The Sun.
London, England, 1814-06-06 00:00:00

[PRICE SIXPENCE-ITArJ'PENNT.

LAW. IN I'ELLIGLNCE.

CouRT OF KING's BENCH, JuNz 4.

LAWRENCE V. WARLTERS.

This was an action whicli occupied four hours
and a.half, and excited a considerable degree of
interest. It, was an action of replevin. The
1)1 .AI itifrand -defendant ou the record lad no in-
terest in the question : the real parties were, the
eide§t On and heir-at-law of Mr: Satnnel Jack-
snu, formerly a brewer and hop:alereli:mt in the
Borough, and Mr. William Townsend, an attor-
ney, who ha; carried on business in Staple's Inn
for near fifty years. The history of the case,
compressed in
,the shortest possible compass, ig
this : •

The father of Mr Jackson had formed an at-
tachment for his housekeeper, by had a
daughter (now married) Soon after the brh of
the daughter he married his housekeeper, and had•
several children. Samuel Jackson was the first
born after the marriage: he went t' India. 'llls
father had resided for some time at Axminster, in.
Devonshire, and about ten years ago returned to
London. Upon his arrival, he lodged at the Sa-
racen's Head, Snow-1101, where he was taken ill,
and died intestate,- 14:lying a very large per,otial
and freehold property. At his death his pecuniary.
concerns were, and had for a i6ilg period been,
under the management. of Mr. 'I ownsend, the at-
torney. Samuel Jackson, vie-son, heard by acci-
dent of•his father's death, -and,- quitting the India
service, claimed of Mr. Townsend an account of
his patrimony. He could get no satisfactory in-
formation; and was obliged to institute proceed-
ings in equity. In the mean time Mr. Townsend
set up a Will; In which • himself, and Mr.. Ho-
garth, his clerk, were, nominated the executors;
It was not an original will, for he'pretended that
was lost ; but it was the draft- from which the
original will had been copied. He took the draft
to Doctors' Commons, and, swearing to the loss
Of the original, obtained propate.--Samuel Jack-
son, the heir-at-law, in order to try the validityT
of the kill, Ilistrained upon
.the plaintiff, one of
the tenants. The plaintiff, being imleninified by
Mr. TOwnend, replevined.
The case having been opened by Mr. ATTOR NEY -
GEN ELIAL in support of the will, he called several
witnesses, and among others Mr. Townsend and:
Mr. Hog-arth. They both swore to the deceasell
made his will at Townsend's Chambers in
Staple's Inn. Mr. Townsend then swore, that
after the death of Jackson he found the will in his
trunk, at the Saracen's Head ; that he took it out
and read it over to the relatives, and returned it
again to'the trunk, leaving it in possession of the
daUghter of the deceased ; that she sent the trunk
to his Chambers next,dav ; that,thewid was then
missing, and bad never been seen since. Upon
his cross-exa'raination he said, he had nia:!e no in-
tpdry at the time about the will ; he had not gone
to the Saracen's Head to -say such an important
paper had been lost in the house, he bad not ad-
vertised it, he hail not applied to the police, nor
had he taken any one step to recover it. •
Mr. PA RN E contended, that the story related by
Mr. Townsend and Mr. flOgarth was improbable
and false. He put it to the Jury whether they
were worthy of being believed on their oaths.—
That a Will disin4eriting the' heir had been Made,
he-admitted ; but it had been. cancelled, and both
Townsend and Hogarth knew the fact. If the Will.
had been in.the trunk when Mr. Jackson died, it .
..could not have been lost; •it would have been too
much the interest of those who had the custody of,
it for thein.not- to-have taken
.care of it, He there-
fore trusted the Jury woulddishelieve Townsend .
and:llogarth, and giVe the heir-at-law .his right.
Lord ELLENBOROUGH addressed the Jury in. a'
mist able manner. • lie was of opinion that a
considerable degree of. suspicion hung over the,
conduct of Mr.. Townsend and_ Mr..;
'There were several circumstances in the'''eitsit?.:2''.
'which :made •their testimony eXtremelv doubtful._
He hail no thiubt-.the Jury; in forming their. •Ver--
diet, would exercise a sound judgment. •
The Jury retired for. a short time, anti returned
• a verdict-for the nominal defendant, thereby dis-
crediting the Witnesses Townsend and flggarth,
reiecting the spnribus will, and establishing the
tight Of the heir-at-law.—The property thus reco-
vered athounts to about 25,0Q0/. ,