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

N° 18 051.]
• LONDON TITURSDAY
3
; , •
•
•
•
y AUGUST 1, 1850.

CATITOLIC LAW AND GENERAL LIFE
ASSURANCE COMPANY,
8, NEW COVENTRY-STREET, LEICESTER-SQUARE, LONDON.
The FOURTH 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 for publication :
During the past year no claims have arisen from deaths in England.
and but two in Ireland—one for .500/. 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 May, 1850, was more than double the number issued in
the twelve months preceding,
Proposals were made for 134 Policies, amounting to 52,9631.25. 6d.:
of these 121, comrrising 106 lives, were accepted for 45,125/. fis.
sixteen Policies lapsed, representing 6,0481., upon which 3201. 3'.
was received by the Company in the shape of premiums
Since the commencement of the Company to the Ist of Juno last,
assurances were effected to the extent of 110,972/. 12s. 6d., pro-
ducing in annual premiums 3,7321. I Is. 6d. Of these 54 lapsed,
amounting to 23,9301. 16s. 641., of which the annual premiums were
741/. Is., leaving the yearly income on the Ist of June last equal to
2,991/. 15s. I Id.
Since last meeting loans were applied for to the extent of 17,7001.,
but 1,1831. I Is. 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 '
tie I'Etang, a gentleman of high standing iu 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-
nuities both Immediate and Deferred.

ASSIZE INTELLIGENCE.

•
Ib'asphemod in a most frightful manner—in such a man-
uer that no one could doubt that he was in a state of
complete mental aberration. There could be no better
proof of this than the change in his conduct respecting
his granddaughter, Marianne. In 1815 be had taken
grt ne precautions for her proper education; but subse-
quently, so lost was ho to all proper feeling, that
he 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
Estee. So long as he had women servants they remon-
strated against this' course of education for the child.
tut he only laughed- and enjoyed it, saying, " She was
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 no: in the habit of ex-
posing. Once she filled the bellow of a board for playing
trap-1).11 with het water, and spurted up between the
legs of a servant girl and severely scalded her, and the
old man laughed heartily, and said, " Well done, yon
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 hitt ser-
vants that none could stop with him. Once, when one
of them in his awkwardness let a salt-cellar fail near
him, he flung a carving-knife at him, and it stria& 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 jastead of Madeira once, and. he flung it at his
bead. He used to compel one man to do his work by
presenting a blunderbuss at hins-whopever aaythiug was
done that did not please him. lin 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 (Weltarced 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 anyway displeased him, he used
to fling bottles,
tides that were nearest to him. Even when they did
glasses, croekeryware, knives, or any ar-
not offend him be often wantonly attacked them. One
day he 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 she did not
recover for a month. When he drove out in his car-
riage he took his gun with him, and once threatened
t 3 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 he promised to be better, and then let
him out, and they then had some drink. Another
one took up a saucepan of boiling water 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 his 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
se good 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 sc.
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 he could, be mixed
the remainder of a bottle of gin in the wash for the
pig, and made the pig drunk before it was killed. His
pockets were generally full of notes and gold; and be
once gave a servant a pocketful of notes to bet at a cock
fight, and the next day charged him with robbing him.
One sign of madness was a great concentration of iatel=
ligence on some points; and so no man was more shrewd
in his dealings with tradesmen, and nothing pleased him
more than defrauding any one of money. If his labourers
allowed him to fall into arrears of wages, they 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
gave her a bad halforown; and, when she came back to I
complain, he so cursed, and swore, and threatened, that
she fled in terror from hies. He fancied that a connexion
of his, a Mr. Burrows, who lived in Derby, and was a
most inoffensive gentleman, bad entered into a plot to
annoy him; and wrote a letter stating this to . his sister,
Mr,. James, on the 25th of May, 1818. as his reason fir
leaving Derby for ever. He fancied be had communica-
tions with the devil, and used sometimes to order hi,
bedroom door to be kept shut, in order to keep the devil
tohuatt; andthed
evil might be at liberty to go our. sometimes
kh. his windows to be left open, in order
used to talk incessantly of the devil, saying
that the devil was waiting fur him, and that
be knew he should go to bell, but would not wait
long there. In 1817 he went to the Derby races it.
his carriage, a man driving it who had a whisp of straw
around his hat, himielf and his grandchild covered with
rags, and his footman in a similar manner. Everybody;
noticed him, and there was a cry of " Mad Bainbrigge.
He wished to run a favourite chestnut mare, which bad
been just taken off grass and had not been trained. Ile
had no jockey for it, and he engaged a man from the
crowd, who rode in his shirt. The man asked for orders;
the answer was, " Oh, Lever mind;" but the horse could
not run a yard, and of course lost, and when the man
asked for payment, ho 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 loose
box. The horse got lame, and so indignant was he,
that he' sat in judgment on him, sentenced him to
seven years' transportation, and then committed it to
imprisonment and solitary confinement. The horse
wletyha,
es andonaanmst andwhoese almost
servants
was,onl y
starved
„ a swt told oeml tlul
was accordingly kept iu partial darkness, with
water as would keep life in him, and at the end of four
cehh deathe
no 'straw to lie
dungal nwlasnet—ahuislkbetwelloptilhedhinesiamhtdees:o; he has not served out his time.'3. In
masterhsatnsyd ihaunhaiddet
May, 1818, he left Derby to reside at his house at
Woodseat. This, too, was overrun with vermin, large
and small, and when a Servant complained that the rats
were £0 numerous that the place was like a rabbit-
warren, he said he would by' no means have them
killed; they were his game, and he preferred them to
hares and rabbits. The house was in a most forlorn
condition; the windows were broken, and• the pigeons
nestled on the shelves of the library, which contained
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 impot-
sible to get at the fruit without cutting olio's way
through a tangled maze of weeds. He used to drink
excessively; but liquor made him not drunk, but mad
and furious. He used to have a bottle of brandy with' a
glass laid every night by his bedside. So things con-
tinued till the Saturday before his death,rJune 13, 1816.
On that day he went to Draycott, and 'drank a great
deal—at least a quart of brandy—saying, it would be
good fOr his' gout. He got home to Woodseat on Sunday
night. On the Monday he got up, but ahoutmidday was
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 Arnelds. They were of course
anxious to know in what state he was, and if possible to
sift ct 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
came to the house, he never once went into his room.
Arnold secured an interview with Hawthorn. Mr.
Blair was sent for, and on Wednesday, the 17th of June,
he prepared a codicil, altering altogether the pro-
visionssubstituted for his nephew, Mr- . P. of the will of 1811 This document
Bain-
brigge, the proper representative of the Bain_
an apothecary, who
brigge family,
oneof his daughter, Mrs. Arnold,
and got rid of the annuity to Mrs. James. This codicil
ethfemhro.ußs:inandona
was in distressed circumstances,
was attested bytillteoes,onsJohn Aallnedn,
ta-nelamboeurerenrreanbtuoraet
willeand got the old dying man
.to execute it, and got
little or nothing of the
it attested by Allen, who knew
theM next day idsacP'Blair brought a formal
testator, and a Mrs. Hawkins also, who was the wife of a
farmer, and also knew nothing of him, and by Dr. Fox.
It would be proved that at the time he executed the will
he was totally insensible,
i in ahe was doing. The wife of Allen, „b g
under a commission for
consump-
tion, was examined as a witness
and incapable.e_nof knowing. what
r the full knowledge, as
under that commis ion, end untie
woman, she
was a dying
she expressly stated, that she
the Monday till his
said that the testator was, from
perpetuating testimony, and in her examination, taken
refused two nas passing around him;
and expresslyt,o see him, replying to
ap-
plications from his daughters
accompanied with a deep
death, totally insensible to, and unconscious of, what
them by a murmur of refusa
husband, William Arnold, was
wastte
dnot
withseen eby
lastthe
willde-
et was, therefore, im-
portant
for Blair an
referring to previous wills. Ac-
the formal will without
o
Uttoxeter, and set his clerks
cordingly Blair hastened
the
tes-
tator knew of any formder
hwisi
most important provisions
to work, and blanks for
up till after th ee
e sta-
were left, which were not filled
in most respects conformable
tor's death. That will was
the same provisions as the
to the codicil. It contained associates
A Id having nothing
toltincreased ; his lands. Mrs.
to do with holding any d • h
1 a year urn wasbaud'•
Aracld'i Annuity 01100 ..
former will, with respect to the Arno Ida

► i:fe, 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 1,000/. each to the younger
children; and in case all should die without issue, then
to hisewn rightheirs forever. It contained the same provi-
sions as to Mrs. Blair and the eduoation of Marianne.
It also contained a provision that during the minority of
his granddaughter Mr. Blair should have his choice of
any of his three mansions and the sole and exclusive
right of ..porting, shooting, and fishing over all his
estates. There were three trustees,' Hawthorn, Wood,
and Blair; Blair, being a solicitor, knew- that be would
have virtually the exclusive management of the pro-
perty, and knew further that if, on the death of the
granddaughter, the will of 1815 camp into opera ion,
the Bsinbridges could at once manage their own affAirs,
whereas in the event of Mrs. Arnold's children. coming
into possession he 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. Bainbrigge 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 youeg
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 otiree to examine him till it was too
late to do so, Another Suspicions circumstance connected
with this will was that the parties who concocted it,
though. they professed to be religious men, did not send
fir clergyman to console the dying man, and smooth
his path from earth to heave*, though they knew he had
lived a life of sensual enjoynfent, and had, for years neg-
lected bis 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

OXFORD CIRCUIT.— Stafford, July 30.
CIVIL SlDE.—(Before Lord CAMPBELL and a
Special Jury.)
DOE, DEM. BAINBRIDGE V. BAI.NBRICGE.

The Solicitor-General (Mr. Cockburn), Mr. Alexan-
der, Q C., and Mr. Gray appeared fir the plaintiff; Mr.
Keating, Q.C., Mr. Whitmore, and Mr. Pigot appeared
for the defendant.

This case which occupied the attention of the Court
from Thursday morning at 9 till half-past 11 at night,
aad from 8 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
on two grounds—insanity and fraud. The case, as
opened by the Solicitor-General, was to this effect:—
The testator, Thomas B.inbrigge, was the representa-
tive of a very ancient family in Derbyshire, Warwick-
shire, and Staffordshire, and inherited considerable
estates in those counties, to which in the course of his
life ho 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 he be-
came somewhat less fond of society than he had been,
and after kis father's death retired to a seat 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—a person of some attrac-
tions. She became pregnant. He believed himself the
father of her child, a (laughter, who was born in Sep-
tember, 1790, and was named Betsey Bainbrigge. Mrs.
Betsey did not confine her favours to her master,..ant,
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

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.

Philip within eight miles of him. No notice of his illness
was sent to them, and when his two nephews, General and
Colonel Bainbrigge, called on the Tuesday to see him they
were not admitted to see him; and his brother John, on
calling on the Saturday, 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 gee
_ _ _ _

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, cone
quently, on the 15th of October, 1808, made another
will, by which he 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 100/. 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 bis daughter's conduct, he allowed her and
hteerthcehielhdiltdo. reßmnatin
tihnethe danhgouhsteer, aenifdenedveend tohok fa
ncy
to a
again.
There was a farmer in the neighbourhood, named Ar-
nold, who bad 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
furioue. 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-1
herit a penny of his money. Under these feelings he
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 he 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. Ia 1815, he 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 masteetninent and respectable
solicitors in Staffordshire, to make alterations in his will.
that gentleman came at once, and lest anything should
happen before a formal will could be drawn up, he at
once prepared a codicil, on the 11th of August, 1815, to
the will of 1812. By that will he had left his estates, in
default of issue to his granddaughter, to his nephews and
nieces generally; but by this codicil he left them to
Thomas Parker Ilaixibrigge, the eldest son of his second
brother, in fee simple for ever. Mr. Blair caused a more
formal will to be executed on the 15th of August. By
that will, after directing
.the payment of au annuity
of 4001. a year to his sister, Mrs. James, and of 50/.
to Mrs. Arnold for her life, and making provision for
the 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.
Beinbrigge, 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 for
life in consideration of her attention to the child. More-
over, the annuity to Mrs. Arnold was not to come into
effect until the existing 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 be then bestowed upon it.
Allowing, besides the annuity to Mrs. Blair for her ge-
neral superintendence, 200/. a year to be applied to her
education till she was 15/. and :300/. till she was 21. This
was the will of 1815, on which the lessor of the plaintiff
took his stand, and claimed the estates. 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
came to hilt. That the testator was sane in 1815 would
be proved beyond question. At that time he mixed in
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 were polished, his language refined, and
he was in every respect a highly-educated gentleman.
He bad 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, and drinking a great deal of
liquor. Wine and spirits never made him drunk,
but excited his irritability. At the close of 1815 he
removed from Green-lane, Derby, to another street
called Osmanston.street. From that time a material
change was observed in his habits, from which it was
clear that his mind was utterly gone. His dress. was so
neglected that be became a marked character. His
clothes were filthy and unclean, old and covered with lice,
and such as a beggar would not pick off a scarecrow.
He never washed himself, and the stench from him was
intolerable; bis stockings were in holes; his coat out
at the elbows; his trousers broken. He sometimes had
a garter cn one leg and none on the other; his hat was
such as the boys put on Guy Fewkes, and altogether
his appearance was such that the boys used to follow
him through the streets of Derby, crying out " Mad
Bainbrigge." His house was in keeping with hie 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
=leaned 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 man 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
fish
He
everweads weietheebloseoedahahnrgininggingoutheomf
ehims
eDneartbyp
slaughtered ox on the top of his carriage. Another
time he brought home a calf's head and pluck on the
ocwiktehts.
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, be said washing would
spoil flannel. Ho once made bis 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
out "Are ye mad?" the men answered, " It is not we
that are mad, but our master." He once suddenly gave
directions to dispossess all his tenants in the streets of
Derby, though they did not owe him a penny of rent,
and actually ejected every one of them without any
reason whatever but some wild fancy of his own. He
went to the funeral of a friend, a Mr. Richard Rid-
sesome
f re
n dsm
dlesden, and some accident occurring which made his
horse restive, he swore at his coachman, and wished
him " in hell with ' old Dick," the friend
whom ho was
hh had
te
him
m a
dingnoeirngenceto, the servant bWhreohne
cold plate. He ordered him to keep it at the fire till he
called for it, and when he did, and the brought it, it
burned his (Mr. Bainbrigg ' fingers; man
and thereupon he
seized a roast goose that 88)
was
mncle the table by the legs,
and flung it after the man, cursed and swore at him,
and kicked him out of the room. In 1817 a lady went
up with his granddaughter Marianne( into his bedroom.
an
and there saw a bottle of brandy a bottle of gin, and
the poker and tongs on a chair near
his bed • and he told
her on several occasions that he kept them
teat him against the devil. He used to mur ir y
there to pro-
to himself, " I must go to the devil, but I a
uot frequently
to
yet. All religiQue feeling departed, and he owed and

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, tend on the re•
maining pages there were no blanks, pencil-marks, or
interliueations. Unfortunately, at that time General
Bainbrigge was on bad terms with his uncle Joseph,
who was the heir to the testator; he bad 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 be 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'-commons, and so different from 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; and, 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
1,5001. 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 will, and entered
into a correspondence with hisu for this purpose, getting
him to confirm the will on the terms of the trustees
selling him the mansion for the amount of the debt, and
setting off the debt against the price. Blair, in that cor-
respondence, artfully warned Mat that this purchase
would afterwards prevent him from disputing the will,
but told him at the same time that it would be useless
to attempt to upset the last will on the ground of
sanity, unless ho could prove that he wits:instil° and
incapable of making a will fir the preceding thirty years
of his life, as he (Mr. Blair) had got wills in his poi.
,ession, prepared by himself and others, leaving the
property away from the family. Mr. Joseph Bain-
brigge fell into tho 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 trust() ati 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 "T. 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 specific) per-
formance of toe agreement to convey. Marianne, at the
age of sixteen, ran off to Gretna Green with the son of
Alsop, the apothecary, was married, bad two children,
And filed a bill against Mr. Blair in order n) establish the
will. A suit wan instituted by Mr. Blair to perpetuate
testimony. Marianne and children passed off the scene,
and her line became extinct. Blair became bankrupt,
and new trustees were substituted; and finally the Court
of Chancery directed this ejectment to he 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 will 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.

Mr. Thomas Frost,'now a merchant in Liverpool, for-
merly a pupil to a Mr. Hadley, a surgeon, of Derby,
proved that on the Bth of August, 1815, he saw Mr.
Bsinbrigge 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 fann the Bth to
the 26th of August, and then went to hi.t 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 equiprige. 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, eras 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 kinel 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. He 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 be 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 hiss other clothes
till be died. Went on the Tuesday for Mr. Hawthorn,
and brought him. Saw him and Arnold often together.
It was on the Thursday, he thought he was sent for Mr.
Blair, about nine or ten in the morning. Had a letter
for him from Dr. Hawthorn. Afterwards saw Alsop
there; Alsop, Hawthorne, and Arnold met Mr. Blair at
the back door, and they talked together. Saw Mr. Blair
writing in a room leading to the squire's. The squire
was then insensible. When Me: Blair asked a question
he only gave a sort of groan. Mr. Blair brought him a
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. The 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
oar to Jolia Allen, a whoolffright. When Air• 13154

,

. . .
.-...!:.!:;r.,,A. I • ' ".• , ' '
•
........
!
- .
e .
. ''''l.:-;t.l, ' •:. ''
- 7
- -
-..-.,....., ;.•,, ..:., . . . •
. .
........... . -. '
..'" :---t--,----------,:.ii, 4,.,..1
~• ,
: \ '...,-1,',;,-;-::".kli . .
~,
~i.
r..l ' 1 N 964- , . alit • S1:-?.. ft .
V 1 I.
. A 7cti,,...,,,1,-,-.1 NI; --' ,
,k,...-,...,..0,.;14.,,,, ••• . ..: .•
MI , 1/4, v
''
''t
--.._-_.
.'n, ), ," i v
• '-'-`',',`:4C'f'' ' ''f--"") ' \''''' - • ( ..'' !----4._Y,?.5,?Y...,‘ ... -'`,:,,. .
0, 1
i '4
(;:e, lA,
i .....,, \ ~,
.r , ~,, . , ..„,•,-,,,,
. • ~,,,, , ---t.,,T.-: ~,----,--1, ffed,j, 7
~..3,
.•i 46 I i44.•41714.; , ii 4. 4. +0
, r t
.fr.
I. • i'• \ ' gi-.4*-vi 6,.. „444. ~,' ,4,-;-,.)-74--- ‘.‘ , „,-
c0ii_...i,,,,,, ,
~ t-.40
t. 14 •=/
,
...,....,k, ,
7-, . •
~.,, , , ✓
t,. , wii..., •---,--,•,.,-,, fc.it.k.„ 4.-:-..irfo 7: -4(-4?"-.ille›ItI, -
,_ yk ,;,,,•. i \ --- .;.
\ -1-.-:,, .1 ' I ik," , 9.: 4:---..;,' .. • o,- ~-• ..... •,,,,,:____,..., t ~,,,,T47 . ______ ~, . -,..,...„, .-.!.. ,„ ,41+
-,,-- 'N. • - „-- ,-9,,,j,,--'-ic 'l4:-....2LE1Li65,612_ . - ,z.;111,Fi;:41,2_--- r.,,v; :,;at.:- - __ll.nST_T" -1° JL 'i`

[PRICE SD.

07
//

though that Learned Gentleman had theta ho-tOnsain
possession, he made no reference to them- Thi,
was considered a strong argument againitt his
insanity. From these circumstances it was contended
that the accident in 1815 would have produced no such
effect on him as the plaintiff pretended. As to Mari-
anne'a practices, her unfortunate habits appeared to bs
the result of her position—she was thrown amongst
depraved servants, and acquired from them, and not from
the testator, those habits and expressions deposed to by
the witnesses. From the earliest period the testator was
bent on securing to himself the power of disposing of his
property away from his family. His father was net
dead a fortnight when he barred the entail. He never
seemed to have been quite determined for any length of
time as to how he should dispose of the ultimate re-
mainder of his estates. It was said that it was idle to
pretend now that lie was insane ,from 1815 to his death.
His family mere living in his immediate neighbourhood.
Why, then, not sue out a commission of lunacy against
him? Thia was a strong proof that this pretence of his
insanity was totally unfounded. But the tact of his
eldest brother and heir-at-law confirming the will, ad-
mitting that it was duly executed, and that the testator
was of sound mind and memory, and restraining himself
from ever disputing, it, was conclusive. Of the twelve
persona who were present at the Tastaseeneant thia genti-
man's life, ten by their oaths and acts ratified this will. What,
motive bad all these people for entering into this conspi-
racy? Mr. Blair was at the time of this alleged crime, it was
admitted by the Solicitor-General, one of:the most emi-
' nent and respectable solicitors in the county. He had
through a long series of years enjoyed the confidence of
Mr. Bainbriege, and would he sacrifice reputation, posi-
tion, and all that was dearest for the sake of having an
exclusive right of sporting, instead of a Aare with two
others? What did Alln and Rawlins gain by their
machinatiens? Again, it was said that the testator
never forgave Arnold; that was not so. A short time
before his death, old Arnold, who had first given him
offence, had died, and his executors bad locked up 4
gate against the testator; and young Arnold, the hus-
band of his daughterk had broken off the lock. This
pleased him; he sent for Arnold, and spoke kindly to
him, and saw him on several occasions. There was no
pretence for saying Mr. Blair gained anything by this
will which could induce him to commit the complication
of crimes imputed to him by the plaintiff. There was
not the slightest reason for supposing that
there was any blank in it when it was read after .o),'
funeral. Not a letter °tithed beau altered singe it west
signed. • It was seen before the funeral by M, gash.
ton, solicitor of Uttoxeter, who was then an artist*
clerk-to Mr. Blair, and he would prove that west
now in the same state it was then, and that he, before,
the funeral, made out two copies—one of which he would
produce to the jury. Mr. Rushton did speak positively
to these circumstances; but in cross-examination by the
Solicitor-General he was not able to swear that the
copy which was now banded to him was one of those two
which he had. made before the funeral, or that a third
copy had not been made. It was, therefore, contended
that General Bainbrigge must be mistaken in what he
fancied he saw at the funeral. Wm. Arnold himself
swore that during his father's life the old snail never
spoke to him; that his father died in 1817;\ that his exe-
cutors had a dispute with the testator about a right of
way. They locked up the gate, which made him angry.
He (Arnold) knocked off the lock, and soon afterwards
received a message from the testator to call and see him.
He went. They spoke about the lock, and the old man
was pleased, and desired him to have some think, which
he declined. He had been long anxious to cut down
some trees on his (Arnold's) farm, but his father
would not allow him. Meeting him soon again, he (W.
Arnold) told him he might cut them, and this also pleased
him, and he said witness might have the loppings and
bark; and they walked to his house together. He
stopped an hour and bad some gin and water, and the
old man said he was not one of those who would draw
the sword and would never sheathe it. He said he
would take care of his daughter, but would not leave her
a shilling, and expressed no desire to see her. In cross- -
examination this witness was asked when his wife died,
and be was for a few moments puzzled for an answer,
saying he did not know exactly, tout at last saying it
was in 1827 or 1828. Considering that she was the
cause of all this litigation this answer created great
surprise. In answer to further questions he answered
as follows :—" I was not at the house, as I believe,
during his last illness, except the last day. My wile
did not go there ; she never saw him in his illness. I
always from my marriage lived in a cottage given to
me by testator, and not with my father. I now live
upon some money I got with my second wife. I
have no means of subsistence but what my son al-
-1:)ws me ; if the estate goes I will have no means of
support.
The next witness, however, who was called for the
defendant, swore, on cross-examination, that she had
seen him at testator's on the Monday or Tuesday of his
last illness, and that the testator had frequently said,
within a short time of his illness, " Martha Arnold
should not have a penny of his money; that if nit
daughter had married the coachman she would have
made a woman of herself; but that by marrying Arnold
she proved herself an abandoned character." In sup-
port of the due execution of the codicil and will, which
were treated throughout as substantially one transaction,
a considerable body of evidence was given. The codicil,
which was executed on the 17th June, was attested by
Adam M,e, John Allen, and Mr. Alsop, and the will was
attested by Dr. Fox, John Allen, and Mrs. Rae lino.
Adam Ilne was examined for the plaintiff., Allen and
Alsop considered testator (if sound mind, memory, and
understanding. Mr. Alsop, who had been a surgeon and
apothecary at Uttoxeter, also deposed to the due
execution of the codicil, and the perfect compe-
tence of the testator. His evidence was sought to
Le impeached on the ground that at the time he made
this deposition be was considerably indebted to
Mr. Blair, but said be had given him securities and was
bankrupt, and was actually living, at the time of his ex-
amination, in one of the mansions selee,ed by Mr. Blair
under the will. Dr. Fox was dead, arid had riot been ex-
amieed. Mrs. Alice Paulin., the wile of Francis Raw-
lins, swore that she was sent for on the Thursday to
Woodscat. Went; saw the testator; that he was quite
conscious and sensib e, and spoke to her and others.
Asked her whether she could write. She said not well;
and when ho signed the will, said, " This is my last will
and testsment.' He also signed his initials. In cross-
examination .her credit was impeached, on the ground
that she and her husband had left the farm of 90 acres
they had held, as the agent behaved shabbily, and went
to live at Leamington, end afterwards in Derbyshire;
and about five years ago were brought beck by the de-
fendant, and allowed a cottage sand seven acres of land
and the grass of the cows, without an arreement as to
rent till last year, when it was settled at 20 guineas, and
also were allowed to draw a few small !AIM of money
occasionally from him, and had not settled the no-
count. Mr. Thomas Salt, a surgeon at Ruge-
Hey, who was described by Lord Campbell, in
his summing up to the jury, as a most re-
spectable witness, on whose statements they might
rely, proved that he was apprenticed to Mr. Hawthorn
in 1818, and that a message came from Mr. Hawthorn
on Tuesday, the 16th of Juee, to go to see Mr. Bain-
brigge; that Mr. Hawthorn being at Birmingham, and
the message pressing, be went himself and saw him.
He was in bed, and very ill, but perfectly sensible. He
visited him again in the evening; he was then sensible,
and conversed about his illn( ss and the symptoms. He
saw him no more, as Mr. Hawthorn came home that
night about twelve, and went at once to see him. He
believed he was the first medical man who saw him. He
made an entry of his visit in Dr. Hawthorn's book.
John Mellor, a farmer, proved that on the night of the
16th June he was sent for to the testator and saw him in
bed. He said he was very ill, very ill indeed, and asked
him if he would go to Derby for Dr. Fox; he was to start
at twelve, and desired by the testator to lie down till
that hour in the room next to him, and he would call
him in time. He did so, and gave him a note to Dr.
Fox, and desired him to ride his pony, and if Dr. Fox
were not at home to come through Uttoxeter and bring
Dr. Hawthorn. This man's story, Lord Campbell, in
summing up; said was very probable, and the only
mode of accouuting for Dr. Fox's presence at the
scene. The trustee, Hawthorne, was dead. Mr. Blair,
an attorney, practising at Uttoxeter fur 53 years,
knew testator since 1798. Employedhim that year, after
his father's death; to bar the entail. Was his confidential
solicitor in 1808. Prepared the will of 1808. Had not
p then seen the will of 1803. Becattie very intimate with
mat- Frew ait-generally shabby in dress, but not very
outrageous. -At dinner parties he was dressed like a
gentleman. Ho was a careful man of business, and
added to his patrimonial property by several purchases.
When he was offended with his daughter for marrying
he received instructions to prepare the will of 1812.
While he was at Derby he had a purchase for 6,000/.
hanging over, and managed it well. Prepared the will
of 1815 and the codicil to it. During his last illness he
was called up in the night of the Wednesday, the 17th
June, and rode over to him. He said ho was very ill
and wanted to make an alteration in his will. Received
his instructions, and prepared the codicil immediately in
an adjoining room. Read it over to him. He required
several alterations to be made. They were accordingly
made, and they now appear in it. In one of these he
(Mr. Blair) had limited the remainder to Mrs. A.'s heirs
male, and he ordered " male*to be struck out. After
it bad been altered he signed it. The codicil was
only a temporary precaution. Went home to prepare a
formal will, and did it by altering the will of 1818 in
pencil, and adding clauses by way Of rider. It was
then engrossed. A blank was left at the bottom of the
second page for this reason. In all former wills (said
Mr. Blair) my co-trustees were not sportsmen. Both
the new trustee were sportsmen, and I determined_to
ask Mr. B. what his wishes were OR the subject,.and he
gave me directions pursuant to .my wishes, when I took
the will to tom on the Thursday Morning. His instruc-
tions were that I should have the exclusive right of
shooting over his estates during the minority of any
tenant foe life or entail, and the use of any of his houses,
except Woodscat, for myself and his granddaughter,
who was left under my care. I know of no other blank
in the will. Having received the instructions mentioned
I tilled up the blank at the bottom of the seeondpager.
I explained the heads of the will to him, and read
s ove
!hat elau,e, and he executed it. Mr. Fox, Mr..b
Raw-
lins, and John Allen were present. Mr. Bain ryee
understood is as wall ai I aid. In reading over oLedr
inh
paresis to be said, he directed this addition—"
Those words werey
He did not direct
estate in the county
interlined, and he initialed them. °them...
kneww
them—lotuses o r ofand laeggraelamdoecnuts-
ments, and u
other alteratigeonS.
with t • tenants (produces some). He used to sign
his ta draw
his name " The. Bambriege," but be signed the will
" Thomas Bainbrigge," in full, at my suggestion, as all
the interlirieations were marked with his initials only. I
said to him, " You need only put your initials to the
interlineatious, and sign your name in lull at the end."
It was executed at about ten A.M., or a little after. lie
sent for me again on the Friday, and he gave me in-
structions to,prepare a settlement of part of his personal
estate, for the purpose of saving probate end legacy
duty. I went home, got it prepared, and cam© back

dipped the pen in the inkstand, he put it in the
squire's hand, and he put his hand under the
squire's arm, and the squire wrote something. Allea
signed the paper. Witness put his mark to it. This
was the first paper that was signed. Thought Dr. Fox
came 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 roots. Mr.
Arnold asked witness several times to be allowed to go
io. He went to the door once. He durst not allow him
to go in. Ho peeped at the squire in b<el. Saw Mrs.
Arnold in conversation with Mr. Blair, Mr. Hawthorn,
and Mr. Alsop on one occasion, and with one or more
of them 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; he forced his
way, and went to his brother's bed-room, who took no
notice of him. The captain cried over him, and asked
him whether he would not speak to his brother Jobe.
The squire did not kno# him, and took no nctice at all
of him. The captain remained three-quarters of au
hour. Nono of his relations were sent for during his
last illness. They did not want his relations to come.
Ife died about half-past two in the unernoon 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 placed
in authority. _ _

Cross-examined—Always considered him a madman
—e dangerous madman. He 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. air. Blair held )fir. Bainbrigge's hand
below the wriet.- Mr. Bainbrigge was st that time in-
sensible and speechless.
Mary Roe, the wife of the above, was examinedunder
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 limo she never heard him speak coherently, and he
was incapable of holding any conversation, 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 3ainbrigge. 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. R. 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, and came in, accompanied by Dr. Fox,
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 his 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 his 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 tame round to the left shoulder. He did
not attompt to interpose between me and the will then.
I had a full view of it. Ile continued reading. It
appeared to me an incomplete document. I taw
a great many pencil marks in the body of the will—
interlint ations. I saw pencil writings in the marlin.
There were severe! long lines of interlineations in the
body of the will, and gaps and openings, as I conceived to
be filled up, at some future retied. 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. He read while I was looking over him—
perhaps, two pages. Ile had read one belore I got up.
lie read. say a page and a half, before I beckoned to my
cousin Ilankoy, who is now dead. iie came immediately.
and stood behind Mr. 13Iair's right-hand shoulder. I
remained a littlo time. Saw another page or two turned
over, and resumed my seat. All the pages I saw bid
some interliueations, and there were blanks in every
page. I made no- remark. Young Jose-pa Hankcy
Bainbrigge stood over Mr. Blair all the time his 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
Jceleph had then several children, and my father was
dead, my mother alive, and had eight children, in nar-
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 was not in the same state as when I had
been it in Mr. Blair's hands. My nephew, the plaintiff,
was, at the time of the funeral, in India, and did not re-
turn till 1823.

. -
Cross-examined—It was ten years after the funeral I
went to see the will. I was on speaking terms with my
cousin Joseph Hankey Bainbrigge. Mr. Blair was
aware that I was overlooking him. By several blanks
I mean to =ay 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
seemei to me as if some leaves had been taken out and
others put in. I recognised the traces flf 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.
Re-examined (the will 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 passices 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 particuide class, but pervaded those
higher classes in which his position entitled him to
move. From the earliest period he bad beett'slovenly
in dress, and eccentric and violent, and especially ad-
dicted to wreak his anger on his doinestics; 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. N-one of his brother magistrates
perceived any alteration in his mental powers, and
up to the last moment he was as intelligent as ever.
A geetleman named John Salt, of Uttoxeter, who knew
bite for 40 years, and had often dined with him at his
own house an his (testator's) houses, deposed that his
habits for some time before his death were not only
as cleanly as those of other gentlemen of his station,
but that be was of sound mind and understanding.
Mark Anthony White, Esq., a magistrate of Stafford-
shire, deposed to the fact that no one could behave with
greater propriety 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, andothers,
spoke also to his sanity and good management of his bu-
siness. Mr. Whiston, solicitor in Derby, said he wee
eccentric, but a perfect man of business; that in 1816 he
tritnsauted 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, said
he was a little rough sometimes, but very sensible.
A great mass of correspondence between him siAl va-
rious parties with whim he had dealings up to a very
short period of his death was read, to show that there
was no: the slightest difference in his style before and
after 1815, and that to the last be was in all his busi-
ness transactions as perfectly shrewd and sane as any
man could be, and certainly the correspondence was
such as no person need be ashamed of. Up to June lfe
1818, a few days More his death, he kept a regular
diary of all his proceeding,,, and there all his payments
were entered, even the visit of friends, and every tact
of which it was important be 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 pie-
viously heard of the entries. One fact connected with
these diaries was noticed as very material by his Lord.
ship. There were twelve of these books, and he allowed
the Solicitor-General to take them home .on Saturday
night, so that he might, after his devotions on Sunday,
look througla thew, and find out if Possiblesorne entries
'LC' throw light on the subject of this inquiry) but

1Z: