Star.
London, England, 1822-06-07 00:00:00

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SONG.

rum THZ NZW MONTHLY HAGAZINI.

When Napoleon was flying '
•
From the field of Waterloo,
A British soldier, dying,
To his brother bid adieu! ,
And take, he said, this token
To the maid that owns my faith,
With the words that I have spoken
412 affection's latest breath !
Sore mourn'd the brother's heart.
When the youth beidde him fell ;
But the'trumpet warn'd to part,
And they took a sad farewell!
There was many a friend to lose birth
For that gallant soldier sigh'd,
But the maiden of his bosom
Wept when all their tears were dried ! T. C.
LAW INTELLIGENCE.

COURT OF KING'S BENCH, JUNE 6.
TRUWHITT, GENT. V. KENT.
This was an action to recover the sum of £ll. 18s.
the amount of the plaintiff's charges as the attorney
for the defendant, in a suit commenced in her name
against a person named Hitchinson.
Mr. Aootenus having opined the case, called Jo-
seph Walmsley, a Sheriff's officer, who stated, that
having a writ against the defendant, he went to call
on her, when, in conversation, she mentioned her
claim on Hitchinson, which she said the plaintiff
would prosecute on her behalf, and would not call on
her to pay her anything till the case was decided.—
The witness denied ever having said that she was at
all events to pay nothing. It appeared that she sub-
sequently took on herself to compromise the suit
without consulting her attorney, so that it never came
on for trial.
Mr. COMNION SenJeastr,.after commenting on thel
channel through which the business came into the
hands of the plaintiff, stated that he should be able
to shew that it was distinctly stated by Walmsley, that
Miss Kent should pay no costs, and called three wit-
nesses, who deposed that he made this promise.
Mr. ADOLPHUS, in reply, said that he might have
objected to the evidencefor the defence on the ground
that Valmsley's declarations would not bind the
plaintiff without the previous establishment of a con-
nexion between them, of which there was no proof;
but that be had suffered it to be given, as he was more
anxious to vindicate the character of a most honour-
able practitioner of the law, than to gain a verdict.
He put it to the Jury to say, whether they believed
these witnesses, all swearing in precisely the same
terms for the purposes of the cause ?
The LORD CHIEF JUSTICE observed to the Jury,
that if they believed Walmsley, the plaintiff was en-
titled to his full demand; and if they, on the other
hand, believed the witnesses for the defendant, they
would still bear in mind that she, by compromising the
suit without his authority, deprived him of that op-
portunity of recovering costs froth the adverse party,
which could be his only motive for desiring to pro-
ceed, it he was not entitled to expect any payment
from his client. If, therefore, they thought that the
business had been undertaken on an engagement that
the defendant should incur no liability for costs, they
might still give the plaintiff some reasonable com-
pensation for his exertions. The Jury, however, found
a verdict for the defendant.
DOE,,ON TILE DEMISE OF JOSEPH PALMER, V. ROBERT
LOVELL GWATKIN AND THEOPIIILA GWATKIN.
This was an action of ejectment brought by the
heir at law of the late Marchioness of Thomond, to
recover possession of a house situate in George-street,
Westminster, which the defendants claimed un2er the
will of the Marchioness.
Mr. MARRYATT was about to address the Jury for
the lessor of the plaintiff, when
Mr. SCARLETT rose, and said that he would admit
the prima facie title of the lessor of the plaintiff, and
would at once open the case, by which he should
render it of no avail. The simple question. for the
Jury to try was, whether a paper, purporting to de-
vise the house in question to the defendants, had been
duly executed by the Marchioness of Thomond as her
last will ? Her Ladyship, at the time when she be-
gan to make her will, resided at Taplow Court ; but
having given up her house there to a friend, she came
to,London, where, in the year 1816, she began to
contemplate the final settlement of her affairs. She
was desirous of consulting the Bishop of Winchester
and his Lady on the subject, and requested them to
witness the execution of her will. The Bishop, un-
derstanding freehold property was to pass, informed
her that three witnesses would be necessary, and ac-
cordingly Mr. Smith was sent for ; and she then, in
the presence of all the wit:resses, signed the last of
several sheets lying together,' or retraced the letters
of her signature, and declared the whole to be her
will. The other sheets were not fixed together at the.
time ; but they would be found to have reference to
each other, and by the last memorandum, to which
her final signature was immediately subscribed, she
stated, that since writing the previous papers 1.7000
of her money had been I emitted from Madras, £iooo
of which she bequeathed to John Gwatkin, and the
. rest she directed should be-applied to the uses of her
will, which proved that it was not the last sheet only
that she intended to publish, because in that sheet
there were no uses specified to which money could
be applied. The question was, whether she intended
tp execute all the papers as one will, or only the last
of them ; for a person might begin his will at any
period of his life, and continue it on until he felt the
propriety of finally executing the whole, which he
Might then publish as his testament? Other sheets
were signed by her, but not attested ; and therefore,
unless her last act amounted to a republication of,the
whole, the defendants derived no title from the will;
but lie had little doubt that the Jury would arrive at'
the contrary conclusion.
• It was proved that the papers produced in Court
as the will of the Marchioness of Thomond, had been
sent by her to her Attorney, Mr. Mortimer, and had
been kept by him until opened after her death, in the
presence of her relatives. They were paged through-
out, apparently in the writing of her Ladyship ; but
were not fixed together until after her decease.
Mrs. Tomlin, the Lady of the Bishop of Winches-
ter, who, with the Bishop, sat on the Bench at the