The Sun.
London, England, 1859-03-30 00:00:00

MOSS V. MOSS.-MOTION.

This was a motion for the appointment of a receiver in
the administration suit of the estate of the late John Moss,
of Herriot, Worcester, and Gloucester.

Mr. Greene, Q.C., read several affidavits in support of the
motion.

Mr. Malins, Q.C., objected on the ground that the estate
was properly administered by the trustees under the will,
and that there was no danger of the estate perishing from
want of proper administration. There were upwards of
30 children and grandchildren of the testator, besides
devisees and legatees to be provided for.
Mr. G. Longuille Giffard followed on the same side with
Mr. Greene, Q.C., in support of the motion. The learned
counsel submitted that it was quite clear, from the conten-
tions of the trustees, who have filed separate bills in the
Court of Chancery, and asked a transference of these bills
into this court, that they could not act ; besides incompe-
tency, and bankruptcy or insolvency of one of the trustees.

Mr. Mains, Q.C., said this motion did not meet the appro-
bation of the legatees. The appointment of a receiver was
expensive and unnecssary. The suit is one of the most
simple of the kind, the construction of the testator's will as
to the time of the sale of his estate, and distribution of the
prices amongst his children and grandchildren. Mr.
Hawkins, one of the trustees, has received the rents
since 1853, and the property will be sold in about half-a-
year. There was no danger of the property perishing, and
there was no necessity for the appointment of a receiver.
Mr. B. Rogers followed on the same side.

His Honour appointed the plaintiff, Mr. Moss, to receive
the rents of the property as heretofore, and distribute them
among the parties, beneficially interested therein, until the
further orders of the court, with liberty to apply.

POLICE IN2'ELLIGE NCE.-(T.HIS DAY.

MARLBOROUGH-STREET.

CRUELTY TO A STEP-CHILD.—Jane Axworthy was
charged with a violent assault on a little girl, her step-
daughter, as follows :

Charlotte Ann Axworthy, an intelligent little girl of 10
years of age, said she resided at 33, Broad •street, Golden-
square, and that the prisoner was her stepmother. On
Saturday night she was lying in bed, having previously
been down to open the door for the prisoner, who had been
drinking, when the prisoner seized a nailed boot which was
lying on the floor, and gave her a violent blow on the eye
with it, and causing very great pain. (The child's eye,
although the blow was given on Saturday last, was stil
black, and showed clearly the force with which the blow
must have been given, the mark of the boot being plainly
visible).

In answsr to Mr. Beadon, the poor little child said she
had often been struck, when her mother had been drinking,
with anything she could lay hold of.
Shaughnessy and Shillingford, two of the warrant
officers of the court, both stated that they had cautioned
the prisoner as to her conduct to the child.
Prisoner said she was very sorry, and it should not take
place again.
Mr. Beadon said she had said the same thing when c au-
tioned, but had now taken up a boot and struck a little
child when in one of her drunken fits. It was a most cruel
thing, and if she did it again he should send her for six
months. As it was, he should commit her for a month.