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London, England, 1802-12-23 00:00:00

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fM COITIHVATION !SON THS ?RIMING ?Ad&

COURT OF WIWI BENCH, DEC. sz.
SOURIS 11. WAINWRIGHT.
This was an Action for malicioudy Cuing out a
Coramitlion of Bankruptcy :—the circirmlances
dated are
.molt extraordinary.
Mr. Giasi opened the Plaintiff's cafe very nearly
as gallows : .4 This cafe, if proved to you, as I hive
no doubt it will, will call for your tenons attention,
and will require, at your hands, ample fatitfiaion
to the perfon who has brought this aaion. You
h.ive colleaed frOm the ftatement of the pleadings,
that this is an aaion againft Mr. Wainwright, for
haring malicionflv. and -without probable eaufe•
flied out a Commiffion of Bankroptcy arena Mr.
NViiliam Holmes, the Phiiitiff. When I know that,
Iclr.Wainwright is an attorney, that he is the pelt-i
Coning creditor in the commiffion ; that himfelf
was the folicitor, in fa!t, in it, I cannot conceive
that he could have had any other objea in view,
fning out this commiffien, but that of putting
money into his pocket, as folicitor, under the co'M.
utitlion ; that is, for the purpofe of obtaining the
Colts which would accrue to him in that capacity,
at the espence, and to the otter ruin of the Plain-
tiff *: unlefs that be his motive, I profefs pnyfelf to
be utterly at a lofs to find any for his condud.—
The Plaintiff, in this ation, followed, for between
so and 3o years, the bufinefs of an ironmonger,
at Leeds, in Yorkfhire, and, in that time, gained,
what, for him, was a confiderable [urn of money.
Hepurchafed fomc cottages and ground-about him
--bandit on the ground fo purchafed, and thereby
added confiderably to their value ; fo that the
• boufes, of which he was the owner, were worth
emir 20001. which hoofes were fold by Mr. Wain.
Wright, the Defendant, or by his order, and which,
by that forced laic, produced near t fool. but I
can prove to you, that their real value is confider-
ably more. In the year i7fig, when this Commif-
lion was Cued out againft him, Mr. Holmes pof-
feffed, at lead, enough to pay all his creditors fix 7
Millings in the Pound, and yet he was, to a certain
degree, prefed for moneyrowing to fcveral caufes;
there was, at that time,"a confiderable itagnation
of his trade, and he had laid out a great deal of his
*lone), in the purchafe of the land and boufes I
have mentioned: He was called oa for the dif-
charge of fome few demands which he was not able
at the moment to pay. He therefore borrowed
tool. upon a mortgage on this property, and that
was the only charge upon that property, which was
worth toool. Mr. Holmes, tome titicafterwards,
had occafion to burden his property to another (mall
amount, the amount of only 1501. to carry on his
buGne(s, without preffing on his creditor?, or doing
any thing that was inconvenient to him in trade.
About this time Mr. Wainwright arrived at Leeds,
Ind commenced his banes there, not only as an
attorney, bat aWo as a money-leader. He adver-
tired that be had money to abance to thofe who
had any-feeurity to give for it. It Mr. Wain-
wright hod this money to tend, and was difpofed to
lead it at the legal intereft of 5 per Cent., though
perhaps it ie not what one would with to recom-
mend, yet he had a right to do it. He advertifed
that be had money tcly lend, and my client, Mr.
Holmes, okras foolifh enttgh to apply to him for a
loan ett ;591. .It awes agreed between them that
- z col- Puoitl# be; advinied at the rate of 5 per cent.
for thizepeora,but oftetwArds it was wade payable
in two. yam amid •aha*, This tranfaaion todk,
place in June, tBoii, and I take it for granted that.
as Mr. Wainwright himfelf drew this deed to ft-
cure his own money, as a further mortgage on this
eftate, and the interelt.that on the payment of the
interca together with the Principal at the time of
payment, that deed contains a claufe that the
mortgagor fhould remain in poffeffion,becaufe that,
isaneceffary claufe for the intere ft of the mortgager;
I know tlrit Mr. Wainwright is an attorney, ,and
undo-Rands thefe matters. I cannot fuppofe that
tie could think of acting fo abominable a part. I
cannot fuppofe that he, when he drew a Deed to
Acute the payment of his own 15oL would omit
the ufual and necelfary claufe for the proteaion'of
the Mortgagor, that is the borrower of the money.
I fay this the more confidently becaufe Mr. Wain-
wright has charged us for preparing a long and
fpectal conveyance of Mr. Holmes to him-in dna,
to fecure the h Sol. and interest, together with his
journey to Wakefield 121. s. 3d. I take it for
granted that in drawing of this deed for which
there is this charge of 121.55. 3d. Mr. Wainwright
did Mr. Holmes jutlice, However, Mr. Wain-
wright had no former lent this money, at 5 per
cent. and got this turn of money for drawing this
deed, but be began to confider how he could get
back his money, and fo charge fome other perfon
another fum of 1 21. for drawing another loch deed.
I cannot comprehend how he could have been ac-
tuated if he was not aauated by that motive, for I
have known another perfon ail upon that motive
in another cafe, arid I know of no other motive that
tan have aauatesi Mr. Wainwright in this trinifac.
lion. M. Wainwright knowing that Mr. HOlises
had been rather preffed for money at that MOTIRCOtt
bethought himftif how he might mod 44144,
s urn 14r. Holmes. It Occurred tithint that a com-
suillion of bankruptcy was a goo 4 thing, and hedge
tuanined on having it, althouglp*:•gohnes had.
been confiantly appearing in his. atfinefs i and I
will prove to you, by thofe who 'refided in hid
hour', there was no colour for calling bins a bid:
rapt, or of imputing to him any thing like an aii•
ti bankruptcy, or drat Mr. Wainwright could hive
the leaf furpicion that 'Mr. Holmes was a bank-
'apt ; and yet he firuck a docket, and fued,out a
Commiffion againft him. You will take it for
granted, that Mr. Wainwr_ight ;dogma himfelf
.%! the time of the affair, 9f W;o2lpiphi common

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.`''' it• h wet Iti '
Mr. Hobbit to 4 nothing in te, WO&
eftitte, pit, would more than cover his debts} l
Mr. Wainwright fold it for 14001. or tscol.2
all the debts collected together by tht Mtn& i '-' '
try of Mr. Wainwright, amounted only to 13041.
is. vl. This Mr. Wainwright knew perfeetly well.
But this wis not all ; for Mr. Holnies had flock
in titide anrboolt debts, good book debts to a large
amount, and furniture in his houfe; fixtures, ac.
which made up the property to between aired.
and 'soda In a word, it appeared that the debti
, a Mr. Holmes were 136 and his property 44271.
Now, Gentlemen, Mr. ainwright either was er,
was not acquainted witfithe taws of Mr. Holmes.
If he was may thaw cam* be any thing worts than
his . taking-out this Commiffion to hares Mr.,
Holmes. If he was acquainted with then), he Mott
have 'known that the Conniiilion was totally with-
out foundation. But you will be anxious to know
who the creditors were who proved their debts
againft Mr. Holmes under this commiffion? They
l' were no other than Mr. Wainwright himfelf, and
two Attornies acquainted with him, befides the
original mortgagee for Roo!. The name of one of.
the Atternies is Blackburn, the name of the other is
Lee. To Mr. Blackbprn Mr. Holmes owed 451.
and Mr. Lee 611. los. all the other debts of Mr.
Holmes did notamount to 3ool.andnot one of them
pretfed him ; yet notwithftanding all this, Mr. I
Wainwright filed out this commiffion,andalthough
there was no pretence for faying that even his own
intereft for tsol. was not duly paid, and Mr. Wain-
wright himfelf is the petitioning creditor fuing out
this Commiffion. Now, it is well known, that
when a petitioning creditor claims his debt under
a commiffion the firft thing that is anted of him
is, whether he holds any fecurity for that debt
and if he rays he does, he mull bring that to public
fak, and come in for the remainder under the corn-
million. Mt. Wainwright knew this ; and he knew 1
that the moment he had fold this eflate in houfes
for 35001. there was an end of the commiffion. I
now, therefore, refer to you, as men of common
fence and candour, what you think of the condua
of Mr. Wainwright in fuing out this commiffion of
bankruptcy ? He had a debt of 1501. due to him,
for which he had complete fecurity, and two years
and a half had-been agreed upon for the payment I
of the principal. He knew that the moment ke
proved his debt there would be an end of the bank
ruptcy, becaufe it appeared that he had an ample
fecurity for the payment of his debt. Then Ia&
you, whether I fay too much, when I fay, that
Mr. Wainwright Cued out this commiffion merely
from the motive of getting the profits which he
fhould derive as Solicitor, and to get back his 1501.
for the purpofe of charging fome other fimple per-
fon with 121. more for making out a deed of con-
veyance. Betides the debts of the two other At-
tornies„Mr.Blackburn and Mr. Lee,how much mo-
ney, think. you, was proved of debt of Mr. Holmes
under this commiffion ? 111. and no more. To
whom was the commiffion directed would you fup-
pole ? It was direCted to two other Gentlemen of
the profeffion of the law, Mr. Blackburn and Mr.
Lee, both anomie& and both known to Mr. Wain-
wright. A more foul conduit it is impoifible to
conceive than this of Mr. Wainwright. Ido not
tam,/ that a commiffion is void by being direeted
to the creditors of the bankrupt, but this I' know,
they were very improper per&ns to whom to di-
re& it. Mr. Scatehard, a refpe&able man, was
included in the names of the perfoas to whom the
commiffion was direCted. On examination of the
cafe, he refufed to declare the man a Bank-
rupt : and he refufed it more than once ; but
the other two were for declaring him a Bank-
rupt. Mr. Scatchard perfevered in refuting to
declare Mr. Holmes a Bankrupt. In the mean
while, it was contrived to throw Mr. Holmes into
gaol for col. by a perfon of the name of Cookfon,
;and then, fomehow or other, they got up proof of
an A& of Bankruptcy, and fo he was at laft de-
clared a Bankrupt :he laid in gaol, with-his Corn-
miffion of Bankruptcy againft him, for eight months,
without friends, and without affiftance ; at la&
the Commiffion was fuperfeded. Mr. Wainwright,
the Solicitor under the Commiffion, and the peti-
tion'ng Creditor, had it in his power to name him-
felf Affignee, bowie he was the only creditor who
proved a debt, except another for 131. ; but this
might interfere with his profits as a Solicitor, and
therefore he got a friend of his, Mr. Jacques, ap-
pointed the Affignee. Mr. Wainwright and the
Affignee then proceeded to a fate of the bankrupt's
effe&s.—[Here Mr. Glass defcri6ed the fale, and
Rated the fums due from Mr. Holmes, obferving,
that no attempt was made to call in the debts of
Mr. Holmes, which were about 12001. nor any of
the flock, which was worth between 3 and 4001.
but they proceeded to the fale of the effete, becaufe
that was the' moll ready way to ruin this.poor
man, and alledged they did all they could te make
it fell as low as poffible. The fale thus took place,
the man remained in prifon, but a tranfaCtion of
this fort, he fait], could not long remain in fuch a
hate ; the man was Allied; he applied in the year
1 800, to have his Commiffion fuperfeded.]
" I will not repeat to you, Gentlemen, what the
1 M. .ord Chancellor Paid of . Wainwright on that
occafion. I (hall only (late, that he made Obferva-
tions on him as an Attorney, and onhiarouth, and
be expreffed a hope, that if, after this, he was
permitted to remain on the Roll of the Court, he
would corred his conduCt. The Chancellor direeted
that the Commiflion &odd be fuperfeded ; that
you will readily believe, and at Mr. Wainwright's
expence ; that juftice required, for it was procured
by Mr. Wainwright's mifconduCt. His Lordthip
referved the quehlion of colts fora further hearing.,
Mr. Wainwright had full time to prepare hitnfelf
on the quellion of colts; •fix months were allowed
for that purpofe. - Mr. Wainwright anfwered the,
call as well as he could. He put in fuch affida-
he pleafed The cafe oft carefully
• by __
Mr. Wails•
111. his
I p..the
than
, his
order

tl4)
he

• .
irat- entitled UM. ent a titlaifilon.aqt a
farthing of interest dne, on his mortgages and
*retort: X &mot ccineeive any motive in km,
Reef* that of pocketing Alit he;cOuld 'gain by
ow, to thew you the difpofition of Mi. Wain-
' *Mit towards Mr. Holmes, and that he was de-
lihanietkfront the beginning to the end, to crulh
Nu intiticos4l4 I will read to yontwo letters
wbieli•Mr. Wainwright Wrote-to the creditors of
Mr. Holmes, one to a perfon who had a fmall de-
mand, only 81.. which wet never proved.under the
crimmiffirin. 'and which had never been demanded,
but which Mr. Wainwright wanted {o-be made,
for he took great pains to mike Mr: Holnies's ire.
disors to • call on him for 'the- payments of their
deists. It was•dated• tech Septeenber, tBot, be- ,
fote be had received that ireful lettere which was
delivered whim by the Lord Chancellor. [Here Mr.
Gibbs read theletter, which, after living that the
affidavit of the party was prepared, proceeded to
date. " That in confequence of the unfortunate
erniffion of a few effential words -the proceedings
on the COmmiffion of Bankruptcy are now fuper-
feded."] Mt. Gibbs Aced how Mr. Wainwright
dared to fay this, when he knew the Chancellor
had delivered his fentimenti on the whole cafe
He Paid, that Mr. Wainwright had cendutted him-
felf in-this cafe molt infamoully, and therefore it
nes that the Comtniffion was fuperfeded. Mr.
Gibbs then read another letter from -Mr. Wain-
wright to a creditor of Mr. Holmes, whom he had
invited to come forward to prefs upon Mr.
Holmes, but who had declined it : the letter had
this obferration in it. It is in the law as in coal=
pits, "firft come firlt ferved;" and then affuring the
creditor, that if he had his orders to sue Mr.
Holmes, he fhould obey them. P. S. " You will
be to good as not to take notice of my having done ,
this."

Mr. Gists then concluded with expreaing
hope that Mr. Wainwright's Counfel would call
Tome evidence, to entitFe him to a reply in this
cal's, for he twat very anxious to do Mr. Wain-
wright juflice. On the fubjeit of damages, he faid,
that any fum might be given againit fuch a man
as this defendant, although to the extent of his
fortune, or more, the Jury would not confider aay
thing but what the plaintiff ought to receive ; for
as to the defendant, they would not confider him
who had not confidered others.

In proceeding on the proof, the Commiffion of
Bankruptcy was read. -It is dated 17thiDecem-
ber, I Soo, on the petition of Thomas Wainwright,
of Leeds, in the county of York, Gentleman,
againft William Holmes, of the fame place, iron.
monger, dealer and chapman. It then appeared,
on comparing the Petition and the Record of this
iffue, that the claufe of the Quorum of the Corn.
miffioners was not Rated in the Record, and there-
fore

,Lord ELLassOROVGH held, that this was a fatal
valiance, and therefore turned the plaintiff round ;
but, Paid his Lordlhir, if the cafe has any re-
femblance to the opening, it is molt alarming ;
indeed, it is matter of regret to me, that this courfe
mutt be taken. I would advife this defendant, if
there is any foundation for what has been hated
againa .him (and he knows whether these is or not)
to try to prevent this cafe from coming here again;
for it mu*, if proved, put an end to his chara4er
for ever. The idea is out of quellion, the thing is
out of fight, that furls a man (if what is Paid be
true) Ibould be permitted to pradife as an Attor-
ney : and indeed the perfons who aced under the
Commifliori (if this be true) ihoidd never hawit
Commiffion direaed to them. However, lam
hound by law to Nonfuit the plaintitE—Plaintiff
Nonfuited.

Mr. Ea se IN i raid, there were two fides to every
cafe. The defendant's had not been heard.

Yefterday R. Gibbons Hood in the pillory pur
fuant to his fentence, for a libel on Mr. Shuttle.
worth. He was brought in a hackney coach to
the Seven Dials, attended by Mr.,Kirby and Alf.
tants. The Sheriff alfo attended, with a number
of conftables. After ftanding the ufual time, he
was recondueed to Newgate. A large mob was
collated, but behaved in a very orderly manner.

Yeflerday morning, about a quarter before fix
o'clock, a daring robbery was committed in St. 1
Paul's Cburch-yard. As Mr. Woodley, a
monger in Princes-ftreet, Soho, was on his way to ,
Billingfgate market, driving a light cart, he was
flopped by five ruffians near the end of Paul's-
chain, one of whom took hold of the horfe's head,
while the other four dragged him out at the tail
of the cart, where by ftnking againft the fide of
it he was moft dreadfully bruited : they then rifled'
his pockets of •i 11. 18s. in money, tome other ar-
ticles, and took three barrels of oyflers from the
cart, leaving the unfortunate man in the road to
get up as well as he could. •

Yetlerday, between twelve and one o'clock, as
one? of the. Bromley and Lewilham long coaches
was driving up the Strand, a young Lady, an infide
palcnger, who happened to fit in the hind part
of the carriage, leant again& the door, which,
unfortunately, flew open, wheti (he fell out. She
clung by the door, but her cloaths getting entan-
gled with the wheel, the was dragged by its rotary
motion till In the molt perilous Rate.. Providen-
tially, however, the coach was flopped before the'
fttaained any ferious injury.

On Mcmday afternoon, as Mr. Glover, a fugar-
baker, was rethtning to his houfe, near the Nag's
Head, on the Wandfworth road, he was met near
the Stags'Heads by three footpads, who, after rob-
bing. him of all his money, and even his hat, soft
villatnottfly cut his horfe's reins. The anima; be
ing very fpirited, and finding hitiffeif at perfea
betty, immediately galloped off full fpeed, to the
imminent danger of Mr. Glover, who confiantly
called aloud for affiflance, without being fortunate
enough to obtain any; and it was not until he had
been in this perilous fituation for a length of time,
that the animal could be flopped on Wimbledon
Common. Although the chaife is almoll broken
to pieces, by frequently coming in comae with
the poll% on the fide of the road, we are happy. AO
Rote, •Mr. Glover (attained no material buday
injury. • . 1;1 4..0f 4z.. •

eg" the Rate of. the affairs of Mr. Holmes; (poison vits as he pleafed. The cafe wad isspfk carefu:
hune(y, if Mr. Wainwright pe&llu w9skl. looked at by the Chancellor, and atina.Mi..Wa
have induced him to make bimfejf acquainted with wright was ordered to pay the plaintiff all 1
the concerns of Mr. Holmes,. before he, took out a coils ; and as to the affignment of the bond. t
Cominiffiun of Bankruptcy again{! hlm. Now..l)A Chancellor had:no Oicrreafon forVcfuting it, th
than have his choice—either be did makellUpfeil that he doubted whether, as it as given to 1
acquainted with tis conic:nu:if Mr...kiblancs. or ha predeceifor, Lord , KoQin, be had ppater to or 4
0.14 Poi. If be did not, his conduit is.of the
,black: an arwaiatt of 4. * Mr. Wainw4a had
ell fott, if be did ity, Teill 01,1 rms ea* thctr. glawf $41,41,140 Agaii4 Mr. Ithnes. :
there euuMre oirla ; siijobai centrait Diva:mac upperforrad; whit&