The Express.
London, England, 1848-07-27 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY ';7, 1848.

2 to 1 eget Buseot Boat. I to 1 ::gat Red Hart, and 3to I asst
Sagtheit, hameity made all the running, and won easily bye length.
The thleM.ess of the mist presented our tisosing this race.
I-ATEST BETTING.
Tun Crr.—Ellen on Van Tromp; 5 to la pt Chanticleer ;
re 1 SO Fite FjmuuS
13T. Lsons---6 to 2 each offered apt Surplice and Springy
sad 4 to 1 sod Justice to Ireland.
DIIILIY.-14 to 1 apt Tedauur (1) ; 20 to 1 apt Honer
°comb.
In our liet of the party at G-odsvord Howe wa have to
add his Highness Prince Frederick of of
Damn Ertmow, the
Earl of Roselyn. Mr. and lad? tiophia Des Vteuz, Lord villiers,
Lsrds William and Arthur Lennox, Mr. Lloyd, Mr. Augustus Fitz-
roy, and Lords Henry, Almandor, and George Gorden Lennox. The
party at the Earl of March's (Mulecumbl cuuskts of Sir Hobert iSTOWLI.
rigs, Mr. Col, Mr. Albert Ricardo, and Mr. MUM
An unfortunate accident occurred et Chichester in the
MOrliillg. One of the conches, on Ito way out character town, was o.'eT-
turned, ant: falling tin ...ferry," a well.known on all race.
MIMS, crushed him to fearfully that no hopes of his recovery are
entertained.

INTELLIGENCE EXTRA.—NEWMARKET FIRST OCTOBER
kIEk;TINO, IS 18.—FUCIST.
Lord Eseter's Carindma, 6 yrs, rist 71b, apt Sir J. Ilawley's
Tourby, 2 yrs, Oet 710; T.T.C.; 200, O.R.
Lord Exeter's Swordplayer, sgst 031. Sesordris, 84 710 sash ;
D.M. ; 290, O.R.
Sir J. Ilsrisley's Liston, 84710, apt Duke of Bedford's
7st 1310; Criterion Course; 200, O.R.
SECOND OCTOBER MLETLVO, 1818.—F81DA C.
Duke of Bedford's Mints apt Mr. PAple'S Germs, Set 410 each;
A.F. ; 200, hit.
HOUGHTON MEETING, 1818.—WrIVISPDAT.
Duke of Bedford's Justice to Ireland, list 71b, apt Mr. Payne's
Giendower, A 4 207; A.F.;
Ile match in Ws inestius; between St. 111013 a and Alain I. for

2Cd, h.tt.
ICEWMARKF.T, 18 0.
The following sporting races Ease been made for the Second Octo-
ber Meeting. laid;
SWZILMTAKIIII of 1.000 noes each, 40 ft.; A.F. Lord Eglinton'A
Von Tromp, Sat 121 b; Lord elifdeu's Surplice, Sot. Mb; Duke of
Bedford's Justice to Ireland, ltd 131 b.
1,000, h.ft.;Lord Egllntertis Flyiag Dutchman,
got 710 ; Lord elitism's klonescomb, Sat 41b.

YAW Entelltatncc.
EQUITY COURTS.

Before Vice-Chancellor Knight Brian.
LORD BROOKE O. EARL or WARWICK.—EXONICIIATIOH
OF M01(70.10E1) EsTATES WHERE RESIDUE IS FEQUEITHEL`
FREED FROM I.4I:IO.—TELBSCOVRS, HOUSEHOLD FVENI- •
TURE.—This suit was instituted by L-rd Brooke as the resi-
duary legatee, under the will of the late Lord Monson,
against the Earl and Countess or Warwick, the hitter of
whom had under the will a lift interest in the mansion and
park at Gatton, and the furuhure there, and against the
present Lord Monson, who is entitled in remainder to the
elation estate, and against several kgatces under the will.
The principal question was whether a mortgage of
21,0001. to which the Gattoa estate was liable, was
to be borne by the estate, or by the residuary
personal estate. The testator by his en% devised an estate in
Lincolnshire upon trust fur sale, and for payment of the
mortgage upon the Gatton estate, and subject thereto upon
trust to pay the testator's other debts, and his personal and
testamentary expenses and legacies. He also bequeathed to
trustees all debts due to him, and secured by mortgage bend,
warrant of attorney or other specialty, arrean of rent and
other specified per: oval property upon similar trysts to those
of the Lincolnshire estates, except that the general debts
wire payable first: nt of tlie proceeds, and the encumbrances
upon the Gatton estate a in the accord pace. In she devise
of Gatton, the testator gave it freed and discharged from all
hie debts and all his annuities and legacies. He also be-
queathed every specific legacy freed and discharged ?tom ell
his debts and all his annuities and legacies : and after giving
various pecuniary legacies, he pass and bequeathed, freed
and discharged from all his debts and liabilities, and the lega-
cies therein before bequeathed, ad the rest and residue of his
personal estate whatsoever. There were further questioneys
to whether a bequest of all the testator's family diamonds i=d
other jewels would pass masonic orders, and whether
the bequest of all debts due to the testator. and secured by
mortgage, would include a debt of 17,0001. secured to the
testator by a deposit of the Poniatowsky gems, with •
written memorandum fixing a time for payn.ent of the debt,
sad cmeowering the testator to sell in default of payment.
—Mr. Bacon gad Mr. L. Shaded' appeared for the plaintiff;
Mr. Kee and Mr. De Gee for the Earl and Countess of
Warwick; Mr. Wigram and Mr. Greene for Lord Monson;
and Mr. Freeing for other parties.—The Vice-Chancellor
held that the words exonerating the residuary personal estate
from the payment of debts, when taken in connexion with
the g fta of the other property, similarly freed and dis-
charged, were not sufficient to exempt the residuary personal
estate from its liability to pay oft the mortgage debt of
21,0001. *flitting the (Litton rotate. His Honour, therefore,
decte:ed that Lady Warwick and Lord Munson were entitled
to have the estate disencumbered accordingly. The decision
rendered it unnecessary to decide whether the debt secured
upon the gems could be considered a debt secured by
mortgage, as to weed' his honour had some doubt, because
whether the debt was comprised in the specific bequest or in
the residue, it would in either case be applicable'
for the purpose of disencumbering the Garton es-
tate. His Honour was also of opinion that the Ma-
sonic orders passed under the bequest of " other jewels,"
and became the property of Lady Warwick for her life, and
of Lord Monson after her death. Other questions raised in
the cause and argued were, whether a bequest of all the tes-
tator's household furniture, wines, implomenwof hous.hold,
how, boll lioen,picturev, prints, cheek books, china, articles
of vine, horses, and carriages, which might be, at the time
of the testator's decease, in, upon, or about his mans:on at
Gamin, would extend to arieecopes in the mansion, to piSSUrell
sent away to be cleaned, to turniture removed for tho pur-
pose of being repaired, and books sent to be brand, now of
which were in the mansion at the testator's death ; and whe-
ther
the bequest would ciao 'vend to marbler.purchat ad a t
Leghorn for the mansion-but v high were on their voyage a t
the time of the testator's death ;. a pictt ire, by Wynante, ale
purchased for the manska, but not taken thither before thi
death, and to various new srticles of furniture ordered. bunt
not Fent home.—The Vice Chancellor held that the telereopo
and the property removed from the scansion .Sr temp wart •
purposes passed, but no, the articles which had never beer
there.—The Poniatowsk y gems were -ordered lo be so'i, bee
private contract, with the. approbation i f the MAW.

PRERO lIATI E CC CET.
Before Si alert:wet JenneWest.
GRIM INS AN ANOTHER V. R AND Crthicermn.--
The Queen's advocate °l aced the ple.uldigs of this case on
the Gth inst. The poin*ein dispute wi s the validity eft the
will of the late air. tarry.lt no eared that the testator
was once a clerk in the Dank of Breland, during which
period ho had exhibited a strong preselection in favour of
theatricals. This invo`Wed him in didlcultice. At ths insti-
gation of his lather he mlinoniahed the engaimmenta he hadabrad
enteral into m lessee of various then um, and retired
upon an allowance of 2001. a pees, made to him by his
father. It was durinl this period he became acquainted
wall a lady of the name of Miss /diary Draper, who used to
riset hint in tis &emetic lompositions, and for
whom he evinced a great regard, and used often
to would.say he wou' do tom .ething for her for the
services which she had rendered ,u him. Upon his brother's
riaath he became. yommed of he ege property, and in July,
his was declared of unso said mind. A commission of
lunacy was taken, out against I aim, when he woo declared. to
have been so Iran March of that year. lie was then put
under the care of Dr. Seaton , at Stoke, near Coventry, in
Warwickshire. Ike gradually neovered from this aberration
of miud, though he still COI Aimed to live under the
roofr of a
Dr. Seatou's mablishment. it was at this period he e
will, sad appointed Mary ',haw and Mary Ann Crabtree—
who had acted as his see /ant and interpreter when in Nor-
mandy—his executrices, cad bequeathed 401. enmities to
ach of tn..= His prop esti was estimated towse, woeteen eighh
t ,
and ten thousand poun as. He bequeathed ho
8001., to Dr. Seaton, and the remainder to his ester, Mrs.
Grimani. lie foqueratly expressed a wish that the commis-
sion of lunacy might be revolted since his mental faculties
had rektrued, taut this was never done. The learned advo-
cote, order such eizeamstences, prayed the court to grant
administration to these two parties to the effects et the
teestator.—Dr. A ddann, on the part of Mrs. Elizabeth
Gemini, who was the testator's sister, contended that
the evidence was not sufficient for the exigencies
of the case. The testator hail beer. found a lunatic,
and was ple.ced in the safe custody ri the party under
whose eye %he will waa drawn up and emouted, and to whom
hc hcques'..hed his house at Islington, these were the only
parties who were brought forward to:;apport the will. lie
now prayed the court to revoke the will, end grant ad-
ministration to Mrs. Elizabeth Grimani, as the only
sister and next of kin to the testator.--The Queen's
A'avocate and Dr. Harding Itaring addressed the court
On the part of Mary-Ann Crabtree, and Dr. Addiems, with
whom was Dr. RObtitSoll, having replied, the court gave
judgment, aril dwelt particularly on the conduct of Dr.
Seaton, who had the total or under his own roof as a patient,
from the authority of a kommission of lunacy. There were
four of the witnesses who formed part of Dr. Seaton's
family ; their evidence must be looked at with less coefidence
than that of Dr. De:ton, Mr. Vine, and Mr. Brady, the &eli-
citor, who spoke ba the sound state of tUP deceased's mind;
but from the evidence of Dr. Seaton, that ou the night he
executed one of the papers ho wus in a very excited state
of mind, and up to that date he still 'dyed under the delusion
that his father had died at a very advanced age, it would ap-
pear that he w. snot restored to &sound state of mind ,memory,
and unekrstanding. Even his will, in which he bequeaths
his hooks, plate, jewellery, &c., to Dr. Seaton, sroves he
still lived in the belief that lie had a largo quantity of mo-
re rty in these artic es, and which he had stated was worth
3,0001. Now, although Dr. Seaton had agreed to relinquish
all c:aim under the w 11, still it was not dose until his con-
duct was called in question, which was on the 3rd August,
some time after the death of the test .tor, and there is no
doubt but the court would have heard nothing of this will
were it not for the legacy bequeathed to Dr. Seaton. The
two annuities would not have been Caputeel. The court
did not impute improper conduct to Dr. Seaton, who had,
no doubt, awakened an affectionate interest in the
mind of the testator ty his kied conduct to
him during the period he resided in his house
but this would not prove the testator was in a sound state of
mind, and it was said by Dr. Seaton and Mr. Brady, the
solicitor, that he was not in a situation to make a valid will,
for the commission of lunacy had not been superseded. The
court felt there had not been sufficient evidenceto prove that
the deceased had been restored to a sound state of mind, and
there:foe it must be concluded tlmt this will was made by a
person of unsound mind, memory, and unde-standing, for it
was evident he was still living under great delusions. The
court would not say that fraud had been practised, but it
must pronounce against the validity of the will, and if Cr.
Seaton had been before the court it would have awarded him
to pay the costs.
JOHNSON O. BLAINE.—JUDOMENT. This case has
already appeared in our columns, during the extended argu-
ments, and yesterday the court gave juogment. The facts
!FM/
are
these: a lady of Me Lame of Mary Lune Johnson,

lay d at Weil-wale, Hampstead, died posseined of property
amounting to 25,0001 , and bequeathed the larger portion of
it to her Iwo cousins, the Her. Mr. Blaine and Carrain
Blaine. The testatrix left other relations, one of whum, a
Mr. Johnaon, the next of kia,
now asked tO be allowed to
admiiii-ter to the property, and set aside the will, as the
testatrix was not of sovond mind at the time she executed the
will. The court held this to be very similar to the former
case, and decided against the validity of the will, the
testatrix not being of sound mind, memory, and under-

ASSIZE INTELLIGENCE.
NORFOLK a
eforeßcurr.ltarim Park—Csitsit
e.woz, JULY 25.
B htr.
JULY 25.—The ease of " Long v. Swann," about nbicb
expectatim was on the tiptoe, some curious political ex-
paws.' being expectal, was made a rkmanet ; an action
against a clergyman for breach of promise of marriage, and
two
or three specta: jury cues were settled out of court to-
day, so that the business, somewhat unexpectedly, concluded
early in the afternoon.
PLACING AN OBSTRUCTION ON A RAILWAY.-...E. Creek,
IG, was charged with placing an iron "chair" on the Eastern
Counties Railway, near Ely. On the 21st June, as a wan
named Goodge wes taking a ramble in a field adjoining the
Eastern Counties Railway, near Ely, lie taw the prisoner
busying himself on the line, and found that he was fastening
a horseshoe upon it; he expostulated with him. Shortly
afterwards witness saw the exprerk train coming ; it slackened
and jumped, and lie went to see the occasion of it, and found
an iron chair bad been forctil oft the lino by the engine,
which bad stopped.—The engineer proved that as he was
coming up with the express train he diatingui,hed am:netting
on the lint , and reversed the engine, but was too late, and it
jumped over the obstruction and fortunately came again on
the lin-. During the afternoon the prisoner paid Geodg, ;1.
visit, saying t. ere was a piece of work about the chair found
on the line. Goodge said " 1 know nothing about it, but 1
believe it was you who pl;ced it there." The prisoner said,
Well, don't say anything ; 1 did not mean any harm ; I
did it to ace how she (the engine) would act. ' Guilty.
Twelve mouths' hard labour.

WESTERN CIRCUIT.—EXETISR, JCLY 25.
Nue Penia—llefore Mr. Suattee Coleridge.
DIROLE R. BAKER.—SV.DUCTION.—Tho proceedints in
this case were resumed tide morning, when
Mr. Crowder made a powerful address to the jury,
on behalf of the defendant. He remarked on the tact
that the only evidence to support the plaintiff's case was
.14, lied hy mi others of his own family—the two daughters,
Mary .andlteheca, and their tau cousins, Maria l'opple-
stone . 4 Eli Torr—and that he had Putiicient motive to seek
to injure.on for on amitull, ;he defendant, because he Lad been lined on one
occasion
entirely from the eviderce of Mr.
Baker, and i'c (Dingle) had been heard to use threatening
expressions t0,,-ards bim. Ile called on the jury to disbelieve
ma" Dingle. eLser they should have before them evidence of
iv
the most coaelui e li:dela, contradicting her in every
an which she had been cross-examined.
minute particular,
The
touted counsel at great length scrutinised the case tor',
the plaiatiff, dwelling on the discrepancies already existing, '
and those which he out' mined he should establish by the feel
lowing wintesses :
Loveday Churchill, the wife of William Gilbert Churchill,
a dyer, living at Exmouth, knew Mary Dingle and Eli Torr.
In October, 1346, they. ca. it to her house and engaged a
bedroom at 4s, a week in the name of Mr. and Mrs. Wilson.
Tore said he war n land einvey or, and he wanted the lodging
for hie wife. llet left the same day, sad some time Mier,
wards, ou a Sunday, he returi ted, and stayed with Mary
Diogle until the latiowin,r moniiiig. In the evening they
went to church together, and on their return retired to their
room, and did not came do vn stairs for tho night. About a
fortnight before Chriettnas 't ore came again, and after taking
tea they went out. Tat" did i of return until near 12 o'el..sk,
ar.el after they had withdrawn to their room witness heard an
accordion played, which. Tore had brought with him. On
both occasions'forr left lir bootsot Aside the door to be cleaned,
ao that be could not hero' lett Ose house, re he bad •ewors
he did. The next mooing wittier heard the accordion
played again almost as aeon Mt it was light, and her little
girl went into the room. .I.lter larea.kiest, witness helped to
snake the hed,in which, by all rape, acianee, two persons had
slept. That day Torr lefs,. and after he wee gonnd e, s3le h
15s. dis-
covered that a desk had !wen broken open, a.
stolen from it. In the course of several c onvereatins
o with
Mary Dingle—shas Mrs. Wibon—phe told *t
o a Reese it was a
ronaway match i her lather aas guardian young man,
named John Crimp, who wosid have married her alter be
knew he was in the family wl.l, but she would not let him.
[Mary Dingle hail denied all th 4.1
William Gilbert Churchill, the husb last
and of the
il
win:sees, beard Mary_ Dingle and Eli Torr—whom ht
then knew only as Mr. and i Sri. Wilson--conversing in
their room after they had ret lied, on the two occasions
when the latter came to Eamon tk. On dilferent occasions
Mrs. Wilson told witness that 1 er father was very much
against having this men, that C. -imp washut wiry f
would nind of heut
r,
and would have host her at any ime, se
have him because he wee, a fool ; that Sir Henry Seale, out
of regard for her father, who was 'cold tenant, had pro-
at
cured a ittration for her husband land surveyor
Brighter.; that her husband had • dozen shirts when thi y
were first married, but going about a it inns and having them
washed, Ise had lost all but tan e. (These statements
were the fruits of an iueentive 1 tenius, having no exist-
ence in feet, and which Mary Dir gle had deniedity her
wow examination.) Respecting the low of the at. 15s. from
the desk, Mrs. Wilson insinuated th at another man was the
thief; but when witness charged her with it, and threatened
M send for the police, she said, " Fo t God's sake don't till
my father that I robbed you, but b ring it in as a debt."
,labsequently her friends refunded t he money. On disco-
wring` Mr Wilson was Eli 'Ton, witne as went to Exeter, and
is the presence of his wife divulged h is proceedings. Mrs.
Tore said, " A. pretty villain aces mus. . he to sleep with your
own cousiu." Ton said, "I. did sot e rep with her. I slept
cm the mattress."
Eliot Churchill, a little girl, 12 ye: in f age, daughter of
the last two witnesses, remembered : drao. Wileti lodging at
bar father's house. One mu: sing sh e heard the accordion,
and sho dressed herself and w -rd. into Mrs. Wilson's room to
bear the muses. Mr. and Mrs. Will an were both in bed.
Mr. Wilson was playing the accurilior „ and had an his shirt.
tvitneas stayed abo-ut an hear, list. niog to the music and
trv.nit to light the fire. Mr-i. Wel on begets to dress, and
told Mr. Wilson to get up. He Rai. Ibe could not ; he was
Creel. Mrs. Wilson took her night• ap off her head and put
it upon Mr. Wilson's. Her mother scolded her finely when
see knew that Mr. and Mrs. Wilt en were not up. [Tessa
denied upon his oath that he ever PI nr. with Mary Dingle.]
.1. W. Danaerel, a farmer, livinf ; a mile and a halt from
Week-gate, stated, that one even inc in March or April,
.845, he was returning home from Dartmouth, on horseback,
and, in naming the gate, he ohm reed Mr. Baker in eon.
veraatiod with Mary Bindle. Wi mess spoke to Mr. Baker
and Mary. Dingle, and Susan, her • sister, said he had better
mind its own business. Mary 1 ainele was not crying, nor
did *Anew quarrel with Mr. II aker. (Mary Dingto had
sworn. that when the defendant • was ill-using her, atter the
Fullers on the horse, this witness came up. interfered en see-
ing sho was crying, and took of : his coat to fight Mr. Baker.)
Sauk Jane Mabbill, an aeq tiaintence of Mary Dingle,
' poke to various conversatioue which had occurred between
thew. One time she (Mary Dingle) said her father hail
spoken very rough about red. headed Rufus (meaning a gen-
tleman named Godfrey). A i. another, that elle had Faint' d
at Week-gate, thinking her lather was comfits, when Mr.
Hare, another gentleman , was with her, and he took
liar in his arms, and. 1 .id her on the bed. On another
occasion she said that ' fern Bate, another gentleman
of the neighbourhood, / tad come to Week-gate, when an•
other gentleman (Tim S teer) wee in bed with her sister,
Susan. On another occ anion she said Harry Baker (the de-
fendant) was not the fe.ther of the child—he was too inno-
cent for that ; and then, meeting a person named Gunnell,
Mary Dingle held out. bar arms and said, " Embrace me,
Gunnell; I am with bey, and it is yours." But subsequentli ,
at another time, she said she was with child by Mr. Hare
(the person she had sworn in her examination in chief as
the ins that defendnnt offered her 601. to accuse). Agaio,
she old witness he had offered to give her a dress; and being
pressed by witnesaand Sarah I)allin to swear the child upon
I him. (Hare), she said she would ant; she had got 501. already,
Wirbidist Ivyitfolißaarpekidegrnewo.:ulwlndhogcnii
fated very musk upon trivial paints.
rvose..hheee nomad,
ma n
io
it, ho teairon
.50d
ki
thin.. s bp e
aw u
butcher's l
witness d g
eecit .7.
hvaori
Several other witnesses having been examined for the de-
fence.Sirjeant Kinglake replied on the whole ease.
The learned Judge slimmed up. He diseeted the jury
not to site damages on the mere legal ground for the action,
the lac of service. They were alto entitled to give damages
on the suhatantiee matter, the injury sustained by the fatner
by the seduction of his daughter, and they must consider
here whether the father was a canto! man, and brought up
his daughter well or ill, for it would ho idle to suppose that a
virtuous girl, carefully brought up by a virtuous father,
seduced, did riot call for greater damages than if
her father had exposed her to great temptation.
If her chastity were taken away by such a practice
as was imputed of a drugged potion, it. gave a reason ,
to suppose that she was the more virtuous, and that
it was required to overcome her scruples; but, if they be- ,1
lieved the gene rat case presented by a number of witnesses. ,1
they would have reason to belies.) that this girl was pot 1
about, living in a toll•hotise, by herself or with her sister, '
in a most unwarrantable way, sahich no circumstances could
excuse, and must disentitle the lather to very heavy da-
mages. Ile observed that the connexion in the stabl
if e,
the
on
which so much stress had been laid, was iii fact a rape,
girl's story we re true, and she was as pure in mind after- '
wards as she was before. The child was born in April,
1817, and must, therefore, have been conceived in July pre-
vious ; but they had no evidence of any particular dates
about that time implicating the defendant, and if
he had nothing more to do with her after the interview in
the stable id April, 1846, their verdict must pass against the
plaintiff, because the pregnancy and loss of service would not
' then follow in consequence of the act of the defendant. His
lordship remarked that Maria Pop; lestone, by her evidence,
raised a very strong in'erence that lie!ore Mary Dingle left
Dartmouth the defendant felt himself responsible for the
child, or he would not have arranged for her to go to Ex-
mouth and furnished her with the money that was necessary;
and the character of that witness had not been at all im-
pugned, except that she was a cousin of Mary Dingle. Mary
Dingle herself he did not think they would consider a very
pattern girl, and respecting the girls Rebbill, Ingram, Hill,
Dallis, &c., he hoped the people of Dartmouth would forgive
him for saving that he thought them remarkable for dress,
ability, and person, and in no other matters had they shown
very well. lie could not put them before the jury as unim-
peachable witnesses. They were the companions and ac-
quaintances of Mary Dingle' and seemed to be pretty much
on a par; but it was too hard upon h:r (Mary Dingle) to say
that she was not to be believed in the pi incipal part of her
testimony from being reduced to great shifts to concea
of l h
false-
er
situation, and perhaps telling, a number
hoods at different times to dfferent persons- She
was undoubtedly a woman of great ability, and had told

perhaps a not altogether inconsistent story ; but if the ei-
dener tor the defsedant was to be he;issed, and whit It the
bad denied upon oressexemination, it tended to break down
her chyaracter for modesty, ,iiii tie thought for veracity. Lut
if the were unable to credit those witnesses, they ust then
co Eider whether the had otherwise madem out his
case satisfactorily, and what damages they ought to award.
At herpast 10 o'clock the jury retired, having been occu-
pied altogether about nineteen hours in hearing this extraor-
dinary case. After deliberating au hour they found a ver-
dict for the plaintiff--damages 204„

NORTHERN CIRCUIT. —Toni, Jura 26.
OMIT.
GRannltlf V. HORIIERILY. LS. MONASTF.Rir OF
N FAS 1311 ROIL The plaintiff, who is a solicitor at Batton
uyen-Humber, appeared as the knee of the Archbishop of '
N elk, who is the rector of the parish of n the county
of Lincoln; and Mr. Orations, as IE WC of heir ectory, or at
events of that part of it which includes certain lands in
rillvotjoi, ;ought to recover the tithes of these lands. The rec-
tory of Owston formerly belonged to the monastery of New
burgh. That monastery was dissolved by an act of parliament
pa.ssed in the 3lst year of the reign of henry VIII., and by
that act of perliament, if the lands belonging to that monas-
tery at that time were exempt from tithed, then, although
them onastery was dissolved, and the lands came to the
crown by virtue of that act of parliament, though in pos•
'region of the crown, rte en the ponessien of any person
to whom the crown grant them, tl,i y would still
remain exempt from the payn.ent of tithes.
nr Thedid not pos-
monaitery
of Newburgh, though it peeeessed the rocty,
ies/I any lands within the parish os Owston. On the comedistion of that monastery, in the first instance, the rectorye
;nto the possession oi the crown. Subsequently, via, to the
34th year of the reign of licnry VIII., the crown granted
the rectory of Owston to the Archbishop of York and his
virtue The Archbishop of York has, from that time, by
of his see, continued to be reePy of the parish oi
Owston ; and the rector is, prima foie, entitled to the tithes
of all the land.; within his rectory. Being to entitled,
84the
late Archbishop of York, in the month of February,
13,
granted a Inure to the present plaintiff, Mr. Grahuni, of all
the tithes of the rectory, and of all the tithes arising from all
the lands in the parish, except certain lards specified in
a schedule anise xed to the kW''. With ropect to the
particular lands in respect of the tithes horn which the
present dispute arose, Mr. Oraburn, it seemed, had been
induced to make some inanities, and had been led, in conse-
quence of the result of those inquiries, to believe that he was
entitled to the tithes due from those lands. An act of par.
Bement was passed in the last reign, by which rowers ware
given to certain commissioners to commute the tithes of ell
the patients in England, and one of these commissioners was
sent down to couninve the tithes of this particular parish,
and out of that commutation this action arose, the object
being to recover at the hands of the defendant triple the
value of the tithe, which, in the years 1813,46 and 6, were
alleged to have been illegally carried away by
him.
The plaintiff's case having been proved, Mr. Knowles
submitted to his lordship that this 11C,i,111 was
not maintainable, on the ground that it 11,1 been
proved by one of the plaintiff's witnesses that tithes had not
been paid fir the last five years.—His Lordship was of opi-
nion that that evidence was not sufficient to entitle the de-
fendant to a verdict, and Mr. Khowhs basing fit ar:aged the
jury for the defendant, the questions left for the jury by the
court were, whether the whole ot the laud occupied by the
defendant belonged to the dissolved monastery before the
di.selutinn, and whether the land was held elischtrged of
tithes. If they thought this was so, they must find for the
defendant; but if they thought this rot made out, then the
common law right of the rector would intervene, and the
plaintiff would be eutitled.—Verdiet for the defendant.
JULY 24.
CLOWN Col' RT.—Wore Mr. Justice Erie.
TIII: CIIdItTIAT
J. Johnson, F. ricory (30), 11. Waltme (3.5). W. Smith
(19), If. Whieromk. (21), J. Dotent (19), 1. Heaton (22j,
If'. Connor (31), ll'. It enterburn (20), and W. Sayan (41),
were charged for that they, on the 29th of May last, at
Horton, together with divers other evil-digtweed persons, did
riotously assemble to disturb the peace.—Mr. Kouveles,Q C.,
the Hun. Mr. Phipps, and Mr. Orcrend,wi re for the prosecu-
tion ; the prisoners were defended by Mr. Pelleck,
strutted by Mr. ltdoerts, the mien attortiey-general.—
Mr. Knewlce, havir.; made severe' preliminary taw rvations,
suited the facts which gave rise to this prosecution. The
town of Bradford has been somewhat dixtinguished for
chartist meetings, and for the last few months many of the
people of that town have been out of employ, and have thus
become the easy instrument: of designing taco, and the lei-
sure thus afforded no doubt contributed to the numbers
attending the meeting. On the 29th of May the magistrates
entrusted with the twain of that district met together.
There had been a cbarge against a person named Jefferson,
commonly known by the name of " Wat Tyler "—perhaps
from hie profession of a bleckemith—for illegal training and
drilling, and the magistrates had thought tit to take n .cts-
nary fin mores to nrocure his epnrehension ; and ace-rdingly,
on the 29th May, various officers, accompari.d I.y a leely of
eluded mutable', went to Adelaide-street for the. purpsse of
appreheueling him. They were not aucceequl. They were
assailed with showers of brick bats and other ruhaties, and
in the end they retired without effecting their object. The
magistrates, having reason to believe there would ate an
illegal meeting, issued a bill calling upon the well dispeeed
iiih-sahitants not to ensemble. Between 3 and 4iu the after-
noon the magistrates went to Adelaidestreet, attend.l by a
strong body of police and special constables, and military in
the rear ready to act. The special constables were ire ad-
vance, and they arrived first at the place, where there was a
great number of people wsernbled. An attempt
was then made to capture J: tferson, tho in non
known by the name of Wat Tyler. Stones were
again thrown at the police, and Dewhint and Brown
were very teriously injured. The first special constable
'moulted was Mr. Hailstone, an attorney, and he imme-
diately went forward and seized the prisoner Smith, fur the
purpose of apprehending him. lie was surrounded on every
side, hut notwithstanding the violence of the mob succeeded
in handing over ttnith to the custody of a policeman.
Several other of the di feudants were also taeecn into custody.
Smith, Winterburn, Vicory, Heaton, and Connor. threw
stones and brickbats; Wintemobe incited others, Downs w,a
using a hot soldering iron as a weapon, Joheson was inciting
by words and violence, and Sagar pulled a dagger out of hie
pocket. Several witnesses were then examined, and proved
these facte.—Mr. Pollock then addri meet the jury on behalf of
the prisoners. lie did rot know why this, which was a mere
ease el common riot, had not been taken to the quarter ses-
sions. lie (Mr, Pollock) was not a friend of disorder, but he
claimed for her Majesty's sun jects the right to meetto discuss
politics. The learned gentleman then proceeded to dissect
the evidence, from which he argued that there was not &cir-
que e proof of the violence alleged, and as against the pri-
soner Waken he contended there was not the sligatest
evidence.—Mr. Justice Erie summed up, and the jury, after
an absence senceof a quarter , an hour, foun
deferred. d all the prisoners
Gull'y, excepting Walton.—Sentence

POLICE .—_Y 7.fiTSSDAY.
MANSION-HOUSE. CONSPIRACY TO DEFRAUD.
Edward and Henn, Hagan were charged with having con-
spired to defraud Messrs. Young, Dawson, and Young, I y
false pretences, of copper, to the amount of nearly 500/.—Mr.
Joseph Howson, partner in the house of Young. Howson, and
Young, copper merchants, et Limehouse,said Edward Hagan
called at the couutingibouse of the firm, in George-yard,
Lombard-street, a few days before the Irish of April, to in
quire the price of copper. Witness quoted the price of the
day, and asked him whether it was for a ship or for shipment.
He replied that it was for shipment. He then asked the
terms as to credit or discount. Witness quoted the terms,
and to said he would take the creili., for he was in the habit
of shipping these things to his brother in Australia, and he
then gave the order. The firm had bad business with the
prisoner, E. Hagan, two or three sears since ; no firm stood
higher in the City of London; it was a firm
of very high standing and reputation. As he had
been informed they had gone into the Gazelle,
—Ms. F. Young said that m consequence of a letter he had
received, dated the 14:h, requiting him to ascertain whether
the firm would lighter a euantity of sheathing, he went to
the Australian Mining Company's offices, 1, Adelaide-place,
14andeu-bridge, where he -mw Mr. E. Hagan, to it
that
questi an. lie (witness) promised to let him have the dui,li-
cute warrants. The defendant said that they perhaps had
better send their own craft to Garford wharf; and he an-
swered very well, the eop; er should be ready on the following
Wednesday. On tho 7th of June he again saw the defen-
dant E. Hagan in his counting-house, who called about :i in
the afternoon, and stated that he rushed to speak to him.
The witness then went on to say: the first remark he made
was: " I suppose you have heard what has happened to us 1"
I said, " No, I have not, but I do not think it is necessary
for you to say; 1 suppose ycu have stopped payment: '
' He said " yes, we have been compelled to s:,,spend payment,
as we have been very unfortunate. Within the last two or
' three years we have lost 311,0001." He then said he thought
OUT case a very ha. d one, and that if we would ace-pt the
composition they were prepared to offer, ne would feel hoe nd
in honour to pay our dela in lull. I believe 1 replied that if
be should he in ouch a position, we would be much obliged
to him for doing as he mentioned, but I could only deal with
it as u composition, and should ascertain more particulars
st the meanie of the medium I was at this time in per-
feet ignorance as to what had been done with the copper,
the value of which was 4801. It had been sent in fiaeen
packa.es. I believe the letters of the 11th and the
14th ea April FT: in ths same handwriting, and written by
Mr Edward Hatran's authority.—Robert Jacks, of Prince's-
in, Itotherhithe, waterrnan, mid that in April last he was
the employment of William Johnson, lighterman, and he
received ins. ructions from him to go to 04-ford's wharf to
I receive packages of copper. lie received 14 eases and 0
' cubs there. lie took the copper to St. Katharine's Docks,
and left it there in the barge, the man not being able to take
it out upon his arrival the re.—Mr. It. McGregor, clerk in the
St. K ithatinc's Docks,produeed the receiving note ofthe cop-
per end the order for the warrants. It was, he said, now in the
docks.—hlr. sir Askell, of Courco-row, numerical, said ho
knew the defendant. He hail been clerk to Mr. De Sussex.
Mr. Edward liagm was frequently at Mr. De Swami's office,
and Mr. Henry 113.,;an waa eccasionally there. From the
let to the 20th of Auril he had seen Mr. Edward Hagin at
Mr. Dc Sussex's offices, but had no recollection of having
seen Mr. Henry Ragan in the course of that time. About
the 19th or 20th of April Mr. Edward Hagan rpplied to wit
tees at out this copper, stating that he was going to send
some goods into the St. Katharine's Docks, and would take
it as a favour if he would allow it to be landed in his name
and have warrants made out fir them, which he then under-
stood to be copper. Witness immediately emacated, and
said if his principal, Mr. De Sussex, had no objection, be
should be most happy to secede to his request Witness con-
sulted Mr. De Sussex on the subject, and the copper was landed
in his name and an order given for the warrants. I believe the
delivery order for five casks to be his. E. Hagan's handwrit-
ing. The order to make out the warrants was given on the
20th of April, and they were ready two days afterwards.