The Sun.
London, England, 1845-04-07 00:00:00

TER SUN) LONDON, MONDAY EVP,NI'N'nr, APRIL 7, lea,

which was planted in their way with six pieces of cannon.
The soldiers of Lucerne, however, showed so little courage, I
that they were soon put to flight. The column W:IS to ice
a,..;ain attacked in the same manner, and twice beat the
enemy back. without cauiing him much loss, it is true, since
he always contrived to keep himself at a respectful distance.
The vanguard of the column has arrived at Zofinguen, but
the main body is still engaged. As to the second column, no
one knows what has become of it ; but it is presumed that it
has retired into the Canton of Berne."
Tho Zurich Gazette of the 2d confirms the intern
gence :
" The Government received yesterday evening from 1,-a-
-cerne the bulletin of the State Gazette, with the following
details. On the 31st ult. the conflict was suspended until
the following day. Yesterday the fight recommenced on the
heights which surround the town. The invaders were re-
pulsed, and left 600 men on the field of battle. Several offi-
cers and soldiers were taken prisoners. The contingents of
Obwalden and Niedwalden (900 strong) displayed great
courage on the bridge of Emme. In the evening troops
arrived from Zug. and took part in the conflict, as did also a
battalion of infantry and two companies of arequebusiers from
Uri. The troops of Lucerne had three killed and several
wounded. Some persons who have arrived from Lucerne infor in
us that the volunteers who had been made prisoners by the
troops of Lucerne have been cruelly treated. A great num-
ber of them were massacred by the soldiers without any at-
tempt being made by the officers to prevent it. The hos-
pitals are filled with wounded. Eight pieces of cannon and
several ammunition waggons were taken from the volun-
teers. Although the free corps had been repulsed on seve-
ral points, they had succeeded in opening the road to Lu-
cerne on the night of the 31st ult., but after the arrival of
the contingents of Uri and Zug, they were attacked and
forced to retreat. It is said that the Councillor Bauman has
been killed, and Dr. Knobel taken or wounded. Colonel
Donatz has arrived here, and assumed the command of the
federal army, part of which will march toward Russaud,
the frontier of Argaud."
The route appears to have been complete. The vo-
lunteers fled in all directions to their respective homes.
On the 4th no further movements had taken place. The
Extraordinary Diet is convoked with the least possible
delay, and was expected to meet on the sth inst.
M. KRUDENER, the Russian Envoy in Switzerland,
addressed on the 27th ult. a note to the President of the
Diet, in similar terms to those of the other foreign
States. His Excellency thus concludes :

hive not brought him into any better or more
fortunate position—(we mean always fur the nation)—
than this. To return, however, to the debate of Friday,
we find two speeches reported that are most remark-
able for their common-place character, and their
utter want of- force and efficiency ; and two, as
much distinguished, on the other hand, by the sound-
ness of their views, the perspicuity of their state-
ments, the neatness of their argument, and the
sagacity of their deductions.
In the former category we must rank the speeches
of the Earl of RIPON and Lord STANLEY ; in
the latter our readers will have already classed those
of the Marquis of LANSDOWNE and Lord ASHBURTON.
The speech of Lord Raross, on proposing the third
reading of the Bill, we cannot help describing as every
way beneath the occasion. The Noble Earl did not
seem to imagine that any extraordinary painstaking
was necessary to vindicate to the Peers the very extra-
ordinary impost which his colleagues had committed
themselves to the course of propounding for a further
term of experimenton the public forbearance or apathy.
His address was accordingly much below even the ordi-
nary run of downright official mediocrity and prosing
common-place. Lord STANLEY'S auxiliary demon-
stration, although relieved by a few touches of that
constitutional vivacity which not even the heavy
artillery of figures can repress, was yet as
feeble and unfortunate as his efforts on
such service are ever sure to be. He established the
case of hardship with regard to those whose com-
plaints he seemed to think were without foundation ;
and he damaged the defences, such as they were,
which his leader, Lord RIPON, had set up for the pro-
priety of the tax and its continuance. The Marquis
of LANSDOWNE completely routed the whole array of
argument which had been brought into the field to
maintain the principle of that tax. Lord ASHBURTON Still
more effectually demolished the positions upon which
the defence of its practical working had been at -
tempted. The result, however, of the evening was,
that the Ministerial movement was accomplished.
The former of these Peers observed, with great
force, that on former occasions this obnoxious scheme
had been advocated on grounds far more intelligible
than any which Sir R. PEEL had yet attempted to
assign. When, at the close of the war of 1815, Lord
LIVERPOOL invoked the Parliament to continue the
then existing property-tax, he did so on the plea that it
was necessary he should have the means of winding
up the expenses of that war to meet the burdens of
which it had been expressly imposed. But the House
of Commons indignantly resisted his appeal, and the
tax was at once extinguished. Two other grounds on
which the tax had now been defended were, that it was
necessary to be raised in order to pay the interest on
the public debt, and to enable Government to keep faith
with the public creditor ; and again, that it was a means
of raising the revenue above all other means of
direct taxation. In exhibiting the fallacy of both
these assumptions, Lord LANSDOWNE showed that Sir
ROBERT PEEL had never bean in a condition to plead
such an exigency as the former inferred; and he dis-
puted very forcibly the soundness of any theory which
turned upon direct taxation in dealing with income. A
more intelligent exposition of sound financial principles
than that comprised in Lord LANSDOWNE'S address it
has not been our fortune to peruse. The mode in which he
played off the solemn protest of the Sir ROBERT PEEL
of 1840, in his penultimate stage of opposition against
the suggestion of an income-tax by the Government
of that, day, to snake good a deficiency of income,
against the equally solemn appeals of the Sir Ro-
RERT PEEL, in the zenith of official power, in 1845,
was capital—it was turning the enemy's guns upon
himself after the most approved tactics of the Premier
himself. But in the speech of Lord ASHBURTON, the
extensive practical knowledge, the acute observa-
tion, and the experienced judgment of one
of the ablest authorities that can be invoked on such
a question, we find not only a clear detail of the
actual operation of the Income-tax on various classes
upon whom it is levied—of its injustice, inequality,
and oppression ; but also the causes of the necessity
which whether truly or falsely, have been relied upon
to justify the resort to it. We are gratified
to find, that Lord ASHBURTON has thus strongly
and distinctly recorded his objections to the
tax in question on grounds both of principle and
of expediency. The most important point established
in his argument appears to be, that in all the thirty
years of peace, since 1815, little or nothing has been
done towards the reduction of the principal of the
debt. This omission he flatly charges as a normal
error in the financial policy of the present Administra-
tion, as well as in that of its predecessors. He shows
that the vaunted financial operations of Chancellors of
the Exchequer have been limited to reducing the
mere rate of interest, not the sum,of our enormous debt,
which he identifies with the main principle of whatever
weakness is occasionally experienced in the working
of our Government and the excessive inconveniences
awl embarrassments to which public and private
credit have been occasionally exposed, without any
apparent adequate cause for such convulsions. In
the event of a war we must have recourse, notwith-
standing our unexampled condition of public prospe-
rity, to borrowing, and that borrowing, from the
neglect of diminishing the capital of the debt, we
could not manage except on terms that would be sig-
nally disadvantageous. There may be little chance
of his Lorship carrying with him a majority of his
countrymen in the favour with which he affects to
regard the institution and operation of a Sinking
Fund ; but we are quite certain that that majority
would concur with us in desiring to see the philo-
sophy of finance, as expounded by Lord LANSDOWNE
exemplified in a practical administration of the na-
tional resources, and a management of the national
liabilities on the bases suggested by Lord ASH..
BURTON.

!' Ft V

E W S.

"You will not mistake the nature and spirit of the obser-
vations which I have the honour to submit to you. They do
not attack the independence of Switzerland; they merely
touch on certain points, the appreciation of which anarchy
and violence alone could contest to the European Powers.
My Government has directed me, Monsieur le President, to
lay expressly before the eyes of the authorities and parties in
Switzerland, the manner in which this affair ought to be
looked at, and particularly to point out the deplorable conse-
quences which must result from it, if better councils, and
more in conformity with legal order and justice, and respond-
ing better to the sentiments which ought to exist between
the Confederal Slates, should not prevail in your country. I
fulfil a painful duty. but in the motives which have imposed
it on me, there is no other intention on the part of my august
Sovereign, the Emperor, than to render Switzerland attentive
to the dangers which she is incurring, end, if it be still pos-
-1 sible, to preserve her from them."

The Peninsular and Mediterranean mails have been
received, but they bring no news of importance. The
dates are Cairo, March 19 ; Gibraltar, 29; and Cadiz,
30 ; Lisbon, April 1. The Viceroy of EGYPT
arrived at Cairo on the 12th from his tour
in Upper Egypt. IBRAIHM PACUA has been dan-
gerously ill, but is now better. The Nile is very low—
much lower than last year at this season—and there
is ground to apprehend that the navigation may be
seriously impeded.
Not a single case of plague has occurred at Alexan-
dria for several months.

Madrid papers of the 29th and 30th ult. have been
received. The Gazette of the latter date publishes an
arrangement with the Bank of San Fernando for the ad-
vance of 180,000,000 reals to be applied to the wants of
the State during April, May, and June, at the rate of
sixty millions per month. The security upon which the
credit is given tor the month of April c3nsists of public
effects, producing at the current price from twelve to
fifteen millions in cash, and twenty millions in deliga-
tions upon quicksilver. The Committee on the esti-
mates had made their report, which was entirely favour-
able to the schemes of the Finance Minister.

On the 29th the Three per Cents. closed at 33 11-16
for cash, and 341 at 60 days ; the Five pers Cents. at 25}
at 60 days ; the Debt without Interest at 8 at 60 days ;
and the Coupons at 284 at 60 days. On the 13th a good
deal of business was transacted at the Puerta del Sol,
the Active selling at 264 at 60 days, and the Three per
Cents. at 35.

The Paris papers are chiefly accupied with the affairs
of Switzerland, which excite much interest. Both
Chambers met on Saturday. The Peers were still occu-
pied in discussing the Colonial . Bill relative to the state
of slavery, but had come to no vote on the question of
emancipation. In the Chamber of Deputies, an addi-
tional Tariff Bill was under consideration. The new
law fur raising the duty on oleaginous seeds
had created great dissastisfaction at At arseilles.
At a general meeting of the oil manufactureri,
it was unanimously resolved that, in consequence of the
ruinous measure lately passed by the Chamber of De-
puties, respecting the import duty on sesame, it was im-
possible to carry on their business ; and that, conse-
quently, their mills should be stopped, their workmen
discharged, and that all the manufacturers without ex-
ception should go immediately up to Paris, and appeal
to the Chamber of Peers against the decision of the
Deputies.
The Bill for arming the fortifications of Paris con-
tinues to meet witb opposition. About seventy officers
of the National Guard have petitioned against it, and
the list is daily increasing. The Ministry, however,
have resolved to check this attempt at insubordina-
tion. On the report of General JAQUEMINOT, the
Commandant of that corps, the officers who signed the
protest against the arming of the fortifications are to
be brought before a Court of Discipline, and they are,
in the meantime, suspended from their functions.
The Pail* gives the following account of a duel,
which took place in the - Bois de Boulogne,
on Wednesday, between the Duke d'U and the
the Duke observed that among
'
arose between std•eC—th—en; in consequence of a dispute which
on the preceding day, at a sporting
dinner. A toast having been given in English by the
-
Frenchmf
.0 S
man, have voted in fa-
Marquisn French
eCe--nch
ought to be spoken. To this the
Me a rq
disagreeable
s replied—``
your of the English Ministry." This was followed by a
violent altercation, which led to the meeting, which was
with sword,. The sword of the Duke passed near the
heart of the Marquis, whose wound, however, though
severe, is not considered to be dangerous. The Duke
was also slightly wounded on the hip, and is for the
moment confined to his bed. The names of the parties,
it n appears, are the Duke D'UZEB and the Marquis
DE CALVIERE. The wound of the latter will, it is exp,,cted,
confine him to his room for some days.
The new s from Switzerland on Saturday had a favour-
able effect on the French Funds.
o you, l'ho
and
E glish language ought not to
should compreher,d it,
for you, who are a PRITCLIARD
bEnglish
THE BOURSE
Fl
APRIL 5.
First lltsh.t Lowest Last

ROLLS COURT.-(THIS DAY.)

The accounts from Switzerland, which are to the 4th
instant, are highly important. We stated on Saturday,
on the authority of the Journal des Debuts, that the vo-
lunteers and the refugees from Lucerne had attacked
that town on the Ist of April, and, after losing from
800 to 1,000 men, had obtained possession of the place.
The intelligence respecting the great loss of life unfor-
tunately turns out to be true, but the assailants failing
in their attacks, were put to flight by the Lucerne troops
under General SONNENBERG, and completely routed
with the loss of their artillery. An official bulletin,
published by the Government of Lucerne, dated the
Ist instant, announces the defeat of the free corps, who
had left more than 600 men on the field of battle before
the gates. A letter from Berne, dated April 2, gives the
following account of this lamentable affair :
" The corps francs have been completely beaten. General
Sonnenberg allowed them to advance till they got close to
Lucerne, the suburbs of which place had been hastily forti-
fied. lle their attacked them with three companies of the
Carabineers of Unterwalden, who at once threw the advanc-
ing columns into confusion, and, after completely putting
them to the rout, it succeeded in capturing the whole of the
artillery, and a large number of horses. The inhabitants of
the country, who had allowed the corps francs to pass
through their districts unmolested, had risen en masse in the
rear of the corps francs. The troops from Argau, which had
started from Zotinguen, but had not advanced so far as the
others, succeeded in effecting a retreat, carrying two cannon
along with them. The number of men killed and wounded
is calculated at a thousand, but this is merely a guess, as the
official accounts are not yet published."

Price. Price. Price. Price.
Fr,nch Five per Cents. •••• 117 70
•••117 75 ..117 6.5 •• 117 65
Bank of TF
loll'u rrreaesn'clee—r .. C..
el
.1. 1 .t. ''
..• ...
....:328:507 •- 107 .. 107 .. 107
75
.. 85 85 .. 85 75 .. 85 80
L0an..3230 ..3230 •..3230
86 50 .• 86 60 .• 86 50 .. 86 55
Guilin Eank I,ooof Shares .. 1090 —lO9O —1095 ..1095
Belgian Bank ............. 645 .. 647 50 .. 645 .. 647 50
liegian Fives, :840.. •• •• l'iN 10314 •• 103!4 •• 1031,4
1842.••••••• 1043 i .. 105 1044, .. 105
Four.and-a-lialf... 1016% 101% 101% .• 10159
..- 41)4 .. 41)4
Two-and-a-11W. •• 62 40 .• 62 40 .• 62 40 .• 02 40
Spanish Active .......„... 4:!R •• 46)4 •• 40!.i .• 40,,
104102
10 .... 102104 ....
104102
Passive
110044121.%‘10 ...•..:4'171 ..
'7'
..
7.'4
7t0enap0ianittan.T..11:r0.e.e..........:::::..........:

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Ci,mmissioner SHEPHERD.)

IN RE WILLIAM BAKER.

RAILWAY SIIA.RES.
St. Germain
Versailles, R.R......., „.. 64,, .. 640 • • 640 • • 640
L. 8•........... 3,47 50 , 397 50 • • 390 .• 390
..1305 ..1282 50 ..1282 50
Strasburg to 8a1e..........
1150 . 1151 25 —ll3B ..1135
Rouen to Havre•
•. 975 -. 970 .• 970
Orleans •
Avignon to Marseilles— .• ••1:25 • •1125 —lll7 50 . 1117• 330
50
Eordeaux to Tests 220 222 50 .. 220 ..
221 25
• •
Paris to Sceaux 6BO .. 680 .. 680 • • 680
336 •
25 .. 336 25 ..
RAILWAYS FOR THE ACCOUNT.
St. Germain •• • • ••1202 50 —1202 50 .• 1902 50 ..1202 50
Versailles, R. 8...... .....
•
ABovr4,ziaouxn toto:%lTaerssteeill.es........
L.B. • •• •• ...... 397 50 .. 397 50 .• 892 50 .• 392 50
1155 ••IV-8 ..1137 50 ..11 750
Rouen to Havre ........... gm ~ 975 •• 970 • • 970
....1212352
50
647 50 .. 647 50 .. 635 .• 635
;307 50 ..1307 50 ..1280 • • 12- 5
Strasburg to Bale .......... 336 2.3 .. 337 50 .. 330 .. 330
111212122 50 •....1212122 50
:11212252 50

Another letter from Arau, written on the evening
of the Ist, furnishes the following particulars :
" All is lost ! A part of the expedition has just returned,
and we have obtained the following details from an eye-
witness, who came in with the first column. The expedition
set out in the night of Sunday. When at three leagues
from Zofinguen they were attacked by a battalion con-
cealed in the forest. The riflemen soon beat them off. They,
continued to advance in good order, but under continual as-
saults, as far as Ettiswyl, where they were joined by a column
that came from Berne. At Russwyl the army divided ; one
column moving on towards the principal bridge over the
Emme, and the other went to the right, and passed the Emme
at Wortheastein. It appears that there was some neglect in
keeping up the communication between !the two corps, and
that hence arose all their disasters. The left column, which
has returned, reached the Emme-bridge about six o clock. It
was known that this bridge had been fortified and under-
mined, and that every other measure for its defence had
been taken. Consequently the column halted as soon as it
came within view of the bridge. Without being impeded by
tke battery, which opened, and kept up an incessant fire, or
by the shots of the riflemen placed in ambush behind trees,
shrubs, and other shelter, the leader ordered 100 of his rifle-
men to ford the river, and they did so without any great
loss. On reaching the other side of the water the riflemen
cleared the bridge, and the Lucerne soldiers were driven in
confusion back into the town. The bridge, which had been
broken down, was soon restored, and the column which had
advanced towards the town took post on the height above it,
after having cleared them of the sharp-shooters who had
endeavoured to defend them. Here they waited for ac-
counts of the other column. Night bad now come on, and
the invading troops began to be discouraged, the whole
coopLraegdeutph(emirtrobeemn,.
column, having been marching and fighting for twenty-four
hours, without scarcely any respite, was exhausted with fa-
tigue. While the leaders were doing all in their power to en-
them for the enemy.
from the a
Theyses- severe ec
conceived
ofve
d it musketry
probablea n and
hgarta rte
came-shot
second column, which, in the dark, had mistaken
but, learning nothing of the
A part of the first column became
panic struck, and several
continued. At day break they
companies began to retreat. Find-
ing that they were not pursued, order was soon restored;
second column the retreat was
were attacked by a battalion

COLLISION ON TILE YORK AND NORTH MIDLAND
RAILWAY.— A collision took place on the York and North
Midland Railway, on Thursday evening, which threatened
frightful disasters. The mail train left York a few minutes
later than its time (half-past six o'clock), as a great. number
of passengers were waiting to proceed by it. It had two
engines attached to it, and proceeded at a rapid rate. When
it reached Burton Salmon, the Hull and Selby train was
just moving forward, but had scarcely left the station. The
manager at the station states that he was engaged with
needful arrangements, expecting the Hull train, and had
not had time to show any signal to the next train, which,
being ten minutes before its time, he did not then expect.
The driver of the York train whistled very loudly for a
man, said to
be Mr. Hewitt, French Consul at Hull, left
York in the unfortunate smashed coupe, but had. for what
reason he scarcely knew, got out of it, and entered another
carriage at the Tad.mster station, and thus saved his life.
The passengers in the second-class carriage, which mounted
the carriage truck, were considerably bruised, but no life was
lost, and no
bones appear to have been broken, which indeed
seems almost miraculous. The runaway engine stopped only
when the steam and v.ater were exhausted. It passed Nor-
wanton at a speed supposed to be about sixty miles an hour,
and from this station an engine was sent in pursuit. The
York train was
put back as far as Milford, when it got upon
the up rails, and was put upon its proper track a short dis-
tance above Burton Salmon, and passed the disabled Hull
train, and reached Masborough in safety about half-past ten
o'clock.—Sheffield Independent.
BRISTOL SUGAR-MARKET, APRIL 4.—The market
has been rather quiet this week, and the sales only reach 400
hlids. West India, and 1,000 mats Mauritius ; in some cases
at rather easier prices.—Bri4rtolAtercury.

HOUSE OF LORDS,—(THIS DAY.)
The House sat to-day for the first time to hear appeals
since the termination of the Easter recess. The Peers pre-
sent were the Lord Chancellor, Lord Brougham, Lord Cot-
teeham, Lord Langdale, and Lord Campbell.
ROBERT ALLEN (A PAUPER) 'V. MTHERSON, TOSXRXNS, AND
THOMAS ALLEN.
The arguments of this appeal from the decision of the Lord
Chancellor, reversing a judgment of the Master of the Rolls,
which were only partly heard before the Easter recess, were
resumed this morning at eleven o'clock. The case is one
of a rather singular nature, and the facts may be thus
stated :—John Allen, of Highbury-place, Islington, by his
will, dated 11th December, 1834, gave and bequeathed differ-
ent sums of money to various relatives, of whom the plaintiff
was one. By the will he appointed M‘Pherson and Tomkins
his executors. He afterwards made nine codicils to his will.
The fourth codicil was in the following words :--" Whereas I
am desirous in the event of my daughter Susannah Evans
dying in the lifetime of her husband, George Evans, to in-
crease the provisions hereinafter made for the undermentioned
persons : I hereby give and bequeath to Susannah Allen,
daughter of my late nephew, Thomas Allen, 3,000/. ; Thomas
Allen and Robert (the plaintiff), sons of the said Thomas
Allen, 2,0001. each ; and to John Allen, son of my nephew,
Charles Allen, the sum of 2,000/. ; the same moneys to
be paid as soon as conveniently after my decease, in ad-
dition to the legacies hereinbefore mentioned." The
testator, by his sixth codicil, dated the 22d of
March, 1837, gave and bequeathed to the plaintiff
one-fourth of the clear residue of his estate and effects, to and
for his own use and benefit. By his seventh codicil the tes-
tator appointed William Allen (one of the defendants) to be
a trustee and executor with his former trustees and execu-
tors. The testator, by his ninth and last codicil, dated the
3d of October, 1837, after revoking the legacies given by his
will and codicils to and in trust for his nephew, Charles Allen,
and his children, and the child or children of his deceased
nephew, Thomas Allen, declared that they should take no
further or other benefit under his will, or any codicil or
codicils thereto, save and except as therein mentioned;
and he thereby gave unto trustees, therein named, the
sum of 1,000/. sterling, upon trust to invest the same,
and to receive the dividends, and pay the same unto
his nephew, Charles Allen, and his wife, during their
lives, and the life of the survivor of them, and after-
wards to fall into and form part of his residue. And the
testator thereby gave and bequeathed unto Nathaniel Bart-
lett, Susannah Evans, and illiam Allen (one of the de-
fendants), the sum of 4001. sterling, upon trust, to invest the
same in their names, or in the name of the survivor of them,
and to pay the same unto Susannah Allen, at such time as
she might marry with consent of the said trustees, or the sur-
vivor of them, or at such time as the said trustees might think
proper. And after bequeathing the sum of 300/. to Thomas
Allen for his own use and benefit, he thereby directed his ex-
ecutors, as soon as convenient after bis decease, to purchase and
invest in the names of Nathaniel Bartlett, Susannah Evans, and
the defendant,William Allen, the sum of 8001. Three per Cent.
Consolidated Annuities, for them to receive the dividends there-
of, and to pay the same by equal weekly instalments unto the
plaintiff, during his life, or until he should attempt to sell, or
otherwise dispose of the same, and in such case, he declared
that the same should fall into the residue of his personal
estate. The testator died on the 28th of November, 1837,
leaving his nephew, Charles Allen, and his children, and the
plaintiff, and Susannah Allen, and Thomas Allen, the chil-
dren of Thomas Allen deceased, another nephew of the testa
tor, him surviving The will and nine codicils were proved
defendrnts, Richard MlPherson, Samuel Tomkins, and
William Allen, in the Prerogative Court of Canterbury.
The bill stated that the testator was born in 1760, at
East Chinnock, Somersetshire, and that at the date
of his will he had acquired a fortune of almost
80,000/. as a wholesale provision merchant at Queenhithe.
The bill then stated that the testator had cohabited for many
years with one Mary Butler, and that during such cohabi-
tation be had one son by her, the defendant William Allen ;
that he afterwards intermarried with her, and that Susannah
Allen, afterwatds Susannah Evans, the wife of George Evans,
two of the defendants, was the only child of the marriage.
The bill further stated that about the year 1824 a separation
took place between the defendants Susannah Evans and
George Evans, and that Susannah Evans lived with the tes-
tator thenceforth up to the time of his death. The bill then
alleged, that the mind and intellects of the testator, during
the latter months of his life, became generally weak,
and that he was incapable of managing his own
affairs ; that during this time his daughter,
Susannah Evans, obtained an absolute power and control
over him ; and that in this state of things, having been in-
formed of the contents of the sixth codicil, she formed a
scheme to avail herself of her influence, and in execution of
that scheme, she caused a written report of several matters
prejudicial to the plaintiff and the rest of his family to be
presented to the testator ; that the report was read to the
testator; and that the defendant, William Allen, afterwards
took it to the solicitor of the testator, who immediately pre •
pared the ninth codicil, which was executed the same even-
ing. The bill then proceeded to state transactions with
various circumstances, tending to show that the testator had
always manifested a great interest in his native place, East
Cbinnock, and in the welfare of the plaintiff, and the other
members of his family who lived there ; that he had fre-
quently expressed himself favourably inclined towards the
plaintiff personally and by letter; and that in March, 1837,
shortly before the execution of the sixth codicil, the testator
assured the plaintiff, and his brother, Thomas Allen, that he
had handsomely provided for them. The bill then charged,
that the affection of the testator was unabated towards the
plaintiff until the defendants, Susannah Evans and William
Allen, caused the fraudulent and untrue report to be made to
the testator; and that, by such fraudulent and untrue report
only, the testator was prevailed upon to execute his ninth
codicil, and that be signed it without the contents
having been read over to him. The bill then stated that
the plaintiff had ineffectually attempted to prevent probate
of the ninth codicil in the Ecclesiastical Court, but that lie was
confined to the objection which affected the said will and
codicils, as an entire testamentary instrument; and it prayed
a declaration that the plaintiff was entitled to the several
bequests and legacies given to or intended for hint by the
testator, in and by his will and other codicils, or anv or either
of them, -without revocation thereof by the ninth codicil;
and that the defendants, Richard M'Pherson, Samuel Tom-
king, and William Allen, or Susannah Evans, are or is trus-
tees or trustee of or to the extent of such bequests and lega-
cies for the plaintiff ; that an account might be taken of all
the personal estate and effects of the testator, possessed by
the defendants, or any or either of them, or -any or either of
their application thereof; and that the proportion to which
the plaintiff might be declared entitled in the legacy
of 4,0001. bequeathed by the testator in his will to
the plaintiff, and Susannah Allen and Thomas Allen,
might be paid the plaintiff out of such estate ; and
that the legacy of 2,0001. in the fourth codicil, in case the
defendant Susannah Evans should die in the lifetime of her
husband, might be invested in the names of trustees fur his
benefit, and that the clear residue might be ascertained, and
one-third paid and transferred to the plaintiff for his use and
benefit. The defendants, Richard M`Pherson, Samuel Tom-
kins, and William Allen, put in a general demurrer to the
bill and the whole of the discovery—first, for want of equity ;
and, secondly, for want of parties, because the plaintiff had
not made Nathaniel Bartlett a party to the bill, or pray ed
process against him. The Master of the Rolls overruled the
demurrer, and the respondents appealed against his decision
to the Lord Chancellor, who reversed it en the 11th of Nov.,
1842. The present was an appeal against that reversal.
Mr. KINDERSLEY, before the recess, was heard on the part
of the appellant ; and to-day
Mr. J. RUSSELL and Mr. J. TURNER were heard fur the re-
spondents.
(The arguments were not concluded when our Evening
Edition went to press.)

CHANCERY.-(THIS DAY )
The Lord Chancellor did not sit to-day, in consequence of
having to attend the House of Lords.

The Master of the Rolls having been requested by the
Lord Chancellor to attend the House of Lords, did not sit iu
his Court to-day.

VICE-CHANCERY.-(THIS DAY.)
(13: fore the VICIL-CHANCELLOR OF ENGLAND.)
His Honour the Vice-Chancellor of England, this being
:he first seal, sat in his Court in Lincoln's Inn, and took 'no-
tions to-day, none of which were of interest to the public.
(Before the Vice• Chancellor KNIGHT BRUCE. )
ELLIS V. GOOD,,ON.

His HONOUR having disposed of this lengthy case, which
related to West India property, proceeded to hear motions,
and having nothing further to proceed with, rose shortly,
after twelve o'clock.
(Before the Vice-Chancellor WronAm.)
His HoNoun gave judgment in Mayhew v. Edwards, and
afterwards heard motions, it being the first seal.

Mr. William Baker, merchant and general dealer, residing
at Oundle, in the county of Northampton, appeared on the
summons of Mr. Thomas Thorpton, in the same county
➢lr. Nyas, who appeared for Mr Baker, took an objection to
the terms of the summons served on the defendant, inasmuch
as it did not contain a proper description of his business and
residence. After a short argument, the Learned Commissioner
decided the objection to be good, and ordered the defendant
to be discharged, the Court allowing him costs.

IN RE HENRY STIMSON.
This bankrupt, Mr. Henry Stimson, late farmer and
publican, at Hockham, in the county of Rutland, cams
up for his final order. The granting of the order was op-
posed by Mr. Boydell, who appeared for Mr. Blackburn, wine
merchant, one of the creditors. The defendant was sub-
jected to a long examination, gone into with the object of
showing that the bankrupt had contracted this debt without
any reasonable prospect of paying it, and after he had made
an assignment of his property to another party ; also that he
vexatiously defended an action for the recovery of the same,
thus adding a considerable amount of costs to the original
debt. - _ .

His HONOUR decided that there were not sufficient grounds
for the objection, and granted the defendant his final order.

Lt HE THOMAS FRENCH.
The party in this case, an insolvent, and described in his
schedule as a straw-plat dealer, appeared on his petition for
the protection of the Court. This was his final examination,
and he was opposed by Mr. Sturgeon, on behalf of the prin-
cipal creditors. The insolvent resides at Redburn, near St.
Albans, in the county of Hertford, where the debts were
contracted. The insolvent had but recently gone to live
there, and gave himself out in the neighbourhood as a man
of substance, and kept several dogs, with which he was in
the regular habit of sporting. These appearances induced
the tradesmen of Redburn to give him credit, the defendant
having repeatedly. represented himself as possessed of consi-
derable money in the funds, which was not the fact.
At the very time that he had applied for the
protection of that Court he was going about the town
flourishing a 1,0001. note, which turned out to be a flash one,
and offering to lend money, the object being to obtain goods
by these fraudulent representations. The opposition was
made on the ground that the petitioning creditors had been
induced to supply goods by these means, the impression being
that he was a gentleman.
Evidence was tendered in support of theseallegations, when
His Hoxoun stated that sufficient had been advanced to
induce him to refuse the final order.—The case was then ad-
journed sine die.

INJURIES BY A Cow.—Mr. and Mrs. Hnyte, the
large cowkeepers of Pentonville, who were so dreadfully in-
jured by a cow on Monday last, are fast recovering. It is
untrue that they were both tossed in the air, and that a
labourer in their employ stuck the prongs of a pitchfork in
its eyes and ears. Mr. Hoyte only was tossed, but both were
trampled and gored by the infuriated beast. Mrs. Hoyte
had three of her ribs broken, and her left arm dislocated,
while Mr. Hoyte received some severe injuries on his back
and neck, but not of so serious a character as was stated. If
the COW had not had crooked horns there is no doubt but
both would have been killed on the spot, and their bodies
dreadfully mangled.