Star.
London, England, 1824-02-19 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, FEBRUARY 18.
LIABILITY OF 1111/42BASTe Uhl TO TAT' mess" RATS&
LENS. SERJEA NT AT LAW, V. THE OVERSEERS OF THY
PARISH OF ST. DUNSTAN IN THE. WEST._
This was an action brought by the plaintiff, A resident
of Serjeants' Inn, against the defendants, .for illegally
seizing a table, value 141. for Poors' Rates.
Serjeant VAUGHAN • stated the case. The overseers
of the. parish had, he said, conscientiously undertaken
to ascertain, in a Court ef Law, the merits of the ques-
tion, whether Serjeants' Inn ought, or ought not, to be
rated, as part of the parish of Sr. Dunstan in the West ?'
He contended that the Inn had been, fromahe earliest
historical knowledge attainable, part and parcel of the
possessions of the Diocese of Ely ; and that it, therefore,
was exempted from all poore.rates; church lands always
possessing privileges and exemptions with which the
parish could not interfere. In proof of this, the Learned
Serjeant produced a vast deal
.of documentary and
parole evidence. H; stated, that for two centuries no
application had been made for poors' rates to the inha-
bitants of the Inn, except in one instance, that of the
coffee-house, and he declared the proofs of exemption'
were completely irresistible,
Serjeant Peee for the 'defendants, contended, that the
Inn was liable, inasmuch as there was plenty of docu-'
mentary and parole evidence to prove that the retested
been paid by some of the Judges who resided there.-1
He denied that any prescriptive right of exemption.'
could exist, and brought forward documentary trip,
dente to prove that Clifford's Inn and Lincoln's Inn, the.
Members of which had resisted similar assessments,
were compelled to pay the rates by the verdicts of juries.
In advocating this rate he (the Learned Serjeant) was
endeavourinl to rate himself, but so confident were the
defendants that justice would bedone, that they appealed
to the Court, every Member of which had an-interest in
the decision.—The evidence in this case occupied the
Court several hours. The Jury returned a verdict for the
defendants, making the Inn liable to the Assessment.
PREROGATIVE COURT, FEBRUARY 18.
ROBSON, FORMERLY PATTLE. AND. WAKEFIELD, AGAINST'
ROW E AND ANOTMEN.
Sir Jolts Nlcoi.L, in giving, sentence in this long
depending cause, described it to be one of much import-
ance, on account of the magnitude of the property,
(amounting to neatly 200,000/1 the nature of thepapers
that had been pleaded, the sort of evidence to. be con-
sidered, and .the unusual application that had recently
been made to the Court.. The Learned Judge then en-
tered into an elaborate recapitulation of the evidence,
which he observed had been very carefully taken by
one of the most intelligent and able examiners in the
profession ; but of a sentence which occupied three
hours in the delivery, we have no room for the most
contracted report. The deceased in this cause was Mr.
Thomas Charles Pattie, who died at Macao, in Chimt,l
ort the 96th of NeeremberiBls, leaving behind him, in
England, a widow and an only child (a daughter). The
pre) erty of which he died possessed had been variously
stated, but in the plea was estimated at aboutl4o,oool.l
He had been many years abroad, in the East India Com-
pany's service. In 1802 he returned to England. In
1805, he went out again as one of the Council for the
Factory at Macao, where he remained -till his decease.
Before his departure from his native country in 1805,
he made a w ill, by which he appointed four of his fr ien4.
his executors, and bequeathed thewhole of his property
to his wife and daughter. That property was then sup-
posed to be bre seven 10,0001. and 20,0001. bat not to
have exceeded that sum. The Court then entered into
a history of the will said to have been made by the de-
ceased in 1805, and by which, among his family and
friends, he gave away in legacies and bequests upwards
of 110,0001—of the deceased's voyage from Macao to,
Manilla and Canton, and back to Macao, in his Ma-
jesty's ship Alpheus; his conversations with Captain
Langford, Sir William Fraser, Mr. Edmunds, and Mr.
Alien, w ho were likewise on board; and of the deceased's
last illness ; the execution of the will propounded on the
18 b of October, 1815, after it had been prepared from
deeeasi'd's dictation by Mr. Croft, a law Gentleman,
Iro had come with his wile from India into China, for
•the benefit of her health ; and of the deceased's death on
the 26th of November following. The Court also stated
every fact in plea as to the capacity of the deceased ; his
knout ledge of the danger be was in trom'the informa-
tion of Mr. Livingston, the surgeon, and the various
cot roboratiens which the ge:•ulneness of the testamen-
tary dispositions of this last instrument received from
several witnesses in the cause. The two great objec-
tions that had been attempted to be established against
a paper thus proved were-ISt, that the signatureor the
body, or parts of both, or either, or the endorsement
of the envelope, purporting to be the hand-arising
of deceased, or of the party who prepared the.jnstru-
ment, were not genuine ; and 2d, that the chariesei of
Mr. Croft had been so damaged, that he could not be
safely relied on as a witness (and he was the principal
witness) as to capacity and execution. The Court de-
cided
that the signature
.was established to be clearly
the true signature of the testator ; that the erasures and
interlineations is question in the body of the paper were
sufficiently accounted for, and that the endorsement
was in the hand-writing of Mr. Allen, who quitted the
Alpheus and resided with the deceased. It further
held, that Mr. Croft's testimony was of the most con-
sistent character throughout, and that his character
as a witness was not to be successfully impugned
by reason ctf his moral guilt in a transaction oc-
curring two years afterwards. (This was an allusion
to an action brought in the Supreme Court at Cal-
cutta, " Comberbach v. Croft," and in which heavy
damages were recovered by Mr. Comberbach against
Croft, who was his partner, for the seduction of his
daughter, aged seventeen. The young Lady had eloped
froin henfather's mansion, and in order to elude inquiry,
• had left letters on her table intimating her intention of
drowning herself, under an apprehension of approach-
ing insanity, and was all this time concealed in the house
of her betrayer, who in the meantime visited, under
pretences of condolence, her distracted family). The
Court was disposed, therefore, to pronounce for the va-
lidity of the will of the 18th of October, 1815. But
Mr. Wakefield, who had married the daughter of the de-
ceased, and had, in common with the legatees, pocketed
the beqtiest- to which he was entitled (in right of
his wife, who was left with a legacy of 30,0001.), op
posed this will, and prayed the Court, after witnesses
had been examined, publication bad been decreed, and
the-cause bad gone on to hearing, to rescind the conclu-
sion in order to allow him • time to bring in the. copy of
a later will which the deceased was said to have exe-
cuted, and in which he left his daughter a legacy of
5V•44/01. awl, the residue; so that Mrt Wakefield, repre-

sooting his late wife, and in that character having a
vested right to the principal sum which was to revert to
Der after .111 death of her mother Flow Mrs. Robson).
wouldtake, in virtue of this paper,loo,ooo/.andrupwards.
The Learned Judge then examined the history.Of this
paper. It was not even produced; and:even upon the sin-
gular story which was told about the: way in which Mn
Wakefield had obtained it, through communications by
post with an anonymous correspondent, and subsecrently
an interview at Paris with thissnysterious party, who there
delivered the copy of that original which he asserted to
have seen, to Mr. Wakefield ; what credit could the
Court be required to give to it? The anonymous stran-
ger had, it was said& only given up this copy on a so-
lemn promise and a written undertakitig, that his name,
should never be divulged. Mr. Wakefield and his bra'
ther consented to these terms ; but Mr. Wakefield's soli-
citor, Mr. Humphries, with a prudence and caution
highly proper and honourable in a professional man, re-
fused to have anything to do with any such engagement.
The next account of this paper was, that Mr. Wakefield,
who always carried it about his person, went one day
into the City to his banker's—then walked about the
streets—then dined at an hotel ; then went to the Play ;
and,' at last, discovered that he had lost it—and the
Court was now applied to to stay the. cause, inasmuch
as the anonymous stranger had said" that a seaman,
formerly belonging to his Majesty's ship Alpheus, and
now to his Majesty's ship Grampus, had another copy,
hut the Grampus was at present in the West Indie%
This was eight years after the death of the deceased,
and four years after probate had been granted to the
will propounded. Under such a state of circumstances,
.the Court could by no means listen to the application ;
and in proceeding to judgment, would only observe.
that the Robsons, who prayed that the will of 1805
(which. left the whole property between Mrs. Robson
and her daughter) might be established, or else that the
deceased might be pronounced to have died intestate,
had equally failed in proof of their case : and the Court,
therefore, confirmed the will of October, 1815, and de-
creed costs against the parties opposing the same.

HOSPITALITY.-'.-Eight thousand persons sat down to
dinner at Sir JOHN ACLAND'S seat, Killerton. Houser.
Devon, between July 1, and December 31,.1823.
The " Gownsmen" of Westminster Seltool have wig
exercised the privilege granted to them, by courtesy, -Of
averse, of appearing below the bar, and under the gii.
levy of the. House of Commons, during its sittings and
during 'debates. There was not much. gallantry in. com-
pelling Lady Hanitowne and her daughter, and Mrs.
awl Miss Campreo, to betake themselves to the roof of
the House, especially when the " Gownsmen" were ad-
mitted, as matter of course, below the bar. The.
*mem has given orders. to prevent their appearance
,helow the bar in future, and the Seijeant at Arms for-
warded it to Keinedy and the other door-keepers. The
*der extends to " Gowns," whoever may be the wearers
of them ; and yesterday the order was carried int() ef-
fect. Two " Gownsmen" from the Westminster School
presented themselves; but the faithful old guardian,
;Kennedy, though considered by many to be on his last
legs, extended his arms to prevent their. admission.
They mast be introduced by Members, and if prepared
with such admissions, they must then "doff their gowns."
Dr. PHILLIMORE was sent for, but he was not -to be
found ; then Alderman Womb appeared, and he under-
touloto take the scholars past Cerberus. The Westmin-
ster youths toot off their gowns and trenchers, and in
that a-la-groom costume they went under the gallery.
The gowns ere still deemed passports to the bar of the
ouse of Lords.
MATCH AT CHESS.—A short time ago'the Paris Chess
Club, named Le Ctrele de Philidor, challenged- the Lon-
don Chess Club to play a match at chess, the moves to be
transmitted either by post or extraordinary couriers.
The challenge was accepted, and fifty guineAs a game
tiamecifor the stakes. An answer has just been received
'from M. de la Bourdonnaye, the second player in
Paris, declining the match, as the French Club is on the
point of dissolution, in consequence of a dispute among
its members. Two games were to have been played at
the same time; the French having the move in one, and
the English in the other; and it was calculated that if
the moves had been transmitted by the post, these games
would have, lasted about a twelvemonth. It was sug-
gested by an enthusiastic chess-player of the London
Chess Club, that as the national honour was in some
degree involved, Ministers might be induced to re-
establish a telegraphic communication between the two
countries for this special purpose. This plan would
have abridged considerably the duration of the games,
and would not have cost the country more than ten
thousand pounds.
We understand that legal proceedings have just been
instituted against an individual well known in the sport-
ing world, with a view of recovering penalties against
hint to the amount of one hundred thousand pounds, on
account of a gambling establishment recently opened
by him at the West end of the town. •
SECRET SOCIETIES.—For some time the discovery
of a. Secret Society has been spoken of, which is said to
balm been communicated to the central Committee here.
Some time passed before precise information respecting
this Society could be obtained. It is now said, that
several writings relative to it have been discovered in a
Prussian University, which- have thrown a light on the
subject, and led to the discovery of the principal mem-
bers: they had most of them quitted the Universities,
but it is said they corresponded with the chiefs of the
Lodges, which has led to the arrest of several of the
latter, principally in East Prussia. Several Students
are implicated in this affair. All the persons arrested
have been conducted to Berth; whet.? it rigorous inves-
tigation will soon be commenced relative, to these So-
cieties.—Carlsruhe Gazelle.
ANECDOTE OP WESTON AND Gertarce.—One even-
ing, when Mr. WESTON was announced to play Scrub,
and GARRICK Archer, in the course of the day he sent
to Mr. GARRICK a letter, requesting a loan of money,
as he was continually in the practice of doing, under
the impression that he was arrested. This Mr. GAR-
RICK at last discovered, and in consequence refused
sending at that time what WESTON had requested, upon
which the latter neglected going to the Theatre at his
usual time; and when the hour of performance arrived,
Mr. Gaerircx came forward, and said as follows:
" Ladies and Gentlemen, Mr.WESTON being taken sud-
denly ill, he is not capable of appearing before you this
evening; and therefore, if it meets your approbation, I
will pet foini the part of Scrub hi his stead." WESTON
being in the two shilling gallery with a sham bailiff,
hallooed out, " You've played it already—you know
lam here, and can't come—l am arrested." Upon
which the audience sided with Mr. WESTON, by insisting
he should play the part, which the Manager was obliged
to acquiesce in, by paying the supposed debt, to the no
.iimall mortification of DAVID. ... - •