Star.
London, England, 1826-03-27 00:00:00

ASSIZE INTELLIGENCE.

Thsca 24.
William Briggs, who was convicted of a highway rob-
bery yesterday, under aggravated circumstances, was
this day convicted of killing and slaying Sarah Malone.
The deceased was the wife of a woolcomber, at Brad-
fou d. On the night of the 27th of December last, while
Malone, his wife, and a child, were in their house, at
Milbank, in that town, the prisoner came up and threw
large stones at the door and into the house, one of which
hit the deceased upon the forehead, and caused death.
Gorge Baiky, in idlot, pleaded Gatilly, stealittg two sheep and
three lambs.

SMITH V. Wll4OlO AND OTHilia.
This was a question to try whethev the testator, Wil-,
Hans Flint (half brother to the plaintiff) at the time be
executed his will was oaaspos nientis or aot ? The pro-
perty ha contention, consisting of iauds and tenements,
is situate at Dunnington, in this county, and of the es-
timated value of 2,0001. The will bearing date the 22d
day of October, 1823, was read, wherein thetestatorbe-
queiebed several specific legacies. to difereet persons,
and the bulk of his property to the defendant (Wilson).
The plaintiff claimed the estate as the heir at law of the,
testator. The onus raorraii was put upon the defen-
dants. The testator, it appeared, had executed his will
in the presence of an attorney of the name of Hornby,
of Scat borough, who stated, that at the time he executed
it, the testator was, in his belief, of sound mind, but ad-
mitted, on his cross examination, that the house in which
he signed his will, was at that time an asylum for luna-
tics, and kept by witness's father. It further appeared,
that in-1823, the testator, who, on bis road to Dunning-
ton, had been stopped and robbed of some property,
had, at the. trial of the prisoners at York, attended, and
given his evidence in a collected, but rather hurtled
manner ; and that on his testimony the robbers were
dievicted and transported; that at the time be executed
his will in favour of the defendant, he said, in the pre-
sence of one of tie attesting witnesses (Simeon Harris),
" See that Wilson buries me mensefully (decently), for
I have left him the whole of my pioperty."
After several witnesses had been rumbled to prove that the tes-
tator was of sound mind at the time he made his will, although oc-
casionally addicted to liquor.
Mr. BROUGHAM rose to addiess the Jury, and, in a
speech of great animation, dwelt particularly on the
part Mr. Hornby had taken in cooking up the will; the
hurry in which he bad cooked it, and the circum-
stance especially, of its being signed in the presence of
the keepers son of the lunatic asylum, where Mr. Hornby
sesiilea; that the testator had laboured under mental
incapacity there could be no doubt, and he should be
able to prove it frem the medical Gentlemen be should
call, and the certificates he should put in.
Mr. B. then called a Gentleman of the name of Hut.;
band, a surgeon, resident in York. De stated that he
lead been called to attend the deceased dining the
months of July and November; that at several times
when he had visited him he 'had bled him, and given
him calomel, whiCh was generally_ administered to per-
sons in his state of mind; that he appeared in a state
of great mental excitement, continually haunted with
the idea of being robbed, and seat to the poor house ;
that on one particular occasion, when be attended him,
lie appeared to be labouring under complete aberration
of mind, and said, " he could role the Stars, and that he
was as great an astronomer al Sir Isaac Newton: On
his doss-examination he said, he did not appear W hins
to bait been under the influence of liquor. In another
conversation that Ire had with a Mr. Nicholson, who
acted as the testator's solicitor in the prosecution of
the persons connected aid) the robbery) when the tea--
tor was dwelling 'upon his hiss, Mr. N. pacified him by
laying that the Lord Chant llorwould come down and
restore his lost property to him— 4Great laughter).—A
witness, who had acted as his groom, stated, that his
master had tun about the streets in a Wild manner;
that he desired, when he was dead, that some lively
tune might be played, for which he was to have a so,
vereign ; the tune that was to be played was " Kiss my
Lady," and other merry ones—(lang4ter)—that he
had at one time ordered him to fetch from York a cart
load of gin and rum ; he died on the '26th of April,
1825. Another witness said, that he had heard him say
that he was the second man in the Kingdom, and treat
to the King—and the first in the kingdom of Heaven.
Mrs. Agar spoke to the testator calling at her house,.
and having his bills and papers ; ho said, he wished to
become her suitor. She told him that he was a peor,.
insane man, and that she would have nothing to do
with him. He said he was a mater of arts and sciences.
(Great tavgirtr.)—aWilson came afterwards for the
wittings,bat she refused to let him have them ; be ner
castle W ilh Mr. Flint, and she gave them to him. lie
itwil said, that he would make Wilson his steward. On
leer cross•etamination, she said, that she was aftewards
21"Ined in the year 1824, anti that she had a child,
is new three quarters of a year old ; that hlr.
Wilson had arrested her husband, anclthat he had taken
the besiefit of tire Insolvent Act; but that they had been
very friendly together since, and that she would not
swear that she gate Mrs. Smith a guinea, to put a Cl•
*eat against the bill. Mr. Agar went to the lawyer.
Wilson said, that she wanted burning, and ought to
have a halter round her neck—(A Insight. Another,

witness described his as running about the street swear.
ing that he was no-churchman.
Sc*semi replied.
His LeIIDSIIII, in Webers, toile Jury, shaarveds that the ably
question,ln this cause. for their consideration was, whetispr t •.
testator, at the time be executed his will, had that possession 944
reason to know what be did ?—if be had, then they would And U.
the defendant, trosalbr she plaintiff.
After a keg coldoltelko, the Jury returned a verdict for
the plaintiff.
WATSON V. MA TTERSLKY.
Mr. Baovou AM stated, that this was an action brought
by the plaintiff to recover the sum of 3101. on the de-
fendant's promissory note. The facts of the case are
these :—The plaintiff, in 1820, went to Harrogate, and
took up his residence at the house of the defendant
(Mrs. Hattersley), who keeps an hotel at that place.—
Circumstances of a pecUniary statute imposed on the
defendant the necessity of soliciting the loan of 25(g.
which the plaintiff advanced. Of this she gave, as an
acknowledgment of the debt, the note in question, adding
501. to the original sum. The note ran thus:
" Harrogate, Nov. 25, 1823.
" I promise to pay to Joseph Watson, or order, the suns of three
hundred pounds, value received."
To this Note the defendasesubscribed her X . The defendant
failing to pay the money, the plaintiff because pressing, and ulti-
mately caused her to be arrested on the Slat of February, 1825.

Mr. SCA4IMETT, on the part of the defendant, con-
tended, that she ought not to have been held to bail for
mare than 2504 that the defendant had from time to
time remitted the plaintiff various sums of money to
answer his exigencies, besides the bill he bad contracted
at the lun—some of which items afforded the Court, urn
the reading, considerable amuuttient.
The following are among the most remarkable :
To trying your luck in lottery tickets which was sent to
you at Leeds, at your request . . 13 0 0
Gave you when you was going oV to Leeds without
stoney .
Sent you, by your request, when at the York Musical
Festival, to pay your expenses at the Black Swan, be-
fore you could come to Harrogate • 20 0 0
To settle your coach.hire, when you came there, being
without the needful . 3 0 0
. .
Paying your bill at Leeds, when you was overturned,
with Mr. Bardeastle, the banker . 7 15 0
To a ball ticket . . 0 5 •
. .
To Sally, our Bath woman n 5 0
. •
To a pair of stays, or belt . . 0 7 0
. .

X. 1. •d.

4 10 0

Tb; reading of these curious charges set the Court in a roar, and
the item of the stays seemed to tickle the Ladies fancies amazingly,
the plaintiff being " more fat than beseemeth" those who lead in
the mazes of Terpsichore. He is a very abort man, weighing not
less than 20 stene.
His LORDSHW said he thought that some Gentleman at the Bar
Asa much better settle all the matters in dispute between the par-
ties.—Referred accordingly—plaintiff taking a nominal verdict for
6004 Costs its. Subject to the award of the Referee.