The National Register. — London, England, 1814-12-18 00:00:00

DEC. 18. LAW INTELLIGENCE. COURT OF CHANCERY, WEIANESDAY I DEC. 14. IEX P.titTl 7 111100XF A1.T.2141 lIIIIDGFA, in re TUOMA4 LEWIS, A BANK• ft U PT. The whole of tl is day was occupied in the discussion of the most :in cular bankropiey fdr a long time or ever before argued. The bankrupt was an attorney of Gray's ion, who, in the month of August last, after a commission cited out against him. absconded from this country into France, indebted in a sum of 1200,0001. loss by a aunt of e2OOl. only, taking with him all .his accounts, papers, and viincliers, without submitting to his commission, by which he became an ouiliw and felon. ii addition to the guilt of embi zzlement of the mo• of his employers to the total ruin of several widows aim orphans, - bat more particutarly- of a Mrs. Mootham, a widow Lady, aged 75 years whose whole fortune, being 37,0001. the Bankrupt took away. The first Petition was filed by Mr. Brook Bridges, an - attorney of Red Lion Square, the Solicitor of the bankrupt. and an alledged creditor Car the sum of f2o:tl. or thereabouts. Another and a second Petition Wet • presented by a creditor, both with a view of superseding the com mission, on the ground that the same had been issued on the false as sumptism of the bankrupt being a Scrivener, which an Attorney has been lately tided not to be. Mi. Hart and Mr. Montague were for the supers leas, and Sir A 1'4.011, Mr. Leach, and Mr. Ware, against it. The Lord Chancellor, after an elaborate and energetic disquisitiqn en the Bal:row Laws, and the unprecedented nature and enormity of the attempt by the Bankrupt's Solicitor, thus to do away such Com missions, indignantly dismissed both Petiti o ns w i th costs. COURT OF COMMON PLEAS, SATURDAY DEC IT. TIM NATIONAL REGISTER. PARKER V. HAY. This was an action bvought by the plaintiff to recover 1491. the amount of loss sustained by him in consequence of a breach of con ' tract on the part of the defendant, who had agreed to purchase 15 tons of Barrilla. but who had ;du rw•ards neglected to perform that undertaking. The facts weir proved, and verdict was found for the plaintiff; damages 4.i1. which was the sum to which the Jury thought him entitled, as lie might have sold the Barrilla at a better market. SMITH. PAYNE, AND SMITH, V. MURCOTT AND OTIIED4. in this action Piaintiffs, mho are Bankers in Lout,.an, sought to recover the amount of a forged bill of Exchange, drawn by a pri son of thy name of Temple, upon Mr. Evans, a navy agent, and made payable at the plaintiff:* Banking-house. The bill in question was endorsed to the defendants, at a v doable consideration given for it by them on their Bank in Totibridge. They afterwards scut it for payinelit to the plaintiff:, by whom it was paid. The for gery being afterwards discovered, the plaintiff's demanded back the money they bad paid upon the fraudulent instilment. The de fendants • resisted the demand and hence the present action. The Lord thief Just ice considering the question too difficult to he then decided, rcconimendt d that the facts might be formed into a case, and argued hereafter. This was agreed to, and a verdict was taken. Subject to a caw. LORD ROSE BERRY AND SIR H. MILDMAY. We were precluded last week from eivinz more than the sleeve!' •f Plaintiff's Counsel and the verdict of the Jury in the above cause; the interest, however, which' this trial has excited Fender!' evi dence of the Miming witnesses indispensable. : Isaac Hulse, valet to Sir H. Mildmay, proved the letters produced' to be in his hand-writing.—Fredei iek George Robinson, E sq . L o r l it Binning, the Solicitor-Gereral (whose son married a sister of Lottl Roseberry), and Lord Folkestone (married to Sir H. Milampy's si!ter), deposed to the happy manlier in which Lord mid Lady Roseberry lived previous to the unhappy connexion in question.— Loud Folkestone, when cross-examined, said he believed the de lonian, to he in embarrassed cirennstanees. The Hon. Mr. Primrose, brother to the plaintiff, was next called. He knew the present Lady Itiv.eberry previous ta and since her marriage, most intimately. From his constant observation, he Lever saw two people who seemed to live happier together than Lold and Lady Roseberry : they were mutually affectionate. He, lost his fatter in the month of March last, who was taken ill at his seat in Scotland. Witness, in company with his brother, Lord Rose berry, went down to Scotland, to their father's scat ; Lady Rose berry remained in town, with the Dowager Countess of If oscherr , for a week or.. ten day, and then went down to the ittArbe;ly estate in Norfolk. The wife of Sir N. Mildntav having died, that Baronet spent some time in Lord Roseberry's family. The first time winless observed any particular change in the conduct of Lori and Lady Roseberry was in Scotland, where witness joined them. He there remarked that they did not live upon good terms : Lord Rosebetry did not seem satisfied with his lady. In consequence of observations which witness made, suspicions were engendered in his mind that Lady Roseberry', demeanenr was not correet, and a communication was made to him on the Tuesday preceding the Sa turday on which the final and dreadful discovery was made. which excited in a stronger degree his suspicions, and led him to be mme watchfUl of Lady Rosebcrry's condoct. On the Saturday Lord and Lady Roseberry. the Dowager Countess, and witness, dined to gether, enfatnille.—They dined about six o'clock. As soon as dinner was over, Lady Roseberry and the Dowager Countess retired, as was usual. In about tin minutes after they had retired, the Dowager Countess- returned tr the dining-room, and stated certain things which immediately led witness to go out and summon some of Ifs Lordship's servant: to his assistance. Having called together three persons, he sent some of them outside of the castle to keep watch, while he and two others, his own set vant and Lord R.'s valet, pro ceeded towards the red bud chamber, to which there were various ways of approach. This was Lady R.'s dumber. He flied two of the doors which led to the chamber, but found them locked. On coming to the third, and finding it locked also, be seized the tongs front the fireplace, and endeavoured to break it open. Lord K.% servant took the poker, and assisted him in this operation. The door being of oak, resisted their blows for some time, but at length it was opened by Lady lloseberty. Sir H. Mildmav was then dis covered by the side of the bed which stood fronting a window that opened npotra terrace, dressed in a large blue jacket and trowsers, and a- red waistcoat, which was covered with a profusion of small pearl buttons. His beard syi.s ninety grown, and his appearance al together so much disguised tha,t witness was obliged to look twice before he recognized him. Sir flarry came forwattl, and one of them, the witness could not say which, then said, "we are-in your power." Lady Roseberry then, in au intreating tone, called upon the witness not to challenge Sir Harry. She exclaimed passionately " promise me not to challenge him," which witness oid eery so lemnly, telling her, that neither her or any person connected with him over whom he had influence should take such a step. Sir Harry Mildmay or Lady R. then said, he could not tell which, " no person but those present need know any thing of this ;" witness said this could not be. Sir 11 illildmay now asked what was to be done ? IVi•ness said. " I don't know of any other course to be taken. than for you to quit the house." Sir H. asked, what was to•become'of Laity R. ? Witness " Tho Only question is, whether she is to quit the house this night or to-morrow morning." Witness add ed, that after all that had happened he was anxious that no : Wilber exposure should take plare. He also stated, that the, house was surrounded, but that lie would secure to Sir H. a safe exit. Sir IL tipoll this Y•aiii, " I that no person eau say, that a person my situation cannot command a safe exit." He then held tint his hand, in which a itnes• tor the first time behchl a pistol.—Witoess said, it would he best, that he should leave the house quietly, as he must feel conscious that he was bound to go. Litly R. was now clinging to Sir 11. while he was swinging his pistol: about in alt dirt e. lions. IVituess told him he did not seem to know Whit; be as about, and added, " Y,lll luta better deliver that pi tol to Sir H. after sonic time said, he would deliver it up, but upon condition that it should he returned to him on his quilting lice house. Witness acceded to this, and Sir II delivered the pi s tol, saving, " Be care ful how you nee it, for it k cocked and loaded " Lady RAeberty now expressed a desire to see her Lord, lint witness said this could not be till his Lordship's teerrnission was obtained, and this he ahooild not ask till Sir H. Mildmay was out of the Louse. Witness here said, that he had forgotten to state, that Awn: tun minutes alter he had got admission to the room, Lady Ro , eherry sliewed symptoms of going into hysterics, and witness plocured her some sa;volatite, fur which Sir.ll. Miidmay called in great agitation. After thi , , Sir H. Milan:ay walked about in great distress ; he slid he had notimig t' say for himself. NVitoess finding him deluy so long, said," really Sir H. you must go." In ten minutes afterwards, Sir 11. said, t: ill never leave her ; von shall not tear Tier from me." Witn-ss beiog quite out of patience, called to Stretch. Lord R.'s servant, who stood by him to open the window, wi!ieli hie was proceedin_ to do. when Sir H. produced a second pistol. Witness entreated hi!:r to be calm; he assured him he meant no harm, but he mnst insist upon his going out of the house. He w ;idled him to go quietly. and had no debit e to wound hi: feelings unnecessarily. Sir H. flaw begged leitire to he le tt Aunt , with Lady It fi•r a minitte. Witness said Lie would giant thi3 ictititet, of Isla biting up