The Statesman.
London, England, 1821-11-12 00:00:00

LAIr INTELLIGIIIMCE.

COURT OF CHANCERY, Nov. 10.

MR. TRELLUSON'S WILL.
ODDT V. THE IMHOF Or NORWICH.
The LORD CHANCIILLOR immediately upon his com-
ing into Court continued his judgment in this case.
lie adverted at some leogtb to the remarks and opini-
ons of Lords Loughborough, Alvanley, and Rosalyn.
and expressed on various occasions, when the con-
struction of Mr. Thelluson's will was discussed. The
conclusion to which be bad brought his mind was,
that the property bequeathed by the testator could
only be enjoyed by a male descendant, through a male
line. The gondola which had been submitted to his
decision was certainly one of the highest importance
—the most important he bad ever contemplated, and
/sappy should he have been if the duty of determining
it had not falleh upon him. Considering, however.
the nature of the question, be thought he was bound in
justice to use his influence for the purpose of giving
him the benefit of an appeal to the House of Lords,
where proceedings would take place, and where ques-
tions could be put and resolved, which could not be
done in this Court, consistently with its established
rules and practice. He was aware there were many
persons who bad said, that au appeal from the Chan-
cellor in the Court of Chancery to the Chancellor in
the House of Lords was a mere mockery. Those who
were actuated by suet a notion. gate very little proof
of the correctness of their judgment. For himself,
'he was now approaching the period of his natural life,
and although, during the course of it, be bad been
hampered with doubts and difficulties, which men of
stronger minds might not have entertained, yet there
was nothing be bad ever held more disgraceful than
consistency in error. The suitors, who had submitted
their interests to him, bad uniformly bad whatever
benefit they could derive from the most anxious and
careful attention he could give to their respective
cases, and he would assure the plaintiff, in the present
instance, that when his appeal was brought before the
House of Lords, it should have his most dispassionate
consideration.

COURT OF OF KING'S BENCH, BATURDAV.

WILLS?? V. UMIKETT.
TMs was an action brought to recover the value of a
horse which belonged to the plaintiff, sod which was
charged to have been killed by the negligent driving
of the defendant. The defendant, who is a coach pro-
prietor, was driving his carriage through the town of
Lichfield, when he met the plaintiff's servant, leading
a horse that be had been taking to the farrier's. The
plaintiff's horse, being young and high bred, was
alarmed at the rattling caused by the defendant's ap-
and began to plunge violently. The defendant
perceived the restiveness of the animal, and the ina-
bility of the servant to hold him : be drove, however,
straight forward; and the horse throwing himself sod-
denly round, came In contact with the pole of the
coach, which entered his .lank,' injured him so
much as to occasion his death. The ,eause was tried
before the Lord Chief Justice at the last Anises for
the county of Stafford. The Jury found a verdict for
the plaintiff.
Mr. TAUNTON Com applied that the verdict should
be set aside, and a Wet-trial granted. The Lord Chief
Justice would recollect that at the time of the trial he
bad told the Jury that he thought the defendant
ought to hate polled up his carriage, when be saw the
plaintiff's horse approaching; and that he bad di-
acted the Jury, if they were of the same opinion, to
find a verdict accordingly. He (Mr. Taunton) now
humbly submitted that his Lordship's direction had
been wrong; and that such a doctrine; if adopted,
would be attended with great public inconvenience,
from the delay it would occasion to travellers and
casual passengers.
The Lone CMS/ JUSTICIII remember, Mr.
Taunton, that I told the Jury that I thought the coach-
man ought to have pulled up. I have since considered
the case, and I feel that I was wrong : I ought to have
told the Jury positively, that the coachman was bound
to pull up.
Mr. Justice Bavvey and Mr. Justice HOLROTD con-
eerred.—Rile refused.
"TIMMINS V. 111100 MIN.

Mr. SCARLET! ;moved for a rule to show cause why'
the inquisition of damages in this case should not be
set aside. He moved this, not only on the ground of
excessive damages which bad bee. given in an scdoa
of assault, but also on the ground of the particular
circumstances under which the question was brought
to trial before the Sheriff's Jury,as well u es account
of some circumstances which bad occurred in the
course of the investigation.
The Curt! JUSTICE.It is an action of assault;
what were the damages?
Mr. ScARLETT.--Bight hundred pounds, my Lord,.
.11r. Brogden, the defendant, was a manufacturing
jeweller, a gentleman, he believed, of fortune, wen
karma aitd reepseeed by these who were engaged ik
the same bullion&
The Cuter Joartcr.—Where was the inquiry exi•
cuted ?
Mr. Scannarr.—ln Loudon, before the Secondary.
The Learned Omitlessen, ,in continuation, observed.,
that be was anxious to submit to their Lordships this,
evidence by width this ease bad Wen supported; for
it would appear that 'be jury had given their verdict,
'upon the evidence which bad been laid before
them, but upon a notion that the defendant maths'
to call witnesses to answer all the imputations which
been- cut open him in a very eloquent and ..labors
speech which bad been addressed to them by the
Counsel. for the plaiatillf; and which they appeared to
haven assumed as feels. The Learned Counsel proceed-
ed:es state the partfiselars of the assault, as sworn to
ia affidavits.
The Alma, lumens--Take a rule to eliew cause.
Bregden mete to make an offer of compromise.
but•Mr.-Stephens would not accept of any. In cob-,
vignette* of. this refuel the proceedings went on, and
dl r. B. having suffered judgment to go by default, net
wishing in pet the plaisdif to unnecessary trouble. tte
Writ of Inquiry in question was executed. It miff
wow be necessary to state, that or that inquiry, wk.
Brogdets bad no counsel. He made no complaint et
this, as the attorney was a gentleman of considershke'
respectability aid talent. add was not informed, that
Oeuasel Was to he retained on the other side. until It
was too late to 'apply the iletieleacy, When the care
ass stated before the Jury, it was *stet, with grefit