The Express.
London, England, 1848-12-07 00:00:00

THE EXPRESS, THURSDAY EVENING, DECEMBER 7. 11448.

his eliime nephew, the plaistiff Mr. Hwy Themes
s,
Hope,
the Jeri ha grimier lespiries were subseqwently earl
est et length no dee» skater, erred se to the feet UM-
weedy lir. Henry Threes Her 11l
» kis bill in the Nest
of 011 emery, preying that that deed might be established,
and theelhe Intl* be &weed retitledW die peened» Of the
}mss Aa wows se that lin bevies been filed, the Mars,
»the Belk direr a that the eslidft of the deed Wald be
Wed in a rest of law, end that Mr. Beery Thews Hops
&pad be at liberty to brie; en esti» Ise the pur-
ge» of aseertsinieg that thee. With • view
/dasher
to
WON attention to the prat at ism, the
el Os Rees bound the parties to unto adialeares whirl
wen to be made brim the jury. Or of these admirer»
res that Mr. Crier*, a solketor, mad ere of the delendaats
ea
the reseed, shiseld be itemised se a ukases fin shrill
I. pails. It would appose that is April or May, 1821,
▪ Oreeleek was seat for by Hwy Philip Hope (whom
selidane he hed.preeiraly hashes» eanfideatially consulted
epos SWIM Mr_eperleU deed to anvil the jewels is
Mr. Manly Thomas MOW, reserving he
Celliki: le
a 7 Philip Wipe a life interest in them, end a
le sr exchange them as he thought fit. Mr. Tie
Mope Meted that his object was to eve W Irgoey duty, sad
to orbs that there should be so doubt es to the validity of
the thelreimsat he gave dietetics' that eat ad velrein stamp
albs lee MUM should be affixed to it. Wpm reedy-
leg diensloWaseleas, Mr. Creelock mat instmietions to Mr.
Preen, the elMilet conveyancer, who accordingly pee.
a dealt deg, leaving blanks for the sass of the
draft deed wag retuned to Mr. Omer ,
leek =lnk, a penes named Drover, dose &mak
Med Is Ihe blanks with the 'solaria el the mama, the
le be besefisielly interested. By that deed Ai
le des gabble. shish was paitMtMdl deleMlwammtle
glees le 11. T. Ulm abeehately upon the death if his ruin
who Forevel le UseelN a life introit, as advent, elehel.
The saneemegift‘ddes gsuitse was stated in the drubbed.
a Ade espy et mwlbb77trle wee eras to Mr. M. P. Mope, Mr bite
Mort dos altawaeds the esnitas get huh
elCmiLd."•2l by gergirs MI*111:026.681.8:411.
la the letter am ems pomp, amiprrler'eMealep tee.
to make my Were perform lie pert
s
that there ere be the payment al Ms sea
the in the deed), althea* eggehleg et re Meese of
the deed." Mr. Map* Mem *idled whether Ms pigment
et the 10s. was a nave 11=uodziad, if se, diraOred that
the decumbent should he repaired he asesoliss.
It was sent to lir. Willthlethle, • law stations la
Cliaassry-lene, end at sale earvista. The solicitor sp.
ported Beadily, the IMle et Mg, 11111. le wait upon Mr.
H.P.P. Hope with the lad. sad that day it was
erented hy Mr. Bete. 11 was sit al over to any
re, and for en obeire asses. By Mr beam of the deed
Mr. H. P. Hope was to have • lith ether la the jewels ; he
was not only entiftedto the pamesisft et lass, but also posses-
dos of the es smidesee dais *b. The blanks in the
deed for the definite name des gmeirs, were filled in by
Kr. H. P. Hope himself biters its emuseekr. A fair copy
of the deed was afterward' towed Mr. U. P. Hops 's
papers in the peressioa of • Mr. Weld, whom he salvo-
greatly emploecd a his rolicitor. Mosher soliciter named
Mated» succeeded Mr. Raphael, she dial in 1838 ; end
Mr. Maunder would redoes this &Demme's! amongst others
which he had its ived fries the widow of Mr.-Raphael.
There was no doubt that the grantee named in W
est deed
was Mr. Henry Thomas Hope. After the lapse of so many
yam, it was fortunate that WNW existed to fortify the re-
oollectioe of Mr. Creeloek. It would be perhaps Impossible
for any one to remember, after so long a these, the fact of the
execution of an instrument of that sore Bat Mr. Creeluck
kept an attendance book, for the purport of entering memo-
randa of the diteeent clients he attended. Frogs those
entries his bills were afterwards framed. Zanies of all the
particulars were regularly made under their respective dates.
In that book en entry appeared charging Mr. H. P. Hope
kr Mr. Creelocies attending him to attest his sueutien of W
deed be question. That leiter was copied in &billet costs width
was paid by Mr. Hope, who thereby suction» aerator»
that the deed had been executed by him. The entry in Mr.
Creelock's attendance book was this: " Bunday, 20th Ilms,
1821—Attending you at New Norfolketreet, according te
your appointment with the deed, for the pumas of attesting
the execution thereof." Ous of the last items in thebisl4ll.3
cuts was that charge, end it also contained another item of
251, stamp duty. Mr. 11. P. Hope retained the deed in his
pooseesion, but after the moat careful god diligent searches it
could not be found rues his death. One part Of the order of
the Master of the Rolls was that it should be admitted the
deed was diligently searched for, and not found. That was
for the purpose of admitting secondary evertor of the cos-
crate of the instrument By the deed the property,
which was then estimated at 30.0001., was gives te
the late Mr. Thomas Hope, brother of the grantee,
in trust for the grantor, during his life, and after
his death, to trust, for Henry The his eldest
nephew. It might be said Mr. U. P. Hope dfepmrd of all
his pr petty by his will executed some short time before hie
death. But the Waller was he had no power to do so.
By
the deed in question he costarred an absolute right
to the jewels, pictures, ifec., on Henry Thome Hope,
and had no power afterwrde to make any other
disposition of them in favour of another. It might be sug-
gested that it wee re? strange the deed should have re-
wird in the grantor poresstoe. That was because he
had retained a life-intertat in the jewels. Although the
deed did not take effect until after Mr. H. P. hope's death,
the interest was absolutely vested in Henry Themes Hope,
and his uncle bad no power afterwards to resell» or alter
the disposition he had made. To render • deed operative it
was net necessary that the grantor should deliver it le
another. Although he kept it in his own re:seance, Home
delivered, established as his act, it operated to treader any
prop rty which might be the subject of it, even though it
continued in his remotion. In this case the vary terms of
the deed itself showed who should have the custody of it.
The rely questian was as to the execution of it. There was
a very important difference between a deed and • will The
latter was resemble et any time. If, fur instance, •mu
transferred property by deed, and afterwards destroyed it.
the destruction of the deed would out deprive the grantee at
the interests he had acquired under it. The distinction
was well understood. A deed was irrevocable unless the
power was retread, while a will might at say time be
revoked, and that was the reason why it was usually ca led
the " last will." But this deed contained nothing like the
character of a will. There was no power of reredos con-
tained in it. The grantor's object, in making a dLposition
of those jewels by deed, and not by will, was perfectly intel-
ligible and legal. It was not a fraud, although one form of
disposition wee liable to a greater amount of duty than the
other. That Finciple was clearly. laid down by Mr. Baron
Wood, in 181 i , •• ease decided in this court, and reported
in 3 Price, p. 388. Upon the whole, Sir F. Thesiger
er-
prised an opioioa that the jury would, aft. r hearing the
tv Renee, have
very little difficulty in findirg by their vet-
diet that the deed in gitestion WAS executed about the 20sh
of May, 1821, and that was really the only issue submitted
to them.
Mr. W. Belton Creelock, solicitor, was then called. He
produced the original letters and drafts referred to in the
statement. He roll( eted the deed having been engrossed
and sent to the Lee Mr. Hope, but he had no recollection
whether he had witnessed the execution of it, except horn
the entry in the attendances book. That entry was in his
own handwriting, and, looking at it, he had no doubt upon
his mind that be did witness the execution of the deed by
Mr. H. P. Hops. The instructioes rut to Mr. Preston
were takes down by witness at the dictation of the late Mr.
Henry Philip H. pe.
Crose•examin d : There were three parties to the dud. It
nn thus: " Henry l'hilip Hope of the first part" '1
Hope, of nephew of the said H. P. Hope, of the seeoad
' pert ; and Thomas Hope, of Duchess-street, brother of the
said H. P. Hope, of the third part." A fair copy of the
draft wog sent to Mr. U. P. Hope on the 18th May, 1821.
On the 19th he wrote to me approving of it, ordering it to
!e. prepared for execution, and appointing the following:hin-
d le Lich was the 20th, for me to wait on him with it. I
have no doubt the name of " Henry Thomas" was filled in
before the deed was executed, but I have no »collectior
urn the subject. I left the deed with Mr. Hope, and never
saw it afterwards.
Charles Wihiloon, son of the law stationer who engrossed
the deed in ((motion, proved that an endorsement upon the
back of the diet. was pally in the handwriting of his father,
who died in Iftle Lookiog at that endorsement, and an
entry in his fatty is book, he had no doubt that draft was
en reeled on the 19th of May, 1821.
Fir F. Theidge r then tendered Mr. Creelock's bill of eoets,bst
The Attorney-Oentral obj.cteil to it on the ground that
there was no evidence of tillers it came from. There was
nothing to show it had ever been delivered to the res Mr.
Hope, although he had paid its amount.
Sir F. Thruster : This document erne out of the beads of
Mr. H. P. Hope's executors.—The drumultwas afterwards
received in evidence.
Mr. James Maunder, of New-square, Lineoin's-inn, who
succeeded Mr. Raphael as solicitor to Mr. H. P. Hope, pro-
duced a large number of documents found amongst Mr.
papers, which were delivered up in 11-38 by Mrs.
Raphael, the widow of the late solicitor. Anuses those
wipers was the fair ropy of the deed in question, which was
esi,d to 1842 in au unlocked box in which ether papers re-
lathe,' to the late Mr. Hope's affairs were kept.
Cruse-examined : Any one could have bed seats to the
I box in whir those papers were kept ; but Ido not think
they were ever interred with. There was • deed of gift
id the jewels from Henry Philip Hope to his parrot
nephew, Alexander Hereof.» Hope. It was dated in 1832.
—These &convents were tendered in evidence by the plain-
ii'.C.lll4l I, oh cted to by the Attorney•Oeneral, and re-
, ..ti Iby the e .urt. The pleintift's ease having eked,
The Attorney Cholera] addressed the jury on behalf of the
defendant'. lie eknowledgi d, ac ts.uosol for the executors
lot the late Mr. Henry Philip Hope and for his youngest
nephew, Mr. Alexander Berea.» Hope, he was not prepared
to make any apology whatever for taking every technical ob-
jection tint could be token to enable them to defeat the ob-
ject of these proceediern No Pert of the reef thoe bed been
°pre d by Ehr Frederick Theriot, and when the jury bad
beard the whole of it, they must, no doubt, arrive at the con-
clusion that the defendants were perectly justi ..ed in resist-
ing the present attempt. It was nut for the value of the pro-
perty, although it had bees estimated at 84,0001., that Mr.
Alexander lierenord Hope, the principal defeedant, was de-
termined to resist. It the jewels aloue were the subject of
dispute, Mr. A. B. Hops would gladly relinquish all claim to
them sooner then persist in litigation with his own broher.
But they did not constitu'e the only cause of difference. An
attempt had been made to cast a most unwarrantable impu-
tation upon the character and memory of the late Mr. Hope,
end Mr. Alexander B. Hope f.lt it hie duty to rescue the
memory of his benefactor and relative from the odium which
would attach to him if the present claim prevailed. It •
verdict was returned for the ?laietifl it would be convicting
the late Mr. Henry Philip Hope of duplicity end
deception—nay even of fraud. Ore of the dearest
desires at the. fate Mr. Henry Philip Hope was, that his
norm* onoectico. enousd be kept together and descend err
pier to one of his nephews. That desire which he was ire-
queatly rased to apes—which was repeated
.in the most

TIIE 11d&MIVIELL
.Actin AND WHIM e. UONS AND O,urns.—Tb'
Ase which ceetipead mend hours of Turs.ltiy,
roused and brought to a termination Int' May. 1.
was an action of trover brovaht in pursuance cif en
inter of the Master of the Both, dated the 28. b of July.
1.'17, for the parpme of as .—mrt ft whether • certain dscst,
bearing date thel9th of May, U3l, and coney) in g a vela-
abie culieetion of jewels, dianthads, ie., to Thos. Hope, de-
Ceased, in trust for Henry Theo. Hops, his mak mu executed
y the late Henry Philip Hope, time
bo re date. The pleas we nnt at or about the
aad no
bar
P. Tbseiger,Q,C , with Mesas. 'amokarui ireak•ard ,
were mensal fur the *inn& ; Je Attorney-General, Sir
SIC., Mr. fferj. Channel, aid Mr. Paton, tor the
rhos/ant& Set P. Thee: ger stated the plaintiff's emme. He
ild, although in form thi action was brought by the Meows.
lemma, eucutcn of Jeremiah Hannan, wbo, in his life-
time, was eke executor of the late Mr. Thria. Hope,
!pint the /amours of the will of the late Henry
Philip Hope, it we., In Fiat of fact, en action between Mr.
hen Thorns Hope and his brother, Mr. Alexander
Mam ry
ba Hope, nephews of the late Mr. Homy Phrfip
11.pe h appeared Mr. H. P. Hope had formed a very
cosier sad valuable callectioa of jewels, minerals, and
articles of vertu, which be prised very highly. They were
generally kept in • mahogany cabinet, and remained in his
psemession up to his death, which hemmed upon the 6th of
Deo., 1839. He had prrvimely nisei • willleaving his
three eschew., the sons of kis inedtmr,Themes Hays, resi-
duary legatees. A warms uswogassonimisamsaggaids payers
IIND• tines tine:ward% a semis dosweseit was Abuse:ed.
whisk led to the ispeanics alto Is 1114. les MA mat to

ASSIZE INTELLIGENCE.
CHESTER SPECIAL ASSIZES.
The special aisles tor the city sad nasty of Chester sem-
meased yesterday before Mr. Berms Alderson and Mr. Jos-
tles Us. Mae were ieS prisesen for trial, about 40 of
whisk were for ethopirecy.
Cowalftiutot AND IlisonWnawoft.-0. Yogis, •C
22.• envie, was eared with WM., at Hyde, GS the
ladoulawfully ~plead When, by sienna slimes
asW am^ Is subvert the laws, to Nis Masi el Mr
sae= The Indimment isichmied As spelt et
at II 141:4 Tide holm lees reed, tbusii=
TAM
time to sad heaped Sr awl of the
AlMonspesnend sekt be wet gin It to limes •
flaw of Am; bat not el rlghil. N. might te plead Were
WWI* Adietthrat.—The priesner having *Med net
rifts
, The Annuity. General rest A state the cam en bthelf
the mem. In ea& xo one soda have heard rem* the speesh
imputed to lbe sham wilbsot a mile being poothised ea
I his mustmemeibles4= of the begpmes essesiaml.
The Wessel then went ea to sap Met
M felt be have heat wanting la his duty if he bad
not 'rimed a ithermionliM to punish the prisoner ter the
delivery of each a seditions ire* es was Imputed to Me,
sad to
soavinee the pse athis country that the
=if dm law ment bevia seated, in order that the real
et the Wise{ might be round. The prisons;
Ma
Ivied here, was as inhabitant of Ilinaingbam, sad
bed far more time bun ems of these bleed advocates who bed
travelled sheet the arestry hr the purpose of prometbig
agitation. The drips were le subnense three. Om was
tbe deathly of anthem speedy the mooed MIS elelepiring
with ethers to WPM w piernmmt of the othatry, and
tbe third was for Wog present at an unlawful aseembly
mime be delivered tbe epos& reinved to. The learned getn-
Mims then proemial to OM wat to the jury the various
Cln the speech alluded to, sad, concluded by- observing
M felt sure a more &dm Asmara of sedition had
meth, been brought before a Jury, end that they would have
as difficulty in finding the giMear
T. Brown, a police.eillaroosid that Ma attended several
monlogs held on a piths of wises pound joining the ear
ibteeems at Hyde. Ile was at a meeting on August 8.
Tinge ewes about ,1 800 perms gtherat. When he got there
gelesser was addressing the people. • [The witness here
possold to read ham his setae l la the course of his speech
the Klemm laid that if ;sweated the charter they must
help themselne. They NAM Ammo O'Connor to
get the charter for them. feedlot think he could
get it. It was themselves mud get the charter, and must be
prepared to take it by tore, for be could tell Ale= that the
tyrannical government of this senatry would never grant it
them by moral form. No mad Moe for hint, but physical
force. Ile therefore advised them to arm themselves, and
drive the tyrants host their Mb. He said Down
with the church and the state and the government
too, for they were the greatest tunes the • people
of this counts', bad to contend with. If they
were organised let the government see their atzength
with the bits of steel at die end of their stave*. That was
the way to get the charter. They wanted no Q. 1•4•11 nor
Print* Alberta nor the Archbishop of Canterbury, with his
76,0004 and odd a year. He would do it for the odd hun-
dreds. If he bad a wig on his head would he not make as
good a bishop as the Archbishop of Canterbury ? lie called
Lord John Russell the devil, and said, down with them all.
Prima Albert they would put in a bundle with all the little
moos, and send them to Germany. AU those who were for
fighting sad putting down the government, Ist them signify
it by bolding up their hands [Here, the witnessa
mid, nearly all the people held up their hands.]
The witueu proceeded to say that the people went in pro-
releitin from the meeting, and on the following Monday he
PLR another procession, many of the veeple armed with
pikt and several of them were those who bad attended the
meeting on the Bth.
Th: prowler contended that he was not upon his trial for
having caused that meeting.
The Attorney-Celle/IL—lt is included in the general in-
dictment for conspiracy and to excite terror in the minds of
the people.
Salutation oontinued.—On the Monday the people went
to the different mills and palled the plugs out, and stopped
the engines. [The witness was here eross-examined at con•
siderable length by the prisoner as to whether he
wu sure he had reported his speech eons ctly.—
Witness would not swear that he had reported
it in the order in which it was delivered. He might have
transposed some of the topics. The meeting wasquiet, but
when it broke up he was afraid of being ill-used. The
people kept him in the yard for 15 or 18 minutes, and would
nut let Lira go. The prisoner continued his croes-eaamina-
tion for some time, and was proceeding with it when our
report was despatched.
The trial is expected to be concluded this day.

Mao& mower wity=gbeer• his Oath, was by the
s
present es be trarzated. Nay more, a
skissamar a Wei Ampdaa wee given to all his
silatamosta Jamie he sway yews before kb
deaf& Tie • eititit ef the AA Mr.Nwe wee that
Ms sodlestim sheallospeenrwed en** he me buena el
Me ilmajishoptiaegelds•66l.2....m m.sede Mow Wall Abe mtgs.
ised, aff • Si aims.
Few ha 1 they twortolZed ahltltliribilotheresse am
Mr. aspe's death they weir whet pants daty at
64,000 L lithe masa* Walla preasde the eilioldisw mast
inevitabl be divided, and as AMINO with lithe mellector
It
of any dMO ant entesidalmade a that ealy, re-
swami that Mimed ar. Alexander
S. Hope to moist= isibriesne the details
ed tha ease it might hot be rannoweraory A abie a Aw
facts relatiag to the bisWel of this lbw*, _ as mom
Member ot which the late Mr. law balm meitey
provided. Mr. U. P. Hope lived on tie meet saisbentate
tales with his brother Thomas, who bad tbressesse—Heaty
Thomas the eldest, sad the plalatiff In this action, wee horn
in 1807. Adrian, bone In 1811, and Alexander 13•1116,11
(the real d•lmulant). bogs is 1820. Mr. Thomas limos the
Meeker. died ia 1831, sad Mr. H. P. Bork Wham balsa
boots Borg mese moi w, by a Mir
mewling*, d
iA
s,e it mbrxyggstit task jots : It Ale of Dee.,
was gereticsoseloo ; bet le 111_5 kat Mil, width was made
ffissaith
k persheamodastobikakiatiewasbalserfedapveryiehuwlarge.lemsfortsuire,ese
Wilts Mot be left about 40,0001. a year, and
dwarf IlMe about 60,0001. • year. He was •
man of 'meant is, sad took the greatest interest in his
allecias ofjemb and Wares. He was meet &aims that
they &Medd be wares& Redivided in his family, one of
dot era ellsimpiod to deka those wishes by legal teakni.l
WNW. The nos M left to the plaintiff. In lOU,
whoa the jambs sad precious stems were only le
SWUM Of liikfikek these was no question as M. I
toads& to bow dim to one of his nepleows.l
Ho wiled to made the pamaant of legacy duty, and it weei
est kw • fonset denied that he gave Mr. Creelook, hie I,
selkleat_leisetikus to prepare • deed disposing at the pea
=4 11111 k. Messy P. Hope in 1821 duly execatied or b-
eak a deed as that desseibed, and before its seek-
des hearted the plalatife name in it, no doubt Bir T.
nava' was quite right when he said it would take arid
eisikely, and mold sot be revoked by the grantor. Oess
Os
awl was duly emitted and delivered, the name of the
pastes previously inserted in it, the grantor had no halm
sewer whatever over the property which it purported te
iniasfer. It was, however more than doubtful that oath •
deed mat had been exemad, but at all events il was ahem*
weals that Henry Thomm's name was ham inserted Is IA
It was (site clear the deed had never been delivered at all, 1
sod Mast was se, it was perfectly imperative. The granter '
dewedd "event wills, disposing of the identical
to have been transferred by the deed la
=la all of them he left the pictures to Hemp
What necessity fee doing so If they had hem
=sisa& of ? la 1832 and 1830 he executed deeds
those jewels to Alexander Beresford, his
nephew ; and in 1838 he filially determined *Athol
=rim the pwristor of them. On the last 00641100 1
Immediately before leaving London for Holland, he gave his
dos so-kisw (now Lady lierosfead) three parcel", one ad-
orned, ha his own handwriting, to his mpbew, Adrian, an-
other to Alexander Berestord, and ebbed to the lady herself.
He directed her to give them to her eons as addressed, but
not until after his death. lie returned to England after-
wards, and the parcels were returned to him. lie told several
=losimarected with the family that the jewels after his
were to be Alexander's. It could not he denied,
7.ititre, that he must have been guilty of misrepresents
Lions and hypocrisy it he had made those aseertims respect-
ing his gilt to Alexander, and believed that he had diapered
of the property in 1821. The reasonable solution was, that I
the deed was cancelled before Mr. Henry Thos. Hope's name
was inserted in it, and that it never was, in fact, legally 1
exemeted. There was no evidence it was ever delivered. It
was suggested that in 18.11 the grantee had not made up his
mind to which of his nephews he wgiveould
them t leave ho
is jewels. If
he had made up his mind to his eldest
nephew, why should he have kept it • secret from his brother,
the trustee named? The solution ma, he had not medal
up his mind, and &id hot wish to create expectations which
never would have been fulfilled. No name was mentioned
to Mr. Creelock, though he thought the eldist nephew
stated. No such description wee to be found in the draft
decd. The copy dad sent to 'he grantor, and returned by
him, left the names in blank. The description of the nephew,'
whether the eldest, the second, Of the yOUttgett, was also in I
blank. If the dead was kept by the grantor, and never de-
livered, it could not operate as a deed. The party who
should have had the custody of it was the trustee, to whom,
if it wee meant to operate as • deed, it should have been
handed the day after be mention. It never was so
delivered, and never was seen by anyone since 1821. Ilad it
been executed, the late Mr. Hope, who was • man of good
sense end judgment, would have dealt with the pro-
perty as he subsequently did. The deed of 1833, leaving the
jewels to Alexander, was established by the jUdgment of the
Court of Queen's Bench • few years ago, and that WAS the
instrument by which the grantor redly meant the jewels
should be deposed of. At the conclusion of HA learned
counsel's address,
Lady Bereatord, who had been in attendance sines the
sitting of the court, eras examined. Her first husband was
father of the plaintiff Henry Thomas Hope, of Adrian, and
of Alexander 13. Hope. The late H. I'. Hope lived ea terms
of the utmost affection with witness and her family. He
occasionally 'poke to her on the subject of his property. In
Sept. 1836 he came to her in Cavendiok-square. He then
lived in Connaught-place. He raked if he left his jewels to
Alexander witness thought he would always keep them ?
Answered she wee sure he would. Ile then asked whether
she thought Adrian would ? Witness said she was sure he
would, and after some private conversatioo, added she was
sure either of his nephews would keep them. He at one
time told witness that he intendsd to divide his property
equally between his three nephew', and asked if she would
he 'abetted. Witness obi perfectly. In June 1838 he went
to Holland. Before his departure he delivered three parcels
to witness. Two were sealed, the other was open. One
was addressed to Adrian, the other to Alexander. The third
i was an envelope without writing upon it, that was for wit-
MS. It coateined nothing but a key. Ile then
seinanly regulated that the parcels should be de-
livered by witness as addressed after his death.
TM parcel addressed to Alexander was like • very large
letter (it contained the deed of 1828 leaving him the jewels).
Mr. Hope retuned in September from Holland and took
back the parcels ; that for wham also. lie went to Hot-
Lad again in July, 1839. He gave witness the tame parcels,
OS far as she cenld say, and with precisely similar directions.
He again returned in September. A very few days before
Ms death witness said to Lim, " Henry Philip, do you re-
member 1 have got three parcels of yours in m se 1"
He said he did, and nothing further then tookplace respect-
ing them. Wither delivers I the parcels as directed the day
after Mr. Hope's death.
Crom-examined : The jewels had been removed to • tin
box one time. That box was missing in the autumn of Is3o.
When the late Mr. H. P. Hope heard of it he said, " The
loss will bo Henry's" (meshing the plaintiff ). Never heard
him Fay that he had given his jewels to any one.
The caw was then adjourned to
YESTERDAY.
On behalf of the defendants several deeds, draft copies,
letters, cancelled and blank wills, and other documents,were
read, subject to an objection by Sir F. Thesiger to the ad-
missibility of any set or declaration of the greeter since the
execution of the deed of Kay, 1821.
Mr. Henry Hertz deposed that he had been for forty years
dealing in diamonds and other jewels. In that airway he
became acquainted with the late He. Hope in 1832. Had
charge et his collection up to the pet b. 4 of his death. They
were kept in a mahogany cabinet 2l by ii.; end 12 inches.
Mr. Hope kept one key—witness the other. ~ n the 10th of
April, 1833, Mr. Hope told witness that hi. 'owl given the
cellection to his nephr.v, Mr. Alexander Deader& llope,
sod pointed to the deed which then ley on the table. At.
tsched to the cabinet was • piece of vellum, upon which was
written in the late Mr. Hope's writing, "This box belongs
to Alexander Bamford Hops." There was ablue diamond,
valued at 30,0001. in the collection. Mr. Hope purchssed
it for 13,0001., and instructed witness to get him a purchaser
for it. In 1838 he found one, but Mr. 11. P. Hope said he
could not then dispose of it, bemuse It belonged to his ne-
phew Alexander.
The defendant's nos then cased.
Sir F. Thesiger replied ow the whole ewe. He was star-
tled by the unfounded observations made the previous day
by the Attorney-General with respect to the plaintiff's con-
duct. There wee no intention whatever, on hie pert, to
blacken or cast the slightest discredit upon hie uncle's
memory ; and it was to be regretted such topics had been
made the subject of comment. The plaintiff offered to settle
the whole matter amicably. He claimed under the deed in
question. His brothers Adrian and Alexander claimed
under two deeds, one executed in 1832, the other in 1838.
The pie intiff proposed that they should all three stand upon
their respective rights under the last will in 1839, to which
probate was sued out. He amecd, if Alexander gave up his
clam, under the deeds of 1832 and 1838, t 3 surrender hie
rights under the deed in ;motion. That come they refused
to aequirees in.
The Lord Chief Baron briefly summed up, and the jury at
nice returned • verdict for the plaintiff.

INSOLVENT DEBTORS' COllBT.awalfarrinn•v.
Before Mr. Conimiseloner Law.
IN HP WILILAM Woollo.tlc.- -Thih cue, the former hear-
ing of which appeared at length in this pacer of Nov. 3, was
concluded to-day.-111r. Cooke, es la the last occasion,
opposed on behalf of the Lefol and Commercial Assurance
em,,puty, and Mi. Nicholls supported, the insolvent —Mr.
James also appeared to-day for the purpose of vindicating
the character of Mr. Newton, who was alleged to have been
implicated with the insolvent in obtaining from the esin-
patty a loaa of 4501., out of which Newton was paid a debt
of 300 i. From the evidence adduced at the first hearing it
appeared that the patitioter and some other parties desired
that a loan should be effected with the Legal Assurance
Company ; that it was arranged between them that one—
namely, Stephen Woodgate, bulbar to insolvent—should be
the ostensible borrower, another (the petitioner himself),
should be one of the securities ; that a third party (Mr.
Carol) should be the other security ; and that Mr. Newton
(a lace merchant and discounter of bills) should be the
referee. The money was advanced, and it was now sought
by the company to charge the parties with conspiracy, for
which, however, the learned commiadoner declared there
was no ground, altholt it was manifest that Newton had
represented Stephen Woodipite as a responsible person,
when he must have known that hi (the borrower) wan in-
solvent. Alter a lengthened examination the insolvent was
remanded, at the suit of the general body el his creditors, for
a period of five months, and at the particular suit of the
opposing parties for a term of eight calendar months from
me date of Ws vesting outer, tor tuning eontraeted a dent
vita them without an reasasable expectation' of mutant.
The costs el W appaslW win sawed..

POLICE.-YBsTEEDATe
MANSION-HOUSE. - GOLD-DUST Botulism - T.
Powell, U. 11. Wane, and J. Lewis, were charged with
having stolen nine packages of gold-duet from the brig
Lrissuel, on the western coast of Africa. The par-
tieulus of the ease are contained In the follow-
ing statement : - Captain George Vickerman, meter
of the brig Lemuel, of Brirtol, anchored in the roads
of Elmira on the 27th of July, 184 e, and caus-d notice to
he ides n to sevstal of the merchants of the Gold Coast,
Western Africa, that be ntended sailing for England on
the Bth of August, and that all gold freight should be deli-
vered to him on or before that day, and he received
from several parties eight boxes and pecksgea, stated by
them to contain sold dust, ore of which was from Mr. A.
Swaney, a merchant residing at Anomaly)°, to be conveyed
se freight to England. Teat parcel contained 150 ounces,
and was directed to Messrs luster and Smith, London. As
he rem iced them he placed them in the corner of his bed-
room in Elmira, to which he was then confined by illness,
but be did not leave the room while any part. of the pro.
petty was there. On the 9th he delivered eight of the
packages to his second mate, Thomas Price, to take on I oerd
and deposit in the state room. Next day he delivered one
other pack age to Price to deposit in the 'awe place,being too
ill to go himself, and he received the key of the room. On
the 11th he received from Price the fo'lowine letter :
84,-1 am sorry to Mem sou of what occurred this mom.
Mi. The Mete. Watts, and obi Lewis went away tbis morn-
ng at about half.past Mao o'clock. taking with them an the
gold, two chronometer., cabin dish firearnis, calomel, rac.
They went ilk one of their own watcher, when the mate -
came te me to wish me good bye. I then cowed all hands, but they .-- -
teat all things ready In the boat. They went tones, and I ham bad
the ensign Mooted imam down all the monde,. I could not let you RAILWAY NEWS.
base torture, they bore broke all the lockers. I hojts you will be able WEDNESDAY EVENING.
to come on tu.ad.-111 main your obedient (Signed T. Pm, v. SIAM have been firm, but without nmch business.
Witness then applied to the Governor of tans for officers
of Filice to accompany him on board the ship, when they SHARE LIST.-LONDON, D1C3111131 6.
foiled the pannel of the starboard Mate mom burst in, both bola-The metailano of lI tuo in Homan character' denote actual
larboard lockers broken open, and that all the bum of gold rm.
• . Moo. of nurses Bakes sellers prime.
FLIP.
dust, the value of which was about 7,0001., the whole weight so Mender l6 17 60 Lawton st:S.lraferaTl 39
being 1,760 ounces, were mining. He also missed a small 41 4 etherye Sot • 11041 41 31.1. 42f. 80. /Cr.. sof,. .. .., ly 1/.1,
box, which had contained two watches, from the same 70 llf7-7"7B•Du'Le'll" pel I 3. lie. 14.4 W 14 12d.
dr. pal. or rrL • guar • 30 Do. Cesar. Tenths 1614 d.
locker, and his two ehronemetete from the library, and to Iso .0.441114M11,14144: 1 4p. 40 Do. s,ot . Tastste l4 ISL
other article', amongst which were his cutlasses. Price, the 131',/tir Wet-sea Valim el id 131 Do. Thirds 5l 45d.
record mate, gave him a p-stion of the box which had con- 50 'll7.Ti„t„t,,tealli. kl II { D.:4o.6.Preite r
rained the water es. Ths three primulas who had been on 20 Au.duaritheadeuar ' 91 It Lon.,totricTroa a. per
board till he left the ;ship were all absent, but without his 6 Borfea.srams &Biras.'3 Id. 4 Mon., Neal. aNa ti 310.
permission, neither had they any authority to go to a piece r Dritt.ovzgLid......4 Itt 1300131.1e..91C4&34ne. 42
roiled Cormantiae, nor had he told any one of them taw ckhoh„..Air, :.,31 ..u. to 1 D0.1„,„,fi0 tv.ll 7N.
that anything hod been forgotten there, nor had 60 I(2.lleaota.us .. ......
,14.4. 40 D 0.01.0 111.04. 31 29d.
they authority to take eny portion of the gold dust or 91 1,'?.. Itl,',v_ei. ,d7.".- To 31?,1!"d .. •• -• •• •• •17 fa
the other articles to which ho had referred from the z,", (7,‘,.7,4n„)11,,,,,h,,,,d Li LIT i 5". mg,,ba Prof .
ship. Ile also missed the boat called the captain's gig 15 I I,o.'Pr hounce .. 13 100 Do.Dirass2 1.;1l
from the vessel. They bad no permission to take that boat. ill, /pl,,l,illniemse'44 0 1,1: miZall7trL'e°llill7ll
in three days after the robbery he went to Cape Coast Castle, :1 -;
ss Pas. lot. E. a HO.. 331 46 MUGS. Ircsf lirilsrs
near Elmira, and found the three prisoners in custody there, 3.5 o...tontesesse.ret 71 $1 MO N41440511e .f., Carliok
and he also saw there hie two chronometers and other pro. e?. ,Eoecm CounOm .. 111 2 25 North British ... 1
putty of his own, and the gold dust in balk, which was not lit; l .)`"
s isse.Lt.tper.V.ll;er c.o.d. ISt °ill ts seem I ae
the state in which he had received it. The Rig had been el De. sto Ns 2 par 4 1 . ~......,........, 14
brought up to Cape Coast from Annsraaboo. Wh.:), ih pri. 60 I Dairorithasti,4l
.0
11519 Do. flints ... ...In el
moms were examined at Cape Coast Castle, he hear) Pawell ttl taraig.; .... lii‘hiod , 1v0g,,..t;;;;,.....: :: :1 II
my before the magistrates that he was so drunk ho did not 34 1 po. a,,, ft, . :A it, 8 Ile de.0....514,014,
know what he had done, end he beard the other" say that 25 I Earfera Cities C7....4 . td I DO. do. 6prr aa. si, ni
they were drunk. Powell also said, upon going into the It ,a 31 . . ii, 4 131 1 1:,,.;111411.11,=; 1 14,
Dederairii.,,p.C.ptt 4 31. 15 Noah ntadonivtdre.. 31 1
cabin, that he had taken the gold dust. -Mr. Hayward, 10 1
who prosecuted for the Treasury, said that Price, the *
Enna
esea. ..... .. lit k 01 North Watern ....
second mate, whose evidence coctirmed that of Captain Lls ....° wort Wet H.
Vickermsn, was in consequence of illness unable to % 1:1;',411,',7„,:,4:,-....i11eig. l; ""d•Ropyluindli Cali ti t
come to tewn.-Capt. Cetchpole, master of the brig Tweed, il Po. a p tt.l'rfia.'pag. 20 'Sottish t?ntral .. . 232.
of London, said: On the Ilth of August my brig was
,y 2,5 I,lV.l.dn4o.ln,hirc • .:242... $3 s,:o4fisis. Ali:lrlattaaa.. 7
d.
off the Gold Coast. The Lemuel was lying at Elmira, an
dn ; '1'47.12".,r.i. il a, 1 i.,,0. dv,..ek.l 4 dd.
i
1 was twenty-four or twenty-five inleti off. At about Ii leseter.voseihtiCied I Do. do.ilow.(Asar.
eleven o'clock the watch gave me information, and 119 Dung Nurthdorenf ...11 4 11 Earessat7hmA WA 320.
went upon deck, and toned Powell and Watts l''' jolt I tteeense.:n " 111 Do. Bairn ...... 1 lad
Do. Osu.rstry .... N.
on board my vessel. The gig of the Lemuel was 2 Do. Extousee. „Ire M. D0../eese... IOK
lying alongside, and the prisoner Lewis was in the gig. I 4! Sle.eyerhatt' et ifee.lllise. is De.sperCatijiii 121 13d
i
asked the chief mate into my cabin, but before he went is -tiz,....orW ./4.4‘....
............ 4 :wt.,
,ti0i....... N
.3t.
down he said he was bound to Cormantine, which was 30 Do Ne.0.M.... x No. I ne. prge.•,,•,... it s
about two and a half miles or three miles from where I was 14 Do Neo•141. •- • 1 UV. lgovtle StafrordsdarC a 14,
.„ When ho came to the cabin be said all the Things 7.1 °TrP7';;Aera 7 . loath Illoosn . ..„
.2 s arcs ...... T 21 O. d 0... .... 110. 113
had left behind at Cormantine, and he had been sent fi Do. t abares...... ZI DJ. do. .. ... No. 2113 LIJ.
far tilon. He thought of leaving in about an hour to go, io po. AVMs ........ 34 26 Do. do . • • 111134 it
bat as the sea was very heavy I persuaded him to stop Ull 130 Hair u 1.12114 ...... *I
94. el it oliv)Adik.l tslils.'",
. , - 'ti im.
morning. He did not appear otherwise than sober, but 126 Do. Wares ••47 4$ 6,S ThricamniCook
did not exactly like his manner. It was not is if has sac in 12.1. Do. 4 shy res. ......:t Op,. 45 , Indeed. & Liewricit
liquor. They stopped till about six in the morning. 1 ots- V) ILT 4,;,74,44811-111,62._. ti IWeirVellerm.ol-er.;55
served *bap of something in tbo boat, which I trek for e 3 I y,,,,,,,,a,kg, 4 red,,,41 ... Do. d 0....... ..... 120
10 Do. do OA
clothing and provisions. Having observed when they left the se lie do. 26 led. * .1111ta, [Som. alreymr
ship that they pulled in shore, and as they got in they edged H it& tdo
ffs
16 1.31.
_9l Wos.gasu.am s eid
sway to go in • different dirs'etion from Cormantine my sew 16 1:: WV, . ' Itil: re 1 111. News., &a= II 4 iii
pinions were excited, and I lowered one of in to pursue M Do. tii.rfaaar.:::o 16 DolitrifolYlisthwilll
them, but on second thoughts I went to Me. Swaney ard li lit 'Eteg,s,,._:. . . 1: Douteeremenae pi
told him what I respected,/ and steps were taken' . follow i 1 pc, w. E. ti„,„„ 110‘ 50 , Yet &X. Mfdtradl alO '
the prisonere, and I saw them in custody of Mr. Swaney 26' Do.Treetecateere Se 4 M , Do.PrZsessos ... gs
about the middle of the same day.-11r. Andrew Swaney, • ,?,i'l Do.
landa%try • • ...;i4M tn.. Sh ,gfotilittra II
reerchait, residing at the Annamaboo Fort, en the Gold l"
to Latta and Thirsts ,12 B - q Anast-trairan . T.
.1.
Coast, Africa, mid : On the 12th of August I went with $5 i Dr. Do. Noe 133 VA a Botdognememel-Mil
Capoain Catchpele OR board the Tweed, and Berta man to 32 , •,De,do re,9l6prill $2l. 1T ,Cm.of Fr.lar.‘ Veal 'llt OK
the masthead to look out for the gig of the Lemuel, but it Itt,=, kt tc;=7,4 q 7 1004. Itheols4. .. .. . Ito.
East Indian.
could not be seen. 1 Hen pursued in the direction Captain yji• go, 'k,„„,,„„
~ Of. /*die Peasinai
Catchpole informed me they had taken, keeping a distance fe Ison.,linehton,B. do. OA I 1 Looodo Asa sa.u.,
from the chore, so as to see on shoes and out to sea, and 690 DIZ-I,ll6l4"Ztlir M •letzwatoure ..... ... I
I Ditto... , -..
about hall-post 11 I got sight of a boat, with the aid of my go IM. inw.2. "'" 10 !Kamer an...fairy .. 41 id
telsecepe, close to the curt, as near as she could be with 4 Do.Newst gr•lilaild 11 Northern of Iranes.6 2
_7 :Orleans & Bonkaus'll
'del and I immediately bad my boat pulled to leer, sad It hervde4hGtfouefehl u ;pry sill
irons- or 614.
gm 'lt was the gig of the Lemuel, ' end that Powell and pig.e,,,„s,,agel,wasMioluse isk to I Do. do. ~-.-..
Lewis were in the gig lying on their oars. When I got $ Do.Qdars. 1..• d. 0, 10 ,Parla andDrirans.. 24 "1
within about 40 lards of the boat they pulled in shore l ,5_76,-14,,,,ewr.,... 4ll I 10 Awls add 1100.,6 .. 14 16
9 'Park & Strostaatro 7 61d.
towed& the beach, and I did so also, and landed about 40 .25
.7,-; ;6,7, 14. s 1 ROY 14 and tiara.. 7i
yards from the gig, which was then lying close to 9 D 0.104 eh ,k 441•11 Up. 90 Swain owl Mm.. h 3
the water's edge. Powell and Lewis were standing ? tiool46B:Ans "IL lon lei 2.1 purl esso ifestee.. 71 fed
close by, and immediately afterwards Watts ap- ' ,m a Be.ll al wad Itorders nNU
MISCELLANEOUS NEWS.-Casmnomtax.-In con-
sequence of the Goading of the Clyde Is, the heavy Taira of Sunday
peered with a greet
poonocout:tobeor
of oofiargthe
Some of the natives had eclothamatibmives, nigh the trate° ocro therbececo‘t.dbomotankrmonanwskay
and one had two boxes containing ehronomets re in his hese, tr. 4,,,i,„ bee be: coAsieeraorbly.
and two or three of the others had cutlasses in their posses- tie newly, at Lamininaton and Crawford jibe high
sion, which they gave up directly arm being ordered by melands adjoining lino at these points the dons ot wind and rain
so to do. I said to the prisoners " You are my prisovers;"
and one of them, I can't say which, said the bag contained cos
are oar et
b 7,,, y. . .
,i'' aTtbc:eb .
,byar e qu the 1 . t b ei
4 water,kb.° """ m m
eke w ma
IL.
tall It ,that
. b a
awayt h e
dk Ia se
t.
valuable property. and Watts said that the mate's jacket had 3,,r".„d, thnui
fallen into the hands of the natives, and that there was a ,g„, gb,.,,,,.g„,.gt,,,,. 1,,,,,,,,,, the Time 'lLLaimi - - ia-. *rt.& 0, th.
Mall quanta yg...ird duet in
tied up
afterwards rot Locket chum an alit. Fortunately no iciss ct lim ce limb haa occurrou in
hut sot the dart. I tied up the bag sad gay into amesquente of the mcfnent. The sate pawl es 15.1 part m the