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UKOKMOT7TK SUMMER ASSIZES.

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UKOKMOT7TK SUMMER ASSIZES. (Concluded from our last.) SPECIAL JUKY-DOIL DEM LEWIS V. LEWIS. The following gentlemen were sworn a special jury in this cause :— .? mil,am Morgan, Esq. J0,eph Hu h Esq. Thomas Wtlhams, Esq. William Williams E.q, John Tyler, Esq F> H> Willia Esq. W"A' wW' ES3- Wm" Hun'" L.tUe, Esq. J L Thomas Tudor, Esq. Joh. H.rley, £ sq. T. A. Williams, Esq. W. A. Williams, Thomas Tudor, Esq. Joh. H.rley, £ sq. I T. A. Williams, Esq. '11. an action of ejectment brought by the plaintiff to J?-?- e- va''(l,,y of a will. The property in dispute is situated "l »ve« church East, Monmouthshire. 1\lr Richards, Mr Alexander, and Mr F. V. Lee were coun. sel for the plaintiff, and Mr Sergeant Talfourd and Mr Keating for the defendant. ° Mr Lee harinjf opened the pleadings, Mr Sergeant lallourd rose, and was about to commence the defendant's case, claiming his right to begin by admitting the prima facie ca<e of pedigree on the other side, when Mr Richards objected. After the matter had been argued on both sides, the judge ruled that Mr Richards should begin. Mr Richards itated his case to the jury. It was an action of ejectment, brought by the lessor of the plaintiff, Mr John Lewis, 10 recover some lands now in the possession of MrsMarv Lewis, the widow of the late Mr William Lewis. The pro- perty ia question consisted of two farms, ode he Glyn, con- taining about forty.two acres, and another, the Hill farm', con- tatniog about thirty.silt acres of land, and a piece of land about two acres, all being situate at Newchurch and Shirenewlon, in this county. The farma and lands belonged to Mr W. Lewis, who died at the end of 1841, without issue. The lessot of the plaintiff it heir at law, and an attempt would be made to set op nmt will to make out a claim to the property, which will, h. believed, was executed at a time when the testator was in a atate of imbecility, in February, 1841, and would not pass any Property, for when it was made, the mind of the plaintiff was •er y gone *nd extinguished. Such a will was a mere piece »»nT"e ^ut be could go further back, and mention a «n. m,de in 1836, when he married the present defend- At ",ne he w»« in a state of imbecility, and after canvassing several ladies, he married the defendant, who was at that time named Prothero. The settlement does not name the whole of the ptoperty-only a part—so that if the settlement was valid, it leaves the other part of the question still unsettled -at this period of the case he was not at liberty to state more, and at present he would call witnesses to prove the pedigree of the heir at law. Jane Blore was called by Mr Alexander, and was about to be examined, when Mr Sergeant Talfourd said he would admit the pedigree, but not the seizing. He would admit the testator died in posses- sion of the property. Mr Sergeant Taliourd rose to address the jury on the part of iie^eriirant* the widow of the late William Lewis,—she married him in 1836, resided wiih him till his death, and proved the will without opposition. He could not help characterising this as an unjust attempt to deprive Nlrq LewIs of Ihe property. It was true that the testator bad made aevera) offels-il is% not unnatural that Mary Proihero, ha- ving accepted him, and nursed him in his sickness, should be left '.omfortable in her circumstances-it was but grateful. The Present action seeks to deprive her of every shilling, even to set taide the settlement upon the faith of which she got married- a settlement by which one of the farms was settled upon her. The learutd sergeant then described the nature of the property d.h,2 •b,?««n ,e-.l,'ed T° h" by ,he 'ettlement which was 2,!° "d d:,WD by Mr Hammond, a respectable his o'ln farm rV>U L° '*?' Wr who managed drove ver! hird h ,D'° °WQ co°"«ts, be believed, about that soul ar8aiD,» w>« incapable of giving directions ha^n e n Mr Lewi' liv°d 00 Glar* farm-he he dm orroer will, but at be found himself grow weaker, rtpn, enlnine^ ,0 nuke another, and give the whole of his pro- ofh' f° 14 '18t' 00 8real affection for the merabeis is taroily, for on one occasion he had warned his brother off his land, and in order to do justice to his wife he sent for Mr Hammond, and gave him instructions to make the will. The will, which bore tlate 23rd February, 1841, was read by the learned judge. It gave the whole of the property real and personal to Mrs. Lewis, in the event of her surviving the testa- tor. hIr Hammond wrote the will in the preseuce of Mr Lewis, who said it expressed his intentions, but he was unable to sign it, for his hand shook, and Mr Hammond said he had better write out a copy and sign it lor him. which was done in the presence of two witnesses. A person named Pask, a carpenter, heard the proposal made to Mrs Le",is, and Pask was one of the persons who witnessed the will. It was too often the case that persons in robust health neglected to make a will. IStit here was a case. The will was properly attested, and was exe- cuted at the time it bears (Ltle-he had friends to dine with him oq that day, the 23rd of February, and when he died it was tin the 28th of December. He should call witnesses who had opportunities of seeing Mr Lewis before and after that ti ne. He would show that after the will was executed, he drove hard biirgains-I)e would call Mr King, a medical gentleman who attended him after his marriage, in a fit of illness, and who had attended Mrs Lewis in her confinement with a stillborn child, and who had at that time frequent conversation with him while waiting at the house, for Mrs Lewis's labour was protracted- he would call two or three ministers of the Wesleyan persua- sion, persons of great piety and considerable intelligence. He would produce these witnesses to show that the deceased was not—at the time when he made the will-in an unsound itate of mind, and that his mind was, in fact, perfectly un- clouded. The witnesses on both sides having been ordered out of court, Joseph Hickworth was called, and examined by Mr Keating: Am clerk to the registrar of the Consistory Court of Llandaff. I produce the probate of the will of Mr Lewis. Cross-examined by Mr Richards I do not know of my o knowledge that the caveat was entered-proceedings are this raomen' going on. Mr Francis Hammond, solicitor, of Chepstow, knew the late Mr Lewis. Looking at a deed, he said I am the anestjog witness to that deed—I saw it executed by Mr Lewis; I drew the settlement; I had never been his solicitor before. 1 re- ceived instructions for the deeds from Mr Lewis-(deed read, dated 29th September, 1835. It was the marriage settlement.) Mr Lewis was in a competent state of mind to do any business in 1841. In that year 1 was sent for by Mr Lewis, who resided at the Glyn. He was sitting in the kitchen, and he said he sent for me as he wished to alter his will. I asked him in what respect—he said he wished to leave every thing to his wife. I said You mean every thing you have got to dispose of. He said Every thing. In pursuance of his instructions, I drew a will and submitted it to him for signature. James Pask was present, but I dont recollect if Mrs Lewis was. Mr Lewis attempted to sign it, but his hand shook very much. I said he had made an imperfect signature, and that I had better write it over again, and sign it for him. He said if it was not too much trouble, he should like it very mueh. 1 drew it up in the presence of Alt Lewis and Pask, the other attesting wit* ness, and belore signing, I read the will over to Mr Lewis, and asked him in the presence of the other witness if he wUhed me to sign his name, when he said he did. and after I had done so, he took it in his hand saying I acknowledge the signature to be made by my direction, &c., and I request you both to wit- ness it. Pask and myself witnessed it. It was between fcleven and one in the day. After the signature of the will, and Pask witnessing it, he asked my opinion on the subject of a deed. I went into a parlour and gave toy opinion upon the point he had asked. 1 had other conversation with him—be appeared to be in possession of his mental faculties. It was about a year and half since I had previously seen him. aud there did not appear any impiiring of the mind in that time, nor since I had pre- paied the marriage settlement. Cross-examined by Mr Richards Have known Lewis since Mrs Lewis since-I dont know how many times she was married to Lewis. Could not take upon myself to say she was first married at Bristol and then at Newchurch, and dont know how many other persons he had offered mar- riage. From the time of preparing the settlement to the time of preparing the will, I may have seen him three or four times; never beard who was professionally employed by him when I went about ihe will Mrs Lewis was there part of the time, and was in and out of the room from time to time; his heariog was good I read the will in such a tone of voice as he could understand it. I prepared the former will for him in my judgment he was perfectly competent to do any act of business he appeared perfeclly clennly in his habits, and was quite as sensible as men are at his time of life — when be made his will he appeared between 60 and 70, but Mrs Lewis was between 30 and 40. Was with him, I should think, about two hours—have not got the draft will I made -it was destroyed, but cannot say if before or after the will was made. Did not aay I did not know whether the will was destroyed before or after these proceedings commenced I have uo doubt the will was deatroyed, wtieo the last one vtoo madri Re-examined: The previoufc will was destroyed. James Pask, a carpenfsr, had known deceased for 30 years, who lived at the Glyn farm all that time. Witness corrobo. rated si' Sworn to by Mr Hammond respecting the will, and deposed to having seen deceased constantly till within three weeks of his death; that he was competent to manoge his affairs; and he never considered him crazy. t;, On the cross examination of this witness, it was attempted, without effect, to ba shown that deceased hrill tpken no part I r¡ the management of his affairs for a very long peiiod, and also that he was of dirty and disgusting habits. On witness being asked if he fcn's* now many times Mis Lewis was mar. tied to deceased, Mr Seraeant Talfourd admitted that two marriages had taken place. There was some doubt about the first marriage being valid. Hannah Davis deposed to having lived with deceased, at the Glyn farm. for a year befoie he died, and corroborated that portion of the former evidence relstiog to the executing the will, and to the state o' Mr Lewis's mind before and after it was made. Mr Lee ctosS-examined witness, for the purpose of showing the aeceased to have been childish, and of lilthy habits, but without effect. A man named Jenkim, a farm servant of Mr Lewis, was the nejtt witness called. His evidence was but a recapitulation of the former, and the same line of cross-examination was taken, but with no success. James White, a tailor, said he had known Mr. Lewis for 15 or 16 yaars, down to the lime of his death. He always ap- peared quite competent to manage his affairs, and never ob- iervi d any incompetency or imbecility. In cross-examination, witness said he was a man ot rleanly habi's, and never saw any Hung to the contrary, with one exception- The witness de scribed what he saw and oo re-examination said it might have resulted from a physical cnuse. John Phillips, a blacksmith, who worked for the late Mr. L"*is, never saw anything the matter with his mind. Rev. Thomas Armitt, a Wesleyan Minister, was appointed to the chapel, at Glyn, on several occasions in 1840 knew the ) t'e Mr. Lewis was in the habit of seeing him till about a tOllnlght before his death drank tea with him in my judgment he was capable of managing his affairs in the beginning of 1341 he was capable of making a will and disposing of his property. The Revs. Thomas Hunt and Benjamin Green gave similar testimony. ;\Ir. Thomas King, surgeon, of Chepstow, said he attenried Mr. Lewis in 1836 and 1837 attended him till he was quite well; it did not affect his intellects; attended Mrs. Lewis in her confinement, in 1840; had a long conversation with Mr L. at that time he appeared a clear headed man, r.ot of much conversation has sent to me for medicine for his own complaint. Mr. King here described the nature of the complaint, which fully accounted for the appearances seen by the witness White. James Geeves. a woodward, in the service of the Duke of Beaufort, *ho had been in the habit of collecting cot rents of 'he deceased, spoke of him as a man of sound mind. This closed the defendant's case. Mr. Richards then proceeded to call witnesses on the part of the plaintiff. John Thomas sworn 1am a mason; I knew the deceased from the time 1 was three years old I am thirty-eight; when I first knew him he was well in health about a year after he was married I observed an alteration in him he was in the n'.id talking to himself very loud, and did not take any notice ot me I heard him whoop out fifty pound" as loud as he cnutd Fifty pound they sold the yoke of oxen for, and I ne- ver received one halfpenny of the money." I have heard Mrs. Lewis say (January 1841) that his limbs failed him, that he v.ns quite childish, and that she was forced to manage the bu. siness herself; I cannot say how often 1 have heard her speak of him as childish, but it was as many as three or four times. (The witness here described an act committed by Mr. Lewis, tile particulars of which are not fit for publication.) In April, 1841, I went to him for some work he was sitting by his own rirK I gave him a price for the work I said I'm come to look about the work he said to Mrs. Lewis What does he say 1" Mrs. Lewis told him 1 had come about the work she told me to go to the buildings and she would come and show me what vtas to do. I said a price for the work to Mr. Lewis, and she stated it to him after me; he was deaf and dotish; he was quite childish I told him again what the price was, and he said Only do it rough i" I never heard a .nan in his senses say so-no mdn In histentescoutd say so. (Laughter.) Doing it rough is doing it badly. Then Mrs. Lewis said to me I had put too much of a price on the work he was present, but said nothing to that. (Laughter.) 1 said then I would do it by measure and value, or by job, or by day. I asked him what way I should do it, and he said Well." As the work was go;ng on 1 saw him from time to time. In reply to a question as to the general habits of Mr. Lewis, witness sid, If I had II known about this trial before 1 would have got some informa- tion about it." Mr. Justice Maule asked how many witnesses of that kiud it "ouidfake to let aside the will, for he supposed Mr Richards h,.d not put his worst leg foremost. Mr Richards: 1 believe 1 have, my Lord. .\1 r Sergeant Talfourd (to witness); Do you believe in wilches1 Witness: Yes, I do (Roars of laughter.) Mr Sergeant Talfourd You may go stand down. Esther Richards sworn I lived with Mr Lewis, as his ser. valJt, for some yeais when I first went to live with him he < wai quite smait; he had a hurt fiom a waggon three or four years after J went to live with him (in 1826), it went over his ( head he "113 never so well afla the accident he got worse aftei I left him in 1830 when I first went to live with him he I (id nu' 30 atiout talking, hut he did before I left. He talked about the victuals we eat in ihe house as be went along the a rosd. (Laughter.) After his first wife's death he wanted me j to rrniry him. I declined he was not lit to many then. s When 1 left, Elizabeth Prothero (Mrs. Lewis's sister), went ) to live with him. When I Itfi I don't ihink he was capable of' transiting business, he did nul ¡;oto the market then, or visit :1nyb"dy: his habits at dinner were dirty he blew his nose 11.1 s dinner in his hand, the two preachers observed him (Mr Wilson [ and :\lr. Broadmead); they are not here; these habits of his continued up to the time I left him he had been hurt on the « lieul before the lime of the waggon; his memory did not get belter before I left him he could not think of anything longer than a day. C'rofs-examined by Mr Sergeant Talfourd What I have been talking about occurred 12 or 13 years ago ( did not think 1 he was mad because he wanted to marry me. (Laughter.) 1 j «on't tell any body about whether he courted me or not. ( ( Rnars of laughter.) Mr Richards here rose and expressed his ulJwillingness to I proceed. It was evident the defendant's case had made an s in:,>iession on the jury, and he did not think he could remove Ibat impressio11. Mr Justice Maule soid it was perfectly ridiculous, the man is j'toved 10 be a sensible man and the.e people are brought heie to prove things which occurred many years ago. r e learned judge then directed the juiy to find a verdict for the de. feod ant. Th Mr. Richards begged to make one observation. e attor- j □ey for the lessor of the plaintilf had been misled as to I e acts, and the lessor of the plaintiff, who was an o man, a eaid g the trial, and was perfectly satisfied. Mr Justice Mauie: No doubi, they are a very sensible fa. mOn application of Mr. Sergeant Talfourd the judge certified ( is there was unother case dependent on the issue of this.

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