The Express.
London, England, 1858-07-27 00:00:00

TEE EXPRESS, TUESDAY EVENING, JULY 27, 1858,

remember the purchase of London and North Western shares
by Lane and l'erry, of Birmingham. This was in September,
1162. Mr. Strien, the testator, refused to lend the money
till be had got the certitloatee. My busbend said this looked
very suspicious, but the old gentleman had his own way. I
heard feme him that he had lent his sister, Lady Clifton,
I,ootl. This was repaid. I think it was before I went to
reside at Swinfen. Sometimes the testator allowed hie
tenants 20 per cent. He was naturally a sociable person,
but was sometimes very reserved. When I first went to re-
esde at &Mahn the testator was in the habit of swaying a
good deal. I remonstrated with him, and he left it off
almost entirely. He wee very impatient of delay.
Sometimes he would say to the servaate, "Be quick ;
beat the quick trot." When we first went to
Swinfirn it was like a wilderness. I persuaded my husband
to have it planted and dewed up. Soon elberwards aid Mr.
Swinfen began to take an interest in what woe &ma The
cows were all named, and after Mr- Swinka was confined to
his room be used to call them by name. The testator used
to sit wall hie door open. I never passed it but if be limed
me be called me in. M husband and myself always went
Into die room the last thing. He wed to say to me, " Good
night; God bless you." My husband kept hie bed for weeks
before he died. Dr. Brans attended him. I believe it was
the day after the funeral of my husband that I gave up the
keys to Mr. Charles &widen. I remember Captain Swishes,
the defendant, sad Mr. Francis Swinks, called at the house
in October, 1866 , they had called on Michaelmsa day to de-
mand the rants.

Mr. Jostles Bliss—l thisik it will to better of to go into
that matter. TO6 real quettioa is, what warn the state of
the testator's mind between the two deaths.

Mr. Kennedy—Very mall, my lord. I adopt your lord-
'hip' suggestion.
By Mr. R.Jame,—T formed the acquaintance with my
himbead at a lodging-houee in London. We were married
unknown to his father and mother. The marriage took plane
at Bt. George's, Bloomsbury. I first saw my father and
mother-in-law in 1944. I never slept at the Hall during
the lib time of my mother-in-law. I ban no letter entirely
In the testators handwriting sines 1819. There were not
mare than two or three persona who vialted the testator
after he took to his room. It was four or five days
after my husband's death that I saw the testator.
I also saw Mr._ liimpeon, and showed him my

husband's w real. Ma Ilene; iteti
Seeks, to le wile ell bisprografrof sow,
deeeriptlim_ ; INN ilia 1640.) Mr. Awn toil bar OW
by the knalid loseliminbelbefore hi. fatiter.lbe wI Mlle
come iftwordho. I bid wit Ow Mr.Dimpus. This was is
the 21st of hot; std ea that eatmda bad NAM/ wing
was ...id abed the aid men asather ma I deft
remember aapeg litelikat abseilass inilmiles to On Irral
Chancellor leo essamilin of lessart. Nis lid sot mesa
Dr. Bowls/ rodi Dr. Arm so U. two mad sus toi4ow
la siwnid Ne At eettillesele Sulnisa we el ow
wonwil obi DM oat mamba boob/ midi ot As lost
Wel Ad 112. Nape said It well M assaaaary b ban
lbs soollimies of two medical me as hi thil
eosin al mid of Mr. Illwilobw. barb wee
said, but I legit the words TM, tta aasaarblai about
Dr. Rowley me Dr. Evans, el a aritissisibon two as&
cal men, for somebody to mesas his prejeft I was asked
at the last trW whether I thaw that Dr Zee smi Dr.
Rowley came over to examiesMr. Sustain us to draft of
his mini, and believe that I add, " Yes." I know that
Dr. Rowley and Dr. Ems ens over • it might b. M
examine Mr. fillrinkiesislete *lbis riled. I eke% kelt
that I nusworad this " To." II OW bat Yid; I
did so It mid be sand. I rose As sobs of As
Let trial bat lank. Tb ',Mess I than we was caned.
A Mrs. Lie we. el.mit at the hall at the time the
testator made his wW. was an intimate fried at
miae. A letter written by bee to Mrs. France Seam
wee not read to me bakes It we met, but can was wrier
at my mean. Mrs. Llama saw the Meteor several times
after my husband's dila. I know As* tits idiot of Mrs.
Lisbasa, produced In cond. is is bw boodwillawy. It
was on As 20th of JIIII• VIM I mufti bar VT*. I
thinktbst As lust time I saw Mrs.libmenets await sobs
crtgedigo at Lkelleld. Bbe is mot bow sitbin ItAL I re-
ths dividends on the comae pertheet by
Charles Swede with the railway Asses owl olbor mewMr
s..
By Mr. Itemedy—l had nothing to MTM the t-
asemt the wag. When Mr. Frage ilatabairs st-
teensy, suss to me in 1855 to masa izary in referee*
to this matter, be end there was 6, I said there
was more than 7,0001. I believe that K. 1% Lemma was la the
bee two or three days after the death of my heisheeL
She ante on the 16th ; went home at sight and
sod Isit on tbs 20th. It was ma the 16th of 211111.14
I seed Mrs. Lishmaa to write is sewer to • letter to
Mrs. Frauds Striates. I never maw that letter tin the lid
trial. I bad nothing to do with advising any project mto a
mesiesslee. When I saw Mr. Simpson on the 21st
Juan after my behead's death, I had only talked to him
more than once before ; this waist the use, the old maltose
the will in 1812. My husband's will was drawn by Mr.
Morphia; it was made in Feb., 1840.
Charles Simpson, Req., • solicitor, of Lichfield, examined
by Mr. Gray —I have been practising se • elicitor mince
1824. I beame acqoainted with Samuel Swink.,
the testator, from fifteen to twenty years be-
fore he died. From that time down to the death
of Mr. Morphia, his solicitor, I wita occaaion-
ally employed by him. After Mr. Morphia' death,
I became Mr. Seinten's solicitor. He was very kind to my
wile and family; in matters of briefness he was quick and
of-band—gave little trouble. I don't remember ear
be writs till I led* his will in 1862. 1 became
with teens (Henry Switifen) at the slum of 1851, or =
mossement of 1652; he came to me on some babas at hb
father's. From that time Henry conferred with we is hi
father', affair. Henry used to ripest me to std wry opt.
skis in writing to Ws lather. In March, 1862, I was mat
by to Swiefes. I saw the squire ',•he testator), Mr. Hasty
end Mrs. Swishy. The aid gentleman said he treated to sea
me shoat his will. He also spoke to me about deeds that
en miarg. Mrs. 'Henry Swinten was to the
rote. I bed not own her before. Old Mr. Berets sold
the be wished to leave all Ms property to his son. I said
that the law had made his will already. He replied that be
had made • will, bat could not lay his band upon it. I
the sad there made him • will on a sheet of paper. This
wee on lb' 26th day of March, 1852. [Copy of will pro-
duced, by which Samuel Swinton gave ail his real and per-
sonal estate to his see, Henry Sentra, Imbued of -the
present plaintiff.] At title time Henry Swirisn's will won
produced and in the presence of old Mr. Seeks mit haled
bequeathed everything to his wife. Henry bee the seed.
At his request I read it. At the end of the will I farad
nelenal bequest and devil* to his wife. The
rid stetlenuin heard all the coaverestion. I mid to Ida,
" It's just possible, sir, you migbt survive year SINN amt
have to make another will." I don't atsctly reaambre his
reply. It sea to the effect that I was jokier. I ranomeber
the death of Henry Swinfee. I was from hone, bate my
noises I was told I was wanted at Swinton. I oat as
Monday the 19th. I saw Mrs. H. Swinten. She gave me
her husband's will, and a draft of the deed of the re-settle-
ment of the estate. I hake at this latter dement. I bed
very little comments with Mrs. Swinton at that ten
Os the 21st I attain went to 8 einfen and mw Mrs. Hoary
Swinton. I told her that the will olio: bnahand would net
pare the ewe. She told as eft Mr. and Mse.
Charles Salem were coming to all d. ral. Noth
Was at that time said abort dm sees of mei
of old Mr. Swinton. or about the inenesmeent of
his 'flare. I saw Mr Clarks Swink. Mee heel ma As
24th of June. Oa the following Mosley momeingiLit;
tended at Striate, and had 'conversation *IA M.
Seam and his wife, and with the plated' ,• the tea wee
an impression on my mind that Mr. Swint= wee tatter
incapable of managing his affairs. I don't remember say
but one person harlot communicated with me an that sub.
ject —it was Bacon, the tenant. My ounversation was Welly
with Mrs. Charles Sedate at the interview to which I refer.
I yes looking at • long deed ; it wes the settlement of the
deed of the grandfather, John Swint's. In the worse of
the conersetion, I said that I thought Met Swinton
was Is • very difficult position ; that I re-
quired time to consult my agents ; that I thought it
required the intervention of the Court of Chenoery. I heard
nothing on this ore:silos of the state of Mr. Bwlnfen. I
made notes at that thee in the room of all that took peen
I hove only found those nobs this morning. I made inquiry
of the names of Mr. Charles Swirdith's family, Nothing
whatever was said of the state of mind of Mr. Bwinfen. My
idea of • commission was before I went to Swinfes. It we
with this view that I made Inquiry of the names. I had
• written oommtmication with my town agent on lb. subject.
I rodeos It hum my eget, Mr. Cole. I remind • reply,
which is here in court.

Lotter from the witness to Mr. Cols read. It was dated
;IMO 28, 1861, end submitted a cam drawn up an the 16th or
17th Vio. cap. 70. Cam am forth the circumstances under
which Samuel esiafen held the meets ; the feet of his
being more than 80 years of age ; the feat of hie having road*
• will in favour of hie eon Henry, who had just died before
him ; and then unlined that the testator was by reason of fa•
Sanity locapable of (imaging his own afkira, but that be
had occasional moments twr6heenn he recognised familiar things
end ponces. The communication dies set forth In detail
the names .1 tb• other breeches of the family, Oa the 28th
of June • reply was nceived from' Mears. Cole to the diet,
that they bad sem the Masters in Lunacy, who recommended
that If " senile imbecility " existed, • mcontimion of lunacy
ought to be fused.
In reply to • gueetion by the j admi,
---- - - -

. . .
Mr. Bisywoa ;aid that no special instructions to submit
this aim briber' siren to him, or to "say that Mr. &moil
thrishs was 'swayable of manayiag his affairs ," or that
had occasional massats by which he recognised Unarm
tumors sad persons At the Efate this took pleahe had sot
saes Mr. &atonal Swinton to 'yeah to him Saco 1852.

Eamoinatiou of wheels continued by Mr. Grey—After
receiving this oommunicatiou I saw Dr. Rowley. 1 ea •
plait:led to him the coatetts of the latter from my simis ; that
they re faired a certifkate as to Mr. &Wen befog Moapablo of
managing his affairs. He referred to aa streams la Owens -
aansioatioa of my ageism about "senile imbecility." Be
mid that he amid ant glee say cordSoate of moZt hobs.
allity." Oa the 3rd elf July I saw Dr. Rowley. B. sad
Dr. Emma were both agreed that them w se aasseadasee
af Wad. I saw Dr. Emu an big way to his ascend AO to
Swinfea ; and, is reply to a good= I pat to him, ho said,
" Mr. Swish* is set lacempaient physically, bat of feeble
Wad." I had hared from Dr. Rowley that the old pads-
maa wisb•d to am am Whoa Dr. Inas, when be caned
apes sr, mad from a little book Wired Mae for teethe; the
capacity of a 'Mad, I had never seen it before, so
I paid
_portloolse atteatkm to it. It wu arranged that
be and Dr. buoy should go to They went, and
I followed. As Dr. Emits left the honer I heard him say,
The inetreetions must be poe,prned " Subsequently, Dr.
Rnwley said he thntortit tint if I would weft the squire
would be glad to see MO. The d..ctor did see the squire

again, and then said be thought I bad better not tee him'
that day. to the following day I went to Swint's. The
squire me sitting in his chair. He looked well, and hie
completios as good es • girl of eighteen. He took my hand
and held it. He was much delighted, and asked alter my
wifeand children. Dr. Rowley was in the room. I said
" I suppose you know sir, what I have ore for r' or word;
to that MUM. He said, Yee • I with to glee Yr Taylor
201. a year." Dr. Rowley Uri put a melee of qualms to
the testator. He motioned several mama, amongst others
the Martina, making him if he would give them *emeriti'.
Mr. Swinton said, " No." Dr. Rowley then said, " Yon will
give as something r' He replied, " No." " What, not a
ring ?" Mr. Grata again said " No." I thought that
Mr. Walla seemed Irritated, and I waved my hand to Dr.
Rowley to go away. I proceeded to take Mr. Bwinfem's
lastrainiene. I Ind from my note made at the time that I
teak dows—" Kra. +inf. n—not the personalty —I don't
know." I prooseded no further that day. I Ink, feeling
that I mold not take the instructions that day. The nut
day, the 6th, I went to the hall. I saw the testator. He
ear me bow I wee, and shook hands with me. After I
bad eat dots, I ear him if he was reedy to go on with his
will. He said, "Yes." He mid be welted to give Mrs.
Taylor 201. a year. He said, She was very attentive to
me." I said you gave her yesterday 201. • year. He said
very well ; I think that is not too much. There wee a
good deal of conversation, which I don't remember, not re-
lax:lz to the will. Nor does the nota I have rented me of
it. • after this, Mr. Belisha odd, " WiU you do
me the favour to ring the ball?" He was exceedingly
polite. When he came In he took her by the
arm, end used an expression which I took • note of.
It was " len% 201. a year about the mark ?" Bhe didn't
appear to understand it, and then he told her to fetch some
strawberries, which were brought, sad Mr. Seinten ate some.
He referred to the death of his son. I think he mid " Un-
fortunate son," end then said, " I wish to put Mrs. Swinton
in his place; I wish to give heir Swinfen." I asked him
who be meat by Mrs. SwinfenP He said "My poor ere
widow." I add How ?" He replied, "To be her
and added, "I wish to give her everything hare; " IT=l:e
said' stook." I aged him if he wished to gre leer the
family pictures ; he replied, " The picture la the parlour."
I showed him his former will ; he put his hand cat the de-
nature and said " I know that." I asked him about the
executor. He replied, " Mrs. Swirls, I thiek," a common
expression with him. I suggeeted Mr. Charles Berk&
He replied, "not both." I waited a short trout& asked him
aria which be said—. I think Selnita." He pointed to what I
had been
i whin and add, " Reed what you have put down."
to I read him ea f I was reading • will ; move than I had put
down. After I had red the first bequest to Mrs. Taylor I
asked him if that was right. He said It was. Afterwards I
asked him how much he had given to Mrs. Taylor. He said,
" 20/. year" I then said, Do you leave Km Serfen
the estate?" He said, " pm, the Swinton estate." He
asked me what Hied put down P I said, "That Km. Henry
Swinton was to have the estate at his death." All the time
I wee doing this I had in myfmind the instructions Dr. Rues
amphorted out to me, and in pursuance of them got the ter
ta to repeat what I had writtes down. While& I wee
with Mr. Swish. on this day he se* " My brother is a sad
scamp at Lapley." When I was g erg away he said, " I
wish to give Mrs. Charles on 101." I ht
Mrs. ,
he sprat Charles Swinfen, me she was eta
in the hoar and I asked him. He said, " o
Mrs. Charles Simpson, your wife." I told him I
could sot put that in them, and told him that 1
most get • fair copy. He said he was sorry to giro me so
much trouble, bat he wanted to get rid of it. I rued bh
mind was Ina perfectly competent state to transact say Wei-
ner that I could explain to him. Before leaving I sad
him what was to be done with the personalty ? I said, If
you don't bequeath it, it will be divided between the next of
kin. Hurd' " Very well I then went home and pre-
pared the will. The next day (tie 7th) I returned to Swin-
het. I read the will over to Mr. Swinton. After I had
reed the dare about Mre. Taylor, I said, " What is that,
air I" He said, 201. a you to Mrs. Taylor." When I
read the bequest to Mrs. Swinton, I said, " What is that 1"
He replied, " Mrs. Swinfen—Swinfr, and the goods." I
Uses read over her appointment as executer, and he repeated
it. I banded to bun the will. He appeared to read it.
I Thad It prepared in large writing on parlor. There
was nobody in the room all this time. Whilst I was waiting
for Dr. Rowley I prepared • duplicate. Whilst I was so
engaged, Mr. thrtnlen "eked me what I was doing. I told
him that I was ppren • duplicate, se in the case of his
former will. Dr. Rowley arrived Kra. Taylor mine
in. Mr. gram told her he had remembered her. I asked
him if he agreed that Mr. Charles Serfs and Dr. Rowley
should be witnesses, and ha rested. I reed the will over
again to the testator la the promo of Dr. Rowley. The
doctor put questions to Mr. Sidman, which he simmered
satielactorlly. Then Mr. Charles Iftridien was seat for, and
tie wit attested in form. I sever communicated the or-
tear of the will to Mr. Charles &Atha. I never:Let an
camennicationa with Mrs. Patience Sider, the
rso the :mutants of the will. I have no doubt whatever r
to the capacity of the testator to make • will. After
the testator had executed his will I told him that he
ought to execute • power of attorney to Mrs Swtafen and
Mr. Charles Swinton ; and I went to the testator on that
day 'insight, to speak to him on that subject. This was oa
Saturday, the 16th. I stayed some time with the tristor ;
he was very silent, and 1 thought he was unwell. I after-
wards anertalsed he had had • very bed night. I con-
versed with him. His mind was perfectly deer.
This ma the plaintiff's owe.
Mr. Edwin James then proceeded to address the Jury on
behalf of the defendant. There might be fastener of
old and enfeebled bodies in which bright minds
might exist. But in this ors they had the beg
evidence that the mind was gradually decaying,
rad at last the unfortunate old gentleman's mind had
so eompletely goae that he did not know his own inti-
mate friends, and was unable to comprehend his own eon's
death. In the matter of making this will there was no Toil.
tioa of his own—no act of —lto remit of thought.
The will was no more Mr. Samuel Seriatim's than it Dr.
Bewley bad plued the pen in the hands of death ; Ii was
aortae mere In port of law than if the will had been the
lastnunsat of Dr. Rowley. He was quite confident that a
will mad* under such circumstance, as It was contrary to
the "Wit of the English Lie, would not receive the emir
lion of the jury.
Lady Chaos, the widow of the tat. Sir Jules Clifton,
deter of the Isis Mr. Samuel Swinfen, and aunt of the de-
Mahal, was thee called—Wee married to Sir Jules Clifton
in 1821, afterward' kept up a correspondence with her
brother, but did not see him for 20 years. I have heard all
Mr. Samuel Swinton', letters. There were expressions in
them of a ferocity character towards Mr. Francis Swinton,
end herds the defendant. Charles sod Freud' Swinton
were not on goad terms. After Mr. Henry Ihrinten's death
I wrote • loner to Mrs. Patience Swinton, condoling with
her on the death of her husband, and accepting an invita-
tion to Swinfen. (Letter put in and reed.) On the 21st of
July I received another letter from Mee. Swinfen. (This
letter was pat in end read ; It anatomic that Mr. Swinton
had had a rd attack of illness; that his ailments were very
great, and that "his intellect, which had been perfectly
clear was now in confusion.") I arrived at Swinfen on the
Stiltof July. I went into my brother's bedroom. Mrs,
Peirce Swinfen went with me. I did not speak, I maw that
my brother was dying. He knew seeking of what was going
on in the room. Mrs. Swinfen tried to make him know met
She said, " Hera Is your eider, Mary Lou." I saw him
again about noon the same day ; he was witting In a chair, he
ma `the same state. The none fed him with strawberries,
He was not conscious. Mrs. Swinton directed his attention
to me, but he was nommerious.
By Mr. Keeuiedy—l was never invited to Sterrett-hall
till after Mrs. Patience Swinfen came there. The invite-
lion was from Henry. I don't remember when I gave up
Mrs. Rowley's letter, addressed to me, to Mrs. Francis
Swinfen. I was at Swinfen when the will was read. I
did not sit up with my brother.
Cuter F. Swinfen was next examined I am
the ten of the late Mr. Francis Swinfen, and nephew of the
line Mr. Samuel Swinton. I visited my uncle at Swinfen in
1840 and In 1841, end wee recetved by him kindly. I roma-
bar meting the Rev. Mr. Copeland at dinner at Mr. Kea-
ley's at Menley.ball. This wee in 1849, when my regiment
was quartered In Birmingham. Mr. Copeland suggested that
I should call at Swinfen. I did not go, Mr. Copeland did
not tel me that it wee Um intention of the testator to leave
me the estate, and cut off hie own son. My reason he not
going to Syrian wee that I knew my cousin was not on
good terms with hit father, and I did not wish to interfere.
By Mr. Rennad—l was only at Swynfen.hell twice,
eadthat wee whim I was a child.

inneial3wilfra was nett celled—l am the mother
of Captain Swedes, the defeadeat. I was married la May,
1825. My husband died In August, 1839. Re wag entitled
to the Tapley estate. There is no mansion on the estate.
We Seal in a small cottage. My husband and tha late
Samuel Swinton were always cm good terms. I have heard
that Samuel Swinton sad Charles Swinton, the fositer's am-
' rotor, were on bad terms. My husband Ira hurled at Wat-
ford, two miles from Swinton. Mrs. Samar Swaths or-
dared me to purchase a ring for my daaghtw on her mar-
riage. I did so, and they sent me 101. foe it. Them was newt
the slighter animosity between Samosa (Weir and my
hatband. I produce • letter writhes by Mrs. Liebman to
me on the 20th June, 1864. Ratter put in sad
read. The purport of it be been gins in the opening
speech of Mr. Jame. Mr. Kennedy objected to the tecelpt
of the letter, and the ledge took • 'note of the objection.]
On the 7th of July, the day the will was made, I tailed
at Switifen Hall. I saw Mrs. Charles Britten and asked
for Mrs. Henry Sedates. Afters little time She cane in. She
received me rather stiffly, and said, "I supra you were very
much surprised to hear of the death°, Mr. Henry Stearn r
I said I was, hat I should not have been 'uprise& if to bad
been Mr. Britten, sec. She add " Yr. Bram is quite
will" I said I @tumid like to see him. Mrs. Taylor en-
tre* tiro roots, and Mrs. Henry Britten sent bar le say
that I was there and should be glad to sea him 8126 mos
returned with the message that he was tired and goes to bed.
I ear, "gone to bad—why Ito sot two &dock." I mom
after left lbs ball. I was provost when the will was med.
There were also Mr. sad Mrs. Charles Swinton, Lay
Clifton, my dhter; Captain W. Peel, Mrs. Henry
Suntan, Mr. Sts4well, sad the Dean of Waterier. After
Use wiU wee ark I said, " May I look at that wiU r Mrs.
Charism Braila said to Mrs. Henry, "I suppose them *III
he no objection ?" She said. " No." I took it no and looked
et the data. I said, " Why, leo dated the 7th, the day
I edled her." Mrs. Chair Swinton said, " Yes." Mr.
Swink. was tired and goes to bed. I was at Swinton Hall
three time between the death of my husband in 1839 and
1868. When I celled I as,., slept there. I have add that
tee wrest variance with Mr. and Mrs.Chsrles Bartle' ; bat
I vieirri them at Neetwood to forgive them. I also vizier
threat Leszningiou. When I called at &siren on the 7th
of Jul , I took a picture of my son with 10P, iotendirg to
show it to Mr. Samuel Swinton. I don't remember saying

after the will was read that " I thought he would have left
it to Mrs. Patience Swinfen for life." I will not swear that
I did not say to the plaintiff in 1856 that I did not blame her
for anything *ha had done,
The case was proceeding when our report was dispatched.

two gentlemen bad called and said that Mr. Rooks had
deceived them, sad the property was not his—which mused
me considerable anxiety. They said the stock must be sold.
" Thursday U.—Received your letter dated 21st inat.,which
conflicting the last statement, therefore sold MI except 1,0001.
stock, signed at Beauntaris, and thereby saved you 251.
stamp duty. Soon after this some stranger lame in and
demanded to know everything between me and you, which
information I refused to give.
" Under these singular circumstance. consulted my eon-
eitor ; showed him the transfer you had signed. It was his
opinion I should see you forthwith, for the transfer upon the
fain of It showed the previous intention that other names wens
to have been upon the deed, and that you would certainly get
yourself into trouble with them, if they chose to hake up the
matter. The case appeasing of great moment to you, and
your letter demanding a reply by return of poet, I went by
the mail express to get to your speedily as my letter tu
reply to yours would have reached you, taking a solicitor
with me for you to have prompt advice, in consequence of
behaviour of there strangers.
"Friday 23.—Got to Llanherris on the following morning,
sad found you had just left, without waiting reply by return
of post—it was impossible to be more prompt. The unneosumy
interference of these parties has caused me much pain, in-
convenience, and great loss. Yon told =they were not un-
willing to your having Brighton stock. Wrote you at Lien-
herris, to 301, Regent-street, to be forwarded to you.
' Saturda 24th—Arrived home late at night."
Examination resumed—He afterwards produced a transfer
which he gave to me, and I gave him s receipt for it. The
transfer was for 1,0001. Brighton Stock. I asked for an ex-
planation of what bad become of the remainder of the my,
and he then showed me the memorandum produced [Fut in
as follow .—" Dr. O.C. Rooks, Beq., in account with F. W.
Stevens, Cr., 11168--July 23, to expenses of two to Llanharrig
and back, 131. 10..; July 91, 4,360/. • Brighton, 1091.,
4,7411. 10a. ' • amount saved in stamps, 261:-4,7661. 104.; ba-
lance, 4,7631.] He gate this to me with the
transfer. He then showed me some memorandum in his
dieu7 to the same efface, hut he gave me no further account.
I asked him when or how I could have the money that was
due to me on that amount. He said I could not have it till
next settling day, the 31st. I told him that was not satis-
factory tome, and I did not think It would be to the trustees,
and he repeated I could not have it till the 31st, foot if he
could get it before he would. He said that was all that
could be done in the bminem, and that I must din en order
for him to pey the money into Messrs. Childe end Co.
Finding I could not get from him any portion of
the money, I signed the order now put in by prisms?.
solicitor. (The order was to pay the balance of
4,7631. to Mesas. Childs on or before the 31M.)
When he showed me the account of the purchase of the
1,0001. Brighton theme be did not show me the account of
any previous mrchase, and there Is no charge in that account
for the co ion on any vomitus. He asked me to sign
another document exonerating him from all blame in the mat-
ter but I declined to do so. I should know the paper again
lif saw it, bat he tore it up upon my refusal. I saw the
whole thing was very unsatisfactory. I went downstairs.
He followed me, and was asked by one of the solicitors if he
would give any further information. He said he would not
open his lips to the solicitor on the subject, and endeavoured
to walk oat of the office, but there was an officer outside,
and I gave him in charge. On his way to the polio. station
he endeavoered to pew a racket into hie Kea hands, but
the oSloer intercepted it, and kept possess on of it. That
packet was opened afterwards in my presence; it contained
three Bank of llogia•41110614 for 1,0001. each, one for 6001.,
and one for 2001.

Tliel..irdii•-yor—You Oland to n document which ion
refiwedto slot. Look at this.
Witnem—That is it.

The Lord Mayor—How did it come is that Mate 1'
Witness—He tore it up, but it has Mace bear joined by the
officer.

The document referred to was prat in and read, as follows :
" London, July 26. 1868.
" F. W. Btevens—Sir,—As I wish to €1001,14111 you from
all blame in my transactions with you, I beg to say that my
first instmotiona to you were to piece the Brighton stock In
the names of Messrs. Parsons, Jams, Books, and myself, and
that my second and last instruction wets to place the stook
in my own name ouly.-1 sm, &c.,
Ths Lord Mayor Weil, that is nay the fact, is it not P
Witness—Yes, but still I thought It better not to sign it.
The Lord Mayor—You did quite right.
After owe or two unimportant questions from Mr. Hum-
phreys in cram-examination,
Mr. Booth applied for a remand, and the prisoner was
remanded aciaordingly, bail being refused.