The Express. — London, England, 1851-02-20 00:00:00

aw inteiltaence. JUDICIAL COMMITTEE OF TILE PRIVY COUNCIL—YDSTERDAT. Pere Dar-Tat Ream re waitron Tao Jeeps nr Tay !Mansur, (pear, Ms. Baru Paean Yea Kasai Hog. T. Panasams Linos, Ara T SANT Ifs.. an SWAY ILTAN• NEwlem ST IJIOII v./LICKS - ITS Cala 07111210.—ALLEGED lIITALIDITT OW INS LAST WILL AND TVATAMENT OP TUS LATE SIX 'Lunen? TatsTkAL RICILIITIO. Mr. Serjeant Allen and Dr. It. Phillimure appeared for the appellant^ ; Dr. Addams and Dr. Harding represented the respondents. This was an appeal from the judgment of Sir Herbert Jen - Der Fuet, the judge of the l'remgative Court. The testator in this cause was the late Vice-Admiral Sir Roberton the Tria train Ricketts , of the Elms , Cheltenham, who died 18th of August, 1842, at the age of 70, leaving a wife and &even children, namely, Sir Cornwallis Ricketts, the pre sent baronet, Letitia Frances. Henry Newton, the appel lant, Lieutenant-Colemel Saint Vincent Ricketts, Ilarriet Drenthe& Chaniock, widow, Simpson Hicks Ricketts, Erg., R.N., Lavinia Ann Ricketts, spinster, and Mary Ricketts, sin married to Ih. Thomas Wright. The appellant was married on the 15th of October, Pent The will, which it was alleged was invalid, was executed and dated on the 30th of July, 1812, and was proved ton the 21st of Septem ber, in the same year. Mn. Rebecca Ricketts (the testa tne's wife), Major Thomas Askew, and Joreph Cooper Estribril were a ppointed executors to this will. The effects were sworn under filbl.lool. It appeared, from the state ment of the care on behalf of the respondents, that on the 17th of Jane, IStri the testator had a siulent bilious attack, attended with anilines., of which he was soon relieved by cupping, but which the appellants dewrihed as an attack of paralyse.. From the month of December, 1840, he also suf ferd severely from a disease of the pr etate gland, and for which on the 24th and 2Gth of December in the same year he underwent a surgical operation, and fur which he afterwards required and received constant surgical attend ance. He was reduced by this disease to a state of pertain nest and great bodily infirmity, hut it did not impair his mind, and he was, as the eespondents contended, always and up to the last of yerfect sound mind, memory, and understanding. Mrs. 'Newton, the appellant, by the codicil of the Prth of April, 1829, Vohe itrest of 2,00411. for r wparate use, with remaind e r the to he n r e children, from that time the natant, excluded her from ell testamentary benefit; awl her name did not appear once in his numerous will, and oohed:.. Of this series of will. end codicils the appellants wen only opposing the last will , of the 30th erf July, 1512, on the ground that he had a paralytic stroke in June, Bean, and another more severe in lbeember, 1810, and that from the hut period eapecially he was in a state oil mental and bodily inebetility, and wholly incapable of exe cuting a will. The will elated in the fiat instance, "I ratify . and confirm the settlement. made previously to my marriage with my dear wife, (Lime Rebecca Ricketts, and do hereby declare that the estates and interest given and loanwiethtd by this ray will shall not in any way sat, or interfere with the uses, trusts disposition enutained in such actin nt. And I lava ath to my said wife, for her abso lute Is no tit, all t h e wow y which l may possess at the time of my if. ei together a ith such interest as may be due to rar On MAI - TM mortuwe securities hereinafter mentioned Or ref-nil to," then bequeathed to his mid wife for hi r like absolute benefit all the house hold n0e1..., furniture, plate, linen, china, glass, and a ll .gm s . ast i e l,... o f h o uoshold nature appertaining to the tritasuaw. where he resided. Ile then devised the mansimelitoust. in which he resided, together with the groun d, sow hir wife during the term of liu-r natural life, and he thin devised the same to the wee of his eldest sun, t,,rnwallis Itieketts, his hi ire and assigns fur ever. Ile abet gave and Is imeathol to his son f'ornwallis Iticketts in aililit to the 11801. sterling which hi , settled on him at the time hi his marriage, the principal ennui of 2,4011/. 2, 0 110/., and Soar, recurtal to hint by three mortgages of premerty le-Innging to Mr. 5111114,1 (harks Harper, Mr. Wlllllllll Ft•IIIIIN I, and Mr. Thonms Washy, and he then heaturat he'd to hi. said inn s,,murVl /lithe enmity then stand ing in the - I hr.,- Pc r C. nt. Com-oboist. Bank Aniiiiities as would probe , the sum of 71111/. sterling, and he then wont OS to std., And inasmuch its I have by an indenture la arena dab an or about the- Meth day of Amnion, latn, made mime pros noon to my daughter Letitia Frances Henry N. awn, the wife of Augustus Newton, Ent., and her issue; Lho plore it is not My into Mimi to make any further PINS ‘I , II/I1 for her or them by this. ney will. And, as to all the rest, residue. and remainder of nay petaonal estate, of what nature or kind oweer, 1 give and bequeath to Thomas A•kes and Joteeph (*wiper Strained, to sell, dis pose et, call in, or otherwise mire ft lilt/I m o ney, so much oi nay r siduary personal estate as shall not consist of Conn y • ins. sled in any of the parliamentary storks or pub lic rands ..f Great Britain, or upon go•erilineril tor rcal seen vitas at interest. and ,11:111 kly out and invest the same in or sisal some .or one of the parliamentary stocks or public funds in Great Britain or upon miveninit nt or real aerurities in England ut ilarn-st. Ile then declared that the said Thomas Ado w and Joseph Cooper Strained should stand of hi. residuary lanolin' iodate, and the ettels, funds. or neurities upon the trust following—that VAS to say, in trust to. pay the' said into rest, divide-n.l, and annual produce unto his sand wife and her assigns fur and during the term of In r natural life, and after her decease spin. trust W I to ,111 much of the said trust monies, stocks, fund., and securities as should he equal to the sum of twenty thousand pounds, to stand jetraciewel of the emu. for the use and benent of his five other child. 0 that was to any, St. Vincent William Itieke-tts, Horn t Itst,,thi a Mteketto, Lasinia Alin Ricketts. Sinipnin Hicks itiskell,, Alla Mary Itirketta, in equal shares and motor thins. unit in eau' of the death of any or either ..f them then itnie and Istsitteathed the beque.ts to the sun i%% i.e surs Ivor of them iu equal Alan's and proportion.. Ile then devised the residue lad remainder of the said trust ninnies, e naks. Mitts. and se unties, the produce- of hi. residuary rwatal estate to his elitt.t von Cornwallis Ricketts, and he •ppoisett d hos wife and Thomas Askew and Joseph holler Straford paint reecutrii and executors of his will. The will St , sacred by George Buckman. of Clu - Itearham, in the rowdy of tiloviesatt r, law-writer, as the last will and testament of the said testator, and attested by Ileonois Wright, surgeon. 2, Exeter-place, Cheltenbess, and o s, el. rk t.. Mr. Stretford, ntlicitor, Cheltenham Mr. Thomar Wright gave the flilboving account the ,-,.ration of the will . In the forenoon of the very day on which tb will in question was executed 1 not Mr. Straford by appointment at the Elms. Ile stated to me, in the d' wresoni, that Sir Robert wietied to make a slight alteratom in a former will, and that IN/ was anxious to have my ' whether I thought the trotatar was in a state of mind, and was aware of the consequences of his acts ? 1 told him 1 was clearly of that opinion. I was in the habit of seeing him daily, and therefore I could have uu hesita.- tient in stating my belief that he was lierfeetly . rompetent to We the alteration. It 'Sex a private interview with Mr. Strained, whom I knew to lie the electowetCe prof. ssional advisor and trolicitor. lle left me in the ditifinr-nom, and requested nee to wait until tin had ermine.' matters with Kr Robert, who was in the drawing-mom. Sir Robert Ricketts was reclining on the sofa, as was his usual habit. I had seen him before 011 the morning of that day, before he nor. I was in the habit of seating him daily. I had been in continual attendance upon him from the 25th of ' lkocember, lain, up to that elate. Lady Ricketts, Mr. Strafionl, Mr. Buckman, and Mr. Owens were prevent. The two latter tIerSISIS were Mr. Stralord'a clerks. Mr. nerafonl stated to Sir Robert that by a relent statute the will could he executed by deputy. if be felt unequal to the elertion o f signing hi. name. At this time I think Mr. Straloord hint the document in his hand. lam not sure, but at any raw it was in the roam. 1 had not nen it hetore. Mr. Straftenl also asked hint if he clearly rennpreheittled the purport of the alteration wow made. It seemed to he put in this way, that Mr. !Unshod wished to understand whether the deceased knew perfectly this particular alto ration from the former will that was made, liy the 0114/ then to Is- ,scouted. and which, S. well as its *hole cont. nt.'. I then untlertood had been previously espial's., to the deceased during the time I was in sating in the dining-nom. Whether Mr. Straford only asked him whether he knew the purport or the altera tion. or put to him his knowledge of all the contents of the will about to be executed, 1 cannot charge my memory at this distance of time ; hut of this I atu clear, the will was not read over to the eleceanal• nor was there any espinna- Mutt tor its contents given to him in my pnyence. Itereply to Mr. Strafed, Me Itobert said. •• iterfeetly." and in re ference to his explanation that the w ill could be signed by deputy. he said " he was very triad of it, for he did nrit feel equal to the exertion of doing AO himself." Mr. Stealer,' then told him. if he would ask Mr. Buckman, Mr. Beekman would sign it for him. Sir Robert then &Ikea Mr. Itut•lritaii, adding that he would fill very much ololigeol it he would take that trouble. Buckman acelsolingly slimed the will for Sir Itolort, and I and Mr. Comeau , were the atteatimi witneoes of that signature. We all signed upon the drawing-nom table, which was in the centre of the nom. Sir Mollett Vt, lying OH a sofa, situated between the table and the window ; 1 ViSS between him anal the table. Mr. Straford and Buckman and (\omens were round the table. I don't recollect in what part Lally ILickett. stood I believe she was iu the noon. The will having been eseented, Sir liolx.rt Rickert. thanked Buck man again for having signed his name. Ile was a very polite mannered man, a must perfect gentle man, and on this occasion seemed very sensib!e of having been eelieved from the fatigue of using the pen himself. This completed the transaction. The only question substantially in dispute was the ladle of the detesatool's capacity at the date of the last will, 30th of July, 1812, which the respondents submitted was abun dantly proved by the evidence. The appellants sought to set wade the will on the fallowing grounds firstly, that the will elated the 30th of Jule. 1842, seas proved to hale !won progun-d from the deceased while he was weakened and im paired en mind. memory, and understanding ; secondly ' that suttitient proof had not been adduced in the cause to show that the decanted knew and approved or the contents of the will ; thirdly, that the will was not proved to have been duly etecutea by the testator ; and fourthly. that no pniiiiiits instructions 'ST DOT StalfeCttlellt recognition of the will was provad to has,. proceeded tram the deceased. The opening arguments in support of the appellant's case having terminated. Dr. Leahinetou gave judgment. The Council were of opinion that the will had been duly executed by &compe tent testator. and the judgment of the Peerugatim Comet must therefun: be affirmed - . Judgment amerslimily. EQUITY COURTS.-YZ*TUDAT. BUM' ewe Lean Qsao•aAa. WATTII r. ZIT tiNTIO; Si !ASTI Bat's.—Ftto HT op JCIPONINT TOBll2l, 1N KiNCISTION, IN TIM ACCOUNTIOT-GSNIAAVII OPYICZ, PATAIII-1 TO DINTOIIS. ml ens a petition of appeal against an order of Viet- Chissabir ILaightßraos under the following circumstances. Ma. Rem and One bask wend up judgment on a bond given to him by Mr. Alexander Taylor. Tay n l 0 r, who has years been for some yea and is still residing abroad, was istration entitled to an annuity of 2002. under • will, for admi of which the. suit was instituted. The an had fallen arrear, and in Nosember last an order , was made by the Vice-Chancellor fur payment out of a sum of 3,0002 standing in the accountant-gee ne rd's name to the credit of the cause, of 5001., thereof, to Mr. Taylor in re s p ect of the annuity. re d lessee then presented set!tion to the court stating tote circ ums tances of his judgment against Taylor, that he was and is residing ab roadand bad no property in this country to answer the judgment, except the said annu thatity and the fund in court to answer the same, and praying the accountant-general be ordered to deliver a cheque for the sum of 1001., then drawn or to be drawn by him in favour of Taylor, to the sheriff, charged with the execution of the bond judgment, or that he (the sheriff) may be at liberty, by leave of the court, to seize on the said cheque in the aceountant-generars office. The Vice-Chancellor refused to make the order so prayed for, but he ordered the cheque not to be deli vered out until further inquiry into the faen, and application to the court. Taylor's sdicitor applied at the accountant general's office., and the cheque for 4922., already drawn, was delivered to him then, signed by the accountant ge neral; but, on the solicitor's stating that a stop order was made by the Vices-Chancellor, he and the accountant general agreed that the cheque should remain in the office. The present petition of appeal prayed as the former peti Lion prayed. Mr. Bacon and Mr. Smythe. for the petitioner, con tended that under the 12th section of the Act, 1 and 2 Vic., c. 110, (the act for the abolition of arrest on masne process, and for extending the remedy of creditors against the property of debtors, &c.) the sheriff had a right in execution of the writ of 0. fa. in this case to enter the accountant -general's office, and seize upon the cheque ; but from courtesy to this court, whose officer the accountant-general was, the petitioner came to ask the court—first, that its said officer be ordered to hand the cheque to the sheriff; or, secondly, that he (the sheriff) might be at liberty to enter the office and seize it. By the llth section of the act it is enacted that "the sheriff, having execution of a writ of fl. fa., may seise any money and hank notes, or any cheques and bills of exchange, and other securities for money, belonging to the person against whom such IL fa. shall he sued out." Tile real question here was, whether under that section this court will pre vent a judgment creditor from attaching the pro perty of his debtor. This cheque having been drawn, payable to Taylor, and, in fact, delivered to his agent, who very properly allowed it to remain in the office—was Taylor's property at the time, and became seizable in execu tion under this act. The accountant-general certified to the court that he knew of no instance of an order on him to pay money over to an execution creditor, although there were orders to pay assignees of inpatient debtors and 114, notwlrators of cicrgiltmlee linings. if the right to seize the cheque was at all in doubt, under the 12th section, the court would, at all events, under the 14th section of the same act, explained and extended by the act 3 and 4 Vic., cap. 82, declare the fund in court belonging to Taylor to he charged with the amount of the judgment debt. This court always thought it its duty to aid parties in enforcing their judgments at law, as laid down in Mitford's Pleading' s pp. 126 and 187, 4th edition, and in " Robinson v. 'll Lard,* (5 Brawn, p. 388). This debtor resided abroad and had no property in this country that the creditor was aware of, except the arrears of the annuity fur which the cheque had been drawn, and if that cannot be attached the creditor is without remedy. Mr. Wood and Mr. Wilford opposed the petition. The cheque, they said, was not signed when the first petition was presented, and even if it had been signed, it was not delivered; it is nut yet delivered; but remains in the arenuntant-general's OEM`; and, until delivered, it celoild not be property belonging to Mr. Taylor ; OW debtor, and therefore was not within the letter or the meaning of the art I & 2 Viet., e. IRS, or of the declara tory set, & 4 Viet., e. W 2. The Viet-Chancellor bad care fully considered the circumstances before him, and, being of opinion that the cheque had not become di:, property of Taylor, he'woutil not make the order to citable the sheriff to tidies possession of the cheque, hut dismissed the petition, ilia-cling at the same time that the cheque be detained in the arcountant-general's office till the petitioner might take such proceedings as he may be advised. They cited "Sim moods r. Kinnaird" (4 Ves., 735), " Brown r. l'errott " (4 Woven, 585), and " Ex parts Brooke," in Simon's Reports. Mr. Bacon replied. The lord Chancellor said it seemed to him that if this applicatiou were to fail, the object of the legislature in the arts that had been referred to would be disappointed. That object was, no doubt, to give the judgment, creditor power over his debtor's property, and it appeared to him, in perusing them• tuts, that the legislature industriously tried to effect that object. The debtor in this caw was entitled to an annuity under a will, and the annuity having fallen in arrear, an order was made for payment ol the arrears out of the money in court, to the credit of the cause, so that Taylor WWI entitled to this sum (4921.). It appeared by the 11th section of the 1 ac '2 Vice., cap. 110, that any judge might make an order to charge any stocks, or funds, &c., of a debtor with the judgment debt, and it being doubted whether the power so given could be effected in some cases, the declaratory act of 1 & 1 Viet., e. 82, was passed for the mine. It was therefore clear that the legislature in roiled to make property of a debtor which could not be seized its execution chargeable with the judgment debt, that is, such property as stock, &c., which could not be availahle for the execution of the judgment, was to be declared available for a charge on it fur the purpose of ultimately satisfying the debt. 'fhe fund in this ease was in such a position that it could not he charged under that section, and therefore the creditor did not apply to the court under that section, but under the 12th section. and he prayed that the " accountant general may be ordered to deliver the cheque to him or tee the sheriff in satisfaction of the judgment, or that the sheriff may he at liberty to enter the office of the account unt-gentsral, and take the cheque in execution." The petition, it appeared, was drawn andpresented to the court before the cheque was perfected. It was to avoid incurring coat mot of court that the petitioner asked lessee of the court to proceed in the manner prayed. The accountant-gt ueral ' being tin officer of the court, the pet:tioner took the proper mune in that respect, but if this cheque was property in the poesession of a private person the sheriff would have a right at once to enter and seise it for the judgment creditor. It being, however, property belonging to the debtor in the hands of an officer of the court, was the court to prevent the. seizure of it? Ilis Lordship thought not, although the party . acted very properly in coming to the court for lease to false it. But it was the duty of the court to ascertain whether the property wets in the state it WAS represented to he in—whether it belonged to the debtor. Taking the ana logy of an acceptance of a bill of exchange, although the party wrote his acceptance on it, it was nut legally an lie rept:ince until it was delivered, for if lie put the bill in his desk, he might never deliver it; and, therefore, he was under no liability on it. And so with a cheque, though signed. it was not a complete cheque until delivered. Until then there was no property in it belonging to the person fu whose name it was drawn. Here the cheque was signed noel held in the office ready to be delivered to the party entitled, as is proved by the delivery to the solicitor of the party. If the solicitor took it and last it an action of tracer, on behalf of him or J. Taylor, as the owner, would lie against the finder. The return of the cheque by Taylor's *diviner did not give back the property on it to the drawer, but the drawee, to whoni or whose agent it was delisCrCli had the property in it, and might maintain an action in respect of it. It seemed to his lordship that if the present applkatbns to allow this sheriff, on behalf of the creilitur, to cello the cheque, which was clearly the debtor's pro perty, were refused, the object of the legislature in paesiug the acts referred to would be defeated, and although the court was hound to attend to all reasonable objections, it would not be astute in looking for objections in order to defeat the acts, He thought that the cheque was properly whitest to be taken in execution under the act, and without at all eruharrassing himself about the' terms of the prayer of the petition, he thought the sheriff should be allowed to take the cheque in execution, having no) doubt that the I cheque was property belonging to the. debtor. The restrain ing under of the Vice-Chancellor for keeping the cheque until the circumstances could he aseertaineol was right, but uu the circumstances as now ascertained it seemed to his lordship that that part of the prayer of the petiti ssss should be granted, and the sheriff allowed to take the cheque in execution. 3rrosa Timeaustaula K.ron Bates. Ra WOLVSUm rlux Fuzz Grammatt :44:m00t. - CHARITY. The Attorney-General and Mr. Metcalfe supported a pe tition pn-sented by certain inhabitants of Wolverhampton, seeking a reference to the master to approve of a scheme for the management of the above school. The school way founded by Sir Staples deny's', an alderman of London, and under letters patent of Henry the Eighth, viubling the Merchant Tailors' Company to (hold certain lands in Worcestershire` for the maintenance of the charity. The petition prayed that in settling the scheme regard might be had to the probable future TV , CIIIIV , of the chanty, and the wants and requirement •of the population of Wolverhamp ton. Mr. Craig appeared for the trustees; Mr. G. L. Russell on behalf of the master of the school, asked that the muster might have leave to attend upon the reference. The Attorney-General referred to Re Shrewsbury School, I Macuaghten and Gordon, 322, to show that the attendance must be at the master's exprnac. The Vice-Chancellor said that as there might arise ques tions of private right• he thought that the masts r should have liberty to attend, and the question of costs should be reserved, and an order was made accordingly. lams Leta Caiorwoieru, VieaCaeircztroa. Bt'elaltaie OF THE Cot'itT. Mr. Stuart mid he appeared for certain parties in " Maeßean r. Masterman, ' standing second in the regular cause list. He observed that two other cases, one a cause and the other a motion, had been placed on this day's paper in precedence over the regular cause list, as cases to be beard "by order." He objected to the practice of setting down cages to be heard oby order." Ho. clients had nor attended in court 14 successive days, expecting that their suit which stood high in the general paper would be heard. They had, however. been repeatedly disappointed owing to the practice complained of. Before the late Vice-Chancellor of England the same objectionable practice had prevailed. until it had by a great effort both of the court and the bar been put an end to by the adoption of a strict rule fur the refusal by the court of applications to give precedence to particular business. Unless a similar rule were now adopted by his lordship the general and regular business of the court must come to a stand still. he had the power to prevent undue precedence being given to particular busiaele out of ite order. In the ezercise of that power he hoped to hays the THE EXPRESS, THURSDAY EVENING, FEBRUARY 20, 1851. heard on a former occasion. The complaint was, that the i" You admit the fact, then, that you wrote the letter ?" insolvent had given his father an undue preference on some when he replied he would that say h no d m a ore at predisa sent. Wit - houses he had built. when then rved he a most His Honour held that an undue preference had been duty to . perform, but he must see defendant's papers and and adjudged the insolvent to an imprisonment of 9 letters, if he had any. Defendant then undtd Ins letter `s from the vesting order. case, and produced the copy, which, he stated, was in his own writing, of a letter he had received from Lieutenant- Colonel Doyle, observing that he supposed that his hand writing was what the officer wanted. Defendant, after leaving his house, said, "'this is all owing to a gross insult offered to my wife." Defendant having expressed the greatest anxiety to speak, here requested permission to say a few words, and having received the magistrate's assent, observed—" Sir William,' never saw you in my life before. I entertain no hostile inteation, no unkind feeling of any description towards you. This is entirely a mistake, for which I beg to express my deepest regret. My wife holds a document, delivered to her by a gentleman she supposed to be, from his representa tion, Sir William Somerville; also a private note, addressed to her, which I was ltd to believe came also front that gen tleman. I wrote a note, in consequence, to Sir W. Somer ville, requesting that he would give her an interview. The request was i f ranted, and she went ; but, not knowing Sir William Somerville, subsequently thought, although she saw some gentleman, that the servants had practised a trick upon her, and that it was not Sir William she had seen. Nobody ranks higher, or is better respected in Ireland than Sir W. Somerville, and I would be the very lust to offer him the slightest insult or offence. Seeing the envelope of the letter addressed to my wife marked "private," I thought something clandestine was going on, and labouring under the excitement of the moment I wrote the letter. lam willing to make any earthly apology. Mr. Broilenp—ls your wife present ? Defendant—She is (introducing a fashionably-dressed handsome-looking woman to the magistrate's notice). Mr. Broderip--This is Sir William Somerville. Did you get the paper you speak of from him ? Mrs. M'Carthy—Not from that gentleman. Mr. Broderip—Then I am to understand it is a total mistake altogether on your part, and, in fart, that some body has been personating Sir William Somerville. Defendant—Yes. Mrs. M•Carthy—l am quite sure that the gentleman by your side is not the man. Mr. Ilroderip—lt is so far satisfactory. You have heard what has been said, Sir William; do you wish to proceed with the case ? Sir William Somerville (to defendant)—The case as sumes such au aspect, owing to what has reeently oc curred, as to render your present excuse unsatisfactory. After the receipt of your first communication I wrote to say that I was perfectly unacquainted with the matter to which you referred—that Tuu were lalsouring under some misapprehension, and that it you preceeded to repeat the annoyance, must take the consequences. Your reply was that your wife wished to call on me. I gave her the inter view, although at some personal inconvenience, when she stated that she was totally mistaken, and had been so all through the business. She then handed to me a letter which, although not much of an apology, was of an apolo getic character, front Mr. M'Carthy, he being convinced that I was not the party to whom his observations had been intended to refer. I naturally thought the matter was at an end ; but, to my surprise, 1 received this must offen sive letter atterward,. Defendant—l assure you we were even then suffering under a misappreheusion, Sir William. I entertain nothing but the kindliest feeling towards you, nor could I feel otherwise ; I have no reason for doing so, for you never I offended ate by word or deed. Mr. llnslerip—lt seems by what fell from the defendant in the early part of the case, that after the interview his wife thought that wane person had on that occasion perso nated Sir William. sir William Sumervillc—l have no ill-feeling against him. I never saw him before. I have uo wish to press this mat ter ; all I want is to he let alone. Mr. Ilroderip (toilefendant)—You have committed a moat gross offence in writing this letter, which is couched in the vilest terms, so vi*, that if satisfied with your expression of regret, Sir William is one of the most inZyeiful prosecu tors that ever came before me. Nothing could justify such a letter. MIDDLESEX SESSIONS—YESTERDAT. Mamas Ma. Stausar ADA" AMMAN? Jesse. ROBBING CHILDREN. Mary Frans, 18, was indicted for having stolen from the person of a little girl, named Elizabeth Pitchers, certain clothing, the property of Mary Pitchers. There were five similar indictments against the prisoner. The prisoner was tried and convicted upon three of the indictments against bur, and it appeared from the evidence that she was a wholesale plunderer of children. Her plan of operations was this ; on meeting a little boy or girl (preferring the latter for her victims) carrying a bundle or basket in the streets, she would by a penny bribe, induce them to go into some by-street on some pretence or other, whilst she matte off with the articles which she had pro mised to take care of until they returned. She also was in the habit of plundering children of their clothes, enticing them into some dark court or passage, and then stripping them of the principal portion of their dn... She was sentenced to transportation for sere• years. PRISON DISCIPLINE. A diminutive ragged boy named Tricot:on pleady guilty to a charge of theft. The prisoner said—They treat me very well in prison. I have been in twice and do not mind it. (Laughter.) Sentenced to a month's bard labour and a whipping. THE POLICE COURTS. IIAN§Ii. 7 IIOI.7BE. SHANIEFEL PEI7NDER.—ScAoIu 4 d, who was a few days since charged with having robbed William Hawley, a coffee shop keeper, in Thames-street, of 77 or 73 sovereigns and a number of carpenter's tools, was brought up fur final examination. The prisoner was apprehended on board a vessel hound for Port Natal, to which he was about to emigrate ; and, although he had little or no property a few days before his apprehension, a quantity of new clothes, for which he had paid a considerable sum, was found in his trunks, and cash to the amount of between 6/. and 7/. was found in his possession. The officer, in making a search on board, also found in one of the prisoner's trunks a key which opened the door of the prosecutor's bedroom, in which was kept a carpet bag, from which the sovereigns had been cut. fhe evidence, however, would have proved insufficient if the prisoner had not, in his appetite for plunder. seized a num ber of old tools which the prosecutor identified as his pro perty, and which the prisoner intended to turn to account in the country to which he meant to g o. Two persons were culled by the prisoner to prove that the old tools belonged to him, but their evidence profits d him nothing. Neither of them could swear that he hail ever seen one of the articles exhibited before. The prosecutor stated that some of the tools had Leen long in his father's as well as in his own possession . The prisoner said he had put into the possession of his solicitor a statement showing that all the tools and all the money were his own property. The prisoner's solicitor, however, having looked over the exculpatory account, advised his client to delay the produc tion of it until the day of trial, as the case would, pro bably, be referred to the decision of the jury. Alderman Hunter approved of the judgment of the solicitor, and committed the prisoner for trial. CHARGE or INCITING TO ~TEAL.—A young man named Lockhart was charged with having induced a boy 9 years of ag the son of a hatter in Catherine-wheel-alley, to rob his father of several hats. The child, who was at first included in the charge of have ing robbed his father, was examined as a witness upon the present occasion. Ile stated that Lockhart had threatened to beat him if he did not steal the hats, and that to avoid a thrashing he had actually, from time to time, conveyed to the prisoner ten new hats. The Alderman took considerable pains with the case, but was obliged to say, after a cross-examination of the witness by Mr 'Yates, that although there was no doubt of the moral guilt of the prisoner, the evidence could ant possibly lead to a conviction. The prisoner was therefore slis cannot attempt to justify it. I declare upon my honour that I was suffering under a misappre hension, and if that is not enough. I am willing to take my oath of it. I repeat, lam willing and most desirous of making every earthly apology to Sir William, who is entitled to respect from everybody that knows hint. Sir William having kindly repeated that he had no wish to press the matter any further, Mr. Broderip pointed out to defendant the indignity he had committed upon a gentleman in Sir William's position, whose feelings he had outraged beyond description, and as sured him that but for his interposition it would have been his (Mr. Broderip's) duty to have committed hint for twelve months in default of his finding good sureties. Ile hoped tho contrition expressed by the defendant was sincere, but begged to impress upon his mind that if he were guilty of a repetition of thin conduct to Sir William or any other party be must expect to he visited with the heaviest penalty of the law. Defendant observed—l am exceedingly obliged to Sir William. I feel the deepest regret at my conduct and shall ever feel it.—defendant :tint his wife then left the court. LAM BETH. EXTENSIVE 11.01111 ERIES oN THE Sorest EASTERN RAIL IVAT.—Geurge Bat-nit, who keeps a general shop at Newport l'agnel, was placed at the bar before Mr. Elliott, for further examination, nn a charge of being concerned, with his brother Enoch Barrett and William Evans, in stealing, at dillerent times, front the stations and carriages belonging to the South Eastern Railway Company property of all descriptions, amounting in value to over 2,0001. The prisoner had been given into custody on last Saturday week by a servant at the shop of Mr. Terry, a bookseller, in the hint-road, where he had offered some books and weekly publications much beneath their rabic, and had been re manded on suspicion of having stolen the property. Some days after it was found that the property formed a portion of a partel which had Wen stolen from one of the trains on Friday wetk, and which bad been directed to a tradesman at Deal. The apprehension of the prisoner led to a strong suspicion against his brother Enoch, who was a switelt turner in the company's employ, and also against William Elam, a stoker in the victualling yard, Deptford ; and upon their houses being searched, up , wards of MI. worth of silks and other property were found, [ and both men and their wives are at present :a Maidstone gaol. On Thursday last, Sergeant Carpenter, of the It division of police, who has the case in hand, examined the shop of the present prisoner, at North End. Newport Pan nell, and there discovered nearly a cart-load of property, all r of which has been identified Is forming, like that found at the dwellings of the other prisoners, portions of parcels stolen from the South Eastern Company's stations or lug- gage trains. The prisoner, in reply to the charge, said he had been in the habit of purchasing goods of every description in Rose mary and Petticoat lam., and the hooks and papers which he had offered for sale at the shop of Mr. Terry he pur chasetl from a man on Tower-hill. Ile had been employed, he said, for some years on the Brighton Railway, and he defied any one to bring forward the slightest imputation against his character. Mr. Owen, an inspector belonging to the Dover line, observed that it was a fact that up to the present transac tion the prisoner and his brother had borne the very highest character. Such, indeed, was the estimation in which the South-Eastern Company held the latter, that they gave him a handsome gratuity but a few weeks since, and, in fact, he was perhaps one of the last of the servants in their employ that they would suspect of dishonesty. Mr. Owen further informed the magistrate that amongst the articles found in the possession of the prisoner anti his brother were four whistles each, and the mint susoicioum part was that each of those four whistles had a different sound or note, and the other four corresponded to a perfect nicety. They are made of wood, and arc the workmanship of the prisoner George, who is by trade a turner, and there can be no doubt were used as signals by both brothers, and assisted them in carrying on their extensive system of plunder. The prisoner was remanded until Monday next, when his confederates will also be brought up for further examination. MARKETS. COTTON.—LtTinroot, FEn. 19.—Tire seen of cotton today ars estimated at 5,0 . 0 bales, and consist of about 3,000 Ame rkan; ISO Fermin and Nansissa, 74, 9: 100 Bahia, 7f, 5; 201 flannt, h. st. Total mince Thursday, 24,000. Impart since Thurs day, 2.5,000. The tnaik,t clove stewilly. Compared with Friday's raneeds prima of all kin are wilmut change, except low American, whin& is per lb. down. We thank we MC tack day an Marta* d con fidence in prootit noes at Itaat Ming maintained, at 4:1 events for some time to come. COALS.—LoNDos, fir.;. 19.—CL6sx tie TUE MARXIST. —Bate's West Hartley, lie. 6d. Moor Bute., 13a.; Wylaca, 13a. 6d ; Wall. End Brows, 19n. 9d.; Will. End Ilnenek and Co, 14a. Gd.• Walla End Law." 14; Wand End Riddell, 14s, 5d.; Mrs Hain, 341. ; Lambdas Primrose, 13a. .H.; Walla End Bell, 13a. bd.; Walls lid Braddyll, 16a 0.1.; Wand End ton, 16e. 94.; Walls End lamblon, led. ed. ; Walls End Rasnel's Fiction, 16s. ed.; Walls End lila 41.; Wnla End Hcugh 11,11, Wails End Artier, IG.. 64 ; Wal:s End South hence, ISA. id.; Walls End WRA Hartlepool. 13v. 9d ; wall.; End Whitworth, 134. ; Walla End Adelaide Test, 13a. 3d.; WAIL' End Backhosee, 155.; Hi*.la Ent South Durham, I4s 61. ; Wane End St. Ileleu's Teen, 134. ; (I'm Goeh Stave, 21r.; Whitworth Coke. 111 A—Ships at market, Si ; sold, 21. 110FS.—WORCE , TER, Feb. 18.—There %a% a fair (le aned for new flop ..t full rates, of which there ere few on offer. CORN.—BARNSLEY, Feb. 19.—We had a full attendance at this market, both of fannera and miller., yet but eery little bueinese was transacttd, and that at rate. lower than thine of any week during the preeent year. M heat was from fad. to 9d per 3 iniehels raver than last week, android at tram 14.. fol. to lac. per 3 buidies. Barley at trims Ids. to 295. per qr. Ow,a, from 16a. to 21e. BOSTON, Feb. 19.—We have had a thin attendance of farmers at market to-day, tad a .mll thaw of Wheat, with an exces sively dull trade, at le. decline, nap( for One dry samples, which were in demand at beady late rates. No change In the value of Oats or Beans. Wheat, red, 2.1 e. to 39a.; white, its. Oats, lis. to I7a. Pawns, 245. to 265. per qr. CHICRESIEK, Feb. 19.—Our market to-day was mode rately supplied with grain, but we bare no improvement In the d:. wand for any article, bu7ers merely taking entacient to supply their immediate wants. Wheat, ens. to Ph. Barley, 2a. to 2rm. Oath 16, to Bas. Bean., 38s. to :Bs. Peas, 975. to 24a. Victor, .Bs. par sack. GREAT YARMOUTH, Feb. 19.—We have again a heavy supply of gram of sll kinde, sod, to effect sole., a redoetem of 6d. to Is. per qr. had to ho submitted to. The sonditiou of oar deliveries bare somewhat Improved. but much thin remains on offer, which. is difficult to quit a: auT price. Wheat, red, per Glib., AL to 355. 631 b., VW.; white, English, 6.31b5., 4.15. to 44a. Barley, best Suffolk runs. 225. to 21s; ram, s.•, grinding. per IS Woes, 191. I Oats, English, 41Ite. tea.; 431tet, 22a. ; foreign, as Ilbe., 175.; 421b5., 19a. Beaus, new, 22e. to 27... did, 275. to 20a. Gd. Peas, m 275. to 2Se.; boilers, 26e. to 20e. I loit, pale, chcesber, 445. to 525. Moor, f. o. b.. Ms. per sack of 210 lbs. liarwaso's HEATH, Feb. 19.—Our market to-day was very quiet ix demriptial of grain, at the curtest rates et bet wrek. Wheat, white, old, 10/. ISe. to Ill.; rod, 101. to 105. t 0,.; Lew, white, lot, to 101. 10e.; red. RI. lee. to 91. Barley, 21s. to 27a. tans, I', to 180. Beans, 24,. to /7e. Leap, 275. to 28s. IlEntroitio, Feb. 19.-Considerable slackness prevailed to-Jay, although the number of deaden and meetkants woe as huge an upon soy du slow starting this new extra market. The farmers were chug' dto tome down a shade m price for Wheat-Id. and ado per buokel, the kcal millers obit 11 Ming out, and wish itot,bay export on the Saturday. NEWARK, Feb. 18.-On 'Change to-day the supplies of grain were mace then equal to the demand ; even line qualities bed difficulty in realizing last week's prices. Wheat the best runs of malting Barley must be quo'cd Is. per qr. cheaper ; inferior Owns tower. Oats, Ream, and Pew, for teed, supported last currency. Prim: Wheat, white, 44a. to 475. per or.; extra, 43e,• red. 345. to 416.• extra, 425.; Baler. malting, 22e. 21c; extra, Sts. - grinding, 19., to 20c; extra, Ms. Oata, seed, 20. to 21x; extra: 25,.; feed, Vs. to 168.; extra, 170. Leans, read, 255. to 26a.; extra, 275. Tares, seed, 34. to 365.; caul" 38e. ROlBlO/11), Feb. 19.-We have no alteration to notice in the price of any kind of grain, with a short supply. The following are the pric : Wheat, 33a. to 410. Barley, 230. to 2'J.; grinding, 20e, to 23.. Od. Oats, 16a. to 210. heats, 22,. to 21a. Lea% 2* to Rai. Rye, 21a. to 23e. Srocgron-on-Trag, Feb. 19.-We hare good arrirala of Wheat for the put week. At this dtv's market there wit on:y • moderide supply of Wheat from the mien% for which there was • good demand, at the estreme prim o of this dry weer k. Oats met • fair sale at set week's rates. Beans and l'esseontinue in Heady demand. DUBLIN, FEB. 18.-We had an exceedingly dull mar ket to-day toe every descriptimi of main, and we reduce our extreme quotations of Whea and Barley about 64. per barn.L Usher articles ecareele supported Priday's currencies. White Wheat, 21s. to 340.; red ditto, 190. to 22.. Barley, 12s, ad. to 14.. Oats, Ss. Id. to 10e. 3d. Cape wed, 181. to 20s. per harrel. Ommeal, cd. It.. 6.1. Bakers' Flour, 12s. 6.1. to 13s. pa cwt. Indian corn, 295. to 32e. per 430th.. CATTLE, ite.—Rottrouu, Feb. 19.—Our market was but moderately supplied with all Linda of Ptnek to-day. Beef dull of pale at late pricer. Mutton a 'dud uile at a better prim The follow. 4in ,1. V eal, are the3s. quotati4o. to 3a, led. Beef, Pork, 2e. 01. to 38. ad. to 3 Mp.utton, is. 10d. to 6 ltd. SorfltALL, Feb. 19.—Tnute war licavy to-day, but we dO not note any alteration in the pri. e. Deaf made from la. ad. to 3a. ed. Mutton, 30. 2d. to is. fkL V. al 3p. 10d. to 4s. 10d. Pork, 2a. 44. tO 36. 4d. per stone of Sibs., pinking the offal. SHIPPING INTELLIGENCE. the “Maippiag Othette, - ethl • Lleyde CASUALTIES. Ann (brig), of Anstruther, Lumsden, from Newport to St. Thomas, was fallen in with, in a dismasted and sinking state, Jan. 9, and crew taken off by the Urgent, from Belfast to New York, and trans-shipped, Feb. 2, in lat. 87 N., and lon. 32 W. to the 3ledina, Guthrie, fronallan. ritius, arrived in the Clyde.—Glasgow, Feb. 18 . Foam (*ch.) of Inverness, was abandoned, Nov. 28, in tho North Channel, off Rattan' Island, after being in contact with the Grace, Id'Vae, from Ardrossan to Bombay, which vessel took off her crew, and transferred them in 3 N. 22 W. to the lludbrook, arriNed off Brighton. Ganges has been lost at human River, Honduras. SEABORNE MAILS. IS Mae Mao that the a ails CR Rent tro the General Poet office h 7 the meat— ard M morning--devauti.l Day le ben feeds up Lo' 1 dre pa From what COUNTRIES. ii d Poet & - Feettehed. Olt re aw e .L -- ---d At erice(byadt.pecket N Feb. 26 aawriearaited State.. peetet N Feb. 21 llvreplel Mem& 3: Imerlea byU.Statamk.l l &arch 4 Africa ( West Cued) ...N 141 k of the month .Plyisonte ... ilamh 3 Alexandria* N IMltScSoth amen. Dover IPA 29 Intgium N ..a.ly y Brasil lll 4th of the month souttaneeton.i Vet. 24 Buenos Ayres .., .... ll !nit of the motdb Southampton. Feb. 24 Obegreelll 17th of the mon renuthatepteo.l 7 eb. 20 Capeof Good liops N .eth of tin. mon th Il*lyinouth...... l Mareh 3 Conetantinopte • N 7Ml7th27tbormein Dover Central Americo ili 2neilti7thof month Southampton. Feb. 20 Channel Wee ' tron.,Wod../kFrid. 4outhamptoe. , l 4 a.Th.Se Chili II l' to of the month Southatnplon.lreb. 20 MI M N ruler dell, DOWN Twice de. Greece* .N 7thl7th27thot MAI Dover Hamburg If f modal et Friday 'London T, Mon.ThuSet Holland ............. .... AS Weiner,. & *War. 'London Honduras -..... .. .....N 17th of the month Iflouthampten Feb. 20 Ireland ... & N rose deuly .. ... „. Ilolfteed .-. Twice de India (ria tiontleami4.o4 lON of the month SouttnuoPten. Feb. 23 India (via Marseilles) ) N lthS2eth of womb Dover 'March 3 Mediterreama(via South ampton) DI 26th of the month Southampton. Feb. 28. Ditto Mandllee) l4 lthn2lth of month Dover ... .... Mirth 3 Mexico II 2nd of the month Southampton.' Much 6 Madeira Malta. ... . 1 7th,l7th,inth,27th ' 1 ft3othof the month. Dryer Septet* 3i 34111.3th23th01 mon"Dover 1 ' repel Matte* ... ...N Atil3th23thof mon Dover -. ...... Feb. 22 Petunsala 3l 7thlitb27tbof mon 4outbampten 'Feb. 26 7t I th of the month Southampton.' Feb. 2ii Teseeh liu. Ya .....-----11 16 74h15th23thot mon Dorer "Feb. 22 Wed ladies II 17th of the mouth nouthampten. Feb. 20 Wed ladies (s ame Ild vessia.aai N) 21' Mil of Me month doadmiaptoa. Mardi 5 [but tho tannthidaatbsowtos. l llarcb 5 atintries thus marked (1 an =rend by • The mails to tbwo r reset peeket via Maria] co-operation of the bar. lie would observe, however, that there were certain matters in which such precedence must of necessity be accorded, and in which a denial thereof would be simply destructive. COURT OF QUEEN'S RENCR.—YvergRoAs. etrnsus AT NIIII Poses AT Or ILIMALL.-111701ft LOAD CAXIIIII.I. I , FaCIAL Jews. Wuxi PAI:PER) r. Lawson.—Ltuet.. It appeared from the opening statement of the learned counsel, and from the subsequent evidence, that this was an action for libel brought by the former assistant gaol, r of the Marlborough-street police court against the defen dant, as the printer and publisher of the times newspaper. The plaintiff complained of an article which appeared in that paper on the 23rd Dec., 1840. On the 27th April, 1819, a person named Hackett was charged with a burglary at the Marlborough police court, and remanded until May 2. Upon that day it was the duty of Willis, as the assistant gaoler, to lock up the prisoners who were brought from Newgate in the cells belonging to the police court, and to take them before the magistrate when they were called for. It so happened that on the 2nd of May, 1849, Willis was unable to leave his house through indisposition, and the chief gaoler took Hackett and another prisoner, named Mackenzie, from the police van, and locked them, with three other prisoners, in a cell attached to the police court. When the chief gaoler went to the cell to take Hackett and Mackenzie before the magistrate, he found that they had escaped; be could not, however, perceive that any violence had been used to the door, or to any other part of the cell. An inquiry took place, as it was thought that the prisoners could not have escaped without the negligence or con nivance of some of the officers belonging to the police court, as the three other prisoners who were in the cell at the time had not escaped. A messenger was sent to the house of Wilke, sail in a locker in the house! there was found a duplicate key of the cell. After due investigation had been made into the circumstances of the affair, Wines was discharged from the situation oil assistant jailer and reduced to his former rank, which win that of a police constable. Some months after his escape, Hackett was again arrested and imprisoned in the Yentas vine prison, from which place he likewise escaped, and it was in giving an account of his adventures that the reporter of the Tines had alluded to the affair at the Marlborough street police court. The following passage in the article ! was the one on which the action was brought: "The autho rities instituted an inquiry, and it turned out that the turn- key bad received a large sum of money to effect his lihem ties, and be was discharged." The plaintiff now alleged 1 that in consequence of this article in the Times parties had ceased to employ him since its publica fiat, who had done so before 'There was only one witness leaned to prove the special damage, and he stated that he had left off employing the plaintiff some months before the article in question was published. Mr Ilumfrey then addressed the jury for the defendant. The plaintiff in his declaration had omitted the last Gmr words of the passage complained of, which were, " and he was discharged." The conduct of the plaintiff was calculated to excite suspicion, for there was no place from which it was less likely a person could e‘cape, unless by a troldeu key, than the cells of the Marlborough-street Police Court, and there was no doubt that the prisoners Hackett and Mac kenzie hail got out of the cell by the door, which was °peat el iu the usual manner by a key. It was not the article iu the Times which had caused people of retpueta bait), to withhold employment from the plaintiff, but he . ause he had been discharged from his situation as the assistant jailer of the Marlborough-street Police Court. Lord Campbell said the verdict must pass for the plain tiff, and it was for the jury to give such damages as the attack which had been made on his character justified. The jury returned a verdict for the plaintiff—Damages, farthing. COURT OF EXCIIEQUEIL—YESTERDAY. Nun Pam—Barons Sea F. Polices, Cum Bmost, ma A LONDON Coaxes Jr.,. MORTON T. TATLOR.—APsAns. This wm an action of trespaas for an assault. It appeared the plaintiff had obtained possession of the house :co. 1, Trevor-square, Brompton, by stratagem, and the defen dant, on the 4th of December last, about six o'clock in the evening, collected a number of persons, who laid siege to the house and entered it. The defendant, who is a baker, inked the plaintiff, a chandler, his busies so there, unit walked him out. The principal question for the jury was, whether more force was used than was necessary. The jury found a verdict fur the —Da mages, 321' COURT OF BANKRUPTCY.—YESTERDAY. Barns. Ma. tominissiosea YoNZIAX4CII. IN RE ALEXANDER. BLACK. The bankrupt, a bookseller, of Wellington-street North, applied for his certificate. The balance sheet, prepared by MOATS. 31.1(illop and Young, showed the unsecured debts to be 1,3261. ; secured, 5411.; liabilities, 532/. The awls were returned—good debts, 43.5/.; property, 7041.; ditto held as ws:urity, 2/151. The bankrupt, on the let of July, 1819, had a capital of 1,2981., nod whilst the profits and receipts were 661/., the trade and personal expenses were 1,4161. ; losses, 8071. Mr. owrance supported the bankrupt. Mr. Sturgeon, for a creditor named Hemsworth, ap peared to oppose, and examined the bankrupt, who de faced that be hail bad frequent communication with Mr. Ilemsworth relative to the formation of a partner ship, and also to the negotiation of a loan, when a balance sheet was prepared. lie then believed he was solvent to the extent of 1,500/. In the statement shown to Mr. Ilemsworth, private debts to the extent of 8001 iir 900/. were omitted, as was also private assets to about the same amount. He believed that this statement (made out in respect to the partnership) was mad* twelve mouths before the bankruptcy. Ilemsworth never did suc ceed fur him in anything of the kind. Mr. Joseeph Hume, M.l'., was one of the private creditors for 107/., who would not have railed upon him for payment. Mr. Bowyer, a pri s aentlem..n and petitioning creditor, would not have A-At..l for payment. Mr. Oxenford, a Costotn-house agent and creditor for 100/., would not have called un him. Mr. Hume held a promissory note payable ou demand as emu ' rity for his debt. In answer to a question, Mr. Stansfeld, the official as 'deuce, said that the assets would pay about lbs. in the pound. The bankrupt, in further examination denied ever having had any dealings in accommodation bills. Mr. 3l'f'urdy had drawn bills, purely aceonunodation bills, on the bank rupt to the extent of 1,0001. in the first instance. Mr. Hemsworth had told him that it was no use looking about for a nurtner and that he always hail plenty of bills by him on which he could raise money. Ile had tried to get bills cashed, but did not succeed. Hemsworth had offered to let the bankrupt have the use of a 1101. bill, he receiving 301. or 40/. out of it. lie got 80/. for the hill. nut of which Ilemsworth gave Idin 30/. in money. That bill was dis- Messrs. Spalding and nudge, stationers, ad vaneed the 801.; the bill being giveu as collateral security. After a lengthened examination, and much di cession, His Honour said it was exceedingly to be regretted that a person who had carried on business for 30 years unim peached, should have got into such transactions as with Hemsworth, as would render him liable to any imputation against his character. But for these transactions Mr. Black's conduct would have stood totally unimpeached. The court must therefore see what degree of credit was to be given each, when their conduct came in contact. Hems worth statist that he was in business as a " private agent, - and observed that it was not a business to be clearly underetood in this court. This court hoped it never would, and when the court feud that such a business extended to unkindness, it ought to be placarded on every door, '• lassware of private agents ;" for dealing with such agent, was the sure road to ruin. The transactious as shown in this ease, appeared to turn upon " ringing the changes," for there was now before the court the names of at least six poetic., who did not appear to he worth 50/. of their own recount". There certainly had been a misstate ment by the bankrupt, which might weigh in his Honour's judgment ; but that would not so much rest on the complaint of llenieworth. The next complaint was, that there was a bill of Caldon's entrusted to him °souk rupt) to get discounted,which was deposited by la rite. Iletneworth deeded the bankrupt's rightto deposite it, anon there was nothing on the part of the bankrupt to show [that he had ; but from the tone of the letters before the ' court it could not be implied that there hail been any con cealment, and the bankrupt hail nut been censured fur so depositing it. And the statement of Black was, that out of , an 80/. bill Hemsworth had got 40/.—it is not contradicted. These bills were concocted in the usual manner. as " private agents" would do. *f he clerk to the " private agent" fills up tae body of the bill, the drawer is a person with whom the acceptor has no sort of relation, but with whom the " private agent - appeared to have had very extensive transactions. if the matter had stood on the merits or de , merits of the trap action the court would have said Hems ' worth had nothing to complain of. lie would get 150. in I the pound if he established his deb., and he had a large amount by way of interest. The commissioner had said on a former occasion that he had been upwards of thirty years a commissioner, and had never seen a creditor pursue a similar course to Ilemcworth in respect to his attempting to nego tiate with the assignees. But for the mis-statement Black would have hod a first class certificate. Traders must know that they were bound to disclose everything. and were not to *peculate as to whether relatives would ask for their debts. The certificate must be cusp. oiled for three months from the last examination ; when granted to be of the second class.—The case lasted four hours. charged. BENEVOLINCL.—The Lord Mayor requested that the c would acknowledge his receipt of I/. from Mr. re i si rLe, 1/. Is. from Mr. W. H. Italic (7th subscription), and 10s. from " R. P. and W. H.," for the poor-box. FALSE PRETENCES.—G.F.IIopping and John Drown were brought up fur final examination, charged with having ob tained a quantity of iron, the property of Juhu Denies and Co., under false and fraudulent pretences. Mr. J. F. Morris, clerk to .Is•ssrs. Daniels and Payne, of No. 29, Upper ThameiestrMt, iron merchants, on Saturday, the Ist of February, between it and 9 in the morning, a cart with the name of sharp upon it was brought to our premises, and the carman, whose name I believe to be Skegge, presented to me the order protium", for three tons weight of rod iron. It purports to come from Mr. A. T. Batchelor, of No. 146, St. John-street, a customer of ours. We have executed similar orders before. The car man received one ton of split rod iron. I spoke to our ma nager, and by Isis direction a messenger was sent to Mr. Batchelor, and from what he said, it was arranged that one ton should be placed in the cart in order to give us an op portunity of tracing it. The order was directed from " Star Foundry, 146, St. John-street, Smithfield," and was signed " For A. T. Batchelor, George F. Hopping." Thomas Usher, iron and metal dealer, of Golden-lane, said—On Friday, the 31st of January, 1 ordered from Brown four or five tons of split rod iron. lie came to my shop and showed me a sample. It was to be 8!. 10s. a ton. On Saturday morning two men brought me one ton. Skegg. was the driver of the cart. It was not delivered, as they brought no invoice with it. I declined to receive it. It remained at my door after 1 returned home about half an hour. It had been brought before I returned home. Brown and Hopping then came. The iron was still at the door, and I asked Brown how it was that they had only brought one ton, and Hopping showed me a bill-head of Messrs. Daniels and Payne, stating that they were out of the other size." 1 then said I would pay them if they gave me a bill and a receipt, and Hopping wrote out the invoice and receipt produced in Brown's presence. I sent my man to unload the iron, but he returned and said there was none then •; which Hopping accounted for by saying he supposed the carman was dubious about being paid ; and when I told Brown he went away in the same direction Hopping had gone. I did not pay the money, but the re ceipt was left in my possession. 1 had seen Hopping pre riousl4, at Mr. Batchelor'`. E. keep, carman, in the employment of Mr. Sharp, of Alderestate-street, said, on the 27th of January I took a letter from my master to Messrs. Duuiels and Payne, and I received there two tons of iron, which I took to Artillery lane,l and delivered to a person I met in the street. I took it down a passage. The prisoner Hopping was there, and I gave him the invoice. I saw Brown there, and he as sisted in unloading the cart. They took it up the court. We had some beer, for which Hopping paid. Hoppiug gave me two shillings, and told me nut to tell anybody who ' might ask anything about it, and to say that I unloaded it into a country waggon, and I told the officer so. On Satur day evening last I went with the second order. I had not told my master about receiving the two shillings. When I took the second order I received one ton of rod iron, and I took that to Golden-lane. Hopping came to me in lion slums-street, and asked me for the invoice. I gave him the paper I received from Daniels and Payne. He asked me why I had not got the other. I said they had not got it. I took the iron home to our yard. Mr. A. T. Batchelor, of 148, St. John-street, said—l believe the orders produced to be Hopping's writing. lie let my service a few days before. Ile had no authority to give these orders. I did not receive the goods. T'he orders have been taken out of my order hook. When Hop ping was in my employment he had access to the book, and was then accustomed to give orders for goods signed by himself, but it was always dune by my direction. Storey, the officer, gave evidence as to the course he pursued in watching and apprehending the prisoners. The prisonere, by the advice of their solicitors, reserved their defence, and were committed for trial. MARLBOROCOH-STREET. EXTRAORDINARY AFFILIATION CASE.—The Earl of Stamford and Warrington was summoned before Mr. Bing ham for refusing to maintain an illegitimate child, of which he was alleged to be the father, by Mary Ann Parkes. Mr. Fraser appeared for the mother of the child, and Mr. Clarkson appeared for the noble defendant. Complainant and her friend Jane Lewis repeated very circumatantislly the evidence as to paternity on which the summons was originally obtained, and were subjected to a severe and protracted cross-examination by Mr. Clarkson. At the close of the case fur the prosecution two witnesses were called for Lord Stamford, who so directly contradicted the statements of the two women, that Mr. Fraser said he would abandon the case of the complainant at once, and expressed the opinion that they ought to be indicted for ; perjury and conspiracy. Mr. Bingham ultimately ordered the women to be de tainee' on those charges. MARYLEBONE. THE Gr erownea PLOT.—The young man Ilamillon, who has been examined a great number of times on a charge of having caused the explosion of a quantity of gun powder at his mother's lodging, thereby damaging the house of Mr. Miller, of 10, Cumberland-street, New-road, to the extent of 3001 , was again placed ett the bar. Additional evidence was adduced, and at the conclusion INSOLVENT DEBTORS' COURT.—VVIERD.Vf. lof the case, Mr. Broughton said that the event was one of a Berets` lit (WWI , COMMI*I^MAR. very mysterious and suspicious character, but he did not IN THE MATTES. OF WILLIAN l'ANN.—Puratuft feel justified by the evidence in detaining the prisoner. DI6MySID. The magistrate then discharged him from this court, and This ineolvent, a builder, was opposed by Mr. Dowse, handed hint over to the Superintendent of the Bury and supported by Mr. Sturgeon. St. Edmunds police, she was armed with the authority of It was elicited from the insolvent that he had signed his a warrant to apprehend him on a charge of forgery. petition, which was filed under the Protection Art, at a WESTMINSTER. public-house opposite the court. He had seen the attorney. THREATENING Sic W. Someiteitta —The Right lion.' whose name was on the schedule only once, but the person Sir William Somerville, M.P., and Chief Secretary for who hail pr pared his proceedings he had seen several ' Ireland, waited upon Mr. Broderip, and having handed times. Ile had paid upwards of 91. to come before the lam some letters threatening him with personal injury, a COWL He admitted that shortly before he petitioned he warrant was immediately issued against the writer and received ail. from a gentleman named Hihlearv, on a wort- I placed in the hands of Mr. Cumming, an inspector of the g age of some houses, which he had not mentioned in the It division, who, shortly before the rising of the court, schedule, nor was Mr. liilleary inserted as a creditor. His brought the offender in custody. debts, without the mortgage debt, were 293/. , The accused, an Irishman, of very genteel appearance The Chief Commie-ion...rat oneedismissedthe petition, and and good address, gave his name Samuel M'Carthy, made some remark , on the clam of persons who got hold of Mr. Cummings stated that he went with the warrant to parties who intended to apply to the court, and were re- 15, Paultonerquare, where he saw the defendant, who in psalms of what they made them state. It was only yes- quired his business, and upon his informing him who terday that a man had signed his schedule in blank. It he was and reading the warrant to him, he inquired was quite `booking to hear of such things. whether Sir William had left the letter upon which The petition was accordingly dismissed. it was granted with the magistrate. Witness replied Berns Ma. Ceantissioxsa Law. that he had no doubt Sir William showed the letter to the IN RE CHARLES WATTIL—UNDEL PREFERENCE. I magistrate ; upon which the defendant replied that he was This insolvent, a builder, appeared for judgment. Mr. not only willing but moat anxious to go with him, as Dowse opposed , and Mr. ItChols roppotted. The case was that was exactly what he wanted. Witness said, AIU Aua. Gaurr-at Liverpool. February 19, from New Orlesail Aurae= -at Liverpool, February 19, from New Orleans Avenue-off Deal, February 14, from Calcutta Aiex-of Dual. February 19, from Sydney Acre -M Gravorend, Fetsuary 19, from N. Michael's Am' Mear-at Gravergeid, ibArruary 19, from Demerara A 11111081.4-1“ Citilvemend, Febrility 19. from Calcutta Cowers .att-off Deal, February 14, from Calcutta Cal.ollllll-al Orteetatown, February 17, from Constantinople COVIIIMILT YOUNG-Off Ik'lll, February 14, from Callao Ceases-at Gravesend, Fe ternary 19, from. °demi Cue-at Bristol, February 19, from ........ RIo Lalado Causerie-at Liverpool. Feigner, 19, from Charleeton Cuctusana-at Liverpool. February 19, frost.- .New York Massa-at 00110%, Febl tut . ) . 19, from Valparaiso Benno-at Deal, February IS, from Coast of Africa Enne-at Deal, February 14, from Charente Fast or fillirinitT -tit Graveyard, Feb. 19, from...flenta Martha Kwearr-at Oravownd. February 19 from Franco Ketro-at Graverrend, February 1 9 , from St. Michaelk FitOliefilli-off Deal. February 19, from China Geo. Dun-off Margate, February IR, from . Paraiba CILVCItite -off 801117, February 16, firm Rio Janeiro Dooms Ft evea-st I;raveftend, February 19, from Bahia OriTir AVOLPIi-at Grarrend, February 19, ifte11....... -Ancona Urruarrerr -off Deal, February 14, from China lamming -at Liverpool, February 19, from Virginia leave-at Gravesend, February 1 9 , from Alesendria Incroarro-at Gravesend, February 19, from JiMtlieli Palma WIIIIMULIt- at Liverpool, February 19, from Demerara Lebow-at Liverpool, February 19, from _ Stettin LADY ROWIRMA-St Otireeeil.l. February 19, from Soudan Lavers-at Gravesend, February 19, from Bordeaux MAMAS, Moussos -off Derd, February 11, from Columbia Rite! NilitAltilL-Off Deal, February 111, from at. Michael's PlielllV.VT NIMIOUTRILIN -it Or3Triellal, Feb. 19, Item . Calcutta Parini-at °reverend, February 19, from Demerara SARAH -at OravernA, February 19, from St. John's Illossearn -off Deal, February IR, from China er.Gaucra-at Liverpool, Febrory 19, fr0a5............ Seraneek SibLIOSi- at Liverpool, February 19. from New York Toll o'rrameraa-at Liverruil, February 19, from New Orleans Taos. Illarrai-ott Deal, February la, Crum ..... CV° TiII:KAM-Off Dover, February 14, from Bart Vow -at Dartmouth. February IS, from t Pernambuco Viesa-at Gravesend, Feb. 19 1 from Igais Weriewirca-off Deal, February Dr, from. Adelaido Ynntas-at Liverpool, February 19, from ..... Jamaica SAILED. Balaos—(ran Sunderland, February la, to Newhaven, G.SI CoLarans—troot Hartlepool, leboaary 17, to ...Constantinople ions Ilt NTILI —loan Sunderland, Feb. 17, to Carthusian ' Moosratnaca—front Graveaend, February W, to 17 1 171 Pawing—from Hull, February 19, to Pontambuso STAMHOPE —how Gravesend, Felt. 19, to et. Masora WISAMPO.ll—from Gravesttrl, February 19, to ANTRIM VESSELS SPOKEN WITH. Amity (7.r4), from the Itaaritius for Lonrho., out 41 days, Dee. 2, 012 Cane LegoUsa. Abyssinia, Gordon, from London for Cal bombs, Jan. 15, 10..4 lon. 21 W. Penelope (btrque), from Sineaporo sr.:l Table n .y for Landon (sap, pond for Liverpool), our 21 dAys, Jan. 4, lot. 10.54 0., Loa. 11.36 Fs Post boy, Feb. 10, lot 49 N., lon. 7 W. BIRTHS, MARRIAGES, AND DEATHS. lIIIMIS. BAli.4.—Feb.lll. at Bushey-bill, Camberwell, Mrs. J. Baits, of • Kee CURRET.—Feb. It. at the Cbartcrhouse, the wife of the Res.Cle Currey, of; a daughter. EDWARDEL—Yeb. 17, at Winchester, the wife of U. Edwards, Esq., of a daughter. LLICIORD.—Feb. 13, at Albya place, Edinburgh, the wife of J. 0. Luz fool, Esq., of aim MACKENZIE.TFe I p. 12, a Canon Howe, Dingwall, N. 8., his. B. aars,ss.....— Illaclienzie, of a datigilc;. . . -- MONTGOMERY.—Feb. 14, at Muray.place, Edinburgh, the wife 01 Kr G. Montgomery, hart., ta' a daughter. TULLA WORE.—Feb. 15, at Wirlhorough.road, St. John's.wood, the Lady Tu'lemon, of a daughter. VENABLES.— Feb. 16, at Iluntmonceme, guinea, the wife of the Bow. E. Venabies, of twin daughters, one still-born. MARRIAGES. ADAM —BOTHWELL—Feb. 18, at Trinity Chore* Ildarylebonc, by the R. J. Mould, ILA., G. W. Adam. Eq., of Edinburgh, to Elisabeth, woad doubt,. r of the late J. Bothwell, Pal., of Gurley Thal, near Bolton, Lancashire. PEARS—FRY.—Jan. IS, at Ilcunb,y, Capt. A. C. Fears, Madras Artillery, to Anna Marta, second daughter of J. G. Fry, Eq., of liale.end, Woodford, Enact. WILLIAMS—DE LA RL'E.—Feb. 15, at St. James's, Paddington, by the Rey. 0. Capel. Edwin, third e a of C. Williams, Eel., of Rola loamy, to Elizabeth, snood daughter of T. De La Rue, Esq., of Weetbourne.tertaiw; and, at the same time, Jobs, youngest lon of C Esq., to Mary, youngest daughter of T. De Ls Roo, Req. DEATHS. CARTER.-Feb. IS, at Pule, Rue Mahan; W. Carter, Esq., of the Middle Temple, aged 34. CHILD.-Feb. IS, Georgisna, Fecund daughter of 0. Chid, Eaq., of the eminent, Clapham, aged le. CLIFTON.-Feb. 17, at Bel grace square, T. Clifton, EN., of Lytham" Hall, Lancashire. COCIL-reb. 17, at Norton Ilan, near Lowestoff, CoL H. Cody CE., H.F-LC.'s Bengal Army. PCGII.-Feb. 17, at Welsh Poo', E. Pugh, Esq., aged 75. 1100VELL.-Feb.l7, at Laster-place, Regent's-perk, J. 600mn, FA., aged 71. TBENOW.-Feb. 13, at the Rectory, Langton Merrier, near now . smooth. Edward Coo, youngest son of the Re.. E. I. C. Trento% aged 17. TERIE.-Yeb.l3, et the Mount, Norwood, Elisabeth Julia, wife et 1). Ttri% Esq., slid 50. Mated sal pshilisl by WILLIAN Kum 11•1" of No. g. = sinst, is tie ally *I London. Maw, at tbe OM" to Army to Waist of Vititaislass.— Thom!, ilialMil ^ 1 ism