The Sun. — London, England, 1814-03-12 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, MARCH 11'. EX-PARTE CAMPBELL, EX-PARTE CLAY, IN THE MATTER OF lIROMER. • There 'were two Petitions argued before, the Lord Chancellor this -day, in the bankruptcy of David Bromer, involving a'novel and highly in teresting point. By the former petition the As riignees of the Bankrupt's estate prayed that the _proof of a sfebt of 32,0001. by Mr. William Clay, which • had been allowed by the Com missioners, , should be expunged ; and by the latter. petition, which was in the nature of a cross application, -Mr. Clay prayed that the di idend corresponding to the debt proved by hint under, iNlr. Bromer's commission, and which had been tr ithheld from him by the Assignees, should be paid over to him. The petition of Mr. Bromer's Assignees proceeded on a statement of various transactions between the Bankrupt and Mr. Clay, and of large money advances made by the latter to the former, in consideration of -which be had' received from the Bankrupt, by bills of ex change and otherwise, certain sums, to a consi derable amount, over and above the legal interest. it then goes on to allege, that the Rankrupt„ Mr. Brener, departed this life on or about the 3d day cif January, 1813, about two months after the Commission of Bankrupt had b•.•en taken out against hint, and without having ever been examined undei his Commission, but that the said David Bromer, its well before as after the issuing of such Connnis sion, upon various occasions, declared to or in the hearing or presence of divers persons, that the dealings and transactions betw - ten him and • the said Wm. Clay were of the nature described in the. Petition (i. e. were usurious), and he, the said David Bromer, in his examination upon oath, under a Commission of 13aukrupt, awarded and is sued against certain persons trading under the . • firm of Paton, Gill, and Co. taken on the Ist day of December 1812, deposed or stated, that it was understood between him and the said Wm. Clay that the said Wm. Clay was to gain or receive a profit on the loans or sums of money hot rowed from. him by the said DaVid Bromer, in addition to the interest thereon ; and that the dealings - between them took place upon that 'arrangement. And that the said Win. Clay had money of him, the said D. Br,,mer, to the amount' of 15,0001. but that the same was not carried by the said Wnr. Clay to the credit of the said David :korner, re 7 gularly, until' after he had stopped payment, • and that if he had not , stopped payment, he should not bare' asked the said Win. ,Clay for the Said 15,0001. and that such sum of 15,0006. was not entered by him, the said D..Broluer, in his ledger or bill book, among his other bills,bdtmerely in his memorandum book ; and that in his said transac tions with the said Win. Clay, the said 15,0001. did not mix with his other accounts ; or to diet or the like effect. The 'Petition then proceeds farther to allege, that several meetings or ;wet views - took place between. Mr. Bromer and Mr. Clay, after Mr. !limner stopped payment,,Tespect ing the accounts and dealings bet ween them, and that other persons were pre3eat at such meetings • or interviews, or some ,or them 3 .9‘ l- that, front time conversation that passed between them there at, it was evident that the said dealings had been usurious on the part of the said William Clay. The Petition then goes on to state, that Mr. Clay, having offered to prove against • the estate of the Bankrupt, a balance, said to be due to bitn, amounting to the sum of 32,001. the assignees, on the part of themselves and the other creditors, objected to the allowing sit such proof, on the ground of the usurious na ture of Mr. Clay's dealings with the bankrupt, and at .several meetings before the Commissioners offered to prove the declarations of the bankrupt ami of Mr. Clay,• at the oieetings or.interviews between them, after Mr. Bromer had stopped pay - toent ; and also theexamination of Mr.Bromer up on oath,under the commission against Paton, Gill, and Co. but the Commissioners refused to alto* the examinations of Mr. Bromer under Paton, Gill, and Co.'s cotnnlSiSioll to be received, upon the ground that the same was not taken in the presence of Mr. Clay ; and also refused to allow the petitioners to give evidence of • the conversation between Mr. Bromer and Mr. Clay at the meetings or inter- views before alluded to. The Petition therefore -prayed, that the proof of Mr. Clay's debt be ex pnnged from the proceedings.; or that the Com missioners be directed to re-ceive evidence of the 'declarations and representations made by the Bankrupt,, the said David Kromer, and of said ex amination taken tinder Paton, Gill, and Co.'s Commiision, 'anti such other evidence as the Pe titions _might be enabled or advised to produce re- Specting the foresail dealings and transactions.- -The Counter-Petition prayed, that the dividend 'On the snip of which a proof had been allowed should be paid over by the Assignees to Clay. Mr. LsAct:, Mr. AGAE, and Mr. CuLLEN ably argutul the case on the part of the Assignees, con tsudiug that the examination, of Mr. Bronker, up on oatb,• was in the nature of; and equal to, an affidavit, which his Lordship would order to be received in evidence, though not mace under his own Commission, it being now the best evidence ' which could be procured on the subject. As to the admissibility of 'evidence to piove what had been the nature of the declarations and conversa tions between Mt'. lirouter and Mr. Clay, a t the various meetings which ,had taken place between them after Mr. Brower had stopped payment, and previous to his bankruptcy,. they submitted that there could noobe shadow of donbt and, 'on this subject. they presumed to think the affidavit of Mr. Wilkinson, the aecompant, ‘v;is stifficient to • satisfy his Lordship that there ought . ,,at least„.to be farther inquiry, Sir S. ROM! LLY HALT, and Mr. MONTAGU, on the other side, contended that the'examination of Mr. Bromer under another commission of bank- nipt, with which Mr. Clay Lad nothing.to do, at which he had nut been present, and in which, therefore, he could have lihd no opportunity of cross-examining him or shifting his evidence, had been justly found by the Commissioners. to be wholly inadMissable. Had Mr. Bremer been still alive, would he not; till once he had obtained certificate., have been a party interested ? And if Lid Lord,ibip had, in the event of the question coming to be ttle4 3 , at la*, made an °Me that the . evidence.of.Mr. tromer should ltd received; while lie would in that_ Way have been open to every species of cross-examination, Nvntild not his Lord ship, at the same time, have ordered Mr. Clay to be admitted as a con- petent witness also? Here every mat,rial allegation in. the Petition was clearly and. distincly Met by denial by Mr. Clay, upon oath ; and Mr. Wilkinsons was clearly under a mis take when' he d stated that the usury appeare on the face of the bankrupt's books„rtlfose entries to which he alluded being.ofa date antecedent to the contraction : of the whole of are present•debt for which Mr.. Clay had been allowed to prove under the commission. This, they Submitted, was an application without precedent, and One to svhich Lordship must feel himself called on to refuse his countenance, pregnant as it must be SVC!) to. be with the'most serious evils. As to the other part of the-application, the assignees shew ed that they had no confidence in it, else they would have (some. •as they ought to have done, with affidavits, disclosing . those declarations and conversations previous to , the bankruptcy, from. which they would have his Lordship-to believe that the dealings. between the parties bad been usurious: Of the preliminary point, however, namely, the admissibility of any examination of Mr. Bromees under a strange-commission, as evi 'deuce under his own commission, they presumed to think, his Lordship would think it proper, in • the first place to'dispose. • Mr. LEACH having replied. The Loan CnasTcatama - said the present was. a novel and highly important • question. - . As to sending the matter back to the Commissioners to , receive evidence of the , declaratirms anti repre sentations made by Mr. Bromer, both' heore and since his leinkropt v, as to the nature of the deal-. ings- between him•and Mr. Clay, that he could not do, as the declarations or representations made by Mr. Bromer since his bankruptcy could not be evidence ; and, at all events, though factory evidence on that .salljeet, arising out of declarations and.representatiors made by Mr..Bro mer, previous to his bankruptcy, were laid be fore the Commissioners, they could not or der the proof..of the debt to be expunged. This evidence, therefore, ought to have been embodied in Aidavits, and, submitted to his Lordship for his decision. The more important part of the case, however, t egarded the admissi bility of the examination - of Mr. trouser under Paton. Gill, and Co's Commission, as -evidence under Mr. Bromer's own Commission. Now, if the question of usury in this' case Were to be tried at law, where the . proof of the usury must be upon the defendant resisting Mr. Clay's claim, it was clear that there Mr. Bromer could not be a witness till be had.got his certificate ; and sup posing nis Lordship to have made an order that his evidence sl4ould be taken, still it was a . fact, as had beeti'stated, that he could not hare done so without the other party thereby having an oppor tunity of cross-examen him ; nor was it at all probable that he would have made such an order, without ordering Mr. Clay to be admitted its a wit ness also. Here the examinat'sis . of Kromer had been taken out of the presence of Mr. Clay. and without affording or any person on his isehnlf_. an _opportunity . of confronting him, or putting a single tpiestion to him in explanation of the statement lie was making. The Court, no doubt, bad gone farther in giving facilities to in quiries into charges of usury in bankruptcy than it ever did where the party sucking redress was in solvent circumstances, requiring, as it did, from such solvent person an undertaking to pay what was really due . but his Lordship was not aware. that the Court had ever carried that-principle the length now contended for ; nor did he think that he could be warranted in laying down such a pre cedent.' This was decidedly his opinion at pre 'sent, but be : should consider of the matter till Monday. His'Lordship put this.case, suppose, in the bankruptcy of A. B. that an examination be taken, only one half of which is material in that bankruptcy, and that the other half, which is im material, and is also false, is material in another bankruptcy, aud; on an application. similar to the present, is admitted as evidence in that other bankruptcy, in which, if true, it would be mate .rial ; could the examination so taken be the foundation of an - indictment for perjury ? His • Lordship presumed it '.could. not. Jll the bank ruptcy of which the examination was made a part, the false allegations were immaterial, and there fore no assigtiuieots of pedury could be laA on them ; while, on the other hand, the examination could not he charged as forming part of,s or hav ing been made in the'proceedin; , s tinder the bank ruptcy in which the false allegations weft ma terial. POLICE. UNION HALL.--Eleanor Brown stunmoned James MuWig before the. Sitting Magixtrate, some days since, on a charge of haVing assaulted her. It appeared from the statement made before the Sitting Magistrate, that the parties had lived to gether fur ,upwardS of eight years as man and but had separated at Christmas last. .0n the day named in the,summons they met accidentally in the street, when Mrs. Brown stopped the de fendant, and insisted on having some Pioney from him.; this, hots ever, 'he refused, saying she had quitted Mil voluntarily, and tilt refore had no claim 'upon him. She still continued to press Lim, upon which be pushed her awar, and this was the assault complained of. 'Die Mligistrate, upon this statement, said there was no ground. for holding the defendant to bail; lie should, there fore, dismiss the complaint ; and be advised them to retire and make up their differences. The parties then left - the Office, and after having had something to drink a neighbotning pubiic b.onse, Mrs. BroWn went home ann told beg land lady, that though she had gratified her revenge by taking .Mailling before a Magistrate, yet her heart was still his, and that she should probably sleep in a Watery bed that might. She did pot, however, go out again that day, but went to bed at her usual time. In the middle of the night she got up, went to her 'landlady's bedside, and told her slia had taken poison ; she again,went to bed, her latrdlady not crediting what• she said ; she slept for two or three liimrs longer, when she awoke in excruciating k.gonies, and in a short time aftetataras expired, notwithstatAing 'Medical - aid had been called lil. On the:body being open. ed s it appealed that she had taken smile poisonous drag, whiekbaA occasioned her death, sat.BououokttsTßEET.--,—Smith, a carpenter, at Walton-upon-Thames, who stands charged with feloniously and maliciously shooting at and' wounding Carrington, a tailor of the same place,' was yesterday bi. Ought up for re-examination.---- The deposition of witnesses were taken in tbe ab sence•of the wounded man, who is in St, George's • Hosrital, and was unable to attend. It appeared that Smith had the care of a Gentleman's house, and some annoyance having taken place by the" ringing of the bell on several evenings, the pri soner concealed himself and waited the arrival of. Carrington,' avlio knocked at the door. The pri soner discharged the gun, loaded with slugs, and • shot at Carrington, who attempted to get away, but fell. The prisoner confessed he knew Car rington was the man •be shot at. lie WaS cont witted until Car - rington could be brought forward. HATTON-GARDEN.--A scildier underwent an ex *initiation, yesterday before Mr. Leach, charged on the oath, of John „Everett with drawing . his bayonet on him, whilst in the act of paying for a pint of porter ut the Cumberland Arms public-- house, Battle-bridge, and wounding him in the side. lie stated, that he had not.been five mi nutes ini the house at the time, lhaving gone in. in coMpany with a friend, and called for a pint of . - .porter, which he laid on the bar,. and whilst stinufing before the fire, in the act of paying for it, he had a few words of altercation with another soldier who -was in company with the . prisoner, when the prisoner, without' any provocation, drew hie bayonet, and, advancing,made a thrust at him. lie knew, however, that it was not out of any malice, but the effect of liquor, having learned. thathe..came to foal) on furlough from Cheltna- . ford, and spent the day drinking with his brother anal brother-in-law ; he therefOre required no sa tisfaction. The Magistrate gave them permission to withdraw, in order to settle matters; which they did.---The prisoner was discharged. • FURTHER PARTICULARS OF -THE, FALL OP A lIOU.SE AT GLASGOW Whilst some masons were employed in cutting out 41 window at the boftom of the wall, and while in the act of plating up props for its better secu rity, the wall suddenly came'dowu ; they, how -- ever, fortunately escaped, but had no time to warn the inhabitantg above. As 50011 as the dust which arose from the ruins subsided, several in dividuals were seen mounting the wreck, regad less of--the danger which the hanging remains threatened, searching for the 'persons who were buried in the rubbish. The first persons-observed were Neil M‘Viccar, pressman, and a son of his employer (Mr. Duncan), who bad been precipi tated from-the garrets, six storks high, and es caped without any great hurt. The 'pressman chiefly regretted the loss of his jacket, con taining ss. and a certificate for his soldier's pen sion. Two Misses Ralston, from the sth flat, were found on the top of the rubbish unhurt tlieir rather, suspended from a window-sole, was. rescued from his perilous situation by a ladder ; and his wife and son were dug out ; the boy had a thigh-bona broken, and his mother was much bruised. Mr. Bishop, reed 7 maker, 4th fiat, who had observed his wife, the only individual killed, carried down with the ruins, was brought down by theladder; as' was. also his son, who hung by the opposite Babel. M r . Shepherd, his wife and son, 3d flat, remaining on a small portion of the floor, were likewise restored to safety by the la)der. —Mr. T. Duncan and his son William, printers, were - br i ought down by the ladder from the gar rets—a most alarming height anal perilous situa tion, as part of the roof every moment threatened -to hurl them down. _Fortunately four •p-,7h01e milks were absent from the house when the tail took place. The loss: in furniture and working mateiials was considerable., Fears were at one time entertained that the tenement would take fire, and- a fin engine• was brought to the spot ; but fortunately these fears were not just. The Magistrates, military, and peace officers, attended, and did every - thing in their power to diminish the contusion and distress. Th's tiny . (Sattuday, March 12) the Commission of Assize opens for the City and County of ‘Vor cester. There are about 50 prisoners for many of whom are indicted for capital offences. Two females wet e last week committed to Stair ford gaol, for the murder, of their own offspring. The inoney 7 box stolen ont of the bar of the Angel Inn, Islington, containing 2031. in Bank of England notes and cash, was found yesterday morning by JonN tIUTT, one of the Police ,Of cers of Hatton-garden, concealed under the tiles of the privy, - . Me lock was broke open, and the Bank-notes anti cT,di taken wtay, -except four marked shillinv whieli were left; and some re ceipts and other imperFof no yalne to the robber. . . A few days since a female foiltme-teller so far triumphed over - the credulity of a poor woman of Cheltenham, as to obtln heroniy lea-pot for un folding h e r future tie tiny, which she no sooner possesses:, than she left the poor woman to 'muse on her being born to want the sense of common prudence. The impostor, it is said, is still in the treighbottrhooA.--(ChellenhOm Chronicle ) Ara pablic-house•inCheltenhan,4 last , '-iatiltdq, a chairman undertool., for a trifling ‘t - a.;er, to eat twenty eggs raw,, with their shells, in fifteen mi nutes, which he' performed in half the time, to the great •astonisliment of a number of spectators. A singular phenomenon has lately occurred at •Twickenhatn. A well, which was dug by Mr. COLE, in : the year )810, •to the depth of :10d feet, at one time yielded Lute or no supply of water ; digging a font or so lower d own, a suddenn, spring issued, which, in• a day oi• two, filled the well, and has since been constantly running, over. For two; years the water was of the purest nature, but for this melt emonth past •it has assumed a diffe rent appearance,' by becoming perfectly sulphure oils and heated ; so much so, that during the late severe frost, when the thermometer was at zero in the open air, the top of the well, which is ex posed, was not frozen, •and the. thihnometer, when immersed in the water, stood at 56. .A shilling thrown into the WAtei• is instantly chang ed,,to a gold culcul:. THE ASSIZES. CHELMSFORD, TuURSTMY, MAtiCH 11: • • THE LINO. V. KELHASI. • t Mr. HEATH Stated, that this was an intncturen. against Mr. XelhAnt, printer of this town, f° the publication of a libel on Montague Burgo Fiq. a Ginttlematt of the county. Mr. - Serjeant BEST then stated 'the case. 11, said, Mr. Burgoyne, on the late election, R3`',, candidate for the high honour of tepresenting , .county ot EsSex. in Parliament, and during th e!ection the libel against hint was published, ,was one of most atrocious oilignity.• II is Leave'. Friend, Mr. Nolan, who was Counsel for the 4c ; ye Pendant, would argue that it as a mere elect i( '` i squib ; but the Jury would ju,lge whether that a proper character of it when they cattle to he ' t it, read. The libel was a parody of a well - k no e poem, 'beghining, " Pity ,the SOrrows Qf Old Man," and it began— ; Pits' the sorrows of a fallen man, Wh?se wounded conscience leaves him no repose, Whose honour's dwindled to the shortest spat!, Oh, deign to listen to his talc of woes! Here tire libeller plainly told the world that tl l : Hon. Gentleman bad Jost his hpnour; and t" , next went on to state those facts, which he itor, ted to bins on . tfic Ouse of his honour dwindled. Should I a history of my crimes reveal, That goads wi:11 anznish this afilicted breast,. O'er your tinsh'd cheek. resentment's 'glow would st o3 .' And looks of horror could not be represt. ' An honour') name was me paternal lot,' • And pore the joys of life's untarnish'd nrorn - • P I But alt! too soon their intlueme I tot got! My name now-brings use but contempt and scorn. •. My heart high beating for my country's cause, I fondly thought that cause would still maintain , . I raised a Regiment to support. her laws; Bat, alt ! I turned it to my private gain ! I bought my horses at a lesser rate, And charg'd my country to the full amount, 'And ev'n the food those horses should bare e at 1 sav'd, and plac'd it to my own account. • • It, - said the Learned Setjeant, Mr. MoritlfT f. :l 4 Burgoyne had been guilty of this conduct, he \vt' s A not only have been unworthy to have stood 8 .4 . ; candidate to represent the county in Parlianse.l,;< but he would have been unfit to sit in the u oi , from which he had just retired, administeri4 nd f justice of the county as a,Special Jutrman• this was not all, it went on to add, Sworn to prove the soldiers's lawful. dues, all his dress a guilty price I laid— Cloaks, jackets, leggings:biteches, gloves, and shoes' From his scant purse to me a pistOle paid: 0 11 This forsooth, was only to be considered ag e f ele'etioneering squib, which thrust at the vita ls os Mr. Burgoyne's h ott un r an d c h arac t e r. lie '' t e - the last man, and so was Mr. Burgoinc'„ r e quarrel 'with mere electioneering squib. was one At the bottom of the -very libel in tl";i t t tion ; which, if it had been all, his client never have quarrelled with. it was thus-- -11 J L. a. tionecring `Wit.—"ln trines like- these," e'li n itA Freeholder, "we require men of energy spirit ; in short we want tried men. and o'l3 lye starts. " Then," said a crag, ''Chose Mr' has been twice tried," These sort.ofrPer IDn lets Mr. Burgoyne would never have .notic e `" v-1 5 alt attack upon his honour and chime tit'." tip bound to. vindicate. Il e did i t front t o i dietive motives—told he w 150 91 this offer—if Mr. Kelhant the printer, ' ir` •: - . e o give up his author, no evidence should beg against hitn,•and Mr. Burgoyne would even be tisfied with a proper apology from the ant hai if this Overture was rejected, Mr. Kellia° l !'`) hefeafter, on the floor of the King's Bench, sever far this publication. Ile. had said, th 3t - author had indeinnified him against all C°l`:,,,, quences, but he would find that there wer e coj e . quences against which the author could not ao, mty him. • All that remained at p r esent would be to prove the pablication o f the lib",to; the defendant, and th e consequences NO' to from the verdict would not be for the J 1 °, 0 14 1 eonsider—that the Court of Ki n g' s Bench "." adjust hereafter.. t A .Mr. Hodges, an attorney, proved tj`'l,',e.l - went with Mr. M. Burgoyne to the shop t", et"hate, ham, who acknowl e dg e d th a t he p r i n ted an°, l o: l lished the paper, but said he was indentnific ( !' refused to give up tl.t.t author. - , COI. Burgoyue stated,,that he formerly r" 1. ., regimens Qavalry, which he con}'');!. ed ; that he, was twice tried by a Court I VI3 and was acquitted of the charges brought hint, but he was censured for an irretil''',9;,re i changing two horses, th oug h th e su b st i t uted were better. 'The libel being read by the Ofti' ecr ° I , Court, lot; . , Mr. NoLAN, on the behalf of the (1e1 01 " 0 0 addressed the Court at considerable le - Ug(b' e bir contended that this must b e cous,idered as , { a c lee ' lition arising out of th e he a t o f R, gcoec , " tiop.—llhe Jury found the defethlant Gui/I:l>,' BIRTHS, j` i .. - On the Ist inst. at Dartitigtovi,the Lady of ArtlV-I r ' , pernowne,Esq. of a son and heir. " vs; On Tuesday moruing, Mi--4. ii,,,..jies, wife of Jiict , .. , vs; • ._,,... Sadler, 11, Pllnalie-street, Lit orpol, uf three & :ll ~''', P":„ On Thursday inorniii,t, at liii lwase in .(:arey-. 4 tr e li. g el i. eolo's Jim, the Laity of i liavid Puliocli J of the Mitl ,ll° j 4 Esi. of a sun. 1: Tiie ,fitne day, at his h o u se L . l Frisl)urv-squite; L l 'e P e 't of lien, y ~ '‘alisciti, 1.: ,, y.1.: ,, y. of a daught e r: - oe, tii On i'r . i,Lay morning., in Cli-ales-st reel , ilerlt-.1,: - s4 O - .. Lady of Ed sant Nadi:burn, E. of a, il-i ..i ~.;it.,...t. . _.,.....-"" CO-1L MARKET, NIA itcn I]. • C e, ok M Ships at arket. Ships sold. -r , ...,,, OJ, 1 Newcastle 1 7oi. 00 t . ( O •••'• 4. 1 Sunderland 1 ve r7/ , Cr. l ,i o l l ! LONDON : l'i int4'il by J. 11. c.-kits.r.cirts, No• ' f ' l 3r:'• ti ,c.' building's ; and publish i!d by W. - A. SC It!PPS , ° IOveLJO at. the SiiN:-Orrtcr, No. 112, Straw! ; wher e ldreP ' limits, Oiders,Letttics {,gust-paid),&c. tu u.it, Peak • • JI - .0 . 1E1). Pg .. Yesterday se'linight, aged 64, Edward Draliefov -i, 1 , LA "' Cliarnes-Ilall, Statfirrdshirv.. Lately, in llollia,cl, Captain Triiseott, of tlie llol' . 01 kre, son of the latQ,Adtairal 'f ruse.it.. •OP e.. On Tuesday lit , -,t,Tiaana3 Evans, Esq. of D 'll/N : f 'l ' - , L , ' •il• year of his age. / a 6,5 1 ' The saute day, - at Arnold-ilaee, Newin;ttin d i' 41 1 lO, Wiliiilln Marley. rit , . Oa Thursday, the 10:h inst. -at Brompton..Cle'f f e ,i,ft ° o .4 Mason Stafford, re:iet of Thomas Statrad, ! sq. " 7 ‘ : i i 7 6, ' , A few it.ayi sine, at Gwiner, Captain H. ; .,:e.,. Ili,' 4 ,i, of the first rainers in the CoOty of Cornwall. ,F ,, ° • :'' Lately, Nit.. Thinnas Wright, of Coseley, n', a ,", e icg'" ~/' a , ..,7ed 7!); he has left behind him 125 neplit•ws an" '—__.„/