THE GARDENERS’ 
CHRONICLE. 
[Dec. 16. 
currence. The plaintiffs thereupon discontinued the payment o 
the interest, from an apprehension that in the event of Mrs. 
M‘Giil’s death the transaction might be impeached by heralleged 
husband. The plaintiffs offered to bring the principal money 
with interest into Court, to abide its direction; but as it might 
uestion whether the marriage was void or voidable, they 
submitted thatthe Court would protect the property from 
sold possibly much under its value. Mr. Bacon opposed the 
motion, on the ground that the bill having been filed only on 
Monday last and the sale having been advertised for the next 
day, the application was too late. His Honour refused the applica- 
the Court. M 
were heard at great length in support of the motion, 
Mr. Romilly, Mr. Tinny, Mr. 
. Bailey, 
fr. Walker, 
founded, and the que n must be viewed as resting 
appeal to the diserction of the Court, and founded upon its juris- 
diction. The question had been brought before him in Sui 
». Lord Lowther,” when he felt himself pressed by the cases of 
«© Walburn v. Ingilby,” decided by Lord Cottenham, and the 
“ King of Spain v. Machado,” decided by Lord Brougham. 
had been decided in the latter case that payment of money to a 
person living abroad was not that species Of irreparable mischief 
to which the rule of the Court was applicable, It had been a 
n ‘Suisse », Lord Lowther,” 
impounded unti 
determined. T y 
proceeding was to The bill having been dismissed 
the question would be whether the Court ought to retain it until 
the appeal was dispose 
Routs’ Courr.—Earl Nelson v. Lord Bridport.—This was an 
application on the part of the plaintiff to suppress certain depo- 
sitions which had been taken at Palermo on the ground of irre- 
gularity. The suit related to the Bronte estate, which had been 
given to Horatio Lord Nelson by the King of Sicily, A law was 
afterwards passed, allowing parties to destroy the entail existing 
in their estates, and in consequence of this the second Lord 
Nelson destroyed the entail and gave the cstates to his daughter, 
now Lady Bridport. This gave rise to the presentsuit, in which 
it became necessary to have a commission to examine witnesses 
in Sicily. ere i wit 
Plummer, the examiner, to mect the solicitors of the parties at 
Palermo, for the purpose of taking the depositions, and upon thi: 
cecasion he requested to be furnished with copies of the interroga- 
tories. The plaintifi’s solicitor did deliver them, but the defend- 
ant’s solicitor omittcd to comply with the request, alleging that 
they had not been finally prepared. On the 19th August, Mr, 
Whitehouse (who had been appointed to act on the part of the 
plaintiff) left England, and arrived at Palermo on the 7th of Sep- 
He then found that the defendant’s solicitor had been 
at Palermo a fortnight, with counsel. Upon the commission 
of. 
= 
was admitted, and it was also admitted that they had been pre- 
pared after the witnesses had been questioned. The examina- 
tion, however, was proceeded with, and the depositions brought 
to England. The proceedings on the part of the defendant were 
considered irregular, and the result was the present application 
to suppress the dcpositions. Lord Langdale said if the defendant 
was precluded from using the evidence it would be most serious 
im; it was therefore to be considered whether there was not 
some other way by which possibly the plaint ff might be set 
right. He could not, however, reconcile himself to decide with- 
out having ancther affidavit from the plaintiff’s solicitor, stating 
whether he would have delivered other interrogatories if he had 
been aware that the defendant had not delivered any to the exa 
i and whether, if he had been aware of the course adopted 
by the defendant, he would not have acted in the same manner, 
and have done as the defendant had done. THe could not make 
the order asked for, but still it was material to know whether the 
plaintiffs solicitor propo ed to examine other wilnesses, He 
would leave the case as it was, observing only that he could not 
ve of the course that had been adopted. 
Marquess of Hertford v. Lord Lowther.— Lord Langdale gave 
ent i t the questions came 
before the Court upon exceptions taken by Matilda Charlotte 
Sept., 1835, said, ‘fo M. C. Stracha 
besides Austrian Metalliques for 104,000 florins, I give 5000/.”” 
By 7, he said, 
“Whereas I have by indorsement on two little parcels contain- 
a 
ustrian Bonds of 1000 florins each, g' bem to M. 
Countess Berchtoldt, I covfirm the said disposition and add to it 
The testator did not die possessed of 
to the same. 
correct; but as to the 5000/., though there was some doubt, he 
could not concur; and lockin two sums of 50002, and 
20,000/,, he did not think that there was any idea of substitution. 
It appeared therefore that the two sums of money might stand 
together, and he was of opinion that the gift of the 20,0007. was 
jn addition to the 5000/., and that so far the exception must be 
allowed. There was another exception taken by the plaintiff, 
The testator by another codicil to his will, dated April 3, 1837, 
said, ‘I give to Charlotte I 
Zichy, over all other bequests 
tels, plate, linen, money at the bankers, stock in the Monte di 
Milano, linen, horses, carriages, &c., 1 may die possessed of, at 
Milan or in Lombardy, on condition she gives 3000/. sterling to 
the Casa d’Assicurazione, to make an annuity fer the life of 
Angelica Felicite Borel, and that her husband gives her power to 
stock in the Monte di Milano, but he made a sched 
He included in it certain 
nna loan, ani 
other Bordereaux relating to 
and he certified that they passed by delivery, and tha! 
tess de Zichy was entitled to them. 
had been given to him (Lord Langdale), and they appeared to be 
obligations of the several Governments by which the bearer 
became personally entitled; and though the Master had found 
that they passed by delivery, the question was whether they 
passed by the bequest. His Lordship then referred to several 
cases, and observed that they would not be considered as pro- 
perty, but only evidence of property existing elsewhere. Bank 
notes were also evidence of title, but there was a difference as to 
them, and it arose from the common habit of men who had 
treated them as cash; bnt in the present case the Court was 
bound by authority, and the e¢ cetera did not vary the case, as it 
only extended to those things in Milan and Lombardy. The 
exceptions to the report must therefore be allowed. 
Cent! Criminat Courr.—The Sessions commenced on 
Monday, but few cases of public interest have occurred. The 
only case which calls for notice is the following :— George Davis, 
were indicted for 
furniture and certain deeds, papers, and wri 
property of Captain Livingston, deceased, but stated 
property, first of Samuel Cooke, Esq.; secondly of his Grace the 
Archbishop He Canterbury; and in the third count the property 
5 ai thea lah : 
It appeared that a: 
Charles Davis, seized the property, and with the 
female prisoner converted it into money, The Jury immediately 
pronounced Charles Davis and Eliza Trigg Guilty and Acquitted 
George Davis. The Common Sergeant called them up for judg- 
ment and said this was a most important prosecution, and it was 
the bounden duty of the Court to throw the mantle of protection 
over the property left by persons dying intestate, and at the same 
time let servants and in trust know that they were not 
to usurp authority and then attempt to shield themselves by 
wilfal and corrupt perjury. The sentence of the Court was, that 
they be transported beyond the seas for seven years. 
wick.—Elizaheth 
Baron Parke) undertook the prisoner’s defence. 
few and simple, On it 
her own dwelling witha child inher arms. She 
the greatest destitution, and had just been discharged from the 
workhouse. She applied for food to give her child, which one of 
her neighbours gave her. She was seen on the following day 
without her baby, and being asked what had become of it ad- 
mitted that she had put it into the water, and it was found in one 
f the locks of the canal on the 15th October. There was no 
question that the priscner had thrown the child into the canal, 
but the main point was whether she was sane at tl i 
The Jury acquitted the prisoner on the ground of insapnity.—The 
Grand Jury have made a presentment to the Judge which will 
be forwarded to the Secretary of State, in which they state that 
the holding the half-year’s Assizes and Quarter Sessions at 
Coventry has produced great dissatisfaction, and that in their 
opinion the county town of Warwick is the natural, true, and 
proper place for"holding the Assizes and Quarter Sessions for the 
whole county, exclusive of Birmingham. 
Western Circuit, Exeter.—This Winter Assize seems to 
have given great dissatisfaction to all parties in this Cireuit. Very 
few magistrates have attended—so few that the Judge has com- 
plained of it, saying he should like to have seen a little more 
respect paid to her Majesty’s Commission. None but very junior 
members of the bar have been present, with the exception 
of those gentlemen who are local ; and they all have complained 
& 
the officers of the Court, and then i 
he 
On the 30th of July he had been 
urchases, and ha 
e same time the party 
thought could only have been made bya dumb person. 
ensued during which by the light of the gas, which was at no great 
distance, he saw one of the sovereigns in theroad. Thinking the 
robber had thrown them all down he discontinued the scufile, 
and stopped to pick it up and search for the others. Directly as 
he did this his assailant ran off. He stayed at the spot for a 
minute or two looking for bis money, but could find nothing but 
the sovereizn he had first seen. n went to the police- 
station and gave such information as led to the prisoner’s 
apprehension. Other witnesses proved that the prisoner was 
near the spot of the robbery about the time the offence must 
have been itted, and i he pur- 
chased several articles 0! 
with him for t 
his defence, Sa: 
that he had overtaken the pr 
Cresswell having sammed up the case, the Jury almost imme- 
diately found the prisoner Guilty. A previous conviction was 
then proved against him, and it appeared from the gaoler’s evi- 
dence that he had been twice convicted and twice suffered im- 
prisonment. The Judge desired the interpreter to te!] him that, 
as he had been twice convicted before, he felt it his duty to 
sentence him to ten years’ transportation. 
then led from the dock in tears. 
Home Circuit, Cueumsrorp.—Elizabeth Hammond, a mar- 
ried woman, was indicted for the wilful murder of her infant 
child, three weeks old, by nearly severing its head from the body 
with a razor. The Jury returned a verdict of Not Guilty, on the 
ground of insanity, The Court gave directions that the prisoner 
should be kept in safe custody until her Majesty’s pleasure 
should be made known respecting her. 
William Osborne, a shoemaker, was charged upon a capital in- 
dictment with having feloniously shot at and wounded his wife, 
with intent to murder her. The Jury found the prisoner guilty 
of wounding the prosecutrix with intent to do her grievous 
The young man was 
bodily harm; and Mr. Justice Erskine sentenced him to be 
transported for life, 
Oxrorp Circurr, GLovcester.—The Calendar at these 
Assizes contained the names of 36 prisoners, all of whom with the 
exception of seven, might with propriety have been tried at the 
next sessions, as the offences with which they are charged are 
mostly of an unimportant character, consisting principally of tri- 
vial charges of larceny. The Grand Jury ignored the bill against 
William Jones end James Bick for Manslaughter, whose ex~ 
pected trial excited some interest in the county, and for whose 
prosecution Mr, Keating had been retained on the part of the 
Crown. 
John Peters was indicted for stealing on the 5th inst., at Charl- 
Kings, near Cheltenham, a gold chain, a gold eye-glass, and 
a gold pin, the property of Henry Bulkeley, Esq. For the defence 
it was pretended that the prisoner was ignorant of the owner 
the property, and that the only reason for his having been sent to 
take his trial was a desire on the prosecutor’s part to save the prof- 
fered reward. His Lordship in summing up observed that it was of 
extreme importance that the law uponthis subject should be clearly 
understood and generally known. Nothing was more common 0! 
unless the article in question were met with under circumstances 
the only argument which had h any force 
upon the prisoner’s behalf was that which, in his mind, tended 
hesitation 
r 
was proved, and the Court sentenced him to imprisonment wit! 
hard labour for six months. 
SPORTING. 
TATTERSALUS, Tuurspay.— Dersy.—7 to 1 agst Mr. 
Crockford’s Rattan (take 15 to 2); 7 tol agst Mr. John Day’s 
Ugly Buck (take 15 to 2); 17 to 1 agst Mr. Quin’s Loadstone ; 30 
offered) ; 40 tol agst Mr. Watt’s Voltri; 40 to 1 agst Mr. Quinn’s 
Foig-a-Ballagh ; 50 to 1 agst Lord Chesterficld’s Attaghan ; 1000 
to 20 agst Lord Westminster’s Lancet, Laura colt (taken) ; 1000 
to 10 agst Mr. Forth’s Ashtead Pet (takenand afterwards offered)+ 
Oaxs.—17 to 1 agst Colonel Anson’s The Princess (taken to 251.) 
20 to 1 agst Lord Westminster’s Fanny Eden (taken to 10/.) 
psc eRe 
MARK LANE, Farpay, Decumnen 15.—The supply of English 
Wheat we had on Monday was pretty well cleared off on Wed- 
nesday, and there was very little offering this morning; piers 
are fully.as high. Foreign is held firm at t me raves, 48 
there is nof’much inquiry for bonded. Barley is unaltered in 
alue. Beans and Peas remain the same. Oats are stationay 
as to prices, with a moderate sale. 
BRITISH, PRR IMPERIAL QUARTER. 8. 8 Be He 
Wheat, Essex, Kent, and Suffol . . White 44 64 Red . 
= Norfolk, Lincolnshire, and Yorkshire. . . 47 54 White 5 9g 
Oats, Lincolnshire and Yorkshire... Polands 15 25 Feed 10 95 
Northumberland and Scotch + . Feed — tata 1 oy 
Thish (aestis: y eepeiete <545 Feed 16 23 Potato Wy 30 
. " Malting and distilling 28 32 Grind. 2 
Oe rereneies 
Malt, pale, ship ; 
Fig. Mertiord and Essex PASE 
Beans, Mazagan, old and_new 22 to 29 
=—— | Pigeon, Heligoland . 28 to 36 
Peas, White . . . « 30 to 34 
yy 
Harrow 25 
Tongpod%s 8% 
Grey, 96 
AL AVERAGES 
Wheat. | Barley.| Oats: | 
bls Bd 18s 
18 
8 
Beans.| Petry 
ul 3380" 
er Quarter. Bis 7d 7d) 298 0d) us 
Bee +! az 5 9| 29 3| 82 3) & 
30 
Dic. Sas g 
ete 
6 weeks’ Aggregate Aver, 
Duties on Foreign Grain ,| 19 0! 6 0! 8 of 10 6| 10 © 
. ARRIVALS THIS WEEK. Flour 
Pe 7920 Skks 
Oats 
2110 
= 4040 
Wheat 
English 
Trish 
Seatel 
Foreign 
GAZ EEK. Pei 
BANKRUPTS.— J. Cunpy, Ranelagh-street, Pimlico, carpenter) 
Whitefriars, City, and Chester-square, Middlesex, and of Edinbute ® 
—W: Srinron, 43, Duke-st cook—Z- PARERS 
Huxpersox, Duke-street, Lincoln’s-inn-fields, and Ven 
engrave 
dem, 
Dek HUB" 
saddler—G, Bursocx, Derb: rover —W: 
BucK, South Shields, pawnbroker—J Sarrm, Stoke-upon-Trent, 000, 
SCOTCH SEQUESTRATIO: J. Wurre, Peebles, carpente! ‘on, BX chit 
ant—D. Saux, Dundee, flax-spinner—J. Haxressy, ” perthe 
i treay, Edinburgh, merchant—P. Cnicuron, 3B: 
shire, weaver. an 
BIRTHS.— On the 9th inst, at Barking Vicarage, the Hon. MrS eye Hone 
of a son—On the 8th inst., at of Wight, the lady. 
W. A’Courr Hormns, inst., the Jady © 
2, stro 
4 stem Beg a son AL 
é ye bit 
. ec 
leat daughtet oh gingiate 
Be aay Jats OG 
h f Mr. We 
sfo of 
me Loon Er, 
© On the 2d Oct, of JUNE Cigtant- 
e 
1 u ruillery— 
E. A. Gitnsrr, wido al Arvord-orleigh> 
aged 68, after a fev i 
erly of Stover, Devon 
ANTED.—AN OUT-DOOR 
thoroughly understands the management 
i ch: 
unexceptionable 
Mr. Bristow, 
—— 
% aMAN, who 
FOREMA! Country 
aracter for 
Scedsmans 
rleet-street, in 
cet 
Covent G. e County ot Mid. 
ait, COV Gommunications are 
1848 
dlesex, where all Adve: nts 
tothe Editor.—Saturday, December 16, 
& 
a by them ~ 
