The Express.
London, England, 1859-07-04 00:00:00

Mr. Demme opened the pleadings. The declaration
rested that the plaintiff reifies Senates suet the
Bight Hoe. Frederick Lord Chelmsford ; that Samuel
Snidest decreed all his estates to the plaintiff,
who was hie daughter.ini kw, end her heirs; that
after the death of the tntatitr, Frederick Hay Switta, clelm•
her to be entitled to the fetstee as heir-stilew, filed a bill in
the Court of Chancery, praying that en terse might be di-
rected to try the validity of the decree; 'het the Mester of
the Molls ordered an issue at whleb the now plaintiff should
Ohre end Frederick Hey Swinfen should deny the validity
of the will ; that tho imam was tried et Stand,
before Sir Cromwell Cromwell ; that the deleudent
being thee • barrister was her leading counsel, yet that
be, without her anthoeity and against her silt, end wrong-
fally end fristednlcatly. and contrary to his instructions, ene
tried into and ethicludel • *qui:tonal* end signed a pew
set oat in the declaration, and rut/rated that • juror should
ter withdraws, the terms heir% that the aerate should go to
Frederick Hoy Bwinfen oaths now plaintiff bother mowed
1,0001. • Tose. The sexed ,ount, Idle the bet
Mated that the defindant had been related se the phial
tire *Passel, that alter the commencement of the trial Mr
Cromwell Cresserell, the jades who tritd the ewe, grivately,
cheadsetemily. mid itlegthy eirstatinicatod with the itedandeat
se the emus' kw the plauitall, and gave hint to eaderstend
that he Sir Croswell Cremerill bed Aimed an safavourable
pisio• el the plethora etas, end that she would probably
Mir the verdict, MN the peewee of intimidating the &Masai
sad iodates" him to compromise thecae', sad theroapua the
eafee.ar, without the ka terkeigo of the plitistalk
elthoash she required him to proceed, Long am.
duly sad impeoperly indaeneed by the rid judge.
did ,;„4„ly ufeeitoly sad freultrestly Weenie • party
the portiere of the judo, by moose c f which sinter WY
withdrawn sad the trial was not iteenesakd with. TM
ratios thee stated sprit dameave, sod the platelet reamed
111,001.
The de/endeat se to the wheat at the tirrloratias=
ass As • seesad plea to the first bourn the
atY That he moored We the eowyestaiw is good faith and
without her, sal is the bebel bet Imbed fall authority hem
the pleimMlL Is a Sled plea to the won I it-tiot le de-
mise that Csseeirell Cromwell oil peiret,iy, c'etodose
Mealy. er Own, sowissairwe with him. left ft,U, Li plea
as to the Mai smat he &Wed ?het he dud wroocially
er tramiaissiey, r im curies with sir Croswell Crew.
wed, magi imse the old t, es alleged. Is a fifthpleato Om eased rest the dapeadeat sold that the plas-
h/ did not nudes hies a• yetweed. la a sixth plea, the
Meadow said that w► ahe watered late the orreetwast be
did so ea good rahh,sed la tat Widths& be bad tall authority
tram the *tariff. la a ssessiblisa to the esseme met
the disisest hst t atter ha libboss mime sae otter
he bmi advised the plelatif tts emir bite • owl
she lied retuard, Charles the s Mlsesey,
ace
to hias •he is judgmest, rea•
dewed it neetheary mad =Leh& le either into • cunprousise,
lee end ft wiser to tat el Ids t, end in the
intemets of the Metaliff. sad wiliest ilmae, ha bad watered
into the sorreemeat shelled—sad Ise • Irt plea, that be
wee tre retained in the Iwo alleged ; sea taw plow true
wee j gad.
. . _

mike' 17iti.sesos oa both sides h.vhg eon ordered oat of

Mr. Kennedy then, amidst profound .ilasee, proceeded to
soy that he eatteeteet the essioue availing of the jetty to this
cause, which ma/rely concerned the plaintiff more than it did
any me of them. The plamtdt, Mrr, Swinfert, sourist to
recover snob damages a. thy might think her entitled to
kr • breach of duty en the part of the defewLat
of the most serious character; sad one which, if not
visited with signal reprobation and poLi.humit, might b
Mewls into a prembeat inimical to the istereste of the law
end of justiew. He soured th millet hie cheat in imoituting
the., pro eediage wm not actuated by my improper ur selfish
motives; on the contrary, ebe lathed upon them pro-
viding. in the mature of • return to her country for having,
to nom @item, eetatteLed her in her righta—ms a
proceeding indigene ibly ni vaiery on bar part, thoogle
exceedingly arduous on account of the station of the defend-
eat, in order to promote the enda of justice end to char her
character from the obloquy that .had beet cast upon It.
Had the humblest counsel committed the set whirl
she chirped against the defendaet there mold leave
Lein a clamour throughout the whole profusion, sad so
in one would have been eptr.d in order to bring the
eff.nder to punishment. The &tendon prenesind a
pest nains, and held an exalted stition, end be
had, he was sorry to say, nerd hie Mame° and
hie wordth to stifle inquiry sad to memo himself ham
the stria oonamaences of the erotica of which be bed
been guilty. When he bad unfolled the whole of
the cireonaffauces It old be for them to say
if such en act could be enceresfully upheld seed justified in
the adminiotratios of the law ; if, 'tidied, it could, thon
the low of England would for all item toe wo bo stipmetired
Le rotten et the core Happily it wee no: so. He knew
full well it was not eo. Hie client, maddest In the
reetitxt int of English law end justice, aid it. &d-
-rims, bad reeolved to appeil for reeves mania bee
Wray., For a long time the plaintlf wee hier..es-4 try
othr pmernliega, ie mirk the def ndeat leapt 41 himself
with her altimeter, and drought, be ihonid trove, to corm.
shrine ter by treadiermis aMdavite, ant tilos prevent bee
from proavitin *bismuth ; so miter. homier, wee she foe
Polo other embarrassment. then the frocesed to mike an
appeal to the wiped:. of the law, undit reel by lb.
P "suer, the wane, or the intim we et tied maieet her. He
was reedy to grant that in an oedintory ram there might te
mem ground Pe alarm in coneeTnesea of Ma Win Mb ease
hie e.vost felt bet elm woe fl,strieg the 14 itee of theist, Melt
and that however powerful Lcr act iponta might be the law
WRI 1.0 pure and ton strong to inaction an act of groin
into-tor The defendant, he wee alai to mr. would
Lace the edemase of tt.l, edreeite... Evorything, of comae,
that cutlet he dime by liral craft and 11.g.l eloquesee would
be briught to tear egainet his chest, and he wee glad of it,
for he liked feir play ; but it of en happened that Provixionee
need up humble isstrnments to sotemplielt is amigos by
overcoat:mg enuring, sad As right of power. He himself
declined to soy that mach would he the result in this case, for
tbourn •'th' heal was ef gill, the feet were but
of cloy." Ala cam lortatestely .waked no eteipmeee to
rtotaia it; if ea, be agouti Wird be ornmatithed by the
boned gentlemen cm the wiper side. It would he sufhieut
Pe him to hate the frets end to tel the tate just se It et-
carrel. To unfold the circumstance.. Indict, be ehosiM
have little Imes to do thin en reed the 'video. e already
given by the defendant hireeel ; end they would me hem it
that be sh old convict the decedent 1.7 his own month
They would see that every w4n4 uttered by him famished
andeniehle proof that the theme sminst him wet 'vetch,
sad entirely tree. Rewash' prove that the defeedent hal
not more failed in hie duty to hi• client in the one greys in-
seance. than in eertaia ether duties which she expecfed by
right at hts hands. In 11451 hie cheat wont with her boa
!leery Seriatim to live at the hones of bee tether-is-bah
who had three ram previously lust his wile, at hie matinee
near Litchfield, In the county of fit.tred. The old men
wt. it lh.t time 77 years of see His general Width MS
good. but be wee afflicted er.th certain local hiceente, esireg
them being elienseatem, which prevented him from walking
much about; also a te moue siectioe, Mika made it M-
ead foe him to write, though be did mite at times. Al that
period another dleeses of polefaL though of a heel
charm-ter, wee comities open him, namely a &tease of byes.
pie tl charade; sever be!ese he attended to hie firm, bet
not we well as Men
dot stliketion ; se Mat when he son
cum be materially meleted him hi merging the Maims,
of the farm, always &moulting hie Pith* upon all teethes of
hamme. They Heed In Mi. way for three mere, end la the
meth of July, 11154, the old man died. Now, during all
this period, Kre. Swinton wee enuateary with the 44d man,
doing mere thing that she possibly could to menage hie suffer.
inn, end to mossote boa reonfort, end the remit wee that he
selaind the greatest aff,etioa for her, which she well dm
0,1.4. In the year 1942 —me year from the time they west
MLitt with tbe hid pessimism —he rale hie will. An *t-
empi was meat fee, Mr. Steepen, and the nutriment was
suds he favour of hie sm. Now. it would he contended tor
the ohm side, end hal teen se contended at the 'role, that
Ike old inn wee inbeetle, and therefore nit is a
It state te es emus reds an inurement. Why,
when the. Maim y mate ti him and beard his request, he
end " Why, as your prepeirly anal go to year sea, the law
mensfle makeelowe will f w you ," to wlikb the old gentle-
Len "Phi L "1 mats a will *one time MO, bet It sunset be
$ ,it has gm isee Is the Lonloe Ake el the solicitor,
sad I went smother OWN uted." This nfl, as lest, wee made
bcf me his w fie d Mb, to whom he lied loft all Lie property.
lie bat eager's."' tls r Vie which he poseesesi, sod
tisane' in dist will a dame milking the wild retie
duo, le.nideet, ea/ giving her hada 3)01. a-.or. The
Lew 444 il was road and he exmotil his Mt-
pneel of it. Sy Met will, if the old men died, the sea
',ld hate euereeded to mai/thing, and SIN. 8 Mahe hell
the teal gad peroomi Male. The ealy rebates, the glom