The Sun.
London, England, 1811-08-20 00:00:00

dirt or his having taken his tivii-! 1g in but hot
having the letter to produce, it bring left at Saltathi
his evidence as to its contents could not be received.
'Here' the evidenCe
_Onso.d., when Mr. Jak &
y el. a
dressed the jurY on l;,..:11111 of the defencint.
.1-ke
dwelt with considerable ingenuity 'on
_the 'circam-
stances of the case : be contended that there 'was
no proof of any arts being.dsed to sedlice the affee-•
tions of Mrs, Foote, and that for all • they knew,
she had, ofi her nun unsOlicitett- inclination, gone,
on the night alluded to; to the house of the de-
fendant. The letter from the defendant 'to f.l!e
plaintiff had all the appearance of speaking the ge...-
nuine feelings of his ltearr, and not,- as stated by
his learned Friend, as being 'clidated by hypocrisy.
Ile said there was no priiof that the plaintiff kid
lived with his wife in a state of conjugal atfediOni
one witness had not know, them since the year 1804,
and Capt. Cook had
,only observed their behaviour
in company, five or six tinizls during i Welve Months.
It was yell kno*wn that petions who lived like, cat
and dog in private,-Ipt np appearances , in 'public.
As a proof of this, •Mr. Jekyll instanced a,case in
,high life, where the husband and wife had Put ex-
changed a word for twenty years, and yet constant-
ly sat at the same table,. receiving large parties, by
whom this, was not (tbserved. He s:iid that there
was no proof that Captain Bayiay's circumstances
woottrenable him to pay -heavy damages, but
pearancei sp6ke, the comrary t- damages shouhi be
given; but the Jury he was sure would consider a
very mbderate:stirmsulficient.

The Sheriff very ably', summed •up the evidet\ce,
and afer having infornied the JOry, that tlio. weie
not to inflit puniihmen!.on.the defendant, but to
give such a sum as damages to the as they.
Might.,consider an adequate compevsatiou for the
j,,ry.be kid stistairredi regard being it id to the si•-
titation of the raties ; he left it to their jutt,;:uent
to sty vitrat these damages should be. Tile Jury,
utter some deliberation, leturned.ool. damages.

SURREY ,SPECIeIL S4SSIONS.

INSOLVENT .DEBTOB.

Yesterday the Sessions commenced at the Sea-
sions ,Huuse, tiorsemongr-lane, for the discharge
of itisolyent debtors under .the Aa, Mi. Scr-
je.ii)t ONSLOW ill the Chair.

William Anderson was opposed by Mr. LAws;on
behalf of John Jenkins, under the 36th Clause .of
the Aa, Which provides, that any
,person proved , tO
have obtained goods or money :niftier false pretences,
should be excluded from taking the ;benefit *of the
Act.: ,The debtor was n ,coltand timber merchant,:
and since his being arrested a CommisSion of:Bank.
ruptcy hatl_been issued .against him, and' he had.
been 'once gxakilined by the Commissioners, which
examination was produced,. signed by himself. In
:that ckantination, thellollowing question, was put to
him, when, before the Commisooners Did ypu
shew a thousand, pound-bank hill to. Mr. Jenkins r'
To which he replied, ‘.‘ No, I did not;. it was a shop
bill. I held the paperin my hand, and said- here is
a thousand pound note. I showed it to . several,
other persons in the same manlier.", :Here :Mr.
Laws contended was a fraud within-the meaning
of the cl.tusei he having fibiiiined deals to the value
1361. upon the credit of this.suppoied bank gate.

Mr. NOLAN contended, on Wettelf of the insol-
'vent, that it must not only be
,rnade otil that a fraud
was intended, but also that it had been executed,
.and the goods in question obtained. Here, admit-
ting the attempt'at fraud, which- however, he de-
nied, and maintained that the note had been shewn
with no. fraudtilent intention, but merely out of a
joke; there had been no proof of the deals in qUes-
Lion Inf Ting been delivered-to the prisoner.
Mr. LAWiI said be bad no poiitive proof of the
de-
livery, although there could be no doubt of the fat
being so, and that' Mr.. Jenkins had proved' his,debt
under the commission..

The CHAIIOIAN said, as the delivery of the deals
had not bee.) proved,• the debtor must be disetwp
ed. He was, howevey, remanded to amend his
schedule.

- .
The Hey. Joseph Bunt, Perpetual Curate of
Ungleford, in Norfolk, •was opyhed nit the ground
of his not having' nserted in his ticiietiult the amount
and particulars of his curacy., •
Mr. LAws, an behalf of the insolvent, stated, ,t hal
he held the curacy and reatotattithes as a lease from
the Corporation, of Norwich, in whiCh cop it was
rendered nuassignahle. There, :was another clause
in The lease, by which. it was:stipulated, that should
Mr, Brett cease,to perfortn• the (Jul in 'pefsoo,--tir
lease should be forfeited j as, therefore, the inser-
tion .Could not be available to the creditors, he did
not think it was necessary to introduce it into his
schedule. As it appeared, hoy! ever, that the insol-
vent had received money on the lease, rhe Gantt were
of opinion, that . its should be, inserted in, t he' sae-
dule; and 'the prisoner Complkhg with this wish,
immediately, was discharged.
lii the course of the day an elderly man, who
had been discharged, 'addressed the Beach, and.
complained that he was- detained tor jail-fees, not-
.widlstanding his discharge by the Magistrates.
The Chairman '(Mr. Serjeaut OusLow) informed
'that the Bench were .nut authorised :to grant
him any relief ; but should he he' longer. detained,
he might coaunence an action against tile Jailor for
false imprisoilment. On this notification being
ma4e, the prisoner was permitted to depart without
paying any fees: •

M 11 A 111.0001.7041• ;TRBILT,•.-.Willia(ll Morley, a sol-
diCr
,in the Guards,,as .With behtg found,
secreted on the. piensises .of a trndesman, in die
Edgware-road, at the suspicious hour of two the on
iaturday.night. It appeared in etideuce iii3t the
culprit had ,paid his nocturnal visits to the proseco-
ior'i house, fur the List twelve mont!)-i, on love
istr4its fora-wily he bad been aitradect with the
charm, of .a Miss
Bennet-t, the pilisecutor's servantiz►aid,
niaid, and next with, Miss Frances, the. siresent ser-
Yant: lie was (I,:tected in a coal-hole, and .branded
with the epithet of thief, nod scut tO the watch-
house, on the ipso dixit of Miss Fr int!eb no)
him ; but yesterday at the Otlice, in a torciuttl
to the yuiiug ItAings, Frances, biush-
nigly silent, nodded assent to the gallant's asseltloo4,
and he was discharged, with on admooitioo out to
be' seen again on the premises; or he would incur the
sUspicion of felony. . •

ard by WI 1.1-1(A VI A RitiLlC; Fit Ft ict W, S). MD"°-
Petit. Liffirl far rho FAinir t.,
stoat-twirl), must -'