The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-06 00:00:00

NISI IiRIVS COURT.

(BEFORE MR. JUSTICE WILLIAMS AND A SPECIAL JURY.)
ACTION ON A DISPUTED WILL.--BRIDGE AND OTIIERS V.
BALL AND OTEIERS.—This was an action disputing the
validity of the testator's will, on the ground of the inca-
pacity of the testator at the , thne the will yea; signed.
The sum in dispute amounted to £20,000. Mr. Davison,
assisted by Mr. Morgan Lloyd, appeared for the plain-
tiffs; Mr. Grove, Q.C., Mr. Welsby, and Mr. Evans fot'
defendants. The cause of action was the right of title to
property possessed by the defenants. Mr. Grove said
the defendants admit the plaintiffs title as heir at law, but
he undertook to set up a title by which the property was
devised to the defendant Mary Ball. The property in
dispute had been devised by William Ellison, a wine
merchant. at Nantwich, on the 31st of July, 1847
and he died on the 2nd of August following. The plaintiffs
a ere descendants of the testator's eldest son • and defen-
dants of his third son. Mr. Ellison had, however,
expressed his intention of leaving his property to his great
nephew, William Ellison Hyam, artd had Se expressed
himself 6tl several occasions to different gentlemen.
Shortly before his death he sent for his nephew—who was
also his godson—and he resided with deceased up to
the time of his death, In 1847 his constitution broke up,
and Dr. Brady, who attended upon him, saw his ease was
very serious, and he told the deceased if he had affairs to
settle he should do so at once. Accordingly upon the 30th
of July, 1847, he sent for Mr. Broadhurst, and gave him
instructions respecting his will. He mentioned he should
like to leave the bulk of his property to his great
nephew, William Ellison 'Tram. A public-house, called
the " Union," he wished to devise to Margaret, the sister
of William E. Hvam ; that public house was the property
in dispute, but, in fact, it involved entirely the validity of
the Will. After having received instructions Mr. Broad.
hurst went home, prepared the will, and returned, accom-
panied by his clerk, Mr. Pick, Dr. flrady, and they also
sent for a Mr. Hurlbutt, a neighbour, and a great friend of
the deceased. The will was read over by Mr. Pick, the
clerk, sentence by sentence, to the deceased; he understood
well what was read ; he approved of it after the clerk
had finished reading it. The will was then placed before
hint and a pen put into his hand ; he tried to sign it,
but such was his physical weakness, that he could not
write his name, but made his mark, and the Will was
then attested by Mr. Pick, Dr. Brady, and Hurlbutt,
the old friend of the testator. At this time, although
extremely weak, he was perfectly cognisant of all
that was taking place, and afterwards expressed his
satisfaction that his affairs were settled. This happened
on the Friday, he rallied a little on the Saturday, on the
Sunday grew worse again, and died on the Monday. The
defence which would be set up against the will, would be
that at the time ho executed the will he was not corn.
petent to do se, but when they had heard the evidence,
and had the will read, they would come to the conelu.
sion that it was perfectly reasonable in its terms.
Witnesses having been examined who stated that deceased
was able to comprehend atl that was taking place when
the will was made, Mr. Davison addressed the court on
behalf of plaintiff, and commented on the evidence which
had been brought forward. The question for the decision
of the jury was, whether the deceased was in a fit state of
mind when he signed the will. Several witnesses were
called to 'wove that the testator was in an unfit state of
mind to make disposition of his property for some days
before he died. Mr. Bevan replied on behalf of defendant,
contending that the evidence which had been brought
forward established, without contradiction, the fact of the
deceaseo's soundness of mind when the will was signed.
His Lordship then summed up, which occupied upwards
of an hour and a half, when the jury found a verdict for
the defendant.

THE MURDER OF TWO SISTERS NEAR

FOLKESTONE

ATTEMPTED SUICIDE of THE MURDERER

We yesterday published a short announcement of
the fearful tragedy enacted near Folkestone, on Sunday
last. The following additional particulars have since
reached us. It appears that the names of the two ill-
fated young women who were so brutally murdered are
Caroline and Maria Back, of the respective ages of 19
and 17, the daughters of a laundress, residing at buyer
The murderer is a private in the 4th company, 2nd
batallion, 2nd Regiment of the British Swiss Legion, an
Austrian by birth, named ,DAea Bcdanius. He had
been paying his addresses to the unfortunate deceased,
Caroline Back, and was at the mother's house on
Saturday evening, when something transpired as to its
being her intention of going to Woolwich, and a portrait
he hat given to her was returned to him, at which he
expressed some regret. He left the house shortly after-
wards, and called again as early as three o'clock on
Sunday morning, when the two young women accom•
panied him on the road towards Folkestone. They
appeared then in good humour with each other.
As they passed the Royal Oak public-house, it was
remarked that the deceased looked exceedingly clean
and tidy, and apparently dressed in their Sunday
attire. Nothing further was seen or heard of the party
until the lifeless bodies of the young women were
discovered on the grass, in the parish of Capel-de-Ferne,
by an employee of the South Eastern Railway Company,
named Curling. This man was walking along by the
edge of the sea, about seven o'clock on Sunday morn-
ing, when he observed what he supposed to be two
females lying asleep on the grass, beneath the spot on
which he was standing. He proceeded there chiefly out
of curiosity, and was horror struck on finding that the
first female he came up to had been murdered. The
bodies were about twelve paces apart. He immediately
ran for assistance, and by eight o'clock Superintendent
Steer, of the Kent constabulary, and other parties were
in attendance. Upon the bodies being examined by a
surgeon, it was found that each had received four stabs
about the breasts, and that three on each body were fatal.
The eldest had also received a cut right through the
hand, as if she had resisted the murderer's attack, and
her clothes were also disarranged. The bodies were
removed to the nearest public-house, and an
inquest opened before Mr. T. T. Delasause, coroner
for the district, and subsequently adjourned.
The police immediately commenced a vigorous
search after the murderer, and he was traced to
llardres, about five miles from Canterbury, where he
posted two letters, one addressed to the mother of the de-
ceased, and the other to the captain of his company.
They were both written in German. In the former the
wretched man alluded to the intention of the girl (Caro-
line) to go to Woolwich, at which he appeared much
hurt. He also expressed sorrow for what he had done.
The murderer was afterwards seen in the parish of
Chatham, about three miles from Canterbury, where ha
subsequently attempted to commit suicide. Observing
some labourers coming along the road towords him, near
the viaduct of the south Eastern railway, the murderer
took out his knife, and plunged it into his body three
times. The men ran up to him, and Mr. Bond, asur..
geon, was quickly in attendance. lie found him entirely
pulseless, but after administering a little stimulant he
rallied, and was removed to the Kent and Canterbury
hospital. Mr. Reed, another surgeon, then examined
the nature of the wounds, and found that the knife had
passed through the lungs, and that the unfortunate man
was in a very critical state; indeed, it is hardly expected
that he can live. It was about five o'clock in the after-
noonwas discovered ; he
when he had the two cloaks
belonging to the murdered girls, turned inside out,
and wrapped round him, with the view of hiding his
uniform.

...----------.
This balance, with X 3,051 78.
Balance se4l 374 12 01
11 id. from the reserved fund,
will enable the proprietors to declare a dividend at the rate
of four per cent per annum, which dividend the directors
recommend. The successful result of the appeal as to a
claim of upwards of £30,000 made upon the reserved fund
of this company by the Lancashire and Yorkshire Railway
Company, is announced. £9,755 45., the arrears of interest
on the land sold to the same company at Liverpool,
for the construction of the dock branch, and deducted.
from the revenue in the former accounts has been
added to the reserved fund. For the next few years
there will be an additional outlay for the renewal of
rtheseerpveedrmfaannd asenht
5130 fast half-year the
-1 that purpose.
e d
with
4t h2e,7
The total capital expended during the past half year is
£22,175 5s 3j, principally on the new locomotive work-
shopswbaeyen debited during
and
at Bury, doubling the line between Stubbing and
Rawtenstall, and for other purposes. Mr. Brumel has now
published his award as to the sum to be paid by this com-
pany towards the cost of the joint station at Preston, which
The Manchester and Salford Regatta, on the river he has fixed at £25,460.
, .ElO,OOO was deposited before the
Irwell, commenced on Monday afternoon. The prizes were publication of the award, leaving the balance due. The
the Irwell Stakes of 8 soya., the Ordsall prize of 10 sous., directors ask for power to issue an irredeemable annuity
the Victoria prize of 15 sous, and
large company, and the Ellesmere Cup, stock for the purpose of grade ally paying off the mortgage
value £25. There was an exceed
and I
debt of the company, The bail-yearly meeting will be held
some good racing. on the 13th instant.

FOR SALE, the fine new Barque FOX, 305
4*. tons (Lat., 265 torts regitrer. I.engtu 105 feet 2-10 tbs,
ito+„. e, breadth 24 feet 9-lutht, depth 14 feet. Built at Quebec
this year under the inspection of Lloyd's surveyor, for
a Sevtli }ears' chsilfication, is a handsome model, sails very fast,
and is well adapted for any trade, where light draft of water is an
object; lying in the Huskisson dock.—For inventories and further
OTI'M
•-

Mat-, ap

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, 5, York.buildings, Dale-street, Liverpool, and 15.), Leade
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FOR SALE, the well-known Teak built Ship
JAV A 1175 tons 0.m., about 1409 tons register per
I,>j4f,. late act. LenAth 174 feet, breadth 40 feet, depth 32
~,feet. Very substantially built at Calcutta, of teak, in

Classed

copper-fast
carries an i

H. In Cohnrg Dock.—For
;ply to CUNARD, BRETT

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particulars
for the Purchase

street,

TPOOI, and 15,

FOR SA
•sK tons 0.51..
.7: breadth, ZS
• John, N.B

rl AUST

hips, 5

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Length, 145