The Express.
London, England, 1855-09-15 00:00:00

THB POLICE COURTS

GUILDHALL.

- -
idr. Job' Carat., fees., a wine merchant, of Bristol, sad
common councilman of that city, appeared in dioeharge of
hie ball before Alderman Humphery, to 'answer the charge
of wilful aid corrupt perjury, which he was alleged to have
committed in an affidavit made be him is the Prerogative
Court of Canterbury, Doetore.costirnoss, where he had
falsely sworn that a certain paper writing, purporting to be
the last will and tadamient of hie lits brother, Mr. Edwin
Carter, deceased, was in tact the last will and Untamed of
the dusated.
Mr. Clavicles appeared for the promotion, god Mr.
Parry sonductad the detente.
Oar readers will recollect that on the last examination it
was stated that in January, 1846. the deceased made a will,
by which the defendant and his brothers and mitten baesene
entitled to equal 'hues fa the testator's property, 'dwindles
in value to sheet 30,0001. That is the following April in
the same year he made another will bequeathing aansities
of 4001 to his mother, and 1001. to each of his brothers and
anon, with the egeeptioo of the defendant, to whom he
gave a life interest in the midue of the property with
remainder to his children; stipulating that in
the event of the defendant leaving no issue,
the property was to
In Jenthey,lBl7, the deceaud died, and after the funeral
the relatives interested is the deceased'a property asessibled,
and after reading both wale, they agreed that as the first
will was the fairest for all the family, the second should be
dettroyed. It was there given out that • stewed will was in
oxinesse, hut as the search for it was hulas*, the first will
, was proved by the deftedant as role tor. Messrs.
Stuaksy, the hankers, of Bristol, subagents', advanced
spear& of 20,0001. to various retiree upon the propene,
sad ha August last the second will was brought to light by
the defendant. Masan. Stuckey thereupon clued the
present proceediags to be instituted, in the belief that the
defrodue woe perfectly aware of the 'airtime of the second
detriment et the time that be swore the first was the last
will sad testament of the deceased.
The farmer 'villain was then read ever, when Mr.
Labor,. who was usable to remember having received a '
linter from tho defendant Worming him of the seated will, I
a few days before the death of Mrs. C • Pea , sow esid
that hie menawy had failed him is the last examination, bat
. that he hod Mass made irquiriee of his solicitor, and was
sow able to protium the letter whisk was this sabjeot of
arus suminaties by Mr Pan .
The letter was Um
&dermas Itungheile7ked that the letter was dated
tits 2111th Nell that the witness must have
iressiesd it some days dm death of Mrs. Caster, sea.,
Whisk both place is then* of that month.
Mr. Unitary mid his p>tA Mesieed the latter on the 23rd.
She stowed it to bit is the same y, sad be took it to his
solicitor, with Massa II bad remthied up to the present
time.
Mr. Parry said the worthy Althea'sa would now perceive
the object of his emu axaminetion of Mr Lathery, and he
thought it rather canons that he should not have been able
to remember sash an important 1
Alderman Humphrey also thought it extraordinary, as
the witame itssumbeire4 Mrs. Lubury's ilium, and many
ether matters Ism important.
Mr. Parry obaseved that perhaps Mr. Clarkson would have I
no objeetios to the Uttar being put hi and read ca behalf
of the prosessdon.
Mr. Clarke"' said he did not put that letter forward, but
ha would pet a letter before the magistrate, the poison
of which was to show that before say money was raised spat
the property 'Bodeen)* first will, the defendant had staple
notice of the existence of the weeded will.
Mr. Parry bad sever denied f-r as lastest that there was
• weed will ; but the defer m was that the assind will bad
bus searched for, and it was ma, lista that much failed that
the first will was proved.
Mr. Clarkson was prepared to the Alderman's opinion
apes the whole cam as it stood, but there were two other
material wholesome whom be thought it would he searsiary
to all. One was Mrs. Lubory ; but ha held in bis head •
anrgoon's certificate, stating she was too ill to attend. The
other vitae« was the defendaut's father, who informed Mr.
Loamy of the inisteacie of the ascend will.
Mr. Parry said the father was too il! to atteni, and unless
this magistrate west to his bedside to rake his deposi,inn he
could not see bow his tastinessy was to be obtained, although
ho was most unions that his evidence should be takeo, as be
felt sosvisted it would quite exonerate hi, client.
Mr. Clarkeou inquired where the secind will was di.
levered.
Mr. Parry said ft was found water a chest of clothe..
Alderman Humphrey asked if the clothes had been wont
defog the last tee years.
Mt. Perry was not prepared to answer that question,
ROME &I he consider be was bolted to do so.
GMs man Humphrey said it was unitize that, with only
• ffiet giathos to conceal It, the will Aural not bays been
dlgomorod daring a period of so many yesn.
M. Clarkson clog this opportunity of emplaning. that
ollbeagb the advasces made by various parties to different
members of the family upon the property es dirpoesd of
elselor the first will emanated to upwards of 20,0001, Messrs.
• anakey'e loss by the production of the smand will would not
massed 4,0001.
Mr. Parry quite soomored in this statement, sad the fol-
lowing evidence wee tbs. takes
Walter Pits Davis said—l live in the Fischlepreed. In
1848 I was clerk to Messrs. Short sad Strickland, of Bristol,
ma'am. I bays their Wig book beans sustainingthe empaf:aletter, dated lass 20,1848, addressed by times
the
to sat. The toiletries is a espy :
Deer Sir,—ln pumas., of your desire, we have the
=re to forward yea • espy of the will of year deemed
r, lidwin Caner. Wq., prepared by one Mr. Short, in
tha most% of April, 1846, and we have to apologise for sat
sanding it te you *seller. We would strum!, recommend
yes to lave so optiiies of au eminent Ludas miasma imam-
' thine', takes se bath wills ter your goidanse. We have
suggested to your fatly, too wayesss, sf onnear and 766,.
belabor. Me- awls@ Carter, Mem*. '4l ppmn the is.

tesAtti mortgage b him until such opinion has bore oh•
ttincd. _ _

--.---.
" S. mid S."
Mr. Hobbs was then called, and gave evidence wit► m-
itt dto the severity Mr Stuckey bad for the summits ad-
vsnovd under the first will.
Mr. l'arry perceived that it was decided to send this case
iiir nod he +fluid, therefore, say no more at prtstut.
Alderooso Hompbety thought the better worm ler all
polities would be to adjourn :berme for another week, and
in the interim perhaps Mr. Limitary would be atde to
come up.
Mr. Parry bad rather, Hate ease was to go for trial at all,
that it should be disposed of at the ensuing sossioas.
Mr. Clarkson said the cue was not yet complete, bat if
t►e Alderman imasidered there was snakiest evident*, lie
was prepared to secede to a committtl.
It was, however, ultimately agreed that the ewe should',
stand over for another week, the defendant being admitted
to Ira! loose serety in 6001, and his own recognieusess is
in limiter monist.