The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-30 00:00:00

LAW INTELLIGENCE.

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IiqSOI,VENT 15EBTORS' COURT, Tautsiaar, D*c. 29.

John 31itee Winnington, cemmonlyealled Sir John Miles Wine
nington, was brought up to be heard ets his petition.
The petitioner was before the Collet several weeks ago, when it
appeared that he had not properly described himself ; he was there:
fore ordered to advertise a second time.
By the present petition it appeared that the insolvent resided at a
numberof pines (Brussels and Paris amongst the rest), during the
time his debts were contracting ; and also that he was sued by
the plaintiff with Henrietta Antonia, his wife.
Mr. PoLLoc opposed the insolvent's applicatirm at the in.
stance of creditors named Gass and Sargerson ; snit Mr. Botsford
and Mr. Riley opposed in person.
Mr. COOKE supported the petition.
The insolvent, in his examination In chief, commenced by state
iog, that in December, 1818, he sold a reversionary interest to hie.
mother (contingent on her life) far 290/., it being 1401. more that
I had been offered for it by other parties.
Mr. Poet.oce, on referring to the balance-Meet, said
that there was no mention made in it of the sale above stated.
The Learned Gentleman said he would make a few remarks ota
the schedule before he proceeded in his inquiries. The debts its.
the Insolvent's schedule amounted to 03611., but the insolvent had
taken credit for several items, with a view to reduce the amount.
It was stated that debts were contracted by his wife to the amount
of 4001. previous to her marriage, and 14001. since they had sepa-
rated, beyond which there was an item of 14411. debts contracted
by his wife and her sister in the prosecution of a commission of lu-
nacy. These items, together with some of a minor description, re-
duced the aggregate sum to 5237/. 19s. for which the insolvent had
received consideration, or, ie other words, debts contracted by him.
self without reference to hie. wife. He (Mr. Pollock) made these
' remarks on account of the allegation oa the schedule, setting forth
the cause of his insolvency, which was couched in the following
words:—" I attribute my insolvency to the extravagance of my
wife." t therefore ask what the insolvent means by it ?
Insolvent--I have been frequently arrested, and had a suit in
Chancery, but I do not wish to set up an Improper plea relative to
the debts contracted by myself.
Mr. Potence—You make your wife's debts about 30001., and
you have got into debt upwards of 60001 notwithstanding you have
received large sums from friends; therefore I think you ought to
have attributed the cause of your insolvency partly at least to your
own extravagance.
The insolvent proceeded to state, that during the ten years his
debts were connecting he received 3,3001, from his mother; that ha
is entitled to 5,000/. worth of property in the West Indies in right
of his wife, and that a decree had gone forth from Chancery for Ito
sale. lie and that he woe an attorney in the Court of King's
Bench, and took out his certificate until' 1820. In the lummer of
1822 (or 1823) he opened an account with Messrs. Morel and Co.
bank's", in Pall-mall, by depositing 2001. in their hands, but he
overdrew their account, and never made a further deposit. He
would not swear that the account was not orerdrawn within sit
weeks after it was first opened.
Mr. David Class examined.—The witness stated that he is
jeweller. The insolvent was first introduced to hint by a Mr.
Thompson, when he made statements which ultimately induced
him (witness/ to Or! Mtn eredtt- fort-gvt* watt+ andappernagea,
together with articles of jeeeellery, amounting in the whole to
1034 13s. The insolvent gave him a check on his banker for
27!. 13a. and a bill toe (lel at six weeks, after date, payable at the
tame place, but the last was never paid, it being returned, with a
note of "No effects" attached to it. The insolvent's check was
however honoured by Messrs. Ilemmereley's, they having at that
time money belonging ro hire. At the first interview between the
insolvent and witness the tanner represented that he was an ate
honey ; that he had a suit on head on the part of a lady, which
was likely to be a lucrative concern; that he was a man of fortune;
and that at his mother's death he had a residuary interest in consie
derable property, adding, that his mother was in the habit of mak-
ing him frequent and liberal advances of money. In consequence
of- these and similar representations the witness declared that he
was induced to give creme The transactions took place in the be.
ginning of the year 1819. A considerable time after the bill *as
returned unpaid- the tneelvent brought another for 2001. accepted
by a Mr. Bracebridge, but that person was since dead, and the
witness held the bill in his possession ever since.
In his cross-examination by 31r.CooKE, the witness admitted that-
he gave Thompson 21. for recommending him so good a customer.
He bad some knoviledge of him, and believed he was a performer.
After the insolvent was missing, Thompson came to witness, and
said, " if you will make ete a present of five shillings,. I will tell
you where lWinnington is, that you may serest him." (Laughter).
By theCouag—When I first gave the Insolvent credit I only
knew him as Alr. Icinnington, an attorney. I did not then know
that he was knighted. The insolvent gave his address " No. 10,
Bunton-place," but he had kit there before the bill became due.
Mr. Sargerson examined.—The witness said that he lives in
the Colonnade, Pall-mall, end is a wine-merchant. In the month
of June, 1822 the insolvent came to hint, and slid he wanted a
parcel of wine and some spirits, observing that he could give ree
spectablc references,and mentioned the firm of Hammereley and Co.
his bankers. Witness afterwards went to the bank, and found thee
he kept cash there, and learnt that he was trustworthy for 271. The.
articles were therefore supplied, and taken to the deferment's reside
ence in Clifford-street, Bond-street. Shortly after this he clime
again, and said he wanted more wine and other liquors, as he was
going to have a large party that evening.. Ile came in a chariot,
with his coachman, and everything appeared respectable. On this
occasion credit was given to the amount of 33!. On the 27th July,
1822, witness drew a bill on Sir J. M,M'innington, at two monies
after date, which he accepted, and made payable at. his bankers*.
By the COURT—I never saw the insolvent from the time he CLEM
in his carriage until he was arrested.
Mr. rOLLVICK observed, that upon the bills given to this gerttlea
man actions were brought against the insolvent in the Palace Court,
but he had removed the cause into the King's Reach, and pleats:
the general issue In that Court.
The Care,. COMMIS3IONER considered that the insolvent bat:
not proceeded far enough in his defence to bring himself within the
operation of the clause of the Act.
In hisexamination by 31r. Cooxt, the insolvent stated, that when
he gave the fkl bill to Mr. Gass he had not the most remote idea
but that it would be paid, for at that time he possessed 5001.
worth of property, and did not owe 1391. fns and dee liability.
Cuter Coetxtesiowaa—You state that you had boa when
yategave the bill, and did not owe 1301., what )appened between
' the date of the bill and its arriving at maturity, to prevent yea
from taking it up 7
Insolvent—" I lost by the sale of borne, and made some tad
debts ; and (he spoke hesitatingly) I was certainly extrema:eget. -
Ile proceeded to state that he pledged the articles bought or Mr-
Gass for 301, but denied that he did so soon after the purchase.
The bill for 200!. of which the Court had heard was one presented
to him by Mr. Bracebridge, a respecieble gentleman, connected
with the Pelican and Phrenix Offices. Ile had since died, but his
tins belief eras that the bill would be eventually paid by this
executors.

Mr. Bamford then entered upon his case; and after pattieg
several questions to the insolvent, he wasted that he is der!
Adlington end Gregory, and had been professionally 'swaged
ConaistoriAl suit connected with the insolvent, and had a
employed to collect witnesses; he had also used same Rai,'
procure evidence relative to the ease then before the Court.
opponent complained that the insolvenes schedule was e
of mistatements, inasmuch as he had put his wife's debo
sums by guess, instead of ascertaining the exact amounts.
Several witnesses were examined, by ♦hose testimony it
that the insolvent had over-rated the debts contracted by
and In one instance the difference was as from 2tlt. to 7s.
The insolvent said be had advertised and sent to the ),
could not obtain the necessary informetion. Mr. Boon

produced the Morning I feral,' of the ."at or tr,,,t of No•.
contained a letter, dated the 21st of that month, rennin*

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explanstcry statements relative to the insolvent's se/Win
John did not deny but that it was sent by his ceders. And
. .

ter of the Court was ordered to 'rad it. to conthaion,
stelad that his spore rhi (the inso:rent's wire) and ha 0-

dissipstA a consi. derahle sum of nioney in legal proceedinj
(Laughter.)
To a question by Commissioner BARR'', the insolvent
be wee committea to the King's Bench in February, and •
within the walls early in September last.
The evidence having terminated,
Mr. Pot.t.oce addressed the Court foe the opposing
and contended that the insolvent had connected debts fr

with his respective clients, and he should confine himsei
point in the observations he would make to the Court.
tog= extended vitt,/ of the case, the beamed Qentl

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