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

(-Z#,

~/~ ;its

'~ ~ .. _.~,._1.
~.

[PRICE SD.

though that Learned Gentleman hal them so long in
possession, he made no reference to thew. This
was considered a strong argutneet against his
irsanity. 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's practices, her unfortunate habits appeared to be
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 not
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 hie estates. It was said that it was idle to
pretend now that he was insane from 1815 to his death.
His family were living in his immediate neighbourhood.
Why, then, not sue out a commission of lunacy against
him? This was a strong proof that this pretence of hia
insanity was totally unfounded. But the tact of his
eldest brother and heir-atelaw confirming the will, std-
rnittine 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
persons who were present at the last scenes of this gentle-
man's life, ten by theireaths and acts ratified this will. What
motive had all these people for entering into this conspi-
racy? Mr. Blair wse at the time of this alleged crime, it was
admitted by the Solicitor-General, one of:the nioi•t emi-
nent and respectable solicitors iu the county. He had
through a long series of years enjoyed the confidence of
Mr. Bainbrigge, and would he sacrifice reputation, posi-
tion, aed all that was dearest for the sake of having an
exclusive right of sporting, instead of a share with two
others? What did Allen and Rawlins gain by their
machinations? 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 had locked up a
gate against the testator; and young Arnold, the hus-
band of his daughter, 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 the
funeral. Not a letter of it had been altered since it was
signed. It was seen before the funeral by Mr. Rush-
ton, solicitor of Uttoxeter, who was then an articled
clerk to Mr. Blair, and he would prove that it was
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 be was not able to swear that the
copy which was now handed to him was one of those two
which ho bad 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 ho saw at the funeral. Wm. Arnold himself
swore that during his father's life the old man 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.
lie (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 drink, 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 be 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. Ho 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 he was for a few moments puzzled for an answer,
saying he did not know exactly, but 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 amens of subsistence but what my son al-
lows 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 his
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 duo 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 Re e, John Allan, end Mr. Alsop, and the will was
attested by Dr. Fox, John Allen, and Mrs. Rawlins.
Adam Roe was examined for the plaintiff. Allen and
Alsop considered testator of 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 sougl.t to
he impeached on the ground that at the time he made
this deposition ha *vs. considerably indebted to
Mr. Blair, but said he had given him securities and was
bankrupt, and was actoally living, at the limo of his ex-
aminetion, in one of the mansions selected by Mr. Blair
wider the will. Dr. Fox was dead, and had not been ex-
Mrs, A.lic..lleer'ins. the wi'e of' "IrrPnois.
I'll', severe thee eee isee; „eats eer oti the Thar, I ••,:, t o
Wf'bt; IT t'lf, testifier; e
that sea spit
e,,te..!'oes rota e, to her snit other*.
Asked her whether she could write. Se :Aid not well;
and when he signed the will, said, " This is my last will
and testament.'' He also signed his initials. In cross-
exemination her credit was impeached, on the ground
that she and her husband had iefc the farm of 90 acres
they had held, the agent behaved shabbily, and went
to live at Leamington, and afterwards in Derbyshire;
and r.bout five years ago were brought back by the de-
fendant, and allowed a cottage land seven acres of land
and the grass of the cows, without an agreement as to
rent till last year, when it was settled at 20 guineas, and
also were allowed to draw a few small sums of money
occasionally from him, and had not settled the ac-
count. Mr. Thomas salt, a surgeon at loge-
ley, 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. Ilawthi rn
in 1818, and that a lIIUNSII.'n creme from Mr. Hawthorn
on Tuesday, the 16th of June, to go to see Mr. Rein-
brigge; that Mr. Hawthorn being at Birmingham, and
the message pressing, he 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 illness and the symptom.. He
saw him no more, as Mr. Hawthorn came home that
night about to elvr, and went at (nee to see him. He
believed ho was the first medical man who saw him. He
made an entry of his visit in Dr. line thorn's hook.
John Mellor, a farmer, proved that on the night of the
leth June he was sent for to the testator and saw him in
bed. lie said he was very ill, very ill indeed, amid asked
him if he would go to Derby for Dr. Fox; he was to start
et twelve, and desired by the testator to lie down till
that hour in the room next to him, and be would call
him in time. He did so, and gave him a note to Dr.
Fox, arid desired him to ride his pony, and if Dr. Fox
were not at home to come through Uttoxeter and bring
Dr. Haw thorn. This man's story, Lord Campbell, in
slimming up, said was very probable, and the only
mode of accounting for Dr. Fox's presence at the
scene. The trustee, Hawthorne, was dead. Mr. Blair,
an attorney, practising at Uttoxeter for 53 years,
knew testator since 1798. Employed him that year, after
his father's death, to bar the entail. Was his confidential
solicitor in• 1808. Prepared the will of 1808. Had not
then seen the will of 1803. Became very intimate with
him. He was generally shabby in dress, but not very
outrageous. At dinner parties be was dressed like a
gentleman. He 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 6,0001.
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 be ordered " male" to be struck out. After
it had been altered ho 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 trustees were sportsmen, and I determined to
ask Mr. B. what his wishes were OH the subject, and he
gave me directions pursuant to .my wishes, when I took
the will to him on the Thursday morning. His instruc-
tions we'e that I should have the exclusive right of
shooting over his estates during the minority of any
tenant for life or entail, and the use of any of his houses,
except Woodseat, 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 filled up the blank at the bottom of the second page.
that clause, and he executed it. Mr. Fox,
I explained the heads of the will to him, and read over
Mrs. Raw-
lins. and John Allen were present. Mr. Bainbridge
understood it as well a, I did. In reading over the
parcels to be sold, hr. directed this addition—" And nay
(-state in the county of Derby." Those words were
interlined, and he initialed them. He did not direct
other alterations.
He knew the form of legal docu-
n,anlused to draw them-leases and agreements
(produces some). He used to sign
Bamini,e,ge," but he signed the will
hisie with
citasn hlies tenantsrho.
"'Thomas Bainbrigge," in full, at my suggestion, as all
the interli,o•ations were marked with hie initials ouly. I
said to him, "You need only put your initials to the
interlineations,.and sign your name iu full at the end."
It was executed at about ten A.M., or a little after. Ho
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 and legacy •
duty. I went home, got it prepared, and came back