The Sun.
London, England, 1827-02-14 00:00:00

MEETINGS OF CREDITORS.

COUNTRY DIARY, SATURDAY, Fao. 17.
Cook, W., Newton-upon-Ouse, Yorkshire—Court-house, Wake-
field-11
Cox, W., Burton—Crown, Burton-3
Farber, E., Liverpool—Mr. Leather, Liverpool-11
Gibbs, J., Chard—Commercial rooms, Bristol-1
Haynes IL, Birmingham—Parker's, Hartlebury-5
Humbertson and Co., Kingston-upon-Hull—Dog and Duck,
Kingston-upon-Hull-11
Moakes, J., Loath—Crown and Woolpack, Louth-11
Moon, J., Manchester—Star, Manchester_2
Williams, 0., Bloomsg,rove, Worcestershire—White Hart Inn,
Har t leb u ry— 1 1

Mr. Gerard Callaghan, of Cork, has received from
Mr. Secretary Peel two letters, one written during, and the other
subsequent to, the recent election for the City of Cork, both con-
veying a strong and direct approbation of the principles, the ta-
lent, and the firmness evinced by Mr. Callaghan, in the course of
an arduous and protracted contest. The admiration expressed by
a character so deservedly high in public. estimation, for constitu-
tional spirit and integrity, must have been extremely gratifying to
Mr. Callaghan's feelings.—Dublin Patriot.

LAW INTELLIGENCE.

COURT .OF KING'S BENCH, FEB. 13.
Before Mr. Justice BAILEY, Mr. Justice HOLROYD,. and Mr.

Justice LITTLEDALE,

HICKS V. DUCANE.

Mr. PLat-r appeared to show cause in this case against a rule
that had been obtained by Mr. Marryatt, calling 'von the plain-
tiff to show cause why there should not be a new trial. The
action was brought by the plaintiff,ein his character of a creditor
of a person of the name of Gardner, against the defendant, as the
Sheriff of the county of Essex, for the recovery of the
amount of goods taken in execution by him, belonging
to Gardner. The action of trover was tried before Mr.
Baron Graham, and the jury found a • verdict for the plain-
tiff to the amount •of 88/. The ground on which the
rule had been granted Was, that the execution bad been
fraudulent, for the purpose of defrauding the body of
creditors of Gardner. The learned Counsel now stated, that
Gardner was a farmer ; that havinF become embarrassed,
he had given a bill of sale of his stock on the farm,
his household furniture, &c. to his creditor Hicks, at 287/. ; that
771. was pain to the attorney for making the bill of sale by
Gardner; that 151/. due to Hicks was by this transaction satisfied,
possession delivered up, and the very man who had before that
time been the servant of Gardner-had then become the Servant of
Hicks, and was ever afterwards paid by him. Under these cir-
cumstances, Mr. Platt considered that the question had been
properly left to the Jury, as it had been, namely, whether the
transaction betwean Hicks and Gardner were bona fide? If so,
the Sheriff had acted improperly in having taken the goods sub-
sequently, at the instance of some other creditor. The Learned
Counsel could not conceive iu what way the transaction was
to be impeached, except on the ground that Gardner, with
his wife and children, had been suffered to remain in the farm-
house by Hicks, for a short time after he had got the legal con-
veyance, until it was possible for them to get some other asylum.
Mr. MARRYATT, in the first place thought it an extremely sus-
picious circumstance, that the attorney's charge for meeting the
bill of sale or conveyance, should have been paid by the seller,
when the transaction was to be far the benefit of the alleged pur-
chaser. In the next place, after this document had been executed,
Gardner had admitted that he bad sold oats off the farm and re-
ceived the price of them.
Mr. PLATT said this was 20/. worth of oats that had been ex-
cepted in the bill of sale, and distinctly understood to have been
so at the time.

The CouaT observed, that it (lid not distinctly appear, either
upon the evidence at the trial, or the affidavits now filed, what
the exact amount of the cash was that Gardner had received from
Hicks, or how that sum had been applied, and that it might
be worth the consideration of Counsel, whether they would not
consent to refer the case to some gentleman at the bar, who could
inquire accurately into this.

This suggestion vas adopted, and the ease therefore ordered to
be referred.

KING V. BLISS.

This was an action by the plaintiff, a painter, residing at Sun-
bury, against the defendant, a carpenter, of the same place, for an
assault.

Verdict for the plaintiff, damages 201.
THE XING V. WILLIAM WILLAN.

The defendant was indicted on three several charges of perjury,
assigned to have been committed by him in giving evidence before
this Court, in a cause in which his brother was the plaintiff.
Mr. BROUGHAM, Mr. BRODERICK, and Mr. KNOWLES, con-
ducted the case for the prosecution.
The COMMON-SERGEANT appeared for the defendant.
From the evidence it appeared that on the 21st of January,
1824, a qui tam action was tried in this Court, by which the de-
fendant's brother sought to recover from Mr. Josias Taylor, the
then owner of two gambling houses, Nos. 57 and 58, Pall-mall,
certain sums of money, which the defendant alleged he had lost to
him within the previous year at the game of Rouge et Noir. At
that trial the defendant produced apiece of paper, in which he alleged
that every night, on his return home, he noted down the sums
he had lost, in all amounting to 6501. ; he also, by the dates con-
tained in that paper, described the days on which the different
sums were lost; but although he had carefully avoided stating any
of these losses to have occurred on Sundays, when no play was
permitted, he had mentioned one of his losses to have taken place
on the sth of April, which happened to be Good Friday, when
the house was also shut up. A verdict was found for the
plaintiff in that case. Evidence was now produced to show
that at the time the defendant alleged he had lost his money to
Taylor, Taylor had given up attending the play-room, and the
defendant was in such distressed circumstances, that instead of
being able to stake such a sum as he alleged he had lost, he was
unable to pay a rent of 30s. per week, and was obliged to leave his
wife's clothes as a deposit for the security. The porter of the
house was also produced, who swore that he kept a book, in
which he entered the names of all the parties frequenting the
house, ar.d proved that on the Good Friday alluded to, there was
no play, that Taylor had given up the management of the house
previous to that time, andAhat after 12 o'clock at night visiters
were not admitted. Two ,cilerks from the Bank were then called,
who gave it as their opinion./ that the writing in the list of losses,
which had been produced 1)y the defendant, was not written at
different times, hut all at once, and several persons who had been
in the habit of seeing the defendant play, proved that they had
never seen hiai play for any thing above 1/., and that he had fre-
quently borrowed money of them.
The Jnry, after consulting for about twenty minutes, found the
defendant not guilty.

_
FRIDAY, FEB. 9.
BELCHER V. SIKES AND 02/lERS.

This was an action brought against the defendants, who are the
executors of the late Alexander Brymer, Esq., who was the exe-
cutor of James Brymer,, Esq., deceased, to recover the sum of
9,7271. 10s. 2d. which the plaintiff contended had been received
by Mr. Alexander Brymer from the Commissioners for Victualling
His Majesty's Navy, in contravention of the covenants contained
in a deed of dissolution of partnership between the plaintiff and
Mr. James.Brymer, by which Mr. James Brymer, in considera-
tion of 50,000/. paid to him by Mr. Belcher, assigned all his
interest in certain contracts with the Victualling Office to Mr•
Belcher.

On the deed being tendered in evidence on the trial, an objec-
tion was taken by the defendants Counsel to its being received,
inasmuch, as the proper stamp had not been affixed to it; the
stamp on the deed being a deed stamp, and the defendants' Coun-
sel contending that under the late stamp act it should have been
an ad valorem stamp of 550/. The Chief Justice allowed the ob-
jection, and the plaintiff was nonsuited.
In Michaelmas Term, the Solicitor General for the plaintiff,
obtained a rule Nisi for setting aside the nonsuit without costs.
This day the Common Set rant and Mr. Manning, showed
cause against the rule, and Mr. Solicitor General, Mr. Scarlett,
Mr. Marryatt, and Mr. Chelten, having been heard in support of
it, the Court made the.rule absolute, being unanimously of opinion
that the deed of dissolution did not fall within the words of the
statute, imposing the ad valorem duty. •

COURT OF COMMON PLEAS.-FEE. 13.

COLONEL BERKELEY V. WILLIAM BLENNERHASSET FAIRMAN.

This action was brought to recover the sum of 100/. which
the plaintiff had lent to the defendant. It appeared that Fairman
being engaged in the Palladium newspaper, found himself in
want of money for the purpose of carrying on his business ; in
this situation he wrote to the plaintiff requesting a loan of 1001.
r this,
which Col. Berkeley consenting to do, returned him a cheque for
that amount on Messrs. Drummond, bankers, in town. The de-
fendant and had since refused to pay.
hre. hand-wd
riting
eoabnftai Tne d
A D
of
f ycashFairman,
being fo
unablean d
to
the c
contradict
tyrmadeinctt of
thisc ta tasshfeomr thee n
cheque, were then proved.
Mt
a verdict was returned for the plaintiff for the full amount claimed.

ROLLS COURT, FEB. 13.
WESTMEATH V. WESTMZATH.
Mr. LYNCH said that in this case a petition was filed by the
Most Noble Emily Marchioness of Westmeath, praying that a suit
which she had instituted might be dismissed, and the costs taxed
and paid out of a fund to be raised by the sale of 6,000/. 3 per
cent. consolidated Bank annuities. It appeared, that upon the
marriage of Lord and Lady Westmeath, a sum of 10,0001. was
settled upon her Ladyship, the interest of which was to be paid
during her life as pin-money, and upon her death the principal was
to he divided amongst her children. Only 3001. a year was to
he paid to her Ladyship during the life of Lord Westmeath's father,
and after his death the sum of 500/. a year was to revert
to her Ladyship. The late Lord Salisbury (Lady West-
meath's father), regularly paid 500/. a year as the interest
of the sum settled on Lady Westmeath at her marriage; and
the present Lord Salisbury paid it, that is, paid 256/. for the
first half year after his father's death. He then objected, how-
ever, as he had
aright to do, to pay it to any but the trite-
tees. The trustees were Lord Talbot and Lord Nugent ;
the first of whom declined to act, and, under these circumstances,
Lady Westmeath having separated from her husband, was abso-;
lutely left without any income, and had no alternative but to file
a bill, praying the Court to appoint a new trustee in the place of
Lord Talbot. Mr. Maxwell was agreed upon by all patties ;
and as he was willing to undertake the trusts of the settlement,

her Ladyship now prayed the Court to dismiss the snit and order
the costs to be paid out of the fund.
The MasrEA, of the ItoLts—l am afraid I cannot touch the
fund ; for the bill has been productive of nothing.
Mr. Lvven—lt brought about the arrangement, your Honour.
The MASTER of the Rom,s—There is nothing to show-that I
am very sorry for Lady Westmeath, but as at present advised, I
cannot see the necessity for your bill.
Mr. Lnictr—Will your Honour allow the petition to stand
over ?
His Hoxoua said he had no objection.

Mr. Su6nEN,--1 have no objection to the case standing over ;
but I conceive it will produce no good. The agreement was
made behind the back of the Court, and the Court has no ju-
risdiction.'"

The 111;snin of the Rohs—Lei the petition stand over.

POLICE INTELLIGENCE.

MANSION-HOUSE.—Several little children and two sturdy
men were brought up by Allen, the officer, on charges of vagrancy.
The children he had found running about in apparently the most
miserable plight, with naked feet, in the frost. One of the chil-
dren he apprehended sitting in a court, with a basket, which he
found contained the shoes and stockings of the other children, who
were running about and endeavouring to excite compassion by
their nakedness. When they had got sufficient money in this
manner ere the day had closed, they put on their shoes and stock-
ings, and returned home. The LOAD MAYOR remanded them,
and ordered their mother to be sent for, that she might be made
responsible for their being at large. Several women, the police
are aware, live well by the mendicancy of their children, who are
compelled to bring home a certain sum, generally Is. 6d. per day.
All they get beyond this they spend themselves. Thus a mother
who four or five children, can afford, as the officers state, to
" stay at home, and drink gin like a lady." The children are
flogged if they do not make up the required sum, and when occa-
sions serve, they do it by pilfering.
The two men were found by Allen lying on the ground, without
shoes, stockings, or shirts, shivering as in the most deplorable con-
dition, from the extreme cold. They were old performers, who
were never seen in the city except during hard frosts, when ik.e
public sympathies were strongly excited by their nakedness and
appearance of extreme misery. They disappear with the frost,
because the exposure then excites less sympathy. Some gentle-
men who know the imposture, have often been incited to give
money to the fellows, as a compensation for their matchless thea-
trical performance of wretched characters. No estimate can well
be made of the receipts of these fellows, but they are known to
be such as to induce them to quit good employment, to beg during
the inclement season.
The Lord Maroa sent these fellows to hard labour in Bride-
well, for periods which will prevent them pursuing their occupa-
tions during the remainder of the season.
GUILDHALL—James Box was brought up for final exami-
nation before Aldermen LUCAS and VENABLES, charged with
buying or receiving, and harbouring, a handsome little terrier dog,
knowing it to he stolen.
The Aldermen thought the evidence warranted them in con-
victing the prisoner of the offence charged, but inflicted the slight-
est penalty the law provides—six months' imprisonment, in de-
fault of paying a fine of 201. The prisoner was committed ac.-
cordingly.
Win. Hawker and George Moniell, two sawyers in the
employ of Mr. Aldridge, at the corner of Long-lane, were charged
with being part of a gang of fellows who at the funeral of Harri-
son, the marshalman, on Sunday, took off their hats and gave
three cheers, when the coffin was brought out of the house. A
member of the Common Council, who was attending, gave the
prisoners into custody. Similar manifestations of satisfaction were
repeatedly heard while this enterprising and meritorious officer was
lying on his death .bed.
Alderman LUCAS dismissed the prisoners, strongly reprobating
their unfeeling conduct.

QUEEN-SQUARE—EIIen McHenry, a young girl about
15 years of age, was charged by her own mother with robbing
her continually.
The prisoner said, she had nothing at all to say in her defence.
She was then fully committed, and the mother in an agony of
tears, after thanking the magistrate, left the office.
HA TTON-GARDEN.—Yesterday- Mr. Phillip Crofton, an
appraiser and house-agent, residing at No. 113, Cromer-street,
made an application to the Sitting Magistrate, Mr. Sergeant
SELLON, requesting his advice under the following circum-
stances :

orders for the " Society for the Suppression of Mendicity," un-
derln the ye:.rs 1824, 1825, and 1826, he executed a number of
the direction of Mr. Walker, at that time one of the Society's
principal clerks, and assistant manager, for which, in the first in-
stance, he received cash, and afterwards bills, which had been par-
tially honoured, but leaving the Society debtor to the amount of
106/. 16s. 7d. • When the first bill, to the amount of 501., be-
came due it was dishonoured, and he, Mr. Crofton, having ap-
prized the Society of the circumstance, received an order to at-
tend their next meeting,- which he did ; and in answer to questions
put by the Hon. C. J. Shore, stated that he had for 4 years executed
orders for the Society, under the directions of Mr. Walker, and
always considered the Society responsible. At the commence-
ment
of the transaction he received money; but was s Mtn_
wards told by Mr. Walker that he must then take bills, _rornY
wanted for London, and the cash in the office would be t
of the families (meaning subscribers to the Society)
being aware
imme-
diate use. To this, at the time, he consented, were then that any rule existed against it. Applicanbtes
Walker, could render
examined, and due
re-
ceived, with a promise that they shouldethe
following week by one
notice given to him ; which was don
occasion he attended, and was
of the Society's officers. On that
informed by Mr. Step
hens that the Society, mg). a pri-
vateconsider' were't t
any further answer from the applicant to the
bills were then returned, and Sir. Stephens
no assistance. The
"byaidngneen taken into custody at the instance of the
transaction, raannsda c tAi ofrn.
days after this , was ascertained that
Board. A few
Mr. Walker
transaction between hinisel
declined con
on various. . b
charges of embezzlement, which charges, after
Society,
• te examinations before Mr. Laing, were abandoned.
three private
The Magistrate advised him to consult some respectable soli-
citor, and Mr. Crofton, after returning his thanks, withdrew.
UNION-HALL.—At the request of Mr. Goring, the young
man who was locked up in Camberwell watch-house, by Baxter,
the constable, on a charge of uttering two counterfeit sovereigns,
which were subsequently discovered to be genuine—the sovereigns,
were left in the possession of Mr. Staples, the chief clerk, in or-
der that they might be examined by some individual connected
with the Mint. Yesterday Mr. Powell, the solicitor of the Mint,
attended, and the two sovereigns being produced for his inspec-
tion, he immediately pronounced them good, and at the same
time expressed his surprise how they could be mistaken for coun-
terfeits. Ha mentioned that the most simple method of detecting
bad sovereigns was by the scales, for in no instance had they ever
been known to weigh so much as the genuine by some penny-
weights. _ .

kr. HEDGER, the magistrate before whom the investigation
took place on the former occasion, asked whither Mr. Goring
would still get the full value for his sovereigns in their present
condition ?

Mr. Powell said, decidedly not, as they were so exceedingly de-
faced. He should imagine, that at least Sc. worth of gold was
filed off in the experiment of trying them.
Mr. HEDGXR.—The persons to whom the sovereigns belong
should not be at the loss. Who was it that mutilated them in this
manner?

rtaxter (stepping forward).—lt was me, Sir; and I fear I
have got myself into a predicament, for Mr. Goring threatens
to bring an action against me for false imprisonment, although he
was given into my custody by a shopkeeper at Camberwell.
The Magistrate.-----Then you should be careful how you take
such charges. I hope it will make you more cautions in future.
Mr. Goring did not attend at the office; but his sovereigns,
through, which he has suffered not a little punishment, art there
ready for him, in their mutilated condition, whenhe thinks proper
to call for them.

There are no less than-forty-eight juvenile offenders
now confined in Shepton Mallet gaol, some of whom, it appears..
have been brought up in the nationaPschools at Bath.
A few nights ago the residence of Mr. Ferguson, in
Paradise-place, Stockwell, was broken into and robbed of several
hundred pounds' worth of property. It appears that the above-
named gentleman and his family set out a short time since for
through
Ireland, leaving the house, &c. in the care of an elderly female.
The night the house was attacked, the person who was left in
tchhiasrgceircduidmnstoatnseele:pefftleicetcdre, and the
etnhetrathniceevbety,
cuttingt
aking advantage t
h ofo
panel of the door. ,Every room in the house was ransacked ; all
the carpets and floor-cloths were taken up. The hook-cases in
the library were wrenched open, • and the most valuable books
packed up, which, together with a variety of other property, were
carried off the premises. A grand pianoforte, which stood in the
parlour, was completely spoiled, the thieves having taken ont the
keys, and unscrewed the legs off, leaving nothing but the empty
case, which was too unwieldy for them to take away. A cart was
seen early in the morning near the house, in which the property
was conveyed away. Pople, an active officer of Union-hall, is in
pursuit of,ths. thieves.