The Sun.
London, England, 1839-08-14 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.....CROI'DON, AUGUST 12.
DOE. DEM. DANIELL V. WOODROFFE.
ACTION OF EJECTMENT.
Messrs. Thesiger, Channell, and Peacock, appeared
for the plaintiffs ; and Messrs. Platt and Petersdorff
for the defendant.
Mr. TIIESIGER stated the case to the Jury at con-
siderable length, which he said was necessary, in order
that they might be informed upon the facts of the case,
which would be mainly supported by documentary
evidence. He should have to retrogade as far back as
the year 1710, and trace the matter in question down
to the present time.
The real plaintiff in the action is a Mr. Daniell, and
the gentleman who defends the action is Colonel Wood-
roffe. This was an action brought to eject the defend-
ant from certain estates which were situate in several
manors and parishes in the county of Surrey, but prin-
cipally in the parishes of Ash, Seal, and Poyle.
It happened that several years ago the brother of the
defendant borrowed the sum of 10,0001. on the estate,
of two gentlemen, named Stewart and Drury, who
held money in trust belonging to the plaintiff. It ap-
peared that after the money was so advanced, Mr. Wil-
liam Woodroffe, the deceased brother of the defendant,
was only entitled to one moiety of the estate ; hence it
was necessary to apply to General Maitland, who had
married a lady, a collateral branch of the Woodroffe fa-
mily, who was presumed to have a contingent or abso-
lute interest in the whole or part of the other moiety.
Mr. Wm. Woodroffe died in 1824, and the present
defendant (the next brother) succeeded to the estate,
and had ever since received the rents and profits arising
from it.
After going through a long detail the Learned Gen-
tleman said, in conclusion, that unless the Jury found
for the plaintiff he would suffer the loss of 10,0001. hard
cash, which had been advanced by his trustees to the
defendant's brother upon the estate in question.
Piles of old and modern deeds of settlements, mar-
riage settlements, wills, and other documents connected
with the tree of pedigree of the Woodroffe family, were
produced and several hours were occupied in reading
them.
Several witnesses were called to verify the signatures
of attesting witnesses to various deeds, who have be-
come defunct. A vast quantity of certificates of the
births, marriages, and deaths of members of the Wood-
roffe family were also put in evidence.
Several witnesses were also called to prove the
the property belonged to the family, and to explain
who had for many years been the occupiers of the
various farms in the different parishes.
Richard Farrell, an aged farmer, sated that be lives
at Ash, and holds what is called " Christmas-pie Farm,"
and held it under the late Mr. W. Woodroffe. Knows
the Woodroffe estates at Ash and Seal, some of which
had been occupied by his family for many years. Had
pointed out to Mr. Makepeace and Mr. Crawler, a
surveyor, the land belonging to the farms in the several
parishes. His uncle held about 500 acres of the estate.
The farm of witness is partly in Ash, part in Clegget
Manor, and part in Worplesdon. Mr. Cobbett (the
late M.P.) and then a Mr. West, held his uncle's farm
before he took it.
By Mr. PLATT.—I held Christmas-pie Farm about
16 years back. I can point out a friend in Court to
whom I used to pay the rent ; Mr. Davison, an attor-
ney. I do not know whether he acted as steward to
Mr. W. Woodroffe or steward of the manor. Some-
times I paid it to Mr. Edwards, a solicitor, since de-
ceased. He lived in Castle-street, Holborn. Ido not
remember William Woodroffe's coming of age. I do
not know that he kept a coach and six horses. I re-
member my uncle John being in possession of the farm
50 years ago. I have seen William Woodroffe at ray
uncle's, but I never saw him receive any rent. Part of
the property consists of a large park, and the Manor
Courts are held at the Mansion-house, which is not
now inhabited.
By Mr. THESIGER.—Squire Woodroffe (William)
has been at my house for a week together. I do not
know whether he was there to keep out of the way. He
kept in the house all the time he was there, and never
went out. This is about 40 years back. My uncle
used to call him landlord, but I do not know that he ever
paid any rent to him.
Mr. Davison, a solicitor in London, admitted that he
had received rents, as stated by the last witness, but it
was not on account of the defendant's brother, but for a
Mr. Collier and his co-trustee.
Several other witnesses having been called for the
plaintiff, a long discussion took place, which resulted in
Mr. PLATT, addressing the jury. He said that his
Learned Friend had commenced his date with 1710, but
he (Mr. Platt) would have to retrograde a good deal
further back, namely, to the year 1658. He contended
that Colonel Woodroffe, the defendant, had nothing to
do with the borrowing of the money in question, and he
ought not to be the sufferer on account of the profli-
gacy and prodigality of his deceased brother. When
William Woodroffe died, in 1824, George, his next
brother, (the defendant) claimed his undoubted right
to it—a right which he hoped and anticipated the jury
would not by their verdict divest him of. The Learned
Gentleman then put in several deeds more ancient than
those already produced.
A gentleman from the Heralds'•office produced a
book to prove that George Woodroffe, Esq., one of the
direct ancestors of the defendant, was knighted at Hamp-
ton Court on the 19th of May, 1661. The same wit-
ness also proved, by documentary evidence, that on the
14th of May, 1790 (30th George III.), pursuant to
the will of the third George Woodroffe, William Bib
linghurst, his heir and successor to the estate, was, on
petition, permitted to take and use the name and armo-
rial bearings of Woodroffe, and the matter was recorded
in the Heralds' College. The defendant is the lineal
descendant of the gentleman to whom the grant was
made. The third G. Woodroffe died in 1778.
The evidence having closed, a long desultory conver-
sation ensued. It was agreed that a verdict should be
taken for the plaintiff, but all the points of law arc to be
reserved for future discussion.
This case was tried a year ago, when it was referred
to a Court of Equity who sent it back again to be tried
before a jury. It was said that the decision in the pre-
sent instance only places the litigants in static quo, and,
unless some arrangement be made, they must commence
dc novo.

NORTHERN CIRCUIT.--.LANCASTER, Au°. 9.
This morning, at ten o'clock, the business of the
northern division of Lancashire was proceeded with,
Mr. Justice COLTMAN presiding on the Crown side, and
Mr. Baron MALILE on the Civil.

The calendar is not heavy in point of number, there
being but eight prisoners, including James Lacky and
Julia Lacky, charged with the murder of Michael Dono-
hue, at Preston, in November, 1838, and whose
cases were put off at the last assizes on account of the
absence of some material witnesses, supposed to have
been kept out of the way by the procurement of the
friends of the prisoners.
On the Civil side twenty-seven causes are entered for
trial, including eight tithe causes, which, however, will,
it is supposed, be referred.
SATURDAY, AUG. 10.
SHORROCK V. GREENWOOD.

SEDUCTION.—This was an action to recover compen-
sation for the seduction by the defendant of the daughter
of the plaintiff.
Mr. DUNDAS, who conducted the plaintiff's case,
said, the plaintiff was a carrier, residing in the neigh-
bourhood of Blackburn, having a family of two daugh-
ters, and one son, an infant. The defendant was of the
age of twenty-eight years, the only son of a Mr. Green-
wood, the proprietor of a cotton manufactory at Black-
burn. Of the plaintiff's children, Alice, the eldest,
was the subject of the present action, and, with her
sister, followed the occupation of hand-loom weaving in
her father's house. The yarn was procured from the
manufactory of Mr. Greenwood, and the work when
completed, was taken to his mill. It was in'consequ.ence
of the opportunities thus presented to him of meeting
with the plaintiff's daughter that the defendant's ac-
quaintance with her commenced. He succeeded in
-imposing upon her inexperience (she was then but
nineteen), he ruined, and he left her. She concealed
as long as she could her pregnancy from her parents,
but it was finally discovered. She became very ill from
grief for the situation in which she found herself; and,
finally, in the beginning of this year, a child was born.
These were the facts tha would be proved. He had