The Sun.
London, England, 1865-11-08 00:00:00

sUN, LONBOIN, • WEDNESDAY EVENING, NOVEMBER 8 1865.

LAW INTELLIGENCE.—This Day.

COURT OF PROBATE.
(Before Sir J. P. Wilde.)
CLOWES V. CLOWES.

This was a suit instituted to try the validity of a will
alleged to have been duly executed by a Mr. Clowes, who
had been in the iron trade in Manchester, and who died
on the 9th of April last. The instrument was propounded
by the plaintiff, Mary Clowes, the widow of the deceased,
and was disputed by his brother, who pleaded undue exe-
cution, want of testamentary capacity. _

Dr. Spinks was for the plaintiff, and Mr: Brown for the
defendant.

It appeared that the deceased was a man of intemperate
habits, and had boon subject to attacks of delirium tremens.
On the Bth of April he executed the will in dispute, but he
was too ill to he able to write his name, and substituted a
cross. The will was a lithographed form, and was alleged
to have been duly witnessed. It was made in favour of the

kr. John Walsh, a surgeon, of Oldham-street, Manches-
ter, said that ho attended the deceased in his last illness.
He was first called in on the 31st March last, and found him
suffering from a wound in the knee and symptoms of inci-
pient delirium tremens. Ile also noticed ho spat a great deal,
which sometimes accompanied mania. On the 2d of April
he because much worse and did not know witness, but on
the sth ho was quite conscious. As he had seen many
cases when dilirium returned rapidly he advised the
plaintiff to induce the deceased to settle his affairs. She
was in and out of the house but not in actual attendance,
and he heard the latter say that the wound in his knee
was caused by her throwing something at him. The de-
ceased was about fifty. She knew that ho was in the habit
of drinking a good deal.
Mr. Clowes, the plaintiff, said that the deceased always
stated that he would leave her whatever he possessed at
his death if she survived him. The names in the will were
written in pencil, and she saw the deceased make his cross.
About two or three hours afterwards he became uncon-
scious, and she believed no person was in the room with
him from the time of signing the will and the time when
she found him unconscious. The defendant came into the
bedroom and caused the deceased some annoyance by say-
ing that the will should have been signed in his presence.
The court decided that the will was genuine, and it was
accordingly admitted to probate.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

HAT CLUBS-IMPORTANT DECISION.-EFFLEWHITE V. JAMES.
This was an action to recover 10s. 6d., money paid to
the defendant on account of a certain hat.

Plaintiff deposed • that he had been commissioned by a
Mr. Molyneux to subscribe various small sums of money to
a hat club, of which the defendant was the manager. The
gross price was 108. Gd., and this sum had been paid, but
plaintiff could not get the hat. Defendant did not deny
that the money had been paid, but urged that it was a club
in which the members took chances, and he (defendant)
had supplied already hats to a greater value than the
amount of the subscriptions at present paid in. There
were now no funds, but as soon as the money was sub-
scribed the plaintiff would have the hat.
His Honour was of opinion that the club was nothing
more than a lottery, and as such illegal. In fact, it was
what was known a hundred years ago as a "little go."
Defendant said that plaintiff was not the person who
first paid the money.
Plaintiff admitted it. He paid Bs. for his friend Smith,
his friend's money, but the last 2s. 6d. was plaintiff's own
money. His friend was now dead.
His Honour ruled that plaintiff could not sue in his own
name for the money, so far as his late friend was concerned,
and unless defendant consented to have the name altered
a fresh summons must be taken for the Bs.

Defendant said he would stand upon his legal rights.
His Honour remarked that plaintiff must sue for the Bs.
in the name of the widow of his friend, and for his own
2s. 6d. in his own, the opinion of tho court being that all
these clubs were nothing but lotteries, and as such illegal.
Plaintiff nonsuited.

MIDDLESEX SESSIONS—This Day.

(Before the Assistant Judge.)

Mary Binks and Susan Reed were placed at the bar, in-
dicted, the former with receiving and the latter with steal-
ing a quantity of wearing apparel and other articles, the
property of Thomas West.

It appeared that the prisoner Binks was a fortune-teller,
and the younger prisoner, Reed, a domestic servant. The
property was taken away at different times, in order to
comply with the charm of the fortune-teller, and left in her
possession on the understanding they were to be restored.
Such, however, was not the case, and the articles were
taken to the pawnbroker's and there pledged ; and when
once the simple-minded Reed was in the power of the for-
tune-teller, she was afraid to disobey the injunctions of
Binks, which of course increased in amount. The rob-
bery was discovered by Reed's mistress on her return from
the country, and both were given into custody. The pri-
soner Reed received a very excellent character.
The Assistant Judge commented upon the foolishness of
the younger prisoner, and sentened her to three months'
imprisonment. Dinh° ho orrinrerl to be hoprioonott In the
House of Correction for two years with hard labour.
M ary Ann Brown, milliner, was indicted for stealing a
watch from the person of Alexander Culverhouse. The
prisoner pleaded guilty.

It appeared that she had but three days before the robbery
left the House of Correction, where she had been impri-
soned for 18 months. Several previous convictions wore
proved against her.

The Assistant Judge said it was useless to attompt refor-
mation by short imprisonment, he therefore sentenced her
to seven years' transportation.

Elizabeth Mullins pleaded guilty to a charge of robbing
a tradesman. She was sentenced to two years' imprison-
ment.

Louisa Miller was indicted for stealing 50 yards of flan-
nel, the property of Thomas Hooper.
The prisoner pleaded guilty, but several former convic-
tions were proved against her, and she was sentenced to
seven years' penal servitude. After sentence, the prisoner
said she could not find fault with it, because she had often
had a piece of tho same sort of stuff from Hooper's place
before.

John Potter, an elderly man, was indicted for molesting
two young girls. The evidence was not of a very clear
discription, and Mr. Sleigh, who prosecuted, eventually
withdrew the charge against the prisoner, and the jury
accordingly returned a verdict of not guilty.

POLICE INTELLIGENCE.—This Day,

MARLBOROUGH-STREET.

A RUFFIAN PROPERLY PITNISHED.—COMMITTAL WITH-
OUT A FlNE.—Richard Smith, a bootmaker, living at No.
29, St. Martin's-court, was brought before Mr. Tyrwhitt,
by O'Shaughnessy, one of the warrant officers of the court,
charged with assaulting .a young woman, named Elizabeth
Pattenden.

The complainant, who had a bad black eye, said she had
lived with the defendant for four years. About 2 o'clock
in the morning of Tuesday last he came home and asked
for his supper. She told him there was some upstairs, and
he then struck her on the forehead, and said he would
smash and murder her. He afterwards struck her in the
face and blackened her eye. She ran into the cellar to
escape from his violence, but he got a light and found her.
She tried to escape from the place, but was unable to do
so, and he then struck her several times about the body.
He had frequently beat her before.
Mr. Caries Ward, a lodger in the house, said he was
awakened by hearing cries of " Murder !" He got up and
heard the sound of blows, and found the complainant,
who said she had been ill-used, her eye being much swollen,
crying. His wife then took the compainant into their
room for protection. The complainant was a hard-working
woman, and went out to work to support the home.
Mr. Tyrwhitt said he looked upon the defendant as a
brutal fellow, and ha should commit him for six weeks
with hard labour.