The Sun.
London, England, 1819-04-20 00:00:00

SMALL DEBTS.

MR. EDITOR—In your publication of Wednes-
lay, tinder the above title, you seem to wish the
Legislature to erect new Courts for the
_recovery
of Small Debts, from which it appears you are
3)01 apprized that there at present exists in every
county a Court, in which Small Debts pot amount.
ing to 40s. may be recovered by process issued.
from the Sheriff, and in the same Cnurt, debts
to any amount may be recovered by issuing a
Writ of Justices, returnable before the Sheriff in
hi, County Coort, which is held every month, and
iu some Counties twice a month. Now, it appears
to me, that if these County Courts, instead of be-
ing held always at one place (she County Town),
wet e held alternately in every large town in the
tomcy,, jip•iiee would by that means be' brought
bt-tie to evety mio's door under the- present
existing laws, and at a very trilling e.xpence
but at the time it would be necessary that
the Courts at W.stnonster should not allow ac-
-1)1,113 to be brought. there unless they amonnted
lo a certain sum ; !or instance, as no Per Sou Call
now be hell to bail for a less sum that, 151., or
1.01. it c .se the debt is ilium a Bill of:Exchaoge
or litouliss,ory Note, if the Courts above would
order, that upon arty action in those Courts, it
the idsiatitl did not lecover to .1.:1.at amount, he
should only be allo,ied the same costs as he would
have been entitled to if the action had been
);rottglit in the Goon y Court, it would, in my
()pinto!), answer every purpose, and completely
check the present nefarious practice of bringing
actions in the Superior Courts fur ttifling sums,
that has no other object than the increase of
costs ; fur it is really dreadful in atteoding an
Assize to see the valuable time of the Judges
taken up with the trifling causes that come before
Oven). a majority of which are frequently for stints
under 151. ; but as all causes that are brought in
the County Courts are removable into the Courts
above, unless such an order as before-mentioned
is made, the evil cannot he remedied ; and if the
Sheriff were to hold a Jury-day .once in three
months atter every Quarter Sessions, for the trial
of such causes as are defended, speedy and sum-
Mary Justice would be easily obtained.
NiAcastic, April 16, 1819. ATTORNATUS.

SEDUCTION.

PLYMOUTH DOCK, TOWN HALL, APRIL 15.

CROSS V. BUDGE.

ififfire G. EASTLAKr, Esq. Deputy Sheri f.

A Jury was assembled this day at our Town
had, under a Wiit of Inquiry of damages. This
cause was an action brought by Mr. Peter Cross,
Torpoint, against the defendant, John Budge,
formerly a rope-maker there, but now living at
Callington, to recover compensation in damages
for the seduction of his daughter, Tabitha Cross.
The case on the part of the plaint ff was stated
by Mr. BozoN. It appeared that in the early part
of the year 1813, the defendant, then 25 years of
age, came to lodge at the house of the plaintiff,
with whose family he was before that time in the
habits of intimacy ; he had previously slieten at-
tention to Miss Cross, at that time only 15 years
of age, and availing himself of the facilities which
the situation as a lodger afforded hint,
.effected her
seduction, the result of which was the birth of a
child in the early part of 1814. ht July, 1813,
he was detected an extensive traffic in -the
King's stores, for which he was tried at the Lent.
Assizes in 1814, and received sentence of trans-
portation, in execution of which be was sent to
the hulks at Portsmouth. In the summer of
1817, he was relieved flow the sentence of trans-
portation, by the effect of a pardon which had
been procured for him ; and duritig the whole of
his imprisonment he kept up a correspondence
with the unhappy victim of his base passion, pro-
mising every reparation in his power, if he should
buccerd 111 obtaining a mitigation of his popish-
Anent ; but though his business of a ropemaker
was still carried on for him at Torpoint, he had
not contributed any thing to the support of Miss
Cross or the child, which died at the age of five
months.

The letters by which this correspondence had
been maintained were produced and read, and
contained the strongest expressions of affection,
interlarded with religion, and Were pointedly ani-
infulverted upon by Al r. Bozon. No sooner, how-
ever, did the defendant obtain a pardon, thani in-
stead of fulfilling his promise to this.still confid-
ing and affectionate girl, he basely attempted, by,
every possible means, to repeat an intercourse
which had already proved so destructive to her
reace and happiness, impressing upon her the be-
lief that he intended to marry her, up to the very
time in October last, at which, to her unutter-
able surprise, she found be had become the hus-
band of another woman

This statement was fully confirmed by the evi-
dence of Miss Cross and' several respectable inha-
bitants of Torpoint, from whose testimony it ap-
peared, that up to the time of her unhappy con-
i►exion with the defendant, and since that period
to the present moment, her conduct bad been
wh►►lly irreproachable ; and such was the sym-
pathy excited by her unhappy situation, and the
inability of ber,fatl►er, the plaintiff, to support her
and her offspring, that * subscription bad been
raised in the neighbourhood for her relict.
The defendant's case was conducted by Mr.
Haas and Mr. MARTINI, of Callington.
The Jury, after remaining upwards,of an hour
deliberation, returned with a verdict for the
plaintiff—Dainages 2001.

BANK-NOTE FORGERIES.—YeSteIdFIy one Henry
Dart, a pieparer and utterer of forged Bank of
I,:;ogland poles, and Mary Ann Griffith, who co-
11:thited with him, were committed for trial from
Hatton-Garden Office, charged with having iu
their posscbsion no less than 22 one-pound notes,
purporting to be those of the Bank of England,
nut! also three unfinished, or " skeleton notes"
of the same. aruuunt, all of which were proved to
gorged.

LAW INTELLIGENCE.

COURT OF CHANCERY, APRIL 1/,

EX-PARTE NIASS.

This is a case of coniderable importance to the
parties, and one of some interest, as it relates to
the question of Trial by Jury in cases of Bank-
ruptcy. The following is a very brief sketch of
its merits :—Mr. Niass, shortly before the docket
was struck against him, sold an estate, called
{Thingford Hall Farm, to his brother. On these
premises was certain furniture, of which he, the
bankrupt, gave an account to the assignees, who
sold it to him again for 1001., two Gentlemen
having advanced the money tor him. Some time
after the bankrupt and his brother quarrelled, and
from the circumstances that came out, the assig-
nees forcibly entered and seized the property, for
which Mr. Niass brought art action, and recovered
a verdict with 370/. damages, on which hey ap-
plied to the Lord Chancellor to grant his certifi-
cate, which was opposed by the assipees. The
case then wel.t to the Vice-Chancellor, who, on
.the hearing, directed an issue to be tried as to the
validity of the sale to George Niass, the brother,
patting out of the-question all the other charges
made against tv,e bankrupt. Au appeal was then
lodged sgainst the decree of his Honour, and thus
the case this day came before the Lard Chan-
cellor.

Mr. M6NTAGUE, in a speech of two hours'
length, contended against' granting the cCrjticate,
arguing, that as the verdict of a July was not
bindin upon the Contrnisioners, 50 it o,told not
be upon tine Lord Chancellor, who was bound by
the statute of bankruptcy., not only to have no
doubt-or a fraudulent 'intention, but no reac/11 to
entertain such doubts.

Mr. MASS, in person, defended himself with
much ability, and respectfully, against the charges
made against him ; in the course of which, he
said, the whole of the affidavits filed against him
had been disproved by the viva voce. evidence of
the parties themselves, %ellen in the witnesses
box. He courted inquiry lute his conduct ; he
had been aspersed; and all he asked .was, to be
put in the same situation in the opinion of his
countrymen that be had previously steed in. He
cited several cases, and read the summing up of
the Judge who tried the cense at the Assizes;
and, after speaking at some length, respectfully
bowed, observing, that whatever train his Lord-
ship might in his wisdom he pleased to place the
case in, he would willingly conform to it, ask-
ing no more than to have the ease gone into
thoronghly.
The Loma CnANCFLLOTI then proceeded to com-
ment on the case. His Lordship, feeling the im-
portance of the present question, had come to
Court this day for the purpose of hearing it, with-
out obstructing the other business, and be would
now lay aside every thing but the Chingford Hall
Farm. It must be borne in mind that accusation
was not proof. It had been asserted that Thomas
Niass bad fraudulently concealed a part of his pro-
perty, and assigned it to his brother: this was the
point on which the Vice-ChancellOr, as the prin-
cipal, had rested. It was really a pity to see a
father and son at so much -valiance with a brother
and father. His Lordship had been forty years
in the Court, and he did not think a case had
ever been sent .to a Jury to try the validity of a
bankrupt's certificate; and nut trusting to his own
memory, he had called on the Bar to inform him
of the tact, and it appeared there never had. It
would he with great 'caution he should send the
present to trial; but he did not say this, that it
might be supposed that he had not as great re-
spect for Trialby Jury as those who spoke more
about it ; " and," said his Lordship, " I hope to
God this country will never part with it." If the
Court were to send cases like this to a Court of
Law, it would incur expences, the one-tenth of
which a bankrupt could not bear. It was much
to the credit of Niass, that he, a bankrupt, had
been able to raise friends, which was not the case
of nine out of ten. His Lordship adverted to the
charges of delay made against hint, and observed,
that. the aortic' y Ice had experienced had enabled
him to keep 'fund& front the bands of sons who
had no tight to claim them. He also adverted to
the repot t of removing the Bankrupt Cases ft om
the Court of Chancery, which his Lordship thought
could not he done without placing them under
similar jurisdiction. It was but (air on tile part
of Mr. Niass to say, that he had invited every in-
quiry, and the Court might depend, that in com-
ing to a conclusion, his Lordship would follow the
only course he could with strict justice to all par-
ties. He should, probably, before giving final
judgment. see the Judge's Report, for the pur-
pose of spewing the parties that such conduct
should not be pursued with impunity : and When
his Lordship was informed if the new trial was to
be persisted in or not, he would finally settle the
case.

The cause excited considerable interest, .and
many of the creditors were present.

COURT OF KING'S BENCH, APRIL 19.
Loudon Sitting before the Chief Ja4llee and a Special Jury.

CONSPIRACY.

THIt LING V. WILI.IAI4 FIRTH AND OTHP.R9.
This was an indictment against the defendants,
Firth, John Tate, Thomas. Hodgetts,
James Brown, Win. Sherwood, Wm. Brooke,
Joseph Taylor, James Law, David Biggers, and
two others, for conspiting to sue out a fraudulent
commission of bankruptcy. against one John
Smith, and forging and fabricating, and sweating
to certain bills of exchange, in order to carry the
said commission into effect.

Air. GURNEY, £4lr. PULLER, and Mr. DENMAN
conducted the prosecution.
Mr. CUB WOOD appeared as Counsel for the de-
fendant Hodgetts Mr. BARRY, for the defend-
ant Biggers ; and ADuLPtills, 101 two other
defendaut:4..

Tile case opened against the defendants was
this :--Tl►e supposed bankrupt, John Smith, had
been a clothier .at polinfirt Li, in Yorkshire, and
being embprassed be came np
,to
London i❑ the Autumn of 1817, to look after
some property which had been attached by a cre-
ditor named lf.yder ;. he formed an acquaintance-
si►ii► withthe defendant Firth, who proposed to
him to bet:owe a.: bankrupt. as the oply ateatis

bf reliCving him From hi 3 diaicultles; to
‘vhich proposition, Sqiith, after some persua-
sion, acceded; • and with the•assistance of the
other defendants, the proposition wag carried
into effect by the following means. A list
of fabricated debts was made out, so as to
form a majority against the bona fide creditors,
and by such means to have the choice of assignees.
;I' he defendants pot themselves forward as claim-
ants upon Smith's estate, describing themselves
as merchaws, cornfactors, and persons in respec-
table business, being in fact pennyless beggars,
to whom Smith did not owe a single farthing.
F6r their services they were to receive handsome
douceurs from the bankrupt in the event of the
plan succeeding. Having made ont a list of fa-
bricated creditors, the defendant Hodgetts called
upon Mr. Pullen, a respectable-solicitor, and up-
on the plausible representation made to him
he was induced to undertake the business
"of suing out and working the commission
The commission having been taken oat,
notice was sent to Smith's bona fide creditors in
Yorkshire, to attend the meetings of the com-
missioners, and they authorized an agent to act
for their interest in London. Several meetings
were had of the defendants, and Hodgetts and
Browne were chosen assignees, and by virtue of
the fraudulent authority they had acquired, the
remaining effects of the bankrupt. at Hohnfirth
were seized and sold by auction to the bankrupt's
soli, for which lie gave his acceptances. Int the
course of the proceedings, iVIr. Pullen eery soon•
.
discovered that the conduct of the defendants Was
founded in fraud and deception, and in conse-
quence of the inquiries made, the bona fide credi-
tors instituted the present prosecution. Two of
ttte defendants were stated to be agents of the
Insolvent Debtors' Court, and the others to he
men in the lowest class of life, without all cre-
ditable means of livelihood.

A vast body of evidence was adduced, to sup
part the case, of Which the above is a sketch ;
and the. examination of whom, with the subse
Anent *summing up of the Lord Chief Justice,
occupied the Court till a quarter before seven in
the e.Vening.
Mr. [lmlay-addressed the Jury on the part of
Riggers, and Mr. Ctiawoon on the part of Hod.
getts ; and certainly each Gentleman made the
ablest appeal which the nature of the case would
admit ; and forcibly pressed the utter incredibility
of the bankrupt Smith, who was the 'principal,
witness,, and who had acknowledged not. only his
guilt as all accomplice in so gross a fraud upon
his creditors, but his perjury in swearing to the
truth of his false and fabricated schedule, upon,
his second examination before the Commissioners
of I.3.okrupt. That consequently his testimony
was wholly unworthy of any Credit, unless it was
borne out by, that Of other witnesses upon the
trial ; and whose evidence, although it was al-
lowed to be pure and unimpeachable, yet did not
bear out the -principal points sworn to by Smith,
but more especially. towards the clients of those
Learned Gentlemen respectively.
No. evidynce was adduced for the defence, bear-
ing on auy of the charges in the indictment.
The defendant, Law, addresQed the -Jury in a
written vindication, totally dey►ying any other
concern in the whole transaction than tnerely that
of a bill broker accepting an accommodation bill
fOr Smith, the bankrupt, to enable him to raise
money and relieve his embarrassmerts.

The Learned Judge, however, summed up the
evidence for tl►e Jury, and. was clearly of opinion
the conspiracy was fully and satisfactorily proved
against all the defendants ; and though every tact
sustained was not brought home to each, iodivi-;
dually, yet the whole train of this nefarious plot
was Cully proved, and every one of thedefen-
(tants shewn to be combined in it, for one com-
mon and niUtual purpose of fraud.
The Jury, witliont five minutes hesitation,
found the whole of the defendants Guilty.

ADJOURNED ADMIRALTY SESSIONS.

OLD BAILEY, APP.I,L 19.

CASE W MURDEtt.—llenry, alias Duckay, alias
lloggy
.Wells, was indicted for aiding and assisting
one John Gillam, William Brock, alias Wily Rock
(since executed), and several others, in the wilful
murder of Joseph Marlin, mate of the Foircs cline
cutter, about six leagues.frpm the Smith FoLe-
land, in the County ,of Kent, on the Bth u• -y of
August, 1815.

The tact of the murder by the crew of a smug-
gling boat was clearly proved, but ten witnesses
who were called, failed in establishing the identity.
or the prisoner as one of that crew.
Mr. Justice BEST recapitulated the 'whole of
the evidence, and the Jury having retired for
about 20 minutes, on their return found the pri-
soner—Not Guilty.
There were other indictments against the pri-
soner, but the Attorney-General declined offering
any evidence upon them ; he was consequently
declared Not Guilty, and ordered by the Court to
be discharged.
Immediately upon his liberation, the prisoner
was again taken into custody, upon a warrrokt
obtained by the Board of Excise, for another of-
fence, acid conveyed away in a coach. He was
to undergo an examination upon this charge this
day.

KILLING TIIROUGH FURIOUS DRIVING.—An
Inquest was held on Monday, the 12th instant,
at the house of Thotnas Might, White Bear,
Motley, before THOMAS STIRLING, Eiq. on the
body of Wm. Matthews, thiree years and a halt
old, son of Mrs. Matthews, of the same 'place,
who was run over by a post-chaise through the
carelessness of the driver, be being on the wiong
side of the road, and racing with two other chaises.
After hearing evidence, the Coroner said, he was
folly of opinion that the post-chaise 'drivers
bad been negligent ; but begged the Jury, alter a
minute consideration of the case, to•give a verdict
to the best of their judgment its the present. me•
lartcholy event. - .The Jury retired for some
min returned a verdict of Manslaughter againq
George Gidtions, Thontas.Townshend, and Samuel
Viols. The Coroner accordingly issued his
warrant .for their apprehension, in order that they
may take-their trials,