ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN Production Note Unica Project Rare Book & Manuscript Library University of Illinois Library at Urbana- Champaign 2013 ms' TA_ IM. ¥.,.x r} 4. ''x l' x".:a .:x , £'# h X114" - p Ws 11 % 5111" w0n. .00M 1, WIN -51 .§' 'r 14 an- it s s L'. " _ § y k Fla" 4A W7 , no t a, y '0- fA ZOO,. no_ A i ., 8 Nw, .10 it { Y 5 5 i§ %Fx x5 k n.j f y x # M Am i rr v VIA £ £ ., ITT vs, 0 1 s 12' nl A' ,°' i 'n"Y"J"Ovan son; Y. 000 ..v " * x } THE UB -'ifly Of lil MRRIISIIY oPUN~ ) I i r 7 J~~12?ea. galeg. THE SPEECH OF TRE RT. lION. FRANCIS BILACKBURNIE, ON BEHALF OF MISS NEYJIL IN THE COURT OF QUEEN'S BENCH, ON THE IOQnr OF JANUAR~Y, 1838, AND STUDIOUSLY SUPPRESSED IN THE PUBLISHED ACCOUNT OF THE TRIAL. ' '. AS REPORTED BY A BARRISTER. "Fiat justitia, ruaw lum." "He who allows oppression, shares the crime." DUBLIN: PRINTED'FOR THE FRIENDS OF MISS NEVILL, B3Y 'JAMES CHARLES, 57, MARY- STREET. 1843. <4< , ._ _ _ _ _ . _ ,._ _ ___. THE SPEECH OF THE RIGHT HON. FRANCIS BLACKBURNE, ON BEHALF OF MISS NEVILL, AS REPORTED BY A BARRISTER WHO HEARD IT DELIVERED. MR. BLACKBURNE, Q.C., stated the case on the part of Miss Nevill. I am, said he, counsel for Miss Nevill, as stated by my friend, Mr. Litton. That the allegations made by a body of conspi- rators, who wished to have made her a prey to their plots, and that no ground might be left for such a charge, and any impression arising from it might be removed from the minds of the jury, the other counsel, as well as myself, could pledge their professional character they saw the lady over and over, and that she was as anxious for the result of that inquiry as it was possible for her to be for any human event. The present case was the first instance in this country where an appeal was made from the decision of the Lord Chan- cellor to a jury of the country and a court of law; and it is, in fact, to be treated and consi- dered as a criminal case demanding your utmost attention. 4 Miss Nevill received a fashionable education, and enjoyed, on the death of her father, a pro- perty of seven hundred pounds a year, together with the interest of eight thousand pounds. As to the vision which she affirmed she saw at an early period of her life, it might be made a sub- ject of ridicule or discussion ; but it is certain that there are, and have been always, men of un- blemished character and bright talents, who have been obliged to admit the possibility of such things. No man could pronounce it impossible. She was a lady incapable of falsehood, and the Court might be perfectly sure that the conviction of the truth of that vision was fully impressed on her mind. But should the jury even regard the delusion as proved, that was not the question they had to decide on, but had to decide whether she was competent or not to manage her own afairs. Her whole life was devoted to works of charity and religion. To be sure you have been told that she impaired and encumbered her property, and into that I will presently inquire. Let us for the moment pass by the transaction at Liver- pool, in 1831, and also the affair of Blundell, the printer, and turn our attention to the important point of the period which intervened between the 15th July, 1835, and the 9th of July, 1837, when this Commission issued, and I shall be able to prove the period included has been left untouched, 5 and not any act of Miss Nevill's brought up against her; when, if any delusion existed, it might surely have been proved. No one dared put the question of whether she was of sound mind or understanding, and able to manage her own affairs to Doctor Reid, nor did they dare to press a reply from Surgeon Belton. But the question was asked-Of whom ? Why, of Doctor Crampton, who never saw the lady but twice in his life, when he visited her, as he tells you, under the pretence of making inquiries for the purpose of sending out medical men to Idumea l I cannot, indeed, omit the gratuitous answer upon this subject volunteered by Mr. Cornwall, to a question not put to him at all, but shall leave the rest until I come to the testimony of that gen- tleman. Allow me now to observe that it is somewhat singular that the year 1835 has been fixed upon, as the period at which the alleged unsoundness of mind commenced--a period which leaves alto- gether untouched and unimpeached the bonds passed by Miss Nevill to the different members of her own family-to Messrs. Geary, Vernon, Grey, and Roper. The former inquiry, you will ob- serve, was altogether an ex parte proceeding. Miss Nevill did not then make any defence, for reasons which I shall advert to presently ; and, therefore, why the parties conducting the prose- cution, and having, in a great measure, the con- 6 trol of the jury, contend that this finding as to the commencement of the alleged unsoundness of mind, should limit the exact period, which, by its porspective operation, would invalidate all future acts of Miss Nevill. Leaving the transactions regarding the bonds which I have mentioned wholly unimpeached is rather singular. Much has been stated to you, and very strong observations have been made, for the purpose of proving the visionary and groundless nature of Miss Nevill'sprojects regarding Idumea. But you are aware, Gentlemen, that the history of the country in question is a most singular one, and I shall endeavour to explain to you the basis upon which these plans and speculations were founded. First, I shall observe, that with respect to the conversion of the Jews, no Christian can doubt that, sooner or later, that event will take place. The particular period at which this event is to happen is involved in much obscurity ; therefore, have the signs of the times been continually the objects of close observation, and public matters and events have been always looked to in connec- tion with this important subject. On these events and matters Miss Nevill has always fixed an eager contemplation. Her correct and enthusiastic mind must have been struck with the singular situation of the Jews in the present time. Idumea, too, which was formerly overrun by Barbarians, has lately, and by mere chance, been, as it were, 7 re-discovered, anid the m~eans if. egress and regress aftrded.. -Some years since. there was ,no, pro-; pect of thew restoation, of the. Jews *; but oew, v. odv changedo is. the tprospect of affairs. Th0 Qttonnn empire is .at present s hken to its ver r base-?-its .power is gone--probably it miay .;asti but a few years longer. Among the Jews theni' selves, too, it is well understood that; a strong expectation of some importan event, now impend- ing, generally exists. Indeed, there is no doubt that .a ,large capitalist. of the Jewish persu~asin, a- ove o2f the most wealthy and sensible men of the present day, actually did, at one time, entertain the, idea of carrying into effect a project, not vo ; dissimilar to that which is now brought: forward as a proof of insanity on the part of Miss Nevill. The. Pacha of Egypt is now' independent of the. Turk, and undisputed lord of Egypt. He is ar, sensible man; very enlightened, and anxious= to carry into effect European policy, and European civilization. That such a person might be of essential service in bringing about the restoration of the Jews, was an opinion which took possession of Miss iNevill's mind; and that impression was x; strengthened. by an event which took place in modern times, to which I shall now call your attention-I mean the recent discovery of Idumnea, an event which created a very strong sensation among those whose object it was to convert the Jews, aud restore them to their promised land. 8 The ruin and destruction of Idumea, or Edom,. has been foretold in the Sacred Writings with awful particularity. The prediction was pro- mulgated hundreds, nay thousands of years ago ; yet, although the ruin of Idumea was plainly foretold, the very existence of that country- blotted, at it were, from among the nations of the earth, until a few years , since, when it was accidentally discovered--was a matter of mystery. There was found the city of Petra, and the remains of thirty magnificent cities. The desola- tion was so awful and impressive that it has been stated in a modern review, that the traveller who first saw these ruins, although an infidel, in describing the scene, used unconsciously the very words of Scripture, which have reference to its state. The destruction of Jerusalem is not a more direct instance of the fulfilment of Scripture prophecy, than is that of Idumea. It is not extraordinary then, that Miss Nevill, impressed with the idea of the certain restoration of the Jews, and labouring for years in that sacred cause, should have conceived projects, in which the colonization of Idumea, in connection with the restoration of the Jews, should have had some share-projects,- which, perhaps, you may con- sider somewhat extravagant, but to which the circumstances of the time certainly lent some shadow of reason. I will now read you some 9 passages to show that men of talent and informa- tion have conceived-the project of establishing the Jews in Idumea to be possible ; and I shall also read to you some passages from the Holy Scrip- tures, furnished to me by my unhappy client herself, to convince you these projects are borne out by Sacred Writ. PROOFS FROM SCRIPTURE, That the restoration of Israel to Idumea is a part of the council of God, and neither a vain speculation nor delusion,-Read by Mr. Blck- burne, and extracts from Keith. Idumea is a land of dew. Proposition 1st.--The promise of Isaac to Jacob gave him the land of Idumea, under the character of Esau, and Esau was to have it for a time. Promise 1st.-Genesis xxvii. 27, 28, (to Jacob as Esau.) "See the smell of my son is as the smell of a field which the Lord bath blessed,; therefore, God give thee of the dew of heaven, and the fatness of the earth, and plenty of corn and wine." This was, therefore, given to Jacob and Esau first, as by the 39th verse :-- "And Isaac his father answered and said to him, Behold, thy dwelling shall be the fatness of the earth, and of the dew of heaven from above." Deut. xxxiii. 13. ".And of Joseph he said, x 10 Blessed of the Lord be his land for the precious things of heaven, for the dew, and for the deep that coucheth beneath." It is a remarkable =fact, no rain falls in Idumea, but there is a heavy dew at night. Rain does fal in Palestine, which forms a marked distinction between the two countries. Idumea is a land of mines, of which there is no mention of any in Palestine. Deut. viii. 7, 8, 9. "For the Lord thy God bringeth thee into a good land, a land of brooks of water, of fountains and depths that spring out of valleys and hills, a land of wheat and barley, and vines, and fig-trees, and pomegranates, a land of olive oil and honey, a land wherein thou shalt eat bread without, scarceness, thou shalt not lack any thing in it, a land whose stones are iron, and out of whose hills thou mayest dig brass." Idumea is the only country where native brass is to be found. Solomon's riches came from Idu- mea, where he had. a navy. 1 Kings ix. 26, 28. " And King Solomon made a navy of ships in Ezion Gaber, which is beside Eloth, on the shore of the Red Sea, in the land of Edom; and they came to Ophir, and fetched from thence gold, two hundred and forty talents, and they brought it to King Solomon." Promise to the Jews of Assher. Deut. xxxviii. 25. "Thy shoes shall be iron 11 aid brass, and as thy days so shall thy strength be." Promise to Zebulon and Issaehar. Deut. v. 19. " They shall suck of the abundance of the seas and of the treasures hid in the sand." Chap. v. 28. " The fountain of Jacob shall be upon a land of corn and wine, also his heavens shall drop down dew." Idumea called the land of the ancient moun- tains and everlasting hills. Habakkuk iii. 6. " God came from Teman, and the Holy One from Mount Paran." (Teman and Paran were two cities of Idumea, on moun- tains which were opposite each other.) " He stood and measured the earth, he beheld, and drove asunder the nations, and the eveAastiig mountains were scattered, the perpetual hills did bow ; his ways are everlasting." Promise that the everlasting hills should be given to the tribe of Joseph. Deut. xxxviii. 13, 15. " And of Joseph :he said, blessed of the Lord be his land, and for the chief things of the ancient mountains, and for- the precious things of the lasting hills." The Israelites to be brought in again by Egypt. Deut. xxiii. 68. " And the Lord shall bring thee into Egypt again with ships, by the way which I spoke unto you." Promise that God will bring Israel to a second pleading in the wilderness, different from the 12 first, by their being commanded to build the waste cities. Ezekiel xx. 35. "And I will bring you into the wilderness of the people, and there will I plead with you, face to face, like as I pleaded with your fathers in the land of Egypt, so will I plead with you, saith the Lord God." Psalm cvii. 35. "He turneth the wilderness into a standing water, and dry ground into water springs, and there he maketh the hungry to dwell, that they may prepare a city for habitation, and sow the fields, and plant vineyards, which may yield them fruits of increase." Proof from Scripture that Idumea was only to be desolate for a certain time, and after that to be inhabited by Israelites, to whom God will give the land, the denunciation against it being limited by the word " UNTIL," which bounds the expression " for ever" to a certain period, which word, " Oolam," is of limited extent in seventy places of Scripture, as well as in this case. Isaiah xxxii. 13. " Upon the land of my people shall come up thorns and briars; yea, upon all the houses of joy in the joyous city, because the palaces shall be forsaken, the multitude of the city shall be left, the forts and towns shall be for dens for ever, a joy of wild asses, a pasture for flocks, UNTIL the Spirit be poured upon us from on high, and the wilderness be a fruitful field, and the fruitful field be counted for a, forest. Then 13 judgment shall dwell in the wilderness, and right- eousness remain in the fruitful field, and my people shall dwell in a peaceable habitation, and in sure dwellings, and in quiet resting-places." lx. 16. "Whereas thou hast been forsakenand hated, so that no man walked through thee, I will make thee an eternal excellency, a joy of many generations." There never was any time when people did not pass and repass through Palestine, which was never forsaken or wholly desolate, though Idumea was, since the seventh century after Christ. The fact of so many travellers having written accounts of the land, and given drawings of the ruined towns and other buildings, shows that time has passed over, and that the forsaken land will soon become " an eternal excellency" in the hand of the Lord of Hosts. Ezekiel xxxvi. 33. "Thus saith the Lord God, in the day that I have cleansed you from all your iniquities, I will also cause you to dwell in the cities, and the wastes shall be builded, and the de- solate land tilled, whereas it lay desolate in the sight of all that passed by, and they shall say, this land that was desolate is become like the garden of Eden, and the waste, and desolate, and ruined cities are become fenced and inhabited." Proof from Scripture that Edom is named as the place for the Israelites to dwell in at the com- mencement of their restoration. 14 Amos ix. 1L "In that day will I raise up the tabernacle of David that is fallen, and close up the breaches thereof, and I will raise up his ruins, and I will build it as in days of old, that they may possess the remnaut of Edom and of all the heathen that are called byw my name, saith the Lord that doeth this. And I will. bring again the captivity of my people Israel, and they shall build the waste cities, and inhabit them, and they shall plant vineyards and drink the wine thereof; they shall also make gardens and eat of the fruit of them, and I will plant them upon their land, and they shall no more be pulled up out of their land which I have given them, saith the Lord thy Obadiah v. 17. "Upon Mount Sion shall be deliverance, and there shall be holiness, and the house of Jacob shall possess their possessions, and the house of Jacob shall be a fire, and the house of Joseph a flame, and the house of Esau for stubble, and they shall kindle in them and de- vour them, and there shall not be any remaining of the house of Esau, for the Lord hath spoken it; and they of the south shall possess the Mount of Esau, and saviours. shall come up on Mount Sion to judge the Mount of Esau, and the king- dom shall be the Lord's." Psalm lx. 9, and Psalm cvii. 9, where these words are repeated. "Over Edom will I cast out my shoe," (the x 15 mode of purchase ii the East,) u~Ipon.ni re tne will' I triumphis Who will bring 'me into: he strong city? who will lead me into Edom ? Proof from' Scripture that when {the Lord comes to reign on earth he will appear "in 1dwue%, wich. will thani be inhabited by Israelites. t Mieah ii. 12, 13. «1 will surely assemblej,O( Jaeob, all of thee; I will surely gather the rem- nant of Israel: I will put ,them, together as the sheep of Bazrah, as: a flock rin the .midsat of their fold, they shall make-.a great noise: by reason.o the.- multitude of men. }The B~reaker :(Messiah) is come ;up before themi; they- have broken mim and have passed. through the gate, and are gone out by° it, and their King shall pass before them; and the Lord on the head of them.".a Isaiah lxiii. 1 ."Who is tthis that cometh from Edom, with dyed garments from Bozrah," &c. Bozrah is the second city of Idumea- Christ was never there in his frst advent. - Isaiahm xviL 1. " Send ye the Lam to .) ruler of the land from Selak (margin Petra) ;to the wilderness, unto the mount of the daughter fofio. lProof that the promise. of G-od lto Abraham in- elides~ x not >only Paleatino, bUt Idume, :Moab; Ammon, and Chaldea, from the Nile to the ,Eu- phrates, which is conclusive. Genesis xv, 18. "In that sa~me: day the; Lord rc made a, covenant with Abram, saying, Unto thy }4N 16 seed have I given this land, from the river of Egypt unto the great river, the river Euphrates." EXTRACTS FROM KEITH, p. 101.x "Idumea is situated to the south and south- east of Judea. It is bordered on the east with Arabia Petrma, under which name it extended southward towards the eastern gulph of the Red Sea. A single extract from the Travels of Volney will be found equally illustrative of the prophecy, and of the fact :- " ' This country has not been visited by any traveller ; but it well merits such an attention, for from the report of the Arabs of Bakir, and the inhabitants of Gaza, who frequently go to Maan and Karak, on the road of the pilgrims, there are, to the south-east of the Dead Sea, within three days journey, upwards of thirty ruined towns absolutely deserted.' "'We cannot be surprised at these traces of ancient population, when we recollect that this was the country of the ancient Nabotheons, the most powerful of the Arabs, and of the Idumeans, who, at the time of the destruction of Jerusalem, were almost as numerous as the Jews. Besides the advantage of being under a tolerably good * It is a singular fact, that all the preceding passages of Scripture, and the extracts from Keith and La Borde's Travels, were all charged by Dr. John Crampton as evidence of Miss _Nevill's insanity. 17 government, these districts enjoyed a considerable share of the commerce of Arabia and India, which increased their industry and population. We know that as far back as the time of Solomon, the cities Ezion Geber, and Eloth, were highly frequented marts. The Idumeans, from whom the Jews only took their ports at intervals, must have found in them a vast source of wealth and popu- lation. Evidence, which must have been unde- signed, which would be suspected of partiality, and which no illustration can strengthen, and no ingenuity prevent, is thus borne to the truth of the most wonderful prophecies. That the Idu- means were a populous and powerful nation a long time after the delivery of these prophecies- that Idumea contained many cities, but that these cities are now absolutely deserted--that it was a commercial nation, and possessed highly fre- quented marts--and that it forms a shorter route than the ordinary one to India, and yet had not been visited by any traveller, are facts stated and proved by Volney. "'Burckhardt says-The traces of many towns and villages are to be seen in Edom, and a Roman road passed directly through the country.' Of the remains of ancient cities still exposed to view, he describes the ruins of a large town, of which nothing remains but broken walls, and heaps of stones; the ruins of several villages in its vicinity ; the ruins of an ancient city; also 13 1$ the extensive ruins of Gherandel Arundela, an ancient town of Palestina Tertia ; and enu- merates the remains of nine different towns within p{ount Sin. "'In the, vicinity of Mount Sin are the extensive ruins of a large city ; heaps of hewn stones, founda- tions of buildings, fragments of columns, and vestiges of paved streets, are spread over a valley, which is enclosed on each side by perpendicular pliffs, varying from four hundred to seven hun- dred feet in height, which are hollowed out into innumerable chambers of different dimensions, rising in the cliffs tier above tier, until it seems impossible to approach the uppermost.' Columns also rise above columns, and adorn the fronts of the dwellings ; horizontal grooves, for the con- veyance of water, run along the face of the cliffs. Flights of steps form the means of ascent, and the summits of the heights, in various places, are covered with pyramids cut out of the rock." It is true that these passages may have been misinterpreted by Miss Nevill, or even miscon- strued ; but surely the misinterpretation, or mis- construction of a text of Scripture, is not an indication of unsoundness of mind. Miss Nevill, who had succeeded in collecting large subscrip- tions to aid in the conversion and restoration of the Jews, also opened an extensive correspond- ence with persons of distinction in many parts of 19 1urope. She had influence enough with the King of Prussia to establish schools for the instruction and: conversion of the Jews in that country ; and in that correspondence you will perceive, that the designs which she had formed, did not appear to those persons, with whom she corresponded, as either extravagant, or absurd. It is true that Mr. Litton has denied that MissI Nevill had any such correspondence, and ham challenged me to produce these letters. Gentle- men, THE LETTERS ARE IN COURT, and you may satisfy yourselves of the truth of my assertion. But to return to the subject of Idumea. You will mistake very much, from what you have heard regarding Miss Nevill's statenent as to the paper currency, if you think that she meant, or intended it to be employed upon the Idumean project, unconnected with other means. She never for one moment, thought that it' could be accom- plished, except through, the influence of the Pacha of Egypt; and at the period when the letters upon the subject, which have been read to you, were written, Miss Nevill, having a balance of one hundred and forty-five pounds in the hands of her agent, Mr. Cornwall, she proposed to apply that sum in opening the way to a negociation with the Pacha of Egypt, through which she * Eight guard-books of original foreign letters were here produced, in Modern Greek, French, Italian, and English. They are swcrn to have been lodged in court. at 20 hoped to be able to induce him to co-operate in her endeavours to colonize Idumea, and to estab- lisli and guarantee the payment of the paper money, which has been mentioned to you. Now, there was no misapprehension whatever upon the part of Miss Nevill, as to the real state of Idumea, which has been totally misrepresented to you by my friend, Mr. Litton ; and all that can be said on the other side was, that her projects were of such an extraordinary and impracticable nature, as to be in themselves evidence of unsoundness of mind. But if those who were in communication with her craftily led her on, and deceived her, and that those projects of hers were, in fact, the crea- tion of their device, surely that cannot be called inherent unsoundness of mind. There is not a particle of evidence upon this subject, either in the letters of Miss Nevill, which have been read, or in the communications with her, which have been so detailed to you, some part of which was obtained by means of a simulated acquiescence in her plans. The period of her alleged insanity has been made to commence upon the 15th of July, 1835, and these communications end in June, 1837 ; and there are none of these docu- ments of earlier date than the month of January, 1837. The interval between the 15th of July, 1835, and the first of this communication being wholly untouched, save by the account given by Mr. Minchin, the clergyman, of his drinking tea 21 with Miss Nevill, in comipany 'with- Doctor de Graves. Gentlemin-t appears that Miss Nevill Wa some reason to complain of the manner in which her accounts had been kept by Mrt Oornwald This she did net conceal from him ; upon whiM he furnished her with her accounts, ,commencing about the period of her father's death, in 1822, and continued up to the year 183.7. These accounts, Miss ,Nevill herself (being a sgood accountantV) examined,: and was assisted in, their investigation by a friend. Here then we have Mr. Cornwall, dealing with this lady as a. peg' o4 of business, in _the investigation of her account ,at the~ very1 time. when. he would have yow believe ;that he uconsidered her 'incompetent to manage her ownr affairs. No*, with respect, to the correspondence -of Miss Nevil, which has been read uppn the other eide,, all of :them were replies to letters addressed to her by her nephew, Sir William Geary, .which I shall read to you, and were, each and every one of her an~swers, induced and extorted from her by those letters of Sir William Geary. The first of :SirWilliam Geary's letters, which I shall present to you, is dated the 18th Febuary, 1837, and is addressed to Miss Nevill :$- "tOxon oath, February t 8, 183.7.. "tMy : lEARt 'Aor4T7 "I have looked, carefully over your account- 22 lbook, with Mr. Cornwall, and have looked back to the accounts of several years. The complaint you make against him for having, in January 1828, paid you only sixty pounds, instead of one hundred and eighty-four pounds, twelve shillings, and fourpence, arises from a= mistake on your part, as he paid the full amount as usual. In every respect the accounts seem to be perfectly correct, and unless he has paid any things WITHOUT your order, or permission, or has paid any thing impro- perly, - they are without fault. In England V.e. Kent) we always allow our tenants one uarter's rent back ; for instance, what is due by them in October, is paid in January. ,In Ireland I know the general practice to be the same ; but with the addition of half a year-allowed on first entering a farm. So that supposing a tenant takes a farm in England in the month of May, his first half year is due in October, and collected in January. But as, in Ireland, you allow, the tenant half a year more, he does not pay until your June renat day. He then pays for his first half year; and as, in the account, it is always stated that the rent is paid up to a certain date, you never can be cheated. As in the case of a tenant dying (say in June), you receive a whole year's rent at once. I will endeavour to explain it more fully by putting a case. A hires a farm of me in May, 1830; he comes to me in January, 1831, and pays his half year, from May to Octo- 23 ber, 1830. In :Ireland, A takes a ,farm .of you i May, ;1830- ilrst:.half, year, .payableL in January. 1831, is not taken.at-that: time, 'but he is allowed hjalf a. year to settle himself :in his new.Jfarm,, and he .pays the. first rhalf y-eaar in Junte . T31 ; (hir the accoountstates-' Received for h~lfyear exuding October, 1830,' so .much').- This arrangemient:I do not suppose that you could. now'change,-uules~ a new tenant was, taking a Vfarmn; and, even then, I .doubt .very much whether it would be. toa your advantage .to .depart fIrom. the :usual practice The ~time for collecting .the; rents'' is, most probea- bly, in the months of January and June, althou~gh the half years are 'reckoned .-by tha farmer's ~yari .which, dates from, -Michaelmas 'to- Michaelmas, which. makes :the half year full in October and May.:1 - You have_ received -your January incowe; and there appears ,now? by, the book to. he as, much as. one hunidred and& twenty .pounds,: deducting' Mr.: Roper's twenty-five . pounds, now .in #Mr. Cornwall's h ands, :belonging to you. _This; of course, you have a right to do what you like with i but, my dear aunt, let me ask you, how you intend to pay your regular expenses, between this time and next .June, :if ,you'pay away any qpart of this sum at present ? As you do not tell mne, I cannot know' what,_ plans you :are' meditating, which .will require you .to 'sell :your, plate; but this I feel sure of, that ".your. intentims are .the lbest. Do not w6ithholdl our "confidencwe from mne,*. 24 and I will advise you to the best of wy pouwer; and, although I may run the risk of differing from you in opinion, I shall never hesitate to give you mine without reserve. As your regular expenses, between this time and June, will, as you must know, come to a considerable sum, and as I believe you follow my plan of settling all house expenses regularly every month, let me advise you not to think of paying away any money until the end of the half year ; the overplus may then be devoted to any purpose without fear of injus- Lice to any one. If you do not adopt this plan, but pay away your money now, what are the tradesmen who supply you to do? You will not be able to pay them, and they will be sufferers for your want of thought beforehand. You will say, perhaps, that you can borrow money to pay them; but remember, that if you continue to do so, from year to year, you are gradually reducing your own resources, and instead of being able to assist others in distress, and follow the dictates of your own charitable feelings, you will have no- thing left you to give away. Only manage well, pay first your regular expenses, and then apply the overplus, is my advice to you at present." Now, gentlemen, at the period when this letter was written, Miss Nevill was anxious to have at her command a sum of from one hundred and twenty- five pounds, to one hundred and fifty pounds, and 25 for that purpose she determined upon selling her plate. She expressed her intentions of doing so openly, and never contemplated effecting it by stealth ; accordingly, she had the plate valued by a silversmith, and being family plate, the refusal of it was offered by her to her nephew, Sir William Geary; who when he heard of her inten- tions, represented to her that the plate would sell to much greater advantage in London than in Dublin, but declined becoming himself the purchaser. Accordingly, it was sent over to England to Sir William Geary, who sold it cer- tainly, but did not think proper to return Miss Nevill the money it produced. He, however, after a very considerable delay, and repeated ap- plications from Miss Nevill, sent it-To whom ?-- To Mr. Cornwall ; and that money forms one of the items in his account. This, gentlemen, will, I hope, serve to explain some of the allusions contained in the letter which I have just read to you, and upon which I 811ll not at present make any other commentary than this-that its whole tone and style lead to this inevitable con- clusion, that when, upon the 10th of February, 1837, Sir William Geary ,wrote and addressed this letter to Miss Nevill, he considered, ad- dressed, and dealt with her, as a person capable of understanding, and conducting her own pecuniary affairs. ; yet this was at a period more than eighteen months after the time, 26 when they would have you to believe this lady was insane, and incapable of managing her own affairs. The next letter of Sir William Geary, bears date the 3rd of March, 1837, written from London, addressed to Miss Nevill, and is an extremely important one :- "MY DEAR AUNT, "I have been waiting until the arrival of your plate before I answered your last letter ; but as no packet is now expected before Sunday, I delay no longer. I can assure you that you are quite right in supposing that I am quite ready, at all times, to assist you with advice, if you think it worth having, and will place confidence in me. I did not mean to say in niy last letter to you, that you' had no right to receive the balance due to you at the end of a half year-there can be no doubt of that-and then to lay out your surplus, as you may like. It would be easy for you to do this-First, take a pen, and put down your household expenses-rent, interest of loans, &c., which you will have to pay between this and July, and you will at once see how much you can afford to spend at once, for the object on which your mind is intent. I will write to Cornwall soon, and make inquiries about the property, and 27 your house, &c.,* and will let you know the result. I think it very probable that I may give you a great deal of information about the East, from personal acquaintance with the countries to which you allude, as well as. through friends whom I have in Syria, = in Palestine, and in Egypt. Mehemet Ali, the Pacha of Egypt, was particu- larly kind to me and my party, when in that country, and I know many of the leading Beys there. Who is it to whom you are to pay the sum necessary immediately ? Is it to go by way of Damascus, Jerusalem, or Alexandria? As I have friends in each of those places, I might ensure the proper application of any funds you might wish to lay out there.. I wish you would let me know what your plans are, if you have formed any which I suppose you have not, as you have only given me a general outline of your ideas, which wants filling up. by. details, before I can be ,of use in promoting it. I dare say I shall be able to sell that part of your plate which is old, to more advantage than in Dublin. I mean, when it arrives, to show it to several of the great silver- smiths here, and get . all their valuations, which * It was her agitating about her just claim to the moiety of a large property which was bequeathed to her in her dear father's will, and enjoyed by the Geary's, with the connivance of the person who should have been its guardian, which brought on her a charge of lunacy ; but every farthing -of the main- rates must be now restored.--Ep. 28 will enable me to obtain the highest price. I am sorry to hear that influenza is so bad in Dublin- pray take care of your health*-Louisa sends her love. "Believe me your affectionate nephew, "WILLIAM R. P. GEARY.' Now, gentlemen, I shall here take leave to say, that the statements made by Miss Nevill, are by no means so visionary and groundless as has been represented bymylearned friend, on the other side. Mr. Litton, indeed, would have you believe that Idumea is a barren waste-a sandy desert, filled with all manner of noxious reptiles, and such as could never be rendered fit for the habitation of man. He likewise ridiculed the supposition of either mines or precious stones being found there. Allow me to read you a few passages from a most eminent author, in connection with the present subject, which supports Miss Nevill's opinion. This book, probably, is known to most of you, gentlemen, and is entitled-" Count Leon La Borde's Journey through Arabia, Petra, and Mount Sinai; together with his visit to the City of Petra, the Edom of the Prophecies :"-(Reads, page 84.) "Hussein attended me during my labours ; and in order to find occupation for the time that Let the persecutors all take care of their mental health, for there is retributive justice even in this world, and some of them have already been severely visited.-ED. to hin appeared tedious, in the midst of heaps of rubbish, which he deemed so insignificant, he searched among the ruins for turquoise stones, which are found here in great abundance, being brought to the surface by the rains. He gave me five of these stones, which were of considerable size, parting with them without the least reluc- tance. A person spending a few days on this mountain, where he will be exposed to no danger, and which is not more than six days' journey from Cairo, might make a large collection of turquoise, which, though not to be ranked among the best of precious stones, nevertheless, possess a certain value." The next extract I shall read speaks of the ex- istence of the copper mines, formerly worked by the Romans:- Page 81. " I was informed by our Arabs, and I knew also in consequence of my different jour- neys across the peninsula, which familiarized me with its geological strata and conformation, that an extensive bed of freestone, commencing in the plain of Tih, and extending as far as Nasb and the mountains of Sasboul el Cadem, and in a southerly direction, towards Waddy Magara, which was stained more or less deeply with oxide of iron, exhibited in a horizontal strata, and in dif- ferent proportions, but always announces unequi- vocally the presence of copper. These strata the ancients worked at three different places-first, at 30 Waddy Magara, which was discovered before the others, on account of its proximity to the ordinary: route of the caravans from the coast, and, there- fore, offered greater advantages ; secondly, at Sasboul el Cadem,' which seems to have been more productive; and thirdly, at Nasb, which was abandoned before the experiments with respect to it were completed." Now, Gentlemen, you will judge if the follow- ing ac'count of the country in the vicinity of Petra be what you understand to mean a barren and sandys desert, unfit for man or beast, without water.-(Reads, page 175.) "We went on amid excavated rocks, but the ravine gradually opened, the wall on each side became lower, and the brook irrigated a verdant pasturage, intermingled with herbs, flowers, fig- trees, and laurels. ~ It would have been interesting to trace these waters to their fountain head, which issued to lave the feet of so many splendid monu- ments. "The waters followed a regular descent, more gentle than that of the ravine itself; and, at' an elevation of about thirty feet, they passed through pipes of baked earth, partly broken away, but which might be repaired at a trivial expense, if fresh inhabitants were to establish themselves in the valley." Page 203. " There is to be found at Karak a species of bearded wheat, that justifies the text of r rn. 4 _r I 7z6 ;ezie?? e~wdc 697'/'L. 31 the Bible against the charges° of exaggeration (see engraving of seven-eared Idumean wheat) of which it has been the object ; and the vines, also, of this country, of the fruit of which we saw some specimens,, account for the enormous grapes which the spies brought to Moses from the places they visited."-(See engraving; the natu- ral size of each grape is that of a mogul plum! the length of the bunch four feet eight inches, and some. five feet long, by two feet and a half.) I beg leave to point out, that no country can be called " desolate and barren" when it produces such fruits and corn as are here described. Ins deed, Count Leon La Borde goes much further than 'Miss Nevill ever did, in point of what her friends would represent as chimerical speculation. That gentleman even assumes the practicability of the river Jordan being turned through Idumea ! from a little above the Dead Sea, through Waddy Araba, which, he asserts, was its ancient channel,; before the destruction of Sodom and Gomorrah, which would at once fertilize the whole country. I could read you several passages from this vera- cious traveller to establish these facts, but I think I have now read sufficient to show you, Gentle- men, that Miss' Nevill had suficient grounds for the belief which she formed as to_ the wealth of the country, and that the statements of my learned. friend, Mr. Litton, are not only unfounded, but directly at variance with .the published statements 32 of modern travellers, as. well as with the admitted ACCOUNTS OF THE SACRED WRITERS. But to return to the subject from which I di- gressed. You shall see that Sir William Geary was not only aware of the efforts which Miss Nevill had made, for establishing the tribes of Israel in Idumea, but she was aware of the recent stir among the Jews, in "consequence of Mehemet Ali shaking off the dependence of Egypt on the Ottoman Porte, and she natu- rally looked on him as the power whom God had so raised up to further the restoration of Israel; and it was evident that her nephew, Sir William Geary, who was her nearest relative, and the friend on whom she supposed she had the most reason to rely, not only approved, but encou- raged her plans; otherwise, would he have written in another letter-" It is my duty, as well as my in- clination, to assist you?" And if he offered her his co-operation, that circumstance might be called his imposition, but not her insanity. Her friends might have acted a more just and equitable part, in using their influence to show her the impracti- cability of her designs-which exertion, on their part, would have been most successful, if such impracticability could be proved ; but on the con- trary, it did not appear that any advice had ever been given her on the subject by those who should have been her friends. Let me now call your attention to the other letter of Sir William 33 Geary's, in which not a syllable of remonstrance is offered. Sir William. Geary, when appealed to as a nephew, as a dear friend and relative, ought surely to have advised her ,upon the subject. He, as his letter states, had every means of doing so with effect, from his local and other informatio; but he does not do so. On the contrary, his local and personal information is used, not for the purpose of disabusing her mind, but to delude, and deceive her. The whole of the management of this Commnssion has been carried on in precisely the same spirit, even the very witnesses for the prosecution have been actuated by the same principle.* First--There is Mr. Darley. His visit to Miss Nevill was a deception ; he goes there Numerous tricks were played to prejudice the jury and the public. It was asserted that Miss N. was influenced by the prophecy of -a mouse, (Amos,) and another prophecy of Huckabach, a kind of diaper. A hostile juror evinced his knowledge of the case and of the Scriptures by asking when would Mr. Idumea be examined. A clergyman, who is not canonized in the opinion of his brethren, not only accompanied the jurors daily down to Kingstown, with a view to prejudice their minds, but intruded himself secretly into the jury-room while the panel were deciding. The jury wished to have given Miss N. the control of her property, and sent the foreman to the judge upon that subject. Wearied at a late hour on Saturday, after a whole week's attendance, they came to a kind of forced agreement, to avoid being locked up until the follow- ing Monday.--Some men, we know, " must hang while jurors dine."-Ep. C 34 instructed, and prepared by a communication of her own, for the purpose of building cities in the country, where her dear nephew, Sir William Geary, has local and personal knowledge. Then there is Vernon, who tells you (to use his own expression) " that he humoured her, and drew her out," as much as he could. These are the witnesses who deposed to the making of notes, for raising money in Idumea; and here, let me tell you, that there is no evidence whatever, that Miss Nevill even contemplated the making. of these notes, previously to the letters which she received from Sir William Geary, when in May last he counterfeited an acquiescence in her plans and projects ; and I will ask you, ought such evi- dence as this, so elicited, so drawn forth, to be now brought forward against the feeble, and the weak? Is a moral fraud to be practised for the purpose of entrapping this unhappy lady? Here, at the critical period, when every preparation was made, every engine set in motion, for the purpose of carrying this Commission into effect, not only was no advice offered her, but every effort made to plunge her into difficulty and distress. No notice is given her of the period ,when these designs are concocted and arranged, to be put into execution against her ; nay, when by mere accident she does hear, upon the evening pre- ceding the day on which her fate, her doom for lfe, is to be sealed, the very means of defending 35 herself from a fate--to her worse than death itself-are pertinaciously withheld from her ; thirty pounds are all that can be spared to her out of her own funds, to enable her to defend herself,* even' were defence practicable at such a period, while her own agent, Mr. Cornwall, can afford to pay, out of her own money, to the attorney employied against her, the sum of one hundred and eighty pounds, for the purpose of getting her made a lunatic ! Vernon tells you that he knows her well-that he humours her, and draws her out as much as he can. Now, for this, is she to forfeit her liberty ? Is the first, the greatest blessing, which is given to a human being to enjoy, to be taken from her ? Now, with respect to Doctor Crampton. It is undoubtedly necessary that a physician visiting this lady, under the circumstances which he did, should have been previously well-in- structed as to the facts relating to her case ; but he ought not to have gone to her in the cha- racter of a person about to engage in the prose- cution of a scheme such as he has detailed to you. But, forsooth, he too is sent to "draw her out and to humour her." He is to represent the assumed character of a person seeking patronage * The public may not be aware that poor Miss Nevill had to sell her books, music, drawings, and to send half her furniture, even her bed,: to a pawnbroker, to obtain a solicitor, and fee counsel for her defence. 36 for some of his young medical friends. Surely, surely, Miss Nevill's family, instead of amusing her with impossible projects, ought to have se- riously and constantly remonstrated with her. The obligation upon them to take this course was imperative, and if the advantage of the supposed lunatic was considered the first object, that course should have been pursued. You have heard that in the year 1833 it was proposed to issue a com- mission of lunacy against this lady; Doctor Reid was then consulted, and he has told you that he then gave his opinion that such a step could not be taken without the greatest risk of bringing upon her total and perpetual insanity. You have heard the opinion of this sensible man, yet the present proceedings have been instituted without consulting a physician, and without intimation or warning of any kind. In this case, before you can find a verdict against the lady, two proposi- tions must be established to your complete satis- faction. You must be perfectly convinced,, not only of her unsoundness of mind, but also of her utter incapacity to manage her own affairs. There is not a word of truth in the statements which have been made as to the mode in which she contemplated realizing her plans regarding * Since the commission issued, its victim never gets a minute's sleep, from the time she retires at night until about nine o'clock next morning, when wearied Nature is refreshed by a few hours' repose. 37 Idumea. The project was not to be carried on at her own expense. The only sum of money which she ever intended to expend on it was the sum of one hundred and fifty pounds already mentioned. It has been said that she signed Idumean notes, but these notes imposed no liability on her what- ever, for you see they are only payable upon the contingency of the mines of Idumea being worked. As to the building of cities, the erect- ing of walls and fortifications, and other matters connected with this project, none of the expenses of these were to come out of her own pocket, and you will perceive that even the persons going out to Idumea were to do so at their own expense. Now, Gentlemen, you have nothing whatever to do with the extravagances of Miss Nevill's no- tions, save as far as they relate to the waste of her property. Let her notions appear to you to be ever so strange or absurd, you cannot conscien- tiously return a verdict against her, unless you are satisfied that these notions are likely to lead to the destruction of her property. But you have been told that she has wasted her property al- ready, and the transactions which took place at Liverpool in 1831 are triumphantly appealed to as evidence of this fact; and while i an upon this subject, let me recall to your recollection the case which my learned friend, Mr. Litton, was in- structed to state upon this- subject. He told you that, some time in the year 1831, 38 Miss Nevill, without the knowledge or sanction of her friends, " absconded," as he described it, "from Dublin to Liverpool, where she fell into the hands of a certain Mr. West, who represented himself as an emissary of Bishop Chace of Ohio, and of sundry other persons, by whom she was indueed to accept bills of exchange to the amount of three hundred pounds, two of which were afterwards paid by Mr. Cornwall." Now, there is no doubt whatever that Miss Nevill did go to Liverpool, in the latter part of the year 1831, for the purpose of carrying some of her benevolent plans into execution-that she did there become acquainted with the Mr. West alluded to-that for the purpose of establishing an episcopal church in Liverpool, she did incur the liability stated-and that in so doing, she was deceived by this Mr. West, to the extent which you have heard. Gentlemen, you will recollect that Doctor Singer has described that person as possessed of very considerable talents and address, and as having succeeded in imposing himself upon some of the highest and wisest persons in this country as an emissary of the Bishop of Ohio-that he was received and treated as such by the Protes- tant clergy, having succeeded in deceiving the late Archbishop of Dublin and many others of the clergy, is it, then, to be wondered at that he should have imposed upon Miss Nevill ? But 39 how is the charge of Miss Nevill having abscoande4 and eloped to Lierpool, for some clandestine pur- pose, without the knowledge or sanction of her friends, proved,? Mr. Cornwall, the only witness whom, they thought proper to examine on this charge, tells you that he was perfectly aware of Miss Nevill's intention of going to England, in the latter part of the year 1831, to Bristol and to Bath; but that she did not think fit to communi- cate to Mr. Cornwall her land agent, her inten- tion of going to Liverpool; he, however, dares not venture to say that she did not communicate her intentions to her own family. The question was put to him. Now, I shall not suffer this imputa- tion to rest upon what Mr. Cornwall has said, or what he has not said. I shall prove to your com- plete satisfaction that Miss Nevill's family werq perfectly acquainted with her visit to Liverpool and of the object and purpose of that visit ; and so far from her proceedings there being clandes- tine, that not only her sister, Lady Geary, knew and approved of these proceedings, but that they received the sanction and support of the bishops of the Protestant Church. Now I pray your attention to the following letter, written by Lady Geary to Miss Nevill, when in Liverpool, in the month of May, 183.1 The period when Mr. Litton tells you, this poor lady had absconded from her friends and family, for some clandestine purpose. It is addressed 40 to Miss Nevill, 26, Nelson-street, Great George's. square, Liverpool and bears the post-mark of May 23, 1831 .--(Reads.) " Sandlings, 'May 19, 1831. "MY DEAREST MARIANNE, This morning (not above an hour ago) I re- ceived your letter, telling me of the opening of your Hebrew Church, and most sincerely do I congratulate you on the success of your great per- severance and zeal in the cause. It must indeed have been very gratifying to you, and I hope it will lead to the conversion gradually of sufficient to fill your church to overflowing. I can fully imagine your feelings of joy on the occasion. I could not help thinking of your being like some of the Polynesian missionaries, whom I have just been reading of; after so many years working apparently in vain, their labours were at length rewarded. I hope your converts may become as sincere Christians as the Polynesian ones became. I never read a more interesting account than is given of them. I wish our nominally Christian population felt as they are represented to have done. Pray let me soon hear from you again, and tell me how you get on; but direct through Edward, Cavendish-square, as your last coming round by Oxen Hoath, made it two days longer on the way to me than it would otherwise have been. 41 Adieu my dearest Marianne, remember me kindly to Thespina, " And believe me your affectionate " HENRIETTA GEARY." There are several other letters from Lady Geary to Miss Nevill which were written about this period, and addressed to her at Liverpool, which I shall not detain you by reading, as I con- sider the one I have just read is sufficient, not only to falsify this most groundless charge of ab- sconding to Liverpool, but also to prove to you that at this very period Miss Nevill's own family knew and approved of her proceedings. I have already told you of the exertions of Miss Nevill at Liverpool and Bristol in opening Hebrew churches and otherwise, which received the sanction, not only of Miss Nevill's own family, but of some of the most eminent and pious of the Protestant bishops ; and I shall now trouble you with two of their letters. The first is from the bishop of Norwich, furnished by himself, dated Norwich, September 16, 1830, addressed to Miss Marianne Nevill, 55, Park-; street, Bristol. It refers to a Hebrew church she was about to open there previous to her visit to Liverpool.-(Reads.) " MADAM, " Every friend to the Established Church, every one who has sincerely at heart the interest of 42 Christianity, must approve of and admire the abilities and zeal you have displayed in promoting the most important of all objects. From a man, who may say with poor old King Lear, that he is fourscore and upwards, much active exertion cannot well be expected ; but if it be in your power to point out any mode by which I can pro- mote the success of your generous, pious, and enlightened views, no effort on my part shall be wanting which I am able to make. Believe me sincerely yours, &c., " HENRY NORWICH "Norwich, September 16, 1830." The next letter from the bishop of Bristol was written a year before Lady Geary's; and shews Miss Nevill's designs of establishing Hebrew churches did not depend on the Primitive Epis- copal Church of Liverpool, as Mr. Cornwall would have you suppose.-(Reads.) "Durham, October 5, 1830. "My DEAR MADAM, "If the French Protestant Chapel has been consecrated or licensed I trust that the corpora- tion will not consent to let it for a Jewish syna- gogue. I will write however to a friend who has interest with the corporation, upon the subject. If you can secure it, as you have stated, for a few pounds a year, you would do well to obtain a 43 lease of it for a twelvemonth. I cannot, however, license any gentlieman as preacher to it, till the concurrence of Mr. Sirtees be obtaiind, and the assurance of a certain number of persons be given that they will attend,' and some rules submitted to me for the performance of divine service upon the principles of the Church of.England. "Mr. Brett will have a license to open a school very soon from Mr. Barden. A delay has arisen from his being engaged in the country, and he has my positive instruction to forward it imme- diately. Mr. Brett may begin the school imme- diately ; he may assemble and teach his scholars young and old. The license, however, will not authorize him to perform divine service, though no objection will be made to the reading and con- men ting on the criptures. The school to be opened in St. Bidulph's parish is decidedly the first means to be adopted. Have the Jews who wished to be baptized, been admitted to that ceremony, and by whom? " I remain, dear Madam, your most obedient servant, " R. BRISTOL." With this letter and several others which will hereafter be laid before you, but which I shall not trouble you by reading, I shall close this part of the case. But then it has been stated on the other side, that Miss Nevill has in other ways wasted and squandered her property ; and you 44 have heard a most pompous description of the equipage and establishment with which this lady commenced life, and how she has gradually fallen from her high and palmy state. Now, you will bear in mind, that it has been stated and proved to you, that Miss Nevill, from the time of her father's death up to the year 1834, always had a person resident with her, in the character of a companion, whose name was Evans. That this Mrs. Evans had the entire management of Miss Nevill's household and pecuniary concerns until the year 1834, when she died; and that during Mrs. Evans's management, Miss Nevill was involved in debt. In the year 1829 she was in debt from living beyond her means, supporting this fine equipage and establishment of which you have heard so much, and received such a glowing description of from Mr. Litton, to such an extent that when she received her legacy of two thousand pounds, that sum had to be applied to pay those debts incurred by Mrs. Evans; after which a balance of six hundred pounds only remained in her favour, and even that soon melted away. Since 1834, however, when Miss Nevill com- menced to manage her own afairs, she has strictly economised, and the only period during which it is alleged, upon the part of the prosecution, that she was incapable of managing her own affairs, happens to be precisely that period-when she was most economical. The lavish expenditure 45 which has been complained of, is traceable not to Miss Nevill herself BUT TO Mus. EVANS, whose improvidence is shown by the yearly balances which appear in the accounts against Miss Nevill during the time she managed her affairs. It is shown by the debts which she incurred during that period to bakers, brewers, and butchers. The accounts which are now in evidence before you, show, that at the death of Mrs. Evans, Miss Nevill was deeply involved in debt. Take a few instances: To a butcher she owed £220; to a brewer £115; and for tea £37 odd. But surely this improvi- dence ought not to be visited upon Miss Nevill, but upon Mrs. Evans, who bith the full knowledge of Mr. Cornwall, incurred these expenses. Indeed this expenditure has not been put forward on the part of the prosecution as evidence of Miss Nevill's insanity. But let her only give ten pounds for missionary purposes, or one hundred and twenty- five pounds towards a project which she consi- dered to be of vital importance, and then forsooth matters are altogether changed, and the affair must be forthwith brought before a jury. Now, Gentlemen, I shall detain you for a few moments by stating, from Mr. Cornwall's own accounts, which have been given in evidence, how the balances of these accounts stood between 1834, the period when Mrs. Evans died, and the month of December, 1837, when the last of these accounts was settled. 46 Upon the 5th of August, 1834, the day on which the first account was settled, after Mrs. Evans's death, a balance is stated to be due by Miss Nevill to Mr. Cornwall of £214 Os. lid., exclu- sive of the large sums due to different tradesmen, as I have before mentioned. Upon the 27th December, 1834, that balance against Miss Nevill was increased to a sum of £336 13s. 6d.; this, however, was in consequence of Mr. Cornwall's having been obliged to pay several of the debts which I have told you were incurred by Mrs. Evans, previous to her death. For you will per- ceive, in this account, Miss Nevill is charged with a sum of £120 paid to a butcher, named Gannon, £37 5s. 8d. to a Mr. Tandy for tea, and several other sums paid to tradesmen for debts incurred by Mrs. Evans. The next of these accounts was settled upon the 1st of August, 1835, when there appears to have been a balance of one pound in Miss Nevill's favour, which, upon the 8th of February, 1836, was increased to a sum of £67 19s. 72d. Upon the 12th July, 1836, there was a balance in Miss Nevill's favour of £79 3s. 8d., which, on the 21st of January, 1837, was increased to ,145 19s. 8d. This last balance was, however, decreased, upon the 1st of August, 1837, to a sum of £6 9s. 71d., partly in consequence of Mr. Cornwall's having charged Miss Nevill with the expenses of the prosecution of the former inquiry against her, including a sum of ten pounds to Mr. 47 Darley, a witness who was then examined against Miss Nevill, and whose expenses, amounting to that sum, are in this account charged, with a liberality somewhat premature, against M:iss Nevill. However, upon the 2nd December, 1837, when the last of these accounts was settled, there is an admitted balance of £204 2s.. 2ad. due to Miss Nevill, exclusive of a sum of seventy pounds paid by Mr. Cornwall to Mr. Simmonds, the attorney for the prosecution, .and which sum is charged against Miss Nevill in this account in the following manner ;-" To paid cash advanced on the 7th July, 1837 last, to Mr. Simmonds, on account of proceedings against you, £20. To cash advanced to Mr. Simmonds, on account of proceedings relative to you, £50." Here, then, is the evidence furnished by Mr. Cornwall's own accounts, and I would ask you, does it appear from them that Miss Nevill is in debt, or has lavished or squandered her property ? She has, as you have heard, an income of nearly seven hundred pounds a year, arising from property in Cork.* She has not encumbered that. Then, she has also a sum of eight thousand pounds. It * This small part of Miss N.'s income is only mentioned by Mr. B. as being what the opposite party swore to, but as she was co-heiress to five estates, belonging to her father, Mr. N., which ought to give her £2500 a year, and that circumstance would at once render the charge of ruining her property, by spending E150 a she pleased, quite absurd. - - '~j~ <9~ - 48 is quite true that two thousand pounds of her fortune have been spent, and that she has bor- rowed one thousand pounds from Mr. Roper, but why has this been done ? Because Mrs. Evans was extravagant, squandered Miss Nevill's money, and left her involved in debt. Then there was the debt due to Blundell the printer, and what is the cause of all? Why, it is this :-That the whole of the debts due at Mrs. Evans's death, and before, had been incurred for household pur- poses alone ; and the debt due to Blundell was for printing geographical cards, and, therefore, that none of those expenses were incurred on account of the project relied upon on the part of the prosecution, as evidence of this poor lady's insanity. With the exception of the two thousand pounds spent by Mrs. Evans, no instance of prodigality has been shown ; and for the purpose of paying off the debt of one thousand pounds due to Mr. Roper, Miss Nevill has a uniformly increasing balance, since she began to manage her own affairs. If this commission had issued in the year 1834, immediately after the death of Mrs. Evans, I would be glad to know what act of extrava- gance could have been proved against Miss Nevill ? And in the interval between that and July, 1837, I ask you whether any further acts of extravagance have been committed? But the fact that Miss Nevill had an increasing balance in her favour was noe ve state to the- ju ry who trie this case in July last, and *verdict of ;ipusanit was found agaus Miss . evill by that jury, t ese fabt eig axlt gthr upp ysi y d ear 'a1o4 frm he. If amiss Nevill, in 1835, va na~ h w col Mr Con al h v cosi niulattested the execution of the bond for five hm * dred pounds to Mr. Geary in 1836? Surely the attestation of that instrument is a :guaranteo of the sanity of Miss Wevill at that time, "and it is altogether a mistake upon his part to sayt tat, i wa no so N o ,I d pr t s th t . a nt.1understand this part of M . Cornwall's tpstimony He appears to "think the attestation oif a bodI for. five hundred pounds az very trfling mnatter; '444 he would, "no question or doubt of %t'" hve attested ANY TH[Ni Bey mter what, provided he had the assent of .Miss Nevill's f am*! But I boldly assert that no jur~y, being. aware. that Cornwall has attested a bond for fiv bu'r : pounds, executed by this lady, can believe that he supposed her to have been inone when he so attested it. This is not all. Inthe year 103 Mr. Francis Geary, the petitioner, aceptd bond from Miss Nevill for no less a 8Um) than five thousand pounds, and this at a time., actor- Zing to the case now.made, when he must have; believed her to be incoupetsnt to execute it for> ifsh :was' a hlunatic in 1835, she W s soQ in 18,33. T'.hisi a most: w0himsical proceeding; " D for it now appears, that in April, 1836, Miss Nevill, with the assent of her family, executed a bond for five thousand pounds, in favour of Mr. Geary, and that there actually has been, upon the part of the persons prosecuting this Commission, an acceptance of property from Miss Nevill, to the amount of six thousand five hundred pounds, at a period when, according to the case now made by them, she was in a state of mental incapacity. Will you believe them when they assert, that the only time when this poor lady is sane is when she is conveying her property to her own family ; that this is the only act which she is considered competent to do. Another transaction has been deposed to by this same witness, Cornwall:- Recollect that evidence has been given by Doctor Singer, and relied upon by those prosecuting this Commission, which tends to show, that Miss Nevill was a lunatic in 1825, but Cornwall says in his letter of December, 1834, when he speaks of re- signing his agency, that he would then have ac- cepted a service of plate from Miss Nevill; nay, upon his cross-examination he states that he would have taken a gift of seven hundred and fifty pounds from her. Now, Mr. Cornwall then stood in cir- cumstances of peculiar delicacy, and confidential character in relation to Miss Nevill. He was her agent, and gifts to agents from their employers have been always looked upon with extreme sus- 151 picion ; and I can tell Mr. Cornwall, that to have accepted such a gift from Miss Nevill, under cir- cumstances such as he has stated, would, if true, have most seriously damaged his reputation and character. Again, it is said that Miss Nevill has injured and squandered her property, by those Idumean projects. I deny that she has done so, and I challenge my learned friends to prove it. Look to the measures she has undertaken and planned, and to the evidence by which they have been brought before you, and it will appear per- fectly plain, that she never intended to spend more than one hundred and fifty pounds upon those projects. I have proved incontestibly from the accounts, that 'so far from Miss Nevill having involved her property since 1835, the only period during the whole of her life in which she appears not to have spent anything for religious purposes, but appeared to be strictly economical, is the period during which you are called upon to say that she was incapable of managing her own affairs. With the exception of this sum of one hundred and fifty pounds, nothing was intended to have been spent, and nothing actually was spent, except indeed the the sum of six thousand pounds, five thousand of which was given to Mr. Francis Geary, the peti- tioner ; five hundred to Mr. Vernon, and five hundred to Mr. George Gray. Gentlemen, we now come to a most important era in this matter, namely, the opening of the pre- 52 sent Commission ; and as the fact of a former jury having found a verdict against this lady, has been strongly urged upon your consideration, and may possibly have some influence on your minds, I think it my duty to mention a few circumstances connected with that transaction. First, you will observe that Mr. Francis Geary had not seen Miss Nevill since the month of October, 1834, yet that gentleman, on the 6th of June, 1837, presented a petition to the Lord Chancellor, containing the following matter contained in the order in the petition:- Copy of the Order on the Petition of Francis Geary, Esq., Nephew of the supposed Lunatic, dated 8th June, 1837. "Whereas Francis Geary, of Albany, in the city of Westminster, barrister at law, nephew of the lunatic in this, this day petitioned the Right Honourable the Lord Chancellor of Ireland, set- ting forth that it appeared by the affidavit of Charles Roper, of Fairfield, in the county of Dublin, Esquire, that he has known the said Marianne Nevill, spinster, for many years, and has always been in habits of intimacy with her and all her family. " That for several years back, the said Charles Roper has considered the said Marianne Nevill to be of unsound mind, and incapable of managing her affairs, and that the said Charles Roper's 53 opinion has been formed from her general con- versation, and letters, and papers in her hend- writing. "That the said Marianne Nevill, spinster, has been from time to time swindled and defriauded of large slums of money, and that he, the sai Charles Roper, long since stated to her family the necessity of proceeding to restrain her, the said Marianne Nevill, from further waste, but until the present time they have been unwilling to do so, from feelings of delicacy, and wishing to avoid expense, but that they now find it im- possible to avoid such proceeding, in consequence of her, the said Marianne Nevill, spinster, being under the influence of designing persons, from whose connection with her the most ruinous and disgraceful consequences are to be apprehended. "That it also appears, by the joint affidavit of Messrs. Crampton and Read, Doctors of Medi- cine, that, on the 4th day of June instant, they visited and had a personal interview with the said Marianne Nevill, spinster, in her residence in Rutland-street, in the county of Dublin, when they conversed with her, the said Marianne Ne- vill, and say that from the nature of the said Marianne Nevill's conversation, and from the documents in her handwriting, as they verily be- lieve, and produced by her to them, they verily believe that the said Marianne Nevill is of un- sound mind, and incapable of managing her affairs. 54 " And the said John Crampton saith, he has since received a letter, signed Marianne Nevill, and bearing date the 5th day of June instant, addressed to him, and which letter he verily be- lieves is in the handwriting of the said Marianne Nevill, and from the contents thereof he is fur- ther confirmed in his opinion, as above stated. "Petitioner, therefore, prayed his Lordship to order that a Commission, in the nature of a writ de lunatico inquirendo, might issue, to inquire of the lunacy of the said Marianne Nevill, spinster, directed to such persons as his Lordship should think fit. Whereupon, and on reading the affi- davit of Charles Roper, filed the 6th day of June instant, (1837,) and the affidavits of Drs. Cramp- ton and Read, filed same day, 6th day of June, 1837, it is orded by his Lordship- "That a Commission, in the nature of a writ de lunatico inquirendo, do forthwith issue in the usual form, directed to William Henn, Roderick Connor, John Sealy Townsend, and Thomas Goold, Esquires, the four Masters of the High Court of Chancery, and to Bertrand Mitford and Francis Beatty, Esquires, barristers at law, or any three of them, to try and inquire whether the said Marianne Nevill is or is not a person of un- sound mind, and incapable of managing her own affairs, and if so, at what time she became so, and whether she then was or now is seized, possessed, or entitled unto any real, freehold, or personal estate, and the nature and amount thereof, and who isor are her heir or heirs at law, and next of kin. " So ENDS." Observe, Gentlemen, this affectionate nephew never called to see Miss Nevill before he lodged the petition, to ascertain the state of her mind, nor did she know he was in Dublin till he came to see her the 11th of July, after she had been condemned.* Gentlemen, the jurisdiction of the Lord Chan- cellor, in lunatic matters, is a trust reposed in him by the Crown, a part of whose especial prerogative it is to have the care and protection of those whom the law considers incapable of taking care of themselves, and this is one of the most delicate trusts reposed in the Chancellor. The petition which I have stated to you was ven- fled by the affidavits of Messrs. Francis Geary and Charles Roper, who had seen Miss Neyill only once since 1834, and that not for more than five minutes, unsoundness petition, and ported ; and allegations in would sustain you will perceive the nature of the of mind which is detailed in that the affidavits by which it is sup- I am ready to admit, that if the those affidavits were true, they one of the several species of insa- * He was three weeks in the trial. Dublin at Mr. C. Roper's, nity mentioned in Mr. Shelford's treatise upon that subject. But I here impeach, as false and unfounded, the suggestions upon which that Com- mission issued-a Commission which, if the real benefit of this lady had been considered, ought never to have been issued at all. In a case in the first volume of Vesey and Bourne's Reports, Lord Eldon, in speaking of the propriety of issuing a Commission of lunacy, in a case before him, says-- " It has not been intended, on either side, that the person exercising the office of Lord Chan- cellor is, in the exercise of that authority which he holds by especial commission, bound to issue a ission wherever the fact of lunacy is estab- It is not, therefore, necessary to state the grounds of the opinion on which I have acted in that respect, and I should be sorry if I had to exercise such an authority, as the object of such a proceeding being the welfare of the party, I know that by granting it, in many cases, it might for ever prevent the cure." He then mentions a case of unquestionable lunacy, where he had refused to issue the Commis- sion, and says- " The true point in this application for me to consider, in the exercise of this most delicate and important authority committed to me, is, whether it is really necessary for the benefit of his mental health and his property, that a Commission should issue. ,And now, Gentlemi,: let m:ask'yu rzIr Eldon's words,. -was itfrtebenefit of:°Miss Nevill's mental health ,that this Comission shouIli hav e ;issued? W t were the :expressions o Doctor Read when that question was put tol him "You may," said he, "by so' doing, mxake that stn incurable case, which, by care and attentiou, may be cu red. " That suggestion was acted 'upon in 1833.. Why is it not acted -upon- now? The solemn judgment of that humane man was, that- noCommission ought to have issued against this unhappy lady. Should she, the, be rose.cutod now ? °It is true that, in the event of you $nd- t ing a verdict ag6ans phis lady, she will not be sent to a lunatic asylum ; the Ohancell~r,, hmself = will, no doubt, attend, and have regard to her comfort. .But, in point of fit =-4n recz'iy-s e will still be a prisoner. The charm-:the very essence of her existence will be taken from h er, FOR SUP, WILL E D3EPRIVED 'F TF6PWE~O DOING GOOD! But to proceed with the affdavit, on which f is Commission issued. Mr. Roper states- "Affidavit of Charles Roper, sworn 5th, and fid fitlai June, 3.37.: "Saith he has known the said Mairianne Nevill, now, of Rutland-street, -in the county of' Dbli , spinster, for, many years, and has: always been in habits. of intimacy with her: and all her fawily. 58 "Saith that for several years back he has con- sidered the said Marianne Nevill to be of unsound mind, and incapable of managing her affairs, and that his said opinion has been formed from her general conversation, and letters and papers in her handwriting. "Depoient further saith she has been from time to time swindled and defrauded of large sums of money, and that he long since stated to her family the necessity of proceeding to restrain her from further waste, but until the present time they have been unwilling to do so from feelings of delicacy, and wishing to avoid exposure, but that they now find it impossible to avoid such proceeding, in consequence of her being under the influence of designing persons, and disgrace- ful consequences are to be apprehended."* You perceive, Gentlemen, that Mr. Roper's affidavit states as the reason why this Commission ought to issue, that there were improper persons about Miss Nevill, and that unless she was pro- tected from them by the interposition of the Court, consequences the most ruinous would ensue. Who are these persons thus sworn to be about her? Where are they ? What are they ? Does it appear that they have got her property ? No. * The whole of this last paragraph is founded on a letter written by Mr. Long, an apothecary. 59 Those, and those onl, who HAVE got her property are they who prosecute this Commission. They have told you of a person named Tatam-where is Tatam ? Why has he not been examined? But to resume the subject of the issuing of this Com- mission. It appears that the Lord Chancellor, two days after this petition was presented, being induced to do so by FALSE INFORMATION and un- justifiable statements, this being represented to him as a case of urgency and danger, deemed it his duty to issue this Commission. I have told you I impeached, as false, the suggestions made to induce the granting of this Commission, and I shall now prove the falsehood from the lips of Mr. Francis Geary, the petitioner himself! written after the former inquiry had taken place.- (Reads.) "I believe that proceedings were instituted against Miss Nevill, in consequence of fr. Long's letters, and her own letters. "FRANCIS GEARY. " 11th July, 1837." "So, then, Mr. Long did write letters respect- ing Miss Nevill's alleged insanity, but there has not been one word said about Mr. Long or his letters in the statement for the prosecution. His evidence has been suppressed and kept back, so have his letters ; and I feel assured that the jury 60 will find as much difficulty in finding a verdict, upon suppressed evidence, as they will, upon evidence extracted from this poor lady, by a feigned acquiescence in her views and opinions. The order from the Chancellor, that the Commis- sion should issue, was granted upon the 12th of June last. Upon the 4th of July following, the precept issued for an inquiry to be held on the 7th of the same month, and upon the evening of the 6th of July, without any notice whatever to Miss Nevill, a summons was issued upon one of Miss Nevill's servants, requiring her to attend, to give evidence upon a trial affecting the liberty of her unhappy mistress, which was to take place the following morning ; and this was the first- the only intimation which the prosecutors thought fit to vouchsafe this unfortunate lady, of proceed- ings which so vitally concerned her. I admit that, if a person is in a state of mental imbecility, it would be absurd to serve him with a notice of the proceeding, and, therefore it is, that these proceedings are frequently ex parte, and notice not considered necessary. But here, a lady, in the vigour of her intellect, to all appearance, has had a proceeding taken against her, which may have the effect of for ever disquakfying her from taking any part in the ordinary concerns of fe, and this without any notice or intimation of such pro- ceeding. Miss Nevill does, however, by chance, late on the evening of the 6th of July, obtain 61 intelligence that the trial of her liberty is to take place upon the following morning. The very first idea which enters her mind is a determination to defend herself, and a resolution to resist the pro- ceedings to the utmost. For this purpose, she at once employs an attorney, a Mr. Wauchob, a most respectable gentleman, who, upon the mor- ning of the 7th of July, attended before the commissioners, for the purpose of procuring a postponement of the trial. Will you believe it, Gentlemen, that this application was opposed 4 the COUNSEL on behalf of those who prosecuted the Commission ? The trial was, however, post- poned until the Monday following. Meanwhile, Mr. Cornwall was applied to for money to enable this unhappy lady to defend herself and you have already heard how that application was answered--thirty pounds (a sum totally inadequate to meet the expenses of a pro- ceeding of this nature) was all that would be granted out of her own funds, to defend her in this exigency, while Mr. Cornwall thought fit to apply this unfortunate lady's money, with no sparing hand, in remunerating the attorney and the witnesses who appeared against her. Upon the Monday, an application was made to the commissioners for a further postponement of the trial, as it was quite impossible to have been able to procure witnesses, to instruct counsel, and to make the several other preparations absolutely 62 necessary for the conducting of so important an inquiry, with only the short interval between the evening of the 6th July, and the morning of the 10th of this same month. This application WAS REFUSED! and Mr. Wauchob, acting under the advice of his counsel, and having, in fact, no other course to pursue, retired from before the commissioners. No defence whatever was then made upon the part of Miss Nevill, and the jury, of course, found a verdict against her. How- ever, upon the 4th of November, 1837, a petition was presented to the Lord Chancellor, in Miss Nevill's behalf, praying for liberty to traverse the finding of that jury. The matter of that petition was directed to be moved in Court, upon which motion, counsel on behalf of those who had pro- secuted the Commission appeared, and, as far as they could, endeavoured to prevent Miss Nevill from having an investigation of that ex parte finding, notwithstanding which, the Lord Chan- cellor was pleased to grant liberty to traverse the former finding, and thus to put the matter in a train of fair investigation. Immediately upon the Chancellor having granted liberty to traverse, which was, in effect, directing that the question should be fairly tried, it became of vital importance to Miss Nevill to be furnished, not only with evidence to meet the accusations brought against her, but also with money to enable her to defray the expenses of an 63 inquiry so very important, and you will naturally expect that every facility would have been af- forded her, by those who professed to be her friends, in preparing for this investigation, or, at least, that no obstacle would have been thrown in her way. It was but a mockery, to give her a trial, and, at the same time, to withhold from her the means of prosecuting it with effect. But what was the conduct pursued? I have told you, and so has Mr. Cornwall, that Miss Nevill's accounts, furnished by Cornwall himself, had, in January last, been lent to Sir William Geary for investi- gation. These accounts-Miss Nevill's own pro- perty--after much entreaty, had been sent back by Sir William Geary to Mr. Cornwall, but were by him kept and detained from her. Now, Gen- tlemen, you will at once perceive the importance of these accounts, as evidence, in any investigation regarding Miss Nevill's competency to manage her own pecuniary affairs. They are, in fact, the car- dinal points of her case ; and you will expect that those accounts would at once have been given up to her when a trial was granted. But far from it. They were withheld-pertinaciously and obsti- nately withheld from her. Upon the 9th of December last, a notice was served upon Mr. Cornwall, calling upon him to f'urnish these ac- counts, to enable her to prepare her defence. This was refused ; the consequence of which was that a petition had to be presented to the Chan- 64 cellor, on Miss Nevill's behalf, at an expense of upwards of forty pounds, praying to have access afforded her to these accounts, and money fur- nished to defray the expenses of the trial. The result was, that these accounts were directed to be lodged in the Master's office, for her use, and an order of reference was procured, directing an inquiry as to the sum necessary for the ap- proaching trial, the funds in Mr. Cornwall's hands applicable thereto, and empowering the Master to order, that whatever sum he should deem necessary for this purpose, not exceeding four hundred pounds, should be paid to Miss Nevill's attorney. This order was procured upon the 4th of November last, the trial, upon which the accounts were to be made use of, being fixed for the 20th of November, notwithstanding which, these accounts were not lodged in the Master's office, nor any access to or inspection of them afforded, until several days after that upon which the trial was to have taken place. Meanwhile, Miss Nevill, being wholly destitute of funds to meet the expenses of the trial, the evidence upon which the event of that trial must mainly depend being kept back from her and withheld, had to make an application to the Court of Queen's Bench, founded upon an affidavit detailing the facts which I have mentioned, for a postponement of the trial. This application was, however, opposed by the counsel on the part of the prosecution, notwithstanding which, Mr ATs- tice Crampton, -to whom that .application was made, feeling that it would not be reasonable to force this unfortunate lady to trial,~ without either money-or evidence, with a humanity which does him credit, -directed that her case should stand over until the 9th of this present month. The last act of this disgraceful drama with which I shall trouble you was performed in~ Master Town- send's office ; for when Miss Nevill's attorney ap- peared in that office, upon the order of reference which I have mentioned, to procure the funds which the iLord Chancellor thought it reasonable this poor lady should be furnished with, to enable her to have her case tried, counsel upon the part of the prosecution--the leading counsel -Sir Henry Meredyth himself-was instructed to appear, and did appear in Master Townsend's office, to oppose the granting of these funds ; but notwithstanding all these obstacles and impedi- ments thus perseveringly heaped in the way of my unhappy client, she has .at length been enabled to lay her sad history before a jury of her coun- trymen. You, Gentlemen, I make no doubt, will anxiously apply your minds to the evidence which has been offered, and to that which I shall now offer to you. You will give it that calm and dis- passionate attention which a case of such impor- tance deserves ; for upon your verdict depends the liberty, perhaps the existenc~e, of this ill-used ir:* y i. t "rue, indeed, that should you fi d a . v .dict ainsther, 8Te °may not, perhaps, (shul 1r reso survive the shook- shoauld the opiann efthe humrane. Dfr. Jead prove unfounded,) be huirr ed "into 'a,_lnatic asylum; but ;a verdiet *ge4inst ihei will d4 ive her of her liberty-Of tt ihichl has: been the charm. and .object of, her fife- the power Qf doing good-the privilege of relievixg: th0 distressed. The poor, indeed, may Arfor arelief, to such she must then say =as'poor as thou." The Court then rose at a quarter past seven. THE END. P13ntetby s T p~ Cieir s,; aryrdmet, public