The Sun.
London, England, 1835-11-25 00:00:00

VICE-CHANCERY.-TUESDAY

POWYS V. MANSFIELD.
This cause was specially appointed for Friday last, and
has ever since occupied the Court. The question is, whe-
ther a legacy of 10,0001., bequeathed in settlement to Mrs.
Powys, the niece of the late Sir John Barrington, was re-
deemed or satisfied by a subsequent gift to the same amount
which he made to her on her marriage, and which was also
settled.
Mr. KNIGHT stated the case of Henry Philip Powys, the
plaintiff, the husband of Mrs. Powys, who claimed a life
interest both in the legacy and under the marriage settle-
ment, and the contest mainly lay between him and Sir
Richard Godin and Lady Simeon (another niece of the tes-
tator), who were entitled to the estates upon which both
the legacy and marriage gift were charged, if both were to
be raised. The other parties to the suit were members of
the family and trustees, whom it is unnecessary to notice
further. The Learned Counsel commented on a vast num-
ber of cases on the subject, down to the late one of Whar-
ton v. Lord Durham, and insisted that if the latter case,
which had been confirmed by the Lord Chancellor on ap-
peal, was right, there could be no difficulty in this case ;
but should it even be reversed by the House of Lords,
where it was still pending, the present case would be wholly
unaffected.
Mr. JACOB appeared for other parties in the same interest.
Sir C. WETHERELL, on behalf of the trustees of the term,
said, the positions for which he contended were, that Sir
John Barrington stood in loco parentis to his brother's fa-
mily, for orphanage was not a necessary ingredient of that
relation ; and that the will and the settlement were acts
flowing from him in that relation, and were to be ex-
pounded according to the established rules applicable to
that relation. After detailing the history of the case,
he observed, that from the general frame of the will it
was clear it was framed as giving his nieces portions,
and not legacies. For he denied that what was called a
portion depended on the use of the name ; the time when
the legacies were given, and the purposes of advancement
for which they were given, clearly established that they were

to be considered as portions.
Mr. KINDERSLEY followed Sir Charles Wetherell, and
read the evidence ; but that part which proved that the
plaintiff was aware of the will when the settlement was ne-
gociated was rejected, because the fact was not put in issue
by the answer. The Learned Counsel then insisted that
evidence respecting transactions subsequent to the will was
admissible, it being adduced not to explain or interpret the
will itself, about which there was no doubt, but to show the
intention of acts collateral to the will.
Mr. WRAY followed on the same side.
The arguments are not yet concluded.

COMMON-PLEAS.-TUESDAY.

At the rising of the Court, a person of the name of
Dunne, who described himself a Lieutenant in the Ist Regi-
ment of Foot, a Member of the Royal College of Sur-
geons, and the author of an "Essay on Insanity," moved
upon affidavit to set aside a verdict under which he was
held for the last five years in execution. He requested that
the Court would permit his affidavit to be read. A most
voluminous document. was handed to the officer, who corn-
mencad reading it. It was one tissue of libels against the
Jury who tried the cause, as well as against Chief Justice
Tyndall for his charge. The patience of the Court being
enhausted, he was told that the time of the public could not
be wasted in hearing such an unconnected mass of matter.
The applicant most reluctantly bundled up his papers, and
departed.

Orange Institution, or to any person whomsoever, than Several witnesses stated that the clothes sold by the pro-
what were consistent with the allegiance and duty of loyal secutor were worthless.
and faithful 'subjects of his Majesty, and the preservation of Mr. DONNE having replied, the Jury found both the pri-
the succession to the crown of those realms, as by law soners Guilty.
established. The affidavit also stated that during the
time his Lordship had exercised the office of Deputy Grand
Master of the Loyal Orange Institution, he never knew nor
suspected, nor did he then believe, that any design to alter
the succession of the crown, or any, other disloyal or trea-
sonable design was entertained by that body collectively, or
by any of its members.
Lord DENMAN—When did Colonel Fairman obtain a
knowledge of this letter having been written, and these
statements made ?
Sir W. FOLLETT answered that he knew of it shortly
after it had been published : but there were circumstances,
such, for instance, as the absence from town of Colonel Fair-
man's solicitor, satisfactorily to account for the delay which
had taken place in making this motion. The application,
however, was strictly in time
.Lord DENMAN-It is according to the rules of the
Court ; but, in the exercise of a discretionary power, we like
to be satisfied as to the circumstances of the case. You may
take a rule.—Rule granted.
The following is the affidavit of Lord Kenyon above al-
luded to :
" The Right Hon. George Lord Kenyon, of Gedlington
Hall, Ellesmere, Flintshire, maketh oath, and saith,
that the letter Joseph Haywood, G. M. and G. S. of
the First Central- Body, Yorkshire,' and of which a true copy
is hereunto annexed, was received by him, at his house, in
—, on the day of last, in the usual way of deli-
very by the General Post, and that deponent knows the hand-
writing of the person so subscribing himself as aforesaid, and
verily believes the said letter to be the hand-writing of the
said Joseph Haywood, by whom it purports to be written.
Deponent further maketh oath, and saith, that he is, and has
been during years, Deputy Grand Master' of the Loyal
Orange Institution, and that he never did, directly or indi-
rectly, give directions to, or instruct Lieutenant-Colonel Fair-
man, or any other person, to sound the brethren how they
felt disposed in the event of King William the Fourth being
deposed on account of his sanctioning the Reformed Govern-
ment, nor did the deponent directly or indirectly instruct the
said Lieutenant-Colonel Fairman, or any other person, that,
in the event of his Majesty's being deposed, it would become
the duty of every Orangeman to support his Royal Highness
the Duke of Cumberland, who would then, in all probability,
be called to the throne, as the said Joseph Haywood bath
falsely and calumniously insinuated in the aforesaid letter ;
nor did deponent ever directly, or indirectly, give any instruc-
tions or orders to Lieutenant-Colonel Fairman, or to any
other person connected with the Loyal Orange Institution, or
to any other person whomsoever, than what were consistent
with the allegiance and duty of the loyal and faithful subjects
of his Majesty, and the preservation of the succession to the
Crown of these realms, as by law established. Deponent
further maketh oath and saith, that during the time he hath
exercised the office of Deputy Grand Master of the Loyal
Orange Institution, he never knew nor suspected, nor does
he now believe that any design to alter the succession of the
Crown, or any other disloyal or treasonable design, was ever
entertained by that body, collectively, or by any of its mem-
bers ; but that,lon the contrary, the Loyal Orange Institutiolis
have been at all times, and now are, prepared to maintain the
order of succession to the Crown as by law established, against
all who may wish to disturb it."
REX V. DUGDALE.
The Defendant in person, applied for a rule to show
cause why the names and residences of the parties at whose
instance the present indictment had been preferred against
him should not be made known. The rule was to be di-
rected to Messrs Kinsman and Pritchard, the solicitors for
the Society for the Suppression of Vice, whom he believed
to be the prosecutors in this case. He made this applica-
tion, with the view of preventing any of the prosecutors
from being on the bench or in the jury-box. He cited a
passage from Hale's Pleas of the Crown, to show that it
was illegal for any number of parties to unite to prosecute
any individual.
The COURT would not enter into the question last opened
by the defendant, but said that he might take a rule with
a view to see that no one of the prosecutors sat on the jury.
The Court did not rise till near seven o'clock in the
evening.

POLICE IN TELLIGENCE.

BOW-STREET.

A very respectably-dressed young girl, about fourteen
years of age, was charged with forging orders for admission
to the pit of the Adelphi Theatre, in the name of Miss
Fanny Ayres, an actress of that establishment.
Miss Ayres proved the forgery, but in consequence of
the extremely respectable connections of the girl, wished to
abandon the charge.
The defendant was then discharged, and taken away by
her friends, Mr. HALLS earnestly admonishing her to be
very cautious of her condnct in future.

Q UEEN-SQ UA RE.
Yesterday, Messrs. WHITE and BURRELL, the Sitting
Magistrates, were occupied for a considerable length of
time in investigating the circumstances attending a very
extraordinary and daring burglary perpetrated at the resi-
dence of the Reverend John Humphrey Davis, of Oak-hill,
near Tunbridge, on the night of Sunday se'nnight. In-
formation of the burglary having been given to the various
police offices in the metropolis, very active search was made
for the offenders, and on Friday last, Dawson and Smith,
two active officers of the establishment, succeeded in ap-
preliending a very notorious character, named Heir,
Thomas, on suspicion of being concerned in the burglary in
question, who, with a female, named Sarah Lawson, with
whom he lived, were brought before Mr. White on Saturday
evening last ; but as Mr. Davies and other witnesses were
not in attendance, they were remanded until yesterday.
At one o'clock the male prisoner (who is a remarkably
determined and ferocious-looking fellow), and Sarah Law-
son, were placed at the bar, when the following evidence

was taken ;*--
John Humphrey Davies was a Clerk in Holy Orders, and
had a residence at Oak Hill, near Tunbridge, which 105
occupied by himself and family. On the evening of Sun-
day se'nnight, witness retired to bed in a separate cham-
ber, Mrs. Davies occupying one adjoining on account of in-
disposition. Some of the servants were up at the time wit-
ness retired. In the night he was awoke out of his sleep
by a noise, and on opening his eyes he saw a man looking
steadfastly in his face, he had a candle in his left hand and
a large pistol in his right, which he presented at witness's
head, exclaiming, " Lay still, or you are a dead man, by
G— ;" two other men followed both armed, when the one
that first entered and used the threat, desired one of them
to stand centinel over witness, which was complied with,
and the other two then commenced the work of plunder,
packing up all the valuables in the room. Witness, consi-
derin„o- his life in great danger, premeditated his escape, and
kept his eyes fixed upon the man who was standing guard
over him ; and being excited to the utmost pitch by the
screams of Mrs. Davies, he (witness) suddenly rushed out
of bed, and succeeded in reaching her apartment, when she
fell into his arms. The three villians rapidly pursued him
with their pistols presented at his head, during which time
witness was occupied in soothing his wife, who was in the
most agonising state of alarm. Two of the robbers left the
room, the third being placed guard over witness, walking
up and down like a sentinel, whilst his two confederate
were finishing the work of plunder. His guard occasionally
walked out of the room as far as the door of the one
ness had slept in, evidently anxious to see what his comps"
nions were about. Having just entered the door, witness de-
termined to make a desperate effort to close the door on the
three scoundrels, and lock them in until he could give a°
alarm. In furtherance of this object witness rushed towards
the door, and with a lunge drove his guard against the door,
which he (witness) closed, but unfortunately the lock failed;
but he continued his hold of the handle until one of the
robbers got his foot between the door, when witness Was
overpowered, and the whole three rushed out of the room,
and retreated down stairs, walking backwards, with the
stolen property, and their pistols presented ; in their retreat
one of them dropped the pair of pincers produced.
In answer to questions put by Mr. WHITE, the prose*
tutor stated that the robbers effected their entrance by the"
front area window, having cut out a pane of glass ; the ie:
side of the sash had some blood on it, as if one or more 01
the robbers had cut his hands with the glass.
Mr. Davies stated that the villians carried off 248 sove-
reigns, which were in rouleaux, and deposited in a writing'
des, which was wrenched open ; also a gold chronometer,
made by Arnold, a silver-enamelled watch, a gold pencil
case, gold tweezers, and a number of other valuables.
The Magistrates requested the prosecutor to look round
the Court, and see if he could identify any of the three
men who were present on the night in question.
. Mr. Davies, on looking towards the bar, instantly identi-
fied the male prisoner as the ringleader, being the man who
had first threatened his life when he awoke.
Dawson, one of the officers of the establishment, stated
that on last Friday afternoon he saw the male prisoner i$
the Broadway, Westminster ; from private .informatioe
which witness had received he suspected the prisoner knew
something of the burglary at Oak-hill, and took him into $
house in the neighbourhood, and on searching his person h.°
found the articles produced. The prisoner stated that
lived at 31, Old Pye-street, Westminster. Having secure°,
him at the office, witness went to the above direction ao
saw the female prisoner, whom he also apprehended.
The prosecutor identified the gold and pencil-case, twer
zers, and other articles found in the possession of the male_
prisoner, and stolen from his dwelling on the night the three
men made the attack upon it in the manner described. t
Mrs. Bowsey, of No. 31, Old Pye-street, stated tit
the prisoners had lodged in her house for a week. A fed
days before the male prisoner was apprehended he rcqueste
witness to take charge of three sovereigns and some shavi,i
utensils (produced) as, he said, he was going out, and shoe!
get intoxicated. Witness had seen a large gold watch In
u
the possession of the male prisoner.
The male prisoner was then fully committed to Newgete
for trial, and the female was remanded.

. .
Mr. Davy on sight.
The parties then left the office.

MARYLEBON.E. Ic
Yesterday Mr. Christopher Flood, assistant vestry- ~
of Marylebone, Mr. William Kensitt, Mr. George Glace,,
Mr. J. U. Robinson, Mr. Henry Stewart, Mr. James I"
lianison, and Mr. William Davy, against all of whom
true bill was returned by the Grand at the Court °5
Kino's Bench on Monday, for conspiring to place the nan'eaf
of forty-twoci persons on the list of voters for the county
Middlesex, at the last registration, such names not being
the list made out by the overseers, surrendered to put I
bail, with the exception of Mr. Davy, who had been COut''
,
fined in the station-house all night, and from whence
was brought up. 01-
All the parties havingput in bail, themselves in I°,e 0
and two sureties in-.50r. each, for their appearance viurf
called upon, Mr. Davy said he thought he had been veo
ill used the previous night. He was inveigled out of ;,
house by a person calling and saying ,he was wanted at 0
Court-house, and on his way thither he was pounced 1113°
and conveyed to the station-house. 0,
Bradshaw, head• constable of the hundred of Ossulstfd
said in reply that he had received particular orders to sec"'

T.HAllf ES OFFICE. tig
Yesterday Robert Fairbairn, the master of the Pri
Victoria steam-packet, belonging to the Commercial Steawd
Packet Company, was brought before Mr. COMBE, ch,4,rigot,
with killing and slaying William Gultain and Richard
riggers, in the employ of his Majesty's Governmentcia
William Freeman, a boy, on the river Thames, by run
his steam-vessel over them.
Mr. COMBE remanded the prisoner until Thursday