The Sun.
London, England, 1842-12-14 00:00:00

VALTRASS V. MALTRASS,

This was a suit as to the validity of a will made
subsequently to the operation of the new Will Act
(1838) by a resident of Smyrna. The will was
holograph, and signed by the testator, but it was not
attested, and the question was whether, under the law
applicable to residents at Smyrna, situated as this
testator was, the paper was or was not valid ? In
the allegation now offered for admission, it waspleaded
that, according to the Turkish law, no wills were
allowed to be made by Turkish subjects, but that
their property was divided amongst their relatives, ac-
cording to a fixed and regular proportion. But a
very material difference also arose as to the fact whe-
ther the testator was or was not an English, or whether
a Turkish subject. What was his history ? To com-
mence, as most histories commence, with the father—
his father was a man, who, eighty years ago, left this
country for Smyrna. He there obtained a situation
as clerk to the mercantile house of Leigh and Co.,
and, by industry and perseverance, subsequently be-
came a partner in the firm. He there married, and
several childre4 were the issue. Of these the testator
was the eldest, and when six years old, was sent to
England to obtain those advantages which an English
education can alone afford. At the age of fourteen
he returned to Smyrna, became clerk in the house of
his father, and following in his steps, subsequently was
the principal. For many years he there resided, and,
without again visiting England, breathed his last in
the same town in which he had drawn his first breath.
Was he then an English or a Turkish subject ?
Against the validity of the paper it was contended
that of necessity the testator was either a domiciled
subject of Turkey or of England—that if he was a
subject of Turkey, then he was not entitled to make
any will, and that if he was a subject of England,
then the present paper was not a valid paper, and must
be rejected. _ _ .

Dr. Pnluamoam opposed the admissibility of the
allegation, and her Majesty's Advocate and Dr. Phil-
limore, jun., supported it.
The COURT, adopting the arguments of the former,
thought that neither under the Turkish nor the Eng-
lish law could the paper be a valid will, and therefore
rejected the allegation.

COURT OF BANKRUPTCY, Dec. 13.
IN RE WHITMORE, WELLS, AND COMPANY.
The bankrupts in this case were the well-known
bankers of Lombard-street, against whom the fiat
issued in the month of July, 1841. The aggregate
amount of debts was stated to be about 260,0001.,
out of which a dividend of 6s. in the pound had been
paid up to the last meeting. The assignees had
proved against the estate of Daventry, Ryle, and
Co., of Manchester, for the enormous sum of
220,0001., on behalf of the bankrupts, when the above
firm of Daventry and Co. became insolvent, but of
this sum only ls. 6d. in the pound would be available
for the estate. This day being appointed for de-
claring a further dividend, a sum of 2s. more in the
pound was announced, making in the whole Bs. in the
pound paid to the creditors.
Several affidavits of debts were tendered in Court,
which were informal, when
The LEARNED COMMISSIONER observed that he felt
strongly inclined to reject those proofs, because the
parties tendering them neglected to comply with the
rules as pointed out by the New Bankruptcy Amend-
ment Act. He wished it to be publicly understood
that in all cases henceforth he would require the
strictest compliance with those rules, and when such
was not the case he would undoubtedly prohibit the
admission of the proofs.

CRIMINAL COURT.
CENTRAL
OLD COURT.
(Before the RECORDER.)
The charge against Patrick L. Strachan, against
whom a true bill was
found at the last session for
misdemeanour, having
been called on, and the de-
fendant
discharge of his recognizances,
appliedginte the Court to order that they
Mr.
PAYNEnota p pear i i )
might be estreated.
Mr. CLARKSON, on behalf of the defendant, wished
the Court would not accede to the application, as he
pwliazedcertiorari had been ap-
nworditouobft,
informed
for,
and
would,t h a that a
be granted.
Mr. PAYNE said it was usual to give notice to the
prosecutors of the intention to apply for a writ of
certiorari, and they had not received any such notice.
The RECORDER thought that many cases were re-
moved from this Court, which, if the Learned
Judges who granted the certiorari were aware of all
the facts, would not be so. He was of opinion that
this was the proper Court for the trial of such
offences, and no more fair tribunal could be found, in-
asmuch as the Jurors were selected from all parts of
the county.
The defendant was then called upon his recog-
nizances, and no answer was returned.
The RECORDER inquired the amount of the bail,
and he was informed that the defendant had entered
into his own recognizances in 5001., with two sureties
in 501. each.

The bail were then called, but they, also, were nol
;o be found.

The recognizances were then ordered to be estreated

NEW CO URT. :
THE WESTMINSTER LOAN SOCIETIN—Aaron
Smith and John Shiels, late Managers of the West-
minster Joint-stock Loan Society, surrendered upon
an indictment for conspiracy in charging a person of
the name of Boast of felony.
Mserc.utn
Clarksonio,and Mr.
and Mr. Bodkin appeared for the
prosecution, Ballantine and Mr. Huddlestone
for the defendants.
Mr. CLARKSON said the facts of the case were briefly
these. The prosecutor was a person who had frequent
bill transactions with the Westminster Loan Society.
In the latter part of last year differences arose be-
tween them ; some proceedings were taken before Mr.
Henry, at the Union-hall police-office, Boast being
the prosecutor. • On one occasion that Boast visited
the defendants, he by accident dropped a bill of ex-
change, drawn up by himself, but whth was not ac-
cepted or indorsed. Subsequent to this, a bill of
exchange was taken by the defendant Smith to a
iv,
Captain Cole, who had often lent the prosecutor his
name, and was his intimate friend. Smith produced
the note with the signature " Robert Cole" attached,
and said, is that your writing ? and he said at once
that it was not. Smith then said, " Oh, then it is a
forgery," and went away. Next day the prosecutor
in
for-
gery, and committed for trial. The Grand Jury,
howtheivsecr,asiegnwoasredg
theen in custody on a charge of
bill and this indictment was
therefore instituted against the defendants.
Several policemen were called to urove the facts as
they occurred at the police-office.
Captain Robert Cole stated that he lived in the
Kennington-road. The prosecutor was his friend,
and was a surgeon, residing in the Blackfriars-road.
The bill produced was not signed by witness, and the
signature, "David Boast," was not the signature of
the prosecutor. _

Evidence was then
tendered, showing that malice
had existed on the Part of the defendants against the
prosecutor, and on one occasion Shiels said he would
transport Boast, if it cost him 20,0001. -
David Boast was called and corroborated the evi-
dence of Captain Cole.
On cross-examination he admitted having been a
bankrupt four times,
and once passed through the Insol-
vent Court. His debts in the first bankruptcy amounted
to 8,000/. He did
not know that any dividend had
been paid. In the beginning of this year he went out
of the way. It was
not because a charge was made
against him of forgery. Would not swear that he had
not been accused of forgery. Would not swear that he
had not accused a person of adultery with his own wife,
that person being now in the closest intimacy with
him. Declined saying whether he had lived in adul-
try himself. His wife was living, but he did not live
with her. He had been married 26 years.
The CoMMoN
would be better for all parties if the case were with-
drawn. SERGEANT here suggested that it

the Learned Counsel consulted together for some
time, and

Mr. CLARKSON said he would, on the part of his
client, withdraw the indictment, if,
a promise were made that uo further proceedings
should be taken. on the other side,

Mr. BALLANTINE said he would promise that no
further proceedings should be taken.
The COMMON SERGEANT said he did not think the
case could be made out if proceeded with.
Mr. CLARKSON said he felt it to be his duty to state
that he did not entirely rest his case on the evidence

of Boast, which the Jury might think doubtful,
after the disclosures which had been made.
The COMMON SERGEANT—I think it not a very
creditable affair to any of the parties.
Mr. Alderman FAREBROTIIER—And to show what
we think of it, we will allow no expenses.
The case was then withdrawn, and the defendants
liberated.

POLICE INTELLIGENCE.
BOW-STREET.

A young man, of gentlemanly appearance and ad-
dress, named Lewis Knight Bruce, and who, it was
said, was the son of Sir James Knight Bruce, was
placed at the bar yesterday before Mr. Jardine,
charged with having wilfully broken two squares of
glass, value 4s. each, in a window in Holywell-street,
Strand, under the following circumstances :
George Clerke, an errand boy in the service of a
person named Patterson, whose house in the above-
named street has of late become somewhat notorious

in consequence of blasphemous placards being exhi-
bited in the shop window, stated that he was inside
the shop about one o'cicck in the afternoon, in the
act of serving a customer, when he saw the defendant
standing outside and smearing the glass with dirt,
which he picked off the stceet with his stick. He
instantly went out to desire him to desist, when he
smashed one of the panes against which a paper was
exhibited with the stick he held in his hand, and then
took out the paper, at the same time telling witness to
remove another placard from another part of the
window or he would smash that also.

The defendant here said he unfortunately did not
succeed in possessing himself of the second placard.
Witness then took the second paper from the win-
dow, which the defendant tried to snatch from him, but
did not succeed, and having followed him to a pastry-
cook's shop in the Strand, he called a constable and
gave him into custody.
The defendant said he had merely retired to the
pastrycook's to give a gentleman some refreshment
who had expressed his disgust at the abominable ex-
hibition.

Witness, in continuation, said his master vs as from
home at the time, and the defendant told him if he
(witness) was a little taller he would smash him with
his stick. Each pane was worth 45., which was the
price paid for them when they were broken on a former
occasion.

Pierce Rice, a fruit-seller, 52, Holywell-street,
proved he saw a mob round the opposite window, in
consequence of the defendant talking about the blas-
phemous placards, which he said he would have taken
down, but upon the last witness saying his master
was not at home, the defendant then said—" I shall
take them out myself." He then deliberately lifted
up the stick and gave the window a good tap, eo as
to break it, without, however, doing any further in-
jury ; and having torn down the placard he handed
it to another person in the street, and the defendant
subsequently tore it up. After remaining for some
time asking for the police, that the boy might give
him in charge, as there was no constable at hand, de-
fendant walked away into the Strand. The boy ac-
cordingly followed to look for a constable, and witness
having seen the occurrence, thought it his duty to
come forward and give evidence.
The defendant said he would feel much obliged if
the Magistrate would read the placard.
Mr. Burnaby, the chief clerk, having placed the
fragments together, laid them on the bench for the
Magistrate's inspection.
The defendant assured the Court that the contents
of it were mild comparatively with the others which
were exhibited in the other parts of the window, and
in the interior of the shop, for they were of such an
awful character as to make the hair stand on end of
any person who read them. He was actuated by a
laudable disgust in the part he had taken in the
matter, and he had no hesitation in declaring he would
have thrashed the master of the house had he met
with him. He was glad at what had happened, as it
would bring the matter to an issue, and particularly
as he saw some poor ignorant persons drinking in
such putrefaction ; yes, it could be called nothing but
a horrible putrefaction, and he considered he was but
doing a duty he owed to the public in destroying such
exhibitions. He was passing by chance on his way to
his father's, and not being able to restrain his feelings
before he committed the act, he was not prepared
with any witness. Whatever the damage was, he
would willingly pay if the Court thought proper, but
he would again assure the Magistrate, that the placard
produced was holy and righteous, compared with the
other which still remained in the shop.
Mr. JARDINE, having read the placard, said he was
not at all surprised at the course the defendant had
taken, and for which every excuse might be made.
He was exceedingly glad Mr. Bruce had acted in such
a manner, because it helped to bring the matter im-
mediately into Court, for which the public ought to
thank him, as through him there would be no diffi-
culty in bringing the case home to the parties who
published such placards. He hoped Mr. Bruce would
have no objection to lend his assistance in following
up the prosecution, and for what he had done he
would inflict no fine, but direct that he should pay
for the damage he had done.
Mr. Bruce immediately paid the money, and
Mr. JARDINE requested him to mark the pieces of
the bill, in order that he might identify them on an-
other occasion.

Mr. Bruce complied with this request, and was
about to leave the Court, when
Mr. JARDINE told him that he had ordered the
money for the windows to be paid into Court, in order
that the proprietor might come and fetch if he dared.
Mr. Bruce said he should have great pleasure in
giving all the assistance in his power, in order that
the ends of justice might be compassed, and having
thanked Mr. Jardine for his kind attention to the case,
he withdrew.

DEXTEROUS CAPTURE OF
POACHERS.

A very short time ago, consequent upon a well-laid
train, two of the most audacious poachers in this dis-
trict were captured at Washington, in thii locality.
Information having been obtained by the constituted
authorities here, that two of the most notoriously des-
perate characters that have infested this range for some
time past were prowling about near at hand, their lurk-
ing-place was ferreted out by our active rural policeman
and assistants ; but from the daringly reckless charac-
ter of the gang it was deemed advisable to delay any
attempt to capture until a strong force was mustered,
for which purpose a messenger was dispatched with
the intelligence oftheir being found out, and, at the same
time, a request was made to the agent of the Perthshire
Game Protection Association here that a strong force
might be dispatched without loss of time. Accord-

ingly, the recruiting party of the 93d Highlanders,
stationed here, consisting of a sergeant and three pri-
vates, were sent off to the scene of action without a
moment's loss of time, and very soon thereafter joined
the policemen. After stationing a part of the force
round the house to render futile any attempt at es-
cape, the sergeant and his men went in and demanded
if those they were in pursuit of were within ? and
were answered by the inmate in the negative ; but, of
course, discrediting this statement, their warrant
was produced, and a search determined on, which
proved unsuccessful in the first instance, but on
their entering another apartment, in which was a
closed-In bed, and on casting a glance in that direc-
tion, there the two delinquents were seen snugly
ensconced, enjoying a very sound and no doubt
refreshing sleep, as it appeared from the head
of game stowed in a closet in the room that they
had had a pretty hard, as it was certainly, a suc-
cessful day's sport. The soldiers went close to the
bed, presented their fire-arms, and demanded them
to sit up in bed and allow themseives to be handcuffed.
which they had no alternative but to submit to,
although accompanied by a good many threats and
shrugging of the shoulders. On their being band-
cuffed, a search was made in the room ; and in the
closet above referred to were found two double-
barrelled guns, both barrels of each gun loaded,
six pheasants and five hares, procured of course by
illicit means. On their being secured, they were
ordered out of bed, unshackled, and requested to dress,
which they did, and were then marched off to' this
town, where they were kept in custody all night, and
sent off to gaol next morning.—Perth Advertiser.
In Scotland, therefore, where, as we learn from the
report of the Renfrewshire meeting, people must starve
or break the law, poaching seems by some classes
to be considered tantamount to murder. If these
men, instead of having killed a pheasant, or snared a
hare, had slain a fellow-creature, what stronger lan-
guage could be used than that of this paragraph, and
what more vigorous measures could be taken than to call
out the military to apprehend them. Does the Com-
mander-in-Chief tolerate such an employment of
soldiers ? Does the community submit to an income-
tax that an army may be kept up for the protection of
the landlords' pheasants against starving men ? We
have not of late met with many paragraphs more
pregnant than this with the conviction that there is
something essentially wrong in our political regula-
tions.—ED. Sun.

FALL OF A GRANARY.—On Thursday evening,
about twenty minutes past seven o'clock, the people
residing in York-street were startled by an extraor-
dinary crash, accompanied by a simultaneous shock,
as if produced by some subterraneou3 convulsion. On
inquiry, it turned out that the alarm had been pro-
duced by the fall of a grain store, situated to the rear
of the elegant and substantial bonding warehouses in
York-street. The building which was thus unexpec-
tedly levelled with the ground, was of considerable
extent, being four stories in height, and about forty-
six feet in length, and, at the time the casualty took
place, contained a large quanity of grain. The loss
we have heard estimated, altogether, at between 4,0001.
and 5,000/. ; upwards of 2,0001. will, it is stated, be
required to restore the building. Fortunately, no
person was injured.—Glasgow Paper.