The Express.
London, England, 1852-04-29 00:00:00

[By ilesizie Totempi.)

BETTING AT FIVE O'CLOCK.
ONE THOUSAND GUINEAS 'TARES.
4 tot apt katsitLum I6to 1 opt hobo
4 to 1 bay
COY CUP.
13 to 2 apt Mks 34 to 1 apt Truth (t)
30 to 1 Hem Hoolows
DELT.
2$ to 1 apt Wag of Tivasp 163 to 1 apt Hamel:cured (t)
60 to 1 Amps

BETTING AT MANCHESTER—TweeDAY.
CHESTER. CUP.
ato I apt Wham (t) lOW to 10 apt Harp
SO to I Merry OW (t) IWO to I. Ratter (t)
SOS to 1 lady Evetyn (t 1000 to 19 Tottne Haw-
treaty) thorn (1)
D T.
11 to I yet Hobble HAW (t) I lib 1 net Combust. (t)
Nothing sloe hocked.

ACCIFTANORS FOR

SPRING MEETING.
Strproic STAMM.

. at. lb. Ago. ot.lb.
Knock Kn 011.... 4Age 8
7 Ureengsgo S 7 5
Bt. Antonio .... a 8 6 Sutler
Topliana a 8 0 Maria 3 810
Haying'
hosslie 4 712 Hugo
3 710 8 610
nO Whoa 0 wallti4 mulla
pordos. si beina 7st 61b, it was rabid
IS Mt ant tlie OMB la pe

Raba iinttlitgence.

EQUITY COURTS--YErrzaDAT.
Chou TICS aromas KINDISOLIT.
IN li TIM BUTTON ♦xu DINILNANTON CHMLITY.---

SCHIHE YON TIM MANAOIMINT OP A SCHOOL.

A scheme had been settled by the Master in this ease for
the management of a school instituted under the Button and
Muckmanton Charity, and • clause had been ioaerted to
the effect that if any one of the trustees should ewe to
be such trustee his estate in the charity should divest the
scheme being brought before the Vice-Chancellor for the
sanction of the court.
Ilia Honour said this was the first time he had seen such
a clause as the above inserted in • charity scheme, and he
doubted whether he could sanction it.
Mr. Follett and Kr. James, who appeared as counsel in
the case, said that a clause similar to this had been intro-
duced lately into many schemes as a convenient mode of
saving expense. It was the same u the shifting use in a
settlement, and would obviate the necessity of a conveyance
upon the retirement of any of the trustees.
The Vice-Chancellor said it was evidently a very conve-
nient course to adopt, and he could sea no objection to it in
law, but ho thought that a clause should be ad6d providing
for the vesting in a new trustee of such estate as should be
divested from the previous trustee.

COURT OF QUEEN'S BENCH.—TurresDAT.
lemma lx BAsco.—Bows Loin Car►YLL, YR. Jtwncg Wien/-
UAL AND r■. JIMICS VAL..
IhrelNibil OF THR COURT:

At the sittingViiircourtLord Campbell said that as
soon as the eases in the mown paper were disposed of, the
court would proceed with the new-trial paper. It must be
understood that this was a general direction for the infor-
minas of the bar throughout the term. As soon as the
regular paper of the day was exhausted, the court would
to on with the new-trial _ paper.
THE Queue O. TEE MAYOR AND TOWN•COUNCIL OF
ASSION-VIIDIEVLYIII.—QOYSTION OF RATIN() UNDER.
THe (ANIBAL Towns' IMPILOVEMINT ACT.

This was an appeal 'panel a highway-rato made by the
Town-Conailet the batenmh of Ashton-wader-Lyne. The
town reesiMed of Mi dlOriens, and the rate had been
assessed ozoielhoty ups taw old town, being one of those
dividers. The ow railed two questions, via., whether the
tOWIMIPOSOiI had the power of acting as surveyors of high-
ways. at all, and also whether they had the power to assess
the rate upon one district of the borough exclusively. The
special act (12 and 13 Vic., cap. 35) appointed the town-
council surveyors of highways within the limits prescribed
by the act.
Mr. Cowling having been heard in support of the rate,
and Mr. H. Hill against it,
Lord Campbell said he was clearly of opinion that the
rata could not be supported ; not, however, on the ground
that there could only be one highway rate within the
borough, which was to be applied to all purposes of the re-
-1 the rural and urban ways in the district ; but on the
ground that, looking at the special and the general acts, it
appeared to him that the legislature had enacted that in the
borough in question there should be two general rates ex-
tending over the whole borough, one foe the repair of the
urban ways or street', and the other for the roads in the
rural part of the district. Justice would, then, require
that the urban parts should contribute to the repair of the
rural parts; and he thought that was the fair construction
of the 411th section of the General Towns Improvement Act
(10 &II Vict., cap. 31). If the act did not confer such
power on the town council in express terms, it did so by
Implication. All the sections of the act seemed reconcilable
with this conclusion, that there were to be two rate., one
for the urban ways, and the other for the rural way.; and
all the property in the borough was to contribute to those
two rates.—The other judges concurred.
Judgment for the appellants.

PREROGATIVE COURT.—YESTERDAY.
Bayou Rsa NNW DOOl6ll.

DROWN 110.1INST-CTILITII;;: ANDGRARAM ANL, AUSTIN

AND OTlitiUl.

This was a mum or basins of granting probate to the
last will bearing date the 12th June, 1849, of William Gra-
ham, lute of Grease-street, Hampstead-road, deceased, ori-
ginally promoted by Henry Brown, one of the executors
named therein, and now promoted by Henry Austin, a
legatee named in the will, against Robert Hay Graham, the
brother, and one of the next of kin of the deceased, and I
also one of the executors named in the said will. From the
allegations given in propounding the instrument, it ap-
peered the deceased, who formerly held a commission in the
East India Company's military service, died on the fled
Jane, 1849, aged 66, a widower, without child or parent,
leaving a brother, his only next of kin, and possessed of
personalty, consisting principally of East India stock and
railway shares, amounting in value to 4,6001. It alleged that
after his return from India, in 1829, he formed a connexion
with a person named Mary Gear, who was the object of
hie bounty under the will In dispute, and that in couse-
queues of such acquaintance, and by reason of his having
adepts& many Eastern habits, he lived very retired and
mined little in society, but that he constantly attended
easeffinge M the East India House, and in 1847 actively as-
shied in the election f Mr. George Thompson
for the Tower Hamlets; that the deceased never bad any
friendly intercourse with his brother, Dr. Graham, since
Me death of their father ; but that lfter the execution of
U. r before the court, the testator being at the tints
pgWalsrly shrewd in business affairs, made Dr. Graham
Mpainted with such execution, end also the contents et
the instrument, upon which occasion that gentleman
endeneesred, without success, to make him alter
or Mae it; and that upon many subsequent Geer
signs the testator spoke of the instrument, saying.
he had Mad, his will providing for Mary Gear and bra
pelber, and therefore telt easy in his mind. It pleaded
that at the time et the mention the deceased was of sowed
egli dilislijanird4=Blllll9 dundertaking any matter of
W iese lei judgment, and redder
Lion. In appellee le theileums[ it was asserted the
testator bun= ietrall in the wilt of April, 1849, and
from that time down to his dealt seelesed to be very
weak and excitable, labouring under a PPM* discus of
the brain, which made his ap mensems, sad len-
= sad wild, frequently W Menelf for
sari
is a rambling manner, wsedeeks from
ass te another without any ommules ; at times
saying was eastresy to his religions principles to take
food, sad he knew he should never die. It was pleaded
that hem the haw part of May, 1849, down to his death,
he was Pupa* Mien any rational act, but that while
of monad mind he always expressed put regard and affec-
tion for his Wean, and during his last illness, very shortly
before his death, sent for hiss sad expensed much pleasure
and gratitude at his brother's coming.
The Queen's Advocate appeared In support of the will,
and contended it was a perfectly rational and reasonable
one; the only difficulty in the can arising from
the peculiarity of the residuary clause, which difficulty,
however, was overcome by the special circumstances
pleaded, and, above all, by the fact of Dr. Graham having
treated his brother as perfectly sane, even after the date of
this will, by trying to induce him to alter it. Only two
witnesses had been produced in opposition to tke in-
strument—one, a medical man, who saw the testator
just for two minutes ; the other a surgeon, whose
testimony, he submitted, was completely met and disposed
of by the other medical evidence in the suit. The homed
advocate trusted the court would pronounce for the will
and give his parties their costs; excluding Dr. Graham
from his costs, since he had litigated the matter with his
eyes open to the insufficiency of his use.
The residuary clause in the will left the residue of the
testator's property to be divided among the poet inhabitant.
of Constantinople, where he directed that a ce
should be erected to his memory, in which a light war to
kept constantly burning.
Dr. Jenner and Dr. Twin appeared for Dr. Graham, who
took no interest under the will in question, and inboard
the court must pronounce against its validity. Thsueigenid
be no doubt that the deceased wu &person of veryelleemtrie
character at the latter part of his life, and what wee spoken
to by the witnesses plainly showed him to have tees la an
unsound state of mind at the time he made this will. It
had been admitted there were some difficulties with respect
to the residuary clause, but, they submitted, neither what
were called eccentric habits, nor the residuary clause itself,
were to be accounted for by the eastern habits of the de•
ceased.—The learned Judge reserved judgment.

INSOLVENT DEBTORS' COURT-YEBTERDAT.

Hsrurs t.

IN VIZ MAITiIt.4WRICII7BDi.iOIIIIBPWILLPOI7II.
This insolvent, who had been serjeant at mace to the
City of London for a number of years, applied to be dis-
charged under the act. Mr. Cooke supported.
It appeared that the insolvent attributed his appearance
in this court to the County Courts, and to not being paid
the sums owing to him by a number of solicitors.
Mr. Commissioner Phillips asked him why he did not get
in the debts owing to him, seeing that he alleged his in-
solvency was owing to the County Courts. It would seem
that the profession was in a very bad condition.
The insolvent said that if in had sued the parties he
would have lost their custom. He had applied for the
mon
It y
e.
was stated that there was • suit in Chancery, which
was expected to be settled, and • sum received for the
creditors.
Mr. Commissioner Phillips asked in what "generation "
the money would be paid.
Mr. Cooke was happy to say that the Court of Chancery
was getting healthy, as was stated the other day by • Lord
Chief Justice, from the fact that an appeal was heard in
four years from the filing of the bill.
Mr. Commissioner Phillips—That I. what they call "ex-
pedition." (A laugh.) His honour had great hopes that
the present Lord Chancellor would do a great deal to
benefit the Court of Chancery and the public.
The insolvent was discharged.

MIDDLESEX SESSIONS.—YanzaDAT.
B.rOßi SEMANT ADI,III. AIMITANT AM.. AT GLILIMALL.

Itsehard Ambler, a well•dremed young man, stated to he
a surgeon, surrendered to take his trial on an indictment
in which he is charged with having committed an assault,
with a felonious intent, on a young woman, under circum•
stances which have been recently before the public.
Mr. Parry was instructed for the prosecution; and Mr.
Claikson, Mr. Ballantine, and another learned gentleman
for the defendant. . _ _

An applied's& WU etais Ay the postponement of the
trial, which, according le the minim of the court, wee
granted, the islicameat Mufti bees found at the present
session. It WM AN M the lab of Kay.
1 he deferhat wraeoseadtted to mismdy, the parties who
had bees kb beg declining to Maur farther responsibility
haring beeembe him itito court.
The Come said the defendant might pat in eau, himself
In NW. width., motto of 100 b hi 24 bowl' Niko
nut be ilea"

THB POLICE COURTS
MANSION-HOUSE.

/Amid Bernstein wu charged with having robbed his
employers, Messrs. Isaacs and Co., of Houndtditch, of
twenty-two coats.
The prisoner, who is a foreigner, was employed as a
cutter by the prosecutors. A clothes dealer, named John
limes, raiding at No. 319, Strand, bad purchased the
twenty•two costa of the prisoner, who called at his house
and offered them for sale. There was nothing at all in
the prisoner'. conduct likely to lead to any suspicion of
the manner in which he bad become possessed of the
goods. He stated that he resided in the country, and
that he was anxious to establish in London a sale for what
he made. The prosecutor sold two of the coats to a ser-
geant of police, and went to the police station in Bow-
street to dispose of others of them, and put on one himself,
which the prosecutor saw upon his back and identified, and
by that discovery ascertained that his premises had been
plundered and by the prisoner.
The prisoner wu committed for trial.
The Lord Mayor said he had received 3s. 4d. enclosed in
a note containing the following words " A conscience-
stricken sinner encloses a trifle for his poor and suffering
brethren, and would be glad to have its receipt acknow-
ledged in the newspapers."

James IVilkinionwas CliTiviedWTti;brutal assault upon
Mary Ann, his wife, a young woman, who was seriously in-
ured.
The head and face of the complainant were covered with
cuts and bruises. She said that the prisoner had been in
the habit of brutally ill-using her, and on several occasions
she had been neatly murdered by him. On Saturday night
last he returned home, after having drank freely, and with-
out any provocation he commenced beating her about the
head with the heel of a boot which cut her head. lie
then attacked her violently with an iron poker; and seizing'
her by the throat, ho squeezed her tightly, and held her on
the ground until she was insensible, and the blood flowed
from her wounds. Ever sines she had suffered great pain.
The prisoner had threatened to murder her, and said ho
should like to swing on the gallows for her.
Mr. Cortic asked him what he had to say for such brutal
sad cowardly conduct
Prisoner, pretending to cry, made a most abject appeal to
his wife fur forgiveness, assumed an extremely affectionate
demeanour, aad promised never to hurt her again.
The complainant said she had often forgiven him, and
now went in danger of her life.
Prisoner renewed the appeal, an/ made the court resound
with his cries of distress.

Mr. Como tined him in the extreme penalty of 61., or
two mouths' imprisonment in default of payment, and also
ordered him to find bail to keep the peace towards her fur
six months after his liberation from prison.

MARLBOROUGH-STREET

Mr. Robert Sampson, of No. 2, I rinces-street, Soho,
appeared at this court to answer the charge of having
fraudulently abstracted a number of voting papers, and
having wilawfully distributed them, with intent to affect
the result of as election for guardians of the poor of St.
Anne, Soho.
Mr. Otway, the superintendent of police, was called to
prove that he received from Mr. Kenyon on the :till of
April several bundles of voting papers for the purpose of
distribution in the parish of St. Anne. The papers were to
be delivered on the sth and esllected on the 7th. Witness
appointed constables to this duty. The defendant called
at the Vine-street station house on the evening of the sth
with two gentlemen, one of whom asked witness if the
voting papers had been delivered. Witness replied
they had been delivered with the exception of
a few. Witness produced the undelivered papers,
and as he turned them over the gentlemen present appeared
to know the parties to whom they were directed. The gen-
tlemen offered to deliver the papers, and witness consented
to this arrangement. The gentlemen were strangers to
witness, but he understood from them they were connected
with the pariah. Witness obtained their cards, and he
knew that Mr. Sampson's shop was a first class shop in
Princes-street. Witness did not know that any of the
parties were candidates for parochial office. The parties
took eight or nine voting papers with witness's consent, as
they offered to deliver them. Could speak with certainty
to one paper being directed to the rector. lied never had
any communication with the defendant since this hap-
pened. The defendant said some forgeries had taken place
in some of the papers, and ho would explain how it hap-
pened.
It was admitted by Mr. Ballantine, who appeared for the
defendant, that Mr. Sampson and Mr. Fitchen, two of the
parties receiving the papers from the superintendent, were
candidate., and that they had subsequently been elected.
James Kilner, clerk to the guardians, was called to speak
as to one of the voting papers alleged to have been frau-
dulently obtained by the defendant having been sent by
him to the superintendent.
Mr. Ballintine was about to address the court, when
Mr. Bingham decided that the cue had not been made
out, and slasmissed the summonses.

Two lady-like looking young women, sisters, ono 20 and
the other 17 years of age, daughters of respectable parents,
with whom they resided at M' wall, Poplar, were charged
with shoplifting When placed in the dock, the prisoners
seemed terribly distressed, wrung their hands in agony,
and wept bitterly. About 12 o'clock yesterday they went
to the shop of Mr. Crane, draper, at the corner of Bromley-
street, Commereial•read, east, and having bought four
yards of silk, looked at some gloves, ribbons, artificial
Bowers, and other articles. Mr. Kennedy, the overseer of
the shop, observing something suspicious in their manner,
watched and saw them secrete some of the articles. Smith,
an °Seer, was sent for, and on being searched,
fifteen yerds of ribbon, two pair of gloves, and
a straw ornament, were found upon them. They then
appeared like persons distracted, prayed with earnest vehe•
mean to be allowed to go, and offered what money they
had on them (twelve or thirteen shillings) as an atonement.
Mr. Yardley said he would put back the case, so that
Smith might as. their friends, to ascertain whether they
wished for professional assistance.
The elder primmer exclaimed : Do not, pray, do not;
would rather Ms ; I would rather destroy myself than that
my friends Awl& homy it."
Here both burst into tears, and were put back
fur the of Smith.
He rehires' In the course of the day, accompanied by
their gather, who wowed terribly distressed at the position
of her ekointt owl staid that their father, a shipwright,
was • man, mid bore a high character in the
a4th lame be bad resided many years.
4irolirtlitsPotooto wore again brought up, Mr. Kennedy,
en the port Mr. Crane, said that his employer not having
been on the premises at the time, was not disposed to pro •
mute,

mir. Yardley, amesquently, having cautioned the pri-
' MOM not to lay beads 111 s other people's property, dismissal
,the case.

MARKETS.

COTTON.—LivsurooL, APRIL 28.—The sales of cotton
to-day are estimated at 12,000 bales, of which 1,000 are
taken for export, and 3,000 on speculation. The include
10,000 American, 600 Egyptian, at bid. to 7 d. ; 800
Surat, at 301. to Sid. ; and 360 Sea Islands, at 1 .to 19d.
The imports since Thursday are 26,000 bales. The market
closes with animation ; compared with Friday's prices,
rates of American are tight. Egyptian to lc. dearer.
All other sorts unchanged.

CORN.—Boaxon, April 28.—We have had a good show
of Wheat to-day, and a tolerably brisk, trade at about ls.
advance; red, Me. to 425.; white, 435. to 46e. There was
also a fair supply of Beans, and Is. advance being generally
demanded, the trade was ;low. Very little doing in Oats,
and we quote no change in the value of this artiolt.
Beocicost-09-Taini, April 28 —The arrivals coastwise
for the past week are trifling. At this day's market we had
• fair supply of Wheat from the growers which met a
ready sale at an advance of Is. per qr. on last week's rates.
Oats were in demand at full prices. Beans met • free sale
at the extreme prices of last week. In other articles no
quotable venation. Imports during the put week: Wheat,
coastwise, 429 qrs. ; Barley, 130.
DUBLIN, APRIL 27.—There was rather a firmer feeling
in the Corn Exchange to-day, particularly for oats and In-
dian corn, but we do not note any alteration in our
quotations of Friday last. White wheat, 238. to
Ms. ; red ditto, 228. to Ms.
raW. • barley, 128. Gd, to
16e. ; '
oats, 10s. to 128. • rapeseed, 14s. to 178.64. ; oat-
meal, lls. Od. to 12a. • baker' flour, 12e. 6d. to 138. per
cwt.; Indian corn, 295. to 328. per 480 lbs.

CATTLE, &c.—Huxocnrotin (Banks) FAIR, April 28.
—This fair was well supplied an numerously attended.
Trade was more active for every description of stock. Store
Sheep sold quickly at full prices; the same may be said of
horned cattle, as far as regards demand, bet not so with
pica, which were very unsatisfactory to the sellers. The
bat description of cows for dairy purposes sold more freely
at Improved prices. The supply of Horses was of second-
' rate quality, but still many changed hands accordinit to
their value. The Pig trade was good at advanced price',
and all disposed of. Sucking Calves, 15s. to 20s.
Rouroitn, April 28.—We had a large quantity of all
kind of stock at our market to-day ; all of fine quality sold
at late prices; inferior met a very heavy sale. Present quo-
tations: Beef, &. to 3s. bd. Hutton, &. 4d. to 4s. Lamb,
4a. 6d. to Se. Veal, 3*. to 3e. &I. Pork, 3.. to 3e. 10d.

DUNDALK AND ENNISKILLEN RAILWAY.—An
os-
traordinary meeting of the proprietors of this company was
held at their office, in Dublin, on Tuesday, for the special
purpose of submitting to the proprietors the bill now pend-
ing in parliament, entitled " A Dill to Amend the Acts re-
lating to the Dundalk and Enniskillen Railway, and to ex-
tend the same from Ballybay to Enniskillen." The chair
was taken by Edward Golding, Esq. The Earl of Roden
sad the Bon. Captain Jocelyn were among those who took
a leading part in the proceedings. A resolution approving
of the bill was carried with only one dissentient, and the
proceedings terminated.

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