The Express.
London, England, 1863-02-18 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF PROBATK AND DIVORCK
(Wore the Jades Ordinary.)
TROY NON AND MS V. FIDDIAN AND OMER CITED TO

bIE PROCEEDINGS.
The Queen's Advocate and Mr. Aspinall were for the
plaintiffs ; Mr. Keane for the defendants.
The plaintiffs, as executors of the late Mr. Wm. Benbow,
propounded a will which bad been made by him on the
th of April, lea The defendants, or rather one of
them, Mr. John Farmor Ward, alleged a codicil ex-
ecuted on the 25th March, 1862. The testator died on
the day following, and the executors averred that the later
instrument was not the codicil of the deceased, that he was
not of testamentary capacity when he signed it, and that it
had been procured by the undue influence of Mud.
The testator had been engaged in the South American trade,
but be had latterly resided at Whiston, near Liverpool, and
had carried on business in that port as a merchant. Mr.
Gard war a surgeon in the neighbouring village ci Pres.
oott, and he had become very intimate with the deceased.
In 1858 he went to Ryde, in the Isle of Wight, where he
was visited by Mr. Benbow. In November, 1861, Mr.
Benbow proposed that be should come and stay with him,
offering to give him 1501. a year and to pay for the board of
his old housekeeper, named Grey. Heabio expressed regret
that the state of his affairs did not permit him just then to
propose better terms ; but he mid that Mr. Gliard would
benefit by the wind-up of his affairs. In February,
1862, Mr. 011ard, thinking that the deceased was rendered
by the children not quite so comfortable as he could wish,
suggested that he should take a house at Bade, called Ivy
Cottage, and live there by himself. This Mr. Benbow did ;
but it was alleged that the friendship remained un-
altered. The health of the deceased after this
began rapidly to fail, and Mr. 011ard suggested that if
be wished to alter his will he should do so ; but he linked
if he wished to wait till his friends, who had been sent
for from Liverpool, arrived. The testator replied- that he
wished to settle his affairs at once, and Mr. Worsloy, a
respectable solicitor at Ryde, was called in. Mr. Worsley
then drew up the codicil from his instructions. In the will he
bad left his housekeeper Grey 2501., and after giving several
other legacies he divided the Tartans of his property into
five equal parts, which he distributed amongst his relations,
the chief object of his bounty being his Mn.
Eliza Benbow. In the codicil be increued Grey's legacy
to 3001., and, after some other legacies, he divided the
rest equally between Mrs. Eliza Benbow and Mr. Ottani.
Mr. Worley was called, and described at length the pre-
paration and execution of the codicil. In witness's opinion
there could not be the least question either as to the testa-
tor's competency or his desire to make the disposition con-
tained in the document in dispute.
[The case was still proceeding when we went to press.]

COURT OF BANKRUPTCY.
(Before Mr. Commissions Holroyd.)
TS RE J.

The bankrupt was described as of anstonmaquare and
of Brompton. This was the adjourned examination sitting.
The we has been frequently before the court during the
last nine months. The bankrupt, it will be remembered,
having large expectations under his father's will, had bor-
rowed money in all directions, giving, as security, bills or
bonds, which had passed from hand to head, and were
known in sporting circles as "Iliiiidam's bonds." The
amount secured by these bonds was in most came fabulously
out of proportion to the amount of the advances ; Mons cam
• bond of 10,0001. had been given for • loan of 3001. The
total liabilities are 27,2A61. ; there is nothing in the shape of
assets, except two racehorse, named " Inheritress" and
"Mountain Doe," which are returned as of the value of
1001. each, but are held by creditors as security. The
largest creditors are Mr. Pooley (the wives)), of Riches-
court, 3,0001. ; Yr. Croft, hotel-keeper, of dasingetoke,
4,0001. ; Mr. Charles Bonyard, hop merchant, Kent, 2,000/. ;
and Mr. Jabot Wood, of Cornhill, 2,0001.
Mr. Chidley, for the assignees, stated that the bankrupt
had been required to furnish additional accounts, at the
last sitting, but be had taken no step whatever towards
doing so. He bad not even produced his banker's pass.
book, nor supplied a copy of it. Another adjournment of a
month or six weeks was asked.
Mr. Nicholson, who appeared for creditors, complained
that nothing bad been done by the assignee towards ob-
taining the bankrupt's property, consisting of two race.
Donee and • picture, for which no consideration had been
given. The creditors suspected that an arrangement bad been
made with the assignee for satisfying him claim, on condition
of his abstaining from too active an interference. He wished
to ask the assignee, Mr. Pooley, some questions with a view
to an application to the court for his removal from the
sa*neeship.
His Honour said be could not entertain so serious a charge
in that stage of the MSC It must be brought before the
court in • regular way, and notice given of the application.
Mr. Sargood, for the bankrupt, opposed the adjourn-
ment. The solicitor to the assignees bad promised to
moist the bankrupt with dates and other information
requisite to enable him to complete his account,
but he had not dose so. The bankrupt was •
young man with large expectations, who was himself
unaccustomed to accounts. His pas-book bad been handed
to • person named Williams, who was now out of the way,
and the hankers mid it was contrary to theirpractice to fur-
nish copies of pass-books. There was no L.hes on the part
of the bankrupt, and he now asked to be allowed to pass.
Mr. Chidley denied that the night* d the tankrubt was
chargeable on hint. Several large debts bad not been re-
turned at all ; one for upwards of 3,0001. bad been proved
that day. He entirely denied the &serge of collusion on
the pert of Mr. Pooley, the maim" who had had no com-
munication with the bankrupt Many way._
An adjournment was ordered till the 26th of March.

THE POLICE COURTS.
(THIS DAY.)

GUILDHALL.

Dr R. PAUL 8.

John Stanhope,;taio7, I;hCrgay; his address at 22, Baker-
street, Paddington, was charged before Alderman Hale
with robbery in St. Paul's Cathedra/
Mr. Bowel, of Basingballstreet, attended on behalf of the
prisoner.
Mrs. Harriet Austin was in St. Paul's Cathedral
yesterday afternoon, during divine service, and was listen-
ing to the chanting, when I saw the flounce of my drew. up
and the hand of the prisoner, who was standing by my side,
in my dusts pocket. I did not think I bad lout wiling
at the time ; bat, on my daughter asking me if I had,
I mimed my pans, containing about 9e. 6d. ; we
followed him out, and my daughter caught hold of him,
and detained him until a policeman arrived. The purse
produced is the one I lost. It was picked up empty. The
money consisted of two half-crowns, a florin, two sixpences,
and, I think, one shilling.
Mrs. Bryan, the daughter of the last witness, said—l
wag with my mother, and saw the prisoner near
us. Ile tried my pocket twice before be attempted
my mother's, and I moved sway, and each time
be followed me, but from his appearance I thought I was
mistaken. I afterwards saw him with his band in my
mother's pocket, and he drew something out, but I could
not see what it was. There was another man with him,
and they were going sway, when I followed, and heard
the other man- ask the prisoner what he had got,
sad hie reply a, " Only • beg." I then stopped
him, upon whith he passed something to the other
man, and I requested him also to accompany me with the
prisoner back to the cathedral. He said he would, where-
upon • dispute arose between them which should go beck
and as I mew the primmer wanted to get away I mired hold
of him, and held him till the police came.
Romaine, 278—1 took the prisoner, and found on him
two half crowns, a florin, a shilling, two sixpences, a three-
penny piece, and twopence in copper money.
Mr. Beard said the prisoner was out of work, and had an.
tenni:lately fallen into bad ,ompsny, and so been teiupted
to commit this offence. The facts were inoontrovertible,
but as theprisoner waa not known, he asked that he might
he dealt with summarily.
Aldermen Hale said there bad been so many robberies of
Lie in the cathedral, that he should commit the prisoner
for trial as it was a very clear case.

MARYLEBONE.
ROBBEET BY A CLEM.

Edward iiiintiiarrelt,7resPectal;l7irMsed youth,
aged 17, wm placed at the bar, charged with having stolen
two separate sums of 361. 45., and 261. 125., the property of
Gray and Dingo°, organ-builders, 370, Easton-road, to
whose service he was a clerk.
The widows against the prisoner was quite conclusive as
Ulna cat. He was sent with the amooote shaded to,
with directions that be was to pay them into the Unita
Bank of London, Argyll-phial, Itegeet-street, bat not having
dose so, he was given into custody yesterday erecting, and
conveyed to the station-house, where be was searched, and
In his personas were found 16/. in notes, 10s. 9d. in
silver, and 51d. in copper, also two cheques for 8 guineas
each. After the charge was entered against him, Sergeant
Mulvany, 8 8, went to his lodoincei is larkhall•
Clapham, where be discovered in &drawer about 81. in gold
sod elver, an open-glass, a teleecope, • small pistol loaded
and capped, • silver vinaigrette, sod a pair of dumb belle.
It was clearly shown that the book had not received the
items named by Mr. Davison.
The prisoner bad no questions to ask either of the
witnesses, neither did he make any defence.
At the request of prosecutor the case was summarily
disposed of, and Mr. Yardley committed the prisoner to
hard labour in the House of Correction for six months.

WEB TMINSTER.