The Express.
London, England, 1852-07-17 00:00:00

Katy intelitanuc.

EQUITY COURTS.—YMIZDAY.
wee VicrawocaLum as Jam Pa w.
Dl2llllllllllll e. HON; Bonn v. Daturientan.
Then eraili—the main of whish wen before the
newt ems line elan fir enrol di in gene
et eh. inteile 4111111111111‘ I Inn weniswey, Alt bother,
wM Iglinentini la MK The eireurtasea et the ere,
with the ergsmento of wear!, wen Yenned at eone
knob at the (WM.

Mr. Bothell. Mr. Daniel, and Mr. Southgate were for the
plaintiff is the MOW wit ; Mr. Mali», Mr. Craig, sad
Mr. Ware appeared ter the Messrs. Home, deftadaste la
the ongiael soft sad plaintiffs in the orees
Mr. Teed end Mr. Roche were counsel for Colonel Home
and Mr. Briesek ; Mr. Cheadle= and Mr. Kant a
peared ter Mfr William De Bathe; Mr. Wigram and Mr.p-
aaMdityllir Bin chub
IV . et.oters. Mr. Campbell sad ILL
RIB» for tar H. Drummond.
Mr. Rearm Parker and Mr. Rinse appeased for the
debts of Mr. and Mrs. Derbishin ; Mr. Law and Mr.
Danis were fez the inctusbreneen.
The Vierillissedier now delivered kis judgment, stating
Set the bill was Sod by Me.. Mary Rdwardiza Derbishire,
Os wife of Me dellistbutt, Henry Grant Derbishire, ening by
her seat Meet The facts of the ewe were shortly es
Mew :—ls the mends of January, 1847, Mr. and Mrs.
De/Aida» inlerstenied. He was an infant at that tinker(
Sheet 18 yam of age, sad she was of tall age. Under the
MD of her snob, BR John Stuart, who died in 1816, die
had cereals »tenets is his property. His unman
her
remeseed prism of his will some time beam
hes saartiegre, she fled .obtained letters of adishateraties
to be Ismael to herself with the will esmsei.
Dade" the will, eke is fact had eel, a Rib
intermits Ms property, whisk was given after ler death le
her Miftbesdant, for NOM mom which was net sogeleed,
it wa
lis ine
ds»emed at the time giber eserelage.ein sad &
theeashestgem
the ef the peeseallop wide e tee ,
sad.ls fat, that. wy id*. _De Seim !kart-had
diad intestate, mad dot Kn. DediAis, Des Mary Pew
wick, who was his dem was lie Mese» antis, end that
she was absolutely entitled to his pessost pip in that
eharseter. ands» as deriving ass Mem» miler his will.
All ',snits ammed that &r Jabs /wart had died abeo.
lately inteetete, sad that there had Wm s great es her of
simnietration ea upon ea nesseeer. Ow bar mairettem
with Mr. Derbiehiris no sestlemeat less meestard, bat ems
time afterwards, ea the 10th el Mfforisher, 1818, a Met►
mist was executed, the unless of MIA were the Ist* Mr
Habstrand Oakes, liir WM= Do Wks, Colonel Peels
Hew, sad Henry Feud . egemed by est see
mist that a sum of BAN. SW a MI of 1.11101.
Best India Stock hod beam teederedi lee the alms
of those four triremes apes one le Hes. Der-
bides during the joint lives of herself and leso,
bead, then far the survivor far le, and after that
kr her children. That settlemeat also purported to mega
be the teem 70 negro sla la see of the Beam le•
kerb, yet of the eats of le le lobs Stmte, en tee to
sell the dame sad to invest the green spa the see
waste as those which were declared by the rellemee et
November, 1818, of the sums of Meek already mended.
nese slaves gave rise to the ceremonies bushed is the
resat suit. Thessalia' beteg Dr. Diseeke, an MM.
sad his wife, it did not appear die the teen leek Los-
mesa of the slaves or took any steps to sell them. The
Mess were in fact sold by Henry Oren Dediddre end ids
elk se
elme wide redesed SAIL It tar-
tlery thst Ampoi.p man wee re.
Mr. who UDC part of it, to
NIL leatleny, be asersts: • s one of the
%MOM rd these MI it Di sot appear what be-
ams of the baleen of Oho panhowerasey et the dams.
Worennirme.helogeoeleed the sonar
Ide ewe
maw
end le espresealed WiLliellettnestel it
tbe maw 'I4AM Owed% in the same of heself
aid the Owe see tense& la 1821, Mr. Deellible at.
Weed his ens of samurai*. He then maenad *et
the settlesmat of November, 1818, was not blear-ree
sea thenwas undoubtedly tree, because be wasMu,
salidlM at
the time be esccuted it, but be was willing to seam Seem
receiving 3,5001., to be paid to himself out of the SMIDSIMI
In April, 1822, a suit was instituted, is whisk thre pertly
were two of the latent children of Mr. aril Mrs Deehieftim
by their next friend, and the defendesimetaa MASI DM
Derbishire and the trustees of the millisomB. • Me 111 hl
that suit prayed that the settlemalsilabt be oomentolo Sok
if it were not confirmed, that 3,808 E, pert dtheawn Rad&
might be paid to Mr. Derbishire, and the swift amid es
Mrs. Derbishire and the children of the medsgia. Oa die
27th of November, 1823, a decree was mem De see.
and that decree declared that the asubsio wis so lir&
Sag on Mr. Derbishire, and a redamare we dewed se the
Master to approve of • settlemest" end salledis Mr. Der-
',Ohm, as the pries of sulk reeetre 3,6001.
That sum of was Weed by see of s pore& of the
East India Stair" as/ gold to Dir.Dabielee. The Homer,
under the rehires& eggeseed M a setteseet, whisk was
dated the Ist of June, 18114,amt the terms' »that estdossot
were Colonel J abes Mackenzie, is the piece» Sit Hildshemit
Oakes, deceased, and the former trustee,, Sr W. De
Colonel Home and Mr. H. Femininely. Thosegliet=
account, and in all the statements made em des pianiftelm
and especially on the answers of the teuelees, it wee sr
aimed that Mr. Fauntieroy's stageomMoilli slope» to the
3,6001., the produce of the sale of the wee seems;
and that that stun was then se ssereg in la the
names of the trustees of the settlement of 1818. Tho Wee-
meat executed in 1824 contained • merides MSt the
trustees of that settlement would, with ig
speed, procure the transfer into their own MIMS d the
Panda, including the Consols supposed to be leafr.
Fauntleroy's name, in trust for Mrs. Derbishire fa and
the usual trusts for Mr. Derbishire and the chadom.
_ .

r•

...

tumid ths Autobahns of feet whisk he hod stated, because
those admissions were anapests of Roth while it war the
asuman are it all ; poise were net la easedawe with
the teal bets eta ewe. Uthe Oslo had hoes Woad
of the veal foss of the we it wee very posabin Ow the
B,olKweedd bet ham bees OA es allowed to Kr. Dathishira
bat that was may • natter of agssanbatim. It woad ap-
oar thst the trate. hod boos ailed Mks makkg these
animism by the apaseathiimes of Yamaha, the
Mr.
sad Mrs. &MEW had loosely made thus she, sad
that the Swam had ant WNW** ether_ paths *giving
iallsserdies whisk was Woe es an which they and
The mistake bad erislastail with the Mstbbidras, into
labia they had led this Moises, sad bad set orialasted
with the 1111411011, who bed net led the Derhidthet Use It.
lives if this bill bail bass died immediabdy afrelfersothroy's
Isiah hid bees diseressed, there would ham bus. so
=sire thiMse Ousts= ea this thathwests l
fa the la the ask of "Dertahin Dab&
aldris," or the *meth made. But utter 1824,
..... —n.. Of &than ia aot gulag la thee.
fads t It %mewed that air W. De Baths being abroad at
that time, sad the hada reseals* is hit same, in sat-
junction with the nuns of the over Uses sato,
it was impossible to have them traufsered without
his easeerrettos. Without say daisy a power of attor-
ney was sent out to Malta, to Mr W. De Bathe, who
executed it ; bat Won it returned lame. it was same-
tainsid that the lom be the fads had taken piss is sonar
queue, of Faaderoy's tune. It therefore ippeured Is
his Honest that Mai part of the bill whisk elleasd the
trustees with tile Ism seemisesd by Familiars SOO
with most to the alawasaey, had faithafrosulthieyselet
there/aro be thatheed. Aka the default if
the Oslo of the esethasat d Jon WM. Wise alms!
Joan Maims* ea W. da Bah., sad Oohed Kora
sod it would WWI Ord )(wheals, ea hissing of
isuatleroy's deb*. breeshe the matter to the now el
Mao Make ad Os., awl &eked to thw
the trust. I esnagusale of OM eleerabemelmitaarted hue
es_ hods
hod sever besas tseashered hoe the amiss et Ostend Kw
kends, ad it wet at lath the ISO of Dowsther. 1829,
that sew Inutlest were This, Sr I. W. Drum-
-1110114 sad Kr. George= ore lodated Wthesse is
the
rasa thr W. do Botha sad Otani Illasthasks awl
the hada NIS Aimee emerftered thr W. de lathe
sad Odessa Mom thee the swots of Me sew *Mselso
namely,
_Mesas Demomead. and Wasik. I. nth, Ka
J. W. Download died. sad dm fade led woo mese re-
mained, sad woes saw tisadiss,_ la Mis names of
Homo sad Barak. Prat had boas made with
to *swat& sophist the estate of Mush
ic... had boss pertilir,
GO wader thatia oaf ==e ewes bad beta veersived
by Sir W. de Bathe sad Cobol Soo es the arriving
trustees of the settkost of 1818. The bil sailed that
time had bees inegalmitios with most to the optima.
if these a 5...., sad he theaght thee those not be Li-
quifies se to the sonata' of the dividends whisk bad
bees so rewired. It appeared that there was se ewe
against Coloael Miasma with aspect to she original
fob, and that there was no ere to doge kin with
ray Malt. H. saw mama anythisg, and tae proof
seemed to bass bus ands by the pesos pasty,
er
sad the
who hod rewind the easy owe Wei to answ
rolinstr He bad already lewd that la sll thus haseetioua
it had been 11•111•114 Sat Ms. Deabishise bud an absolute
Interest is the Met had. It ums Net awed that the trus-
tees Mow sayddai MN ea dile pshit,-bat l bet her
interest was anything but ratillikirp Were& Kn. Der-
Make has rely- a Kb alseeth sad bee isterest and the
interest et her &Mrs. were mama sager the settle-
ments tai the will of Sir Jtha Soft Vase these
oiremeasses w diem whlA he would make would
be se : DSOs tits bill altogether against the
deleeissts the Monts. Bowe (the representatives of Sir
H. Oslo), and dismiss it altogether against Sir Orford
fiords., Mr. Hogg, and Mr. Skutt, the representatives of
Colonial Mackenne, and it must be dismissed against all
than party with seer. So much of the bill so prayed
thst tTelwd Hew. Mr W. De Bathe, Mr. 0. Badoock,
Gad Es H. Dramsami, might be declared personally liable
to make the peeffsse of the slava money, must also be dis-
missed, and as the plaintiffs' can Ia this respect bad failed,
with costs. Thum mud be inqukies as to the dividends
received odor Mr mid by Ceiaei and Sir W. De Bathe,
Si w who bud rewired the ems, sad when and what had
Massa* obsess(, sad further, woo must be an inquiry
winds, my ad what sums of mosey had been paid by the
trust= is the *Muff or adenoid for the benefit of the
Abe us inquiry as to what the so (and cow con-
sista 04 sod wbesber it had bees essmahmed, with hherty to
stabs solid elsonastances, sad the Wan order for the
paymested the Mame to IthaDestiehhor meth be sestinued.
This dimes le be without prejudice to ths rights and in
timeliest the parties to the suit under the will of Sir John
Sussea.With raps& to the cross-suit instituted by the Messrs.
Hoare, his Homo was d opiaiou that as the bill bed bees
Sled by a who had as interest, it mast be diadmeL
priaby
As regarded- Kra Derbishire, a great deel bad bean said es
to chews of Mad against Mr, but se the was bill brought
forward mattes which it was quite right to king forward,
mid which would have boa absolutely assassin fan dos
wart to be ishasisd of, if fa bad taken a Mamma view of
these trommises with Fangio', it mast be dithimal
whimsies:sr
on Mrs. Derbhilis and the ether peaks.
The ass be put the paper to be spite an the
minutes this fortnight.

ASSIZE INTELLIGENCE.

MIDLANDCIACUIT.—NcrnmonAm, JULY 16.

Barna. 111. Awing Commun.
THZ EARL or SCARBOROUGH v. PICILIN.

This case, which was part heard on Thursday, was re-
sumed this morning. It war en action to try the right of
read threagh, two fields belonging to the plaintiff, situate at
the parish of Walesby, in this county.
Mr. Williams, Q.C., and Mr. Mayes appeared for the
plaintiff ; and Mr. Macaulay, Q.C., Serj. Miller, and Sir
E. Wilmot, for the defendant.
The fields in question formed part of old Walesby Com-
mon, which land was enclosed under th 3 provisions of a
special act of parliament in 1826. Previous to that date a
road ran across the land in question from Weksby to the
neighbouring village of Perlethorpe, but, as was alleged
on behalf of the plaintiff, this road was extinguished by the
enclosure. Witnesses called on behalf of the plaintiff proved
that the land now forming the fields in question, which at
present were occapied by • Mr. Haywood, were fenced
round immediately after the completion of the enclosure.
Soon afterwards, however, at the request of the then Lord
Scarborough, a pair of hunting gates were fixed in the
fields, so that, in fact, a private reed for the use of his lord-
ship's hunting parties was again established. These gates
were,lit was swore, always fastened after the termination of
the hunting season, but could
any length of time; and at length, in 1861, the gates were
replamd with a fence. This fence was broken through by Mr.
Pickio, which formed the subject of the present action.
For the defence it was admitted that Mr. Pickin bad
committed the alleged trespass, though it was contended he
was instilled in so doing, the road having for 23 years been
constantly red as a public one. In support of this an im-
memo number of witnesses were called, who all swore that
during the time mentioned they had constantly been in the
habit of passing along the road, both on foot and on horse-
back, without -baying ever been informed that they wen
trespassing. They all, with one or two exceptions, also
proved that the hunting, or as they termed them the bridle
ttee, were always unfastened by anything but a common
The hearing of the case occupied together nearly twelve
hours, and eventually the jury returned a verdict for the
defendant.

settlement was doted the let at June, 1821, and was after- I
wards executed by all Os meaoseary parties except Sir W.Y.
De Bathe, who, at the Mom was abroad. His absence I
created mese delay is penemeithi a transfer of the funds,
but a power of atesemsy mos meat to hint for the purpose of
obtaining his cemenrreeme in the transfer of the funds, but
before its return, Fatintleroy's fraud in this and other re-
spects were discovered. Fauntleroy btcame a bankrupt, sad
it turned out thst the 3,5001. was lost, except so far as
anything might be received by a proof against Fauntleroy
and his partners, and the object of the present bill was to
' make the trustees of the settlement of November, 1818, '
and of the settlement of June, 1824, answerable for the loos
occasioned by the default of Fauntleroy. In considering
this claim against the trustees it was necessary to distin-
guish the question as it stood under the settlement of
1818 and the settlement of 1824. As regarded the settle-
ment of 1818, the trustees were of course accountable for
all that they had actually received for the East India
Stock, and the 8,5601. Consols. They would not be liable
in respect of the slaves, or the money the produce of the
slaves, which, in fact, they had not received, unless it
could be shown that they bad been guilty of some breach
of duty or default, by reason of which the lees of that sum
had been occasioned. Their title to the slaves was under
an assignment by Mr. Derbishin, an infant, and his wife,
• married woman, and who even as an administratrix was
incapable of assigning without the ox.currence of her
husband. The assignment was a nullity, and it
gave the trustees no title whatever. They could not
take possession, they could net sell, and they were
guilty of no default in not having done eo. They had no
title by means of which they could have prevented Mr.
Derbishire and his wife from themselves parting with the
slaves ander the same title which they had made over to
the trustees ; but Mr. and Mrs. Derbishire did sell ithe
slaves, and it was difficult to imagine how they could have
made a title, labouring as they both did under the incapa-
city which he had mentioned. They sold the slaves, Mr.
Derbishire received the money, and paid part of it to Mr.
Fauntleroy. That payment, under the circumstances, was
the voluntary act of Mr. Derbishire, who was dealing with
that which, in point of fact, was his own money, and
which was not affected by the trusts of the settlement ; and
he himself and those claiming under him would require to
make out • very special dein( indeed to enable him or
them to come upon the three trustees as having been guilty
of default in permitting Fauntleroy to receive and misapply
this money. His Honour said that he had looked very
carefully through the pleadings to see whether such a case
had been made against the trustees with respect to this
mosey, and he did not find it even urged ; and certainly
it was not proved that Mr. Derbishire, handing over this
mosey to his (Fauntleroy), bad acted under any authority
given him by his three co-trustees, or that there was any
statement made to them of the money which had found its
way into Faunticroy's possession. It was nothing to show
that the trustees knew that Fauntleroy had the money in
his possession a long time afterwards, when a suit was in
contemplation. The CORCIIIIiOII to which his Honour bad
come on this point was, that the trustees were no guilty of
default, or of any breach of duty, in respect of this slave
money ; that they came under no liability with respect to
the slaves or the purchase money. The settlement obvi-
ously not being binding on Mr. Derbishire, and it having
been so declared by the curt, it appeared that at that time
the true position of the parties was this—that the km
trustees bad in their hands certain East India Stub sat
Consols belongiag to Mr. Derbishire, probably be-
longing to him in right of hie wife, and there-
fore subject to her equities for • settlement, and
that Fauntleroy had in his hands 3,6001., also
under the same circumstances belonging to Mr. Derbishire,
and that the trustees were under no liability with respeet Ice
this latter sum. The balance of the slave money appeal
to have been kept by Mr. Derbishire as belonging be blow
self, and fur which he would not have boa liable bosnoull
in any way. This brought the meet Ysaaaider Via rises
the rights of the parties under the two sotemoods. 1$ op-
peered that Musts. Blake and On, bat boos amodladl •
behalf of all the parties in the proprothe of the solllmoot
of November, 1818, and in the suit of " Derbisiden m Der-.
bishire." That suit was instituted at the install is Mrs.
Derbishire herself, being at that time muter of w leads
in the hand. of the trustees, and who in fact wield have
been justified in paying them over to him; bat wa_ reseed-
logs were taken under the direction of the court, Mrs. Dm-
Whirs of course had the ordinary equities of a married
woman. In November, 1821, Messrs. Blake and Co. wrote
a letter to Fauntleroy asking information, in answer to
which Fauntleroy stated that he had invested the slave
money in the names of the four trustees. That was
the first intimation which it appeared that the trustees had
received that the money had reached the hande of Faust-
leruy. From that time forward all partite appeared to
have acted upon the assumption that this information
given by Valuate:4ly was in accordance with the facts of
the case. It was so stated in the bill in Derbishire v. Der-
bisfore, was admitted in all the answers in the Masters'
report, and the power of attorney sent to Sir W. De Boobs
@hewed in point of fact the common error into whisk all
parties had been led by the nthressutations of Faustian,.
It was impossible to charge the Muslim with MI sum at
::xdor the Commis width repeeseated it, se woo now et-
to be duo, oa the pound that dab Mires Si.-

NORTHERN CIRCUIT.—Yoax, JULY 16.
Hama Ma. Joinca Wiornms.
MUTWZiI AT BAIII4BLET.

John Ellis. 33, was charged with having, on the 4th of
June last, at Barnsley, discharged a loaded pistol at Heorge
Savage, with intent to murder or do him some grievous
bodily harm.
The prosecutor is the superintendent of the night watch
at Barnsley, and the prisoner had been engaged in the
I same force until within a year, when he was discharged
'by the watch committee. On the night of the 3rd of
June last, the prosecutor, in going his rounds, saw the
prisoner twice, but did not speak to him. At three o'clock,
the police were dismissed, and the prosecutor in going to
his horns in Pontefract road, saw the prisoner leaning
over a gate. The latter was then on the opposite side of
the road, but on passing by him, the prosecutor heard
him following him, and shortly afterwards he heard a
shot fired behind him. He turned round, and saw the
prisoner standing six yards from him, having a small
pistol in his hand. He asked him what ha was doing,
when he replied "Shooting you." Prosecutor made a
rash at him, when the prisoner discharged the other barrel,
then brandished a pistol, and took to his heels. Prow-
calor ran alter him for about a mile, but did not capture
oreke
his assailant, who was apprehended at his own l *
cgs on
the 6th. Three pieces of lead were afterwards dup
near a wall which bore marks of having been it by the
contents of the pistol. On the Ist ult., the prisoner showed
Mr. Brooke, manufacturer, a double-barrelled revolving
pistol, and asked him to buy it, but he refused to do so,
though he advanced bin • few shillings on it. On the
evening of the 3rd, the prisoner met Mr. Brooke mein,
when he saked for the pistol, and it was returned to him.
The only motive which could be suggested on the part of
the prosecution for this diabolical attempt was revenge, the
prisoner, perhaps, supposing that Savage had had something
to do with his dismissal from the force, though, on crow
easmination, he said they had never had any 9uarrel.
Mr. Overend, in ea able speech, while admitting that his
client had fired the 'Pistol, denied that he had done so wil-
fully, but accidentally or for a spree, insomuch as no motive
could he assigned foe the communion of an act which threat-
ened his own liberty and life. The prisoner had been ap-
prehended at his own home, a circumstance which was in
frvour of his innocence.
The jury found the prisoner Guilty of shooting with in-
tent to do grievous bodily harm, and he was sentenced to
seven years transportation.
ARBON AT WHIILET.

John &maid Gower, 4S, wm indicted for having, on the
31st March last, at Whitley, lo set fire tu a dick
of barley, the property of Was. and Elizabeth Cam.
Mr. Blanahard prosecuted ; the prisoner bad ...a
On the morning of the above day the stack in question
was burnt down, and about four miles from the place
where the stack stood, near Coneythorpe, a labourer,
named Nicholson, met the prisoner, who asked him if
he could tell him where there was a decent constable.
Nicholson said there was one at Coneythorpe, whereupon
the prisoner sad he had fired a stack at Whitley, adding
that he bad laid under a hedge until he was starved,
when be get up sad est era to one of two stacks which
were staling near him, but, like • fool, he bad eat Ate to
the wrong steak, as the wind. Wing in the wrong direc-
Mans weld not en the ether ea In. Illeheike then

ME EXPRESS, SATURDAY EVENING. JULY 17, 1852.