The National Register.
London, England, 1819-07-25 00:00:00

117 A cIII.SI Eli .I.sNIZES.

TIWRSDAY, JULY in.
anTtn a?,17 °tit rits V. EDWARD TOLLERVE).•
Mr. Serge-and Pell suited. that this was au action brought by
the plaintiff, as assignees of Thomas Andrews Minchin, Will.
4 .r.wer Carter, and Arthur Kelly. banketipts, Lately trailing as
bank'', at Portsmouth. under the tiro of Godwin and •Co. against
t.:ie def. talants, to recto er the stun 01.7.t511. 3s. 9tl. due on balance
to the bankrupts front the deletalint, who is a respectable miller.
/it in.; at Cinsworth, near Portsmouth.and to whom they were tb us
etinsideribly in 101111 C, at die time of the issuing of their commis-
iiou of bankrupt. The Learned Counsel stated, that the only qites-
tam which he imagined the jury would have to try %valid be whe-
tter the plaintiffs were the legal representatives of bankrupt,
since the debt itself the subject of the present action. lw believed,
mad not be submitted to their inquiry. The trailing, he un-
d.astood, was admitted; it remained ter him to pone the peti-
tioning creditor's debt and the act of bankruptcy.
The psaitioning creditor was the house of Mvsterman, Mildred.
wad Co. in London, the house on which that of Godwin and Co.
drew to answer their wish concerns in town. The failure of
;aliases. Goiwin and Co. took place in November. Previcusly
to its dire/ the hump of Master tnaii and Co. were very cons:der-
ah:y in advance to it, being creelitina not only fur bills to a large
amount. but also upon a mortgage for 35,t0511. I,et my learned
friend reduce this to. teal. if he can, that will still suffice to sup
p?rt the essithnission. - Thy ac* of bankruptcy I shall prove con-
sist, with respect to Carter and Kelly. in abssainding from their
house,; with respect to itlinehth. its secreting Itimself to avoid
cla.. creditors.. As Vnist persons have already proved uncler this
commission, the immense imyortance of the question about to be
submitted to the Jury was most obvious.
The Learned Lounsel then willed evidence to establish the
solllllllb4l/11, awl Mr. l'asberd, for the defendant, tallest witnesses
to invididatg it, in which he succeeded, for after Mr. Baron
G....111'111,44d spmntal up at great length, the Jury retired, and
after some little time, returned specially as their verdict, that
Minchin had coruntiwed aft pct of bankruptcy, but that the other
partners, Carter and Kelly. were nut bankrupts—a verdict. w Inch,
tit course, destroys the joint commission which has issued against
Pais 1! trial took up the time of the Court front to
o'clock till sit.

CROWN SIDE, before Mr. Justice
WAY ItOBBLItY.
Wm. Bateman was put to die bar, charged with having. on
the 13th day of May last, at the lowish of Hurt-born Tarrant,
assaulted Wil!Lon Wallis, and feloniou•ly talien from his person,
a4Linst his will, notes of the Bank of England and country bank
notes to the angoint of 99L
Mr. Pollen, on the part of the prosecution, stated it to be one
of the most ,erious and anxious ditties that had ever devolved
on
him, to lay the particulars of this case betore the Jury in such a
manner, as should at the same time answer the cods of justice,
and cotninunicatc to them and the Court those feelings of corn-
'tutu() and pity which not only the peculiar circumstances of the
case called tor, but which the humanity of the prosecutor bade him
nioc e imintly invoke at their hands. The prisoner was an
°sheer in the navy : he is yet very young, barely 24. of respectable
coanexions. Although armed with a pistol, a threat appeared to
b • the only weapon he had had any recourse to; nor had any
violence marked hi, conduct throughout the unfortunate circum-
stance+ lie was about to de: ail, exceiu the first sad act, which, in
it, cense:inn/Ices, had been the nieana of placing him at the bar
to,-day. On the 13th of May last the prosecutor. Mr. Wallis,
who livel at Foscat, near An,:over, in returning from Newbury
lu,anewards, had occasion to pa., ttimugh llogley Wood, w acre
lie met the prisoner as lie was walking by the yule of his gig tap a
hill, close by Hurtaborn Tarring. prisoner, who was cog
down the Inn, on meeting Mr. %YAW:. presenred a pistol at oil'
Urea it, and said he must have his mosey' or his life. The mos.:-
rotor made some tesistanee, but tindirg him an earnest, he gave
him a part of the notes which he hail shout him. The prisoner.
however, seeing that he had more unit hitn,inst,tod on his giving
up the whole, exclaiming, that he was a distressed man. lie then
,tiac, tilt prosecutor. who had delivered to him, on his vehement
entreaty, n:oney about him, amounting to 991. in bank
31(rteN of ilantent kinds, that he should go on, and that he would
find his horse and gig at the bottom. At the desire of the prose
cuor, however, he consented that he should proceed in the gig
• hig•glf, and upon ha arrival at home the piosocutor rave the
alarm to Henry Lickinan, a servant of hes, who soon afterwards
slog in pursuit of the robber, witoxi he was enable:l to trace to
theatigstuke the same evening. ()obi, arrival at the Crown inn
there, he found that a p:rson 4rlSlVerillii, the description his mw:-
ter had given haul arrival thcrt, and was retired to rest. lickm...l
immesh:Ally went to the door of the bed room, and knock...dm it.
• Tfie prisoner asked, who was there% Licknum said. '• I watt
something inyour room;" the prisoner pretend ,41 he coil) nut
unlock it: I ackmati in. tantly broke it open' The prisoner was
standing by die bad, his hands behi art him. Licliman saw'
Ai:del in one of thew. and seised it ; the prisoner immesnately
gave it up to him. o the nua non, if he was. the person who
had rubbed Mr. Wahis, the prisoner replica. •• I aft the man,
there is the .property ;" at the same tinie ,pointing to the
pilip sr of rite bed, tril4er which, and to his packet, were mound all
the notes nassing, exteet a fraction of the change of a ti. bore,
which he had laid out in some trittmg purchase.
These facts were most salisfactonly [roved by Mr. Wallis and
his servant.
Nor the prisoner, several my respectable witnesses deposed to
the honesty of lib. Kelleritt i•hatitiler, which indeed teemed never
to base been b. ore this unhappy tram.action ; to his
great professional merit, which, unarstued by an, extrinsic
support, had taisod hint to the situation of master • mate; to
mum:late dreadful visiudion of ,listrets ; to his sobrioy, mildness,
• mud civiiity, Even his precentor nwtst humanely audressto hint
self to the mercy of the Court in los favour.
The leaned Judge shortly addressed the June, who immedi-
ately found the prisoner gaoa, but strongly recuanneaded butt
to mercy—a prayer, winch they were assured by tie Bench
Os aid nut be umittended ti