The Sun.
London, England, 1836-11-21 00:00:00

EXCHEQUER COURT.--(THIS DAY

The COURT was engaged the whole of the morning
with cases in the 'special paper. Nothing of the slightest
public interest, occurred.

COMMON PLEAS.-(THIS DAY.)

EXPARTE GARCIA, A BANKRUPT._

It will be recollected that, on a former day Mr. Ser-
geant ATCHEELEY applied in this case for a writ of habeas
corpus to bring up the body of Abraham Garcia, a pri-
soner in the Fleet, lie having been committed to that prison
by a subdivision Court of the Commissioners of Bank-
ruptcy, on the ground that certain answers given by him to
the Court, when under examination, touching certain cir-
cumstances connected with his bankruptcy, were unsatis-
factory. The prisoner stated in his answers to the Com-
missioners, that he had lost a sum of 4101. while travelling
in an omnibus from Oxford-street to the City, he having
fallen asleep in the omnibus, and his pocket being cut, and
his pocket-book stolen while he was asleep. To several
questions put by the Commissioners, respecting this
transaction, the prisoner returned answers which were
not considered by the Court to be satisfactory, and the pri-
soner was in consequence committed to the Fleet. The
prisoner appeared this morning in this Court upon the writ
of habeas corpus, which had been obtained on a former
day, and
Mr. Sergeant ATCHERLY applied for his discharge from
the custody of the Warden of the Fleet, on the ground
that the answers given by, the bankrupt to the Commis-
sioners ought to have been satisfactory. He would suggest
two objections, on which it appeared to him that the pri-
soner ought to be discharged out of custody. The first
objection was, that the return to the writ of habeas corpus
did not embody the warrant containing the examination of
the bankrupt, and on this ground he submitted that the
return was insufficient, inasmuch as it did not embody the
examination, upon which alone the question of the legality of
the imprisonment depended. He had always understood that
the return to a writ of habeas corpus ought to contain a full
and sufficient. account of all the particulars, which would en-
able the Court to determine whether the prisoner was lawfully
detained or not. But supposing he was wrong in this objec-
tion, and that the defendant might be detained on a return,
which stated merely •' a warrant," without giving the Court
the means of judging of the validity of the warrant, and
supposing the examination to be taken to be before the
Court, then he would submit that the answers given by
the bankrupt were in a judicial point of view full and satis-
factory, and such as did not authorise the Commissioners to
commit.
Mr. Sergeant WILDE appeared for the assignees of the
bankrupt, and said, that with regard to the first objection,
when he heard of the form of his return, it .appeared to
him to be an objection to this applicatime altogether. The
warden of the Fleet was called upon to make a return, in
obedience to a writ from this Court, of the grounds upon
which he detained the prisoner in custody. If the Court
found a good cause of legal custody upon the face
of the warrant, the prisoner must be remanded to the
custody from whence he came. He apprehended, that
there being in this case a good cause of legal de-
tainer, the prisoner must be re-committed. The objec-
tion to the warrant not forming part of the return was not
judicially before the Court. The warrant of the Commis-
sioners had been directed to their own messenger, to the
keeper of Nevrgate, and all whom it might concern, but it
was not directed to the Warden of the Fleet. It appeared
on the face of the warrant, that the Warden did not re-
turn it as the cause of the custody of the prisoner, and
there was no evidence before the Court that the Warden
did detain the prisoner in custody under that warrant, and
he (Mr. Sergeant Wilde) believed he did not.
The LORD CHIEF JUSTICE asked Mr. Sergeant Atcher-
lay whether his object was to hare the prisoner sent back
again ?—( A laugh.)
Mr. Sergeant ATCIERLEY contended that the defendant
was entitled to be discharged quoad, this imprisonment, by
reason of the return to the writ not being sufficient.
The LORD CHIEF JUSTICE—There were not less than
fire or six detainers against him.
Mr. Sergeant ATCHERLEY contended that nevertheless
those other causes of detainer not being before the Court,
the bankrupt ought to be discharged as to this commitment.
Mr. Sergeant WILDE said that the practical effect of
such a course would be, that the moment he was dis-
charged from the custody of the Warden he would be taken
to Newgat e.
The Loin CHIEF JUSTICE—It did not appear that the
bankrupt was in custody on this warrant at all. The
Warden did not state that he detained the prisoner on this
warrant. It appeared to him, therefore, that his Learned
Brother (Mr. Sergeant Atcherley) took his leap before he
came to the stile. When the prisoner was in custody on
the warrant it was time enough to take this objection.
Mr. Sergeant ATCHERLEY would then, with the leave of
the Court, argue the other objection as to the sufficiency
of the prisoner's answers.
The LORD CHIEF JUSTICE said that Mr. Sergeant
Atcherley, by taking his first objection, had placed himself
in a situation in which it was not competent for him to
argue the question upon other grounds. The Court would
certainly not have granted the writ of habeas corpus, if
they had not thought that the prisoner was not detained on
the warrant of the Commissioners. That now appeared
not to be the case, and they must, therefore, remand the
prisoner.
The prisoner was accordingly remanded in the custody
of the Warden of the Fleet.

KENSINGTON SESSIONS.

(THIS DAY.)

A miserable looking woman, named Elizabeth Acheson,
was charged with the crimes of being without a home, and
sleeping in the street.
On being interrogated by the MAGISTRATII, she stated
that her father had been a respectable householder in the
parish of Clerkenwell, for many years. After leaving his
home, she had gone to service with a family at Chelsea,
where she lived for a considerable time ; but she was now
in a state of complete destitution. She had frequently ap-
plied for relief to the overseers of the Clerkenwell work-
house, but they would not take her in, or give hor any re-
lief, unless she was " right down bodily ill ;" and had often
refused her twopence to get a bed.
The MAGISTRATE directed her to apply at the work-
house at Chelsea, within which parish, he thought from her
statement, that she had acquired a settlement. If the over-
seers there refused to relieve her, she must go to Clerken-
well workhouse, and if the overseer there also refused her
relief, she was directed to apply at the nearest Police office.
A respectable looking man, well dressed, but whose outer
man exhibited symptoms of a recent " stern debauch," and
a young lady of a very questionable appearance, were put

....., --.* .

to the bar together, charred with drunkenness and sundry
oth,:r misdemeanours. The wale personage stated be was
a:, cordwainer." He had been dining out, and had
,eer-
tamely a drop too much. lie expressed contrition for the
otnce, and promised to be a good boy in future.
Each prisoner was fined five shillings._