The Sun.
London, England, 1841-10-05 00:00:00

described. I think you have brought to the parent-
country a very ercouriigng and just account of he:
Transatlantic chill, and this at a time whi..n
and correct information is peculiarly desirable, to re-
.nove mutual prejudices, and to promote a fair and
friendly understanding between the two countries."

LAW JNTELLIGENCE.
'NOUSE OF LORDS, Oct. 4.

Their nro wittee of Priri.
icges. The Pori Tgesvnt were .the Lord Chancellor,
the Earl of 'Shafte3bury, Lord' Brougham:Lord Ha-
ivarderc-the. Earl of ;Ilvdvsdalo, Viscount .Strangford,
the Bishop of Worcester,",tord Colchester, the Earl of
Rosslyn, and the Marquis of Dowmhire.
VISCOUNT 01. NEIL'S CLAIM.

Their Lordships, after hearing ,counsel and
.eXamin-
,ig witnesses on.behtilf 0: the Noble claimant, resolved
;hat the Noble Viscount hail made out his claim to vote
It t'.o election nf,-Representative Peers for Ireland. • ,
Claim allowed. ;- • ••
THE - EAfiL OF 'DELMORE'S CLAIM.

In this case the Noble Earl claimed the right to vote
t the election of Reinsentative Peers for Ireand.
Phe Committee, after hearing counsel and examining
witnesses, resolved that the Noble claimant had made
out his claim, and declared accordingly.

INOL VENT DEBTORS' COURT, Oct. 4.
(Before Mr. Commissioner REYNOLDS.)
IN RE THE REV. JOHN WILLIAM ST. AUDYN.

The insolvent appeared on his petition to be discharged.
Mr. Woodruffe supported the application, and Mr.
Cooke, with Mr. Thomas, appeared on behalf of several
creditors.

The insolvent was examined by Mr. Cooke, when it ap-
peared that he was Rector of Stoke Homerton, in Devon-
shire. He was son of Sir John St. Aubyn, and matriculated
in Oxford, where he took orders in 1822. At this time
his debts amounted to 1,1001, due principally to trades-
men in Oxford. Soon afterwards he married a lady, the•
daughter of a Baronet, by whom he got 8001. a-year, and
for the four following years lived partly on the Con-
tinent and partly in England ; during this period
his debts increased by between 2,0001. and 3,0001
He attributed much of his losses to having speculated in
buying land near Paris. Soon after his return to Eng-
land he was appointed rector at Homerton, which was a
very large parish, the tithes, surplus fees, and other p:r-
quisites, amounting to 1,30 c/. In 1834 his living in De-
vonshire was sequestrated and his wife's property mort-
gaged to pay his debts. • He contracted many debts in
1840, in which year his furniture and other property at
the rectory house was taken in execution by Mr. Gil-
leard, an Attorney in Devonport, who still allowed his
(the insolvent's) family to have the use of them, a man
Who was married to one of the insolvent's servants,
being in possession. In this year he contracted a good
many debts ; amongst the rest was one with Messrs.
Lockhart for 34/., and one item in this account was a
dressing case,_for which he agreed to pay 2CI. From
two other- tradesmen he bought plate ; in one case for
25/., and the other 30/., which he afterwards sold to a
general dealer named Thomas. residing in Devonport ;
and also bought two gold watches for 33/., which he pre-
sented to his wife and daughter. In the same year he
became security in the sum of 500/. for a gentleman named
Walpole, who held a situation in the Treasury, to Mr.
Allen, a tailor, in Bond-street. In his schedule there
appeared one •hundred and fifty-six creditors, mostly
tradesmen ; and not the least singular part of the case
was the number of persons of each trade to whom he
was indebted, there being no less than five coal-mer-
chants, four grocers, and a similar number of bakers,
while the wine-merchants amounted to five. His debts
were upwards of 22,0001., and his available assets next
to nothing.

In reply- to a cross-examination by Mr. COOKE, the
insolvent said he received the surplus fees and some
others de7.-ived from his living.• The surplus fees
amounted to about 3001. He also had 1081. a year by
his father's will. Was arrested at the suit of an auctioneer
in Devonport for the sum of 51. 14s. The arrest
was not what was called a friendly arrest.
Lost 1,0001. by the speculation near Paris. Had been
accused of gambling, but such an accusation was false.
Dnring the time he was at College, his father allowed
him 3001. a year, yet when leaving it he was 1,1001. in
debt. The rectorial profits did not amount-to 1,8001,
although some thought it did.
Daniel Allen said he was a tailor, residing in Bond-
street. Knew a gentleman named Walpole, with whom
he had had frequent money and bill transactions.
In July, 1840, this person was arrested for
debt, and sent for him (witness) to obtain a loan
of 5001. telling him at the same time he would
get unexceptionable security for the repayment
of the money. He then went to Mr. Walpole who was at
the lock-up in Chancery-lane, and met the insolvent, who
told him he was Rector of one of the largest parishes in
Devonshire, containing upwards of 40,000 inhabitants,
and had four curates. He also said he was in the re-
ceipt of a clear and unincumbered income of more than
2,0001. per annum. He offered to become security for
Mr. Walpole, and witness consequently lent the 5001.,
out of which he (the insolvent) got 100/. He was never
told by the insolvent, or any other person at the time,
that his living was under sequestration, or he certainly
would not have lent the money.

Mr. COOKE again recalled the insolvent, who swore
solemnly that the arrest at tilc suit of hiK detaining cre-
ditor was bona fide.

The Learned CommtssioNrt—l think, Mr. Cooke,
after the solemn assertion of this gentleman, you will
not deem it necessary ti press this point of your case
further. I cannot 'think it possible- that a person of his
profession would Swear to what was not true.
Mr. CooKE said, under the circumstances, he would
.assent to the suggestion of the Court.. He considered,
nevertheless, that there were strongand tangible grounds
for the• application that the insolvent should be remanded
for a considerable time. It was conduct like that of
the insolvent's which brought disgrace on the Established
Church, and afforded a handle to her enemies to cast
odium on the whole body, and he should then assert that
no body of men were more exemplary than the clergy of
that Church to which he (Mr. Cooke) had the honour
to belong. In his case the excuse of youth could not be
pleaded ; but here was an old than pursuing a course of
reckless extravagance to the utter ruin of the unfortu-
nate 'tradesmen who were credulous enough to trust him.
Many of the creditors were parishioners of the insolvent,
to whom he ought to have held out an example as their
pastor, instead of taking their property, without either
the means or the intention of paying them. Every debt
he had contracted since the sequestration of his living
and the mortgaging his wife's property was unfair and frau-
dulent. He (Mr. C.) was quite certain that the Court would
consider he had acted most disgracefully and dishonestly.
What business had he to buy plate and other property
of silversmiths, except indeed it was for the purpose of
selling it afterwards, and indeed that was the most pro-
bable surmise that could be found. If ever there was a
case which called for the extreme operation of the dis-
.cretionary clause, this was one. He was not entitled to
that indulgence which was afforded to even ordinarily
hOnest men, and he therefore called upon. the. Court to
mark its reprobation of such conduct.
Mr. THOMAS said one thing at least was prettycertain,
that the insolvent, being a clergyman and gentleman, had
the advantage of having his word taken, where a poorer
man would be disbelieved. He agreed with his learned friend
that the clergymen of the Established Church were a
very respectable body of persons, but he would not go
so far as to say they were the Most respectable, as he
thought the Dissenting Clergy perfectly on a par with
them. He was still incredulous with respect to the fact
that the insolvent was not arrested with his own con-
currence for the purpose of conveniently sweeping away
his debts with one stroke. It was ridiculous to think it
could be otherwise, for here was a clergyman of the
Church of England with still a good income, of high
and aristocratic connections, himself the son of a Baronet,
and married to the daughter of another, arrested for the
paltry sum of 3!. 14s. If his conduct had been pre-
viously irreproachable he might believe such to be the
fact, but when he looked at his former reckless dis-
honesty, he felt bound to express his dissent from any such
opinion. The insolvent had denied that he ever gambled
in the strict sense of the word ; but he (Mr.. Thomas)
thought there was much suspicion in the case, as it was
very unlikely that a man of his immense income should
run in debt so deeply without some other causes than
that which appeared in his schedule.
Mr. WOODRUM: addressed the Court in favour of the
application. _ The insolvent was a person of high birth
and connections, and it could not be denied that he •
launched out into much extravagance after his marriage;
but in doing so he also had every expectation at the
time of being enabled to pay all his debts. He had ex-
pended much money in building, and also lost much by
law expenses, for in the schedule there wore the names
of no less than ten lawyers.
The LEARNED COMMISSIONEft said he felt bound to
congratulate Mr. Cooke on the good taste he showed, not
alone in this case, but in all in which he was engaged in
that. Court, in refraining from the use of words which
are strong or gross. He (the Learned Commissioner)
was sure there could be no properly-instructed mind, be
that person of Whatever religious opinions he might, but
must feel infinite regret at the exposition of this case.
No one • could see the means of abundant affluence
the insolvent possessed, not merely for the en•
joyment of the comforts and luxuries of life,
but also for the discharge of every duty, and for the
exercise of the most expanded benevolence, and now
hear the facts of the case, without regret. However
the insolvent might have acted, he could not help cre-
diting him on his oath. He considered this to be a case
peculiarly fitted for the-operation of the discretionary
clause, for the insolvent had a good income after the
sequestration of his living. on which he could have
lived in quiet but respectable competency. The sche-
dule was not what it ought to be, and he should there-
fore adjourn the case •to a future day, when the insol-
vent would receive judgment, In the meantime, some
other creditors would be served with notices.

POLICE INTELLaiENCE.
MANSION-HOUSE.

William Marshall, the master of a vessel called the
Hope, was summoned before the Lord Mayor, upon an
information charging him with hawing broken bulk on a
cargo of coals, without payment of the Corporation dues
of Is. Id. on the ton.

Mr. Martin, of the City Solicitor's office, Stated that
several cases of the kind had been decided at the Thames
Police-orrice, and he regretted that within the iminedilte
jurisdiction of the Lord Mayor,: two eases had recently
oeslurred at one wharf, for which his Lordship's inter-
ference was necessary. The object of the Corporation
in bringing forward these cases, was not only to secure
the' regniar-paYthent" of the rates and dues, but to protect
the fair dealer. The penalties incurred was at the ut-
most 261..
Captain Marshall, upon being asked whether. he was
guiitty-er.not, guilty, assured the Lord Mayer,,raost #O-
- that he was totally unconscious of pill in the
transaction. • , -
Dix. T. P. Rose, Lispeetur of Coal Dues, appointed by