The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-11 00:00:00

•

the ditch. argil Es( Mr. Woods from tilt trust. making
bins accountable' for every deficiency in be
estate. •
and suhjed to the payment of this. and this Inflow -
application egoist M•Michael.
The Loan CiLsecsid.cm recited the Vida*
transadions from the commencement until the en?
deavour of Mr. Woods to. mislead the Court by a
resignation of his trust. He had mrr with many
ads of hardship on one side, and cl fraud on' the
other. in Bankrnpt causes, but this case surpassed
them all in the extent -both of TO: offence' and
injury. Here was an industrinut man robbed, first
by a connexion made in consectietwe of a fraudu-
lent advertisement, holding nut to toe nnsuspediog
the lure of great profits ind little attendance. And
when he has retired from it, after a considerable
loss, he it made the vi rim of a new conspiracy.
that has seized possession of his efreds, amodutiog
to more than 40001. in order to answer demands
which, evefi sopposing them to be just ones, do not
amount to more than 2301. His Lordship expressed
hi. hnowledge char many men, whom be would be
slow so censure, did not much rosped theeovenant,
imperative on assignees. to lodge the monies arising
from the estates of the Bankrupt in a banker's haads,
but he would still contend that the whole Bankrupt
code was vicious, until the disposal of the money
concerns was intirely ttken one of their conttoul.
He next adverted to the le•ters which had passed
between MeMichaell and Mr. Woods, and which
were evidence of a conspiracy to share he property_
between them. In other pacts of them, there was
proof that the affidavits of Woods was Hot trues for
in order to enable an Assignee to resign, it was ne.
ce.sory to swear -t!,at he was not accountable, or in
other words, that he had never sided. Of his ina-
bility to swear this, Mr. Woods Was convinced, and
therefore, in his lette- he desired it might be pt.t'
nut hf the question, as it WAii evidently listse„ But
afterwards having hit on the expedient of; giving up '
the vel preverty to Whlichael, taking his re.'
ceipt, he Was justified, as he himself- writes, 00 this
plan, to rdakc the affi.:avit. The Lemned.Lord
said his opinion went the length of making Woods
responsible for whatever deficiency was created by
the frauds of MaNtlichael, such hawk being only
successful tl rough the echootration ot: the former.
He, therefore, ordsted Mr. Woods to be discharged
from his trust, not tipon Hs own petition, hut in
consequence of his improper condtidt s and his Lord.
ship next ordered, that a report be returned Of the
two accounts of Michaer and Woods, by the
Commissioners, declaring his intention of making
the latter chargeable with every deficiency prnaious
to his p Bann to the Court. and-of acting under nit
presertimpression, unless say future informatinn
should induee him to change his opinion, namely.
of sending both these parties to a Court capable-of
with them more effeduaily.

• ,
atticles for dissolving the partnership. Dsusng the 1
whole of this period Mr. Michael WAS the sale per-
son who seemed to trans.& the piecednres and it
was not until the second meeting that Mr. Woods
;cede his appearance. That meeting tusk Ow.
about the middle of last hint, and he then presented
himself in the first instance, as a creditor for the
sum of 3311. upon an acceptance of Davis's, but the
debt was net allowed to pe proved by the Commis.
sinners. When this point hailed, Mr. Woods was
proposed by Mr. Michael to be his co-assignee ;
although the petitioner mentioned the appoint-
Meat of another gentleman, who was a been fide
creditor on his estate. Mr. Woods, in consequence
of his known opulence and very respectable con-
medians, was appointed, jointly saki Mr. Michael,
the Assignees of the estate of Davis and Mackey.
From • that moment they took possession of the
whole of the Petitieneeleaells. They sold hislease-
hold estates fer the sum of 12001. recovered debts
to the amount of 4001. and npwards, and atlirally
received in money, nearly WOI• from letters which
passed between the two Assignees, it was evident,
that they had determined to embark the property of
retie Petitioner in their own private dealings. Mr.
Woods turned to his own account the sum for
which he endeavoured to prove on the Binkrupt's
estate; and ?d•Michael took also to himself. the
amount of • the accammodation bill, for which he
appeared as the petitinning.creditor. Hoe ever. the
former gentleman, acquainted with the embarrassed
altuetioo of Mr. Michael, was not willing to • run
risque of his own individual responsibility, by ad-
mittiug his co-partner to take any more of the
• estate. He followed the suggestios of the latter,
and to/hi-the literally legal steps of resigning his
trust. In order to effetit his objell. he was told by
hl•Michael that it was absolutely necessary for
Lim in give up all the monies of the estate be had in
his bands, and to make an affidavit that he, Woods.
had never aited. nor had any person either received
or held any pint of the Bankrupt's estate, for his
use, or by his connivance. In order to enAble him
to make such an affidavit. he resorted to the device
of passing the whole of the Bankrupt's property
into the hands of his 00-assignee, a man whoes he
knew to be iasolvent, and who was now aftuelly a
Prisoner in the Fleet. But, in a letter to MtMi-
chael. he admitted his inability to make an affi-
davit relative to the allegations in the latter part of
his reconamendetioa. His Lordship had. no doubt.
read of the decision of a Court of Jurisprudence, in
a very celehreted Island.. whose decrees, although
not recc);;nised as precedents ie our Courts, were
• still, every where considered and respelled as salu-
tary ptiociples of equip. It was the case of a very
old man. upon the il.tevity of sii.ose evidence and
charalter the only proof rested of his having paid.
into the hands of another person a sum of money.
The till man came into Coors, and nave his erii:c:i
to be held by the person into whose hands he *Rh rn-
hd be bad put Ids money. Having taken the ne-
Ifeesary oath, the clutch was return:) to him, and
he was proceeding to leave the Court. when the
'' .Judge ordered the crutch to be hiotigfir ba..k It
was then broken in pieces, and the money was
round concealed in it. To a similar stratagem Mr.
Woods had, in the present is:smilc .. rests: red, in
order to be enabled to appear before Lis LorsisLi?
as a perion not responsible far the frauds of 'Mr.
hlicheel. As a general serehiple, it was true that
an Assignee was not respensiole for ,he guilt of
his co-assignee, where he himself was idnocent of
any participation in the alts of another. or el any
vile a'sle negligence in not oppoUng them, set en
within his .a eledge. At all events, the Learnt)
Counsel felt he had stated suffieent to proem e his
id.rdabip's prr.tediCia for an excellent and much iu-
jored individual.
Mr. La Ace. on the part of Mr. Woods, observed,
that his Client was hgentlernan in a moat respret-
able line of life, but, like the Banktupo had the nits-
fertone di being entrapped. by Davis and ht.Nli-
chsel, in trading speculations. He was perteilly
free from any suspicion of being implicated in the
prior part of the transaftien, as it allhaed the issu-
log of the cenunie.ion ; and he was tree to admit
that there was something of folly in his suffering
IM.Michael, wider his immediate circumstances, to
eerily any part of the Bankrupt's estate to his own
private use. Indeed he at length began to tea so,
an I thersfere desired, fmm hie cc'-assignee, the pro-
per securities for the pros erty which he had taken
intim his own hands. It was also to be recolleaed,
that it was at the demise of Nl•Nliehael he under-
took the trust, and n it:orally cnncluicti that ween
there was a prospna of discerdance, he was right to
adopt the means ,st• resigning it.
.The Loan CHAt:cci.t.olt—.. In his affidavit he
has sworn that he never received any sum of money
belonging to tile Bankrupt's estate, although in one
of his letters to M'Miehael, he admits the receipt
of '2BOl. the amount of the saie of the Petitiolier's
furni ore."
Sir SAMUIL Bowel. v, on the part of the Peti-
tioner, conterded, that the conduit if Mr. Woods
was unprecedented. He acquitted him of any im-
proper past is the beginning, of this nefarieus
ttansailion, hut by his active co-nperatiosi in the
subsequent stages he had for warded the (raids pr itC
deed on the onfottutate petitioner, and hid entered
into a trafficking with the fruits of his hard-earnol
imiastey. It was a conspiracy entered into between
these Assignees to share the Bankrupt'. effeels. It
vz h net the mere violation of the usual cur 'flaw, by
which Assignees enntrened to lodge the monies of
the estate in a her ker's hands, nor ohs it only tl.e
temporarehppplication of a sum wlsich, in paying,
the divide= to crediters,•would. not amount to
more than a few shilling., or peihaps pence. to
Sad) indirldwil Pere they possessed themselves el
ehe whole property of the Petitioner, amounting to
More than 4,0001. and stared it amongst them, el-
rhofigh the smallest tom ellnelly teetered by Mr
Woods, viz. 2601. would have liquidated the full
*mount nt the claims of his coats. What were Ch
means adopted to complete the french and to de-
feat the demands of hum. t They were the 'con-
trivances of M ewherhee---
r. Woods to avoid all the dangerous . • . —.
'fells of making a false affidafir, ahhough' he was Oa Tuohy evening, the Quarter-Master of the
anxious to enjoy all the .benefits arising from inch Royal Horse Guards went to Windsor Theatre, in
in improper expedient. Whatever nughthave been perk& health; hut when the performance was over,
ihilottner respealfbility of Ur. Woods, it would bk was discovere.l to be Helm: He died while
have beea'qme advantageous for his moral charge. sitting on the bench, without those near him having
p
set, not to have allow the present application to Lew least koowledge of it. He was taken to the
*nude. Hower* ,' . va: sow befogs his Lotd., Toadsme. and every possible medic.i assistattee
L-042.2iigini: el 44. 0114%,v_Fiu tow, bstaisbeilia swathe/ iiie . vas vas.
_....... _ . ... _ ..

oecamareS.
ens oattatcx v. TNt 1412 f of RIO or TEI LALTS
10•1/.0 43••11ICZ. [S4I
The lite Mr. Garrick, by his last will lefr his
wife, the Plaintiff in this cause, so annuity of 15001.
a year for life. He also left her two several h.-
gacies, one of 100(.1. And the ether of 54001 to-
gether with the u• • and eniument of his two houses, •
the vile at Harnotna Cow , and the other in the
Adelphi. with all his plate. furniture, catriagei,
durinA he; natural We. lett also very consider-
able legacies to his two brothers, and a sister, thee
alive. After making these various slevises. it was
added in the will, that the remainder of his pro-
peety. if any thcie was, should be divided among
his next of kin, in the same manner as if he had-.
died ente•tato. Mr. Garrick had n•t contemplated,
at the nt. e of makiap, this will, that there would be
*my residue after the different legacies were paid ;
it did tutu out, however, that the residue was con-
s•Aerahle, and an application *as made by Mrs.
Garlick for a decree of Court, entitling her to share
with the Defendants, the next of kin to Mr. Gar-
rick.
'This application was resisted by Mr. Rica ARON
Mr. Haar, Mr. Aksax•suets, and several other
Coon:el. on the part of the Defendants. who had
claims tinder the Testator's will. It was contended.
that 4% the widow could not in law be considered as
one of tie next of kin to her husband, Mrs. Gar-
rick was entitled to no share 4 this residue, inas-
much as it was expressly con6oed by the will to the
next of kin.
On the other side, it was contended. by Sir S. Ro.•
Nista' for the Plaintiff. Mrs. Garrick. that it sty•
peered to be the intention of the Testate that site
shrtilld snare with the next of kin.
Mr. Setjeaut PALusa spoke at considerable
length. and with rest learning, on the same
side.
The Lovas Caaticattoe. in deciding upon the

NAr4t, INTELLIGENCE.

POITSMOUTH, Die. 9.

Yesterday and this day, the 1-11ter and Carrier
arrived, with fifty sail under convoy, frem the
Downs : among them are Alred At Great, "Wise,
Fifrafisinp, hconovy, Peirreas, Delaferdi Cetroitur,
Satyr, and Trusty, bound to the East Indio,.
The; Neptune. of 98 guns. Sir Thomas Williams.
sailed to join toe Channel Fleet. this ifiernomi ;
and the Poneice, of tlo guns, to the Eastward ; she
requires rinse repairs..
failed the Refinance, Capt. Adam. on a cruise.

Caine into harbour the Sbarpriooter gun-brig.

A large ship is coming in from the bowita,up-
poised to be the Coromnailel.
His Maje►ty's ship Amphioa is appointe4 convoy
for the West Indies.—Wing S.W.

PLY MOUT*. DSc, 8.
Th- Rawaistionnsioa is not in port, as stated yes-
terday.
' Yastet day arrived the Scorpion sloop of war. of
i 8 gene. with a French ketch privaten. of 10 guns,
being the second she has capthrad its one weak ;
Sari4ata. of IS spas, Capt. Lake, from a cruise ;
aft/ark gun-brig. and dakiaa cutter, twos the fleet.
Sailed the Larira tender, for Cork.
This day. sailed His Majesty's sbip Swsprio-a. 74
os. Vice-Admiral Sir J. Warren. for the Halitaz
station* and AIM `Pick "frigate, 36, Care. Oswald.
with vegetables, &c. 'aft the sqiutdralt oiL'Orient:
Ariived His Majesty's ship Atidacenu. Captain
Qosielin, from off Ferrol. to viand and refit.--
Wind at N. with heavy fail of snow.

, peat.. nac. 9.
Arrived the Speculatorluggtr, from a cruise, and
remains in the DowAs, with the ships as per last.—
Also the Persid.r. for the Erst lad., a.

WHlTtlitairrip DEC. 8.

A vessel arrived here oti 'Friday morning. tram
Ireland, with tattle, amongst which a vet] grievous
loss had been sustained. trim the tempestuous wee.
tiler she had encountered. Previous to her vitiat-
ing. this port, she had put • into the Isle-of Mani
where it is said upwards of twenty head of catty
were found suffocated and, before her surivo
were; all the remainder, (one excepted), bin:Volsci
perished, Besides the is loss to the pen.
prietor, ;his is an addition to the injury to be sus.
tamped by the public, motioned by the vast havoek
made An the land, amongst the cattle and sheep.
by the late snow-storm. the extent of which will,
probably, never be thoroughly known, though its
vitas, is is too certain. will be .comely felt.

ante rdll.. 14 'von ss as, of Beidliagtmy is reported
so lAs lost off Drnness.
A series of most during *tacks hes lately been
mad- on the housed Mrs. Slows., at Bores' 1-1,11,
near Heaon, Yorkhsire. Oa the night of Wednes-
day oe'r.night, the persons resident in the house
were alarmed by the barkihg of a dog, and on look-
ing cut, two men were .discovered attempting to
force open the door, is which they had bored seve-
ral holes; a musket was fired at them. sod alter
some urne.tkey made off ; in the morning a num-
ber of turkies were
:found killed, which it eppears
the villains had been deterred from carrying away.
On the following night two men were again seen
in the garden, And fired at, and one of them su;-,
posed to be wounded, as a quantity of blood was
found near the spot nest day. On Sunday morn-
ing the marks of horses' feet were seen in the gar-
den, and the garden.hoase had been broken open.—
About ten o'clock on Monday night, as the per-
sons in the house were going to bed, three men
were again discovered lurking in the garden, and
on being challenged. 'threatened vengeance if they
could only get into the house. Tie were then
fuesi at, and several musket shots interchanged ;
insomuch, that a soldier at the Beset*. at anise dis-
tance, was alarined by the reports, and came towards
the house, his wife and child accorapany:ng him,
through fear of being left alone. When this party
got near the house, the villains fired at them, but
-they succeeded in getting admittance. without re-
ceiving any injhry. Souse time after. the people
in the house supposing, from a lenthorn being
lighted. that some of the party were wounded, sal-
lied out (with the exception of the soldier, wt,,)
was belt to guard the women and children), and
pursued them really to Hedon ; when the villains
taltiog the road on the bank towards York, it
was deemed imprudent to follow em Any farmer.
Such repeated attempts as the Elroy et, have never
been witnessed in that part of the kingdom. They
call loudly for the 'Sive interference of the Polite,
and indeed of the country at large; for if such
daring depredators are allowed to follow up an or-
will he impossible

the Whole
system of this nature, it
cause. said,. that in his apprehension.-
course of tilt- modern authorities went to confine the I to say where the evil wilt step.
phrase next of kin' torelationsby not by ! A letter from Angers. dated 'Nov. 18, says :
affinity. Neither (rt." it appear to him, from the , " Toward the end of Oarelser aerriat slumber of, fo-
tenor of the will, that the Testator meant his wife ! reign birds were seen passing over the communes
should tie included under the next of kin;and that for I the& bound the department of Maine and Loire, and
the folio wingteasrm : By the will, as had been already 4 which in their flight emitted loud and sbt ill cries. On
stated, the widow was to have an annuity of 1500. i the morning of the 11th, an inhabitant of Longeron
for her •natural life, with considerable legacies i perceived-one at a little distance from him. in one
in money, %amides the Festator'e two boirses, and the of his fields. He ran and fetched a gun, fired at
lurnitere, &e. belonging to them ; hot all these were the bird. and broke his win*. He ezpeded to seize
devi-ed under this condition, namely, that she should his booty with ease. but the bird ran away with
reside in Engl.md. If she residedeither in Scotland stash speed, as would soon have carried him cut of
o- Ireland, er in ary other ceentry. then the devise I the tetch of his pursuer, had he not takeir refuge
was mbe lid; and she was inly to have an annuity I in a Wicket. The man, who never lost sight of
ot I 0t,91. It evidently was ron the with et the Testae I him, arrived at his retreat. and was going to lay
tor that she sheuld adopt this Litter alternative. But ; hold of him. when the hied. starting. up on his
had he meant that she should he included among the legs,_ and raising his bead io the height of his
Mg of kin, his own wish might have been events/1. ; enemy's, unshed upon him, and streck hits Enti-
ty coueteraaed ; since in that case the residue of tinily with his beak and-his.wing. A most extreme
andlsposed property would have been very large, dinar), ci Aid then took place, and after a long
and the moiety of it. which would have been the engagement, the bird was dispatched by the blows
widow's share, might have been so considerable. as Of his adversary. The bird weighed 17 pounds:—
to connterat his own declared wish. Upon the •He had on his head a cult of red feathers, a very
yrhole, be thought that Mrs. G 'kick was not one long neck and bill, black feet. IS inches in length.
of the neat of kilo either in the Weal acceptation • sot three toes to each ; a short tail ; plumage of
of the phrase itself, or in the Imitative bf taw sae' different colours, but principally grey and ash-co.
lathe. loured ;_ the tip of the wings black ; red, and rather
tough, flush. From the end of the bill to the ends
of the toes, he measured four feet ten inches. lie
differed limn the bustard in his bill; neither had
he. like that bird, scales upon his legs. nor the
orifices of the ears so much covered. Ile differed
horn the crane in size, in the colour of his paws,
and in the fine down which covered the great fea-
thers. The down seemed to resemble that of the
oatichs though toe bird was not of that Breit& "