The Express.
London, England, 1857-07-16 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY l6, 1857.

Cato Innthrum

ROUSE OF LORDS.—JULY 13.
TRIL SHREWSBURY PIRRAOR.
The been est al a esnunittes for peivikgee ; Lied Rader
thle in thee . Thee vase my nneserous eassablage of
mq wkens ware the Lord Chmicellor, Lied Lyud-
boat, Lail Lord Bt. Leonard% Lord Worley-
deleArßeel d Re..
was $ Ado W the Right Hoe. Henry John Chat-
tered Marl Talk* m tiothellem of .
air F. Thongs!, Ilk F. LAG Mr. T. F. end Mr.
Plesthelorth WRY Mr. Rfird Nicholson, of P yard,
m aslidise, srl Ye aDyers, se pa:ham/Wry egg
=kw the sleiment ; Mr. Series* Bytes, Mr.
, Mr. Dantre, sad Mr. &Adak, appeared kV the
Dells of Norhilt, se ant bird to hie sosilord idomd
Home, devisee of the airs wsbury eam. =dee the will of
the late curl ; Mr. Fleslng_and Mr. Peke Berke apparel tar
Major Talbot, of Casa. Talbot, county Wank* Imbed,
and the Princess Doris Peraphili, of Rome, daoglientof John,
ekteenth earl.
BO F. T **ger havinig been called on to cost the ore
for the petitioner, Earl Talbot, mid that he ought to the fret
instance to advert to the cireumatthote dot there was par,
ties opposing the shrine, and it was • qeothea wltaAbr bid
• right to be heard, and it would perhaps be cenvenhist if
that point was settled Wore be opened the ere.
The Lord Chancellor said he apprehended that the coon%
in • cape like this, in which it happened that the claimant
was a member of thefr lordehips' home, wee, that if it apposes&
that any right of geseedenes of their lordships' home Ina
invaded, peewee opposing the claim were heard. la the cam
of the Karl of Crag lord, -who claimed the dukedom of Mont-
roe, which was a thine* title and one of older thee than the
meant dukedom,
_sad would give if presehmee over the
present Duke of Montreth that noble duke wee hard by his
counsel against the claim. But be did set think OM say
person who came to dispute a collateral right,
kilowerb one wild Involved
o question of the estates attacked to the Is the ewe
position. He should say that they ought to the patios
of Lord Talbot, and alter that was over, any ear poiltkeur
weld be in the hen& of the house, to be lord or tot, es

theallionght lit.
St. Leonards mid that Lord TOM west spa his
ore without reterence to any opposition, nad thee the cow
Wass would judge whether nay olpolant amid& ciperd.
Lard Brougham said in the Mooress ors glees was sa
mashies on the part of the crown.
-Mr. Serjeant Bylee said he appeani Sr eishasat who
clamed to be heard, the Lunclaboa Glebes chile Imo on
en sot of parliament, and who was la pr eemien el the
estates. There were munerons precedents be wok a comma
Mr. Fleming said he wee for Major Talbot, who did not
Atha the title, but petitioned against its &leg given to the
chlorine, and by every peocedent he was entithd to be heard.
The Lord Chanoellor —At present we will Inquire Into no
are bat that of Lord Talbot.
ers F. Thesiger then proceeded to say&ratty that he ap-
Talbo who claimed the al Uri
ryEsri, which had &arse& to him ai the dee& of
of
Bertram Arthur, the sevenemeth art, whodied without isms
irk in Awe& last. Lord Talbot chimed as rat hi male
of the late earl. The title, though aesemeatl accompenied
isirialthurt &MIL was yet one of
fewer diMeulties than ortS in trettbri erne
al=
deem& from a very distant period. • would, ►hared.
said, the hour that the chum of title was compista
that not a single link was waiting, sad he satielgeted that
the inquiry would not a copy so mush time as would be&
Men supposed from the note of prepared& which hod bets
so long winded. The dignity of earldom of Shrewsbury
commenced is the reign of Henry VI., in the 20th year
of whose reign (1442) Sir John Talbot, afterwards Ileri
Talbot, who was well known in Watery, but perhaps baler
known from the historical plays of our great dramatist, as
the distinguished leader of the English mules in Frame in
the time of Henry Vl.
Lord Brougham—Tire Naas author describe. Sir John
Oldcastle, the father of the Reformation, as • coward and a
thief. (Laughter.)
Sir F. Theinger would not peer that authority. Ile should
however prove dad Sir John Talbot was created Earl of
Shrewsbury by letters potent that he was suereeded by hie
eon, John, wecnd earl, and by John, his eon, the third earl,
when the pedigree broke into three distinct branchee. The first
breach deicendeal from John, the third earl, who had • brother,
Sir Gilbert of Grafton, second son of John, second earl. Sir
Gilbert Talbot "[ Grafton had a son Sir John Talbot, of All-
brighton, who was twice son,
and by his
first marriage, with Margaret Tr...ether*, he had issue,
bum whom the @mud branch was &eroded. The
earldom of Shrewsbury descended though various earls
until it reached Bertram Arthur, the late esti, who died
without issue. The third breech was derived from his wend
marriage, with Elisabeth Wrotteoley, through whom Earl
Talbot now claimed the title, which would be proved by
showing that the other branches wee extinguialled. With
mood to the drat branch there wee. menhir sureemices down
to Gilbert, seventh earl, who died without true male, &d em
succeeded by his brother Edward, eighth earl, who died
without tone male, end the. the tire branch became ex-
tinct Gene, ninth earl, who succeeded, and who was the
heir male of Sir Gilbert Talbot of Graften, being descended
from Sir John of Alibrighton, his son by his first marriage
with Margaret Troutbeck, could not have succeeded but for
W blurs of the first breach. In ISM, John, sitteenth Earl
of Shrewsbury, claimed to vote for the election of reeve-
smiled& poem for Ireland ae Earl of Waterford, which
hater title wee created at the same time and with the same

linertellense; eitikken of Ifbrowobory, and his
pedigree we. etheitted by the home without peed. It
was immeimary, therefere, to go bete poet of the
first b.serh, mel It would be asememy ra prove
that the mead breach wee exhausted. It wee derived
from Sir Gilbert Talbot of Graftem, second eon of John,
me end earl, and It woo provilable by, lequieitioa le mate ;
he was also • knight of the Gaiter, and his garter plate wee in
existence, on which FAA a ceeracent, the mark of a reefed eon,
and It was borne by all hie deseendants. Sir Gilbert Talbot
of Grafton had a eon Gilbert, who died without issue, and
Sir Johnof Allbrighton, before alluded to, became heir male to
Sir Gilbert of Grafton. He had one son by hie fleet wife, and
two eon. by his peeled wife. The gearwheel of hie eon by his
first wife became mach Earl of Shrewsbury, and died without
taus male en 1430, and wee auseeded by hat nephew, John,
the eldest sea ef bade-eased brother John. The tenth earl,
John,wes twice married, and of his three some, the wand wee
eleventh earl. The an of the third eon, by failure of the iesue
et Fosacie, alwantleerh became thirteenth earl, and through
them dineended the title to Bertram Arthur Bertnun, who
died without lame nude. Jobe, the tenth earl, by his earned
marriage had three sone, two of whom died without issue
male, mad the other had a eon, John of Loitered, who died
without hem male. Thus the issue of the lira ' of
Sir John of Allbrighton had become rennet. Then
came the third branch, which woo derived from the nand
marriage of Sr John of Allbrighton with Elizabeth
Wrottesley. By that marriage he hied two eons, of whom
the elder died early, while the line was continued by the
younger son, John of Sulwarp, who married Olive Sherring-
ton and whose son, Shernugton Tailed, left by his
mead marriage with Mary, d iughter of John Wiehbourne,
three MALL of whom the two elder died without leaving iseue,
and the line of darnel wee continued by the third eon,
William, euerecively Bishop of Oxford, Salieb, and
Durham. Ile was the hither of Chides Talbot, Lad Chan.
calor of England, who was rained to the Femme in 1733 as
I Lord Talbot, and whose eon, created Earl Talbot of In-
gale in 1784, was grandfather to the meant claimant.
About his pedigree there was no earetion. The hemmed
counsel then err-wailed to state the proof, he ehould Five
in support of hie case, which consiated Inaialy of Mealtime
oft the death of the diffreent niembers op to the time of the
death of Charlie It., after which they crowd, and if
heralds' vieitatiene up to the time of Junes 11.,
when they ceased. Ho should modem a curfew
book from the Heald.' College entitled " Benefators,"
which contained • Est of persons who imbscribed
to the rebuilding of the Harakiri College after the great fire
of Leaden, and in which pram eubeeribieg were allowed
to bring In thee pedigrees and repaid then ne authentic, and
iu that book Sherrington Talbot reevetled hie branch of the
house of Talbot, and it would be now found in the Book of
Benefactor*. In the Duke of Shrewsbury'. will, dated in
1712, he gave a lepsey to Edward Talbot, fecund sou of the
bebop, dee-tibia; him re his kinauss. in en act of parlia-
ment in 1719, for ratline the Shrewsbury atetesebere waa a
dietinet re oguition of the pedigree of the bishop, from whom
the claimant was descended. In 1817 another bill was in-
troduced, to settle the Shrewsbury eatata, and John, after-
wards sixteenth earl, adder...oda letter to the late Earl Talbot
on the 18th February. 1327, to which he spoke of the object
of the bill beteg to reduce the income attached to the title of
Shrembury (rem 4.1,09 W. to 5,0002 a year, end surprising
in the aura of time that " Earl Tahoe. Limey came to the
earldom of fiboarstiory ; " it also stated that if ho had no
aim male, hie brother would take advantage of the set of
parliament, and make the property hi. own ; and he asked
the atoleteace of Earl Talbot in ceder that the estates
might he so re-withal that at least 25.0001. • year
Mould go with the tide. Lord Talbot appeared to have replied
to that letter, which pr.deced another from John, sixteenth
earl, in which he aid. With reference to the auneession in
the immediate breach of our family, liquids thus George,
who is unlikely to marry; Jame., who is in very di hate
health; and Colonel George Talbot, of the Guard., who Ic
43 years of age, and unlikely to marry. You will see that
you ea heir after the Coley, of the eathnlic line. I never
bald of any other ci ran." The was a mat important ad-
million of the rights of the petitioner. The bill was intro-
ducted, bet net proceeded with. The learned camel elated
that this wee the ease which he should proceed to prove.
Bedews was about to be tendered in support of the
who
Mr. esoriet Byles said that if he did not now urge the
of ism ho reureeented he shnuld be shut out from
heetd, sad he argues! that he had n right to be heard
e, et Lord Edward Hewed, ineemueb an if the
ken leiZ that the claimant wen entitled, the estates went
with the
Mr. nig, fur the Friona Dori t Pamphill, who claimed
certain right. under the will of John, sixteenth earl, also
&hued to be baud.
Mr. P. Burke, for Major Talbnt, mid he clamed through
Mumpitry, a son of Sir John Talbot of Grafton, who settled
Ile Irani ; sad be deo filleted to be bear!.
A ilowelea ewes& to the course of which the lard
Chemellhr met several noble and learned beta complained
thee 6t peethe in teverion ought to have put in their claims
by Malt me in the ordinary way ; ane it Tao at length
sehopil their more .hoot be formelly lodged by this
illy week, sad in the meantime the eve to the petitioner
alleald ea, the opuering males, with the commit of the
amanaller the petitioner, being allowed to take part In the
unreadily in the sane manner as if their maw had been
duly lodged.

Mr. Be good, who suppated, naked for protection tin the
final order, when eomieh woidd be done for the creditors

hoPriet..a Commissioner yielded with in Intimation
that if something want not done for ltr.'Sberrardthere would
be no further protection.

IN IR lIILLLIIM WOODLIT.

The rules in thin, case, mentioned last week, were farther
heard. One role wee to empunp a proof of upwards of
14,0001. by Messrs. Boddisgton. The insolvent wee dis-
charged in 1841, and inherited oorudderableWest India estates
is sugar plantations at St. Christopher's, which
was described as " slaves, cattle, and other live property
stock."
The soused for the parties were Mr. Nichols (with
Mr. Cotton. of the Chancery bar), and Mr. Sleigh. Mr. Sat-
good Mr. Southgate, and Mr. Curry, were for other parties.
Mr. Dolma represented the assignee under the secced estate.
On the present occasion the voluminous affidavits in the
OW ware read.
At It six o'clock the further bearing was adjourned to
Monday.

IN RE JOHN 721.111 505111.—A COOS OF misvoterrns.
This insolvent, a clerk to a public company, was opposed
by Mr. Nicholson the part of the mosey lenders, lad sup-
ported by Mr. Down.
This ease disclosed some peculiar circumstances. The
insolvent's salary was 1201. • year. He was not married,
but he had to help to support his mother, and also a widowed
sister, who was bedridden, and her four children. He had
become liable for his brother, who wee • publican, and fur
mother person. His brother had property worth upwards of
10,0001., which was mortgaged, aid bad sold, and bad
not realised the money expected.
The insolvent's brother, who wee a bankrupt, was ea-
coined. As yet there was no dividend in consequence of the
depreciation of his property. The property was worth
10,9001., to pay 10,4.501. The property had ham greatly
deM7.allotee alladed to the painful circumstances of the
insolvent's tamily, and said all he could offer to set amide
was 101. a year. The salary was 1201., and there was the
income-tax to pay, which might "Le larger." (A laugh.)
Mr. Nichols thought the thsolvont could set aside 201. •
Mr. Mr. Commissioner Murphy observed that the case materi-
ally differed from thine In which persona had become liable
for others. There was a property to pay which became de-
precistsd. Looking at the funny the insolvent had to sup-
port, he did not see how he could make a proposal; but as he
bad offend 101. It would be set aside. Had no proposal been
made he would have been discharged.
The insolvent obtained his protection on making the pro-
posaL

BRISTOL COUNTY COURT.-.TuLy 15.

soorest T. THE ACCIDENTAL DEATH INSURANCE COMPANY.

An action, portaging considerable public interest and ire-
Ei r.„....7 was tried at this court before the jags, Sir J. E.
Wilmot, Bert, and a jury.
Mr. Stone, of the western ler, represented the company,
and Mr. Edlin, of the sumo circuit, appeared for the plaintiff.
Mr. J. C. Hooper, of the London Chop-house, Bristol, who
I. also proprietor of the Urban Island and fisheries in the
Bristol Channel, sued the Accidental Death Insurance Com-
pany for damages which he retained by an accident which
°caused to him on the 17th December last. A remarkable
feature of the ere was that the consequences of the accident
did not clearly develop themselves until after the 30th of the
NMI month, so that the declaration did not claim soy ema-
tr under the policy prior to the hut named date. In
irti:il
18.30, the plaintiff effected a policy in the company's
office for 30W., and there was en agreement in the policy
that in the came of non-fatal accident disabling him from pur-
suing hie badness, the round was to be allowed 31. per
week, with • further sum of 61. towards the medical ex-
pram. In Drunter Mr. Hooper undo a short sojourn at
Dunhill leland for the purpose of shooting and fishing, end
on the 17th ho was coming to Bristol, for the °fray-
ing a visit to his businems establishment. While mounting
the omnibus at Sborehampton, the horses moved, and he fell
wrote the splinter bar, striking his side whilst falling against
the step of the vehicle. Ho felt pain at the time, but thought
nothing wrier of the matter, and did nothing beyond
rubbing in some oils till the 30th, when he took to his bed,
and rolled in Mr. Lang, surgeon, who found him labouring
under a eevero attack of influensi. Ile raid nothing to his
surgeon relating to the accident till the third day of his at-
tendance, when he complained of a pain in his left gide,
and on being examined it was found that ho wa• sufleing
from severe pleuriey. For some days his life wee despaired
of, and he was unable to attend to his brine.a till the 23rd
of March. He claimed twelve, weeks' allowance for that
period, end also the 6/., making in all 421.
Mr. Lang and Mr. Fairberther were called, and, without
stating it positively, screamed their belief that the pleurisy
had been Paned by the Injury.
For the defence, it was contended that the trekked had
nothing to do with the pleuriey, which was caused by the
plaintif *. recklessness in expoeing himself to wet and cold
in the middle of December on the Dunhill Island ; and
that hie illness, Icing the result of his own earelernese, the
company was not liable.
Afters very long trial, and 'a patient ramming up by the
learned Judge, the jury returned a verdict for the plaintiff
—demagog, 411.