Star. — London, England, 1811-08-23 00:00:00

_ MUM t 4.40' INTELLIGENCE. COURT OF CHANCERY. is-PARTE ROTHERY IN THE MATTER OF ROTHERY. Mr. JOHNSTON stated this to be an application, on the part of the wife of the bankrupt, to be allowed to prove a bond for £5OO under the tollowing circum stances:—The bankrupt and his wife were married in the'year 1797. In 1799 the petitioner's father died, leaving her a legacy of £4OO, and one-third of the residue of his personal estate, after the death of the mother. The petitioner was left a legacy of £3OO from another relative, which, with the £4OO left her by her father, her husband (the bankrupt) received. In 1805 the petitioner's mother died, when it was fund that the third of the residue of the personal estate,, to which the petitioner was entitled, amounted to £340. This sum, however, the executors under the refused to pay over t o th e hu s ba n d, but in sistel its being secured on the wife, it having been left to her for her own use. A trust deed was accordingly prepared, and executed in 1807, securing this sum to the petitioner, and her husba.l,l, at the same tirhe, in consideration of the former sums re ceived by him belonging to his wife, granted to her a bond for F5OO. In 1809 the husband of the petitioner became bankrupt, and the petitioner having applied for leave to prove the debt, arising due on the bond for.isoo under the commission, the Commissioners refused to admit the proof thereof—in consequence of which the present application became necessary. The LORD CHANCELLOR said he was surprised to observe that the Petition was confined to the £5OO bond, and did not pray that the. proof of the debt of A 340 should be admitted. So far as he could judge, even from the statement in the Petition, the £5OO bond having been granted without any consideration, could not be allowed to be proved in a competition with the bankrupt's lawful creditors. As to the F 340 it stood in a very different situation. Mr. JOHNSTON said, supposing the husband not to have been bankrupt at the time of granting the £5OO bond, would it not in that event be good ? But, on the suppposition that even here the bond would not avail, must it not still be good, in a competition with those creditors to whom the bankrupt became indebted subsequent to the date of the bond in question ? • The LORD CHANCELLOR said, surely not. Not having been granted fora valuable consideration, the bond could . nut compete with any of the bankrupt's creditors, either prior or posterior. Sir SAMUEL Routtas- agreed in the doctrine laid down by his Lordship. It appeared, from the affida., viti on the other side, however, that the husband was bankrupt at the time this settlement of 140, being the whole sum coming to the husband and wife, was made upon the wife alone. He submitted, that in such circumstances the settlement on the wife ought not to have gone to the full extent. Tile LORD CHANCELLOR said, the Court would not easily have parted with money so coming into its hands, unless upon settlement of the whole on the wife. His Lordship accordingly directed, that proof of a debt to the amount of F 340 be in this case ad. mitted on the part of the Petitioner. Escilarte FERMIN DE TASTET, JOHN LA COSTA, and Louis SARTORIS, Merchants; in the matter of l'ilomas and GEORGE CORNFORD, Bankrupts. . Mr: Leacu stated the case for the petitioners. It was an application to supersede the commission of bankruptcy, on the ground that the act of bankruptcy was procured by collusion. The circumstances, as briefly as we can put them, were these :—Thomas Cornford was the confidential clerk of Langston and Timens at a salary of £3OO. a-year. He also open ed an account with Langston and Co. as a bill-bro ker, and negociated monies for them to a very large amount. Wishing to advance himself in the world, this Cornford went also into a partnership business with his brother in the coal-trade. They opened an account with Everett and Co. bankers, in London, in their joint name, and did besides a great deal of bill business with other houses, and amongst the rest with the petitioners. After a space of three years, it turned out that they were not successful in their mer cantile transactions, and they became embarrassed. On the 20th of Nov. 1810, they were declared bank rupts. The collusion by which the act of bankruptcy was completed, was contrived under the influence of the following circumstances, between Langston and his attorney :—On the 20th of July, 1810, Langston finding that Thomas Cornford was embarrassed, is sued out an attachment in the Lord Mayor's Court against the property which he and his brother had in the bank-of Everett and Co. On swearing the affi davit by which this attachment was Frocured, Lang ston deposed that the debt due to him from Thomas Cornford was a separate debt. On the 14th of Au gust following, Langston made a second affidavit, end sued out another attachment, swearing that the debt was not a separate one, but a joint debt from Thomas and George Cornford. Things remained id this situation until November, when Thomas Coro ford, fearing to be arrested for the sum of £50,0.0%] by the assignees of Rowlandson and Co. went to ad vise with Mr. Teasdale, the solicitor of Langston, on the measures which it was proper for him to adopt in the situation in which he was. Mr. Teasdale under standing that the claim on the part of Rowlandson's assignees against the Cornfords wax a doubtful one, advised them th commit an act of bankruptcy, and even minutely chalked out the steps which they were to take for the completing of the act. Mr. Teasdals on the very same day informed Mr. Langston of the conversation he had with Cornford, and Mr. Lang ston in-mediattly took out the commission. There were two questions, then, to be decided : Ist, whe. 'tiler this was such an act of banktuptcy as would sup. portAhe commission ; and the 2d, whether the debt claid by Langston and Co. was a joint debt, and capable of being supported under the joint commis sion? It was clear from the affidavit of Mr. Teasdale, that the whole transaction with regard to the commit ting of the act of bankruptcy was within the know ledge of Langston, and that in fact it was a concerted act between the petitioning creditor and the bankrupt, and concerted by the person who was solicitor for both. As to the second question ; it was plain that the debt was a separate one for many reasons : the affidavit of Langston himself when he sued out the attac4mant ; the affidavit of Thomas Cornford, de fling that the debt was a partnership one; the cir cumstance of the account being kept in Langston's busks under the separate head of Thomas Cotisiord , 111b.._ ft I the cirenmstanee of the form of ' th is actor being charged to the head of °milord and Co . . until after the commission was issued ; the entries, also, in'Everett and Co.'s books, where the bills drawnby 4 Cornford for the use of Langston and Co. were drawd in number:, and those for the use of his brother and himself, in the coal trade, were in chick, paiticularlit specified : all tended to prove that the debt was od - Thomas Cornford's separate account. It was be. sides acknowledged by Langston (as sworn by Tho. teas Comfutd in detailing the particulars of a conver sation which Langston, Teasdale, and he had on the 26th of July, 1810), that the debt was a separate one, inasmuch as the name of George Cornford was never mentioned by Langston as being his debtor, although the whole of their conversation related to the trans actions between Thomas Cornford and Langston's house. * Mr. BELL4owed at oonsiderable length on the same side. Sir S. ROMILLY said, that one object, which he supposed to be the dearest in the contemplation of those who brought forward the petition, was attained, namely, the publishing of the fact that Mr. Langston had Made an affidavit at one time different from what he swore at another time concerning the same trans action, and also that he had made an alteration in his books. He should read a letter from Mr. Lowe, li the attorney of De Tastet, and, after reading that letter, he should be much astonished if there was not at once an end of this petition. Mr. Langston had certainly been treated most cruelly in the statements of the petitioners, and those who supported them ; but he hoped that those who might give publicity to these statements, would not lend themselves to the injustice of publishing them, without stating every thing that was offered in answer. Sir S. Rotatt.tv then read a letter from Mr. Lowe, the solicitor of the petitioners, to Mr. Langston, which he described as a threat held out by Mr. Lowe and the petitioners, that if he (Mr. Langston) did not accede to an arrangement (in which was included the signing of the certificate of the Bankrupt), a pe tition would be presented for the superseding of the Commission. It would have ill-become Mr. Langstun to pay any attention to this letter, and he suffered them to present their petition. What legitimate ob• ject, however, could this petition have ? It was not a case where there was a difficulty in settling the claims of the joint creditors—it was not for the gene ral benefit of creditors, as there were only two joint creditors, Langston and De Tastet, and their claims were distinctly made out ; but he could tell his Lord ship the motive of this petition. The Commission of Bankruptcy was acquiesced in from the 20th of No vember, 1810. When Langston and La Coste were appointed assignees, Mr. Teasdale, the solicitor of Mr. Langston, offered to give up to Mr. Lowe all the benefit arising from the Commission ; but Mr. Thomas Cornford, who seemed since to have made his confession to Mr. Lowe, declared, with a little more energy than delicacy, that 44 it would-be better for him to be sent to hell at once than put into the hands of Mr. Lowe." Proceedings, however, went on very amicably under the commission ; the proofs of several debts were successfully resisted, and parti cularly that of Rowlandson and Co. for the £50,000. Mr. Langston in the mean time discovered that his confidence was most cruelly betrayed by Thomas Cornford : he hesitated to sign the certificate, and then this petition was thought of. The petitioners had even actually signed the certificate, and it was therefore clear that their object in the present appli. cation for the superseding of the commission could not be the attainment of justice. The learned Counsel then applied himself to the consideration of the two points of fact and law to be decided in this case.— The conversation of Mr. Teesdale, on the 20th of November, when advising the Cornfords to become bankrupts, and his advice afterwards to Mr. Lang ston to become the petitioning creditor, might be evi dence of an act of bankruptcy, hut was no collusion. Mr. Teesdale acted indiscreetly, but must honourably. He even swears that Mr. Langston consented with great reluctance, to become the petitioning creditor, because the commission wotild deprive him of the benefit of his attachment. Mr. Langston, too, swears, that Mr. Teasdale told him that the Cornfords had already committed two several acts of bankruptcy.l It was true that the act of bankruptcy was a concert ed act, but certainly without the knowledge of the petitioning creditor. Sir S. Romilly then quoted the case of Roberts v. Tid?dale, in which Mr. Crowder, a solicitor, concerted an act of bankruptcy with three of the creditor. Another creditor in the mean time issued the commission who was not privy to the coo-1 *cert, and the other creditors were allowed to claim under it. The r..xt question was that of the joint debt. One would suppose from the statements on the other side that the Cornfords carried on two busi nesses--that of coal-merchants and bill-brokers ; but it was no such thing ; all the bill business was car ried on in the name of Thomas and George Cornford —neither were there two accounts at Everett's and . Co. The bills for the use of Langston and Co. were paid immediately, without any interval, into the house of Everett. No separate account was kept for Tho mas•Comford ; and even one of the bills of exchange, on which Dc Tastet and Co. were joint creditors, was in the name of Cornford and Co. The fact was, that Thomas and George Cornford were to have draughts for the benefit of their local trade, by en 1. bling Everett and Co. to hold a balance from Lang ston and Co.'s in their hands. Sir S. Romilly then explained the difference that occurred in the affida vits made by Mr. Langston, when taking out the at tachments.; and stated from an affidavit of Mr. Langston, that he made the corrected affidavit on the 15th of August, in consequence of having been informed by Thomas Cornford himself of the mistake which he made in not stating in the first affidavit that the debt was a joint one. Sir SAMUEL ROMILLY then commented on the con tradictions in the affidavits of T. Cornford. He thanked him for the c4ndour and generosity of de claring, that he was either perjured in one case or the other ; and concluded with alluding to the compro mise which by the letter of Mr. Lowe it was evident the petitioners were satisfied to enter into, and from which it was also clear, that by the present applica tion it was not so much a wish to protect the Great Seal from abuse that actuated them, as other motives which he nerd not mention. Mr. HART and Mr. COOKS followed on the same side. Mr. Lztchl replied at great length, hot insisted - • ly on the comparative credit dne to Mr.' and to Thomas Coraford. The. parties, whatever they might be out of Coot, were only known, and ought to be known only as they appear. ed on the record in their affidavits, and in this in stance, both having sworn differently concerning the same thing at different times, as snitch credit was due to one as the other. The LORD CHA NCELLOR, after a great many inter locutory remarks, delivered his opinion. He said, that he would take the trouble to read all the affida vits; and from what he thought of the contradictory statements contained in some of them, he did not know but he should have the painful duty to perform of ordering farther proceedings to be taken against one of the parties for perjury. He must be allowed tosay, in justice to Mr. Langston, that he thought it extremely improbable, that if he was not conscious Of the purest integrity in all. these transactions, he should have refused to sign tite certificate of Corn ford, in whose power, if he had been at all guilty of collusion, &c. he certainly was. His Lot dship alien I went through a veryclear re-capitulation of the case, but reserved his judgment until he should have read all the affidavits. The principal trials at the Assizes for Stafford were the following : W. Farrington, a man of an Adintic appearance, aged 2'2, committed on his own confession for hav ing, in October, 1808, -set fire to the cotton mills of Messrs. Dicken, Wilson, and Co, at Alrewas.— Guilty—Death. S. Wright, aged 36, for manslaughter. It appeared in evidence, that the prisoner, and G. Wood, the de ceased, had a quarrel at Burslem Wake, late in the evening of the 2d of July, in consequence of their taking different sides at the fighting of two boys ; they were both in liquor, and there was no proof of the prisoner having been, the aggressor ; neither was. there any positive evidence that he gave the blow which proved f3tal, although it was proved that he and Wood had fought two rounds. Wood's death was occasioned by a contusion under the right ear, proceeding either from a blow or fall. Mr. G. Ridgway and Mr. R. Hicks, of Shelton, gave the prisoner an excellent character, as a good- I tempered, orderly man ; and, after a perspicuous summing up by the Judge, the Jury returned a verdict of—Not Guilty. D. Morris, aged 31, for manslaughter. This pri soner was indicted for-killing and slaying another man of the same name as the deceased in the above case, viz G Wood. It appeared that, on the 21st of July, after some words had passed between the parties at Trentham, they stripped to fight. After the battle, I the prisoner dressed himself, and left Wood on the ground ; but soon after returned, and assisted the lacier to get his clothes on. He was then conveyed to a foddering house, where he lay several hours, and died on the following day, from the blows he had received. The Rev. L Pennington, Mr. J. Taylor, and Mr. P. Peake, stated, that they had known the prisoner many years, and they concurred in giving him the I character of a sober,good-tempered man, who would always avoid, but never seek a quarrel.---Acquitted. S. Gee, aged 23, for manslaughter, at Aldridge.— The deceased's name was J. Jones, and his death was the consequence of a casual battle ; but the Jury' found the prisoner Guilty. J. Clewlow, aged 29, for killing T. Phillips, at Stafford, in May last. The prisoner and the deceased " were privates in the Eastern Regiment of Local Mi litia. It came out in evidence that Phillips, in a I state of intoxication, passed the house where the pri soner lodged, late in the evening, when some angry' words passing between them, Clewlow was knocked down by Phillips ; when down, he expostulated with him on his conduct, saying, " he had never done him any harm ;" on rising the second time, he ran into the house, and procured some kind of weapon (which was not produced), with which he knocked Phillips down, and fractured his skull, in consequence ofi which Phillips died, after lingering several days. Three respectable Gentlemen gave the prisoner al good character for temper and sobriety ; and the Jury returned a verdict of—Manslaughter. Cr Triovis, alias 74bets, aged 22, was charged with 'ravishing Joannah Shenton, at Wolverhampton ;-1 but the case was so far from being made out, that the` Learned Judge would not hear the whole of the evi dence for the prosecution, and directed the Jury to !acquit the prisoner, which they did accordingly. At the Cornwall Assizes, on Tuesday se'nnight, Agnes Gilgit, a girl of 18, was indicted for breaking into a house in the day time, and stealing some wear,' ins apparel ; and W. Smith, a lad of 17, indicted also for breaking into a house in the day tithe, and stealing seven al notes ; were both capitally convicted, and received sentence of—Death. • At the Assizes for the city of Norwich, C. W. Chalker, charged with having committed a burglary in the shop of Messrs. Dunham and Yallop, silver smiths, in the Market-place, was found ruilty, and received sentence of—Death. Saturday last was committed to jail, at 7.?olking ham, Mr. E. Buck, jun. on a charge of violently stab bing and cutting in the throat Mr. Banks, of the Nag's Head public-house, at Bourn. The assault was coin-' mitred on Wednesday, at James Deeping Feast, at the Bell Inn, where Mr. Banks was drinking, in com pany with a Mr. Maxwell, with whom Book had had some disagreement ; and as he (Buck) entered the room, and was extremely troublesome in interrup.ing the conversation, Banks attempted to put him out. Enraged at this, the offender returned with great vio lence, and being resisted by Banks, he with a large pocket-knife stabbed him in the throat_ Banks re mained for two days in danger. but is now recovering, Yesterday at Marlborough-street Office, a green grocer, in the Edgeware-road, summoned a Mrs. M. of the same place, for an injury sustained by his son, who had been bit by the lady's dog, which, it ap- Ipeared, was a complete nuisance in the neighbour. hood ; for, exclusive of the present complainant, who had been attended by a surgeon, there was evidence of several other persons having beets bit by this snar ling cur. The MugistratesSwarded that all expences should be paid by the owner of the dog, as well the surgeon's bill, as the loss of time, &c. arc: that the animati sbouldulbs kept tied up, or muzzled. This was reluctantly agreed to by the owner, who shed a tor rent of tears is derloting the cruelfso issued against her favourite MU er. 4Tr r : • THB COURT OF COMMON CI& NCI . L. The liberal conduct of the Lord Mayor, Alder. man, and Court of Common Council. 'in graiitini three hundred'guineas to the buildings and geaer,.i pttrposes of the Royal Lancastei ian System, has them high honour. In following the example . uf PRINCE REGENT'S munificence, they have followed the example of his attention and condescension. o the inventor' f the system. LANCAbTER was received on presenting his petition, and heard with the most mark. ed attention. The able speech of Mr. l'Ean,aci., who made the motion for the grant of the three hundred guineas, was heard with high and honourable appro. bation. The cries of Hearl hear! hear! were never more frequent or general. The liberal-minded citi zens proved their 'warts were bent on the good of the country; and that however divided they might occa. sionaily be in some fe x political sentiment., they were unanimous to aid this friend of poor chilJnn ott the oirtlawarli estates, as welt asin the country at Lrge. LANDASTRO stateauent respecting tfie 'Junin) , and firmness of the KING hi stipporting has plai,s ap. koared highly grateful : the PRINCE ociEs l.'s inur i. hcence was as electric - a;. his Royal Father's paternal and pious love for the 'IMO of the nation was es em. plary. The friendship displayed by the Duke of KeNT for soldiers' children, and for the diffusion of useful knpwledge in the army, with,the success el his regimentatschool and his seminary for schoiArris stets for-other'itigirnents, all proved interesting subjects in Mr. PeArtVALL's interesting speech, and lad th I most decided and unanimous approbation of a respectable and „numerous Court. We believe in the put) lic de ' claration of the Duke of SUSSEX, that.while suds be. nevolent feelings animate the distinguished friends cf every thing good and *great, and while this desire lexists to strengthen the mental energierof the nation by the diffusion of the sacred writings and useful knowledge combined, rue COUNTRY WILL Be msk.l There are none but a few misanthropes and fit ry bi. gots who are angry at the propagf.ticn cf know ledge. Some of these are very much displeased ( what to pity!) ' at success they cannot impede, and continue• their pers'ecution ; but we are well convinced that r arsecu. L i on neither check Mr. LANCASTES. nor impede t.ich is the i r his plans. The empire of ignorance is fast going an end ; the days of fire and faggot are rnie ap-,1 e h n o d w e l d4 and d th e e pa d r i t s ti c r ip e le o s t: o th f a ii t it d o a le r r k a n n e c s e s ‘ l a . t even n.:(w glory and their pride ! . As some reapers were, a few day t since, cutting . Potter, of Chen setbye,wthheeayt f i o n u a nd fie a l d pa be ir lo o n t g M o g id to bi M rd r s, and. the whole covey of young partridges, lying dead within akw yards of each other. It is suppos ed they had been de stroyed by lightning. An occurrence, of a very meginchely description took place on Monday se'nnight , at Libberton, near Carnwath, Lanarkshire.—A n tan of the name of Morgan, and his wife, had set o ut in 3 cart, in order to bring pests from Newbigging,.. Finding the road impassable from the late rains, tli ey took their route along the top of some steep sand -hills, that lie in . a direction nearly parallel with the road. Owing to the negligence of the driver, or ti to roughness of the ground, the vehicle was overturn, 2d, and precip;tated to the bottom. Several persons, mho obscrveed the catastrophe, hastened to the spot , where they found the man lifeless, with his head cu tin a shocking man ner by a stroke from the horse; rind upon turning up the cart, they discovered the wo man, with few marks of external injury, but dead. Worms are the most frequent , sources of Childrens' disases. Their symptoms every parent sod guardian of children should be acquainted with. They occasion loss of appetite, a paleness of the colour of the face, emaciation, and irregular stint of the bowels, atten ded after with violent pains ; they bring on convul sions, they affect the growea of the body, and they prove fatal, by ending in a , :onsamption or decay.— Both as a preventative an d cure of these alarming complaints, Ching's Patent Worm Lozenges is univer sally allowed, on the testin.tony of the highest charac ters in this country, both in rank and respectability, to have no equal. The public approbation given to the Proprietor, from a pert onal knowledge of its won , derful success in their own families, stamps its merit beyond competition, and gives a sanction to it, of which no other medicine of the kind can .bnast.— Parents and others wh n have the care of children should have this remedf as a family medicine to re sort whenever the f...omach or bowels of children are any way disordered, which it will always be found to relieve. Sold, wholesale and retail, a t Mr. Butler's, No. 4, Cheapside, corner of Paternostt r-row, and retail by Belam and Sharp, Portsmouth ; Hall and Johnson, Gosport ; Allnutt, 'Weston', 7.lallory and Jones, Porcsea ; Trewman, Exeter ; Cookror thy, Glenville, Gilbert and Harland, Plymouth ; Newbery, Dublin ; Barter and M•Donald, Glasgc.wt Smith, Mandcrston, Scott and Cargill, Edinburgh ; Druttwell, Bath ; Ross and Peck, • Hull ; .Gregvo and Billinge, Liverpool ; Stains and Lynch, M.o. chester ; Bowen, Norwich ; Knott and Lloyd, I! ir riingham ; Gregory, Brighton ; arid most Medi6ne Venders, in Boxes at 2s. 9d. and Ss. 6d. each. On the 18th inst. at Berlina:con, bleucestenldre, her Gmcs the Duchess of Beaufort, of a daughter. MARRIED. At Edinburgh, the Rev. David Ritchie;one of the MlTTlfierc of St. Andrew's Church. and Professor of Logic in the Cniru• sity os Edinbirgh. to Margaret, eldest daughter •t ear late Ws— Pearson, Esq. of Kinien Ross. DIED. Sunday List, much lamented, at Rempston in Noninchamsh , rs, the Rev. Dr. Pearson, Master of Sidney Susses College, in the University of Cambridge. Tuesday evening, at his house in Islington, of a •yislitis fever, Mr. Thomas Mind, an eminent bookseiler, in the rotil•ry. Wednesday, at his-lodgings, in Surrey-street, Stra...d, in •lie 46th year of his age, Mr. S. Ash, of Bristol, sou of the !ate R c. Dr. Asir, of Yershorr. In Dublin, on the 12t1 inst. in the4ist year of ha age, Col. nel Clement Wolsefey, a Governor of the County of C.:r ow. On the 13th lust. at his father's house at S , oke Ably r, Devon shire, lieutenant R. B. Hopkins, Royal Navy, son of tie Rev. M. U. 1-I..pk ins, On the Sill Inst. at Ns prebend-, house in tl , c Abbey, Cir! in Ins 911t1 year, the Rev. Joseph Hudson, I). ytai ; 4 Prebendary of that Cathedral, Lid Vicar of Warkwortb an 4 Newburo, in the county of Northunibbriand. Saturday, after a seclusion from the busy scones of life Ofn, ally 60 years, the venerable Mrs. Feeler s ,‘lsbess of the. Nunne:y of the Benedictine Order, in Witicheste+. She emigr,sted•io !his country from Brussels, at the commie:meet of the Triliat; anar chical Revolution. L.thriDON a•lct published by Lays: Ni at No SP, ahlatestydaue a anti at au GlLse, T. lapis sat. '7.