The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-06 00:00:00

LAW INTELLIGENCE.

INSOLVSNT DEBTORS' COVRT, Tammuz', JAS. 5.

Gabriel Solomon, whose case had been adjourned from the pre-
ceding to this day, to afford the Insolvent an opportunity of intend-
ing his schedule in sonic points of omission, was brought up and
remanded by the Court for four calendar months.
Gustavus Enghman, merchant, was opposed by Mr. Potts:ace,
on the part of blesses. Penny and Creighton. It appeared that the
insolvent, after a former dealing to the amount of 921., for which he
had given a bill accepted by Mr. bough, required goods to the va-
lue ef MR., which was refused unless Mr. bough's acceptance was
given the this sum, as had been done in the former instance. The
insolvent said that he should see Mr. Lough, and what was re-
quired should be done. On this assurance the goods were sent and
shipped to Sweden by the insolvent. After the invoice had been
been completed, and while the goods were in the course of voyage,
the insolvent called on Messrs. 'fenny and Creighton. to state that
Mr. Lough refused to accept on account of the difficulties of his
own affairs. The goods sent to Sweden had been sold there, and
the produce remitted to the insolvent.
The CouRT directed that the insolvent should be remanded to
the 13th linot to tile an amendment of his schedule.
Joseph Ford, the elder, of :Mortlake, gentleman, was opposed on
the part of Messrs. Todd and Merriam. It appeared trom the
examination of the Insolvent, that he gave a guarantee for the
amount of some goods which the insolvent's eldest son, on remov.
ing his business front Mortlake to Reading, procured from Messrs.
Todd and Co.
The insolvent stated that he did not represent himself to be the
proprietor of the shop at Mortlake, but that the persons who re-
quired the guarantee might have understood that the concern at
Mortlake, which he conducted for his soil, was his own. The bu.
sines had been carried on for two years by his son before he re-
mewed to Reading, and for three months subsequently by the in-
solvent. The insolvent also alleged that when he went to sign the
guarantee the goods had been sent.
Mr. Slater, a clerk In the house of Messrs. Todd and Co. being
examined, stated that he was present at some conversations, in
which thelnsolvent had insinuated that he was a man of proprrty,
and on this inducement the goods were sent to the son. Before
the guarantee was given, the goods were refused to the son. At a
meeting of the son's creditors on the 211th January, 1826. the insol.
vent, for the first time, stated that lie was merely conducting the
shop at Mortlak: for his non, and that he was not possessed of any
property. At that meeting Mr. Dillon, of Mr. Todd's establish.
ment, reminded the insolvent of a former conversation, in which he
had mentioned that he set up his eldest soh in business at Reading,
and his second at Mortlake. The insolvent then said that when he
gave the guarantee he was in expectation of some assistance from
Isis wife's friends, and only did what any father would do for a son.
lie further admitted he had failed three years before at Rosehill,
and had not then any property. The insolvent being charged with
not stating this fact at the time the guarantee was in agitation, did
not deny the concealment ; and to an imputation of false repre-
sentations, he replied, " perhaps I did a little." The insolvent be-
ing asked on that occasion (In reference to • former conversation),
what he had done with the houses ? answered, theist he had none.
Mr. Dillon told the insolvent that lie would better consult his re-
putation if he proved he had.
This witness, on his cross-examination by Mr. Cooxt, said
he had not brought the account-books containing the particu-
lars of the credit transaction. At that time Mr. Dillon was
managing clerk, but witness was present at a conversation,
dusing which Mr. Dennis, the Solicitor of insolvent's son, talked
about his client's atfairs, but did not mention in the hearing of
witness that the sun would pay a dividend of 17s. or 16s. 9d. in
the pound.
This witness being re-examined, stated that a deed had been
submitted to Messrs. Todd and Co. to sign ; but that they refused
to comply, as such act would have been a discharge of the present
insolvent.
The insolvent, examined by Mr. Cooxx, said lib did not know
that the gentleman he met about the guarantee was Mr. Dil-
lon. Whoever that person was, he mentioned that the goods were
gone. All the articles in the shop at Mortlake were given up
to the son's creditors, Messrs. Todd and Co. and by them
were taken away and sold. The value of the goods at Mortlake
was M. Ile could not tell what the goods in the shop at Reading
were worth, _ . . . -

Thomas Ford (son to the insolvent) examined by Mr. Cooct,
deposed that his father went to the house at Mortlake in Au-
gust, 1821. Foe two years before that time he was Lying with
the witness. After keeping a grocer's shop at Ratcliffe-highway
foe three months, his father returned to Mortlake. Witness was
made • bankrupt about twelve months ago, since which time
he held no communication with Messrs. Todd and Co. except
through his attorney. Ills debts amounted to 2,0001. Ile did
not know the value of the property which he gave up at Mortlake
and at Reading. but the account which he first returned would make
it amount to 171. in the pound. Expenses incurred in the Chan-
cellor's and Vice-Chancellor's Courts since, reduced the amount.
('rose-examined by Mr. HEATH—The litigation was occasioned
by me. I meant to supersede the Commission. I have acted,
and brought matters into Chancery, on the advice of my friends,
and by the advice of my Solicitor (a laugh.) My object is to get
damages, as I conceive I was unfairly treated.
Mr. Coon E said, that the circumstances of the case reduced tt
to a mere matter of debt. The goods had been forwarded to the
son before the insolvent had any concern in the transaction. The
guarantee for which only the insolvent was now responsible must
be deetped • subsequent proceeding, and could not influence the
previous despatch of the goods, and therefore no charge of fraudu-
lent in.ention can be thence retrospectively conveyed to the original
cause of credit, whether given on misrepresentations or net. Be-
sides, the goods' at Mortlake had been disposed of in payment of
the debt to Messrs. Todd and Co._ _ _ _

...--..- -
Mr. HEATH, in reply, contended that a cane of fraud had been
Indubitably made out, particularly since the production of the In-
solvent's son as a witness. The insolvent, without any property
or any expectation of means more than the support which he de-
rived from his son, had the hardihood to induce persons to advance
goods on his guarantee by insinuations and assertions of property in
his possession. Notwithstanding the advantage taken of Mr. Dil-
lon's absence this day, it was sufficiently evident that the goods
would not have been sent to the son without the insolvent's guaran-
tee; else why was the guarantee, as a matter of supererogstion,
given when the credit required had already'been yielded without
it. The collusion between the insolvent and his son was manifest.
Every feature of the case proved the family compact, and he trusted
that the insolvent would receive his meed of retribution for his
Aare in the imposition.
The COURT, in addressing the insolvent, observed—" Mr.
Ford, it is clear that your case is included in the 18th section of
the Act of Parliament. The excuse which you have adduced in
vindication of your conduct is not valid in law or on the principles
of morality. You had no right to allege possession of property to
benefit your son, by procuring credit on such fictitious assurances.
You were evidently a participator in inveigling the creditors to give
and the judgment of the Court therefore is. that you be not
discharged out of custody, nor receive any benefit from the Act for
eight calendar months, during which you shall be confined within
the walls of the prison, and not entitled to the privilege of the
rules."

WESTMINSTER SESSIONS, THURSDAY, JAN. 5.

The General Quarter Sessions for the City and Liberty of West.
minuet commenced this morning at the Guildhall.
From the Report presented to the Court by Mr. Nodder, the
Governor of Tothillfields Bridewell, it appears the calendar is
comparatively light, there being but 115 prisoners for trial,
charged with felonies, misdemeanors, &c. and only six on the
traverse paper.
The Grand Jury having been sworn—
The CHAIRMAN said it was highly sutisfactory for him to state
that there was nothing in the calendar which called upon him to
make any remark.
The Grand Jury then retired, to find the bills for felonies ; and
the Petit Jury having been sworn, the Court proceeded tin the
traverse paper.
W n. Chinks Payne stood indicted for fraud.
The prisoner called upon Mr. slortinier, • Solicitor, residing
In the Albany, and represented himself as the son of a fanner of
the name of Lintott, living at Breather, in Sussex ; and after
some preliminary conversation, in the course of which he displayed
an intimate knowledge of the place and its inhabitants, proceeded
to wriest the loon of Ni., an Msaid he had been disappointed
of • remittance, arid had been unexpectedly called upon to de.
fray the expenses of his brother's funeral. Alr. Alortimer, who
is himself a native of Bomber, entertaining no suspicion of the
prisoner being an imposter, lent him the required sum. After.
wards, having ascertained that he had been cheated, and hap-
pening to meet the prisoner in the street, he gave him into
custody. •
Veedict—Gaitry.
Sentenced to three months' imprisonment.
Jots Williams, a remarkably powerful young man, was in.
dieted for an assault. . . _ . .

,--;fliipWintierWa.s tried at the last Sesslonson a similer charge
and acquitted, and within two hours afterwards was seen by Booth,
• covetable, near Spring-gardens, where lie wu amusing himself
by Insulting every person he met. On being remonstrated with by
Booth he most unceremoniously knocked him down.
':silty. Sent.:Ted to three months' imprisonment.
market of 100 feet square, and 25 feet high, 11
erected it Brighton, to be called Brunswick
Pier at Ramsgate, oh Thursday evening, a'
lamed George Harris, cook of the American
1, returning tothis vessel froth the alehouse, in
lth several of his messmates, obstinately per:.
Jilting near the edge of the.gosy, although the
__ dirk and chick with snow, which rendered It
impossible to distinguish its marginal boundary. In
—ipanions endeavoured to convince him of his
prevail on him to cheose the broad path of
ran along exclaiming, " No fear, no fear !"
was lost in the abyss into which he had so'
precipitated. himself. Immediate assistance
and he was taken tip bleeding and speechless ;
, low, the height of the fall was increased. Ile
a few hours and expired—a fearful mementoes{
Pot"comranions, and sincerely lamented by his Captain'
the vilto,e crew.