The Sun. — London, England, 1812-11-03 00:00:00

, • Ik6iro ii title t l l4 harii:rept aria ene defend 4tit, aria 118 'contemplation of bankruptcy on the part of th,e. defendant . . Lord ar;EkitOttotroli.-There need be riOne ;. and there iS nO urgency proved here on.the of the defendant. On t.ie contrary, -he objected to receive the ,three India bonds of 500/. each, which were intended-as the portions of his sisters, alleging, that it would be hettei - to settle that business with the ladies themselves, and that - they ' Would i n the mean, time be as safe in the b an k • rupt's iron chest as with the defendant ; for it Was the, bankrupt -whO had always acted as their father'B executor. • • The SOLICITOR-GENERAL 16s deprived of the ividence of tite bankrupt him se lf, w h o h a d not obeyed hi s subpoena ; and left the question to the 0- ury,.whether it was the harikrupt, or the de fendant, who had urged the settlement of the account. Lord ELLENBOROUCii said, however fraudn lefitly the bankrupt had been proved to have ob tained the money with which he made 'the pay inents in queStion, still tile property was in the Assignees under his commission of bankruptcy, 'unless had, previously to the . act of bank aup;cy, been fairly and legally parted with, by the bankrupt. Of the contemplation of bankruptcy in this instance, there:could be no doubt---hiS purchase of the doubloons on'the 2d,—his taking a-place in the Exeter Mail, .by the name of Wallis, on • th e 4th of December, &c. clearly proved that be bad intended to withdraw himself from his cre ditors, as early as that first time. As to the bonds, when the bankrupt handed theta over to ..the defendant, it was merely transferring them from his right hand to his left ; for both the bro thers being executors, they would still have been in the hands of the executorship, 'and the :tody of these 'the defendanttrepelled. .As to the account between the brothers, it was for the Jnry to say, whether - that was not rather a voluntary payment of balance, urged on the, defendant by.-the intended bankrupt, Who wished to rescue those he loved best, from that ruin into which he was sinking. If this were not so held, there was ari end of the bank upt laws ; and any debtor might on the eve of bank ruptcy, dole away all his effects to a few favoured Creditors, leaving the assiz,nees not enough to pay - the expenses of working out the commission. • The Jury foUnd their verdict for the plaintiffs, for 27251. 2s. Jd. giving the interest on the bonds, from , the time of their demand and conversion . , With power to reduce the sum, upon delivery of *h. bond, themselves, on which more than a year's interest was due. SAME V. SAMUEL FRY. This was an action brought againsfa customer bf Mr. Walsh's, residing at Plymouth-Dock, to recoeer the sum of 632/. which the bankrupt's clerk", Mr. Auricle, jun. had remitted to the de fendant, out of another of Sir Thomas Plumf.:es 1 000/. notes; also, on the sth of December, by th e bankrupt's direction. The defendant's stock was sold out by the bankrupt, in the cdurse of his bUsiness as a stoCk-broker, on the 2d of Decem ber; viz, ,J Navy, ;tvhich produced the sum , remitted in 3 Bank notes, ittiims 2s. 2d. which the defendant in; his latter, acknowledging the receipt of the money, promised to convey to Mr. Walsh. The SOLTCITOR-GEYERAL, for the defendant, Contended that this remittance was made in the usual course of the bankrupt's business, on ac count on money received for the defendant after contemplation of bankruptcy, and that the bank . tupt was not hound to transmit to the defendant the identical money which he received from the Sale of the stock.' These were not cases of hard- Clip upon the Assignees, or the general creditors, for the money they sought to wrest front these de fendants Ind divide, really belonged to a ,very learned friend of his, and not to the creditors at large, or the estate of the bankrupt. Lord ELLENBOROUGH said, it rested with the fury to say, whether this was a payment in the usual course of business, or whether it ,did,not proceed from the' bankrupt's anxiety to put the luoney out of his hands before be should leave the Country. It had been proved by the bankrupt's clerk, that upon a former occasion, Stock 'of the defendant's which had been sold out on the - 23c1 'of. November, was not remitted for'by the. bank rupt till the 28th ; but the witne - s believed that 41 notice must have been sent to the defendant of the sale between those times., •In point of fact, it Wa s always customary With Stock-brokers to semi. Immediate notice to their customers of the very Lour at which their Stock was sold ; but in the Present case no letter WaS sent to the defendanttill the - morning of the bankrupt's absconding, and then the tricylev was procured by breaking one of Sir Thomas Plumer's Bank notes. If the jury were of opinion that this transaction was quite in the-usual course of trade, and not a voluntary and Partial, payment in contemplation of bankrupty, they would find for the defendant. The Jury found for the plaintiffs —damages 63.2/. • SAME V. STOCQUELEE. This action sought to recover the sum of 4501. Paid by the b an k rupt t o t h e d e f en d ant, b y A check on Messrs. Robarts, on the morning of the sth of December, on a running account between the Parties. • To prove the defendant's urgency on this occa sion, the SOL ICITOR-GENERAL read two letters From the bankrupt to the defendant, in answer to letters of the defendant, which were not pro duced. They wer,e dated on the 30th of October, 4 lid .13th of November, and were full of excuses for not paying the defendant ; the latter inclosed Lira a draft for 1001. begging him not to present it till the next day, for the credit of the bankrupt's , banker's account. From these the Solicitor-Ge beral would have inferred urgency on the part pf The defendant ; but Lord ELLENtOROiIGH asked for letters of a later (late ; and left the question with the Jury, whe ther this payment was made under the influence of the old importunities, or under any immediate terror of the defendant's arresting the bankrnpt. If the letters had been dated on the 4th of De cember, the case would have seen different. Verdict fur the plaintiff's—damages 4501. The Life Guards, although embarked on their *rrival at Portsmouth, aye still at: stokes say, coad do not expect to sail till next month. BPORTMG- TNTELLIGENCE. MONDAY AFTtlt THE HOUGHTON MEI:TING. SweepstakeS of jOzs.each, foi• olds, T. Y. C. G.,1. 7; 5 • each. . C.o . oi•enor's f. by Popi n j a y, (mit of (,!openbagca'.; ,Ghtv's e. Haphazard - .Lti Lowtfier's hroiiier to Butt s erelio Eren-Gen. Gresyenors f. by Popiliay. 1). of Rutland's Bst. , 81.. b. beat Mr. ti;‘ , .!-.c , ,:a1 . t; Hydaspes,7st. 131 b - A. F.tougs , .-2 t o I ark Gri oaa thi u . A Subscription Handicap Plate of 501. for 3-yr. olds and 'op wank. Y. C. Mr. Farrall's Lady of the Lake, 3 yrs 7si. sth. Lid Foley's ch. c. 1364 kin, 3 yrs 7s;. 311). 2 8 to 1 apt Lady <Ai the Lake. Th 6 :iticlge co(utd place but 2. A SuhScription Phte df ,501. for 3-yr olds, 7st. Pb. 4-yr olds, Bst. 11th. 5-yr.olds, 9st, 3lb. 6-yr olds and zg,,q, 9st. Mb. A. F. , Ld Lowther's Dimity, 5 yrs 'Mr. Lake's Venture, 3 yrs .. 2 sto 1 agst Dimity-3 ti 1 agst Venture. The Judge could place bet 2. Mr. Goddard's Ilrightonia, Sst. 71;i. beat M.4.Eades's Acci dent, ist. tllb. It. M. sOr„s.—Even. 1 .1..4 'C. li. Boin*et's Scorpion, beat:M a j or Wilson s Juni per, 12st. eaci D. I. 2004 - s.• t. I't.-2 to lon Scorpion. Ld G. - fi. Carendish's Merrygoround, 84. :11.1). agst. Mr. I.TduY's Truffle, Bst. ,ilb. Ab. M. 300 gs. °lrby consent. NEW PARLIAMENT. SCOTCH MEMJEItS RETITRNEiI. Moray awl Elgin - (COnty).—Colonel Francis Nirtn. Grant. • • EOROUGHS. 3.75. Hidden, Bart. iinstruther, .fl,hn Austruther, Bart. Perth, B;c.—Sir D. Wedderburn, Bart. Glasgow, cc.-- - --Kiekman Findlay, Esq. Kinghorn, &c.—Major-General R. C. Ferguson. Lledburgh, Re.—General Hon. Thos. 'Maitland. ..4yr, .*c —General Campbell. CONTESTED ELECTIONS. CORK (CouNTY' , .—OCT. 29. Lord Bern3o 97a Hoii. Mr. Potisimby.,, ..331 Han. Mr. hiare se 1 Mr. Leader 113 G I,\V AY (TOWN. 28. rion. F. Ponsouby 248 Val.l3lake 3 Esq 2-13 GALWAY ( Co “ NTyj• Mr. J. Daly • 31a, Mr. Eyre 1345 Mr. D. B. Daly 1872 I TIPPERARY (Cot;Nnt).—Ocr. 28. 0)1011E1 Bagwell ' • 0 433 I Mr. Prit'.;ie ' 2010 general Natilew. 2335 " tErnum (Cat - Nty . i.---:Ocr. 2S. John Latouche, E5q....c918 I Luke White, lisq 1295 Colonel Clements ....1952 CARLOW COUNTY;.—OCT. 29,' Colonel Latouche 1 I Bagenal Mr. Bruen .5 ,- 13 • • - , • CARDIGAN BOROUGH ELECTION, ocl - 221,1812e At the fiaal close of the Poll the 15th day For the Hon. Colonel Vaughan ') , 38 • ' • Fur Mr. H. •EViIIIS :>08 Majority,for ColoO el 'Wanghan OLD UAILEY. MOND.I,Y, NOV. 2. tONTINETATION OF THE TRIAL CF THE xErtsOlca INDICTED FOR ROBBING HOTCHSGN's HOY. At nine o'elock in the Morning, Justice Tnom sox and Ls CHAURB appeared' on the Bench,with several of the Magistrates. Mr, GURNEY' and 'Mr. BOLLAND recommenced their examination of witnesses en the part . Ot the prosecution. Louisa . Uhr, Feather . -maker, in Carmen-street, ,St. George's in the East, knew . the prisoner, Cooper, who lived near her house. - She went to his house three months ago, in conseouence of a message she had received ; he shewed her some.. 'feathers, and offered to sell her' alb. at 40s. per pound-, and told her if she liked thei;i, perhaps there might be some more. They-we in an un. , . manufactured state., She i'equcsted him to wait half a-o hour, till she brought her partner,' Miss lkooinfield ; she did so; and on looking over them, they Offered him .4/. for the whole, which he re fused, saying the feathers were not his, but he would give them for Friend, the officer; here produced some of the feathers found in Norman's stable, which Miss iThrde - elared-resembled the unmanufactured fea. tilers offered to her by Cooper. She declared that 'Cooper-always said he was selling them for other people. - . James George, deposed that he was employed by Gibbs; the wine -merchant, he knew of such a man . as Mr. Green, and in last July, Gibbs em ployed the witness to carry some silk to him, which -he delivered in the same state; he re- ceived it, Cross - examined.--He said, ~that he took a package to Mr. Green's, which he examined, and it contained silk ; he-earried . the same bag silk five or six times. Mr. Gibbs employed last .witntss to carry the same silk to Mr. Green's douse, which he .liaa purchased from Cooper. Robeit Grant, 4-partner in the house of Reed, Bell, .and Co. examined the bill of lading, and de clared, that his house was to pay the duty upon the silk therein-mentioned. The silk 'never came, but the management of it was put into the hands • of his house. He sent to Mr. Arnott, one of his ,partners, requesting him to pay the duty. In con / - sequence of information concerning the'robbery, he caused Cooper to be apprehended. He- was present at the Thames Police Oiliee on the 20th of August, when Cooper was examined. Edward William Simmons, Clerk of the Thames • Police, deposed,- that the examination of Cooper, on the 20th of August, did -not appear to be taken down in the Magistrate's book. Sometimes he took the priSoners examinations on separate slips of paper, which he afterwards copied into the book ; but he did not attend himself at the Police: Office'ou the 20th of August. • Robert Grant was again called, and deposed, that be and Mr;•Gibbs were present'when Cooper • vas examined at the Thames Police - Office on the. 23d of August: Before Cooper was *examined, a conversation took . place, in• which Cooper de clared, that be never sold silk to Gibbs ; t his .was said' in the presence of -Gibbs. Raw Valencia silk, in the beginning of July last, was worth ,', 345. per pound. - I t 1 - 11 ::S _A,MIII, Lion, s h& 1- G dg 1 that at coo(:. ' F.uk. wae'rnt i ggl e 4 into the epent r y ; (1):: 'ie • 1 of y.- Had o,)cJit.ti. 1 .- .oiliey) his ,harids, :he had expe,cfpd to ut.t pot:aci-i.'cir it; for.d6 silk of that sort, tho inaiicet. • • - ,Theanas ArnOtt, one of s the `partners of Mr. (Iratitsea'ho was sent to pay the doties of the silk, which amounted in part to 454 said, that the duty,oo raw 'Valencia silk is ss. 6d. per lb. Mr. 'lltotiihs FerrOw, a silk-broker, in COrn hill, depoed, that, in July last, lie show Sam s . plc of siik to Mr. Prater ; it was Valencia raw it was left at his 'counting-house when he was,from,homesa G: Howard; the prisOner, called on hit on the 10th July, after the sample had been left. The prisoner said he had left a sample of silk sonic days befOre ; this was about 10 in the morn-, ing, and he told the witness, that he bad gtit one cwt. sveight, and afterwards said, that he had in the whole about two cwt. He'aSked 265. per lb. for it, ready money ; he said that he had refused 255. per lb for it from:Me. Ballard, of Love-lane ; the sample was left by the prisoner. He recollect ed the day distine'tly front his ,clieck-book ; that this happened on the - 10th of July. On the 14th of 'July he sheaved this sample to Mr. Prater, of Noble -street, who is aolealer in silk, and told him the price that Harris had put upon it. and re fereed bin: to Geo. Harries, as the owner of the silk. The witeAess had known George Harries for year and a half,' by reason of his brother Samuel having worked a commission in a case where the witnesa-waa ereditor ; he had known him in the character of 'elerk . to his brother. The witness, after having referred Prater to Harries as owner of the silk, saw the prisoner at his hrother's.office when his brother was present. The‘witness Men tioned tee; Harries that Mr. Prater was to take the silk at 265. pd lb. and consented to the bargain. George Harris said that it could not be delivered for two days, and it was agreed to be sent on the 1 'ith of July. The witness attended the delivery of the silk, . George Harris was pre sent, at Mr. Prater's. The silk was brought by a woman porter in corn sacks. The ii-oman brought it at twice, Alin about half an hfur. The silk-was weighed whilst Harris was there, and it amounted to 1901bs: Mr. Prater was not at home, and - Air.Codd, his clerk, Weighed it for him. The sacks in which the silk came were similar'in appearance to those delivered up by order of Cooper, •to the Officer,. The marks on the. sacks were the same. Next - mrhiling elle witness:saw Mr. Prater, and desired him to inform Mr.'George Harries, -that he re quested him: to take, away the silk, for he would have nothing to do with it. No reason was assign ed for this order. Upon this the. -witness went to George Harries, and found him- at his brother's office. He told Harries the message he had from ('rater, and informed him From - himself, that.the reason of the non-acheptanee of the silk was, that it resembled too much 'the silk that had . been stolen. This remark the witness had made the day before, both to Harries and Codd, for he had examined the silk exposed, at Union Hall, and therefore / declared that he would not he broker in any s.uch transaction. This extensive robbery •of silk made a considerable sensation in the silk, trade. Shortly after this he suns ap plied-to hOsireGrant, to learn who was his-prin cipal in this transaction with Pruter, 'about the silk. Upon this application, he went to Gectg Harries to ask his permission, and he found him with his brother Samuel. He told him that Grant' had applied to him to give up the name of his prin cipal. George 'Harries said lie hoped there would be no necessity for giving up his name, as the siik belonged to. very honourable people.-- Graat applied, again, in consequence of which be went to Geo. Harries._ This was the second time, and he went for the whole three times for permis sion ni . give up his name. On the third time he consented to give up his name, and the witness did not give up the name of George Harries till he' was taken and examined on oath at the Police Office, Atethe Office he found the two Harries's in attendance, in a piofessional way, about this business. A.s. soon as the witnesses revealed the name of George Harries, he did not know wheth er or not they continued a n y lo nger at the Office:— At that time ,Cooper and the other' persons we're undergoing examinations on a charge of being concerned in the robbery For six or eight months before that period, no raw Valencia silk had been expbsed to sale in the. market. Goff, the Officer, •put into the hands - of the' witness a hank. of silk, 'delivered .to him by Cooper's'ivife, at Horndon, and he said it exactly resembled the silk left at his sample-board by Har He said the same of s the silk which was found in the stable of Norman. Another hank was produced frdm the parcel sent to Mr. Perce a. val, which the witness said exactly resembled the silk sold to Prater by George Harries. He' exa mined some of the cut banks, which, he said, could net he done in the col - I - 1)11On course of busineaa. In hisscross-examination, lie said, thathe had been. 30 years acquainted with the, silk. trade, and knew Valencia silk well, for it appeared frequently in the market. .A great deal : of silk, however, came. to hand that came io.an irregular manner, 'some of which found its way. to market, and much of it did nat. {law .silk, in running to this coun try, might come into private individuals' hands. Harries informed him that the silk belonged to hononrable• men, from which the.witness inferred that it. belonged to other men. It would be ra ther difficult.to know silk thacliad been removed from its packages, 'There was no distinguishing mark on this silk that would make it known from other raw Valencia silk. - Eight other witnesses were examined, when the eviderce for the prosecution closed. Baron TnomesoN having called upon, the pri soneis-for. their defence, Mr. ALLEY-submitted to his Lordship that the. case of the prisoner Knox, onght not to go to the Jury.- He Observed; that all a the evidence against . him rested on the precarious veracity of accom plices, who only went, at the farthest, to provg that be hadoiarticipated in the original 'schame of robbery, which had been abandoned, and had not even been meditated within 'the jurisdiction of London. Mr. POOLE? , sbubmitted the same'plea in behalf of Ivey, which, on being briefly answered by Mr. GUENnY, was dismissed by the;Bench, and the whole ordered to go before the Jury.- as a a: S. Winter pleaded.innoc2nt, and laid that the Witriesse de.•,cr i ved uo credit ;-and he prayed for Mercy. . • . • Benjamin innoteiii, in the same words. Taylcr :mainOne:4 that he waS . cent; .and as ser t e d, ilra ErOwn was a ieprobtad char ac , and would s'•year any thing for money, .IveY ,pleaded innocent to the whole charge; and prayed 4 fO r mercy, heeause of his Wife and children. Joseph Knox pleaded innocent. Robert Cooper said he had boOght 10 . ev;:t, Of silk, which he pnrch-Csed as smuggled. kt was true he , sold Ste vens and,Gibbs• 16 - olb . s. as smua,-; died lie knew of no other: When Ile .was taken into custody he refoseihtosive as is of the person he bought it from., for fear the parties should be exchequer e d. H e was taken to.priso n ; and there Grant, the supposed o;ri!er or the came to liim and ine . nireil if he had any, inure than vt , 4at he had sm f to Stevens and 6ibbs: answered he had. Grant asked if he w;.- , .s to resign it up; and he told him as' SOel as lie had gone to the °ince he-would let him Rather than have his name accused of a felonious transaction, he gave the officer information crip.tre the remainder of the silk %vas to be had, and Mrs. Cooper accompanied Goff, and brought it to the .Thames Police. A man., as 1 • am, with two 'houses, one in Ratcliffe, and another in Picea - diliy; the first he returned MAR yearly ftr, the second 7,0001. did they think a man of his Tr: - spect•ability would be guilty' of - nurchas;ng goads kno .. wing them to be stolen 7. had stnall children of his own. He hadanOther taa:bly _support, left destitute, with 13 children was all bis defence. %.ii 1: George Harries protested he kneW not tb-it Cie - silk was dishonestly come by; he had receircil it as smuggled. Ile trusted the Gentlemen of tile Jury would be of the same opinion. Upwards of thirty witnesses were called - Who spoke very favourably of the characters of the pri soners. Baron THoMPsoN commenced the summing u 1 of the evidence to the Jury, by !ibserving, that .aftrer a very patient and ample investigation of a most remarkable ai-41...andaCiou§. felony, they appwa..4edSoWards a conclusion, for which many of them would be well pieaSed, for they had suffered considerable privntions: Three of the pri. loners, li T inter,Taylor, and Allan; stood capital ly indicted for having planned andacComiinilied this felony.. Ivey stood capitally indicted for a guilty participation, after tile schenie . of robbery' had.been planned ; and Knox stood also capitall . ly indicted, for having counselled and as.;isted.in the formation of a .plan of robbing, which was Lonsuminated by the felony of the Bth of July; though in the act - itself he wasinot a participator. Robert Cooper stood iiitticted for being an acces sary atter the crituciwas.cfninnittril; by managing :to dispose of the stolen 'goods, George Harris stood also charged, for having, With a guilty knowledge of its being stolen, received 190 poi/Qd . s weight of silk, value 2801._ That long and iinpar4 ,tant investigation had disclosed a scene of greater iniquity than any which be ever remembered to live been revealed bekore tr-Britith CoUrt of Justice. They beheld a robbery committed in time centre of a populous city, the consummation of a deep and long premeditated scheme, from the ne complishment of which they had not et all been - deterred or intimidated by the failure of their first plan and attempt. Theirguilt, however, would depend much upon the 'belief which the Dory would attach to the ample and substantial evi dence delivered against them by their accomplices. It would be necessary for the Jury to examine and compare, very accurately and pai'. - ientiv, tie confirmation of their evidence, by the'depositioa of persons whose conduct , made th e i r vera ci ty re main im e itnpeached. The vidence. o f accomplices was, however, necessary, to prevent, in cases of • a heinous description,:the t?tal failure of the pur posesof justice. Having made these brief obser - - vations, he would proceed to sum up the di'i dence, with all possible briefness, to the Jury, - Stopping occosionally to direct their attention to the ,iinativial points of the evidence. [Here his Lordship recapitulated the evidence.; The charge lasted upwards of four. hours, when the Jury retired, and, after a consultation of two hours and forty : minutes, brought up the follow ing verdict:— , Joseph Sirnmoncls . Winter, Benjamin Allep, and Witliain Tay lor-Guilty—Death. John Ivey, Guilty of being an accessary only. Joseph Knox, Not Guilty. • Robert Cooper, Guilty of receiving. Georglarrits; Not Guilty. MANstoN-I - TousE.—Mr. So!omo - ?, a jeweller, from Spital-fields;,Vvas. charged w;'.ll having a 501. note of the Bank of England traced to him, the same having been itolen soine time since !'rorn the .Banking-house of Messrs: Robarts and Company . . The 'defendant as9erted he .had given a valuable consideration for - this note, but did not know from whom he had taken it;he having taken many_ fifty pound.notes, without making any memoran dum whom he had them from. Upon being ask ed from whom he botight his goods.? he said he made all his got ds himself, with the assistance of 'one' man, who lodged at a public.-house. The Lord Mayor, with the consent of the pa:ties Con cerned, admitted hint to give in bitil for Lis ap pearance next Thursday. On W4dnesda7,7 last, Mr, Thomas Hole, clerk to Mr. Bray, of Tavistock, put an end t(.; istence, by swallouiin a large dose of - I ...iudannin. He was married only on the •.Satinidav to a young i lady; to whom, he had ton 7 paid his ad- • dresses. The followingis the copy 4a letter ;wind in the waistcoat pocket of the deceased, addressed tb'his. wife • " My deareSt Grace,—l must leave you for ever—the :great Supreme Being, I crhst, you to his care ! With my latest breath 1 hvio to beg' the Almighty to blesi3, preserve, and keep yOu ?—Oh, • koy poor distracted- brain ! Wlmt shalt Ido Can live to hear my name stionatiseA • * * The few reautinin i g words were imintetn;;lble, the ink being apparentit stnca7cii - witi 4 tbt., —(Plymouth Pc.p6r.)