The Sun.
London, England, 1859-05-12 00:00:00

LAW INTE.

THIS DAY.)

COURT OF CHANCERY.

(Before the Lord Chancellor and the Lords Justices.)
APPEAL JUDGMENT-ODDIE V. DROWN.
This was an appeal from the decision of Vice-Chancellor
Sir John Stuart, and relates to the validity of a residuary
gift of the personal estate, contained in the will of a person
named John Oddie, who died in 1821. The testator, by his
will, directed his trustees to accumulate his residuary per-
sonal estate until it amounted to £3,000, or thereabout.
And the will directed that so soon as the accumulation
should amount to that sum the interest of that fund
should be paid to certain tenants for life. And on the
decease of the survivor of them, the fund itself
should be divided among certain persons therein
named, and the question raised was, whether the testator
had not defined the limits within which the accumulation

was to go on, and whether the entire gift was not void
from uncertainty and remoteness. The Vice-Chancellor
held that, having made the limit £3,003, it might not
exactly come within the limit of the rule against perpe-
tuities, but the gift was very remote, and failed accordingly,
and therefore the next of kin were entitled to take. The
case came before the Lords Justices, where it was heard ;
but, considering the importance of the case, it was appointed
to be re-heard before the full Court.
The Lord Chancellor considered that the accumulations
were only good for 21 years, when they became interrupted
by the Thellusson Act, which allowed accumulation during
that time, but no longer.

Lord Justice Knight Bruce considered that the accumu-
lations were good until the death of the last tenant for life
named in the will.

Lord Justice Turner considered that the gift was not
void from remoteness nor uncertainty—that the accumula-
tions extended not only to twenty •one years, but subse-
quently in certain events happening mentioned in the will.
The Lord Chancellor varied the decree of the Vice-
Chancellor, and declared that the accumulations were gooi
to the tenants for life and their descendaats for twenty-one
years, and dismissed the appeal with costs, reserving the
question whether the accumulations• thereafter were good
till the death of the last tenant for life, with liberty to
apply. The minutes to be settled by counsel in the cause.

CRLJIINAL COURT:---( THIS DAY.)

OLD COURT.

;Before Mr. Justice Crowder, and Mr. Baron Channel.'

THE WAGNER FORGERIES.

Andrew Foster, hatter; William NVynn Bramwell,
dealer; Robert Humphries, jeweller; and William Wagner,
agent, were brought up for trial, charged with feloniously
forging and uttering an order for the sum of £265 with in-
tent to defraud. Bramwell and Wagner detained for forg-
ing, &c., an order for £270. Humphreys detained for
feloniously, &c., having in his custody a die resembling the
die used by the Commissioners of Inland Revenue for Bill
S Stamps
and p
mps aolsossesdieotr:lin counterfeit
ed for
coin. havingcn.
unlawfully in his cus-
tody

1 Mr. Bodkin, who appeared in support of the prosecution,
opened the case against the prisoners at considerable length.
Mr. Sleigh, who appeared with Mr. Bodkin, then called,
George Watkins, who said—l am a baker. I live at
Euston-square. In February last I liver) at Church-street,
Soho. In Richmond-street there is a public-house it is a
house of call for bakers, and I used it. In the
early part of February I met Bramwell there. I did
not know him before. We drank together. After I . had
known him a short time a conversation took place about
cheques. He asked me if I had any objection to present a
eheque on the cross ; that he would give me anything in
writing to prove my innocence if the forgery was detected.
They would advertise for a baker. Tho advertisement did
not appear. I said I would give them an answer the fol-
lowing day. They said I should have a letter to prove I
was engaged. I was to have £l5 fir my share. This was

the last Sunday in February. I could take the £l5 in gold
for my share, and the rest in notes, as they could easily
dispose of them, by changing them for foreign money.
After that we could meet in the evening and enjoy our-
selves. Upon the Monday morning I placed myself in
communication with the police. On that day and subse-
quently I acted under the cognisance of Inspector Webb.
On Monday, about 11 o'clock, 1 went to the Three Crowns
and saw Bramwell, and we went out for a walk, and he
said he had advertised (mentioning no paper). I answered
him, as to presenting the cheque, in the affirmative. He
could bring the paper containing the advertisement in the
morning. He said that he had presented cheques, and
was stopped. Up to this time I knew Bramwell as Brown.
I was to meet him at the Three Crowns the following morn-
ing. He did not come though I was there. I next saw
him on Saturday at the Three Crowns. I told him I had
kept my appointment, I said I had been expecting him.
He said he had been too busy and could not get there. He
said, " You shall advertise ; I'll bring the money to-morrow
night." I remember nothing else. Ife again broke his
appointment, and I did not see him till the following March.
I did not then speak to him. I did not again see him till
Monday, the 21st March. That was at Grafton-place,
Euston-square. Bramwell was at Grafton-place when I
arrived. He said, " Meet me at two o'clock." I did so,
and went to a tea-shop with him. He then produced the
paper I now have. That paper contained the advertisement.
He told me to take a copy of that. I did so, and gave it to
Bramwell. He kept me there from two to three. While
I was waiting a person came in and had some ale, and after
he had left Bramwell said, " We 11 go now." I did not notice
the gentleman, but he could see. I and Bramwell went a
little way together and then parted. Another appointment
was then made to meet him at the same place, at 11 o'clock
the next day. I kept that appointment; he did not, and I
went home and received soon afterwards the letter pro-
duced by post. The letter is addressed " William Wyatt,"
and directed me to go to a place where I, no doubt, Should
be suited. l'en minutes after I had received the letter
Bramwell came in and handed the receipt for the adver-
tisement inserted in the Daily Telegraph. The receipt was
for ls. I showed him the letter and card I had received,
and he said he could not tell if it came from their party.
He said he would see, and I had better go and I might get
a good situation. In reference to his not keeping one ap-
pointment, he said, " You recollect that gentleman that
came in r I said " Yes ;" and he said (being rather the
worse for liquor), "I kept you there on purpose for him to
see you." He accused me of not keeping an appointment
with him. I said, " How do you know I was not there ?"
He said, " Who was that man you spoke to ?" and I replied,
" How did you know I spoke•to a man ?" We then made
another appointment, which met with the same fate as many
previous ones, but the potman at the Three Crowns told
me something that induced me to go to Red Lion-street,
Holborn, and there I found Bramwell standing at the corner.
He said he had been standing there a quarter of an hour.
He asked me to come and stand by him, and said " They
have arrived—take no notice of any one." The next minute
I saw some one taking great notice of me. After the per-
son had walked backwards and forwards on the other side
of the way, Bramwell and I stood together and he passed
close to me on the same side as we stood—that turned out
to be Humphries. After that the prisoner Forster came up
and shook hands with Bramwell, who said, introducing me,
" A friend of mine." Forster said to Bramwell, "You can
go now—be back in an hour; you can sleep in my house
to-night." Bramwell then crossed tliedroad—Forster then
entered into conversation with Humphries. Humphries
left and I and Forster went to a public house together. He
said, " Now I am a very particular man. I don't allow a
second man to know my business, and if you go
into this affair with me you must be as strict." I
saw nothing more of Humphries. I was with Forster
half-an-hour. While la ith him I showed him the letter
and card I had received by post. I said " I received this
letter ; is it from your party." He replied, " I can't say ;
I don't know them." He loft me and took the card with
him. He returned in a quarter of an hour and said (giving
me the card) "It is not from our party, we have posted a
letter for you, you'll receive it in the morning." In our
position any one coming in could have seen me. Some one
pushed spen the door several times, and Foster said, " You
must excuse our people, they are naturally distrustful." He
again went out, and in a few minutes entered and said,
" You are to do this little affair to-morrow morning." An
assignment was made for the next day for past 10. He
said before he left, " If yeu have not received the letter
come at the appointed time, we can easily go back for it."
The same night I communicated with the police. On the
23d March I received a letter. I went to a house, the
Orange Tree, and met Bramwell outside. We went in,
and Forster came a quarter of an hour afterwards. He took
the letter out of my hand and kept it, giving me back the
envelope. The letter said that if C. W. would meet Mr.
Curtis, at 11 o'clock, he would probably hear of a situation
that would suit him. I was to see him on the 23d. Forster
said when he took the letter, " I shall notbe ready for half
an hour, what will you do?" I said "Go for a walk. I am
to be back at eleven o'clock to the Orange Tree. I got
back at eleven and Forster came there. Bramwell was
there all the time. [Here Mr. Metcalfe said he defended
Forster ; Mr. Doyle, Bramwell ; Mr. Repton, 'Wagner ;
and Mr. Atkinson, Humphries.] When Forster came back
he gave me a letter (produced). He said "Are you ready?" I
said "Yes." He said, "Came on then." We (Forster and I)
then started, leaving Bramwell behind, and we proceeded
up Gower-street. Forster said, " Now, my boy, I feel
confident we shall bring this off, andiwhen I do it generally
comes off right." When we arrived at Curtis's, I went in
and Forster remained outside. I then went in to the
coffee room at the University Hotel and saw a gentle-
man in one of the boxes. He had a black coat
on and wore his hat. Round his bead he had a black
bandage ? it appeared to go round his chin and under
his hat. The piece of stock produced (serge) is like it.
(The witness here tried the 'effect upon himself, and raised
a good deal of laughter.) I believe the man to be the pri-
soner Wagner. I said to him "Are you Mr. Curtis?" Ho
said, "Yes." I showed him the letter, and said I was the
person that put in the advertisement. He said—" You are
a baker, I believe." I had not before told him I was a
baker. He said, " Mrs. Curtis will be here at one, and I
should wish her to see you before I engage you." He said
nothing about wages. " In 'the meanwhile," said he,
" take this cheque (produced), and if yOu can, get back by
one." When he handed 'me the cheque he said, " Take
this ehequetotheßank (handing me some pieces of paper)."
I said I could get back before one. He said, " I don't want
it before one." I came outside. [The cheque was

upon the Union Bank of London, Regent-street
branch, purported to be drawn by J. Peter, for £265.
[The other paper said four 50's, five 10's, and 15 gold.] I
left the hotel. Outside was the prisoner Forster. I said I
had left the letter, and should go back for it. He said, " Oh,
no, you won't get it." I showed him the cheque, upon his
request that I should do so. He said it was a capital imi-
tation ; that there were five or six cheques ready, and if I
was lucky it would not be a bad half-week's work. We
then went to the American Stores in Oxford-street. Went
in for five minutes. From thence we went to the bank in
Argyle-place. Before I arrived at the bank we made an
appointment to meet at the American Stores. I went into
the bank and left him outside, close by. I presented the
cheque, and payment was refused. Forster was, a very
short time afterwards, brought in in custody.
Some further evidence having been given similar to what
has already appeared in The Slot, the case was adjourned
at five o'clock until to-morrow.

NEW COURT.
(Before the Recorder.)
BIGAMY.

A respectably-dressed woman named Juby surrendered
to a charge of bigamy. The jury found her guilty, and
she was sentenced to two months' imprisonment.

RECEIVING STOLEN PROPERTY.

Thomas Wall, a marine store dealer, was indicted, to-
gether with a boy aged about 14, for receiving some metal,
stolen by the latter.

The jury found both prisoners guilty.
The Recorder sentenced Wall to nine, and the boy to
three months' imprisonment with hard labour.
EMBEZZLEMENT.
Joseph Tyas was indicted for embezzling the sum of
£1 65., the property of his master.
The prisoner pleaded not guilty.
Mr. W. R. Stevens, stationer, Throgmorton-street, said
he occasionally employed the prosecutor. On the 23d of
April, the prisoner (who was in Mr. Trenden's employ)
called for an account' amounting to £1 65., and received
the same. He gave a printed receipt for the same:
Mr. Trenden said part of the prisoner's duty was to re-
ceive small accounts. The prisoner absented himself from
work for some time, and on his (witness) calling at Mr.
Stevens, he found he had received the monenalthough the
prisoner had previously denied having done so. The pri-
soner bad been in the prosecutor's employment for two or
three years, and also in that of his father for seven years
previously.

The prisoner said he received the money, but lost it oui
of his pocket going home.

The jury found him guilty.
The prosecutor—My lord, I don't wish to be hard with
the prisoner. This is the only dishonest act I have ever
discovered against him.

The Recorder—Then why did you prosecute P It appears
that he has been in your father's service for many years,
and between two and three in your own. Ymir present re-
quest places the court in a very difficult situation. As it is
the first dishonest act I shall, under the circumstances,
only sentence the prisoner to two months' imprisonment
with hard labour.

POLICE INTELLIGENCE-(THIS DAY.

MARLBOROUGH-STREET.

CHARGE OF FRAUD AND CREATING A DISTURBANCE,

—CAUTION TO PURCHASERS OP COALS.—lienry Clark,
of 23, Weston-place, King's Cross, coal merchant, was
charged with creating a disturbince at the New York
Hotel, 182, Leicester-street, Leicester-square, under the
following circumstances.

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared on the part of the Great Northern Railway Coal
Company; Mr. Williams, inspector of the Great Northern
Railway police being also in attendance.

Mr. J. R. Williams; of the New York Hotel,
182, Leicester-street, said that on the previous
afternoon a person called on him, and said he came from
Mr. Herbert Clarke, of the Great Northern Railway Coal
Company ; that he had three tons of coal to take some-
where, but not finding the place, he was authorised to sell
them at less than the usual price, and that he would sell
them at 19s. a ton sooner than take them back again; and
that they were the best Wallsend coals. The man then
produced a card, with a large seal, showing that he was
authorised to sell the coals. He bought one ton, the man
telling him that since he had first spoken to him some had
been sold, and the man signed the receipt in the name of
"Herbert Clark," and perceiving there was no final "e" to
the name his suspicions were aroused. Shortly after the pri-
soner called for the .195., and would make him pay it.
He then left, but returned with a pipe in his mouth and
created a disturbance, and in consequence he was obliged
to give him into custody.
The prisoner said he was a coal merchant, and his name
was Clark, without the " e." A person gave him the order
to cart the coals to a place, and when he got there his man
found that there had been a hoax, and he gave his man
orders to sell the coals at a less price sooner than bring
them back. The coals were his property, and he had them
from Mr. Herbert Clarke, but he was not present. The
coals were sold for cash.

Witness said ho told the prisoner that he had bought
some of a Mr. Lempriere, clerk to Mr. Herbert Clarke, with
the " e" in his name.

Mr. E. Lewis said he should prefer a charge on the part
of the Great Northern Railway Coal Company against the
prisoner, for conspiring with another, not in custody, to
defraud Mr. Williams, by selling coals of an inferior quality
and representing them as Wallsend. Some persons had
been practising frauds on the public to the detriment of the
Great Northern Railway Coal Company by selling a very
inferior kind of coals as Wallsend. The man said he came
from Mr. Herbert Clarke though his name was Henry
Clark, and when Mr. Williams saw there was no " e" in the
name he refused to pay. The false pretence in the case was,
that he was not concerned for Mr. Herbert Clarke.

Mr. Bingham said, that as far as the charge of creating
a disturbance was concerned, he had no business to collect
a debt in the way he attempted to do, and he should order
him to find surety for three months, and with respect to the
other charge he should order him to find bail to appear on
Saturday next.

The parties then left the court for the charge of con,
spiracy to be entered in the usual way.

THAMES.

ROBBERY BY A DA.UGMTEIL—FINE NAMES AND FINE
CLOTHES.—MaryAnn C happen and Jane Drusilla Euphrasia
Wigley, two girls each about 18 years of age, and both
dressed alike with new bonnets, falls, • curtains, and veils
hanging to them, and wearing crinoline frocks, were brought
before Mr. Selfe, charged with stealing £3 2s. and some
valuable property from the house of the parents of the girl
Chappell.

Mrs. Chappell, a very respectable matron, the wife of
William Chappell, a carman, of No. 15, Pitt-street, St.
George-in-the-East, said she was very sorry to prosecute
her own daughter, but she had no alternative. Her daughter
was 18 years of age last June, and was a very wicked girl,
who had heaped sorrow on her parents and relations. On
Monday evening her daughter absconded from her home
in her (the mother's) absence, and took £3 2s. from a
tea-caddy which she broke open, and also took away
a pair of boots belonging to her and some other property.
Yesterday she went to No. 3, Devonshire-street, Commer-
cial-road East, where she found her daughter and the other
prisoner. They were both dressed alike in the finery they
were now wearing, and had bought their bonnets, ribbons,
and crinolines with the money taken out of the tea-caddy.
The prisoner Wigley was wearing the boots stolen from
the house of witness and had them on now.
Mr. Selfe—What is the place in Devonshire-street ?
Mrs. Chappell—A house for girls.
Mr. Selfe—A brothel ?
Mrs. Chappell—l believe it is, sir.
Mrs. Selfe—Your girl is described as a prostitute, is that
so ?

Mrs. Chappell, who was deeply affected, said that was too
true. Her daughter absconded about nine months ago after
robbing her, went upon the town and returned seven weeks
ago. Her daughter promised to be a good girl, and she
and her father did all they could to reclaim her.
Other evidence was, gone into, from which it appeared the
two girls bad been visiting theatres and concert-rooms on
Monday and two following nights, and made up their
minds to lead a degraded life, for which purpose they pur
chased the finery on their persons.
Mrs. Chappell said, if her daughter could be sent to a
Reformatory School and reclaimed from a course which
would involve the destruction of both soul and body, she
would gladly pay all the expenses.
Mr. Selfe—She is too old for a Reformatory School.
The prisoner Chappell impudently pleaded guilty to the
charge of robbing her parents.
Mr. Selfe said this was really a shocking case. The girl
Chappell was incorrigible, and the best thing to be done
was to send her to prison for a very long time. H
tenced her to be imprisoned and kept to hard labour (f seersnix.
months. He also convicted Wrigley and sentenced her to
six weeks' imprisonment and hard labour.

NEW COLONIAL BISHOP.--The. Rev. Prebendary
Tuffnell, the recently appointed rector of St. Peter's, Marl-
borough, Wilts, has been appointed to the newly-established
about t
bishopric of M o
resignohis living.' Australia, and is consequently
ACCIDENT AT ST. JAMES'S HALL—Yesterday
morning an accident, which created considerable alarm, and
might have been attended with serious consequences, took
place at St. James's Hall, Piccadilly, at the anniversary
meeting of the Irish Church Mission Society. The meet-
ing was very numerously attended, and the platform was
crowded, when just as the Rev. A. R. C. Dallas the secre-
tary, had concluded reading the report, the railing in front
of the platform gave way, owing to the pressure from be-
hind, and several gentlemen were precipitated head foremost
on to the floor of the hall. Fortunately, although several
ladies were in the immediate vicinity, no one was under the
spot. Mr. Beaumont, of Nottingham, who was standing in
the' front row, was, however, thrown very heavily to the
ground, and severely bruised. Several other gentlemen
were also precipitated into the body of the hall, but beyond a
severe shaking sustained no serious inconvenience. Mr.
Beaumont was less fortunate. He was taken up nearly insen-
sible and conveyed into the committee-room, where restora-
tives were applied, and we are happy to say before the meeting
broke up he was sufficiently recovered to be removed to his
own house. Of course considerable alarm was felt in the
meeting, and great confusion took place, which was only
quieted by an assurance from the chairman that no, serious
injury had' been sustained. •It Nitta some time, however,_
before the excitement was sufficiently subdued to enable
the proceedings of the meeting to be resumed,