The Sun.
London, England, 1814-08-13 00:00:00

JAW INTELLIGENCE.

COURT o.l' CHANCERY, AUG. le

Er-part' liraywoom 'in the Matter of HoLmEs

'AND Co.

Wini'a Petition, complaining 'of "the misap-
propriation of a snits of 30001. being the proceeds
of• a carpi shipped by the defendants, as mer-
chants at Messina, and consigned to Lemdon;
with directions to pay ()tier the proceeds to Messrs.
Humble and -Hillard, of Liverpool. An attach-
ment had been -issued by Messrs. Swinton and
Holland, of Mdlra, to whom the goOds had been
originally consigned y brit the attachment bad
been discharged, and the money applied to the
estate of Holmes- and Co. The .prayer of the pre-
stew' Petition' was, that the before-mentioned sum
of 3000/. shall be appropriated by Messrs. War-
jug And. Co. assignees of Holmes, to the liquida-
;tiOn of the'elaims of Messrs. Hillard and Humble.
Mr..HART contended, that the order by which
the col)signment of the cargo, and the.subsequent
approfiriati'em of the proceeds, was directed, did
not affect the owner'sdOminion over his property,.
but was necessarly• revokable until the actual
transfer was accomplislmie
The Loan CHANG EbLnlt inquired whether there
were any letters to be
~prOdtteed relative to the
conSignment there .w.;ere:none", they engaged
in examining a case;' the entire merits of which
depended upon the expressions dontainedirtdocu-
Inents that were not fortheombig. The case of
Everitt and Williams Was'fin point, 'as jar as-. the
general principle could be applied, Without a know-
ledge of the particular circumstances: .1n trying
a similar question recently, be knew that lArd,
EllenbOrough had required very strong evidence
in support of the lien. A very small variation,
indeed, in the language used by the bonsignor, ,
would materially affect the case.
Sir SAMUEL ROMiLLY, then, on behalf of the
petitioner, agreed to take till Tuesday to consider
of the possibility of producing
.copies of the letter.
of consignment.

.r;
HOLINGSWORTH, in the matter of COURDRINIER.
This was an application to compel the assignees
of Fourdrinier and Co. to surrender all Claim to
certain securities purchased by the petitioner, and
to pay the costs of the application.
Mr. HART stated, that his Lordship bad or-
dered the sale of these securilies as part of the
bankrupt's effects. ,Amongst them was a suns of
7,3001. upon which an
,onnuity, of 6001. was pay-
able by a Mr. O'Sullivan. Tlii.. annuity, on be-
ing exposed to sale, was purcliaked by the peti-
•tioner for 1201. The assignee, gr. Abbot, bad
since refused to deliver the securities, and tad in
So doing obstructed the execution of his Lord-
ship's order.'
Sir S. ROMSLLY conceived, that the Assignees
bad acted with great prudence in submitting this
question to the Court, previous to their surrender-
ing the securities for so trifling and inadequate a
Consideration. ft was stated In the affidavit of.
Mr. Walter, solicitor to the assignees, that an
agreement had been entered into between Mr.
Hollingsworth and Mr. O'Sullivan, that the sum
of 3001. a-year should be received by the former,
in full discharge of the obligations of the securi-
ties, and this was a circuinstauce which had not
been ;communicated to the Commissioners pre=
iqous to their award. . _ _

The CHANCELLOR felt, then;- that lie could not
go to confirm a bargain, the real nature of which
was so questionable.
Mr. HART said, if any such understanding bad
,'taken place between the petitioner and O'SulliVan,
it must be for 3001. a.-year on paper, and not in.
money. The assignee ought at
:least to have peti-
tioned for a re-sale. There would then be an
apptirttinity of fairly hearing these allegations ;
and he should be quite satisfied to, abide by That
'question, with the assurance that Mr. Hollings-
-I.vorth should be secured, either in his purchase or
in the sum of 1202. free of the costs of these ap-
plications. •
The CHANCELLOR concurred with Mr. HART,
and lbsed Tuesday for the further consideration of
the case: • .

•
IN THE COURT FOR RELIEF OF INSOLVENT
DEBTORS, AUG. 12.
1K Tllg MATTER OF FELIX LIESARIO

O'HANLON.

Mr. PRINCE SMITH stated, that he opposed the
'prisoner's discharge, on behalf of several persons
whom he had defrauded by the most specious and
deceitful contavances. He did not expect his
clients would gain any pecuniary advantage by
keeping the defendant, who was a complete beg-
gar, in prison, but their object was upo►i public
grounds, to check the further career of a tuau who
seemed born to deceive, and who lived only to
obtain a precarious support from the credulity of
othersl who had shewn that he had no feeling
for young or old; fathers or daughters, but sought
only to pillage the Public, and shock every feel-
ing of our nature. lie then detailed the circum-
stances of the case, which were as follows

Tit February 1814, a Mr. 1I- , a private
Gentleman, of the county of Surrey, was with his
daughter at Bath, and travelled to London in a
post-chaise. The defendant, who represented
himself as just arrived from .Passages, ‘vhere he
bad made a large fortune, joined them, and bore
part of the expences. Oil the road he conducted
himself with great propriety, paving for every
thing regularly, and talking very largely of his
great connection, particularly with Harry Clif-
ford, the son of Lord Clifford, and with Lord
Wellington and others. The party:. slept tit
bill, and arrived in town the next
,day:- But,
shortly after, the defendant pretended that his
portmanteau, which contained 60,0001. in Spanish
bills, was left at Botham's at Saltliill, and he
mediately ordered a post-chaise and four, andre-
turned there, and came back to IlatAett's before
Mr. H-- had quitted. Upon parting, the
latter Gentkman invited hint to his house,
and the defendant, pretending that ha had. but a
few days to stay in London, said he would come
soon. On Sunday, after dinner, he arrived in a
hired-carriage, and stayed thesniglit. During the
cvening he made pnyosals 'of marriage to the
daughter, Miss 14,liza Genrkiana H. and offered to
settle 2.0,0001. on her immediately. The father
was induced
.by his address to overlook the preina-

tore nature of the offer, and.the Lidy WAS mar-
ried to him on , the 28th of February, 4814, he
previonslysexecuted a deed, by which he
covenanted to pay 20,000/. two 'years to the
Honourable H. Clifford .and the father, as trustees.
Mr, H. Clifford was expected to be at the wed-
ding, but did not arrive, and bride-cake was sett
to several persons of rank by .the defendant's di-
rection. To carry on the fraud, he purchased on
credit dresses to the value of 2491. of a milliner
in Tavistock-street ; and at a linen-warehouse
in the Strand he took uP.OOI. worth of goods,
gave a check on Coutts and Co. for 100/. receiving
10/. in exchange. Finding, however, said the
Counsel,. that he should be soon detected, and
birds or prey being, always birds of
.quick.fiight,,
he found it necessary to move about. lie there-
:fore pretended that it was necessary for to go to
the great manufacturing towns of Birmingham
and Manchester, to make contracts for,the Bri-
tish and Spanish army, he.heidg a CQmniissary ;
and as the young Lady's fattier could not accoin-
pany them, her uncle, Itrother, and sister went
with them, first to Cheltenham and then to Bir-
mingham, at which latter place they stayed five
_days.; Here Mr. O'llaidon, in his assumed cha-
racter of the rich Cominis:;ary, made contracts; and
bought samples to a large amount. He intro-
(laced himself to every great dealer in the town,
and was so well received, that they proposed a depu-
tation to, wait on him with public thanks, for the
benefits conferred
,by him on the manufacturing
community. - Ile visited a large house, aod offer-
ed 12,0001. for the hou4e; furniture, and wines,
and contrived to borrow 90/. of the landlord at the
hotel. After staying five days, he offered to pay
the bill with a cheek upon Coitus and Co. but
this was refused, till the Lady's uncle, %rho was
known at Birmingham, indorsed it.—During the
absence of the party, the Lady's father received an
anonymous letter from Ireland, stating, that the
defendant :was a swindler from Newry, in the
county! f Down, and that he had four wives in
Spain land America. Upon further inquiries
this. was coOtirmed, except as to the other
wives ; and Lord. Clifford, upon being applied
to, said he knew of no such man, and that his
son, the Flonouiable Mr. Hugh Clifford, came
over with him in the packet/ lately from Passages,
but parted wit* 'him at''Falmouth. The defend-
ant, however, edited at Ugbrook Park, 'to bring
him a silk handkerchief which he had Left at the
inn, after taking some slight refreshment was suf-
fered to depart. On the return of the party from
Birmingham, the defendant was arrested the 4th
of March, 1514, by the person to,Whoin he had
given the_loo/. check on Coutts and The other
draft was also unpaid, and the uncle of the de-
fendant's unhappy wife was obliged to pay it, and
now appeared against him.
This GentLmac was now called as a witness,
and with the young Lady's brother confirmed the
whole of .the above statement, giving also innu-
merable instances of his frauds and boasting. It
appeared, that so far front having any real funds,
he had borrowed 601. of his father-in-law, f3O/, of
the uncle, 251. of a friend of that Gentleman, and
various sums of other persons, and among the
rest 161. of Air. Botham, of Saithill, pretending
that he bad only Spanish bills. The Nephew.
stated, that in a conversation with the defendant
just before the arrest, he asked him what .be
meant, whether he did nOt suppose he deserved
to be hung ? to which the young Gentleman re-.
plied, •No—but he hoped such a scoundrel would
be transported fur seven years.
The defendant appeared perfectly tranqUil dur-
ing the whole of the inquiry ; and upon being
questioned as to the gross misrepresentations lie
had given of hirnself, said he .vas-,born at Newry.
and baptized Felix O'Haulon, but that General
O'Reilly, the General in, Chief of the Spanish
forces, was his great, uncle by the mother's side,
and upon going to Spain, he was induced by him
to be confirmed, and' took the other names of
.Citsar O'Neil. . On being questioned where
he was confirmed, lie could not recollect,
it was thirty years ago, • but lie said he
_was
confirmed by the Bishop of Saragossa ; he had
held. a commission of. , Lieutenant in the 89th
British 'Regiment at Toulon, and had been a
Lieutenant-Colonel by Brevet in the Spanish
forces, but had chiefly served as-a. 'volunteer, to
which he was recommended by Colonel Suther-
land, with whom he sailed to Toulon. He went
from Ireland. after the death of his first wife to
America, and thence to Spain, in order to get
some contracts for the army, bat had no means.'
On being. questioned what he had done with' a
ring which was given him by the family, he said
he had pledged it with a man *hone he did not
know, for money to procure his discharge. -
The prisoner was, ordered to be brought up
again on the 2d of September next, .when other
parties may appear against him: He seemed a
man of consummate address and great command
of countenance ; he said he was between 50 and
60 years of age, and would the next time refer the
Court to a Gentleman, who should give a full ac-
count of him., but he did not like to state that
Gentleman's name without his authority.

The Sydney Gazette of the 23d of October last
contains an-account of the massacre of 14 persons
belonging to the *hip Hunter, by a great body of
savages belonging to one of the Feikelslands
called Highlya, in the beginning of Septet-fiber
last, near which place the ship's company lead
been collecting sandal wood. 4 dispute bad pre.-
vionsly existed between .ohr people and the sa-'
vages, who in great numbers attacked a: party
from the ship who had been on shore, when four-
teen were killed, and their bodies were afterwards
devoured. Three only escaped; by getting upon a
bill, and defending themselves with their muskets.
PEDESTRIAN.- -A coachman named KEMIILE, of
Armathwaite Castle, undertook, on the 26th tilt.
to run froth the Castle gate to the- George Inn,
Penrith, a. distance of., eleven miles, .chiefly up-
hill road, in an hour and three-quarters, which
he performed with great case in less than an hour
and a half. Several footmen, who had taken a
considerable start of him, attempted to accom-
pany him as he came up, but without success ;
and of live horsemen; who mounted on the occa-
sion, two Only went in with him. Otte glass of
wine was the. only refreshment he .took, and so
e
little was he exhausted,, that he performed. the
last mile in four miuntes and a half.

JEt5 D'ESPRI'r.
(Frelizlhe Nottinkhant Gcpette.)

SUblitti DEATI-I.—lt is this day our melancholy
duty to announce the sudden death, yesterday
morning, of that celebrated Patriot, •Satnuel.El-.
-fervesccnce, of the Folly, in the county of Bed-
ford. This lamentable event is'said to have been
occasioned by his 'having lately made much too
free with conic real Brunswick spruce, in which
he caught a tartar.—St., Giles's Sunday Review,
.July 31.

This .district,was yesterday plunged into an
aby of grief and misery, by the arrival in town
of intelligence the most melancholy in its nature,
and most distressing. to the hearts of all true Ja-
cobins, faithful Burtlettites, and Gtaunclt Luddites.
It was no less- than 'an account of the death of
that pure Patriot, enlightened Statesman, and im-
maculate Philanthropist, Sainnel EtferveScence, of
-the Folly, •in the county of Bedford. 'Having al);
served in some contemporary. prints -erroneous
accounts of• the immediate 'cause' of this heart-
rending ex.;,.nt, we think it right to give our
readers an accurate statement of the ciretun-
stances which bare thus 'deprived the British Mob
of one of their most zealous and active fomenters :

It is well known, that in conjunction with many
other Illuminati, lie had been employed in endea-
vouring to discover, by political -combinations, an
infallible mode of producing at pleasure that va-
luable article-for the use of demagogties—popular
ferment. At the moment when repeated disap-
pointment had disheartened the greater.number
of our philo-mobbers, the indefatigable Samuel
seized upon an idea started by the disinterested
Arch Cock of John's Town, who being called away
from England by. urgent family. busineas, was
compelled to discontinue his arduous-and disin,
teresteil labours for the public• weal. By a
powerful application of the most delicate Bruns-
wick spirits, in combination with a due mixture
of unbridled juvenile passion,
.he succeeded in
extracting from a deposition of Taurus Johannis
a quantity of aunum portabile, which, by a judici-
ous application, was considered amply sufficient
to keep up or prodUce at pleasure any required
degree of the fermenium populorum ; unfortu-
nately, after having obtained. this valuable mate-
• dal, the recipient became unmanageable, and burst
the ligaments by which the patriot Samuel endea-
voured to restrain it ; by this unlucky event its
contents became exportable as foreign gold, and
the labours of Sam and all his brethren were ren-
dered abortive. The disappointment operated so
strongly upon the pure mind of the philOsophiCal
patriot,' that he sickened, deSerted his- favourite
spot at St. Stephen's, took to his bed,- and in a
few hours bade adieu
,to the dregs and froth of
thiS world. Upon this melancholy occasion the
Imperial Court of Elba,. the Thirty ThOusandr the
American Executive, and all the respective corps
of mal-contents, discontent's, non-contents, &c.
will,go into mourning. His Royal Highness of
Sussex will attend the funeral as chief-monrner.
The pall-bearers are to be Sir Francis Burdett,
Lord Cochiane,'Col. Wardle, Major Cartwright,
Peter Finnerty; Esq. William Cobbett, Esq. De.
Dromgoole, and Roger O'Connor; Esq.—West,
minster Chronicle, July 31.