The Sun.
London, England, 1844-04-06 00:00:00

THE SUN, LONDON, SATURDAY EVENING, APRIL 6, 16;44,

ASSIZE INTELLIGENCE..

MIDLAND ClRCUlT—_TVarwick, April 4.

CROWN COURT.—(Before Mr. Baron G:uaNey.)
After a case of administering noxious drugs with in
tent-to procure abortion, which, as it was stopped by the
Court, it is perhaps more just, and otherwise better, not
more particularly to mention,
George Gardner pleaded guilty (an understanding
having been come to between the Learned Counsel, Mr.
Miller, Mr. Hayes, and Mr. Mellor) to an indictment
charging him with a misdemeanour, in having, on the
10th of February last, at the parish of St. Mary, in the
borough of Warwick, unlawfully 'taken one Jane Page
out of the custody and care, and against the will, of
one Catherine Kimberley, the person having the lawful
care and charge of her, the said Jane Page then being
an unmarried girl, and under the age of sixteen years,
that was to say of the age of thirteen years.
It appeared that the young lady was entitled to some
property, it was said about 400 L year, and she was at
school at Miss Kimberley's at Warwick. The defendant
was also in very good circumstances, had been on terms
of acquaintance with Mr. and Mrs. Page, and had been
accustomed, with the full permission of Miss Kimberley,
probably sanctioned by Mr. and Mrs. Page, or one of
them, from time to time, to take the young lady out with
him. On the 10th of February last, he took her out as
usual for a walk ; she did not return to Miss Kimber-
ley's, but the defendant took her away to a distant part
of the country, somewhere in Wales, as it was said.
Mr. Page did not wish to press the prosecution, as,
whatever might have been his apprehensions at first, he
was now satisfied that the defendant had respected her
virtue. Indeed, it seemed now unquestioned, that ex-
cept as above stated, no sort of freedom had been taken
with the young lady, and probably none was ever in-
tended. Whether or not it had been in contemplation
to detain her until she became of proper age for mar-
riage, or otherwise to possess himself of her and her
property at a future day, did not at all clearly appear.
There was a suggestion of other and very distinct mo-
tives altogether heard of and talked about, but nothing
of the kind transpired in Court, and it was of a nature
to make mention of it, under these circumstances, very
improper.
Mr. Baron GURNEY acquiesced in the proposition
agreed upon and submitted by the counsel on both sides,
but said that it was an offence of a very aggravated de-
scription, invading the peace of families; and that but for
that fact which had been stated by the learned counsel,
and which there was every reason for believing to be
true, that he had respected the young woman's virtue, he
should have felt it his duty to have inflicted a very
severe punishment.
The defendant was then discharged on entering into
his own recognizance in 5001. to come up and receive
judgment when called upon, upon the understanding
that he would not be so called upon if he in no way
further molested the prosecutor, Mr. Page, or any of his
family.
James Gleaves, the lad who was yesterday convicted
of the manslaughter of his brother, at Birmingham, by
stabbing him in the stomach in a quarrel, was then called
up to receive sentence.
His Leanne'', said, that it was a melancholy instance
of the sad effects of giving way to an ungovernable tem-
per; he had killed his own brother, an the mode in
which he had committed this lamentable crime bordered
very nearly upon murder. The sentence was that he be
transported fur ten years.
Some other sentences were passed, and there then re-
maining only one other case, which had just before been
called on before Mr. Sergeant Clarke, in the Grand
Jury-room, his Lordship rose at half-past one o'clock,
and shortly afterwards quitted the town.
GRAND JURY-ROOM.---(Before Mr. Sergeant
CLARKE.)
Henry Greenway, aged 21, was indicted for having
stolen, on the 6th of February last, at Wellesbourne,
Hastings, in the dwelling-house of John Compton, four
51. notes, 10 sovereigns, 20 half-sovereigns, 100 shillings,
100 sixpences, and 500 pennies, and a desk, the property
of the said John Compton, and then burglariously broken
out of the said dwelling-house.
Mr. Spooner conducted the prosecution ; Mr. Flood
appeared for the prisoner.
John Compton, the prosecutor, kept a public-honae at
Wellesbourne. On the evening of the 7th of February
several persons were drinking there. Some were in the
tap-room, and others in the kitchen. The prisoner was
one of those in the kitchen, where were also one Alex-
ander, a man named Sabin, and his, mother, and the
witnesses Parrott and Allibone. From almost all parts
of the kitchen persons there could see all over the bar,
the upper part of the division of which consisted of glass.
In the course of the day in question, he put the four 51.
notes, and about 20L in gold and silver, into a teacup in
the bar, and subsequently transferred it to his desk,
which was within the bar. He went to bed at about half-
past 10, when there was nobody in the house that he
knew of besides himself and his servant-girl, Ann Cot-
ton, and he left the door fastened by two bolts, and an
iron bar across. In the kitchen there was a settle
or high-backed seat, and a screen behind it, before
which there stood also a huge coal-box, and behind
this screen any person might have la'n concealed. In the
morning he was aroused by Ann Cotton, who gave him
information that something had happened, and she got
up about seven o'clock, and found the house door open,
and his desk removed from its place and broken open,
as it might have been with the coal-hammer„ which
stood in the kitchen, and all his money gone. He gave
information to the constable, and about three hours. after
he got up it occurred to him to look behind thejs:ereeba;
and sawdust being about the place, there appeaNert,o:,
mark of a man having been lying there. The
no marks as of a breaking in upon the outer dooV,':
Richard Allibone deposed that he had met tajeirrie:
sprier that very Tuesday in the Warwick-road, teiyards'
from the prosecutor's house, when the prisoner tiald him
that he had " see'd Mr. Compton put some more' in a
teacup, and he'd have it out or be transported," when
witness said that " he'd better not, as it was a house
where they could always have a quart of ale, whether
they had money or not," and he replied, "he di,d'nt
mind that." Was one of the guests drinking ,in the,
kitchen on Tuesday night, and heard a noise beh44 the`
screen, and got upon the settle and saw the priscilerk-,1
hind the screen, who shook his fist at him, as bi,d.Csit
him not to betray him.
Cross-examined—Had been in prison as a poacher,
had been so 15 times, always for poaching; the last time
was about three months ago. On the 7th of February
he had been out of gaol about a fortnight. The first
time he was in was a good bit ago, and he had been a
poacher ever since. Had never been tried for felony.
Josoph Parrott—Was in the kitchen of the public-
house drinking on the night in question. Saw the pri-
soner there, and did not see him leave. On the Bth
took a pint of ale to the prisoner in the lock-up, and told
him that his brother had sent it to him. The prisoner
said that he shouldn't see him again until the assizes,
and then not again for 15 years. He should see what
he had never seen—he should see a new country. He
should get 15 years.
Cross-examined—The prisoner could at the time of
this conversation see that Sarah Christian, the wife of
the police-officer, was within hearing. Had lived at
Wellesbourne all his life. Had been convicted and fined
once for poaching, but never in trouble for anything else.
never tell
tdh, aboved
be d—d if they ever got the money,
Sarah Christian—Was the wile of Edward Christian,
conversation,th e police-officer.andfor r
he' sd
edth that thheavpirnigson heeardai
any one where it was. On which Parrott said that he
further,pepos
might as well toll him where it was, that he might go
and get it, and have some of it.
Ann Cotton, the servant girl deposed to having seen
prisoner on the Tuesday evening skulking about behind
the screen, and to having seen all the other guests finally
leave the house, and not seen him do so. Still she could
not say he did not go when she hadn't happened to be
looking. But at all events he did not go with the others.
When she came down in the morning she found the
bolts drawn, and the bar that went across the door
standing up by the side of it, so that any person might
have gone in or out.
Edward Christian, the police-officer, apprehended the
prisoner on the Wednesday morning, the 7th of Fe-
bruary. Told him that he took him up on a charge of
robbing Mr. Compton's house. He said that he knew
nothing about it—he had no money nor victuals for a
long time but what his brother had given him.
Richard Payne--The prisoner and his brother lodged
at his house. The prisoner was not in on the night in
question when they all went to bed. After he had been
asleep was awakened by a noise. Could not say at all
what o'clock it was, but the moon was shining. The
prisoner came down in the morning about half-past
seven, and paid witness's wife eighteen-pence, and then
a shilling. The prisoner had, however, been working
for Mr. Parker for two days the week before. He had
never before paid any money to his wife.
Mr. FLOOD addressed the jury for the prisoner, telling
them to put out of their consideration all that the wit-
nesses Allibone and Parrott had said, as not being en-
titled to the slightest credit for one moment, those two
hardy offenders having very probably been themselves
the thieves.
Mr. Sergeant CLARKE having briefly summed up the
case,
The jury, after a deliberation of about three quarters
of an hour upon this evidence, returned a verdict of
Guilty, with the justice of which verdict the Learned
Commissioner expressed himself perfectly satisfied, and
therefore sentenced the prisoner to be transported for
ten years.
Thus terminated the Crown business of these assizes,
shortly before five o'clock.
CIVIL SlDE.—(Before Lord Chief Justice TINDAL
and a Special Jury.)

THE RIGHT HON. THE EARL OF HARBOROUGII V. KENDALL.
This was the last cause, and stood appointed for nine
o'clock this morning. It Was an action of debt to re-
cover a small toll, but really to try the right of the
noble plaintiff to a toll-traverse claimed by him in the
High-street of Market-Harborough, lying on the high
road from Leicester to London. It had been tried at a
former assizes for the county of Leicester, before Mr.
Baron Gurney, and now came down for a new trial.
Mr. Hill, Queen's Counsel, Mr. Whitehurst, and. Mr.
' Waddington, appeared for the plaintiff ; Mr. Humfrey
and Mr. Mellor conducted the defendant's case.
This was an action to try the right to a toll through
the town of Market Harborough, situate in the manor of
Great Bowden. The declaration set up a toll-traverse.
The existence of such a toll was denied, and an exemp-
tion was also claimed by the defendant as one of the in-
habitants of Great Bowden. A toll-traverse was where
the way was over a man's soil, and might of course '
exist without any duty being to be performed by the
owner of it. A toll-thorough was a toll for going
over a common highway, and no person could effectually
set up this without there having been a consider°,
tion for it at some ancient period. In olden times
the Crown had exercised the right of making such
grants in consideration of doing something—as for in-
, stance, as suggested in this case, the keeping of a bridge
in repair, or the like. Now, the first question here was,
whether there had been a toll-traverse, or only a toll-
thorough, for "it was impossible," said the Learned

Judge, "to look at the inquisition put in_of the year
1252, and the reign of Henry 111., and doubt that the
Crown then had possession, and that there then was a
toll. No doubt there was at that time, but then the ,
case for the defendant was, first, that it was a toll- 1
thorough only, which had been lost by the non-con-
tinuance of the performance of the duty in respect of I
which it was granted." The inquisition referred to was
under a writ directed to the sheriff to find out who it
was that had not paid the tolls, and to collect," &c.
There was a return thereto of eight marks, or there-
abouts, for Harborough, and of seven marks for Great
Bowden. This was a writ for a collection in the King's
towns and boroughs in Warwickshire of tolls to raise a
portion to marry the King's daughter. A pipe-roll of
1177 also recognised the existence of a toll. In 1688
the owners, through whom the plaintiff claimed, performed
certain services for the town out of the proceeds of
these tolls, which were no longer performed. A bridge,
too, was kept in repair by the predecessors of the plain-
tiff, but now, long ago, a new bridge had been built,
which had ever since been repaired by other parties. In
1670 the steward of the manor, who was a lawyer, in a
solemn document called it a toll-thorough. In 1728 a bill
was filed by the predecessor of the plaintiff, which prayed
that it might be declared a toll-thorough. In 1755
a case was submitted to counsel (Mr. Sergeant Hill),
wherein were these words—" Nota bene—The lords of
the manor do not repair any of the bridges," &c. so that
this would seem to have been felt to be the weak point
at that time. In 1785 the purchase by the ancestor of
the plaintiff from Mr. Bliss, a surviving trustee, took
place, and it had ever since been in the family of Lord
Harborough.
A host of witnesses were called for the defendant,
who proved about the repairing of the bridge, &c., by
the lords of the manor at one time, and nothing of the
kind having been done by them of late years; and that
for the last sixty years there had been a very general
refusal to pay the toll on the part of persons not claiming
any particular exemption, on the ground that no such
claim existed as was set up. Evidence was also given of
exemption at all times of the inhabitants of Great Bow-
den, and that the defendant was one of them.
The LORD CHIEF JUSTICE left it to the jury to say—
first, whether it was a toll-traverse as the plaintiff said,
or as the defendant said, a perfectly good toll-thorough
at one time, but lost by the not continuing to perform
the duty in respect of which it was granted. His Lord-
ship desired that they would first consider that question.
They did so, and almost instantly said, " We find that
there was no toll-traverse, and our verdict is therefore
entered for the defendant."
Such finding was of course decisive of the cause with-
out going into the consideration of the other question of
the defendant's exemption.
This case concluded the business of these assizes and
of this circuit; and his Lordship rose a few minutes be-
fore seven o'clock, and shortly afterwards left the town,
which presently assumed its wonted stillness.

WESTERN ClRCUlT—Taunton, April 4.
(Before Mr. Justice WIGHT:max.)
George Palmer and Henry Buck were indicted for
stealing two horses and an ass, the property of John
Holvey. Mr. Allen prosecuted. The prisoners were
defended by Mr. Hodges.
The prosecutor stated that ihe lived near Bath, and
possessed the two horses and the ass in question some
time in July. He saw them in a field, in which they
were kept, on Tuesday night, and the next morning
they were gone, but after some time one of the horses
and the ass came back again to their old quarters, and
to the guardianship of their old master. The other horse
the thieves had evidently taken too great a fancy to, and
whatever his inclination for return might have been, he
was deprived of the power to do so. After some time, from
something heard by the prosecutor, he went to a cur-
rier's at Frome, and there, minibile dictu ! he found
his steed, or rather the remains of his steed, in a state
of preparation for leather. All that remained of him
was his skin.
When the prosecutor was asked whether his horse had
any marks on him by which he could identify him, the
old gentleinan who was a remarkable-looking person
himself,. replied he thought there were.
Well, name them, said the counsel for the prosecution.
--Why; inr,.ha,had a rat tail.
Well ?..--Two broken knees.
Well ?—He was lame in each shoulder.
•
Anything else ?—Blind in both eyes.
Any other marks ?—Yes, he has a bump in the near

foot.
Try again.—Well,zur, he had a sore on each shoulder,
and %%as lame there.
The tone of melancholy tenderness in which these
" interesting mar is" of the lost animal were described
was inimitable ; and, spite of the place, and the loud
and repeated calls of " order," the Court was convulsed
with laughter, in which even the Learned Judge was
witness ss was
knowingthen
dc
ea l l
v‘e d,
h, 1
cwhh
ios carried
aotne
dt h
ba
yt rtehsep ect -
compelled to join.
ablAe av'n'
op-
probrious term of a " knacker." He deposed to the fact
that he had bought the " os" in question of the pri-
soners. 'Twas a shocking bad un' and, after consider-
able barter and standing out, he had been induced to
venture in the speculation the sum of 55., and 6d. more to
:be spent in. drink.
Both the prisoners were convicted, and sentenced to six
months' imprisonment.
John Welter was indicted for burglariously breaking
Anto tie house of Thomas Lucas, and stealing therefrom
VVIVAIti ,tif vticles enumerated in the indictment ;
tieUVliker, an old man •about 70 years of age,
$
40,ivith receiving same of the property, know-
-OtaN..i4 t!.4n stolen. 1.
..,--AM'E.;',3Pstrosecuted ; Palmer was defended by Mr.
r.4*.irdli'; Ii- , Or was undefended.
Mr. LuCi"ti stated, that on the 7th of November he
was the•last up, and went to bed last, and saw his doors
secure. In the morning, on his descent, he found that
his house had been broken into; inasmuch as the thieves
had fairly torn away the wall so as to get out the iron
bari that defended the windows, and had then forced the
r inclews, and so effected an entrance, and carried 'off
the iiropetty lost. Suspicion fell upon the prisoner
Walter, and others living at Ilchester, and who were
,lenoWn as a gang of thieves. Thither the constables
were sent. Before, however, they reached the street
where the prisoners lived, the alarm was given, and the
property stolen was instantly removed from the various
houses. On turning a corner, one of the constables saw
the prisoner Palmer flinging something into the river.
The spot was searched, and a cheese found there, which
Mr. Lucas identified as one of the articles stolen from
his house. The prisoner had subsequently made a con-
fession before the magistrates.
Both the prisoners were convicted.
A former conviction was then proved against Walter,
and Mr. Moody stated that he had
indictments against him, still two other
upon which, he should
not proceed.
He was sentenced to 14 years' transportation.
The Learned Judge then, addressing Palmer, ex-
pressed his regret that he should have to pass sentence
upon an old man who had nearly run ou
atnd at the periodose
of
human existence—three score and tfn— the
of life stood a criminal at the bar of his country. His
Lordship then sentenced him to eight months' im-
prisoninent.
Joseph Church, a boy 13 years of age. was indicted
for forging a check for 51., with intent to defraud C.
Hopkins.
There were many counts varying the intent, and
others charging the prisoner with having uttered the
check knowing it to have been forged.
Mr. Stock prosecuted. The prisoner was defended by
Mr. Phinn.
On the part of the prosecution it was proved that the
prisoner had brought the check in question to the shop
of an old lady
living at Mortlock, in this county, and
who was an agent for Stuckey's bank. The lad stated
that he came from Mr. Choffey, of Stoke, by whom the
check purported to have been drawn upon Messrs.
Stuckey, of Yeovil. The check was one of Stuckey's
printed checks, but from the look of the writing the
old lady fancied there was something wrong, and, there-
fore, called her niece, rnd sent her with the prisoner
to her brother, who lived hard by, to have his
opinion upon it. On seeing the check he immediately
pronounced it to be a forgery, and that his sister
must not change it. Strange to say, he did not keep
the check" but gave it back to the boy, who immediate;
left the shop and went away as if to leave the place. This,
however, he did not do, but returned instantly to the
shop of the old lady, before her niece had arrived, and
said that her brother had examined the check, and stated
that it was all right, and that she must change it. This
she did, giving the boy a 51. note for it. 'I he boy took
the note and carried it to a shop in the village, and,
saying it was a note he had just received at the shop of
the old lady before referred to, for a check he had car-
ried requested change for it. Change was given,
proved by Mr. Choffey that he did
and
d he
there,e
left.
ltwas
not draw the check, but there was some difficulty occa-
sioned by his admission that there were other " Stokes"
beside the " Stoke" where he lived, though he could not
say if there was any Mr. Choffey living there.
The Learned JUDGE summed up the case, leaving it
to the jury whether it was probable that so young a boy
as the prisoner could have known that the check was
forged. There was no proof or pretence that he forged
it himself. His Lordship intimated that it was much
more probable that he was the dupe of some other
person, though there was the fact of the falsehood which
he told to be taken into consideration.
After a very long consultation the jury acquitted the
prisoner.
CIVIL SlDE.—(Before Mr. Justice CRESSWELL.)
The whole of the civil business was disposed of this
morning. The casos have been of so local and uninte-
resting a character, that it would be idle to report them.

NORFOLK CIRCUIT.—Bury St. Edmund's, April 4.
CROWN COURT.—(Before B. ANDREWS, Esq.)
George Smith, Thomas Bear, and James Cousins, were
indicted for burglariously. entering the house of Jacob
Hicks, and stealing therein a variety of property. The
indictment also charged that this offence was accom-
panied by violence to the person of the prosecutor.
Mr. Mills appeared for the prosecution; Mr. Prender-
gast and Mr. Power defended the prisoners.
The prosecutor, who is very deaf, and by no means a
bright specimen of the genus " farmer," deposed to hav-
ing retired to bed on the night at ten o'clock, when he
and his wife barred up all the doors and windows. At
twelve o'clock the " deaf-un" was roused from his
slumbers by his more watchful spouse, with the alarm-
ing intelligence that there were thieves in the kitchen,
.for she could hear them talking. Ere the bewildered
man could rouse his senses to the necessities of the mo-
ment, the bed-room door was opened, and in stalked
four men, one of whom had a bludgeon, while another
held a horn-lantern. The parties being thus placed " in
presence," the maurauders went through the usual
course on such occasions, by demanding money in the
first instance, and by enforcing it in the next by a good-
ish tap on the prosecutor's head, the effect of which was,
that all the ready cash in the house was surrendered at
discretion, and the burglars marched off with some

wearing apparel, and other things mentioned in the in-
dictment.
The prosecutor now swore to the persons of the three
moo, in spite of a very severe cross-examination from
both their Learned Counsel; and _

The Learned JUDGE having summed up the facts to
the jury, they, after ten minutes' consultation, found
them all Guilty, and they were transported for fifteen
years.
Wm. Pauli Wm. Bull, and Thowas Harrold, were
charged with a highway robbery, accompanied by vio-
lence, on the person of Jeremiah Head, on the night of
the Ist of November last.
Mr. Dasent conducted the case for the prosecution;
and Mr. Prendergast defended Bull and Harrold, the
other prisoner being without counsel.
The prosecutor is a young labourer, living at Saxhorn,
and would appear to have been enjoying himself in this
town, on the last night of the once famous "Bury fair,"
for he was at the Castle inn at eleven o'clock of that
night, together with the prisoners and many others, all
strangers to him. The festivities of the scene were in-
terrupted at that hour by one Howlett, a constable, who
cleared the house, at the request of the landlord. From
the Castle the prosecutor repaired to the Bull. and
having refreshed himself there, started at twelve o'clock
to go home. Me had scarcely got many yards from the
door, when he was set upon, as he said, by all the pri-
soners. Pearl seized him by the collar, and dealt him a
severe blow on his left eye, while the others proceeded
to rifle his pockets, which they emptied of a comb, a
knife, and two pocket-handkerchiefs, articles which,
together with 2id., constituted the whole of his worldly
goods. • This done, he swore that Harrold said, " Now
I'll go and fetch the police," and ran off in one direction,
white the prosecutor went on a similar errand in another.
In about half an hour, he fell in with Howlett again,
and, on having told his tale, they went in search of the
robbers. On the Angel- hill they saw Pearl with two
other men, who ran away, but Pearl they captured and
took to the station-house, where they' searched him, and
found a comb and a handkerchief, which the prosecutor
at once identified as part of his lost property. The two
other men were taken into custody on the following day,
and the prosecutor now swore to them all as being the
three men who had robbed him.
The jury, however, acquitted Bull and Harrold, who
had received excellent characters from many respectable
inhabitants of the town, while they found Pearl guilty.
There being a previous conviction for felony against
this worthy, he was sentenced to be transported for ten
years.

CHESTER ASSIZES, APRIL 4.
Before Mr. Justice WILLIAMS and a Special Jury.)

WORTHINGTON V. GRIMSDITCH, M.P.
Mr. Jervis and Mr. Welsby appeared for the plaintiff,
Mr. Evans and Mr. Vaughan Williams for the defendant.
Mr. WELSBY opened the pleadings. This was an
action of debt, to mover the sum of 1,2081., due by the
defendant to the plaintiff, who sued as administrator of
two ladies deceased, named Dunealf. The defendant had

pleaded—first, that he never owed any money ; second,
that he had paid the money to one of the ladies deceased;
third, that he had paid it to the other ' • and fourth, that
more than six year s having elapsed, he was freed from
the debt by the statute of limitations. Upon these pleas
issue was joined.
Mr. JEavis said the plaintiff, as the jury had heard,
was the administrator of two ladies deceased, and who in
their lifetime had resided near Macclesfield, in the
county of Chester. The defendant was a solicitor in that
town, of considerable eminence in his profession, and
further known as the representative in Parliament of the
place in which he so practised. In his capacity of at-
torney he had been the confidential adviser of the two
Miss Duncalfs, and from the year 1810 up to the time
of their death he had been employed by them. In early
life Mr. Grimsditch had not been in the position as to
money matters that he had since occupied, for it
would appear by the evidence which he should submit
to the jury, that he had repeatedly borrowed money
from the two ladies, and was, in fact, up to their death,
considerably indebted to them. Confidence had gradu-
ally ripened into intimacy, and at length it would ap-
pear, as the ladies grew older, into a claim of relation-
ship, for in the letters which would be laid before the
Court, it would be seen that of late years the defendant
addressed the ladies as "Dear Cousin." Among his
other professional pursuits, the defendant was manager
and law agent to the Adlington estate. On that estate
the Miss Duncalfs lived, and had for years rented a
farm. Mr. Grimsditch, having become indebted to
them in the -sum of 1,8734, for which, up to the
year 1824, he paid them interest, amounting to
931. 13s. per annum, appeared from that time to have
paid the annual rent which amounted to nearly that
sum, instead of paying them interest, and receiving their
amount of rent ; in fact, from the year 1824 to 1842,
when the last of the Miss Duncalfs died, he had paid
no interest, but in lieu thereof, had paid rents for them,
amounting to 1,1601. or thereabouts. Upon the death of
Miss Duncalf in that year, it was found that she had
made a ,will, appointing executors, and bequeathing all
her property to her next of kin. The executor refused
to act, further than to seal up all the papers
and documents in her house, and a struggle
took place in the Ecclesiastical Courts of Chester
and York, for the administration of the effects
of the deceased. Among the rest, Mr. Grimsditch
entered a caveat, and appeared very anxious to get ad-
ministration confided to him. He tried very much to
obtain an injunction of the papers of the Miss Duncalfs,
and evinced great anxiety to search the family Bible,
and other documents. Ultimately administration was
granted to the present plaintiff ; and upon searching
the papers of the deceased ladies, which had until that
time been sealed up, there were found bonds of the de-
fendant's amounting to 7201.; and also statements of
accounts which showed that from the year 1824 the de-
fendant had been indebted to the two ladies in
the sum named before, namely, 1,8731. These state-
ments were all in the hand -writing of the defendant
himself ; and upon the administrator applying to him
for information, the answer given was, that he did not
owe one farthing. The plaintiff was, therefore, com-
pelled to bring an action for the recovery of the money
appearing to be due, and at the last assizes for.the
county of Chester, an action was tried, in which a ver-
dict was given for the plaintiff for the bond debt. Upon
that trial, by the form of the pleadings, the plaintiff
could not recover for the money not lent on bond ; and
although the defence to that action was just the same as
to the present, and the question then decided was in
truth the same question which the jury now bad to de-
cide, yet a second time the plaintiff had to bring his
action for the part still remaining due. Upon the
former trial Mr. Baron Gurney, who then presided, ex-
pressed himself strongly as to the defence attempted
and he, Mr. Jervis, was greatly deceived if the same
feeling did not now pervade the breast of every person
who heard this trial. The defendant, in answer to .his
own written acknowledgments of debt, had pleaded that
he never had owed any money to the Misses Duncalf ;
next he had pleaded payment, a safe plea, for the parties
to whom he alleged payment, being dead, could not re-
fute it ; lastly, he had pleaded the statute of limitations.
What did the jury think of such plea, by an attorney,
in answer to the demands of the representatives of his
client? And what would they think of such pleas, when
they did, as they certainly would, most signally fail?
No doubt if the defendant had searched the family Bible
—had himself found the documents among the papers of
the deceased, and had obtained administration of their
effects, he would at once have paid the money to the next
of kin. But why should he refuse to do so now ? Why
did he bring the administrator twice into Court for one
debt, although of two natures as to securities ? Mr.
Jervis concluded with some severe strictures on the con-
duct of the defendant.
The statements of account, in the hand-writing of de-
fendant, showing the results stated by Mr. Jervis, and
the payment of rent by the defendant up to 1842, were
put in and proved.
Mr. Everzs addressed the jury for the defendant,
justifying the plea, but called no witnesses.
Mr. Justice WILLIAMS left it to the jury, whether the
payment of rent was not in lieu of interest, and whether
the principal sum claimed and proved, was not thereby
taken out of the statute of limitations.
The jury found for the plaintiff for the full amount.
- -

LOVE ON.
BY ELIZA COOK.

" Love not, love not, ye hapless sons of earth."
MRS. NORTON.

Love on, love on, the soul must have a shrine,
The rudest breast must find some hallow'd spot ;
The God who form'd us left no spark divine,
In him who dwells on earth, yet loveth not.
-Devotion's links compose a sacred chain
Of holy brightness and unmeasured length ;
The world with selfish rust and reckless stain,
May mar its beauty, but not touch its strength.
Love on, love on,—aye, even though the heart
We fondly build on proveth like the sand,
Though one by one Faith's corner-stones depart,
And even Hope's last pillar fails to stand.
Though we may
.dread the lips we once believed,
And know their falsehood shadows all our days,
Who would not rather trust and be deceived,
Than own the mean, cold spirit that betrays ?
Love on, love on, though we may live to see
The dear face whiter than its circling shroud,
Though dark and dense the gloom of death may be,
Affection's glory yet shall pierce the cloud.
The truest spell that Heaven can give to lure,
The sweetest prospect mercy can bestow,
Is the blest thought that bids the soul be sure,
'Twill meet above the things it loved below.
Love on, love on, Creation breathes the words,
Their mystic music ever dwells around ;
The strain is echo'd by unnumber'd chords,
And gentlest bosoms yield the fullest sound.
As flowers keep springing, though their dazzling bloom
Is oft put forth for worms to feed upon ;
So hearts, though wrung by traitors and the tomb,
Shall still be precious and shall still love on.
—New Monthly.

LOVE'S ENTERTAINMENTS.—Mr. Love, the cele-
brated polyphonist, will gratify the Easter holiday
makers by resuming his entertainments which have
gained him so wide a reputation. He returns with a
store of novelty added to his former stock of amuse-
ment, and as he is decidedly the best ventriloquist of the
day, in addition to possessing a power of hitting. off
peculiarities of character surpassed only by Mathews,
the visitors to the Crown and Anchor, during the conti-
nuancem of his " evenings," may be expected to be very
numerous.
DEPARTURE OF Trin ACADIA.—The Royal mail
steam-ship Acadia, Capt. Eyrie, sailed from Liverpool
on Thursday morning, taking about too passengers ; she
had also a very heavy mail, which was under the charge
, of Lieut. Roberts, R.N.