Star.
London, England, 1821-02-22 00:00:00

4/111P4840, FEBRUARY 22, 1821:

and that the witness Should draw it, and it waithen
agreed that he should write a !mkr to the testator,
saying he was going to Hanwell, about a mile from
Brentford, where the testator lived, and would call
on him for the purpose. The testator sent him a
verbal message to come ; he accordingly went, ac-
companied by his son, and saw the testator lying•on
a couch and very weak. The testator asked him
whether he had brought three witnesse-? and on
being answered that he had only brought one, with
himself, testator sent for another. Testator then said
he wished to leave £BOO to his servant, Mary Hughes,
and £lOO a-year to his brother, to be paid by short
instalments. Testator did not seem inclined to give
any further instructions. Witness asked who he would
have for executors ? he said,' Mr. Muchett only. Wit-.
ness asked, would he have theremainder of the pro-
perty go as if he had Made no will ? To which he
answered, Yes. The witness then drew the will ac-
cording to the instruction, and read it to the testator,
who appeared to understand and approve of it. The
will was then duly executed.

On his cross•examination, he said he bad not be-
fore been the testator's attorney, and had some tea
son to believe that he'llad before made a will ; he
thought the testator in a dying-state ; he was lethar-
gic and in pain. Witness could not say that he fully
comprehended the effect of the will he executed.
He had not given any instructions about the clause
for retoking all former wills.
Several ns who had conversed with the te•ta-
ler about trersdtime of his executing the will, gave
evidence as to his soundness of mind, and capacity
to execute the instrument in question, which closed
the plaintiff's case.

Mr. Serjeant VAUGHAN, for the defendant, con-
tended that it was impossible that the testator could
have intended to set aside * will which had been
drawn for him by his confidential Attorney, Mr. Rich,
the only person in the world to whom he had con-
fided the secret of the defendant, whom he called in
that will his adopted son, being his own child ; and
in which will he had left him his whole fortune, with
the exception of a life annuity to his brother of £lOO.
And that he should leave that brother, whorp he de-
scribed as a profligate, and not fit to be entrusted
with the unrestrained receipt of £lOO a-year, a free-
hold property of £350 a-year, and one-fourth share of
£60,000, which would be to.the effect of leaving the
property indisposed of by the List writing to be dis-
posed of as if he had made no will. Nothing, the'
Learned Serjeant contended, could be more den from
the whole of the testator's conduct, than that he only
intended the last writing as a codicil to the former
will, and that, from has feeble state, he had not at-
tended to the revoking clause, respecting which he
bad not given any instructions.
The former will, made in 1807, two years after the
defendant was born, was put in and proved.
The defendant's mother proved the great weakness
of the testator at the time of his executing the last
will • his constant affection for the defendant, whom
be often said to her should be a Gentleman; his hav-
ing brought the defendant from the witness's aunt,
at a distance in the country, to live with her father
and mother, near his own residence in the country;
his having been at the house about the time of
making the last will, and treating. him with the
greatest affection, but still keeping it a secret that
the child was his own.

Several of the List witness's relatives corroborated
ber testimony.
Serjeant LENs spoke to evidence, contending, that
if a will duly executed by a person of sound mind, as
the testator was, could be set aside, it would be
new to the law, and would shake the security that
every man should have of the disposal of his property
being carried into effect.

The emu JUIITICZ recapitulated the evidence to
the Jury, who had, his Lordship said, a most momen-
tous question to decide. The magnitude of the pro-
perty made it highly important to the parties, and
it was still more so to the Public, that the last act of
a man's life, which he could not himself be called on
to explain, should be carried into effect in the manner
he intended. It appeared by the evidence, diat but
for the well-meant interference of the testator's
friends to provide for an old servant, he would have
died, leaving a will made many years before, by
which he gave the whole of his fortune, except a
trifling annuity to his brother, to his son, the de-
fendant; and the Jury were now to consider, whe-
ther, by making the last will, he intended to strip
that child and leave him a beggar ? He had given
him life, and was bound by every moral and reli-
gious obligation to provide for him ; he was bone of
his bone, and blood of his blood, and it was clearly
proved that for many years, and down to a very short
time before his death, he had intended to leave him
the inheritance of his fortune. U, however, the Jury
believed that when he made the last will, he intended,
according to the declaration contained in it, to re-
voke the former will; however they might deplore'
such conduct- .however unreasonable or unaccount-
able it might appear to theni-.-however capricious or
unjust they might deeni it, still it would be their
duty to give it effect by their verdict.
The Jury, aftcr an hour's deliberation, found a ver-
dict for the defendant, finding that the last writing
was only a codicil of the former will.

The Duke of RICHMOND met with a serious
dent a few days since, :Willis seat, Malcolm, Sussex,
in colisequrnte of a fall from his horse. His Grace
riot feeling much hurt at the time, did not pay any
attention to himself, until last Saturday be was seized
with a violent vomiting of blood. Medical assistance
was procured, who pronounced that be had burs a
blood-vessel. A messenger was sent off immediately
to town with the melancholy news to his mother,
the Dowager Duchess. Qn Monday he was h
better, but yesterday intelligence was receivedt
that
,bieGrace was worse. -

PAItLIAMENTARi PROCBED:i46I:

. OF LORDS, FEBRUARY It.
Mr. BROCOrt hiought up the Longitude ERMow du Com-
mons, announcing the coaeurrence of that Moue is Se amend-
menu made in it by their Lordships.
The Farl of TUA NET presented a Petition from Kendal.
'in Westmoreland, praying For the restoration of the Owen to
ail her rights.
Me Malt,Dnty Bill, and dis Post Trawler Bill, went through
a Committee, and were ordered to be repoited.
Lord REDISDA LE presented it Petition front Montreal.
in Canada, praying their Lordships to take the state of the trade
with this country into eonsideradon: His Lordship she pre-
sented reddens from the Owners of Saw Mills in New Bruns-
wick end Nova Scotia, praying that no measures might be
adocd in the Timber Trade, hostile to their Diterests.
Earl of BLESS! NTON moved for a Ream of the
Dudes ea Malt and Spirits In behind; and also for a Coy of
the Order lent to the Out-ports relative to the Dudes bnposed
upon Spirits imported from Ireland—Ordered.
COMMAR AND AGRICULTURE OF THE
COUNTRY.
The Marquis of LANSDOWN rose to make his
promised llDOtiOil for the appointment of a Commit-
tee ifs consider the state of our Foreign Trade. It
wet not his intention to carry their Lordships through
all the circumstances connected with this subject ;
but still it would be proper to advert to the several
Petitions that had been laid on their table, praying
for an alteration in our Foreign Trade. He felt him-
self called on to pursue this course, because no other
duty at this moment devolved on . their Lordships
inn that of appointing the Committee he proposed
to move for; because, if such Committee could throw
any new light on the subject, a great and important
object would thereby be gained. He should, how-
ever, endeavour briefly to point out to their Lord-
ships what he conceived to be the nature and causes
of the distress which prevailed throughout the coun-
try at this time. For a long period of years a large
portion of the capital of the country had been drawn
away from the subjects, and made to form a part of
its annual expenditure. The effect of this was, to
cause a great demand for goods of various kinds on
the part of Government ; but, at the same time, there
was a collateral demand made by those who lived on I
the expenditure. In consequence of all this a very
great demand for the supply of manufactures was
created in the country. That capital was afterwards '
extended without. any fixed standard ; so that a pe-,
riod must at last have arrived when the expendi-
ture of capital must cease. Nothing, however, could i
sustain it but a permarent taxation, and the super-
ebundant supply which taxation necessarily called for.
Unless this statement was contradicted, he could I
hardly conceive it was necessary to look further for
the causes of public distress; and it was a delusion to
suppose that any relief could be afforded to thecountry
except by the removal of the causes of distress. He
should now come to that part of the public distress
which fell more heavily than any other on the coun-
try—he meant that which affected its Agriculture.
Whether this distress was occasioned by an increased
supply, as the Noble Earl had asserted on a former
occasion, or by a diminution of consumption, as he
himself had maintained, was not the question for their
Lordships' consideration at present. But one thing
was certain, that the distress could not be removed
by any new restrictive laws on the importation cif
corn; for it was impossible that any laws for regu-
lating this trade could afford relief. He should,
therefore, mislead the House, and the Public, if he
held out any expectation that relief could be afforded
by any measures short of those which he was about
to recommend. Some remedy might certainly be
found in the gradual progress of economy and re-
trenchment; tint the most prompt remedy that could I
be adopted would be to bring about a free and more
equal distribution of trade; and, without that, an
abundance .of capital and product would be an evil
instead of a benefit. The object of their Lordships '
then should be to give a greater scope to that free
distribution. It must be their object to adopt such
measures as should enable great masses and smaller
portions of capital to pass into a state of activity.—
The great mass of taxation, which operated as a re-
straint on trade, might at the same time be reduced
by a diminution of expenditure. A mistaken policy,
on the part of our Government, bad long ago led to
impolitic restrictions on Commerce, winch caused it
to flow into channels that were at once unnatural
and injurious to our interests. It was to this view of
the subject he wished to direct. the attention of their
Lordships. If he were to judge from what had been
stated in that House last year, and the impression on
the House at the time, the difficulty in this respect
arose chiefly front a want of the means of providing
for the application of the general principles on which
pur Commerce should be founded ; fOr from the mo-
ment they an ived at a particular application, a new
species of facility.would exist. Indeed, it was not
likely that any old exploded practices in Commerce
would now be revived. It was not to the particular
minor interests of traders, but, to the general interests
of the unfortunate consumers, which had been too
Ineglected, that the House was bound to attend
eir consideration of the state of our Commerce.
k was upon these grounds he submitted the proposi-
tion for reviving the Committee of last year. His
Lordship then concluded with moving to that effect.
Lord ELLENBOROUGII regretted that he was
I obliged to differ with the Noble Marquis in some of
the statements which he had made. He conceived
that it would be very difficult to effect any of those
reductions in our establishments which the Noble
Marquis had recommended. It was not by such
impracticable measures, but by causing alterations
in the distribution of our branches of trade, that
relief could be afforded to agriculture. In the timber
trade, for instance, there were great inequalities
which ought to be removed, as would appear from
the Report of the Committee of last year. The duties
on the rough material were; in some cases, greater
than on the timber when iminned• in a manufac-
tured state; and there were similar inequalities in
, the duties on the timber brought from different coun-
tries to diffeseut parts of the kin;dom. On deals

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brought from Norwaythere was a higher dntYthati
on deals brought. from Russia, and-On these the
du:ics were greater in Engiand. than in Ireland. He
h )peJ, therefore, that upon an investigation into the
state of the internal taxes, their Loldskips would
consider the propriety of making such salutary altera-
tions as would afford Mid to the Manuficttires of
the country.,
The motion was theri agreed to; and tile Coinniittee
appointed; among the names were those of the Mar
qui: of LANADOWN,Eati Gakir, Lord EtLENBOROVGA,
Err' of LIVARPOOL, Duke of Wit.t.ircoiott, Earl of
WLNCHILSCA, EarrGAOSIIRMO6, Lord Ktsto, ice. Scc:
The Earl of LIVERPOOL now rose to move fur.
those accoants to which he had alluiled do a former
day. It was not his intention to met. into Any detail
respecting the internal sate of the country ;* but with*
respect to the, Agricultural branch of its trade, hi
was anxious iliac the House should hive .before it
the Means of. forming as correct a lodgment as poi:
Bible as to the causes of the distress which prevaileit
in that brineh. This could only be done by having
certain facts laid before their Lordshiys. It was his
day, therefore, to direct their attention- to those
pints which embraced all the information that could
be had on the subject ; and if, after the papers he in-
tended to move for; were laid before the llotise,fur-

ther information was required, he Should be ready to
give it. He admitted that there was a great diffi-
culty in ascertaining the real cause of the distresses
of the Agricultural Interests. On the first day of the
Session he had stated, and he still teas of opinion,
that they arose in a great measure from an excess of
production; but the Noble Marquis, entertaining a
different opinion, stated that they rose more from a
diminished consumption. Now, he (Lord Liverpool)
had since then endeavoured to procure the best ia•
formation that could be obtained respecting the state
of general consumption throughout the country. On
one great point there were no means of gaining cor-
rect information ; that was the consumption of bread
—because, although there were returns of corn im-
ported, there could be none with regard to the quan-
tity of bread consumed. But with regard to all ar-
ticles of consumption out of which the Revenue was
produced, there was the most accurate information.
These came under the returns of the Excise; and
upon these he should shew that the duties had, during
the last three years, been accumulating.. Therefore,
if it appeared that there had been an increased con-

sumption in those articles of common use and neces-
sity, on which duties were paid, it was-fair to con-
clude that there was a proportionate increa,e in the
consumption of other articles which paid no Excise
duties. The information was subject to one qualifi-
cation—that of an increase of importation by means
of smuggling, of tha amount of which no precise
knowledge conld be obtained. But if any acccunt
could be taken of contraband articles, the conclu-
sion must be, that they caused an increased con-
sumption. He was, therefore, anxious to have
laid before the House such statements as should

shew the increa.e during the last year in all arti-
cles that paid Excise duties; together with set e-
ral others coming under the head of Customs.—
The first article then to whiCh he would direct the

attention,of the House was that of Strong Beer. The
average number of barrels on which duties were paid
in the three years, 1818, 1819. and 1820, was
5,356,000. In the last sear the number was 5,590,0e0
barrels, making an increase of 213.000. 01 Table
Beer, the average number of barrels in the three

years was 1,447,000; in the last year 1,519,465,
making an increase of 72,000. The next article was
that of Candles. The average of the three yeas
was 79,810,409 cwt. Last year the amount was
83,356,000, making an increase of above three
millions. Coffee, for the three years, averaged
7,569,000; last year there was a diminution in this
article to the amount of 55,000 cwt. Hides and
Skins, average of the 3 years, 46,219,0(0 cwt. lest
year, 44,702,000, making a diminution of 1.517,000.
Malt, average for the three years, 23,289,0)0 quar-
ters ; last year, 24,511,000, making an increase of
1,222,000. Salt, and Rock Salt, for internal con-
sumption, average of three years, 1,936,090 cwt. last
year, 1,981,000, making an increase of 45,000. Rock
Salt, fer exportation, average of the three years,
861,000 cwt. last year, 1,199,000. Snap, average
for the 3 years; 69,174,000 cwt. last year, 76,765,0(0,
making au increase of 4,291,000. Soft Soap, the
average of the three years, 4,569,000; last year,
5,187,000, making an increase of 618,000. British
Spirits, average of the 3 years, 5,047,03 gal s. last
year, 6,575,000, leaking ad increase of 1,525,000.
Rum, average of the three years, 2,790,000 gallons ;
last year, 2,757,000, Making a decrease of 93,000.
Brandy, average of the three years, 866,000 gallons;
last year, 1,143,000, making an increase of 277,C00.
Tea, average of the three years, 22,186,000 cwt.
la't year, 22,542,000; increase, 356,000. Tobacco,
average of the three years, 11,847,000 cwt. last year,
11,680,000. On this article there was a decrease;
and there was also one on Snuff, to the amount of
167,000. On all Foreign Wines there was a diminu-
tion this year. The average of Fr ench Wines, for the
three years, was 977,000 gallons; last year 916,G00;
diminution, 61,000. Wines not lirolight from France,
average of three years, 18,446,000 gallons; last year,
16,300,000; diminution, 2,146,000. On Cape Wine
there was a diminution of 2,146,000 gallons. Sugar,
consumed in England alone, average of the 3 years,
3,117,000 t wt. last year, 9,413,000; Increase, 296,000.
From all these statements it would appear, that, with
the exception of Wine and some few other articles, so
far from ant-diminution having taken place, there
was a considerable increase; and after this, he would
ask their Lordships what ground was there for sup-
posing that there was a diminution in the consamp-.
tion of bread, which constituted tits food of the great
mass of the people? Therefore, be still persisted in
maintaining, that the Agricultural distresses did nok
arise from a decrease of consumption, but from an
increase of production. He knew very well that dis-
tress existed in many parts of the country; and he