The Sun.
London, England, 1841-03-01 00:00:00

TB i SUN, LONDON, MONDNY, _MARCH 1, 1841.

is very unsuitable at my age ; hut. uC re I only thirty, I would
not permit even the emperor of the world to succeed in that
heal t which has been, all my life, devoted to John Duke of
Marlborough."
Those who would desire to get an insight into

the character of this extraordinary woman—
" Old Sal," as she was called—will find much to
answer their purpose in Horace Walpole's Re-
miniscences. " Macbeth 3 Satan, and Sylla," is
an attempt—not very successful—to institute a
parallel between these three characters. Speak-
ing of Milton's Satan, the writer tells us that
" there is nothing low, mean, base, or selfish
about him." This is not correct. Satan is de-
voured by envy, which is one of the lowest and
most grovelling of the passions ; and cuts a very
sorry figure indeed, when represented as burst-
ing. with hate and envious spleen, at sight of the
beauty. and happiness of Eve. We have always
th ought this a defect in Milton's otherwise mate►
less delineation of the fiend,. for it disturbs that
lofty notion, which he sought to impress on us,
of the magnificent but fallen archangel, "whose
face deep scars of thunder had entrenched."
The " Condemned Cells" is a Newgate anecdote,
related with simple energy. From the memoirs
of that unprincipled courtier, Lord Melcoinb, we
quote this ludicrous incident :
King George 111., as before observed, made him a Lord,
after which exaltation he exhibited himself at the Queen's
drawing-room at St. James's Palace. Ho was most superbly
attired ; but, at the same time, so trussed in his court suit,
that he appeared all prompt to burst ; when, wheeling .round
to perform his newly-studied, best lordly bow, the waistband
of his tights, which the tailor by order had rendered preter-
naturally scanty, in bending forward, the whole fabric sud-
denly became ruptured, when, as the witnesses of his " con-
fusion worse founded," relate, he stand like the luckless phi-
losopher who was inflated by swallowing too copious a dose of
laughing gas, and retired with his chapeau-bras as a screen
before, and his hinder parts turned towards the throne. His
Majesty, whose memory was ever retentive of a joke, the
next time be saw my Lord Melcomb Regis after the untoward
accident, kindly advised the sufferer to bring his action for da-
mages against h:s tailor.

helburne, he seemed to think I was deserving of suspicion.
About the last time I was at his licus?, I mentioned something
about Count Woronzof, and he fancied I bad been sent by
Woronzof to communicate it. Yet there was about him a
good deal of sympathy, of intelligent sympathy: a curious
mixture, too, of what was natural and what was factitious. He
Lad a sort of systematic plan for gaining people. J was quite
surprised to find the interest he had shown towards me. The
particulars did not immediately occur to my thoughts, nor did
I immediately gather up the threads of them till long after-
wards. He had many projects for marrying me to ladies of his
acquaintance.
Bentham relates several anecdotes of the
younger Pitt, all which prove that he was a man of
cold, stem temperament, and impenetrable re-
serve. How different from his great rival, Fox,
the most social, affable, and kindly of beings !
" Rhymes for the Corn Kings " are, we presume,
from the pen of Ebenezer Elliott. They are not
in his happiest manner. The truth is, he has
worn the subject threadbare. " Tories, Whigs,

„ .
and the Law of Libel” is a fierce assault on Mi-
nisters for their recent Chartist prosecutions.
The writer observes, " the Whigs inherited the
law of libel from the Tories; they have carefully
preserved it, and rendered it more stringent ; and
when they arc turned out of office, as they soon
must be, they will restore to the Tories their ori-

ginal instrument of torture for political offen-
ders, much improved for their purposes." This
remark has some truth for its basis, but it is too
much exaggerated.

MESSRS. WRIGHT'S BANK-

RUPTCY.

COURT OF BANKRUPTCY.—Fee. 27.
(Before Mr. Commissioner Hoertoye.)
This afternoon, at one o'clock, being fixed for the ad-
journed examination of Messrs. Biddulph, Wright, and Co.,
the Court was much crowded with merchants and gentle-
men who formerly banked with the firm, and who now at-
tended to prove their debts.
Mr. Bacon. the barrister, etteaded on behalf of a credi-
tor named Henry Burton, a clergyman residing at Atcham,
in S slop, and Mr. France, of Bsdford-row, represented
a great many parties interese I in large amounts of money
in the stocks. Mr. Hamilton, of Ilerniotta-street,Covent-
ga-den, attended as solicitor to the fiat.
A gentleman applied to the Learned Commissioner to
know if he could prove a debt against the bankrupt's estate
under these circumstances :—He received a check from
a person who was a customer of the bankrupts on the
Ssturday preceding the Monday when the failure took
place. The customer, it turned out, was indebted in a
'arge sum of money to this bankrupts, and the balance re-
maining in their hands bad subsequently been carried to
the account of the customer, and deducted from the debt
due from him to the estate. He (the applicant) there-
fore wished to know if he could prove for the amount
of the cheek rec,ivel from the customer befoto the failure.
The Learned COMMISSIONER said that thsre were cer.
tain cases in which the applicant and the customer might
have joined for the purpose of proving the debt ; but under
the circumstances stated he was of opinion the proof was
inadmissible, for even if the hank had continue I it was
questionable if the check -would have been honoured.
Mr. Hamilton said that a gentleman named Holmes, re-
siding in Arundel, Sussex, was anxious to prove for the
sum of 3481. o.t. 61. against Mr. Robinson's separate
estate. Mr. Holmes was executor under the will of Peter
R. Lally, Esq., and a sum of 3931. 4s. 3d. Bank
ties was standing in the name of the bankrupt, Robinson,
in the books of the Governor and Company of tire Bank
cf England. The stock was liable to be Landed over t
the assignees, and the question was whether Mr. Holmes
was entitled to prove against Mr. Robinson's separate
estate, or the joint estates of the bankrupts.
Mr. France said it would be much better if the assignees
were to let t' .e trust moneys in the stocks alone, and let
tire stockholders fight out any dispute that might arise
among thems.elves.
Mr. Commissioner Houton) said lie was of opinion the
actual receipt of the stock by Mr. Robinson, with the
knowledge that it was trust money, was equally a breach
of trust on his part with the trustees who had parted with it.
Mr. Hamilton said that the real estate of the bankrupt
was ansee-able in many instances to parties who had not
,et teen di,covered.
Mr. France said ho was desirous that the assignees
should have the stocks that were unclaimed, as they were
perhaps the parties best entitled to them, but he contended
they had no right to meddle with finds which clearly be-
longed to other parties than the bankrupts.
A gentleman said that the funds referred to in Mr.
Holmes's case originally stood in the name of Mr. Ito-
bioson's father, in the character of trustee ; and Mr.
Henry Robinson having been appointed executor of his
father, who was deist, that was the way in which the mo-
ney had got into Mr. Robinson's name. He was willing,
if the procf was ailed:en' against Mr. Henry Robinson's
separate estate, t) abandon his right to the stock.
Mr. France said he could not object, and the proof was
Me Bacon next drew the attend-el o? the Court to the
Rev. Mr. Burton's claim of above 20,000/. ; and in doing
so, it would be remembered that on a former day this
claim and three others were admitted, subject to any in-
spiry which the assignees might think proper to institute.
Mr. Burton appeared in the character of surviving exe-
cutor of t' c estate of Messrs. Piowden and Bbrun, late
of Shropshire, who were executors under the will of the
late Mr. Thomas Wright, tie father of the bankrupt,
George Anthony Wright Biddulph. The latter bor-
rowed, it appeared, the sum of 20,0001., under a bond
dated the Ist of July, 1822, which sum was to bear inte-
rest. Me,ser. Plowden and. Blount and he (the Learned
Counsel) held the bond cf inc'eemity which-was given upon
the occasion, as Messrr. Plowden and Blount had no
power under the trust; of the will of the bankrupt's father
to make any advance out of ti.e testator's estate.
Mr. Hamilton said there was no doubt the advance bad
been made, and the only quo: ti in was whether the bond of
indemnity was invalidated by the statute of limitafons, it
having been executed so long since as 1822.
The Learned COMMISSIONER sail that lie had, since the
last sitting, looked into the Act of Parliament, and he
had found that it required a lapse of 20 years from the ex-
ecution of an instrument to bar the claim.
The proof for 22,850/. was then admitted against the
separate estate of Mr. Biddulph. The like proof was
next received from the reverend gsntle.nan, and allowed,
against the separate estate of Mr. J.
_Wright.
Mr. Hamilton said he di I not attach much importance
to this being done, as Mr. Biddulph's estate would pay
20s. in the pound.
The vestry clerk of St. Paul's, Covent garden, was al-
lowed to join, under the proviii)ns of the local Act of the
parish, with one of the churchwardens, in the proof of a
debt of 91. 4s. 5c1., collected as a Church-rate, and depo-
sited for security with Messrs. Wright and Co., on behalf
of the rector.
In answer to a question from the Court, it was stated
that Mr. Henry Robinson and Mr. Jerningham, two of the
bankrupts, were in setendance, and prepared to pass their
examination. The balance sheet of the joint estate was
!wax I in, which showed the following results :
C.rrdit-,rs £691,648 5 0
From dead Ledger 2,650 8 10
Creditors on Stack
sold ...........

760,663 14 6

Liabilit;c3—And aiio
account for which
no consideration La;
bccu given except
in soire cr.ses in the
deposit of securities 52,663 17 0
Upon Bills discounted
for Custorocrs, and
re-diicounted
..------- 69,015 3 7

Total of debits and liabili!ie3
Supposed good assets

Deficiency £399,734 18 5
The item under the name of good assets is thus made up :
Good debts £276,686 10 0
Deduct 10 per cent 27,608 13 0
£248,837 17 0

Doubtful
Dedue4 85,435 15 5
----- 60,000 0 0
Property
Cash in band 6,966 16 0

Total £429 943 19 8
The total amount of bad debts are stated to Le
5,2671. 9s. 2d.
Mr. France then proceed!d to question the ba,tkrup's
at some length, and they states that the firm had no claims
upon the various stocks of which they bad given an ac-
court is their balanca-sheet. A separate stock ledger
ra al kept for transactions in the funds, and the sale of
stocks sold by order of the holders all appeared in that
book, but it contained no entry of those effected in the
name of the house except by an especi a 1 order. The firm
had sometimes inve•tA the moneys of the house in the
trust stocks, but rant always. The moneys paid away
by the firm wero known to be part of the moneys for
which they w ere trustees.
Mr. Robinson said he we.; not aware whether all the
partners knew the trust moneys were being uscd by the

firm.
Mr. Jerniagham here :lip:lrked that he never was
aware of it.
Mr. Robinson sta'ed that Mr. Wrig;:f Biddulph had not
been aware of the transactions of the houses for many years
past. He was expressly exempted from any participation
in the management of the concern by the deed of copart-
nershie. No intimation of the insolvency of the house
was ever given him up to the moment of failure. Hes
(Mr. R.) was often going to mention it to him, but Mr.
Wright said if Mr. Biddulph knew it, he was such a ner-
vous man that he would come to town and stop the house
at once. Mr. Bidclulph had recently had two paralytic
attacks, and the eff.ct of any such communication would
have been fatal t 3 him. All the other parties belonging
to the house, except Mr. Jerningham, knew that the
moneys of the firm were taken from the trust stocks',
Mr. Jerningba'n stated that he never was in the habit of
investigating the stock ledger. He used to look into it,
but never took any particular notice of the sale of stocks.
He never knew that the trust stock was disturbed until ten
or twelve days before the failure. He was quite correct
in what he stated, that no communication was ever made
to him, either by Mr. Robinson or Mr. John Wright, that
the trust stocks were being improperly sold and converted.
Mr. Robinson-11,1r. Jerningbam always thought our
moneys were the property of the house, that is, the moneys
of the partnership.
Mr. Jerningham repeated that he was aware stock was
purchased and sold, as he usually signed the letters con-
taining the advice, but he was not aware that any of the
moneys standing in the names the firm as trustees were
sold, and he also begged to statet bat none of the stock was
ever insured or transferral into his name.
This concluding the examination of Mr. Robinson and
Mr. Jerningham, the Learned Commissioner declared them
to have passed their examination.
Mr. Hamilton said that Mr. J ►bn Wright would require
six weeks longer to make up his accounts, and Mr. Bid-
dulph was not in a sta'e of health to leave his residence,
in consequence of a recent attack of paralysis. An appli-
cation had been made to the Court of Review to empower
the Learned Commissioner to adjourn the examination of
these bankrupts from time to time, but he ( Mr. Hamilton)
was not aware his Honour, Sir George Rose, had made
any order. He likewise had to request that the Learned
Commissioner would direct the continuance of the allow-
ance to Mr. J. Wriglit and Mr. Biddulpb.
Ms. Commissioner Honnovn said that was a matter in
the first instance for the consideration of the assignee-s—
-and it was afterwards discretionary with him to approve or
otherwise of the course proposed to be adopted upon appli-
cation being made thereon.
Mr. France said he wished to obtain a public declara-
tion from the asignees that they either would or would not
re=ign thsir claims to the trust funds.
Mr. Hamilton said that the assignees would take time
to consider the subject. All that they wanted was proper
protection ; and they thought that a short petition ought
to be presented to the Court of Review, for the purpose
of obtaining the direction of the Court in the matter.
The assignees did not wish to put Mr. France's Clients to
any expense or unnecessary litigation, but wished to act
with safety.
Mr. France said, that after calling upon them in so pub-
lie a manner •to abandon their claims to the stocks, he
doubted if suits in Chancery were commef
they would nced against him,
in the event of the' non-compliance,
bare to bear all the costs personally. i not
s.
Mr. Hamiltn defended the course taken by tho assig.
neat and aftero some farther discussion the time way en.