The Express.
London, England, 1859-04-06 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIROUIT.-oLouczam, Amu. 6.
(Behr* Mr. Justice Cromptos.)
xviors ir. ATTROOD ♦rD AMOTIMR.-WILL CAS&

This me has ocitipled two dpi., sad is ihs lea own a
tlis N.t._ _

Mr, &Vast Pigott sod Mr. Gray were for the plaintiff;
sad Mr. addleatos, Q C., and 3IU. Matthews, for the de-
(=dada.

It was an isms sett down by the Court of Probate to try
the validity of the will of Edmund Attwood, late of Tedding-
ton, he this county, who died in January, 1856, the will
being dated the 4th of J111:0141T. Mr. Evans wile the plain-
tiff, and Alice Atwood sad Elizabeth Shipway, sisters of the
testator, defendants. The cam was opened by Mr. Serjesat
Pigott for the Madams.
The plaintiff alleged that the testator was not of sound
mind and unletemattleg at the tine when he wee al-
leged to have made the will, and that he so
made it under cosrelon and eider the inflames of
the defendants. The property in dispute, and which
wee devised under the will to the two defeadmis, con-
sisted of a copyhold estate at Toldington, called the
Vise Tree farm, worth about 2,0001., but there wee • mort-
gage upon it of about 1,2001. The testator at his death was
aged about 64, and hid been in good health, but in the latter
part of his life had takes to drinking. The plaintiff Evens
wee s nephew of the testator and the defendants, and had
tired out his aunts end uncle by demands for
Another nephew, nem( d Burman, had sided with Evsarhe
had been stied and convicted el perjury, but the defendants
and the testator had taken his catlike& ander their are and
btuaght them up at the lerm at Teddhistea. The testator
was taken ill with • sort of flt at the end of 1856, but
became better afterwards and was competent to make his will,
which he accordinaly did cm the 4th of January, 1856.
Mr. Serjsent Pigott related the incidents attending the
making of the will as afterwards deposed to by the whammies,
several of whom were wattled.

Mr. Serjeant P4ott theta addressed the jury for the
flatutiff, relying chkey on discreprndes la the evidence of
the defendants.' witzeatea, and af.or a laboured saracning up
by hlr. Juatioe Crouiptin,
The jury found a verdict for the defendants, thus establish-
ing the validity of the will.
This Ilniahad the Detainees of the filtiZO.

WESTERN CIRCUIT.—Busroi., APBIL 6.
(Bakes Mr. Baron Watson.)
DZKDOS f. GILL.

Mr. Cole appeared for the plaintiff, sad Mr. Pr;deaax for
the defence.

This was an action to raeoverr competumlion in damages for
slanderous words *pukes by the defendant of the pLentiff,
veto ruby be imputed to him insolvent circumstas es and
fraudulent coniuct in les Internees. The defendant simply
pierced the general Mane.
The plaintiff was a carpenter and builder MT) log on boei
near is the ci y of Brietol, and the defendant was a timber
merchant, also residing in the same city.
The learned counsel for the plaintiff sold bia client bad
been conmelk d to bring hie action in ender to vindicate his
character. He war willing, If the defendant would withdraw
the aspersions end apologise fur having made them, to con-
' snit to a verdkt with nominal damages.

The plains iff sad several witneeeee were cAl.tl on the port
of ties pleiotiff, sod 'objected to a long examinat.on.
Mr. Prideeux, for the deleildetat, denied that the defendant
bad been intimated by any &shag of malice towards the
plaintiff. Tte .31 talon he bad exore-sed of him was the
Lona tide convicnos of his mind, se ela( oat of circuustairos
which bad come withal his knowledge, end of information
which he had elicltod by inquiries which he h-d made.
The defendant, at. wife, and a number of mimeses' were
called for the deikmee, end a great deal of evidnnoe irrelevant
to the issue was adduced, and called forth from the learned
judge • remark that be &It Intorelf so bewildered by the
case se to to like a tun at sea la • fog without rudder err
COlapeal.
Mr. Prideaux having summed op the defendant's evidemes,
end Mr. Cole replied on the who's cleo,
IN Lordship, n sonimins up, explatned the tsw of
slender, acid pointed out to what extemt and ander whet c't-
eawatoth al • tradesmen might be allowed to scask of the
credit of soother without aulthattag himself t 3 damexes.
The jetty, after a short consultation, retertud • verdict for
the plaint ff, damages 101.
The two epeeist pity mums of "Iditcalf v. 1.4 Blanc" end
" Le Blanc v. Mitcali " wore withdraws; and some actions
for debt of an unimpotient charades brought the baguet of
the assize to a clime.

NORTHERN CIRCUIT.—LivEnrooL, Aran. 6.
(Before Mr. Justice Biles.)
Tirkt ER V. IeCLIMLAv.—LINZL.

This case excited a considerable amount of interest, the
parties bring •ell known in the tow.. The plaintiff, Mr.
fynr, Is a solicitor, and the dig:adapt, Mr. M'Cloilas, a
draper, and the libel was coataiDed in • I araphlat which bad
ban printed and circulated Ly ths defendant. This book
was hill of imputations meets' tbs plaintiff, riscribUg to
hien prosily Improper conduct in hit professional capacity of
attorney aid solicitor.
Thera was a large array rt counsel on both aides, Mr.
Janes, Q.C,, sad lir. Wilde, Q.C., being the respectito
lesders.

Mr. 'mem en behalf of the plaintiff, elearsotated the
libel as one of the most foul and calumnious ever brought be-
fore a jury. The facts atheism showed theta January, Id4B,
a gentleman named Riohazderia, who had previously been In
business as a tailor, died in the neighbourhood a Liverpool.
Mr. Richardson employed Mr. Titer's his legal 'dynamsr
atoce he commenced busiaas in 1839 ; and his am, Mr.
Robert Richardson, being aware of this, after his father's
death called upon the plaintiff to auk hint If babel possession
of • will. Plaintiff replied that he hid no will, and could
not recollect ever having drawn one out ; but, at the request
of Mr. Richardson, jam., he made a minute marchof the
office. Still the will could not be toned. Mr. M`Ciallan, the
defendant, then called upon the plaintiff, and made the same
inquiry, but still with the same result. This wee on the 9th
of January, 1848, the day before the funeral, at which Kr.
Tyree ma present, in consequence of an levitation which
had been forwarded to him. Mr. Robert Richardson was
deceased's eon by his first wife, and the widow wee his step-
mother. lie called one day at Mr. Tyrer'a office, again ask-
ing if the will had been found ; and at the same time be said
that his stepmother bed been fiestrayinEurintity of papere,
and that she might iaadvertently, or design, have de-
sailed the will. As a reason for his feeling SILXIOUII upon the
subject, he said that he was informed some large property in
the Isle of Mats bad been settled by his father upon
the widow, and be ma afraid that if the will were not found
she would, in addition, take a third of the edam which
amounted to about 10,0001., while the children would come
in for another third. Hs said that be knew this was con-
trary to his father's wish end be bad no doubt as to ire
being ultimately toned, but before any action wee taken
upon it he should like to know what it was and under what
circumstances it ma nude. Mr. Tyree suggested that a
caveat should be entered in the Probate Court at Cheater.
Mr. Richardson coincided, and they went together to Chester
and bed the caveat entered. Title it appears, excited the
anger of Mr. Il`Clellaa, sni Mr. Richardson consequently
impressed his intention of withdrawing It. Mr. Tyner,
therefore, at his request, wrote to the proctor on the same
day directing its withdrawal; but be subsequently found that
en the very next day (the 13th of January), while absent
la London, Mr. Riehardson had caused it to he re-entered.
Oa the 14th a will was found, end the mast was finally
withdrawn. Mr. Tyree heard nothing more of it until last
year and continued to be employed professionally by Mr.
Ricliarchion, and by the firm with which the deceased was
connected, down to the present year ,• with Kra. Riohardson,
the widow, he held no communication after the day of the
funeral; and so matters remained until November, 1838_
was the alleged libel appalled. It wee a pamphlet inscribed
" Truth Is ateanger then Pieties," end the title was, " Legal
Slimy; the Story of • Lswyer and a Widow" It was full
of scurrilous abuse of a " Kr. Bedenough," who It appeared
had victimised, or attempted to victimise the widow and
family of • " Mr. Richeuough," end that by lodging a
caveat he had bees guilty of " downright knavery " end
that there was "a deep blackness about his conduct in
this affair." " Badenough" had been "guilty of inhuman
allasy," "infamous behaviour," for "by fraud and false-
hood" be tried "to force his way into a peaceful and united
family," and "with malice aforethought tried to make en
irreconcilable breach between the son and his stepmother,"
" is order that he might more succeedully and effectually
transfer • portion of Heir estate to himself." " Such men."
the writer continued, "are a disgrace and a scandal to the
whole class, ea well as a terrible scourge and peat to society."
" Mr. Badenough" was abused throughout the pamphlet in
the Name style u already quoted, and for the plaintiff, Mr.
Tyree, it was contended that he was the perms alluded to.
It was extensively circulated in Liverpool, and ha tow
claimed compensation for the injuries he bad consequently
received.

-lie jury retired and after an hones absence returned a
verdict for the plaintiff—Damages 40e.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Beim the Ilwarder.)

Alfred Meswerrws, ZS, sad Alfred *slurs (who warren-
awed to Ws hi trial), were charged with stealing sixty-
eight artifiestal or shares fa the Berlin Waterworks Cow
posy, value V. each, ths property of Charles Richardson.
lir. Cooper prosecuted; Mr. Metcalfe sad Mr. Phillips
were coaami for the prisoner Walters. The other prisoner
was natishaded. _ _ _

It appeared from the evidence of Mr. Thomas Smith, a
stook sad share broker carrying on businees in Copthalb
chambers, that on the 7th of March the prisoner Manner-
:ea cuss to his office, and asked him to sell sixty-eight
shares in the Berlin Waterworks for a gentkusen named
Horatio Oilmen He told the prisoner that it was late In
the afternoon, and that it would net be fair to Mr. Clsggett
to eiell the shares thin as they were lot very mach de4t in,
and he advised that they should not be disposed of until the
following morning. The prisoner, however, said that his
instructions ware that the sharee should be sold, end that ha
should take back the money. Mr. Smith then went Into the
Stock Exchange, but his suspicions being aroused he made
inquiries, sad the result wee that a policeman was sent for,
end the prisoner was asked how he became pee-
staved of the shares to question, which ha had peer-
viously handed to Mr. Smith. He then said that he Ind
been sent to fell them by two pitons who were waiting out-
ride, and upon germ into the street they found the mummer
Walters end a man named Bennett standing together, and
Maawarren was asked whether they wine the persons
who bad sent him to sell the thane, and he at first said he
could not tell ; but he afterwards stated that they were.
Walters and Bennett were taken Into custody, and the latter
gave a correct address, but Walters gave a fake one, acid be
win committed with Manwarren upon the preeent charge.
Bennett was examined as • lasers for the prosecutbn,
sad, according to hS evidence, he saw the prisoner Walters
at • public-ileum on the sth of March, and that he then told
him be had basun sixty and seventy Berlin Waterworks
shares to Bal/, end asked him the beet way to dispose of them.
He also said that he looked at the newspaper to see the
price*/ the shares, and he accompanied Welters and Men-
warren when the primer went to Mr. Smith's office to
sell the sharer, and he and Welt. re remained outside.
Mr. Richardson the peoeecutor, who is the secretary
to the company, was examined, and he proud
that the instruments in question were emtificates, sad
that • sum of 21. 10., had been paid upon each of the therm
These eartificates had been paid into the office when the
anseitat of 101 per share was pad in full, and he had not
seen there since tee year 1867, end was not aware how they
had got into circulation.
. The Recorder, at the close of the cam for the prosecution,
said it appeared to him that, considering the long period that
had elapsed since those certificates were last seen by the pro-
secutor, the prisoners could hardly be convicted of stealing
or receiving them. They were instruments that passed from
hand to band, and they might have come innocently into the
pomession of the nere.
The jury the ore returned a verdict of Not Guilty.