The Sun.
London, England, 1842-06-09 00:00:00

EXCHEQUER.-(THIS DAY.)

THE QUEEN V. DONALDSON.
The Court delivered judgment this morning in this case;
which has been repeatedly argued. The point at issue was, as
to the right of the Commissioners of sewers to assess Kensington
Palace to the savers'-rate.
The Court decided in favour of the Crown, declaring that.
the palace was not liable to the rale.
The various cases which afterwards came before the Court
afforded no point of general interest.

- - -
BAIL COURT.—(THIS DAY, )
,
(Before Mr. Justice WIGHTMAN.)
APPLICATION FOR A CERTIORARI.
The Sohicrroa-GEfiElt4 Moved for a certiorari to remove
into the Court certain tetttrns,of toe Town-Council of the bo-
rough of Leeds The applieakion was made under the Ist of
Victoria. and arose from the following,proceedings. An elec-
tion for Town-Councilkirsjiicilt.pkice in' the borough of Leeds
in 1840, and a dispute ,arose whither Mr. Potts or Mr.
Richardson was elected. Mr. Richardson was, however, Ed-
mitted by the Mayor, but Mr. Potts applied to the Court of
Queen's ..Bench, and was declared to he duly elected. Then a
question arose as to the payment of 201. or 301. paid by the
slayor for advice taken by him in the case, and also of 541.
costs. A motion was made that these sums should be paid out
of the borough funds, which was negatived ; but another elec-
tion having taken place, a similar motion was made, and car.
tied, which he (the Solicitor-General) submitted was irre-
gular, and therefore that the rule should be granted.
Rule nisi granted.

SHERIFF'S COURT.-(THIS DAY.)
Several undefended causes were taken at the sitting of the
Court.

VETTIT V. ORD.

This was an action brought to recover the sum of 1271. for
furniture supplied to the plaintiff, «ho suffered judgment to go
by default.

'John Dixon proved that he had delivered goods for the
plaintiff to the defendant, comprising a 100 table, value thirty
guineas, another table of the value of 121., and an occasional
table of the value of 151.

Air. Under-Sheriff 13uncHELL—What do you mean by an
occasional table; one had occasionally? Witness—\o, it is a
table intended to stand before the sofa in the dining-room.
Several other articles were supplied to the amount claimed.
The Jury returned a verdict for the full amount.

NSOLYENT CO CRT-(TiiIS DAY)

IN RE CHARLES JAMES MATHEWs,
The insolvont in this case was the well-known lessee and
manager of Covent-garden.
Atter having been sworn and taken his stand in the box al-
lotted to insolvents under examination, the Registrar of the
Court inquired if there were any opposition to the insolvent's
discharge, when a long time intervened without any person an-
swering. At length a person from the body of the Court, in a
stentorian voice, with a strong Scotch twang, shouted out 1,
Alexander Login, oppose Charles Matheus'discharge.
The individual who made this announcement having entered
the witness-box prevented such an outre appearance as to excite
a roar of laughter throughout the Court.
The Learned CHIEF COMMISSIONER having inquired if
there were further opposition ?
Mr. LEWIS, the insolvent's solicitor, said that this was the
only ersditor who opposed out of 225 who appeared in the
schedule,

The opposing creditor (iho appeared in person) then, by
the direction of the Court, proceeded to examine Mr. Mathews,
after having stated that he was a theatrical ornament maker
in the dew Cut, Lambeth, and that the insolvent was indebted
to him in the sum of 48/. 18s. 30., out of which 5/. was paid
through his attorney.
Mr. Commissioner REYNOLDS—For what was the debt
contracted ? Legie--For sp..ngles, lace, tinsel, and all kinds
of theatrical decorations.

Mr. Commission; REYNOLDS—Does counsel appear for
Mr. Mathews ? Mr. Lucas—Yes ; we have retained Messrs.
Cook, \Voodroffe, and Nicho Is.
In reply to the Learned Counsel, the opposing creditor said,
with much vehemence and eccentricity of manner, that he
should keep Mr. Mathews for a fortnight under examination.
Logic (addrrssing the insolvent)—What has become of
Madame Vestris's jewels? Insolvent (handing the key of a
small box into Court)—They were sold in the year 1838.
Mr. Commissioner ItErNoLns— All ? Insolvent—Yes, all.
Logic—Do you know a person called Mrs. Cassidy ? In-
solvent—Yes. [ The manner and expressions of the opposing
creditor at this part of the proceedings was such as to call forth
a severe reprin.and from the Court.] I don't know where she
is at present. About two months ago she was discharged from
the theatre in consequence of not paying some bills the amount
of winch she was given.
Logie—Did she ever pawn any things for Madame Vestris ?
Insolvent—Certainly not for Mrs. Mathews, but she has
pawned articles belonging to her without her knowledge or
permission.

Logie—Do you know Lewis Levi, the proprietor of the Vic-
toria Theatre? Insolvent—Yes, lam a Creditor of his for 1001.
Logic—That is a lie—Lewis Levi would not lend any man
twopence.
Mr. Commissioner REYNOLDS-1f such language be used I
shall order you to leave the Court. You are at liberty to put.
any questions you think proper, but it must be done in a proper
and respectful manner to the Court.
Logic shrugged his shoulders, and continued—Have you
made away with any books? Insolvent—l have sold some
books to Mr. Willis, of the Piazza, Covent-garden, for 801. I
have no specific agreement that the books should be returned
to me, but there is a tacit understanding that if at the end of
four months I should be able to raise the sum of 801., I would
get them in preference to a stranger. They are books of no
intrinsic value, but they were some which I had seleled myself
at various times.
Mr. Commissioner REYNoLns—Are there any scarce edi-
tions amongst them of the ancient drama? Itisolvent—Ne,
they are modern works, collected chiefly while I was on the
Continent.

Mr. CooKE said, those books were sold about two days
before the arrest of Mr. Mathews, and if they were not thus
disposed of, they would have been swept away in execution and
the creditors would have been minus the SO!.
The insolvent said the value of them (although he would
not lose them for a much fat ger sum) was rather below 801.,
as he wished to have everything clear, in case the Court would
r9uire Mr. Willis to be examined.
I'he opposing creditor here entered upon a rambling and in-
coherent statement, which he concluded by saying that he
should carry his case no further, as he thought he could not
get jus ice.

tlr. Mathews was next subjected to a short examination by
the Court, in which he stated that he attributed his insolvency
to losses sustained in the management of the Olympic Theatre
during his absence in America. During that tme it was
under the management of Mr. Manche, and no man could have
fulfilled his trust with more fidelity or talent; but, circum-
stances incident to the absence of Madame Vestris and himself
led to the losses he suffered.

Mr. COOKE said, during their absence in America, debt to
the amount of 3,4001. was contracted—he stated this fact
without the most remote imputation up Mr. Planche—and
money, to the amount of 1,700/., arising from the engagement.
of Air. arid Mrs. itlathe., s in America, was sent over to pay off
a portion of this debt, and it was so applied.
The insolvent, in reply to the Learned Chief Commissioner,
said the money which had been paid into Court was the pro-
ceeds of jewellery and wearing apparel the property of Mrs.
Mat thews.

Mr. Commissioner BEYNOIDS—Do you know of any pro-
perty now in the possession of Mrs. Mathews or ekcwhere ?
Insolvent—l solemnly swear Ido not.
The Learned CHIEF COMMISSIONER said, although he had
no dotbt of the iruth of Mr. Mathews' statement relative to
the value of the books sold to Mr. Willis, still he should wish
to ave his evidi nee pt o fo; ma, and as he understood he was
not in Court at that moment, he should order the case to stand
over fcr a short time until the messenger procured his at-
tendance.

Mr. LEWIS said that the messenger he had sent to Mr.
Willis had returned, and it appeared that Mr. Willis had gone
to Ascot. He having attended before without being served
with a subrcena, he (Mr. Lewis) had not taken the precaution
to subrcena him on the present occasion.
The CHIEF Cosousstort Eft said he would enlarge the bail
of Mr. Mathews till Monday.
Mr. LEwts said he would send for Mr. Willis's foreman.

Josiah Robert Aliwhen was then call, d and examined by
Mr. COOKE—What are you ?—I am employed by Mr. Willis
the booksellt r as his foreman. _ _ _

Have you seen some books that. were sent by Mr. Mathews
to Mr. Willis?-1 have.

Are you cowpetent to 'r'orm a judp,ment of the value of those
books ?—I am.

What kind of books were they ?—They were principally
foreign books; they were a miscellaneous collection ;
there were fewer d•amatic works than I could have
expected. They were principally French works.
What do you value them at 9—l shuuld say about 801. I
believe that is a fair price for them.
If they were to be sold by auction would they bring that ?—..
I don't think they would fetch that. Mr. Willis would be very
happy. to sell them for that.

Where is Mr. Willis?-4e is at Gravesend now.
The COMMISSIONER—Why they sent him to Ascot half an
hour ago.—(Laughter )
Alr. LEWIS-1 hat was the message I received.

Air. COOKE—You sce on such a day as this, people think of
nothing else but Ascot.

Witness—No, Sir ; Mr. Willis is gone to Gravesend for the
benefit of his health.

The COMMISSIONER (to (Mr. Mathews)—Do you know of
any prof erty to which you have any right, either yourself or
by your wife, that you are not possessed of? Insolvent—Cer-
tainly not, Sir.

Mr. COOK E —lt may be satisfactory to state that those fonds
spoken of on a former occasion, when mention w:s made of
the disposition of the property, were disposed of in a manner
highly creditable to Mrs. Matthews. In 1837 difficulties arose,
and a fiat in bankruptcy was issued against her, but it was
not persisted in, she having mate a disposition of all the pro-
perty she possessed in the world; upon trust, and the suns of
five shillings in the pound was given to the varittttyt
creditors. To Mr. Valentine these jewels willfki
assigned over, for the purpose of raising money to Bleat thtfC:
composition. That gentleman sold them the following pia.'
for the purpose of reimbursing himself for the money he lied
advanced : and every time that Mrs. Mathews had used thein•
they had been hired from the person to whom Mr. Valentine
had, sold them.
The CostaltssloNEK—ls that information correct, Mr.
Mathews. Mr. Mathews—lt is, Sir. I have beetv-apeaking
to Mr. Lewis respecting a spresent the performers of Covent
Garden Theatre are about to make us. They are going to
pay us a compliment in the shape of a piece of plate; andil
wish to state that it was shown to me, and I was aboutto
thank them for it, when it was abruptly withdrawn, from a
notion that it would be taken for the benefit of the creditors.
I wish to know whether that can be considered the property of
the creditors.

The COMMISSIONER—'Vas it given to you? Mr. Mathews
—No, it never %%as presented, but I can't but know ti a: it is
for me • su I thought I ought to mention it.
The me; su
did perfectly right.