The Sun.
London, England, 1865-11-04 00:00:00

THE SUIN, LONDON, SATURDAY EVEN! q, NOVEMBER 4, 1865.

LAW INTELLIGENCE.--This Day.

COURT OF PROBATE AND DIVORCE.
(Befor© Sir J. P. Wilde.)
EDWARDS V. EWER-EXTRAORDINARY WILL CASE.

This was a suit promoted by the plaintiff, a sailor, who
had formerly been on board the Miranda, man-of-war, to
establish the validity of a will alleged to have been duly
executed by a Mrs. Edwards, who had lived at Copen-
hagen-street, Islington, in the same house with the
plaintiff.
Dr. Travers Twiss, Q.C., and Mr. Clarkson, were coun-
sel for the plaintiff, and Dr. Tristram appeared for the
defendant.

From the evidence it appeared that the testatrix was a
widow, and that during the lifetime of her husband the
plaintiff had been employed by him as a carpenter. She
had no family, and according to the statement of one of
the witnesses had been at variance with her relations for
some yeaas prior to her decease, and was heard to say that
she would leave her property to the plaintiff in consequence
of the unkindness of her own family. She died possessed
of about £350, the bulk of which she left to plaintiff,
whom she appointed sole executor. She died in January,
18G5, a short time subsequent to the execution of the will
in dispute, which she had re-copied by the plaintiff after
he had enlisted and when on board the Miranda. The
testatrix was unable to write, and the attesting witnesses
were in the same condition, so that they had to affix their
mark to the will, which was in the handwriting of the
plaintiff. The plaintiff served during the Crimean war, and
on his return to this country in 1855, he became acquainted
with the fact that the testatrix had died, upon which he
commenced, according to his statement, to adopt proceed-
ings to prove his claim. The defendant was the niece of
the deceased, and pleaded that the will was not duly exe-
cuted, and unnecessary delay in the prosecution of the suit
All the attesting witnesses were dead, and it was elicited
in the course of the evidence that one of them, of the
name of Tubbs, was described as belonging to the 2d
battalion of the Coldstream Guards, but on reference to the
list of privates at the date in question there was no such
man.

The learned judge, in delivering judgment, went care-
fully through the facts of the case, which, he remarked,
presented some very peculiar features. The court in this
instance was not called on to pronounce on the question as
to whether or not a fraud had been committed by the pro-
pounder of this will, but the question to be decided was
whether the evidence he had called in support of the in-
strument was sufficient. The property of the deceased
would have gone to her relations in the event of hor hav-
ing died intestate, and the onus probandi devolved on the
party propounding the will. It was indispensable that the
evidence called in support of the will should be of the most
satisfactory character, which was not the case in the pre-
sent instance. In the first place, there was not a scrip of
writing in the document but that of the plaintiff, who
drew up the will himself, and carried it about with him
until he commenced proceedings; it being remembered
that, with the exception of some trifling legacies, the whole
of the deceased's estate was left to him, and that he was
appointed sole executor. His lordship having referred to
the constitution of the old court, and to the vigilance
it exercised in regard to the circumstance of the custody of
a will even when a testator could write. That vigilance
was founded in wisdom, and should be particularly exer-
cised in a case like the present. Under all the circum-
stances he felt bound to refuse probate of the will.

Mr. Tristritn applied for the costs.
His lordship said that he did not feel bound to make any
order on that point.

POLICE INTELLIGENCE,—This Day,

MARLBOROUGH-STREET.

A SCENE IN THE HAYMAHKET.—ReginaId Johnson, of
14, Pakenham-street, King's-cross ; Thomas Smith, 13,
Jewin-crescent, Aldgate-street, City ; Daniel Hara, of 6,
Claremont-square ; Theodore Fennell, Bartholomew-close;
and Wm. Jones, 17, Great Coram-street, were charged
before Mr. Barker with being drunk and behaving in a dis-
orderly manner in the Haymarket. Edward Johnson, of
14, Great Percy-street, was charged with being drunk and
assaulting police-constable Reeves, 24 C, and Albert Bus-
carlet, of 78, Guilford-street, Russell-square, was charged
with assaulting police-constable Langham, 108 C.
All the defendants were described as gentlemen, with
the exception of Buscartel, who was described as a doctor,
and who was also charged with attempting to rescue one of
the other defendants from custody.
Lawrence Poole, 305 A, said that at a little after one
that morning ho met five of the defendants walking arm-
in-arm in the Haymarket, and pushing against every one
they came near. He cautioned them, when they all got
round him. Ono of them told him to go to -. The
five defendants, who were all drunk, then walked up and
down the Haymarket, shouting and singing all the way,
and making a great noise. The last time they walked up
the police Inspector Draper and Sergeant "Ward remon-
strated with them, but they would not leave, and they were
obliged to take them into custody.
In answer to one of the defendants, the constable said he
could swear they were all drunk.
Inspector Draper said that about 20 minutes to one that
morning he was in the Haymarket, and saw Reginald
Johnson, Buscarlet, and Edward Johnson coming down
the place. Reginald Johnson knocked his helmet over his
head. Ho cautioned him, and the defendants, who were
all drunk, then went down the Haymarket, shouting and
making a great noise. He spoke to the defendant again,
requesting that they would go away, but about 10 minutes
afterwards he was spoken to by the last witness, and find-
ing the defendants again making a great noise, he, with
the assistance of several constables, took them into
custody.

In answer to Duscarlet the inspector said they were all
walking together—four in front and three behind.

Police-constable Reeves, 44C,sairthat Reginald John-
son said, " Here's the police," and tried to kick him.
He told the defendant ho had better be oareful or he would
be locked up. A little after, seeing the defendant in
custody, he went to assist the police and took Jones,
when Edward Johnson said, " What are you going to do
with my friend," and struck him a violent blow on the
chest. He again said "He (the constable) should not take
Jones," and struck him again, and he then took him into
custody for the assault.
Faulkner, 340 A, corroborated Reeves.
Langham, 108 C, proved assisting in taking one of the
defendanta into custody—the defendants being all drunk
and making a great noise—when Buscarlet came up and
said, "What aro you going to do ?" He told Busearlet not
to interfere, when he replied, "I'm if you take him
(meaning the defendant he had in custody) to the station,
and then pushing him tried to rescue his prisoner.
Buscarlet denied either being drunk or disorderly, and
said he wished to call witnesses.
Mr. Barker fined the whole of the defendants 20s. each,
with the exception of Buscarlet, whose case was adjourned
for a few days that ho might call witnesses.
Mr. Adolphus Murray, who gave the address 1, White-
hall, was charged with being drunk and behaving in a dis-
orderly manner.
326 1, having proved the case, the defendant
1
walllmsofineadnos.

And as compared with the month ending the 15th of
October, 1864, the above returns show an increase of
£1,161,098 in the circulation of notes in England, and an
increase of £1,170,888 in the circulation of the United
Kingdom.
On comparing the above with the fixed issues of the
several banks the following is the state of the circulation:—
The English private banks are below their
fixed issue £1,017,467
The English joint-stock banks are below their
fixed issue ... ... 307,103

Total below fixed issue in England £1,324,570
The Scotch banks are above their fixed issue... 1,766,1 3
The Irish banks are above their fixed issue ... 253,221
The average stock of bullion held by the Bank of Eng-
land in both departments during the month ending the 11th
of Oct. was £13,523,211, being a decrease of £771,938
as compared with the previous month, and an increase of
£451,028 when compared with the same period last year.
The following are the amounts of specie held by the
Scotch and Irish banks during the month ending the 14th
of October :

Gold and silver held by the Scotch banks £2,442,017
Gold and silver held by the Irish banks 2,320,559

£4,762,576
Being a decrease of £307,176 as compared with the pre-
vious return, and an increase of £410,533 when compared
with tb:, corresponding period last year.

FATAL ACCIDENT ON TIIE SOUTH-WESTERN RAIL-
WAY.— On Thursday a fatal accident occurred at Hounslow
railway station. One of the porters, James Wallen, aged
23, was in the act of coupling one of the vans to a luggage
train when by a sudden movement of the train he came
between the buffers and was instantaneously killed.
The deceased was a quiet, civil man, and was much re-
spected.

SPORTING INTELLIGENCE.

LINCOLN AUTUMN MEETING.—FmnAY.

The Blankney Stakes (handicap) of 100 sovs, added to a
sweepstakes of 5 soy; 2 ft to the fund, for all ages ;

winners extra ; second to save his stake.

One mile,

•
subs.
Mr. C. Peek, jun.'s Exceller, 3 yrs, 7st 10lb (Carroll) 1
,
Mr. G. Mather's Papoose, 3 yrs, ist (Elphick) 2
Mr. P. 11. Jennings 's Lady Kinghorn, 3 yrs, Est 121 b

_ .
(J. Grimsbaw) 8
Mr. G. Little's Pegasus (h.b.), 4 yrs, 7st (carried 7st 21b)

_ -
(Dunbar) 4
Mr. Buckley's Wynnstay, aged, Bst 101 b (Britton) 5
Mr. L. Peckitt's 2enobia, 3 yrs, 7st 41b (Gurry) G
Betting-7 to 4 agst Lady Kinghorn. 7to 2 agst Excel-
ler, and 5 to 1 agst Wynnstay.
Won by a head; threelengthsbetween second and third;
a length between third and fourth.

Her Majesty's Plate of 100 gs ; 3-yr-olds, Bst 91b ; four, 9st
71b ; five and upwards, 9st 111 b. Two miles.
Mr. Graham's Regalia, 3 yrs, Bst 91b (Carroll) w. o.
The Lindum Nursery Handicap Plato of 10 sovs, for 2-yr--
olds ; winners extra. Six furlongs.
Mr. C. Peek, jun.'s, Aldcroft, Gst 101 b (Dunbar) 1
Mr. B. E. Dunbar's Tormentor, 7st 31b (inc. 71b extra
(carried 7st 41b) (Loates 2
Mr. R. Osborne's Miss Haworth, Est 81b...(R. Challoner 3
The following also ran : —Retrouss6, Dart, The Danne-
brog, Black Tulip, and Globule's dam filly.
Betting—Even agst Tormentor, 4 to 1 (at first 5 to 2)
agst Aldcroft, 4 to 1 agst Miss Haworth, 5 to 1 agst Re-
trousse, and 10 to 1 agst Dart.
Won by half a length ; a bad third.
The Consolation Scramble (handicap) of 8 sovs each, with
20 added, for all ages ; winners extra. Six furlongs.
Mr. G. Little's Pegasus, 4 yrs, Est 121 b (Gurry) 1
Mr. G. W. Morris's Siva, 4 yrs, 7st 111 b (Whiteley) 2
Mr. Mather's Papoose, 3 yrs, 7st 21b (Elphick) 3
Mr. Kirby's Malta, aged, 7st (Carroll) 4
The following also ran :—Charming Woman, Balder-
dash, Nelly Grey, and Pink.

Betting-100 to 30 agst Charming-Woman, 4to 1 agst
Papoose, 5 to 1 each agst Siva and Malta, and 7 to 1 agst
Pegasus. Won by a length and a half ; two lengths be-
tween second and third; a length between third and
fourth.

The Innkeepers' Selling Stakes of 5 sous each, with 30
added ; weight for age ; selling allowances, &c. One
mile.
Mr. Chaplin's The Turner, (h b), 3 yrs, 7st 121 b (X2O)
(Grimshaw) 1
Mr. L. Peckitt's Mrs. Lirriper, 3 yrs, 7st 91b (.£2O)
(Carroll) 2

Credulity and Missile also ran.

Betting-5 to 2on The Turner, who won by six lengths,
Credulity and Missile were left at the post. The winner
was bought by Mr. Wilkins for 175 guineas.

The Great National Autumn Steeplechase (Handicap) of
10 sovs each, 5 ft, and only 3 if declared, with 80 added;
winners extra ; the second to save his stake. About
four miles. Nineteen subs, eight declared.
Mr. T. Bancroft's Elsham (h b), 6 yrs, lOst 121 b
(Mr. G. Walker) 1
Mr. J. S. Bygott's Bridegroom, (II b), aged, 11st 61b
(Mr. G. Harland) 2
Capt. Machell's Acrobat, aged, list 81b (Captain Smith 3
Mr. Summer's Arlescott, 6 yrs, list 71b (inc. 71b ex.)
(Mr. Rickaby) 4
The following also ran:—Rook tho Gardener, Air:can,
and Harbinger.

Betting.-- 7 to 4 agst,Acrobat, 7 to 2 agst Bridegroom,
5 to 1 agst Elsham, 8 to 1 agst African, and 100 to 8 agst
Harbinger. Won by five lengths; a bad third.

BROOK-HILL (EAST BARNET) STEEPLECHASES,
FRIDAY.

The Stand Plate (Handicap) of 40 sovs; winners extra.
About two miles and a half.
Mr. Ellison's Sportsman (late Zodiac), aged, Ilst._7lb

(Owner) 1
Major Flinche's Objected, 5 yrs, list 71b (B. Land) 2
Mr. B. Land's Stiletto, 4 yrs, lOst 71b (States) 3
The following also ran : Ballycasey, The Rogue, Bravo,
Paleface, Tonic, Brown Bess, and White Surrey.
Betting.-3 to 1 agst Sportsman, 4to 1 each agst Ob-
jected and Ballycasey, 5 to 1 agst The Rogue, and 10 to 1
agst any other offered. Won by four lengths; Stiletto
was a bad third.

A Selling Handicap Steeplechase of 3 sovs each, with 25
added; the winner to be sold for 40 sovs. About two
miles.
Mr. B. Land's Strike, 6 yrs, 12st (States 1
Mr. Riley's White Stockings, aged, list 41b
.(Daniels 2
Mr. Clifford's Diana, 5 yrs, list 4lb (Mr. Castles 3
The following also ran : Idiot, St. Maximus, Scribbler,
Traverser, and Hydrogen.

.Betting: 5 to 2 agst Strike, 4 to 1 agst Scribbler, and
sto 1 bar one. A good race, won by a length and a half ;
the same distance separated second and third. The winner
was not sold.

The Barnet Open Steeplechase (Handicap) of 10 sous each,
5 ft, with 70 added ; winners extra. About three miles
and a half.
Mr. W. W. Baker'slMorocco, 6 yrs, list 21b (Mr. Edwards 1
Mr. B. Land's The Wasp, 5 yrs, list (States 2
Mr. J. Smith's Jack, aged, list bib (Mr. Buckley 0
Betting-6 to 4on Morocco. Won by half a mile.
Jack fell.

A £4O Plate ; weight for age, with selling allowances.

About three miles.

Mr. Clifford's Diana, 5 yrs, 11st slb (£40)...(Mr. Castles) 1
Mr. Tarrant's Cassock, 4 yrs, lOst 101 b (COO) ...(Knight) 2
Mallet and Louth also ran.

Betting-5 to 4on Diana, 2to 1 agst Mallet. Won by
four lengths. The winner was bought by Mr. Handford
for 80 guineas.

A Scurry Handicap Steeplechase, of 3 sovs each, with a
purse added. About two miles.

Mr. Hawkins's The Rogue, aged, 12st 51b (Picket) 1
Sailor and White Stockings also ran.

Betting--5 to 4on The Rogue, 2to 1 bar ono. Won by
a field ; White Stockings bolted, and Sailor was pulled up
after going about a mile.

MARKETS—This Day.

COVENT GARDEN.

Fair supplies of vegetables are on sale, and tho show of
fruit is seasonably good. Most kinds of produce are in
steady request, as follows :
FRUIT—Pine apples, 5s to 8s; hot house grapes, 2s Od to
Gs; foreign do, 9d to is 6d; filberts, 9d to 1s 3d per lb;
apples, is 9d to 3s Gd ; pears, 2s Od to 3s 6d per half
sieve ; lemons, 3s Gd to 8s ; oranges, 14i to 18s ; walnuts,
is to 2s 6d per 100.

- -
VEGETABLES—Red cabbages, is 6d to 3s Od; white do.,
9d to is Gd; celery, 8d to is 9d; horseradish, is to 2s
per doz heads ; greens, 3s to 3s Gd ; turnips, 2s to 3s Od ;
carrots, 4s 6d to 5s 6d per doz bunches ; cucumbers, 6d to
is each.

POULTRY.
Turkeys, 4s to 7s 0d ; Geeso, Gs Od to 8s Od each ;
ducks, 2s Od to 3s Od ; tame rabbits, is 3d to 2s Od ; wild
do., is to is 6d ; pigeons, 6d to 9d each ; pheasants, 3s 6d to
4s 6d ; partridges, is 6d to 2s 3d ; hares, 3s Od to 4s 9d
leverets, 3s Od to 4s Od; woodcocks, Os ; grouse, 2e Od to
3s Od ; snipes, Od to 1s each • Surrey fowls, lOs to 12s ; do.
chickens, 68to 9s ; barn-door fowls, 4s Od to 8s per
couple. English eggs, 12s to 13s ; French do., 8s 6d to
lOs Od per 100 ; Ostend fresh butter, is to is 3d ; English,
is 2d to is 5d per lb.

BILLINGSGATE.
Eels, Od to Os per lb. ; soles, 1s to 58 Od per pair ; cod,
2s Gd to 20s ; brill, 2s 6d to lOs Od ; mullets, 6d to 38 6d ;
doreys, is to lOs ' • turbot, 5s Od to 25s ; lobsters, Os to Os
Od ; crabs, Os to Os Od each ; whitings, 38 to 125 ; had-
docks, 4s to 205 ; smelts 2s 6d per dozen ; common oysters,
008 to 00s ; natives, 004 to 000 s per bushel ; herrings, Os
to 108 ; mackerel, 50s per 120.

P
NEWORT.
Beef, from 3s Od to 4s 6d • mutton, 3s 4d to be 4d ;
Teal, 4s Od to bs 2d; and pork,' 48 6d to 68 Od per Blbs by
the carcase.

WITECHAPEL.
Beef, from as Od to H
4s 6d • mutton 3s 4d to 5s 4d ;
Teal, 4s Od to 52 2d ; and
po'rk, 4s 6d 'to Gs Od per Ms.
by the carcase.

BREAD.
The prices of wheaten bread in the metropolis are from
74d. to Bd. ; of household ditto, 6d. to 7d. per 4lbs. loaf.
HIDES AND SKINS.
Market hides 56 to 64 lbs, 3d to sid. • 44 to 72 lb., 3id
to ;72 to 801bs, 3id to nd ;80 to 881bs., Bid to 4d ;88
to 9tilbs., 4d. to 4id. ; 96 to 1041b5., 4d. to 4td.; 104 to
1121b5., 4id to sd. Horse hides, 9s to 10s Od ; calf skins
(light), 2s to 3s ; full, 88 6d ; polled sheep, 8s Od to lOs Od ;
half-bred; 6s 6d to 7s 6d ; down; 51 Od. to 64 Od.

HAY.
SMITTIFIELD.—Meadow hay, £4 lOs to £5 10s; clover,
LI 15g A
fair to 16 12s 6d; and straw, £1 8s to
£1 16s per load.
demand.
CUMBEMeadow hay, £4 108 to £5 15s; clover,
£4 17s to £6 12s 6d ; arid straw, £1 103 to £1 18s per load.
Trade firm.
WHITECITAPEL.—Meaand stradow hay £4 lOs to £5 10s; clover,
£5 Os to £6 158 Od ; w, £1 84 to Ll 16s per load.
Supply moderate.

COAL MARKET.
Price per ton at the close of the market.
s. d.
s. d.
Holywell Main......... 19 0 Hetton
.. 23 6
West Hartley ........ 18 6 Tunstall
Carway and Dafryn South Hetton
Malting ............... 24 0 Pensher Primrose
Hotspur .. . .......... . .... 19 0 West Lambton 22 6
Walls End Haswell... 23 6 Cassop .
N.S taffordshire .......... 17 6
Ships at market, 46 ; sold, 37.

PLAYING AT TIANGING.—On Monday afternoon,
at Greenock, a boy named M'lnalty, about seven
years of age, nearly lost his life by engaging with other boys
in the foolish prank of playing at hanging. A rude scaffold
having been extemporised in a coal shod, and a rope tied
over a beam, with a noose hanging down, M'lnalty agreed
to personate Dr. Pritchard, while another boy, ten years of
age, officiated as Calcraft. All being prepared, M'lnalty
mounted the scaffold, got his head through the noose, and
When all was in order the other boy knocked away the
scaffold from under him. Tho poor fellow struggled wildly,
his face became black, and so much alarmed the boys that
some of them ran out and got their mothers. One of the
females held the boy up by the feet, being unablo to reach
the rope, while another got up to it by some pieces of
wood. The lad, when got down, was almost dead. He was
carried home, stripped, and put to bed, and restoratives
applied. He gradually came round, but it was some time
before he could speak. Ho was yesterday out of danger.
—Edinburgh Courant.

TIMID EDITION

SUN OFFICE, 6 O'CLOCK.