The Sun.
London, England, 1822-10-30 00:00:00

LAW INTELLIGENCE.

FOREIGN INTELLIGENCE.

VERONA, OCT. 19.

[EXTRACT OF A P.RIITATL LETTER.]
" The Emperor of Austria, the Kings of Prussia
and SaTdiuia, went on the 17th, in the morning,
to meet the Emperor of Russia, who entered our
city the same day. His arrival was retarded till
the 17th, because his Imperial Majesty, on the
way from Inspruck to Ala, visited some of the
most picturesque spots in that part of southern
Tyrol. He also visited the 'north bank of the
Lake de 'Garda. Among the persons in his
suite we observed Lieutenant General Prince
Wolkow sk y.
" Cardinal Spina, the Plenipotentiary from the
Pope, 1s now here.
" Lord Wellington* was still at Venice yes-
terday, the 18th. It is said that our Podesta has
been desired to prepare a lodging for a person of
distinction, who is to come from London, and
who, together with Lord Wellington, will repre-
sent Great Britain at the Congress.

" It is affirmed that one of the first operations
of the Congress will be to decree the evacuation
of Piedmont by the Austrian troops. This point
is in a manner settled, and will not require any
farther discussion. The Ministers of the great
Powers having perfectly agreed ON this subject
in the preliminary conferences which took place
at Vienna.

" But it is not the same with regard to the
kingdom of Naples and Sicily. The delibera-
tions on this point, at Vienna, continued several
days : some Ministers had at first voted for the
evacuation of those countries, but the contrary
,opinion was carried by a great majority. There
is reason to believe that this first decision may
be confirmed by the Ministers of the Congress,
though England is not of this opinion. Thus the
kingdom of the Two Sicilies would continue to be
occupied by the Austrian army, which would even
be reinforced, or, at least, raised to its full compli-
ment.. It must be observed, that for some time past a
certain quantity of troops has proceeded from the
Milanese to the Roman States, to go thence to join
the army of Baron Frimont. They talk also of
the formation of an Austrian Corps of Observa-
tion on the coasts of the Adriatic, the head-
quarters of which would be at Ancona. This
last news, however, needs confirmation.
" Some persons, who pretend to be well-in-
formed, assert that the preliminary resolution
taken at Vienna by the Ministers of the Great
Powers to prolong the occupation of the Neapo-
litan territory, probably influenced the resolution
,of his Majesty, not to come in person to the Con-
-gress. It is believed that he will be represented
.by Prince Ruffo, President of the Council of

FRANKFORT, OCT. 21.-Our readers remem-
ber the vain efforts made by Lord Strangford just
before he set out to Vienna, to induce the Porte
to renew the diplomatic negociations with Russia,
mud that the Ottoman Government formally re-
fused. It is now • said, that after an extraor-
dinary, Divan, to which 56 persons were sum-
moned, the Reis Effendi addressed a very im-
portant note to the Ministers of Austria, France,
and Prussia, in which the reasons are explained
that induced the Sultan to reject every proposal
leading to .a renewal by the Porte of the ancient
relations with Russia.

A Tartar has arrived at Constantinople with
news of a great battle gained by the Persians
near Erzerum.

PARIS, OCT. 26.—Yesterday evening the
'Ttlarquis de Clermont Tonnerre, Minister of the
Marine, transacted business with the King : and
-to-day, after mass, his Majesty transacted 'busi-
ness with the Comte de Villele.

* This is a mistake.

'BANKRUPTCY-HOWARD AND GIBBS

Yesterday having been appointed for the final
examination of the bankrupts, on an assurance that no further
adjournment would be required, a very numerous meeting of
their Creditors took place, in the expectation of hearing a full
disclosure of the state of the Bankrupts' affairs.
The Bankrupts being examined, Mr. Gimes stated, that he
had furnished the Assignees with all the accounts of the Bank-
rupts' estate, accurately balanced, -on the 10th of September;
and he was now for having a balance-sheet, which would corn-
-prise the whole, and when completed, would be.most explana-
tory and satisfactory—but it would be a tremendous one. He
• lied not yet got half-way through it, and it already occupied
more tharr'loo sheets of brief paper.
Mr. TREBECIC, the Commissioner,. inquired *heater he had
not yeti given the Assignees any account of property ?
Mr: GIBBS replied, that he had given them a general account
far their own satisfaction ' • but it was not such in point of ac-
curacy, .as. he could produce at his examination. He added,
that he was using his utmost diligence in the preparation of the
balance sheet.
The Bankrupts were then examined at the instance of the
Assignees, as to the property possessed by each at the time of
becoming partners.
Mr. HOWARD stated, that• on the commencement of their
partnership, which took place the Ist of January, 1814, he con-
sidered himself worth 50,000/. about 30,0001. of which was in-
- wested in an estate he had purchased in the year 1807, and part
of the remainder consisted of leasehold property and annuities;
—lie did not thick that he owed at the time 5001.
Sir. GIBBS said, at the time the partnership commenced, he
was worth about 2,2001. and did not owe 501. in the world.
Mr. HOWARD also stated, that his books would spew the
application of all the property he possessed from the time he
commenced business to the time of his failure, and he was con-
fident it would be seen that neither himself nor his family had
ever spent any in waste. -
Mr. WILDE, who attended for the assignees, submitted to
the Commissioners, that the bankrupts should be called on to
account for the long time that had already been allowed them
.to prepare for their final examination, before a longer timeshould
be given. lie was afraid their object might be to defeat the
. claims of their creditors.by the most certain of all means, pro-
tracted proceedings.l
Mr. M ONTAGUE, who was Counsel for the bankrupts, re-
pelled the imputation of their wishing for unnecessary delay.—
" Their estate," said Mr. Montague, " will, if well managed,
pay all their creditors 20s. in the posind." He argued it ,was
impossible, therefore, that they could wish for unnecessary de-
. lay or expence.
Mr. Grmss stated that he would have- the balance sheeta-a.ady
for delivery to the assignees in a fortnight or three weeks at the
furthest.
The. Commissioners appointed the 14th of December for the
final examination of the bankrupts, and directed Mr. Gibbs to
deliver in the balance sheet to the assignees on or before the Ist
of December.--The .Meeting then adjourned.

COURT OF KING'S BENCH,. TUESDAY, 0CT.29.
ALEXANDER V. lI`GOWAN.
Mr. MARRYATT stated that this action was brought by Mr.
Alexander, of Whitechapel, a Printer, of the Ilebrew per-
suasion, to recover of the defendant a quantity of type.
McGowan, the defendant, was employed by the plaintiff to
take off a quantity of type, already composed, by means of
plaster of Paris, for the purpose of casting stereotype. Mr.
Alexander paid him a bill of 281. The defendant lives in
Windmill-street, where it was necessary, for the sake of regu-
lating the process, that the plaintiff's servant should be. Mr.
Alexander had been at an expence'of several hundred pounds
in forwarding a periodical Hebrew work ; but in consequence
of interruption from the defendant's refusing to deliver up the
plaintiff's frames and* type, the work had been abandoned.
The defendant, he understood, set up a lien. The question
would be, what damage the plaintiff had sustained ? The de-
fendant had nut only detained the type, but the manuscript
also.
Nathan. Samuel, servant of the plaintiff--Knows plaintiff
and defendant ; the latter is a stereotype founder ; there were
five cases of Hebrew type, and manuscript coyy of notes ; the
work was an English and Hebrew translation of the Old Tes-
tament ; the defendant M'Gowan is the overseer ; the witness,
with others, carried the type, from Whitechapel to Windmill-
street e the first is common type ; this is taken off on plaster of
Paris, and from this the stereotype is cast; the cause of the
stereotype being stopped was, the plaintiff sent Mr. 31‘Gowan
the following letter :
" In consequence of having another Magazine, next week
we shall want the frames and type at your house."
Witness—McGowan said, upon making application for them,
the bill must be first paid; went again on the 9th of April„
and served bins with a written notice; by this it appeared,
the plaintiff demanded the stereotypes, together with the ma-
nuscript of a Hebrew and English translation of the Old Tes-
tament.
Witness—Defendant refused ; does not know the value, but
it was impossible to go on with the work,
Cross-examined by Mr. SCARLETT—Nobody was present
when defendant refused to deliver them up. Mr. M‘Gowan
said, as soon as he separated the type which belonged to him,
from that which belonged to Alexander, he might have them ;
and as soon as he paid the bill, he should have the things.
This is the same Hebrew type witness had talked with Mr.
Scarlett about in this Court before.
Re-examined by Mr. Mann VATT—They were all separated
but a few sheets, and the defendant said they should not take
them away until his bill was paid. Mr. Alexander said he
would not pay until he saw the proofs, to know that they were
correct. Of the English translation the plaintiff had not re-
ceived one proof He has abandoned the work since, and re-
turned the subscriptions in consequence of the dispute with the
defendant. Before lie commenced he engaged a Dutch compo-
' sitor of Hebrew from Holland at two guineas per week.
When witness made the written demand, the defendant said
he should not take them away till the bill was paid. In April
he said nothing about separating the type.
George May knows the business of stereotype casting. You
send the type, and as soon as the impression is cast on plaster
of Paris, the type is returned.
William Loy, stereotype-founder—As soon as the mould is
cast, proofs are sent to the employer, and when found correct,
the type is returned. When the plates are not correct, they
are recast.
George Carpenter Austin, a letter-founder. The white in-
terstices, or characters, were done by the witness for this very
ork ; his bills amount to 181. or 191. Witness lives in Wor-
ship-street.
Isaac Greeve examined, through Wolf Moses, an interpreter
of Dutch—Was engaged by Mr. Alexander to superintend this
work ; came from Holland in last June ; at first refused, then
not finding full employ, he came to work for Mr. Alexander ;
knew in Amsterdam what he was come for, and what he was
to have.
Thomas M‘Millan.—This work was stitched in the New
Evangelical Magazine, which cost two guineas; stitched up
about 3,000. Not many people subscribed.
Mr. John Harris, publisher of the Gentleman's Magazine.
This work was billed in it in October, 1821 ; charged two gui-
neas and a half.
Mr. Ben j. Tarbart belongs to the Monthly Magazine ; for
billing this work, charged two guineas and a half.
Air. Sealy, of the Christian Guardian, likewise charged
2/. 12s. 6d.
Cheeks Pitt, of the Christian Observer, made the same
charge. Total expence of printing bills, 81.
Mr. SCARLETT, for the defendant, said, Mr. Alexander
was like one of those Magical Geniuses in the Arabian Nights
Entertainments, whether it was burnt or lost, he still had a
profit on it. Having been burnt out of his house, he re-
covered in an action against the insurance office ; then he
persuaded Mr. 1114Gowan to let him carry on his business
at his house, and he made a stipulation that lie would not deli-
ver the type until it was paid for. Finding the number of sub-
scribers not sufficient to sustain the expence, he had declared his
intention to abandon the work. The defendant finding this,
desired him to take away his type. The Learned Counsel read
two letters from the defendant to the plaintiff, informing him,
if he did not take away his type, it would be sold to pay the
expences. This work seemed to be as important as if it actu-
ally suspended the salvation of mankind, or so indeed the plain-
tiff would have the Jury believe. Mr. Scarlett had learnt, that
to complete the work would cost him 5,0001. This action was
brought to complete the magical virtues of this type, which
turned every thing into gold.
Thos. Boyle, foreman of 111‘Gowan, did not give plaintiff
authority to put his type into Mr. WPGowan's premises, but at
last he was permitted to work there. This was when his house
was burnt down. The agreement for the stereotype was 30s.
a sheet. Some were made and paid for until .the month of
February, when Mr. Alexander thought proper to stop it ;
and lie then began a new work—a Hebrew prayer book in
stereotype ; the English types were witness's. Recollects Mr.
Alexander coining to take away the stereotype. Towards the
end of February he came in a coach, desiring an apprentice,
Nathan, to take away all the type. The English and Hebrew
in the same page. Witness told him he must not take away
Mr. M'Clowan's property.
The boy said his master had ordered him to take them. An
altercation took place between Alexander and M‘Gowan. The
latter desired Mr. Alexander to clear his type, and take it awry.
Mr. Alexander said lie would not do it, and Mr. M'Gowan re-
fused to let him take them away. The Hebrew types re-
main unseparested ; has not brought them here.
Cross-examined.—Believes Nathaniel Samuel separated souse
of them—a page or two.
Mr. M'Gowan said, if lie would pay the bill, he might have
every thing belonging to him.
John M'Gowan was present when Mr. Alexander went up
stairs with his journeyman, and apprentice, for the purpose of
separating his type. He was about to remove some of their
property, but was stopped in consequence. Witness's father
said if he would separate his own from theirs lie was at liberty
to take them. He said no, he would take all away, and send
theirs afterwards. After a little abuse, Alexander went away;
Alexander had by this time dropped his Hebrew Bible, and
was going on with another work ; witness sent letters by his
father's desire to the plaintiff; utter 28th February ; one on
the 6th of March, stating plaintiff's plates were ready, and
upon paying defendant's bill, he was at liberty to take them
away ; anotner, sth April, 1822—if not taken away, that they
would be sold ; plaintiff was his own printer ; the plates were
cast by the defendant; plaintiff never came to see if they were
correct; it is the printer's business to correct the print before it
is cast ; Alexander has not been to inspect, but has refused to
pay for them.
Cross-examined.—The plates are fee similes of the types as
set up ; if any defect, a fresh cast must be made ; Mr. Alex-
ander, and not witness's father was abusive ; Mr. Alexander
shipped Rituals to the defendant's agents at New York ; this
was entirely on his own account.
A compositor of the defendant's corroborated the last witness.
. Mr. MARRY.ATT rose to reply.
LORD CHIEF JUSTICE to Mr. Marryatt.—lf you refused to
separate, how can you bring an action for that mixed up ?
Mr. MAnnYATT.—Part was separated, yet if he retained it,
in point of law he could not justify such detention.
The LORD CHIEF JUSTICE observed, that the non-delivery
of some of the plateS, which had actually been paid for, would
entitle the plaintiff to recover a verdict. If the Jury were of
opinion- the work was abandoned in consequence of such de-
tention, the damages would be considerable.
After some further conversation between Mr. MARRYATT,
Mr. SCARLETT, and the JUDGE, his Lordship summed up
the evidence, and the Jury found for the defendant.
' ASIILING AND ANOTHER V. SMITH.
This was an action to recover 92/. fer forty quarters of corn
alleged to have been purchased by the defendant. It ap-
peared that the corn was exposed for sale in the market on the
24th of April last. A dealer, named Ward, offered to become
a purchaser. at fifty shillings,but the plaintiff; not liking Ward,
refused to.let him have it. Smith some time after, said to the
plaintiff; " As yeu don't like Ward, take 495. and you may
, insert my name as the purchaser." The corn was delivered
on those terms, and in May following Smith sent Ward with a
cheque to pay for it.. The plainti f.'s clerk made out the re-
ceipt to Smith; on which Ward said, it should have been made
out to himself. On the refusal of the clerk to alter it, Smith
took up the cheque, and went away, saying he would not pay,
it at all. Under these cisrannstances the action was brought. '
The question was whether Smith or Ward was the purchaser
of the corn ?
The CHIEF JUSTICE, after tha witnesses had been heard,
observed, there was no proof that Ward had purchased the
corn, and the. Jury found a verdict for the plaintiff.