The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-01 00:00:00

11•Intyre was released two or three days after bit Thomas
Maitland arrived.
By Mr. ATTORWEY•OZW7:IIAL...-1 don't think I could take
upon toe to swear that the cc:: is not 25 feet ; I think that Is the
inmost of the outside. Ido not recollect a ventilator above the
door.
Ite-examined—l think the inside was only 14 feet.
Sir Robert Travers—l was in command of the 10th, part 0'1319.
M'lntyte was serjeant i I remember his confinement in the prevote
eller the resin-martial. I saw hint there once on the 3d or 4th of
July, at 12 o'i lock. The door was shut. It was very warm. I
don't know that is I was not present, at giving order tot his con-
finement I did DO: order it. I should thiaklbe could not be con.
fined amending to discipline, except by me or the Governor. Ile
might be confined fora moment, but a report must have been mode.
General Lnysid must have been acomeinted with his rontinement;
)'or reports are always made to the Commander-in-Chief. I have
seen the Genetd several times during the imprisonmera. The sub-
ject of ill'lntyre's coefinemeut was talked of. I have no doubt the
subject was mentioned, but Ido not recollect the particulars. I
..111111a-
remember Mts. Ill'lntyte conning to me and begging my interfem.
mice for him with the General. I did make akilication for him,
Mt ft was through Colonel Rate; the General was in the country.
The paper given me by Mrs. M'lntyre might or might not have
Tracheal the defeinffint. The tpplication was through the -idjutaset-
General. .
51r.Baororsm then put in the Interrogatories and answers that
hod been taken by the Cmuntiodon to he read—but
The ATTORNEY-GrxtnAL objected, on the ground that one
of the persons who had been examined. Colonel Rate, 'was the de-
fendant's witness, end who bad been cross-examined by the plain.
tiff; whereias it was optional with the defendant whether he would
use that gentleman's evidence.
The Loan '.'star JreTICT said he was not aware at that mo-
ment of soy authority on the point, but would reserve the objection
ff the Attorney-General wished it.
The ATTORNEY-GI:MEDAL said he had no desire to come to
Coon aseeond time on this question, and he would therefore waive
his objection.
The evidence of Colonel Rate was then read, from which It
appeared that General Layard had ordered the arrest and impri-
sonment, and that the reason was to prevent any communication
between el'lntyre and Major Trlckey, who were believed to have
conspired in the issue of the pork from the stores. Major 'rickey
resigned, rather than :and a eourt-martial
Tent was the elaintiff's case.
The ATTORNEY...GENE:IAL addressed the Jury on the port of
the dere:Went, rid began by expressing his conviction that they
would decide meoeding to the evidence, and net the inflamed and
eseggerated statetbents cf Mr. Brougham. The case was defended
by those who were law officers under the Crown certainly, because
behead Layard, who had served for :el years in Spin and various
other planes, was now absent on the public service; but if any one
supposed elist, should demages be given, the Treasury would pay
it, berms greatly mistaken. The plaintiff's cluvacter had been
good, and therefore he had been promoted ; but he lent himself
probably to the temptations of Major Trickey. It was not because
Major 'rrickey eras superior in command, that a fraudulent collu-
sion could he justified. The plaintiffbad turtle an over-lssue of beef
satinet iuthority, and be had also withdrawn beef and substituted
unwholesome pork. This vas done in the absence of the officer
whose dutv it was to inspect the provisions. They could not sup-
pose that :INT:tyre did not dative advantage front this fraud. TM
mem had become outrageous at this food. The plaintiff was found
guilty, and degraded. 11Thee the defendant arrived from Ct-
' phalonia, he found the Film still dissatisfied. A Court of Inquiry
vas instituted, and the reit& was, a determination to bring
Major Triekey to a reart-mertial. Major Trickily was a man
of influence. lie was pat under attest, but who, rather,
than stand a trial, had resigned all his commissions, to avoid
the jurisdiction of a court-martiaL There were strong ap-
peehensiors that 31'Intyre would be trumpeted with, and in order to
prevent that, he was put under confinement. Even iu this country
there were some instances of witnesses being thus confined where
hampering was apprehended he dial not say whether lawfully or
. The plaintiff was treated during his confinement with all the
levity consistent with the object. Ile admitted that the verdict
bust go for the plairitiff, bat he would show them that the most
temperate damages would satisfy the este. The Learned Gentle-
man then proccemsl to comment on the circumstances, in order to
~bet
show the mctives and the character of the whole transaction. He
' had the same rations, and all the allowances the same as if he were
in barracks. Khan ill, the surgeon attended him. A pencil note
was seized In course of conveyance by Mrs. 31'Intyre, and that was
the reason for the vigilance exercised when she saw him. Accord-
ing to SPlntyre's own statement, he preferred this confinement to
being at lar;e in the barracks, where the men would be always
down upon him about the stinking pork. Still their verdict would
be for him. Let them give such damages as they thought he was
entitled to. Those damages would be paid out of the pocket of the
defendant, and not from the public puree.
The Loan Curer .lusvrcE, in summing up, observed, that
one topic had been adverted to by Air. Brougham—that this aetlos
was defended by the efficient of the crown, and that the money, If
any were given to the plaintiff, was to come out of the pockets of
the public ; this had been denied, and, as lie thought, very properly
so ; but, whether the money was to come from the defendant or not,
it ought not to make any difference in their verdict. In cutting the
nature of the treatment of the plaintiff while in confinement, and
the o otere that had been assigned for putting him under such GOO.
&anent, his Lordship remarked that it had been admitted that no
motive could justify the act; but, observed his Lordship, there
certainly hare occomed cues in this country in which such mea-
sures have been taken, where the witness has been supposed liable
to be tampered with, Wearied to remain at large. Ile would not,
however, give an opinion, either way, as to the legality or illegality
of inch an act, lest his words should he miacoostrised ; be only
stated that such had talten place under hii observation ; and it was
for the Jury to say how much sec a course, known to have been
kaput NM-teary; theitaind of she pro-
- ..
called

Rent defendant.

act for which he Is now

Von AP pay daaM6ea. 191 eatrivaidng the damage•, they would
allow them to be the reeult of a calm and dispassionate considera-
tion of all the circumstances that had appeared before therm in
evidence.

The Jury consulted about five minutes, and returned a verdie
for the plaintiff--Dsmaires
This was the only defended cause tried to-day.;

PREROGATIVE COURT.

BELL T. ARIKSTP.OXO.

This cause respected a will of William deceased, who died
In July, 1818, at a place called Nunnery, where he had lodged
and boarded, with a Alr. and Mrs. Saunders, for a year and a half
previous to his death. After Mr. Dell's decease, a suit was com-
mented concerning a codicil, which bad been executed where he
lodged ; and this suit terminated in favour of Armstrong, who
therefore took probate of the will. The deceased's brother was a
farmer, residing a considerable distance from London; deceased
had been a tidier, anal in that capacity had amused a fortune of
17,060 i. Armstrong had been employed by him as a stock-broker ;
hut it did nut appear there had existed any acquaintance b.rtween
them beyond that which of necessity would appertain to a coterie-
pondenee on busineee. The deceased was between 60 and 70 years of
m,te; in 1015 bit spirits became much depressed, mad lie laboured
under general debility. About this time a Mr. Good was applied to to
draw up a will. One party had stated the deteaaed hart previously
made a will in his own hand-writing ; and a copy was introduced,
which, it had been alleged, wes taken at deceased's desire, in case!
his wife, who was not sane, should get at the original document,
and destroy it ; but the original instrument was not forthcoming,
nod the copy, which appeared at a late period of the cattle, came to
a very suspicious way. Only one of the witnesses to this will was
brought forwent, and this was a baker, who said he was called in
one morning by deceased to sign something, the precise tenor of
which he could not describe. This was the whole evidence as to
that document. In 1016 deceased was attended by Mr. D'oodham,
an apothecary ; who stated, that about this time deceased had ac-
quired some eccentricity of manner, which was attributable to
illness ; and in the month of March, he was removed into the
country. Deceased, in December, appeared deeply impressed with
a notion that lie was getting in distreesed circumstances—generally
one of the earl est characteristics of a mind breaking down. In
January he becalm childish ; would sit with the same paper before
him for a month together; he wss dirty ; the saliva ran involun-
tary from his mouth ; and he exhibited- other symptoms of decay
both of body and mind. Mr. ‘Voodhani had then said of him,
if-he gat Into she lands of deigning individuals, they would do
with him what they chose, and he might be hiders- o.m leave them
the whole of hit property. Ikcessed's imbecile state had Leen
corroborated by numerous individuals, some of whom had gone to
pay him tittle rents, but considering hint in an unfit state to trans.
act business, had returned without executing their lin:Mon. On
one of these oceasionseleceased had given a receipt, after some delay
and strange conduct : and it had hem argued, the deceased might
have been occasionally in a sufficiently sound state of mind
to execute such an instrument; but in these cases the teems
pro'osdi was shifted, and it seated with those who were to benefit
by the will to same Inch instrument had been fairly executed.
'Where validity depended upon capacity, there was generally
much conflicting testimony. The defendant,. however, in the
present cause, had not ventured to plead general capacity, but had
produced testimony only to the ikelion of the will itself. Alt
Armstrong and Mr. Saunders centrieed to get deceased into the
country. On one occasion powers of attorney were prepared in
farin' of eperson named Harding, to remit& dividends, when, to-
the credit of Armstrong, he wrote to deceased's brother, desiring!
him to corn! to town, to`protect Mr. Dela preterty, for he col-
eidered him in nit unfit state to manage his own concerns. The
beothet did' not t ome ; • and Armseronq subbequently wrote in it
different wain, to say Mr. Bell's health vies materially
proving. The deceased was then removed to the house of Ssundcra,
where, it had been asserted, a Mr. Good was called In to',
execute a document, which left to Mr. Armstrong the bu;k
of deceased's property, and made that person residuary IoH
gaffe. The wife, unitr this document, being entitled only
to an annuity of 200 L; the brother, 5001. ; Harding, 360/.;
Saunders, 1,001, fee. I'nrier there circumstances, the Court, be-
&re it could deride In favour of Armstrong. must he fully satisfied
the deeeuad, when he trawled the document, was in full possession
of his faculties, and that something inure than s mere acquiescence
had been given. One extraordinary feature was, that the document
did not go to Vie whole of Mr. Hell's property, some stock having
been entirely, overlooked. Saunders and Armstrong having a dit-
feigner, the fanner sent for a Mr. Smith, to prepare a codicil, in
which these individuals changed places--Awmsttor.g was allotted
the I.BOOL, and Saunders became residuary legatee. This codicil
was Ltigated by Annstrong, on the ground that circumvention had
been etaploy.et, and the Court decided in his favour. Three
ninths after tire fratnieg oftheirill, the codicil was found, and Mr.