The Sun.
London, England, 1834-08-05 00:00:00

INSOLVENT DEBTORS' COURT.

William Edward Page, a Major in the army, was op-
posed on his application to be discharged by Mr. NtcHoLs,
on the part of Messrs. Chaplin and Co., the coach proprie-
tors
; as likewise by Mr. COOKE, on behalf of Mr. Kimp-
ton, an
,auctioneer ; and was supported Mr.
ROFFE.

The circumstances of the case were peculiarly distress-
ing. The Major had been in the army since the age of
fourteen ; had served with the Duke of York in Holland,
where he was severely wounded, and with the Duke of
Wellington in nearly the whole of the campaigns of that
Noble Duke. He had received three severe wounds in
the service. lie was promoted to the rank of a Major in
1830. His regiment was then stationed at Belfast, and
some time afterwards he took a place in the Manchester
Defiance coach, of which the Messrs. Chaplin are the pro-
prietors, with the intention of joining his regiment. When
the coach reached Stockport an accident happened to it ; the
axletree broke, and the Major's leg was dreadfully fractured,
and he was otherwise injured. He was confined at an inn
from March last year to the following August ; the surgeon's
bill amounted to 541., and the innkeeper's to 1201. Being
unable to obtain compensation from Messrs. Chaplin, he
brought an action against them. It was proved that the
accident resulted from no neglect on their part, and a verdict
was given in their favour. They were now creditors for the
costs. The Major's costs amounted in the proceedings to
about 300/. Subsequent to the action the Major made a
warrant of attorney to his father-in-law, a Mr. Seward,
whom he described as a decayed merchant, and was living
in almshouses belonging to the city of London ; he owed
him 8001. for money advanced. Mr. Seward, who is ad-
vanced in years, attended, and proved the consideration,
which was of some standing. The Major it appeared was
in the commission of the peace at Antrim, in Ireland, and
received 12s. a-day ;he was now on full pay as a Major,
which was 13s. 6d. a-day. He had an order to join his
regiment during the present month, and said he was afraid
he should be put on half-pay from the accident ;he was
afraid he was a cripple for life. The Major in alluding to
the accident shed tears, such " as fools say become not men
to shed." He had a wife and two children to support, and
the property taken by Mr. Seward was on a farm at Welling
which he rented of Mr. Kimpton.
On the part of the opposing creditors it was contended
that the property claimed by Mr. Seward must be given
up and divided among the creditors, the warrant of attor-
ney being worked under the Act constituting the Court.
Mr. WOODROFFE addressed the Court under excited
feelings. He said one of the opposing creditors was his
own father-in-law, and the other his most intimate friend.
He should not advise the restoration of the property. He
could not. Under the peculiar distressing circumstances of
the case the Learned Counsel made a powerful appeal to
the feelings of the Court.
The Learned CHIEF COMMISSIONER commiserated with
the Major on his condition. He had much respect for a
man of such bravery ; but hard as it washe was bound to prO-
tect creditors. His public duty compelled him to say that
there had been a preference, such as the Court could not
sanction. The property must be given up, or he should be
under the painful necessity of pronouncing a
,judgment
which he should much regret ; but his public duty must be
done. He would give the parties an opportunity of con-
sulting, and the case stood adjourned for that purpose.
The Court on Tuesday will adjourn for the vacation.
John Jacobs, a carpenter, whose case was adjourned for
his wife, who, it appeared, had contracted a large debt with
the opposing creditors, Messrs. Goldney, silk-mercers, Re-
gent-street, to give an account of how she had disposed of
the goods, came up again to-day.
The insolvent could not produce a satisfactory account
from his wife, and he denied that she had kept any account
books.

Mr. Goldney, of the above firm, stated that the insol-
vent's wife had, on one occasion, pointed to some account-
books of her's, and said that she had done business for Lady
Ann Beresford.

Mr. CooKE said that the insolvent's account was far from
being a satisfactory one.
The Learned CHIEF COMMISSIONER said that the books
should be produced, or their non-production satisfactorily
explained.

The case was accordingly adjourned for that purpose till
Monday.

William Elliot was opposed by Mr. Jones and was sup-
ported by Mr. Woodroffe.
The insolvent was a general dealer, late of Brunswick-
street, Bath, and was now opposed, on the part of James
Davies, for 601. 10s., being the amount of a bill of ex-
change purported to have been drawn by the insolvent, and
accepted by one Samuel Lewis Lazarus. The bill was dis-
honoured, and the insolvent refused to pay it, on the
ground that he was not the drawer of the bill, and dis-
claimed all knowledge of such bill. An action was
commenced against the insolvent, and was tried at the
last April Assizes at Taunton, when a verdict was ob-
tained against him, in consequence of the opposing creditor's
attorney having known that the insolvent had married to
pay the amount of the bill after it had become due.
The insolvent positively swore that the signature attached
to the bill was not his.

Mr. Jones said he had no case, and the Learned Chief
Commissioner being of the same opinion, the insolvent was
discharged.

IRELAND.

CLONMEL, JULY 31.

The Assizes for the county of Tipperary commenced this
day before Barons SMITH and FOSTER ; the former presiding
in the Criminal, and the latter in the Civil or Record Court.
After the Grand Jury had been sworn, Baron Smith addressed
them on the state of the country and the discharge of their
duties. His speech was very eloquent, and shorter than some
which he has delivered on similar ocbasions within the last
three years. It appeared to have been all written out before
hand, as he seldom raised his eyes from a paper which lay
before him, at the same time, his enunciation was dkinet,
emphatic, and very audible from so old a man. The
public prints, will no doubt, furnish a correct report of
it in a few days. In the mean time it may not be un-
interesting to the readers of your liberal and impartial
journal to have an outline of it, from one who regrets in being
obliged to admit that, considering the state of faction and par-
ties in this country, the prudence of such exhortations, even
from an enlightened Judge, is questionable. Sir William be-
gan by saying, that though in a crowded population, such as
is to be found in this county, the infirmity of human nature
was such as not to allow them any time to contemplate a
very light calendar; still he was sorry that he could not on
this occasion congratulate them that the number of crimes was
within reasonable limits ; for, considering the recency of the
last assizes, the names exhibiting on the criminal list upwards
of 200 for various offences, afforded no grounds of congratula-
tion. Of that number 47 were for murder, 55 for crimes con-
nected with combination, and the remainder for larceny, and
other offences of an ordinary nature, but many of which might
have originated from the factious and uncivilized condition of a
great part of the community. In commenting on this state of
things, he alluded to his predictions, about three years ago, re-
speLieg the possibly dangerous tendency of the " system of
passive :qsistance" which then prevailed. With the exception
of this little ebullition of egotism, there was nothing in his
speech to the propriety of which every one who heard him
ought not to subscribe. And if Sir William Smith had, in the
spirit of impartiality which formerly characterised him, and
which I do not say he has yet totally abandoned, deprecated
the proceedings of ALL factions, as well as those of the "agi-
tators," he would deserve the thanks of every class of Irishmen.
But Sir William seems to forget that there are other factions
besides those who agitate and murder each other at fairs and
markets, who have been long upholding misery and barbarism
in Ireland—that faction which cherishes ascendency and would
perpetuate an exclusion from civil rights against a portion of
Their countrymen. Let tbis truly learned, eloquent, and en-
lightened Judge only denounce that party—disclaim that par-
tizanship which he has been latterly suspected of, and his ad-
dreslns may tend greatly to aid Mr. Littleton in promoting a
feeling, and consequently the civilization and hap-
piness of I:eland.

DEATH FR I 1 AN OVER DOSE OF OPIUM.—AR
inquest was held on Tuesday evening before T. T. Delasaux,
Esq., at the Eight Bells, St. Dunstan's, touching the death
of a female, named Mary lege, wife of T. Inge, formerly of
Sturry, who had been confined in Westgate Goal during the
last three months, and who on Sunday last was discharged
from that prison. The deceased was found dead in a field on
Tuesday morning last, and a Jury assembled to investigate the
cause of her death. It being necessary to have medical evi-
dence, Mr.- Hunt, surgeon, was shortly in attendance, and the
investigation proceeded. Mr. Hunt inspected the body, and
stated that the condition of the pupils of the eyes, the suffu-
sion of the eyes, the pecular blueness of the face and body,
and the absence of all marks of violence, were favourable to
the opinion of her having taken opium ; nevertheless they
would only extend to a probability. Coroner—Do you think
that the swollen state of the abdomen is connected with the
cause or effect of death in this case? Mr. Hunt—l do not;
the swelling is a gaseous collection, probably formed post mor-
tem. Coroner—You do not think it arose from inflammation ?
Mr. Hunt—l do not. An inflammation in the bowels, or any
other equally dangerous part, would not in nine cases out of
ten terminate fatally in the period; inflammation of the sto-
mach and intestines has frequently been observed after poison-
ing by opium ; the brain particularly has been found congested.
Hanfet Wellard deposed, that the deceased left the gaol on
Sunday morning in perfect health, with five shillings and six-
pence, which she gave to her. In answer to a question, she
said that, the deceased had taken no opium during her con-
finement. It was then ascertained that the deceased 'habitu-
ally took opium. The Coroner asked whether the quantity of
opium found on the deceased was sufficient to destroy life ?
11r. Hunt declared that half of it would produce the effect.
The deceased was found dead in a hop-pole stack, in the pa-
rish of St. Dunstan, near this city, with a bottle that had con-
tained laudanum. The Jury returned a verdict " That the
deceased died from having taken opium, but not with intent to
destroy herself. "—Kentish Observer.

IMPERIAL PARLIAMENT.

HO USE OF LORDS, August 4._

The LORD CHANCELLOR took his seat on the Woolsack at
half-past four o'clock.
The Duke of WELLINGTON presented a petition from
Farnham, in support of the Established Church. Also a
petition in support of the Established Church in Ireland.
The Lancaster Spring Assizes Bill, and the Seamen's Hos-
pital Bill, went through Committees, and were passed.
LANCASTER COMMON PLEAS BILL.

The LORD CHANCELLOR presented a petition from
the merchants, traders, attornies, and solicitors of the County
Palatine of Lancaster, praying that certain alterations
might be introduced into the Common Pleas Lancaster
Bill. The Noble and Learned Lord stated that he could
not concur in the prayer of the petition. He believed all the
learned Judges had agreed to the provisions of the Bill, and
he saw no reason for making any alteration.
The House then went into Committee on the Bill.
After some observations from Lord WYI4FORD and the
Duke of WELLINGTON, the Bill passed through a Committee,
and was ordered to be reported to-morrow.
ESTABLISHED CHURCH.

The Earl of CAERNARVON presented petitions from
different parishes in \Vales, praying for the protection of
Church and State.

POOR LAWS.

The Bishop of EXETER stated, that upon the third read-
ing of the Poor Law Amendment Bill he should move that
the bastardy clauses should be left out. He had adopted this
course in the hope that in the interim something would be
done which would put an end to the necessity of his perse
vering in the motion.