The Sun.
London, England, 1814-03-12 00:00:00

TO TlMDll'Olt OF TkIE'SUN.

BlR,—Being in the habit of goirigfreghently to
he Theatre, and.not unusually with Ladies, it is

natter,of cotainual distress-to me, to be unKble

to exclude from them, the disgraceful riots which
arc almost nightly to he heard or. seen, in the
lobbies, and even the boxes. '.l exclude from
the Theatre altogether, those• females who are
the'ea.uses of these disturbances,' is
,I know inn-.
possible.; but surely, means might be 'devised to
compel them to observe at least an apparent de-
cency in their behaviour. The saloons are surely
rapacious enough to contain them, and there.they.
might celebrate their orgies ; but if they come
into the boxes, they ought, for the sake of these
modest females whom • they niust often see; 'be
obliged to conduct themselves with 'decency.—
On the contrary, they seem, many of them to take
a delight in rendering themselves as conspicuous
and troublesome as possible ; and, senseless of
mode-sty themselves, take pride in putting modesty
to the blush in others. - , Perhaps a minor nuisance
might with reason be complained of, that by select-
ing thelobbicsandpassages as theirseenes•of noise,
they often absolntely drown the voices of the
Performo-s, and by their sere Ants and laughing,
have not tmfrequently depri(Td7 the neighbouring
part of the audience of many of the finest, ris -
sages in a Play, • or the. sweetest cadences of. a
song.' , Even the lower tiers of boxes, is: not al-
ways free from these noisances, and I was.rnyself
a -few nights ago, under the disaereeable:neees
city of getting up, in order to request a female
might, be turned out of the. box, who. however
was kind enough to retire of herl•el:., though tie,,t
without much abusive language on her part,
Now Sir, oat 15f. the numerous constables ‘‘ horn
We must suppose are in ar.oftlance-at
,the Thea-
-Ares, surely COetkie 110A111. lit-alt!horized tp.t:ake f
of-those-women, whom- they loand actually dis-
turhing,the company, into custody, or, at least
might, in the case of useless desires to remain

peaceable, turn them ont of the lobbies or boxes,
wheie they might happen to be. 1 have no doubt,
in a short time, a-14de vigilance, would be pro-
ductive of much .reformation in this paint ; "owl
I can sec no reason, why a watchmalkshoull

llve•nture right to send a woman to the watch-
house, or at least to ;.;er home, whom he finds
rioting in' the 'strces- at
.night„ when it is to be
supposed, few modest feamics comparatively c:m
be offended by her militia ; than a constable he
authorized to do the ;atTleby any, ivornan whom
he thinks disturbing an audience at •a Theatre-,
where it must necessarily happen flint much good
company, and many modest ears, must ,be the
ttit-
willitlg witnesses of obscenity arid depravity. If
you ‘vonld take some opportunity of offering-. a

obs-ervations on this -subject,(ir publishing

. .
this,. it it appear ‘vortliy, you would, Sir, 1. think-,
'confer an obligation'- on the public in general. Z.
remain, Sir, your obedient servant,

PHILOCOSMUS.

A transport, with a detachment of the King's
German Legion, under the command of Colonel
BEST,• returned to liarw:.ch, on the. Bth instant,
not being able to disembark on the coast of Gel..
many•

The Duke of. CLAIIENCF: is expected in town this
la 7, from the Continent. '

i.,"'mptainF.llNTE, who arrived in t,o.si'n onnur's-
(lts..y from Lori WELLINGTON'S army, is conic home
on account Or, ill hea)..th.
The clivatelics brought by Mr. Mirtzs, to the
Foreign ,31ice vesterday feoul ••• tend C,WI'LE^
REAGH; were laiti before the PRINCE RECENT 5c.)011
a Raeirh
erupt!
Duke
c re 4, .
1...0b tale t
rEitnAsit aetltAvin
irp,ritucr,o.
;f,
bull-
'less yesterdarwith the PRINCE RsorNT,.
_ _

The Duke of CAmrtupGi is busily em
plOyed in
re-establishing military resources of Hanover,
A letter from Isrussels, dated Feb. 25,, .I,„ays—
" All the Dutch Legation arc Teriilled to the
Hague. We have had a little sp,:vinitn of popu,
I;ir tritunit, excited by persons of the French
party remaining in the Civil Administration ; the
people were going ',to tear them limb from limb.,
an/ were joined by the Prussian *oldie.3.
houses %were burnt down, anti others

An application, we'aunierstand, has been
in the name of, EMANy EL 1, King of Sardini:i, for
the liberation of all the prisoners, untiVes of his
continental territories, and we learn that iChas
been attended with success. A Piedmonuse,
who has, been set free under these cirennistaaces,
states that all-his countrymen have in like manner
been liberated. • The Same ',el.:mission 'has
,bovi
given to the Crenoese pr'soners to quit their con,
finement, from whence it is snpr.sed that Mitlis•••
tern consider'ltaly as rescued from the authority .

of NAPOLEON. It 13 confidently• expected t!,. 1t
UEMII-IARNOIS, will follow -the Steps of MunAT,
and...join the Allies. - . . ,
Twenty Capital Prizes, including two 20,00/,
each, must be drawn on Monday, .whert the Lot»
tery will. finish, b.ut those Who wish to, bare a
chance must buy to-day, as the Meet gdei
round very early ou Monday morning.

LAW INTELLIGENCE.

COURT OF CHANCERY, MARCH 11'.

EX-PARTE CAMPBELL, EX-PARTE CLAY, IN THE

MATTER OF lIROMER. •
There 'were two Petitions argued before, the
Lord Chancellor this -day, in the bankruptcy of
David Bromer, involving a'novel and highly in-
teresting point. By the former petition the As-
riignees of the Bankrupt's estate prayed that the
_proof of a sfebt of 32,0001. by Mr. William
Clay, which • had been allowed by the Com-
missioners, ,should be expunged ; and by the
latter. petition, which was in the nature of a
cross application, -Mr. Clay prayed that the di-
idend corresponding to the debt proved by
hint under, iNlr. Bromer's commission, and which
had been tr ithheld from him by the Assignees,
should be paid over to him. The petition of Mr.
Bromer's Assignees proceeded on a statement
of various transactions between the Bankrupt and
Mr. Clay, and of large money advances made by
the latter to the former, in consideration of -which
be had' received from the Bankrupt, by bills of ex-
change and otherwise, certain sums, to a consi-
derable amount, over and above the legal interest.
it then goes on to allege, that the Rankrupt„ Mr.
Brener, departed this life on or about the 3d day
cif January, 1813, about two months after the
Commission of Bankrupt had b•.•en taken out against
hint, and without having ever been examined undei
his Commission, but that the said David Bromer, its
well before as after the issuing of such Connnis-
sion, upon various occasions, declared to or in
the hearing or presence of divers persons, that the
dealings and transactions betw-ten him and • the
said Wm. Clay were of the nature described in
the. Petition (i. e. were usurious), and he, the
said David Bromer, in his examination upon oath,
under a Commission of 13aukrupt, awarded and is-
sued against certain persons trading under the
. • firm of Paton, Gill, and Co. taken on the Ist day
of December 1812, deposed or stated, that it was
understood between him and the said Wm. Clay
that the said Wm. Clay was to gain or receive a
profit on the loans or sums of money hot rowed
from. him by the said DaVid Bromer, in addition
to the interest thereon ; and that the dealings
- between them took place upon that 'arrangement.
And that the said Win. Clay had money of him,
the said D. Br,,mer, to the amount' of 15,0001.
but that the same was not carried by the said Wnr.
Clay to the credit of the said David :korner, re 7
gularly, until' after he had stopped payment,
• and that if he had not , stopped payment, he
should not bare' asked the said Win. ,Clay for the
Said 15,0001. and that such sum of 15,0006. was not
entered by him, the said D..Broluer, in his ledger
or bill book, among his other bills,bdtmerely in his
memorandum book ; and that in his said transac-
tions with the said Win. Clay, the said 15,0001.
did not mix with his other accounts ; or to diet
or the like effect. The 'Petition then proceeds
farther to allege, that several meetings or ;wet-
views -took place between. Mr. Bromer and Mr.
Clay, after Mr. !limner stopped payment,,Tespect-
ing the accounts and dealings bet ween them, and
that other persons were pre3eat at such meetings
• or interviews, or some ,or them 3 .9‘l- that, front
time conversation that passed between them there-
at, it was evident that the said dealings had
been usurious on the part of the said William
Clay. The Petition then goes on to state,
that Mr. Clay, having offered to prove against
• the estate of the Bankrupt, a balance, said
to be due to bitn, amounting to the sum of
32,001. the assignees, on the part of themselves
and the other creditors, objected to the allowing
sit such proof, on the ground of the usurious na-
ture of Mr. Clay's dealings with the bankrupt,
and at .several meetings before the Commissioners
offered to prove the declarations of the bankrupt
ami of Mr. Clay,• at the oieetings or.interviews
between them, after Mr. Bromer had stopped pay-
- toent ; and also theexamination of Mr.Bromer
up-
on oath,under the commission against Paton, Gill,
and Co. but the Commissioners refused to alto* the
examinations of Mr. Bromer under Paton, Gill, and
Co.'s cotnnlSiSioll to be received, upon the ground
that the same was not taken in the presence of Mr.
Clay ; and also refused to allow the petitioners
to give evidence of • the conversation between Mr.
Bromer and Mr. Clay at the meetings or inter-

views before alluded to. The Petition therefore
-prayed, that the proof of Mr. Clay's debt be ex-
pnnged from the proceedings.; or that the Com-
missioners be directed to re-ceive evidence of the
'declarations and representations made by the
Bankrupt,, the said David Kromer, and of said ex-
amination taken tinder Paton, Gill, and Co.'s
Commiision, 'anti such other evidence as the Pe-
titions _might be enabled or advised to produce re-
Specting the foresail dealings and transactions.-
-The Counter-Petition prayed, that the dividend
'On the snip of which a proof had been allowed
should be paid over by the Assignees to Clay.
Mr. LsAct:, Mr. AGAE, and Mr. CuLLEN ably
argutul the case on the part of the Assignees, con-
tsudiug that the examination, of Mr. Bronker, up-
on oatb,• was in the nature of; and equal to, an
affidavit, which his Lordship would order to be

received in evidence, though not mace under his
own Commission, it being now the best evidence
' which could be procured on the subject. As to
the admissibility of 'evidence to piove what had
been the nature of the declarations and conversa-
tions between Mt'. lirouter and Mr. Clay, at the
various meetings which ,had taken place between
them after Mr. Brower had stopped payment, and
previous to his bankruptcy,. they submitted that
there could noobe shadow of donbt and, 'on
this subject. they presumed to think the affidavit
of Mr. Wilkinson, the aecompant, ‘v;is stifficient to
• satisfy his Lordship that there ought.,,at least„.to
be farther inquiry,
Sir S. ROM! LLY HALT, and Mr. MONTAGU,
on the other side, contended that the'examination
of Mr. Bromer under another commission of bank-

nipt, with which Mr. Clay Lad nothing.to do, at
which he had nut been present, and in which,
therefore, he could have lihd no opportunity of
cross-examining him or shifting his evidence, had
been justly found by the Commissioners. to be
wholly inadMissable. Had Mr. Bremer been still
alive, would he not; till once he had obtained
certificate., have been a party interested ? And if
Lid Lord,ibip had, in the event of the question

coming to be ttle43, at la*, made an °Me that the .
evidence.of.Mr. tromer should ltd received; while
lie would in that_ Way have been open to every
species of cross-examination, Nvntild not his Lord-
ship, at the same time, have ordered Mr. Clay to
be admitted as a con- petent witness also? Here every
mat,rial allegation in. the Petition was clearly and.
distincly Met by denial by Mr. Clay, upon oath ;
and Mr. Wilkinsons was clearly under a mis-
take when' he d
stated that the usury appeare
on the face of the bankrupt's books„rtlfose entries
to which he alluded being.ofa date antecedent to
the contraction:of the whole of are present•debt
for which Mr.. Clay had been allowed to prove
under the commission. This, they Submitted,
was an application without precedent, and One to
svhich Lordship must feel himself called on to
refuse his countenance, pregnant as it must be
SVC!) to. be with the'most serious evils. As to the
other part of the-application, the assignees shew-
ed that they had no confidence in it, else they
would have (some. •as they ought to have done,
with affidavits, disclosing. those declarations and
conversations previous to ,the bankruptcy, from.
which they would have his Lordship-to believe
that the dealings. between the parties bad been
usurious: Of the preliminary point, however,
namely, the admissibility of any examination of
Mr. Bromees under a strange-commission, as evi-
'deuce under his own commission, they presumed
to think, his Lordship would think it proper, in
•
the first place to'dispose.
•
Mr. LEACH having replied.
The Loan CnasTcatama -said the present was. a
novel and highly important • question. -.As to
sending the matter back to the Commissioners to,
receive evidence of the,declaratirms anti repre-
sentations made by Mr. Bromer, both' heore and
since his leinkropt v, as to the nature of the deal-.
ings- between him•and Mr. Clay, that he could
not do, as the declarations or representations
made by Mr. Bromer since his bankruptcy could
not be evidence ; and, at all events, though
factory evidence on that .salljeet, arising out of
declarations and.representatiors made by Mr..Bro-
mer, previous to his bankruptcy, were laid be-
fore the Commissioners, they could not or-
der the proof..of the debt to be expunged.
This evidence, therefore, ought to have been
embodied in Aidavits, and, submitted to his
Lordship for his decision. The more important
part of the case, however, t egarded the admissi-
bility of the examination -of Mr. trouser under
Paton. Gill, and Co's Commission, as -evidence
under Mr. Bromer's own Commission. Now, if
the question of usury in this' case Were to be tried
at law, where the .proof of the usury must be
upon the defendant resisting Mr. Clay's claim, it
was clear that there Mr. Bromer could not be a
witness till be had.got his certificate ; and sup-
posing nis Lordship to have made an order that
his evidence sl4ould be taken, still it was a. fact, as
had beeti'stated, that he could not hare done so
without the other party thereby having an oppor-
tunity of cross-examen him ; nor was it at all
probable that he would have made such an order,
without ordering Mr. Clay to be admitted its a wit-
ness also. Here the examinat'sis .of Kromer
had been taken out of the presence of Mr. Clay.
and without affording or any person on his
isehnlf_. an _opportunity
.of confronting him, or
putting a single tpiestion to him in explanation of
the statement lie was making. The Court, no
doubt, bad gone farther in giving facilities to in-
quiries into charges of usury in bankruptcy than
it ever did where the party sucking redress was in
solvent circumstances, requiring, as it did, from
such solvent person an undertaking to pay what
was really due . but his Lordship was not aware.
that the Court had ever carried that-principle the
length now contended for ; nor did he think that
he could be warranted in laying down such a pre-
cedent.' This was decidedly his opinion at pre-
'sent, but be: should consider of the matter till
Monday. His'Lordship put this.case, suppose, in
the bankruptcy of A. B. that an examination be
taken, only one half of which is material in that
bankruptcy, and that the other half, which is im-
material, and is also false, is material in another
bankruptcy, aud; on an application. similar to the
present, is admitted as evidence in that other
bankruptcy, in which, if true, it would be mate-
.rial ; could the examination so taken be the
foundation of an- indictment for perjury ? His
• Lordship presumed it '.could. not. Jll the bank-
ruptcy of which the examination was made a part,
the false allegations were immaterial, and there-
fore no assigtiuieots of pedury could be laA on
them ; while, on the other hand, the examination
could not he charged as forming part of,s or hav-
ing been made in the'proceedin;,s tinder the bank-
ruptcy in which the false allegations weft ma-
terial.