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

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH--JAN. 22.
(Before Lord Campbell, Mr. Justice Coleridge, Mr.
Justice Wightman, and Mr. Justice Erle.)
THE QUEEN (ON THE PROSECUTION OF DR.
ACHILLI) V. DR. NEWMAN.
Mr. Baddeley followed Mr. Sergeant Wilkins on the
same side, and concluded the case.
Lord ampbell intimated that the Court would take
time to consider their judgment.

PREROGATIVE COURT.—JAN. 22.
(Before Sir John Dodson.)
GILBERT (ADMNISTRATBLX) V. HAMXOND.-BINGICILAB

CASE.
This was a matter of proof in solemn form of law of
the will of Miss Margaret Creak, late of the city of
Norwich ; and the probate was opposed by Mr. Ham-
mond in right of his wife, who was cousin to the de-
ceased and nearest of kin.
The testatrix was a person of advanced years and of
eccentric habits. In the year 1842, her sister Sarah,
also an old maid, and with whom she had resided, died,
leaving her a property amounting to upwards of 14, 0001.;
and from that period to the time of her own death, which
occurred on the sth of June, 1850, she had lived alone.
She appears to have been very ignorant and of very
unrefined tastes and conversation. Her reputed
wealth had caused her to be much courted by a
number of persons, who claimed to be her rela-
tives ; and on market days they endeavoured to
propitiate her by presents of eggs and chickens, and
such like rural offerings. The testatrix used very gra-
ciously to receive these gifts, but she used always to ac-
company the act with a repudiation of her soi disant
kingsfolk. For many years before her death a neigh-
bour of hers, Mr. Woolner, a chemist, was in the habit
of paying her great attention, and transacting her affairs
for her : and after her demise a will was propounded by
him, of which the following is a verbatim copy :
" The last Will and Testament of me Margaret Creak
of the City of Norwich spinster. I bequeath to the
Houseless in London Ireland and Scotland of each Fifty
pounds I give the following Legacies to Anne Colsey of
St. Andrew's Twenty Pounds to Ann Clarke of St. An-
drew's Five Pounds five Shillings to Margaret Mills of
St. Martin's Two pounds ten shillings to Mary Simpson
Twenty-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-
eight years) Men and Women The Men to wear blue
Coats and Trousers and yellow waistcoats and black
buttons—The women's dress to be purple stuff shot
with 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 personally 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 deceased one lately occupied by
Mr. John Mallett one by Mr. Joseph Colman
and one by Mr. Lancelot Dashwood with a thorough-
fare opposite St. Michaels-place Churchyard a red
bricked House facing the East End of St. Andrew's
Churchyard occupied by Mr. Campbell houses
occupied by Mr. Roberts the Town House Tavern
occupied by Mr. Stafford and now let to Youngs and
Beath Brewers King-street a red Bricked house occupied
by Mr. John Staff Solicitor facing the North Side of St.
Andrews 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
a 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-
tages 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 Nerwich 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
house.

"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 30,0001. When the disposition of the property be-
came known a great number of rumour imputing foul
play to Mr. Woolner were put into circulation ; and they
appeared 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-
cated habits and had signed the will (which was in the
handwriting 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
married contrary to her wishes she had become exceed-
ingly 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
the city council, she appeared to be greatly pleased, and
sent money out to a band before her door, whom she
' ordered to play "See the conquering hero comes." A
variety of other circumstances in support of the will
were also proved in evidence.

Drs. Jeimer and Bayford appeared in support of Mrs,
Gilbert's claim, and the Queen's Advocate (with whom
was Dr. Robertson) argued at great length against it.
Sir John Dodson reserved his judgment.

DARTFORD PETTY SESSIONS—Jan. 22.

(Before Sir P. H. Dyke, Bart., and J. Malcolm, Esq.)
SMOKING IN RAILWAY CARRIAGES.
Mr. William Curtis Edmonds, a gentleman, residing
at No. 4, Whitehall-place, Gravesend, and holding an
annual first-class season ticket on the North Kent Rail-
way, was summoned at the instance of the South-
Eastern Railway Company, for smoking tobacco while
travelling in a first-class carriage, contrary to one of the
bye-laws of the company, which we give in full for the
information of our readers. The clause is as follows :
—" Smoking is strictly prohibited, both in the
carriages and in the company's stations, and every
person persisting in smoking tobacco in a car-
riage or station, after being warned to desist by the
guard in charge of the train, or any officer of the com-
pany, shall, in addition to incurring a penalty not ex-
leeding 405., be immediately, or, if travelling, at the first
opportunity, removed from the company's premises."
Mr. 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
Kent line, the directors had come to the determination
to put a stop to it, and had accordingly given the
necessary directions to the guards to watch. In this
case the gentleman summoned, who did dot intend to
dispute the fact, was travelling in a first-class carriage,
on the North Kent line, on the night of the • 20th of
December last, and was observed by the guard of the
train to be smoking between Erith and Gravesend,
and he was told on the train stopping at one of the
stations to put the cigar out. Defeadant apparently
did so, but as soon as the train had started again, the
guard discovered that he was still smoking, and an in-
formation against him under the company's bye-law was
ordered to be laid.
The bench said the practice was increasing, to the
great annoyance of all the passengers, especially ladies,
and the chairman observed he could not get ladies to
travel by this line.
Mr. Church also said that the defendant had called
upon him last evening, stating that he intended to admit
the offence,
,and requested that the full penalty might
not be pressed, but as he (Mr. Church) had not had an
opportunity of consulting the directors, he must leave it
in the discretion of the bench.
Mr. Edmonds here said that no one was in the car-
riage, and he thought he might smoke; he did not wish
to dispute the fact that he did so.
Mr. Edmonds was ultimately fined 10s., and the ex-
penses 135., which he immediately paid.
Mt. Church requested that half the penalty, which
went to the informer, might be applied to the poor-box.
The money was ultimately handed over to a poor woman
in the court.—Kentish Mercury.