The Sun.
London, England, 1868-03-17 00:00:00

LAW AND POLICE.

THE EXPRESSION OF THE WILL 05' THE SHAREHOLDERS. li
—ln the matter of the London Flour Company the Lords
Justices have reversed the decision of Vice-Chancellor 1
Stuart. The point involved is of some importance. At one
of the meetings of the company a resolution was passed for
voluntary winding up, with only one dissentient
creditor. This resolution was confirmed by a meet-
ing held in October 1866. Notwithstanding this, a
canvass was made of the shareholders, and a petition pre-
sented for compulsory winding up. This petition was
granted by Vice-Chancellor Stuart, and the liquidator,
supported by half at least of the shareholders, appealed.
The Lords Justices thought that the expression of opinion
of the shareholders ought to have been made at the meet-
ing ; not having succeeded at the meeting, they ought
never to have presented the petition. It must be dis-
rsissed with costs.
THE WILL OF THE SISTER OF THE LATE JUDGE OF
THE PROBATE COURT.—A case is before Vice-Chancellor
Giffard which raises various questions of construction upon
the will and testamentary papers executed by the late Miss
Cresswell (sister of Sir Cresswell Cresswell). The will,
dated the 6th December, 1859, contained various pecu-
niary legacies, and also a bequest of £l,OOO Consols to be
expended in building a parsonage in connection with the
church of Holy Trinity, Brompton, one question being
whether the consecrated burial-ground of this church, now
closed by Act of Parliament, could be used as a site for
building the parsonage without violating the provisions
of the Burial Acts and those of the Statute of Mortmain.
On the 30th of December, 1865, Miss Cresswell, who was
then on her deathbed, executed. what purported to
be a testamentary instrument contained in two sheets and
a half of note-paper, marked A, B, and C. These papers,
which were referred to in the executing clause as "a true
codicil to my will," contained various legacies to the per-
sons named as legatees in the original will, in some instances
of the same amount. There was also a gift of the residue,
which was wanting in the original will, and a gift of £2OO
"to Brompton Church, to be disposed of as Dr. Irons
wishes," and of £2OO to the Rev. Dr. Irons, whose wife
was one of the attesting witnesses. Miss Cresswell had
not allowed the intervention of a solicitor in the prepara-
tion of her will. The result is this suit. The case is not
yet concluded.
THE MURDER NEAR LUTON.—Of the three men charged
with the Luton murder, and committed for trial on the in-
dictment, the grand jury at the Bedford Assizes ignored
the bill against James Day, and no evidence being offend
against Levi Welch, he was acquitted by the ordinary
jury. William Worsley, however, was found guilty, and
sentenced to be hanged. The murder was committed
about twelve o'clock, and Worsley appears to have de-
prived the deceased of his life while Welch abstracted the
money in his pockets. Welch having been acquitted of
murder, was found guilty of robbery, and sentenced by
Mr. Baron Bramwell to fourteen years' penal servitude.
A SINGULAR CASE.—In the Irish Record Court a sin-
gular case has been tried. A shoemaker, named Howe,
who resides in Mallow, went to Queenstown with his
wife to see off his brother, mother, and three sisters,
who were emigrating to New York, in the City of
Antwerp, one of the Inman steamers, in November
last. He lingered so long on board taking farewell of
his relatives that the tender which should have brought
him ashore went off without him, and he found the
vessel irrevocably under way, and himself and wife in-
voluntary emigrants, with the prospect of a month's
voyage for which he had made no provision. He ap-
pealed in vain, when too late, to the captain and
crew to put him ashore, and was obliged to complete
the voyage, with the additional mortification of being
charged as a " stowaway " by the tars on board,
who, in answer to his appeals, as he alleged,
committed him to very uncomfortable quarters.
After some difficulty at New York he got back, and
on his return found his business, as he stated, considerably
injured, and then brought the action for false imprison-
ment and detention. For the defence evidence was given
that repeated signals were given to warn the persons on
board that the steamer was about to start, but that they
were disregarded by the plaintiff. Baron Deasy, in
charging the jury, said he thought no blame was attribu-
table to the officers of the company. The jury found for
the defendant on all the issues.
Gross OUTRAGE ON A DIRECTOR.—A Mr. John Hill, a
bcoemenmiesshiaornged at
agent,
andle G‘ llussirdhall asAltivpiothrt,
ahsissaucllteirnkg,
lrhavei.
Edward Yelland, the director of the Penryn Granite and
the Provincial Union Assurance Companies. The prose-
cutor having brought an action against Mr. Hill, that gen-
tleman proceeded to his (prosecutor's) offices, and, in com-
pany with his clerk, said they had come "to punch Mr.
Yelland's head." Raving obtained audience, they locked
Mr. Yelland's door, and assaulted him with such severity
that he was now unable to leave his house.—Mr. Alderman
1
Lawrence remanded the prisoner for medical evidence and
the attendance of the prosecutor. He refused bail.