8 APRIL 1854, Page 6

Isrunitirro.

The election for North Durham, in the room of Lord Seaham, now marl Vane, took place on Saturday. Lord Adolphus Vane was returned without opposition.

The Bishop of Rochester held a visitation in last July, at Rochester ; and complaints were submitted to him by Mr. Whiston, and Mr. Shep- herd, a Minor Canon and Precentor. The Bishop has at length forwarded his judgment on those complaints to the Dean and Chapter and the com- plainants. Mr. Shepherd requested an increase in his allowance ; the Visitor declares the complaint not within his cognizance. Mr. Whiston's complaints are dismissed, relating to the selection of scholars for the Universities, fees taken from boys and bedesmen, and non-fulfilment of statutes, either as not within the cognizance of the Visitor or presenting no ground for interference. The complaint of the lay clerks, praying for an increase of salary, is also declared to be not cognizable by the Visitor.

The 'Reverend Robert Scott, Prebendary of Exeter, Rector of South Luffeitham, and one of the authors of the Scott and Liddell Greek Lexi- con, has been elected Master of Balliol.

Mr. Bryan, a preacher of the Baptist denomination, of some standing among the sect at Oxford, has conformed to the Church of England. He was confirmed last week at Thatcham, near Newbury, by the Bishop of Oxford.

Nearly all the principal towns in the Eastern counties are experiencing the effects of the plenary powers vested in Lord Palmerston by the act of last session "for amending the laws concerning the burial of the dead." The Churchwardens of Norwich, Bury St. Edmund's, and Ipswich, have received notices from his Lordship, that it is his intention "to represent to her Majesty in Council, that for the protection of the public health, no new burial-grounds shall be opened without the previous approval of one of the Secretaries of State ; that burials be discontinued forthwith within the churches, and from and after the 1st of February 1855 in the church- yard of the same." In the mean time, he suggests the establishment of " Burial Boards" to provide new places of interment.

The agricultural prospects of the Eastern Counties are exceedingly sa- tisfactory. The young wheats are luxuriantly healthy ; the labours of the farmers are well advanced; and the lambing season has been one of the finest ever known.

After a debate of three days, the Liverpool Chamber of Commerce de- cided, an Saturday, by 27 to 18, on adopting the recommendations of the Connell in favour of limited liability in partnerships. The whole discus- sion will be published in a pamphlet, and then a poll will be taken with the view of obtaining an authoritative decision.

The Earl of Bective was returned for -Westmoreland, on Friday, in the zoom of the late Mr. Alderman Thompson. The new Member promises to tread in the steps of hi predecessor.

The death of Lord Mostyn, and the consequent elevation of his son, Mr. Edward Lloyd Mostyn, to the Peerage, creates a vacancy in the re- presentation of Flintshire. Lord Mostyn died on Monday, at St. Asaph.

Sir Alexander Cockburn, having accepted the office of Recorder of Bristol, and thereby vacated his seat in Parliament, is sent back to his ent for reEleethn.

A petition in favour of the new Reform Bill has been signed in Yarmouth by 1690 persons. The present electoral body does not exceed 1500. A meeting in support of the bill is also proposed to be held at Norwich.

The strike of the seamen of the North-east ports last an end: they have relinquished. the claims which they had not been unanimous in demanding, and have returned to their ships ; where they could,, for a thousand non-union men have displaced as many of the strikers: The Hartlepool owners have taken a promising step to prevent future disputes, by publishing a scale of wages, in which the pay fluctuates with the rate of freight; the wages for the London voyage ranging front 34 Lg.& to 71. 158. The sailors are much pleased with this scheme.

The. turn-out of the porters on the Midland Railway, after extending to- other towns than those where it originated, was terminated by the grant of their reasonable request. Mr. Allport, the general manager, originated the proposed alteration in the period of paying wages : he says his only motive for proposing a fortnightly payment was, that it would have been more convenient to the office—he had no desire to initials the men.

A great number of navvies have met on Sunderland Moor, and' re- solved to strike for sixpence a day advance ; as the price of provisions is high, and their laborious work demands plenty of food. The men corn- plaine& much of the '4-Tommy shops."

The sitting Judge at the Kingston Assizes, Mr. Baron Parke, and a Special Jury, have been occupied four days in trying an issue sent down from the Court of Charicery respecting the validity of a will made by the late Duchess of Manchester, in October 1848. The trial began on Saturday last, and was finished late on Wednesday evening. Sir Frederick Thesiger, specially re- tained, Mr. Sergeant Channell, Mr. Willes, and Mr. Green appeared for the

plaintiff '

, the Duke-of Manchester. the Attorney-General, Mr. Bramwell, Mr. Bovill, and Mr. Ilochfort Clarke, for the defendants-, the children of the late Duchess. Sir Frederic& Thesiger, in his opening speech, said that theiesue had been directed to be tried upon a bill filed by Lady Olivia Sparrow, the mother of the late Duchess, on behalf of the defendants, her grandchildren_; and the Jury would have to decide whether the will was valid. Lady Olivia impeached it, on the allegation that the Duchess, at the time she executed the will, was not in a state of mind to enable her to execute such an instrument, and that her husband had exercised an undue influence over her at a time when she could not resist such influence. It was to be regrettedthat the Duke of Manchester, who has no pecuniary interest in the will, had been com- pelled to come forward to vindicate his character from the most eruel calum- nies; and he was not to blame in making public private family eireumstaneee which it would have been desirable to keep concealed. The first witness examined was Dr. Verity;, who described himself as a physician of upwards of thirty years' practice. He became acquainted with the late Duchess in 1821, before her marriage • and had professionally at- tended her at that time, and continued intiruately acquainted with her until the day of her death. The Duke and Duchess lived on the most affectionate terms. In 1848, Dr. Verity visited them at Tunbridge Wells ; and there the Duchess complained to him about the conduct of her sons, Lord Frederick and Lord Robert Montagu, and expressed ass anxiety about making her will. Subsequently, the Duchess and Dr. Verity went to- Brampton, the seat of Lady Olivia Sparrow, and there the Duke joined them. At Bramp- ton, the Duchess had a severe attack of hysteria and convulsions, and a second just after she had recovered from the first. She again got better, and was removed to Kimbolton Castle. Here Dr. Verity, after a brief absence, found the Duchess again ill. But her brain, if at all affected, seemed to grow clearer as the malady made progress; and between the 21st October and the 10th November she was able to attend to business. Dr- Verity mentioned the will to the Duke; who said "There is a will." Shortly afterwards' the Duke said the Duchess had spoken to him about her will, and asked him if he thought she could transact business. Dr. Verity went to the Duchess: he found her "nicely, calm, and collected" ; stud on tell- ing her there was some business to transact, the said " Oh, the will I sigi- pose ? " The will was then taken in and signed by the Duchess,—Dr. Verity steadying her hand,—in the presence of Dr. Verity and Ur. Beauford the

steward : after signing, the Duchess said, firmly, deliver this as my act and deed." No one suggested this to her, and she perfectly understood what she was about. Cross-examined, Dr. Verity admitted that the Duchess had been subject to some delusions,—such as that she had been delivered of a baby ; but he had no memory for such things. He could not say whether he had talked to Lady Olivia Sparrow about this delusion. The signing of the will appeared to him a very natural proceeding. She was suffering from mental disease ; her mind might have wandered for twenty-four horns, but she was competent to transact business. He would swear he had never said that if the Duke alienated the property from the children of the Duchess, he would come forward and prevent him by proving that the Duchess was not in a fit state of mind to make a will, Mr. H. W. Beauford, the steward, deposed that the Duke had instructed him to get a will prepared ; that he went to Mr. Pearse, a solicitor, of Bed- ford, instead of going to the Duke's solicitor at St. lye's, because he thought the Duke wished it done as quickly as possible ; that at first he did not tell Mr. Pearse who the will was for, but that there was no mystery in the matter. He believed the will was executed on the 26th October.

Mr. Pearse corroborated this statement. There was nothing at all unusual in the transaction. He had inserted the clause that the property was not to be upon trust, because be was given to understand that the Duke was to have absolute power. Mr. Pearse believed the will was drawn up on the 27th October.

Dr. Merrion, who attended the Duchess at Kimbolton, said she was labour- ing under an attack of acute mania. When he left her on the 11th of Oc- tober, she was certainly not in a condition to transact business.

Mr. Hurst, a surgeon, who attended the Duchess until she died, deposed to her delusions and delirium ; but he did not observe "any great exhibition of excitement" after the 14th October,

The Duke of Manchester was examined. He stated that he was married to the late Duchess en the 8th October 1822. Kimbolton Castle is the pa- ternal property of the Duke of Manchester. The Duthess had absolute con-

trol over her estates in Ireland. The Duke described how Lady Olivia Spar- row, the mother of the Duchess, interfered much with her daughter, and

with the children, endeavouring to destroy their feeling of affection for their parents ; how before 1848 the conduct of Lord Frederick and Lord Robert had given him great uneasiness ; how the Duchess was taken ill at Tun- bridge Wells, and subsequently at Kirnbolten ; and how he saw her daily, and prayed with and read to her. One day, she said, "Oh I Mandy, [the

Duke's second title, which he bore at the time of his marriage, is Maudeville,] I don't like my will at all." The Duke asked if she would like to

make a will leaving the Rroperty to him, but bearing on the face of it that he should carry out her wishes. She seemed pleased with the proposal. The Duke said he read the will to the Duchess, and the seemed quite satisfied. While it was executed he remained in the drawingromn. He afterwards saw the Duchess frequently, and conversed with her about the will. Cross-examined, the Duke repeated, that he and Lady Olivia Sparrow did not get on well together. The Duchess did not take the sacrament during her last illness, and he believed it was because Lady Olivia was in the house. One day Lady Olivia said to the Duke, in refere_ncelo.the Duchess, "I have

great power over her ; l ;Myer had greater power over her in my life." She acted "painfully "-,-" aUd once endeavoured to go inte the Duchess's bedroom without the sanction far the medical attendant, At the time the will was executed, the Duchess was not in immediate danger; Mit she was in 4 hail state. Lord Frederick "acted in 4 painful manner," and the Duke emit hint away. The Duke bad married agate ip 1050. Ho had made a will, and renewed it on his marriage. The Attorney-General called for the will, hut it was refesed. He then tusked whether the Doke had dis- posed of the property aecordiag to the wishes of the Dechess : but Baron Parke ruled that the question could not be put. Again examined, the Duke said that in 1862, when he made a settlement upon Lord Mandeville, he ex- pressly stated his intention not to alienate any of the Irish property from the Duchess's descendants. He was not aware that a clue was introduced into the settlement giving the property, to his children by the second mar- riage. He had told Lord Man4ev4e that he was a fool Mite made the cats- paw of Lady Olivia,

Mr. Nicholls, solicitor, stated that he has prepared the draught of Lord Mandeville's marriage-settlement. He altered the limitation from Lord Mandeville to the Duke of Manchester ; and the Duke said that the contin- gency was 40 remote it was not of much importance.

The case for the plaintiff having closed, the Attoruey-Geueral commented on the evidence,, and put in several witnesses. Elizabeth Carr, the nurse to the Duchess, deposed that the Duchess was very violent when the fits came on, raving and talking incoherently; but she was sometimes rational for half an hour together. This witness repeated the story about the Duchess's fancying she had a baby, and caressing the pillow thinking it was an infant.

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She had a very bad sore n her back, but only complained of the pain once. She frequently asked for her mother, and why she did not come to see her. Witness had been first questioned on the subject at Brampton. Lady Olivia sent for her. She ` behaved like a lady," and gave Carr five pounds. Madame Jenny Faravelle, lady's maid to the Duchess, and now in the service of Mrs. Sideey Herbert, deposed to the " delusions " of the Duchess, and her viglenee. While the fits continued Faravelle was obliged to use all her strength to hold her, The Duchess had no memory. At one time she fancied that she was in a beautiful garden, and at another that the Queen was in the room. Faravelle did net believe the Duchess to be capable of transacting business during any part of the time she was at Kimbolton. The Duchess frequently wanted to see her mother. Ones she was brought in, and the Duke in a great passion told Faravelle net to dare to admit her again. On the day the will was signed, Dr. Verity said, "Faravelle, you aro not to say anything." She was in the dressing-room while Dr. Verity and Mr. Ileauford were in the room with the Duchess; beard voices, and heard "the rattle of a pen over paper." The Duchess was not conscious. Lord Robert Montagu deposed that he was at Kimbolton when his mother was ill. He only saw her for a few minutes at a time, except once, when she suddenly asked him if he had married the housemaid, and if Mande- ville had made a low marriage. He replied, no ; and asked what made her think so • to which she replied, "Oh! they told me." In June 1850, he had two conversations with Dr. Verity ; who said, if he were asked "in the abstract" whether the Duchess at the time of making her will was in a fit state to dispose of her property, be sheuld certainly say not. Mr. Alexander Haldane, a barrister, stated that he had been active in getting up this proceeding, because he felt a great wrong had been done. Lady Olivia Sparrow never impugned the character of the Duke, except with regard to the settlement made in 1&52 after his second marriage. When he first saw the draught of the settlement, he made some alterations in it, with the view of carrying out the will of the Duchess; but when it was returned to him his alterations were struck out, and a clause was in- treduced giving the children of the second marriage an interest in the will, to the otelusion of Lady Olivia the mother of the Luiche,ss. Dr. Verity had told him in 1850, that if asked in the abstraot whether the Duchess was in a fit state to make a will to alienate her property, he should without hesitation say she certainly was not ; and that if the alieuation were attempted,

i he would come forward n any court and repeat what he had said to Mr. Haldane.

Lady Olivia Sparrow, the mother of the Duchess, repeated the story of the illness of her daughter as told by previous wiMesses. She said that her daughter, duripg her illness at Ir.imbelton, was always delighted to 444 her; but she thought au undue influence was exercised over her to alienate her affectiens from her mother. The puchess was certainly not in 4 fit state to transact business. Lady Olivia had not heard of the will until 1819. She would swear that he had never said to the Duke that she had great, never greater, power over her daughter ; but she might have said it to some one else. She repeated what had been said before, that Dr. Verity had said the Duchess was not in a fit state of mind to make a will.

Dr. Sutherland, Dr. Mayo, and Dr. Conolly, from what they had heard of the symptoms exhibited by the Duchess thought that there must have been a disorganization of the brain; that delusions woken of could not haVe been produced by opiates; and that 4 person in such 4 state wile not in a condition to make a will. But, in reply to Sir Frederick Thesiger, they admitted that a medical gentleman in attendance upon a patient would, ,9f course, be better able to give an opinion than one who had spoken theoreti- cally. This closed the ease for the defemlents. Sir Frederick Thesiger having addressed the „fury, Berea Perke summed up. He said that the real euee- tion at issue was, whether the Duchess 9f Manchester, at the time she executed the will, was in a competent state 9f mind to do so. To make a will valid, the person making it should be of sound mind. But the circum- stances of the case must he taken into consideration. The law narrowly watches a case where on a deathbed property is devised to a stranger ; but here were a husband and wife living ni the greatest affection, and, if the Plaintiff wa,s to be believed, an intention was expressed, long before the in- ent was executed, of a desire to carry out the views it contained. The Judge absolved the Duke from all possible blame so far as coercing or in- fluencing the Daohess was concerned.

After deliberating half an hour, the Jury returned a verdict for the plain- tiff; thus establishieg the validity of the will.

Mr. Edward Brenton Vance, a Fellow of King's College, Cambridge, died suddenly on Saturday night, from the bursting of an aneurism of the heart, under very remarkable circumstances. Soon after midnight, he entered the house of a woman a the " unfortimate " class, at Oheatertoa ; theri be was

kal.

seized with fa illness, and he died in * few niiinitek. Motherellow of Ring's College was near at hand, and was called in by the frightened Wo- men. Mr. Vance had been tinder treattoeut for disease of the heart. 4. Co- roner's Jury found* verdict of "Died by the visitation of God." It has been noticed as a fatality in his fimaily, tlia,t the father of the deqwed, 4 surgeon, met his death at the hands of un Mame patient, who threw him with violence from a window ; a brother died from the effects of 4 fall, while at college at Oxford; a second brother was drowned; aucl a Piger4 Yet PArVivin4: was needy burnt to death.

On the lt5thMarch, ColoneJ Gordon, of the Royal distinguished veteran, in his sixty-seventh year,—died suddenly, in a railway-Carriage kal- tweet' Stafford and Crewe. After the interment, circumstances came to light Which led to the exhumation of the body and a Coroner's inquest. The in-

quirywas held at Crewe, last week. It appeared that Colonel Gordon left Lendon for Aberdeen WI the night of the 1&h; he travelled in the mail-train. but purposed "going cheap," as 4 third-class passenger. In the same car- nage with him, but in another compartment, was a man drunk, who an- noyed the other passengers by his bad behaviour. At Stafford, a passenger complained; whereupon Inspector Saunders took the offender out of the compartment in which he had so misbehaved, and wished to put him intq that occupied by Colonel Gordon. The Colonel protested against the intru- sion, and offered his card; the Inspector answered him insolently, seized him by the shoulders, and said he should leave the carriage : the Colonel is sup- posed to have been struck ; eventually he succumbed to the violent Inspec- tor, and the drunken man was admitted. Colonel Gordon intimated an in- tention of prosecuting the Inspector for an assault, and asked the names of three fellow-passengers as witnesses, but did not take down their names : he seemed as if he were going to sleep ; presently his head began to droop, and when the train arrived at Crewe he was dead. This was the evidence of three passengers who sat with the deceased. Saunders and other officials denied that the man put into the compartment was drunk. He "walked into the carriage with his hands in his pockets." A guard said it was "not unusual to find third-class passengers who had taken a few glasses of liquor." Sir John Liddell, who made a post-mortem examination, ascribed the death to a long-standing disease of the heart: any sudden excitement would be likely to cause death. The Jury returned a verdict of " Manslaughter " against Saunders.

Saunders was put on his trial, at Chester Assizes, on Thursday. Evidenoe 4ialiiar to that given at the inquest was adduced. When Sir John Liddell was cross-examined, he said the Colonel's life was at all times in great peril. His death might have arisen from the excitement which took place previously to the prisoner's laying hands upon him : it might have followed in the course of half au hour. The Judge—" Can the Jury, after that, say that the death was caused by the violence of the prisoner ? " Mr. M'Intyre said, after that intimation he would not press the ease: and a vet diet of acquittal was recorded. Mr. Justice Crompton said, he could not say that they had any right to turn Colonel Gordon out of the carriage, or to put in a drunken man; but these were questions which they could not decide, not having beard the other side of the case. But it struck him that the conduct of the railway officials was not justifiable.

The misconduct of John Lee, a wheelwright of Manchester, has caused the death of Mr. Reid, the stationmaster at the Victoria station in that city. I.ce, who says he had been drinking, applied for a ticket for Oldham, but was told he was too late : in spite of this, he ran on to the platform and jumped upon the step of a carriage as the train was moving off—all the doors on that side being locked. Mr. Reid told him to get off; he refused; Mr. Reid got on the step and attempted to remove him, but failed; Mx. Eckereley, an inspector, jumped up to assist Reid ; Lee then suddenly loosed his hold, and all three fell down between the moving train and the platform, Mr. Reid fell under the wheels, and the train crushed his skull ; Mr. ROLM'S- ley had a narrow escape, the axle-boxes scratching and tearing his face and cutting his lip ; Lee escaped with torn clothes. Ou Tuesday, 'Lee was fined forty shillings for the breach of the Railway Act in attempting to enter a carriage without a ticket. The unfortunate Reid had been in the Company's service fifteen years : he has left a widow and three children.

The upper part of the Earl of Sefton's mansion at Croxteth Park, near Liverpool, has been destroyed by fire. Lord Sefton and his family are at Paris.

Reports have lately appeared in the London journals stating that Croydon is again suffering from the fatal epidemic which gained it some notoriety in 1852: but it appears that they are without foundation. The town is re- ported to be remarkably healthy ; a statement el:maimed by the Registrar's report of mortality.