The Sun.
London, England, 1821-01-19 00:00:00

[The Public Ledger.]

Some Cadi4 Papers have arrived. The intel-
ligence which 'the.y supply from Madrid has been
anticipated by the French Journals. They con-
lain some Extracts from The Barcelona Gazettes,
which condemn, in severe terms, the apathy ma-
nifested by the Government with regard to the
excesses committed on the frontier and in the in-
terior of Spain by smugglers and-banditti of every
description ; and which also 'reprobate the con-
duct. of the Anied,Sovereigns with regard to Na-
ples. On the subject of their hostility to the
Spanish Constitution, • one of these' Journalists
.makes* the following 'reflections :—" The. Sove-
reigns who now think this, are; the same who, a
few years ago, solemnly recognized this Consti-
tution, which then.aroused them from the lethar-
gy—from the humiliation-7-in which they were
plunged—which Was the basis to preserve their
Thrones, to support their vacillating. sceptres,
tO., recover their dignity, their honour, and
their rank. We are far from comparing Lay.:
bach with'...Bayonne ; Ferdinand IV. with Fer-
dinand VII: ;' or the. Emperor Francis with
Buonaparte. if any acts of injustice, 'like
those committed by the Usurper of the .Thione
of the Bourbons should be seen in' our hands, we
shall not impute it to the Sovereigns, but to their
evil Counsellors. Meantime Ferdinand is gone
to -LaybaCh, bent for what ? It can only be to
repeat by word of mouth what he has frequently
declared to ,the whole world. And what may
be the, result 8f thi new Congress ? The Nea-'
politan Nation will not -yield ; the Monarch
will maintain his oath ; the Cabinets, meantime,
will introduce delusion, inflame people's minds,
excite parties; outrage the law 'of nationsbut at
`The same time they will animate in the people the
tove of liberty ; they. will cause men-to reflect. on
their-rights,. and on the means of, recovering
them, 'and of establishing them on more
solid foundations thAt they have hitherto had,
&c. &c. - Naples will be invaded, and the Spa-
niards cannot look at its situation with indiffer-
ence &c. Sze."

LAW INTELLIGENCE.

COURT OF KING'S BENCH, 3.w.

HEATHFIELD AND ANOTHER, THE A.:STO;NEtS OF.

BATHE, A II ANKIMPT V. HOLDING.

This was an action of trover, to recover a con-
siderable quantity of wine and spirits sold by the
bankrupt to the defendant, under the following
circumstances :----

The bankrupt was the proprietor of a liquor-
shop and wine-vaults, situated in Piccadilly; and
he had-dealings with a person of the -name of
Probent, with whom he had been upon'terms of
the closest -.intimacy,' and bill .transactions. had
Occurred between them. In the year 18t7 the
bankrupt became bail forihedefendant 'Holding;
Who subsequently•called upon!him to. thank him
for this act of kindness, and shortly after he met
Probent, and -having:spoketr to him concerning
the then embarassed situation of the bankrUpt's
affairs, .siggested the • propriety of 'his- taking
theiwnefit of the Insolvent Act, In'subsequent
intervi#,vs ,between—Probent . and. iloltlin4-,' lie.
agreed to enter into their plans, and on hh own
credit he. purc'hased a large quantity Of wine and
Spirits,-which he sent to the house of the. defeil7
ant,, who, from ..a earn-factor, becathe.a
,spirit,
merthant, in'' Devonshire-Street;' Queen- square;H
and entered. into an agreement with. the bankrupt,
that he (Holding) would return the stock: , or the
Proceeds thereof, subsequently to the bankrupt's
relielfrom his difficulties, The whole amount:of
the property thus., delivered .amounted to about
three thousand pounds, which Was invoiced :to
the defendant SO per cent. below. the prime cost.
The defendant also drew upon the bankrupt bills
of eichange amounting to-20001. which the bank-
rupt accepted. Being dishonoured he was ar-
rested by the defendant, who took a-warrant of
attorney for the amount, upon which in a short
time after when .the bankrupt was pressed by ills
bona fide creditors, he entered up judgment, and
thereby swallowed up the. whole of his goods-.
The 'defendant had induced the' bankrupt to be-
lieve that he and Probent would .concert a coM-
mission and relieve him from his difficulties by
be
,usual machinery of a fraudulent commission.
Tie however suffered him. to remaininp.rison,
and the result was, that.a real creditor sued out
a commission against him, and fiuding that Hold-
ing and Probeht had deceived• hirn,, he stated the
true case to the creditors, •vith• whom-the pre-
sent action • originated; for the purpose of re-

covering the goods for. the advantage of tote real
creditors.

The
.case was proted by the bankrupt, hfc=wifo,
and two persons named Smyth and Gibbons.
Mr: MA RrATT, for the defendant, urged, that
in point of law the.plaintiffs had no title to sue,
since the original transaction -was founded in
fraud, and consequently the property •did not
legally rest in the assignees.
The Ctuxr JUSTICE over--mica the objectiOn,
observing, that as the • boiut fide creditors had
treated it as a regular bargain and sale, whatever
title the bankrupt ha-d
would necessarily vest in
his assignees. •
The defence then resorted to, was, that the
original, transaction between- the bankrupt and
the defendant was a fair sale for, value paid
•to the bankrupt in, the prcsence of witnekses;
who were also indebted to the defendant in the
sum of 2000/. - Bills and receipts. Were given in
to support this case, which, however, the bank-
rupt in his original examination bad sworn were
•
fabricate-d.

The defendant then called his brother, who
swore that he saw 18001. paid to the bankrupt
on account of the wines and spirits, though the
bankrupt stated that he had merely received a
few pounds si►►ce he was imprisoned.
Another witness swore, that he saw the de-
fendant pay the bankrupt a sum of 3151.; but
he could not state on what account.

The carters who delivered the wine,'Stc. to the
defendant, proved that they delivered to the bank-
rupt sealed papers, the contents- of which they
could not describe.

Mr. GURNEY. replied at considerable length.
The Jury, under the Learned Jndge's direc-
tions, forthwith found a verdict for the plaintiff.
Damages 20441.

INSOLVENT DEBToRs' COURT, JAN, 15.
HansE.-CnAuNriNo.---John Howe, a dealer in
horses, was opposed by Mr. Pollock, Mr. An--
drews,„Mr.. Tattered, and Mr. Manning, on be-
half of General Mackay, Mr. Wright, Mr. Chap-
man,. and several other Gentlemen, on the ground.
of gross frauds practised towards them in selling
unsound horses, with warranty as sound and free
from vice: From the. ecidence of these Gentle-.
men, it appeared, that they - had been severally
induced by flaming advertisements in. the public
papers of horses to be sold, " the property"
as the advertisements for, the most part stated,
" of a Gentleman going. abroad," or of " a
Gentleman giving up keeping horses," to pur-
chase. horses from the .prisoner; with an engage- .
meat, that if the :horses .did not pleaSe the:
purchasers the money should be returned. The
horses uniformly proved to be unsound, and were
returned within a day or two ; but the prisoner,
after promising on the retdrn of the horses to.de-
posit the money on the fOllowing day in :some
banking-house, took care to keep out of the way,
and the parties received neither horse nor money.
The prisoner very freely admitted 'all these facts,
but added, that he had no interestin the trans-
actions, further than a -compensation for his
trouble in the sale of welt ,horse of livelier
cent.; that all , the 'horses belonged., to
.another
person, a notorious horse chaunter in the. west
end of the town, and:Ahat this person alvtiays re-
ceived the purchase Money. ,Be also. stated, that
it was poverty that drove him' to the commission
of such acts.. He had, he said, some years' ago
owed upwards of 2,0001. to, different persons in
England, and, among others, a large sum to
Wilson,eue of the Members for the City, and to
Mr. Kaye, the" Solicitor for the Bank. That he
left England-and went to Canada; where, by in-
dustry and care, he collected the sum of '2,9001.
with which he returned to England ; that on
his arrival he advertised for'all his creditors to
come in for payment of their debts, and that lie
had paid then] 4205. to the pound, with interest,
for the years of his absence.. This act of justice
and of extraordinary honesty. reduced his funds
Very low, and he was obliged to, embark what
remained to him in business as a' horse-dealer.
His partners debts, here fell upon him, and he
was Compelled again to.go to Cana"a. Entering
the Iti ver Saint Lawrence, he suffered shipwreck,
and- lost.all hi§ property. He with difficulty re-
turned -to England, having obtained a passage
from the charity of a Jnerchaut in,Quebec,, and'
on his arrival in London without a shilling,:was-
compelled to. resort to. the first means that offer-
ed of obtaining a shilling for his immediate sup-
per:L. It was his misfortune to meet with. the in-'
dividual alluded to, and he could; not resist the
temptation. . . . :
The COURT viewing all the . circumstances of
the case, considered, it .so pregnant with fraud,
that they felt themselves boand to mark their
sense of.it, .by enforcing the severity of the Act
of Parliament to its utmost limit. They lainented
that the terms of the .Act did not enable them to
deprive him of the advantages he might derive
from
..enjoyin, :the benefit of the. ,rult:s of the
King's Bench, and to shut'hirn up within the
walls of the 'prison ; but such power as the Le-
gislature allowed them they :should. exercise.
They therefore. declared that John Howe should
not be entitled to the benefit:a the Act, nor he
discharged from custody until he shall, have been
in prison at the suit of his opposing creditors, for
the space of two years from the date of filing his
petition.—( British Press.)

SUP.REY SrsstoNs.=--Yesterday, upon
,sentence
of transportation for 7 years having been passed,
by the. chairman nn Peter Castles, IV,n. Gorb,y,
John Selby, John Millar, Emanuel
and jam: Chick, convicted •of •assaulting John
Leathern, at St. George's, Southwark,
.with in-
tent to. steal his watch, one of the, prisoners
struck a witness for the prosecution .a violent
blow with his fist,- which was ,instantly acted
upon as a signal by the other fellows in the dock,
who jumped' over the rails, and attempted to
escape. The doors, hoWever, were closed'. by
the constables, and a violent scuffle ensued,
which cr4>late4 great confusion in the Goutt for
some minutes. The prisoners were ultimately
secured, aild' sent off to prison, with orders to be
doUble-ironed„ It appeared' ;that. a .strong party
of their gang were lurking, in and about the
Court all, the morning-,::for the purpoSe of effect;
ipg a rest:n.(4,ll' possible: - -One fellow was taken
up on suspicion, and sent to Union Hall.

POLICE -INTELLIGENCE;

• H- -
CURIOUS CASE OF AN ..AFRICAN SLAVE BEFORE

Ayoß.
MA stOs-iiltitisE.---A Black, named Evans, a
native of Jamaica, was'brOtight up under circum-
stances similar- to thost which gate rise to the
celebrated question decided through the inter-
vention of Granville Sharp in-the Court of King's
Bench, " Whether a shive;Upon setting foot upon
the shores of Great Britain, was net front that
moment free."' The Captain of a JamdiCatrian
had, it appeared from the statement Of,:one of
the Marshalnien, cudeayoUred to compel Evans
to sail with him to Jamaica, but the Black re-
fused to leave England. The Captain declared
that the Black was his apprentice ; and that
he was regularly "manumitted before the deed
of apprenticeship was drawn up. This the -Black
denied ; and Said he should be again treated as a
slave if he went back with the Captain to Ja-
maica... The Captain hoped the Black would
he kept in custody until the thing should be
cleared up. The LORD MAyna said, he should
take care of the Black, and write to his former
master ; after which, if the deed.of manumission
was produced,' Evans must.of course attend his?
master. The Black Was sent- to the Compter;
and the Lord Mayor soon after received a letter
from the former master, stating that he (Evans,)
had lived with him as hiS ;lave for three year 4
in Jamaica, and that the complainant had purchas:
ed him to bring to this Country. The writer never
heard that a deed of manumission had been
executed. Yesterday the Black was again brought
up. The Lord Mayor ascertained that the Cap=
Lain bad sailed, but that endeavours had been
used to prevail upon the, Black- to' sail with him.
The -Black most resolutely refused, and said.?
that as long as be was able to attend upon a far.2.:-
ly as a servant, he never would back as a
slave. The Lord Ma vor appr4ted ofthe Black's
determination to avoid the condition to which be
might_ probably be reclueed if he had consented
to go to Jamaica, and stated, that as, hi, charac-
ter was unimpeachable, he could easily procure
him a situation in this country. lfe was then
returned to the Compter, where he is to remaiu
a few days, when Mr.ASTilliarns., the Sheriff, Will
exert himself for the poor fellow's ad vantage.