Star.
London, England, 1801-07-07 00:00:00

ntriaziammi.

cbuaT OF ZOO'S BENCH, JULY 4. _
• DURAND NI. NYKILE AND ANOT4ilk.
Mr. ATTOItIIIY Gametal. obferved, that this
was the la& fpeech, eonfeffion, and dying words of
the Bankruptcy of John and Thomas Steele. It
was an iffue feet by the Lord Chancellor to try
whether the bankrupts were indebted to Mr. Du-
rand in the fum of tool. or upwards, prior to the
stli of January 1789.
' From the evidence of Captain John Steele, and
of his brother, Mr. Thomas Steele, as well as of
(everal other Gentlemen, it appeared clear that
the Meffrs. Steele owed Mr. Durand upwards of
k3ool. prior to the year 1789.
Mr. ERSKINE, on the part of the Defendants, ob-
ferved among other things, that this cafe evinced
'in a very finking manner the neceffity of a refor-
mation in Tome part of the Bankrupt laws. Five
'Commiffions had already iffued again( there Gen-
tlemen, in confequence of which moft of their rub-
' fiance which ought to have gone into the pockets
of their creditors, had been wafted in litigation.
The Jury found a yerdidt for the Plaintiff.
JULY 6.
NATISON V. NARTSINCIS AND ANOTNIR.
Mr. EISKIVIR ftated that this aeltion was brought
wind Mr. Hartfinck and Mr. Hutchinfon, two of
' the partners of the Security Bank, on a Promiffory
Note for tool. but which, including • interelt,
amounted to 1171. cos. Mr. Playfair, the other
partner, had allowed judgment to go by default.
The two Defendants had pleaded they were Bank-
rupts, and had obtaiued their certificates, which
they let up in bar of this anion. Thefe three Gen-
tlemen conftituted the firm of the Security, Bank,
which was never in very high reputation in this
country. The Counfel believed that perfone who
were heft acquainted with the principles of com-
merce thought the facility with which people were
delivered from their debts after they had involved
many perfons in ruin, was not only extremely pre-
judicial to the individuals immediately concerned
in it, but that it was extremely detrimental to the
great interefts of commerce themfelves. lilac could
(hew in this cafe that the certificate of the two De-
fendants,which if fairly obtained mull undoubtedly
furnifh a defence, had not proceeded voluntarily
trom four-fifths of the creditors in number and
value, but that it was purchafed for a furn of mo-
ney, or that there was a fpecial agreement or pro-
mire of money, that would void the certificate.
If it fhould turn out ftt there parties had con-
cealed any part of theVeffeits to the amount of
tot. that alto would out down the certificate.—
There was another provifion by the 3th Geo. 11.
and that was, if within twelve months before the
date of the Commiffion, the Bankrupt had gam-
bled in any of the public fecurities of the country,
and had loft to the amount of tool. his certificate
was alfo void. There-were all molt wholefome
provitions ; and there was no man* of doubt
that the forfeiture was often incurred where it could
not be proved ; and therefore Courts of Juflice
would lend a willing ear' to witneffes who could
;ils,::nEthjituocathraliday, obp:ndifudch• nontefaicrrimowus twrahnerthafteriotiLs.s
Lorcithip would permit him to thew that this Com-
atiffion of Bankruptcy was a fraud from beginning
to end. The Bankrupts did not owe the Petition-
ing Creditor any thing. He himfelf had been sr;
Bankrupt a few weeks before, and had not one'
farthing. No aft of Bankruptcy was con:mined:
They wanted one of their clerks to (wear to an Ad
of Bankruptcy, which he refuted to do, becaufe it
'did not exift ; and they gave a difcarded Clerk tea
guineas to (wear to an A& of Bankruptcy, which
Tie did. He could alto prove that the petitioning
,creditor's debt was on a note which was not in-
:dorfed to 'radon, the petitioning creditor, for any
twalnable copfidet ation.—As the molt effeCtual way
to proving this opening, Mr. Erfkine propofed to
lay before his Lordfhip, and the Gentlemen of the
Jury, the proceedings under the Commiffion.
Lord Kew root was clearly of opinion that they
could not be read in evidence, and that if the So-
licitor under the,Commi(Goa were to produce thorn
without the concurrence of his clients, he would
betray their interefts, and become a criminal.
Said his Lordthip. I believe there is a orovifion in.
tome of the Bankrupt Laws by which an application,
may be made to the Court of Chancery to have the
proceedings enrolled, and then they may be made
evidence. But that has not been done in this cafe.
The two' Certificates were here produced and
read, and alto the Promitrory Note for tool. upon
which this anion was brought.
Lord Kemirom--" I am very forry for the cre-
dulity of poor people taking fuch fluff as this note;
'and yet I fuppofe there are millions now afloat on
us that have juft as little foundation as this."
The fink withers was Stanley Leeths, who raids
be had been confidentially employed by Mr.ilian-
finck to make out his accounts previous to his lat
examination before the Commiffioners of Saab:
rupts. Mr. Hartfunk told him he had been pa,
bling 4 great deal in the Funds within a year be-
fore liisbankruptcy, and that he had loft between
3 and 40001. by (peculating for time. He knew
Mr. Parker the Pawnbroker, in Fleet-ftreet, whif
was a creditor of the Bankrupt's,and Parker would
ant agree to fign the certificate, till Hartfinck
agreed to purchafe the Notes of his in Parkeeffis
poffeffion. Mr. Hartfinck told the winters be muff
obtain the Certificate at any rate.
Lord KENYON Paid, he thought they had put an
-end to Hartlinck's Certificate.
The witriefs on trots-examination, (aid he was
now private Secretary to Lord Gwydir. He bad
We a Clerk in the Security Bank, and bad been
natukrupt in cocaina:ace of the Bankruptcy of
Hosulleek and Co. He was then as uncertificated
He had never applied to his creditors
fee ate. lie did not paythern any thing,
aid the fist for which he failed was below wool
He had been a Linen-draper in Leicefter.fields.
Fie was alio a Money.fcrivener in Saliflntry-ftreet,
in the Strand. He carried on that butane(' fee
two years and more. He did a great deal of very
confidential bufinefs in that line, till he tint ortu-
nattily became acquainted with the haute of Hart-
' ---k. The nature of that bursae(' was, to
tnr thole who were

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temporary futtat,, eig not advertife till after
his Bankruptcy, an then he only ad vertifed core.
Mr. Lloyd, of Ludgate-hill, was the petitioning
creditor under his Commiffion. He had lent him
money at various times, exceeding tool. He did
not tell Mr. Hartfinck he had been applied to to
be a witnefs to blow up his, Certificate. He did
not know any perfon employed in the houfe of
Hartfinck to value depofits, that fometimes re-
ceived bribes tb value diem at more than they ,
were worth. He hittifelf was employed& that fitu-
ation in that houfe, and be fometimes received a
guinea, and never more, for going perhaps up to
Mary-la-bonne two or three times, and valuing
fome houfes. When he had one guinea, the Sur-
veyors had four. Mr.Hartfinck always knew of the
money he received. When Parker, the Pawn-
broker, figned the Certificate, he was no creditor.
Leonard Hebden, the next witnefs, raid, he was
once a wine-merchant at Litchfield in Stafford-
(hire, and afterwards came into the employment
of Hartfinck and Playfair, as their Book-keeper, in
May 1797. Mr. Hutchinfon afterwards became
a partner. He continued in their employ till their
bankruptcy. He knew that Hartfinck was en-
gaged in tranfatlions in the Funds. He had told
him fo : and ite had a minute of one of thefe tranf-
atftions. It was a minute taken fince he became
a Bankrupt. It was what he had inftrufled the wit.
nefs to infert in the books. It was—" On the 31a
of Auguft, 1797, loft 3021. 4s. 6d. by fpeculating
for time in the Public Funds." Hartfinck told
the witnefs to put down that fnm in the books,
and that it was a debt on account of all the part-
ners. Hartfinck regulated the whole bawds of
the houfe. He did not communicate to Mr. Hart-
find( he had made that memorandum. From it,
it appeared that R. B. Sheridan, Efq. and Charles
Carpenter, Efq. were parties to that tranfaSion.
That memorandum was communicated to him by
the Plaintiff's attorney, when cute of thefe affirms
was brought at Weftminfter, and was fettled by
Mr. Sheridan.

Mr. Patten Paid, he was a Merchant, and knew
Mr. Tinfon the petitioning creditor, under Hart-
finck's Commiffion. In the month of OCtober 1797,
he was applied to for a note on the houfe of Hart-
finch, of which he had a great many. He had
direaions from Hartfinck to give any one of thefe
Notes to Tinfon ; and in confequence of there di-
reftions he gave Tinfon a Note for tool. Tinfon
bimfelf, vveerryy recently before that, had been a bank.
rape. Tinton gave him no confideration for that
note. He underftnod that Tinfon was to raife
money for the Ilona.
No evidence was given againG Mr.Hutchinfon.
The Counfel foi- the Defendant obferved, among
mony other things, that Mr. Hartfinck had been
moll unfortunate—had been a man of large for-
tune--and by fetting up his Security Bank for lend-
ing money on pledges, &c. had been ruined by
Prayfair. He and Mr. Hutchinfon had fo con-
cluded themfelves as to become the objets of the
compaffion of their creditors, who had granted
them their Certificate. The Counfel made a num-
ber of ftrong obfervations on the evidence of the
two fir( whittles, and thought the Jury would
not pay any credit to what they had (worn.
Lord KINYON obferved to the Jury; that this
was an Aaion upon a Promilfory Note for tool.
and the intereft due upon it, againft the three De-
fendants, who were Partners in the Partnerfhip of
which the Jury had heard already.—The Defen-
dants had taken different lines of defence—The
Defendant Playfair had (offered judgment to go
againit him by default, and therefore, as againft
hum, nothing remained to be done but to affefs
the damages.—As to the other two, the only quer-
tion was, Whether the Certificate was or was not
valid ? As to the Certificate of Mr. Hutchinfon,
there was no evidence to Thew that it was not got
in the way of fair dealing in trade, and, therefore,
he was entitled to a verdia.—The cafe of Mr.
Hartfinck then remained to be confidered—The
Aft of Parliament, had by way of humanity pro-
vided, that if a man fhould render a jut and fair
account, although unable to anfwer his Con-
crafts, he thould be made free of the world, to
try his fortune again which was the Cul:dance
of the operation of a Certificate. The Law had
breathed its wills that an honeft though unfortu-
nate man might have another chance to live
and to become creditable in fociety—On the other
hand, the Law had thrown fome fences around
the intereft of the Creditor in this cafe, to annul
the Certificate of any Bankrupt, if it fhould
appear that the bask-rapt had 101 l a certain
furn of money by gamins, of which (peculating
and bargaining for time in the funds was an ag-
gravated Ipecac& Now that this was the cafe in
this inftence, was proved by the lintels Leech%
if the Jury believed his teilinsony. It was matter
of aftonifhment to his Lordihip, that !itch a man
Mould befit eonneeed, se be laid be was, with the
fervice of Lord Gwydir I perhaps the relation of
mailer and fervent between that Noble Lord and
ftich a perfon would not, after what had happened,
long fublift—but, however, his Lordfhip was not
prepared totally to rejea the teftimony of fuch a
unlefs there was fomething to be let
arinit it. Then the evidence of Hebden fpc-
cined a fum which was loft by Hartfinck. It was
eafy to &tea the falfehood of his teftimony, if it
was falfe, for he .fpoke of an entry in the books,
which his Lordffilp laid, although the parties *ere
not bound to produce, there was nothing to hinder
them. If, therefore, the Jury thought that Mr.
Hartfinck loft this• money by gambling- in the
funds in the manner that was Rated, the certificate
woolibe let afide, and he would remain liable to
the pffment of the Note, in the fame manner a,
if no Inch Certificate had been allowed. As to
Mr. Hutchinfon, there was no evidence to impeach
his Certificate, and there ihould be a veriiia for
hint. As to Playfair, be baying (offered Judg-
ment to pats by Default. there was nothing to be
done but to affefs the Damages againfl him.
Verdi@ for the Plaintiff, Damages i t7L againft
the Defendant. Hartfinck. Damages a&.&d again ft
Playfair, 1171.
Another ACtion of Harrifon ageing. the fame
Parties, under PrmiislY the Came as:
for another NOU of the fame Dati ri ZZ
'was triad, and the Verdia was the fame.
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Another, in which Haittpden egaintt-tbe tame
Parties was tried alto.--:Verdla for the Defendant.
TURNER 0. DOUAT.
This caufe involved a point of eotifiderable im-
portance to the mercantile world. The act ion was
brought for Foods fold and delivei cd,and the.De-
fendiht admitting the Pale and the delivery of the
goods contended, that the debt thus incurred was
already fatisfied. It appeared that he gave the
Plaintiff a bill nearly tti the amount, drawn by
one firanger upon another, and indorfed over to
•him by the payee. Mr. Turner having indorfed
this bill, paid yt away, fu that it paired through te-
vcral hands. The drawer and the acceptor m the
mean time both became bankrupt, and about a ".1
fortnight after the bill was due it was returned to
Mr. Turner. He took it to.dir. Donny.. Mr,
Donal] refuted payment becsofa it was over due,
and after keeping it a day or two fent it again to
Mr. Turner's. Before be did this, however, he
had cancelled his own indorfeinent, and that of the
gentleman from whom he received it.
It was now allowed, that if the Plaintiff had got
it back in the fame plight in which it was when he
parted with it, he would by his &day have made
it his ovule hill, and the Defendant would. not have
been liable; but as he had unwarrantably altered
it, and thus reduced its value, it was contended '
that the parties were in the fame fituation as if the
bill had never exiaed.

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~Y

The Defendant's Counfel argued firongly that
the obligation of his client was gone, and that he
had a right to do with his fignature what he chafe.
By what he had done the value of the bill was in
no degree diminilbed, and he was then ready to
reftore every letter that he had erafed.
Lord KENTON, hOWSVCTOWNS firongly of opinioe
'
to the contrary ; and the Jury, by -his diredion,
found a verdin for the Plaintiff,fisbjeft to the opi-
nion of the Court.
SCATCHARD 9. STATIFORD.
TlVas an anion brought upon the penalty of
an a tration bond for the non-perfornance of ad
award. The circumflatices of the cafe were as
follow. Stafford, who is a printer, had printed
a new edition of the Bible, which he fold to Scatch-
ard. He bought 700, under the idea that he was
buying the whole of the edition upon common
paper, but in point of fan, Stafford had retained
goo copies, fome of which be fold, and confequent-
ly ob (ironed the fale of thofe in the hand of Saatchi
ird, who foppoted, that he was foie poffeffor of
the whole edition. He brought an anion againft
Stafford, which was referred to arbitration ; and
e arbitrators awarded, that the whole remaining
in the hands of Stafford fhould be exported. This
anion was now brought upon the arbitration bond;
it being alledged, that fome had been fold In Eng-
land fince the date of that award. Mr. Allen, of
Finfbury-fquare, it appeared, had purchafed fortv-s
(even copies, ;hi& were traced 'to come fro;rl
Stafford ; among which were two of the common
edition, prohibited by the bond to be fold in Eng.
land.—Verdift for the Plaintiff—damages 51.
LIED 0: LANK.
Mr. Miticiar Rated the cafe on the part of the
Plaintiff;' by which it appeared that he had been
to the Theatre on the evening of the 4th of Janu-
ary left, lind was on his return home, when she
Defendant met him, and entered into converfati on ;
they walked on together, and, after fome time, he
accufed the Plaintiff of being an Impoftor and a
Recall, and knocked him down; he got up, and
the Defendant repeated his blow, in confequence
of which his thigh was broken in the fall. He has
been ever fince incapable of attending to his bufi-
nefs, and thereby a wife and three children are de..
prived of the means of fupport. The Plaintiff is a
Figure Drawer, and the Defendant Clerk to feleffrs.
Railton and Rankin, in Cheapfide.
Two watchmen were called, who faw the whole
tranfaßion. They Rated, that the Plaintiff and
Defendant were walking together about half pall
twelve on the evening in qua Rion, and they law the
Defendant knock the Plaintiff down twice ; the left
time he called for mercy, and faid his thighbone
was broken ; to which the other replied, he did
not think it was, and believed he was only mak-
ing a fiats. The wltnefres interfered, and fecured
the Defendant, whom they took to the watch.
houfe, and, with fome affißance, conveyed the
Plaintiff in his wounded Rate to the fame place.
The Conflable of the night Dated, that at firfl,
when the Plaintiff was brought in, he did not re-
cognize him, his face was fo dillorted by the ago-
nies be underwent ; but that afterwards he knew
him to be an old friend ; and further Rated, that
he is an honefi and peaceable man' and worked
hard to maintain his family. The Defendant ac-
knowledged be had been the aggreffor, when be
was in the watch-houfe. The Counkl for the De-
fendant calletnue witlefs, a Mr. Spencer, who (aid;
cleat as he "rasping through Fleet-greet between
;twelve and one on the sill of January, he Saw a
great crowd of women erf the town and two men
among them, whom he has fince learnt to be the
Plaintiff and the Defendant. When he drew near
be heard Reed fay, " I make a motion that yon
give this lady half-a-gninea ; I Mall give her one
myfelf.” Lane replied, that he knew nothing of
the lady, or of him either. ‘,4 Then, (faid Read),
you are a Lbabby rake'," and immediately fh tick
him. The Defendant then, by way of defence to
this attack, (truck him in return, and he fell, and
the confequence of the fall was as has been Rated.
The Learned Counfel laid, that this would be a
bat to the anion; as, however hard the cafe might
be, Rill if the Plaintiff had given the fit ft blow, be
was not entitled to recover in an anion for da-
mages.
Lord Kim vow faid, that certainly if that twas
proved, it Would put an end to the anion, but here
the cafe was different. The witneffes had proved
the contrary; they had ken the beginning of the
difpute, and borne teftimony that no proiocation
was given by the r • -•;if. whole
hrd, He faw
its given. and the
of damages ,he was
grievous an injury 1
The Jury went
a verchet for the
path.

Plaintiff, whole cafe was extreme-
w no reafon to doubt the evidence
the Jury were to fay what pommy
ras entitledlo, after' receiving fo
ry ?
t out for a (bort time, and found
: Plaintiff--Dassaga Q.c ifindid
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HICKS'S HALL. CLERKENIPELL.

Satnrday Elizebeth was.indifted- for
i
affaulting Mary Flay, and withholding from her
isecelTary foodfor her futlenance.
This was a cafe of the mull diabolical and wan-
ton cruelty that has occurred in out recollalion.
The prifciner lived in a Court, in the neigh-
bourhood of Fmlhury-tqaare, and wag married to
a man of the name of Flay, who had twofemale`
children by a former marriage, the elder aged 13,
the younger 9. From the teflisnorty of feveral ofj
her neighbours it appearod that the was in the
contlant prat:lice of nufragenutly beating, kicking,'
, and maltreating there infants, very frequently;
With oaths and cartes, declaring that fhe would ;
kill them out of the way. In addition tothis Else
gave them In little food, that they have been leen
to eat potatoes 'from a link hole. About three
months ago, they were fent to fetch tome tome:,
from a foup houfe, when they were, from fueh'
complicated cruelty, totally exhaufled, and un-1
able to walk the whole length of she way. They;
tat themfelves down at a baker's door, where'
the fqualid appearance of the poor little wretches'
excited the attention of the pairengers.—They,
*ere take* in doors, and had come food of-
fered to them, but nature was too much de.
bilitated,,for they could not even eat. They
took only a little warm milk. They were fent
from thenCe to the workhoute, where the eldeh
iburtly after died. The y.,uagell was produced in
Coom and though it had been carefully mined
and fed for three months, was {till to weakly as
fcaicely to be able to (Land, and in appearance ex-
hibited flrekton covered with flcin,r-The
imprilbament.

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tihited a mere flieleton covered with I
Gout% fenttnced het to two years imprif
[ —....--..-
OLD 11A ILEY.
lYeiletclay twenty-two prifoners were t
i . whom were. capitally conviEted, viz.
-. Yithrt Smith alias Stile:, fox healing a
IProwty of Joseph Alliby.
.games Walton, a private ist the Coln
gurent of Guarde, for ftealing privately
, . dwelling-hobfe of Daniel Conolly, enel
O
'e White Swan public-houfe, near
Dock, two Bank of
_Lngland notes, or
Old tha other rot tel. on the 2 Ift of Ms
• TS appeared that Walton had been for
isilktted with two other foldiers at the
the Prtutor, who, on receiving the to
i.
tuition, from his wife, put them into
a. room, which he locked carefully, ai
key in his pocket. This was on tl
y; and on the sift he &Covered the
of the door had been wrenched, and tl
taken -away, The reafon of his caution
key was, that Walton bad told him, if
get hold of any key, he could.open the
tonged to, by takings the impreffion or
tallow, and get it imitated. On that ai
key was always kept either in his own
that of his wife.
Reading, another foldier, depofed, th
morning of the sift of May, he met tin
'who, aftring him why he looked• fo m
tbbk biro into a public houfe, treated hi
drink, and gave him two (billings to bu]
keel' leaks. He then took out the two
. ... .. .. • 11, - 1 ... L.• .rftroni•