The Express.
London, England, 1860-07-25 00:00:00

LAW INTELLIGENCE.
(THIS DAL)

EQUITY COURT.
(6rf.r+ Vkv-CUa.agar Stuart.)

IoTTTDOZ ACIAMIoNt —JUDG

b.....Chaeota4 Stuart thiv own* delivered jndsreut
is t►r err, w►wh teas argued w Na 4th, nib, 6th, 7th,
ctrl rtt► .4 Jur, Irt.

our minim will remember that the snit of '• Nottidge
v. Priem" was instituted by the plaintiff as the adminie.
Oat., of lM elide of hie deceased sister, Louisa
eras Nottidge, whim • declaration by the court
that the defendant Henry Jamey Prince held a
PAM at 5,724/. 7s. 7.1. New Three per Cent. Bank
aumnitiee, which was truneferred to him by Louisa Jane
Nottalge. it 1448. apes Most for the bonsai of the persona
entitled under the intesteny of that lady, and that it might
l.• declared that web buster into the same of the
81,6u1sat Henry Janes Priam was wholly ineffectual es
haring blew ebb/bed by the fraudulent miereprreentateus
ssi sada* ialleseee of the defendant Henry Janie@
Priom over Wes Leaks Jane Solidi., while she was in.
rapshle of in der.t.umliag appreciatieg the effecta at such a
tramsetion. The defendant Henry James Priam sins eilu-
tab.' at laumpeter College, in Wales, with the view of be-
e••n.in; • minister of the church of England, and he hail been
a- .nliugly onlaised deacon and print. In the year 1/40 he
Marne the curate of Mr. Starke•, then the rector of Char,-
wieh, in .toiriersetshire, and continued such for about two
sear., when, in consequence of his interference with neigh-
ring pandit, he was deprived by lb. bishop of the
• • ••es of his licesee. He then obtained • money at Steles.
',• err t lare, in Suffolk, In the neighbourhood of which piece
the late Mr. Jowias Nottidge lived. Mr. Priam there be-
came acquainted with that gentleman and his family,
whir h coesisted of hie wile and four daughters, and sue
meted in acquiring great influence over the daughters.
tuf that curacy likewise Mr. Prince was deprived by the
Iti.hop of IJv, at the end of 1842, or early in 1843.
Feat Stoke Mr. Pnnce went to Brighton, where be took a
chapel which he calle.l .tilullani. Thither he we. followed
by the four Mimes Nottidge, Louisa Jane, Harriet, Clara,
awl Agnes, with whom he had in the meantime kept up hi
influence by means of letters written as well to them as to
memento of his own whom he had left at Stoke, the letters
t,• hit sensate having been written by him with the express
view of their being read to the Mines Nottidge. He re-
niained at Brighton until M.y, 1+43. In Deoember, 1843,
Mi.. Lenin Jane Nottidge, who was then about 41 yenrs
of age, west to reside in the neightonrhood of Wet.
mouth, where Mr. Prince then lived, in order to be
WS?. Ws, awl under his influence she then placed her-
self. After some difficulty her brother and brotherdn-
law succeeded in inking her to her mother's, and, OA she ap-
peared to her friend. to betray symptoms of inanity, they
v.:Bel in mediml aid, and the result was, that in No-
veitilier, 1116, she we., upon the usual medical certifi-
cates, placed is confinement. She remised in confinement
until the Lith of May, 1rt1.•8, when she was released by
order of the Lorry Conamissionen, those gentlemen being
of °Maims that, although she laboured tinder eztreocdinary
and irrational notions on the subject of religion, she had
tableland no other indications of insanity, and that her
bodily health would suffer by her confinement being pro.
longed. In the meantime—viz., in 1847, Prince and his
fllower. had taken up their abode at the Agapemone, at
Nuxton, near Bridgewater. Oa the day of Mime L J.
Nottoli,v's Meuse she was met byname's, a member of the
Agapenoue, who took her on the same or the following
slay to Prinee's broker, with a view of making a transfer to
Prince of the stock then standing in her name, about 5,7441.
Three per Cent. Anuuities. Not knowing the amount of
stock standing in her same she was then unable to make
the profaned transfer, and went with Thomas to the Agape-
moue on the 16th or 17th of May, 1848. About • fortnight
after she made the transfer of the above amount to Prince,
having in the meantime ascertained the amount of stock to
which she was entitled. In July, 183 d, she died intestate
at the .tgapereone, when she had continued to reside since
her release from the lunatic asylum.

Mr. Yaliw, Q C., and Mr. W-nran were for the plaintiff,
and Yr. Bacon, Q.C., and Mr. Swale fur the defendant.

The Vice-t:him;ell.; falter stating the facts of the Case)
said that the plaintiff alleged Ly his hill that the gift war
obtained by Mr. Prince by misreprementatiot and deception,
and was made under the influence of a grin Ilehpion incul-
cated by himseJ for his own purposes, when Miss Nottiage
iocapftidu of applying her mind to business. If this
era-1.41M0 • ..ul.l ho surliciently proves!, the .lefendant
not be allowed to retain the property. When a zift was
tua.le huh r the ilatitictr'e of a ikiu•int or deception, it
coul.l ta.4 Le valal :1101 at, thee that delusion relates'
to matter. spiritual or temporal made no diryer,,,,.e.
There was ample 1,1.1,110 e that the defendant exercised en
undue dmilinien over the nine' .4 Miss Nottidge and hM
slier folhavo.ra Ly ass ttttt ing a false character. The charac-
ter which Le &mum,' lie hail ale scribed in his en...exami-
nation, whore he mid that "lion' has developed through me
Ha comael and purtsose, which I have made knows soothers."
.all reasonable people must he surprised that stay pe'''n
stecal.l be fatal of o. weak • mind as to Ise Mavis ail by
• all mean% but it appestat( that the four Miss Not.
tagas, the daogitters of a roipeetable getalsruan, sehruittod
t or/melees to his ulueo.e. Tome of the Miss Nottidges
taker they tweeters couneetnl with him flurried somas
• oposious were the maw as his, and they so married,
be.og toll by Prim.. that it was the wa of Gad that they
sLoald so marry, awl they pre him, through their Lss.
IssnJus trreu 7401,U1. awl OW. each. The ITIO le ahowed
that by falsely pretending teat lie had • diruct divine mission
Mr. Prince impulsed ou these hollea and ohtaincd the whole
oldster propetty. That has with regard to the gift 4
M.s Lwus Jane Nettidge were very clear.
This lady, it was tree, es, aped the degrade.
Vosi of such • starrin:e as hca luster", hut Mr.
Pawn obta:ool her property by other useuus than roarnage.
The mode in which this was a one was shown hr the fact
that Prince on.e obtained 'by. from her by writang her to
the effect that " the Lord halt noel of •?Av. to be used
I ••• His iineei.d p.ispows awl for His glory." Vriece assert..!
tint Mi. Nonage no.te tare mice re piestol him to accept
he, navvy, believing that he pow med sepernaturel nortra
That • hi lief 4 the taunt 4 MIS. Nott.dge that he
sustained s divine character, sod that was sufficient to vis
t.ate the gift. It was not seeessan. to speculate whether
Mr. Primo hanorif was ceder this delusion. It
wo 14 4 tie moat eliariMlsh• tin suppose that he was.
Five If that were so, it would only I. neoemary
to show that the gift was nab minter suds a
rfelmam. The main part of the encloses.. went
st•es the ,phsati4 se to the duties., .4 the most
Is rases .1 spiratual indorses, bet the ',resent ease went
r harsoml llsose cater.. Ne puce who 4..1 as • relation
*4 .1•4101 c.rolakwe In snorter. On as U. enema 11111M100 is.
0A a r over maul, could serer" any gift (mu him, or if
I IcL ha stud in dang. rof hiving the gift set
wok. Rat if it could he shown that a start'st prntectioa
hal Lyre, loterpmed in favour 4 that person the gift might
L. vi•tooest If the relali.o of athwart, ad duct,
molests aal ward, or at sad elsill, elistoiL
• could not he asrlsimsd, but sews of those
ea... wit, :is•trorut WI slow in which spiritual influence
%lard. Fortunately the character of mutinies" of this
Papal stood so high in this country that few cues like the
I•.
haul sir.-cavil, and this 141 been alluded to
Lord Northiutou au " Norton v. Italy" (2 E.lse.
!n Iheimea nalsolic cosintries the law had imposed an ini-
t. Thtl•• cheek on such gifts. The law al Prams aloolutely
~lubited cot .wry all gifts be a panne to his confessor,
• abo all gift. to the en amenity of which the nufesem•
• a wiesinler. It was imisosahle to overlook one
r•-malt which would follow (men the .lecree which would be
"A le for the plaintiff. The plaintiff sum' as the &deaths.
hator of Masa Nottiolge, and the fend wudld be dish :kited
the next of his. Two of the next .4 kin were turn..

4 it, Appenmete ; another was 31m. Thomas. the wife
• t another inember of that place. whom marriage was
about by lb. dsleudant. When the money mune to
1. .betnbutial there would be ample means to assert
I n4lits of all parties. The era:titer of the stork Inuit
I ..slated void, aid the defendant must be ordered to
I, enter the stock, with the dividend' sing', the
ith of hies Xdt the ;Unita. The defendant
L of aide pay tie meta of the amt.

COURT OF ARCHER.
Mann Dr. bushiligtoo. Diu of Arches.)

Tyr C.%•11 TUC lirv. ma. O.NWILL.—TIN orrice or
Moir ,itn in TUC Lasnor Or LOSDOIII AOAINIiT TI!
JAMIN I/MX WILLI.

Tai• extraordinary ease, whkh ham repeatedly bees
the public, th., pr *tut inquiry "miring eolinieneed
•• Friday lad, awl report' in our ealiunas of that day.
w.• re•ebed this niorsing.
'.r flanlia;„ th.• Queen's advocate, and Dr. Tristram
• ' • vl for the Bishop of London ; Mr. Best, of the
ford eireait, Instrocted by Mr. Sorra, d Yark•Loe, ap-
-1..,re.: for Mr. BenwelL

'Tr nest x6l I,f• re the case was proceeded with he had
r • perrniwion of the court to appear as r..nosel for Yr.
P.-••••••••!I. He was wily a barristereit•law, as..l nut a doctor
r • •hut unil,r the act of pH...intent under which the
t' po.coedings were ioatituted, the judge had the
I to alter the practice eif the mart.
rJ. Herding sand he had received DO notice of fhis
.• • and he floret oujeet. 'There was no precedent
• r • &ITU, tti,.o.
. . . . . .

I.uehogtou sai.l he thought he ha..l power, awl riled