The Express.
London, England, 1863-12-15 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
Is THE GOODS OP THE RIGHT ROL EDWAID ELLICE,
DECLARED.

The late Mr. Ellice, in the year 1851, executed a Scotch
testamentary deed, having reference to certain pecuniary
liabilities in which his son had become involved. In 1854
be noide a codicil, in which he directed that bis brother,
Mr. Russell Ellice, sad hie eon. Mr. Wm. Ellice, should have
the gratuitous nes for their lives of any sums of money
in which they might stand indebted to his eatate at the
time of his decease. The cause for which the deed was
executed passed away, and in 1851 the testator destroyed
the document in the presence of his son.
Dr. Spinks now moved, on the part of Mr. Ellice, jun.,
for letters of administration with the codicil annexed. As
a general rule, the ,sneelling of a will operated as a revoca-
tion of all codicils upon it, yet it was settled law
that the latter would stood good if their object were wholly
disconnected from that of the principal document. In this
case the codicil bad had oothiug whatever to do with the
deed ; the reason for the one had ceased, whereas that for
the other was still continuing ; and, finally, the only person
in the world that could be interested in cancelling the
codicil was the one on whose behalf be applied to the court
to have it pronounced valid.
Sir J. Wilda thought the 'application might be granted.
The object of the testamentary deed was to prevent the
testator's estate from falling into the hands of a railway
company, and to provide Mrs. Elliee and Mr. Elite., jun.
with an income of 1,000/. a year each, while the trust;
in the document were being worked out. The
impending calamity having been avoided the deed WS/
destroyed. As for the other paper, though it was properly
called a codicil, it had really nothing whatever to do with
the earlier instrument. The apppplicant might therefore take
administration, with the codieilannexed.

COOKe V. coon' (ocean).
lo this case the Judge Ordinary, by °orient, allottel to
Mrs. Cooke pemanent alimony at the rate of 2601. a year.
The petitioner, who eras the wife of the rector of Seiner,
Norfolk. had obtained a judgment separation on the ground
of cruelty.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

(Before the Recorder.)
FORGERY ON MI MARQUIS OI ANGLESIY.
Frederick George Reeky, 27, moldier, wee charged upon an
indictment with having forged and uttered • bill of ex-
change for 1,0001., purporting to be accepted by the Mar-
quis of Anglesey.
Mr. F. B. Lewis proeecuted, and Mr. Sleigh defended the
prisoner.
The prosecutor was the Marquis of Anglesey, and the case
will stell'be fresh in thp recollection of the public, the de-
tails having Very recently appeared in the report of the
proceedings at the Mansion-bouse police court.
It appeared that about the beginning of November
the prisoner, who represented himself es having held the
position of captain in the 60th Rifles, went to Idr. Wylde,
• gentleman connected with the Alhambra Palace, and ob-
tained from him the sum of 101. upon • bill of exchange
for 1.0001. The prisoner was afterwards introduced to a
Mr. Peters, • commission agent residing in Islington, and
directed him to release the bill and pat it in • channel for'
discounting`. Mr. Peters paid the 101. and obtained the
bill for I,oook which he took to Mr. Anthony, • 'elicitor
in Cannonetreet, but in comemienee of the signature "Ux-
bridge," and the acceptance "Anglesey," being written in an
erasure ; the bill was returned to the prisoner. and be was
told that it was invalid. The prisoner said it did not
matter, as be could get another bill, as he was on very
intimate terms with the Earl of Uxbridge and the Marquis
of Anglesey. He made an appointment with Mr. Peters,
who met him two days later, when the prisoner took him ;
another bill for 1.0001., purporting to be drawn by the Earl
of Uxbridge and accepted by the Marquis of An-
glesey, and node payable at Masers. Hoare'. Bank. This
bill lir. Peters took to Mr. Anthony, who declined
to discount that also in comequence of the date being written
on an erasure. Mr. Peters met the prisoner again, and told
him that the bill was in error, and the prisoner then said he
could easily get another. Mr. Peters having intimated that
be thought he could get about 1,5001. discounted, the pri-
soner said he would not like to ask their lordships for the
stamps, but if he, Mr. Peters, would get the steams, he
would fill them up and get them signed. Mr.
Peters got the stamps and saw the prisoner fill
them up, and they went together to the Junior
United Service Club, where the prisoner said he had
an appointment with their lordships, and would get them
to sign the bills. The prisoner went into the Junior
United Service Club, and after • few moments returned,
saying their lordahips were not there. but he would go to their
madman in Pimlico, and he arranged to meet Mr. Peters
elhileitbtriig The prisoner then left fur the ostensible purpose
of the signatures to the balm, and returned in about
an hour, which Mr. Peters thought was rather soon,
with both bills, signed "Uxbridge," and accepted "Angle-
sey." and he said he had men them signed himself. These
bills were taken to Mr. Anthony ; but from inquiries which
were afterwards made they were found to be forgeries. The
prisoner was afterwards apprehended by detective Haggett,
when another bill, purporting to be accepted by the Earl of
Westmoreland, was found upon him.
Mr. Sleigh said, after hearing all the facta, he should
decline to occupy the time of the court by addresaing the
jury, but urged upon them if they had any doubt as to
whether the prisoner forged the bills himself or uttered'
them with • guilty knowledge, togive him the beee6t.
The jury deliberated for some =Mutes in the box, much
to the utoeishment of the Recorder, who told them that if
they had any doubt they had better retire to deliberate,
and after a short absence they returned into court and de-
livered • verdict of Guilty.

The pnenner was afterwards broufht up for judgment,
sad switenced to six Tears' penal servitude.

THE POLICE COURTS.
(THIS DAY.)

CLERKENWELL

ATTEMPT TO MURDER • MOTHIR.-8110CEIN0 CAME.

A sullen morose-looking fellow, about 24 years of age,
who gave the name of Alfred Dunn, and described himself
as a coal-merchant's labourer, was charged before Mr.
Barker with beige drunk, and assaulting his mother, Mrs.
Sarah Duo°, of 8, Honore-road, Holloway. The primmer
was further charged with attemptiog to murder his mother
ea Wednesday last.
The coniplainsat, a careworn, respectable woman, with a
benevolent cast of oonsteemee, said that she very much
regretted to have to appear against her moo, but she was
compelled to do so, as she was is danger of her lifer owing
to his drunken, dissolute habits. On the previous
morning, between the hours of 12 mid 1, he retuned
home the worse for liquor, sad bermes she re-
monstrated with him about his having stolen some of the
food belonging to one of the lodgers, lars called her meat
abominable names and pushed and hit her in a very violent
manner. The effect of the prisooer's ill-usage was that
be had hurt her head, arm, sad hip, sod she wee POW
suffer* great pain. She was afraid of the defendant, as
be bad three times threatened to take away her life, and it
was only last week that he had attempted to strangle her,
sad on the Wednesday he took up a knife and swore a
dreadfnl oath that he would murder her. She regretted
that the defendant was an idle fellow, but each was the
sass. nod he expected her and her aged bushood to work
for him, and if they did not find him money for beer and
tobacco he made use of the most fearful oaths and
threatened both their lives.
Mr. Barker inquired if the defendant had ever before
been is custody on a similar charge.
The complainant, with tears in her eyes, mid that he bad
been tour times in custody. She did ant want to punish
him. All that she required was that he should be bound
over to keep away from her.
Mr. Harker—And you can swear that you go in fear of
your life from the defendant's violent). and threats?
The complainant—l shall be afraid to return home if ha
II sot restrained in some way.
The defendant (who pretended to cry, and who blubbered
like • spoilt child) said—Oh, dear mother, I hope you will
forgive me this tim., and I will never do so any more.
Upon my word mid honour I won't.
Mr. Harker remarked that be would take care that the
defendant did not do so for some time to come.
grancia Dye, one of the lodgers, said the conduct of the
defenifint was very cowardly. As soon as be (defendant)
returned home he struck his father a violent blow, sad
then struck his mother, and said he would strangle her.
He had seen thedefeodant take op a knife and threaten to
murder his mother.
Mr. Barker—When did he threaten her lad?
„._Witnner—He did it once or twice last week; but he bin
frwineat habit of doing so, and if he be sot restrained I
ani dmid that he will carry his threats into execution.
Mr. Barker—Does the prisoner ware hie own livelihood?
Wilma; —No. He frequently gets intoxicated, and waste
his fatter and mother to support him.
Mr. Barker—And they are respectable, hard-working
people?

Wituas—Yee ; and are at work early and late, to be able
to Per their way in the world.
Police-coodable I,', N said that when he took the
defendant into custody, the complaioant was is • very
feeble state from the effects of the defendant's unmanly
violence. Ths defendant was • drunken violent fellow, and
hod been previously three times in custody for
molting Ilia mother and father. He had also suffered six
nimbi' with hard laboar in the-Howe of Correction for
i'loof. Re wu a strong hearty fellow, and could
t work if he pleased, but the fact was that he would
net work, sod all that he desired was tout drunk and bully
sad assault all those who could sot help theateslres.
• The defendant, who agent pretended to cry. said if he was
•ohiaen he would serer threaten or hit his father or mother
myY more. He would be a good sou.
r. Barker characterised the conduct of the defendant as
cowardly and anomaly in the extreme, and ordered him to
lad two respectable sureties in the sum of 101. each to keep
t_toP•acti for six calendar months, and if. at the expiration
that Period, be ague went near his mother sad threatesed

her, she bed better oome to this omirt, sad she weld be
protected.
The prisoner, still making a great mime es if be wee crying,
was thou removed.

M ARLBOROMIFSTREET.

SHARE Llkir&-(THIS DAY.)

Two o'CLooz.

The railway market is firm to-day, and an advance
has taken place in prices. Great Northern stook
has improved 1 per cent, Lancashire and
Yorkshire it, Midland and South Eastern
1, and London and North Western, Great
Western, and Caledonian, 1. The fortnightly
settlement will be concluded to-morrow.
London and North Western stock is now quoted
107 k to g ; Great Western, 64 to ; Midlami,
1281 to t; Lancashire and Yorkshire, 1091 to 1 ;
Great Northern, 126 to 127 ; Caledonian, 1171 to
1181 ; South Eastern, 96 to ; Great Eastern,
49 to 1 ; London and South Western, 1013 to
102 ; and Metropolitan, 1111 to 1121.
Very few transactions are reported in colonial
and foreign railway securities, and prices generally
are unaltered. Delhi stock is better, while San
Paulo shares are rather dull.