The Sun.
London, England, 1852-03-10 00:00:00

E VEXING,

MARCH 10,

LAW INTELLIGENCE.
7,YOUSr nF Lt,,,RDN, ''arch.

(itiOtOro the LORD CHANCELLOR, BROUGHAM, Lord
REDESDALE, and Lord BROUGHTON.)

DE BEA.I.TVOIR V. DE BEAUVOIR-CONSTRUCTION or

WILL-JUDGMENT.

In this case, Mr. Hour having concluded his reply,
The LORD CHANCELLOR was understood to say that
the House entertained no doubt as to the construction of
the will, and that the judgment of the Court below
ought to be affirmed; but his Lordship spoke so low that
only a few unconnected sentences reached us.
Lord BROIIGHAM said he agreed with his Noble and
Learned Friend that no doubt could be entertained with
respect to the reasonable construction of this will. If
their Lordships had entertained any serious doubt they
should in all probability have taken time to consider the
question, and have reverted to the practice which had
been followed for the last twenty years of giving judg-
ment in writing. As there was no reasonable doubt
the proper course would be for the House at onee
to proceed to affirm the judgment of the Court below.
The only doubt he entertained was on the second
part of the case, with regard of the conversion. The
part in which he differed most from the judgment in the
Court below was as to the use of the word " premises"
in the will. Now, what was the meaning of the word,
where some of the property was leasehold, some copy-
hold, and some personal? It was impossible that it
could be used with respect to anything but the real
estate. The words wero "I do hereby give and devise,
after my just debts and funeral expenses and legacies are
paid (which I order to be paid out of my personal estate)
all my estates in the funds of England, and all my said
manors or reputed manors, messuages, lands, tenements,
tithes, rents, hereditament, and premises, both freehold,
leasehold, and copyhold, and what other kind and nature
soever." It was quite clear that the testator paused at the
end of the description of the personal property, " all
my estates in the funds of England," where he used the
words " and all my said manors," &c. His Lordship
then contrasted this with the subsequent us© of the
word," Provided always, and it shall and may be lawful,
to and for the several persons, when and as they shall
respectively become tenants in possession of the said
manors, messuages, lands, tenements, tithes, rents, he-
reditaments, and premises, to them respectively limited
as aforesaid," &c. It was therefore evident what was
meant by the word, and on that ground he doubted the
correctness of the judgment below. But, quite inde-
pendent of that question, it was quite clear that, on
the main question at issue, no doubt could be enter-
tained by this House, and that the decision should be
affirmed.

The order below was therefore affirmed; but, as we
understood the Lord Chancellor, in putting the question,
without costs.

ASSIZE INTELLIGENCE.
HOME ClRCUlT,—Maidstone, March 9.
The commission for the county of Kent was opened on
Monday.
The gaol calendar, in consequence of no intermediate
quarter session being held in the county is heavy, there
being 128 prisoners for trial. Most of the cases, how-
ever, are of an ordinary description. On the Civil Side
30 causes are entered, but several of them are cross in-
dictments, in which Lord Ranelagh and the officers of the
South-Eastern Railway Company and some of the
officers of the metropolitan police are parties, arising
out of a disturbance that took place at the Greenwich
Railway terminus some time back. Bills for assault and
perjury were subsequently found at the Central Criminal
Court, and the cases are now sent down here for trial.
CROWN COURT.—(Before Mr. Justice COLERIDGE.)
Jambs Austen,' 42, shoemaker, and Robert Lambert,
23, landlord of the Chequers public-house at Biddenden,
were indicted for a misdemeanour in having unlawfully
uttered counterfeit coin.

Mr. Deedes and Mr. Dawson conducted the prosecu-
tion; Mr. 131111antine and Mr. Rebton defended Lambert;
and Mr. Charnock was counsel for the other defendant.

The jury found the defendants Guilty, but recom-
mended Lambert to mercy, upon the ground that they
believed he had been partly led into the commission of
tho offence by the other prisoner.
Mr. Justice COLERIDGE sentenced Austen to be kept
to hard labour for to elve, and Lambert for nine months.

KORFOLK ClRCUlT—Huntingdon, March 0.
Lord Campbell opened the commission for this county
yesterday afternoon.
We regret to say that Mr. Justice Crompton has
been obliged to return to town in consequence of indis-
position. His Lordship, on joining the circuit at
Aylesbury, appeared to be suffering greatly; and as his
illness did not abate, but rather increased in intensity at
Bedford, the Learned Judge was advised to abstain for
the present from his public duties. It is not expected
that his Lordship will be able to rejoin the circuit before
Norwich. In the meantime, as far as the business for
this county is concerned—where, though there is a
heavy calendar, there are but two civil causes—Mr.
Prendergast and Mr. O'Malley will, if necessary, lend
their valuable assistance to the Chief Justice.

CROWN COURT.—(Before Lord CAMPBELL.)
Edward Spencer, 36, was charged with burglariously
entering the house of Sarah Moyres, of Holme, on the
18th of May last. It appeared that the prosecutrix and
her servant on that day went of town, leaving the house
in charge of a neighbour, who, however, did not sleep
upon the premises. About two o'clock, as a man was
going fishing, he saw the prisoner lease Mrs. Moyres'
house and dart into a neighbouring spiney. An alarm
was given, and the house was found to have been tho-
roughly ransacked. A cash-box and various articles of
furniture wore found to have been stolen; but as Mrs.
Moyres had taken the precaution to empty her cash-box
before she left, the prisoner in disgust threw his ill-
gotten booty away, and escaped justice until December
last, when he was taken into custody.
Guilty—Ten years' transportation.
Mr. Worlledge for the prosecution; Mr. Metcalfe for
the defence.
A RESPECTABLE WITNESS.-- William Laxton, 39, was
a sheep, the property of William
charged with stealing
Knighton, of Stilton.
Mr. Burcham for the prosecution; Mr. Power for the
defence.
John Hall proved that ono day, about two years ago,
he and the prisoner stole a sheep from a field at Yaxley.
They killed it, cut it up, and carried off the legs and
shoulders, which they divided.
Cross-examined by Mr. POWER_I am a prisoner, on
charge of burglary. lam a witness in several other
cases against prisoners. lam charged in Mr. Fairley's
burglary, also with a fire. I was taken at Nottingham
on Mr. Fairley's affair, and when I had been in prison
about a month, I confessed to many things, thinking it
better to empty my mind to make room for something
better.
Mr. POWER—How:many crimes have you acknowledged
to? Witness-,-Am I obliged to answer?
JUDGE—Oh, make a clean breast of it.
Witness—l have told you of two or three cases.
Mr. PowER—I want to hear of some more. Witness
—Well, four more.

Mr. POWER—What were they? Witness—Two bur-
glaries and two highway robberies.
Mr. POWER—When were they committed? Witness
—ln 1851 and 1852.
Mr. POWER—How many more burglaries do you ac-
knowledge to? Witness—l shan't tell you.
JUDGE—Don't press it, Mr. Power.
Mr. POWER—Are you married? Witness—No; I
live with a married woman, who left her husband and
came tome.

Mr. POWER—He was dying? Witness—He was
very ill.

The JUDGE—Gentlemen of the jury, there is no cor-
roboration in this witness's evidence. Ile is evidently
one of the basest of mankind.

Verdict—Not Guilty.

OXFORD ClRCUl7.—Worceoter, March 8.
CROWN COURT.—(Before Mr. Justice WIGLITMAN.)
John Shephard, 21, Francis Compton, 20, labourers,
and Rueben Brant, 18, and George Groves, 17, boatmen,
were indicted for a rape, under circumstances of no
common atrocity, on Mary Ann Harris Williams, on the
night of the 29th of November last, at the parish of St.
Andrew, a little distance outside the town of Pershore.
Mr. belie appeared for the prosecution, and Mr.
Huddleston for the defence.
The jury found Shepherd Guilty as principal, and
Compton as accessory in assisting him; and acquitted
the other two; an exercise of discrimination with which
his Lordship declared himself satisfied.
Shepherd and Compton were sentenced to 18 years'
transportation.
There was another indictment against the four pri-
soners for the assault on Cooke, but
SELFE said that as he thought justice had been
satisfied by the verdict just pronounced, and t
ho
would
Compton chiefly who beat and kicked Cooke,
offer no evidence, and thereupon Brant and Groves were
acquitted and discharged.
The Crown business for tho county
There
wasbo
tire
a
close soon after seveno
about 12 cases for trial o'clock this
evening.
brought
tit is
evenjulago.ped will
be brought to a close before to-Iny o, rwrow

-----
MIDLAND CIRCUIT.—Nottingham, March 8.
CROWN COURT.—(Before Lord Claret Justice
, . Jsavxs.)
George Bourshill, aged 34, Samuel Simms, 38, George
Dunlop, 31, and John Moaks, 21, were
indicted for the
‘vilttit murder of William Roberts.
George Robinson and James Alvey had been included
and Mearn.tWm.ilille.rAdedfaemndseedonstettneds
in the .charge, but as to them the bill was ignored.
Mr. Wilmer°, q.C.?
the pros( ,
,eurion• Mr. Sorg
and Moaks, And Mr. O'Brien the other prisoners.
This case arose out of a frightful affray, which took
place on the night of the 13th of October last, between
the gamekeepers of Lord Scarborough and a large
party of poachers, in the course of which Roberts (one
of the keepers) was 90 severely
17th of October, ho died. injured that, on the
The Learned JUDGE, in summing up, intima'ed to
the jury that in his opinion the evidence would hardly
warrant them in finding the prisoners guilty of murder;y
but ho left to them and
the question of identity, also
desired them to consider whether the prisoners, having
originally gone out for the purpose of taking game, had ii
aliandoned that intentionh before the acts of violence
were committed whit. caused the death of Roberts,
with a view to
theirthquesti. whether the prisoners could
ar, alt justify conduct on the ground of self- i
defence. '

The jury having retired and remained in deliberation
a considerable time, found all the prisoners Guilty of
manslaughter.
Judgment was respited in order that the opinion of
the Judges might be taken upon a point of law raised
during the trial.
The prisoners were also arraigned upon an indictment
Charging them with the misdemeanour of night poach-
ing; and having Pleaded Guilty, were sentenced to trans-
portation for fourteen years.

(Before Mr. Justice 'WAVLE.)
I,;nu Lae nid4;sl.autil,v.
'.Nylcr, the kLeker of a passenger truin on the saran
railway.

Mr. Partridge appeared for the prosecution; Mr.
Sharer defended the prisoner.
It appeared that on the 10th Sept. last the prisoner
started from the Nottingham station at half-past six in
the morning with a goods train for Mansfield, stopping
at a short distance from the Lenten points to take up
some empty carriages. He was delayed there much
longer than usual, partly in consequence of the absence
of a fellow-servant, whose duty it was to assist him in
taking up the carriages. Before he started with his
train, the passenger train became due, and a pointsman
on the line warned the prisoner of that fact, and told
him to go back on the line and signal it to stop; or to
place the fog signals on the rails at a sufficient distance
to give the passenger train notice of the obstruction.
The prisoner omitted to do this, and a collision took
place, which caused the death of John Taylor, who was
stoker of the pass, nger train. It was urged in the pri-
soner's defence that he should not be held accountable
for a mere error of judgment, and that unless he was
guilty of gross negligence he was entitled to an ac-
quittal.
The jury, after some deliberation, found the prisoner
Guilty, and he was sentenced to four months' imprison-
ment with hard labour.
Mr. Macaulay, Q.C., was engaged during the day in
trying the town prisoners.

MIDDLESEX SESSIONS, March 9.
(Before Mr. Sergeant ADAMS, Assistant Judge, and a

Bench of Magistrates.)
Maria William,, 19, was charged with stealing a
purse, four Bank of England notes, for the payment and
of the value of 101. each, and the sum of 5/. in gold
monies, the property and monies of Frederick Charles
Dusantoy.
Mr. Sleigh defended the prisoner.
The prosecutor is a purser in the royal navy, and had
come up from Portsmouth to see London. On the night
of the 29th of February he met the prisoner and ano-
ther woman in the Strand, and accompanied them to a
house near Wellington-street, where he stayed for the
night. On getting up in the morning the money named
in the indictment had been taken from his coat pocket.
On the following morning he gave both women into
custody, but did not appear against them. On this day
the prisoner handed to her landlord a 101. note, request-
ing him to take 31. for rent due to him, and give her the
change. On the evening his wife produced three 101
notes, which she said she had received from the prisoner,
and asked him to go to the Bank of England and get
change for them. On his arrival there the notes were
detained, and from information obtained from him the
prisoner was given into custody for stealing the notes.
It was proved that the four notes produced, being con-
secutive numbers, were paid by Messrs. Ornmanney and
Co., of Charing-cross, to the prosecutor.
After some sharp remarks between Mr. Sleigh and
the Learned Judge,
The jury found the prisoner Guilty, and she was sen-
tenced to hard labour for six months.

SECOND COURT.
(Before Mr. WITHAM, Deputy-Assistant Judge.)
Catherine Eleanor Sloman, 18, was indicted for stealing
the sum of 1/. 17s. 6d., and a handkerchief, the property
and monies of Elizabeth Amelia Bellmore, from her
person.
The jury found her Guilty, and she was sentenced
to imprisonment, with herd labour, fur six calendar
months.
Jane Holland, 30, was indicted for having stolen
twenty-six dishes, the property of Abraham Davis, an
earthenware dealer, of Tottenham-court-road.
The case was very clearly proved, and the prisoner
was found Guilty. Being an old effendi r,
The DEPUTY-ASSISTANT JUDGE sentenced the pri-
soner to be kept to hard labour for twelve calendar
months, and added," If you come here again, most likely
you will bo transported."
The prisoner—Transport me! Oh, I dare say you'l
do great things. Transport me, indeed!
She was then removed to the cell.

POLICE IN TELLIGEN CE.
MANSION HOUSE.
Two women, named Martha Smith and Mary Jones,
were charged with having robbed a man at 12 o'clock at
night in Aldgute.
The prisoners, who have been long known as hawkers
of fruit about the Royal Exchange, pretended to be
drunk, and one of them pretended to support herself
from falling by catching the prosecutor by the arms and
holdinc him fast, while the other slipped her baud into
his pockets and took out his money. They contrived to
escape at the moment, but were afterwards apprehended,
each of them having half of the property of which the
wWerehteanhetnheintporcousesetoudtoyr, prosecutor had beenust
beforeplutidetrheedy.
addressed them, j
they restored to him the halfpence they had taken, but
although one of them advised her comrade to give him
up the whole and escape imprisonment and disgrace,
the proposal was refused, and the chance of impunity
was risked for a few shillings.
The LORD MAYOR sentenced each of the prisoners to
be imprisoned and kept to hard labour for three months.
The LORD MAYOR requested that the press would ac-
knowledge the receipt of ss. in postage stamps from
E. B. for the foreigner named Ringens, who some time
ago attempted, as it was affirmed, to destroy himself
with an egg-shell stuffed with gunpowder.
Ili E,S TIIHN STE H.
George Shirley, a thin sickly-looking lad, 16 years of
age, described as a costormonger, was charged with
having caused the death of Ann Deddell, a woman with
whom his father cohabited, at 1, Vincent-court, Vin-
cent-street, Westminster.
It appeared from the statement of Elizabeth Perry,
an intelligent child, twelve years old, that she was at
the house of tho aceused's father, when the former came
' in, between four and five o'clock last Sunday afternoon.
A violent altercation arose between the young man and
the deceased, about a penny, in the coarse of which the
' latter used very improper language, and struck him in
the face. She then took up a knife and threatened to
throw it at him, and the prisoner then seized the poker,
and declared that he would strike her with it if she
touched him again. The little girl at that moment lett
the room, and immediately afterwards the prisoner
' rushed out of the house, followed by the deceased, who
' was bleeding from a wound in the head, but who threw
a poker and old shovel towards him, and vowed ven-
' geance if she caught him. He, however, escaped, and
she went to the Westminster Hospital, where her head
' was dressed, and she then returned home.
Sergeant Buchannan, 8 B, produced the following
certificate:—
" Westminster Hospital, March 9.
" This is to certify that Ann Shirley was admitted
into this Hospital on Monday morning, suffering from
the effects of a blow on the head, and that she has since
' died of the same.
" GEORGE BUTTON HATFORD, House-surgeon."
' Sergeant Buchanan. upon receiving information of the
fatal result from the hospital, immediately apprehended
' the accused at his father's abode, when prisoner said he
sad had a quarrel with the deceased about a penny,
which she accused him of having taken, and admitted
that he struck her on the head with the poker.
The prisoner was remanded for a week,
WORSHIP-STREET.
Jean Jerome Breque, a well-dressed Frenchman, was
placed at the bar before Mr. Tyrwhitt, charged with
having obtained, by means of a forged order, from a
banker at Rouen, in Normandy, the sum of 42/. 10s.,
with intent to defraud his late employer, Mr. Jacob
Schweizer, a varnish manufacturer, in Poole-street,
Hoxton.
The prosecutor stated that the prisoner had for a con-
siderable period in his service in the capacity of travel-
ler
and collecting clerk, but he found it necessary to dis-
charge him for misconduct in the month of Jania,ry
last.
communicate About a mono tmi tha t
tb:rfab roof that
businessevent t
to
et
wihoaedonfloy:icsaus
_lO7-
rfreoshiponhdormntes,irliieFraatntaecei,mbduthhisaysini blank
risoner, with
sheets of paper which he entrusted to theto his
intentions,
instructions to fill them u
and to forward them by ost t,
P pursuanttheir alestinations the
called
the autographs the pri-
ggnahetuerneBot'Od two
with
which Same eveningse-: On
yon he was capable of availing
eat euspicion at the ttm© thaturpose, witness left them with
s9ner
Ir emmiagrhkteeda,silYT.
himself of
them
for
that
purpose,
assured by the
him, 1,,,nd was subsequently
about a month
thatt i
n a t
iloi
ne b
ela bad
hfiislledrhtot
uehbseh i handing-him:
) directions.
prisonerdrurap cn:tgo:ole:
ner:rs
a.l' luydvs,i ITgaha ndet things,dhe efiarps prisoner
fistedr ai
un
:them off according
ommunication
obtained that the
signatures.e re occurredceive_d a
communication
from
after his diem when
M. Julianne, his banker at Rouen, apprising him
(latent use of iasai,
hat pursuant to his written directions they had handed
doofeuthmeehatuthilrhirwitypruonddaecredwhwicahs
a thousand teanes to the prisoner, and oil subsequently
inspection gsoanuctillod!
theyr e q e ehs
at i
dn
transmitted to h:m, containing an order to the above
amount, in favour of the prisoner, and which he at once
recognised as having been written on one of the blank
sheets of paper to w ' ,t 1 ch he had appended his signature,
under the circumstances before referred to. Witness
thereupon entered into communication with police-con-
stable Murray, of the N division, by whose exertions
the prisoner was traced out on the 'preceding evening,
and taken into custody.
On being called upon for his defence,
in
The prisoner admitted having received the amountewhath
question, but expressed his intentiontoctrfeosrerav
future e
had to say in explanation of his condo
oc-
casion.
d by the prosecutor that he
It having been intimate
re dao h o
expected to be able on a futu .
risiny gt oestablisth an then
ut of e same
charge against the accused, a
transaction, dered to be remanded until Thurs-
The prisoner was or
day next.

A Act, passed by theestHaboliisihsemecnkft
- ---__=----_ ,
CANADA.--...11
of Canada for the s-
sembly and Council
,;
h diocese in Lower , As-
sembly a
Church Society in ea, Canada, has, ac-
cording to custom, been presented to the Imperial Perlis-
t• lt divides the original diocese of Quebec into two
mpenrate dioceses—
he one styled the diocese of Quebec, the other
separate
of Montreal. The Act provides that each shall
enjoy the powers, rights, a,'id privileges which had been pre-
viously granted to the single diocese of Quebec. Each society
is composed of the bishop anti all persons resident in the dio-
cese, and each will receive the property of the late diocese
which is situated in its own limits. All former bequests and
trusts are still vested in the Bishop of Quebec, unless he may
consider •it proper to assign them over to the Bishop of
Montreal.
FATAL ACCIDENT.—The Rev. Walter Gra,P, 8.D.,
died on Friday week, at the Rectory, Week St. Mary, Corn-
wall, aged G 8 years. He was many years a most efficient
magistrate of the county. About ten days before his death
the Rev. Gentleman received a punctured wound in the arm
from the claw of a favourite cat. Mortification ensued, and
terminged 114 useful career.