The Sun.
London, England, 1827-12-11 00:00:00

HEDGER V. HORTON.

Mr. Caownra opened the pleadings. This was an ac-
tion on a bill of exchange for 1301., drawn by a person
of the name of Hansen, accepted by the defendant, and
endorsed over to the plaintiff. The defendant pleaded the
general issue.
Mr. Sergeant ADAMS had only to add, that he believed
the defendant intended to dispute the bill. If that were
the case, he should be iu a condition to prove that value
had been given by a cheque drawn on the plaintiff's banker.
At present, he should only prove the handwriting of the
parties.
Witnesses were then called,
wilo proved the handwriting
of the plaintiff and the defendant, and also that of the
drawer of the bill.
Mr. Sergeant WILDE, for the defendant, said that the
circumstances under which this bill had been obtained were
such as he thought would exempt the defendant from
liability npou it. His client was a tailor, and had sup-
plied a young gentleman holding a commission in the army
with clothes to a considerable amount. When in town,
this young officer generally resided at Long's Hotel,s
p in
sion usually had ed
Bond-street, and having, as most gentlemen of his
in serrof vicee-
e,
much spare time on his hands, he had not unfrcquently
when not actually engag

found it difficult to pass away the day. From this per •
plexity he was rescued by a person named Moses Hansell,
who, in order to relieve him from the ennui which ap-
peared to oppress him, occasionally tossed up fur various sums,
and also, with much kindness and consideration, supplied him
with a handsome dressing-case, ands vitriety of lady's
trinkets, without having received any order ; and,,,unft.ttu-
?lately, the youth was unwise enough to retain them.—
For these trinkets and losses at tossing up, the worthy Mr.
Hansel! claimed a sum of very nearly 1001. The circum-
stances under which the bill in question were drawn were
these s —As Hansell was one morning on his way to call
on his young friend, he met the defendant who was also
going to seek payment of the demand ha had on the
young man. Hansell was soon shark enough to extract
from him what was the nature of his business, and then
said that he was also a creditor ; and after some further
conversation he proposed that the defendant should get a
bill from the young gentleman for the amount of their joint
claim, which he was to retain, giving Hansel! his accept-
ance for the amount of his individual claim. Having been
assured that the young man was perfectly responsible, the
defendant at length consented, and a bill was drawn for
the joint debt, which Hansel! got accepted, and gave to the
defendant, who then gave him his acceptance for the amount
of his claim. In the course of a few days, however, the
defendant learnt what was the true nature of the transac-
tion, and he repaired without loss of time, to the young
gentleman, and returned to him tb,joint bill, declaring
that be would have uothing teNfil withThc matter. From

thence he proceeded to Hausell, and offered to repay him
the 331. cash, which he advanced in consequence of their
agreement, at the same time requiring that the bill he had
given should be returned to him. This, however, Haneell
refused to do ; but happening to produce it, the defendant
made a vain effort to regain it by snatching at it. A
scuffle ensued, and the bill got torn in half, the defendant
bring unable to get it. In consequence of this transaction,
the parties met at Bow-street, where enough transpired to
make Hansell think it prudent to get rid of the bill, and
he handed it over to the plaintiff, who now sued upon it.
The. Jury returned a verdict for the full amount of the
bill.

PREROGATIVE COURT, Dcc. 10.

MINN AGAINST ROBINSON AND ANOTHER, BY THEIR

GUARDIAN.
Dr. LusHIN GTON stated, that he had a special motion to
make in this case. The facts were extraordinary, and be
should refer to them shortly, before lie stated his motion.
The Learned Advocate then detailed the outlines of the

case. The testatrix was Mrs. Mynn, whose husband, a
party in this cause, had propounded a will, dated in June
last, whereby be took the whole of he personal property,
amounting to about 20,0001., and which revoked a former
will, made in November 1826. The attesting witnesses

to the latter were William Witney West, 111. D., Main
Wright, and Robert Hone. This will was propounded on
a common condidit. Dr. West and Mr. Wright were ten-
dered for examination. An affidavit had been produced to
the Court, in which it Lad been sworn by Dr. West and
Mr. Wright, the attesting witnesses, Mr. George White-
head, the drawer of the will, (late a solicitor), and Mr.
Wm. Mynn, that in August last, by direction of Mr. John
Myun, the party in the cause, they had inquired after
Robert Hone, the other attesting witness, and found that
he had left his residence at Hammersmith, on account of

some pecuniary transactions, on the 22d of July last, and
had never since returned ; and moreover that they could
not learn in what country he resided. He (Dr. Lushing-
ton) now offered an affidavit from Mr. Thomas Maltby, of
Harley-street, guardian to the minors interested under the
will of November, 1826, which stated, that since Michael-
mas Term last, when publication was decreed, the depo-
nent had made inquiry after the said Robert Hone, and
learned that he had not left his dwelling in June last, but
was ready at that time to undergo his examination as a wit-
ness; that W. M. West and T. Wright had seen Robert
Hone in June and July last, and conversed with him re-
specting the will; that West tried to persuade upon him
(Hone) to swear contrary to the truth ; that in November
and in the beginning of this present month, West and John
Mynn had endeavoured to prevail upon Hone to get out of
the country, so as not to be examined in the cause, and
proposed to pay all his expenses, and to give him a consi-
derable sum besides. The object which he (Dr. Lushing-
ton) had in view was, that the witness Hone, who he un-
derstood was new in C:.-nrt, might be immediately ex-
amined.
Dr. Bonstaav and Dr. DOMON, for the propounder of
the will of June, were ready to examina :.he witness : the
affidavit read was an highly improper owe-
The COURT directed the witness to be sailed to the bar :
he was sworn by the Court, and his examination was or-
dered to be taken immediately.
At a subsequent part of the day, Dr. LUMINGTON
msved the admission of an allegation in this suit, on the
part of Mr. Maltby.
Dr. BURNABY opposed its admission. He hoped time
would be given to answer the affidavit which had been
brought in. Some facts had come to his knowledge this
morning, which it would be desirable to bring before the
Court.
Sir J. Nrcnont.—lt will be open to you to plead new
facts in contradiction, if the allegation be admitted.
Dr. BURNABY then specified his objections to the se..
veral articles of the allegation.
Dr. DODSON, on the same side, contended, that, taking
all the facts alleged as tuts, there was no reason why the
deceased, who, by the will of November, 1826, left her
husband '7OO/. a year, should not subsequently leave him
all her property.
Sir JOHN Nicnott observed that it might smelt trouble
if he stated the general principle as to the admissibility of
the allegation in this case. There were two wills before
the Court, made by a married woman under a power; one
dated the 2d o f June last, was propounded by the husband,
the other by the legatees under that will. In the former,
the husband was named executor and universal legatee ; is
bore date nine days before the death of the testatrix. Iu
the other, dated the 2Sd of November, 1826, a considerable
annuity was left to the husband, but the real and personal
estate was left to her family. The husband's will had bee's_
proved in a condidit ; one of the attesting witnesses, who
had not been forthcoming, was produced by the executor
under the former will: so that the three attesting witnessta
under the last will were now to be produced, and if they
established the factunt of this will, there was an end of the
cause. But an allegation had been given asserting the
former will ; and it was necessary, in order to establish it,
to show an adherence to that will, and oppose the factum
of the last, by showing fraud, circumvention, or conspiracy
on the part of Messrs. West, Wright, and Hone. The
general tone of the present allegation was admissible for
these purposes. There were circumstances tending strongly
to show that it was highly improbable the deceased should
have made the last will, and there were indications of
fraud. How far these would be proved, must depend upon
the degree of evidence by which they were sustained,
and weighing against the facturn of the latter will, as
emanating from a free and capable testator. Where a
case of fraud and conspiracy is alleged, the Court must
take all the circumstances into its consideration. In
such cases there was generally clandestincity, and
the Court could get at the facts only by taking
into consideration the conduct of all the partite.—
Thus the alleged deception on the part of the hus-
band towards the wife before marriage, if true, would
render more probable the fraud set up. The Learned Judge
then went through the articles objected to, observing as he
went on, that there were marks of the deceased's adher-
enceto
say t
thatas executor
thehusband
b ofa nd the
(tw feorin dray Wto the will of November, 1826, up to May last,
seNsil afterl. Thehi
shortly before her death. Even the conduct of the' husband
after the date of the will was not immaterial ; it Was incon-
sistent with a supposition of its genuineness. He recog-
nised
the executor, Ai r.
Robinsonobday before the funeral Whitehead wrote a laconic note to
wife's death) had taken probate of a will. All this tended
to show a fraudulent conspiracy. How far these allega-
tions might be proved, or contradicted, or explained, the
Court could not anticipate ; but it was not disposed to shut
out facts tsr.:linz to show such a consr:racy. In this view
of the case, he was of opinion that the allegation was ad-
missible to proof.
Dr. Lusitistavost said, that the Court saw 90 plainly the
nature of the case, that he should waste time by saying a
word more upon the subject.

COLVIN Y. FRAZEn•

This suit respects the alleged will of Mr. Farquhar of
Fonthill ; by decree of the Court, monitions had beau
served on variour parties to bring in sundry exhibits.
Dr. PHILLIIIORE and Dr. LUSUIN32OII7 for Mr. John
Farquhar Frazer, the next of kin, objected to an affidavit
of Mr. Harry Phillips, the auctioneer of New Bond-street,

THE CHANCELLOR.--A certain witty lawyer,
in conversing with one of his brethren of the long robe, on
the late discussion in the Court of Cliaticery, on the sub-
ject of the appointment of Secretary to the Master of the
Rolls, observed that his Lordship should not be called Sia
ANTHONY HART, but Sir ANTHONY ABSOLUTY.
The tickets of subscribers to the collation to
be given to the Duke of WELLINGTON, at Buckingham.
this day week, were, we understand, two guineas each.
Preparations are making in the Town Hall for the cere-
monial of presenting an address to his Grace ; and Mr.
TREAcnr.a.'s stand which used to be fitted up at Stowe
races, is now fixing in the Hall for galleries to accommodate
the spectators on the occasion.—Buchs Chronicle.
Mr. RALPH TURNER, of Roeside, near
Chapel-en-le-Vtith, has a cow in his possession which, fen;
the last three years, has produced him two caves a year..
—Stockport Advertistr.
•
PRINTING;;L,AN4 WirERY..---The POPE,
it appears, has just written a letter to the Catholic Society
of Paris for distributing good books, in which he remark
that "there is scarcely any country which has not known,
from its own experience, the vast asemblage of evils that
march in the train of the unlicensed liberty of printing;
and yet this scourge still exerts itself with impanity."—

London "Weekly i2euiew.
MECHANICS' INSTITITTE.—On Wednesday
evening last the new building of the Plymouth Mechanics
Institute was opened for the purposes of the Society, when
an eloquent introductory lecture was delivered by Doctor
COOKWORTUT. —The President of the Institution, E.
LocKven, Esq. was in the chair, and there was a full and.
most respectable attendance. The Lecturer said, that the
object of a Mechanics' Institute was not to teach the weat-
hers every thing, but to give each individual an insight into
the principles which applied to his particular trade. Se-
veral interesting lectures were announced for delivery dur-
ing the winter. The new building is very siocious, 5551
well adapted to the purpose for which it is inte,nded.—
Devonport Telegraph.
HARLOWE, THE PA INTEII.—Thig clever
artist was very eccentric, and not a little affected. 1-frs
used to go to dinner parties in the dress of a field-officer,
and he was always ambitious of being taken for a military
man. Joni: KETtIBLU disliked the man and his affectation
so much, that he refused, even at the request of Sir rhos.
LAWAENCE, to sit to HAtaiLowe, giving as his only reason
—" Ido not like the man." llAaLown was engaged at
this time on his celebrated picture of Queen KA E.,
and finding that the grave actor persisted in his refusal to
sit, he went to the theatre when Krlttati played Wolsey,
and seating himself in front of the stage-box, made sketches
of his face in every change of its expression, and front them
composed the likeness in the picture, which it is needless
to say, is the best portrait of KEMBLF ever painted.
Lowy. used afterwards to say, in speaking of this, " B --.
I painted that portrait so well out of revenge."--..720),?d0n

'Weekly licvicto.
WELSH GAM.—The sweeping question put
by a Correspondent in the last Cambrian, respecting the
uninelesed Districts, met in the same paper, the only prac-
tical answer which can be given to such a question. The
Hill Farmers are remarkably astute touchiag their own
rights, and the metes and bounds of their respective farms
have been handed down by these Mountaineers through
successive generations, with a religious care. The Romans
had their Laree, their Jupiter Terminus, and their Naiads
of the Stream, 'for the protection of their Hearths, their
boundaries, and their water-springs. The ancient Britons
worshipped tha gen. druno.tia.na Cyluan Deities, at shrines
cheaply purified with lime, and white as their mountain
snow. It is of the nature of possessions in a wild country
that the freeholder (often a stranger to his inheritance)
should be ill-informed of his rights, but the habits just no-
ticed will generally supply ample evidence of acts of owner-
ships, which form an easy test whereby private freeholds
may be distinguished from commonable lands. A single
proprietor frequently possesses extensive districts of maim.
closed land, the pasturage of which he allots amongst
farms of his own, in the vioinity. Such land may, by a
superficial observer, be mistaken for Common, because it
is held by sundry farmers. Bat if it were Contmott. in a
legal sense, every freeholder within the manor would have
a right of intercommoning thereon ; the practice, there-
fore, will be evidence for or against the Lord. If all the
tenants of the manor have immemorially intercommoned.
thereon, be is, prima facie, entitled to the royalties, in-
cluding game ; if not, the land is as free from manorial
rights as ancient inclosures. This peculiarity in Wales
probably induced the Legislature to pass the Act a few
years ago, whereby the larger freeholders in the principality
are authorised to appoint as many gamekeepers a' they may
think fit, and the lesser may invest their more opulent
neighbours with a similar power over their lands; it is a
short Act, and a carnet analysis of it (which would be
easily made from the statute book) might edify your sport-
ing readers.—The Cambrian.
Extract of a letter from the Agents to Lloyds)
at Constantinople, dated the 6th ult. :—" This Govan-
ment has prohibited the departure of European veleta,
either for the Black Sea or the Dardanelles, no firmea
being granted for that purpose to Any flag whatever. A
strong southerly wind has been blowing for several days,
during which time not more than two er three vessels (and
those Austrian) have some up from the Dardanelles,
which leads as to conclude, that the vessels of war stationed.
there, have warned European Captains not to proceed fur-
ther under present circumstances. By advises from Smyrna
of the 30th ult. a part of the Allied fleet had arrived there
from Navarin, and some had gene to Alexandria. 1 Bend-
you a list of English vessels now here, as also of those that
are in the Black Sea :.---Skylark, Albion, Comet, Haft,
Susannah„ Comelune, and Elizabeth. In the Black Sea,—
Mary, Barry, Eastdon, Wm. Shawl
A Bogota Paper of tho 4th October has been
received at the North and South American Coffee-house.
: Aurora, Starling,
,
Tula, Elizabeth, Margaret, and Saray.
Guaya-
quil the Municipality persevere in their foolish pretensions
withtd
ereagurde t, t
itiheaut
unlawful
thefid last papers
othe
to exercise the Government of that department. It is
needless at present to enlarge upon the violation of the
illtaesitangtesatti
Constitution, the illegal assumption of attributing th
of Guayaquil; no one can attempt • ' to justify them 0 the
score of legality, but few would doll
Municipality es-
the score of
necessity. Since they have br so on pu relied a decree )n the
duties to be paid at the Custom-louse
of goods, the case has assumed a more oa
getrhioetisinsop.ertat,tioaas
the other citizens of the Lepublie of Colombia may he
made responsible for acts which they have not participated
in, ani which have not been within the controol of the
Government acknowledged by the 111 j ori ty of the nation.
It is imperative on the Executive to reduce to obedience
theee refractory authorities in the soutli—the time has ar-
rived when further condescension with their exorbitant
demands would, instead of beneficial results, be the mean::
perhaps of producing a 'similar spirit in other departments,
when the evil might be more difficult to crush. All trust
notwithstanding, that the intelligence of the Liberator being
at the head of the Government will render coercive mea-
sures unneceesary ; the disposition to yield to the people
whatever can be fairly ascertained to be the wish of the
majority that is known to characterize his Excellency, an
the certainty that their wished will be heard, and
theirthe in_
terests represented in the Gran Convention, will,hop e ,
hivethe effect of bringing them back to a sense of what
is die to Colombia, and of the discredit they are bringing
upon her in the eyes of foreign nations, by their strange
and unheard-of behaviour. Resistance they must feel will
be useless ; perseverance in their present mad schemes they
know must be impracticable ; nothing remains to them,
therefore, but to submit to the Government, and patiently
await the disenssion of their grievances by the only autho-
rity that is competent to alleviate them, and grant such of
their demands as are compatible with the welfare of the
rest of the sominitnity.
Dr. On Monday, in consequence of
of VICLUCTE
the resignationnoittuao, the President
of the senate, that Chamber proceeded to th
e election of
another in kis stead. After several semi • tales the choice of
the goe,se fell apart Genera; P. BE.IeCA 0 Ais:cnae, 100
iranlediateir afterward $ Rod occupied took the •ed tiaa

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