The Sun.
London, England, 1849-12-24 00:00:00

PRICE OF SUGAR.
The avierage price of Brown or Muscovado Sugar, com-
puted from the returns made in the week ending December
18, 181'9, is 255. sd. per cwt.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Dec. 22.
(Sittings at Nisi Prius at Guildhall, before Mr.
Justice ERLE and a Special Jury.)
HAYWARD V. COOMBS AND ANOTHER.
This cause, which commenced on Thursday, con-
tinued on Friday, and was terminated at a late hour
hour on Saturday evening. The main question at
issue, it will be recollected, was whether the late Mr.
Saville Godfrey, formerly of the firm of Godfrey,
Searle, and Co., boatbuilders, was of sound mind from
the 11th of January, 1843, to the 25th of April in
the same year, when he executed certain deeds, the
cause of dispute in these proceedings. The following
brief summary will give a complete idea of the case.
It appeared that the plaintiff by marriage was re-
lated to the deceased, who retired from business in the
year 1825, having made a considerable fortune. lie
was a bachelor, and the father of the plaintiff was his
nearest relative. One of the defendants, Amy Sarah
Coombs, was the sister of the plaintiff's father. In
1827 Mr. Godfrey went to reside in the family of
Coombs, and he was extremely partial to Mrs. Coombs.
Mr. Godfrey made his will on the 18th of February,
1842, and by that will he bequeathed his furniture to
Amy Sarah Coombs, but he left the rest of his property
to three trustees, who were directed to pay the rents
of two-thirds of the property to Amy Sarah Coombs
tor life, and to her husband if he survived her, with
remainder to the children of that marriage. The
testator directed the other third of the rents to be
paid to the plaintiff for life, and to his wife, if she
survived him, with remainder to the children of the
marriage. In default of issue of both marriages, the
property was devised to the heirs of the testator.
In the year 1845 a writ de lunatico inquirendo was
issued against him, and the jury foand that he had
been of unsound mind from the 29th of April in
that year. On the 28th of May, 1846, the
testator died, at 74 years of age, and it
then appeared that the deceased had not revoked
his will, but that on the 15th of April, 1843, he had
executed four leases of property, producing 3201. a
year; and it was alleged that he had, on the 25th of
Ma'y, 1843, invested 1,0001 stock in the joint names
of the defendants. It was now contended that, at the
time Mr. Godfrey had done these acts, he was not in
such a state of mind as to make them valid—that his
manners had changed in the early part of 1842—that
his mind was then affectel by delusions of the most
extraordinary kind, and that he continued in that state
until his death ; that he was quite unable, in the year
1843, to manage his own affairs, and that he was
induced to execute the several instruments now at-
tempted to be set aside, by the influence which the
defendants exercised over him.

Mr. COCKBURN, Q.C., for the defence, addresed the
jury, and said he would prove, by indisputable testi-
mony, that the deceased, Mr. Godfrey, was of sound
arid disposable mind, capable of managing his own
affairs, within the period of the issue, which the jury
had now to try, namely, from the 11th of January,
1843, to the 25th of April, in the same year, and that
no undue influence had been exercised over him, by
the defendants, to induce him to execute and sign the
deeds in question. He would show that at the time he
executed the will (which was not disputed), 1842,
and prior to that period he had had conversations re-
specting the disposition of stock, and those deeds under
which it was transferred, and that in executing them
in 1843, he but carried out that intention. They had
it in evidence that he was subject to fancies before
the year 1842, at least before the date of his will
in that year; yet that he was of sound mind when
he made his will, was not disputed. Seeing that per-
sons who were afflicted as Mr. Godfrey was, with a
softening of the brain were, according to the medical
testimony, favoured occasionally with lucid intervals,
and of sound and disposable mind, was it not, he
(Mr. Cockburn) would ask, as likely that he was so
at the time in question, in 1843, and that he then
knew what he was doing, as in 1842, when he made
his will, which was not disputed, and prior to which
he was proved by evidence to have fancied that the
Chartists meditated setting fire to property, and to
have closed his shutters in apprehension of an event
which at the time had no foundation.

On behalf of the defence, the Learned Gentleman
called witnesses, and amongst them Mr. Witt:mil, who
had been in the habit of seeing and constantly con-
versing and transacting business with the deceased,
and they all concurred in stating that his mind was
perfectly strong and healthy until the year 1845 ;
that at the time of executing the documents he
perfectly well understood what he was about, and
was then a shrewd and intelligent man.
Mr. Sergeant WILKINS, in reply, made an ener-
getic speech, and availed himself of every circum•
stance in the evidence to show that Mr. Godfrey was
not of sound mind at the time in question. He
therefore urged that the verdict ought to be for the
plaintit
Mr. Justice EaLB summed up the case, and stated
that two questions were submitted for the considera-
tion of the jury—first, whether, on the 15,h of April,
1843, when certain leases were executed, Godfrey
was of unsound mind, so as to be insufficient for the
governtnent of himself and his property ; and, secondly,
whether, on the 11th of January, and on certain
other days in the year 1843, when Godfrey bought or
transferred certain stock, he was of unsound mind, so
as to be insufficient for the government of himself and
his property. The jury were at liberty to find any one of
these transactions valid and the others void, if the
evidence should lead them to that conclusion. There
was no questi in that admitted of greater gradation
than the question of soundness or unsoundness of
mind. It they were of opinion that he had mind
enough to know and will the act, they would, he
supposed, be of .opinion that he was of sound mind,
sufficient for the government of himself and his pro-
perty. The party who sought to impeach these acts
had the burden of proving the unsoundness of mind.
The Learned Judge then read over the important
parts of the evidence.
The jury retired, and eventually returned a verdict
for the defendants on all the issues.

COURT OF EXCHEQUER, Dec. 22.
(Sittings at Nisi Pries, at Guildhall, before the LORD
CHIEF BARON and a Common Jury.)
The Court was occupied during the greater portion of
the day with the esse of "Johnson •. Boulcott," which
pos3essed no feature of interest, the only question being
as to 1611. which it was alleged be longs d to a bankrupt
estate. The Learned Judge thought there was no evi-
dence to go to the jury, and accordingly a verdict under
his direction was found for the defendant.

♦SPBEY e. DELAIIAY.
The plaintiff was an attorney and solicitor, carrying
on business at Furnival's Inn, and the defendant was a
gentleman residing in Hertfordshire, and the action was
brought to recover 300/. upon a mortgage dated 25th
November, 1842, and interest at the rate of 51. per cent.
The defence was that the deed was for 4001., while, in
reality, the debt was only 300/.; and this being so, it was
contended that the deed was a corrupt bargain and con-
trivance to get more than 51. per cent, interest, and thus
to avoid the operation of the usury law.
The CHIEF BARON, in summing up, said there could
be no doubt that interest above 5 per cent. was illegal
where the security was upon land, but the present deed
was free from any defect whatever, and no evidence had
been given of usury, therefore their verdict ought to be
for the plaintiff.
The jury accordingly returned a verdict for the
plaintiff-3001. debt, and 1051. interest.
Mr. Watson appeared for the plaintiff, and Mr. Cham-
bers for the defendant.

MURDER IN HARLEY-STREET.

MARYLEBONE POLICE-COURT.

COMMITTAL OF THE PRISONER.

Sarah Drake was finally examined-. onSaturday
before Mr. Long, on the charge of having destroyed
the life of her male child, aged two years ; and in
consequence of its being understood that her final
examination had been appointed for this morning, the
avenues to the court were thronged at an early hour
with a somewhat large concourse of people.
The prisoner having been placed in the dock shortly
before one o'clock,

Mr. Herring, her attorney, addressing the magi-
strate, said that in consequence of what fell from
his Worship at the last examination, on the subject
of his having an opportunity of perusing the letters
to which reference was then made, he had had that
opportunity, and he begged to inform his Worship
that Sergeant Whitcher had paid him every attention
in examining those letters which he considered ne-
cessary or material, as affecting the interests of his
client. He wished also to state, with reference to the
proceedings of the day, that by the advice of the
counsel who had been retained on her behalf, he
would reserve whatever defence she had to urge.
11r. Long—Under the circumstances I think that
that course is the proper one. What is the amount
of the debt owing to you, Mrs. Johnson ?
[lt will be remembered that it was Mrs. Johnson
who had had charge of the child, and her claim was
for the care exercised by her towards it.]
Mrs. Johnson—The amount is 91. 75., your Wor-
ship.

Mr. Herring—Sergeant Whitcher and myself have
looked over the things belonging to the prisoner as
well as we could. There are a great many al ticks of
various descriptions, but they consist mostly of wear-
ing apparel. Looking at the value of them, and con-
sidering what they are, as your worship has asked
Mrs. Johnson the amount of her claim, I may as well
state at once that, though not legally bound to pay her
the money, I will myself pay her 4/ at my nflice, upon
the delivery of the property. lam glad to have to
say that Mrs. Johnson has expressed her entire ap
proval of the offer, and I am satisfied that ail who have
any feeling in this business will contribute to make
up the balance to her.

Mr. LONG—Mrs. Johnson has acted very properly
in the affair, And I cannot entertain the slightest doubt

that means will be forthcoming, out of which Mrs.
Johnson will be paid every farthing. In the first
place, however, we must ascertain what you can
pay her.

Mr. Herring—l will pay her the 4/. at my office,
sir.

Mr. Lorio—l will not lose sight of your case, Mrs.
Johnson, and I have no doubt that the remainder of
your claim will be made up. Of course you will be
paid your expenses, and in the end I tt ust—indeed I
do not doubt—you will find that you have not sus-
tained any loss. Nothing now remains for me, I
believe, but to ask the prisoner one or two questions,
which am bound to do in every such case, under
the provisions of a recent Act of Parliament. Ad-
dressing the prisoner, the magistrate then pro-
ceeded :—llaving heard the evidence read (the
depositions were read on Saturday last), do you wish
to say anything in answer to the charges? You are
not obliged to say anything ; but whatever you do
will be taken down in writing, and may be used in
evidence against you hereafter.
The prisoner answered, in a low tone of voice—
Everything is in the power of my attorney.
The Chief Clerk—Do you say that everything is
in the power of your attorney ?
The prisoner—l do.

The magistrate then fully committed the prisoner to
Newgate for trial • and the proceedings, which lasted
a few minutes only, terminated with his expressing
once more his satisfgetion at Mrs. Johnson's conduct
in this melancholy affair.

GORHAM v. THE BISHOP OF
EXETER.
(From the Western Times)
The argum-nts on the case of the Rev. George
Cornelius Gorham versus the Bishop of Exeter have
been brought to a conclusion, ant the High Court
stands adjourned for judgment on Monday. The
exciting topics of the locality prevent us from taking
that review of the proceedings which the importance
and gravity of the case would demand. The ques-
tion is one of the gravest that has ever come before
a judicial tribunal, not so much for the facts in dis-
pute as for the consequences likely to follow. Mr.
Gorham, as our readers well know, is a most learned
and pious clergyman, a man of high attainments, and
of the strictest probity from his youth up. Fearless
in character, honest of purpose, a profound divine,
and a determined controversialist, he was the very
last man that our right reverend and respected dio-
cesan should have grappled with. The old gentle-
man, however, a glutton at disputation, seems to have
been unable to let the chance escape him of having a
row, and although he had at the time a great case of
controversy actually in hand—namely, whether it was
for the public benefit that his perversion of facts
should be proved—still, that was not enough for
him—he could not let the opportunity slip, and he
WS3 soon up to his neck in the hot water
of the Baptismal Regeneration " row." Mr.
Gorham was presented by the Crown to
the living of Brampford Speke. He had
to give up St. Just, and thereby to sacrifice some
2001. a year to accept it. The bishop offered no ob-
jection to the change, but, as we have heard, rather
encouraged the rev. gentleman to proceed therein. At
a later stage in the proceedings he expressed a belief
that he had a right to examine the rev. gentleman.
This, it was reported at the time, he did not appear
to press, till the rev. gentleman intimated a doubt of
his power ! That was sufficient. " Then I will
examine you !" and as we have heard and believe,
this great controversy, which has occupied the tri-
bunals from Doctors' Commons to the Palace of West-
minster—was precipitated, not so much through a
care for the principle involved, as to vindicate the
official power and prelatical dignity of our right rev.
friend. A most worthy beginning, truly, of a question
which is to rend the Church asunder. We pass over
the harsh and unfeeling conduct displayed by Bishop
Phillpotts towards his worthier brother, and shall
leave the case itself at present, merely adding that the
question really is whether the Articles of the Church
are to govern the ritual, or whether the latter is to
prevail over the law of the former, and thus contra-
vene the foundation of the Church as by law esta-
blished. Bishop Phillpotts' love of strife has done a
pretty thing for the Christian Peace and Protestant
Faith of this realm.

(From the Hull Advertiser.)
The decision of the Judicial Committee of the
Privy Council, in the case of the Rev. Mr. Gorham
against the Bishop of Exeter, is looked forward to
with immense interest by Churchmen of all classes.
We are under great apprehension that it will satisfy
no party. The real question is, whether the Church
of England holds the doctrine of baptismal regenera-
tion ; but the one which will be decided is the right
of the Bishop of Exeter to compel an ordained priest,
previously charged with the care of souls, to undergo
a fresh examination before presentation to another
living. The opinions of laymen upon such questions
are of very little moment; but it has often struck
us as exceedingly strange that there should be any
doubt among well-read men as to the baptismal
_doctrine hell and professed by the Church of
England in her Canons and Articles. It goes hard
with us to take the same side as the Bishop of
Exeter, but upon the doctrine of Baptismal Rege-
neration, " Our Henry," as the Western Times
familiarly designates his Lordship, is truly orthodox.
We know that there is a large party in the Church
who hold the same opinions as Mr. Gorham, and it is
a singular fact that among them are the present
Archbishops of Canterbury and York, but that
does not in the least affect the vital truth
of the question. Whether the doctrine of the
Church of England upon Baptism be Scripturally
right or wrong, is a matter with which in these
columns we hare nothing whatever to do. We pre-
sume not to meddle with the religious convictions of
any Church, or any member thereof; but we feel no
difficulty in giving our opinion as to the exact doc-
trine taught by the early Fathers of the English
Church, and set forth in the Canons, Articles, and Book
of Common Prayer.

INDUSTRIAL PAUPER EDUCATION.
(From the Hall Advertiser.)
The eloquent Rector of Althorpe, in Lincolnshire,
the Rev. James Aspinall—whose name stands on our
list for a bishopric--came well to our assistance at
the annual soirée of the Beverley Mechanics' Insti-
tute on Wednesday, upon the important question of
industrial pauper education. Though the social
obligation of.bestowing a careful course of industrial
training upon pauper children may come " self-
recommended" to such excellent Christian clergymen
as the Rev. Mr. Aspinall, we can assure him he
would find the proposition the reverse of general, if
he were called upon to propound it before the sapient
board of guardians charged with the management of
the poor of Hull. We are therefore exceedingly grateful
tor the assistance which he has rendered us, by
volunteering his powerful support of the principle of
industrial training for the pauper children of this
district. Nor would we be selfish in this respect.
We can assure our Rev. Friend that he cannot
render a more important service to society, and more
especially to the more helpless of his fellow-crea-
tures, than in opening the eyes of many of the best
supporters of mechanics' institutions to the importance
of training up pauper children in habits of industry.
The subject in his hands would prove a most attrac-
tive one. Touched by the Ithuriel spear of his
genius, the truthfulness of it would glow with an
effulgence which would attract thousands of in-
terested beholders. What a subject of local pride—
of laudable congratulation, it would be to have an
Industrial Pauper School in the neighbourhood of
Driffield, capable of containing all the pauper children
of the unions of Hull, Sculcoates, Beverley, Driffield,
Bridlington, Patrington, and Skirlaugh! And yet
when we proposed the establishment of such a school
in the Hull board of guardians, we could only find
twelve supporters out of thirty-five members present.
From this Mr. Aspinall will see that the world is not
so advanced in true knowledge as he gives it credit
for—and that it is really a very important thing that
such projects are receiving the support of su
Christian philanthropists as the Right Hon. M. T.
Baines, M.P., Lord Ebrington, and himself. Uncon-
sciously, perhaps. but at the same time most pro-
videntially, the Rev. Mr. Aspinall has opened for
himself a new door of usefulness in connexion
with the National Education Movement. We
entreat him not to close it again. The question of
the industrial training of pauper children, on the
scale of magnitude proposed by us, is one compara-
tively new. It is also one which he is singularly
well qualified to adorn and illustrate in the happiest
manner. " Suffer little children to come unto me,
for of such are the kingdom of Heaven," was the
admonitory language of the great Head of the Church,
and ever beautiful in the mouths of the Christian
ministry.
We are glad that our friends in Beverley have
had an opportunity of hearing one of the eloquent
addresses of the Rev. Mr. Aspinall. They will now
be able to judge of the class of bishops we should
have if Lord John Russell were to consult us on the
question of episcopal preferments. Instead of select-
ing men for mitres because they had written dull
theological treatises, read by nobody—as the Arch-
bishop of Canterbury confesses he is in the habit of
doing—we should select men for mitres who, in their
path through the world, left a trail of moral and
intellectual light behind them, as Mr. Aspinall las
done, and is still doing. It really is disgraceful to a
Whig Government to reimin apparently blind to the
claims to promotion in the Church of such a clergyman.

A MODEL CITY.---The city of Utica, New York,
does not owe a angle cent. of public debt, and has mot.ey
in Lack, besides taxes due and collectable. It h,s an
abun.iant supply of water brought into the hou!',.t of the
citizens, fresh from the nalunt:in springs. It is lighted
by ees of pure and excellent quality; has the hest ap.
painted and most effective fire department of any city of
its size in Americo; and is the only
,city in the state
which wholly escaped the ravages of the cholera last
BUMM9L—New York Herald.