The British Press; or, Morning Literary Advertiser.
London, England, 1804-12-24 00:00:00

FASHIONABLE DEPARTURES

The Dowager Countess of Sefton, to paw the herrlays with
her son the Earl, d his seat in Leicostershire.
Tao MargiNs olf Downsline and Lord Arthur Hill, for this
with their. mother, at Brighton.
lot the Christmas, upon a visit to his mother,
at Ramsay.
Sir Mark Sykes, for his .'at at Sl,lntore, 1 orkshire.
Tne Fel of Ahersavenny fur hi. si•-t near Tunbridge•.
The lion Mr. and Mr. Ketioe'l, th.2ir seat in N• .folk.
Gen. Hub:, from Cura.sn street, to Viescheatii, bent.

•••••111•••..

The sudden indisposition of the Duke of Rom-
sulina prevented the departure of the family far
Bath, on Saturday.
The iernains of Lady Flui.se will he removed
this morning. from her late linuce in Cheverlieid-
v reet, for interment in the family vault of Wel-
monton, near Dartford.

The Marquis and Marchioness of BA r H will pass
the holidays %rith Lord #nd Lady BRADFORD, at
their seat in Ches'otre.

The following Bulletin was Yesterday exhi'litelt on
the door of the house of the young Raschn, in
Southampton Row:
M.4.ter ~ on the whole, rasher better this mo;:,i.tg.
Dac..l.3t, ."
The Opera WAS very full on Saturday night.
White umffil and tipp•As were universally worn-
111orone turban:. with ostrich plumes, the .4,-6ml
turban, and th • .No,.at cap, weie the prevailing
heal-dresses. 1., :ere were some lace veils, bound on
the head, and we observed several pearl sprigs worn.
The Mlay.,a of D•incaster will give a superb ball
on Tuesday the atli of next month.
The new Comedy of The Les'd eve /Ate AN it an-
nuanced for Saturday nest, at Drury-lane l twatte.
Mrs. JORDAN lend.s her aid to it

The DCA N and Chapter of Salisisttry bar, per-
mitted two of the principal voices Iselungsor cs the
choir, to join the professional singvrs, on the Ladisis'
Night of the York house Catch-club. at E.titi.
The Theatre at Newark closed .or the ,e.non on
IV•lnesday evening. the 19th,with the now Cr•nleAv
of The liimd Beezeil, for the benetit of Mrs. 'l.
Rostaysom.

CAI*. VS ISTHOIIr, of the Ardeq, was married Ga
Saturday, at St. George's, 1-lanover.olitate, to Me.,
FAKIIRACE. of Dover. Cap:. cut, Aid.ds-
Camp to Lord thRllllOlO,Oll, was the sane lig!
mason:id to the elder daughter of Colonel Su .
The sant of Sir SAMUEL FLOW( Ili, Btrt. at U."-
fiagton, near Stamfird, was on. Monday night eis
scene of gen, rah gai-ty and fereivity. A 1.1.11 ..a 1.
Supper given by Lady FLIJOYCII were attended ;i7
most of the Nubility and Gentry of the neighte
hood, who assembl:d about ten o'cli ck, when danc-
ing comment:hi. Between one and tvvi supper
was served ; at the conclusion of which, dancing
WAS resumed, and the morning WAS far adv.ncyd ere
the lestive party separated.
On Thursday last, the officers of the S'airecross
Volunteers gave a ball at Barroley, Yorkshire, to
the gentry of that town and neighbourhood. The
rooms were crowded with a very brilliant assemblage
of beauty and fashion, and the dancing was k-pt
np till a very late hour. The hall was opened by
COIOTheISTANKOrt and Mrs. War r wont Pi.

------- - - - - --
The Officers of the Guards, quartered at Ch3t-
ham, rave, on Saturiay Lielt. a grind at ete
Barracks, to the principal Ifivers an i
booting Nobility : the ball w.ss tiwned at ten o'clock
by the Earl ol CliA ruAm. .11Long the cornp.ery
were, General, Lady, and bl:ss &PCs Mss
Eitior, Colonel NaVILLI, Captain Bra:las:4
Captain 81.41141' ORD, etc. Sm.

-

LAW.

rOURT OF CHANCFRY.
LINC')I.N'S INN, SATURDAY, DEC. if.

IN THE NATTER OF HENN ST, A 11114KRUPT.
The Court was occupied during the whole of this
day, and the early part of Friday, in heating
counsel upon the petition in this matter.
The Petition was preferred on behalf of the
Bankrupt, who had been a very extensive land-
holder and ship builder. lately residing at Faver-
sham. and complained of a series of oppressions by
the Reverend Dr. Strong, Rector of Faversham,
by the assignees, petitioning creditor, Solicitor under
the Commission, and several others. It stated that
Sir. Bennett, some time previous to his bankruptcy,
had resisted the payment of some tythes to the Rev.
Dr. Strong ; in consequence of which a suit was in-
stituted in the Court of Exchequer, respeaing the
rialo of tythes, and a decision took place favour- '
able to the Reverend Gentleman, upon which he
demanded a sum of between 5 and 60d1. from
Bennett, who, though a person of very considerable
landed property, was at tact time unable to raise a
sufficient sum to discharge this demand, without
disposing of his estates at a very great disadvantage ;
he was accordingly arrested uncier attachment, at
the snit of .he Reverend Gentleman. and committed
to Maidstone gaol, where he remained for two
months, at the end of which period (as was
stated), by the contrivance of Dr. Strong, a commis-
sion of bankruptcy was issued against him, a ith no
other view than the gratification of the Dodor's
malice. A al:. Tappenden was appointed the so-
licitrr, and the assignees were chosen for their well
known eranit; towards the unfortunate bankrupt.
When the bankruptcy was decla,ed, the parties im-
mediate,- took possession of ti:' .vhole of the bank-
rupt's estates, hinds, and personal property ; and, by
the peteiaa, it appeared that the Commissioners
M-ssenaar turned his children out of doors, not-
w t all the remonstrances which were
used, and obliged them to seek shelter in gaol with
their Echcr. The property was then put up for
sale, and the real es-ate, at Norton Court, was sold
to Major General Harris for 10,5001. which sum
was considered to be much beneath its real value.
A: that time it appeared that the whole of the
banknipt's debts amounted to 9,8701.: ono, though
the p• °duce of the sale of the real estate was much
snore than sufficient to pay the sO,-le of his creditors
their full demands, yet they praceetied to sell the
remainder of his property, notwithstanding hii re-
peated intreaties that such sale might be suspended ;
but, tar from attending to his request, they pin ita
another estate at Faversham, which was adnally
bought in by a ;oilier at the sale, through the con-
nivanca of the assignees, and the person so purchas-
ing was permitted to retain his berg ,in. The
furniture and stock were afterwards set up
public au&ion, and the audioneer, solicitor, and
assignees, purchased the greater part themselves, a'
an under value, the former gentleman having placed
a number of persons in different parts of the room,
for the purpose of bidding for him, by which means
be purchased a great portion of the property. Some
of the stock and produce was adoelly given away
su a number of persons. The petition further com-
plained, th it the solicitor to the commission Was
also a banker at Faversham, and the produce of the
sales was deposited in his banking-house. It aka
complained, that or.e of the commissioners, na
in the cammiasion, \ Ir. Shaphrrd, was n a a prac-
tising barrister, but a brewer, and therefore ilia
competent to fulfil the (lanes of that situation. it
further appeared, that a considerable number of
debts were due to the bankrupt, at the time or his
bankruptcy, whowhop the assignees not fluty negleded
to call in themselves, but refused to le: the bank-
rupt do so ; by which means a great portion of
them were entirely lost. There was also a very
heavy eine-nee incurred by the laiiicitor's bill of
costs, which amounted to a large sum : twa corn-
missions had heel cued out, the fist was ex-
punged, and the second allowed ; and the whole era
pence charged upon the bankrupt's estate. The
petition contained various other complaints, too
utimerous to insert ; the entire of which, in the end,
charged the parties respondents with callusion, con.
nivatv-e, and oppression; and concluded by pray-
irg, that the commission might be superseded ; and
flue estates resold ; that the responahsots might be
made accountable for the losses, &c.
Mr. Romt aye, on behalf of the petitioner,
stated the matter of the petition, and supported the
sttarges, in observations and arguments the most
able and impressive.
Mr. Riot aims, nn the part of all the respondents,
except General Harris and Mr. Isushington, with
his usual abili:y, repelivd the charges contained in
the petition, most of whi. h, he contended, were
unfounded ; he admitted that some irregularities had
taken place, which he did not mean to palliate, but
the bankrupt himself had acted improperly, in the
first instance, as the act of bankruptcy was his own
sacking, having suffered himself to remain in gaol
two mouths when he might have paid the debt. It
was his own choice that his children left his house,
and went to the gaol ; lie had given ditections fur
that purpose, and the Commissioners messenger had
instructions to treat them with every possible kind*.
Reif and attention, which he would have done if
they had remained iisahe house As to the sale, every
possible publicity was resorted to, and notice was
giros in all the newspapers, both town and country,
for a long time, previous to its taking place. This
sale was had by the assignees. General Harris
applied to Mr. Tappcnden to hid for him, but the
latter declined doing so, as, being agent to the com-
mission, he did not conceive it would be proper.
As to Mr. Shepherd, he was not a brewer, but a re-
gular practising barrister ; and, although he did not
nave attend Court as he need to do, yet he practised
as all other banisters did, but confined himself to
that part of die country. As to Mr. Tappencien's
being the solicitor to the commission, and a banker
also, he did not see hew the one was incompatible
with the other : it was true the money was lodged
in the bask, but it was not paid at the time the sale
was had, hut some time after, and the following day
NI% Tappendets went to Canterbory, sad paid the
mortgagee of the estate tics amount of his debt.
And, as to the collection of the debts due to the
bankrupt's estate, the assignees offered to authorise
the bankrupt himself to receive them. He there-
lure ousted his Lordship would no: consider the

parties, Respondents, in so culpable a light as the
charges in the petition were inclined to do.
Mr. ALEXANDER, on behalf of the other two re-
spondents, Major-Gen. Harris, and Mr. Lushington;
observed,that the latter gentleman was at present the
owner and occupier of the Northencourt estate, and,
residing with his family upon it, he did not by any
means consider he had made a cheap pet-chase ; on
the contrary, he considered he had got but .t very
bad bargain of it; but he lead laid out a great deal
of money on it, and therefore it would be el vet y
great consequence to him. There was no evidence
whatever affecting General Harris and Mr. bish-
ington, which could in,lany manner connect them
with the other respondents : he therefore considered
it his duty to separate the fads, and divide them
from the other parties concerned in the tf ansuCtion.
The Learned Counsel then provided to shew, by a
view of the whole proceedings, that his clients were
wholly unconnedel with the other parties, and that
on their part it was a fair and Lana fide transaCtion.
Mr. ROMILL Y replied at great length, and the
CHANCELLOR, in delivering his judgment, animad-
verted upon many of the abuses which hail crept
into, and existed in the Bankrupt Laws, which he
exceedingly regretted, and expressed a strong wish
that they might be reformed in future. I his Lord-
ship then observed, that in all cases of this kind,
the solicitor was to be considered as the solicitor,
not only under the great seal, but also to the bank-
rupt, to the commissioners, to the assignees, and, in
short, to the creditors at large; and it was his
duty to see that there was no imposition or fraud
praitised. With respect to the assignees, he iwdeted
that they se.ould replace any loss which might have
:sect ued, in consequence of ddzir neglect, in not sol-
leaing the debts due to the ba..i..rupt's estate, in due
time. Vita respeCt to the auetioneer, the law upon
that head was long sufficiently established, and it
was impossible to permit an a.iiftione •r to purchase
for his own benefit; he wa, the trustee for the party,
and mu tbe charged. With resp.ret to the costs,
he declared he seen enough in the proceedings
in this balk; pay, to induce him to refer the whole
of them to dt, master. First, to consider as to the
proceedings which were absolutely necessary to be
done ; and, secondly, as to time reasonableness of the
several charges. His Lordship further decreed,
that the bankrupt should •be pant his costs and ex-
pence*, to which he had been put ; the amount also
to 'se rei.ered to the master: and, als', that the
pu, chasers of bi, property should be con-tact-ed for
the present, merely as trustees, for his benefit.
Lastly, widi respect to General Harris, and Mr.
Lushington, whose case he considered of vast im-
por.ance to, them, he thought it hut tight to give it
a due co:,sideration, and it was only just to separate
them from the other parties in the tt ansaftion. I Its
Lordship, therefore, reserved his opinion upon that
subject until Monday, when he will pronounce his
final order in the cause.

COMMON Pl.! kS, Gun 01l

Si[Nags at MU Print, bef.. re !We. Juilue It UV C and
a Special jury.

PARRY' V. DANIILL.
This was an anion brought by the Plaintiff, a
Stationer and Mathematical Inattament hlakt,r,
living in the Minot:es, against the Defer.'lam. an
Apothecary .ind Chymist, te.iding at Wapping, to
recover dam a. es lot two libels, yaMiished by deaire
n' the Defeat tint. The declaration contained six
count : the three first charging; the Plaintiff with
lieiag concerned in the Iri,h r. hellion of 17.18, and
the three laat with being a suborner of fake wit-
ness:,s. To the three last counts the Def•nriant had
pot in a .pecial plea of justification, and to the other
three pleaded the general issue.
Serioant SSIZPHERD. as Counsel for the Plaintiff,
stated, that they wyre as malignantly scurrilous as
they were stupid ; that they were libels against a cha-
ritable society, to which Mr. B.trry belonged: he
said, he believed the Plaintiff wa-, an Irishman, and
that most of the members of that respenable so-
ciety were also Irishmen. It was necessary, he said,
that the Court and the Jury might understand this
libel when read, to let them into some of the history
of it In the year 1797, Mr Barry had some
dealings with an American Captain, of the name of
Healy, and, having sold Lim some goods, was
obliged to bring an anion againat him for the
amount The Captain put in bail, sailed for Ame-
rica, and never since returned. In that anion the
Plaintiff was nonsuited. on account of a witness for
Mr. Barry declaring that he had been bribed by him.
A report of that c-naef appeared next day in at
newspaper. In June, 1803, the Defendant got
a number of bills printed, and stuck in different
parts of the town ; which, though not direnly nam-
ing the Plaintiff, yet, it would be impossible not to
know he WAS meant, on account of the anion, and
the report of it in the paper alluded to.
The first libel was as follows:

" Renegade Mann. Hi Friday, June 114, 1803, • grand
pfOCCl4.o.llaf Hibernian Reties; .de M. 4.0.14 are expected to pa-
rade (euntisiv b. th- law.) betw.,..l. (lie 11,4tra of ten and r .ur,
from Cornhill to a new huildi.ig, Ratcliff I ball-
way, OMIT Salt Prim Hank; from thence to Caonoilliiiry
House. This Swirly is called The united Irishman's Wake,
'or, Royal Mir illlol`S Lold4e. Ti... meeting w.ll be conducted
and headed by Tommy Pal)er. Deputy Grand; Bobby Scout,
Grand Scribe; and Pohly Master of the Cereal°.
nies, suborner of false witileswe against American Captains
[to this tivoe was a note at the bottom, referring to The
Ledger of the itSth of February, 1801.]; with other gentlemen
of equal respectability, Front that illustrions tami:„ at Vinegar
Hill, near We•furd. We admit men of colour. if willing to
engage in destroying the Royal Navy, and the r.:gidat ancient
Cutstitation. Some Charity Children will mils ri from Hill
KIM/CY! Coal shed, Given Bank, or Dung Maar, to sanction
ow proceedings all under the rub of morality.
"By Oyler of the Society,
" PAT. VIII.ARNEY,
" W. M. MUNGO,
" Tyler and Lecture Master.
" N.B. Fietoen ehiremly sweepers will attend the Froce,
lion, deemed in maosme paraphernalia. Repair, my jewels,
quiek, to the I him...nail Renegade Lodge, Peirs—trect."
the second libel WAY,

" A caution to the pniolle, more particularly gentlemen
from America. The rein.gades ball iv expected to be held at
place called, Tb 2 London Mariners LotlKr, Pellatreet, neat
Well-hne•square, on Thui.elay next. January 19, ISO 4, at
seven in the evening ; the racet.og will be con.luco.d
by some very IMlnous ebantrieri, many of whom have 1114-
icacritti;y violated the moot 4/Cfrii Lift of the order. N,.toce,
the primps! leader, Commod.ore O'Blarney, was detected in
crideassionng to s•thom a take vanes. agairin an American
Captain, in the Court of King'. Bench, on the 154 h of Fe-
bruary, 1797. From the indefatigable ears tunas of the stew-
ards ensployed on this occasions, a &Amnon of the most accom-
plished Cyprons from >i4 C aliens Hand's
Solt rein Bush. Night;nielt-laar, Vfrtegar•yard, I negate-

field:, New Gravel-lane, Black Bear-alley, &c. &c. A very
irsianii. no .10114 t, wi:l 4,1,111.
" Querv—Xl s any geotkilian iotroduce a prnd,nt woeian
or will any win of tio.sour oc s•en to asintnat- with &nen 1
aiotlev trots. e
"i B St7,cturei the con&c-t of Stewali will appear, if
1iCe.:4411y."
Serjeant SIC-PRERD made plinted 01)cerifiltiONS
on every sentence of these papers, and concluded by
calling on the Jury for ample damages.
Thomas Jones, who is in the empioyment of the
was called to prove that he was a stationer
and mathematical instrument-maker, and that his
dealings were principally with American Captains.
On his cross-examination, he said the Plaintiff
had belonged to the Old Royal Naval Lodge of
Masons, and that lately he became a member of the
Royal Mariners' Lodge, and that he brought with
turn come members of the old lodge, and that it
was in June, 1803, they became renegade from the
old lodge to the new.
Robert Lestlr proved the existence of the Masonic
Charity Society for clothing and educating the chil-
dren of indigent masons, and that the Plaiiitiff was
a subscriber to it.
On his cross examination, he said he belonged to
the Royal Mariners' Lodge, and never had belong-. 1
to the Royal Naval, and that he sopivised he wai
the person meant by Bobby Scout, a, he was se-
cretary. The rebellion of 1798, in Ireland, was
then proved by the King's Proclamation in the
Gazette.

The record in the cause of Barry against HealT,
tried in the Court rif King's Bench before Lord
Kti VON, on the I sth of February I 797, was then
produced by Mr. Noy, attorney for the present De-
f;indant. Ile. deposed that in the trial in 1797 he
was attorney for the Defendant, that it was for the
recovery of 4f/I the value of some goods alleged
to be sold to the Defendant; and, upon that occasit n
MI. ERSE I NE. in stating the Plaintiff's case, said,
that he would save the Court trouble, and call a
witness of the name of Jones, who would prove the
delivery of the last parcel of geo is, and an acknow-
ledgment from the Captain to pay the mune).
Jones was accordingly called, and answered to that
name ; when the book was offered to him, he said
his name was not John Jones, that his name was
John Solomon. Lord Knaves asked him what he
meant ?—the witness said, that if the Plaintiff was
tailed, he would tell the whole story. The Plain-
tiff was called, and they were confronted. Solomon
then stated that he knew nothing of the cause, but
had been hired by Mr. Barry to swear he went on
board the Defendant's ship, and saw part of the goods
delivered, and that the Capt. bad promised payment
far them : he then produced a paper, which he said
had been given tohim, as instructions,rnd said that he
had been at the house of the Plaintiff, who, after in-
structing him in what he should say, brought him to
Mr. Harrison, his attorney at that time, who took
down his testimony ; he said he had, when the
Plaintiff applied to him, undertaken to give evi-
dence on purpo►e to ex,rose him, an] that the Plain-
tiff i-firde him take the name of Jones, when he
went to Mr. Harrison, as his real name of Solomon
appeared so much like a Jew's name. He then said
he went immediately to the Defendant's attorney,
and told him what had passed, and that he served
him with a subpoena; he also threw a guinea
upon the table, which he said he had got from
[tarry; -end-that when the trial was over he was to
get tour more. Mr. Eass: Is a then observed, he
WAS very gird, for the ho.iour of the profession,
mat neither of the attorneys had been concerned in
it. Lord KENYON commeoded the man for what
he did, and said he did not know whether he ought
no, at once to commit the Plaintiff, but at any rate
that he should be indicted. Mr.Noy, on his cross-ex-
amination, said he did not know who Mr. Solomon
was, except that he told him he was a furrier, and
that he gave him three guineas for his honesty, by
the desire of Mr. Busher, who had been one of the
Defendant's bail.

John Skirvin, a printer, deposed, that the De-
fendant shcavcd him a manucript to the same effect
as one of the libels, but did not recollect that he
ofered it to him to print.
L iwrence Thompson, the person sell') printed the
libels, said, that he printed thtm for the Royal Nava/
Lodge, of which the Defendant was master ; he did
Mt know who was the author, they were brought to
him by the Secretary, and he printed about 400 of
them, the greater Nit of which he delivered to the
bill sticker : the manuscript of the larger bill was in
the haad writing of the Defendant, but the other
WAS not.

Charles Osborne had formerly been an apprentice
to Mr. Daniel, and saw him write the libel ; he said
there was more in the manuscript than in the bill,
but that the manuscript contained every thing that
is .in the bill. Mr. Daniel told him that by
Paddy ()'Blarney he meant Barry, who had, he
said, treated him very ill, and that he intended to
cu; him up like mince meat.
Patrick Murphy, a biscuit-baker in Wapping, de-
posed, that the bills had been given to him by
Daniel's servant, enclosed in a cover, which was
directed to him in the hand writing of the De-
fendant, as was proved by the former witness.
William Williams, waiter at the New York
Coffee-house, much frequented by American Cap-
tains, said, that a large bundle of the bills had beet
left on the table rally one morning by a little dirty
boy, w'.... ;illitiediately went away.
waterman, said, he got some
of the hid, from Daniel, for the purpose of leaving
them on board American ships, and that he old so,
and was paid for it. _

. - - ---
Serjeant Cocotte, for the Defendant, said, that
as to the charge of suborning a witness, he believed
his learned Brother would not contend, that it was
not justitied by the testimony of Mr. Noy ; but if
the Court did not think it was sufficiently made out,
he could give still stronger proofs of it.
Mr. Justice ROUKC said, he believed his brother
COCKLE need not give himself any farther trouble
about making out tke justification ; that he under-
stood, and he had no doubt the Gentlemen 'if the
Jury also thought the justification was suffisiently
established by tae testimony of Mr. Noy. The
Jury signified their perfeet satisfaCtion.
he Learned Serjeant then said, that as to the
other count she could not, in point of law or fad,
dispute it, there must be a verdict against his Client.
that the iialy consideration now for the Jury was
the amount of the damages they would give to the
Plaintiff He said there was in proof before them,
that the Plaintiff was a member of an ancient lodge,

---~-

called the Royal Naval Lodge, and tilat- he and
some others became seceders from it ; on which ac-
count there was a kind of War carried r. 4 between
cttr merribcr; of the old and new lodges: this, hi saidi
was An Account of the whole business; and ridiculed
the idea, that any part of the libels had the slightest
retrosped to tire 164 i rebt.liior. He the ~ wAt
great ingenuity, explained the different passages in
the libel, putting on every se.itence a construe" on
widely differing from that laid down by Scrjeant
SHXPHEUO
Mr. Justice Afloat observed to the Jury, that the
jussifira..ion to those counts in the declara. ion, charg-
lug the Defendant with suborning a witness, was
clearly made out, and that as to the other counts, if
they should be ; of opinion that the libel applied to
Any thing treasonable, the damages they would
give should be serion4 ; but if, on the other
hand, it should appear to them that it applied mere-
ly to the internal government of these M,.•
Lodges, he then thought the damages shod he
but nominal. The Jury instantly gave a Vurdia
for the Plaintiff—Damages forty shillings.