The Sun.
London, England, 1840-12-16 00:00:00

ETENiNG EDITION:

Dour taking down the bed. I told Fanny not to do so.
:she said " I'm sure I will." Plaintiff afterwards told
me that he had separated his bed from Mrs. Benham's,
and would never sleep with her any mere. The same even-
ing I called and plaintiff sheok hands with me. He said
" A spirit has appeared to me." I wished him not to
believe it. He said "It was a spirit or a ghost."
Mrs. Wildgrass then came in, and said I understand you
have been horse-whipping your wife. He said, " Oh, de
vou—who informed you ?" Mrs. Wildgrass said, " Mr.
-Perry." He then said Mr. Perry was the best to go to.
Mrs. Wildgrass said he was the best person to go to, and
he thea said, "If I must tell yon, I did horse-whip her.
The spirit told me to do so." I said if he was my husband
should have thrown the first thing I could lay hold of.
Fanny Dover came to the door while I was saying that,
and said " a wife should suffer herself to be beaten to death
before she resisted, and that every one ought to be against
Benham." Plaintiff said he only meant to chastise
her as a child—if he wanted to hurt her, he would have
beaten her about her bad legs. I have left the congrega-
tion on account of plaintiff's conduct. The room Mrs.
Benham was put to live in was very uncomfortable. I
never saw anything like derangement in Mrs. B.'s conduct.
I heard plaintiff say that he was not married to his wife
by the laws of God, but only by the paltry laws of his country.
He believed Miss Dover to be his spiritual wife.
Cross-examined.—l thought plaintiff's conduct with
Miss Dover was improper. I believe that an improper
intimacy subsisted between plaintiff and Miss Dover, but
Ido not wish to say it. Plaintiff said his wife was mad
because she was jealous of Fanny Dover. I heard him say
she was jealous also of Sarah Brown. He said, when he
went to chapel with Fanny Dover, that his wife threat-
ened to call after them in the streets. When I first knew
the family Mrs. Benham seemed to take the entire manage.
ment of the shop. It was when plaintiff was reading a
chapter in the Bible that he and Miss Dover burst out
laughing. I laughed because all the others laughed. I
could not help it at the moment. I think the laughing was
to annoy Mrs. Benham.
Charlotte Wildgrass—l was a member of plaintiff's
Baptist congregation. I was present when Mrs. Beesom
spoke to him about beating his wife. Mr. B. left the
room, and on his return she asked him about beating his
wife. Witness here repeated the conversation as detailed
by the former witness. He took down a medical book,
:Aid stated Mrs. Benham's complaint—that she was de-
ranged, and ought to have been confined long ago, but his
menibers did not supply him with enough of money to do
so. He said the spirit of the Lord made him chastise her.
lie brought forward texts of Scripture to convince me
• that Mrs. B. was not his wife by the laws of God, but I
ould not believe him. After that I left plaintiff's con-
c7Tgation. Miss Dover left plaintiff's house for a time.
did not observe her appearance when she left, but the
place was very quiet while she was away.
Cross-examined—Plaintiff complained of his wife's ill-
:age, and of her having struck him when he horse-
whipped her.
Joseph King—l am in the emplo)ment of the Marquis
of Westminster. I was a deacon of plaintiff's congrega-
!'on. I heard of the burning of the effigy and other mat-
ters, and called the congregation together fir a few
minutes after service, and said I bad held the office of
•-eaeon for nine years. but, from the condUct of Mr. Ben.
am, I would not hold it any longer under him, as it
be sanctioning that conduct. He told the members
scout me wherever they met inc. He also said he was
ii,ut to publish a book in his vindication, and to expose
hi; wift. I said I did not think there way any criminality
sic his intercourse with Fanny Dover. but it was calculated
to lead to it. Within a fortnight upwards of 130 members
left. his congregation.
James Parker—l am clerk to Mr. Fellowes, an attorney

•
A Rie}:rnanswoilh. I recollect the. burning of the efliaies

in 1;::;3. Tie boys were sheuting, " Burn psrsoo
ham —send him to Dover." I saw the efilgies of Mr.
Benham and Miss Dover on the sth November. Nobody
could mistake the persons they were intended to represent.
Fie had a whip in his hand, and she her arms about his
The ti4ures were burned. I made a distress on
plaititifra promises in 1639. tie wanted me to take his
bed in preerenee to his books, but I refu•cd.
said I would not oblige him in that because he had men-
tioned my name-in his pamphlet. I said there was plenty
to take without the bed—that he ought to have consulted
some minister before be sent such a publication to the
world. lie t std me he had separated from his 'cue, and
he would never Lye with her wain as long be lived.

said he was al,oaing his wife 26. a week, and that was
aa much as he could :dirt% Mis. B. cc,inolained to the
lalloistratea of P_a assaalt by her hashand in Feu. 1919.
Weat—T was a member of I.laintiff's cmgreg,ation.
Witness here clata.llei x t °avers eion wi-h plaintiff rk.latice
t,) his treatment of lis wife. Plaintiff said h., would not
have horsewhipped his wife if si.e had not provoked him ;
that ahe bad threa'ened to halloo after him when he went
to church—" There yeas .`a•ipencer Beeham and his
I iiont Think plaintirrooated his cite as lie ought. If he
lad treatrd me so I should have had the market-hall down.
I to•acr SAW Mrs. Benham intoxicated; sic was always
Ldnatrious and often in distress.
Anne Loder—l saw plaintiff and Miss Dover carried
through the turn in ck.J. I left the congregation after
that. I heard Joseph Simmons say to plaintiff, in his
sho:a, that he truth ratoud Fanny Dover was in the family
vrs and if so he would b.: godfather. The plaintiff said
6,, you snail. I I..arLi Benham say that no man cool!
hare a inure careful wife after the flash than Mrs. Benham.
Sarah Loder. mother of the last witness, deposed that.
the lived opposite the plaintiff, and they appeared to live
:sappily together for some time till Sarah Brown came to
live with them. Plaintiff charged witness with giving his
wife gin, but she had never done so. Before Miss Dover
came he always praised his wife.
Ja Southam —I was a inernh-r of plaintiS 's church.
Before Miss Dover came plaintiff and his wife lived com-
fortably together; they had words at times, like all other
people. In 1839 I had a conversation with plaintiff. lie
said he liked Sarah Brown, and loved Miss Darer, and
'aelieved Miss Dover loved him ; and if his wife died, no
other peeson would be more suitable to be his wife. I
h„ve frequently supplied Mrs. Benham with victuals—
she often seemed to want. I never saw any thing like in.
sanity about her. I wish I was as sensible as her. She
:a a very industrious and prudent woman, and I have hoard
;•laintiff say so.
Jetties Southern, husband of the last witness—l called
on Mrs. Benham in 1838. Plaintiff came in, and I said I was
very sorry to hear he had been beating his wife, and he
said ho vcas not sorry. That he would never live with her
more. He said he had beat his wife one stroke across
'he shoulders with a small whip, and she said, " Oh
Spencer, you hit me two or three times." Ile said,
" Hold your tongue, and don't speak in my presence." I
left, mid all the most respectable of the congregation have
left the chapel.
Joseph Gates—l am a dissenting Minister. I was for-
merly a teaching elder in plaintiff's church. I knew them
before Miss Dover became a member of the family, and
they lived happily together. After Miss. Dover came
there were differences, and it was spoken off in the con-
gregation. In October, 1838, I said it was reported that
he had locked himself with Miss Dover into a room, and
his wife out. He said it was true—that his wife was har-
rasaing him and watching him. He blamed the church for
giving laced to his wife's tales. I left the church because
plaintiff had broken the church up, and because of the talk
about Miss Dover.
William Pegg—l am a basket-maker, and rented the
orchard behind plaintiff's house. I thought Miss Dover
and himself more intimate than they ought to he. He
used to have his hand on her shoulder, when walking in
the garden. In April last I saw him with his hand round
her neck, as if he was kissing her. Plaintiff and his wife
appeared to live comfortably together before Miss Dover
Came.

Jamas Grover, a surveyor, ar.d John Darby, were after-
wards examined, but their evidence was of no material
import.
Mr. Ht7MPTIRETS replied.
The Learned BARON having summed up, the Jury
found a verdict for the defendants.

COURT OF COMMON PLEAS, DEC. 15.
LAING V. HOPOOOD.

This was an action to recover damages from a tenant
for dilapidations of beyond the fair wear and tear of the
premises in his occupation. The case of the plaintiff was
that he let to the aleftndant in 1835 the house in question
(at Clapton) in a state of complete repair. In 1839, on
the defendant giving up the premises, the tiles and slates
of the roof were found to have been torn cff by people fre-
quently going out on the roof--an ivy had been suffered
to overgrow the surface of a stuccoed plats, and had
worked its branches through the brick work—and the
water pipes in the kitchen bad been broken in several
places. By theLe means the house bad been very much
damaged through the wet. The wallt, of the drawing-
room had been also exceedingly damaged by nail holes
made in them, and the plaster torn off. The paling in
front also had been torn down in several places, and
various other unnecessary damage had been done to the
promises. Several witnclses were called by Mr. Sergeant
Bompas for the plaintiff to prove that the house had been
shamefully ill-used.
Mr. Jsavis was heard for the defendant, when the Jury
returned a verdict for the plaintiff.—Damages 151.

COURT OF EXCLIEQUER, Thec. 15.
The Court was again occupied the whole day with the
pedigree case of Phillips v. Willett and others. It was again
adjourned.

COURT OF BANKRUP7'CY, DEC. 15.
(Before Mr. Commissionerc,u HOLROYD.)
WRIGHT AND COMPANItI.
This was the day appointed for thAeNe:bßbou'aienericoYi assignees
ofof Hen-
in the bankruptcy of Wright and Co
iota-street, Covent-garden. The aitendanecres,credi-
toes was limited in consequence of an advertisement
which appeared in all the morning papers from Flesement
Ilami:tou, the solicitors to the fiat obtained on the 26wtbanodf
November last, upon the pctitioe of Mr. Pitt Cobbett, sta
t;ng that that fiat had been superseded, and that the meet:
img for choice of assignees wouhl not take place.
The debts and liabilities are estimated at from 700,000/.
to 800,0001., and the oF.sets to something like half a mil-
t:oil, exclusive of Mr. Bi:idulph's large landed property.
Amongst the creditors are—the Duke of Norfolk, for
4,000/. ; L )rd Pctre, about 15,000 1 ; and there is
scarcely a Catholic college or chapel fund in the kingdom
.otiich has not had large funds deposited with the bank-
rupts, who are also trustees for many Catholic charities
P.od_other religious establishments.
M Ilamil.ToN, who opine I the fiat, came into Court
shortlyt after twe!ve o'clock, the hour originally appointed
or the mett,nv.
I ' about half an
fir.n .
"„ hour afterwar Is, Mr. FRANCE, of the
of "ranee and Pa.'iner, solicitors (and who are 5,4',1
zi, represent deposit si
11(1
as such
could
creditors to the amount of 98,0001.,
have carried the choice of assignees),
dressed the
Courti!estating that several creditors, who
were his clients, We
anxious to prove their debts, and
the ehe of a
proceed at once to
but he had
teen in'ormsd that the tiltv;:je acs ssgesuperseded,inesa;nd he wished
to hr.ce7 officially if that ,a
e
The Learned Co„mismor. or not ?
ar!oilment of the flit bad bee',lt said the fact of the
that morning officially
communicated to the CL h
urt ; hut e knew nothing more
abgu: it.

Mr. FRANCE begged to know if any grounds had been
stated for superseding the fiat?
The Learned COMNIISSIONER said none. An order
from the Court of Review had been served upon this
Court, stating the fact of its having been superseded ; but
no ground was stated upon which such a decision had
been obtained. However, in order that the creditors
should be in possession of all the Court knew upon the
subject, he would direct the Registrar to read the order
of the Court of Review.
The Registrar (Mr. Ayrton) read aloud the following
document :
114 BANICRUPTCY.COORT OF Ravine.
" Monday, the fourteenth day of December, onelthou-
sand eight hundred and forty.
• "In the matter of Antliony George Wright Biddulph,
John Wright, Henry Robinson, and Edmund Wm.
Jerningham, bankrupts.
" Whereas William Smith, of Leicester-squire, i n the
county of Middlesex, wine-merchant, did this day prefer
unto this Court his petition in the above matter, praying
that the fiat mentioned in the said petition might be su-
perseded, and that the said petitioner might be at liberty to
cause a new fiat to be issued against the said bankrupts; and
and that the petitioning creditor might be ordered to pay
the costs of and incident to the said application, and of and
incident to superseding the said fiat, and that the proceed-
ings under the said fiat might be ordered to be produced in
court on the hearing of the said petition : Now, upon bearing
the said petition, and the affidavit of the said petitioner filed
in support thereof read,and what was alleged by Mr. Rogers,
counsel for the said petitioner; and by Mr. Swanstois, of
counsel for Pitt Cobbett, the petitioning creditor ; and by
Mr. L. Wigram, of counsel for Edward Edwards, tlae offi-
cial assignee under the said fiat, this Court doth order
that the fiat, bearing date in or about the 26th day of No-
vember, 1840, awarded and issued against the above-named
Anthony George Wright Biddulph, John Wright, Henry
Robinson, and Edmund W. Jerningham, by the names and
description of Anthony George Wright Biddulph, John
Wright. Henry Robinson. and Edmund William Jerning-
ham, all of No. 6, Henrietta-street, Covent-garden, in the
county of Middlesex, bankers and co-partners, trading under
the firm of " Wright and Company," be annulled, if the
Right Hon. the Lord Chancellor shall think fit, but with-
out prejudice to any action or actions, proceeding or pro-
ceedings of the4said bankrupts or either Of them touchiag
the issuing of the said fiat. And it is ordered that the said
Wm. Smith, the petitioner, is at liberty to take out a new
fiat against the said Anthony George Wright Biddulph, John
Wright, H. Robinson, and Edmund W. Jerningbam, upon
his own petition, and that such fiat be prosecuted in her
Majesty's Court of Bankruptcy, and before the same
Commissioner who acted in the prosecution of the said
first-mentioned fiat, and that the proceedings had and
taken under the said fiat, or such part and parts thereof (if
ant) as the said Commissioner shall think fit a:.d proper,
be transferred to, and stand as proceedings under the said
new fiat, without prejudice to the validity or invalidity of
such proceedings, or any of them ; and it is ordered that
the costs of annulling the said
.fiat and incidental thereto;
and also the costs of all parties of and occasioned by this
application be paid to them respectively by the said Pitt
Cobbett; and it is hereby referred to William Scrope
Ayrton, EL.q., an cfficer of the Court of Bankruptcy, to
tax the said respective costs between the parties, if they
differ about the same.

"BY TIIE COURT.

" W. 8., Registrar.
" 14, 1840."
" Upon reading the within order, I hereby confirm the
same; and direct that the fi be and is hereby annulled
accordingly. " COT TE N II ANL Chancellor."
A solicitor, who attended with an affidavit of debt from
a client who resided in Wales. wished to know if it were
necessary to have a fresh dlidavit in consequence of the
fiat having been superseded?
The Learned Commtsst:,NEß said that that affidavit
formed no part of the proceedings, and therefore could not
be used.
The Solicitor oheerved that the affidavit was made be-
fore the order of the Court of Review had been issued.
The Learned Co:amtssioNEß thoughta fresh affidavit
would he necessary.
The Solicitor—lt has been suszges!.cd to ere, Sir, that
under the terms of the order of the Court of Review, we
aro entitled to the costs in making a fresh affidavit.
The Learned COMMISSIONEa—That is not within my
jurisdiction. I knaw twt why the fiat wag superseded, for,
as far as the proc,.,dings go, all was regular upn the face
of them. My duty is to obey the order.

SECONDARIES' COURT, DEC. 15.
LACY U. MANSFiELD.
IMPORTANT TO TAVZIAN KF.EPERS.—A CoMPANION FO2
FALSTAFF.—Thii action was brought to recover the sum
of $l. 2; 61. The plaintiff is the proprietor of the Russell
'rave, a, Covent-garden, and the defendant the son of a
gentleman, who is studying for the bar.
Mr. Dave, a solicitor, appeared for the plaintiff; Mr.
Peers,' gr if fir the der...tech:lt.
The first ialtrici.s ti.-as the head waiter of the plain-
tiff, who peeved si:reing the different articles to the de-
lendant.
The bill was then read, and punch appearing as a prin-
cipal item it,
Mr. Secondary JA mss asked the waiter if the defendant
drank all the nanch himself?
Witness—Yes ; 1 swear be drank every drop of it.—
(Lv.lghter.)
Mr. PETERSDORFF—Do you mean to say that he never
paid for anything ?
Witnes —I do mean to say so ; and what's more, that
he never gave me any thing. He owes me 31.
Mr. l'aTtut,oorar—l will ask you no more questions.—
, (Laughter.)
In answer to a question from one of the jury the %Imes*
stated the plaintiff often had lobsters for supper,which, at
that time, were very dear.
Mr. PETESSDORFF said he would not for one momelt
endeavour to make the jury behove that his client was a
teetotailer.—( Loud laughter.) He should, however, coo-
-1 tend that the plaintiff could not recover for any spirituous
liquors supplied to the defendant which did Lot amount. to
20s. at one time ; with respect to the other items ire would
plead the genel%:l issue.
Mr. Secondary JAMES summed up, and
The jury, after some consideration, returned a verdict
for the plaintiff for 21.

POLICE INTELLIGENCE.

MANSION-110USE.

Inspector Blandon, of the City Police, brought up a
very eged woman, named Sarah Beadle, by the direction
of the Commissioners, for the purpose of having proper
care taken of her, on Saturday last.
The Inspector stated that the poor old woman was in
the habit of selling matches on London-bridge, where
she stood is the cold, and the Commissioner having learned
that all she was allowed by the parish of Bermondsey, to
v:hich she belonged, was eighteen pence a week, desired,
that, for the sake of humanity, witness should take her
before the Lord Mayor, not as a vagrant, but that her
great age, and the miserable pittance allowed to her,
might be represented to the Lord Mayer; and that it
might be stated that it was considered by the Commis-
sioner disgraceful that a female at her advanced period ef
lire should be obliged to sit on the bridge to make a few
pence, and be allowed for her maintenance sixpence a-
week less than was paid for her lodging.
S:r PETEE. LAURIE asked the old woman whether she
preferred the bridge to the workhouse, to which asylum
she could of course go, if she wished. She replied that
she could not bear tke thoughts of the workhouse, and
that she would rather endure any thing than submit to the
misery.
Sir PETER LAURIE—Are you stlll able to do anything
for your support? " Yes, your Lordship," said she. " I
am 92 years of age, and I am able to go about and sell
matches. lam in good health, and not fit for the work-
house.
Sir PETER Leuetn—l cannot suppose it possible that
' the parish would refuse you sufficient means to live upon
without making it necessary for you to stand perishing in
the streets in such weather: such a thiug is not to be en-
dured.
The Inspector said that the Commissioner was quite in-
dignant and surprised at the statement of the poor old
creature, and made a point that the case should be known.
Sir PETER LAURIE said it was very proper that the al-
lowance should be known for the credit of the parish to
which the poor old woman belonged, and desired the offi-
cer to accompany her to the Guardians and represent the
nutter to them, with his request that they would be so
good as to let him know whether cighteenpenco a week
vas enough to keep the life in the grandmother of any
'one of them.
The Inspector took the old woman to the parocbial
kuthorities forthwith, by whom it appeared she was re-
ceived with open arms, far upon the officer's return he
mentioned that they in the kindest manner assured him,
End he believed their word, that she should never want for
attything.
Several cases have lately occurred in which the Com-
missioner's interposition in cases of this kind has been, it is
bin t justice to the various parochial authorities to say, most
efi ective as to out of door allowance.