The Express.
London, England, 1849-12-24 00:00:00

VIE EXPRESS, MONDAY EVENING, DECEMBER 24, 1849.

NAVAL
ADMIRALTY, Dac. 22. APPOINTHRNTS.— To lestiesti-
Boatswain : R. Rundle. Enterprise—Boatswain :
7.flfr-eodward. Salters—Acting Second Mester : N. Levi 11.
gessese—Clark: J. T. &nuke. PROYOTIONS.—To be Lieu-
tenants : O. &tattoo, J. H. F. Drover, J. P. D. Curtis, and
C. A. P. N. Robinson.
PORTSMOUTH, Dec. 23.—The Archer (efesleop) strived
here yesterday mornieg from the eastward, came into har-
bour, replenished coal, and sailed again in the afternoon for
Devonport, when eke will be commissioned. The ltrito-
mart, 12, Commander Cisimberlain, sailed from St. He-
lens, on the Ist of November, for Ascension and England.
She sailed from Loa:.do on the 23rd of October. The
Despigue, brig, prize to the Waterwitch, strived at St.
Helena on the 2nd of November. Mr. Singer, mete, was in
*Lugo of her.
COMMASDRIL BATIKS, with Lieutenant Crawford Paseo,
appol.-ted to pommies:on the N. yells', for surveying ser-
vice, arrived et Moog Meer. where they found the Royelis
in command of Lieutenenr Everest.
Tom ROYAL NATAL COLLROZ.—rn• sweats at the
allow owed study lor the holiday., yesterday, when the
half yearly eaustaatioss were concluded. The follow.
rrylemes en successful candidates for the
oblesiaatde : Mate for toe Liestenanc . —Mr. Alfred
triittry (111411) °Meets of the Royal Marines qualified for
the Aetiller. etinpanies—Second Liests. H retsina, John
Jell, of the Woolwich division. and Omega Bridges, of the
Pertensou 1 division. Gentlenwa Cadets for the commissions
of Uinta ant—Messes. Foam. Tait, Mould, liatringtoa,
and Williams.

MILITARY.
=so Poor.—Her Majesty's 22nd arrived at Kurracture
from Bombay oa the s:k Nov. last.
28TH Foo7.—This regiment, new at Cork, will embark
hr Choral.. in February, instead of ez.rly next month as
was at Arse arranged
COLOSILCT Or TIER 807 R FOOT.—Tats lucrative appoint.
aunt iv still vaceet.
Iseracrtno FIRLD Oppose, Ohasoow.—Liest -Col.
Aleste, 80tH Foot, is named as liao, to succeed the late
Col. Hansel in this s as appoiet.
MILITARY RZJOICINO AT DOVIS —Fsiday bring the
fourth ensivemary of eke battle of Feros,shale, the
rat.sergea
of the 50th (Queen's Own) gave a grape ball and 'app.
several of toeir friends, respectable ithabitents of Dover, the
sergeants of the Artillery, barrack &pertinent, he. Tao
large room of the canteen at the Western Relights was
selected for toe occasion, and was tastefully OM trnest.d with
devices of swords, bayonets. ehithl., &c (taken troti Gee
Sikh), and evergreens, the walls heti g lined with wawa
jack., the royal standard, and other colours. Upwards of
one hnedree were present.— Deter Chronicle.
DIrAILICRI or Taoors —The ship Prince Albert leg
Deptioed on the 17. 'haunt for Woolwich to take in a de-
tacheneat of thv Royal Artillery, and arrived at Covets yea
Why, to emherk • draught of the 97th R miraent for Ja
seaica.—The ship Wavevley felled from cowes Roads on
Tel unday Ilhorping, with drusahts et the 44th and 69. h Re-
gigaenta ca heard, bound for Malta.
Tau Thoon IN INN PUN/AUL BIUOAL, AND BON-
NAT.TIIA reliefs for the armies of &Lest and Bombay are
oat. The Peejsub is to be garrisoned ezehts.vely by Bengal
troop. No extra allowaares are to be made to those serving
within the country of the Five Rivers, exempt they are rm.
played on the extreme frontier beyond the Incas. in Bergel
the re:ief involves the movement of 22 regiments of cavalry,
59 of active and 3 of British infantry; in Bombay, of 3
regiments of cavalry, 3 of European and 20 of native icier -
try ; or, a grand total of 85 regiments of islantry at.d 25 a
cavalry, besides upwards of 30 hoops and companies of sr-
&Allay. this entails an extra charge of 6001. a month for
each resistant on the mareh ; sad as the average over all is
probably about 30 marches, the move will colt about 30,0001
The station of billow, now held by Bengal heap, M to be
made over to Mahal, those of Neemuch and Naseerabad to
Bombay. The present relief is one of the nest extensive
that ever has occurred in the army. The ereimagethe dia-
tribe*. of Ss sicatbo" bates to tem troop Ids Mo=
the ItiOnb sent hte beta honed_ kis Is boos
Ssi dim les. M—Ziami and Nikkei Orelle.

Niatv 3inteUirsence.
COURT OF QUERNS BENCH.—SeTUIDATe
Steamy Al Nen Fairs AT 017ILDRALL—Booas MIL Jounce
Baca AMD • STOMA JOLT.
ELATWLRD v. COOMBS.
This ease was roamed this morning, and the defendant's
further witnesses were called.
Mr Withal, attorney, of Parliament-street, had known
Godfrey for thirty years. He prepared Godfrey's will. He
received the hmtsuctiens to November, 1841. He came by
hireulf to witness's office in Parliament-street. Godfrey
directed kis to pr pare the leases in favour of Coombe. His
✓G. who acted as his clerk, prepared the leases. Nothing
was said about them between November 1841 and November
1842. It was necessary to ascertain the value of the pro-
perty, sad the preparation of the leases was delayed. The
minus paused at the execution were Putney,
Brooks, and witnrs and kis sots. It was at Godfrey's.
When the will was executed, he mid be hut made arrange-
ments as to the worst put of his property, and he
should grant under-leases to Cooure at a certain
profit; this was before the reading of the will. illie
belief was that the leases were executed in April, 1843.
The non-preparation of the leaves was owing to witness"
having heavy muses in 1842. The amount of rent to be
paid by Coombe was areanged between Godfrey and witness
in November 1842—the calculation was mode in the presence
of Godfrey. The lOWA were executed at TIMMS'S Oak*.
Wi'ness saw Godfrey at Gravesend in August 1843 -he ,aw
him there on many occasions—he conversed very agreeably
and rationally. He was a nun of few words. He generally
stooped ; his tight band suffered from paralysis. On the
4th of October witness saw Godfrey is Parliament-str himself.eet on
lonises' relative' to the property-tax. lie was by
O. 4th of November 1843 witness received a cheque from
Godfrey for 1461. 21. No oate was present, and on 8h of
Isethary 1844 received a cheque from him for 691. 19s , to
make payments for him; be pevectly knew what he
was about On the 18th &Leary, 1844, he received mother
eheqate, the body of which was ia Coombe' handwriting.
On eth March, 1844, winters saw Godfrey ea business re at
Mg to the pup:bees of some property, and in conversation he
expiated ft to him. The witness de pored to a conversation
with Godfrey, in Jame, 1843, relating to a loan to Mr Ed-
ward Searle, which was effected, and Godfrey gave Kr. Searle
the sun in question. He knew perfectly what he was about
and expressed his opinion that the purchase for which Searle
wasted the money was a desirable one. Godfrey did not act
under his advice. lie Inqueatly received cheques from
Godfrey. Looked on bile more as a friead then
a Mint. St seat kis bill in 1846,
for five
rue' buboes, and received payment in Muth ci
Kell year. He was capable se a mesa of busi-
ness to execute the leases. In March, 1846, witness ad-
vised that there should be a power of attorney given by God
fray to sell out 1,0001, to pay for building s bowies. He
was decidedly not treated like a child in 1844. He bed pr-
iest pemession of his senses in 1844 Ncieur Coombs or his
wife exercised any control over him. In 1844 Godfrey and
Ceuta called on where, and mid they were going to =n-
osh Mr. White, a surgeon, of Parliament-street. He did
not remeneber Cameos saying be had taken Godfrey to
Peckham and other places, and it had dome him no good. He
knew from Godfrey that large sums were given to Coombs
He spoke from memory os to the instructions for the lessee,
we
he had made no entry in his diary. His son drew the
drafts fro n witness's verbal instructions. The drafts were
most probably prepared in December, 1842.
Mr. Penny, one of the trustees under Godfrey's will,
deposed to tin belief in his capability to do business in
1843.
Mr. Brooks. a surgeon who had attended Godfrey, was
present at the execution of his will. lie continued to be in
the same state of mind as then, down to 1843, He occa-
sionally saw hits in 1844, and MI/ no material alteration in
him ie regard to onscioueuets and coheruce, till he was
exiled in to see him ex cute • power of att rutty in 1846.
He had no doubt that throughout 1843 Godfrey was capable
of managing hie own affairs.
Mr. Withall, jun., clerk to his father, proved that he
✓esefred instructions to prepare the drafts of some lease
■
for Mr. Godfrey. In the first instasco he got the instruc-
tions from his father; it was in the early part of 1842;
and he thought he heard of them earlier than that ; they
were merely expressions as to Mr. Godfrey's intentions;
be had frequent conversations with Godfrey about them.
It was certainly before he executed his will. The converse-
Cons were always at Parliament-street. lie came about
hie will, which he (the witness) was preparing. He came
about four or five times, always by himself. He (witness)
went over the will with his father in the presence of God-
frey, and explained it to him. He understood it. He
witness had taken his instruc.ions on it. He could not take
en him to say be showed the drafts of the leases to Godfrey.
He went to Peckham, having sent the leases to Godfrey pre-
I vieusly. Be saw bins at Peckham, tad had the upon-
mints of the losses with him. He explained every
I clause to him. This was on the 12th of April,
1843. They were net executed then. Godfrey wished
his father to go to him, and see them executed.
His father was abroad at that time. lie had received
the drafts back with GoePree's sigsattire to them previous to
the engrossment being made. Godfrey came for the last
time to Parliament street in 1844. He came several times
that year by himself. He did not observe any situate n
M Ille mind, but much in cis body. He did not see God
(shy fa litti till the commission. He saw Coombs on the
enl‘ese of the leases. He had no correspondence with him,
hat his [ether might.
A clerk from Menus. Gosling's, the banker where Go -
trey kept an seethes, proved that their fires required their
enntomen to sign their annual balances. Godfrey came for
that purpose in January, 1843. He had some conversation
with hiss about tiling away a bill. He took away a bill in
January, 1842. He saw Mai at the kink in January, 1844,
when be was much changed.
Kr. Gosling, one of the bar.king rem in Fleet-street,
I peeved that Godfrey signed the annual balance, on 17th JA-
I nary, 1843. lie would not let him sign it if he bad not
I anderstood what he wes doing. The amount was read over
to him, and the pus-hook and ledger compared.
Another partner proved that Godfrey signed the ba,anee
in 1844. They had neither of them any primal recollection
of seeing him.
Mr, WOG, the stockbroker who invested the stock, proved
that he saw Godfrey several times on business in 1843, as
late as May of that year. He gave orders for investing stork
in the names of Coombe, his wife, and eon, mentioning that
the youth was a minor. came to the office alone in 1844
The witness tirs: noticed an stormiest in 13 idfrey's appeer-
&nee in 1843, either in May or later. He was alone. He
possessed his r tues perfectly. Hs could never be
persuaded to invest in railways. In October, 1844,
be was in a very different mate. He came then to
Ilea out stock. Withall cams with him ; the witness was of
ins afraid he was not in a fit state to do business ; he asked
I bun several questions, and was acidified he was aware of
the
Weimer he came ob nit ; he bed to go to the Beek in person
meectute the transfer.
The clerk of th- s ockbrek, r proved Godfrey's eotn.llol in
11843, and giving itatrilCtiol NT the investment of the thick.
Godirey gave a clams, for the amount in his own hand.
Mr. Lindsay proved keels g Godfrey in March 1843, at his
mother'. in Shoe-lane, when be held a conversation with
I her relative to a number ot mosey trans Miens between them
during the year, and asked for security for a balance due
le nem of 2001. or 3001, sad it wee arranged that
a peemissery note shouln be given. He west through a
series of accounts, and in the witness's judgment be was
keen, roof, and collected. lie saw Godfrey again is the
begiataing of Angus:, 1843, and gave him a promissory cote;
he was perfectly collected, and knew what he wee snout.
Is January, 1844, he save Godfrey another premirecny
note ;he spent the evening with him ;he conversed ration-
ally, and undeno od the purpoe for w. Jen the nets wee
given. He Felled the witness into another room, to ask
him as to the propriety of his evilness) being a party to
the note.
Mr. Biritll, surgeon, deposed to having kanwn Godfrey
siece 1839, and seen him frequently in 1841, 1842, 1643,
1844; be only attended the Coectibe, not Godfrey ; tee was
at the halms once a week in the brat part, and every day in
the last month of 1843; hie attendances were
more frequent in 1844 le the early part of
1843 he had frequent conversations with Clothe.
o-' one occasion he bad an interview with him in January,
1843, as to his binding Beebe Coombs as aonrentice to wit-
wpm., and asked whet particular Greek or Latin hooka wit-
ness tebhed hies to read. He wan by himtelf, it was God-
frey's own proposition. Saville Chetahs wee tripe nticed to
whoa§ la Accost, 1843. The f.e was named in January,
1843 It was 1001. 0 .d•rry approved of lie Wi eve Cad
several conventions with Godfrey [la the subject, four times
he was alone. He was perfectly rational. During 1844,
Godfrey often questioned witness by himself as to Saville
Coombs' conduct. A. tar es witness could judge God rey
was perfectly capable of managing his affairs during 1843.
G.dfrey played cards one evening In March, 1844. le was
is November, 1844, witness tint heard Godfrey say any thing
irrational.
Mrs. Rawlinson saw Godfrey in 1843 at her house at
Peckham. He came frequently to see her. She saw Lim
cone antly in that year. He was perfectly rational, and is
his roue. la 1844 Godfrey came to take leave of her her
behd, who was dyal.s. He was much affected. He was
quits conscious of her nnsband's condition.
Mrs. Wetmore, daughter of the last witness, gave similar
evidence.
Mr. Hill, an attorney at Birmingham, was en a visit to
51n. Rawlisson outing 1843. Ko..w G i :free then, and is
1844. Had eonveisations with him by himself. He wee
perfectly rational. He wool,' have had no objection to make
has will He was quite competent to have done so,
Mr. Rook*, a tenant of Godfrey In January, 1848, paid
nut to him on the 4th of that month. The receipt wee is
his hand. H- convened with him, and told him Coolish*
would be his future landlord He capered in his perfect
mind. His next receipt was from Coombs. Godfrey was
pre sent the rent was paid, and said he was to pay
Sari& James Coombs, one of the &residents +ha wee
allowed to be a witness by order of the Vice Obaa(rinflffi
whet at eskool received a letter from his mother, Did net
know Oat hid boom at it ; id it AN said Godfrey wit

----------
very irritable. lie wee annoyed at a 'snort going awry in •
1642. He was not aware of any delusios ain Godfrey till
Midsummer, 1844. His forced, it was that the expieriiuns
in his mother's letter referred to Godirey's irritability about
the servant% He obssnothing like mints! incapwil in
1842 or 1843. After the rx'stcnce of his delusions be per-
fectly knew what was going on. His mind sermed fleet to
give way in Midsummer, 1844. At Chiistmae, 1844, he
was walker is body but not in mind.
• This was the defer dimes ease.
Mr. Serjsant Wilkins replied at great length, going
through the whole of the evidence with antaidarsids minute-
assa.
Mr. Justice Brie summed up, and told tie jury to eoesider
whether Godfrey was of unsound mind on the 11th January,
aid on certain other days in 1843, when he made the
transfers of stock is favour of the defendants, and also
whether he was of unsound mind on the 16th of April, 1843,
when he executed the leases in their favour. If these ques-
t lions were answer.d in the affirmarive the verdict mutt be
r the plaintiff ; if in the nrgative, it must eor he
fo
i defendants.
The jury retired to consult together, and then returned a
' verdict for the defendants.

COURT OF RIECREQUER.—SATIIHDAL
Envious IN BANCO.
LITT 0. ABBOTT.—RETUILIT Ol 811111111 P TO FIIIRI FACIAB.
Mr. Baron Alderson (who, with Mr. Baron Rolfe, consti-
tuted the court) delivered judgment in this case, which was
a rule to quash the return made by the sheriff of Lent to the
writ of fiery facial. The return set forth that the sheriff had,
in obedience to the writ, seized certain goods of the defen-
dant which were found in his bailiwick, and that he detained
them till he was directed by Mr. Levi, the attorney of the
plaintiff, ou the record, to withdraw from pusession, and it
concluded by alleging that there were no other goods of the
defendant in hie bailiwick.
It was objected by Mr. Lush that this was not a good re-
turn, u the attorney bad no power to give such directions;
but it was answered by Mr. Bramwell, first, that a special
attorney has such a power ; and, secondly, that at all events
the attorney on the record bu authority to order the sheriff
to withdraw from execution, and that the sheriff was justified
in obeying him.
The court was of opinion that the first was a bad, and the
second a good answer to the rule. The attoraey on the record
certainly has the management of the execution,and can control
the management of the goods seised on behalf of his client.
For instance, if execution issues into two counties, the attor-
ney on the record may order the sheriff of one to withdraw
end elect to satisfy the execution in the other. We are
therefore of opinion that the return is good, and that the
rule must be discharged with costs.
Ju fitment accordingly.

INSOLVENT DEBTORS' COURT.—BaTcaDAy.
IN ?He Merrell OF HENRY Deputes, THU BLURS.—
ALLOWANCI TO INBOLTINTe.
This insolvent, a Jew, applied for his "sixpences" from
his detaining creditor, in the shape of an allowance for his
support whilst in confinement at his suit. It appeared that
he was heard some months ago, when he was opposed by
Mr. Hodgson, wine-merchant, of Saint Mary Axe, and other
creditors, and adjudged to an imprisonment of thirteen
calendar mouth, for fraudulently making away with his
property. He was at the time of the judgment in ill health,
sod had nearly lost the use of his limbo. He bad lately
been removed by habeas corpus to the Queen's Prison, where
he remains.
Mr. Sargood, who supported the application, said it was a
we for the interposition of the court.
The Chief Commissioner said it most have been a very
bad case to call for such a severe judgment.
An attorney appeared for Mr. Hodgson, and read
an affidavit, in which it was stated that since
the judgment an offer of composition had been
made. The object of the application was to pet
out of prima without disgorging about 2601., which was the
' amount of poverty made away with by the insolvent, and
which was still unaccounted tor. The insolvent solemnly
called God to witness that he had not made an offer, and that
he was, with his large family, in great distress.
The Chief Commissioner said he wished such solemn as.
'intim were not marls—they were always painful to hear.
The officer of the Queen's prison mid the insolvent was re.
calving the county allowance of 3s. 6d. • week for hissurport,
which he would not be allowed unless in poverty.
His Honour made an order on the detaining creditor for
ed. a week for the insolvent's support. Provided the
"di:pence' " are not paid, the inolvent will'.be entitled to be
ilidierged, without undergoing the judgment of thirteen
imenthe.
A MILANCBOLT EXHIBITION.
Two young women, named Caroline Horseman and Cathe-
rine Elizabeth Parker, who bad been milliners and dress-
makers in Davies street, Berkeley square, wereloppesed by
Mr. Exhols, for Messrs. Sewell and Cross, the si k-mercers,
and supported by Mr. Dowse and Mr. Sargood.
Toe casts had been before the court on former occasions,
sad were now concluded. The insolvents were in business
i only nine months, and owed Messrs. Sewell and Cross 751.
On being sued they put their aff des into the hands of an
attorney named Phillpotts to arrange with their creditors.
• sum of 541. was c 'fleeted, and the creditors offered 4s. in
tits pound, which ttey declined, and the money collected
had gone in law-201. of it to the attorney in making the
offer and the rest in an application to the court, when their
petition were dismissed. Being in prison they petitioned
' under I & 2 Viet., and declared that what they
had sworn to in their fernier schedules was untrue. It came
I out in evidence that a distress was put in for rent, and paid
I out with the insolvents' money, and a workwoman was put
forth as the owner of the property which was now given nu.
I Mr. Thos. G. Ploilpotte was examined, and task time to
consider whether he would pay any of the 641. into court for
the creditors.
Mr. Nichols contended that there had been a making
away • ith 641.
On the other tide conned urged that that which the in-
solvents intended tor their crenitors had gone in law.
The Chief Commissioner iota not say in this melancholy
exhibition, as be considered it, that there bad been a making
away with property. The money had gene in law which
'he insolvents honestly intended for their creditors. Mr.
Phillpotts would act wisely in paying some of the 641. into
court, or it might not be very agreeable to him.
The insolvents were discharged forthwith.

WESTMINSTEIt COUNTY COURT.—SATURDAY,
HODGE AND LOWMAN V. DOUGLAS.
An application was nude to the court under the following
extraordinary circumstanees:
Mr. Chubs Dod, the 'solicitor on behalf of the plaintiffs,
sal I that the name of the ad. ndant was 1) mglu, commcnl;
called Viscount Drumlanrig, heirg the son of the Marquis of
Queensbury. He was a member of parliament, and also an
officer in her Majeaty's Life Guards. During the last two
years a number of • ummonses had been issued against the
noble defendant, and the most unsuccessful attempts had
been made to serve him in all sorts of places, ant on the
23rd of the pees. nt month the Statute of Limitatiors would
bar the debt. The object of the present application was that
his Honour should direct another summons to issue upon
the same plaint under the 12th rule, wnich nave him tte
power se to ito, in order to save the Statute of Limitation.
His Honour wished to know how the difficulty had arisen
in serving the attendant.
Mr. DA said that inquiries were first made at the House
of Common', and the messenger was directed to a certain
hotel, where the summons was left, and the parties there
ultimately Grid that all the papers had been given •o the
viscount, althouvh no notice had been taken of the summons
by the defendant, who then took a house in Chester square,
Pimlie,, and a fresh summons was served thereat. Defen-
dant was the• eat the time of the service, but happened to
leave the place that day, and the service was belt to be in-
valid. H. was nest served at his father's residence, where
the goods were supplied, in the a ighbourhood ..f P.,rtman-
square, and that, likewise, was held to be an insufficient ser-
vice. In this was the able d. fendant had been dolcing
about, so tha' i* was impassible to serve him effectually.
The learned Jo-tie: I think the application ought to be
made when you are in a pesstion to enter the summons ; until
then nothing can he done. I will mane • m mite of the case,
end in the mennime you can ondoev.mr to find out the de-
loudest.

or two questions, which 7 ern bound to do in every such
raw under the provisions of a Imo at set of parliament.
ktiressieg the prisoner, the magistrate then proceidvd :
Having beard the evidence read, do you wish to se au- -
tting in inswer te the eh•rges ?
will me not led to
say sorbing, but whatever pa d be taken down in
wrting, and may be used in evidence ag 'float you hereafter.
The prisoner answered in a low tine of voice, " Every-
thing is la the power of my attorney."
The magistrate then fully committed the prisoner to New-
gate for trial.
-