The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-20

true that he does not know what he cannot do I'LL
he tries. England has tTtsd, 0ad she nor knOtcs
that she connot gortra Tho uoIid
Very Extraordinary VIII Case In England.
lFIom The Liverpool Journal August g.
At the Sta lord assizes MIR. l. ainbfigge surgeon,
OF this town, was p,ain,ih in a trial before Lord
Campbell, which occupied nearly five days, and
terminated in his favor on Tuesday last. Ii was an
action OF eleciment 10 try the validity Of will
made in 1873 The plaintiff the heir NJ law seeking
TO upset IL en- two gTounds--inssDity and fraud
The Gaze, ne opened by the Solicitor General. was
10 this efiect-Tbe testaIor, Thomas Bainbrigge,
was The representative of very ancient family in
Derbyshire, arwickshire. and Stafford shire, and
which IN The course OF his lite he made considera-
bic additions. In early life he was man of very
refined and polished manners. He became attach
ed 10 a young lady. some difference arose as TO a
marriage settlement. His father would not con-
sSnt 10 his marriage and she died. This event
soured his temper. He had u servant, Mrs. Betsey,
person OF same attractions. She became pregnant
lie believed himself The father OF her child--a
daughter, who was born in September, 1870, and
was named Betsey Bainbrigge. Mrs. Betsey did
not confIne her lsyors 10 her master, md became
pregnant a second time, by another man Mr..
BainbrIgge thereupon turned her OF, but kept
The daughter Betsey; and when her education
was completed, introduced her az his acknow-
lodged daughter into society. In 1905, when she
was IL years old, he made his will, leaving her his
estates for life, with remainder TO her issue in tail
Before, however, she was IL, she was got with
child by has goodman This deeply annoyed him;
and he made another will, by which he left his es-
ta,es 10 three trustees to cell, and out of the pro-
ceeds 10 pay her an annuity OF goo year, and to
divide the surplus into three equal portions between
the children OF his brother Joseph, of his brother
Colonel Philip Bsinbrigge, and of his sister Mrs.
James. On the Sd of February, 1909, the child of
the oechman was born, and was named Mari
anne. Though eyasperated by his daughters con-
duct, he allowed her and her child to remain in the
house, ard even took funcy 10 the child But the
daughter offended him again. There was farmer
in the neighborhood, named Arnold, who had given
him offence by some dispute respecting game. This
mans son M a6e up 10 The daughter. When he
heard OF IL he sent her out OF the way but she
,luded his vigilance, proved pregnant, eloped with,
Under these feelings he made another will the
4ih Of August, 1872, whereby he conveyed his es-
tates TO two trustees, OF whom MIR. Blair, an attor.
ney, oil ttioxeter, was one, IN trust, to secure to
his granddaughter, instead of his daughter, to
whom he left nothing, an estate for life, with re-
mander TO her issue in tail, and, in default Of such
issue, for sale and division amongst his nephews
and nieces. OF the daughter he never took the
slightest notice, and her name was not allow
ed 10 be mentioned by the servants. In 1915,
he came 10 live in Green-ane, Derby. He
had fall from his horse, and, when he re-
covered, he made another will. BY that will,
after directing the payment of en- annuity of Zoo
a year 10 his sister, Mrs James, and of ESQ to Mrs.
Arnold for her life, and making provision for the
education Of his granddaughter, he left TO her his
estates for life with remainder in tail TO her issue,
and in default of such issue TO Thomas r. Balm
bridge, the lessor of the plaintiff, for ever. The
annuity 10 Mrs. Arnold was not to come into effect
until the existing lease TO the Amolds should eK-
pre, and neither Arnold nor bis wife, nor his father
nor an uncle Of his named Wood, were TO hold
any lands but those they then held, such was the
offence given by that family, and so deeply did it
rankle in his breast. The provision for the chid's
educstion was ample. Marianne was now dead,
and the last Of her children died in 1915; and the
issue Of that line being extinct, the question now
arose who was entitled to the estates. Mr.. I. p.
Bainbngge said that, in default Of the issue Of Ma
fanne, the estates came to him. Thatthe testator
was sane in 1915 would be proved beyond ques-
ton. AT the close Of 1915 he removed from Green
lane, Derby, 10 another street called Osmanston
street. From that time a material change was OBJ
his miId was utterly gone. His dress was 90
elected that be became u marked character. His
clothes were filthy and unclean, ol1 and covered
with lice, and such as beggar would not pick of
stencil from him was intolerable. The boys used to
follow him through the streets Of Derby, crying out
mad Bainbripge." His house was in keeping with
his person-diry, filthy, filled with vermin Of all
kinds, and altogether Of a most wretched and re-
voliiDg description When he rode out in his car
rage Il was unwashed and uneesned, and covered
with the dirt OF the fowls which roasted in il. His
horses were not groomed, and he took any of his
fam laborers, without any change OF dress, 10
drive IL. lie used 10 motler frequently TO himself,
:" must 90 10 the devil, but am not ready yet"
All religious feeling departed, and he cursed and
blasphtmod in moot frighful manner. lie was
in state Of complete mental alteration. There
could be no better proof Of this than the change
in his conduct respecting his granddaughter Ma
IiaDne. In ISIS, he had taken great precautions
for her proper education but subsequently, SO lost
was he TO all proper feeling, that he taught her to
curse and swear, and encouraged her in the most
incredible ohscenity, and in the of language TO
which nene but the most depraved could listen. So
long as he had women servants they demonstrated
aUa sn( cd, finn Oh.
he only laughed and enjoyed il, saying " She was
a chip Of the old block" Once she filled the hol-
low Of a board for playing trap-ball with hot water
and suited !, up between the legs Of servant
laughed heartily, and ssid "Well done, you young
-" Such were the tricks she played, and the
language she used was such that women were not
allowed IN court while her expressions were de-
failed. They created many laugh in court; but
still many OF them were oil most shocking kind,
and such as the most precocious depravify could
not, without education for the purpose, conceive.
lie became so violent 70 his servants, that none
TO do bis woik by presenting blunderbus at him
whenever anything was done that did not please
him. One day be came in the kitchen, saw a ser
want toasting. and bending down with her back TO
him, and be see up In her, and stuck fork with all
his strength into her postcriors, and then ran out,
and che did not recover for month. lie had for
~ servants in few months, as none would stop
with him for more thana few dave. Al length no
was obliged 10 employ his farm servants TO do all
the domestic duties, clean the house, milk the
cows, prepare his breakfast and dinner, make his
bed and that Of the child, and even to undress and
pot her 10 bed at night, and dress her again in the
morning. lie took u IN his head that meat was
never so good rs when IL was full of maggots. One
sign Of madness was great concentration Of INTEL
ligtrce on some points; and so no man was more
shrewd in his dealings with tradesmen, and moth
ing pleased him more than defrauding any one Of
money. lie tancied he had communication with
the devil, and used sometimes TO order his bed
room door 10 be kept shut. in order TO keep the de-
vii out; and sometimes his windows TO be let open.
in order that the devil might be at liberty 10 20
out. lie used to have a bottle Of brandy with a
glass laid every night by his bedside. So things
continued till the Saturday before his deuth, June
ID, 1878 On that day he went to Draycot and drank
great deal-st least quart Of Thanksgiving that
he believed II would be good for his govt
On the Monday, there was but one servant in the
house, man named Roe. He sent for a Dr
Hawthorn, 81 uioexeter, who was friend OF the