The Sun.
London, England, 1829-04-02 00:00:00

INSOLVENT DEBTORS' COURT, AraiA

:431E

IN RR RICHARD DOWNING RICUARDS. .1P
The insolvent, who was brought up yesterdayllo
-be heard on his petition to be diseharged, was Of
posed by Mr. Heath, on behalf of Mr. D'Egvilleqi
the Italian Opera, who had obtained 'a venial
against the insolvent, for a libel published in the A 1;
rt
newspaper.
• ti?
• Mr. HEATH—What business did 'you carry 'O
Insolvent—l have lately been the printer, ptir:,
fisher, and proprietor of the Age. .
Mr. HEATH—Were you the sole -proprietor?
Insolvent—Originally I was the sole proprietor, Ot
I disposed of a half share of the property,
_ Mr. HEATH—Are you now the printer of tbe
paper ? Insolvent—No; I believe the name ea`.
tered as printer at the Stamp-office is Ann Durhae;
Who do you consider to be your partners in the,
concern P—l consider a person of the name la
Charles Molloy Westmacott to be a partner in tb°
concern, but I believe the name registered at dig,
Stamp-office is that of Ann Durham.
Am Ito understand that you sold a share-to M
Molloy Westmacott ?—Yes.
Then you are still a partner in the concern P-111
consider myself to be a partner to the extent of 111141
of it. :
CHIEF ComattssteNatt—This case Can't be heard'
Mr. Heath. In the schedule the insolvent is do;
scribed as " late proprietor" of the Age, and ;Jl,,
now swears that he is still a proprietor Of -half 4!
that newspaper. His description is wrong, and 1
must, therefore, re-advertise.
Mr. CooKE (counsel for* the insolvent):--Prbha'
bly, Sir, that statement can be explained. Ptii,
Richards, you have stated that you sold half of thii
paper to _Charles Molloy Westmacott. Have laa:
ever assigned a share to him P.—No ; I have never
executed any assignment to him.
Mr. COOKS.—DO you in fact, receive any share to
the profits of the concern P—l -do not.
CHIEF COMIIISSIONER—It is quite clear that W.
case cannot be now heard. The insolvent has been
advertised by a wrong description.
Mr. HEATH—lnsolvent, I have now to stare ea
behalf of Mr. D'Egville that he will not offer gni
opposition to your discharge, if you will -disclose
the name of the author of the libel upon him.
Insolvent—l should consider thyself the most di.;
graceful and dishonourable man in existence if I
were to make such a disclosure—if I were to
close the name of any man who had written an, ar
tide in my paper. I would be imprispned for life
sooner than do such a thing; and I am convinced
that every gentleman who hears me, feels that I
should act more dishonouarbly by making such a
disclosure.

Mr. HEATH—I have nothing to do with the
opinions of others ; but I make you a propositiev,
by acceding to which you will obtain your discharge.
Insolvent—l again say, that I never will disclose
the name of the author. I should act most diSho#-
ourably by doing so.
Mr. HEATII (to the Court)—l am instructed to
apply, that Edward Hughes Ball, Esq. a creditor,
be appointed assignee.
THERRY—I am instructed to oppose the #l3"
pointment of Mr. Hughes Ball, and to anply tbst
Mr. Cyrus Jay, of Sergeants'-inn, tnd Mr. Cuts
ningham, of Fleet-street, printer, who are also ere'
ditors, be appointed assignees. I hope when the
Court takes into consideration that Mr. Hughes
Ball is a man of fashion, and not at all connected
with trade, and not residing in England for the
greater portion of the year, that it will be of opinion
that that gentleman would not be a prudent mans'
ger of the insolvent's estate ; indeed, it is believed
by the creditors that if that gentleman were aIY
pointed assignee, the estate, instead of being mad°
available for the benefit of the creditors, would be,
destroyed. I therefore submit, that it would bet
better to appoint persons conversant with trade, and
therefore more competent to administer sue]] prO.
perty.
A creditor, named Salmon, also applied to be ar
signee, and said, that if he were appointed he should
be able to pay every creditor 20s. in the pound; bor
if Mr. Ball were appointed, his object would be to
knock up the paper.
Mr. HEATH—You were the printer of the paper'
I believe ? Salmon—Yes, Sir; I printed the paper
for Mr. Richards.
Mr. HEATH— Then I am satisfied the Court will
see that the object of the application is to get #
friend of the insolvent appointed assignee.
Mr. THERRY—If there be an objection to appoint
a friend there must also be an objection to the BP'
pointment of Mr. Hughes Ball, who is un enemy
the insolvent.
Mr. HEATH—Mr. Hughes Ball has-:no objectie°
to be clothed with the character of an enemy in tills
respect. He brought an action, and obtained dit;
mages, for which he took in execution types, cn.
which the insolvent was the ostensible owner. Thoso
types were afterwards claimed by Salmon and Con'
itingliam, to whom they were ultimately given tilh
and they brought an action against Mr. Ball, wb°
was obliged to pay them damages for taking thoss
types. Mr. Ball has, therefore, a large claim upcnt
the estate, and will do all he can to make the estate
available for the payment of his claim.
Mr. TILERRY suggested the propriety of appoint'
ing some person who was neither friend nor energy
of the insolvent.

The COURT declined appointing an assignee at
present, and adjourned the bearing for the insolvent
to re-advertise by a proper description.

MPERIA L PARLIANWNif

THIS EVENING,

HOUSE OF LORDS.—Seven .9' Clock
Up to this hour nothing but the routine business hail:,
taken place.—An immense crowd was assembled.