The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-31 00:00:00

'RT OF EXCHEQUER.
:1 TO IC HEARD THIS DAY.

COL

Evans v NVilllatni,

decree nisi

ii;tilford • Archer

Davie!' • Evans

hiller v Jackson,
part heard
Colebrook y Need
Norton t Hammond
Dean and Chapter of
York ♦ Middle-
burgh

Watkins • Smith
Ripley V Stockley
Rawley ♦ Carta
Mayor V Nixon
Tarpley v LinneU
Ward a Boyd!

LAW INTELLIGENCE.

COURT OF EXCHEQUER, Sloxs)Ay, JAY. 30.

Mr. Bunn °miaow took his seat to-day, about *keen o'clock,
but there being no business whatever to go on with the Court im-
mediately adjourned.
31r. Bum Ciannow intimated that business would be done to-
morrow in the New Court.

INSOLVENT DEBTORS' COURT, SI ONIDAY, JAW. 30.
Edward Davies was opposed by Mr. HEATH—It appeared from
the examination or tl:e insolvent that his schedule had been
amended by an order of the Court made on the nth of this month,
and insertion made in it of a leasehold interest, which had been
previously omitted. 'floe ir.solvent had expended 3501. in the re-
pairs of his dwelling-horse, which was still in the possession of
his family, but swore that all the fixtures were removed by his land-
lord. Part of his house was let for RBI. Per annum, to Sir. Do.
betty, whom he directed to pay Mr. Whitton, his (the insolvent's)
landlord. He could not tell whether Mr. Doherty had paid the
last quarter's rent or not ; be had never inquired about it, nor
made any mention of it in his schedule ; he swore also, that he had
bad correspondence with hie wife or family Ms commitment
The insolvent was Alm indebted to Mr. %Mon, a tairer, in Duke-
street, St. James's, for a suit of clothes, which be had pawned,
and had omitted in his schedule any mention of the debt, or the
duplicates ; having made away with the clothes, he observed, he
thought it useless to speak of them. In the same manner he had
thought it needless to remember another debt to Mr. Parsons, for
beech-wood, which, by his account, had been since seised for
LAU'S.

During his examination, 'the insolvent frequently
.referred to
some papers which held before him in his hat, and yielded them
apparently with much reluctance at the demand of Mr. Heath.
Being questioned, however, as to one of them, which he appeared
to retain pertinaciously, " Oh !" he exclaimed, " it's only an
.hl newspaper, you are perfectly welcome to it, and I hope it will
answer your purpose."
The COURT—lnsolvent, if you repeat your levity and inso-
lence, you shall be remanded for three months.
Mr. HEATH resumed his examination—Mr. Lewis was put
down in the sehodille as detnor in the sum of :1361. while Mr. Lewis
on the other hand, claimed from the insolvent a ballance of 4581.
allowing only 1101. of charges, which Davies contrived to swell to
upwards of 9001.
His papers being returned to the insolvent—
Mr. HEATH observed—l don't understand the account between
between you anti Mr. Lewis.
Insolvent—Well, indeed ; you had better read it again (holding
out the written statement towards the Learned Counsel).

Ile then proceeded in a very voluble and intricate discourse to
narrate his dealings with Dir. Lewis. He had been employed by this
gentleman, to whom he ascribed his ruin, in the manufkcture of
pianofortes on a new principle, and had beep flattered with the hope
that, in case of his success, he should be admitted as partner in a
concern to which Mr. Lewis was to bring the capital—he the re-
quisite industry and skill; but when, after much labour and ex-
pense, he had rerdered the instruments as perfect as possible, Mr.
Lewis, instead of adhering to his promise, contrived io ruin him,
in order that he might carry on the business with his (the insol-
vents) workmen, and engross all the advantages of his Ingenuity.
Nine or eleven of these Instrument., rendered so perfect by his
labour, were now in the possession of Mr. Lewis, and were worth,
at the retail prices, upwards of 1,0001. ; yet when, previous to his
arrest, 'he proposed a settlement with Mr. Lewis, the latter only
shrugged up his shoulders, likes Frenchman. Iu fine, he observed,
that Mr. Lewis was II chess-player, and was able to best him,
tbongh, perhaps. he could not !seat the Scotchmen.
The COURT were again obliged to reprimand the insolvent, and
o remind him that little respect could be attached to the oath of
one who Indulged so freely in flippancy and impertinence.
Examination resumed—The insolvent had forgotten a debt due
by him to Mundyford ; thought It needless to make any mention of
fixtures in his schedule; did not file a book containing • list of
debts due to him and workmen's accounts, and had purposely
omitted the rent accruing from hid lodger, in consequence of so
ar:angement he bad made with his landland, Mr. Whitton.
which WIN that the lauer should receive this rent In the first
instance, and apply the surplus of it to the liquidation of arrears
nue.

Mr. Doherty, who occupied apartment. in the insolvent's house,
proved that he had paid one quintet's rent to Mr. Whitton, in con-
formity with the above arrangement, but he bad not paid the
last quarter's, having been told by the Insolrent's wife, that her
husband had retracted his engagement with Mr. Whitton. The
inwilvent, howevar, denied Ins having authorised any such de-
claret tou.

Hr. 114LITII WM satisfied the Court pmsld consider ie insol-
vent's schedule as debeient in every mobile quality ; all its omit.
sions were intentional. and nothing was inserted that could pos.
sib!), be concealed : four day's back, when the insolvent knew that
he was to he opposed. he obtained leave to amend ; it was evident
that he then amended ail that he intended to amend, and yet how
much did he omit he forgot the debts doe to him, hie fixtures,
and his stock; he forgot his creditors Parsons. Olundiford, and
iribum yet. was i: possible that when pledging Joie clothes,
he could forget that they were not paid for. The duplicates,
though inconiuderable additions to his effects, were ample Illustra-
tions of his system. Some example was necessary to deter insol-
vents from thus haurding dishonest accounts, agil the Court had
no option but to dismiss a schedule so evasively cars an up.
The insolvent. addressing the Court, declared that it had always
been his intention to pay, and could have done en if Mr. Lewis
had behaved towards lune with generosity. His feelings were much
erected by the situation in which he was placed, and be hoped the
Coin anittld take into consideration the embarrassment of his mind,
and View with lenity any impropriety that escaped him. Uc had
no property which was tot the fruit of his own industry, and all
bislosues were attributtible to his dealings with Alt. Lewis, who
iniquitously sought to mike his (the insolvent's) ruin accessary to
hie 0101.1aggrnndiremect.
The Court observed the dismission of the schedule was rot its.
thOriZed by the 17th section of the Act, but that they would re.
quireit to be generally amended, and all the dealings rah Ale.
Lewis tq he specially set forth.

_
IN BE W. DUNKTL/..
This case, which otherwise had no ihtereit, gave rise to some
discussion respecting the interpretation of die statute.
The insolvent was arrested at Wekeitield in June last, and was
taken thence to Halifax gaol: he dtd not Ale his petition while in
gaol, but gave bail, and wise to London in discharge of bail in
November.
Mr. Coots cornentled that the Insolvent was preelnded from the
benefit of the Aet by the wads of the I 2 ,h section. which provides
that those benefits shall not es, end to these " who are not within
the was of the pti4rnt at the time of tiling their petitlinit or who
hare caused the:niches to be tenoved by can. of habeas corpus
or otherwise." The iesolbent in this rase h:..; been in pqaon, and
had posed Idmieg to he removed. and it' the section et the Act
in questi.m did not apply to him it was a mere rul:ity.
Mr. PEAT'', on the ether side. argued that such an interpre-
, titian of the'l2tb settles would virtually repeal the section which

.
follsiu.l, and which provides for the hearing of persons who had
ism rendered iti discharge of bail.
Mr. Commissioner thaws thoutlit that the nperaeive clause
Wbq 12er saokitto aaajetttaitted toad modified by tba 11.11, and
the did not think it could have toe rigotous application as-
signed in It by Mr. Coolie.
• 111 r. Commisidoner Boivrw inclined to the strict interpretation,
aad-was of opinion that it involved no hiconsiateney between the
tivo,itecipne t at the some he intimated that he should not be sorry
it his opinion proved the water.
comtnewioaes L & Raid- he 1.41, no face here to vitt... the
question, w it dkl oat appear how the insolvent had caused himself
lobe removed.

The ineovent vu diuharged.
IX RE JAIIIIS TACO.
•
Mr. etIMITINIODer llAelll3 observed, when the cue was called,
that the Court hau reeels ed-a letter from s :%1 T. Obart, who bring
unable, through indisposition, to oppose,in person, had requested
the Court to do his business. The Court, therefore, took this op-
portunity to declare attic this was a MOM improper application.

vratfrawwwwwww.w.
-rOLiCE.
lIA
BoBDIIIIT or Cuts:teeny PAPl:llB.—Vaiteftuy jays Pea.
way, a rattier genteel-looking man' was brought up in the custody
of Edwards and Lee. officers of this establi-liment„ charged a ith
stealing c quantity of law papers, the property M his late ehiployers,
Messrs. Stevenson and Bateman, solicitors, of Southampton-build-
Eateman.stated that the prisoner had been about tire weeks
in their service, anti was discharged on the 10th of January, for in-
attention to boldness- boring the time he was so employed seve-
ral copies of bills in Chancery, and other parcels of valuable papers,
were mimed from the office, and suspicion attaching to the prisoner,
inquiry. wasn't on foot, and it was discovered that he hail sold
them as waste paper to a man who kept a ham and beef shop in
Urny'sj on-lane, in whose possession they had been since found.
Two very large parcels were then produced, which Mr. Bateman
identified as the pmaerty of himself and partner.
Mr. Bullock, of 113, Bray's Inn-lane, had frequently purchased
paper of this description trom the prisoners, who told him it was
waste. In a day or two after he hail bought the last parcel, a
young than belonging to thettia Clerks' Office, observing a sheet of
theiraper.lging on the counter. said to witness, " This paper is
very value le, and should not be destroyed ; the wilting is my
own, and I know the gentlemen to whom it belongs—how came it'
in your possession ?" Witness replied, that he bought it as waste
papersfoi the use of the shop, and described the person who had
sold it. The young man then said, " I know him very well, he
is a clerk in the office from whence it was taken." Witness then
determined it should tot be destroyed. On the Monday following
Mr. Bateman called and identified two parcels out of several others
as his property, v. Mch wan delivered up at his request.
Mr. 1.A1);G said that it 'betrayed a very culpable negligence on
his part (Bullock's) to buy papers, the greater part of which were
stomped, from a person who was a total stranger to him.
Bullock said he took it for granted that it was of no other use
than merely waste paper, which he was conatantly in the habit of
buying, or be should not have done so.
Mr. LAt NO—I trust you will discontinue the practice, or you
will get yourself into trouble.
Bullock—Most certainly, Sir, I shall abstain from buying any
thing of the sort in ftiture.

The prisoner wade no defence, but begged the Magistrate would
allow him to remain In the New Prison until the Sessions, in place
of sending him to Newgate.
Mr. Lanro—What is tour object in making the request?
Prisoner—Merely because the Governor has been kind enough to
allow me to be apart from the common herd of fefons, and I shall
be better able to prepare my defence.
Al:. I xx&—.Vou will be allowed the same facilities where you
are going, and there is no aufßcitrit reason for deviating front the
ordinary course.
The parties were then bound over, and the prisoner was fully
committed.

Edwards asked the Magistrate what was to be done with the
otberlaw papers not claimed by. Mr. Bateman
141 r. LAIVG—Let them remain in yout custody for a few days;
perhaps other persons may come forward.

lIIARYLEBONE.
Yesterday JoJai Ashmore, a private or the Cth Dragoons, was
brought from the watchhowe by Edward Itlitchel, a watchman,
charged with having assaulted him under the most outrageous cir.
cumstances.

Mitchell stated that, on Sunday evening, about seven o'clock,
he was on his beat in York street, Manchester-square, when his
attention was attracted by the prisoner (who was standing opposite
the door of Mr. Morris, the East India Director) ringing the bell,
and making the greatest disturbance While in a state of intoxica-
tion. Witness proceeded to the spot and requested the prisoner to
desist, but he would not do so. ife was then given into his cus-
tody, and when taking him to the watchhouse, on his arrival oppo-
site York court, which is inhabited by the lower order of Irish the
prisoner called out, " Irish, turn out; are you asleep ?" which
seemed to be a signal for a rescue; and in a short time witness and
the prisoner were surrounded by a strong body of Irishmen, who
rescued the prisoner from his custody. Witness was severely beat
by the prisoner and others in the mob; and one individual who
assisted in the rescue nearly bit off one of his fingers.
John Robinson, butler to Mr. Morris, stated that on Sunday
night the family were considerably alarmed, in consequence of
some one ringing the bell in a most violent manner, and making •
noise opposite the house. Mrs. Morris was exceedingly ill at the
time, and on the door being opened the conduct of the prisoner was
rude in the extreme, and would not leave the place. He was
given in custody to the watchman.
John Knight, a watchman, was alarmed by the springing of a
rattle, and he proceeded to the spot to render assistance. On his
arrival he found a mob of two or three hundred people assembled
round Mitchell and the prisoner, whom they were trying to rescue,
and using the most violent language and conduct. The moment
witness made his appearance he was knocked down, and on getting
upon his legs he received another violent blow, which felled him to
the ground a second time, and while lying there unable to move,
he was beaten and kicked in an unmerciful manner by the mob.
The head of the witness was bound up, and appeared to be dread-
fully injured.

.oindre-ws, a watchman. was also very much beaten by the mob.
He apprehended the prisoner concealed in a stable in York-mews,
after he had been rescued.

The prisoner, in his defence, said he was intoxicated at the time,
and he could give no reason for having rung at Mr. 51orria's bell.
He said he belonged to the riding establishment in St. John's
Wood, and that he had two witnesses present to prove that the
watchmen had treated him in the most cruel manner while they
were taking him to the watchhouse.
A young woman here stated that the watchmen beat the prisoner
in the most cruel manner with their sticks, and the crowd felt suite
Indignant at their conduct. One of the watchmen, who had isso. 5
marked on his coat, came up, and gave witness a dreadful blow with
his stkk, without any cause whatever.
Mr. RAW LI ?MN said, if what ahe had stated was true:the con.
dart of the watchman was highly improper, as violence was not part
of their duty, and if he could be brought forward he should be
punished. Ile it.quircd of the watchmen who wore the coat marked
No. 5.
The watchmen replied that it was impossible to say, as there
wave 17 divisions, and each had a watchman with No. a.

Mr. Itavi.lNsoN tient to the Court-house to make inquiry, but
the watchman could not be traced. He observed that it was amost
infamous outrage on the part of the prisoner, and it what lie heard
about the watchmen was true, their conduct was disgraceful and
improper. He hid no doubt but the Vestry would follow the case
up, and render Mr. Morris, &c. every assistance in the prosecution.
He cornered the prisoner to find good bail.