The Sun. — London, England, 1819-04-20 00:00:00

FOR THE SUN. SMALL DEBTS. MR. EDITOR—In your publication of Wednes lay, tinder the above title, you seem to wish the Legislature to erect new Courts for the _recovery of Small Debts, from which it appears you are 3)01 apprized that there at present exists in every county a Court, in which Small Debts pot amount. ing to 40s. may be recovered by process issued. from the Sheriff, and in the same Cnurt, debts to any amount may be recovered by issuing a Writ of Justices, returnable before the Sheriff in hi, County Coort, which is held every month, and iu some Counties twice a month. Now, it appears to me, that if these County Courts, instead of be ing held always at one place (she County Town), wet e held alternately in every large town in the tomcy , , jip•iiee would by that means be' brought bt - tie to evety mio's door under the - present existing laws, and at a very trilling e.xpence but at the time it would be necessary that the Courts at W.stnonster should not allow ac -1)1,113 to be brought . there unless they amonnted lo a certain sum ; !or instance, as no Per Sou Call now be hell to bail for a less sum that, 151., or 1 . 01. it c .se the debt is ilium a Bill of:Exchaoge or litouliss , ory Note, if the Courts above would order, that upon arty action in those Courts, it the idsiatitl did not lecover to .1.:1.at amount, he should only be allo,ied the same costs as he would have been entitled to if the action had been );rottglit in the Goon y Court, it would, in my ()pinto!), answer every purpose, and completely check the present nefarious practice of bringing actions in the Superior Courts fur ttifling sums, that has no other object than the increase of costs ; fur it is really dreadful in atteoding an Assize to see the valuable time of the Judges taken up with the trifling causes that come before Oven). a majority of which are frequently for stints under 151. ; but as all causes that are brought in the County Courts are removable into the Courts above, unless such an order as before-mentioned is made, the evil cannot he remedied ; and if the Sheriff were to hold a Jury-day .once in three months atter every Quarter Sessions, for the trial of such causes as are defended, speedy and sum- Mary Justice would be easily obtained. NiAcastic, April 16, 1819. ATTORNATUS. SEDUCTION. PLYMOUTH DOCK, TOWN HALL, APRIL 15. CROSS V. BUDGE. ififfire G. EASTLAKr, Esq. Deputy Sheri f. A Jury was assembled this day at our Town had, under a Wiit of Inquiry of damages. This cause was an action brought by Mr. Peter Cross, Torpoint, against the defendant, John Budge, formerly a rope-maker there, but now living at Callington, to recover compensation in damages for the seduction of his daughter, Tabitha Cross. The case on the part of the plaint ff was stated by Mr. BozoN. It appeared that in the early part of the year 1813, the defendant, then 25 years of age, came to lodge at the house of the plaintiff, with whose family he was before that time in the habits of intimacy ; he had previously slieten at tention to Miss Cross, at that time only 15 years of age, and availing himself of the facilities which the situation as a lodger afforded hint, .effected her seduction, the result of which was the birth of a child in the early part of 1814. ht July, 1813, he was detected an extensive traffic in -the King's stores, for which he was tried at the Lent . Assizes in 1814, and received sentence of trans portation, in execution of which be was sent to the hulks at Portsmouth. In the summer of 1817, he was relieved flow the sentence of trans portation, by the effect of a pardon which had been procured for him ; and duritig the whole of his imprisonment he kept up a correspondence with the unhappy victim of his base passion, pro mising every reparation in his power, if he should buccerd 111 obtaining a mitigation of his popish- Anent ; but though his business of a ropemaker was still carried on for him at Torpoint, he had not contributed any thing to the support of Miss Cross or the child, which died at the age of five months. The letters by which this correspondence had been maintained were produced and read, and contained the strongest expressions of affection, interlarded with religion, and Were pointedly ani infulverted upon by Al r. Bozon. No sooner, how ever, did the defendant obtain a pardon, than i in stead of fulfilling his promise to this.still confid ing and affectionate girl, he basely attempted, by, every possible means, to repeat an intercourse which had already proved so destructive to her reace and happiness, impressing upon her the be lief that he intended to marry her, up to the very time in October last, at which, to her unutter able surprise, she found be had become the hus band of another woman This statement was fully confirmed by the evi dence of Miss Cross and' several respectable inha bitants of Torpoint, from whose testimony it ap peared, that up to the time of her unhappy con i►exion with the defendant, and since that period to the present moment, her conduct bad been wh►►lly irreproachable ; and such was the sym pathy excited by her unhappy situation, and the inability of ber,fatl►er, the plaintiff, to support her and her offspring, that * subscription bad been raised in the neighbourhood for her relict. The defendant's case was conducted by Mr. Haas and Mr. MARTINI, of Callington. The Jury, after remaining upwards,of an hour deliberation, returned with a verdict for the plaintiff—Dainages 2001. BANK-NOTE FORGERIES.—YeSteIdFIy one Henry Dart, a pieparer and utterer of forged Bank of I,:;ogland poles, and Mary Ann Griffith, who co 11:thited with him, were committed for trial from Hatton-Garden Office, charged with having iu their posscbsion no less than 22 one-pound notes, purporting to be those of the Bank of England, nut! also three unfinished, or " skeleton notes" of the same. aruuunt, all of which were proved to gorged. LAW INTELLIGENCE. COURT OF CHANCERY, APRIL 1/, EX-PARTE NIASS. This is a case of coniderable importance to the parties, and one of some interest, as it relates to the question of Trial by Jury in cases of Bank ruptcy. The following is a very brief sketch of its merits :—Mr. Niass, shortly before the docket was struck against him, sold an estate, called {Thingford Hall Farm, to his brother. On these premises was certain furniture, of which he, the bankrupt, gave an account to the assignees, who sold it to him again for 1001., two Gentlemen having advanced the money tor him. Some time after the bankrupt and his brother quarrelled, an d from the circumstances that came out, the assig nees forcibly entered and seized the property, for which Mr. Niass brought art action, and recovered a verdict with 370/. damages, on which hey ap plied to the Lord Chancellor to grant his certifi cate, which was opposed by the assipees. The case then wel.t to the Vice-Chancellor, who, on .the hearing, directed an issue to be tried as to the validity of the sale to George Niass, the brother, patting out of the - question all the other charges made against tv,e bankrupt. Au appeal was then lodged sgainst the decree of his Honour, and thus the case this day came before the Lard Chan cellor. Mr. M6NTAGUE, in a speech of two hours' length, contended against' granting the cCrjticate, arguing, that as the verdict of a July was not bindin upon the Contrnisioners, 50 it o,told not be upon tine Lord Chancellor, who was bound by the statute of bankruptcy., not only to have no doubt-or a fraudulent 'intention, but no reac/11 to entertain such doubts. Mr. MASS, in person, defended himself with much ability, and respectfully, against the charges made against him ; in the course of which, he said, the whole of the affidavits filed against him had been disproved by the viva voce. evidence of the parties themselves, %ellen in the witnesses box. He courted inquiry lute his conduct ; he had been aspersed; and all he asked .was, to be put in the same situation in the opinion of his countrymen that be had previously steed in. He cited several cases, and read the summing up of the Judge who tried the cense at the Assizes; and, after speaking at some length, respectfully bowed, observing, that whatever train his Lord ship might in his wisdom he pleased to place the case in, he would willingly conform to it, ask ing no more than to have the ease gone into thoronghly. The Loma CnANCFLLOTI then proceeded to com ment on the case. His Lordship, feeling the im portance of the present question, had come to Court this day for the purpose of hearing it, with out obstructing the other business, and be would now lay aside every thing but the Chingford Hall Farm. It must be borne in mind that accusation was not proof. It had been asserted that Thomas Niass bad fraudulently concealed a part of his pro perty, and assigned it to his brother: this was the point on which the Vice-ChancellOr, as the prin cipal, had rested. It was really a pity to see a father and son at so much -valiance with a brother and father. His Lordship had been forty years in the Court, and he did not think a case had ever been sent .to a Jury to try the validity of a bankrupt's certificate; and nut trusting to his own memory, he had called on the Bar to inform him of the tact, and it appeared there never had. It would he with great 'caution he should send the present to trial; but he did not say this, that it might be supposed that he had not as great re spect for Trialby Jury as those who spoke more about it ; " and," said his Lordship, " I hope t o God this country will never part with it." If the Court were to send cases like this to a Court of Law, it would incur expences, the one-tenth of which a bankrupt could not bear. It was much to the credit of Niass, that he, a bankrupt, had been able to raise friends, which was not the case of nine out of ten. His Lordship adverted to the charges of delay made against hint, and observed, that. the aortic' y Ice had experienced had enabled him to keep 'fund& front the bands of sons who had no tight to claim them. He also adverted to the repot t of removing the Bankrupt Cases ft om the Court of Chancery, which his Lordship thought could not he done without placing them under similar jurisdiction. It was but (air on tile part of Mr. Niass to say, that he had invited every in quiry, and the Court might depend, that in com ing to a conclusion, his Lordship would follow the only course he could with strict justice to all par ties. He should, probably, before giving final judgment. see the Judge's Report, for the pur pose of spewing the parties that such conduct should not be pursued with impunity : and When his Lordship was informed if the new trial was to be persisted in or not, he would finally settle the case. The cause excited considerable interest, .and many of the creditors were present. COURT OF KING'S BENCH, APRIL 19. Loudon Sitting before the Chief Ja4llee and a Special Jury. CONSPIRACY. THIt LING V. WILI.IAI4 FIRTH AND OTHP.R9. This was an indictment against the defendants, Firth, John Tate, Thomas . Hodgetts, James Brown, Win. Sherwood, Wm. Brooke, Joseph Taylor, James Law, David Biggers, and two others, for conspiting to sue out a fraudulent commission of bankruptcy. against one John Smith, and forging and fabricating, and sweating to certain bills of exchange, in order to carry the said commission into effect. Air. GURNEY, £4lr. PULLER, and Mr. DENMAN conducted the prosecution. Mr. CUB WOOD appeared as Counsel for the de fendant Hodgetts Mr. BARRY, for the defend ant Biggers ; and ADuLPtills, 101 two other defendaut:4.. Tile case opened against the defendants was this :--Tl►e supposed bankrupt, John Smith, had been a clothier .at polinfirt Li, in Yorkshire, and being embprassed be came np ,to London i❑ the Autumn of 1817, to look after some property which had been attached by a cre ditor named lf.yder ;. he formed an acquaintance si►ii► withthe defendant Firth, who proposed to him to bet:owe a. : bankrupt. as the oply ateatis bf reliCving him From hi 3 diaicultles; to ‘vhich proposition, Sqiith, after some persua sion, acceded; • and with the•assistance of the other defendants, the proposition wag carried into effect by the following means. A list of fabricated debts was made out, so as to form a majority against the bona fide creditors, and by such means to have the choice of assignees. ;I' he defendants pot themselves forward as claim ants upon Smith's estate, describing themselves as merchaws, cornfactors, and persons in respec table business, being in fact pennyless beggars, to whom Smith did not owe a single farthing. F6r their services they were to receive handsome douceurs from the bankrupt in the event of the plan succeeding. Having made ont a list of fa bricated creditors, the defendant Hodgetts called upon Mr. Pullen, a respectable - solicitor, and up on the plausible representation made to him he was induced to undertake the business "of suing out and working the commission The commission having been taken oat, notice was sent to Smith's bona fide creditors in Yorkshire, to attend the meetings of the com missioners, and they authorized an agent to act for their interest in London. Several meetings were had of the defendants, and Hodgetts and Browne were chosen assignees, and by virtue of the fraudulent authority they had acquired, the remaining effects of the bankrupt. at Hohnfirth were seized and sold by auction to the bankrupt's soli, for which lie gave his acceptances. Int the course of the proceedings, iVIr. Pullen eery soon• . discovered that the conduct of the defendants Was founded in fraud and deception, and in conse quence of the inquiries made, the bona fide credi tors instituted the present prosecution. Two of ttte defendants were stated to be agents of the Insolvent Debtors' Court, and the others to he men in the lowest class of life, without all cre ditable means of livelihood. A vast body of evidence was adduced, to sup part the case, of Which the above is a sketch ; and the. examination of whom, with the subse Anent *summing up of the Lord Chief Justice, occupied the Court till a quarter before seven in the e.Vening. Mr. [lmlay - addressed the Jury on the part of Riggers, and Mr. Ctiawoon on the part of Hod. g etts ; and certainly each Gentleman made the ablest appeal which the nature of the case would admit ; and forcibly pressed the utter incredibility of the bankrupt Smith, who was the 'principal , witness,, and who had acknowledged not. only his guilt as all accomplice in so gross a fraud upon his creditors, but his perjury in swearing to the truth of his false and fabricated schedule, upon , his second examination before the Commissioners of I.3.okrupt. That consequently his testimony was wholly unworthy of any Credit, unless it was borne out by , that Of other witnesses upon the trial ; and whose evidence, although it was al lowed to be pure and unimpeachable, yet did not bear out the - principal points sworn to by Smith, but more especially. towards the clients of those Learned Gentlemen respectively. No. evidynce was adduced for the defence, bear ing on auy of the charges in the indictment . The defendant, Law, addresQed the -Jury in a written vindication, totally dey►ying any other concern in the whole transaction than tnerely that of a bill broker accepting an accommodation bill fOr Smith, the bankrupt, to enable him to raise money and relieve his embarrassmerts. The Learned Judge, however, summed up the evidence for tl►e Jury, and. was clearly of opinion the conspiracy was fully and satisfactorily proved against all the defendants ; and though every tact s ustained was not brought home to each, iodivi-; d ua lly, yet the whole train of this nefarious plot was Cully proved, and every one of thedefen (tants shewn to be combined in it, for one com mon and niUtual purpose of fraud. The Jury, witliont five minutes hesitation, f oun d the whole of the defendants Gu ilty. ADJOURNED ADMIRALTY SESSIONS. OLD BAILEY, APP.I,L 19. CASE W MURDEtt.—llenry, alias Duckay, alias lloggy .Wells, was indicted for aiding and assisting one John Gillam, William Brock, alias Wily Rock (since executed), and several others, in the wilful murder of Joseph Marlin, mate of the Foircs cline cutter, about six leagues.frpm the Smith FoLe land, in the County ,of Kent, on the Bth u• -y of August, 1815. The tact of the murder by the crew of a smug gling boat was clearly proved, but ten witnesses who were called, failed in establishing the identity . or the prisoner as one of that crew. Mr. Justice BEST recapitulated the 'whole of the evidence, and the Jury having retired for about 20 minutes, on their return found the pri soner—Not Guilty. There were other indictments against the pri soner, but the Attorney-General declined offering any evidence upon them ; he was consequently declared Not Guilty, and ordered by the Court to be discharged. Immediately upon his liberation, the prisoner was again taken into custody, upon a warrrokt obtained by the Board of Excise, for another of fence, acid conveyed away in a coach. He was to undergo an examination upon this charge this day. KILLING TIIROUGH FURIOUS DRIVING.—An Inquest was held on Monday, the 12th instant, at the house of Thotnas Might, White Bear, Motley, before THOMAS STIRLING, Eiq. on the body of Wm. Matthews, th i ree years and a halt old, son of Mrs. Matthews, of the same 'place, who was run over by a post-chaise through the carelessness of the driver, be being on the wiong side of the road, and racing with two other chaises. After hearing evidence, the Coroner said, he was folly of opinion that the post-chaise 'drivers bad been negligent ; but begged the Jury, alter a minute consideration of the case, to•give a verdict to the best of their judgment its the present. me• lartcholy event. - .The Jury retired for some min returned a verdict of Manslaughter againq George Gidtions, Thontas.Townshend, and Samuel Viols. The Coroner accordingly issued his warrant .for their apprehension, in order that they may take - their trials, LONDON IIARKET3. PiIJtJE OF BREAD THIS WEEK. file higl , est price of the best ‘Vheaten Bread throughotit the Nletrupoli3 is stated by the principal Bakers to be 1.5_ , 1 the Quattern LOaf—Some Bakers sell the Quarters 1M" from one penny to two-pence lower. 112.0%* lb. oz, Peck Loaf to weigh 17 6 Quarter n Loa fto weigh. I 4 , 5 1 Half ditto.. ditto aI I Half Quartern ditt o • SEEDS. Red Clover (Foreign) Ditto English White ditto —7_ ls s s s , 6 2 4 6 . ° O 5O s s s i t B t g .., 6 8 ) s s4 7 to 02: so s 9 p 1 I; 1) ,(1 e r r . C W i : : Rye-Grass Turnip, White . Red an d Green ... l6s ad to 205 Oct White Mustard Seed Brown ditto . 15s ad to 20s Od Carraway Seeds (new) • 6os Od to 65s ad Cinque F0i1)..... Coriander do ... 23s ad to 20s Od ,„,.. nit: Trefoil - Ilibgrass ... 3os 43s to 545 Canary , - 9os Os to I 10s.od per griv.d. Linseed Oil Calle at the NIB', 131 ds to — 1 —s reqalief sand—Rape •Seed, 421 to 441 per Last. —.Rap e ' 71 lOs to al Os per ton.—Tares, 9s to 14s per bulie l * -• PRICE OF HOPS, per Cwt.; APRIL 1 7. New Bags. New Poebets • Kent 51 3$ to 01 Os a6l Its Kent.. 61 lOs 71 Os t° Sus:;ex .. 51 osto 01 Os a6l Sussex 31 16s 61 10 5 " 05 Essex.— 01 Os to 01 Os Essex 61 Os 01 Os t° ' Farnham, second, 9103 t o 101 10s—fine, 101 1 05 t o 11163 4 Foreign Pockets, 31 5s to 41 103—Duty, 199,4 651 1 1 " • 'NEWGATE AND LEADENUALL MAO . g rS ' Beef e ar case. sd 65 4 4 61 ...... ..4s Od to By ss th C Od 1 Veal 45 d to to 7s 0 Mutton . • bs 4d to Gs 01 1 I Pork 55 4 Lamb, Os Od to Os Ode —..----" ST. JAMES'S HAY MARKET, APolti 5' 0 , 1 A Hay sl' Os Oct to 71 lOs Oti—Averugei 61 es 3-' Straw Clover • Ol us Od to 01 Os 0(.1—--,;:lverages WHITECHAPEL HAY MARKK.r. 3 : a g s a . 61 i - a flay 6i Gs Od to 71 7i oft --Average, , 0 , 0 New ditto 0 I 1 strov 2l 14s Od to 31 Os od-Averagc, .. 1 Iv 6 Clover 7l -7s 011 to 8! es Od-AveraV , I ___,...-• to 9s o j, RAW HIDES.- • to is I°4l • Best Heifers & Steers, p er s t. thchndry' .... is 2s 6,1 to 2s 8t: ISlnrket Calf • • eac h to. . OS u''' 11.Iiddiings 2s Od to 2s 4d Eng. Horse as . 0 " SHEEP Polled 7s nd to 8s Oci Downs ' Ss Od to 'Gs thl , SKINS.. oti - Inv ....05 0(1 toffs ca. S heart Lambs.. ...... O d to 4s PRICE OF LEATHER. to sza Both, 50 to 561hs each perlb ...... 914 oj Ditto, 56 to 661bs each Vd t ° -. Dressing Hides Cropl , itie Coach Hi4e Hides, Hides ,3s to 401bs fur cutting...... it. • 18 ii d t : 4 3 11 Witt ° u'-ull; ........ -.:18 t. BA Ditto 45 tosOlbs ......... WO .zo .... , ...... 24 ,1 to ~- Calf Skins ;,',O to 46Ibs ' 4 ; 41 Ditto 5O to 701bs .................... 30d to ,,, Ditto 7O to soibs .................... 30ti to 3.: , 4 1 to 9,4 Small Seals (Greenland). ................... 40 1 i t o RO' Large ditto d t 1.1 TOolled Horse Hides .. .... .... ° to 27' 4 4 1 Spanish Horse Hides ................... . ............. PRICE OF RAW FAT; i)e As Ntateet by the TallAkiters. St. James's Market .. 4s id A'hitechapel Market 4s 3id IVhi A te b c .e h r a a pe g Average..., 4 4: 44 x Stone of S11).--Aegit, 16. dis stated by 14 Butchery. St. Jamess ..43 Clare Market ...... Os Newgate-Market • • • ,° s "7 / Average ETICES OF TALLOW, Town Tallow 75s Od Od Yellow Russia 71 s Oil —3 Od White ditto .. 63s 0(1 Ot: Soap ditto—. 64s Od —s Od Melting Stuff 34s Oil —s 0(1 Ditto 'tough.. —s od 34s Od SOAP, &c. per 319 11 i• goo Yellow 50ap........ • • 0 2i 1 Mottled.; .......... la 6! Cord .............. • Oa Graves ............. 1050 a Good Dregs... •••• • _ PZ ICE OF CANDLES, from Tallow Chandlers c __ o per Price of Candles, per dozen, Ns j 45 I dozen allowed for ready money. COAL MARKET, Aran, 19. price. 6 j. y4l hips Newesstle...•••••• at Marliet. Sbips 18 sold. .. 3? ,. o. 6, crld: to 4 4 1 , :: 0 0 4 J: i .. . 7 Sunderland 6 ...3 1 5. .1 to 3M.- 3 Cultn 3 . . 30s -----.1.---- tlie CURIOUS CiItCUMSTANCE.—There is no — „1' 1 fur possession of Mr. Hayes, a butcher, of S °6' be" ton, a pig, with a wooden leg, on the oti side ' esti fore, and it appears to walk with little or inconvenience. This pig belonged i" erat! wis banded soldier, who baring seen many ° p ot i, the *or performed on his heroic comrades, oil field of Waterloo, remembered enough 'l' with fiery to enable him to practise a nnvit'“t rl n t jog' success on the poor animal, when an or c t e i " - b - or A 1.0 alternative between the loss of th e premature death. Ch a ce . A horse belonging to Mr. M. Moyle , of ,fe" rr4,ter, Cornwall, was taken ill and liie" a hs clays since. As no cause could be assigned flrder, illness, the carcass was opened, when f , nearly feet long, was f olin d i n the stornaedi e, Gibbs, for cutting and maiming his iv"ne;-%ife 6 , 'eurge Gibbs (son of a gamekeeper), %"118;cri' crated at Horsham, Saturday the .urinal confessed that . malice ►prompted fl at o ile f e l i h l, e y p (:t r ii t ! c g . Gibbs having often ordered 1"1° On Saturday, at the Admiralty, Lady BIRTHS. o f a soo_ 0 51 X )rne' - Weir r Ga i"Y On Silturday, the 17th inst. the Lad . ) , Of ster, Bait. of a ,an at his house, in Portland-Place'savar' On Sunday, the ' Lady of Thomas Morgan/ -E sc ' gardens, of a son. ton etriest4lll3::sgairlticitßtiet laughter, Saturday, 1 just.Altß l a F t : r.; Esq. late of the 4th or King's Own 011 Monday, the 19th inst. at _Fulham, Ffenr, A ndrew Brixton, t7t hl% to C: a u r r y l l 6l:: and only surviving child of the Rev• Francis of Easton, lierefurdsliire. DIED. Mrs. William Kine.„ of St. Alhan's aged dr). Esq' of Snilde"lY. Alonday, the 19th los ' t. John Gilliat, Clapham-terrace. of On Sunday evening, the 18th inst. Mr. John Thontat,_. Throginorton-street, many years a :Nivinher of the StA; Exchange. On Monday, the 12th inst. in Store-street, Bedford-squars Richa~cl Calcraft, Esq. of the Audit Office. At his house, Gray's-inn-place, on Saturday morning las?, aged 78; Edward Clarke, Esq. late one of the Cashiers .41 the.Tredsurer of the Navy. • {Provincial Births, &c. To-morrow.] LONDON: Printed by J. B. cARs-r,kE.: 7 4, (;f Ormond-street, .(luvert-square; and published by SCRIPPS, of No: 7, South Ivlolfon-street, at THE Office, No. 112, Strand ; where' Adveltisements, Oat", Letters, ,Ue. (post-in:id) must be alb.essed..- *. J