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

heaven, though they knew he had lived a life of
sensual enjoy menl and bad for years neglected his
his relatives though lbey all lived in the neighbor.
hood No notice ol his illness was sent TO them:
and when his t'vo aephews, General and Colonel
BAN bigGe, called on the Tuesday TO see him, thew
were NOT sdmupd 10 see him and his brother
John. on calling on the Saturday, was refused adj
mission also end WIS obliged TO force his way into
the room, and found hun dying. The Bainbrigges,
al The tma, We're on bad terms with each other,
and. although Colonel Bainbngge, at the reading
OF the VIII had his suspicious excited, he did net
communicate with las cousins, who were more
Immediately interested His uncle had claim on
the deceased Tor Gl 600, and, on accepting house
as payment, he confirmed The will Marianne, at
The age of sixteen ran of TO Gretna Green with
the son Of AlsOp, the spOthecary, was married, had
two children, and filed a bill against Mr. Blair in
order 10 establish the wilt A suit was instituted
by Mr. Blair TO perpelGate testimony M iriannc
and children passed OH the scene, and her line be-
came extinct Blair became bankrupt and new
trustees Were substituted. and, finally, the Court
of Chancery directed this eiectment to be brought,
IN order TO Try the validity of this will.
Ii appeared from The cross examination of seve-
raj OF the witnesses that Bainbrigge's brothers..
John and Joseph, frequently visited him and dined
with him Many OF them admitted that he had
always been odd, eccentric, and slovenly; some
said they never heard him teach the child any
thing IMPROPER; and that she used not to say or do
anything wrong in his presence, and was under
dread OF being detected in her shocking practices
by him some never saw him sober--others never
never saw him drunk some considered him te M
peTate mar, and saw no liquor in his bedroom
for months together-others il always:
some never heard HIM curse or swear some
thought him tidy, proper gentleman many, who
said III the plaintiff could desire against him, ad-
miued that he kept excellent wines, and gave very
good dinners and suppeTs
The case for the defendant was, that the testator
was man who restrained himself III company, but
al home, and in private, INDUCED in those passions
and habits which he formed at an early age, and
at period when society was In very different
state TO what il is at present. From the earliest
period he had been slovenly in dress, and eccen-
tric, and violent, and especially addicted TO wreak
his anger on his domestlcs but no man was more
shrewd in matters of business. He was most
tive and intelligent magistrate None OF his brother
magistrates perceived any alteration in his mental
powers, and they transacted seasonal business
with him Till within fortnight of his death
Up to June 10, 1878, few days before his death.
he kept regular diary of his proceedings, and
there all his payments were entered, even the visit
Of his friends, and every fact Of which il was
important he should have memorandum. In
these diaries, entries found correspond with
the facts stated by some of the witnesses. From
the earliest period, the testator was bent on Sc
curing TO himself the power OF dsposng OF his pro-
perty away from his family. His father was not
dead fortnight, when he barred the entail. He
never seemed to have been quite determined for
any length of time, how he should dispose Of the
ultimate rems lder Of his estates There was no
pretence for saying Mr. Blair gained anything by
this will, which could induce him TO commit the
complication of crimes imputed to him by the
plaintiff.
The elder Arnold was produced as a witness,
and surprised the court by confessing his inability
TO say whether his wife, the daughter of the de-
ceased, died in 1927 or 1923. He was married
again, and was now dependant for subsistence
the result of the trial One or two other witnesses
admitted that they were under obligations to the
defendant, and had previously stated facts diff
ferently. Mr.. Blair was also examined, and
seemed to account satisfactorily Tor his part in the
transaction.
Lord Campbell, in summing up, said tina! the
change of feeling, with regard to the Arnods, was
remarkable, but it was possible that, at the last
moment, his heart relented, and his natural feel
ipgs returned.
The jury retired at halEpast one o'clock, taking
ont with them the codicil and will, and the diaries,
dict for the plaintiff
The property at issue is estimated at 100000.