The Sun.
London, England, 1837-01-24 00:00:00

EXCHEQUER COURT,--(THIS DAY.

IN R 5 ANDREWS V. RYLAND.
Mr POLDRN appeared on behalf of the Corporation of
London; to show cause against a rule obtained by Mr. Adol-
phus, for relieving the above defendant Ryland from his re-
coguisauces into which he had entered, to the amount of 2001.,
as bail for Andrews. He said the circumstances were these :
—ln December, 1833, a Mr. John Spencer, of Boston, bought
a small vessel called, the Hudson, which he wished to have
insured to the amount of 100/. He got a friend of his, named
Wetmore, to write to Mr. Andrews, who was a broker, upon
the matter, and on the 10th December Mr. Wetmore received
an answer to his application, in which Andrews said he had
insured the Hudson for 100/., and at the same time sent what
purported to be a policy, fairly underwritten, and be also
enclosed an account charging 9/. 9s. for the premium, and
ss. 3d. for, the policy, which amount was sent up to him.
In December, 1834, that policy was out, and, Mr. Spencer
being anxious to continue it, wrote to Andrews, enclosing
again the sum of 91. 14s. 3d., and desiring him to renew the
policy. In answer he received a letter, stating that he (An-
drews) bad done as well as possible, but that he had been
obliged to pay 101. 10s. as premium. He again enclosed what
purported to be a policy, apparently all regular. In October,
1834, the vessel was lost, and application was made to An-
drews by. Mr. Spencer, who for a loom time could obtain no-
thing but evasive answers. At last he Caine up to town, arid
made application to the party whose name was on the policy,
and found it to be a forgery ; that, in fact, the vessel was not
insured at all. Upon this he made application to tor. Lord
Mayor, who investigated the case, and held Andrewsto bail in two hundred- pounds, and one other in the like sum.
The defendant Ryland became such bail. AndreWs gave notice
to the City Solicitor, who had been ordered 'ro prosecute, that
he would appear at the Central Criminal Court, plead 'to the
indictment, arid traverse—the prosecutors were there, but An-
drews did not surrender. Application was made to the Court,
who ordered the reeognisances to be estreated, process to
issue, and if Andrews should be taken, the future bail was
fixed at himself in 5001., and two sureties in 2501. each.
Andrews was taken at his horse at Tulse-hill on the Tuesday
after the Session closed, an:: put in the requisite bail, and there
was no doubt immediately absconded.
The Court r called upon Mr. Adolphus to state the ground
upon %Illicit he intended to rely in support of the rule.
The Learned Gentleman said it was an application to'the
mercy of the Court.
Mr. Baron PARKE—We can have no mercy sitting here:
Mr. AnoLrous was aware of that, but when ho put
the facts before the Court, he trusted they would afford the
relief sought for. He contended that in this case the ends of
justice had not been defeated by his client, for the other and
subsequent lahil put, that entered into before the Lord Mayor
aside. The fact was that Ryland and Andrews in Court
provided with bail, but one of them over whom his wife had
considerable influence, took her advice and refused to meddle
with other people's affairs. The parties then left the Court to
try and procure other bail, but he did notsucceed until Andrews
was again taken into custody; being so, however; there was no
detriment to public justice, and as five hundred pounds had ac-
tually been paid by the other bail, he hoped the Court would
relieve the present applicant. The Court discharged the
Rule. The applicant had done nothing towards delivering up
Andrews. There was too much facility in obtaining bail, and
the Court would not. increase it.—Rule discharged.