The New Hampshire Gazette

ESSEX (ENG.) ASSIZES.

Chelmsford, Wednesday, Aug. 15.

CURIOUS CASE.

Perry vs. Browne.—This was an action of trespass for breaking and entering the plaintiff's house at Billericay, in this county, and making a great noise and disturbance, and taking away divers goods and chattels. By the evidence it appeared that the plaintiff kept a basket maker's shop at Billericay, and that an old woman lodged at his house of the name of Catherine Browne, a relative of the defendant. In May last she died, and Browne the defendant, was determined to have all her personals, for which purpose he came in his carriage with his waggon in attendance, entered the plaintiff's house and carried off the property of the deceased, consisting of a joint tool, an old red petticoat, a beaver hat, a trumpt bedstead, and divers other articles of value. For the plaintiff it was endeavored to be shown in evidence that the deceased had felt such anger at her heir for awkwardness shown to her during her life, that she had determined to disinherit him, and accordingly the village schoolmaster was put into the witness' box, who proved that a will produced, was written by him from her dictation, in which she had bequeathed her red petticoat to the plaintiff's wife: and after some other valuable legacies, she made the plaintiff residuary legatee of the trump bedstead and joint tool. It was also proved that the defendant in his haste carried off some old shoes, the property of a cobler, who lodged in an adjoining room ; but, on discovering his mistake, he returned those articles the next day.

The lord chief baron observed, that neither party had proved any right to the old woman's property, as there was no probate of any will, or any letters of administration. A trespass was proved, and they would say how much damage had been done. Verdict for plaintiff--Damage: 5l.