The Sun.
London, England, 1854-03-09 00:00:00

•
THE SUN, LONDON, TITUItSDA.I EVENING, mAitcn 9, 1854.

LAW INTELLIGENCE.—March 8.

COURT OF CHANCERY.

(Before the Lord Chancellor and the Lords Justices.)

IN RE SEA, FIRE, AND LIFE ASSURANCE COMPANY.

The Court gave judgment in this case to-day. The
appeal, which was from the decision of, Vice-Chancellor
Stuart, was urged at considerable length during several
sittings. The Vice-Chancellor having struck off the
name of Mr. Greenwood from the list of contributories
to the company, the appeal was brought by the official
assignee. The question turned on the construction to
be given to the Joint Stock Companies Winding-up
Act.

Their Lordships in giving judgment, which they did
at considerable length, held that under the proper con-
struction of the clauses in the act in question, no doubt
could be entertained of Mr. Greenwood's liability. His
name was therefore ordered to be placed on the list of
contributories, and the order of the Court below was
discharged.

ROLLS COURT.
(Before the Master of the Rolls.)
BURBIDGE V. PARRATT.

Mr. Roupell, Q.C. (Mr. Lake Russ-11 with him),
moved for a decree to make the injunction granted in
this case perpetual, and that the defendant might be
ordered to pay the costs of the proceedings.
It appeared that the defendant held a factory, and
other building, as tenant to the plaintiff, at the Hotwells,
at Clifton, and that at the termination of his term he
proceeded to pull down certain erections which had
been recently built upon the premises. This, on the
former hearing, the defendant contended he was entitled
to do, under a prior lease, which, however, the court
held had been surrendered.

His Honour made the injunction perpetual, and or-
dered the defendant to pay the costs, without prejudice
to the plaintiff's right to proceed at law for damages, if
so advised.

Decree accordingly.
The defendant did not appear, nor was he represented
by counsel on the present occasion. •
The court rose at an early hour.

VICE-CHANCELLORS' COURTS.
(Before Sir R. Kindersley.)
NEVE V. HODGES.

In this case it appeared that the defendant, Mr.
Hodges, had borrowed two sums, of 650/. and 4001.,
from dr. Stoakes, and to secure the repayment had
given two promissory notes, and had deposited certain
title deeds by way of equitable mortgage. The defendant
not being able to pay the money with interest, had exe-
cuted a mortgage of the property to the plaintiff, Neve,
with the privity of Stoakes. The question now raised was,
whether certain judgment creditors upon the property,
whose charges had arisen between the first and second
mortgages, had a prior claim upon the property to the
plaintiff. It was contended for the judgment creditors
that the plaintiff's mortgage was a new mortgage, and
their charges were to be preferred to his.
Mr. Baily and Mr. Simpson appeared for the plain-
tiff ; and Mr. Stevens, Mr. Metcalfe, and Mr. Speed
for different creditors.

The Vice-Chancellor decided that the plaintiff Neve
stood in the shoes of the original mortgagee, Stoakes,
and that the plaintiff's claim livl privity over those of
the intermediate judgment creditors.

PREROGATIVE COURT.
(Before Sir John Dodson.)
CIITTO V. GILBERT.

This was a testamentary suit with respect to the last
will, bearing date the 11th of August, 1825, of the late
Mr. Abraham Cutto, of the New Kent-road. The suit
was promoted by Mrs. Ann Cutto, his widow and sole
executrix, under the instrument against the sister and
next of kin of the testator. From the proceedings, it
seemed that the deceased died possessed of personal pro-
perty amounting to about 5,0001., on the 16th July 1853.
He had been for several years a clerk in the department
of the Receiver-General of the Post-office, and was also
a solicitor ; but in 1851 he resigned his appointment, and
retired from general professional practice. By the will
in question, he bequeathed all his property to Mrs.
Cutto, and the instrument remained with her until after
his death. Some few years before he died, the wife
asked her husband whether, from lapse of time or other
circumstances, the paper required some confirmation, to
which he replied that it was perfectly valid. It was
alleged in the proceedings, that the wife, out of the
allowance made to her for household expenses, saved
5,0001., which she invested for her own benefit. That
fact coming to the knowledge of her husband in 1852, he
expressed his displeasure thereat, yet he did not deprive
her of it. It was pleaded that he entertained great re-
gard for his sister, Mrs. Gilbert, who lived at Spalding,
and in the course of two visits which he paid her in
1852, intimated his intention to benefit her or her family
in his will, that he afterwards drew up a will in his own
hand-writing revoking the one executed in 1825, and
carrying out his expresSed intention with regard to Mrs.
Gilbert, and which instrument he executed in the pre-
sence of two clerks in the office of his professional ad-
viser Mr. White. It appeared there was no evidence of
the contents of this latter will, which was itself not
forthcoming.
Dr. Haggard appeared for Mrs. Gilbert, and con-
tended that if the court felt satisfied Mr. Cutto signed
the latter instrument, it must conclude the former will
was revoked, and there being no evidence of its revival,
that the deceased died intestate. The learned advocate
quoted the case of Plenty v. West, 4 Notes of Cases,
and Helyar v. Helyar, Ist Sir George Lee's reports.
Dr. R. Phillimore sppeared on the same side.
The Queen's advocate, on behalf of Mrs. Cutto,
prayed the court to pronounce for the will propounded.
As there was no evidence to show that the wife had
saved 5,000/. out of her household expenses, it could
not be said that her husband altered the original dispo-
sition of his property because he found her provided for.
He contended it could not be inferred the deceased re-
voked the first will. The latter paper might have been
executed merely to leave his sister a ring, or some trifle
of that sort.

The learned Judge considered that Mr. Cutto had
signed a second instrument,, by which the former will
was revoked ; but as the contents of such second paper
were not known, the court must pronounce for an in-
testacy.

feet ftvria the blood, and on the matting, I showed it to
him. He said nothing. I then went up stairs, rte.
the landing I observed a body of Sthorie. I called to
Hatto "Bring waters the hotlse is on fire." I turned round,
opened the landing-place window, and ran down stairs and
commenced pumping, while Hatto was getting the pails;
I then ran to Bunce's cottage, and called Mai and the
labourers. I came back, pled Hatt() followed me up
stairs with a pail of water. When we came to Sturgeon's
room the door was " ajar." I pushed the door open,
and observed a smouldering fire. The room was full of
smoke—almost suffocating. I desired Hatto to throw
the water on the fire, which he did. This had not the
effect of extinguishing the fire ; several pails of water
were thrown upon the fire afterwards, and extinguished
it. He then opened the window, and shortly after the
smoke dispersed, and we could see what was in the room.
I saw the deceased lying on her face—or rather her re-
mains—on the floor before the fire. Her legs were
completely consumed by fire. The upper parts of
her clothes were singed. There were the remains of a
table about the body, which had been broken up. The
pieces had been burnt. I sent Bunce for Dr. Roberts,
who is a surgeon, and went down stairs. While
Hatto was assisting I noticed that his trousers were
wet at the bottom. He called my attention to it soon
after I came home, and before I discovered the fire. He
said he had been round the yard with Bunco, and had
tumbled into some dirty water. Mr. Haines, the assis-
tant of Dr. Roberts, came with Bunce, and went up
stairs to the bedroom of the deceased. When he came
down I pointed out the blood in the passage and gave
him the tooth and a black hairpin, which I had found on
the floor, two or three feet from the tooth. We went
into the parlour, and I sent for Bunce ; we three re-
mained there about three-quarters of an hour. I then
arranged to call in a constable, that an inquest might be
held. On the next morning I went to the village
of Burnham, a mile distant, and met Mr. Baldwin, and
he accompanied me home by my request. I showed
him the remains of the deceased. While he was in the
room Hatto came up and was about to remove a can-
dlestick, but I told him to leave it. It was very
greasy and dirty, with two or three inches of candle. I
told him to take away a pail which had been left there.
I did not use my bedroom to dress till the Thursday,
the 3d of November. I then missed some things from
my room. I missed two razors, a knife, an ivory tablet,
two pencil-cases, a gold ring, an old watch key, and a
button hook. These were all safe on Tuesday evening.
Though it was the custom of the deceased to leave
a lighted candle for me when I went out, there
was none left on Tuesday night. The plate in use
remained in a drawer in the front sitting-room,in-
stead of being taken up-stairs to her bedroom, as was
her habit. There was some plate always kept on
the drawers in a basket uncovered in her bedroom.
That was the greater portion, and not in daily use, and
consisted principally of spoons and forks—about eight or
ten of each sort—and butter knives and gravy spoons.
After the fire had been extinguished I sawthe supper things
in the back kitchen, not put away, as they usually were.
The inquest lasted three days ; on the last day I noticed
several sores and scabs on the knuckles of the prisoner's
hands. They had the appearance of proceeding from
blows. I gave the prisoner no authority to take a horse
out on the Thursday night. He had never done so with-
out my authority before that night. The witness here
detailed the experiments spoken to by Mr. Inglteon.
Mrs. Flagmaker ran up stairs from the back kitchen
door to her bed-room, crying out " Hatto, don't mur-
der !" while I was lying on the prisoner's bed. I could
hear every word she said distinctly, and every step she
took.

Cross-examined—The prisoner was a general servant,
and had just been engaged for another year at an increase
of wages, from Si. to 81. per annum. His duty did not
consist in killing the poultry. He has helped to kill the
pigs, but net the fowls, as far as I know. He used to go
errands and take a horse when I desired him to do so.
I believe he is 27 years old. The deceased was 36
years old. The prisoner is of low stature—about 5 feet
high. He came from Abingdon to me. I was the
first witness examined before the coroner, and then my
friends were examined, but not at my request. They
have been before the grand jury now. The labourers
assisted to put out the fire. The water was taken from
the pump in the back-kitchen and carried upstairs. Hatto
was backwards and forwards several times, and came as
quickly as he could, I believe, when I called. I was not
present when the body was removed. I did not sleep at
home after the death for a month. I was up all Tuesday
night. I had tea at 4 o'clock on the Wednesday morning.
I don't remember telling Hatto to get the tea. Mrs. Bunce
made it. The key cf the teacaddy would be in the
possession of the deceased. I don't know that it would
be necessary to get the key from her pocket. I believe
the caddy was left out. The prisoner used to get up be-
tween five and six o'clock. I don't know what work
he had been about on the Tuesday. I believe I was at
home that day. In the course of the night, soon after
the fire was extinguished, I had some spirits and
water, which I got for myself. I believe Hatto was up
all night also. The hotly was carried to the cowhouse.
I had not noticed the sores and scabs on Hatto's
hands before the Ist of November. I had observed
some other marks, which I believe to be burns from
naphtha, about a week or 10 days before. I think it was
more than three days. I did not notice them after he
showed them to me. They were small blisters between the
fingers. I won't swear I did not see those burns within 3
days. I believe it was about a week. He used naphtha
to singe the horses. I had not originally intended to stay
at home on the Tuesday night to watch some turnip-
fields, where there had been depredations. I have never
said it was my intention to stay at home, and it was
lucky for me I did not do so. I might have said some-
thing of the sort about watching my sheep. I can't swear
I did not say so. There have been depredations in the
turnip-fields, but not considerable before the let of No-
vember. I know there have been many btu glaries com-
mitted in the neighbourhood of Burnham this winter. I
believe more than usual. The colts were-in the paddock,
out of which a gate opens into the back yard. I did
not go out after I returned and examine the premises.
There is a gate on the west side of the premises,
by which a person going round by the south front
could get away on to the high road. I made the
experiment, with Mrs. Flagmaker, a few days ago. I
had not told her to cry out as loud as she could, or to
use the particular words " Hatto, murder !" I am not
aware of auy one else having given her any such direc-
tions.

Re-examined—l did not know what sounds Mrs.
Flagmaker was going to utter. The marks I had be-
fore noticed on the prisoner's hands were not those
which I saw after the Ist of November. When I
quitted the house on Wednesday I caused the door out
of the back kitchen into the passage to be bolted.
Mr. lye and his brother proved that Mr. Goodwin
spent the evening of the Ist of November at the house
of the former at Langley, which he quitted at a quarter
to 11 o'clock.

Other evidence was then given, but it was a mere re-
petition of what was published at great length at the
time of the inquest. '

We give the subjoined evidence respecting the journey
of Hatto to the railway station on Thursday evening.
Richard Binfield—l am a thrasher, and live near Mr.
Goodwin's. In consequence of directions received from
Bunce, I went to Mr, Goodwin's on the Thursday night,
to the kitchen. Hatto was there, as also were two of
the carters and two boys. Hatto said, he should like a
drop of beer. He afterwards said he expected a parcel
at the station. He would go for that, and bring some
beer back again. I said, " You will not be long I sup-
pose ?" "No," he said, "I shall take the pony, and
then I shall not be long gone." I said, " Which way
are you going ? You had better not go by the high-
way, as I have fastened the gate." Hatto started a
little after the clock struck 10, and returned in about
an hour. The station is about a mile and a-half from
the house. On his return Hatto said, " I have not got
any beer, they were gone to bed, and it was too late."

James Chamberlain—ln November last I was porter
at the Maidenhead station. I remember prisoner calling
at a quarter to 11 o'clock at night, on the 3d of Nov.
He came from the direction of Maidenhead, which is
opposite to that leading to Burnham. Prisoner asked
for a parcel, and gave his name " Hatto." I looked,
but found no parcel for the prisoner, and told him so.
I asked him if he was the nagman (groom) at Mr. Good-
win's. He replied, " Yes, I'm the man that people
say murdered the woman." I had not previously said
anything to Hatto about the woman or about the mur-
der. I then asked what age she (meaning the woman)
was. He said he thought about 30. The river Thames
is about a quarter of a mile from the station, the prisoner
came in the direction of the river.

Cross-examined by Mr. Parry —I was standing close
by the parcel-office door, looking towards the Railway
Tavern.

By the Judge—No person coming from Burnham
would have entered the station-yard as Hatto did.
By Mr. Parry—l saw Hatto before he got to the
third gate, and I saw that he came from the way from
Maidenhead.

By Mr. O'Malley—He must have come from Maiden-
head or Taplow.
By Mr. Parry—There is a footpath leading from Tap-
low to Burnham, but I will not swear there is not a
bridle road.
The case for the prosecution was still proceeding when
our report left.

to. any such. infamy, neither would Mr. Lloyd
4un the risk of publishing any such iibellcts iitntter.
The defendant said he would rather buy types and set
up the "Life" himself than allow it to be suppressed,
although he knew that if he printed 50,000 copies,
Smith would buy up every one of them. Witness
finally offered him 51. to give up the written placard
and papers in his possession—the former of which he
had said were to be printed the next morning. He re-
plied, "That is an insult." Witness urged that Mr.
Smith was not a rich man; to which defendant answered
" Yes ; but he knows where he can raise money to any
amount." After some further pressing, defendant threw
a half-crown down on the table, and took an oath that
he would not take that much less than 50/. ; and that if
the sum was not paid at once the bills should be out
next morning. Witness said that he could not think of
such a sum, and now the negotiation was ended. White
then asked the defendant to take back his papers, saying
that he did not wish to have anything further to do with
the business, and asked defendant to give him a receipt
for them. Witness introduced the police officer, and
the defendant was given into custody.
Defendant A sum of money was proposed to me
before I named the 501. ; but 7001. would not compen-
sate me for the injury Mr. Smith has done. me. I
sought compensation for this injury, not for suppressing
the placards. I wish to examine Mr. Smith, if he will
let me.

Mr. Smith then stepped into the witness-box, and de-
fendant asked him if he did not accuse him of wilfully
setting fire to his house many years ago ?
Mr. Smith said he repeated what was related to him
by defendant's own servant, who made the charge. The
occurrence was 20 years ago, and he had nearly forgotten
the circumstances, but the defendant for some years past
had continued to write anonymous and slanderous letters
about him (witness) to nearly every one with whom he
had business transactions.

Mr. Henry considered these bygones immaterial to
the charge before him. The defendant was not serving
himself by the line of defence he was setting up.
Mr. Ballantine applied to have the case remanded,
and asked if he should not be justified in applying for a
summons against White ?
Mr. Henry said it was difficult to say from the evi-
dence in what capacity White had acted. His name
was not in the Law List as a solicitor.
The learned counsel said he would reconsider this
question, and the defendant was accordingly remanded.
Mr. Henry said if the defendant would state his ad-
dress and find good sureties, he should be admitted to
bail.

The defendant declined to do so, and was consequently
sent to prison.
Six charges of wanton cruelty to horses were brought
under the consideration of the magistrate by the Super-
intendent of the Society for the Prevention of Cruelty to
Animals.

MANSION-HOUSE. —Frederick De Molyns and
Lucia De Molyns, his wife, were brought before the
Lord Mayor for final examination, charged with having
feloniously uttered a forged power of attorney to transfer
a share and interest of Richard Annesley Simpson in
stock and annuities for the sum of 1,5201. lie. 5d., with
intent to defraud the governor and company of the Bank
of England.
Mr. W. S. Key, stockbroker, of Angel-court, Throg-
morton-street, stated that in November he received a
letter purporting to come from Frederick De Molyns,
asking whether witness could dispose of 1,5001. some
odd, stock. Witness wrote back an answer in the affir-
mative, but requiring some particulars, and directed to
Mr. Frederick De Molyns, care of Mrs. C. Broughton,
Slough, near Windsor. Then followed a letter from Mr.
De Molyns, naming the parties in whose names the stock
stood, and requesting witness to make application for a
power to dispose of the stock. The letter also went on
to say that the Rev. H. D. Broughton was deceased.
Witness made the necessary application for the power,
but did not get it, as Mr. Broughton had not been made
dead at the Bank. I (continued witness) wrote to Mr.
De Molyns, requesting him to send me the burial certi-
ficate, which, in four or five days, I received and lodged
at the Bank, and in due course I received a form of de-
claration, which I enclosed to him, of the identity of the
deceased. That declaration was returned to me by Mr. De
Molyns, who requested me to obtain the power of attor-
ney forthwith. I obtained the power and sent it to Mr.
De Molyns, requesting him to forward it, or to take it, to
Mr. Simpson, the survivor in the account. The power
produced is the same I sent. Mr. De Molyns returned
the power, signed, apparently, by Mr. Simpson. I then
lodged it in the Bank, and wrote to Mr. De Molyns
that he could have the money at any time. Mrs. De
Molyns attended, and went over to the Bank and exe•
cuted the transfer, got cheques for the amount, and
handed them to a gentleman who accompanied her, and
whom I supposed to be her husband.
Mr. John G. Stillwell, naval agent, said—l have
lately been in correspondence with Mr. R. Annesley
Simpson. The signature to the power of attorney is
not, I believe, in his handwriting.
Mr. John Parker said—l am in the employ of Mr.
Simpson. I saw Mr. 0. Farrell, surgeon, and saw
him sign the certificate produced as to Mr. Simpson's
state of health. I think the signature " Richard An-
nesley Simpson" signed opposite the seal is not the sig-
nature of Mr. Simpson. I remember in November last
a letter purporting to come from Mr. De Molyns, the
purport of which was to ask Mr. Simpson to give his
sanction to the transfer of the stock, but no answer was
sent to it. There was no power of attorney to my know-
ledge forwarded to Mr. Simpson in December last. I
am not aware that Mr. Simpson has resigned his true-
tree•ship.
Mr. T. L. Crossthwaite, clerk in the Transfer-office,
produced the transfer-book, from which it appeared
that the transfer had been made by virtue of the power
of attorney.

Daniel May, 14, City detective, said--I apprehended
Mr. De Molyns at No. 1, Worcester-street. I said to
him, "I believe your name is Frederick De Molyns?"
He said, "No, it is not. You are quite mistaken." I
told him I was an officer, and I held a warrant for his
apprehension, charging hint with having uttered a forged
power of attorney. He said he was perfectly justified
in doing what he did, for it was his own money, and be-
longed to him for the last thirty years. He attempted
to pass some notes behind my back into the hands of his
wife, but I prevented him from doing so. At the sta-
tion I asked him for them, and he then gave me ten
1001. Bank of England notes, and said that was all he
had got. On searching him I found three other 501.
notes, 21. in gold, and Os. 6d. in silver. Whilst I was
at Gloucester, I saw the female prisoner there, and she
said she went to the broker's in company with a rela-
tion of hers, and transacted the business there herself.
I afterwards received from the female searcher 201. lls.
6d. I found that the prisoners had been living at No.
1, Worcester-street, four months, in the name of Har-
court.

Cross-examined—He said it was a family affair, and
he did not wish his name to be published in the papers.
Mr. Parry, for the defence, said that Mr. lie Molyns
thought all along that he was doing what he was per-
fectly justified in doing, and that he had not defrauded
anybody, and that there was not the shadow of an ex-
cuse for detaining the lady.
The male prisoner, in his defence said—My lord, I
declare in the most solemn and sacred mann'r that I
never thought or dreamt of committing any such act, no
matter what appearances at present may be. lam per-
fectly innocent of any act of impropriety in this case,
and I abhor such an act as much as your lordship or any
honourable man in court. My whole conduct from the
commencement has presented a perfect contradiction to
any such charge. So far back as the month of October,
I openly requested my mother-in-law, as was necessary
under my settlement, to give her consent, which she
did. I communicated with Mr. Simpson, as your lord-
ship has heard, in the month of November. Had I
wished to do anything privately, or mysteriously, or
improperly, I should not have thought of communicating
with the parties who were interested. I was advised,
moreover, that I had other means of attaining my ob-
ject, perfectly legal and proper. I did not remove
myself out of the way, which I might have done, nor do
any act which would properly cause suspicion to light
upon me. Such a course of proceeding is not a course
that any man conscious of guilt would pursue, but it was
the course which an innocent man would naturally
follow.

The Lord Mayor said it would be for a jury to decide
as to the effect of the evidence in this remarkable case.

The prisoners were then committed for trial.

The 'Lord Mayor liberated the lady upon bail to the
amount of 1001. ; and said that if Mr. Da Molyns could
produce security to the amount of 1,0001., in two sure-
ties, and his own in 2,0001., he would accept bail for
him also.

GUILDHALL.—.Tames Tucker was charged with
embezzling various sums, amounting in all to about 601.
He was further charged with shooting at his master, Mr.
Umpleby, with intent to kill him.

Mr. George William Umpleby said---I am a woollen-
draper, of 118, Holborn-hill. The prisoner was a tra-
veller in my employ until January last. I met him in
the Kingsland-road yesterday, and accompanied him into
High-street, Shoreditch, where I gave him into custody
for embezzlement. He was taken to the police-station
in Smithfield, and while I was making the charge I stood
with my back to the prisoner. The inspector told the
officer to search the prisoner, and while he was advanc-
ing to do so I heard the report of a pistol, and at the
same instant felt the ball graze my head. I had my hat
off at the time. The ball went through the window and
struck the wainscot in the passage.
Inspector Teague said—While I was entering the
charge Mr. Umpleby had his head close to mine, and
was giving me the amounts not accounted for. I felt a
shock and a painful sensation passing over my head. I
also heard an explosion coming from the direction of
the dock in which the prisoner was standing. On turn-
ing round, I observed a pistol in his hand, and imme-
diately went round to the prisoner, and, with the assist-
ance of the officers, threw him down on the ground,
fearing he had other weapons concealed upon his per-
son. Thorpe 193 G, picked up the pistol, and Casey,
284, found the bullet, both of which I now produce. I
found that the bullet or something else had passed
through the window and struck the beading of the
framework in the passage. We had a sharp struggle to
secure the prisoner, and I afterwards said to him,
" Why do you try to shoot me ?" and he replied, " I
did not mean it for you—l intended it for my master."
Prisoner—l only said, " 1 did not intend it for you."
Inspector Teague—The very words you used were,
" I did not intend it for you ; I intended it for him."
Susan Marshall, the female searcher, said—l heard
the report of a pistol last night, and went into the charge
room. I heard the prisoner say, pointing to Inspector
Teague, " I did not mean it for that gentleman ; it was
for the other."

Prisoner —I beg leave to contradict what she has
stated about my saying it was intended for the other.
Thorpe, 193 G, said—lnspector Teague told me to
search the-prisoner; and I was about to do so when he

drew his hand from his pocket, and discharged a pistol ,
in the direction of the window behind the inspector and
the prosecutor. It was done so instantaneously that I
could not perceive what he had in his hand until after the
explosion.
The prisoner, having been remanded on the charge of
embezzlement, in reply to the more serious charge said--
I was at the West-end yesterday, and purchased the
pistol, with no other object in view than because it was
cheap. I took it to a gunsmith to get it repaired, and
it was returned to me loaded. I had not the slightest
intention of committing murder; but being in the station
with a loaded pistol in my possession, I thought I would
discharge it. If I had wished to have taken the life of
the prosecutor I had ample opportunities of doing so
long ago ; but I had no such intention.
Alderman Muggeridge—That is no defence to the
charge againstyou. I shall therefore commit you for
trial upon the charge of attempting to murder.