The Express.
London, England, 1858-07-22 00:00:00

MI CARE OP SWINPIN v. 81VINZEN.

As one or two inaccuracies appear in the para-
graph from the London papers, it may be interesting, while
connoting these, to give • rensmi of the circumstances under
which this autos celeltre oomes on for trial mice rums at the
went Stafford assizes. Mr. Samuel Swinfea, of Swinfen
Rail, near Lichfield, died a few years ago, having, by a will
made shortly previous to hie death, devised his estates, worth
60,0001. or 80,0001., to the widow of his only son. The son
had died ruddetly a abort time before the making of this
will. After the death of old Mr. Swinfen, the heir-at-law,
Captain Seriatim (son of a half-brother, and personally un-
known to the testator), claimed the estates on the ground that
the will was invalid. The action to decide this wu to have
been tried at Stafford in the spring of 1856, Sir Frederick
Thesiger (now Lord Chelmsford) being Mrs. Swinten's
leading counsel. During Its progress, Sir Frederick, con-
trary to the expressed desired his client, entered into a corn-
promise with the counsel of the heir-at-law, Kemerling to
ertdolt Mrs. Swinfen wu to give up all claim to the estates,
and receive 1,0001. a year for life (not 8,0001. a year, as
stated). Mrs. Swisten repudiated the right of her counsel
to enter Into a compromise without her authority, and sought
immediately to be relieved from it. The arrangement, how-
, ever, baring bean made ands amen, application web in the
neitterm made to the Court of CommonPlees to commit Mn,
Sedates to prison for net acceding to the terms come to
by Sir Frederick an her behalf. On this occasion some of
her counsel made affidavits against her; but after a very
able and elaborate argument from Mr. Kentede. Mrs.
Swinfen's counsel, the court refused to make a rate abso-
lute for her committal. A bill for imitate performance
was afterwards tiled in Chaucery, to commit her to
accept the oompromtre. This bill was dismissed by the
Master of the Rolls, end an appeal against the decision,
entered before the Lords Justices, met with a similar fate, the
court, after bearing Mr. Kennedy, confirming the decision of
the Master of the Rolls, and ordering Captain Swinfen te pay
all costa. Lord Justice Knight Brom, in giving judgment,
condemned most strongly the course pursued by the defend-
ant in harassing Mrs. Serinten by a suit In Chancery. Mrs.
Swinton being thus completely treed from the oompreenise of
1856, the proceedings to test the validity of the will begin de
novo, and the action of Swinfen v. Swiaten Is to be tried
during the present Stafford assizes by special jury. Mr: Ken-
nedy will be the lading counsel on the part of Mts. Swinfea,
and Mr. Edwin James is specially retained for the other
obits. Mrs. Swinton also brings an action against the Lord
Chancellor I. recover damages for having entered into the
compromise. Mr. Kennedy will be her counsel in title mat-
ter. The question is of importance to the legal profession
and the public, ft having been too frequently the pretties of
leading counsel to come to terms without ocnimlting their
clients.—Birrningoleas Daily Post.

47P41R AT ?418L2r.

On Monday night a man named Robert Orr, a
weaver, resident at Silk-street, Paisley, loot hie life under the
most painful circumstances, hating been stabbed to the heart
by a smithies& who has been for some time poet labouring
under insanity. The gentleman refined to is Mr. William
Wylie, junior pular of the firm of Rodger, 14•Innes, and
Wylie. About halt pest 11 o'clock on Monday night he wee at
the get* lathe lalimory, is Bridge-street, demehdllad admit-
tance to les the home surgeon there, when them men. came
aloe, tin street, one of whom, named Ott. Yapped to
:trek " I"excl who
olPTigir be
1411".
ween
dam, when the letter at once lam too
• knife Into the left
side at the Ssessor, the point of which, it is believed, touched
the heart, as Orr fell at once to the ground, and impired
AIWA thetruttansonaly. The other men carried the body
into the Infirmary. Mr. Wylie ran off, and in Bleb ;street
gave himself lino the custody of a policeman. Me. Wylie,
the unfortunate gentleman implicated, is connected with a
thinily long known end highly respected in Paisley end its
neighbourhood. Although nominally a seember et w
and.
duce he has never attended much to bwitheee. and.
duce the death of an aunt three or four yam ago, to Whom
he wee melt attached, his mind bee be emsdatably
affected ; and it is stated that for severe= h• Peel
be has teen the subject of deep anxiety to his After
scenting the hoes toedked advice in such cases fa Eicelfiand,
hie mistime bad bias taken to London thaw or bur menthe
WM, and ho was treated in Ragland for two or three months
under the &ileitis of Dr. Perbee-Winalow. He recovered so
far under his treatment that Dr. Window seat bin babe at
the tad of June. dines his retina to Paishey Mr. Wylie
hil:44=Hidnaripfluenasceoblanwmaaulartdi"vinird....rarimlb.lialq":mswesa.ur.t.ierkb.sr:sitek.frultio:..7o.Yahict.dtnends:atbLoms:g°ads.""'lll.dwri..de. Wysis"saYpostalrthlistoffispovi
naiw:ashistifiattabablet:uthii.:lnsee.
were that the three men in Bridgretrest attempted to
garotte bite.

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