The Sun.
London, England, 1850-08-01 00:00:00

N°. 18 051.] LONDON, THURSDAY r'P*4 arkT
F: Eta 0, 4
•
AUGUST 1, 1850.

ATHOLIC LAW AND GENERAL LIFE
iJ ASSURANCE COMPANY,
8, NEW COVENTRY-STREET, LEICESTER-SQUARE, LONDON.
The Fouirra ANNUAL GENERAL MEETING of the Proprie-
tors of this Company took place on the 25th instant, at the Head
Office, at One o'clock precisely. The following is extracted from the
report. which is too lengthy I,r publication :
During the past year no claim: have arisen from deaths in England,
and but two in Ireland—one for 6001. and the other for 2001.—making
together 7001., which have been paid. This is far below• the expected
mortality, and is especially favourable, when it is remembered how
severely the life offices generally suffered from the epidemic of last
year.

The number of lives assured between the Ist of June, 1849, and
the 31st of \ lay, 1850, was more than double the number issued in
the twelve months preceding.
Prop ,sals were made for 133 Policies, amounting to 52,963/. 2s. ed.:
of these 121, comprising 106 lives, were accepted for 45,125/. Os.
Sixteen Policies lapsed. representing 6,0481., upon which 329/. 3'.
was received by the Company in the shape of premiums
Since the c9mmencement of the Company to the Ist of June last,
assurances were effected to the extent of 110,9721. 12s 6d., pro-
ducing in annual premiums 3,7321. I Is. Gd. Of these 54 lapsed,
amounting to 23,990/. 16s. Gd., of which the annual premiums were
7411. Is., leaving the yearly income on the Ist of June last equal to
2,9911. 153. lid.

Since last meeting loans were applied for to the extent of 17,7001.,
but 1;183/. 11s. 10d. only was advanced.
The Directors were also highly gratified to report that within the
last four months they had considerably extended their business on
the Continent, having appointed, as Head Agent in France, Monsieur
de l'Etang, a gentleman of high standing in Paris, distinguished for
his integrity and ability in financial and in all assurance matters,
who, under the sanction and patronage of the Archbishop of Paris,
the Cardinal Archbishop of Lyons, and Monseigneur Parisis, Eveque
de Langres, has already within the last three months effected a con•
siderable amount of business, not only in Life Assurances, but in An.
nettles both Immediate and Deferred.

After various resolutions, approving of the Report, and returning
thanks to the Right Reverend Chairman, Bishop Morris, the Vice-
Chairman, Actuary, Secretary, and Medical Officers of the establish-
ment, the meeting separated, highly gratified at its present results
and future prospects.

TO SECRETARIES OF PUBLIC INSTITUTIONS, CLERKS,
STATION-MASTERS, RAILWAY OFFICIALS, BANKERS'
CLERKS, AND OTHERS. - - •
THE TIMES LIFE ASSURANCE AND
GUARANTEE COMPANY,
32, Ludgate-hill, London.
HONORARY PRESIDENTS.
Charles Hindley, Esq., I.P. j James Kershaw, Esq., M.P.
TRUSTEES.
James Alex. Douglas, Esq., 11, Queen-square.
Ambrose Moore, Esq., Endsleigh-street, Tavistock-square.
James Nesbet, Esq., Berners-street, Oxford-street.
Chairmax—The lion. FRANCIS VILLIERS, 38, Berkeley-square.
Deputy-Chairman—JAMES WYLD, Esq., M,P., Charing-cross.
Guarantee for Fidelity of Trust at Reduced Rates.
Payers of Guarantee Premiums paiticipate in the Profits.
No extra charges. •
Life Assurance of every description to meet the means of all classes.
H. B. SHERIDAN, Manager.

GRAVESEND STAR. PACKETS.
Fore Cabin and Second Class Railway NINEPENCE to
or from London and Gravesend.
Saloon and First Class ditto, ONE SHILLING.
To or from Blackwall.
Fore Cabin .. • ..... 6d. Chief Cabin.... Sd.
Intermediate Piers •• • • 6d.
No other Packets call at the Grays, Greenhithe, and Purfleet Piers.
The Packets call at the Piers as underlined (weather permitting).
FROM TERRACE PIER, GRAVESEND.

-EEK DAYS.

osr-
Time R
villeh.
t*7
t 9%
11%

2 I --

4. I -
5 j -
63 -

Grays

Green-
hithe.

Par-
II eet

!Time

6%
7
7%
8
8%

SUNDAYS

Roshr-iGrays
yille.

- -

Green-
I lathe.

Direct Trains from the Boats marked t
Omnibuses from Fenchurch-street Station to all parts of London
every quarter of an hour. . •
FROM BRUNSWICK WHARF, BLACKWALL, on the arrival of

the Trains front the Fenchnrch•street Station.

WEEK DAIS. SUNDAYS.
is
~,,," .
Tame. Par- Green- Roshr- --- Pur- Green- Roshr-
a. ta- fleet ihithe. Grape TITO. ---
H. ""'
fleet hithe. ---J° vine.
M
-.- - - -- -. --.-- --- -
10 9 _
___ _
1054 —9%
11 10
12 10%
I',£ 11
2 %
.5 u .5
".
044 64
754 71%

fassages marked are run direct, th
anted to stop at Piers or for Boats.
BOAT TICKETS.—TweIve Months, 41.
three Months, It. Ids.; to be had of the
rackets; or Mr. Monk, Terrace Pier, Gray
July, I‘so.

Le Packets not Deing per-

. 4s. ; Six Months, 21. 1550.;
e Collectors on board the
lvegend.

fa
IDE, AND RAILWAY
in. The public is respectfully informed, that on and after
Wednes,lay, the 7th of August next, the Fares and Rates Yla the
Midland and London and North-Western Railways between Leeds,
AYakefleld, Doncaster, Lincoln, Sheffield, York. and placeettrrth of
York, will be ASSIMILATED to those of the Great Northern Com-
pany. By order,

Derby, July 31, 1850.

JOSECII-S.4_NDRS, General Manager,

ASSIZE INTELLIGENCE.

OXFORD ClRCUlT.—Stafford, July 30.
CIVIL SlDE.—(Before Lord CAMPBELL and a
Special Jury.)
DOE, DEM. BAINBRIGGE V. BAINBRIGGE.
The Solicitor-General (Mr. Cockburn), Mr. Alexan-
der, Q C.. and Mr. Gray appeared far the plaintiff; Mr.
Keating, Q.C., Mr. Whitmore, and Mr. Pigot appeared
for rho defendant.
This case which occupied the attention of the Court
from Thursday morning at 9 till half-past 11 at night,
and from S on Friday to half-past eleven at night. and
again from 8 on Saturday morning until half-past 11 at
night, and from 9 yesterday morning till 11 at night,
was brought to a close at 2 o'clock to-day. It was an
action of ejectment to try the validity of a will made in
1818, the plaintiff, the heir at law, seeking to upset it
oTo priheenotetwf(ei
Ros;
by
air etgort rryho,euTnsdhos Thomas
anciente
iiatnsosfraallmnGi
iteliyn:
eb
rraai
gnl
,g
ed
7f rawas
was stot. Thehe
this
representa-
tive
effect as
opened
s
in Derbyshire, Warwick-
shire, and Staffordshire, and inherited considerable
estates in those counties, to which in the course of his
life he made considerable additions. In early life he
was a man of very refined and polished manners,
and moved in the best society both in Lon-
don and in the country. He became attached to a young
lady. Some difficulty arose as to a marriage settle-
ment. His father would not consent to his marriage,
and she died. This event soured his temper, and be be-
came somewhat less fond of society than he had been,
and after his father's death retired to a heat on the bor-
ders of Sherwood Forest. This was about the year
1789. He had a servant there who was called Eliza-
beth Parker or Mrs. Betsey-7-a person of some attrac-
tions. She became pregnant. He believed himself the
father of her child, a daughter, who was born in Sep-
tember, 1790, and was named Betsey Bainbrigge. Mrs.
Betsey did not confine her favours to her master, and
became pregnant a second time by another man. Mr.
Bainbrigge thereupon turned her off, with some allow-
ance, but kept the daughter Betsey, paid the greatest
attention to her education, sent her to the best board-
ing schools, and when her education was completed
brought her to his seat at Woodseat, and introduced
her as his acknowledged daughter into society, where
she was very well received. In 1803, when she' was
thirteen, and when he., was .-most- 'attached 'to
her, he made his will,-.- leaving her his estates
for life, with remainder to her issue in tail; and in
default of such issue, to his own nephews, and requiring
that her husband should assume:the name of Bainbrigge.
Before, however, she was 17, she was got with child by
his coachman. This deeply annoyed him; and he, con-
quently, on the 15th of October, 1808, made another
will, by which ho left his estates to three trustees to sell;
and out of the proceeds to pay her an annuity of 2001.
a year, and his sister, Mrs. James, one of 1001. a year,
and to divide the surplus into three equal portions be-
tween the children of his brother Joseph, of his brother
Colonel Philip Bainbrigge, and of his sister Mrs. James.
On the 3d of February, 1809, the child by the coach-
man was born, and was named Marianne. Though ex-
asperated by his daughter's conduct, he allowed her and
her child to remain in the house, and even took a fancy
to the child. But the daughter offended him again.
There was a farmer in the neighbourhood, named Ar-
nold, who had given him offence by some dispute re-
specting game. This man's son made 'up to the daugh-
ter. When he heard of it he sent her out of the way, and
positively prohibited any communication between them;
but she eluded his vigilance, proved pregnant,
eloped with, and married Arnold. This made him
furious. He said he would have forgiven her if she had
married the coachman, but never would forgive her for
marrying Arnold, and vowed he would never speak to
her, and that no child of hers by Arnold should ever in-
herit a penny of his money. Under these feelings be
made another will on the 4th of August, 1812, whereby
he conveyed his estates to two trustees, of whom Mr.
Blair, an attorney, of Uttoxeter, who had framed the
former will, and being one of the trustees under it, was
one, in trust, to secure to his granddaughter, instead
of his daughter, to whom ho left nothing, an estate for
life, with remainder to her issue in tail, and in default
of such issue, for sale and division amongst his nephews
and nieces. Of the daughter he never took the slightest
notice, and her name was not allowed to be mentioned
by the servants. In 1815, ho came to live in Green-
lane, Derby. Being still fond of racing and horses, he
went in August to the Derby races, and was there thrown
from his horse, and so severely injured in the head, that
he was supposed to be dying. He was immediately
bled, and drastic medicines were given to reduce the
inflammation. His daughter then made several attempts
to see him; but he would not see her, saying he knew
her object was to get his money; and that if she wanted
his forgiveness she had it, but if she wanted his money
she should not have a penny of it. When he was reco-
vering from these injuries he sent for Mr. Blair, who
was at that time one of the most eminent and respectable
solicitors in Staffordshire, to make alterationajn his will.
That gentleman came at once, and lest anything should
happen before a formal will could be drawn up, ho at
once prepared a codicil, on the 11th of August, 1815, to
the will of 1812. By that will he had left his vstatee, in
default of issue to his granddaughter, t. 3 his nephews and
nieces generally; but by this codicil he left them to
Thomas Parker Bainbrigge, the eldest son of his second
brother, in fee simple for over. Mr. Blair caused a more
formal will to be elv,'_!,itod on the I.'ih of August. ry
that will,. after 41a-feting the pipnent of an annuity
,'f .400/. a year t'. hi: ai.i,,r, Aztr9. JarePs, u.zd of 51)4
to Mrs. Arnold fir her life, and trLikiur provision for
t'e education of his granddaughter, he left to her
his estates for life, with remainder in tail to her
issue, and in default of such issue to Thomas P.
Bainbrigge, the lessor of the plaintiff, for ever. There
was a direction in it, as in the will of 1803, that her
husband should assume the 'name of Bainbrigge, and
another as to the legacy to be paid to Mrs. Arnold.
She was not to reside in Staffordshire or Derbyshire, and
not to interfere in any way with the care and custody of
her child, who was entrusted entirely to Mrs. Blair, that
lady herself being left an annuity of 1001. a year fur
life in consideration of her attention to the child. More-
over, the annuity to Mrs. Arnold was not to come into
effect until the existiug lease to the Arnolds should ex-
pire, and neither Arnold nor his wife, nor his father,
nor an uncle of his named Wood, was to hold any lands
but those they then held. Such was the offence given
by that family, and so deeply did it rankle in his breast.
The provision for the child's education was ample, and
showed what consideration he then bestowed upon it.
Allowing, besides the annuity to Mrs. Blair for her ge-
neral superintendence, 2001. a year to be applied to her
education till she was 151. and COO/. till she was 21. This
was the will of 1815, on which the lessor of the plaintiff
took his stand, and claimed the estit's. Marianne was
now dead, and the last of her children died in 1845; and
the issue in that line being extinct, the question now
arose who was entitled to them. Mr. T. I'. Bainbrigge
said that in default of the issue of Marianne the estates
bcaemperotvoedhimbe.yoTndhaqtutehsetiteons.tatAort wthaaststainmeeinhelBmlsixwedouilidi
society, kept his house in order, his servants in livery;
was in the habit of going out to dinner; was distin-
guished by activity and intelligence as a magistrate,
his manners ware polished, his language refined, and
he was in every respect a highly-educated gentleman.
He had always a slight tendency to eccentricity and
irritability, which greatly increased after the ac-
cident at Derby races, and was aggravated much by
habits of living high, end drinking a great deal of
liquor. Wine and spirits never made him drunk,
rbeumt
oevxitedc from
ro
in his i
G rr
er
ei tna_bl
ai I
oi tey, .
DeArbt
yt,hetocloasenoothfelrBls he
street
called Osmanston-street. From that time a material
echleaanrgtehawt ashisombsiberdvwedasinuttheirslyhgaebbites., from
s
which
wits sw saos
lice,
tewderethfiaitthhyeanladecuanniceleaan,meladrkanedd
covered
withr. His
and such as a beggar would not pick off a scarecrow. ,
clothesneg ineglected
He never washed himself, and the stench from him was
te
intolerable; his stockings were in holes; his coat out
at the elbows; his trousers broken. He sometimes had
a garter en one leg and none on the other; his hat was
such as the boys put on Guy Fawkes, and altogether
his appearance was such that the boys used to follow
hint through the streets of Derby, crying out " Mad
Bainbrigge." His house was in keeping with his person
—dirty, filthy, filled with vermin of all kinds, and alto-
gether of a most wretched and revolting description.
When he rode out in his carriage it was unwashed and
uncleaned and covered with the dirt of the fowls which
roosted in it. His horses were not groomed, and he took
any of his farm labourers, without any change of dress, to
drive it. He once drove into Derby with a than who had
been just driving a dung cart, and in the very dress in which
he had driven it. He used to crouch so near the fire that
his coat tails were burned off. He used to go to buy his
own fish and meat, and was once met in the streets of
Derby with fish covered with blood hanging out of his
coat pockets. He was once seen bringing home a
slaughtered ox on the top of his carriage. Another
time he brought home a calf's head and pluck on the
bow of his saddle. He wore a flannel waistcoat from
March to July without once washing it, and when re-
monstrated with on the subject, he said ,washing would
spoil flannel. He once made his labourers sit out in the
midst of ,a storm of hail and rain to make hay, and
when a coach passed by, and the passengers shouted
tohnatt"aAr
e mre-yaed
, directions to dispossess all his teriantsin the streets of
mbaudt? o" u trile m men;ast master." answered,
rcd'
once suddenly gave
"It is not we
Derby, though did not owe him a penny of rent,
reason whateve but e wild fancy of his own. He
and actually ej every one of them without any
went to the funeral o friend, a Mr. Richard Rid-
N
dlesden, and some aeciden urring which made his
horse restive, lie swore at coachman, and wished
him " in,..ohell with . o Dick," the friend
whom he was going to \ y. When he had
N
some friends at dinner once, the rvant brought him a
cold plate. He ordered him to keep it at the fire till he
called for it, and when he did, and the man brought it, it
seised burned
roast
b2r
goose
saei ntbhraitg gtawa s )ofin ntgheer s
t;
sabnl
ed thereupon h
legs,e
and flung it after the man, and cursed and swore at him,
and kicked him out of the room. In 1817 a lady went
saweve ral
ea
ebeoatatileee ofa
tbbraatnhd
he kept
and bottleatilin
thoefreg itno,
parnoe..l
up with his granddaughter Marianne into his bedroom,
gaani de
sttotnhges
doenv
isti. e h
He
i re ne ea ae rd
thei siebeetdt
e; I a.
furde
qhuee
et ot
ll
yd
theit,:
enecrdt
pokerolit
nhi
me
sre
a
to himself, " I must go to the devil, but I am not ready
yet." All religious feeling departed, and he cursed and ,

b'asphemed in a most frightful manner—in such a msn-
iser that no one could doubt that he was in a state of
complete mental aberration. There could bo no better
proof of this than the change in his conduct respecting
his granddaughter, Marianne. In 1815 ho had taken
great precaution: for her proper education; but subse-
quently, so lost was he to all proper feeling, that
ho taught her to curse and swear, and encouraged
her in the most incredible obscenity, and in the use of
language to which none but the most depraved could
lisle'. So long as he had women servants they remon-
sbtusta tbe4d,
oangleyi
inasut g
bt heids
acnoni r seen j (0,3 f,
eetdi education tsi o„ri,
nfogr.
bcehvri lads,
a chip of the old block." A crowd having begun to
stare at them one day at Buxton, she said she would give
them a salute, and turned up her clothes and, looking back
to the multitude, slapped her hand on a portion of her
body that delicate women were not in the habit of ex-
posing. Once she filled the hollow of a board fir playing
ltergase-ball a
ball water,sweirtvhahnottgirland severely c
aridspurateaideduit
her and
the
the
old man laughed heartily, and said, " Well done, you
young ----." Such were the tricks she played, and the
language she used was such that women were not al-
lowed in court while her expressions were detailed.
They created many a laugh in court; but still many of
them were of a most shocking kind, and such as the most
precocious depravity could not, without education for
the purpose conceive. He became so violent to his ser-
vants that none could stop with him. Once, when one
of them in his awkwardness let a salt-cellar fall near
him, he flung a carving-knife at him, and it struck the
the door behind the man: - •The witness who detailed
this admitted that the salt=cellar fell near his gouty
toe, and that the man was at the other side of the
door when the knife struck it. One brought a bottle of
port instead of Madeira' oat, and he flung, it at his
bead. lie used to compel one man to do his work by
presenting a blunderbuss at him whenever anything was
done that did not please him. He offered to fight
,his
farm bailiff if he would not go up to his neck in a pool
of water, and because he did not he discharged him and
then caused him to be summoned for deserting his ser-
vice and imprisoned for twenty-eight days. As a ge-
nearl rule, when they in any Way displeased him, he used
to fling bottles, glasses, crockeryware, knives, or any ar-
ticles that were nearest to him. Even when they did
not offend him he often wantonly attacked them. One
day'lle came into the kitchen, found a servant toasting
bread, and bending down with her back to him, and he
stole up to her, and stuck a fork with all his strength
into her posteriors, and then ran out, and abe did not
recover for a month. When he drove out in his car-
riage be took 'his gun with him, and once threatened
to shoot the man who was driving for taking the
wrong road, and the man jumped off and ran
away from him. One servant, to whom he was violent
and threatening, once or twice locked him up for an
hour or two till be promised to be better, and then let
him out, and they then had some drink. Another
one took up a saucepan of boiling orator and threatened
to throw it on him, and he fled from the kitchen and
sent down a glass of wine to make friends. He had 40
servants in a few months, as none would stop with him
for more than a few days. At length no woman ser-
vant would remain at all, nor would he keep any, or
allow them to cook his food, assigning the filthiest rea-
sons for it, and then he was obliged to employ his farm
servants to do all the domestic duties, clean the house,
milk the cows, prepare bis breakfast and dinner, make
his bed and that of the child, and even to undress and
put her to bed at night, and dress her again in the
morning. He took it in his head that meat was never
so godd as when it was full of maggots, and he used to
keep it till it got into that state, and even once bought
4 cwt. of putrid meat, though he had only in his family
one servant, besides himself and granddaughter. He
once broke off a sale of four sheep to a butcher on ac-
count of a difference as to one quarter of a pound. He
drank himself, and was liberal of drink to others,
and not only to men,
.but to animals. And once,
when a butcher came to kill a pig, after making
the butcher drink as much as ho could, he mixed
the remainder of a bottle of gin in the wash for the
pig, and made the pig drunk before it was killed. His
opaoccekegtasvwe caresegrevraenrtaallypofeuklletofuflnooftnesotead
snto gboeltda; and
t a h
cocke.
fight, and the next day charged him with robbing him.
One sign of madness was a great concentration of intel-
ligence on some points; and so no man was more shrewd
in his dealings with tradesmen, and nothing pleased him
aml
loorwe
etdh abni
nadefrauding
l into any n
arore
ae
ro m a f
of money. If
thbies labourers
y found
it
difficult to get them. A tradesman went one day to ask
for a debt, and he threatened to let a bulldog loose at him
till the man ran away. He bought ducks of a woman, and
cgoa ep 1-11
aei rn
,a badba
so hal
covered,fcr o
andn;
an ends 11.
teh reeaatet een be
da c,
k to
t h
at
she fled in terror from him. lie fancied that a connexion
of his, a Mr. Burrows, who lived in Derby, and was a
most inoffensive gentleman, had entered into a plot to
annoy him; and wrote a letter stating this to his sister,
Mrs: James, on 'the 25th ()May, 1818, as his reason for
leaving Derby f,,r ever. lie fancied be had communica-
tions with the devil, and used sometimes to order bis
bedroom door to be kept shut, in order to keep the devil
out; and sometimes his windows to be left open, in order
that the devil might be at liberty to go out. Ile
used to talk incessantly of the devil, saying
that the devil was waiting for him, and that
he knew he should go to bell, but would not wait
I ,e,':;" 1,1 ; to ;r•r D•tby rare, is
bi' t.,yrjEtg,, k rl',ll 416?;1,g- it n'ho }lad a t,f Aral,
.round his t,,r, 1,i,14;e1f gran,lehild civerrd
rams, and his fuotic.an in a slmilar Li.auner. Eveeybody
noticed him, and there was a cry of " Mad Bainbrigge., '
He wished to run a favourite chestnut mare, which had
been just taken off grass and had not been trained, lie
had no jockey for ir, and he engaged a man from the
crowd, who rode in his shirts The man asked for orders;
the answer was, " Oh, never mind;" but the horse could
not run a yard, and of course lost, and when the man
asked for payment, he refused to pay him, as he had not
ridden according to his orders, which orders were,
" Get first—keep first." Shouts of laughter from the
crowd followed, in the midst of which he got into his
carriage and made off. -The witness who came to speak
to this fact said the horse was well trained, and came in
third out of five that ran. He had a stallion which used
to break out of a paddock in which it was kept, and
get to mares when people did not want him to do so;
he therefore put him into a stable with a large bone
box. The horse got lame,
and so indignant was •he,
that ho sat in judgment on him, sentenced him to
seven years transportation, and then committed it to
imprisonment and solitary confinement. The horse
was accordingly kept in partial darkness, with
no
months, when he was almost
starved
at
watesrtaraswwoutled kleieep inanbdtmo,nly as much hay and
viedtothde endent bttonfdfbouadr
dung up to his belly, and the servants told the master he
was all but dead, the answer was, " Well, he is just
alive—keep him so; he has not served out his time." In
May, 1818, he left Derby to reside at his house at
Woodseat. This, too, was overrun with vermin, large
awnedresmsalol,naunmde
rwhennumerous
that
warren, he said he would by no means have them
c
e
rabbits.shelves The
of
f
killed; they were his game, and he preferred them towarren,
hares and aaster
tthvhhaoeenu tspleilba wascomplained
a ryw:na s
a
a the
rarbbi ratst
condition; the windows were broken, and the pigeons
nestled onthe -
whinichostconfotailnorend
some most valuable books, and on being remonstrated
with about it, he said it was a good place for the pigeons.
The kitchen -garden was so neglected that it was impos-
sible to get at the fruit without cutting one's way
but liquor made him not drunk, but mad
through a tangled maze of weeds. He used to drink '
excessively;
and furious. He used to have a bottle of brandy with a
con-
tinued till the Saturday before his death, ,
glass laid every night by
J.Suentehiln3r
181 s
On that day be went to Drayeett, and drank a great
good
tatOht sthgeoaMteo
deal—at least ft quart of brandy—saying it would be
nildsaygahgehgaoar op, but bWurdabsosuattmaiaddSay was
aada
put to bed in his clothes, and in those clothes he lingered
from Monday till the Saturday, when he died. On the
Monday there was but one servant in the house—a man
named Roe. He sent for a Dr. Hawthorn, of Uttoxeter,
who was a friend of the Arnolds. They were of Course
an*lotis to know in what state he was, and if possible to
affect a reconciliation; but so great was his hatred of
them, that if he knew any of them were about his house
it would drive him wild; and, therefore, though Arnold
canielo the house, be never mice Went into his room.
Arnold secured an interview with Hawthorn. Mr.
Blair was sent for; and'on Wednesday, the 17th 'of June,
he prepated a codicil, altering
, altogether the pro-
visions of the will 1815. This document
Substituted for his nephew, Mr. T. P. Bain-
a n aaploatbhoeucraerry,abwohuot
brigge, the proper representative of the ' Bain-
brigge family, the sons Of his_ daughter, Mrs. Arnold,
it, creature
a d
g o
t
and got riit of the annuity to Mrs. James. This codicil
Was attested by Roe, one
r Allen,JAcihsonp,
the house, and a M •
to execute mereegicuete
of Mr. Blair. Oa the next day Blair brought a formal
will, and got the
who knew little or nothing of the
it attested by Allen,
Hawkins also, who was the wife of a
was in distressed circumstances, and'
testator, and a Mrs.
nothing of him, and by Dr Fox.
farmer, and also knew'
t the time ho executed- the will
It would be proved that a
and incapable of
knowing what
he was totally insensible!
wife of Allen, being in a consump-
he was doing. The
old dying
witness under a commission for
consump-
tion, was examined as a
perpetuating testimony,and in her examination, taken
under that commission, and under the full knowledge, as
she expressly stated, that
she
was a dying woman, she
said that the testator was, from the Monday till his
ble to, and unconscious
of', what
death, totally insensible
was passing around him; and expressly refused two ap-
plications from his daughters to see him, replying tothem by a murmur of .
refuse], accompanied with a deep
groaning; and that her husband, William Arnold, was
about the house by stealth,and was not seen by the de-
ceased. One circumstance connected with the last will
was almost conclusive.
No one
It was, one but Blair and the
tes-
tator knew of any wills.former therefore,
fim-
portant
o r Blair and his associates to
o draw up
h t referring to previous wills. Ac-
cordingly Blair hastenedthe formal will wit ou
to Uttoxeter, and set his clerks
most in t - •
blanks for the. an provisions
to work, and
not filled up till after the
t
will was in most ter's death. That
to the codicil. Itcontained the same
provisions as the
former will, with respect,.
his to the Arnolds having nothing
to do with holding any
lands. It increased Mrs.
Arnold'sannuity to ;1001 a year during her husbaud'es

life, and 300/. afterwards, and, should Marianne and her
issue fail, left his estates to his daughter's (Mrs. Arnold's)
six sons in succession, with 1,0001. each to the younger
children; and in case all should die without issue, then
to his own right heirs for ever. Itcontained the semeprovi-
aions as to Mrs. Blair and the education of Marianne.
It alsocontaned
mapr. Blairrovisionsthhoautlah
duringaie
his choicetheminority
of
his granddaughter
aingyh t o f sporting, o fh
his
three
mansionsshoo shooting, , and
dd
the
fishingso lover 6and ex
estates. There were three trustees, Hawthorn, Wood,
and Blair; Blair, being a solicitor, knew that ho would
alleus hisirve
have virtually the exclusive management of the pro-
perty, and knew further that if, on the death of the
granddaughter, the will of 1815 came into operation,
the Bainbridges could at once manage their own affairs,
whereas in the event of Mrs. Arnold's children coming
into possession ho would have the whole ma-
nagement of the Property during a long succes-
sion of minorities. The new will, therefore, was very
advantageous to him, and consequently the great object
was to get rid of Mr. Thomas P. I3ainbrigge and Mrs.
James, and to substitute the Arnolds. The moment the
breath was out of his body his coffers were ransacked by
the three trustees, in a manner which produced a strong
impression on the son of Dr. Fox, who was then a young
man; and would be called before the Court. Dr. Fox
unfortunately was dead. and had not been examined un-
der a commission, Mr. Blair taking care that the commis-
sioners should not come to examine him till it was too
late to do so. Another suspicious circumstance connected
with this will was that the parties who concocted it,
though they professed to be religious men,. did not send
for a, clergyman to console the dying man, and smooth
his path from earth to heaven, though they knew he had
lived a life of sensual enjoyment, and had for years neg-
lected his religious duties. Neither had they, sent for
any of his relatives, though they all lived in the neigh-
bourhood. His brother John lived within five miles, his
sister, Mrs. James, at Bath, and the widow of his brother
Philip. within; eight miles of him. No notice of his illness
was sent to them,,und when his two nephews, General and
Colonel Bainbrigge, called on the Tuesday to see him they
were not admitted to see bim; and his brother John, on
calling on the S'aturdays was refused admission also, and
was obliged to force his way into the room, and found
him dying. Immediately after his death Mr. Blair
wrote to Mrs. James and Mr. Peter Bainbrigge, in-
forming them of that event, and of the disposal of the
property away from the family, and not alluding to the
former wills. After the funeral' the family asked to see
the will. Mr. Blair at first said he had it not with him
but would send to Uttoxeter for it. It was soon forth-
coming, and they sat down to read it, the members of
the family sitting round in a circle, and Mr. Blair sit-
ting in the middle of the room with the will before him
in such a position that no one could overlook him. Ge-
neral Bainbrigge, whether through restlessness or curi-
osity, stood up, and placed himself near Mr. Blair. Mr.
Blair shifted too. The General shifted again, and,
peeping over Mr. Blair's shoulder, saw a large gap at
the bottom of the second page in blank, and in the other
pages large spaces and chasms, pencil writings in the
margin, and pencil interlineations in several places. He
caught his cousin Joseph Hankey Bainbrigge's eye,
who thereupon came into his position, but saw nothing
wrong. Perhaps at that moment Mr. Blair had
got over the material parts, and on the re.
maining pages there were no blanks, pencil-marks, or
interlineations. Unfortunately, at that time General
Bainbrigge was on bad terms with his uncle Joseph,
who was the heir to the testator; he had no interest in
the matter, and he was going to join his regiment, and
thought no more of it. The General, after many years
had elapsed, on return from foreign service, went to
Doctor's-commons, found the blanks filled in, and the
pencil-marks and interlineations removed, and he would
swear that) that will was not the will he saw in Mr.
Blair's hands; and one strong confirmation of his recol-
lection was, that all the will was in the handwriting of
Mr. Blair's clerk, with the exception of a space at the
bottom of the second page, which contained two provi-
sions, giving Mr. Blair his choice of one of the man-
sions, and the exclusive right of sporting. So perfect
and shipshape was the will which the General saw at
Doctors'-coromons, and so different fsom that which he
saw in Blair's hands, that he believed that several fresh
sheets must have been substituted for those which he
had seen; arid, in confirmation of this. it was to be
remarked that the " T. B." on some of the sheets were
written in a very different hand from that which made
the tremulous signature on others. In a short time
after the testator's death Mr. Blair, who professed
great regard and friendship for the heir-at-law,
adopted an ingenious plan for preventing the will being
disputed. There was a family mansion at Derby which
Mr. J. Bainbrigge, the heir at-law, wished to secure in
the family. Mr. Blair knew this. There was a debt of
1,500/. or 1,6001. due from the testator to his brother
Joseph, which the latter did not like to enforce, lest he
might offend him, and it-became consequently barred by
lapse of time. Blair saw that this was a good opportunity
of getting,the heir-at-law to confirm the vvil', and entered
into a correspondence with him for this purp getting
him to confirm the will on the terms of the trustees
selling him the mansion for the amount of the debt, and
sitting off the debt against the price. Blair, in that cor-
respondence," artfully warned him that this purchase
would afterwards prevent him from di'puting the will,
but told him at the same time that it would be useksa
to attempt to upset the les; will on the ground of in-
h., 3,u:a ow he
of me,ltivg o f pr, thirty fi'n's
lit 11,,, life, el it, (Mr. Blair) 1,-4 got
prepsr,:l ()flu I'2, leashes: the
property away from the family. Mr. Joseph Bain-
brigge fell into the trap, and executed a deed of
confirmation of the will, the trustees agreeing
to convey the house to him. This conveyance they
had not yet made, and in connexion with this there was a
remarkable interlineation its the will. There was a pro-
vision in the will to enable the trusters to sell some
estates for the purpose of paying debts. The provision,
as it stood in the text of the will, did not include this
house, and, singularly enough, the words, " and my
estates in Derbyshire" were interlined, and the "'l'. B."
against this interlineation in the margin was written in
a very different hand from all the other " T. B.'s" in the
will. Subsequently a bill was filed for a spesifio per-
formance of the agreement to convey. Marianne, at the
age of sixteen, ran off to Gretna Green with the son of
Alsop, the apothecary, was married, had two children,
and filed a bill against Mr. Blair in order to establish the
will. A suit was instituted by Mr. Blair to perpetuate
testimony. Marianne and children passed off the scone,
and her line became extinct. Blair became bankrupt,
and new trustees were substituted; and finally the Court
of Chancery directed this ejectment to be brought, in
order to try the validity of this will.
As it would be impossible to give all the evidence in
detail within a reasonable compass, we state the effect of
those portions of it that were not controverted, and lay
the. rest before the reader.

The execution of the and codicil of 1815. was
proved by the survivor of the three attesting witnesses,
who seemed not to have known much previously of the
testator.
z. Mr. Thomas Frost,'now a merchant in Liverpool, for-
merly a pupil to a Mr. Hadley, a surc,eon, of Derby,
proved that on the Bth of August, 1815, he saw Mr.
Bainbrigge fall heavily from his horse on his head, on
the race-course at Derby. He immediately ran to him,
and bled him. He was under treatment from the Bth to
the 26th of August, and then went tl his country seat.
When he left he was in full possession of his mental
faculties.
Mr. D. Fox, the son of Dr. Fox, surgeon at Derby,
had known the testator from 1815. Observed a gradual
change in his dress, manners, and equipage. Met him
at dinner several times at his (the testator's) house, and
at his father's (Dr. Fox's) house, and thought he was of
unsound mind.

Mr. A. Fox, another son of Dr. Fox, was assistant in
1818 to his father. Knew the testator when he lived in
Derby. Thought him not capable of making a will at
any time during his stay in Osmanston-street. Went
with his father on the Wednesday afternoon to see the
testator. He was in a state of great exhaustion. Did
not utter a single proposition of any kind whatever, ex-
cept when he wanted something to be brought to him.
He gradually got worse. On Thursday he was worse.
Sat up part of that night with him. He was a dying
man, in a state of collapse. Ho never uttered a single
idea, but in a nervous sleepy way would say, if he
wanted a sheet or anything, " move it." Saw him re-
peatedly on Friday. He got worse and worse, and was
treated as a dying man in a state of exhaustion. From
Wednesday till his death there were periods when there
was a sort of sense. On Thursday it was quite out of
the question that he could understand a long will; Saw
Mr. Blair there on Thursday. Was not in and out of
the room when Mr. Blair was with him. Mr. Blair and
Mr. Alsop began to search the place for money the mo-
ment he was dead.

Dr. Munro, Dr. Connolly, and Dr. Forbes Winslow
were examined to show want of cleanliness, carelessness
of dress, profane swearing, in a
person of advanced
years, were symptomatic of declining intellect.
Adam Roe, a labourer, who was the only servant in
the testator's house when he became mortally ill, and
who spoke to his eccentricities, gave the following ac-
count of his last days and the will scene. , The testator
drank a good deal of brandy on the Sunday and Mon-
day; he went to bed in the afternoon of Monday,
and witness took off his shoes that day and
his coat the next, and left on his other clothes
till he died. Went on the Tuesday for Mr. Hawthorn,'
and brought him. Saw him and Arnold often together. It was on the Thursday, be thought he was sent for
Blair, about nine or ten in the morning.
Had a letter
for him from Dr. Hawthorn. Afterwards saw Also') there; Alsop, Hawthorne, and Arnold met Mr. Blair at
the b
back door, and they talked together. Saw Mr. Blair
writing in a room leading to the squire's. The squire
was then insensible. When Mr. Blair asked a question
he only gave a sort of groan. Mr. Blair brought biin n
paper and read it over and asked him if it was right?
The answer was only a groan. Mr. Blair brought in
another part of the paper and asked the same question,
and there was another groan and no other answer.
Witness was at the bed-side attending the squire, and
would have heard any other answer if it had been
given. This was repeated three times. Thu three
papers seemed to be like written papers. The answer
the third time was a groan too. Then Mr. Blair
took a pen and dipped it in the inkstand. There were
then present Mrs. Rawlins, a farmer's wife, who lived
near to Johu Allen, a wheelwright. When Mr. Blau

dipped the pen in the inkstand, he put it in he
squire's hand, and he put his hand under the
squire's arm, and the squire wrote something. Allen
signed the paper. Witness put his mark to it. This
was the first paper that was signed. Thought Dr. Fox
camp on Wednesday. Mrs. Arnold came to the house
many times after the squire took to his bed, but not with
his knowledge. She did not go into his roorr: Mr.
Arnold asked witness several times to be allowed to go
in. He went to the door once. He durst not allow him
to go in. He peeped at the squire in Le d. Saw Mrs.
Arnold in conversation with Mr. Blair, Mr. Hawthorn,
and Mr. Aleop on one occasion, and with one or more
of thorn frequently. Two of the squire's nephews came
and were roused admission; his brother, Captain John
Bainbrigge, came on the Friday or the Saturday. The
little girl denied his coming up stairs; ho forced his
way, and went to his brother'al bed-room, who took no
notice of him. The captain cried over him, and asked
him whether he would not speak to his brother Julie.
The squire did not know him, and took ne notice at all
of him. The captain remained three-quarters of an
hour. None of his relations were sent for during his
last illness. They did not want his relations to come.
lie died about half-past two in the afternoon of Satur-
day. As soon as he was dead Mr. Blair, Mr. Hawthorn,
and Mr. Alsop began to work right and left, and began
tumbling. On the squire's death Mr. Arnold was pieced
in authority.
Cross-examined—Always considered him a madman
—a dangerous madman. lie was insensible from Mon-
day; incapable of making his will or doing any busi-
ness. Was not able to speak after Thursday; then
ceased to speak. Up to that time was continually
cursing. Saw Mr. Blair dip the pen in the ink, put the
pen in Mr. Bainbrigge's hand and guide it. Supported
it while he wrote. Mr. Blair held Mr. Bainbrigge's hand
below the wrist. Mr. Bainbrigge was at that time in-
sensible and speechless.
Mary Roe, the wife of the above, was examined under
a commission from the Court of Chancery, for the pur-
pose of perpetuating testimony, and having since died
her deposition was now read. She stated that on the
testator being taken ill she was sent for to attend him,
and that he lay in a dying and apparently unconscious
state from the Monday till the Saturday. During all
that time she never heard him speak coherently, and ho
was incapable of holding any oonversation, and when
spoken to answered only by groaning. That he was
crouched up in his bed, and was continually groaning
as if in great pain, and remained from the Monday till
his death in a state of insensibility, or apparent in-
sensibility, to all that was passing, and during all that
time he was incapable of making a will or transacting
any worldly business.
It was proved by Colonel Bainbrigge that when he
and his brother called on the Tuesday, the little girl
Marianne and a woman met them, and the woman said
the old gentleman was two ill to be seen.
Major-General Sir Thomas Bainbrigge—Am Com-
mander of the Belfast Division, son of the late Colonel
Philip Bainbrigge. He was the youngest brother of
the testator, and was killed in action in Holland. Saw
uncle Thomas in 1815, in the spring. Dined with him.
In June left that part of the country. In 1818 was in
the country again, and heard of uncle's illness. 'Went
to see him with my brother. Was not admitted. On
the Thursday before his death sent up my own card and
wrote my brother's name upon it. Saw a female servant
and the little girl Marianne, and the answer I received
was that Mr. Bainbrigge was too ill to see anybody.
Was again there on the Monday. Went over again with
my mother, my wife, my sister Mrs. H. Dale, and my
brother, Mr. Peter Le Hunt. We were admitted into
the house. Mr. Arnold was the master of the house.
Immediately after the funeral we made application to
Mr. Blair to see the will. Mr. Blair, Mr. Arnold, my
uncle Joseph, my cousin Joseph, and myself were
there. He said, " The will is not here ; it is at Ut-
toxeter." We desired that it should be sent for im-
mediately. He said it should be sent for by a man on
horseback. In about an hour the will was produced. It
was brought by Mr. Blair into the room where we four
were assembled. The table was in the middle of the
room, and we were all standing up. Mr. Blair had the
will in his hand, end came in, accompanied by Dr. Fcx,
and said, " Now, gentlemen, if you will take your seats
I will read the will." We all sat down, and made a
point of sitting so as to see Mr. Blair, who sat at the
table with hie back to the door. Mr. Blair began to
read the will. After he had read a page I got up and
went to look over him. I came up to hie right shoulder,
on which he, who had the will before him on the table,
put forward his shoulder and head, as if to prevent me
from looking at the will. I immediately shifted my
ground, and cause round to the left shoulder. Ho ;did
not attempt to interpose between me and the will then.
I had a full view of it. lie continued reading. It
appeared to me an incomplete document. I saw
a great many pencil marks in the body of the will—
interlintations. I saw pencil writings in the margin.
There were several long lints of interlineations in the
body of the will, and gaps and openings, as I conceived to
be tilled up, at some future relied. Saw several such
opening,. On one page, at the bottom, there was a good
deal of space. Saw a large opening at the bottom of the
second page. Ile read while I was looking over him—
' perhaps, two pages. Ile had read one before I got up.
He read, say a pege and a halt', before I beckoned to iny
cousin Ihrikey, who in now dead. lie came initnediatady,
and stood behind Mr. Blair's right•hand shoulder.
r.:niair:s'l a Sa!‘ Lligfi Cl' IW,', tot ne d
over, WI,: It" 11/00 my nest. All the peeee I ...11.1V
tier i
5,0-00 soil ttiero 55 err` batlike in a fele)
110 reausal, retraaa josepa Ilanhey
Bainbrigge stood over Mr. Blair all the time he read.
At that time, unfortunately, I was not on speaking
terms with my uncle Joseph, who -was the next brother
of the testator. .John was next to Joseph. My uncle
Joseph had then several children, and mi.' father was
dead, my mother alive, and had eight children, fn nit-
row circumstances. My aunt, Mrs. James, had some
seven or eight children, and was nut in affluent circum-
stances. Afetr the funeral I went to Liverpool, and did
not return to that part of the country for two or three
years. Went afterwards to Doctors'-commons to see
the will. It Wilk: not in the same state as when I had
seen it in Mr. Blair's hands. My nephew, the plaintill
was, at the time of the funeral, in India, and did not re
turn till 1823,

Cross-examined—lt was ten years after the funeral I
went to see the will. I was on speaking terms with my
cousin Joseph Ilankcy Bainbrigge. Mr. Blair was;
aware that I was overluLkin,g him.. By several blanks
I mean to say that I saw two or three blanks in each
page. and a large blank in the second page at the bottom.
Some were shorter, some larger. Some were as long as
a line and a half. Made no observation to Mr. Blair.
I went to see the will, in order to see in what state it
was atter it had been proved. It was in quite a different
state. I could not recognise pencil marks in it. It
scewe 1 to me as if seine leaves had been taken out and
others put in. I recognised the traces of pencil marks
in the margin, and could not see any in the body of the
will. They must have been very well rubbed out. I
mentioned the appearance of the will at once to John
Bainbrigge, the brother of the testator, and the brother
of Joseph. It was the subject of our conversation.
John was on speaking terms with his brother Joseph.
I mentioned the subject to the members of my family, to
my uncle John as I was riding home, and to my cousin,
Thomas Parker Bainbrigge.
Ice-examined (the wilt was put into his hands)—l be•
lieve firmly that the parts in the second page in another
handwriting were not there when I saw the will after the
funeral. The lines there now occupy the blank space
that was there when I saw the will.

The case for the defendant was, that the testator was
a man who restrained himself in company, but at home
and in private indulged in those passions and habits
which he formed at an early age, and at a period when
society was in a very different state to what it is at pre-
sent, when those habits of drinking and swearing were
not confined to any particular class, but pervaded those
higher classes in which his position entitled him to
move. From the earliest period he had been slovenly
in dress, and eccentric and violent, and especially ad-
dicted to wreak his anger on his domestics; but no
man was more shrewd in matters of business. He
was a most active and intelligent magistrate, and
in one respect in advance of most other magis-
trates of his period, generally making all his ma-
gisterial business returnable at petty sessions instead
of his own house. None of his brother magistrates
perceived any alteration in his mental powers, and
up to the last moment ho was as intelligent as et er.
A genveinan named John Silt, of Uitoxeter, who knew
bim for 40 years, and had often dined with him at his
own house and his (testator's) houses, deposed that his
Aab cleanlyisuatrtkhaAt
n thhaeos
nwtyha ossys eohfiot of other
Esq.,a
sound
mind gentlemen
nd
habits for some time before his death were not only
greaters h i re, deposedpropri
propriety
ofu n dheirss tas tnadt ii gn
magistrate of Stafford-
the fact that no one could behave with
than the testator, and fulfilled the du-
ties of a magistrate very well within the two last years of his life, and certainly after the fall. Several tenants
and neighbouring farmers, collectors of taxes, and others,
spoke also to his sanity and good management of his bus
mess. Mr. Whiston, solicitor in Derby, said he was
eccentric, but a perfect man of business; that in 1816 he
transacted some business with him. Part of it was to
convey the equity of redemption of a house
in Derby, and he managed it with acuteness
and discrimination. Another witness, a farmer, raid
he was a little rough sometimes, but very sensible.
A great mass of correspondence between him and va-
rious parties with whom he had dsalings up to a very
.short period of his death was road, to show that there
was not the slightest difference in his style before and
after 1815, and that to the last he was in all his busi-
ness transactions as perf,ctly shrewd and sine as any
man could be, and certainly the correspondence was
such as no permit' need be ashamed of. Up to June 12.
1818, a f-w days before his death, he kept a regukir
diary of all his proceeding's, and there all his psyments
were entered, even the visit of friends, and every fact
of which it was important he should have a memoran-
dum. In these diaries entries were found to correspond
with the facts stated by some of the witnesses; but it was
intimated from the other side that the witnesses had pre-
viously heard of the entries. Ono fact connected with
these diaries was noticed as very material by his Lord
ship. There were twelve of these b,oks, and he allowed
the Solicitor-General to take them home on Saturday
night, so that he might, after his devotions on Sunday,
look through them, and find out if possible some entries
to throw light on the subject of this inquiry; but '