The Press. — London, England, 1858-07-24 00:00:00

mo tur ani evt pr( wa egt on en th , in ha Tni Li pl. th S 8 Sii ar St p 1 at vi of of tc o. tc Sf ri C 11 a E PRESS, ti ULY 24, 1858. ra mp Both were children at the time, and it turned out that they only saw the parties going to and returning from the church. Both proved, how ever, that they remembered seeing the marriage procession and partaking of the bridal cake. This was the case on which the defendant relied for establishing the fact of the marriage. The claimant, en the contrary, contended that the absence of any entry of the marriage in the register showed that the ceremony had never been performed, and that, i n fact, no marriage had taken place. The jury, however, without hesitation, thought that the marriage was proved, and found a verdict for the 4.2fendan ACTION FOR SLANDER.—ThiS case was tried at Lincoln on Wednesda. Mr. Macaulay, Q.C., Mr. Mellor, and Mr. W. H. y Adams were counael for the plaintiff, and Mr. Sergeant Hughes was retained for the defendant. Mr. Macaulay, who stated the case, said the plaintiff is a miller and corn merchant re siding at Bardney, and the. defendant is a land valuer, and a gentleman of considerable standing, living at Stainfield-hall, near Wragley. In April, I 55.0, the plaintiff and defendant were at a 'vestry meeting at Bardney, when the defendant, pointing to Mr Green, s aid—" You are a rogue ; you are a con a iarad felon. I know that you are a rogue. It was I who wrote to the inspector to come down attn . you." The plaintiff said—" You don't think so, Mr. Greetham ; if you did, I should take notice of it,' and lie allowed the matter to pass over. The defendant still continued to trade with the plaintiff, and they frequently conversed and wrote to one another. Some time ago the plaintiff had one weight out of some twenty-five found to be short to the extent of one quarter of an ounce in the half stone weight, which would, if it were always used in weighing flour, cheat the customer out of the twelfth part of a farthing, and for this he was fined 11. About February last the plaintiff took a part in defence of some relieving officer who was com plained against by the Vicar of Bardney, and the following board day at Lincoln Mr. Greetham ( the defendant), in the presence of the Hon. A. L. Mel ville and fourteen or fifteen other gentlemen, per sisted in making a statement then although not a guardian, and in making this statement he referred to the plaintiff, saying, "You do not know the character of that man as I do ; he is a bad man ; he is the pest of the parish; be is a dishonest man ; he is not to be believed upon his oath ; he is a convicted felon; he has robbed the poor." The defendant was asked to apologize, and in reply said that he had said no more than he could prove. The defendant placed upon the record, first, " not guilty," and secondly "justification," both of which pleas, however, were withdrawn, and the qaestion was merely one of assessment of damages. The Judge: If a man has done wrong there is but one way of getting out of it. I must say that it was a right course to withdraw the plea of justification ; this is to his credit. After a great deal of conversa tion, as to the terms of an apology, his lordship said that he would dictate one which Mr. Hayes was to object to, if his client could not accept it. The apology was a full retraction of the. charge of want of probity and honesty on the part of the plaintiff, and an expression of regret that the defendant should have used the expressions he did. This arrangement having been acquiesced in, the jury were discharged ; the defendant paying all costs in the case. THE " CHEM " OF HYSIEN.-011 Thursday last at Worship-street, Richard Walker, a smartly-dressed young fellow, described as a watchmaker in Wen lock-street, City-road, was charged with the following assaults :—The first complainant was Mrs. Maria Mills, a young married woman, considerably ad vanced in the family-way, who stated that, while in her garden at Dalston that afternoon, with her infant in her arms, she noticed the defendant in another garden, two doom off, flourishing a broom stick about over his head with such violence that it flew out of his hand, came over her wall, and very narrowly escaped her infant's head. She remon strated with him upon his foolish conduct, for which he abused her, and she went in-doors to stir the fire, when a loud knocking came at the door, and on her hurrying to open it, with the poker still in her band, the defendant abruptly demanded his broomstick, and tried to force his way past her to get into her garden. She endeavoured to preven t him, on which he wrenched the poker out of her hand, and struck her a blow on the arm with it, causing a contusion, which she now exhibited. Mrs. Amy Whitty, the wife of a dairyman living closely adjoining, said that she and her husband heard loud cries of " Murder " from Mrs. Mills, and, knowing her "interesting situation," ran to see what was the matter with her. They found her crying very bitterly, and accusing the defendant of having struck her on the arm with a poker. Whether the witness upbraided him or not she did not say, but the defendant immediately turned upon her, and knocked her down with such a violent blow in the face that her arm, on which she fell, was much injured, and she was stunned by the blow. The third com plainant was Mr. Whitty himself, who deposed that on getting to Mrs. Mills he found that lady in a fainting state, and the defendant engaged in " knock ing her about." Mrs. Whitty supported Mrs Mills in her arms, hut was at once knocked down by the defendant, wbo demanded to know what right be had to interfere. " The right that every man has," said the witness, "who hears a woman call' Murder' and Help,'" but the instant he had said so the defendant challenged him to fight, struck him and knocked him down, entirely spoiling his new hat, and might have resorted to further violence had not a constable fortunately come up at the moment and relieved them all by capturing him. A Mrs. Lucy Felsham gave just the same descrip tion of the outrages that the other witnesses had given, and complained of the broomstick having been also whirled into her garden before it entered that of Mrs. Mills. The case of the defendant, in support of which he called several witnesses, who seemed to feel a warm interest in what they evi dently considered' his misfortune, was, that he had only got married that morning, and on driving from the church with his bride and one of the brides maids, a pretty young woman named Hepbzibah Reynolds, they went to a friend's house for the marriage dinner, and some refreshment before it, and then all adjourned to the garden, where the defen • dant volunteered to exhibit his strength and prowess in twirling a good-sized broomstick. This he did successfully for some time, but it finally flew out of his hand into the garden of Mrs. Mills, at whose door he knocked, and civilly asked for its restoration ; Mrs. Mills, however, showed him a poker, and threat ened to use it if he did not instantly leave, upon which he gently took the poker from her and flung it away, and she immediately fell on the pavement, got up, and " fought like a man ;" but neither Mrs. Mills nor Mrs. Whitty was struck, and, though Mr. Whitty himself certainly was, that was another matter altogether, as the injury was inflicted in pure self-defence. "In feet," said the defendant, " I had enough to do to defend myself, for all three set upon me at once, and if Mrs. Mills's arm was injured, it was in twisting the poker away from her to save my self." The evidence for the defence almost proved too much, but it was altogether too conflicting, Mr. Hammitt said, for him to deal with, and he should therefore send the case before a jury, with liberty to the defendant to put in bail, himself in 401. and two sureties in 20/. each ; but, as the magistrate also required the usual twenty-four hours' notice, to make sure of the bails' solvency, the defendant, who looked petrified at the decision, was sent to pass his wedding night in the House of Detention. CURIOUS CASE.--COONBES AND HAYNES Y. Coons —This was a cause, in the Court of Probate, for. proving the validity of a will. Mr. Day appeared for the plaintiffs, and Mr. Norman for the de fendant. Mr. Day, in opening the case, said the declaration alleged that George Caines Coombes, on the 11th of January, 1854, made a will, to which the defendant pleaded it was not executed according to the provisions of the act. The testator was a cheesemonger, carrying on business in Cow Cross-street, Smithfield, and was married to the first-named plaintiff in 1836. The second named plaintiff was the deceased's nephew, and re sided with him for upwards of twelve years previous to his death. The defendant, John Langhorn Coombes, is a farmer, residing in Dorsetshire. The testator was a man of singularly close and penurious habits, and observed confidential relations only with his nephew, his wife being wholly unacquainted with his pecuniary affairs ; he was in the habit of speculating, and at his death was seised of a tolerable estate. About four years since the testator inquired of the plaintiff, Haynes, if he bad seen a paper (his will) lying about, and he said No, on which the testator said, " Then I suppose I must write out another." Some little time after Haynes saw him writing on the paper in court for which probate was asked, when the testator remarked it was a carious looking paper. Shortly before the testator's death, on the 29th January last, his nephew asked him if he wished to see his brother (the defendant) and settle his affairs. He replied no, his affairs were all settled, and his wife was provided for. Shortly after his death search was made for his will, and the piece of paper was found in a leather case in a box. The paper in question is a dirty, greasy portion of an Oxford,Worcester, and Wolverhampton dividend circular, in which company the testator had some shares. The document was in the testator's hand writing, and was dated 111th January, 1854. - - !It was signed by him, and attested by two witnesses, named West and Kemp. The plaintiff was in a pecu liar position with reference to the attestators of the will. He was unable to prove if they were dead, or that the signatures were in their handwriting, or who or what they were. The strictest search had been made for them, and advertisements inserted in the papers without success. West, one of the wit nesses, was believed to he a perso n who was inti mately acquainted with the testator. Ha was believed 717 to be a Latter-day Saint, and attended Mormon meetings, and that ho had left England for the Salt Lake, but no tidings could he obt a ined of him. Kemp was supposed to have been one of the testator's tenants at Somers-town, but could not be found. On making further search after the testator's death a paper was found, dated in 1849, with a similar disposition of the property, and a third paper, dated 1831, which was previous to his marriage, and consequently no mention was made of any wife. By the paper in question he provided for his wife (who was an elderly person) for her life, or so long as she re mained a widow ; a portion of the property was given to Haynes, the nephew ; and the freehold property in Dorset to the defendant. There were other legacies to other parties. Unless the plaintiff succeeded in proving the will in question, that of 1831 would stand good, and in that case the widow would be left penniless. The learned counsel then called witnesses in support of the above facts. Mr. George C. Haynes deposed that he was nephew of the deceased, who was a man of strange habits. He lived with his uncle about twelve years, and about four years previous to his death he asked witness if he had seen his will. He replied he bad not, on which deceased said, "Then I must write out another." Witness afterwards saw him writing the document in question, and deceased said, " I sup pose the gentlemen in Doctors' Commons will laugh to see such a document come in to be ad ministered to." Witness said he thought they would, and deceased remarked, "I dare say they have more curious documents than this come in occasionally." In January, 1857, when a bill was sent in for repairs to his property in Dorset, de ceased remarked what a curious document it was, and said, "My will is not so bad as that." Mr. Barrett, in the employ of Mr. Devismi, cheese monger, Sec., Newgate-street, deposed to the docu ment being in deceased's handwriting. He spoke of attempts having been made to discover information of the witnesses, but without effect, and referred to West having gone to America to join the Mormons. He said West wag a schoolmaster, and assisted in keeping Mr. Devismi's books, but witness could not speak to hia handwriting. The learned judge said that was important, and further in quirias must be made respecting it. Witness continued—He had been unable to procure any document in West's handwriting or his signature. A female, named Seppin, who was a niece of the deceased, had lived with him many years, and was to take an annuity of 2C2. a year under the will, said she knew West well, and recollected he and his wife leaving England to join the Mormons. After be bad been gone some time a letter was received by a relative, stating they could not get beyond New Orleans for want of means. Evidence having been given and a general character, and the steps that had been taken to discover the witnesses, the learned judge adjourned the case for the production of wit nesses from Mr. Devismi's to speak to West's hand writing. A Dertrtmos on the subject of the removal of the West Riding Assizes had an interview with the Lord President of the Council on Tuesday, at the Privy Council Office. The deputation consisted of Alder man Botterill of Leeds, Alderman Richard Wilson of Leeds, Councillor J. M. Barret of Leeds, Councillor B. Caries of Leeds, and Mr. John Arthur Ikin, town clerk of Leeds. The deputation was introduced by the Right Hon. M. T. Baines, M.P., and Mr. George Skirrow Beecroft, M.P. aailatg ji lake ad Cttg latetitgeatt. FAIDLY Evans°. THE return of the Bank of England for the week ending Wednesday last, the 21st inst., shows the following changes compared with that for the week preceding : Decrease in Circulation X221,078 Increase in Public Deposits Increase in Other Deposits Decrease in Private Securities 121,180 Increase in Bullion Increase in Rest 35,098 Increase in Reserve Bullion in both Departments Circulation, including Bank Post Bills The addition to the stock of Bullion shown by this com parison has arisen from the purchases made out of the large imports mentioned below, and the augmented Re serve is partially explained by the payments on public account—payments which confirm the official statements made in Parliament yesterday as to the satisfactory condi• tion of the public revenue. The Private Deposits have fallen to below fifteen and a half millions. This is a clear proof of the reduced demand for money at the Bank, I especially when taken in conjunction with the fact of an