The Express.
London, England, 1861-05-24 00:00:00

LAW INTELLIGENCE.

(THIS DAT.)

00171 IT OF FROMM AND DIFOROZ.
(Hite,, the Judge Ordiaery.)
THE SMETHURST CASE.
n4IIMMINT P. TOWLIIIII AND *TIM.
The *kith, is this case propounded the will of Isabella
Banks, dated the 14 of May. 1450, by which (with the ez•
=4 • brooch set with brilliants sad pestle left to her
friend Miselesk ire, of Walthametow) she tisqwesthed
the whole of her estate and effects of what hind meow
to her " siocere sad beloved (rime Thomas Seretlooste dee-
tee of medicine; sad appointed him her executor. Mine
Jenkins had relseeed bee bequest, so that Smethurst had
become wavered 'spies. Probate ins opposed by Premd
Tomlin., Elizabeth Hanish hie vile. sad Louise Dank; this
neat of kin of the Mmiand, elho ipleacird imam* oilier
Limp Mat os the alitit of Nov.. IJ6Y, let was ceavieted of •
Duman Wm, (1144 y). sod ems seattooed to • year's Om
primmest, elm • he ler weleogais at the emmemormeot
of the mid. It wee ceeteadert. Weave% QM is all Me
geode hod been forfeited to the imam he bad so Mien*
sod oesht not to receive thoseent of pretaia. To Ude piss
pLustiff demurred, on the 'mad that it wee bed ia
welsstanee.

Dr. Plaines, Q.C., sad Dr. Swam, append or the
p!Utios*, : R. bast Q.C., Mr. Swjeset Dalmatian sad
Mr. Maranather for • defeadaan
Dr. Plulbra ,re costeaded that though the tweet Warn;
es the pont were sot many, the authorities wen quite eat.
inset to show that • coovictioe of Mimi did sot 'same&
tate s person from the dasher's of Ide disty as sueutor ;
sad that for away niesna Yet magi he might be
the executor of • paws who was Moan as easister; sad
be might. there"' be the ebeneel te pre hare* in
which he en aol ceseerend The tamed esseesi
quoted in support of la argument a ben the went
of Mr. Justice Williams, in which tW Nssasd Mee aid
that there were few or so pa disabled fran ha* esio.
anon. Is fart the ez any ensidesshby '
from elm tei,tratioa. le thecae cen• the esunt had amp.
Ilea. io tip. other it had sat. As adaiihster was the
aka of the court ; wherein an executer wee the revues.
WWII of the declined.

Ik SWrhey, on the mme side, retnarksd that the sextet
kin were at all Coombs Dot the parties to interfere ; berme
if the plaistirs rights really were forfeited, it wee for die
crown to resist the grant of to him.
The Court said the lla edcourse! bad not dealt with eme
point that arose is the awe. Titers was a specific hurled
which cold only be vi rid of by releasing it to this man,
and the question arose, was be capable of taking that
release I II he was, then be was in • position to Incapable of
cud rights, and might take *sprat:rate ; if he was not, then
the bpi still remained seed; earl the case therefore re-
mained risalarremed by the spastic legacy.
Dv. Dorm. Q.C.. said the Wean was not by the de.
fembeate bet by • IV; potty. It was not pretooded that
Dr. Senethent elee probate for the beimeit of
'ayes* bat blessell ; aid iumbeaded that the inert was
not sheolidely Wand by the terms of the will to appoint
hint executor. He submitted that it would sot
be right for the crown to interfere until the present
claim had been disputed of. It would clearly be a most in.
convenient thing to appoint a felon executor ; and it was
quite clear that Miss beaks when she named him in her
will had no idea that be was •prsoa of that character.
Mn. Serjeant Halleatiao and Kr. Hereweather followed
en the same tide.

—Dr. Philbacon replied. He coateaded that from the
awmest NIS Desks th.d the plaintiN ►ad as 'Melee.lite
right to the executorship. aad that his (sloe, had sot de-
prived him of the right. The only pound ow which probate
scald be refused was that of ascersity, as where a rose had
Immome a public /army. sad had go locus staadi is the
marts. Even in the case of the pence named imeeiltar
beiag a lunatic. power 1111 always reserved to him is the
event of his recovery.
The Court reserved its dociaioa.

THE POLICE COURTS.

(THIS bAY.)

111APJAOROUG MEMEL
HOS IMAMS AHD TH2 DOUCE.
Bob Travers, the wellAsows pugilist, was lamapad before
Mr. Yardley as follows t
Fitch, ill C, said Mat about two this ram* bbeard
the dateadast baldadats sad *On s Leiassasrapease. Hs
told him to go swag, and as lie woad nut he bask his late
cuitody. Ths ddsadsat was auk.
Mr. E. Lewitt ef Great Masiberesgletreek appeased for
the defeedost, andpstwswlsmseliess to the comitabia, with
the new of slums( that a imorsmssid bia buWimiye on him,
sad said, " Oh, it's gem,
_Thitierejizzhere sot among your
pia
sow
calling for araallpaad• aid ask* me pay
tce Itrthat be had been ddeldis Bob ?mem lad
fell out with him because Ists Ukils naming would sot pay
for it at Alec. Kees s ; that ha bad saver told as lapesisr
(Mr. Webb) that the defsedaat had arid abeam. lawny, ;
sod that he had told the ashadaart be was a better me
than he WA., grad that he was " • black," but the
limitable &sled the questions @sOrely.
Mr. Vitali., maker! Jdr. Leiria if I. WY prepared with
anions's to support the daissaa. sad Mr. Lewis replied that
Is was not.

Imme.tor Webb said the defendant was drank, but that
h. had knows him to anoint the potion cm wend maims
Mr. Lewis having addremed the weldetrate at wow
length. stating that h• should be presaged with winnow" to
mount kin ease if adjourned.
Mr. /wary said he did see eserider Was defense at all
',awaited as it Mt hese hew, hot be should Daly Impels
a sendial el one daft. At the maw tune be want
ow that be did it believe the imaartissfs tionowa oat
wa it the seselabh, anwsworted as they WWII by wit.
ft _

ustMr. Lewis NM It bad simply adoill amottlitig to hie
atotrion.

AIIIITAL Op Tat CEL/MILATIID BLONDIN, /1011
Amax*. —•secept the pmesegant by the Brennen steam-
ship, which arrived at Southampton, yeateiday, from New
York. was M. Bloadia, celebrated for his extraordinary mad
prism Gets at the Maws Falls and other places in the
UMW Seem There la aothiag partioulsrly otrikisig in the
mat homed this, that at the SiM =
slams one sea
haabir he be mimed with wonderful elresit=
seneml eimuses. Hie appearance denote@ such
earls. Ilea& we. bent is the yaw 1891. an RC Omar,
Pas de Calais Frame, and is cesesquently in the 97th year
of bin Ina Illendin is isseammied livhi wife, as
isteniatlag, WAR' woman, mid har thme &ahem After
• shot Ms' is Southampton. Moir left by tab tor
Lath te bi prase' at Me Crystal Adam this day, far
illie panimi st eseepletnie the moomary arrassemeste far
161 apsweash66 mash Meshes Mt public
ciA
26 the Palms will take place as flaturday=asat °of
Jess flee
_deg knowing Epos moos es pries al
abides hallircrows.
rigtFlll. Tit.—On Tuesday evening • most
leadel assail acsimeine leek place at the Mashweernmeth '
Matins of the North Reellues Railway, after the inevien.
Ma ef the Hamisek —.mast. May theme& at people
mss @axioms te niters to their hams at Shields, New-
mils, ad (Maimed, but the compsay had magi the nod
hedentrea for Mat '
bed am two acienaleme
Me Miss were Mies epos. Aer • miarar past • '
&desk when the endesias sad weer were at their height,
•Ws anted hen Newcastle. aad Memo, of wild uproar
billillied, Is Hie mime of it the blood of everome was ,
AIM by • mast feerful ealamephe which occurred. Two 1
LiSaass.ftilliell by which it was easmioseiL Mr. Thom..
to Ilastamile Animal adios, was
theta So =le the
Neweastle and ea the Ws leashed
the elation it it Mated that a gate was bent e,w by the
tread '
_.ad that he wee reed in Mir
NNW. and between the platform sad telas=
1
Mill is maims. me awfully crashed. Another
• that be we naming after the min, whisk we Mavis'
the Manes when he aim with the seeedesL He 'sly lived
Med me hem and a halt. It was two ar three Mere after
that him the parearra were all re at ; an, two at
Ohm persons were oblered le walk to BMWs
bdare denims
FATAL AMNIA? OW TES NOWT* EARTKarI Ran.-'
mit —oe Weisman,'seeing, as aceidist, resultieg hem
the Plied ael ef mem einereeek emotred lo • `mots Wan
m the Nerth-Rmieni Railway, at Passel. Dear Nervosa*
Pwhile the we killed end the stoker erne*,
oet , injured. For reason which mama
bp•Zateatared, it appears that a pair of lurry wheels wens
sear the line at Nom' after tee o'clock. sod
Asa as hour afterwards • goods train final Week
osimistirg of 110 minim sad twesty.futir waggon
Wiled them. The ',gins, which wee rumens at •
pretty rapid rate, struck simian the wheels sad wee
Mews of the road. dragging with it the prossloisi
portion of the train. The engine was almost smashed to
*me by the terrific impetus with which it was throws ad
the bne, and the 'reggaes, although sot entirely destroyed,
were distributed about the line in great catifusiou. Wil-
liam Horton, the eniiteman. was fatally injured. and died
before niedioil sonstame could he procured ; but the stakirr
Mose ewer veil.' not be aacertalued. was more fortunate.
B. wee Injured, but was able to he removed to Leeds, ad
hams are entertained of his recovery. The dammed was
also brought to Leeds, and a• *twat will be opened upon
the body by Mr. Illsokbora. Ail the eireumotaoce. coo-
meted with the calamity will be (ally sad eserrhiegla is-
retigated, sad we siseerely trawl that the parties wholave
bra the author. of the accident by thew wicked conduct
will be discovered. What could instigate to such • diabolical
and wanton act is measly cooceivable. and had the Weis
arbwlt arrived at Pars! bees • passages instead of • goods
train, it is fearful to costemplate the destruction at life
which must inevitably have ensued. The damned, we
believe, has left • wife and several children. The trains
between Ste rbsek and Pascal had to be worked this manna(
ee • aright lime by pilot merino, bat beyond this there war
Do interru_ptioa to the treas.—Leeds Mertiatt
Tits KULTAN.—RUII.IOUIII of the grave incites--
eves deeth - of the &hos have been locally circulating
doting the week. We need bonny say that the reports to
question have bees without fouadatroe. His Ilapety ma,
vs learn front • good sauce, slightly iodinpueed is the
earlier part of the week, but be is sow happily again in the
sujoyoseat cii his usual health. —Leant H, roil.