The case of Tatham versus Wright, which has been so
often before the public, again came on for trial at Lancaster on Tuesday. It will be recollected that it is an action of ejectment by the plaintiff, Admi- ral Tatham, to obtain possession from the defendant of his right as heir-at-law of very considerable property, to which the latter had suc- ceeded under the will of' Mr. John Marsden, late of Hornby Castle, near Lancaster. The question upon which the decision of the cause rested, was the capacity of the testator to make a will. Mr. Cress. well, Mr. Starkie, and Mr. Peel appeared for the plaintiff; Sir F. Pollock, Mr. Wightman, Mr. Tomlinson, and Mr. Martin for the defendant. In consequence of the form of the pleadings, the opening of the case fell upon the defendant. Sir F. Pollock addressed the Jury on his behalf; and after entering minutely into the facts, which it is not necessary to recapitulate, read over a great number of letters written by the testator, with the view of proving that he was perfectly competent to devise his property by will. The whole was not con- cluded until six o'clock in the evening; so that the address had occu- pied no less than seven hours. The examination of the witnesses was to commence on the succeeding day.
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