The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-18 00:00:00

• %.

the defendant's garden, where it was supposed ao be. This witness
sate Bitd ascend the wall sad get down on therOt her side, immedi-
atey alter which site heard the report of a gun, and saw Bard, who
had been shot in the leg,atit much injured.
Another edibles preyed that Bird on mountl,ng the wall cried out
several times, fur.the purpose of nietrtainingli any panto war in
the garden, and receiving no answer, got tlypwn on the other side,
when he stepped on the wire, aid the *cadent immediately w-
e:incl.
Mr. .1 liouise Llewellyn and enntlier witr.ess deposed to having
warned the dehothint, on ascertaining he had planted a spring-gun
1:- big wades, of the propriety of patting up a notice to that (Wed,
L. t detentiar.t dial not attend to their suggestions.
It was admitted oi. the part of the defendant Viet be heti set the
gun in question. and /that Bird'entered the garden for an innocent
purpose. `e
Tbese were the forts of rh' case. It was then agreed to take it
for the plaintiff, danives 30/. subject In a 'menial cure, with
er•.....-t-e verdict for the defendant should the legal point be
ieciden in his favour in the Comet above.
istreeere_esse.
LA IV INDELLiGE ATE.
COURT OF t!TANCSRY, Wrnvreu,ty, Avis. 17.
HABEAS CORPUS.

ince. basing tekeir the trouble of coming here; and that Judge's
dieehtiori might have been obtained without prejudice to a subse-
4ur:: application to this Court. The tenth was, that the exatui-
r.ntion of the bankrupt could not be considered (in the opinion
of this Court) satisfactory to any ,budge—the result of that was,
the bankrupt could not be diacharged. Again. however, the Court
could but recommend the Commissioners to call the bankrupt once
ore before them.
'lr. IfART said, perhaps it would be remembered that this was
(Le bankruptcy of which there had been so much dillicuby in
getting tbe proceedings under it out of the bands of a petitioning
I.:editor, of the name of Stakes. The truth here was, it' he (Mr.
Hart) llati been allowed to state his case, he would have shown,
that if this bankrupt won rot permitted to swear in the wholesale
manner, iu which he had been swearing, there would be twenty
shilling in the ponr.d to every one of his creditors.
sir. Svc age: could see no reason why his Learned Friend
alLudd make iuch a statement, w the prejudice of the prisoner.
Mr. Harty said the necessity for his making such a statement
was, that the creditors of the bankrupt should not be considered
by the public such a set of harsh creditors as the bankrupt's
;tumid could represent them to be, because they neither asked our
v.ish,:d for my d‘ingou earth but to have justice.
His LORPSH I P was perfectly satisfied that his present deci.
Mon did not break in upon any previous rule ever laid down by
him.

IN THE XVITER OF /A 163 PALTHORPr, A WARD Or COURT.
The ein:uinstancea relative to this young lady, who is a minor,
and nutlet the control of guardians of her person and estate, ap-
pointed by this Court, were mentioned to his Lordship the other
day. namely, that she had eloped with a young gentleman to Gretna
Green and got married, and that the parties, since their return, had
tr.detvouted to confirm their union by repeating the ceremony of
marriage •by banns, but which the guardian of the young lady's
estate (her other guardian being dead) had forbidden, and had
brought .tbe matter, for his own security, before the Court. Ilia
Lordship, on that occasion, suggested that a short bill might be
tiled in this case.
Plr. AGAR this da► informed his Lordship that a bill had limn
find, playing that the property of the young lady might be settled
upon het, and th►t the partici might be at liberty to celebrate their
marriage according to the ritual of the Church of England. The
kiitardian did not wish to do roy thing in the matter without the
'sanction of the Court, aatl he therefore waited his Lordship's dime-
tionhow to act. . _ _ _

The laor.n Cstaxcettoa observed, that after the young lady
had been to Gretna Green he should not now direct that the parties
shou:d not be married. It appeared to him that the best thing
that could be done wu to adopt that course which would remove all
diatibts about th. marriage. If the parties were married at Gretna
ritreen their ►eing again married would do no harm t and if they
were tot be thought at was expedient that they should be married
hb►. As to the settlement, lit It he referred to the Muter to say
what amount should be settled on the lady, having reference to the
riecumst ante' of the parties.
vi-ranTE imix.woon, ix NE HOWARD AND GIBBS, DANZ.

RCPT S.
M. MONTAGU stated, that this wasa petition from Mr. Bur.
wood., the messenger under the commission of bankrupt issued
ara,inst Messrs. Howard and Gibbs, by Mr. Campbell, and which
lush been superseded by his lordship on the ground that there was
co &tit frnm those persons th the petitioning creditor. The prayer
us the present patitton was, that his Lordship, under the circum.
stances, would be pleased to order that Mr, George Smith. the so-
lamer to that commiwion, 'bothd pay the messengi,r's bill, lie being
In fact the real petitioning creditor. and the sole concoctor of the
docket struck against II ()Tani and Giblit ; Mr. Caniphiil being
only an instrument, n mere in in of straw, made use of by Mr.
Sandi to serve his own purposes. A petition had been presented
on chit subject to his Penour the Vire-Chancellor, who hid thought
proper to dismiss it with costs. Ile (Mr. Montagu) understood the
reasoc for this waa,tthat his Honour considered there was no e7l-
-41 r. Smith bad notice of Mr. ('ampbell's circumstances.
If it was meant to say that Mr. Smith had not legal no.iec, then ha
soncurred with his amour ; but if it wits considered that Mr.
Sidfihlttad no notice at all, then he differed entirely from that
•lec., t far the whole matter turned upon this question of law,
ther an attorney being present at the examination of his
Eat before the Commissioners. and being asked upon oath
othwthse all that his elitnt had said respecting hint was
teas led he admitted that it was 'true the question was
le that admission could be given in evidence against
Isi -,..1ik LMr. Montsiro) (always thought that what he might'
ler
sirs-w—a.e.:l,7,*(lll3onevoaidietr:ctoe aaains3.kinasiseillinmsrleretiall
tlcttays Il ti
ay.t lux ; ,but bit Borrow. did not tonsitkr it so, an I said that the
egstairtatiob of Campbell could not be read against Mr. Smith. and
dainiuid the petition wish costs. The question fur his Lordship
to decide was eery simple. lie could not think there would be any
dint, nee of opinion as to the law upon the subject; because of
cour, he would admit that the principle was, that the attorney wail,
not, liable to the messenger ; it was the petitioning creditor to whom
the meastenrer a. to look for payment of his charges; Nit al.
fh:itigltAbis tale was gene ally trite, vet it was not universally so.
Cif* &roe. might occur to affix a liability on the attorney, and
hecultist
. d:
pretesteras to partake of such ciicumstances, se
as to. c rge Mr. Smith with the expenses incurred relative to tble
con mission. Mr. Campbell was the stalling-horse of Mr. Smith,
who in point of fact was the real lit:Mooing acciiter. The persons
in this drama west Mr. Kent. a groat discounting man, through
the medium of the hence of Howard and Gibbs. Ile was the chief
porformer in the piece. He happened at that particular time to
hold two hills, accepted by ilea ard and Gibbs her 10001. each,
witch It was desirable to get discounted, but as he could not have
conveniently issued the commission of bankrupt, he transferred ,
the b:lla to Mr. South. It would have been very, awkward fur
that geittleuutr. 'to hire Issued the commission, and have united
tlic tan characters of petitioning. creditor and aoli,itor in one
peorin, he thetefore west to Campbell, a surveyor and inc. 1
timer., and, under pretence of getting him to discount the
Vas. so contrived to get his name introduced into the trans.'
ac that when the bills were due and dishonoured, this
Mr CampttU was bidecdiately used as the petitioning creditor
ace,nat Howard and Gibbs. The Court. however, would not let its
proms be so abused, but would ace the promicty of making this
atturnog pay the messenger, when this pauper petitioning creditor
shoreld be removed nut of the way. There were two propoeitions
to be orasitlereil—tirst. was 3lr. Campbell the pauper whom he had
'pt.:limed hint to be ; and if be sere, was tl,h, a species of con.
',Wane* resorted to for the purpose lie had said it was ; if so, the
angels, thus acting was bound to pay the messenger. With re-
gard to the Snit point, the j.eari.eil Gentleman read parts of the de.
position of Mr. Campbell helve the Commissioners, by which it
aggeared he was a person in interior circumstances at the time this
Issnicaction took place, and not at all capable of advancing a sum
of two thousand pounds bilk of exchange. In support of the
swops - " that Smith ' the ."

c mere contrivance len It is pan, the Leaned Gentled= said dist
Campbell, in his examination, stated, that Smith called on Mtn, on
the 27th of January, and asked whether lie could discount two bills
of 1,00(11. each, which would be due on the 6th of February. Camp-
bell mid, he thought he could, but he was not quite certain , that
he had not the money by him, but would apply to a Scales on
the subject. Smith then said, Mr. Kent, the holder of the bills,
was anxious to get the money, and that if he (Smith-) was sure
that Campbell could procure it before the bills became due, he
(intith) would advance him LOON. to enable him to discount one'
of them, but that it was to be kept unknown that the money came
from him. Accordingly, Mr. Smith kept OM of the bills, but tied
not pa., any money to Campbell, but went and paid it at once to
Mr. Rent, so that no money had come From Campbell at all.
This, however, was what the Court was required to consider se an
advance made by him to Kent, On the morning of the 7th, Mr.
Scales discounted the other bill, and Campbell paid the money user
to Smith, but this was not the bill on which the cominiseieut was
founded. The bills became due on the sante day, and Campbell
went to Howard and Gibbs's office, where he found a crowd of
tomes assembled, exclaiming that Howard and Gibbs had de.
retard them of their money, and had fled. Campbell retetned to
Smith, and the docket was Immediately steak. This statement
had been admitted by Mr. Smith to be substantially true. He
(Mr. Montagu) therefore. conceived, that if these facts were
proved first, that Campbell was nothing but a pauper, and secondly,
that Mr. Smith knew who and what he was, then the whole was'[
nothing more than a mere contrivance, cW'ctrtl by a species of
machinery. the most awkward he had ever heard of, for the put-
IWISC of procuring a docket against that noted house, which Mr.
Smith, no doabt; thought, would be a mom excellent Ming; but,
if he were to have the sweets, he must also take the sours ; and lie
(Mr. Montagu) conceived it was inelisptitable, that an officer of
this Court, being the contriver of such a commission, might to pay
the expenses which had been incurred by it.
Ale. Holum, on behalf of Mr. Smith, said he was quite sure that
If his client had heard his Learned Friend (Mr. Montagu) state that
he was the principal actor in the drama of the bankruptcy of
Hemel and Gibbs, he would be very much obliged to him, for he
(Mr. Horne) believed Mr. Montagu to be, not only a great actor
in this commission, but the very Rocha of bankruptcy. But to
descend from the langusge of the buskin to that of common life.
This petition was not so bold as the arguments of his LettruedFriend
had been. The arguments had assumed Mr. Smith and Mr.
Campbell as being cempletely identified, but the petition did not
state any inch thir.g. It only prayed the Court to make an order
upon Mr. Smith to pay the aseseesgerea bill. As ft/ as he could
understand this 0144. there never was one with fewer facts to sup-
port the eloquence of his Learned Friend. How were the admit.
aims of Mr. Smith to identify him with Mr. Campbell ir What
wore the facts to prove this Identity ? His Learned Friend had
not stated t 6 them. Ile had gone into a long scooted about Mr.
Kent being an amateur in discounting bills, which had nothing
whatever to do with the case. Ile submitted that there was no
sort of identity shown to exist between Smith and Campbell. Ile
apprehended it would be monstrous, in such a case as this, without
any other fact to support it, to maintain that the admission of Mr.
Smith constituted a proof of his being cegnizant of the circum-
stances of Campbell. It was Incumbent en the petitioner to prove
that Mr. Smith had so identified himself with Mr. Campbell, as
the petitioning creditor in this commission, that although the law
said that the petitioning creditor was the only deldor of the Mee-
senger, yet that, in this case, the attorney should be so. The iden-
tity too was not confined to one single isolated transaction, but it
ought to exist throughout the whole proceedings. Now, if his
Learned Friend could make out that, he would have established his
case, but if he did not prove to that extent, his case must fail. If
the ease had rested only upon the petition, which contained no al-
legation of identity, it would not require a moment's consideration.
His Learned Friend knew that there had been affidavits tiled, but
he had not thought proper to refer to them but his Lordship
might, and lie would there perceive that there was neither fraud nor
collusion in the conduct of Mr. Smith, that that gcntle.nan had
acted professionally and correctly in this matter, and if he did do
so, there was sn end to this petition. Ile therefore hoped Ilia
Lordship would consider the judgment of the-Vice-Chancellor to
be correct. This was a sort of speculating petition on the part of
sonic persona; but he was sure his Lordship would not let any
prejudice operate on his mind from the circumstance that this
affair happened to be connected with the names of ITeward and
Gibbs, which was mentioned by his Learned Friend, with as
[ emphasis that was obvious, but for what reason. he could not pos.
sibly conceive ; it certainly was not required in the arguntent of his
_ . .

Mr. Tagstorg and Mr. KWTOIZT followed on the same side,
and submitted that this was in point of fact subjecting Mr. Smith
to a jecond trial, for a transaction on which his Lordship had al.
ready decided ; for when the motion was made for superseding the
commission, it was also moved for costs against Campbell and
Smith ; but his Lordship, although he dismissed the commission,
' did not -consider the conduct of Mr. Smith at all censurable, and
I would not order him to pay costs. It was rather a new proposition
that the Solicitor should be a surety for his client. If such a law
should he established, the effect would he, that no person who was
poor would ever be able to recover a debt by striking a docket, in.
asmuch as no Solicitor would undertake to do it for him, for fear
of incurring a personal responsibility.
Mr. HAUT (who was not in Court when the petition was open.
od),replied. The Learned Gentleman on the other side seemed to
have mistaken the arguments used in support of the petition. It
bad not been stated that the solicitor undertook to insure to pay the
messenger the petitioning creditor's debt ; he only stated that front
the knowledge which 11r. Smith must have had of Mr. Campbell's
circumstances, rendered him liable in this instance to pay the roes.l
senger. His Lordship would do justice but by half treasures, if he
permitted the Solicitor to escape merely by his client. Was an
eel of this Court to be the sacrifice of the mistronduesof a Solicitor ?
The sommission was superseded upon the ground that the petition.
fog creditor's debt was a fabrication and a falsehood. illr. Smith
was perfectly apprised of the circumstances of Campbell. The
affair was rotten from the bottom to the top, and Mr. Smith bad
fabricated the whole of it.
The Loan CHAYCELLoa.—It is admitted on all hands that the
messenger has no demand on the Solicitor as such ; there is, there.
fore, no occasion to inquire whether there was any contract between
them. But the question was, whether under the circumstances of
this case the Solicitor ought to pay the costs of the messenger ? I
am very ready to admit that this.Ceurt owes it to the suitors, to
watch with jealousy the proceedings of Solicitors; but it must not
be forgotten that the Court ought, at the seine time, also to give a
fair protection to Solicitors from the conduct of the suitms. Indeed
such a protection was for the benefit of the suitors themselves, for
no Solicitor could think of undertaking the affairs of any person,
upon condition, that if his judgment happened to differ from that
of the Court on a matter of law, that then he shall have no demand
on the suitor. Every Solicitor must be supposed to know, that
fraud would obviate a commission, and therefore I should have no
hesitation in making a Solicitor cognizant of such fraud responsible for
the expenses incurred by it. I do not think it neccsrary to enter into
the question, whether what a man admits to be true, as hr.% ing been
said relating to himself, is evidence against himself, because that
is so clear, that it cannot be disputed. But then the caution of the
Vice Chancellor was quite proper, because the case does not the.
Pend upon what was said in the petition, but in the whole of the
depositions before the Commissioners. If you wish me look lA°
the examinations again I will do so, but if you do not I ant pre-
pared to say, that I do not consider this a case where I ought to
make the solieiter pay the costs to the messenger. Ido not take
noon myself to decide with what wisdom 11r. Smith acted on this
occasion, but whether or not. his conduct was culpable.
The Court ruse at three o'clock.

NICE-CHANCELLOR'S COURT, WEDNESDAY, AL a. 17.

KIy(IWGTC.Wy. GARY.

This case has already bettil ;114e7ibe.public. It will be re.
membered that the testatnr, in his will, after laying certain !intl.'
rations on his real estates, directol that the personal should be
placed outlet the care of trustees to be laid out in the purchase of
a landed estate in the chanty of York, which should be purchased
en such terms as to make the money laid cut in the purchase pro-
duce three and a half per cent. The testator further directed, that
till such a_ purchase could be made, the money should be Invested
to Om funds. there to nccumulate at compound interest.
The VICE-CUANCELLOR 12-3 W delivered his judgment. He
greatly doubted what ought to be the investment of this money.
It wu perfectly clear that there was no likelihood of in estate be.
lug purchased so as to yield three and a half per cent., and as such
was thetas°, there was eery likelihood of the money accumulating
for ever. It was a difficult cuc ; but he, for his own part, thought
that the will ought to be construed as a direction rather than as a
condition. And such being the case, he conceived, that from the
'fit* yea t the tenant for life would Lipaotiated 40 41•44sia.
_ _ _

PLEADING.-13; anxiety of the Bench to prevent a ed.
! roinal from pleading Guilty has doubtless its origin in
mo-
tives of humanity ; hut the reasons by which a prisoner is
usually urged to retract his plea must have struck every
attentive observer as being rather illustrative of the glorious
uncertainty of the law, than savouring of a speedy admi-
nistration of justice. At the Cumberland Assizes, last
week, one John Wilson was indicted for stealing two
sheep ; to this indictment he pleaded guilty. The learned
and humane Judtte (Bayley), as usual, advised him to put
himself on his trial and plead rot guilty. The culprit urged
his own consciousness of guilt, and unwillingness to ag-
gravate his offence by tittering a deliberate falsehood. Mr.
Justice Bayley is reported to have made the followintr
re-
ply—" Prisoner, listen to me. Saying vcu are not olilty,
to tool telling E:3 unfold—it is only desiring that you tuav
be put upon your trial.'"f his legal sophism, howei r, did
not convince Jilin Wilson, he persisted in his plea, and
sentence of death was recorded RvitillEt him.
_ _

In excavating the ground for thc foundation on rebuild..
ing Whitc-bridge, near Lincoln, nine feet below the sur-
face were found the remains of a pair of horns, and part of
the skull belonging to some animal of enormous size. The
horns are in girth 15 inches; and an the outer case or shell
has decayed. they must when perfect have measured nearly'
two (rot. - Considering the depth and nature of the ground
in which they were found, and the size of the animals to
which they must have belonged, it is very reasonable to
suppose that they existed before. the flood.—Boston Gazette.
On Tuesday night, at twelve o'clock, an alarming fire
broke out in the glue and size) manufactory in Three Cups
Alley, Shadwell, which destroyed the warehouse of Mr.
Ilunt, hone-merchant, and damaged several adjoining. .
A

v.
• POLICE.
.—....,
MAgslow-Houir, Aua. 17.—A great number of the enemies
of cruelty to animals have written to the Loin Maxon, corn.
plaining of the condition to which the cattle sere said to be reduced
in Smithfield-market for litany hours in the day, in consequence of
the want of water and other refreshment. His Lordship, in order
to remedy the evil, if it existed, sent to several of the most respect.
ulde butchers and salesmen to ascertain the facts, and whether any
regulation might be effective in case the evil existed. It had been
represented by letter to his Lordship, that poor beasts had been
i seen In great agony in the market in consequence or the excessive
thirst and fatigue which they were compelled to endure, in the ex-
treme heat of the weather particularly ; and his Lordship's corrc.
spondents suggested the erection of troughs of water in different
Parts of the market for the benefit of the cattle brought in for sale.
fhie they thought the more necessary,as upwards of 3000 were tied
up from a very early hoer in the morning until the sales, which
were in many instances delayed, were made.
This day the butchers and salesmen waited upon his Lordship,
I who, after mentioning to them the cause of complaint, asked whether'
I it would not be practicable to have a sort of conduit for the supply
of the animals brought to market. They replied, that any regula.
tion of the kind could never be accomplished. The market was
already so excessively crowded, that any plan which would dimi-
nish us size would be completely an impediment to business, which
was even now greatly obstructed. They had heard it said that the
meat must sutler a considerable deterioration in consequence of the
went of water experienced by the cattle during the market-day.
This they unanimously declared they had never found to be the case,
eves during the present hot weather. The cat:ie were generally
well fed on the night before they were taken to market, and they
were also well treated as soon as they were taken to the slaughter-
hnase. It was in fact impnident, In a politic sense, to treat them
with harshness, as it was well known that the meat was not bettered
by exhausting the animal. The decision come to, therefore,
amongst the Smithfield dealers was, tint' his Lordship's proposi.
tion was imptartieable, and that even if it were practicable, there
would be no utility in adopting it.

Bow,
the office

Mr. Itedgrw
ney lately
the Regent
that three

case. The
of a gentleman,
address of
etreet, rF

s. ItAISNAS LAJii.YII3.
IR TitE MATTER Or THOMAS SMITH, A 111.41MIEUP T.
His Lordship took ills chair this morning at five minmts past
r'rt• o'clock, and
Ms. t'd:GnEN said he hail a HaLeas C:rints, which of course
was emitted to precedence. Upon having the Court's leave be pro.
needed to open his case. He stated that the present application 101.1•4
that of the bankrupt, Thomas; Smith, who had been brought up
limn Bristol gaol, by a writ of I ft.i.cat Corrue, praying tbr an
order dkcha gang him, upon the ground that the examination taken
Ey the Commisioners (who had committed hint for not satisfactorily
ensue/tog their questions), was not sufficiently set forth upon the
warrant mitment. as to the questions put to, and the
ortsuers . the bankrupt. Ths Commissioners had also
blinded to avit sworn in Cluvicery by the bankrupt on the
'9.:h of January, 11825, contrasting parts of that affidavit with some'
of the answers arising oat of the examination, and yet no part of
that affidavit had been set forth in the commitment; therefose its
that respect also the commitment was considered irregular.
His LOTIDSUIr said, regard being had to the manlier in whicit
the questions bad been put, and the way in which they hall 'M.7I
answered, he was clearly of opinion the commitment was not de-
fective • and so with respect to the affidavit, from the manner it had
been referred to in the examination, and, looking at the way in
which the reference had been answered, the Court was as dearly of
aciditt that the objection could not be sustained. '
Mr. ANnEETOS then appeared with Mr. Mouraor, and
notarithean'itng the unfavourable impression the Court seemed '
fp hula agalost his client, still he could not forbear making,
• riWbrrlt or two, in tee hope of getting his Lordship to look
more favourably tp the prisoner's case. The fact was, he said,
that unless the _Court discharged the prisoner, there was every
prebability that be would he confined for the remainder of his life;
st, at any rate, remain there in future at the mercy of creditors who
rally dial. not appear to have much mercy.
Messrs. Adlington, Gregory., and Faulkr.er had instructed Conn-
ie. to oppose the application, but
' Ut LeititSitiP said, he would not give them the trouble of
addressing the Court, because his opinion was, that the objection,
to this commitment could not possibly be suppotted—at the same
time he could rot part with the case without strongly recommend-
-0 fng it to Commissioners to call up the bankrupt again, that he
rutti:xt nether opportunity of explaining what had een left
exambtation in an extremely unsatisfactory state.
11/trill tOf the Court's present decision was, that which it had
been stated it would be, namely, that the bankrupt would have to
remain in prison during the rest of his life, his Lordship would feel
(Atretr Hy sorry indeed ; but the Court felt it necessary to negative
els rich statement, because there were twelve other Judges in
England. every one of whom 112'1 the power to review the decision
of thts Court ; and this knowledge was extremely soothing to his
Lordship. Besides this, tjte Judge at the Maim at Bristol might
hairs decided this question in the first inatalice, without the bank.
. . • . .. ..