The Sun.
London, England, 1841-07-24 00:00:00

or the firm were very accurately kept, but that fact acts two
ways, for although it might be said to be in favour of the bank-
rupts' conduct of their business, it could not but be evident
that they must have known the situation they were in at. the
different periods at which they made such 'a ho!esale spoliation
of their customers' property.
The elder bankrupt in continuation swore, that although his
expenses were larger some years than others he had endea-
voured, when he found what was the state of his affairs, to de-
crease his expenditure. All the stock and moneys sold out
were for the gener4 purposes of their business. In the in-
stance where they misappropriated Mr. Burnie's 0,1691. it
went, as all others did, for the general purposes of business, to
pay the current demands of the day.
Sir C. F. WILLIAMS was sorry to see the bankrupt, a 'man
of years as he was, so coolly speak of misappropriations like
these, and say they were made for the general purposes of
business. It was in fact robbing Peter to pay Paul ; it was
robbing one family to pay what another family had lost ; and it
appeared to him that all moral feeling must be lost when a party
like the bankrupt, who had held such a respectable position in
life, committed such enormities as those now disclosed.
The bankrupt was understood to say that up to the hour of
his failure he maintained an unblemished reputation at the
Stock-Exchange.
Sir C. F. WILLIAms—But it was not then known that you
had applied 75,0001. of other people's money to the wants of
business.
The elder bankrupt was further examined as to his ex-
penses. In reply to a question from )Mr. Stone, he said that
the average profits of the concern might be 3,000/., and they
might have doubled their " drawings " (i. e.. what they took
from the concern). Their books were regularly kept, which
would show this.
Sir C. F. WILLIAMS—And that makes it the more in-
famous, for you must have been aware that it did not answer.
However, I would rather have the books you have presented
than the fallacious averages that are often made in bankrupt es-
tates of the profits and expenses, if they do speak against you.
Mr. Coates said he wished to examine the younger bankrupt.
He appeared for Mr. Partridge, who was a heavy sufferer by
the bankruptcy.
Sir C. F. WILLIAMS assented. He would, however, com-
municate the reply of the official assignee to a question he had
put to him, which had considerable bearing on the matter at
issue. He had asked that gentleman whether, from the insight
he had had into the books of the bankrupts and their general
affairs, he had any reason to suppc.se they had made a purse for
themselves. The answer was in. the negative.
The Official Assignee said, he certainly believed they had not.
Mr. STONE—As that is the case, and as that was what my
examination was principally directed to, I shall not now press it
further.

Sir C. F. WILLIAMS (to the elder bankrupt)—With respect
to the transactions that pased between you aid Mrs. Potter
through her son-in-law, do you mean to swear that she never
addressed you by letter, or note, or any written instrument upon
those affairs ? The Bankrupt—Yes, I do, distinctly.
Sir C. F. Witala Ms—What. not in the whole course of
communication, not a note ? The Bankrupt—Most certainly not.
Sir C. F. WILLIAms said he was induced to put the question
thus strongly because he thought it so sirigular that no letter
or note had been passed. It was very fortunate for the bank-
rupt that no letter had passed, for it only required writing to
bring it within Sir Thomas Plumer's Act, and then he would
have sto )cl in a very perilous position.
The younger bankrupt was then sworn, and answered ques-
tions put by Mr. Coates, but which, as they had no specific
view, were discontinued.
Sir C. F. WILLIAMS thought it his duty to make some re-
marks upon this case,:which he charaterised as one of the most
flagrant he had ever heard of. Here were two persons moving
in a highly respectable sphere of life, whose associates. whose
habits, and whose connexions ought to have been sufficient to

deter them from pursuing the course of conduct they had, and
who, invested as they were with great and unbounded confi-
dence, had, in betraying their trust, sacrificed the fortunes of
their relatives, their friends, and their customers. The elder
bankrupt had had a very narrow escape in the case of Mrs.
Potter, who, ifshe had but written one note, would have brought
him within the reach of the criminal law by the act he had
before alluded to. How they could have stood up with any
face before society with such a load of moral responsibility ota
their heads he was at a loss to conceive. The deliberate and
systematic manner that had marked the whole proceeding was
such as to call forth the severest condemnation. Although
reprehensible in the highest degree, the case where a man with
any pressure upon him on the sudden emergency misapplied
another's capital was comparatively blameless to this, where
they hid in the most cool, designing manner, sold out 45,000/.
of stock, besides misapplying 33,0001., moneys left in their
hands fur investment. After such wholestve spoliation► of
other people's means, they could expect no sympathy ; and,
although they might think his observations severe, tk ey
were nothing more than the justice of the case deserved.
This curse of treachery, plunder, and breach of confi-
cler.ce they had carried on for a successive number of years,
almost without the cessation of an interval. Their culpa
bility was beyond all expression ; one out of ten thousand
cases he thought could hardly be brought to equal it. But
in viewing the responsibility which they had entailed upon
themselv:s by the sacrifice of reputation, they must also feel
that not the least part of it arose from the shock puhlic con-
ddence received when it became known, which might have
truest materially injured their fellow-brokers. All such cases
as these spread the seed of a want of confidence, and neigh-
bour suspected neighbour, however estimated he might be for
prohiby and honesty. They might have been the cause of in-
calculable mischief. It was altogether a very melancholy case;
such another he never wished to hear again, but he sincerely
trusted that it would prove a warning to many persons, while
be hoped some la w would be framed to meet these cases with
proper punishment. A few years since the bankrupts would
have been Liable to a banishment for fourteen years. After a
few further observations Sir Charles declared the bankrupts
passed.
31r. Burnie, one of the creditor's assignees, said he thought
his Honour was under a false impression with respect to writ..
ten orders. There were many who had given written orders.
He was one who had ; but he thought criminal proceedings did
not attach, as the bankrupts had made themselves amenable to
the Bankruptcy-law.
Sir C. F. WILLIAMS was of opinion that criminal proceed-
ings could be taken. Ile, however, especially referred to Mrs
Potter's case in his observations. _ . _

After some further remarks, in which it was contended by
two or three solicitors present that the bankrupts could not
new be prosecuted, the matter dropped.
Having been sworn to their balance-sheets, the bankrupts,
as usual, delivered over what was in their possession, and bid
it described in the "declaration" of passing. In this instance
thcrs were two weches and some loose silver.

Sir C. F. WILLIAMS—Of course this property will be re.
turned to the bankrupts ?
. _

Mr. Burnie—As far as I am concerned for myself and try
co•assgi,ee. they shall not have a farthing. I may be called a
man of property, and have not lost inure than 3,000/. ; but
there ale partici whom they have reduced to beggary. They
rather deserved 14 years' transportation, but I am afraid they
are beyond the reach of it.
Sir C. F. WILLIAMS—Then the property must be given up.
This seemed to affect the bankrupts more than any previous
part of the proceedings.
(Before Mr. Commissioner FANE.)
COLLS,THOMPSON AND HARRIS'S BANKRUPTCY.

This was the day named to take the choice of assignees in
this bankruptcy, the pa• ties to which carried on an extensive
bill-brokering bussines in Lombard-street. The debts and li-
abilities are estimated at 370,0001., and upwards of 100,000/.
were proved at this sitting.
The proceedings passed over without any discussion, and
Mr. Giles, of Fowkes-buildings, Mark-lane, cornfactor, and
Mr. J. Marshall, Secretary to the Provincial Bank of Ireland,
were chosen the assignees.
ASSIZE INTELLIGENCE.
WESTERN ClRCUlT.—Devizes, July 22.
The Commission for holding the Assize for the county of
Wilts was opened here on Tuesday afternoon, by Mr. Baron
Rolfe.

Although there had been an anticipation that in consequence
of the election there would be but little business, still the re-
verse has turned out to be the case. Twelve causes are en-
tered, which is a very large number for this county, and there
are 33 prisoners for trial.
On Wednesday the business of the Assize commenced, Mr.
Justice Maule presiding in the Crown Court and Mr. Baron
Rolfe at Nisi Prins.

• CIVIL SIDE.
WRIGHT V. BLEECR,CLERR.

Mr. Earle, Mr. Crowder, and Mr. Bere conducted the case
for the plaintiff; Mr. Rogers and Mr. Butt that of the de-
fendant.
This was an action to recover compensation in damages for
certain libels contained in petitions addressed by the defend-
ant to the Guardians of the Pewsey Union.
Mr. EaLit, in stating the plaintiff's case, said that Mr.
Wright had for the last two years held the situation of master
of the Pewsey union workhouse, and his wile during that time
had been matron of that workhouse, and to persons in such
situations it was of course of the greatest importance that their
characters should stand well in the estimation of the public.
The defendant was a clergyman of the Church of England. the
rector of finish, and he had at one time been chaplain to that
workhouse.
The libels which he had written were of so offen-
%ive a nature. and had been persevered in with such unexam-
pled malice, that the plaintiff had no other resource left but to
come forward and seek redress at the hands of a jury ; for, al-
though his sole motive had been to clearhis.character from the
cootmerp.lainlto w
someit,iota
defendantonesingleuninjured;
cases imputations were thrown out
in the heat of one moment,
and withdrawn the next ; character was
but when a course of malicious aspersions was unscrupulously
persevered in the ruin of the individual attacked would inevi-
tably follow, and his life would be for ever rendered miserable,
unless he came forward and challenged inquiry. The following
letter was the first of a series of attacks addressed to Colonel
Wroughton, the Chairman of the Board :
"-Dear Sir,—l beg leave to call your attention,
a
of our Board of Guardians, to the grossly immer
ais
fact, that Chairman
there is at present a female pauper in the workhouse far ad-
vanced in pregnancy—the result of an adulterous connexion
with the master oEihe establishment.
" Other reports of an unpleasant nature are in circulation,
bet I confine myself at present to the foregoing fact, and trust.
you will see the necessity of instituting an immediate and
searching inquiry into the matter.
" I am, dear Sir, respectfully yours,
WILLIAM BLEECK.
" Heigh Rectory, Feb. 19, 1841."
To this letter, Col. Wroughton sent the following reply :
" Dear was from home when your letter arrived, or
you should have received an immediate answer. I beg to know
from you if it is your wish that your note should be laid before
the Board, and, if so, will you object to its being made a public
document? You may depend upon it that every investigation
that lies in my power, as Chairman, shall be made ; in the
mean time I beg to thank you for the communication.
" Stowell, Tuesday." " G. W. WROUGHTON.
This produced the following :
" Dear Sir,—l thank you for the favour of your note of yes-
terday, and I bog you will not hesitate to give all needful pub-
licity to my communication of the 20th init., relative to our
union workhouse.
" 1 further take the liberty of putting you on your guard
atia'net the evasion, deceit, and falsehood to which my know-
ledge of the master tells me he cannot fail to have recourse, in
order to escape detection in this matter. I know the man;
and it has long been matter of deep concern to me that in an
establishment schere one of the avowed advantages is an at-
tention to thtriligious and moral training of poor perishing
souls, the pivancious example of so unprincipled a head should
be constantly before them. I trust, however, that his iniqui-
tous reign is now fast drawing to a close.
"I am, dear Sir, respectfully yours.
" Huish Rectory, Feb. 23. " WILLIAM BLEECK.
" Colonel Wroughton, Chairman of the
Board of Guardians of the Pewsey Maim."
These letters had been sent to Colonel Wreughton, who
AVllk.,the party to sit in judgment upon the plaint:ff, and the
e"tgelrnputed to the plaintiff was that he had been guilty
of adultery. It would be supposed that the defendant had
some_ evidence upon which to rest before he thus aimed at the
destruction of the plaintiff's character ; he was challenged to
Vib:darrelymilluedhbeevihtericld e, and he was told that a meeting of the
. to substantiate histo hear it; but, instead of coming forward
0007o:egret,
statement, he wrote the following letter
---L.ltzlee atthe vrovkho that through your non-attend-
, :1 for an' immediate inquif 'Tuesday last, the opportunity was lost
the master, y into the alleged immoral conduct of

" Time hail been thus afforded for an arrangement betty
the parties, and detection of the master's guilt will, I fear, Le
for a tirn evaded.

" The evidence to be obtained mint necessarily lie in a small
compass, and must depend mainly on the testimony of the wo-
man Elizabeth West, who acts as domestic servant to the master,
and who is but too clearly it a state of pregnancy.
" From a painful experience of the inutility of procuring
even the most undeniable evidence before an interested tribu-
nal, I decline offering any tes•imonyon the present occasion.
" I feel I have performed a public duty in calling your at-
tention to what I believe a fact, and must now leave it to yous •
self to ascertain from other sources how far my information is
correct.

I remain, dear Sir, respectfully yours,
" WILLIAM BLEECK.

" Huish Rectory, Feb 25, 1841.
Colonel Wroughton."
Thus it was that the defendant made charge after charge for
the purpose of blackening the character of the plaintiff. Find-
ing the guardians were determined to have a meeting, he ad-
dressed the following letter to them :

" Mr. Bleeck presents his compliments to the guardians this
day assembled, and respectfully calls their attention to an
opinion current amongst the ratepayers, that there have long
been in the workhouse, and supported at the expense of the
union, two s,parate families belonging to the master, the girl
Harriet, who acts as companion and helper to the matron,
being no other than the illegitimate child of the master. As
Mr. Bleeck has grounds for believing that this prevalent opi-
nion is founded on truth, it appears to him to be worthy the at-
tention of the guardians at the present moment.
" Huish Rectory, 2d March, 1841."
There was not a shadow of foundation for the imputation, nor
could the plaintiff offer one single excuse, or the slightest
pretext, for the charge, except the malignity of his own mind.
By this action the ilaintiff called upon the defendant, if he
could support one single syllahle of his statement, to put it
upon the record and produce his witnesses. If he could no
do so, he stood convicted of being a slanderer. Mr. Bleeck
merely replied that he did not write the letters, for that was
the effect of his plea. He did not attempt to justify his charges,
and yet he refused to withdraw them. A full investigation
afterwards took place before the Assistant Poor-law Commis-
sioner, and the charges were proved to be false—totally false.
All that Mr. Wright then wanted was an admission from Mr.
Bleeck that there was no ground for the imputation, and he
would at first have been contented with a nominal verdict, but
down to the present moment the defendant refused to make
the slightest reparation or afford the smallest redress. It was
not only the blackness of the charge, but it was also necessary
to look to the person from whom that charge came ; it pro-
ceeded from a man of station, of dignity in the church, and
who, from his education and from his habits of life, might be
considered to act with caution and circumspection. The libel
then came with tenfold force from a person like the defendant,
and the injury was to him greater. In proportion, therefore
to that injury ought to be the damages.
The letters were put in, as well as the following, addressed
to Mr. White, the Clerk to the Union, in answer to a letter re-
questing Mr. Bleeck's attendance at the Board :

" Sir-,-1 have the honour to acknowledge the receipt of your
letter of the 7th instant. In reply I beg to say that is not my
intention to be present at the Assistant-Commissiener's in-
quiry on Tuesday next, well knowing that my appearance in
the Board-room would not be agreeable to a majority of the
Guardians. The evidence which I would otherwise offer on
that occasion may, I trust, be obtained from a close examina-
tion on oath of the several female paupers still in the house,
with whom the woman Elizabeth West has conversed on the
subject of her pregnancy. I would further suggest that West's
mother should be summoned for examination. She lives at or
near Easton, and can reveal some important truths if inclined
to do so.

" I have the honour to be, Sir, your most obedient servant,
"finish Rectory, March 8. " WILLIAM BLEECK.
" Thomas White, Esq., Pewsey."
Colonel Wroughton and Colonel A'Court proved that an in-
vestigation afterwards took place, and that the Board came to
the decision that there was no ground for the charge. The
plaintiff was still continued in his situation. The defendant
ceased to be Chaplain to the Union on May 12, 18-10.
Mr. ROGERS then addressed the Jury for the defendant.
Mr. Baron ROLFE having summed up, in conclusion, told
the Jury that they must look to the whole circumstances of the
case, and then say whether this was the act of a man bona tide
discharging his duty, or the act of a man making use of a
pretended discharge of his duty to traduce the character of
another without adequate grounds, and he could not help
making the observation, that he thought the defendant would
have done better if he had instructed his Counsel at once to
say publicly that he was satisfied he had been deceived, and
that there was no particle of truth in the insinuation. The
Learned Judge said he had listened for that, but he had listened
in vain. They must, however, look at the whole case. If
they thought it was a bona fide communication, they would
find for the defendant; if not, the plaintiff would be entitled
to a verdict, and then, he was entitled to damages ; and he
should say, that a matter of this kind was inadequately met,
unless substantial damages were given.
The Jury, after some consideration stated that they were
unanimously of opinion that the plaintiff was entitled to a
verdict, but they wished to know what would be the amount
of the costs, as they did not wish to give vindictive damages.
Mr. Baron ROLFE said, first, he was not warranted in
telling them if he knew, and in the next place, he could not
do it, because he did not know.

The Jury in a short time returned a verdict for the plaintiff
—Damages, 2001.

HOME ClRCUlT.—Chelmsford, July 23.
CIVIL SIDE.

BLACK AND OTHERS U. NEW COLLEGE, OXFORD.
This case was not brought to a conclusion until a late
hour on Thursday night. The evidence for the defence,
consisting entirely of ancient leases and other documents,
occupied upwards of eight hours.
Sir WILLIAM FOLLETT then made a most able reply
on behalf of the plaintiffs' case, and remarked upon the
difficulty of ascertaining the actual meaning of the
expressions used in such very ancient deeds as those that
had been produced by the defendants, and also begged
the Jury to remember that the antiquaries who had been
produced as witnesses, themselves appeared to be en-
tirely in the dark as to the meaning of some of the ex-
pressions made use of, and that they admitted that many
of them might be interpreted in very different ways, and
this being the case, he put it to the Jury whether such
evidence ought to weigh against the proof of living wit-
nesses, who had themselves, for a great number of years,
paid the moduli now sought to be established.
Mr. Serjeant 'PADDY was then about to address the
Jury, when they intimated that they had made up their
minds, and they immediately returned a verdict for the
plaintiffs; thus establishing the modus as of right being
attached to the land in question. The extent of the pro-
perty so situated is said to be nearly ten thousand acres,
and the property interest at stake was said to be, whether,
under the modus, threepence an acre should be paid, or '
whether, under the ordinary mode of taking, the tithe,
about ten shillings an acre could be demanded.

M'INTOSH U. THE WARDENS AND OTHERS OF NEW COL•

LEGE, OXFORD.

This was an action heard before Mr. Sergeant Taddy
and a Special Jury, the plaintiff setting up for certain
land in his possession on total exemption from the pay-
ment of tithe, and the Jury found a verdict for the plain-
tiff.

(Before Lord Chief Justice TINDAL.)
COLVERD V. BRAND.
This was an action brought against the defendant for
defamation of the plaintiff's character.
When the case was called on, Mr. James, who ap-
peared for the plaintiff, intimated that the matter had
been arranged, and said that the Jury would be spared
from hearing the details, which he described as being of
a painful character.
Mr. Sergeant SIIEE, on behalf of the defendant, said
he was instructed to stato that what had been said against
the plaintiff was uttered in a moment of excitement, and
that the defendant regretted what had occurred. -
A verdict for the plaintiff, with nominal damages, was
then given.

BELL V. LEWIS.
This was an action of trover to recover the value of
20 sacks of flour, which the defendant had appropriated
to his own use. The plaintiff was a miller at Colches-
ter, and the defendant was a carrier in the same neigh-
bourhood, and was generally employed by the plaintiff
to convey flour to his agents, Messrs. Hunter and Co-
ventry, in London. When the goods were sent, they
were either fetched direct from the vessel by Messrs.
Hunter, or landed at some of the wharfs, in the name
of the plaintiff, till they were called for. In the month
of May, 1840, the plaintiff sent 20 sacks of flour by a
vessel belonging to the defendant, and which were landed
at Nicholson's Wharf, London-bridge, in the name of
the defendant. They remained there till the 14th of
July, when they were delivered by an order from
the defendant to a factor of the name of Berry, who sold
them at 545. per sack. It was proved that when goods
were put on board, verbal orders were generally given
respecting them ; and that on the voyage in question
the captain, finding that Messrs. Hunter did not send
for the flour as usual, landed it at Nicholson's, without
giving any directions about it. A demand and refusal
to give up the property before the commencement of the
action was also proved.
On behalf of the defendant it was proved that on the
2d July the plaintiff assigned over his property for the
benefit of his creditors, and it was contended that the
conversion of the property by the defendant did not
The LEARNEllactaktJulnDa.
take place till after that period, consequently the plaintiff
had no right of
flour was handedno:
did not Was -of opinion that the con-
versionplace till the 14th July, when the
svneirte to Berry, consequently the
i'fnfunsotublited, but leave was given to enter a ver-
plaii)ni
diet in his favour for the
(Before Lord C, haniedf
above should think proper.amount claimed, if the Court
ti.ce TINDAL.)
CROWN COURT
indicted for having bur I
John Smith, aged 25 The S.Bennett, aged 28,
were
tfealiNnilgliathulerefrom two pounds five
shillings in money, a silver watch, gronously broken and
and various other
Bones, putting him
iennttoerbeoddilythfeearh,ounsned
so
articles.
Mr. Johnson prosecuted and Mr. Chambers defended
the prisoners.
The prosecutor, a very old man, resided in a lonel
cottage at Lumden Hills, in this county. About
mid-
night on the 4th January last, he heard a noise outside
his dwelling. Ile got out of bed, and seizing an old
sword, went to the window, and observed in his garden
a man armed with a bludgeon. The prosecutor,
challenged him, but before he could obtain an answer he
saw a light pass from one of his outhouses to his cot-
tage, and immediately the prisoner Smith, followed by
another man, entered his sleeping room. There were
refreshments on the table, with which they regaled them-
selves. At that time there were three men in the house,
the two prisoners and a man of the name of Springin,
who was, at the last Assizes, transported for life for
another offence. They then ordered the old man up to
bed, and in a short time Smith, who on entering had
taken the sword from the prosecutor, went to his
bedside and demanded his money. He gave him
at that time 51., which he said was all he
had. Bennett afterwards entered the room, and
was seen by the prosecutor to take a jacket that
hung at the foot of the bed. The prisoners after-
wards made the old man get up and supply them
with some wine ; and on his return he saw Smith with
his (prosecutor's) breeches in his hands, from the pocket
of which he took a sovereign. The prisoners also took a
great number of other articles, including a silver watchin4
some wearing apparel. They then went down stairs,
and after carousing for some time, Smith and Spengin
returned to the old man's room, *here the former stood
over him with the sword in his hand, and demanded