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

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT.—NorrntonAm, MAsca 11.

Chief Justice Cockburn passed sentence this morning
upon Rubere White, lace manufacturer, John Doris, his
traveller the former to undergo stz years' penal servitude,
and the latter four years.
The sentence of Francis Edward Sisipieg is three years'
penal servitude. _

CIVIL SIDI.
(Before Chief Justice Cockburn.)

IIIMBOLD? V. TOSTIATH.—THIS RANCLIIIII WILL CA/11.
Mr. Edwin James spurred for the plaintiff, and also Mr.
Biistowe and Mr. Field ; Mr. Macaulay. Mr. Serjeant
Hayes, Mr. Merewether, and Mr. Mills for the defendant.
Mr. Field opened the pleadings, stating that this was an
action to obtain possession of the nuiusion•house, park, kc.,
of Bunny.
Mr. Mar:salty rose to address the jury, stating that
although he wan for the defendant, it would be his privilege
Ant to address the jury, in order to establish the validity of
the will.

A braham Jenkins, examined by Mr. Serjeaet Hayes mid he
was a member of a tirm of Jenkins, Evans, sad Co., London,
solicitors of Lord Renal& and his family. He generally
a:tended to the business of Lord Rancliffe. He wee con.
netted in some way with Lord itiincliffe's family. In 1846
be received a letter from Lord Rancliffe. The letter was
answered the same day that it was received. He could not
produce the letter. They received a reply from Lord Ran•
cliffs on the subject of the proposed will and the trustees.
The letter was dated from Bunny•park. Ma lordship stated
in the letter that the result of • coavereation he had had
with Mrs. Harriett Burtt (the defendant), was that they had
named the Earl of Scarborough and Thome Cradock,
of Loughborough, as trustees. In conformity with the in-
structions of Lord Radcliffe, they consulted with • con-
veyancer. A draft was prepared, and nest by peat to
his lordship. About the 19th May, 1848, • letter was
received from Lord Rancliffe Meting that he thought
there wee no necessity to make any alterations in the will
except to insert Mr. Nicholson's name instead of Mr.
ersdoeles. In IMO be was as a visit to Lord Rancliffe at
Bunny, and bad a conversation with his lordship about the
will of 1845. The will bad been prepared on the suppoei-
tioe that Mrs. Burtt was a married woman, and that her
husband wee living ; and witness alluded to it, when his
lordship replied laughingly, " Oh, deer, no ; she has been a
widow these many years." Witness replied, "If so, the former
will has been prepared under • misapprehension, and there
ceases to be any necessity for trustees. His lordship said he
should not like to trouble Lord Som. rborough,and they would
dispense with trustees altogether. "AU I wish is to give
Mrs. Sued everything, sod in as few words as possible." He
then cleared that a new will should be made out. He re.
ceived a letter from his lordship on June 24, 1850, stating
that if witness were is Newington his lordship would like
to call upon him. He asked him if he bad hoard anything
about Lady Lyle, as Sir Richard borings had asked him
about her. He called on Lord Reneliffe, who wee
alone, and the will had boon prepared. He read
the will over before he signed it. Witness asked
his lordship if he had any Miser arrangements to
slake as to the disposal al his property if
she (Mix. Burtt) did not dispose of it. He replied that he
felt assured she would give the property back to his family.
The will wee them signed in the preeenon of wittier and Mr.
Gowan. Lord Bandit!e was a man powered of grand
powers of mind, above the average ; he had a great feed of
wit sad humour, he was a very delightful companion arse a
good story-teller. Witness did not remark soy alteratiosi in
his lordship's general manner to indicate that he bad MlS-
tabled a shock or change of his mental faculties since be
signed the will. Mr. (lowers, the clerk, had died before the
demise of Lord Rancliffe.

Crew-examined by Mr. James—Lord Rebell& had had
other solicitors besides the firm of which witness was a
mender; they were merely his London enemies. He maw
him in the month of December previous to his death.
He saw him in Loudon, at some hotel in Boad-street, when
Mrs. Burtt was with him at the time poising as Lady Ran-
cliffs. He knew that the legitimate Lad y Rancid's' was
alive at the time. She died about a year after the death of
Lord Raecliffe. He had heard that Mrs. Burtt passed as
lady Radcliffe in London. He did sot know if AO passed
as such in June when the will web made. Mrs. Berta bad
the custody of the document, " the will" of 1850, but be
could not my if it had been given to her by his lordship.
After the funeral Sir Cavendish Humboldt, Captain George
Levine, and Mr. Edward Levinge, were present when wit-
ness read the will made by his lordship to them, and Sir
Cavendish pretested against it.
Mr. James—Did not Sir Cavendish observe, "That
neither skiers, relatives. friends, tenants, nor even trust-
worthy servants, were mentioned by his lordship, but that
Mrs. Barn ems Se have all the property r
Witness-1 don't know the exact terms that were made
use of, but I know that he protested against the will in
very strong language. Immediately afterwards all
the gentlemen left the mom. Sir Cavendish remarked, I
think, that the will could not have been made with Lord
Rancliffe's full monist. Sir Richard Levinge was there, '
but witness could not say if that gentleman had been sub-
prosed on behalf of Mrs. Burtt on the present trial. Sir
Richard Levinge mid that if his uncle made that will
without being influenced by Mrs. Burtt it was a 'candelas
proceeding. Sir Cavendish Humboldt entered a caveat
against the will. Sir Cavendish died in March, 1883.
Witness did not know whether Sir Arthur Humboldt, the
plaintiff in the present action, had been governor of one of
the West India islands. He was abroad an 1853, and witness
did not know when be returned to England. Saw Mrs. Bart 4
for the first time in 1848. Witmer did net see her whoa
he bad prepared the will in 1848. He maw her at Benny
three or four days, whim he had bees staying there with
Lord Rancidity is Febnery, 1850. At that time Mrs.
Burtt took her place at the head of the table, and seemed
to be acting in every way as mistress of the hews. Captain
Loving* was the salt' visitor at Benny Wiles witness at