The Sun.
London, England, 1867-08-06 00:00:00

LAW INTELLIGENCE—This Day.

lIOUSE OF LORDS.
THE BREADALBANE PEERAGE.

This was a petition on the part of John Campbell,
of Fort William, to the succession to the earldom of
Breaialbane and other subaltern titles.

➢ir. Anderson, Q.C., in opening the case, stated
that the Earldom of Breadalbane had been con-
ferred upon a John Campbell, and the patent stated
that it should descend first to the heirs male of his
body, and then to their heirs, but failing such issue,
to go to the nearest male heir. The learned' counsel
was going into the full descent of the claimant when
he was interrupted by the Chairman of Committees,
who said that he thought that the case in its present
stage was to be gone into de bcne esse. The pedigree
would stand over.

Mr. Anderson said that if their lordships thought
so he would proceed to c:1,11 his witnesses.
Mr. Campbell, the claimant, a venerable and
infirm old gentleman, examined by Mr. Prentice,
said th:tt his name was John Campbell, that he was
82 years of age. his father's name was William
and his mother's Sarah. ller maiden name was
M'Donald. His father had been dead about forty
years. His mother about twelve. He had brothers
and sisters. He was the eldest son. Duncan was
the next to him. his father was a farmer and had
two farms, Culross and Kenlock. He had never
seen his grandfather, but his name was Duncan.
He had four uncles, John, Duncan, Alexander, and
Donald. Duncan was the son of Patrick. The
witness was then examined as to the genealogy of
his family as far as he knew it.

(The case was proceeding when we went to press.)

COURT OF CHANCERY.
(Before Lord Justice Cairns.)

EX PARTE WILKINSON.---THE LONDON AND SCOTTISH
BANK.-JUDGMENT.

His Lordship, in delivering judgment in this case
to-day, said this was en application from an order
made by the Master of the Roils. The object 'of
the appellant, Mr. Wilkinson, was to have his name
removed from the list of contributions to the com-
pany, on the ground that he had been induced to
take shares in the company, on the 17th of October,
1866, by the misrepresentation of the secretary of
the company. These misrepresentations consisted in
a statement alleged to have been made by
Moore to the effect that two-thirds of the shares
of £56 each had been subscribed, and that the bank
had already commenced, and that it was in a pros-
perous condition. On the faith of this statement
he signed the articles of association, but he alleged
that subsequently there were alterations in the title
of the bank, which was originally made the Royal
London and Scottish Bank, and in the articles of
association. His lordship said that the onus pi obandi
rested on Mr. Wilkinson, and went through the
evidence pro and con, which was very conflicting.
It must be remembered that in the alterations made
in the articles of association Mr. Moore had no per-
sonal interest. He thought all the probabilities and
evidence were against Mr. ;Wilkinson. He entirely
coincided in the decision of the Master of the Rolls.
The appeal was accordingly dismissed.

COURT OF PROBATE.

SMITH V. TIBBET.-GREAT WILL CASE.-JUDGMENT.

This was a suit instituted by the plaintiff, Dr.
Samuel Smith, to prove the validity of a will exe-
cuted by a lady named Thwaites, who died at
Worthing about 11 months ago, by which, after
leaving large legacies, she made him her residuary
legatee. The instrument was disputed by Mrs.
Tibbet, the sister of the deceased, on the ground
that the latter was not of sound mind and disposing
capacity, and that she was under the undue influence
of the plaintiff, her medical adviser, and who re-
sided in the same house with her for the last six
years preceding her decease.

The property in question amounts to £500,000,
which, with the extraordinary nature of the case,
attracted a crowd of persons of both sexes to the
court this morning.

His Lordship,—in delivering judgment to-day,
cited passages from Dr. Pritchard's celebrated work
on insanity, and the delusions under which the de-
ceased laboured according to the evidence agai►ist•
the will, which included a belief that she was the
Holy Ghost, and that she had a spiritual conversa-
tion with Dr. Smith ; said that, independent of these
circumstances, there were facts in connection with
the conduct of the deceased that were inconsistent
with the assumption of her sanity. In the first
place, she had estranged herself from her relations
in a most unaccountable manner, and, considering
her wealth, she lived in a parsimonious
style, spending only about £2,000 a year,
although it appeared that she gave a large amount
in charity annually. The memoranda of domestic
affairs were isolated, and threw no light on her
state of mind. Certainly some of these documents
ware destroyed, or perhaps the result might have
been different. Her conduct throughout was most
strange, and after a most careful consideration of
the case, he could come to no other conclusion than
that the testatrix was not of sound mind, and he
must therefore pronounce against the will, but he
would make no order with regard to costs.

POLICE INTELLIGEACE.—This Day.

MARLBOROUG 11-STREET.

ROBBERY IN AN man, who when first
charged refused his name and address, but subsequently
gave them as William Harrison, No. 29, Queen-street,
Brompton, was charged before Mr. Arnold with stealing
from the pocket of Mrs. .Rugg, of No. 11, Grove-terrace,
St. John's-wood, a purse containing 2} sovereigns.
Mrs. Christiana Rugg, wife of a surgeon, said that on
yesterday afternoon she was in an omnibus in Park-lane.
The prisoner sat next to her, and got out in Park-lane,
and directly he got out the omnibus conductor spoke to
her, and on putting her hand into her pocket she found
that the purse had been taken out of her pocket, and two
sovereigns and half a sovereign taken out, and the purse
replaced. The conductor and Captain Richardson went
after the prisoner, and ho was taken into custody.
In answer to Mr. Arnold, the prosecutrix said the money
was safe in her purse when sho got into the omnibus. She
did not observe whether or not the prisoner was in the
omnibus when sho went in.

Martin, 626 A, said that, on taking the prisoner into
custody, he found 2i soverigns in his hand, and some
other money in his pocket, also a gold eyeglass, a ticket
and a knife. While the prisoner was in the dock ho said,
" I have done it."

Tho prisoner, who is above 50 years of age, and rather
bald-headed, was remanded, he declining to say anything.
VIOLENT ASSAULT.-11. Allsop, a man of colour, was
charged with assaulting Mr. Godfrey. The complainant
was sitting in Hyde-park last night in company of a lady
when the prisoner camo.tp and asked him to purchase a
tract; on the complainant declining, the prisoner used bad
language, struck the complainant a violent blow, and then
made off.

Police-constable John Wilding, 622 A, said that he saw
the prisoner under a tree, and while the prisoner was
offering him a tract the complainant came up and gave
him in charge for assaulting him. Ile knew the prisoner
to be a dangerous man, and ho was eitee before charged at
that court with an assault, and committed for two months
with hard labour.

Poole, the assistant gaoler, said that the former charge
was similar to tho present ono.

- -
Mr. Arnold committed the prisoner, who merely said ho
was sorry, for two months, with hard labour.
As the prisoner was leaving the doA he said, " I've a
wife and two children, do not, for the love of mercy, send
me to prison."