The Express.
London, England, 1848-12-01 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 1, 1848.

PH.BROOATaIi COVBT—TIMTRIDAS
BASIST IP. POSTAILLINOTOr,..-CODICIL IX /WOOS Or
LLCM —TWO NOB MY forty repertal, as tO *Abate Ice
ear piper el dr Est last— Dr. Daybed wee bewails ppo.
slaw to the ealtai..,o:lth TOOVI before the Wart,o vie
.sid te brae bees =Ka by the hie Lord Portsrhogftla la
heeler of the preialest is Ibis sem, a lady of Brims of
▪ Withebee Barkey.-I*. baser replied, and wooed lit
team elite deed tad sivehee of the terstor. Ile (Dr.
Jam) taataat,by the teadast Col Dauer Dawson, that
• aa set :Wt.* his brother, the late Lord Portia-
im • point °trim bane the weld by op-
115thla lade previded ter lady who Ad
osier the pages of lend** he II yam But
tea sephew, the eat, sad tette tree mildewy legatee,
bed takes *pea to eedeateeer le stake est that his
lode was a ma math. is air el haw sad yet se eel.
haw had bees allased le twerel.higetat=to hank
meet ate' tbeteithelateTerd —The ONO,
is giving Judaea* aid it felt ens Mosby* this WO. It
was plusd is I eery gamete emageas The this
wee
whaler this paper wee is Wanes dude. the lfe el the
hie earl, gar it tree ailaitted he wee is the del peremelea of
Ide metal beehke, oaf wee arable of dhow*/ of bin PO'
=8 The leper apes the fen of it bed setae iscoeste-
;it aas said Lad Perterlialtee bad real it over
Wire be aped bet those beeemistateke alike be ae.
seemed fer, by the theeseleallell mire whisk :he codicil
wee made. It appeared Leal bell lived, sad
indeed boarded, at the bare lo4filtaill=r of hi lady is
question, who had eshalited with his loriftip to so many
fan and ft Offtelli be bad great waddles= is this lady,
lee hi's lordahiji hod third Isle will under barman for safe
eastody, It was sealed up, she had Rot therefore ay
dem ails contents of that will. For the last two years be
had boarded and lodged with the producer's father
sad mother, in whose favour this codicil was
made, and for whom his lordship bad frequaltfil
to provide. At this time his lordship was in great
the, and was endeavouring to raise money to pay
tient what was du for his support for the last two years, se
well Yfar nosey borrowed of them. The court, {mowing
that his lordship had provided for another lady under hie
will who had livid with him previously, felt that such also
alight be the cam is the present instance ; and it had the
evidence of the mother, to whoa he had frequently isti-
mated his jauntiest to provide for her daughter. By the
will of 1844, Colonel Damn Dawson had been appoisted
executor, and had proved that will, but took no notice atlas
codicil. He was arards called upon to do so, when Col.
D. Daewoo appeared by him proctor and mad* no objection
to it, bat submitted to so allegation which Wei
continued for foss months, when the residuary legatee ap-
pears before the court and opposes it upon the ground
that the instrument was not in existence during his lord.
skip's lift. On the day the instrument boos date his lord-
ship felt unwell, and witnesses attested he did not look well.
On this occasion he made up hie mind to maks this
which is attested by Mrs. Bosley and the servant of the
house who were present when his lordship dictated the
commits of this paper, and then signed it. The question is,
is this Lord Portalington's signature, or is it not ? Two
witnesses swear it is, the other party
.denies it ; but no evi-
dence has been adduced to prove it r not—then the court
snot admit it, Wog satisfied that this is the signature of
Lord Portarlington, and made at the time stated by the
*imams. Then were sow objections made to the mode
in whist the paper was drawn up. lie is designated as
" Join Dawson Berl of Portarlingtots t" and fluidal with
" this ie say yet will and testimony; ' which, it is contended,
weld suer have been used by his lordship, as he was a
sun of odaciatioa sad bushier habits. The word " deed"
was also objected to, but the witness* assert, as far
as they remember, they were his words. It must he remem-
bered that his lordship was apprehensive of his death ; thus
act was, therefore, forced upon him, he having expressed hie
intention to have had it drawn up in • regular to, stating
it was his intentioo to call upon his solicitor the rs
evening of
the day of his death, which took place immedia sly alter the
execution of the codicil—taking all these circumstances into
consideration it would pus over these objections. The
Court had evidence to the aignature of his lordship, but no
it had been given on the other side, and it be-
tiretlatrithis instrument wu the substance of his inten•
trim. It also felt there were no great discrepancies in the
evidence of the two witnesses. Alter such • lapse
of time it might easily occur that one person may
remember one owarreaos, and another person another fact,
and yet agree in the main features of the caw, it, therefore
Pelt these wattages WOOD deserving of credit. BUSS Barley
bad observed to his lordship, who had expressed his impa-
tience, that " there was hope in the eftveuth hour," when
bit lordship replied, " he had arrived at the twelfth hour."
Os the gesetien of the signature, the court thought ft was
wow maftlyed than usual ; but his lonlahip's indisposition
anoustal far 'hat, and the two witnesses had attested to its
Wog his handwriting. There was one tlinig which was
gagalar, that this paper was not brou ht forward till loci;
after the deceased's death. The reason given was, that they
were desirous of making some veins with the family of the
deceased, as no provision had been made for her unit 'r the
will. No mention of this paper was made to Mr. Dover
when the will was given up, and the reason stated for this
wet, that they oid not consider it a legal instrument, as it
was not stamped. The oppcaing parties say this paper wee
cosiccered in baud. The court could not entertain such a
view of it, for it felt this was the last in' ention ot hie lordship.
It must, therefore, pronounce for the codicil, and the parties
were entitled to their costs out of the estate, and now collect
on Col. D. Dawson to extract probate. The court felt no
surprise at the proposal made by Miss Barley to accept • cer-
tain sum, when it considered her situation, and the embar-
rassed posiion in which his lordship lett his estate.—Dr
Jenne' asked for probate in fifteen days.
The court thought it could not entertain the application.

INSOLVENT DEBTORS' COURT.•-.YINTIUDAT.
Before the Chief Coolasissioser.
lat as T. W. MAVINFIE O'Kaarg.—This petitioner, a ,
member of the literary profession, was opposed if hie eippli.
cation by Mr. Nichols, on the behalf ot Mr. Peter Parent, ,
and by Mr. Hughes fur the asignees of Mr. Swan.—Mr.
Lewis, the attorney, said it wee not until this morning that
the insolvent became aware of the intention of Mr. Parent
to oppose, and as his (Mr. Lewis's) client wished to have the
advantage of profewional support, he begged the court wou'd
adjourn the case to give time for counsel to be instructed.—
The Cusmilnioner consented to a slant adjournment.—As
the petitioner was about to leave the boa his Honour said he
had go call the attention of Mr. O'Keefe to the feet of a
Masa baying been forwarded to him (Mr. Reynolds). signed
by emu person calling himself "A Lover of Justice," which
wee of eo important a caarecter, as far as relay el to the in
solvent, that if its contents were to he accepted as truth it
would sewn the whole of the schedule was false from begin-
ning to end. He (the Commissioner) was very much sur-
prised how say penes signing himself or herself
A Lover of Justice," could be ignorant of the
impropriety of addressing anonymous letters to a
commueloner with the view of raising a prejudice against
an insolvent. Ile should certainly not allow the information
tendered In the communication he had received to ii.fluence
his judgment in the slightest degree neither should be per-
mit any person but the petitioner to Income acquainted with
the nature of it, at the ague time, he would strongly advise
the insolvent to be careful how be swore to his sande!e as it
then stood. It was possible the letter might suggest reasons
why some arrangement should be ant-red into by the aleph.
cant fur the benefit ot his creditors. The communication al-
laded to was then handed to the insolvent, who, having
carefully permed it, declared its contents to be s tissue of
falsehoods, and requested that he alight be favoured with a
copy in order that he might retute the charge' contained in
it. The Commissioner said he could not comply with the
application, but advised the insolvent to ponder well over it
between this and the day to which his case
would be adjourned—namely, the 19th of December.
Is an R. Twice.—The petitioner in this case, a solicitor
and managing clerk in an attorney's office at a salary of
2501. a year, was uaupposed. The debts set forth in the
schedule amounted to 19,1741. 17s. 6d.; of which
17,1521 9s. Id. were liebilities for which he had received no
consideration. The Commissioner questinred the insolvent
as to his dealings, and from the answers given, it appeared
that in 1845 and put of 1846 be was director of two railways
—the Oatord, Theme, and High Wycombe Company, soil
the Lincoln and Sheffield Company—in which c apacity he
had unfortunately incurred the great bulk of his liabilities.
The actual amount of his debt., for which he had received
consideration, was 2,0001., which was money borrowed Irom
friends who would not think of molesting him. He had
trade debts to the sum ot 701. The Commissioner wished
he could see a different spirit actuate the parties who made
application here. There was a great want of feeling on the
part of debtors for their civilian, their only object appearing
to be to see how easily they could get rid of the claims made
upon them. The insolvent in this ease was a man with a
good salary and without family, and he (Mr. Reynolds)
would advise him to consider bi the time sopointed for hi.
final order to be granted, whether it would not be well for
him to make some good assignment for the benefit ot
creditor,.

SHERIFF'S COURT—VintEither.
before Mr. Under chain BurehdL
RONIKTII V. POCOCK AND ANOTHER —TABSPAP4.—Thit
was a writ of inquiry to MOM, in as action to recover corn
penution in damages from the defendants for having broken
into and destroyed a cottage and garden attached there%) in
the Caledonian road.—Mr. Charnock, in stating the ease for
the plaintiff, said that the defendants were Mr. Pocock,
'an extensive landholder at Islington, and Mr. Glenn, a
mortar builder in the Caledonian•road. Some years ago
Mr. Pocock let out a part of an estate of his called "Pocock's
Fields," for the purpose of being converted into gardens by
=
humble means, and amongst the &Bonus 11118 a
of the plaintiff's. He built a cottage on his &not-
ated, cultivated the land, and planted it with fruit, veto.
later, and flowers. The possession of the cottage paned to
the plaintiff, and he carried on the business of a nurseryman,
but the defendant beingunxious!to sell the land to the Binning.
ham and East and West India Dock Junction Railway
Company, whose line war about being carried through that
district, he (Pocock) gave the plaintiff notice to quit,
but he refused to do so, and Mr. Pocock engaged the
vertices of Mr. Glenn, and he, with insistent., tad. pr.re..
aim of the cottage, pulled It down, and took every brick
away. They dug up and carted away every root in the
garden, and the action NaS brought to recdur uni:onutinn
for this set of aggression. the damages being laid at 1,0001
Tor yahoo( the cottage was between 804. and 1001., and,
neeseding to the evidotee, which he should call, the garden
sleek was worth about 1001. Evidence of this having been
'WWI Mr. S. B. Ring addressed the jury, couteading that
in doing what he had done, the defendant had a kind of
✓ight, for the terms upon which he originally let the land
were, that in case the landowner required the land for any
other purposes, or for his own use, the tenant should quit at
six months' notice, with an allowance of a year's rent.—Evi-
dence to contradict the plaintiff's valuation was give n.—The
learned Uadersheriff told the jury that, by not pleading to
the action, the defendants had admitted that their taking
ocessesion of the cotta a was an act of aggression. The jury
had to my what sum they considered sufficient to runs•
allots the plaiatiff.—Verdict accordingly, damages 601.

POLICE. Y
- _ ESTERDAT.

-----
CENTRAL CRIMINAL COURT.
OLD COORT.—Tweinsausi-Before Mr. Aeries Cillimen.
dic was in-
jitdbyt.forithouilthisimonD hlrowildneLpkwingUonOlteillasasileia.
witADOlSOthele lerlosaisrasibriskiss.
ousting of the 28th Jam bit, Whe WM eery
inank, wee walking slang Ilbe ropßrlZ whoa he met the
=rdwhOo GO bort Illdm, knocked hie hat W. Tim
ran after sad tripped him up, and
wheelie ewe he Wadi de—reseed as the head sad be fell,
enil whoa be wee visited up it was Irma that lte was
lemosied over the left eye. Ite was token to the
Imam Homital, whoa it wee seemesimml that the •
Joey its
was by no now series, beitozZeMn same Ma
Malls eammassee of the nabeelthy el the 41.-
mega teem intemperate MAIM. Mtenniaated kids dealk•
the Oh July. Th. primmer aberembel. sad wee not herd ef
gma Let unday, what he pm Mere sr to the
Then was so mimeos to thew that be bed anythimilete
haffi when be struck the deseasod, and the inelsia elated
that N was wry probable the injury wee falsinali by hiss
the
ksib-state of the pavement—The
the
after a
=ildellberation, ecquitted the prisoner of **felony, end
Med him guilty of an assault. BM woe santridte be
belt is hard labour for one mouth.
I,OIIOIIIT ox KS. PAM, BaDDOILD.—B. Culliford, 24,
was charged with klindesely forging and tittering sa in-
dorsement to a bill el osisemp for WI. with intent to de-
fraud William Martin Ilwinfold.—Mr.,Robieson prosecuted.
Mr.Biulastine appeared fir the defence.—The prosecutor de-
posed that he (*cried en the business of a lithographic
printer, end be had bees asquainted with the prisoner, who
is a lithogrephie writer Se several years, and had given him
employment Whig prsjriea. In Mar last the prisoner
came to his shop sad probated a bill far 231., damn by him-
self epos Mr. Paul Bedford, the sentedisa, sad which 111,-
to bear the nr that miatleman, and also
rdi opend
it the thmthma Kr, Ohmage Manby,
the ssereaux to the Inallsation at Civil Ragiseers. The
priemer told .him that it was the settlement of an
account between him and Mr. Bedford, end he wanted him
to give 207. for the bill. He gave the prisoner two 101.
notes, and received the bill, believing the 'animas and
indorsement to be genuine. The body of the bill was in the
prisoner's handwriting, but he was unable to speak as to the
acceptance or indorsement. Croesmumined: He had
known the prisoner 14 or 16 years, sad they had had many
trassertioes together, and be always found him set in •
most honourable runner. He had dkeunted several other
bills for him, and the whole of them were paid with the en.
caption of the bill now in qu. stion and another tor 301.—Mr
Bedford deposed that the acceptance to the bill produced
was not his h writing, and that be never gave the prisoner
or say other person authority to sign hisname to such an instru-
ment, In sower to questions put by Mr. Ballentine, Mr. Bed
ford said that he had-known the prisoner from a boy, and they
were schoolfellows together. He had a very high opinion of
his honour and istegrity ; but he wee aware that he had lat-
terly fa len into difficulties. He had masted the prisoner on
several occasions ; but he certainly had never led
him to suppose that he had any authority to use
his name to • bill, altbotuh, if he had asked him
to accommodate him with Ws aceeptance he should
not have hesitated to do so, believing, from his 'knowledge
the prisoner, that he was too honourable to suffer him to be
a loser by so doing.—Mr. Mashy deposed that the prisoner
bad been employed by the Institution of Civil Engineers es
a lithographic writer; but he never gave him any authority
to put his name to a bill of exchange, and the in-
dorsement upon the bill in question was a forgery.
In crosaexamination by Mr. Salentine, the witness said
that at this time there would have been a sum of 371. due to
the prisoner, but he would not be entitled to receive it until
he had completed some work which he was engaged upon.
lie had always entertained a goot opinion of the prisoner,
and head him well spoken of. When the prisoner was paid
money on their account it wu always by a cheque from the
council of the institution, and never by a bill of exchange.—
A later was then put in, written by the prisoner to the pro-
s, color, in which he stated that it was his intention to leave
the country, but, before he did so, he thought it right to in-
form him that the two bills in his passamion were 82-
titious, but it was his intention to do all that he
'mild to make up the amount, and that he would
remit it to him the moment he wi.s able to do so.
Mr. Salentine, in addressing the jury for the prisoner, made
a meet forcible appeal to their feelings in his behalf, urging
that be had no intention to defraud the prosecutor, and that
athough be had acted indiscreetly, the evidence would not
julify them in convicting him of this charge, and subjecting
him to the dreadful consequences which must inevitably
follow such a result.—Mr. Justice Coltman having summed
up, the jury, after deliberating for a short time, returned
their verdict finding tie prisoner guilty of uttering the
forged instrument, knowing the acceptance to be forged, but
they at the same time said they did nut think he had any in-
tention to defraud.—Mr. Justice Coltman said that this was
in effect a verdict of Not guilty.
The prisoner was thee arraigned upon another indictment.
charging him with uttering a tinged bill of exchange for
301. to the same prosecutor. The evidence in this case wee
precisely the same as in the last, with the exception that
instead of the bill merely purporting to bear the indorse-
ment of Mr. Math y, it was represented to be accepted by
that gentlemen. Mr. Manby proved the forgery, end re-
peated his statement that he never gave the prisoner any
authority to put his name to a bill of this description. In
cross-examination he said that the prisoner was engaged
upon work for the institution, and used to receive money
on secouut. There might have been so much as
1301. due to him, but the whole wu paid, with
the exception of the sum he had mentioned, which
he would not be entitled to receive until the work wee
completed.—The prisoner here observed that the whole
amount due to him wee 2081.—Mr. Manby said this ught
be the correct sum, bat the whole had been paid, with the
exception of the balance to which he had alluded. He also
said that wit was necessary the cheques of the institution
should be signed by three of the council, end seat times it was
difficult to procure their attenehince,he had upon one occasion
been security for the prisoner for a sum of 1001. which was
advanced to him by a gentleman named Webster to enable
him to go on with the work en which he wee engaged.—Mr.
Ballantw again addressed the jury for the defence, and ai.id
it appeared to him that this cue presented a much more
favouri.ble septet for the pr.soner than the one which thy
had just tiepin-ad of, and he coofidi ntly looked forward to
the rum- re,tilt as in that case. The whole offence imputed
to the prisoner consisted of a felonious intention ; and he
submitted that no such intention had been made out, and
that, on the contrary, it was clear that the prisoner, believing
that money wee due to him from the institution, had most
indiscreetly and improperly pieced the name of Mr. Mat.by
upon the bill, but that he had no intention to defraud that
gentleman er any other linens —Mr. Justice Coltman, in
the course of his summing up, told the jury that certainly
the intention to defraud wee a materiel ingredient in charges
of this description ; bat he was bound to tell them that it
would be a vet y dangerous proceeding for a
jury to take upon the melees to distinguish be-
tween the natural tendency of a men's actions and
what his actual intention might have been. If a man handed
to another person a bill of 'mining* appererdly accepted by
some one of responsibility, who woulu be likely to pay the
amount, knowing at the time that the acceptance wee a for-
gery, it appeared to dim it would be a very dangerous doc-
trine to say that there was no intenaon to defraud the party
to whom the tall was passed. In ninety-nine eases out of a
hundred the party who uttered a forged bill Intended to take
it up wlue, it became due, because he was well aware that it
he old not do se, immediate discovery and prosecution must
ensue, hut still he was willing that the person who received
the forged instrument should run the risk of his not being
able to do so, and thus be defrauded of the amount.—
Thejury, after a short consideraion, found the prisoner
rainy, but strongly recommended him to the merciful con-
sideration of the court on account of the circuoistanc., un-
der which the offence had been c mmitted and the previous
good character of the prisoner.—Mr. Robinson said he was
instructed by the prosecutor to join in the recommendation.
—Mr. Justice Coltman said he would consider what sen-
tence ought to be proupooe,,i.
TUN SAXON ESI4 ST. MUST.—In the course of the day the
graitd jury came into court and presented a true bill fur fe-
lony marina the Baroness St. Mart.--Mr. Bodkin shortly
afterwards made an applicsti-n to the court to fix the day
for the trial. He said that although the charge was
merely one of common larceny, it was very much
desired both on the part of the prosecution and by the
h.ironem herself, the the case sl ould be tried by one of the
Queen's judges. his learned friend, Mr. Cockburn, wee
.penally instructed to defend the accused, and if his lord-
ship sew no objection, datarday would be a convenient day.
—Mr. Justice Coltman said he knew wolfing of the case, but
he wished to be informed whether it wee likely to last more
than one day I—Mr. Bailantine said there was no chance of
that.—Mr. Justice Coltman said if that were so he had no
objection to the audeation being granted, and the trial wee
accordingly fixed for Saturday

—---
OUlLDRALL.—Bundhany. W. Day was finely exa-
mined on the charge of bn eking into the premises of Mr..
Reed, working jeweller, of 38, Fetter-lane,. and stealing
therefrom a variety of trinkets and other articles. On the
28th ult., about twoo'clock in the morning, Police-contest le
Venom, on going his rounde, punned open a door in
Newill's-curt, Fetter-lane. leading to Chapel-place, where
he observed the prisoner drop from a high wall at the back
of Mr. Reed's premises. He queen fled the prisoner as to
his business there. He pretended to be intoxicated, and said
that he had only fallen down. The officer took him into
custody, and on the way to the station-house he drew out a
harp-pointed file. and said that if he was not released he
would run it into him (Yenees). The file was then taken
from him. The prison, r then took out sums skeleton keys
and dropp. d them t' rough a grating into one of the sewers,
hut they were afters ens recovered. After this he assaulted
the abr. r several times and nods neat efforts to get away,
but tuey were ineffectual. When searched, a number of
things belongng to Mr. Red and his men were toned in his
pooession, brides a coat which he had on his back, and
which belonged to the errand Ou examining the pre.
miles, it was discovered that he must hive got on the roof of
the workshop in the rear of Mr Reed's dwelling-house and
forced open the trap-dour, the bolt falling into the shop
below. After ?smocking the men's tool drawers, be selected
one and tried to force open the iron-bound door leading to
the counting-house, but not succeeding, he then placed a
ladder to a small window leading to the females' workshop,
which also had a door bound with iron, and which he tried
with a knit., but, having ascertained that fact, he appeared
either to have given the whole affair up as a bad job or to
have been disturbed, which caused has hasty retreat and
quick capture, after having secured only a few trifling iri-
des of no very great value.—Sir C. Manhall committed him
for trial.
WBEITMINSTER.—Gems MURDER. —S, Waller was
charged with the wilful murder of her child, A verdict of
wilful murder was recorded against her by a co-
rossee jury a few days ago. —M. Steel, midwife,