The Sun.
London, England, 1862-12-09 00:00:00

BERKELEY V. BERKELEY.

An application was made in this case, which was a peti-
tion for the restitution of conjugal rights by the Hon. C.
Berkeley against his wife, who opposed, on the ground
of adultery committed by her husband. The trial stands
fixed for the 18th inst., but this morning Dr. Spinks
on behalf of the wife, for a postponement of the trial,
as they had been unable to servo a supaina upon a material
witness.

Mr. Field opposed the application on the part of the pe.
tioner.

The learned Judge, after looking through the affidavits,
said that at present he did not think they were sufficiently
definite, and therefore they had better be amended within
the next few days, when the application could be renewed.

SHERIFFS' COURT.
(Bofore Mr. Kerr.)
HALSE AND WIFE V. SARROW-EXTRAORDINARY WILL

CASE-IMPORTANT DECISION.
This was an action to recover a £3O legacy left to the
female plaintiff under somewhat singular circumstances.
Mr. Buchanan (for the plaintiff)—This is an action to
recover £3O under the 47th section of the act, it being a
legacy bequeathed by the will of a Mrs. Bague, deceased,
to Mrs, Grieve, the mother of the female plaintiff, and by
Mrs. Grieve to her daughter, who afterwards married the
male plaintiff. The date of Mrs. Bague's will is August
26, 1857, and she died January 17, 1861. Mrs. Grieve was
her servant, and to her was bequeathed certain property,
the defendant being sole executor, and the estate sworn
under £BOO. Mrs. Grieve made a will dated 27th June,
1861, and in it are the words—" I give and bequeath to
my beloved daughter, Martha Grieve, the £3O left me by
will of the late Susannah Bague for her sole use
and advantage." Mrs. Grieve died on the 3d of August,
1861, and administration of the will was granted to the
female plaintiff, who on Aug. 14, 1861, married the male
plaintiff. I shall put in documents proving that my client
is the person named, and shall ask for your verdict, as
it is very clear this court has jurisdiction as plaintiff is in
the city.
Defendant—l cannot dispute that the money was left to
the female plaintiff, but this is a singularly complicated
case, and Ido not feel justified in paying the legacy. I
have had already the opinions of two counsel upon it.
Mr. Buchanan—How much money have you received ?
Defendant—£2oo.
Mr. Buchanan—We have been told £5OO.
His Honour—l suppose you have plenty of money in
hand ?

Defendant—Yes, but there are certain duties.
Mr. Buchanan—With which we have nothing to do.
His Honour—Defendant is entitled to a twelvemonth,
and he has had it. One course was open and clear to him.
He might have taken out letters of administration and
P dvertised the estate in the usual manner in the newspapers.
I must find for the plaintiff with costs.
Verdict for plaintiff.

POLICE-THIS DAY.

MARLBOROUGH-STREET.

A BILLIARD ROOM ROBBERY.—Wm. Gray, of 56,
CarlLlo-viroct, Pwadiz.gion, oommiaeion agent, and James
Holloway, of 122, Stanley-street, Pimlico, carriage lamp
maker, were charged before Me. Tyrwhitt with stealing
£42 from Mr. Girtler, strawhat manufacturer, of 54, Wood-
street, City.
Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the prosecution ; and Mr. Abrams, of Bow-
street, for the defence.

Mr. Lewis said the prisoners were charged with stealing
£42 from the prosecutor. He had been on Saturday week
last to LutDn, and on his return, while looking in a shop-
window in Regent-street, was accosted by a foreigner, and
with him adjourned to the London Pavilion. From that
place, with the addition of the two prisoners, they adjourned
to Smith's billiard-rooms, in Regent- street, where the
robbery took place,

Mr. Girtler said—l am a straw hat manufacturer, in Wood-
street, City. On Saturday, 29th November, I had been to
Luton to make purchases. I returned to London between
seven and eight in the evening. I was looking in a shop-
window, and a foreigner spoke to me and asked me a ques-
tion. I left the foreigner, telling him I was going to the
Pavilion for an hour. On going there I saw the foreigner,
and afterwards Gray, who said he had only just come to
London from Munich, that he had never seen London
before, and that he came to get his property, £7,000. I
then asked him his name, and he said Baxter, and wrote it
on a piece of paper, and the name of some hotel in Covent-
garden. He also said that his father was a clergyman.
The foreigner said to Gray, " If you want to see life I have
a friend who will take you." He proposed that I should go
with him for that purpose, pressing me to do so. Hollo-
way was the friend the foreigner spoke of, and who came
into a wine shop in Regent-street to which place
they went. I was going to pay for something
when the gentleman with the £7,000 said he would pay. I
only had a glass of sherry which took a great effect. There
was some talk"ng going on about shooting a match. We
went to one billiard room, but there being peoplo there we
did not stay. We then went to some billiard rooms in
Regent-street, where there were no persons. While there
a fourth poison joined them. The one with the
£7,000 then began to play, and the others said he
was a fool. I had my purse, containing £42, at that
time in my pocket. There were three £5 and two
£lO notes in it. Holloway said he was a merchant at
Pimlico. I had taken off any coat and put it down because
I felt so faint. I had occasion to leave the room for two or
three minutes, and on running up to the room I found it in
darkness, and the waiter said that directly I ran down they
left it too. I afterwards went to the hotel, the name of
which Baxter had written on paper, but nothing was known
of him. Last night I met Gray and asked him to have some
wine at a tavern, and then I sent for the police. Some men
then tried to keep me back. Holloway was not there, but
one of the other men looked through the window. After I
had given Gray in charge I went with the constable to
several houses, and in one of them I found Holloway, and
gave him into custody.

Mr. Tyrwhitt—Did I understand you to say that you
drank any of the sherry ?

Pr,secutor—l did. It tasted very unpleasant.
Cross•ezamined by Mr. Abrams—My head was very
much affected by the sherry. I bought nothing at Luton
for cash. I saw Webb and Son, at George-street, Luton,
and gave them an order. I live at the Lower-road, Isling-
ton. I was in Regent-street because I was going to the
London Pavilion. I did not play nor bet. I don't under-
stand either. I did not win Is., and did not offer to bet 3
to 2on one man's playing. I was in Smith's billiard-
room about one hour. I took off my coat for I felt warm.
I saw my purse in the billiard room. Holloway asked me
if I had got £lOO, as one person would bet £5OO. The
purse was in the coat pocket. The foreigner was in the
company of the others all the time. He is no friend of
mine—he is a friend of theirs, most likely, I was quite
sober when I first saw the foreigner---I had some brandy
at the Pavilion, but that took no effect. Lam certain Gray
fetched the others. We all drank together.
Mr. Tyrwhitt —But I suppose they did not drink out of
the same glass as you did.
Prosecutor—They did not.

By Mr. Abrams—One of the men said they were going
to see the Poses Plastiques, and that was why I went with
them. They talked about shooting for umbrellas. I did
not speak to the waiter.

_
Mr. Lewis—l will now ask you for a remand.
r giyur their
was
company.
Remanded.
Mr. Abrams—ls there any case for a remind, your wor-
ship. There is no proof that prosecutor had his purse.
His instructions were that prosecutor played and wagered.
Mr. Tyrwhitt--I must remand them. It was clear that
theteforeigner
he fished up the others, till, a party
' son, and then
got together, and
p
h
pros ecuto prosecutor shhaedd uo
thehClergyman's"
s money

The wife of a gentleman's coachman, named Gar-
rett, was delivered on the 29th of November, at Cranfield,
of four girls, three living and one dead; two have since
died ; the fourth is thriving, and likely to live. The mother
is doing well.

THE TEA TRADE, Dec. B.—The deliveries in Lon-
don estimated for the week were 982,6611 b., which is an in-
crease of 7,1811 b., compared with the previous statement,