The Express.
London, England, 1849-08-10 00:00:00

THE EXPRESS, FRIDAY EVENING, AUGUST 10, 1849.
_---.--,---

arrivele here for Csafore* wits greet amebae of pail
sea, wise appareatly very respectable. Last meek Sege
were 2.000 LW u is. tine. Everybody hest he
geld fever more or less; but I leer their drams of pad will
owl in sad reales. Nerieuire there are vnet essalliiss of
IMlat the prier of pc=s are bassi &Set Tbe
has las is for . Coastlines will he the
ant slip her TOG ashen is oedema hose. The
Glossa brogbt down war lent mai. The CeekeSites is
seil has
The ioisples ws. at Trinidad ss tie 4th at Job. U.
had a his passe hem Devours' to Barbados. of 31 days
lie answers well I. her presses rig. a thewaseted &shwas.
Ms now ossassases her eartegiag dads.
The Nailed was at Callos The fehowins is bent
a letter resolved he. this ship of the above data t--," We
hays had saws boa;Call' Ms sacks' is
summary article. people dybs era self .
however esatiaass steamiest. Tke tide hese is Ike
Ciampi:a. The Asia b expected Oho aloha' to
a swath or se hos esseinebei MPS& sink.'
per,the Panidesate ; he sails shoril in Maas*
sad tke naiad ot the asks, sad upsets to ese
Naas is 12 aisatha."

CRICKET.
ELEVEN LICENSED VICTUALLERS y. NEXT
EIGHTEEN.
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will soars" noisy at 11 (Mock.
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Saba inteittgence.
PREROGATIVE COURT.—YEBTERDAL
Emma Six Helen JINX= TUT.
Wise O. Lurice.—Juncontrr.
This ease was segued before the court in Easter Term,
and jed_gment was given to-day. The facts are briefly
these : TM testatrix was a lady (Kiss Jephana Legg) who
had resided near Petuyn, in Cornwall, and died at the M-
essina age of 71, mmeseed of considerable property, said to
ansened to between 38„41001. and 40,0001., the bulk of which
du by will and codicil gave to • Doctor Wise, who wee in
tba habit of attending her as • physician, to the
eartelndlos of her only nephew, the next of kin, and
who now appeared before the court in opposition to
these papers, on the ground that the teetatris was of weak
mind, the weakness having been increased by an indulgence
in spirituous liquors, and that, therefore, ske was not capable
of making • testamentary disposition of her property.
The Judge went through the whole of the evidence,
which has been already fully reported. lie said the testatrix
in this cue died in December, 1848, between the ages of 71
and 7d, possessed of considerable property, leaving a
nephew, a Mr. John Lugg, who, if she bud died intestate,
would have taken possession of this property as nest of kin
and heir at law. But in February, 1843, she executed •
will, by which she appointed Dr. Wise sole exeentor and re-
Ohm, legate*. To her nephew she gave an annuity of
1621. for life, and after hie death 201. per annum to his wife
for her life, with various other annuities and legacies to
her servants and others. This will was in her own hand-
writing, and was duly attested. She elm cuted a codicil
bearing date 10th of March, 1846, which was not exanted
until August following. Under this she gave an increased
annuity of 421. a year to her nephew, Mr. John Legg, with
a legacy of 501., and to her great nephew a 601. levet.
This was witnessed by the son and daugt.ter of Dr. Win.
These two papers are now disputed before the court by Mr.
John Legg, who stated that the testatrix was of feeble mind,
very nervous, and that she gave way to indulgence in ardent
friths, which increased her weakness; that she was not
conscious of what she did; that she would repeat the same
orders, and ask the same questions, over and over
again; and that she was not in • state of mind to
protect herself from imposition or fraud ; further, that upon
the death of Mr. David Scott, who bad managed
her business (a woollen manufactory), which she had
succeeded to after the death et her brother, Mr. J. Lugg,
she was so affected by it that her mind became more
tated, and that undue influence had been exercised by Dr.,
Wise in obtaining these two papers. The Judge went over
the whole of the evidence presented in opposition to them
papers, and that in reply as to the capacity of the testatrix,
and in conclusion said that there was sufficient proof before
the court to show that the testatrix was of perfect capacity to
make • testamentary disposition of her property; there could
be no doubt of this even (or one moment. With reference
ti the codicil, he thought that Mr. John Legg and bison
did not want it to be set aside, as under it they took an in-
creased interest. It would be for the interest of thou parties
that this codicil should not he put on one side. There was
no doubt bat the wil leas a valid instrument. He (the
Judge) should now pronounce for the validity of
both tee papers. Then came the question of costs ;
he (the Judge) felt there was something lake seemly on the
part of Dr. Wise in not having made any communication to
the nephew, that the will and codicil were executed by the
deceased, and only stating that he had been provided for.
Under these circumstances, and considering the large pro-
perty Dr. Wise would take under the will, he felt bound to
allow Mr. John Lugg the expenses, and to be paid out of
the estate.—Decreed accordingly.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.
CROYDON, RUMMY 9.
IWO= IWO CIIII7 B• 1011 AND • CoNNON JtRY.
LLOYD 0, LIROUTRIL—A BILL TRANSLCILON.
This was an action upon a bill of exchange (or 701., the
dlaintiff suing as endorser to recover the amount from the
efendant, who was alleged to be the acceptor of the bill.
The defendant pleaded that he never did accept the bill, and
in fact the defence appeared to be that the acceptance was
a forgery.
Mr. Bovill was for the plaintiff, and Mr. Serjeant Shce
and Mr. Lush were for the defendant.
The plaintiff in this action is an attorney, and it also sp.
geared that he occasionally discounted hills. The defendant,
who is a foreigner, carries on the business of a ship chan-
dler, and the instrument upon which the action was brought
purported to be drawn by a person named Hog-
germeyer in July, 1846, and to have been accepted
by the defendant at that period. The evidence
on the part of the plaintiff consisted of the pro-
duties of the bill, and a person named Dirley, who bad
formerly been in partnership with the defendant, swore that
to the beet of his belief the acceptance was his writing. lan
addition to this three persons were examined who had gone
to the defendant's shop by the direction of the plaintiff's
attorney, and purchased different articles for the purpose of
getting a receipt from him, that they might compare his
writing with that of the acceptance upon the bill, and they
stated their opinion from the oomperisoe, that the acceptance
was the handwriting of the defendant. It transpired during
the NM fof the plaintiff that the bill M question had
Nessresented or noted, and the delay in taking proceed-
logs was accounted for by the representation that the de-
fendant had until recently not been in circumstances to
justify the expectation that he could pay the costs of an
Mien. It also appeared that Haggermeyer, the drawer of
the bill, had left the country, and no evidence whatever was
given u to how the bill had come into the possession of the
Serjeant Shee, on the part of the defendant, said that the
defence he was leatructed to offer was, that the bill in
question had never been accepted by him and be knew
nothing whatever about it. He particularly directed the
attention of the jury to the extraordinary circumstance of
this bill never having been presented or noted as dis-
honoured, and being suffered to stand over for • period of
four years, and also to the Wok that had been resorted to of
sending persons to the defendant's shop to purchase article a
in ceder to get possession of some of his writing, that they
might make a comparison. He said that if the handwriting
ems rally that of the defendant, there would surely have
Imes no difficulty in proving the fact by better testimony
*ea this, and he submitted that the absence of such ta-
way showed that the plaintiff was aware that the accept.
are was pet geattie.
Sevenal amenable witnesses were then examined, all of
teftsat appeared to have had extensive transudes* with the
dolindant, and they stated that although them ma a resew
Masse la the ameinane• to the writing of the lehniant.
=hem the chanter of the writing, they expressed • ma.
egialan that the signature was not raisins.
eine proved that the defendant had been living hal:W
credit for several years, that he always paid his airceptaasse,
and there did not appear to be any ground for the assertion
that he had sot been in a condition to pay the bill if it had
been a genuine ir @Marmot at an earlier period.
Mr. Bovill having replied, the Chief Baron summed up,
and the jury *latest immediately returned a verdict for the
defendant.
The business of this assize proceeds at • very slow pace.
At the dosing of the court last night the Chief Baron had
only tried *sarcasms out of a list of 98. It is usually the
souses wham the business ism heavy that the learned judge
who mita ea the crown side should assist, alter trying the
in olispceing of the din emus and seem pr in
that Mr. Berm eness hes n=
so en the present eeseidon. as the espaale es
emiseest by the
'Au, mum be almost ruinous es slay of the suitors.

OXFORD CIRCUIT.
GLOUCISTIM, AIIIII3IIT 9.
Baines eommreed in both courts her yesterday, Mr.
Baron Rolfe pr.( @Wing at Nisi Prius, and Mr. Justice Erie
in the Crown Court. The calendar, though nor light, nu-
merically speaking, contains few crimes of a deep dye, and in
this regimen presents a tavourable contrast with the Calendar
of the lest Spring Assize. The cause list contains 13 causes,
of which number more than eight hare bean disposed of.

NORFOLK. CIRCUIT.
IPSWICH, AUGUST 8.
Nm Paws Covar.—ftroas Na. Bw. Dowume.
JOHNSON ♦ND Aiwraaa O. LOAD BUNTINOPIALD.
ACTION •GAINST ♦ BHEILIPP.

NORTHERN CIRCUIT.

LANCASTIII., AUGUST 9.
arms Ni. JOIITICZ PASTIODX.
BIGAMY. ..

The bearing of the •bore cause wee not concluded when
we despatched our report in the afternoon. In the evening
theJurl returned • verdict for the plaintiffa--damaps,

Edward Harrison, of Black Alain, tailor, was indicted for
basing teloolowly married Rebecca Williamson, his former
wits being then ilivs.