The Express.
London, England, 1858-07-29 00:00:00

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LONDON, THURSDAY, JULY 29.

SPORTING INTELLIGENCE.

A SPECIAL EDITION of the "EXPRESS;
containing the results of the day's llama ie pub-
lished every evening during the Sporting Season, at
di o'clock.

Tus telegrams published elsewhere are among
the most satisfactory that we have recently
received freak India. Sir HUGH SCSI'S vic-
tory at Gwalior wu a complete and brilliant
success; it decided the fate, not of the city only,
bat of the fort also. SCIIIDIAH CMS rotated
in state to his pilau on the very day of the battle.
Twenty-seven guns, numerous elephants, and a vast
treasure rewarded the four days of arduous
coottict which had been maintained under
that murderous heat, against a tremendous supe-
riority of numbers, with a desperate foe,
GNAW by recent successes. The enemy—with what
amount of Isis is not stated—had made good his
escape from the field, but the toils of war are evi-
dently fast closing in round this most despe-
rate and dangerous of the mutinous corps-
d'arssee. From Oude also there is intelligence of
gallant exploits. General Bir Hope GLUM is
reported to have pined a brilliant victory at
Nawabgunge, near Lacknow, capturing a large
number of guns, and driving the enemy across the
Gogra. The necessity of having to make good OW
ground by battle in such immediate vicinity to
the capital of the province, speaks volumes as to
the slight progress we have yet made towards the
pacification of Oude ; still the check of a decided
defeat in that quarter, coupled with the rapid sup-
pression of the tamultuary and menacing revolt at
Gwalior, must go far towards convincing the native
mind of the utter hopelessness of the struggle.
The death of the crafty and ►ble Mourvit will be a
most serious blow to a muse whose great want through-
out has been a deficiency of competent leaders.
Lord

despatch had reached the
Clovesitoit-Gsitsiui., who had instantly acted
upon it by issuing a proclamation giving amnesty
to all bat murderers. The results were of mires
sot known when the despatch left, but they. can be
Little doubt that, in the present crisis of the struggle,
there can be no wisdom in animating resistance by
despair. The woest testate of the intelligence is
the continued state of disturbsuce in Onde : in all
other respects it is decidedly favourable.

Tug great Will canoe which has for some days past
occupied so large a portion of our columns has ter-
minated in a verdict for the plaintiff. Mrs. SWIM.
FEN has gained her cense, and we think quite
rightly. Though the proceedings were thus lengthy
the principal fact" in issue were simple enough.
Old Mr. SAauxt. Swixrxv, the plaintiff's father-in-
law, died at a very advanced age, in the summer
of the year 1854. About three weeks previous
to his death, on the 7th of July, he had signed
a will leaving the whole of his real property to
Mrs. lIENRY SWINFIN, the plaintiff, the widow
of his eldest and only son, who had died
in the previous June. It was admitted that
the signature was th►t of old Mr. Eivrnerme,
and that the will was regularly executed ; the only
question was whether at the time of its execution,
on the 7th of July, he was of, what the lawyers
call, a " disposing maul." The test was very clearly
laid down by Mr. Justice BTUs, who appears to
have tried the ease with great ability. If a testator
at the time of executing the will retains • power of
volition and a power of choice, if he understands
thoroughly what he is doing, know" what property
he is dealing with, and in whose favour he is dis-
posing of it—that is sufficient. The mind may be
weak and languishing, the powers of the under-
standing may be flickering in the socket—still, if he
has understanding enough to comprehend what he
is doing, and energy of volition enough to
will the doing of it, he is very fairly considered to
be of sufficiently sound mind for the purpose of
making a testamentary bequest. The instrument,
in a word, which purports to embody his last wishes
is rightly and legally his Will, if it express his will—
the conscious self-determination of his mind. In
applying this test the jury, we think, very rightly
came to the conclusion that old Mr. fiwirrax, when
he signed the document of the 7th of July, 1854,
meant, and knew that he meant, his daughter-in-
law to have the property. No doubt there were
difficulties in arriving at that conclusion. The old
man was in a state of extreme mental inactivity,
amounting almost to fatuousness; but he was not
imbecile. In the language of one of the medical
witnesses, he had a feebleness of memory rather than
a failure of mind. Upon the whole balance of the
evidence as to what actually took place at the time
of the signature of the will, the jury, if the case
turned on that point of time only, would, we think,
have been amply justified in upholding the validity
of the document. lint the case did not, and
could not, rest there. The judgment of the jury had
to be formed also upon an extended view of the whole
probabilities of the ono as disclosed in the evidence.
It is not too much to say that these were almost all
is favour of the plaintiff.

The facts were shortly these : old Mr. Bwlrtrzn,
the testator, had been, or fawned he had been, ill-eyed
by his father in the matter of a second marriage.
Dislike, amounting to aversion, for the Imre sad
all the descendants et this second marriage, had been
an abiding feeling in his mind. This feeling
remained straw as kite, at Weston the year 1863.
He scarcely ever saw any of the members of
that family; if he wrote it was in terms of
distant reserve. Now, Captain BWINFEN, the de-
fendant in the action, who claimed as heir-at-law,
wan the son of hie step-brother—of the man for
whom, as the eldest born of that second marriage,
old SAMUEL Swtnean had always entertained as
especial amnion. On the other hand, for about six
years preceding his death he had formed a strong
and steady attachment to his daughter-in-law, the
plaintiff. It wee upon the death of his wife that
&must Eivruirax ant Whig son and daughter-in-
law guiding under his own roof. Before that them
bad bits, fee *beet 18 years, a settled estrangement