The Sun.
London, England, 1822-03-22 00:00:00

LENT ASSIZES.

BUCKINGHAMSHIRE.
DOE, ON THE DEMISE OF HASSELL, v. ATKINSON AND

PARKINSON.

This was an action of ejectment by George Hassell, heir at
law of the late Mr. Hassel, of Cholesbury ; and the defend-
ants, having to show a title for excluding him, had first to
offer the evidence which should establish that exclusion.

Mr. SCARLETT stated the case to the Jury in a very ani-
mated speech. The title of his clients was founded upon the
last will of the deceased. By this instrument, the testator,
after directing the payment of his just debts, left his whole
property to Mr. T. Atkinson, and' Mr. J. Parkinson, in trust
to make such a provision for his sister as would make her com-
fortable for the rest of her life. It further directs that Is.
should be paid to his heir at law. This will was in the hand-
writing of the deceased, and bore date the 25th of June, 1814.
He understood that it was intended to contest this will upon
two grounds—first, upon the plea that it was not regularly
published and witnessed • and, secondly, that the testator was
insane. He should be able very satisfactorily to combat these
objections. The Learned Counsel then recapitulated the prin-
cipal points of the. evidence.
The finding of the will having been proved, the three wit-
nesses to it were called. Bachelor remembered signing a
paper. The Rev. Mr. Owen visited Mr. Hassell in 1814. He
could not say that the signature, as one of the witnesses of the
will, was his hand-writing. Witness at length said he believ-
ed it was. He did not recollect signing ; he had witnessed
three or four
_papers for Mr. Hassell without knowing what
they were. On his cross-examination the witness stated that
he thought many of Mr. Hassell's acts indicative of insanity.
He once consulted witness about challenging Mr. Jervis, in
consequence of some expressions that Learned Counsel had
used to Mr. Hassell, upon a trial at Monmouth. At another
time, when they were at Mr. Moore's house, near Berkham-
stead, he asked witness to help him out of a high window, at
a very
iearly hour of the morning, and he did, jump out. He
also n consequence of some difference, asked witness to
walk with him to a wood, and then, presenting one of a brace
of pistols to him, said that was the way to settle a quarrel.—
Witness struck- one pistol out of his hand, and took the
other away. Mr. H assell afterwards made an apology 'for his
conduct.

Mr. Honeyman authenticated his signature to the will. He
thinks Mr. Owen was present when it was signed; though Mr,
Hassell (lid not say what it was. He never had any doubt of
the testator's sanity.
The Right Hon. Charles Yorke.—l knew the late Mr. Has-
sell extremely well. In 1786, at the recommendation of Mr.
Fowler Walker, I took him for my clerk, when I was at the
bar. He afterwards was engaged by Messrs. Farrar and At-
kinson, and subsequently became Secretary to Lord Hardwicke.
When I was appointed Secretary at War in 1801, I made him
my Private Secretary, and he remained such until, in 1803, I
appointed him Agent-General of Volunteers, a situation of con-
siderable responsibility, in which he continued till about 1812.
My intimacy with him was kept up till the time of his death.
I never doubted of the sanity of his mind. The duties of his
office as Agent-General of the Volunteers were multifarious
and important. When he was my Secretary I trusted him con-
fidentially, and never met with a steadier or honester man.—
He passed his accompts with the Auditor-General for upwards
of ten millions, and when he received his quietus there was a
balance in his favour of 161. Mr. Fowler Walker left Mr.
Hassell the whole of his property ; I was joint executor with
Mr. Hassell, but always left him to act. I never would at any
time have hesitated to witness his will.
The will was then put in and read. Every part of it was
in the hand-writing of the testator, except the signatures of
witnesses.
Mr. Escombe, of Abingdon-street, Westminster.—l was for-
merly clerk in the Agent-General's office, and knew Mr. Has-
sell for twenty years. I often considered him in a flighty
state, as little things in the office would flurry him. I should
not generally have had any objection to have witnessed his
will.
On the cross-examination of this Gentleman, by Mr. West,
he said that Mr. Hassell had several times told him his sister
was deranged. The business of the office was done chiefly by
Mr. Colquhoun and Mr. Longlands, but Mr. Hassell was re-
sponsible. The witness then spoke to some circumstances con-
nected with Mr. Hassell being taken ill at witness's house,
where lie occasionally lodged ; his illness was a violent vomit-
ing ; on another occasion witness heard a noise in Mr. Hassell's
bed-room as of a person kissing another, and going in found no
one there. On his re-examination he said that Mr. Hassell had
explained to him that the temporary derangement of his sister
proceeded from epileptic fits.
The last witness having proved the hand-writing of Mr.
Hassell to four letters, they were put in and read. The first,
dated the sth of January, 1814, was addressed to Messrs. At-
kinson and Parkinson, and contained some very clear and sound
directions as to the letting of a farm. The second, dated
August, 1814, was addressed to Mr. Parkinson, and after some
observations upon the Aston Clinton Enclosure, in which Mr.
Hassell was interested, alluded to the health of his sister, in
these terms—" She has rallied a little, but whether she will
rise again I know not." The third, of the Bth of October,
1814, to the same gentleman, contained an invitation to Cho-
lesbury, and entered into very minute explanations as to the
time of the departure from London of the Buckinghamshire
coaches. The last letter was dated the 15th of April, 1815,
and was written from Cholesbury to the same gentleman, after
Mr. Hassell's return from a trial at Monmouth. It stated,
that he had returned home an invalid, having had a severe
cold ; and added, " Jervis's incorrect and illegal attack upon
me has preyed upon my mind, and I have been really very
ill." It went on to recommend Mr. Parkinson to be careful of
his own health ; to take exercise, and to rise early.
His Grace the Duke of Buckingham was next examined.—
I was acquainted with Mr. Hassell from 1811 or 1812 till his
death. I knew him as High Sheriff of the county, and as a
Magistrate. I was in the constant habit of knowing him, and
would have witnessed his will at any time. He visited at Stowe
during the life of my father, and since. I never had any doubt
as to his sanity, and nothing ever so much surprised me as his
melancholy death, and the imputation it cast upon his mind.
In answer to a question from Mr. Sergeant Blosset, his Grace
said, I never heard him called " Mad Hassell," nor heard the
slightest imputation against his sanity during his life.
Rickford, Esq.—l was banker to the testator, and
transacted business with him from 1812 to the time of his
death. I was in close habits of intimacy with him, and never
had any doubt as to his sanity. Had I been called to witness
his will, I would have done so. Mr. Hassell was a very good
accountant, and his correspondence was superior to his conver-
sation ; both these circumstances, I think, bespeak reflection.
Mr. Rickford explained that the sickness alluded to by the wit-
ness, Mr. Escombe, was caused by Mr. Hassell having eaten a
hearty luncheon of sturgeon, at 31r. Rickford's house in Lon-
don. He went to Mr. Hassell during that illness, but observ-
ed no indisposition of mind.
Mr. Henry Rumsey, surgeon, of Chesham, attended Mr.
Hassell's family at Cholesbury. The complaint of his sister

Was epilepsy, which weakened her both in body, and mind, but
there was no mental disease independent of her malady.' Mr.
Hassell was very much interested in the state of lus sister.
Witness knew him from 1807 to 1821, and never had a doubt
of his sanity. The day before Mr. Hassell's death, he com-
municated to him that his sister could not live 24 hours, and he
was much affected. On his cross-examination, Mr. Rumsey
stated that Mr. Hassell, on the morning previous to his death,
appeared perfectly' sane ; and upon his re-examination by Mr.
SCARLET T, he said that up to the time of the communication
he made to Mt. Hassell, he never saw any sign of insanity.
That species of insanity which is indicated by a man destroying
himself might come on suddenly. The sister died the day after
Mr. Hassell.

Mr. Jacob Horwood lived near Mr. Hassell, and was ap-
pointed by him to manage the lands which the testator held in
his own hands. He always acted and talked like a reasonable
man. He came to.witness the night before hii death and talk=
ed " a vast little" about his .sister's illness, Witness went to
Mr. Hassel's house after his death, and before the body was
discovered, where he found two papers, one addressed to him.
self, and the other to Messrs. Atkinson and Parkinson. On
his cross-examination, witness stated that he has said, when
Mr. Hassell sometimes bought cattle too, dear, he must have
been out of his mind. He might have said that his master was
mad. Recollected his planting cabbages, and first dipping the
ends in soot.

The two letters were put in and read, and from their affect-
ing character they produced a considerable sensation in Court.
The first, addressed to the last witness, stated that the unfor-
tunate gentleman felt that his reason was gone, and his nerves
shaken. His sister's illness preyed so upon his mind that he
was weary of life ; and before that letter was received he should
be no more. He had written to Messrs. Atkinson and Parkin-
son to come down ; hoped that Horwood would take care of
every thing till they arrived ' • and desired that he would not let
the man who called himself his brother come into the house.
The other letter to Messrs. Atkinson and Parkinson was of the
same character ; stated that he had left them his property :
gave some minute diredtions for the repairs of the house of
Cholesbury ; and added, that if his body was not found before
their arrival, it would be discovered in the pond facing the
house. The lamentable catastrophe was accomplished in this,
manner.

The case for the defendants being closed, Mr. Serjeant
BLOSSET stated the case for the plaintiff. He contended that
the letters last produced were sufficient.to establish the insanity
of the testator. They were of the same character as the will •
the hand-writing of each was of the same tremulous and feeble
kind, indicating the same nervous feelings. He contended-
that abilities were not inconsistent with madness : and adduced.
some examples of the readiness with which madmen pursue
their habitual employments, although under the influence of
powerful delusions. in the case of this unfortunate Gentle-

inan, the predisposing cause of his malady was the illness of
his sister ; lie made his will under this powerful excitement,
and in the same state of mind he destroyed himself. The
Learned Gentleman concluded a very able speech by contend-
ing that the will was not properly attested.
Mr. Box, a proctor of Doctors' Commons, deposed, that
Honeynian, one of the witnesses to the will, had declared to
him he had no recollection of signing it in the presence,.of
Owen and Bachelor, the other witnesses.
Mr. Loi2glands, Solicitor to the ,West India Dockcom-

Mr.
pany,lnew M. Hassel from 1803 to his decease. Witness
was Deputy Agent-General of Volunteers. He considered
Mr. Hassel of entirely weak mind, and weak nerves ; he could
not venture to pronounce him insane, but he had seen hiM
inconsistent in his conduct, and incoherent in his ideas. The
witness then related an account of Mr. Hassell, on the occa-
sion of Sir F. Burdett being sent to the 'rower, putting on the
dress of a Deputy Lieutenant, and riding round London to
inspect all the Volunteer Corps. An increased responsibility
being thrown on the Agent-General in 1812, Mr. Haiiell be-
came frightened, and resigned his office.
Mr. Colquhoun, joint assistant with, Mr. Longlands, stated
that Mr. Hassell was occasionally subject to fits of dejection,
and was at other times in high spirits. His nerves were very
much shattered. He transacted business with him frequently.
Mr. John Moore, who lives near 13erkhamstead, knew Mr.
Hassell 14 or 15 years ; thought him a weak man, and at
times flighty ; and on such occasions would not have witnessed
his will.

The Rev. Mr. Owen stated, that Honeyman -had declared to
him that he was not present when Mr. Owen signed the will;
he was astonished to find his own flames there, and had no re-
collection of it. - .

Mr. Richard Sutton knew Mr. Hassell 14 or 15 years ; wit-
ness was a stockbroker. Mr. Hassell was subject to great agi-
tations. He would not have witnessed his will. under those
circumstances. On his cross examination, witness stated, that
he had transacted business for Mr. Hassell in the stocks—not in
his low moments. lie never hesitated to execute an order for
him. lie always transacted business when collected.
Sir Brent Spencer knew Mr. Hassell in 1815. Has seen him
frequently in a dejected state, and has tried to soothe him. Mr.
Hassell frequently stated his sister's ill health as being the rause
of his low spirits.
George Bachelor was gamekeeper to Mr. Hassell 11 years.—
Witness thinks he was not right at times. Four years ago
ordered witness to pump a pond out to make a reservoir : lie
said, " he'd make the frogs stare; old Joiner never made them
stare so." His name was " Mad Hassell" all over the neigh-
bourhood.

Benjamin Puddiford worked as under-bailiff for Mr. Hassell.
He used very comical expressions at times. He once ordered
witness to sow some barley amongst some clover that had been
sown with the barley of the year before.
Richard Cox deposed to the rout of the frogs, and recollected
making hay at midnight.
'William Osborne, hairdresser .of Ailesbury, deposed. that
Mr. Hassell has frequently come to his shop, and that having
gone up stairs to shave himself, he has come down with the
lather on his face, saying if he remained longer he should cut
his throat.

Mr. W. Hassell, brother of the plaintiff and the deceased,
stated that no quarrel existed between the two brothers. Ile
never visited at Cholesbury, but believed his elder brother did.
Mr. F. Hassell, son of the plaintiff, visited the deceased se-
veral times at Cholesbury, and was treated respectfully and
kindly.
Mr. SCARLETT replied, in a speech of the greatest inge-
nuity. He contended that the will was legally published and
subscribed ; its validity rested, not upon the frail memory of
the witnesses, but upon their hand-writing, which they were
compelled to acknowledge. The Learned Counsel then pro-
ceeded to comment upon all the evidence for the plaintiff with
great force and humour, and concluded by imploring the Jury
to deal justly with the dead.

The LORD CHIEF BARON summed up ; and the Jury,
after consulting a short time, returned a verdict for the de-
fendants_

Monday night Mr. Alexander Handy, of Kent-street, was
beset in the Borough-road by four ruffians, who assaulted and
robbed him of a silver watch and two seals. On the same
night, a poor old man a pensioner, who gains a livelihood by
selling small shell fish in public-houses, was attacked on the
highway near the Elephant and Castle, by a stout fellow six
feet high, who robbed him of 2d. and about a quart of perri-
winkles.

Yesterday a man named Spratling, but better known as
Black Joe, was tossed by a bullock which had run wild, near
the Cattle Market, in Canterbury, and much injured. He
was taken to the Kent and Canterbury Hospital, and we are
happy to hear is likely to recover. It was afterwards deemed
expedient to kill the animal, with two others, in a stable near
the spot, as they were too dangerous to be driven through the
town.