The Sun.
London, England, 1822-01-12 00:00:00

LAW- INT ELLIG ENCE.

COURT OF CHANCERY, JAN. 11.
HOWARD AND GIBBS'S BANKRUPTCY.
This case again came before the Court this day, on an ap-
peal from the decision of his Honour the Vice-Chancellor. It
was a petition presented by Mr. Shaw and others, to remove
Mr. Carroll and other persons who had been chosen assignees,
notwithstanding the majority of the creditors in amount were
in favour of them. Our readers are already in possession of the
case as it occurred before the Vice-Chancellor, and it is there-
fore only necessary to state at present, that the Attorney-Ge-
neral this day appeared for Mr. Carroll and his co-assignees,
and argued that the decision of his Honour was wrong. It
would be remembered that his Honour would not allow the
gentlemen for whom he appeared their costs, though he had
ordered the costs of the others to be paid out of the estate,
but on what grounds he (the Attorney-General) was at a loss
to state. He then went over the petitlen of Mr. Shaw, which
stated that Messrs. Carroll, Duff and Wilkie had been im-
properly chosen, and that threats had been used to obtain
their appointment. That one creditor, Mr. Bridges, had
been induced to abstain from voting by Mr. Howard, who
threatened' to deprive him of one of his most valuable ens-
tomers. . It then went on to declare that Messrs. Carroll,
Duff and Wilkie ought not to, have been chosen, and prayed

that Shaw and his list of persons m'ght be declared assig-*
noes. The Learned Counsel the:: is sliced the ex-part [t petition
to stay the assignment to the new assie- ' ,neis and the order re-
fusing costs to m cssrs. Carroll and his friends on account of the
interference of the bankrupt's' in the choice, and took a similar
hue of argitment with respect to the power of the ( iiitimission-
ers under the Act of Parliament, to that taken in the hearings
before the Vice-Chancelltir, in the course of which he .called
his Lordship's attention to the respectiVe clause§ and sections
of the Act of Parliament, which bore more immedi',':ely on the
point of jurisdiction vested in the Lord Chancellor. He con:-
tended thatif the Lord Chancellor had the power to act after the
assignment, it would not be better than that he should act before
the assignment was made ; for if that was done there would not
be any person invested with power to act, pending the litiga-
tion, so as to administer the effects. The Act of 5 Geo. IL
gave the Court no power to act in the present stage of the case,
though he would not deny that it did invest a power in his
Lordship after the assignment was made. The Petitioners
ought to have been informed, that they were premature in their
application, as the Commissioners did not legally withhold the
assignment from the Assignees, whom the majority of the cre-
ditors in amount bad chosen. Ilis Honour had expressed an
opinion, that a suspension, of the advertisement would form a
precedent for suspending the assignment. If the dccession of
his Honour was sufFerel to,atand, tt Would give rise to endless
litigation, as in every case where a bankrupt should happen to
have spoken to a creditor, au application would be made to stop
the assignment. The Learned Gentleman having gone over a
line of argument to the same effect as on the former occasion,
nuoted the case of De Tastet, in the 2d vol: of Vesey and
fieams, where Mr. De. Tastet was suffered to be continued as
the Assignee, .and the present sir. Carroll merely appointed to
watch his conduct. Ile would even allow that the Court had
jurisdiction.
The LouD CHANCELLOR never could understand on what
ground his predecessors had acted in Bankruptcy, unless they
thought they had had sonic jurLdiction, which was not given
to them by the Act of Par:iament.
The ATTOINEY-GENERAL proceeded to contend at great
length in support of the appeal, in the course of which he con-
tended, that as his Honour had given the costs to Mr. Shaw and
his coadjutors, his clients ought also to have theirs, as there
was no complaint against their conduct, and as Mr. Shaw had
also endeavoured to obtain votes for himself and his friends.
If there was no delinquency on his part, ho* could it be said
that there was any on the part of Mr. Carroll ? He concluded
with submitting that his clients ought to have their costs allowed,
and that the decision of the Vice-Chancellor was altogether
wrong.
111 r. Haiti' followed on the same side, and contended to the
same effect as he did in his former argument before the Vice.
Chancellor, a correct report of which appeared in TILE Sus at
the time. _ _ .

.....
11Ir. MONTAGUE followed, and took a similar line of argu
meat.—The LORD CDANCELLOR rose atfour o'clock.

COURT OF KING'S BENCH, JAN. 11.
SAUL V. BATTEN.

This was a motion to enter a nonsuit in an action for a pri-
vate libel tried at the last Assizes for Salisbury before Mr. Jus-
tice Best, when a verdict was found for the plaintiff. There
was nothing of public interest in the case. The ground of the
motion was several substantial variances between the libel de-
clared upon and that given in evidence.
The COURT, in concurrence with Mr. Justice BEST, were
now of opinion that the verdict could not be sustained, and
thercthre made the rule absolute for entering a Nonsuit.

OLD BAILEY, JAN. 11.

FURIOUS DRIVING.

Thomas Stratford was indicted for the wilful -murder of
Abraham Slade, on the 29th of November.
William Jones was the first witness called. lie was the
watchman of Marylebone, and on the night in question was
coming, the Edgeware-road towards Tyburn turnpike,
about -halfapast nine in the evening. Ile saw a gig standing
close to the ,-curb-stone, on the left hand side of the road. A
gentleman was standing by the side of the horse, on the foot-
path. Witness had gone forwards about twenty yards, when
he heard the smacking of a whip, and immediately afterwards
a smash. On looking back be saw a coach lying on its side ;
he ran towards it, and saw a gentleman drawn from under the
coach. As he was going towards it, he saw the horse running
away with the 'gig at a furious rate, and shattering it to pieces.
The coachman called for help, and the coach was again put upon
its wheels. Ile did not know the prisoner.
Thomas Esto lived in Portland-place. On the evening of
the 29th of November he was in the Edgeware-road. There
were two women looking at some jewellery at a shop ; they ran
from the shop towards Paddington, and were hailed by a stage
coachman from his box in very coarse language. One woman
got on the box, and the other on the roof behind the box.. The
coachman drove off rather rapidly, and coming near the toll-bar
he went on still more rapidly. He immediately saw the woman
who had got on the box on the ground, covered with dirt and
blood, and fainting. Witness ran up and asked what was the
matter. A boy turned up the wing of a gig, and then he saw a
gentleman leaning against some railings. Ile seemed to be in
great agony, and he was taken in doors. He then saw the body
of the gig all shattered to pieces; the gig-horse was brought
back. Witness was about to look at the name on the coach,
and the coachman drove off at a full gallop. Ile saw on the
coach " Notting Hill," hut saw no name upon it. This took
place on the near side of the road, coming from Paddington to
London. It was neither a dark nor a light night. He could
see with great ease any carriage in the road.
Cross-examined.—He did not see the coach go faster when it
approached the toll-bar, but from the noise of the rattling of
the chains of the coach, he imagined it ; and also from the crash
which almost immediately followed.
William Gosling lived in the Edgeware-road, and was a
bookseller. On the evening of the 29th, about nine o'clock,
he heard a sudden crash: he went out, and saw a man standing
on the curb, apparently much hurt ; and then went to pick up
a female who was lying on the ground. The man was taken
into his (witness's) house. Ile saw a coach upset, and per-
ceived several persons lifting it up. He did not observe what
kind of coach it was.
Mr. David Griffin was a carpenter, and lived in the Edge.
ware-road. He remembered the accident. The first thing he
saw was the deceased sitting in a chair ; and he found it was a
Mr. Slade, of Tottenham-court-road. Two surgeons ware sent
for, • and came. He saw a coach in the road : it was.a /lays-
water-coach, and the word " Paddington" was written at full
length across it.
Richard Saunders, on thenight in question, saw the pri;inner
leading the horses of the coach. lie knew the prisoner before,
and had seen him driving the coach.
Cross-examined.—The horeea were attached to the coach
when he saw the prisoner leading them.
Caroline Johnson (who was yet so ill, as scarcely to be-able
to-give her evidence) said that she remembered the accident in
Taestion. She was an outside passenger, and was on the box.
The prisoner at the bar was driving. After he got through the
toll-bar, he gut off the coach and gave her the reins to hold.—
The horses moved, and she dropped the reins. The prisoner
get up, but he did not get the reins. Front that moment to the
time when the accident happened, she could not say that the
prisoner had the reins. The prisoner tried to reach them, but
did not succeed. She was then thrown off, and fainted away.
'She was going to Paddington, for nothing particular.
Mr. Griffith, a surgeon, proved that the deceased died from
the injuries he had received from the fall.
William Jones was recalled, and said, that the first thing he
heard was the smacking of a whip. There was no other car-
riage that he saw on the road.
The prisoner made no defence. A few witnesses gave him a
good character for humanity.
The Jury found ft'verdict—Guilty of Manslaughter.
CHARGE OF MURDER,
Daniel Maliony was indicted for the wilful murder of Richard
Needs, by hitting him on the head with a stone, on the 31st of
November last.
From the evidence of the different .witnesses, it appeared
that the prisoner and the deceased met on the night of the day
mentioned in the indictment. at a public-house in the neigh.
bourhood of Whitechapel. The prisoner observed to the de-
ceased, " Do you recollect giving me a slap on the face, when
I did not deserve it ?" This was in reference to a quarrel which
.had taken place between the parties about seventeen months
ago. Deceased replied, " Don't bear malice." The prisoner
and deceased then drank together, and prisoner again remark-.
ed, "Ifick, take care of me, for I'll take care of you." The
'prisoner and his party then left the house, and the deceased soon
after followed. The landlord of the public-house saw the de-
ceased about twenty-four yards front his door, when he was
joined by two men, and immediately fell. He called out mur.
net, and the two men ran away.
Another witness deposed to the throwing of a large stone by
Alahony, at the deceased. The deceased was removed to the
hospital, and died after lingering a few days; The Surgeon
who attended him stated that he died of inflammation of the
lungs, but had no doubt that the fracture of the skull by the
stone was sufficient to cause death.
Several witnesses gave the prisoner an excellent character.
Mr. Justice PARK left it to the Jury to decide whether the
deceased did in fact die in consequence of the fracture, or in
consequence of the pulmonary complaint with which he had
previously bean afflicted.
The Jury, after retiring for a few minutes, returned a verdict
of—Not Guilty.
The Grand Jury, at about three o'clock, returned true bills
against William Holmes, George Clark, otherwise John Jones,

Join Vam.plor:, Jalin Barclay, ands Arson I.:rlknown, (31,
sho:.men f.'arlil,leo for misdemeanor..
"The Foreman of the Grand Jury handed over the bill 9 to
the. Clerk of the Arraigns, and they were read in the customary

MIDDLESEX. SESSIONS.

FURIOUS DRIVING.

Yesterday James Hall, a driver. of one of the PaAdington
stages, appealed against a conviction made by a Magistrate, on
a charge of racing his coach against another.
It appeared from the evidence of the Respondent, .two gen-
tlemen who were passengers on the coach, that the defendant
seeing another coach pass him, put his horses to the,utmost
speed, and, in clearing a chaise, turned the horses suddenly,
round, by which the pole broke, and the animals becaine un-
manageable. One gentleman jumped from the coach, and the
prosecutors were in the most imminent danger.. One of the
witnesses said he was greatly alarmed, and would not be placed
again in a similar situation for 500 guineas.
Dlr. Anaiiit remarked, that he supposed the gentleman
was nervous.

11,3 CHAIRMAN' (Mr. CoxsT) said if he had any nerves at
all. he must have been so.
The Court affirmed the conviction, with full costs. .

An appeal was heard, matt:: by Mr. Stuart against a convict•
tion of a Magistrate (Mr. Wyatt), on an information preferred
against hint for obstructing a cdal=meter in the re-measurerrient
of some coals deficient.

Mr. ANDRE ws, for the Respondent, Stated the facts of th,e
case. Smart, the appellant, purchased a quantity of coals of
Messrs. Cooper and Green, which were seen to arrive at the
house of Smart, when, in consequence of suspicion that they
were short in measure, notices were sent to the Meter';; Office;
and Robert Best, a meter, attended at the appellant's .housei
but while re-measuring the coals, Mr. Smart came in, and said
he had seen the coals measured at the wharf, that he knew the
proprietors, and did not want them to be re-measured.
Mr. ADOLPHUS, for the appellant, took obi ections respect;
ing the form and service of the notices, but which were
ruled. It appeared by the evideuce, that in consequence of
what was said by Mr. Smart, the coal-meter left off re-measur
ing the teahi.
The CHAIRMAN consulted with Sir ROBERT BAKER., and
the of her Magistrates, and gave it as the opinion of the Court
that the words used did not amount to an obstruction.

Mr. ADOLPHUS applied for costs, but the Court refused'
to allow them.

POLICE INTELLIGENCE.

Bow-STREET.—Yesterday Mr. L. an attorney, was Nought
to the Office on a peace-warrant, granted agaiust him by S;r
R. ButatiE, on Thursday, on the complaint of Mr: C., a mer-
chant residing in Duncan-place, Leicester-square, charging
vr. L. with challenging him to fight a duel, and threatening to
horsewhip him.
On the investigation of the circumstances, yesterday, before
Mr.. Han a, the sitting Magistrate, it appeared that the parties
had dined at the Blue I'osts chop-house, in Cork-street, ou
Wednesday, and after all the company had left the room, ea.
cept themselves, Mr. L. charged -Mr. C. with having spokes
disrespectfully of the character of a Lady to whom he was at.
tached, and for which he demanded the satisfaction of a Gen-
tleman, and threw down his card on a table as a token of a
challenge, which Mr. C. did not accept, and rang the hell ; on
the waiter arriting, he desired that his master might be sent
to him, *and orr •the.landlord making his appearance, Mr. C.
claimed protection from him while in his house from any act of •
violence threatened against him by Mr. L., which the landlord
promised to afthrd him. Mr. L. however, persisting in giving
his challenge to fight a duel, and assigned, as an additional
reason to that of Mr. C.'a attacking the cluracter of the Lady
to whom he was attached, that he hail also spoken dine..
specttully of the character of his mother, when they had met 4
a boarding house, having been acquainted peeviously to their
meeting at the Blue Posts public house in- Cork-street. Mr. C.
persisted in his refusal to fight a duel, assigning as a reason
that he did not think Mr. L. was of equal rank in life for him
to meet him. Mr. L. protested, that as Mr. C. would not meet
him as a Gentleman, he would post him as a coward, and would
horsewhip•him whenever he met him, as soon as he was pro-
vided with a weapon of that description.
Mr. L. admitted that he committed a breach of the peace,
and gave bail, himself in 591. and two sureties'in 251. each.
Tows-Haar., SOUTIIIVARIC.—A N ECCENTRIC.—A Man,
who is supposedto labour under some little aberrations of rea-
son, was charged as follows :—About two o'clock yesterday
morning a watchman in Tooley-street was roused front his mid--
night's slumber by some one soliloquising by the side of his box.
The first sentence he heard was, " 'Tis now the dead of night
to which he very naturally replied, " Why to be sure it is, and
why the devil don't you go to bed ?" The prisoner (for it was,
him) continued his speech; and presently he said something
about "Graves yawning and giving up their dead," on which the
faithful guardian, in the simplicity of his heart, mistook hint for ;:-• _
a body snatcher, and proceeded to take►lin: to theConiinor,whiel!.T-'
he accomplished amidst all the poetical :a:yr.:cations which were
ever invented, from Shakspeare to Byron. Here he was rceog
nised as a constant customer and locked up in a cell ; but bcfora
four o'clock he bad so far undermined the wail, that it fell with
a terrible crash, which brought one of the turnkeys to the spot,
who, seeing the disaster, said, "Why it on have knocked
the wall down ;" to which the prisoner replica, with the warlike
hero of Uorioli—" Alone I din it." Ile was then safely handa
cuffed, which had the effect of at once stopping the current a
his courage and quotation.—lt was ascertained that he was a
person who had suffered a lengthened imprisonment in coase. -
quence of pecuniary .matters, and the Aldeantan ordered him to
be kept in the Compter until e could be passed to his parish.

Price.
Otl to 413s•fki
44s '9d to —s

COAL-MARKET, JAs. 11.
Ships at Market. Ships sold
431 Newcastle
1 Sunderland - 1

COURSE :OF EXCHANGE, January n.

Amstei dam

Ditto, at Sight ti

Rotterdam l2 10
Antwerp .. 12 7
Hamburgit 437 ls qi ITs
Altona
,
Paris, 3 Day's sight 25 55 0 Us.
Ditto
3ourdeaux, ditto

Frankforton the .... 156. Ex.Aloncy

.._...._..._.,
Madrid •)ti Ettective
Cadiz 36 Effective
_ _.

iilboa

36 Effective

ilarctlona

:354
351 *****

.
Gibraltai :-..ioi
Leghorn
(.4.1.444 .. . lq-Venice, Ital. Liv. 27 0
Malta 45 -Naples 4O
Palermo
Lisbon
Oporto
ttioJaneiro
Dublin .... 9 Coil 9 vet Cent.

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