The Sun.
London, England, 1841-08-11 00:00:00

LAW INTELLIGENCE.
ROLLS' COURT, Aug. 10.
HOPE V. HOPE.

This case came before the Court last week on a mo-

tion for liberty to examine upon interrogatories de bone
esse, the Viscountess Beresford and a gentleman of the
name of Bram Hertz, respecting the contents-of a cabi-
net of jewels, minerals, &c., belonging to the late Mr.
Hope, and which was valued at 100,000/. The object of
the examination was to ascertain the identity of the
pearls in question, which Mr. Bram Hertz had cata-
logued for the late Mr. Hope, and whether a deed exe-
cuted by him on the 9th of April, 1838, Was a gift of
the pearls in question to the plaintiff.
Mr. Tinney appeared in support of the motion, and
Mr. Pemberton opposed.
Considerable discussion took place to-day as to the
manner in which Mr. Bram Hertz's examination was
to be taken. The casket was at present deposited in the
Bank of England.
His LORDSHIP said that, with the view of making the
examination of this gentleman as satisfactory as possi-
ble to both parties, he would consider the order he should
make.

His LORDSIIIP intimated, at the 'rising, that be should
sit in his private room on Thursday and Friday, to hear
crrtain matters which were fixed for this day.

COURT OF BANKRUPTCY.—Aug. 10.
(Before sir C. WILLIAMS.)
IN THE MATTER OF ANTHONY LEE.
This day having. been appointed for receiving proofs
under the fiat against the bankrupt, who carried on bu-
siness as a banker at Guilford, in the county of Surrey,
sum of 17,242/. Bs. 10d. was proved on behalf of
Mr. John Sparkes of Gosden, also in Surrey, subject to
a revision and examination of the accounts.•
(Before Mr. Commissioner HomicrxD.)
IN THE MATTER OF RICHARD B. CULLYER.
The bankrupt appeared in Court to pass his final exa-
mination. He was described as a currier residing in
Clifton-street, Finsbury, and late of Norwich. His
liabilities were stated to be 9941., and the available assets
to consist of a freehold property in Norwich, which
would realise by sale about 9001.
After a short examination quite destitute of general
interest, the Learned CommrssrosEa adjudged the bank-
rupt to be entitled to pass.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Croydon, August 10.
CROWN COUR.2.—(Before Mr. Sergeant TADDY.)
The Grand Jury having been sworn, and 11. Kern-
ble, Esq., M.P., having been appointed foreman,
Mr. Sergeant TARDY addressed them and said, after
referring to some of the cases in the Calender, that by
successive alterations that had been made in the law.
very few crimes now subjected the parties convicted to
capital punishment, and the Judges were therefore to a
great extent relieved from the most painful part of their
duty, the sentencing a fellow-creature to death. He
hoped that this ameliorated state of the law would be
fotrid et wally efficacious for the 'protection of life and
property, and though it was no part of his duty to dis-
cuss that subject, yet he must observe that in proportion
to the ameliorations in the law Should be the firmness of
Juries and all engaged in its administration. He must
say, that hitherto the alterations that had been made
had worked most satisfactorily, and he had no doubt
that the public would continue to derive advantages
from the charges that had been made.
The cases proceeded with were, for the most part, unim-
portant and consisted, in the Crown Court, of 1. J. Nicholls,
aged 69, for stealing a piece of bacon. An attempt was
made to prove insanity, but the Judge considered him
sufficiently sane to know right.from wrong. He was
adjudged guilty, and his sentence is to be considered.-
2. James Sayers, 24, Joseph Ripley, 30, and David Fri-
day, 22, indicted for the manslaughter of William
Lucas.. The deceased had, in a quarrel, fought with
Sayers, who gave him a blow in the stomach, which the
surgeon believed produced apoplexy and death. The
Jury acquitted them.-3. On the Civil Side appeared a
case before Lord Justice Tindal, of Vincent v. Martin,
being an action upon a promissory note for 1271. ls. Bd.,
given by the defendant to Messrs. Fisher and Jackson,
and by them endorsed to the plaintiff under special cir-
cumstances. Aecounts entoring largely into the matter,
it was referrcd.-4. Tewan v. Butt. The defendant en-
deavoured to resist the plaintiff's bill of 701. 17s. Bd., for
medical attendance. Under the circumstances of the
case damages were round for the plaintiff, 50/.

MIDLAND. ClRCUlT.—Warwick, Aug. 9.
(Before Mr. Baron GURNEY.)
Wm. Ewington was indicted for wilful perjury, com-
mitted before Charles Malpas, Esq.,- and others, Commis-
sioners of Bankruptcy, at Leamington, in September,
1838.
Mr. Balguy and Mr. Humfrey were counsel for the
prosecution ; Mr. Hill and Mr. Daniel were for the de-
fence.
This case excited some attention and curiosity. It ap-
peared that the defendant is an attorney, and that he came
to practice at Leamington and Warwick seven or eight
years battik, living in Leamington with his wife and chil-
dren, who were much respected. In 1838, Ambrose Ri-
chards, a person carrying on business in Leamington, was
much presrd by his creditors, some of whom had had
..mortgages oil* his property. He consulted the defendant,
and was advised by hisn to took among his creditors, and
see if there was not some one of them kindly disposed '
towards him to make him o; bankrupt, which the defend-
' ant told him was the easiest way to get out of his diffi-
culties. Richards did not owe lON. to any creditor,
except the mortgagees, who were not pressing, as they
were content with their securities. Upon further con-
sultation with the defendant, a plan was suggested by
him, and, in pursuance thereof; a debt of about 371. due
.to a creditor, was increased in Richards' books to a sum
sufficient to constitute a petitioning creditor's debt ; and
a deed of mortgage was executed by Richards to this
creditor. The deed was prepared by the defendant, who
got 171. for his services, and it was anti-dated to an-
swer the object in view ; for though really executed
in September, it purported to have been executed on
the 4th of July, so that full two months elapsed between
the date of the deed and the issuing of the fiat in
bankruptcy. It was' further necessary to find cre-
ditors' assignees kindly disposed, and, with that view,
small debts due to one or two persons were increased in
Richards' bdoks, to give them a claim to be appointed.
The scheme thus concocted by the defendant succeeded
so far as to have the fiat obtained, but in the execution
of it before the Commissioners, suspicions were excited
in respect of the deed. The defendant swore to the
due execution of it on the day of its date. The bank-
rupt being afterwards alarmed at the consequences,
confessed the whole scheme. Bills of indictment were
preferred against the defendant at the following Quar-
ter Sessions at Warwick, one for the perjury and
another for conspiracy with the bankrupt to defraud
the creditors of the latter. Both bills were found,
whereupon the defendant absconded, and then he was
declared a bankrupt himself; and another was afterwards
found against him for not surrendering to the Commis-
sioned under the fiat. It appeared that the defendant
was living and practising his profession at Ipswich ever
since 1838.
The main facts, as above stated, having been proved by
Ambrose Richards and other witnesses,
• The Counsel for the defendant took several objections on
his behalf. Their principal objection was, that the swearing
by the defendant to the execution of the deed, dated the
4th July, was not perjury in a legal sense; for as there was
not, in fact, a good petitioning creditor's debt the fiat was
invalid, and, therefore, all the proceedings of the Com-
missioners under ,it were void and of no effect. And
again, the date of the execution of that deed, whether
true or false, was not material, for even if the date were
correct in part it would not avail, as the debt pretended
to be secured by it did not exist.
There were several other objections, and the Learned
Judge reserved them all for further discussion in the Court
of Queen's Bench.
The Jury found a verdict of Guilty against the pri-
soner, but judgment was postponed. The other indict-
ments were not proceeded with.
The business of these assizes and of this circuit ter-
minated to -day. •

POLICE INTELLIGENCE.
MANSION-HOUSE.

Yesterday the charge made by Captain Robarts of the
Spanish Legion, upon the part of Scott, one of the pri-
vates who served in Spain, against Alexander Somer-
ville, for having received and appropriated the instal-
ments of Scott's pay, was proceeded with before Sir
Peter Laurie.

It is necessary to state, that on Saturday the parties
all attended at the Mansion-house,
.when several state-
ments and admissions were made,
.of which the follow-
ing is a brief but compreben4ive analysis.
Somerville said that a Violent attack had been made
upon him in many of the Nevvspapers, under the head of
" Mansion-house," stating amongst other things that he
had absconded. Now he not only was to be found in
London, but he had made himself as public as possible,
and he sought for opportunities of answering any charges
that anybody might think proper to bring against him.
Sir PETER LAURIE observed, that if a representation
had not been made to him that the defendant had left
the country, he certainly would not have listened to the
accusation without having afforded the opportunity of
refutation. • The defendant, however, could take the op-
portunity of answering the charges, as they had been
reported in the press correctly.
Somerville then stated that a great number of cer-
tificates of soldiers to whom pay was due by
the Spanish Government, .had been put into his
hands in the hope that he should recover the instal-
ments, and he believed that Scott's was amongst the
number ; but the disappointments and deceptions to
which he had been subjected by parties whom it would
be improper for him to name under existing circum-
stances, prevented him from rendering the services con-
templated by him, but nevertheless did not interfere
with his general wish or power to act greatly to the ad-
vantage of the parties to whom he acted as.agent. The
delay in the payment of the money clue on the certifi-
cates was occasioned, amongst other causes, by the fact
that numbers of duplicates of certificates and of actual
forgeries had made their appearance.
Captain Roberts said that there were many cases in
whieh it was asserted, upon indisputable authority, that
the defendant had appropriated the instalments on the
certificates, to the dreadful injury of the poor men ; but
he applied himself to the case of Scott, which was com-
pletely tangible in every respect, and in which a forgery,
was committed evidently with the knowledge of the de-
fendant, who pocketed the advantages arising from the
perpetration of that offence. Scott swore that he never
signed the certificate, which however appeared to be
signed in his name, without which signature not a far-
thing could be received, and the defendant most posi-
tively received the amount as appeared from documents
in the hands of M. Castenada, the agent for the Spanish
overnment.

.Sir P. LAURE —Somerville, how did it happen that
the signature of Scott was to that document ? Somer-
ville—l can assure you that I never put his name to it.

Sir P. LAURIE—But you negotiated the business ? ,
Somerville—Yes. It was stated to me that Scott could
not write at all by a party who applied to me on his be-
half, and I acted for him.

Sir P. LAURIE—Then you admit that you received
the instalments alluded to in the certificate ? Somer-
ville—Why, I dare say I did. I was engaged for a
vast number, and I have no doubt he was one. _ _

Scott here declared most solemnly that he never signed
the certificate nor authorised any one to sign it ; that
notwithstanding the defendant's assurance that he
was always to be found, he (Scott) was informed,
upon all the enquiries made, which were innumerable,
and amongst the acquaintance of the defendant, that the
only account that could be given was that the defendant
was gone to America; or some other place distant from
these realms. He likewise mentioned that the distress
which the kindness of Captain Roberts sought to alle-
viate affected him severely, cripple as he was for life,
and without the means of bread, after the excessive la-
bours of the campaign.
Sir PETER LAURlE—Somerville will, I have no doubt,
pay you what he received, and return you your certifi-
cate, by means of which you can receive your future pay.
Scott said that was all he wanted. Somerville's stat(!-
ment as to the duplicates of the certificates had nothing
to do with his case, or with the cases of a great number
of others.

Captain Roberts said that his object was to secure the
poor disabled man ; and if the defendant would consent
to pay the money received, and give up the certificate,
the case should terminate.

Somerville then said that Scott, who certainly was a
wrongrd man, should on Monday be paid the full amount
of the instalments received, and his certificate should be
restored to him, and the parties left the Justico-room.

Yesterday Sir PETER LAURIE, upon taking the chair,
mentioned that he had received *a letter from Somerville,
refusing to act as he had promised in the case of Scott,
and calling for instant proceedings in a Criminal Court,
where he would, for the edification of the public, explode
a mine, though he should perish in the explosion. His
chief reason for retracting his promise was, that if he
performed it, the imputation of having intended to de-
fraud would still attach to him. He (Sir Peter Laurie)
was determined not to be imposed on by such a subt,r-
fuge, and he should therefore immediately send for the
defendant.

Somerville, Captain Roberts, and Scott having ac-
cordingly made their appearance,
Sir PETER LAURIE called upon the defendant to hand
over to Scott that individual's money and certificate.
Somerville said that if he did so it would be argued
that be paid the money to get rid of a prosecution ; and
from what appeared in the newspapers it would appear
that he deserved to be, transported for life, whereas he
could prove, that whatever injury he might have done
in any particular case, he had accomph.ihed a great
deal of good for the general cause of the British
Auxiliary Legion.
Captain Roberts—Then, Sir: Peter, I am ready to go
into the charge of forgery in the case of the endorse-
ment of Scott, by which forgery the defendant became
possessed of the money. I have here a list of thirty
other persons who complain that he has received their
certificates and money. It is handed to me by M. Can-
tenada, the agent for the Spanish Government.
Sir PETER LAURIE said it was impossible for him to
enter into the charge of forgery without having all the
necessary witnesses. Did the defendant mean to say
that he did not intend to keep to the agreement ?
Somerville here hesitated, and stated that the day he
had promised to return the money and certificates was
that day (Tuesday), at a more advanced hour.
Scott—l wish to know whether you will give me up
my certificates, and the money you received on them,—
yes or no ?
Somerville Well, I will do that ; but I have
neither certificates nor money here. I believe you
to be a wronged man. I shall settle with you, but it
is upon condition that Capt. Roberts will proceed againt
me in any case he thinks proper to select.
Sir P. LAURIE—The very worst thing I have, heard
from the defendant is, that I might take this case, in
which he is perfectly aware there are so many difficul-
ties, to the Old Bailey.
Capt. Roberts—M. Casten:l(la would be here to pro-
duce Scott's certificate, indorsed " James Scott ;" Wit-
ness, Alexander Somerville, if he were not busily em-
ployed in paying off the instalments. I can produce him
and ether witnesses on a future day.
Somerville—lf I were to make aby defence to that
charge, I should expose many other persoAs, whom it
Would not be prudent to expose yet, but who certainly
shall not escape.
Sir P. LAURIE—WiII you settle the business now ?
Somerville—By and by I will. He shall have certificate
and money. I repeat that my defence implicates others,
and amongst them are stock-brokers and people who
have jobbed in them, the certificates of the unfortunate
claimants, to whom I have always acted as a friend.
Sir P. LAURIE—Very well. By this day week I shall
expect that this poor man's certificate and money are
given up to him. If such should not prove to be the case,
Capt. Roberts, you can bring this subject before me in a
different shape.