The Sun.
London, England, 1845-10-31 00:00:00

LAW INTELLIGENCE.
„ COURT, Oct. 29.
o,:lnre Sir H. JENNER Fr:sT.)
TR ARE V.
that
sTodayr r thishom causeasG
, owa r
g: late of Washingley
in the county of Hun.ingdon, arid of Margate, in the county of
aAgia,:eflec broughte, on for hearing. It appears
Kent, deceased, died on the 30th December, 1842, aged 51. He
left behind him a sister, Hrs. Amelia Peacocke, who will be en-
titled in distribution, if it be established that the paper propounded
be invalid. The deceased was possessed of large landed estates in
the counties of Huntiugdon, Essex, Leicester, and other parts of
England, of the value of about 200,0001. and of a personalty of
about 20,0001., exclusive of large amounts laid out in the Govern-
ment annuities. The deceased left several other relatives, among
whom are the Rev. Thomas H. Cole, a natural brother, &c. The
sums invested in the Government annuities were 18,7004 and
23,0001., the dividends on which were never, as alleged, regularly
received by him, the arrears at the time of his death amounting to
about 7,0001., and having also in his banker's hands about 12,000/.
The deceased committed suicide by shooting himself with a pistol,
on the 30th December, 1842. The will in dispute was executed
in the shop of a hatter, in Fleet-street, which is within a short
distance of his legal adviser's. The will bears date on the 23d
June, 1836, and by it the whole property is directed to be realised
and bequeathed to St. George's Harpital. The validity of the
paper is opposed on the ground of the insanity of the deceased.
Her Majesty's Advocate, D:. Addams, and Dr. Harding were
in opposition to the validity of the will, and Dr. Phillimore and
Dr. Jenner in support of it. For the force and validity of the
paper, it was contended that the deceased had, no to the period of
the execution of the paper, managed his own affairs. Against
the paper there are a multitude of eccentricities pleaded. The
deceased is alleged to have been at all times strange and eccentric,
even while a boy ; that in later years he believed that his heart
and stomach were of a different construction from those of other
people, and betokening premature decay. When out in the
rain, as it was his habit to be, both by day and night, it was
the deceased's constant practice to take off his hat, and stand
for some considerable length of time with his head uncovered
and exposed, evincing and expressing the comfort he received there.
by. That on a stormy or rainy night happening in the year
1836, the deceased set off late for the Horse Guards, com-
plaining bitterly of the (supposed) necessity of the journey,
and that he walked all the way from Blackheath to the
Horse Guards, though followed or attended by a carriage
driven by his coachman, and also by a groom mounted and leading
a saddle-horse. That as soon as he got to the Horse Gaurds,
without calling anywhere, he turned about, and persisted in walking
back again to the foot of the hill, near to Blackheath, attended as
before, a distance, in the whole, of not less than ten or eleven
miles, notwithstanding that it rained heavily and incessantly. That
upon his arrival at the foot of the said hill, and not, before, he was
prevailed upon to get into his carriage.

In the course of the arguments against the will, it was contended
especially by Drs. Addams and Harding, that the bequest to a public
charity of the whole of so large a property was contrary to the ac
knswledged feelings of the deceased—that he was fond of boasting
of his family and pedigree—that his ancestors had been knighted
by Queen Elizabeth, and, notwithstanding all this, in one line he
had left the whole of his property to St. George's Hospital, in-
cluding estates that had been in the fam ly since Henry the Eighth.
The reply remains to be heard.

BANKRUPTCY COUI:T, Oct. 30.
(Before Mr. Commissioner Evass.)
IN RE CAROLINE RARRATT.
This insolvent, who was described as a teacher of music, was
brought up in custody from the County Prison, on her petition to be
discharged.
Mr. ROBON, a solicitor, said that the insolvent was a married
woman, and he dld not consider it a case within the meaning of the
Act. Her debts had been contracted before her marriage, and she
had separate property, but which she had settled upon her hus-
band, without making any provision for the payment of her debts.
She had been sued jointly with her husband, and taken in execu-
tion. She had applied to a Judge at Chambers to be discharged,
but he refused to interfere. Such a case was not provided for in
the Act, nor did the registrars or official assignees know of a deci.
sion on the point, but on principle she was not entitled, for it was
clear she could not make a legal assignment to the official assignee•
The Learned COMMISSIONER.—Then on principle yogis ought
not to have put her in prison ; you treated her then as a trader, and
as a trader she is entitled to petition this Court. She must do all
she can, that is to make such assignment as she can, and she will
be bound by it in equity. It certainly is not a common occur-
rence, but if you put persons in prison there must be a legal
means of getting them out.
Mr. ROBSON submitted that a copy of the marriage settlement
should be annexed to the schedule, in order that the extent of the
property might.be ascertained. The insolvent had estimated the
property in expectancy at 4,0001. The anirs, however, were in
Chancery, and the Court had granted her an allowance of 100/
per annum for her own sole and separate use—this she had
settled on her husband at her marriage. Since the action had
been brought she had received 50/., 251. of which since she had
been in prison, and had it paid over to her husband. This was
such a disposal of property as would exclude her from the benefit
of the Act
The Learned COMMISSIONER said he did not think it was.
Mr. ROBSON then urged that a copy of the deed should be put In,
and that the insolvent should make a general assignment of her
interest.
The COMMISSIONER—I don't see how you can sell it even then ;
at all events she must do the best she can for the creditors. I can.
not order copies at the expense of persons at the doors of a prison.
Mr. Roasosi said the insolvent had offered to set aside 30/. a
year out of her income, and her debts were 2971 , but out of
100/., a year certain professional engagements and incidenta's, the
creditors did not think it sufficiently, more especially as they were
ins olved in the Chancery suit, as there must be another bill of re-
vivor to make the official assignee and creditors, assignee parties.
There had been a bill of recivor only about six weeks back.
The Comm issioNnn—How long has the suit been pending ?
Mr. Roasoss about fifteen years.
The Learned COMMISSIONER said, under all'the circumstances,
and the offer being made to allow 30/. a.year till she came into
possession of the property, he considered the insolvent entitled to
her discharge out of custody.
The insolvent, who is a young woman, and hid an infant in her
arms, was then discharged. Iler husband w.is ;in Court, and had
also petitioned the Court, but the case was adjora tied.

CENTRAL CRIMINAL 'COURT.
OLD COURT.
(Before Mr. Commissioner ?BULLOCK.)
RAILWAY 2OXIIERF2g.
Charles Maynard, alias Charles Gregory Maynard, and Daniel
Garrott, who stand indicted, the or,e for stealing property from
the various railway stations in the metropolis, and the other for
reeetving that property, knowing it to: be stolen, were called upon
to plead. Maynard pleaded Not Gu;;lty to all the counts in the
Indictment, and Garratt pleaded Guilty to two of the charges, and
Not Guilty to the others. The record of a former conviction
against Maynard, in ISI6, was put hi', but the prisoner denied
that he was the person therein mentionied.
(Before Mr. Justice COLERIDGE ar:d Mr. Justice MAuf.E.)
Edmund Adolphus Hughes, a dull, ~).icavy-looking lad, about
seventeen years of age, was indicted for a rape on the person of
Emma Life, a child under the age of seven.
Mr. Prendergast was for the prosecution, I Mr. Clarkson for
the defence. ••.0
The facts of the case arc unfit for publicatic. i•
Mr. CLARItSON addressed the jury for the 1-'l.:prier, and
Mr. Justice COLERIDGE summed up. •‘-'1
The jury returned a verdict of Acquittal.
Anne For, 33, spinster, wits indicted for feloniously discharging
a pistol, loaded with powder and shot, at Thomas Morris, with in-
tent to murder him, or to do him some grievous bodily harm.
Mr. Clarkson defended the prisoner.

It will be wnnecessary to detail the evidence in support of this
charge, as the facts were very fully described within the last two
or three days in the po'ice reports. It turned out in the course
of the case that the prosecutor had received very trifling injury,
an that it was probable there was no gunpowder at all in the
pistol, but that the percussion cap only had caused the mischief.
. _

The jury found the prisoner guilty of a common assault only,
and she was sentenced to be kept to hard labour for six months.
John Bailey, 24, sailor, was indicted for feloniously attempting
to drown Edward Lunt, with intent to kill and murder him.

From the evidence of the prosecutor and other witnesses, it ap-
peared that, on the 27th of September, he was going with his barge
through one of the entrances of the St. Katherine Docks, and the
prisoner was a-head of his craft in a boat, and he called to him to
get out of the way. The pri:oner refused to do so, and made use of
a course expression, and an altercation took place between them,
the result of which was, that the prisoner seized the prosecutor by
the collar, and threw him into the water. It appeared, however,
that the prisoner immediately regretted his rashness, and that he
rendered all the assistance in his power to recover the prosecutor
from his dangerous situation. He afterwards expressed his regret
for what had happened, but said that it was as much the fault of
the prosecutor as it was his.
The jury found the prisoner Guilty of an aggravated assault,

and he was sentenced to be imprisoned and kept to hard labour for
nine months.
Bridget Smith, alias Thomas, 32, was indicted for feloniously
attempting to administer a large quantity of a certain deadly poi-
son called oxalic acid to Patrick Henry Smith, With intent to mur-
der him.

The circumstances of this case will likewise be fresh in the re-
collection of the public, from their having been recently published.
The prosecutor and the prisoner had been on intimate terms, but
the connexion was broken off' by the former, and the prisoner Waz
frequently heard to utter threats towards the prosecutor. On the
2tith September the prisoner met a little boy named Hyett in the
Commercial-road, and gave him a parcel containing some tea and
sugar, which she directed him to carry to the house of Mrs. Smith,
the mother of the prosecutor, and with whom he lived, and tell her
to make tea, and that she would come and partake of it. The
parcel was opened by the prosecutor's mother, but some suspicion
being entertained, the tea and sugar were analyzed, and the latter
was found to contain oxalic acid.

The prosecutor, in answer to questions put to him, said that he
was a Roman Catholic, and at his confirmation he was named
Henry Smith only. He was baptised in the name of Patrick, but
he dropped that name after his confirmation, and had only gone
by that of Henry Smith.

Mr. Justice MAPLE said that the indictment charged the pri-
soner with attempinig to administer poison to Patrick Henry
Smith, but in his opinion the evidence proved that his name
was Henry Smith only, and that this variance was fatal.

_ .
The jury, accordingly, under his Lordship's direction, re.
turned a verdict of Not Guilty.
The prisoner was then arraigned upon another indictment,
charging her with attempting to administer the poison to Catherine
Smith, the mother of the prosecutor in the former case.
The evidence was, of course, exactly the same as in the former
indictment, and a woman named Wiggins stated, in addition, that
the prisoner told her she would poison the prosecutor's o'd wretch
of a mother, as it was her fault that he had treated her in the
manner he had.
The jury found the prisoner Guilty.

The prisoner became very much excited on hearing the verdict,
and repeatedly asserted her innocence. She also entreated the
Court to have mercy upon her for the sake of her children ; and
then fainted, and was carried out of the dock In an insensible state.
Mr. Justice MAULE said he should pass sentence at a later period
of the session.

NEW COURT.
(Before the RECORDER.)

TV, Richardson, from the parish of Greenwich, was charged with
stealing brushes, knives and forks, table mats, &c., the property of
his master, John Dawson, furniture dealer.

John Dawson discharged the prisoner from his employment in
August last. About six days after, the 15th of August, had occa-
sion to be at the police.court. in consequence of what happened
there went with prisoner to prisoner's lodgings, Church-street,
Deptford, and there saw brushes, a plane, and a pillow, with his
handwriting on them. Prisoner said he had got the brushes at
Carter's, and the plane at a shop in Deptford. The pillow had
been given to Redmond, in whose house he was living at the time.
Witness had never sold the ',lanes ; the brushes might have been
sold. The knives and forks are by the same maker as a quantity
still in his possession, and a quantity, same as those in possession
of the prisoner, was deficient in his stock.
Cross-examined—Witness finds the deficit in his stock unac-
counted for by his books. Witness was summoned to the police-
court. Prisoner was: there also to support a summons against Red-
mond. Witness at that time heard of the articles now in Court,
and wished to see them, but was told by the Magistrate that a
search.warrant would be necessary. The prisoner immediately
said witness might go and examine them at his lodgings.
John Carter is a furniture dealer, the father.in-law of the pri-
cones, to whom he has made over his business. Positively denies
having sold prisoner any of the articles in Court.
Gays, a policeman, went with Dawson to prisoner's lodgings,
and heard prisoner say he had bought the brushes at Carter's. but
prisoner could give no account of the pillow, knives, or table-mats.
Wm.Eedmond, is a:bricklayer, living in Church-street, Deptford.
Has known prisoner for two years. Prisoner has lived with him 1
for the last six months. lie was married shortly after ismingt