The Express.
London, England, 1867-12-23 00:00:00

LAW INTELLIGENCE.

(THIS DAL)

)CRT OF PROBATE AND DIVORCE.

(Before the Judge Ordinary.)

YoUNG r.
I suit. which has occupied the attention of the court
Arlo three weeks, reached its last stage this morn-
heit James Wilde summed up the case, after
; the lew on the subject of insanity as laid down by
ivy Council in Waring r. Waring. There was really
di thing as partial insanity, though there might be
in which the mind manifested its unsoundness
on one or more topics, and the test of its
,10) was whether the sufferer could bear those
to be touched without betraying his hallu-
.• If the theory of insanity were carried any
r than that it would be impossible to know whether
Ai was sane or not. He might marry, or enter into
~t,, or, in fact, he might do all the acts that a sane
might do. and all might turn out to be null. It
...store of the greatest importance to the interests
ety that they should not lightly pronounce a man
mad whom everybody believed to be in
,rtect possession of his faculties. In this case
contended on the one side that the
is. Miss Deady, both while living with her mother
ahead, and by herself at Feltbam had paid and
• visits, had managed her house and kept her
es like sane person. Not only so, but there had
great deal of business to transact in connection
rr property, and she appeared to have done it in •
✓ that was rather accurate for • woman. In 181 U,
tin in ISSB, her mother, who must have known
a she was mad or not, made her will and
ted the testatrix her executrix. In October
rut before the making of her will, a blend of hers,
tubhs, pod her a visit, and recommended her to
ler &Nair'. That looked as if Miss Stubbs supposed
be sane. But that was not all. Miss Stubbs stated
.e testatrix told her what she intended to do with her
ty. and the account she gave seemed to be seen-
on the whole, if the case of the plaintiff
toed alone, the jury would have had no
in deciding for the will. But then came
deuce on the other aide. It was stated that before
lit to Feltham the testatrix had an affection of the
, which she attributed to a snake or to • tree grow.
ere. There was also evidence that she wrote papers
it was suggested were certain nonsensical dean-
which had been produced, and which were without
But it was right to say that one of the witnesses had
to having seen the testatrix's mother take up
them and make some remark upon it ; so
er mother could not have been ignorant of their
Then it was said that the boys used to hoot her
village; but on that point it might besaid that there
iierennial warfare going on between old maids and
boys. On the whole, however, the learned judge
that if the jury believed the whole of the evidence
had been given of the testatrix's eccentricities they
Dueled* that she was in such • state as to require
egret) of restraint. But then it must be recollected
is was a second trial, and second trials were always
o one objection. When a cause was first heard only
ridence which might be called the natural evidence
case was presented to the court ; but at • subsequent
le whole ground was swept over again ; and besides
.twortby testimony a good deal of dirt was often
1p with it. The common ground on which both sides
was not much, but it was not without its value. It
reed that it, 1861 the testatrix was undoubtedly
ad that she bad written some of the papers which
m so much referred to, and which could only have
ritten by a mad person. It was quite possible that
Lag up the evidence for the new trial persons might
!en asked to tax their recollection, and might quite
itionally have ante-dated the circumstances to
they deposed. The learned judge then proceeded to
at on the details of the evid.ence.
jury, after a brief deliberation, found for the
f, thus a second time establishing the validity of
I.
mut reserved the question of costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE ALEXANDER WATT.
bankrupt was • general merchant of Great St.
and carried on the business of • spelter ruanufac-
at Norway-street, Greenwich. The debts are
assets and property held as security, 3,8001.
was an adjourned sitting for examination and dia.
but the case not yet being ripe for inquiry a
adjournment was ordered.
LiAley and Mr. Sargood appeared in the case.

THE POLICE COURTS.
(THIS DAY.)

MARLBOROUGH-STREIT.
AN INNI'MAN KON•IN-LAW.
re Edward Smith, a young man, described as a
aM charged before Mr. Tyrwhitt with violently
ng Emma Spencer, bis mother-in-law, residing ut
Whitfield-street, Tottenham-court-road.

complainant, whose head was bandaged, and
c.ive her evidence seated, said—The pH-
is my son-in-law, and he is a very bad
1 to my daughter. On Saturday, in coo-
l. of his having left his wife and child with
,lice of bread his wife brought his baby to me to
Yesterday afternoon his wife went to look for him,
rterwards went, taking the baby with me, to see if
meet her. I did so, and also the prisoner, and
risking him if he was not ashamed to see the baby
a state on • Sunday be knocked me down and
I was on the ground he kicked me in
omach several times and _ also on the head
.

i the mouth, the effect of his ill-usage beiTig.
y head is cut, some of my teeth are loosened, and I
e all over. I was rendered insensible, and after
ing a little I went to the hospital. My daughter
ith me to the station when the prisoner was taken.
ent Franklin, 20 E—Hearing the cry of " Stop
and seeing the prisoner running, I stopped him,
complainant charged him with assaulting her, and,
narks of ill-usage on her, I took him the station.

prisoner—Mymother-inTlaw abused me and
lied me. I gave my wife money on Saturday, and
e it back to me. _ _

Cyrwhitt—l dare say your mother-in-law upbraided
deserting your wife and child, but I do not believe
you bad offered your wife money she would have
it. You will go for two months' hard labour.

'DE RAILWAY COMPANY.-(THIS DAY.)

i day the twenty-third half-yearly general'
g of the shareholders was held at the Londoa
. Mr. Asnnew in the chair.
.peared from the report that the traffic on the
Railway, during the half-year ending the 30th
st, abowed a considerable increase over that of any
la halfear since the opening of the line. In the
ar ending June 30, 1866, the grome receipts
kd to 53,817/. its, 11d. In the correspond.
alt of the present year they rose to
14a. 2d. The increase took place both in
'eager and the goods traffic. The receipts from I
fen, which in the first six months of 1866 amounted
Ihf. Is. 44., increased in the past half-year to
; and the receipts from goods during the
erMd rose from 47,062 J. 14a. 7d. to :16,26/. lea 10d.
...HAIR/lAN, in moving the adoption of the report,
afforded him satisfaction to be able to confirm, by
just received, the favourable accounts contained in
ort. The working charges were lees than in any other
•in India. The trade to Kurrachee had increased,
regretted that the improvements of the port were
red forward with as much vigour as be could have
• He did not know who was responsible for the
but the port was capable of being made
a one as any in India. It was a matter of vital
ante to their interests that the harbour should be
san-ihle of accommodating vessels of the largest
The Indus Flotilla bad not been as
lie as usual, owing partly to the compe-
of the Oriental Inland Steam Navigation Company.
ad no further to fear from that company now. A
onal agreement had been made to purchase the pro-
of that company by giving them stock in this
Rut the government did not sanction the
eat. In a year or so he hoped that some sections
he opened, which would inc.-caw the traffic and the
of the line. It would be satisfactory to the share-
' to know that the policy which had been sanctioned
in had met with the approval of the Governor-
d, and several members of the ootinciL
report having been seconded was adopted.

NORMAN MACLEOD IN INDIA.—Among the
:jell by the Rangoon, whose arrival at Bombay it
circa in the jounuas of that city, of the 2fith ult.,
e her. Dr. Norman Macleod, who visits India by
!mated wi.h of the general assembly of the church
',boat, to report upon the state and prospects not only
taksiouary work of that church, but of the other
way leg. ocies in that country. The following
4, signed unanimously by the passengers on board
inp,on, was presented to Dr. Macleod on Nov. 25:
;he ker. Norman Macleod, D.D.,—Rev. and dear
re, the captain, officers, and passengers, on board
:ainship Rangoon, cannot bid you adieu without ex-
'g our I,7ateful sense of the peculiar privilege we
moye.l in your satiety and your ministrations. As
sll of us connected with India we cannot but feel
have that the visit to that country of one who exer-
-0 great and beneficial an influence on public opinion
le must he productive of the greatest benefit. We
at sincerely unite in wishing you and your colleague
atsua a prosperous journey and a safe and happy
to your country and fisinilies.—We beg to remain,
id ilea, sir, yours gratefully and affectionately."
E Itoyat. tioarrria. roe DISEASES or THE
ermanan.—The number of patients under treat-
It this hospital during the peat week amounted to
r which 41 were new ewes.