The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-10 00:00:00

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THE BRITISH PRESS.

oat him pain : believing, however, that this was only fictitious,
deponent took hold of the joint of the knee and of the great toe and
bent them, but the defendant did not evince any symptoms of pain
in consequence. The defendant told this deponent that his eyes
were much affected, and on depodent's asking him whether tha
light was hurtful to his eye', he retitled, Yes ; which the deponent
the:tithe was remarkable, inasmuch as no precaution was taken to
protect them from the lIIIH, DOW were the curtains of the bed or the
window drown. It was fee their Lordships to say how far these
things were probable. It certainly did appear somewhat odd, that
in order to cure a paid in 'the head a blister was applied to the
stomach, and that although the light was injurious to the defen-
dant's ee ' yek that no ;incaution was adopted to protect them
Rom it.
Mr. C said that the opposite part had, on a former
occasion, a Medical man to IMO dos defendant, and that Mr.
Cooke was then found to be very IR, mod was actually prescribed toe
by that genUNT° It was no use to peisedbe ftlernatd
Alr. TAor Mr. Cooke unless
he woejd give an waking mean die_pilinde. (A laugh.) 1
• Mr. Justice BAVr.ww asked "Weber Me ftss stated to be his
opinion, that the defendant could be butugbt up le this Court.
Mr. TAUNTON—No, my Lad; be leo Dot state that in his
affidavit:
The Loan Catty Jusricit—Let the ease stand over for a
week, and a medical person can see the defendant in the mean time,
and then his affidavit may be produced to the Court, to say whether
in his opinion the defendant can or can not be safely brought up to
receive the judgment of the Court-
COURT OF COMMON PLEAS, THURSDAY, JUNE 9.
BODY AND RSDAILL
This ease had been tried three time. An the first trial the
plaintiff had obtained a verdict, and in the second and third trials
the defendant obtained verdicts.
Mr. Sergeant VAutt.HAN now applied to the Court to allow the
plaintiff the costs of the first trial, lie supposed their Lordships
recollected the case.
The LORD Cults JUSTICE (lasgbing)—Oh, yes I. we all
recollect the cue too well.
Ale. Sergeant VAUGHAN then said. that the plaintiff and de.
fendant bad been playing at a son of rubber game—it wu game
and game, lost by a revoke. (Laughter.)
Mr. Sergeant PELL and 31r. eingtau WILDS both contended
that the defendant had no right to pay the posts of the first trial.
TheCoußT said that, as there was a discretion left to them,
they would consult with the Judges of the King's Bench upon the
practice in such eases, sad endeavour to assimilate the practice of
both Courts in future ky mule. They would give judgment m this
case on a future day. ,
-,....—....—..
PREROGATIVE COURT, Tunasheir, Juum 9.
(Beßlre Sir J. NI4HOLL, re)
IN THE GOODS OF. cATmcausit CHARLOTTE HUDSON, LATE
Qw merit, ifINSTEN.
Dr. ADAMS applied to the Court for probate sr certain testa-
mentary papers, which he propounded es the last will and testament
of the deceased. On the 13th of August, 1818, it appeared that
the paper marked A was drawn up by herself- in her own hand-
writing, and by which, after bequeathing several legacies, she ap-
points her brother, Mr. John Hudson, her executor. Having been
taken ill in the month of April last, she expensed a wish to love
an annuity to a Miss Smith, a lady wholtred as companion with
her, and for that purpose a life. Ballard, a napeemble attorney,
was sent for, who, on the Bth of April, received her Instructions to
prepare a will with such a provision to the amount of 3,000/. in fa-
vour of Miss Smith i he did so, but Miss Hudson having died in
that night, or early the following morning, It was not executed. i
The Learned Advocate read several affidavits in verification of hie
statement, and prayed that the Court would grant administration
'to the brother of the deceased. per original will, and that the se-
cond paper, propounded by him, should be received as a codicil
thereto. ~
, Sir J. Nicnott, after learning the moduli wu not oppe
directed probate to be granted as prayed fee.
MANGLES, OTHERWIaI SWAN. v. POTTAGE.
Sir J. NICUOLL delivered hi judgeneet In this case, involving
property to a considerable extent.
It appeared from the sevend pleas put in, that Mrs. Mary
Mangles, the deceased, who latel resided in Moorfields, died in
January, 1823, and previous to her death, being, as alleged, in
sound mind, and of full testamentary capacity, she made her will,
which site executed by making her mark, sad the reading of which
to her previous to the execution thereof was attested by two wit-
nesses. This will was propounded as bee Let will; also a cod:cit.,
subsequently made, which was not attested ; that the deceased fell
into a state of stupor, in which she continued until she died, which,
prevented the codicil being executed. In opposition to these seve-
ral pleas, there was one general one of incapacity tendered on be-
half of her brother and next akin, which was attempted to be prov.
ed, but which the Learned Judge, after commenting on the e.vi- '
dance adduced at considerable length; was of opinion only strength-
ened the case in favour of the c.:pacity .ef the deceased to bequeath
her property as she pleased i and though in doing so she passed
by in a great degree her own immediate tendons, in favour of
those of her late husband, from the circumstances in which she had
acquired that property, being principally from her son, who died in
1831, and hoe tiw fact that theedatrons of her will were con.
formable to a denomination expr greviously, to complete some
intentions el bee sews be (War J. N.) bound to pronounce, un.
Jim all tbe • Est the Wel* ..111, as executed by her.
And as **domed
dl
unstaimingiessetes to several other per.
iiiitaihiu
error., was of it residupry legatee, and who
must be ill Wades 610141.611 d, lie must consider that it
leimid aft assta== ap pelt ”r were not satisfied at
tie dui Inns die dip d*lssed to mettle it. Pro.
Iris ea ilblisim wortel 1* the_ eteetita, with limitation,. to the
moot st• as relpaiyeing MIK Which the deceased bed at her
own- disponi.

• . SUMMER CIRCUITS. •
Yeeterday morning the Twelve Judges assembled in lbu
Judges' apartment at Guildhall, Westminster, for the pur-
ple of arranging their respective Circuits, preparatory to
-the ensuing Summer Aeolus, which were chosen as an-
nexed, viz.—
' HOYE CIRCUIT-Lord Chief Justice Beat-and Mr. Baron
Graham.
ORFORD—Mr. Baron Osrrow and Mr. Justice Burrough.
WESTERN—Mr. Justice Park and Mr. Justice liolroyd.
MIDLAND—Mr. Justice Littledale and Mr. Justice Oazelee.
NoaroLz—Lord Chief Justice Abbott and the Lord Chief'
I Baron.
NORTHERN—Mr. Justice Bayley and Mr. Baron Bullock.