The Sun.
London, England, 1851-06-02 00:00:00

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HOUSE OF LU]
Their Lordships sat thi
else of public interest cst
Present were the Lord Ch
Earl of Sefton, and the Eti

RDS-(THIS DAY.)
is morning on appeals, but no
me before them. The Peers
aneellor. Lord Brougham, the
4rl of Falmouth.

ROLLS' COldt'l'.—(THlS DAY.)
(Before the MASTER of the ROLLS.)
TURNER V. TURNt.R.
• This case had been before the Court in February,
1833, when the Court ordered the case to be reheard,
Which was a suit to determine the validity of the will of
the- testator, Wiliam Turner. An issue had been
directed to try the validity of the will at common law,-
the trustees being the plaintiffs by arrangement; the
record, however, was withdrawn before a trial took place,
• _upon the defendants consenting to allow the validity of
the will.
L_Mr.lioubtnEm. PALMER and Mr. HARLEY moved on
Wednesday to dihcbarge the order, upon the ground
that the heiress at-law, Mrs. Mereweather (who had
disputed the validity of the will, but who now alleged
she was then ignorant of the effect of the decree obtained
in consequence of the withdrawal of the record),
acquiesced in -the validity of the will by the acceptance
of a bequest of 500/., and the continuous receipt of an
annuity of 5001 up to the present.hour.
His HONOUR now gave judgment, end directed that
theorder. of Lord Langdale be discharged.. All the
costs. of the petitioners, with the exception of Mrs.
Mereweather, to be costs in the cause.
• Order accordingly..

..ITICE-CHANUERY.—(THIS DAY.)
(Before Vice Chancellor K. BRUCE )
His Houour was occupied this morning with the part-
heard case of " Marshall v. S u•Pen."
(Be•ore Lord CRANWORTH.)
His Lordship this morning disposed of a Dumber of
Unopposed petitions, -and at terwards proceeded to hear
.motions.:
(Before Vice-Chancellor TURNER )
ATTORNEY•GENERAL V. BISHIP OF WoRCESTER.
The arguments this case were proceeded with,
which have already occupied the Coutt s-veral days.

QUEEN'S Itt.NUH.-kTHIS DAY.)
(Sittirws in )
DUKE oF BRUNSWICK V HARMER.

Mr. E. JAMES m ived for a tote caking upon the plain-
tiff to show caube why he should not pity the costs of the
Arid trial. The Learned Genii« man made the applica-
tion on special ground-, which he t•tated to the Court.
It appeared trom the affidavits that in 1848 the Duke of
Brunswick brought en ction against Mr. Harmer, the
proprietor of the Weekly Dispatch newspaper, which was
tried in 1849, when a verdict was obtained by the Duke
of Brunswick for 500/. dam ges. The action was
brought for en alleged libel contained in the Weekly
Di'spatch newspaper on the 19th ,of September, 1830,
and the Statute ut Limitations p'ead,,d to that libel.
On the trial, bowev,..r, a per,on named Casitner
Reinhold was called by the Duke of Brunswick
to swear tnat shortly before the trial he bought
at the Weekly Dispatch office a copy of the
paper of tbe 190 of September, 1830, and as that evidence
proved a publication within the time specified by the
Act, the plea, which went to tbe Statute of Limitations,
was defeated. Subsequent inquiries were made, which
resulted in affidavits bi- ing made that induced the Court
tO grant a new trial on the ground that the previous
Verdict had been obtained by perjury.
Lord CAMPBELL—It appeared to the Court that the
paper had been improperly obtained, and it was there-
fore thought to be advisable that another jury should
inquire into the matter; but what was said at►out the
costs in that rule?

Mr. JAMES said the costs were to abide the event.
When the case came on again for .trial before Lord
Campbell the verdict was found for defendant. Casimer
Reinhold, who had ben called on the previous occasion.
was not forthcoming on this, and of course in his absence
there was nothing in the evidence to uegative or defeat
the Statute of L mitations. The affildvits upon which
lbt t now moved went to show that the Duke of Brunswick
himself was privy to the means by which the verdict
for 5001 was obtained. The affidavits stated that the
.Dulre must have been aware that the paper produced
on the first trial was not purchased at the Dispatch
office, as Ca-imer Reinhold htid sworn.
Lord CAMPBELL remarked that on the second trial
that was not ditputed.
Mr. JAMES said under the circumstances he was en-
`titled to this rule. The principle this motion rested
Avon he believed was a c irrect ons. It was no more
than this, that where justice has been defeated by the
conduct of one part), the Court will interfere to make
him pay the costs of the trial.
Lord CAMPBELL—Have you any analsgous autho-
rities? ,

Mr. JAMES said there were the ordinary eases.
Lord CAMPBELL—No; haves you any caie to show
that after a new trial had b,•eu grantrd, and the trial
has been had, the Coart have interfered to wake an
order about the coits of the trial?

Mr. JAMES mild he had no case pr, nisei,' in point, but
there was a somewhat analar,ous case in the Common
Pleas, where aft,..r instelm.-nts had been paid and judg-
went signed under a warrant of utt, rimy, the Court,
Ending that the warrant had been obtained by fraud,
*ordered the judgment to be set aside and the instalments
to be refun... d.

Lord CAMPBELL—Did the facts there disclosing the
fraud coupe to light after the judgment Lad been signed?
' Mr. JAuEs replied in the afnrtnative, and here the
'facts had come out since the second trial. He therefore
submitted that he had established a'sufficient ca.e to call
'tipon'the plaintiff to (vs.'s, r the'matters in the affidavits.
Lit'd CAMPBELL—Take a rule to show cause.
Rule nisi accordingly.

~,
,EXCHEQUzit.-(THI-t DAY.)
The ces.-i argued before their Lordships thi„ mirniniz
'pomaded no.featttre of imporrauca except to the parties
immediately iDterest. d
----

.. ,
. COMMON PLE AS.--1 1' HIS D,Ay.).
In the: case of "Shelton v. Springate.' which wad tritd
• before Mr. Russell Gurney, in the Sheriffs' Court, on
the,29th uf May, and in .stych a verdict was bound fOr,
the plaintiff, who was a coffee-house keeper, for 5.
neas, being the cost of board and lodging sups
defendant's gui
to the
defendant's son, who was undtr tte,e, the Court granted a
rule to show caw() why there should not be a new will,
on the ground of misdirection, and the verdict being
against the evidence.

DEPARTURE OF HER MAJESTY AND TUE FOREIGN
PRINCES TO. ATTEND Asc-T RACES. —Her Majesty and
Prince Albert, accompanied by their illultrious children and
by .their Highnesses the Duke and Duchess of Saxe Coburg,
and Duke Ernest of W int emburg. with their respective suites,
and: by Lord Dufferin, Lead in Waiting, Viscountess
Jocelyn, Lady in W aiting, the Hon. Misses Seymour and
.' Stanley (Maids of Honour), the Colonel Charles Grey
(Equerr3), and the usual ret nue, left Buckingham Palace
this afternoon, for Windsor Castle. The royal cortege was
esciTted from the Palace to the Paddington Terminus of the
Great Western Railway by an officer's parry of the 16th
Lancets, and travelled by special train to Windsor, where
the Queen was received by a Guard of Honour of the Foot
Guards Prince Henry of the Netherlands, Prince Lei-
ningen, Prince Edward of. Saxe Weimar, and a brilliant party
are expected to assemble at the Castle during the races.
ROYAL ACADEMY CONCERTS —The third of these
. concerts took place on Saturday at the Hanover-square
Rooms, and the performance gave proof of satisfactory pro
gress on the part of the pupils. Among tbe voealista Miss
Blanche Young and Miss Mary hose were par ieularly
worthy of commendation. The latter young lady sang
Sphor'3 beautiful song. " Rose softly blooming," with great
taste and sweetness. Toe pianotuvo playing of Miss
Bertha Sturt and of Mr. Thu mas reflect great credit on
their instruc or, fir. Sterndale Bennet; and the violin solo
of Mr. Cusins (who is also an excellent pianofoce player)
was, whether as regards tone, style, or execution, a finished
pacionnance. Mr. Lucas wnductibdt and M. Sdhltou Was
VOW* tape