The Express.
London, England, 1850-12-05 00:00:00

COURT OF QUEEN'S BENCR.—Ycarzawa.
gram o sr Itge Taws sr Weninisren.—Baroaa Lose Gamma
awe a Sesoss. Jew.
SIR GREGORY PAGE TURNER'S WILL.
DILTDin O. Firalt—lnca 7105 1111 COORS or
CHANCIaT.
The trial of this eau* was rammed at the tittle( of the
mart this morning.
The ass was resumed by orreval docuseuts beieg put in
sad read, which chiefly related to the proceedings in Chan-
owy sad had referees. to the *sides.. in the eta. which
had krudy been gives.
Eliza Loos *waited by Mr. Barstow—Witness was for-
imerly in the wed Mr. Helens at the heave in the
Alpha road, w. P. Turner 'lived. Winsome win
afterwards is Rook's service when he took the home, and
Cownined is the lionise alter Lady Turner came to live Ia
the house. Witness stayed is the service until two months
alter link left, whit he did la Fibrilar!, 18f1.1
Witness bed bees In the habit of seeing Sir Gregory for
three years and nine months. Witoese had seen Sir Gregory
in the greets with his keepers when a taunt pissed, sad
Sir Gregory would cross to the other side of the way.
Whew withins lived in service in the Alpha-road, she eon.
Wined Sir Gregory different to other gentlemen. He was
frightened at dogs ad cats. Once Sir Gregory had a new
suit of clothes, tied Mr. Holmes's dog licked one of Sir
Gregory's gaiters, and be never would wear it again.
Rook and to shave Sir Gregory every other day He did
net like to be thawed, end asked to be emceed. Sir Gregory
and to eat very greedily. His clothes were very dirty and
greasy. He used to put his clothes inside kis bed frequently.
One leg of Sir Gregory's trousers wee 'brays turned up
when he mime doom tram his bedroom h the morning. It was''
always toned op after be went up to dregs. Sir Gregory was
dirty in his penes. Sir Gregory never washed kis face clean,
sad Rook sometimes loathed it for his. Sir Grapey weal/
lever touch a towel if it bad touched the floor. He wail
sot allow his bedclothes to thucli the lioor. Witale•
his bed, and Sir Gregory told her not to let the bedclothes
touch the floor. He put his sheets and th the bed, sad
slept ia the blankets. Us used to tear the bed furniture,
mod Shea sew it up. livery other Sunday was Sir Ger
gory
's needlework day. Sir Gregory would not choke hinds
With people. He teed to fill his treason pockets with papule
He was very easeful of the papas, end arlditioest buttons
were put on his pockets to secure them. Sir Gregory bad a
newspaper every moraine, but he did not read it till the
neat day, in order, as he said, that it should get properly
dried. The newspaper Wee the Morning Herald. On
the first day, when Sr Gregory particularly desired to know
the news, some one held the newspaper while he read It.
Sir Gregory would let his dimmer stand tor a quarter of an
hour or twenty minutes before be would eat it. He had
dirtier alone. It et keile or fork tell to the proud Sir Gre-
gory wooed not our it. He would tot let it be picked up
until another was brought. He had a great objection to
medical men. He mod to call Dr. Southey " the lawyer."
Wither had seen Mr. Meleerly at Alpha-road. Sir Gregory
gelled Mt. Miberly " the tailor."
Cross examined by Mr. Chensbne—Witness had fits limit'
whet Rook was at the Alpha.reaL The fits were epileptic fits.
There was a miesettoe bough laths kitchen in the house at Al-
ph. road, and Reek's moo tried to kin witness, and she threw
herself bark end became ill.
Dr.. Fiances Freemen examised by Mr. Rowe.—Sir
Gregory bad undue habits ; he used to open the doors with i
the skirts of his cost, which be took In his had. (Hemel
the witness corroborated many of the facts deposed; to by
the witness Bina LAM.)
Ante Watson examined by Mr. Barstow.—Witnen was
now lady's maid to Mr.. Fryer, the daughter of Sir 0. P.
Turner. Witness was lady's maid to lies. Fryer when as
Cheltenham. Witness went for three months to reside with
Lady Tuner in the Alpha-road. Sir Gregory never acted
es the master et the house. H. put his clothes in his bed.
Witness dept in the room in which Elise Long bad slt,
which was neat to Sir Oregon's room. (This witneu also
stated thriller lame regerdiog Sir Gregory's habits se former
witnesses had done She also gave similar testimony to
that Rives by hiexa Long respecting the habit which Sir
Gregory had et disturbing the person et night who slept in
the seat room to him.)
Mrs. Elisabeth Burin examined by Mr. Rowe—Witness
was a widow keeping an inn at Liston. In 1841 Sir G.
P. Terser CAMS with a large party to witeess's len. Mr.
Wilba• heaths was one 01 the party. Sir Gregory and
party staid about three weeks. He had a fit one Bueday,
which was very violent.
Slaty Maxfield, atomised by Mr. Barstow—Witness had
been lady's maid to the late Mrs. Greve. who was first
comin to Sir U. P. Termer. Mrs. Graves vwitiel Sir Oregon
when be lived in the Alpha-root Witness used to see Sir
Gregory, who was sot like other people. In October,
Dill, Km Graves and Sir Gregory went down to Brighton.
Witness also went down. Mr. William Potion was likewise
one of the party. Mrs. Graves aed Sir Gregory dined togs
thee. The elusion gnawed Sir Gregory seta gluon of
wine, end he would have that quantity of wine measured out
several times over. One Saturday a letter came Iron Lady
Tense, which was read. la tbe night Sir Gregory and
John, the page, with a light, came into Mrs. Graves's room
is their eight clothes. Wanes' slept in lirs. Graves's room.
Wien Sr Gregory came in be salted which WU Mrs
who answered " I em Mrs. Grans." Sir Gregory bad lady
Turner's letter in his hand, and said he wished to have
" Lady Page's " L tier read to him. By Lady Page he onset
Lady Tenor. Witmer' got out of bed and held • light at
the toot of the bed, so that Mrs. Graves might read the letter.
John, the page, remained at the door, and Sir Gregory 'toad
at the s:de of the bed. Mrs. Graves read the letter three
times over, and Sir Gregory when it was first read asked
witness if it had been correctly read. Sir Gregory and the
page then went back to bed. Sir Gregory used to walk
about in the night. John, the page, walked about with him,
and Sir Gregory talked to blur. Oa another occasion Sir
Gregory cams in the middle of the night and knocked at
Mrs. Graves's bedroom door. Mrs. Graven got out of bed to
him, and be said John had st..len all hi. thiogs. Mrs. Graves
told him to go to tied, and he called John " a d—d Taira
band." One evening 84 Gregory removed the sofa
from the sitting room into hie bedroom, and laid down
upon it. Witness sat by his side in a chair. Sir Gregory
opened the window, and said when the window was opened
the door mast be shut. He then shut the window and
opened the door. He did do three time,. He then &lied
witness to sing. (Laughter.) Witness sung to it.r Gregory.
(Rearmed laughter.) Hs then seise, "Test will do, that
will do." Witness then wester'', because she was afraid
Stephen Mousy ezamthed by Mr. ROWS—Witness had
been gouged since 1839,j0 attending upon hieratic'. Wit-
ness was attached to the late Dr. Wetbarton's establish.
mint at Horton. Witness wow rent to attend on Sir G.
P. Turner, whoa he lived in Oleauster place. Witness
first attendtd upon Sir Gregory in June, 1842, to relieve
Rook tar one dn. Sir Gregory was pleated with winless at
first, but afterwards wished to have Rook beck seals the
same day. At that time Sir Gregory was almost
deprived of his speech by paralysis. lie 'Refused himself
by beaming. Sir Gregory did not exercise ay free will
about any matter, and was incapable of taking an of him.
self. At that time he had no command of money. Witness
was present at bis death. He died in an epileptic fit.
Cross-examined by Mr. Cbambers—lt was not a very
violent fit in which he died, but eaten was quite worn out.
Mrs. Beecher, examined by_Mr. Banta w—W Pans was the
wife of Captain Lecher, R.N., who knew Captain Hayfield,
the brother of Lady Turner. Is 1840 witness sad her hus-
band took tea with Sir Gregory and Lady Turner It the
Alpha road Witco, considered Sr Gregory at that time
to be an 'codicil, person. lie merely bowed in answer to
observations. He could not keep up a conversation. His I
speech wee thick.
Dr. James Sutheelend, examined by Sir
mess was pbys.cian to St. Luke's Hospital for 30 years, and
began to practise in 1805. Winless had now retired from
lractice. Witness bad gives his attention particalasly to
unatic emus. Witness first saw Sir 0. P. Turner on the
6th of December, 1823. Wiener was salted in to oppose the
coma rim' of toasty. 'Wiliam saw Sir Gregory in the
Queen's Prison. Br Gregory had three physicians clad in
SO oppose the commission, aced mitoses wee ea. of them.
Witness eumioed Sr Gregory three times; the result of *et
examination WU that he ~the witness) believed that
Sir Gregory laboured under deluging. The chief delusion
was his fear of infection. He mod to set bole* is linen.
Sir Gregory said that ho see, who wee dead, had been mutt
dared by a Mr. Orson, from his not putting restorativesiato
kit mouth whoa he was deed, which he (Sir Gregory) had
desired him to do. Sin Gregory was reminded that the
child's heed bad been examined by Sir Astley Cooper, epos
which be became angry, and oil his child had been mut-
dined. Ia 1824, by the order of the Lord Cluatedier, wit.
sew sew Sir Gregory thee. times in July. His dimes hat
sot Improved at 'IL Witting mw him three times in 1825,
mad he was still the sun. Witness saw him also
in 1826, sad he was then no better. One of hie de-
lusions was that his family had conspired against
and he said his brother, Sir Edward Pane Tuner,
was illegitimate. Where a person was afflicted with
as insanity Iles that of Bir Gregory's, sad where it had
continued for so long a time as it had is his came, the chances
were against hie recovery. Whams knew of no instanced
a person who had beta lamas for se long a time u from
1823 to 1839, cements/ so ss to be fit to mike a will. When
epilepsy and paral emu it they were likely to provost'
inanity di cog. Ia order to try whether a person
bed his rearm, It was necessary rigidly to test
the patient en the 'abject of the delude:lash e had laboured
under when issue. The het of Sir G. P. Terser talkie,
ettlieeelly co ease salifeets would not be a proof that he
wee sue, %alms ids mind wee free from delusion.
wimple thought that SO Gregory was not, when he'
knew him, In e N state of mind to make a
Ana= atom knew of en instant* of insanity fete
Lowed by parairde dad •PiliTs7 did Wahl, when the
km,* la mama go may part ion toss at Ike how
sub woo to pm and patients 11 maths to mom, gad

atter that tea, it tbsy did set improve, tasy oat diseitatod
se incurable. Witness had heard the evidence of Dr.Sontba
ewe y,
bet it had set altered hie opiates with regard to the of
Bir O. P. Terser.
By the jery.-1a a ease like Sir Oregurs there were not
likely to be lssid totemic
Dr, CosoUy, ersmiaed by Kr. Berdow.—Witnaes hod
Uses a pleysistaa l 8 years, sad bad beta Oriels* to Os
Ileaw bootie Asylum 11 yens. If a person bad bola
Una* ler 18 yeses lepsy supercold., would make Mu
dimes wane. Is Ma • case witness had never kaown a
T• his
.area.
This was rho use en behalf of the defeedant.
Kr. Cheatham then replied is a muck el coulderable
lencth, sad of pest eloquence and ability.
re. Lord Cb-iot Justice (at Gls o'clock) proceeded to sum
up tie cow. He said that this ease was an issue directed by
the leta Vice.Cheatallor of England, to try the validity of a
will taunted by the late Sir Gregory °shame Pag• Turner,
de tee 16tb ot Joao, 1811. Tb• •slidity et that
will
depended apes the "
mind
the jury should form of the
stets of Sir Gregory'a mind at the time it was executed. If
it had been dearly and eatistactorlly proved to them that at
the time the will was made Sir Gregory Page Tuner was of
competent undenteuding, that he knew its entente, and
was pufeetly aware of what he wee doing, sad if he had a
&rococo mind, then the will would be • valid one, not-
witlastandieg the intellect of Sir Gregory wes subsequently
impaired, and the [set that a 03.11M111/02 of lunacy war in
evacuee. Whether he was is a proper stall of mind on the
16th of June 1841, was entirely for the jury to say. The
Lord Chief listico then west entirely through the evidence,
making obeerwaticos epos it is he prom& d.
Ho lordship roselodol kb summll spat twenty minutes
past nine o'clock, and the jury immediately [stunted a Ter.
, diet in the plaladff.
Mucus se Banos arm Tram.—Booan Ma. Jcsems Pummel
. Ms. Jarred 03LIZZOO., KZ. Juenca Wioerness, ass Ka. Juana

Late
TIER MATO* AND CORPORATION OF Romney's& O. LIR.
This was an action brought by the plaintiffs as owners of
the port of Rochester against the defendant to recover the
sum of 8L 7s. 6d., claimed as port dues upon the importation
of coals. The trial took place at the last spring seams for
the county of Kent, before Lord Truro, then Chief Justice
of the COSMOS Pleas. nod moped several days. Three
questions were ultimately left to the jury by the lamed
lodge, Ist, were the corporation owner' of the port ; Sadly, was
the sus of 4d. per chaldron or its equivalent 31d. per ton,
which had bean paid upon coals imported, payable as a port
die, or for services rendered distinct from and irrespective of
the franchise of the port ; 3rdly, was it payable on all coals
Imported, or only on such noels as were imported for the per-
pw of sale, and he directed them that all ports were prima
facie belongieg to the crown, but that the crown might make
a grant of the port and franchise toe subject, that inch a
grant might be shown expressly or inferred from the exudes
of rights which could only SAN from such r
ant; that
the right to levy toll does could only a from
the grant of a franchise, and that anchorage could
be claimed only by grant; and on the seemed point, that
where a payment had been exacted from time immemorial,
which might be attributed to a royal grant, which would
give a legal origin to the claim, it was competent for the
jury to refer the payment to such legal origin; and that the
onus of proving all the three proyositions was upon the
plaintiffs; and that if they bad not established them to the
satisfaction of the jury, they would give their verdict for the
defendant. A rule for • new trial had been obtained by Sir
P. Thesiger, upon the ground of misdirection, contending
that the receipt ofues for anchorage was no evidence of
ownership of a ported that ownership of the soil, which in
this case was not co-extensive with the ownership of the
port, would support the claim for those duet, and that the
claim of fourpence per ehaldron might be ascribed to the
ownership by the corporation of the city, and to the services
which they rendered in that character, by providing the
means of unloading and weighing the coal imported; and
as the ownership of the port and franchise was net proved
to exist, its existence would not be presumed u a fiundation
for the toll, when something else was actually proved to exist
which would be a sufficient foundation. Against this rule
cause was now shown by
Sir Fitoroy Kelly, Mr. Rose, and Mr. Whiles, who con-
tended that the questions left by the judge to the jury were
the proper ones, and his directions in respect of them unex-
ceptionable ; that although there was no proof of the grant
of a port or of anchorage dues, or coal dues, els nominibus,
there was quite sufficient from which to infer such grants ;
that many chart' la were produeed, all referring to some
preti -us charter, and all containing general words maiden.
to carry the franchise ; that the anchorage dues could not be
explained, as was attempted, by Waring them to the
ownership of the soil, fur that such ownership would not
cony a a right to take such dues, which could only be
claimed under a grant of a franchise, or by preeeriptitn.
And they cited " Lord Hale de pertibse Maris " (Part 2,
e. 6, p. 72); " Comyn's Digest (tit. Toll. IF ); Mayor of
Nottiughaus'e" case, (Willis, Ill) ; " Brett e. Beak," (10
B. & C. 608); "Jenkins tr. Harvey," (2 C. M. & It., 393);
pi "Toe Mayor of Exeter v. Warren," (6 Q. 8., 773).
The hearing of the other side adjourned to this day.

COURT OF COMMON PLEAS.—YESTERDAT.
SITSI.OIS as NMI rams in 1111001.11 Ma. LOW, C■ll7.
items Jeans an a Smut Inst.
HAILOLLOS o. U•KoILLYI —Queutoe or LIOITIMACT.
This was an issue directed by the Muter et the Rolls to
try whether the plaintiff, John Robert Hargrave, is the son
of John Mar, deceased, and Mary, his wife, his leg
macy being azmad by the pla miff, but denied by the
defendsnt.
Mr. Batt, Q.C., Mr. Serjeant Wilkins, Mr. Wekby, Mr.
Hugh Hill, and Mr. Phipeos screwed for the plaintiff and
Mr. Serjesat Chantal, Q.C., Mr. Adolphus,
and Mr. Willie conducted the defendant's ease.
This trial has incepted the court three days.
In opening the plaintiff's case Mr. Butt said the question
was whether John Robert Hargrave was the son of John
and Mary Hargrave, who had been married in 1816, and
lived together as man and wife, but had subeiquently been
tenanted in 1124 under circumstances to which he would
presently allude. This question arose out of some proceed-
ings in the CAM of Chancery founded on the will of Thomas
Hargrave, the father of John Hargrave, deceased. The
testator was at onetime an innkeeper in Old Cellum.strest,
but he subsequently lived at Leyton, in Bins, and
was polarised of some property. owning, among other things,
the freehold of the Saracen's Head lon, Aldgete. He
made his will hi February, 1819. by which he devised his
property to Masers. Jo•line and Smith, in trust for his son
John for life, with remainder to his children in tail as
Unsettle in common ; consequently, if the plaintiff John
Robert was the son of John (the testator's eon), be would
be jointly entitled with William Jolting, the elder son, to the
property of Thomas Hargrave, the testator. The value of
the testator's estate was about 60001., and it had been the
subject of litigation since the year 1840. in the course of
the proceedings this lase had been twice tried—on the first
occasion before the late Chief Justice Tindal. when a verdict
was found for the plaintiff ; but an application wag made for
a new trial. Unfortunately, Chief Justice Tindal died before
the Master of the Rolls could confer with him, in order to
remove some doubt from his mind, and be therefore directed
a new trial after the first verdict. On the second occasion
the verdict was given for toe defendant, and the Master of
the Rolle not being satisfied with that decision, the case was
sow gent down for a third trial ; and they could easily ima-
gine that after so much litigation very little of the property
would be loft for either of the claimants. Shortly alter the
death ad John Hargrave in 1840, the defendant became
very dissipated, and, in consideration of certain advances,
assigned his interest under his grandfsthet's will to a Mr.
Simmons, who had died since the last trial, and whose widow
was now the real defendant. Oa the 14th December, 1816,
John Hargrave was married to Mary Snow, at St. Bride's,
Flestutreet, and they lived together until 1824. when they
separated by mutual consent. Several children were the
issue of this marriage, of whom, however, the only atuvivors
were the plaintiff and defendant—the former having been
born en the 18th November, 1836, and the latter in 1819. '1
The father of these children, John Hargrave, was a man of
very dissipated habits and loose moral character, one of hie
principal failings being his fondness for illicit connexion
with the fah sex. In the early period of his married life
he occupied part of the Ipswich Arms, in Callum-street, as
a feather merchant, and at this time a relation of his wife's,
called Mary Roger., insisted in the household work.
Early in the year 1824, it would be proved, he seduced
this girl, and, under the pretence of being ill, he left ,
his wife in the spring of that year, and took
Mary Rogers to Hastings and Brighton, it being
subsequently ascertained that she was at this time
in the family way by him. He returned to hie'
wife in June, but she having become acquainted with
hie conduct separated from him in the toltowing month.
Upon this, hoe husband took lodgings for her at Woodford,
made her a small allowance, and occasionally Tithed her. He
continued to live with Mary Rogers until her death in 1834,
after which he cAubited with a woman named Toone.
Whilst Mrs. Hargrave lived at W.ndford, she gave birth to
a daughter, but no complaint was made by her husband, who
natsed and guested it on the occasion of his visits to hie wife.
1et11129 dissipation produced its neutral result, and he became
Undyed is his circumstances. Upon this he at first reduced,
and ultimately altogether withdrew the allowance to his wife
and went to reside at Boelegne. He, however, was in the
habit of coming frequently to England to eaten his rents,
which were peed halt yearly. At this time he owed a Mrs.
Probe between ell end seven hundred pomade, and he used
y_to call and pay the interest of this debt to her
rierZtillre. Pope. In the year 1830, he called upon Mrs
Peps sad asked where his wife lived, and she gave
his hey address, in the Globe road, Mile-cad. She
miss aseempaaied him ea a vide to his wife, when he
addremed bee in his used mutter, calling her " Mother," as
he had hese aceesteseed to do. They appeared very
friendly together, end the husband nursed the little girl
Emily, wise had tees lees at Woodford, and treated her
as his ems shad. Sdoesswestly Mrs. Hargrave resided in
New gemes,mmet, , and lived by stay-stiteltieg;
bee Is INN alminsteved he bonotreet, in the Borough,
mad eempled a mem le a Woe belooging to a Mr. Stormy,
*NI ethic ISMS Ice tae autos been being eccup.ed by Bliss,
he* Henry. The imperiegg masedon to be de.ided was
whether early In MM Se WIWI was la coramanaSeatien
with kis wile, wader emit dranmeMeres ea would enable the
Jeep Is biter that he wee the father of the plaintiff, who
WM hem as the 18th November is that year. The jury
moo prehaMpaware that some time ago a doctrine obtained
▪ 21108•1 that it the Imediand and wife were within
maw wee Wiest " tke kart " and a child was born ft
should be rhea that the kmtWd was the father of such child.
This rale was no doubt estAildisd because of the difficulty of
the *putrefy MN in Len times it was bald that
reLeilito
mot enimigh to dam Aim the husband at.d wife were
ha dm men soupy, U II he proved that there had been
no mgmannieeties helms Sam In this ease it would be
ileum thee dee herhemil gni wife were in communication
with ash ether, and thimigeo, in scoordancie with the kw,
themwoold Ong Hargrave wee the father of
the intim fio OM Ireland he was in the
habit
ofieing to the Rip Taves, in W.W.I/met !Am Ids