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at Duff House by George Wilson; that the Earl was not then present, nor did he ever acknowledge his signature to that witness. The answers of the defenders to these averments were, that the witness (Wilson) was not present when the Earl signed the deeds, but his Lordship subsequently duly acknowledged his signature in hearing of Wilson. The blindness of the late Earl, to the extent found in the former trial, was admitted.

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George Wilson-examined by Mr Jeffrey. Was factor to the late Earl of Fife, at the time of his Lordship's death, and possessed a small farm on his property. He recollected signing some deeds, the last time the Earl was in Scotland, and just before his Lordship went to London for the last time. The deeds were signed at Duff House, on the 7th October, 1808. His name and designation formed part of the testing clause, which was written by him. He did not see the Earl sign the deeds; he was perfectly confident he did not see him sign any part or page of them. Witness was in what was called the charter-room, in Duff House, when he annexed his signature. Mr S. Souter was in the room, and Mr Forteith came in before the operation was finished-this might be about noon. Mr Souter brought the deeds into the room, where witness had been for some time alone. It was at the request of Mr S. that witness filled up the testing clause, and annexed his name. The Earl of Fife had neither at that time, nor before signing, acknowledged to witness the signatures to the deeds to be his. Witness filled up the clause at the request of Mr Souter, without having heard the Earl say anything about the deeds-he was quite confident of that. He had never seen the deeds at all to his knowledge before that day. His attention was first called to the circumstances under which

he had annexed his signature, soon after the death of the Earl, on hearing that the deeds were to be proved at Doctors' Commons, and that he would have to go to London as a witness. The Earl died in January, 1809; his remains were brought to Duff House for interment, soon after,and it was about the time of the funeral that it was proposed to go to prove the will. He had a distant recollection of Mr Forteith coming into the room about a quarter of an hour after the deeds had been brought in by Mr Souter, who dictated the testing clause to witness first on a scroll, and afterwards from the scroll to the deeds. The name of Mr Forteith was at the deeds, he thinks, when brought to the charter-room; and he was sure he did not see the Earl in that room at any time during the filling up of the testing clause, or of adhibiting his signature to them. There was a desk in the window at which the witness sat, and that windowlooked into the park, from which he saw the Earl and Forteith walking from the house towards the shrubbery. This was after Mr Souter came into the room with the deeds; but almost immediately thereafter, he observed Mr Forteith repass the window without Lord Fife and enter the house. He thinks that the testing clause of one, if not both, were filled up when that gentleman entered the room. The deeds were afterwards taken away by Mr Souter, and witness never again saw them during the lifetime of the Earl. He is quite sure that he did not at any time that day see the Earl and the deeds together at the same time. The witness then went on to detail that there had been a monthly meeting of the tenants the day before, and that he and others had breakfasted with the Earl that morning. He saw Lord Fife at dinner, when something was said about

papers. Witness signed the deeds, because he saw the name of the Earl on the last page. It was customary at Duff House to sign as witness to deeds he had not seen the Earl affix his signature to.

Cross-examined by Mr Moncrieff. -Had been bred as a man of business with Mr Young, at Banff, and knew the rule of witnesses signing. He had been in the service of Lord Fife from 1804 till his death, and was well acquainted with his Lordship's signature. He had no doubt but the signatures at the deeds were genuine. He knew when he signed as witness to the deed, that they were deeds of settlement, and that Lord Fife had had a good deal of correspondence with Mr Inglis about them. Shortly after the deeds were executed, (perhaps a fortnight but not a month,) his Lordship went to London by land. His Lordship was then between 70 and 80 years of age. Witness received several letters on business from his Lordship from London, which were signed by his own subscription. His Lordship took a great interest in the affairs of the country; and was very conversant in country mattersbeyond which the witness did not consider himself a competent judge. Earl Alexander succeeded Earl James in the entailed estates, but survived him only three or four years. Witness first mentioned the circumstance of not having seen Lord Fife sign the deeds to Mr Cook, when that gentleman was north making inquiries before commencing the process of reduction. At dinner on the 7th October, the Earl said he was glad that the matter was now settled; witness supposed from that, that every person present knew what was meantthere was nothing more said. At breakfast he heard Lord Fife say to Mr Souter, that they would take "another spell at the deeds."

By the Court. He never heard Lord Fife at any time acknowledge his signature, though he had signed witness to a vast number of deeds, which he neither saw his Lordship sign, nor heard him acknowledge.

Mr Duff Bruce, formerly steward to Lord Fife, stated that he was at the meeting of tenants on the first Thursday of October. On the following morning his Lordship said he was making some arrangements, which would be beneficial to him (witness.) The witness, after breakfast, observed Mr Souter come from the low parlour and go into the charter-room, carrying papers. Shortly after, the Earl and Mr Forteith came out from the low parlour, and went out of the house, going in the way of the garden and shrubbery. They walked out without entering into the charter-room. Lord Fife returned to the house about three o'clock; his Lordship entered the house by the front stair and not by the low door.

Alexander Gill, ground officer, gave evidence to the same effect; only he said the Earl and Mr Forteith came out of the parlour first, and Mr Souter after them.

William Minty, servant to the late Lord Fife, stated, that Mr Souter left the low parlour, carrying papers, before his Lordship and Forteith left the house, which they did without entering the charter-room.

Edward Garland saw Lord Fife and Mr Forteith leave the low parlour and go out of the house. Mr Souter came out of the same room after them, and entered the charterroom.

Mr Forteith Williamson was secretary to the late Earl of Fife. Was aware that his Lordship executed certain deeds about the latter end of 1808. His name appeared at those deeds as witness, along with that of Mr Wilson. Witness annexed his

name to the deeds in the low parlour, and was present and saw Lord Fife sign them. He had no recollection of Mr Wilson subscribing. After the deeds were signed in the low parlour, they were carried by Mr Souter to the charter-room. Witness and the Earl followed Mr Souter across the hall to that room, in which Mr Wilson was sitting at a desk. Mr Souter was dictating the testing clause when witness and the Earl entered. They remained till the deeds were completed and sealed-up in a packet. During all that time he did not hear Lord Fife acknowledge his subscription, or address anything to Mr Wilson. Never heard Lord Fife acknow

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ledge his subscription, though it was 7.-OLD BAILEY SESSIONS, LONDON. customary to call in witnesses.

Cross-examined. He was aware that Lord Fife had been for some time in correspondence about the preparation of the deeds. He was anxious and impatient about their execution; some time, however, elapsed between their arrival and completion. Lord Fife was a considerable time employed in signing the deeds. He was sure that Lord Fife was sitting at the fire in the charter-room, while Mr Wilson was writing the testing clause to the diction of Mr Souter. His Lordship was behind Mr Wilson, and that gentleman might not see him.

The examination of this witness closed the case for the pursuer,

Mr Moncrieff then addressed the Jury and Court for the defenders. The Lord Chief Commissioner then charged the jury.

The Jury retired for about twenty minutes, when they returned a verdict, finding-" That the trust-disposition and deed of entail, dated October 7, 1808, were not the deeds of the late Earl of Fife." On the second part of the issue they found for the

TRIAL OF PROBERT.

This morning these sessions commenced in the Justice Hall, Old Bailey, before the Right Honourable the Lord Mayor, Alderman J. J. Smith, the Recorder, Mr Sergeant Arabin, the Lord Chief Justice of the Court of King's Bench, and Mr Baron Garrow. The first prisoner put to the bar to be arraigned was William Probert; he was respectably dressed in a black coat and waistcoat, drab breeches, and top boots. He appeared in excellent health and spirits; he did not seem to be in the least fear as to the result of his trial. He sat in the dock prior to the Judge coming into Court, and was occupied in perusing the defence he had drawn up. Every eye in Court was fixed uponhim most steadfastly. Being placed at the bar, he addressed the Court to the following effect:

My Lord, I have been able to employ a solicitor, but I have no counsel, and at present my friends have not been near me with any money. I have, therefore, to request the

indulgence of the Court for a few hours." Mr Barry at this moment arose and said, " Mr Probert, I will take your brief." The prisoner appeared very thankful.-The prisoner was then put on his trial for feloniously stealing a mare value L.25, the property of Andrew Meredith. The prisoner pleaded not guilty.

The first witness called was the prosecutor.

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Andrew Meredith-I am a miller, living at Recardon, in Gloucestershire. Know the prisoner at the bar. On the 10th of February I had a black mare in a small orchard of mine; on the next morning (Friday) I missed the mare from the orchard; about nine days or a fortnight before the mare was missed, the prisoner called on me two or three times ; after I lost the mare, I went and watched about his mother's house, who lives about two miles off, where the prisoner had been living two months. I went to a place called and on Sunday morning I went to Gloucester, from thence to Cheltenham, and from thence to Andover, and then to London, where I arrived on the following Saturday, when I saw the mare at Bow Street, in the possession of Ellis, the officer. I had had the mare two years last September. The mare appeared much distressed; her tail had been cropped, and her mane cut, and she was much altered, yet I can swear she is the mare.-Cross-examined by Mr Barry: I bought the mare two years ago; she is of a black colour; I can swear positively she is my mare, though she has been roughly used. There is a particular mark upon her, a white mark; if she was turned out amongst a thousand, I would point her out. Probert here handed a paper to Mr Barry.-Cross-examination continued: Never heard my wife say she had lent the mare to Probert.

Mary Meredith-I am wife to the last witness; know the prisoner; he had been living at his mother's from haymaking last; he had been at my husband's three times. He saw the mare on Tuesday the 8th of February, about a quarter before eight in the evening. The prisoner came into the fold with a little boy, and a candle and lantern in his hand. The little boy was his son. He asked me if that was where we kept the mare. I said sometimes, and sometimes in the orchard. He then came into the house and stopped there till near ten o'clock, and then went away. On the Thursday I saw him again at his mother's house, about half-past twelve o'clock in the day.

Mr Barry begged the Court would allow him to cross-examine this witness at a future stage of the trial, which was acceded to.

Andrew Meredith, son to the last witness, a lad of about 14 years of age, knew the prisoner; remembered the prisoner speaking to his mother about the mare on the Tuesday, and heard him ask her where she kept the mare. She said in the orchard. On the Thursday night before the mare was missed I left the gate on the latch, and next morning I went to fetch the mare and found her gone. I saw the mare on Monday last, and it is the same mare that belonged to my father. Her tail was cropped, yet I knew her; she is black, with a white star on her forehead, and a mark on her back where the saddle hurt her. Cross-examined: There are many other black horses in Gloucestershire with white marks on the forehead, but I am sure she is the mare.

Richard Stammers. I am ostler at Mr Francis's, a livery stable keeper, in Phillimore Place, Kensington. On the 16th of February, the prisoner came to my master's about seven o'

clock in the evening; he brought a black mare with a saddle and bridle; she seemed to have had a hard day's work. He said, "Ostler, will you take care of my mare?" I said, "Yes, sir," and took the mare into the stable. He said, he had rode her 40 miles that day; and requested I would feed her well. He then gave me his spurs, and said, he did not know whether he should fetch the mare himself, or whether he should send for her. He then asked me my name, and I told him my name was Stammers. He then asked me my Christian name, and I told him James. He then said he should send a note, directed to me, to deliver the mare, and then went away. Next day a man, named Fruin, brought me a note from the prisoner, directing me to deliver the mare to the bearer. Fruin paid me for the keep of the mare before he took her away. She is a strong mare, and rather more than 14 hands high. Cross-examined: I had not seen the prisoner before to my knowledge.

James Fruin.-I am a green grocer in Carnaby-street, Carnaby market, and have known the prisoner five months before last haymaking. I always knew him by the name of Thompson. On Friday night, the 18th of February, he came to my house and asked if I knew of a lodging; I told him I did not; he said he saw one as he came through Crossstreet; (he had called on the preceding Wednesday ;) he went away and returned again, saying he had taken the lodging for a week, and he had some bread and cheese, and he sent out for a pot of porter; he asked me to call on him on the Thursday; I said I would, and I called between ten and eleven o'clock in the morning; he said he had got a horse from the country for sale, and if I would sell it he would give me a sovereign for my trouble; I went at the priso

ner's desire to inquire when the saledays were at Dixon's; I returned and told him Dixon's sale was on Friday, in Barbican; he then desired me to call again in the afternoon, and when I went he wrote three notes; the one (the order) now produced is one of them; he sealed two of the notes up, and gave me them to deliver; he told me I was to take one of the notes to Mr Cousins, the right hand side of High-street, Kensington, the other to give to the ostler, and the other to Dixon's; I went to leave the letter at Mr Cousins' first, and then I presented the one to the ostler and paid him 4s. 6d. on the delivery of the mare; I then rode her in the direction desired by the prisoner, towards Barbican, and delivered her to a man at Dixon's Repository, together with the note; I then returned home, and the prisoner asked whether anything was said; I told him the man said he had opened his mouth too wide; I spoke to a man at the Repository, and he is here now; I afterwards saw her sold at the hammer for twenty guineas; I saw the prisoner that night, and told him she had sold for eighteen guineas, thinking to surprise him when I told him she had fetched twenty guineas.-Cross-examined: There is a mark on the mare's back caused by the saddle.

David Lughton.-I remember a black mare being brought to Dixon's by the last witness, with a note with her. The note produced is the same note. Fruin came next day, and I told him I thought she was marked at too much money, the price being named in the note thirty guineas. Fruin said she must be sold, fetch what she would. She was sold next day to Mr Eames for twenty guineas. I afterwards saw the same mare at Bow Street.

Mr Eames. I am proprietor of the

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