The Sun.
London, England, 1849-08-08 00:00:00

LAW INTELLIGENCE.
VICE-CHANCERY COURT, Aug. 7.
(Be!ore Sir J. L. KNIGHT BRUCE.)
ATTORNEY-GENERAL V. THE BISHOP OF ELY.

This was the petition of the Rev. W. G. Townley,
rector of Up sell cum-Welney, one of the trustees of
Marshall's Charity at Welney, in the Isle of Ely, for the
purpose of enabling the trustees to raise 2,2001. upon the
security of the surplus rents of the charity estates, for the
purpose of repaying an outlay incurred in certain new
buildings beyond the estimate which had been sanctioned
by the Master. The petition stated the whole buildings
had been completed for a cost of 5,314/., being
2,072/. Gs. sd. more than was estimated, and that the
average surplus income was about 6561. per annum, and he
asked that the Court would sanction the raising the excess
of Expenditure, by bond, upon security of the future sur-
plus income.
Mr. Wigram appeared in support of the petit'on; and
Mr. Sayrea for the Bishop of lity, and the co trustees,
and the schoolmaster, who consented.
His lloNoutt made the order accordingly.

PREROGA7IVE COURT.
(Before Dr. HAGGARD, who sat as a Surrogate.)
NARY RUSH, DECEASED.

Dr. ADDAMS said he bad to renew his application on
F ehalf of the guardian of the children of the late James
Bloomfield Rush, to set aside the will, upon which pro-
bate had been granted, of the late Mary Rush, mother
of James Bloomfield Rush; and which purported to ap•
point him executor, and the property of the testatrix to
be divided between his children, upon the youngest child
art iving at the age of 21 years, which will, it was al-
leged, was, upon the oath of Emily Sandford, a forgery,
she having attested it as a witness after the death of the
testatrix. The Learned Judge, on a former application,
thought the affidavit of such a person us Emily Sand-
ford was not sufficient to justify him in annulling his for-
mer act, and rejected the application until further cor-
roborative evidence was adduced. The Learned Advo-
cate said he bad now to offer to the Court the affidavits
of two respectable gentlemen, a Mr. Durrant and a Mr.
Wilkinson, who attested to the belief that the will proved
was a forgery. Under these circumstances he hoped the
Court would grant the application. The will of the tes-
tatrix gave her property to her grandchildren, to be paid
to them in equal portions upon their arriving at the age
of 21 years.
The Learned JUDGE granted the application as prayed,

ASSIZE INTELLIGENCE.
HOME CIRCUI T.—Croydon, Aug 7.
The business of these assiz,s commenced this morning.
The number of causes put down for trial is ninety-six, of
which seventeen are special jury cases. Mr. Baron Al-
derson presided on the Crown bide, and the Chief Baron
at Nisi Prins.
The Learned BARON, in charging the grand jury, said
that it gave him at all times great pleasure to meet the
gentlemen of the county of Surrey; but it did so para.
cularly on the present occasion, because, according to
the rule and custom of this kingdom, ho was entitled to
a pair of white gloves by reason of there not being any
capital charge in the calendar.
The CHIEF BARON did not commence the civil busi-
ness until twelve o'clock, and nothing more was done
during the day than to dispose of a portion of the unde-
fended causes, and commence the first defended common
jury case, which at half-past five o'clock was adjourned
till this morning.
OXFORD ClRCUlT.—Monmouth, Aug. 6.

CROWN COURT.—(Before Mr. Justice ERLE.)
Thomas Edward Turberville was indicted for forging,
on the 2d of February last, a❑ order for the payment of
31. 12s. 61, with intent to defraud Jacob Chatterley and
others. There were 24 counts, some describing the in-
strument as an order and some as a %arrant for the
payment of money, some charging only an uttering,
some laying the intent to defraud Chatterley, others to
defraud Wm. Rees and others, and others to defraud
Rees only; in short, it W 45 laid in every possible mode
in which it was thought the evidence would support it.
Mr. Cooke appeared for the prosecution, and Mr.
Huddlestone for the defence.

The prisoner had been a member and the paid actuary
of the Temple of Peace Lodge of the Society of Odd
Fellows, at Newport; Jacob Chatterley was " the noble
grand" of the society; and William Rees was the treasurer.
Both were also members of the society. The practioe of
the society was for the treasurer to pay cheques in favour
of sick members when presented to him signed by the
noble grand and the actuary. On the day above named
the noble grand, on the representation of the prisoner
that a member, who in fact was not ill, and never applied
for any order, was ill, and wanted a cheque for 125.,
countersigned one already signed by the prisoner, and
handed it to him. The latter altered it to 31. 12s. Gd.,
and it was afterwards paid without any suspicion of
fraud. There was no evidence that it was presented by
the prisoner. Oa the close of the case for the prosecu-
tion, it was objected on the part of the prisoner that
those counts could not be sustained which charged the
intent to defraud Jacob Chatterley and others, or Rees
and others, as in both classes of counts " others" should
be taken to include the prisoner himself, as he
was a member of the society and part owner of the
funds, and therefore amounted to a charge that
the defendant intended to defraud himself. Ilis
Lordship, however, held that " others" must be taken
to include all the other members except the pri-
soner, and therefore was sufficient, withi❑ the pro-
visions of the 7th George IV., c. 64; but that if
necessary ho would reserve the point. It was next ob-
jected that the counts which charged the intent to be to
defraud the treasurer could not be sustained, as the pro-
perty belonged not to him alone, but to him jointly with
the prisoner and the other members of the society. But
his Lordship held that, as the same law that applied to
bankers applied to other agents, and the treasurer had a
duty to pay only on genuine orders, and this order, if
valid, would protect him, and if not valid, would
not protect him, he was defrauded by paying it ;
and, therefore, the intent was rightly laid to defraud him.
On this point his Lordship had no doubt, and he was
not requested to reserve it; and the prisoner having
been convicted of the forgery was sentenced to seven
years' transportation.
liza Hunt was indicted for uttering, on the 4th of
May last, a forged request for the delivery of a quantity
of grocery goods, with intent to defraud Henry Roper.
Mr. Barrett appeared for the prosecution; the pri-
soner was not defended.

In the details of the case there was nothing worth
mentioning; and it is noticed only in consequence of a
decision ot the Court on the construction ot the recent
Act 11th and 12th Viet. c. 42, which is of practical im-
portance. The 18th sec. of that Act provides that the
prisoner's statement at petty sessions " shall be taken
down in writing, and read over to him, and shall be
signed by the said justice or justices, and kept with the
depositions of the witnesses, and shall be transmitted
with them as hereinafter mentioned ; and afterwards
upon the trial of the said accused person
the same nriy, if necessary, be given in
evidence againit him without further proof
thereof, unless it shall bo proved that the justice or
justices purporting to sign the same did not, in fact, sig❑
the same." The prisoner in the present case made a
statement before the magistrates, which the counsel for
the prosecution proposed to give in evidence merely
by calling for the depositions and reading it from
them.

His LORDSHIP said that h© had at first entertained an
opinion that this was not the proper course; but he had
had occasion to consider it at Hereford with his Learned
Brother Baron Rolfe, and they both came to the con-
clusion that they would tal;e notice of the transmission
of the depositions from the petty sessions, and that on
the coußsel calling for them from the officer of the
court, or the judge, and their being produced, nothing
more was necessary in order to allow a statement made
by a prisoner before the justices at sessions to be read
against him.
The depositions were then called for, and were handed
down by his Lordship, and the officer of the court read
the statement.

The prisoner was ultimately Acquitted.
The business had not closed at post-hour (half-past
six), but it is expected that it will bo brought to a con-
clusion this evening.