The Express.
London, England, 1858-07-26 00:00:00

TEE EXPRESS, MONDAY EVENING, JULY 26, 1861..

the purpose of Dela& as as
hoped, owed of that
malady. Re tiles saw a pesos who represented=
to be Dr. Walters, who pat some questions to him
respecting_ his malady, and that told him that he would
Provide with an &mentos that would cure him for
M. lie objected to pay so large • sum, sad the
dottier thus said he would Lt him hem it for 21. 10s., and he
meld rely epee his honour for the other V. 10s. The
plaintiff emended to this arrangement, end paid 21.10.. sad
gent his addrms, and the doctor undertook to seed the imps-
rates, packed up, to the cloak room of the Radom Centime
Railway fa the course of the day, Is order that the_ plaintiff
might take It home with him to the emning. Upon his
applying at the cloak ram It append that nothing of the
sort had bees seat, sad the plaintiff wrote to the doctor in-
forming him of the foci, but he heard nothing more upon the
subject until some days afterwards, when • small box
arrived at his risidasee, which be found to curtain
some medicine and • lotion, and thee. things Wag of
no use to him, he east the box bac* to the doctor's Addams.
unable sitar this to get the apparatus or to obtain say
the prima action wee brought to
recover becala=rphe had paid to the defendant.
The dedoce that we sot up wee rather an extraordinary
one. Two parsons, mood Ansa sled Edward*, who reprim-
anded theme /me to 'be the amietanis of Dr. Waders at the
time of the tranmotios, were cadet and they swore that
the plaintiff did not me Dr. Waders at all, but that
Allen wee the perm with whom the arrangement
was made, and that this arrangement was that the
plaintiff was to y 21. 10s. on account, and ha was to
mad the sariader. Thay also stated positively that the
plaintiff bid Ibsen to and the apparatus Who cloak room of
the MtL Western Railway at the Waterloo statics, and
that the address was reed ova to him, sad be mid it was
right. The witness Edwards aim min paddy* that in
amortises* with the isdrsetime be bah two how exatain-
Mg the cm to the cloak man of the South Western
Ralusy, to the *Wit aml left than there.
Some "maim we to dame Miasmas by Mr. Taylor,
with • view le how thecae has came to be sent to
the plaintiff's name" by the Reek= Demi*, Railway
but they wore enable to give say bow it had
Iroed.
plaintiff was re-called, and he 'bid in the most posi-
tive reamer that he did not modes the South Westin
Railway, het /Madly said that the apparatus was to be
seat to the Labors Caudle Railway, which was the cely
en. Used la Isle Ream Re she said that he did set no-
member weer lade, Ism the whams Allem Were.
Berm Desammil4 wassaleg up, mid, the blare.
IMO whether the jury bellemd Me Sid, ,erg the •
wlftssein het be mai set bap sten that k estidnly
set old Meg Ow as As.. firmer to his sedated the adds
is immtina le be mot to the MIL Wailes Railway, which
be mad leave knew& bed ao ommumenicetion with his own
meaty.
'lttury alined isemedistely returned a verdict for the

OXFORD CIRCUIT.-Burron, JULY 24.
Nut Paws Covrt.—(Before M. Justice Bytes.)
SWINT= I. 5 WINPILY.

This are wee rammed this rooming.
The ear witness celled to-day was Mr. R. Young, a soli-
citor, pectising in London, and formerly in the office of
Mr. Morphitt, the testator's solicitor. He produced four
Yams, dated respectively February, March, and June,
11149, and one in March, 1862--all of which, tempt the
lest, were in the handwriting of the testator. The body
of this last wee In the handwritiag of Mr. Henry fivrth-
he, but was aligned by the Weer. Barb beta. requested
AM a seer& might be suede At dowarisats. The purpose of
rattler ht these sad other Was wee to show the hand-
wider of the laraeir, are the sharp it bed undergone by
the marks ef ter. mat tram whisk be sderwards andered-
The Rev. Mr. Copiedre-mariatil by Mr. Kennedy—
Dared thee be Wawe sold rQqtaia Swishes that which
W sealer had swami wWr was to the effect that the we-
ars bad MY ila Oa miler) that it was the testetor's
ren, le Are the mbar to him and out of his KO.

By Mr. R. lemee—Owe mot Ogles sables at •• deer
peep at Mr. s, bet led se sonvereelime with Mee of
• ibmeeller by Cheek Swite.
Mr. Ober ere esemied--I eta the aided =Mew
brother after lueleller, Same tealle. I used oomelemelly
to call cm my belie I tumid es tonere of his vibe
1848. He wash Weft jsei beak but not utusZi
Owe celled egie him in Mel. Did sel see him eget
tem. I tuned with my elk He noshed as
kauiner= hew me immeilesig, Ja 1811 he teat me the
be bed tendthed the library oat bedroom tor hie dossider-
le-lew. At the dumb of the tedoest's sem he 1884 I nelleed
se helmets to Seale ou the Re air Jame. I wee with
my eh, me mewed at 8 o'olook at night. I did asi es the
tostalar wt Wed, bat ma hie see day, width we es
IWO liftweek My bream was di fts eller.
He awned is low spirits led pea et Masa heed le Asks
weih e. I orie kin et the wlime he had me-
bleed inthe asek et . Meld, " Poselleary." Allier-
weds I Segue* meet mpliwelbsesherommiessolde
my wile wet much Meer ; he mem& pima with my
vise Wkeeseer I ADM Is Medategiderde-law, he mid
she wee wry Mud sod adhelive b Isle Rs mid he in-
tended that she eked & bees the estate. I mid him whether
Mrs. Taylor was • good nem; he mid she we • vod
women. I observed Oat Mrs. Taylor bested reepseWi
le him. I hew seen my wits in the bedroom with my bre-
thee with • book in her haa os if she had been reading to
him. I remember my wife emWag my brother when he
wee in his bedroom. (Sketch produced.) It is • very good
Misuses. My brother had • wonderful completion for his
see; a great deal of hair. I spoke to him about the pictures
In Ls bedroom. I cold, " Those *tures were not always in
this room, Sem." He mid, " No; they ware formerly in
the library." They were in the library. One we a likeness
Nay father. I pointed to one picture ; I said, " It
is the, Sam r He replied, "It is Scarborough." It
I reissaaber Mr. Simpson being seat for
on Smeary,* of ; the we two days after the funeral
of the lieleer's we. I eat for Mr. Simpson to
know whet vas best le be acme. I conversed
with Mr. Simper, bat never meutioned to him
seything about my brother's mental 510eldes being impaired.
I spoke with Mr. Simpeoe. Mr. Pekoes Swintea, the
*leek did not Widen. I merely knew Mr. Simpson es
my Itee. a solicitor. On the afternooa of the 6th of Ju
I mew my keen ; about two house before that time I hod
we Mr. empsem. I believe he mid to me that he was
eserieg soh io-morrow. When Imy my brother at Saes
detach he mid, "I ban had Mr. Simpson with nee." I
said, "Rave re given him your iestructions r H. replied
that be W. I said, "He is coming ytua to-marrow.'
Ho said, "Tee." The next day Mr. Simpeon and Dr.
Rowley ems. I was requested by Dr. Rowley to attest the
will. I comsented, bat said I would rather not, lest it should
create diossesies in the family. I had no doubt of my
hooka's cepacity to make that will. When Imy " that
will," I mew bemuse he had previously spoken to me of his
Wiwi= to loon the estate to Mrs. Switifut. When I went
late the room my knew was sitting in the chair ' • he was
muck better then be was when I first went to Swam-
is/811.611e put out Me left haat se usual end shook hands
with me. Dr. Rowley took up the will: end mid.
"Is this your will, sir r' Hs • Tee."
signed it. Mr. Simpson glinted tbeltie to en my
brother ease. He first took up a quill pee, and. could not
write with it. Mr. Simpson they guys him quill pee, and
my helm wrote with difficulty, but ultimately be did affix
hes epee& Hs had previously said "I met write."
My brother signed the will in my pewees; lad Dr. Rowley,
Mr. Simpson, and myself attested h his prisms. Mr.
Sense them rend a duplicate at fie will. [Copy of the
will produced.
Mr. Joshes yin, etameleg the will, said to the s tees,
Theme is ea eppeentwe of two " Swintens " here ; what h
the t

itnews, after examining the will, said—lt was made
when my brother attempted to sign. I sew him do that.
By Kr. Remedy—Whew the duplicate was produced I
deal think that ay brother made any attempt to sign it.
Mr. Blispent said, 'Shall I sign it for you r lie
" Yes." Ilte duplicate was attested by myself, Dr. Rosaw-
end Mr. filaspeon, fa the same way the will had Men.
ten we talked of going away from derinfen my brother
slid, "Don't p f" This was said a day or two beim vs
went. These wee eat wAcirt accommodation la the here
der nen then senelvet, and Lady Clifton wasted M sere.
That we the Mini we mot away. We left co the 20th of
July. Mrs. derides pat into my hands, soon Art my
snivel, the banker's books. She also pave m, some monies
rereired for rents to count over. Mts. ewinteo, the plaintiff,
took no part whatever to getting up 0 • lin .
By Mr. K. James—l woo my fade es ex 'tutor, and I and
my brother were not on friendly busts. I had not stopped
at the hall prior to the time at wll,l I we been epeakiag
slam my lather's death. Drs. Sothis, the plaintiff, invited
us. I herd fourteen miles from my brother, but had not
seen hiss between Christmas, 1806, and my visit in June,
1854. At that time I sow my brother every day. I don't
recollect being told by Mrs. Patience Bwinfen (ptainUff) that
Mr. amp= bad been tent for on the 21st ot June, before
the flied et the testator's son. hen:ember Dr. Evans, of
Dimbrth ißelthing sent kw to me my brother, at th• re-
=ar. wiry. I think that I might have mid
awhile' that It would be advisable for Dr. Beane S.
me my %thaw in reference to his health, and hie capacity
ler slaking a will. I wee at the hall on the 2nd of Ja&,
whim Mr. lease came. I saw hist. He matte again on
441‘ Dr. Zvansmid to me that be thought Mr. Swink. wee
ast endlehntly clear to make a will. I don't remember
Mi. Wittig re on the 6th that he had endeavoured
pe ho • will, and bed Med es do to. I
did not know when I attested the ell en tie 7th that Mr.
flitopeon had failed to pt lastrebtidas Di it tai the 31h.
Whoa Mr. the throe on the Dit I Wok be wee with
my brother Mont half-an-boor. When I west into the
vans Dr. Beth* end Mr. were them The dot
tides I Mud ail wee by Dr. , who said, dies
per with eh I" Be NOM, "T 0.." I had not h
will reed per, wed that wend I beard Woes I attires/ it.
I de net reseinther Dr. Arterie @twin, "De kind aw 24.6 sign lbei=that te ' I -'a theelistag et the old
try w 7 • pub, or en hoer. I debt reo
unable Mrs. Tayler thee the oots with stoewhenies
thr toy brother whist ter of the will was going on.
I believe that Mr. task will awn. Is law we-
threseits I bol belValer., lbspon en the Mk of Juse
es le tow vim Or le wee said
by Mr. ihspea abaft =u:allunt Md not
ssardwed Wag vs. MUM ; ft.* was be
• themiedan Mest hire who add
net lib arm tr pt Mesh the 12th
st lu/7 MAW en wthr bets ww bovine se his bankers.
I lee I the... I Ikik be OA Est bow -*kat Wanes he

had there. I add to him that be was getting no interest, it r
bad better go Into the howls; my brother said " Yea." There
was atont 7,9001. bring at the National Provincial Beak at
Lichfield, and in Palmer's end Green's bank. Then were
sham In the Loudon and Birmingham Railway; they were
sold end the money withdrawn from the beak, and the
whole invested in the name of Mrs. Patience geisha The
rent (about 6001., lying at Elebtfes) was not Invested. At
the deo my brother sanatted to the moneys being invested,
I did not think It worth while to test his powers of speech
fortify than by_" Yes," that being hie reply. It was shout
the 27th or Uth Jrue that I fret began to test m 7
brother's reamary, by referring him to the pictures in hts
bedroom I new menticeed to anyone but Mis. Strides
the este a/ the shares end transfer of the property, until
Megan. Neer Essaticeed it to me in March, 1816. I told
Mware. Freer that Mrs. Seinfen did not claim it. I knew
that ray brother bad died without • will as to his personalty.
I hew that Lady Clifton, Mrs. Edmund Peel, and myself,
were entitled to a share of it, but I had not mentioned the
Sot to them. I did eats:feta a doubt as to my brother's
knowkige of whet be wet doing in signing the paper.
oa the 12th of July. I doubted whether he wished
Mrs. Saliba to have the personalty. I had seen my brother
eve day between the 7th and the 12th. My brother was
much the same on the 12th as he was on the 7th.
By Mr. Heudl suggested that the moneys be invested
in the name of PBwinfsa, though I doubted whether
my brother intended berlobßticipate beneficially. I had no
convereatioes on the with Mrs. Patience Swint=
until after I had obtains/ testator's assent and invested
the money. las sure that my brother understood that I
was going to invest the in Coned.. In April, 1866, I
wrote a certain latter to Mr. Blmpsoa, relative to this matter.
I had mentioned it to Mrs. Swinton on the Sal of Marsh.
She said, " If you think there is a doubt on the subject I will
not claim the sway." The conuannicetkets with the plain-
tiff in July, 1864 end in March, 1866, were the only commu-
nications I bad with Mrs. &Hahn an this subject. The
money has ben given up, and but for the d4odant the
moon would have-twin divided. There were three separate
orders frenzy brother to invest the money. The rants received
In July by the plaintiff have been amounted for. I have no
doubt that the will produced is the one wonted by the tee-
tatot. Dr. Erna was not with my brother the first time he
tame more than a quarter of an hour. On the 4th al July I
saw Dr. Evans for three or four minutes at the library-door;
he laid that the will bed better be postponed.
By the Jadge—Whin I got the railway shares from Mrs.
&Hahn I said that they had better be invested with the
other maw ie the funds.

Mr. Y. lisabriy, a solicitor at Lichfield, produced s deed
**which his father sod Mr. Samuel Swinfen wereperties, wit-
ness's tether being the surviving neatest in respect of a deed
as between Mr. end Mn. Samuel Swinton, the testator.
Whams went with this deed to the Mentor in 1852 ; he
seemed sompletely to understand the deed but ultimately
took time toe:scam Itheoeshs signed it. Witness often saw
Mr. Samuel Swinton between 1851 and 1863; convened with
him frequently. His conversation was pperwfectlyJ rational.
As time went on, he became leas falkatire. lb. Swinton
seemed to appreciate the kindness of his daughter-ia-law
very much. The lea time witness cornered with the testa-
tor wee In August, 1863. His conversation at that time wee
perfectly Miami.
William Waits, a wheelwright at Lichfield, we imamate
with the late Mr. Samuel Swinfen, the testator. Had deal-
ings with him for fourteen years; remembered Mr. Henry
Swinfen, the testator's sem, coming to the hall. The last
time witness saw Mr. Swinton wee two or three years beton
his death. Had often thought there was not a deeper man
on earth. He had frequently spoken to witness of his
father's second family, and how bed he had behaved to the
whichhad
estate by neglectin
very much the bnildin s and falling the timber,
• him.

William PeOnd, an apprentice to Barnes, a hairdresser, of
Lichfield, oreationally went to fiwinhin in 1863, and Babes-
quently to shave the testator. He was ps,kr about
punctuality. if witness did not keep his time he would may,
Young man, you are late." Witness shaved him two days
before hie death. At that time be was in bed, but on all
previous occasions he had his. ,tg up. Never heard Mr.
Swinton make any irratiosal or Wish remark'. Witness
Wed to the testator the day after his son's death. He ap-
Me! Tr= putt:bib boat, and :dud, kflyaiboailamt
!Wien, and as kla snivel at the hall often found his say
XL Sway Swills, in the testator's room. His son pad
post alkstlas la his laths. Towards the hat the testator
ass ad Oats, bat net M. Until the last visit but one Mr.
Sarkis always kid witassa to go an some ale.
By Yr. I. lass'—Mn. Taylor w always with Mr.
atildin at the Mot Thaler wee there.

ChTerhe Welshman, cc. of Lichfield, went to
Berinia to perform an on an . Barna& Swinfen on
the 111 k of July, 1864. Foperatiorted Mr. Swhihin in a retioaal
amanert and he pointed out the mat of the pain Witness
asked him after performing the opened= If he felt relieved.
He replied that ha did not, and whams did not think he wee
relieved.

---IfyFir. E. Jamas—Mr. &Irian raid "bowel," In a/Won
to the pain. Ha was very ill, and did not attar mon than
four or An words.

John Rock—Went to live at Swint= as gamekeeper in
1862. In 1863 assisted Mr. Bwinfen up-stairs. This wee at
the close of the year. Mr. Henry Smitten, Mrs. fir=
and Efts. Taylor were with him at the time. He was
tip-,porn fa • their. Thirs were no indicative et his having
been hurt or frightened.
Dr. Themes Rowley was next called, and examined by
Mr. Etanedy—l reside at Freeford, near Lichfield. I have
bean 26 years in practice as a physicists. Am • magietrate
of the °equity, and of the city of Lichfield. Before I me-
thod as a physician, I was in practice 20 yam as a surseon.
First became intimate with the testator in 1829, and was
soon afterward. his physician. When Mr. Bwinfen went to
live at the ball he began to farm. For a time he practised
post economy, and lived secluded. His attainments were
considerable. He was well acquainted with French and
Swath literature. I knew no man batter acquainted with
lamas nature. His joke, were good and in plat*, and very
szeming. In temper he was hasty and taciturn. He wan
subject to certain physical ailments. He was very rheu-
matic, and was seldom free from it. In course of years this
led to greet weakness in the limbs. He had a nervous
affection in the arm which increased with his years. The
mature of this was muscular debility. He always wrote
tremulously, but at the latter part of his life It was • trial to
him to write. I never saw Mr. &whiten's mind In • state of
aberration from first to /sat, until within the but two days of
his lift. I remember We wife dying in 1848. He wrote for
his ma Henry to coma to Swinton. About two days after
his mother's death Hoary arrived with his wife. Before
they mos the testator was very anxious for his arrival. In
,18t7 I was going to Wersoatia ; Mr. Swinton requested me
to cell ea his ma who wee staying there. When the son and
his wills snivel at Swinton, h 1 1848, the testator wes very
mace Osumi ; they stayed eight or nine months. During
that time I was Aim at Swinton, and I observed that the tes-
tate"?' kale improved. I attributed this to the increased
cocathet be received. After his wife's death he grieved very
moth, samisaid to witness that he did not know what he
should do; but when his sou and daughter arrived be lemma
more coneformble. Between 1848 and 1861 the testator
walked about hie grounds a good deal ; his mind wee very
active. The estate consisted of three farms. with the excep-
tion of that which the testator farmed himself. A Mrs.
Elisabeth Marten nursed his wife and alter her death bean=
housekeeper to Mr. Swinton. Mrs. Marten employed her
husband and ion in the garden. The testator never com-
plained to me of depredations by Mrs. Marten'. family ; but
he knew what was going on; he had suspicions ; he said,
" I ea going to the doffs ;" he said " the tamers
are always coming for • reduction of rents—l can-
not satisfy these man." This was between the
autumn of 1848 and 1861. The testator said that
he was Wog robbed every day, and in consequence
of this witness wrote for the sot, it,. Hoary Swinton to re-
turn ; he did so, and the testator received him kindly. He
at one undertook the management of the farm ; the Marten
family were &maimed ; and one or two of the tenants had
notice to quit. After Mrs. Swinfem's arrival in 1661, the
tethator's health again improved, and he dressed less slovenly
thee he had beta acoustomed to do. In 1863, the testator,
who wee weak in the limbs had a fall ; witness saw him
twice a week until within two days of his death. There was
heithaem at memory but never feebleness of mind. Never
hosed him make a foOlish remark on any matter of business
la my Nth; certainly he was never treated as a child by his
sea anddaughter. After Mrs. Marten's dismissal a Mrs.
Taylor came to attend upon the Meister. She was very Had
to him • Mr. Steinke would not waft any man to behave
direspidtel to her. Three days after the death of his son,
the Isetstor spoke to me about Deakin his will; at that time
be wee clear In his mind. He said frequently that he wished
to provide for Mrs. Swinton. On one occasion I
asked him what he meant to give her; his
answer was—" I shall give her Swint= ;" I said
for her life, I suppose, air? He replied, " I shell give her
!derision." There was nobody preempt at this conversation.
About the 28th of June Mr. Simpson mid to me that he had
a latter from London be wished me to see ; that • sealed milit-
ate was required of Mr. Steinke' imbecility in order to ob-
lath • 11011111111111011 of lunacy ;_ I said that I could not oestl to
Mr. Bwiaisn's imbecility. Mr. Sthipsen's aratement sato-
piasa me. Mr. Simpewe said that smoker neediest affithdent
most bar .filed in ; I said ft was as* netemag. Oa the 29th
of Jane the testator said to me that he wished Mr. Simpson
to asks his will ; I mentioned It to Mr. Napa' ; I mug-
emoted that Dr. Enos shoal/ be amt kr. Mr. Chula
Swinton assented to the suggestios, sad ea my levitation Dr.
Evans was seat for ; I think this warn dale by telegraph. I
am certain that I did not communicate the object for
which he was to come. Dr. Evans had at-
tended Henry Solaria during his last Moms
88 hours before his death. Dr. Evans arrived on
Sunday, the 2nd of July • I met him at the railway station;
I took him direct to &Kam ; we went straight up to the
testator's room ; the nurse only was present ; this was about 4
in the afternoon • Mr. Striates was in bed. Dr. Evans said,
" I lendetstane you wish to make your win, air." I
With that Mr. Belden did not reply, and the question was
Misiwith the same result. to I field " YOU wish pro-
irMrs. Swinton, sir." The tallith did not reply; Dr.
Evans said, " You must not put the question like that ;" I
then went to the window. Dr. Evans remained at the bed a
mists, and this came to me and said, e I can make
of the old gentleman to-day ; he must be sem againalitisr
Dot im [mama* case." We then left the room and want
away. I think that we were In the room five minutes. I
communicated to Mr. Simpson the next morning that Dr.
Evans had said to ma it was not an Imbecile cam ; that was
so held to him. On the 4th I sofa telegraphed for Dr.
Evans. He come about eleven. Again I met him, and took
him to Mr. Shopeon's office. - Oa our way Dr. Evans pro-
duced a book relating to making wile, which he read
to me. I loft Dr. Evans with Mr. Simpson for ten
'Wastes, sad then the doctor and I wont to Swint= ;

Simpson followed. When we got there Mrs. Taylor was
in the room. Dr. Evans spoke to Mr. 13winten,
but I did not hear what he said. lie ousts to me in about
ten minutes, and said, " The making of the will most
be postponed.' Ws went into the library ; I introduoed Dr.
Evans to the family, end left. in a few minutes Dr. Evans
went away. On the 6th of July I received • nets from Mr.
Charles Serialise requesting me to take up Mr. Simpson, as
Mr. Swinfen wished to Enke his will. I told Mr. Simpson
to go. I went to Swinfen on that morning, and found Mrs.
Taylor and Mrs. Wake with the testator. I stayed three
Of four minutes In the room and left. Mr. Simpson requested
me to go with him on the 7th to Swinton; this wee about
11 o'clock. When I went into the room I found Mr. Simp-
ers with Mr. Swinfen; Mr. Simpson read over the will, and
ttLls this what.you man r Mr. Swinton said " Yee,"
y. I said. Have you left me anything, jokingly ?"
He said " No." I said, " Not a ring F' Mr. Swinton said
" No." Mr. Simpson requested me to fetch Mr.
Charles Swinton and I did so. When he arrived
Mr. Simpson said " This is your will, sir ; the will
made at your request." He said " Yea." When
the attestation proceeded, there was great difficulty
about Mr. Swinfen signing, The table was slanted. First
he tried a steel pen, bat afterwards signed with • quill.
The will was subsequently duly attested as described by Mr.
Charles Swinton, Dr. Rowley adding that he maw the is
sign. At the time the testator snouted the will bis
health was good for his age, and his manner clear and com-
peted. Nine or ten days aftsa weds he was taken ill. About
the 21st there was conatipano• • afterwards bronchitis took
place, and death resulted. On the second occasion Dr.
Evans appeared in a hurry to go. lam positive that Dr.
Evans never communkated to me that the testator did not
know his son was dead.

By Mr. Huddiaiton—l formerly kept a licensed home,
but gave it up ten or twelve yean ago. My limnse was not
taken away. At the time I gave up the house I had 46
bents. I did not apply for a renewal of the limes. I let
the hones on lease to a Mr. Griffiths. I have not been in
Swinfen-hall more than three times in four yews,
or five times since Mr. Swinfen'a death. My
wife had frequent opportunities of conversing with Mr.
Swinton at the time of his son's death. She was Inilreate
with Mrs. Swinfen. [Letter put in in hie wife's handwriting.]
I never spoke to Mn. Swinfen on the 'abject of that leekm I ,
adhere to the answer I gave that I never saw Mr. liwillmf•
mind In 'Mate of aberration until within two daysothisamth.
I know that Lady Clifton came two days before Ms isnielor'e
death. At that time Mr. Swinfen's mind wee gees, Ahern
that time it disappeared. It might be shoot the 18th of June
that Mr. Swinfen said he should give Swink& to Mrs. Swinton.
Dr. Brans did not my Title is not •ow of innutity" the
word he need was " !imbecility." IwM swear that I' never
said to Mr. Simpson that Dr. Evans sad I could not agree to
give a certificate that Mr. Swinton wee of unsound mind and
incapable of managing his own affairs. When I walked
borne with Mr. Simpeon on the sth, I did understand from
Mr. Simpson that he did not consider Mr. Swinton in •Si
state of mind to give instructions to make a will. lam
unable to say positively whether Mr. Simpson said "in •
humour to give instructions," or in a " fit Nab of mind"
to make a will. [The witness was much premed ars this
point, having maid the word " state" in an affidavit he made
two yam since; the foreman of the jury interposed, and said
that the jury regarded the point sa stain).— -,--that the
phew was intended to be general.]

oonthinsft—lt ie not trite that after the
ninalwill was signed Dr. Rowley lost all padence, mad
that he would go away Mei the duplicate will
was signed. In the six months prior to the death of the
teatator he was unable to control the functions of hie body.
I did not make a post.mcetem examination, and am net
aware that mortification had taken place.
Re-examined by Mr. Kennedy—The went of power
physically bad no effect on the mental famdties. Mr. Swingle
was is so much pain that he could not sit.
Max Ann Rowley, the wife of the last Mod, tem-
bored the son and daughter-in-law of the testator seming
redd• at fiwinfen. Their intecouree was at all dm of •
most affectionate kind. A few days after Mr. Henry Swim-
fen's death I went up with the pleintiff, his widow, to Mr.
Samuel Swlnfen's Winona. He put his arm round bee
afieciticsately. He said. " Don't cry; I will take can of
you." Ocoasionally Mr. Berinisea mesg yes Teem
w I
avering A day or two after the 4u& oil Mx.
Swinton, wrote to Lady Clifton, at the mutt et Me.
Sweden, to announce this went.
Mr. James pat a copy of this Me Into the bands et ihe
witness. It non Msd the fellowing primp : "
Swinton is /am* spend the WOW= et ri
le
mournful event, kW, throng& met leo et vsesery, net
able to dwell for new IM1_111111.94." •
Examination of ediemeeeilbeted--Ina what I sew after
writisi the above, I sated et the eseheion that Mr.
13winks did feel acutely the leas et his as..
Mon. Ann Mills, 76, had brawn Mr. Ilideart my years.
Saw him in his bedroom the Obaistmse4eg Ware ha did.
He drank with me, but I acialft bias Ai bis NW He
shook hands with me, and eeneet to knew me. He bribed
altar my hung,. Was in the room an hour, or an hour
and • half.

Mn. Tylor went to reside at Bwisfen-hall about three
years Won Mr. Swint= died. She attended upon him.
About • year and • half after witness went to Swinton, Mr.
Swinfen required leading. In the month of November,
1853, as they were going upstairs, his hand slipped off the
banisters; but Mr. Swinton wasnot hart, and never afterwards
complained. After that time Mr. Swinfen took to his room, and
witness saw a good deal of him. As months went on Mr.
Sirloins got more Infirm in body, butremained cheerful. Never
saw him reading, excepting the Bible. A ahem time before
his eon's death he gave me • Prayer-book. Had seen Mr.
Henry Bwinfen in the room with letters. He was asking
the old gentleman for directions as to what was to be done.
The testator, after his son's death, used somedosse to say,
"Poor Henry." On one occasion after hie son's death
Mr. Swinfen had • bed night. He said to witness
that he was very unhappy in his mind—that he
had got something to settle. Oa one occasion he mid
he would take care of his daughter. A few days afterwards
saw Mr. Simpson in the room sitting near Mr. Swinton.
He said be was going to do something for her—rid some-
..about 20!. Witness bad forgot to takain some straw-
end Mr. Swinton asked for them. 'At this time he
talked a rational way, and his son and daughter treated
him respectfully ; the latter always treated him kindly and
affectionately. When Mr. Swinfen was confined to his room
he used to call the different cows by their names as they went
y, andan. used to speak at one of the tress planted by Mrs.
Strim _ _

By Mr. E. Jaroes—l don't moiled their bringing the
Illontrani London limo to Mr. Swinton to ahoy him the
pinnies. I don't recollect seeing Mr. Swinton read the
Bible ar any other book for a quarter of an hour from
November, 1863, to the day of his death, in 1864. I never
said that Mr. Bernina was perfectly childish, not to anyone.
I remember Mr. Ft:gee' butler calling after Mr. Henry
Swinton's death. I never said to him that I should have to
go. I never said, " Bless you, Mr. Warburton, Mr. Solent
kaowl no more what he is doing, and he has not done for a
long time, any more than a child of twelve months old : he
is perketly childish." I never scolded Mr. Swinton. I ham
toK him I would leave him. He mod to say that he would
provide for ma if I would May there. I did not know that
the will was being made ea the Mb of July. I don't recol-
lect who told me that I had 204. a year =Sr the will. Mr.
See Wen told me he would do @metals kr me. I slept in
the room with Mr. Swinton. Prom the tth, of July until his
death he never told me that he had made swill.
Mrs. Patience Sedates,
married to the late Mr. Sykes k theSilf, wee ant called—l
was 1831. We
remained abroad for eight yaws, the reimasd to Roc-
ked. Alton having been ate Moo in Sighed w• rewind
an invitation to go to Swisks, hat it was pat of Mr some
time. In 1844 my hushed and myself spied • thy with his
father and mother at the Bea mid Mims Meal, Dfsmiag-
ham. In 1848 we watts Serbia, mad vim esedeed most
kindly. There wsa no room at fterfoko, wo limed at
Lichthld. After a time a leabessa wee hailed he my
husband and myself at Swink& The Wake made me
many present'. sad sell he amid imams, bin ean's
income to 6001. • yaw. Bess abet tes embed at
Betake my Imam,* bear WY be bed • letter
to show to me which be had thesked tansthigleth Iladustt,•
that there was something la it about me, eadthat be valued
it as gold. My father-le-lew's health imFremdcrldlst we
stayed with him. After we left Swinton in the satema of
1848 we aandlsdoad
_wire away min 1861. la the soarer
of that time my Imesbrad bed km at tasks kites ham his
father. The theemat-book I peollese neonates entries he the
handwriting of the /deter. It was teedmongerthe
Mr. B
papers after
h s ie
aid death. We Mama le firkin in 1861.
etake he was thed of *deg skew, and would no
longer do se. He mkt that be bad ism robbed by his m-
eant& He oiled his am to fake amigo of kis dein. He
▪ " NelaTijou TM. midi! kn. Pre 44f elm, ma Milked
end aostethre. X aweathe began as mathge the sake
of the arm; he mese of the seetapht, sistlypt
them Mrs. Martin, her losobemel, her Inaltsr-firisw, ad
her eon. That wee dam with the epprohathe ef Mr.
Betake, maim. My kuathad reasabed hk Misr
on the ham budasse. I have bee prima aim
times Masa he read letters to Me gallour an
bests. I have noire him disapprove, and have the letter
wrath over spin. I remember two of the tenants, Gibson
sr I Senehry, receiving notice to quit. This was in 1861.
The mate were raised, and the tenants who now
the thareseed mat. Mr. Swinton arida improvedoccinyeall
after we mot there in 1831. I attributed it to the tact of
mom being taken off hie mind. He was very corpulent, mid
In oonsegueme of this he slipped on the stairs, and then took
to his room. He aseany took three ar four glen seres of
wine at dinner. My husband and myself saw him
several Omen every day. He spots of the bed state
in which the meats had been left ; and that all he found in
the cellar wee a barrel of sour beer and a bottle of soda
water. He spoke of the extravagance of Mr. Fronds
Barlailm, end add SIM Weathermanthey of that Ida dears vault
all have hese eepeovlded kw if bad act boat veil
married. Be added that the estate should =Mr go fn
that breath of the family. He spoke of Mrs. Frauds
Bethke, sad said she mace took Neighed to Betake, and
kingdom' him ee "the Cesar" Oa the 0001•10 S ha mea-
tless' that Mrs. Fds RAM= bad wriest to say her
danglaw wasthout to be married, sad site Wanted a kaatotd
neg. He mat her 104. to buy one. He mid " ske legged
ler I wameaded in Wader Mr. BMW* the kettsfar, to
Invite Led, Clifton. Mr. Charles Swinton aloe mai gm or
dm them, and made nionthig oak I ecntemaileiwllk ether
members of the family; month lbws Mrs. Edema Peel.
I was anxious to brag the members of the family together.
I was proud in March, 1862, whoa the testator mode •
• I wen only La the moss a stmt thee. My tether-ta-
ke Maw of my husband's Wadies to Mae zee the Byte-
ha sank, and never expatherai his disepprobstlaa. Ile said
then was ea old will In the possaiske of Melltorielt, which
was to be destroyed ; but it was net sad. Atha my huskand's
death, I saw N.r. Simpson a short time Were hi. relatives

arrived. I wee anxious to know how I stood, lest I should
do anything wrong. I showed him my husband's will : he
explained to me my altered position. It wu not until a few
days after my busband's death that I paw my father-la-law.
I &eked him whirs my husband had guns to. He said "To
Heaven." Then he said, " You won't leave ramP" I said,
"not if you wish me to stay." A few days after my herbed's
death, Mr. Simpson spoke to me about a otemnieeks to
E the property. After m husband died the testator
talked less ; and one day he said to me, " Kra. Madan, I
mean to Mau you this property." I mid, " you do, sir, it
will give me a great deal of trouble." This woe about a week
after the funeral of my husband. He often mid that he
would take oars of me. My father-in-law was only
token ID • short time before his death. His mind
wee right until within three days of his death.
I eat with him the night before his death. On the morning
of his death Lady Clifton, myself, and Mrs. Taylor, wen
standing by his Weide. Mrs. Taylor went away. His
eyes followed her, and Lady Clifton remarked, "He knows
her now." I eat with him every day. I read prayers to
him on a Sunday. He never went to church. I remon-
strated with him. He said he had no carriage to go in ; but
when he had one be did not go, he was so farm. I read
many books to him, and never detected any want of intern-
genee. Mrs. Charles Swinfen idni read to him. After Mr.
Charles Swinton, the testator's brother, cams to Swinfen, I
funded over to him account books and other matters.
At this stage of Mrs. Swinfen's examination the court ad-
joirixd until Monday remains.
There is no prospect of the sue concluding before Tuesday
eight or Wednesday.
Mr. Justice Hill concluded the business in the Crown
Court to-night, and on Monday will proceed with the special
jo,y muses yet for trial.
Mr. Whateley, Q.C., has been trying common jcv rousse
the whole of to-day.

SOUTH WALES CERCUIT.—Cemmosx, IVLY 21.
(Bakes Mr. high* Crompton and & Special Jury.)
CLAAXE O. DICLSON.
This was an &aeon by the pp a surgeon at Doncaster,
to recover damages for allegedfraudulent iahreprieistetkee
of the defendant, Lieutenant-Colonel 8. A. Dom, whereby
he was induced to take and pay upon shares in the Welsh
Potosi Lead and Copper MU* Company, of which the
defendant was a prominent director.
Mr. Henry Allen, Mr. F. W. Lloyd, and Mr. Hughes for
the plaintiff ; Mr. Evans, Q.C., Mr. Grove, Q.C., and Mr.
Gifford for the defendant

It appeared from the evidence that the Welsh Potosi Lead
and Copper Mining Company, in Cardiganshire, was formed
in September, 1863 when a prospectus was reed and adopted
at a meeting of directors, at which the defendant wee preson
which proepectu contained the mierepreeentatione
ti. It Meted, amongst other things, that the mine was to be
worked on the oat-book principle, which it prole red would
limit the liability of the sharshoWere ; that the directors had
made advantageous arrangements for the purchase of the
property, and that 6,0001. in money and five-exths of the
oenekleration in paid-up shares of the company wee the pur-
chase from the proprietor ; that • conaiderable portion of the
=sdcapital had been subscribed, and that active opera-
head been commenced at the mine, 1,0001. sou in fact
paid for the plant, &c. • and by arrangement with other
7501. was paid in obtaining a lease from
rnSan's Loveden, Esq., to defendant and two others,
as trustees for the company, dated sth December,
1863. The 6,0001. mentioned in prospettua as the sum pay-
able to the proprietor and the 6,000 free shares representing
26,0001. mote, and soma paid in dividend thereon, were
divided between the defendant and one Wilkinaon, a coe.
director, and it was alleged on the part of the defendant that
the latter was the proprietor alluded to.
The plaintiff, on the faith of what was represented by the
paiproepectua, was induced to take 340 shares, upon w hi& ha
d up LBOOl.
The mine was worked from January, 1864, to June, 1867.
As the learned counsel for the plaintiff said, the concern
began with the sunshine of a 101. per cent. dividend, declared
in June, 1864, really, as the directors stated in their report,
at the rate of 40 per out. per annum, but very shortly
afterwards reached the dim twilight of no dividend at all,
and ultimately ended in the gloom of liability to heavy debts
and winding up in the Court of Chancery; in which pro-
ceedings the mines, after the additional expenditure of the
company, sold for 3,0001. In the result 40,0001. was ex-
pended in working the mines, and about 20,0001. worth of
ore realms&

The plaintiff and defendant were examined at length, and
after a trial which occupied the attention of the court the
best part of two days the jury found that material represen-
tations in the preepectus ware false, to the knowledge of de-
fendant, that the plaintiff was thereby induced to become
shareholder and pay his money, and returned a verdict with
damages for the full amount so paid. Verdict for plaintiff
foe 1,60 W.