The Sun.
London, England, 1838-07-19 00:00:00

LAW INTELLIGENCE.

VICE- CHA.NCELL OR' S COL' R7', JULY 18.
SIMES V. DUFF. , .

Mr. KNIGHT BRUCE moved to continle the comteon injunc-
tion to restrain proceedings at law. The plaintiffs were silk-
warehousemen in the City, and the defendants were manu-
facturers in the same trade, to whom the plaintiffs were
largely indebted. In June 1837, the plaintiffs, in consequence
of el.b rras railed a meeting of their creditors, at which
cue the defendants acted as Chairman, when they pripased
to pay their creditors a composition of five shillings in the
[wand. The creditors at length acceded to the proposal,
and the defendants, among others. signed a composition dead.
It i;pp:2lted, however, the •defendants held at the time some
rarities, by a deposit of deeds, for a portion of their debt,
with which the other creditors were not made acquainted;
and, in consequence of their possession of those securities, the
defendants at the same time exacted from the plaintiffs some
private terms which would give them more than ss. in the pound.
The composition had been almost wholly p iid, and the bill
was now filed to set aside the private bargain as a fraud upon
tt.e creditors at large.
His Ilosotut continued the injunction.

PREROGATIVE COURT, JULY 18.
ALLISTON AND BOYMAN V. BOYMAN AND BOYNIANI.
This is a question as to the validity of two testamentary
papers, propounded as additional codicils to the will of the late
Captain Richard Baymm, of Grosvenor-place, Camberwell,
who died on the Tith of November,lB36, at the advanced age
of 92 years. The deceased has left behind him several testa-
mentary papers : an original will which bears date the 11th
of February, 1818, five codicils which, With the will, are
undisputed, and the two papers now beeore the Court, which
arc propounded by Mr. Allistou, one of the executors named
in the will; Mr. Richard Boyman Boyman, the grandson of
the deceased ; and an executor named in one of the undis-
puted papers ; and opposed by Miss Eliza and Miss Mary
Boyman, two maiden daughters of the deceased, the other
executors named in the will. The near relatives of the testa-
tor, who arc more or less benefited by his several testamentary
acts, are his four daughters, the two unmarried already
mentioned, Mrs. Shelley, and Mrs. Pissey ; her son, Mr.
R B. Boyman, who has taken the name of his grandfather,
the testator in the cause, his brothers and sisters, and the sons
awl daughte s of the deceased's other married daughter, Mrs.
Shelley, and their children, the testator's great grand children.
The original will, dated in 1818, having bequeathed various
legacies, gives the residue in trust to the executers, to be
divided into four parts, each daughter taking an equal share;
and of which paper Mr. Alliston, the confidential solicitor
of the deceased, and his daughters, the Misses Boyman, are
executor:. The next paper, a codicil to the will, was exe-
cuted in 1827, and leaves 100/. per annum to Mrs. Shelley,
one of the deceased's married daughters, takes from her the
share of the residue given by the will, and bequeathing 1,000/.
each to her sans Henry and Frederick, makes a tripartite
division of the residue between the Misses Boyman and Mrs.
Pissey, and gives some property to the son of the latter, Mr.
R. )3. Boyman. There are several other codicils, bequeathing
various legacies, which, however, we need not mention, as
they have little or 110 reference to the point at issue in the
present litigation. All these papers alluded to are unopposed.
The two codicils now in dispute are dated, the first on the 15th
of June, 1836, and the other on the 4th of October of the
same year.
Her Majesty's Advocate appeared on behalf of the execu-
tors named in the codicil of June, 1636, and supported its
',alidity as well as that executed in October of the same year.
Judgment deferred.

INSOLVENT DEBTORS' COURT, urtrzx 18.
Charles Primrose, late an officer in the army, came up for
adjudication. The insolvency was ascribed to gambling tran-
sactions. The insolvent had been a considerable time in prison,
and had been callel upon by the authorities of the Horse
Guards on the application of a creditor to sell his commission.
The case stood adjourned for the attendance of M. Hardman,
an attorney, who had disbursed the proceeds ; he was to-day
examined and accounted for the disposal of the money.
The Insolvent was discharged accordingly.

ASSIZE INTELLIGENCE.

HOME CIRCUIT-7CIIIILMSFORD, JULY 17.

The business of the assize for the county of Essex CJIII.
meuced here this morning, the Commission having been opened
yesterday. The cause list is very light; only five common
jury causes are entered. There are twenty-three prisoners for
trial, and some of the offences with which they are charged are
of an aggravated nature. Lord Denman presided in the Crown
Court, and delivered the charge to the grand jury.

OXFORD CIRCUIT-STAFFORD, JULY 16.

The calendar of prisoners for this county is• grievously heavy
in point of crime. At the last assize at thii place the calendar
was the worst ever known, but the calendar for the pre-
sent assize exceeds it. On the former occasion there were six
distinct cases of felonious assaults upon females, or of attempts
to commit such offences. There are now eight of those cases
for trial here ; one person being committed to take his trial,
charged with two of those offences, cud another person with
three other offences of the same kind. At the last assize
there were three distinct cases of murder, and the parties
were found guilty of murder in two of them. At the present
assize a man is charged with the murder of his wife, which
is the only case of murder, but there are also other charges
in the calendar of a very horrible description. It is worthy
of remark that only one of the persons charged with these
dreadful offences is wholly illiterate, and that about half
of the remaining number can read and write, the rest being able
to read only. _ _

MIDLAND CIRCUIT--NonruAMPTON, JULY 17.
The Commissioo for this county was opened yesterday even-
ing, and divine service performed in All Stints' Church this
morning, b foie the Judges.of Assize, Sir Nicholas Conyn-
ham Tiudal,3aud Mr. Justice Bosanqur t. The cause list pre-
sents about the usual nuber of cases, there being eight enter, d
for trial. The calendar is light as to numbers, but among
them are the two persons charged with the murder of the old
woman at Easton, that has lately excited so much attention.
The trial of these two men has just been
pos•poned until the
next Assizes, on the application of Mr. Hihlyard, Cou:Ael fur
the prosecwion, the ground being that, as Mr. Reid, the chief
constable of Stamford, and who is also the principal witness in
the case, was on the road to Northampton in his gig. in com-
pany with another person, they were threwu out, and Mr. Reid
had his arm broken, and his companion was also severely in-
jured. The Learned Judge, on thew facts being stated, ordered
the ca,e to stand over until the next Assizes.
NISI PRIUS COURT.
WHITING V. RATNETV.
This was ai•action of trover to recover possession of a cart
colt. This case occupied the time of the Court front twelve in
the forenoon utril half past six in the evenieg, the question it-
' vidved being the identity of a horse, and there being contra-
dictory swearing. Ultimately a verdict was found fur the
plaintiff—Damages 101.
The advantagt s to be derived from the railway were ex-
emplified io this :—A Learned Barrister ( Mr. llumfrey)
came down to Not Vramptou with his wig box on Wednesday,
bat, on opening the same, lo and behold, there was no wig.
Ilere was a dilemma. How was the Learned Gentleman to
appear in Court ? For to do so without his wig would have
been highly indecorous, if not a breach of etiquette not to be
overcome. There was yet hope ; for, as the Court was net to
ope.n until twelve o'elock on 'Tuesday morning, thP I.:..artred
Gentleman's clerk might be despatched by the mail train on
Monday night, and return in sufficient time on Tuesday to
re-invest Me. Iluatf!ey with all his wonted wisdom. No
sooner thought than done, and the clerk returned, heating
time by five minutes.
• - -

WESTERN CIRCI7I7'.-1171.vengsrta, JULY 17.
CIVIL COURT.

FADMORE V. LAWRENCE•
This was an action for slander. The plaintiff is a widow
laity, who earns her Uvelihnod by giving lesson; in drawing.
in the neighbcurhood of Lyaington. li. March last she called
:
at the hnu.e of tle defendant, who is a clergyman,
residing
near Milford, to off:r his services in her line to his family. In
a few mhattes after she had lift the house the defendant fat-
lowed her, an'! overtook her at an inn, where he addres;ed
her in the presence of otln.r persons, in these words —" You
have been at my house, madam—Mrs. Lawrence laid a brooch,
worth five pounds, on the table in the parlour, where there was
nobody else but my snn and you, the brooch is gone',
: ther
ou must have taken it—l must search you." The plaintiff upon
this expressed her willingness to be searched, turned out her
Pockets and portfolio, upon which the defendant said, That
.-fore
won't do ; I must have you better searched ;" upon which he
sent fur a woman, and two having arrived, he directed them
to slip off thu plaintiff's gown, and they accordingly stripped
her so far as her filnnel petticoat. The plaintiff, being in
very great diitres3, said, " Are you satisfied " The defen-
dant rep Led " I am satisfied ; I do not see it, but you may have
concealod it in a bank on the way,"
The plaintiff (lasing
mentioned that silo was respectably connect. d,
and known to
many respectable ladies in the neighbourhood, the defendant
said that he had known ladies of high connections having been
guilty of shop stealing. The brooch, however was not found
on the person of the plaintiff; but it was found in a few hours,-
afterwards in a milliner's house in the neighbourhood, where
Mrs. Lawrence had left it in the morniag, yet the defendant
spiasTastrahrsi i ;:id,,tei
the
while
run lengthways, therewhieiiienh
were
overturned.
never offered any apology to the plaintiff for his conduct.
Verdict for the plaintiff—Damages 501.
was an action to recover compensation fur an injury.
DINT V. LEEDS AND SELBY RAILWAY COMPANY.
in one of the third-class carriages, in which, it ap-
bile being conveyed on the railway. The plaintiff
7 two openings at
nw'iiffteen
the buffers, was give the passengers access. He was at the end
out by the violence of the
ran off the rails, tit the switches over which they were passing.
teen:, t remainedhe tendoe on
eaeh end to
when by some mismwanaasgseen:
next the engine,
litlbiliterdacrialliriFibaegudte :leii
nve c r‘
il 1
himselficcahrr
ei
%tavabg.
tie)
segstiplhatl
rafuoti after
dread-
fully crushed, the boot being actually torn off it. lie was con-
shock, and his leg being
con-
fined to his bed fc.r thirteen weeks, was an invalid on crutches
for up a.ards of half a year. and is crippled fur life. Verdict
j for the piaintiff —PmalEes ipo/.,
CROWN S D.--77.1PRRIeft JULY 17,
THE MAYOR AND BURGESSES OF BEVERLY u. r"v„.
Thie was an action for toll, brought to try the tight of the
Cerporatinn to eiiiiril toll within the township of Dicion, as
being withiq the "precincts and libeqle§,
" of tbp borough of
which their authority extondpd. Alter a
iLverley, over . .. .
1. ,
. ~
lengthened i,acitiotion, dttring watch a great mass of doen-
men!ary evklence was proda:(44, the jury returned a verdict
1 fur the defendant.

w04.4,,Dr0 poet, is making a little tour in
the North of Eniizina, notliing more remarkable than him.
self, or more beautiful than sweet I3i4a 11fTplf.-7-pr!rhar4 Heray.