The Sun.
London, England, 1850-03-26 00:00:00

IN RE THE REV. CHARLES WETHERELL.

Mr. Cooke appeared on behalf of the Bishop of
Peterborough, and Mr. Pritchard to show cause
against a rule obtained by the insolvent for the annul-
ling of the vesting order and the payment to him of a
surplus of some 1001. remaining after discharging all
the debts.

The vesting order was made about four years ago,
on a creditor's petition, and the Bishop of Peter-
borough, the insolvent's diocesan, was ordered to pay
the funds arising from a sequestration of the insol-
vent's living into this court, and from that fund the
creditors who have proved have received their claims
in full.

Mr. COOKE objected to the surplus fund being
handed to the insolvent, against whose estate there
were seven sequestrations now in the hands of the
Bishop, who stood in the position of a sheriff, who
after paying one execution creditor was bound to ap-
ply any remaining funds to the next execution cre-
ditor in order. With respect to the annulling of the
♦esting order, that would probably cause great incon-
venience to the Bishop, who, if called upon to plead
the order of this court in the disposal of the funds,
would be unable to prove it if the proceedings were
avoided.

Mr. ncuoLs, in support of the rule, contended
that the insolvent having discharged his debts in this
court had a right to the remaining funds, and also to
have his estate re-vested in himself.

Mr. Commissioner LAW considered the Bishop ex-
actly as a sheriff, who, having over paid one execu-
tion creditor, was entitled to a return of the surplus,
to be applied in liquidation of the next execution
creditor's claim. With regard to annulling the vest-
ing order, such an act might cause great difficulties,
as a purchaser of property under a vesting order sub-
sequently avoided might find himself possessed of a
doubtful title. At the same time, however, an insol-
vent having paid his debts in this court was entitled
to receive back his interests in his remaining estate,
and that could be done in this case by the provisional
assignee re• assigning to the insolvent the remaining
property, which would leave the vesting order still in
existence, and yet restore the insolvent to his original
rights.
The matter was ordered to stand over for an affi-
davit from the insolvent that all his creditors at the
period of the vesting order had been satisfied.

POLICE INTELLIGENCE.
BOW-STREET.

CHARGE OF MURDER.—A few minutes before the
Magistrate left the bench an elderly man named
Alexander Moir, described as a baker, carrying on
business at 25, Brydges-street, Strand, was placed at
the bar, charged with causing the death of his wife
Elizabeth, by violently assaulting her.
Mrs. Amelia Mendes, a married woman, stated that
she and her husband occupied the first floor in the
prisoner's house, the prisoner's sleecing-room being
the shop on the ground floor. On Saturday last, be-
tween three and four o'clock in the afternoon, she was
on the stairs, when her servant girl called her atten-
tion to a noise in the prisoner's room, which caused
her to stand close to the parlour door, when she
heard his wife, whose voice she well knew, exclaim
several times, " Oh, you will kill me; you are sure
to kill me." To which the prisoner replied, " I will
murder you before I have done with you." Witness
did not hear the sound cf any blows, but there was a
dreadful screaming, followed by an exclamation from
a boy, the son of the prisoner, " Oh, father, don't kill
mother." On Sunday morning she saw her again in
the shop, and-since heard that she was dead.
Alexander George Moir, an intelligent boy, aged
thirteen years, was next called, and being sworn,
said the prisoner is my father. I was not at home on
Saturday afternoon, being sent on a message to
Camden-town. On my return, at six o'clock, I
found my mother lying on her bed apparently in an
insensible state. I spoke to her, but she made me
no answer, and did not in any way recognise me.
When my father came to the bedside, I asked him
what was the matter with my mother ? And he re-
plied that she had fallen down in the shop. I noticed
that she was much cut about the:head, her left eye
being cut, and a 'great deal of blood flowing. Her
ear was also much bruised, as if from severe blows ;
and she remained totally insensible, and never spoke,
from the time I first saw her, until she died on Mon-
day morning.
In answer to the Magistrate, the witness said that
it must have been his younger brother that cried out,
" Oh, father, do not kill mother," as stated by the
other witness.

Elizabeth Fagan stated that she was a charwoman,
and that on Saturday last she was employed in that
capacity, from nine o'clock in the morning till five
o'clock in the afternoon. Between four and five
o'clock she heard a screaming, and from the back
kitchen saw the prisoner strike his wife a blow on
the head with his hand. Witness went into the room
and found that the prisoner had gone into the shop,
and his wife apparently had dozed off into a sleep ;
upon which witness went home. On Sunday morn-
ing she again went to the house, and found the de-
ceased in bed, leeches being applied to her head.
Witness examined her person, and found her very
mach bruised. There was a cut on her left eye,
several bruises upon her hips and the lower part of her
body, apparently caused by violent blows. The pri-
soner came into the room, but the deceased never
spoke, although he addressed her. Witness drew his
attention to the condition of the deceased's person, and
his reply was that she must have fallen down in a fit.
The deceased was attended by Mr. \Watkins, a medical
gen•leman, but remained insensible, from the begin-
ning until her death, which took place at eleven
o'clock on Monday morning.
Inspector Dodd, F division, informed the Court
that the medical attendant was not sent for until a
short time before the woman died; and when the pri•
Boner was told the nature of the charge at the station
he made no reply.
The prisoner said he had no questions to ask, and
applied to be admitted to bail.
Mr. HALL said that the evidence was so strong,
upon a charge of a very serious nature, he should de-
cline to accept of any bail.
Mr. Mendes, husband of the first witness, came for-
ward and expressed a hope that the application for
bail would be refused, as he could prove on a future
day that on Saturday week last the deceased was so
injured she was obliged to wear spectacles in the shop
to conceal her eyes, which had been bath blackened
evidently from a severe assault.
The prisoner was remanded till Thursday.
MARYLEBONE.
Yesterday, Thomas Williams Bontern, who said that
he was until the last few weeks a clerk in the service
of Messrs. Pickford and Co., carriers, was charged
before Mr. Broughton with the following outrageous
conduct :

It appeared from the evidence that at two o'clock
on Saturday afternoon the prisoner, who was very
drunk, created a great disturbance at Johnson's
coffee-house, Hampton-terrace, Hampstead. road. A
young man, named Gibbs, assisted the proprietor in
putting the prisoner out, when he (the prisoner) gave
him a violent blow and tripped him up. Prisoner
then got away, and in about an hour afterwards be
interrupted the son of Mr. Ascott, an eating-house-
keeper, in the same neighbourhood, as he was quietly
going along an adjacent street with a dinner, which
had been ordered by a gentleman. The son returned
home crying, and he had not been in doors many mi-
nutes when Mr. Ascott, upon seeing the prisoner
pass the window, went out, and asked him why he
had interfered with his son, upon which he struck
him with great fbrce in the eye. He was then given
into the custody of police-constable 370 S, whom he
knocked down three or four times on the way to the
station-house. He also attempted to bite him.
For the assault ur,on Gibbs he was fined 10s., and
in each of the other cases 205., making 21. 10s. ; in
default of payment the term of imprisonment for all
three offeLoes would be no less than ten weeks.
TV E TOIASTE I?.
LAMENTABLE C.SE.—lllartha Wright, an