The Express.
London, England, 1861-02-11 00:00:00

MUM AND OT li EILY r. NIA MEMO AND 0TE1638.-SPECIAL

JUST.

The alas was resumed to-slay.

Sir H. ('sines stated that the next witness would have
been Mrs. Trahense, but it was impossible for her to appear
at present, on account of the death of her sister, -Min
Talbot, who had died in town yesterday afternoon, haviug
come up to be present at the trial.
Mr Thos. Goddard. of St Fagan's, had been the testator's
'Mate agent rune 185 s, but had known him 15 or 1G years
previously. Testator naked witness to manage his property
for him. baring discontinued the services of Mr. Halkett,
his previous agent. Witness put in a great number of
letters of business, in one of which the testator fixed wit-
nose's salary at 1201. per annum, to commence from Nov. 1,
Itol4. Witness was consulted by testator about some ex.
Semis* alterations which he wished to make in his house at
St. Hilary, sad for which he had obtained an estimate from
Mr. James, a builder. The deceased wished to live part of
the year at St. Hilary, finding us he did that Codriglan was
too cold for him in the winter. Had a settlement of
accounts with him on the Ist of November, 1859. Had no
reason whatever to doubt his perfect competency to transact
his affairs. The deceased's income arising out of the St.
Hilary estate was 680/. a year, and not from 1,700/. awl
1,0007. a year,
. . _ -

eMas-Ariainined—Mr. Traberne had nothing to do with
the advowson of St. Hilary. He only possessed one of the
two manors there were in the parish. He told witness that
he had dismissed Mr. Halkett because, that gentleman
baring removed to Swansea, it was inconvenient for him to
have his agent living so fat off. Swansea was 45 or 50 miles
from eoednglan, but there was a railway. The memory of
the deceased was very good, but he occasionally forgot the
aims of a farm or of • tenant ; but when witness mentioned
names to him he always selected the right one. In April,
1850. witness gave Mos Traherne notice that she most pay
the testator 40f. a year as rent for the manor-house at St.
Hilary. The testator said his sister was very well off, and
it was not right that any holding should go on as her tenancy
of the manor house as bad done.

Reexamined—This was after arrangements had been
made for the repairs of the manorbouse. It had been
arranged that a sum of 5001. should be laid out on the home,
so that 101. would be 6 per cent. on the outlay. MINI
Traherne said she was quite willing to pay the rent in
question. Mr. Halkett was about 70 years of age when he
teased to be the testator's agent. The whole rental of BS.
Hilary would probably be 1,200/. or 1,400/. a year. The tes-
tator was lord of the manor, and he always took a great
interest in the parish church arid everything connected
with it.

The Rev. L Thorns" bad known the deceased twelve
Jean, and bad been vicar of St. Hilary since DM. The de-
cowed was much looked up to by the parishioners, and tea-
salad in all local matters. In 1836 there was a scheme for
restoring the church, and the parishicsers put the whole
matter into the hands of the testator. The witness then
identified a great number of letters, some of which are no-
ticed in the report of Sir H. Cairns's speech. In one
of them the testator said he could bear witness to what his
excellent and revered friend the Marquis of Lansdowne had
done for the church in his own district ; and he proceeded
to criticise other political celebrities, but the passage was
omitted in reading. In another place the testator remarked
that the bishop (Dr. Thirlwall, who was present in court) had
preached for the Additional Curates Society, and that his
lordship had " quite erhamted the subject of the prop gation
of the gospel." (A laugh.) After the perish meeting on
the subject of rebuilding the churchyard wall, it occurred
to witness that the scheme would materially interfere with
the testators plans for restoring the church. The testator
had explained to him his grievance about the church lase.
He said his father had married a Miss Edmonds, who had
a joint inheritance in the whole of the St. Hilary property,
and that the tithes and glebe land were part and parcel of '
that property ; that his father had renewed the lease in
his own name, and had bequeathed it to his see by a Raced
• . Those were the lands formerly in the possession
of he lirother, and now in that of the defendant. The '
deceased was very much annoyed about the matter. He
aid be did not like litigation, but the property ought to
have been his by right. A letter written from Lord Caw-
doe's mansion at Stackpool was reed, in which the testacy
spoke in the highest terms both of the noble lord and hie
bow. He observed that his lordship was a model to the
aristocracy, for, with the exception of a few months in
Loudon, he plead the whole of the year at home
dispensing hospitality. He added that his lordship
was the Thane of Cawdor, and was related, on
his mother's side, to the Howarda of Carlisle.
He said that the Bishop of St. David's was "a bishop after
his own beast—not a low churchman." (Lawhar.)
[He also added some comparisons which were not real He
very much disapproved of the steps Mrs. George Traheme
hail taken in enclosing her husband's rave with • railing.
Ha said that the tomb was too large for any one family in
the parish to occupy, especially without a faculty ; and be
very much objected to the railing, which, he said, was as
innovation. It was, moreover, a very ignorant thing, he
said, to make it so near the church tower ; and that he had
known a tower cracked by such a course. He wrote to
witness, assigning to him the use of his faculty pew, and
dieseling him to keep it locked. He wee afraid that Mrs.
George Traheree, who had hitherto occupied it, might claim
it on the ground of long usage. He had received the pew
with his property. Witness at first hesitated to adopt
the arrangement ; but after some further conversation, ft was
carried out. Witness bad many opportunities of observing
his conduct down to the time of his death, and never deface
led the least sign of incompetence in him. He was alma of
cultivated mind ; but he bad many peculiarities. He was
very shy and reserved, and it required very close attestion
to follow his caivermation. Those who did not know him
very well might think that he was talking inoohereetly,
whereas he was really very clear and rational in what be
said. He would change hie subjects very rapidly, and not
always wait for answers.
Crowexamined—Witnean had summoned the vestry meet.
M. The wall was not in a very bad state, but witness had
observed one breach in it. Had never heard Mr. Talmo*
gay the wall was a disgrace to the parish. It was time-
worn, but unleasthe church had been restored it required
nothing but &little mending. The churchyard was beauti-
fully kept; and was planted with Sowers. Ms. George Tn.
herne's gardener kept the south side • and Mrs. Jobe Tra-
herne's the north side, which meta; larger portion. Mr.
George Traherne's grave was on the south side. Redhead
that some starving mountain sheep had got through the
hedge in the winter. Had given notice for the at
Mrs. George Treheme's instance. She had already Bedded
ou the whole plan. The testator bad spoken to witness about
the church lease before the unpleasantness about the vestry,
but be bad never till then talked of agitating the question.
The plans for the restoration of the church did not • MVO
from Mr. Scott till just before the tesiater's death. Could
not say bow that was. The memory of the deceased had
latterly become impaired as to names and dates. Mrs. Tra-
hems would sometimes supply his dairiencise, but not al-
ways. Had never said that. except an inexplicable and
remedies' irritation against some members of his family,
there was nothing particular in his conduct. Recollected
some word or expression suggested by Mr. George M. l'ra-
kerne, and conveying the idea that the testator's actions
were remarkable towards his family. Witness replied to
"Cerlaialy, if there wan no cause for them." Under-
stood the defendant to refer to his uncle's refusal to see him.
Did not think that it was remarkable that testator should
tan Mrs. G. nuns, end his sister out of the faculty pew.
Mrs. G. Tethers* sheered witness a letter in which the tes-
tator asked her for the name of her solicitor, as he
intended to take mamma with respect to " the St.
Hilary inroads." Could not exactly ay what that
meant, but supposed that it referred to the
church lands. Saw the deceased ten dam before his death
—he apparel to witness as if he was breaking up ; but he
seemed perfectly conscieus of what was god ea about him.
Had never said that he was not. Mr. G. Traberne asked
wham if he bad not told Dr. Bailey that his uncle was
breaking up, bodily and mentally. Witness replied, "
Ca-
tainly not mentally, nothing of the kind." Never told Mts.
Bailey that the testator was scarcely conscious. Might
have told her that be was news sleepy than usual. Did not
epee to appropriate the faculty pew till witness had heard
that Mrs. George Traberne acquiesced in the arrangement.
Mr. Wm. Parry James, of Cardiff, builder, described the
business transactions which he had had with the deceased.
Mr. Trailers)e appeared to the last to be quite competent to
understand his affairs.
Mr. Edwin St John, of Oakley, Northamptonshire, who
had known the diceass4 12 veers, said that Mr. Traberne
lad told him that the Sandersons was an old Glamorgan.
shire family, end that, as he wished them still to have a
stake in the county, lie intended to give Mr. Sanderson •
smell property.
Croes-examined—Mn. Trnherne was a connexion of
witness's wife. Mr. Trabeme had never before talked to
witness about his will, but he frequently did about Ma
affairs. Never witnessed any unseemly exhibitioa of
meor excitement on his part, but had seen some irrita-
y. He had of late been oblivious of names and dates.
He was a man of an intellectual mind, and his thoughts
seemed to go faster than hi, powers of expression, so that
one subject would run into the other, but all he said was
well worth brewing. He was nervous and talkative, and
persons who did not know him might take that for want of
courtesy
Here • juror asked if there was any necessity for hearing
ane more evidence.
Sir C. Cresswell—lt is probable that there is a large body
of evidence on the otber side.

The Jury—Well,we have heard enough on this side.
Sir C. Creswell—You must not form an opinion at this
early stage of the case.
The Rim. C. Lewis, another Glaraorganshire clergyman,
said that the deceased visited him a few days before his
death, and conversed with him for a couple of hours. He
rams to see witness's church, the tower of which had fallen
;lland which witness contemplated restoring. Be
of the antiquarian researches that wore going ea in
Monmouthshire, and remarked that many valuable mann-
scripts had been preserved in duplicate by an excellent ow
tom which prevailed in the siddio moo of setting tior

younger members of families to copy as an exercise any
documents of which they might have some into possession.
Cross-examined—He was peculiarly courteous. Never
heard a rough or profuse word from bou,
The Bev. Thomas Stacey, of Cardiff, precentor of Liao-
daff Cathedral, ELT, 11/0011aT evidence. He appeared very
indignant at people saying that be was insane because be
bad given a sum of money to Bishop Grey fur his missions.
He told witness that he intended to leave witness's son the
next presentation of the living of St. Hilary, but could not
say whether he afterwards told him that he had done so.
the court then rose.