The Sun.
London, England, 1833-06-12 00:00:00

COURT OF KING'S BENCH, JUNE 11.

THE ICING V. W. J. BANKES, M.P.
Sir J. SCARLETT applied for a writ of certiorari
to remove the prosecution against the defendant fur
a misdemeanor into this Court. The application
was made on the affidavit of _Mr. Bankes, strongly
denying any intention to commit the vile offence
imputed to him. The affidavit gave a new charac-
ter to the disgusting charge. It also stated that he
did not make any defence before the Magistrate, be-
cause he considered the accusation so ab-urd that it
could not be enter'ained. He expected to be in-
stantly dismissed, but, to his astonishment, the Ma-
gistrate ordered him to find bail. He denied that
there was any truth in the statement that his father
came to the Magistra'e's office and would not look
at him. He further made oath thdt he believed the
prejudice was ,o strong against him that he could
not have a f tir trial at the Sessions.
The COURT granted the writ.

COURT OF COMMON PLEAS, JUNE 11.

DE BEGNIS V. ARMISTEAD.

This was an action brought by the plaintiff, the

. .
Italian opera singer, against the defendant, who is
proprietor of the Amphitheatre at Liverpool, to re-
cover 1681., the amount of a bill of exchange,
alleged to have been given by the latter as security
for certain advances of money made by the firmer
on his account. The facts have been more than
once before the public. The defence, it will be
recollected, was, that the consideration of the bill
was illegal, it having been given to secure pay-
ment of a balance or account in respect of a con-

tract for the performance of singing and dancing at
an unlicensed theatre. The jury returned a verdict

for the plaintiff for the fuliturionnt claimed, and
found espeeially that the consideration of the bill
consisted of the following three sums, viz., 30/. lent
to the defendant to pay his hotel expenses while
residing in London; 184 advanced to the ballet-
muster, to enable him to carry down his corps of
dancers; and 120/. phi to a dealer in theatrical
wardrobes for dresses to be worn by the dancers,
and which, by the terms of the agreement bet .reen
the plaintiff and the defendant, were to be provided
for by the Liter.
A rule Nisi for setting aside the verdict, or re-
ducing the damages to 301., having been obtained,
the case was argued on a former day in this term ;
and the Court now pronounced i:s deci•iou, that
the rule for reducing the damages to 30/. should be
made absolute.

The distinguished Polish Patriot, General
ROMAKINO, has arrived in :own from Paris. It is ex-
pected he inteLds sailing for Oporto to take the chief
ennui:mod of the Polish Legion.

PREROGATIVE COURT, JUNE 11.

BOULTON AND SIMPSON V. ASH AND ANOTHER.

This was a question involving the validity of the
will of Mr. John Ash, a retired ladies' shoemaker,
who died at the age of seventy-five years, having
leasehold, copyhold, and personal property of the
value of 8,000/. He executed a will shortly before
his death, giving his housekeeper 5,000/., and after
several legacies to his relatives, appointed her exe-
cutrix, and Mr. Simpson his executor, and residuary
legatees. The will was opposed by his nephew and
next of kin, in whose favour a previous will had
been executed, on the ground that the will now pro-
pounded was obtained by fraud and circumvention.
Sir JOHN NICHOLL, after heating Counsel, was
fully satisfied that the deceased was a capable tes
sator. As to the residuary clause, there was no
doubt that the deceased knew its contents and ope-
ration, and the Court must therefore pronounce for
the paper as the deceased left it.—Cists out of the
estate.