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

ST. JAMES'S T.HEATRY,
King-street, St. James's.
Lessee, Mr. John Mitchell, 33, Old Bond-street.
Mr,s. FANNY KEMDLE.
READINGS IN SUARSPEARE.

TO-NIORROW FIVENING

VIEITRE ROYAL, ADELPIII.
'Under the direction, ot Madatne Celeste.
THIS EVENING,

Box-a-Ilea open From Eleven till Four
Ste.ze Manager. Mr. W, West.

s

c---;
v_ll
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dcladagion, ls.

with it on the Saturday; but Mr. B. was in a state of
stupor and could not execute it. He died at three o'clock
on that day. After the funeral the two brothers and his
or their nephews retired to Woodss?at. I either read the
will or went through it. The document before me is
what I then r‘a.i. It was proved March 17. No caveat
was entered. At the funeral I delivered to Mr. Joseph
Bainbrigge a copy of the will. Ho subsequently applied
to foreclose a house at Derby that had been a family
mansion, and he alleged the testator owed him a large
sum of money. Mr. Lockhart, of Derby, acted for him
in the correspondence; afterwards Mr. Jessop. He ulti-
mately executed a deed of confirmation. The pre-
sent lessor of the plaintiff filed a bill in Chancery
to compel a specific perfirmance of that agree-
ment, and that the validity of the will of 1818
might be inquired into. Specific performance was
decreed, and the rest of the bill dismissed with costs.
Joseph afterwards became purchaser of one of those
lots. After testator's death I found he was in the habit
of keeping diaries and accounts. The one produced is
in his handwriting. Under the date Jan. 15, 1813, is
the entry, " brought to bed of a boy." Dr. Fox
was present at the execution, but not whop I read over
to him the will. We .wished to examine Dr. Fox by
c9mmission, and sent commissionf rs, but his wife said
he was too ill.

Cross-examined—Te,tator said, " Blair, I want to
make some alterations in my will. I wish, if Marianne
dies, that Mrs. Arnold's children should have the estate
and thar, Mrs. Arnold should have 1001. a year at once,
and 3001. a year atter her husband's death." To every
alteration in the will there are hie initials—but not to
those io the codicil, because it was only a temporary
precaution. The will was engrossed by a clerk of mine
named Stringer, who has been since prosecuted by me
for embezzlement, and sentenced to transportation. The
testator did not read over the will himself, but
I told him its provisions from it. I said, " will
you do anything for your relations," or something to
that effect. I saw the will at Doctors'-commons,
about six weeks ago. I did not suggest anything to
him about putting in Mrs. Arnold or her children. I
remember Mrs. Alsop and her child filed a bill against
me for malversation in my trust. Mr. Warren asked
me whether Mr. Arnold Bainbrigge would agree to
pay me my costs in that suit ? I replied that if it was
not for me ho would not have the estate, but I did not
say I might put in my own name if I liked. It would
be going beyond my duty to do more than give testator
a hint of what ought to be done. lie was weaker on
Friday, but he was quite collected and gave his instruc-
tions for a settlement quite clearly. Mr. Rushton, now
solicitor in Uttoxeter, did the engrossment. I cannot
recollect whether I sent to Uttoxeter for the will when
the relatives asked for it; the best of my recollection now
is that Mr. Rushton brought it by my direction. I
read the will most probably altogether. I did not
intentionally turn my shoulder, so as to pre-
vent General Bainbrigge from seeing the will. I swear
that' the blank was filled up before it was executed. I
frequently make pencil notes in the margin of original
documents, but cannot say whether I had made
them in this document, but there were no pencil inter-
lineations. Mrs. Fox. declined to let me see her husband
except in the presence of the solicitor on the other
side. I believe the Fox family did. tell ma that haste
must be made, or otherwise he could not be examined.
I believe Mrs. Fox did in the presence of the commis-
sioners accuse me of having delayed the examination of
Mr. Fox. I, agreed with Mr. Joseph Bainbrigge that
the purchase money of the house in Derby should be
allowed out of such claims on the estate as he could
establish; he was to file a friendly bill, and I was to
offer no opposition. I became bankrupt in 1836. My
debts amounted to 100.000/. I have paid no dividend on
unsecured dcb:s. There was some trust money in-
eluded. Notwithstanding,the clause in the will of 1818
I let Arnold have 20 or 30 acres of land.

Mr. Rushton proved that he took the will on the
morning of the funeral from Uttoxeter to Woodseat, and
read the whole of it, and made two copies of it, and that
it was in the same state as now, and also on the Satur-
day the testator died made an engrossment of an assign-
ment of his personal estate to the trustees.
Lord CAMPBELL summed up. If the jury were of
opinion, notwithstanding the extravagant things which
the testator had done, the habits he had acquired, and
the many blamable features in his conduct, that he was
sane before his illness on the 15th June, and that on the
17th and 18th he was conscious of what he was doing,
and that the codicil and will spoke his intentions, they
should find for the def,toclant, but if they thought he was
insane before his las: illness, or if they thought he was
sane, but that daring that illness some fraud was prac-
tised upon him, and he did not give directions for the
will and codicil, then they should find for the plaintiff.
It did not appear that there was any ground for dating
the supposed insanity from the accident in August, 1815.
There was one peculiarity in this case. Generally,
where sanity or insanity was in question, wild and violent
acts were sought to be explained by showing that the
party drank deeply, and that they were to be attributed
to that cause, while here the party setting up the insanity
gave evidence of extrusive drinking, and the other side
denied it. In arriving at their verdict, they would have
to say whether or not Major-General Bainbrigge was
labouring under soma hallucination as to what he
saw after the funeral. It did not appear by the
will as it now stood that there ever was more than one
blank in it, and for that Mr. Blair accounted in a very
probable manner, as he thought, for he virtually had
all the same advantages by the will of 1815 as by that
of 1818, except the exclusive right of sporting. The
evidence of Mr. Rushton also, who saw the will before
the General, and made two copies of it, went a great
way to show that the gallant General had fallen into
some mistake. A strong- improbability against the will
of ISIS was, that in that of 1808 he lett his sister, Mrs.
James, an annunity of 1001. a year, and by that of 1815
one of 4001.; and a short time before his death he wrote
affectionately to her, enclosing a cheque for 120/., and
yet cut her off by this without a penny. This change of
feeling, too, with regard to the Arnolds was remarka!-Ae,
but it was possible that at the last moment his heart re-
lented, and his natural feelings returned.
The jury, before retiring, wished to know how old
the old man was. He had been all along spoken of as
the old man, but his age was not mentioned.
His Loansair said it had not been proved, and he
would nut then inquire about it.
The jury le trcea. at half-pait one o'clock, taking out
with them the codicil and will and the diaries, and in
about twenty minutes returned with a verdict for the
plaintiff.

Mr. MITCHELL r;;speci fully announces that Mrs. FANNY KEM
BLE la engaged for SIX It r:AIHNUS of SHAICSPEAR.E.

The Thirl 'Reading will comprise Sbakspcare's Play of "The
;%lerry Wlves,of Windsor."
On Monday next, "Measiire for Measure ;" Wednesday, " Much
Ado about Nothing ;" and Friday, "'the Merzhant at Venice."
To commence at haif•pra.st Eight 'clock precisely.

Stalls, 79.: BOXPA, 54. Pit, 33.; Amphitheatre, 23. Private
Boxes One Guinea, One Guinea and a-half, awl Two Guineas.

1A0.101.4 and 5t.4.114 1114, SeC:lrel at Mr. Mitchell's goyai Library,
33, Old Bond-street ; Mr. Sams' 'loyal_ Library, •4t. Jamea's-street ;
Messrs. Ebers', Andrea's', llookham':. Alicroft's, Leader and Cock's,
Chappell's. Ilaniinond's, and Oilivier's Libraries, Bond-street ; Cra-
mer's, and the Carlton Library, Regent-street; and at the Boa-office
of the Theatre, which a open daily front Eleven till Five o'clock.

Will be pr.:rimed a new Domestic Drama, entitled THE EMI-
GRE'S DAMIT. Principal characters by McsArs. Hughes, Boyce,
0. Smith, Wright, Cadent ; _diss Woorgar, and Miss K. Fitz-

After which a new Terpsicorlan Burlesque Entitled EAMERALDA.
Characters by Messsrs. 0. Smith, Wright, I'. Bedford ; Madame
Celeste. Miss Wocil,,ar, and Miss K. Fitzwilliam.
To conch: de with a new and original Farce, in the
Vulgar ":onitic. to be called JACK IN TUE GREEN ; or, Hints on
Etiquette.

ASTLEY'S ROBAL AMPHITHEATRE.
Proprietor and Mansuer, Mr. W. Batty.
The hest ventilated Theatre in London.
Crowded Houses to wi,,ness the•attractive and magnifb..ent SoeCtaele
of Mazegps, which, with brilliant novelties in the Wonders of the
Arena, for= the most varied and attractive Entertainments in the
Metropolis

TIIfS VENIN(f, •
Will he produced Lord Byron's gor4toaa Spectacle of ISIAZEPP.A.
iva.l the WIL1) 11011.S11, Maseppi, 31r.,5, T. Hicks.
To be suc,,tefled by en inimitable, Display of Batty's Feats of
Equitation in the Ci'rgae Olymplque.
To conclude with &Comic Batet. '

tinder the Patronage of her Most, Gracious Majesty, his Royal
Highness Prince Albert, Bcc. &c.
ROYAL SURREY 100 LOGICAL 'GARDENS.
OPEN every MONDAY, TUESDAY, WEDNESDAY, and
TifialtsDAy.
Re-Rngagement of M. JULLIEN.
• Another splendid Elephant.
Promenade Concert, conducted by M. Juinen and Mr-Godfrey—Se-
lect Prneramme of • Ancient and. Modern Music—Jullien's Nepatil.
ese Quadrille,.
The new Irish Quadrille, the " composed by M. Jullien,
0 The Derby-DayGalop," composed expressly ,for these Gardens, is
one of the most .succesgful of Monsieur Jrillien's compositions, and
in conseedence of the 'nightly encore, will be repeated till further
notice. - -
The Grand Uhprka March, perfbrmed for the first time before the
Nepanlese Ambassador.
Prodigious Success of the entirely new-modelled Dioramie Pic-
ture representing the PASSAGE •ef the ALPS by Napoleon and his
Army ! the largest. Picture in the World. I. with innumerable moving
Figures the size of life. Modelled, painted, and produced by Mr.
Denson and Son, assisted by Messrs. Adams, Wilson, Ste. &c. The
Pietnre has oecupierttlie Messrs: Damen for many months, and. it is
ceslidently.suhmitted to the Public as a chef-d'reuvre of art, and not
inferior tn any production of the day. .
The'Spfenilid MEZCaGERIE has aately been enriched by several
valuable Presents from the' Queen,
The liftialeal Department will' be conducted by Mona. Julllen and
Mr. Godfrey. . It will be the aim of the Establishment to offer
for the gratification of the Subscribers. and the Public, the,
most Splendid ry Band in the Kingdom ! ! Selected
from the Bandi of he? Majesty's Horse and Foot Guards, and the
most eminent Artistes in the profession.
The following list of engagements will, it is hoped, convince the.
Public, that the long-acknowledged excellence of the Band of this
Establishment will be fully maintained ! The Repertoire of Music
will be most extensive and varied, arrnnged from the most Popular
Operas in this and other countries. Solo-Players--Messrs. Koenig,
Lazarus, Prosperre. Colinet, l'ratten, Jarrett, Sonnenberg, Sommers,
and Winterbotham.
During the evening a. grand Calomel, Scenic, and Pyrotechnic
Tableau illestretingthe celevated Picture by David, of Buonaparte
Crossing the Alps I Showing a general view of the Region of the
Alps,' stretching from the small mountain lake in the foreground te
the distant enriw-elad mountains, crowned by the stupendous Mount
St.. Bernard and its Par-fault,l Monastery. A portion of the French
Army is first seen " en bivouac," presently the drums beat to arms,
and amid the clash of M' itery Bands and Martial Music, the Troops
commence the Ascent. The Soldiers arc seen dragging the Artillery in
Trunks of Trees, now ascending almost Perpendicular Heights, and
traversing the most Terriffe,Rayines, but all difficulties are overcome,
and the Gallant Army is seen pursuing its course to the Fertile
plains of Italy.
The whole to conclude with a Gorgeous Display of Fireworks, by
Messrs. Southby, introducing, amongst various novelties, the most
admired feux d'artiflce of. foraler seasons, jets d'eau, water rockets,
revolving pieces, a magnificent Transparency fifty feet in height,
painted by Messrs. Denson, representing Buonaparte on Horteback
cheering on his Troops, surrounded by 'warlike emblems, insignia of
honor. aaars', trophies, &0., amidst acerruscation of various coloured
lait# . •

licated and difficult machinery, and the erection of the
the directiqn of Mr. 'flog Lowe. The extenefve gas
6-- Bptcperqy . tuld pixon, 23, Bing-street, Covent-
.