The Sun.
London, England, 1864-04-30 00:00:00

THE SI7N, LOA DON, SATURDAY EVENING, APRIL 30, 1864.

bury square. I have had much experience in paralysis.
I have heard Mr. Smee's evidence with respect to the state
of th• testator at Sydenham, and I am of opinion there was
disease of the nervous system. Judging from Mr. Smee's
evidence, the disease under which Mr. Hutchinson was
suffering was one affecting the base of the brain, which
would tend to impair the mind more or less.
The Judge Ordinary—lt was not such as would render
a person incapable or incompetent.
Witness—No.

This being the ovidenco for the defence,
Dr. Deane summed up the case on the part of the defen-
dant, and contended that ho had proved that in July and
August Mr. Hutchinson was not in a fit state of mind to
execu'o his will.

The Judge Ordinary said he did not think it would he
necessary to hear the counsel for the plaintiff in reply. The
case presented by the plaintiff was a strong one, and he
had forborne to express any Opinion until he had heard
the evidence; but, having heard it, be felt no one could
doubt what the decision of the Court would be. Ho therefore
pronounced unhesitatingly in favour of the validity of the
will. He could not but express his regret at the litigation ;
but it appeared that Mr. Smee had been animated only by
esteem for his relative, and not in the slightest measure
to obtain personal advantage for himself or his relatives.
Mr Hutchinson, he felt, had disposed of his property as he
desired, and there was a total absence of proof that the
slightest pressure was placed on the testator by any
person resident within the Oratory. The medical
gentlemen who had been called upon to give evidence
during the case had all acted with that candour which Wag
to be expected from persons of their eminence, and the
answer he received when he asked them whether they could
nndertake to say the mind of the testator was impaired, was a
frank and straightforward negative. There, therefore, had
been an utter failure to impeach the validity of the will,
and to carry the matter further would be going to an unjust
and preposterous extent. With respect to costs he felt
that the whole of them must fall on Mr. Smee, as no
reasonable ground had been shown for contesting the
legality of the will.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

CAUTION TO OMNIBUS PROPRIETORS AND HORSE.
XEEPERS.—Mr. Henry Ward, omnibus proprietor, of
Stanley-mews, Paddington, and Henry Cunningham,
horsekeeper in his employ, appeared to answer the com-
plaint of Mr. Wm. Love, chief officer cf the Royal Society
for the Prevention of Cruelty to Animals, of causing a horse
to be cruelly ill treated by sending it out while in a totally
unfit state for work,

The driver of the horse was charged at this court a few
days since and fined 208., and the present proceedings then
ordered to be taken.
➢lr. Love attended to watch the case.

From the evidence of Choyce and Temperley, two of the
society's officers, it appeared that while in Oxford-street
they saw a man in Mr. Ward's employ driving a pair of
horses attached to an omnibus laden with passengers. The
off-side horse had four large raw wounds under the collar,
and into which the collar was pressing. They then took
the driver into custody, and he was fined 20s. Choyce
afterwards saw the defendant Cunningham, who admitted
harnessing the horse and sending it out; that he knew
there were wounds on the horse, as he had dressed them
with fuller's earth before putting on the harness, and that
the horse had been ill for several days. Cunningham also
told the officer that he had informed Mr. Ward that the
horse was ill, and that Mr. Ward told him to keop it in.
Choyce also saw Mr. Ward. who stated that he had given
Cunningham orders to keep the horse in.

Mr Ward said ho was not aware of the condition of the
horse, sometimes not seeing his horses for a month at a
time.

The magistrate said the appearance of the horse was
enough to make one shudder, and it was Mr Ward's duty
to see the condition the horses were in before they were
sent out.

Mr Cherry, the Government veterinary surgeon, said
Mr. Ward was either very careless or reckless as to
his horses, and was one amongst a few bad proprietors of
horses he had had to deal with,

The Magistrate said he entertained a doubt in this case
whether the master could not be made responsible for the
act of his servant. He should fine the defendant Cunningham
40s. or fourteen days, and discharged the defendant Ward,
who, at the same time, he considered was bound in honesty
to pay Cunninghaues fine.

Liverpool

This Day,

Sales, 15,000 or 20,000 bales. Advancing. Im
ports, 1,186 bales.

MARKETS—This Day.

COVENT GARDEN.

Oar market was seasonably well supplied with produce.
Fruit commanded a steady sale at about last week's prices,
and vegetables were in fair average request at full quota•
tions. The currency was as follows :

FRUIT,

s. d. s. d.
Pine apples 8 Oto 10 0,,
Colonial do., each 0 0 to 0 01
Grapes,per lb 6 0 to i 0 0
Foreign do 2 0 to 3 OP
Melons ....
Nectarines, per dz 0 0 to 0 0
Apples, per hf-sv. 3 0 to 4 0 ;
Pears, per do u 0 to 0 0
Oranges, per 100..4 0 to 10 0 ,
Lemons, per 100 3 6 to 7 0
Gooseberries eve° 0 to 0 0
Strawberries pr pt 0 0 to 0 0

S. d. a d
Mulberries, prpt..o oto 0 0
Cherries, per lb. 0 oto 0 0
Foreign ditto, pun° oto 0 0
Filberts, per lb .. 2 oto 2 0
Walnuts, per 100 0 oto 0 0
Cobnuts, per lb .. 0 oto u 0
Almonds, per bus 0 oto 0 0
Figs, per doz. .... 0 oto 0 0
Peaches.. ..... 00to 0 0
Currants, per h.sv 0 oto 0 0
Plums, per do. .. 0 oto 0 0
Greengages,pr do.o oto 0 0