The Sun.
London, England, 1839-12-03 00:00:00

EASTHAM V. ROBERTS.

Mr. BIRKBECK in this case applied for a special in-
junction to restrain the executors of the testator from
intermeddiing in his affairs The bill was filed by a
creditor on behalf of himself and others, and it prayed
the usual counts, and that the estate might be sold.
Mr. Baron ALDERSON—What is the ground on
which you apply for a special injunction ?
Mr. BIRKBECK—The grounds are that the executors
refuse to pay the plaintiff, they refuse to prove the will,
or to say that they will not prove it, and they refuse to
give any account whatever of the estate which they have
taken possession of.
Mr. Baron ALDERSON—You soy they have not
proved the will. The cannot inte-rneddle till they do.
BIRKBECK—Tbey are receiving the estate. The
plaintiff says unless they are restrained, he verily be-
heves that they will collect all the money due to the
~fee rased at the time of his death, and convert the whole
estate and effets into money, and that they will not
truly and honestly account to the creditors, but endea-
our to evade the payment of their debts.
Mr. Baron ALDERSON—Thrse are very general ob-
-rveioes. ,rood might be uncle by anybody. How long
is it since the t:,Ailtor died ?
Mr. BlBlCELCK—September List.
Mr. Baron ALDERSON—It is not a very long period.
I think you ought to show some danger. If I were to
enjoin them from further proceedings, what is to be-
come of the estate? At present I don't think you have
stated sufficient.—Application refused.

TIIE FOG.—A thick fog prevailed in the metro-
polis all this morning, and even up to 12 o'clock lights
were burning in every shop and dwelling i; ()use.
EXTRAORDINARY CONDUCT OF A CORO-
NER'S JURY.—On Monday an inquest was held in
the Penitentiary, Milbank, on the body of Jas. Conell.
The Rev. Mr. Nihill, the Governor and chaplain of
the gaol, stated in a written document, a mode of evi-
dence no where seen but in this prison, that the de-
acased was brought in on the 7th of October, 1837,
from the Fortitude bulk, at Chatham, having been con-
victed at the Chelmsford Assizes of embezzlement.
Mr. James Wade, the surgeon of the Penitentiary,
stated that the deceased had, from illness, been placed
in the infirmary of the prison. On the 15th of last month
the prisoner called his attention to something that had
passed from his stomach, and when he, witness, looked at
it he found it was a half-crown piece. Prisoner was
questioned by him, and he stated he had robbed his em-
ployers of two half-crowns, and that before he was
searched he had contrived to swallow one. The de-
ceased got much worse, and before his death he had all
the symptoms of delirium tremens. A long consultation
took place amongst the Jury, because a curd was round
the shell in which the deceased etas placed, and two
witnesses were examined in consequence. It turned
out that the body could not have been brought down
without the cord attached to the coffin. The Coroner
having summed up the case, the Foreman consulted
with his fellow-jurymen, and said their opinion was that
death was c.used by " delirius trummens." They then
consulted again, and found that it was natural death.
A third time they consulted, and determined that the
holy should be opei'ed to ascertain the real cause of
death.—Adjourned accordingly.
DARING ESCAPE FROM YORK CASTLE—
Thursday morning was discovered a very daring escape
of prisoners from York Castle. Their names are lanes
Coates, who had, four or five years ago, at the York-
shire Assizes, been sentenced to be transported for sevon
years, but who, in consequence of his acceptance of the
office of executioner, had been kept in the Castle; Wil-
liam Marshall, who was tried for murdering his children,
at Ripon, about two years ago, but being brought in in-
sane, was ordere:i to be k pt in cot finement during her
Majesty's pleasure ; and William Seiler, for n-iurderitlg
his mother, at Malt on, confine d on similar grounds as the
last-mentioned ursoner. From what we have been en-
abiel collect of this transaction, it apppars that on
Wednesday evening the cells were left apparently safe.
but early the following morning it was found the prisoners
had, in some manner at present unknown, escaped from
them and scaled the outer walls, by means of rope lad-
ders, not far from Castlegate-lane end, near Mr. Andrews,
the architect's, office. It seems they retired a cart
against the wall, the better to effect their escape. It
was expected that the term of Coates's imprisonment
would soon expire, and on Wednesday his brother, under
the pretence of some misconduct on the part of the pi i-
soner's wife, obtained some spare clothing and what he
had in the Castle to be sent, as was expected, by the
r.d!way to Leeds, preparatory to a public sale. Whether
this circumstance is in any way connected with the
escape we are not prepared to say, but it seems very
probable, from the daring and reckless character of
Coates, that he has planned and effected the escape.
By an advertisement, giving a description of the
offenders, and offering a reward for their apprehension,
it appears that they had broken open the store-room, and
excharged their prison dress for their own clothing.—
York Herald.

SHOCKING DEATH OF A CHILD BY SUFFO-
CATION.—On Monday an inquest was held before Mr.
Wakley, at Somers Town, on the body of a child aged
five months, named Venall. It appeared from the evi-
dcrico of the mother that on the afternoon of Saturday
Let she laid the deceased, who was asleep, upon a Wa-
terloo bedstead on the first fl ,or, and asked a young
woman named Mary Brinkworth, twenty-three years of
age, whom she had kept out of mere charity for up-
wards of two years, to assist her in cleaning the place.
The girl went up stairs to clean the room, and it was
after a lapse of considerable time discovered that she
had tnrned up the bedstead with the deceased iu it.
The Coroner said that from the manner of Brinkworth
he had not the slightest doubt but her intellect wes
affectel, and that the deceased, which was the most
beautiful child he had ever seen, had lost its life through
her negligence. Verdict—" That the deceased was ac-
cidentally suffocated."
DESTRUCTIVE FIRE.-- Last night, about
twelve o'clock, a fire broke out on the premises of Mr
William Chapman, linundraper, No. 93, High-street,
Shadwell, which not only wholly destroyed the pre-
mises and its contents, but did considerable damage to
six of the houses adjoining. Most of them were in-
sured. The origin of the fire is not known. Several
engines quickly arrived, which probably prevented the
fire from doing farther mischief.
The Earl and Countess of Winchilsea arrived at
Haverholme Priory, their seat, in Lincolnshire, at the
close of the past week, from Eastwell Park, Kent. It
nten of the Earl to remain at the former Peat 1
Uktlii alter Christunts.