The Sun.
London, England, 1851-03-24 00:00:00

THE ADJOURNED DEBATE.

A large number of petitions having been presented
for and against the Ecclesiastical Titles Bill,
Mr. FAGAN rose to resume the adjourned debate,
and in the course of his opening observations again went
over the grounds of Miss Talbot's case, and then went
on to say that unless the measure of the
Pope was acceded to. it would be utterly im-
possible that any adequate provision could in the present
day be made fur the increasing wants of the Roman
Catholic community. Much had been said with respect
to the measures of Cardinal Wiseman. Why was it not
evident that this was a mere pretext?
(LEFT BPEAKING.)

THE ROMAN CATHOLIC WILL CASE.
(From the Observer.)
It will be recollected that during the hearing of the
case of " Metairie v. Wiseman," an affidavit made by the
solicitor for the plaintiff was read, in which he stated that
Mr. John Athanasius Cooke, the barrister, who had been
employed by the priest (Mr. Holdstock) to prepare the
will and deed of gift to the Roman Catholic charity for the
dying man, had also been occupying himself in a similar
manner for an old lady, whose will he had drawn and
prepared for signature, without the intervention of a so-
licitor, law stationer, or any other responsible legal agent.
It was contended by Mr. Coolie's counsel that this course
was perfectly justifiable. That, in fact, he was very
greatly to be praised for his amiable conduct in doing his
best to forward the charitable intention of poor old Cars 6,
and this without charging any fee for his disinterested la-
bour, not but what the 50/. legacy from a perfect stranger
might be considered by some people 03 a tolerably
g )od payment for preparing a deed and will. How-
ever this may be, we cannot but think that the genera!
welfare of society is better taken care of by adhering
to the good old rule of employing a properly qualified
solicitor to perform these charitable offices, particularly
when the testa'or disinherits his nearest relatives at
the urgent entreaties of a priest, and is in-
duced to give two-thirds of his property to a Roman
Catholic charity in hopes of saving his soul from par-
gatory. The case alluded to by the plaintiff's solicitor
will shortly come before the Court of Chancery upon
a bill filed for the administration of the estate of
an old lady, named Mrs. Ann Tucker, a c.,nvert to the
Roman Catholic religion. The principal feature in her
will is the variety of donation. to human Catholic clergy,
the considerable amount of the legacies left to them,
and at the same time the inconsiderable amount of the
legacies left to all her relations, of whom she seems to
have had a great number. At the present time this case
will no doubt excite an unusual degree of interest, tend-
ing as it does to show the influence exercised by the
Ramish priesthood over the aged and infirm, when all the
fears of purgatory are set before their eyes, and also
to show how the nearest relatives of such infatuated
and weak-minded persons may be deprived of their
property by the intervention of priests and those act-
ing under their authority. The will of Mrs.
Tucker has already been proved at Doctors'-com-
mons, and may be read by any person who chooses to
pay his shilling for the privilege. Ir, is dated July 6,
1849. The testatrix died at the age of eighty and up-
wards. She describes herself as a widow, residing at 27,
Holywell-street, Westminster. In the first place, she
appoints the Rev. Monsignor Anthony Magee, priest of
the Roman Catholic Chapel iu Romuey-terrace, West-
minster, John Athanasius Cooke, Esq , barrister-at-law,
and John Tucker, executors of her will. She then gives
a legacy of 100/. to her servant, and 1001. to the Rev.
John Barnard Palmer, Abbot of the Monastery of
" our Lady of La Trappe." She then gives to her
nephews and nieces and other friends 530/. To the
person who at the time of her death should be
Superioress of the Convent of the Good Shepherd at
Hammersmith, 19 guineas, for the benefit of the convent.
To eight different priests belonging to various chapels the
sum of 1101. for the benefit of schools and other chari-
ties connected with such chapels. To Bishop Davies,
bishop of the district of Wales, 40/. To Bishop Wareing,
of Northampton, 101. To the 11ev. Edward Kenny, priest
of the Roman Catholic chapels at Bridport, 101. To the
Reverend J. Holding, priest of St. George's Roman
Catholic church at Whitthaven, 19 guineas. To the
priest of the Roman Catholic chapel at Maryport, 51. To
the priest of a chapel in Jersey, 41. To the Rev. H. Ivers
priest of the chapel in Kentish-town, 51. ; and to the
officiating priest at a chapel at Hackney, 51. To four
of her friends, 401.; and to each of her executors, for
their trouble in acting as such, 19 guineas. The tes-
tatrix then gives all the property she expected to receive
under a decree in a Chancery suit to her executors, to
be sold and converted into money, and the proceeds to
be held upon- trust to pay her debts and funeral
expenses, and such portions of her legacies as the
rest of her personal property should be insufficient
to satisfy, and subject thereto upon trust, as to
two-fourth parts for the said Rev. Dr. Magee, as to
one-fourth upon trust for her mother and sister as
tenants in common, and as to one moiety of the remain-
ing forth in trust for the Rev. J. B. Palmer and the
Rev. W. J. Daly, priest of the Roman Catholic Church
of the Immaculate Conception, at Penzance, in equal
shares, and as to the other moiety of the remaining
fourth part in trust for her five nephews and nieces
equally. The testatrix then declared that in case
any bequest in her will should become void
or inoperative by reason of the operation of
any rule cf law, or by lapse or otherise, the pro-
perty as to which such bequests should so become void,
should not vest in her heir or heirs-at-law, or in any of
her next of kin, but should fall into and become part of
her residuary property, and belong to the person to
whom such residue was bequeathed. And she then be-
queathed the residue and remainder of her estate, both
real and personal, to the said Rev. Dr. Magee, his heirs,
executors, and administrators. The property of the
testatrix will amount, it is supposed, to about 10,000/.,
and it' such be the exact sum, the relations and friends
of the testatrix will get about 4,030/, and the priests
5,9701, besides what may fall into the residue.

ILLUSTRATION OF THE GAME LAWS.
The conviction of the night poachers at Scercliff park,
at the recent Derby as..7.lzrs, furnishes a melancholy and
striking
.aw. illustration of the disastrous eacts of the game-
-1 ,
amount
-moo Their Draco- like severity leads to au incalcula-
ble
ari,ing
fromn tof crime and miser: •; and the pecuniary loss
frightful craps
to
of their pernicious influence, in the destruc-
tionand the expense of prosecutions,
is f
from their operat,ioni which contemplate.f The Scat-cliff case
unfolds a :train calamitous results arising
poachers
deserve attentive ion-
a ft e
wwill o n bet. observed,
Secondly,
au k poachereeper i s
narrowlydesperatelyßounded,then s
pescapes f 0
r death.
life;
; and four to 18 months.
another for 15 years; four for lo years; cue is consigned
Ftoou2rthyleya,ran enormous expense is entailed upon the county
of Derby (at least 1501.), in prosecuting the .
ng offenders
and in supporting those who are incarcerated for terms
'
of imprisonment, and those transported, until removed to
the hulks. Fifthly, a serious expense is brought upon
parishes, for the maintenance of several families, the