The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-12 00:00:00

MORAY V. WYATT.

In this case it we: objected that the allegations contained irrele-
vant matters, wholly immaterial to a right knowledge of the case.
It appeared that the deceased Mr. John Clapton, heretofore Ingram,
died on the 20th November 1824, possessed of personal property
estimated at 25,0001. and real property amounting to 2501. per an-
num. By the will propounded, which was dated on the 4.h Au-
gust 1821, with a codicil dated iSth August 1822. the deceased left
the bulk of his property to hie solicitor, Mr. Wyatt, with the ex-
ception of some trifling bequests, to the exclusion of his sister, and
only next of kin, Margaret Ingram. Probate of the will was ob-
taMed four days after the death of the testator, but its validity was
now objected to, and it was alleged that it had been obtained by
fraud. It was also alleged that the deceased was of doubtful capa-
city of mind, that he was a man of eccentric habits, that he was in
the habit of drinking to excess, and was in fact incapable of making
• valid will.

In reply to the objections, Dr.lxstirstcrow (with whom was Dr.
DoDsos) argued that in many instances it was found that the
more specific the allegations were, the shorter the evidence, and
that as to the expense incurred by voluminous allegation, the pro.
perty was large, and the person benefited by the will no relation to
the deceased.

Dr. JENNTER (with whom was Dr. PHIL LIMORE) diszlaimed
that there would be any difficulty found by their client in replying
to the allegations ; but In point of practice they objected to having
the case overburdened with irrelevant matter.

Sir JOHN NICH 0L L said the allegations were certainly of an
alarming length, and may, if admitted produce an immense mass
of evidence. However, if their admission was necessary for the
purposes of justice the Court was bound to admit them. He
thought the more extensive the case, the more necessary it was that
the material facts should be compressed into the smallest possible
compass. There was, he thought, in some instances a multiplica-
tion of words, which might have been well spared. Some minute
circumstances too were detailed, which it did not seem necessary
should be admitted. (The Learned Judge here referred to parti-
culu passages contained in the articles of the allegations, which he
suggested should be omitted.) We forbear from adverting more
particularly to those passages, or entering more minutely into the
facts of the case, as It involves charges of a very serious nature
against an individual moving in a respectable rank--charges, which
in the present stage of the proceeding it was impossible could be
answered; and, as the Learned Judge observed, dependent only on
the unsworn allegations of one of the parties.

SINGULAR AND DISTRESSING OCCURRENCE.

An inquest wee held on Saturday last, at Birmingham, on view
of the body of Henry Allison, a fine child about two years old, the
son of Mr. Allison, of Bedford-row, in that town, whose death pro-
creded from the following singular but awful occurrence t—On the
preceding Wednesday afternoon. between the hours of four and five
o'clock, Mr. Allison was sitting by the side of his parlour fire,
fondling his two children (the deceased and a little girl about five
years 'gage), who were seated one on each knee. and near to them
was placed a young lady, who was occupied with her needle. On a
sudden their attention was rivetted by what appeared to them a
great body of names rushing down the chimney and filling upon
the fire, which instantly burst out with frightful violence, the flames
filling the whole room. In a moment the poor children's clothes
were on fire, when the father, with wonderful presence of mind,
laid them upon the floor, and rolled them in the carpet, otherwise
they must certainly have been burnt to death. While he was thus
employed, an explosion was heard which shook the whole house,
and immediately a distinct mass or ball of fire was observed to shoot
front the grate, passing very near to them, and to strike against an
opposite window, the trames and glass of which were shattered, and
a portion of them carried a considerable distance up the yard. At'
ter the ball of fire had escaped by the window, the flames gradually
subsided, leaving the room, however. for a considerable time en.
veloped in smoke. The deceased child was discovered severely
burnt, though, in the surgeon's opinion, the wounds were not suf-
ficient to have caused Its death, which took place the following
morning, and which he attributed rather to the severe shock the
nervous system had sustained from the fright. The other poor
child was also severely burnt, and has since remained exceedingly
ill ; but, we arc happy to add, is now fast recovering. Mr. A.'s
hands were likewise much burned. The young lady fortunately
succeeded in making her escape by the door, without sustaining
any other Injury than what was occasioned by the severe fright
which she had undergone. On examining the premiers more par-
Ocularly, two doors opening into the parlour were discovered nearly
rent from the doer bases, and all the hinges and screws loosened ;
a chamber-door on the first story was rent similarly.
The Jury deliberated a very considerable time upon this sinenlar
catastrophe, but were unable to assign any cause except that it
1/11111 produced by some electric matter or fluid from lightning pese-
ta* down the chimney. What renders, however, the circumstance
more singular is, that the atmosphere was rather clear at the tame,
and certainly did not betoken any visitation of this dreadful nature.
It Is also remarkable that an hour or two after the accident 'a tame
.ydgeon w Mactivered quietly perched upon an iron crane, which
emends amass the chlumerr the pools bird, upon being removed,
was found to have been considerably scorched.-.Lichfield Mercury,

OLD IL4ILET SESSIONS, 54 -ATIIRDAY, Disc. 111

John Welds was Indicted for stealing two silver etuttllerikka
and a pair of snuffers. value 71. the property of Mrs. Mary Rebate, . •
a widow lady, residing at No. 4, Hussell.square. The plisses,
had gone down the area stairs under the pretence of selling •• .
lemons'. When he was going out, the footman, not thinking . -
that the sale of lemons alone tied occasioned his presence, etopPm , •
him, and on looking into his basket discovered the property be
question.
The prisoner. in his defence, said he did not knew that the Deo-
dlesticks were of any value.—(.silty. •
James Ryas anti Joh* karosey were placed at the bar on a ,
charge of assaulting and putting in fear Esther Jacobs, and tsgtwg _
from her 1701 the property of her husband, Joseph Jacobs. Aliktet
half-past nine o'clock on the night of the 20th of November,
prosecutrix sal passing the corner of Vinegar-yard. next Drug,-
lane Theatre, when she was pelted by a number of boys 4 who Ness
standing new her; among others, she maw the priskiner P
picking up mug. She put her hand into her pocket to take At
her handkerchief, when she discovered Cie hand of the el6at '
prisoner there. He withdrew it, and then she missed the money
mentioned in the indictment. Site porsued Kerney. and fortu- •
nately, obtain ng the uaistance of a Bow-stree• officer, he was taken
into custody.
The Jury found them both notify.
Samuel Sharpe was charged with stealing a Setter, containing a
number of bills of exchange, from the Post-office, while awed
there as a stamper and letter carrier. •
Mr. GURNEY and Mr. Bota.awn conducted the posessiier,
and Mr. Bnownrcx the defence.
The case was thin:--Some suspicion belay excited with tern*
to the prisoner's conduct, he was rather narrowly watched. HC
was observed, on the day mentioned in the indictment, while ww- • •
ployed in stamping letters, by Mr. Vandergucht, to put aside two
letters, which lie ought to have given to the sorter. When he had
left the room, he placed the letters in his pocket. Mr. Vander-
Kochi desired him to come into the inspector's room ; he was then
desired to empty his pockets; he produced eight letters from has
pocket, but among others was the letter in question. was un-
opened, as were all the others. Me. Williams, the person to
whom the letter was directed, proved the fact of his expecting
the letter; and on his cross-examination said, that the bills of
exchange were not negotiable by such a person as the prisoner at
the bar.

Mr. Justice GeSELEE asked the Learned Counsel what would
be the advantage of that question ?
Mr. 13110DRICE said the line of defence he intended to follow
wes, that the prisoner had taken those letters, not for the purpose
of applying them to his own use, but merely to obtain the: postage.
The question was thus rendered important.
Mr. Williams them stated that siuoo this letter had been sent to
him he had become a bankrupt. .
The Commission was then put in in support of the counts, which
charged the letter as the property of the assignees
Mr. BRODSKY submitted, that if the othcf stde proceeded on
those counts, it was necessary that the bankruptcy sbould be legal,
proved.
Mr. Justice GasELEE said, there was no legal- evidence of the
bankruptcy.
Mr. GunierY then said, they would proceed en those comsat
charging it as the property of Williams.
That gentleman was called, and he stated, that he had no control
over the property when the letter arrived.
Mr. Justice GASELEE said he did not think the statement of
the bankrupt divested the property.
The prisoner, in his defence, said he had taken the letters, in-
tending to deliver them and apply the postage to his own use.
The Learned JUDGE then summed up the evidebtt, and desired
the Jury to consider, first, whether the prisoner had secreted the
letter; and secondly, whether his object was to apply the bills to
his own use, or merely to obtain the postage? As to the first point,
there could be but little doubt. If he were guilty of so doing, is
point of law, it was his opinion the offence came within the mean.
ing of the 52d Geo. 111, c. 14, on which Statute the present in-
dictment was framed. However, if he were mistaken, the Learned
Counsel might hereafter take advantage of it.
The Jury having retire! !Cr about a quarter of an hour, re.
turned a verdict of Guiltyot rerreting the letter, bat for the per.
pose of appropriating the postage to his own ale.'
Mr. Justice LieeELEE directed that thejtidgrnent should bet
'milted for the present, in order to obtain the tqdges" opinion.
John Sounders was indicted for stealing Me:eh:sheep, the pro.
perty of a person named Dickson. The prosecutor la a person re-
siding at Islington, in the habit of receiving sheep to rest, antece.
dent 'o their being taken to market. On the night of the 17th of
November, thirteen 'keep were safely deposited in a close belong-
ing to the prosecutor by one of his servants. In aboutan hour
after, the same servant, going to the close, discovered that eleven of
the sheep had been removed. From information received, au
officer was desired to examine a stable in Sermon-lane, *here it
was supposed the sheep had been taken. The door was broken
open, and the eleven sheep. is .suestion fopgd, Soon after the
prisoner came up, and was about to enter, when he was taken into
custody. This stable, It was proved, wasteoted by the prisoner.
The prisoner in his defence said he had lent the stable to an ac-
quaintance, who, he presump.l„ must have placed the sheep there.
Mr. Justice CiAsELEE having recapitulated the evidence, re.
marked to the Jury, that if they were of opinion that the prisoner
had only received these sheep, they could not find him guilty on
the present indictment. But if they considered him as the real.
party who had taken them, or who had been a patty concerned in
taking them, they must find him guilty.
The Jury having consulted for some minutes, returned a verdict
of No! Guilty.
John Weathers was indicted for stealing from the person of
Richard Bryant a watch, three gold seals, &c., value 61.
The prosecutor was walking through Middle-row, Holborn,
when the prisoner rushed against him and took the watch from his
pocket. He gave an alarm, and the ptisoaer was apprehended at
a short distance from the spot where the robbery was committed,
and the watch was found lying by his side.
The prisoner cross-examined the witnesses with considerable
ability, and conducted himself towards the Court with the utmost
effrontery.
The Jury, without hesitation, found him Gail/y, and the Court
immediately sentenced him to be transported for life.
The trial lasted till eight o'clock.
NEW COURT.
[Before Mr. Sergeant ARABLY•I
Stanley De Conrcy Ireland, who was described in the indite.
went as late of the parish of slarylebone, labourer, otherwise Stan. •
ley De Courcy Jones, was indicted,,ferr having, on the 11th of
October, stolen six dozens of knives, of the value of 101.; six
dozens of forks, of the value of 101. ; one snuffer-stand, of the va-
lue of 205.: and one cork-screw, of the value of 10s., the property
of Joseph Daniell.
‘Vhen Ireland was placed at the bar, and the indictment about
to be read, he applied for a postponement of the trial, on the.
ground that had not had sufficient time to itiStrect Coyote! and
subpoena hit witnesses, as he was not aware until last night that
the bill of indictment had been found. He therefore requested the
trial might be put off till Monday.
Mr. ALLEY said that it was six weeks since the prisoner was
apprehended, during which he had had sufficient time to prepare •
his defence. He therefore opposed the application.
The CouRT having refuse) to postpone the trial,
Mr. ALLEY then stated the case. Notwithstanding the pro-
, Deny that the prisoner had obtained was very considerable, still he '
was now only indicted for a simple latreny, and the Court could
not inflict a heavier punishment upon him than seven years' trans.
.portation ; but it was in the power of the Court to pries upon the
prisoner what lighter punishment they though: proper to inflict.
Mr. Ireland, the prisoner, bad passed himself off as a person of
rank and fortune, and, by sotne means or other, he contrived to
take a large house, 91, Gloucester-plane, at a rent of 4001. a-year.
A man placed in such a situation, with a set of servants about him,
in livery, was looked upon, in the eyes of tradesmen, as a man of
'fortune, which he had represented himeelf or be, odd capable et
discharging debts which he might contract. The proseentor was
waited upon by a person, who said, " I have' taken Is house in
Gloucester-place: I expect my servants shortly tamales Its town.
and I want a peal quantity of goods." An order was theft giver.
for knives and forks, a part of which was setn'to the deihndaner •
house the same evening, and the prosecutor's wife (who took theta
home) wished to see the prisoner. She was, however., told by the
man in livery that he was not at home, and this answer she re-
ceived when she called on °the:occasions for the ;Welton of obtain-
ing the money. At length she did see him, when he made same
frivolous excuses—said he had not the money then in the bout:,
but would call on the morrow and pay the amount. The utonow
came, but no visit was made by the prisoner or any other penal.
to pay the money. Mrs. Depict', therefore, called again at li,
Gloucester-place, and what would the Jury think he aid ?
he said. " Ma'am, you must be mistaken ; I am not Mt. he- •
land ; I know nothing of the goods to which you allude, tit:ft'
knew who or what ou are.'• This was the language which t*
man had the impudence to use after he had promised to pay *
the goods. The poor woman was greatly terrified, not kr,oAiLir
what story she rhould take home to her husband. Another por
son was then sent to demand the money. tie saw Irelp4.•
and he refused to leave the house without money or goods. Irel
said he could not give him the goods, but he did net state whii
was the het, that the goods were not in he house he " ;),•
If you will wait here I'll bring you the money or the goo
The person did wait, but Ireland absconded. tie was not foil
until a considerable time after, when he was appro.— •
obscure lodging over the water, passing by the nuts
The officer asked him if his name was Ireland 4 No, s
name was Jones. The officer said his name wits Ireland,
he lived in Gloucester-place. The prisoner still said hit
Jones ; but when the officer searched the room be ftwter+
with the name of Ireland on them, and aunt d upl
prosecutor'. property These were the facts Inv had
the Jury, and it was for them to say whether Mit
guilty.
Mr. LAW, who it seems had been instructed for the
served, that every one well knew the clear sad fate ma j
his friend, ale. Alley, always stated a ease : but ra
that if he proved to the very letter of the !mem( m
it weald only *mom to a charge of obtaittitati
false pretences, but not felony. ,u.
• rj,
Mr. Sergeant Attest* said, that would deg: aia
versation which occurred whoa the geode to
th
the promise was made to pay foe them.
Mr. ALLEY then milled his witnesses. •'
Mr. Daniell, the cutler, of Oxfoeil-streee. Ate
and forks to 91, Oleticemer.place, at:tenth!. to
e,
cons!dered as genuine; and when they wet
given the; they gremlin hepxitl rOf Oicd,i' •
I rent, ne
entered as a debtor in his hookas •
J7e7. Nit;

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