The Sun.
London, England, 1846-02-17 00:00:00

was visiting at the Deans. of Bangor and it was at a hotel
at Bangor we were to meet him. We stopped at Stafford,
and as he did not meet us there, as m' daughter said it was
likely he would, we returned back, loon I said not
follow him. After we returned, my ghter wI would
rot a letter
from Sias Court to Lord Ferrers, which I read. I posted that
letter at Tamworth. The letters my daughter got from
the Earl she told me had been put into her hand
by a man named Atkins and another named James.
I have spoken in the course of examination of a Miss Neville.
I do not recollect having shown her any of the letters pro-
duced in Court. I might have visited Mr. Neville in January,
1845, but Ido not recollect the precise date. The letters of
Lord Ferrers were then talked about. I believe that Mies
Neville then remarked that the writing was very like Miss
Smith's, but I do not remember having said that the family
had often been surprised at the similarity between
the writing of my daughter and the letters of Lord
Ferrers. I do not remember having said that
the reason of the similarity arose 'from Miss Smith
when young, having had some writing of Lord Ferrers in
her possession which she had tried to imitate. Before sh
went to school I believe Lord Ferrers sent her a great
number of scraps, and pieces of poetry, but they were de-
stroyed afterwards. I saw the pieces of writing myself. I
do not recollect having ever said that Lord Ferrers had had
my daughter's handwriting, and tried to imitate it. I might
have said when at Miss Neville's that the similarity arose
between the two handwritings from Miss Smith having
when young letters of Lord Ferrers' in her possession, and
that she tried to imitate the writing, but I do not recollect it.
I will not swear I never said so, but I have no recollection ofit.
I was much excited at the time, as Mr. Green, the attorney,
said we were all to be put in Warwick gaol. We were ac-
cused of being forgers, and I was too excited to think of a
trivial conversation. I say again, Ido not recollect the coir.
versation. I am a truthful woman, and wish to speak nothing
but what lam sure of. The familiy noticed in some cases
a little similarity, but were not surprised at it. I
might have remarked it to Mr. Smith, but do
not recollect it. We noticed some slight similarity
in the letters, but not in the style of writing ; still
we were satisfied the letters were of his Lordship's
writing. I would much rather believe that Lord Ferrers
had imitated my daughter's writing, than that my daughter
had imitated that of Lord Ferrers. We certainly were sur-
prised at the similarity between the hand-writings, but the
only explanation we could give was that I have already given.
To Mr. Justice Wosurrstax—The correspondence did not
begin till 1844. I believe my daughter never wrote to Lord
Ferrers while he was abroad. I cannot explain why it is
that the letters of Lord Ferrers were similar to those of my
daughter, seeing that my daughter had not written to him
at that time.
The ATTORNEY-GENERAL said that perhaps this
would be the proper time to make an application, which was to
allow their witnessesto inspect the letters prior to their being
put into the box, so that they might the better give their
evidence on the subject. The witnesses on the side of the
plaintiff had bad every opportunity of examining the writing
before being called ; and it was but right the witnesses on
the other side should have the same opportunity.
Mr. MONTAGU CHAMBERS objected to the application, as
unusual. He could not acquiesce. He was willing that the
witnesses, when put into the box, should have the letters
placed in their hands, and be allowed to say yes or no, as to
their belief regarding the hand writing.
At the suggestion of his Lordship, it was arranged that
Counsel on each side should consult as to the course to be
taken in this respect. His Lordship, however, thought the
best course would be that the letters should be submitted
beforehand to such witnesses as were to be called. That
whatever parties were permitted to inspect the letters, should
be put into the box and examined.
Re-examined—Mr. Neville is an attorney at Tamworth.
There were only some slight resemblances in the character;
of the writing, but the style and composition bOre no re-
semblance whatever. The first time I believe that my
daughter wrote to Lord Ferrers was when she sent him a
note after he had got his hand hurt. Regarding the scraps
and notes sent to my daughter when she was young, I am
not aware that my daughter answered them, though she might
have done so. The letter to which I have referred was posted
at Derby, and was shortly after his Lordship returned from
abroad. When the charge of forgery was made, we then de-
termined to commence the action, to vindicate our characters,
as we were sure the letters were written by Lord Ferrers.
The Learned Counsel then read another extract, to the
effect that the defendant wrote to the plaintiff to prepare her
trousseau; and that he did not like the plaintiff's cousin.
The re-examination was then resumed—When Earl
Ferrers returned from abroad he did not resume his position
as pupil, but he renewed his attentions, after an absence of
two years. I believed him sincere in his attachment.
This witness was not allowed to go down until four o'clock.
John Lees was the next witness—He said I am a farmer,
and have been a long time a neighbour of Mr. Smith. I have
been in the habit of posting letters for him. I posted one in
the latter end of February, 1844, which Mrs. Smith gave me ;
that letter was addressed to Earl Ferrars, Chartley Castle.
Upon another occasion I posted a letter at Tamworth I saw
a white handkerchief put into that letter, this was in March,
1844. There is a road near Mr. Smith's house which is
sunk below the level of the ground ; you might go along
this road without being observed.
The ATTORNEY-GENERAL—That is if nobody was there
to see them ? Just so.—(Laughter.)
Mr. Holdgate—l live near Liverpool. I was on a visit to
Mr. Smith in June, 1844. He showed me a letter he had
written to Lord Ferrers, and his Lordship's answer. Mr.
Smith's letter was to the effect that he gave his consent to
Lord Ferrer's marrying his daughter.
Eleanor Holdgate—l am wife of the last witness. I was
with him at Mr. Smith's, on a visit, in June, 1844. I
saw Miss Smith write a letter, but I did not read it.
She put it in an envelope and gave it me to post at Coventry,
but I had not time, and I posted it at Leamington. I went
with Mrs. and Miss Smith to Ashby. Mrs. Smith posted a
letter on that occasion, but I did not see it.
Ann Smith, sister of the plaintiff, a very pretty-looking
young lady, apparently about sixteen years of age, was
the next witness. She said I often saw Lord Tam-
worth at church in the spring of 1843 ; on one occa-
sion I was going along a walk, opposite my father's drawing-
room window, and I saw Lord Ferrers leaning against the
chimney-piece. There was nobody in the room then. I saw my
sister go into the room, and then I left. Upon another
occasion, on the 9th of December, I went into the drawing-
room, and Lord Ferrers was there playing on the piano. I
went out again and met my sister, she had some cake and
wine. She did not give me any, but brought them to Lord
Ferrers.—(Laughter.) I was told I should be whipped if I
went there again.—(Laughter.) I knew Joseph Atkins. I
saw him near the house when they had gone to Harrowgate.
Cross-examined—l was thirteen years old last November.
I did not lose sight of him. I always kept my eyes upon
him while at church.—(Laughter). He went away, and was
absent some time. It was my mama who said I was not to
go into the drawing-room. She did not say why, but I
guessed.—(Laughter.) She did not tell me Lord Ferrers
was there, but I found out. I left my little sister in one of
the gardens, and in passing the window I peeped in at the
corner.— (Laughter.) When I saw my sister come into the
room I ran away.
Re-examined—When at church Lord Ferrers used to look
at my sister.—(Laughter.)
Susan Hopley, servant in Mr. Smith's family—ln Septem-
ber, 1843, Miss Smith asked me to put a letter in the post for
her, which I did at Rngely.
Cross-examined—Mrs. Smith asked me, about 12 months
after, if I could get some of Lord Ferrets's hand-writing?
She came to me, and wanted either me or my husband to get
the writing. I didn't do so, but my husband tried, and
couldn't get it, and then I wrote to Mrs. Smith.
Re-examined.—l don't think I heard of the action when
this application was made.
John Page, labourer, and :Chelsea pensioner—
I know Lord Ferrers and Miss Smith by sight.
I was in a field at the back of Mr. Smitn's
house in July or August, 1843, and I saw Lord Ferrers and
Miss Smith in the field. They were walking side by side,
and might be two or three yards apart.—(Laughter.) I was
not near enough to see that they were talking.
Cross-examined by the ATTORNEY-GENERAL—It is about
two years ago since I did anything as a bailiff's follower.
Re examined—l saw them a second time in the field.
They were then four or five yards apart.—(Laughter.)
The COURT—The distance between them appears to have
increased.—(Laughter.)
Here Mr. CHAMBERS applied to the Court to adjourn, SI3
Mrs. Perry, who was ill, could not attend until to-morrow.
Mrs. Holdgate was recalled with a view to ask her to whom
the letters were directed, which she had posted for Mrs.
Smith, but the question was not pressed.
The Court then adjourned at half-past five.