THOMAS PROVIS--CALLING HIMSELF SIR RICHARD HUGH SMYTH.

Great excitement prevailed throughout England towards the close of the

year 1853, in consequence of the result of a trial which took place at

the autumn assizes at Gloucester. A person calling himself Sir Richard

Hugh Smyth laid claim to an extinct baronetcy, and brought an action

of ejectment to recover possession of vast estates, situated in the

neighbourhood of Bristol, and valued at nearly £30,000 a-year. The

baronetcy in question had become, or was supposed to have become,

extinct on the death of Sir John Smyth, in 1849, and at his decease

the estates had passed to his sister Florence; and when she died, in

1852, had devolved upon her son, who was then a minor, and who was

really the defendant in the cause. Mr. Justice Coleridge presided at

the trial, Mr. (afterwards Lord-Justice) Bovill appeared for the

claimant, and Sir Frederick Thesiger represented the defendant.

According to the opening address of the counsel for the plaintiff, his

client had been generally supposed to be the son of a carpenter of

Warminster named Provis, and had been brought up in this man's house

as one of his family. When the lad arrived at an age to comprehend

such matters, he perceived that he was differently treated from the

other members of the household, and, from circumstances which came to

his knowledge, was led to suspect that Provis was not really his

father, but that he was the son of Sir Hugh Smyth of Ashton Hall, near

Bristol, and the heir to a very extensive property. It seemed that

this baronet had married a Miss Wilson, daughter of the Bishop of

Bristol, in 1797, that she had died childless some years later, and

that he had, in 1822, united himself to a Miss Elizabeth. The second

union proved as fruitless as the first, and when Sir Hugh himself

died, in 1824, his brother John succeeded to the title and the greater

portion of the property. By-and-by, however, certain facts came to the

ears of the plaintiff, which left no doubt on his mind that he was the

legitimate son of Sir Hugh Smyth, by a first and hitherto concealed

marriage with Jane, daughter of Count Vandenbergh, to whom he had been

secretly married in Ireland, in 1796. But, although the plaintiff was

thus convinced himself, he knew that, while he possessed documents

which placed his origin beyond a doubt, it would be extremely

difficult for a person in his humble circumstances to substantiate his

claim, or secure the services of a lawyer bold enough to take his case

in hand, and refrained from demanding his rights until 1849; in which

year, rendered desperate by delay, he went personally to Ashton Hall,

obtained an interview with Sir John Smyth, and communicated to him his

relationship and his claims. The meeting was much more satisfactory

than might have been expected. As Sir John had been party to certain

documents which were executed by his brother in his lifetime (which

were among those which had been discovered), and in which the

circumstances of the concealed marriage and the birth of the claimant

were acknowledged, it was useless for him to deny the justice of the

demand, and he recognised his nephew without demur. But the excitement

of the interview was too great for his failing strength, and he was

found dead in bed next morning. Thus all the hopes of the real heir

were dashed to the ground, for it was not to be expected that the

next-of-kin, who knew nothing of the supposed Provis, or of Sir Hugh's

marriage, would yield up the estates to an utter stranger, without a

severe struggle and a desperate litigation. He, therefore, refrained

from putting forth his pretensions, and travelled the country with his

wife and children, obtaining a precarious living by delivering

lectures; and he took no steps to enforce his rights until 1851, when,

after negotiations with several legal firms, he at length found the

means of pursuing his claims before the tribunals of his country.

In support of the plaintiff's case a number of documents, family

relics, portraits, rings, seals, &c, were put in evidence. At the time

when the marriage was said to have taken place there was no public

registration in Ireland, but a Family Bible was produced which bore on

a fly-leaf a certification by the Vicar of Lismore that a marriage had

been solemnized on the 19th of May, 1796, "between Hugh Smyth of

Stapleton, in the county of Gloucester, England, and Jane, daughter of

Count John Samuel Vandenbergh, by Jane, the daughter of Major Gookin

and Hesther, his wife, of Court Macsherry, county of Cork, Ireland."

In the same Bible was an entry of the plaintiffs baptism, signed by

the officiating clergyman. A brooch was produced with the name of Jane

Gookin upon it, and a portrait of the claimant's mother, as well as a

letter addressed by Sir Hugh Smyth to his wife on the eve of her

delivery, in which he introduced a nurse to her. Besides these, there

were two formal documents which purported to be signed by Sir Hugh

Smyth, in which he solemnly declared the plaintiff to be his son. The

first of these declarations was written when the baronet was in

extreme ill-health, in 1822, and was witnessed by his brother John and

three other persons. It was discovered in the possession of a member

of the family of Lydia Reed, the plaintiff's nurse. The second paper,

which was almost the same in its terms, was discovered in the keeping

of an attorney's clerk, who had formerly lived in Bristol. The

following is a copy of it:--

"I, Sir Hugh Smyth, of Ashton Park, in the county of Somerset, and of

Rockley House, in the county of Wilts, do declare that, in the year

1796, I was married in the county of Cork, in Ireland, by the Rev.

Verney Lovett, to Jane, the daughter of Count Vandenbergh, by Jane,

the daughter of Major Gookin, of Court Macsherry, near Bandon.

Witnesses thereto--The Countess of Bandon and Consena Lovett. In the

following year, Jane Smyth, my wife, came to England, and, immediately

after giving birth to a son, she died on the 2d day of February, 1797,

and she lies buried in a brick vault in Warminster churchyard. My son

was consigned to the care of my own nurse, Lydia Reed, who can at any

time identify him by marks upon his right hand, but more especially by

the turning up of both the thumbs, an indelible mark of identity in

our family. My son was afterwards baptized by the Rev. James Symes of

Midsomer Norton, by the names of Richard Hugh Smyth; the sponsors

being the Marchioness of Bath and the Countess of Bandon, who named

him Richard, after her deceased brother, Richard Boyle. Through the

rascality of my butler, Grace, my son left England for the continent,

and was reported to me as having died there; but, at the death of

Grace, the truth came out that my son was alive, and that he would

soon return to claim his rights. Now, under the impression of my son's

death, I executed a will in 1814. That will I do, by this document,

declare null and void, and, to all intents and purposes, sett

asside(_sic_) in all its arrangements; the payment of my just debts,

the provision for John, the son, of the late Elizabeth Howell, and to

the fulfilment of all matters not interfering with the rights of my

heir-at-law. Now, to give every assistance to my son, should he ever

return, I do declare him my legitimate son and heir to all the estates

of my ancestors, and which he will find amply secured to him and his

heirs for ever by the will of his grandfather, the late Thomas Smyth

of Stapleton, Esq.; and further, by the will of my uncle, the late Sir

John Hugh Smyth, baronet. Both those wills so fully arrange for the

security of the property in possession or reversion that I have now

only to appoint and constitute my beloved brother John Smyth, Esq.,

my only executor for his life; and I do by this deed place the utmost

confidence in my brother that he will at any future time do my son

justice. And I also entreat my son to cause the remains of his mother

to be removed to Ashton, and buried in the family vault close to my

side, and to raise a monument to her memory.

"Now, in furtherance of the object of this deed, I do seal with my

seal, and sign it with my name, and in the presence of witnesses, this

10th day of September, in the year of our Lord, 1823. HUGH SMYTH (L.S.).

William Edwards.

William Dobbson.

James Abbott."

After some proof had been given as to the genuineness of the

signatures to this and the other documents, the plaintiff was put into

the witness-box. He said that his recollections extended back to the

time when he was three years and a half old, when he lived with Mr.

Provis, a carpenter in Warminster. There was at that time an elderly

woman and a young girl living there, the former being Mrs. Reed, the

wet-nurse, and the latter Mary Provis, who acted as nursemaid. He

stayed at the house of Provis until Grace, Sir Hugh's butler, took him

away, and placed him at the school of Mr. Hill at Brislington, where he

remained for a couple of years, occasionally visiting Colonel Gore and

the family of the Earl of Bandon at Bath. From Brislington he was

transferred by the Marchioness of Bath to Warminster Grammar School,

and thence to Winchester College, where he resided as a commoner until

1810. He stated that he left Winchester because his bills had not been

paid for the last eighteen months; and, by the advice of Dr. Goddard,

then headmaster of the school, proceeded to London, and told the

Marchioness of Bath what had occurred. The marchioness kept him for a

few days in her house in Grosvenor Square, but "being a woman of high

tone, and thinking that possibly he was too old for her protection,"

she advised him to go to Ashton Court to his father, telling him at

the same time that Sir Hugh Smyth was his father. She also gave him

some £1400 or £1500 which had been left to him by his mother, but

declined to tell him anything respecting her, and referred him for

further information to the Bandon family. The marchioness, however,

informed him that her steward, Mr. Davis, at Warminster, was in

possession of the deceased Lady Smyth's Bible, pictures, jewellery,

and trinkets. But the lad, finding himself thus unexpectedly enriched,

sought neither his living father nor the relics of his dead mother,

but had recourse to an _innamorata_ of his own, and passed three or

four months in her delicious company. He afterwards went abroad, and

returned to England with exhausted resources in 1826. He then made

inquiries respecting Sir Hugh Smyth, his supposed father, and

discovered that he had been dead for some time, and that the title and

estates had passed to Sir John. Under these circumstances he believed

it to be useless to advance his claim, and supported himself for the

eleven years which followed by lecturing on education at schools and

institutions throughout England and Ireland.

Up to this time he had never made any inquiry for the things which the

Marchioness of Bath had informed him were under the care of Mr. Davis;

but, in 1839, he visited Frome in order to procure them, and then

found that Davis was dead. Old Mr. Provis, who had brought him up, was

the only person whom he met, and with him he had some words for

obstinately refusing to give him any information respecting his

mother. The interview was a very stormy one; but old Provis, who was

so angry with him at first that he struck him with his stick, quickly

relented, and gave him the Bible, the jewellery, and the heir-looms

which he possessed. Moreover, he showed him a portrait of Sir Hugh

which hung in his own parlour, and gave him a bundle of sealed papers

with instructions to take them to Mr. Phelps, an eminent solicitor at

Warminster. The jewellery consisted of four gold rings and two

brooches. One ring was marked with the initials "J.B.," supposed to be

those of "James Bernard;" and on one of the brooches were the words

"Jane Gookin" at length.

The claimant further stated that, on the 19th of May, 1849, he

procured an interview with Sir John Smyth at Ashton Court. He said

that the baronet seemed to recognise him from the first, and was

excessively agitated when he told him who he was. To calm him, the

so-called Sir Richard said that he had not come to take possession of

his title or property, but only wanted a suitable provision for his

family. It was, therefore, arranged that Sir John's newly-found nephew

should proceed to Chester and fetch his family, and that they should

stay at Ashton Court, while he would live at Heath House.

But the fates seemed to fight against the rightful heir. When he

returned from Chester twelve days later, accompanied by his spouse and

her progeny, the first news he heard was that Sir John had been found

dead in his bed on the morning after his previous visit. All his hopes

were destroyed, and he reverted calmly to his old trade of stump

orator, which he pursued with equanimity from 1839 till 1851. During

this time he vainly endeavoured to secure the services of a sanguine

lawyer to take up his case on speculation, and it was not until the

latter year that he succeeded; but when the hopeful solicitor once

took the affair in hand, evidence flowed in profusely, and he was at

last enabled to lay his claims before her Majesty's judges at

Gloucester assizes. Such, at least, was his own story.

In cross-examination he stated that although Provis had two sons,

named John and Thomas, he only knew the younger, and had but little

intercourse with John, who was the elder. He described his youthful

life in the carpenter's house, and represented himself "as the

gentleman of the place," adding that he wore red morocco shoes, was

never allowed to be without his nurse, and "did some little mischief

in the town, according to his station in life, for which mischief

nobody was allowed to check him." After a lengthy cross-examination as

to his relationship with the Marchioness of Bath and his alleged

interview with Sir John Smyth, he admitted that as a lecturer he had

passed under the name of Dr. Smyth. He denied that he had ever used the

name of Thomas Provis, or stated that John Provis, the Warminster

carpenter, was his father, or visited the members of the Provis family

on a footing of relationship with them. As far as the picture, which

he said the carpenter pointed out to him in his parlour as the

portrait of his father, was concerned, and which, when produced, bore

the inscription, "Hugh Smyth, Esq., son of Thomas Smyth, Esq., of

Stapleton, county of Gloucester, 1796," he indignantly repudiated the

idea that it was a likeness of John Provis the younger, although he

reluctantly admitted that the old carpenter sometimes entertained the

delusion that the painting represented his son John, and that the

inscription had not been perceivable until he washed it with tartaric

acid, which, he declared, was excellent for restoring faded writings.

He was then asked about some seals which he had ordered to be engraved

by Mr. Moring, a seal engraver in Holborn, and admitted giving an order

for a card-plate and cards; but denied that at the same time he had

ordered a steel seal to be made according to a pattern which he

produced, which bore the crest, garter, and motto of the Smyths of

Long Ashton. However, he acknowledged giving a subsequent order for

two such seals. On one of these seals the family motto, "_Qui capit

capitur_" had been transformed, through an error of the engraver, into

"_Qui capit capitor_," but he said he did not receive it until the 7th

of June, and that consequently he could not have placed it on the deed

in which Sir Hugh Smyth so distinctly acknowledged the existence of a

son by a first marriage--a deed which he declared he had never seen

till the 17th of March. A letter was then put into court, dated the

13th of March, which he admitted was in his handwriting, and which

bore the impress of the mis-spelled seal. Thus confronted with this

damning testimony, the plaintiff turned pale, and requested permission

to leave the court to recover from a sudden indisposition which had

overtaken him, when, just at this juncture, the cross-examining

counsel received a telegram from London, in consequence of which he

asked, "Did you, in January last, apply to a person at 361 Oxford

Street, to engrave for you the Bandon crest upon the rings produced,

and also to engrave 'Gookin' on the brooch?" The answer, very

hesitatingly given, was, "Yes, I did." The whole conspiracy was

exposed; the plot was at an end. The plaintiff's counsel threw up

their briefs, a verdict for the defendants was returned, and the

plaintiff himself was committed by the judge on a charge of perjury,

to which a charge of forgery was subsequently added.

The second trial took place at the following spring assizes at

Gloucester. The evidence for the crown showed the utter hollowness of

the plaintiff's claim. The attorney's clerk, from whom the impostor

had stated he received the formal declaration of Sir Hugh Smyth, was

called, and declared that he had written the letter which was said to

have accompanied the deed, from the prisoner's dictation; the deed was

produced at the time, and the witness took a memorandum of the name of

the attesting witnesses on the back of a copy of his letter. This

copy, with the endorsement, was produced in court. The brown paper

which the prisoner had sworn formed the wrapper of the deed when he

received it, was proved to be the same in which Mr. Moring, the

engraver, had wrapped up a seal which he had sent to the prisoner--the

very seal in which the engraver had made the unlucky blunder. It was

also clearly proved that the parchment on which the forgery had been

written was prepared by a process which had only been discovered about

ten years, and chemical experts were decidedly of opinion that the ink

had received its antique appearance by artificial means, and that the

wax was undoubtedly modern. Various startling errors and discrepancies

were pointed out in the document itself, the most noteworthy being a

reference made to Sir Hugh's wife, as "the late Elizabeth Howell,"

whereas that lady was alive and in good health at the time the deed

was supposed to have been drawn up, and having been previously married

to Sir Hugh, was known as Lady Smyth up to her death in 1841, she

having survived her husband seventeen years.

The picture, which had been produced on the first trial as a portrait

of Sir Hugh, was proved beyond all doubt to be that of John Provis,

the eldest son of the carpenter; and the prisoner's sister, a married

woman named Mary Heath, on being placed in the witness-box, recognised

him at once as her youngest brother, Thomas Provis; and said she had

never heard of his being any other, although she knew that upon taking

up the trade of lecturing he had assumed the name of "Dr. Smyth."

Several persons, who were familiarly acquainted with the carpenter's

family, also recognised him as Tom Provis; and evidence was led to

identify him as a person who had kept a school at Ladymede, Bath, and

had been compelled to abscond for disgraceful conduct towards his

pupils. They, however, failed to do so very clearly; "whereon," says

the reporter, "the prisoner, with an air of great triumph, produced an

enormous pig-tail, which up to this moment had been kept concealed

under his coat, and turning round ostentatiously, displayed this

appendage to the court and jury, appealing to it as an irrefragable

proof of his aristocratic birth, and declaiming with solemn emphasis

that he was born with it. He added also that his son was born with one

six inches long." Cocks, the engraver, proved that he was employed by

the prisoner, in January, 1853, to engrave the inscriptions on the

rings, which the prisoner had selected on the supposition that they

were antique rings; but, in fact, they were modern antiques. Mr. Moring

also gave evidence as to the engraving of the fatal seal. On this

evidence Provis was found guilty, and was sentenced to twenty years'

transportation. He retained his composure to the last, and before his

trial assigned all his right, title, and interest in the Smyth estates

to his eldest son, lest they should become forfeited to the crown by

his conviction for felony.

His history was well known to the authorities, who were prepared to

prove, had it been necessary, that he had been convicted of

horse-stealing in 1811, and had been sentenced to death--a sentence

which was commuted; that he had married one of the servants of Sir

John Smyth, and had deserted her, and that he had fled from Bath to

escape the punishment of the vilest offences perpetrated during his

residence in the City of Springs. But it was needless to produce more

damning testimony than was brought forward. For twenty years the world

has heard nothing more of the sham Sir Richard Hugh Smyth.

Celebrated Claimants from Perkin Warbeck to Arthur Orton · 第 56 / 62 题