The Sun.
London, England, 1804-11-27 00:00:00

SMYTH v. CHERRY.

Mr. Serjeant SHEPHERD moved- for a Rule to
shew cause ,why• the D4endant should not be dis•
charged from the King's Bench Prison, in which
he was confined for the allerigni amount of a . Bill
of Exchange. The affidavit, which was.the ground ,
of the motion, stated, thar.Smyth,.k.n. son to the-
Plaintiff, and Cherry, the Defendant, entered some
time againto partnership, which being since dis.
soived,' the Plaintiff wanted him to assign over
his property, in compensation for that which he
gave his ton, is capital, on joining him in business :,
but on the Defendant'• refusal, the Plaintiff:had him
arrested for a certain Bill of Exchange; which he
never received,• nor was at all acquainted with ;
that his late partner, Smyth, junior, who, he !nide
no doubt, received the amount, was present at •the
time, and so far from being arrested, was employed
to assist the Sheriff Officer in concluding' him to
gaol. This he considered both pointed and gtiev.
ous ; for if he, the Defendant, was sued for a debt
said to have been cOntratied by his partner, surely
the latter ought to be sued or arrested for his share.
The Deponent, or Defendant, flid not mean to say
that the capital brought into the firm, by Smyth,
junior, was not advanced by the Plaintiff, but,
Went no farther than to deny; in the most positive
manner, having any knowledge of the Bill of Ex..
change.
The. Lotto Clitlf I jUsTICE observed, that from
what appeared as yet on the subjea, it was very
questionable whether the Bill showd be put to the
account of the firm, or considered a ,private trans:.
action between father and son.—Rule granted.
Mr. M'Mahon, an Irish Barrister, was brought
up from the King's Bench to.day, by order of the
Court, and allowed to move for a Rule to shew
cause why the execution on which he was con.
fined should not be set aside. Their Lordshipst.l
after paying great attention to the affidavit on which
Ke founded his 'applic'ation, granted the Rule, and
listened with apparent interest to his solicitation
afterwards, for leave.to attend in Court on what.
ever day cause might be shewn against the objeff of
litsinotinn. On proceeding to address himself to
the humani,y Of the Court, and claiming its interpn;
sirion to relieve pith frOm oppression and dormice
vile, their Loidships interrupted him by saying,
that they complied with his request, and should or.
der him tote bit.ught up accordingly.

•Noless aat than 36451. Jas. 7a. has been col.
leCfed and distributed among the sufferers by the
late fire at Chumleigh, in Devonshire noble
instance of thergenerostty of the British Public.
A tn. at alarmirig fire broke out in a corn atilLat
,Alloa, on Monday se'nnight, supposed to have
taken place from a spark falling limn a candle
amongst some-peats., It was, hoWevet, got under
without any considerable damage.
On Saturday sennight; about seven o'clock, a
dreadful fire broke Out in the extensive cotton lac.
tory, in Preston, belboging to. Messrs. Watsons
and Cat terall.• The fire immediately became so ra,..;
pid, that the deatruelion of the whole building 4as
expeeted. The several fire.engines in the town
were brought to the place, and were, by uncommon
judgment, exertion, and perseverance, so success.
fully played, as tn'prevent the extension of the fire,
the moths of .the fattory being, fortunately, divided
brpartition walls ; and, in the course of two hours,
it ,was completely got under. The whole of the
Volunteers of the town, with .Gen. BuLiveß anti
his Staff; . assembled with the utmost alacrity, and
rendered great assistance, in vatding the, property
which it was prudent to remove from the linilding,
as well as the fuinittire fiom Mr. Catterall'i house,
which adjoins the falory ; and also in preventing
the roads leading to it'fren being impeded.

BlRrtis. •
On Thuc.4lay list, at 13:11don-Mouse, Oxfordshire, the Lady
of Sir C. Wo.loughbv, Bart. at a Daughter. •
• On the '22d inst. in Prince's-street, lianover-square, the
Lady of th 6 Rev. William Penny, 'of flecktield, HAnis, of a-
Daughter. -
LAtely, the Lady of N. Wells, Esq. of Piercetield, of
.a
Daughter.
On the isth inst. at A berdan, Mrs. Macpherson., Lady of
Dr. Macpherson, of a Son: