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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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Mxjbdbr by A- Boy . —John Howell , a boy fifteen years old , living at a village nine miles from Preston * has stabbed Betsy Titterington , a girl one year his junior ,, while in a fit of exasperation induced by another girl throwing a stone at him . He had a clasp-knife open in his band at the time ; " and , turning round , he gashed the neck of the unoffending child . She was taken home , and died almost directly . Howell spent the night in the fields , and next day delivered himself up to the police . He and his father are hawkers .
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GATHERINGS FROM THE LAW AND POLICE COURTS . The will cause , ' Kemm v . Garbutt and others , ' came before the worshipful Granville Harcourt Vernon , M . A ., Chancellor in the Ecclesiastical Court held in York Cathedral on Thursday week . The will in dispute was that of the late Mr . Richard 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 . Kemm , 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 other side ; 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 Saturdav , 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 , was fined in the mitigated penalty ( one fourth of the total ) of 25 / . 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 , aftor vainly proposing that the plaintiff should consent to the withdrawal of a juror , gave a verdict in his favour , with ono farthing damages .
An o / Iicor employed on the Eastern Counties Railway , named David Dale , was charged before Mr . Hammill , 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 tha carriages in the train are invariably locked until the hour of starting . Mr . Russell , together with several other gentlcmen , had repeatedly appealed aguinst such a procoediug , and it was while the former was endeavouring to roaiat it on the present occasion , that ho was assaulted by tho . railway officer in the manner ho
complained of . The Bolioitor to the railway company stated that Mr . Russell had conducted himself in u very improper manner , and had not only greatly endangered Ins own lifo , but had likewise ! caused much annoyance and mconvomonco to the other passengers , and had delayed the train at tho station nearly threo minutes through his refractory bohaviour . Ho proceeded to show that such , an action was strictly ilWal according to Act of Parliament , and that all persona convicted of that offence wero liable to bo subjected-to a lino ofT >/ Tho same Act also authorized tho railway officials forcibly to ojoct all Huoh offondera . Mr . Hammill thought that Mr . RuhuoU had acted wrongly in opposing tho railway officer , who was obvioualy only performing hie duty in accordance with tho ruloa of tho company . Tho enso was tharoforo dismissed .
The negject of an attorney to carry out the provisions of the Common Law Procedure Act of 1854 , in connexion with a suit in which he wa 8 acting as the agent of a Mrs . Van Toll , has led to the loss of his fees , amounting . to-487 . 2 s . lOd . Mrs . Van Toll had commenced proceedings against a Captain Roberts for the recovery of money lent ; a Mr . Chapman acted as hor 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 ; but , on the grounds just stated , tho jury , in accordance with tho direction of Lord Campbell , gave a verdict for the defendant . A cross action was brought by Mrs . Van Toll against Mr . Chapman on Tuesday , to recover damages for the loss she had sustained from his negligence . Tho jury brought in a verdict in hor favour , aud awarded her damages to the extent of G 44 / .
Miss Fitzpatrick , the actress , made her appearance last Saturday in tho Court of Common Plea ? , 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 lesseesliip . 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 Belpheyor—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 refused several low comedy parts . She only performed 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 but 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 far 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 thp . p . virip . nre 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 tho Arches Court , a suit for divorce , on the ground of adultery , has been promoted by Mr . Crawley . 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 , the convict , stated thut the Crown had not interfered in tho disposal of the bankrupt ' s estate , and that a sum of about 3000 / ., as realized from the enlc of his furniture at Chester-terrace and Weybridge , was in tho hands of the assignee .
A glimpse of tho smuggling lifo which still goes on along tho eastern shores of England waa revealed on Mondaj' in tho Court of Exchequer , in an action brought by tho Crown against throe persons named Ruflblle , Clark , and Page , who were accused of smuggling . Pago waa tho only ono who appeared . Ho is an old man , nearly eighty , and almost blind , who has acquired some house property « t tho village of Shotloy , which is situated at the confluence of the Orwell and Stour , not fur from tho German Ocean . The neighbourhood ia noted for tho smuggling propensities of its inhabitants . Ono of Pago ' s cottages , near the uhoro , is inhabited by a person named Samuel French ; ivnd it appeared on tho tCHtimony of this man and hiu wife that , at the request
of their landlord , they had , on tho night of tho 23 rd of May , allowed a quantity of tobacco to bo doponited in an outhoiiHO by one Webber , who , with tho oUior dofondants , had ' wnugtf led it over from Belgium . Mrs . French ulno proved that tho defendant Pago had cautioned hor ' not to know anything if any inquiry should happen to bo made , or they would all go to gaol . For Pago it wan urged that tho avidoneo of Mr , and Mru . French was falso , mid arose from his having throatonod to * County Court' thorn for his rout , while it wan likowiao contended that the groat years and inurniitien of Page would incapacitate him for fuioh pursuits . The jury , however , returned a verdict for tho Crown for tho vuluo , 671 )/ . Tho case of Bromor v . Freeman and Bromer , after
if she had , was a will made according to the English form sanctioned l > y the municipal law of France ? With respect to the first of these , Lord Wensleydalo decided that the testatrix had clearly acquired a French domicil . 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 ia a native . In this perplexity , Lord "Wensleydale felt compelled to i nterpret 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 Miss Calcraft was therefore set aside , and the previous judgment of the Prerogative Court , in favour of admitting the will to probate , was reversed .
being argued at great length before the Judicial Committee of Privy Council , waa again brought forward last Saturday , in order that Lord Wensleydale might deliver judgment . 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 being in England . She was the daughter of General CalcrafL and was born in India . When ten years of age , she waa 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 twelve years spent in this manner , Miss Calcraft and her sister sottled . in Paris , and from 1838 to 1853 , when she died she did not quit France . She made a will in the English form ; but , before admitting that will to probate Tn this country , it was necessary to determine two points : —Firstly , had she acquired a French domicil ? Secondly *
The Rev . Charles Geary , described as a Baptist minister , of Alperton , near Acton , Middlesex , and Secretary of the Indigent Sempstresses' Homo in Fitzroy-street , was to have been heard on Wednesday in the Insolvent Debtors' Court . Mr . Sargood opposed fur 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 , aud as having taken to the society after the notorious Koper had given . it up . A good deal more evidence was given , and the case was adjourned . Geary was subsequently arrested , and brought to the court .
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NAVAL AND MILITARY . Not Using the Lead . —About three weeks since , an inquiry , instituted by the Board of Trade , was held in St . George ' s Hall , Liverpool , before Mr . J . S . Mansiield , the stipendiary magistrate , and Captain Walker , H . N ., into the circumstances attending the total loss of the barque Emperor , Captain Mitchell , and the grounding of the ship Lady Ebrington , Captain Hulinan , 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 ofi 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 Hulman and Captain Mitchell , for the purpose of being forwarded to the Board of Trade . On Friday week , at tho police-court , Mr . Mansfield said tho Commissioners of the Board of Trade , considering tho successful efforts made by Captain Hulman to save his-ship , had thought that the justice of the case had been met by the temporary withdrawal of his certifjeato , which was thon returned . As to tho case of the Lady Ebrington , however , their Lordships felt compelled to suspend Captain Mitchell ' s certificate for six months . Tmc Loss on tub Cuui-uw . —Captain Charlewcwd , R . N ., and Commander Robertson , R . N ., the officers wlio wero appointed to institute an inquiry into the loss of hor Majesty ' s revenue cutter Curlew , presented their report last Saturday . They hero say : — " Aftor a ciiroful consideration of the evidence adduced on the inquiry ( a
copy of which is annoxod ) , we beg to report that in our opinion tho loss of tho Coatsguard cutter is entirely attributable to tho neglect on tho part of tho master of that vessel in not taking tho ordinary precaution <> i' exhibiting a light , in accordance with the Admiralty regulations , which require ' that all sailing vossoln at anchor in roadsteads or fairways shall bo bound to exhibit betwoon sunsot and sunrise a constant bright light . « t the masthead . ' Wo exonerate the master , oHIcoih , and crew of tho Belgian steamship Baron Osy from all blimie , » 6 every necessary precaution appears to have boon taken by them under tho circumstances . " Aomiuai , Loud Lyonh arrived in tho portof Multn on the « Oth of April . On the 1 st inut ., Lord Eltf in , | 'l « i » - polontiary to Chinn , accompanied by hln Kuii' ' , 'i" ' ^ ' " at tho same place , from which ho dopartod uii Hio ' ^ lowing day . .
_ ... A G-Aj ' l . ANT SOMMTEK . —ThO whole of till ! I l' ° l ' belonging to tho Provisional Battalion at Chatham wcio on Monday marched to tho Liuon , under tliti comnwiua of Lioutoimnt-Oolonol It . N . Phillips , for tho pur |• " . ¦«) oi witnoHHing tho proBontation of a French Wur A » ° J » which had boun awarded by the Emperor of tlio Uoiiui
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4 m TJH ? ^ JE AJD E R . [ No . 373 , Satorpay ,
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Citation
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Leader (1850-1860), May 16, 1857, page 466, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2193/page/10/
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