The Sun.
London, England, 1834-11-03 00:00:00

VICE-CHANCELLOR'S COURT, Nov. 1.

This being the First Seal before Michaelmas Term
Honour sat at Lincoln's Inn aud heard motions.

POIRET V. PHELPS.
Sir EDWARD SUGDEN, with whom was Mr. COOPER,
moved for a receiver of the real estates of the testator
Frederick Phelps, under these circumstances. In 1825 the
testator made a will, by which he gave all his real and per-
sonal estate to the defendant, Mr. Philpots, upon trust
for the plaintiff, Madame Poiret, with whom it appeared
he cohabited for many years previous to his death.
Upon that occasion Mr. Philpots declined inter-
fering, alleging that in 1828 the testator had executed a
testamentary paper, of which Mr. Philpots was also devisee
in trust, by which the former was revoked, and some be-
quests made to members of the testator's family. It was
asserted on the one hand and denied on the other that
Madame Poiret was interested in the residue ; but the will
was not forthcoming. After a contest in the Prerogative
Court, proof of the will of 1825 was admitted in February
last, and an appeal from that decision is now pending. It
was admitted that a receiver of the personal estate during
the litigation for probate was proper. The bill was filed to
establish the will of 1825 as to the real estate. The heir-
at-law of the testator was alleged to have taken possession
in collusion with Mr. Philpots. Before answer he died,
leaving the infant defendant, William Edward Phelps, his
heir-at-law ; and it was now contended that the possession
was either improperly assumed or was now vacant.
Mr. Knight, Mr. Rolfe, and Mr. Bethell insisted that
Modame POiret, being an alien, could only take for the bene-
fit of the Crown, and that the Attorney-General was not a
party.
The VICE-CHANCELLOR observed this was not a question
whether there was a will or not, but whether the will of
1825 was revoked by that of 1828 ; and under the circum-
stance of the death of the heir-at-law, alleged to have been
in possession, he thought no harm could be done by appoint-
ing a receiver.

SERIOUS ACClDENT.—Saturday afternoon, as Mrs.
Walter Nasmyth, of Seymour-street, and her two daughters,
were proceeding along the Edgware-road, in a phaeton, a cart,
the driver of which was evidently in a state of intoxication,
came with such force against the first-named vehicle as to-up-
set it, and precipitate all three of the ladies into the road. On
the bystanders lifting them up, it was discovered that all of
them were more or less bruised, and one was completely
stunned by her head coming in contact with some of the brass
work attached to the harness. The driver of the cart escaped.

NEW CENTRAL CRIMINAL COURT

`OLD BAILEY.

Saturday being the day appointed for the opening of the
Central Criminal Court at the Old Bailey, a large con-
course of persons assembled at the outside of the Court
some time before two o'clock, the hour at which it was un-
derstood the ceremony would be gone through. So early
as half-past one, the Court itself was filled in all parts by
well-dressed individuals. We observed many of the fair sex
present, among whom were several members of the Society
of Friends. Counsel mustered unusually strong, so much
so that the place appropriated for them could only with dif-
ficulty contain them. The jury box was crowded, and the
seats behind those set apart for the reporters, together with
those on the left-hand division of the Court, were chiefly
occupied with Common Councilmen. Shortly after two
o'clock the Lord Mayor, Lord Wynford, and a gentleman
whose name we could not learn, appeared in Court, and
took their seats in the places appropriated for the Judges.
As Lord Wynford made his appearance first, it was sup-
posed that the Lord Chancellor had abandoned his inten-
tion of being present at the ceremony of opening. Con-
siderable disappointment was consequently expressed ; but
in fifteen or twenty minutes afterwards it began to be whis-
pered that his Lordship had arrived, and was in one of the
adjoining rooms. Lord Wynford and the Lord Mayor
then withdrew from the Court, and soon after, namely,
about three o'clock, the Lord Mayor and the Lord Chan-
cel!or, followed by a number of the Judges, the Sheriffs,
and other great Law Officers of the Crown, made their
appearance.
The Lord Chancellor sat on the right hand of the Lord
Mayor. The Noble and Learned Lord, on taking his seat,
made some remarks to those of the Judges nearest him
respecting the alterations and improvements which have
been made in the Court, the purport of which we could not
hear. His Lordship looked well, and as if in good
spirits. The following are the names of the Judges
and Barons of the Exchequer, and Law Officers
of the Crown who were present on the occasion,
namely, the Lord Chancellor, Chief Justice Tindal, Mr.
Baron Parke, Mr. Justice Gaselee, Mr. Baron Vaughan,
Mr. Justice Alan Parke, Mr. Justice Bosanquet, Mr. Ba-
ron Bolland, Mr. Baron Gurney, Mr. Justice Alderson,
Mr. Justice Williams, Mr. Justice Taunton, Sir John
Cross, and Mr. Erskine, the Judge of the Bankruptcy
Court of Review, Sir •Herbert Jenner, Sir John Nicholl, of
the Admiralty Court ; Mr. Sergeant Arabin, and Mr.
Law, the Recorder of the City. .

Mr. Woodthorpe (Town Clerk), read the proclamation
of the King, authorising the opening of the New Court.
While this part of the ceremony was being gone through
all the Judges and other persons in the Court rose.
The Lord Mayor then. said, that in virtue of the Act of
Parliament .instituting the Central Criminal Court, it was
necessary to appoint a Clerk to that Court ; and as the per-
formance of this duty devolved upon him, he had the highest
possible pleasure in nominating Mr. John Clark to that
office.

Mr. Clark was accordingly declared duly elected.
The Clerk then read a paper to the Court, intimating
that the Court would sit for the next twelve months, for

the trial of all offences within its jurisdiction, on the fol-
lowing days, namely—Monday, November 24 ; Monday,
December 22 ; Monday, January 15 ; Monday, March 2 ;
Monday, April 6 ; Monday, May 11 ; Monday, June 15 ;
Monday, July 16 ; Monday, August 19 ; Monday, Septem-
ber 21 ; and Monday, October 26.
The Clerk also intimated that there would be no Winter
Circuits in the places within the jurisdiction of the Court,
but that all the prisoners now in custody should be re-
moved to London to take their trials at the November Ses-

sion.
The ceremony of opening the Court did not last above
fifteen minutes. The Lord Mayor, the Lord Chancellor,
and all the Judges and other Law Officers then withdrew.
The officers and other persons connected with the Court
took off their hats to Lord Brougham on his way through
the enclosed space outside the Court to his carriage, which
mark of respect his Lordship acknowledged by a gentle in-
clination of the head. He appeared in his official robes.
The alterations and improvements which have taken
place in the Old Bailey, preparatory to the opening of the
Central Criminal Court, were the subject of conversation
among the persons present. They are generally approved of,
though some think the place might have been made much
better. The expense, we understand, by the time all the
contemplated alterations are completed, will be about thirty
thousand pounds.
The Central Criminal Court Bill came into operation on
Friday. Its jurisdiction is very extensive. This Court
will inquire of, hear, and determine all treasons, murders,
felonies, and misdemeanours committed within the city of
London and county of Middlesex ; within those parts of the
county of Essex comprised in the parishes of Barking, East
Ham, West Ham, Little Ilford, Low Layton, Waltham-
stow, Wanstead St. Mary, Woodford, and Chingford ;
within those parts of the county of Kent comprised in the
parishes of Charlton, Lee, Lewisham, Greenwich, Wool-
wich, Eltham, Plumstead, St. Nicholas, Deptford, that part
of St. Paul, Deptford; which is within the county of Kent,
the liberty of Kidbrook, and the hamlet of Mottingham ;
and within those parts of the county of Surrey comprised
in the borough of Southwark and the parishes of Battersea,
Bermondsey, Camberwell, Christchurch, Clapham, Lam-
beth, St. Mary Newington, Rotherhithe, Streatham, Barnes,
Putney, that part of St. Paul, Deptford, which is within
the county of Surrey, Tooting-Gravenny, Wandsworth,
Merton, Mortlake, Kew, Richmond, Wimbledon, the Clink
Liberty, and the district of Lambeth Palace. These dis-
tricts include a population of nearly 1,800,000 persons.
The public are looking forward with considerable in-
terest to the working of th Bill. It is expected that with
those prisoners already in custody in the different places
within the jurisdiction of the Court, and those who will be
committed befere the 24th of the present month, there will
be a great number of trials at the first Session.

POLICE INTELLIGENCE.

MANSION-HO USE.

*POOR LAWS.--oil Saturday, just as the LORD MAYOR
took his seat, a young woman, a perfect picture of squalid
misery and wretchedness, applied to his Lordship for advice
how to act under the following miserable circumstances :
In consequence of the ill-treatment she had received
from her husband she had been compelled to leave him and
go to service, but about nine months ago she was compelled
to give up her situation, in consequence of a severe attack
of rheumatic fever, but every appeal to her husband for
assistance was unavailing, and she was now reduced to ab-
solute starvation. She had applied to the parish officers
where she resided, but they refused to relieve her.
The LORD MAYOR regretted he could not assist her,
and inquired' where she was legally settled ? Applicant
said at Chiswick.

The LORD MAvon--Then apply there.
Applicant—l have, my Lord, but I cannot get relief.
The LORD MAYOR—Then I tell you what to do ; go
to the overseer—knock at the door—walk into his parlour,
and take a seat. _ _ .

Applicant—But then he will have me sent to prison.
The LORD MAYOR—No` no ; he will not, if you do that,
and show you are determined not to starve. He will
glad to get rid of you on better terms.
The applicant, after thanking his Lordship, left the office.