The Statesman.
London, England, 1818-07-21 00:00:00

•

time ea nnotlie dais
'is no extraordinary
_trees, Mitchell, and
Rogue, . precast .m recommending you as
well as the rest for mercy. The sentence of the law
Is, that you all be honied by the neck till you are
dead, and may the Lord have mercy on roam soots.'
All the crinibsill trials' being now fiuished, the
Coert adjourned at four o'clock. On Monday Mr.
Jessie. Boyle, assists Mr. Baron Wood in civil
taloefi; •
• "I I • Clif1t.•8110 R.
AlsB 87110 OTHIRI V. Tr...tat.
Thiernah: tlielirst Special Jury cause tried this
'Ants,. here. It excited mach especiation, and the
Court Wail very ern4ded at as early boor. It was.
80 Issuezfrorn the CAW, of Chancery. -
Mr. Serjeint Bese, who had -hero brought front
pstolota for the apeciol purpose of conducting 0%11
else for the Plaintiff', detailed et some length the,
erasure of the Wee an be tried. Emanuel Evan had;
boon a mettrant in. iiondet-, width aline* forms srl
rut of the 'len of Leeds; and heid;ibrilviiodstry and
plPfeeirOfitieP, accumulated a very lorge*aperty. On.
glee 11.1% of Februtiry;-1795, he'-eitecated a will,
which; after bequeathivig several tedeelea of 1,0001.
Osted-8001,,, constit uteri Samuel, • Robert, and darvit
p,1808; bit nephews, his residuary heirs and devisees.
This deed was attested by Joseph Blackburn, David'
Jepeett.,'altd.James Atkinson. Soon after he entered
into terms for the purchase of landed property in that
North aiding of Yorkshire from.the Marquis of Ss.'
Ikkory, to:6oo2lWe or 155,0001. As this transfer
air 'pertotial"prepOety into-mail property removed
363, 1. from the operation of his will, he executed
a tokracil to it Ott Feb. 27, 1796, binding his nephews
**pay theism due for the lands, and constituting them
it'll',! Mini and devisees of the lands as of the residue
Wllds'personal Wale. On the same day, Emanuel
INA died. The'objects 6fihe will and codicil were
loserviod into effect .without obstruction. But about
tar• years ago, John Wm.- Elam, the Defendant and
Nett it law to Emanuel Elam, filed a bill in Chan.
'ter, 44 set aside the•erelicil. Hence the present se-
dee, which Kibblethwaite and the other Elect,-
tort smolPr the will .and codieil were Plaintiff., and
thelheir it law was iOO Defendant. The issue to he
WOW waN whether Emanuel Elam was sound and
competent in his mind when he executed the codicil.
.01thir 'Learned tierjeant said, he would now let them
into the Secret of this attempt to disturb this codicil
teseenty.twe years after it was mewed, and eighteen
years after the tele at law was of age. The At.
trolley who wrote tile deed, and signed it as one of
Os attesting witnesses, was executed at York, for
*every, after the Spring Assizes, in 1816. This.
atone had suggested the idea of setting aside the
codicil. Had lie gone quietly to his grave, this Se-
tifin would nevei • have been thought •of. Jepson,
ton, was dead ai:Me years ago. He had been a
'very respectable man, keeper of the key' of the
chapel for the Society of Friends, in Leeds, to
which tindery he, as well as Emanuel Elam, had been
wrestled Had this mare beennow living, they could
itto make the present attempt. Only one of the sub.
stribing witnesses was alive, and he would be placed
in the box before them. His testimony proved
only that he was utterly unworthy of credit, but
it could not affect the question at issue. Even
Simnel Elam, the eldest of the nephews to
whom the property was left, who alone of them had
been present when the deed was executed, was new
dead. in these circumstances was it attempted to
set aside this deed. He should bring evidence before
them, however, which would fully establish the
sOsindness and competency of the testator's mind.—
Even if lie could not do so, the Jury Would beware
of establishing a precedent for annulling a natural
end affectionate disposition of property, 22 years
EOM it had been carried into effect, and when all the
• witnesses of its correctness were mouldering in their
graves. The only witness remaining in this case
would prove a warning against calling in low per.
sons, persons in low station and of no character, to
attest deeds conveying large property. Ile left the
case with confidence in their hands. He knew not
what mine his Learned ;Friend meant to spring upon
Tim ; but if be shoald bring any witnesses before
them, he would address them again.
- James Atkinson Was examined by M. TOPPING.
remembered that he signed the will better than
I% years since. Ile slid not see Jepson sign it. lie
bad tint seen him at all then ; he knew nothing of hies'
at that time.
Cross-examined by Mr. SCARILETT.—He knew
John William Elam, the heir at law. lee had not
known him till he called upon him with his attorney
three years ago, to enquire about the codicil. Ema.
noel Elam had, on Monday, returned ill from a
journey he had taken to Mallon ; he died nestliatut.
slay. lie did out think that he knew whet he was
doing when the deed was signed. Ile died shout
three o'clock in the afternoon. Ile was sure of that,
because he was dead before ht• had gone to drinking,
and he made avoint of conscience of drinking at five.
Gooey Were not the terms of the attestation at
the end read to yes before you signed ?
Witll€olB. No. •
CozeT.—How came you to sign it then?
Witness.—'Mr. Blackburn only read a perambk,
that this was the last will and testimony of Emanuel
Elam. •


.aam.k...

George Jepson, brother of Divid Jepson, one of
the witnesses to the deed, was examined by Mr.
Rlctr.►xotoM.—He •affirmed that the signature was
his brother's bawl-writing. ilk brother bad been
early life a linen.weaver, latterly he opened the
made erases for the Friends. lie was
med by Serjeent
alfir 'le Testator's mind
cross-examined by

Goodman were ob-
in the will of John
the executors under
the residuary heirs
formal arguing of
feed. -They proved

im well. He taw
sing in his parlour,
Ile held his thumbs,
his wsisteost, end
very poorly." lie

•
•• :7; •
piirittifikalT•l47wottd ; ti;;
spent flub it is-employed ;• 'here.
atrocity in yam. peel, Fern
Ifiene, In prevent me from reo

chatiel, and made *raves fur the 1
Cross-east ined by Serjeant flut.Lot
SoFeph Tatham affirmed, that thi
was guile competent. He was cl
Sir. I.ttrt.r.DAtn.
George Banks and Benjamin 6
j.ctoil to, as they had an interest it
Goodman, who had been one of ti
i the will of Samuel Elam, one of tl
in the codicil irrAruelition. After 1
7 the point, Hu4 evidence was receil
the hind-writing of Blackburn.
Benjamin Ociudman knew Eta
Itim.un tke silty of his death walki
el and he abitefi.hkn how he was? fl
r a• was his practice, in the arms of
sets', " Indeed, -Benjamin, I am a
1 as.perfectly competent in his mill
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