496 
THE GARDENERS’ 
CHRONICLE. 
[JuLy 15, 
genial clime of southern France, or traverse the bosom of 
the majestic Rhine ; while the richer and more enterpris- 
ing visit Italy or Greece, and are likely to be led by 
curiosity and thirst for novelty to the regions laid open by 
the discoveries of a Tasman or a Cook. What thoughts 
are suggested by facts indicative of such mighty changes 
in society as are shown by the public offer for hire of 
summer residences on the banks of the Arno or the Tiber, 
or the approaching sale of a territory in Wisconsin, on the 
banks of the mighty Mississippi! Whatin the last gene- 
ration could have availed an offer of 20,000 acres of land, 
or the additional seignory of inexhaustible mineral riches ? 
Occupation of such a property westward of Lake Michigan 
would once have been an exile; now it will merely afford 
the purchaser an agreeable change of residence. These 
investments of wealth and exchange of interests are the 
great guarantees for the friendship of nations, and will do 
more to render war likely to be superseded, than all the 
quackeries of peace conventions existing or prospective. 
—Times. 
Hab. 
ourT oF Caancery.—Curtis vy. Mason.—An appeal from a 
one of the Vice-Chancellor, directiig ti the defendant to be char; 
ak asum ote 8062., lost to the estate of sip testator by the atbalveney 
co-executor, Th e bred is w xv an executor has com- 
mitted a wilful default by allowing his pe a hati to retain posses- 
mn of a sum of money for the per of a legatee, when he had 
Hotes that the money was not p: ime the co-executor Me 
promised to pay it, and when be Minton, it to remain in the hand: 
of the poe oe six ‘months, without pening. its seitivedts 
pa Vi 
am executor was renaeeaole for the loss of the Feuer It was argued 
in support of this decision, that nothing but a case of the strongest 
necessity would form any justification for an eae sees 
the mses of a testator to re: the sole rol of his 
and that in i 
ases of wilful default cited by the 
other side were not apauteble to the aera, of the present 
one. Here the executor had parted with money to his co-executor, 
in order that it might be paid to the legatee, in the same manner as 
the inlet Saas Mes have parted with it toa man in whom he 
¢ he named him as executor. is sub- 
mitted, iheretire, sees the executor was not liable, as there was no 
breach’ of trust, and that the loss must be considered the same as if 
it ha 
t 
legatee hy the inclvency of one of the e execttons, and the only ques- 
m the loss must fall. It a) red that the execu- 
rs) 
order to the broker was in their j joint na ; both, therefore, were 
lial erwards met at the ote of ence the legatees, and 
having divided the money in six portions, they paid five to the 
persons then present, and Mason allowed’ Marshall to carry away 
he sixth, sy order to pay it to the legatee, vale resided at Ply- 
ee ith shall went to Bath in order to 
That eles was nae 
4 
oe 
5 
= 
s 
8 
s 
5 
EF 
3 
33 
A 
5 
A 
2 
B 
2 
S 
Po 
5 
S 
made no inquiry about the money, o} 
although Marshall had pledged ee on leaving Loni 
it in their joint names within a week if the singute vith “dite teestel 
was not brought to fe ‘ed ern ‘oO rea: had been assigned 
for this delay, or for mn the part "or Mason to have the 
money reinvested. xmon # after, verbal oe " Margie The 
case was one of ‘wilful default; and, might Be, 
ety must now replace that portion pitts had | pect lost by 
egligence as executor. His Lordship, therefore, affirmed the 
dame psthe Bice Gunntellon 
racen.— Pin mniger and Another v. Clark—The 
same v. Dawes.—Mr. Thesiger stated that these were actions by 
sss. Pinniger and Ww estmacott, eminent ‘itors, to recover 
ndants compensation for profession: nab ceeneely which 
in the defendants becoming entitled, as next of kin, to a 
large, Proportion of the immense wealth left by the late Baroness de 
Feucheres. In 0 0 give the jury some idea of the nature and 
peste of the evita fener d by the Ue be or more prope! 
Mr. Westmacott (for the business was alm 
by him), it would be. necessary to advert Ehce ly to the singular and 
eventful history of the Baroness Me eo the Seats fe which, 
by the exertions of Mr. Westmacott, were clearly ascertained. 
The Bar is de Feucheres was of the umblst origin: she was oi 
of ia sae her father’s name was law, and she was born 
Helen’s, in the Isle of Wight, in ae Te 1790. There was no 
reise of her’ baptism, but it appeared. that By parents were in the 
ost destitute circumstances, for Sophia Da atte erwards the Baro- 
eee ret ucheres, was an inmate of the cietats Sworktiauneiof New 
port, in the Isle of Wight, from 1796 to sa? when wu was put out 
witha gentle- 
man, who settled on her a small annuity, which rahe Mtarwbid sold, 
and the produce of which enabled her, in 1809, to apprentice herself 
d the rudiments of that 
r to make so coi 
rom 1809 815, Sophia Daw resided in 
re she educated herself, acquired a know- 
ledge of languages, and made herself mistress of many accomplish- 
ments, Ries oe pene de also became peu with pe Due 
de B pa uurbon, in the year 1815, after the peace, went over t 
France, and anes acquainted with a foblemaa wig’ rebided ike 
catsttiehinent of the Duc de Bourbon, and who sees pore 
CA husband, Adrian Victor, Baron de Feucheres. In 18 Sophia 
WW, OF as she called herself, Deven returned to England, and was 
Tring in Poplar-street, New Kent-road. For some purpose she 
thought it Legal or ‘expedient, whilst living there, to have herself 
baptised as an adult. 
that she was born at Sout 
resided See Nias an Sophia aut! was married to the Baron de 
Feuchere: s then eat natty f 214,000 francs, which she had 
ng ihe trom ihe bounty of the Duc de Bourbon. At the time of the 
tract was cea into, under which the parties 
tne stipulated that the survivor was to have the property pos- 
sessed at the time of t! triage, but after- sa ap propery was 
0 be subject to ae Sontrol of the parties, @ he occasion of this 
1 parents 
an affidavit, in which mie stated at she was Sek in niz9t, From the 
time of the marriage until the year 1924, the Baron and Baroness de 
wenchevek ee together without any ecyrteye oceurrence. The 
lady’s talent: nabled 
figure at the French Court, where it seems ihe leaipied considerable 
eared, however, thatthe Baron de F euch: 
tai the nature of the intim: which e 
between the baroness ma the Due de Bourbon, To allay his nate 
cions, the baronessinduced the Duc de Bourbon to make a declaration 
that she was his nat This served the purpose for 
m 
Feucheres obtained a regular decree of paisa or what we 
call divorce, from the Frencl is the baroness resided 
with the Ducde Poe Alin 1830, when he ‘ied, Sect her by his 
Te property to ¢ of 500,0002. There 
¢ had come to his Geiitaieiy and by violence” The Baro 
should 
dd, 
he particul lars had been 
thoroughly eeatineoa ty did ak pen to be any foundation 
for this eaten on her character. Some time after her trial and 
‘tal, the Hesonede formed the determination to return and reside 
in England. She purchased a place near Christchurch for about 
She pureed ahouse in H; 
mitted about, 
died, ares no will, but leaving a testamentary eae 
heh aie left several legacies: amon, 
dillon Barrot, bulk of her property to a nie 
Taillennand, the at a of a sister who had married a French- 
man, Monsieur ales mnand. ‘The validity of the Reet tary 
paper was contest ae the next of kin, ne amongst thos 
fendants Phtury "Ate lark, a sister of t e Be aroness de 
who had married an attorney’ 's clerk, an a me a ‘widow in 1820, 
and James ree the brother of the Baro one ; feucheres, who 
was the defendant in the second action Lene ea was their 
attorney and ee viser. The testamentary agek left, baroness 
was ultimately set aside, b ine ill the: sie great difficulties i in esta- 
blishing the claims of ‘the 1 ext of Tt was 
outset, to identify the Ba: fue s de HF fe eS, 
macy. ‘This was extremely difficult, under the circumstances. She 
was born in 1790; at her baptism she declared she was born in 1792; 
in the gone ae she stated herself to born in 1793 5 
and her fathe; affidavit, stated that she was born in 1794. 
Again, her other ee ae Catholic, and died in a convent at 
Hammersmith ; and, in the register of her death, she was described 
as 2 spil T i ligre 
‘render the difficulty of tracing the 
efo 
n de Feucheres was stillliving, 
vivo ieindes the marriage contract, 
eed claimed under the bes el 
ost extensive and aca ated. 
tren Pvanceetia England. ihe Weatmadoteeonducted 
all the volu jaminons correspor Hiaace; and inci ctual outlay of 
5,600/., for which te never could have Been: bea if he ue 
name from Daw to Dawes. The Bar: 
and claimed to be entitled as sw 
M, Taillennand and the 
not tilostededt as the defendant was poor. was impossible 
pa ats the bout, ruta anxiety he had undergone OE Hes on 
rts, however, were gth crowned with success, e 
t Je 
ment which would give the defendant, Mrs. 
Clark, as a minimum share, 70,000/. There was a decree Court 
of Premier Instance in favour of the next of kin, but from this there 
ect to a ie claims of ie hospital administration. 
The president of the Cour Royale was an active member of the 
hospital administration, aa it was thoup sive to compromise 
the aie of the hospitals for a sum o' 3,0007., an arrange- 
ment which, he was ba to say, could nde he completed until the 
counsel for the hospitals got 20,000 franes for his private share; an 
arrangement to which Mr. Westinacott was no party, but at which 
he expressed his indignation in the strongest ene hen 
business was completed, great gratitude was expressed ; but. in the 
estmacott met with nothing but saan for his ser- 
vices. Those s ‘vices were of such ‘% je it impossible 
to charge in the usu: ns manner, ff Mr. Westmacott 
Mr. yah a atone respectable member of the legal 
een on, wo awa sae a wee Laas should receive 7,000/, 
eyond his outlay for his pean The defendants refused to sub- 
mit to this award, but since the action commenced Mrs. Clark Had 
paid into ex 1,602. » and the other defendant 1,400/., which di 
not cover the he Peasy! so val He would he for the j Mises to say what Mt 
West stmacott was entitled to for his services.— re any Witnesses 
were exerted Lord eiiiees interposed, and observed i there 
Pa 
® 
on 
B 
was it Mr. Westmacott’s services were o} eritorious 
desertion, but he did not real) how a jury could etiaeee BEER 
He thought the matter ought to be referred to some gentleman in 
the sioteten, by whose award the parties would be bound.—Mr. 
Kelly, for the ay fenants, asked leave to ae that his erent were 
never disposed to underrate the claims of Mr. Westmacott; the 
wished him to be rewarded liberally. But there were other persons 
who claimed as next of E in of the Baroness ide Feucheres, and it 
difficult to obtain their concurrence, and unfair that the aeteagen 
should pay the whole paeiti —After some etuither communication 
between the court and counsel, the cause was aka Ww a s Daneistchy 
to ascertain the amount to which the Epis e 
Count.—In-re ams Ween a hie ‘tediltok 
mployed a frie end So prepan ea will oe ie by which he bequeathed 
fhe whole Ree ‘0 his children. ‘The friend drew it 
3 
REROGA’ 
rin 
O Hiethatecst tand 
form, signed 
side of the 
conclusion. By sae 
placed in the middle of the appointment of the executors 
Fuse nee that this was not ir e with a wording of the 
to at the foot or 
day ee ’nnight a respite of the sentence of death 
against Giuseppe Azzopardi was received by the Governor of 
weate. The prisoner was convicted at the last sessions of 
the Central Criminal Court a Ee murder of a female name 
osa. slave residing at Sm: ‘who took him into her house 
asa protection against tiieves wha the extreme sentence of the 
S pronounced against him, which, at the time, was 
believed would not be carried into effect. The sentence will ulti- 
mately be a oecHioR ee life. 
Summ ssizes.—Oxrorp Crrcurt.—ABINGDON.—Robert 
Alfred ai William Aldri hike} James Aberdeen, and 26 other 
persons, were placed at the bar upon an indictment charging them 
with a conspiracy to cut down the es, gates, and trees of 
Robert Fuller Graham, and with having afterwards unlawfully 
assembled in a tumultuous manner to carry into effect the 
destruction of the said property, There were other counts in the 
indictment, charging the defendants with a riot; with assaulting 
certain constables in the execution of their duty; and with the 
rescue of James Aberdeen, while in the custody of the constables. 
It appeared that prior to the year 1836, there were in the borough 
of Newbury two open fields, called the East-field ae the abel 
field, pain were what is generally known id 
m. time immemorial the householders of the nerstanl ret 
Newtry had exercised the right, whether a strictly legal right 
or not, of turning their cattle into these open fields after the corn 
had been cleared away. This gat aah of enjoying the 
property being found by VW oenetione me eee from incon- 
the 
ps 
— 
a 
z 
a 
Graham’s inclosures. 
wished to try their right, he would enter into a written agree- 
ment to pay the costs of both parties, let the result of the trial 
be what it might. This, however, did not satisfy the mob; they 
stated they oe deterinined to have the fields open, and that 
they would gx r. Binney to hear the truth. They then went 
away, but GONE, 5 o’clock Mr. Graham was informed that some 
‘e trespassing in his home ground, part of the 
inclosed land, and upon his going out and remonstrating with 
the men, he was attacked by a large numver of persons, knocked 
down twice, and escaped into his house again with difficulty. 
Aberdeen and another man were taken into custody, but the 
pa testis td the mob was so great, that the magistrates thought 
t most prudent to release him upon his undertaking to appear 
Harare them the next day. This concession, for as es it was 
regarded by the rioters, incited them to further acts of violence. 
A bugle was sounded, a large body of people again collected, 
Mr. Graham’ 's fences, down ahd 
his ie an outline of the case, and it is hardly necessary to euter 
into fuller details, as all the ‘defendants, except three, who were 
afterwards acquitted, cere, wae cae made to 
Guilty, upon Rete upon their own recognizances to 
appear and receive the judgment of the Court betas called upon. 
ated that judgment wow rayed for unless 
7 were again guilty of breaking the peace. 
Oe EING: 
TaTTERSALL’s, Thursday.—There was so little business done 
shat no quotation can peu given, but the following is the betting 
at, Liverpool for the Derby :—4 to 1 agst Scott’s lot; 16 to 1 agst 
Ugly Buck; 1000 to 20 agst Wadastra c, (t); 1000 to 20 agst Foig 
a aavner {3 # zeu0 We 50 agstJohn Day’s lot, bar the favourite, 
©; St. ‘er—7 to 4 on Scott’s lot. 
Yacht hee the match Daaween Lord A. Paget’s Mystery and 
the Enigma, the property of Mr. Reed, of Ipswich, both iron 
yachts of 25 tons, belonging to the R oyal Thames Yacht 
since, and the builders of the Mystery, in order to fully test the 
merits of that vessel against the powers of the Erigma, sent forth 
a challenge to sail her for the above-named sum, which was 
egebeesy and they started at a quarter past 12 on Monday; the 
Mystery taking |, Which she maintained throughout, 
ounding a veesel at Holyhaven, about five minutes in advance 
of the Enigma, and ultimately winning by eighteen minutes, 
MARK LANE, Frinay, Juny 1 ere were several parcels 
of English ‘Wheat at’ market this tmoming, which sold readily at 
2s. advance since Monday. Free Foreign was a good sale ata 
similar seater th and fonda is 2s, higher. Barley is eas 
dearer, which i o the case with Peas and Beans. The 
trade is Maretines mn rather more money has been made chive 
Mo oe 
RITISH, PER IMPERIAL Ren % 
Ne hak) ave, Kent, and Suffoll . White ‘é i ts 10 to 5B 
jorfolk, Lincolnshire,and Yorkshire... 41 White —to— 
alting are Aistiling 25 tng2 Grind, 19 to 38 
Gaia Eincdnre and Yorkshire , ds lato 
Feed 14 to2¢ 
Pe and peeosh ona a Pota 
. oe S Feed “oho Potatols to 24 
Ban, Mata in, old and ew + 92't0.90 Tick 92 0 Csadeta | 
——— Pigs eee ita olay ad’ + 28to 34 Winds. oa 
Peasy Whit =. 28to.84 Maple 281082 Grey” 27 to30 
WEEKLY IMPERIAL AVERAGES, 
Ee Wheat. nes ae: Rye. | Beans.| Peas 
June 2 . . . 47 11 30 3 27:10 29 1 
mee eo Lae SP ie woe e [eae | age 
— 1 . . . 48 11 27 3 lg 6 3007 28 4 2 7 
— B . . . 49 8 27 7 18 9 al 2 200 80.11 
a" 90.  paabagalehanah ADuDa MON IO yep ear” 6 29 TT. aye a. 
July 7 SF Ts + | 49107 28 8} 197 | 32 8) 99 9) BI 7 
Gweeks’ Aggregate Aver. 49 1] 27 8] 18 9| at 1] 28 9] 30 6 
Duties - .!/ 90! 9 ol 8 0 iaubioccais 8 
ae IN THE RIVER L 
ure Whee) Bast] Nat 
English . 4403 Ska, Bale | 6017 | 281) 4907 
rish ee 7a | 12 
Foreign <2, 3, 1950 510 
iimrvans THIS WEEK. 
wheat Barley Oats Flour 
English « 3640 70 5350 
Ins zy a allo 
Hons iD aes 
Haees . 10040 2020 1810 
GAZETTE OF THE Ae 0 
| BANKRUPTCIES SUPERSEDED.—J. Hopkins, Southwark, cnrrier—D- 
iker—J, W. Sumner, Read~ 
SaNeRUP: TS. 
and JB: Higgs, 
Billings 
Wes Mfachtset 
ine colnshires “builder—J. Percival, 
pe 
‘ddlesex, draper—G. 
ns Alban’s, licensed 
chunt-—T. Slagg, Manchester, mivrchant 
here B. Dorel; oni ridge, Salop, meresr—W. Biss 
jun., Whitechapel-road 
“WwW 
Griffiths, Enfield, Cae 
es 
ci, bil: brokers— 
ills, jun., Acton, Suffolk, e saa lolborn, ieee xi 
nn y, New Bond-street, stationer—W. me, Grace: 
Musanacteete tery agent—H. A. Hobbs, ‘Isle of Thanet, arpenter— 
H. Jones, Ganterbury, J.'A., Stirton, Ch yent= 
garden, grocer, 
SCOLCH SEQUESTRATION, 
. Heggie, Dechmont, cane cae 
H18.— On the neh inst. i in Park. -street, the Lady Robert Grosvenor) 
sts, at No. 15, Eldon-road, Reading, the lady eae 
Asa lweicony 1a Waswiouentves te lady 
Acland, Esq. M.P., of a son 
ARRIED.—On the ath inst, ty JW 
Bett ’s 78th Highlanders, son of 
Guildford, Surrey, a recor as to Eliza 
Statiordah ire 
5th th year of her age. 
venience, a public meeting was called in Be 36 oO 
and other een interested in those open fields, and at that 
pede a resolution was adopted by which it was declared that 
would be pene ria to avail thermnelues of the provisions e 
the General Inclosure Act, nd 7 William IV., c. 
majority of the signatures to ete agreement, which was duton 
up in order to carry this resolution into effect, cones ve Able 
signatures of householders who were induced to 
ment upon a distinct repr esentation made to them Dy ane fend 
owners, on whose beha r. Graham canv; 
ee a compensation aittier in land or money should be made to 
in lien of aS privilege wey they had formerly enjoyed. 
Sun doubt: wever, aised about the legality of the 
claim which the Motecholiers ra le, and a case was submitted to 
Sir W. Follett, and Mr. Bellenden Ker, who delivered an opinion 
t the house shad no right upon this Lam- 
mas land. At a second public meeting, held in January, 1837, the 
opinion was Lda and the householders were informed that 
those who wished erase their signatures from the agree- 
ment. The lands, HOWEVER , Were inclosed, and were held in 
severalty from the year 1837 to the year 1842, when Mr. Graham 
had planted his allotment with some ornamental plantations. 
On the 21st of September in the last-named year, a considerable 
number of persons, above 100, came to Mr. Graham’s residence, 
and sent in to say that they wanted to speak to him. Upon 
his coming out Robert eer who acted throughout as the 
ringleader, said “You unhang these gates, and let us in, in 
order to save these cones” pORntinks at the same time to Mr. 
oy 
2 
By 
eu 
Ca 
2 
WANT PLACES.—All Letters to be post-paid. 
S GARDENER.—A mera Mang who has a good 
ractical knowledge of forcing in Fruits, &e.; Stove and 
@uatntsaee Plants, Flower and ae ne Garden, F% 
and Orchard, Drinte ye an unexception see 
character from the taal 16 ites. warts Direct to J,M., 8 Ne 
Road, Chelsea, 
S GARDENER.—A young Man, 28 years of age- oe 
can be highly recommended for strict integrity and 2.6% py some 
knowledge of Gardening in all its various department ones 
of the Noblemen’s Gardeners he has lived wi ire t me 
2, | Henry- treet, Upper Jolin. Bae, Liverpool: road, isimeto sh 
n. 
s GARDENER.—A respectable single youns Man, 
‘ood practical BER ol _ for 
caltigation’of Bikey, Grapes, &c. ea pe Seite 
integrity, industry, and sobriety. Direct, ie B., 4, Georg' 
Camberwell, Surrey. 
Pleet-street, i” 
e Evans, Lombard-streety them 
sigs ee ue pears wate ity of Pele an li by 
at the Orrron, 3, CHARLES-STRERT, Coun et xo ed 
dlesex; where. 8 
to the Bditore-Saturday, July 16, 1849. 
Mr. Graham refused, and said. ya if they 
