The Express.
London, England, 1850-08-01 00:00:00

THE EXPRESS, THURSDAY EVENING, AUGUST 1, 1850.

bmi y, sad sot alluding Is the &wee wills. Mow the
&wed the &oft asked to me the will Mr. Blair at Beet
sag he had it sea with his, but woold seed se titwaster fse
IL It VW sass itodissming and they sat dews to Ned it,
Ibe muelass et the family siWwg rowed la • &de, sad Mr.
Wahl alas fa ra aldW of the seam with Ms wilt hews
him. In sash a pities that ae wee otesl4 ~Usk him.
esual Balsbaggo, whether thetegi reposkumeen or seri
ode, stood up sad pissed him* wear Mr. Blair. Mr.
Mir shifted sod Tae peed Mani swim, aid
i pope/
wear Mr. Bisies shonl, saw a lass pp at is- beam
el
the seated pap s bleak, saw is the ether
pages lugs was.. sad deems, pima treillage is the mar-
gin, nail pamei latsilliesatioas is astersi plasm He ought
Le amis. Joupbc Isiebtago's eys, who thowspea
setae Mu kis pats% has seir ea wroug. Perhaps at
that asiamit Mr. Blahs had get over the material parts, sad
ea the ressalaiag peps thew wow as Woks, peollos=
or istsollasatimm- llefeetemately, at that dad
Bsisbeliop was m bed teens with kismet, Joseph, who was
Ws heir so Ibis WOO" t I. W M lassos; la the matter,
sad he was Flog Wide his regimeiM sad
_thought se more
of it. The peed, ear sesaypues had &pod ea return
Wow Mayolonise. west to Dosteeouamons, herd the
womb lied Y, sad the pail marks sad letwiluatione
reamed, sal he would swear that that will was net the
will hems le Mr. Burr's heads; sad sae strong wallwea.
ties of his readlealint was, that all the will was is the
Imadweiilag of Mr. Blair's club with the enesplise ef a
spew at the bottom of the mead pep, whisk otatelasei two
poublan, giving Mr. Blair his shale. of INN M M. mss.
sins awl We 'zanies right of spordas. 8. pant sad
shipebspe wee the will which the psoeral saw at Dattome.
oweasse, sad se Murat from that width he saw is Bliley'
Yale, that be believed that onusl troth sheets mast have'
bnastaltathutal for those whisk ha had eat; and in cos-
&maim of this it was to he remarked that the " T. B." oe
same of the shows wore writhe is a wry different band
bun that which wads the tumulus sigastares en others.'
In a awe time after the teratees death, Mr. Blair, who
prolemod peat wiped and friendship for the hair-at-law, I
aktellii IS 611111b1111 plea for preventing the will boles die.'
rd. Time was a tangly ma
ul, at Derby which Mr.
Joseph Babibrigp, the beir-atelaw, wished to secure in the
family. Mr Blair knew this. There was a debt of 1,6001.
or LOOM dee from the testator to his brother Joseph, which
the latter did not like to eaten, lest he might offend bits, and
it bream wasequently barred by lapse a tints. Weir taw
that this was • pod opprtudity of getting the heir at-l.w
toosailria ths will, and entered into a correspodencs with
him far Ude purpose, pais, his to warm we will on the
terms of the trustees sinus, him the maul= for the
amount at the debt, sad estayy off the debt against the,
WBlair la that ortfally warned him
Mat this maw woe& afterwards poorest Wm from die.
lll=the will, bat tell him at tbs same time that it would
to attempt so upset the last will on the pound of
Wealthy, ashes ho 'wild prove that be was %ease and is-
capable of making a will for the promillag 90 years of his
lite, as be (Mr. Blab) had got wdls la his possession, pre-
pared by basalt and others, leaving the property away from
the family. Mr. Joseph Bainbrigge fall into the trap and 'w-
onted • deed of conihrmatioe of the will, the trustees agreeing
to convey the bows to him. This conveyance they had sot yet
mode, sad In connection with this there was • remarkable
istsrliesatka is the will. There was a provision in the'
will to stable the trustme to sell some estates for the pur-
pose of paying debts. This provision se it stood in the
text of the will did not include this house' and singularly
enough the words "and my estates in Deirbyebire " were
interlined, and the T. B. against the interlineation in the
mar& was written is • very different hand from all the
other T. B.'. la the will. Subsequently a bill was tiled for •
specific performance of the agreement to convey. Marinate,
at the age of 16, rat off to Gretna Gras with the at of
Alecto, the spotheerry, was married, had two children, and
filed a bill against Mr. Blair in *Mot to establish the will.
A suit was instituted by Mr. Blair to perpotucte testimony.
Marianas and ebildren 'mewed off too ems, and her line
became extinct. Blair became bankrupt, and new trustees
wore substituted, and finally the Court of Changer, directed
this ejectment to be brought in order to try the validity el
this will.

It should be added, that it appeared from the thoss-
examinatise:olreveral of the witnesses that his brothers John ;
and Joseph inqueatly visited him and dined with him.
Malay of them admitted that he had beat always odd, soma-
trier, and slovenly ; some said they never heard him teach
the child anything improper, sad that the used not to say or
do anything wrong th his pnss.eeeand was under dread of
beiag detected in her shocking practices by him ; some
maw him sober—others never saw him drink ; some consi-
dered him a temperate man, sad saw no liquor in his hod.
room for mouths together—others saw it clasp; some
heard him cane or swear; sow thought him a tidy, proper
gentlemaa ; many who said all the ',Waal could dears
against him admitted that he kept excellent wines, and gave
very good diallers sad suppers. He once made a s"svant
prepare KIM waterhens, watch had been three weeks hang-
tog up, as if they were woodcocks, for supper, and the com-
pany were pleased with them ; but, as the deponent said. it
was not for the eating, but the drinking, they came. He
suffered much from the gout, and this made him irritable.
Such is au males of the principal facts proved by the plain-
titre witnesses, or urged by his cosset.
The ease for the deleodant war, that' the testator was a
man who restrained himself in company, but at home and in
private indulged in those passions and habits which he
formed at an early age, and st • period when society was in
• vary different state to what it is at present ; when those
habits of drinking and swearing were not confined to any
particular class, hut pervaded those Metier closes in which
his position entitled him to move. From the earliest period
he had been slovenly in drew, and eccentric and violent,
and especially addicted to wreak his anger on his domestics:
but no man was more shrewd in matters of banana.
He was a most active and intelligent magistrate, and in one
respect in advance of most other magistrates of his period,
generally making all his magisterial bridals returnable at
petty sessions instead of his own house. None of his brother
magistrates perceived any &hernia in his mental powers,
and up to the last moment he was as intelligent as ever. A
fortnight before his death he committed • man for picking
pockets in the streets at Uttoxeter, to Buffo? I, who was
afterwards convicted and sentenced to • year's imprisonment.
Several magistrates., Sir Thomas Shepherd, Dr. Greases,
Mark Anthony Waite, and Mr. Lae, who had been in the
habit of acting with him in the oommi.sith of the peace,
and who are now dead, and had been examined in a suit to
perpetuate testimony, had all considered him—though a
tittle odd, dirty, and eccentric—perfectly sane. Dr. Grease.,
the father of the present queen's counsel of the same name
on this circuit, who, as his lordship said, may probably be
Lord Chancellor one of these days, deposed that the testator
came to him two or three years before his death, and pro.
posed it he would enter into a nano of marriage between
his grand-daughter and his (Dr. G.'s) only son, both the
parties being then children, be would settle all his fortune
on her, ar.d leave her education entirely in Dr. Greaves's
hands ; but Dr. Grum declined the proposal en the ground
that he did not consider it right to enthral • child on the sub-
ject of marriage, or to enter into such a contract for persons
who were not marriageable--ihnagh if he were to have the
management of her edsoution, he would have no objection
to the marriage at the proper time. He added that he
knew him till within fourteen days of his death, and met
him at dither at private parties sad aagistrates' meet.
ings, and always considered that his manners were polished
and those of • gentleman ; and that though generally
negligent in his dress, yet at dinners and evening parties he
was dressed like other gentlemen, and that he was altogether
of • superior order of anapaest. That 14 days before his
death he called with his grand-daughter, and conversed fully
with Mrs. Graves respecting the education of his grand-
daughter, and 'elided him in taking the examination of •
pauper and making an order thereon, and that there was
nothing In his manner to indicate any change in his mental
powers ; sad that be was always of quick feelings, but n
so far as he saw, wild or violent. Sir Thomas Shepherd, who
knew him till within a few months of his death, and met
him frequently, considered him of sound mind and excel-
cellent undentaading ; and though he was negligent and
dirty in dress end in haw, sad eccentric in his appear-
ance,
duct, and heard him called " mad Haab,* ge," and
that the het time be saw him his mind was as perfect as
ever. A patinas named John Salt, of Uttoxeter, who
kaew /Ma for forty perk and had often dined with him at
his own Meth sad his (thaatoes) houses, deposed that his
habits he SNAG time WINO his death were not only as
cleanly as chase of Wen pathimen of his station, but that
he was Monad mind and aoderstanding. William Cope,
• labourer, who was la the habit of working Lr him up to
his death, spoke use to his perfect sanity, and proved
that the materess on to hone had been puled in 1814
The haus was hl with My through the door, and with
water hem the left. Jahn Salt, a victualler and guar,
deposed to the snake effect. Mark Anthony White,
Esq., a magistrate of Staffordshire, deposed to the
fact that so one could behave with greater propriety
than the teetaeor, who fulfilled dio dative of a magistrate very
well within the last two years of his life, and certainly
der the faf ; that within two or three months hie house
and plan wen Cry, sad his dress mon neglected than
fennel? ; that he dth not exude, • sound jungmeat in
the management of his property, as he allowed it to be
dilapidated; that his dress and manners were thorn of •
gentleman_, though his equipp was no suitable to his
statics. Several tenants sad neighbouring farmers, col-
lectors of taxes, sad others, spoke also to his sanity and
good manarrement of hie beanies Mr. Lee, • magistrate,
' deposed to the like effect; that he often dined and slept at
his house; that his habits were slovenly and dirty, but not
to an extreme extent; but his intellect was as sound as that
of any other person, and his habits in public yelp gentle.
manly. Mr. Simpson, • solicitor, of Derby, who knew him
from his earliest recollection, spoke toe @With: effect. Mr.
Whiston, another soliciter in Derby, said ha was eccentric,
but • perfect man of business; that in 1816 he transuded
some bather with him. Part of it was to convey the
equity of redemption of a house in Derby, and he managed it
with acuteness and discrimination, Another Witness, • far-
, mer, said ha was a little rough sometimes, but very sensible
A communal traveller, who knew him, said that when
dialog one day with hit the math gave him an uceivil
sneer, he Sang a leg of maths at the servant, but after.
wards resumed his geed temper. Another proved that la
Fathom, 1818,
_two months before his death, he conducted
himself very del at • party till about eleven or twelve,
r when he became ail and was obliged to send for a doctor.
A farmer, who took 130 saris of land from bits Indio May
prthedlng his death, at a rent of 6001. a year, said he ap-
Eared to ben very raked pedant*, and a good man of
minus. heather porton proved that within two months of
death ke received from Mar the pyaent of the Wont
I on a bed with has usual pasietaslity. • great mew of
bowels him sad thrives pietas with whoa
i Zraglai,'" up to a they *on period of his death was
I real, ea thew that there was not the slightest differense in
Wore sad afar 1816, sad that to the last he was
rft i Molars Issaisethas as in/fatly shrewd and mg'
,en soy gad. %said Is, and ildaisl7 the eserempoadenos
mane as pauss.apol 11400 i O. Up tp

sg. Ida, • few days before kis death, he kept a regular
ow of all Ms preessidage, aa4 neve sll his payments
wags Mend, eves the visits of his Meads, sad every feet
deal" I. wee lenteetent be snisld haw a messeendsm.
le them diaries make Wen fend to esneepead with the
cult Melee by Nee of the winsome; bat It wee initiated
Yen the ether side net the winsome bad previously heard
ed the shahs. On fast weaseled with then 'Whim was
accused se my matelliel by his Ilembh4. Time
_wee 12 of
same begs, sad he Siberia the sheweenslesi ie rate
when home ea Sanwa* alght, as time he mightualhge his
dandles ea &May, Ink through them. sad Mai sat if
seen entries to threw light es Se eattelltelf this
bat hatch that honed genheen hellbent
go beg is ptawned's, he made ali Whams Is them.
This wee cossidenit a seemenen aing hie
lassafty. From these is wee M
-selemiel
that the saddest is 1816 email produited w sish
east es him as the ?Ishii, preasedni. The winsome hg ,
the plaistil were spookily Wasted hen agegaget them Wm!
knee bean that be wee always itesestris. His smear
Makin. which were peed, exaggerated by the semen
oohed he the plaist24 hat 'soaped notice in the nanny,
bat wen Naar Ily soled by the idlers of Derby ; and bed he
sew gene there the will would Dot be disputed. He was a
mmmmeeyyrr to goat, and this would amount for many of the
sssedsMe serrated by the witnesses for the plaintiff. The
semi of the Wallies was • gross exaggerathn ; bat whother
mitegweled or sot. the torso hod biea treated Shia 1814
jam es he was Is 1818, The glary of the witness Slater, who
said the Wester &eked bin M have his service foe not graft
fete • psi ef wens te felt Ma, and Urea when be lode
eased bin M te seemenel he leavisg his sink*, sad to
be Imprisoned 28 days, was sostredicted by Ms demonise'
id Dr. Gnaws, who Mated that he waived • sees Yen the
testator, begging of the to tsks the depositing' ef his bailiff
spinet Slater, and that the testator afterwards peeved the
*barge, and he committed hie for the neve pried.
Toe sots, no doubt, complained that Slater had cons-
twitted " divers nischmeannun sad secirsaitles in kis
serviee," but that was as invention which any ma
might sae in • passion. As to Marisane's practices, her
to habits stipend to be the result of her penes
--des was throw. amnia depraved servants, and acquired
is. then, sad not from the testator, them habits and cx
premises dosed to by the winters,. But some of these
were peeved to have bees noticed before 1816, whoa the
plaintiff wandered hie sane; but several of the witaases
proved that the little girl carefully avoided letting him see
her do anything improper, and those for the defendant
would matins this view of the matter. From the earliest
period the testator was best on securisg to himself the
power of disposing of his property away from his family.
His father au ant dead • fortnight when he barred the
entail. He never seemed to have been quioi determined for
any Isagth of time as to how he should dispose of the ulti-
mate rounder of his estates. By the will of 1803 he left
le to the messed ma of kis elder brother; by that of 1808 he
dhosted Mom be he sold sad tbe proceeds to he divided
W nephews. By that of 1812 he dinned it to
lib= and the pretends distributed among his nephews
Mg Shah. By that of 1815 he left it to his nephew
sad heir at law; wad by that of 1818 he had sub-
stituted for this nephew his grandsons, leaving the dui.
mate remainder to kis owa right heirs. It was said
that it was idle to penned now that he was inane
from 1816 to his death. Ilia family were living in his
immediate neighbourhood. In Derby Pe had two brothers,
and nephews and nieces within • few miles of him.
His brother John was is the habit of swing and dining
with him nationally. Why, then, not vas oat a com-
mission of lunacy against ? This was a strong proof
that Ude pretence of his tenuity was totally unfounded.
Bet the tact of his eldest brother and heir at law confirming
the will, admitting that it was duly executed,and that thetas
tutor was of sound mind and memory, and restraining him.
self from ever disputing it, was conclusive. He 'twitted a
and to that effect on the 6th December, 1820, and thereby
pt the house at Derby ; and that deed of coofirmation was
peepared by his own solicitor, Mr. Lockhart, who was then
we of the meet eminent solicitors at Derby, and the present
plaintiff took a einveyanes of that hoist, from bit lather,
and had it now. It had been pretended that Mr. Blair
thee concealed the existence of the will of ISIS, but
then was a letter la Mr. Joseph Bainbrigge's oaw hand-
writlag, bearing date the 22nd October, 1818, to Mr. Blair,
is which he asked to see it. Thera wee no proof that Mr.
Blair did show It to him, and on this the jury made an
observation, but big lordship said the letter proved, at
least, that he knew there was a will of that date. It
was contended that there we. no ground whatever for
imputing such • foul conspiracy as that alleged by the
plainiiff to such a number of persons. Of the twelve per-
sons who were present at the last scenes of Ibis gentlemen's
life, ten by their oaths and acts ratified this will. Of the
five who attested the will and codicil. Roe alone impeached
them ; and was • man entitled to credit, who, after affirm-
ing by his attestation, so important • document, turned
snout and pretended he did not end• stand what he bad
been doing, and falsified his own deed t What motive bad
all these people for entering into this conspiracy ?
Hawthorn had been for years the family physician
of Mr. Beinbrigp, and was for that very reason fetch, d by
Roe. Alsop was an obi friend. Neither gained • penny by
the transaction, and both were honourable men, whose me-
mories ought not to be slightly japes:bed. Mr. Blair was at
the time of this alleged crime, it was admitted by the S.ll.
eitor-General, one of the mat eminent and respectable
solicitors in the county. He had through a long series of
years enjoyed the confidence of Mr. Beinbrtgee, and would
he sacrifice reputation, position, and all that was dearest
for the sake of having an exclusive right of sporting,
instead of • stare with two others ? West did
Allen and Rawlins pin by their machinations? Again,
it was said.that the testator forgave Arnold : that was
not so. A short time before his death, old Arnold, who had
first given him offenes, had died, and his executors had
locked up a gate against the testator ; and young At sold, the
husband or his daughter, had broken off the lock. this
pleased him, he sent for Arnold, and spoke kindly to him,
and saw him on several occasions. This softened his heart ;
and when he found himself ill he determined to leave his
mute, should his favourite Marianne and her issue fail, to his
other grandchildren. There was no pretence for saying Mr.
Blair gained anything by this will which could induce him
to commit the complication of crimes imputed to him by the
plaintiff. He had by the former will the choice of one of
the mansions, and Use right of shooting in conjunction
with his fellow.trustses, and the only tbing he gained by it
was this. Ills fallow-trustees in the fonner will wire
net sportsmen—thaw now named with him were sportsmen,
mid therefore he wished to secure the sale right to him.
self, and, therefore, is preparing the will at Uttoxeter, left
• blank at the bottom of the second pars which he filled up
when he had obtained the testator's permission to secure
this right to himself. That was the only motive he had to
enter into this horrid conspiracy. There was not another
blank in the will. It was on 13 closely written pages,
and with the exception of this one passage, all was in one
hand. There was not the slightest reason for supposing that
there was any blank in it when it was read after the funeral.
Not a letter of it had been altered since it was plotted. It
was seen before the humid by Mr. Ruetton, solizitor of Ut-
toxeter, who was thin an articled clerk to Mr. Blair, and he
wield prove that it was now in the same state it was then,
and that he, before the tumoral, made out two copies—one of
*Melt he would produw to the jury. Mr. Rushton didspeak
positively to these circumstances; but in cross-esamiaation
by the Solicitor-General, be was not able to swear that the
onpy which was now handed to him was one of those two
which he had made before the funeral, or that a third copy
had no; been made. It was, therefore, contended that Gen.
Ihiebrirge must be mistaken in what he fancied he saw at
the funeral. Another het relied on for the same purpose
was, that the very day of the funeral • copy of the wall was
given by Mr. Blair to Joseph, the elder brother, and keit-at.
law to the testator. To show that the tertator was neon-
Sled to the Arnold., one John Palmer, • blacksmith, de-
poied that • few month. tutors testator's death, he took a
setter from William Arnold, the husband of Betsy, to him,
and delivered it to him; that the teetator desired him to go
to the kitchen and get something, and afterwards sent a
memaze for Arnold; that Arnold went and saw him, and
that it was well known in the neighbourhood that having
once get antes to the testator, he was frequently with him.
Evidence at very great length having been adduced on
either side,
Lord Campbell summed up. If the jury were of Opinion,
notwithstanding the extravagant things which the testator
had dons, the habits he had acquired, and the many blame •
able feature, in his evades, that he was sone before big
ill-
tess on the 15th June, and that on the 17th and 18th he was
capacious of what he misdoing, and that the codicil and will
spoke his intentions, they should find for the defendant, but
if they thought he was lamas before his last illness, or if
they thought he will MU, but that during that illness
some fraud was practised upon him, and he did
not give dinettes, foe the will and codicil, then they should
find for the plaintiff. It did not sppear that there was
any ground for dating the supposed insanity from the acci-
dent in Amish, 1816. There was one peculiarity in this
case. Generally, when mull or insanity was in question,
wild and violent acts were sought to be explained by show.
ing that the party drank deeply, and that they were to be
attributed to that cant, while here the party setting up the
insanity gave evidence of exceesive drinking, and the other
aide denied it. In thriving at their verdict they would have
to my whether or not Major General Saintrigge was
leourine under some hallucinative as to what he saw
after the funeral. It did not appear by the will as it
now stood that there ever was more than one blank
in it, and foe that Mr. Blair accounted in a very pro.
ledge manner, as he thought, for he virtually had all
the nuts advantages by the will of 1816 as by that of
1818, except the excludes right of sporting. Ti, evi-
dent* of Mr. Rushton also, who saw the will before the
Cr, sad made two copies of it, went • great way to
tihat the gallant general had fallen into some mistake.
• strong improbability against the will of 1818 was, that
in that of 1808 he left his sister. Mr.. James. an annuity of
1001. a year, and by that of 1815' oas of 4001. ; and a short
time before his death he wrote affectionately to her, nolo-
leg • cheque for 1201., and yet cut her off by this without •
peony. *The change of feeling too with regard to the
Araolds was remarkable, but it was possible that at the
last moment his heart relented, and hie natural feelings
retuned.

The jury retired at halt past one o'clock, takiaq out with
thins the oodiail sad will and the diaries, and la about 20
minutes retuned with a ♦enlist for the platatid.

Posr-orrics Raroax.—Plans are organising in
various towns is the klaideaa fee the Joint putpote of d
away with the peewit postal Sudsy wmalatioss, aad to el
oba'-
tain &dovish. 1•01%11101•11011 fee the euhudiaate poet-dies
otaideria, is order to 15..,. thoir parnatteat eideieaey.

ACTS OP PAILLIAIIIIIT.—The number of publio ads
M oad la tais pesssat sessloa, Winding those whisk received
Ike royal asssat ea kooky. is 61. Pews, sets will bewared
skis semis, tam tsr sae r 4 yaw. la 1849 lb. ambit
soul was 111.