The Sun.
London, England, 1853-01-24 00:00:00

COURT OF QUEEN'S BENCH—JAN. 22.
~)re Lord Campbell, Mr. Justice Coleridge, Mr.
Justice Wightman, and Mr. Justice Erle.)
F.l QUEEN (ON THE PROSECUTION OF DR.
ACHILLI) V. DR. NEWMAN.
Mr. Baddeley followed Mr. Sergeant Wilkins on the
une side, and concluded the case.
Lord Campbell intimated that the Court would take
me to consider their judgment.

PREROGATIVE COURT.—JA...v. 22.
(Before Sir John Dodson.)
GILBERT (ADMINISTRATRIX) v. HAIIiMOND.—SINGULAR
CASE.
This was a matter of proof in solemn form of law ol
will of Miss Margaret Creak, late of the city of
; and the probate was opposed by Mr. Ham-
2-,,nd in right of his wife, who was cousin to the de-
e. sed and nearest of kin.
The testatrix was a person of advanced years and of
-nitric habits. In the year 1842, her sister Sarah,
an old maid, and with whom she had resided, died,
her a property amounting to upwards of 14,000/. ;
-id from that period to the time of her own death, which
recurred on the sth of June, 1850, she had lived aione.
appears to have been very ignorant and of very
refined tastes and conversation. Her reputed
ti th had caused her to be much courted by a
.eer of persons, who claimed to be her rela-
. and on market days they endeavoured to
itiate her by presents of eggs and chickens, and
tike rural offerings. The testatrix used very gra-
,..cisly to receive these gifts, but she used always to ac-
t )napany the act with a repudiation of her soi disant
ingsfolk.. For many years before her death a neigh-
! :a- of hers, Mr. Woolner, a chemist, was in the habit
'raying her great attention, and transacting her affairs
her: and after her demise a will was propounded by
.d, of which the following is a verbatim copy :
" The last Will and Testament of me Margaret Creak
the City of Norwich spinster. I bequeath to the
i2ouseless in London Ireland and Scotland of each Fifty
ouhds I give the following Legacies to Anne Colsey of
6. Andrew's Twenty Pounds to Ann Clarke of St. An-
rdw's Five Pounds five Shillings to Margaret Mills of
Martin's Two pounds ten shillings to Mary Simpson
T:verity-one shillings and to each of my relatives the
sum. of one shillings if they prove it I leave all my
real estate .for the purpose of building an Hospital
for destitute, Foreigners (not under the age of Sixty-
eityht years) Men and Women The Men to wear blue
C,;ats and Trousers and yellow waistcoats and black
ons—The women's dress to be purple stuff shot
orange checked aprons and handkerchiefs. I wish
a stone to be placed on the building—This Hospital was
erected by the Misses Creaks of Saint Andrew's Nor-
wich. I leave all my personalls of whatever description
to Mr. John Woolner of Norwich Druggist to whom I
appoint Executor.
"The following is a description of my property an
Estate facing St. Andrews Hall Garden lately occupied
by the Rev. Norris deceasei one lately occupied by
Arr. John Mallett one by Mr. Joseph Colman
.!. one by Mr. Lancelot Dashwood with a thorough-
fare opposite St. Michaels-place Churchyard a red
br::,zed House facing the East End of St. Andrew's
tur:.thyard occupied by Mr. Campbell houses
occruied by Mr. Roberts the Town House Tavern
pied by Mr. Stafford and now let to Youngs and
-Leath Brewers King-street a red Bricked house occupied
by Mr. John Staff Solicitor facing the North Side of St.
A2ulrews Church and a red bricked corner house occu-
pied by myself Ann Colsey and Mr. Esam if these three
houses should at any time be pulled down I request that
they shall be rebuilt as they now are low and the fronts
White Washed. Five house down to the Red Rion with
rightaway to the Street a red bricked house facing the
South of St. Georges now occupied by Mr. Skepper and
Mr. Charles Daniells Cottages in Fishgate Street, St.
Clements with a rightaway to the River the East Cot-
t:-,,ges in St. Augustines in a Yard called the boats Mans
Call with privy and with a piece of ground attached.
" Besides property in the Three and Three-and-Half
per Cents. property in Gurneys' Bank and the East of
_England Bank Norwich Mortgage on a house lately oc-
cupied by Mr. Charleswood facing the West end of
St. Andrew's Church Yard Five hundred pounds in the
Louse.

"January 13th 1844
" MARGARET CREAK,

" Witness
"George Chatter,
"surgeon.
"John Hughes Hulme."
The real estate left by the testatrix turned out to be
worth about 5001. a year, and the personalty amounted
to 30,000/. When the disposition of the property be-
came known a great number of ramous imputing foul
play to Mr. Woolner were put into circulation ; and they
arpea.red to have had such an effect upon his mind that
he committed suicide. The case set up on behalf of the
next kin was that Miss Creak was a person of intoxi-
catod habits and had signed the will (which was in the
hand Writing of Mr. Woolner), while she was not in a
condition to understand its purport. On the other hand,
there were various allegations in support of the docu-
ment ; amongst others a statement by Mr. Lancelot
Dashwood to the effect that prior to 1842, he was a fa-
vourite of the deceased; but that having in that year
rilnrrie'd contrary to her wishes she had become exceed-
-si,gly incensed at him. She called him a viper, and said
that she meant to make Woolner a gentleman ; that he
would see Woolner riding in his carriage; and that he
would be glad to touch his hat to him. In 1849 Mr.
Woolner having been a successful candidate for a seat in
t;,e city council, she appeared to be greatly pleased, and
sent money out to a band before her door, whom she
dared to play "See the conquering hero comes." A
-,•riety of other circumstances in support of the will
,-e also proved in evidence.
Ors. Jenner and Bayford appeared in support of Mrs.
• )ert's claim, and the Queen's Advocate (with whom
•„, Dr. Robertson) argued at great length against it.
.--Ar John Dodson reserved his judgment.

DARTFORD PETTY SESSIONS—Jan. 22.

03eFoi:e Sir P. H. Dyke, Bart., and J. Malcolm, Esq.)
SMOKING IN RAILWAY CARRIAGES.
Mr. William Curtis Edmonds, a gentleman, residing
No: 4, Whitehall-place, Gravesend, and holding an
al first-class season ticket on the North Kent Rail-
was summoned at the instance of the South-
:: -,tern Railway Company, for smoking tobacco while
in a first-class carriage, contrary to one of the
b, /-I.,we of the company, which we give in full for the
inign 'nation of our readers. The clause is as follows :
--" Smoking is strictly prohibited, both in the
e:, criages and in the company's stations, and every
is rsons persisting in smoking tobacco in a ear-
-1 or station, after being warned to desist by the
guard in charge of the train, or any officer of the cora-
l- alpir, shall, in addition to incurring a penalty not ex-
c (..cling 405., be immediately, or, if travelling, at the first
Gpportunity, removed from the company's premises."
ler. Church attended, On behalf of the company, to
prosecute the case. He said that in consequence of the
extent in which smoking was now carried on on the North
li..ent line, the directors had come to the determination
to put a stop to it, and had accordingly given the
n,;cossary directions to the guards to watch. In this
case the gentleman summoned, who did dot intend to
(:ispnte the fact, was travelling in a first-class carriage,
orl the North Kent line, on the night of the 20th of
becemher last, and was observed by the guard of the
train to be smoking between Erith and Gravesend,
::std he was told on the train stopping at one of the
stations to put the cigar out. Defendant apparently
did so, tut as soon as the train had started again, the
.I:;:_zard discovered that he was still smoking, and an in-
formation against him under the company's bye-law was
({eyed "to be laid.
The bench said the practice was increasing, to the
'..rs2ftt annoyance of all the passengers, especially ladies,
,:“1 the chairman observed he could not get ladies to
ra ; el by this line.
phurch also said that the defendant had called
up.,n him last evening, stating that he intended to admit
the offence, and requested that the full penalty might
rot be pressed, but as he (Mr. Church) had not had an
l?ppr)rtunity of consulting the directors, he must leave it
Mt the discretion of the bench.
2,1 r. Edmonds here said that no one was in the car-
alai. 1 he thought he might he did not wish
Lo (-LAl:Rite-the fact that he did so.
P.llonds was ultimately fined 10s., and the ex-
Pel;"es ias., which he immediately paid.
,Church requested thit half the penalty,' which
went to the informer might be applied to the poor-box.
mcitiey was tI la the court.--.......2L_Kent8-! mercury.
e y handed over to a poor woman