The Sun.
London, England, 1836-12-29 00:00:00

LOMJON, FtllinigDAY VVENiSG, DECEMBER 29, 1836

SIR MICHAEL SHAW STEwART.

(From the Greenock Advertiser.)

We regret to have to announce, in this day's Adver
tiser the death of Sir Michael Shaw Stewart, of
Greenock and Blackball, Baronet, the representative
of this County in Parliament. This melancholy event,
which was not altogether unexpected in this neigh-
bourhood, took place in Edinburgh on the evening of
Monday last.
As a politician Sir Michael's character is well
known, he having taken a prominent part in public
matters from an early age. Long before his return to
Parliament, as a freeholder in several counties he was
always to be found giving his support to Liberal candi-
dates. He was a member of the Fox Club in Glas-
gow, and on one occasion presided with much eclat
at the annual dinner of this association of the leading
reformers of the west of Scotland. On the lamented.
demise of Lord Archibald Hamilton in 1827, the eyes
of the liberal electors of Lanarkshire were unanimously
turned to Sir Michael, as a proper successor to this
patriotic nobleman, although he was at that time absent
on the Continent. The Conservatives thought this a
good opportunity to endeavour to regain their influence
in that important county, and they accordingly put for-
ward the Hon. Charles Douglas. The election took
place on the 16th of October, when Sir Michael was
returned by a majority of 12, he having 70 votes and
his opponent 58. He was subsequently returned for
this county, in which the chief part of his estates are
situated, anti of which he is by far the largest landed
proprietor. This representation he retained till his death.
Sir Michael was a steady supporter of the administra-
tion of Earl Grey, and indeed of the measures of the Mel-
bourn Government, with the exception of the appro-
priation clause of the Irish Tithe Bill. Our readers
know that on this point we have all along differed
with him, but we are well aware that many men, who
were otherwise sound reformers, look upon that part
of the ministerial policy with suspicion, if not dislike.
Our disagreement with the deceased Bart. on this sub-
ject however, cannot make us forget or fail to remem-
ber with gratitude, the steady and effective support
which he gave to liberal measures at a time when so
to act was less fashionable, and, required much greater
sacrifices than a similar course of conduct in the pre-
sent day. During the whole of his parliamentary
career, previous to the nee/Akin tti office df Lord
Grey's administration, he voted with thd orpo-
sition, and he formed one of the narrow majority
which hurled the Wellington administration from office
during the first Parliament of the present reign.
They are not sensible reformers who overtook st=ripes
of this kind, or undervalue any one of those through
whose exertions the great measure of Parliamentary
Reform was carried, merely beeause he is not pre-
pared to go all the length in changing the institutions
of the country, which some deem advisable, but re-
garding which there exists throughout the nation a
serious difference of opinion. It is, however, not less
strange than true, that the leaders and organs of the
extreme movement are much more hearty in their
abuse of those who, having rendered good service to
the cause which they profess to support, nevertheless
decline being dragged beyond what they conceive the
limits of safe and constitutional reform, than of such
as opposed every step in the march of improvement.
To treatment of this kind Sir Michael was often sub-
jected, and -even at the very first election under the
Reform Act, he met with marked disrespect from many
who owed the elective franchise to a measure which he
had supported throughout every stage with untiring
assiduity, and at the expense of many sacrifices, both
of a personal and pecuniary nature.
In private life, Sir Michael's conduct was amiable
and exemplary. By the tenantry on his extensive
estates his death will be severely felt ; for he was a
kind and liberal landlord. The inhabitants of Gree-
nock, too, will suffer from his death, as by this event
the larger portion of the ground in and around the
town will be placed under the management of trustees
during a period of eleven years, which must elapse
before his eldest son attain his majority. These,
however well-disposed, will not probably feel them-
selves at liberty to act, in regard to this property, with
the same liberality as the owner might,—and as the
late owner was in the invariable practice of doing.
On all occasions when ground was wanted for objects
of public utility, Sir Michael came forward in the
most generous manner to supply the desideratum ;
and within the last twelve months liberal grants were
given, at a nominal feu duty, to the Highlanders'
Church and School Accommodation Society, and to
the Mechanics' Institution. His offer of ground to
the Corporation, for the extension of the harbours,
was considered so munificent, that the thanks of the
Town Council were on two occasions voted to him
unanimously.
But in no respect was Sir Michael more entitled to
the gratitude of the inhabitants of Greenock than in
his efficient promotion of the Shaws' Water Com-
pany's important and nighty valuable undertaking.
From the deep pecuniary interest taken in this enter-
prize by himself and the members of his family, he may
be justly regarded as the founder of this novel and suc-
cessful experiment, although to Mr. Thom the merit
of the contrivance is due. The project of a railway
from this to Glasgow owes much of the success which
attended its announcement to the support which he
accorded to it, both by his advocacy and his pecuniary
contributions ; and we feel persuaded that in the event
of any opposition to the progress through Parliament
of the Bill for its construction, his aid would have been
invaluable. We, speak the more confidently on this
point, from havi(ig experienced the importance of his
Parliamentary services in other matters interesting to
this coma:unity, on all of which his labours were ar-
dent, unremitting, and effective. It is well known that,
of all the Scottish members, he was the most useful in
opposing the Dublin Steam Navigation Company's at-
tempt to create a mcnopoly, which could not fail to have
been attended with the most injurious consequences to
the steam-boat proprietors of the Clyde, We merely
mention this as one out of many instances of his atten-
tion to local matters.

The Honourable Baronet was in his 49th year, ha-
ving been born at Springkell, Dumfriesshire, on the
4th of October, 1788. He was married in 1819, and
has left a family of three sons and three daughters. His
lady is the only child of the late Robert Farquhar,
Esq., of Newark.

On Saturday a person, who said his name was Alex-
ander, of Upper Norton-street, ordered of Mr. Paull, of
Regent-street, a sable muff and tippet, value 18/., for which,
on being sent home, the fellow gave the porter a 20/. check
on Coutts', where he had no effects, and then decamped with
the property. He had been allowed to sit in the parlour
of the house in Norton-street a short time, where he had
looked at the apartments to be lot.

CHELTENHAM.--A new church is in contempla-
tion among the many other additions and improvements
already going on in this place. It is proposed to erect it
on the upper end of the Lansdowne-terrace-road, in such a
situation as to afford accommodation to the neighbourhood
of Alstone and Bays-bill, the property around which is now
being cut up for buildini, plots, and laid out in rides and
dri ves.—CYielte»hain Lookcr-on.

We are enabled to state, that the negotiation be-
tween the Northern and Central Bank and the Bank of
of England has been finally and satisfactorily concluded, the
latter affording every assistance which the former could re-
quire. The rumours and statements so industriously circu-
lated with a view to discredit this Bank, by asserting it
would be compelled to wind up its concerns, are totally
false. Only a Bank of great resources could have borne
up, for three weeks, against the incessant and mali-
cious attacks upon its credit which this Bank has so
signally defeated. We believe that there is no doubt,
that the Directors of the Northern and Central Bank,
besides the action already instituted against the Ti.,Acs, will
immediately commence a prosecution against the. 2itorning
Post. The damages, in both cases, will, no 0 )nbtl be laid
at a very heavy sum.—Liverpool Albion. 'l/4'

LAW INTELLIGEIiet,

COURT' 94NKlyIPTCY, DEC. 28.

BENTLEY, DEAR, AND BiClittli.!h?rt‘6l RAPIKRUPTCr•

The bankrupts in this case were the exterigife itmelhense-
men, 1.4 e., in Cheapside, against whom a fiat was issued, one
of the parties (Mrs Bentley) having just previously ab-
sented himself. The other two bankrupts having given in
their accounts, Mr. Bentley returned to this country, and
having surrendered, charged his partners with having given
in inaccurate statements, by which the creditors would be
defrauded to the &flout of about five thousand pounds.
The imputation was wholly denied by Mr. Dear and Mr.
Richardson, and very lengthened examinations have been
in progress, in order to elicit the truth. The examination
of Mr, Bentley was commenced on a former day, when he
went into a statement of the large transactions of the firm,
and asserted that the accounts of the other partners were
fraudulent, that goods had been removed, and that the firm
had been wantonly and wickedly stopped. The bankrupt
Bentley proceeded to show, that by the accounts given in
by his two partners there was a deficiency of not less than
five thousand pounds. The proceedings were resumed to-
day, when Mr. Alderman Wood took occasion to advert to
the eaparte statements published of the proceedings at the
last ttieetieg, when gross charges were made by Mr. Bent-
ley against Mr. DU;tf and Mr. Richardson, the latter party
not then having had an opportunity of denying the asser-
tions of Mr. Bentley, and which were calculated to injure
the two former gentlemen.
Mr. Bentley was then minutely examined by Mr. Ash-
urst, the solicitor to the fiat, MI to the accounts. lie re-
peated his opinion that the deficiency he had formerly
stated existed, that the stock-book would prove that such
a sum had been abstraeted, Various accounts were given
in by the bankrupt to establish his charges.
Mr. Cknmnissioner EVANs said the bankrupt must make
out his accounts from the commencement of the partner-
ship down to the failure before he would pass the accounts.
Figures alone would show whether the charges made against
the other parties were correct or not, He (the Commis-
sioner) did not yet see that any such cao had been made
out against Mr. Dear or Mr. Richardson, who had fur-
nished their accounts.

Mr. Richardson stns then examined, and in; contradicted
the statements of Mr. Benticy in all important particulars.
He had gone over all the accounts! and, after deducting
the profits, the stock at the period of the bankruptcy was
as had been stated In the balance sheet, and his partners
had rendered to the fiat. These accounts showed that the
firm had realised profits to the amount of about 5i to six
per dent, A paper was produced in the handwriting partly
of Mr, tentley, in which the account that had been given
in the balance Shod of himself and Mr. Dear was con-
firmed. The firm was, upon the statement then made out,
solvent, but a book was discovered after Mr, Bentley had
absconded, by which it appeared that he (Mr. Bentley) had
lost Illtititgy liy gambling in the funds—that forgeries had
been committed upon the firm. It had also come to his
(Mr. Richardson's) knowledge that a system of obtaining
accommodation bills had been commenced by Mr. Bent-
ley, He staled that the accounts that had been made out
by himself and Me. Dear were correct, and that there was
no ground for the charges made against him of having
fraudulently abstracted 5,0001., the property of the cre-
ditofs,

Mr. Dear Watt tilso examined, and went into various ex-
planations relative to the accounts of the firm. As soon
as he had ,heard that forgeries had been committed on the
house, he sent, through his solicitor, to Mr. Bentley, to
obtairi ad immediate dissolution of the partnership ; that
Mr. Bentley bad ddmitted to him that such forged bills
were out, but that the firm was solvent by full 15,0001.
The absconding of Mr. Bentley rendered it however neces-
sary that trustees should be appointed, and the stoppage
then took place,
The Commisstota Bald that Mr. Bentley must make
out his own balance-sheet, and then it would be seen if he
would adhere to the charges he had made,
The further proceedings were then adjourtied, to allow
time for Mr. Betitivy to 'make out his balance-sheet.

INSOLTENT DEBildirie (70URT, Dnc. 28.
William Wightman, a simple-looking' pers/nage, was op-
posed by Mr. Creswell, on the part of Messrs. lidyno and
Whitten, and Messrs. Penlop and Nicholson. He Was
supported by Mr. Cooke. The insolvent had been a coach-
maker, in Kendall, Westmoreland, His debts amounted
to 1,3121., and all the property he had for hl creditors
were some book debts, " good, bad, and doubtful." He
was arrested by Messrs. Penlop and Nicholson in Septem-
ber last, and went to Appleby gaol, He told the sheriff's
officer that his father, Thomas Wiglitrneri, should have
all his property before any of his other creditors were
paid, and soon afterwards, during his incarceration, hie
property was sold under a warrant of attorney,
which, after expenses, realised OW, 135., which was
paid over to his father. He bailed out before the ex-
piration of 21 days, which he admitted was to prevent a fiat
of bankruptcy being issued against him. The insolvent
came to London in October. Another complaint was that.
he had preferred his father, to the injury of his other cre-
ditors. It was stated that he had given the warrant of at-
torney in November, 1835 ; because he said he wished to
pay his debts. A very few facts could be elicited from the
insolvent. He enacted the part of Master Silence, and
what words came from his mouth came freezingly. His
own Counsel could not thaw him into loquaciousness.
Mr. CRESSWELL said a pretty piece of juggling had
taken place to deprive the creditors of payment. The in-
solvent called himself a coachmaker but he seemed not to
possess wit enough to make a wheelbarrow:
Mr. COOKE thought that the insolvent had been a pip•
pet in the hands of others, as he appeared too simple to be
otherwise.

The Learned CHIEF CommissioNEtt would adjourn the
case, in the hope that the father would give op the pro-
perty, and come in pari passe with the other creditors,
Should the father refuse to do justice to the creditors, the
Court would consider what judgment the justice of the cast
required. An assignee should be now appointed, and the
creditors would do well to take an opinion whether the facts
did not show a fraudulent evasion of the 34th section of the
A ct.

The ease was adjourned sine die. One of the opposing
creditors was appointed assignee.

POLICE INTELLIGENCE.

POW-STREET.

Yesterday George Forbes Atkinson, alias Captain Atkin-
son, was brought before Sir P. Itoc, in the custody of the
Marshal of the King's Bench Prison, on a writ of habeas
corpus, to meet a charge preferred against him at this office
for forging the acceptance of the Hon. Captain Lauder-
dale Manic for the amount of 1,0001., upon a bill of ex-
change.
Mr. Richard Kirkman Lane, solicitor, had received a
summons, which he held in his band, to attend and give
evidence in a certain case of felony, namely, the forgery of
the acceptance to a certain bill of exchange for 1,000/.,
purporting to be that of the lion. Captain Manic. That
bill had come into his possession in a legal way, and he
did not feel disposed either to produce the bill or to give
evidence until he had obtained legal advice, inasmuch as
he bad given money for the bill, and it bad not been ho-
noured, in consequence of which he had brought an action
upon it, which was still pending. He wished time to pro-
cure advice.

Sir F. ROE—I do not see the necessity of delay. You
are only here to answer simple questions.
Eventually, however, some delay was granted, and after
some time Mr. Lane re-appeared, accompanied by Mr.
Adolphus as his legal adviser.
Sir F. ROE (to Mr. Lane)—You have a bill of ex-
change in your possession, I believe, for 1,0001. ?—Mr.
Lane—Yes, I have.

Sir F. ROE—From whom did you receive it ?—Mr. Lane
—From the prisoner.
Sir F. ROE—Have you it here ?—Mr. Lane—l decline
to produce it.
Sir F. 110 E—I am surprised at a witness under such cir-
cumstances declining to produce a necessary document. It
is indispensable that the bill should be produced.
Mr. Lane—l have commenced an action upon the bill,
and have had advice upon the subject, and I must decline
to produce it.
Mr. Adolphus was about to speak, when _ _ _

Sir F. RoE, addressing the Learned Counsel, said, " I
can't hear you. So long ac lam a Magistrate I will not
allow Counsel, who attends merely for a witness, to advise
him what he should or should not say. You are perfectly
welcome, Mr. Adolphus, to stay, and hear all that passes ;
but I cannot allow you to say a word. You may retire, if
you please, and consult together.
Mr. Lane and Mr. Adolphus then retired for a short time,
and on their return,

Sir F. ROE asked if Mr. Lane was prepared to produce
the hill ?—Mr. Lane—No, Sir Frederick.

Mr. Adolphus (to his client)—You can give a copy of
the bill. I have advised him to do so.

Sir F. RoE---I will not allow any Counsel to suggest to
a witness what he ought, to state,

PRICE sd.

Mr. Adolphus---I have instructed the witness what he
! ought to do ; but he has forgotten to state one part of it,
name?7i that you were welcome to the inspection of the bill.
If he did so, if fres not my fault. I have always given my
advice to my clients, ire of prejudice, and will always
do so.
Sir r. ROE-But I will not allow such instructions to be
given and acted upon here. It would not be allowed in
any Court, however humble, and certainly net in the Courts
above.

Mr. Adolphus—l have not instructed my client, except
as I thought proper.
Sir F. RoE—Really, Mr. Adolphus, if this course is to
be persisted in, I must adjourn the case to the private room.
Mr. Adolphus—l don't care whether you do or not. You
know I am always ready to behave with kindness to the
bench, nay, more, with the highest respect to the bench.
Sir F. ROE-I really must adjourn this case to the pri-
vate room, and without Mr. Adolphus.
The prisoner and witnesses were then conducted to the
private room, Mr. Adolphus being excluded.
Mr. Lane was then sworn, and deposed that he received
an acceptance, purporting to be that of Mr. Manic, for
1,000/.

Mr. Clarkson—Have you more than one ? Mr. Lane—
No.

Mr. Clarkson—What date did that bill bear ? Mr.
Lane—As well as I recollect the 3d of March. Speaking
from recollection, I think it was drawn on the 28th of Feb.,
1835, for twelve months.
Sir F. ROE—Give me a form of the bill.

Mr. Lane said it was drawn in the usual way. It pur-
ported to be drawn by Mr. George Forbes Atkinson, upon
the Hon.Capt.Maule, and payable at Cox and Greenwood's.
Sir F. ROE—From whom did you receive the bill ? Mr.
Lane—From the prisoner.
Sir F. ROE—Did nothing pass when the prisoner gave
the bill to you ? Mr. Lane—Nothing, except that Mr.
Maule had lent it to him for his (prisoner's) accommodation.
The Hon. Capt. Manic examined—He lived at the Colo-
nade Hotel, Charles-street, St. James's-square.
Mr. Clarkson—Did you ever give to the prisoner a bill
such as has been described, or lend him one to be made any
sort of use of? Captain Maule—l did not.
Sir F. ROE—You know him ? Captain Maule—l do.
Mr. Clarkson—Did you ever lend or give any bill to the
prisoner for his accommodation ? Captain Maule—Not for
his accommodation, certainly.
Mr. Clarkson—Did you become acquainted with him in
February, 1835? Captain Maule—l did.
Mr. Clarkson—Did you at that time want to raise
1,0004 ? Captain Maule—l did.
Mr. Clarkson—Did you accept a bill for 1,000/. ? Cap-
tain Maule—Yes. _ _ .

Sir P. RoE—Was it drawn in your presence ? Captain
Maule—Yeg.
Sir P. ROE—Wag it drawn completely ? Captain
Maule—Quite completely.
Mr. Clarkson—Where was it made payable? Captain
`mule—At Cox and Greenwood's. _ _ _

Clarkson—At what date was it to be payable?
Captain Maule—At three months.
Sir P. Itoli—Now I must say, Mr. Lane, that I meant
nothing personal to you in the observations I felt it my
duty to make. Mr. Adolphus, lam quite sure, rill under-
stand that I could mean nothing offensive to him in the
course I have adopted. If the principle were once Ad-
mitted that persons were not compelled to produce newt.
sary proofs what would become of public justice? Sup-
posing pawnbrokers and clerks of the Bank of England
were to refuse to produce proofs of guilt, where would be
the possibility of convicting guilty parties ?
Mr. Clarkson. asked; Captain Maule if any bill for
1,0001. had been put in circulation drawn upon him at
twelve months' date could have been genuine ? Captain
Maule—Certainly not. I never accepted a bill of that
amount at that date in my life.
It was then arranged that the prisoner should be re-
manded until Friday, Mr. Lane, meanwhile, pledging him-
self that he would produce the bill on that day.
Mr. Adolphus was still on the bench when Sir F. Roe
returned to it.

Sir F. ROE explained the matter to him, and said he had
done nothing more than his duty called upon him to per-
forty, and he did not mean to vex Mr. Adolphus.
Mr. Adolphus—Don't imagine you have said anything
to voi me. lam not vexed I assure you.
Sir F. Her—Don't suppose that I am apologizing to
you. It is to me that incivility has been shown.
Mr. Adolphus—You have possession of power, to which,
of course, I must yield.
Sir F. Ror-14he possession of power and the exercise
of it is not at all pleasing to me ; but so long as I have the
power to enforce the law I must do my duty,
After some further convlrsation, of no public interest,
the prisoner was conveyed to To-thin-fields gaol for another
examination.