The Sun.
London, England, 1842-12-07 00:00:00

consequence of our want of faith in his :Lordship, this
transaction was not carried out beyond the 5751. -
consequently the judgment entered inb ) for 10,000 i.
against his Lordship stands only as security for
the 5751.
(Inquiry here took place relative to the warrant of
attorney obtained from his Lord Ship.)
Did vou receive any money out of Court in a cause
called t` Ryan against Lord Huntingtower ;" if so,
what amount ?—Yes, between 7001. and 8001., the

amount being one-third of the whole amount taken
out of Court, except some expenses paid to Messrs.
Bower and Back, agents of Mr. Footner, Lord
Iluntingtow er's attorney. Mr. Moss Davis received
the other two-thirds, which would be double the
amount. _ _

Mr. Angell, in continuation—Thiere are two bills of
exchange received from Mr. Hume, which also go in
reduction of this warrant of attorney, and a further
sum of 2501. cash, paid at the time the warrant of

attorney was signed.
Have you any and what &aim upon his Lordship
under the judgment entere, i up on the warrant of
attorney dated the 13th of Dec. ?—The amount we
claim upon that warrant of attorney, to the best of
my knowledge, is about 3,0001.
Are all your transactions with the bankrupt entered
in the cash-book now produced ?—I believe they are,
and if not, I shall be bappy to afford all the informa-
tion I can.

Has any account between your firm and the bank-
rupt ever been made omit, examined, and sign9d by
you and the bankrupt ; but a short statement
was made by Mr. Bo rver at the time the warrant of
attorney marked A w as taken, and I applied to Mr.
Bower this morning i br that statement, as I kept no
copy of it, and he info umed me, that in the absence of
an authority from Lo:r d Huntingtower, he should not
be justified in handing the same to me. The parti-
culars of that statemer it, to the best of my belief, are
as follow :—Mortgage !, 3,036/. ; the bill for which the
indemnity was taken ~ 5751. ; bill of exchange for
1,000/. ; premiums o. a insurance, say about 1201. •
cash, 50/. ; costs, 461.1. 12s. 2d.; the credit to Lord
Huntingtower for 2501. cash, and also credit for 2501.
on an I 0 U, which he never paid, making a total of
5001. to be deducted :from 5,242/. 12s. 2d., leaving
4,7421. 12s. 2d., for which the warrant of attorney
was taken. The state: Inc:nt referred to was made out
by Mr. Bower, and la' is Lordship was asked by Mr.
Bower if that was cc rrrect ? His Lordship replied
that he was perfectly a itisfied therewith, and that the
same was correct. ri Chis conference took place in
Grafton-street, at the residence of the Countess Dy-
sart, about three or f, zur o'clock in the afternoon.
The parties I saw there, were Mr. Hume, Mr. Flower,
Mr. Bower, Mr. Steela. Mr. Douglas, I think, was
in the house, but I did not seohim, and my partner,

Mr. Cooper, was also th ere.
Mr., Nias said, he th ought when his Honour came
to hear the charge all( gad against Messrs. Angell and
Cooper, it would be his opinion that the course he
(Mr. Nias) was pursuing in this examination was the
proper one. He was instructed that the facts were
that Messrs. Angell a nd Cooper when they waited on
his Lordship at the Countess Dysart's took with them
Mr. Flower and a polit:eman. The policeman waited
outside the door, and -when his Lordship came down
he was told that the a was a policeman outside the
door ready to take him into custody for obtaining
money under false pre ,ences. Mr. Bower, the agent
for kr. Footner, the solicitor to his Lordship, hap-
pened to be in the Imouse, and instead of its being
between three and fou r o'clock, as had been stated, he
was instructed that it was after dinner, which was
rather between six and seven o'clock. When his
Lordship came down stairs and found that there
was a policeman aubd an Old Bailey practitioner
ready to take him before the Magistrates at
Marlborough-street on the grave charge alleged,
which was the threat held out, his Lordship sent
up stairs for Mr. Bower. It was then stated, so he
was instructed, that, without full security was given
at that time, and at th at place, his Lordship would
have to take the consequences. Lord Huntingtower,
naturally enough, alarm ned at the presence of Mr.
Flower, and the attenO‘ant policeman, consented to
give a warrant of attorn4,y, and the account was actu-
ally drawn out by Mr. Angell himself. Mr. Bower
advised his Lordship not to give any such security,
intimating at the same time, that as there was an Old
Bailey practitioner present on behalf of Messrs. Angell
and Cooper, it would ;le as well that one should be
called in for his Lordiship's assistance. Mr. Steele,
another Old Bailey pr ictitioner, was sent for. He
came. He also advised. his Lordship not to submit
to any warrant of attor;ivg thes
yi,nbu warranttthisdidnootf
attorney.ufficeto
calm his Lordship's fe:trs, who was still anxious to
get rid of the threat by
It seemed somewhat singular how all these gentlemen
—Mr. Hume, who had swept._ away the whole of the
estate, and against whc:m Air. James so loudly the
other day proclaimed, .Mr. Douglas, who was now
not to be found, and the others—were by accident
at the residence of the Countess the very day and
hour this warrant of attorney was given. But there
they were, and the war rant of attorney was prepared
in the house by Mr. Angell, and Lord Huntingtower
signed his name to it. With respect to the allegation
of Mr. Bower being the attesting witness on the occa-
sion,-
madethe account t declare
to
himself a consenting party,
he was only so at t he earnest desire of his Lord-
ship, who entreated him to put his signature to the
rdocument.rules
of
the
Judges
eCourts the
well knew
admitoey was
ew that under the new
be correct. This, he was instructed to say, was the
history of that warrant of attorney, and he had no
doubt but that he should be able to work it out if his
course of examination were allowed to proceed.

Mr. James objected to some questions that were put
in pursuance of this examination, when
Mr. Nias, in support of his right of examination,
contended that the admission of Mr. Jones was in fa-
vour of the course he was pursuing. Mr. Angell's
claim was a charge upon the estate now withheld from
the bona fide creditors. It was a registered judgment,
and though not in action against the bankrupt's pro-
perty, could be brought into action immediately that
property appeared.
Mr. James—You say there is no property.
Mr. Nias—Oh yes, there is property, we hope,
when these claims are cleared away.
Mr. James—You must establish that, then, before
you can inquire.
Mr. Commissioner FONELANQUE having referred to
the clause of the Act, said, I shall take time to consi-
der this point. A doubt does appear to arise in my
mind as to its being the estate that is meant. There
is also the word " dealings," which will allow of con-
siderable scope, but it must be considered, which I
will do between the present time and our next sitting.
If the legality or illegality of the transaction can be
proved in any manner to affect the bankrupt's estate,
then it will be a question whether they can do it,
quia timeat.
Mr. James said, he thought he should be able to
point out to his Honour two or three cases when he
next came before the Court.
The proceedings were therefore adjourned, for the
consideration of the.point of law raised.
MONDAT.—This day the further examination of
witnesses was resumed in the matter of this bank-
ruptcy, which has already occupied so much of the
public attention.
dthi i‘e
Mr. Nias attended as solicitor for several creditors,
an
witnesses who were examined
in
Icro.
uDrseel aomf etrhe foedray.
Mr. Matthew Sherborne,
sworn and examined by
Mr. Nias, stated in substance as follows :—I am an
oilman, carrying on business in Oxford-street, and
also a farmer at Easton, near Hounslow. Knew a
person of the name of Chandler, who lived with a
Mr. Whitehead, and who brought certain bills of the
bankrupt's to discount, to the amount of 4,0001., and
for which I gave cash to the sum of 3,2001. I was,
given to understand by him that they were good bills,
or I would not have cashed them.
Mr. Sherborne underwent a long examination as to
whether, and when, he had instituted any proceed-
ings against Lord Huntingtower for these bills, to
which he could not give any very definite answers.
It was, however, before he was threatened with cer-
tain proceedings in the Court of Chancery on behalf of
Lord Huntingtower.
A person but yourself an interest in them ?—(A pause).
By Mr. Nias—Did you ever execute any instru-
mentNto theon et.i m e that the bills became due, .had any
relating to these bills P—No, I am quite sure I
did not.
When did you first give authority to any person to
act on your behalf ?-IVby, I have mostly lived in the
country,Didyou ever my brother
brother has acted for me.
Chandler a power to act for you ?
and m
—Chandler took the bills ; he was to act for me, and
put the things upon a firmer basis.
When did you first know of the dishonour of these
bills ?—I cannot state, as I kept them with Chandler
to manage for me.
Having given Chandler an authority to act for you,
why did your brother interfere in the conduct of the
business ?—Because he was unconcerned, with Lord
Huntingtower.
Were the bills ever in the possession of your bro-
ther Edward ?—Never.
You have been asked if, before your brother told
you that proceedings should be taken, whether you
gave instructions in your own name to proceed for the
recovery of these bills, and to which you have an-
--Never.
swered "No ;" have you any further explanation to
give of the matter now ?—N one, except that I left it
all to Chandler to act as best he could for me.
Did you give these instructions or authority in
writing ?—Never.
Mr. Edward Sherborcie, of the Strand, was next
called in, and examined by Mr. Nias—l have a claim
against the bankrupt for 20,500/. upon bills, which I
now produce; but I cannot state the particular month
in which I received them. It was, however, at my
own house in the Strand, when no one was present
except Chandler, and perhaps one of his messengers