Star.
London, England, 1828-01-17 00:00:00

CLARK AND CLARK D. DEW.

This was an appeal from the sentence of the Prero'
waive _Cnutt, in a testamentary snit. The public.musi
be fansiiiar with this reinarkable case, from the fsill de.
tails given when it cam/ before the COuri'below: The
deceased testator was Mr. Ely Stott. formerly of 111nOms-
bury, a medical electrician of some notoriety..
ratter was niaiied, by greit some
Previous
to Ins 'death be was pronoOnced*by a commission of
lunaCY '4iiiane, from the' Ist' Of January, 1821. ,of
died in NOirember of that year. 'By the 'will in
question, Which bore' date in 'March, 1817, he be-
, qireathed the bulk of 'his property, about 40,0001.
to his nephews, Thomas and Valentine Clark (the
appellants), to the prejudice of his only child. Mrs.
Charlotte Mary Dew (the resp'ondent), to whom he left
merely a trifling annuity. Administration was granted
to the executors (Messrs. Clark) under the will, and the
-property was in part, if not wholly, realized by them.
In April, 1822; Mrs. Dew, the daughter, codmenced'
this suit, on the ground that the will was invalid, by
reason that the testator was of unsound mind, and after
a very protracted argument, Sir John Nicholl, in Easter
rein), 1826, pronounced against the validity of the will,
considering the testator to have been actuated by an
insane dilke it:rinds his daughter. The former letters!
of administration were accordingly cancelled, and the,
deceased was declared to irave died intestate, whereby
the whale of the property 'devolved upon the daughter.
The case is Coasidned to be novel; there, being no
precedent In whigh a'will Was set aside on account of
parrialiasanit) of such a character as that of Mr. Stott:
In the ease of tireenwood and Greenwood,' the only
case which approximates to the present, two opposite
results Were obtained in the Courts of Common Ileas,
and King's Bench respictivelyi clod the question wasiet-
tied by a 'compromise. The citcumstantei of the appel:
lams are *tcpliarly seiqe;'haviing been in possession of
the property for some time (through no improper /ache/
of the tea/sondem), part of it was dissipated ; and one of
them, Mr. Thomas Clio ky.iC pow in
_confinement in the
Fled, npon a process of contempt from the Court of
Chancery, arising'ont'of this.question. An application
for a'note to the Warden of the Fleet to bring op the
prisoner, in order that he might be present at the hear•
ing of this appeal, it will be rticullected, wirs.reftlsed..by
the Vice Chanceßor on Monclaylast.
The CoOnsel for the appellants were Sir C.
Timms. and Dr. LustitVo-roN ; for the respOndent,
DrJENNER, Dr. PH111..1.410[1E, the COMMON SEILOICANT.
arid Mr. KNIGHT.
Dr. JENNit,II only was beard to-day ;he spokilkor
t
wards of firie hours.
The common 'law. Judges on the ConitnissiOl were
`.Mr. Baron atit-LUCit (ivho presides), Mr. Justice Lit
Turmoil. and Zetr.
The Court adjoui tied at half- jaaa three.

OLD BAII4Y, JANUARY'I6. -

- 7-- •
The trials of she prisoners being concluded, the. Rs-
.
CORDES, attended by ilr. Seriemit Aitasta, appearid
•
an the Bench it ;seise o'clock, far the purpose of pass-
.
ing the sentence of the Court on such piisoneri as hid
been Ctitliricted-littliecourse of the Sesa:ins.
Those' prisoners against whom no 'bills bad been
..,
faund,sand one againstvihoas no prosecutor appeared,
Were discharged bk proclamation..
' The following were then brought up to receive the
awl ui sentence of death :
Matthew Green; Willians Godfrey, and Thomas Newman, for
horse siekling ;John Lantaff Mirky, for futility ; Daniel NI.C. thy.
'Henry Simon, and Anthony'i Bernard. for stealing property in A
dwelling-house, above Cie value of St.,Williarn Allkin, Robert Ryan,
Samuel Smith, Thomas Floodgate, kliehatl Andrews, Henry
Nicholls, and Richard Junes, for breaking into dwelling houses, and
committing larceny therein ; James Tundinton, for Stealing a cow
and calf ; Thomas Ccllisnn, fur burglary ; and. Nicholas Heningari,
far shooting at Ruben 1 aylor with a pistol, with latent to de bias.
some grievous bodily harm.
The list.tp:itoner, on being asked, in the usual form,
what baba to say why be should not receive judgusen;
• " •
to die according to law, replied, f. Ism innocent, even
in. tbooglit, 'of the crane. which has been charged.
agaiiist ate." .. ; . . . .
. . ,
Tbe'Recostnils thew addressed tile above unfortnoite
ersons, E darinig.which he was s;ffectediwsoto tears Land
asked tie assial scmence of:depth in, tisett,ual. form,
hich. was heard by the majority of Ur. prisoners With
apparent indifference.
The following were sent need to be transported for Oft—James
Robinson and Higley 'Hermitage. •
Tw'be transported foe- Fourteen Years—Robert Turner, Jobs
Jones, Eleanor Lewis, Charlistte Johnson, Miry King, &tab'
hlosely, William Mitchell, Joseph Davis, (alias Themiss Ilrowne.)
Timothy Cochrane, John Phillips, William Woodville, *Mary
Sbearman, Thomas Halite', and jimes Maitin. .
To be tratispiorted fbr Seven' lit7iiii-*-tilliain witgam,, (for a
robbery at the Ifing's Head in the Ohl Jewri)eetherlne Solonslrn,
Henry Browne, John Stanton. Jet, Thompsois, David Saum bill,
Thomas Taylor. Ahr4ini yam, lames Payne, James Watirs,
Minim" Cubiland flail, Thornes NOiefiam; Benton liliirchi‘klary
Aim turchert,Jiinies 'Mtn_ ,i` /Antlies. 3ofillsOn; Wilitilit 'Weber is,
Minim W..tteri4 Jannel. Liansib, -Daniel Menvy, Sohn rontio4
Thoma. Wilvtlass '&7113104hY 'CPstley. William brivia, Williani
Thomson, %Vann litigwards, Witlliam Sailoqd, Veupes Julian,
' Williim Crial,reller Andrews, Wiatans Iteyntildb g
Ailrial m.
drirr, Joseph 'fletdOir: AntiVevi itylihneitriseilai Sr/honey; Mans
• Suer, JuliniEennedy, Wllltant Ttiottpsofi,Thontia WHIR; sneers':
!Mundell, Cittarles IlfeWhgese. Egstaisetk' lithwni, lobo • Dairy,'
lil /1..112:y Jia, 'Alm siAtu it#o, plywd 4,,y,,,--jubb;
3,04?, awr 'kilt, mit.
inte . ' etf lilies 11 the in the floe ol Correction,'
.andkept to bird Ipbessr-a• annis."Sterne, Valiant NellOist
Paine ertoe.sbbe $41113314 arnßoe Warrant.
• toe Twle klpstlis, and.liard,l#o4—WAt..lnfietson (for ow
'element Juho glott a 407.
Pee se oniffs- Ohlt
William Mattlews,WatkerWebli'llitcatfithr4fij,4h,ll Ha dogs
Frances Curry. glinturt ettille!WHlWlCTlMnek, Jalin boobs, M-
aid kumberley, Wm. Shaw, James White, Dennis CallarnJohn

_,
Crane, Janus Ilubbs, Owen Donohoe, Wyi.. Sank:yrs, SAtilt;
%Vest, and Daniel-Newland.
For Mice Motphs—.Daniet Owen ((or a rob'wry at a ilieen,e,
Victuallers), James Avery, Msry. Bunker, Et.za C.,shman, -,1..hr
Jones, Williani "fiend, ' William Carey, John Itruiall, Jai
Doivnes, Mary Ssialne, Joseph Kirby, Robert Itlaynes; Philips
Jones, Thomas Intest Richard Williatni, Samuel Edward,, James'
•Ilaynes. and Charles. King. ale lost two prisoners were also
!edged to be privately %stripped.
'Jana Atkins, aged 54,.WhOliailleen.the stimes ftap!k)ed offot
,Atiallog; Was 'ordered to be Impti;tineit instattdres'lrt-Perstrgate.
: .' Severall otherewete sentenced to varroUs teistis of
, pi isonment, and uhe to be Filblicly, and (rest prieati-ly
whipped.—The•Coort- then -adjottitfed •
SIIRRItY SlnSfONS,..las. 16.
William Bair"; a notorious chaeadter; was ledi:ted
for felotriihislystealing a coat and other articles, the
psoperty-ofDaniel Cork, on the I.sthDecember last.
Thomas. Payne deposed,• that he was* milkman,
,residing in Long4atte,• Berinnoility. an the mcon7
ing mentioned in the indictment,. he obseetied the
.prisoner snatch a coat from a waggon standing in the
abovementioned lane,- and tun away. Witness called
out 44 Stop thief," and pursued the prisorree,*llom he
apprehended after a long run, with theproperiy in his
possession, which he afterwards threw into the road.
The prosecutor identified the property produced.
The Jury, without hesitation, returned. a verdict of
Guilty against the prisoner.
The CHAIRMAN, in passing sentence, 4serre4 that
the prisoner had been repeatedly in custody for similar
offences, and that he was theiefore ton
,dangerous a,
person to remain in this country. The sentence of the'
Court was, thesefirre, seven years' tratispcntatino. ,
Abraham Mira* i.an laity* elsi Countryman, wa
inditted for ittiing a coalitity 'of cOrrt,' the property of
:Messrs. La Caste, hankers, at Chertsei,* Oa the Bth of
Dectiallset fast. - !..
• Mr. Ross, on behalf of .the.pteatiecittion, hawing dee
tailed the facts of the ewe. the 1011(1164 witnesses ire, e
. produced in support of the charge. .
-Jahn Law deposed, that he was a tan! er, neld:ng at
Chertser. - About two o'clock OR the morning of ttit
19th of December, he observed the . prisimer in cent-
'fany with two' other men at Cis.itsey ; they had each
a sack on their back. Witness cbtained assistance andl
proceeded to the prisoner% house, where they found a
;sack of barley. The prisoner was questioned as to the
possession of the property, when he said he had pur-
chased the corn from a Mr. Curtis; this afterwards
proved from Mr. Curtis to be false. - ,
Thomas Souks deposed that he was bailiff to the pro-
secutors, and identified the barley to be his employers'
property.
Mr. JauweTr cross-examined the several witnesses

in a mist ingenious manner, and contended thar there
was no evide.lce of the prisoner having stolen the pro.
petty. The only evidence against him was, that he had
the corn in his possession eleven days after the robber y.
The daughter oh the prisoner positively swore.thar
she had gleaned the corn found in her parent's house
from the field, of the prosecutors.
The CHAIRNIAN having summed up the evidence with
great precision, the Jury returned a verdict of Acquittal.