The Express.
London, England, 1851-03-06 00:00:00

ENCUMBERED ESTATE SALK

The only property put up fur sale yesterday before the
Encumbered hstates Commissioners was that of Francis
and Walter Butler, situate, in the munty of Galway. It
was divided into U luta, all of which were purchased by Mr.
Eyre Evans, in trust for Mrs. Anna Dorothea Patient', the•
petitioning creditor. The six lots curtain 2,640 statute
acres, part let on lease, part from year to year, awl u great
proportion of them is unoccupied ; the rent and estimated
value, as set forth in the rental, is 1,07/. 9d., subject to
381. 19s. fah. quit rent and tithe rent charity. Griffith,,' valu-
ation is 9531. 3s. 34., the poor-law valuation, 7261. Isis., sled
the total amount for which Mr. Evans was ilvelamtl the
purchaser is 11,4001., which is not within 20,0004 of the
sum due to Mrs. Putland by the property. •I'be rates of
purchase on the present net rent and estimated value varied
from five to ten years, and the average rate of purchase
upon the entire, on the same figures of "'resent letting, is a
fraction le. than 9 years', or 13 years' parch.. on Urilfith's
valuation, and nearly 16 years' purchase on the Poor-law
valuation, above reterred to. It will of course b• under-
stood by every one that the present letting value of lands
in Ireland affords no criterion by which to judge of their
real value, and that to estimate the rate of parch.. on the
nominal rents set down in the rentals would be most
Waive.

The testator was then finally mode to give 7501. COOPOIS to
hr brother, 750/. Console to a sister, sad 7501. Consols to
the children of • deceased sister ; and the proposed will
eontained no residuary bequest. That was the document
which Cooke carried in his pocket ready prepared when he
accompanied the priest on the Monday to the abode of
Cane. The only evidence of what passed in the room was
derived from the affidavits of the pticst and of Cooke, and
from the statement of Hamilton of what was afterwards
communicated to him. Taking the fact' as represented by
the priest and Cooke, it appeared that they conversed with
Carre, and that in the course of such conversation Cooke
suegested to Carr& that if, instead of a will, he were to
execute a deed of gift, he would thereby save the charity
the legacy duty, amounting to 7001. In consequence of
what was thus stated to Carre, he consented to execute a
deed of gift, and it is represented by the affidavits of the
pried and Cooke, that accordingly the will which had
been prepared by Cooke was not produced, and certainly
not executed; and that they thereupon left Caere" with
instructions to prepare a deed of gift, and also to prepare
another will to the same effect with that part of
the one which had been prepared which related
to the dispositions out of the 3,0001. consols. It
was admitted by both Cooke and the priest that Cooke
was an entire stranger to Carre, that he never heard of
him ; that he, Cooke, was brought on the stage entirely at
the call and bidoing of the priest, and it would be proper
to describe him, therefore, throughout the transaction, or
until what occurred atter the death of Caere, as acting en-
tirely under the influence of his spiritual director. The
result was that they went away intending to prepare a
deedeef gift for execution, The evidence shows that Cooke
prepared that deed, that be engrossed it or had it en-
grossed, and that he paid for the stamps on the
deed; that in all this Cooke acted by the priest's
orders, or under his direction, and that he brought
hack the documents to the priest's house on the Thurs-
day following, being the 4th of March. The affida-
vits show that they then again attended at Carol's abode.
It appeared that ou the first occasion of their goine there
they had been accompanied by two females as intended wit-
nesse, of the will prepared by Cooke. tpon the alteration
of the plan of proceeding these intended witnesses had
been dismissed by the priest. On the 4th of March,
then, the purlieu attended at Carri's house, no
intermediate communication having taken place with Caere,
and the documents were then brought engrossed and ready
for immediate execution. Cooke had paid for the stamps,
sad he and the priest, accompanied by Miss Clarke, who at
that time kept a boarding-school in the immediate neigh-
bourhood of the congregation in Somers-town. and a Mr.
Joseph Hay, formerly a clerk in Wright's banking-house,
and at that time clerk in a joint-stock bank in
In the meantime Carre had become much worse, and had
given directions that neither the priest nor Cooke should
be admitted. Oa the arrival of the party at Cam's house
em th Thuralay afternoon they were received by
Hamilton at the door. Ile communicated to them
the feet that Carni was very ill, and that he
Lad given positive orders forbidding their being
allowed to enter his apartment. Thereupon an al-
tercation took place between the priest and Hamil-
ton, and notwithstanding Hamilton's opposition, the
priest pushed by him and passed with morc or less of violence
and went upstairs into the room of Carre. It was admitted in
the affidavits that Carri acknowledged that he had forbid-
' den their entrance. It was then admitted that the priest
communicated with Carr! in French, of which Hamilton
was ignorant, the latter hosing followed up stairs remon-
strating own the violent intrusion into the room. Ilamilton
said he was ignorant of what was said, or of what denun-
ciations were held out erainet the dying man. After some
time the latter consented that the remainder of the party
should come up stairs. The priest himself admitted that he
told Carre that what was about to be done would be for his
spiritual good. The priest then desired the other parties
to come up. It appeared that one Brown, of New Bond-
street, was at this time at Hamilton's house un a call, and
that he was applied to by Hamilton to prevent the priest's
interference. Ile went up stairs with the parties, Cooke,
Hay, and Clark. It appeared from the priest's own state-
I corns, that on Brown's entering the room the priest desired
him to have. Brown; however, refused and remained in
the room. As to what then passed in the room the evi-
dence was contradictory. It was sworn on one side that
the old nom believed the instruments presented were
different in their nature and object from that for which
they were in reality prepared. It was sufficient to say that
according to the acknowledgment of the defendant the old
man immediately as the matter being passed desired that
they would not proceed, and that he had done so with as
much energy as he could command. lie desired that they
would cease to preen him, and wished to lxe left alone. He
refused in fact to execute. The priest then again inter-
fered. What passed between them was nut known,
hut the priest again became the organ to express
what was represented to he the wish of the testator. Ile
said that the testator's wish was that the matter should
emceed. Cooke, who all along acted as much under the
influence of his spiritual director as the testator, then com-
menced reading the deed. It appeared that Cooke, after
manifesting repugnance, desired to leave the room. The
priest, however, interposed, and Cooke remained under his
influence. On the statement of the priest of Cirri's wil-
lingness that the matter should proceed, Cooke continued
the reading of the deed. At the conclusion the priest placed a
pen in the hand of Caere, and with his own hand guided that
of the donor, and in a way compelled him to sign. At the
same time, the will which had been prepared was presented
and slimed in a similar manner. All this took place
be-
tween live mud seven o'clock of the afternoon. Every
document being thus signed, including a power of attorney
to Cirike to enable him to make an immediate transfer of
the fund, this power was attested by Miss Clarke, and
by Brown, at the request of the priest. It appeared, from
the defendant's own showing, that the old man, who had
all along consented, in consequence of importunity, had no
mind to let the documents be completed. He required
them to be left with him as soon WI they were
signed. lie said—" Now leave the documents with me."
Ile was then told by Cooke that the deed of trust and the
power of attorney could not he left. It was shown by the
evidence., though this was denied by the defendants, that
this communication excited a good deal of indignation on
the part of the old man. Notwithstanding the requ. st of
the testator, thus intiruated, the documents were carried'
away by Ceske, who then left the house. It having been
previously allowed that Cooke was to have a legacy of 50/.,
Cooke had prepared a codicil to that effect, which he left
with the priest. Oa his leaving the house, the priest
sat down and perfected the codicil in his own
handwriting, and then procured its execution by the tes-
tator in them= manner as the will. That was the broad
statement of what actually occurred, as furnished by the
evidence adduced by the defendants themselves. Cooke
took the power of attorney at once to the bank, where it
was required to be left for a certain time. That was on
Thursday. On Saturday at about two o'clock the transfer
was made, and at four o clock of the same day the old man
It did not appear that the priest had gone near the
old man after the transaction on Thureday, so that he died
unisinfessed, ungheolved, and without any offer of the
spiritual comfort, to °lit In wh;ch here and hereafter lie hail
been induced to execute the documents in question. For
this the only excuse. offered by the priest was that the
medical man had told him on Friday that Carr! was much
better.
The Court then row, the remainder of the learned coun-
sel's opening being postponed mud to-morrow.

Baran Leas emeweiga (ewe Cieser.u.ose
eIIEfAIRIE r. WISEMAN AND OTIIERS.
B thee, fur the plaintiff., proceeded to "pen this mo-
tifs, the ofeeet of which is to obtain an injunction on be-
half or the peened*, the n'set of kin of eleteurin Came a
}Witch:win, to retrain Cm defendants, Dr. Nicholas Wise-
man, Jeein Athanasim Cooke, and Edwanl Norris, from
meow., pane( .rginit • sum of 7,0001. Threceawl-a-Quarter
per Cent, Bank Annuitice, or any part theme., and from
applying or receiving the dividends and ineseme to become
doe thereon. Mr. Ilethell said the of jeet of the suit was
this. teat the sum of seek mentioned had be en made the
melee. •of a d of gift procured from a dying man on
deuthewd. under the inftuence of his spirituel di-
rector. or hi. ao called spiritual director, a priest sti
the Menem eethnier thumb. Ilia lordship would he aware
that o'er, year, Una: the legislature hail theineht fit to (glee
an art of puliment (2 and 3 Wm. IV. e. 115) by which
levee to to biers.,,, eettneie elaaritie e were veneered 'Awful.
Previously to that was so poseibility of ewes similar
to the one wow before him ever be log brought into court.
Mare teat %settee gee stem. ..Miler to th.• prewat had from
time to time been ease .1, but ordinarily the goals-me of the
partee had prevented the publicity of a tree. It appeared,
bowie. r, that the defendants had allowed the: melee. to be
brought into court to contend that a gift of 'his kind, pro-
cur el f sein a dying man and muk• wider the elirection of the
print ettenelene et hi. death-heel by a learneel ge nthenan of
the bier. iustreetril by the prieet, and without any emirate:we
or preteetieni or aid in the shape of a prof ssional adviser
or oth, rinse being afforded to the dying men, was a fit
public deetesion here. The l..rties to the
morel wene first, Cardinal Wisemen, who e is not per-
smelly custerned in the mutter, lint was n trustee iu his
thane err of dine, .an. In that character he had became
a forme' party, awl it would bye emcee-wary, therefore, to
melte oe hie name agein. The neat defeniLint, John
Atli iieseue Cookes we. a gentlemen at the leer, • practitioner
of con eeleralee experiencc in this inert. Ile it was who.
by the el:dew-Limp of the defendant the priest, bad pre-
ps:-,,t the dived in question. and in doine en had himself
done all the invited or ministered arts which were required
for teat put pee. Ile hull himself received the in-
struct ems of the privet, prepare d the decd. feign-weed it,
or p 'came it to he emerseseel, and had paid the
necessary stamps ; including, in his single per-
son, all the different particular characters rendered
neeveary by the transaction. The neat defendant
w acs tee pee a Jenss. Ileedstork, at whew inetanee the gift
iu etne.tion was Allard to have been made by the dying
man, •fhr other defendants were the Rey. Edward Norris,
the Very le v. Elected Cox, Matthew Hamilton (the
pew evil wits,.'. for blue plaintiff", and • party taking a
benefit under the deed of trust), Jeeeph flay, who also
to..k an interest under the deed, and certain other defenJ
dent.s elau were the other next of kin of the alleged donor,
the plaintiff Metairie being also one of emelt neat of kin.
Tlie present pn,r,edina was based on the right of the next
of Lin te. challenge the validity of the alleged gift. Having
thus given an outline of the ease, he would con-
fine himself to th• is.• facto of the ease about
which there was no dispute, and which were not
contrivelichel be the answer. Ile would venture to my that
if the etatements in the 101 l had esensistee on'.y of what was
Minitteil in the if fenelente OW:pipe there would still be
miewient reunite:ion fur the relief ...fed by the present
bill. The principal eircunistanees of tic few were of the
fell ming future e—The siege.' donor, Methurin Cane,
was an old French gentleman, who had come over to Eng-
land in 1797. 11, meinteinea himself for To years, m a
leather of laneu free By industry, and 'till more by
winery, he merle sly by miserly pereimemy, be, by the
ille,1111111StOttl• of hi. earning., managed to realise a eon-
Si111:31110. SUM. The whole amount thus accumulated by
the Old man eausiettel of a out,, of 7,Mtle., 31 per cent.
Bank Annuities .tending in his 'Lime in the banks of the
Bank of linglaml, and of 3,01e1/. 3 per rent. Coneols. In-
demeidently of that, he had also deprnite el in the Bank
of franee a enm of 1,100 frene.e. The r. mainder of
his peeperty consieted of a few miserable article, of fur-
niture with which two VOW MOMS ut a house in Charlton-
etreet, emcee Town, where he bilged, were furnisheel.
The house Leon:fed to the dee menet Matthew Manatee,
a polies officer, s. ith a hom and Ilk family the alkgeil donor
hid he en settunietted for a greet number of eeers. Amongst
other perulierita. of the old roan, Carry, we. a singular
autipethy to weeem. Ile would allow no female to atteuil
upon hint. and all the duties of attendance upon him had
leen invariahly pereanwel by the dee telant Illeinilten. lie
dwelt U;1011 the pa. ..pallier as it Ws, a circumstence 110 t
no-
mate•rial in c iusielering the probability of an intention to
bequeeth the greater part of his property in aid of a cha-
nt, ler the support of female childre-n in connexion with
the ItOMAU catholic church. Such e elespieition of his pro-
pety appeered to le at eerie:we with all In, previous
,bib.. On tee other haul, it wee his cuetons in conversation
tie dwell upon he return to hi. 11 give place in France,
there t i eiajey the eubetenee he kid arneeeed for the re-
mainder of hi. life. It WAS nereeeary to he thee particular
as V. the !unit of hi. lit., in orila• tei enable the rourt to
judge whether the act sought to be impeached was or not
the result of the unhereseil will and determination of this
g sntlrmau. Ile appeared to have continued his occupation
of teacher ever., day of hi. life, till Friday. the 26th of
February, ISt., the time when the transeeiim now ine-
pmeh.el took place. On that day kV Was frond to be 'an-
omie ill, and he appeueel to have been ei tor several days.
At I;hgth. at tee urgent request of Matthew Ilemilton, lie
masented to wad fur a nwilie•al man named (teepee, who
was a Item in valliolie. Deselect ettembel on Friday,
tee Nth of reformer,. Ile found Caere apparently
In the greeteset ineery awl watt, the bedroom
being in a tEllsy confident, and without furniture, except
• chair, a mall table, and the heel. After hewing seen the
petient. Mr. fiesquet told Ileinetein that he required wine
met nutritienes aliment, but tlut he supposed the poor
creature heel wit the 11141111. of procuring them. In *newer
to 'hie leonine.o said that Came on the contrary, far from
beteg poor, I,l* ISOsanne.l of censide rah:: property ; that lie
h ul le,iolo/. in the funds, awl Viet hi. mane were ample
for procuring not only nee-se:wee but 'murk,. It ap-
peared that thereulemUesquet went to the defendant Hold-
seek, the lin..t of the Roman catholic chapel in Clarendon-
spun., Semen-town. anel eorrununiceted to him the fart that
an 01.1 man named t'arre sew then at the print of death.
and at the time told hitn of the eieeemsteee, relating
t. his prop ey. 'flee eemniunieei en Was nude to the
proat alter th • morning service of Suneley, the :Zth of
le ',miry. and the pre., thereueon call, el at the hogs., of
Parr'. and reverse el that he meetet sec him alone. Ile WA"
SCOUnlOtAilf 5!,.. II into the mein of Carr,, with whom he
was left Ans.. but what passel legween them no man
tould tell, eve pt from the pri. affielevit. What argu-
ment. or melee. were used by the priest. or resorted
to by him un that oceitesion. ne man could tell. What
the pre .t.it, .1 was this, that Carr, heel pro-
ve., el to ge..• the larger pert of his propeny,
timely, the whsle sum of ee 00/. bnnk annuities, fur
the beuetit of a cheritable eetalehement connected with the
I hap* I in Clennamestreet, of which the priest was the
me. ',tem 111110..4. a. The print Kahl that he then reduced
tee prepoeil iat . writing. .t document in writing WAS
not new forth. maim. though other pawn, of less value ape '
parently. had been preeencel. The priest on his return
home sent for John Athenasius Cooke, who is a %arrester-
represenei himself as Invitee been converted to the
Boman catholic church in 1107. and a. having since that
tame formed one of the inner 'adieu attending the chapel
in Sumers-tos a. The priest le hletuek was, therefore. his •
spiritual director. plc tab:y(4 the bidding of the priest.
and at that beldeling had fomented to au things which but ~
fur that ha "Wahl never base done. He bad put into hie ;
kends the paper which had been written by the priest as
iuscructions for abut he afterwards did. ('nuke, from that ,
paper then prepanel • will for Caere, of which he first
drew a draft anti then wrote • fair copy, which he took to
the priest un the Muuday afternoon, the Ist of March,l3l7.
On that aftemasn the priest met Cooke went together
to the &feel, of ('sere, where they were admit
eel by Ilamilton. They w. ut up into the bedroom
a Corti, where they renieiaed alone with Caere,
for some time. The will wheat, Cooke had prepared
was carrel into the room be tenet.% not in the shape of a
draft or of imetructions, but in the shape of • document
ready prepared fur execution That will purports to
appoint J. A. Cooke, barrister-at-law, and some other
person, for whose name a blank was left, executors of the
testator. Then the will so prepared went on to say—e I
give and bequeath to the Right Rev. Thomas Gnifitha.
Doctor in Divinity, Bishop of Olen.a, residing in Gulden-
equare, the sum of 7.0001. 31 per ceut. Bank Amnue-
ties, upon trod, to pay the dividends and annual MIDLAND CLRCUIT.—LixcoLs, MARCH 3.
income thereof for the benefit, and for the maim I The commission for this city and county was opened to-
tenance and support of the Girlie Catholic Charity day by Berm Alderson, and the business will commence
school now attached to the eatholie chapel in Clarendon- lat ten o'clock to-morrow morning. The city calendar con-
square, Somers-town; and I do declare that in the event ; tains the names of 13 prisoners, all charged with orslinary
ut the school being at any time discoed, then the in- I offences. The county ea:endar is the heaviest that has ',Leis
come of the said sum shall thencefo be, from time to , known for many aseiset ; there are about6Oprisoners for trial,
time. appropriated by the trustiesreof for the time including four ea murder, two fur manslaughter, three en,
being for the benefit; maintenance, and support of some I anon, one for rape, three for concealment of birth, and 16
other Roman eetholic female cf.arity shoal, or schools, in or I for burglary. The trial of the city prisoners was to have
near London. to be established and *elected at the des- , commenced at one o'clock to-day, and, in consequence of
cretion of the trustees for the time being." There wail the heavy rah ndar and three long tithe causes at Niel Pri"'
then a provision for appointing new trustees in the it was intruded to have delivered the ell prison at
event of a trustee, or Miele-ea dying or going abroad. owe; but in ronoeguence of the perverseness of the Great

ASSIZE INTELLIGENCE.
-•-
HOME CIRCUTT.—CIILL.III,OII.D, ?town 6.
L...., Enwl■ luw. Z . QC'
II IU II WAY HORIINNY WITII VIOLINCI.

Joh* Barrelli, 22, and Thomas Parkins, 20, were in-
dicted fur a robbery, with violence, upon David Littlechild.
It appeared that the prosecutor was a waggoner, and on
the night of the kith of November he was going with his
waggon on the London road, near Brentwood. A boy was
driving, and he was asleep in the hinder part of the waggon,
when two men jumped from the hedge by the road side,
and got into the waggon and rifled the pockets of the pros
seentin, using considerable violence to him in the course of
the proceeding. •l'he prosecutor positively identified one of
the prisoners, and the lad who was driving spoke to the
other; ant there were other circumstances deposed to
which tended to establish the guilt of the prisoners.
Mr. Parnell addressed the jury for the defence, and ens
deavoureddo satisfy the jury that the witnesses were mis-
taken in speaking to the identity of the prisoners.
Mr. James summed up the ea.. very minutely to the jury,
and he particularly reminded them that, before they Entail
r: turn a verdict of guilty, they ought to be aatished that
the identity of the prisoners had been established beyond
any reasonable doubt.
The jury returned a verdiet of Guilty, and the prisoners
wets sentenced to be transported for seven years.
Civil. SIDE.

Kr. Baron Parke wan engaged the whole of the day in
saying a ease of disputed right of way, the details of which
wore not of the slightest interest except to the parties
osannbed,

OXFORD CIRCUIT.—OXFORD, Maacn 5.
c.o.'s Caen.—Nose lis..l,snca Parnnins.
Saw &MALIN 0.
Richard Dover, an old offender, was convicted of steal-
ing one ewo sheep, the property of Henry Hedges, of
Beadington, and was sentenced to 10 year's transpor-
tation.

STEALING RAILWAY TICILETA.

Jo& 13.ediarn was charged with stealing three railway
tickets, the property of the North Western Company, at
Kidlington. The evidence failed to substantiate the charge,
and the jury Acquitted the prisoner.
The greater part of the day has been occupied with the
trial of seven prisoners, charged with a burglary at Greet
liascly, and was not concluded when this communication
left Oxford. The only case remaining for trial is one of
; perjury, which is IJtrly to occupy the court till a late hour.
The two judges sat yesterday from 9 in the morning until
half-ps-t 10 at night, in order to dispose of the numerous
cases fur trial. Mr. Justice Talfourd left Oxford this
morning and proceeded to Worcester, where the commission
must be opened this day.