The Sun.
London, England, 1853-08-11 00:00:00

,7?.10s od

solicitor at Warminster. I left him, and never saw him
more. I brought the Bible and the jewellery to Bristol
without looking at them, having first taken the papers to
Mr. Philps. I brought the Bible and jewellery to Bristol,
and left them there at my lodgings at Mrs. Maddocks'. I
had two lodgings there ; the other was at Mr. Chadwick's.
The Bible and jewellery lie there on the table. The por-
trait is that of my mother. (The jewellery and portrait
were here handed to the jury, and scrutinised by them for
some time. The jewellery were a wedding ring and three
others. One had a seal with a crest of the Bandon family,
and another had the initials J. B. nearly worn out ; the
fourth ring had the initials J. G.' and there was a hair
brooch.) The initials J. G. stand for Jane Cooking, my
grandmother, and J. B. for James Bernard, my grand-
, father. I first saw those entries in the Bible after our first
visit to Ireland. I went there last Christmas. After I
left the Bible and jewellery at Mrs. Maddock's, I was de-
livering lectures. Every year after 1838 I made inquiries
of my family on coming to Bristol, and obtained no infor- 1
mation, except the usual one given to me in answer to the
aqnuyesftaioniiins,y.,` H,o,wNeis.,,SiLJTohhenn
my family." I had no idea that it was my father's bro-
?thelrsehmae my
abrffiet:ll.llHceas forhe
ther that was in possession. I thought it was my father's
son. I went to see Sir John in 1849—May the 19th,
a Friday—at Ashton Court. Went alone. Saw Sir John
himself and Mrs. Way, his younger sister Mary. They
were going into the court at the time. They had just
come from Heath-house. He seemed annoyed at my in-
trusion, and I said, " I want to see Sir John." He de-
sired me to go away, and write, but afterwards he took me
into the small library, or dining-room. I rather suppose
he felt conscious who it was. We sat down together. I
told him as much as I could remember olmy past life. Re
appeared excessively agitated, and in so dreadful a state
that it was painful to behold I had never seen him be-
fore. To calm him I merely said I was not come to take
his title or his property, but merely wanted a provision
for my family in a suitable manner, and security after his
death. He used this remarkable expression— one he was
always accustomed to—" You are, indeed, the son of my
beloved brother." • There are expressions which people
always use, from habit or other cause. After considerable
discussion, it was arranged that I should go to Chester for
my family, bring them home to Ashton Court, and he
would stay at Heath-house, his usual residence. He gave
me all the money he had, a 501. note of the Bank of Eng-
land, andasaid he would give me a draft on his private
bank to-morrow for more if I required it. I orily regret I
did not take it. A circumstance of a singular nature oc-
curred. I heard a noise as of somebody listening, and
mentioned it to Sir John, and he said, " Tut, tut, non-
sense." Nothing else of any moment occurred. I came
away as early as possible. I changed the note at Miles's
Bank, and endorsed on the back, "Received from Sir John
Smyth, R.N.S," at the request of the young man at the
bank. On my return with my family in twelve days, I
called on Mr. Fenton, and then for the first time learned
that my uncle was dead. Mr. Fenton said, " Sir, you are
too late ; your uncle, if he be so, was found dead in his bed
the nextmorning." I made no further remark, being too
much confounded at the extraordinary circumstance. I
took no steps about my claim. The first time I took any
steps was on my first visit to Taunton, in March, 1851,
when I went to an attorney at Wellington—a Mr. Rod-
ham. I consulted nobody else, except in private. I sel-
dom cared much about it. I was first introduced to Mr.
Catlin—it might be in the midsummer of 1852. He
took six months before he would decide as to what he
would do. Mr. Cayley Shadwell, of the Chancery bar,
the brother of the late Vice-Chancellor, first introduced
me to Mr. Catlin. Had two interviews with him before he
introduced me to Mr. Catlin. I had one interview with
him afterwards. From time to time have seen Mr. Catlin.
Before I left Bristol I called on several attorneys, and all
declined to interfere. I then called on Mr. Stone, the
barrister, and related to him everything I now state. Mr.
Stone introduced me to three gentlemen—Barron, Costell,
and Henderson. They had my case for a time before them,
took a great interest in my case, and examined my nurse.
Those gentlemen gave it up in consequence of their fathers
not agreeing to the expense that would be necessary. They
suggested that I should find a middleman—a person who
would find 1,0001., 10,0001., or 20,0001. They said no one
would do it for less. Mr. Stone, gave me a letter to Mr.
Shadwell. I had several interviews with attorneys in
London—no less than three of the first solicitors in Lon-
don ; but they wanted to bind me down to be little better
than a steward of the property till they were paid. I
said I would rather not have the property than submit to
such terms. Mr. Catlin then undertook it. One man
went so far as to offer to strike me. One who was about
to be married offered to sell all his property and take up
my case, if I would agree to those terms. I assumed the
title of baronet immediately after I saw Mr. Stone, when
I made up my mind to pursue it with vigour. Circum-
stances drove me to it. I assumed the arms, issued my
cards, fairly and honourably, supposing that those who
had the property would, if they thought I had no right,
prosecute me, and I should be the defendant. The title
deed (the deed of 1821) I never had in soy hands till now.
I never before had the handling of it.
When did you first see or hear of that parchment (the
deed of 1823, the large one) ?—Some time in March last.
It came to me by railway. There was a letter enclosed in
it. The letter is dated March 7, but I think I did not re-
ceive it till the 17th. I showed Lewis, the butler, that
parchment shortly after I received it, as I wanted to be
sure of its genuineness. I sent it up by Mr. Geary, my
landlord, to Mr. Catlin, and Mr. Catlin and Mr. Geary
went after the parties. Mr. Geary is a house agent in
Bristol. Geary assisted to trace out the witnesses.
When did you first hear or know of the parchment of
1822 ?—I knew nothing of it till Mr. Catlin mentioned it.
I have on my hands some marks that were inflicted at my
birth. (The witness here showed his hands, and there
was a sort of indentation at the back of the right hand be-
hind the thumb, and the thumb was turned or cocked
backwards. The thumb on the left hand was also cocked
backwards).
Cross-examined by Sir F. Thesiger—l. have a good
memory on things that interest me. Have- from the early
age of three years and a half a perfect recollection of the
circumstances that then occurred. While at Lower Court I
saw Sir John once or twice. The witness being pressed as
to how often he saw Sir John, or Sir Hugh, said, in a pas-
sion, "Do not bother me, sir. I cannot say ;it was Sir
John, or Sir HUgh. Since the prosecution of my rights I
may have mentioned the description of the gentlemen I
, saw, and so learned that they were Sir John and Sir
Hugh." Being further pressed on this point the witness
said, " I cannot explain what I mean ; I do not know
what I mean on this subject." First heard from the Mar-
chioness of Bath who was my father. [Witness is here pre-
sented a letter, and before a question is put, he asks his
counsel, " Must I answer the question ?" ] It is a letter
written by me. [He is then shown a letter of the 28th of
August, 1852, written by Mrs. Florence Smith.] This was
written by me. I find in this letter this passage —" My
mother came to England to the house of her relative, the
Marchioness of Bath, at Long Leat, in 1797, and died the
same year." That was a mistake, arising from my inac-
curate knowledge of the facts. I find this passage also—
" I was sent to Winchester, under Dr. Goddard. Re-
mained there till 18, and spent my holidays with the dow-
acrer marchioness." I did not then know the distinction
between the dowager marchioness and the other. It was
not the fact that I remained till 18. I only wrote it as a
supposition. I supposed I was of that age. Iu another
letter of 20th September, 1852, to Lady Caroline Thynne,
the witness wrote that Lady Bath adopted him her protege
at Warminster, out of the great, regard she had for his
mother, and gave him the money left by his mother at her
death, and her jewels, and a portrait of his father. In
another letter of Sept. 26, 1812, he mentioned that she
gave him also an obituary ring, which she made in memo-
rial of his mother, oh the inside of which was engraved,
"In memory of Jane, wife of Hugh Smyth, married May,
1796, died February, 1797." •
• " Jno. S. Vandenbergh." Where is that ring ?---It is in the box.
The Bible was printed in the year 1706. The entry has Search. (Witness searches.)—The ring is gone out of
been already set out in Mr. Bovill's opening address. the box.
The entry of baptism was also put in and read, as set Do you mean to say it was in the box ?—Yes, it was in
out in Mr. Bovill's address. this court.
Sir Richard Hugh Smyth, examined by Mr. Bovill— Sir F. Thesiger observed nothing had been said in the
(The witness was a man of a middling size, and sallow corn- opening about this ring.
plexion, with very little whisker, and iron-grey hair, care- Mr Bovill—That is so, my lord.
fully combed and arranged. He was dressed in black, and Witness—l have not seen the ring for many years. I
gave his evidence with great deliberation, very much in cannot remember where I saw it last. Mr. Catlin
the style of a practised lecturer.) After giving evidence took the jewels to Ireland. Saw it in Ireland. Saw
as to his recollections of his childhood, he said :—I went it in Mr. Catlin's office in London. I have not seen it for
on the Continent with a gentleman, a young man of the some time.
name of Kinix. Met with him by accident in London, pas- How do you spell vicissitudes ?—The witness hesitated,
sing along. He is (lead. -I had known him before, and played and at last says, " visiscitudes." In the letter ho wrote,
with him as a bey at Lord Cork.s whose family I was " Amidst all my visiscitudes I could not Le mistaken. I
more intimate wall than auy other family. Mr. knox was have stood too often by her elbow in company to be mis-
the son of Lord Ranfurly. Went abroad in 1814 or taken about her ladyship." This was written in answer
1815. Was in Brussels at the time of the battle of to a letter from Lady Caroline Thynne, in which she said
Waterloo. It must be mere guess as to the time I went, he must be mistaken as to the dowager marchioness. In
or the length of time I was abroad. At the time of the a letter written to her on the Bth November, 1852, he again
battle of Waterloo was with Mr. Knox, wbom we nick- wrote that he ascertained that his mother's name was Lovell,
named Lord Knox. I now know from his brother it was and that she was companion or lady's maidtothemarchioness,
a nick-name. After the battle of Waterloo I travelled and that she died at the house of Provis, the carpenter, at
through the whole of Central Europe—after the proclama- Warminster, and was buried at Warminster churchyard,
tion of peace. I became acquainted with two individuals, in a brick vault ; thet she probably went to the family of
Ynasalaaltrtamseesaollofof Lovell was mentioned. Never
Bell and Lancaster, at that time making an investigation the Earl of Cork afterwarinidhescie,onmacenidnfgtohfrraotnamiatrwsricooaugtlledanibnae, alarnegalrealnoadstt:
through Europe on the subject of education. They were service if she would speak osf hvisapmersothaeur
sevawialumtliaaebrslrseises,adidwahn°ed-
travelling together. They were persons who would seem man. In explanation of this statement tdh
to have taken up the subject of, education. We travelled vas craisethtahtwehmea
together. They gave lectures On the subject in Germany his searchest
l?'„,vilu:sowna man who paid much attention to accuracy in
kipnrd.anWdDi
.wda s not
the payßon forof
Lord
oi his hoardd
Ranaf
un
rd.
and different parts of Europe—over all the Low Countrifnteoesrt.
They were joint lecturers. Whether it was before or a
illiammthsas'es.
that they came to establish schools in England,
maneeantsiteonrinhge
Dr.
which he wrote •
No x, d wI
na ealanotherled
nfheraerngceernoyf memory.opinion. They remembere then
rethtnetesedpatreatEinnggllosnenada_n. d i fr.-
lodgingWari,
d mattersmKi n
nßNOvteotfhihxrt.lhealat.nt School,
a
ofhthembeenafilriniqwvuseicst.: lane (so e witness spelled
returned in 1826 also. I knew nothing
ting them. I was engaged with these gentlemen
that on meeting Bell and L
tigating the subject of education, which as
d from him a letter, he said'
tice through life. After leaving them I went after a per- this gentleman he spelled hi
son named Baron Von Feinagle, and learned
and having"
made ra id"
system of mnemonics, or artificial memory,
atschool, I Howpp (so he spelled it) i progress •
Technics when
learned Dr. Gray's " Memoria . you spell ra *(l9 R •
Pi -- aPPid--(Laughter.) I
adwork the
publish a on can find
yon dictionaries in •
took a fancy to the subject,
andf
r the benefit of the public. nerved
laughter.) y which it is s 11 o spe ed.—(Re-
subject on my return, in 1826, o. . . I was eighteen •
d I made inquiries about my family, prisoner under in 1815. Was not a
On my return to Englan
dead, and Sir John in pos- Gore the Emperor Napoleon. In a letterto Mr.
and found that my father was Langton he said he
little. I was not at met Mr. Kknox (with two k'
session. I must correct myself here a. and was a prisoner on parole
that time decisive on the subject Hugh Smyth b •
of Sirbeing , Pressed this point, . under Napoleon in 1815.
on point, he said,
the teaching o my "When the Emperor left
my father. I immediately began._ sys- to go to Waterloo, I left Pa •
tern. I think I continued in that profession from five to Paris to go to Brussels • that was
in the commencement
I gave it up in 1835. Being so much acme- ball at Brussels before of
1815'
in
June.
' as at the
seven years.
cl to teaching it in schools, and finding it a dead letter, the allied sovereigns the battle. Was in Paris when
tome
, I took up the subject of oratory—oratorical display. I but when they were there. Did not mean that ;
, continued teaching it till I came to Dover and crossed the Lord Knox entered France I know nothing about.
water to Boulogne. I met Mr. Knox, the brother of Mr. father might have talked of his father. His
Knox whom I had known before, at the hotel at Dover. He him was the Earl of Ranfnrley. I might have told
•satisfied that I knew his brother, gave me letters to
being
or not. Am
his family in Boulogne and Paris. Finding the family had it well- a good French scholar ; can pronounce
removed up the country, I came back in a short time, in the we • Some of my letters are signed " LL.D." I got
beginning of 1836. I retain still those letters, in (cuss- the degree at Marischal College, Aberdeen. " LL.D."
quence of the parties they were directed to being absent. means " a doctor learned in the law." (Laughter.) I got,
I then returned to England, teaching my system, the degree for lectures I gave in the college. I gave loci
remaining more than a week, and went through never tures in all the colleges. I only remember the Marischa
of the country. I made no inquiry at that time everyalotpt College in the Old Town. I knew in 1826 who my father
things which had been given to Davis—never of Mr. the
was.
I made inquiry in 1838 or 1839, on ' Davis.avi
in refusing ; (Laughter e• (Laughter.) I
coming to Frome towhich it is so spelled.
give my lecture. I called on old Mr. Provis, and h How do you spell whom ?
I could find you dictionaries in
"de?"—Sett asside.—
words with him on the subject of his obstinacy had some 1 How do you spell "set aside
to give me any information respecting words are so spelled four times
said I was taken away at an early my mother. He I Sir F. Thesiger—These ,
and two s's from
he really knew nothing about rne age from his house, and in his letters.--I spell them with two ts
. He th tor I have authority for so spelling.
stairs to his bedroom, opened his b en took me up- a learned comment:l ,
" That is the way I
"aside" "aside.
Bible and the jewellery. A large • ureau, gave me the I prefer spelling
picture, said to be the think it ought to be spelled.
likeness of my father, hung in his room, He
promise I would follow his directions
and I GLOUCESTER, WEDNESDAY, AUG. 10.
would. He then gave into my hand assured him I ,
COMMITTAL OF THE PLAINTIFF FOR FORGERY.
with directions to take them to abundle of papers, I . to-day, come to as extra
Mr. Philps, an eminent This extraordinary casehas,
—WL11:31,orM(1:::.).17,N1). R.
/lox
was
at

The trial of this cause was resumed on Tuesday, at half-
past nine.
John Byfield., examined by Mr. Dowdeswell—l know
William Dobson's handwritinz. I believe this to be very
like his handwriting (the small deed). I could not swear
to it. The signature in the large deed is like his, but as the
word " Dobbson" has two " b's" I should say it is not his,
otherwise, I should say it was his. Ho generally signed
" W.," without the "m."
The examination of J. W. Chadwick, a solicitor at Long
Ashton, was, after a long discussion, put in and read. He
was proved to be too aged and ill to attend the assizes. He
said he knew James Abbott was steward of Sir Hugh
Smyth. He proved the handwriting of James Abbott, one
of the attesting witnesses to the two deeds. He had com-
pared the handwriting with some receipts in his possession,
and he described the particular reasons which made him
believe the signature was genuine. He never knew Sir
Hugh Smyth had any son except John Smyth Piggott.
James Smith—l am occupier of Millington farm. I have
lived there altogether nearly sixty years. I knew James
Abbott. steward to Sir Hugh, and afterwards to Sir John.
My father paid rent to Abbott, and I have got the receipts.
The signature to both the deeds 1 believe to be Abbott's
handwriting, according to the receipts.
Mr. Justice Coleridge reprimanded the witness for shuf-
fling in the witness box, and said he had a great mind to
oominit
The entry of the marriage in the Bible was then put in
and read. It was at the end, between the index and the
metrical version of the Psalms. The book contained the
Bible and Prayer-book. On the title page was written the
following name :