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This item is filmed at the reduction ratio checked below/ Ce document est fiimi su taux de riduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X v/ 12X 16X 20X 24X 28X 32X Atails m du nodifiar ir una iimaga Th« copy fllm«d hora hn bMn r«pro' MEimt. SCOTT, DIXON, HATCIUXL awd HAMILTON. ; . : * " ' AsBifT— H. P. WOODROOFE. ','"t i .^^ ♦ • » : ffov IBettnUHnti *.!*." , Mxtiki. DOHERTY, M*KANE MOORE, and BREWSTER.. . ..* . AoENTi— HOPE & DOWSE. .•'•.•: 09> This extraorduary trial lasted two entire days ; the Jury retired at 10 o'eloek, and consulted for a Tew minutes, when they returned a verdict for the Plaintiir, thereby establishing the will of the late Johit Hohtim Gowait, and invalidating the Deed endeavoured to be set up by his illegiti- "^' ' - mate Children — William and Ogle Gowan. 0:: Utttilfn: PRINTED MY GEORGE P. BULL, 63, MARY-STREET. .■:■'■ 1827. RE-PRINTED IN UPPER CANADA. 1833. -i-A ♦^ f >••• aa**^ »•-■ ■*■, 1. ,,. .„l TRIAL. HOPKINS V. GOWAir. Thb pleadings were opened by Counsellor HATCHELL. Mr. SCOTT stated the case. It was an action in which tue Lessee of Robert Hopkins was Plaintiff in an ejectment on the title against William Gk>wan, the Defendant, to cany the trustt 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 Chan- cellor 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 mentionied in the decla- ration called Ashwood. There are several lands mentioned, but I shall content myself with stating them under the name of Ashwood, as they are called the estate of Atfhwood. €len- tlemen, you are to say whether a certain deed of the 15th of March, 182)4, was duly executed by the said testator or not. — That is the sole question. I admit that much property de- pends on the issue of this action — I admit that much property IS at stake, and I also admit that it affects deeply the charac- ter of some of the parties concerned in this case. Whatever the difficulties of the case may be, I here state, that— that DEED IS A GROSS AND INFAMOUS f ABRICATION AND FOROERT, AND THAT THOSE WHO COME FORWARD TO SWEAR TO ITS EXECUTION COMMIT PERJURY WHEN THET SO SWEAR ! I fear I shall havc to detain 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 I*laintiff comes before you with suspicion. He is one of the witnesses to that deed, but he repented of his conduct, and he insisted that they should compromise the matter, for he said, that notwithanding what he had done, he could not swear to a falsehood. It is for you to take into consideration the degree of credit to be given to one, who, subject to the frailties of our common nature, had so erred, but neverthe- less had evinced returning virtue.^ The testator, John Hun- ter 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 77932 ,f^^. »?". « 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 connection with a wo- man by whom he had three*6hildren, William Gowan, the De- fendant, Robert Ogle Gowan^ whom 1 shall in future call Ogle, and Margaret Gowan. Mr. Gowan was, as I said, ac- tive and intelligent. He was fond of field sports and mixed much in society. He was captain of a Yeomanry corp in this County, and on several occasions was complimentea by the GentlemeA of the County for hisi loyalty and public services. From the Grand Jviry also be received three silver cups with inscriptions, which he highly valued, besides which he re«> ceived J&IOO a year as a pension from Government. He was posp^ssedof a small independent property, Mount Nebo, wherei 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, tus illeoiiiimatb cmil- DRSN WBRB EXCLUDED. This produccd jealousy in the family. The illegitimate children>, knowing that they were more im- mediately dependant on their father, were anxious to gain his affections, particularly William Growan, who entered into the management of his affairs. It is true that they sought their father to make provision for them during his life time out of his lands; but it is also true that he uniformly and pertina'<> cioiisly refused to make such 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, as he would reserve them for his legitimate children. Gentlemen, ejealousies and irritations increased till December, 1823. 2. w .at time Robert Ogle Gowan, procured a Mr. Fearu, a reg-»^i peotable Attorney in Dublin, to make over the lands of Asfaf wood to himself. This deed Mr. Fearn left with Mr. G. P. Bull (or Mr. Gowan. Mr. Bull was Proprietor of a Paper in Dublin at that period called '^ The Antidote." Mr. Bull read the deed and he gave it to Mr. Ogle Gowan. Shortly after Mr. Thomas Gowan went to Dublin, and having called at Mr. BulPs he, (Bull,) told him of the deed and what was contained in it. Mr. Thomas Gowan asked Mr. Bull would he feel any disinclination lo swear to the truth of wliat he had stated. — > Mr^ Bull said not, and he accordingly made the Affidavit before Alderman Darley. Mr. Thomas Gowan came home to his fa- ther, and hfe charged him, if I may so say, with having execu- ted that deed. He denied that he ever executed or knew of any such instrument. — Mr. T. Gowan then handed him Mr. Buir? affidavit, Old Mr. Gowan Celt greatly eurprised and in- censed such de and Og might li by thro deed th trunk ceived i ver cuj Gowan Gowan proseci himself represe that he secutioi Spring .Assizes : niscortl great i Gov'anJ Mr. He dants, V that vei Nebo. ral days execute should did not i riod. ( names ( Lord C( icott, th( Ideavoui iGowan fded. JS [the saci [justifie(^ irritatec they sh childrei his ham ; tog^ethe; novan, i him abi ^<* Thomas lely after th a wo- , the De- ture call said, ac- nd mixed rp in this ta by the services, tups with )h he re- He was boywherei legitimate me table, ATE CmL> le family, more im- [> gain his \ into the ight their me out of i pertina'T persisted certainly nds, as he entlemen, )er, 1823. aru, a res- B of Ash- idr. G. P. Paper in Bull read )rtly after ed at Mr. contained e feel any stated. — ivit before to his fa- ng execu- knew of him Mr. ed and in- censed at this ; he denied that he ever seen or heard of any such deed. Gentlemen, be spoke upon the subject to William and Ogle Gowan. He desired them to destroy it, that he might hear no more of it. They affected to destroy the deed by throwing it into the fire, but it was only the cover of the deed that they burned — the deed itself they dropt into some trunk or box, and they afterwards boasted that they had de- ceived the old gentleman!!! Shortly before this one of the sil- ver cups, which I stated the Grand Jury had given to Mr. Gk>wan disappeared. The family had reason to suspect Ogle Gowan of having taken it, and Thomas Gowan 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 pro- secution was therefore rendered abortive. This was at the Spring Assizes. It will appear that he proceeded from the Assizes to the residence of his nephew, Henry Gowan of En- niscorthy, where he remained some days. He estpressed great indignation at the prosecution instituted by Thomas Gov.^'an against Ogle Gowan. He afterwards proceeded with Mr. Henry Gowan to Mount Nebo. The deed of the defen- dants, or rather conspirators, bears date on the I5th of March, that very month, and purports to have been executed at Mount Nebo. Mr. Henry Gowan continued at Mount Nebo for seve- ral days, and he will tell you distinctly that no such deed was executed during that time — that if it had been executed he should be likely to be the witness to its execution — that he did not hear of it, or even see the parties in it dunng that pe- riod. Gentlemen I have now to introduce to yc ' notice the names of persons of the utmost respectability in tHs County. Lord Courtown, Mr. Beauman, of Hyde Park, and Mr. Medli- I cott, the Rector of the Parish, wno exerted themselves to en- iideavour to reconcile the differences that existed between Mr. iGowan and his children, and after several efforts they succee- [ded. Mr. Gowan sent for Mr. Medlicott to administer to him [the sacrament, but Mr. Medlicott felt that he would not be [justified in administering to him that sacred rit( yhile any irritated feeling existed between them, and he re ^jested 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 2d of May, William Gowan went to Mr. Do- novan, a respectable attorney of Enniscorthy, to consult with I him about drawing up his father's will. Mr. Donovan acted ■•'<:., 6 1 conecientious]y and cautiously, and he asked iivrhat 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 alleg- ed to have destroyed, and he wished to know whether it could set aside the will. What answer Mr. Donovan made to this I cannot tell. William brought Mr. Donovan to Mount Nebo,to the bedside of the testator, and he drew up the will, none be- ing present but Wm. Gowan and Plaintiff ; and William Gowan directed that he himself should be made one of the executors in it, and that there should be a clause introduced for the protection of the executors. On the 10th of May, WilUiaro Gowan again went to Mr. Donovan and got him to draw a co- dicil to the will, leaving an annuity of £100, 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. Medlicott re- monstrated with him, and told him that he ought to give up all earthly affairs, and that it was not any business for him to un- dertake. Mr. Gowan however entreated that he would draw a codicil for him cutting down the annuity of £100 to'' £50. l£ -J" a'.'' r. Medlicott then said, it would be necessary that all persons should leave the room ; but it will appear that one person re- mained behind, concealed under a blanket on the floor!!! The servant maid gave a hint of it to Mr. Medlicott, who commu- nicated the circumstance to the testator. Mr. Gowan imme- diately ordered that the person should be turned out. Gentle- men, Mr. Medlicott was perhaps too scrupulous on the occa- sion, for he turned away from the person, so that whether it was William or Ogle Gowan that was concealed under the blanket we cannot tell, but the person accordingly left the room. 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 busi- ness of his, and that he ought not to interfere between a fa- ther and his children. He said he would leave the room if Mr. Medlicott would promise to do nothing against his in- terest. Mr. Medlicott acted as became him. He said he would make no promises, and he threatened if William Gow- an would not leave the room he would leave it himself. The old man put out his hand from Ihe bed and entreated that Mr. Medlicott would not leave the room, and he then peremptorily ordered William Gowan to quit it. William Gowan was obli- ged in consequence to go out of the room. Mr. Medlicott ihen -\ '<•' i [> coinmu- proceeded to complete the codicil, cutting down the annuity of J&IOO to £50 a year. When William Gowan heard this he wai greatly displeased, and he and his hrother determined at once, if possible, to counteract it. He induced the man to whom I have alluded, a man of the name of Burland, to enter into his views. Burland was a respectable man up to this period, a Permanent Serjeant in the corps of Yeomanry of which Mr. Oowan 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 Bur- land, 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 penman he was induced to engross it. Gentlemen, we will produce that fabricated will, with the alterations, and in the handwriting' of Ogle Gowan ! ! ! They direc.cd him to come to Mount Nebo on the 24th of May. Mind, their father died on the 25tb, and he was directed to go on the 24th. In the mean time Burland had some compunctious visitings. He did not wish to go farther, and he left his house. He wen*; to Round- wood, in the County of Wicklow, where he staid four days, and he 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 ont he 30th he met Mr. Burland. Mr. Bull, who was in the Sheriff's pri- son. Saw Ogle take Burland aside and finally take him away with him. He took him to a public house, the two other wit- nesses Lawless and Moore, were not in company with them, and he induced Burlaud to sign the deed as the others had done ton the 24th of May. The four witnesses had therefore delibe- [rately signed this forged document, and gentlemen you will find that Burland's signature was in different ink from the oth- . ers, though it is asserted that the document had been executed at one time and one place. An attempt is made to account for this by saing that there were two ink bottles, but that, I think, speaks for itself. Some of the friends of the family suspected Burland, and when they questioned him on the subject, he dis- covered all. Gentlemen, these witnesses belonged to what is called an Orange Society, between the members of which there is a kind of link connection — a bond of brotherhood — ^they are bound by no common ties, and pledged to asssist each oth- «■. er on all occasionB. I do not wish to cast any imputation on the society in general, or on persons who may belong to it; bnt I cannot help saying that the defendant, made use of the in- fluence of his situation in it to induce those persons to lend themselves to his purposes. Any of these persons is suflicient 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 shews a community of design, anyone of them 'is sufficient evidence against the others.] R.O. Gowan offer- \ ed to give up to Vi^illiam Gowan the deed which Fearn had drawn up, giving fo him £200 out of the lands of Ashwood,if ^ William would give him the codicil in which he was left £100 . I a year. Gentlemen, that will go before you to shew the value . * which was set upon the deed in question. Mr. Scott then pro- ceeded to argue upon the subject of the Bill and Answer 'which had been filed in the Court of Equity. He then read f tome letters from Vi^illiam Gowan to Burland, in one of which, i^ated the 12th of July, he says, "Keep up your spirits and fear not, we will be victorious. Great preparations for the i bonfire to-night" — (a laugh.) Here one of the Jury was sent rtfbr 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 ThefollotDing are the letters which were read by Mr. Scott in the courae efhia etatenuni.) ■ %fi'"':,::,r JVO. I.— bated Carnew, June 12, 1824. :: '^^c >,;.... -I ( Cojpy Letter from d^endantto Mr. JohnBurland.) . ,. % I "Mr Dear Fr i eptd, — As I am well aware that you value my irUereet, '" which must tend in the end to be alto your interest, that you will nipt (fail, let what will occur, to come on Monday next to Carnew to ne, ai 1 "have busineM of lidiPORTANCK ^;';>v* -iyviu. ..■^^ttiMi:^ ii^ SifiJ J^O. 2.— Dated Carnew, Nov. 8, 1824. nm . ** Mt Dear Sir.— As I have got every thing settled, I would wish to see you early in the morning, or this evening. I have now nothing to fear* they are all at Mount IsTebo in despair. I have been succ9ssf^l a- bout getting the money/ Compliments to Mrs. Burland &nd the fkttily, jmd believft ne, my Dear Sir, to remain tQl death, your sincere friend, WILLIAM OOWAN.^» .^-.r.., i 'tf*'^*'-*^.-'- '■fc, .1. 9 putation on ngtoit;btit e of the ili- ons to lend is sufficient i a passage laia down, number of one of them Jowan oflTer- I Fearn had Ashwoodjif as left £100 )w the value [)tt then pro- and Answer [e then read ne of which, spirits and lions for the iiry wae sent II bis return, le Jury, and erdict of the >tt in ih« cow •tl«:i: HI Id.) ^- .^J:, ■ Itumyiriiwut, you will nipt lew to me* >i 1 tare therefore omingtoDM.— sn, yoia: lAver GOWAN." Ter be breken m would with to ow nothioK to m lucctHful e- iQd the ftOBily, ifteere ftienil, GOWAN.^» N. B.— " I will be going home te-nerrow, end will noC be back fev • deye, but I with to lee you in person before I ge." Mr. John Burkind Loggan.** MV. 4.— Dated Camew, July IS, 1815. II Mt Dcak Si ■I lUtle not lurpriied et your beln_ not leeing me, but I tin not ao bad u yoa imagine, or ai you say in yew note of this day, for if I bad beard or teen more I would be with jre« Immediately, at I promited. I am juit after receiving a letter mi ^OLE, written by the desire of Lawlbsi, denying any linewledge el Fit, and laying he will ever atand Juit to my caute; he will be down with iCouniellor M'Kane in a few days in the country. I enclose yea hie letter. Lawlcss's wife is down at Moobk's, at Sandyford, at freaeat. I sent word by her for Mooae to come to me. I am waiting te see hia before I see you, and therefore I don't like to leave the houee a memeat . expectina to fee him, as I am sure if be came here and I out, be would be off to Gorey, or down that side; considering this, I am sure yea don't I blame me. Oolb was so astonished that he mentions in his letter, that Ihe was afraid you, Moors or Lawless wa* bribed! If possible eeoM [to the Market on Thursday, or write t* me, and when you appeint a day, on Thursday, I will go to you. Lawlesi'i wife told sae here, [that so far from him knowing any thing about the report, that be iuw )flen told her, and ibey by themselves, that he would not leave aae fsr ^iSfiOO, and sne said she was sure Moohb knew nothing about h. 1 alee heard that it was a making of the opposite side to put out such a repert in the country. Keep up your ipirUs and f tar not! ws toiU 5« vioTOai- ous ! I Ortat preparationt for the Bon-fitu to-night ! ! ! " Until death, ever sincerely and affectionately your'i, WILLIAM OOWAN.'* Mr. John Burland, Loggan." r^ J^O. X. Dated 3, Bergan-place, July 10, 1825. " My Dear William. — I was somewhat astonished when I returned from town this moment, where I have been all the momingf to find that yon had written a letter to William Lawless, which came here this morning, during my absence, and was sent to him immediately on re- ceipt, by his sister. — Fanny (Mrs. Gowan) tells mo he came back here immediately after, but did not shew her any of the letter, but to tell her to tell me tv write to you in his name, to say that he disavowed all knowledge of the thing! that he was still faithful to your cause, and that , he would noon see you in the country. 1 confess the news had surprised [me a little, as 1 infer from it that some of them have bribed either Bur- fland, Moore or Lawless ! I am still more amazed that youshould write te him upon the subject, but not say a word to me about it. I now htg you will let me know all particulars by return of post, as you must be aware, I must necessarily be anxious upon the suMect ! You did not seed I the book. Yosir's, very truly, OGLE R. GOWAN.** ; " To Mr. Wm, Oowan, at Mr. Graham's^ Camew," ^^ « (bearing the Dublin post-mark, j ' ' : ■ .'^r - ^* JVD. IIL— Dated « Antidote Office," Jan. 31, 1826. ''Mt Dear Sib,— When I was leaving the country I promised to write to you on the Monday following, that was on Wednesday I seen yon at Loggan; on Thursday following, I :;vent to Dublin by the Wex< ford Coach and got into Dublin at eleven o'clock at night; a Friday I 1^ lUid there, and on Saturday Cooniiellor M'Kane lent m* off again to the country for papers; I went by the Carlow coach and waa in Cailew on Saturday ni^^bt, where I stopped till Tuesday. I returned again to Dublin on Tuesday night, so that 3 Dublin Journeys in 4 days. Ogle has come homo from the North. My busineas ia getting on famously, tn 80 mveht that J don't fear success. I hope this letter will get you/ Mrs. fiurland and the children in good health. — I will be delayed a week longer in consequence of the death of Counsellor M'Kanes wife.-^I am my deas Sit, ever sincerely yours, till death. — « WILLIAM GOWAN. 4-^ Mr. John Burlandi to the cars of ^ tffi Mr. Bat Burland, Loggan.** > . : . ■ \ . • .* -vj^.^ ?^ JVO. F/.—CarneW, August 14. " Mt Dear Sib,— I got two letters since from Dublin. Mr. Dews* says if the suit should continue for one thousand and one years, I am entitled to tb« rents all the time! I was speaking to Counsellor M'Kans to day, aWs well. I got the notices served on all the tenants, they all seemed reconciled to them. I hope Mrs. B is well and the little ones recovering. 1 write this to let you know how piosperous things sre going on, sincerely till death. WILLIAM QOWAN- "Mr. John Burland, Loggan." >.; ■,^. ^■:\ ^...j,.^^ ,^ju i«,^^ *.,:^_v^i*i :.i b^.. nN*0. VIL — Dated Carnew, IStli August, 1826. ' -' rji' {Addressed to Mr. John Burland, Loggan, by agreement.) " yij Dear Sir — I have considered, and re-considered the advise you gave me the last time I had the pleasure of seeing you, and upon th» most mature consideration, I beg leave to inform you, that I cannot nor will not consent to the same, and for the following reasons: — First, I never could consent to give up a property so fairly given me by my fa- ther, and think of leaving myself depending en frierula, — friends, as you strove and •ndeavoured to make me believe they were, but which I know b]^ experience they are the contrary. Secondly, if I did cosant to agiee with your advise, of making a settlement with them, they would try to take all from me, and I am sure they would be glad to see me beg' gingi and, thirdly, because I know it no fairly and justly my right, aright 1 will contend for to the latest moment of my life, and which you, wr, well know my Father gave me in your prcsenc^; and as to your parting compulsory advice, pardon me for the expression, 1 care not for U! u you, sir, or any other of tbe witnesses, would attempt to shrink from that cause in which they have so fairly embarked, you knew 1 can re- sort to measures to compel them, and which JwUl do, but which I hope I never shall have occasion to do, for I am aure too much honour dwells in your breast to so soon forget the promises made to onenow no more! and I am sure you too much respect the ashes in the grave to relinquish a trust he no faithfully placed in vou. I am sure if any person told oty Father when living, that you would betray him when dead, be would tell them they were lyars, for to every intent and purpose ii would be betraying hitn to endeavour to get away from establishing nis act and deed, made of his freo will and consent, and not through any suggestion or influence of mine. I hope I need not say more to you on this head. I muot conclude by assuring you that I never will rest, day or night, until I establish ray right in and to the lands of Ashwood; and if any thing should happen me, it would avail my enemies nothing, ai I hfiTe made arrangements bow it would go after my death; consequent- . « M] swer tfl the otb |lowing [was a s ■coming (18th) above i hope .^i' to distr friend, "Mr., ■-f " Mj i| amendi '::■ night. ;r Saturds ' ments i not the arrange every t and Wi moment purposi dren oi the ide tor,** fc sent li^ hopes 1 pany, sent, I Mr. I end wi I toithau ment. \*'Mr. "D« at the thing altot "Mr. ,-i«.-.- - ;. \ . off again to »a in Catlow iie4 again to days. Ogle fatnou$lyt tn ;et you, Mra. ayed a week wife.— I QOWAN. Mr. DowM J rears, I am orM'Kans nts, they all le little ones 18 thing! are GOWAN. ..vS. >25. Tunt.) le advise you, nd upon (he I cannot nor )n8: — First, I me by my fa- riends, as you but which I did cosent to I, they would Me »e beg- rrtgAf, aright tiich you, Sir, your parting not for U! If shrink from low 1 can re- which I hope UCh HONOUR le to one now i the grava to if any person hen dead, be lid purpose ii abliahing his through any ire to you on will rest, day Lshwood; and 8 nothing, as f consequent* 'w ly my JRsprssentoitees have as good a right to it as myself. 1 am, my dear air, your faithful friend, but much nettltd. , ,. .^ WILLIAM GOWAN »„., ** Mr* John Burlard, Loggan.*' .^ : T JVO. r///.— Dated Carnew, August 26. >^ " My Dear Sir — ^This morning I set out for Dublin, to swear my an- swer to the amended BilL I bad a long conversation with Hvntkr the other day. He said they would make it up on no terma, but only al- lowing me the £60 a year, and me payingfojf (Ae cosfo, as be«aid if there was a settlement it could not be expected fur tbem to pay. their costs for coming on terms with them. I hope my letter to you an the Fatr-doy (18th) had the desired effect of pacifying your friends! Hold past! but above all, hold no communication on the business with friend or foe!!! I hope .^I'irs. Burland is well, and the children on the recovery. I tfiteiid to distrain immediately after coming from Dublin! Ever sincerely vour friend, Wm. GOWAN.*' " Mr. John Burland, Loggan." JVO. /X.—Dated Carnew, September 7, 1825. •^" A'^ -^ [JFVo'n Sdms to Same."] T -If " My Dear Sir.— On Friday .*-;st, the 2d inst. I swore my answer iv the amended Bill, and returned to Carnew about 10 o'Clock on Saturday night. Mr. R. B. Dowse, of South-Cumberland-street, came down tin Saturday last also, by the Cailow Coach, to see the necessary arrangev roents made fur me for d if training the Tenants of Ashwood. I know not the moment he, Mr. Dowse, and Mr. Hope will be with me for to arrange every thing, and appoint a day for going to Aithwood, so that every thing is going on well respecting it. I saw Ogle, Wm. Lawless and Win. NIoore since; all of them seem determined to hold out to the last moment!!! I hope the letter I wrote you on the Fair-day answered tht purpose it was intended for! I hope Mrs. Burland is wetl and the chil- dren on the recovery. Remember nie to her. Mr. Bull has abandonoil the idea of going to the ^orth, or of setting on the " Armagh Modera- tor,** for he has settled at, I believe, Nu. 46, Mary-street, and is at pre- sent living there. I was in the new bouse with him for a long time, he hopes to do well in it; he has been appointed Agent ior vn English Coom pany, for the sale of English works. I have nothing more new at pre- sent, but remain, my dear sir, until death, your sincere friend, Wm. GOWAN.^* " Mr. John Burland, Loggan. " . 4» ^1 JVO. X. — Dated from Bergan-place , 6 o'clock. ' ^*^ '' " My Dear Friend. — I will have buiiiness in town in about two hnurs and will expect to meet you ^t the Aacade at 7 o'clock this evening, without fail. I hope you will not disappoint me, as I will be to the mo* ment. Very sincerely your's, OGLE R. GOWAN." Mr. John Burland, at Mr, Q. Bull's, ,.^il^.« 53 Mary-street.** f ^.-'i :.^^:.rm «.w*lt^ ••• FO. XW:— Dated Bergan-place, Nov. 14, 182 ' ^'^^ " Dear Sir — I hope you will let me sec you this day, at the Abcapk, at the hour of 4 o'clock precisclv, as I wish to communicate to you some- thing I have just heard. May I beg your attention as I will be punctu- al to the hour. Very sincerely your s, OGLE R. GOWAN.'*,^ " Mr. John Burland, at Mr. O. BrdCs, , , ,t^lA KA -' - - - ■ ■- - - ^ -J -''**' ■mm^. NO. XIII. — Bergan-place, Saturday evening. ** Dtar Sir— I have iatt bad yoar very extraordinary letter, and to me quite incompreheMibfe. Ma^ I therefore beg yon will call *o me here ea te-merrow (Sunday) morninf, at or between the hours of 11 and 12 e'cleck, whe« I will lUte fully my mind to you. May I entreat that yeo will allow no circumatauce to prevent your coming, aa it may be a#im»erUnce. Truly your'i, OGLE R. GO WAN" ** l^hapa yon could come to breakfaat at 10 o'clock. O. R. G." " Mr.JtknBurland, at Mr. O. J9uW»».?* ^' ? < v^i - ^^^' 7^^/V«M,^iu ^^* 59, Mary-street." vi., ^ JW. Xir.—So Date. Ogle Gowan to Burland. ** Dear Friend — William is to get some money to-morrow morning, therefore Imoat eame$tly request you will not go till Monday morning. Touahallsee or bear from me to-morrow. 1 have most particular busi- Be« with yeu of the first importance! Your's ever faithfully. OGLE R. GOWAN.*' " Mr. John Burland, Lo^an." RICHARD BOLTON, Esq. Examined.— Proved attested copies of answers, and part of Depositions in the equity cause. Met Testator at Spring Assizes, and had conversation with him, he seemed very angry, and said that he, Testator, would make it a bad business for them that brought him there. Wm. GOODISON, Esq. proves attested copies of remain- QCr. <: \ ^. (■ '.■:■:..:.• .1. ,...■"•,■..''--: ",>i. '" :..: / -y-.. ..■.-. William Donovan, Esq. Knew Mr. J. H. Gowan; saw him in May, 1824; went to Mount Nebo with William Gowan, to draw Mr. Gowan 's will; William Gowan came to witness's of- fice in Enniscorthy for him; witness lived at Bessmount Wil- liam Ck>wan came again with the title deeds, and consulted with witness whether Mr. Gowan had the power to bequeath his property; William asked him about a deed, which it was said Mr. Fearn made of the lands of Ash wood; William said Testator was hostile to Thomas Gowan, and Ogle Gowan had a deed drawn by Mr. Fearn, but William Gowan did not know whether it was perfected, conveying his property to Ogle: Wm. insisted Mr. Donovan should go with him — his father was in bed, was introduced to him in his bedroom by William Ciowan; his father was in his sound mind; took his instruc- tions to draw his will; William and Plaintiff were the only persons present; these two was consulted by Testator as to each legacy: the account of them was in William Gowan's handwriting; made the saYne for each, the fund to be paid out of Ashwood, containing 400 acres, deducting £100 a year to William, the whole, calculated at 18 years purchase, amount- ed to about £5000 to pay the legacies. William directed himself to be made executor, and that the executors should 'be prol desired May,w togethc direct!) his (wi to ter froi ^illiai [Testati ductioi Defen( ness a1 left th [of the 1 which [having ;alterat |or eng ^with E Croi at the I euting -he dro eomph ■aid ^'^ thing! The Testat I A cup |BiUoi I witnei JThomi itfjer Og I brougl Thorn count, hands Webb in exl notth hadh buth< his lei 13 ig. > n, and to me 11 *o me here of 11 and 12 entreat that M it may be OWAN" •O. R. G." and. >w morning, lay morning, rticular buiii- JOWAN.*' id attested ]uity cause, sation with ator, would here, of remain- n* saw him Gowan, to ntness's of- nount Wil- d consulted o bequeath hiich it was ^ilMam said Gowan had id not know y to Ogle: —his father by William his instruc- re the only stator as to m Gowan*8 be paid out € a year to 36, amount- m directed tors should be proteoled, liiid to be left J&ldOJfor his trouble; his fathei* desired Mr. Do&ovan to be secret to his will; on the 10th of May, witness attached the codicil to the will, sealed them up together, and took them to the Rev. Mr. Moore, by Testator^s direction, but finding Mr. Moore from home, took the will to his (witness's) house, and on the 19th of May, gave the wil), . to the two Executors, in consequence of receiving a let- er from the Testator directing him to do so. At this time illiam Gh)wan never gave witness to understand that the Testator had made any deed in his favour, but since the pro- duction of the deed in question, witness has suspected that Defendant was alluding to this deed when he sounded wit- ness about the effect of the deed to R. O. Gowan. — ^Witness left the draft of the will made by him (before the alteration of the legacies) with the ^Defendant. The first engrossment which he made was on the 3d. This he left with Defendant, having previously made a fresh draft in consequence of the alteration made by the Testator in the first, which last draft or engrossment is the will as executed. The draft he left with Defendant he never returned. Cross examined by Mr. M^Kane — ^Witness saw the Testator at the Spring Assizes, 1824, when his son Thomas was prose- cuting O. Gowan. Testator was anxious the prosecution sho'd be dropped, and was displeased that his son Thomas did not comply with his wishes. When Testator executed his will he sud ** There was an end of all deeds, there's no deed — no such thing!!!" The Rev. J. T. Medlicott examined bv Mr. Scott. — Knew Testator who sent for him previous to the Assizes to breakfast. A cup and dagger were stolen, and Thomas Gowan had sworn Bill of Indictment against Ogle Gowan; their father requested witness to speak to Thomas to relinquish the prosecution. — Thomas refused to do so, as he said he would shew to his fath- Ogle's rascality; had a second interview in Gorey, and brought Thomas and his father together before the Assizes — Thomas then declared that he was not acting on his 6wn ac- count, but on the account of his sisters and brothers, they shook hands ; had a third interview in company with the Rev. Mr. Webb, at which time the father was in bed, joined Mr. Webb in exhorting him to be reconciled to his son, which they did not think he was, as the passage from his residence to Holyfort had been stopped; he told them that this was no act of his, but he supposed it had been done by his sons; constantly found his legitimate children in the room with him, with the excep- ».' '-;■>■ . U '\r.'''^.' ■■■. tion of Mrs. Coldough Gowan; effected a reconciliatioD between him and his children previous to the 33d of Maj; they were called round the bed-side, and he shook hands with them all ; saw him on the 23d, by a message from him; he was of sound mind) but was much distressed because that in his will J&IOO a year had been set down to William; this he wished reduced to £50 adding that he had been a good and dutiful son to hioi^ and that he would leave him that; he asked witness to draw a codicil to his will to that effect, as his attorney, Mr. Donovan, lived at a great distance; witness told him it was no part of his business, and that he was not competent to it; afterwards con- sented. Testator then ordered the room to be cleared; as the last person (a maid servant) was leaving it, she pointed signi- ficantly towards a corner, on which witness went over, and dis- covered the figure of a human being rolled up in a blanket! told Testator, who evinced much displeasure, and desired that be should be instantly turned out; does not know who the person was, as (unwilling to put him to confusion) he left the room untilit was cleared; witness then called for pen; ink and paper, and sat down by the bed of the old man, when the door was violently thrown open by W. Gowan, who said he understood that witness had gone there for the purpose of interfering be- tween him and his father; witness told him he had not, and re- quested him to leave the room; he said he would not until wit- ness pledged himself not to do any thing detrimental to his iii>- terest; witness told him that he would do nothing further than commit Mr. John Hunter Gowan's will to paper, but that he came ihere for that purpose, and be the consequence what they might, he would do it; again requested him to leave the room, adding that if he did not, he (witness) would; Testator caught him by the arm and entreated him not to do so, and perem)}to- rily ordered William Gowan to quit the room, which he did ; witness then took the Testator's instructions, and perfected the codicil, which was signed by three witnesses. When Mr. Webb and witness had nearly succeeded ininducing Mr. J. H. Gow^n to forgive his son, Mrs. Colclough Gowan started up, and said, " Father, if you forgive Tom, I mevbr vyiix !" Doeb not know the contents of the will, ut i ;s>f) a f^^ ; gfe^ieH Cross-examined by Mr. Brewster, but nothing materilil eli- cited. Rev, Mr. Webb, examined by Mr. Scott. Knew the Testa- tor for 14 years, visited him in 1824, shortly before his death, as a friend and a former parishioner, he was of sound mind at the time. t>,-- < -• .. -i ■■ r ;v.M»i» .vijv.u.<<*^f^ the person ift the room c and paper, e door was understood erfering be- not, and re- let until wit- al to his im- furiher than but that he :e what they 'e the ro(Mn, tator caught d perempto- ich he f Testator's n the 23d; ss, and not the draft in the hand it, with the i^acies to be itroduced into the new will, which was to be copied by the [S4th-^at one oclock they were to come to execute it. At that [hour they were to bring Wm. Moore and Wm. Lawless. Did )t make a copy of the will for fear it should be perfected ; ley wate to sign it at Loggan ; they said Testator could not le, as he was confined to his bed. Witness left houie on morning of the 24th, wont to Wicklow, and from thence Roundwood; slept at Freemount on the 26th, wentto Dub- in on the 2Tth, accompanied by his brother, Benjamin Bur* id ; called at the Hon. aud Rev. Edward Wingfield^s on msiness ; knows Mr. George Perkins Bull, is witness's broth- ^ft'^n^law, and Tras in the Sheriff's Prison at the time for a li- i\ on a Roman Catholic Priest ; saw him that night ; saw le Gowan in Dublin on the 30th of May, in Bull's room, be- liever there was some bargain about to be entered into beween sm for the purchase of a share in " The Antidote ;" witness iftd Ik conversation with Ogle at the window, and he said wit- $S8 had used him bad in not writing the will, and told him if^t his iatber was dead ; Ogle asked witness) to walkout with I, an«lhe did so, and they went into Bolton-street together. %ie told witness he had a deed in his pocket, conveying the iroperty of Ashwood to his brother William ; asked witness to into a public house and he would show it to him, as it was bad place to pull it out in the public street ; went with him ito a public house off Bolton street, and having gone up stairs tale produced the deed ; no other person was in company rith them at that time ; (witness here proved the deed ;) Ogle iked witness to sign it. At that time Ogle's name, Moor's lame and Lftwless's besides the name of the deceased, J. H. >wan, were to the deed ; witness put his name to it in that >Ublic house, at that time, and John Hunter Gowan's name ras then to it. Ogle asked witness was it a good signature -was the name John H. Gowan a good " imitation" ! ! ! In answer to a question from the Court — " Is quite sure he sed the word " imitation." — The reason he gave for asking im was, that his family never would suspect the deed to be a Kbrgery if witness's name appeared in it, and that was the rea- cm he came after him to Dublin, because there was a friendly ' itercourse between him and the family ; and after witness put lis name to it, Ogle put it up in his pocket : and witness accom- >anied him to Counsellor Benedict Hamilton's, in Manor street, consult him as to its perfection ; Ogle paid him a guinea and told witness it was his hand writing, and believed it to be so. — lurfc— Often saw Ogle write, and even without his telling him mttm^ 18 so, would fomi a judgement that it was his hAnd writing — Saw both Ogle and Wm. Gowan at different times imitating thek father's hand writing before the transaction of the deed in Dub- lin ; they often signed summonses for persons to attend in their father^s hand writing, and they did it very well ; after they went to Mr. Hamilton they returned to Cox^i hotel, Bolton street, and took a snack there ; had been engaged to dine w i^ Mr. Bull, but that prevented him; accom|>anied Ogle some streets on his way to the mail coach office, as he was to travdl all night, to oppose the reading of the vnll with the deed ; 0|^e said all the names were put to it at the Mount, and the witness- es were all sworn to support it ; parted from Og^e when be went to the coach office. Early in June returned borne from Dublin, saw Wm. Gowan first, who said he was obUged to hohn for his signature ; received the letter produced in Court, from Wm. Gowan : supposed the meaning of the words, *^The liiik that holds us brothers can never be broken,* referred to the Orange Society ; went to Carnew as the latter required ; Wil- liam always begged witness to say it waa a good deed, if any one spoke to him : asked witness to swear to the memorial to to register his deed about five months after he came down from the country, did not swear to the memorial as he would not per- jure himself. Defendant did not ask him to do it after he once declined ; often advised Defendant to give it up, advised the witness also, and endeavoured a good deal before he would step forward to expose them ; went to Mr. Graham's of C^mew, with Wm. Gowan to register the memorial ; Wm. Gowan, Jah- seph Swan Graham, Mr. Manifold and Mr. Hope, the Attorney, were in the parlour ; Lawless came in after to sWear ; before witness went into the parlour Wro. Gowan asked him to swf^ar, and when he refused he told him to make some excuse, thiit it was a family business. Mr. Hope asked him to make the affida^ vit ; told him he would not, that it was a femily i^air, and he would have no more to do with it ; the reason he refused was, because he would not perjure himself to all intents and purpo- apprised Defendant that he would tell the truth if he woidd ses not give up the deed : Defendant told witness if Mr. Hope ask- ed him any question he was to say it was a good deed, and when requested, he would give it up as a compliment to the family, and be at peace ; after it was signed and sworn tof by Lawless, witness took it up by the corner and put his initiai.8 to it, that he might know it again ; followed Lawless into th^ hall leading to the kitchen, and asked him how he came to swear it ; Lawless opened his hand and shewed a certificate ,111 •;• ir cou id wn blan towan >y in jr was re- ^ou, ai tnowl ihewe ^wosul ^526th A raa es ced thi Bull; [r.W kahd -% rould pat »ey,c riih ^ >gles (he de udtl |im fr< )ut he the SI Cro lany »ectal -No; Enow |burth( ips moi itimaU t« '.^ ritiog — Saw itating their eed in Dub- end in their after they Dtel, Bolton dine w ith Ogle Mme fas to travd 1 deed ; Og^e the wiiness- gle when he home from tUgedtohJm Court, from «'The Ifaik rred to the uired; Wil- eed, if anj memorial to e down from Doldnotper- iiler he once advised the e he would BofOamew, Gowan, J«»- he Attorney, rear ; before tim to swear, ceu86, that St Iretheaffida- srffair, and he refused was, i: and purpo- h if he wouid r. Hope ask- i deed, and iment to ^e worn to by his INITIAI.8 less into th^ ame to swear icate signed x.^ ij J. H. Gowaa, and he said, ** That's what ! swore to ;" Law- asked him did he never know that Ogle Gowan had been shristened John Hunter, and he said he never did ; received stters from defendant and 0. Gowan ; received a letter dated 10th July, 1836, from O. Gowan ; the letter to Burland dated Vlth July, enclosed the letter from Ogle to Wm. Gowan ; saw ^m. Gowan the day before the fair, and on the fair dav of Car- r, in 1885; believes it was on the 18th or 19th of'^Novem- ;• insisted on his giving up the deed, that every person in country was ashamed of it : he said he would give it up, id write witness a letter to shew his friends, that he would not blamed for having a hand in it; proves the letter in Wm. Rowan's hand writing dated August 18, 1825; got it bv a little )y in the fair on the 19th, shewed it to his friends. The let- was here read, thus — **My dear Sir- — I have considered id re-considered the advice you gave me the last time I met ^ou, and I cannot consent to give up a property, which you Lnow to have been so fairiy given me by my father, &c.) — ihewed it to the family of Hoj^ins, at Mount Nebo; received subsequent explanatory letters from defendant, one the |26th August, no year to it, the other the 7th September, 1835; ^as examined in Camew before the Commissioner; had divul- ed the conspiracy before to Mr. Bat. Burland and then to Mr. Bull ; sent those letters by Mr. R. Hopkins, the Plaintiff, to ' Ir. Woodroofe, the Attorney ; proves a note to him in Ogle's kand writing, dated 14th September, 1824, hoping that witness 70U\d meet him at the Arcade at 10 o'clock, and that he would punctual to the hour; went next day to Mr. Dowse, Attor- ley, Cumberland-street, to get the deed given up. Ogle went rith witness, who said he would divulge the whole cause ; >gle said he came from the country for the purpose of having Ihe deed settled, he said the family would give the £100. I id that was not the case as it was only £50: went away with |im from Mr. Dowse's ; Ogle wrote to him several times after, >ut he did not go to him ; saw his brother Benjamin Burland in Ithe Sheriff's prison with Mi*. Bull. Cross examined hy Mr. Doherty — Has not been witness to lany wills, the people in this case thought him a most res- pectable witness — ^What is compunction? Is it compulsion? I— No: compunction is quite a different thing — that thing you ^know that you took out of the County, and after carrying the ^burthen about with you dropt it somewhere about Delgany. — Is more attached to the legitimate children than to the illegi- Itimate. The lads that promise most are best boys. I dent w I understand you. Do you practice in the Equity Court? 1 believe you are a simple conveyancer. What do you ohargs for a virill? I was badly paid — I never charged any thing for drawing the will. — Aye, thet'» the rub. What would you charge for a good lively will? Why did you sign the will? It was to prevent the persons from doing a bad act. When you came to sign that honest fellow "John Burland" to the deed it was to prevent any other person doing it for you. I told the family shortly alter. Said you, Tom, have your eye about, for I am forging a will for your father. (A laugh.) — I told Tom to go into his father's room and remain there, that they should not have an opportunity to say in his absence that any thing was done that was not done. Simple John, what Am Tom say? He said he was sure they would do some villain- ous thing. There was no copy made at the time he gave Tom the hint. Why was it you went on the 26th to Dublin? To prevent doing any more about it. Did you lell Tom you were going? I did not see him. I wonder then that you did not hint that the will was ready, and that he should mount two sentinels instead of one. Ogle Gowan su y witness in the Sheriff's Prison; he spoke low, the room was large ; he told witness that he had used him ill, and that his father was dead; he hinted about the deed, but did not speak out. Then he did not like them to hear it? You may judge that indeed. I am not much experienced but under you I hope to come on.-— Signed the deed conveying the lands of Asnwood to William, it was five months after that he told Tom. What! you gave him a hint about the will, and yet you did not tell him for months after at out the deed; you are a queer fellow. When you put your name to the deed it was only for the purpose of shelving how you could write. Now Jack, have you any chil- dren? I have sons — Yes sons. It is a pity the breed should be lost. The breed is encreased — (A laugh.) It is a pity it should not. Who did you tell it was a bad instrument to? I lold it to Mr. Bull that it never would succeed, and to othera. Can your sons write? Some of them can. Signed the deed in the house in Bolton street ; went direct from thence .o Counsellor Hamilton's, and then to Cox's. You have attend- ed the Courts? Never before. You gave a guinea for the law I believe. Ogle told him he would go home in the night coach; was examined in the Equity cause at Carnew. Did he ever swear any thing like this; Here Mr. Doherty read from the witness's depositions that the parties were sworn t6 sup- port the deed, but that Ogle Gowan would not ask him to do 80 for £100. That's true. Well tell me when it is false, that ^havini forger efore '■•'M ■.A ii r Courts I you charn iy thing Mr would you be will? It When you to the deed ^ott. I told r eye about, gh.)—I told e, that they ice that any n, what did ome villain- ke gave Tom Dublin? To m you were you did not mount two ilness in the ge ; he told ;r was dead; Then he did deed. I am come on. — to William, u! you gave tell him for low. When ! purpose of rou any chil- ireed should ft is a pity it iment to? I id to others, led the deed n thence .o lave attend- inea for the in the night ew. Did he 1 read from irorn t6 sup- ple him to do is false, that ■4. le would not make him a liar — (It would be difficult to make [you a liar, Jack)-^that he went nfter he dined at Cox^t. No, that's not right. Did you dine twice that day? No. Then [the person who swore that you first dined at Cox't and then Kwent to Mr. Hamilton's, swore falsely? It iii a mistake. Were fou ever by at the signing of any other forged deed? I was; le deed of Ogle Gowan. Did you tell Tom of that? No, be- cause Tom had heard it before witness, as Tom had been in Dublin, and Mr. Bull told him that Fearon had drawn such a leed. Believes it was William Gowan first told him, that the >ld Captain was very angry about it; saw. that the deed on the 9th of April, 1824; heard of it before that but cannot tell low long; the Captain told him, at his fish pond, that George lull of Dublin had made an affidavit of his having con- veyed the lands of Ashwood, to Ogle, the Captain was a rery friendly gentleman ; saw it the 9th o^ April with Ogle ~ >wan ; signed liis name to it. What? to that deed? Yes.— ^ !*hat the Captain told you? That he told me. And pop goes rour name to it in the grove? In the grove. (A laugh.) ^n April morning? Did you say any thing about it? I said ome words about it. And you swore some pretty words ;about it. Juror : Did you ever tell Tom you put your name o that deed in the grove? I believe I did not. It was a brgery, J. H. Gowan told him so. And told you so a month efore, thou Prince of Forgers. Saw the depositions since e swore them. Some time before the 9th of April Mr. Gowan told you of the deed of conveyance, after that you et Ogle Gowan and signed it, and then you were exam- ined in Carnew, and you swore that you knew it to be a brgery J. H. Gowan never told me so, he never saw it. And ho, swore it? Is there another Jack Burland in the world? ack I believe you may gfo to the grove. >; Here Mr. Scott was about putting a question to witness wi^ cting his charge for drawing wills, but afterwards said he ould not ask him the question. '^'^^ Mr. DoHERTv. — They give you up. Jack ! — (a laugh.) John Hunter Burland examined by Mr. Dickson. — Is son <^the last witness, knew John Hunter Gowan, was called fHunter after him, being his god-father ; saw William and Ogle owan at his father's nouse, they were there several times, 'but recollects particularly the 23d and 24th of May ; saw them with his father in the room over the parlour, William €k>wan was sitting at a table on which his father was writing, this was on the 23rd ; went in to get some turpentine, his brother having burned his foot ; passed the table to get the turpentine \ .■ 1 ■■'.■ %2 m nd read at ihc head of the naper on which his fatlMr WM vviUing, « IN rm: name of god, amen, i, john hun- ter GOWAN,"— askod his father how \\e did that, he an- swered it was easy done. William Gk)wan turned the paper down and said, it was very wrong for any one (o look over another person writing. His father left home on the moniiog of the 94th of Mk} , he believes for Dublin, saw at his father*! on the 24th, William Gowan, Ogle Gowan, Moore and Law- less, the latter are brothers-in-law ; — Wm. Gowan asked wit- ness was his father at home ; his father desired him not to tell any body where he was gone to. William Gowan said, Burland would never betray him. Witness 'said he did • t know where his father was, that he was out ; William ^aid re did not think he would be lon^ out, as he had jjronii.d to meet him that day ; after waiting some time, Wu ., Jgle, Moore and Lawless returned to Mount Nebo, aod the day af- ter witness heard of Testator^s death ; was at the funeral, De- fendant was there, but not Ogle. .' Cross-examined by Mr. M'Kane — His father was a farmer ; was examined in Carnew, in the equity cause ; read his depo- sitions lately. (This witness corroborated the former in ma- ny essential particulars, without the least prevarication.) (J. C. Beauman, Esq. here applied for leave to explain a^ mistake he fell into on his cross-examination the preceding day< — Leave giveu. Captain Beauman here ascended the ta- ble and said, tlictt in answer to a question put to him on his cross-examination, he said John Hunter Gowan considered William Gowan the best of his children ; what witness meant to say was, that John Hunter Crowan said he considered Wil- liam as having the best head, and did not mean to speak of hii iQoral character.) Benjamin Burlano, examined by Mr. Scott. — ^Is brother to John Burland;. recollects the period of Testator's death; w^nt to Dublin about the 27th or 2^^<' Miy ; went by himself as far as Freemoun*^ from that was a<-.*i n.ij:"i. ied by bi« brother, John Burland, whom he met at Mr. rr).>':;ijfci a; went .o Bull's, at the Sheriff's 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 Soman Catholic Priest ; was with Bull the day before at ihe insolvent Court, when he went up to take his trial : saw Offie Gowan and John Burland talking together privately at a v^ifidow in Bull's room, aud shortly after Ogle took Bur- iuod out of the room and they went away together. Wit- Besi dined with Bull that day ; John Burland was expected to ■■»•■ n •^ fatlier was DHN HUN- hat, he ad- d the paper ) luok over :he morning his father*! and Law- 1 asked wit- him not to !owan said, he did > t lam f*aid ^ 8 )ronM:.d to Wu , Jgle, the day af- funeral, De« IS a farmer ; id his depo- •rmer in ma- .ation.) to explain a e preceding nded the ta-^ him on his considered itness meant sidered Wil- to speak of — ^Is brother iter's death; it by himself f hi« brother, ent Lu BulPs, accompanied mt to Dublin; ne for a libel lay before at lis trial : saw n-ivately at a e took Bur- jther. Wit- I expected to dine there also; but he did not rfitiirn. Knbws'Mbofe and'TJaw- less, saw them going to^ it^s John HdiUnd's house on the 34th of May, in company with Wtu. and O. Cowan, could see ihcm just to it, going two by 'vo. Cross-examined by Mr. Moore at some If ngth ; Bull did not :o to the window with Defend.'*nt and John Huiland ; did nut ar them say any thing at that time about the deed, but believes he conversation was about signing a deed. Counsel — Yon re not asked that question, sir, by the Counsel at either side; may go down. ' '• iLLiAM Wkbbtkr examined. — Knew Defendant and Ogle, onter Gowan and Denis Furlong; heard Defendant say nls ather desired him to bum a deed, that he took the deed to the re place, and instead of putting it in the fire, he let it fall in le coal-box under the fire! Cross-examined by Mr. Brewster, but adhered to hie testi- lOny throughout. Dkmis Furlomo examined. — Recollects about th i perioii of estator's death, heard defendant say, after his fathet^s death, t he had a deed of the property, but which his filth er desired inn to burn, and that he then took it towards the fire place and etended to burn it, but that he burned a cover, or something place of it ; defendant made use of those expressions in pre- e of Hunter Gowan. Knew Edwards Wilcocks, he isdeadL The Depositions of Edward Wilcocks in the equity cause ere here allowed to be read ; they confirmed in every parti- ular the t^oJormer witnesses. ,| GsoROS Pkrkins Bull, examined by Counsellor HxTc^st^ I — Presided in Dublin in 1823, and was proprietor of the ^^ Att- 'tidotb" News-paper; Ogle Gowan had no share in the paper •^t that time. Knows Mr. George Fearon, an Attorney ; ^tt. F. I^e to the <*Atidote" Office, No. 3, Redmond's Hilii in Dcdbw, 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 io dinner. The first time witness saw Thomas Gowan, he tcdd him of the deed and offered voluntarily to make an affi- davit as to the fact, and witness requested of Mr. Gowan to mention the circumstance to his father; this was a day or two previous to the Affidavit having been made, Mr. Thos. 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 wrjt^ a letter in 'his father's name to Major Slrr, and knew it had the desired e(- fpct. ■ ■ Court. — How do you know it had the desired effect? ...*,* 1 Witness. — I saw an answer to it from Major Sirr, directed to the late John Hunter Gowan, but which Ogle received, and af- terwards shewed it to me. ilxamination resumed. — Knows William Moore, one of the witness's to the deed, he was in Ogle Gowan's service after his father's death. j#-j^?s^'i'i?^^^:^ >^.?'sf Cross-examined by Mr. Doherty. — Was exanliined in the equity cause, and was sworn; generally speaking, one would like to be accurate when on one's oath ? He would, generally. You think then, sir, that a person should be more correct iir taking an oath, than in writing a " leading article?" Certainly. Then, sir, if you swore what took place in March, took place in Dec. would you have sworn true ? It is a mistake in the de- ii%iihe Fthe dee ess— 25 llecCs Ifefilg ire Mr. Tho- le was(»xa- it down in « ' December, and not the irred a Peti- iequence of *riest. Re- rland in his >gle Gowan )gle Qowan :ed into die witness did ;he wii?dbw, at he would ar to say to go out with but did not mas Gk)wah, nake an affi- '. Gowan to % day or two hos. Gowan Saw Oele ) ; saw John ^ a letter in te desired ef- ffect? r, directed to ived) and af- one of the vice after his uined in the , one would id, generally, •e correct iBf Certainly. , took place ike in the de- krinH nf malr. iiig¥be AffiNJaTit relative to the deed, and not to the tiJooie {Hat the deed was first seen by witness. (Here the depositions of Mr. Bull were read. "Saith, that in the SheriiT's prison Ogle Gowan was requesting John Bur- land to go out — saith that this was on or about the 30th May, |r-saith the said Ogle Gowan asked the said John Burland to ""^gn his name.") Witness — I don't think that I ever said any ich thing. Counsellor Doherty — Then if the Lord Chancellor had deci- led upon that evidence he would have done great injustice to ly client? Witness — Perhaps ray Lord, it would be necessary )r me to explain this seeming contradiction. Court — Yes. "''itness— When I saw Ogle Gowan come into my room and ^ndeavour to take Burland away, I told Burland that Ogle Gow- n wanted h;*n for no good purpose, that I suspscted something ras wrong, and requested of him not to go out with him, and lat dinner was nearly ready ; that if he did not give up his >mpany a id conversation he should give up mine. Burland, )wever, v/ent out and returned in the evening, and in coarse ' con versa ;ion mentioned that Ogle wanted him to do ^*that ^hich might transport them all, and that when the proper time foulA arrive he would tell all that he knew about it." He )ld me afterwards that the conversation which he and Ogle ted at the window, was as to the signing of the deec , an(^ lat he, Burland, did sign it. f (Here Mr. Scott read that part of witness's depositions which elated to the conversation at the window, between Ogle Gow- in and Burland, and contended that witness had not sworn lat he HEARD that conversation, but that Burland told him af- irwards of it.) -^•^^.'^^^-j^r^; ''^- - ?;":^-"";'':'V^r',.;#;^:':-;'Ai' ■'^-:"^v^ ^ji.,,: Counsellor Doherty — Did you, or did you not hear that cbiv lersation? I did not ; if was spoken at a window at the oppo- Ite side of a large room, and in a low voice, I could not conse- lently hear it. Court — I thought so. Saw that deed, it was 'deed conveying the lands of Ashwood to Ogle Gowan, or a jnt charge therout. Counsellor Doherty — Holus bolus giv- ig the land? (Here Counsellor Hatchell told witness that he }ed not answer that question — it was not English ! (a laugh) know I may be critically exact with you, sir. Will you l^ear all these depositions are wrong? I will not. Then will ^rou swear that they are all right? No, I will not. Then what irhat will you swear? — (with pretended warmth) That they irant revising. Counsellor Doherty — I am serious, sir. Wit- ness — I assure you sir, I was never more serious in my life. ., D :■■,' TL.; ■tsmm-..^'^ ;*«--. r *' m •* 1i M ;-«»■■ ■ ■■■■ ^ : John Gowam examined. Witness's father was Testator's nephew ; saw Ogle Gowan repeatedly write his fether's name ; he handed it to witness several times, and asked Jiim was it not like his ifather's hand writing, it was a very eood 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'Kanc, but nothing material elicited. Rev. Hugh Wsbb examined — Often sawjthe late John H. Gowan write ; does not believe the signature to the deed pro- duced in Court is his hand writing; saw him^sigi^ ^^ove five hundred summonses, i^-; . ^/ ;*v :..<,^s^; Cross-examined by Mr. Moore — ^It strikes witness very strongly that the H is different. From the year 1816 to the year 1823, 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 the hand writing of the late Mr. Gowan. '-^'^ir4i ;>?■;'' Cross-examined by Mr. Doherty — ^This appears as^f written by a young person. I think you could write a good Gowan now if you had a pen in your hand. I do think it is not his hand writing. •-'^^,*-'-:r^- ':.'■. ■iy;iJ''-h-^i^':^,,iitx. - Robert Owen, Esq. examined — Is'a^Magistrate ; often saw the late John Hunter Gowan writing ; his belief is, that these signatures are not in his hand writing. i- 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 Town send, Esq. examined — ^Was acquaint- ed 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 wri- ting. Had much intercourse with him ; does not believe the signature to the deed to be the hand writing of deceased. Cross-examined by Mr. Moor — Was Mr. Gowan's Attorney, cCi. 3ed to act as such a short time before his death. Edward Lipsett, Esq. examined by Mr. Dickson — Is a phy- sician ; knew the late John Hunter Gowan for nearly thirty years ; often saw him write ; thinks' these signatures are not in his hand writing. William Furlong, examined by Mr, Scott— Is Clerk to »♦■ 18 Testetot's ther's name ; L lim was it not I ceness ; could % \ four be the hand ' . ■ ■ • • ■ ^ ^»^' } as^if written d Gowan now 1 not his hand ^e ; often saw is, that these 'f^ opinion from ' lis is not like f a tremor. V^as acquaint- tness was an lerable time, lis hand wri- >t believe the eceased. m's Attorney, th. on — Is a phy- nearly thirty tares are not -Is Clerk to le Gor / Petty Sessions some years ; knew the late Mr. Gow- »' •'i often saw him write ; does not believe he wrote the fiSgnature to this deed. John B^irnbt, examined by Mr. Hatchell — Was in the hab- ; of doing business for the late John Hunter Growan, is well squainted with his hand writing ; believes the name John inter Gk>wan, not to be in Testator's hand writing. Saw le deceased sign many hundred of Pension bills : witness's Ither keeps a shop, and took Pension bills in payment for >od8. (A number of other witnesses were in attendance on behalf 'the Plaintiff, but Counsel intimated that it would be unne- issary to examine any more.) Plaintiff's case here closed. .».:; 1 < ■. Mr. DOHERTY, commenced by saying he regretted that part of the case was not disposed of by some person more timately qualified by a competent knowledge of the circum- lancesof the transaction than, from the short time he was ac- [uainted with them, he could pretend to be. Gentlemen, con- lued Mr. Doherty, my learned friend Mr. Scott, has, in his itement, of the case, occupied a great portion of your tinie, it not a moment longer, I am quite certain, than was suffi- pent for the due discharge of his duty to his client. Gentle- len, we who are of the profession of the law, are so much in le habit of magnifying every case that comes before us, that tries at length become distrustful of us. If we venture to Ity that this is a highly interesting case — that it is an import- it case — that it is a most important case, why, you will say, have heard the same thing from Counsel ever since the day first stepped into a Jury box, and it frequently happens It you have been quite disappointed in believing us. It is leed like the bulletins of health that we read of sometimes the newspapers, where the sick person is stated to be get- ig better, and better, and better, until at length the scale of saJth falls, audit comes to this, that he is no more ! (laugh- >r.) I say, however, that this is, in my opinion, the most im- >rtant case in which I was ever yet engaged. The issue you ive to try is, whether the deed conveying the lands of Ash- rood to the defendant was the deed of the late John Hunter Jowan or not. If you find that it was not his deed, you fix a ^gma on a character till now unquestioned ; if you do not, I luch doubt, all who hear me must doubt, any created being 98 must doubt, if your verdict would girc him any property at all; fori regret to say, that such is the state of the law, that many a tedtou»and wearisome step the child would have to take in the Goiurts, before he could even then recover what his parent left him. And upon what grounds would you inflict rum ands disgrace on this young man, and not on he alone, but on oth' ers also? Is it upon the uncorroborated evidence of that wit- ness 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 this or any other court. I confess I cannot find words to express the detestation, the horror 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 character of this County by what you have heard the last two days, for it is far from being a fair sample of its char- acter 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 haye to this hour a lively sense of the great kindness and attention I there met with from Mr. Gowan. My learned friend h^s truly stated that Mr. Gowan was a very active char- acter. He was, as he stated to you, bold, active, intelligent, fond of field sports, and of the society of his neighbours. He had all the virtues of country gentlemen, and he had also ma- ny vices mingled with them. He had sixteen children. Some time after he became a widower, he took into his house a wo- man of bad character, and it is in consequence of this unfortu- nate connection that all those evils have followed. — He had sixteen children, thirteen by his wife, and three by this wo- man. I will admit that the conduct of the Defendant Wm. Gowan and his brother. Ogle Gtowan, was, in many res- pects, not to be justified ! I will admit that there was hy- pocrisy 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 father 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 Gowan, who is now in his grave ; but I cannot forget that he taught his children a lesson by his example, and that every one of them practised it. But compare their conduct with that of ihe legitimate children. William Gowan 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 childrea exerted themselves onW to o^nose their 29 ty atall; at many I take in s parent ruin finds ; on oth- Ihat wit- idmttted inony of iroditced vords to rications this day ge of the sard the its char- ve come myself, ness and learned ive char- telligent, m. He also ma- . Some ise a wo- unfortu- -He had this wo- ant Wm. any res- was hy- ) disgust )u are to at their lad some I should Go wan ) le taught irery one ivith that behaved Thomas 1 he and noe th«Ti» father^s wishes, and to render his life unhappy. The con- sequence was, he preferred the illigitimate 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 consequence was, hisfath- er'9 blessing was upon him. Gentlemen, from this sprung up the feeling in the heart, which has attached itself to our com-' mon nature from the creation to the present time-^^< And Esau hated Jacob because of the blessing wherewith his fath- er blessed him!" I will not, as I said before, defend the con- duct of Wm. Gowan, it was in many respects bad ; but, Gen- tlemen, he was a dutiful son, and that one virtue, in my opin- ion, is sufficient to cover a world of faults. Let us see whfid are the facts of the case. Look at Thomas Gowan, persecu- ting his brother against the wishes of his father and the en- treaties of his friends. With respect to the silver cup meiH tioned to have been stolen, a witness was brought upon thei table, and what was the result? Why there has not been ascin- tilla of evidence to^hew that it was ever taken by Ogle Gowan or his brother. Tom Gowan however instituted a prosecu- tion against Ogle Gowan, whom he charged with the offence^ and upon what grounds? upon mere suspicion. His father applied to him but in vain. He procured Mr. Medlicott, Mr, lieauman, the Earl of Courtown, Mr. Webb, and others, to in- duce him to drop the prosecution carried on against his broth-* er, and upon such light grounds, but in vain. What was the answer that he made to the remonstrance of the Rev. Mf* Webb? " I will go on, I will prosecute him, that I may shew to my father the rascality of his favourite child." He did pro- ceed. His aged father hurried to throw the shield of his pro- tection over his son. He goes to the Grand Jury, and by his exertions the bills were ignored, so that were it not for his ac- tivity 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 inno- cent would wish himself liable. Mr. Gowan left the Assizes highly incensed at this conduct of his son Tom, and he det clared he would make him an example to all undutiful chil- dren. 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, at he was pleased repeatedly to designate him, " that wicked ■^ 30 l!r- 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 trial, and could not be at all in- teresting to our rbaders.) Could you wonder, (continued Mr. Dohertj,^ that he 8ht>uld have left his property from them? Some highly respectable persons, the Earl of Courtown, Mr. Beauman. and the Rey. Mt. Medlicott, exerted themselves most laudably, 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 remonstrated with him, Mr. Gowan began to consider whether he had not Sone further than the strict justice of the case required, and e immediately extorted from Wm. Gowan 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 fraudu- lently on the occasion!!! I will take my learned friend's statement of what took place: — ^* He affected to destroy the deed, but h^ secured it ! He approached the fire, he threw the envelope into the hre, but he contrived to conceal the deed, and he afterwards boasted of his dexterity in having deceived the old 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 gentlemen I have just alluded to ; but with all my respect for Mr. Beauman, with all my respect for my Lord Courtown, and with all my reverence for -all their reverences, I must say that no consideration on eaith would ever have induced me, were it my case, to leave one shilling of my property to so unduti- ful a son. Let us now see how the oase is supported by the witnesses for the prosecution. The first we shall speak of is Smith, who was a Lieutenant in the corps to which the late Captain Gowan belonged. He went to Mount Nebo, and Captain Gowan, roused to the recollection of his former mil- itary services on a small scale, put himself in marching order, and they commenced operations. One armed himself with a decanter, another with a key, and they march up stairs ! — (Great laughter.) — And what did 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 31 e to be liey are all in- 8ht>uld lectable le Rev. kave no family : less is A istrated had not •ed, and Ise that ke that le made fraudu- friend's troy the le threw iceal the n having think he portion i made a umerous Bs of the jpect for )wn, and say that QC, were ) unduti- id by the Bak of is the late ibo, and mer mil- Dg order, slf with a stairs ! — ey came ; but I iie same of the deed which, frightened at such marching and countermarch- ing, crept for concealment under the brown paper parcel f! — f£U>ars 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 he had some compunction, as my learned friend calls it, and he left his house, stopped at Freemount, went from thence to Dublin, proceeded to the Sheriff's Prison where he was met by Ogle, who taxed him with a violation of his engagement — that he went with him to a public house in Bolton-street, and there signed the deed. Much stress has been laid upon the dates. Why I will not quanrel about where he slept on the first and second and third nights, because we can bring forward the witnesses to the deed-^unimpeachable witnesses, who will swear that they signed 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 single moment with theirs. No Jury would condemn a fly on that man's testimony. The only thing that seems clear in it is, that he met Ogle at the Sheriff's Pris- on, and the only wish I have respecting him is, that he had gone but one step farther, and made his final exit at a place which I am sure by his conduct he would have very much graced ! ! ! — (Much laughter) But we are charged with a conspiracy. I think we call retort the charge. If it was a conspiracy, let there be some S'ains of secrecy. If it was a fabricated document would not gle 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 ? Would he not know that Bu71 when he would read it would speak of it ? And he did speak of it. Mr. John Hunter Gowan was told of it. On the 9th of April Burland saw and signed it in the grove. — Mark the duplicity, the doublings of villainy of that sleek, sly, smooth-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 two after he signs it in the grove ! He prepa- red a will, and he flies to Dublin to avoid executing it. When Ogle produced it to him there he said why this is the instru- ment I already refused to sign — my conscience would not let me do so — it was to prevent my signing it I ran away from home, and why do you attempt to bring it to me again — take it away — I will never sign it. No ; but he draws a chair, sits down to the table, takes up the pen, and without saying a word, pop goes the pretty name of Burland to that very deed! and now he turns round and with great complacencyj asks you 32 to believe that he is a most respectable witness! {—-(Laugh'- ter, ) Mr. Doherty, after q variety of further observations upon the evidence, concluded a most splendid speech, by telling the Jury that if the Defendant's father could rise from the grave, he would blast from your presence that child who per- secuted him during life, and now seeks to deprive him of cha- racter after his death. O. R. GowAN examined by Mr. M'Kean. — Is an illegitimate son of the late J. H. Gowan, is a subscribing witness to the deed in question; saw the late J. H. Oowan sign it on the 15fh March : Moore, Burland, Lawless, and Wm. Gowan were pre- sent ; is quite positive Burland was there; saw all the witness- es sign^ it on that day at the same time, about 3 o'clock, after dinner ; witness's father produced the deed for execution ; fais 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 mignt irritate part of the family ; was in Dublin in December, 1823 ; employed Mr. Fearon, an Attorney, at that time to draw a copy of a deed ; and to the best of his belief got that deed, so prepared, either 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 prepared, leaving blanks ; went to Mr. Fearon a second time, who said there should be the name of the trustee and of the person to be benefitted in it ; witness gave his own name for the person to be be- nefited; does not now recollect who the second person was to be mentioned ; returned to Mount Nebo about the middle of December; Tom had charged him with having stolen a silver cup from his father ; was arrested in consequence of informa- tion sworn against Mr. Miller; was taken to Gorey by the Po- lice ; 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 num- ber of other witnesses; witness's fatlier spoke to witness rela- tive to the deed he intended to make 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; be stopped at Henry Gowan's he believes that night; his father sent him on to copy the deed, to have it ready with the excep- tion of putting in the Trustees' names and his brother's name; as [Laugh^ »n8upoa ^telling rom the ^ho pcr- n of cha- gitifliate s to the the 15th irere pre- witness- ck, after ecution ; ifirmities e fire at mention family ; ;aron, an i to the irom Mr. 1. Govran i over to blanks ; ihouldbe ifitted in ;o be be- >n was to middle of I a silver informa- y the Po- lis father lis father; h a num- less rela- iwood to lich time get home Wexford liscorthy; lis father le cxcep- r'siiame; his fathet retutned shortly after; witness thinks he was •»» ^ home before him ; copied out the deed as directed, and thft produced is it ; about three or four days after the deed wis executed ; xemembers his father^s death ; was at his fun^td on the 2ath ; the will was read on the Monday after his father was hurried ; 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 wltne«8 a.deed in a grove near Mount Nebo; got another d€i«d £rom Mr. Fearon before the Assizes of Wexford by fait fiitber's direction ; it was a deed of acquittance in conse- quence of the prosecution for stealing the cup. ,. CJross-examined by Mr. Scott— Went to Dublin in Decem- ber, 1823, by Wm. Gowan's directions ; gave Mr. Fearon. in- structions, he thinks both in writing and by word of mouth;; his impression is that having got the lease he prepared some- thing from it at the hotel* where he stopped ; won't swear positively to this ; got the deed granting Ashwood from froiQ his brother William ; shewed it, and thinks he gaveMr. Fear- on the draft he drew himself, and the original grant of Ashf wood; asked Mr. Fearon to prepare a proper draft without ,name$ ; don't know whether Mr. Fearon made any alterationt; if he swore that he brought him a draft ready prepared which ,he was to get engrossed, he believes he would swear falsely ; gdive to William on his return the deed given him by Mr. Fe«af- on ; paid Mr. Fearon ; and he or the scrivener gave it to him, it. was on a stamp ; thinks witness and his father remained about two days in Wexford; from Wexford went to Henxy Gdwan'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 returning from the Assizes on his wi^ 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 anyone was in his company or not from Enniscorthy home ; had sworn to the execution of this deed ; all were present and signed it on" the one occasion; before it was executed his father dasired them to keep it private as he was making a pro- vision for Wijliam ; his father looked over it ; thinks he could not have read the whole of it ; cant say which side of it he was reading ; he (witness's father) took it out of his desk, it had been given to him the day previous ; don't know if it was ,,' •Bell'g, LowcrXeren-street. , , . ^ , „„ ... . .*'., •~H,: .:.J "!.•'■. S4 ;1 it I with the same pen they all signed ; cant say there was nore than one ink stand on the table ; there was ffenertlly more than one on the table ; one his father used and the other Wil- liam used; •believes he afot [thej paper he wrote the draft on from William ; can»t tell wherel,Wm. gotjitj^he either gave witness money or spoke of giving money to send for the stamp; this was at Mount Nebo ; couldf ^et the stamp at any of the towns around; can't say it was athia fathers request he witness- ed the deed ; but swore it was at his request ; and it was un- derstood he assented to it in the month of December, by giv- ing the directions to give Mr. Fearn; considered it to be al his request and did swear it ; the deed was prepared by Mr. Fear- en in tke month of March, 1824 ; gave the draft to Mr. Gowan; never erased his name and put nis brother Williara^s name in it; (here his depositions were read — Saith with the al- teration of William's name he erased his own. Say'i Wil- litfn procured a stamp.) Don't know whether he gave the names to him or not ; don't think he bought the stamp him- self, but recollects, sjpeaking to William about it ; knows he did not go fat 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 ik*^ money, aira that he sent another for it, he conceived it was he who brought it. Recollects about Christmas, 18S3, his father came to searai for a deed. Witness had it not. His brother William bad it. Don't know his father ever desired his brother William to bum it. Might have said that William boasted he had not burned it. William told him so. It was not after the execu- tiou of the deed ; Defendant told witness something bf the nature of destroying tfae deed and did not bum it : his broth- ier told witness the reason why he 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 £50 a year ; recollects his going two or three times to Burland's house about the period his father executed his will and cod- icils, which was about the 22d of May ; saw J. Smith at Log- gan : went there at Burland's request, who said he was draw- nig a will for witness's father, making a fair disposition of his {HToperty ; Burland did not shew the will on the first occasion ; don't think William Gowan was with witness ; iiever recollects being at Burland's house or on his lands with William Gow- an ; has no recollection of being in company with Moore and Lawless ; is quite positive he never went there, at one and the same time wiw the persons mentioned ; swears he did net go s$ I more ' more ir Wil- raft on ir gave •tamp; of the rhnett- ras un- by gii^ •eafthiii r. Fear- Qowan; 8 nande the al- h wa- ave the up him- lows he coins to the bfll aght the nd that brought oseardi I bad it. liam to had ndt 3 execu- ^ Of the IS broth- contrarjr ;th him, rto£50 urland's and cod- at Log- as draw- on ofhis ocasion ; ecollects m Gow- oore and i and the r1 nn^ <> HqV lAhoiirA!* fxtr HAnoaqp/l • nant tctll InilHA. WirnoSd IVna n rtav falxnttfav i-xf rtaittxncsarl ^««s.« .x^.a an eeret tilt of Ash* lit; Mr. I candie ; Mrani put 1 whetb- eal; was n gave it fof ifhb lat day; Bs when id; don*t 'as at the tain as a hird day; •thy; did Sowan at nry Gow- w Henry wan was ;o a shoe- jr or not ; . George saw Mr. his visits . Gowan in aiBda- c his affi- Lived in me of his witness's er Gowan fime time ; ^in. Gow- ;ht him to and wit- 'clock he vanted for rowan cal- miles and and rode ; »ck in the ttilX Irtevai ~ v».» .avr ** long he lived at tho Mount : lived thcro throe years. To the best of his knowledge Loggan ia not five miles from Mount Nebo ; thinks it is not three. Docs not know tUe hour of the day that he took Burland's horse from him ; it was af- ter the labourer dinner hour. Would you know the hour as well by tho sun as by the clock? I would know the hour as well by tho clock, sir, if I saw it. — Witness did not fO in with Burland, but was sent for afterwards ; saw Lawlega in the kitchen after Wm. Gownn came for witness ; they theA went up to the Captain's room. Mr. liatchcll, ftaking hoM of witness's coat,) where did you get thiit coat? Witness — (turning round with evident warmth) where did I get this coat? my wife bought it for me. On your oath did not Ogle Qowan give you a coat? He did. Where 13 the hat? It is worn out. Witness was in tho service of Ogle Gowan at the Assizes, and afterwards went to live with him in Dublin, wherff he gave him tho hat; gave him a coat Within the last six months. Lived with Ogle Gowan as a servant; was emploj'- ed as a messenger for Ogle in the " Antidote" office ; whatev- er 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 I thought you were. You worked on the road generally? Yes. You took a farm at Rathvilly some time ago, from Rev. Mr. Whitt} ? 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 re- crommendation to Mr. Whitty ior him. Does not live at Rath- villy now. Did not tell Mr. Whitty when he was leaving it. Saw no candle when he signed the deed ; it was about two o'- clock ; does not know whether there was candles in the room 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! The Captain signed tirst, the witnesses then, shortly after they entered the room it was executed, in a few minutes. Mr. Gowan took it out of his desk, and looked over it, it viras not on the table when they went in. After they signed it, Mr. Gowan gave it to Mr. William Gowan. DonH 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 house. 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 lef?Ogle Gowan's employment. On his oath he does not recollect if Testator took out his watch, but he mentioned sotnething uboui u seal. Does not t: •^ I 1 if ■_ ■.• -. :-'■ •-. ■ 38 recollect that testator used a candle seal and vfax,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. Jane Colclough 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 s^nd the day after. f Cross-examined by Mr. Scott — Her daughter is married to Ogle Gowan. Frances A. Gowan, examined by Mr. Doherty, is the wife of Mr. Ogle Gowan. Lived at Mount Nebo at the time of Mr. J. H. Gowan's death. Recollects the funeral, it was on a Fri'> day; 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* Sanr him at Mount-Nebo on the Sunday following. r Cross-examined by Counsellor Dickson. — Her mother was the last witness examined, and is half sister to Mr. Ogle Gow- an; 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!!! W&g married at the time of the funeral; her grandfather knew she was Mrs. Gowan, she believes a month before his death, pas- sed 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 £iOO, but called her by the name of Frances Anne Colclough in his will; went to Gorey generally of a Saturday, staid there till evening; on the Saturday in question came home in the evening; walked home; went to Dublin sometimes in the Mail Coach which goes through Gorey at 8 o'clock in the evening; did not however go on the Saturday night spo- ken of. ;. y 4 Vn: >= The Case having closed — Counsel for the Plaintiff intimated that Mr. Townshend wished to be examined concerning the deed mentioned by Mr. Ogle Gowan, and which was in his (Mr. Townshend's possession,) he was accordingly re-examined by Mr. Scott. — Witness was agent for the late Mr. Gowan. Heard Ogle Gow- an examined — ^heard him speak of a deed of the lands of Ash- wood, and was surprised at hearing him. The deed was han- ded to witness by J. H. Gowan, for the purpose of preparing a re-assignment, and it has been in his possession ever since, as he had a lien on it. It never left his possession. That is ..W- i.' •> -■-1-, . •! - 1 * .' '■■ 16 deed; biig desk le day ; nrhetber |uainted lowan.- it Mount funeral irried to the wife le of Mr. on a Fri" >day and in Gorey It* Saw ther was gle Gow- is F. A. 1 Hunter !!! Was new she ath, pas- William her Mrs. r left her ces Anne Saturday, ion came om'etimes clock in light spo- closed — >wnshend tioned by rnshend's Scott.— gle Gow- B of Ash- was han- preparing ver since, That is 39 the original leade from Hatton to Govvan of the lands of Ash- wood; it was handed to witness prior to 1823, to prepare c, re-assignment of a mortgage, and is amongst his papers still. Cross-examined by Mr. Doherty. — 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 you catched the point there? I did catch the point there. You are certain the deed he spoke of is in your possession 2!< I am certain of it. Will you have the kindness to look at that.' Witness, (stretching over his hand for the deed, which Mr. Doherty handed to him,) — ^There may be a second one. — f 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 imputation, Mr. Townshend, but all I have to say is, that the point's lost! Grood night to you. Counsellor Dixon here stated that he would leave his case in the hands of his Lordship, 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 havo boon saved if tirii 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 examined the witneises, and then it would bavo been for the opposite side to have impeached, 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 qusstion of law, and to establish by direct testimony, by circumstantial evidence, and by inference, whether it has no existence. Gentlemen, you hav* 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 Gowan 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 queettion, the question whether that deed was obtained by fraud or not. Allowing that it may be the moat fraudulently prepared instrument that may be conceived, yet if you believe it was executed by his father — by the late Mr. Gowan, you are hoimd to find that it was duly executed, whatever its conseauences 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 e^ridence. Of the actual execution of the deed three witnesses have been examined, Moore, Lawless, and Ogle Gow- an, who have bound themselves to the deed by their signatures* If you believe what they have sworn. Gentlemen, there is an end of the case: but on the other hand, if yon do not believe their testimony you will find for the Plaintiff. £aoh 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 thmr evidences, to find an issue in the affirmative, namely that it was •zeouted by J. H. €k>wan. Yet it does not follow that what is sworn y any number ot witnesses is neceissrily the truth. There is no put- . --i. i U 40 ting thoir evidence on the pica of a mistake. Tliey must liaro sworn true or false. If you believe Ihey are honest men you are bound to be- lieve then* testimony but you are to consider whether they are of that description or parties 'in a foul conspiracy to set up a fAbrioa- ted deed. And that leads us into a consideration of the evidence. You have beard each witness examined. It is necessary to try whether there is not a safHcient reason to believe their evidence. It is a Icrpg time since, and the execution of the deed was^allended by many minute circunastances wl?'' h have escaped their recollection, and which human beings cannot be considered capable of calling to their remembrance. I .dare say you would feel distressed yourselves if any one was to desire you to state the particular circunmstances of any deed which you may have made three or four years ago. You are to consider r.hether tbey are honest witnesses or not. From the manner it has been discussed diat ofdoors.and repeatedly spoken of, and kept in the mind of these wit- nesses, but more, kept in their minds on this point al'>ne ! you are te consider whether they come with a prepared story, and therefore you ax'e to judge what their evidence might have been if they had ccme un- prepared with rnspectto this transaction. You are to see in what way that deed is impeachd. This body of evidence is met by the examination of John Borland, an attesting witness to its execution. He has sworn that it took, place in Dublin. He has come forward to swear that itne< ver was duly executed, but that it was the result of a conspiracy, and that he himself was a party to that conspiracy. If a man, having been "unawares engaged in a bad transduction, and becoming an honest man, feels ashamed of what he had done, it is his duty to the parties to tell the whole troth, however he tells it to his own discredit, still it shews hiiM to be an honest man. It certainly thrown a great imputation upon himt— you will therefore see that his evidence should be supported either by direct evidence, or inference, about which there can be no mistake. — (Here his Lorpship went over Borland's evidence most particularly, Commenting thereon as he went along.) There was a part of this casV which seemed nt firot inexplicable, but it is capable of explanation.— Borland on his examination said, — " I am sorry to say it, but I will give it as itis; I tell the truth. The setting np of the deed against the will, was a fraudulent transaction !" The defendant acted craftily in not giv- ing tip that deed. But then the question arises, why should he concor in liis father's will disposing of this very estate of AshWood? Why the inference is, that the deed was not duly executed! It.scems very strange that he should concur in a will narrowing, that is cutting down by a co- dicil, the property which he alleges had been already his. But, again, we are to look at it in another point of riew. — Why when he aeknoTvl^JK' cdthat he had destroyed tUo. deed he should act as if he had destroyed it, acnd this ac- count* for what would otherwise appear unaccountable. But what would be the natural couiequence of such conducf? Why that it would not stand a moment in the eyes of a Court of Justice. You will, at the same time, recollect Gentlemen, that any thing; said by the Testator, in the absence of the Defendant, is not to be taken as evidence andn at him. Here his Lordship again rc:id over parts of the evidence at the request of the Jn- ry, stating, that if they desired it. he was ready to read the entire. One of the Jury re* plied that they did not deem it nccesKary ior his Lordship to proceed farther with the evidence, and the Jury having immediately retired, returned in about four minutes with a verdict for the Plaintiff, thereby establishing the Will of the late John H. Gowan^nd invalidating the Deed endeavoured to be set up by the Def«nda..t and his brother, Wtl ■ liam and Ogle Gowan. illegitimate coiklren of the' Testator. The Court did not break up till past lU.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 solici- tude was very visible oii the countenances of hundreds who were present. For our own part, we never witnessed such a iiccne belorc. Counsellors, Attorney's WitnesMt, ^)octor's, friends and foes, cverj' eye was raised to the box, and a simultaneous bunt of approbation arose from the asftmblcd spectator!" on the announcement. «ii*-. .