The Express.
London, England, 1850-07-11 00:00:00

BETTING AT MANI

lIZSTER.—TozsDAT.
JOL CUP.
5 to 1 opt ItiodisohieTto (t) 5 to 1 sett Vu57,5 (t)
4to 1 —l4ld a 1 Tam VA,' 11 to 1 —Wild Agog
to 3) to 1 Juggler (t)
sto 1 fit! (t)

CRICKET.
KENT v. ENGLAND.
This match was brought to a doss yesterday at 2 o'clock
is favour of England by six wickets. Score :
Heir—(l.rrt Inahms.) (Woad lunirip).
T. Adams, e Chattertsm. b Day IL b Day 4
W. Pilch, co Meant." b Day 10 c Bathurst, b Day
E. Martin. b Wiadest
Y. Keh, b Wisdom 42 b Wiu
W. Martlogell. b Medea 4 c and b Wladeu
A. Myers, Es q., b Bathurst ... 7 b Wisdeu
N. Teas. Esq., c Box b oar... 12 e Bathurst, b Day
W. de C. Baker. Esq.,b Wades 20 e Box, bClarke
B. Clifford, b take
W. Hillyer, b Clarks
E. Hinkley, mot out. 2 met out
Byes 1, Lb 4orlde 1, nb 1 7 Byes 3,1 b4,n b 1 4

Total 129 Total 7B
EIOLAND—(First busing.) (Second lawless)
0. C'batteiter, at aidord,
b litUyer
LIM. Lee, Fog., a Martissell.
2 b Warth
b Mobley igell 3
W. Niebol.s, Est., a Adana,
7
b 11111yer
T. Dos, 0 Hinkley
0. Parr, not out 3l sot out
J. Ouy, b Martlagell
J. Wisdea, b alsrtisiell
Jobs Ullysldte, rus out 2l
W. Clarke e and b Martlagell 7
D. Day b Martin/ell ~ . , 0
BizEbstburet, a Pilch b Ilillyer 4
Byes I, bb 6 7 Byes 4,1-b 3 7
_
Total .—.— 151 Total—

81

The validity .1 the poses by Dr. Lent, sad
they wen sought to he proPrtnnedt mrbeyd Dr. Samuel Ash-
wellno seadieel attendant of the deacon, sod sole em.
eau; sentiateed In the will is questios. Oa the pan al tin
busload it was pleaded that aro his marriage with the
deemed, la the year 1828, a settlausat wu esseated,
socurlog sena& snake to his nes; that after's:ls, both is
Italy sad lagind,thoglived lingoth.r as afeetissato tuna ;
that of oho leaser sasestry tko husband was a native, gag
than ha posersad osslsess. and dist la the sawast ef 1831,
dairies his aid, abroad, conespended with him is
nay wares tarns That is end onniandy to 1842 she was
lahsoadsg seder es Wend discus, whom, Sir Charles
Sitodamee hslog Mimi is, sad, esseldasift lbsT is
dupe, is mended Mot to resenunsiod a ter is inks
her will, noes mid* s orelessicsal goatimin alluded, to
whom verbal kielensliens wars gins ear the issinalleaS, ha-
eseetisiog thabnikellise~e, to hoe katelmod, Dr. I,gui,
I tuna' eras defy sossebil sod alliegoi to Mr psis
Sesdesien, bet silerweeds ease We the passossies of Dr.
Anneal. whey tin M*OS Si May, 1847, is eassnoteass Ti
kw isersadog Blum had bon celled is by Sir peeks
to visit the dessand. It was alleged that Dr. Ash-
well attended Mn. Load trona that time so to
her Alan as the 7th April, 1848, and by prescribing wise sad
brainy, whisk ho Ins is the habit of coanying to her I.
his owa earehge, elnalaed sash as aids' labium one the
deceased SSW Wass her to wean I will entails he was
aposistsi eels euentor and rodduary legatos, while her
husbaad, Mr. Mask Load, was eel, lett a certain quantity
of Bonk Stock aad Loag Annals.; but is oat month after
tot inn of this will, ho was allured to ban so aomoistely
gained a osatrol over lb. lady's wind that she neaten a
codicil nvokiag no bequest nada to her husband nadir tboe
will, and Waving everything, with the ennui= of koalas
to hor two servants, to Dr. Atttwoll. It war usertsd the two
sensate af the deceased—Blackwell and wif•—were sense

In sown with Dr. Ashwell, and on severel c e t7s oss
Need parties acrainance to their mistress, and behaved
with great rudeness to Dr. Loaf, who, although occupy-
tag separate 'perinatal' from his wife, only did
so, it was snorted, from the state of her heelth, and not from
say west of affection esietiag between them. The &Legs-
non also pleaded that Charlotte sad Hoary Blackwell, on
more than one occasion, while Mrs. Lomi was assaaed to
her bed, removed articles Cl plate sad j-weUery from de-
-1 ofeased's hone, sad that certain boxes were one night de-
I posited by them in Dr. Ashwelrs carriage, and canted
I away. It west on to allege that immediately eller Mr,.
Loa's dowry, Dr. Ashwell informed Dr. Lomi of the eon-
I tents of the will now sought to be propounded, and after
mentioning his intention of eossultlag a lawyer co the sub•
ject, remarked that if he saw matters Drug bed he s
wash his heads of it. Oa Wulf of. Inkwell, ift was
alleged he had bees is atteadance on the deceased for some
time, and in the early part of October, 1817, she supgested
to him that eke was eliminated with her existing will,
and dnkous of making another in his favour, and wished
him to be her executor. That he consented to such propo
sal, knowing a diminution of affection had taken place be-
tween the testatrix and her husband ; but, to prevent any
question arising se to the validity of an instrument made is
his iiktolll, he suggested the will should appear in her own
handwriting. Mrs. Dun accordingly wrote the will down
to the word " executes," which was then signed is the pre-1
since of Charlotte Blackwell. No residuary legatee was
named in this will, but it was asserted the Mecessed's Latera-
-1 don was to leave the residue of her property to Dr. Ash-
wall, she basin/ communicated gush iatentios to her ser-
vant, Charlotte Blackwell, and to Dr. Athwell himself. The
Manama& was then taken by Dr. Ashanti to a solicitor, in
older to see whether it was correctly drawn up, whereupon it
wu found thadi gnats to pass the reps due ; the Doctor
therefore gave insuunions for the requisite alteration to be
male, but the solicitor objected to do this without an inter-
view with Mrs. Loon, which being subsequently had, the
•estatriz, after a full explanation of the matter, added the
words " residuary legatee " herself. This will was executed
in the presence piths game witnesses who had attested the
previous one. It was further alleged, on behalf of the va-
lidity of the instruments, that the deemed having disco-
vend that her husband would take 4,0001. by her settle.

snout, independently of the disposition at bank block ia his
favour, executed the codicil to prevent such a result, it
being spinet her often expressed intention that he should
do so.

Dr. Addams, on behalf of the promoter of the will and
codicil, contended the pepen mast be pronounced for. Tne
views taken of the ease by the coon-el on one side
and on the other were extremely at variance. He
submitted the husband ought to he condemned in the costs,
while the opposite party, cantendieg there was no proof of
the validity of this will and codicil, galled upon Dr. Ashwell
to pay the costa. The husband of deceased certainly had •
right to oppose the will, more especially as he was the prin-
cipal legatee under the former will; but when he (Dr.
Addams) saw the atreciouscalumnies which had been propa-
gated by that pivot, when not content with charging Dr.
Ashwell with taking undue advantage of the dimmed in hie
capacity of medical min, he was also charged with tamper-
ing with her constitution, administering intoxicating potions
to her, not from want of skill but for the purpose of obtain-
ing them testamentary papers. When Dr. Ashwell was
even charged with violence and theft, and yet all these
charges were entirely unsupportable by proof, when not one
tittle of evidence war to be found from beginning
to end in support of this, sad there was not one
circumstance proved before the court affecting the character
of Dr. /Wheel' ; then he (Dr. Addams) must eayithe grossest
injustice would be done that gentlemen if there was not •
full condemnation of Dr. Local fa the cost• of the proceedieg.
He would not go deeply into the evidence by which the
papers were supported, as, he contended, they were proved
beyond all shad.sw of doubt, while there was no evidence
whatever to impeach the capacity of the deceased. The
learned advocate then referred to the history of the will and
codicil se set forth on behalf of Dr. Ashwell, which, he sub-
mitted, 'hew, d a natural diameitioe; the testatrix, having
no affection for her husband, and pmeessing no relatives
in whose favour it was at all probable she would make
• will, the only parties is whom she felt any
interest being her medical attendant and her servants,
the two Blackwell'. After using through the evidence ad-
dsteed by both parties, he submitted the preponderance of
credit was on the aide of Dr. Admen, and therefore called
upon the court to decide in favour of the papers in question.
Dr. Harding appeared on the same side.
Dr. Hayford, on behalf of the husband, opposed the ad-
mission of the papers to probate, and contended the com-
plexion of the ate was entirely against Dr. Ashwell, who
obtained these instruments from the wife without the know-
ledge of the husband, and kept their existence a secret until
after her decease. The validity of the papers was sought to
be maintained by the suspicious evidence of the Blackwell',
who were parties interested, and whose testimony being of
a contradictory nature, could not be relied on. The'
evidence on behalf of the husband, he submitted, proved
that the parties only mated to cohabit on account of the
wife's severe illness and phytical infirmity, Dr. Lomi being
always a careful and affectionate husband, while the depoei-
tient of the medical witness's' showed that Mrs. Lomeli had
experienced no other than treatment of • soothing kind up
o the time when Dr. /Atwell came to attend her in the
year 1847, and that the use of stimulants in the dismiss under
which the deceased laboured would always have a tendency
to affect the brain, and ought only to be resorted to
when the patient was sinking from loss of blood,
but even then merely in alight quantities; and
so largely as had been prescribed by Dr. Ashwell.
The learned advocate maintained it war through such mode
of treatment that lire. Lomi became of week mind, and thus,
under the influence of her medical adviser, executed the in-
struments before the Gout
Dr. R. Phillimore appeared on the same side.
Dr. Addams and Dr. Harding were beard in reply.
The learned judge postponed his decision.

COURT OF BANKRUPTCY.-YMTERDAY.
Boons bk. Comiramouria ROZiOTD.
OWIOIIOII TO BMW MORS.

... .... --..
Mr. Charles Burt, being summoned as a witaess in the
ease of a bankrupt, whose name did not transpire, upon its
being proposed to swear hint, exclaimed, " I don't hold
with it."
His Honour—Don't hold with it ! What do you hold
with ?

Witaem—Telling the troth without being sworn.
His Honour—Are ycu a Quaker, then ?
Witness—l was foeuerly connected with the Quakers.
His Honour—Then you can snake a solemn declaration.
Witnem—That is a thing I don't understand. I adnneed
a little money, and I have hail no advice upon the subject.
His Honour-1f you want a respectable eJlicitor you can
have time to procure one.
Mr. League (the solicitor to the list)—l understand that
a week ago he 'armed his intention of instructing his soli-
citor. Will you (speaking to the witness) nuke the declare-
tins as a Quaker ?
Witness-1 can tell the truth without that.
Mr. League—Oh, but that will not do In a court of
. ..

HY lloomar—You mast angora to the law the sane es
other people.
Mr. Leogwe—Now, what do you propose to do
Witaele—Well, take the oatk--that Is the best way.
The oath was then administered, sad the 'outlast
taken is private.

Jura 9.
Is u AIIiNiTT.—BUDDIN DWI( OF • BANKRUPT.
This was the certificate sseetiag in the osse of J. Arnett,
tobacconist, of St. Dunstan's-I+M It was stated that the
bankrupt was prevented attending by serious indisposition;
he had suffered an attack of apoplexy, and was not lixely to
mover, but was most anxious to have an assurance that his
certificate would be granted.
The winker to the assignees said he should withdraw all
ovslo• ; and Mr. Edwards, the official assignee, sail he
beved the failure was wholly attributable to the resat
alteration' in the tariff whereby his business as a emblea-
hones agent had been destroyed. Hie accounts were mashed
to a penny. He awed about 6001., and the assets were 1101.
H 4 Hamm said he could not grant the certificate without
the personal attendance of the bankrupt; but he would
divest a short adjournment, end, froaa what be had heard of
the ere, he had
esetifieate no doubt it was one is which he should grant
an hanaediate . _ _

It w.--7• aft;;;;;;lestaiAd it nut tint the bankrupt had
died shortly before the appliestion Ina nude.

INSOLVENT DEBTORS' COURT.—Jute 9.
Swami ma Cum Otiossmosza.
lit ZS Pant.-11 lintovira OW.
Ia this came a meaty must Judge had mated a landlord
assisraee. Time wee a lease ei she premises, sad the @a-
dvise had sleeted art is Wu the law ef handl, the
hadirtd. sad new wanted the soon to seas*. the saw
Kr. Deese rse she wart. It was a simpler ease.
In* goo hood low Pasty had &dined to amyl she
lase has the MAL
The Chid Oemeeiedemar thought It was lefahsaded jar
the, sad was aid Owed to peat tM upplhatioo. Rogow
peaholos to mow Ilto maw

THE EXPRESS, THURSDAY EVENING, JULY 11, 1850.