The Express.
London, England, 1862-06-21 00:00:00

JUNE 21, 11462.

Lab) intelltgenu.

COURT OF PROBATE AND DIVORCE.
Ana 20.
(Before the Judge Ordinary.)

THE QUEICeB PROCTOR P. RILUAIIB.—THE BTZPRIT IiORDZI.
This morning the ease for the defenilaut, who aaserted
that he was the lawful nephew of Mary Kineley, the old
woman who was murdered by James Mans, at Stepney,
in the year 1860, was resumed, and additional evidence of
the kind tendered yesterday was given. A oertitioete was
put in of a marriage contracted in 1780 at St. Dunstan's-in-
the-East, between Samuel Williams and Mary Poupare,
who it was suggested were the parent* of Mrs. Emsley and
the defendant's father.
Mr. Macaulay . Q.C., then addressed the court for the
crown, and saidthat he should adduce evidence to impugn
the legitimacy both of Mrs. Emsley and of the defendant.
The learned gentleman called
Mr. Bigg, a minister of "the catholic and apostolic
church," who said he had known the deceased for about
four years. She occasioually attended witness's chapel a
Biehopegate-street ; and after her husband's death she used
frequently to talk to witness about her affairs. Was ow
intimate and confidential terms with her—very much so.
She did not say much about her relations ; but she frequently
stated that she had no one that she cared about, and that
' all her property would go to the crown. Witness used to
I laugh, and she would reply, " Ali, you may laugh, but it
will will indeed." The only relation that she ever spoke
of, that witnessoould recollect, was a niece that used to do
a little collecting for her—Mrs. Cots.
Crcescaiunined by Mr. O'Malley, Q.C.—The "catholic
and apostolic church " was SOIZIOWDOB stigmatised as the
lrvingite body ; but that was an offensive and untrue terse.
Mr. O'Malley had known Irving, and regretted to hear
that his name was regarded as offensive by any one,
Witness's rank was that of "pastor. Had received a
regular ordination. Was a widower. Bed _ proposed
maniags to Mrs. Emsley a dozen times. Could ant
say that be had ever been directly _ refused.
She used to say the affairs were sot settled. Did not de-
pose at the inquest that the het tame she said " No" to
him, he replied "God's will be dose." Their intercom's*
always began in God's fear, and always ended with " The
will of the Lord be done." Wes ant always "at her " to
marry him. Was not prepared to ray when ha tint men-
tioned these declarations of the demised. Had told Mr.
Bose, Mrs. Emsley's solicitor, that he bad never received
anything for his services to her. It was certainly not her
roteatioo that he should nut be paid. Mr. Bose did not
tell witness that if the crown got the property, hie ser-
vices would be considered. Would swear Mr._
_lkea had
never told him that the claims of every one would be oen-
aidered by the crown. Looking on this or any other court
as a honourable ore, witness was satisfied that it would Doi
let him go unremunerated for the services he had rendered
the deceased. Expected that whichever succeeded, the
crown would eta him remunerated. Had never suggested
to the deceased that she should make a will, but had told
her that if anything bappenei to her. he was sure she would
not feel comfortable to leave him destitute. (Great
laughter.) She often spoke to witness about making
her will, and said, " What shall I leave you 1"
He replied, "It is not for me to choose." There
was no necessity for witness to press the making of the will
on the deceased. It was a mere volunteer on witness's part.
Knew that the deceased would not die comfortably if she
made an provisioo for him ; and he did not believe that she
did, if she west:Misch:OM at all when she died. She was a
MllOll more likely to outlive witness that witness her.
Witneas's motive was not mercenary—certainly not. Hu
motive was to do her all the good he could, and be bad done
it. Had rendered her all the good be was able, both in
spiritual and in temporal matters. Would that she had re-
ceived more of better threw ! (Laughter.)
Mr. O'Malley—You mean, " Would that she had made a
will!" (Laughter.)
Wham—Yon may my so—l don't.
The Judge—l think that the jury and I may say so.
(Imighter.)
Witness had wished to elevate the dammed in life.
(Laughter.) Did not go to her after chapel on Sunday
nights to make up her accounts—certainly not. Did visit
her on Sunday evenings, but did not look at her books on
those occasions. Kept a private book in which be entered
when the rents became dus, in order that he might know
when he should have occasion to write out receipts for her.
Had lunched at her hour. .

Mr. O'Malley—Did you ever have any pineapple ram
there? (Great laughter.)
Witmer thought the question wee a little inquisitive. Did
not know that she had any pineapple rum. Could not
remember having any rum at all at her home. Had taken
a drop of beer with her.
Mr. IL A. Simmeinds had been trustee to Mrs. Emsley
under her marriege settlement. Deceased had asked him
to be an executor. Said she intended to leave her pro-
perty to charities, as she had no one particular to bequeath
her money to. She said nothing about her relations.
Edward Employ, an inspecting messenger at the Charing.
cross poet-office. was a brother of the ileceemed'e husband.
Could not gay how she came by her property. She had told
lamas that if she made no will her property would go to
the crown. Never heard her mention the Williams family.
Had heard her speak of a person who she said was bee ball-
sister ; but could not recollect that parson's name.
Cross-examined—She told witness that her property
would go to the crown not a mouth before she was mur-
dered.

Thomas Emsley, another brother, was a clerk is the In-
land Revenue-office. The deceased had told him that she
would make a will in favour of himself and brothen ' • add-
ing, " If I don't, the Queen will get my property; and I
am sure 1 don't want that, Thomas."
Cross-examined—Collected her rents for her ; but was
not_ paid for his trouble. Was promised payment by Mrs.
Employ, but did not believe her. Believed her as little
when she premised to make her will
Mr. William Rose, solicitor to Mrs. Feeder, had never
heard that the deceased had any relatives till after her
death. She bad consulted witness about making a will
She said she was desirous of building alms-houses, and she
stated that she had no relations. Communicated with the
Solicitor to the Treasury about a week after the discovery
of her remains.
Crossammined—Held several equitable mortgages over
the deceased's property. Was preparing to sell when a bill
was filed by the defendant against witness charging him
with being about to effect a precipitate sale, without having
nude advances to the deoeued. Answered that bill, and
denied that defendant was heir-at-law. Did not allege in
the answer that the deceased had made any atatement about
having no relations. Put a great deal more in his answer
than his pleader thought judicious, and it was struck out.
Was aware that the crown did not redeem mortgagee.
Told Mr. Reynolds that he should pay the balance into the
Treasury to be divided amongst the natural relations.
Benjamin Fawley, brother to the previous witnesses, gave
evidence similer to theirs.
Elizabeth Ann Bachelor, daughter of the Mrs. Colchin
already referred to, said her mother's maiden name was
Spencer. The deceased was witness's aunt. Lived with
her four yeere when she was Mrs. Jona. Then the da-
mmed apprentioed her to the top-making business. Wit-
ness's father's name was Druce. Had two brothers living.
Her mother used to call Mrs. Emsley her half•ister. She
said they had had two fathers and one mother. The witness,
her aister.in-law Elizabeth Druoe, and her brother William
Deuce, identified a book produced as having belonged to
their mother. It contained entries in their father's and
their aunt Ann Sreocer's handwriting.
The court then adjourned.

COURT OF BANKRUFTOY.—JuNz 20.
(Before Mr. Comraisrloner Foublanque.)
IN RS AUGUETUE NEWTON.

The bankrupt was a barrister, of Cureon-street, Mayfair.
He recently applied fur and obtained his order of discharge,
but this being appealed against, a rehearing was directed on
the ground that notice of the sitting had not appeared in
the list exhibited at the door of the court on the morning of
the sitting. The matter now came on for rehearing.
The official assignee, in his report on the case, states that
the debts amount to 3,1501., and that the creditors are 149
in number, comprising upwards of 70 trades, including four
talon, four milliners, three hosiers, two drapers, three
sZrrs, three poulterers, six wine merchants, nine
,ceand six moneylenders. There were no mods. His
creditors bad supplied household furniture and other goods
to the amount of 2201., which property had nut been
amounted for.

The Commissioner said what weighed most on his mind was
this—that with an experience of three insolvecciee, under
owe of which the bankrupt was discharged from a very
heavy amount of debt, he should aWI have persevered in
an unjustifiable course. From this date of the deed
of settlement be was denuded of all property ; and
it did not appear that be bad any regular occupa-
tion or profession that would justify his incurring debts ;
notwithstanding that, there was namely a description
of trader who did not appear in his schedule, from Hunt
and Haskell, jewellers, down toa little milliner, whose debt
was 225. Too necessary conclusion was th►t those debts
bad been contracted without reasonable probability of his
hang able to pay them, and that the expenditure had been
excessive and unjustifiable. As he had been two months in
prison the discharge would be suspended for ten months
from that date.
The bankrupt asked for protection.
His Honour would say nothing about protection one way
or the other. He did not know what protection meant
under the new act.

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