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me TH E L E AJDJE R. S^ 0 - fj?ft» gATra...
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GATHERINGS FROM THE LAW AND POLICE COURT...
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NAVAL AND MILITARY. Not Using the Lead.—...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Highway Robbery And Assault Near Carlisl...
. Mu 3 U » ek iB 3 f . A JBos " . — - John Howell , a boy fifteen years old , living at . a ( village nine miles from Preston , has stabbed J 3 etsy Titterington , a girl one year his junior , while < in a fit of exasperation induced by another girl throwing a stone at him . He Jiad a clasp-knife open in Ms hand at the time . ; and , turning round , . he gashed the neck of the unoffending child . She was taken liome , and died almost directly . Howell spent the nightiin the fields , and next day delivered himself up to the police . He and Ms father are hawkers .
Me Th E L E Ajdje R. S^ 0 - Fj?Ft» Gatra...
me TH E L E AJDJE R . S ^ - fj ? ft » gATramLY ,
Gatherings From The Law And Police Court...
GATHERINGS FROM THE LAW AND POLICE COURTS . The will cause , ' Kemra v . Garbutt and others , ' came before-the worshipful Granville Harcourt Vernon , M . A ., Chancellor iu the Ecclesiastical Court held in York Cathedral on Thursday week . The will in dispute was that of the late Mr . Kichard Simpson , of Hull , timber merchant , whose property amounted in value to from sixty to seventy thousand pounds . The witnesses were examined viva " voce , in accordance with the new Act of Parliament in reference to business in the Ecclesiastical Courts . It was imputed on the part of the promovent ,
Mr . Keram , that the testator was incapable of making a will , owing to his having , during the year in question , indulged in intoxication ; but this was so satisfactorily disproved that Mr . Kemm ' s counsel had a consultation ¦ with his client , who expressed himself satisfied with the proof that had been given of the validity of the will , and therefore withdrew , but at the same time applied for co 3 ts out of the estate . This was opposed by the otherside ; but the Chancellor , in decreeing the validity of the will , ordered that the costs should be defrayed as requested by Mr . Kemm . The defendants , to whom the greater part of the property is left , were not related to Mr . Simpson .
The ' Circumlocution Office' exhibited itself in all its most glaring colours at the Bow-street police-office last Saturday , when the Board of Inland Revenue prosecuted three grocers for selling coffee mixed with chicory for pure coffee . In the first of these cases , the defendant , being unable to disprove the charge after the lapse of more than three months from the alleged purchase , . fined in the mitigated penalty ( one fourth of the total ) of 251 . In the other two cases , the officer of the court
gave such confused and contradictory evidence that the charges were dismissed . One of the supervisors explained the routine of the Board , showing the number of hands through which the samples had to pass , and the time consumed in the necessary reports , minutes , orders of the Board , & c , before the magisterial summons could be formally applied for and served ; from which , combined with the extensive jurisdiction of the Board and the number of cases occurring , it was contended that a delay of three months at least was inevitable . This is
indeed a most admirable example of ' how not to do it . ' Henry Taylor , a rectifier , living at Brentwood , Essex , brought an action on Monday in the Court of Queen ' s Bench against Edmund J . Cox , a Birmingham auctioneer , for false imprisonment . One Sunday , a few months ago , both the litigants were staying at the George Hotel , Birmingham . They were smoking in the kitchen , and Taylor , who seems to have been drunk , began quarrelling with the servant maid , whom he
called a cat . The girl went crying to bed , and Cox then took her part . A quarrel ensued ; the police were called in , and told by Cox to take Taylor into custody , but they refused ; ultimately , on their making their appearance a second time , they conveyed Taylor to the lock-up on a charge of assaulting Cox . The next day , no one appeared against him , and he was discharged . The jury , after vainly proposing that the plaintiff should consent to the withdrawal of a juror , gave a verdict in hia favour , with one farthing damages .
An officer employed on the Eastern Counties Railway , named David Dale , was charged before Mr . Hnmrnill , at the Worship-street police-court , with committing an assault on Mr . James Russell , a solicitor living at New Wanstead , Essex , but carrying on business in Eastcheap . It appeared from the evidence that the Eastern Counties company make a practice of extorting an extra sixpence from all holders of day tickets ; and , with the view of securing the payment of that sum , the doors of all the carriages in the train nro invariably locked until the hour of starting . Mr . Russell , together with sovcral other gentlemen , had repeatedly appealed against auch a proceeding , and it was while the former was endeavouring to resist it on the present occasion , that ho was assaulted by the railway officer in the manner ho
complained of . The eolicitor to the railway company stated thnt Mr . Russell h « d conducted himself in a very improper manner , and had not only greatly endangered hia own life , but hud likewise caused much annoy unco and inconvenience to tho othor paHsengora , and had delayed the tram at tho station nearly throo minutcH through hia refractory behaviour . Ho proceeded to show that such an action was strictly illegal according to Act of Parliament , ond that all persona convicted of that offence were liable to ho nubjectod to a line of />/ . Tho Hamo Act also Authorized tho railway officials forcibly to eject all such offenders . Mr . Hammill thought that Mr . KubboII hud acted wrongly in opposing tho railway officer , who was obviously only performing hia duty in accordance with tho rules of tho company . Tho cnao was therefore dismissed .
The neglect of an attorney to carry out the . provisions of the -Common Law Procedure Act of 1854 , in connexion with a suit in whieh he was acting as the agent of a Mrs . Van Toll , has led to the loss of his fees , amounting to 48 ? . 2 s . lOd . Mrs . Van Toll had commenced proceedings against a Captain Roberts for the recovery of money -lent ; a Mr . Chapman acted as her attorney , and he neglected to have the matter referred , under the act already specified , to a judge , by whom , as the point in dispute was only one of account , the question might have . been at once
determined . Ultimately Captain Roberts became a bankrupt , and paid nothing . Mr . Chapman , last Saturday , brought an action in the Court of Queen ' s Bench against Mrs . Van Toll for payment for his services ; nut , on the grounds just stated , the jury , in accordance with the direction of Lord Campbell , gave a verdict for the defendant . A cros 3 action was brought by Mrs . Van Toll against Mr . Chapman on Tuesday , to recover damages for the loss she had sustained from his negligence . The jury brought in a verdict in her favour , and awarded her damages to the extent of GUI .
Miss Fitzpatriek , the actress , made her appearance last Saturda } ' in the Court of Common Pleas , as the plaintiff in an action against Mr . Charles Dillon , the manager of the Lyceum Theatre , for the recovery of 113 / . 14 s . 4 d ., the amount of her salary during the first season of Mr . Dillon ' s lesseeship . The lady was engaged at the rate of 8 / . a week , to perform high and fashionable comedy . However , at the very commencement of the season , she was cast for the part of Zephyrina in Belphegor—an exceedingly low character , which she at once refused to perform . She was then desired to play in a piece called the Wedding Day , which she did , though the drama could not commence till twenty minutes after one o ' clock in the morning , when most of the audience had
left .. She Tefused several low comedy parts . She outperformed twice at the Lyceum , the second time being on the occasion of her benefit , when , though there was an excellent house , the expenses were run up so high that she made bat little . Mr . Conquest , the father of Mrs . Dillon , wanted her to play , at a salary of 10 £ a week , at the Grecian Saloon ; but , that being an inferior position , she declined . She agreed to perform at the Sheffield Theatre , of which Mr . Dillon was the proprietor ; but , after seven nights , she was told that her services were not further required . On the 13 th of December , the Lvceum closed , but only for a few nights , in
order to prepare for the pantomime . Mr . Dillon , however , wished to make it appear that the first season was then really at an end , and that he was not liable for Miss Fitzpatrick ' s salary after that date . This , said the fair plaintiff when in court , was a mere subterfuge . Ultimately , a conference took place between the leading counsel on both sides , and it was announced by Mr . Warren , Q . C ., who appeared for Mr . Dillon , that a verdict would be taken for the amount claimed , subject to terms as to the period of payment . Lord Campbell said this was a wise determination , as no one who had heard the evidence could doubt that the season was not closed
on the 13 th of December . In the Court for the Consideration of Crown Cases Reserved , on Monday , the case of a man who had professed to sell eighteen hundred weight of coals , and had only sold fourteen , was again considered , and the conviction affirmed . In the Arches Court , a suit for divorce , on the ground of adultery , has been promoted by Mr . Crnwley . There was no opposition , and the Court granted the husband ' s prayer . Mr . Lawrance , in the Court of Bankruptcy on Monday , during an audit meeting in the case of Leopold Redpath , tho convict , stated that the Crown had not interfered in the disposal of tho bankrupt ' s estate , and that a sum of about 30001 ., as realized from the sale of his furniture at Chester-terrace and Weybridgo , wua in the hands of the assignee .
A glimpse of tho smuggling life which still goes on along tho eastern shores of England was revealed on Monday in the Court of Exchequer , in an action brought by tho Crown against three persons named Ruifells , Clark , and Page , who were accused of smuggling . Page was tho only one who appeared . Ho ia un old man , nearly eighty , and almost blind , who has acquired some house property at tho village of Shotlcy , -which is situated at the confluence of tho Orwell and Stour , not far from tho German Ocean . Tho neighbourhood ia noted for tho smuggling propensities of its inhabitants . One of Pago ' s cottages , nour tho shore , ia inhabited by a person named Samuel French ; and it appeared on tho testimony of this man and hia wife that , at tho request
of their landlord , they had , on tho night of tlio 28 rd of May , allowed u quantity of tobucco to bo deposited in aa outhouso by one Wobbor , who , with tho othor dofondunta , had smuggled it over from Belgium . Mrs . French also proved that tho dofondunt Pago Imd cautioned hor ' not to know anything' if any inquiry should happen to bo made , or they would all go to gaol . For Pago it wua urged thnt tho evidence of Mr . und Mrs . French wua falso , and iu'obo from his having threatened to * County Court' them for his rant , whilo it was likowiso contended that tho groat yours and infirmities of Pago would incapacitate him for such pursuits . Tho jury , however , returned a verdict for tho Crown for tho value , 679 / . The cuao of Bromor v . Freeman and lironior , after
being argued at great length before the Judicial Com iniittee of Privy ^ ouneO , wasQgain Jbrought . forward last JSaturday , . in order that iLord W « nsleydalernii ght deliver j udgment . The main question . at issue -was , whether or not probate should be granted to . a will made by an English lady in France , the bulk . of her property beiuc in England . She was the daughter . of General Calcraft and was born in India . When ten years of age , she was brought to England , where she remained for twenty years , after which she travelled about the Continent residing a good deal in Italy . After some ten or tM'elve years spent in this manner , Miss Calcraft and her sister settled in . Paris , and from 1838 to 1853 , when she died , she did not quit France . She made a will in the En ° w lish form ; but , before admitting that will to probate in this country , it was necessary to determine two points-— Firstly , had -she acquired a French domicil ? Secondly
if she had , was a will made according to the English form sanctioned by the municipal law of France ? With respect . to the first of these , Lord Wensleydale decided that the testatrix had clearly acquired a French doraiciL As regards the second point , it appears that there is great doubt , even on the minds of French lawyers whether a will made in France in accordance with foreign forms is valid , even though it refer to property in the foreign land of which the testator is a native . In this perplexity , Lord Wensleydale felt compelled to interpret the law of France by that of England . According to the law in this country , a will must be made with the forms-and solemnities of the domicil at the time of death . The will made by Mias Calcraft was therefore set aside , and the previous judgment of the Prerogative Court , in favour of admitting the will to probate , was reversed .
The Rev . Charles Geary , described as a Baptist minister ,-of Alperton , near Acton , Middlesex , and . Secretary of the Indigent Sempstresses' Home in 1 itzroy-street , was to have been heard on Wednesday in the Insolvent Debtors' Court . Mr . Sargood opposed for the detaining creditors , and for four-other creditors at Bath , some of whom were proprietors of newspapers , for advertisements of ' The Distressed Needlewomen ' s Home . ' Several witnesses were called , including Mr . Ferguson , the chief clerk of the Mendicity Society , who described the insolvent as being a well-known swindler , and as having taken to the society after the notorious Roper had given it up . A good deal more evidence was given , and the case was adjourned . Geary was subsequently arrosted , and brought to the court .
Naval And Military. Not Using The Lead.—...
NAVAL AND MILITARY . Not Using the Lead . —About three weeks since , an inquiry , instituted by the Board of Trade , was held iu St . George ' s Hall , Liverpool , before Mr . J . S . Mansiield , the stipendiary magistrate , and Captain Walker , li . N ., into the circumstances attending the total loss of the 'barque Emperor , Captain Mitchell , and the grounding of the ship Lady Ebrington , Captain Hulmaii , " on the 29 th of March , on the Blackwater Bank , on the coast of Ireland . In neither case had the lead been used between the time the vessels left Liverpool , on the 28 th of March , and a few minutes before they struck on the bank . Captain Hulman , however , succeeded in getting his ship oil the bank with the next tide , while the barque was a total wreck . At the termination of the inquiries , the masters' certificates were withdrawn from Captain llulman and Captain Mitchell , for the purpose of being forwarded to the Board of Trade . On Friday week , at the police-court , Mr . Mansfield said tho Commissioners of the Board of Trade , considering the successful ofl ' orts made by Captain Hulman to save his ship , had thought that the justice of the caac had been met by the temporary withdrawal of his certificate , which was then returned . As to tho case of the Lady Ebrington , however , their Lordships felt compelled to suspend Cuptaiu Mitchell ' s certificate for six months . Tine Loss of this Cukucw . —Cuptnin Chnrlowood , R . N ., and Commander Robertson , R . N ., tho officers who were appointed to institute an inquiry into the loss ol her Majesty ' s revenue cutter Curlow , presented their report last Saturday . They here say : — " After a careful consideration of the evidence adduced on tho inquiry (»
copy of which ia annexed ) , wo boy to report that in our opinion tho loss of tho Coatsguurd cutter is entirely ftttributublo to tho neglect on tho part of tho master oi t , hut vessel in not taking tho ordinary precaution oi oxhibiting a light , in accordance with tho Admiralty regulations , which require that all sailing vessels tit anchor in roadsteads or fairways shall bo bound to exhibit uctweon sunsot and sunrise a constant bright light ut . tno muBtheud . ' Wo exonerate tho master , oIliccrH , nml L ' ' of tho Belgian steamship Baron Osy from all blaiuc , us every necessary precaution appears to have boeu tiiKeu by thorn under tho circumstances . " AniuinAi- Lom > Lyojnh arrived in tho port of Mull" ° " tho aoth of April . On tho 1 st inst ., Lord Kl t fi " , I ' ' ' potoutiury to China , accompanied by his suiti ' , ¦ i"''V , at tho samo place , from which ho ilopurtecl on U'J l " ' lowi day . . , 1
ng .. „ ., „ . A ( JaiIant Sor . nnsic—TIio whole- of tho l '' ^ belonging to tho Provisional Battalion at Chatham "i ¦ on Monday inarched to tho Linen , under tlio ci'i »» " " of Lioutonant-Colonol R . N . Phillip , for tho I "" ' !'"* " witnoHsing tho presentation of a French Y \ <> r y < ' which hud been awarded by the Emperor ol the u «»
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Citation
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Leader (1850-1860), May 16, 1857, page 10, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_16051857/page/10/
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