The Sun.
London, England, 1829-12-18 00:00:00

LAW INTELLIGENCE.

COURT OP CHANCERY, Dac. 17.
FAWCETT AND WHITEHOUSE.
The further discussion of this petition of appeal,
which is of no public interest, occupied the whole
of the day.

ROLLS' COURT, DEC. 17.

SMYTHE V. OAKLEY.-OAKLEY V. SMYTHE.
This case came on in the shape of exceptions to
.he Master's report, and for further directions.

The circumstances were as follow :—Elisabeth
Swaine died on the 21st of February, 1820, leav-

ing by will her money and wearing apparel to James
Smythe and Mary Ann his wife. At the time of
the testatrix's death, there were four boxes and
chests in her possession, containing among other
things, a quantity of gold and silver coin and wear-
ing apparel. The question was, to whom did this
property belong ? Smythe and his wife claimed
it under the testatrix's will, and Richard Oakley,
one of the executors, insisted that the money be-
longed to hire, as the personal representative of his
father and mother, Richard and Ann Oakley, whose
property the boxes and great part of their contents
were stated to be. Smythe filed a bill to obtain pos-
session of the property in question, and Oakley filed a
cross bill for the purpose of establishing his own
right to it. A decree was made referring it to the
Master to take an account of the property of the
testatrix, and to inquire whether the chests and
boxes, together with their contents, formed part of
her estate, or had belonged to Richard and Ann
Oakley deceased. The Master made his report on
the 20th of December, 1828, finding that the tes-
tatrix died and made a will as before stated, that
three of the chests and their contents had belonged
to Richard and Ann Oakley, but that the fourth, a
large oaken coffer, and what was contained in it,—
viz., a mortgage deed for 8001., a promissory note
for 2001., various Bank of England and country
notes, 37 large Portuguese coins, of the value of
11. I6s. each, a purse of 177 guineas, and some
silver coins, were the property of Elizabeth Swaine,
the testatrix, at the time of her death. .

Richard Oakley excepted to this last clause in
the Master's report, and said the Master should have
found that the oak chest and its contents (except
the mortgage-deed and promissory note) had be-
longed to his father and mother, Richard and Ann
Oakley ; alleging that they were consequently now
his, as their personal representative.
Mr., PEMBERTON was heard in support of the ex-
ception.
A Learned Gentleman behind the bar, with whose
name we are unacquainted, followed on the same
side, and argued, among other points, that Eliza-
beth SwaiLe could not have saved a sum of between
2001. and 3001.

The MASTER of the ROLLS—How do you show
that she spent 501. a year, the interest upon the se •
curities found in the oak chest, and admitted to be
her's ?—it was answered, that in all probability
Elizabeth Swaine never received the interest.
His HoNouit—Except there be evidence to the
contrary, the inference is that she did.
The testatrix's family had been in the habit of
hoarding money for many generations, but there was
no proof that she did.
The MASTER of the ROLLS—The fact of her fa-
mily having been notorious for such a practice, might
have suggested similar conduct to herself.
The Learned Gentleman—But Elizabeth Swaine
declared that she had no money.
His HoNouß—l knew a lady very well, who
died about three years ago. She always repre-
sented that she had no property, and yet died worth
250,0001.
Mr. BICKERSTETH ( With whom was Mr. BAR-
BER) was heard in support of the Master's report,

after which,
The MASTER of the ROLLS said the case was one
of some doubt, and had been throughout a case of
presumption. He thought the presumption in fa-
vour of the testatrix's right to the properly, and
should therefore confirm the report.
Mr. BICKERSTETII asked for costs against Mr.
Oakley in the cross bill, which was unnecessary to
the determination of the suit, the original bill filed by
Smythe being sufficient for that purpose.
His HoNowt refused the application, on the
g►ound that the cross bill was in the nature of a Lill
of discovery : and added, the case was so extremely
doubtful, that all costs must be paid out of the tes-
tatrix's estate.

COURT OF COMMON PLEAS, Dec. 17.
IVEBSTER V. LAMERT.

Mr. PAYNE applied, on behalf of the defendant in
this cause, that the trial should be postponed to
some future day, in consequence of a material wit-
ness, who had been subpoenaed on t:oth sides, hav-
ing taken a quantity of poison, and being now con-
fined in St. Bartholomew's Hospital. The affidavit
on which the Learned Counsel moved, stated that
the witness had yesterday swallowed two ounces of
laudanum, upon which he became insensible. In
that state he was removed to the hospital, where
the poison was extracted by means of the stomach-
pump ; and it was now the doctor's opinion that he
would recover.
Mr. Serjeant WILDE, for the plaintiff, submitted
that the affidavit was insufficient to support the
application.
The LORD CHIEF JUSTICE—This is a peculiar
case, brother Wilde,
Mr. Seljeant WILDE—They admit, my Lord,
they have been pumping the witness.—(A laugh.)
After having been pumped, I don't see what is to
prevent him from coming; he only swallowed two
ouneesl--(A laugh.)
Mr. PAYNE—If this were the celebrated opium•
eater, the Learned Serjeaut's observation as to
"only two ounces" might apply. But as the wit-
stomach, IL believe,
ness is a • person of ordinary

"only two ounces" of laudanum is quite sufficient to
prevent his attendance here.
The LORD CHIEF JUSTICE suggested that the
trial should stand over until to-morrow ; which was
done accordingly.

INSOLVENT. DEBTORS' COURT, Dsc. 17.

Fanny Hunter, who was sued under the name
of Stratton also, a young lady of prepossessing ap-
pearance, and very fashionably attired, was opposed
by Edward M'Dowall, a linewdraper, of No. 31,
Burlington-arcade, for a debt of 371. contracted for
goods.
Mr. M'Dowall stated, that one evening, about
the beginning of June, 1828, the insolvent stopped
at his shop-window in company with the wife of a
respectable tradesman, of whom he had some know-
ledge, to admire the articles there exposed for sale,
and upon his invitation they came into his shop.
Not doubting her respectability, he sold her, on that
evening, various articles to the amount of 3/. or 4/.
In the course of three or four days the insolvent
formally announced herself as Mrs. Stratton, of
Brewer's-cottage, Craven-hill. Mrs. M'Dowall asked
her up stairs, when she mentioned that she had a
settlement from Mr. Stratton of 300/. a year. This
was proved in evidence. He then took her orders for
goods to the amount of 10/. or 15/. more, and after-
wards gave her credit in all to the amount of 37/.:
this took place within a period of fourteen or fifteen
days.
Cross-examined by Mr. Comm—His shop was
an extremely tempting one, so rauch so that it was
absolutely impossible for any lady of taste to pass it
without stepping in to purchase something.—
(Laughter.)—He admitted that he had a very sil-
very insinuating tongue—(a laugh)—indeed, he
could assure the Court that he had made many a
guinea by his tongue.—(Loud laughter.)—On this
occasion, when he saw the ladies at his shop-win-
dow, he prevailed upon them by his persuasive
eloquence to walk in. During some parts of the
cross-examination, which was admirably conducted
by Mr. Cooke, the Court was really convulsed with
laughter, which was heightened by the ludicrous
and imperturbable gravity of Mr. M'Dowall.
The CHIEF COMMISSIONER thought that under
all the circumstances of the case, it would be too
much to infer that the insolvent had contracted this
debt upon a false representation of her circum-
stances, and therefore the Court ordered her to be
discharged forthwith.
George Wiseman, late a butcher of Stepney-
causeway, was opposed by Mr. CooKE, on the part
of two creditors, named Fuller and Steel, arid ad-
judged to six calendar moaths' imprisonment, under
the discretionary clause of the Act of Parliament.