The Express.
London, England, 1863-12-04 00:00:00

ISTRAOILDUiAIi CAME.

This awe, which tee•lla some of the features 1 the most
famous causes oilawas of modem tunes, wee a nit to revok
• probate 'rental no long ago as Jely, 1840.
Mr. O'Malley, Q.C., and Dr. Spinks appeared for the
plaintiff, John Berryhill Cross ; Mr. Berjea•t Ballaatme,
and Dr. Deane, Q.C., for the defendants, Hannah and
Akesieder Cross ; Dr. Wambey and Mr. Searle, for the
irate rinse, Mr. Thomas.

Many years ago there lived a watch maker in Charter.
honse-eqnsze. He had a large family, wbo were interested
in a sum of 14,0001. which bad been left to him by Mr.
Samuel Berryhill, who appears to here bean the brother of
Mrs. Cross. Mr. Berryhill had left his property in a some.
what peculiar manner. He pre Cie Crosses only life tenni.
ties, with the right, however, to dispose of the capital given
by will. On the 16th of Sept., 1839, one of them, Harriet,
died, leaving a share amounting to about 1,0001. In July,
1840, Hannah Cross. • sister, proved in the Prerogative
Court a will purporting to bear date five days Way Hu-
lloes death. In this document she appeared as imemitat
with the plaintiff, John Berryhill Cross, but he
did not join with her in the probate, but
power was reserved to him to do so afterwards
it he pleased. As this will was confined to the property held
under the will el Mr. Berryhill, • aeterortim grant of ad.
ministration became unnemessry ; sad John Cross obtained
one for his Meter Hannah. At this time James Cross was
abroad. In 1859 be came home and began to make inqairiee
about his rights to the family property. He found
that the 14,0001. bad been sold oat, and he employed
the intervener (who was an attorney) to commesoe mooted-
' logs in Chancery. Mr. Thomas edvamed him 1454, sad
this with his oasts in the various chancery snits made a
debt of 1,2001. or 1,5001., to secure which he gave Mr.
Thomas a mortgage upon hie interest under the wills both cd
Hr. 13erryhill and of his sister Harriet. John Berrylull Orms
now alleged that Harriet's will wasa forgery, and that he bad
been induced by the fraud and covin of Hannah Cross to
treat the instrument as genuine. The intervener contended,
on the other hand, that the will was • good one.
_ _

When the cue was called on, there was a somewhat novel
contest at the her, none of the learned gentlemen being will-
log to begin • but sveatually the learned judge ruled that the
affirmative ague was as to intervener.
Dr. Wambey having addressed the jury, read an affidavit
of John Cross, in which he stated that his sisters Mary sod
Emma had confessed to him in 1841 that the will was a
forgery, and that it had therefore newer bad acted awe.
The intervener then swore that is October or November,
1859, John Cries had sent him both dile for partied, and
that he had said nothing about Harriet's will being s forgery
till after the exectttion of the mortgage.
A witness from Doctors' Commove proved that John
Cross bad added Kies Hannah Cross in procr ring the pro
bate and esetenorom great for his sister.
This morning, Mina Mary Cross was examined by Mr. Searle.
She said—l am sister of the deceased, and of the plaintiff
end defendants. When Harriet died, I had the following
brothers and slaters :—John. Hannah, Elisabeth,
Emma (Mrs. Bainflaid), Maria, Louisa, James, Italrig,"
Alexander. My mother did is 1850. Before Harriet'. death
all my sister, were living with my mother and me. Maria
Louisa died in 1841. I believe my neater* u one of
the attesting witnesses to the will is in my writing. I
believe that the signature of the other witases is also in
that of Maria Louisa.
By the Judge—Are you aware what forging a will is!
(A laugh.) Do you know that it is a crime!
Widest -I baud so in this court yesterday.
The Judge—l think it right to caution you that you need
not say anything that will criminate yourself.
Mr. O'ley—ls the signature of the testatrix your

17111nesa (emphatioally)—l w that written. Whoa
I wrote my name I believe my sister Harriet wan not arra
I do not remember that 1 our my sister Loofa
write her name. There was only John sad
Han:et in the room when I wrote my name to the
best of my belief. My brother John told me what to writs
and where to write it ; I had such unbounded faith in my
brother that I wrote what he told me without adds( what
were the cootents of the paper. It was only in 10J9
when I received a cruel letter from James, telling me
that I had witnessed a forged will, that y rome.•
bered what I had done. I don't know in whose
writing the body of the will is, but I think it is
in Hannah's. I cannot recollect how long it was after my
erater's death that I signed it. It wan signed in the dining.
room at Chealinnt, where my mother lived. My brother
John med to come and see us every Sunday. This wu
done on a Sunday, just before diaper. We were all
in the grounds when I was fetched by Mrs. Bamfield.
Alexander Cross was alto in the house, bat be was cot
present. My brother John and my sister Hannah managed
all the asks of the family. Alexander wee a boy ;be
was born in 1821, and this took place in 1839, so perhaps wit
will be Iwo good as to calculate his age, fort am an old
woman, and I really cannot do it myself just now. (A
WWI.) My sister Hannah went to Jersey to camps the per.
seentioo of John Cress. She bad let that man sell oat the
14,0001., and she wee called on to pay iL I do not know
where she is now, I wish I did. Upon my oath Hannah
did not ask me to sign the paper that 1 remember. On my
oath I have not said so.
Dr. Wambey then croso-examined the witoem by perns.
don of the court. She maid-1 have not • very good iu•
mory. I recollect Mr. Thomas serving. roe with a inibp,rna,
and asking me questions respecting a will. I sold him that
I my memory would not carry me book 24 years as regard+
all the particulars.
Mr. OVIIIMey submitted that there wee no case in support
of the will. . . .

Dr. Wambey, contra, contended that there was evidexe
to go to the jury ; that all had been rightly done ; the wit.
nese Mary Cross having admitted that the attesting signa-
tures were genuine. It seemed very like a reproduction at
the Roupell calm ; and be hoped his lordship would allow it
to be (might out " to the bitter end."
Sir J. Wilde said that the case was a most extraordinary
one, and one in which very slight evulcoce would be sum.
cleat to set up the will. The ease niust therefore proceed.
Mr. Serjeant Sallantine said that on behalf of the dr
fendant he should not interfere.
Sir J. Wilde—You must either appear or disappears
(Laughter.) If you don't make your speech now you wont
have an opportunity.
Mr. Serjeant Ballantine— All that I could prove has
• ready been proved.
Mr. O'Malley ridiculed the idea of the present being like
the Reopen case. Mr. Iterryhill had made bis owe
will, and, like most people who did so, be had
brought upon his estate a hundred pounds of expeca
for every shilling which he hail saved by abstaiciog
from employing professional advice. The will had bees
forged under the impression that unless all his brothers and
sisters left their annuities in the same way they would low
the property altogether; and as soon as John Crow found out
what had been done he expressed his diseatialaction, and
Hannah Cross promised him that be would never act upon
it ;in point of fact, nothing had ever been paid under it.
As to Mr. Thomas, he was an attorney, who, having bees
employed io the Chancery suits of the huidly Ito
Mr. Cross, the father, bad himself left
which was is dispute), had taken the unimial
step of procuring a mortgage on every shillip;
that Jaye Cross had or could bare to secure bis costs. Toe
imagination of Dr. Wambey exaggerate! this into an.
other Roupell ease ; but if the will were established it would
make no more difference to John Cross than an annuity of
61. 10., which, after all, would not depend upon this suit.
[The case was proceeding wheal our report left.!

COURT OF BANKRUPTCY.
(Before It,. COCOMialliOoOr Gou'Nara.)
to RE H. 11. SPAIOIAII.
The bankrupt was an attorney. of Basinghallatreet. This
was the adjourned sitting for discharge. The liabilities de
5,4 W. ; no assets.
Mr. Thomson, for the assignees, did not oppose.. ,tt s
former sitting it had been decided that his opposition did
not come within the act, as the creditor was aware of the
bankrupt's position when be lent the money.
Mr. C. F. Lewis supported.
Mr. Lieklater opposed, no behalf of Kr. Lockintet 10.1
Mr. Vast, creditors.
The bankrupt. is examination, stated that the wipe,.
Mr. Abbott, had not sued him before his bankruptcy. 11 d
given him several acceptances, the but of which was Ire is
July, 1:44. He had signed a declaration of involeene!
at the suggestion of Mr. Abbott and Mr. Wicks,
that bankruptcy was the best thing for him. Had *Delo
insolvent since the death of his father in 18.10 ; be reed
more mosey then than he did now, he owed at last
2,0001. to clients. Hie means of payment were 1111
future practice nod Ilia wife's income. la May. 143,
he was behml upwards of 30001.. and he knew .1.
His position got graltudly worse until March. 1,63. 1°
May, 1862, he had been employed by Messrs. Lockingtoe_4l
their solicitor, and was instructed to sue &debtor for 4.
He received io payment two bills, which he disoniote.lll.lll
his blinkers, and applied the proceeds to his own .06
The bills were dishonoured at maturity; be Afterwoa
received 51/, of some of the parties to the 1,1.'•
having paid the money to his banken when the to'
became due. He applied the money received from the
pa
rties to his own use. A balance of 40/. was still due 00
Lockiogtou. A third bill of 2.5/., received on

count of Messrs. Lockington's action, had been discharged
be him. and the proceeds applied Whig own use.
Br Mr. Lewis—ln 1547 he purchased a practice in the
city for 2,000/., the money being advanced by his father and
father-in-law. They both died shortly after, and he was
called on to repay the money. He lost 3,0001. by that prac-
tice. Though he owed to clients at one time 2,0001, he now
owed them lees than 2001. In 15 months before his bank-
ruptcy his business Yielded a gross profit of 7501. and his
wife's income was :00/. a year. He had been induced to go
on. because a considerable portion of his debts were due to
relatives and personal friends. In 20 months weeding his
bankruptcy be had received and paid away belonging
to clients. Just before Christmas he had a serious ills
which incapacitated him from attending to business until
his bankruptcy. lie then found that he must either become
bankrupt or borrow more money.
By Mr. Liolikter—Against pro6te of 7331.. there were
expenses of 4681., and 4611. for discounts, half of which
wan incurred in raising money for his own purposes. Mr.
Hermann used to discount for him his own acceptances as
well u those of clients. More than half of the 12.0001.
mentioned above would be in respect of the discount of bills.
When he borrowed 5001. for a client for three months, he
should charge perhaps 10/. That was a remuneration for
his profauiooal services, not for becoming liable on the bills.
He did put his name ss endorser on some of them.
Mr. James Lockington, commission spot, of 45, Cheap-
side, detailed the circumstance' under which he had
employed the bankrupt, and stated that, in January last,
the bankrupt told him that the money had not then been
received, but that he expected to get it shortly.
[Thecae* is proceeding.]
(Before Mr. Commissioner Face.)

The bankrupt was •onminiasionagent, of Regent-street.
Mixed debts about 1,800/. ; liabilities on bilk, 525/. ; no
assets. _ _ .

Mfr. Sargood and Mr. Doris opposed. Mr. !trough sup-
ported.
The principal pound of opposition was that the
cash account rendered by the bankrupt was ex-
tremely defective, sad that be had rendered no goods
account. The bankrupt was examined at considerable
length. It was elicited that be had been engaged in obtain.
leg orders for military tailors. His answers being very
unsatisfactory,
His Honour adjourned the examination sine die, directing
additional accounts to be furnished.