The Sun.
London, England, 1802-12-22 00:00:00

CITY EJECTIONS.,

YESTERDAY being St. Thorn ts's Day, the AminAl
Elelion of Deputies from the differeni
_Wards, t& -
represent the City in Common Council, took ',tact':
No political spirit, or much bustle of opposiiimni
prevailed. la F:rringdon Without, the most ex.
tensive and populous Ward, Mr. SHEERS tins%
eleaed instead of 'Mr. BURKITT ; Air. jOiltsi •
NE.wmA:Nt instead of Mr. Hoosorr; In .Farring.)
don Within, an'opposirion has'started and a poll is
demanded. All the old Members unite their inte_
rests, and sign their names to a Circular Letter:
In the Wards of Cripplegate, Bishopsgate,
street, the Tower, Castle Baynard, &c. &c. the
old Members are re,eleded..—The LORD Mikoa.
held four Wardnv Owing to the indisposi-
tion of Sir JoHN EAMER, Mr. Alderman MAC-
AULEY, Sit WATKIN LEWES, and Sir WILLIAM
CURTIS.

At a Wardmate held at St. Diane's, Back Church,
for the Ward of Langbourn, before the bight Hon:
the LORD MAYOR, Sir Join EAMER, the Alder-
man of the'Ward, being indisposed, the old CoM,
nron Councilmen were unanimously re. eleEted for the
year ensuing.
The oppositions the most worthy of notice hate
sprung up in the thrte following Wards, wheie
polls have been demanded, and continue open..

ALOGATI; WARD.
Mr. Charles Lincoln '- 78 Mr Joseph Hibbert - 71
Mr. Samuel Thorp - 77 Mr. Lancelot Sharpe -,
Mr. James Taddy 75 Mr. W illiam Sharpe - 65
Mr. Sarriuel Weddell' - 78
The two last are new Candidates.
ALDERSGATE WARD.
4r. Deputy C. Aldridge 34 Mr. John Denziloe
Mr. Thomas Loveland 30 Mr. Robt. Albion Cox

Mr.. Rot)ert.Eislier 36 Mr. G. King
Mr. Henry King 32 Mr. Hopkins
Mr. Deputy J . Rowlatt 31 .
The two last are new Candidates.
has declined.

340
30
33
It

Mr. Welch (Sheriff') ,

COLEMAN-STREET WARD.

Sadler
Donne
Paynter
Davies

17 West

2'l Edwards
22 Chapman

PORTLAND PLACE BANK.

RESTER IMY the last Meeting on the Commission
of Mr. JOHN KING took place; notwithstanding
the reports that have been disseminated of this
Bankruptcy, only 2501. more were proved.—
An attempt was made to prove a Debt of 7001. by
the Assignees of a Bankrupt, but as their Attor-
ney had, by his, own' acknowledgment, struck a
docket some time ago against, Mt. KING for the
purpose of 'eff,:lting a settlement, and had aaually
obtained tool. towards the debt,' and 301. as a dou-
ceur for himself, to compromise it, and withdraw
the Docket instantly, atter, the Debt on this ac-
count became forfeit, and .the Attorney is :subjed
to the discretion of the CHANCELLOR.

Thcy 'afterwards adjourned to the Fleet, where
nothing extraordinary occurred : the. Commissioners
called-on' Mr. KING for his Accounts, on which it
apprared, that 9o,oool.'Securiries were to be de-
livered up, and the. Debts against him were only
7,0001. the Commissioners asked if the account he
produced, stated what he owed,' as well as what
was owing to him. Mr. KING answered tlie'proofs
on his coMmission, shewed what he owed, and
therefore it Was only necessary to state what was
owing to him, and to give up the Securities speci
fied in the. Schedule, on which Mr. PEMBERTON,
Counsel for Mr. K I iqG said,. that the ,list of Com-
missioners to which he belonged, required the ac-
count in the manner in which Mr. KING had' made
it out, but-the Commissioners thought that their
method should he pursued, and-with the consent of
ihe Bankrupt, they adjourned to the z9th instant.

Mr. Gls tis opened the Plaintiff's case very near-
ly as follows This case, if proved to you, as I
have no doubt it will, will call for your serious at..
ten:ion, and will require, at your hands, ample sa-
tisfidion to the person who has brought this ation.
You•havecolleded from the statement of the Plead-
ings, that this is an adion against Mr.•Wainright,
for having maliciously, and without probable cause,
sued out a Commissift.of Bankruptcy, against Mr.
William Holmes, the Plaintiff. When I know that
Mr. Wainwright is an Attorney ; that he is the Pe-
titioning Creditor in the Commission ; that himself
was the Solicitor, in fad, in it, I cannot conceive,
that he could have had any other object in view, in
suing out this Commission, but than of putting
Money into his pocket, as Solicitor, under the Com-
mission ; that is, for the purpose of obtaining the
Costs which would accrue.to him in that capacity,
at the exeencea and to the utter ruin of the Plain-
tiff; unless that be. his motive, I profess myself-to
he utterly at a loss to find any for. his condad.—
Th e Plaintiff, in this adion, folloWed, for between
20 and 30 years, the busire as of an ironmonger,
at Leeds, in Yorkshire, and, in that time, gained,
what, for him, was a considerable sum of money.
He purchased some cottages and ground about him.
He built on the ground. so purchased, and thereby
added considerably to their value ; sci that the
houses, of- which he was the owner, were worth
near zoool. which houses were sold by Mr. Wain-
wright, the Defendant, or by his order, and w hich,
by that kneed Sale, produced near 15.001. but I
can prove to you, 'that their real value is consider-
ably more. In the year 1799, when thisCommis-
sinn was sued out him, Mr. Holmes .possess-
ed, at least, enough. to pay all his Creditors sixty
Shillings in the Pcund ; and, yet, he was. to a err-
tain•degree, pressed for money, owing to several
causes ; there was, at that time, a considerable
stagnation of his trade, and he had laid out a great deal
of his money in the purchase of the land and houses I
have mentioned. He was called on for the dis-
charge of some few demands which he was not able,
at the moment, to pay. He, therefore, borrowed
Soot, upon a Mortgage on this property; and that.
was the only charge upon that property, which was
worth zooOl. Mr. Holmes, some time afterwards,
had occasion to burden his property to another small
amount, the amount of airily 1501, to carry on his
business, without pressing on his Creditors, or do.
ing'any thing that was inconvenient to him in trade.
—About this time Mre Wainwright arrived at
Leeds, and commenced his Business there, not only
as an Attorney, but also as a Monev.lender. He
advertised that he had money to advaace to those
who had any security to give for it. If Mr. Wain-
, wright had this money to lend,,and was disposed to
lend it-at the legal interest of five per Cent, though
perhaps it i 3 not what one Would wish to recom.
mend, yet he -had a right to do. it. He advertised
that he had money to lend, and my Client, Mr.'
-Holmes, Was ,roolish enough to, apply, to him for a
loan of 1501. It was agreed between them that
1501. should be advanced at the rate of 5 per Cent.'
for three years, hut afterwards it was made payable
in two years and nn half. This transadion took
place in June iSoo,, and I take it for granted that
as. Mr. Wainwright himself drew this Deed to se-
cure his own money, as a further mortgage on this
estate, and the interest, that on the payment of the
interest together with the principal at the time of
payment, that Deed contains a, `clause that the
Mortgagor should remain in possession, because that
is a necessary clause for the interest of the Mortgagor.
I know that Mr. Wainwright.is an Attorney., and
understands these matters. I cannot suppose that
he could think of acting so abominable a part. I.
cannot suppose that he, widen he drew a Deed to
secure the payment of his own 1501. Would omit
the usual and necessary clause for the protedion of
the Mortgagor, that is the borrower of the money.
I say this the more confidently because Mr. Wain-
wright has charged us for preparing a long and
special conveyance of Mr. Holmes to him in trust,
to secure the and interest, together with his
journey to Wakefield 1 zl. 55. 3d. I take it for
granted that in drawing of this, Deed for which •
there is this charge of r al. ss. 3d. Mr. Wain- ;
wright did -Mr. Holmes justice. However, Mr. -
Wainwright had no .sooner lent this money, at 5
per Cent, and got this sum of money for drawing
this Deed, but he began to consider how he could
'get back his money, and so charge some other per-
son another sum of tzl. for drawing another such
'Deed. I cannot comprehend how he could have been
actuated if he was not actuated by that motive, forl
have known another person ad upon that motive in
another case, and I know of no other motive that
can have aduated Mr. Wainwright. in this transac-
tion. Mr. Wainwright knowing that Mr. Holmes
had been rather pressed for money at that moment,
bethought himself how he might most effedually ruin
Mr. Holmes. It occurred to him that a Commis.
siun of Bankruptcy was a good thing,eand he de-
/ermined on having it, although Mr. Holmes had
heat constantly appearing in his business and I
will prove to you, by those who resided in his
haatise, there was no colour for calling him a Bank-
ritst, or of imputing to him any thing like an Ad
of Bankruptcy, or that Mr. Wainwright could have
the least -"Suspicion tliat Mr. Holmes was a Bank-
rapt ; and yet he struck a docket, and. sued out a
Commission against him. You will take it for
granted, that Mr. Wainwright informed himself
of the state of the affairs of Mr. Holmes ; common
honesty, if Mr. Wainwright possesses any, would
have induced him to make himself acquainted with
the concerns of Mr. Holmes, before, he took out a
Commission ofßankruptcy against him. Nov, he
shall have his choice--;-either he did
.make himself'
acquainted with the concerns of Mr. Holmes; or he

did nets Übe did not, his condua is of the black-
est sort ; if he did it, I will tell you what the re,
suit was, because there could be no other : Suppos-
ing Mr. Holmes to have nothing in the world but
this estate, it would more than cover his debts;
even Mr. Wainwright sold it for 14001. or 15001.
and all the debts colleited together by the utmost
industry of Mr. Wainwright, amounted only to
13641. as.'3d. This Mr. Wainwright knew per-
kitty well. But this was not all-, for Mr. Holmes
had stock in trade and book-debts, good .book_
debts to a large amount, and furniture in his house,
fixtures, &c. which made up the property to be-
tween 20001. and 3cool. In a word, it appeared
that the debts of Mr. HOlmes,•were 13641. and his
property. 44271.. Now,' 'Gentlemen, Mr. Wain-
wright either was or was not acquainted with the
affairs of Mr. Holmes. If he was not, there can-
nut be any thing worse than his taking out this
Commission to harrass Mr. Holmes. If he was
ac-
quainted with them, he must have known that the
Commission was totally without foundation. But
you will be anxious to 'know who the Creditors
were who proved their debts against Mr. Holmes
under this Commission ? They were no other than
Mr. Wainwright himself, and two Attornies ac-
quainted with him, besides the original Mort_
gagee for Soo'. The name of one of the Attornies
is Blackburn, the name of the other is Lee. To
Mr. Blackburn Mr. Holmes owed 451. and Mr.
Lee 611. tbs. all the other debts of Mr. Holmes
did not amount to 3001. and not one of them pressed
him ; yet notwithstanding all this, Mr. •Wain-
. wright sued out' this Commission, and although
there was no pretence for saying that' even his own
interest for 1501 was not duly paid, and Mr. Wain-
wright himself is the Petitioning Creditor suing out
this Commission. Now, it is well known, that
when a Petitioning Creditor claims his debt under
a Commission, the first thing that is asked of him
is, whether he holds any security for that debt ?
and if he says he does, he must bring that to pUblic
sale, -and come in for ;he remainder under the Com-
mission. Mr. Wainwright, knew this ; and he
knew that the moment he had . sold this estate in
houses for 15001. there was an did of the Cogunis-
sion. I now, therefore, refer to you, as men of
common sense and candour, with you think of the
conduit of Mr. Wainwright in suing out this Com-
mission of Bankruptcy ? He had a debt of 'soh dile
to him, fot Which he had complete security, and
two years and a half had been agreed upon for the
payment of the principal. He knew that the mos
meta he proved his debt there would h'e an end of
the Bankruptcy, because it appeared. that -he had. an
ample security for the payment of his debt. Then
I ask you, ss Nether I say too much, When I say,
that Mr. Wainwright sued out this Commission
merely from the motive
,of getting the profits which
he should derive as Solicitor, and to get back his
1501. for the purpose-
of charging some other simple
person with sal. more for making out -a Deed of
Cosiveyance.. Besides the debts of the two other
Attornies, Mr. Blackburn and Mr. Lee, how much
money, think you, was proved of debt. of Mr.
Holmes under this Commission ? 111, and no more.
To whom was the Commission diseiled, would you
suppose ? It was direOed to two other Gentlemen
of the Profession of the Law, Mr. BlackbUrn and
Mr. Lee, both Attornies, and both known to Mr.
Wainwright. A.more foul conduit
„it is impossible
to conceive than this of Mr. Wainwright. I do not
know that a Commission is void by being direeted
to the Creditors of the Bankrnpt, but this I know,
they were very improper persons to whom to di-
tea it.. Mr. Scatchard, a respeaable man, was
included in the names of the persons to whom the
Conimission was direaed. On examination of the
case, he refused to declare the man a Bank.
rupt : and he refused it more than once; but
the other two were for declaring him a Bank-
rupt. Mr. Scatchard. per Severed in refusing to
declare Mr. Holmes a Bankrupt. In the mean
while, it was contrived to. throw Mr. Holmes
into gaol for soh by a person of the name of
Cookson, and then, somehow or other, they got up
proof of an Aft of Bankruptcy, and so he was, at
last, declared a Bankrupt ; he laid in Gaol, with his
Commissionof Bankruptcy against him, for eight
months, without friends, and without assistance ;
at last the Commission was superseded. Mr. Wai-
nwright, the Solicitor under the Commission, and the
Petitioning Creditor, had it inhis power to name
himself Assignee, because he was the only Creditor
Who proved a debt, except another for sal.: hut this
might interfere with his profits as a Solicitor, and
therefore he got a friend of his, Mr. Jacques, ap-
pointed the Assignee. Mr. Wainwright and the
Assignee then proceeded to a sale of the Bankrupt's
effeits.—[Here Mr. GIBBS described the sale, and
stated the sums due from Mr. Holmes, observing,
that no attempt was made to call in the debts - of
Mr. Holmes, which were about azool. nor any of
the stock, which was worth between 3 and 4001.
but they proceeded to the sale of the estate, because
that was the most ready way to ruin this poor man,
and alledged they did all they could to make it sell
as low as possible. The sale thus took place, the man
remained in prison, but a transaaion of this sort,
he said, could not long remain in such a state ; the
man was assisted ; -he applied, in the year 1800, to
have his Commission superseded.]
" I will .not repeat to you, Gentlemeo, what the
Lord Chancellor said of Mr. Wainwright on that
occasion. I shall only state, that he made observa_
tions, on him as an Attorney, and on his youth, and
he expressed a hope, that if, after this, he was per-
mitted to remain On the Roll of the Court, he would
correa his condudL That Chancellor direeted that
the Commission should be superseded; that you will
readily believe, and at Mr. Wainwright's expence ;
that. Justice required, for it was procured by Mr.
Wainwright's miscondua. His Lordship reserved
the Question of Costs for a further hearing. Mk.
Wainwright had full time to prepare-himself on the
Question of Costs ; six months , were allowed for
that purpose. Mr. Wainwright answered the call
as well as he could. He put in such affidavits as lie
pleased. The case was 'most carefully looked at -
by the Chancellor, and at last Mr. Wainwright was
ordered to pay the Plaintiff all his costs ; and as to
the assignment of the Bond; the Chancellor had no

other reason for refusing it, than that he doubted
whether, as it was given to his predecessor, Lord
Roslin, he had power to order an assignment of,
it. Mr. Wainwright had no ground of complaint
against Mr. Holmes. No contrail for payment un-
performed, for which he was entitled to issue out
a Commission—not a farthing of interest due on his
mortgage, and therefore I cannot conceive any mo-
tive in him, except that of pocketing' what he could
gain by it. Now, to shew you the dispositiOn of
Mr. Wainwright towards Mr. Holmes, anti that he
was determined, from'the beginning to the end, to
crush him if he could, I will read to you two Let-
ters which Mr. Wainwright wrote to the Creditors
of M. Holmes, One to a person who had a small
demand, only 81. which was never proved under the
Commission, and which had never been demanded,
but which Mr. Wainwright wanted to he made, for
he took great pains to make Mr. Holmes's Credi-
tors to call'on him for the payment of their debts.
It was dated 18th September, tBo r, before he had
received that useful Leaure which was delivered to
him by the Lord Chancellor. [Here Mr. GI sßs read
the Letter, which, after stating that the affidavit of
the'party was prepared, proceeded to state, " That in
" consequence of the unfortunate omission of a few'
" essential words, the proceedings on the Commis-
" sion of Bankruptcy are now superseded."] Mr.
GIB as asked how Mr. Wainwright dared to say
this, when he knew the Chancellor had delivered
his 'sentiments on the whole case ? He said, that Mr.
Wainwright had concluded himself in this case most
infamously, and therefore it was that the Commis-
sioo was superseded. Mr. GI Bias then read another
Letter from Mr. Wainwright to a Creditor of Mr.
Holmes, whom he had invited to come forward to
press upon Mr. Holmes, but who had declined it :
the Letter had this• observation in ic. It is in the
Law as in Coal-pits, " first come first serve ;" and
then assuring the Creditor, that if he had his orders
to sue Mr. Holtn6, he should obey them. P. S. " You
4, will be so good as not to take notice of my hay.
" ing done
,this."
Mr. Grans then concluded with expressing a
hope that Mr. Wainwright's Counsel would call
some evidence, to entitle him to a reply, in this case,
for he
.was. very anxious to do Mr. Wainwright
justice. On the 'subjea of damages, he said, that
a'ny sum might be given against such a man as this
Defendant, although to the extent of his fortune,
or more, the Jury, would not consider,any thing but
what the Plaintiff ought to receive ; for as to the
Defendant, they. would not consider him who had
not considered others.

In proceeding en the proof, the ComMiision of
Bankruptcy was. read. It. is dated i7th Dec. I Soo,
on the Petition -of Thomas Wainwright, of Leeds,
in the County of York, Gentleman, against
Holmes, of the same place, ironmonger, dealer and
Chapman. It then appeared, on comparing the Petition
and the Record of this Issue, that the Clause of the
Quorum of the Commissioners was not stated in the
Record, and, therefo're
Lord ELL ENBOROUGH held, that this was a fatal
variance, and therefore turned the Plaintiff round ;
hut, said his Lordship, if the•case has any resem-
blance to the opening, it is most alarming ; indeed,
it is matter of regret to me, that this course must be
taken. I would advise this Defendant, if there is any
foundation for what has been stated against him (and
he knows whether there is or not), to try to,prevent
this case from coming here again ; for it must, if
proved, put an end to his charaaer for ever. The
idea is out of question, the thing is out of sight,
that such a man (if What is said be true). should he
permitted to praaise as an Attorney : and indeed
the persons who -aaed under theCommiasion (if this
be true) should never have a Commission direaed
to them. However, lam hound by Law to Non-
suit the Plaintiff.—Plaintiff Nonsuited.

Mr. ERsKI NE said, there were two sides to every
case. The Defendant's had not been heard.

COURT OF COMMON PLEAS, Drc.
SITTINGS AT *WI/DI-SALL, BEFORE LORD ALV FINLEY AND

A SPECIAL JURY.

GILL .V. HOGG.

This was an Adion to recover the half of a share
of a Lottery Ticket that had been purchased by the
Plaintiff's wife, in partnership with the Defendant.
It appeared that Mr. Hogg was the first cousin
to the Plaintiff's wife, and used to go frequently to
visit her at her house, when her husband was not at
home. During one of those visits he expressed an
intention to buy a Ticket in the Lottery, and request-
ed Mrs. Gill to procure it for him, promising her
half the advantage, if any should arise. Mrs. Gill
went to the'office of Mr.,Swift, taking the youngest
of her children .with her, for the purpose of choosing
the number. The child immediately pitched on
23,824, which Mrs. Gill bought a Sixteenth of, and
paid eleven shillings for, part of which was her own
money, and part the Defendant's. This Ticket,
which had been the choice of the child, fortunately
came up a prize of to,oool. The Defendant imme-
diately went with the share to the office where it
was purchased, and received a Check upon Moffat
and Co. Bankers, for 5371. ros. which was paid
into his hands by the Clerk ; he then .applied to a
Stock Broker, and bought 7501. 3 per cent. Stock,
in own name, and appropriated the whole of the mo-
ney to his own. use. At this time the, Plaintiff
knew nothing of the matter. His wife, front private
motives, eloped from, his house, and was away
with her children, three. months, before he knew
where she was ; he then found her in the house of
the Defendant, at Hoxton, where she had been
living since she left him, in a manner, he conceived
to he extremely injuiipui to • his reputation and
credit. He was induced, however, to receive her
again into his abode, at. the reqUest ,of his friends,
and then foundout the affair of the Lottery Ticket,
with other circumstances that occasioned him to
believe the,Defendant had been living in adultery
with his wife. He, therefore, brought the present
Action to recover her joint share in the Lottery
Ticket, preparatory to another ACtion of a differ.-
ent nature.

Mrs. Wardel, a Witness, said she was present
when Mrs. Gill entered into an engagement with
the Defendant to receive the joint advantage arising
from any Ticket, they might purchase ; and wa.,

certain that the PtaintifF did not know wl-eie his

wife was, while she was in the Defendant's house.
Frances Smith was a servant to the Plaintiff's
wife. She knew that her mistress had bought the
Ticket; but she stated, that the Defend.nt had.
given her the money for that purpose. Upon het
cross examination, it, appeared she had been pro"
raised a new gown, by her mistress, when she heard
from the Defendant that the Ticket ha(l come up
prize of to,oool. Upon the whole, it appeared.
that the Plaintiff's wife had jointly purchased the
Ticket, with the Defendant.
Lord ALVANLEY considered her as having Aed.
as the agent of her husband ; but he left the cause,
I,r. the Jury todecide upon as they should think fiti.
begging of them to erase from their minds any re'
judice which they might have imbibed from the re.
presentation of the Defendant's conduft, in violating
the conjugal happiness of the Plaintiff, a circutn~.
stance, he considered, quite foreign to the present
cause, as it was the subjed of a future aftion.
Verdid for the Plaintiff.--Damages half the Prize%

A man of the name of Peele, residing in Coor.
cross, was on. Monday brought to the Police-Officei
liatton_garden, by a Constable, who dcteted
stealing four valuable dogs, on Sunday last, br,
rubbing.his own dog within ingredient which inzie
the rest follow hint. He was co:mnitted for re-ei'
am:nation.

SHIP NEWS.

YARMOUTD, DEC- 20.

Arrived—the Rover, 'Gob, from Colchester; Nancy, Af•
'cher, and Margaretta, Jewell, from Run.
Sailed—the Aim, Gunton; Pitt* Newson ; Catherine and
Mary, Ki-Oght; George and William, -Metcalf ; Fly, 1,41:4,
ridge ; and John, Carter, to London.

GI AvEseND, DEC. 20.
Sailed—the Fortune, , and Vlyst,
Rotterdam.

EIVTH

On Sunday last, at his house at Charing.cross, the Lady of
Charles Drummond, Esq. of a son.

(11 AR R lE. D.

Lately, at Felsted, in Esser, Ayliffe White, Esq• °tKington-House, Wilts, to Miss Dickinson, of Clitfoid"
street.