The Statesman. — London, England, 1818-02-16 00:00:00

apow : COURT OF KING'S BENCH. 1111eCirle AIM ovum, ASSIGNEES OF (MAT ) 0. ELE SIERT, GENT. (one, &e.) • This was an action to recover a considerable sum, which the Defendant had dream (by checks) from the Alton ,Bank, the day before it stopped paymetii, le November, 1815; a nd•-rthe cause came on 'to he cried before a Special Jury, at the lest Hatits.Assizes, ,when a verdict was given for the Plaintiffs, to the amount of the same drawn, on the presumption that a fraudulent preference had been given by the . bankrupt to . the Defendant en the eve of bankruptcy.. On the Oth of _November the Court of King's Benchrai moved, on behalf of the Defendant, fora sew trial, on tasogrounds : first that the verdict was 'Alyea against the weight of evidence, and that there vas not any proof of 4 fraudulent preference by the bankrupt ; secondly, that the Defendant having cash is ihe bankrupt's bands at the time of paying sloe checks, that was of itself E. sufficient Moues by ',ray of Setoff ) , on the authority of the Eased Smith med Hodson, 4. T.,R. *ll. The facts which appeared in evidence at the trial _were stated to the Court by the DefeSdant's Coon , when . .• M. Alsace BATLEY observed upon the circum . stance, of all the checks having been sent in before four o'clock on the day on which Limy were paid, as Showing that they were presented in the usual course of business ; and Lord Kt.LENnottottss said, that there did not ap pear to be any any act en the part .of the bankrupt, that could be considered as amounting to a fraudulent preference. His Lordship, therefore, and the rest of the Court, granted a Rule Nisi, for setting aside the verdict, and for a new trial, on . both the above grounds. On the SU of January the rule came on to be argued, and the Judge's Report of the evidence was read. • Mr. Serjeant PELL, the Plaintiff's Coousel, was proceeding to address himself to the first point on which the rule had been obtained, and adverted to the circumstance of the checks having been-drawn (as he assumed) in feigned names-and antedated, but was interrupted by Mr. Justice BAYLEY, who observed that drawing the checks in this mariner was probably to prevent the bankrupt from taking alarm at the Defendant's drawing so largely, and rather disproved, than proved, the DePtitiant's having preciously concerted with the liarikrupt to obtain payment of the checks, for if he bad so concerted the matter no such secrecy or con trivarice could ba necessary. He asked Mr. Serjeant Pell, whether his Clients (the Plaintiffs) ought not to have proved at the trial that it was by the bank rupt's fraudulent preference that the money was ob tained Lord ELLEiseortocGn.---Mrawing the checks with different dates, and tor different sums, in different oames, when the Defendant had a right to draw for the whole in one check, looks es if Mr. Clement (the Defendant) feared that the bankrupt would not pay, 11* had drawn for the whole at one time, payable to one person. His Lordship added, that as to fraudulent preference he had cerefolly attended to the reading of the Learned Judge's Report of the evi dence givers at the trial, but could not discover any thing to fix the bankrupt with any knowledge of any part of the trensaetiou to make it a preference of any butt by him. • • Air. Justice BAYLEY CO Mr. Serjeant Pell).— Thefe is conjecture only on your side against positive evidence, in a case where the onus of proof lies ou you. Mr. Justice ABBOT.—Tbe circumstance of the_ checks being drawn in this manner looks as if the. Defendant was afraid to draw for the whole atonce,: and you only prove an act of bankruptcy the dap. after the payment, which affords no evidence of fraudulent preference of the bankrupt on the preced ing day. The Coulee therefore all concurred in making the rule absolute for setting aside the verdict, and for a new trial without ring into the point of set oil. Liir:77+77 - 4314 - LIG - SNGE. I, ~. I FEBRUARY U. VP , KE V. LOWE. Mr. Es,isr.tsts opened the pleadings in this case, and stated that it was an action for goods sold and delivered. The Defendant had pleaded her in fancy. The Plain: ill' replied, that the articles sup plied to the Defendant, were suited to her condition. 'Chia the Defendant denied, and to this there was a rejoinder, and opts this issue was joined. Mr. 'format; addressed the Jo':, and stated the circumstances noder w,tich the Bettors was brought. lie said, that he was exceedingly sorry his Lordship inn the Jury were called upon to try this cause; it Ras one of those cases, which, its his. opinion, had much better have been looked into by spine Gentle men out of Court. In the course of the enquiry, he feared it would be necessary to introduce some names, as well as to advert to some matters, which he should have thought it desirable to suppress. The parties, however, knew their owls interest best; he had a duty to perform to his Client, and if he should have occasion to make painful eaposures, the fault would nut rest with him. The Plaintiff was a Lady who carried on the busioess of a dress-maker and baby linen-maker, In Orford-street, and the. present actien was brooght by her to recover from the Defendant Susauttab Lowe, a bill for articles of dress delivered to her, amounting to 411. 6s. 4d.— Every article specified in the bill he should prove had been delivered to the Plaintiff. The answer, which she, hod m , de to the dereand . for payment the Jury bola , Lear(' from the openiug of his friend, Mr. tlspitsasse,• . namely, that she was an infant. To this there erase replication on the part of the Plaiotiff, that the things_ with which Al :had been supPllid were necessaries and suitable to the condition of life in which she, lived. Haihig stated who the-Pla intiff . was, it was now bis Anti to introduce to-ihe notice of the Jury the lieftndriet. She was a young Jady, living in a of some censequenceinwl size in Manchester. st rOt ; keeping In equip* and five or six servants. t'he:iwas introduced by bqr mother to the Plaintiff abotit the begiuming of April last. Subsequent to this time ike articles ennasertiled in the bill which .would he produced were furnished to the Defendant, many re them with the' knhledge . of. bee mother, who, be st.ould prose, rejected sane things as too inferior THE - STAT ,%,N ' - , for her daughter .toTimersr.. pn the kill being sent to the Defendant roe payment, she refused to dis. charge it, and said she was not liable on eccoset of her infancy. He had already described what the apparent condition of the Defendant was at the time she contracted this debt. She was tieing is the greatest splendour in Manchester-street, Maneheeter square, and he believed, ,at first said abe. was Minot to be married. There was certainly nothing Jo her outward appearance which would not lead .any per son in trade to conclude that she was fully entitled to dress in the first style of elegence . ; lidded to which, her own mother saectioned every purchase which she made. There were meoy of the articles to which he could see no objection whatever. Among others were some night-sbifts ; these, he apprehended,amortg the most humble, would .be considered neither es travagant nor unreasonable parts of a lady's ward robe ; then came some petttcoets, which at this in clement season of the year, be thought, might be found convenient, however few in point of number the rules of fashion might require to be worn at one time; these were followed by a few day-shifts, and altogether these articles came to 51. The rest of the account was made up of dresses of various descrip tions—all extremely proper for a person entitled to support a genteel appearance, and by no means un suitable to the'situation which the Defendant seemed to fill. What the_ defence is likely to be to this ac tion, be was reelly it a loss to imagine. The in (awl, of the Defendant had been admitted by the Plaintiff, and therefore the only question to try was, as to her condition in life. lle had reason to susptlet that the father or mother of the Defendant were to be called for some purpose or other ; if this were the case he should certainly be blif prised; but whatever might be their testimony, he believed they would uot be able to deny that the Defendant had an income settled upon her of not less than 4001 per auburn. He had no wish, as he said before, to mention names, un less called upon so to do ; but he must perform his duty. He should prove the delivery of the articles, and the condition of the Defendant, and be should then be entitled to a verdict. Lord ELeerreonnueu here *eked for the bill, and on looking over it said, " 1 do not see any articles of dress iu this account which are charged more than 51." ----- --- Mr. TOPPING.—" They are all small articles, and none of the charges amount to more than 31." Lord ELLENBOROUGII.—" Some of them amount to 41. and a fraction. If you make out. that this young Lady has an income in her own right, as a single woman, of 4001. a.year, I think there does not seem to be any thing eace,asive in this bill, or not suited to her condition in life." Mr. TOPPING.—." Your Lordship will see by the %%tigresses, the condition and appearance which the Defendant held in life." Lord ELLENennu'ucti.—" Appearance is not suf ficient ; any person—a beggar may put on an ap pearance of splendour." Mr. Grnmey (for the Defendant).—" My Lord, this was all subsequent to the delivery of the articles by the Plaintiff."• Mr. TOIIPING." No such thing. I shall prove 'her lettleinent." TOPi'ING then proceeded to call his witnesses. Smith Williams proved that she was present when the Defendant was introduced by her mother to the Plaintiff. Tnere were certain articles of dress which she saw made and delivered to . the Defendant at her' house in Manchester.street, Manchester-square. Here a letter was handed to , Mr. Gunxcy, upon reading which, he said he would undertake to do that which was right, and refer the cause. Mr. Tonetoo said there was every disposition on hid. part tts have done so before. Mr. Cunwooo , gave full credit to. Mr. Topping's intention, but the fact was that they had a stubborn Client o deal with. .The case wits then referred to Mr. Arabin. A certain Noble Marquis, it was ramoured, ad vised the atonnpt at defence. A letter frog' Naplei 'Peaks of a marine monster of gigalitic dimensions, having appeared off the coast ' of Calabria. The fishermen speak of its vomiting fire and smoke. It is supposed what they state re fers to the sudden eruption of a submarine volcano. The typhus fever is unfortunately spreading in. the interior of Switzerland ; it is making the greatest ravages, particularly iu the small Cantons. The sick Russian seamen belonging to the nercu ' rius frigate, who were sent to the Royal Hospital at Radar, have been recovered and sent on booed the Queen Charlotte?, there to remain until the Russian crews.shall return to Portsmouth from Cadiz. • Captain the . Hon. W. Gordon is appointed to the Topaz, 46, and Captain Loch, to the Eden, 28, both Ruing at Plymouth, for foreign service, it is sop. posed fur the East Indies. Captain J. K. White has taken the command of the Spey, 2.0, at Portsmouth, for the Mediterranean ; cod Captain. H. Forbes the command of the Grasshopper, likewise fitting for foreign service. Lieutenant T. W. Young is ap pointed to the Queen Charlotte, vice Ward ; tenant Hobson to the Spey. Arrived on Saturday, at the Motherbank, the brig James and Theresa, John Apaey, Master, £rom Patrass fur Portsmouth, for orders, in 58 days, and is under quarantine. • 1 An Inquisition was taken on Friday night before the Coroner for Surrey, upon the view of the body of Mr. Charles Gee, a respectable upholiterer and auctioneer, residing at the corner of ' Friar-street, Blackfriart.rentl, who put a period to his existence by hanging himself on Tuesday ' morning last. It appeared that the deceased had, a few days previous to the melabelfoly event, been on a visit to a friend in the country, from which he returned on Sunday last. Precious to his journey he eshibited symp toms of wildness and despondency. On Tuesday morning' he arose an hour before his usual time, and went below, as the family supposed, to prosecute his daily business. An hour after, the son Of the de ceased came down bt ai 1 ii, and was serprised to dis cover that the shop had not been opened. On removing the shutters, the 6rst object . which pre.. sewed itself to his view wis the bedy'of his parent suspended from the bsare. The botly.iwas out down , almost instantly, but too late 19 restore life. The r I Jury unsui.po;:sly sired it& a . seidja ef-,t/asuait3. • .174 E 41114011.16.5..4T .GALHEMVIGH: On Saturday a tumid's*, character, who stated his name to.be Joseph White, was - brought Ultra the Magistrates at Vision-hall Office, • charged on eeepicion of the robbery and murders-at Greenwich; And with divers other robberies in the copo. 4 y of Surrey and Kent. The officers stated .that the .Pri• sonar was a very bad cheekier. ,He had teen a re ,puted thief for Fears, and belonged to the Kent ,street gang. He answered the description (in the Newspapers) of a (Ran who was seen near Deptford on Sunday, the arid therefore they took him into custody. had but two fingers an his left heed, his dress exactly accorded with the account alluded to; and from his being in custody a few weeks ego upon a charge of entering the house, f a Mn. Jones, gt Greenwich, aqd stealing money •and ,goods to a large amount, they more strongly suspected him.— When he was examined upon the charge of burglary, Mrs. Jones said, that *the believed White was the person who robbed her; . butshe would not swear to the fact, for she was in such an agitated .state 'at the time that she could not undertake to do so. White was interrogated as to his being at Greenwich on Sunday ; but he did not give a satisfactory acconet of himself, and he was therefore committed for ra. examination. A man named Barret was apprehended on Satur day,. and examined upon suspicion of being concern ed in the murders and robbery at.Geeennicb. It ap peared that Banat was a desolate character; that he had no'settled place of residence; and that Un-Suo day eight (by his own account) he slept at Green wich, in a court., uhich is infested by bad characters. The house in which he slept wet searched in the course of last week in consequence. Barret was in the llalf Moon, ie the Borough, on Friday, sod stated that he had seen the dead bodies of Mr. Bird and his servant, and that he could tell who were the persons that committed the murders. but he did nut choose to receive blood-money. lie could give on satisfactory account of himself, and being a bad dia. racier, end having slept at Greenwich on the night the murders were committed, the - Magistrates thought proper to commit him for re-examittatiou. Ott Saturday J.llfrnslicid was brought up from the house of Correction, and examined before H. M. DICER., Esq. one of the Magistrates at Worship-street. The Prisoner surrendered himself on Friday, in con sequence of the statement which had appeared in the Papers that an individual .answering his description, was seen with his clothes bloody on the Greenwich road on Sunday morning. The investigation lasted the whole of the morning, when, after the deposi tinns of several witnesses, each of whom was es. audited at great length, it appeared that the Prisoner had been drinking, and was beat at a house of in hale at Ratcliti, when his nose bled ; and 'being drunk he lost his way, crossed the River at Elephant stairs, and strolled down to Deptford : he returned home at one o'clock on Sunday. The Magistrate esprested himself perfectly satisfied of his innocence, and having admonished him for his imprudence, be was discharged, quite clear of ell imputation. On Saturday two officers returned from Colches ter, where a nephew of the deceased Mr. Bird re sided ; suspicion had fallen upon him, but the inves tigation which had taken place during the stay ()film officers, folly satisfied them that he had no baud in the transaction. A circumstance took place a short time ago relative to Mr. Bird, which has not yet been made public.— Mr. Bird was walking from his brother's, at Royal hill, Greenwich, to his house, when he was sod deftly attacked by some pessortt he had just time to torn round and see who was the person that assault ed him, when he was struck •to the ground. A stran4er happened to come up, and the. man who attacked him hearing his footstepsi'merle a precipi tate retreat and escaped. When Mr. Bird was taken home, and recovered, he stated that he knew silio the person was that had attacked' him, hot Mat. be never would divulge it. •On saying this he shed hers, and appeared mnch affected. It has been con.. *owed that the person who so basely attacked Mr. Birth was his murderer. On Saturday morning the coffi es in which the bodies of the above unfortunate persons were deposited,were after the relatives and the friends had taken their last view of thernocrewed down. At I o'clock it was report. ed that they were to be" buried; and vast crowds as• sembled to witness the mournful scene. Soch a sight has never before been witnessed in Greenwich. It was a considerable time before the procession could advance; from the multitude assembled to witness the melancholy ceremony of the interment. The pro. cession moved from the house of the deceased to Greenwich C'aurch. Mr. Bird was 84 1 and Mary Symmonds 44 years of age. Wednesday morning the body of a young woman, apparently about twenty-one years of age, was found by • 'vermin, who 'was rowing near Lady Parsons' stairs, in the River Thames.lying in the mud near the . stairs.• The body was conveyed to the Bee-hive, Aldgate. A slight shock of an earthquake was esperiended, on Friday last, at Coningby, in Lincolnshire, which lasted some seconds. A noise, like the subterra neous firing of cannon, was heard at-the time, and the windows of the houses in the town were much shaken. SHOCKING DEATHS BY Buetaisto.- - -Wednesday Mrs. Mary Parker, aged . 7G, residing at Homerton, Hackney, sitting in her apartment readiag, by some accident her clothes caught fire through a spark (ly ing out of the grate ; she was burnt in a dreadful manner, and (lied shortly afterwards in the greatest agony.—Tuesday a fine boy, John Prudence, aged five years, was left with his brother, not much older than himself, playing in their parents' parlour, by some accident the child's linen clothes caoghtfire, and he was ahockingly burnt; he was liken to the' London llospital, where he expired in the greatest pain. • The Sessions for Middlesex commenced at the Sessions-house, Clerkenwell-green, this day. Saturday last the prisoners, committed on charges of Felony, were removed from the .several jails in London and Middleset to Newgate, preparatory to taking their trials' at VIP onsnin4 Sessions at the Old MAO gotutheaceii on IVeduesday .._~. AN&TILRR HORRID MUR .Borsorestme.—On Saturday night, nine o'clock, the proceedieg% the then before Mr. Hresx,.tbe Sitting Magi; seddenly interrupted by Lecke, the ducing a man to . the lkigittiate, and . this man's daughter las jest been murd, ).alarming and arnexpeeted tommenimitiet Magistrate to suspend ell other business, to the complaint sect communication f introduced to him by the Jailer. Thr much overcome by grief, that his first incomprehensible. The Magistrate emit where the person Read who bad been He replied, she Bawd with him when I ,but now she wits no ,mortadtaling bee' about three quarters of an .hour since house, by a man of the name of then befit into tears. The Magistretr to compose himself, that he might bet the circumstances attending the horrid ti time might be loot in making ,exertiout and secure the murderer. After a little covered himself, and related that the cl daughter, married a man of the name "filch some months since, wh o represetitf be a man of considerable property, which be produced writiogs, ire. all o st,ce to be mere fabrications to deceive daughter. &fter this discovery, % lained that William *itch was a mar, rkli'vtife waeliving at the time he married aid m consequence of this discovery, Wittii area apprehended un a etterge of bigamy , to the" Police.o,fkce in Hatton.garden, endergoing au examinati(n, be was disc!' not state on what ground be was dischar , that both his deceased daughter and hi , peered against him ; his deceased dm home to live with him. He stated I John Minton, a carpenter, residing at street, Middlesex Hospital. Ott thc turday), about three quarters of en ' the time at which he Oar speakini daughter was in a room on the first young woman, a friend of her's, luso , of Betty Clarke, went to her, end t, at the door wanted to speak to her doubt but Betty Clarke told her it wanted her. In about five minutes went out of the room to go down st; Wm. Aitch, he heard a noise in the. he described as a stamping noise, whi to go into the passage to ascertain the shucking to relate, he discovered 'he , back, with her throat cut, and hl. fusely ; she was speechless. His dish. can better be imagined than described alarm, surgeons were sent for, and in a very short time, but, alas l' to life was extinct; the wound inflicted deep, that to use a commit phrase, described it, berthroat was cut Prot The witness then proceeded to state known with what description of ins( rid deed had been perpetrated, es foul(' pn the spot. He did not filar was heard but the stamping noise; presumed that the deliberate blood: must have gone to the house with AR lieu lOattock the deceased fur the dia. murdering her as soon as she prelim hiM, and most probably armed weapon in readiness to attack her, ness of time calculated upon of five time of her being called out, and she her throat cut, and the murderer made supposed he must have stopped her . thing to prevent her making an alai not described to have screamed, help. The Magistrate, oSi* hearing circumstances related, called all the ance at the Office before him, an in different directions in pursuit of who is charged with being the murder knows, in Covent-garden Market, at bourhood. At half-past eight o'clock yesterday formation was received that the assar log Divine Service at the Jerusalem 'street, the very place where he first ed witb the deceased. Foy had gem buildings in pursuit of one who cow formation, at the time. 11. Adkins, waited at the Chapel door until service He was pointed out on quitting 0 persons who had been within, end , of the deceased, and his bands were was taken to Bow-street, where he hand-cuffed. Mr. Stafford, in 0 Magistrates, coaCeising that sutici doing mischief to himself, when he too much resolution to do that." Office a . parson remarked that he ' haus, .when he replied, 6 • And I his fortitude." He is a good luck was sent to St. Martin's watch.hoose, were ordered to sit up with him. SUDDEN DEATR.—Yesterday nit o'clock, Mr. Kanter, a respect Clifford's Inn, Fleet-street, he'll health and spirits, sent for a bat Mel) , attended, and was proceed' hair, whets MGR.. without uttering and before medical aid could be ' CORONER'S INQUEST.—An low on Saturday afte►noon, before Coroner, at the Bunch of Grapes Strand, on ths body of Mr. Wil sod boot-maker. 3, Crown-plat Strand. lie unfortunately took mistake instead of Epsom salty, afterwards. Verdict-77e death acid of sugar in mistake for salts . On Friday se'ntrighr, tfm. Mt to the county jail of Nottingham, Erg. for trial at /the neat Assizes, oath of James Wilkinson, of feloniously stolen' out of Ms -sh shoes and boot.. :NI)tVNI Priried Toe Peti'liTllTA I 1 t r"11•1 ()Tries, hiLi 4, =lzaziaanal, RD R. a little before e eaatnivalions figistrate, otue 3..iler, sad iota , 4t it rder ed." This ion induced leo .sa, sad atso Fu t 3 from the m an • he man was s o Statement was squired of blue mur d ere d. ite, , s h e arias been fi t ov i en d Fe in Ai l o ' wit Slain Aitch, and ilia desired h i m ewble to rel at e d died, Shot ho ions to r i me ,tile gape h els „ • se deceased,,M s 'me of William s * anted himself ta , and to prof, of *Mei p ees std iv* himself awl , ft was Irried man, and led his daughter, , Wittisin Ait& ,arny, and taket web, where, after icbarged. Hedid charged, but said his first wife ap. ;tighter returnea his name to be t No.R4, Union. Set evening (Si.. hour previous co ng, his eneased ;t floor, when i. own by the name told her a person '; and he bad was Wrn.Aitch lifter h; daeskter Mails to speak to I. passage, which high inclined biet he cause, when, 'ea lying on her leeding moat pro. t ra;tiowaa ea ; digiief bed gave'end two arrived to 110 purpose was SD eslrrmely , P, as Mr. Minima sm ear 143 ear, ▪ that it was OS strusaPDl . V , p hibt• noise had berm Ass that hoy thing ; it was theioffirs ly-minded sdlain ris4,abe fromue d r i i t ie : h ut p er herself ri s )n( h: 4l tO with th e e of .deadly rt• minus : a f s cc a u f a ur i s f e . wltwlihtte e teei ng ihss mouth with Some. or called out for ng these dreadful afficarain attend- • sd dispotchad theta Jf William Aitcb, derer. He is well and in that Nigh- terday evening in. Bassin was attend. ro Chapel, in Lisle. A became scroaiati One to Itichmeella could give smiths. Ins, of Bow.streitil service was the Chapel by sew, id also by the Asti,. ere secured, and he he was searched and. the absence of the cient to, prevent hie to replied, " I Inee On his wee to dm resembled BMW wish I may possess, king man of 35. He lose, and two am* • sunning, about nine. rtable Attorney of ring risen in good' arber, who immodt. Kling to dress his ng a word,felidown, called was a corpse., squisition was taken HUGH LEWIS, Fsq• ss. Newcastle -court, ' illiam Culterill, shoe ace, Pickett.street, ,k acid of N agar by and espired shoed!' used died from MOT Its. Poore, we COMMIft.4I. by Joill chsigod thd, Upton, with hariolf. -shop, a quantity by . Sneer. .me ior 1 ..11:. iv 1- ifw,.