The Sun.
London, England, 1813-12-23 00:00:00

COrRT Or KING's DENCII, Drc.;2.

Tlllt ASSIGNS-IM. PY,WALSII, A P1N.M4U497, 1). THE
IttOTIT ZION. SIR rupmns PLtiVitn.

This was an action of Troier, brought by the
plaintiffs, us the assignees of Walsli and Nesbit,
.to recover back froni Sir Thomis Plower certain
valuable securities which he had obtained from the
bankrupt Walsh under 'circumstances which will
be perfectly well recollected by the public.
Mr. l'AuK, for the,plaintiffs, stated the case at
considerable length, and detailed all the eircturs-
sta»ces which led to the bankruptcy of Messrs:
Walsh and Nesbit, tut under which the pro-
perty in question,. consisting of American stock
.and gold coin, came into the possession of
Walsh. He. o'aierved that the case of the flight
Hou. Defendant in the present action woe cer-
tainly a hard. one yet if he shOsild prOvythat the
money.with which the American stock, amount-
ing to .10,4501. and. the foreigiagOld coils; in va-
lue 3001. which was sought:to* recovered by the
present .ection, was paid over to the Bankrupt'
previous to his committing any tact bankruptcy,
and that tto fraudulent representation vvas made
by him to obtain it. from Sir Thomas Plower,
hard though Ahat ,Right llonottrable person's ease,
VI/130d be, yet the property of which he had thus
possessed hhuself, would, under these circum-
stances,certainly belt ng to the creditors in gene-
ral, and the plaintitls therefore would he.,entitled
to a verdict ; and in support Of their 'claims he
should call evidence to prove that not onlyhad
tho order- been given to Walsh by sir Thon4a.,

. . .
i'ininor In sell stock previons to an:- "het of hank,
voptcy 'being tommitted byllitrr, . but the money
I the stoct% s3lii out; namely, g f,SOO.L. had been
rcceived bV him anti paid into the hands df Sir
Thoodti, Pluat&s., bankers inford :any such cir,
enmstante oceutteil. lie should also prove that.
ther;,-liad been nu NO practised on Sir Thomas
tO inflate him to sell out his stock, but out
thii contrary, that it was a fair bona fide transac-
tion,
,and that in the sale of the stock= and the,
stilrequent-,appliention of the money td the ;pur-
chase of Exelietpto 11111 s, Walsh had acted unties'
the direction 01 lit Thomas Plumer,himself; even.
tip to the day.,: oti which he left taJtulon, with the
hit ent,lio doubt, then on his mind, of quitting
the hingdom. If he should prove these circurn,
stances.' lie submitted that WS client would be en-
titled to :tvettlict.
Mr. l'AnK then proceeded to call evidence to
prove the cadets given by Sir Thomas ?halter to
Walsh on the27th of Novymberi NI I, to dispose
of his stock the sale of the stock add the pay-
ment of the produce of it into the hands of Messrs.
Gosling; tvl. Sir Thomas's bankers ; the. subse•
quent order of Sir Thomas for his' (Walsh's) re-
ceiving 22.2001. 6-m it Messrs, Goslings on his tie.:.
:conrit, and directions for applying the some suns
to the purchase of Exchequer Bills—all which
eirannstancvs took- place previous to the bth of
December, 1811, on which day Walsh purchit,ed
the Americim stock • in question, pild ori the
evetliug of which day he Ictt town, which, it was
contended, was the that act of bankruptcy he 'com-
mitted.. •

The AvroesmY-GENERAL, For the defendant,
said he had never, in the whole course of his ex-
perience, seen H more rdpablerttempt at Imposi-
tion brought :.irward in a CourtofJustice than the
present was. Notwithstanding the speech which
his Learned Prier,d had hero instructed to make,
and the evidence whielt he 11;1(11)1.0(1nm'; he inol
II() Hpprehension in his own mind but .he should
prove it to be so. ile had no doitbt brit :lac
should be able to ;snbstantiate the fi'mtdulent:44l7
tention with whielt( the property of Sir Thothai
Nuttier bud been obtained by the bar.krupt:
Ile was confident- he should prove his previous
act of bankrtiptcy. lie should prOt!e him insol-
vent on the %tla. of Noveinher, at which time be
first took. the instruct ions of Sir Thomas Plumer
to sell his stock.: lie shoidd prove him; on the
'3oth of Noveml4te, and. on "the.--lst,-of-De-
centher,. instructing_ a Gentleman to pat:chase
American stock and gold coin for hint, to a Consi-
derable amount, at a time too when liekuew
laiur-
self to be insolvent ; and he should prove Hitt, on
the sth of December, paving for that stock and
that gold. coin, with the notes received front Sir
'Photons' Plotter's banker, in payment Of his (*waft
f0r,22,200/. Which be ought ti have employed in
the ptsultase of Exchequer .Bills for that
and which was entrusted to him for '11;0(411er
()titer purse ; and lastly, he would prove hint
coining to town, on the morning; of the sth, from
his house at Hackney, folly prepared for a long
journey,. From Mr. Walsit's own mouth he would
prove these. facts and that he rose on the morn-
ing of the sth, and for several preceding mOrn-
lags, as nwch a bankrupt as it was possible for a
man to he ;.and haVing done this, he had no doubt
of obtaining from the Jury, under his Lordship's
direction, such a verdict as Should- do just ice to his
cats nt, its far as justice could he done to him.
Mr. Dc Bourge, a Striekbroker, proved Mr.
Walsh having applied to hiM on the Ist of De-
cember, 1811, and given him orders to purchase
American stock, fur hint to the amOunt or between
ten and eleven thousand pounds sterling. Mr.
Walsh wished the stock fo be procured by the sth
of December ; it was, so, and oft that day Mr.
Walsh paid for the stock with eleven Bank of
England notes of 100)1. the witness giving him a
draft for the difference between that stun and the
value ot,the stock purchased.
Mr. Fearn, a jeweller, in Cornhill, stated, that
Mr. Walsh applied to him to procure some fo-
reign gold for him. The application was made
on the Ist of December, anti Mr. Walsh express-
ed 4 wish to have it on the sth. The witnesS ac-
cordingly procured as Much as came to 300 t. by
that day, and Mi. Walsh paid for it with a draft
for 5001, the Witness, giving him the difference.
Mr. Webb, a busier, in Threadneedle-street,
proved Mr. Walsh's coming to town on the morn-
ing of the sth, and leaving a great coat and port-
manteau at his shop. Mr. Walsh told the witness
he was going out of town for at few days, and pur-
chased some warm stockings, saying they would
be convenient to travel in. •

Mr, Walsh stated, that in November •ISI I be
knew himself to be insolvent, and in fact utterly
ruined.; he had heal' going on for some time by
the kind assistance of friends and relations. on
the Ist of December of that year, he'direeted Mr.
Dc Ilourge to purchase, ;shout eleven thousand
pianists worth of American stock for him. He
had no direc4iuns to purchase •AmeriCan stock fur
any one, cad at the time he gave Mr. De &stage
directions, -wens rally aware he had ito resource of
his owis to •pay for it. He also ordered Mr.
rearn to procure him some ftWeign gold coin,
though he well kneW,he had no funds of his own
to:pay foe it. 'Sir Thomas Plower had some time
before this period, informed the witness he should
abont Chrktmai want II large sum of money to.
make goisd the pm chase of an 'estate ; and had
desired the witness to inform bins litien he
'thought it would be a good time for him to sell
out of the funds to raise money, On the 27th' of
November the witness, thinking it was a :!.goUtt.
time, informed Sir Thomas it was so ; iit giving
him this information, he acted as Isis honest ()pi-
nks() was ; he bad not at that time conceived an
idea ..of misapplying Sir Thomas's Money. 81r
Thomas adopted the advice the witness gave him,
and instructed him to sell 01st stock in the per
cents., to tbeamount of 21,400/- intonOng after-
wards to lay put the money in Exchequer Bills.
On the ;30th of November the witness agreed for
the Sale of Sr'i Thomas's stock ; the money was
to'he'paid on the TueSday following, being the
AO) of December. On the fallowing day it was
that the firit idea suggested itself to the witnesss
nitud misapply any part of Sir Thomas's- pro- :
perty, Mid he then instructed Mr. Dc &surge 'and
I?earn to pnreluiee the .Ameriean stool'. s~iacl
gold coin. On the Tuesday following he recejvcd
'the produce of the stOck, which' he paid late, Sir
'Thomas l'honer's account gosling's, and on