saw the writings in the Bible
after our first visit to Ireland. We went there at Christ-
mas last. Every year after the year 1838, on coming to
Bristol, I made inquiries about my family. I obtained no
information. I asked, " How is Sir John—is he married 1"
"No." " Then there may be a chance for my family." I
had no idea he was the brother of my father, but tOe son.
At that time I had no need, and made no search. In
1839 I called upon Sir John—l beg pardon, in 1819—
May the 19th, on a Friday, I saw Sir John at Ashton-court.
I went there alone. I saw Sir John himself and Mrs. Way,
his younger sister, Mary. They were going into the court
from Heath-house. Mrs. Way seemed rather annoyed at
my intrusion, and said, "Yon bed better go away, man;
Sir John is not in a state to he seen." I said my easiness
Was with Sir John, and Sir John I would see. She went
away. Sir John lock me to the small dining-room, half
library and half dining-room. I rather suppose he felt
conscious of who it was. We sat down. 1 told him as
much as I could of ray past life. He aepeared excessively
agitated, and was thrown into such a dreadful state that it
was painful to behold him at that time. I bad never seen
him before. To calm him I merely said I was not come to'
take his title or his property—l wanted a provision for my'
family in • sui:able manner, and security alter his death.
Ile made use of this remarkable expression, my lord—one
he was always accustomed to, " You are indeed the son
of my dear brother." After considerable conversation, It
was agreed I should go to Chester, and fetch my family,
and be would make every arrangement. They should
stay at Ashton-court, and he would live at Heath-
bowie. He gave me all the money he bad—a 601. note of
the Bank of England. Ile said he would give me a draught
for more if I required it, and I only regret I didn't take at.
I imagined several times I heard a movement of some
one listening, and mentioned it to Sir John. He said,
" Tut, tut, nonsense." I left Bristol by the five o'clock
train for Birmingham. I had chanted the note at Miles's
Bank, and endorsed it " Sir John Smyth, Ashton-court,"
at tee young man's request. On my return with my
family, in 12 days, I called on Mr. Penton, in ll,eh-street,
Bristol, and the first word I heard was, that my uncle
had died, and had been found dead in his bed. The
words Mr. Venters used were, " Sir, yen are too late;
your uncle, if it be so, was found dead in his bed the next'
morning." I made no remarks ; I was too much con-
founded at the extraordinary circumstance. I bad called on
Mr. Penton on my first visit, because I was told my father was
divorced from his first wife. Mr. Smith, the accountant,
who had given me the information, referred me to Mr. Pen-
ton, to save him from any interference, in consequence of
his (Smith's) being in arrears of rent to the steward of
Heath-house. When I found Sir John was dead I did the
best I could. I saw no chance then, and took my family to
Bath. After the year of the Exhibition Iwe vet to Taunton,
in the apriag of last year—no, in the autumn of the year
before. That would be in 1851, it strikes me—in the spring
of the year. I went down to deliver lectures. Lecturing
not being then a profitable concern. la March, 11451, I was
at Taunton, and remained till Midsummer, 1852—till the
autumn of 1632. H 7 profession not being ,good one at that
nlnueetteyit
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volmteeirt7e.cagaucihe
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acquainted
,it
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iirtile occasional lecture,
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ah.totetli,ealiacusinatttoemton•
con-
sulted him and others in a private way in confidence. I was
very tenacious, and seldom cared anything about it. I was
first introduced to Mr. Catlin about Midsummer, 1832. I
remember his taking six months before he would decide
what he would do fur me. Mr. Cagle) Shadwell, of the
Chancery bar, introduced me. Ile 14 brother of the late
Vine-Chancellor. I had had two or three interviews with
Mr. Shadwell—yer, two before, and one with Mr. Shadwell
when Mr. Collin was present, and the matter was discussed.
I from time to time saw Mr. Shadwell on the subject. I
called on several solicitors, bat they refused, and I was
peer and had not the meats. I then called on Mr. Stone,
and to him related everything I have now stated. Mr.
' Stone introduced me to BIRIO Castle and Henderson, in
Bristol. They had my cote for some time. They rave it
up be cause of the expense, and suggested to me I slieuld
seek some Loodun mentor, who would find the means.
They suggested • 20,0001. bond; I scorned at the idea. I
took an opinion written by Mr. Stone to Mr. Shadwell, and
he introduced ato to Mr. Catlin. I made application to several