The British Press; or, Morning Literary Advertiser.
London, England, 1821-09-03 00:00:00

CORN WA LL ASSIZES.

BOOMIR, 230 AUGUST.
SYMONS AND OTHERS V. TUCK FR •N D OTHERS.

This was a rare of rjectiorat of the 4 luieresting and
important cloture; and from the eiresinistancer attending it
may almost be considered a. burdernie upon the romantic.
It occupied the Court fur muir than six hours.

Mr. ADAM.. in • very able •nd most eloquent speech,
opened the case for the Plaintiffs, mid stated the present
action to be fur the recovery of au estate in this county,
known by the name of Halt, of the yearly value of at ken
1,2001. at premed in the pt* ion of the Symons' family, •
who for the last eights-ea years had contistued in pus
session of the property. In 17641 Mr. Symous, greed-
father of the present claimant, died, leaving his pro-
perty in tail, and also four children, William hymen., Ni-
chols, Symons, father of the present claimant, and two
daughters. William Symons succeeded his father, and
enjoyed the property till the period of his decease. Ni-
cholas Symons, the sccoad son, was placed as au appren-
tire with Me. Itasliti-izlt, soliritor, of St. Auntie. There he •
happeued utifurtunately to Gina an attachment for • girl,
beneath his situation and mono-eta in life; and, therefore,
however deserving she might be its other respects, it was an
sttechosent which was discouragid, •s being contrary iu
the desire of his friends, who no doubt wished for him so
alliance in a superior rack of society. In 1782, about the
Latter part of the year, lie went to London ter be admitted
rt, au attuiney. The dissent of his frieitils to hie fond at-
nehment weighed heavily upon his mind—and about De-
cember Mr. Raribleith received a letter from him, stating
how much that circumstance affected him, that he was the
must miserable of min, that lie knew not what to do or
where to go; that in consequence of his conduct he retold trot
think of what bad be en once proposed (that of elites ing into
partnership with Mr. Raslileigh),•sod that be fraud lie should
never make up his mind to salmi into Coins/all again.—
He intimated that be would write to Mr. Rashleigh again in
a week or ten days ; hut from that period he disappeared,
and nothing mote had been heard of him nulil the present
time. Now it happened that about this time a certain per-
sun,quire a stratieer, appeared at Liverpool, enssering in
every respect to the stature, complexion, &r. &e. of this Sy-
mons, and there hr continued to drive a hackney or stage-
coach, under the name of Nathaniel Sherwood, until the day
of his death, which happened, the Learned Counsel be.
tiered, in 1802, when lie was accidentally drowned in
the ferry-boat, while crossing the River Willey. This
Sherwood married in Liverpool, and William Sherwood,
otherwise Symons, the present claimant, is his eldest
sun. Ile would prove the identity of this Nathaniel Sher-
wood, and would produce witilesoes hum Liverpool to
swear to the heielit, appearance, &c. of Nicholas Symons;
he would also produce faintish oitnesses to prove that
of Symons, which would be futon,' to be the same,
nod uoulil then prove the hand-writing of Sherwood
sod Symons to be that of the same identical person.
—After the death of this Nathaniel Sherwood, there was
finord in a trunk belonging to the late Nathaniel Sherwood,
Itwo eertifieatis of admission to practice as •n attorney,
under the name of Nicholas Symons, of St. Austin, gentle-
moil. SUMP Ohl' pliers were also found, bring accounts
between Syrn,ms and his mother, and which mistimes
would prove to have In-en a rittru by the same. Ile would
pros e Alio that Plaint ill 'a (-harken were called by the same
Home ns that of N. Symons 's family, and that lie held his
birth.rlay un the some day. Hefter thus pruviug the rx-
traordinuty disappearaure of one man, and the strange ap-
pearance of the oilier, after proving the likeness of the two
mcn, after proving in a positive matinee slat writing to be
the sante, lousing those certificates of this N. St stuns to be
found in the 11-Ittst of Nathaniel Sherwood—to what con-
clusion must they lead, Lot that Sherwood and Symons
are tiresome man; aud if all this can be proved to the
satisfaction of the Jury, however ',violist to their feelings,
they must then decide that the Harold*, William Sherwood,
is the son of this Nicholas Symons, end entitled to the pro-
perty of the estate. Mr. Adams concluded a must able
speech by proceeding to call his witnesses, and stilistangate
by evidence the leading facts which he had stated. When •
the veldt-tier had beet* gune through, won which we have
not spare to enter—

Sericite, P►LL, for the 13.-fendauts, commented npo•
the improbability of a renew thus rentsining away when
he bad such estates, by the demise of his Mother, or that he
would choose so public a place as Liverpool to conceal him-
self; he also commented upon the fallacy of trying to esta-
blish • e Aim •f kind by refcri nee to hand-writing
oily; and said that • single doubt remained on t►e minds
of the Jury the Defendants were entitled ►o a verdict. The
Learned lleijeaut spoke for urns ly ao hour soda half, and
urged his points with consummate skill anal ingenuity, eon,.
meeting severely upon some mots of the evidence, which be
said looked like rouvpireey, and insi.ted that the Plaiutiffs
wield to have proved an almost impregnable case to entitle
them to the verdict of the Jury.
sir. Justice Bi' in slimming up, said, it would he for
the Jury to consider all the &Milli' circumstances of the
case. He disagreed in opinion a ith Si.rjestst Pell, that the
Jtiry were required to pronounce for I/dem:ants, is ease of
the heal doubt. They usual place the coconut toge-
ther, and find fur that party which in their opinion was
justly entitled to their verdict. With regard to a case rest-
ing upon the comparisou of handwriting, there were many
cases i• which life even had Loot lust ill this way; and it
the testimony which lied been produced was not credible, he
scarcely knew what was safe. The Counsel for the Defen-
dants had seemed to Bud some little variation in the hand-
writing of Symons stud Sherwood ; • man's haud.writiog
might alter • little with age, and appear au on being com-
pared by the eye of a stranger; but it was those ouly who
had been accustomed fur so long to sec him write, who could
he deemtd competent judges of the fact.—Predict for the

Mr. ROWLAND HILL of ti.wkstone, Shropshire,
is expected to offer hintedf a candidate for the
seat in the representation of that county, vacant
by the devtkuf Mr. Corsi. Mr. HILL is at pe-
seta on the Continent.

... -

FROM SATURDAY NIGHT'S GAZETTE

MILITARY PROMOTIONS.

Coomistions signed by the Lord Lientineoal of the Como,'
of Clackinatiaa.
CI ieltsseatiatiebire Militia.

JAM'S William Twin, Esq. to be Captaiti—Aated July 10,
1821.

Clack=

Job. Tad, Geld. to be Second Lieutenant, vice Stein, de.
craved—dated as above.
William Geddvv, Ge 01.., be Cornet, vice Tait, p►omoted—

. _
tinted as above.
COlSMoishiolla is the Derbyshire Yeomanry Cavalry, signed
by The Lord lienterourt of Iht rornly
Cornet Reginald Chsiichis Pule 00 hr Lieutenant, ♦ice
resisted—d .ted Arent 9, led I.
John GeII, Gent. to be Curuel, vice Pule, prumutedsssibr...l

as above.
The Rev. William Sitwell to be Chaplain, vice W:linut,
teased—dated as above.
Commission In tke Northern R►giment of Narthomhertie
Local Militia, signed by the Lord Lieutenant of
County of N or t
Henry Coiliago wad, Esq. to be Lientruant-Colonel--tlait.l
Janie I, 18.11.