The Express.
London, England, 1859-06-23 00:00:00

COURT OF EXCHEQUER.—Jost 22.

Sittings at Nisi Prins at Westollaster.—(Bufore the Lord
Chief &woo, and a Common Jury.)
@NISEI r. AtMuNDS AND OTRIBRA.-ALLEGED FORGERS.

This action we. brought by Gads' Smith, a gardener, at
!Huey, in Oxfordshire, against the defendants, George and
Cbarles Symooda, the brothers and executors of the late
Joseph S,monde, formerly • farmer in the same county, to
recover damages kr the non-folliknent cf an agreement
alleged to have beta executed by the testaPr, whereby he
agreed to grant to the plaintiff • lame for 60 yeses of twe
' closes of lend, at Blowy, at an annual rent of 11. each, on
condition of the plaintiff building • house upon them.
The defendant* by their pleu denied that tha teststoe never
executed the klreemtat, and consequentlyreseed • question
' u to the goenutnenesa of the signature.
Mr. Serjeant Shoe and Mr. Sawyer appeared for the plain-
tiff; and Mr. Oedema Pigott sad Mr. Powell conducted the
case for the defence.

The account given on the part of the plaintiff of the way in '
which the disputed document was executed was very circum-
stential, and was proved by the teatimanv of the plaintiff him-
self, his wife, and a young man named Wee. Buckingham, a
private la the Oxfordshire Militia. On May 7, 1852, Bucking-
ham woe engaged in cutting up a calf at the platted!' a halm,
when Joseph Symonds entered, looked at the opiwan
for a short time, end then ordered a joint of it. He next
walked into the adjoining room where the plaintiff and hie
wife were tied taking out two documents, said be had
brought the agreements fur the land, end would execute
them if a person were obtained to witness hie signature.
Buckingham was then called in, sad Mr. Symonds signed
both the document., Bnckingham who was unable to write,
attaching his meek to each as witness. Mr. Symonds then
put one in his pocket, end gave the other—the one upon which
tt e present action was aought—to the plaintiff, and then
went away. In Augu follows= the plaintiff was in want
of money, and he applied to Mr. Palmer, a surveyor. at '
Kentish-town, to lend him 104., allying to deposit with hint
Mr. Symonds agreement to grant a kw of the piece. of
land. Mr. Pointer went down to Oxfordshire, end in com-
pany with the plaintiff saw Mr. Symonds sad &eked him if
be intended to awry out the agreement which was produced,
and Mr. Symonds looked at it, said it wee executed by him,
and that he intended to carry it into effect. Mr. Palmer
thereupon lent the 101. (which was subsequently repaid by
the plaintiff), the agreement being deposited with him ea
security. Mr. Sj moods died in Dec.' 1842, end the execu-
tors refoaing to carry out the agreement, the plaintiff brought
his action for damages. These were the Willi facts of the
case es presented to the jury on beludf of the plaintiff.
Mr. Gabriel Smith, the plaintiff, on crose-sx
saki he bed madman affidavit is the nutter de person
Tau, with regard to a bill of exchange which 11•1 alleged
to be forged. There was • dispute about the signature of •
man who died nine yaws ego. Witness was plaintiff in a
suit to establish the will of a person named Fricke; who
died twenty year. ago. Something was said about a forgery.
He claimed under that will is right of hi. wife. Seeded
persona, among whom ke wee one, fend the will I. the
chest of his wife's mother Mkt her dash. She died on the
20th of April, 1864, end the will of Kr.Prickett, her husband,
was found on the 4th of May following.
lie-examined—Undo, the will which was found my
mother-in-law took the property of her husband for
life, and during her life no (*Sipa= was raised with
regard to it. The will darovered after her death has
sot yet been proved, but is atilt in litigation. Seven or
eight persona were present when it wee found, including
lb. Palmer. I gave up positeseion of the closes of land In
the defendants under a judge's order.
William Buckinghsw, the militia-mina, corroborated the
plaintiff's evidence an to the signing of IM egratement, and
said he had been told that the plaintiff wee his half-onole,
though he did not know the fact himself.
Mr. Palmer, on acee.examinatioe, said—The claim =pen
the bill in Toga's *Hair alleged to be forged hoe been
dropped. I did not pat it forward as • claim against Taal
estate. A man who held the bill put It forward. I was es.
tenter do Mr. Edwards, and the amount of the bill wee
being claimed for hie estate. I have dropped the dohs be-
cause there are no funds to carry on the suit. It is maid the
bill is forged. I salted Gabriel Smith to make en aide*
in the matter in relation to some transactions he bad bad
with Tegg, who was a farmer not far from Massy. Is
made the affidavit. I war executor of Mr. Priekett =NW
the will which hes been proved. I wee priment when so-
other will was found after lira Prickett's death. Those who
oppose it say it is forged. The late Joseph Symonds was a
=an about my own height (middle height), with email
wldekere and • endow complexion. I should say he
was net a man of florid complexion. 1 did not know him
before the transaction in cuestas, but I had seen him. I
wee In the habit of visiting Gabriel Smith twice or thrice •
pier at Bigamy, and sometimes oftener. I was not called es
e wittier in the
in the ,L

• s prommierings county court.
Nis. Smith corroborstcsl her husband and Buckingham.
Two Irksome wares then called to prove the signature of
the testator, end professional seedier,' was gins to slaw
that the value of the lease which the testator had went is
grant to the plaintiff was about 111/.
This closed the au for the plaintiff.
Serjeant Pigott then addressed the fury on the put of
the dsfendants, who, Its said, afser making every investl.
gatkn, and knowing all the habits and business transactions
of their decessed brother, win thoroughly convinced that he
saver signed the alleged agtvemems. Ths question now mind
was forgery or no forgery, and he believed that the jury, as
looking at all the surrounding circumstances of the egos, I
would come to the courtesies that the signature was urn
written by the testator. In the course of his remarks bs
stated that the plaintiff had never mentioned a word about'
the agreement until the defendants threatened to turn him
out of the tend, In consignees of his not paying his
arrears of rent, and ha commented on the fact that neither
Buckingham nor Palmer was called as a witness when the
defendants took proceedings against the plattitiff in the
county court for the purpose of getting possession of the
land. The defendant, Weed two plaints in the county
court •, nixie the first they were nonsuised ; and upon the
second the judge gave judgment in their favour, and against
the present plaintiff.
The Chief Baron asks d if the question before the county
court wu the same as that raised by the present Woo t
Mr. Sesjeant Pigott replied in the affirmative.
The Chief Baron—Then the fact of the eau having been
determined by the county court would be ea eittitablis
defence.

Mr. Serjeant Shee—But they bare not pleaded it.
Mr. Serjaant Pigott mid he would apply to add aasw plea
to the record upon the point.
The Chief Baron said be would consult his learned
brotcere on the subject at the conducive of the learsed
counsel's address, when he would adjourn the cam until next
morning.
. . .

The trill was accordingly adjourned, and this moraiag, at
the sitting of the court,
Berjesat Pigott asked the butted judge to allow the
dehadards to plead the judgment of the County Court se a
bar to the smite, inasmuch as the saute matter was litigated
&atoms the same parties inaooart of concurrent jurisdiction,
sad lodgment prosiounotd upon it.
Tb. Chid Baron—Dues the other side object to the appll-

3it.firerjearit nee said ha felt bound to do so, se the appli-
cation was • very unreawnable one, the defendants having
had amp's time to consider what pleas they should plead.
The Chief Baron—ll the application is not abandoned I
should certainly fed bound to admit the plea is order to give
full effvet to the decision of the oth, r court. It would be dis-
creditable to the administration of junks if the risme questina
between the seine parties were decoled one way on one 000a-
-6100 and another way on anodic r occasion. I think It my
duty to prevent that se far as ben by allowing the defend-
aut. to insert the plea, but I shell be compelled
to adjourn the case to arable the plaintiff to consider
what course he will pursue, but the defendants mutt pay the
onto arising out of the adjournment.
Jdr. Borje art Pigott said the drfendants would rather go
on than be involved in the oats of the day.
Mr. Perjeant Mee said If the p'ea had beet placed oa the
record be ehould certainly have demurred to It,
." "

The following witheatt were then called fur the defence
Mr. George Symonds-1 am a livery.emble keeper in the
city of Oxford and one of the defendants in this action.
During my deceased brother. last illness I received in.truc-
lions Incur him in matters of businem, and al.o with regard
to Gabriel Smith. (The learind judge held that these in-
structions could not be received in evidence.) A fortnight
after the death of my brother I sow the plialatiff in the %,i-
-lac. of Blosey, at hie cottage-door. I sent a message to him
to come down to my late brother's house. He did come
down. I rent fir hits in consequence of icetructiin. I
had received from my brother. I s.id, "Smith, it appears
you owe 71. odd foe rent • ere yes in a portion to pay it?
If not, I shall give yea notice to quit the land you occupy."
I said it was soy brothse's with that I should do so. He
began to cry, and said be would pay the rent by instalments,
and meet me at Hewkimis office, and hoped I
would not tiara him oat. Mee. Symonds, the testator's
widow, is now In Australia. She was present en that
OCC•Ol011. She said, " I hops you wth keep your word; you
disappointed my dear husband • great matey times."
He 'hansom! to • meeting at Hawkine's Heather.
that occasion said anything about an agreement with my late
brother. Three was a meeting et Hawkins's, and after some
deductions hod been mode, it was agreed be 'Loath pay a
certain balance. I was not present when the mosey was
paid. (A receipt for 31. 13s. 44. was bent put in evidence.
It was dated October 10, 1854, mad signed Jessie Symonds.)
/ly brother diei on the 15th of December, 1832. In May,
1835, I attended before the magietrate upon a munnsces to
recover purcreion of three pieces of land, els., the Velma-
tra•ecne, Betty's Orchard, end another pines behind Fleet.
wood's Cottage. I attended twice before the magistrate
with the enamour. I was accompanied by Mr. Hertford, the
attorney. On the second occasion, the agreement of the 7th
of May, 1851, was shown to me. I had taken pandemics se
'mute* of my lrother's papers, but 1 did not and among
them any coonterthil of this agreement, or any written
paper with regard to it. On the Ard of March, 1831, sad
bake, the hearing before tha magistrate, a notice to quit was
liven to the plaintiff. I found an agreement fee letting
Ditty's Orchard to the plaintiff maces nry brother's papers.
It bee been priduced in this ease by the plaintiff. It is
mines by /Ir. Sylvester, Mr. liswkine's men of huaieso.
Sly deceased Mother always talked to me en matters of Masi.
nese. He was very particular indeed in hi. own business.
In consequence of the production of the agreement, the pro.
ceding. bete: o the magi.trate ware abandoned, but • plaint
was entered is the county court against the ',resent plaintiff
In October,' 1853. We were nonsnited. A fresh plaint was
afterwards satered, and then the judgment was for us. The
agreement ia question vr.s here hamlet to the witsees.] I
know my brother's a venue trip well. I do not
believe this is h e handwriting, but it is a
good imitation. It is bettor welling them kit.