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London, England, 1858-07-23 00:00:00

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MIDLAND CIRCUIT.—LrNcoLN, JULY 23.

[PRIOR 4D. STAMPED 5" .]

NISI PRIUS COURT.
After the return from service in the Cathedral
the Hon. Sir A. J. E. Cockburn took his seat in
the Nisi Prius CJurt, and the trial oft e city cases
commenced.

Hon. Joseph Denman, went round the Isle of
Wight yesterday, to further test her machinery.
Her Majesty's screw coastguard Ship Russell, 0,
Capt. Sbory, which vessel sailed from Falmouth, ac-
companiedby the Hind gunboat-, on the 25th June,
upon a visitation cruise to the limits of her district,
returned again with the Hind to that port, on
Tuesday last fromKingroad. A great influx of
shipping from the Mediterranean and further south
for orders has arrived at Falmouth in the past four
or five dtys. The largest proportion have been
for °
Theig t
n eorisio w
ing Cargoes,app appoint
men
sugar, lice, ke.
day at the Admiralty :—J. J. Acheson, surgeon, to
ignramtts were made yester-
day'
Victory ; W. L. 1)
Dalton, surgeon, to the . in.-
c .ssi Royal ; W. W. BAynes, surgeon, to the Excel-
lent ; E. Nolloth, surgeon, to the. Victor Emma-
Intel ; J..Danwoodie, assist.-surgeon, to the Victor
Emmanuel ; Angus Robertson, acting assist-sur-
geon, to the Victor Emmanuel ; and R. G. Chancl-
laff,: assist.-clerk, to the Victor Emmanuel.

GREEN V. GREETITAM (C.P ), SPECIAL Jgßy--.

ACTION, FOR SLANDER.

•Mr. Macaulay, Q.a., Mr. Mellor, and Mr. W.
H. Adams were counsA for the plaint ff, and Mr. -
Sergeant Hughes was retained for-the decendant.
Mr. Macaulay, who stated the c.se,- said tile
plaintiff is a miller and corn merchant residing at
Bardney, and the defendant is a land-valuer, and
a gentleman of considerable standing, hying at
Stainfield Hall, near Wragley. lii April, 1850,
the plaintiff and defendant were at a ve-try meet-
ing at Barduey, when the defenant, pointing to
Mr. Green, said—" You are a rogue ; you are a
convicted felon. I know that you are a rogue. It
Was I who sir rote to the inspector to come down
after you.,, The plaintiff said—" You don't think
so, Mr. Greetham ; if you did, I should take no-
tice of it," and he allowed the matter to pass over.
The defendant still continued to trade with the
plaintiff, and they frequently. conversed and wrote
to one another. Some time ago the plaintiff had
one weight out of some 25 found to be short to
the extent of one quarter, of an ounce in the' half
'stone weight, which would; if it' weass always trod
in weighing flour, cheat the customer out of the
twelfth part of a farthing; and for this he was fined
1/. About February last the plaintiff took• a part
in defence of some relieving officer who waseom-
plained against by the Vicar of Bardney, and -the
following board, day at Lincoln Mr. Greetham (the
defendant), in the presence of the Hoe. A. L. Mel-
ville and 14 or 15 other g•entlrmen, persisted in
making a statement then although not a guardian,
and in making this statement he referred to the-
plaintiff, saying, " You do not know the character
of that man as Ido ; he is a bad man ; lie is the
pest of the parish ; he is a dishonest man ; -he is _
not to be believed upon his oath ;. he is a convicted
felon ' • he • has ro'al;a2., ill. L. Jon" Tho defendant
was'asked to apologise; and iu reply .said.that h 9.,
bad said no more than he could prove. -
The defendant placed upon the record, first,
"not guilty," and secondly, "justification;" both -
of which pleas, however, were withdrawn, and the
question was merely one of assessment of damages.
The Judge—lf a man has done wrong there is
but one way of get'ing out of it. I must say that
it was aright course to withdraw the plea of justifi-
cation ; this is to his credit. _ _

LAW INTELLIGENCE.—JaIy 22.

--ADMIRALTY COURT.
(Before Dr. Lushington.)

TUE EUROPEAN. -TOTAL LOSS.

The owners of the late brig William, 177 tong,
sued the steam-ship European, 300 to', for having
run her down.off Margate on the evening of the
17th of September. At the time of the accident,
the:William was bound to London from Swansea
with a cargo of coils, and the steamer was en route
froth Limerick to the Thames with general mer-
chandise. The collision was attributed by the brig
to the bad seamanship of the steamer; but while
the allegation .was denied by the. European, there
wawa further averment that she had been in the
charge of a duly.licetised Trinity pilot, that his
orders had all been promptly and efficiently obeyed,
and that the owners mtist therefore be exonerated
from the consequences of the collision even if the
vessel had really been in fault. _ _

Drs: Robinson and Jenner appeared for the brig ;
Drs. Addams, Q.C., and Twiss, Q.C., for the vessel
proceeded against.
The Trinity Masters were of opinion that the
brig was herself to blame, she having failed to C 3111.-
ply with the regulations of the statute with regard
to vessels approaching each other.

After a great deal of conversation, as to the
tet ms of an apology, his lordship said that he would
dictate one which Mr. Hayes was to object to, if
his client could not accept it. The apology was a
full retraction of the charge of want of probity and
honesty on the part of the plaintiff, and an expres-
sion of regret that the defendant should have used
the expressions he did.
This arrangement having been acquiesced in, the
jury ware discharged ; the defendant paying all
coats in the case.

INSOLVENT DEBTORS' COURT.
(Before the Chief Commissioner)
IN RE WILLIAM GEORGE HOWARD.
This case again came before the court. The in-
solvent, who is heir to the earldom of Wicklow,
was an bail, and arrangements were being made
with the creditors to save him from taking the bene-
fit of the acf.
Mr. Lewis (Lewis and Lewis) applied for a fur-
ther adjournment, and Mr. S. Abrahams, a credi-
tor, made no objection. It was stated that a suffi
cient sum would ba raised to settle with nil the
creditors.
The court granted an adjournment to the 18th
November, and enlarged the discharge on bail.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.-011ELMSFORD, Jul.y 22.
(Before Blron Bramwell and Special Juii.!s.)

NASSAU V. BRANDRETII AND ANOTHER.

TYs was an action of ejectment to recover pos-
session of a valuatle estate at St. Osytk, iu tits
county.

Mr-. Hawkins appeared for the plaintiff; Mr.
Edwin James, Q C., Mr. Lush, Q C., Mr. J.
Brown, and Mr. Lloyd, were counsel for the de-
f‘ndants.

Mr. Hawkins briefly stated the plaintiff's case.
He said that the plaintiff, John Augustus Nassau,
claimed to be the heir-at-law cf the Earl of Rech- •
ford, under a will made by that nobleman in
the yea' 1778. By that will the E arl left the
whole of his estates to Frederick Wm. Nassau, his
natural son by a lady described by rho name of ,
Labbee, otherwise Johnson, and to his male issue.
The estates descended, in due course, to William
Freclerielc NAM tu, who died in 1857, and the pre-
sent Claimant was the brother of that gentleman,
and by reason of that relationship ho claimed to ho
entitled to the estates, which weio at preant. in
the possession of his nieces and their husbands, who
were the defendants in the present action.
Tho will was put in and read, r:nd Mr. Hawkins
said that this was the case on the part of the
plaintiff.
Mr. James then addressed the jury for the de-
fendants. He said he was astonished that such a
claim should ever have been brought into a court
of justice, and when the jury had heard ihe real
facts he was sure they would be of opinion that
there Nits no more pretence for disturbing these
ladies in the possession •of their property than there
would be for any one coming forward to disturb
them in the possession of their own property. The
defendants were moat respectable ladies ; they were
the daughters of the elder brother of the person
who now claimed the prop( r y, and the latter had
no doubt been deprived by his brother of the en-
joyment of any pnr'ion of tie es acc.mut of
bis lo proil,grete habits. The learned counsel
then proceeded to state that Vie brother of the
plaintiff was baptised in -ere name of William
Frederick Nassau, but during a considerable period
of his life he passed by the name of Frederick
only, and in the month of M 'y, 1820, upon the
occasion of the legal proceeding being adopted,
known as "suffering a recovery," the effect of which
was to vest a life interest in the estates of his
father, upon whose death they would revert to him,
he was described as Frederick William, and sub-
sequently, on account of a doubt being entertained
whether he was not misdescribed, a second pro-
ceeding of the same kind was taken, in which ho
was described by his baptismal name of William
Frederick, but there never was the slightest doubt
of his identity or of his being the eldest son, and
he was a parry with his father to effecting mortgages
upon the property in that capacity. The defend-
ants took possession of the estates under a will
made by this gentleman in the year 1852, and
altheugh he believed it had been asserted on the
part of the plaintiff that he was not in a competent
state of mind to make a will, he believed there was
not the slightest foundation for such a sugg stion.
The mother of the testator died in November,
1857, and his wife, to whom he was devotedly at-
tached, died about the same time, and these two
events occurring so near to etch other caused him
no doubt great distrees of mind, and under the in-
fluence of the melancholy feeling 3 that were thus
created he did undoubtedly make an attempt upon
his life, and died from the injuries he inflicted upon
himself, but whatever might have been his cenli-
tion at this time, the will had been made many
years before, and at that time there was
not the
slightest pretence for saying that he was not per-
fectly competent to execute such an instrument.
The various deeds referred to by the learned
counsel were then put in and read.
t Eton with
Mr. Ambrose, a solicitor. at Braintree, deposed
that he was intimately
acquainted with the testa-
tor, and his father also,
and he was a
the former. Up to the year 1824, William Rode-
rick Nassau always used the name of Frederick
only, and witness always called him Frederick.
Witness acted as his solicitor down to the time of
his death, in November, 1857, and he prepared the
will in question, at his request in 1852.
'
Cross-examined—Witness lived about 14 miles
from Mr. Nassau s residence, but he saw him very
. frequently. He had some peculiar habits, but he
did not consider that he was more eccentric than
many other people were. He had never heard
that he bad attempted several times to commit
suicide. He only heard of his doing so on one
occasion, in November last year, and he died a
week afterwards of the injuries he then inflicted
upon himself. He used to drive four-in-hand, and
one of his peculiarities was that of having a diffe-
rent coloured harness to each horse, one buff, one
black, and one white, and the other the ordinary
coloured harness. He bad never hoard that he had
used a silver bit for one horse, and a gold one for
anothet. He had also never heard that he was
addicted to drinking. He had an impediment in his
speech, which prevented him from mixing much in
society.
Mr. James said this was the case on the part of
• the defendants.
Mr. Hawking admitted that he could not answer
, the evidence that had been adduced, but he, at
the same time observed that they were not aware
that same of the deeds that had been put in on be-
half of the defendants were in existence until that
. day.
▪ Mr. James said he was instructed that all the
. deeds had been shown to the solicitor for the plain-
tiff.

Baron Bramwell observed that the defendants
had distinctly made out their title, and the plain-
tiff was then uonsuited.
MOWATT V. THE GREAT NORTHERN RAILWAY

COMPA NY.
This was an action brought by the secretary of
the GleAt Northern Railway Company to recover