The Sun.
London, England, 1829-08-25 00:00:00

WORSHIP-STREET.

Yesterday, James Mawby, clerk to Mr. Chilcoat,
of Bond-court, Wa'brook, attorney, appeared before
Mr. BROUGHTON, on summons, on a charge Of Con•
spiring with another person, at present unknown, to
throw John Beazley into prison upon a pretended
debt of 1001.

Mr. Chilcoat was not present, being out of town
when the complaint was made to the Magistrates,
and of course unaware that a summons had been
issued for his attendance.

John Beazley stated, that the defendant bad
lodged in his house about seven months, and quitted
him last March, and the complainant had a claim
upon him for about 2/., and meeting with him one
morning, when he Wit?. taking down the shutters of
Mr. Chilcoat's office in Walbrook, asked him for it,
and told him that, in justice to his family, he must
take out a summons for the money if it were not
paid. The defendant told him that if he did so,
it would be the ruin of him (the complainant) and
his family, and send him to the King's Bench. He
did take out a summons, and the Com Missioners
upon hearing it, ordered the defendant to pay the
debt 1/. 19s. 9d. and the expenses. _ _

Mr. BROUGHTON—When was it that the case
was heard before the Commissioners? Complain-
ant—lt was on Monday—this day reek.

To further questions, the complainant replied that
he was arrested on Wednesday morning at break-
fast time for 100/., at the suit of a person named
Fisher, whose name he had never before heard.
Elizabeth Fanner, Mrs. Beazley's sister, was at
the Court of Requests with her brother-in-law,
when the summons was heard. The defendant
Mawby was ordered to pay, and she heard him say
to Beazley," I'll have you in the King's Bench, and
ruin you."
Thomas Garrett, the Sheriff's officer, produced a
writ which he had received, " Wm. Jonathan Fisher
v. Beazley," for 100/., upon which he and his as-
sigma Josephs arrested the present complainant
Beazley. He did not know Mawby, and had not
seen him till the present time. The writ was given
to his assistant Joseph.

Mr. BaouGicroN-1 believe the common law at-
tornies all have their sheriff's officers, whom they
usually employ ? Witness—They have.
Mr. BROUGHTON—And have you been employed
by Mr. Chilcoat ? The witness said no, he had
never done business for Mr. Chilcoat before.

Mr. BROUGHTON—Do you know any thing of the
defendant ? Witness—l can't say I ever saw him
before.

In answer to other questions, the witness said that
if a writ were brought, the officer executed it as a
matter of course.

Joseph Josephs, the assistant, said the writ was
brought to him on the 18th by the defendant, who
represented himself as clerk to Mr. Chilcoat, the
attorney, %%hose name appeared on the writ. The
witness, knowing that Mr. Garrett did not do busi-
ness for Mr. 6hilcoat, made some inquiry, in answer
to which defendant said, the officers he usually em-
ployed had offended them. He said he wished the
writ to be executed that afternoon, as he was afraid
Beazley would be going out of town. The witness
appointed to meet Mawby at a public-house called
the Barley-mOw, opposite Beazley's house, but ar-
rived there 20 minutes beyond his time, and did not
meet with hint He went toßeazley's, after having
made some inquiries, but not meeting with him,
went the following morning with Mr. Garrett and
arrested him.

Mr. BROUGHTON—Did you know Mawby ? The
officer had never seen him but twice—when he
brought the writ on the 18th, and now that he saw
him in the office.

Mr. BROUGHTON—Then it is in the power of any
man to swear a debt against another, and get him
arrested without further ceremony ? The officer ad-
mitted that it was so. A sheriff's officer thought it
sufficient to hold the King's writ, taking it for
granted that it was correctly obtained.
Mrs. Beazley stated, that on Tuesday evening
Josephs called to arrest her husband, who was not
at home,, and at the same time she saw the defend-
ant Mawby going up the steps of the Barley Mow.
She guessed the officer's business, knowing that
Mawby had a spite against her husband, and she saw
Mawby look hard at their house two or three times.
The officer Josephs being questioned, said that he
did not see any thing of Mawby on Tuesday even-
ing, and in fact saw him but on the two occasions
before-mentioned.

Mr. Buddy, a clerk in the Middlesex Bill-office,
produced the affidavit of William Jonathan Fisher,
swearing that " John Beazley owed him 100/.and up-
wards, for leather, and for money laid out and ex-
pended for the said John Beazley, by said de-
ponent." lie had no recollection of having seen
Mawby before, and could not identify the person by
whom the affidavit was sworn, on account of the
number of persons who daily attended at the office.
A precipe was brought to the office and affidavit
sworn, and the writ issued as a matter of course.

Mr. BROUGHTON—Then it is in the power of any
man by swearing to a fictitious debt, to get a writ
for arresting another ?—The witness admitted that
it was ; and from his explanation it appeared that
the present practice was an improvement upon that
which formerly obtained, when any plaintiff choose
to come and swear to a debt, had a writ issued forth-
with. It is now necessary that a precipe should be
endorsed by a known attorney, with his name and
residence.

The defendant, being asked what defence he
had, said he was not guilty. He had been advised
by his counsel not to offer any defence then, but to
leave his case and the evidence in the hands of the
bench.

Mr. TWYFORD, w!io had heard the former part of
the case, now came Upon the bench, and
Mr. BROUGHTON Informed him, that after the
examination on Saturday, Mawby came to the office,
and, in explanation, said that Fisher was a hair-
dresser at Hythe, in Kent, from whom he, as Mr.
Chilcoat's clerk, received instructions against Beaz.
ley in the regular course of business, and said he
would bring forward the books to prove it; but he
now declined making any defence.
• A brother of Mr. Cbilcoat stated that having
read the report of the case in the Times, he had
written to his brother, who would no doubt come
post to London directly he received the letter. He
could not state any thing respecting his brother's
business.
Mr. TWYFORD, after some further conversation,
suggested that the prisoner should be prosecuted
for forgery, if no person named Fisher• appeared.
Defendant asked to be admitted to bail, but this
was refused in the present stage of the proceedings,
and he was remanded.

STATE OF TRADE.—We are sorry we can-
not announce any favourable change in the state of our
trade. All branches of manufacture agree in describing
the present as one of the most trying periods in their re-
collection. A slight improvement may be anticipated in
the general business, now the winter trade is about corn-
ruenciuki.-411anchester Advertiser.