The Express.
London, England, 1861-03-12 00:00:00

(Stamped, id. Additional.) [TWOPENCE.2-

this time. Lord Ranelitfe had three tasters, but he never
mentioned to witness his intention to make auy pro-
vision for these ladies. He did not make any sug-
gestion to his lordship at the timo he made
the will as to the propriety or non-propriety of
pulling all the property to Mrs. Bunt. The only will he saw
was that produced by Mrs. Burtt, which was that of MO.
He did not see the other will until some time afterwanls.
He had remarked to Lord Bancliffe that the estates would
revert to his own family when Mrs. Burtt had ceased to
live. He said that no arrangements had been nude between
hint and Mrs. Burtt on the subject. The impression on the
mind of witness was that his lordship would leave the pro-
perty to Mrs. Burtt, with a view of securing kindness and
attention to her from the family during her life. Mrs.
Burtt had married since the demise of Lord Itanclitre.
About two years after that event she marned a Mr. For-
teath.
Mr. James—What is he?

Wituess—l think he holds some appointment in a branch
of the government othces at `Somerset-house.
Mr. James— You may abbreviate by aayiug that he is a
clerk at Somerset-bowie. (Laughter.) Is he not a person
many years the )uoicir of Mrs. Burtt
Witness—He u, I hear, about 25 years younger than she
is. He had not heard that Lord Italicliffe applied to a Mr.
Hurd to make out another will for him. w 'teem had not
had the custody of the will utter it was esecut4d. The
settled estates passed to his eldest sister after the death of
Lord Hanclitie.

The will a( June, 18441, was then read. •
Frederie Hubbard examined by Mr. Merewether—Were •
clerk in Mesas. Freeth, Itau,on, and Brown's office at
Nottingham. They were solicitors. Remembered having
been brought to Mr. Rawson 's house, and as he entered the
room he saw Lord Ranclitre sign his mime to a wal, to
which within, and Mr. Malmo were the attesting witnimee.
Cross-examined by Mr. James—The will mode was not
reed in his peesence, end be did not know that Lord Ran-
ch& took the document away with him.
. . — • . . .

_ ...
In reply to .Mr. .Tames, Mr. Jenkins, who hail been re-
called, stated that be had not men Lord: tioarborough or Mr.
Nicholson about either of them being appointed trustees.
Thomas eradock, examined by Mr. Wills, said be was •
banker and solicitor, at Loughborough, and was on intimate
terms with Lord Ranch& for many years. He could not
my if his brother acted professionally for Lord Itanclifie.
He caused a search to be made in his office, and found •
draft of 1837 and • letter of Lord Ranclitfe's (a paper of
inetructioce) pinned together. The draft will was written
in the handwriting of a clerk, and the letter in the hand-
writing of Lord Rancliffe.
Cross-examined by Mr. James—The first time that he saw
Mn,. Burtt at Bunny was after she had left Wynteswold,
where she had been living under the protection of his lord.
ship. She had been in Wynteswold in 1125, but he could
not fix a precise date. His brother hid not been consulted
about making a will after that of 1837. His brother died
in 1838. Witness himself was not consulted about the will
of 18.50. He had never heard until that morning about his
name being connected with the will
Robert Mitchell said he had been in the servioe of Lord
Ranch& as butler. but was now engaged by Mrs. Isorteath.
That was his (witness's) signature to the document
produced. The other signature was that of George Baker,
• footman who had been dismissed from the service of his
lordship some months after in consequence of irregular con-
duct. He bad heard that Baker had died since. Had
, never heard that Lord Reedit% had made a will in 1/446.
Had never heard Mrs. Bnrtt say anything about the property
becoming hers after Lord Rabelais died.
Mr. James—Did she exercise any influence over Lord
Rancliffe?
Witness—No.
Mr. Janus—No undue influence at all?
Witness—None. She Dever interfered with the tenants
at all. The sister of Mn. Burtt died at Bunny, where she
had been staying some time. There had been some dispute
about having Mrs Burtt's sister buried in his lordship's
family vault. lie did not know that Mrs. Burtt bimetal on
her sister being buried in the family vault. Lord Ranch&
bad been in declining health for some months previous to
his death. Dr. Hutchinson, of Nottingham, was his phy-
sician. Had not heard his lordship complain that Mrs.
Burtt exercised an undue influence over him. Mr. Nichol-
son was land steward in the employ of Lord Ranoliffe, awl
had been so for many rime during his lordship's lifetime
and since.

Re-exanuned—liis lordship was a very small eater, but
was much addicted to drinking wine. Mrs. Burtt had had
at some time much difficulty in keeping wino from Lord
Rancliffe. The will of 1837 was then read.

Mr. "'Lumley having addressed the jury for the defence,
the following witnesses were called :
Sir Arthur Humboldt examined by Mr. Bristow., said
his brother died in 1&53. Being the 'maid son he came to
the title. He was plaintiff in the present action. lied
been in Jamaica until 1855, fulfilling duties as special magi*.
trate. When he came to England he gave instructions to
his solicitor to commence the present action. He had visited
his wide Lord Rowell& in 1642, and remained a
week with him. Mrs. Bur* now Mrs. Fortes*,
was there at the time, and appeared to act
as mistress at borne. He had then constant opportunities
of seeing her conduct towards his lordship. Nhe seemed
to have complete control, and did not treat Lord Rancliffe
with moth respect. On one occasion she told witness that
she had had causes of sorrow, but that if Lady Rancliffe
died she should make Lord Raildiffe merry her. When at
dinner there, witness had a quarrel with his, uncle, on the
subject of his father, Lord Haucliffe saying that he consi-
dered witness's father's fortune not equal to his mother's.
He met him the next day on the staircase, when his lordship
took him by the arm and led him into the library, and brought
him under the picture of his (witness's) mother. He said
"Arthur, lam very sorry for what I said last night, your
mother was my favourite sister, sod I can leave my pro-
perty to any of my nephews that I like." From that time
his bedehip's conduct to witness was marked by meat kind-
ness. In the spring of 1844 lie .gain paid a visit to Bunny.
Mrs. Burtt was there at the time, and his conduct was the
came as he had seen before in the house. His uncle was
Toy kind to him, and expressed his regret that be had to go
so soon to the West Indies. Shortly after went to the
West Indies, and never saw his nude again.
Crom-examinel—Knew nothing about any wine having
been made.

Calvert Nicholson had formerly bees land steward to
the late Lord Ranchffe. He was constantly at the hell
with Lord Itancliffe, and was in his lordship's confidence.
He frequently dined with his lordship. Mrs. Bunt acted
as mistress at home. She exercised influence over Lord
Ranch& to a very great extent, which continued until the
time of his lordships death. Her influence increased after
the year 1846. Mrs. Burtt's general manner towards Lord
Rancliffe was • kind manner, but on several occasions it
was quite the contrary. He had seen Mrs. Burtt strike
his lordship over the shoulder and on the face
with • parrotetick. (Situation.) His lordship genre
rally seemed cast down 11011 cowed towards her.
On one occasion she threw • plate across the table which
struck his lordship. Witness had beard her dictate to Lord
Rancliffe what he wrote. Sometimes his lordship appeared
unwilling to follow her instructions. He had a conversation
with Lord Rancliffe as to the disposal of his property.
Witness said, " Have you thought, my lord, of arrange-
ments entered into about the Elton property I" He said
"I have," and observed to Lady Levinge, his sister, who
was present, " lam surprised, Bessie, that you should
doubt my having made the arrangements." He after-
wards saw Mrs. Burtt, who did not appear comfort-
able at the arrangements made by Lord Reocliffe
LI to the disposal of his property. Witness told Mn.
Burtt that he was quite sure that Lord Rancliffe would
make ample provision for her. Lord Rancliffe told witness
that he had provided for Harriett. meaning Mrs. Bunt.
This conversation took place in 1846. lo the year 1847 his
lordship spoke about George Laving., and hoped that be
would be able to provide for George, aa " he was a very
nice fellow." He also spoke kindly about all his nephews
and his sisters. In 1845 his lordship spoke about leaving
Mrs. Burtt the Higlifield Farm, stating that she might
will it to whom she liked. Mrs. Burst was
present at the time. He recollected two of the
children of his lordship's youngest sister, Prime:es Poliguac,
paying a visit to the hall. His lordship said be hoped he
should be able to provide something for these children.
Witness thought this was in 1847.
Cross-examined—Lady Levinge was at the hall when his
lordship's illness had reached its very worst crisis. Lord
Rancliffe's Diem was of a dropsiad nature ; he also suffered
from • skin dream. He was confined to the house with
ibis illness for five or six months. Ho had understood from
Lord Rancliffe that be (witness) was • trustee in • will
made by his lordship, but the content' of the will were not
stated to him ; he hail been speaking to Lord Scarborough
shalt the will in 1841 and 1848. He knew at that time
that there was the will of 1837 in exirteoce. Mrs. Burtt had
• life estate in the property. To a certain extent Mrs. Burtt
prevented Lord Bartell& from indulging too freely in drink.
Mrs. Burst's *patrol over his lordship was not merely as re-
garded his drink, but extended to a variety of other circum-
statues.

Elisabeth Taylor said she had been formerly in the service
of Mrs. Burtt, when she lived at Wymeswold, about 20
yeers ago. Lord Handl& used frequently to come to see her
there. She had frequently been at Bunny, and MIL Burtt
appeared to be quite master at Lord Raocliffe, who 'teemed
to be a mere child in her hands. She sometimes spoke
kindly and at other times very unkindly to his lordship.
When Lord Heinen& was in witness attended him, and he
was very kind to her for any attention she paid him. She
noticed an alteration in Mts. Burtt's manner tower& her
(witness) after the expiration of some time. She received
heat discharge from Mrs. Burtt ; and her father, who had •
farm under Lord itaricliffe, received notice to quit from
Mrs. Burtt. Her father did not remain in the village he
eras not allowed to remain there. Lord Ranchffe's kisdnen
to witness was unaltered.

George Smith, blacksmith, Bunny—Was sixty years of
age. Lord Ranoliffe was in the habit of coming down to
the forge of witness, and doing other matters conoected
with Ids trade. His lordship spoke several time 4out
Mrs. Sarin to witness. Lard Itancliffe, or rather Mrs. MAI,
got another man to do witness's work, and thus deprived

him of a considerable source of employment. When witness
Iwked him shout not giving the work to him, Lord Rand'
cliffs replied that Mrs. Bart' would not allow him to give
him work, sod he could not do as he liked. (Loughter.)
Mrs. Burtt seemed to have had his lordship completely under
her cootroL

Viiiii;;,Tarior, peek seed gamekeeper to Sir Alszaeder
Dixie, was formerly in the service of Lord Ratcliffe.
Bud seemed to exercise a ruling power over Lord
Rancliffe; the servants in the employ of his lordship were
expected to obey Mrs. Bunt. who seemed to is invested
with superior power. The servants were expected to obey
her instructions if they were contrary to those of his lord-
ship. Mrs. Bunt anti his lordship used to quarrel and have
angry words.
Mary Lowe was in the habit of working at Bunny Hall
during the lifetime of Lord Bancliffe, and had opportunities
of seeing Mrs. Bunt's manner to Lord Rancllffe, which •
was sometimes very civil and sometimes the res.erse. She
bad heard a conversation in the kitchen Im e,.eu Lord
Ranclitie and Mrs. Bunt, when she w idled im aye her the
estateat his decease ; Lord Rancliffe replied titi.t he could
not leave it, but that he wanted the nght heir t. have it.
The oonvenation between Lotd Ratcliffe and Mrs. Bunt
in the kitchen was as follows :—Mrs. Burtt sail, " I hope,
Lord Rancliffe, that you will give me your property at your
decease;" and be replied, "Mrs. Burtt, I shall not leave
you anything at my decease; I did not ask you to leave
your husband." Mrs. Bunt said, " You told rue, if 1 left
my husband and came to live with you, you would leave
me something." He said that he did not promise to five
her anything. Lord Rancliffe said, no matter who the heir
was he should be found, and he should have the property.
Rev. John Tidy Beetham bad been for thirty years in-
cumbent of Bunny. He recollected the time that Mrs. '
Bunt's sister died, and at was objected to her being buried
in Lord Rancliffe's family vault ; but she was subsequently
buried there. Lord Ihuicliffe was the lay rector of
the parish. He did not visit at the hall after Mrs. Bunt •
came to live there. _

Dr. Hutchinson said he was a physician, and had been
for many years the medial adviser et Lord ftsseliffe. Had
known him for 15 or 20 years. During the lart ten days of
his life • surgeon had been called in to see his lordship, who
had been suffering for *considerable time fmm disease of the
heart, gout, and other maladies, but his mind was not affected
beyond a mere mental irritation. He attended him in 1848,
and for the last ten years of his life. He saw Mrs. Burtt at
his lordship's residence. His lordship was exc,edingly in-
disposed for business, and consequently anybody that would
take that trouble from his shoulders world have an
Welty of exercising great influence over him. Witits=
had opportunities of seeing the influence Mrs. Burtt
had over him in other matters, but not in tinniness
transactions. Mrs. Burtt took the management of business
at home. Lord Raocliffe wits sousible tea few hours before
his death. He spoke frequently in praise of Mm. Burtt,
saying that she had the best heart and the bed head that.
woman ever had.

By Mr. Janice—His lonlship never spoke in this strain
except in the presence of Mrs. Burtt.
Horace Humboldt, brother of the plaintiff, said he had
frequently been at the hall with his brother, visiting his
uncle, who received him with great kindueys. He left
Bunny rather suddenly, on account of a disagreement with
Mn. Buret. He wished to make a statement with reference
to

The learned counsel on the opposite side objected to the
stetement.

At this point the oue was stopped by the learned judge,
who expressed his opinion that the evidence of thu last wit-
ness entirely settled the case.
hejury concurring, a verdict for tho defendant was re-