The National Register.
London, England, 1819-07-26 00:00:00

IfINCIALS7'EII aSSIZES.

THURSDAY. JULY. es.
CARTEWAND OTHERS V. EDWARD TOLLENVEV.
Mr. Sergeant Pell stated, that this aas tau netioa brought by
the plaint us Nsimiees of Thonme Andrews NI melon Wit.
Grover Carta. and 'Arthur Kelly. bankrupts, Ltely trusting as
bankers ut rot 61110Ual, Wilier the lints of Godwin and Co..egainst
the defendant, to recover die sous Of 54n11. ss. 9d. due oa balance
to the bankrupts from the dependant, who is a respectable miller,
'it'll); at Etn*eurth, near Peiruniouth,and to whom they were thus
rnnst.l,,r.drir in advance at the time of the issuing of their commis-
sion of bankrupt. The Learned Counsel stated, that the only (pies,
non which he imagined the jury would have to try would be whe-
ther the plaintiffs wets the legal representatives of the bankrupt,
since the debt itself the sultisict of the present action, lie beiieved,
would nut be submitted to their inquiry. The trading, he un-
derstood, was admitted ; it remained for hint to prose the peti-
tioning creditor's debt and the act of bankruptcy.
The peititioning creditor was the house of 3lasterroan, Miklretu,
and Co. in London, the house miming:li that et Godwin and Co.
drew to answer their cash ameems in town. . Tee • &limit ut
Messrs. Godwin and Co. took plaza in November. lrevinusly
to its deetif the house of Ma..tenelau said Co. were very consider-
ably in advance to it, being creditotsvot only few bills to a large
amount, but glibt) upon 11 mortgage for 115,00.4. Let my learned
friend reduce this to Inul. if he can, 'hat will still suffice to cup-
port the commission. The acts of bankruptcy 1 stall prove con-
sist, with respect to Carter and Kelly, in -abeconding from their
home,; with respect to Nlitiehin, in secreting liitikelf to avoid
the creditors. A, e... 00 persons have already proved undo this
commission, the immense importance of the que.tion about to be
submitted to the Jury was.meut obvious.
The Learned Counsel then called evidence to establish the
commission, and Mr. Casberd, for the defendant, called witnessed
to invalidate it, in which he unlimited, for after Mr. Baran
Graham had mimed up at great length, the .fury retired, an.:
after mine little time. returnee' specially as their verdict, that
Alinchin had committed an act of bankruptcy. but that the other
partners, Carter.and Kelly, were not bankrupts---a verdict, a Bich,
of course, destroys the joint commission wf.ich has Lame against
this house.. The trial took up the time of the Court *row .1”
o'clock a six.

CROWN SIDE, before Mr. Justice Bzir.
HIGHWAY ROBBERY.

Wm. Bateman ;miPtit.to ihtiiT,cl:isrged with having, on
the 13th day of 111ny last, at the parish of Ilunsborn Tarrant.
assaulted William Wallis. and ti:lumously taken frum his persoa.
against his will. notes of the Bank of Englund and emunry
notes to the amount of 991. _

Mr. Pollen, on the part of the prosecution, stated it to be one
of the most :•etious and anxious duties that had aver devolved on
him. to lay tae particulars of this case before the Jury in such a
manner, as should at the Sallie time answer the ends of justice,
and communicate to them and the Court those feelings of rum-
passion and pity which not ca.ly the.per atlisr circumstances oldie
CAW called for, but whichthe hunkutity art the prosecutor bade him
MOIL earr.estly invoke at their hands. The prisoner was an
officer in the navy : he is yet very yourw,lxtrely 11, of repeetable
connexion& Although armed with a pistol, a threat appe?rud to
be the only weapon he hail Lid any recourse to; nor hal- any
violence marked hi- conduct throughout the unfortinusse circum-
stantial; lie was about to detail, except the first sad act, which, in
its consequences, had been the means of placing him at the bar
to-day. On the 15th of May last the prosecutor, Mr. Wallis.
alto lives at Forman, near Andover, in returning front Newbury
homewards, had occasion to pass through Hartley Wood, where
he met the prisoner as he was walking by the side of his gig tip a
bill, close by, Hurtsborn Tarrant. 'l'he prisoner, who Was corumg
down the hill, on nieeting Mr. IVallis, presented a pistol at his
breast, and said he must have his money or his life. The prose-
cutor made some resistance, but finding him so earnest, he gave
him a part of the notes which he had ahout I iai. 'l'ke psi so eq
however. seeing that he had more with hirminsieted on his giving
up the whole, e.xelaineing, that he was a distressed man. He then
told the prosecutor, who had delivered to him, on his vehement
entreaty. all the money about lint. amounting to fro!. in bank
notes of different kinds, that lie should go on, and that lie would
find his hotse and gig at the bottom. At the desire of the prose •
tutor, however, lie consented that lie should proceed in the gig
himself, and upon his arrival at home the prosecutor gave the
alar.o to Henry Licktnan, a se.rvient of Lis, who soon arterwanls
went in pursuit of the robber, whom lie was enabled to trace to
Basingstoke the same evening. On his arrival at the Crown inn
there, he found that a person answering the description his mat-
ter hail given hail arrived there, and was retired to rest. Lickman
immediately went to the door of the bed room, and knocked at it.
The prisoner asked, who was there? Licknoin said, I want
something in your moult" the prisoner pretended he could nut
unlock it : Licknitut in-tautly broke it open. -The prisoner was
standing by the bed. with his hands behind him. Liekinan saw
a pistol in one of them, and seized it ; the prisoner immediately
gave it up to him. 'to the question, it he was the person who
had robbed Mr. Wallis, the prisoner replied, •• I am the man,
there is the property ;" at the same ti. lie pointing to the
pillow of the bed, under which, and in his pocket, were found all
the notes missing. except a fractien of the change of a 11. note.
which he had laid out in tome tiifitng purchase.
These facts were most satisfaetority proved by Mr. Wallis and
his servant.

frot the paean., sevezul very reercvtable vimaees cloro3e.l to

239

the honesty of his general ,J meter, which indeed seemed never
to have been impeached before this unhappy transaction ; to his
great professional merit, which, unassisill by any extriithe
support, had onset' him to the situation of master's mate; to
some late dreadful visitation of distress ; to his sobriety. rnii.:rie s,
and civility. t.yen his prnecutor most ho nancly addressed Jinm.
tell to the mercy ef the ilout t in his favour.
The learned Judge s'iortly addressed the Jury, who iinnictli-
istely found the pzisoner IZIOO, but strongly recommended hint
to mercy—a pa,yer, which they wsr assured by the Innen
should not be ultuttentlua to.