The Sun.
London, England, 1829-07-15 00:00:00

BOW-STREET.

Yesterday Richard Breadcutt, the old man who
has undergone several examinations, on a charge of
having attempted to murder an old woman, named
Allison, and her daughter, Bridget Hogan, by beat-
ing them with a poker, was again brought up; the
women had recovered sufficiently from their injuries
to attend and give evidence.
Several witnesses were examined, but nothing of
importance was elicited in addition to what we gave
of the first examination.
The prisoner was committed for trial.

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY 14.
TRIMLESTON V. TRIMLESTON.

Mr. HonNE (with whom was Mr. Perry) sup-
ported an application to the Court for having a sum
of money which had been paid into Court by the
Commissioners for liquidating the claims of British
subjects on France, paid out to the present Lord
'crimleston, who put forward his pretensions in the
character of heir-at-law of his father the late Lord.
The question arose upon the effect of the construc-
tion of the Act of the 59th of the late King, c. 31,
respecting the liquidation of the claims of British
subjects on the French Government. By the several
conventions entered into between this country and
France respecting those claims, two sums of capital
stock, producing together an annual interest of
6,500,000 francs, were inscribed in the great book of
France, to satisfy such claims as should be satisfac-
torily made out. At the time of the French revolu-
tion the late Lord Trimleston was possessed of a
large landed property in Languedoc, which was se-
questrated, and the possession of it wholly lost to him.
At a subsequent period he made his will, by which
he bequeathed his personal estate to his Lady.
When the claims came to be adjusted under the con-
vention, the Commissioners having ascertained the
nature of Lord Trimleston's property, and its value,
made a large award in respect of it; and to the sum
so awarded various persons pretended a title. Lord
Trimleston, as his father's heir-at-law, claimed, on
the grounds that the property, being of the nature
of freehold, and Lord Trimleston being a subject of
this country although living abroad, he would hare
taken it if it had remained undisposed of, as he con
tended it was, by his will. His Lordship's counsel
now argued his title to the sum in question.
Mr. BEAMES, for the Dowager Lady Trimleston,
insisted, that after the sequestration, the property in
the land was wholly lost to Lord Trimleston.
Mr. HORNE replied, and judgment was postponed.

COURT OF KING'S BENCH, JULY 14.
ROIVSELL V. KNIGHT AND ANOTHER.

The plaintiff in this case had bound his son ap-
prentice to the defendants, who were pawnbroker:,
in Shoreditch, for four years, and the defendants had
received with him a sum of 5/. from the parish of
St. Giles. One of them quitted the business six
months after the indentures were executed, and at
the end of a twelvemonth the apprentice was, as he
stated, dismissed by the other partner, who would
not allow him to remain any longer, To recover
damages, therefore, for the dismissal the present
action was brought.
Verdict for the plaintiff—Damages 40/.

COURT OF COMMON PLEAS, JULY 14,
CARPENTER V. STEWART,
This was an action of assault and battery.
Mr. Serjeant Wtpirp. stated the case for the plain-
tiff. lie said that this was not a case in which he
should call for excessive damages. All his client
wanted was remuneration for the insult and injury
he had received. The Learned Serjeant then de-
tailed the facts of the case.
Verdict for the plaintiff—DamWs 1Q

PREROGATIVE COURT, Jur.v 14.
7.4;Lf.STON AGAINST TRIMLESTON.
Dr. LUSIIINGTON applied for a decree recalling a
probate granted by this Court, under the following
circumstances :—The late Lord ViscotAnt Trimleston,
of Ireland, died in 1813,1eftyiug a will dated in 1812.
This will was disruted. in the Prerogative Cotwt of
A'••• • - • • -
Aran; h, and the suit has continued eve; sku,c.e. An
administration, pendente lite, haA hem granted b).
that Court ; subsequently t,9, whichtho will had
been in effect set hythe issue of a cause in the
Court of 1 ipg's bench, Ireland. Nevertheless, the
Dowager Lady Trimleston had produced the admi-
nistration from the Court of Armagh, and had ob•
tained a probate in this Court.—Motion gr?,uted.
HARRISON AGAINST SIViE.
The question in this case was of a nice and pe-

culiar kind. The testator, George Harrison, Esq.,
late Clarencienx King at Arms, died Nth of April,
1821, aged 82, leaving property to the amount of
33,0001. On the Bth of April he executed an in-
strument, intended as instructions for his will, but to
operate, in case of his death, as his last testament.
In this instrument he nominated his nephews,
Samuel Harrison (since deceased) and Daniel Charle,;
Rogers (who has since taken the additional surname
of Harrison) executors, with Robert Stone, the
husband of the testator's great niece. Mr. Daniel
Charles Rogers was also named residuary legatee.
The paper was regularly executed and attested, and
on the 17th of April, 1821, was admitted to pro-
bate. It contained several alterations and erasures,
and was accompanied by an affidavit, by the drawer
of the instrument (Mr. David Moore, the deceased's
solicitor), that the alterations were made by direc-
tion of the deceased. As the instrument now stor!,
a clause, referring to one of the executors, appeared
in the following words :—" He gives to Robert
Stone all such money as shall be due to the testator
rt the time of his death." As it originally stood,
the bequest was of " all such money as shall be due
from him to him." The question was, whether the
alteration was really an enlargement of the bequest,
so as to include all the debts owing to the deceased,
or whether it was a mere error or faulty phraseology.
%Ir. Stone was a debtor to the estate, on a mort-
gage, of 1,5001.; the other debts due to the estate
amounted to 4,5001. The executor and residuary
legatee, on discovering the difficulty, applied to the
Court for a recall of the probate. Mr. Stone pro-
tested against a suit in this case; and the Court
was now to determine whether the question raised
was proper to be decided by the admission of oral
evidence, the chief witness, the drawer of the will,
being dead.
Sir JOHN NICHOLL thought, that after such a
lapse of time, the Court could not venture to act
upon mere parole evidence, where no doubt or am-
biguity existed. He must therefore dismiss the
party (Mr. Stone), though he should not give
costs, as the question was not important.

INSOLVENT DEBTORS' COURT, Jur.r 14.

Mr. William Pedley, the well-known soda-water
manufacturer, was opposed on his application to be
discharged by Mr. HEATH, on behalf of the Hon.
Long Pole Wellesley. •
The Insolvent was examined by Mr. HEATH—
He stated that his embarrassments began in 1826,
since which time he had travelled the Continent on
the business of manufacturing soda-water, and his
insolvency had arisen in consequence of being non-
suited in January last in an action he had brought
against Mr. Wellesley, for money expended for
Colonel Paterson, and he was now in custody for
the costs of the nonsuit at Mr. Wellesley's suit. la
February last he had disposed of some freehold
property to his brother, for 951., out of which he
redeemed a soda-water machine, which one of them
had in his possession, for 251., which machine had
cost him 401. He did not know where his wife re-
sided, nor did he care.—(A laugh.)—His debts
amounted to 2931.. and he had inserted Colonel
Paterson as a debtor in his schedule, for 1741. fur
money paid on his account, and for the time he was
occupied on the Continent.
Mr. HEATH to the Insolvent—Do you mean to
swear that Colonel Paterson owes you that sum ?
Insolvent—Yes, I do.

Mr. HEATH—I would advise you to be cautious.
Insolvent—l am obliged to be cautious, I know
now whom I have to deal with.—(A. laugh.)
Mr. HEATH—You had better mind, Sir, what
you say.
Here the conversation dropped, and the insolvent,
in answer to further questions put by Mr. HEAT!!,
stated that he had delivered an account of the 174/.
which he claimed. It was incurred from February
to May, 1828. He had, in February last, sold his
soda-water machine for 401.

Mr. Commissioner BOWEN said, the Court could
not consider the disposal of the property, under all
the circumstances of the case, as fraudulent. The
case was then ordered to stand adjourned sine (lie,
to file a new special balance sheet.

ADMIRALTY SESSIONS, JI,LY 14.

Thomas Brown was indicted for having feloniously
assaulted Walter Bowen, on board a vessel called
the Fanny, on the 28th of March last, on the high
seas, and within the jurisdiction of the Admiralty.
The prisoner in another count was charged with the
murder of the deceased.

Henry Roberts examined— I was on board the
schooner Fanny on the 28th of March. The pri-
soner was the Captain. Our crew consisted of live
persons : Walter Bowen was one of them. He
was about 14 years of age. He died on the 28th
of March. We were bound to St. Michael's, and
were within sight of the island when the boy died.
I heard him complain that the Captain had beaten
him. He had not been ill long. I saw the Captain
beat the deceased many times. The last time I saw
him beat him was on the 27th of March, when he
beat him with a rope's end. He struck him with
the rope about a dozen times over the back and
shoulders. The prisoner struck him violently. It
was for not getting up. The deceased 11:„d 'a bad
leg, and could not walk owing to a spid, water boil.
Except his leg, the deceased was 'tfletty well until
the 27th. I think he diet in, consequence of the
beating he then received. had no words with the
Captain. The deceased was hove overboard before
we reached St. Michael's. On the Monday after
we got home, a complaint was made to a Justice.
The Captain ill-used me also; but we had no words,
only blows.—(A laugh.)
The prisoner in his defence said that he was him-
self a father, and never chastised the deceased more
than a father ought to punish a disobedient child.
Mr. James Steele, exarained by Mr. ADOLPHUS--
I am a surveyor for the merchant adventurers of
Bristol. I have known the prisoner for the last six
years, and always knew him as a kind-hearted humane
man.

Other witnesses were about to be called, 17,"tien
The Jury intimated that they were grate satisfied
that the prisoner was innocent of (-lie charge, and
returned a verdict of Not Guilty,

The ancients ne',7o. interred their dead in
churches or churchnyardis, This is evident from the first
words—" SisfeA tilotor!" (" Stop, traveller !")—on the
old Roman tomb-stones. JOSEPH the SECOND, of Austria.,
passed i law on this subject, forbidding the interment of
the dead in places of public worship. He remarks—'c It
is horrid that a place of worship—a temple of thr, Su-
preme being—should he convetiod into a pest .h ~use for
living creatures ! A perso,r, who, upon his 'death-bed,
makes it a condition o.f his will to be buried, in a chore',
or chapel, acts, like a madman. lye to set his
fellow-creatwes a good example, and not, to do all in his
power to drstroy their constitution, b;:t7 exposing them to
the effluvia arising from a corpse in ;'1 state of putrefaction,"
MELANCHOLY ACCIIWNT.—CARRICK-ON-
SUIR, JOLT 9.—A roshstt nithncholy and fatal accident
occurred here yesteiNtay, to an industrious., poor, I
bouring man, 0,1 the. u4.ttlb of SIMON KEART. He was
employed, pith two others, in propping up the loft of an
old house, to which there was a front and a back door.
It would seem as if the poor man had a presentiment of his
pending fate—not a pebble could drop in the course of the
day at which he would not startle and run aside ; and when
the side wall, the fall 4which caused his death, first gave
symptoms of coining down, lie was the first to take the
alarm, and rim out, but it was unfortunately through the,
back door and in the direction where the wall inclixiva,
and where it fell with such precipitancy, and with such a
crash, that before he got three yards from the
overtaken by it, and his bead literally cry.; to,i to pieces.
Us Was less than three minutes (1,4 from the ruins,
and continued merely to breathe for ten or fifteen minutes.
The Rev. Dr. CoNNoia.y, with him i„ 4utficient
time to administer to him
'she rifes of . Surgeon
SUANNAHAN was itr;
olooiately in attendance, hut.the poor
P.
man's case was of lie was
ouch naturefas to admitof rio effectual
remedy.
hay-
ing chanc%ii:t to run out through
.the front 'dept.. ": Mr.
JOHN other two persons merely escaped
.by
JOHN ft-W.MPSON, one of the Coroners 'for,-theti n eounty,
I held an Inquest this day on the body, whio:l4.
ver-
dict,_,,," That deceased accidentally came' iry ins y
bruizes received from the filling of a wall ou him."._._.,
Waterford Chronicle.