The Express.
London, England, 1846-12-19 00:00:00

THE EXPRESS, SATURDAY EVENING, DECEMBER 19, 1846.

that the atrab'4ling tows is completely to be removed, to
give way to a L niform fortified city; in a word P.) rtland is
to be made &not); or Gibraltar.—SherbPrne Journal.

Stilwell, ,gets.-11.11. Sloop Warp, moiety of the proceeds &the hull
and cargo of the Brazilian brig Is4el, captured Ist June, 1641. Com-
mander, lOU. Orld. ; First clam, MI. 7s. Id.; Second clam, la
9d.; Third ciars,lo4. 4ld. : Fourth clans, GI. 13a. 7d.; Fifth clans, V.
ea9d. ; Meth class. N. is. Gad. ; Seventh clam, 11. Is. 3d Ommanney,
Soo, and Co., agents.
APPOINTLIENTS.-ADIMALTY, Dec. 13.—E. Edington, Muter, to
Conetenay, Leading man of &anthems., Deptford.—
J. Fowles, Foreman, Malta-yard.—E. Wood, los]pactor Sheerness-
yard--G. Barnes, Clerk's Assistant, Ateerott• Uzi. , John
Louis, Rear-Admiral, Devonport Dockyard.—N. Banie, Assistant
Surgeon, Gegl,n.—W. Coekshot, S. T. Singer, C. B. Chamberlain, and
S. it. Stephens, to be Third Engineers to the William mod Mary.—
H. Kelly, Master's Assistant, to J'oeodik.—C. J. Saunders, Acting
Master's Assistant, to Light sing.—J. E. Price, Clerk, to (Ancodik.
P. Brown, Boatswain, conSemed to Oceon.—M. Ware, Bestswsio.
to Strowtheii.-11. Turner, Carpenter, Persian, adv. to 2nd clan.
Dec. 17.—W. O'Bryen liaare, Commander, to study at the Steam
Factory, Woolwich.—T. Frazee, Surgeon, to Crocodde.—W. L. Gor-
don, Acting Assistant Surgeon, to Caledonia—Dr E. J. Sinclair,
A.gent to hick Quarters at Wiek.—W. G. Tucker, Nidnhipmafts to
Venveanee.—C. E. H. Tarrant, Master's Amistant, to Pietory.—W.
Poynton, Master's Assistant, to Cale loner. —F. J. P. Chitty, Clerk. to
Retheist.—C. H. Boughton, Second Engineer, to Penelopr.—Y. J. de
Wane, and W. Barber, Third Engineers, to William and Mary.
Dec. 18.—A. Len, Filet Engineer, to Caledonia, for service of
Arenger.—W. Richardson, tbrpenter, to Gladiator.—J. Morris,
carpenter, to Cyclops.

DEVONSHIRE,

---....
THE ADJOURNED INQUEST upon the unfortunate woman
who lost her life wt en attempting to ascend the side of
H,M,'s steamer Strotemli, off Devonport, has, after three
.ittings, been concluded. The jury gave the following de-
cision :—" That the death c,f Honors Searroll was the result
of a blow, but how and t:y whom that blow was inflicted
there was no evidence to show."

Ut Ibratna
ST. JAMES'S. Last night, Scribe's comedy,
" Bertrand et Raton, ou, I'Art de Conspirer," was per-
formed for the first time in this country. It is known,
however, to the English public by the version of it which
was produced some years since under the title of " The
Minister and the Mercer." In its original form, it is a very
tedious play, written, certainly, with a great deal of esprit,
but immeasurably spun out, and totally destitute of interest.
It consists of a series of court intrigues, in the course of
which a wily diplomatist succeeds in defeating and over-
throwing a rival party; but from the beginning to the end
of the piece the success or failure of the contending plots
and counterplots is • matter of indifference to the
spectators; and the dramatist has been obliged
to try to excite a little interest by a slight
melodramatic underplot. Perlet's performance of Count
Bertrand was a most elaborate and highly finished piece of
acting. The imperturbable self-possession of the astute
politician, who moved all the people around him like so
many puppets, was admirably repri sented ; and the quiet-
ness with which he uttered his stinging sarcasms freinently
told upon the audience ; but the general effect was cold and
lifeless. Cartigoy was more amusing in the vain silk-
mercer, who becomes a State coaspirator from the wish to
become a popular and important personage. His conse-
quential airs, and domineering treatment of his sen'ible wife,
when she remonstrates, were very ludicrous, and, with Ma-
dame Ciraaeau'a excellent acting, reminded us of Mons. and
Madame Jourelain. The performance altogether went off very
heavily, and Perlet, with all his excellent acting, pr. Aluced less
effect than in any of his previous parts. The coldness of the
representation, moreover, was increased by the preposte-
rous slowness with which things move at this theatre.
There was only this five-act comedy, preceded by a trifle in
one act; and yet the performance, dragged out by intole-
rable intervals between the pieces and acts, lasted from half
past 7to a quarter past 12. This is not the custom in the
Parisian theatres; why, then, is it introduced here ?

MILITARY.
Fo.vcs, arrwass MAJOR-GEN. NAPIER AND MR. WOOLIN.—III refer-
that to this affair, the Guernsey Star save :—" Mr. Woolls states
that he bad been ordered by the booed of Ordnance to proceed from
Alderney to Sark, for the purpose of selling certain Ordnance stored
in the latter Wand; and, accordingly, he executed the order which
bad thus been given to him by selling some old harness belonging to
two RUDA which are considered to be attached to the militia of nark,
that force being under the command of Oen. Napier. tiering finished
his official duty in Sark, Mr. Woolis came to 0 , and then learnt
that the Lieu.-Governor was highly displeased at having sold these
old stoics without his (General Napier's) knowledge or sanc-
tion. Mr. Woolls, in conaequenoe' was desirous of stating
to the Lieutenant-Governor that he had acted in confor-
mity with orders directed to him by the Board of Ordnance,
and accordingly waited on Gen. Napier, at his residence, at Havilland
Hall. Mr. Woolls states that he wad received witu ordinary courtesy
by the Lieut.-Gov., but that, after a short conversation, Gen. Napier
expressed strong displeasure at his (Mr. Woolly') conduct in the
matter, and that, although he gave his Excellency repeated assurances
that nothing was further from has intention than to act towards him
with disrespect or insubordination, the General's wrath rapidly in-
creased, until, uttering a tremendous oath, be rushed to the bell,
and, on two servants entering, he ordered them to ' turn that
fellow out of the house.' On this, Mr. Woolls said he was
no • fellow `—that be had come into the house as a gen-
tleman, and would leave it as a gentleman, but begged that no vio-
lence might be used. Hereupon Gene,al Napier laid bold of Mr.
Woolis by the collar, and the latter did the same to the general ; the
servants then Joined in the fray, and the time, seizing Mr. Woolls,
thrust him out of the house with such violence, that he was thrown
' down the whole of the front steps, and fell prostrate on the ground.
The door of the hull was then closed, and Mr. Woolls was left to get
up arvi find his way out of the prenuees, in the dark, in the heti way
he might. Suck is the sutetance of Mr. Woolls' statement. We give
it as we have received it, without comment. The stores told by Mr.
Woolls in Sark were two sets of aid and worn-out gum-barns=, which
were in the custody of the garrisses at that island, consisting of an
invalided artilleryman."

Illustc.
Music ABROAD.—Berlioz ts new work, which he
calls a legend, " The Damnation of Faust," and which was
performed for the first time on Sunday week, ha produced
an amusing diversity of opinion among the Parisian critics.
B 7 one set it is extolled to the skies, and, by another, treated
with unmeasured contempt ; from which we infer, that, like
the former productions of this composer, it is distinguished
by a daring and acentric genius.—Gardoni, who broke his
engagement with the Academie Royale, and consequently
paid a heavy forfeit, has mule his dibut at the Italian
Opera in the part of Nenterino in the " Elixir d'Amore."
He had a most flattering reception. " Ile sang," says
the Gazette Musicale, " with grace and distinction ;
but, in our opinion, was greatly inferior to Mario
in the part.—Weber's " Oberon " has been revived
at Leizig
but it was badly got up, and the
performanceweton in the midst of bursts of laughter and
noisy conversation. With all our respect for the memory of
the great musician, we do not wonder at this reception; for
the libretto is one of the most childish that ever was brought
upon the stage. The old opera by Dittersdurf, " The Doctor
and Apothecary," has been revived in the same city; and
the piece, notwithstanding its primitive simplicity and
meagre instrumentation, had the greatest success. We wish
our theatres would afford us a few specimens of the simple
melody and accompaniments of the old masters.—Handel's
"Alexander's Feast" has icon performed at Berlin in an
indifferent manner and with an unsatisfactory effect. Han-
del's music is nowhere well performed but in England—
not even in his native country.—lt is said that there will
be no Italian Opera at New York next season, in conse-
quence of want of funds.

taw Enttlitgenct.
EQUITY COURTS.—YESTERDAY.
Before the Lord Chancellor.
TRAIL V. BOLL.-ASSEST TO A SPECIFIC LEGACT.-
INQVIRIES BEFORE THE MASTER.—This was an appeal from
a decision of Vice-Chancellor Knight Bruce, disallowing
exceptions to the Master's report, to whom it was referred,
to inquire whether executors who had possessed themselves
of their testator's effects, had assented to certain specific
legacies given by the will ; and also as to what were the
liabilities to which the property, the subject of the legacies,
became subject, with liberty to make a separate report on
the question of assent. The Master made a separate report
that the executors had assented; and the Vice-Chancellor
confirmed that report, disallowing exceptions taken to it by
the defendant.
Mr. J. Russell and Mr. Boyle were heard in support of
the appeal, and Mr. Cooper and Mr. Tripp in support of the
Vice-Chancellor's judgment.
The Lord Chancellor said that he was struck with this
, objection from the beginning. Two points were referred to
' the Master for inquiry and he reported only on one, whereon
the parties then proceeded by a short cut to obtain a deter-
mination of the whole matter. But justice could not be
done between the parties without the Master's report on the
matter of liabilities of the property. The parties had hoped
by the course they took to save expense, but he wished it to
be impressed on the minds of the suitors that irregularities
of that sort caused an increase of expense. Attempts to
depart from those rules which our ancestors fuund bene-
ficial in the administration of justice, and to arrive at the
end by short cuts, so fur from being useful to the suitors,
were productive of embarrassment, delay, and expense. His
lordhip reveed the Vice-Chanellor's orders, and ordered
' I that the Master might proceed with the second matter of the
inquiry.

CLERICAL.
THE sew Boomenie or MANCHEnTER.—It in stated that early in
the next session the ministers will propose to parliament early
in
;Bute erection of Unica:shire into a separate see, under the title of
"the diocese of :Manchester," to c most of the archileNlaconry of Man.
&ester including the deaneries of Blackburn, Leyland, anehe stat,
and Warrington), and also the independent dram ry of Andrew's, or
Amoundern.ers, comprising on the whole 405 benefices; Is feet, the
whole of Lancashire, except the deanery of Cartrnel and Furness,
which will still appertain to the diocese of Chester. The following
appointments and preferments will be in the gift of the new bishop
The vicarage of lkiltorele-:loots, value 4611.; the vicarage of Bolton-
le-Sands, value 1701.; the vicarage of Childwoll, value 4551.; the
vicarage of Chipping, 220/.; the rectory of Manchester, 1,a710/.; the '
vicarage of Ribehester, value 800/. ; the incumbencies of St. George,
St. Simon'a, St. Jude's, Manchester, Ordenshaw, Ashton-under-
Lyne, Congletan thristeburch, Ashley-bridge, Lever-bridge,
Tongs, Musbury, Itamsbuttorn, Walden Jtochdale), All :ante,
liabergharn, Great Marwlen, St. Janes, Burnley, St. Paul, Lualane-
bridge, Trawden, giving a patronage of the aggregate ann in-
come of about 5,0001. In the event of the appo.ntment of the lion.
Mr. Villiers to the new bishopric, the rectory George's, Blooms-
bury, the appointment to which is vetted in the crown, will become
vacant.
THE New CHURCH or Sr. 'mesas AT WOHDTILLE,ILICC,HOMMTC,
formerly Wootten-box, was consecrated on Tuesday, the sth inst., by
the Lord Bishop of l'eterborough. The collection amounted to
1201. 13s. 9d..; since increased to 1441. After the consecration of the
church-yard, which, with the church itstlf, occupies one acre of land,
the gift of the Marchioness of Hastings, the Whop, and about tiny of
the clergy and laity, lunched together. Ilia lordship Mt Woodville to
become Mr. Vavasour'm guest at the vicarage of .Ishby-de-la-Zouch,
where a number of clergy were invited to meet bhn at dinner, and
which place he lel on the following morning, to consecrate u new
church-yard at shackerstone, and thence to return to Peter-
borough. Tile hamlet and immediate vicinity of Wooden-box, towhich
the more euphonious name of Wieshille was given by the unanimous
desire of the chief residents, on occasion of presenting a silver trowel
to the Earl Howe, when his lordship laid the corner-stone of the new
church on November 7, 1815, contains a population of about 6.54 per-
PODS, chiefly engaged in the manufacture of coarse earthenware, for
which the clay of that district is well known to be eacellenL Thirty
or forty years ago, one solitary wooden toll-house, and a mansion with
a farm-house, were the only buildings on the spot ; but no sooner did
the potteries commence, than a population rapidly accumulated. The
hamlet in about equally divided between the parishes of Hartshorne,
in Derbyshire, and Ashby-de-la-Zouch, in Leicestershire.
The Rev. Dew. Berms, of Falkingham (son of the late Edw.
Brown, Esq., of Stamford;, has given 400/. towards founding a ea-
Banal school at Aslackby.
VAC *MT.— Glenticki It., Lek., dio. Petah.; value MM., with
dent. Patron, Patron, C. Winstnniey, Esq. Vacant by the death of the Rev.
M instaniey.
ERATUM. —Our Cumbridge correipoodent, the list of Vacancies
R
caused by death, published in this paper on Monday last, made an
error in the name of the Rev. Mr. Davis. For John Davis read Dora
Davies, late of Neath. The Rev. John Davis, we are happy to learn,
is in the enjoyment of excellent health.

- -
Before the M,e,ter of the Rolls.
Riven v. WELLS.—MOTION FOR NEW TRIAL REFUSED.
—Mr. Turner, with whom was Mr. Worlledge, moved, on
behalf of the plaintiffs, in this case, for a new trial of certaio
issues directed by the court to ascertain whether Mrs. Sarah
Well., the testerix in the cause, had duly made ter will in
exercise of a power given her by her marriage settlement
over certain freehold and copyhold property. By the settle-
ment there was a limitation in default of appointment
under the above power, to the plaintiff Mary Hitch, who
was the illegitimate child of a daughter of the testatrix. By
the will the testatrix gave a life interest to her husband,
with remainder to the legitimate children of her daughter,
thus excluding the plaintiff. The will was made in April
1825, and the parties claiming under it were admitted to the
copyholds, and were in the enjoyment of all the property up
to the filing of the bill in this suit, which was instituted in
1842, calling the will in question as a due execution of the
te,tatrix's power, and staking to have the plaintiff put
in possession of the property. To determine this the
above issues were directed, and were tried at the
last Cambridge summer assizes, when a verdict was given
fur the defendants, thus establishing the will ; and the judge
at the trial strongly expressed himself in favour of the ver-
! diet. The plaintiff, in support of this motion, relied on the
eircumitances alleged to have attended the execution of the
will. It appeared that the will was prepared, whilst the tes-
tatrix was ill in bed, by one liazlewood, the clerk of the
testatrix's solicitor, and that it was read over to her, and con-
versations were bad with her respecting the disposition of her
property both by Ilazlewood and one Human, who was a
trustee of her marriage settlement, and a person in whom she
placed great reliance, and that she more than once distinctly
declared to them her intention to exclude the plaintiff from
all benefit under her will. She signed the will with her
mark, and the attestation clause, which was in the common
form, and specified the acts as done which were required by
the power was signed by Hazlewood and one Ruth Bartle,
a nurse, and a labourer of the name of Peacock, who signed
with his mark. liazlewood was dead, and Bartle being
examined at the trial, stated that she could not sign her
name, and that she did not sign the attestation clause • and
I witnesses were produced who confirmed the assertion Of her
inability to write. But this evidence was distinctly
contradicted by other testimony, and her evidence was
Ire emd as unworthy of credit by the direction of the judge.
Peacock, the other attesting witness, was an illiteratehe ma
idn,
and unable to write, and he gave evidence that d
not recollect to hisve seen the testatrix sign the will, or
indeed scarcely anything which took place. It appeared that
Hazlewood was acquainted with the settlement and fully
conversant with the necessity of having the requisitions of the
power complied with, and Human's evidence was in favouere
r
of the will. The grounds for the present application w
that the jury thought, when Bartle's evidence was rejected,
that nothing remained for them but to give a verdict in,
favour of the will, and that they did not sufficiently consider
the other circumstances, and that they were too much influ-
enced by the fact of the long possession of the parties claim
ing under the will.
The Master of the Rolls commented on the evidence he
thought Bartle's evidence was rejected on just grounds, and
when that was out of the way, it depended on the testimony
of Peacock, an ignorant and illiterate man, who had never
before been present on such an occasion, and who had no
clear recollection of what took place. In such a state of
things—one witness being dead, another not to begsiev
ed,
ed
and the other an ignorant man, and not recollecting
circumstances, everything wu to be presumed in favour of
the will. As to what amounted to publication of a will, it
t
was difficult to say ; but it was not always necessary that
distinct act of publication should be proved. Presumption
might be resorted to in a case like this, to supply deficiency
of evidence. There was no evidence that the jury were in-
fluenced by the fact of long possession, or by the notion that
when Bartle's evidence was removed, everything was to go
the other way. Looking at the evidence before the jury, he
was of opinion that they came to a right conclusion, and he
must refuse the motion for a new trial with costs.

PREROGATIVE COURT.
IMPORTANT WILL CASE.-WELLES C. WILDRORE AND
Hitt -J u DOMENT.- Sir H. J. Feist stated, at some length, the
material as well as the general facts of this case, and which
involves the validity of the last will and testament of Mr.
Samuel Weller, who died in January, 1844, aged 6.5 years.
and possessing real and personal property, including property
at Croydon and in Newcastle-street. The personalty was
estimated at 13,0001. to 14,0001., including the public-house
called the Grapes, in Old-street, where the testator carried
on business, shares in the London Joint Stock Bank, &c.,
the whole of his property being worth about 20,000/. The
deceased left a widow and two daughters. His will, now
before the court, bears date on the 28th January, 1843, and
in it he leaves the bulk of the property to Mi. Daniel
Peacock Wildbore, the medical attendant of the testator,
and who, with the Rev. L. Hill, were appointed executors.
The widow opposed the will, but the daughters were not
before the court. This was something extraordinary, as
there was a will dated March, 1839, and referred to in argu-
ment, by which one of the latter was bequeathed the great
bulk of the property. The court therefore, under these cir-
cumstances, had to consider the contents of both wills. It
would be necessary to refer in detail to both the papers. It
was argued that undue influence had been exercised over the
testator by the executors of the last will, and by Miss Wa•te
(who has a legacy under it), the decd and being of incapacity
at the time the paper was executed. In this allegation,
offered in opposition to the will, it was pleaded that for
three years befOre his death he drank immoderately and be-
came totally unfit for business, that he became childish and
irrational, that while he kept the Grapes, in Old-street,
where he realised hai property, he was visited by Mr. Wild-
bore, a medical man, at whose instance a separation was
hi...tight about from the wife of the testator, and that Mr.
Wildbore and Mary Waite managed the business, he not
having any control whatever. It was further pleaded, that
fur two years before his death he was so weak of intellect,
bursting outin fits of laughter, and talking nonsense, that on
one occasion he came down into the bar in his shirt,
and would stand behind two of the vats. That in
the year 1842 the testator was so mad, that Mr.
Wildbore was sent for to control him. That about the date
of the will, Mr. Wildbore declared that he could lead the
testator about like a dog, and the plea stated, in conclusion,
that at the time the will was executed the deceased was of
gunsoued mind. These were the ontents of the allegation
given in by the widow. To this acre ponsive plea had been
given in on the part of the exe utors, and which consisted of'
sixteen articles. It pleaded affection and regard for Mary •
Waite, a niece of the wife (and who attended the bar), and
for Mr. Wildhore, his medical attendant, who had visited
him for a painful 'disease, and he often declared he would
leave him the bulk of the property. It pleaded that the
antadmetha,
deceased's affections were weaned from his daughters in
edfoltelow h imthe
consequence of the eldest having eloped a ith his
emeiacocihdintusiitoaniidttetepntedmatr:i that hie
but she was detected. It was denied that he was habitu-
ally drunk and of imbecile mind, being alleged that he was
remarkably acute in his business-that he was not under any
control-that he drove out on business in his carriage tin-
' accompanied by Mary Waite or Mr. Wildbore-that he pur-
-1 chased his own wines and spirits to the last, took care of his
monies, went to Hicks's Hall for the renewal of his license,
and managed all his affairs. That while suffering the tes-
tator was visited by Dr. Bab ngton, who prescribed for him
at the instance of Mr. Wildbore; that he was then rational ;
and further that when at his seat at Croydon, he declared to
his servant, whom he called Charley, that he had made his
will and provided fur Mr. Wildbore, as he was the best
friend lie (the testator) ever had in his life, and for
Mary Waite, and that the rest should get nothing.
The case set up by the wife was one of entire imbecility, and
if the statements set up were supported, such would he the
fact ; but early in the cause the learned counsel for the
widow gave up this point, and called upon the court to de-
cide that the capacity of the testator was not equal to the
act. In this, as in many other similircsses, thetestator's inca-
pacity was overstated ; and witnesses were ready to support
by their evidence the plea given in. The act of the testator
was inefficacious, and the question was as to the capacity of
the deceased. The court had been reminded that this wax
not a favourable case ; that the property was left to stran-
gers in blood, to the total exclusion of the wife and
NAVAL. daughters. The great bulk of the property centres in Mr.
Wildbore under the last will ; 200/. being given to the Rev.
Ptyworrif Dec. 18.---.E•las, 42 ttoreehip, arrived here in the
nigh,' of the 120, on her way to Sc
and is gcting some slight I Mr. Hill to preach a funeral sermon ; and other small legs-
defects made good. Her crew were paid,
advance of wages on the cies to his servants; the wife having 150/. a year ; and to
16th, and she will shortly sail for her destination. Stroud...ill (at.), his two daughters the house in Old-stract, which
nos. T. Fither, tailed on the 15th, for the coast of Scotland. Demi, was sold for 3,200/., as a life interest, and to their
naval lighter, sailed for Falmouth on the 15th, to take up and relay children, failing which it was to fall into the residue. The
the mooring', in that harbour. Grapplcr (st.), Lieut.-Com T. H. Ly- will, therefore, was opposed to natural feelinge, and in favour
taght, sailed on the 15th, for the coast of Africa. Recruit, 10, Coin.
A. Slade, moved from the harbour into Bampool on the 16th. The' is, of a perfect stranger in blood. Still the court must take care
ati, Capt. 11..1. Codrington, went from the harbour into the sounded not to depart from the intentions of a testator, if capable, and
the 17th. Mr. 11. Chatfield, one of her constructors, has obtained who had acted voluntarily. But by the will of 1839 a con-
permission from the Lords of the Admiralty to go to tea in bet fur a siderable benefit was given to the youngest daughter, Ann
short period. Weller, while at the same time Mr. Wildbore was named in
One hundred hired shipwrights have already been entered, out of this paper and appointed executor. In this will the eldest
the one hundred and forty ordered for the repairs of the Brazilian
frigate Cons fru/am. daughter was given 50/. a year, and the widow had 1501. a
POIMOVVi Dre. la.-Cyclops, Capt. Lupidge, yesterday received year, which was confirmed by a deed of separation which
her orders for Lisbon, but on surveying the vettt she is found so took place in 1839. It was clear the deceased had an inten-
defective in her timbers, that orders have been tent down for her to lion to tales away the large benefit given by the paper of
go to Sheerness to be paid off, previous to her being repaired. Her 1839 to his second daughter, and to give a larger benefit to
time of commiesion expired a month since. Polyphemus Com. Mr. Wildbore. This daughter left the
Mattoteator, and he was
SPCleverty, which went yesterday to relieve any ships detained in the
Chops of the i hannel, will, on her return, irocced to Lisbon with left without the company either of ife or his two
despatchet, and to be at the disposal of the Admiral, in place of daughters, the youngest basing gone to live with
Cyclops, as a
ha hour steamer to and from Portugal. Veirtees,ce her mother. It was not improbable that the wife
will ao out of harbour on Monday test, ord-re bring received to WV. should have opposed the paper. The probate of
pareher for the immediate reception of troops ; she cell be mustered the will having born called in, and the executors put upon
about 'Wednesday next by the Commar.der-in-liet Dauntless, et., proof of it in solemn form, the learned judge then pro-
will now be launched on the stb of mat month, about noon, as the
tide will answer well. She Is a great favourite, and, as far as it is ceeded to analyse the evidence in oppoeition to the will. fhe
possible to judge, she will do well. Admiral Sir C. Ogle will go on barber who attended the deceased was of opinion that for the
lease tomsorrow for a few days. last eighteen months of his life he was imbecile, and want-
Smaiasiam Doe. 17.-The following announcement by the Ca pt.. Mg capacity. By other witnesses it was sworn that the tes-
Superintendent of this dockyard will further explain the nature of the tator, long before his death, was an habitual druukard, con-
intended measure for orgamting the workmen of the several dock- stantly taking gin and water. At Croydon, having a party
yards into a volunteer corps for the defence of the ports.-" Mem. :-
My Lords Conunissioners of the Admiralty having Muted a circular to dinner on a Sunday, instead of saying grace, as usual, he
exproming their desire that the artificers and labourers of the dock- uttered the slang expression, " A penny more, and up goes the
Tani should enrol themselves for the exercise of the great guns, and donkey." As another instance it was pleaded that, while i
ids° to acquire a sufficient knowledge of small-arms as would enable in the orchard at Croydon, he slyly picked up rotten apples
them to move M a body for the defence of the works that are in pro- and put c
har o the sideboard in the dining-room. But
mesa, for ensuring the dockyard from • surprise by the enemy, the this the court considered was not sufficient to confirm an
officers arepmested to make dm' known to the men in their re-
spective de ents, that an enrolmeat may be commenced ;aye the opinion of incompetency of the testator, who, it ap-
Capt-Suomintendent has such court& nce in the zeal, loyalty, atd Before the nee-Chancellor of England. peered on all hands, was a low-bred and ignorant
spirit of the men of this dockyard, tbat they will not be behind any LAWRENCE V. VAI:OIIAN.-PROOF OF • WILL,-A qua- man, though extremely shrewd in his business. A
other yards in manifesting such proper feeling for the defence of their don was raised ia this case whether the will of a /dr. John point raised in argument could not be passed over t-the
country if necessary. Their lordships propose that the enrolment Fry, who died in Jamaica, was well proved. By the law of statement of Yr. Wildbore to a witness who was examined
shalt take place under the following regulations, viz., none are ex- that island, the will itself is not permitted to be taken out of in the muse, that he could make the testator leave his pro.
peered to enrol themselves above the age. of 45 years, or under 18; an the but an examined copy is furnished. One of the party how he liked ; that he had made the deceased leave his
allowance will be made fur the extra time employed in such drill as three witnesses country,
who . e .
the
may be thought neceswary ; clothing will be provided when forming .witnesses sifFn d well could not now be found, premises in Old-street to the daughters, and that all he
in line for the infantry exercise, with arms and accoutrements; the and a question was raise w c
d h ther the affidavit of a person -wanted was the estate at Croydon, &e. It was most impro-
inspectors and leading men will be non-commissioned officers, and named Grant, who had seen the testator sign the will, could balls that this gentleman would km* made such declaration
the Cam.-Superintendent relies on their zeal not only in seconding Ibe received for the purpose of satisfying the court.-Mr. before, at least, the death of the testator. The court could
the enrolment, but also in getting the men efficient when formed into I Lewin appeared for the plaintiff', and Mr. Lewis for the de- not but look at the station of the deceased. He was what
companies The Principe' Palms of TX"' being then field aim" ' fendant-The 'Vice-Chancellor said be thought the will had was called the owner of a " gin palace," and the company
and captains of companies, the clerks foremen will be subalterns. , _. _
The instructions to be given the officers and men will be mainly the been sufficiently proved. he kept was about of the same character with haelf. Sir
exercise of the great guns, though some training in the use of the Fells Booth, with whom the deceased dealt, whims opinion
Before Vice-Chancellorlthigbt Bram.
musket and platoon exercise may follow, together with a company or ~,, ag.. that he was competent to acts of business. On Sir F. Booth
two for light infantry movements. Further instructions will be given 1 AVLOR V. FAILIIES.--INJUNCTION.-
• in this use
-- calling at Old-street, the testator said, " I know what you
out from time to new, as they may emanate from the Admiralty, and 1 W. M. James enna order until to-day
had obtained an int . ' have come about. You want money." The deceased
no active measures will be Immediately resolved on, further than to I to restrain the defendant from selling or exposing to sale a
was advised to sell some of his shares, which he
manifest the zeal and good feeling of the men in this yard in giving in I spurious composition resembling the plaintiff's prepared .
con- ultimately did to the amount of 7001. or thereabouts.
their names on an early day; md in the list of names ma given m,, to
...,,,,a I soluble cocoa. ne pkintiffs' label en their pot
- lets Sr to the date of the will Sir Felix Booth again
be expressed against each man his trade, age, and stature."-
Sie ---' I tamed the worsts, .• manufestured solely by Taylor and übsequent y
th . .
O. Pruct, Capt.-Superintendent.ll h d n matters
. called, and, though lc &ripe. still e converse upo
The Hares, 3, recently paid off here by Commander Stephen, it not I Co." In the defendant's label the words, " aolety v
b- '
of bu • vs It was proved by the evidence of Sir Felix
au sine .
to be re-commissioned at present, but will dismantle and be placed in were omitted,. and the weeds " late with," in very sutra
Booth that hereLlecti of the deceased was good after the
°Milian% The 7._..errihfc. steam-frigate, Cant- Hammy, it (+
dl
to letters, were substituted. In other respects, the gene will was mad. There were other witnesses who spoke to
proceed w viecamcii, io inetird her defects. The Ag°ll°, tr°° appearance and printing of the defendant's packets and
the same effect. True it was occasionally the case that he
ship, Commander Radcliffe, on her arrival from Portsmouth, labels were similar to those of the plaintiffs'. On this day,
was the worse for liquor ; but be wes enfeebled in body.
taken into dock to be overhauled and refitted. the defeadant having been served with notice of the the deceased did. His having
relay :dos sv.-The Gazette of last night contains the following • d flat a •order made for many extravagant . things
notices of prize money payable : -ILI& sloop Albatross, 11.Yorke,then. uiterirri order, an ppearing, an was ordered a splendid equipage, to equal the coach and horses ASSIZE INTELLIGENCE.
Slave and tonnage bounties for the Albasea, seised lst March, 1645. an itepuietien. of George the Fourth, was an act of eccentricity. What did YORK.-Tiaturanar.
---
Commander, 329/. 19s. 9d.; First class, 941, 12s. 90. ; Second dara, all the evidence against. the will amount to ? Certainly Before Br. Justice Williams.
561. 15s. M. ; Third class, 281. 7s. 10d. ; Fourth alas, 181. Wm fitd. ; Before Tice-Chancellor Wigram. something only approaching to doubtful capacity. The wit- MICCRLLUGHTER NEAR HULL.-John Calton was charged
Fifth class, 91. 9s. 31d. ; Sixth class, el. es. lad.: Seventh ChM, B. W. 'SOBLET 9. FRAMPTON.-TRVBTEE'a COVINA • NTS -In Sord
to inespacit ought not to be credited more than with the manslaughter of Frances Riplinghain Cox, the wife
ld.-Tonnage bounties for, and proceeds of hull and stores of, • brig, 'atovember, 1832, the late Mr. Frampton, the tea- nears
other aide. Uto the last the testator of Ashton Cox, of Heyde, near Hull.-The prisoner
innne
unien°"
wiled
1 lin
July. Ing" tC°angangeeu Old.; "gLwstsagg. susagg" 'tater of the defendant, agreed to grant to the those produced on the
First class, 391. 13a. Std. • Snood elms. --. lse. -td.; .--- ----. eels of the lands in question, gavehis own orders to hisdistillen an otheri. n) a rest tug a U n ranswic ,
d 01• f da • farmer .d. t H tto C • k and it
ew ys is •
111. 18s. Old. ; Fourth eilts, 71.19 a. 81d. • Fifth clue, Si. Inn 4d. ; plaintiff a lease for 63 yeah beforeof 1:1 B hisdeatb the colleetor °fair F. Booth settled anaccount was alleged against him that Mn. Cox's death was awed
Si:thaws., 21. 12a.100. ; seventh clus; LI. Os. 50. John G. air 1 which were coybold of the Manor ornsey. y
lease could be granted for • he had with the firm. The deceased, up to a Ts+ ye short tune by something deleterious which he applied to a tumour
Tholnas Stilwell, agenta-H. U. Sloop Pamtakos, k.,. Wilson, cOM. ; the custom of the manor, no .
bull and etores of, and tonnage bounties for, the brig Horboleta, lei; ad longer term than 21 years; and it was therefore arranged before his decease, settled tbebrewer'spass-book. hisshowed upon her hand, and which was stated to be a preparation
26th May, 1845, on Tuesday the sth day of January, 1841, at No. 22, between the parties that the mode of fulfilling their erne- that he wan not in that state of incapacity as alleged on the either of arsenic or white hellebore. About three years age.,
anindel-strecterand , 'Moe recalls will be made, on Tuesdays
10r and; ment should be by granting a lease for 21 years, with a other The court looked in vain for any evidence of an Mn. Cox felt a severe
aide. pain in her thumb,but she did
Fride”
ealY* the
three
Slowing Meslll6- alaMlindel'el'Aie,A. 51.- covenant for renewal for two farther terms of 21 years in attempt on the part of .- .mr Wildbore, to get a will in his not think much of it at first. The howe:
First clime al. es. 41d. Second claim 251. 1a2141.;
Se • 81121. •the license to renew to F favour. The testator was proved to have intended to ever, became worse, and she applied to two .
be procured by ramp- for it. In
19s. 3iti. i Fourth Me m, Si. l2s. 100. ; Filth doe% 41. gli• -a. , the succession ; wed Ito be made at the benefit Mr. Wildbore, and as he was of sound miud, the setters in Hull, but waa told there was no cure
elms, V. vs. 7 Id- ; Seventh elan. 11. 96.90. John G. an d Thanes ton at his expense, and ten renew . Messrs Wilmer
ff Frampton court must pronounce for the validity of the will.-l.ipon June this year she was advised to apply to .
to
F.tilw agent....-11..M. Sloop Grecian, W. Smyth, Como
f. Reirt.ti" joint expense of Frampton and the plaint .
..
ne of refunded ex
in the case of the Lords'''. died, having devised the reversion in the lands in question this
application was made by the Queen's Advo- and Hall, of Sheffield, Mr. Wilmer being a regular rurg n,
'Mg, 151. lfst, ltd. ••Commander, 29/. 14.5. M. ; Firs', class, 10/. ,
;to the 0 efendant upon certain trusts mentioned in the will ; ate for allowance o cos o p
decision,--f ts t the arties opposing the will, and Hall not being so. Wilmer take went there. and
Second
diaM.Si.;. . a eh"'
34'
; Feet*
atm'
21'
; Fifth
ewe'
IL.
. 't
afterwarda admitted aa tenant of the nearly the whole of the property going to an alien in blood ; submitted the thumb to their inspection. They at fins and
• - -.14:40 - -- -•-• -, bas JOhri O. and Thomas *VA the

COI'RT OF BANKRUPTCY.
Before:Mr. Conumssioner Few.
RAILWAY SPECULATION/I.—George Wetenhall, who iv
described as of Bank-chambers, City, stock and share agent,
but who has been engaged in railway speculathms, came up
to pass his last examination. The lialanct -sheet runs over a
period of about 12 months, and shows that he owes to cre-
ditors 1,4661. be
lls. ld.—Mr. Lawrence applied to the court
for an adjournment at the expense of the estate —Mr. Stur-
geon, for the creditors, protested against an adjournment.
A cash account was ordered to have been tiled aboat 3 months
ago, which had not been done.—Mr. Commissioner Fane
' asked why this account had not bees liled?—The bankrupt re-
plied that it was in consequence of the absence of his account-
ant.—The bankrupt was then examined as
in a booto certain
which
trans-
actions respecting Mr. Gomperta,appt ming k,
he said was incorrect, having been made since the bank-
ruptcy.—The solicitor opposed said that there was no doubt
that Gompertz was a partner.—The bankrupt said, that it
was no such thing. 'The balance-sheet was incorrect and
if the case were adjourned, he would make out such ac-
counts as might be arquired.
His Honour here said, the bankrupt anawess in an idle
way, and I must head him over to his creditors by adjourn-
ing the case sine die. I cannot sit here to superintend the
examination of a bankrupt who answers in the way he does.
I shall adjourn him sine die, and give him no protection, to
bring him to his senaes.—Mr. LaWlll3lOB observed, that the
1 bankrupt had complied with tke rules of the court as. far as
he was able, and proposed to pay the e: ass of an ad-
he
journment.
Mr. COIIIIIIiISIOIIIW Fane.—But just hear his-tone of voice.
—Mr. Lawrence thought that would be found to he consti-
tution al. Ile hoped the court would grant protection,
the
1 The Court then adjourned the ease sine die, granting
i bankrupt protection for a fortnight, in order to see if he
used due diligence in the case.
----- _____

INSOLVENT ORS'DEBT COURT_
Before the Chief Conintisioner sad C Phillips.
THE ALLEGED Pottc.eutr.—The case of Jamea Blaney.
was resumed to day. The adjournment took place fur the
purpose of giving the iasolvent an opportunity- of bringing
up three witsessee—one of whom the insolvent, on h
ill
former hearing, accused of forging his acceptance to a. bill
of exchange. These witnesses, who were, however, pro-
duced by the opposition, were examined today ; and from
their evidence it appeared that the insolvent had accepted
the bill in payment of a debt owing by him to a Mr. Tinslay
—formerly an attorney of this court—whose name was also
attached to the acceptance, and who was accused of the
forgery.—The Chief Commissioner, in giving judgment,
said, without going through all the circunastancer of this
prolonkted case, he would ob erre, that h id➢he (the l
soearned
Commissioner), formed one of the jury on the inlvent's
trial, he should certainly have declared the man "Not
Guilty." The insolvent would therefore be discharged.—
Discharged accordingly.

somelfind of plaster upon it, to soften the part iu order to
—prepare is fee another- Arming:- --About—r-week - after=
wards they dressed it with a particular ointment. A
plaster was also applied to the tumour, and that had the
effect of making her ill. She recovered in two days, but she
was ultimately told that she had upon her hand a fungus
tumour which could not be removed except by amputa-
tion. Mrs Cox was at Sheffield once or twice after this,
and on the 19th of November last, she returaed home with
the intention of having her arm amputated. When she ar-
rived at hums, she sent for Mr. Anderson, surgeon, of Heade,
who also told her that amputation was necessary, and he ac-
cordingly took measures to allay irritation, and to prepare
her for the operation. She had been a delicate woman, and
after h r return home she was informed by the prisoner
that he could cure her without giving any pain and without
sacrificing the limb. She consequently allowed him
to apply a red powder to her thumb and wrist,
which he tied up. Mr. Anderson vow her alter this, and he
wanted to have the powder washed off, but Mrs. Cox desired
to try the experiment, and the powder was therefore allowed
to remaic.—Mr. Archbold explained that under the skin, all
over the surfer° of the body, were a number of minute ves-
sels called absorbents, which communicate with certain
Island*, and deposit in them what they absorb. Therefore,
sf any irritating matter be taken up by the absorbents, they
are generally swollen to a very considerable degree. It was
suggested that in this case some deleterious ingredient, such
as arsenic or white hellebore, contained in the powder, had
been taken up by the absorbents and communicated to the
system, and caused death.—The Judge, however, thought
Uwe was no case to go to the jury, for, although death
might have been caused by the application of some deleteri-
ous powder, it was possible that it might have been occa-
sioned by erysipelas, produced in some other means.—The
jury acquitted the prisoner.
This concluded the business of the wires.

CENTRAL CRIMINAL COURT.-YESTERDAY.

OLD COURT.
A Co:gem:mom ov Pasea.—J. Childs, C. Piper, E.
Parker, T. Oliver, J. .Pratten, and E. Childs, were in-
dicted for unlawfully entering upon, and taking possession of
a piece of ground at Woodford Wells, in the parish of Wood-
ford, in Essex, the property of Mr. W. Wiggins.—The
point in dispute was, whether this land was the property of
)&r. Wiggins, or waste land,—After the proceedings had
continued some time, his Lordship expressed his opinion
that a dear legal right to exclusive possession in the prose-
cutor had :wen established; and he had is grFat objection to
proceeding criminally where the civil process was sufficient.
The right, be which way it might, wss not worth contendio.g
for, and it seemed unwise to persevere in the case.—Mr. Bal-
lantine, under that advice, would withdraw the defence,
and his lordship, then, admonishing the prisoners on the
illegality of their violence, directed th.sn to enter into their
own recognizances of 101. earls to appear for judgment when
called upon.—On the counsel's advice Mr. Childs and the
prosecutor shook hands in court, end thus gave a termination
to a trial not often seen in a criminal court.
ROBBERY.—F. Webb, a waiter at Webb's Ilotel, in Picca-
dilly, and his wife, were indicted for stewing three 5/. notes
from the bag of •lady, named Andrews, who was stopping at
the hotel on the 3rd of Nov.—Mrs. Andrews deposed, that on
Tuesday the 2nd of November she received one 5/. note from
her son, and, on the fallowing morning, three more. The
last she put intoher bag, and put the bag under a great-coat
in her sitting-room at Webb's Hotel. On her return in the
evening, she saw the bag lying on, instead of under, the great
coat, and the money gone.—Mr. 'f. J. Andrews, the lady's
ion, corroborated her evidence.-0. Bentley, a milkman,
deposed that he received a 51. note from the wife of the pri-
soner for change. This note was shown to be one of the
notes taken from Mrs. Andrews batt.--Yoliceman 119 F,
who apprehended the prisoner on the '27th November, stated
that on telling Mrs. Webb that he had none to take her into
custody, she said that she had received from her husband a
61. note in a letter, which she got Mr. Bentley to change.—
Mr. Ballantine allowed that there was no evidence against
the woman.—Mr. Doane addressed the jury on behalf of the
prisoners.—Mr. Corn. Bullock summed up, and the jury re •
turned a verdict of gaily against the male prisoner, but
acquitted his wife.—lie was sentenced to twelve months' im-
prisonment, with hard labour.