The Sun.
London, England, 1834-08-18 00:00:00

LONDON, MONDAY EVENING, A ['GUST 10, 1534

ASEVENTY HORSE CONDENSING ENGINE,
TO BE SOLD, having a 43 Inch Cylinder, 8 Feet Stroke
Double Beam, Bright Gear, Cast Iron Cistern, and all parts com-
plete (except Boilers) to Crank Pin.
Apply to Mr. C. H. Capper, Steam Engine Manufactory, Broad-
street, Birmingham.

FINE SPARKLING CHAMPAGNE.—In pursu-
ance of the kind suggestion of several distinguished indi-
viduals, HENRY BRETT has established a connection at
RHEIMS, whence he will receive regular consignments of this
refreshing Wine in the highest condition direct from the grower,
whereby the introduction of any portion of British manufacture is
effectually precluded. Single bottle, ss. 6d. ; dozen, 655. No
charge for original cases or bottles.
The SICILIAN DINNER WINE, proving decidedly prefer-
able to either Sherry or Bucellas in its freedom from heat or acid-
ity, is increasing in demand, at 2s. per bottle, or 235. per dozen.
Bottles, 2s. 6d. Orders by post promptly executed for cash, on
delivery in London.

HENRY BRETT, Brandy Merchant, No. 109, Drury-lane.

PARLIAMENTARY NOTICES OF MOTIONS
FOR NEXT SESSION.

(Continued from those given in The Sun on Thursday.)

NOTICES OF MOTIONS WHICH NOW STAND IN TIIE ORDER-BOOK

OF THE HOUSE OF COMMONS FOR NEXT SESSION.

Mr. Thomas Duncombe—on the usual sessional order re-
specting the interference of Peers, Prelates, or Lord Lieute-
nants in elections of representatives of the people being read,
to call the attention of the house to a more direct prohibition
of such interference.'
Mr. Guest—upon renewing the-sessional orders in the next
session of Parliament, to move the following resolutions :
" 1. That no officer or servant of this House be permitted to
demand or receive any gratuity, present, or fee, other than such
as prescribed by the table of fees.
" 2, That no officer of this House be permitted to dispose, for
his own benefit, of any papers printed at the public expense.
" 3. That the order of the 22d of November, 1803, which directs
that the acts of Parliament be delivered to the messengers and
doorkeepees for distribution to the members, be rescinded, and that
the said acts be thereafter delivered from the Vote-office only.
" 4. That all papers printed`for the use of the members of this
House be delivered at their respective residences in town, or in the
country by post free of expense."
Colonel Williams—to move that an humble address be pre-
sented to the Fang, requesting his. Majesty to signify his plea-
stir@ to the Universities of Oxford and Cambridge respectively,
that those bodies no longer act under the edicts or letters of
James I. 1616, "by which he would have all that take any
degree in schoole to subscribe to the three articles" of the
36th canon; which articles, as containing matter for contro-
versy and dissent among sincere Christians of the church of
England and others, which ground of dissent was ably and
honestly set forth in a petition presented to this House on the
6th of February 1772, and signed by about 2bo persons of
that church, the majority of whom were clergymen, and who
then demonstrated the reasonableness of their dissent and ob-
jection, now again sought (in this age of increased intelli-
gence and extended dissent) to be removed, a great portion of
which controversial matter one of the highest clerical authori-
ties of the church of England having declared his " wish to
be well rid of," and that the declaration, " I am bona fide a
member of the church of England," or any other subscrip.
don or declaration to that effect and import, may not be re-
quired of " those who take any degrees in schooles." [The
first motion day of next session.]
Mr. Ruthven—that petitions shall not be received during
the session after the hour of 12 o'clock at night. [At the
commencement of next session.]
Mr. Ewart—that the house do rise at or before 12 o'clock
every night. [At the commencement of next session.]
Mr. Robert Wallace—bills for improving the practice in the
supreme and provincial courts; also, the present system of con-
veying heritable property in Scotland. [At the commence-
ment of next session.]
Mr. Robert Wallace—select committee, to inquire into the
nature and extent of the powers and duties exercised by, and
incumbent on. the law functionaries of Scotland. [At the
commencement of the next session.l
Mr. Crawford—to take into eons deration the report of the
select committee appointed to inquire into the subject of the
tea duties. [At the commencement of the next session.]
Mr. O'Connell—to move resolution for adjournment of the
house at 8 o'clock in the evening. [At the beginning of next
session.]
Mr. Attorney-General—bill to abolish imprisonment for
debt, except in cases of fraud ; and for amending the law of
debtor and creditor. [At the commencement of next session.]
Mr. Attorney-General—bill for rendering uniform and re-
gulating the execution of all wills of real and personal pro-
perty. [At the comniefiecfnent of next session.]
Mr. Attorney- General—bill to facilitate the enfranchisement
of copyholds, and gradually to bring all land in England and
Wales to the tenure of free and common soccage. [At the
commentethent of next sesSion.]
Mr. O'Connell—bill for the regulation of the corporation of
the city of Dublin. [First week in next session.]
Lord Viscount Acheson—that it is expedient to equalize the
grant now made to the various classes of Presbyterian clergy_
men in Ireland, under the name of Regium Donum. [Early
next session.]
Mr. Ditedaletto mt3VE a resolution that the duties on
foreign ribands be increased. [Early next session.]
Mr. Dobbin—bill to establish a general circuit quarter ses-
sions of the peace in Ireland, to state the places where the
same are to be holden in each county, and also the period of
their commencement, and the number of days requsite for each
session. [Early not session.]
Mr. Dobbin—bill to enable joint tenants in boroughs in
Ireland, where the rent exceeds 201., to register their votes,
and vote for a Member of Parliament for their respective bo-
roughs. [Early next session.]
Mr; Dubbin—bill tor the better regulation and payment of
Coroners in Ireland. [Early next session.]
Colonel Verner—bill to empower the foreman, or any other
member of grand juries in Ireland, being a magistrate, to ad-
minister oaths to witnesses on bills of indictment. [Early next
session:]
edldilel Williams—to move these resolutions :—.

" 1. That the petitions, on the part of the people, to this House
for cheap bread ought to be met by the suppression of the practice
of converting human food into useless and destructive drink.
" '2. That from a time to be fixed the distillation of ardent Ppirit
from gra,in „thord be "t dna arid entirely prohibited in Great Bri-
t ib and Ireland.

" 3. That it can be shown that the morals and happiness of an
industrious people shall, by such prohibition be promoted,—the
cultivators of the soil made more prosperous,—the comforts of the
labourer augmented,—tho productive industry of the country en-
couraged,—the public expenditttre for It orkitootes,guols, ballds,
cotirtllibtgc.§., penal colonies, and lunatic asylums, greatly re-
duced,--and the revenue diverted, but not impaired,—then all ob-
.•

jections to this prohibition must vanish.
" 4. That the Government which should, after such evidence,
authorise the manufacture and traffic of ardent spirit from grain
would lend its authority to the fidlatioti or the Iltst princip-les of
political 'ecOnbiny, as the capital, materials and labour employed in
this conversion becomes a calculable and total loss in money, and
an incalculable loss in the moral character and qualification for self-
government in a nation under the influence of intemperances"
(Early nfxt sessiop
Mr. !tardy—bill to consolidate and amend the laws relating
to bribery, and to expenses at elections of Members to serve
in Parliament. [Early next session.]
Mr. Blamire—bill to provide for and settle, any tligibb that
may be entertained, reipecting the identity or boundaries of
lands of different tenure, intermixed or adjoining together.
[Early next SeSSiont]
Mr. Bish=adiiMiS to his Majesty that he will be graciously
pleaaett to hold his Court and Parliament occasionally in that
part of the United Kingdom called Ireland. [Early next
session.]
Mr. G. F. Yenntilitit airtinittee, to inquire into the
state and It';Aptets of^British navigation, and into the laws and
regulations affecting the same, with a view tb
mendation a such fneapuel iitay appear calculated tt.l,
justice tq the elaiMS Of the British shipowner and Mariner; to
protßt the interests of the public, and to foster and encourage
that maritime commerce, on which the safety and prosperity
of the empire are admitted to be in a great &geed dependant.
[Early next sc"Sioil.l
Mr. kennedyt-blll hi give to courts of general quarter ses;
siona of Ciitifities in England and Wales the pOwer. Bf, trying
civil cases to the amount of 20. [EariV liext session:]Sir Samuel. for the abolition of the hereditary
peerage% [Early next session.]
Mr. Dominick
coilimittee into
the ii(4.oo4l)lliLi,y 'AM putllC adantage of making a navigable
inlan
communication between Galway and Castlebar,
through Lakes Corrib, Mask, and Carra; between Westport
and Castlebar, through Lake Rahins ; and. ibetVieeii. oal,llo,
and Castlebar, through L'ArtA Conn&ad Cullin: [Early fiat
session].
Mr. ,MullinS-Hte ihove
.fOr. 140 to.bring a to aiiieri,gl
so much, of the .act and 4 oeit-fp t; c: 27; beina art
for the Limittitleti Of A ct;ons ana Suits relating to Real Pro-
pei-ty, as extends the provisions of said act to Ireland.
[Early next session.]
Mr. F. Shaw—bill for the better observance of the Lord's
day in Ireland.
Mr, Ewalt—.select committee to inquire into the state of
the Royal Academy; its influence on the arts; and into the
propriety of enlarging, or otherwise altering, Its existing don.
stitution, .

Air. Slaftey-13111 to carry into eTect the recommendation of
the committee for s3curing oren space as public walks in the
vicinity of large towns.
Mr. Buckingham—bill to prevent the unchristian and bar-
barous practice of duelling, •
the
Mc
r.
un Robinson—motiontry.
for au inquiry into the taxation of
Mr. Roebuck—bill to repeal an act passed during the pfesent
o
session, giving powers to the Lower Canada Land Company.
Sir W. Rae—select committee, to inquire into and report as
to the existing defects of the bankrupt law of Scotland, and
the most suitable amendments and improvements to be intro-
duced into that law.
Mr. Rotch—bill to repeal the law of forfeiture.
Mr. S, Mackenzie—select (vmmitlee, to inquire into the

I present state of the education of the people in Scotland, and
' of the best means to promote and extend the same.
Mr. Ewart—that an humble address be presented to his
Majesty, praying that his Majesty will be pleased to take into
his Royal consideration the propriety of exercising the un-
doubted prerogative of the Crown, by the appointment of peers
for life, with a view to promote the harmony between the dif-
ferent branches of the Legislature, and the general welfare of
the country.
Mr. Buckingham--bill to repeal so much of the act 54
George 111., commonly called " The 'Copyright Act," as en-
joins the delivery of 11 copies of every book and volume for
the 11 public libraries therein mentioned; excepting only one
copy to the British Museum.
Mr. Poulter—bill for the better observance of the Lord's-
day.
Sir Andrew Agnew—Bill or Bills to extend to all classes
of his Majesty's subjects the privilege of protection in the due
observance of the Lords'-day.
Sir Andrew Agnew—bill or bills to explain and amend
the laws relating to the observance of the Sabbath-day in
Scotland.
Major Fancourt—entire and immediate abolition of military
flogging.
Mr. Rippon—resolution, that deans'and chapters not having
cure of souls are useless ; that it is proper to apply their pos-
sessions in payment of church-rates, and for other purposes,
regard being had to the interests of present holders, and pro-
vision being made for the performance of divine worship in the
respective cathedrals.
Mr. Rippon—Bill to take away from the Archbishops and
bishops of the established church their legislative and judicial
functions in the Upper House of Parliament, with a view to
crease their usefulness by constant residence in their respec-
tive dioceses.
Mr. Buckingham—copies :of any orders issued by military
authorities in Ireland, since the year 1829, forbidding tke for-
mation of temperance societies in regiments, or dissolving them
when formed.
Mr. Buckingham—select committee to inquire into the
practicability of devising some plan by which an adequate sup-
ply of able seamen may be best provided for the service of his
Majesty's navy, without recourse to forcible impressment ; and
by which the punishment of flogging may be superseded by
some less revolting mode of maintaining the discipline of his
Majesty's fleet.
Mr. Forster—select committee on friendly societies.
Mr. Vernon —bill for better regulating the sale of corn.
Mr. Poulett Scrope—bill for the relief and employment of
the destitute poor in Ireland.
Mr. Grote—bill, providing that the votes at all future elec-
tions for members of Parliament be taken by way of ballot.
Mr. Pease—bill to repeal the duty on bricks.
Mr. Pease—to call the attention of the house to the fie-
quent loss of life in the mining districts of the kingdom, and
to move the appointment of a select committee to inquire into
the causes and extent of those fatal accidents, with the view
of ascertaining the best means of preventing the recurrence of
similar catastrophes in the mines of Great Britain.
Colonel Evans—repeal of the window tax.
Mr. Divett—bill for the total repeal of the usury laws.
Mr. Divett—resolutions for the extinction of church-rates
throughout England and Wales.
Mr. O'Dwyer—select committee to consider the various re-
ports presented to Parliament on the subject of reclaiming the
waste lands of Ireland, to make further inquiry, if necessary,
on the subject, and to report to the house the opinion as to the
best means of facilitating the employment of the labouring
population in that country.
Mr. Guest—to move the appointment of a committee, to
which shall be referred the table of fees payable to the officers
and servants of this house, for the purpose of revising, alter-
ing, and amending the same.
Mr. Law Hodges—motion relating to the poor of Ireland,
with the view of adopting some mode for their relief.
Mr. Tooke—address to his Majesty, beseeching him to
grant his Royal charter of incorporation to the University of
London in the terms heretofore approved by the then law
officers of the Crown, and containing no other restriction than
against conferring degrees in divinity.
Mr. Maurice O'Connell—select committee, to inquire into
the conduct of Lieutenant-General Darling, whilst Governor
of New South Wales, with reference to the punishment of the
soldiers Ludds and Thompson, privates of the 57th Regiment
of Foot, then under General Darling's command ; as also the
case of Captain Robison, and the New South Wales Veteran
Companies.
Mr. Brotherton—bill to impower the Commissioners of his
Majesty's Treasury to permit the warehousing of goods under
bond in towns which are not ports.
Mr. George William Wood—bill to permit students to be
matriculated in the Universities 'of England, and to take de-
grees (with the exception of degrees in divinity) without com-
pulsory subscription to the 39 articles, or other religious test.
Mr. Wilks--motion for the consideration and redress of the
practical grievances of Protestant Dissenters.
Mr, Wilks—select committee, to consider the expedience of
establishing one Or itiore national universities in the metropolis,
or other places in England and Wales.
Mr. James Talbot—bill for rebuilding the bridge at Athlone.
Mr. Wilks—bill for more effectually preventing and punish-
ing the disgraceful crime of prize fighting.
Colonel Williams—bill to repeal the 12th of George 111.,
c. 11, called the Royal Marriage Act, for the purposes of re-
storing to the members of the Royal Family their just and
natural rights ; preventing the recurrence of the evils, indivi-
dual and national, consequent upon the violation of those
rights ; encouraging that family to form alliances with English
families ; thereby correcting hereditary infirmities, excluding
the frequent introductiosr of foreign and sinister influences,
which have a tendency to check the progress of improvement,
and laying a foundation that in future the affairs of England
may be directed by a spirit entirely English.
Mr. O'Connell—select committee on the petition of Mr.
G. F. Mowids, complaining of dismissal from the Post-office,
Dublin.
Mr. O'Connell—to call the attention of the house to the
petitions of Captain Robison against the conduct of General
Darling.,
Mr, EvArt__bill to give prisoners a full defence by counsel
and attorney.
Mr. Ewart—equalization of duties on East India produce
with duties on articles the produce of our other possessions.
Sir Richard Vyvyan—bill to establish a local court of judi-
datufe ler the better protection of the mining interests in the
county of Cornwall.
Mr. Ruthven—to move, that the repeal of the duties upon
clover and trefoil seeds, as well as upon grass seeds of all sorts,
would be a material relief, and of essential service to the culti-
vators and occupiers of land in general.
Mn Robert Steuart—bill to establish an uniform system of
registration of births, tharrieges; and deaths, in Scotland.
Mr. Lynch—committee to consider whether, for the better
employment of the labouring poor in Ireland, the powers of
the commissioners of the presentßoard of Public Works in that
country ought not to be enlarged, and whether the terms upon
which loans may be Made by such commissioners ought not to
be varied, and what steps ought to be taken to provide for the
reclamation of the waste lands in Ireland.
Mr. Humd--teledt committee to Collect the several rules and
orders of the House of Commons for conducting the public and
private business of the House, and bringing them into a tea.
nual or form, that Members may know the rules and forms of
the House for the regulation of the business of the House.
Mrs Huilte--=bill to curry into effect the recommendation of
the select committee of this segsfott for reducing the expenses '
at elections for Members to serve in Parliament, and for
establishing an uniform and economical rate of expense for the
iafiie hi the United 'Kingdom.
Mr. Hume—bill to carry ieto effect the recommendation of
the select committee of this session for consolidating the public
li4litlitiu'OeS in the United Kingdom, and for reducing
the light charges on the shipping of the country,
Mr. Hume—select committee to inquire into the figure and
amount, of the several sinecure offices, and of compensations
ifrittlihd bit iloplition of offices ; and the authority by which
granted and lici* fat' each of them should be continued, modi-
fied,. dr 4Olished,
Bulbs_-_-6/11 for the repeal of the malt-tax.
Mr. Wilks--address d tot Tnl4slon of inquiry into the
Universities of Oxford and Cambridge.
Mr. Lyall—select committee to Hinture into
•
pi-Mimed upo n our trade, navigation and
colonies,
the
-,last 14 years,
the acts of And dtfi Chdrl64 ; Midi the
$Yi at on tip irMst tQ Corilidec ~vh'ether. site Obbigelg Effis
etfiplatiid in filinling tii.op, nigh of ,more
effectually promoted and securest 4 ik4sile f&tlier
tion of them, in reference to the existing commercial! 'tl4Viiitd
and relations of this and other countries ; and also to take into
'egnsildsrp,tiOdhow far it may, be practicable and expedient to
aliop
.4113' ded ii;ho it ediWei tAI enable the shipping of this
'esitiatry,tO enter into cOnjpetitidn atee4 ititelt terms with
4,0 f oth siatiorg: •
theA•hirdlilWai'd CoflrliOdAi-7—ret:iirri of all naval Ofricerff, of
whatever rank, wno bPs:ll aeiirl4,il ifieil half4at
without their consent, or the investigation of a coat-11164M
from the year 1790 up to the present period; with the alleged
reasons for such deprivation ; also return of any persons whose
halt-pay has been restored to them subsequently to such de-
priagtitin the alited reasons for such restoration.
titeilly—s:addresa to his Majesty, that he may be gra-
ciously pleased to recottinienti to this house to make such pro-
vision in the estimates for the year 1835 as may enable His
Majesty to apply a guilt nat exddedingovide Roman Catholic
190,000/. in aid of the
voluntary subscriptions raised to pr
cluirches and chapels for the celebration of divine worship
in Ireland, and to make More adequate provision for the reli-
gious education of the Roman Catholic priesthood and popula-
tion of that part of the empire.
I‘ll'. (3'o.olly—bill to enable the King's Majesty and other
pious and charitable persons to make grants in perpetuity to an
amount certain for the purchase and endowment of fitting resi•
dances for the parochial Roman Catholic clergy in Ireland
having cure of souls
Mr. Humernotion for building a new House of
Commons.
Mr. Ewart—select committee, to inquire into the constitu-
tion and effects produced by the Royal Academy ; also, to con-
sider the means of extending a knowledge of the arts among

PRICE 7D.

the people, and especially among the manufacturing population
of the country.
Mr. O'Reilly—address to His Majesty, praying that he may
be graciously pleased to direct that such measures may be
laid before this house, as to his responsible advisers may
appear requisite, to provide for the abolition of the office
of Lord-Lieutenant of Ireland.

Mr. Warburton—select committee, to inquire into the con-
duct of coroners in closing their courts.
Mr. Halcomb—to move, that all bills, both public and pri-
vate, which shall have passed through any or all their stages
in this House and not rejected, may, by leave of this House,
be resumed in the next session of the same Parliament,
without passing through any of its stages in this House
a second time, a fortnight's notice being given of asking such
leave of this House.

SUMMER ASSIZE INTELLIGENCE.

• WESTERN CIRCUIT.—WELLs, Auo. 13.

(Before Mr. Justice PATTESON and a Special Jury.)
WOODFORD AND ANOTHER V. BURN.

This case has excited the greatest interest. The court
was completely crammed at a very early hour.
Mr. Serjeant WILDE stated the plaintiff's case. This
was an issue directed by the Court of Chancery, to try the
validity of the will of a Mr. Whitby, who was the projector
of the Plymouth Breakwater, and who died at Taunton in
October, 1833. The will was made in March, 1833, and
the residue property, after different contingencies, was given
to the plaintiff, Mr. Woodford, a banker at Taunton. The
defendant was the heiress at law of the testator, and con-
tended that he was imbecile, and unfit to manage his affairs
at the time he made his will.
Mr. George Stone.—l am an attorney at Taunton, and
have been in practice 12 years. I recollect Mr. Whitby
early in 1831 lodging at the London Inn, kept by Samuel
Jeffery. Early in May, 1831, he occupied a house. I
had no acquaintance with him ; he appeared to be about
seventy-two years of age. He called on me in December,
1832. I had been apprised of his intention to call by the
plaintiff, Mr. Woodford, a banker at Taunton. I asked
plaintiff if he knew what it was about ; he answered to
make some alteration in his will. I said, "If Mr. Whitby
wishes to consult me on his will, he must come to me him-
self." I never had been attorney for the plaintiff, but I
had made a will for him, for which I received one guinea.
I am the attorney in this suit. Mr. Whitby called in
two or three days afterwards ; he came alone. He said,
Mr. Stone, I am come to request you will make my
will." He drew his chair near me. I said, " What in-
struction do you wish to give ire, Sir ?" On which he
took out of his pocket a paper, and said " Here is a will I
made in 1831." I said " The better way will be for me to
read this will over to you, and for you to tell me the alte-
rations you wish made." I commenced reading the will. I
have not been able to find that will. The first legacy was
a gold snuff-box to Mr. Standford, of Liverpool. On read-
ing that, he said " You may leave that out, as I have given
it to him." He then said " I shall give my friend Mr.
Woodford 1001." I inserted that in pencil. " I shall also
give Mr: Woodford 1001., and my friend, Sir Robert Sep-
pings, 100/." He then gave Barnes, Ferguson, Taylor,
Corbet, and Ogland 5001. each. That was in the old will.
He said " Strike the names of Ferguson and Corbett out ;
I shall give them nothing." I made a memoradum to that
effect. He said he should give Ogland his furniture and
plate, and the tenements he had lately purchased ; the
latter to be settled on him, his wife, and family. I then
proceeded with the will to the bequest of the residue,
which by the old will was given to Margaret Parsons
Burn for life, and after her death to her children ; in
default of issue, remainder over to Parsons and Current,
and Stilwoll, the elder, of London. On reading that part,
he said he had not heard of Parsons and Current for many
years ;he should leave them out. He wished the residue
of his property to go to Sir Robert Seppings and Mr.
Woodford, whom he should make trustees. He desired
me to copy the will myself, and I told him I would • he also
requested I would not keep a copy in my office. That was
all that passed on that occasion. He perfectly understood
everything he said. No circumstance induced me to doubt
his capacity. I prepared the will, and sent it to Mr.
Whitby's house sealed up. I saw Mr. Whitby at my office
two or three days after. I had no communication with any
person on the subject between the time of the instructions
and his calling again. He came and said, "I am come to
execute my will." He was alone. He took the will out of
his pocket. I read it over to him clause by clause dis-
tinctly. He expressed himself satisfied with it, I sealed
it with- his own seal._ Upham, a clerk to Woodford, one of

my clerks, and myself, witnessed the will. Upham called
at my office at the time to see Mr. Whitby, and then he
became a witness. Mr. Whitby signed each sheet, pub-
lished it in the usual form, and we witnessed it. I sealed the
will up, and gave it him. He asked what was my charge,
and then gave me three sovereigns, and walked away. There
was nothing to indicate want of capacity. I never had any
other communication with him on business till May,
1833. He called upon me early in that month. He
said " I wish you to make some alterations in my will ;"
he took out of his pocket the will I had made for
him in December. He said he should increase Mr.
Woodford's legacy to 5001., and give Samuel Jeffery, of
the London Inn, Taunton, 1001. He added, that Mr.

Woodford and Sir Robert Seppings had had a' misunder-
standing, and he should therefore appoint Henry Fowler a
trustee with Mr. Woodford. I said, " Fowler is not in

the same rank in life as Mr. Woodford, and does not ap-
pear to me to be a fit person to be appointed with him."
He said Ogland was intimate with Fowler, and was anxious

to have him as a trustee for him and his children, as he
could communicate with him more freely, therefore he
should appoint him. I asked him whom he would appoint
residuary legatee and executor ; he said, " Mr. Wood-
ford." He was very anxious it should not be known that
he had made his will. I observed nothing to affect his
competency at that time. I prepared the will, and sent it
to him. He called on the 13th of May. He came alone.
He said, " I have called to execute my will." He took
it out of his
,pocket. He said there were some clauses
he did not understand. I said, " I had better read it
over, which I did. When I came nearly to the conclu-
sion I read a clause respecting trust estates. He said that
appeared to be giving the property twice over. I explained
the nature of it, and he was satisfied. I particularly told
him that if Mr. Burn died without issue, the whole of bis
property would go to Mr. Woodford. He said, " That is
what I wish." Upham came to witness this will also. I
had received a note from Mr. Woodford stating that Mr.
Whitby would call upon me on this occasion also. I had
no other communication with Mr. Woodford on the subject
than what I have stated. I did not send for Upham. When
the witnesses were called in, I said, " You have heard me
read this paper, is it according to your wish and intention ?"
He said it was. I sealed up the will, arid gave it him. He
did not pay me. I observed no incapacity.
Henry Upham—l am clerk to Kinglake and Co., and
have been so 28. I knew Mr. Whitby. I recollect Mr.
Jeffery coming to the bank with him. He was going to sign
a check, but had left his spectacles behind him, and could
not see. Jeffery offered to sign for him. He said, " No,
no, I'll sign my own checks, if you please," and he at seve-
ral times cautioned us not to pay any checks unless they
were signed by him. . This was six months before the will
was executed. I attested the will. Mr. Woodford told
me to go to Mr. Stone's office. He said that Mr. Whitby
would be glad to see me. I got there before Mr. Whitby.
Words were used which are generally used at the execu-
tkin of a will. I saw nothing to induce me to doubt his
capacity to make a will. He was at the bank about a
before his death. I saw no incapacity about him.'
month have witnessed several wills. I have
Cf2relarn"-- cased. He once asked for 5001. or
Seen Mf: intlitty emu.- .t.ing. I have heard him say
Io'oo4l. he feettlifed nou- -Iv checks unless they
hig! sho'old dio. a pdor ilium I nevor reason for Mr.
are signed LI. fife itiarfy: I can't give a •
''cy with
Whitby cautioning us thfeet fillies. The intnu,..
Mr. Woodford increased daily. Mf. erg Mrs, b100m,,.
often took him out in their carriage. I don knovir whether
he vhig aft Agreeable companion for ladies—he had lost Witt
teethi and was an old man. I have heard he was full of
cant say whether his acquaintance was likely
to be dBtift4ci ii ladies. He made an excursion with Mr.
Woodford to SidrtlOtiih, lie came most mornings and
said Mr. Woodford had promised to meet him. I can't
tell when this intimacy first commenced. Mr. Whitby sent
him part of the produce of his garden. Mr. Woodford
sent him game, I saw him buy it on purpose. Mrs. Wood-
ford is rather young and handsome. She is much younger
than Mr. Woodford.

Richard Bussell, an auctioneer at Taunton.—Whitby
purchased some goods of me in 1831. At another time he
came to a sale with Jeffery, and purchased some property.
Mr. Whitby once sent for me. He brought a will into the
room. I saw him in the middle of July at his own house.
I never found him in the least state of imbecility. He ap-
peared very quiet for a man of his years. I was with him
for a long time in May, 1833, In my opinion, he was
competent to manage his affairs.
Richard Blackrnore.—l am a dentist at Taunton. I
knew Mr. Whitby. I was sent for to examine his teeth.
He had an artificial haw, When that was
#out of his mouth

.4 •
-4- 0' ) •
he could not speak articulately, k, witness kept: the
court in a roar of laughter by c oniony plOducing aril,-
ficial jaws, gums and teeth.) I- ,--i,,r -r.....-N '
, n
The JUDGE—Can't you speak o4cle,:r-'-'EO,-04.,.. :-.."&?
it's not what lam accustomed to R:4-1 b 9.206-
take him under my care, and do theik / 4 . .
-li
I made him an artificial jaw, and thenifih ' tic', is
mouth as well as you can. I charged hith 'r . dhe
paid me instantly. I never saw any thing deficient in his
mental powers, and I never need speak half es loud as I
do here.
By the JUDGE—You were then in a small room ; you are
now in a court of justice, and are required to speak loud,
and will not.
Witness--I should not like to be in a court long, my
lungs would not stand it.
Dr. Blake—l was a physician, and am a magistrate. I
first knew Whitby about three years ago. I saw him occa-
sionally. I never had any doubt as to his capacity ;he
appeared qUite rational.
This was the plaintiffs' case.
It was now ten o'clock, and the Court adjourned to eigh t
o'clock to-morrow morning.

THURSDAY, AUGUST 14.
Mr. Justice PATTESON took his seat this morning at
eight o'clock.
Sir J. SCARLETT then addressed the Jury for the de-
fendant. The question they had to try was, whether a
legal and proper devise had been made of the estates of this
deceased gentleman by a will which he was said to have
executed on the 13th of May, 1833 ; that was the precise
issue they had to try. The whole of the evidence was but
auxiliary to lead them to their conclusion as to the state of
mind of the testator at the precise period the will was made.
The Learned Counsel then proceeded at very great length
to comment on the evidence produced by the plaintiffs.
Captain Richard Arthur—l am a Captain in the Navy.
I was very intimate with Mr. Whitby for 25 years. He
had been master superintendant or the dockyard at Dept-
ford, and afterwards of the breakwater at Plymouth. He
was a man of great natural mind, of strict integrity, and
his word was his bond. He told me he had left Mr. Cor-
bett 5001. by his will. Before he went to reside at Taun-
ton, I considered his mind was breaking after an illness he
had in 1829. I called on him in 1831 to solicit his vote
for Sir George Hope. He knew me, and said he was sorry,
but he had promised his vote. I saw him again in 1832.
On my entering the room he did not know me. I took him
by the hand, and said, " You know your old friend, Cap-
tain Arthur." I found his mind so imperfect that I could
not draw him into conversation. I then considered him in
an imbecile state of mind. I went with the intention of
asking him to dinner, but I found him so far gone in mind,
that. I did not do so.

William Eastlake, solicitor at Plymouth.—l first knew
Mr. Whitby in 1811. I acted as his attorney. In 183'2
he dined with me ; he was so much altered that it was dis-
tressing to me to dine with him ; he could not hold any
intelligible conversation ; he had not lost the apprehension
of a subject I began with him, but I perceived, after a few
sentences, he had lost the train.

George Eastlake—l am an attorney at Plymouth. I
perfectly well recollect Mr. Whitby dining at my brother's
in 1832, and my brother apologised to a gentleman present
for having placed a person at the table who was incapable
of performing the common courtesies of society.
Captain Ross, commissioner in the dockyard at Ply-
mouth.—ln June, 1832, I saw a great alteration in Mr.
Whitby's body and mind. I attempted to draw him into
conversation, but I could not. I asked him about the
Breakwater, and he said it was gone to the devil. That
was the only reply I got from him. He appeared to me to
be unconscious of anything.

Sir Robert Seppings—l was Surveyor of the Navy and
Commissioner of the Navy Board. I knew Mr. Whitby
30 years. When I went to reside at Taunton I visited him.
In the latter part of his life there was a considerable dif-
ference in his mental powers. His intellect was very indif-
ferent, his recollection was very bad. In earlier life he was
of a very mild temper, a very courteous man ; but when at
Taunton he was very irritable. I should say that Mr.
Whitby was not capable of making a will during the time I
saw him at Taunton. I expressed that opinon at the time
on several occasions. By the present will I have 1001. be-
queathed to me. I have not accepted it, nor will I.
Lord William Fitzroy--I knew Whitby between 30 and
40 years. We had visited every year for the last ten years.
I visited him while he was at Taunton twice, first in 1831
and the last in November, 1832, when I stayed with him
five or six days. I observed a very great alteration in the
state of his mind for the worse. After the first few hours
it was impossible to enter into any conversation at all with
him. The first few hours his recollection was equal to
what it had usually been. I saw Mr. Woodford once at
Mr. Whitby's in 1832. He was with him one day during
the whole time I was at church on the Sunday. Ido not
consider that he was competent to manage his affairs.
Mr. Standard, a surgeon, of Taunton, and Dr. Kinglako,
a physician, of Taunton, were examined at very great
length. Their evidence went to show that they considered
in the 'ears 1832 and 1833, that Whitby's mind was so
much impaired that he was wholly incompetent to make
a will.