The Sun.
London, England, 1827-04-06 00:00:00

LAW INTELLIGENCE.-(THIS DAY.

HOUSE OF LORDS.—APPEALS.
VERNON V. THE EARL OF EGMONT.
This was an appeal from a decree pronounced by the late
Master of the Rolls, under the following circumstances
The respondent filed a bill against the appellant, praying
for an account of the residue of the personal estate of the
late Earl of Egmont, which was left to him by the will of
the testator, who appointed the appellant his executor.
The appellant put in an answer, stating an assignment
by the respondent of, the residue of the testator's estate,
and also that the testator being tenant for life, of large
estates, with remainder to the respondent iti tail,' had exe-
cuted leases not in conformity with his power, which the
respondent might avoid, and that the lessees upon eviction
might have claims on the personal estate of the testator.
It was consequently contended, that before the residue of
the estate should be paid to the respondent, be should either
confirm the leases alluded to, or give a satisfactory indem-
nity to the appellant against any claims which might be
made against him, as the representative of the testator,
in respect of the said leases. The cause having been
heard before the Master of the Rolls,
His Houma decreed that the Islister should carry on
the amount of the residue of the testator's estate and pay
to the respondent what was due to him, without making
any provision for the protection of the appellant against the
claims of the lessees. From this part of the decree an ap-
peal was brought to the House of Lords. Counsel having
been heard on both sides,
The LORD CHANCELLOR observed this day, that it
would require a great deal of consideration before their
Lordships should say whether or not, in all cases of execu-
tory devices the devisee should ' give security to
the executor against claims on the personal estate,
But on viewing all the circumstances attending this parti-
cular case, and regard being had to the nature of the
estate, which the respondent took, his,Lordship did not
see why be should not confirm the leases as required, be-
fore the appellant should be compelled to pay over the re-
sidue of the personal
,estate of the testator, otherwise it
would be exposing the appellant to the claims of, perhaps,
a thousand persons, (if leases had been granted to so many)
without any indemnifying security. This was the view
which his Lordship took of the case, and unless he should
alter it before Tuesday next, he would then move that the
decree of the Master of the Rolls should be reversed.

VICE-CHANCELLOR'S COURT.
The'Colut was occupied this morning in hearing bank.
rupt petitions, none of which possessed any features. of
general interest.

OLD BAILEY SESSIONS.-(THIS DAY,

EXCUSE OF A JURYMAN.

On the calling over of the panel of persons summoned as
jurymen, a portly, good-looking, upright man, at least six
feet in height, appeared in the full military costume of a
sergeant. On his name being called, he mounted the wit-
ness box, and stood as erect, and equally in order, as though
the word " attention had been given, " thumbs down"
and all.

Mr. Sergeant AR ABIN.—Well, Sir, what hare you to say ?
Soldier.-=-My Lord, I belong to the Second " Loyal
London," and am liable to be called upon duty, and there-
fore I wish to be excused.

Mr. Sergeant ARABIN.-You are not on duty now, Sir.
Soldier.—No, my Lord, but I may be called upon.
Mr. Sergeant ARABIN.-But why, Sir, do you now
appear with your sash, and your side-arms (sword), as
though you were upon duty?
Soldier.-.—l may be called upon, my Lord.
Mr. Sergeant ARABIN.-Ay, ay, ap may we all. I
think we can't excuse you ; but, probably, you will do ns
the favour of putting on the costume of the citizen, and
for a short time forget the soldier; if not, your brother
jurymen may be somewhat in fear of you.
The Court was convulsed with laughter during the tirae
" the soldier" was answering the questions of the Learned
Sergeant. At last he took a seat with some of his neigh-
bours, who evidently enjoyed the defeat of this artifice of a
Boniface, for such we understood the gallant sergeant to he.
(Before Mr. Sergeant AganDr.)
BURGLARY.

John Gardener, aged twenty, was indicted for burgla-
riously breaking into the dwelling-house of Henry Blay, and
stealing from it four watches, value 201., on the 6th of
February last.
Blay stated that he is a watch-maker, and lives at No. 6,
Church-street, Westminster. He was sitting in a parlour
inside his shop about six o'clock on the evening in question,
when he heard a noise as if a pane of glass had been broken,
and looking out, observed a man's hand through the shop
window, in the act of taking away watches. Prosecutor im-
mediately ran out and took the prisoner into custody, and
upon searching him, found two of the watches in his breeches
pocket. The other two watches which he had taken from
the window, he let fall, and they were picked up by a pas-
senger in the street. _

The prisoner wept bitterly, but offered nothing material
in his defence. Verdict—. Guilty—Death.
(Before Lord Chief Justice ABBOTT.)
FORGERY.

John Hughes, aged 25, was capitally indicted for felo-
niously forging and uttering a fraudulent receipt for the
sum of 11 s. 6d„ with intent to defraud Harrison Arrow-
smith, his employer. It appeared from the statement of
Mr. Arrowsmith that he is a wine-merchant, residing in
Adam-street, Adelphi, where he has chambers, the house
being divided into several sets. Witness knows Henry
William Pullen, who he understood to be a clerk in the
chambers situated above his own; which are occupied by a
Mr. Price, an attorney. The prisoner at the bar was a
porter in the service of witness. He was in his employ-
mentfrom November to February last, and was authorised
to pay various sums of money, of which he kept an account
in a hook, which was frequently inspected by his em-
ployers, when the prisoner always produced his vouchers.
—On one occasion witness produced a voucher for
I Is. 6d., which was marked as paid, and signed by
a person named Brosnell, a smith, who was occasion-
ally employed by Mr. Arrowsmith. Upon inquiry it
%yes discovered that the account produced had not been
made out or paid to Brosnell, but that it was drawn up
by a youth earned Pullen, who was employed in the upper
chambers, at the request and by the express desire of the
prisoner.
The Loan Guar JUSTICE said, that in his opinion the
forgery of the bill by the boy, under the direction of the
prisoner, made the offence precisely the same as if he had
forged it himself. This point, however, was quite imma-
terial in the present case, as the fact of uttering the
forged hill was proved beyond all question. As to the
inttPe°B3eduthieufoorfgetrlyle,mit,
afacts i
fof
satisfiedthecas et,
h4t htetiJi
eu!•pyri
swereon fully
hadprisoner
tire
was for them to esilsider whether he could have had any
otherobijuercyt,buatftetliatcoonf consulting
uding his master.
Thetogether
for some minutes,
returned a verdict of Guilty, accompanied with a recom-
mendation of mercy, in consequence of the smallness of
the sum.

on
nieted the fori 9atshsa;ilatirncgh W
The Crizzr JUSTICE said the recommendation should be
communicated to the proper quarter.
Coop Brown
inw
ga,ss cha
jpgihtalwrlay;
,affind.
stealing from his
persoh 58., a hat, and other articles.
The prosecutor, who is an elderly hair,
, --) stated, that he
lives in Charles-street, Drury-lane, and that as he was pass-
ing through Holborn,
on his way home on the night in
question, he was accosted by three men, of whom the pri-
soner was one ; they immediately commenced pushing the
prosecutor, upon which he became alarmed, and run down
Newton-street; the men pursued, and prisoner struck the
prosecutor a violent blow with A stick, Which brought him

to the ground ; in the Beni& his hat fell off, and his spec-
tacles and two half-crowns were taken from his pocket ;
upon his calling out murder, the patrol came up and appre-
hended the prisoner with the prosecutor's hat in his hand.
The prisoner, in his defence, said, that he was passing
by and observed a hat upon the ground, which he took up,
and in a moment after heard the cry of "stop thief," when
the patrol updg and took him into custody.
The e left the case entirely to the Jury.
i TerLearned
Verdict---
c camet—G Juullty.

NEW COURT.
(Before the RECORDER, and Alderman C. SMITH.)
A PRISONER ACQUITTED litY Barra; FOUND Too
GUILTY.—John Dory and Henry Fielder were indicted,
the first for stealing, and the other for receiving, three
bushels of grains value Is., at Hounslow, on the 14th of
March last, the property of Mr. Simeon Howard, of Rick-
mansworth. The indictment charged the offence in one
count against Fielder, as a principal.
Mr. PHILLIPS and Mr. BARRY conducted the prosecu-
tion, and selected the count charging Fielder as the receiver.
Mr. ADOLPHUS was retained for Fielder, and Mr. QUIN
for Dory. The latter prisoner was a carter to the prose-
cutor, and Fielder, a higler, on Hounslow Heath. The
carter had sold the grains to Fielder, on the road from
Twickenham to the prosecutor's house ; and another car-
ter, named Edward Groves, an accomplice in the theft, was
admitted as evidence to convict the others. This witness how-
ever, after procuring a promise of release, if he gave evidence
against them when in the witness box, would hardly say
any thing against either of them. Other evidence, how-
ever, was brought forward, which so completely proved
the theft, that the Recorder expressed his opinion that
yh as a principal ; and as the Counsel for
had confined themselves to the count
tFhieeld prosecutione r was guilt
charging him as a receiver, he must be acquitted.
The Jury, therefore, found Dory Guilty, and Fielder
Not Guilty of receiving.

The COU RT then sentenced Dory to seven days impri•
eonnient in Newgate.—This case lasted three hours.

NAVAL INTELLIGENCE.

The Romney, 50, Captain N. Lockyer, C. 8., sailed
Or Saturday, with troops for Lisbon, after performing
which service, it is supposed she will be ordered to be paid
off, for re-commissioning.
In Hamoaze—Britannia, Windsor Castle, Ocean, Har-
rier, Falcon, Royalist, Cadmus, Vigilant, Frolic, and
Swallow.

In the Sound—Bittern.
The liiritaunia flag-ship has been stripped, preparatory
to being...docked, for the purpose of haring her bottom in-
spected, agreeably to instructions from the Admiralty,
which direct that the bottoms of the guard-ships, at the
sevetal ports, shall be triennially examined. The Ocean,
80, bas been taken into dock, for the purpose of undergoing
a similar examination.
The America; 74, has been taken into dock, for the
purpose .of being cut crown to a double-banked frigate.—
Plymouth Journal.