The British Press; or, Morning Literary Advertiser.
London, England, 1804-05-14 00:00:00

earirine ia different Pales of this han'arteptcy,
that it was difficult to give 'any clear view of the
whole. One cf the petitions prays for the removal
ofts..th assignees; anotheK for that of Mayfair only.
There has evideirly been a complete juggle in this
bnsiness, and it has been supposed that my clients
are parties to it ; but it will appear otherwise.
The petition to supersede the commission was,
presented by eight creditors, whose debts amount-
ed to 13001. and to whom, we now add another
proof for 120a1 whereas the petition on the other
side, althoti4h it includes the name of twenty•
seven creditors, does not afford debts to an
equal amount with the other Petitioners ; so that at
all events, Starke and Co. have a majority to sup-
port their proceedings. It has been said, in answer
to the Petition to supersede the Commission on the
ground of prior efts of Bankruptcy in the year
1795, that our debts are subsequent to 179fis and
that consegi; ntly we should be precluded from
all benefit under inch a proceeding; but the answer
it obvious. If the bankruptcy is carried back to
1796, it will destroy the conveyance to Vincent Ken-
nett, and there will be sufficient to pay all the Cre-
ditors of that period 20s. in the pound, and the sur-
plus will consequently resort clearly to the Creditors
(if the sobsequent period. But it has been alleged
!hat there is a conspiracy in this case. If there be
my Conspiracy at all, it is between the petitioning
Creditor, his brother. Duff, the Solicitor and the
Bankrupt ; for my Clients, the Creditors, contend
that Kennett is 3 solvent man if this commission of
Duff's Le cot down, and the whole pmperty fairly
distributed. The conduct of Mr. Duff, who now
petitions to discharge the order, direffing.an issue
for trying the validity of this commission, is just as
inconsistent with fear ploy, as Mr. Platfair's coo-
dial is with his duty its an assignee.—What right
had Playfair to permit himself to be appointed an
assignee ?--He knew that he was an uncertiticated
bankrupt, an insolvent debtor t bat the knowledge
of those fads extended to Henry Kennett only.
The eight creditors, whom I now represent, were
equally unacquainted with Parlby's Womb and
Mayfair's insolvency, at the time they made them
assignees."
La en Cot arscat.t.oa-..." It is quite elm that Henry
Kennett chose these assignees, availing himself of
the ignorance of these creditors as to the persons
whom he proposed to ele9. He plays with them
up to the moment when he quarrels with Playfair,
whom he bad chosen as a creature of his own, and
then bestirs up those very creditors who had elefted
Playfair and Parlby to petition for their removal.
I Call have no doubt what should be done in such a
case. These assignees must be discharged; and new
ones chosen." _

Mr. RomiLLY.. I wish your Lordship would
permit this matter to be now fully investigated. • It is
necessary for the proteetion of the public and the
sake of justice, for I will venture, confidently
and snlensaly, to state, that if there ever was a case
which would authorise the Cm7t to call upon the
Attorney General to prosecute at the public expenee,
it is this."
Loan CHANCELLOR—t‘ Although my mind is per-
fectly made up as to what order I ought to make
for the future administration of this Bankrupt's es-
tate, yet, Mr Romilly, 1 will hear the whole case
through with the utmos- patience, entirely for the
purpose of knowing wnether I should command the
Attornsy General to prosecute or not.
Mr. ATTORNISY GLPIIIAL —" My Lord, I
should be glad to know, being engaged as Counsel
in this case, agamst whom it is that \lr. Romilly
thinks there ought to be a prosecution, as, if this
' matter is to come before me in a criminal shape, it
is highly necessary dia.. I should know that those
for whom I stand here are not criminated in it."
Mr. ROMILLY" My Lord, 1 contend that
there has been a conspiracy in this case to keep all
the property from the hands of these creditors, and
to retain it in the family of the Kennet's. which, I
maintain, was entered into immediately after yoar
Lor,lship superse led the first Commission; and it
was formed between Robert Kennett. the Bank
rupt, Henry Kennett, the son. snd Brachley Ken-
nett, the Bankrupt's brother. Their scheme to of
fea this objea, was by getting two persons appointed
assignees, totally unknown to the creditors, as
Ruby and Playfair were, and then to sell the
whole property under fiaitious names, so that when
an inquiry was instituted, nothing could possibly
appear. This, my Lord, is the outline of the con-
spiracy, which I think your Lordship is impera-
tively called upon to submit to a Jury of the country."
Mr. Arros LT GLKERAL—." The Creditors,
who are my clients, arc not at all involved in this
statement ; but if any criminal proceeding is talked
Li, should not the Kennetts be before the Court r.
Mr. PIOGOTT on the same s;de—t, No combina-
tion can be proved to have existed between the cre-
ditors whom I reprssent, and Playfair; for they
swear that they knew nothing of him even at the
time of the meeting."
I•jlto CHANCELLOR—" Piayfair himself was pre-
sent at this meeting, and Parlby was professedly re-
presented by Henry Kennett. So that these cre-
dit as at least made this eleaion with their eyes
open."
Mr. Teosiso's, for Playfair—" My client objets
to his removal only in the diameter of a creditor.
He is now doing his duty with the utmost diligence,
and has been doing so ever since he discovered the
fraudulent condua of the. Kennet's, for be has ac-
tually arrested Henry Kennett for 4001. which be
has received under the power of attorney from
Parlby, one of the assignees. None of the creditors
deny their knowing Playfair's circunistancei at the
time of chusing him assignee, for, with the exception
of Mr. lienry Kennett, the only person who makes
any affidavit, is Mr. Dickins. the Solicitor: the oh-
jet' of all this is very evident.—Playfair has shams
himself determined to do his duty. Henry Kennett
and he have consequently quarrelled; and the
former consequently summons thsse'peti loners, who
are tools of his, so conspire to remove Mayfair, be-
cause he appears resolved to do his duty. Besides
these very assignees were chosen by the very cre-
ditors who now petition for their discharge; and
may they not chum a second time, persons as obi-
jeCtionable as the present ?"
Lotto CHANCLI.LOR —" I have fully made up
my mind not to permit one of those creditors to
vote at all in future."
Mr. Rlc nit Ins and Mr. Comte, for the other
assignee, Mr. Parlby—sulnuitstd the helpless con-