Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-08-21
THE GAZETTE.
s.r,1pD.y MORNING. AUGUST 81, 1858.
RELATIONS BETWEEN LAWYERS AND
-rs CLIENTS

RELATIONS BETWEEN LAWYERS AND
G CLIENTS.
Four years ago, that is to say in the month
of July, 1854, there was living at Ssinien-
hall, in the county of Stafford, an aged gen.
tleman of fair estate, named Samuel Swinten.
He was, the son, and heir of John Swinfen,
wbs bad been twice married, and who by his
second wio lett y numerous family-the halt
brothers and sisters of the aforesaid Samuel.
Samuel himself had also been married, aud
of bis marriage there had beer issue son,
named Henry John. Henry John next took
q wife, but made his selection from the hum
bier ranks Of society," proceeding which,
combined With his own irregularities, had the
effect of estranging him from the affections
of his father. The match, however, 1t Is al
legged, proved actually beneficial TO the char
acter Of tho SOD, and in the end, 1t appears
that Henry John, and Patience, his WIFE,
were received at Swinfen-ball, aud there took
MP their abode. This was in lS4S, after the
death of Mrs. Samuel Swinfen. 1t further
appears that between this period, and July,
1854, the testamentary arrangements maze
by Samuel Swinfen were such that Herry
John would hasesucceeded to the inheritance
of the property, but, as it happened, the son
died before the father. On the 10th OF June,
1854, Henry John Swinfen suddenly depart
ed this life, leaving Patience Swinten,
bis widow, surviving. Ga the TIN Of July
following, Samuel SwinfeD, being then ion'-
score years Of age, made fresh will, by
which he devised the Swinfen estate to Pa
thence Swinfen, and this is the instrument
which has been the source and subject OF SO
much litigation. The question originally
raised was as to the competency OF the old
man, uuder the circumstances described, to
make this disposition Of his property, and as
to the validity Of the document thus conveying
the estate to bis daug Inter -in-iaw. Had the
case stopped at this point, 1t would probably
not hsvo called for the notice We now bestow
upon it.
The will Of Samuel Swinien was disputed
by Frederick Hay Swinfep, who, as the re-
preventative of the second family OF John
Swiufen, was SamuePs heir-atlaw, and the
issue thus raised came on for trial In due
course ct the Lent Assizss in 1856. The es-
tates devised by the will to Patience Swinfen
and claimed by Frederick were worth Gl,7OO
q year. prize we'll calculated to provoke
stout Sighting. Accordingly, counsel of the
highest standipg were retained on both sides,
the lady being represented by no less an ad.
yocste than Sir F. Thesiger, now Lord High
Chancellor of England, and the gentleman
by Sir A. Cockburn, now Lord Chief Justice
Of the Common Pleas. Now comes the crit
ical and extraordinary point 10 the proceed
ipss. The case bad been conducted through
the fret day of tho trial. when, at the begin
ming Of the next, Sir 2. Tbesiger, on Mrs.
Swinfen's behalf, came to an arrangement
With Sir A. Cockburn, acting for Frederick
Swinfen, that he (Frederick) should take the
estate az heir Of law in pursuance of bis
claim, but OUT of that estate Mrs. Swinfen
should enjoy an annuity of G7O0, making
With her jointurs of G3O0, total income Oh
fl000 year.
This agreement, however, thus arranged
between the counsel in the cause, Mrs. Swim.
fen refused to rstify, asserting that it was
made without Der authority, against her de-
sire, and contrary to her interests, and reru-
dating the act to which her advocate had
committed her. Here, therefore, was point
raised Of no common interest; being nothing
less, indeed, than the extent of right or pow
or acquired by counsel entrusted with the
general management of q cause. The heir
st-lsw endcavored to enforce the agreement,
but without success. Mrs. Swinfen again
appeared in a court Of law, this time repre-
scented by MIR. G. r. Kennedy, who has prose
outed with indefatigable vigor. and at last
with complete victory, the claims CT his cliept.
The Court of Common Pleas bad been first
applied to by the heir.at-law for the enforce
ment of Sir F. Thesiger's agreement, but 1t
refused to give the powers required. The
Court of Chancery was next appealed to- but
With similar result. The agreement, In
short, could not be enforced, and under the
directions of the Cour. of Chancery, the orig
inal cause, interrupted by compromise in
1856, was commenced a second time at Stat
ford on Friday last, and after long hearing
which has filled our columns-was termi-
mated on Tuesday evening by verdict in
Mrs. Swiufen's favor.
The true importance of the case consists,
not in the circumstances OF the actual issue
nor even in the success with which ledy's
courage has at length been crowned, but in
tho extent to which the position, or at any
rate the practice Of advocates, will undoubt-
edly be affected. I'VE cannot say that the re-
lations OF counsel and client have been abso-
Iutely esta blished. or that the powers lodged
With the former have been finally defined,
but The conduct and fortunes of Mrs. Swim
fen, 10 fret repudiating Der advocates act
then resisting to the utmost the proceedings
which we're based upon il, and ultimately
winning her cause 10 spite Of all, will certain
" impress counsel with more caution in their
dealings with the. claims of others. london
Times.
A LEXANDRIA ECLECTIC ACADEMY.
~ J. PEDE MARSHALL, A. B., PRINcI-
PAL-The duties of this Academy will be re.
sumed on Wednesday, the 18th Of September.
The School will be divided into two depart
ments-Preparatory and Academic.
The Course of Study, embracing English,
Mathematics, Natural Sciences, Ancient and
Modern Languages, is fully preparatory 10 any
class Of college or the every day duties OF life
TERMS -PreparatOry, SIS per quarter, or