The Express.
London, England, 1848-08-29 00:00:00

ASSIZE INTELLIGENCE.

LEICESTER ELECTION.—The writ for this election
has arrived in the town, and the nomination has been fixed
to take place on Friday. and the polling on the following
day. Yesterday a meeting of the liberal electors took place
in the New-hall, when the spacious room was crowded
Mr. Joseph Burgs was called to the chair, and announced
that Mr. Harris and Mr. Edit kad notified to the deputation
that, although they had no ambition to go to parliament,
they were willing to allow themselves to be nominated
if the electors wished it. Me (the chairman) also
announced that, in accordance with a resolution
passed at the meeting on Saturday night, the late members,
Sr J. Walmaley and Mr. Gardner, had been invited to
attend that meeting, and Sir Joshua bad arrived in the
town, and Mr. Gardner was expected by the next train.
This cows was received with loud cheers.—The Bev. J. P.
Muntell then, in an appropriate address, moved a vote of
thanks to the late members for their services in parliament,
and regretting that their connexion with the borough should
have so coon terminated. He said Leicester had never
been better represented than by the late mem-
bers. Their career had been very brief, hut they
bed done mire in that short time than many
would have done in many years —J. Fielding, Esq
(late mayor of the borough) seconded the resolution. He
quite concurred with Mr. Mursell in the opinion that Lei-
cester tad never been better represented than by Sir Joshua
Walmoley and Mr. Gardner.—Sir J. Walmsley and Mr.
Gardner arrived just at the close of Mr. Fielding's address,
and were received with Impd cheers.—The resolution was
then put and carried unanimously.—Sir J. Walmsley ad.
dressed the meting. He bad hoped, when he last addressed
them, that he should for some time to come have used his
energies and what little talent nature had givea him
in their interests, hut his career had been cut short.
lie would fain draw a veil over the events of
the past, not on his own account so much as en
that of his friends. His friends as well as hiensel
had been deeply injured. It would have been well
for the parties who sought tt, disfranchise the borough if they
could have gore into court with clean hands. He challenged
them to say that they were not guilty of bribery. lie had
no wish to give offence to any man—he would not do so
willingly—but he deemed it due to himself and his friends
to speak the truth. For himself he solemnly declared that
he had nothing to do with bribery, and his opponents had
once had the honour to say that they believed he knew no-
thing of it. He had been unseated—but how? lie
unhesitatingly declared that it had been by false-
hood, by fraud, and by perjury. What could they think of
persons who swore that they saw a person came into his
room daily, and hold conversation with him, when he could
most solemnly declare that he never knew that person until
three months after the election ? Another person it had
been sworn was walking arm-in-arm with him, which was
not true; and it was also false that Mr. Fielding, at that
time mayor of the borough, was at the Bell Hotel with him.
After some further remarks on this subject, Sir Joshua re-
ferred to the coming election. He had long wished that
constituencies would return men from amongst themselves
to Tertian:lent: men who knew their local wants. He did
not call himself a stranger' for he was intimately
connected with the trade of the town, and no man
amongst them was more interested in their wel-
fare than he was. He referred to the immense taxation of
the country, and said he was Pure there wail not a man in
the meeting who would not cheerfully reward every one who
had promoted the public good—what they objected to was
supporting a host of idlers. They sought a government un-
controlled by the oligarchy. They wanted men who had
r.dficient moral courage to stand between the people and
their oppressors ; men who would act for the bene-
fit of ail, and not for the benefit of a profligate
few. He pointed out many of the abuses existing
in the army, navy, and colonial departments. What was
such a large army kept for ? Was it to protect their country ?
Against whom ? lie would tell them what it was for—it
was to coerce the people. (Cheers.) It was to prevent
them from speaking out ; to prevent their voices being heard
in a constitutional way. He dwelt at some length on the
gross inequalities of the present electoral system, contrasting
the populous towns with small ones, and showing how great
a proportion of the constituencies were in the hands of the
aristocracy. lie advocated the extension of the franchise to
the working classes, and a revision of electoral districts
The middle classes owed the working classes a great deal. He
hoped they would take them by the hand, and advise with
them, and that the.working classes would also hold out the
hand of fellowship to the middle classes. They could not
get the franchise without the maistance of the middle classes.
It was for them to say whether these reforms should be car-
ried out. He hoped they would send men prepared to sup-
port retrencbmeat and reform, and he believed the gentle-
men who had been named to them were just such men as
were wanted.—Mr. Gardner, next spoke at considerable
length, and recommended Messrs. Harris and Ellis to the
electors.—Mr. Manning, town councillor, moved, and Mr. J.
F. Winks seconded, that Mr. R. Harris be nominated.—Al.
derman Weston moved, and Mr. John Baines seconded, that
Hr. Ellis be also nominated, both of which resolutions were
carried unanimously.—No conservative candidate is yet in
the Held.
AN .! IRISH Row " occvattan AT LEICESTER on
Sunday night. It arose out of a quarrel between an Irish
reaper and a shoemaker. It is estimated that nearly 100
Irishmen took part in the fray. A strong body of police
were despatched to the scene of the fight in Abbey-street.
and 37 men and two women were taken into custody. A
sergeant of police was severely wounded in the thigh by a
sickle, and another was struck on the face with a brick.
Various weapons were taken from the prisoners, or picked
up after the fray.
DERBYSHIRE.
DERBY ELECTION.—The writ for the election for
this borough was received on Saturday. On Friday the
nomination will take place, and the polling will be on the
following day. Messrs. Bass and Heywortk are the whip
candidates; Messrs. Freshfield and Lord the twice. A
strong c mast is expected.
KENT.
EDENBRIDGE having been constituted a poet town,
the post-office there 'a to he opened for the issue and pay-
ment of money orders
SOon and afMERSKISHter
ISeßpt. 1.
E.
INCENDIARY FIRE.—On Sunday evening a fire
broke out in• barn containing some wheat at the farm of Mr.
Woolley, of Wilmington, about four miles from Bath. Tee
flames soon extended to au adjoining building. which, with
the bars, was completely destroyed. A straw rick and
large wheat rick were also destroyed. Several other ricks
were in imminent danger, but saved by the timely arrival of
the engines and by the vigorous exertions of the villagers.
The barn had not been opened fur threeor four days, and it
is supposed that:same combustible must have been thrown
into the window. It is difficult to conjecture the cause of
the vile act, Mr. Woolley being a good muter, and bearing
en exemplary character in the neighbourhood. He hap•
pens, however, to be a poor law guardian. The damage
done is to the extent of about 5001. The buildings were in-
ured in the Sun and the stock in the Farmers' Insurance-
oMoe.

CLERICAL.
VA.CANT.—The deanery of Carlige, vacant by the death
of the Be!. J. L. Cramer, Prin. of New lan Ball, Oxford.

NAVAL.
81111BSBIle, AUG. 26.—The Virxo is under orders to
Um for Harwich, whisb place she ' join the royal Kudrna
for Scotland. Tuesday Is named for her departure hem this port.
ADKIRALTT, Ave. U. —APPOlNTlSENll2l.—briaster's As-
sistant: J. U. Bladdord, to l'etieh for service at Dover. Naval
Cadets : J. P. winiam4 to DilMmg Hdd. T. Grum. to Eurydice.
—Gunn W. Colon. to Shsrpsbcotar.

SPORTING.

.

I
tC

WESTERN CIRCUIT.—BairroL, AUG. 28.
Before Mr. Justice Coleridge and a Special Jury.
FOTHEgOitm o. PrtICE.—QUIsTION OF SANITY AT THE
TINE OF ExECUTINO A DEED.—This was an issue directed
ecsomr theind
by the Master of the Rolls to try the question whether a
thein rgTearn Wales,olfBw.o7.
h etnh e
hitt.
Tex. W
rited Price,
acertain was
of
deed sound
dfo
sale of some estates at Ruddry, Olamorganshire. The case
seemed to excite very great interest, which was in no small
way increased by the strange character and grotesque ap-
pearance of the defendant, Dr. Price. This eccentric gentle-
man, who is a son of the deceased clergyman, wears a heard
flowing 'o his waist, and his hair, which has evidently not
been cut fir many :scars, descends to as great a length, but
is tied up with sundry long tails, dla Chinoise. His dress
consists of a jacket and trowsers of bright emerald green,
fancifully knotched and scolloped, lined and pointed with
bright scarlet, and adorned with numerous small gilt but-
tons bearing devices. His cap is of sable, of singularly
quaint form, and has attached to it three pendant tails of the
lams fur, one felling over each shoulder of the wearer, and
the third coming down to the centre of his back.
Mr.,S.rjeant Kinglake, in stating the case to the jury,
said they were about to embark upon an inquiry which
would require the must anxious consideration at their hands,
and would also, he feared, occupy a considerable portion of
their time. The question in substance which they had to
try was whether or not, in the year 1609, Mr. W. Price, the
vendor of a property in Wales to a gentleman named Hog-
gridge, was at the tune when he executed the deed of vale
of sound or unsound mind. The person who now disputed
the validity of that deed was Chart, s Price, the heir-at-law
of Mr. W. Price, and he asserted that at the time when his
father executed that deed he was of unsound mind, and that
therefore the law could give no effect to it. The case first
came before the Court of Chancery in 1836 ; in 1837, for
the purpose of advancing the suit, a commission of lunacy
was sued out, and the finding of that commission wa- that
Mr.W. Price was* lunatic, but with lucid intervals, since the
year 1796. Although the bill in chancery was filed in 1836
no proceedings were taken till 1840, whew the cage
was heard before the Master of the Rolls, who
directed an issue to try the sanity of Mr. W.
Price, and in point of fact to try thereby the
validity of the deed executed in 1809. In 1841 the vendor of
the estate, who was also the subject of the present inquiry,
died • but although the is,ue was directed by the Master of
the gals so early as 1840, no steps were taken in respect of
it till the present year, 1848, when Mr. hloggridge's family
felt it incumbent upon them to move the court so so to see
what could be done to establish their right to the property
which Mr. Moggridge had purchased. The result watt the
present trial, upon which the jury would hare to inquire as
to the state of mind of a gentleman forty years ago. The
learned aerjeant complained that the plaintiff had been
placed in so difficult • position. The inquiry must, under
any circumstances, be an anxious and difficult one but it
would be especially so after so long an interval of time,
in
the course of which the parties who must have been beat
qualified to give information and to tbr w light upon the
matter had passed away and descended to the dust. He
mentioned this fact to them becauso it would explain
to them why it was impossible for the plaintiff, who
sought to establish the validity of the deed, to present to
them such satisfactory evidence as he would otherwise have
been enabled to adduce. Mr. Wm. Price was a gentleman
of highly respectable family. He received hit early educa-
tion at the Cowbridge school, and he afterwards entered the
University of Oxford, where he took a degree. After that
he was ordained, and retired to his native county. It did
not appear, as tar as it could be ascertained, that he ever had
any absolute i referment, but in early life he did occasional
duty as a clergyman in the neighbourhood of the place
where he resided. It happened, however, most unfortu-
nately for him, that he made in early life a most improvident
m-.mage, uniting himself with • person very far below him in
rank, in fact a mere domestic servant, who was not only of
obscure origin, but a most ignorant illiterate person. After that
unhappy marriage Price certainly did manifest, as he
should not attempt to deny, symptoms of aberration of intel-
lect. The learned serjeant then detaihd at considerable
length the circumstances connected with the mortgage of
the estate in question, and its subsequent sale by Mr. Price
to a gentleman named Moggridge. It will only he neces-
sary, however, to state that of the purchase money 7001. re-
mained by agreement in the hands of the purchaser in 1810,
and the allegation of insanity being set on Mr. Moggridge
was advised by his solicitor to pay no more till Mr. Charles
Price came of age. In 1820 this event took place, and a
settlement took place with him as heir-at-law. A settle-
ment of account was drawn out by Mr. Charles
Price himself, he charging sums and giving credits
and showing the state of the transactions from
1809. A balance was due to him of 6091. It was
paid to him upon his own statement of account, and he
gave a release of all claims upon Mr. Moggridge. And yet
atter this solemn act in 1820—after that full release from all
proceedings, given with a full knowledge of al khe circum-
stances—they now found the same Charles Price re-opening
the proceedings and disputing the validity of the sale. He
would now some to the question of insanity. He admitted
the fact that Mr. William Price was subjeit to reriodical
tits of insanity ; but then he should satisfy the jury that
those fits were accompanied by lucid intervals, during which
he was capable of any act ; acd although he for a long time
together undoubtedly did many extravagant scut, as if his
reason was sffacted, still, such was the peculiarity of his
malady that between those intervals he would be perfectly
clear, rational, and cotheted, and quite capable of executing
any deed. Without ent, ring upon the question of insanity
as a matter of science, he might remind the jury that there
was no disease so complicated and varied in to character as
aberratton of intellect. The intellect of some persons wag
entirely upset, altogether overthrown and gone, while others
were subject to paroxysm:: of insanity, and then, who n those
paroxysms had passed away, they became calm and tempe-
rate, perfectly rational, and competent to do any act which a
sane person could do. lu other cases the condition of the
mind was such that lucid moments would present themselves
at intervals throughout the whole period of the seizure. Of
this class of mental affection as the case of
Mr. Price. He bad Intervals of perfect reason, end
the question which the jury would have to try
was, whether the act done was done at such in-
terval of rationality and reason, and it would be his cuty to
satisfy the jury that such was the case, so that by their ver-
dict they might enable the law to give effect to the instru-
ment. The learned serjeant then quoted from the case of
" Cartwright v. Cartwright," in " Phillicnore's Reports,"
and from Starka's book on effidence,to show that in cases in
which persons were subject to paroxysms of insanity, with
lucid intervals, juries must in the absence of proof of insanity
infer the rationality of the party at the time of purposing any
act from the rationality of the act itself. After recapitulating
the fact of the dealings about the property, and applying to
them the principle of law thuslaid dome, heconcluded by say-
in that when the evidence should have all been laid before
say-
them m, he should ask them with confidenca to say, that the
act done in 1809 was a perfectly valid act and that the party
executing it knew well what he was about.
The learned serjeant then proceeded to call his witnesses.
nearly the whole of whom were Welsh people, and answered
the questions through an interpreter. One of them excited
considerable merriment, by replying in good English to
sonic of the questions asked of him, " I cannot speak a.
word of English," and " I cannot answer you in English,
indeed."
Mr. Protheroe, solicitor, who drew the deed, was called,
and stated his belief that Mr. Price, when he executed it,
was in • fit state of mind to do so, and the affidavits
of the attesting witnesses (both of whom are dead), made
during the progress of the Chancery snit, were also reed.
They both stated that the vendor of the estate appeared to
be, and they believed was, in a rational state of mind, and
that the saw nothing peculiar in hia manner and appear-
ance. 'Upon cress-examination by Mr. Cockburn, Mr.
Prather*e said he was not certain whether in 1806 he had
heard anything of Kr, Price being of unsound mind, but it
was probable that be did soon after that. Had no recoU•o-
tion of basing had any intervieee with him except When the
GRIAT Yougasins HANDICAP.-8 to 1 aid Caurouch, deeds were executed, but believed that he must have had.
ato 1 apt Executor, fl to 1 apt Vo6Fre (t), 10 to I apt Lady Received bitsineteuethm" from Mrs. Price, and paid all
Wildair, ll to t apt Maid of Motherwell (D, 12 to 1 apt
ltus whit/ molter to her. There w,es a brother of Mr. Price at the
f (t), If t. 5 1 apt Alliance V. With the ezwPtil'a of a alight house, but witness did -At know that . . ... to control
pavement in Executor and empire the above qu0t,4,00. woe
Mr. Price. Did not ' , till witness
ek.eely with the Turk prima snow 0
LEAMINGTON STAX.III.-6 to 2 agst D;ontoonn, 3
• to 1 aest arrived wools the deed. •AS . sem
Ths Car. 6to 1 ess• lad to a mat sum vest sylvan and F ocastoot soon after he •
at
ST. Lzoix.-6 rg•l2harst Censure (t to a large amount), xall wilmeme spoke •• •
sto Not Jostles to (th 555 5 *Pt 65135105 am 55% 515)1 Wall Oat. lie wimp gulls •••• • • • ' • • elm
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