The Sun.
London, England, 1830-04-12 00:00:00

John Murray, Albemarle-street.

The magnificos, who have got houses on the
site of the late gardens of Carlton Palace, deem it quite
degrading that John Bull and his " cansile" should think
of claiming a passage into St. James's Park, so near to
their superb retreats.

ACCIDENT.--On Saturday, between eight
and nine o'clock, as Mr. ARBUTHNOT, of Abbeville House,
Ifornsey-lane, near the church, was driving a gig up
xbany-street, Regent's. park, accompanied by his wife and
daughter, whom he had been fetching from school at Acton,
the horse took fright at a water-cart that was filling at the
side orthe road, and set off at a furious gallop. Mr. A
endeavoured to pull up, but in vain ; the animal continued
his rapid space until the wheels of the gig came in contact
with the pathway, being two feet higher than the road,
when the gig was overturned, and the parties were precipi-
tated into tho mud. Mr. ARBUTHNOT escaped with some
severe bruises, but Mrs. ARBUTHNOT unfortunately had
her shoulder dislocated, and Miss ARBUTHNOT was so
much injured as to be totally insensible, and very much cut
about the face; she was conveyed to the house of a medical
gentleman in Albany-street. The horse was very much
injured, having broken both his knees, and also bled pro-
fusely from the Hose. We are happy to say that all the
par,ties Are doing well.

YORK, APRIL 8.
WRIGHT AND OTHERS V. TATHAII.

This cause, which involves property of great
value, came on for trial on Friday.
Mr. TomuNsoN opened the pleading's. The
plaintiffs were Mr. George Wright, the Reverend
Anthony Marsden, late Lester, Mr. Charles John
Lester, the Rev. John Marsden Wright, and
Margaret Wright. The defendant was Rear-Admi-
ral Tatham. The first question which the Jury had
to try was, whether a will made by John Marsden,
Esq. of Hornby Castle, on the 14th of. January,
1822, whereby he devised the manor of Hornby to
the plaintiffs, was a true and valid will; and the
second question was, whether he by a codicil to the
said will, devised certain lands mentioned in that
codicil to the plaintiffs.
Mr. PohhocK, for the plaintiffs, said, Mr. Wri ht
was the faithful steward and friend of the test r,
having lived with him for the period of .50 years.
40_
-The defendant, who was admitted to be tne heir of
the testator, is his first cousin, Leiner the son of the
testator's aunt. The other plaintiff, the Rev. An-
thony Lester, now Marsden, is the person to whom
the testator bequeathed the greater part of his
estates, and whose name he has since adopted, He
(the Rev. Mr. Marsden) is the second cousin of the
deceased, and one degree farther removed from the
common ancestor. Mr. Marsden, the testator, was
born in 1758. In early life he lost his father, and
owing to that misfortune his education was some- 1,,
\Nh a t neglected. When he arrived at the age of 22'
he purchased the Hornby estate, raising the money
to make good the purchase by selling and mortgaging
the greater part of his paternal estate. This me-
thod, of course, caused him to execute many legal
instruments. On the completion of the purchase
the testator removed from Wennington-hall to
Herlihy Castle : his family at that time consisted of
Mrs. Cookson, his housekeeper. On her death a
near relation of Admiral Tatham tilled the same
situation for 15 or 16 years. The Admiral had also
an elder brother, Henry Tatham, who was for se-
veral years a member of the testator's family.—
In 1797 Mr. Marsden procured an Act of Parliament
to enfranchise his estates, and he continued from time
to time to dispose of the remainder of his personal
estates, so that in 1826, when the testator died,
there was not a single acre that had ever been the
property of his father ; and he had a perfect right to
dispose, according to his own will, of the property
he had himself purchased, and to provide in it for
his faithful steward and friend. The Learned
Counsel (Mr. Pollock) said the whole of the case
rested on two points—was Mr. Marsden competent
to make a will ? Were the will and codicil which
he produced executed by the testator ? The first
was answered bygthe fact of the testator having been
engaged during a great part of his life in the con-
veyance of his estates, in the granting- of mortgages
and bonds, and transactions of a similar nature. He
(Mr. Pollock) next reverted to another head of evi-
denee—rhe correspondence of the testator with dif-
ferent individuals, particularly wi h a relation named
Dawson, a near relation of the defendant also.—
(These letters were read at great length. Their
main object was to show that the testator was
treated with great respect by his connexions.)—Mr.
Pollock concluded a speech of more than four hours'
length, by expressing his conviction that the result
of the investigation would be the establithment of
his client's claim to the property in question.
Mr. Sharp, an attorney, at Lancaster; Mr. Batty,
of Kirkby Lonsdale, the testator's surgeon ; Mr.
Birbeek, banker of Settle; Ni% J. Lushington, Esq.;
the High Sheriff of the County Palatine of Llneas-
ter, and the Recorder of Liverpool, were examined.
They all spoke to the capability of Mr. Marsden to
make a will.

Ou Monday a number of witnesses, consisting of
the testator's tradesmen, tenants, and servants, were
examined, with a view to show that he was in a fit
state of mind to make a will.

The case for the plaintiffs closed at two o'clock.
Sir J. SCARLETT then addressed the Jury on
behalf of the defendant, in a speech occupying
nearly four hours. When Mr. Marsden was a
schoolboy, he received the appellation from his
school-fellows of " Silly Marsden," and could never
be made to understand the principles of arithmetic ;
up to the age of eighteen he retained the feelings of
a child, being frightened at a dog, and would run
away if he saw a sheep : he was even afraid of a
goose or a pig.—(Laughter.)—He (Sir James)
would show, that at one time he got an old woman
to protect him past a pig.—(Laughter)--At another
time he ran into a carpenter's shop, to escape from
the jaws of a sheep.—(Loud laughter.)—The jury
had been told that the testator was a musician, and
that a violin was his constant companion. But how
did he perform on that instrument ? His tune at
morning, noon, and night, was " Dainty Davy"—
(Much laughter)—and whenever any person chanced
to admire his performance, he would play " Dainty
Davy" again.—(Laughter.)—He was used to talk
to himself as he walked on the high road, but hav-
ing been told that he let out all his secrets by so
doing, he employed a carpenter to make a wooden
stopper for his mouth. On another occasion he was
greatly pleased at hearing a carpenter file the teeth
of his saw, and inquired what musical instrument it
was.—(Great laughter, in which the bench joined.)
Tommy Toxon, a silly man of the village, was his
companion. On one occasion, Tommy and the
testator amused themselves by dragging a dead rat
across a field, Mr. Marsden beating the rat on the
way with a stick.

The Learned JUDGE summed up the evidence
with great minuteness, and the Jury, after being
absent half an hour, returned a verdict for the plain-
tiff—Damages Is., costs 40s.

GLOUCESTER, APRIL 9.

Their Lordships attended divine service at the
cathedral this morning, and at two o'clock proceeded
to business. At.Nisi Prius 30 causes were entered,
of which only two were special juries, and a great
number undefended. Mr. Justice LITTLEDALE had
disposed of nineteen, when he rose this evening,
of which not one possessed a particle of public in-
terest.

• Elizabeth Fleming, aged 18, and James Fleming,
her father, were indicted for stealing, at Chelten-
ham, a dressing-case containing money and jewellery,
to a con;tderable amount, and a medicine chest, the
property of Lady Maria Letitia Moore.
Mr. C. PHILLIPS was ;t sting the case for the
proseew ion, when the female prisoner, who was very
respectably attired, fainted. She was cat ried out of
Court, and another prisoner was tried. On her re-
turn sue was allowed a scat, and the case pro-
ceeded ; she was in tears during the whole trial.
Lady Moore said—l know Elizabeth Fleming—
aimtildflorPn:eld*trltte
she is a dress-maker. On the 9th of December best
she was working at my house. I had opened my
also a medi•
,"a•erleocakegto,lda
dressing-boxwatchcllain, ona tihsaetatins,o ran i idt gi
diamond
no, ‘1
dv hiiiciligt
tsoola.
cb(k)innskidiemrsatbibei
el
amount;
tine chest in the house. I went out about seven
George Russell, head constable of ~Cheltenham,
dressing-box medicine chest were stolen. '1 he
female prisoner had accesa to every room in the
andtonulyn tro;:
thtueh:enr titers o‘l%:aeasys
went to Flemings house on the 12th of December.
I told him of the robbery of Lady Moore ; that his
daughter was suspected; and I wished to search his
house.

premises. He said, " God forbid she should be
ruilty of any thing of that kind ; and though he
had been guilty of many follies, he had never before
been charged with robbery." Ile gave me leave to
search. I found nothing in the cottage, but in a
brook at the bottom of the gnrden (from which
Fleming was corning with a yoke and buckets when
I went in) I found some medicine labels. I then
searched a shed adjoining the cottage, and found in
the thatch a box containing a watch, ring, trinkets,
And other articles.--(They were produced, and after-
wards identified by Lady Moore.)—When I found
the labels, I sent Fleming to the watch-house ; the
daughter had been taken there before. Sbe had
been in the watch-house about four hours when I
saw her there with her mother. They were both
in tears, and the mother said, " For God's sake, to
ease your own conscience and make the best of a
bad matter, if you know where the remainder of
the property is, pray tell." She said, if I could
draw a boat away from a part of Mr. Slatter's pre-
mises, I should find the whole of the money. I went
and found four 101. notes and soma silver.

The prisoner.; declined saying any thing in their
defence. Guilty—Death; recommended to mercy
by the prosecutrix.

APRIL 10.

John Cooke, aged 21, and Joseph Virgoc, aged 25,
were indicted for feloniously striking, &c. Wiliam
Hammond, and thereby causing his death.
Verdict—Not
William Pilot, aged 32, was charged with break-
ing and entering the house of General Dighton, at
Newland, in this county, and stealing a quantity of
plat e.

Mr. 11TACLEAN stated the circumstances, and
called several witnesses who proved the facts.—
Guilty—Death.

TAUNTON, Artit S.

DOE, DEM. COOMI3S AND OTHERS, W. EXTANCF. ET

VIOL

This was an action of ejectment, to recover cer-
tain property at Henstridge. The title of the less-
ors of the plaintiff, as co-heiresses-at-law, was ad-
mitted, and the question to be decided being as to
the validity of a will, the defendant had to begin.
Mr. Ssrjeant MEREVIETHER (with whom was
Mr. Bayley) stated the case ou the part of the de-
fendants. A person, by the name of Joseph
Coombs, was possessed of certain property, which
he devised to his servant, Elisabeth Hicks, for her
life. She intermarried with Thomas Extance, who,
with his wife, were the defendants in the case.
The facts of the case were these :—Elizabeth
Hicks entered into the testator's service in 1820.
Soon after the testator was taken dangerously ill,
during which illness Elizabeth Hicks paid him great
attention. He made a will, in which he bequeathed
to her 501. He recovered, and left Henstridge, and
went to live with some part of his family, hat he
took umbrage at their conduct, and returned to Hen-
stridge, and wiote to Elizabeth Hicks to return.
She did so ; but prior to his sending for her, it
would appear that he had informed a person that it
was his intention to alter his will, and leave every
thing he had to his servant for life, and that he
should do so on account of the bad usage le, hail
experienced from his sisters while he resided :.its
them. In June, 1828, he was attacked with para-
lysis, which took away the use of his right sib, 'And
also deprived him ef his speech, with the exceptioa
of three or four words, such as yes, no, dear, and
d—me. At this time he was visited by the clergyman
of the parish, who, in November, found he wac riot so
composed in his mind as usual, and asked him the
reason, when he told him (the clergyman) that he
wished to alter his will, and desired Mr. Bird, the
attorney, to be sent for. Mr. Bird attended him,
and took his instructions for a will, which in-
structions were signed, and on the following
morning the will was executed by the testator in
the presence of the attorney, the clergyman of the
parish, and a surgeon. By this will he gave the
whole of his property to the defendant Elizabeth
Extance, then Elizabeth Hicks, for her life. It was
this will that the plaintiffs wished to set aside, and
the question to be tried was, whether the testator
was of soup(' and disposing mind at the time he
made this will ?

Mr. Bird, the attorney, proved that he took in-
structions and prepares the will in question ; but
previous to the execution, he incpsired of a person
to whom he was known if he thought the testator
was sensible and knew what he was doing? He
replied, that he was as sensible as he was. He then
put several questions to the testator If it pleased
him, he said, " Dear, dear," and " Yes, yes." If it
was not as he intended, he said, " No, no:" if it
displeased him very much he would say, " D--me,
d—me." The testator having waved his hind
round the room, I said," Who do you mean to give
your house to ?" He pointed to the '<itches. I
said, " Do you mean to give it to Elizabeth Hicks?"
He said, " Yes, yes." He then waved h►s hand
acain. I said," Do you mean to give your land to
Elizabeth ?" He replied, " Yes, yes," I said,
"Do you mean to leave it to her entirely ?" He
said, " No, no." I said, "Do you mean your
sisters to have it after ?" He said, " No, no,
d—me, d—me."—(Laughter.)—He pointed to the
furniture with his crutch; I said, " Do you mean
to give that to Elizabeth ?" He said, " Yes, yea,"
I asked him if he intended his property to go to his
nephews and nieces after Elizabeth's death ?" He
said, " Yes, yes," I sad, "To them equally ?" He
said, " No, no; d—me, d—me." The names of
them were then obtained. He (witness) and those
who were present believed him to be of sound and
' disposing mind, otherwise he would never have
allowed him to have executed the will.

Cross examined—How did you understand that
he meant Dowding to be one of his executors ?
I asked him whether he wished that Dowding should
be one, he said, " Yes, yes."
Any addition—Yes, I believe he added, " D—me,
d—me, d—me."--(Leud laughter.)
The testator took the old will into the bed, and
with his left hand tore off the seal, and threw it
into the fire. I asked Mr. Fooks, the surgeon,
what he thought of Mr. Coombs. His answer was,
that he con,idered him perfectly sensible.
The Rev. Mr. Bridges—l am the clergyman and in
cumbent of Henstridge. I knew the deceased 10
years before his last illness : he was a very profane
man. I talked to him of his sins, and he wept. Ile
seemed to understand when I read to him.
Cross-examined—l think he was a shrewd man.
Mr. Serjeant WILDE—Give us an instance of his
shrewdness.

The witness, after having considered some time,
said, when he used to take medicine, he showed
symptoms of disliking it.—(Laughter.)
Did you ever see a child take physic without
making a wry face ? I can't say that I have.—
(Great laughter.)
Perhaps you can give us another instance of his
shrewdnes,• ? Wi en I spoke of his sister, who had
passed me as if she was offended, he said " D--me,
d—me."—(Laughter.)
Mr. Fooks, a surgeon—l attested the execution
of the will by Mr. Coombs. I am of opinion that
the testator was of sound and disposing mind.
Mr. Oborne—l knew Joseph Coombs more than
twenty years; he was a very shrewd man; remerm-
ber his being seized in 1828. The morning before
he was seized he told me that he wished to alter his
will. I am certain Coombs knew what he was
about. I have not the least doubt upon it. Eliza-
beth Hicks was always very attentive to the de-
ceived. His sister came to see him very seldom.
Cross-examined—He never could use his right
arm after the seizure; he would say, " Dear, dear,"
very plain, and " D—me, d-ine" much plainer; he
used that very properly.—( Laughter.)—No rents
have been received, and as the law suit is going on,
I do not think will ever be received.—(Laughter.)
—I think there will be little remaining after the
lawyers are paid.
Mr. Sandford—l knew Coo:nbs.• He was a
shrewd ruin. I bought a horse of him in 1828. I
had a conversation with him. lie told me he was
going to alter his will ; he said be should do core

for the girl than any body was aware of. I called
again upon him, and had something to drink.
Cross-examined—l had a glans of grog, a pint of
ale, and smoLed or pipes ; that is a pretty good
evening's allowance for a farmer these times.
Mr. Serjeant WILDE rose to address the Jury on
the part of the plaintiff. He went through the evi-
dence with the greatest minuteness, with a view of
showing that the testator was in a state of fatuity.
The Learned Serjeant continued his speech to a
very great length, and the Jury showed evident
signs that three days on one cause had fatigued
them, for the foreman exhibited his sign of distress
by keeping his watch, which was a very large one.
in his hand, and frequently holding it up to the
Learned Serjeant in a manner plainly to be under-
stood, even by those who had not studied the lan-
guage of signs at the Oxford University. The
Learned Counsel, however, seemed up to the thing.
and took extraordinary pains to keep his eyes fixed
on the other part of the jury-box. He then con-
tended that the will did not agree with the instruc-
tions, and therefore that this could not be the will
of the testator.

Mr. Justice BOSANQUET summed up the case to
the Jury, with great minuteness, and at three o'clock
the Jury returned a verdict for the defendants,
thereby establishing that the testator was competent
to make a will.
The cause commenced about eleven o'clock on
Thursday morning, was adjourned at half-past eight
that evening till one o'clock on Friday, was ad-
journed about seven that evening to eight o'clock on
Saturday morning, and did not finish till three
o'clock on that day.