The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-24 00:00:00

- LAW. rOURT OF CHANCFRY. LINC')I.N'S INN, SATURDAY, DEC. if. IN THE NATTER OF HENN ST, A 11114KRUPT. The Court was occupied during the whole of this day, and the early part of Friday, in heating counsel upon the petition in this matter. The Petition was preferred on behalf of the Bankrupt, who had been a very extensive land holder and ship builder. lately residing at Faver sham. and complained of a series of oppressions by the Reverend Dr. Strong, Rector of Faversham, by the assignees, petitioning creditor, Solicitor under the Commission, and several others. It stated that Sir. Bennett, some time previous to his bankruptcy, had resisted the payment of some tythes to the Rev. Dr. Strong ; in consequence of which a suit was in stituted in the Court of Exchequer, respeaing the rialo of tythes, and a decision took place favour- ' able to the Reverend Gentleman, upon which he demanded a sum of between 5 and 60d1. from Bennett, who, though a person of very considerable landed property, was at tact time unable to raise a sufficient sum to discharge this demand, without disposing of his estates at a very great disadvantage ; he was accordingly arrested uncier attachment, at the snit of .he Reverend Gentleman. and committed to Maidstone gaol, where he remained for two months, at the end of which period (as was stated), by the contrivance of Dr. Strong, a commis sion of bankruptcy was issued against him, a ith no other view than the gratification of the Dodor's malice. A al:. Tappenden was appointed the so licitrr, and the assignees were chosen for their well known eranit ; towards the unfortunate bankrupt. When the bankruptcy was decla,ed, the parties im mediate,- took possession of ti:' .vhole of the bank rupt's estates, hinds, and personal property ; and, by the peteiaa, it appeared that the Commissioners M-ssenaar turned his children out of doors, not w t all the remonstrances which were used, and obliged them to seek shelter in gaol with their Echcr. The property was then put up for sale, and the real es -ate, at Norton Court, was sold to Major General Harris for 10,5001. which sum was considered to be much beneath its real value. A: that time it appeared that the whole of the banknipt's debts amounted to 9,8701.: ono, though the p• °duce of the sale of the real estate was much snore than sufficient to pay the sO,-le of his creditors their full demands, yet they praceetied to sell the remainder of his property, notwithstanding hii re peated intreaties that such sale might be suspended ; but, tar from attending to his request, they pin ita another estate at Faversham, which was adnally bought in by a ;oilier at the sale, through the con nivanca of the assignees, and the person so purchas ing was permitted to retain his berg ,in. The furniture and stock were afterwards set up public au&ion, and the audioneer, solicitor, and assignees, purchased the greater part themselves, a' an under value, the former gentleman having placed a number of persons in different parts of the room, for the purpose of bidding for him, by which means be purchased a great po rt i on o f t h e property. Some of the stock and produce was adoelly given away su a number of persons. The petition further com plained, th it the solicitor to the commission Was also a banker at Faversham, and the produce of t h e sales was deposited in his banking-house. It aka complained, that or.e of the commissioners, na in the cammiasion, \ Ir. Shaphrrd, was n a a prac tising barrister, but a brewer, and therefore ilia competent to fulfil the (lanes of that situation. it further appeared, that a considerable number of debts were due to the bankrupt, at the time or his bankruptcy, whowhop the assignees not fluty negleded to call in themselves, but refused to le: the bank rupt do so ; by which means a great portion of them were entirely lost. There was also a very heavy eine-nee incurred by the laiiicitor's bill of costs, which amounted to a large sum : twa corn missions had heel cued out, the fist was ex punged, and the second allowed ; and the whole era pence charged upon the bankrupt's estate. The petition contained various other complaints, too utimerous to insert ; the entire of which, in the end, charged the parties respondents with callusion, con. nivatv-e, and oppression; and concluded by pray irg, that the commission might be superseded ; and flue estates resold ; that the responahsots might be made accountable for the losses, &c. Mr. Romt aye, on behalf of the petitioner, stated the matter of the petition, and supported the sttarges, in observations and arguments the most able and impressive. Mr. Riot aim s, nn the part of all the respondents, except General Harris and Mr. Isushington, with his usual abili:y, repelivd the charges contained in the petition, most of whi. h, he contended, were unfounded ; he admitted that some irregularities had taken place, which he did not mean to palliate, but the bankrupt himself had acted improperly, in the first instance, as the act of bankruptcy was his own sacking, having suffered himself to remain in gaol two mouths when he might have paid the debt. It was his own choice that his children left his house, and went to the gaol ; lie had given ditections fur that purpose, and the Commissioners messenger had instructions to treat them with every possible kind*. Reif and attention, which he would have done if they had remained iisahe house As to the sale, every possible publicity was resorted to, and notice was giros in all the newspapers, both town and country, for a long time, previous to its taking place. This sale was had by the assignees. General Harris applied to Mr. Tappcnden to hid for him, but the latter declined doing so, as, being agent to the com mission, he did not conceive it would be proper. As to Mr. Shepherd, he was not a brewer, but a re gular practising barrister ; and, although he did not nave attend Court as he need to do, yet he practised as all other banisters did, but confined himself to that part of die country. As to Mr. Tappencien's being the solicitor to the commission, and a banker also, he did not see hew the one was incompatible with the other : it was true the money was lodged in the bask, but it was not paid at the time the sale was had, hut some time after, and the following day NI% Tappendets went to Canterbory, sad paid the mortgagee of the estate tics amount of his debt. And, as to the collection of the debts due to the bankrupt's estate, the assignees offered to authorise the bankrupt himself to receive them. He there- lure ousted his Lordship would no: consider the parties, Respondents, in so culpable a light as the charges in the petition were inclined to do. Mr. ALEXANDER, on behalf of the other two re spondents, Major-Gen. Harris, and Mr. Lushington; observed,that the latter gentleman was at present the owner and occupier of the Northencourt estate, and, residing with his family upon it, he did not by any means consider he had made a cheap pet-chase ; on the contrary, he considered he had got but .t very bad bargain of it; but he lead laid out a great deal of money on it, and therefore it would be el vet y great consequence to him. There was no evidence whatever affecting General Harris and Mr. bish ington, which could in, l any manner connect them with the other respondents : he therefore considered it his duty to separate the fads, and divide them from the other parties concerned in the tf ansuCtion. The Learned Counsel then provided to shew, by a view of the whole proceedings, that his clients were wholly unconnedel with the other parties, and that on their part it was a fair and Lana fide transaCtion. Mr. ROMILL Y replied at great length, and the CHANCELLOR, in delivering his judgment, animad verted upon many of the abuses which hail crept into, and existed in the Bankrupt Laws, which he exceedingly regretted, and expressed a strong wish that they might be reformed in future. I his Lord ship then observed, that in all cases of this kind, the solicitor was to be considered as the solicitor, not only under the great seal, but also to the bank rupt, to the commissioners, to the assignees, and, in short, to the creditors at large; and it was his duty to see that there was no imposition or fraud praitised. With respect to the assignees, he iwdeted that they se.ould replace any loss which might have :sect ued, in consequence of ddzir neglect, in not sol leaing the debts due to the ba..i..rupt's estate, in due time. Vita respeCt to the auetioneer, the law upon that head was long sufficiently established, and it was impossible to permit an a.iiftione •r to purchase for his own benefit; he wa, the trustee for the party, and mu tbe charged. With resp.ret to the costs, he declared he seen enough in the proceedings in this balk; pay, to induce him to refer the whole of them to dt, master. First, to consider as to the proceedings which were absolutely necessary to be done ; and, secondly, as to time reasonableness of the several charges. His Lordship further decreed, that the bankrupt should •be pant his costs and ex pence*, to which he had been put ; the amount also to 'se rei.ered to the master: and, als', that the pu , chasers of bi , property should be con-tact-ed for the present, merely as trustees, for his benefit. Lastly, widi respect to General Harris, and Mr. Lushington, whose case he considered of vast im por.ance to , them, he thought it hut tight to give it a due co:,sideration, and it was only just to separate them from the other parties in the tt ansaftion. I Its Lordship, therefore, reserved his opinion upon that subject until Monday, when he will pronounce his final order in the cause. COMMON Pl.! kS, Gun 01l Si[Nags at MU Print, bef.. re !We. Juilue It UV C and a Special jury. PARRY' V. DANIILL. This was an anion brought by the Plaintiff, a Stationer and Mathematical Inattament hlakt , r, living in the Minot:es, against the Defer.'lam. an Apothecary .ind Chymist, te.iding at Wapping, to recover dam a. es lot two libels, yaMiished by deaire n' the Defeat tint. The declaration contained six count : the three first charging; the Plaintiff with lieiag concerned in the Iri,h r. hellion of 17.18, and the three laat with being a suborner of fake wit ness:,s. To the three last counts the Def•nriant had pot in a .pecial plea of justification, and to the other three pleaded the general issue. Serioant SSIZPHERD. as Counsel for the Plaintiff, stated, that they wyre as malignantly scurrilous as they were stupid ; that they were libels against a cha ritable society, to which Mr. B.trry belonged: he said, he believed the Plaintiff wa-, an Irishman, and that most of the members of that respenable so ciety were also Irishmen. It was necessary, he said, that the Court and the Jury might understand this libel when read, to let them into some of the history of it In the year 1797, Mr Barry had some dealings with an American Captain, of the name of Healy, and, having sold Lim some goods, was obliged to bring an anion againat him for the amount The Captain put in bail, sailed for Ame rica, and never since returned. In that anion the Plaintiff was nonsuited. on account of a witness for Mr. Barry declaring that he had been bribed by him. A report of that c-naef appeared next day in at newspaper. In June, 1803, the Defendant got a number of bills printed, and stuck in different parts of the town ; which, though not direnly nam ing the Plaintiff, yet, it would be impossible not to know he WAS meant, on account of the anion, and the report of it in the paper alluded to. The first libel was as follows: " Renegade Mann. Hi Friday, June 114, 1803, • grand pfOCCl4.o.llaf Hibernian Reties; .de M. 4.0.14 are expected to pa rade (euntisiv b. th- law.) betw.,..l. (lie 11,4tra of ten and r .ur, from Cornhill to a new huildi.ig, Ratcliff I ball way, OMIT Salt Prim Hank; from thence to Caonoilliiiry House. This Swirly is called The united Irishman's Wake, 'or, Royal Mir illlol`S Lold4e. Ti... meeting w.ll be c o nd uc t e d and headed by Tommy Pal)er. Deputy Grand; Bobby Scout, Grand Scribe; and Pohly Master of the Cereal°. nies, suborner of false witileswe against American Captains [to this tivoe was a note at the bottom, referring to The Ledger of the itSth of February, 1801.]; with other gentlemen of equal respectability, Front that illustrions tami:„ at Vinegar Hill, near We•furd. We admit men of colour. if willing to engage in destroying the Royal Navy, and the r.:gidat ancient Cutstitation. Some Charity Children will mils ri from Hill KIM/CY! Coal shed, Given Bank, or Dung Maar, to sanction ow proceedings all under the rub of morality. "By Oyler of the Society, " PAT. VIII.ARNEY, " W. M. MUNGO, " Tyler and Lecture Master. " N.B. Fietoen ehiremly sweepers will attend the Froce, lion, deemed in maosme paraphernalia. Repair, my jewels, quiek, to the I him...nail Renegade Lodge, Peirs—trect." the second libel WAY, " A caution to the pniolle, more particularly gentlemen from America. The rein.gades ball iv expected to be held at place called, Tb 2 London Mariners LotlKr, Pellatreet, neat Well-hne•square, on Thui.elay next. January 19, ISO 4, at seven in the evening ; the racet.og will be con.luco.d by some very IMlnous ebantrieri, many of whom have 1114- icacritti;y violated the moot 4/Cfrii Lift of the order. N,.toce, the primps! leader, Commod.ore O'Blarney, was detected in crideassionng to s•thom a take vanes. agairin an American Captain, in the Court of King'. Bench, on the 154 h of Fe bruary, 1797. From the indefatigable ears tunas of the stew ards ensp l oyed on this occasions, a &Amnon of the most accom plished Cyprons from >i4 C aliens Hand's Solt rein Bush. Night;nielt-laar, Vfrtegar•yard, I negate field:, New Gravel-lane, Black Bear-alley, &c. &c. A very irsianii. no .10114 t, wi:l 4,1,111. " Querv—Xl s any geotkilian iotroduce a prnd,nt woeian or will any win of tio.sour oc s•en to asintnat- with &nen 1 aiotlev trots. e "i B St7,cturei the con&c-t of Stewali will appear, if 1iCe.:4411y." Serjeant SIC-PRERD made plinted 01)cerifiltiONS on every sentence of these papers, and concluded by calling on the Jury for ample damages. Thomas Jones, who is in the empioyment of the was called to prove that he was a stationer and mathematical instrument-maker, and that his dealings were principally with American Captains. On his cross-examination, he said the Plaintiff had belonged to the Old Royal Naval Lodge of Masons, and that lately he became a member of the Royal Mariners' Lodge, and that he brought with turn come members of the old lodge, and that it was in June, 1803, they became renegade from the old lodge to the new. Robert Lestlr proved the existence of the Masonic Charity Society for clothing and educating the chil dren of indigent masons, and that the Plaiiitiff was a subscriber to it. On his cross examination, he said he belonged to the Royal Mariners' Lodge, and never had belong-. 1 to the Royal Naval, and that he sopivised he wai the person meant by Bobby Scout, a, he was se cretary. The rebellion of 1798, in Ireland, was then proved by the King's Proclamation in the Gazette. The record in the cause of Barry against HealT, tried in the Court rif King's Bench before Lord Kti VON, on the I sth of February I 797, was then produced by Mr. Noy, attorney for the present De f;indant. Ile. deposed that in the trial in 1797 he was attorney for the Defendant, that it was for the recovery of 4f/I the value of some goods alleged to be sold to the Defendant; and, upon that occasit n MI. ERSE I NE. in stating the Plaintiff's case, said, that he would save the Court trouble, and call a witness of the name of Jones, who would prove the delivery of the last parcel of geo is, and an acknow ledgment from the Captain to pay the mune). Jones was accordingly called, and answered to that name ; when the book was offered to him, he said his name was not John Jones, that his name was John Solomon. Lord Knaves asked him what he meant ?—the witness said, that if the Plaintiff was tailed, he would tell the whole story. The Plain tiff was called, and they were confronted. Solomon then stated that he knew nothing of the cause, but had been hired by Mr. Barry to swear he went on board the Defendant's ship, and saw part of the goods delivered, and that the Capt. bad promised payment far them : he then produced a paper, which he said had been given tohim, as instructions,rnd said that he had been at the house of the Plaintiff, who, after in structing him in what he should say, brought him to Mr. Harrison, his attorney at that time, who took down his testimony ; he said he had, when the Plaintiff applied to him, undertaken to give evi dence on purpo►e to ex,rose him, an] that the Plain tiff i - firde him take the name of Jones, when he went to Mr. Harrison, as his real name of Solomon appeared so much like a Jew's name. He then said he went immediately to the Defendant's attorney, and told him what had passed, and that he served him with a subpoena; he also threw a guinea upon the table, which he said he had got from [tarry; -end-that when the trial was over he was to get tour more. Mr. Eass: Is a then observed, he WAS very gird, for the ho.iour of the profession, mat neither of the attorneys had been concerned in it. Lord KENYON commeoded the man for what he did, and said he did not know whether he ought no, at once to commit the Plaintiff, but at any rate that he should be indicted. Mr.Noy, on his cross-ex amination, said he did not know who Mr. Solomon was, except that he told him he was a furrier, and that he gave him three guineas for his honesty, by the desire of Mr. Busher, who had been one of the Defendant's bail. John Skirvin, a printer, deposed, that the De fendant shcavcd him a manucript to the same effect as one of the libels, but did not recollect that he ofered it to him to print. L iwrence Thompson, the person sell') printed the libels, said, that he printed thtm for the Royal Nava/ Lodge, of which the Defendant was master ; he did Mt know who was the author, they were brought to him by the Secretary, and he printed about 400 of them, the greater Nit of which he delivered to the bill sticker : the manuscript of the larger bill was in the haad writing of the Defendant, but the other WAS not. Charles Osborne had formerly been an apprentice to Mr. Daniel, and saw him write the libel ; he said there was more in the manuscript than in the bill, but that the manuscript contained every thing that is .in the bill. Mr. Daniel told him that by Paddy ()'Blarney he meant Barry, who had, he said, treated him very ill, and that he intended to cu; him up like mince meat. Patrick Murphy, a biscuit-baker in Wapping, de posed, that the bills had been given to him by Daniel's servant, enclosed in a cover, which was directed to him in the hand writing of the De fendant, as was proved by the former witness. William Williams, waiter at the New York Coffee-house, much frequented by American Cap tains, said, that a large bundle of the bills had beet left on the table rally one morning by a little dirty boy, w'.... ;illitiediately went away. waterman, said, he got some of the hid, from Daniel, for the purpose of leaving them on board American ships, and that he old so, and was paid for it. _ . - - --- Serjeant Cocotte, for the Defendant, said, that as to the charge of suborning a witness, he believed his learned Brother would not contend, that it was not justitied by the testimony of Mr. Noy ; but if the Court did not think it was sufficiently made out, he could give still stronger proofs of it. Mr. Justice ROUKC said, he believed his brother COCKLE need not give himself any farther trouble about making out tke justification ; that he under stood, and he had no doubt the Gentlemen 'if the Jury also thought the justification was suffisiently established by tae testimony of Mr. Noy. The Jury signified their perfeet satisfaCtion. he Learned Serjeant then said, that as to the other count she could not, in point of law or fad, dispute it, there must be a verdict against his Client. that the iialy consideration now for the Jury was the amount of the damages they would give to the Plaintiff He said there was in proof before them, that the Plaintiff was a member of an ancient lodge, ---~- called the Royal Naval Lodge, and tilat - he and some others became seceders from it ; on which ac count there was a kind of War carried r. 4 between cttr merribcr; of the old and new lodges: this, hi saidi was An Account of the whole business; and ridiculed the idea, that any part of the libels had the slightest retrosped to tire 164 i rebt.liior. He the ~ wAt great ingenuity, explained the different passages in the libel, putting on every se. i tence a construe" on widely differing from that laid down by Scrjeant SHXPHEUO Mr. Justice Afloat observed to the Jury, that the jussifira..ion to those counts in the declara. ion, charg lug the Defendant with suborning a witness, was clearly made out, and that as to the other counts, if they should be ; of opinion that the libel applied to Any thing treasonable, the damages they would give should be serion4 ; but if, on the other hand, it should appear to them that it applied mere ly to the internal government of these M,.• Lodges, he then thought the damages shod he but nominal. The Jury instantly gave a Vurdia for the Plaintiff—Damages forty shillings. SK.II77NG. Ihe Serpentine Rivet, in Hyde Park, and the Canal, in St. James's, yesterday displayed a vase. concour.e of skaiters, as well as a multitude of spee . dators, amongst whom were a number of bloom ing fair ones. The banks of the Serpentine River were crowded by youth, beauty, and fashion, while the sportive youths glided over the glassy surface in rapid and graceful movements. The finer .s of the weather induced crowds to the scene, and earl/ in the day, some apprehension was entertained of fu ture accidents from the appearance of the ice. The • majority, however, soon followed the c , urigerms few, who ventured to lead the way, and by twelve o'clock, some hundreds were engaged in the ex ercise. On the small sheet or water ne.tr Hyde Park Corner, oo th.! way through Hotten.row, two gentlemen were conspicuous for their supe rior anivity and the elegance of their attitudes.— The graceful celerity of their movements attraßed not only the font pasamgers. but numbers of car riages, which stopped to observe them. We ere happy to add, that no nytterial accident oc curred ; the ice was broken in a few places, and some wet jackets were exhibited to tit- no small amusement of the beholders. ‘Ve übserved with very great satisitaion. that a :,ember of men at tended well supplied with drag ropes and poles, ita CASC of any accident. SHOCKING ACCIDEAT. On Friday night, the cook-maid of Mr. Walsh, law-stationer, is the Temple, went into the office about ten o'clock, and having approached too near the fire, her cloaths caught it, and were in a moment in a blaze. Her master and mistress being froth home, and no person on the %am.. fl tor stab her but a run t .; lad, an apprentice, and a servant maid. she had the presence of mini to run to the parlour. for the purpose of rolling herself its the carpet. Befcre, however, she could reach the pariour, the had to pass through the shop, the kitchen, and a long passage; and the rapidity of her flight made her cloaths burn stil more fiercely. £he apprentice followed her taco toe parLur, huh being unable. from terror and alarm, to make the proper use of the carpet, he ran in o the street, and brought in some neighbours, by :tosat .sssi•tance :!;it flames were extinguished, but net before her limbs and sides were dreadfully burned. I o her pass.ite through the shop, some of her burning cloath, dropped a; and set tire to some paper, woich socn communicated to the stair-casc. When discovered, the wainscotting of the staircase was on tire, and the Games, in a few minutes, must have reached the rooms where Mr. Walsh's two infant ci.ildr-n were asleep; they were extinguished, b•isseeer, wi.hout any material iojury to the premises. Fires are very frequent at this season of the ye tr, and, ;is they ge nerally originate in carelessness or giddinc.s, we hope this may prove a warning to servants. Saturday the Polls recommenced for Cnmmnn Councilmen in the Tower and Bridge Wards. The polling at the l'ower Ward was carried on with great spirit, and at the close the numbers were— Mco-ars.S iiirchin.,,n 102 S Dixon 101,J. , n 100, M. Luca• 98, T. DAWLIII . 97. 1) I.am,, 95, S. 95. T. 8ri4,192, 't Fmh,•rgill 9t, C. Sterrart S. Welker 87,.1. Fiertshnme, 75, L Gi,a .n Bridge «'a•d.—The poll closed at three o'clock. and the numbers wer, Mews Bertram 31, Al ht 11, Co:,e 31, Garrett 31, Chill 11, Maltby JO, Browne 30, !toiferte .I ,, yner 29, Cl ,, uieta shl, Wrench 28, Jackeas 28, Soya' 26, Rm. 25, paltry* SI, Lacey 15, Wild, 7. The Polling will recommence, and finally c'cse, this day. "" • - - The . sessions for the trial of ()Toilers cumnrltted on the high seas, are to he held ar the 01J ltatley. on Wednesday the 16th January neat. A man was committed at Union Hall on Friday. for stealing dead bodies from several Church Yards in the Karr-ugh. Information was given to Sir JOHN PINHORN, oil Friday, of an intended Duel in a li •id upon the Kent read. be.s; ee l ) rapt. C— and Mr. G.—. 4 met. chant. The Peace Officers were sent to the spot. who brought the parties to tl•e Oific Union flair, • where they were bound over to k.•ep the peace. At the Mansion-house on Saturday, an informer made complaints against several reap- 41.41)6 stria keepers in Gracechurch-street, charging th a n with not having swept the pavement before their d ors before ten o'clock in the morning, according to AR of Pat linment. The inform.r ratted, that he had watched the doors from eight till ten o'clock, and that no sweeping tank place. The defend r , ,ta brought forward their n.•rters and servants, nit., po sitively swore that the door, had b.en swept by them on the morning in question. fits Lordship then dismissed all the informations. On the night of Thursday s i nnit-ht, Mr. Rl cti tans, a Lieutenant in the Impress Set vice, hung himself at Poole, in Dors.:shire, in his bed-rot.ni. Love is supposed to have boat& the Y••sterday morning, at an earl hour, as a gen tleman, who wasgeii: g into the cour.r.rr fur the amusement of sho ting, was carelessly crossing the on the Paddington Canal, it gave way, an.f Le fell in ; he, hosstver, had the presevce of mind to keep .4 f a hold of his fowling piece. which t irtu- . nattily happened to catch .scross them) of the sier t:we, and inns saved !kitsch from death. _....1 1