The Sun.
London, England, 1846-03-23 00:00:00

SUN,

MARCH 23, 1846.

ASSIZE INTELLIGENCE.
MIDLAND CIRCUIT.—Derby, March 18,19,and20.

DOE DEM. THORNHILL v. THORNHILL.
This action was brought to recover possession of what is
called the 011erenshaw estate, situated near Chapel-en-le-
Frith, claimed under the will of the late W. Thornhill, Esq.
aaTjTis,
:dsa,eeevlpa
plaintiff,hhl
aadHdaTne rdhsosoa,
ba,kt rvtirnarhei re.h, v)hrlar.n.
The counsel for the lessor of the plaintiff were Mr. Hunt
w
s
e
d
frev, Q.C., Mr. Waddington, and Mr. Haynes; for the de-
fendant, Mr. Cockburn, Q.C. (specially retained), Mr. White-
burst, Q C., and Mr. Wildman.
in
isubstance,ter Thornhill,sta residesed the s
iu ie,oansdf,
ing on trade there; the defendant is Mr. Jonathan Thornhill,
onill,ocwasrr7-
es, wteo
inlet)
t.ao. residedidedheefreoantbdh
laeerns
defendant,
matr
nWdo yearsfta, t dt
olhbo:uwei
try,
b.ui.
uncle's
eehp:isas
,tvcounty.
business
aTie
the brother of the testator, their common ancestor being one
going to London, the families became sepa-
rated,testator was apprenticed to an uncle at Stockport, as a currier,
they ultimately succeeded. The testator was a penurious man
an eccentric man. In 1829, he purchased the 011erenshaw
estate, consisting of 170 acres; for which he paid 8,000/. In
1830, he retired front business, and went to reside on the
property, and continued so to do until his death. The mind
ache testator was swayed by two metives, penury end os-
tentation. He was at the same time kind to the poor, but
here his love of money showed itself, for though engaging
large numbers of them when out of employ, he would, ne-
vertheless, give them the smallest wages he could. The tett-
tater was in the habit of corresponding with his relatives in
London, that is, with the father ref the present plaintiff, and
his family, and on one occasion he went with them to see the
" Lions," such as the Parliament Houses, the Opera House,
leo. It would appear that, having risen from a humble sta•
that, his chief object was to found a family name, and net
being, in the year 1839, married, and his brother, the
defendant, having only three daughters, whilst the
plaintiff, young Mr. Thornhill, had two or three sons,
he became attentive to him, and in a letter to the
father of the plaintiff, he speaks of Mr. Walter as " hi.
good son Walter:" he also mentions that his brother
has only daughters, and if he (the testator) did not
marry, he should like to show some respect to the name
of Thornhill The testator belonged to a religious sect called
"The New Methodist Connection." who have sonic peculiar
notions as to the world beyond the grave. and like the Puri-
tans and Covenanters in ft trmer times, are very strict in their
religious notions. In 1839 the testator married a Miss Bar-
low, the daughter of a widow lady, at whose diath she weuld
inherit near 10,0001. Quarrels t'rose between them; while
just a year after the marriage a charge eats made by one of
the female domestics against her master of an attempt
at rape. The deceased always protested his innocence,
and attributed the making of the charge to a con-
spiracy between his wife and the girl. It would appear nit
settlement was made at the marriage, and all the testator
got was a bad debt, in the shape of an old note for 300/.,
which Mrs. Barlow, knowing his penurious habits, and that
if any body could get the money he would, handed to him,
and Ira did squeeze out of the party 1001. On one occuir.n
the lady having a legacy of 2501. left to her, she, accom-
panied by her husband, went to receive it. She signed her
name to the receipt paper, but the husband refused to sign
his own until he had got the money. She contended it yeas
hers, he took the contrary side of the qaestion, and a scene
of recrimination tosk place, which ended in her scratching
her name through, and they left without the money. In
consequence of these disagreements, the wife, orr two
occasions, left her husband's home, and only re-
turned shortly before his death, which took place on the
7th of May, 1845. On the 25th of M trch, 1845, he made
his will, giving the estate in question to the lessor of the
plnntiff. He also left a large sum for the buileing of a
chapel, and made his brother, the defendant, a residuary
legatee, which in effect was giving him the bulk of his pro-
perty, but cutting off his wife with 54 ; alleging in his will
her misconduct towards him as the reason why he had done
so. The intention of doing something for the plaintiff was
shown to have been in the testator's mind long before
snaking his wile for in a letter written shortly aft-r his
marriage he says, he has not "much hopes of a family, and
in failure of one I do intend to think well of you." In
that letter his love of osten:ion broke out, for he stares his
house is tarty-two yards low, and in order to give it an im-
posine appearance the stables were in the middle, and to
save in taxes no room had more than one window. Mr.
Humfrey then read several letters from the testator to his
relation in town. We insert the fellowing as showing his
political opinions ;—" As respects politics, we in this country
bel eve that Peel has been called to the head of the National
Assembly to rescue it from total destruction, which ten
Years of bad policy and misgovernment have welt nigh
effected. As for Cobden, I was on the hustings at Stock-
port when he first offered himself a candidate for the bit-
rough, but lost his election, my brother being returning-
officer, as mayor. He (Cobden) is very malicious, and of
fiend-like passions, anti therefore if he should do any good it
will be by misadventure.—( Loud laughter.) You ask if there
is not a deal of distress ? I answer in the affirmative. How
must is be otherwise when neither our home or foreign trade
are protected. Look at the home trade of lace, silk, and
gloves. By the admission of French articles of this descrm-
tion, those mech inks who used to earn 211 s. now get but Cs.,
and not employatent for them at that. Woodstock, in Ox-
fordshire, for gloves, is quite ruined ; Coventry for ribbon ;
Nottingham for lace ; and look at Spitalfields and other places
for silk; and in Sheffield, Kussi n cutlery and German saws are
sold at 30s. per cwt. under English. Now trade is bank-
rupted agriculture must be so toe—Aeierican cheese at sd.

. - .. - - ..... -..—...... ... -...
libUseiMlifers.Who hai4 rent and taxes to pay. Wonl !it be
right to have all household ra out of home to live in elves
and under hedges? Nt•ed we a,l{ how a river is dried up
when its sources are dried away?" The Learned Counsel then

went on to detail the circums,ances under which the will was
witnessed, and to remark upon the insanity that was intended
to be set up, citing cases to show, however eccentric or even
insane a man might be on any particular point, yet, if he was
sane with reference to the disposition he was making of his
property, the will would stand good.
The great body of evidence adduced on the part of the
plaintiff vent to show that, however eccentric the testator
might be in some matters, such as believing in dreams and
the interpretation thereof, the re-appearing on earth of the
spirits of' the departed, &c., yet, in the main, he was a
shrewd, sensible, keen man.
Mr. COCKBURN then proceeded to open the case for the
defendant, with a view to prove the insanity of the testator,
and certainly a more extraordinary case we never remember
to have heard; but the principal delusion under which the
testator appeared to have suffered was, that no woman could
he chaste, and that his wife in particular was abominable ;
and all this, so far as the evidence went, was utterly without
foundation—one moment accusing her of conspiracy, incest,
and adultery, and in the next writing of her in the most
affectionate and endearink terms. He was exceedingly
jealous of his feMale servants being contaminated, and would
discharge a labourer if he even looked towards the !liaise.
The girls would take advantage of this delusion under which
he suffered, and would, when he was about the premises, set
up a scream, upon which he would immediately take off his
shoes and run round to the door to save them. He was
curious, also, in his way of dealing with his labourers ; he
would make them all work in a line, and would call them to
work or to rest by the sound of a horn. As to his conductin the house, he would get up, light the fires, and make his
servants' breakfast, and if a fire wanted blowing he would
have all the tires in the house blown at the same time ; anti
so with warming the beds, and when the pan was brought
down he would feel the bottom of it, and if he thought it
felt too warm he would send the servant up again to renew
her work, saying he would not have his ctials wasted. On
,
one occasion he made his wife sit with him all night long in
he coal-cellar ; on another he mistook a log of wood f.ir a
devil and would have it shot at. At another time he said
he was beset with twelve devils, be accordingly went out,
and having fired a pistol twelve times. he came back paci-
tied, saying he hail killed all the devils Mr. Cockburn, in
his address, read an immense number of letters, showing his
opinion of women and of his wife, but the details were
too disgusting and horrible to be given, and
could only be ascribed to the mental delusion under
which he was suffering. At the conclusion of Me.
Cockburn's address he proceeded to call his witnesses.
and shortly afterwards Mr. Humfrey informed the Court
and jury he should trouble them no further. He could not
conceal from himself that the case opened by his friend, and
proved by the documents he had been permitted to see,
would lead the jury to believe there was general insanity ;
therefore, considering the proper attestation of the will might
also be doubtful, he was content not to ask a verdict at their
bands. Before he did that he begged to make an observe-
' tion as to Mrs. Thornhill he wished to say, from the evi-
dence and all he had heard, that the testator's conduct with
regard to her was a perfect delusion, and he trusted that in
the mind of every honourable man who might read or hear
of this case no ground of reproach would remain as to her
conduct; it was his duty so to say, arid lie hoped it would be
a satisfact on to her feelings that he made that apology for
speaking of her before in a manner which only arose from
his not hearing the case.

The CIIIF JUSTICE said he thought the Learned Counsel
took a very proper vi,•Nv of the case, whilst the observations
he had made were handsome and honourable to his feelings.
A verdict was then taken for the defendant.

A knit was found near the canal si le. When arrested, he
asked the police-constable to go to his mother, and tell her
not 'o fret about it.

Thomas Highton, surgeon, stated that he was called in at
about half-past six. Deceased was in a chair. The wound
in her throat caused her death. She could not have spoken
after ir, fur it severed her windpipe, and must have been dune
by a pevon standing behind.
The prisoner was found Guilty, wl.en
Mr. Justice CourstAx passed the awful sentence of the law
upon him, that he be hung, bolding out no hopes of mercy.
The prisoner remained unmoved (luting the trial. He was
spoken off by the witnesses as a mild inoffensive man, while
the deceased was often violent in her conduct towards him,
and once struck him with a poker.

WESTERN CIRCUIT.— Extter, March 21.
NISI PRIUS COURT.—(Before Mr. Baron ROLFE and a
Special Jury.)
BREACH OF PROMISE:ELLICE V. FENWICE.
This was an acti:m brought by the plaintiff, who is a lady
forme! by rending at Teignmouth, in this county, against the
defendant, for a breach of p-omise of marriage.
Mr. Greenwood and Mr. Stone appeared for the plaintiff;
Mr. Crowder, Q.C., Mr. Haywood, Q.C., and Mr. Montague
Smith for the defence.
Mr. STONE having opened the pleading.,
!lir. GREENWOOD stated the facts of the case to the jury.
He then called
Mtss Awelie Longdie examined by Mr. SToxE.—I know
lie plaintiff and the defiaulant. Iti the autumn of last year
I was lodging with Mrs. Ellice at Teignmouth. She was a
widow. about thirty-five years //f age. She bad one daughter.
aged eight years, and had four children of Mr. and Mrs
Seward under her charge. Mrs. Ellice was introduced to the
defendant by Mr. Hayes. The derendant lived at Veal',.
Hatch, and had a cottage at Comhe, close to Padden'. farm-
house. He is about thirty. He appeared te be a man of wealth ;
kept horses, dogs, a dog-cart, groom, a yacht with five me.,
a phaeton, also a gamekeeper; he rented-a manor also.
said he had a house i.t town, a barouche, an estate at :Hay.
line, also one at Croydon. He came to Mrs. Ellice's daily: •
some days many times. We often went out in his yacht,
invitation. myself, the plaintiff; and Mr. amt Mrs. Hayes.
I remember the Teignmouth races. On the second day e
both went. I and Mrs. Ellice walked to to the course -0 ith
the defendant. The race- cour.e is close to the town. Ile
was particularly attentive to Mrs. Ellice, and introduced her
to his brother-in-law, Mr. Mars-on. I saw the defendant of
the next day. He invited my&df and Mtn. Ellice to g,
to 'Torquay. We went about two in a hir,
carriage. He was exceedingly attentive to the plai
till. We raurrnd in the evening. On the, next
he callA, and.said he was going to London. On that
tkiy I dined at Mrs. Hayes's. (In my return I found
Mr. Feu% ick there in the drawing-room with the plaintiff.
I thought my company was not desired, and I went into the
next room, which was my bed-room. There was a door com-
municaling into the drawing-room. There is a table, a
dressing table, next the door. I stood at that end

There heard the defendant speak. It was in a loud t,me. I
heard him say, " will you have me?" She said,

" Your family will think you foolish." He interrupted her,
saying, " Mv family have nothing to do with it—will you
have me?" I did not hear what answer she made. Soon after
this I went into the room. The defendant had his arm round
Mrs. Ellice's waist. He said, you see Mrs. Ellice is afraid to sit
next me now. He remained about half an hour, and then left.
He called again the next day. and from that time he came
daily. He made her various presents—a writing-desk and
Bible, which he said had belonged t r his deceased sister,
and much valued, some French slioners, gold studs, marble
vase, gloves. and daily presents of 'French flowers and wine.
I have heard him t.II Mrs. Ellice that he had desired his
yacht-men to call on her daily for orders, which they did,
and she often gave them orders. The defendant spent
most of his time at Mrs. lodgings. On the 24411 of
September, which wes his birthday, he said to me that he
had wished Mrs. Ellice to spend that day with him at his
cottage alone, hut she had refused to do so on that day.
We lunched with him on board his yacht, and then walked
with him to the cottage. Tke children had been sent by
him, with the nurse, to the cottage to spend the day, and Mr.
Do Ans walked with us. The defendant's attentions to Mrs.
Ellice were very particular on that day. On the next day
we went in the yacht to Exmouth, and returned in the
evening. During all this time the defendant's attentions
were of that kind as if he considered himself engaged to
Mrs. Ellice. I remember a Mr. Johnstone, the plaintiff's
father, and his wife. On the 30th the defendant expressed
his regret that he was engaged out to dinner. Showed Mr.
Johnstone about the town, and arranged to go with him,
his wife, and Mrs. Ellice, to Torquay the next day. They
went in the defendant's pheeton, and Mrs.- Ellice sat by
his side on the front s at, and Mr. and Mrs. Johns-
tone behind. In October I heard that it was arranged
that Mrs. Ellice was to take the children of Mr. and Mrs.
Seward to Cheltenham. This was on the 9,1 of October.
The defendant said he was obliged to go to Exeter on busi-
ness, but hoped to get it over and go to Cheltenham with
the plaintiff; it was also arranged that Lord, me, tied Mrs.
.Johnstone, should go up to Exeter on the 3d and meet her.
We went up and stopped at the Full Moon, where we were
met by the defendant, who mid that he was sorry that he
had been unable to go with Mrs. Ellice. He said he should
to to meet. her at the railway station ; he did several times;
but she did not come by the first train, by which he said he
expected her. We dined together, and he ordered dinner to
be prepared for the plaintiff in time for the last train. He-
told m.e that he was about to dismiss his housekeeper and
•Iseva•.,A4., J1•111t,-sic turnMa,e 11,1 toe gum
studs. We returned t 9 Teigmnouth in his cartiage. He
promised to dine with Mrs. Ellice the next day, but did not
come. Toe next day there was a bill at Teigmnouth. The
defendant called in the evening at six, and said he should
not go the ball if he could help it, but should
come again about ten. I went to the ball, where I again saw
him. 1 asked him why he Intl not kept his appointn ent to
(line, he said he had been at the barracks engaged with the
colonel. He said the of ice. had been teasing him
about his being a married man, but he did not car ,
for that. He said he had en engagement with the colonel
the next day, but. should call on the plaintiff. He called
three times, and it was arranged that Mrs. Johnstone,
myself, and Mrs. Ellice should go on board the yacht the
next day, which we did.. The defendant, on this and all
ether occasions, behaved in a way he could not have done

had he not considered himself art engaged person. He said
he was going to Oxford on the 16th of October, and it WAN
arrang d that we should go to Exeter to meet him. Mr.
and Mrs. Johnstone were to return on the sane day to
Dublin. They went, hut Mrs. Ellice did not, as she was
ill. This was the 14th of Octt.b.r. Before he went
away he give Mrs. Ellice a packet. Some time after
this, about a fortnight, I saw the defendant in Exeter.
I never saw him at Mrs. Ellice's after his return
from Oxford. When I saw the defendant at Exeter
I t,dd him that Mrs. Ellice had been. ill. He expressed
great regret—he could not help it—that he had received

some anonymous letters from Teignmouth, saying that his
conduct had cau-ed her illness; that he was sorry he could

not come down that day, as he was engaged. Desjireiine---t;
give his love to her, and tell her so. I went back that dad•.
After this t saw Mr. Downes, he was an intimate friend of

the defendant. He came to Mrs. Eliice's. I was in the room
with her. Some conversation passed, grid he left. I never
after saw the defendant there. Mrs. Ellice remained at
Teignm 'nth until November, and tlen left.
t;ross-examined by Mr. CnowDEts—l had known the plain-
tiff for f tur
.rears before July, at London, Cheltenham, and
at Brighton. I began to reside with her in the September
before she e ent to Teignmouth. This was at Cheltenham.
In London she lived at my brother's. She had no employ-
ment at that time, nor had I. I afterwards went to Frank-
fort. %Vhtn I came back she engaged me as a subteacher
under her, and she went to Teignmouth. We ladled just
opposite the hotel. It is a narrow street. Mr. Renwick
once gave me some gloves and a pencil-case, which he fist
offered to Mrs. Ellice. Ido not know he was in the habit
of always going out, in his yacht with ladies. After he was
introduced to us he never went out without us. Mrs.
Ellice had given him a present. [Here the Learned Counsel
produced .a painted earthetiware figure of a widow, and asked
the witness if that was the present. This created excess of
laughter in the Court, in which the witness joined, and ad-
mitten she had seen such an image before, and believed it to
be the same.]
Mrs. Johnstone corroborated the evidence of the last wit-
ness in all particulars as to what took place after her (Mrs.
Johnstone's) arrival at Torquay.
The witness was cross-examined by Mr. Hayward At some
length, bu, tie did ma in any way shake Ler testimony.
Henry W. Hayes-1 reside at Teignmouth. I know both
Vie plaintiff and the defendant. 1 have known the defendant
ab ut two years. He keeps a yacht and lives as a gentle-
man of fortune. He has told me he has an estate in Hamp-
shire. He has awoken to me of the widow. I understood by
this he meant Mrs. Ellice. He once said to me 'S he'd be
d—d it he would not marry the widow." He said he had
written to his sister, Mrs. Marston, about it. 1 have seen
him since thi:, action was brought. I have beer examined
by the a,torney on the other side, 'and am subpoenaed by
both. I on, e heard him say ss that he had never written.
There was no evidence agtirst him in handwriting. That he
had suffered before, and a burnt child dreads the fire." I
have heard him say that there was an action for breach of
promise of marriage brought against him by a Miss Lacy ;
that he find compromised it for 1,000/., and had paid 560/.
for expenses. I hare some'imea heard him speak of Miss
Wilson.- This was in January or February that he was 0)-
:aged to her, ant meant to marry her. He showed me a pile
of letters, and said they were hers.

Mr. Cnowpttn adtressed the jury for th defence. He
contended that there Has no ev'dence from which the jury
could infer a solemn contract to marry, and that the pr,seut
by the plaintiff to the defendant of the china image after
ine must have felt that the defendant's attentiims had ceased,
•huwett that she was rather incliked to treat the whole mat-
ter go a joke.

Mr. Baron ROLFE having very minutely summed up the
evidence 0 the jury. they immediately found a verdict for
the plaintiff—Damages, 560/.

Mr. Crowder, Mr. Blu'Alltt,matvi.d FOMArLE.
C.
ornish conclucti'd the
case for the plaintiff ; and Mr. Sergeant Kinglake and Mr.
Barstow that of the defendant.
This was an action brought to recover compensation in
damages tor slanderous words used by the defendant of and
concerning the plaintiff: It appeared that the plaintiff was
the son of a clergyman, who had lived at Kingsbridge, and
the defendant kept the principal hotel in that town. For
some time between 1840 and 1841 the plaintiff had lived in
the defendant's hotel. After he had left the defendant's
house, that person said of him that he had been guilty of an
abotnitiable crime. The plaintiff, in the year 1844, brought
an action against the defendant for that ;lender ; when the
case came into court at Exeter at that' time Mr. Cock.
burn, who was counsel fer the defendant, made a public re-
tractation of the charge, and accompanied it by an apology,
and an arrangement was made by which a verdict passed for
the plaintiff for 40s. damages, did the defendant was to pay
30/. towards extra costs. Some time after the settlement of
that action the defendant repeated the imputation. The pre-
scait action was therefore brought,
Mr. Sergeant KIIIGLAKE, on behalf of the defendant, said
that the character of the plaintiff had. been fully vindicated
by the amogy made On the former trial, and that, after ;he
siihsequent repetition of the offensive words, the plaintiff
should have put f‘rth to the world that apology. The
Learned Sergeant then called upon the jury, undcr these cir-
cumstances, to give very moderate damages.
Mr. Baron Roiss summed up the case to the iurv, ob-
serving that in such a matter he thought they should not he
niggardly in awsrdiog damages. Surely the plaintiff w
not, upon a repetition- of the slander, to be put to the ex-
pense and trouble of publishing the apology made by another
potion 'for th. defendant ; but, notwithstanding the former