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Leader (1850-1860), 14th April 1855, Edition 1 of 2, Page 342, Untitled Article

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      the Delegation , he ¦ ., had the boldness to say that the Pope is i a mere , constituted authority , and that lie acknowledged no headship , but that of Christ . A letter from Berne , states that , in consequence of the ratification-of the . convention of Milan . by the Austrian Government ,. the Ticinese , who had been expelled ^ will be ^ Jlow « d to return into Lombardy from , the 11 th inst . A circular despatch has been addressed by M . Drouyn de Lhuys to the diplomatic representatives of France at the various- , courts of Germany . It is an indirect

      reference to that despatch in which M . de Manteuflfel -expressed his astonishment that the French Government should have taken notice of some observations made by M . de Bismark , Prussian Plenipotentiary at the Frankfort Diet ; in that assembly , and in which also he denied the right of any foreign Power to interfere with the deliberations of the Diet . The French minister contends that , " when an opinion put forth at Frankfort has-had sufficient echo to pass the limits of the federal deliberations , " foreign governments have a right to discuss it , and to make objections if they think fit .

      The Spanish Cortes have rejected , by a majority of 163 to 50 , the amendment proposed by M . Yargas , alcade of Madrid , against the bill on the National Guard . The sitting was- a very stormy one . A telegraphic despatch from Madrid , received in Paris on Wednesday , says that " a vote of confidence in the National Guard has been proposed and unanimously adopted . Some alarming shouts were raised by groups assembled round the Palace of the Cortes . The groups were dispersed -without resistance . Madrid is perfectly tranquil . The National Guard is animated by the best disposition . "

      The Spanish correspondent of the Times says that an official note has been received by Lord Howden , in which it is stated that the Spanish Government has felt it to be its painful duty to transmit copies of the whole of the papers , relating to the receiit affaiirin connexion ¦ with the Protestants , to the English Government . Lord Howden considers this as completely tantamount to an application forrecaL The Times correspondent thinks that the-Spanish Government is desirous to do justice to all religious sects , but that , being -weak and surrounded

      ¦ with difficulties , it is obliged to move with- caution . Lord Howden , the same writer conceives , had acted with a well-meant , but too urgent , zeal . If the English Government should convey the slightest hint of censure ¦ upon the conduct of its minister , it is confidently expected that his lordship will resign . —In a recent sitting of the Cortes , the Minister of the Interior gave Iris version of the affair , and denied that the Protestant clergyman at" Seville had been in any way molested . Lord Howden , in consequence ^ wrote to the Clamor Publico , charging the Minister with a siippressio vqri .

      Baron de B ' eust , the Saxon Minister of Foreign Affairs , has addressed a despatch ( dated April 6 ) to the Saxon Ambassador at Vienna relative to the question of the mobilisation of the Federal forces . Saxony is of opinion that the necessity for such mobilisation rests entirely with certain future eventualities ; she therefore opposesherself ^ decidedly to ^' measures which might be considered as a demonstrationf against" tlie West ~ as" long as the liberty of the Confederation is not menaced from that , quarter . " " The despatch concludes by observing" As regards the question put in the despatch of Count Buol , whether the placing on a war footing of the Federal- contingents shall be within or outside the Federal territories , we think that on this point also we may adhere to the expose des motifs of the committees relative to the-resolution of the 8 th of February , which

      says that the proposed placing on a war footing is to bo understood in this sense , that it bo assured that within fifteen days after the request is made , tho troops be ready to take the field in their respective quarters . But we are , on the other hand , perfectly convinced that tho simplest consideration of existing facts excludes the supposition that thereby it is demanded . that Austria shall assemble , her Federal contingents on German territory , as the despatch of the . 28 th of Febraury sooma to admit . " Nino men . have boon found guilty at Angers ,, in France of a Bed Republican , and Sooialiat conapiracy . On one occasion ,.. these men held a mooting , in a railway tunnel . They were charged with having : openly preached the pillage of the rich , and recmomondod assassination as a means to their end .. It appears that they also expressed wishes for the success of the Russians .

      Tho Vistula has . overflowed , and tho inhabitants of Eaat Prussia liave suffered vecy greatly in conaequonco . The . Imperial ordonoanco for tho annual reoruitment of . the Austrian army » is usually issued in the spring . This year , it is said , tho order will not appear until it bo known * wJnat . ma-yrbe tho . course . rendered necessary by tho : result , of . tho Conferences . The Monittiur ofi . Thursday announces that , In answer to the application . of tho French minister at Brussels with reapeofc to then celebrated pamphlet "By a General Officer , " " tho Belgian Minister of Foreign Affairs replied , on tho 7 th of April , thatintho opinion of tho law advisers of tha crown , it would bo impossible , in accordance with the existing laws , to . institute proceedings that would moot ; tha exclusive * object proposed by the . Government of tha Emperor—that ia to say , to obtain , a decree for the Buanpawfcan . of ., a title which , worded deliberately , with

      sufficient ingenuity for escaping . an action at law , conceals an impudent speculation . From the steps prescribed to the envoy of his Imperial Majesty at Brussels , there will remain the formal , and direct denial of the imputations that have been published by the foreign press ; and parties who gave credence to them will have their attention called to the repudiation in ' question . " ¦ ' ;

      Untitled Article

      THE HOP WOOD WIL . I / CASE . Ok Saturday , the Attorney-General began the defence . He said that Captain Hopwood had not stated that his father was mad , but that , from his great age , there was a weakness of intellect which rendered him incapable of transacting matters of business , and liable to receive undue influence from others . His-mind , indeed , was so changed , that he ¦ would behave with impropriety before ladies . The Attorney-General then commented severely upon the conduct of Mr . Frank Hopwood , to whose officious interference he attributed the disagreements between the Captain and his father .

      Mrs . Edward Hopwood , the wife of the defendant , was the first-witness called . The chief points in her evidence were- that Mr . Hopwood had gradually become perfectly childish in his intellect ; that Mr Frank Hop wood had himself urged Captain Hopwoodta take their father ' s affairs into his hands ; that , upon the occasion of her- visit to Mr . Hopwood to implore him- to see her husband , Mr . E . Hopwood would insistron "being present , though the father was

      willing- that they should be alone ; that the former , in conjunction with Lady Eleanor , prompted the latter in everything-which he said ; and that Lady Eleanor induced Mr ; Hopwood to refuse receiving , the Captain ' s letter of explanation unless it was sent through the post . Mrs . Hopwood also stated that she was ordered abruptly to quit the house , though it was raining hard at the time , and she did not know where to go to ; and that she was told , if she did not ho immediately , she would be put out .

      Captaih-Hopwood . was then examined , and , having spoken of the weakening of his father ' s intellect , said : — ~' ..:.. . " In July , 1852 , I arranged with Mr . Slater that , if there was anything important in business matters to do , he should communicate with me . At the same time , my brother Frank said it was desirable that Mr . Livesey , who paid my father a great deal of money , should pay it direct into the bank instead of to my father , as he was in the habit of losing money . This was agreed to . My brother Frank also suggested that the household bills should be sent to Mr . Dixon , and paid by him . They had previously been sent in to my father . I said it was a good suggestion , and it was carried . My brother

      Frank and myself afterwards communicated this arrangement to my father , and he agreed to it . Colonel Hopwood very strongly urged me to take the management of the property . I was averse to doing so at tho time , because I lived at a distance . Colonel Hopwood said my father was no longer fit to manage the business , or to apply to about business . In the folloAving August , my father visited- me in -Wales , when I noticedhim to . be in the same state as I have described . Shortly after my father ' s return to Hopwood , I received a very singular letter from hicu- It was directed to me , and began as if addressed to my-sister Mary , and concluded as if addressed to- my--brother Harvey . At this period I received a letter from White , the butler , stating that my father was confused and seemed to think I was detaining Harvey , and he desired me to write to him . In the beginning of tho following . January , I heard that my

      father had had another attack ( having had two previously ) . On the 19 th of January , 1853 , I went to Hopwood , and found my father still weaker in memory as to passing events .- 0 n > mentioning my wife's name and the children ^ , he-took no notice . On that occasion , I had a conversation with Colonel Hopwood , who told mo that my father was in a very , precarious state , and that Mr . Wood ,, tho medical man , had informed him that softening of tho brain was going on * Colonel Hopwood again urged mo to take tho management of the estates , which I agreed to . I then gave orders accordingly to tho various . agonta ; and , on apprising Colonel Hopwood of what I had done , he seemed very glad . At that time I saw my father attemping to read , nnd sitting with tho newspaper indifferently wrong side up . Colonel Hopwood told mo ho could not read . After this time I gavo orders to White and to Mrs . Williams . White said ho

      had given up taking his book to my fathor , as ho did not understand him . " Captain Hopwood was cross-examined j but liis teatiinony was not shaken .. Mr . Harrop , a friend of tho family , gavo evidence with respect to Mr . Hopwood ' u imbecility after tho attack of 1852 , and spoke of the disagreements ha * tween the brothers . —Mr . James Dixon , land ngont to tho Hopwood estate , said that , in 1850-51-52-53 , the accounts wore examined and signed by Mr . Frank Hopwood , and that that gentleman had said his brother , the Captain , ought to take tho control of tho property . Tho witness thought that Mr . Hopwood , sen ., was quite incapablo of understand , ing mutters of business , as ho would wander and talk nonsense .

      Mr . Thomas-Xivesey , coal proprietor , and mat of Mr . Hopwood's colliery , gave evidence to the < that , in May or June , 1852 , Mr . Erank , Hop ' told him not to pay . any more money to his fa hut into the bank instead ; but that in . April , ] Mr . Hopwood directed that the accounts shoul brought . tc + him . About the same .- , period ,. M Hopwood took the management of theChamber e in place of Captain Hopwood- The-witness beli that from 1852 Mr . Hopwood was incapabl managing any business ; and it would seem tha was sometimes prompted by Mr . F . Hopwood i he gave directions about the estates .

      A great number of witnesses , friends or depenc of the family , testified to the imbecility of the Mr . Hopwood , and gave instances of delusion wandering on his part . On one occasion , he dentally upset the tea-pot at breakfast ; upon w he was so excited that , with an oath , he thri knife across the table at a lsidy who was pre On another occasion he was looking out of win when he asked , " What those soldiers were doii there being no soldiers there at all . One niornir mistook a female servant of his for a man serv and he commenced a letter to his third son in manner : — "Dear Harvey , —Here I am on my London legs . " Tlie unfinished letter was taken him ; and it does not seem that he missed it . U

      the time of his attacks of illness he had beenamiable ; but he then became extremely irritable , would swear , which was not formerly his habit , appeai'ed , according to the witnesses for the deft not to take interest in anything ; ami it was scar possible to engage him in conversation . Mr . Wood , the medical attendant on Mr . I wood , said that that gentleman had suffered s 1849 from congestion of the blood in the head , and his intellect had been much weakened in consequc Captain Hopwood threatened to take put a com sion of lunacy against him , and this led to the fai differences . In the opinion of the witness , Hopwood could not understand any matter of I ness , and was not in a-fit state of mind to n a will .

      All the witnesses having been now examined , Attorney-General addressed the jury , recapitula the evidence for the defence . On the next day , Frederick Thesiger replied on behalf of the plan He observed : — ¦ - '' " The interest of Lord and Lady SeftonJs not affi whether this will be" established or not . Neither Mr . Slater—a gentleman of deservedly high , professi reputation—any interest in the result . Mr . Trank I wood was singled out as the principal object of learned friend ' s vituperation . Mr . Prank Hopwood from the first averse to any addition of benefit to ' . self . It is admitted on both sides that in the early of 1853 Captain Hopwood ' s brothers wished him to dertake the management of the estates . The only di ence between them is that the brothers desired that interference should take place with , the assent of i

      father . Captain Hopwood resided in Wales—too w to attend to his father ' s comforts duriughLj lattery One of his brothers always resided with their fa If , as alleged , Captain Hopwood was satisfied oi father ' s incompetence , should he not , following a v rable example , with filial piety , have thrown a veil his parent ' s helplessness ? On the contrary , he rou ; interfered , as if he were actually enjoying the propt instead of being its heir . His arrangements were n not with a view to his father ' s comfort , but were diet by sordid economy . Tho iish were ordered not to be daily , the supply of tea even was scanty , and a brc pane in his father ' s library was long aun ' ored to ren unmended . His orders to the housekeeper ami bu were peremptory . Tho rest of Mr , Ilopwood ' . i fai endeavoured to conceal these things from him . "W were the family to do ? Wore they to see their fu degraded into a cipher ?"

      Sir Frederick then went over tho whole of the < dence of the plaintiff ' s witnesses , contrasting it \ that given on the other side . His speech occui four hours , and was followed by tlie sumining-u ; Mr . Justice Cresswell . This was in itself a olaborato speech ; tho whole of tho cvidance be minutel y , examined , and the discrepancies bctw the different allegations exhibited and criticised , certain amount of leaning towards tho p laintiff , plaintiffs , was evident throughout this summn and . the Judge , among other inconsistencies , po"i out that Mr . Wood , although ho now stated that Hopwood had been unfit to make n will ever si July , 1852 , had suid , In April , 1853 , that ho quite fit for matters of business , and that tno wei a commission of lunacy wJfc * absurd . .. The jury retired at a quarter past seven ocu As there did not appoar to bo any prospect ; oi ii t

      agreeing , liia Lordship left tho court aDou o ' clock , directing that thfedecision should bo sent to him . At a quarter post ten o ' clock , howevor , jury agaiu made their appearance , and . uenvt their verdict to tha prothonotary of , tho court , u for tho dofendant on both issues , A great crmra t remained in court , and immediately on the loron

      Untitled Article

      34 , 2 THE LEA DEB . [ &udub , dai

  • Citation
    • Leader (1850-1860), April 14, 1855, page 342, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2086/page/6/