Oxford, Thursday, June 29...
I INISX rRIUS UOUBT.-BCfbre AMr. J&icc LITTT-rFnArw 'Etus was an aetomt of trover by the executors ot John Sirarns de- ceased, to recover the value of a promiiosry-note made by two per- sons named Chandy, and a woman namned G0ifrev, forIO0L, Parsa ble to the testator on demand, and wrongfully converted by theae. fendant to his own use. Mlr. CRoss opened the pleadings. Air. JiRtVis, having requested that the wi neses should retire' stated the case on behalf of the ilsaintitfs, whici deserved, and he was zure, would receive, the bcst attentien of thejurvX. 'Itedecea* ed Air. Suntris was a mason, who had lived for mrany years in the citv of-Oxford, and who by industry and parsimonious habiLs tac- qapire consth erableyroperiy. A ns aid.servanrt named Ann ilTew. Iet lilv ed with hiim foir two or three yersL before his death, anid shortl.e previous to that event manard2 man natned- t'ohn (loxa whose brother James was macriea to one of. the testator's nieces but of whom he did not approve. As his infirmities increased, thr e family, of the Coxes geenet to form the iesign ofsecuripngr 'fhe's.t selves a larAe portion of the mintiiey and sehurities whici hce ktep*t i his house, among which was 'thie not- in question. It-woud bd proved that shotvly befbio hi-, death he caused ano cauzi of-his money and securities to he taken - that these abtountedc to a very considerable ustun; zlmdthat he continuLx. up to the eimeofl is death, to spea- of theio, and of this note&ninpar upulatro as bcrinin tis owai 'posessiou). The present plaintfl~t, whow -cerhis -nephiew and near. nest relativls, ind 0ri thiat this f.sYids had encircled him, rind 's.. turally fearing that. the would exedrtbejr-infiucth , unifairlv to dis- appoint 'the just expectations they chrbaiWied, hastened'pjs him; but ltie work of plundcr was begn; andI they arrivedl 'too Iat( to rescAle a largze p art of' his prtlpettv. Alna)g other securiti0s; this note -for 1001. ba)d (1isa'?Ppereri athid aften thee decath of 111r.i L ^ >4oi%;j;i'#tbt3liPs ale la4,nS> it-fde7 -was riai=i Sinuins, which oa dld on the 14th of J.rnuarylast,i:sdaiti,n by ir. john Cox, as given toIhis wife by 'thle te stadtor 'in'itig -[st illness ats a donati4- oe- insns& tb eiurata d if be livttt but, re: tniined' if he diedt. 11lie witnesses whio voidd he tailed to -uhstiln. tiate thlis cas;c sceniite -well'-tutored by tuiou.oc..nes,rtanily,' by tti e attorniey who now c-Slitlueted' their cause-in tbe precise, lural' ph'rLsiasin' w b suhgf ol i~e rni.dte. bitt -she jur~' wGIRM uit,der t_ rossipro fihty of tlse'r storvy,A thiry snaRld -401' the rpae dlrun of thec testator up to .i Ihtv;p-cridI that -4Gz note Nsa3 stifl 1,14 orIi, and they- vwonid5 no -doubt, jreuirn-u such aV vedit as avo idd jlefl'et l io.\epn rposes, hivaich tli dcId-mn L , widi hi!i wife anid associates4, ts.lvnse o !brm ngainst' illu ?rol-enY:Ofzalt .uiv5. al.eo nzt 51. l4'i. was 'in sllver He then saja to me. CL Thx. 'd'sv of thesea -1 have 70 sovereignrs up stairs." 1 asked, 'What snore have yonl" f Re sad " 250L, more or 2551., or less and I 'will send ta? YOu to take account) for some of them (not re- fe~rrng to ting Particular Person) may robi me." At this time Mris. Anni ox, w ife 'ot the defendant Johin Cox, was living 'with AI'7. Simm' as I servant. From the lOch of Decem. ber to thdL14th0ofJ,inuaryhe, contjnud V's decline, a-ndon the,last aydied.. A few days after, and before the funeral, I awssted thie executors in avarching the'bouse. 'We did not find the note for 1001., andI only Vhund two 20.1. notes, three 11. notes, 15 sovereigns, and half a sovreig nno butss-eaite iiti'ae Ttiox-..I was no relation of Mr. ;Simoms, acutaitance.Ann Cox had been his sier.. 'vant for two or threyasadpi him much attention. I have liezrd him-say hwod 0smtig for her, on acconat of ber igosdness towvardshm Uc.eamjed..~je said this, before her mariage. Hle ivas tis-. j'lase sttha mariae,which, took place two or three months be- forehisdeah. neer earl him repeat the expressions after the Mr~oephHarpr ws thn sorn, and gave evidence as flol. wasacqained iththelate Mr. Sirmms, and cuallea upon ~im n h~hrismas.v prcedng bist death, when I conversed wit bu repecinghisaffirs Iasked him if he had. madle any altraton n hs wll,or wshed to miiake any? PHe said. lie wisheda to ave the money divided arnong-them,. naming no persons whiat. ever. I askedl" what moneylhe had byhim P" He repIied "6 Very little, but wvhat he had ini ether ways was- in very gcod hands." I2 ;asked "1 where ?" He said "LGodfrey antl Chilliagworths had 4601. in notsear...oe for 2001., and two for 1001. each, Payne 501. on a .mote; Godfrey and Chandy had given two notes o'f hand for IO0k each; Brown had. 401. on a bonid, and others haet smaller sms,s, the! Whole in moner and securities amounting to between 800L and OQOL He said the siecurities were in a- drawer. He was then confined to hiis bed, and not expected to aurvive for the night. Jamnes Ccox, the defendant's brother. had been in the roomn in the beginning of the conversation, andc I asked him for a sheet of paper to put down what the old man said, bitt he refuised to give it. AMrs. He-wlett, the mdother of Ann Cox, andt Ann Clox herself, came in, 'When the mnother, who nursed the old man, said, " Jamnes Clox had a right to -interfere, and hnave the will altered." rn consequen'ce of their abuse, I left the room. I saw AMr. Simms again on the 2d of January, and, in consequence of samethinW. I badl heard, asked hiim a! e hd gve (lx ay oteof an? ~easked, ILWhy do you 'wistoisowp"At his ime rs.Hewlett caine into) the -room, antI adresingherelfso ias.sad,'You sh all not be diAtUrbed." 1k etanedhisfacltis t th lat.On Christmas night I fetched theplantlTh,whoeam wih teirwivs,and remainced with t.te old The note w6s then produced, in pursuance of notice giveni to the dei~ndantv, from the custody of the bankers in whose handtl it lav. On the face of it was written ILJohn. Simms," and, on the back, 'was areceipt for interest. Mir. Billings, and awitness'named Benson, were examined with a view to slspv that these were not in the hand.wvriting o? the testator. Thley thought they were inot like his Usual writing, hut did not spea'k with any dlegree of certainty. Mfr. TrAUTVox add es.l the jury for the defendant. Re desired to cast no reflection on thc 'plaintsjmg or their witnesses, for the case which he had to sulstantiate was not inconsistenit' in the main withi theirs. It emtivht be true that an tine 10th of December blIr. Simins ha.2~ this note in his pos-session, aind yet that hie shortly afterwards; gave it to his faithful servant as a reward for her a' tentiio'a to him in hiis infirnmity and age. Accor%ling to the evidence of Mr. Billing, he promised to do somethiing for her in ,consequsence of lier goodness to him - and the simple question for the ,jtirv to try was, whether he nserformeri this promise, or broke it int the fast solemn hiours of his lit'e. If ever there was a timne when vIl passon susde-when the heart overflorved with gratituide to those who, had rendered affectionate services....nd when Promises were hsoldeni se':rcd.4t was whien the spirit was about to take its Rlight to anothier and an unknown IwGrld. Now he would prove, by three wvitnesses, that this old mani did perfoDrm his promiste, tlat about a mjonth before his dea.'a be went to hiis bureau and gave this nosts to Annie Cox; and t4at, at the same timne, he c-ave two -notes of simillar valise to the wife of Jamies Cox, who was bis niece. If the statement of these witmeeres was untrue, Ithey were guilty of plunder, of conspiracy', arni of the foulestperjury, to saynpthing of the forgery 'which hadl beett insinuated in che penury of the plaintiff's cause,aznd the jatrs cotidd not find against them wvithout imnputing to them those offeinces. 'fit if the witnesses gave the account which he expected, convstst,nt as it was with the greater part of thie case on the othier aide, and if thiere was nothingr in their dem-eanour to exccite suspicion, the jury would find a verdict for the defendant, whici: would cast nob ltnputaLtion oan the plaintiffs, tho did right in compelling the parties to ecubstarittiate their clainms Catherine Hepwlett said-I am the mothier of SIrs. Ann Cox, the defendant's wvife. I nursed old Mr. Simma iiihis last illness, and tiU he died. lily daught'er hiad livced with hlimtwvo or three years. About a month and a hi. or two before his death, he desired me-to go and fetch the key of the arlour, and open the door. I could not open the door, buitlie opene3 t himself. He went into the parlour, to the bureau, and, took out three notes of hand, and read them, to mnc. When he had readl them, he said "1 am, going to make a pre. pent of them;," but did not say to wliom. He went up stairs, lean. ingon F bouder bcauehis legs were bad, and wvent into my dauht-t 8 oom where Nrh asie bdune H.le sat down in the chair, and asked me for 'the table. 1 reached it so bhin. He took the three nowsesof.hand from his pocket, and spread them on the tin. ble. He then asked for a pen and inkc which I brouaght. At thiir time Eliz-a Bolton and Mary Cox, wife o'f Jamies Clox, we.eepresent. I quitted the ream artl& left themn'there. After an absence of a few rminutes, I returned and found thne same parties. Ann Clox, who wsinbed, read tousie a note-of-ha-A which MAr. Sinmms hadgve hritwas in the same words with one of the three wvhich h ha read. The oldl man, who was still sitting by hier, 'told her to take care of it. Before I went to nurse him, I used. to visit mny daughter, and he totd.sme he 'wished ner to conitinue in his, service as long as he lived, me l be would mnake it ivorth her while. . He said she was a very usseful girl-...oeth her weight in gold-...he coiAld not have picked ftu,la 'nother throHagh the country. She was very attentive to him. 1 th'.otigt himn a stou? old man for the way he was in. Cross-examnited.-I used to visit m,y daughter every three mornths. I went to bring her away. bait he cried a great deal, anid wouldi not .Piart with her. Thiswasbefore her mnarriage. Mlr. Simni,s(did not know zf the marriap til afierwvards. I mnyself knew nothiingz of the weddiimi.. I-er father said St. Thmams's parish, where Alr. Simms lived, ws it wild place and wished her away from it. WVhen the note -was given, LI had been with the old man three or four days. I weton the Saturday, aiid the note was given )on Monayo Tues- &Iy followinig. I cannot speak as to the day ; it was withn a week. Thle key of the parlour vWas in mny daughiter' s box', I asked her wthere it was. The notes which the old mnan read-to me were for 3-001. eacih. When in my daughter's room, he sat dlown in an arm chair. I wo-s very blisy, and did not stay to see what he did with thienotes. Mlfy dauglter toldI uie nothing about returning it if tels old mans got better. Mir. Simms was not well satistied with the snatch shehadlrmade. He brought up the note8in his hand. Eliza Bolton said-Old Mir. Simnma was mny great unele. ilivea in his hiousefor a twelvemonth before hjs death. Ann (lox attended on him as a servant.LHe was unwell two months' before his death. .Mlrs. Hewlett nutrsed himn. I recollect, when Ann Cox was unwell ilir. Simmss corissn one day to tiser room with Mrs. Hewlett. Thi' was about a inanet before his death : nbout four or five, days atlter Mlrs. Hewlett came. - llr. Simms called for a table and a,- pen andI ink, which were brought him by AmMr.Hwlet. He produced three Aotses, placed them on the table, and wrote his name upon them at the bottom.,, in the same place to each. - Before or iat the tinme when- isa put hinamne to them he-saidmnothing: but aftr Mlrs. Hiewlett wetawy he gave two of the notes toMryC;adoetAn thnsid, ILIf I get well you must give them so me again ; hutif Idie, von musct keep tiem." Mirs. Hewlett shortlv after, perhaps 10 rinijites, came back into the room. Art. Anni Clox then reAd her nore of hand to her int the presence'of old Mlr. Simmat, and said IL Mr. Clox hadi- given ,t'to.her for Mlrs. Godfrey, rind it was MVrs. Godfrey's note." MAr. Simma said nothissg. Croas.examinedi.-.James C-ox's 'wife was not a servant ; she did -not assist in -the houise. I have uotiseen the note since that eveising. I did not see what Mirs. Ann.Cox did witli the note. This happen. ced after tea ; between tea and supper. - Cross.examined by the JrUnGx....This was in brosia day-light, about an hour before it beectme dark. I, recollect having teata day by daylight, about 4 o'clock. Ti apndfe tea ; I can. mot. say bow long. Ann C(lx can read and write, but I can do niei.. t'her. I never heard what Mlary(o did with her noties afterwardls. Mlary Coy, said"l amn the sister of the last witness, and one of the grand neices of old AIVr. Simmrg. I am also sister-.in-law 50 Airs.' Asin,Cox.. About a month and' two or' three 'days b4fore Sir. Simms's,death, he gave her a note. It was 'in'Ann (Cox's room, v where s,he was ill. I do aot recollect the~ bousr exactly ; it was before tea ;.about tone or two in the afteiroon. lWheni old Mfr. Siimms came in, he -asked SirTs. liewl'ett to brindg'him the table and the, pen and ink,- which she btought hiih."' He" psilledclute otos .out of his pocket, and signed -his asmetutet the'bottomo ~ f each. He then gave two anotsto a t e1-anid the o4tlier to Anns Cox, ~apig, "if I1 get better, you are to return tlsemyr again; blAt ?12l di.' I make vou apeetof them." M1rs. HowT' at ths,tme f eft the ro'm. Sh aeback it, .SoMe tiMe', it rhigit bd a c~ua#er of,.n hoar. Ann Cox-read her note to her, and said,, "Hr' , sria made her a Present of that." :1Vhether- hert' ~iastelaeayeark Ido not zemember.: 'Ann C~ox was attentive to hebozr sde,wast kind a er. - Cross..eiirnned.:...l do not know that my esieile~a agr t i wcvant's, marriage Ionelvd it my uncle sevenyer.Hdi ;Pot approve of my arm tfrt u a eocldt tatr 'wards. He was pol hnh-aetent;htdd ntepc ~hezom.:Myuce-dd ot ayeehdido~ Ino ,haxt by tt$eettmne thei 4toty, the. 35Ay would I2tnpute to them. grott perjury; but this gOonider Ougl1tnottopreent thefrom doig utce tetted to reeover. The uryafte~c~tcev ajinue'sconsultatdon, -fotind a verdict ~~ itwasagre~~~1,11 edafiouldbe reduced on. he d~endnt g~ingi.ipthenoe efore the fifth day of OXFORD, THnsnAV. TTX 90. I - SIrMTS AND ANOTHER V. r)Y--