The Sun.
London, England, 1861-01-18 00:00:00

THE SUN, LONDON, FRIDAY EVENING, JANUARY 18, 18bi.

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LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.
(Before the Lords Justixts of Appeal.)
JUDGMENT.-CRESSWELL Y. JACKSON.

This is an appeal from an order of the Master of the
Rolls refusing to grant a third trial in this cause.

The object of the suit was to set aside three codicils of
the will of the late George Nuttal, surveyor and farmer,
Metlock, Derbyshire, on the ground that they were not
executed by him. They bore dates respectively Sept. 16,
1854 ; Oct. 27, 1855 ; and Jan. 6, 1856.
The first trial took place at Derby, in 1859, before Lord
Chief Justice Erle, when the jury band a verdict for the
plaintiff. With this trial the Master of the Rolls was dis-
satisfied, and directed a second trial. The second trial took
place before the Lord Chief Baron, at Derby, in 1860, when
on each of the issues a verdict was found by the jury against
the plaintiff—a verdict directly opposite to the verdict in
1859. The Master of the Rolls refused to grant a new
trial, and the plaintiff appealed, and the appeal ,was fully
argued by Chancery and Law counsel on each side, and
stood over for judgment.

Lord Justice Knight Bruce, on considering the evidence,
was of opinion that there should not be a third trial in this
case. His lordship concurred in the decision of the Master
of the Rolls.

Lord Justice Turner was of a contrary opinion, and
thought that a new trial should be granted.
Their lordships refused the motion for a new trial with-
out costs.

AMUSING SCENE.

An amusing scene occurred yesterday beneath
my eyes, near the grotto of Posilippo, on the road
leading to Pozzuoli. Two young Neapolitans and
a Garibaldian major were taking a ride in that
direction, when all at once they heard a cry of
" Long live Francis IL !" They looked round, but
w ere unable to discover whence the cry proceeded.
As they were continuing their journey to Naples
they passed a little jaunting-car, of the kind so
common in Naples, in which were seated two monks.
The horsemen kept riding on at a little distance
behind the car. They observed that the monks,
as often as they passed a group of peasants,
stood up, waved their handkerchiefs in the
air, and shouted, " Long live Francis 11. !" The
three horsemen straightway galloped after them,
and began laying their whips most lustily
across their backs, and shoulders, and faces,
until the last presented one mass of livid
stripes. The driver, in the hope of saving the
monks from their three persecutors, pushed on his
little horse as quickly as possible ; the faster the
horse went the faster the pursuers followed, and
now there came up an empty carriage, following
in the same direction with the car, namely, that
of Naples. The coachman, on learning What had
happened, said to the three riders, " Just get out
of the way for a minute, and. let me settle them ;
I'll cure the monks of shouting Francis 11. for some
time to come." Forwards he dashed, with all the
speed which his two strong horses couldbut
forth, against the car, which his heavy car-
riage tilted clean over by the road-side. There
was no mischief done except that the two monks
were well rolled in the mire. At a little dis-
tance from the spot was a picket of the national
guards. The monks invoked their assistance, re-
viling their assailants as assassins and highwaymen,
and on their representations the national guards
were on the point of arresting the riders when the
original cause of the affair was set forth, and the
monks themselves were carried off to prison. Should
you be inclined to pass too severe a censure on the
summary manner in which the riders treated the
monks, it is but fair to the former to add that they
stood a fair chance of being assassinated themselves
by the groups of peasants whom the monks were
thus endeavouring to excite to reactionary move-
ments, and that they really had to thank the stu-
pidity of the man who drove the car for thus gal-
loping on, instead of giving time to the monks to
harangue the peasants. I was a witness of the
whole transaction.—Letter from Naples.

SPRING CIRCUITS OF THE JUDGES,

1861.

Yesterday being the first full Thursday of the

term the judges of the several Courts of Queen's
Bench, Common Pleas, gild Exchequer, assembled
in the Exchequer Chamber, for the purpose of
selecting and arranging the several circuits upon
which they will respectively proceed to hold the
ensuing Spring Assize of Oyer and Terminer and
general gaol delivery in and for the several coun-
ties, cities, and towns, throughout England and
Wales, when the following arrangements were
finally determined upon, viz.:—