The Press. — London, England, 1856-07-05 00:00:00

lt(I stances of the case, preceding his judgment by stating that Mr. Dyce Sombre died on July 1, 1851. On June 25, 1849, he executed a will, and on August 13; in the same year, a codicil. The will and codicil were propounded by Mr. Prinsep, one of the executors t ierein named. After proceedings of almost unex ampled length in the Prerogative Court of Canter bury, the learned judge of that court, on the 28th of January last, delivered judgment against the will and codicil; and, on the ground that the deceased was not of sound mind when he executed the same, h 3 albo condemned Mr. Prinsep, the executor, and tie East India Company, who had made common cause with him, in all the costs occasione , l by this litigation. From this decree an appeal was pro vented, and their lordships were now called upon to determine whether the judgment of the court below was well founded or not; or, in other words, whether tie deceased was of sound mind at the times of the execution of the will and codicil. The learned judge delivered the judgment of the court in favour of the insanity of Mr. Dyce Sombre : We ere of opinion that when Mr. Dyce Sombre executed this will, and when he executed the codicil, he was of un sound mind, and, consequently, that the acts so done by him were null and void; therefore we shall advise her Majesty to affirm the judgment of the learned judge of the Prerogative Court pronouncing against the validity of these i lls usimegts.. There remains, however, another question of i great : impqrtance with respect to the costs of the suit. The learned judge in the court below has ordered the costs of the edit to be paid by Mr. Prinsep and the East India Company. Who have propounded or supported the will and oodioil. The first question upon this subject is whether, under the circumstances known to the appellants at the time when the testamentary instruments were propounded, it was tit that their validity should be submitted to legal investigation and decision, and, if so, whether there is any thing in the conduct of these parties, either before the institution of this suit or in its management since, which ought to subject them to the penalty of coats. With respect to costs Dr. Lushington gave as the opinion of the court that the judgment of the court below, so far as it awarded costs against Mr. Prinsep and the East India Company, could not be main tained:— Upon the whole, therefore, we have decided humbly to advise her Majesty to vary the decree below with respect to costs; to give no costs against the appellants, but to allow them out of the estate one set of costs only between Mr. Prinsep and the East India Company, including the costs of this appeal. With respect to the respondents, they will each have their own costs out of their share of the property. THE MANAGER OF THE PAVILION HOTEL AT FOLKESTONE, Augustus Hastier, was brought up on Friday last before the mayor and magistrates charged with absconding on the previous Wednesday with about 1,500/. in notes, the property of M. de la Motte, a french gentleman. M. de la Motte, who appetirt, to . be in the habit of carrying enormous sums ofinioney about with him, came to the hotel on the ,Setiday, with some 16,0001., more or less, in til O'd gold in his possession. Not liking to kee ge'iruch money in his room at night, he handed i of the landlord and manager. he visited Dover, and on his Hastier had left thel hotel for la Motte became anxious, and to be made for the bag put in 4t landlord. After some time let? In a cupboard, cut open. and straettd. Thc' prisoner was after at Dover. M. de la Motte recognised (Ound on Hastier's person. There was and he was fully committed for trial. - SOME PARTICULARS CONNECTED WITH PALMER have mezed out this week. The Rev. Mr. Good etre, chaplain of the prison, last week presented to the visiting magistrates a report respecting his interview Trial the late convict. The report is made up. of. extracts from the diary of the reverend gentleman, and it states that on the Thursday morning previous to his execution, Palmer ap peared much depressed. Mr. Goodacre gave hi ILI the best advice he could, showing the distinc Con between private sins and public crimes, and pointed out that the latter demanded a confession before man. Palmer seemed to feel the force of the ehaplam's remarks, and made use of the re markable 'words :—"IF it is necessary for my soul's sake to confess this murder, I ought also to confess tile others," adding, after a short pause, "I mean my wife and my brother." He then threw himself on the pallet in the cell, and buried his face in the clothes. The chaplain proceeded to ask him whether he woe ettlim oft the murder of his wife or brother, but Ifirrheictriadi no reply. Shortly after wards he observed to the chaplain that he must not btit L take adveatafe ? what he (Palmer) had said, for he titul Oath r eiii d bt admitted his guilt. An applica eoii.tviq iii . outirthe Chaplain for permission ~ .iibliete t '6% 1 004* sotne of the extracts. In -..fittiOn wfthtteo - 40ti - another case of suspected griming irns' "Welt iddeed up against him. The story is much the same as all the others. A turf man, named Morrow, meets with great success, is it over to the care On the 'Wednesday return found that London. M. de r quested a searc h 13 ., Fb4rga by qotes absti m i #TAled at d Do ni,44n9trignlieo, PP', T H E last seen in perfect health with Palmer on a Satur. day, is taken ill that night, dies suddenly, and is buried on the Monday before his friends have time to arrive. On their endeavouring to ascertain the position of his affairs, no satisfactory conclusion could be arrived at, as his betting book, papers, and the money he was supposed to have been possessed of, had unaccountaJly disappeared. THE LUNATIC ASYLUM SHOWER BATH CASE Was again brought before Mr. Henry at Bow-street on Monday, when the whole case was heard, and Mr. Snapp, the resident medical surgeon of the lunatic asylum at Wandsworth, fully committed for trial for causing the death of the patient Do:ley. The facts detailed were precisely similar to those stated in THE PRESS of the 21st ult. Dr. H. W. Dimond deposed to the fact of Dolley's death. Knew a patient named Daniel Dolley. He was not exactly a violent, but an excited and foolish patient. His health was very good : Witness first heard of his death on the 9th of April, from Mr. Snape, the defendant, who came to the surgery and informed him of the occurence. About au hour previously Mr. Snape had asked witness to do duty far him fur the day, as he wanted to go to the Crystal Palace, and con sequently when witness saw him he asked how it was he had not gone. The defendant replied, I have had a very unpleasant occurence. Polley was very excited, and came behind me and struck me a blow." Witness said, " Did he hurt yon?" Mr. Snipe said, "It was a good sharp blow. I ordered him a half hour shower.bath. He came out not much the worse for it, hut he died directly after." Witness said, " Did he die directly?" He replied, "He had put on his stockings and partly dressed himself." Wit. ness said, "How came you to give him a shower•bath of such long duration?" Mr. Snape answered, " I never did so before. I was never struck before by a patient." Some conversation took place on the subject, and witness said, " If you could avoid a coroner's inquest it would be desirable, for it would be an unpleasant business. Under any circumstances, you must write to the chairman, and treat it as a case of sudden death," meaning the chairman of the visiting justices, it being usual to apprise them of all sudden deaths. Witness said, "In all pro- bability the man died of disease of the heart." Mr. Swipe made no reply. Witness did not know at this time that Dolley had been placed in the narrow shower bath. The others are milder. Something was said about a post mortem examination, but witness could not remember who commenced the conversation. Witness agreed to be present if one took place. At the post-mortem examination on the 10th, said the witness : The body was lying on the table, and I saw that the head and chest had been opened. Mr. Snape remarked that Sandy (one of the attendants at the dead-house) had done more than he was told to do. It was no part of Sandy's duty to open any part of the body, although Mr. Snape said he had frequently done so before. I had made an observation about the head being opened, seeing that a portion of fluid had drained out of it. My son proceeded ' with the examination. I saw nothing in the state of the brain to account for death. The spinal cord was examined and looked healthy. The chest had been opened pre viously, but no part of its contents had been removed. My son cut through the pericardium, upon which Mr. Snape said, " There is evident disease of the heart." I said that I saw none. He replied "It is larger than it ought to be." I said, for a man of his years, it was much what I should have expected to see. There was nothing in the condition of the heart to denote disease. There was nothing unusual in any other part of the body. Mr. Snape left the dead-house with me. He said, "I suppose we may safely say that the man died of disease of the heart." I replied " In my opinion, there was nothing there to shorten a man's life." This took place the day after Dolley's death (the 10th of April ), and the inquest was held on the following Shtnrday, the 12th. On that day Mr. Snape came to me. He said the inquest was about to take place that afternoon—l cannot remember his exact words, but he said something about the heart, and ex• pressed a wish that. I should attend the inquest. I said, " Now, do you not think that if the man had not had the shower-bath, and emetic afterwards, he would be alive now ? " He replied, " I cannot say that." I said, " That is my belief," and we parted. I did not go the inquest. In reply to Mr. Bodkin witness said," I attribute the death of Dolley to the treatment he received on the day of his death—to the shower bath and emetic," Dr. Elliotson, who was examined, gave it also as his opinion that the bath and emetic killed Dolley. Mr. Paget and Mr. Hancock, both eminent surgeons, had examined the heart, but could find no trace of disease in it. The prisoner reserved his defence, but was admitted to bail in two sureties of 1001. each. A TRADESMAN, at Bolton-le Moors, has been poisoned by his wife. The man (McMullen, a flour dealer), was taken ill ten days ago, and died on Wed nesday. The medical attendants suspected poison. The wife was arrested, and admitted that she had given her husband a dose of a powder called " quietness," sold by a neighbouring chemist, and warranted to cure husbands of vicious habits. The powder contained five grains of tartarised t nti nony and fifteen of cream of tartar. The cbemi t a limits the sale. A joint life policy of 1001. is said to have been lately effected by McMullen. MR. GRAHAM, SOD of Sir James Graham, was stopped by a Windsor policeman, last Satur day evening, on Windsor. bride, charged with ' uttering counterfeit coin, knocked down, knelt upon, and subjected to having the policeman's fingers thrust half way down his throat, on suspicion of swallowing sixpences. The case, of course, was one of mistaken identity, and, when brought before the magistrates on Thursday, the policeman was only fined 1/. 'Ts. 6d., Mr. Graham kindly interceding for the man on account of his family. LORD REDESDILE'S STEWARD, • Mr. C. Hunt, poisoned himself with a dose of prussic acid, on Thursday, at Evesham, Worcester. A CRUEL MURDER was committed by a miler, Phipson, at Lyewash, Worcestershire, last Friday. During work-time Phipson drank some water b - longing to the woman Elizabeth Millward, Ship threw at him a handful of coals, whereupon he are! from the furnace a piece of redhot iron, and thrust it through her side. The poor woman fell and died almost immediately. • Jons Wrixsos, the prisoner in the ClerkenweV House of Correction who lately stabbed one of the wrrders, has been committed fur trial. A MURDER BY TWO BROTHERS, ANDREW *ND JAMES BRACKEN, was committed at Manchester ot; Saturday night. The two prisoners cried out, "We are two brothers, who will fac'e u- .; tall in came up, and they knocked him down. He got up an went into the middle of the street. They fol!owe . him, and knocked him down again. When be wa s down the prisoner Andrew kicked him on the head, and blood came out of both ears. The injured max never spoke a word, and died about half-past eleven o'eiuek that night. Committed. ;77 (011ituarl THE EARL OF CORK Sunday evening last at in his eighty-ninth yr the time of his death, in the army, and, we ceptions, the oldest He was also the senior Patrick. Though he 1785, his lordship does service until 1793, when was present at the sieges kirk, and formed one of ' former place. In 1794 sent out under Lord 7" of Alost, and made a Bergen-op Zoom. In Colonel in the 11th or of Foot. He served 1799, subsequently the East under Sir the Ist Battalion of and was present at lastly in the sevetal under the late General ward of Alexandria, never actively employed, 'timid in the south - strange to think that the death of one whL before the Peninsula actually incapacitated from serving in that took an active part ;- tented himself with measures during the I, that he occupied a seat . right of his English title of Lord Boyle of ?derston. in the county of Somerset. He is succeeded in hy title and estates by Viscount Dungarvan, M.P. for Frame. VICE •ADMIRAL WARD died on the 26th ult., aged seventy four. This gallant officer entered the navy is 1793, and was present in severd actions in the We* Indies; in the actions off the Ile de Groix and Cape St. Vincent, in 1797 ; at the cutting out of three French men-of-war from Tunis Bay; and at the blockade and bombardment of Cadiz; in 1803, at the taking of Aux Cases and Cape Francois, St. Do. mingo, and at the capture, in 1804-5, of Le Terreur, French cutter; and of the Spanish ships of war, Diligentia and Orquigo, besides several other gallant actions. In 1810 he retired on half pay, and w never again employed. Admiral Ward was one the first projectors of the South• Western Ilailwa and also of the construction of Southampton Dock CHARLES YOUNG, the weir-known actor of the Be ble and Siddone period, and whose reputation rivalled, died last Sunday at Brighton. Mr. Yo had for many years retired from the stage. THE COUNTESS OF ST. GERMANS died unex pectedly on Wednesday, a her residence in Dover street, after a month's illness. --- RE AND ORRERY, K.P., died on at his house in Hamilton-place, year. The noble deceased, at i, was the senior general officer believe, with but one or two ex- member of the House of Peers: ior Knight of the Order of St; a entered the army in August, )es not appear to have seen active hen he served in Flanders, and ieges of Valenciennes and DIM, a of those who took part in the 94 he accompanied the expedition Moira, was present at. the hattl i prisoner at the capitulation of In 1795 he became Lieutenant. or North Devonshire Regimen I with the Guards in Holland i accompanied the expedition t Ralph Abercromby, commanded ' the Guards in Egypt in 1604 the taking of Alexandria, and al engagements with the army nral Sir Eyre Coote, to the weric a, for since that time he wan yed, except in a subsequent Qom: i of Ireland. It is not a little it we have only now to chroniqle io was a general officer some tim ular war broke out, and who w ed by his rank as a field °file let war. The late peer nevet in the political world, but cotlo giving a silent support to liberal e long period of fifty eight yeart ;eat in the House of Lords in