Star.
London, England, 1829-02-02 00:00:00

• - liittrauts 31.
... •

.

. .
• Ilte body of Berke, the murderer, was removed
diving Wednesday night to Dr: Munto's class-room,
where it was neat day exposed, and in pan dissected.
The anxiety to obtain a sight of the vile carcase of
Burke was exceedingly great, particularly after the
dismissal of Dr..Munro't class; and the Doctor, in
the most obliging manners accommodated every one
to the utmost extent the apartments would admit
of. About half past two o'clock, however, a body
Of Young then, consisting chiefly of students, assembled
in the area, and becoming clamorous for admission ea
mane, which of course was quite impracticable, it was
found necessary to send for a body of police to pre-
serer order: But this• proceeding had quite an opposite.
effect from that intended. Indignant at the opposition
they met with, conceiving themselves to have a prefer-
ahle title to admission, and exasperated at the display
of 'force, the young mac made several Attempts, in which
they had nearly. succeeded, to OirerpOaret the police,
and bloke a good deal of glass in the windows on
either side of the entrance to the atoatOMlCal Theatre.
The Police were in fact compelled to use their batons,
and several har.l blows were exchanged on both sides.
The Lord Provost was ptesont- for some time, but was
slid to rat re with whole bones, aallidst the senseless
- hooting: of the obstreperonayouth,•`who lavished op-
prcibt ions epithets on the Magistrates, particularly on
Bailie :Small, the College Bailie. This disturbance
• listed from half past two to nearly four o'clock, when
,an end-mas at once' put to it by the good sense of
• '.rt.Ofessor Christison, who announced,to the yeung men
tbat.he bad arranged for their 'adibissios is patties of
. - .boat fifty at a time, giving his owe 'personal guar-
• ranter for their good co:rduct. This Was received with
loud cheers, and introediattly the riotous disposition
they had.previously manifested, disappeareJ. An ordet
was given to admit the public generally to 'view the
body of Butte, and of course (*any thousand *wailed
themselves of theoppOttunity thus afforded them.
A eortespondent, who had the curiosity to count the
number of individuals passing into Dr. Monro's
room, at various periods of yesterday, found them to
amount
.to 68 per minute, or 4080. per hour. Assuming,
• what we really believe was the case, that this estimate
would very little-during the whole six boors in which
the doors were open, the total number who saw the
body of the murderer must have been upwards of
. twenty-four thousand.

,~

•
111''4

01SEDWATIONS -OW THE HEAD OE (061• IHREE. FROM
THE FEW 0.1 A 01111NOUISHED PHIEHOODISIN
Public attention has been so strongly attracted by the
atrocious,crinees of Burke, that the other incidents of
his life, and his general character as a men, are liable
to be altogether overlooked. In viewing MS .:character.
' hnevivei, with a philosophic eye,the whole mental qua-
lities manifested by him in the different situations in
which he was placed, must be taken into account.
Burke was'horn in the parish of OfreY,.county, o•
• Tyrone, in Ireland, in the spring of 1192. When a'
• Khoo), be was distinguished as an apt scholar—a
. cleanly, active, good looking boy; and though hi* pa
-rents were strict Catholics,, he was taken into the service.
Of' a- Presbyterian Clergyman, in whose house he tesided
for a, considerable time. He was recommended hY the
hliniiter to a Gentleman in Straban, in whose employ-
...,
mtnt he remained for several year..
lie subsequently tried the trade of a baker, at which
he continued only t'r five months. He thereafter be
came. a linen-weaver, but soon got disgusted with the
clei.e application that was essential to earns
ar tgrt poorly.paid, irksome emOloyment, and lie en-
listed in the Donegal militia. He was
.selected by. an
ctficer as his servant, and we are told that he -demeaned
hinsielf with fidelity and propriety. Whilain the army.
hentarried a worn .0 in &dilutor, in the coentrOf Mayo,
and idler seven years service. the reginseriVeras dis-
banded, and be sent home to his wife. He :portly
aftesWtds obtained the situation of groom and body-
servtent to a gentleman in that vicinity, with wheel%
remained three years.
He subeequeinly came to work at the Unios•Canil in
Scotland. and there formed an acnimintance with the
woman. bl•Dougal. who became remarkably lend of
him, deserted her parental roof for his society, and at.
tached herself to him, partaking of his various fortunes
during the last ten years'oChis life. It is mentioned that
Burke treated her si.h kindness, and acknowledged
her as his wife; and that she was pasvionatelyloOd of
hem in return.
Being reduced to much wretchedness and'porresty.
Burke and Nl•Dougal lodged for a few nights in Hate's
house. anclduring his stay aid ow lodger died, whose
b dy was told by Hare and bueke for dissection. At
this. leount his carerr of atrocnius vidainy commenced
The 'nice of the body being espende.!, But ke•deco)ael
a- woman,into Hate', den, and murdered her, and sold
herlfudy: He and Hare repeated sin itar teagedies.
.ivvelve or thirteen norms during the course of a prat, till
at, tiist, they were detected.

: N. 4 riiii can *acted the intense selfi.bness.- cold
Wooded ce uelt y. and cairn's' ins villains of. these trii•iit
a tt ins ; and if rhe organs of Selfishness and De-ta4sssl
soreness he not hand on Burke, it would be its arimillei
luus as if no organ. weir found for the be!ter qoaliikpi
ishich hr had p evi. u.ly displayed. ... :. ,:;;
Ptisenologyis the Olt* b coence of mind which ergo.
to ns elements and principles capable of accounting frir
such a char..cter as that brfote us; and it does so ift a
st icing manner. We have seen a Intresureasenot and de-
vs./opulent of the 'head rf Butke, taken by an @Spa ,
:teller,/ phrenblogi.t from the living head; also,* ear 'i
succor ate cast of the head with the hair shaven,laktin. .
MS. Jo.• ph after the execution; and we have cony's*
with a medical Gentleman whO saw the brain dissector;
the he 44.1 was rather above than below the /piddle sise.;
The noddle lobe of. the birth:. in which al'eZtuate,tho
&gins of Deorurtiveness. Secretiveness, and Aequi'
shortness, *as very large; at Destrtictiveness, in par.
Ocular., the Anil presented a distinct swell, and the
bone was remarkably thin. The cerebellum, or organ
of Amativeness, was large, and Burke stated that.
in some respects, his Tuin was to be attributed to
rte Abuses of this propensity, because it had led him
into baits which terminated in his greatest crimes.—
The organs of Self esteem and Firmness were also largely
" deyeloped. It is mentioned in all the Phreanlogical
*colts, that Se.t.esteem and Acquisitiveness are ,the
Brand elements of Selfishness.. The anterior Woe. ea
Indt its Which the intellect is placed, although small hi
Mg hillwrial it the Inessurestent Winches: - •
i aressuileseaer of the head - ....f$ t' 1
Nam Alm occipital spine to lower Individuality ....... ..... 7.?
From the oar to lower Individuality .....•... .. a •' •
From ditto to 'be centre of Pitilo•sosenithrenees
From 'ditto to Femme"
From ditto to lienevolemem .....
From ditto to Veneration
Flea Destructiveness to Destructiveness SAM
Frain CaIIitIOUSDOSI to Cmtiouneas — ****** —"'
..••• ••••• 5.3
Prom Ideality. to Ideality • • .... ....• .• • • 4•11"
From Aapisitimmere to Acquisitiveness ...."........ ..,..a..64
Free reettivveitikarzle Sametireneet .... ••••••••••• so* 000000000 vas 5•7
.
thein to cembotivosees ai• ••••• •••• . •. 41.8 i

•
I rope' ICA to the middle lobe, was still fairly:love/ord. •
especiallyin loWer region. which connected with
perceptivethe faculties. In accordance wiebibis fact,
Burke displayed acuteness and readiness of understand
ing. He. could read and write with facility, and his
conversation was pertinent and ready. The upper pert
*of the forehead, connected with the reflecting organs.
was.deficient. The organ of Ideality; which gives re-
&team and elevation, was exceedingly small; that of
Wonder, which prompts to admiration, is also deficient;
and the organ of Wit is small.
Here we find.tbe organs,'Which, when abused, lead
to selfishness, cruelty, cunning, 'and determination, all
large; but we have still to account for the facultie;4
which enabled him to act•a better part in .early life.
Accordingly, Combativeness is considerably. inferior, .
to Destructiveness in size, and Cautiousness, is :large.
These acting in combination with great Firmness and
Sevetivenesi, would give him command of temper ;"
and, accordingly, it is mentioned that he was by COL
means of a quarrelsome disposition, but when once
roused into a passion, he became altogether unveils:-
able; deaf to reason, and utterly reckless, he raged
like a fury, and to tame him was no easy'tisk ;.tbat
is to say, when his large Destructiveness was
cited to such an extent, that it broke through the
restraints of his other faculties, his passion wail !lit
vated into perfect madness. Farther, looking It tne.
corneal, surface of the brain—the seat of the tiros l
totiments—we find it narrow in the anterior portian,
but tolerably well elevated ; that is to sly, the organ of
Benevolence. although
_not at all equal in sine tither`
organs of the animal propensities before mentioned, is
fairly developed. Veneration and Hope are also full.;
white Conscientiousness is, in Phrenological. lemur%
1. rather full," or, in common speech, not reasarkable
deficient. Lave of ApprobatiMs also is full. In these
faculties, we find the elements of the morality which he
manifested in the early part of his tile; and also an et,
planate a of the fact, remarked by all who saw him,
that he possessed a mildi.ess of aspect and suavity of
manner, which seemed in inexplicable contradiction
with his cold-blooded 'ferocity. If these had been no
kindness at all in Buike's nature, this explosion would
have been an effect without a cause.
The organ of Imitation is Well developed; and it is
mentioned in the phrenological works that Secretivene4
(which in him is likewise large), in combination with.
Imitation, produces the power of acting, or simula-
ti tn. his curious to observe that Burke possessed this
talent to a considerable-extent. • He stated that he was
fond of the theatre, and occasionally represented again
the acting which he had-seen. He also, and not Hale,
was the decoyer, who, by pretending kindness, fawning,
and flattery, or by acting the semblance of a friend,
inviegled the victims into the den. This quality also
enabled him to act a part in his interview with the va-
rious individuals who visited him in gaols- He showed
considerable tact in adapting himself to the person
who addressed him ; and from the same cause it was
sometimes difficult to discover when he was serious
and when only feigning. His great Self Esteem. Firm-
ness, Cautiousness, and Secretiveness, produced that
self-command, and unsh •Iten composure, which never
forsook hire during his trial and execution.
One tithe most striking tests of the degree in which
the moral sentiments are possessed by a criminal, is
the =prosier, which his c•imes makes upon his awn
conscseece when the deeds have been committed. In
John Bellingham, who murdered Mr. Pesceval, the or-
gan of Destructiveness is Tar large, while tint of Be-
lievolence is exceedingly deficient ; and Bellingham
ci uld never be brought to perceive the cruelty arid atro
c•ty of the murder. Burke; in whom Bei ev,lenee
better developed, stated, that so for along time after he
had, muscle ed his first victim. he found it impos-
sible to banish for a single hoar the recollection of the
fatal struggle—the screams of distress and despair—
agonizing gioans—astst.all AC realities of ti.e dreadful
deed. At night the blmisty. tragedy, accompanied by
frightful visions of supernatural beings, tormented him
in his &tams. 'For a Icing time he shuddered at the
thought of beii g alone in the dark, and during the night
he kept a ligl.t constantly burning by his bedside."—
Even to the last he could not entirely overcome the re-
pugnance of his moral nature to murder, Mit mentioned
that he found it necessary to deaden his sensibilities
with whisky, leaving, only so great a glimmering of
sense as to be conscious of what he was doing. He
positively asserted that he could not-have committed
murder when perfectly sober.
Burke was considerably muscular. and in the cast
with the hair shaven, taken after death, the Measure
inert of destructiveness is two-eighths of an inch larger
that the measurement taken during life, which must be
abated in the estimate of the organ.— Cokdorrian Met airy.

_. .

The Duchess of Ronal:mon. with her usual benevo.
levee, has tamed i distribution to beinade of coals to net tower
than 534 ror families in Kelso.
Mrs. WILLIoIa SnaDDIN has, with numerous private
charities, given the sum of 404 to enabk a weekly:distribstion et
meat and soup toke - rnade to the poor of Kelso. each person re-
Craving every Saturday an allowance equal to the conwouption Of
two days.
' Aoat.sul TUZATIM. Marnaw's personation t f
Nottsieur Mallet, in Moscone& entertaining and truly
. erigival Barletta of that name, is said to be one of the
most affecting specimens of acting ever exhibited on
English Stages '

. CORN- RXCHANGE, MARK-LANE, Faasuaer
Our supplies have not been large this week, but they were quite
adequate to tits demand. This morning kne Wheat was in fair re.
quest. and sold freely at the prices of last bleodaj. Making Barley
'was dull sale; the very best samples realizing only 38s. per quarter.
Beets and Feat of both deecriptions were brisk sale, at our last quo.
tattoos. The Oat Trade cootlnues dull ;* fine fresh Corn, however,
sold at the rims of last Monday. In other articles no akeraden.
Wbeat, Yeat it Suet. 805 $4. Peas, Prey Ms U.
. Suffolk. Ws tta Beans, Small Hs 38$
. Norfolk, 70a 74s . Tick 343 364
tre 34s 36a Oats, Potatoe 30e 53,
ley ted 3M Poland sus its
Malt 54a 681' Feed 24.17.

Bess, Wilke Us !Os .
Bullets 42s 45a
yeiostsesos
Wheat. Iragllah quitter. I,oli
Foreign 30,401
Irish Ditto
Barley, British
, Do. Foreign
trials
Malt, English
lEnglish Oats
Voteigo Ditto

1,545
2,1165

.

•,140

1•1111=11
• • $l6
zw
415

LAW INTELLIGENCE.

'COURT or- ZING'S B2NCU. Weignitertss, J•w Si.

Slides. in Bane*.
Lord TENTVIDIII did not take his seat in Court to-
day: Nis Lordship has been labouring under indispo-
sition the Whole of the week, and to-day was tan unwell
to be able to leave his house. Mr. Justice BAUM!
stated, that he had no doubt his Lordship would be able
to attend on Tuesday. Monday (this day) is a dies ;Roc
Captain Baillie was up in custody, and coma
mitted to the King's Bench Prison, under a writ de sz• -
eestaisaieato *spends.
IN Tilt MATTaIt 01 THOMAS anntLlT 201 ID, OINT..
Sir JAMS& SCSAILITT and Mr. CHITTY showed cause
Against a.-rule obtained by Mr. Campbell, for striking
nff the roll of atomics of the Court Thom is Berkeley
B..ind, who had been admitted an attorney in the year
1818. The grounds on which the rule had been ob-
tained went.—firsts that Mr. Bond bad not duly served
his articles of- clerkship pursuant to the 22d Geo. 11.
c. l• 4; and secondly, that he had been irregularly ad-
Silted, no certificate of service from his master having
been produced. The principal Affidavits on which the
r application was made were those of Mr. Thomas Win..
glue. an, attorney of Plymouth, and a Mr. Tinto*
Casten. The affidavit of Mr. Wingate stated that
Mr. Bond was in. the year 'lBll articl-d to hini for
live Years; that. at the end of the first iritieewmenths r f
'his service Bond left Plymouth., and wrist to Bath to
see his friends, and that ow his return; owing to his turn
4 Wind and general pursuits. his aturadance at the
pike became very irregular ; that be teased to hoard
with Mr.Wingate as he had formerly done: th it he was
frequently absent from Mr. Vs'ingate's service without
leave, and that tie eventually lett such service, without
having served his clerkship agreeably to the asticles.—
Mr. Wingate further stated, that on his (Bond'e)'appli-
cetionta be admitted an attorney, he (Wingate) did not
give any certificate of histaving served his clerkship,
or in anyway assistirm in getting admitted. Frcns the
affidavit af Mr. Cassen Sc appeared that that rerson had
A claim upon .Mr. Bond of upwards of 2001. and that
he had instituted proceedings against him in the Court
of Exchequer; that he had 'mewed him on process Irons
that Court. but had been defea'ed in his proceedings by
none. having sworn-that he was a cer ificated attorney.
The affidavit went oo to state, that Bond • had never
practised as an 'wormy, but had taken out his ceitifi-
case nierelr as a 'protection against arrests; that he
was well kno• n on the turf as a betting man; and that
be carried his certificate about with hint to the different
rim s, and when arrested for debt he produced it to the
rilLers. The Learned Counsel stated that the appli.
cation to strike Mr. Bond off the roll had been made at
the instance of Mr. Cissen. in consequence of Mr.
Bond having refused to accede to his terms . f settling
some pecuniary transacti,ws bet we n them. Mr. Cassen
bad s mutes. Mr. Bon I, claiming payment of a debt, with
interest end costs, and also some costs in Chancery,
which Mr. Bond denied that he. was entitled to; but
Mr. Casten had told him that 44 if he was wise " be
would settle immediately. He had, however, refused
t.• pay the costs, and therefore the present apvlication
bad been made against him. Mr. Bond had now made
an affidavit, in which he denied the statements in Mr.
Wingatr's affidavit, and swine that the reason fir his
not continui..g to board with Mr. Wingate on his re-
turn from Bath was, that Mr. Wingate bad given up
hoosekeeping, had left his w fe, and was cohabiting
with another women, with wh m he lived in lodgings.
He denied that his attendance at the 05ce wa, irregu.
,ar. or that Le was ever atheist 'tom his employment,
Witbolit the coolent of Wingate. who. lie stated, •as a
person of low and picfligate hahitti, and so treqrsently
in a state of intoxication, that he was dei . u. that
bond sh .uld attend to the out-door business of the'
office, he (Wingate) being unab.e to conduct ir. Mi.,
Bond also ;wow, that to the best of his remembrance
and belief he did not criit the service of Mr. Wingate,
until the expiration of his clerkship, and that prior to
his applying to be aditintea p.i ittoiney in the year
1818, he informed Mr. Wingate of his inienti in to ap•
ply, and that the latter then stated that he *fluid attend
at the Judge's chambers, in order to re .der him the twee*
sat y assistance; but finding after wards that lie • as unable
to come to London he wrote& letter to h a agent. in which
he requested that every thing necessary misht be done
in nrder to pioci.s.t Mr. B ad's admission. The affi-
davit of Mr. Bond then wen.' on to state, that Mr. Win.
..
ate s letter was [modem. d by the agent to Mt . Platt,
* clerk of the late Lord Ellenborough, who, on the
,undertaking of the *gent to produce a certificate in the
anal form, granted the pi for admission. Mr. Bond
*so stated that Wingate had never, UFA I the present
amnion, alleged that he had been guilty of any irre-
sealer or improper conduct during his clef kship, and
wever itated that there was any objection to his being
admitted and practising as an attotney ; but on the con•
wary, be had sometime since proposed to take him
sato partnership; and, as an inducement to accede to
the proposal, stated that be tWengate) had given, up
his foreher bad practices, andwas now living with his
wife.

Mr. CAMPBELL and Mr. CHILTON were. beard in
support Of the rule. •
Mr. JOrric BATLEY said, that when an application ht
this kii.d was made. the Conn would look at the !Marc!
Iran which it tame—at the motives in which it origi
rrared-orad at the time at which it war made. In des•
charginglirp rale. the .Court would not prevent any
fustare inacuigatinn raking Piace 7 to aicestain whether
Mr. Bonthad or had not duly served' his articlei*Of
cierk•bipilthd beets properly admitted. This applicalliia
was Madeufet the lapse of ten year, from the, time of
admisskfirNid it was made on the affidavits of two
parries; %%gate and Cassen. 'appeared that Cassen's
reason fur making the application was; that be..hird been
Is ustrated sin °Manliness Trim of moory which .be de.
minded from Bond. Wingate might be a tool of Cameo,
and whets it was consideted that Cassen fitted from a
base motive, it might be ilid of Wingate,. as Lord
Keayonball said, under Cithilai circumstances—nu/ilia
a reels. Mr. Wingate 's affidavit was, besides, vague
and unsatisfactory/ and if he really
,had assisted Mr
Bond to procure his admission by a subterfuge, without
giving him a certificate, he was not a man particularly
worthy of credence. As to the circunistanceot Bonds
ceasing to board and lodge with him, B ifwhat he
said wet true. had given a very satisfactory reason 'for
it—which was, that Wingate bad ceased to keep house
with his. wife, and had gone to live with a loose woman.
It was true that no certificate of service had been pro..
duced tethe.Judge who signed theiset for the admis-
sion. but it was to be observed that,alshoegb the Judges
were in the habit of requiring a certificate of doe ler-,
vice and approbation of the attorney with whom the
person applying for admission had been an articled
clerk,' that was not necessary by Act of Parliament.—
Lgoking at the whole of 'the circumstances, the Court
thought that cher: role- ought to be discharged with costs.
Rule discharged accordingly. :
Dog, D 1 LllOlll 9. LEON.
We have already stated the circumstances under
which an applicadot bad beta abide to discharge

rite Outlined bi.the derendant forlid nsenc 'Ufa the
case of it-stigma.. ..-
Mr. DENMAN to-day produced en office copy of tbat
affidavit of wilder of the ejectment, from which it ap-
peared that the action had not been commenced within
twenty years from Vie time of the supposed title of the
less. r of the plaintiff ..caning.
The Cover, therefore, dischsrged the plaintiff's rule.
COURT OF COUVION J 414 31.

sCo I T v. PITT.

The defendant in this cause, •ho is Mr. Pitt. the
surveyor of the Adelphi, moved in person for a tale,
calling on the plaintiff to show csu,e why the proceed-
ings in this suit should not be dismissed with costs. His
affidavit stated that the action had been brouaht against
him aa a bill of exchange, or banker's draught (he did
not know which the law would denominate it), which
he had not paid, because he had teceived a notice horn
another pasty not to do so. Another action had Ikea
brought. against him on the same bill, at the suit of the
other party, in the Court atf King's Bench, and as. he
submitted, he ought not to be harassed wit't too ac
lions uptsi ihi some demand at tl e same timl Ile
trusted' that the dont wiiuld dismiss the proceeuings
in thin wick cause with costs.
In reply to a question from one of their L•ndshipr.
Mr. Pitt stated. that the actions had been biought by
different atomics.
The Couar said, that upon Mr. Pitt's statement, he
was entitled to relief from these double proceedings, but
chat bemuse alter the terms of his motion, as the proper
courseto pursue would be to order the,pioceeslings in
this mile o be stayed until the action to the K stn's
Bench thaw d be disposed of.
Int.asately their Lordships granted elute to slniw
cause why the proceedings in this cause should not be
stayed until' the Wither ord:rs of the Court, and s 1 y
.the plaintiff 'sl)ould n. t pay the costs.
At one o'clock the Lotto CHIET JUSTICE at ;E the
city at Nisi Prima. but no case of pu iiic lute:est was
disposed of.

PREROGATIVE COURT. JAN. 31.
COLVIN AGAINST MI MI AND Willing

The KING'S ADVOCATe commenced • his Argument
this day on behalf of the executor, Mr. Dived Colvin.
•hi penpounded an authenticated co; y of the wilt if
Mr.Farqubar, of the 7th t f Match, 1814, the of iginal
of which is in India, wish a codicil s.f the same dace :
The cats, be observed, was one of g, eat inrpo tance, not
only as tespected the property in quest on (the actual -
amount of the personal estate being abou 500,q001. the
real estate about 60,0001.) but also on pablic gr. node,
in respect to the priteCiple on a ach it was 'o be decided.
It was a case in which- it was highly proper to•dismiss
all anger and esasperation on either side. It was flatus el
that some degree of feeling should be excited on the
part of the administrator, who might thick the ext cut,sr
had not dealt fairly with him in the first instance; hut
when all the circumstances were confidered. it must
appear that Mr. Calvin could not have performed his
duty to the deceased and to all pa ties, if he had not
propounded the paper before the Court, and he could
not have recalled fhe administration colic, than he did,
'since he did not become possessed of the instrument till
September, 1827. • There was nft room for suggesting
that he had kept it back from Ms. Fraser, who knew of
its existence. The paper propounded gave annuities of
five hunched pounds to Mr. Fraser and La.ly Jr la Pole.
besides other annuitiea; it also gave an increase of sally y
to the Professors I f certain Universities of Sci thod ;
and then poivided.. that on the decea e ot the annul-
writs the Amount should go to. iocre.se the t • indite of
the mtate, and be dlided mono the par,cheAl sch, 01.
nos,tets all Over Scotland, in sums o' n-t less than ten
pounds, beginning at Abeidee-. Up tot a date of this
mil, therefore, the deceased in:enttest to make no pro.
vision for hi, other relations. T e may oil.er paper
before the Court, executed by the dereuwitl, was the
codicil of the 17th of Job. P 323, which made a dispo-
sition of the property ut Foothill, which tenor deg un-
iesoked at the to taint's death. Thane sere tracts of
other testamentary papas. las October. lt:21 a pap r
had berii matted by the deceased. by which an e,tive
called East 'Mail was bequeathed t s Mews. NI rd.
mer, se condition of their taking the name ot Falq liar,
and a house in Gloucester-place to Mi. Wei... B this
paper had beeti.destioyed by the deceased in 18V :
From this paper, and the will befo•e the Court, certain
draughts had been psepated by Mr. Colvin, and sus t to
the deceased at Paris, bat were never nevoid by ham
though considh.ed by Mr. Colvin to cotta n .he Inten-
tions if the deceased. The question toe the Celia
to determine was. whether the paper velpounded con.
tallied the a ill of the deceased ? This paper was com-
plete : it dieposed of the entire proreety s.f the deceased
—it was regularly signed. sealed, a..d a tested; and
if it bad been in the poseision at the deceased at the
period of his death, might have been psosed in common
form. Thee must be something, 'haricot, to stow
first this paper had been resoeed and desttoyeo by the
deceased. Di. Phillimores position was. tha is a
Copy of ibis paper had been in the possessi it of t' e
deceased. and was not forthcoining, slier:4o.r it w us de..
*posed by him. but this involv.d two p oposionn,—
first, that as the sill was tost for: coming it was de-
stroyed ; destroyed, it was destroyed by the ..lea
ceased himself. There was even another proposition
involved—onamilf,thatif the paper had been desteoyed,
and. by the testatkil was.to be preNumrd that °cis s'e.
%traction we Otiroestion of V. will of 1814; Dr.
Phillimoue's argsferiblit.thetefore was to be tonnoetion
three•presumptiont; supported by no evidence. There
.mas no proof. of tbellestruction, much less of its de.
steuction by.the taftetor ; these was no reason whatever
-for presuming thethe'copy was not still in, existence;
where an ipstrunwist Was traced into the possession of a
le.tator, aad was 7kilartid after I is death cancelled and
mutilated. then the' presumption Might be t!.a it was
his act; but-this Ma Li proved by the paper itself, or
by persons who saW"ii; in the present case there was no
proof of either kilo/. • The paper might have been ab-
stracted or.destroyeday the deceased himself. through
carelessness or bfaceident, or it might be tied up null
other papers. lithe millets was even is Mao, the Court
would be unwilling to pronounie against a paper which
Was certainly the will of the deceased in 1814. Theme*s
lay upon the adverse party to show that the will
was destroyed by the deceased. or to a4dace circuits.
stances sufficiently strong to shift the ones on .he tree
cuter. Where a testamentary pain' *as executed, as
In this case, ha duplicate, which wai done to guard
against accident, there was a Moll; presumption that
the deceased intended it to have effect and operation.
There was a material difference between the Ma of the
execution of two original duplicate wills, and ,thaf of
an instrument executed from iedraught, wltiellseo.ante •
cancelled by the caseation of the .willi'and was Strad.%
missible to proof unless thpvid bad been deettoyeil by
accident. The paper propounded was a copy isiAtt •
original will now awistiog ; and if it showed upotrtbe •
face of it' deliberation—if there was *iron, of tidbit.
react m. it for a Coasiderabletime, and if there bad been
tioebange of ikention, the Court could not allow any
peeiiimptma ofa destruction to overthrowexia.ng
an
•smeat. lt was clear the from the first moment of