The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-15 00:00:00

INQUEST (,l LtEli;r. EDWIND BAILEY.

Yesterday morning, at nine o'clock, a Jury, consisting of
re:Testable householders iii Hampstead and the neighbour
hood, was empannelled and sworn at the Lend of Hay,
Illaversbiek On the Hampstead-road, before Taiiet.es
Coroner for Middlesex. to hold an ingOei
*ion irk the body of Lient Edmund Raiky, of the tidal regi-
ment of foot, who was ►hut in a duel, on Monday morning,
near Chalk Fauns, as stated iu one Police Reports. The
body lay at the house of Mr. Adams.
Mr. W. Adam., of England-bow, Hampstead. noorn.—On
Monday morning last, In twerp nine and ten o'chir7-, as he
lay in bed, lie heard the report of fire-arras. He suspected
th it soon.. eientkamen were duelling; he leaped tilt of lied,
three sip his chamber window, sod saw foar Gentlemen
in a lied. (This willies, continued his evidence precisely as
slated in OW 13441 C-street (.11011 of Tileada).) Mr. Adams
contiaueil.—When he arrived in the field **here they were,
the phdols were tired a second time, mid he saw deceased
turn round; he suspected that lie wax wounded, and when
he got op to him liis !deceased's) clothes were unbuttoned,
and lie appeared to he wormileii on the right side, his shirt
was corweil wire blood. Mr. Theodore O'Callaghan t,',.4$
the presto, who fired at the deceased. Mr. O'Cier aghast
fetched a coach from Hampstead to convey the deceased to
his (Mr. Adams's) house. When they arrived at his house,
he recommended the parties to send for a peace officer, and
resign themselves into his custody. To which they at-
aeute3. While the deceased lay on the sofit, be ceded Mr.
O'Callaghan. and past oat his hand to shake hand.. which
was grasped by O'Callaghme. The deceased said, " I for-
give poi, for every thing has Iwo conducted Wllll the
greatest lintrunr; and if yen hint been wouis.!ed, 1 l vine
Would havt.•HCkUtiViitlizegi Iln• same towards ti.e "
O'Callaghan itistaistly replied, " My dear fellow. I and SUM
'that I should; and I wish 1 lead been worittiled instead of
roc I let your first ball about my legs; it passed
my limits and trowels; ai:d 1 a ish it had taken effect"—
%Vituess saw the holes iu klr. O`Caltagonit's outs.
Coroner—“ How do you know that it was
that fired at the deceased F'

Witness—o" the second:, Newholt and Phelin, after
they hail g:veit the pistols to the .].erased and (I't.:lll4ocm,
retire to the flank, 111f.',i011191 to their firing she wt. time. I
had just got over the gate into she field- when the pistols
were fired the last lime. Ibio ing the lime the parties were
at his Posse, Mr. O'Callaghan said Mitt I he. sle•crtoril
lists.. O'Callaghan and Bailey said that their me:l-
ing had originated trims the gamed of other parrots. Me.
O'Callaglioni and the seconds informed him what 41-il3 floe
rattle of the deceased and Mr. O'Callaghau tweeting; Lout
they begged hint not to mention it, and he 410 it with great
reluctance. Oss Saturday two getstlenieis (whom' ss ,ot ho
did nut titration) quarrelled at a lintel, and the pIN'SI.III
priscspalS (01511 highni. and Ballo y) were to have hi us
seriousls, and they agreed to meet 011 Slllltlay morning. It
was appointed that they .hunt.] meet at either the Whitt
Hart or Lisa.] of Hnv pill 1.1 API ; I hey tutsnodrs.tao,l
each other, and Balky and the lists 411311 for whom hr had
agreed to be seeuml, went to the %linty Hart ; and O'Callne-
han and the other Go istleman went to the I Arad of Ilay. Mr.
('Callaghan finding that Ilse parties did tint meet at the time
appointed, he took his friend away. Mr. Halley was
with his friend at die White Hart, and twang irritated at the
otlirr party net mewttiog them, lie went to hie hotel; wheve
the iptart el lira, emmiseneed, and he placarded O'Callaghatt's
friend, ostiol O'Callaghan placarded Bailey's friend. Melt
Bailey and O'Callaghan met at the hotel, they ch %aged earls
other with purposely avoiding to meet that morniug, when
a challenge o and they agreed to meet next morning
(Monthly), nut at a public-Morse, but out the ground where
they fought.

G Neville. of Eurhod's.lane, Hampstead, sworn.—
He belongs to the Tax 011ie', Somerset House; he hail too
know!, dee of the parties iu quesstati prior In Monday;
about ten o'clock nu Monday morning, 7111.. lA'. Adams and
Mr. W. Newholl called to him when he was a short distance
from his house, proceediog to town, and informed him lieu
a most unfortmate event had hippened.—thal a dwel ••had
taken place, and one of the parties was very severely
wounded. He went to Mr. Adams's house, and saw the olt,
ceased lying on a sofa. Mr. HodJ, sair4eion, of Hampstead,
was present, and attended the deceased. The dressed said,
" I know that 1 raiontot love lour." He asked, if the ball
had bees extracted and the eeceaserl replied. "Nu ;" and
said, " here it is," pointing at the time to his left side.--
He put his hand to the deceased's side, and fell the ball
through the skin. Thu hall was immediately extracted, and
the deceased called to O'Callaghan to rub Ins loft hand; he
osiool it was getting cold. (►'Callaghan was very much affect-
ed while ►ubbing his Mond, and said, " I wish the ball had
:woke my legs, and pre-vented any thing further." He after-
wards shook hands with the. deceased, and went away with
the pacer. There appeared to he mo auinancity hetweete the
parties, and they freepseally shook hands before they parted,
and Bailey said several times that he forgave (►'Callaghan.
O'Callaghan said, " I hope you Oise deceased) end I will, in
k-as than n *wiliest, be walks, g together slow II Bond-
street." The deceased ►eplied, " No, never; I pew the sun
rise this monitor, hilt I shall never see it again. I shall be
in heaven heroic that

Mr. George Rudd, surgeon, of Dampsleadl, stated the
nature of the wound, which hail uenetrated from the aide of
the naval through his 'towels (whith were injured in three
Waves) in a direction towards his left side, fo.nn whence he
extradited it. V pini exassiinits; the Mute ait el- his death, he
found that the walnut, together with the hemorrhage ilium
the bowels, caused hi• death. fie asked the deceased if
every thing had hems dune (Moly and b ably ? be replied,
" Decidedly so." Mr. O'Callaghan held the hand of ihi. de-
ceased at his rdidpiewt, soil said that the pusitaris iu which he
held it affoided him gnat relief ; and just helm e he expired,
he said to O'Callaghan and himself, "God Ideas you hulk for
your kind attention to me—l thank you." Mr. Phelan (the
deceased's serous) who was in the routs at the finer, and was
the private friend of the deceased, said that if he (deceased)
had any thing to communicate to his friends, to du it indium.-
diately. Phelan was left in the room alone with the &crass
nil ; he w■e co ;;;;;; wahine., by him to go to Irma, and oid his
return to Haumwtead hr gave himself up to the officers. The
deceased died between twelve sad one o'clock, aed the three
persona concerned with him paid him tem y possible att.
tom. They might have gone away, had they thought pro-
per. They surrendered themselves up to the officers.

The Jury, after receiving the above evidence, took a view
of the body. Three were several wonuils in it, whirls he
cremes! to bailie. It was stated that O'Callaghan httl
been twice wounded at the battle of %Vasco..

The Jury afterwards 'chimed to Ur Loud of liar.
The Coroner addressed the Jury. Ile deprecated the
Practice of 411801in:4 out only an immoral, but illecal.
That it was immoral, was evident ; because we have no tight
to take away the life of any permit., and nut the less because
t,ity pers.'n slinuld be foultab enough to consent to be shut at.
"Mkt it was the illegality of She practice that was under their
etissolleralitou. Ile Jul out hesitate in say, that if our masi
Ilta4 kaki, iu a duel, that Cut only the man who tired the
instal, but all wliu wen concerned, were equally criminal in
the eye of the law, which ileclared du in to he murderer*. 119
this case the parties fired twice at emelt other; that was a cif-
cum.:tarifr uiKni a hirh lie should toot animadvert, because it
ma. pmliahle the parties would stone before nnuttwr Jury,
minds he osuuld wish might nut be influenced by any
remit k he might make.

'r':u• Jury rowiteltesl about an boor, and at two o'cluek
I,llllllllWri a verthet 4.1.--111441 .harder uyftin.l Lieutenant
l'hevol..re 44'n:11001am, 744.44 us joiejok ppetan, gad row_
haat N. whorl, Lira. N.

The Causer is.weil leis wsirsint to the Keeper of New/Tate.

An lugoisition wan taken yoxierilly at 114 Falcon, Stittoa-
sirs..l, St. Arnie..., I.li S w hualy nit, Evans, .who aay
murdtmed I, lwr Ihislosid is Itailesubreg-writ, on .I,ttiolay
13,1

'Dole was no ri Mester in addition lo Mat whirl lippearta
!iNiri..lav in this Paper, felted C'ole Mariboenoirts-
i.ttert ill ihr erand tom a Mr. Jennet,a medic's'
u re",. d the Mows on MP bark of eite• bowl, • hick had
the okull, wsiA the came of mud Wilier, an
enderusks.i., who 1.111 11. sleceawil I llu them/ Kw. 4!:r 7er-
thci wad, 'Valid mitudfr tvainsl !Lc huolkahst

LAG' I.ITALL:GLA'Cr.

•••••1115....

COZ.TT OF CII.INCERY, Liscomes.lx,

WLLINkIIDAY, JAN. 14.

SMITH, in the matter ir!l *MtTII, a Leeatie.
Sir SAMUEL ROMILLY staled, that there OM
two petitioni; the one of his diem, the wife of the
lunatic, Mid the other of his mother : they both
preyed far similar relief—that his Lordship should
der‘ide Which' of them was nicest tit to have the
carrinte of the commissiosi isgitinst the lunatic. and
which ottglit to lw'spowititerl the committee of tin.
perion ot the I uunti r: The el tett imetnewe Inch caused
the loofori atone lunatic's enslieely was, that as lie was
• in the-neighbourhood of his seat, called Old
Mene, he fell from his horse, without
receiving any apparent injury. In a few days of-
terWairds he began to act wildly and speak inco-
herently. Ile talked of purchasing two thousand
nett-la land; and riveting a grand mansion. He
thed (dok a house at bordsteven, a wutering-place,
iced his conduct was so strange that is wits necessary
to hate a person to attend him wherever he weld.
At 66 time he weist :veto the sea for the purpose of
batlllog. and told his attend:alit that lie would swim
to the eppasite shore, and et eves only :0y “..tbefttir
s!renoti that the atteselaiit eochl
atteici:ring what %%3. 1111101,“:1111e. as. a, fitc% there
was no odposite she iv its sight. 'lnc Petitioner, his
• acCompailie,' 1,111 to this watering plitoe, Anil
• until hint every attelitaill that. his unlintewster
lady would admit of, or that the affections of u
• wile, torre.:.;!y attached to her partitercemild.devise.
She was, Lim...esti, obliged, so "cerium of larceny
business, to triton for a few dais to filed Mandl.
• and in her absence the other Petaiouer, his molted,
I,!‘"d hire remeved front Landsreven to Swantant,
, and refused to ullow his (Sir Sesame! Romilly's)
• to 'hare any .comointiicateote utile .bon.
• The lunatic; howeser. left his mother's .protec-
film, and resumed of his live will to' that of his
wife. • The question here was a very simple owe.
It was not whether this usefortunine gentleman was
sane or itisatie, for the inner was not disputed by
any of his friend', bet it was, who should have the
e.illiage of the commission, and the committee of
the lunatic's 'serum ? fltr would ask. who retold he
inure proper than the Petit 1111 l er, his Oleo It
was fir I.IIHII Li.. Oittthioll to bay any tintlg disse-
Sp...filed of the either Petitioner (the motheo ; lost
could the anxiety of u her, for the welfare of
her child, I* put in competilion with those of rt
wife. tepderly loving, Hod loved before the unfor-
tunate acciticeit wheel' deprived hint of his nation!
intellects? Ile was fully aware that his Lordship,
in all cases of this mince, did not look to the con-
sanguinity of the applierint to the termitic, but to
the comfort of the milorttinute person ; and where
there was a chance of his enjoying the little rays of •
reason left hits most, was the rare he ought to he
under. It was not then too much to ask that the
wife of the lunatic should be appointed the coin.
mittee of •his person.
Mr. HART. Counsel for the other Petitioner
(the mother of the lunatic), contended that Sir Sa-
muel Rumilly's client ought not to be appointed
the committee of the lunatic's person. There
were reasolis against it which, perliapi, it was
not necessary Itt' Stale in open Court, but which
his Lordship would make himself muster of if he
*UM condesernd to rend the affidavits. It would
not hr thought that he was sayetig ton much, if lie
observed a link; on the housted ;act:times of this
lady tinemils her hnabaud, after he was afflicted
with this malady. By her own ',hewing, it appear-
ed that she lett him at Lindoeven, only attended
by one Menial servant. anti that Wily shortly after
Insi*ing visited with the malady. An affectionate
Wily; ua she was stated to be, would not have so
left her linsbxutl ; for on business, • however urgent.
ought 16 have beets of importance sufficient to
have left him neglected. It waa riot nutil this had
Mien place that his client (the mother) had niter-
fercel; and he (the Learned Counsel) did lost
doobt when his Lordship was in frill possession of
the assents of heals petitions, that lie would be of
opinion that the mother of the uulintuilat•e lunatic
might to be appointed the committee of his
Sir S. Itomissv replied.
The LOUD ellANCELlarit—" I will read the:pe-
titions, mid the. affidavits ul siiploort of dwell, and
will &tide DO them as, I ti fist, I have always
done, by directing, that wliti•le will be most con-
ducive to the contort of the lunatic."

COURT OF KING'S RENCFI,

WEDNFIDAY, JANUARY 14.

Sittings before C'hici Justice E 1.1311101L017 Gil, and
Special Juries.

conDoN and OTHERS, Commissioners of Land

Tu.r, taxi. in n.

This net' was brought to recover damages from
the ()trends's' (as surety fur a gentleman of the
name of Simpson), for a breach of Contract. The
Plaintiff:4ore t Ise Com missi tttt er- of Land Tax, for the
Stewartry of Kirkcudbright, its North n
Mr. Simpson, an architect, eontructed with tin in to
build a bridge over the river lien. in New Gallo.,
way, in the Stewartry of Knieuribright„ anti his
satiety for the perfointarice of the contract, witii the
Defendant, Lidded The ',ridge was by the
terms of the contrtict, to be completed by Martian
mate, IBls—it was to be built so substantially, ar is
stand for three year., olhrrw,.e Sitnpoti and Loin.
'land were to be•tuccountuKle tar rebuilding it—but
neither Siqmstort nnr LoxiAtirl was to he liable fur
tally part of the bridge drstroyed 17 fire or earth.
gus'ae within that time. The br,dge was to he
s: for by isrstaltnents of Lono/. eadt—trod Mr,
Siotpscns heal receivrtl 3,00 n/. when lie abed. His
executors then priweetled rt ith the %cork, and t rceive4
I,IIUI. The was not, however, completed, by
Nlartinnsus. 1816—Thd the pint which was erecteci,
was ultimately washed away by a Hood. The bulge
was Hut since built—and for this breach of contract
drainages were now sought. The Defendant plead-
ed, •Itst, That the ettuttact ono t!ot his deed--ild,
'fiat it wee net she deed Or Mr. Siinpvin-3d,
That else 'bridge 11110 eci.opleted at Martinmas, 1815
—4th; 'rho! the PlaittiiSs had .11,itetaittil with (ht.
eillpltltirg the bridge-51!t, Trost befrre the hoi!,
wet.: stibi-,:ted and orei ei., „, thq "rt, tueu ^K

his hands by the Conamissioners—and tith, That
the bridge wee (feet royed*re.
Mr. SCA KLETT, ip opening the case, cihserved,
that all the pleat of the. Defieidtint, wire sham
pleas, and,,thereforetite should say nothing shout
them. . In Fact, flee oolr.poitit to hue cousidered
was, the genesal issue.. The • Plnintiffe were Coati-
ulimireterlt of Laud, Tie , for the •Stewurtry o f
.girkeudlaright, in SeirtlatilL7by whith class Of -
Itertheet 41telly of those duties *ire petronued, that,
• in this country. were executed bit le 31efstratere
It was found tieertaiery by thuSe kJ Anteii, in the
discharge of their luiniams, tio'itek a. bi Wee over
llte.
the river Kee, in tioe-euteite ut Galloway, end
• 'Stewertry of lie keeollnielst, as it Was subject to
greet floods. Saute fura4ei;e ere in existeuce fror the
purpose, awl the remnindelr-reato be raised in the
Sterrantry, by the Commiteitnierio, inoceeeling un-
• der the provisions of utt set Of Parliatpent. A
' Cattlemen of the mime of Telford, wed known,
particeiar'y ire Ireland cud, Benthind,. for his abili-
ties, was :eoplied to. . no; give in a plan' sod ape-
eitleatioin. for building' a•laridge, and the Commis.
moisere referred it to him to select a proper permit
to cute lea design. He, .iii ermsetteince. te-
commehiled "a Gentleman of the ...or s::ttist.,.
who resided at Shrewsbury; to'br;iiiitruct the Inidgt.
Mr. Simpson. lietbre he tinilertooL the task, o se.
mined the Water where •tli.' bridge was tt Je erect—
. lid, in Crump any snit Nir. Telford, aid oezro•ed to
i proceed with the work, ite;liite iielucel tile presaitit
Delmolatut. Mr. imeland, to becieur his (rarely—
' aud the action was bimiglat aLtainst knit in that
capaeity. Put, it might be inceesery to oboe' Ye,
that I;r.Biiiipeeto. elm wars &nil, had left ve-ry am-
ple feeds behind 'him. By the terms of the eon-
- • newt, 160 pa)} merit for butiolitot, the bridge was to
lieittsile• iv; insialments.•as the nook proceeded..-
4.6007.. to he adv.ineed belief, it e:ns finished, amid
the iilitehnoter on eainpletireeeeand it 'was to be
• inarfk.ted by Maitineras; 181'3; the bridge
Was to he erected ris novery d..ii4erotio•phree, it was
also enetrat•tedoltat it eleitald• he' built so sub-
ktoesirtilly'as tolibtsloll for three yews —the probubi-
;sty being, tliat..'ict it stood se loeg, it would all.
• seer perfeetly —hid if it Were enrirri away within
that tier'.ral, the erintra-rior was Millie to lie called
on to erect mirillier. • The there sachet of whielt
thee bridge cause:lief Were Hetet, mid the tipper
Works' were osi!v in he rompleted, when the super-
struCture tuidhlid tutu the river, in •consequence
of m defect io tlie fonittlition.• ' -At this tame, Mr.
Sillipsnis had died. tint,' Slenee. Ple!.l!lti "WI Tel..
ford; whir were his exeenters, Mid the former of
whom-was leis surety, procrieftel. to clear away the
rubbish, fur the pineoseirf betiding auother bridge.
Mr;Loxiatitl,liowerer.,•belleviite thet he might ob-
. .
yect to the eoinpletion of the cotitract, semi ghee
up the work. At .that period 40 lot, had hei is
paid. Under the contract, the Conitniseioners had
- a right to claim the erection of a bridge (on the
plata end wee-ideation* origintilly agreed to) diet
would steed for three years. Whet then war the
'emit/re-of damages? If the Plaintiffs wished to
act up to the rigour of •the laws ,they might, insist
on the building of such a bridge as he had men-
tioned; but this they did not rums to dn. They
laud no ptieute interest to Ilfrerg pad would, there-
fore, call only for the sum of 4,1101.• which tenet
been paid on ai•connt of the lirial4e—eleaving lathe
Defendant the field of selling the material,' to the
'heart advantage. The Ideate put in by the befeutl-
int were all sham—hut lie believed the real defence
would be, WWI eat Atte/see-that the deed war not
valid, shire alieratious hart been made in it with-
out the knowledge of the Defetidend. If this were
the fact, it would be a goods .defence; but he
should prose, that such stalk slat sloe case. Blr.
Scartett Was then proceeditvg to•eiplaittsortne disei-
milaritirs which existed between the tie-aft of the
contract and .the iiistrument iartf,. when lie was
interrupted by— • - • .'. • .
I,wni,EL LEN nououGH —tvW observed, that even
if the question at law •wete decided, with reseect
to the utterance' hi the east turnout, in favour of the
Dt fembmt, still room .would be. left fur an applica-
tion elsewhere. It would-nut do away all the (pies-
lions at issue betweentheiPartiee--eed, therefore,
he conceived it would be better to refer the mantis
in dispute, withoet any prejudice to tin se con-
' Cerned. Motley had heetoreeeiveti under the con-
trar•t, and the work had geneses—anti, therefore, a
C tof /equity wandd.J'ave much to say, whit It
'; tool(' net he disposed ef •hy at verdict. ...
Mr. SCARI.P.rt ',aid. 11111 the Pl;Uatiffi were a pub.
be Board, lie had no.doitht they would willingly
agree to what Isis LordshiP recommended, alilioegh
their :agent ip
.Vourt.bad no • instructions on the
subject. • , • ) : , • .
Mr. MiIItRYATT (for the Defend nit) did not
meat& to object to this props's' itlon. H.e Client.
however, he begged to observe,. oar, a mere 'meal ,
mill tieveekoeu pf, the alterations in reieetieri tiff the
instruments were declared on. He 6th' fed false.
that• a Court of Equity would' not ;Or; relief
against a surety who had been dist barged it lae.
Lord ELLEN BonorGit sto:d, louking at th'et (.34e
with e !newel telescope, he could see innestirrab.o
litigations growing out of it. lie the (wheeler of
the parties ever so great, or their purees eveeiti long,
they would be perfectly teed, by the peedetoey of
this slot.
After -o-ne further obsereaticins from tie Coun-
sel mi rocii side, the Jury retureed a verdict fer the
ere„„ia,_,tameees it/AWOL subject to a riereleliCe.
a
BRANDR4II“ and otilvvi v. Wu AivroN.
This wa. an action en 'a° Bill of Exeliativo for
'1;5401. 'I lie bill, which was dated the 10th of
.February. 1810. was dralWto fay Henry rutight,,,
sad Co. en Hardy, chlry, and Cu. pa:,• Ate to th-
eteder of the tlrdwer‘ lit six alaiiths fieteitratr; NMI
endorsed over to the Plaintiffs by him. - The De-
fendant pleaded, flee, that he never promised no
pay the hill—and; second, the statute of limi t ahem..
Mr. Meattearr, in stating • the ca..e. observe I,
shat the Plaintiffs had but recently discovered,
that, nt the time the bill in qUei•ties 1941 diatre:.
the Defendant tome A partner in the tmose cf
Unueliton and Co. who were the drnwers—A:l4l I e
should prove, that, from the year leek 'until 1:41
year lel I. Wharton was actually is pourer in t .:1
house. The igivorauce of the Maulers is this
point would seemed for the leteness of the pethet
ut which they stied the Difeedinat- Iletighttea
and Co. the drawers, had ',chime basil:luso, deal,
of tier their comnii4tote•the Present Plaintiff,, the
endorsees of the bill, had proved their debt, onsal.
rcecived dividends upon it, long Widths the tie

V

4

ti
. # i
.i

years prescribed by the statute of limitatiour, which
would, on the authority of many decided awes,
iake the debt out of the provisions of that statute.
It was proper to observe, that the house of Hough-
ton and Co. carried on two distinct businesses--une
pate of it wits occupied with general shipping con-
certo—the other, and to that department Mr.
Whereon belonged. was embarked testy io inset.
rancesnerolitirtus. Long after the bankruptcy of
• part of that firm, it was found that Mr. Wharton.
who had not shared the tome late. was a partner,
and against hire the present action was brotight.
Mr. Gardiner' a partner in he house of Hardy.
()Hey. and Co. deposed, that the arm to which he
bad belonged, had many transactions with the house
of Houghton and Co. He perfectly recollected the
arreptance of the bill, dated the 10th of Febenary,
1010, fur 1,5401. which was draws ht Houghtou
and Co. At the close of the Tear 1809, whites
and his partners were indebted to Houghton and CO.
out the in acomint, between 11 and 12,000/.,
and accepted the present bill. is part pat neat of
that deasand. The bill was drawn by &fr. Henry
Houghton, the head of the firm. It was Peeved
tinder his corniniesion, and some money paid on it.
The insurance account was kept separate from:the
general eccount. Witnees's house dad belittlers with
the firm of Houghton and Co. in a general way,
exclusive of. the insurance business. He believed
the Defetidaist was *. partner its the house of
Houghton :sod Co. before and after the bill war
drawn.
[The bill was here put in and read.]
W. Moretriori, an Attorney, produced the com-
missionof bankruptcy issued remind Henry Hough-
ton. It was dated the Stith of Merril, 1811. Wit-
ness also produced a proof of a debt claimed under
it on the lit It of May, 1811, by Mr. Brandram, for
the sum of 9i1191. 6s. 1 Id. The present bill was,
on that occasion, mentioned, as the only security he
held her that-stem.
Cross-exessieed.—Witnees had in his possession
a rrleirse given by Brandrain for all claims OH
Hong) and Co. He believed he saw it signed.
That wass long antecedent to the commission. being
dated the 11th of January, 1811. It was a condi-
tional release. The coodition was, that Houghton
and Co. should execute an assignment of all their
effects to trustee, named by the creditors, No
ouch essignment was ever executed.
Mr. Montriuu then produced a declaration of di-
sideed paid to Breathes] and Co. under Hough-
ton's commission. dated Novetuber, 1812. The
dividend their paid was 115/. 10s. The joint estate
produced a dividend of is. 10d. in the pound.
Mr. Scsat.rre, for the defence, argued, that
Mr. Mliarton was not liable. First, it was to he
considered whether Houghton, in drawing this bill.
meant to pledge the credit of a secret partner. It
was evident the bill was not accepted on the De-
fendant's credit—fur of that the Plaitstiflit knew
nothing. II was drawn by a person having a right
to do so, and using the name of Is specific firm,
without any notice whatever of the present Defend-
not, and the Plaintiffs had looked to other pettier
for payment. A case was decided in the House of
Lords, where it was held. that a smut had a tight
to select the ownership to which he would resort
for payment—hut, having done that, he was not
justified in proceeding against others. But tliss was
not the ally objection. He would, under the
statute of limitations, phew that Wharton had a
good defence. If this bill of exchange had been '
proved as a debt, under the commission, eo ;ton tine.
it would have operated spinet die statute of limita-
tions. But this was not the awe. Proof was indite of a
debt of 2,119/. fur which this bill of exchange was
held as a collateral security—and the payment of a
dividend under the general account, nut specifically
on the bill. would nut take it out of the statute of
LAVA ELLENSOROUGH held, that it was given as
• general security by the party, within the course
of the caries decided—and, therefore, the payment
of the dividend must be cuosidered as a bar to the'
plea of the statute of limitations but his Lordship
expressed his willingness to reserve the point, if
Mr. Scarlet deairril
Verdict for the PI • •ffs, 1,3131. 10v.—the divi-
dends received being deducted.
CROWLEY V. IMPEY mid 011111‘.
Mr. (In Rolfe stated, that this action was brought
by the Plaintiff. terminally to recover damages for
an assault sod false imprisonment. brit iu reality to
try the validity of a commission of bankruptcy is-
sued against him, under which the Defendants,
Mew*. Wiley, Ansley, and Grant, Commissioners
of Bankrupts, had proceeded to commit laim to
prison, as a contumacious bankrupt. In the month
or March. 1815, the commission in question issued
—sod the allegation opposed to it was, that the
Plaintiff had, before that time, becomes bankrupt,
that he was uncertified, and consequently, that the
second commission was null and void. It was only
necessary that he (Mr. G.) should prove the warrant
under which the Plaintiff was coin eee i e ted, sod then
it would he for the Itefendent's Counsel to make out
the plea of justification that had been placed on the
record, by proving that lie was a bankrupt. For
the satislisction of the Jury. however, he would
state, that the Plaintiff a few years ago, kept the
Quern's-I lend Tavern, in St. James's-street. He
had parted with that concern to his sister-in-law.
and removed to Paddington, when after • few
months residence there, a creditor sued out a coin-
shi.,airri of bankruptcy against him. Plaintiff pro-
tested against the cnitimiseiou on two grounds—in
the first place, a commission issued in 1808. when
lie resided in the North of England, still subsisted,
which rendered the last commission inoperative—
and, in the second. he defied any person to prove
MI act of bankruptcy, or of trading against lain, to
support the last commiroion.
Evidence were then called, who proved, that on
the 18th of June 1816. the Defendants, as Com-
missioners of Bankrupts, had signed a warrant,
cumin ii ing the Plaintiff' to the custody of the
Marshal of the King's Bench. without bail or
maisiprise, until lie answered, setisfectorily. certain
interrogatories put to I • . Ile had previously been
in the rules of the Bench, on two actiusis of mow
process, and for a contempt of the Court of Chan-
cery—but, alter the Commissioners' warrant of coin-
ointment cater down, he was confined to the prison.
One of the actions or mesas process still remained
unsatisfied--and he had not purged himself from
the contempt of the Court of Chancery.
Alr. SCARLBTT, on the part of the Defendants,

stated, that the Lord Chancellor. doubting the va-
lidity of the former commission, had directed an
issue to he tried. in order to set that point at rest—
but the Plaintiff had never thought proper to pro-
ceed with it. Indeed it appeared to be a friendly
continisdioit. The bankrupt was still uncertified—
he might get in debt as much us he pleased—and it
was a convenient thing to have the former commis-
won to plead, in order to invalidate a good one—
and thus enable him to defraud all those who would
trust him. The Plaintiff was a man of very sus-
picious character. What he had brought with
him from the North, besides his wits, no per•
son could yet find out. He had first set up a
Circulating Library, and contracted debts to a
large amount, which he 4101 not paid. He
nest appeared as keeper of the Queen's Head
Tavern. In that capacity lie also ran deeply in
debt-..and, when called on to pay, he assigned all
hie property to his sister-ins-law, who, when triter-
rogated on the subject, never could state how she
got money to pay for the concern—what sum she
paid—or through what medium the payment
was made. All she-eould say was, that she gave
a valuable consideration for it. With respect
to the trading, that could not be denied—amid
be would eerily prove the petitioning creditor's
debt. As to the act of bankruptcy, he would
she, that the assignment was fraudulent—and,
by the statute of Elizabeth, a fraudulent assign-
ment constituted an act of benkruptcy. He
would, beyond this, *hew, that the Plaintiff was
frequently denied to persons who called on him for
money—and although some of those visits were
paid. after his name was taken down, and that
of his sister-ins-law substituted, the alteration
made no difference, if it appeared that this
was a 'natter of collusion. After the commis-
sion was issued against the Plaintiff, his sister-hi-
law brought an action in the Court of Common
Pleas, against the assignees. to recover back the
property they had balm iintisesiffou of. In the first
instance, a verdict was given iu her favour (or ra-
ther in favour of Crowley, who was the real Plain-
tiff in the case). but it was afterwards set aside—
and, on the subject of that action some material
evidence would be giveii.
The commission of bankruptcy, doted the 7th
of March, 1815, and a promissory note fur MIL,
bring the debt of the petititming creditor, Mr.
Alexander Webber, wine merchant. of St. James's-
street, were then put in awl proved.
George Lovett, who lived as waiter at the
Queen's Head, proved the trailing. When the
commission war taken out against Crowley, he took
a house in Paddington. But, before lie gave up
the louse in St. James's-street entirely to his sister-
in-law, Miss YOUlig, lie used, fur about three weeks,
to go out after breakfast, at nine or ten o'clock,
and not return till night. Miss Young answered
all inquirers, that slit did nut know where lie was
to be found.

Charles Morley was porter to Mr. Crowley for
four months. fie quitted him on the Ist of May,
tsils. Before Crowley went to Paddington, per-
sons frequently called for money, hut he did not
know their names. lie was desired not to tell
where Crowley was gone to, by Mips Young. While
Crowley was in the habit of sleeping at St. James's-
street, and keeping out all day, many persons call-
ed for tuottey.
John Duncan called many times at the Queen's
Head, for payout-in of a bill drawn by Mr. Webber;
but, except un one occasion, Crowley was always
denied.

Thomas Cotton had also frequently called at
Crowley's house, in St. James's-street. on behalf of
Mr. Hayes. but could never see him.
William Nimbi, a Sheriff's officer, had two war-
rants against Crowley. and endeavoured to serve
them iu February, 1815. He called 20 times, and
never could get a sight of him, or learn where he
was to he found.

William Martin recollected the action brought
by Miss Youug against Crowley's assignees. for
the recovery of the furniture, &e. In a conversa-
tion he hail with Crowley, the latter stated, when
his sister had a verdict. he would get possession of
the property aglow, to the amount of 3,0001. He
said, that the property was assigned over to hiss
sister-in-law by a friendly appraisement—part of it
was paid by a bill of ext hatige, part in real bank-
notes—and part in sham-notes.
-- Mist was present when conversations took
place between Martin and Crowley. He heard the
latter say. if his sister-in-law succeeded, be would
repossess the property the assignees had taken—
but witness heard nothing about sham-notes.
Mr. GURNEY declined his right of reply.
Lord Et.frannuouoti put it to the Jury, whether
the Plaintiff had not endeavoured to hide from his
creditors ?
Mr. GvIIIEY consented to a non-suit.

OLD BAILEY, I -ANVARY 14.

These Sessions commenced this day before the
LORD MAToR, Mr. Juptice ABBOTT and Mr. Jus.
rice P•au, the RECORDER, and a Beoch of Al-
dermen. _ _

The calendar is free from any very heavy offences
(forgery excepted), but the number of committals
is considerable. Pharr are at the London side 37
cases, and at the Middlesex 167. Of these, 15 are
for forgeries, 13 for stealing in dwelling houses, and
120 for larcenies.

State of the gaol of Nessate
Convicts sailer sentence of death-28 males, 3 females.
Vanier sentence of transportation for males, 19

For fourteen years-4 make, 5 females.
For sewed years-49 males, 33 females.
Regarded during pleasure, 3.
haprisomml fur misdemeanors-22 males, 21 remain.
Primmer, ea whom judguseut is reepiled--41maks.
Primness foe trial-160 males, 44 females.