The Sun.
London, England, 1860-07-09 00:00:00

LAW INTELLIGENOE.--(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
NEWBERRY V. ALLCROPT AND OTHERS.

This was a suit instituted to test the validity of a will
and codicil, executed by a lady named Newberry, which
the plaintiff disputed on the ground that she was not of
sound mind, and under undue influence when she signed
the latter instrument.

It appeared that the testatrix was the daughter of Mr.
Leathern, who had been one of the partners of the firm of
Messrs. Hughes and Co., the celebrated brewers, and left
her a considerable property, with power of appointment.
This gentleman died In 1846, and the testatrix married Mr.
Newberry, her cousin. Some years before her decease she
made her will bequeathing the whole of her property to her
husband. The defendants, who propounded the
will and codicil, were the nieces of her husband
and relatives of her own, and having no children
she frequently expressed her intention to pro-
vide for them. Mr. Newberry's health became very
much impaired, and he died on Dec. 26, 1859. A short
time prior to his decease the testatrix made the codicil in
question, by which she left the reversion of her property to
the defendants in the event of her husband's death. She
died in May last.

These facts were fully proved, and the opposition to the
will and codicil being withdrawn, the Court decreed pro-
bate.

SMITII V. SMITH.

This was tho petition of the wife praying for judicial
separation on the ground of her husband's adultery.
Cruelty was also alleged, hut was not attempted 0 be
proved.

The parties, who are in a respectable rank of life, were
married on the 16th October; 1841, and cohabited until last
September. They resided at Wycombe, Gloucestershire,
and had three children, two of whom are living. He ad
mitted Laving committed adultery, and that ho was the
father of two children by a woman named Symmonds, but
denied the adultery at a particular date, as well as the
cruelty pleaded.

The case was fully established, and no defence was at-
tempted.

The decree was reserved until the application for perma-
nent alimony is made to the Court.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)

IN RE ASHBY.

This bankrupt was described as of Carlisle-street, Soho-
square, builder; and this was a certificate meeting.
Mr. Pennell, the official assignee, reported that the books
had been well kept and vouched as standing at the above
date, although it was afterwards found that the whole of
the debts then supposed to be good had not been realised.
A portion of the loss was on a breach of contract, and others
ii consequence of the builders' strike.
His Honour granted a certificate of the second class.

CRIMINAL COUR.T.-(TIIIS D..1Y.)

OLD COURT.

The July Sessions of the Central Criminal Court com-
menced this morning before the Lord Mayor, the Recorder,
the Common Sergeant, Aldermen Rose, Carden, Hale, and
Mech.i.

The Recorder, in charging the grand jury, said, in con-
sequence of the short time that had elapsed since they last
met, the cases to be brought before them were not very
numerous or important. There was a charge of man •
slaughter against a person named Buxton, in which it would
be necessary they should look very carefully at the evi•
dence that would be laid before them, in order to ascertain
whether there was a prima facie case made out against the
accused. It appeared that the deceased woman was in a
state of intoxication, and was engaged throwing stones at
some children, when the prisoner went up and asked her
why she was throwing stones, and thereby endangering
the lives of some of the children. The deceased
woman struck the prisoner, and then he returned the
blow, after which the woman retired a few steps, and then
fell to the ground, and from the effects of that fall death
ensued. The question they would have to settle was
whether the fall was caused by the blow given by Buxton.
The woman, it appeared, did not fall immediately the blow
was given; but went back a short distance and then fell. If
they should be of opinion that death was occasioned by the
act of the prisoner, then they would be in a position to
return a true bill against the prisoner. The other
cases in the calender were quite of the ordinary character,
and did not call for any special remark, but there was a
case, or a class of cases, in which he advised them to look
very closely into—namely, that of a person named Spencer,
and the same remark would apply to the charge against
Chambers. The charges were of a nature that he should
not further allude to, but his motive for advising the exer-
cise of great caution, was to ascertain whether there was a
primafacie case against each, because if there was not the
possibility of a conviction, it would be better the pain of a
public investigation should be dispensed with.
The grand jury then retired to their room, and after a
short time the trials were proceeded with.
Robert George Dean, traveller, surrendered to an indict-
ment charging him with embezzling the several sums of
£5, £3O, and £lO Os. 9d., the moneys of his masters, Messrs.
Robertson.

The prisoner pleaded not guilty.
Mr. Sleigh and Mr. Orridge appeared for the prosecution,
and Mr. Metcalfe defended the prisoner.
Mr. C. W. Robertson, of the firm of Robertson and
Co., Falcon-wharf, Blackfriars, lead and glass merchants,
said the defendant was, until lately, in their employ as
traveller. He entered the service of the firm in 1812 at a
salary of £2OO per annum, which had been increased gra-
dually up to the present time to £3OO. He had besides a
guinea a day for travelling expenses," and at the end of
each of his country journeys he•charged various sums for in-
cidental expenses, which were always allowed. It was his
duty to remit to the firm the various sums received from
their customers in the country, after entering them in a
cash-book, which he (witness) examined when the defend-
ant arrived in town. He had also to hand in a general
cash statement, and the discretion of allowing certain par •
ties a much larger discount than others. The sums sus-
pected of being embezzled were £3O from a customer named
Taylor, residing at Oxford, on the 31st of Dec. ; L 5 from
another customer, named Avery, of Wolverton; and £3O
from Maytor, of Faversham, in Kent. The above
sums had been paid him, together with other moneys,
from the parties, but did not appear in the pri-
soner's cash-book. Since his apprehension a private
cash book had been discovered, in which the original sums
received from customers was correctly entered, but of the
existence of that book he never knew before. It was dis-
covered after he was charged with embezzling the money.
That private cash book contained a number of entries on
household and other matters totally unconnected with the
business of the firm. It had also a number of sums placed
opposite initial letters, of which he (witness) knew nothing.
The proper book, which was looked upon by the firm as the
prisoner's cash, did not contain the correct sums received.
The witness was subjected to a very severe cross-exami-
nation by Mr. Metcalf, during which he stated there had
been some mistakes made by his clerks in entering the pri-
soner's account on former occasions, but they were merely
errors that were easily discovered. The sums transmitted
by the prisoner yearly from the provinces amount to nearly
£20,000 men, and when he was taken into custody £9O was
due to him as salary. He had, however, never applied for
part of salary and been refused it. It was quite within his
discretion what discount ho allowed a good customer. He
had heard something about the prisoner entering business
on his own account, but it was after he had been appre-
hended.
At this point of the trial it was discovered that one of
the jury had answered to a wrong name. He had to be re-
sworn and the whole of the evidence read over to him.
(The trial was proceeding when we went to press.)

THE TOWER.—Lord do Ros, the High Constable
of the Tower of London, has been making great improve-
ments there by cultivating the ditch and other availeble
spots. Colonel Palmer, of Nazing-park, has sent his lord-
ship a cutting from the vine planted by the Great Napoleon
at St. Helena, shortly before his death, and brought to
England soon after. The original vine Colonel Palmer a
few months since gave to the governor of the Hotel Impe-
rial des Invalidos, at Paris, having previously had some cut-
tings struck from it.
A Vienna letter of the 2d says:--" Ministerial
conferences are held at the Palace daily, at which
the Emperor presides, and the Archdukes present
in VieLna generally attend. No decisive resolutions
however have yet been taken. All persons are con-
vinced that something must be done to satisfy the
demands of the populations, for the most Conserva-
tive elements, as well as the Opposition, are agreed
on one point, which is, that constitutional institu-
tions alone can restore confidence. But the Govern-
ment does not know what measures to adopt, and
`does not seem likely to escape from its
present
state of indecision."