The Sun.
London, England, 1845-04-08 00:00:00

' 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
by the defendrnts, Richard M'Pherson, Samuel Tomkins, and
William Allen, in the Prerogative Court of Canterbury.
The -bill stated that the testator was horn in 1760, at.
East Chinnock, Somersetshire, and that at the date
of his will lie 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 he had one son by her, the defendant William Allen;
that lie afterwards intermarried with her, and that Susannah
Allen, aftcrwatds 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
Chinnock, and in the welfare of the plaintifi; 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 char4ed,
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 he 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 he 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 him by the
testator, in and by his will and other codicils, or any or either
of them, without revocation thereof by the ninth codicil ;
and that the defendants, Richard M'Pherson, Samuel Toni-
kins, 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 4,000/. 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 2,0004 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 for his
benefit, and that the clear residue might be ascertained, and
one-third naid and transferred to the plaintiff for his use and
benefit. The defendants, Richard APPlierson, Samuel Tom-
kins, and William Allen, pet in a general demurrer to the
bill and the whole of the discovery—first, for want ofequity ;
and, secondly, for want of parties, because the plaintiff had
not made Nathaniel Bartlett a party to the bill, or prayed
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 llth of Nov.,
1842. The present was an appeal against that reversal.
Mr. KINDERSLEX, before the recess, was heard on the part
of the appellant; and to-day
Mr. J. RussEr.r. and Mr. J. TURNER were heard for the re-
spondents.
Mr. Kindersley will reply on Monday next.

COURT OF CHANCERY, April 7.
The Lord Chancellor did not sit to-day, in consequence ol
Laving to attend the House of Lords.

ROLLS' COURT, Apr il 7.
The Master of the Rolla having been requested by the
aord Chancellor to attend the House of Lords, did not sit in
ils Court to-day.

VICE-CHANCELLORS' COURTS, April 7.
(Before the VICE-CHANCELLOR OF ENGLUND.)
His Honour the Vice-Chancellor of England, this being
the first seal, sat in his Court in Lincoln's Inn, and took mo-
tions to-day, none of which were of interest to the public.
(Before the Vice-Chancellor KNIGHT BRUCE.)
ELLIS V. GOODSON.
IBS Hosouß 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 WIGRA3I.)
His HONOUR gave judgment in Mayhew v. Edwards, and
afterwards heard motions, it being the first seal.

COURT OF BANKRUPTCY, Appal'.
(Before Mr. Commissioner SHEPHERD.)
IN RE WILLIA3I BAKER.
Mr. William Baker, merchant and general dealer, betiding
at Oundle, in the county of Northampton, appeared on the
summons of Mr. Thomas Thorpton, in the same county
Mr. das it did not contain a proper description of his business and
tNermyass,ofwthhoe aspapnennaroel foserrllvlerd Bonaktehre,
dteofoekndivaibj
ntinecatsimon to
the inasmuch
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, came
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 Horrourt decided that there were not sufficient groinds
pcbcla
case, an
dealer,THOMASriatr n..Thaisp Sturgeon,Fwpß
insolvent,E Neaa
for the objection, and granted the defendant his final order.
was his
ehnedai :nob'
finaldne
hdhae ssfec
xori:
faebi
nttei
neoi
annt
prin-
cipal
ohfo
t ni
The party in thtewhidls:
as he enhde dphrtleoltl%ee,
aca sst i ooanpsptoosrfa
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 lie had applied for the
protection of that Court he was going about the town
flourishing a 1,000/. 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 HONOUR stated that sufficient had been advanced to
induce him to refuse the anal order.—The case was then ad-
journed sine die.

CENTRAL CRIMINAL COURT.
OLD COURT.
The sixth session of the present mayoralty commenced this
morning, at the Old Bailey, before the Lord Mayor, the Re-
corder, Mr. Alderman and Sheriff Sidney, and Mi. Alderman
Hughes.
The calendar is unusually heavy, there being no less than
224 names down for trial. Two of these cases are for mur-
der : one of them being Thomas Henry Hocker, who is doubly
'indicted—first, " for the wilful murder of James Delarue ; '
and secondly, for " a robbery on James Delarue, and steal-
ing one watch, one ring, and 12 sovereigns, his goods and
moneys, and immediately before said robbery wounding said
James Delarue." The second murder is that of an infant
child by its mother, Ann Pendry. There are two cases of
bigamy, five of burglary, two of cutting and wounding, three
of forging and uttering forged instruments, seven of house-
breaking and larceny, two of skeep-stealing, and one of rob-
bery from the Post-office. Robert Bannister, the draper of
Portsea, who, it will be remembered, was brought in custody
from the island of Madeira, stands indicted for unlawfully
obtaining goods with intent to cheat certain of his cre-
ditors. The remaining offences are of a minor charac-
ter. Of the total calendar London furnishes 57 pris Middlesex 108, Essex 8, and Kent 22. A considerableaddi-
tion will no doubt be made before the end of the week, and
among the names added will be that of Joseph
_C_o_nnor, com-
mitted on Saturday from Bow-street, for the wilful murder of
Mary Brothers, in George-street, St. Giles's.
sworn,cliarg them as follows :
Gentlemen Grand Jury
phraeveienegdebdeento
je
ruarliy' thing more than the
ordinary Gen t lem eine
interval
It7ehle t
hGarta ngden
—Something
-a-lls between these see-
thepresent
w e have in consequence an increased
sions having occurred,
number of charges in
indictments; but I
have been committed since that understand tchaai
et
nld6a r additional pr prisoners
tmoaskuipnpgoase httotaalt of 240. indictments. You are not, howeYer,
therear.e 240 prisoners; there are, probably,
not more than 172 ; several of them have been committed
for
the same alleged offence, but charged on different counts. The
number of prisoners on the calendar will, no doubt, receive
wso eeme
.addition in the pre,gesa of your labours throughout the
yvk A gregt number of cases of minor importance have
been transferred to the jurisdiction of the Middlesex magis-
trates, under the direction of the functionary nominated As-
sistant-Judge of the Session, but as these cases are of the
least complex character their withdrawal from the face of the
calendar will not, in any great degree, lighten your labours,
or shorten the term of your attendance to these duties. lam
sorry to say that there is nothing very encouraging in -the
general aspect of this calendar. Crimes of the greatest
enormity are presented, and among others there are two oases
of murder, which have already attracted hat, to lunch of ih^
public notice, through the medium dike press. t -92aQ10 that Tour miudsSheuld tot divest'

NAVAL INTELLIGENCE.
Poirrsmount, APRIL 6.—The Eagle, 50, Captain G. Martin,
C.B. (with the flag of Rear-Admiral Inglefield, C. 8.), sailed
on Sunday for Rio Janeiro. •
The Resistance, troop-ship, Commander Patey, returned
from the Downs on Monday, having lauded the 74th Regi-
ment at Deal. She was towed into harbour the same day
to refit. She will embark the 49th Regiment (from Win-
chester) on Tuesday next, and convey them to Plymouth,
where the regiment will disembark ; the Resistance will then
take on board the 44th regiment, and convey them to Cerk,
and thence convey a regiment to Gibraltar.
The Scourge, steam-frigate, arrived on Thursday from
Sheerness, under the charge of Mr. Easte, Assistant 'Muter
Attendant, and a party of seamen from the Ocean, and came
into harbour, to be fitted for commission.
The Styx sailed from Malta on the 27th ult., and may be
expected daily, having obtained pratique at Malta. She
will land dispatches anti passengers at Portsmouth without
delay.
Tile Apollo troop-ship, Commander Radcliffe, will embark
two companies of Royal Artillery on Wednesday next at
Chatham, for conveyance to Canada.
Admiral Sir John Talbot, G.C.8., is to succeed to the
command at Plymouth, on its relinquishment by Admiral
Sir David Milnes, G.C.8., whose term expires on the 22d
instant. The Queen, 110, which was commissioned at Chat-
ham, on Thursday, is destined for Sir John Talbot's flag, and.
Viscount Ingestre is to to the Gallant Admiral's Captain.
She will be commanded in her experimental cruise by Capt.
Sir IV. Symonds.
In Harbour—The St: Vincent flag-ship, the Victory, the
Excellent, the Resistance, the royal yacht, the Nautilus, and
the steam-vessels Echo and Comet.
In the Basin—The Rodney, 92, fitting for sea; the Trin-
comalee, preparing for razeeing; and the Scourge steam-
sloop and Siren brig fitting for the pendant.
In Dock—The Hibernia, 120, fitting for seat the Prince
Regent, razeeing; the Harlequin, refitting for the pendant;
the Athol troopship, fitting tier surveying service; and the
Fearless and Centaur steamers, the former refitting, and the
latter building.
6.—The Fearless steam-vessel, Commander Sher-
ringliam, having nearly completed her refit, was undocked
yesterday.
The Comet steam-vessel, Lieutenant •Commander Prety-
man, left yesterday for Sheerness and Chatham, taking to
the former place Mr. Easte and the men who navigated the
Scourge to this port, and to the latter place men and war-
rant-officers appointed to the Queen.

__—
PROMOTIONS.
Commander W. P. Roberts (1812) to be retired Captain.
Lieutenant J. Foote (1835), late beg to Rear-Admiral
Thomas, to be Commander.

A Proiniv:EN rs.
Lieutenants—G. R. Woifige and W. Bloorsom to the Ex-
cellent ; 0. Cumberland to the Queen.
Masters—T. Richardson, to the Vernon ;J. A. M'Bean
(second), to the Terror • F. J. Rent (second), to the Lizard;
G. A. Stabbe (second), t'o the Hibernia ; G. Angier (second),
to the Vanguard ; J. J. Colman (second), to the Apollo ; R.
Sturgess (assistant), to the Hibernia.
Surgeons—T. H. Keown, to the Vesuvius; G. I. Walsh
(additional assistant), to the Poictiers, for service at Melville
Hospital ; W. M'Mahon (assistant), to the Fearless ; W. D.
Kerr (assistant), to the Speedy E. Lawless (acting assist-
ant), to the Vesuvius; J. T. Caddy (acting assistant), to the
Victory, for service at Haslar; W. C. Torrance (acting as-
sistant), to the Stromboli ; T. Soccombe (actin assistant),
to the Lizard ; J. M. •G. Steele (additional acting assistant),
to the San Josef, for service at Plymouth Hospital; S. Bow-
den (acting assistant), to the Spy.
Paymaster and Purser—J. Marsh to the Melampus.
Chaplain—G. Bryan, to the Melampus.
Mates—H. A. Clavering, to the Pandora; R. Jenkins, to
the Hibernia ; H. D. Selby (acting), to the Excellent.
Clerk—R. W. M. Jones, to the Vesuvius.
Midshipman—G. Trevenan, to the Eagle.
Naval Cadets—C. W. Boynton, and F. A. Renner, to the
Hibernia; A. F. Gregory, to the St. Vincent.
COAST GUARD.
Appointments—Commander 0. Oates, to be inspector of
the Gosport district, vice Ramsay, period of service ex-
pired; Commander J. T. Talbot, to be inspector of the
IVhitby district, vice Robinson, term expired; Lieutenant
Elwin, to command Southampton water station, vice Liddon,
removed ; Commandet J. S. W. Grandy, to the Active
cruiser, Portsmoutb-liarbour station, vice Elwin ; Lieutenant
C. Goldshith, late of the Shamrock cutter (paid off) to a
station.
Removals.—Lieutenant W. Hole, from Belfast, to the
Weston-super-Mare, vice Glinn, resigned; Lieutenant R. G.
Jeffry, from St. Andrews to North Queen's-ferry station;
Lieutenant J. Allen, R.N., from Challabrough to Portsmouth-
harbour station, vice Grandy; Lieutenant H. Collins from
Blythe-harbour to Jarroquay station; Lieutenant W. H.
Goslin, from Roundatone, to north Isle' of Arran, vice Freyre,
removed.
DEVONPORT, Arms, 3.—The Daring, Espiegle, and Flying
Fish are in the harbour, refitting with all expedition for
foreign service. The current report is, that the Daring is
for the Coast of Africa; Flying Fish, the West Indies; and
Espiegle, for the East Indies. They will be in the Sound
in a few days for their final orders.—The rclay, tender,
brought some supernumeraries from Portsmouth on Mon-
day.—The Dublin, 50, Captain J. T. Tucker, arrived from
Portsmouth on onday, and has come into harbour to be
ofr:rsnjeorustelyi on
peritleunndwerr,arairersi,vaenddfrosamilerd
Wednesday,Paid °lI:
' Emerald,Tlie i
t
Thursday.

In Harbour—The Caledonia, San Joss; Albion, Canopus,
Vanguard, Surtrb, Dublin, Melampus, Grecian, Daring,
Espiegle. nying Fish, Pandora, Petrel, Netley, and Sylph.
tetrk.rs; the Confiance steam-vessel; the Diligence naval
transport; and the Tortoise and the llamoaze navy lighters.
In the Sound—The Vesuvius Dutch steamer.

THE QUEEN AT OSBORNE HOUSE.—It is not ge-
nerally known that the Queen purchased this fine pro-
perty last year, but with a saving clause to the effect that
PSt lon ft ar
3bri ancgk aa
as fine
to Df lect bl 'e
rshe
emight
bite. srheelitelviseldikferd it, u
om it.
a regular notice not to become the purchaser, through her
as oalti
oc
iiyt oarr,d Edward
eveat,
the White,
Lad Eysql.
sablenilaßlackford
consequence
bad
of this
adopt new exertions, and Mr. George Robins was fully
instructed to proceed in last January to view
the estate, and to try his captivating power of description
to get a worthy successor to her Majesty by a sale
in July next. The snow on the ground, and con-
tinuing frost and cold, inclined him to delay bis visit,
when, to his no small surprise, a fortnight since he was
commanded not to proceed, the Queen having altered her
mind, and actually become the purchaser. Mr. Robins has
to console himself for the loss of commission on Osborne
estate by the sale of Thornhill Park, not far distant, sad
its beautiful demesne ; the edifice, it is said, exceeding in
splendour Osborne House. Mr. Hogg, the late M.P. for
Southampton, incurred an expenditure of 30,0004 on the
mansion and offices alone, and with it appendages and
the farms he has consumed 50,000 guineas at least.
The far-famed Hotel at Slough has again resumed
its spirited and active operations. Monsieur Dotesio has
put forth a well-digested announcemenr in our journal
this evening, stating his claims to public patronage, and
from the style and tact that is so evident throughout,
it is amongst the "on dits" of the Royal Hotel, that
George Robins has had a finger in the pie, or in other
words, has played first fiddle in the composition. We
believe Dotesie is well justified in his assertion, that it
is "La Premiere Maison toujours Digne d'un pubic
Anylais;" and this year's experience has proclaimed that
both comfort and moderate charges are now conspicuous
in every department.
Died et his house, N 0.3, Gloucester-street, Queen-
square, Bloomsbury, on Friday last, lain a short inmost
Peter Forrest, Esq., for many Yea" a reporter on the estab-
lishment of the 2literning 4,1
•-• 7ertiser Mr. Forrest possessed
a warm heart and P
duet was ch^ .serous nature, and his uniform con-
- -
...racteri:'sed by integrity and straightforward-
ness
• . .dis death is deeply regretted, not his onlv bylate
within the circle
,
15t
.... i Colleagues on this establishment, but by all
He was in his J year....
.. am most 1 of an extensive acquaintance.
. 0.4 of all prejudices Advertiser.

.xbibed from anything heard or read -4-dirse walls; tiaAL,
that your afftllittar Stinutrbirgrilu ly directed to the faCti
the cases as they shall be laid before you. Ido net mean to-
say that the publication of these cases should have the effeci"
of prejudicing your minds, but you have to ascertain, vrithat
reference to anything that may have passed elsewh
whether there is sufficient evidence to `constitu4 ss,;ehittge
against the parties. The cases to which I advittOare so no-
torious as to render any particular allusion to them wholly
unnecessary. I mean the case of murder committed at
Hampstead, and that more recently perpetrated in the
parish of St. Giles's, in which latter case the prisoner was
only committed on Saturday. Gentlemen, I do
not think I should be advancing the interests of public jus-
tice were I to refer to the evidence, or to make any com-
ment upon the evidence taken in either of those cases. The
facts will appear before you, and you will have to judge ac-
cording to the evidence; at the same time I feel it is my
duty to say, that as regards your peculiar province I can en-
tertain no doubt that You will come to the proper conclusion
in both these cases. As soon as it shall be proved to your
satisfaction that the murder has been committed by some one,
and the facts lead you to infer that the accused is the partv, then
it is incumbent upon him to prove his innocence. The law
upon the subject is very brief and pointed: The fact of the
commission of the offence by some one having been first
proved, the question of his innocence must be satisfactorily
proved by the prisoner. The law presumes that murder is
founded in malice unless the contrary appears in the facts of
the case. Now, the rule as laid down by the law and pray:
Lice in reference to malice is this. The law by the term
malice holds that the effect had been intended of wickedlvde-
priving a fellow-creature of life, and the fact that such killing
has taken place under certain circumstances carries a plain
indication of a heart regardless of social duties and indifferent
to the commands of all law. lf, therefore, you find that the
party charged in the indictment destroys life under peculiar
circumstances, it is perfectly reasonable that the proof of jus-
tification should rest with the same individual. lon will rea-
dily understand that cases may occur where death may arise
from violence, in which no higher verdict than that 01 mar-
slaughter or justifiable homicide can be recorded. 1 mention
that merely to explain my argument, and not because it has
any applicability to these cases. There is also a case of
infanticide, where a young woman is charged with destroy-
ing her infant at the time of birth. On this subject there is
annexed a condition by Act of Parliament applicable I think
to this case. It orders an inquiry as to whether there are
circumstances indicative of a determination to destroy life, or
whether the purpose has been that only cf concealment of
birth. There may be circumstances which indicate in some
measure that the woman charged is the cause of the death
of the child by some act of hers, but in order to bring her
under the operation of the law on the charge of murder, it `
must be proved that that death was wilfully intended, and
caused by some wilful act. If a woman delivers herself of a
child, and by Secret burying endeavours to conceal the fact of
the birth, she is liable to imprisonment, with or without
hard • labour, in any of her Majesty's gaols, for
a term not exceeding two years, and thus you
will be enabled by the discretionary powers allowed
you, where the party is indicted fir murder, and
where the evidence will not carry that indictment out, to re-
turn a true bill fur the concealment of the birth. I think
that that discretion may be wisely exercised in this case, for
with the exception of a trifling mark upon the head, there is -
nothing to indicate that any violence has been used to the
infant. That mark is also simply accounted for by the very
peculiar circumstances attending the birth ; and on looking
at the depositions, it does appear to me to be the most slender
case possible to support a charge of murder. There are also
charges in the calendar of child-stealing ; of attempts
to rob from the person ; of receiving stolen goods ; of
housebreaking ; of forgery ; of uttering counterfeit coin ;
and, in fact, crimes of all shades and character, and with
which criminal courts are but too conversant. Let us, then, •
rest entirely on matters of fact. I do not think that you
require to be particularly instructed upon them. Gentlemen,
I am sure, in dismissing you to your duties, that you will
allow no unnecessary delay, at the same time that you give
every case that grave and earnest attention it merits.
The grand jury was then dismissed, and the petit jury
sworn in.
A number of cases of felony were disposed of during the
day, and the Court adjourned at five o'clock.