The Sun.
London, England, 1857-08-14 00:00:00

ONDON, Fit IDAY EVENING, AUG UST 14, 1857.

EAST INDIA HOUSE, 12vn Auczsr, 1857.
THE COURT of DIRECTORS of the EAST
INDIA COMPANY DO HEREBY GIVE NOTICE, That a
QUARTERLY GENERAL COURT of the said Company will 13.
held at their Iloase In Leadenhall•street, on WEDNESDAY, the 231
September next, at Eleven o'clock in the forenoon.
JAMES C. MELVILL, Secretary.

OR the SEA SIDE.—TRAVELLING SUITS,
with Cap, complete, 21. IBs. to Three Guineas; the Beaufort
coat, 21. 10a. ; the new Summer Trousers, One Guinea,; Baden
Waistcoats, Two fqr One Guinea.
EXCELLENCE WITH ECONOMY.
GEORGE HOBSON, 57, Lombard-street.

1/1 R. HOWARD, burgeon-Dentist, 52, Flea-
street,lias introduced an entirely new description of ARTI.
?MIA I", TEETH ,fixed without springs, wires, or ligatures. They
perfectly resemble the natural teeth as not to be distinguished fron.
he original by the closest observer; they will never change colour or
iecay, and will be found very superior to any teeth ever before used.
rids method does not require the extraction of roots, or any painful
tperatlon, and will support and preserve teeth that arc loose, and Is
gratranteed to restore articulation and mastication; and that Mr.
lioward's Improvement may be within the reach of the most ccono-
nical, he has fixed the charges at the lowest scale possible. De-
cayed teeth stopped and 'tailored sound and useful in mastica-
tion.-52, Fleet-street. At home from ten till five.

ticPCRTING INTELLIGENCE.

READING RACES-THURSDAY.

The Cavesha7nStakes (Handicap), of 3 sovs eacb, with
25 added. Straight run in (five furl.nigs).
. _

Mr. Mellish"s lfotterdani, 3 yrs, Est 1 11b...(Custance) 1
Mr. Jones Magnolia, 3 yrs' Est 131 b (Snowden) 2
Mr. Mellish's Dramatist, 4 yrs, Bit 21b...(Fordham) 3
Betting : 3 to 1 agst Admiral of the White, 7 to 2
agst Little Gerard, 5 to 1 agst Nereus, 8 to 1 apt
Dramatist.

Won by a head ; a neck between the second and third.
Bonnets o' Blue was fourth at Dramatist's neck, and
Nereus fifth, close up. Little Gerard, King Cob, and
Dundas were next, the lot finishing together. Annot
Lyle was last.

Tae Reading Stakes of 15 sovs each, sft, with 50 added,
for 2-yr-olds ; colts, Bst 7th ; fillies, Bst 31b. Winners

_
extra. - Halm-mile.
Lord Ciifdon's Sifter to Bishop of Osnaburg, by
Surplice, Bst 3Ib.
Mr. Barber's Polly Peachum, Bst Blb (in. 51b ex.)

(Dale) 2
Mr. La Mert's Melita, B=t 31b (Charlton) 3
Betting : 7 to 4 on Polly Peachum, 6 to 1 apt Sister
to Bishop of Oanaburgb, 8 to 1 agst Schoolfellow, 11 to
1 agst Ham.

Won after an interestinerace by a head,ia length be-
tween the second aril third, and two lengths between
the third and fourth.

The Forbury Stakes of 3 ?Jowl eaob, with 30 added.

One mile.
Mr. J. Merry's Cock of the North by Chanticleer,
5 yrs (301.) Bst 81b (411dcroft) 1
Mr. 3. Dawson's Harrie, 3 yr5,(301.),65t131b (French) 2
Mr. Saxon's f. by Cotherstone—Delaine, 4 yrs (301.),
7st 121 b
Mr. Gulliver's Fascination, 3 yrs (301.), 6t 131b(Prior) 4
Betting : 6 to 4 on Cock of the North, 3 to 1 agst the
Delaine filly. Won easily by a length, three lengths be-
tween second and third, and about the same distance be-
tween each of the, etl-ers./The Ewinner was bought
in for 125 gs.
The Stand Plate (Handicap) of 100 sovs. Half a mile.
Mr. Grevdle's Grand Duchess by Orlando, 2 yrs, 64
611 P
_ _

Mr. G. Payne's Mabel, 6 yrs, Bst (Aldcroft) 2
Mr. It. Field's Impatience, 3 yrs, 6st blb (car 6,t 81b)
(G. Fordham) 3
Lord Portsmouth's My Niece, 2 yrs, 7st 61b
(D. Hughes) 4
Betting-8 to 1 each agst Badsworth, Impatience,
Mabel, and Olympus. 100 to 8 each agst Miss Nightin-
gale, Ceres, Pinsticker, and Fiction. 100 to 6 agst Me-
lita. The betting was principally between seven and the
field. The first three horses were in nearly every in-
stance selected. Won by two lengths ; same distance
between the second and third, and a head between the
third and fourth. Miss Nightingale was fifth, Melita
sixth, and Badsworth, who got shut out by the crowd
at the distance, next, close up. Jack Sheppard broke
down and walked in. When the signal was given Ceres
struck into the heels of her horses, fell, unseated her
jockey, and galloped in riderless.
The Selling Stakes of 3.sovs each, with 25 added.

Half a mile.

Mr. Mellish's Yesa by Pyrrhus the First, 2 yrs (301.)
7st llb (Custance) 1

Mr. Land's Vestige, 6 yrs (201.) 7st 1.31b...(J. Land) 2
Mr. J. Dawson's Silvertail, 2 yrs (201.) Set lib
(Whalley) 3

. _
Betting —Even on Cara Fatima, 6 to 1 each agst Yesa,
Chow, and Silvertail. Won by three-quarters of a
length, same distance between the second and third.
Cara Fatima and Brighton ran a dead heat for fuurth
place, and finished close up with the third.
The winner was bought in for GI guineas, and Cara
Fatima was claimed by Mr. Lumley.
The Whitley Stakes (handicap) of 10 sovs each, 5 ft.
and only 2 if declared, &c., with 50 sore added, the
owner of the second to receive back his stake. One
mile. (33 subs., 13 of whom pay 2 sore each.)
Mr. T. Walker's Theodora, 4 yrs, Bst 21b...(Aldcroft) 1
Mr. Y. King's Madame Rachel, yrs, Est 21b (Bundy) 2
Betting-5 to 2 agst Alembic, 6to 1 aget Emulator,
7 to 1 agst Zaidee, 8 to 1 each aget Elfrida and Madame
Rachel, 10 to 1 agst Theodora, and 10 to 1 agat any
other. Won by a head ; Emulator, Etfrida, aid Rot-
terdam were next, close together, a clear interval sepa-
rating them from the first two.

BETTING ON THE COURSE.
GREAT YORKSHIRE STAKES.
2 to 1 agst Vedette (taken)
sto 1 agat Saunterer (offered)
500 even on Vedette and Skirmisher coupled (t)

Blink Bonny was struck out yesterday at 9 a.m.
EBOR HANDICAP.
5 to 1 agst M,,ngrel (taken)
Bto 1 agst Borderer (taken)
ST. LEGE%
25 to 1 agst Strathnaver (taken)

DERBY.
40 to 1 agst Coxwold (taken)

WARWICK SEPTE
Acceptances for the Learn
Age et ft
Polestar
Neville
Lady Tatton
Mr. Sykes a 7 12
Stork 4 7 9
Prioress 4 7 7
Merlin ...... 4 7 0
11ltneo
Borderer
Redemption
Commotion

MBER MEETING.

ington Stakes. Two miles:.

Age at lb
Uzella 4 6 6
Peeping Tom 3 5 13
Abed
Tiff 4 5 10
'Eloquence
Janet 3 5 5
Marmion 3 5 5
♦ckworth
Relapse
Verona
Star of Albion

AQUATICS.

ROYAL VICTORIA YACHT CLUB REGATTA.
HYDE, THURSDAY EVENING.

Last night the annual dinner of the Royal Victoria
Yacht Club took place at the Club-house, the Commo-
dore, George Holland Ackers, Esq., presiding.
The day was appointed for the race for a club price of
50/., open to all schooners belonging to the Royal Vic-
toria Yacht Club. The following vessels were entered:—
Yachts. Tons. Owners. Flags.
Mariqui t F. B. Carew, Esq... Red, with gold M.
Wildfire 56... J. T: Turner, Esq ... Blue.
Vestal
Zouave 105.. .R. Arabin, Esq. Tricolour,
There was every expectation that this race had been
finally made ; but lut night a question arose between
the owners of the Vestal and Wildfire whether the time,
according to Acker's scale, should not be given by the
Mariquita and Zouave. This was objected to by the
owners of these two vessels, and consequently the Wild-
fire and Vestal were withdrawn, and the race was re
duced to a match between the Mariquita and Zouave.
The wind was blowing strong from the south-eaqt.
The Mariquita was the first to set her foresail, and soon
got a good lead. When approaching Spithead she set
her main gaff topsail and was going well. The Zouave
was about a minute astern, but on the vessels keepinc,
close inshore to get out of the flood tide, almost at the
same moment both of them got agound between South-
sea Castle and the buoy of the Horse. After being on
the sand for about five minutes, the Zouave got afloat
and proceeded towards the Nab Light. The Mariquita
did not come off for more than an hour, and then, of
course, all chance of coming up with her opponent was
out of the question. The Zouave then sailed round the
course alone, and up to the time this was written there
is every reason to believe that she will have the cup
Athout dispute.

The Peninsular and Oriental Company have au-
thorised their agent at Malta to allow the packets bring-
ing the Marseilles portion of the homeward Indian mails
to touch at Cagliari on their passages from Malta to
Marseilles, in case the admiral on the station should be
desirous of transmitting from that point a telegraphic
summary of tl intelligence. This arrangement will in
no way interfere with the due arrival of the steamers at
Marseilles, but will afford the advantage to the Govern-
ment and the public of at least twenty-four hours' earlier
reception of news by moans of the telegraphic wires from
Cagliari.
OPENING OF THE PEOPLE'S PARK, HALIFAX.—The
is to be opened on Friday next, with a
People's Park, the gift of Mr. Crossley, M.P., to the
public procession, and the presentation of
town Halifax, Hanadlifpaxu
b,
an address. The following noblemen and gentlemen
have acceptsEl invitations to be present :—Earl of
Sbafteebnry, Viscount Godericb, M.P., Sir Joseph
Paxton, Sir James Watts, mayor of Manchester ; Mr.
Cheetham, M.P., Mr. Harris, M.P., Mr. Kershaw,
ld.P., Mr. Pilkington, M.P., Mr. Platt, M.P., Mr.
Smytb, M.P. ; the mayors of Bradford, Sheffield, and
Leeds ; Mr. S. Morley, London ; Mr. E. Milner,
Crystal Palace ; Mr. E. Banos, Leeds, and others. The
park has been laid out by Sir Joseph Paxton, and the
plans executed at a coat cf 30,0004—Northern Daily
Expre6B,

WeLsby and Mr. T. Jones appeared on behalf of
the defendants.
Mr. Evans, on behalf of the defendant (having.ad-
, mitted that the plaintiff was heir- at-law), stated the
asset° the jury. Thetes tat or, William W harton Sut-
ton, was born in 1811, and died in 1849, and; by a will
made in 1845, devised the whole of his property to
Mr. Edward Davenport, thereby cutting off the
heir-at-law, who, at the time of Sutton's death was
an infant. In his childhood the testator appears to
have been a dull, stupid, boy, and at school was
looked upon as a dunce. His mother dying when
he was very young, and his father marrying again,
Mr. Edward Davenport, then a boy and nephew to
the second Mrs. Sutton, was sent for to Spurstowe,
and was brought up in the same house with young
Sutton. The two boys went to school together,
played, fished, shot, and slept together ; a degree
of trieedship thus rising up between them which
continued until the death of Sutton. In 18— Sut.
tows grandfather died, and left him a little pro-
perty, when he became dissatisfied, and left his
father's house. He then went to lodge with an
aunt named Reed, and afterwards with another of
the name of Cope. While with them he fell into
drunken habits, and the tricks played upon him
while in his drunken bouts, and eccentricities com-
mitted by him, together with his dirty habits, were
urged a 3 strong proofs of his imbecility. In 18—
his father died, when ho came into possession of
another small estate. Mr. Edward Davenport suc-
ceeded to Spurstowe, and in 18— Sutton sent se-
veral messengers requesting Mr. Davenport to allow
hits to return and live with him. Mr. Davenport
consented; Sutton returned, and be then seems to
have eruggled against his propensity for drink,
and to have become very much improved. In the
year 1843, and in consequence of it having been
rumoured that he' had male a will in favour
of and innkeeper, he was taken by two
of his cousins named Young and Rowcliffe
to a solicitor at Tarporley, and he then made
a will in favour cf his cousins, dividing the
whole of his property amongst them, thus setting
aside tho claims of the heir-at-law. This will ap-
pears to have given Sutton much uneasiness, and in
1844 he went to Whitehurch, and made another
will in favour of Mr. Edward Davenport. A great
number of witnesses testified to Sutton having said
at vat.us times that Mr. Edward Davenport was
the only friend he had in the world, and that when
he died he would leave him the whole of his pro-
perty. In the latter part of 1844, while in one of
his drunken bouts, he made another will in favour
of Corwell, an innkeeper, which has since been de-
stroyed ; and within a month he again went to
Whitchurch, and made another in favour of Mr.
Edward Davenport.
The case opened on the afternoon of Wednesday,
the sth, and the examination of witnesses (of whom
there were 52) for the defendant concluded on Fri-
day evening. The examination of witnesses (of
whom there were 51) for the plaintiff commenced
on Saturday morning, and concluded on Tuesday
evening last. On Wdnesday, the 12th inst., Mr.
Grove addressed the jury for the plaintiff in a
speech of two hours and a half duration, and was
followed by Mr. Evans for the defendant in a
speech of an hour and a half. His, lordship took
six hours in summing up ; the jury then retired,
and after a consultation which lasted.forty minutes,
returned into court and gave a verdict for the de-
fendant, thereby establishing the will.

OXFORD CIRCUIT.—GLoucEsTEit, Aug. 13.
(Civil Court—Before Mr. Baron Martin.)
HADDOCK AND ANOTHER V. LEWIS AND ANOTHER.
Mr. Sergeant Pigott, Mr. Dowdeswell, Mr.
Cook Evans, and Mr. H. James appeared for the
plaintiffs ; and Mr. Whatley, Q.C., Mr. Skinner,
QX., Mr. W. H. Cooke, and Mr. Powell for the
defendants.
This was an action of ejectment brought to try
the validity of a will male on the 14th of April,
1855, by MrA. Anne Higgins, an old lady who died
at a place called " Shepherds," about four miles
from Newnham, on the 13th of May, 1855 at the
advanced age of 80. Considerable interest at-
tached to the inquiry, arising froin the circum-
stance that the will in question was made by Mr.
Smith, the solicitor of Newnham, and that one
moiety of the property, after paying certain lega-
cies, was left to a Mrs. Elliott, an old lady of 66,
who Was Mr. Smith's mother-in-law. The other
moiety was left to Sarah Lewis, who was the testa-
toi's first cousin. TO plaintilf claimed as heir-at-
law, and the defendants as devisees.
When the case was called on,
Mr. Whateley, who appeared for the defendants,
the devisees, said he admitted the plaintiff was
heir-at-law, and claimed the right to begin, by
proving the execution of the will.
Mr. Sergeant Pigott said he could not resist that
application.
Mr. Whateley then stated the facts of the case
to the jury, and called . several witnesses to proVe
the due execution of the will, which was dated the
14th of April, 1855, and was proved in Doctors'-
commons. on the 16th of June following. The tes-
tatrix devised all the estates vested in her upon
trust or by way of mortgage to John Taylor, of
Griershill, in the parish of Lydney, farmer, and
appointed him executor. She gave 2001. to Mary
Lewis, then staying with her ; 501. to Mary Kear,
then living with her ' • 1001. to Alfred Meredith,
then living with her. To Henry Awre, innkeeper,
she gave 5001., being the amount of mortgage money
due to her upon his farm. As to the residue of her
property, real and personal, she devised and be-
queathed the same to the said Sarah Lewis and
Margaret Jane Elliott, of Newnham, widow, as
tenants in common, subject to the payment of her
debts and personal and testamentary expenses.
The will purported to be signed by the testatrix,
" Anne Higgins," on the 14th of April, 1855, and
was witnessed by " Edward Robinson, Awre-Mill,"
and "George Parsons."
Mr. Sergeant Pigott, in summing up the evi-
dence for the plaintiffs, said, one question for the
jury would be whether the deceased had signed the
will, as suggested, on the 14th of April ; or, whe-
ther it had not been sirrned at a much later period
of the month. A more serious question would be
whether she ever signed any will at all. Accord-
ing to Mrs. Rear's evidence the dEiceased denied
ever having signed any will, and it was more pro-
bable, from thia evidence, that she did not under-
stand what she was signing, or she might have sup-
posed that she was signing some authority to Mr.
Smith to protect her property from the man White,
who had made a claim to it. The question was '
whether the deceased signed that paper, intending
it to be her last will and testament. LOOK at the
persons who had been excluded. Consider that
one-half of the property was given to Mrs. Elliott,.
the mother-in-law of Mr. Smith, the attorney who
made the will.• Why was not Mrs. Elliott called ?
Why was not Mr. Taylor, the executor, called ?
Why was not Mr. Harrison, the surgeon, examine
ed ? Mr. Harrison might have proved Mrs. Hig-
gins's competency, and Mrs. Elliott, who had got
half the property, might have proved whether or
not she had seen Mrs. Higgins more than once in
her life. The learned sergeant said the question to
be tried was one of great public importance, and he
confidently left the case in the hands of the jury.
Mr. Whateley, in reply, said Mr. Smith was
charged with a gross forgery, conspiracy, and sub-
ordination of perjury. But could the jury believe
that all the parties who had been called by the de-
fendants were parties to such a conspiracy 1 All
that could be said of Mr. Smith was, that he was a
gentleman who had carried on business at Newn-
ham for many years without a slur upon his char
acter. The only charge against hint was that Mrs.
Higgins had been pleased to leave a large pOrtion
of her property to his mother-in-law. Suppose the
case had been the other Way, anti Mrs. iiiggins had
made her will hi favour of the diattLipointed lega-
tees who had been called by the plaintiffs. Mr.
Smith's evidence was confirmed by the entrieswhich
he had made in his book, mid by thd entries maid
in the innkeeper's hOok. The learned counsel then
proceeded to comment generally iipon the facts of
the case, and said that if this had been a fraudulent
will the probability was that Mr. Smith would
have been ready to give the disappointed parties
some small sums to buy them off. But nothing of
the kind was done, though Mrs. Rear wanted Mrs.
Elliott and Mrs. Lewis each to give her 284 The
learned counsel admitted that some suspicions had?
been thrown out on the defendant's ease by the
evidence which had been given on the part of the
plaintiffs ; but the evidence was chiefly of converaa-
rions which might be misunderstood ; and be con-
cluded by declaring that the case of the defendants
was clearly proved by direct and unimpeachable.
evidence.
Mr. Baron MARTIN summed up the evidence, and,
said, the question was, whether the will of the 14th
of April was made by a person of sound and dispo-
sing mind, and whether the will was her will, and
not that of a person having influence over her ?
The will must be the real will of the maker, and
the question was whether this will was the will o
Mrs. _Higgins, and whether she was of
oassoe:nvaZnries
disposing mind ? His lordship said he should be
sorry if it should be thought, from any b
he might make, that it was right that a will should.
be Amide as this wax, k that would put wills in