The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-13 00:00:00

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AND GENERAL COMMERCIAL ADVERTISER.

TUESDAY, APRIL 13, 1841.

The learned gentleman concluded hilt speech about a quar-
ter before five o'clock, 'having spoken on Thursday and Fri-
day upwards of eleven hours. The time, however, was chiefly
occupied with documentary evidence.
The following witnesses were then called for the defen-
dant :

Henry Turner said he was a farmer at Seagram, in this
county. In 1829 lived at Fleetwood-hall. In the month of
February, 1829, was sent for to Brindle Lodge. He proved
that the will was produced to him on that day, and signed
by him, Mr. Heatley, Mr. Orrell, a surgeon, and Thomas
Smith, a farmer. No one else was present. Mr. Heatley
said he was obliged•to have witnesses to his will, and he had
sent for them to sign it. That observation was made before
he signed it. Had known Mr. Heatley from a boy, and fre-
quently saw him. They shot over Fleetwood-hall. The state
of his mind was very good.

Cross-examined by Sir W. FOLLETT.—The gardener fetch-
ed me. I live about a mile and a quarter from Brindle. Mr.
Heatley charged us to be particular as to whether he was
capable of making a will. Dr. Orrell said he was, and we
said the same.

What was it you said ? We said we all thought that he
was capable of making a will. That was said before he
signed it. That was said before he signed it. He clapped
his pen on the seal, and then he wrote his name after. We
sat some little time after we had all signed. Mr. Heatley
said it was proper to have three witnesses to sign his will.
Smith and I are not tenants to Mr. Heatley. lam a Roman
catholic. Have seen Mr. Sherburne. Mr. Smith was priest
of Brindle, and Mr. Carter at Salmsbury. The chapel was
near Brindle Lodge, and Mr. Smith lived near. Mr. Pope
lived there before. Both I and Mr. Heatley went to that
chapel. Went to that chapel. Went to confession to Mr.
Pope and Mr. Smith.

Re-examined by Mr. CRESSWELL.-Mr. Pope was an old
infirm gentleman. He was there twenty years. I some-
times went to Salmsbury.

.Thomas Smith.—l am a farmer. In February, 1829,
lived at Walton, about a quarter of a mile from Brindle
Lodge. One of his servants came and told me I was wanted,
When I got to Brindle Lodge I went to a room where I saw
Mr. Heatley and Mr. Orrell. Henry Turner accompanied
me into the room. Mr. Heatley said, " I have called on
you as witnesses as I have been making my will, and I sup-
pose you don't think but that I am capable of making my
will." We said yes—all three of us. He also said, " I
don't make it with any to any one, but as a duty
which I owe to myself and everybody, and now you are
witnesses that i sign this as my last will—William Heatley."
He then wrote his name, and gave the pen to Dr. Orrell,
and myself, and Henry Turner, and we signed it. That is
the document, pointing to the will. I signed last. I have
known the late Mr. Heatley 30 years. I thought him a
man most excellent both in words and examples. I never
saw anything badly conducted about his farms.
John Orrell, examined by Mr. WATSON.---I am a surgeon
at Preston. Was acquainted with the late Mr. Heatley and
attended as his medical adviser for fifteen years, and conti-
nued down to his death. That is my name to the will. I
signed it in his library. I came in consequence of a note I
received the evening before, inviting me to take breakfast
with him. To the best of my knowledge no one was present
at the time I signed it, except Mr. Heatley. After I had
signed it two other persons came in, Smith and Turner. Mr.
Heatley desired them to sign the paper which I had signed.
Don't know the words used on the occasion except request-
ing them to sign it, which they did in my presence and that
of Mr. Heatley. Mr. Heatley was a man of sound strong
mind, a very shrewd• and intelligent person, a gentleman of
general information and of strong intellect. I think he was
quite capable of managing his affairs. Thought him very
pious in religion, but had not much conversation with him
on that subject. Was his only medical attendant except the
late Mr. Barlow, of Blackburn, whom I met at a consulta-
tion. Mr. Heatley had to undergo an operation which was
performed. This took place previous to the will. I attended
the household as well as himself. Attended many poor per-
sons in the neighbourhood, for which Mr. Heatley paid me.
Have breakfasted there frequently, and occasionally have
dined there. I dined there four or five mouths previous to
his death. When I have visited the poor at his instance he
has accompanied me several times. I have met Mr. Sher-
burne, of the Willows, which is about 14 miles from Brindle
Lodge, at dinner there. Mr. Heatley and he appeared on
the most friendly terms. Mr. Heatley treated him with the
greatest respect.
Cross-examined by Sir W. FoLLErr.—Was not certain
Mr. Sherburne was Mr. Heatley's confessor. Had no know-
ledge of it except from report. lam not aware he was often
there. He was generally in the drawing-room. Never saw
Mr. Sherburne in Mr. Heatley's bed-room. Have seen
them together in Mr. Heatley's study. Have dined there
three or four times during the last fifteen years. On the last
occasion met there Rev. Mr. Sherburne, Rev. Mr. Thompson,
Rev. Crook, of Manchester ; Rev. Mr. Carr, of Blackburn ;
Rev. Mr. Dowden, Clayton Green; Mr. James Tebay, his
steward, and Mr. Tebay's son; the Rev. Mr. Carter, of
Salmsbury, but do not recollect any one else. With the ex-
ception of Mr. Tebay, and his son,. all the rest were Roman
catholic priests. Never met any one there but Mr. James
Tebay. Mr. Heatley was not particularly in bad health dur-
ing the last fifteen years. He was a strong person for his years.

When he was ind►sposed he had an aversion to see any one

His health on the whole was not of a nature to prevent his
mixing in society. I think I have seen the Rev. Mr. Thomp-
son there occasionally, but not so often as Mr. Sherburne.

lam a Roman catholic. Except Smith and Dowdcn, who
were of the regular clergy, all the rest were of the secular.
1 have attended Mr. Sherburne. He never told me he was
confessor to Mr. Heatley. I have not had much conversa-
tion with Mr. Heatley on religious subjects. He attended
mass at Mr. Smith's chapel, at l3rindle. He was very strict
in fasting. Never had any transaction of business with him
except professionally.
Sir W. FOLLETT.—Were you not expecting a legacy from
him ?—I can scarcely answer that.

Sir W. FoLLErr.—Have you said anything about it ?—I
believe I have. (Laughter.)
Sir W. FOLLETT.—Have you not said. that if you could
get Sherburne out of the way you would have a legacy ?—De-
cidedly not. I expected a legacy merely because I had at-
tended him for fifteen years. Was not angry at not receiving
a legacy:

Sir W. FOLLETT.-Will you swear that you never said he
was an old bigot ?—I am not aware I ever made use of such
an expression ; I may have said he was very warm in his re-
ligious feelings ; I may have done so, but I am not aware of
using the expression.

Sir W. FOLLETT.—WiII you undertake to swear that you
did not say he was a bigotted old fool ?—I will swear I never
made use of such an expression. I live about five miles from
Brindle Lodge. 1 reside in Preston and attend the Roman
Catholic chapel there. It is not usual for the priest of the
chapel they attend to be their confessor? they may go to any
priest they think proper. I was, decidedly, in the room, and
signed my name before the other two persons came in. Ido
not recollect Mr. Heatley asking whether we considered him
capable of making a will. He did not state it to be his will.
1 did not know it was his will. All that passed was his asking
me to witness his signature, and I did. Nothing was said
about his will whilst the other two persons were present.
Was not aware that it was his will until the morning of his
funeral. Did not go by direction of Mr. Sherburne to get
an alteration made in the printed judgment of the court.
William Smith examined by Mr. M URPHY.—I am a far-
mer at Walton-le-Dale, near Brindle Lodge. In the month
of August, 1835, was sent for to Brindle Lodge. Found
Cornelius W.Manus and John Ainsworth. Mr. Heatley
said to us that he would wish us to sign a paper. (Witness
said he signed the codicil.) Saw also the other parties sign
it.) Ido not recollect seeing Mr. Heatley sign it. I know
him nineteen years. Considered him a man of business. He
superintended and gave directions about his farms.
Cross-examined by Mr. DUNDAS.—I did not see any one
else in the room except Mr. Heatley and us three at the time
the will was signed. Ainsworth signed first, I second, and
then M`Manus. Then Hcatley took the will into his hand
and said, this will do very well. He then gave us each ls.,
and ordered the butler to give us some liquor, and we went
away.
Cornelius M`Manus—l am a tailor and draper at Hough-
ton. Went to Mr. Heatley's in 1835, and signed this will.
Signed it in the study at Brindle Lodge. Squire Heatley
sent for me. John Ainsworth and William Smith were pre-
sent. Mr. Ainsworth signed the will first, then Ainsworth,
then Smith, and me last. Mr. Heatley said he sent for us
to put our names to a codicil of a will. This was said before
we signed it. Knew Mr. H. better than 20 years. Had
dealings with him frequently, and used to converse with him.
His mind was decidedly good.
Cross-examined by Sir W. FOLLETT—I used to work for
Mr. Heatley. Knew Mr. Sherburne very well. Have been
at Heatley's house often. Have never done business for
Mr. Sherburne. I am a Roman Catholic. Have been in
the habit of attending the chapel at Brindle. Have been
twice at Mr- Sherburne's chapel in my lifetime. He gave
me one shilling. . _ _

John Ainsworth examined by Mr. MURPHY-1 am a shop-
keeper at Preston. I was at the house of Mr. Heatley, and
signed his will. He saw me in the morning, and he asked
me to go to the lodge in the afternoon, and bring M`Manus
with me. We went, and Mr. Smith was also there. We
saw Mr. Heatley in the study. He said—" Do you think I
am sensible and capable of doing anything?" I said I

thought he was. He then produced a paper, and put it on the
table. This is it, and I signed it. Mr. Ileatley signed first,
andwe put our names after.
Cross-examined by Mr. DUNDAS—I deal in pork and pro-
visions. I knew Mr. Sherburne at that time. I used to be
at Brindle Lodge. I have seen Mr. Sherburne there. Was
living about a quarter of a mile from Brindle Lodge.
William Holmes examined by Mr. WATSON.—I am a
grocer in Preston, and have been in business thirty-three or
thirty-four years. Was acquainted with Mr. Heatley.
Knew him when he first went to Barton Lodge about forty
years ago. I signed this will in my office in Preston. Mr.
Heatley called upon me. It was about eleven o'clock. My
father and a young man named Samson, my partner, were in
the shop. Mr. Heatley said he wished to speak to me, and
walked into office. He then said he had a document in his
pocket connected with his will, which he wanted me to sign,
and there would be two other signatures required. He saw
my father in the shop, and asked if he could write. I said
he could if old age did not prevent him, and Mr. neatley re-
plied he would do for one. Pointing to Mr. Samson he said
he would do for the third. "He is your son, is he not? "
I said he was not my son, and he wanted to know who he
was. 1 told him he was my partner. He then asked me if
he was a catholic, and I said he was a church of England,
man. He said he would do. Whilst this took place my fa-
ther went out, and I said I could find another in his stead,
and Mr. Heatley said " Who is he ?" I told him Mr. John
Horn, a neighbouring corn dealer. He asked me who :he
was, and I told him his uncle lived near Barton Lodge. Mr.
Heatley did not appear to know him. I then said he was
the same gentleman who went into partnership with Charn-
ley, at Liverpool, and who died there. I then went and
fetched Mr. Horn into the counting-house, and there were
present Heatley, Horn, Samson, and myself. Heatley then
took this paper (the will) out of his pocket and said it was a
document connected with his will, and we must see him exe-
cute it. He then signed it in our presence. I then signed
it, next John Horn, and next Thomas Samson. I saw all
sign it. Mr. Heatley then put it in his pocket and went
away, thanking us for the trouble he had given us. I used
frequently to see Mr. Heatley. He used to call frequently
and talk to me. He was of sound intellect, and has not left
his equal behind him_ (Laughter.) Never beard him
spoken ill of until after he died.
Sir W. FOLLETT.—Do you mean that he had not left his
equal in point of intellect ?—Yes.
Sir W. FOLLETT.—Then you considered him the greatest
man in existence. (Laughter.)
Mr. CuusswELL.—My learned friend is jealous.
Cross-examination continued.—He used to come often to
call on, me, and I used to talk with him on politics and reli-
hion. My office was near his coach-house and stables, and
e often came and stayed with me while his carriage was got
ready. Have been at Brindle. Lodge, but not on a visit.