The Sun.
London, England, 1830-04-21 00:00:00

KINMONT WILLIE.

An incident took place in the beginning of
the year 1596, which had almost renewed the
long discontinued wars upon the border. Ex-
cepting by the rash enterprises of Bothwell, these
disorderly districts had remained undisturbed by
any violence worthy of note 'since the battle of
the Rcedsquair. Upon the fall of Bothwell, his
son-in-law, Sir Walter Scott of Buccleuch, had
obtained the important office of Keeper of Lid-
desdale, and Warden of the Scottish borders
upon that unsettled frontier. According to the
custom oft be marches, Buccleuch's deputy held
a (lay of truce for meeting with the deputy of
the Lord Scroope, Governor of Carlisle castle,
and keeper of the west marches on the English
side. The meeting was, as usual, attended on
both sides by the most warlike of the borders
upon faith of the usual truce, which allowed
twenty-four hours to come and go from such
meetings, without any individual being, during
that short space, liable to challenge on account
of offences given to either kingdom. Among'
others who attended Buccleuch's deputy was one
Armstrong, commonly called Kinmont Willie,
remarkable for his exploits as a depredator upon
England. After the business of the meeting
had been peaceably transacted the parties sepa-
rated. But the English being on their return
homeward, at the south side of the river Liddle,
which is in that place the boundary of the king-
doms, beheld this Kinmont Willie riding upon
the Scottish bank of the river alone and in
absolute security. They were unable to resist
the tempting opportunity of seizing a man who
had done them so much injury ; and, without
regarding the sanctity of the truce, a strong
party crossed the river into Scotland, chased
Kinmont Willie for more than a mile, and by
dint of numbers made him at length their
prisoner. He was carried to the castle of Car-
lisle and brought before Lord Scroope, where
he boasted proudly of the breach of the immuni-
ties of the day of truce in his person, and de-
manded his liberty, as unlawfully taken from
him. The English Warden paid little attention
to his threats, as indeed the ascendancy. of
Elizabeth in James's counsels made her officers
infringe the rights of Scottish subjects with
little ceremony ; and on the score of his liberty
he assured Kinmont Willie, scornfully, that he
should take a formal farewell of him before he
left Carlisle castle.

The Lord of Buccleuch was by no means of
a humour to submit to an infraction of the
national rights, and a personal insult to him-
self. On this occasion he acted with equal
prudence and spirit.
The Scottish Warden first made a regular ap-
plication to Lord Scroope for delivery of the
prisoner, and redress of the wrong sustained in
his capture. To this no satisfactory answer
was returned. Buccleuch next applied to Bowes,
the English Ambassador, who interfered so far
as to advise Lord Scroope to surrender the
prisoner without bringing the matter to further
question. Time was given to advertise Eliza-
beth ; but she, being in this as in other cases
disposed to bear the matter out by her great su-
periority of power, returned no satisfactory
answer. The intercourse between the War-
dens became then of a more personal cha-
racter; and Buccleuch sent a challenge to
Lord Scroope, as having offered him a personal
affront in the discharge of his office. Scroope
returned for answer, that the commands of the
Queen engaged him in more important matters
than the chastisement of the Scottish warden,
and left him not at liberty to accept his chal-
lenge. Being thus refused alike public and
private satisfaction. Buccleuch resolved to re-
sort to measures of extremity, and obtain by
means of his own force that redress which was
otherwise denied him. Being the chief of a
numerous clan, he had no difficulty in assem-
-300 chosen horsemen at Woodhouselee upon
the Esk, the nearest point to the castle of Car-
lisle upon the Scottish marches, and not above
ten or twelve miles distance from that fortress.
The hour of rendezvous was after sunset ; and
the night, dark and misty, concealed their march
through the English frontier. They arrived
without being perceived under the castle of Car-
lisle, where the Scottish warden, taking post
opposite to the northern gate of the town, or-
dered a party of fifty of his followers to dis-
mount and attempt to scale the walls of the
castle with ladders, which had been provided for
the purpose. The ladders being, found too
short, the assailants attacked a small postern-
gate with iron instruments and mining tools,
Iwhich they had also in readiness : the door
giving way, the. Scots forced their way into the
castle, repulsing and bearing down such of the
English guards as pressed forwards to the de-
' fence of the place. The alarm was now given.
The beacon on the castle was lighted, the drums
beat, and the bell of the cathedral church and
watch-bell of the mote-hall were rung, as in cases
of utmost alarm. To this din the Scots with-
out the castle added their wild shouts ; and the
sound of their trumpets increased the confusion,
of which none of the sleepers so unseasonably
awakened could conceive the cause. In the
meanwhile the assailants of the castle had de-
livered their countryman, Will of Kinmont. In
passing through the court-yard he failed not to
call out a lusty good night at Lord Scroope's
wmcwoaiannsdsdetoathtbwhel,eeiriarnd another under that of Salkeld, the
cohf a retreat,rtgle castle.fabstainingr o
from
T takingh es t r
iaacnstslyayi,l assailants then
ysiuh
such
doing any violence which was not absolutely ne-
cessary for
Some executing
prisoners
thew
purposeeretaken and
for which
came. brought
before Buccleuch, who dismissed them cour-
teously, charging the most considerable among
them with a message to the constable of the
castle, whom, he said, he accounted a more ho-
nourable man than Lord Scroope, who had de-
clined his challenge ; telling him what been dune

LAW INTELLIGENCE.

COURT OF CHANCERY, ArluL 20.
BUTLER V. KYMERSLEY.

His LORDSHIP gave judgment in this suit, which
was brought to restrain a person in whom the ulti.
mate remainder of certain settled estates was vested,
contingent remainders intervening, from cutting
timber. Having stated the several conveyances by
which the estate had been created, his Lordship de-
cided in favour of the defendant. The appeal was
therefore (Iliad setl, but without costs.

COURT OF KING'S BENCH, Arm!. 20.
DOE, EX DEM. GRINDALL, V. STURT GRINDALL.

This was an action of ejectment, brought by
Charles Edward Grindall, as heir at law of the late
Mr. Thomas Adcock Grindall, against Captain
Henry E. P. Start Grindall, the devisee under Mr.
Grindall's will.

Mr. BROUGHAM, Mr. ALDERSON, and two other
counsel were engaged for the lessor of the plaintiff;
the ATTORNEY-GENERAL, Mr. CAMPBELL, Mr.
DENMAN, Mr. PATTESON, and Mr. B. ANDREWS,
for the defendant.
The ATTORNEY-GENERAL having admitted that
the lessor of the plaintiff, the eldest nephew of Mr.
Grindall, was his heir-at-law, proceeded to address
the jury on the part of the defendant, Captain Sturt
Grindall. The action, he said, was defended not
on any question that Mr. Charles Grindall was the
heir at law of the person whose estate he claimed,
but on the ground that the late Mr. Grindall
had devised that estate by will to Captain Sturt.
The defendant, who had taken the name of Grindall,
under the will of
.the testator, bad spent the greater
part of his life in the royal navy. He was a gen-
tleman
of high honour and character, being con-
nected with the ancient family of the name of Sturt,
in the county of Dorset. The late Mr. Grindall,
the testator, had risen to affluence from a very low
beinning, having been engaged from time to time
in various trades, the last of which was that of a
distiller. By great industry he had accumulated
money, and by parsimonious habits had increased it.
On the 30th of January, 1827, he made the will in
question, by which lie devised the whole of his pro-
perty, with a very small exception, to Captain Sturt.
If that will should be found to be a valid instru-
ment, Captain Sturt would be entitled to a verdict ;
if not,—if it should be proved that the testator was
not competent to make a will, then the nephew
(Charles Grindall) would be entitled to the pro-
perty as heir at law. The commencement of the
intimacy between Mr. Grindall and Captain Sturt
was undoubtedly somewhat extraordinary. Mr.
Grindall was a person of remarkable habits. When
he died he was nearly eighty years of age. The
passion for making money, and extreme parsimony,
had always distinguished his character. Some years
before hie death, he had had a paralytic attack, but
he recovered from it, and no: trace of it was left
upon his mind. It had, however, increased his bo-
dily infirmities, and in some degree affected his hear-
ing. Old age had also somewhat affected his sight.
These infirmities, during the last few years of his life,
had occasioned him to exhibit an appearance of
dulness. He had a difficulty, particularly when
among strangers, in coming immediately to the dis-
cussion of a subject, but there was no deficiency of
intellect, or want of power of mind, and he conti-
nued in the perfect enjoyment of his faculties until
the very latest period of his existence. He died on
the 25th o( -: As 1828. He had two nephews,
which were his nearest, if not his only, relations.—
Those nephews ,vere Charles Edward Grindall and
JOhn Stone Grindall, The testator had bestowed
considerable pains in putting them forward in life,
and expended a good deal of money on their account,
but they had disappointed his hopes, rendered them-
selves unworthy of his regard, and forfeited all just
claim to his bounty. The acquaintance between
the testator and Captain Sturt had commenced in
this manner :--The testator had become intimate
with the widow of the late Mr. Suett, the celebrated
comedian, and she had lived with him as his house-
keeper and confidential friend for many years. Mrs.
Swett had had a son, whether by her husband or by
Mr. Grindall, the testator, it was unnecessary to
inquire. He passed by the name of Suett. The tes-
tator became warmly attached to him, and, had he
survived, would no doubt have made him an object of
his bounty. It happened that young Suett had fallen
into company with an officer in the navy, and in eon-
sequence of his acquaintance with him he thought
he should like to /become a sailor. He expressed
his wish to his mother, and she, finding that the boy
was bent on going to sea, communicated the circum-
stance to 019, testator. The officer afterwards called
at the house, and through his medium young Suett
was introduced to Captain Sturt, who at that time
had the command of a man-of-war called the Sky-
lark. He was first recommended to the Captain to
fill an inferior situation, but the Captain found him
to be a lively clever lad, and thought he was likely to
make a good officer. He accordingly determined to
engage him, and on calling on Mr. Grindall, stated
that he should take him on board as a midshipman.
Having displayed great skill and bravery in several
actions in which he had been engaged, he was at
length promoted to a Lieutenancy, and some time
afterwards was killed in battle. The acquaintance
between the testator and Captain Sturt having been
thus formed, the Captain, after the death of young
Suett, called, when in England, on Mr. Grindall,
and was by him invited to dine at his house in
Broad-street, Bloomsbury. Captain Sturt had been
engaged in active service abroad. On his return
to England after the war, he took up his re-
sidence in Edward-square, Kensington, where he
lived with. his wife and daughter. Mr. Grindall
had at that time removed from Broad-street
to Smith-street, Chelsea. He afterwards took
up his residence in Judd-place, St. Pancias.—l
! This was ;after he had been attacked by palsy,
and when he was living on his means with Mrs.
Suett, his housekeeper and companion. While
there he received a visit from his nephew Charles
Grindall, who had married and come from Scotland,
with his wife, to see him. He was induced to take
them into his house, and they continued to reside
with him, Mrs. Suett and he having parted. In
April,.lB 26, he made a which was prepared by
his solicitor, Mr. Haddan. That will was undoubtedly
in favour of his nephew, the present lessor of the
plaintiff, who, with his wife, was then living with
him. One copy was kept by himself, and the other
was placed in the hands of Mr. Haddam By some
, Charles Grindall and his brother,
Grindall,r became acquainted with the
Johnm Stone
c
oetiatsit
so rof
theother, h e
not by any communication made
to him by it- Haddan, the attorney, but by some
practices of his own in the house of his uncle. After
making this will, in April, 1826, the conduct of his
nephew Charles, and his wife, had become such as
to give the testator great reason to find fault with
them. The two nephews, at last, conceived the:pro-
ject of treating the 9ld wan 45 4 lunatic, in order to

have him placed under confinement, so that he might
have no opportunity of alteriig the will which he
had made in their favour. They accordingly con-
sulted two medical men on the subject, and in Sep-
tember, 1826, they called in a person of the name
of Hunter to take care of their uncle, as they said,
he not being in a fit state to take care of himself.
[hitter brought tvif h him to the house a straight waist.
coat. As soon as Hunter (vas introduced, strong
suspicions were excited in the mind of the old man
that his nephews had some design against him, and
he refused to have any intercourse with them, or
even to see them. The straight waistcoat was put on
him. Mrs. Charles Grindall had some touches of
humanity, and remonstrated with her husband on his
conduct. Charles Grindall conceiving that she in-
tended to take part with the uncle, and to frustrate
the scheme in hand, determined to prevent any fur-
ther interference on her part, and for that purpose he
took the necessary means for having her also placed
under confinement as a lunatic, while he completed
his designs against the uncle. This was accompanied
by force and violence, and without any medical cer-
tificate being obtained. Having accomplished his
purpose with respect to the wife, he, assisted by
Hunter, placed his uncle in a post-chaise, and had
him carried to Tunbridge-wells. He then called on
Mr. Haddan, the attorney, and stated that he had taken
his uncle, not to Tunbridge-wells, but to Worthing,
for the benefit of his health, and had placed him under
the care of a person of the mote of Hutchings there.
In the mean time certain events were passing in
London. It hart been discovered that Mrs. Grin-
dall had been confined without a medical certificate,
and when some medical men were called in to see
her, they found that there was no pretence for con-
fining her as a lunatic, thouzh she was a woman of
violent temper and low in her manners. Sire was
accordingly set at liberty, and having gone to the
house in Judd-place, she discovered that her hus-
band had accomplished his scheme of taking his
uncle off. She then made a disclosure of his con-
duct, and Mr. Haddam immediately procured a
writ of Habeas Corpus from Lord Tenterden, to
compel Charles Grindall and Hunter to bring the
old man to London, and deliver him up. A war-
rant was also obtained from Bow-street against
Charles Grindall and Hunter for an assault upon
Mrs. Grindall. The warrant was placed in the
hands of an officer to execute, and he was de-1
spatched to Tunbridge-wells for the purpose. Be-
fore he arrived there, Perfect and Mr. Haddan'a
clerk had seen the testator. Perfect had intro-
duced himself to him in his bed-room. As soon
as he saw him, he stretched out his hand to him,
expressed the joy he felt at seeing him, showed
him the marks on his back occasioned by the straight
waistcoat, expressed the agony and horror he had
felt at his situation, arid entreated him (Perfect)
not to quit him, saying he should never be happy
until he was out of the clutches of his nephew.
By this time Charles had dressed himself, and come
down stairs. When he saw Perfect, he burst into
a violent rage, ordered him to quit the house, and,
on his refusing to go, desired Hunter to knock him
down. Perfect was at length induced to leave the
room, and the nephew was then informed that
there was a warrant out against him and Hunter
for en assault on Mrs. Grindall, and an Habeas
Corpus had also been obtained to compel them to
produce the uncle. Charles Grindall at first
treated this very lightly, and said that
he should not obey the writ, his uncle
not being in a fit state to be removed to
London. The warrant from-Bow-street was, how-
ever, produced, and he then saw the necessity of
coming to some compromise, it being in the power
of the officer to bring him to London, and leave the
uncle behind, in the care of his friends. Dr. Yeates,
of Tunbridge, was then sent for, and having had a
conversation with the testator, was thoroughly satis-
fied that he was in a sane state. Dr. Yeates, how-
ever, recommended, as his mind bad been so much
excited, that he should not be removed to London
till the following day. He was brought up the next
day, and thinking that Mrs. Grindall and his nephew
John had not been parties in the scheme to carry
him off, but on the contrary, had interfered in his
behalf, he consented to see them, and finally ad-
mitted them to his house; but he expressed his de-
ter migration to Mr. Haddan to prosecute his nephew
Charles and Hunter. John continued to reside
with the old man for some time, but he at length
discovered that he had made an attempt to get pos-
session of some of his property, having gone to his
tenants and endeavoured to receive the rents; and
he finally had reason to believe t hat the two nephews
were in concert together. They would not, he
found, allow his old friends to see him, and debarred
him from all society. In December, 1826, his dis-
content had arrived to such a pitch that he de-
termined to revoke the will he had made and disin-
herit his nephews. Mrs. Jupp, the wife of an old
tenant of his, having called to see him, he told her
that he had every day an increasing horror at being
in the house with his nephew, and asked her if she
had a spare apartment in her house Which he could
occupy for the remainder of his life, for he thought
that his nephew had some design upon him, and
that even his life was in some degree of danger.
Mrs. Jupp being unable to accommodate him, he
expressed his regret, and said he had now lost all
his old friends, and had no one to look after
him. Shortly after this about Christmas, 1826,
when Perfect called upon him, he asked him
to go out and find out his old friend, Cap-
tain Sturt, who, he said, had been always very kind
to him, and he wished to try whether he could not
find a protector in him. Perfect having, after some
inquiry, first at the Navy-office, Somerset-house,
and afterwards at the Admiralty, learned the address
of the Captain, the old man desired him to go to
him, and tell him that he wished to sec him imme-
diately. Perfect accordingly went to the Captain,
who was going to the opera that evening; but he
said he would endeavour to call on the old man to-
morrow. The testator expressed his regret at the
delay, but the next morning Captain Sturt came to
him. The proposal made by the testator was re-
sisted by the Captain, and it was not until two days
afterwards that he was induced to yield to his en-
treaty to receive him into his house at Kensington.
At last, however, he did consent, and the old man
having sent his nephew out of the way, under pre-
tence that he was going to the Bank of England, a
hackney-coach was procured, and he was conveyed
to Captain Start's house. After his removal, he
expressed his determination to make a fresh will,
but lie would not employ his attorney, Mr. Haddan,
to prepare it, lest his nephew might, in some way,
become acquainted with its contents, as he had dip.
covered the contents of the former will. Having
expressed his gratitude to Captain Sturt—his "dear
Captain," as he called him—for his kindness to him,
he communicated to him his intention of leaving him
the whole of his property, saying that nothing should
alter his resolution, and if the Captain would not take
it, be would leave it all to charities rather than his
nephews should have it. The Captain, however,
told him, that as one of his nephews had carried
tmhiesdsileigalgmesetinoNwere
him away as a lunatic, and the other had declared
him to be such, lie would not consent to his pro-
posal unless he would agree to see some medical men
of eminence, and have their opinion as to his state
They would be
of health and general competency to make a
a.nd would all
and
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mind, and in a-fit state to dispose of his property. 1 h
will was afterwards prepared by a gentleman named
Hall, an attorney, of Kensington, and was executed
• in 'the presence of four witnesses, Whose con-
curring testimony would satisfy the Jury that the
testator was as perfectly competent to make a will as
any of them were. He continued to reside in the
house with the Captain and his family, and being
desirous of saving the legacy duty on his stock, he
determined to bare it transferred in the joint names
of himself and Captain Sturt, in order that when
he died the Captain might receive It without pay-
ment of any duty in respect of it. He accordingly
executed a power of attorney and the transfer was
made; and subsequently he gave Captain Sturt
general power of attorney to manage his affairs.
Captain Sturt gave orders in the house that every
person applying to see him should be admitted;
and his nephew Charles, with his wife, on one occa-
sion endeavoured to gain access to him. He would
not, however, see them, and was so much agitated
by their attempt, that he went and locked himself
up in his chamber, and gave strict orders that he
should not be admitted to him. After this they
took lodgings nearly opposite the house in order to
watch him, and this was a soaree of great annoy-
ance to him. The trial of the indictment against
his nephew and Hunter for an summit and camp'',
racy, afterwards came on in this court, and the pal-
ties were found guilty on the counts for an assault.
The Learned Counsel then went on to state, that its
February, 1828, the testator made a codicil ist his
own handwriting, giving some directions to Captain
Stint on the subject of the property; and on the
25th of August, in that year, ho died. On his
death proceedings took place is the Court of Chan-
cery, and these proceedings have given rise to the
present action. After stating a few further facts,
and making some general observation, spun the case,
the Learned Counsel concluded his address by ex-
pressing his confidence that the Jury would be of
opinion that the will in question was a perfectly
good and valid instrument.
Witnesses were then examined, who bore out the
statements of the Learned Counsel, after which, at
a late hour, the Court adjourned.