The British Press; or, Morning Literary Advertiser.
London, England, 1810-07-13 00:00:00

ADMIRALTY COURT-OLD BAILEY.

Mr. Baron Woou presided at this Court, which
opened yesterday.
The Captain of • vessel, charged with ■ scanda.
lous offence, put of his trial, upon the tuotiou of
Mr. GLIADI4

The affidavit stated, that two Lithe* of respects.
blott , resicLug at Liverpool, were necessary wit.
nes,es, and unit their presence could net be ob-
tained upon the trial.
The trial stands over until the 47th instant.

It is reported Vast GIAT4VI3 ADOLPHUS, the
deposed King of Sweden, has made his escape
from Seritserland, tearing his family- to the care of
his fetner.su-law, the Elector of BADER. Accords
ing to uue account he has re& ehed the &Wit!, and
is on board the flat; ship of Adusiad Satutaam
Another versum oh the tumour is, th.t hr had u ly
got four days stsrt of his pors,um, and is $„11.0,4
to be an Lis t.s) to E' glsod.

,URT OF KING'S' BENCH, IRELAND.

LESSEE OF Tilt SARI. OF ORMUNO AND IDS ULU,-
Tass, e. THOMAS LALOR, isQ.
This long-contested trial, lay ejectment, has at
*ngth roce!ve,l its final decision. Few legal con-
tests of the last :NI) years have excited such general
interest, .Reber for the importance of the questions
at law, the situation of the parties, the obstinate
duration of the struggle, or the great value of the
matter in question, involving no less an issue than
whether toe Earl and his trusters mould break al-
most .ii i the leases made of the Ormond estates by
his lather and grandfather, during nearly 30 years,
in the district uf Kilkenny and Tipperary, comput-
ed at a value of 25,0001. yearly, and upwards.
,This great cause lies been twice solemnly trieJ,
first before Baron Sinith, next before. Lord Nor-
bury, be Juries of the first rank and fortune in the
county of Tipperary. On both occatiMpe, the ver-
dicts were for the tenant, Mr. Later; in the fist
instance, with the approbation of Baron
the latter, against that of Lord Norbert'. The
first verdict was art aside by the Court of King's
Bend), after long and solemn argument, upon the
ground of some evidence, not strictly legal, having
beau admitted by Eisroii Smith, upon the trial at
Clontuel. The second verdict was now sought ti
be else set aside, on the part of Lord Ormond, as
being contrary to law and evideucei and the facts
were briefly these:—
In 1754, John Butler, Es q. of Kilrash, devseil
Isis great estates (including the nrentioes in stiv—
tion) to Walter Butler, of Carryricker, for his life,
with remainder to John Butler, his son, for his
life, with remainder the issue of Jo 4n (eyeing
the present Earl), iu Uul, and several other limi-
tations.

The ether part of *he will is very material to
the atoestion—it vas the leasiug power, a hick
was far three lives, or Sl years, at the improved

He died in 1766, confessedly much impaired in
mind and body ; and the prevent Ormond family
have ever once enjoyed the estates, as was imh-
licly mild and believed, under die will of 1734.
(which was proved in the Prerogative Court, with-
ont opposition), and they have, uniftsrnly, from
1746, to 17916, executed leases of there immense
inheritances, in the usual trimmer, for three lives,
OT 31 years. The Defendant, Mr. I.alor, being
the resident tenant of the lands of Clegg, near
Carrick-on-Suir, took a lease of those lands for a
term of three byes, II) 1788, from John Butler,
the late Earl of Ormond, and father of the present
Earl.
In 1805, the present Earl having become deeply
embarrassed, assigned these, end all hisother estates,
to certain trustees, namely, Messrs. Price, Clerke.
Charles Butler, Moreland, and Hone, for payment
of Ili, debts, and of a certain anowity reserved to
himself.

These trustees shortly afterwards announced their
intention of impeaching all tier antecedent leases,
alleging, that John Butler, of Kileash, executed
another will, in 1764. shortly previous to his death,
and that, under this will, the leasing power was re-
stricted to 21 years only, although, by that of
1724, the leasieg power extended to three lases, or
31 years. They served numerous ejectment% ac-
cordingly, and the question finally turned upon the
eianity of the Testator, in 1764.
William Berke, one of %be subscribing-witnesses
tothe will of 1764, proved i•s due execution its bit
presence, at the house of Mr. George Brywo, at
Hampstead—hut never did the testator utter a
word ; he expressed himself by •itros and nods.—
'The witnestrwastold by the Solicitor, Mr. Kilmer, in
coning away, that it wes a mere family trans ictieni,
and wonid never be qiiestioned. He sow the tes-
tator very feeble, aid reduced in his appearence.
Several gentlemen who had seen Mr. Butler
shortly afterwards, at Kelc•+sh, testified many cu-
-1101111 virtienlars, respecting his dotage, and en-
feebled ',hue of mind and body ; amongst them was
Sir Wiliism T 3 irker, Edward Hunt, Esq. Pierce
O'Donnell, Esq. and others.

An attempt has also Bern made upon the fir.!
trial to impeach the lease fur under-value;. rind it
was proved that the soma identical rent was re-
served upon a lease of the lands in 1769, to Mr.
Lalor's father, as was respired for Mr. Ulm him-
self in the lease of 1788; but this objection only
elicitol most conclusive evidence of the h;story
of the value of lands in Ireland, by whi. h it
appeared, that lands had 'declined in value by
reason of the American war. between 1783 and
1786, 10 so low a rate, that they had not, until
1790 or 1792, acquired the *crumble rate they
fetched in 1769, and thence to Irs, and that,
therefore, the identity of rent in those two Yeats of
1769 and 1788, was perfectly con►istent with the
fact of identity of intrinsic value in slime two years.
The Jury, composed of aged arid intelligent iawntle,
men, were so perfectly aware of this piece of history,
that the objection was, upon the second trial, dis-
tinctly and handsomely abandoned in open Court,
by the Solicitor-General, upon Lord Ormond's part.
However, Lord Ormond's Counsel rested the
strength of his case upon a piece of evidence newly
discovered, which they insisted upon es co•clusive
in • Court of Law, and as estopping Mr. ',aim, and
all other tenants deriving under the lair Earl, from
impeaching the will of 1764. This was a &crew
of Chancery pronouni ed in 1783 lied 1790, indi-
rectly establishing this will in • family suit, anii-
eshly instituted and founded upon a previous writ-
ten agreement of 1781, touching the payment of
►orur legacies specified io the will of 1764.

Co 00000 el fur Defendant contended, however, that
this decree was nothing but en antictible one, arid
unou'emisent—that it did rot directly establish the
will of 1764—that the probate of the will of 1754 re-
mains unrrve•ltrd to tint des —that the will of 1764
had sliver berg proved in the Prerogative Court, or
pubLr•ly prodored until of late days—
that the decree of ►;tt.; did not estiMish Ike will
directly, as the late Eli] Imetielf„. and
much leioi sn iigrinid Mr. Labor, his tenant; and
that. even if it Intel, it is Dot csscl•tire in • Court
of Law, inasmuch as 110 dive* or o Court of
E'rt")• lin.etter direct, •.an Kiv► • legal lisle to
lands, Of get btlMre Ise tern aroma tli• per•nll ur
parts, hr.n.entgelhng1 • in rusivey • legal title,
which the deerve has not .time.
Iligare aril some tither ',portant questions in

this cause have aUdergone divers puldie sod learned
arloiments (hying the last two yenta.
Chief Justice Dewu Es this day read the unani-
mous opinion of the. Court. He stated live ten
quesliotis in, the case :—lst, upon the point saved
respecting t!te conclusiveness of a decree of a Court
of 1.7...iu,ty the valtdity of a will impeached at
law t. r on a full and luminous sroment
Lordship decided that spch a decree is not t 'in-
clusive—that a Court of Equity does not pow's,
en original, and therefore a concurrent jarisdit thin
upon this subject; and that its decree, even if it
had established the will directly, and not merely by.
influence or argument, could only do so in a Ciiiirt
orrquity, and uut at law : that it giver no legal
r.
. . .

His Lordship pointedly adverted to the hazards
to property. and the inconvenience to the general
administration or justice by Courts or Law,• if de-
(lees of Ciiiirta nt Equity could bestow a title in
vie< tin:•tit, dud declared, that in all his expurience,
and throughout the JJJ J iutebt search, lie had traced
of such a doctrine being held or laid
down :is was here contended for.

Th, second question arose itimot the motion for a
new bi.a, as brink contsury to the %%ei;;ht of eti-
deoce, aid to Lord Nurbury's earnea, charge sod
dirt elioo.

" Upon tin; part of the ease," raid bin Lordship.
" i need say but little. The truaisactiou is now
tears old, confirmed by the uniform possession by
the truant, Mr. Lam.. It has snithstuoil a revere
scrutinv, and has been Is ice iii7entiguted—and
(abut VI important) the dealing between the late
John nutter and Mr. Lnlor. concerning thin lease,
was perfectly fair and et a reasonable value ; no
imputation sin lie upon it. He could not easily
have heard of this, alleged will of 1764. Had he
resorted to the records, lie would not have found it
registered ; but he would have fouled tl.e will of
1754 proved in the Ecclesiastical Court. The
only trace 'of the will of 1764 appears in the equity
proceedings and decree or 1785. Ile must have
examieed these very carefully. and even then, he
might have thought it was a decree never owtest-
NI. It was, therefore, a yiestion for the Jury.—
There was evidence on both rides. ‘‘'ltichever way
the et/Ocoee may have preponderated, the Jury
were to decide. rimy have decided is the Defend-
ant's favour, and there it must rest. llosnever. as
Lord omiond has been encouraged by the opiiiion
of the Judge (Lord Norburv) to apply for this twit
trial, we cannot give the rusts of the argumvast
agaiust hint ; but an to all the other (.1)81,--.-:110,e of
the trial, verdict mud judgment, and all the part
of the costs which relates to the urgument upon
the point saved, all such coats tilu•t he fully peal
by Lord Drumm! to 11r. Lalor, the. Defendant, and
accordingly let Lord Ormond's motion for u new
trial be refused with such vista."