The Sun.
London, England, 1836-09-02 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LANcAsnun, AuG. 30.

DOE DEM TATIIAM V. WRIGHT.

Tho proceedings in this extraordinary case commenced
yesterday morning, a case in which, as was observed on the
last trial by Mr. Baron Gurney, is unequalled in the history
jurisprudence.
Mr. British
Mr. Justice Coleridge having left Liverpool immediately
on the conclusion of the general assize business, arrived here
late on Saturday evening, the trial of this case having been
positively fixed for yesterday morning, the 29th inst.
'ihe action is by way of ejectm-mt.

This case has been already tour times tried, and one pecu-
liarity in it is, that it is becoming difficult to get a judge to
preside who has not already had something to do with it.
Up to the present trial the present Chief Baron of the Ex-
chequer has been engaged by the plaintiff. Lord Brougham
has also been counsel in the cause ; as also, we believe, lies
Mr. Justice Patteson, Mr. Justice Williams, Mr. Baron Al-
derson, &c. The property involved in the question at issue is
said to be of a yearly income of above eight thousand pounds.
The deceased Mr. John Marsden, whose will has been the
subject of so much litigation, resided at Hornby Castle, in
this county, and he died in 1826. He bad never been
married, and the defendant, Mr. Wright, who inherits the
bulk of his property under his will, was for many years the
steward and priticipal agent and manager for Mr. Mars-
den. The testator was born in 1758, and at that time the
family resided in Wennington Hall, Mr. Marsden's father
died when he was five years old, and his mother contracted
a second marriage with a Colonel Bailie. There were but
two brothers, Henry and the testator John. The educa-
tion of the latter was not attended to. He was for some
time at a school in Lancaster, and afterwards at a school
in Kirby Lonsdale. Henry Marsden on coming of age in-
herited the family estate, but at 22 years of age he died
of a consumption. Having died intestate, his brother John -
came into possession, and notwithstanding that the mother,
Mrs. Bailie, was not, as it teemed from the statement,
upon good terms with the testator, yet no step was taken
to prove his incapacity at any period of her life. Soon
after the death of Henry he (John) sold the property in
Yorkshire, and raised a considerable sum by way of mort-
gage, to effect the purchase of Hornby Castle, which pur-
chase was completed in 1789, and about four years after,
in 1793, Mr. Marsden broke up his establishment at Wen-
nington Hall, the former residence, and removed to Hornby
Castle. At that time a brother of the plaintiff, who be-
came a Clerk of the Peace, was residing with the testator
and another relative of the Admiral, also a Miss Tatham,
who died in 1809. Things went on in this way till Mr.
Marsden's death, in 1826, when he was then bordering on
his 70th year. Admiral Tatham, the plaintiff, is first cousin
of the deceased, and in the present action he sues as his
heir-at-law.

It did not appear from Sir Frederick Pollock's state-
ment (who opened the defendant's case first, in consequence
of the form of the action) that Admiral Tatham had been
on intimate terms with Mr. Marsden during his life. Im-
mediately on his death becoming known, the Admiral dis-
patched a note to Mr. Sharp, the attorney of this town,
who had been Mr. M.'s professional adviser, not to allow
the will to be read. This note was followed by proceedings
in Chancery, and an issue was at length directed to be
tried, which trial took place at York, in March, 1830, and
when, after a trial of six (lays, a verdict was returned in
favour of the will. Two applications were afterwards made
to the Court of Chancery for a new trial ; but both were
refused, and recourse was then had on the part of the Ad-
miral to an action by ejectment. The first action went off
on a point of law. The second was tried by Mr. Baron
Gurney, and on that occasion also a verdict was returned
in favour of the will.

Sir F. POLLOCK, in opening his case yesterday morning,
proceeded to an examination of various letters, and also of
a great number of deeds, bonds, &c., which Mr. Marsden
had signed, and which had been witnessed by persons of
the highest respectability, who would not, he contended,
have been parties in any way to such transactions had
they at all doubted Mr. Marsden's competency to under-
stand these documents, or had they believed him to be,

as the plaintiff wished him to be thought, a " born idiot."
The Learned Counsel was next proceeding to read some
letters received by Mr. Marsden from several individuals,
when—

Mr. cRESWELL objected, on the part of the plaintiff, to
their being put in, as the Court of King's Bench had de-
cided thiit their reception on the former trials was improper.
Mr. justice COLERIDGE thought the letters came within
the objections admitted by the King's Bench, and decided
accordingly, to their being put in on this trial, but the
Learned Judge took a note of Sir F. Pollock's having ten-
dered the letters in the clause.

The Learned Counsel then went on to cite the nume-
rous other legal instruments which Mr. Marsden had exe-
cuted, and upon these documents alone he contended that
Mr. Marsden's competency was established beyond the
possibility of a doubt. The Learned Counsel concluded
his very able address by a solemn appeal to the Jury, and
sat down at a quarter to six o'clock.
Sir F. POLLOCK commenced his address about half-past
ten o'clock yesterday morning. His speech consequently
occupied the long period of nearly seventeen hours.