The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-08 00:00:00

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OP .11 RAI ANI) CO.
THE ILING v. W)!. ILS4I. 5E:4.

consequence of • report of the case, which was published at the I
titre, Mr. Cooke, iu le fry days after, made an application to the
Courtsprove on behalf of Mr. Codd
th, praying that be might be examined,
to di the cauernert at had been made of the athaunt given
he him ef the ineolvent's property. The Court refused this apply. '
eunn. en the tensed that 51r. Codd was no party before the Court;
end if he had been mistepreseeted, he should apply to atinther Coast
tar entrees. Mr. Heath, who was Counsel for the insolvent, soon
1 ter made an application on hit behalf, to be nibs'. d to examine
.er. Coed, tun., and other witnesses, to answer the charge made
eisainst him by Mr. IViiftlesun ; to which application the Court
ceded, mid the inn:lvied came up this day, in pursuance of the
tenter made out.
AT- EICATIC the insolvent's Ceunsel, inanatiattly proceeded to
e nitnine h's witneasta.
iietiry Itreeke stated, that hr was nequsinted with the insolvent
teesicterahle length of time. The tissolvett users him 100 f., and
nit a wit of Which, atones, is at present in 11'Ititterym-street prison
f.,t octet. In the cal of Ic.r. he ~grerd with the insolvent to draw
Mil se. him for about Bele to rare mut ee ; if lie succeeded in
• ...sing the bill. be was to restive Si. out of it, int account of the
e tereet due to him on the sum the insolvent nes indebted to hint.
tele the let of January ilta, he went to 31r. Salter, and asked hum
i.l-ether he would discount Mr. Craven's acceptance ?
_Mr. Salter
csid he never discounted; he !icier gave part money and part goods
.: bolls, her meddled with bins at ail, except when he toek them
I% pigment of gond'. %Wallets told Mr. Salter that he undersurnd
ow esolvent had a consi lerable property at llockhani Mills, in
t%trfey. where he raided, which he rented of Lord King; and re-
need Mr.4l.lter to Mr. Codd, where Mr. Craven made his bills
! syeble for an account of his solvency. The insolvent had before
iaio eenees:het lie hail a considerable interest at llockhato, and
• :'sal on it at the time, but had • lodging in town ; and had also
••..i :,e would he willing to take plate to the amount of 1001. for a
i •!. as i.e wield want so mush foe Ins own use. Witness after-
: ..tte isili.d, with the insolvent, on NIT. Salter. and lie agreed to
tve: the MI! in payment of plane if Mr. Codd gave a favourable
tie...i.mt of him 7 b.:t said it most be at two meows, and rot ex.
e en! InOt. as they were strangers io him. l'inte was obtained from
Mr. Salter. uu the 3d of January nerd, to the amount of Xi/. 4s. 6.1.
:Or the insolvent's acceptance to witness's draft at two months.
the witness was cross-examined by Mr. Poeson it, and stated,
that he had been at Sir. Coddhi four sir five times, at the insolvest's
desire, to speak favourably of him when he referred persona there to
whom he was passing bill.. Ile got 7.1. front the insolvent the day
1.4 e plate was purchased from 31e. Salter; part of the plate nos
.114 to Toler the money. Wittiest' had once before drawn a hill
on the insolvent for WI. and mimed it.sua which occasion he me.
calved three pounds on account of the interest dine to him by the
resolvent.
Edward Serimus Codd was examined by 31r.CoosE, Counsel
fur the ineolvent.—Witner, is son of Mr. Cudd, the army agent,
nrd ads fur him as clerk. In January, 1623, a pc:son COMO to
R1,1)C,01 to inquire about a bill of the trisolvt.nets. Witness had not
stem ham since, and would not know him again. Ile apnke of •
efr of woe drawn by tteeike on ('raven ; ht did nut ash whether
Mr. Craven heel Ball. a-year cumin- throne!, their hands, butt ked
%tn.:o,e he thntieht lie was worth three or fort hundred pou, to
n!,ien witness replied, that he believed he wits. The insolvent heel
before toil him that he had property at Ilockluitu Mills worth that
. _iii. The person asked, whether the ineolie;ll }IA any funds in
their hands at that time ? %V Mines said be had not ; they received
'...'n 4. sleet far his another, which was paid to his olden. The
pre m did not ask what credit they would give the insolvent, hut
niter.s toll him that the insolvent was respeciable, tied that they
W,N in advance for 'Me, sometimes 2004. and frequently lOW. ;
ale that they were at tied time in advance tin hint 11101. Mr.
.:.irranc, nue . f the clerea, was present at the time ; witness's I
;et. sr was not western. The insolvent's bills were frequently made
i ayalde at their otlice, and he in general provided for them ; when
: I did not, w i'n'n. heed no more about them, from which he con.
',weed they were paid.
trn his resat-enaminetinn, witness said the insolvent had fee.
queetly told him when& bill would be presented, and said he hoped
01M:3. 11f01:14t give him such a character as lie thought he desavetr.;
I of neither biotech' our Itrooke asked witness to give hint a good
et...teeter. Witness never stated to any we that the insolvent hid
any con of his own ',seeing through their hands, nor that all lite
till. were regularly paid at their house. The reason he recollected
Jos Levee:nation stilt die person who made the inquiry about the 1
i4..01. bell in Je.ntiery was, that he asked more questions than others
4..9 IIIAC iillUirlt, about the insolvent's bills, which were very
I:equent. 11 iment's hither was a captain in the army lied an army-
aesti; longer than witness could recollect.
M r.. 11 sot a addressed the Court on the evidence. It was im-
pessitle ter the insolvent to have been prepared with the evidence.
that eras given on his first examination, respecting the reference to
.!r. (odd, as he could have no knowledge of it before it was given.
The impression of the Court Oa that evidence was, that Mr. (odd
had given a false character of the insolvent, to enable hint frauttu-
tently to otnern Mr. Sither's plate. That impression must he re.
revved by the evidence that was now produced. No one could
neuht the evidence that had been given by Mr. Codd, and no one
ten.:(l believe, on evidence len than would be sufficient to prove a
umuele, that a respectehle Army Agent, without any possible mn-
i:se, should eater into a eunepiracy with the insolvent to enable
`tin lraudulently to ohtaiii a quantity of plate from Mr. Salter.
'a here was nathing more common than inieuderstandings in verbal
s ezemmicatious, wid he wound only suppose that Mr. Salter's
etopsetan innuntler, timid Mr. Cad, in the conversation he hint with
tern. 'flee centre:N.:Yon, as starch by Mr. Cudd„ would doubtless
he sufficient to satiety a tradesman who was anxious to sell his
geoda, that be might take the insolvent'', acceptarce at two months,
eis matt; and there could certainly be nothing ell induce 31e.
C. uy the insolvent had (utter hundred a-year received hy them
to
~ v. hat he did really say would Ovulates' be hilly sufficient to
Mr. fisher :ir take has bill.
rye
r. Pun LOCX nettled m
—lt was said Mr. Codd was a pectable
a !Innen that he .'id rot deny ; bet it die not follow that his
sett might not lisle ;ideate friendships, and it was proved that he
had ben applied to, to spirk favourably of the itmolvent. 111 r.
frercheesnn had stated tfael lie wert to Mr. Codd a second time, to
fencr.e .......etzt the bill, and told biro his suspicion that the plate
was mirchalcd to tittle matey ; that should have excited Ale.
Cadd's attention., and caused him to give a more exact account of
what he knew of the insolvent'. circumstances. But suppose 3lr.
Widdaton di4 miennileritand Mr. Cold, it was still in evidence
that the plate was hotight to raise money, anti it was :nanned the
ve-y day it was pitches eel. It was certain it would not be
given west it not for the good report Mr. Cseld hey given ci rite
IDIVIVeIIt a respectebility.
Mr. Commiesinner Beams, who presided, said the evidence
that had been produced that day, would materially alter the Judi:.
moat that was settled by the Court when the case was first heard.
be ;h in its terms and duration. The record made by the Chief
Commitsionez, before whom thecase had been heard, was, that the
insolvent was to. be renianded for fraudulently contrateine Mr.
Salter's debt, and without reasonable expectatiure. The evidence
of that day had relieved the insolvent front the charge of fraud,
h'it his want of means remained the same; for when a person
ni.es owed *Ail. preetited goods which lie could not want but fur
this purpose of raising motley, it was evident that those who gave
rum credit must ultimately surfer a and such conduct the Corn
would endeavour to review. The ineolvent was remanded for eiol t
nitrates front the date of his petition.
SIII.IRIFF'S COLIICI', SATvaDAY, Nov. 6.

TUE EIXO •. TUE GOODS AED CAATTEL, or urNitr
FAUSTLFRUT. . .

At one o'clock this day ;:ltr;sn; iMpanncllcd to institu:e an
Mirky relative to the Issuing an extent, at the suit of the Drown,
against the goods aid chattels (private property) of the prisoner.
Henry launt!croy, y unuant to his conviction of the crinie et for-
gni, sentence M. death having been passed upon him thereupon.
Oa the attendant.. of the PrOfes,ional Gentle Men Concerned for
eta Crown cot the issuing the above-named intent, it turned out
Vaal there were several extents agaitrit the joint prepcily ui Means
Marsh and Ce. ; in the first InSt.ttire, hw a bond given es a security
to tits late Majesty fur the nine of 8,000/.

THE NANO 0. W. MANilf, ESQ. Stl3llllellt.
Mr. PEACOCK, acting as Solicitor to the not-office. attended
weather with Mr. A. Gum nos, Solicitor to the estate of 111 e.sri.
and Co., to execute the said writ at the suit of the Crown,
.1 order to ascertain what property the vaid Wm. Afresh was pos.
..seed of in NM, to meet the security of the bond In question.
Crn the Jury Lei::g sworn, the first witness called wan Mr. Thu.
111.43 Dyer, che4. in the hottr.e of Al essis. Martin Stone, and Co. at
Isuatbard.street, han!:crs, to state Pa- account kept between their
Louse and Marsh and Co.'s. The witness stated, that he could not
*teak positively to soy other dune the account between the two
Guotpsmes. T., t!t h..st of his yet tinection, Wm. Mash's private
account left a hals,:in• or 3114. or 40/. to his (Marsh's) credit.
A conversation here to It place between the Professional Gentle.
mon, *hen it wa. agrcrr!, i', comr,,nence ofthe ah..enee of the
(-WTI!s of the house of .larch and Co. titat the inquiry s!muld be ad.
Jounied urn' seven o'clock in the evening.

IXTENT.-; OF THE CROWN AGAINST THE EFFECTS

The writ of extent in this case, attach was the ti.at for inquiry,
and which was :rdjourncd from one o'clock this forenoon until seven
tuts reentry. 11,,r0TC Ilsmc H UAW, Esq. llnder-ailteriff, and
a Common Jury.
Mr. l'sacoot. as solicitor for the post-office, and Mr. A.
o trio tr. appe.red, fee the creditors.
.le. Henchman stated, that a box of plate belonging to Mr.
Rlaresh. rallied at 44W., was scaled under this extent.
In addition its the evidence of Mr. Pyre, clerk to Martin. Smne,
aed en., who half been previous 4 examined, the following wit-
losall, wire le :11.
',ft. Arthur Cuthbert Marsh swam and cxaniMed —ls son of
Mr. W. Marsh, oi Iternere-atrret; as far as witness knew of the
private propene ri his frither (who is 70 years of age) lie Fame the
fcllnwii g partictilarat—Hie father has been thrice married. lie
has under the !arriage e?ttlement of his second wife an interest in
13.4 d. 3 ie,r cr!t. consols ; under his third wife's marriage
aestlement 3,11101 East !red's t..:mck, to the interest of which he is
entitled during his life. Witness, togeth?: with (ieuege Edward
/graham, were the trustees. Witnesa's father receives the interest
by annuity of 906 f. a-year under the first settlement, and 6001. a.
year under the serand marriage setilem.mt.
air.llwwettsu,—l)os this property arise by deed of aside-
Meal?—Certainly.
Mi:Hziocussan—Then I am of opinion it is neensary that
mob deals should be produced, as it is not competent to give evi-
-This stock had been sold out and invested
at, in fact, his father was entitled to the in.
After his fatli.l's death, the property goes to
the second marriage. There arc children by
Ell of ago (number not stated). li:s in-

Whet under his third marriage consists of 3001. a-year and two
houses in Bedford-equate; he has no issue of the third tarring.,
and be derives no benefit under that settlement until after the death
of his present wife, who is about fifty years of sr. The property
"ace the third =whine is 'feigned to witness an consideration of
a mortgage. At the death of the present Mrs. Mash it returns to
the absolute disposal of witness's father, but los is not certain d this.
In cam of no Issue, witness takes the reversion in fee, after his
father's death. The assignment to witness, by his father, was he
1816. The deeds are in the hands of Mr. %% Mena.% aohekee.
Witoess'e father has besides, under his first marriage satkinent,
a house in Skate-square, Chelsea, but does not know who oc-
cupies ft; his fathers private property consists, besides. of a pro*
missory note, not yet due, of John Wells Bonn, for 4,11171., which
will be due in May neat, payable to his father, and indorsed mar
as • security to the house in licences-street for any edemas they
might make on his father's private account.
A question here arose, whether an Extent of the Crown could
reach a note indorsed over as a security ?
Mr. 11 enetrusw was of opinion that it would, if not discounted.
His father was, further, in possmsion of a policy of insurance with
the Equitable Office, his property, on the life of Thomas Williams
IVillianee, Esq. for °,01.10/., deposited in like manner with the
banking-house in Iterners.strect; has, besides, five shares in the
Plymouth Dock. which are not assigned. worth 2001. a share ;
witness's father has also considerable landed estates in the County
of Hertford and Kent; cannot say as to his father's property in
pictures, beyond what were sold. On further examination, Willie.
said he his father are interested in carrying on the business
of Navy Agent*, in Scotland-yard. Witness is not a partner,
but has a salary for conducting the business. By indenture ex-
ecuted, it is agreed, that he !witness) shall at • future time be
admitted • partner. The debts from many nand ulcers to wit-
ness and father in his business of navy agent amount to upwards
of 100,000/. There are also debts due from that concern. That
will appear from the brooks, the accounts not laciog wound up.
Lie. ‘Villbum Dobson (the next witness called), clerk in thermos*
of Martin, Stone, and Co., of Lombard street, deposed that the
private account of Mr. William Marsh with that house on the 13th
September last, was 314/. Is. Id. On the nnintiug of the 14th,
the greater met was drawn out. They did not concave they were
matted to stop his receipts on the private amount, although the
bankruptcy was tiazetted. There was another account with the
firm of Marsh. Sil:hald, and Co., which stood front the 1!)11) of
September (11.0001. 14a. lid.) until the •2d of 1 tcrober, when 7.01101.
was paid over to the provisional assignee. (In the 14th the balance
of 31r. Marsh's private cecoont was 32/. 10s., and the sum now
remaining to his account was 21. Joe
31r. II Etienne/4 observed, if the inquiry was to go into the
banking account in Berner.-street, it would be impossible to get
through it this night. The Jury, in fact, could form no opinion of
the value of Mr. Alamb's interest in the hacking concern until the
accounts were wound up, and that conk! only extend to surplus
funds.
111 r. James Kirby, late clerk in the house of Marsh and Co., de.
owed. that Mr. `Gillian Marsh, son lied a private account with
the house in Bemers.street, the present balance of which was
1,9431. lls. 3d. in his favour. The accountant* the house were not
made up, and witness could not say bow far there would be a
surplus balance in Mr. Marsh'. favour.
A discussion now took place between Mr Henchman and Mr.
Peacock, as to the imperfect evidence of the value of the several
species of propert; in which Mr. Marsh was interested, 31r.
Henchman observing, that, with the exception of the plate and
houses, no evidence has been given by which the Jury cculd form
an estimate of the interest 111,. Marsh actually possessed. How
then would it be possible for the Court of King's Bench, in case of
sale, to say. upon the execution of this writ, for what sum, or to
was extent of interest remised by 31r. Marsh, the writ to the
Sheriff. de eendirione I.:pones, should issue.
Mr. PEACOCK insisted that the description given by Mr. Marsh,
junior, /4. houses and estates, besides annuities, promissory notes,
and policy of insurance, were sufficient for the object of this
inquiry.
Mr. Hcwctaaw still adhered to his objection, that th- evidence
of the annuities could not he received but front the contents of the
deeds thetneelves, as under the trusts ormarriage settlements ; and
in this he referred to the case of the King v. Anderson, in which
it is laid down that the King stands truly tht shoes of a debtor.
It was agreed, under this difficulty, to acljourn tits irqulry for the
present, and which closed tn.:proceedings at nine o okra.

_a3 CILSIIM &M MMus i.P.: 1••••
dean of the contrum.
1, Waters pnaceeded--T
is Wm securities ; but,
tenet pe thaw mom A.
bos dalautt, Issue of the
abet lootologs, wbo ore ■