The Express.
London, England, 1850-12-14 00:00:00

HAW Intelitaence.
JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL—YINITZRDAT.
PamirllT-I,oan totonsUo, Km UMW Paiute, De. LteattorOt,
&Nu tut /that. Ilya. Ste Gavot... !trot.
BkAYPIS AMU EUVAlitel e. BATUMI —ALishatt lOTA-
(Shirt OF Tat WIT WILL LCD Thataltral. OF TOO LAUB
Ma. WILLIAM BRATN2, OF ISMILIWBBOIT.
Tht. ease, which washeud ex parte on Wednerlay, and was
an app
eal from the l'nrinative Court,
hate of of the lest will
sod testament of William Brays" late of Shrewsbury, is
the county of Salop, deemed, bearing date the 26th day of
December, and was promoted by the executors named is
that will, against Emma Bather, oat of the residuiry lees-
toes named in a prior will, made by the deceased, beerion
date the 23rd of September, 1844. He died poetised
of considerable property, amounting is raise to the
ems of 30.0041. The testator's nearest rela
tionst and
the
sell of kin was a nephew aad two
ehilitnn of a deceased dotty ; but he had also other more
distan
Litrelaions; naintly, the Rev. Archdeacon Bather, sod
the te children of Mr. John Bather,
tery Recorder
of Sorewthwy. The testamentary peyo before. the Pre-
rogative Court were a will burin' the date of 23r
lld Sept ,
1544, Lod stogier paper, purporting
al.* to be • wi,
burial the date of 25th Deciubsr in the same yeti; thus
four days beton the testatee's denier. The doe
reference
et the termer paper was folly admited ; it was is referencel
to the latter pap r that the querns before the tout took its
orlon. The appallanta bad married two abets of th• tea.
Ulm, and were the executors named in the will executed en
the 2dth December, while ?dies Bother was one of the :mi-
dway Ittatata Lamed in the will of the 23rd September.
The etecotore of the lastootationed will were the Bee.
Edward Bother and Mr. John Bilker. By the will of the
23rd Septerobir the great bulk of the property oi the tn.
Wm was given to the members of the Bother temity—i. 1..,
gee sine &Utica of the late Reesrder of Shrewsbury,
various ropeetione, by specific bequests, and • Coat-
partitively mull purtion was given to the more im-
mediate relation; ..f the demand. By the 1-itter paper
(the will of the ash December, 1544) the greater part
of the property wise gives to the ouster's two ,trees, Mn.
Brae ne and Mrs. Edwards. tad the interest of the li•thir
family, end., the will, was reduced to the non of 6,000 e, of
which 1.000/. was iton to Mr. John Bober, the snood
son of ter Ist. lire,,der, and 4,0001. (600 f. each) among the
other sons and the four deuebters of which that family con-
sisted. The will of September. 1844, as prepared
that by Mr.
How, a solicitor, of Shrewshary, a. d attested by gen.
Reuss and Mr. Atkin his clerk. The will of Wombat. w'
prepared, it is stated, by Mr. Edmund limper, citric to ao
aczoontaor, and attsstsd by him sad Mr. E Edwards, •
latiokhii.der and vietealler at Shreirsbory. The original will
of tho 23rd of September was, it was alleged, &etre=
the din.:Lte, e the testator after the necuteni of the
instrument. The draft of that will, however, partly is the
testator's own handiag, togeth. r with some alteration
Made in it by Mr. How, was proved by Mr. Hew to be as exact
cop?, or in siettance the mom as the will executed by tho
deceased on the 23rd of September. The testator was
a tin, late winker, and in early life he bed bes
much bi frieeded by his uncle, Mr. John
TA, testator attrihutt d the whole of his suttees in lite to the
kiadnem he bet received from that uncle, and be ensued
hi. gretitude for it by re petted sets of kindness to his uncle%
deuttadatts, and =Ore partieoluly, after the death el the
recorder in 18 to hie Mae children. After the reeordees
death he insisted open miter the 'spume of the funeral
and of monumesta, and stationed to show the Mane
satiety to promote the interests of the children. This
'prated to hays been the conduct of the testator davitg
the whole period of life up to Doceether. 1544. The
Meet d was a plata man, and acieuttomed very oetem to
meet Ma fellow townsmen at throe house. in Serewsbuy,
▪ the Tel
the Eaves, sod the CI glee. Toe tuba ir
woe seated at ttw bei.inetiog of the month of 8. Dumber with
Glatwa, which *.etminattd fatally, sad toward the led of the
moo°. he ...cottonseed op stain. It was then that Masks's'
Mr.. K. E leads. etas *lliad to attend him. Anoordiag
to the representation made, the testator, tome time before
the 10.1 t of December, dictated to Mrs. Edweids instructions
for the pereperethoi el a new will, and thane were afterwards
commuirotid to Lir. li. Harper, with directions to prepare
• end fron thole. It was all4teil that the terator was
induced to alt• r his intentions with regard to the disposition
of hie prop' fly, principally by reason ul the eabertatioss end
remeastrate nit a clergyman hawed K. po non. to whose
miatdry he occasionally attended. That tenth Min pave
arid -t cc of the assiduity of Mrs. E (wards retentions to
testator, sat the gratitude which the latter espreteod.
The petit of the town of Shrewsbury on the presumed un-
just dosities el bit property had reached the tutator.
He was stated to have been an extremely sensitive nom,
sod it war su:doin of (het the ourery raised in the toot might
have had the effect of Waging Lim to alur his will.
It was alltged its testator said to hire. Edwerds, 4. 11,
not tt e lioth• re speak to you, or take notice uf you." And
uptt flea. Edwards antwaieg, ' No, uncle," he mid, 44 It
shell tom. the Menet foe thus." hotline at the cha.
net r which the t, stator unstained through life, the learned
I,*4ee in the court below was of opinion that these were
circuital:thir sot likely, even if they did otter, to have
wide any pennaneht impression on ham d. It was
allege thid if the testator intended to mike a new will, he
would not hate sent to such a pen in in Mr. Harper, bat to
ammo prolevin,,al fan. Instead of duino that, however, Mr.
nom., ea. the pers4ll selected by Mrs. K latrine Edwards
Mr. Hopper angesred to have been a friend of Mr. Jain
Xelearals sad vt Mr. Jobe linen.. limner mot toe follow.
ias tetnlant, of the exteuti.in of the last %111. lie said he
sever bad bay persica aeqsaintence with the testa.
tee until the 10th of Di umber last, about fire
o'clock in the *mono, when he attended • t the deceased'.
house by de ire of Mr. John Elwarda lie found the
testator In bed, who seem. it shop eni.ugh lied in good
spirits. Ile mint up to the todside, and testator then said he
wonted hint to make his will. Said Kitty i Kithetine Ed.
wards) had tot down in wrists"; the updraft:owl foe hit will,
and desired her to gin the same which she did, from • box
which was on &their at the bedside. Ise said he wished hie
will to be made is even respect accordiyg to those it
ti es ; directed . Kitty" to gave deponent the old will to
waist him in drawing the new will, all which was done.
The taw sties of the will took place en the •zry.h I/um:abet.
Edward Edwards wet thine. E (wards reached a taint
out of bet ; the paper wu placed by her int the bed in
front of the ilseemod, and depooint recogni.e.l it as the
dneszent which he lied so, as before d, prepand.
•atal Ethel& to.k up the will and /cad it out clearly
std dotinctly from Met:ming to *eel ; the d• ceased ap
petit d to be attending to it. and must bare It. ird it ell ; but
M did wt make say rework whoever et the time, but
erhi n the 'radon* was finithe.l, he said, addrenieg hie nitre,
"ten. Eilwardt, giro la, a pen and I will alga it." The
wilt was then plaid before the deceased on a book on the
lied. He tiled to sign his name but could not do it well ;
he contrived to write pert of his name, but could not write
the ktten, and he wed, " 1 cannot write my name, but I
will mak. ow Meth, it will do se welt." It appeared to me
se if his sight was not vi ry sand, and I also °hutted that he
did not appear to have the tree re of the Comers of his
trete bud; the third fierier ai d the little Miter seemed
intraelv.w doubled ender; the d. cut id then quite of
his own accord and urassieted, made his mark (a
mem), end sold, without say dietrien or suites.
tion of anybooy, " Tho is my last will and deMre,
as -1 I wish it to be eerei.d oat." Edward Edwards then
took up the era; and banded it to oar and ri got sti d me to
write the demated's a time availlit the moth, and the de•
etas. d at thi. came Moon% paid, "Mr. Edwardv, sten tint;
I e is always first in a gad caste." This I and rimed as
meti.ing, as I am sure tt did, that Mr. E boards should 'len
his name so sidings before I Slimed mine. The will was
thi n place 1 on a milt titbit last at the fad of the bed,
rather at ore Offer, hut to that the dented could and did
see all that pared. I aided his Rune to the mark ,Tet0111;
what I wrote was. ,''foe mark of William Braves " Then
Edwards &ivied his came as a witness, end then I signed
mine, each in the preseoce of the other and of the demeaned.'
Kiward Edwatils then handed the will back to the demand
Tee deorawd, then sddressioe Mrs. Eil-r..rds, said, " litre,
Kitty, take ore of this; it is but jwo ice to my sister's
&O de's." hire. Eleards then tuck it, but Ido oat Mote
what 'be did with it. Teo dictated then sad, " Where is
the old will? Let that be deer led." Mrs. Blayne tl en
prodavel a parer folded up, wtacti, teem its appeararce.
al hough ret opened or further inspected by me, 1
believe to have been the will produced to me cm
my first visit. 1 eta °sly speak from its geared
Ilene 1 do not know what biome of it, et
whether it mu or was hot destroyed. The imitator legarated
Mrs. K twards to be Stated, end taco said, " My motive fro
Geuther for pm, Mu. K lwarde, is, that I wish yea to be •
wite.esa to my will. 1 bate made one will, but ft is ;millet
to my Meter'. clalidees. I have beta doing a Brett deal fee
the bathers. I have been seining them all my lifetime,
and t aye dune little or nothing for them (meaning, as I
understood, eis sisteee chthireu), and if you were to us the
Bathers' letters, and my bock, which I have yins to Kitty,
you would Glad it SO." The letrood jades in the smut
below said tie oily questioa to be decided was whether the
'video's given by his Edward Edwards and Mr. Harper,
tbel•two attesting wittiness to the will, was walSeient to test
wiiigh all the prubabilttes of the ease, and all the demeaned
intentwes of the testator with Weenies to the will of the
23rd of September. lie was of opium that it was not,
and hr accordingly prormaterd against the tail propounded
by Le eppellant soil Leon lb peasant appeal.
I spread that the ergasients will onspy the cosacil
be wh.ae of tomorrow (ibls In.

ICQUITY MUICM-Y_ESTEIDAT.

Burma lea Lan Oriental..
IX THI M• 17111 or DTCN 801111112, • LFNATIC—Nso.
LEI T OF 01011110 OP TOO COVII.T. . .

Th. LOP' Chem Poe, sloes Wing his seat, proceeded to
giro hie lodgment opon s petition in the above netts', which
wax argued tarote hie lords'ip he'ere the long rotation. Toe
petiti.• wu presented no behalf. of Mrs. I?yes 8 'cobra =4
sae trustees of h,r morriage seta. moot, wd it pr..yed for as
order Weill eat • me A etece part of the trust property for
the purpose ot petite viols the proceeds cells on certain stew
shares in the Greet Western sad Liadoei and Nerds Weir
tern Reitwey Cloopsooe, which bed teen allotted to the
lu,atoc ens ovens% of whet sitar's held by him in those rail-
way.. The odlotoment wee seeeptcd la 1845 by the parol►
sloe of the Lord Coaucellor, and en order was at the tams
time made to sell out the shares, bat in consequence of
the sbescce of the trustees front the country that
ender was not cei,l d into elect. Toe rap, of
shares having halm, the peitiossers asked the they might
be termi.ted to the sitar.* road to sell stock La order
to pay the calls. His Inerhip, after 'tearer the eircomstenors,
mid he could not feel justified in making the order that win
inked. A nomber of eharee In the two railways hod bees
pat in settlement on the marriage of the lunatic. New shares
wen afterwards ol.r.ted in respect of the oh shares, aO4 i 3
1846 the smut made an order for sale of the railway sham.
L 1046, 44 of the shares WT. sold at a profit of 11.00,14
share. There were remaining 2 std shares, d kis

lid not bear any eatiefisetory name for not having sold them.
It appeared that shares had so much fallen.
to in prisold om that
to
a
sum of 16.00 W. is stock wee now required he ut
pity the calls that lied h!come due, and hi
acts in that,
bandthere
eppeared to be a lam of about 3,0001. on the shar,
all in consequence of the evilest of the trustees toted carr
foyr into
effect the order made in 1915. Toe only reason sta
wile of the stock now, rather than of the railway shares, was
that the divideede ea the shares exceeded the dividends on
the stock. Ile did sot cossida that a esfilsient reason for
the sale of 16,0001. of stoek, and, as protector of the lunatic's
estate, be felt he was bound to yeses the order asked 10f.
Mr. Giffard, for the loathsome, said that is consequsoce
of the recent rise in the prig
of shuts, the lose was
only 6701.
The Lord Chancellor said, according to his calculation, the
rise of shares only reduced the las to 2,0001.
Mr. Ll4yd, in asking for the costs of the committee of the
lunatic's estate, said he e told, if he had en opportunity,
show that he was blameless in the matter. Ho had been
served with the petition, and appeared os it.
Tie Lord Chancellor said, as the matter should come toe•
hive him again, he would reserve the question of costs.
Mr. Bethel', for Mrs. Dyes Sombre, said he hoped his
lordship would allow the whole matter to stand over. There
was no account of the 'acetic for the last two months, and
so owe knew where he was, or what had become of him.
The midden was, alter some further conversation between
Me lordship and the counsel, ordered to stand over.
Hu lordship heard and made orders IA 15 ot'er lunatic
petition., which were unopposed. Those which are opposed
are to stand eves to a day to be named.
Ex PASTS ALTAX.—TIPSTATT or 'tan CounT.
His lordship, in answer to Mr. Melina, said he bad re.
(erred the matter complained of to the Attoroey-General.
(The nature of the matter was mentioned in the report in
this journal us Wedisteday).

INSOLVENTBaro DEBTORS' COURT.—VEGTERDAT.
ns NIL Coaruissioara Lsw.
Ix as JOHN F. PAILIIII —New Kum tx PIiOTECTION
CASs'.
This insolvent, who applied ender the Protection Act, had
been connected with some loan societies, and on being surd
in a County Court, filed his petition under the act. He bad
not given notice of his application to the loan weed., he-
essm the d.bta were under 61.,the usual amount requiring
a notice.
Mr. Comnsiesioner Law declared that be should in all caws
require notice to be given to creditors who had sued as appli-
sent, although the amount might be under 61 It was well
this order should be known, es it very often happened that
persons were net aware that their debtor had applied under
the act. His Honour adjourned the care, for notice to be
given to the loan societies who had sued the insolvent.

ASSIZE INTELLIGENC'E.

SOUTH LANCASHIHE.—LI COMIT.VERPOOL, DEC. 13.
CHOWN
Mr. Baron Alderson tack his seat on the bench at nine
o'click, and proceeded to sentience the following prime en :
James South and Peter Toole, fur uttering counterfeit
coin ii yen rears' transportation for each.
Edward Need, for feloniously forging a request in writing,
with intent to defraud Mears. Woodall and Hough, of
blareheiter. On. year's imprisonment.
Edward Griffith, for having escaped fro m the hulks, at
Woolwich, where he was undergoing a term of seven years'
tracspirtation. He was again ordered to be transported for
the some term.
It alter Fateceet, guilty of a burglary in the house of
Frances Elisabeth Croft, at Blackburn, was brought up to
receive sentence. Being asked if he had anything to say
wby the judgment of the court should not be pronounced
egeinst him, he made a lengthy appeal to the court, as-
suring his lordship that necessity had compelled him to
commit the robbery, for his wife and children were starving.
The learned judge said if the prisoner had stolen a loaf of
bread for his starving family he could have understood the
fact of necessity better then be did from the extensive rob
bery of coats, trousers, parasols. drets•pietes, two pairs of
spectacles, and other articles, which clearly moved that the
prisoner desired more gain than merely to satisfy the hunger
of his family. The mutest* of the court was that he be
inapt i.oned and kept to hard labour for one year.
Janes Kelly, guilty of bigamy, at Barton.upan•lrwell.
was brought up, and sentenced to iaptisoanient and hard
labour ha six calendar months.
&Witt Jackson. of Liverpool, guilty of bigamy, was
sentenced to be imprisoned for ens month
BUNOLART AT W•KAINuTON.
Taut Lasersesson, was charged with a burglary in the
house of Elisabeth Morris, shopkeeper, School-lane, Was-
moat's.
The facts of the robbery wen detailed by Mrs. Morris, who
stated that, on Monday eight. the 2nd December, she weal
to bed, leaving the doors and windows wand. Oa the
f 'lowing morning her tertian% discovered that the house had
been broken open, and entered by the kitchen window ; the
cupboard wee 'mimicked, and a Hitch of bacon, a- me striped
cotton shirting, &noel, and other ankles stolen from the
shop.—Sapetintandent Heartwood, of the police, was called
in, and traced the footmark' from Mrs. Morris's house to a
field in the occupation of Mn. Whi'ley, about a mile cif
With the assistarme of other damn he discovered the tliteh
of baton buried near a haystack, and the eaten prints
secreted in the stack. The prisoner, with two others, were
observed awing towards the stack, and on pew/isle, the
oftkers, they ren away, but the prisoner was taken into
unstuffy, when the footmarks corresponded with the clogs on
his feet.
Ile was found Guilty, and sentenced to be imprisoned and
kept to hard labour for two years.
SECOND COURT.
Satern•cas. . • .

Upon Mr. Jastice Talfinanitsiing his eeat on the bench,
he proceeded to pine sentence upon IViliam Macauleri, who
had been tried along with Sirrill, for receiving stolen plate.
His lirdahip observed, that there could be en doubt what-
ever that the prisoner had been for some yean past the
associate, if not the employer, of a formidable gang of bur-
glars, who bid for wine time given much trouble to the
viler, and great annoyance and loss to the inhabitants of
the surrounding neighbourhood. Any person, of the cnm-
mount undentandlng, would at once have known that the
article*, for the receiving of which be had been Indicted,
Rust have formed part of the produce of the robbery of a
&man Catholic chapel. It Ins, therefore, necessary that
ha should be removed from this country, and the sentence
was that he be transported for tan years.
DRIRAVDING TNa RoYAL INSCRANCI COMPANY.
Smith and Canon were then brought up and sentenced,
the former to two years' imprisonment, and the la:ter to ---
year's imprisonment.
Tin PRISTOM WILL FORGERY

Mary Blsckhurst, a r amiable and efeetlemanly looking
am, was then placed at the bar, mod charged with having,
at Prestos, feloniously forged • Certain codicil tO • will. with
latent to defraud the Lord Provost and Bailin of the City of
Glargow.
Mr. Pollock opened the nee at great length to the jury,
giving an epitome of the circumstances to be brought beton
the on The simple facts appeared to he that the wife of the
prisoner, who, by her Daffier emirate, had power to dispose
of cer.ain property as she thought proper, carried this power
into effect by making a will bequeathing the whole of her
pr..perty to the provmt and bailie' of Glasgow. She after-
wards made a codicil to this will, in which she altered •
1. gay of 401. • year to 301, and made other Will g altera.l
tio..s. The .huge. against the prisoner was, that he added
to this codicil what now constituted the charge in question,
namely, that his wife also bequathed to him all her persona{
prepetty, thereby making nail the previous bequest to the
provost and bailees of Glasgow.
Mr. Catturall then ceded Mr. George Noble aid Yr.
Thomas Pritchard to prove the settlement giving
Blaisithunt power to dispose of the property le works.
The bequest was for the purport) of founding a sehasi is
Glasgow, to be called " Blackhurst School."
Their document' were then put in and read, after which
the evidence was pr needed with.
Mr. Noble,Soll6:Cf of Preston, examined by Mr. Cattiest).
lie stated that he attested • codicil of Mrs. lilaelthenVe,
which he had previously prepar.d, at Lisbon Hall, oa the
27th of May. 18.50, the residence of the prisoner, near
Penton. Mr. Lawrence Spencer, one of the executor' in
the will, was present. Witness read over the codicil in tt •
of Mrs. Blackhurst. On the 3:d of Augu,t I ullow.
Ler he was present at Mre. Blackburn's funeral. Mr.
Pedder, • trustee under the will of the deceased, I ranted
• ropy et the will of September, 1847. the codicil which
the einem s had prep_red of May 27, 1850, and another
rudicil dated June 3, 1850, and several other documents.
Witness endorsed Mrs. Blarkhunt'e will, and glee to Mr.
Blackburn a &Yuman endorsed Mrs. Blackhurat's will.
Witness had mesa in court to-city what was callod the codicil
of the 3rd of Jane, 1850. At the time of the funeral it woe
folded in white paper, and directed to Mr. redder in the
handwriting of the primes?.
Mr. Hebert Ashcroft, examined by Mr. Cantrell. He
stated that he was an WtOrney of Preston. He bed known
the IMMer as au attorney in Preston for many years. lie
recollected going to Lisbon-hall on the 3rd of June last. He
had transacted the particular business for wok's he went,
and had left the home with Mr. Amb'er, whea he mw the
primmer in the garden. The . latter mid to wits es," Rober:,
I am about fiUilillaff my wife'. will; will you sty ani wit
nee it 1 " Witness replied. "11n, if you will not ha loon."
The prisoner then went into the house, and returned to
about A minutes, and said he was ready. Wither and Mr.
Ambler then returned with the prisoner into the hotter.
They ernt into a room in which Mn. Blackhurst was
mated at a table with her back to the door. Th_ prisoner
went in first, followed by witness. Mr. Blsekhont said
to his wife, "l have asked them gentlemen to stay and
witness a codicil to thy will." Witness then sat down
to the table on the le ft hind of Mrs. Bleekhunt, Mr.
Ambler was seated near the door, and the prisoner on the
right hand of his wife. Witness saw a parer lying on the
table to the tight of Mrs. Blackhetat. (The supposed forged
document was then handed to the minims, who said it was
the ame he saw on the table on the day in question.) Mr.
Blackburn then opened the pap-r and placed it before his
wife. Witness had then an opportunity of seeing the paprr,
and jadgiag et its eppeanan. Witness end the prisoner
both made MAI upon the paper who re Mrs. Blackhurst
should sign her may. She Mined her name; and witness
also his. The doenament was and read over by any one, but
it was again folded up by the prisoner. He did not think
that the document sow before him was the some state as it
was than. The difference was that he did sot meaty crowd-
ing or interlining when Mrs. Bleckhutet signed it. There i.
a enowdiag and an interlining now. Ile believed he shy uld
have sodded it if it had been there on the previous occasion.
' Re had Ina is the habit of witnessing wills, and thought he
Audi low MINE Ibe istsrlining it it had been there. Yrs.

I, II