The Sun.
London, England, 1856-04-17 00:00:00

LAW' INTELLIGENCE-April 16.

JUDICIAL CO NIMT.TPEE OF PRIVY COUNCIL.
(Before Mr. Pemberton Leigh, Sir Edward Ryan, Dr.
Lushington, Lords Justices Knight Bruce and Turner.)
PRINSEP AND THE HON. EAST INDIA COMPANY V. DYCE
SOMBRE, TROUP, AND SOLAROLI.
The Attorney-Genera!, in resuming his reply, called
the attention of their lordships to the conduct of Mr.
Dyce Sombre subsequently to the execution of the will.
All the tendencies to excess of every kind then became
greatly exaggerated. He was totally debased, and lost,
not only to all sense of morality, but of common decency.
He drank to the greatest extent, and it was impossible
to conceive a human being sunk to lower habits of de-
bauchery. His proceedings were such as to attract the
attention of the police, but still he went into the most
respectable society, and was always regarded as a sane
man. Tne evidence adduced warranted him (the Attor-
ney-General) in saying that the extravagances of the
deceased must not be set down to the score of in-
in=anity. When found, not in the privacy of his
ho el, but mixing in society, he knew what was due
to it, and never violated its obligations. The things
put before their lordships with so much power by his
learned friends on the other side did not proceed from
insanity, but were the return to his early habits.
There were none of those delusions so prevalent in
1843 and 1844. Gould it be wcndered at if, after the
quantity of brandy and wine which he took daily, be
should have sometimes mistaken fancies for realities ?
the state of his mind in 1851 had no bearing upon the
question before their Lordships, but at that period he
had been rendered prostrate by his debaucheries ; he was
in Paris, with no one attending him except his servants
avid his wretched companions, and, deprived of all hope
of everything that could give a charm to life, he plunged
more deeply than ever into excesses of the worst kind.
There was nothing to satisfy their Lordships that in
1849 he was unfit to make a will. If they were satis-
tied that the delusions of 1843 bad become effaeed in
1843 and 1849, was there anything in the evidence pos-
terior to that period which would induce them to say
that he was insane and incapable of making a will ? The
will propounded bore intrinsically no evidence of in-
sanity. He was examined by several medical men prior
to its being made, and they could not trace the presence
of insanity. What an anomalous thing it would be to
,ay that he had power to save a part of his income, but
had not power to dispose of it. At his death there were
in the hands of his bankers 9,0001. ; could he not have
disposed of it by contract ? If the validity of the con-
tract had been called in question, would it not have been
a sufficient answer to allege that the Lord Chancellor
had placed him in the receipt of the whole of his surplus
income ? If the contract could not be set aside, neither
ought the will. How had he disposed of the bulk of his
fortune ? For great, noble, and beneficent purposes. There
was no necessity here for referring to legal decisions, the
question at issue was purely one of fact. While he (the
Attorney-General) acquiesced in the propriety of thejudg-
°sent in " Waring v. Waring," as applicable to that par-
ticular ease, yet on metaphysical and legal considerations
he denied the soundness of the grounds on which it rested.
It was not the judgment of the whole Court, for it
was delivered, contrary to the usual practice, in the
first person singular ; " Waring v. Waring" was not a
case of monomania, but of general insanity. While no
doubt it was one object of the administration of justice
that persons incapacitated by mental infirmity should not
dispose of their property to the prejudice of those who
had a moral claim upon it, yet, on the other hand, he
tru,ted that it would never be lost sight of that while the
law gave a man the power to dispose of his property by
testamentary disposition, it was ersential that wills
should not bej lightly set aside, er otherwise than on the
most solid and convincing proof. Assuming, however,
thattheirlordshipsmight takea differentview of the whole
case from that which he and his learned friends who
were with him had presented, it was necessary to look at
the question of costs. If a party ebtained a will from
interested inotiles, and failed to establish it, he ought to
be mulcted in costs ; but where parties came forward as
trustees, not for their individual interests, but to protect
those of a charity, they stood in a different position, and
their case ought to be treated with all due consideration
by the Court. Tie deceased had said that his wife could
not expee., more than she had received under the mar-
riage settlement ; and if, instead of dying in 1851, the
victim of his own intemperance, be had lived and fully
recovered, could any one believe that lie would have
given his property to Baron Solaroli and Mr. Troup—
persons whom he had never been taught to respect ? Yet
those were the parties who, if the will was set aside,
would share between them this enormous and princely
fortune. When judgment was de ivcred by the Lord
Chancellor in 1819, refusing to supersede the commis-
sion of lunacy, his lordship had not before him the de-
ceased's j )urnal and the evidence which had now been
produced from India, which put the case on a dif-
ferent fueling. Considering the time occupied in the
discussion of case and the mass of evidence pro-
duced, would the East India Company have been jus-
tified in abandoning the will ? Seven months inter-
vened between the close of the arguments in the oourt
eelow and the del.very of the judgment. Miscon-
duct had been charged against Mr. Prinsep and
Lord Combermere for preparing the deceased to un-
dergo his medical examinations. He (the Attorney-
General) was nut there to justify Lord Comber-
mere, but he was convinced that his loxelship had acted
coin the highest and !noel praise sorthy motives. Tile
Queen's Advocate had poured f.rth a torrent of vitu-
peration and invective against those gentlemen, of which
he (the Attorney Genera') did not believe that his learned
friend or any one else possessed so large -a vocabulary.
Tee conduct of Mr. Prinsep towards the deceaeel had
been most kind throughout, and there was not one titt:e
of evidence to show that, he had been guilty of any im-
propriety of conduct with respect to the m king and the
execution of the will. The learned counsel concluded
by thanking their lordships, on behalf of the bar, for the
attention and patience with which they had listened to
this protracted argument.
Their lordships reserved their judgment.
The 101 l .wing counsel were engaged in the case :
For Mr. Prinsep—Sir F. Thesiger, Dr. Bayford, and
Mr. W. Forsyth ; for the East India Company—the At-
toraey-General, Mr. Wigeam, Dr. Hag‘,Yard, and Mr.
Melville ; for Mrs. Dyce Sombre—the Queen's Advo-
cate, the Solicitor-General, Sir F. Kelly, Dr. Jenner,
and Mr. W. Jervis ; for Mrs. Troup and Madame Sola-
roli—Dr. Twiss and Dr. Spinks.

POL11;E INTELLIGENCE.-April 16.

GUILDHALL.—AIfred Frederick Compere, a lao,
apparently about 15 years of ago, wai charged with the
EJllowing off iIICO

John Wheeler said he was manager in the warehouse
of Mr. Walker, needle manufActurer, of No. 1, Gresham
street West.. The prisoner hal been iu Mr. Walker'.,
service as errand boy about nine days. Oa Tuesday
evening witness was closing the warehouse atter every
one except the prisoner had left, when he was surprised
at finding that the lock, which was one of eisubli's pa
tent Spring locks, would not allow the door to shut.
He loiked at the loc'e and the catch and discovered
the screws of the latter had been drawn and nails sub-
stituted for them. He went up stairs for a light, leav-
ing the prisoner in the warehouse, and when he came
down stairs again he found that the prisoner had taken
out one of the nails from the catch, and on being asked
for it he produced a different nail to that which the wit-
ness missed. Mr. Walker then came in and the catch
was again secured. In the morning when the prisoner
elms to work he was searched by Pa,cktnan th• officer,
and the three screws which were missing from the catch
were found upon him. Ther• were no other screws like
them in the warehouse. A noise had been heard in the
warehouse ear!ier in the evening, and shortly after the
prisoner came upstairs and accounted for his being down-
stairs by saying that he went to fetch water, which had
already been taken up by some one else in the establish-
ment. The prisoner did not account for the screws
being in his possession, neither did he produce them on
the previous evening, although they had some difficulty
in finding screws to fasten the catch. Witness had no
doubt the prisoner's object was to rob the premises, be-
cause the door could be very easily pushed open from
without, if the catch had been fixed only with nails.
Pa,ckruan, a detective officer, said be believed, if it
had not been discovered that the lock had been tampered
with, there would have been a very serious robbery that
night, as there was a large quantity of very valuable
property on the premises.
Sir R. W. Carden said it was evidently a deep laid
scheme to rob Mr. Walker's warehouse, and he recom•
mended the prisoner to give the master every inforrna-
t•on, if, as he believed, he (the pris icr) was connected
with others more designing, who were making a tool of
him for their own gains.

EOWSTREET.—Henry Harris, a person of (lashing
appearance, wearing a heavy moustache and full beard,
,iescribing himself as a captai❑ in the army, and giving
his address at the Conservative Club, was charged with
obtaining. a coat, value 31., and 71. in money, from
Messrs. Matthews and Co., waterproofers, 78, Charing-
cross, by means of a forged cheque.
In answer to the magistrate the prisoner admitted that
he did not dive at the Conservative Club, but at York-
c'!ambers, Duke-street, and that he was not at present in
the army. Ile had been a captain in the German Legion,
and had been promised a commiisiJn in the Elthorne
militia.

Job Goody, shopman to Messrs. Matthews and Co.,
stated that on the 11th inst. prisoner called and selected
a waterproof coat, which he desired should be kept for
him until the following Tuesday, and then sent home.
fle gave his address, "Lieutenant Harris, 31, North-
bank, Regent's-park." On Tuesday, however, he called
again and said ho would take his coat and give a cheque.
Lie wrote out a cheque for 10/. and witness gave him the
change, 71. Ultimately he went away, taking the coat
with him. The cheque was drawn on Messrs. Cox and
Greenwood, Craig's-court. Witness presented it the
next morning (yesterday), and found that there were no
effects.

Sergeant Smith, of the detective force, said that from
information he had received he apprehended the prisoner
en this and some other charges at about two o'cl,ch that
a`ternooo. He found the prisoner at Messrs. Ca 's
livery stables. Prisoner said the cheques had lo:_en pre-
sented before the days they bore date.
Mr. Henry—But this one is dated the 15th of April.
The Prisoner—Yes, I have made a blunder with that
One. In fact, I shall have some money this aftu:•noon—
about 4001.
The witness, in continuation, stated that he found on
the prisoner four similar cheques, which he now pro-
duced. Two of these were dated the 15th cf Apri',
One from No. 2, St. James's-street, the other from t! e
Victoria Hotel. The other two were dated the 14th cf
April.
A'fred Frederick E imunds, clerk at Messrs. Cox
and Greenwood's, said that the prisoner had no account
there, Witness did not even know him by sight. In

the cheque passed to Mr. Goody he signed hitnielf as
of the "21 Elthorne There was no such re-
giment in existence ; there was but one Elthorne regi-
ment.

A remand was applied for on the ground that there
were several similar charges against him, in which the
parties were not in attendance, not having had sufficient
notice.

Mr. Henry inquired if the prisoner had anything to
say?

Prisoner—Only that lam perfectly innocent. Hay-
ing money to receive to-day or to-morrow, it is only
debt.

Mr. Henry assured the prisoner that he was mistaken
on that point.

The prisoner—I have the opinion of another magis-
trate on that paint. Well, will you accept bail ?
Mr. Henry declined to do so.
The prisoner—Or let ine have a policeman down at
my abode.

ilr. Henry—No, you must be taken down like any
otber prisoner.

The prisoner was accordingly remanded in custody, to
his manifest surprise and mortlfication.

MARLBOROUGH-STREET.—A military-lookipg
mustachoed personage, who gave the name of Alexander
King, was charged with assaulting Mr. David Good-
year, chemi-t, No. 31, Regent-street.
Mr. Leadley (the chief clerk) asked the defendant if
he had given his right name ?
The defendant said he had not, but he should give no
other.

Mr. Goodyear said the defendant came into his place
with a prescription for hair dye, and requested that it
might be made up and sent to his lodgings in Jernayn-
street. Complainant's assistant subsequently mentioned
to him. that the defendant had, on a former occasion,
ordered a prescription to be made up and afterwards re-
fused to ppy for the mixture. On Tuesday the defend-
ant came to the shop and asked why the prescription had
not been sent. Witness replied it was true the prescrip-
tion had not been sent, but it was ready. The defend-
ant looked at the mixture, and said he could get twice
as much for the money (Is. 6d.) at Hooper's, in Pall-
nar.ll. Witness replied that the defendant could not,
and then the defendant was walking out of the shop
with the prescription in his pocket, after saying he would
not pay him at all, when witness stopped him, upon
which the defendant deliberately thrust him through a
pane of glass, by which his arm was cut and injured.
The value of the glass was 2s. 6J. Complainant was
assisted by the shopman, but he was nevertheless bruised.
Eventually he gave the defendant into custody. The
prescription, which was a hair dye, was in an envelope,
on which was written "Major Kane," the defendant's
name, he believed.

The defendant 'aid be certainly did refuse to take the
hair dye, and be requested his prescription back, which was
refused unless he consented to pay for the hair dye. He
was making his way towards the door when the com-
plainant attempted to get before him, in order to inter-
rupt his egress: In the scuffle a pane of glass was
broken, and then the complainant and his assistant both
attacked him, causing his nose to bleed profusely,,which
his white handkerchief would prove.
Mr. Bingham considered there had been errors on
both sides, but more paitioularly on the part of defend-
ant, who, if dissatisfied with the charge, ought to have
paid the amount, and kept away from the shop for the
future. The complainant, in point of law, had no right
t) attempt to imprison the defendant, the affair being
only a debtor and creditor matter. He sh,Juld require
defendant to enter into his own recognisance to keep
the peace, and would further advise him to pay for the
dye and the breken glass.
The defendant acted upon this suggestion, and was
discharge,'.

EXTRAORDINARY DISCOVERY OF A
MAN- WOMAN IN BIRMINGHAM.

Oa Friday an extraordinary application was made be.
fore the magistrates presiding in the Police-Court, Bir
mingham.

M.r. James Corder, clerk to the board of guardians,
attended and stated that, in consequence of a communi-
cation made to him by Inspector Ge3,ssop, of the detec-
tive furce, he directed Mr. Sweeney, one of the relieving
officers of the parish, to visit the house of Richar l Ken-
nedy, a theatrical ern:ln/et-maker, No. 53, Leveday-
street, as it was ru'nnure I that his daughter Rebecca, a
woman 30_years of age, had b3en confine I in a room as a
lunatic for a long series ofyears. On visiting the house, Mr.
Sweeney had great diffizulty in obtaining access to the
room, in an upper storey, where it was understood the
alleged lunatic was confined. There was only one win-
dow in the apartment, which had been totally blocked
up, so that no light was permitted to enter. An aper-
ture was, however, made, and a scene of a very melan-
choly nature presented itsel in one of the corners of
the room, on. a bed of straw, lay a person in a perfect
state of nudity, with skin begrimed with filth and dirt,
and of such hideous appearance, that it had I,ttle re.
semblance to a human being. The filthy condition of
the apAiment and the person was indescribable. Sin-
gularly enough there were traces of a bard and
whiskers upon the face, but in the state in which the
unfortunate creature was at the time little notice
was taken of the circumstance. It appeared (Mr.
Corder continued) that this person had been con
fined for fourteen years, and during the whole of that
long period ha l never been permitted to see the light of
day. Orders for the removal of the unfortunate person
li were immediately given, and she was conveyed to the
workhouse. This was on Ten rsday. -Mr Fernie, the
resident medical officer, examined the poor creature,
with a view to discover whether there were any bruises
on her body, but failed t 3 find any marks of violence.
The truth, however, was ascertained, that the unfortu-
nate person was of extraordinary malformation, partak-
ing, however, more of the female than the male. Several
questions were put to her, which she answered much
more rationally than might, under the circumstances,
have been expected. ffone of her statements, however,
gave a clue to the reagens for her confinement, although
these can very readily be supposed. The medical
officer declined at present to certify that she was of
unsound mind. It was under the e circumstances
and by direction of the board of guardians, that Mr.
Corder applied for a summons against Kennedy and
*his wife. The off,nce with which they would be charged
would be of assaulting and neglect:is; to provide for
Rebecca, their offspring, suMcient fo)d, clothing, and
nourishment, she being at their instance kept in a state
of duresse.
Mr. Corder said that he hal written to the Commis-
sioners of Lunacy, petting then •in possession of the
circumstances he had narrated. _ _ _

The Bench diracted that a, surritnOns should issue
againit the parents, aril that the case shouid be heard
on Friday next.
A very marked improvement has taken place in the
unfortunate creature's appearAnce since her romoval to
the workhouse. The long strong beard, luxuriant whis
kers and moustache, have been rem )ved from her face,
which, however, has little fominine about it. She is
very sensitive, although she m-xe; freely with the other
paupers, talks rationally, in a gruff, inazcuine voice,
and eats heartily.