The Sun.
London, England, 1821-09-24 00:00:00

ASSIZE INTELLIGENCE.

LANCASTER, SEPT. 20.
THE KING AGAINST RIDGWAY.
.Mi. Serjeant liuLLOCK.stated-that this was an indictment
against the Defendant, DaYid Ridgway, for `publishing a libel
against the-King, the Constitution, and Laws of the Country.
The duty Of a prosecuting Counsel, on matters of this sort, lay
within a narrow compass ; and he did not feel disposed, at any
time, to exceed the limits Which, in his judgment, belonged to
his situation. In this instance, more partuailarly, he felt Fit
disposition to do so ; for it appeared to him that the language
of this publication was too plain, and its object too distinct,
specific, and manifest to be misunderstood by any person, who
applied a fair and impartiolunticrstanding to the subject., It
would, therefore,' be an impertinent waste of time if he was to
occupy much of their attention in the outset.
The libel, entitled " A New Year's Address to Reformers,"
was the lafne Tor. which Mary Ann Carlisle was tried in Lon-
don,. when the Jury separated without coming to a verdict.
The ease was stated to the Jury by Mr. Serjeant BULLOCK.
MI, 'BROUGHAM addressed them for the defendant, in a
speech Of considerable length.
The Jury, after deliberating about twO minutes, returned a
verdict of—Guilty.

SHERIFF'S COURT AT LANCASTER.
HARSNETT V. 'COOKSON AND OTHERS.

This was an action brought against tii.lizferTd:nts, the Pro-
prietors of one of the coaches from Liverpool to Manchester,'for
carelessly driving the coach on the 2lst of May, by which it
was overturned near the new bridge, Water-street, in Manches-
ter, and the Plaintiff's wife was dreadfully hint. She got a
violent bruise on the hip and another in the bosom ; her 'face
was also much lacerated, and will be, marked for life ; she was
confined for six weeks in M
anchester before she could be re-
moved to her residence at Liverpool; and she is not yet rem-
vered from the effects of her injuries. She was :in a state of
pregnancy at the time. As the defendants had permitted
...Judgment to go by default, the only question for the Jury was,
the amount of damages : these they fixed at Three Hundred'
Pounds, and that sum was awarded to the plaintiff.

BANKRUPTCY of HOWARD and GIBBS.

The second meeting of the creditors under
this commission having been appointed for Saturday, and it
being confidently expected that a .choice of assignees would
• take place at this meeting, there was a very numerous atter.-
dance of creditors. Amongst those who tendered their proof
were several very elegantly dressed females.
Mr. lIITCHENs claimed to prove upon two bills of exchange
for 10001. each, drawn by a young Marquis, and accepted by
the bankrupts. Mr. KITCHENS had, on a forther day, proved
for two similar bills which he held at the time of the bankrupt-
cy. The creditor now stated that he could not prove for these
bills under the former commission; when he lissoved •the other
two, inasmuch as he had them.not in his possession at the time.
Mr. MosuraGuE now objected to Mr. llitchens' proving for
these bills, inasmuch as his name was not upon them, and there
were two. other persons who had endorsed them: - -
Mr. HITCEIENS, in explanation of that circumstance, stated
that the bills came into his possession, and he gave money-for
them, under the following Circumstances :=The Marquiss had
drawn, and Howard and Gibbs accepted, four bills for 1,0001. each;
when dile they were not paid, and the Marquess was threatened
with legal proceedings. He, Mr. Ilitchens, knowing the Marr
guess, was anxious to save him from inconvenience; and on.four
new bills being drawn by the Marquess, and accepted by the
bankrupts, he took them, as broker, to endeavour to get ttiern
discounted. Not being able to get them discounted immedi-,
ately, he, Mr. Hitchens, advanced 4,0001. of his own money to
Messrs. Iloward and Gibbs to take up the four hills over due.—
After keeping the bills some time, ne got the two for which he
now claimed to prove, discounted by Mr. Ridgway, who passed
themtti Ni-r. Salter, he (Mf...llitchens) being only the broker,
not putting his name on the bill. On the hills coining due, and
the bankrupts not-paying them, Mr. Salter applied to sir. Ridg-
way, and received his money back. Mr. Ridgway then ap-
plied to Mr. Hitchens, on whose recommendation he had dis-
counted them, to have his money back : and on Wednesday
Mr. Hitcheni paid the amount, and now desired to prove for
them against the bankrupts' estate.
Mr. MONTAGUE contended, that legally, Mr. .Hitcher
could not do this, inasmuch as his name,-was not on the bills,
and they were not in bis possession at the time of the bank-
ruptcy. The Learned:Counsel cited several cases, in which it
was stated that an individual transferring a bill to another with-
out indorsing it, could not recover or prove afterwards against
the bankrupt's estate, This decision was founded on equity,
for it might happen that thebankrupt's estate might have a set-
oft' against the individual holding the bill at the time of the
bankruptcy. •
After some further observations from Mr. Hitchens, who
urged that he had advanced the 40001. in fact, for Messrs.
Howard and Gibbs, to enable them to tame up four acceptances
of their's over due,
The Cointhissioners expressed a wish that the question should
stand over till the next meeting.
Mr. CAXXOI.'s CLAI3I.---Mr. MONTAGUE then rose to ad-
dress the Commissioners in support of Mr. Carrol's
Mr; 'slit (Mr. Carrol's Solicitor) was anions to apolOgira
to the Commissioners for air. Carrot's non attendance on the
day formerly appointed. Mr. Carroll. however, understood at
the time, that Mr. Montague had given notice to the Coinialis-
sioners of certain circumstances having occurred, which pre-
vented his doing so on- that occasion ; he would not, however,
fail any future appointment which the Commissioners should
make.

Mr. MoNwAouE said, he should have to detain the. Commis-
sioners but a very short time on this occasion. The non-atten-
dance of Mr. Carrol, at the last appointment, arose put of the
following circumstances :—On looking over Mr. Carrol's pa-
pers on the subject of his present claim, a short written memo-
randum was found, dated December, 1820, signed by Howard
and Gibbs, in which they gave to Nil. Carrol a claim on a cer-
tain estate, their property at that time, for 16,000 L When this
memorandum was read, it struck Mr. Carol's legal advisers
that it was die: foundation of a good security ; and as Mr. Car-
rol preferred a live man• to a dead one, it beCarne a matter' of
consideration whether they sc ould not abandon their claim for
so much against the general estate of the bankrupts, and en-
force it against this particular estate.., -A consultation had ac-
conlifigly been held, at which Mr. Preston assisted ; and this
caused' so Mild' delay as to prevent their attending the Com-
missioners at the time appointed. -.
M r. TuiNsLAw said he had heard it stated that Mr. Carrol in-
tended to abandon his proof to the amount of 16,0001. and en-
force it against the estate in question.
Mr. CA It LO r. was desirous of knowing from whom the Learned
Gentleman had heard this assertion, for which there was no
foundation.

Ai r. ortt AG yE assured his Learned Friend 014 abandoned
ngthing,

The Commissioners said they would take the. claim at the
next meeting..
Mr. KENT applied to prove for 40001. the amount of four
bills of exchange, accepted by Mr. Gibbs, the bankrupt.' Mr.
Kent's affidavit.was put in, in which he swore that he had give!'
to Mr. Gibbs full Yaltic in cash liar these bills.

Mr. MONTAGUE. wished to examine the bankrupt upon this,
transactioP, to prove usury.
Mr. ItosE submitted this could not be done.
deposition was the guide ter the Commissioners.
The COMMISSIONER.-44 Mr. Kent, what consideration did
you give for these bills ?"
Mr. KENT.—" The full consideration, 40001., by a check
on my banker."
The COMMISSIONER..--" Minus the discount, of course:"
Mr. KUNT.—" No, no discount; I gave a check on my
banker for 40001. dated, 1 think, the tith of October. My check,
no doubt, is in existence."

The creditor'

. .
Mr. MostrAauE still maintained his right to examine the
bankrupt on this subject.
IIOSE denied that right. An inquiry,,as .to usury, must
be Made in another shape.
The Uommissioners decided that. the bankrupt should be exa-
mined ; and the examination was fixed for the next meeting.
If they should see any reason to think there was usury, still
they were not to say the debt was bad ; ail they would then
have to do would be to direct the creditor to present his petition
to the t hancellor, that the transaction might be tally in!.
vestigated...
_ _ .

Vie Commissioners then. appointed Saturday, the I3th of
October, fbr the choice of assignees,.and said they would pre.
viou.sly have two meetings, at which the creditors micht attan4t
and prove their debts. The meeting then adjourned.

FOREIGN INTELLIGENCE.

FRENCH PAPERS.

PARIS, SEPT. 20.--A letter received at Bor-
deaux states that Riego haying refused to obey
the order for him to proceed to Lerida, had
been arrested in his flight, and conveyed to Sara-
gossa.