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

LONDON, THURSDAY EVENING, AUGUST 11, 1853.

NICOLL'S AUTUMNAL PATTERNS are
NOW Itr:ADY.
XCELLENCE and ECONOMY eom ined, as Illustrated by the
well known Patent P lOT, at. Two Guineas.
In Eng and, Frame.. r Geruany, the brat talent, workmenshlP,
and materials are secured by 11. J awl D. NICOLL, 114, 116, 118,
120, Regent-street, and 22, Cernbil, London.

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—GLOUCESTER, AUGUST 10.
(Before Mr. Justice Coleridge ands Special Jury.)
REMARKABLE TRIAL AT GLOUCESTER.—CURIOUS CONCLU-

LAURENT'S CASINO, ARGYLL ROOMS.-
(Lessee, CU atLE.IS E. LAUItEN Onsh w-house, Fulham-
op,n Every Eve,,iinr. The Oreh-!stra will parr: *m, miring
the w..e , "The :liven," " Marie," ' Dahlia Exlil Mon," " Fhw r
of the Field " " Rosalitia," and "La Croix de Marie," waltze
the " Tool," " ranterolziang,- " England," and " Logo Mau:, ire'
Quadrilles ; " Etna,' and Conztanee, Cameos ; " Faucliette.'
Frankfort," &c., Rze., Polkas.— kihnission, Is. Doors oven
llalf•past Plight o'clock; coalmen .0 at Nine, and terminate at
Half-peat Eleven.

SION OF TUB CASE.
SMYTH v. SMYTH AND (THERS.
This case, which, as previously annoinced, was opened
on Tuesday, is now in a state to justify a report.
This was au action of ejectment, brought to recover pos-
session of certain estates iu this county formerly the pro-
perty of Sir Hugh Smyth, Bart , of, Ashton-hall, near
'3ristol. The plaintiff' claims to be the6on and heir of the
'ate Sir Hugh Smyth, who died in the year 1824. Sir
Hugh Smyth was known to have been twice married, but
had no issue by either marriage. The pkiutiff claimed to
be the sbn of Sir Hugh Smyth by a third and previous
marriage, alleged to have• taken place in Ireland, with
Jane, the daughter of Count Vanderbergh, in the year
1796. The plaintiff was alleged to have been born at War-
minster, in the county of Wilts, and inothFr having
died in childbirth he was brought up by a woman named
Lydia Reid. His birth, for some reason, having been kept
countrysecret, hehe wweanet
not made
aacineduaoten
till recently, when, by the discovery of certain docu-
ments, he came to the knowledge that Le was entitled to
a baronetcy and estates, which were vt,riously estimated
to be worth from 20,000/ •to 35,0001. a year. The defend-
tehdis with
oituhring
pedigree
to this
digree
ant is the grandson of Sir Hugh Smyth's sister Florence,
and is still a minor. On the death of Sir Hugh Smyth, in
the year 1824, the property went to his brother Sir John
Smyth, and upon his death in 1849 to his sister Florence.
Upon her death the present defendant became entitled.
The romantic nature of the plaintiff's claim, and the
rumour that it was about to be supported by forged docu-
ments and perjury, added to the immense amount of the
property at stake, have caused this trial to be looked for-
ward to with the utmost interest. In the first instance,
Sir F. Kelly and Mr. Keating, Q.C., were retained for the
plaintiff; but for some reason which was not stated, nei-
ther of these gentlemen appeared. Th.( action was ori-
ginally intended to be brought on the Western Circuit,
but this intention was altered, and this'stircumatance an-
countslor theldet that several gentleniewbtthe-Western
Circuit have been specially retained.
Mr. Bovill, in opening the case to the jury, proceeded at
great length to enumerate all the circumstances of this
romantic case as it would be disclosed !ia evidence. On the
death of Sir Hugh Smyth the estates vent to his brother,
Sir John Smyth, who died in the yearlB49, in consequence
of an interview which the plaintiff had with him, the plain-
tiff in that year had come to the knowledge of his rights,
and went to Sir John, and asserted his relationship to the
deceased Sir Hugh Smyth ; and such was the effect pro-
duced upon Sir John Smyth by this intelligence, that he
became unable to eat, wandered about the house disconso-
late, and died suddenly the next morning. For some time
the plaintiff, for want of funds, was unable to assert his
title to the property, but he was now enabled to come into
court to establish his right. The learned counsel said he
should establish beyond all doubt that the plaintiff was the
son of Sir Hugh Smyth, by Jane, the daughter of Count
Vanderbergh, to whom he was married in Ireland in the
year 1796. At that time there were no public registers in
Ireland, but the entry of this marriage in a family Bible
would be proved, and the signatures of the witnesses would
be shown to be the undoubted signatures of the parties.
The plaintiff would produce a brooch with the name of
Jane Gookin upon it, and also a portrait of his own
mother, and the signatures of all these parties would be
proved by the most unexceptionable evidence. The learned
counsel then read the following entry of the liaintiff's bap-
tism, which was contained in the same family Bible :

" Divide about the broad brit!, cake,
Boon., abou the bride's stake."-IW4 JorisoN

WEDDING BREAKFAST, BALL Sur-
and DINNERS Pit VII /ED ENTIRE in town or
country, by rie,srs. PULt SELL, Coralll, including wines of th
most reclik-rche desc.iption, wol use of plate. limn, china, glass. and
att.ndaneet. ,eats, tables, 11,hts, dancln holands, and initramenral
nuts e,
weddi,g and invitation stationery. as In t arr ages,
post or otherwise, An elegant as ortment of bride cakes for stlec-
ti.m, dessert tu.d evening ices. A competent person sent to race ye
o.ders, and give instructions as to tha arrwigernents of entertain-
ments. Note —Messrs. Purssell have no other bust.ess premises
except those in i7ornhill, near the Exch tnge.

1 HE ERA, FAMILY, THEATRICAL, and
irt.. SPORTING JOURNAL (estal- lished 1437) of August 13, will
contain original articl-s upon Or am of Public Moneys for Metro-
polit n lin,wovements —the Harvest and Future Price of Wheat—
, uveidle Crminality Interesting I'ol,e Stati.ttc4— Rema.kable
Trial at Gloucester—the Grand Naval Tournament at Spithead—
SetUement of the Eastern Question—Important Examination be ore
the Select Committee of the House of Commons on Public-houses
and Singing Salo us, very interesting to licensed victuallers—Pro-
gramme of York Races, and Probable Winners, by "Touchstone"
and "The Stable Mou-e"—Racing and Training Transactions, Ash-
worth v. Dawson—the Betting-horse Bill—Wolverhampton, Read-
g, Yarmouth, and North Staffordshire Races —Great Boat Race
between ewell and Pocock—Cricketing, Pedestrianism, Shooting,
and al the Sp wts of the Week. Order of any News agent, or send
pottage stems 's to ERA OFFICE, 3, Catherine-street, Strand.
NOTlCE.—Adveytisers are infoi me t • hat a GREAT REDUCTION
has taken pla,.e for Advertisements inserted in the ERA, which must
AuLaii..a!olnlak_ an A.HIaLIF

JOZEAU'S COPAHINE-MEGE, or Saccharatta
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successfully administered in the Paris and London Hospitals, and
acknowleoged by them to ba the best remedy for the cure of
Gonorrohcea, Gleet, and Leucorrhceal Discharges, on an average or
six days (see " Lancet" of 6th Nov., 1852, an extract from which
will be forwarded immedi ttely on application).—Prepared and sold
by G. Jozeau, sole French chemist, 49, Haymarket, London ; and
Jozeau, Pharmacien. 161, Rue Montmartre, Paris ; at Liverpool, M.
Clay and Abraham, chemists, Bold-street; and the principal
chemists of France. England, and the Colonies. Price of bottle of
100 capsules, 4s. 6d.; 50 do., 2s 9d., with diree ions, and stamp with
the name of Gabriel Jozeau printed thereon.

CULVERWELL'S NEW WORKS.
To be had of Sherwood, 23, Paternoster-row , Carvalho,
147. Fleet-street, Mann, 39, Cornhill. Price One Shilling each ;by
post, is 6,1.

ENJOYMENT OF LIFE.
" Health, Recreation, and Rational Use of Time."
forcrErrs:—Early Rising—Spring and Summer Mornings—Ex-
ca-sins about the Environs of London—The Parks, Lanes, Hills
Fo. ests, Fields, High-roads, 4nd other pleasant places Country
T,os and Rambles—The s'ea London at Night—Evenings at Home
Mas:c---The Drama—Qn Eating, Drinking, zleeping, Bathing, Air.
Bast, Ease, Occupation, &c., &c.

FRAGMENTS FROSI THE FOUNTAINS. Two Vols.
Vol. I.
VISIT 10 TEE LAKES; SKETCH OF EDINBURGH. ir.o.
Vol. 11.

'f HE LAKES OF KILLARNEY; REMINISCENCES OF
I)UBLIN, &c.

WHAT TO E T, MINA. AND AVOID,
" That three score years and ten our course may run." •
A popular review of almost every form (cause and core) of ner•
,ounly-debilitated health and enfeebled constitut'on that harasser
'he Young. besets the man of pleasure, business or study, and em.
'titters old age; with table); and rules for the diet and physical regu
ton of every-day life.

Esq., and
" Richard Hugh Smyth, son of Hugh Smyth,
Jane his wife, born September 2nd, 1797 ; baptised Sep-
tember 10th, 1798, No. 1, Royal-crescent, Bath.
" CAROLINE BERNARD. " J. BYRES, clerk,
" ISABELLA THYNNE."
The reason why the plaintiff's birth wars kept a secret
was that his mother died in childbirth, and Sir Hugh
Smyth was anxious to marry Miss Wilson, the daughter of
the Bishop of Bristol. The plaintiff was then brought up
in the house of a carpenter at Warminster, named Povis,
which had given rise to the rumour which hat been spread
abroad, that the plaintiff was an imposter, and was Provis's
eon. It would be proved, however, that he was educated
at Winchester, and, it was believed, at the expense of Sir
Hugh Smyth. In the year 1814, a man, named Grace,
who was gir Hugh's butler, represented to Sir Hugh that
his son, who had gone abroad, was dead. The following
letter, in the handwriting of Sir Hugh Smyth, addressed
to his wife on the eve of her delivery, had been discovered:

THE PAStSTONT;.
" What passions hurt the body—what improve,
Truths as refined as Athens ever beard."
AnnucT : —Life's pilgrimage, from infancy to old age. Th, ad.
vent o' the nasslons. Chastity and its inf"ingement The casualties
of licentlou4ness and dissipation, with illustrati .ns, graphic. narra-
tive, and remediatlve. Advocacy of early marilagea.
V.

TILE MARRIAGE STATE.
To be or not to be. that is the que'tion."
rILOGRAKME:—Lawi and oqigations of nature, society, and reli-
gion regarding marriage, to he observed by either sex. Time and
choice, on both sides, as to age temperament, complexion, and
figure. t••• secure hea+thy offspring, with the art of rearM; them
rhys;cal detectivenes* and its removal. Sterility and its conversion
Cases, & c.
R R. J. CULVER WELL, m.l). (1841), M.R.C.S. t1827),L.5.A.
(1824), Twenty-five years Medical and Forensic Re.eree in there
matters.

" Stapleton, Feb. 2, 1797.
" Dear Jane,—The bearer is my old nurse, Lydia Reed,
in whom I have every confidence as to her skill and atten-
tion to you. Dr. Seaguin will attend you. I will endea-
vour to be over to-morrow, and bring my mother with me.
Till then God bless you, and that you may have a safe de-
liverance is the prayer of your affectionate husband.
" To Mrs. Smyth, Warminster. HUGH SMYTH."
Sir Hugh was married again in the year 1819 to a Miss
Howell, and circumstances having convinced Sir Hugh the t
the plaintiff was still alive, he, in the year 1822, executed
a document, declaring the plaintiff to be his son. This
document was discovered in the possession of a mem-
ber of the family of Lydia Reed, the plaintiff's
nurse. It was signed by Sir Hugh Smyth, the deceased
baronet, in a trembling hand, and by Sir John Smyth, his
brother, and other persons as witnesses. All these signa-
tures would be proved to be genuine. That document was
signed by the deceased baronet, and would be shown to
have been sealed with his family 'seal. In the follow-
ing year Sir Hugh, who would appear to have re-
covered in health, executed another similar document.
That document also would be proved to have been signed
by the parties, and it was discovered in the possession of
an attorney's clerk in London, who had formerly lived at
Bristol. The plaintiff had gone abroad, in the year 1814,
with a Mr. Knox, commonly called Lord Knox, and there
gave himself up to various studies, and particularly to that
of the science of mnemonics, till his return to England in
the year 1826. At that time he devoted himself to lec-
turing in various parts of England, and, though he sus-
pected he was the son of Sir Hugh Smyth, he took no steps
to assert his rights till the year 1849, when he went to Sir
John Smyth, his uncle, who admitted his relationship at
that interview, which led to Sir John Smyth's death the
same night. From that time the plaintiff had used every
effort to vindicate his rights, and those facts and documents
had been discovered which would leave no doubt on the
minds of the jury that he was entitled to the estates which
he now sought to recover. The learned counsel then com-
plained loudly of the intimidation which had been exer-
cised towards the plaintiffs witnesses by the defendants'
agents to prevent their giving evidence this trial ; but
he had full confidence that they would comeo forward and
tell the truth, and so establish the plaintiff's case. The
main fact in the case would be that Sir Hugh Smyth was
married in Ireland to the daughter of Count Vandenburgh,
and that the plaintiff was the issue of that marriage.
The following witnesses were then called :
William Graywocid, a clerk of the Prerogative Court,
produced the will of Thomas Smyth, of Stapleton, in the
county of Gloucester, Esquire. It was dated the 18th of
May, 1798.
The Rev. George Turner Seymour, a clergyman and a
magistrate of the county of Somerset, said I have often seen
Sir Hugh Smyth's handwriting. I believe this letter to be
in the handwriting of Sir Hugh Smyth (the letter from Sir
Hugh to his alleged wife). The entry in the
say Bible is ex-
tremely like it. I believe it is his. I cannot whether
this signature (to the deed of the 27th of January, 1822)
is Sir Hugh Smyth's or not. I doubt it because of the tre-
mulous character of the writing. Otherwise the characters
are something like. (The document of the 10th of Septem-
ber, 1823, was put into witness's hand.) I believe this
signature to be in Sir Hugh Smyth's handwriting. I knew
Mr. Symes. He was curate of Ashwick. I have seen his
handwriting. I cannot say whether the signature in the
Bible is hi:handwriting.
Cross-examined by Sir F. Thesiger—l merely knew Sir
Hugh Smyth by sight. I have seen his handwriting in a
corresporcience which he hail with my father. I copied that
in the year 180 G. I have not compared it with this hand-
writing with a view to giving evidence. I have not seen
that correspondence since 1805. Those were the only oppor-
tunities I have had of seeing the handwriting of Sir Hugh
Smyth—viz., in 1806, and this letter and note.
David Pearce Maurice examined by Mr Dowdeswell—l
am a surgeon at Marlborough. In 1822 and 1823 I, with
my father, attended Sir Hugh Smyth. He was ill. Sir
Hugh Smyth was thought to be a nervous patient, and
generally an invalid. His was an imaginary illness—he
was always fancying himself ill. It was not an illness
which would produce tremulousness of hand. He fancied
himself ill, and would perhaps be out hunting next day.
I was very much annoyed when he went away—he was
such a good patient. I cannot say he was not regular in
his living. lam not sure he did not take sedatives. He
did not suffer from delirirint tremens. He took astringents.
He died from diabetes. That would make him feel weak.
Mr. Holland Kingston—l reside at Bandon, in Ireland.
I was acquainted with the Rev. Verney Lovett from my
infancy. I was acquainted with his handwriting. I be-
lieve the whole certificate of marriage to be in his hand-
writing. Has been, and still is, usual in Ireland to bap-
tize in private houses. I can't say as to marrying. Court
Macsherry is seven miles from Bandon. As soon as I saw
Mr. Lovett's handwriting I recognised it. I am certain
it is his.
The Hon. Captain William Smyth Bernard—l knew the
Rev. Verney Lovett. I did not know his handwriting.
My grandmother, Mrs. James Bernard, was named Hea-
ther. Before her marriage she was Hesther Gookin. Her
maiden name was Smyth, spelt with " y." The Smyths
lived at Headborough, in Waterford. There was an aunt
of mine, Mary Smyth, who lived at Castle Bernard, the
seat of the Bandon family. My aunt was called Molly
Smyth They lived in Royal-crescent, Bath.
Cross-examined by Sir F. Thesiger—The name of Smyth
is very common in Ireland. Very few are spelt with " i."
Our family is not related to the Smyths of Ashton Court.
My mother was the first Lady Bandon. Her maiden name
was Catherine Henrietta. She signed her name C. H.
Bandon. She became Lady Bandon in 1792. In 1796 she
became Viscountess Bandon. My grandmother was Hes-
ther, widow of Major Gookin. I can't recollect the Gookins
at Court Macsherry. I never heard of Major Gookin having
a daughter. I never heard of the name of Vandenberg in
connexion with the Goolsins. I never heard of the name of
Vandenburg till now. I have lived in the neighbourhood
a '(rood deal since I was a child. I entered the army n
1809. As long as I can recollect, Court Macsherryhoui
belonged to Lord Shannon. Previous to that the agent,
Mr. H. Townsend, lived there. I saw some entries with
Mr. Catlin. I did not pay much attention. I was pre-.
sent when Mr. Kingston recognised the signature of
showedMr
Lovett. We were in petty sessions. Mr. Catlin,d
them to use. I said. it could not be my mother' d
lan -
writing, because her name was not Caalrooliloitoie.. I never
The sig-
nature of any aunt or relative namedt C
to the marriage, is
nature " Caroline Bernard," as wi nessor
not the hanclwritingof my mother,
relation.
This signature to the baptism n hners,onforanoyf any one
with whom lam acquainted. There never wasarCmaoryolinine
Bernard of our family. I was aetenscribonogl—atwarse
put into
Ireland. [Some jewellery—_a
Bb be recognised
(ssi co ong
onri
es es
td. theßan-
don
v rgr
witness's band, and he was asbkeedthief
crest.] This appears to
heard of it being usual to mazry in private houses in
Ireland.
Symes, examined—I am the son of the Rev. Jas.
John
lam put 72. Diy father was the curate of A.Bh.
Syme.

Price I. each; by post, Is. 6d.
To he had of Sherwood, 23, Paternoster-row ; Carvelho, 147,
Fleet-street; Mann, 39, Cornhill; or of M. R. Culverwell, M.D.,
10, Argyll-pl its ,nt-street, who may be consulted deny from
Ten till Five and seven till Nine.

TAKE NOTICE!
MESSRS. R. &L. PERRY & O. CONTINUE TO BE
CONSULTED As USUAL,
AT 19, BERNERS-STREET, OXFORD•STREET, LONDON,
ON THE SECRET CAU,EA OF SELF-ACQUIRED MISERIES

AND DISAPPOINTED lIOI3ES.
THE SI; ENT FRIEND.
In Six Languases--Fifoeth Edition.
CONTAINING THE REMEDY FOR PREVENTION OF DISEASE.
illustrated by One Hundred Anatomical Coloured Engravings and

Cases

New Ed tion, enlarged to 200 PaWg,arlegt 2s. 61., by post, front the

Establishment,3s: 6d. in stamps,
THE SILENT FRIEND, a Medical Work on
the exhaustion and physical decay of the system, produced by
excessive indulgence, the consequences of infection, or the abuse of
mercury, with di-ections tor the use of the preventive lotion, 101
lowed by observations on Marriage, and the disqualifications which
proven, it. Illustrated by 100 Coloured Engravings. By R. and L.
PERRY and CO., Consulting Surgeons, 19, Berners-street, Oxford-
street, Lo .don. Publ shed by Sherwood and Co., 23, Paternoster-
row, and sold by Hannay, 63, and Sanger, 150, Oxford-street; Gor-
don, 146, Leadenhall-street ; 95, Farrinokoi-street ; W. Sutton, 10,
Row Church-yard ; Butler, 4, Cheapside ; R Johnson, 68, Cornhill.

PART I treats of the anatomy and physiology of the reproductive
organ., and is illustrated by 28 Coloured Engravings.
PART 11. treats of the consequences resulting ftom excessive in-
dulgence, and their lamentable effects on the system, producing
mental and tsAlly weakness, nerv4ma excitement, and generative
incapacity. Illustrated by 10 Explanatory Engravings.
PART 111. treats of the diseases resulting from infection, either in
the primary or secondary form, and contains explicit directions for
their treatment. This section is illustrated by 62 Coloured Engrav-
ings.
PART IV. contains a Remedy for the Prevention of Disease by a
simple application, by which the danger of infection is obviated.
PART V. is decnled to the conilderation of marriage and Its duties.
The causes of unproductive union are also considered, and the whole
subject k ritically abd philosophically inquired into.
TILE CORDIAL BALM OF SYRIACUM is exclusively employed in tree
ing nervous and sexual debility, impotence, &c., Its and 335. pe
bottle. The Concentrated Detersive Essence, an anti-syphilitic
remedy, tor purifying the blood in cases 01 infection, secondary
syinptons, eruptions, and the abuse of mercury, I is. and 335. per
bottle. Perry's Purifying Specific Pills, 2s. 9d., 4s. Gd., and lls
per box, a certain remedy for gonorrhoea, gleet, stricture, and
chronic intiamm stion of the bladder. Consultation fee, if by letter,
It. A minute detail tel the case is required : age, habits, and posi-
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ment only, by w fah the fee, It., is saved. Messrs Perry, Surgeons,
are in attendance, daily, at 19, Betners-street, Oxford-street, Lon-
don, from Eleven till Two, and Five to Eight; on Sunday from
Sere t o nne.

THE CAMP AT CBOBHAM COMMON.

Her Royal Highness the Duchess of Kent, accom
pealed by the Duchess of Cambridge and the Princess
Mary, was present at the field-day which took place
yesterday, the troops being again under the command of
the Duke of Cambridge. A novelty iu the proceedings
of the day consisted in the enemy being supplied with
two pieces 1)f artillery, which worked with the small
force during the day, and gave additional effect to the
proceedings. The camp forces were formed with their
right resting on the open space opposite Higham-lodge,
the present residence of Lord Seaton ; the enemy occu-
pied some heights in the immediate vicinity, having the
camp in his rear. The whole of the forces were actively
employed in driving the enemy from his position, and
having compelled him to seek shelter in the redoubt
partially blown up on Saturday last, at length drove
him from it by the advances of the infantry.
The attack on the enemy was commenced by the skir-
mishers of England's brigade, followed up by the advance
of the brigade, who drove in the enemy's right, and com-
pelled him to take ground to the lett. Passing over the
hill, and having reached the open ground, the enemy were
vigorously attacked by the cavalry. The first charge was
made by the Scots Greys and Bth Hussars in excellent
style, and after this line had retired by threes from the
right of squadrons, the Blues and 4th Light Dragoons
made the second charge, the enemy receiving the charges
in squares. After the enemy had retired, and taken up a
position on the slope of a hill, the 35th and 88th with loud
shouts and fixed bayonets charged the foe, and drove him
still further to wards the redoubt. As he was retiring how-
ever the enemy was harassed by the Light Dragoons, tills
portion of the body took possession of the redoubt from
the rear of which, supported by the artillery, a con-
tinuous fire was kept up on the advancing infantry.
The Scots Greys made a splendid advance up to the
very edge of the ditch, and dispersed a detachment of
the enemy's right, who, not expecting so bold an attack,
had neglected the precaution of forming square to re-
ceive the cavalry. England's brigade now advanced,
preceded by skirmishers, and, in spite of the enemy's
fire, succeeded in forming in line within range of the left
flank of the redoubt, and compelling the enemy's right to
fall back higher up the hill. The brigade of Guards
next advanced in line, threatening the rear of the reboubt,
while the Highlanders first forming line, and de-
livering several splendid volleys, charged up the hill
and drove the enemy from the redoubt. This charge
of the 79th was made in most admirable style, and the
steady and unbroken line which they presented was the
subject of universal admiration. If there is one achievel.:
ment upon which this gallant regiment justly prides
itself, it is that which occurred in the Peninsular war,
when the 42d being compelled to retire from a re-
doubt which they had taken from the enemy, these gal-
lant Highlanders, advancing at the charge, retook it,
and maintained their position in the face of a tre-
mendous fire, and the attack on the redoubt yester-
day forcibly reminded the regiment of the achieve-
ment to which we have alluded. The Guards and
England's brigade advancing, supported by the field
thet
troopsnd b
then roughn thearo hfieedl d
past- day ttoh
ea
Dc
oo seeh. e The
hoef
batteries, rendered further opposition useless on the part
of the enemy, e y a
Kent and the other visitors, and returned to their re-
spective camps.
A number of breast and other earth works have been
thrown up in different parts of the field, the defence and
capture of which will, it is expected, form the occupation
of the troops on the field-days of to-morrow and
Saturday.
It is confidently stated that the camp will break up
after the last field day, which will take place on Thurs-
day next. The two following days, the 19th and 20th,
, will be occupied by the removal of the-troops.

ford-Stoke-on-Mendip and Norton. I have often seen him
write. I see "J. Symes" in the register of baptism. That
is my father's handwriting. He sometimes baptised chil-
dren privately. He knew the Marchioness of Bath.
This witness was subjected to a long examination with
respect to his having been a pauper in a union at the time
when he was sought to give evidence in this case.
Ann Symes was called and deposed that the signature to
the baptismal register was in the handwriting of the Rev.
James Symes, her grandfather.
The Hon. Caroline Courtenay Boyle, daughter of the
late Admiral Boyle, said the late Marchioness of Bath was
my father's first cousin. The words " Isabella Thyne" in
the. entry in the Bible are in her handwriting. I cannot
say I ever saw her write.

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. Philpa. brought the Bible and jewellery to Bristol,
and left them there at my lodgings at Mrs. Haddocks'. 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 Gooking, 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. Maddoek's I was de-
livering lectures. Every year after 1838 I made inquiries
of my family on coming to Bristol, and obtained no infor-
mation, except the usual one given to me in answer to the
questions, " How is Sir John ? Is he married? Has he
any family." " No." "Then there may be a chance for
my family." I had no idea that it was my father's bro-
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 riff in-
trusion, and I said, " I want to see Sir John." He ds'
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 of my past life. He
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 ail the money he had, a 501. note of the Bank of Eng-
land, and said he would give me a draft on his private
bank to-morrow for more if I required it. I only 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 nex morning." 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 1 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 20,000/. 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 wy 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. Gerry
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
1822'1--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 hauds, 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. Tbesiger—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 ?"1 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-
ager 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. In 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, 1852, he mentioned that she
gave him also an obituary ring, which she made in memo-
rial of his mother, on 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 com- 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 se .•n it for
on the Continent with a gentleman, a younst man of the some time.
name of Knox. Met with him by accident in London, pas- How do you spell vicissitudes ?—The witness hesitated,
sing along. He is dead. I had known him before, and played and at last says, ' vicissitudes." In the letter he wrote,
with him as a boy at Lord Cork.s whose family I was " Amidst all my visiscitudes I could not be mistaken. I
more intimate with than any other famil. 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
the carpenter,churchyard,
through battle of Waterloo was with Mr. Knox, wheal we nick- wrote that he ascertained that his mother's name was Lovell,
named Lord Knox. I now know from his brother it was andthat she was companion orlady's maid to the marchioness,
a nick-name. After the battle of Waterloo I travelled and that she died atthbeuhrioeudsea,tb
f WarminsterPrevie'
through the whole of Central Europe—after the proclama- Warminster,
and
was
tion of peace. I became acquainted with two individuals, in a brick vault ;
Earl of Cork afterwar thet she
afterwards,
probably went to the family of
s, and that it would be a great
Bell and Lancaster, at that time making an investigation the .
f she would speak of his mother
through Europe on the subject of education. They were service as a married
In explanation of this statementr
wo-
travelling together. They were persons who would seem man.
awaythe witness said he
at seaon '
coming from Scotland, and lost
to have taken up the subject of education. We travelled was cast
chest and all his
together. They gave lectures on the subject in Germany
hisßea them soil of licence for
and valuables, and
and different parts of Europe—over all the Low Countries. amongst marriage in Ireland,
fore or after in w e
hi h the name of Lovell was mentioned. Never
They were joint lecturers. Whether it was be .
d I cannot was a man who paid much attention to • '
that they came to establish schools in Englan. ,
n a dif- matters of that kind. Did not accuracy in
charge my memory. I remember their separatinciand.
I lodging while at Dr. Williams's. pay for his board and
ference of opinion. They, then returned
them after atter quit- Warminster School, and. was the Mr. Knox was at
returned in 1826 also. I knew nothing of
tleen in roves- lane (so the witness spelled the son of Lord Ranfar-
ting them. I was engaged with these gen m word) and was called
'eh has been my prise- Lord Knox. In a letterwhich
1 tigating the subject of education,
them
I
went after a per- this gentleman, be spelled he wrote mentioning
tics through life. After leaving thein
learned from him a letter,. he said that on him
meeting as
Lord
Nex.
In
another
son named Baron Von Feinagle,. and
memo,
sy, and having. " made rappid" (so he
ii Bell and Lancaster he
system of mnemonics, or artificia
r when at school, 1 How do you spell
spe IFd t) 4
rapid?—Rappid
' progress in education."
learned Dr. Gray's " Memoria Technics
work on theaug r. (L hte ) I
and published a can find you dictionaries • which .
took a fancy to the subject,
6 for the benefit of the public. newed laughter.) I in it is so spelled.—(Re-
subject on my return, in 182 ,
in uiries about my family, prisoner under the E was eighteen in 1815. Was not a
On my return to England I made q
dead, and Sir John in pos- Gore Langton he Emperor Napoleon. In a letter to Mr.
and found that my father was
self here a little. I was not at and said he met Mr. Kknox (with two k's),
session. I must correct myse
h• tof Sir Hugh Syth being pre, was a prisoner on parole under Napoleon in 1815.
that time decisive on the_subjec
e n the teachingf
o mY Vs' to go to W
on this point, he said, "When the Emperor left
my father. I immediately g_a
ed in that profession from five to • g aterloo, I left Paris to go to Brawls ; that was
tem. I think I continued
years. I gave it up in 1835. Being so much awls- ball at Brussels before in June. Was at the
seven schools, and finding it a dead letter, the battle. Was in Paris when
towed to teaching it in . . r, the allied Sovereigns
I took up the subject of oratory—oratorical display. I but when they entered
were there. Did not mean that ;
t ued teaching it till I came to Dover and crossed the Lord Knox • France I know nothing about.
nwoanteirnto Boulogne. I met Mr. Knox, the brother of Mr. father was might have talked of his father. His
I had known before, at the hotel at Dover. He him who
the Earl of Ranfurley. I might have told
Knox whom
brother, being satisfied that I knew his gave me letters to ' or not.
was my father. Ido not know whether I did
his family in Boulogne and Paris. Finding the family had lit Am a good French scholar; can pronounce
removed up the country, I came back in a short time, in the well. Some of my letters are signed " LL.D." I got
the d
degree et Marischal College, Aberdeen. " LL.D."
beginning of 1836. I retain still those letters, in conse-
quence of the parties they were directed to being means " e doctor learned in the law." (Laughter.) I got
I then returned to England, teaching my system, never
absent. the degree for lectures I gave in the college. I gave lec-
'schal
remaining more than a week, and went through every tures in all the colleges. I only remember the Mari
of the country. I made no inquiry at that time about Part
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 coming to F Davis.
How do you spell whom ?—W horn e. Laughter.) I
(spelled.
give my lecture. I called on old Mr. Provis, mule
to
could find you dictionaries in which it is so
s i d o.—
words with him on the subject of his obstinacy,and had some How do you spell " set aside ?'—S ett a s
to give me any information respecting in refusing (Laughter.) four times
my mother. He Sir F. Thesiger—These words are so spelled
said I was taken away at an early age from his spell them with two t's and two s's from
he really knew nothing about m
e- He then I have authority for sl3 • from
to his bedroom, opened his b took me up- a learned commentator,
.d ”
That is the way I
Bible and the jewellery. A large • t '
bureau, gave me the I prefer spelling `` asi e" " assi e.
be spelled.
likeness of my father, hung in his Ple rsre, said to be the think it ought to
room. He also made me
promise I would follow his directions,* GLOUCESTER. WierargEMAT, AUG. 10.
and I assured him I
would. He then gave into hand papers, COMMITTAL OF THE PLAINTIFF FOR FORGERY.
my a bundle of
with directions to take them to At • ' This extraordinary has,
to-day, come to as extra-
r. Thilps, an =went !

i:.rtB33hom. aslfAa. Rchiechp,ieahacdleib•keeninDram presentedmonds
with' b,
Lady said
uLaatduyreEalisztabheatthtTolityhtelerkee;sttaenr aocfcobuspnttitsmherheetiwllohuierddheaavthe
paid it.
Elizabeth Grace, widow of Henry Grace, who was
steward to Sir Hugh Smyth—l cannot say whether Sir
Hugh Smyth was acquainted- with tho Marchioness of
Bath, or whether Lady Smyth wag. I was present at the
marriage of Miss Wilson and Sir Hugh Smyth on the 20th
of May, 1797. After the marriage they went to live at
Bourton House, then to his father's, and then to Henbury.
I married Mr. Grace in the year 1800. He remained as
butler to Sir Hugh down to his death, on the 10th of Sep-
tember, 1821. He had the confidence and esteem of Sir
Hugh up to that time ; and that confidence and esteem
were continued to myself. My husband was buried at
Long Ashton Churchyard, and they sent me home in
their carriage. Mr. Grace had no connexion with the
Smyth family till 1801. My husband could not have had
the care of a child of Sir Hugh Smyth's. I never heard
him say anything of any son of Sir Hugh Smyth, except
Mr. John Hugh Smyth Piggott, the son of Miss Elizabeth
Howell. The plaintiff, Dr. Smyth, many years ago lec-
tured at the schoolroom. He knew I was Mrs. Grace, but
not that I was the widow of Mr. Grace. He never asked
me about my husband taking care of him and paying the
expenses of his schooling. Mrs. Florence Smyth died on
the 15th of July, 1852. The plaintiff told me who he MLR
at that time, and I told him I never heard that Sir Hugh
ever had more than one son. It was about two months
before her death he told me he was Sir Hugh's son. It
was a great surprise to me. I had never heard of it
before. I never heard of any rascality of which my hus-
band had been guilty.
John Brundey —I live at Clifton. I was formerly, for 19
years' housekeeper to Sir John Smyth, who lived at Heath
House. His brother Sir Hugh Smyth died, and Sir
John Smyth took the title. I have often seen him write,
and I know his signature. I believe this to be in his hand-
' writing (viz., the signature to the deed of 1822). I know
erAbbott,
hecamelli to m write.
ehe pro-
perty his son succeeded him. I remained
intimate with him as long as he came to the house. This
waspty not
ltrohenetgi steward.red, steward.sn After have oftensi
John
hs seen n
Cross-exam • d I can swear to Sir John Smyth's
;"inesAnbdbosotti's' tothattheindtehede
doeflB22of,liBs2i3n. Abbott's
hsiaglindewturriteinegf
writing. I left Sir John on the 25th of November, 1842.
I left Sir John before that, and Sir John came to me and
asked me to go back.
sirJ
johonhn sLemwst,h, asexa
Court. I was there within two or three months of 18
I; ha
s i p
alwayss ou— I lived with
Ashton
years. I have seen him sign his name four or five times to
deeds, and Abbott at the same time. The first deed of
1822 is signed by Sir John Smyth. It is also signed by
mhiisned butbleyr. Mr.
I.
Abbott. I never saw Abbott write, but I believe it to be
Abbott's handwriting. The second deed is signed by James
Abbott.
Cross-examined by Mr. Alexander—l went to Sir John
Smyth's on the 15th of May, 1825, and left in 1843. I
have been doing nothing hardly since. I have had some
jobs. I acted as an occasional waiter. I left Sir John be-
cause he said I didn't suit him. I told him he did not act
as a gentleman. My accounts were never wrong. They
could not make it out that my accounts were wrong. They
wanted to accuse me, but they couldn't prove it. That
was two or three months before I left.
Robert Stocker said—l was for ten years farm manager
to Sir John Smyth. I constantly received communications
from Sir John Smyth. I am well acquainted with his
handwriting. I believe the name of " John Smyth," on
the first deed, is in his handwriting.
Mr. Symes—l am a partner in the firm of Masters and
Co., of Liverpool. I went to Sir John Smyth, at Staple-
ton, as butler and valet, at Heath House. In three years
I became house steward. If I were shown these deeds out
of court I should say this signature to the first deed was
in Sir John Smyth's handwriting.
Charles Edwards—l am a saddler and harness maker at
Winchester. My father was in the same business at Marl-
borough. I should rather swear this (the name William
Edwards) was my brother's handwriting to both deeds, but
don't know when he did it.
Henry Edwards—l am a brother of the last witness. I
know my brother's handwriting. I believe these signatures
to the deeds are in his handwriting.
Richard Brech—There was a man named William Ed-
wards, who was a coachman. I have seen him write many
times. This is not his writing on the deeds. (Laughter.)
lamin my 72d year. That Mr. William Edwards was
not a son of the saddler at Marlborough.
Louisa Edwards, daughter of the witness Henry Ed-
wards, deposed that the signature in the smaller deed was
in the handwriting of her uncle William.
Eliza Edwards deposed, that she believed the signature
of William Edwards, who was her brother, to be genuine.
Mrs. Ann Clipold deposed that she believed the signa-
ture of William Dobson to be genuine. Mrs. Honor
Dobson, widow of Mr. Dobson;- was clearly of another
opinion.
Tho seal which it was professed contained the motto of
the Smyth family, " Qui Capit Capitur," was produced.
' The motto on the seal was " Qui Capit Capitur," an "o"
being substituted for the "n." The other deed had the
seal broken, and the learned counsel was afraid that a simi-
lar accident might happen to the second deed.
His lordship examined the seal, and smiled.
The court then adjourned.

The trial of this cause was resumed on Tuesday, at half-
past nine.
John Byfield, examined by Mr. Dowdeswell-- -I 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. He 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 Minington 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 I believe to be Abbott's
handwriting, according to the receipts.
Mr. Justice Coleridze reprimanded the witness for shuf-
fling in the witness box, and said he had a great mind to
commit him.
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 :