The Sun.
London, England, 1832-07-06 00:00:00

EX-PARTE ALEXANDER IN RE ELDER.

This was a petition tor an order of the Court to the
official assignee, Mr. Abbott, to pay the petitioner 68/.,
being the amount of a dividend declared by the Commis..
sinner in the bankruptcy of Elder. The question in-
volved a point of much importance as to the duties
of the offirial ass'gnees. The facts out of which it
arose were these :—Elder, a horse-dealer, having had
a commission of bankrupt sued out against him
on the petition of Alexander, a horse auctioneer, a
person named Iliad, nephew of Alex older, was, under his
influence, chosen sole creditors' assignee. Israel immedi-
ately appointed his uncle as receiver, and be, in point of
fact, afterwards exercised tae duties of assignee,—his
neyhew not at all interfering, except to make pay-
ments to him for hiss rvices as receiver and as auctioneer.
The debt of Alexander amounted to 125/. ; the estate
amounted to 1,2001., out of which, Israel paid his uncle
4341. for different charges. Amongst others was one of
7i. per cent. on the sale of horses. When the official as-
signee came to see these charges he objected to them, and
showed to the Cuutumissioner that many of them were ex-
horbitant ; and the Commissioner said a part of them
ed, and tame eiven to investigate others.
Whilst this inquiry was pending, the Commissioners
ordered a dividend of 1 Is. in the pound of the money in the
hands of the officiil assignee, who arc nalingly sent his
cireular to all the creditors, calling noon them to come
fir their money. Alexander went to receive his dividend,
but the official assignee refused to pay him till the in-
quiry respecting his account was concluded. Upon this,
Al. xander presented the present petition to the Court.
The case having been argued on a former day,
The CetIKT this morning gave jud,zment. The offi-
cial assienee was merely a ministerial iiffieer. hound by
the Act and the orders of the Court to obey the direc-
tions of the Commissioner. No doubt he had acted
in this case font the most praiseworthy motives, but
the law gave him no power to exercise a discretion as
to whether lie should, or should not obey the orders of
the Commissioner.

The prayer of the petition was consequently granted, but
without cots against the official assignee. The G•tut
iurtherotered, that the proceedings should be impounded,
with a view to an inquiry into all the facts by one of the
judges of the Court ; so that if Alexander could not satts-
factotily account for the monies of the estate which had
come into his hands, means might be taken to prevent
him receiving any benefit from the success of his petition.

COMMISSION OF LUNACY.

(Continued from The Sun of yesterday.)
BAGSTER V NEWTON.

Frances Holland,a servant in the family of Alder-
man Crowder, deposed to various acts of violence
on the part of Miss Bagster; at Brighton witness
found her in her bed-room looking in a glass, and
she held a lighted candle so close to the glass that a
gauze handkerchief which was hanging there took
fire; witness told her that she might have set the
window-curtains in fire, and she said, " what if I
dal ? how cross you are ;" their journey to Gretna
has not improved her, and she has behaved in a
most violin mariner since; a fortnight ago she at-
tempted to strike witness with a poker; speaking of
the Gretna-green journey, she said she thought she
had been very foolish ; and she mentioned the
names of Mr. Smith, Mr. Perfect, and whets, saying
she should prefer them to Mr. Raymond Newton.
She has often spoke to witness as being in a certain
condition, in consequence of her elopement, but
winless checked her ; she said she thought there
would be no harm in living with different gentlemen,
bet she (witness) was foolish and oldmaidish in
her stay,, and did not think as she (Miss Bagster)
did, that there was no harm in it ; she did not ap-
pear to have any moral sense or feeling on that sub-
ject.—[The witness was then asked if she believed
Mss B igster was enceinte; and she said she h,-
lieved not—in fart, she had no doubt about
Speaking of Mr. Newton, she said he had a bro-
ther, whom she had rather be married to than Ray-
mond, as he was mad, but she hoped she had not
caught her madness from him ; on Saturday week,
she took a brass rod from the stairs, and said,
" Wh, re is my mother, that I may get at her ;"
since she came from G. et na-green, she wished Alder-
man Kelly would marry him, because she would be
made a Mayoress.
Mr. LAW—When De. Haslam said she would bf.
put in a madhouse, she in a childish manner took
him by the hand ; now I ask you, when she took
Doctor by the hand, (1111 she not say, "as a friend
of my grandhithell-, I beg you will not put me in a
madhouse ?" Witness—She begged lie would not
put her in a madhouse.
Mr. LAW —I repeat it. Did sire not say "As a
friend of her gi atolfar her ? " 'Witness—She did
say so. [On ibis answer being given, severil ladies
.rid other persons in Court exhibited their feelings
by clapping their hands, which was checked by the
(..ommissioners] The witness also stared that she
heard M,ss Bagster say that she was introduced to
the Duke of Wellington, at the ball at the Mansion-
house, and that she dined with a gentleman who ap-
peared to be an officer.

- Mr. LAW— How many men were introduced to
her as doctors, after her return from Gretna-green ?
Witness—Five or six.

MI LAW—How many hours were each of them
with her ? Witness—l cannot tell, as I generally
left the room; bur when Dr. Ha-lam was there,
Miss Bagster was so much alai med that I could ►got
leave her.

Mr. LAW— Was not Dr. Hislam the first person
from whom she received information of tie Doctor's
visits? Wiliess—l think he was.

Sir G. Tuthill deposed to visiting Miss Bagster.
He 'bought she was of unsound mind, and incapable
of taking care of herself or her property.
Mr. John Bowling, a surgeon, at Hammersmith,
had attended the family of Alderman 4 rowder; he
had frequent opportunities of seeing Miss Bagster;
.he has always been trerved as a person in an imbe-
cile state of mind ; she never appeared sensible of
any impropriety she had committed. The ladies
having been requested to leave the Court, the wit-
ness stated a conversation he had with ,liss Bu-
sier, from which it appeared that familiarities, simi-
lar to those that took place after their marriage, had
Aiken place between her and Mr. Newton, iii the
carriage, on their way to Gretna-green.
At the conclusion of the examination of this wit-
ness, the further hearing of the ease was adjourned
till ten o'clock to-morrow (this) morning.