The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-17
W00DSFIEID MONROE COUNTY, OHIO, AUGUST H. 1885,
Lawyers and their Clients.

Lawyers and their Clients.
An important case has just been adju.
dicated in the English Courts, wherein
was involved the question. whether coun-
sci are supreme and irresponsible, in deal
ing with the interests of their clients, and
when cause is brought into Court, does
q client abnegate all cont-ol over it +?
The case referred to was that of Swynfen
vs.. Swynfen, and, may be stated as fol-
lows
In 1851, there lived at Swynfen, in
the county of Stafford, an old gentleman
nearly eighty years of age, named Sam
uel Swynfen, of an infrm state of body,
and whether his mind was equally affect
ed afterwards became question during a
long series of litigation which followed.
His son, Henry John, was the husband of
Patience Swynfen, the plaintiff in this
case. Henry John dying iE 1854, and
in the lifetime of his father, and Mrs.
Swynfen, who, had her husband survived
his father, would have come into posses
sion by her husbands will of property
worth from $1,000 to $4,000 a year,
found herself dependent upon her father
in-law. 1t was evident that the father
could not long survive the son, and thus,
to all appearances, Mrs. Swynfen had lost
her Inheritance. Indeed, as the case
stood, she was even so. However, the
old man had become much attached to
his daughter-in.law, and three weeks after
his sons death he made will leaving all
his real estate to her. A large amount
in the funds and other securities had pre-
viously been transferred to her. In three
weeks more the old man died, leaving the
daughter-in-law, of course, possessor of
the Swynfen estates.
But she was not to enjoy them undis-
turbed, it appears, for the heir at law,
Frederick Hay Swynfen, knowing that
his aged relative had been in weak health,
and to say the least Of excentric habits,
at once filed Bill in Chancery against
Mrs. Swynfen; and the result was, an or
der by the Master of the Rolls that the
issue of the testator's capacity to make
a will should be tried under writ issued
out of the Court of Common Pleas by
Mrs. Swyufen against Frederick Hay
Swynfen.
j Sir F. Thesiger was the principal coun.
sci for Mrs. Swynfen, The trial began
on Saturday, March 18th, 1856. At the
close of the days proceedings, Sir F.
Thesiger was noticed to have few min
utes conversation with the Judge. HI
afterwards conferred with his juniors, ani
in the course of the evening warmly urgst
on Mrs. Swynfen the necessity of con
senting to compromise, asserting his be-
lief that the case was going against her
D and that she had better consent to al
e arrangement. Mrs. Swynfen was AYERS
to making any arrangement, but on th'
Saturday evening did not absolutely rejec
= it. She said she was going to Swynfel
/ Hall but that the next day she woul'
. send an answer. Accordingly about tw
o'clock the next day, came telegram
'The offer is refused" The answer
however it might have appeared to tn
c mind of an English Barrester, it was b
r no means difficult OF Interpretation.
# But on Monday morning, Sir F. The
/. siger, before the arrival of his client take
!. the responsibility of compromising tn
l. case, accepting for his client $1,000
4 year for life, aud 1850 for costs. Bu
= Mrs. Swynfen was not to be disposesse
r. of her fine estates in this summary wa,
70 Coming into court a few minutes after th
n arrangement SO perfdously mace, indig
J. nantly repudiated the transaction. tt
N Court of Common Pleas, in which tt
IA case had been pending, came near az
- Judging her guilty of contempt, becau'
g. she refused to be bound by the arrang
"a ment of Sir F. Tkesiger, without her col
20 sent, had made. The court of CHANGER
:. however thought differently, and granite
70 hers new trial, in which she was success
n full, and she is now the undisputed pr
.. prietress of the Swynfen estates.