The Sun.
London, England, 1859-05-03 00:00:00

LA IV INTELLIGENCE.--(THIS DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor and Lords Justices.)
ArBEAL.-ODDIB V. BROWN.

At the conclusion of the arguments in this case the Lord
Chancellor reserved judgment.

APPEAL.—ATTOILNEY-GENI2CIAL T. DAVEY.
This was an appeal from a decision of the Master of the
Rolls.

The Lord Chancellor affirmed the decision of the Master
of the Rolls, and dismissed the information without costs

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
NB W AND NEWTON V. BUTT.
The plaintiffs in this cause were relatives, arid the de-
fendant was the son of Lieutenant-Colonel Butt, who died
on the Ist of March in this year, and the object of the suit
was to obtain the opinion of the Court as to the validity of
a will which the deceased had signed some time previous to
his decease.
The Queen's advocate and Dr. Spinks were counsel for
the plaintiffs, and Dr. Deane, Q.C., and Dr. Swabey for
the defendant.
From the statement of the counsel in opening the case, it
appeared that some weeks before his death Colonel Butt
directed a lady named Harris, who was staying in the same
house with him, to make some alterations in his will, which
sho did in her handwriting. She signed it. He had pre-
viously stated to Mr. Cheshyre, his solicitor, at Cheltenhuni,
thatinstead of leaving the whole of his property to his son,
he would provide for him by an annuity, and that ho would
do something for his relations. On the morning of his
death Mr. Cheshyre was sammoned to Col. Butt's, and
found him him in bed and very ill. The deceased told him
about the will, which was produced, and seeing that it was
not attested he proposed to Dr. Abercrombie, the medical
attendant, who was present, that they should both attest it,
the deceased having previously stated that the instrument
was his will. At the moment that Mr. Cheshyre made this
suggestion, Col. Butt exclaimed, " It is all over with me," '
and was unable to sign the will. He then wrote on the back
of the document words to the effect that the deceased, who I
died shortly after, had declared the same to be his will,
which he (Dr. Abercrombie) attested.
The two attesting witnesses were examined, but the Court
considered that, under the circumstances, the will could
not be maintained, and decreed for the defendant, allowing,
however, the costs of the plaintiff out of the estate.
PRICKER V. FRICKER.—JUDICIAL SEPARATION.
This was a petition presented by Charlotte Eliza Fricker,
praying for a decree of judicial separation from John Vivian
tricker, her husband, on the ground of his cruelty.
Dr. Tristram was counsel for the petitioner, and the
respondent was undefended.
Mrs. nicker, the petitioner, was examined, and stated
that she married the respondent in 1850, and that they had
three children, the youngest of whom was a year old. They
had lived at several places since the marriage, and he at
present resided at Princes-road, Red Lion-square. His
habits were intemperate, and though he could earn
£2 a week at his trade of wood carver, he was
very indolent and did not attend to his business. He
was in the habit of ill-using her, and on one oc-
casion, when she was within a few days of her
confinement, he flung a saucepan at her. On an-
other occasion he threw a table at her, and in
January last he brought home a dog which he " set at" her.
he animal did not bite her or the children, but fright-
ened them exceedingly. He drew a pair of scissors across her
neck, and threatened that he would prevent her screaming
again. After the first 18 months of their marriage he did
not supply her with money for food, which during the last
15 months she had the 'oTeatestdifficulty in procuring. She
took in needlework, and he had endeavoured to prevent her
earning any money by that means, by snatching the work
from her and insisting that she should not do anything ex-
cept for him. He was constantly in the habit of striking
her and giving her black eyes.
The mother and sister of the petitioner deposed to several
acts of vicilerice on the part of the respondent, and particu-
larly to his having on one occasion taken the petitioner in
his arms and flung her out into the passage, in consequence
of which she suffered severe pain in the side for some days.
Twa other witnesses not related to the petitioner gave
corroborative evidence.
The Court granted the decree, and directed that the
children should be placed in the custody of the mother
until they had attained their 7th year.

BANKRUPTCY COURT.
(Before Mr. Commissioner Fane.)
THE BRITISH AND FOREIGN SMELTING COMPANY.

Ain eeting was held to-day for the purpose of making a
call under the order of the court for winding up the affairs
of this company.
Mr. Hillyer (Hillyer and Fenwick) appeared for the peti-
tioning creditor, and a call was made of £5 per share (of
£2 10s.), and that will not cover the claims against tho
company.
There was no opposition on the part of the company or
the shareholders.

POLICE INTELLIGENCE,-(THIS DA Y.)

MANSION-HOUSE.

NOT ACCEPTING A GOOD OFEER.—A DESERTER.—
Thomas James, a heavy-looking young man, was charged
with picking pockets in Billingsgate.
The prosecutor, who is a sailor, said that he felt the pri-
soner remove the handkerchief from his pocket and asked
him to return it, but the prisoner refused to do so, and was,
of course given into custody.
The prisoner said he would admit"takn,g the handker-
chief. He was in great distress and could obtain nd work.
An officer of the Tower Hamlets' Militia, who was pre-
sent, hero arose and said, " I recognise the prisoner as a
deserter from the. Tower Hamlets' Militia."
Prisoner (smiling)—l admit that I deserted.
Alderman Cubitt—You must go to , prison for three
months.
MARKET Rolll3EurEs—A PURE
Jamoux, a wretched-looking being, was charged with steal-
ing a leg of mutton from a cart -standing near Leadenhall
market, and throwing it_ into the cart of another person.
The primmer maid that ho had committed two faults that day,
and this made a third. It was done by pure mistake.
(Laughter) He had no felonious intention. The owner
of the Meat said the leg of mutton was worth Bs., and the
prisoner had no rigi,t to touch it. It was then mentioned
that' the butchers visiting
Leadenhall-market were at great
The losses by this kind of depredab.
;fl, to
..7" watch market thieves.
expense -in employing detect;
:was something awful
to calculate. On some occasions whole .eareascs were re-
moved in open day in a most daring manner.
The prisoner loudly protested his innocence,
but the
Alderman sent him to prison for two months.