The Sun.
London, England, 1841-11-22 00:00:00

MORNING SUN

fourth-that for children. This-is a striking truth, and
speaks volumes as to the present unhappy state of Not-
tingham. Then there are also some who meditate an
early settlement in America, and others who intend
going speedily to New Zealand, " The garden of the
South Seas," and a few to the various Australian colo-
nies.—Nottingham Review.

SUICIDE OF AN ENGLISH OFFICER IN
PARIS.—This morning, very early (writes our Paris
correspondent on Thursday), an English naval officer,
named Charteris, residing at an hotel in the Rue de Ri-
voli, threw himself from the third floor into the street.
Both his legs were broken, and his skull was fractured.
He survived about two hours, but in a state of insen-
sibility. There can be no doubt that this fatal act was
the result of insanity. Before he committed it he had
burnt-all his-effects, even to the clothes which he had

worn the preceding day. He was about 45 years of age.
[We believe the officer here alluded to is Lieutenant
Charles Charterisi

On Friday morning, at half-past eleven o'clock,
an inquest was taken before Mr. Wakley, M.P., at the
house No. 9, Grove road, St. John's Wood, on view of

the liody of :grow Mitchell, Esq., aged 64, a gentle-
man ei independent fortune, who committed suicide by
shooting himself. Evidence to that effect haying been
adduced, the Jury, after a lengthened discussion, re-
turnad a.verdict, "That the deceased was found dead of
certain mortal injuries inflicted on himself with a pistol,
and at the time of the suicide he was insane."

We have pleasure in mentioning the following
circumstance :—lt being found that the 98th Regiment,
now on the point of embarkation for China, was short by
fifty men of its complement, the provisional battalion at
Chatham, composed of the depots of , several regiments,
was paraded, and scarcely had the wder permitting them
to volunteer into the 98th been mead, when 200 men

stepped forth from the ranks, offering themselves as `•u-
lunteers for active service.

THE NlS'!r Poo R-L A W.—The Woolwich, Dept-
ford, and Greenwich Union ali911; to PC dissolved, cn
the ground of the immense pophlation of 'the tore pa-
rishes,'and the delay and inconvenience consequently ex-
perienced by the poor in obtaining relief. A great law
authority has declared the proceedings of the New Poor-
law Commissioners to be perfectly illegal.—Kent Herald.
Within the space of eight or ten days as many
as fifteen persons have been committed to prison from
the neighbourhood of Bradford, on charges of felony.
Early on Tuesday morning the ground was
covered with snow between this town and Margate, two
or three inches thick, the sun shining as the day ad-
vanced it has disappeared. By arrivals we learn the
French hills between Calais and Boulogne have also
been covered with snow for the first time this season,-the
weather having set in cold with frost two, or three days
past.—Kent Herald.
MATCHLESS EFFRONTERY. —• We are in-
formed, on undoubted authority, that Bogle, the hero of
the " Bogle v. Lawson" case, has commenced another
action against the Times newspaper fur libel; the alleged
libel being stated to consist of the reported observations
made upon him by the various speakers who have taken
so active a part in the arrangements for the testimonial
so well-merited by our able Contemporary.—Shipping
Gazette.

SUSPICIONS OF THE ORANGEMEN.—It iS
quite manifest, from the tone taken by some of the Lon-
don journals in reference to the proceedings of the Irish
Executive, that it was the intention of the extreme
Liberal section of Sir Robert Peel's Cabinet to sacrifice
the Irish Conservatives at the shrine of conciliation, and
to prostrate the spirit of our party before the idol of po-
litical expediency. The sneering—indeed the insulting
—tone in which that party is spoken of, and evidently
per order, is but a poor requital for exertions made, and
an ungrateful return for services rendered. Luckily for
the existence of Lord De Grey's Administration— and
still more fortunately for the peace and prosperity of the
country, the sturdy stand made, and the bold reclama-
tion put forward, backed and supported as both were by
the sense and concurrence of Protestant Ireland—have
produced an effect so salutary, and at the same time so
satisfactory, that we will not disturb the good feeling now
existing, by prolonging a controversy, the cause of which
has been so happily removed.—Dublin Evenin
FALMOUTH, Nov. 17.—Her Majesty's packet
Penguin, Lieutenant Leslie (late Luce), and the Lyra,
Lieutenant Collier, were detained from sailing at the
usual hour to-day, but it is probable they will proceed
during the evening for their respective destinations, on
the weather becoming more moderate. The Penguin
has several passengers, chiefly for Jamaica. Lieutenant
Wedderburn of the 52d ; Mr. Perry, the Misses Perry,
governess, and maid servant ; Mr. Anderson, Mr. Mon-
santo, Mr. and Miss Knight, Mr. Moxey, Mr. Bissell,
Mr. Gunter, Mr. Gardner, Mr. Evans, Mr. Flamant, Mr.
Cumming, Mr. Adanis, Mr. Kirkwood, and Mi. Sinithett.
The Lyra's passengers, for Havannah and Mexico, were
Mr. and Mrs. Vaughan, Mr. and Mrs. Welsh and maid
servant, Mr. Kerford, Mr. Ettles, Mr. Newall, and Fran-
cis Rouse.

WRECK.—FOUR LIVES LOST.—.—DOVER,
NOV. 18.—This morning the Confidence, of Barking,
fishing-smack, was brought in here in tow of one of the
Dover fishing vessels, with loss of mast, &c., and four of
her crew. The disaster occurred in a sudden squall off
the coast of Holland, about six o'clock on Sunday even-
ing ; and the wreck, after being driven about at the
mercy of the winds and waves for about 24 hours, was
picked up by our fishermen on Monday afternoon. The
crew consisted originally of eight persons. At the time
of the accident the Captain was on a visit on board of
another vessel, a customary practice, we understand, in
moderate weather, when little is doing in the,fishing de-
partment, as was the case in this instance. Three men
and three boys were on the deck of the Confidence, when
a gale came on suddenly, and a tremendous sea struck
her, carrying away the mast, sails, and every part of the
standing rigging, and washing overboard two men and
three boys, all o whom perished except one little fellow,
about 14 years of age, who caught hold of the boom as it
floated at the vessel's side, and by this' means he was
ultimately saved, after remaining a considerable time in
the water. One of the men drowned was married, an-
other a young man just out of his apprenticeship; and the
other two were mere youths.
The investigation as to the cause of the death
of a soldier belonging to the 65th regiment, has termi-
nated in a verdict of manslaughter against W. Irwin, the
keeper of the shooting gallery at the Old Ring of Bells.
Irwin has been committed to take his trial on the Coro-
ner's warrant. The body of the deceased was interred
on the 10th inst., in St. Andrew's burial ground with
military honours.—Plyinoutk Journal.
Among the numerous disasters occasioned by
the late floods in Dauphiny, the following is related :
A Marge farmhouse, near the bridge at Tronchebourse,
in the Isere, belonging to a M. Gras, was invaded and
ultimately washed down by the force of the increased
current of the Dolon. One of the men, in endeavouring
to save the cattle, was carried away and drowned. M.
Gras was with him, but could not save him. His wife,
eldest daughter, and female servant were in one of the
rooms, while two younger children were asleep in an ad-
joining one. The water came in so strong that they
found it impossible to open the door, and were soon
obliged to get upon a table. This soon began to float,
and the only means they had of keeping it steady was by
pre s s nig.
Gwri tas, hheeai rriho
ga nds a
thoirgaior ni
es
st
ftohre
rbeel
iaomf,smoafn
at he ceil-
ing.
ge
dby
knocking some bricks out of a wall which separated a
hay-loft from the room next above it to make his way
into it. Here he tore up two boards of the floor, broke
a hole through the ceiling, and by it drew his wife, his
daughter, and the servant up to him. As soon as these
were safe, ho descended, got to the room of the other
children, and rescued them also. The eldest, a boy two
years old, was sleeping .in his bed, and the other, a little
girl, not more than ten months, was equally tranquil in
her cradle, although it was actually afloat.
HIGHWORTH.—A NEW WAY TO PAY OLD
DEBTS.— On Thursday se'nnight, Mr. Williams, of this
town, delivered his bill, which had been some time stand-
ing, to Mr. T. Sealey, at RoUnd Robin Farm. Seeley
disputed the correctness of the bill, and without much
ado, took his horsewhip, and laid the heavy butt end of
it across Mr. Williams's head, cut his hat, and severely
injured him ; he also got him on the ground and tram-
pled upon him. Mr. Williams at length rallied, and
fought a round or two with success. After this conduct,
what does Mr. Sealey do? Apologise, of course? No;
he took his horse, rode to Swindon, and positively
obtained.a. summons against Mr. Williams for an assault.
The case was heard on the following:Thursday, arld,tailso
might be expected, dismissed---sealey having to'tlb)i_
piper. Mr. Sealey is no great favourite Not heetn4"
tants of this town ; and on the sth of
rnl,
ed with em-
effigy was carried round the streets and bu
of the evening the
blematical inscriptions. In the course ...
•of visiting were
windows of a house he was in the habit ember his
broken, and much violence committed•
successful candi-
date—" an electioneering attorney's bill
ttoofa
a tavern window
To having been thrown ou
two ribs broken by
All the world has heard of the remarkable item
while canvassing for you, and havingha
sent in to Capt.
amages, arising
Elliot for compensation o
the fall, 500 V-flint one onf
, a Yankee merchant, is
out of the attack on Canton, 133, _
1 inconvenience
It is for Persona
worthy of renown. Canton
entleman sent in a claim of
paper adds that the same g
"but that claim was disallowed."
at chcemcm t charges
ds-
-50 dollars for a dog;
resume the charge for " the incon-
veniencesuffered and risk of life, 15 000 dollars." The
From this we may p
ANECDOTE Of SULTAN MAHMOUD —His
Highness was some
suitll against
years ago going in state to a mosque,
ded as far as the tomb of his father, Abdul
hlehnaain,ea
and had proceeded and risk of life" was paid_ _
old ussulman,
of mild but serious aspect, suddenly seized his stirrup,
me
.to the Mekhemme—(liall of
you—aecomPanY
Jus-
tice.) The Sultan,
without evincing the least
surprise ,
red "It is well—l will go, but it will be b
andiiarnsiadi Khan,
t' at
1 the will ofk."
aGP soi w;
rep 1
Y.
deputy." Then turning to the Stambol Effendesst
(Mayor), he added, " I constitute you my representa-
tive—let two gentlemen go with you to certify your
identity, and do you see that justice takes its
course." The man quitted his hold of the stirrup
—the procession moved on—and the others went straight
to the Mekhemme. It turned out that the plaintiff
having a piece of land which adjoined that of the govern-
ment at Adalia, the governor had, on some pretext or
other, taken possession of it twenty-seven years before,
notwithstanding that the owner held the title deeds.
These documents were now produced, examined, and
found to be in order, and the Sultan was condemned not
only to restore the property, but to pay the proprietor
the rent of it for twenty-seven years. All was done
without a remark, and the man in a few days set out for
Adalia. Previous to leaving the capital, however, Mah-
moud sent for him, complimented him on his spirited de-
termination, and loaded 'him with presents. He then
dismissed 'fortunate subject with words to this effect,
"Return home, and should any man wrong you, if the
authoritio fail to do you justice, recollect I itm here•l7

MORNING SUN

LAW INTELLIGENCE.
COURT OF CHANCERY, Nor. 20.
The LORD CHANCELLOR sat in his Court at West-
minster to-day, shortly after 10 o'clock.

VAUGHAN V. BUCK.—JUDGMENT.
The LORD CHANCELLOR gave judgment to-day in
this case, which was argued before his Lordship in the
course of last week, upon an appeal from the decision
of his Honour the Vice-Chancellor of England. The
principal question in this case was whether the testator
in the cause intended by his will to give his wife an ab-
solute, or only a life-interest, in the property bequeathed
by his will. On the case coming on before the ;Vice-
Chancellor of England, his Honour thought the wife
took a life-interest only, and. decreed accordingly, di-
recting the property to be converted. Frem that decision
the parties appealed, and upon that appeal the Court
now gave judgment. His Lordship said the question in the
case arose under the will of Mr. William Henry Vaughan.
The testator appeared to have been an illiterate person
and to have drawn his will himself, and it was, there-
fore, difficult to form an opinion as to what the inten-
tions of the testator were upon an instrument so framed.
The testator began his will by bequeathing the whole of
of his property, during her life, to his wife, and, after
her death to his surviving children, excepting two
small sums which were to be appropriated to the
putting out of his two sons to some trade. He then
gave 1001. each to his two sons, and a similar sum to
his two daughters ; and afterwards he gave his books,
pictures, and plate, to his wife. The total amount of
these legacies bore an inconsiderable proportion to the
rest of the property disposed of by the will of the tes-
tator. After these bequests the will proceeded to enume-
rate certain leasehold property, money :in the funds, and
Long Annuities, possessed by the testator, and stated
" all these I give to my wife, and the residue, if any."
Under those words it had been contended that the widow
took an absolute interest in the property con-.
tained in that clause of the will. His Lordship was
clearly of opinion dint that was not the true construc-
tion of the clause, and that such was not the intention of
the testator. That clause must be considered as extend-
ing to all the testator's property, except the legacies be-
fore given. It would be, therefore, difficult to suppose
that the testator, after having, in ,a few lines before,
given the whole property to his wife for life, should, in
the same clause, give th,i property to her absolutely. In
the opinion of his Lordship it was not reasonable to put
such a construction upon the will of the testator, it
being clear to the Court that the intention of
the testator was only to enumerate, in detail,
what he had before given in ;general terms, and
not to make a new disposition of his property. This
appeared to his Lordship to be the true construction
of the will, and he was therefore of opinion, that the
widow only took a life estate. The next point raised,
was, whether the whole property was to be converted,
or whether it was-to be enjoyed by the widow in specie.
His Lordship thought the Court ought to put the same
construction on the will in this respect, as if the
whole property had had been included in the
same clause. His Lordship thought, that as to
the leasehold premises and the Long Annuities
the gift was clearly specific, and that therefore the
widow was entitled to the enjoyment of them in specie.
The decree of the Court below must be varied as to
those two particular subjects, but with respect to all the
other matters it must be affirmed.

Air. GIRDLESTONE presumed, as infants were con-
cerned, the Court would order the costs of all parties to
come out of the estate.

The LORD CHANCELLOR— Yes ; I think that will be
the proper course to adopt.

MITFORD I". REYNOLDS.

Mr. BETHEL concluded his reply in this case.
The LORD CHANCELLOR postponed his judgment.
ROLLS' COURT, Nov. 20.
NORBURN C. OLLETT.

Mr. PEMBERTON and Mr. ROLT stated that this suit
was instituted by one of the trustees and executors, who
was also a a legatee, and interested in remainder under
the will of Thomas Norburn, deceased, for the purpose
of having the accounts taken and the trusts of the will
carried into execution. The testator was a farmer in the
county of Norfolk, and made his will on the 30th of
June, 1832, and thereby devised his real estate, subject
to certain annuities and legacies, to his daughter, Mary
011ett, the wife of the defendant, with remainder to his
son in tail, with remainder to his daughter in similar
manner, and with remainder over to the plaintiff, who
was testator's brother, and testator appointed plaintiff and
Mrs. 011ett his executors; and, having died Oct. 29, 1835,
the will was severally proved by them. It was alleged by
the plaintiff that some years before the testator's death
the defendant had occupied and been rated to the parish
for a farm belonging to testator, and had possessed him-
self of stock and effects, on account of which he
was indebted to the estate in the sum of 1,0001,
and that on application he had refused payment of the
legacies and an account of the assets. A bill was,
therefore, filed by the plaintiff, praying that the will
might be established, a receiver appointed, and the
trusts carried into effect. The defendant, in his answer,
alleged that the testator, at the time of his death, was
indebted to him to a considerable amount in respect of
ploughs and other agricultural implements supplied by
him to the testator in his lifetime, and in respect of pas-
turage on a farm of the defendant. He admitted that he
had occupied the farm of the testator, but alleged that
he did so under an arrangement, by which he was to
hold it without payment of rent. He also alleged that
testator had engaged to give him a portion of 2,200/. on
his marriage with testator's daughter, but had not done
so ; and that he was ready to pay the 'sum charged upon
him on payment of this sum, but not otherwise.

Mr. RINDERSLEY and Mr. BLUNT, on behalf of the
defendant, said their client was willing to give an ac-
count of the assets, but denied that he was liable to
charged with an occupation rent. The defendant having
married testator's daughter, they had all lived together
and defendant had constantly Acted in the arrangement
of testator's farm, but under the direction of testator. In
the original bill nothing was said about defendant's occu-
pation of the farm; but defendant having in his answer
suggested that the estate was indebted to him in a con-
siderable sum of money for which he was entitled to ac-
count, the plaintiff thereupon amended his bill, and in-
troduced the allegation that the, defendant was a tenant
of the farm, at a rent of 1501. Defendant also alleged
that the marriage portion due to him, had never been
paid, and that he had expended more on account of the
testator than he had received of his personal estate, and
that plaintiff had also received considerable sums of
money on account of the estate for which he ought to
account. It appeared from the evidence that although de-
fendant was rated to the parish on account of his occupation
of the farm, those who had dealings with the testator in
respect of it, and the labourers and others connected with
the farm, all considered testator to be the occupant, and
that he had constantly exercised authority over it, and
controlled the acts of the defendant, and had repeatedly
stated that he would never give up the government of it
as 10n... as he lived.
Mr. ROMILLY, on behalf of the trustees, appeared and
supported the case of the plaintiff.
The MasTEn of the ROLLS said it appeared to him to
be a question whether the answer of the defendant was
sufficient to allow him to let in evidence. The sole ques-
tion in the ease was, on what terms the defendant en-
tered on the management of the farm, it being alleged
by the plaintiff that he did so as a tenant, and liable to
pay a proper sum for use and occupation ; and on the
other hand, it being alleged by the defendant that he
occupied it at the desire of the testator, and for the com-
mon benefit of the testator's family, of which he had re-
cently become a member, and in consideration of certain
things held out to him ; and this appeared to him an
extremely natural arrangement.. If the defendant's an-
swer was inconsistent with the evidence he must re-
ject the bill; but if it was not, he did not see why he
should be charged with rent during the testator's life-
time. He would give his decision on this point on Mon-
day. The accounts must be taken, and the will esta-
blished.

MORRELL V. SUTTON.
Mr. PENnEnsrost and Mr. KINDERSLEY stated that the
case came on upon proofs of the case, and on the
Masters report, for preliminary inquiry. The sole ques-
tion in it was, whether a bequest made to a lady named
Calcott, in the will of Edward Lloyd, bearing date
April 15, 1789, was a bequest for her life, in events
which
happened, or whether it was a bequest in events
which happened of an absolute interest. If it was a be-
quest
of . inres t it. was
.admitted by all parties
was entitled ; if it was a bequest of
that the plaintiff
The bequest was as follows :-:
absolute. interest it was equally admitted that the
defendant
defendant was entitled.
h unto Anne Elizabeth Waring,
.. I give and
. Waring, my cousin, Sarah Calcott,
wife of the Rev.
Id under the Dean and Chapter of
the elder, and Mary _Spencer, all my leasehold estate in
Gloucestershire, he
Bristol, to hold to
them for and during their joint na-
tural lives, and thelifetof the longer liver of them, but
subject, nevertheless to, and charged and chargeable
with, the following
an'nuities ; that is to say, one
annuity of 201. a year to my
relation, Esther Jerginson,
wi
during her life, and th one another annuity of 20/. a
daughter of the said Esther
year to Sarah Jerginson,
Jerginson ; and with one other annuity of 10/. a year to
my relation Mrs. Oddenbrook, and which several ennui-
,
ties I do hereby direct to be charged on my said estate
half-yearly, as
in Gloucestershire, and to be paidthe rents of the said estate can be received,
without any deduction for texas or otherwise,
and from and after the decease of the said A. E.
Waring, S. Calcott the elder, and M. Spencer, I give, de-
vise, and bequeath my said leasehold estate in GlOti
annuities,
cestershire, subject to the said several
be
then to the
said Sarah Calcott, the younger, if she should
liv-
ing, her executors, administrators, and assigns, subject
to the said annuities charged thereon, during the term
of her natural life. And if the said Sarah Calcott the_
.younger should die in the lifetime of the said A.}:.
Waring, S. Calcott the elder, and M. Spencer, leavin,,_
any lawful issue that shall be living at the decease of
the survivor of them, the said E. A. Waring, S. Calcott the
elder, and M. Spencer, then I give, de vise, and bequeath the
said leasehold premises after the several deceases of the
said A. E. Waring, S. Calcott the elder, and M. Spencer,
to such child or children of the said Sarah Calcott the
younger, as shall be then living, to be equally divided
between them, if more than one, share and share alike ;
Provided that if any child of the said Sarah
Calcott the younger shall be then deceased, leaving
issue then hying, such issue shall be entitled to the
same share as his, her, or their parent would
have been, if then living, equally between them, if more
than one. But if the said Sarah Calcott shall die in
the lifetime of the said A. E. Waring, S. Calcott the
elder, and M. Spencer, or either of them, without leav-
ing lawful issue, livin—
g at the decease of the survivor of
them, the said A. P.
B. Waring, S. Calcott the elder, and
M. Spencer, then I give, devise, and bequeath all my
said leasehold estate in Gloucestershire, after their
several deceases, but in
to the said annuities, to E.
Jerginson, and her daughter, s. Jerginson, to Thomas
Jerginson, the son, and. Charles Merrell, their executors,
administrators, and assigns, for the whore iesidises of my
"said leasehold interest therein. in equal shares and propor-
tions." Testator then devised his real estate upon certain

trusts under which the plaintiffbecame entitled to them, and
directed the general residue of his personal estate to be
converted into money, and laid out in the purchase of
land, to be settled to the same uses. Sarah Calcott, the
younger, survived the three tenants for life, and mar-
ried a gentleman named Sutton, whom she also sur-
vived, and died in the year 1838, without
children; having made a disposition of her pro-
perty, under which, it was not disputed, the pre-
sent plaintiff was entitled, if she had taken only an
estate for life. The Learned Gentleman then argued at
considerable length that Sarah Calcott, the younger,
took a beneficial interest for life only under the testator's
will ; that testator bad given her an absolute legal in-
terest, because she had to deal with the estate as a trustee;
and that if it was attempted to separate the legal from
the beneficial interest the words would be inoperative.
Mr. Tinney, Mr. Turner, and Mr. Dixon (contra) ar-
gued that the devisee, Sarah Calcott the younger, took
an absolute interest.

The MASTER of the Rous said he would give judg-
ment on Friday next.

THE SHEFFIELD CANAL COMPANY V. THE SHEFFIELD

AND ROTHERHAM RAILWAY COMPANY.

Mr. PEMBERTON stated that this suit was for the spe-
cific pertbrrnake of an agreement. The Learned Gen-.
tleman was opening the case for the plaintiffs when the
Court rose;' and the farther hearing was adjourned to
Monday.

VICE-CHANCELLOR'S COURT, Nov. 20.
SALISBURY V. MORRIS.

The further arguments in this part-heard cause, the
facts of which we have already stated, occupied the
Court the whole of the day.
(Before the Vice-Chancellor WIGRAN.)
BOWSER V. COLBY.
His Homoun disposed of several of the points raised by
the Counsel in this cause, but reserved his final decision
with respect to the argument that the plaintiff had no
right to relief because he had not paid the rent within
the time required by the Act. His Honour, after
examining the cases cited on that point, said he thought
the plaintiff had not lost his right to relief at the hearing
of the cause, if he were otherwise entitled to it, simply be-
cause he had not paid the money into Court within forty
days from the filing of the answer. He thought that he
would be at liberty to give relief, if a case of relief were
made out. With respect to the argument as to the re-
entry of the landlord, on that point, also, he was of
opinion that this case was within the ordinary cases in
which the Court could give relief. Another point was,
whether the defendant should be at liberty to show that
there had been breaches of the covenant. He appre-
hended that nothing could be more clear, than that
where a party came to a Court of Equity for its
assistance, the Court would inquire whether, if
the party had been in possession of the right
he claimed, that right would, or would not,
have been forfeited. 'The defendant, therefore, had a
right to bring before the Court any breaches of cove-
nant, and, if committed, would occasion a loss of the
lease. Whether these breaches would be proved in the
cause, or tried by an issue, must depend very much upon
the course taken in the pleadings. He would, however,
reserve his final judgment until he had examined the
papers.