The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-14 00:00:00

SIR WATKIN LIWES V. MORGAN.

Mr. D•uricEY moved for a rule to empower
the li,lenclaiit to take pro confess°. against the
Plaintiff the facts to which the interrogatories of
the former applied, and to send an affidavit of these
facts to the Deputy Rementbrancer, in order that
he might proceed to settle the accounts. grounded
on the contempt of Court ahewn by the Plaintiff
in delaying to answer to these interrogatories,
though submitted to the Court so far back as Fe-
bruary, 1816.
Mr. Jute's, on the other side, *hewed cause
against the rule—he stated that the interrogatories
applied to the whole facts of the case, relating back
to the year 1796, when the action co►nmenced, aid•
including the ►nterval from that to 18111, a period of
Eld years; that the delay was no ind►cation of a con-
tenipt of the Court on the part of Bir W. Leon, but
that. on the contrary, he had been most anxious to
►duke a reply, but had been unable to procure tl►e
attendance of his own solicitors, or the assistance of
others for the purpoie; and that he had an iArla-
vit made by a Deptlemon (we understood Sir John
Pritchard), declining that he had repeatedly called
on different Solicitors to
,request they would attend
on Sir Watkin Lewes in the Fleet Prison, but with-
out ally effect ; Mr. Jervis therefore argued, that
the contempt, if any appeared, was not his client's,
but that of the Solicitoii, and especially his own in
the suit, and moved, that S►r %Vat km Lewes should
be allowed t►me to coasider of, and reply to, the in-
te►rogatortes.
Mr. liaurrcre obierved, that all the facts were
perfectly well known and !imbiber to the Plaintiff;
they having been repeatedly brought before the
Court in the prosecution of the suit.

Mr. Baron GRAMANI said, that the motion was
contrary to all his ideas of the practice of the Court,
namely, that the Cuurt should take a statement of
all the facts of the case from the Defemlant him-
self.; but he had a course to suggest which would
avoid this inconvenience perhaps, and ■t the bsine

. . -
time shew Sir W. Lewes, that no individual, what.
ever his situation might be, could defeat the orders
of the Court, and resist or chide the strong arm of
of the law—namely, that the Court should issue an
order that the Plaintiff should put in an answer to
the interrogatories by the first day of next Term—
in default of which, the Defendant should forth-
with make an affidavit on the facts to which the in-
terrogatories applied, and be empowered to send
it to the Deputy Rememhrancer, in order that the
latter might proceed to an account.

Mr. JER •111 I ieiired that the order might he made
fur the last day of the inttungs after next Term.

Mr: Baron GRAIIAN amid. that there was con.
sitlerable prolixity in the interrogatories by 1I r.
51oi gall, and that it was not easy to examine and
conwirr such a volume of matter hi a short apace
or time.

r. 13s►on GARRow paid, that the Sittings would
he vrry We; snd, besolet., the looger time the
Pl.tialtd was allowed to prepare his answer, the

stronger would 1)0 the cm, of the Defendant, in
csse the Plaintiff still neglected to do an.
Thy order sutttre•ted by Mr. Baron Graham
was accordingly made.
Mr. JERVIS inquired, whether the attachment
against the Plaitirdf was to continue in force ?
The Court replied in the attrmative.
Sir W. bevies then nditressint the Court. stating,
be wished 10 say a few words in his own justification,
and in cxploontion or Ins rowioct. It was the
furthest from his intention to chew any disrespect to
the Court. Fie had strong reason to complain of
his golicitors, whose misconduct alone had laid a
fountbd. hir the enrichment. to issue against him.
It was his interest that the interrogatories should 1w
OtisWeSPAI with till expedition, HS there wasp large
sum of money due In him. on th► settlement of the
accounts; Dud ,he could assure the Court, that a
drintralati had gone. repeatedly from him to his
11%,11, and afteiwords to other Solicitors, without
being able to intlnce them to give their attendance
and adviCe in framing the answers.
Mr. Baron GRAHAM said Its was extremely glad
to hear something from Sir Malkin Lewes in the
shape of an apology to the Coors—at the same time
the matter stated did not altogether seem to be
Stitillietory one. The interrogatoritat were addressed
to facts within hiS own knowledge ; and it might be
thought that a. gentleman of his education and ex-
Oftener would have had it in his power to answer
thefts in such a long interval, of himself, or at least
with the assistance of it confidential friend. Now,
however, it behoved him to give an answer to these
iitterrogatories. other Wise the Court would substi-
tute anti.idiary evidence in lieu of it,
Sir V. LEWES repeated, that he was most maxi-
OUS, awl it was for his owu Interest to do so soon
as passible. .

• -
IN.SOLVENT DEBTORS COURT,
tittium, NoyeassEß 13.

The Coi'lit was occupied nearly the entire of, this
day iii hearing the case of William Twysilen. Esq.
who applied for his discharge. This young Gentle-
-111411 is the eldest sou of Sir %Valiant Twyaden,
Baronet, of Itoydon Hall, Kent.
Mr. AN BREWS appeared in Court to oppose. Mr.
Twystlen. in behalf or Messrs. Ments and others.
Mr. ADOLPHUS appeared to oppose for Mr..'
51.cregor, land Mr. BASSETT for Mr. Kettle.
Mr. ANDKEWs stated, he opposed on a variety of
grounds, the principal of which were, for acting
with gross fraud, for giVing undue preferences, fur
concealment of property, for a collosiVe arrest, fur
gambling, for profuse extravagance of the property
of his creditors, and for obtainisig credit, without
any visible means of
,paying his debts.
The Leatsied Counsel said, that seeing Mr.
Thomas Ambrose jut Court. he would cull him as
a "vivito,. to prove the collusive arrest.
Mr. Thomas Ambrose came to the box, and was
sworn, but took Rn opportunity at the instant of
withdrawibg from Court. As soon as this was dim.
covered,
Mr. ANDRE*/ moved that the case Should be
postponed, in consequence of the absence of a
material witness. He said it was only this morning
lie had discovered that Mr. Ambrose wits a Material
witness in the cause. Having ascertained that lie
was in Court a few minutes ago, he had him called,
but the initant that this perion found he was called
for a particular purpose, he quitted Court.
Mr. POLLOCK and Mr. HEATH, who were Coun-
sel for Mr. Twysden, said that Mr. Andrews should'
have subprenaed Ambrose, if lie thought his evi-
dence material. There was no necessity for any
man's staying in Court, unless he was legally
brought into it.
Mr. Atinarws said that Mr. Ambrose took the
book, and was sworn. He was therefore in a con-
tempt for having withdrattn himself, after he had
taken the oath.
The Court' saw no reason to postrOne the cause,
on the ground of the absence of this witness, in the
['thinner that had occurred. .

Mr. AIDWEWS said, that he had then no other
way of getting at the frets he waisted, than by ex-
anisning Mr. Titysden
The COVlrk—le If this young Gentleman's fends
and expectancies are, in fact, as they are set forth
in his schedule, his Creditors must all have 200. in
the pound. Would it not be better for them,
therefore, to appoint an assignee, and make the
suet, available ? I perceive Mr. Twysden's debts
amount to 19,1841. and his credit* to upwards of
14.000/. besides which he repteamith himself as en-
titled in a reversionary interest On the death of
Ludy 'l'wysden, hi. mother, of his share of two
large sums iu the funds, one sum amounting to
8,0001. and the other to 13,6491."
Mr. ANDREVis—" The creditors set little value
oil this reversionary interest, and it will be seen by
the examination *hat sort of credits they hove to
rely upon." The Learned Counsel then pro-
ceeded to examine Mr. Twysilen at totisider.,ble
length, anti the later, in h a nosners, stated, that
he had been arrested for 8,100/. at the suit of Mr.
Menlo, but through some informality in the pro-
ceeding he had been discharged from this arrest.
He was subsequently detained in the Fleet Prison
by Mr. Thomas Ambrose, and also by other credi-
tor'. He believed that Mr. Ambrose had formerly
heel/ a wine merchant, and was now a bankrupt.
He had occasionally gone fot him with a view to
adjust the claims of some particular creditors. Mr.
Ambrose was his detaining creditor, but did not
certainly stand in that situation with his consent.
for he could not look upon that man us his friend
who would pot a detainer upon him when in CUP.
tody. !le owed Mr. Ambrose 60/. and 201.—[On a
reference to t be schedule it appeared, that Mr. Am-
brose was only inserted in the schedule as a creditor
for 60/. instead of 80/.]—A paper was produced to
the losolvent, which he said he believed was In Mr.
Ainhro•ess hand-writing. He admitted that he bill
brought Mr. Ambrose this day into Court as a
itsitti. and had arid for him to Streatham, Surrey;
he saw him yesterday at his own lodgings in the rules
of the Fleet Prison; he never knew that he (Mr. A.)
had been a clerk to Mr. Kett'. the hatter; and had
never said to Beaumont, the officer. that he had
arranged a collusive arrest with Ambrose, and was
wow a match for the rest of his creditors. He
owed Messrs. Charles Merin; and otl.ers 4.001. as
grantees of NC annuity in 1812, out of which lie had
oillY.rrFeired 1.4001. He could not tell why the
date of the annuity was MY in his schedule; it