The Sun.
London, England, 1841-12-11 00:00:00

COURT OF EXCHEQUER, Dec. 10.

RIDLEY V. WESLEY.
This was an action upon a bill of exchange for 301.,
which was drawn by Joseph Wesley, and accepted by
his b.-other William Wesley, a bookbinder, in Warwick-
square.
Mr. PLATT and Mr. JAMES appeared for the plaintiff,
and proved the hand-writing of both the drawer and
acceptor.. The bill was dated Jan. 1, 1839, at three months.
Mr. TriEsmint, for the defendant, said, the answer
which the defendant had to give to this case was,
that another bill had been given in lieu of the one in ques-
tion, by which it was rendered of none effect. The
facts of the case were these. The defendant had a
brother named Joseph, who, being in want of some money,
got his brother to accept the bill in question, which was
discounted by the defendant, who gave for it 201. 12s.
in cash, and a gold watch. Before it became due
Joseph Wesley found that he was not prepared
to retire it. He applied to the plaintiff, and upon
the payment of a bonus of 2/:, it was agreed that he
should take a bill for .301, accepted by Joseph "Wesley,
in renewal of the other. The renewed bill was given and
paid when it arrived at maturity. Joseph Wesley ap-
plied upon two occasions for the return of the first bill,
but some excuses were made, and it was retained.
Now, to account for the delay which had taken
place in bringing this action, it was necessary for him to
state that most unfortunately the defendant's brother
Joseph, who had been in the employment of a firm in
Bermondsey, made free with their money. He was
arrested, tried, convicted of embezzlement, and sen-
tenced to twelve months' imprisonment. It was
then that the plaintiff, thinking the defendant could
bring forward no evidence, attempted to put the
former bill in force. An application was made to the Court,.
and upon the circumstances being brought before them,
the trial of the cause was postponed till the term of Jo-
seph Wesley's imprisonment expired ; of course the evi-
dance of Joseph would be open to strong and severe com-
ment on the part of his Learned Friend,' but it would be
corroborated by a disinterested witness, a clerk in the
bank of Messrs. Hankey and Co., and if so, notwith-
standing his misfortune, the Jury would be bound to be-
lieve him.

Jos. Weslefwas called, and proved the facts stated. •
In his cross-examination by Mr. PLlrr, the Learned
Counsel said, "And so you are a convicted felon im A
Juryman appealed to his Lordship whether that was a
fair question.

LardiNGLß—Certainly
witness. it is, as to the credit of

'The Juryman —He has expiated his guilt by serving
out the time of his imprisonment.
The clerk from Ihnkey's could prove nothing, except
from the books of the firm. They were not in his hand-
writing.

Mr.TnEsioEa—On our application to the bankers we
were told this was the clerk who could prove all.
Lord ABINGER—The only way to deal with bankers
is to subpoena the whole of the clerks.
ported testimony of Joseph Wesley, who,
Mr. PLATT animadverted strongly upon the unsup-
real plaintiff. he said, was the
His Loaosnat, having summed up the Jury found for
the plaintiff, with damages and interest.

CAIiTER. V. MILL.
This was an action to recover compensation in da-
mages for false, imprisonment and trespass.
Bin TIIESIGER said the plaintiff WAS a man in humble
life, filling the office of in-door porter at public inns. lie
vas engaged as such by the defendant, who is landlord

Mr. Chisholme, a gentleman who had been in partner-
ship with Mr. Bellamore, said that the baukrupt had
been married in Edinburgh, in February, 1839, and
subsequently at St. George's Church, Hanover-square.
There had been deeds of settlement drawn up at
the marriage. The bankrupt had advanced him and Mr.
Bellamore considerable sums of money when they entered
upon their partnership.
The deeds of settlement were handed in, and Sir C. F.
Williams, after perusing them, said, it appeared that Mrs.
Cave's property amounted to upwards of 2,0001. per
annum ; but it was so settled as to be quite independent
of the bankrupt, until her death.
After a desultory conversation Sir C. F. WILLIAMS
desired the attendance of

Mr. Cave, who, in reply to the Learned Commissioner,
said that he had given 1001. as an outfit to a Reverend
Gentleman to canvass for shareholders at Algiers, as he
(the Reverend Gentleman) was acquainted with a French
capitalist there, who was about to invest 100,000/. in spe-
culation at that place, and it was considered better to in-
duce him to take shares in the Cornish mines.
Sir C. F. WlLLtims said he found one item in the
bankrupt's book, under the head " Gifts, loans, &c."
Here he found such donations as were quite unbecoming
a person in Mr. Cave's position—for instance, 300/. for
a present of two coaches to Messrs. Hall and Dickson;
a " Murillo" to a Rev. Gentleman as a gift for past kind-
ness; a large expenditure for the education of the chil-
dren of a person named Lipscombe ; 8401. to buy a com-
mission in the Army for his nephew; and a host of
such donations. He also found that the bankrupt lost
upwards of 8,0001. by Shillibeer, an omnibus proprietor;
and that he likewise purchased a patent for manufactur-
ing lead and zinc, which had since been bought by two
gentlemen, named Crompton and Howell, upon which
there was a loss, after laying out nearly 40,0001. In the
bankrupt's then circumstances his conduct was inex-
cusable in entering on such speculations:
The bankrupt said some of the' most eminent engineers
in London and Liverpool seemed to regard that patent
as very valuable.
Several other points of evidence having been gone
through,
Sir C. F. WILLIAMS said the case would stand over to
the 14th inst., when he had determined to allow the
bankrupt to pass his final examination.

POLICE INTELLIGENCE.
MANSION-HOUSE.
The case of Richardby Hibbert, who stands charged with
having improperly disposed of a will, or testamentary
'paper, found in his mother's box after her death, was
brought up for examination on Wednesday and yesterday.
The case has excited much interest and curiosity.
Mr. Randall appeared for the prosecution, and Mr.
tumPhries attended for the prisoner.
Alderman Gnms, who presided at the former exami-
nation, sat during the investigation. He asked, when
the iprisoner was put to the bar, whether the document
which had been spoken of, as in the possession of the
prlsoner, was forthcoming ?
Mr. Humphries—The prisoner knows of no document.
Alderman GIBBS—I have given the prisoner every op-
portunity of coming to an accommodation with his family,
by postponing this case for a considerable time, at the
desire of his on n Counsel, and now he must take the
consequences.
Ann Hunter, the nurse who attended Mrs. Hibbert,
was then examined, and repeated the evidence given on
a former examination.
Alderman GIBBS said—Can it •be proved that Mrs.
Hibbert made a will at all ?
Mr. Randall—l can prove that she made a will at
Hackney, and I think before witnesses. I submit that
the paper which the nurse found, and gave to the pri-
soner, was a testamentary paper. It will be for a Jury
to say whether it was a will or not.
A number of persons were then called and proved that
a will had been made, upon which
Mr. Alderman GIBBS committed the prisoner to take
his trial at the Central Criminal Court,
GUILDHALL.
`Henry Grin; James Steptoe, and Edward Sherman,
the three men who had been previously examined on the
charge of stealing a bale of silk from the Chipping-
Norton waggon (in collusion with the driver, James
Leedon, who turned approver), addressed to Mr. Hiron,
Camden, Gloucestershire, were again brought up for ex-
amination yesterday, and additional evidence having been
adduced in support of the charge, which was considered
not to be sufficiently conclusive, they were remanded for
a week.

FROM. LAST NIGHT'S GAZETTE.
DOWNING-STREET, DEC. 10, 1841.
The Queen has been pleased to appoint George White,
Esq , to be Secretary and Clerk of the Council, and Remem-
brancer of the Court of Exchequer, in the Island of Barbadoes.
WHITEHALL, DEC. 10.
The Queen
,has been pleased to appoint Erskine Douglas
Sandford, -Esq., Advocate, to be Sheriff Depute and Steward
Depute of the shire, sheriffdom, or stewartry of Kirkcudbright,
in the room of Alexander Wood, Esq., resigned.
The Queen has a►so been pleased to appoint Robert Whig-
ham, Esq., Advocate, to be Sheriff Depute of the shire of
Perth, in the room of Adam Anderson, Esq., resigned.
WHITEHALL, DEC. 8.
The Queen has been pleased to present the Rev. John Clark
to the church of the united parishes of Daviot and Dunlichity,
in the presbytery and shire of Inverness, vacant by the resigna-
tion of the Rev. Simon Mackintosh.
WHITEHALL, DEC. 9.
The Queen has been pleased to present the Rev. Simon
Macintosh to the church and parish of Inverness, in the pres-
bytery and county of Inverness, vacant by the death of the
Rev. Robert Macpherson, late Third Minister there.
Commission by the Lord-Lieutenant of Cambridgeshire.
Cambridgeshire Militia-- Campbell, Esq., to be Captain,
July 1.

WHITEHALL, DEC. 4.
The Lord Chancellor has appointed Abraham Howell, of
Welchpool, in the county of Montgomery, Gent., to be Master
Extraordinary in the High Court of Chancery.
DECLARATIONS OF INSOLVENCY.
WILLIAM DAVIS, tailor, Strand.
HENRY ROSTER BIGGS, carpenter, Brewer-street,
Golden-square.

BANKRUPTCY SUPERSEDED. '
JOHN.
TOMES WATSON, linen draper, Worcester.
BANKRUPTS.
JAMES STUTTARD, JOHN STUTTARD, HENRY
STUTTARD, and THOMAS STUTTARD, cotton manu-
facturers, Manchester, to surrender Dec. 24, and Jan. 21, at
two, at the Commissioners'-rooms, Manchester. Abbott and
Arnev, Charlotte street, Bedford-square, London; Bennett,
Manchester.
PETER WILLIAMS and CHARLES MOTTRAM,
warehousemen, Wood-street, Jan. 4, at twelve, at the
Court of Bankruptcy. Lackington, Coleman-stree:-buildings,
official assignee; Hardwick and Davidson, Cateaton-street.
THOMAS WARD, victualler, Nottingham, Dec. 24- and
Jan. 21, at eleven, at the George the Fourth Inn, Notiinz-
hamT. Yall op, Furnival's Inn, London; Parsons, Nottingham. '
HOMAS SAUNDERS, linen-draper, Northampton,
Dec. 20, at three, and Jan. 21, at one, at the Cross Keys Inn,
Northampton. Turner and Hensman, Basing-lane, London ;
Henarnan, Northampton.
JOSEPH HADLAND, farmer, Castle Dykes, Northamp-
tonshire, Dec. 21, and Jan. 21, at eleven, at the Globe Inn,
Weedon Beck, Northamptonshire. Capes and Stuart, Field-
court, Gray's Inn, London • Roche, Daventry.
ROBERT POWELL,IInen draper, Brighton. Dec. 20 and
Jan. 21, at two, at the Town-hall, Brighton. Soles, Alder-
manbury, London.
WILLIAM EDWIN OLDHAM, commission-agent, Man-
chester, Dec. 23, and Jan. 21, at twelve, at the Commis-
sioners'-rooms, Manchester. Johnson, Son, and Weatherall,
King's Bench-walk, Temple, London ; Bagshaw and Steven-
son, Manchester.
GEORGE HUDSON, victualler, St. Peter's, Isle of Thanet,
Dec. 27, at eight, and Jan. 21, at ten, at the Albion Hotel,
Ramsgate. Chaplin, Gray's-inn.square, London.
PAUL AXMANN and. JOHN GEORGE CHRIST,

fi of the Queen's Head, Newgate-street, and being so
engaged to sleep in the house, he did not tell
the defendant that he was a married man. He slept on
the defendant's premises up to the 9th of June, on the
evening of which day he was induced to sleep at his own
lodgings, hoping to get in in the morning without the
knowledge of the defendant. He expected the door to
be opened next morning at five o'clock by a fellow ser-
vant, but in place of that he found the defendant up, and
the door opened by him. Some conversation took place,
and the plaintiff was discharged. It being so early the
plaintiff walked about the streets for a time along
with one of the porters at the Bull and Mouth. In the
meantime the defendant had told a policeman to look
where the plaintiff went to, and on being informed of it,
told the policeman to take him into custody, which was
done, and the plaintiff taken to the station-house, where
the defendant charged him on suspicion of stealing va-
rious articles from him. The prisoner was asked where
he lined, and on being told, the defendant and a police-
man went to his lodgings and searched them,
even to the pockets of his wife. They took
away some duplicates and some knives and forks, which
the defendant thought were his. The plaintiff was
locked up, and was taken through the streets as a felon ;
he was placed at the felon's bar, before Alderman Brown,
who, on hearing the charge, immediately ordered him to
be discharged. Now, character was a most precious
thing to all men, but to the plaintiff it was the bread
of his family. Though he was poor he must
not be trampled upon, and he trusted the Jury would
mark their sense of the value of character by the amount
of compensation they gave fur such outrages.
The case was proved by the police employed. In their
cross-exan:ination they said the plaintiff, while in cus-
tody, attempted to escape, and that while before the Ma-
gistrate the defendant said he did not wish to press
upon the plaintiff, but said he had been losing much
property, and the plaintiff had no right to sleep out.
Mr. HUMFREY addressed the Jury in mitigation of da-
mages. The plaintiff had, by his conduct, brought all the
trouble upon hiniself. He represented himself as an
unmarried man, yet Mr. Ball found that he was in the
habit of pretending to, go to his bed in the Queen's Head;
and after the family had gone to rest, go out clandes-
tinely, and stop out all night. Mr. Ball found that
much of his property had been taken away, and
finding such to be the conduct of the plaintiff, was it not
natural that he should suspect him ? The conduct of
the defendant was most natural, and was the immediate
consequence of the conduct of the plaintiff. He submitted
that the smallest coin of the realm would amply recom-
pense the plaintiff.
. .

His Lordship having summed up, the Jury found fur
the plaintiff, Damages, 20L

COURT OF BANKRUPTCY, Dec. 10.
THE CORNWALL MINES-CAVE'S 13ANKRTJPTCY.
A meeting of creditors being appointed for this day,
the bankrupt and several witnesses were re-examined.
John King, who had been the keeper of Mr. Cave's
extensive and valuable gallery of pictures, was examined
concerning the removal of paintings and furniture from
the bankrupt's house, at Grosvenor-gate, to Carlton
Cottage, New Kent-road, in August, 1839, which was his
property, bat occupied by Mr. Bellamore. He said
he understood that a bill of sale had been executed of
all the furniture of Grosvenor-gate, in favour of Mr.
Bellamore, by the bankrupt, previous to his departure
for the Continent ; and the furniture had been subse-
quently sold at Oxendon's, but what it realised the wit-
ness mas unable to state.