The Sun.
London, England, 1826-07-03 00:00:00

GOODSOf V. gt.),ISOIY.

I. •
ounsutr stated this was a• case very much" akin to the
pus lie had been mentioning, and which would have heen disposed
of long ere now, had it not been from expectation that the parties
woUld'have retired from railing for the judgment of the Court.-„-
It appeared to hit Lordship, that if the defendants thought they
had any interest 'in thent, they Were er,4Edingly mistaken, !li-
cense, in his opinion, they had no colour of interest in them
whatever. Oil the other hand, if the plaintiffs considered they
could take out of the defendanti, as trustees, piece-meal,
au estate vetted in them, as trustees, by devolution, under a deed
executed iu 1767, and that the trustees could be called upon to
hay all the costa of a dozen suits for that purpose, each suit
calling for the conveyance of s Piktect they lind it more
than dime-oh to satisfy vordship's mind that that was how
trustees were to he treated in this Court. It had been said in this
cast, QOI by the Counsel in it, but in letters liiio Lordship had re-
ceived, that the defence was all a quibble ; but if they were 44*,
tees, perhaps the plaintiffs would find something beyoud u kinihhle
opposed to what their bills pilled'
Mr. TIN (y said, on the part of the plaintiffs, his clients had
offered to pay the defeintAtits their costs over and over again.
liit 'l)4Plittit, was aware tbit it dew* a great deal of cnn.,
sideration,; and the Court had given it that.
Mr. Kwront'contra was perfectly satisfied that no arrange-
ment could be Made by the 'nutlet in this case.
Ills Lonnstur seas sorry to hear it.. •
Mr. TINNY could Qidy teDfA't,hat they wet. perfectly willing

tq pay at) the Fasts, if, the ladies ,on the. other side wottltkouly
execute the mortgage.
His LORDSHIP was quite sure that MT. Tinny could manage
the ladies now much better than him.

Mr. TINNY was altogether unable to do any thing with the
ladies he had now to encounter ; perhaps Mr. Knight, their Coun-
sel, could persuade them to do what was right.
AfT. KNIGHT only 'knew, that they would rather go to the Fleet
than comply whit the prayer of the Plaintiff's bill.
Here the case rests till to-morrow. , .

COURT OF KING'S BENCH, GUILDHALL—(Tats Dia.)
TII2 ICING v.'ROWLAND AND OTHERS.
After the Jury had been sworn, Mr. Scarlett ap-
plied to the Court for permission to have Hamay and
rwycross, two Of. the defendants acquitted, as they
were only instruments in the hands of others. To this
the-Chief Justice consented.
Mr*: SCARLET stated the case. This was an in-
dictment against Hugh Rowland, Richard Rowland,
Win. Gordon, and James Knox, for a conspiracy to
defraud Richard Stafford Ashby and Benjamin Shaw.
It appeared that Ashby and Richard Rowland were
in partnership with a person named Oliver, as en-
gravers, in Lombard-street, from the year 1820 until
April, 1824, at which time Oliver withdrew from the
firm, and Shaw, one of. the prosecutors, became a
sleeping partner, and advanced 1,500/. By the deed
of partnership Rowland was to have advanced a like
sum, and. Ashby 5001. 'Rowland was to be cashier ;
all bills in "the name of the finn were to be signed
either by Rowland or Ashby Shaw was to take no
share in the concern, but to have one-eighth of the
profits. The deed was completed, and the partnership
commenced on the 24th of June, when Shaw went to
Paris. On his return to London in 'September, he
was applied to by Rowland for more money ; whereupon
suspecting that all was not right, he thought proper to
inspect the books, and thereby discovered that the
1,500/. which he had advanced, were not brought into
the capital, and that Rowland had, advahced nothing.
This led to the expulsion of Rowland from the firm
which took place on the 21st of September ; at, the
time of the dissolution, Rowland acknowledged that
there were bills in circulation to the amount of three
or four hundred pounds in the name of the firm, which
were not - entered, in the books. These he said, his
father,. (Hugh Rowland, one of the defendants,. who
is a paper manufacturer) would settle for, if they took
the amount in paper. It was afterwards discovered
that bills to the amount of 600/. had been circulated in
the name of the firm by Rowland; that they had been
sold for 'ten shillings in the pound; that part of them
went to pay the debts of Hugh Rowland, and that the
other defendants had assisted in • circulating them, for
the purpose of defrauding the prosecutors. Mr.
Ashby having been 'arrested for one of those bills, was
applied ,to in prison by Hugh Rowland, to •take back
his sow into the firm. He told him, if he should do
soi all the bills should be settled ; this Ashby
refused to do; from this it was inferred that
the motives which induced the circulation of the bills,
was to compel the prosecutors to take Rowland back.
The deeds and other collateral circumstances having
been proved,
• Benjamin Shaw, one of the prosecutors deposed to
the principal facts in the statement. He said that
when Rowland had Veen expelled, it was agreed to
give him 750/. for his trouble, and his share of the
stock : and some time after, bills circulated by Row-
land, in the name of the firm to the amount of 60001.

were sent in. •
Robert S. Ashby, examined by Mr. SCARIATT,
was not aware of certain bills of his firm having been
lat their bankers, until he- was informed thereof by
;Richard Rowland. Rowland, after the dissolution,
gave in a list of hills, amounting to 490/. which he
said were all that he had circulated in the name of the
firm. After this, bills to a very large amount were
sent in. .Witness was arrested for, one of them.—
;Rowland the elder, called on him, and said, it' :Thai
were out, the matter would be settled, meaning thereby,
:if his son were taken back.
Cross examined by Mr. Bitooxitwx—fle that How-
iland laud brought 10004 into the concern; witnesaadvanced bOW.
before Osborn went out—be drew some checks on their &mime
;before Rowland was expelled.
Joshua Mayhew examined by Mr. Annenus—Bought a bill
of exchange, dated 14th September, 1924, and accepted by Ash-
by and Rowland, for 1811/. Bs. of Twycross, (one of the defendants
who were acquitted) for ten shillings in the pound ; he after_
wards sued for the amount of this bill, but there was a verdict for
the defendant. Gordon sent hitn some letters, guaranteeing the
!authenticity of the bills.
Cross examined by Mr. Pinutes—Mr. Twycross told hint
Matt the bill was genuine, he consequently did not applyto the so-
;ceptors—he applied to the drawer when. the bill became due, and
found he was a beggar.
Robert Twycross examined by Mr. Gil Vi•—Knew of frequent
;meetings having been held at Gordon's home by Knox, young
!Rowland, and Gordon, reoeived of Gordon the bill, which he took
to Mayhew, who desired him to take 15s. in the pound for it. On
redline Gordou that Mayhew would not give more than ten shil-
liuga in the pound for it, Gordon desired hint to take it, which he
did accordingly and gave it to Mrs. Gordon, who *aid in her hus-
band's presence, " that is a snug job and well done." 'Withers
received four guineas for his trouble. Gordon wished witness to
call on Shaw to endeavoar to commit. an'act of Bankruptcy—.
the object of that was to get rid of him as an assigner in the bank-
ruptcy of HorVird and Gibba—Witness refused—he and Knox
More to
used to give n
ss. a.wwk,
together,onaceount of this indictment. Knox
him
and requested hint not to have any
communication with the prosecutors.
Cross-examined by Mr. Putuars. —Was twelve months in
prison on account of this indiottnent.could not get bail. Re
never was at a Police-office on a criminal charge---received 671.
14 the bill from Mayhew-.-gave only 60/. • to Gordon—.told
him that Mayhew said that he would not give him any more.
Oordon told him that Shaw was the only responsible name on the
lull, and that he would not pay Without legal proceedings, therefore,
sooner than go to law, he would take less than the amount of the
bill ; witness then proposed to take the bill to Mayhew—under-
itooditefure he came here to-day, that he wait to be acquitted ;
Shaw hinted it to him ; Shaw never'. made conditions to him on
which he was to be acquitted; he never said that Shaw bad pro-
posed conditions to him; an anonymous letter addressed to Mr.
Shaw, intimidating hint from coining forward on this occasion
%vat* put in and read.
Francis Roach acknowledged to have written the letter ; he
saw Gordon on the day the letter was written, who told him that
there was a conspiracy against him,' awl if he would prove that
a certain bill had been endorsed before the bankruptcy of Ashby,
itiveuld materially serve hint, He proposed to witness to prove
it, and that Its would reward him.. At this witness hesitated, 44
he knew nothing about it.
(This Trial was not concluded When.we went to Mese.)