< "ci^l ^ '^ "W o / Photographic Sciences Corporation 23 WIST MAIN STREET VtfEBSTER,NV 14580 (7i. } »'72-4503 iV #^ \\ "^h V ^ '^ <1> ..<^ CiHM/ICMH Microfiche CIHIVI/ICIVIH Collection de microfiches. Canadian institute for Historical Microreproductions / Institut Canadian de microreproductions historiques iV Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. n Coloured covers/ Couverture de couleur I I Covers damaged/ n Couverture endommagde Covers restored and/or laminated/ Couverture restaur^e et/ou pellicul^e I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ n Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur □ Bound with other material/ Reli6 avec d'autres documents D D D Tight binding may cause shadows or distortion along interior margin/ La re liure serr^e peut causes de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6td film^es. Additional comments:/ Commentaires suppldmentaires; L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modificatio'^, dans la m^thode normale de filmage sont indiqu^s ci-deissous. I I Coloured pages/ Pages de couleur Pages damaged/ Pages endommagdes □ Pages restored and/or laminated/ Pages restaur6es et/ou pelliculdes y V Pages discoloured, stained or foxed/ Pages d^color^es, tachetdes ou piqu^es Pages detached/ Pages ditachdes [77] Showthrough/ D Transparence Quality of prir Quality indgale de I'impression Includes supplementary materii Comprend du materiel suppl^mentaire Only edition available/ Seule Edition disponible I I Quality of print varies/ I I Includes supplementary material/ I I Only edition available/ Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t^ film6es d nouveau de facon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X J 12X 16X 20X 26X 30X 24X 28X 12 32X Tha copy filmed here has been reproduced thanks to the generosity of: Seminary of Quebec Library L'exemplaire filmt fut reproduit grAce d la g6n6rosit6 de: S^minaire de Quebec Bibliothdque The images appearing here are the best quality possible considering the condition and legibility of the original copy and In keeping with the filming contract specifications. Original copies In printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or Illustrated impres- sion, or the back cover when appropriate. Ail other original copies are filmed beginning on the first page with a printed or lllustratad impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol —^(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Les imi ges sulvantes ont it6 rsprodultes avec le plus grand soin, compte tenu de la condition at de la nettet6 de l'exemplaire fiim6, et en conformity avec les conditions du contrat de filmage. Les exemplaires orlglnaux dont ia couverture en papier est imprimte sont fllmto en commenpant par le premier plat et en termlnant soit par la derniAre page qui comporte une empreinte d'impression ou d'lllustration, soit par ie second plat, salon l(* cas. Tous les autres exemplaires orlglnaux sc t fllm6s en commen^ant par la premiere ^age qui comporte une empreinte d'impression ou d'illustration et en terminant par ia dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernldre Image de cheque microfiche, seion le cas: le symbols — »> signifie "A SUIVRE ', le symbols V signifie "FIN". IS^aps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre fllmte d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul ciich6, ii est fiimd A partir de I'angle supirieur gauche, de gauche d droits, et de haut en bas, en prenant ie nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 -iiu, ^^ . mK!mmi9'B!KS^ssif^mim!''im /3^ ^.f^.-V'Zsr^ "W w INTERESTING TRIAL. .^. ' "6 n H O PKIN T GO WAN. • -.■-.' WEXFORD SPRING Al ^C?^ .•'•'J '^ BEFOBB THE -s'' Til is extraordinary Trial lasted two entire days ; the Jury retired at ten oVHdolC and cowiultls^^Mr a few minutes, when they returned a verdict for the Plaintiff, thereby establishilig the Will of the Ute JohM Hunter GowAN, and invalidating the Deed endeavoured to be set up by his illegitimate chimrcn-— William & Oolb Gowan, ( ■ , " SttbUnt ' PRINTED PY GEORGE PERKINS BULL, ■ 33, Mary Street, 1827. TtEPRINTED IN UPPER CANADA BY HUGH ^.^TH HERALD press, KINGSTON. • i i > : . TORONTO: WILLIAM LYON MACKENZIE. 1837. •♦rr<«' 1 5. :.»." f . *■■ - ■ ' .'±: AW - , r INTRODUC TION. The first Orange Lodge was formed on the 2l8t of September, 1795, at the house of a man named Sloan, in the obscure village of Loughall, The immediate cause of those disturbances in the North of Ireland that gave birth to Orangeism, was an attempt to plant colonies of Protestants on the farms fron' which the Catholics had been forcibly ejected. Mr. Christie, a quaker, examined belbre the Committee of the House of C5omraon8 in 1835, declared " he heard sometimes of twelve or fourteen Catholic homes wrecked in a night." Orangeism succeeded to Break o-day or Peep- o-day men. Lord Gosford, in his evidence, declares that a persecution, accompanied with circumstanoea of ferocious cruelty, raged in Irelana in 1798, and that the wretched objects of this merciless persecution are charged only with "he crime of professing the Roman Catholic Jaith. For this crime, said his lordship, more than half the inhabitants of a large and populous Irish County were driven, in the midst of an inclement winter, to seek shelter for themselves and families where chance might guide them. This was the origin of Orangeism, and among their oaths submitted to Parliament was one of qualified allegiance, to "support and defend the King and his heirs, so long as he or they support the Protestant ascendancy." Thus originated Orangeism, it soon spread far and wide, and was and ia declared to be exclusively Protestant. Their processions and tunes are highly insulting to the Catholics ; there are few tolerant notes in " Croppies lie down," — " Boyne AVater," "Protestant Boys," especially when accompanied with tho Orange shoutfe of "to Hell with the Pope." The grand Orange procession is to celebrate the victory of William of Orange over the Catholic King, James the 2rid, at the Boyne on the 12th of July, an event which sealed the destruction of the liberties of four-fifths of the population of Ireland, and inflicted those penal laws, which, lor nearly a century, were the disgrace of the Protestants and the torture of the Catholics, Here, in America, Orangeism is little else than the Colonial Office Aristocracy and (fifty-seven rectory) Strachan faction, led on by Sir F. B. Head, and Ogle R. Gowan, wearing the mark of bigotry for political purposes ; here, in America, there is no substantial body of Catholics of which an Orangeman can even pretend to be afraid. Doctor Strachan and Sir F. B. Head encourage the Orange Lodges, because their members are for uniting the Church with the State, and keeping Presbyterians, Methodists, Baptists, and Catholics under the spiritual power of the Church ot England. But Orangeism is injurious, because it has weakened Protestantism, fomented hostile feelings between christian sects, exasperated and kept up ancient feuds by its processions, rendered the bench, the jury, and the witness box liable to a suspicion of injustice, encouraged the formation of rival associations, ready, like the Orangemen, to trample on the law ; interfered with the discipline of the army, and endangered the succession to the Crown. When the Irish settlers in Canada were peaceably mingling together, and buryinp- in oblivion their ancient feuds, a person of the name oi Ogle R. Gowan made his appearance among them, was appointed Grand Master, and spoke to their prejudices with demoniac success. Gowan is declared by Mr. Hugh Ry ves Baker, the Deputy Grand Treasurer of the Irish Orange Society to be a man of bad character, (Q. 9497 H. of C. report) ; and the Edinburgh Review, (January, 1836, p, 277), mentions that " the Grand Lodge of Dublin actually forwarded documents m support of the " same opinion, and remonstrated against Lis (Gowan's) appointment, on the ground " of his moral unfitness" to hold such an office. This pamnhbt forms the third edition of Mr. Ogle R. Gowan's Trial, and it is printed word for word with the Dublin copy, published by Mr. George Perkina ^iPPHW Bull, now of Hamilton in the Gore District, ^vho is understood to te an OrangetriMi of old standing. Mr. Gowan has written a letter to the Editor of the Constitutionj which has been published, in which an effort is made to throw discredit on the Import of the trial, and on the character of Mr. Bull ; bnt tho evidence laid before the House of Commons, extracts from which are hereunto annexed, prove that Mr. Gowan was expelled from the Grand Lodge of Ireland as a bad man, an unworthy character, unfit to be trusted. The publisher would not desire to insinuate that a man cannot be too bad for Orangeism ; but those whom the report of this trial, with the British evidence, and the general reputation of Mr. O. R. Gowan may reach, will not find it difficult to form a correct estimate of the sort of Orangemen here who support him. His character was very correctly exhibited by the Orangemen of Lower Canada, in a series of resolutions which had a wide circulation in this Province* and would have had a place in this pamphlet had there been room. As to Orangeism itself, our sentiments are well expressed in the following brief extract from the Wes'.eyan Advocate : — " It was not Orange Societies — it was not political disabilities — it was not physical force or violence which effected the great moral and religious changes which thcj* historian records. It is not by Orange lilies, and party toasts, and taunts and violence that Protestantism is to prevail, but by a naked state/ment of truth We are not surprised that a few ignorant, hot-headed Irishmen should lift up their voices with a fiery zeal, characteristic of their cause, in support of Orange Societies in this province; but that Englishmen of intelligence, of loyalty, and of patriotic feeling should lend themselves to aid those zealots to accomplish their objects is passing strange ! Orange processions have already been the cause of bloodshed in some of our largest towns, let us resolve that they shall be so no more. Let us nip the evil in the bud — let us crush the monster of party spirit in the worst shape, ere he stalks over the whole province, washing his feet in the blood of the inhabitants, and fattening upon the tears and sufferings of widows and orphans. In a word, lest this beautiful and peaceful province becomes another Ireland, where the signs of sufferers are wafted by every wind, and where deadly weapons are constantly reeking with human blood." ^ \ ORANGELODGES. Extracts from the Minutes of Evidence taken before a Select Committee o the House of Commous en Orange Lodges, previous to t?ie passage of an Address for their suppression. Lieutenant Colonel William Blacker is examined on the state of Orangeism in Ireland. The following is so much of his Evidence as relates to Orangeism In Canada : — . . /-i j -» t No. 9351. Are you aware of the existence of Orangeism ifi Upper Canada { 1 have heard a good deal of conversation about it. 9352. What effect do you conceive it is likely to produce 1 From communications that I have heard of, I have great reason to believe that the preservation of Lower Canada to Great Britain may very shortly depend upon the Orangeism of Upper Canada ; Upper Canada is densely peopled from the North of Ireland. I beheve I niav say eight-tenths of its population literally have gone from the Province of Ulster; vast numbers of them from the County of Fermanagh ; I cannot of course be expected; to speak of my own knowledge of things at that distance, but I have heard ot communications, stating that they were watching with an anxious eve the proceedings of the Government of England towards the Protestants of Ireland, to see what part they would take as to assisting England in the preservation of Lower Canada, and' much would depend upon the conduct of Government in that respect. 9353. Who are these parties whom you describe to have held this language j— ' Generally speaking ; whether they were actually in Lodges or not I cannot say ; but \'.U IV .. i 1 believe they all have their Lodp;c8 there ; I understand there have been letters received to that effect in my part of the country. , , ,, . 9350. Then in point of fact they were disposed to make their allegiance to the British Government in Canada depend upon the conduct of the Government to the Protestants in Ireland 1 I do not say any thing about their allegiance ; but that the conduct of the Government would a good deal determine their conduct. 9357. What is the struggle to which you alluded in Canada] The strong disposition which is stated to prevail among the French party, the Anti-British party in Lower Canada, to separate that country from Great Britain, and to throw off the British yoke. , -r. • • i. n i i 9358. Do you mean to intimate, that their devotion to the British Crown, and the measure of their exertions, would in some degree be regulated by whether the British Government take part with the adversaries of Protestantism or not 1 Yes ; the communication was to that effect ; that it depended a good deal on the conduct of the British Government towards the Protestants and the Protestant Institutions in Irelam^. ; of course the whole of this is hearsay. 9360. From the general character of the persono of whom vou have heard it, do you believe it to be a fact 1 I believe there le a great deal of foundation for it. A Extracts from the Evidence of Hugh Rives Baker, Esq., Deputy Grand Treasurer of the Irish Orange Society, Ath August, 1835. A Minute Book of the proceedings of the Committee of the Grand Lodge of Ireland is produced : — 9194. There is an entry upon the 17th November, 1831 — "Your Committee have " received from America the most cheering accounts, and the Lodges now sitting " there under your warrants emulate each other in evincing their gratitude for the •' interest taken by you in their welfare ;" did you consider that those Lodges were in direct connexion with the Irish Orange system % No, there is no separate Orange institution in the Canadas, as much separated from the Orange institution in Ireland as the Orange institution in Great Britain is ; many masters of Orange Lodges on emigrating from the country, were in the habit of taking their Orange warrants with them, and establishing Orange Lodges there ; they become connected with the institution in Cannda with which we have no official communication ; and it was merely the private members of those bodies writing to the Grand Lodge of Ireland stating their own personal prosperity and that of the principals of the society. 9495. When a Lodge is established then in America, is it necessary that the warrant should be signed by the Grand Master in England or Ireland 1 They have no direct connexion with the Grand Lodge in Ireland, and 1 believe not at all with the Grand Lodge of England ; some time ago I saw by a newspaper report that the^ had established a Grand Lodge of their own in America, AND APPOINTED A MAN BY THE NAME OF GOWAN WHO HAD BEEN AN IRISH ORANGE- MAN, as their Deputy Grand Master, and they applied to the Duke of Cumberland to become their Grand Master, but he communicated with the Grand Lodge of Ireland on the subject, AND BY THEM HE WAS RECOMMENDED NOT TO HAVE ANY THING TO DO WITH IT, AS THIS GOWAN HAD BEEN EXPELLED FROM THE INSTITUTION OF IRELAND. 9496. You E'.ated that the Orange Society in Canada is no more connected with the Orange Society in Ireland than the Orange Society in Ireland Is connected with the Orange Society in England ; Is not the Duke of Cumberland the Imperial Grand Master, being the Grand Master of the Orange Society of England and the Orange i Society of Ireland ? He Is the common head of two distinct Societies holding similar' principles, but totally different In the details of their management and discipline. *! 9497. And the only reason why he did not become Grand Master of the Lodges In| Canada was, that the Deputy Master, GOWAN, WAS A MAN OF BAD! CHARACTER ? THAT WAS THE REASON SUGGESTED BY THEJ GRAND LODGE OF IRELAND. TRIAL. HOPKINS V. OOWAXff. The pleadings were opened by Counsellor HATCHELL. Mr, SCOTT stated the case. It was an action in which the Lessee of Robert Hop- kins was Plaintiff in an ejectment on the title against William Gowan, the Defendant, to carry the trusts of the will of the late Mr. John Hunter Gowan into execution.— It was a case arising out of an Equity suit, and the Lord Chancellor had directed that Robert Hopkins should be the Plaintiff, and William Gowan the Defendant. — In consequence they were enabled in a great measure to anticipate the arguments which might be used on both sides. Mr. William Gowan set up a deed conveying to himself the lands mentioned in the declaration called Ashwood. There are several lands mentioned, but I shall content myself with generally stating them under the name of Ashwood, as they are called the estate of Ashwood. Gentlemen.you are to say wheth- er a certain deed of the 15th of March, 1824, waa duly executed by the said testator or not. That is the sole question. I admit that much property depends on the issue of this action — I admit that much property is at stake, and I also admit that it affects deeply the character of someof the parties concerned in this case. Whatever the dif- ficulties of the case may be, I here state, that — that deed is a gross and infa- mous FABRICATION AND FOHOERY, AND THAT THOSE WHO COME FORWARD TO SWEAR TO ITS EXECUTION COMMIT PERJURY WHEN THEY SO SWEAR ! I fear I shall have to de- tain you a long time. The case is a complicated one. I must say that one of the witnesses to be produced on behalf of the Plaintiff comes before you with suspicion. He is one of the witnesses to that deed, but he repented of his conduct, and h« in- sisted that they should compromise the matter, for he said, that notwithstanding what he had done, he could not swear to a falsehood. It is for you to take into considera- tion the degree of credit to be given to one, who, subject to the frailties of our com- mon nature, had so erred, but nevertheless had evinced returning virtue. The tes- tator, John Hunter Gowan, was a gentleman well known to you all. He was active and intelligent and advanced in years. He died in the year 1824, at which time he was 87 years of age. He lost his wife early, by whom he had a numerous family.^ Thomas Gowan, his eldest son was heir at law. Unfortunately after his wife's death he formed an illicit connexion with a woman by whom he had three children, William Gowan, the Defendant, Robert Ogle Gowan, * whom I shall in future call Ogle, and Margaret Gowan. Mr. Gowan was, as I said, active and intelligent. He wa» fond of field sports and mixed much in society. He was captain of a Yeomanry corps in this County, and on several occasions was complimented by the Gentlemen of the County for his loyalty and public services. Fi om the Grand Jury also he reeciv- ed three silvercups with inscriptions, which he highly valued, besides which he re- ceived <£100 a year as a pension from Government. He was possessed of a small in- dependent property. Mount Nebo, where he lived, and other lands. The legitimate and illegitimate children lived in the same house and dined at the same table, but whenever strangers were present, the illegitimate children were excluded. — This produced jealousy in the family. The illegitimate children, knowing that they were more immediately dependant on their father, were anxious to gain his affection,, particularly William Gowan, who entered into the management of his siffairs. It is true that they sought their father to njake provision for them during his life time out of his lands j but it is also true that he uniformly and pertinaciously refused to make sxich provision, and that he persisted in this declaration to the last. He told them that he certainly would make provision for them, but not out of his lands, p he would re- serve them for his legitimate children. Gentlemen, these jealousies and irritations in- creased till December, 1823, At that time Robert Ogle Gowan, procured a Mr, Fearn, a respectable Attorney in Dublin, to make over the lands of Ashwood to him- : ■ . - - - III- — r I _ ._ . I ~ ~ ' I • Now M. p. p., for the Le«d« Orangemen. l-j"**).-,' ,\ •olf. This deed Mr. Fearn left with Mr. G. P. Bull for Mr. Gowaii. Mr. Bull was Proprietor of a Paper in Dublin at that period called " The Antidote." Mr. Bull read the deed unc' he gave it to Mr. Ocle Gowan. Shortly aftrr Mr. Thomas (low an went to Dubli. ,& having called at Mr. Bull's he, (Bull,) told liim of the deed and what was containtd in it. Mr. Thos. Gowan asked Mr. Bull would he feel any disin- clination to swear to the truth of what he had stated. Mr. Bull said not, & ho according- ly made the Affidavit before Alderman Darley. Mr. Thomas Gowan came home to his faher, and ho charged him, if I may go say, with having executed that deed. He de- nied that he ever executed or knew of any such instrument. — Mr. T. Gowan then handed him Mr. Bull's affidavit. Old Mr. Gowan felt greatly surprised and in- censed at this r he denied that ho ever seen or heard of any such deed.-— — Gentlemen, he spoke upon the subject to William and Ogle Gowan. He desired them to destro;/ it, that he might hear no more of it. They affected to destroy the deed by throwing it into the fire, bat it was only the cover of the deed that they burned — the deed itself they dropt into some trunk or box, and they afterwarcfi boasted that they had deceived the old gentleman ! ! ! Shortly before this onb of the silver cups, which I stated the Grand Jury hai given to Mr. Gowan disappeared. The family had reason to suspect Ogle Gowan of having taken it, and Thomas Gow- an determined to prosecute him for it. Mr. John Hunter Gowan finally exerted himself to prevent the prosecution. He came to the Assizes, represented the case to the Grand Jury, and I need not say that he succeeded in having the Bills withdrawn. The prosecution was therefore rendered abortive. This wat at the Spring Assizes. It will appear that lie proceeded from the Assizes to the residence of his nephew, Henry Gowan of Enniscorthy, where he remained some days. He expressed great indignation at the prosecution instituted by Thomas Gowan against Ogle Gowan. He afterwards proceeded with Mr. Henry Gowan to Mount Nebo. The deed of the defendants, or rather conspirators, bears date on the 15th of March, that very month, nnd purports to have been executed at Mount Nebo. Mr. Henry Gowan continued at Mount Nebo for several days, and he will tell you distinctly that no such deed was executed during that time — that if it had been executed he should bo likely to be the witness to its execution — that he did not hear of it, or even see the parties in it daring that period. Gentlemen I have now to introduce to your notice the names of persons of the utmost respectability in this County. Lord Courtown, Mr. Beauman, of Hyde Park, and Mr.Medlicott, the Rector of the Parish, who exerted themselves to endeavour to reconcile the differences that existed between Mr. Gowan and his children, and after several efforts they succeeded. Mr. Gowan sent for Mr. Medlicott to administer to him the sacrament, but Mr. Medlicottfelt that he would not be justified in administering to him that sacred rite while any irritated feeling existed between them, and he requested that they should be reconciled. Gentlemen you will find that the children were all called around the father — that he held out his hand cordially to them — and that they took the sacrament together. On the 2nd of May, William Gowan went to Mr, Donovan, a respectable attorney of Enniscorthy, to con- sult with him about drawing up his father's will. Mr. Donovan acted conscientiously and cautiously, and he asked what title deeds there were, and what power his father had in the disposal of his property. William Gowan informed Mr. Donovan that he believed his brother Ogle Gowan had a deed, which he alleged to have destroyed, and he wished to know whether it could set aside the will. What answer Mr. Dono- van made to this I cannot tell. William brought Mr. Donovan to Mount Nebo, to the bedside of the testotor, and he drew up the w^ill, none being present but Wm. Gowan and Plaintiff; and William Gowan directed tbat he himself should be made one of the executors in it, and that there should be a clause introduced for the pro- tection of the executors. On the 10th of May, William Gowan again went to Mr. Donovan and got him to draw a codicil to the will, leaving an annuity of dGlOO, to him out of the lands of Ashwood, those very lands which his brother alleged were made over to him by a prior deed. Mr. Gowan shortly after sent for Mr. Medlicott, and told him that he wished to obtain his assistance in altering his will. Mr. Medli- cott remonstrated with him, and told him that he ought to give up all earthly affairs, and that it was not any business for him to undertake. Mr. Gowan however entrea- H«- '^ I '•'Ww-TflW*^'*"" Krwwn liiiU was Mr. Bull 1113 Gow- tloed and ny disin- ccording- otne toliis Hede- kvan tlien and in- deed.— desired ?Etroy the that they fterwardji is onb of appeared, nas Gow- y exerted he case to ithdrawn. g Assizes. i nephew, iscd great e Gowan. le deed of that very y Gowan ly that no should bo !n see the notice the ■town, Mr. lo exerted [r. Gowan nt for Mr. would not ig existed, n you will his hand d of May, ly, to con- lieiitiously his father an that he iestroyed, Mr, Done- Nebo, to but Wm. , be made r the pro- mt to Mr. del 00, to ged were Medlicott, [r. Medli- ily affairs, 'er entrea- 7 I \ tod that he would draw up a codicil for him cutting down the annuity of oClOO to .£/>0. Mr. Medlicott then said, it would be necessary that all persons should bave the room ; but it will appear that one person remained behind, concealed under a blanket on the floor ! ! ! Iho servant maid gave a hint of it to Mr. Medlicott, who communicated the circumstance to the testator. Mr. Gowan immediately ordered that the person should bo turned out. Gentlemen, Mr. Medlicott was perhaps too scrupulous on the occasion, for he turned away from tho person, so that whether it was William or Ogle Gowan that was concealed under the blanket we cannot tell, but the person ac- cordingly left the roo n. Mr. Medlicott then sat down to draw up the codicil, but while he was so engaged, William Gowan burst violently into the room and abused Mr. Medlicott; said it was no business of his, and that he ought not to interfere be- tween a father and his children. He said he would leave the room if Mr. Medlicott would promise to do nothing against his interest. Mr. Medlicott acted as became him. He said he would make no promises, and he threatened if William Gowan would not leave the room he would leave it himself The old man put out his hand from tho bed and entreated that Mr. Medlicott would not leave the room, and ho then peremptorily ordered William Gowan to quit it. William Gowan was obliged in consequence to go out of the room. Mr. Medlicott then proceeded to complete the codicil, cutting down the annuity of t£100 to d£50 a year. "When William Gow- an h.jard this he was greatly displeased, and he and his brother determined at once, if possible, to counteract it. He induced the man to whom I have alluded, a man of tho name of Burland, to enter into his views. Burland was a respectable man up to this period, a Permanent Serjeant ill the corps of Yeomanry of which Mr. Gowan was Captain, and intimate with the family. And why did they get his co-operation on the occasion'? because they knew that his character and intimacy with the family would give weight to the transaction. The two brothers went to Burland, they told him that he must endeavour to make their father draw up a will in their favour, or they must forge one for him ! Wm. Gowan undertook to make the draft. They had by some means obtained a copy of the original will. As Burland was a good pen- man he was induced to engross it. Gentlemen, we will produce that fabricated will, with the alterations, and in the handwriting of Ogle Gowan !! ! They directed him to come to Mount Nebo on the 24th of May. Mind, tlieir father died on the 25th, and he wjis directed to go on the 24th. In the meantime Burland had some com- punctious visitings. He did not wish to go farther, and he left his house. He went to Round wood, in the County of Wicklow, where he staid four days, and ho went from that to Dublin. William and Ogle Gowan went to his house and expressed their surprise that he was not at home, as he had promised, to execute the will. O. Gowan hastened to Dublin. You will find that on the 28th he left his house — on the 29th he was in Dublin, and on the 30th he met Mr. Burland. Mr. Bull, who was in the Sheriff's prison saw Ogle take Burland aside and finally take him away with him. He took him to a public house, the two other witnesses Lawless and Moore, were not in company with them, and he induced Burland to sign the deed as the others had done on the 24th May. The four witnesses had therefore deliberately signed this forged document, and gentlemen you will find that Burland's signature was in different ink from the others, though it is asserted that the document had been executed at one time & at one place. An attempt is made to account for this by saying that there were two ink bottles, but that, I think, speaks for itself. Some of the friends of the family suspected Burland, and v/hen they questioned him on the subject, he discovered all. Gentlemen, these witnesses belonged to what is called an Orange Society, between tho members of which there is a kind of link or connection — a bond of brotherhood — they are bound by no common ties, and pledged to assist each other on all occasions. 1 do not wish to cast any imputation on the society in general, or on persons who may belong to it ; but I cannot help saying that the defendant made use of the influence of his situation in it to induce those persons to lend themselves to his purposes. Any of these persons is sufficient evidence against the others. — [Here Mr, Scott read a passage or two from the IV. Vol. of Starkie, where it is laid down, that where there is a co-operation between any number of persons which phews a community of design, any one of them is sufficient evidence against thot otheri.] R. O. Qowan offered to give up to William Gowan the deed which Peam had drawn up, giving to him >£200 out of the lands of Ashwood. if Williftm would frive him the codicil \n which he waa left d£100 a year. Gentlemen, that will go be- ore you to ahew the value which was set upon the deed in question. Mr. Scott then proceeded to argue upon the subject of the Bill and answer which had been filed in the Court of Equity. He then read some letters from William Gowan to Builand, in one of which, dated the 12th of July, he says, " Keep up your spirits and fear not, we will bo victorious. Great preparations for the bonfire to night" — (a laugh.) Here one of the Jury was sent for from the other Court, and Mr. Scott ceased till his return, when he addressed some more observations to the Jury, and concluded by expressing his confidence that the verdict of the Jury would be in favour of the Plaintiff. C Thefollomng are th* letttra which were read by Mr. BcoU in the eourte of hie ttalemenl.) No. 1. — Dated Carnew, June 12, 1824. (Copy Letter from defendant to Mr, John Burland.) " Mr DiAR Friind. — Ai I am well aware that you value my intereet, which mutt tend in the end to be ttlao your interett, that you will not fail, let what will occur, to come on Monday next to Car- new to me, at I have butines* of Importance to communicate to you. 1 have therpfore to request of you that you will let nothing prevent your coming to mo. I nm, my dear Friend, with the highest respect and esteem, your ever sincere friend till death, and your faithful brother, WILLIAM GOWAN." " Thu love that exists between us, Brothert, shall never be broken down or separated !" " To Mr. John Burland, Loggau." No. 2. — Dated Carnew, Nov. 8, 1824. " Mr Dear Sir. — As I have got every thing settled, I would wi»h to see you early in the morning, or this evening. I have now nothing to fear; they are all at Mount Nrbo in despair. 1 have been success- Ail about getting the m^tney '. Compliments to Mrs. Burland and the family, and believe me, my Dear ,Sir, to remain till death, your sincere friend. WILLIAM GOWAN." N. B. — " I will begoins: from home to-morrow, and will not be back for some days, but I wish to see you in person before I go. " Mr. John Burland, Loggan." No. 4, — Dated Carnew, July 12, 1826. " Mt Dear Sir. — I am not surprised at your being a little uneasy at seeing me, but I am not so t>ad as you imaeine, or as you say in your note of this jay, for if I had heord o.- seen more I would be with you immediately, as I promised. 1 am j'lst after receiving a letter from Ooi.e, written by the de- lire of Lawless, denying any knowledge of it, and saying he will ever stand just to my cause ; he will ^e down with Counitellor M'Kanx in a few days in the country. I enclose you his letter. Lawlkss's wife is down at Moore's, at Sandyford, at present. 1 sent word by her for Moore to come to me. I am waiting to see him before I see you, and therefore 1 don't like to leave the house a moment expect- ing to see him, as I am sure if he came here and 1 out, he would be off toGorey, or down ihatside ; con- sidering this, I am sure you don't blame me. Oolk was so astonished that he mentions in his letter, that he was afraid you, Moore or Lawless was bribed ! If possible come to the Market on Thursday, or write to me, and when you appoint a day, on Thursday, I will go to you. Lawlxss's wife told m« here, that so far from him knowing any thing about the report, that he has often told her, and they by themselves, that he would not leave me for £5(>0, and she said she was sure Moore knew nothing about it. I also heard that it was a making of the opposite side to put out such a report in the country. — Keep up your spirita and fear not ! we will be victorious ! ! Oreat preparation* for the Bon-fire to-night ! ! ! " Until death, ever sincerely and affectionately your's, WILLIAM GOWAN." " Mr. John Burland, Loggan." No. 10. Dated^ — 3, BfiROAN-PLACE, July 10, 1825. " Mt Dear William. — I was somewhat astonished when I returned from town this moment, where I have been all the morning, to find that you had written a letter to William Lawless, which came here this morning, during my absence, and was sent to him immediately on receipt, by his sister. — Fanny (Mrs Gowan) tells me he came back hen immediately aller, but did not shew her any of the letter, but to tell her to tell me to write to you in his name, to say that he disavowed all knowledge of the thing ! that hp Tvas still faithful to your cause, and that he would soon see you in the country. I confess the news had surprised me a little, as 1 infer from it that some of them have bribed either Borland, Moore or Lawless ! I p.m still more amazed that you should write to him upon the subject, but not say a word to me about it. I now beg you will let me know all particulars by return of post, as you must be aware, I must necetea^ fily be anxiout upon the subject ! You did not send the book. Your's, very truly, OGLE R. GOWAN," H J'o Mr. Wm. Oowan, at Mr. Oraham's, Carttep" (Ifcarin^ the Oublin pott-mark') 1^?.^M No. 3, — Dated "Antidote OrricE," Jan.3l, 1825. " Mr DcAR Sir,— When I wiu leaving tho country I promiied to write to you on the Monday fulloW* ing, that wai on Weilneiilav I Reen vouat Loggan ; on Thursdny following, 1 went to Dublin by t)ie Wex* furd Coach and got into Dublin at eleven o'clock at night; a Friday I itaid there, and on Saturday Coun* •ellor M'Kane sent me off again to the country for papers ; I wont by the Carlow coacli anu wot in Car- low on Saturday night, where I flopped till Tuesday. I returned again to Dublin on Tueiday night, so that 3 Dublin journeys in 4 days. Oglo has come homo from the North. Mj buiintu i$ getting on fa- mouily.inio much, that I don't ff.ur iHcccBt. I hopo this letter will got you, Mrs. Borland and tbe children in good health. I will I o delayed a week longer in consequence of the death of Counaallor M'Kane 's wife. I am my door Sir, ever sincerely your*, till death. WILLIAM QOWAN." "Mr. John Bnrland, to the care of Mr. Bat Burland, Loggan." No. 6. — Carnew, August 14. " Mr Dear Sir,-~1 got two letters since from Dublin. Mr. Dowse snys if the suit should continue for one thousand and one years, I am entitled to the rents all the timu .' 1 was speaking to Counsellor M'Kane to doy, all's uell. I got the notices served on all the tenants, they all seemed reconciled to them. 1 hope Mrs. B. is well and the littlo ones recovering. I write this to let you know how prosper- ous things are goinp on, sincerely till death. WILLIAM GOWAN. " Mr. John Burland, Loggan." No 7. — Dated Carnew, 19th August, 1825. ( Addreted to Mr. John Burland, Loggan, bp agreement. ) " Mr DiAR Sir— I havo considerrd, and re-coniidered the advice you gave me the last time I had the pleasure of seeing you, and upon tho iiost mature consideration, I bog leave to inform you, that I can- not nor will not consent to tho same, and for the foliowing reasons : — First, I never could consent to give, up a property so fairly given me by my father, and think of leaving myself depending on /rt'erui*,— friend* as you strove and endeavored to moke me believe they were, but which J know by experience they aie. the contrary. Secondly, if I did consent to agree with your advice, of niaL -ti a settlement with the. \ they would try to take all from me, and I am sure thpy would be glad to sei . l- begging ; and, thirdly,, because I know It so /aiWya))dj'u« time, Wm., Ogle, Moore and Lawless returned to Mount Nebo, and the day after witness heard of Testator's death ; was at the funeral. Defendant was there, but not Ogle. Cross-examined by Mr. M'Kanh — His father Was a farmer ; was examined in Carnew, in the equity cause ; read his depositions lately. (This witness corrobora- ted the former in many essential particulars, without the lecst prevarication.) (J. C Beaumam, Esq- here applied for leave to explain a mistake he fell into on his cross-examination the preceding day — Leave given. Captain Beauman here as- cended the table and said, that in answer to a question put to him on his cross-exami- nation, he said John Hunter Gowan considered William Gowan the best of his child- ren ; what witness meant to say was, that John Hunter Gowan said he considered William as having the best head, and did not mean to speak of his moral character.) Benjamin Burland, examined by Mr. Scott. — Is brother to John Burland ; re- collects the period of Testator's death ; went to Dublin about the 27th or 28th May ; went by himself as far as Freemount, from that was accompanied to Dublin by his bro- ther; John Burland, whom he met at Mr. Freeman's ; went to Bull's, at the ShenfT'a Prison ; saw Ogle Gowan come in accompanied by Mrs. Bull, it was very shortly after witness went to Dublin ; Bull was confined in the Sheriff's Prison at the time for a libel on a Roman Catholic Priest ; was with Bull the day before at the Insolvent Court, when he went up to take his trial ; saw Ogle Gowan and John Burland talk- ing together privately at a window in Bull's room, and shortly after Ogle took Bur- land out of the room and they went away together. Witness dined with Bull that day ; John Burland was expected to dir;e there also ; but he did not return. Knows Moore and Lawless, saw them going towards John Burland's house on the 24th of May, in company with Wm. and O. Gowan, could see them just to it, going two by two. Cross-examined by Mr. Moore at some length ; Bull did not go to the window with Defendant and John Burland ; did not hear them say any thing at that time about the deed, but believes the conversation was about signing a deed. Counsel — You were not asked that question, sir, by the Counsel at either side ; you may go down. William Webster examined. — Knew Defendant and Ogle, Hunter Gowan and Denis Furlong ; heard Defendant say his father desired him to burn a deed, that ho took the deed to the fire place, and instead of putting it in the fire, he let it fall in the coal-box under the fire ! Cross-examined by Mr. Brewster, but adhered to his testimony throughout. Denis Furlong examined. — Recollects about the period of Testator's death, heard defendant say, after his father's death, that he had a deed of the property, but which his father desired him to burn, and that he then took it towards the fire place and pretended to burn it, but that he burned a cover, or something else in place of it ; defendant made use of those expressions in presence of Hunter Gowan. Knew Ed- ward Wilcocks, he is dead. The Depositions of Edward Wilcocks in the equity cause were here allowed to be read ; they confirmed in every particular the two former witnc as. Georob Perkins Bull, examined by Counsellor Hatckell. — Resided in Dub* «■■ the room 18 writing, )urned his paper on I, JOHN waB easy ig for any ling of the liam Gow- m. Gowan any body tray him.— iam said he day ; after Nebo, and endant was ixamined in corrobora- n.) fell into on lan here as- cross-exami- of his child- I considered il character.) Jurland ; re- 28th May ; in by his bro- the Shenff's shortly after the time for a he Insolvent Burland talk- [le took Bur- nth Bull that irn. Knows n the 24th of going two by the window lat time about ounsel — You .y go down. r Gowan and leed, that he t it fall in the oughout. »tor'3 death, property, but the fire place a place of it ; Knew Ed- re allowed to ided in Dub' 16 lln in 1823, and was proprietor of the " Antidote" Newspaper; Ogle Gowan had no share in the paper at that time. Knows Mr. George Fearon, an Attorney ; Mr. F. came to the " Antidote" Office, No. 3, Redmond's Hill, in Dec'r 1823. He left a deed for Ogle Gowan, which witness gave him, was on terms of intimacy with Ogle at the time ; Ogle asked witness to read the deed, which witness did ; the substance of it was conveying the lands of Ash wood, in the County of Wexford, to Ogle Gowan, the name of Anthony Lee was introduced as a Trustee ; it was on a pound stamp, which Ogle «aid was not sufficient, but that he could get an additional stamp on it, at the Stamp-office ; he took It away, and told witness that he was returning home with it for signatures : that the late Mr. Gowan had directed him to have the deed regularly drawn ; and he would sign it; proves an Affidavit of having seen this deed, made by witness before Alderman Darley, on the 7th of March, 1824, at the request of Mr, Thomas Gowan ; recollects being examined in the equity cause ; from the time he gave Mr. Thomas Gowan the Affidavit he had not seen it until he was examined in the equity cause ; it must have been taken down in a mistake in the depositions, saying Marcli instead of December, and it was the deed itself which witness alluded to, and not the date of the affidavit as to his having seen it. Preferred a Petition to be discharged as an Insolvent debtor, in consequence of damages being awarded against him for a libel on a Priest. Recollects Sunday, 30th May, 1824; saw John Burland in his room that day, is witness's brother-in-law ; saw Ogle Gowan and Ben. Burland in his room, also, that day. Ogle Gowan took John Burland to a large window which looked into the racket-court, they spoke in witnesses hearing, but witness did not hear what passed when Ogle took Burland to the window, but heard Ogle ask Burland to go out with him, that he would not detain him, but that he had something particular to say to him ; witness was unwilling that Burland should go out with Ogle Gowan : Burland was to dine with witness, but did not return to dinner. The first time witness saw Thomas Gowan, he told him of the deed and offered volun- tarily to make an affidavit as to the fact, and witness requested of Mr. Gowan to men- tion the circumstance to his father ; this was a day or two previous to the Affidavit having been made, Mr. Thomas Gowan having gone to Mount Nebo in the mean time. Saw Ogle Gowan repeatedly write his reputed father's name ; saw John Hunter Gowan's hand writing, and saw Ogle write a letter in his father's name to Major Sirr» and knew it had the desired effect. Court. — How do you know it had the desired effect"? Witness. — I saw an answer to it from Major Sirr, directed to the late John Hunter Gowan, but which Ogle received, and afterwards shewed it to me. Examination resumed. — Knows William Moore, one of the witness's to the deed, he was in Ogle Gowan's service after his father's death. Cross-examined by Mr. Doherty. — Was examined in the equity cause, and waa sworn ; generally speaking, one would like to be accurate when on one's oath 1 He would, generally. You think then, sir, that a person should be more correct in tak- ing an oath, than in writing a " leading article 1" Certainly. Then, sir, if you swore what took place in March, took place in December would you have sworn true ? It is a mistake in the depositions, evidently, as it was in allusion to the period of making the Affidavit relative to the deed, and not to the time that the deed was first seen by witness. (Here the depositions of Mr. Bull were read. " Saith, that in the Sheriff's prison Ogle Gowan was requesting John Burland to go out — saith that this was on or about the 30th May, — saith the said Ogle Gowan asked the said John Burland to sign his name.") Witness — I don't think that I ever said any such thing. Counsellor Dohertt — Then if the Lord Chancellor had decided upo^ that evidence he would have done great injustice to my client ] Witness — Perhapa my Lord, it would be necessary for me to explain this seeming contradiction. Court-— Yes. Witness — When I saw Ogle Gowan come into my room and endeavour to take Bur^ land away, I told Burland that Ogle Gowan wanted him for no good purpose, that I suspected something was wrong, and requested him not to go out with him, and that dinner was nearly ready ; that if he did not give up his company and conversation be should give up mine. Burland, however, went out and returned in the evening, "n ii i |i w» f -Sf. 16 and in course of conversation mentioned that Ogle wanted him to do " that which might transport them all, and that when the proper time would arrive ho would tell all that he knew about it." He told me afterwards that the conversation which he and Ogle had at the window, was as to the signing of the deed, and that he, Burland, did sign it. (Here Mr. Scott read that part of witness's depositions which related to the con- versation at the window, between Ogle Gowan aud Burland, and contended that wit- ness had not sworn that he heard that conversation, but that Burland told him after- wards of it.) Counsellor Doiierty — Did you, or did you not hear that conversation ? I did not ; it was spoken at a window at the opposite side of a large room, and in a low voice, I could not consequently hear it. Court — I thought so. Saw that deed, it was a deed conveying the lands of Ashwood to Ogle Gowan, or a rent charge thereout. Counsellor Doherty — Holus bolus giving the land 1 (Here Counsellor Hatchell told witness that he need not answer that question — it waa not English ! (a laugh) I know I may be critically exact with you, sir. Will you swear all these depositions are wrong ? I will not. Then will you swear that they are all right 1 No, I will not. Then what will you swear] — (with pretended warmth) That they want revising. Counsellor Doherty — I am serious, sir. Witness — I assure you sir, I was never more serious in my life. JouN Gowan examined Witness's father was Testator's nephew ; saw Ogle Gowan repeatedly write his father's name ; he handed it to witness several times, and asked him was it not like his father's hand writing, it was a very good likeness ; could hardly tell one from the other ; saw him do this four or five years ago. This witness was cross-examined by Counsellor M'Kane, but flothing material elicited. Rev. Hugh Webb examined — Often saw the late John H. Gowan write ; does not believe the signature to the deed produced in Court is his hand writing ; saw him sign above five hundred summonses. Cross-examined by Mr. Moore — It strikes witness very strongly that the H is dif- ferent. From the year 1816 to the year 1822, saw him write summonses ; heard Mr. Gowan was 87 years of age when he died ; at that age a man's writing does not generally improve ! ' J. C. Beauman, Esq. examined — Knew Testator ; it is not an easy matter at any time to speak to a man's hand writing, but does not believe the signature on either side to be in the hand writing of the late Mr. Gowan. Cross-examined by Mr. Doherty — This appears as if written by a young person. I thing you could write a good Gowan now if you had a pen in your hand. I do think it is not his hand writing. Robert Owen, Esq. examined — Is a Magistrate ; often saw the late John Hunter Gowan writing ; his belief is, that these signatures are not m his hand writing. Cross-examined by Mr. M'Kane — Forms his opinion from the steadiness, as he had always a tremor, and this is not like it. — His signature at all times had the character of a tremor. William Henry Townsend, Esq. examined — Was acquainted with the late Mr Gowan for many years ; witness was an Attorney, and agent to the deceased for a considerable time, and was, in consequence, well acquainted with his hand writing. Had much intercourse with him ; does not believe the signature to the deed to be the hand writing of deceased. Cross-examined by Mr. Moore — Was Mr. Gowan's Attorney, ceased to act as such a short time before his death. Edward Lipsett, Esq. examined by Mr. Dickson — Is a physician ; knew the late John Hunter Gowan for nearly thirty years ; often saw him write ; thinks these sig- natures are not in his hand writing. William Furlong, examined by Mr. Scott — Is Clerk to the Gorey Petty Ses- sions some years ; knew the late Mr. Gowan, and often saw him write ; does not believe he wrote the signature to this deed. John Berney, examined by Mr. Hatchall — Was in the habit of doing business for ■iwrniii ■■■^ST' hat which would tell which he , Burland, the con- d that wit- him after- 1 did not ; low voice, it was a thereout, itchell told laugh) I epositioni No, I will they want I sir, I was saw Ogle I times, and likeness ; ?o g material ; does not saw him he H is dif- heard Mr. r does not alter at any re on either ung person, hand. I do ohn Hunter riting. js, as he had le character the late Mr leased for a and writing, jed to be the ) act as such new the late Ics these sig- r Petty Ses- e ; does not ' business for 17 the late John Hunter Gowan, is well acquainted with liis hand writing ; believes the name John Hunter Gowan, not to be in Testator's hand writing. Saw the deceased sign many hundred of Pension bills ; witness's father keeps a shop, and took Pen- sion bills in payment for goods. (A number of other witnesses were in attendance on behalf of the Plaintiff, but Counsel intimated that it would be unnecessary to examine any more.) Plaintiff's case here closed. DEFESrCE. Mr. DOHERTY, commenced by saying he regretted that his part of the case was not disposed of by some person more intimately qualified by a competent knowledge of the circumstances of the transaction than, from the short time he was acquainted with them, he could pretend to be. Gentlemen, continue i Mr. Doherty, my learned friend Mr. Scott, has, in his statement, of the case, occupied a great portion of your time, but not a moment longer, I am quite certain, than was sufficient for the due discharge of his duty to his client. Gentlemen, we who ar3 of the profession of the law, are so much in the habit of magnifying every case that comes before us, that Juries at length become distrustful of us. If we venture to say that this is a highly interesting case — that it is an important case — that it is a most important case, why, you will say, we have heard the same thing from Counsel ever since the day we first stepped into a Jury box and it frequently happens that you have been quite disap- pointed in believing us. It is indeed like the bulletins of health that we read of some- times in the newspapers, where the sick person is stated to be getting better, and better, and better, until at length the scale of health falls, and it comes to this, that he is no more ! (laughter.) I do say, however, that this is, in my opinion, the most impor- tant case in which I was ever yet engaged. The issue you have to try is, whether the deed conveying the lands of Ashwood to the defendant was the deed of the late John Hunter Gowan or not. If you find that it was not his deed, you fix a stigma on a character till now unquestioned ; if you do not, I much doubt, all who hear me must doubt, any created being must doubt, if your verdict would give him any property at all ; for I regret to say, that such is the state of the law, that many a tedious and wearisome step the child would have to take in the Courts, before he could even then recover what his parent loft him. And upon what grounds would you inflict ruin and disgrace on this young man, and not on he alone, at on others also 1—^ Is it upon the uncorroborated evidence of that witness whose testimony my learned friend himself admitted should be received with caution ? Is it upon the testimony of that man, of one of the greatest villains I ever saw produced in thia or any other court. I confess I cannot find words to express the detestation, the hor- ror I feel at the prevarications, the falsehoods, the infamous conduct exhibited here this day by that perjured villain. Your Lordship must not judge of the moral cha- racter of this County by what you have heard the last two days, for it is far from be- ing a fair sample of its character if you were to judge of it by the persons who have come from Mount Nebo. I was at one time at Mount Nebo myself, and I have to this hour a lively sense of the great kindness and attention I there met with from Mr. Gowan. My learned friend has truly stated that Mr. Gowan was a very active cha- racter. He was, as he stated to you, bold, active, intelligent, fond of field sports^ and of the society of his neighbors. He had all the virtues of country gentlemen, and he had also many vices mingled with them. He had sixteen children. Some time after he became a widower, he look into his house a woman of bad character, and it is in consequence of this unfortunate connection that all those evils have followed. — He had sixteen children, thirteen by his wife, and three by this woman. I will ad- mit that the conduct of the Defendant Wm. Gowan and his brother. Ogle Gowan» was, in many respects, not to be justified ! I will admit that there was hypocrisy and craftiness, and what was sufficient to disgust any one of right feeling in their conduct ! ! but you are to consider that they were bred of that parent ; that their fath- er also was cunning and artful, for though he had some virtues, he had many and great vices. I regret that I should be obliged to speak in this way of John Hunter Growan, who is now in his grave j but I cannot forget that he taught his children a lea- \ \^ }i !•■ t^tmrn'mtM » - ^^j 18 »on by hla example, and that every one of them practised it. But compare their con* duct with that of the legitimate children. William Go wan always behaved well, and did every thing to assist his father ; but Thomas Gowan was a young man of strong passions, and he and the other children exerted themselves only to oppose their fath-- er's wishes, and to render his life unhappy. The consequence was, he preferred the illegitimate children. It was a natural preference of the dutiful over the contentious and disobedient children. William Gowan exerted himself in the management of his father's affairs, he did every thing which he thought pleasing to him, and the conse- S|uence was, his father's blessing was upon him. Gentlemen, from this sprung up that eeling in the heart, which has attached itself to our common nature from the creation to the present time—" And Esau hated Jacob because of the blessing wherewith his father blessed bin. !" I will not, as 1 said before, defend the conduct of Wm, Gowan, it wasin many respects bad ; but. Gentlemen, he was a dutiful son, and that one vir» tue, in my opinion, is sufficient to cover a world of faults. Let us see what ate the facts of the case. Look at Thomas Gowan, persecuting his brother against the wihh- es of his father and the entreaties of his friends. With respect to the silver cup men- tioned to have been stolen, a witness was brought upon the table, and what was the result'? Why there has not been a scintilla of evidence to shew that it was ever ta- ken by Ogle Gowan or his brother. Tom Gowan however instituted a prosecution against Ogle Gowan, whom he charged with the offence, and upon what grounds 1 upon mere suspicion. His father applied to him but in vain. He procured Mr. Med- licott, Mr. Beauman, \'h« Earl of Courtown, Mr. Webb, and others, to induce him to drop the prosecution carried on against his brother, and upon such light grounds, but in vain. What was the answer that he made to the remonstrance of the Rev. Mr. Webb 1 "I will go on, I will prosecute him, that 1 may shew to my father the ras- cality of his favorite child." He did proceed. His aged father hurried to throw the shield of his protection over his son. He goes to the Grand Jury, and by his exer- tions the bills were ignored, so that were it not for his activity on the occasion, his son ■would have been dragged to trial in the face of the county for a capital felony, and have been subject to an exposure to which no man, however innocent would wish himself liable. Mr. Gowan left the Assizes highly incensed at this conduct of his son Tom, and he declared he would make him an example to all undr.tiful children. He •went from Wexford to Enniscorthy, to the house of his nephew, Henry Gowan, and from thence returned to Mount Nebo, with Henry Gowan, where Henry remained a few days. (Here Mr. Doherty alluded to some other family broils which he said took place at Mount Nebo, between, as he was pleased repeatedly to designate him, *' that wicked old man " and his family, but which we do not conceive to be our duty to allude more particularly to, especially as they are foreign to the subject of this tri- al, and could not be at all interesting to our readers.) Could you wonder, (continued Mr. Doherty,) that he should have left his property from them ] Some highly respectable persons, the Earl of Courtown, Mr. Bsauman, and the Rev. Mr. Medlicott, exerted themselves most laudibly, I have no doubt, to reconcile the differences that existed in the family : to induce Mr. Gowan to pardon his eldest son. Kindness is a great softener of angry passions, and when they remon- strated with him, Mr. Gowan began to consider whether he had not gone further than the strict justice of the case required, and he immediately extorted from Wm. Gow- an a promise that he would destroy the deed. William Gowan broke that promise ! I will admit that he violated the promise made to his father relative to that deed ! ! and he acted most fraudulently on the occasion ! ! ! I will take my learned friend's statement of what took place : — " He affected to destroy the deed, but he secured it ! He approached the fire, he threw the envelope into the fire, but he contrived to ton ceal the deed, and he afterwards boasted of his dexterity in having deceived the ola man ! ! ! " He did all this, and I think he will never profit one shilling by it. Mr. Gowan then made his will, leaving a smaller portion to Wm. Gowan than was contained in the deed, and made a provision for Thomas Gowan and the rest of his numerous family. All this was brought about by the good offices of the gentle- men I have just alluded to; but with all my respect for Mr. Beauman, with all roy respect for my Lord Courtown, and with all my reverence for all their reverences^! « . 10 Must say that no consideration on earth would over htive induced me, were it my case to leave one shilling of my propertjr to so undutiful a son. Let us now see how the case is supported by the witnesses for the prosecution. The first we shall speak of ig Smith, who was a Lieutenant in the corps to which the late Captain Go wan belonged. He went to Mount Nebo, and Captain Gowan, roused to the recollection of his for- mer military services on a small scale, put himself in marching order, and they com- menced operations. One armed himself witii a decanter, another with a key, and they march up stairs ! — (Great laughter.) — And what do they do ] Why they came down stairs again in the same state that they went up ; but I will venture to say that the decanter was not in the same state !— (continued laughter) — They were in search of the deed which, frightfened at such marching and countermarching, crept for conceal- ment under the brown paper parcel ! \- — Roars of laughter.) The witness Burland's story is that he drew up the deed at the request of the brothers William and Ogle Gowan — that hj had some compunction, as my learned friend calls it, and ha left nig house, stopped at Freemount, went from thence to Dublin^ proceeded to the Sheriff'g Prison where he was met by Ogle, who taxed him with a violation of his engage- ment — that he wont with him to a public house in Bolton-street, and there signed the deed. Much stress haH been laid upon the dates. Why I will not quarrel about where he slept on the first and second and third nights, because wBcan bring forward the witnesses to the deed — unimpeachable witnesses, who will swear that they sign- ed it, — that they saw the testator sign it, and Burland himself sign it, all at the same time and in the same place. And who is there that would weigh his testimony a sia- fle moment with theirs. No Jury would condemn a fly on that man's testimony.— J- "he only thing that seems clear in it Is, that he met Ogle Gowan at the Sheriff's Prison, and the only wish I have respecting him is, that he had gone butone step farther, and made his final exit at a place which I am sure by his conduct he would have very rtiuch graced ! I !-^(Much laughter.) But we are charged with a conspiracy. I think we can retort the charge. If it was a conspiracy, let there be some grains of secrecy. If it was a fabricated docu- ment would not Ogle Gowan have used more caution ] Would any man have used so little prudence as to send such an instrument to so public a place — a newspaper office 1 Would he not know that Bull when he would read it would speak of it j — And he did speak of it. Mr. John Hunter Gowan was told of it. On the 9th of April Burland saw and sigpied it in the grove. Mark the duplicity, the doublings of villainy of that sleek, sly, smoothe-faced villain. He was the apparent friend of Mr. Gowan and the family. He spoke to Mr. Gowan about it, and yet in a day or twd af- ter he signs it in the grove ! He prepared a will, and he flies to Dublin to avoid exe- cuting it. When Ogle produced it to him there he said, why this is the instrument 1 already refused to sign — my conscience would not let me do so^ — it was to prevent my aignmg it I ran away from home, and why do you itttcmpt to bring it to me again — take it away — I will never sign it. No ; but he draws a cnair, sits down to the ta- ble, takes up me pen, and without saying a word, pop goes the pretty name of Bur- land to that very deed ! and now he turns round and with great complacency, askd you to believe that he is a most respectable witness ! ! — (Laughter.) Mr. Doherty^ after a vatiety of further observations upon the evidence, concluded a most splendid gpeech, by telling the Jury that if the Defendant's father could rise from the grave, he would blast from your presence that child who persecuted him during life, and tiow seeks to deprive him of character after his death. O. R. Gowan examined by Mr. M'Kane. — Is an illegitimate son of the late J. H. Gowan, is a subscribing witness to the deed in question ; saw the late J. H. GowaA iign it on the 15th March : Moore, Burland, Lawless, and Wm. Gowan were pre- sent ; is quite positive Burland was there ; saw all the witnesses sign it on that day at the same time, about 3 o'clock, after dinner ; witness's father produced the deed for execution; his father was not in bed or confined by any bodily infirmities at that time, but was sitting in his bed-room near the fire at the corner of a table ; his father desired them not to mention that they were there, as it might irritate part of the family ; wa« in Dublin in December, 1823 ; employed Mr. Fearon, an Attorney, at that time ta draw a copy of a deed j and to the oegt of his belief got that deed, go prepared, eithef C so from Mr. Fearon or the scrivener ; early in December, Wm. Gowan mentioned to witness that his father wished to make over to him Ashwood, and to get a deed pro- pared, leaving blanks ; went to Mr. Fearon a second time, who said there should be the name of the trustee and of the penon to be benefitted in it; witness gave his own name for the parson to be benefitted ; does not now recollect who the second person was to be mentioned ; returned tu Mount Nobo about the middle of December ; Tom had charged him with having stolen a silver cup from his father ; was arrested in con- sequence of information sworn before Mr. Miller ; was taken'to Gorey by the Police ; his father followed him ; was finally liberated ; his father was dissatisfied with Tom ; was at the Assizes with his father; Mr. Thomas Gowan appeared there to prosecute with a number of other witnesses ; witness's father spoke to witness relative to the deed ho intended to makn to assign Ashwood to William ; his father took ill at the Assizes, during which time he had that conversation ; he was afraid he would not get home to Mount Nebo to execute the deed for William ; left Wexford with his father, and accompanied him as far as Enniscorthy ; he stopped at Henry Gowan's he be- lieves that night his father sent him on to copy the deed, to have it ready with the exception of putting in the Trustees' names and his brother's name ; his father return- ed shortly after ; witness thinks ho was a day home before him ; copied out the deed as directed, and the deed produced is it ; about three or four days after the deed was executed ; remembers his father's death ; was at his funeral on the 28th ; the will was read on the Monday after his father was buried ; between the time of his father's death and the reading of the will witness was not in Dublin ; brought home the deed on a stamp ; knows John Burland ; never got him to witness a deed in a grove near Mount Nebo ; got another deed from Mr, Fearon before the Assizes of W exford by his father's direction ; it was a deed of acquittance in consequence of the prosecution for stealing the cup. Cross-examined by Mr. Scott — Went to Dublin in December, 1823, by Wm. Gowan's directions ; gave Mr. Fearon instructions, he thinks both in writing and by word of mouth ; his impression is that having got the lease he prepared something from it at the hotel* where he stopped ; won't swear positively to this ; got the deed granting Ashwood from his brother William; shewed it, and thinks he gave Mr. Fea- ron the draft he drew himself, and the original grant of Ashwood ; asked Mr. Fearon to prepare a proper draft without names ; don't know whether Mr. Fearon made any alterations ; if he swore that he brought him a draft ready prepared which he was to get engrossed, he believes he would swear falsely ; gave to William on his return the deed given him by Mr. Fearon ; paid Mr. Fearon ; and he or the scrivener gave it to him, it was on a sta Tip; thinks witness and his father remained about two days in Wexford ; from Wexford went to Henry Gowan's ; swears he did not remain there two days : will not venture to swear he staid one ; thinks his father came home on the evening of the morning which he came home ; did not go through Gorey when re- turning from the Assizes on his way from Enniscorthy home ; is almost certain he did not ; it would have been out of his way. Does not know where the deed is, gave it to his brother William ; could not say how he travelled from Enniscorthy to Mount Nebo ; can't tell whether he walked or rode ; but did not go in a coach ; won't swear any one was in his company or not from Enniscorthy home ; had sworn to the exe- cution of this deed ; all were present and signed it on the one occasion ; before it was executed his father desired them to keep it private as he was making a provision for William ; his father looked over it ; thinks be could not have read the whole of it; can't say which side of it he wf^ reading; he (witness'* father) took it out of his desk, it had been given to him the day previous ; don't know if it was with the same pen they all signed ; cant say there was more than one ink stand on the table ; there wag generally more than one on the table ; one his father used and the other William used ; believes he got the paper he wrote the draft on from WiUiam ; can't tell where Wm. got it ; he either gave witness money or spoke of giving money to send for the stamp ; this was at Mount Nebo ; could get the stamp at any of the towns around ; can't say it was at his father's request he wit- nessed the deed ; but swore it was at his request ; and it was understood he assented ''•An lit T •<■ ^~' — " I -- , ■ ' iHU . ■ I. ' I ' i. . .1 . .. I . ■ I " ' ' BeU i, Lower Kerea-itreet. 21 lentioned to B. deed pre- a bIiouIu be Lve his own ;ond person mber; Tom sted in oon- the Police ; ivith Tom ; o prosecute itive to tlie >k ill at the luld not get h his father, m's he he- [y with the tner return- it the deed deed was he will was his father's le the deed grove near Vexford by prosecution t, by Wm. ing and by 1 something )t the deed 'e Mr. Fea- dr. Fearon made any he was to i return the gave it to ro days in main there ome on the when re- certain be ed is, gave to Mount on't swear the exe- tbre it was (vision for read the (witness's previou* ; was more Uiblej one wrote the S3 money could get St he wit- 3 assented ' to it in the month of December, by giving the directions to give Mr. Fearon } coniid* ered it to be at his request and did swear it ; the deed was prepared by Mr. Fearon in the month of March 1824; gave the draft to Mr. Gowan; never erased his name and put his brother William's name in it ; (hero his depositions were read — Saith with the alteration of William's name he erased his own. Says William procured a stamn.) Don't know whether he gave the names to him or not ; don't think he bought the stamp himself, but recollects, speaking to William about it ; knows ho did not go for it himself; has no recollection of going to Mount Nebo. (Here part of the witness's answer to the bill in Chancery was read. (Saith that this deponent bought the said stamp.) If his brother gave him the money, and that he sent anoth- er for it, he conceived it was he who bought it. Recollects about Christmas, 1823, his father came to search for a deed. Witness had it not. His brother William had it. Don't know his father ever desired his brother William to burn it. Might have said that William boasted he had not burned it. William told him so. It was not after the execution of the deed ; Defendant told witness something of the nature of destroying the deed and did not burn it; his brother told* witness the reason why ho kept the deed contrary to his father's wish was, that he had broken faith with him and that breach of faith was cutting down .£100 a year to c£50 a year; recollects his going two or three times to Burland's house about the period his father executed his will and codicils, which was about the 22d of May ; saw J. Smith at Loggan; went there at Burland's request, whosaidhe was drawing a will for witness's father, making a fair disposition of his property ; Burland did not shew the will on the first occasion ; don't think William Gowan was with witness ; never recollects being at Burland's house or on his lends with William Gowan ; has no recollection of being in compa- ny with Moore and Lawless ; is quite positive he never went there, at one and the same time with the persons mentioned ; swears he did not go there within a week of his father's death ; has no knowledge of ever meeting his brother there ; believes that writing (the copy of will) is his (witness's) ; made alterations to it he supposes at one of the intervals of his being at Burland's house; believes it was drawn up by Bur- land ; he said he should submit it to witness's father if witness approved of it; made those alterations in that draft at the request of Burland ; can't recollect he was with Burland on the 24th ; Burland frequently importuned him to look to himself; did not go to look for Burland to get it from him ; never got it from him at all ; his father said he wished it to be concealed to prevent violence ;n the family ; has no reason to believe his father wished the provisions of his will to be kept secret from his legiti- mate children. By the Court — Recollects his father tp.king the deed outofihe desk, which he un- locked ; they all signed it then at the table ; his brother William took it off the table when it was signed ; understood it to be William's property — Was his father to have no property in it during his life 1 I can't say. William Lawless examined by Mr. M'Kane — Lived in the service of the late John Hunter Gowan ; wrote his name to that deed in his bed room ; Ogle Gowan, William Gowan, John Burland, William Moore, witness and old Mr. Gowan, were the only persons present; saw Burland put his name to it, and William Moore on the game occasion, and in the same place ; Testator died on the 25th of May. Ogle Gowan was at Mount Nebo on the day his father was buried. Don't recollect ever going to Burland's in company with either Moore or Defendant. Cross-examined by Mr. Dickson — That is his name and hand writing to the will. (Here witness was desired to write his name, and some of the Jury compared it to the will.) Don't remember the day when the will was signed by Mr. Gowan. Five persons signed it besides Mr. Gowan, Ogle Gowan, William Gowan, John Burland, William Moore and witness; thinks Moore signed first; it was J. H. Gowan signed first ; don't know which signed second ; is positive William Moore signed before William Gowan; witness of course signed last; witness is married to Moore's half sister ; it was signed in the middle of the day ; the dinner hour was generally one or two o'clck ; went into the room with William Gowan ; the Captain and John Bur- land were in the room ; it was after that Ogle came in ; believes it was the Captain spoke first ; when witness went in Mr. Gowan pulled the deed out of a box or desk; ^ 22 is not sure which ; the Captain said h" wanted him to witness the deed for him ; he said he was going to make over a property to Mr, William ; after he signed it he told them to keep it secret till after his death ; believes he mentioned the townland of Ashwood ; Mr. Gowan did not read the deed, he looked at it; Mr. Gowan put the seals to the deed ; thinks there was no candle ; the seal was he thinks wax, not wafers ; Captain Gowan put the seal to the w ax more than once or twice ; can't tell whether he put the same seal ; did not see him change the seal ; was asked twice to sign it; after all had signed, Mr. Gowan gave it to Mr. William Gowan, and said he was well provided for if he died to-morrow ; don't believe he attended table that day ; don't know how long he was at home after the Assizes when he executed the deed ; it was not the day he returned ; don't know whether Ogle or he came home first ; witness was at the Af»s,izes and left Wexford first ; came with the Captain as a witness for Mr. Ogle Gowan ; thinks he left it on the tli .d day ; was home before his master ; went through Enniscorthy; did not stop a night there; don't recollect seeing Ogle Gowan at Enniscorthy ; witness walked home ; don't know if Henry Gowan, of Enniscorthy, went home with Mr, Gowan ; saw Henry Gowan at Mount Nebo; did not know Mr. Ogle Gowan was working at the last ; knew he was put apprentice to a shoe-maker, but don't know whether he was a shoe-maker or not; whether he served his time or not ; never saw Mr. George Fearon of Dublin, at Mount Nebo ; thinkr he never saw Mr. Joseph Swan Graham at Mount Nebo, never heard of his visits there ; Graham is a shop-keeper in Carnew ; and Wm, Gowan has lived there ever since his father's death; made an affidavit at Carnew ; Burland was there, and asked to make his affidavit for the registry, but he refused. William Moobe, examined by Mr. Bbewster — Lived in the employment of the late Captain Gowan to the time of his death ; recollects his return from the Assi- zes ; thai is witness's name and hand writing to the deed ; saw John Hunter Gow- an subscribe his name to it ; saw them all sign it at the same time ; knew Burland was coming to Mount Nebo because Wm. Gowan sent witness for him ; went to his place and brought him to Mount Nebo. Cross-examined by Counsellor Hatchell. — Burland and witness did not come together. Something about one o'clock he set out for Burland. Did not tell him what he was wanted for — About two or three hours intervened. Mr. Wm. Gowan called him to witness the deed. Loggan is about *wo miles and a half from Mount Nebo. Never measured it ; Burland rode ; witness took his horse from him ; tliere was no clock in the house ; witness was a day labourer for deceased ; can't tell how long he lived at the Mount : lived there three years. To the best of his knowledge Loggan is not five miles from Mount I>Tebo; thinks it is not three. Does not know the hour of the day that he took Burland's horse from him ; it was after the labour- ers dinner hour. Would you know the hour as well by the sun as by the clock 1 I would know the hour as well by the clock, sir, if I saw it. — Witness did not go in with Burland, but was sent for afterwards ; saw Lawless in the kitchen after Wm. Gowan came for witness ; they then went up to the Captain's room. Mr. Hatchell, (taking hold of witness's coat,) where did you get that coat? Witness — (turning round with evident warmth) where did 1 get this coat? my wife bought it forme.— On your oath did not Ogle Gowan give you a coat? He did. Where is the hat? It is worn out. Witness was in the service of Ogle Gowan at the Assizes, and af- terwards went fo live with him in Dublin, where he gave him the hat ; gave him a coat within the last six months. Lived with Ogle Gowan as a servant ; was em- ployed as a messenger for Ogle in the " Antidote" office ; whatever Ogle would bid him do he would do it. Look up to the Jury, (witness turned round and looked stiffly up to the Jury.) (A laugh.) Were you ever in a corps? Never. You look to the right so well 1 thougl.i you were. You worked on the road generally ? Yes. You took a farm at Rathvilly some time ago, from Rev. Mr. Whitty ? I did. Who went security for you ? Witness, did not know of any one going security for him. By virtue of your oath, sir, did not William Gowan go security for you ? Heard Mr. William Gowan wrote a recommendation to Mr. Whitty for him. Does n^t live ^t Rathvilly now. Did not tell Mr. Whitty when he was leaving it. Saw no can- fjje when he signed the deed ; it was about two o'clock ; does not know whiether ^*- •V*- '»» 23 )r him ; he gned it he i townland jiowan put wax, not ; can't tell ;d twice to 1, and said i table that :ecuted the ;ame home Captain as ome before I't recollect V if Henry n at Mount he was put ker ornot; Dublin, at rebo, never m, Gowan ^ ; Burland loyment of n the Assi- inter Gow- iw Burland 1 ; went to 1 not come lot tell him (m. Gowan om Mount lim ; there 't tel) how knowledge not know tie labour- he clock 1 not go in after Wm. Hatchell, —(turning for me.— is the hat] 33, and af- avc him a ; was em- vould bid nd looked You look lyl Yes. id. Who for him. Heard 8 not live ' no can- whether i- r)* Oj,le Gow- 1 t here was candles in the rcora or not. Will you swear there was not three candles in it ] No, I will not. Can't say that there was three, or one, or none 1 The Cap- tain signed first, the witnesses then, shortly after they entered the room it was exe- cuted, in a few 'minutes, Mr. Gowan took it out of his desk, and looked over it, it was not on the table when they went in. After they signed it, Mr. Gowan gave it to Mr. William Gowan. Don't recollect the candle being lit. Did not, to the best of his knowledge go to Burland's house. Never was in his house, but met him at his hovse. It was the week before the Captain's death, Met Burland at his house since the Captain's death. Went to pay him a visit ! It was after he left Ogle Gow- an's employment. On his oath he does not recollect if Testator took out his watch, but he mentioned something about a seal. Does not recollect that testator used a candle, seal and wax, to the deed ; it was not out of testator's hand after he took it out of his desk until he signed it. Believes Defendant signed it same day ; believes Burland signed after witness, is not certain whether before or after. Janb Colclouqh examined by Mr. Moore. — Is acquainted with O. R. Gowan. Recollects the funeral of J. H. Gowan. Was in Mount Nebo. Is positive Mr. O. Gowan was at Mount Nebo on both Saturday and Sunday — the day of the funeral and the day after. CroPS-examined by Mr Scott — Her daughter is married to Ogle Gowan. Frances A. Gowan, examined by Mr. Doiierty — Is the wife of Mr. an. Lived at Mount Nebo lit the time of Mr. J. H. Gowan's death. Recollects the funeral, it was on a Friday; Ogle Gowan attended it; went to Gorey on Saturday and passed the Sunday at Mount Nebo; saw her husband in Gorey on Saturday, a distance of three miles from the mount. Sp.w him at Mount Nebo on the Sunday following. Cross-examined by Counsellor Dickson. — Her mother was the last witness ex- amined, and is half sister to Mr. Ogle Gowan ; witness's husband is her half uncle ! her name is F. A. Colclough, is the grand daughter of the late John Hunter Gowan, and is married to John Hunter Gowan's son ! ! ! Was married at the time of the fn.ieral; her grandfather knew she was Mrs. Gowan, she 1 elieves a month before his death, passed as the wife of Ogle at the time of the funeral ; William Gowan knew of her marriage ; her Grandfather called her Mrs. Gowan; and knew of her marriage. Her grandfather left her a legacy of .iJlOO, but called her by the name of Frances Anne Colcloagh in his will ; went to Gorey generally of a Saturday, staid there till evening ; walked home ; went to Dublin somtimes in the Mail Coach which goes through Gorey at 8 o'clock ip the evening; did not however go on the Saturday night spoken of. The Case having^ closed-^r- Counsel for the Plaintiff intimated that Mr. Townshend wished to be examined concerning the doed mentioned by Mr. Ogle Gowan, and which was in his (Mr. Townshend's possession,) he was accordingly re-examinoj by Mr. Scott. — Witness was agent for the [ate Rlr. Gowan. Heard Ogle Gowan exaniined — heard him speak of a deed of lY.a lands of Ashwood, and was surprised at hearing him. The deed was handed to witness by J. H. Gowan, for the purpose of preparing a re-as- signm.ent, and it has been in his possession ever since, as hp had a men on it. It never left his possession. That is the original lease from Hailon to Gowan of the lands of Ashwood ; it was tianded to witness prior to 1823, to prepare a re-assigu- mentof a mortgage, and is amongst his papers still. Cross-examined by Mr. DoHEr.TY. — It has been said, " Once a Captain, always a Captain," so once an Attorney, always some of the profession will remain. You have been listening to this trial, and to the mention of the deed by Ogle Gowan, and vou catched the pomt there ] I did patch the point there. You are certain the deed bespoke of is in your possession] I am certain of it, Will you have the kindness too look at that] Witness, (stretching over his hand for the deed, which Mr. Do- iierty handed to him.) — There may be a second one. — (Great laughter.) Why I could shew you a third of them. — (Continued laughter.) — What's that ] A deed of conveyance of the lands of Ashwood. I wish to convey no inputation, Mr. Towns- hend, but all I have to say is, that the point's lost ! Good night to vou. 3^ 1^ ii r 24 Consellor Dixon here stated that he would leave his case in the hands of his Lord- ship, and would not reply to evidence if his learned friend on the other side would agree to do the same ; this being complied with — His Lordship then charged the Jury. — He said much time would have been sav- ed if this trial had taken a different course — if the Plaintiff had gone into it at first.-- He ought to have stated his case in support of the validity of the will, and then ex- amined the witnesses, and then it would have been for the opposite side to have im- peached the credit of those witnesses ; but he has taken a different course. The plaintiff, whose witnesses were to be impeached has gone into the case as a question of law, and to establish by direct testimony, by circumstantial evidence, and by infer- ence, whether it has no existence. Gentlemen, you have an order made by the Lord Chancellor for this trial, and in that order the particular question is stated to be this — the question is whether the deed of the 15th of March, 1824, was duly executed by John Hunter Govvan or not. You have to decide that question in the affirmative or the negative. It has been truly stated to you by the Counsel for the Defendant that this brings on the only question, the question whether that deed was obtained by fraud or not. Allowing that it may be the most fraudulently prepared instrument that may be conceived, yet if you believe it was executed by his fatlier — by the late Mr. Govv- an, you are bound to find that it was duly executed, whatever its consequences may be to the other parties. It is your duty to free your minds from any imputation on the parties except it be to shake the credit of their testimony by conflicting eviaence. Of the actual execution of the deed three witnesses have been examined, Moore, Lawless, and Ogle Gowan, who have bound themselves to the deed by their signa- tures. If you believe what they have sworn. Gentlemen, there is an end of the case: but on the other hand, if you do not believe then* testimony you will find for the Plaintiff. Each of these witnesses have taken upon themselves to swear that they saw the Testator sign his name to it, and that they signed it also. If that be true you are bound, if you believe their evidences, to find an issue in the affirmative, namely that it was executed by J. H. Gowan. Yet it does not follow that what is sworn by any number of witnesses is necessarily the truth. There is no putting their evidence on the plea of a mistake. They must have sworn true or false. If you believe they are honest men you are bound to believe their testimony but you are to consider whether they are of that description or parties in a foul conspiracy to set up a fabri- cated deed. And that leads us into a consideration of the evidence. You have heard each witness examined & cross-examined. It is necessary to try whether there is not a sufficient reason to believe their evidence. It is a long time since Scthe execution of the deed was attended by many minu'« circumstances which have jscaped their recoUec- tioii, «& which human beings cannot be considered capable of calling to their remem- brance. I dare say you would feel distressed yourselves if any one was to desire you to state the particular circumstances of any deed which you may have made three or four years ago. You are to consider whether they are honest witnesses or not. From the manner it has been discussed out of doors, and repeatedly spoken of, and kept in the mind of these witnesses, but more, kept in their minds on this point alone ! you are to consider whether they come with a prepared story, and therefore you are to judge what their evidence might have been if they had come unprepared with respect to this transaction. You are to see in what way that deed is impeached. This body of evidence is met by the examination of John Burland, an attesting wit- ness to its execution. He has sworn that it took place in Dubhn. He has come for- ward to swear that it neither was duly executed, but that it was the result of a con- spiracy, and that he himself was a party to th?t conspiracy. If a man, having been unawares engaged in a bad transaction, and becoming an -honest man, feels ashamed of what he had done, it is h:s duty to the parties to tell the whole truth, however he te^'- it to his -jwn discredit, still it shews him to be an honest man. It certainly throws a great imputation upon him : — you will therefore see that his evidence should be supported either by direct evidence, or inference, about which there can be no mis- take. — (Here his Lordship went o/er Burlund's evidence most particularly, comment- ing thereon as he went along.) There was a part of this case which seemed at first inexplicable, but it is capable of explanation. Burland on his examination eaid,— " I •%,' ^tt«. — ^f"-*?**** 25 of his Lord- r side would e been sav- t at first.-- nd then ex- to have im- urse. The .3 a question nd by infer- by the Lord to be this — xecuted by iiirmative or endant that led by fraud ;nt that may e Mr. Govv- ucnces may iputation on ig eviaence. ;d, Moore, their signa- [ of the case: ind for the r that they be true you ve, namely is sworn by sir evidence jelieve they to consider up a fabri- have heard ere is not a ution of the sir recoUec- eir remem- 18 to desire lave made itnesses or pokcn of, lis point therefore n prepared mpeached. sting wit- come for- of a con- ving been ashamed jwever he ly throws hould be je no mis- comment- ed at first aid,—" I th ^V am sorry to say it, but I will give it as it is; I tell the truth. The setting up of the deed against the will, was a fraudulent transaction !" The defendant acted craftily in not giving up that deed. But then the question arises, why should he concur in his father's will disposing of this very estate of Ashwood ? Why the inference is, that the deed was not duly executea ! It seems very strange that he should concur in a will narrowing, that is cutting down by a codicil, the property which he alleges had been already his. But, again we are to look at it in another point of view. — Why when he acknow- ledged that he had destroyed the deed he ohould act as if he had destroyed it, and this accounts for what would otherwise appear unaccountable. But what would be the natural consequence of such conduct] Why that it would not stand a moment in the eyes of a Court of Justice. You will, at the same time, recollect Gentlem^n^ that any thing said by the Testator, in the absence of the Defendant, is not to be tak- en as evidence against him. Here his Lordship again read over parts of the evidence at the request of the Jury, stating, that if they desired it, he was ready to read the entire. One of the Jury replied that they did not deem it necessary for his Lordship to proceed farther with the evidence, and the Jury having immediately retired, re- turned in about four minutes with a verdict for the Plaintiff, thereby establishing the Will of the late John H. Gowan, and invalidating the Deed endeavored to be set up by the Defendant and his brother, William and Ogl' Gowan, illegitimate children of the Testator. The Court did not break up till past 10 o'clock, and was crowded to excess up to the last moment. Such was the intense, anxiety manifested by the multitude, that from the time the Jury retired until the verdict was announced, not even a whisper was to be heard ; and when the Jury knocked at the door for re-admission to their box, the solicitude was ver^ visible on the countenance of hundreds who were pre- sent. For our own part, we never witnessed such a scene before. Counsellors, At- torneys, Witnesses, Doctor's friends and foes, every eye was raised to the box, and a simultaneous burst of approbation arose from the assembled spectators on the an- nouncement. FINIS.