The Sun.
London, England, 1859-07-05 00:00:00

or authorised any letter written by him on the
subject.
By the Judge—l knew that Mr. Chas. Swinfen
had.some such conversation with Mr. Simpson, but
I gave no authority on the subject.
By Sir F. Kelly—lf. the case had gone on, and
Sir F. Thesiger had not consented to the compro-
mise, Mr. Simpson and Mr. Charles Swinfen would
have been called as witnesses. They were two of
the attesting witnesses to the will. Dr. Rowley
was in attendance on Mr. Swinfen, and Dr. Evans,
of Birmingham, was called in ; he is a clever prac-
titioner. I made no objection to his being called
in, but gave no authority. Believed that it
was done at the request of Dr. Rowley and Mr.
Charles Swinfen. Believed that Dr. Evans had
given an opinion that Mr. Swinfen was incapable
of making a will, as he did not recollect the names
of his relations and those who were dead. The
witness then positively stated, in answer to ques-
tions put by Sir F. Kelly, that Sir F. Thesiger had
said that he was authorised by the Attorney-Ge-
neral to Offer £l,OOO a-year in addition to the £3OO,
and not that he would make such a proposition, and
also that he stated that he had heard from high
authority that it would be better to effect a com-
promise. Two of the tenants, the largest of £l,lOO
a-year, having refused to pay the rent, the witness
had brought actions against them for double rent.
Was now in possession of the rents. and in the
actions one year's rent had been paid into court.
Had made many affidavits in these proceedings,
extracts of which were used ; she agreed to their
contents. In the last few weeks of Mr. Samuel
Swinfen's life a sum of about £7.000 was trans-
ferred into witness's name, as also a balance, at his
banker's, paid over to me ; that transfer has been
disputed by the next of kin, and has been re-trans-
ferred.

Re-examined by Mr. Kennedy—The letters re-
ferred to were in the affidavits, and were read on
the second trial. She stated that she was present
on the 16th of June and saw Mr. Swinfen. She had
been there on the 16th. My husband died on the
15th of June, but I do not know what day old:Mr.
Swinfen was told of his son's death. Mts. Rowley
went into the room of Mr. Swinfen on the 23d of
June, and that was the first time witness was in
the testator's room after her husband's death.
When Mrs. Francis arrived, it was unknown to
witness that the carriage drove up. Before that
time I had not known her. Mrs. Charles Swinfen
was there. A solicitor came with her. A long
conversation took place before Mrs. Francis
asked to see Mr. Swinfen. At that time Mr.
Swinfen was not in a position to be seen, and she
told Mrs. Taylor (the nurse) so. Mrs. Francis
was a stranger to witness, and Mrs. Charles
was almost a stranger to her. Mr. Simpson was
also a stranger to her. First saw him in 1852.
Never made any objection to what was done as to
the proposed issuing of a commission of lunacy.
Dr. Evans, of Birmingham, was sent for, to say
whether the testator 'was in a condition to make a
will, and he said he was not.
The Judge—ls that so ?
Witness—lt was so.
Re-examination eontinueds—Had not since re-
ceived the whole of the rents. Had nothing to do
with the transfer of the £7,000. It was done by
Mr. Charles Swinfen. Had been re-transferred
before any bill was filed.
At 5 o'clock the further hearing was adjourned
until to-morrow (this day) at 10.

SCOTCH VOLUNTEER RIFLE CORPS IN
LONDON.

Yesterday, at four o'clock p.m., a public meeting,
under the auspices of the Highland and Caledonian
Societies of London, was held at the Freemasons'
Tavern, for the purpose of deciding on the measures
to be adopted for the formation of a Scotch Volunteer
Rifle Corps in London.
Lord ELCHO, M.P., who presided, expressed him-
self at some length upon the absolute necessity of
there being more tangible means of defence than are
now possessed by this country, citing the valuable
and weighty opinions of Mr. Pitt, who always con-
tended that the volunteer system, in a permanent
form, would be a perpetual source of great national
energy. His lordship next replied to the doubts and
objections as to the necessity of the present move-
ment throughout the United Kingdom, and whether
the volunteer system can be an efficient means of
national defence. He drew the attention of the
meeting to the time when this country was threat-
ened with invasion by Napoleon I. and his hosts at
Boulogne ; but the storm had rolled in another
direction, and this island remained untrod by the
foot of a foreign invader. 'Notwithstanding the
.formidable fleet which England possessed in 1804 to
cope with France, it was the opinion of many gal-
lant officers of the united service that new the Bri-
tish fleet was little if at all superior to that of France.
As in 1804, danger was now imminent, because, by
means of science, the application of steam could
afford greater facilities to an invading force. There
was no doubt the present French Emperor was our
ally • but it ought to be borne in mind that Napo-
leon 111., who inaugurated his advent to the throne
with the declaration " The Empire is peace," was
not complete master of his situation; and hence this
country ought never to be liable to the caprice of any
Emperor. (Hear, hear, and cheers.) With the pro-
vinces of Venice and Lombardy at his feet, and wild
excitement prevailing throughout Germany, not-
withstanding our policy to work out a strict neu-
trality, we knew not how soon our national honour,
our national safety, aye, our very existence, would
compel us to draw the sword. (Loud cheers.) Was
this country prepared to maintain its defence ? or
were the national defeOes as they ought to be ?
Without going into figures, his lordship showed
that the British army mostly now consisted
of young men who had been hastily recruited and
drilled in order to fill up the gaps that had been
made by disease and the sword in India. The
yeomanry corps of the rural districts were exceillent
in their way ; but they were merely supports to the
civil power. The police ought to be trained to the
use of arms. (Hear, hear.) The navy was the
first line of our national defence, and he always
looked with pride to the wooden walls of old Eng-
land ; but were they prepared to meet the combined
fleets of France, Russia, and Sardinia ? He looked
for one of the great means of national defences on
• any great emergency, upon the patriotic bearing of
the general body of the people. His lordship, after
having entered into details relative to the organisa-
tion of volunteer corps, repelled the objection that
such corps would tend to diminish the strength of
the regular army, and showed, with respect to the
proposed Scotch Volunteer Corps in London, that it
would only embrace those whose position in life
prevented them from joining the army, navy, or the
militia. He was perfectly sanguine as to the success
of the Scottish Brigade in London, for he was con-
fident, when the cause was thoroughly understood
and appreciated, that it would swell from the num-
bers and proportions of a mere corps into the mass-
nitude and efficiency of a brigade. (Cheers.) He
next adverted to the Government offer of supplying
25 per cent. of arms to each corps for u rpose
chill. As to uniform or dress, he would not
the Celtic garb, as had been recommended in cer-
tain localities because it enabled one to shoot over
the heather in the shooting season, but recom-
mended the Austrian grey uniform, the trousers
being made in the wide breeches fashion of anlEng-
lish peasant. With respect to practice of aim with
the rifle, his lordship thought that steadiness could
be easily acquired by firing with a simple " cap" at
a lighted candle. This simple mode would go far to
remove objections as to procuring certain distances
of range in the open air. His lordship concluded
by impressing upon Scotehmen in London not to
lull themselves into fancied security, but to rally
round each other, as was the general impulse of the
civilians of this country; and that, by so doing,
they would contribute to„render secure the homes
of their fellow-countrymen, and make England
able, as in bygone years, to stand against the world
in arms. (Loud cheers.)
Sir H. MAXWELL, Bart., made a stirring speech
in proposing the following resolution :—" That
since the present condition of affairs on the Conti-
nent of Europe may lead to complications that will
render it impossible for Great Britain, with due
regard to her material interest and high sta-
tion among the nations, to maintain a position of
strict neutrality, it is expedient that Scotchmen
resident in and in the neighbourhood of London be
invited to participate in strengthening the defen-
sive resources of the country, by forming a volun
teer rifle corps, to be designated, " The London
Scotch Volunteers."
Sir C. FORBES, Barr., seconded the motion in a
speech replete with the necessity of there being a
thorough Scotch movement in the metropolis.
The motion was unanimously adopted.
On the motion of Sir C. FORBES, seconded by
COSMO GORDON, Esq., of Fyvie, it was unanimously
. resolved—" That for the purpose of moee effectually
carrying out the object contemplated by the fore-
going resolution, a subscription list be originated to
furnish arms and accoutrements, to be supplied to
such volunteers as may be unable to defray the
necessary outlay from their own funds, as well as
for meeting the general expenses of the corps."
It was next resolved, on the motion of Sir Wm.
FORBES, Bart., seconded by DUNCAN FORBES
. MITCHELL, Esq., of Thainston, "That a committee
be appointed to carry out the preceding resolutions,
and that the following gentlemen be requested to
act on the occasion, viz. :—The Right Hon. Lord
Elcho, M.P., Sir John H. Maxwell, Bart., Sir
Chas. Forbes, Bart., Sir William Forbes, Bart., Dr.
Halley, Geo. Mackenzie, Esq., Dr. Cormack, Robt.
Marshall, Esq., L. Mackinnon, Esq., S. Carlisle,