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London, England, 1825-07-20 00:00:00

br ea She*, to which he wee remanded ; and
even if there was any suspicion against Croather at anytime,
that was dissipated by notlung being found in Crowther's house.
' His witness had been accused of boldness, and he would say it
was the boldness of truth. Ile would always advocate a proper
degree of boldness ; for though he always bowed with eubmission
to those in authority, he was no worshipper of rank, arid if he found
a person of rank who had not dune as he ought, he would at once
tell him so. His witness was to be disbelieved because H Noble i
Lord had said that the plaintiff was discharged on a Monday and
not on a Tuesday; but he would not ask them to art upon his
itThttlell assertions as the tins one, or they ought rather to Jake
her to be tome correct than a Magistrate who was so negligent of his
dory as to burn the depositions of the witnesses, taken on oath be-
fore and he would say, that though the defendant Court
might have malevolently confined the plaintiff, he had been very
hardly used by being still further imprisoned, because there was
nothing whatever against him ; indeed this business was not equal.
led bjany case he had ever heard, except those which Caine before
the Judge of Ilell, Itadaniantbus, who first punished those who
were brought before him, and then inquired into the merits of their
tales; and he would say, that his client had been wantonly im-
priamied for five days, and fur that he was entitled to a fair com-
pensation.
Mr. Baron Gannon, said, that in giving damages In this CM
the Jury must not be led away by the effict produced by counsel,
and the fair question was, whether Court was acting in the fair dis-
charge of his duty, or whether he was actuated by malice. It ap-
peared that a person named Bennett had been apprehended, and
that he had given information on which search-warrants were
granted, and the house of Crowther watched. There they found
that Wright was taken into custody, and locked up in the cage.
(The Learned Baron detailed the circumstances of the case as they
had Linn stated by the witnesses.) It was said that a person ac-
cused ought to be carried forthwith before the Magistrate by the
constable, but on this occasion there was no great delay. There
was great alarm in Bedditch, and great exertions were making to
detect the thieves, and that delay was stated to have occurred for
the purpose of getting police officers from Birmingham. If they
thought Court was actuated by malice they ought to give considas
able damages, but if they thought he had acted fairly they ought to
jive& proper, moderate compensation for the injury done; nominal
damages
dict being
out
plaintiff
ain the guginagonionsas lny. view of tlt
ecase.

LAW INTELLIGENCE.

COURT OF CHANCERY, YxsTsznar.

ALLEN v. °WYNNE.
This cause came before the Court in the form of an appeal fliom
a decision of the Master of the Rolls. It appeared from the state-
ment of Counsel (Mr. hart), that John L. Allen had been pos-
sessed of considerable property; that having been an improvident
person, his affairs fell into disorder ; and that for a consideration,
real or supposed, he executed a deal to his son David Allen, con-
veying to him his property; that this son, who so, got into rosses-
sion of the property, was addicted to the use of spiritous liquors,
end from frequent intoticaticm became exceedingly imbecile In un-
derstanding, so as to be the dupe of every artful person who took
the trouble to gain his favour. That shortly after his having so
I obtained possession of his father's property, lie became particularly
intimate with a person named Gwynne, an attorney, residing in
the town of liaysrfordwest ; that this person spared no pains to in-
gratiatehimself with Allen, and associated with him frequently in
his dissolute courses, and at length went so far as to prevail on him
(Allen) to take apartments in the house, of which Gwynne occu-
pied the first floor for the transaction of his business ; that further,
Gwynne obtained such an influence over the mind of Allen, that
he prevailed upon him to make a will, devising all his property to
Gwynne, with only the deduction of small annuities to the mother
and sister of the testator, but that afterwards even those trifling be-
quests were revoked by a codicil. Thus (said Mr. Hart) the whole
family of the Aliens were disinherited in favour of the at-
torney. The testator having died, Gwynne entered into posses-
aion, and proceeded to strengthen his title by levying a fine. A
bill was filed against him by the relations of the deceased ; an an-
swer was put in, depositions were taken, and the cause came to be
heard before Sir Wins. Grant, who directed an issue to try the
question by ejectment. On that the fine was pleaded and allow-
ed ; and the appellants then came before the Court, prang for
relief from the operation of the fine, and fur the purpose of
showing that the will under which Gwynne professed to 'de-
rive ought not to be considered valid. The course of Mr. Hart's
statement was occasionally interrupted by the observations of the
Lord Chancellor, which in substance amounted to saying that
there was a distinction between a fine levied to sustain a fraudulent 'I
title, and one levied for the purpose of supporting a title which the
party had reasonable ground for supposing was a valid title. He
likewise said, that he would seriously consider and listen to much
discussion before he could on the one hand be induced to disturb a
fine regularly levied; or on the other, permit a tine to remain in
full force which appeared as nothing more than the perfection of a
course of fraud, of which there had been many other previous
assurances. After Mr. Hart concluded, depositions were read to
show the complete insanity of Allen. Proof was likewise tendered
of the inadequacy of the consideration for which Allen, the father,
had parted with his property.
When the reading of the evidence was over Mr. DEED followed
on the same side with Mr. HART ; after which the Court rose.