The Sun.
London, England, 1862-12-11 00:00:00

100
20.11

THE SUN, LONDON, MIMS )AY } 4.: VEINING, DEcgmBER, 11, 1862.

LAW-THIS DAY.

POLICE---THIS DAY.

COURT OF PROBATE-
DAVEY V. COMBER AND WIFE'

MARLBOROUGH-STREET.

In this case the plaintiff, as sole surviving executor, pro-
pounded the will of his brother-in-law, Mr. Allan Brown,
who had formerly been a grocer at Newick, near Lewes, in
Sussex, and died on Oct. 3, 1861. The plaintiff, who had
married a daughter of the deceased, had been joined in the
executorship with a Mr. Beard, another son•in law of the
deceased, who died subsequent to the commencement of
the suit. The defendants are the daughter of the deceased
and her husband, and they opposed the will on the ground
of informal execution and undue influence on the part of
the plaintiff. It appeared that the deceased was about 75
years old at the period of his death, and that in the year
1853 his intellect became affected, and it was found necessary
to place him at Grove Hall, a lunatic asylum at Bow, where
he was detained until March, 3855. During his confinement
his wife and the female defendant, who was then unmar-
ried, carrried on the business together until 1854, when the
former died, and the business was conducted solely by the
daughter. On being released from the lunatic asylum the
deceased did not resume his business, but went on a visit
to different relations, and in April, 1855, he instructed his
solicitors at Lewes to draw up a power of attorney, enabling
his two sons-in-law to dispose of his business at Newick,
and on that disposal having been effected he took a house at
Worthing, in Sussex, where he resided until his death.
The female defendant lived with her father until 1856,when
she married, but his daughter Laura remained with him up
to the time of his demise in 1861. The deceased left four
daughters beside the female defendant, and a son, who, it
appeared had married in 1852 a woman considerably his
senior, and shortly afterwards went to America, since which
time nothing had been heard respecting him. According to
the statement of the plaintiff the property of the deceased
was £1,500, but the defendants asserted that it was consi-
derably more, and by the will in dispute he left the female
defendant only £4O, and one-fifth of his property in trust
for his son, but in the event of his death it was to be divided
amongst his other children. The remainder of his property
he divided equally amongst his other children.
At the close of the plaintiff's case yesterday, Sergeant
Ballantine, who appeared for the defendants, said he should
be able to establish that the deceased laboured under delu-
sions relative to his wife and Mrs. Comber which would
leave no doubt as to his insanity, and he would also prove
that the doctor of the asylum where he was confined did
not consider him entirely recovered when he was removed
from his care. He tieetndingly rallpd
Mrs. Comber, who stated that the testator was quite
childish when she saw him 12 months after her marriage.
This morning the witness underwent a very searching
cross examination, but the result was that she proved the
testator to be a person of unsound mind, The property in
question she believed amounted to about £l,BOO.
William Comber, said he had formerly lived as
shopman to the testator. He was always a person of
eccentric habits. During the latter portion of the
time he resided with him, he used to put offensive mat-
ter on his (witness's) coat, and then used to call him
Old Stink He frequently used to ask the last witness and
one of her sisters whether they had anything to do with
Old Stink. He considered him a person of unsound mind.
Thomas Rose, another person who had been in the tes-
tator's service, also deposed to his being a person of very
eccentric habits.

WESTMINSTER.

Mr. Riebard Vincent, medical gentleman, said he had at-
tended to.testator in 1852. He was then in a very bad state
of mind, and finally it was thought most desirable to Bend
him to a lunatic asylum.

The ease will not terminate today.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE ILINE.

This bankrupt was an undergraduate at Older], and he
now applied to be released from custody. His debts are
stated as about £2,000, and the only assets is a reversionary
interest of the value of about £1,500 on the death of his
mother.

Mr. Brough and Mr. Kent opposed for creditors on the
ground that the bankrupt had obtained credit, his only
prospect of payment being the interest in question.
His Honour did not consider this was a case coming
within the meaning of the act, and granted the release.

(Before Mr. Commissioner Goulburn.)
IN RE T. F. V. SMITH.

This bankrupt had come over from St. John's, New
Brunswick, on affairs connected with the International
Exhibition, but was arrested as he was on the point of
returning, and his property at St. John's had been seized
by creditors there. _

THE POOR GAROTTER.

The debts are stated at £5,300 ; assets, £6,000.

(From Punch.)

After some discussion, it was agreed that the bankrupt
should have protection and proceed to St. John's to see
whether them, would be any surplus after administration in
the colony.

The poor Garotter, fierce, and rude,
How shall we soften that man's mind,
Reclaim him to a milder mood,
And teach him to be good and kind ?
Oh I let us send him to a place,
Of refuge, not to call it gaol,
And treat with gentleness his case,
For fear severity might fail.

SIIERIFFS' COURT.
(Before Mr. Kerr.)
THE LATE UNFORTUNATE MRS. ELMSLIE'S ESTATE.

BALDWIN V. KOWARD.

This was an application for a new trial, Mr. Ashley, of
Charles-square, Hoxton, appearing for the plaintiff, and
Mr. Besley for defendant,
Mr. Besley said his client was mortgagee of some houses
on an estate known as the Elmslie estate. His Honour
might remember that some time ago Mrs. Elmslie was bar-
barously murdered, and from that time the name of the
Elmslie estate had applied to the property belonging to 'the
unfortunate lady. Now plaintiff had teeovered a verdict in
the former action on the evidence of a Mr. Aubrey, the
defendant's surveyor, who admitted to some extent ordering
certain work on the part of the defendant. Mr. Aubrey on
referring to letters would contradict his former evidence,
and as the money was in court no harm could be done by
granting a new trial.

We'll clothe him warm, and feed him well,
If not on sausages and tripe,
Though against beer we close his cell,
And wean him from his nasty pipe :
Give him good books and tracts to read,
And teach him texts on texts to string,
Repeat his prayers, recite his creed.
And psalms and hymns with unction sing.

We'll practise him in heaving sighs
Remorseful, and compunctious groans.
We'll school him to upturn his eyes,
In going on his marrowbones,
To use the pocket handkerchief,
Snuffle, and blow his nose, and weep,
We trust we've changed this blessed thief
Out of a wolf into a sheep.
In healthy, not excessive, toil,
His strength we'll use him to exert,
His easy labour shall not spoil
His hands; for he must not be hurt.
And oh I on no account the Cat
Across his shoulders would we lay.
Score naughty soldiers' back with that;
The poor Garotter never flay.
Corrected, chastened, and subdued,
Converted, rendered meek and mild,
Repentant, humbled and renewed,
In brawny form a little child,
The period of his sentence o'er,
Not half, we'll pity and forgive,
Bidding him go and rob no more,
But like a Saint in future live.

His Honour did not see how he could do so. It was per-
fectly clear that Aubrey had admitted having ordered the
work.

Mr. Ashley—And he was defendant's witness.
His Honour—Yes. I must refuse the application with
costs.

MARKETS-THIS DAY.

MARK-LANE.
'Mr ERIAL WEEKLY AVERAGES. Wheat, 463 9d;
barley, 34s 10d ; oats, 20810 d ; rye, 348 Od ; beans, 38s Od ;
and peas, 40s Od.

THE SIR WEEKS' AVERAGES. - Wheat, 48s sd;
barley, 35s 6d ; oats, 21s 2d ; rye, 328 9d; beans, 39s 2d;
peas, 41s Bd.

ENGLISH GRAIN SOLD LAST WEEK.—Wheat, 83,231;
barley, 126,747 ; oats, 16,641; rye, 77 ; beans, 4,492 ; peas,
2,351 quarters.

Ah I what if he resume the track
Of crime, which he before had trod,
And if again we had him back,
Within a month or kO, in Quod ?
Then, how are we, whose hearts have gushed
Towards this brute, with overflow,
To cure the throat his gripe has crushed,
Or cranium fractured with his blow ?

METROPOLITAN CATTLE MARKET.

With beasts the market to-day was tolerably well, but,
not to say heavily, supplied, the time of year considered
and their general quality was good. Prime Scots, Downs,
shorthorns, Lee., commanded a steady sale at full prices, the
top quotation being quite 58 per 81bs ; but inferior beasts
moved off slowly at late rates. Although the supply of
sheep was small, the mutton trade was in a sluggish state,
on former terms. The best Downs sold at 513 8d per 81bs.
Calves, the supply of which was limited, moved off slowly
at late rates, via., from 3s 6d to 4s 6d per 81bs. The dead
markets being heavily
supplied, pork was very dull, and
4d per 81bs. cheaper. In milch cows scarcely any business
was transacted.

Per Sib. to si
s. d. s. d.,
Crse. &inf. beasts 3 3 6
4 4
Second quality do. 3 8 0
Prime large oxen 4 2 4 8
Prime Scots, &c. 4 10 5 0
Crse. & inf. sheep 3 8 4 0
Second quality do. 4 2 4 8
Suckling calves, lOs to 20s
18s to 275.

the offal.

8. cl. 8. d.
Primecrs-wool d 0.4 10 5 4
Pine. S'thdown do .5 6 5 8
Large orse. calves 3 6 4 2
Prime small do 4 4 4 6
Large hogs 3 4 4 0
Small porkers ... 4 2 4 4
; and quarter-old store pigs,

TOTAL STIFFLY.
Beasts
Cows l4O
Sheep
Calves
Pigs. MO

FOREIGN SUPPLY.
Beasts
Sheep
Calves
Pigs

ME AT MARKETS.

NEIVOITE AND LEADENHALL.—The supplies of meat
are moderately extensive, and the demand is inactive, as
follows :--Beef, from 2s 6d to 4s Od , mutton, 3s 4d to 4s
6d ; veal, 3s 8d to 48 4d ; and pork, 38 4d to 4s 4d per 81bs,
by the carcase.
SOUTHALL, December 10.—The supply of stock here to-
day was only moderate, and the trade ruled inactive, as
follows'—Beef, from 3s 6d to 5s Od; mutton, 3s 10d to
5s 6d; veal, 3s 8d to 4s 6d; and pork, 3s 6d to 4s 4d per
81bs, to sink the offal.
ROMFORD, December 10.--Prime beasts and sheep were
in fair request at full prices ; otherwise the trade was in a
sluggish state. Beef, from 3s 8d to 6s Od; mutton, 3s
10d to 5s 8d ; veal, 3s 8d to 43 6d ; pork, 3s 8d to 4s 6d
per 81bs; suckling calves, lOsil eto 10w8
8s;, quarter-toldilstB Osore
pigs,each. 18s to 28s each; and rah 0

MIDNIGHT MARAUDEBS.—Two well-known thieves,
named John Bartram and William Donovan, were charged
before Mr. Knox with loitering about St. Martin's•court,
for the purpose of committing,-a felony.
From the evidence of William Gordon, a very active plain
clothes officer of the C Division, it appeared that at a late
hour the previous night, in St. Martin's-lane, he otserved
the prisoners walking down the lane apparently drunk, and
staggering about. Knowing them as thieves he watched
them, and saw them go into several different places, most
of the time pretending to be drunk and rolling about.
Donovan then left Bartram and followed a person carrying
a black travelling bag. Cook, 186 C, then came up, when
the prisoners, catching sight of him, they shook hands with
each other, and then ran away, one towards the " Dials,"
the other in the direction of Charing-cross. They (the
officers) then pursued them and took them into custody.
In answer to Mr. Knox, Gordon said that Bartram was
convicted at the Westminster Sessions in 1860, and sen-
tenced to 12 months' imprisonment for being found in pos •
sessions of housebreaking tools. He also knew Donovan
as a thief, and he had been convicted for being concerned
with others in stealing a publican's watch. Donovan was
the brother;of the man who had been charged at Bow-street
with a garotte robbery.
Cook, 106 C, confirmed Gordon's evidence, and said that
on the way to the station Bartram threatened to knock his
eye out.

Donovan said he was not allowed to earn an honest
living.

Mr. Knox said there could be little doubt about their
object. They were seen walking about apparently drunk,
and yet turned out to be sober, and they were known bad
characters. He should commit the prisoners for three
months each with hard labour.

Bartram nodded in a menacing manner to Gordon as ha
was leaving the dock.

THE DISAGREEABLE SURPRISE.—CHAPTER THE SE-
COND.—Mary Ann Everett was brought from Walton-
street station-house, charged with going to the house of her
daughter's husband and creating a disturbance.
The daughter was sworn, when it was stated to the magis-
trate that the defendant had been yesterday charged by the
former's husband, a Mr. Craven, of St. Michael's-place,
Pimlico, with making a serious disturbance at his house on
Tuesday night, and was required yesterday to enter into
recognizances to keep the peace.

Complainant said—l charge her with creating a great
disturbance at my house last night. She is my mether,and
I have had a great deal of unhappiness through her, and she
has made much misery between myself and husband. She
has been cautioned not to come, but she persists in doing so,
and coming yesterday behaved so bad that I was obliged to
give her into custody.

Mr. Paynter—What is the cause of her making a dis-
turbance ?

Complainant—She is a great drunkard unfortunately,
and her family from her misconduct, which has long con-
tinued, have been ashamed of her. My hus band is natur-
ally much annoyed at her coming to the house and creating
this disturbance, and I fear that I shall be parted from him
if it continue. She has come to my house and demanded
money, which I gave her.

Defendant—l went to the house yesterday after I was dis-
charged; I only went to get a frock to put on, for my own had
been torn off my back. I've not had bite or sup in my
mouth since Monday.
Mr. Paynter—You don't expect I believe that, do you?
Defendant—lt is true.
Mr. Paynter—Has she any more children ?
Complainant Yes, three others.
Mr. Paynter—And a husband ?
Defendant—Yes, I have a husband.
Mr. Paynter—lf you want money, why don't you go to
him ?
Defendant—He has left me these nine years.
Mr. Paynter—What is he ?

Defendant—A coach-horse proprietor, I have not seen
him for years.

Mr. Paynter—You must not go and annoy your daughter
and her husband ; it cannot be permitted. If you want
support you must obtain it from your husband ; and, if he
refuses, you can go to the parish officers and they will com-
pel him. You must find a surety in X 5 or be imprisoned
for seven days.
Sho was committed.

A " VERY" STRANGE STORY.—A very singular
occurrence is reported to have happened in the North Sea a
few days ago. On the 2d inst. the steamer Jutland, of
Hull, Captain Watson, while on her passage from Pillau,
was caught in a storm. A sea struck the vessel, and a
goose belonging to Mr. Tate, the second engineer of the
Jutland, and which had a label tied to its leg bearing the
owner's name and address, was washed overboard. The
poor bird was carried away and lost sight of. It appears
that some time afterwards it was devoured iby a shark.
Subsequently the shark was entrapped in the traul of the
fishing smack Violet, of Hull. On the net being hove in
the monster was opened and the lost bird was found in its
stomach. Observing the label on its leg, the captain of the
smack determined to take care of it until he got home. On
his arrival at Hull on Saturday ho went to the address in-
dicated on the label presented the goose to the engineer,who
was naturally astoundod to see the lost bird. Hcshowovor,
recovered his surprise as well as his property, took it home
and had it cooked for dinner on the following day, and pro-
nounced the twice eaten biped to be excellent.
FATAL ACCIDENT ON THE LONDON, CHATHAM,
AND DOVER RAILWAY.—An inqueat was held at Chatham
yesterday evening by Mr. T. Hills, the coroner for that
borough, on the body of Edward Tanser,aged 37 years,who
met with his death on the London, Chatham, and Dover
Railway under the following circumstances :—The deceased
was the head guard of the up luggage train, which was due
at Chatham shortly after 11 p.m. On arriving at the New
Brompton station it was found necessary to remove two of
the trucks and put on two others, for which purpose the
train had to be shunted. The night was rather dark, and
.while the deceased was engaged in superintending the
shunting he was caught between the buffers of one of the
trucks, as he was found lying on the line after the train had
removed. The unfortunate man was at once taken to Chat-
ham, where he lingered in great agony until the following
morning, when he expired, previous to which he informed
his wife and the police-constable that no one but himself
was to blame for the accident. The jury returned a verdict
of " Accidental Death."
_e

GASLIGIIT IN RAILWAY TRAINS.—The system of
lighting railway carriages with gas according to Newall's
patent has been introduced upon the Scottish Central Rail-
way. The first gas-lit train left Edinburgh on Monday
evening for Penh, the whole of ..the carriages being bril-
liantly lighted by means of pipes with expanding (couplings
carried from roof to root) communicating with the reservoir
placed in a specially constructed compartment of the guard's
break-van. Throughout the journey the lights remained
perfectly steady and clear, and the passengers were much
gratified with the successful introduction of this vastly
superior method of illumination. The evening train on
Tuesday was lit in the same manner; and should the pre-
sent trial be satisfactory, it is expected that the system will
be extended to the other night trains on the line, and. pro,
bably introduced on the neighbouring railways.
line evidence adduced in the late turf disputes
is described as being " unstable." Rather a strange adjec-
tive for such a very "horsy" affair,—.Fun,