The Sun.
London, England, 1834-02-11 00:00:00

MARSH V. RUSSELL.

Mr. T. S. DANIEL moved to discharge an order, made by
his Honour the Vice-Chancellor, granting six weeks time to
answer, on the ground of irregularity. The ground of irregu.
larity was that the cause was a town cause, and that in such a
case such a length of time could not be given. The defendant
had taken his passage to New York, and the ship was to sail on
the 17th of the present month. The statement was that the
length of time had been obtained in order to enable the de-
fendant to evade answering the Bill altogether.
The motion was unopposed, and the LORD CHANCELLOR
discharged the order, provided cause was not shown against
it in the course of the morning.
ABSENCE OF COUNSEL.

There being no Counsel in Court, the Lord Chancellor was
under the necessity of retiring into his private room for half
an hour.

HUNTER V. ATKINS.

This was an appeal from an order made by his Honour, the
Master of the Rolls.

Mr. SHARPE opened the pleadings, from which the facts ap-
peared to be to the following effect :—Admiral Hunter, at the
age of seventy-six, was placed on the superannuated admiral's
list, on which he continued till the period of his death, in
1830. He was married, but had no children. Long before
his death, he took Miss Elizabeth Auby Hunter, a niece, to
live with him and his wife, as their child. While in service,
he sustained a severe injury in his head by a ball, from the efli.ct
of which he was at times in a state of insanity. Dui ing those fits
he was generally very violent both towards his wife and all
others, especially if he were in any way thwarted in his wishes.
In his rational moments he was invariably kind and affectionate
both to Mrs. and Miss Hunter, as well as to all his friends.
For a great many years before his death he had employed Al-
derman Atkins and Son as his agents and bankers. In 1823 a
settlement of accounts took place between the defendants, Al-
derman Atkins and Son, and the admiral, by which upwards of
a thousand pounds were placed to the credit of the Admiral's
account. On the day afterwards 900/. of that sum was invested
by the defendants, in their own names and that of the Ad.
miral, in 4 new per cents. The Alderman had for many
years been the intimate and most confidential friend of
the Admiral, and as it was stated had had great influence
and control over his mind. A Mr. Roberts, a solic tor,
prepared a trust deed, by which the stock in question was
direct. d to be held by Alderman Atkins and Son in trust for
the Admiral to receive the dividends during his life, and after-
wards to raise by sale 130/., to be paid to two persons named in
the deed ; and the residue of the stock, in default of further
appointment, to go for the benefit of the Alderman, his
executors, &c. The Admiral never executed any further
power of appointment, and the defendants claimed the stock
subject to the payment of the 130/. At the period of exe-
cuting the deed the Admiral likewise executed a will, by
which he gave all his other property, amounting to 1,400/., to
his widow and niece. The wife was ignorant of all the tran-
sactions respecting the stock during the time those transactions
were going on. At the time he executed the instruments
the Admiral was ninety two years of age, and the allegation
was, that on the occasion of executing the trust-deed
he was unconscious of what he did, and acted
under the influence of the defendants. Mrs. Hunter sought
by the bill to have the deed cancelled. His Honour the
Master of the Rolls was of opinion that the gift to the alder-
man could not be sustained in a Court of Equity, therefore he
ordered it to be delivered up to be cancelled. He considered
it to be no objection to the widow's claim to have the deed de-
stroyed, that she had acted under the will which had been ex-
ecuted at the same time. It did not necessarily follow that
both instruments should fail, because one was void.
The arguments occupied several days at the Rolls, and are
likely to take up as much time here.

ADMIRALTY SESSIONS.- (THIS DAY.)

This morning a General Session of Oyer and Terminer and
gaol delivery, for the trial of offences committed on the high
seas, within the jurisdiction of the Admiralty of England,
was held at the Justice Hall, in the Old Bailey, before Sir
J. NtettoLL, the Judge of the Admiralty Court; Mr. Justice
GASELEE, and Mr. Justice LITTLEDALE.
Sir J. Nicribm. addressed the Grand Jury, remarking
that the Calendar, though not numerically heavy, contained
the names of prisoners who were charged with offences of the
most serious character, and which would require the greatest
attention from the gentlemen of the Grand Jury, Loss of
life had taken place in several cases ; and if the Grand
Inquest returned a true bill, most probably a verdict of
manslaughter would be the result. The evidence, how-
ever, would guide the Petit Jury in their consideration of
such cases; the duty of the Grand Jury would be to collect the
most credible information in their power.
The Grand Jury were occupied upwards of three hours before
they returned the first bill, consequently the trials did not com.
mence until a late hour of the day. Three of the bills were
ignored, reducing the five cases to two only.

THE MARKETS.-(THIS DAY.)

HAY M A RKETS.--t At per Load of 36 Trusses.)
CUMBERLAND.

Coarse heavy Lowlandliialioil-iii----- £3 10 to £3 15
Slew , eaaow Hay 0 0 0 0
Useful Old Ditto 4 0 4 4
Fine Upland Meadow and Nye-grass Hay ......
„lover Hay 4 5 5 0
Oat Straw J.:l 10 to .£1 12 1 Wheat Straw... 112 116

SMITHFIELD.
Coarse heavy Lowland Meadow Hay £3 5 to £3 10
New Meadow Hay 0 0 0 0
Useful Old Ditto 3 10 4 0
Hine Upland Meadow and itye-grass 1-I.ty 4 2 4 6
C!ovcr Hay (extra rine)...Xs 0 ..Generally
0 d Straw... il Bto £1 121 Wheat Straw 1 12 1 14