Star. — London, England, 1816-07-25 00:00:00

NAYAL littILLICZNCE. ,MAILS TIM DAY, . ass. Aim Mts. Thigh - ° i ligs° o •- 0 co Waterford "" • ° Ca l s • 0 0 opetu ri and lofty 0 Bunh argb . . 0 .1 „_„ 0 . . 1 Oottenbures • . 0 wi su a . . I Brazils . 0 FALMOUTH, JULY 22. A rr ived the Lord Sidmooth packet, with a Mail f ro m the Brazils, in 45 days.—Wind W. to S. light bree zes, thick weather. • PLYMOUTH, JULY 23. Arrived the JUNOW frigate, from Jamaica and the liaraunah, 2f days from the latter place.—Wind W. poRTSPAOUTH, JULY 24. Art;vcd his Isiajesty's ship FOREMEN. from lA. vi eca, and the Victoria trimsport, from Gibraltar. !ed Lord. Exaaouru's squadron, consisting of the I.llowing ships, viz.: QUEEN CllAßLorric, MINDEN, rircLA, FURY. INFERNAL, CONDIELIA, BRITOMAaT t Bartz, CADMUS, Dovzit, Taming, and Jaszen. Also sailed his Majesty's ships Dzz, for Halifax ; and Pant/VINE for Plytuouth.—Wind 5.5. E. HARWICH, JULY 21. No arrivals. Sailed the Prince of Orange packet for. Holland, and the Auckland packet for Cux hon.—Wind W. DEAL, 1111,Y 24. Arrived and sailed for the River, the William and Altted, DItYIiDALE, from Antigua ; Simon Taylor, um, and Thetis, Savzit, from Jamaica; and die. Asp, KENNY, itolll the South Seas. Came down from the River, the Rebecca, BURNItY, 4or the South Seas; Perseverance, WARDEN, for Quebec; and the Cora, hl.Nurr, for St. Thomas's. The two latter have sailed with the whole of the outward•bound, wept the Rebecca. Remain also, the Victory, DRAITIIWAITE, from the Mediterranean ; and the Diligence and Swift Emit India pilot yachts.—Wind AV. tine weather. DOVER, JULY 24. Arrived this morning the Queen Charlotte, Capt. Trotaas. with passengers from Calais.—Sailed this day the Lord Duncan packet, Captain PASCOE, with mail and passengers, for Ostend; also the King Gorge packet, Captain KING, With a mail and pas sengtts for Calais.—Sailed also this day with passen gess for Calais, the Lady Jane James, Captain HAY. WAND; Dart, Captain WILK:NSON ; and Cumberland, Captain 13'n..v..—About 100 horses of the Royal Waggon Train embarked here this day on board of transports and pas.age.ves•cis, and sailed for Calais. CiRAVESEND, JULY 24. • Arrived hi; ship Va7iabtz, Sykes, from Jamaiea;. Norfolk, Sayer, troll: St. ; Active, Difd, from Afro; Eleanor, V. 16e, from. at. Luct...—zatled the C0nt...., Carm44, for Rotterdam : ktfe:or, :•;:alzo'..n for New York; Z.toobi.t, for Fort William ; Greeto.velf, ' Hutv, for r.logidure; Lana, ba thrtir, for Cork ; Dan Ale, Srephetf,utl, for kiamburgb ; Hercu lei,Russel, for ditto; Parry, for &soma ; Hare, Jarrow), for CUS lUM-HOUSE, JULY 244 _ iIIITIRICU 001 WAltDll.—.-I,hrtaias Norm, Bryant, for Jamaica; Marircum, l'atei buts for Annus%lam; Criterion, Avery, tor New York; Mai ciu•s oi st.:4;lces, Brown. tor ()staid ; Au. raga Frederica, Zaa.c., for Oen ore and fitoatick ;hue ar.4 Gamind, Sinailt s, for 14:ernen ; 011 Friored, tipaiscx, for I.ansa -144 ; 11,btore, tor-litediait and tie. take., • ) 3ww. vick ; Res hewn, Sin. :is, Or Christiana, Chi isriansasul, Dram, •• oci.berg, and A ; L.ri on, Rialards, for Antwerp; Susan, Ayles, and Stints, att , , tur liau.burg4; and Manning, Read, tor frits.e. JULY 24.—Thr Prietu! , ., F twards, for Ambterdarn ; A folphits, liens, to Cape of G wl kis pc ; Repot, S.eeens, far Jamaica ; I.phia, Schacht, for Ellts , ,re and Lubeck; Twee Gebroeders, ;Ilekoch, for Antwerp; Lachanst,Aabtou, for LarizarOtte; and fur paimeey;et a ugly, The Falun friga!e, in which Admiral P 1001022 was to have taken his passige for Newfoundland, has had all the seamen taken out and put on board the ships under Lord Exmous tr. Adniiral Picectioast therefore peoceeds to his Gavernment and command e.t that place, it is said, in the HYDRA troop ship. It is rather late in the season to sail to Ncwlouit.iland. - - - - - - About three o'clock, on the morning of Monday sAinight, a light sloop, with a fellow paint stroke; •wits observed two miles off Tow lsheiigh, near Stone haven, standing off on 11:e • starboard tack, under a 1 1 double reefed Lew mainsail and jib, and n Ale act of setting the fort:bait, immediately to upset. Three then,' one ui theta pai tly undressed, were seett'successively to get on the btuad side of the vessel, as she lay with the r igging and sails in the water, arid one of them repeatedly waved his hat, as a signal of their extreme distsess, to the sloop Delight, GEORGE MetiN, of Met.. deen, then within half a mile to wind ward ; a b u t, flour the strong viuth easterly wind and heavy sea, it was deemed impossible to render them any assistance, arid the vessel soon after disappeared, consigning the unfortunate sufferers to a watery grave. Part of the +vii:ck has hirer been cast ashote on ,the coast, near Etonehaven, and a boat mauled on the stern, .4 Queen Oltailotte, of Burntisland." Tuesday se'nnight a young man, of the name of Stewart, assistant to a drover, from 1.,‘ ernes's-shire, dropped down dead in Rickergate, Carlisle, and in stantly expited. kle had been slightly indisposed prey' ar : ly. .tiunday, as the daughter of Robert Hay, of Mor ton-squire, Berwick, a child of two years old, was playing near the fire, it unfortunately iante agait:st Ilia tea ke:tle, which was full of water, anJ was lite •lly scalded to death. iA !MET § THE ESSEX PEDESTRIAN'.—BARNET IS al vd.qs pursuing his undertaking of a mile and a half every tuccesstve hour, near the .Duke's Head, East !ism ; and continues extremely regular in his travels. This pedestrian tete daily increases in its interest, ::ad indeces numbers to resort to see Battxrr's per. lcrmarces : be is closely watched, and au additional r::::::her of perstins are appointed . over him during.the 'Tice facility with which he goes along iu his IA: et to mrpriAleled attempt is great ; and - having now accomplished the greater part ot-his task. his triads offer freely the odds in his final!T completing it. This morning he finished his 558th mile.. Animist: PXDli,TitlAtle —A man of the.naose of Batrstit, hostler at the Barley Mow. in Norwieh, undertook to walk 50 miles in 12 hours on Monday list, in Prussia Gardens, near that city. The.day poling 'cry fine, crowds wcie gathered to the spot to witt.ess this new Pedestiiiin, and annoy bets were node; when, to the astonishment of all present, he .voupleted his task in 11 hours and 10 minutes, hav kg,w.ilked 50t miles (to prevent future dispute) iu tlues sit.attcts of au hoar less time than 11 I LSON• dn• Alf L LICANdt, 'COURT OF RING'S Bh OH ; JULY 24. EXOCEDALZ AND WIIITE d. 111 LI ED SMITHS. AND itAITHMAN. Thig was an action on a Bill of Szehange for 4236 ss. of which the plaintiffs were indorsers, and the defendants acceptors. It was drawn by Jobn Jeremy, and dated the 15th of htarch, 1815, at sit mouths. Mr. Searmarr. for the plaintiffs, merely stated what appeared upon the face of the bill, and then called a Mr. Thomas Holbrook. who proved the hand-writing of the drawer; it was accepted by John Miles, for himself and partners, the other defendant,. The ATTONNEY-GENERAL; on the other side, said, the defence he had to make was contained in three syllables—nsury, which he should be able to prove in the most satistactorY =toner. The bill in ques tion was accepted " John Miles and Co." which firm consisted of John Miles, two person) of the name of Smith, and the son of a gentleman, no doubt well known to the Jury, who had long carried on the bu siness of a linen-draper, and had taken a very active part in the affairs of the city of 1...W0n. In order ta establish one of his sons iii the same trade in which he had acquired a considerable property, he had formed the partnership of which the present defen dants were composed; John Miles undertaking the . management, but producing no capital, while Mr. Waldman, sm. agreed to become answerable for bis in% at that time (January, 1813) under age.— At Christmas, 18,14, it appealed, according to the+ balance made cset by Miles, that each of the partners would divide a profit of 41090, but it soon turned out that this representation was most fallacious; that Miles had been guilty of great irregularities, in order to conceal which he had resoned to this expedient— 'he went to the drawer of the bill before the Court, 1 1 Mr. Jeremy, a retail linen-draper in Holborn. where 1 the shop of the defendants was also situate, in order to raise money upon the discount of bills which Miles accepted in the name of the firm; but Mr. Jeremy would not consent to this accommodation for nothing, but compelled Miles to take the amount in goods, at a great disadvantage, which Miles was afterwards obl , ged to sell at a still greater disadvantage in order to turn them into. money, of which he WAS in want t fur instance, in the transaction in question Mr. Je remy had bought '270 piece: of calico from Langton and Co. of Broad-street, at 28s. per piece, which he forced upon Miles at 355. per piece, and which Miles was under the "necessity of selling at 2.55. per I piece just after he had purchased there. These deal ings were of course kept secret ftom the rest of the defendants, and, they were carried on to an extent of .not less than 10.000 before the discovery was made, while Miles happened to be out of town. 4.1,A-emy, however, wit only derived this usuriJus interest in the way above stated, but it WAS !agreed between 14im And 1 1 .1:les that the bills given by .the latter should be renewed every two months in the same way, Miles buy n,; of Jeremy by new bills the goods which he was to sell to take up the old ; so that, in some c.ises I for every WlOO given by Jeremy in teal value, he Ireceived ftom Miles 4130. Thus not only fraud appeared is the original concoction of the bill, which woui4 not, the Learned Counsel admitted, defeat the claim of the plaintiffs, ' but its very foundatiun was in usury; and *then he sliould SU have proved, he should be entitled to the verdict._ _ Henry Miles, brother to John Miles, and clerk anal' shopman to the house of titles and Cu. was ! called to prove the writral nature of the . trails ictions I between Miles and Jeremy, and the origin of the bill in question. It WAS given, together with another for the same amount at seven months' date for 270 pieces of calico, value ezch a). but which Jeremy had sold to the brother of the witness for 355. The invoice or bill of parcels, which was sent in some time after• wards, stated those pieces ut calico at the price men. tioned to be the consideration for the bill in question. Jeremy and John Miles had frequent dealings in this way, whicli both endeavoured to conceal from the rest of the defendants. The witness several times re monstrated with Jzrerny upon the dearness of the goods, who replied, " do you think that I can lend your brother money for nothing e" On his cross examination I.c admitted that he had not been present , at the time the bill in question was given, nor when the agreement was made, but he knew the terms of it from his brother and from Jeremy. Tile bills which passed between John Miles and Jeremy were never sent to the shop of the defendants, lest they should be seen by the other partners. The calicoes given for the bill in question were white, and the wit ness afterwards sent a number of them to the pi inters. Mr. John Jeremy, of 305. Holborn, the drawer 41t the bill, was called, and underwent a long examina tion by bit ATTORNEY GENERAL, who endeavoured, with much patience, to extract from him the real nature of the transaction. Ile swore that he had done business with Thomas Smith, one of the defendants, before h:s partnership with the rest of the defendants afterwards he had been introduced to John Miles, as the manager of the concern, and with him he had dealt : had sold him, in the way of business, mus. lins, calicoes, and Irish linens, and once four watches and a seal, part of a quantity taken by the witness for a bad debt. Tor the latter he was paid by Miles's check upon himself personally; and for the former by hills open his house, accepted "John Miles and •Co." Miles had been in the habit of borrowing money of him, and of bringing bills to be discounted, for a Waite eithergave the witness 1.0. U.'s or checks. He had previously told Smith that Miles was con stantly coming to borrow money of him and the other neighbours, and once he had called upon Smith on the subject of a dishonoured bill. The witness had never asked Miles to buy a shilling's worth of goads, but he came to hit shop as a wholesale hOuse'l in the ordinary way of business. On the 6th of Much, nine days previous to the date of the bill in question, the witness purchased of Langton and Co. 500 pieces of calico, at 28s. in two parcels, one of 270 pieces, and the other of 230 pieces ; but he was sure that Miles had not taken any of these as a con. sideration for the bill. because whit he looked out were of different qualities, though all were charged is the invoice at a general price of 355. He could not assign airy reason why Miles took exactly the 270 pieces : lie it,anted them as he pleased from more OAR 1A:O. pieces in the warehouse ut the witness. AL that time no bills signed " John Miles and Co." were °yellow!, nor was this transaction to enable Miles to take up any cutatinding bills. He denied that lie 64 iief *64 to itinif Wei Eiti tote sahjeet pf th e dearness of the calicoes: Examined on the part of the plaintiffs, he said that the rest of, she paitners of John Miles must have been acquainted with his dealings with the Witness, as bills of parcel, were regularly sent in with the Igunds when they were sent home i but they slme. times remained at the warehunse of the witness mil 3 J. Miles and Co. wished them tb go to their printer's. I He was certain that Milts did not look out any of the pieces that cane from Langton's at 28s. ; and the witness had by him at the same time 200 pieces ' bought of a Mr. Voyd at 325. mid 70 pieces bought' of Langton at 38s. a piece. The Lransactina in ques. don had nothing to Jo with the discount of any bat, , nor at any time had Miles been charged a farthing more than other customers. He repeated that he could give no reason why Miles chose to have exactly 1270 pieces._ _ Several pieces of the calico in question, printed and plain, were produced, and identified by Henry Miles to be tt part of thube purchased of Jeremy by this ; and Mr. Evans, from L.lngton's house, swore tliat they were not worth more thau 28s. _ Henry Carrel proved, thst on the Ist tf April, 1815, he rock 100 pieces of calico from Jeremy% to be dyed, on account of John Miles and Co. Mr. Williams deposed, th it on the 14th of April he received from Jolla Miles and Co. 145 pieces of calico, which be bold nu the 4 h or May following for 2.55. per piece. „ *le bebeeed that' they . were of the same quality 411 rose produced and identified. MA SCA !mere observed upon this evidence at con tidexable It•ngth, pressing upon the Jury that his clients were bonajfds holders for a valuable considers. tion Unconnected with any. ofs these transactions. Lord ELLENWMOUGH, in charging '11.2 Jerry, re marked, that the mere circumstance of the high prier charged by Jeremy for the goods, would not of itself be sufficient to lead to an inference of usury : the question was, whether the evidence did not afford something more to chew that this sale was in truth only a colour for a loan for which Jeremy had ob tained, by circuitous means, more than legal interest ? His Lordship then detailed the testimony given, ob serviiig particularly upon the two circuinstancei—the first iu favour of the defence of usury, that Miles had so extraordinarily fixed upon 270 pieces of calico, when Langton had sent in the same .ti.intity a day or two befoul; and the second in favour of the plain ' tiffs, that if Miles's object were to raise money upon the goods, he had not done So immediately upon any pact of them, lint had SLIIt 100 pieces to the dyes 'l4 and 145 to Mr. Williams, which were not sold until the 4:11 of MA), more thous month after the date ut the hill. . Jury, after wshurt consultation, found a ver dict fur We plAintiff—llamages, with interest, ,Q'.3B 61 CIAIES V. THE SAME. Tliis was an acteuti upcm ~.her bill given for the sore, ttalis.sctioli, tt) tlli sevc a funiahst dale. The Al T , RNEf GENERAL, ill OT.L.T to save the titax of the C suit, propuseJ, that a, the Jut y ',AJAR been ta Court, ku,i put thew 11.1.1 sat upuo the hunter tridl, th.tt they bhotel,lpto,xett coosi:Jer t:tetr•verdtvt, or that the ti( les vt the Chid Jutiticc detakil«4l4o theta, it e•—..4::.r.Ary.. • SCAIILIETT expresit , l absettt tv this propos:a. One,of the Jury observed, that ihb the tamer Case the decision had been rn.iiniy g:tvezned bf the consi deration that the plaintiffs were bosafith holders ut the Lill, Although it WAS fhb ught that there had been col lusion between John Miles and Jeremy. • Lord LLLENB01401;611 observed, that if the Jury believed that the bill had been tounded on usuty, even a bona fide holder could nut maintain an action ulion it : to prove collusion, or even fraud, would nut be sufficient to defeat his claim. Another of the Jury added, that they had been of opinion that the bill WAS not lounded un au usurious transaction. •As some of the Jury wished to be satisfied upon the point at villa' time the bill came into the hands of the plaintiff in this case, who, it was admitted, was a bolus fFde liolder, a witacss was called who proved that it was received from Jeremy for a xalua ble consideration on the 12th of July subsequent to the (Lite. A verdict was then given fur the plaintiff—Da mages, witainttrest. 4213 19). Da Via v. NOA KC. The Plaintiff decl:tred in A special action on the case, to recover ct;rmiges against the Defendant for a ILIIiCIOU9 prosecution: it appeared that the Plaintiff had been Steward to the Defendant, nho was stated to be a Gentleman of considerably pt °petty, re►i.ling.chicfly at St►aresbruok. , The Plaintiff continued in the Defendant's' service for six or seven months, duritig 'tibia tone, besides having earned his wages, he hatl incutaul a large ex- Ipense in the management of De:tendant's establish• merit. The whole of his demand ler wages and dis bursements on account of the Defendant, was _up wards of Al5O, fur which he waspnder the necessity of arresting his employer. The,Defendaat highly resented this procebding as an insults and in order to revenge himrself, he applied, 'on the 23ct of January, at Wurship•street Police Office, and there laid an in formation against the Plaintiff for breaking open his escrutoire, and feloniou►ly stealing a valuable diamond ring, pins, a silver knife, silver box, anal various other valuable articles. A warrant bei►ig granted by the Magistrates, it was executed on the following day. the Defendant .accompanying the Officer to•Sa.wes. brook, where the Plaintiff usually resided, to take care that the duty was properly performed. The Plaintiff was accordingly apprehended, and brought in custody to Worship-street Office, where the De fendant was sworn, and called upon to sustain his charge. His owu evidence, however, turned oat to he totally ineffectual for that purpose, and having milled no other testimony, Sir W. PARSONS, the then acting Magistrate, dismissed the complaint, and dis. charged the prisoner. fair. TOPPING, as Comet for the plaintiff, stated•, that the object of his client was not to obtain viudtc five damages, although the defendant Mild very well afford to make i large compensation for the in jury he had combined, but to vindicatetis charac ter, whkh had materially suffered in the county of Esau, where he resided, in consequence of the publi cation of the proeeediagi of the Police Office in the newspapers: No jnstiheation was put upon the re cord, but the &lance intended to be set up was that oral ctetencisiit *al inkin4 arki ti Mo ir'' ew, he had bgen put into gonfinedient is a lunatie; 'FM ; however, mien if ttuti was 110 defence in lav e and the plaintiff would be entitled tti a just compensation in damages. John Arnistirong Ottani thd-eaectitio* or ihg tiat: rant, and the confinernent of the plaintiff in cunSe; quenee t!terent for about two hours. The ATTO l lNxv , GeNtsm., as Cotintel rot thci de. fendatit,' took an objection to the forMality of the pleadings, for, on comparing the tecord with the in: toimatinne.it apreired that the tormer averred that the plajotiff had been charged with felony, and that the latter sally alleged that he was charged on sespi: (ion of fel-by ; but Lord IF.t.tess ittotten over-rill:al the objection; say; inz that there was no sabsta..itial Gi it tence, inasmuch 13 CIO man b,it the ert•w:zness the fact cut!!4: poti. tively charge anialirr' with felvny. Sir WILLIA3 the Magistrate, heitiK exa mined, slated, that tire. accus:ition made by the De fenclaut againit the Plaintiff, on the :Nth of .1 inn ltye wasanost vxtriordinary. Tile I hilenclant .:11-wed tw o months to paiF. over his head, h..lore he psi:fated iti and aifir.i: Led Ow 11.• was induced -n rirke the charge, because ti:e Plaintiff hal arre-Aed I,im for %vita the Plallid said he had spent in zhe entcr tainment of lathes of easy virtt:e, brought down by the D.Sendant to Snaresbrooke. Oa his ciiiss.exa , mination, wiiness said the Detendant conducted hiln4 reit in a very strange manner at the Office, and told a aiost inconsistent story, but he could not state that h e was ::b.oltrely a:A C???.1r4: 7.•4en:Lf. The ATTOHNI? . iil an ingeninns speech to the Jury, cwitended that thn derendatit was of un sound mind, and argued Upon the improbability of i bis making :m it a charge ag4inst the plaintiff it he wan realty rai.e. _ _ Lord ht.T.ENtrottomi 11:1d, that evcn stippasing the defendaut to b: in!:are, yet he was liable tor the injury he 114 d done, to thz The Jury asked, whether the defendint still held the place under Gusset-Lunen , . which he was stated td have posseswd ? The Arroustm CNN Enat, answered, that his client at prts:ut hunshially held the vifi:e of land-waiter at the Customs House, but had not lately executed the duties of it, and that he was by no means in al condi• ,tion to pay Leavy d eni 170 s. The Jury, under Lord Etaanationovcri's directions, found a verdict for the pl4intiti—D.tmageli A7O. orsoLvsyr DEBTORS' comer. KIBRUAN AND OT/5R3 se JAMES ISIOORE YOUNG. lat this case the plaintiffs were the executors of the creditors of the defendant, a Captain on half pay in the gilt Foot, who had been remanded on the ground of an impettect schedule. Mr. rowan:, on the part of the executors, exa, mined the instiv,nt, ski.l he was willing to give up evriy fling to the credit;4s. Ills wife was then_itt the enjoyment of au aneiiiity of if:1000, which was settled upn her for her sole use. For the last four• teen years he had had no C:trtiagn of his own, but !...i jobbNl a carriage :ince t.;ltistmas. lie had made an eschange from the 3.i Garrison Bat:alian to the gtit Fo:it, but had not received, nor did he exile& to receive any considriatilit for it. at the time of his going to prison his wile had no jewels in her posses - On the 19th of .1 , 117, aq.3, the furniture of: tt house belonging to the ii.lolemt hlif been sold for WOO and upwards, but ail the Money hdd been tab pended previtius to his reimprisontnent.• • Mx. HIATU, tut the deft r.datit, rnaintained that no case of collusion had been ma.te out. The fact was, that this gentleman had tinfortunateir beecine surety for two aii.euities io the amount of 01000, ivhich sum formed the greatest part of this debt, and there was very httle nude than ,C5O of tteht incurred on the pat of the defendant Ithoself.—Dischargel Slit LDWIN LANDS v. BIMINI. The defendant Wilfi 1111$ dAy called up, having been previously remanded in consequence ot a detect id his schedule. Mr. Pou.ocK opposed this discharge on the ground of concealment ; on the examination of tot: insol+ vent, it arpeatcti thAt he had paid over to his lather. in-law it bill due to himself, to the amount of hetweett Je3o and X 4.0 for some cows, t►hich bill he had en• dorbed snbsequent to Li; artest. 13eing cross-examined by Mr HEAT'', it was proved that the ptcsent damning creditor, Sir Edwin bands. was the lindiord to the detrisd.tut, An,: had dhtrained for tent both in 'Bl4 and 1:415. In the Later year all the stock on tis taint w ts sold, and XI7 was ►till leti due to the 14ndlotd. twit being thus en• titely stripped. be lied been assisted by his triendsa and pat ticulatly by his tathrr•iu-taw, with &me CON And implements to cultivate the land. In July last, Sir Edwin Sands scut a bill to his tenant to the 4RlOuut to Le accepted by him, not only ins eluding the &V yet': emsi.iing due, but also calcu lating for rent due up to the Michaelmas following. In consequence of being threatened, he did . accept the bill ; but before it beedme due, and without know. ing whether it would or would not be paid, Sit Ed. win Sends distrained for the rent again, and the de. 'lend:sues hopes were totally disappointed. He was then arrested and imprisoned. Fsrming business was, during the whole of this period, su bad, that he had lost nearly str2ooo. Under these circumstances the defendant was discharged. PREROGATIVE COURT, JULY 24. RabwN W. COLLINS. This was a cause respecting the last will of lArt. Ann Smith, late of Walcot-place, Lambeth, who died May, 1815, at the age of EIS. It appeared, that on the 17th of July. 1407, the deceased executed a will, by which she bequeathed the bulk of her property to her only sister, who died in 1810. That on the 20th of September, 1810, the deceased executed a codicil, by which she bequeathed the property which she had previously given to ber sister to the children of bet law sister; omfatter executing this codicil, she went to reside with ber niece, Mit. Ruth Woodw.ird, at Walcut-place, where she executed another instrument, which .bore date the 14t1i of October,.lBl4, by which she gave her money in the stocks, furniture, iftc. to Mrs. Ruth Woodvhird. This was the instrument Ito* ptopounded. Oa the part of the opposers of thip latter instrument it was contended, that at the time the deceased executed the same. she Witt totally incapable of forming any testamentary act. S r Jouw , Nuntol., however, WWI clearly of opinion, that the evi. dente produced fully established we deceased's caps. city. and accordingly pronounced fur the validity of the latter Warms* 7