The Sun.
London, England, 1809-11-22 00:00:00

Mr.. John Hibbert to..find sureties
.to preserve the
peace-tqwarcis his biUlfivr..:.-

COVENT-GARDEN TI:EATRE.

The ATTORNEY GENERAL said, that one of the
affidavits, on which he had,moVed tor leaye rofil a
criminal in;ormaiioa: against certain perfions torriot-.
onS condut, fit: Covent .(;ar4n Theatre, hapßeoed
not to have been sworn yesterday, it was sworn dais
morning;, he, therefore, hoped the Court would let
him have:. the rule be dravial up as if the. motion was
made this day.
Lord ELLENBOROU6II.—'
1/4
up as of th)s day."

-" Let the Rule be drawn

COURT OF CHANCERY, Nov. 18.

Sir S.kmuECßOmutx applied to the Court: fin
behalf of Mr.- Peter Firmin, a nankrupt,..to super-
sede • he eommissirin issued against him. This
cause came on so late in. the day, that the Court
found it necessary to pOstpone hearing the Counsel
of Defendants until .Monday ;we are of course
under the'neeessity of stabil-fitting the following ex-
parte sritements.

Sir SAMUEL Wommr.Y.ObServed, that the circum-
stances under which this commission was issued, and
which he wa's about to detail; were Of a most ship-
lar patine. It appeared, by the.petition.in
.his haA,
that MI% Firmin resided at the
.11,T,okervi.near Cole
elieSter, -and was a re3pettable at‘orney, and.a` man
of property ; that he \had the misfortane to labour
mider•aolownes! of spirits, at certain st.asons•of
Vetr, during which he used to 'imagine himself on-
ar,le todisC aige his debts';: it appeared, that ti.g,en.-
fh..man Of the name of, Moore was indebted -to him
in the sum of 10,000?. ituitigh well secured,
occosione.! him at C•ose intervals great Uneasines;
and-lhe petitioner was accustomed, Upon 1::ose ocea-
Svlos, to coosaft,-.-ith Mr.W
Etti relaiiou. for advi,. e. gr. \Voottgide, ‘A•;(? per-
fealy understood the nature Of disorder,, useilL to
retitle-r of him to keep up spitits, a, lie pnly
necessary to the sllct-:c,s of his athirs. it'Lthe
year t:le petitioner was att,,cked-with
lady, and Mr. Wontleate, for tile putpose of easing
his mind, drew .up an aCeoiint circutristalices,
from whk:h it
,ar,eared, that he was poc,sted of
400th. ato:r paying all his d,•!1-„ii:(-1 1,7001
Subsequent to. tins, M: I\roo.hkae emir:tie],
Master, (the Petitioner's broth, -ta‘, !,lar the
best. way to act ss it li respect to Mr. F•r0:,,•,,,
be to get an ,art of baw, •)i,ev
.alter': that it would be nr-c,,,,:ny ,o .-. fat
'lawyer to condud- it. ..fers•were
-again estimated, and it apKaaert •;.:4
to 32,000. an:: prop,: t- 6o.o00).. . Coke
rernore•t;-ated again 4 the laar, . an
end to i to, the pt4.,eht. this, a‘: d-stioe
'correspondence Wo, q.gate,
:and Colope: Master .upon , hich coded
iii ttte commiss on now eA:optdioed of. Icon,
di-
ately.on the ba„krt,pcv nlace; Mr. W,o;,“1-,
wro,e to -Sir Rush, that ,Mr.
Fit mini:. name to appear in the or t a
circumstance which I.• supposed w0,.1,1 sex hirn,: as
some money had, been of Lite improperly obtained'
ft oat This money was a stun of 500(01.-which
Sir Wiirilet ilusit had giv,u him to pay otTa. mort-
pge, and which he supposed would beimprciperly
applied,- as it was taken under a knowledge of ap7
preaching insolvency.. . He (Sir &linnet .Rotnilly)
wasaware,that an attempt would be made to prove
the bankruptcy Mr. Firtniti's own at, from the tad
of his h:tvin, s-!bmitted to it ; bin there was his own
al-Ed tuns to prove,' that it was not his a6t ; (hat; on
the cont.,ary, be had protested against' it; and e 4847:
tulakd to the the utmost of his power. There weie
also letiers bNt,vtdn Mr. WoOdgate and Co!onel
Masier,which proved it to be a transaction, to which•
he was not a party ; it was therefore to be consiAered
whether this was not the commission of Woodgate.
and Master ? He did not Wish to ascribe motives to
'
those gentlemen, unworthy of 'titers
e; on. die cOn-
trary, he wished to believe that they were aduated
by good intention towards the petitioner;' but cer-
tainly if so, they had fallen into a most unfortunate
mistake. -How they could have considered such a
measure advantageous to him or his,family, it was'
impossible to guess..—The act of bankruptcy, which
they made out against him, was a short absence from
his house wtile on a Visit with a Mr. Skely, at-ela-
tion of hiS. Upon "the whole, the circumstances'
were such, that-he trusted there a ould noditli-
cultv in granting the prayer,of the petition.
Mr. WETHERALL.I(tIpOII the same side) observed,
that it was WA necessary to attributevotive.s,„in -or-
der. to do away the commission' of bankruptcy.—
Whether the pefendants were of opinion, that it
woi)..id be serviceable to. Mr. Eirmin or not, if it was
not his own ad, he would be relieved front the,con-
sequences. Some Gentlemen Law Stationers were
petitioning creditors; but; if they were not ignoraOt
of Ids insolvency, at the time of their application, he
ri4sted that they- would not be sanctioned in involv-
ing him in ruin. The grounds of this case he consi-
dered so extremely -prominent, as to preclude the
necessity- of a Minute discussion.

Mr. MONTAGUE (upon the same side) apologised
for taking up the time of the Court, especially alter
the able statement which Sir Samuel had
made ; but the. question was of such a kind, and the
result so'important to the future peace, perhaps to
the lite of his. client, that ha Would .chihn their in-
dulgence in the, present i:itance. He • contended
that • Mr. Firriiin was a profeSsional gentleman of
property, at the time the ad of bankiuptcy was is-
sued ; and that he was so, to the knowledge both of
Mr. Woodgate and Colonel Master.. The Learned
went
Gentleman through all the circumstances of
the case, with great minuteness ; he produced affi-
davits, not only attesting that Mr. Woodgate advised,
and planned the bankruptcy 5, but that he threaten-
ed, in case Mr. Firmin should resume business
again, to cry down his credit. In the answer given
•to this, it was allowed, that. he might have remon-
strated against his resuming business ; but denied
that he bad ever threatened to cry down his credit.
The bankruptcy was the ad of Mr. WoOdgate and
Colonel Master. Mr. Firmin • had nothing to do
with it, nor his friends. Mr. Coke, so tar from
agreeing, Offered a sum of four thousand pounds to
keep it oft, possible ; the answer given by Mr.
Firmin to this was curious ; he said that
.no- such
eller had- been made to him ; he_supposed it. ,was
made to Mr. Woodgate, who took care to conceal
it.. He /was himself willing to execute, a deed of

:HARD HARRIS, of No, 4, Martlett-coutt, )3ow-street ; art,
CE., No. 112, Strand; where ilcivertisernents, Ordcrs