The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-26 00:00:00

ELOPEMENT.

Saturday W Carman and Elisabeth Cleve were charged
ha Mr. W. Cleve, of Nu. 61, Bickardson-street,under the Nl-
lum, mg curious cirrnm4tauces :—On Monday last the Cum•
pfiluaii Os wife absconded with the Prisoner, Carman, carry-
ing with bey a considerable sum of money, and leaviug a
family sif young children to the care of her husband. She
w.ss not Ft'VIS or beard of till three nights afterwards, when,
as M,,,Cli-ve was quietly stooling his pipe in the parlour of
Sourd and Buckler public-house, in Bernsuudoeyadreet„
his flail rib and her paramour walked ia. They sere a
little confined at *reins him, but quickly assumed as air
of compuoure, sod Carman told the Complainant that by
J— if he distressed the lady, by any impertinent re-
marks un he► delicate situation, he would break every bone
ita his skit)." Pour Mr. Cleve, naturally of a quiet disposi-
tion, bad too much faith i■ the appearance of Mr. Car.
man's endive' to doubt the truth of Isis intentious, or feel
the least inclination to pat them to the lest, and, accord..
ingly, be left the room and obtained a comtable, who took
th,rn both to the cage.

The Alacritous's seoil, as in assault is as committed, he
could not sestet fere, and Mr. Carman and hip there anti* de-
parted waled, together.

RECORDER'S RUPORT.—Friday the Recorder
mole • Report to his Royal Highness the Prince
Rev., us Council of the following, convicts wider
seate.see of death Newgate, viz.—

john Leaver, fur burglary ; Berijarnia Noble, Mary Brown,
Jahn Butkr, William Hillery Bird, Sarah Ring, and Henry
Phillips, for stealing in direlliugainaws; Sarah Lyuu and
Boulw Levy, fur waling goods privately in • shop; Sarah
Monde and Thomas Alabaster, for house-breaking; sad
Susan Suloonoaa, fur highway robbery—
wit Betsjoasin Noble oas ordered for execution
on Wednesday next. The others were respited durs
ing his Itnyal Highness's pleasure.
OXFORD.—The it,sixes for this county corn.
men..ed on Thursday; the Commission was opened
on Wednesday. The trials had
_not finished on
Fridiiy night.

WINCHESTER ASSIZES, JULY 24.

BANK.

CARTER AND OTHER% AsSIONEES DIRCRIN,
CARTER, AND KELLY. V. TOLLERTET, SZNIOR.
This was an action bought by the imiguers,
under the ennsmiroion issued and awarded apinst

the Portsmouth Mink, to recover from the Dr.
reorient the sum of 3.4611. 3.. yd. the balance of
amount due from the Defendant to the Bank. The
defence to the action wage that the commission

under which the Plaintiffs were appointed assignees
was not a valid cnmmi ' on two grounds: first,
that the petitioning creditor', Messrs. Mastering!),
Peters, Mildred. and Co. had no debt due to them
at the date of the commission which could consti-
tute a legal petitioning creditor's debt; ■nd second,
that the baiskruptcv hail been preconcerted between
the petitioning creditors and the bankrupts.
Mr. Sesjeant Pim), opened the case for the Plain-
tiffs, and stated the minim' of whet was afterwards
proved ; that an art of bankruptcy had been com-
mitted in London by Mr. Mincl ) i eee and by Mr.
Carter and Mr. Kelly in the country ; the first by
a denial at his then place of residence, and the ah-
►condtng, tiling the word in the legal, and not in
the off-iisive sense, by the partners in the country.
Ile ►tatedl that the house of Masteries's,' and Co. on
which the Portsmouth Bank drew, were, as might
naturally he expected, in considerable advance to
the house, and that, there-fore, lit►le doubt could be
entertained that there was a valid petitioning credi-
tor's debt. With respect to the other point of the
bankruptcy having been preconcerted with the
itetiiioning creditor. the Jury would he satisfied
that no imputation of that description had any foun-
dation; and with respect to the only remaining flew.
non, the liability of the Defendant, that was equally
clear.

Henry Brtoint, the first witness, proved the ext..
cotton of • mortgage deed fur upwards of 30,000/.
by Messrs. Minchin, Carter, and Kelly, dated the
fith or June, 1618 ; end, together with other wit-
nesses who were its the hate Batik at Portsmouth,
and its the house of Masterman and Co. in London,
and in the lionies of die Notaries, proved the non-
payment of several hills to a considerable amount,
which bad been endorsed over to Masterman's, and
dishonoured by the acceptors when due; and also
several drafts, which had been drawn upon the
losse,e of Nlasterman and Co. by the Portsmouth
Bank, which became due and payable o► or about
the time of the bankruptcy. and which of course
had been duly honoured. There was also proof of
an excise draft for upwards of 14,0001. drawn by
the poeismouth flank. having been presented to
Messrs. Nlusterrnan and Co. and refused by them.
Witnesses were then examined to prove the acts
of bankruptcy.
Mrs. Bowers, who keeps • lodging-house in
Howard-street, Strand, proved that lodgings had
been taken fur it gentleman who was called M►.
Forster, but who in fret was Mr. Minchin. Persona
called there, but she could not say what their busi-
ness was. He was only there one night.
Mr. Briggs, the solicitor to the commission,
stated another act of Mr. M.'s absenting himself.
Martin Shrill, the younger, also deposed to Mr.
Minchin's directing himself to be denied, and of
persons calling to ask for him.
A post-boy, at Potties, proved the hiring of a
chaise at one or two in the morning of the 10th of
November, the slay on which the commission issued,
and that he drove Mr. Carter and Mr. Kelly to
Petersfield ; and the servants of those gentlemen
proved, that they had left home early on the morn-
ing of the 10th, and that they did not return for ■
considerable time afterwards.—The next witnesses
proved, that the banking-houses were not opened
on the morning of the 10th, nor afterwards, and
that persons came to demand payment for notes.—
Tile last point made wa•, that of notice having beets
given to the Defendants, calling upon them for pay-
meta.

Mr. CASBERD, on the part of the Defendant,
with a considerable degree of warmth and energy,
opeued the defence, and contended, that the corn.
miomon could not stand for a moment, inasmuch as
the Jury could entertain no doubt, upon hearing the
evidence which he should adduce, that the petition.
ing creditors were privy to this concerted act of
bankruptcy; and, therefore, though the Court of
Chancery bud held that a concerted set on the part
of the Bankrupts, would not invalidate a commis-
sion. yet, with the privity of the peitioning
tor. such commission could not ►tend for an instant.

Mr. Thomas Minchin, the younger, the son of
one of the bankrupts, remembers striking the docket ;
was acquainted and banked at the house of Master-
man and Co.; Mr. Mildred was a partner ; his
father came to town on Monday, the 9th of Novem-
ber, with notes and bills to the amount of 115,000%
to cover the excise draft of 14,000/. but was told
that it had been refused acceptance on the Sata►-
dsy, and therefore it would be too late to attempt to
maintain the credit of the Portsmouth house. Mr.
Mildred expressed himself ready to do whatever
the Mr. Minchins II ght advisable; but con.
crived that nothing could save the creditors gene-
rally from the consequences of expected extents but
a bankruptcy; to accomplish which, he gave direc.
bons to the witness to sue out a commission, and
to find cot acts of bankruptcy in the best way he
could. The witness immediate ly proceeded to
Portsmouth, and advised Messrs. Carter and Kelly
immediately to proceed to London, in order to avoid
the cciansequences of the extents upon their persons.
Witt this advice they complied, and went off as
described. The witness also directed the managing
desk at Portsmouth to get persons to demand pay-
ment of notes, in order that • stoppage of pay.
mem might be established. The witness said, that
he had no other than general directions from M.
Mildred, and that Mr. Alildred had never since
been informed of what had been done. Ibis direc-
tion, were to take out the commission, but no par.
bailer orders were given, nor was there any privity
on the part of Mr. Mildred.

Mr. Serjeant PILL, in reply, contended, that it
was impmsible so respectahle ■ house as tiled of
Mortensen and Co. who had so little issterest, and
no other desire than that of serving the Portsmouth
house, could have ititendell to have been parties to
soy illegal proceedings. They supposed front the
known insolvency of the parties, that acts of bank.
ruptcy oust base been already committed, and,

therefore, that it only wee to follow up► those acts of
bankruptcy for the general benefit of tl►e creditors.
Mr. Ba►on thulium, in summing up. took off
all blame from the house of Masterm■u and Co.
but that of inadvertency. The question for the
Jury to consider was, whether the directions given
by Mr. Mildred to Mr. Minchin. jun. did not make
them responsible for his acts, and made him so corn.
pletely their agent that they could not free them-
selves from the consequences. The Learned Judge
praised the manner ►n which Mr. Mnichin. jun.
gave his evidence, and took • luminous view of the
whole case, but chiefly directed the attentiou of the
Jury to the above point.
The Jury retired, and subsequently followed the
Judge to his lodgings. where they were celled in
several times before they could settle the verdict,
which at last was given for the Defendant. The
commission is thus virtually done away.
The trial lasted till a very late hour, and the
Court was excessively ,rowded.