The National Register.
London, England, 1823-04-20 00:00:00

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Lair /ATE LLIG ENC. E.
• COURT OF KING'S BENCH.

WEDNESDAY. APRIL IQ.
Mr. Justice Holroyd sat this dsy to hear motions before the
arrival of the other Judges.
Soca after one o'clock, the Judge& earner into court and took
their seats with the formalities moll on the first day of Term.
ST. MARY, NEWINGTON.
The Solicitor General moved fora rule to chew cause Why ■
aramliterns should not issue direeted to the governors and
g .ardians of the poor *lSt. Mary, Newington, and commanding
them to call a vestry fur the purpose of nominating eight persons
ea officer* of the poor for the present year: also to elect twelve
guardians of the poor, who are to go out of office.
The Solicitor General stated that a vestry was hell at Easter,
for the election-of parish officerst but in eoasequenoe of dia.
put!' and opposition, no election took place. The time allowed
by the Act of Elizabeth for the said elections having expired,
the parish was left without officers unless the Court granted the
11411111624811. The Court granted a rule to chew cause.
DOE ON THE DESUSE OS POPPERTON AND OTHERS P. MARY
SIWPSON.

Mr. Brougham moved to set aside the verdict in this ease,
on the ground that it was against evidence. It was an action
of ejectment tried at the last assizes fur York before Mr. Justices
DJ) ley. Certain premises hod been demised by a lady named.
Mary llirdsaw to the defendant in fee. An ejectment wits
brought to try the validity of the deal;se. Evidence wail
eared to prove the insanity of tke testatrix. A surgeon who
lied never seen Miss Birdsitielemn 1811 to 1822, deposed WM
alto wan insane. The will under which she demised the property
was made in 1821. During the yens between 1811 and 1822,
Die witness had seen the testatrix, yet be swore from '
recollection that, the lady was insane.
•
Mr. balk:: Bayley.—" It stroqk man the trial that it was a
which might have been deer ed by arraugement between
OP port ie a."
The Court granted a rule to chew cause. '
TIIIIRAIIAR, APRIL 17. •
This ease arose from an application made by Mr. Brougham
in a former term a;ainst 21r.Crer, a solicitor in external,*
p actice, and one of the officers of the Court of Chancery, oe
Imhoff of a gentleman aimed Sandys and Lis son. The affidavit
of Mr. Sandys stated, that his son, when 10 yEare of age was,
received into Mr. Csrr's aim-, on the terms that lie should
serve for a year, and at the end of that time be articled for five
years without a premium. At the expiration of It months,
hlr. Carr proiesoed his readiness to fulfil his part of the engage-
ment ; Mr. Sandys supplied money for the payment of the
stamp duties. and articles were prepared, sod commuted in the
office of Mr. Carr.. The applicants farther deposed, that eon-
&din in the bower and integrity of Mr. Carr, and regarding
him as their professional adviser on this ormasios, they did sot
read over or inspect the asticies which they execrated; but
they believed the engagement to be to Mr. Carr himself. To
their astonishment they afterwards found that the articles were
executed to a Mr. Cole, foe whom the young man performedno
&perk* of service. He had served three years in Mr. Carr's
office, and as the statute requires, before the admission of •
party claiming to be allowed to practice as an attorney, that
he should metre affidavit of five years' erowsfide service to the
4,•ssier wham he is hound to.oerve, these three years of attend-
were entirely is vain. The Court then, on the statement
of Counsel, granted • rule, calling on Mr. Carr to show cause
why lie should sot repay the money expended fur stamps by
?Cr. Sandpit, and to answer the mailers alleged against
Mr. Scarlett now showed cause on behalf of Mr. Carr. Ho
said that Mr. Carr was mnat willing to make a fair and liberal
recompense for the unfortunate result to the young man, although
there was nothing in the whole transaction which could threw a.
'staid on his honour. He would article the young man to him-
self without expence. and pay hiss a eatery, or take any other
worse which might be thought most conducive to his interviste:
Mr. Brougham expressed a wish that the bona fide service
in Mr. Carr's office could be taken as a portion of the time
which Mr. Sandy's, jun. most
The Court intimated that they bad no power of this Usti, as
the set imperative:.; required an affidavit of actual service
under the articles to the proper master.
It was finally agreed that the whole matter between the
parties should be referred to Mr. P.rk.
The Lord Chief Justice.—Now that this role is disposed,of
(think it right to say, that if, after this case has been thus
before us, an attorney shah article a clerk to another, with the
intention that the service shalt be performed with himself, he
will be deemed guilty of great dereliction of duty, and will in-
our the serious diepleasure of the Court.

PREROGATIVE COURT. •
BLAKCSON Conatnumast.—Thit wasa 1:141311i011
a, to the admissibility of three codicils as part o: the will
of the lair John IZUblry. k....5q a West India merchant,
whose property was estimated at 200,0001, who died in
1821, at title I • his estates in NI tild!esez. It appeared
that Ur. Itoidey made the three codicils in commit an-
It Celltlll to the year 1814, awl in them he made provi-
sions, independently of the provisious for his bona fide
family, for several natural children, lor the several mo-
thers with whom he then cohabited, liter as many other
infants not recognized by the law, as he might It readier
have, and appiiiiitoo,., Citiiiiingliant the trustte and
guardiaii to Mimi. the 1.13 t codicil which he made to
his will, he sihl, " I hereby confirm, as para 01 my will,
the two codicils of Use dates of ISIV and 1823, without
mentionili„ the three codicils its question, which were
antecedent to those codicils. It was there ~re contended,
from his specifying so particularly the latter oteiitioned
codicils, that he only mentioned them us part of his
will, and that the three to question, fron► not havina
Isar, IsleillllllJell, were by implication revoked.
Sir J. Nicholl, in his sentence, said, it appeared that
the three ctulictls m question had been regularly ex cuted
and attesivd. Now, h.-fore siteh 111!.1 11111 l euts as these

con4l be resoked by .1 C tof Law, when they had nut
been expressly revoked by the testator, the animus
rstlro-
eendl, or intention to revoke most be clearly Willie out.
—Ol the intention of the testalor there appeared no evi-
dence to prove that he meant to deprive his natural
children 01 the provision he made for them, and the do-
cuments mull therefore be contodered arid remain valid.
The decision establishes' the right or his numerons
West India wives and children to very large annuities,
and of his slaves to a prest nt of 100 hogsheads of
toLhaccrt.
PALACE COURT, FRIDAY, Arm 13.

HUGHES V. J. W. TAXILINC, eat.

Mr. Mangles stated, th.s was au action to recover the
sum offs!. 4s. iOJ. fur refreshments furnished by order


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e the -defendant to the burgesses of Berwick, at the
White Bear public house. The learned counsel then
shoitly *tab.! the Lomas afterwards detailed in evidence.
George poilti.-1 know Mr. Parkins-1 became ac-
quainted with 1 on the loth-1 was at Mr. Hughes's
house. Mr. Parkins was there and several of his irtends.
There were refreshments on the occasion. My brother
borgvs -s did me the honour of electing tine chairman.
The refreshmetits were supplied by Mr. Parkins's order.
Subsequently 1 said to Mr. Parkiiisp_" will you do me
the lio.tout to take some wine ?"r--He said " No, as it
was g nerally ba lat such houses."-1 teplievl " k was
remarkably lie then sattl, " Never min.! that
—these people lutist hare some refrtalisuent."—The
room was nearly full of burgesses. He also said to tut,
" C. II the landlord to give the-company whatever they
recsire." 1 immediately called the landlord to-me, and
said to litat, it is Mr. Parkins's pleasure that you give
the company refreshment. Mr. Parkuiss was on my lett
at the time ; the landlord in reply said, " Sir, L thank
you." The landlord then covered the table wait refresh.
meads; Mr. Parkins participated; he remained with
me and toe borgesses till hall-past one. !think it com-
menced at half-past ten at night-1 left many burgesses-
behind me—clormg the tone we hail a private con% dia.
king was ordered—loose Mr. Parkins the next
day, and wrote tin a hit of paper, " 1)u you wish the
burge•ses to be entertam..ll as they were last night r—
ilivaliswrr was, " I mink nut generally so, but use
you discretion."-1 went in consequence forthwith to
toe landlord, and repeated what Mr. Parkins had said,
and also corn 1111 l nieeted it to the committee. There
were more refreshments ordered. We had several meet-
togs afterwards. The average number 01.1)0110119 present
on these occasions was ten or bitten.
Other witnesses were examined.
Mr. Scott, an attorney, who accompanied the defen-
dant stated, that he attempted to quit the house miens a
treutlrwan named Holmes having proitosed Sir George
Alderson. Dun% recollect has having promised to pay
anything.
Mr. Holmes was esamitied, but- he merely stated that
lie attended for the purpose of proposingStr George.—
Don't know whether Sir George attended pefeunaliy.
Mr. l'hessieer, for the defendaht, adtltessed the court
and jory He said, this was a combination against the
detentlant by the burgesses, who endeavoured to make a
dill e of him in older to set op opflositiont against the in-
, terest of the Marquis of Waterford, and Sir Junta Beres-
ford, by which, 111C4111 their votes would become doubly
valuable, and of course their interest was to make the
most ul them, anti he trusted the jury would skew their
good sense by their funding a verthettor him.
. The Coition-an su 11111 l ed up, did the Jury found a
verdict fur the plaintiff —Datitageili 151. Vs, dd.
OLD DAILEY SE,SSIONS.

WRDNESDAY, APRIL 16.—William Trapp. a respect-
able 'nuking young wins. was capitally ',libeled for
having co tttttt itted an assault upotl Charlotte Rooks. and
inflicting divers wouinis, with intent to warder or to du
her some grievous bodily harm..
1 he prosecutris was housekeeper to Mr. Horne, the
vestry clerk of Poplar, where time assault was.cwumiut•d,
and the wounds inflicted with a hatchet. which instru-
ment he was seen to throw away, he being.apprehenderl
on the brit.
The prosecutrix Rooks).-gave evidence to the
facts.

Daniel Talbot, a letter carrier, passed the holm of
Mr. Horne, on the day in question, on a stage, and saw
a number Of people collected before the d,or, and heard
the cry of " Murder!" lie alighted and burst open the
door, and found the prosecutrix with blood 'streaming
from her head. the prisoner grasping her 111 the passage,
as if endeavouring to
_prevent her making egret.. Wit-
itess said to him, " You rascal. what are ybu about i"—
The telly was, that she (pro/returns) heel ill-treated
him. Several 'wrest's. came to witness's assistance, and
emitted the prisoner, and delivered hint over to au
ollict.r.

Several witnesses confirmed the statement as to the
'apprehension of the prisoner.
Mr. G. Bailey, a surgeon, described the nature of the
wounds, one of whien had divided an artery ou the tent.
pie, end occasioned a great flow of blood.
The prisoner made no defence. ,
John Trapp, a gentleman of respectable appearance,
the father ut the prisonerolesenlieJ him ass person who
had received a liberal education; hail been usher to a
school, and was remarkable for seclusion, being colon.
totally wrapped in study. About two years ago lie
Tinted his scholastic employ, in consequence of the
rupture ut a blood vessel, since which he had been learn-
ing the business of a lady's.shoetitaker. and his Winner'
had heel' velymuch altered, and evinced temporary de.
rangenient by his actions, which he described. He said
lie was trove his inlancy of a ping)" placid, and humane
disposition.
Mary Trapp, sister to the prisoner, deposed to various
instances of wild and WWIe conduct on his part.
The Recorder su iiiiii eil up with strict impartiality, and
the Jury, after an absence of nearly an hour, returned a
verdict of Guilty-13ealli.
Mr. Alley said, that he was desired on the part of the
prosecuting. to state, that she must sincerely iorgave him
for the iiijunes lie had inducted upon her, and begged
most earnestly to. recommeird hint to mercy. this
recommendatton the Jury joined, adding, as the ground
opus. which they gave it, the precious good criaracter
borne by the prisoner.
Ttie 11ecorder—Tne recommendation mails by the
prosectinix is reacily what 1 should have expectcd Join
a person who gave hei evidence to the mild and bisrmane
manner in which she dirt. The Peel 1111 l nendation. with
yours, gentlemen of the jury, shall be forwarded to his
M.ijesty with all the force which 1. can give to it ; but
it is my duty to observe, that a snore aggravated case has
not collie before the Court for a very lung lime, and 1
would most earnestly recommend the prisoner to make
the best use of his time. it behoves him, as be valises