The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-01 00:00:00

MR. FAUNTLEROI"S FAMILY.

The situation of Mrs. Fanntlemy can be better imagined than
described. She ctritinues in the most profound afftiction, and her
health has seriously punted from the anxiety and wretchedness
to which she has hem subjected. All that the consolations of
friendship and the warmest sympathy of those who knew her or her
husband (and many of the latter have brag sufferers by Mr. Faunt.
leroy'm conduct) could effect towards alleviating the wretchedness of
her situation has, however, been dune. and her pecuniary circum.
stances are not such as to occasion any anxiety for her future pro.
vision. A great portion of the itico,ne which she d.2rived from her
husband wiil now be lost to her. but we understand that ahe in-
herits from her mother a sulk:lent annual SUM to counterbalance
this deficiency.

At a late hour yesterday morning no communication bad been made
to her relative to the last moments of her husband ; but the Rev. 31r.
Cotton had been sent for, at her own request, from whom she will
derive spiritual support. and such informs; ion as :qr. Fauntleloy
in his last moments might have desired to communicate. Her ,cia
has been sent out of town, for the purpose of keerin; bin
from a scene, every object in which must tend to sh..rp:n his
affliction.
We observed the eagerness of the softer sex to secure places for
the exhibition, and cannot now omit noticing a circumstanee
which struck us a the very moment the fatal signal was given :
The house-tops all round were thickly peopled, indeed chirty with
women, both old arid young, aid on that of a shlernaker at the
corner of Skinner-stmt. an elderly woman had cln:nbereil to the

ridge, from which she must hare had a very distinct vizir of (retry
thing passing at the sea:lola ; hut whether it was from a sudden
impulse of fear, occasioned by looking down from her stupendous
essiessiop„, ear utither that s better feclin;,—namely. that of 'in.
pathy—on the irt.brot thafThe wretched man was latua-locd into
eternity. she was observed to reel Irvin the spot on which sSe loop&
and falling on the tiles, rolled clown into the gutters, rnere her
progress was happily arrested by a parapet wall, cr she n ust have
been precipitated into the street. To show the enterprise of the
set another woman got out of an attic window, and walked along
the verge stone for several yards with a basin of water, to restore
her fainting friend.
Much having been said on the "Oier! of its tieing the clvt• of
Mr. Fsuntleroy, hetore he left the world, to afford a c^inpie-z
velopement of ever, CiMITTI,ttr re connected with the alikirs of ;he
hanking. Louse which might he involved in any intriert7, One of
his friends had some omniruniretion pith him no this pant, -Oleo
he declared that he had alrcatly given all the :nformatiln that he
supposed would be Lunar-int ; y:t he was ready to er:cr is to every
explanation that might he requir.nl, although. c,ostdrrirg Wire, it
on the borders of eternity, he ci 11%1 hove de:irell that his th -This
might be as much as possible Ririe v.... 4 from the cone:tr.a of the
present life. It was intitnateil to :11:u ;:t a there cals:cd
difficulties in the accounts which i s Has rum. alore :I eluci-
date. He replied, that if tits hooka rr,r .:ugh;, he venni:l fame.
fuliy derWe Cue . t tie few hOOTS whi:to v.: manned to him, fi r C-e
ourpose of throwing light upon pir:s 4:1 theta that had hats •r,
been obscure. The books acre sent li,r t end wining
down with his Solicitor. with c.•r en,.o.n.able cunt he ca.
tered into tloe detail of sit Pll 0,11 fry,
thin, with that clearness a h sould be well
and donned satisitictory.

Corrox FAcron,rs.—Mr. tt, ".. • 7. •
abusing the "Cotton lard.:" in Ow
reiterant); his old caltitmtic.; al)ete the hr .t t,,-
‘Vhen he v,•:.s railing (fir li. dee,: ,I•tt ot, • :
jest before, we invited hint to e ,e.,e and 'A1:1 •'Z
IS ; and he all but tlecl.red, that w7tcn 1;79 " : !.7.; !
harvest" was over, he ut0t.1,1.. IV,. k:u'w 1: !...••
than to expect Itiot,becan,,, we bell•••:...!
his object ; and the ever:. ills pre:: ,I t',.,at ,sre "••.
It requires nothing but ;.• • •!
falsehood.; this l'obbetz do ; hot he it, t.'• -
fleient in those higher w; .
a titan to acknowledge er.'cr tilt
• tcr tiga,

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LAW INTFLLIGEXCE.

COURT OF KING'S BENCH—Nov. U.

'WIDOW AND Elret:TRIX OT IIA.IOIII lIITILING V. CO2 AND

GREENWOOD.
PIA this esue the widow made a claim against the house of Cox
Nati Oteeminsod, army agents ; from this claim the house endea-
voared to deduct increased ray of thirteen-pence a-day, advanced
to the deceased by order of the Board of Ordnance; the advance,
they said, was made under a misconstruction of the order of the
Board, and their object was to make a set-off of this item against
tas_demand.
T. SCARLET? maintained that they had no right to make this
sta-eff; as it was a standing rule in law, that when a payment was
*We in ignorance of the law, though in knowledge of the fact,
Ibis money was not to be paid back. The question was one of ge-
neral application to military ollicetts, who received increased ray
from 1808 to 1818. The defendants said, in their application to
the Board cl Ordnance, that in their capacity of military agents
the, made the advances under a misconstruction of the orders of
the Board. They admitted the payments down to 11116, as. up to
that period, they received the money ; but after that time they re-
ceived nothing, and therefore could not be called on to pay. The
plaintiff affirmed the house did receive the money ; this was denied,
and therefore the action could not he suprorted : it was brought
tor money hid and received, and it should be p•oved that the money
wag had and received.
The Loan Cnirr Jrsrlct slid, the action was for money re.
erived for the use of the deceased, and it was in the first place ne.
• mar, to prove the money to be received foe this use. The sum
sough: to be recovered was 1601 Ss. sd. and the points arising were
of law for the Court, and of fact for the decision of the Jury.
The most convenient mode perhaps of deciding the question would
be foe him to state his opinion to the Jury, and then either party
might appeal to the twelve Judges upon the ground of his mis-
direction. In his opinion, the account of the plaintiff; in tile year
1821, was an admission on the part of the plaintiffs that they had
received the money, and the question was. had they a right to
recal it, and reseitid what they had done? His opinion was they
could not, and he grounded hi. opinion upon this—they had received
instructions from the Board of Ordnance which they had not Com-
municated to the deceased ; they continued the allowance as usual.
It was Meat ioiportant to military men that their income should not
be represented greater than it really was, and prudent men would
necommodate their mode of living to it. AVM% the defendants had
done could not be rescinded, and he would advise the Jury to Mid
for tic Waintiff:
The Jury found accordingly for the plaintiff-160f. fas.

sumsma r. HILLIARD.
MT. SCARYETT said the plaintiff: his client. was a tailor, and
had worked for the defendant, an attorney. The bill due was a
just one, and "Amounted to WI. is. In one account there wa.
71. ;in the other there was 71. 7s. ; there was an additional
charge of iv. 4s. 6.1. If there was not a set-off the amount *mild
be &1. 10A. tid., hut Mr. 11 iliiard had paid 151., leaving 371. Iffs.
Mr. Hilliard au plaintiff's attorney. His atilt bail some law
proceeding% in the 31arshalsea Court, was arrested, and was
obliged to enter into bail beds. He was seized with the gout, and
the time passed by; an action was brought, and the costs upon a
s'ebt V. amounted to M. Ile became alarmed, and applied to
Mr. Hilliard to stop the action and pay the amount. Here the
plaintiff thought his mind might be at rest ; he employed an attor-
ney with more than sufficient funds in his hands. The expenses
at this time were 151. If 31r. Hilliard paid this sum, and de-
ihteted it Pont his debt of 371 the difference he would be entitled
to est in this action would be =l. This was not done, and an exe-
cution was put into plairniff 'a house, and he had to pay 421. The
plaintiff, instead of receiving, had to pay this sum ; and he had a
tight to recover not alone the original balance, but the costs in-
curred by the neglect of the defendant. lie had paid 42/. If
Millard paid the 1,,?. originally he would receive the difference,
221.. instead of paying the 421. These two sums should be put to-
gether. atd his client was entitled to recover the aggregate at the
hands of the Jury.
George S;uniner proved the dealings of the parties, and the bills
sent in.
The plaintiff's attorney proved various letters be had written to
the defendant upon the imbject.
Mr. CHITTY complained that plaintiff's attorney had watched
to take an advantage of the defendant. Ile would call LIP witnesses.
Verdict for the plaintiff' 641.

ALDEISON r. HAL !DAT.
This was an underended action upon a bill of exchange for
1161. 16s. Defendant was an indorser ; the bill was sent by
plaintiff to his lautdress in his waistcoat pocket, and came back in
•to mutilated a state that there was some difficulty in proving it,
especially as the name of the indorser was pasted over.
Bickerstar the notary's clerk who pmtesteel the bill, idea.
tifiedir, and the Jury found for the plaintiff; 2161. 16s.

TEENER r. TOENG.
The Co st aro x SERGEANT stated to the Court and the Jury that
the plaintiff was a carpenter who had worked for the defendant in
repairing his house. lie had received no remuneration fur his trou.
his except a check for bOl. which turned nut to be useless. IVhen
the pries of his labour amounted to 3001. he refused to work any
:ooger, and brought his action. The defendant affimmd that he
would give him as much trouble in the suit as he could, and if he
sant valuators to estimate his labour, they should be considered as
wilful trespassers. He did, however. suffer the surveyors to proceed
to a certain length, and then he would rot suffer them to go farther.
His client, however, would have no objection to a reference, if it
were arranged before the next Term.
Mr. IiURNET, for the defendant, would not resist the offer.
His client also had ground of complaint, in consequence of a vex-
atious arrest. Of this he should, on the reference, bare the ad-
vantage.
Verdict for the plaintiff 250/., subject to a reference.

CURIOUS FRAUD.
SHE ItMO AT TUE SPIT 01' J. PALMER MUMS
A. curronn.

Mr. CurTTY said, thiswasaniniiictinent against the defendant,
Clifford, tor having fraudulently obtained possession of, and re-
tained a certain bill of exchange for 1001., with the intent of cheat-
ing and defrauding the prosecutor. The indictment was founded
on, we believe, the Yid Geo. IL, and it was supported by the pre-
agent of the King v. Fermis : in that case money was obtained by
the defendant fur saving the plaintiff from being impressed, and
defendant falsely stated and represented, that be had such power,
as his uncle was a Lord of the Admiralty.
There was some discussion on the subject between the Learned
Gentlemen on both skies, when
The Loan CHIEF Joszicz said, he would exercise his own
judgment, and suffer the Jury to try the facts of the indictment.
There were four counts in the indictment, variously laying the
act charged.
hfr. OvitgEw addressed the Jury, and said his first object would
b In ascertain the facts, and he sincerely trusted the law would
reach the defendant if he was enabled to prove him guilty. lie
looped the circumstance would have the effect of putting a check to
a system which had spread to an alarming extent, and which ena-
bled those who practised it to impose en the unwary. The
tutor, Palmer. followed the business of a painter and glazier prow
Hackneysroad. Ile was in want of money, and advertised for a
loan of cum. at i 5 per cent., for three years. For this he would
give, as security, two smaleasehold estates, and personal security
besides. It was well known that a certain class of persons watched
fee these advertisements with a view more to their own advantage
than to that of the advertisers ; and be could not refrain from ex.
pressing his surprise at the want of caution used upon these area-
s:mg s it was Impossible to go through the world without perceiving
this. The only way of accounting for it was, that numbers were
defrauded by the speciousness of those engaged in the practice of
these frauds. After Palmer had advertised, he received a letter
from Mr. Clifford. informing him that, if the security were ap-
prnved of, he would raise the money for him, and directed him to
mill at his house, Ely-place, Holborn. Ile did so. The house had
a most respectable appearance ; there were three clerks. Clifford
asked if theses-entity were good, and wished to look at the houses.
Refight he was a conveyancer. The Jury knew there was an Act
of Parliament allowing those who were not attorneys to practice as
conveyancers if they were members of an Inn of Court. This was
the commencement of the delusion. Clifford, though a certificated
conreyseeer, was an uncertified bankrupt, and was actually a pri-
sorter in t 1.4 n.lao of the Renal wheu be answered this advertise-
ment for money, as it would be proved in evidence. Clifihrd of.
feted bills for the roomy at three and six months. Ilia client re-
plied, these bills would not answer him : be wanted the money for
three years. Clifford replied, the best way of doing it was, by bills,
which should be renewed when they fell due. The Learned Gen-
tleman then detailed the facts of the ease as they were sworn to by
the prosecutor : in conclusion, he asked the Jury if they could
have a doubt of the fraudulent intentions If they supposed Clifford
intended to procure the money, he would not support time indict.
agent t but if it was believed that the appearances made by him in
Ely-place were for particular purposes.—if it was believed that lie
slept within the rules of the Bench, end came abroad in the morn-
ing for the purpose of consummating Ills schemes of fraud.—if he
could be proved to be one of those who went abroad for the pun.
pose of ralsinri money under false
.pretences, the Jury would con-
sider him within the Act and convict him.

J. Palmer examined by Mr. Crt t T TY —I s a painter, glazier, and
builder, in Hackney-mail; wanted 3001. last play; offered as sects-
sity two small leasehold estates ; inserted an advertisement. in the
Timer of the 4th May, 1824, addressel to parents and guardian,
4lrerinr tte recurity of a mortgage for 3001. for three yeses, and as
as inducement a respectable youth would be taken apprentice with-
out premium. He got a letter from Mr. Clifford, which he has not
at prat:”. a. (liiffeird got it from hint.
I Here tir. mitice saved oa the defendant to produce the letter was
put in and mad.)
A letter wa► produced by deli-Merit's Counsel, as the letter in
lineation ; hut on its being read, Calmer ail:mall-9d. was not the
letter he received in answer to the advertisenitnit ; the srat lines
were the rem:, but there was a material alters its in the con-
cluding part.
In answer to the COVIT—On receipt of the letter he repaired to
Clifford's home. Ely-place; was introduced to Clifford, who asked
• benineas ; be was intmeneed by the younc men in the place,
poi he was showed into a private room ; be tokl Clifford he wanted
sic answer to the letter of the preceding day respecting 3001. Clifford
said he had it is in his power to raise the money, but wished to get
back the letter; he had much business of this kind, and it may
terve-to refresh his memory. He then conveyed the letter away,
sad witness never saw it again. ‘Vitness then mentioned the seem-
rtty of mortgage for the money : asked witness to sign a form of
Abe proceedings to raise the sums did sign it; asked the witness if
he had the leases ir. his pocket 1 witness bad them, =4 gave them
is him. Ile then Wormed witness there wan abetter way of raising
Sane, thin by mortgages Ma wallowed all a man's ready cash.

He asked witness for other documents ; his father's will, the
original lease, and refer( nce to prove his respectability; wit-
ness told him lie should have these doenments and referred
him for character to J. Prate, E.g. and others. Defendant
told him he hail much business that day, but would raise the
money immediately; had done it foe a vast number. and bad I
no doubt of doing it for him Called on Attendant at five o'clock,l
with the docunee:ts. Defendant wished bhn to call in an hour ;
would then go and see the estate. Had consulted his reterences,
and found them satisfactory. Defendant said, "Come to your
mother for her security, and draw a bill for DM. at three months."'
Witness objected, soil mid he wanted the moray for three yens.
Ile answered, " We will settle that: I will give you an engage-
ment to renew the bills as they become due.', Witness then drew
two bills, the first at three months, the second at six months. lle
desired wimese's mother to accept both • and said, " The money
will be ready to-morrow for you." lie did not say how lie would
get it. Ile desired witness to put the bills in his pocket, and to be
careful that he did not blot them. They then left the house of wit.
nees's mother, where this nick place, and repaired to the house of
witness, where he shewc.l defendant bis affairs, and how lie stood.
Defendant was perfectly satisfied, and said the business was settled.
Cron their way, they stopped at the City of Carlisle public-house,
and went into a private rumn. Defendant said, Palmer, I want your
bills to carry to market ; the money shall be at my office to-morrow,
at one o'clock for you ; and I will give you, as your security until
to-morrow, my own tails for the Sat Ill: sum, and payable at the
same time. This is right, as yon do nut know much of me." M'tt.
ness answered, " What an unneceesaay expense to go to for
stamps." lie said, " No; 1 have merely to go to the Stamp Office
and make affidavit. They are useless, and I will get the money
back." ISefenelant then took out stamps which be had in his pos.
session, also a paper which was an authority for raising money on
the mortgage: Witness signed these papers. Defendant then
went away, and on going, boasted of his respectability, and desired
him to come tomorrow for his money. Ills suspicions were ex-
cited, and he called upon Mr. Leant., the attorney, and went to
Clifford's. Ile was not at home. Witness said it was strange
lie was not at home to keep his appointment. The young men
at the house said he would soon be at home. lie *anted
five hours, but Clifford never made his appearance stall. Many
notes were sent to the house, as if from Chiliad, stating he
would be home shortly. He went the next cloy, and saw hint.
Clifford said the extent of his busittees must plead his spongy
for his absence the day before. ki'itness asked for his money.
Defendant declareed upon his word he had not seen his client
since. Witness said he feared his intentions were not honest; his
mother was also alarmed about her acceptances. Defendant said,
they need be under no apprehensions. He then implored him to
give up his bills; he would allow him all his expenses. He hoped
he would pity his mother, and not keep him ire suspense. ISe
Pendant said he would keep his word. Dennis then told defendant
he had obtained the bills surreptitiously, and that Palmer was de.
temiined to prosecute him. lie replied, "As to that, it cannot be
done ; we have merely exchanged paper. i hare his mother's ac-
ceptances, and he has mine; so I have no: ping to fear on that head.
They then went to a hlr. 3lusgrove, who collected the tents of
Ely-place. Be took a letter from this person to Clifford, and
left it at his lodging., in the Rules of the Bench. Ile saw the de.
fendant, who said to him, " W hut astir you have made about these
bills; how did you find out Aluegrove ?" Witness replied, that
31u.grove was interested for hint, and would intercede for him
about the bills. Detendai t said, ".Musgrove has spoken feelingly
fey you in this letter: there is no man I wish more to oblige,
call another time; 1 do not know but I may give up the bills, I
am quite sick of thern. Ile called every day during a fortnight.
At length Clifford said, "You should be more careful than you
have been ; you have learned a lesson that may be useful to you
during your life."
The Loon Cuter JUSTICE—I hope the lesson will be also
serriceable to others.
Witness continual.—Cliffned also said, we have made an agree.
ment ; there is no mention of money in it; shew it to your friends.
Witness then said lie would allow all the expenses if the bills were
returned. Clifford said he was entitled to 41. 10s. for viewing the
houses, to three guineas for making extracts, to one guinea for
reading the lease; upon raying this he got one of the bills, but
not the other. Shortly alter lie received a letter from the defend-
ant, asking him if he would not cancel the other bill. He remon-
strated with defendant for such a letter; he answered, such was
his plan, if witness did not accede there was no harm done; they
were precisely as they were. He gave up one acceptance, and that
was in compliment to Mr. Musgrave, with whom lie had a point
to carry. Sheinly after witness received a letter from defendant for
the balaree of 21. his., due net the expenses of the bill, and lie was
arrested by 31r. Gray, the attorney, on the second.
Cross-examined by Mr. ADO,. PllVS—liad no partners in his
business; some of the property belonged to his mother; some of
the bosses were his; the three houses offered as security, paid fill.
grourd.rent, and were let out by the week, at 13s. Gd.; had never
raised or endeavoured to raise any sums on these buildings, except
the 3001. for three years; reads and writes; knows the Tillie of a
four and sixpenny stamp ; is by trade a builder, painter, plumber,
and gluier; has also another avocation, which is not a trade; he
preaches the Gospel without either authority or licence to any
congregation that may be in the way; ha preaches in Webb's.
square, a most benighted neighbourhood; he preached also in
other squares on Sundays, when he had no better avocation;
sometimes in houses, sometinies in chapels ;; the letter, in an.
swer to his advertisement, was in his hands the Jth of May;
the letter chewed in Court and read by the officer was not the
one he received in answer to his advertisement; it was like it,
but it was not it; it was dated the Sib of play; the answer to
the advertisement was received on the 4th ; the two first lines of
both were the same. lle positively never exchanged bills with
Clifford. He indicted hint, and some time after he received
lOW. 17a. &I. for the bill. lie never presented Clifford's bill for
payment ; his mother's bill was presented when due ; there was no
charge or annuity oc these premises. Ile had other property on
which there was a charge for 1,109/.; for this he paid 11. per cent.
He told it to Clifford, who said he would pay off the ineumbrance,
and get money at 4 per cent., and thus he was near getting all bits
property into his hands.
To a question by Itlr. flentrer—lt was Mr. Watson's clerk
tendered him the lOW. 171. for Clifford's bill, and it was Mr.
Watson arrested him for the other acceptance.
John Dennis, attorney, corroborated the statements of this
witoess. _ _ .

---
Mrs. Palmer, the mother of the prosecutor, confirmed the state.
menu as far aside was concerned. She said her son was too honest,
and only fit for a mat for rogues to treed upon. Cliffiird told ber
that if the prosecutor knew more of law and leas of religion, it
would be better fur him. She offered defendant fourteen sovereigns
if he would give up the bill ; she chewed him the money, but did
not think it prudent to put it out of her hands.
The Clerk to defendant's commission was examined, to shew
that he had not received his certificate. lle, however, admitted,
that the assignees were content to have the Commission super.
seded.

Ambrose Parish produced the books of the Fleet, front which
it appeared, that Clifford was within the Rules when he answered
the advettisement. There were originally fourteen actions against
hint, six of which he had satisfied. Ile had the benefit of the Rules
until this indictment placed him within the walls.
The Porter of Ely-place proved lie could not pay the rates when
he Offal'.d to procure the motley.
31r. Arm'. mica was sorry to waste the the time of the Jory
with any comment on this case. When strippen of the glare that
was thrown about it, and when the witnesses were reduced to their
just value, it was nothing more than an ordinary matter. The first
and second counts of the indictment charged 31r. Clifford with ob-
taining bills of exchange under pretence of advancing money for
them ; this was not the case, for his client bad no funds to supply
this money : he never pretended to have these funds.
The LORD Cuttr JITSTict —The third count is, " Advanc-
ing or causing to be advanced."
Mr. AnoLeuue continued—The case reminded hint of the
usual dexterity strewed by Mr. Chia, in the bail Court. What
hail the bankruptcy to do with the case, or the payment of the
King's taxes r if the bills were obtained for the purpose of fraud,
the whole force of the law would be necessary to get them back, or
they would be made away with ; they would be passed away to
half a dozen innocent parties, who would be the sufferers. There
was no evidence to shew that when the bills were changed money
was promised for them. The prosecutor had repeated his testi-
mony as a child would his lesson from the Psalter; be had his
charge by heart ; he was not so simple as his mother represented
hint. Preachers were not generally dupes. lie felt conscious there
was no intention of fraud in the transaction, and he would feel dis-
appointed indeed if the Jury said otherwise.
Humphries, a clerk to Clifford, deposed, he was the bearer of
the original letter to Palmer, and the letter produced in Court he
believed to hr the identical one. „ .

In his cross-examination he admitted he was not a regular clerk
to Mr. Clifliad ; he was in his office to learn all he could ! neither
could he remember when he went there, or when lie left it. His
business was to frequent coil-se-houses, read the papers, and when
he saw a money advertisement to copy it, and letters were imme.
diately written by Mr. Clifford. according to his extract. Ile be.
liend the furniture of Clifford's house, at the time he answered the
advertisement was not wrath five pounds.
The Loans Cut EE JUSTICE charged the Jury, who rctnrued
it verdict of Galey on the second and third counts—Jtfoi Gritty on
the brat.