The Sun.
London, England, 1827-11-21 00:00:00

INSOLVENT DEBTORS' COURT, Nov. 20.

John Marsh, a respectably dressed young man,
formerly of Cleve, near Cheltenham, student in
medicine, was opposed by Mr. D. PoLLOCK, on be-
half of Wm. Rawlings, Esq., the plaintiff in an action
against the insolvent for criminal conversation with
his wife. _ _

Mr. POLLOCK commenced by referring the Court
to the statement made in the schedule, explanatory

of the complainant's claim, by which it appeared that
the damages assessed utidti a writ of iNitiry wee
7001., costs 38/. is., the insolvent having let jlidg-
meat go by default.
In, order to prove these facts, Mr. E. T. Whitaker
the arm to Mr. Reed, of Cheltenham, put in the
allocutor, which Mr. Cooke, the insolvent's counsel,
submitted was insufficient, the original record ought
to be produced.
Mr. POLLOCK then put' the required document in
and said, that it, together with the statement in the
schedule, would establish his case.
Mr. Cooxr—l-object, on the ground that these
do not constitute evidence sufficient to warrant my
Learned Friend to address the Court upon the merits
-4 the case.

PomocK.—Because my Learned Friend
have an imperfect case in one respect, I
-cs the Court upon other points
tEclaZlo.,:er producedthe office copy of
suppt,
am not to
mow n.:cord, and found to cor-
Mr. Henry -ot from the Treasury office,
the judgment, wlviefe p,
Iyh: COOKE, ad-
collated with' the
respond.
miMttera.tWhahtitthakeecra,utoseaofqatuetsiotinolltall7
in Glot:
but that the venue was laid i i Middlesex.
The insolvent was prevented; from defending the
action, in consequence of a conversation he had with
the plaintiff's attorney, who said, that if he allowed!
judgment to go by default, the damage, should he
merely nominal.
Mr. POLLOCK contended that what N'tr.. Reed
(the plaintiff's solicitor) had said to an adreoe party
ought not to be given in evidence :,gainst the plain-
-tiff, unless it was proved that the conversation t. ook
place by his direction, or with his privity.
Mr. COOKE had a right to evamine the insolvent
as to the reason why he did not defend the action.
His client had sworn that he vas influenced by Mr.
Reed to act as he had done.
The CHIEF COMMISSIONER was of opinion than
the insolvent should not be questioned on this point
at present.
Mr. PoLLocx apprehended that, argument in-- this.
case was unnecessary as to he validity of the:Judg-
ment, he (Mr. Pollock) being rectu.s curia with ve
spect to Mr. Rawlings, at whose suit the insolvent
was in custody and charged in execution. In cases
like the present, he (Mr. Pollock) believed the Court
was in the habit of taking tffe verdict as conektsive
against an insolvent, and the damages assigned wao
a guide as to the result—i. e. the judgment of tIK?
Court under the 49th section of the Act of Puha-.
meat ; and the Court would in this case doubtless
take judicial notice of the documents, the same as if
the issue had been tried before a Court and Jury:7-
11',1:te case appeared to him (Mr. Pollock) a very
grie,,ous and aggravated one, both against morals
and proPriety, and lie apprehended. that the justice
of it wouiLl not be met unless the insolvent was re-
' mended for a considerable period under the clause of
the Act he' had before cited.
Mr. COOKE ITIHI's
pd
h;
at great
ries ln
egtthat nh.—Hio defen s Learned
ce
Friend bad expressed
c su ry
had been made to this ,auction before the SherifCs
Jury,- and he (Mr. Cookt,.? would have been sur-
prised, too, when he looked at:. the heavy damages,
bad it not been for -what ha,'.l dropped from the
insolvent, whO had, it appeared, co„nided to the pro-
mise made by Mr. Reed, the attoiney, who had
thereby tied him :hands and legs. Tbe conduct of
Mr. Reed, the plaintiff's attorney, was .-natural—he
felt a tender regard for his client's character : hence
it was that he laid the venue at a distance from where
the parties were known, and it had been sworn that
he (Mr: seed) had said, that if the insolvent was
quiescent, the damages should be nominal ; hence it
was that his client was lulled into security and inac-
tivity. The Learned Counsel proceeded to com-
plain that the insolvent had been limited by the
Court and almost prohiOted from offering any thing
in mitigation. He concluded by imploring the
Court not to measure its judgment by the amount of

Commissioner
damages.
The CIIIEF COMMISSIONER, in pronouncing the
.
judgment of the Court, should, in a case of this de-
scription, proceed upon the principle laid down by
one of his learned colleagues (Air
Law). That gentleman had a case lf a similar de-
scription before him on the sth March, in the per-
son of George Thornwall (as we underst.ood), when
be held that in cases of seduction of the ,olaintiff's
daughter, breach of promise of marriage, ,criminal
conversation, or other malicious injury, the Court
ought to regulate its judgment by the amounst, of
damages returned by the verdict; and he (the CL'ief
Commissioner) thought this a right view of the case'-
He should proceed to pass judgment upon a view of
the damages; and if he was thought wrong, he
should be glad for the party aggrieved to bring the
matter before the Court on a future day. Under
all the circumstances of the case, without entering
into its merits, the judgment of. the Court' was--
"That the insolvent should not be discharged from
custody, or receive any benefit or protection under
the Act, until he had been in custody for the period
of 12 calendar months from the date of his petition,
at the suit of Mr. Rawlings; and that he be con-
fined within the walls of the prison, and not with-
in the rules and liberties thereof."
The insolvent was about to reply, but was pre-
vented by the interposition of the Court.
IN THE MATTER OF SIR T. S. cllADirtmrs, BART.
On Thursday last Mr. ColoxE moved the Court,
that the discharge of the Baronet should issue forth-
with, whereby he might be liberated from llchester
gaol, in which place he has long been confined on
maw process; but the application was not complied
with, owing to a discrepancy in one of the affida-
vits. Mr. Cooke now moved upon an amended de
pOsition, and the Court, after a few observations:
acceded to the prayer of the application, and the
discharge was ordered to is§ue instanter.

INFANTICIDE PREVENTED.—Rebecca To-
lan, a good-looking young woman, from Carri-
gans,ii Ii
Id,
in the county of Donegal, came to live
with Mr. James Hammett, of Derry, as a ser-
vant, in August last. Till Saturday night last,
about eight o'clock, she attended to her business
occupying
Mrs.ier h
mind,
an-
whether or not
as usual, when she complained of a pain, which,
for the first time, excited suspicion in Mrs.
in-
timating Hammettresolved
dg
to
ot thatoretrain
he srh Ne‘, as
mett, however, left her to arrange matters in the
kitchen, as usual for the night, and, without
ht.wai
it)NtNo'a sascertain pregnant.
her suspicion was well founded. She got a
neighbour, a Mrs. Farren, to
sit up with her.
About twelve they heard a cry, as if from a
new-born infant, and rushing down • stairs disco-
vered symptoms which left the truth no longer
equivocal. Rebecca had been in the yard, and
was returning in. They asked her what she had
done with the child ? she feigned ignorance as to
the import of their question, when a feeble cry
again struck their ears. They rushed out, forc-
ing the girl to accompany them, when she con-
fessed that she had just become a mother, and
that to conceal her shame she had been tempted
to throw her infant into the privy. They obliged
her to drag it out (it was alive), bring it into the
kitchen, and wash it. Providentially the only
injuries it had sustained were a slight scratch
above the brow, and a contusion on the side,
evident from a discolouration. Mrs. Hammett
instantly sent for a midwife to take care of the
mother and child, else, from the situation in
,vhich they were, death must have ensued before
inorning, and Dr. Alexander was afterwards called
in, under whose unremitting attention both are
Going well. The infant is a fine male child, and
themother is suckling it with the greatest ap-
prent affection. She was quite insensible till
mid-day on Sunday, .when she inquired;
" what
child is that ?" referring to her infant. On be-
ing informed what she had attempted, heranguish
was extreme.—Cork Constitution.