The Sun.
London, England, 1832-12-01 00:00:00

TIIEAKSTON AGAINST MARSON

Sir JOIIN NICHOL!, gave sentence in this case,
which had been argued on the two last court-days.
It was a suit respecting an alleged will of Mr. Ed-
ward Theakston, wo kept training stables at New-
market, and who died the 7th of November, 1831,
aged 58, leaving a widow, but no child or known
relative, and was supposed to have been illegitimate.
The personal property was alleged on one side to
be 5,0004, on the other 8,000/. There was a real
estate worth from 400/. to 6001. The will pro-
pounded bore date 4th of November. It gave an
annuity of 100 per annum to the widow, and the
residue to Charles Marson, his wife's sister's hus-
band, who was appointed executor; and the maker
of the will, the Rev. W. Pochin, of Great Cornard,
near Sudbury, was named trustee. The will was a
memorandum taken by Mr. Pochin, in his own
pocket-book, to the following effect :—" Theaks-
ton's will, November 1. Theakston wished me to
make his will, and to bring it for execution on Tues-
day next. The widow 100/. per annum. Marson
executor and residuary legatee. Myself to be
trustee to secure the annuity. Read it over to him,
when I took it down and approved." After de-
tailing the substance of the pleas and allegations, the
Learned Judge said that it was his duty to pro-
nounce against the will; and considering the trouble
and expense to which the widow had been exposed,
unless the Crown defrayed the expense, he should
condemn Mr. Marson in the costs,

INSOLVENT DEBTORS' COURT, Nov. 30.

Robert Young, who made his first appearance be-
fore the Court last week, and whose case was ad-
journed until this day, that he might make some ar-
rangement for the payment of his creditors in the
mean time, was now brought up.
The insolvent had been valet to the late Lord
Ailesbury, and, in consideration of his former ser-
vices, received an annuity of 301. from his present
Lordship. His debts were about 301., of which sum
221. was due to Mr. Machie, his opposing creditor,
who had furnished the funeral of his wife six years
ago, and had brought an action against him for the
expenses of it, but had received nothing, and been
put to considerable law expenses. The insolvent
now entered into a rule of Court to pay 41. a year,
out of his annuity to his creditors, and, after being
congratulated by the Court on having, within the
week, recovered 11;s senses, and seen the propriety
of acting as an honest man, was ordered to be dis-
charged.

OLD BAILEY, Nov. 30.

OLD COURT.

Henry Bartholomew, aged 15, a cab-driver, was
indicted for manslaughter, This is the boy who
caused the death of Lady Caroline Barham on the
31st of October.

Mr. Apoplius in stating the case would not
impute malice prepense to the prisoner, but should
be able to show that he had caused the death of
Lady Barham by careless driving.
Mr. Lucas, a solicitor, residing in Allsop-terrace,
was in Margaret-street, Cavendish-square, on the
day of the accident. The cabriolet turned round
the corner of the square, the horse at a gallop, and
the boy whipping him. Opposite the house of Sir
Claude Scott the cab came in contact with a lady
and knocked her down ; one of the wheels passed
over her, and she became insensible immediately.
Witness sent for a medical gentleman, and finding
the lady's address in her reticule he had her con-
veyed home. Had the boy been driving properly
the accident would not have occurred.

Cross-examined by Mr. BARRY-It was twilight;
the horse was certainly galloping. The boy was
driving most furiously, and the off shaft struck the
deceased.

William Hoskins confirmed the evidence of the
last witness.

The prisoner, when called on for his defence, cried
bitterly, and intimated to the gaoler that he could
not say any thing.
Several witnesses gave tie boy a good character
for carefulness, and a farrier named Roxburgh de-
clared that the horse was unable to gallop at the time
of the accident.

The Jury, after a short deliberation, acquitted the
prisoner, but expressed a hope that the proprietor of
the cabriolet would be deprived of his license.
Joseph Smith, aged 44, was indicted for receiv-
ing, and William Pedley, aged 23, for stealing, an
immense quantity of property, comprising 2,712
pairs of gloves, several packages, &c., value 2121.
and upwards, the property of Messrs. Dent, whole-
sale dealers, of Friday-street, city, and of Worcester.
Mr. BODKIN called a number of witnesses, from
whose evidence it appeared that in June last the
prosecutors sent various packages in one of the
usual town carts to be taken to the Rose Inn, in
Farringdon-street, to be forwarded to their ware-
houses at Worcester; the goods, however, never
reached their intended destination. The cart had
been hired by a man named Ellis, not in custody,
and he directed the cart to Castle-alley, where the
various packages were conveyed and taken to the
premises of the prisoner Smith,
The principal witness was a woman named Sarah
Groves, who had lived in the service of the prisoner
Smith, and she deposed to the cart in question, and
the unloading of the goods therefrom, and that she
left his employ on discovering he was a receiver
of stolen goods.
The prisoner Smith, in defence, declared his in-
nocence, and said that the woman, Groves, was in-
itigated by malicious motives.
The Jury, after retiring about 40 minutes, pro-
nounced the prisoners Guilty.
Smith was sentenced to 14 years' transportation,
and Pedley for seven years.
The Court broke up at eleven o'clock.