The Sun.
London, England, 1822-11-07 00:00:00

ANOTHER.

This case being called,
Sir J. NrcifoLL, on Dr. Lushington's representing that Dr.
Swahey's illness prevented him from attending in Court, per-
mitted it to stand over till the Learned Counsel's arrival. The
Court at the same time suggested that the pleadings might be
very materially abridged. This was an interest cause, and en
certain points as to relationship to the deceased, the parties had
been very properly put on proof. (These degrees the Judge
recapitulated.) There were others into which it was quite un
necessary in any event to go into evidence.
Dr. ADAMS, on behalf of his client, assented to the suggestion
of the Court.
Dr. LUSHINGTON had no doubt it would meet the concur-
rence of Dr. Swabey on his return to town.
IN THE GOODS OF SARAH BOND DECEASED.
I The KING'S ADVOCATE said that this was a case, about
which so much had been told to the public, which had ended
in so little. About a dozen caveats had been entered on the
part of persons claiming to be relations to the deceased, an only
maiden lady, who died in Nay, 1821, at Cambridge-heath,
near Hackney. Those caveati had now been every one with-
drawn. The King had been pleased to appoint the Solicitor-
General as his nominee ; and he (the King's Advocate) now
prayed that letters of administration to him might pass the seal
accordingly.
The Court made an order to that effect.
(This property, which was originally stated at 100,001. and
upwards, does not exceed, we are assured, 20,0001.)

• INSOLVENT DEBTORS' COURT, Nov. 6.
Charles Simmons, grocer, whoSe case had stood over from
a former day, to affbrd him an opportunity of producing evi-
dence in proof of an alleged robbery to the extent of 701., to-
gether with his account-books, which he then stated to have
been committed in his house, was again brought up to-day.
Roger Taylor, a lodger in the insolvent's house, stated, that
on the night when the robbery was said to have taken place, he
was alarmed by the insolvent's wife, who knocked at his bed-
room door, and called him up, saying there were robbers in the
house. The witness heard a noise like the rattling of coals,
and on going down stairs found the door of the coalshed open,
and perceived the traces of a man's foot in some mortar that
was in the yard. After the witness's- examination_ was con-
cluded,
The Court proceeded to give judgment, observing that when
an insolvent was charged with a fraud, the evidence of it must
produce a moral conviction in the mind of the Court before it
will act upon it ; for if a doubt exist upon the subject, it is
bound to give the insolvent the benefit of that doubt. Now, in
the present case, although the Court entertained the strongest
possible suspicion that the whole of this story of the robbery
was a wicked fabrication to cover a fraudulent concealment of
property, yet as that suspicion did not, amount to an absolute
conviction, the Court did not feel that it would be justified in
inflicting the penalty alloted by the Act for such an offence
upon the insolvent. The Court then went over the other cir-
cumstances of the case, which it stated were so fraught with
fraud in every part of it, that were it not for the absence of
positive conviction of the fallacy of the robbery story, it would
go the utmost extent allowed by the Act in punishing the in-
solvent. As it was, the judgment of the Court was, that he
should not be entitled to any benefit of this Act until he was in
custody, at the suit of Messrs. Hall and Miller, for a period of
12 calendar months.
Mr. William Busleby, a gentleman whose debts amount to
an immense sum, was brought up to be heard on his petition.
He was not opposed, but in consequence of the want of service
upon some of his creditors, who were not discovered to be cre-
ditors until Monday last, the case was ordered to stand over to
Friday, (on which day the Court will sit to finish the cases in
this day's paper,) to allow the insolvent an opportunity of ob-
taining the consent of those creditors by that time.
Mr. POLLOCK, the defendant's Counsel, suggested the names
of R. Williams, Esq., M.P., and David Colville, Esq., as fit
persons to be appointed assignees ; to which the Court assented.