The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-23 00:00:00

INSOLVENT DEBTORS' COURT, MARCH 22.

Jorots Magnus. a fasbiowably-dressed young Israelite- was op-
posed by Mr. Pollock. on behalf of Mesas. Ilarris and Sou and
Mr Remy MAIM Mr. Jonas Levy appeared in person.
The Insolvent stated that his minority terminated about a month
age, but he had been in business four or five years, first at Col-
cbester and afterwards at Chatham, whi .h last concern he torsfer-
rad to Dinah Mew. his soot, shortly battle be weal to prism in J 4.
hoary last. He mid, that ea the sleuth smagoing as fast as It could,
lie thought he would sell it to Dinah, his house-keeper, aid with
the proceeds attempt a compromise with his creditors. It, however,
unfortunately turned out, in the course of the inquiry, that he never
paid a *hilltop of the money to his creditor., nor did he make any
o'er, resent to the person who arrested him, which was rejected.
lie denied Coat an Mier of Pa. 6d. in the pound was made to Messrs.
Hants anti Son but, upon recollection, he thought his brother
made a tender of five shillings. At the time he removed from (',ll.
chimer m Chatham he owed five times us much as he had fonds to
provide for; notwithstanding which he had contracted debts while
there me very considerable amount.
Mr. J•ho tholinson Harris, an extensive hat-manufacturer in
liallos-throat, Borough, stated, that he had formerly done business
erlitt the elteolvent's fs:hcr, who was a very honest man. In the
we* soon *her his father died. the insolvent can* to him
iodiditadued reedit, observing flat he had had very considerable
piers, left hint. Wittiest asked him whether he was of age; the
isobertni said " Yes, and I have been a year ago." In come-
omens of them representations, wimess was induced to credit hint
aNdr 711. earth of hate, which credit he afterwards °Mendel. and
should have done more, but for a letter sent by his traveller from
Ueishesttr, who represented the insolvent in an onfayourable light.
Fawn that time to the present he had never veep the Insolvent. nor
received a farthing of his money. About twelve mouths ago witrAxs
vase the inseirent's brother, who offered him 2e. 61 in the pound,
*high he refused, considering it a swindling transaction.
flee witness was eroes-etainined at great length by Mr. Coors,
an to whe:ber he might not be mistaken relative to a coot-ciliation
which took place at so'remote a period, but nothing was elicind to
shake his original testimony. He denied that lie told the insolvent's
brother ho would net er take a composition from a Jew. He recol-
lected that the insolvent's brother said, when the oter was rejected,
that his brother was under age when he contracted the debt, and be
might get his money how he could.
The ins lent, notwithstanding frequent cautions given him by
Mormon, denied that he eve, saw Mr. Harris during the transac-
tion, al represented to him ce coy one else that he was of age, end
bad received a considerable property by the will of his fats father.
Mr. Harris arm ri.alled, and solemnly declared that tbe state-
ment he had given was correct.
Mr. POl.l OCR said that as the transaction with Mr. Moses. his
other client. tis not apritir to have been effected through fraudu-
lept representatUa. he should canine tinistlf to the case of Mr.
Hawk. It was for the Court to my which party they would ha
'se, the young man at the bar oc his respectable client, who had
h-ject in view but the ends of justice. The insolvent or Mr.
meat one of them have been guilty of direct perjury, but it
say menet to gums en which side truth lay, for it was out
of pmhetsility thee XT. Harris would sit down to make
muse tibia hi hod Overrated Ile hoped, therefore,

410
... •
.•••
at • •

that the Court would visit the insolvent with a punishment corns
Me111WrIll• with his offence.
Mr. Jonas Levy then examined the insulvent at great length.
relative to hfit books (which were produced in a mutilated state);
and also as to the representations he made when he applied for
credit ; but, as in the preceding cue, he gave a decided negative
to every question.
Mr. Levy requested to be sworn and depose to facts connected I
with the ease. The witness stated, that in February, 1821 i, the in-
solvent called on him to settle an account connected with Simon
Magnus, of Chatham, his brother, when he requested credit.
%Fitness inquired of him relative to his age and property; and he
stated that he was more than 21, and that his father had left him
150/. and also several houses at Sheerness. Up.m those and simi-
lar representations he was induced to give insolvent credit. After
witness discovered that he had been defrauded, he saw the insolvent
and threatened to sue him, when he tauntingly said, " I am a
minor, and you may do your beat and your wont:"
Every statement made by Mr. Levy was contradicted by the
insolvent, point blank.
Mr. Cooed addressed the Court on the insohent's behalf. and
hoped that the judgment would in mitigated, in consequence of his
extreme youth.
Mr. Commissioner HAattts said that a case had been established
against the insolvent, both under the 17th and 18th sections of the
Act, but the Court wonld pronounce its judgment tinder the last
named clause. The insolvent's ease exhibited features of the
worst description ; he had had the temetity to attempt to bolster
up his fraud by unblushing and deliberate perjury ; for the evi-
dence given by the insolvent epuld not for a momently put in
etempetition with that of Mr. Harris and Mr. Levy. Ile (the
Commissioner) would venture to say that no person of any descrip-
tion or persuasion in that crowded Court could believe ■ word of
the insolvent's statement. After taking an exietided view of the
evidence. and remarking thereon with merited severity, the beamed
'ommissioner sentenced the insolvent to he remanded, and confined
within the walls of the King's Bench prison for the period of eight
calendar months front the date of his petition, for fraudulently con-
tracting a debt with his opposing creditors.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—YoiK, 111Anot 21.

CROWN SIDE-FORGERYI

George Mitchell Jac*ltott, a youth of the age of thirteen years,
and of very interesting appearance, was pin to the bar, charged
upon the oa.h of Edward Brown, of the township of Quick Banker,
and others, with feloniously uttering forged notes, purporting to be
mites or the Saddleworth Union Bank.

The prisoner pleaded Not Guilty.
Mr. srmutte stated the care tor the Crown. From the Learned
Gentleman's address to the Jury it appeared that the unfortunate
Beth at the bar bad been employed as porter, at the sign of the
81l Inn, at Delph, near Saddleworth, in this county, where the
London coach stops. From this coach office it seemed that the
prisoner had stolen a parcel, directed to the prosecutors, which
contained twelve of their notes, struck from a new plate, manu-
factured in London, from which place it had been sent. The
prisoner, in his capacity of porter, had been sent with the parcel to
the Bank, but instead of going he kept the parcel and filled up the
notes, and pas.ed two of them, am genuine ones ; the others were
found in the possession of his mother. in a box that belonged to the
prisoner. The Learned Gentleman, after stating the case, called
Sarah Pomfret examine—She lives at Delph ; knows the
soner at the bar; on the 221 of October he brought a note to her
house; it wu a I/. note; he laid out a shilling fur turnips and car-
rots; it was a Sathileworth note; she wrapped it up and put it in
her pocket; she offered it to Mr. Brown, but he said he would not
take it unless she marked it, that she might be able to speak from
whom she received it; she gave it to him on the Wednesday, as she
received it on the Saturday; Mr. Brown paid her 20s. for the note.
Cross-examined by Mr. BLACKBURN—Did not know where the
boy lived when she received the note; she keeps a small greens
grocer's shop : there was not a note of that stun): the bank had
a great circulation of notes; she was in the habit of taking notes
of their bank ; she had no other note of the kind in her possession ;
she had one besides, but of that bank ; she received it from a
she afterwards saw the prisoner at the Bell.
By Mr. Baowx—The other note was a dirty one; the note
shown to her is the same; she marked it before the Magistrates.
Wm Wood. examined by Mr. STARKIE—Iie is the landlord of
the White Hart public-house. The prisoner came to his house on
the 19th of October (Wednesday) ; he asked me if 1 would be ao
good as to give him change for a note. On the 26th, witness sent
the note to the bank ; that is the note, signed E. Brown."
By the JUDGE—He afterwards received the note back from Mr.
Brown; he kept the note in his pocket-look; he had none of 4te
notes from the new plates before; that was the only one; he had
never seen " E. Brown" on the note before.

Crosa.examined by Mr. BLACILBURN—fie had received some of
the old notes, but not the new ones ; had nine or ten ; he left
them till the 26th, on which day he sent his servant with 161. to
the Bank ; he had let several persons look at it, because it was
from the new plate; he sent Hannah Slater with them ; she had
gone away and got married ; it was last Christmas that she went
a; he had not written " Wm. Wood" on it when he sent it to the
bank.

By the JunoE—A short time after he had sent it to the bank
his servant brought fifteen soveraigns back ; the note was detained
at the bank; the next day it was delivered up; Mr. Brown called
a Few days after, he put it in hie pocket-book, where it bad been
lodged before; he had never seen Mr. Brown's signature.
By Mr. STAZLIE-It was the first that he had seen of the new
plate.
By Mr. BLACKBURN- He had not been acquainted with the
boy before; he bad never seen him before ; saw Mtn again on the
28th ; Mr. Brown had inquired how he (witness) had got posses-
sion of it ; he could give no information at that time ; raw the boy
in custody on the 26th, at the White Swans, he was brought down
to look at him before be went to prison.
He.examined by Mr. STAIN E—He knew him again, he said,
"young man, you have SOINt forgot the green-shop ;'• the prisoner
did not reply ; saw '• E. Brown" on the back of the new note, ob-
served it before.

By ➢!r. BL AC xnuntr—He did not observe anything remarkable
in it.

Edward Brown examined by Mr. BLACK/MAN.—Ile is one o
the clerks in the Saddleworth Bank.

BY the Jenne—Have you paid both these notes ?—I have.
illiam Wood recalled—He has had the note replaced. The
prisoner's mother gave silver for it. Mr. Brown gave hint a Bank
of England note yesterday.'
Edw. Brown resumed—He is one of the partners. He saw the
prisoner on the 211th October. Showed him the note. Ile held
out no threat or promise. lie put the note in his hand, and asked
him to look at It. It was the note that was paid to Wood. lie
looked at and examined it. I asked him it' he had got change for
that note, and he said he had at a public house opposite the chapel,
of a man of the name of William Whitehead. I asked him if be
had any other changed there, and he said that he had tot. I then
said, where are the eleven others, we have missed twelve? He
said, my mother has them. They were afterwards found In the
prisoner a box. His mother gave them to witness. lie examined
them, and found only ten, six that had been filled up, and four
that had not. The eleventh note was a good one. A genuine note
of our bank. The front was the new and the back was the old.
The ten others were from the plate that came back from Landon.
I asked him where he had got the good note front, and he said
horn a butcher, to whom he gave 20s. I then told hint there was
another note missing, and asked him where it was, and be said he
had paid it to a woinan. I marked it in her presence.
By the JtDGE—The prisoner said he found the note, anti after-
wards
that he had stolen twelve out of a parcel when he went to the
bank. I told him that could not be, as it would (tare wanted a
fresh directien, and fresh paper; he said that he gut pen and ink,
atid fresh directed it. No notes bad then been issued of the new
plate. (Note produced). The signature is not that of Harrop,
nor the filling up of any clerks in the bank. " J. H." and " J. B."
are forgeries. Witness never signed one pound notes. It is signed
in * different plate fdirgeiw nw year of our Lord.
Cross-examined by filr. ilticeiVart—lle had not seen the'
boy before. His age is thirteen years. Saw him at the Bell on
the 20th. Had all the conversation there. He went and asked for
person of the name of Jackson, and the prisoner was pointed out to
Lem. He asked him if he could write, and he found he could.
There were two young women present, one the. niece and the other
a servant of Wood's family. New notes are now issued, but they
had rot at that time. Issued them on the lle did not know
Lim nor Ids-patents before.
(Note contrary(' with the indictment)—read.
Mr. Barra BULLOCK—Now is your time, prisoner, if you wish
to sly an thing in your behalf.
The prisoner said, faintly, "No."
*everal persuns gave the youth an excellent character.
His 1,0 nem le, in his sitar •e to the Jury, said, that theprinoner
stood indicted for a capital felony ; and the ilutstion for the con-
sideration of the Jury was, whether the prisoner knew it to be a
forgery ? There could be no doubt that he did. There might
have been some diffintlty in bringing home the charge to the pri-
soner, but for the conversation he hail with Mr. Brown, which
established the case.
The 'fury re ired. and, on their return found the prisoner Guilty,
but refoniiireladed him to mercy.
Mr.*Baron II t.Loce—On what ground, Gentlemen ?
Jury—On accelint of his youth.
The JUDGE—It shall be attended to.
Mr.STAKIIE—And Ruch, my Lord, is also the prosecutor's
wish.

His Lordship was observed to shed tears—his feelings were
powerfully affected.
'Death recorded.
• Jan C/avon, aged 32, late of Maplewell, in the IVest Riding,
stood charged, upon the oath of John Simpson, of Ledi.ham,
overseer of the poor, and James Sandiland, constable of Wakefield,
with Bigamy.
Messrs. BLAND and flaewooll stated the case for the Crown,
and Mr. !BAUD conducted the defence.
The Learned Gentleman, Mr. Bland, after stating the facts, as
will be detailed in the evidence for the prosecution, proceeded to
earl
Milian Dixon, Clerk—Witness'is the Curate of East Ardsley ;
he married the proomer to Elizabeth Milos; he was acquatnted
with the priseeter Ohyton.
By the JUDGE—He resollects the parties ; he has got a copy of
the register; iris a true copy :.
" John (lavtsn and Elisabeth Milne were married by banns, at
the parish of East Ardsley, York, thh November, 1615, by toe,
%VS:Sam Diaon, Curate.
Cross.examined by Mr. MAlM—Witness had known him long.
She was stated le bee parishiwier. lie toot none that were nor.

Had heard the prisoreee first wife had r•n off with another man•
Heard it by report. Did not hear of her death. They resided at
Ludt,. Had heard they had three children. He could speak to
knoWing them five years.
Sarah Robinson (the second wife) examined—She knew the psi.
ponce rinme re* yearn ago. Don't exactly know the time. She was
living at East Artiste, when he married her. They were married ut
Bothwell. It was a yoar ago last harvest. They afterwards went
to live auMaplewell. Can't say how long. About twirl' year. She
afterwards went to Rothweel. She found a person stir, said she was
his wife. She would not stay seitli him then. His first wife struck
her with the tongs. (Geese langleter.)
Mei-Sarno eeoex—ls there any count foe this! (Repeated
laughter.)—They were married, by benne, at Bothwell.
Cross-examined by Mi. fifers—She married hum Maplewell.
They were hying eta man anal wife. Neither of them lived at
Rothwell.
J3"1"". 813'16,440, examined by Mr. iletwoon—He is a On-
stable. Ile teak the prisoner into custody. Clayton said, that she
was his wile, and that he had got another. His first wife caste to
Wakeliell, and +aid, rather than she would have any bother about
him. she would giVehini up, tad let the second wife have him.
(lttani of Intighter.)
Register of the second manisge reate--24th September, 11124.
Samuel Tetley, examined by Mr. :BAUD.-- flea known the pri-
m*" fourteen years • his first wife (Milne) was then living with a
man °ldle name of Barker..
By the Jouret.—Stie bad done so for three or four years ; she
ran away.
Crosseexamined.—She was away two or three years ; there was a
report that she anis dead.
ilia Lotman' it-objected to the quoit inn.
Can't say if they were married; they were living together u man
and wife e can't say how long.
His LORDSHIP said that the case had been clearly made out
'gaited the prisoner; that the law made the second marriage void
where the brat wife was living, and that this made the second wife
an admissible witness. Had the former wife been supposed to have
been dead, and, if he had not heard from her for seven years, the
'case would have been different ; but the defence set up of three or
four did not takithe case out of the statute.
The Jury found the defendant Gailiy.
His Lonnsitte sentenced him to six months' imprisonment in
the House ot Correction tabard labour.
NISI PRIUS.
Briars Mr. JUSTICE BarLEY arida COMMIS Jury.
CLARKE v. JOHNSON AID ANOTHER.
Mr. HOLT opened the pleadings, and stated the case he the Jury.
From the Learned Gentlemen's address, it appeared that this action
had formerly been tried before his Lordship at the Summer Aaetzes
in lees, when his Lordship unsuited the plaintiff. Since
which, a motion for a new trial had been made in the Court of
Common Pleas to set aside the verdict, and for a new trial on ac-
count of a misdirecting of the Learned Judge in his charge to the
Jury, which the Court of Common Pleas had granted ; and the
trial now came down by proviyo. The facts of the case were shortly
these. The plaintiff (Miss Clarke), a very beautiful young lady,
then residing at the parish of Oswald Kirk, near Scarboro', had be-
come pregnant by a gentleman of fortune. The defendants, in their
capacity of overseers of that parish, and by virtue of their office,
thinking that the child and the mother might become chargeable to
them, insisted that she should exonerate the parish from the bur.
den. The plaintiff; under Ruth circumstances, immediately, through
the means of her father, in her own name, deposited in their hands
eel.. which money the defendants paid into the banking house
of Messes. Moorsonis and Co. who failed in Ulla. The defendants
afterwardiereceived ss. in the pound, for which they gave a receipt.
The child, which is now eight years of age, has never been charge-
able to the parish at all, and this action was brought to recover
back the sum so paid, which it was contended bad been illegally
demanded and taken from the plaintiff. The defendants denied
their liability to refund the money back, under a plea of non
His LORDSHIP said that he was taken wholly by surprise, as he
was ignorant of what the Court of Common Pleas had done, and
should have been glad to have been put in possession of the facts.
Mr. SCARLETT. for the plaintiff, contended that the overseers
had ro right whatever to demand or take of the plaintiff this mo-
ney, merely because they supposed that the mother and the child
would become chargeable to the parish; and consequently the de-
fendants had a just right to refund it.
His LORDSHIP said that he was of a different opinion, and fug.
gested a reference, taking a verdict for the plaintiff.
Damages 100/. costs 40s. subject to a refereuce, and which TO.
ference be made a rule of Court.
In the course of the day the Foreman of the Grand Jury took
' occasion to observe to his Lordship, that the attorneys had neglect.
ed to lay bills before them, and that they had been kept last night
for upwards of an hour and a half, and now they were in a state of
suspense.
Mr. Baron H neeocx—Gentlemen, it is a scandalous proceed-
ing on the part of the attorneys. To prevent the expenses falling
on the county, I will order the attorneys to pay the costa.
THE KING V. JOHN BARKER.
This was an indictment against the defendant for committing a
breach of the public peace.
Mr. STARRIE stated the ease tbr the Crown, and called the
prosecutor,
Anthony Johnson.—He is an attorney at Beverley. The de.
fendant has annoyed him more than once or twice. Remembete ,
particularly, in Mee, he was at a public.house at Weedy,
when the defendant came in, and asked the prosecutor lif
he would have a glass of gin. He said, No, he would have
nothing to say to him, he would not drink at his expense, and
' begged he would not interrupt him, as he did not want to
have any thing to do with him ; he then held up his stick in a
menacing way, and said, " Mum, but I will have something to do
with you before long in another place," and called him a (1—.41
perjured rascal, and a scoundrel, both of which he could prove him
to be; that he had eubpcenactl two respectable persons to perjure
themselves at the assizes, and that be was A d—d petty-fogging
villain. After the case had proceeded a little further, his Lord-
ship thought that if the defendant pleaded guilty, and entered into
' his own recognizance is keep the peace, the prosecutor would be
content not to press the case against him, which the prosecutor con.
tenting to, a verdict of guilty was taken ; when his Lordship,
calling up the defendant for judgment, said, John Barker take care
you don't annoy that gentleman any more; he has behaved very
r kindly to you.