The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-17 00:00:00

1 I !~'~""~- BANKRUPTCY OF MARSH AND CO. thitarday a meeting of the creditors of the baaloopts, Marsh, thehato, Steamy, and Fauntieroy, took place at the Commis *doers' Court, Guildhall, for the purpose of proving debts, of as , venting et dissenting from the assignees commencing a suit in equity against all necessary parties, for the recovery of the debt claimed to be due to the estate of the bankrupts trim the estate of Marsh and Son, Navy Agents, and to consider and determine • upon sneh other measures as shall be deemed expedient with re ference to that clone' ; and also to assent to, or dissent from, the axioms, compouoding certain debts due to the estate of the bankrupts, Teem various persona whose names were stated to the meeting t and also to assent to, or dissent from, the assignees paving is full the wages of the several clerks adamants of the lake bankin4-hones; and also to assent to, or dissent from, the assignees selling by private contract certain property of the bank• mots. • At a quarter-past one o'clock, Mr. Bot.Lann, the principal RI. signto. was voted into the Chair, and Mr. tiontioN, the solicitor under the commission, ri-ad the advertisement from the Leodon Go. Ifte - n-ftc, in pursuance of which this 'netting sari convened, and setting forth the business intended to be submitted to it. Mr. Gonoom proceeded to address the meeting upon the state of the bankrupts' affairs. He said that en examining the books of 31ersh. Strscey, and Co. they found an account of a debt due to that finn, from Minh and non. the wavy agents, which the se signers contended to'amoent to 73 . 50 b/. 18a. Bd. There was oa the opposes side to be deducted an untie:swilled amount of certain se guinea supposed to be worth 10,300 L The question for the se. _ e dltors was, how they were to get at the balance of this debt • • The advances of which this large sum was composed, had been made by the late banking firm, in the year 101 A, upon this clear understanding. that Mr. Marsh, sen. was to be, in fact, the responsible patios in the navy-firm, and hits son, Mr. Arthur Cuthbert Minh, to be only a nominal partner. the salaried ma. surer, except upon a certain contingency, which had never or.- . cared. The lank was always to look to Marsh, Pen. for the as► nee. and not to Arthur Cuthbert Marsh, in whose name the as count was permitted to stand, to prevent its being mixed up with the private account of Mr. Marsh in the firm. The Orin of Marsh ant: Son suspended payment when the bank failed, and the creditors of the former were informed, that, if the alleged debt due to the bank were kept out of the claims, the Navy Agency house would be able to meet all their debts in full, and have a surplus of 30,000 L, which would pass to the separate etre of Mr. Marsh, sen., and necessarily be evadable for the auditor* of the banking concern. The creditors of Marsh and Son ithea, of course, anxious to throw the banking creditors upon what. surplus should remain after the payment in full of their own s; but the assignees were of opinion that it would be better the banking creditors to go in upon the whole of the estate, • 'slither than on any contingent balance. A great many difficulties had however arisen in the discussion to which this particular ques tion had given rise. and many cases had been submitted upon it to lawyers, who had (littered exceedingly in their views of the mattes. and, on the whole, given very little encouragement to go to law upon the business. New light had broken upon the transaction lately, and the assignees said that true the credit had been given to Mr. Marsh, seri, only, hut it was also true, there was an under standing that Mr. Arthur Cuthbert Marsh should not be a partner in the have Agency concern. Now that they found the junior Mr. Marsh to have been substantially , a partner, they (the assignees) conceited themselves clearly entitled to claim upon the partnership assets. Mr. Heald was of opinion they had a clear right upon Marsh and son. Mr. Bell was doubtful on the point. The woo:flees, after giving the matter their best consideration, thought it better to go before the Lord Chancellor fur so large a sum, sad it sat for the creditors to sanction, or dissent from their opinion. They must he aware of the uncertainty and inconvenience of a Chancery suit; but there was every reason to hope, &lithe creditors at each side were equally interested in the early decision upnn it, thatrhe matter would be so arranged by mutual agreement for the legal sonsideration, that they would be able to go straight forward, ,and have • derision without much loss of time. The meeting seetild decide whether it were preferable to go to law, or abide by . . th& oarplus io Marsh and Son's of airs? He ought to state that at , a tweeting of the creditors bf the Navy Agency concern, held in Snidand-yard on the 10th of Novembet, Sir Benjamin Hallowell la the chair, a resolution was adopted to give Mr. Arthur Cothblet." :Nasal a letter of license to go on winding up the affairs of his Imes. tor 12 months. A creditor remarked that in the 'citer of license Mr. A. C. 3larthi was described as not being a partner, but a salaried clerk. Mr. Oonnow replied, that the fact of Mr. Marsh, jun. bring fte receive 0001. a-year " out of the profits," made him a partner, se cording to the Attorney-General's opinion. A Gentleman, who maid he was interested for a creditor of the Navy. Agency concern, declared that it was essential the creditors of both firms should come to a speedy understanding upon this matter. The creditors of Marsh and Son, although four months had elapsed since elle suspension of their payments, as yet knew nothing of the state of their affairs. They were uninformed about their assets. There was certainly some delicacy to be observed in any detailed statement of their accounts, for many of their debtors were naval charactes of consideration, whose private ants ought net to be unnecessarily exposed. But there ought to be some recognized manager besides .Mr. Marsh, jun. himself, to look after their affairs. Mr. Marsh himself might not to be die receiver nor the collector, which was witch the same. It was them suggested that whoever was appointed teceiyer or collector, ought to glee adequate security for the due discharge of his durv. hit. Goanow said, that the assignees had received from the solicitor to Marsh and Son, the copy of a draft of agreement for the appointment of a receiver of the Navy Agency concern. And It was suggested that it would be proper, if possible, to make one of the gentlemen of 3lessrs. Coutts's bank that receiver; but upon looking over the terms of the deed, it was discovered that the re ceiver was to be Ulnae responsible in some degree for the detail* of the collection, arid this responsibility was declined by the firm of ' I ',sults, after consulting with their solicitor. Mr. Bolatun, the Chairman, hoped that the creditors would instruct the assignees how they were to proceed with regard to the firm of Marsh and Son. his. Kunio 3 - , the other assignee, said that they were of opinion they had both law and equity in proseeuting their claim upon the general funds of the estate of Marsh and Son. Mr. Ken:oft, the Solicitor, said, the ease was not quite so clear—he anticipated many diliculties in the legal progress tat such a cause, In consequence of Mr. Marsh, son. being a partner in both firma and the peculiarity of the two accounts. Me. BOLI.AND—We do not contemplate this difficulty, nor is It started by our legal advisers. Mr. KNIGHT—But you must meet it, and it had best be con sidered at the outset. Mr. GORDON could not see this difficulty in the progress of the Cause. Mr. KNIGHT repeated his persuasion of the difficulty. Mr. GORDON replied, that there were cases of two bankrupt firms, the one claiming upon the other, with an identical party common to both. MT. KNIGHT said, that that had only occurred in the ease of bills of exchange, and not where there was an open balance of ac coy at, as in this case. Mr. Loan said that the creditors were incompetent to discuss the legal technicalities of such a question, and therefore it was use less to delay the real business of the day, which was whether the assignees should have the power of taking legal proceedings if they thought proper foe the recovery of the debt due to the banking con. cern. by Marsh and Son. To plain men it would certainly appear extraordinary, if Mr. Marsh, sen. could take out of the bank of which he woos partner, above 70,0001., and put it into another con. cern for his own separate interest ; and that it could be then said, lint banking creditors, after his bankruptcy, who had supplied this large fund, were to have no claim upon the estate of the other con cern, established by money taken out of their own pockets. (Hear, hear.) To shut out such a claim would, in fact, be to pick their pockets. (Hear, hear.) To put it to rest, he moved that the Mee'ing do consent and agree, that the assignees should prosecute, • if they thought proper, a suit in equity, to recover payment of the deb; due by Marsh and Son. Mr. WlLsou seconded this motion. Mr. FROST ridiculed the legal refinement which, it was said, would impede their claim upon tire estate of Marsh and Son, and complimented the assignees of the banking estate for the honour and zeal they had shown in the discharge of their duty us behalf of - the creditors. (Hear, hear.) --The motion was then put and onattimously carried, and followed by a resolution, recommending the appointment of a proper receiver fir the assets of Marsh and Son, until the question between the two estates should be adusted. COMPOSITIONS j ICITII CREDITORS. Mr. Kole; sir, the assignee, then submitted to the meeting the propriety of their enabling the assignees to enter into composition with certain creditors, whenever that mode of settlement should be deemed convenient. He wished to state the risotto: of Sharpe and Clarke. Marsh and Co. (the bankers) had discounted for them paper to the amount of 1,0461. Is., of which Edginton, the coach man, sad two others, were the tors. Edginton had become a brankrupt, and Sharpe and Clarke submitted their affhirs to -heir creditors, and offered eight shillings in the pound. which all lad agreed to accept save the assignees. Ought they now to accept s out composition ? He rather thought, by agreeing to Sharpe and ,arke's Ofter, they would have a chance of making up the balance is , Atic in the pound from other quarters. (Hear, bar.) There v'd. also the ease of Mr. Tewson, of Percy-street, for whose accept " drawn by Mr. Fountain, they were offered a cash compost t sou of Ss. in the pound, which might also be a ted to fifteen in another quarter. There was also Mr. flottebelf 11, drawn on some foreigner, who offered ten shillings in the pound, and the be lance to be set oil against his claim on the bankrupt's estate. There was Alr. Henry Joy. the builder, who owed one hundred pounds, but all he wanted was time. A resolution was then unanimously passed, giving the assignees the discretionary power of assenting to the }reposed arrangements io ell the above cases. FULL PAYMENT OF THE CLERKS. Mr. Eirittur, assignee, Paid that he had sow to advert to a ease, in which both custom and justice sanctioned the full payment : it was for the arrears due for salaries and wages to clerks and servants or the late Bank in Demers-street. The case of Mr. Watson, the boek.lieeper, was rather peculiar. His salary was 4001. per year, and those quartets of it waedue to hint for the year 11124. when the bank had stopped payment ; besides this land there we. the pecu liarity) there were due to him a balance of `-'2l/. which stood hi his mares. out of hit :slaty, at the Christmas of 41123. Ile then read a Irtin from Mr. Watson to the assignees, in which he threw him. self upon their consideration fur the balance, as well as the current yesea portion of salary, the former having in fact accrued front the Geary of the preceding yes. Some conversation arose among the coeditors, ma to the pro-, . , 1 ,- ' priety of drawing • distinction between the balance of the cash account, and Alr. Watson's salary ; many thought he oughtio stand as a aeditor for the former; others were of opinion, that as his services might still be wanted in the progress of their affairs, it world be better, and more liberal to draw no distinction in the account, but pay the whole. Mr. Watson had been in the house twenty-five years. Mr. Tyson eighteen years, and others, seven teen, fourteen, and six years. Four of the clerks, it appeared, had got employment elsewhere, three were still kept employed in winding up the bank affairs, and it was acid, that the estate would be relieved of this expense of management, as soon as it could be conveniently accomplished for the interest of the creditors. It was then unanimously resolved, That the clerks and Servants should be paid in full, including 21r. Watson's balance of account. MR. FAUNTLEROY'S PRIVATE PAPERS. Mr. Gonnox said, that in examining the private papers of the late 31r. Fauntleroy, they hail found • policy of insurance upon the life of Mr. Gordon Urquhart, for 1,500/. There was no ex planation of how it came among these papers, except that there was an assignntent upon it. as security fir 2,400/. The whole debt, however, appeared to have been paid off last July by Al n. Christie, and no notice seemed at the time to have been taken of this policy. The assignees, however, did not feel thetnelves jus tified in airing up this policy to Mr. Urquhart, without some con sideration to repay the outlay of Mr. Fauntleroy in maintaining the policy, and which was estimated to amount to 233/. 2a. Messrs. Robinson and Co., the solicitors for Mr. Urquhart, had agreed to give 1311. for the restoration of this policy, and the only object in getting it seemed to beAus enable some of Mr. Urquhart 's friends to keep up the policy for the benefit of the family.—The power to surrender the policy on these conditions was then conferred, by a unanimous resolution, upon the assignees. PROPERTY IN HOUSES- Mr. Kum T (the assignee) then said, that there were several houses and ground-rents among the wale of the bankrupts' estate. There were six houses in ilryanstone-square, and two houses in York-street, belonging to Mr. Fauntleroy's separate estate. It was thought that if these were sold piece-meal by pri vate contract they would bring • better price titan if put up to public suction. Mr. Lour) objected to any sale by private contract; he thought it much better for the creditors, and certainly more satisfactory for the assignees themselves, that the sales should be by public sue noon. It would obviate the possibikty of any future imputation of partiality in the disposal of the property. (Hear.) Mr. KNIGHT and Mr. ROLLAND both concurred in the view taken by the last si.. her, that the public sale would be more sa tisfactory to their fee lin gs. It an then carried unanimously, that the sale should be by public auction. In answer to a question from a creditor, Mr. /CND:3NT declared, there was no truth in the report; that any thing had been disposed of by private sale, by the assignees. Mr. Daersow (the auctioneer) said, that if they had ten times the property which belonged to the estate to be disposed of, they would get by auction good bidders for it, at the present moment. After some motions of mere form, the meeting adjourned. LAID INTFiLIGFNCE. COURT OF CRANGERY,SATuato.or, JAW. IS. • NX-PARTE LIMAI TN 7111 L X OF TITOR.MANTLi• Mr. Haul - said, this was a matter in which he appeared as Counsel. but so long ago, that he had no doubt of its being entirely out of his Lordship's reeollection. The original application was for leave to prove a debt under this bankruptcy by a note of a par- Ocular nature. and the order upon that petition was appealed from. It was the application of a very poor woman. and his Lordship was as good u.to say, without incurring the expense of having it argued here, as well cs probably elsewhere, if the papers were handed to him, he would consult aids some of the common law judges upon ft, and inform the Bar of the result. His Lounsitir now perfectly recollected the case, and if 31r. Hart would have it put into the paper fur Wednesday next, his Lordship,would dispose of It. COURT OF KING'S BENcti, SetranAT,Jmr.ls. Sittings at Guildhall, Landon, be pre Mr. ✓usSOC ABBOTT and Special Jur ics. timer) AND ANOTHER V. orciwnttxte Up ANOTHER. This was an action to recover the value of a quantity of sugar, sold by the plaintiffs to the defendants, through the medium of a broker. TheplaintiTs ose was conducted by the ATTORNEY-GENE ' a•c, blr.3leaavAT and 1 1 11.Coniu . ; and the defendants by air. SEARLE./ T and Alt. CAMPBELL. The principal witness examined was Mr. Thomas l'ippet, a sworn broker of London; and ii appeared, front his evidence, that the sugar in question, which consisted of two pireels, had been bought by him of the plaintiffs, and sold to the defendants. He was broker in the transaction. In the bought notes delivered to the plaintifti, it was stated that he bought fora principal, without naming Mtn. The sugars were to be paid for to the plaintiffs, prompt, at two months. lq the eels notes, the contract was, that the defendant should pay for the sugars in ready with on deli. very. When the sugars were delivered, the defendants paid *witness ler than ; but by the time the prompt expired, and plaintiffi de manded payment, according to their understanding of the contract, witness had become embarrassed, and was unable to pay the money. The plaintiffs then. for the first time, demanded the names of wit ness's principals. On cross-examination, witness said, that, in point of fact, he had no principal on whose account he bought at the time the sugars were purchased of the plaintiff, nor did the defendants instruct him to purchase the goods of the plaintiffs, of whom, in fact, the defendants knew nothing, except by name, in the transaction. It was true he had in the bought notes stated that he purchased fora principal ; but it was not usual for the vendor to have the name of the principal given to him unless it was de manded. Witness had frequently dealt with the plaintiff's in this manner. In this instance they did not demand the names of the defendants until after the prompt had expired, nod when witness, who had received the price of the sugars of the defendants, was unable to pay it. The plaintiffs had attended the meeting of witness's auditors, but he was unable to state what passed on that occasion. Mr. Rucker, a sugar broker, deposed, that It was the custom in the sugar trade fur brokers to purchase goods for principals without naming them. The name was never given unless the vendor demanded it. Witness, as a broker, always had a principal before he purchased. Under these circumstances, it was contended for the plaintiffs, that, although the defendants might have paid Mr. Pippet for the sugars, still they were liable over again to the plaintiff's, Mu. much as the sugars had been gold on their account, and for their benefit. The defendants ought not to have paid Pippet after the names of the plaintiffs hail been diselosed.—For the defendants it was insisted. that, however improperly Mr. Pippet might have acted, still, as the defendants did not know any thing of him but as • vendor selling for his own account, and had paid him according to the terms of the contract, on that footing they could not be liable again to the plaintiffs. The defendants knew nothing of the plain tiff', at the time of the sale. The Lout, Cum, Jurrlcr thought there was no evidence to charge the defendants with any liability to the plaintiff's. Properly speaking, Alr. Pippet was acting as a middle-man between the ear ties, and it was his duty fairly to disclose to each their relative situ ation ; but instead of doing so, he withheld the name of his prin. viral from the plaintiff's, and did not inform the defendants that he was selling merely in the character of a broker. Ilis bought aad sold notes did not correspond. In the one, the plaintiffs were to be paid prompt in two months ; and, in the other, the defendants were to pay ready money on delivery. Whether a man carrying on bu. &mess as a sworn broker should be allowed so to deal, was a matter with which the Juty and his Lordship hail nothing to do ; but sitting in the situation in which his Lordship did, he felt it his duty to remark upon, and express his disapprobation of, such conduct. The question was, whether, as between these parties, the defendants were liable to pay for the sugars a second time. They had paid the broker in ready money, and had dealt with him as a principal, and it seemed to hint that there was no pretence for holding them liable. Upon this intimation of his Lordship's opinion, The A u T 0 R 31 Ett-Gxx E A A L elected to be nonsuited. Plaintiffs nonsuited. DEVIS ♦ND OTHERS V. TURNBULL AND ANOTHER. Thi% nu an action by the assignees of J. Richards and fleas, bankrupts, to recover from the defendants a sum of 111101. received by them to the use of the bankrupts. Mr. CAMPBELL and Mr. MART were for the plaintiffs, and Mr. M AAAAA Tr for the defendants. it appeared that persons trading at Gibraltar, under the firm of Johnson and Gratiano, owed the bankrupts a considerable sum of money, and one of the latter went to Gibraltar and obtained bills of exchange to the amount of the debt. These bills were deposited with a person named lielfe, for the bankrupts account, with direc tions to transmit the proceeds to London. Ilelfe had dealings with the defend.sats, who carried on business at Gibraltar, and they (as was alleged) prevailed on him to go to America, leaving in their hands woe of the bills of exchange, amounting to SOU The qua. lion in the cause was, whether this bill had been deposited with the defendants for the purpose of transmitting the proceeds to the bankrupts, or was a discount transaction between them and Relfe. . . The examination of Relic, on interrogatories, was put in and read, from which it appeared that the bill had been handed to the defendants with full knowledge that the bankrupts were entitled to the proceeds. 111 r. MallrAT, upon this state of facts, yielded to a verdict. Verdict forrhe plaintiff's. Damages—.so4l/., without interest. CHARLETOX cotEswonvu. This was an action brought by a eornmander of the Oporto packet, against the owner of the vessel, his employer, to recover a sum of money as primage (or per centavo upon the amount of the height. No agreement had been made between the plaintiff and defendant as to this allowance, and the plaintiff had never made any such charge until he rendered his third account, upon his being deprived of the command of the vessel ; and the claim was now set up upon the ground of the general usage of the trade au thorising such an allowance to Captains of merchant vessels in that tra de . Several witnesses were examined upon this point of usage, and the Jury, after having feint! from the bent for about two hours, returned a verdict tOr the plaintiff: Damages-161. The Magistrates have unanitnously rewired to apply fur the removal of the Insurrection Act from that part of the county Clare under its enactment.—Li , ,ici ick C4runicie. .... - ...,, :• '" 7 t• ;11 PRESS. OLD BAILzr, Jas. IS. CEIARIVr' 3IURDER. Thomas Cooderlions (who surrendered to his ball) stood indicted for the wilfhl murder of Rlisebeilshis wife, and also upon the Co toner's Inquest for manslaughter. Mr. ALLEY stated the ease to the Jury, and expressed strong doubts of bis being able to tiring home the capital charge against the prisoner. John Hamilton sworn---I sin a surgeon, and reside at Hayes, in Middlesex. On the 2Ptb of November I was called to see the psi. sonces wife. I attended her till she died. From my examination I found no appearances to indicate that her death had been caused by external violence. Her death was occasioned by the conse quences arising from a ntirearnage. If blows had been given on the 14th of the same month which had produced the miscarriage, some appearances of them must hays remained, in my opinion, at the dine of her death ; but I cannot speak positively as to that. Mr. Grimstone, soothe, sargeon, said that he had attended the deemed several times at her accouebement, and she was subject, from natural weakness,...to greet danger. He saw no injury on the body occasioned by suAlcient violence to cause her death, nor could he say that miscarriage had been caused by violence. Mr. Justice Gast:LEE said, in his opinion there was not evi dence to go to the Jury, bemuse it was not proved that the blows e.ven by the prisoner on the 14th had caused the miscarriage, which terminated the existence of the deceased. He directed an acquittal. MANSLAUGHTER. Josh. Eldred, aged 3i, farrier, was charged on the Coroner's In-' quest with killing and slaying Ann Eldred, his wife. Two objections were taken to the form o f Inquisition, by Mr. BRODERtc it, which were overruled. Sarah, wife of John llollet, resides in Glasshouse Fields, Step ney, next door to the prisoner. On Monday, the Nth of Novem. her, witness was called upon by the prisoner at eight o'clock in the ever.ing to the assistance of his wife; she was dressed, lying on the bed very ill. IVitoco ashed her, in the prisoner's presence, what was the matter? She replied—" I am very dl." Witness asked her (knowing her delicate situation) what caused her illness, and if she had been lifting my thing ? She replied—" I put my. myself in a passion owisg to my husband's stopping out, and when he came in at the door I flew at him." IFitness told her she ought not to have put herself L a pasriou, as it was very dangerous, and then 8101 t the prisoner the a imegeon. The deceased, after being put to bed, called the prisoner, end said to him, " I am growing worse, be kind lousy children, as I aro going to a place from whence I shall not return." (The prisoner, who was respectably attired 0 black, bunt into tears.) The deceased repeatedly said, ` (iod for give us both, for one is sr bad as the other. " Cross-examined by Ills. AwnitEws.—The deceased said—" I and my husband have had a few words., and I am more to blame than he is." lllr. John Conquest, surgeon, saw the deceased after death he described the appearances as most dangerous. Lacendso and swelling had been occasioned by the injury; a kick, in his opinion, was likely to haw produced the appearances. The injury certainly appeared to have arisen from external violence. There were unequivocal evidences of external mischief. He certainly be lieved from the appearances, that her death was caused by the loss of a large quantity of blood. Ile did not feel himself justified in giving an opinion as to the muse of bey death. Mr. Justice GasELEE—You must give your opinion • you must say what, in your judgment, us a medical man, caused her death. Witness—A blow or kick might have caused the external injury. Crag-examined by I'k. Awwnrws—The injury might have been caused by the deceased falling against a fender, or corner of a staircase, or something which projected. He remembered a female falling against a scraper receiving a similar injury. By blr. Justice GABE e.—The rupture of a blood-vessel might have produced all the appearances of extravasated blood in the parts ; but a wound or injury caused the escape of the blood. Mr. Samuel A rknesa, surgeon, attended the wife of the prisoner en the evening of the 29th of November. Blood was escaping very fiat. She was advanced in pregnancy seven months. The parts were filled with blood. She aas in great danger, and he told her tie; but supposing, U he did, that the cause was connected with pregnancy only, he did not despair of her recovery. He saw her next day at levee o'clock, and she was very much relieved, and ap peared titcn in perfect safety. She died on Wednesday evening, the Ist of December. He saw the body after death, and described the laceration and swelling. Las of blood caused be, death, which *semi have been produced by external injury, accidental or otherwise. Cross-examined by Mr. A NDRE ws.—Has known such injury to arise from accidenta l souses. The deceased, on one occasion, told him '• that it aro s e from the violence of her passion." Reexamined by Mr. A sTnarws—She did not say anything about any violence being used, bet said " passion" only. Mr. ALLEY said that he had not evidence to curry the case further ; unless his Leetiship thought that he had proved the de. ceased to be so much aware of her danger as to give evidence of her declarations shortly before her decease. Mr. Justice G•sti.ts said, the evidence of the surgeon proved that she was "in a suite pf safety" when he left her on the Tues., day, and the declarations could sot be received. Mr. ANDREWS submitted that there was not a case to go to th& jury. Mr. Justice Ositstakkild.llswilias no positive proof of's blow or kick being given /0, the psiolsots and be tkeught the evidence too weak to support a COlifilitien. The Jury I% turned a verdict of Not Guilty. Patrick Crateku, aged 17 years, was capitally indicted for break. ing into the dwelling.honse of Jeremiah Squires, a plumber and glazier, in Arch-street, Limebouse, on Saturday night, the title inst. and stealing therein lead, itc. value 28e. The prisoner was taken into custody soon after the burglary was effected, by Rider , an officer, with the stolen property in his possession. There was another person at the time in company with the prisoner, who el. Tested his escape.—Guilty—Deuth. SHOCKING DISTRESS. Elizabeth Ilavehm a married woman, aged 32 years, was capi. tally indicted for breaking and entering the dwelling-house of John !lazell, in the pariah of St. Luke's, Old -street, and stealing therein a coat, two pair of trowsers, and a handkerchief, his property. A female who cohabits with the prosecutor, deposed to her leaving the house in which the prisoner lodged, at five o'clock in the evening, and on her return at eight. she found the apartments, in which she left the property, broken into. The handkerchief was found on the person of the prisoner, and the duplicate of part of the remainder of the property. It was proved by the Pollee Officer who apprehended the pri soner, that she was in a moat pitiable condition when he took her into custody ; site had four little children, who, with herself, were half famished and almost in a state of nudity • there was no bed to lie upon, or even stool for the women or ChM/en to sit upon. The infants were huddled round the expiring embers in a grate, and he never witnessed such a scene of human misery in his life. He dis covered, upon inquiry, that the poor wozusn had been neglected by her husband, and that for some time herself and children had been for days without food. The Jury found her guilty of the larceny only, and strongly re commended her to mercy. The Court said the recommendation should be attended to. David Cooper, bricklayer, in the employ of Mr. Lee, a builder, at the B'hittington Alms Houses, lately erected at Islington, be.. longing to the Incurs' Company, stood capitally indicted for stealing two 101. Bank of England notes, his property. The prosecutor left the notes in his spectacle cue, in a drawer, in an apartment at one of the alms houses, to which the prisoner had access. Ile missed the property on the 7th of November, and shortly afterwards the prisoner was apprehended. It was proved that he uttered one of the notes at a wine vaults in Blackfrisrs-road, and then gave his name Jones. The other note he passed In Tottenham-court-road, on the 3d of December, in the name of Cox. The evidence wu decisive of the guilt of the accused, and he wu found Guilty. Aged 28 years. NEW COURT. [Be net the CO]IMON SERGEANT.] Letwrettee Cawykell, a yonng man of respectable appearance, wait Indicted foe stealing, on the sth of September, a landaulet, value 120 guineas, the property of John blesser. Mr. Messer, a coachtuaker, of No. 9, Margsret-street, Caren dish.square, said, that on the 4th September the prisoner came to his factory, and said he wanted a carriage for a fortnight ; witness showed him several, when he hired the one in question for two weeks certain, at W. per week ; be said that he lived at Croydon, and that he was the son of General Campbell, and nephew of the Duke of Argyll; he said he formerly lodged at Mrs. White's, in Margaret-strtet ; witness called on Mrs. White to inquire; she said the prisoner had lodged there, and paid his rent. Whil e the witness was at Mrs. White's, the prisoner caide in, and they left the house together. Witness inquired what he was going to do with the carriage ? He said he was going to Kent, and intended to treat sonic ladies. Witness inquired if he had the means ? He said he had seven hundred pounds. and witness advised him not to spend his money foolishly. The following day the carriage was taken away by post horses, but was not returned at the appointed time. Witness Inquired at several places in the country, and at length traced it to Mr. Dixon's Repository, Barbican. Cross-examined by Mr. Piiii.firs—Witness heard the prisoner was the son of (den. Campbell, and from what he has since heard, he has no doubt he is the person lie represented himself. Thomas Seam, an assistant to Mr. Dixon, said the prisoner called at the Repository, and wished Mr. Dixon to advance some money on a landaulet ; witness said he could not advance any with. out seeing the carriage; the prisoner said it was at Sadler's, and the witness sent a horse and brought it to the Repository • the witness then advanced 3 It on the carriage, and prisoner gave his receipt fat the money in the name of " Lawrence Campbell." The prisoner produced a letter as an authority for the sale, and it was marked in the book for the price of 100 guineas. Mr. PHILLITA questioned the witness respecting their manner of doing business, and whether they did not make inquiries when they received carriages in pledge i The witness gave no satis factory answer, but said they were in the habit of receiving a great many carriages. The letter, which was put in and read, purported to have been written by a Mr. l'age, of Eltharn, addressed to the prisoner, and directing the prisoner to raise mone y on th e carriage, which he de scribed as his property. The prisoner, in his defence, admitted having engaged the car riage for the fortnight, and it he kept it longer than that period, it was for no design of fraud ; he hired the carriage for a person named Page. who resided at Eltham ; when he got down there he found he was not at home; he returned to town, met Mr. Page, who said he did not want the carriage, and that he might raise some money on it. and gave him the letter, to obtain the money with more facility. Mr. Rut, a clerk to Mr. Wright, a solicitor, said the prisoner was the son of General Campbell, ma be had represented himselfto Mr. Messer. 3lr. Wright is concerned foe the family, In a faintly Chancery suit, brought by the prisoner, against the General's se . coed wife, who is now at the Cape, to obtain an amount of the pea perty ; if the prisoner succeeded in the suit he wash: be entitled to considerable property. Witness has known hire two years and a halt; and had no reason to think bad of him. Deis about 18 years of age. The COMMON SERGEANT said, he was afraid the letter pur. porting to have been writuni by 14r. Page made the cue worse ; no one knew whether or not he lived in Eltham, snd it was impos sible to say that it was not a forgery ; he was thetefore of opinion that it made the fraudulent intention more clear. If he intended to pay for it for the time he kept it over the fortnight, the pawning it with an intention of redeeming it could not Ammon to fraud; but whether he did or did not intend to redeem it, and return it to Mr. Blesser, remained fur the Jury to try. The Jury consulted together a few minutes, when one of them inquired if they were of opinion that the prisoner hired the carriage, and although he pledged it be intended to return it, they were to consider him guilty ? The COMMON SERGEANT put it in both war. whether he had hired it for a fortnight certain, and at the expiratien of the time he was to become the purchaser ? Secondly, whether, when he hired it of Mr. Messer, lie took it with a felonious intent of converting it so his own use, and carried that intention into execution, by pledg ing it at Dixon's Repository? After a long consultation, a Juror wished to know whether, when the prisoner went to Dixon's Repository and raised mo ney upon the carriage, they must of necessity find him guilty of felony ? The Costatow SERGEANT said, that the letter, purporting to come from Mr. Page, seemed to militate against the good intentions of the prisoner—for when a person went to pledge en article, he got as much as be could upon it. The Jury retired to consider of their verdict, and after being out about half an hour, the C'osestos SERGEANT sent for them, and said, the only distinct question they had to decide upon was, whe ther, when the prisoner obtained the carriage on hire, he intended to dispose of it, and deprive Mr. Messer of the property ? The Jury again consulted together about an hour trod a half, and found the prisoner Greilty. The Prosecutor recommended him to mercy, In which recom mendation the Jury concurred. The COMMON SERGEANT sentenced the prisoner to three months imprisonment, and during that period to hard labour. MIDDLESEX SESSIONS, JAN.I.S. The'following proclamation was made in Court this morning : Percy, Bishop of Clogher. John 31overly, come forth and sur render yourself to the sheriff of the County of Middlesex by the octave of St. Hilary next, or you will be outlawed. Mary Mailings, Richard Milverans, and Mary Palings", were severally convicted of uttering counterfeit half-crowns, and sentenced to six months' imprisonment. The prisoners all pleaded guilty, by which IMMO they saved six months' imprisonment. POLICE. BOW-STREET. On Saturday evening a well-dressed young man of the Jewish persuasion, named Somnel Beloteo, brother of the pugilists of that name, was brought before Mr. DI 'want:LT., charged on suspi. coon of committing a robbery upon the person of Mt. James COX. head, a professor of music, in the pit avenue of Covent-garden Theatre. The prisoner was fully committed for trial at the Old Bailey. While this case was being heard, an elderly gentleman, a foreigner, complained that he had just been robbed of his watch, and a purse, containing thirty soyereitms, in the pit avenue of the sante theatre. lie was going in with his friend, when one man pressed against his stomach, while two others pushed him from behind. When thus hemmed in, his hat was nearly knocked off; aid he raised his hands to protest it. Ile had scarcely got into the theatre when he found that his pockets *ere completely empty. In the course of the evening another Gentleman complained of being robbed at the same place. Robes, Collins, a simple-looking youth, was brought on a war. rant, charged by Major-General Alexander Dyes, of Abbott's Langley House, Herts, with stealing a suit of livery, a livery great coat, and a hat, the, property of the General. General Dye. stated, that the prisoner had been his footman about nine months. There was a stipulation that he should have a suit of livery, hat, &c. every six months, and that the old suits were mire Ins perquisite. He had a new suit three months ago, and on Wednesday (we understood, but the General spoke in an extremely low tone of voice) he left the house at six in the morn. in, without arty previous warning, taking his livery with him. The prisoner wept occasionally, and when asked what lie had to say, declared that he thought the things were his perquisite, or lie should not have taken them. Mr. M rwsitt:r.L said it was not very unlikely that be had taken them under such an impression. but he should be informed that he was quite wrong, and that he was as much guilty of stealing as if he had taken way Mtn kindid ptyperty. The pdrionald he Ina ftd sorry - for having done such a thing. and be hoped the General would forgive him. The prisoner's brother offered to resters all things to the General. Mr. Altxsstvt.t ordered the prisoner to be taken out, and then put it to General Ovee whether he intended to prosecute or not ? The General replied in the affirmative. Mr. M Nano r. said there could be little doubt that the prisoner bad acted under a mistaken notion of right, and, perhaps, the warn ing and fright would be a sufficient punishment to him. Gleneral l)yce said he should prosecute, unless Mr. Illinahull could punish him summarily. Mr. 3I txsitc T. I. said he had no power to punish him, unless by remanding him for a few days, and that he was unwilling to de. Ile was always anxious to avoid sending a man to prison if he pos sibly could. It contaminated him in some degree for the rest of his life, and sometimes deprived him of the power of earning his bread honestly ever after. Perhaps the General would make up his mind by the evening (this examination took place in the morning.) The General wished to hare a longer time, and Tuesday next was at length agreed upon, General Gyee observing that he sup posed the prisoner would be confined in the mean time. Smith suggested that the prisoner :could be sent to a watch. house, as being preferable to ajail, until Tuesday. Mr. MINSIIUL L ordered him to be conveyed to a watch-house, and having previously directed the livery hat to be taken from him, he now said, that, perhaps, the General would allow him to wear it through the streets, as he had no other here. General Dyee—Yes, but understand, I do not make him a pee. sent of it. The iiiisocer was then taken away. HATTON:GARDEN. lirsotwtirws' AssitattEs Youxas--Jeart Gafrife appeared upon a summons, to answer the complaint of Dominichine soli, for unlawfully obtaining an organ (his property), which bit valued at eighteen guineas. The office was crowded to excess with Italians, anxious to hear the decision on a question which was not only interesting to them, but to trades-people in general. Several interpreters attended; but, like many great commentators, they rather increased the obscurity of the subject. At length Mr. Smith, solicitor, of Golden-square, came forward, and explained to the Magistrates the circumstances out of which the present case originated. He stated that about eight months ago an Italian, named Moguls, an extensive organ-builder, applied for the benefit of the Insoit'ent Debtors' Act; but on the hearing of his petition, he (Mr. Smith) was employed to oppose him, on the ground that a few days before he went into prison he made a nominal sale of most of his property to complainant, thereby giving, at all events, an undue preference, in consequence of which the Court sentenced him to six months imprisonment. The defendant was appointed assignee; and on searching after the pro. perty which had been fraudulently made away with, he found the organ in question, in the possession of a third party, which he de tained, that he might convert the sale of it to the benefit of the creditors at large. The complainant, however, claimed it, on the ground that tie had paid for it in the regular bona fi de dealing ; and that the detention of it under such circumstances amounted almost to felony. The Magistrates, however, took a different view of the case. Tbey concaved that, under such circumstances, an assignee acting for the general interests of the creditors, could not be supposed as endeavouring to convert the property . to his own private advantage, and that he was authorized in resisting the claim, until that claim be legally established, which could only be done by an action at law. Mr. Smith, in corroboration of the Magistrate's decision, further stated, that complainant, a few days ago, applied to Sir R. Thuile for a searth.warrant under the present circumstances, which, how. ever, Sir Richard refused to grant. The case was accordingly dismissed. THAMES OFFICE. EXTRAORDINARY ROBBEIIY.—JOA• Berrien, • clothier in Rosemary-lane, was on Sa.unlay lut placed a; the bar, before THOMAS BICKNELL, Esq. the residing Magistrate, to answer a charge of felony, under the following singular circumstances : John llaynou, a _youth about 16 years of age, being sworn, de posed as follows :—I am an apprentice to Captain John Nicnoll, Master of the Aurora, of Waterford, lying at the Dundee Wharf. On the Sunday before Christmas Day, f obtained lave to go to the Vest India Dock, to see a schoolfellow, and about twelve o'clock at noon, as I was passing down on the right-hand side of the street, leading from the Minories through Rag Fair, I was accosted by the prisoner, and another person stand ing with him, at a shop door, and the prisoner slid to me, " Shipmate, I want to speak to you." I asked him what he wanted y he replied " Come here." I went up to the door, and the prisoner and the person standing with him retreated into the shop, and the instant 1 entered, the shop door was closed, and I found myself in total darkness ; the prisoner then took hold of my shoulders and forced ma into a back room ; at that time the other person was barring the shop door; after be had so done, he returned to the room in which I was, and the prisoner said to me, " strip ;'' ',refused ; they then forced off my jacket and waistcoat ; afterwards threw me down on my back and took off my trowsess ; the prisoner then fetched me a canvas frock, an old waistcoat, and a pair of duck trowsers, which I was desired to put on.; the prisoner pointed to some steps, leading from the room in which I was, into • cellar, and desired the to go down ; a Map door was let down and fastened over nie, and I was kept then without food till dark at night, when I was called up and put out of the house. I walked about the remainder of the night, and on the following morning went on board the IVatc:lco, East Indiamas, and told the mate ,••• • ~~ what had happened. and sent to my captain to let him know 1 waft. The value of coy clothes WAS 21. 3s. I Id, and what 1 now ars worth about 7a. lam quite certain the ptilatoer IS One of the party who treated me In the way I have described. The Mate of the ship gave the boy a character for good veracity. The parties were bound over to prosecute, and the prisoner fay committed to Newgate for vial. TOWN-HA LL. A BATTLE IN THE BOUTtt.—On Saturday a branch of Noii. lity, and half-pay Captain of Yusileers, " a marvellous pro m man," whose name, for the honour of the cloth, we conceal, s m , brought, vi et Geniis, before the Magistrate, with his left eve is mourning, at the proper snit of his maftrexse d'lodel, residing so tN . where within a degree of St. George's-fields, who, with a cov z , tenance exhibiting some fine specimens of miniature rainbows. ta plained to the effect that the man of war had taken up his quarters with her during the last six months, and was far from offensive till lately, when he came home late, laid siege to her respect lodgers, whose garrisons she attempted to relieve, but was b tu back upon her reinforcements, who, suddenly advancing, (e ke d the besiegers from his trenches, and made Min prisoner—in* action she was precipitated from the battlements, &dies down two flights of stairs. The prisoner met the charge, and admitted, with the frankness If a soldier, that in these " piping times of peace," he had " no ft. light to pass away his hours," but in the service of Bacillus al the ladies—it was Christmas time beside, and being high in upon receiving a volley of candlesticks, in the attempt to raise is siege lie had directed a cross-lire upon his adversary. An aid-tie-camp of the prosecutrtx spoke to her discomfiture, gi the worth of the garrison. The Magistrate inquired to what corps the garrison belong-i and was answered, part to a German body of foot, on fonig: t se . ; vice, the other to a division of the forlorn hope—but they irm " nice" detachment. . Judgment was about to be given, when the proseeun:x beep/ the prisoner might be allowed to march out with the :mount! war, on paying the expenses of the campaign, when Reeves, ote Marshalman, was deputed to see the indemnity paid, and thel are t placed in slang quo ante kitting. SUPPOSED I.VP.4I'TICIDN. On Friday evening, an inquest was holden in the hoard-room r the work-house, Upper Liberty of St. Andrew's Parish, Hol m before Tuomes Srlattno, Esq. Coroner for MieWiw., or body of a male infant, found iu a heap of night soli. at tie mines of Mr. Burge, the dust convector, Mount Pleasant, ot, tri preceding morning. ' It appeared front the evidence of Mr. Burge's men, that on We , nesday evening they had been collecting dust in Buckridge.str,x, St. Giles's and were employed to cleanse out a water-closet e the house, :No. 27, (a common lodging house', but in so doe• they had taken no particular notice of any substance In the sr:, which they deposited as usual in their employer's dust-yard, whe„ on the following morning, the infant was discovered. They, has ever, could not say with any certainty, whether it was brou rz there in the cart by them, or whether it had not been thrown -n the dirt-heap since, by some other person. Dr. Fernandez, the parochial surge,m, stated, that lie hal secs the body of the deceased, but from the advanced state of decamp• sitiow which had taken place, it wee totally impossible to mac any examination further than ascertaining the sex. which was.: the male kind, and appeared to be somewhere about five weeks d. The CORONE/ observed, that from the equivocal opinion Om by the dustmen, as to the finding of the body, the Jury could re serve at any certain conclusion as to the place front whence it vie brought; if that point could have been distinctly proved, fun* evidence might justly be detnemled to show in what way tt came to be deposited in such a place as that described and, indeg, it was to be team& that too many infants met death in a simta manner, from their unnatural mothers being unwilling to erne, themselves to the obloquy attaching to their situation. All the the Jury could do, under those circumstances, was to return aver diet as to the finding of the body. without at all alluding to t:t cause. A verdict to that effect was recorded. UNIVERSITY INTELLIGENCE. OXFORD, JAI:VANS 15. The Registrar has lamed a notice, requestirg that all perara who require a Chancellor's letter for degrees, or any other In. demlcal dispensation, will apply to hitt at least three days r e. viowly to the Convocation, at which such letters arc to p 1 es roed. pos terday the following degrees were conferred : MASTIRS or Aars--Robert Holberion, Exeter Collfte; William Kaye Hett, Lincoln College t John William Goodde, Queen's College ; James Edwards. Magdalen College ; Jera Alington, Magdalen College ; James Linton, Magdalen G• lege ; Charles John Meredith, Magdalen College ; 1% illiam Ile. rison, Christ Church ; Thomas Horne, Christ Church Germon, Oriel College. &sun E Loos or Ants—Arthur Farewell, Exeter eollelei Henry Browne, Lincoln College ; George Windus Wont/hours, St. Mary Hall ; Robert Hussey, Christ Church ; Richard Esther, Brumes. College Henry Barrow Chinn, Brasenese College; John Smalluan Masters, Jesus College. At an Ordination held by the Bishop of Worcester, in the chapel at Haflebwry Castle, on Thursday, the 6th instant, being Epiphany Day, the following Gentlemen were ordained : Dt•cos:s—C'harles Edward Caries, B.A. Catherine Hall, Can. bridge ; William John timithwick, 11. A. Oriel College, Oxford; Jacob Macdonald, 5.C.1., hiagelalen Hall, Oaford. Palest . s—Joseph Amplileet. B.A. Trinity College, ford; Ox Thomas Price, 8.A., Wadham College, Oxford ; Charles Hubert Parker, B.A. Wadham College, Oxford. Friday sennight the Bishop of Dromore held an Ordination at the Cathedral Church of that diocese, when the Rev. John Evans Lewis, A. 31., and the Rev. Edmund Nucent. recumt Priests' Orders ; and William Young, A. 8. , Damns Orders. SPORTING INTELLIGENCE. HUNTING APPOINTMENTS. The Brighton harriers will throw dr on Monday at Patchat, Wednesday near the Race Course, and Friday on Devil's Dyke. Lord Anson'. hounds meet this day at Mereyale, tomorrow at Odstone, Friday at Seale Wood, and Satuaday at Lindley. Sir Bellingham Graham's hounds to-morrow at the Fos, Wed. nesday at Shawbury Gate, Friday at Twemlows, and Saturday s: Neschfte. The East Essex fox-hounds this day at Heckfurd Bridp. Thursday at Bower Hall, and Illonday at Pebniansh Street. The Cottegmere hounds this day at Tolthorpc Oaks, tcrtnua row at Brook Hall, Thursday at Castle By tham, and Friday s: Barleythorpe. Earl Fitzwilliam's hounds to-morrow at Mucklanda, and Thurs da at Sawtry Gorse. Lord Yarborough 's hounds on Wednesday at Booby Wad, Fe day at Hairston House, and Saturday at Little Limber Lodge. The South Weld subscription hounds tomorrow at Tim-. . bleby, Thursday at Holme Wood, and Saturday at South How Bar. The Chester harriers to-morrow at Kennel-door, and MOO a: Guilden Sutton. _ . Sir Thomas Stanley's hounds to-morrow at Bootee Putt. The Cheshire hounds on Wednesday at Burleytiens, Thorlds! at Cholmondele, and saturdav at Wrenbt‘ry. The Earl of Scarborough's foa-hounds this day at °abettor House, on Wednesday at :Battersea Bridge, anal on Friday a Grove. Sir Richard Sutton's fox-hounds will meet this day at Sat. ilby, on Wednesday at NVragby, on Thursday at Half-way Hausa Newark Road, and on Saturday at Branston Wood. The Somerset subscription fox-hounds to-morrow at KingsclifL and on Friday at Dainsborough, near Storey. Sir Jacob Astley's fox-hounds this day at Guise Bridge, and Wednesday at lVendling Church. Mr. Dewing's hounds will meet on Wednesday at Renshaw4 to run a doe, and Friday at Hindringham Field House. The Badsworth fox-hounds to-morrow at Marr village, OA Thursday at Fenwick village, and on Saturday at Suleaton Maga MARRIED. At Gibraltar, on the 22d ult. Mr. H. H. Munloch, to 3liss Tapp. On the 11th inst. at Swittenham Church, :Michael Warren, Esq. of Sanford's-court, in the County of Kilkenny, Ireland, to Saul: Eaton, only daughter of Millington Eaton Swittenham, LK. e. Swittenham HaU, Cheshire. On the 15th inst. at Edmonton, John Louis Lenitn, Esq. e ►ntwerp, to Elizabeth Emma, youngest daughter of Witham Hammond, Eeq., of Southgate. At Vowchurcb, Herefordshire, the Rey. Magna Joao, to Em meline, second daughter of W. Wood, Esq., of the Whitehous, in that county. DIED. On the fith inst. at Pradoe,l;opaltire, Miss Kenyon, t 4 r daughter of the lion. Thomas Kenyon, aged 15. On the 10th inst. at Cheltenham, John Shakespeare, Esq. age , ' 73 years. On Friday, at his house in Finsbury-square, John Henry Hecker, Esq. in his 77th year. On the 11th inst. Mr. William Stevenson, steward to the Earl of Darnley. On the 12th inst. in Bedford-row, Peter John Paul, Esq. On Saturday morning, at Southampton, at a very advanced see. Mr. John (.Irdlcr, shoemaker. The deceased was a man of veil penurious habits. He has left upwards of 1,0001. in rarities sem , rides, which he had earned by his own hands in cobling shoes. On Sunday se'nnight, at Norton, near Mansfield, Thomas Jcp• son and Thomas liodgkinson. It is remarkable that these two young men had the same christian-nams, of the same age (23). lived beneath the same roof, their diseases the same (consumption'. and commenced about the same period—they alternately visite.. each other in their ill•esa—death terminated their sufferings with !! an hour of each other, and thei r re m a ins w ere consigned to in , " silent bed" together. At Brighton. aged 84, Mrs. Rawson, mother of hely Adams . On the 15th inst. at Grosvenor-place, Georgina, daughter John King, Esq. HIGH WATER THIS DAY AT LONDON ISRIDGE. Morning 43 min. after 13. Afternoon lU mat. atitir 1. Printed at TII E BRITISH PREEN Office, by J. W. Caattom. ;trend, and published by R. Oa sox, same place. tallb ;