The Sun.
London, England, 1834-05-19 00:00:00

board the Barham, his first lieutenant told me that he
expected I should write to say I had withdrawn the
letter. This I declined. The correspondence was
then forwarded to Sir H. Hotham, and drew forth the
reprimand of which I complain.
The JUDGE ADVOCATE stated that the Court had
decided that Samuel Phillips and Mr. Achebone, two
witnesses previously examined, might be recalled, and
hoped that this unusual method of proceeding would
be a warning that the evidence might be given clearly
and distinctly, the Court stating that the erasures and
alterations appearing in the minutes had been occa-
sioned by the extraneous matter introduced upon the
first charge.
Mr. Pettigrew was then re-examined at immense
length by Lieutenant Walker. His evidence was ge-
nerally in contradiction of the statement of Captain
Pigott as to the state of the vessel.
Captain Senhouse, of the St. Vincent, was then
called, but, after being sworn, was not allowed to be
examined by Lieutenant Walker, in consequence (as
we understood) of his knowledge of the Alban ex-
tending only as to her state six months previous to the
date of this charge.
Mr. Pettigrew's examination was then continued till
late, when the Court adjourned.

EXCHEQUER EQUITY SITTINGS, MAY 17.

(Before Lord LYNDHURST.)
The following, we understand, is the arrangement
for carrying on the business of this court. The Lord
Chief Baron will sit in equity during the whole of the
sittings at Nisi Prius, in London, after term, and will
take all equity business, except tithe causes, which
will be heard by Mr. Baron Alderson. Mr. Baron
Parke will sit at Nisi Prius, in London, after term.

SMYTH AND OTHERS V. ANDERSON AND OTHERS.

This case occupied the Court nearly the whole of
yesterday and the greater part of to-day. It was a
suit instituted by the assignees of a bankrupt who had
never surrendered under the commission, for the pur-
pose of setting aside a deed of settlement executed by
him only a few weeks prior to his commiting the act
of bankruptcy, by absconding, and the issuing of the
commission. The defendants were the trustees under
the deed, and a Mrs. Sarah Owen, the party bene-
ficially interested under it, who, it appeared, having
been left a widow very young, became acquainted with
the bankrupt, Mr. John Turner Watts, who was re-
presented as being a man of gentlemanly appearance
and address, the elder of three chapels, a stock-
broker, the father of the Stock-Exchange, and of
supposed large property, to whom in 1823 she was
married. Nb settlement was made prior to the mar-
riage, although it was stated that the subject had been
discussed, and 5,000/. named as the sum to be settled.
After the marriage, they lived together as man and wife
till 1824. when Mrs. Owen having discovered that a
connexion subsisted between Mr. Watts and a lady resid-
ing at Battersea or Hammersmith, by whom he had a
family, a separation was the consequence, and it was
stated that a deed was executed, whereby he bound
himself to pay to Mrs. Owen 1501. a-year, appointing
trustees to carry its provisions into effect. Thus mat-
ters remained till the summer of 1825, when, for the
first time, Mrs. Owen learned that in addition to the
connexion above referred to, her supposed husband,
Mr. Watts, had another wife living, to whom he had
been married twenty years. She, of course, was
much shocked, and her friends immediately took the
matter up seriously with Mr. Watts, which was finally
settled by his consenting to transfer 4,0001. Three per
Cent. Consols to certain trustees, the interest of which
was to be paid during her life to Mrs. Owen, with re-
mainder to himself. The transfer accordingly took
place in July, 1825, and the deed of settlement was
executed in the following August ; the former deed,
it was stated, having been given up, and other arrange-
ments entered into between the parties. On the 20th
of September following, Mr. Watts was declared a
defaulter on the Stock Exchange, and in October, he
having absconded, a commission of bankrupt was issued
against him, to which he had never appeared. The
debts proved under the commission amounted to about
eighty-five thousand pounds. The assignees under
the commission immediately filed a bill in this court
against the defendants, for the purpose of setting
aside the deed, and having the principal sum and in-
terest transferred to them for the benefit of the cre-
ditors, on the ground that it had been fraudulently
executed by Watts when in a state of insolvency, and
without any valid consideration : and a motion was
soon after made before the then Lord Chief Baron
( Alexander) for an injunction to restrain the trustees
from transferring the principal or paying over the in-
terest until the determination of the suit, when his
lordship was pleased to accede to the former part of
the motion, but made no order as to the dividends ;
and the trustees having given to Mrs. Owen a power
of attorney to receive them, she has continued to do so
to the present time.
Mr. SIMPKINSON, for the defendant Mrs. Owen,
contended that there had been no proof, except by the
affidavit of one witness, to show that at the period of
the execution of the deeds Mr. Watts was not in sol-
vent circumstances.

On the part of the plaintiffs it was contended that
they were justified in what they had done by the prac-
tice of the courts, although in this there was some
variation ; that on the merits they could not deny that
it was a case of great hardship against Mrs. Owen,
who, like themselves, had become the victim of a pro-
fligate and abandoned man ; that the creditors were
sufferers to the amount of 85,0001., and the question
was whether they were not, in a pecuniary point of view,
to suffer together.
- A variety of cases were cited on both sides in sup-
port of the arguments of counsel, after which
Lord LYNDHURST said Watts had done this lady a
grievous injury, and no doubt this settlement was
made with a view of compensating her for that in-
jury, but it was a case which involved a variety of
considerations ; he would therefore look into the
authorities, and see what could be done, and let them
know when they next met.