The Sun.
London, England, 1830-01-20 00:00:00

been shackled, if not governed. his Grace's
military career, like that of his great rival Na-
Nikon, was founded upon soundness and accu-
racy of judgment, followed up by prompt and
decisive action. Though civil affairs will not
assimilate entirely with those of the field, they
are susceptible of no small degree of analogy ;
and we would ask his Grace's most ardent ad-
mirers whether they think that one atom of his
military glory would ever have been acquired if,
as General Wellesley, he had been surrounded
by such a Staff as now appear to influence, or
rather hinder, his movements; or if he had
delayed coming into action with the same supine-
ness with which he appears to shrink from his
Parliamentary campaign ? That the Duke may
have difficulties and obstructions to contend
with in his political capacity which were un-
known to him as a military commander, we can
readily imagine ; hut it is one proof of a great
mind to break through obstacles, and not to
yield to them. If, then, the Duke of Welling-
ton hopes to stem the difficulties of the present
crisis, he must do so promptly and from the in-
nate energies of his own mind. It is in vain
that he should any longer wait to see how this
or that measure can be made to dovetail or agree
with this or that opinion of any of those with
whom he may be associated. When the house
is on fire we do not stay to ask whether the
water from the engines may soil the draperies,
or disfigure the drawing-room paper ; the one
object is to put out the fire. The duty of
a British Minister at the present moment is
much the same.—Morning Herald.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, JAW. 19.

1 PALMER AND OTHERS, ASSIGNEES OF WHITE AND
METCALF, BANKRUPTS, V. BEESTGN AND OTHERS.
The evidence for the plaintiffs in this case was
resumed this morning.
Mr. Farringdon, an accountant, stated, that he
had examined the bankrupts' books, and found that
the cash balance in favour of the defendants was, on
the oth of May, 1829, 13,1301., and that on the
29th June following (the day of the failure), there
was a cash balance of .541. in the bankrupts' favour.
He observed various alterations, erasures, interlinea-
lions, and irregularities in the books of the bank-
rupt): they related to the defendants' account.
Applied to the defendants to see their books, and
found alterations and erasures in them which cor-
retponded with those in the bankrupts' books.—
[The various items, with respect to which altera-
tions had been made, were here gone into at great
length, and it appeared that some of them, although
not warranted by the books kept at the defendants'
warehouse, were borne out by the accounts of some
of their travellers ; and generally that the altera-
tions had reference to other books.] Witness said
that the defendants were secured by mortgage to
the amount of their demands on the bankrupts.
Henry Pickensale, a person who had been in
the employment of the bankrupts, confirmed the
statement made yesterday by other witnesses as
to the fact of Smith (defendants' clerk) having
interfered in drawing bills on persons indebted to
White and Metcalf, which hills were taken to
Beeston. This was done within a few days of the
failure.
Cross-examined—Business was conducted in the
same manner after as previously to the partner-
ship. The bills drawn by Smith's direction were
drawn at the proper time, and were in all respects,
except as regarded his interference, regular.
John Riddell, a shopman in the service of the
bankrupts, proved that the majority of White and
Metcalf's wholesale customers were introduced by
Beeston or his clerk Smith.

Joseph Marsh, a clerk in the house of Cash and
Co., applied to Bridges and Benton, on behalf of
his employers, for information respecting the cir-
cumstances of White and Metcalf. This was in
the beginning of June, 1829. Saw Smith, who
said, " You can't do too much business with them,
they are as safe as any house in London. I recom-
mend you not only as a tradesman, but as a gentle-
man and a friend, to do all the business you can
with them," He added, " I have continual access
to their books, and I know the concern as well as I
do our own." Cash and Co.'s account with White
and Metcalf was very materially enlarged shortly
afterwards, in consequence of these representations.

Several letters from Smith to White and Metcalf,
recommending customers to them, were put in ; in
one of these a wholesale customer was spoken of as
"a prime man," and the bankrupts were directed " to
cut fine," terms which will probably be intelligible
to the trade. Another letter, enclosing a bill for ac-
ceptance (on the part of Beeston and Co.), and di-
rected to one of White and Co.'s customers, was
read: it was also in the handwriting of Smith.
Henry Metcalf, brother of one of the bankrupts,
stated that his brother had about 5001. when he
went into partnership with White. He had besides
some bills, some of which are still unpaid.
Cross-examined--Witness's brother was brought
up as a linen-draper, in the employment of Graham,
of Holborn, and Caldecott. Believed he parted
from Caldecott on good terms. I- e went from him
directly to White.
Mr. Fox, an attorney, proved that White, the
other bankrupt, had been in the employment of
Graham, of Holborn, before setting up in business
for himself. He was in insolvent circumstances, and
could not pay a debt of 60/., for which he was con-
fined in Whitecross.street in March, 1827. Witness
sued him for that debt on the part of a person named
M'Cloud, and offered to take 15/. in satisfaction of
debt and costs. White wrote to witness offering
10/. as all he could raise, and stating that if that
sum were not accepted, he must take the benefit of
the Insolvent Act. Witness agreed to accept the
offer, but never got the 10/.
It was proved that White was discharged on pe-
tition under the Insolvent Act. His schedule was
dated 27th March, 1827; and the value of the ex-
cepted articles (clothing) was stated at Si. ss. Gd.
The only property of the insolvent consisted of two
volumes of Elegant Extracts, in poetry. (Laughter.)
Mr, Anderson, assistant-clerk to the Magistrates
of Ediribtegli.-,-1 knem Andrew White, in 1822,
in that place. He opened shop as a linen-draper,
and carried on business for about five weeks, when
he fled. I was appointed one of his trustees, and
entered the house. His books were mutilated.—
There was about 400/. worth of stock on the pre-
mises, and a dividend of 4s. Dd. in the pound was
paid to his creditors.
A mortgage of the premises in Lamb's Conduit-
stre.it, granted by White to Beeston as a security
for a sum, amount not stated, due on the 13th of
November, 1828, and also for 'further sums to be
afterwards advanced, to the extent of 4.,p001. was
put in and read. The instrument was dated the
13th of November, 1828.
A warrant of attorney for ,500/., dated the 11th
of June, 1828, and granted by White to Beeston,
as a security for money then due, or to become due,
in respect of goods or bills, was also proved.
Other evidence was adduced, after which,

Mr. etoriEPuri for the defendants, characterized
the present as a most I;arsh and groundless action.
There could be no doubt that the pk;intiffs had been
deceived by White; they were his principal credi-
tors • • but it was too much that they should turn
round upon he defendants (who were sufferers as
well as themselves, kind 100 had also been de-
ceived), and charge them, as was now done, with
conspiracy and fraud in their dealings with the bank 7
ropts. He maintained that no act•of bankrnptcy
had been committed by White and Metcalf previous
to the issuing of the commission, which was sued
out with breathless haste by the plaintiffs on the 2d
of July; and such being the case, these parties could
not maintain thy; present action as assignees. One of
the acts of bankruptcy relied on consisted in the re-