Star.
London, England, 1825-12-26 00:00:00

LA lc: INTLI,LIGENCE.

:ST OF BENCH, Delors:l 24.
. . MN! V. !MODER AND CARTER.
I".n. Was an actiorr brought by the plaintiffs. as As-
. ees of Mr. Lecointe,' a bankrupt; to recover a sum
,
, t dbont 24001. from the defendants, .who are stOck-
bqnkers, which they had teceived,from Mr. LecOinte,..
„fxr he had committed an act of tankruptey, Ind
,hieh fact was proved by the production :of several
dn. cks, drawn by the ba:kkropt in favour of the de-
fendants. for sums eseeeding in the aggregate 0001..
Tar ylairtifrs case principally rested on this evidence; and after
Arzosvvr-Garewas had ;Omitted that this testiratinY was not
• ey snough . In pp. ert the declaration,
Tbe Loan Ciirar-Jusysca obserVed. that the payment of wcheck
m 4 be presumed in.,* in disdain!, of irfebt, or any anan who
Le. ricci*Li a check from ;PAM would be liable to an action.
SCA it tATT then proposed to read' the ex.reination
•oi the delendanir; Cartei,7takenlindet the commission
of banks uptcy, In order to :thew that-this money had
b,en raid on account7of losses arising out of some
transactioas.at the .stocic Exchange ; but as
t .t al:eption was rot clearl),. made *riot, the Loan
La; Jusride dinette.' the plaintiff to be nonsnited,
• w.s accordingly done.
EIX.C.I3URGII HIGH COURT. OF ADMIRALTY.
. THE CoMILT sx.x.awnoer.
xe,!nesday, Duncan Minnes, the Master, and Peter
the pilot of the Conies' stein-boat, were put
• their
The indictment charged, that basing the direr: inn of
t!•e Comet, which they steered without having a light
Wised to some conspicuous• part- thereof, iii conse-
onrenee of their extreme carelessness and culpable neg.
ilea in directing the course of the said boat, they
banght the Comet in collision with another steam-
boat, called the Ayr ; and the said Comet steam-boat
was theneby sunk, and about 62 persons drowned.
In one part of the plea, put in by way of answer for
the prisoners, it is stated that if the Ayr had been
i;, its proper course, and had been managed properly.
before the vessels struck, no such collision would have
tAken place; and even though it had, it is quite certain,
if that vessel bad been conducted properly after-
' yards, the lives of probably all those who ire said to
tire pen ;shed, might have been saved.
'Peter Sutherland, late Carpenter of the Comet, ex-
amined.—The first thing that attracted his attention
was bearing M.Lachlan, who was standing at the lar.
bord paddle-bnX, cry out " Port the helm 1" the
effect of which would be to put the vessel's head to the
starboard, or in this case to the shqre. Immediately
afters:anis, in less than half a . minute, be heard the
word " star board" given by some parson =Et, the centre
f the vesseNbaft the chimrsor.-• trh• :weasel ,answeled
thc order to port the helm,' but' lialWas:aset -certain
shtther the.secondordc wentikeen34tig". *le ran for-
ward to the bow, -rind steam boat coming
down at the distance, Of itsmary• wan hundred yards, from
thern.. • The Ayr had. a %hi ar her starboard bow. He
taff.ks if the order to iiorttbe hOU''4ad been obeyed;
ere Comet would -haver steered round, .and the
,Ayr
timid have come up alongside. if the 'order also of.
" :larboard" had been adheted to, they would `have
creased the Air. The Comet wait struck on thelasr
board bow,..the ftwca,of. whichnearly turned the Comet
round;and the Ayrcanw-isloie. alongside, and he had
hold Of *the Ayr's gutincliTter diecollisisiss. 'Heard an
given to set on the engine. and Mlnhes tall out,
" tnmnrthetComet -ashore." The. pieseligers rushed
tpon deck, and greeteenksion and cries ensued. He
pushed the Ayr off with his head; and heard:a voice on
wird the Ayr call out to set on the engine; and, while
the 'Comet was making a little vat), to the shore, the
Ayr passed on in her course, as if proceed;ng on her
voyage. An attempt was made to lower the boat off-the
Cxnet, and when be ran abaft, one end of it was in
the water, and it was crowded with passengers. and
saiile.of the crew, and immediately sunk. About two
min,utes after the small boat- sunk, the Comet went
64:n ; and it •eas between three and four minutes after
tha Comet was struck before. the sunk. Witness was
:snding on the, quarter decks 'ehe sweat ashore. At the
tame the Comet sunk, the Ayi had.left her nearly a
quatter of a mile, in the direction of the Cloth
Light-
hbuse. as far as he could judge' :Whea he was swim-
ming, he saw the Ayr run -up pest the. Comet. He
hailed the Ayr, but got• no. easiest, and is Uncertain
whither he Was heard or not.
Several, of. the passengers Who were saved were then
• thamined. and stated, that the Captain and crew were
totter, and everything on board orderly conducted.
Thomas M'Lelland, master of the Ayr steam-boat,
tailed from Greenock about inc o'clock on Friday
morning, the 21st of Okiober. There was a latithorn
and a candle lighted- in iron the starboard bow. It is
the practice et other Steam-boats to carry lights at
tight,. in navigating that' part of the river. Immedi-
ately on leaving the quay, be ordered 'two men to be
stationed in the forecastle, and one at the fennel, to
pass the word to the steersman. He was stationed
on the larboard paddle - box. The man kept a
sharp look-out. They were afraid of fishing boats,
add did not expect to fall in with a steam-boat. He
Lad been aft at the binnacle head, when be heard the
man at the forecastle call out,' a boat a-head, starboard
• the helea;' a regulation that is followed when steam-
boats meet. He immediately went forward, thinking
•-it was a small boat, but before he got to the forecastle,
the collision took place.—This was the first time he had
sten the Comet. Had heard no cry from the Comet,
-• and she had no light up. After the collision, the yes-
ski hounded from each other about fifteen or twenty
tee:. They didelot alter their direction, the engines
r. being stopt, and the Ayr passed he• Comet in
s:tnre. The engines of the Ayr were two of thirty
iliccre power. They had only gone about three lengths
v:-.zu he called to the engineer to stop the engines, and
the same breath, ordered their boat to be lowered.
these orders were obeyed.--After he saw the
t..g::.es stops, he heard a cry aft, and then be ran ID
se.e t alt was right on board his vessel. He ordere.l
ltZ Ibteersmail to port the helm, but she did not an-
' awer the helm. The, then hoisted the jib, and put
helm a-starboard, when the vessel tame round.
he got her round and wore, the Comet
•I id disappeared and gone down. He directed the
Viet to steer in the direction of the place where he
I.ad last seen the Comet. When they came to the spot
v acre they supposed the Comet had gone down, they
sapped about ten minutes. and looked round, and called
or,. but could hear nor see nothing. When he put on
t:In: engine, he steered for Greenock.. The passengers
Ist:4 entreating him to save their lives, and run the
it..ssel on shore. His crew consisted of nine in all. Mel
e'line was stopped the first time about Mecca seconds.
It was so dark at the time the eollisioniarok place, that
Yo::. could not see more than a kw yards from the
="0. 1 tse night was starry could s.c the land, but
11,3 t en object oil it.

Robert know, late pilot of the Ayr, gave evident',
nearly to•the same effect; but acknowledged that the
Ayr had passed the Comet abbot 11411 a mile, before her
engines were stopped, and they were done so bi order
o the waster. They did not stop abbve a minim They
then steered to the spat abets the Coaret,swerit.down,
and stopped there for about ten inittutel., Th; Captain
ordered them to listen whether they heard anything, but
they did not, after which they sailed for Greenock.
The declaration of the Captain of the Comet was
then read over to the Jury, along with that of the Pilot.
This closed the case fqr the Crown.

EVIDENCE FOR THE PANNELL.
John White was on board the Ayr at the time the
Comet was struck, and was below. When he felt-the
shock, he went on deck, the engine stopt, and was kept
so for about ten minutes, after; whits!) the engine was set
'on again, and the Ayr proceeded down the Clyde.--.
Shortly after the engine of the Ayr was again stopt,
and the boat tried to be lowered, and before the tackles
were unhooked, the engine was set on and the boat filled.
The Ayr would not wear for same time; the jib was set
to assist her. At la•t, when she did wear, sheprosteeded
tip the Clyde towards Greenock. He heard no order
given to go to the spot where the Comet had been, and
the Ayr did not go is that sp 't; but, from the cries
heard by those on board the Ayr, they tried again to
lower the boat. Witness got no order from the Captain
(McLellan) to lower the 1).44 but it was suggested by
his comrade, Alex 'nder Pollock, who observed to wit.-
ness, '6 My Goo ! Jack, is it not a terrible thing to hear
these people drowning, and u. unable to give them any
assistance?" At this time the Ayr was about fifty yards
from the Comet. He at no time heard the Captain give
any order to assist the people on boar d the Comet ; but
he (the Captain) and some of his people assisted to
hoist up his own boat to get the water out with which
it was filled. The cause of the boat swamping was the
steam being put on.
James Ross is a pilot in the Clyde. Recollects the
night of the accident; it was perfectly clear. A vessel
might (by witness) be seen on such a night, at a distance
of a mile and a half, though carrying no lights.
Several Gentleiner, who had frequently gone by ano-
ther steam-bo.st (the Highlander), when it was com-
manded by Captain Ma. Innes, gave him the character
of a sober, attentive, and skilful master.
The LORD ADVOCATE summed up the evidence.
He observed, that wherever an individual loses his ife,
under any circumstances, a trial and a verdict were
necessary to satisfy the public, and present, as far as
possible, a repetition of the catastrophe. If an ordi-
nary cases such a course be considered wise and advan-
tageous, surely in this instance it was much more so.
This was an unexampled calamity—where many indi-
viduals in perfect health and enjoyment, expecting to
land soon at the homes of their ft imids—sitor having
passed many difficult and dangerous points along a
rocky coast, were a recked within 186 yard. of the
shore; and that shore no strange or fin bidden coasi,
but their native land, the abode of their countrymen
and kinsmen. No circumstances chewed that any
degree of blame could attach to those on board the
Ayr, previous to the collision. That'boat sailed from
Glasgow at an hour which was regulsted by the tide
in the harbour of Ayr, of could only cute the
latter place at high water. The boat accordingly left
at half-past twelve, in order to reach Ayr by six o'clock.
The reason of this was abeam at be good, and sufßcieutly
justified their starting arthat time. On the voyage down
the river there was no blame attachable to those on board
the Ayr. Lights were put out on the bow ; two men were
stationed ia.the bow, two at midships to repeat the word
to the steersman; the pilot was at the helm, and the
Captain himself was on the paddle-box; and besides
all these precautions, he had been proved to have given
special directions to keep a good look-out a-heat, which
Wks carefUlly done, as it came out in evidence in the
clearest manner, that so soon as oue of those at the bow
observed the Comet, he instantly called out " boat a-
head," and the other as promptly called " starboard
your helm." Su far all was right and laudable. It
was the general rule in practice, when two vessels met
in similar circumstances, that they both starboarded
their helms, and so kept clear. Hence this was the
right order. They naturally expected that those on
board of the Comet would likewise starboard her helm,
and so keep clear. But it unfortunately occurred, that
while the Ayr starboarded her helm, the Comet lax.-
boarded her's. A second order was soon given, and
then the Comet starboarded, but down to that moment
no blame was attachable to the Ayr. Their conduct
afterwards was by no means so unexceptionable. The
Ayr first proceeded towards the shore; they knew not
the extent of the injury they had sustained, and were
not certain but they themselves were in a sinking state.
The impulse of self-preservation, the strongest in nature,
was their first motive. S ion after the shock, the muter
heard a call that his vessel was not much injured, and
could stand for an hour. She was then immediately
stopt by taking off the steam. After this, although
their conduct was blameable to the last degree, in not
returning to .succour the drowning, much excuse was
to be made for the state of mind in which they must
have been from such an occurrence. The Learned
Lord then called the attention of the Jury strongly to
the conduct of the Master of the Comet. His Lordship
in particular insisted upon leading points of the aggrat
ration arising from the want of lights, notwithstanding
the hour at width the Comet left Rothsay, and the
notorious tact, that the moon had set an hour and. a
half before -the fatal collision—which, as seamen,
they must have been well aware of, and indeed had
observed on the preceding night. It had, besides,
been proved, that there were candles on board, used
the night before, but on that :tight none were used.—
Surely, then, it was the duty of the master to remain
at the bow, or at least on deck. But it was proved that
he did not, por did he make his appearance on de* till
the shock had taken place, although his excuse for
going below was most unsatisfactory, seeing that if
it was merely as he had stated, to inform the passengers
that they were approaching Greenock, he had no less
than five stewards, and;several others, who might have
cattiest the news below. The master did not even
appoint .a look out. No on,e was found on that dutyo
!Isere was no regular watch, for when McLachlan
called to the pilot " Port," he was on the paddle-box.
His Lordship'conteaded, that from the whole of the,
evidence regarding the clearness of the night, it was
impossible we Ayr should not have been seen, and the
danger avoided, had even a lapderate care been exer-
cised by Wise on board the comet. Besides, had the
Captan of NI Comet been at his post on deck, there
would have b& *co contradictory orders, and thus,
too, the calamity /tad been averted. .The !teamed
Lord then tilled upon the Jury to mark their smolt of
the negligence and culpabioty oldie flannels by a vet-
-4.1 ct of bu lty. The cffct.t of this would, howcs cr slight

I a punishment might follow cn it, have a great influ-
ence in preventing the recurrence of such dreadful
.catastrophes. Whereas, if they should be dismissed
'from the bar, it would operate as an encouragement to
others to repeat the offence. This was not merely a
breach of regulations, that could only be enforced by
the infliction of a penalty. It was very different where
such an accident had follo.ved, as in the present case.
The culpability was great, and it was unquestionably
greatly punishable.
Mir, COCKBURN agreed with the Lord Advocate, that
this WAS a right case to be brought to trial ; hut he
thought that a British Jury sat to try, upon legal evi-
dence, the conduct of the men at the bar—not that it
sat there to create a precedent—to condemn them for
the sake of expediency. It is a mockery of justice to
tell me (said Mr; Cockburn) that it is expedient, that
it will make men more (*.lreful if you find these men
guilty on other than strictly legal evidence. I pray
you, therefore, thus prepared, to attend to this, that you
must be satisfied, in the first place, that these men are
guilty of criminal negligence. A man who reads in
bed, and sets his house on fire, is negligent, but who
would ever think of trying him for wilful fire raising ?
I hope it is the law that no man can be liable crimi-
nally for more than his own misconduct. Ttiere are
various men connected with a steam-boat, all of
whom have different duties to perform; and would
anybody say that the master was to be crimi-
nally liable, because, in a -moment of confusion, the
steersman did not obey the orders given to him ?
The first act ol negligence charged against them is,
that they bad no light ; of this there is no doubt; but I
would just ask this question,- is there evidence before
Fnu that it is the invariable praitice in the River or the
rith to carry lights? In point of fact we have proved
that these are jail as many vessels sail with lights as
without them. With regard to a good look-out being
kept on board the Comet, he did not mean to shy that
there was a man constantly in the bow ; but several
witnesses have proved that the man who first announced
the approach of the Ayr had been for hours on the same
part the vessel; and Miss Munro says, that she saw
h m a: the bow two minutes before ths vessels struck.
But assuming that there was no light, that the master of
the Comet was not on deck, that_ there was no 100k-out,
still were these the causes of the accident ? They were not
The Ayr was out of its course,but on nearing the Comet,
the order to starboard its helm was correct and proper.
The order, on the contrary, to the pilot of the Comet to
" post your helm,' was the wrong one, and that order
being obeyed, not the want of lights, brought the ves-
sels in contact. It is perfectly impossible for you after
this to say, that the want of the proper lights or a
good look out produced the cat +strophe. The Mas-
ter of the Ayr, whose credit I am entitled to try,
and whose situation, Gentlemen, 1 say is not so en-
viable as that of those perished, has given evidence
which no man in his senses can believe. - It is false,
the Learned Gentleman said, it. is Jake, that he
did not bear the cries from the Comet. It is false
that he stopt for a moment.. It is false that he consi-
dered his vessel in the least danger. He remained !he
fLd!.—his ears pierced with the cries, but his heart was
not softened by the agonies of these dying men. He
fled, and sived no. life. He made no attempt to save;
a single drowning being, though there was time *
hurnanepersons at Gourock to put off their boats, and
rescue many. I never knew a human creature placed.
in such a situation as this man. I repeat it, that com-,
pared to him, I envy the fate of those that are no more.
I will not disgust myself further, by talking further of
him ; but I can say, that as a witness on this trial, one
word that be has uttered, cannot be believed.
Mr. COCKBURN concluded an ingenious and eloquent
pleading, by calling tin the Jury to consider well the
effect their verdict would have on the feelings of the
friends of the survivors, and how much more desirable
it would be [or them to continue to consider their be-
reavements the consequence of a dispensation of PRo-
VIDBNCZ, which he believed them to be, rather than the
rash and culpable negligence of an erring and unfortu-
nate man.

The LORD ADVLCATZ observed, that he did not see
anything in the address of his Learned Friend, which
imperatively required an answer. The pannel had an
undoubted right to advocate his case to a superior judi-
catory, if he was so advi4ed, but he (the Lord Advocate)
in the performance of his duty, must insist upon a sen-
tence in conformity with the verdict.-It would be quite
irregular to stop the procedure now, for the purpose of
having the case tried anew. His Lordship then no.
ticed what he considered a most unwarrantable•attack,
made by Mr. Cockburn, upon the Jury, who had (only
:discharged a painful but necessary and arduous duty
—a duty they wire bound to perform. The Judge had
also been addressed in a tone vet y unusual, but he trusted
that the Court would exercise its discret on, and pass
sdch a sentence as the circumstances of the case re-
quired. He did not wish for a severe sentence, but he
expected one that would not only not throw ridicule
upon the whole proceedings, but which would serve as
a warning to others.
Mr. CoCKBURNi in explanation, said several of his ar-
guments had been misapprehended.
The Judge Admiral, in reference to what had fallen
from the Counsel for the pannels, had only to observe,
that so fat frets not- wiihing,the caseho be brought under
review in a superior Court, nothing would be more gra-
tifying to his feelings. Bat that could only be done by
suspension ; it was therefore essential that sentence
should be pronounced, and the whole proceeding
brought to a conclusion.
The Learned Judge then proceeded to pass sentence
upon Manes, ordaining him to be imprisoned in the
jail of Greenock for three calendar months. He went
over, at considerable length, the circumstances of the
case, remarking upon the great danger to be appre-
hended from the careless navigating of rivers by steam-
boats. He trusted that the cause and result of that
dayts conviction would be a warning to all masters and
owners of steam-boats, to induce them to take every
step in their power to prevent the occurrence of similar
Misfortunes. He also said a few words to the pilot,
M‘firlde, in dismissing him from the. bar, and ex-
pressed a-hope that he wctuld not. suffer in reputation
from.any share he had in this calamitous event. .

Saturday, Mr. RUFUS Kiwo, the American Minister,
Transacted business at the .foreign Office.
New Ponbscavross.---The following -interesting
works have been just published byMr.COLatilin, 6,14!W 'Ehtlington-
street (remarried from Conduit-street). vie.-1. A Wictuss of Greece
in 11125; being the personal narratives of James Emerson, Esq,
Count Pec:liio, and W. H. Humphreys, £sq. who have lately
returned from that cniiiitsy....--giSiraaby, a neve!. is 3 yuls.-3. A
itcond edition of the Reminiscences of Alichael Kelly, in 2 vols.
small evo.-4. A third edition of Matilda, i Tale of the Oay.--
St A second edition, with adtluictts, of The Spirits,/ the Age, or
Contemporary Portraits.. .

Mains. CHAMBERSIta

. .

F.idAy a meeting was held for the choice of Assig-
nees under this estate, when five gentlemen were noteri-
nated and chosen by one set of creditors against ano-
ther. • But it being stated to the Commissioners, and
proposed to be established by proof (Amongst other ob-
jections).that all the five persons were acc Hinting parties
to a large amount under the deed of December, 1824,
entered into between the bankrupts and part of their
creditors, and that therefore such persons were unfit to
be Assignees, and ought to be rejected by the Commis-
sioners, and a new choice made, the meeting was ad-
journed to Thursday, the 18th of Jantiary next,
We believe this is the first case in which Commis-
sioners have been required to exercise the power of re-
jection given to them by the new Bankrupt Act, and
which power is vested in them for the purpose of pre-
ventinß the delay and expense of petitioning the Lord
Chancellor for the removal of improper Assignees.

PORTSMOU ni, DECEMBER 24.

His Majesty's sh:p Tees, Captain Frederick Marryatr,
is returneJ from tl:e East India station, having been
in service upwards of four years an 1 a half. Captain
Martyatt has latterly been very actively employed in
co-operation with the army at Rangoon. We learn,
that when the Tees sailed, t! e rainy season had set in ;
the advanced part of the army was still at Pr ime, and
had apparently nn intention of proceeding up to Urn-
meraparira, until December, when the rains would have
abated. The Burmese had stockaded themselves within
a few utiles. There was no appearance of any pacific
overtures taking place. Our army was by no means
in a desirable condition. The difficulties of the trans-
port of provisions was very greet—the south-west Mon-
soon blowing against a strung current, creating such a
hetvy sea in the Irawaddy, that k was impossible for
loaded boats to proceed ; and the land-carriage was
daily becoming more difficult, from heavy rains and
lo.s of cattle. Donabue and Pamlay were held as ports,
but Bassin had been totally evacuated. Some hard
fighting had taken place between the Burmahs, at
Bassin, in consequence of some of them having assisted
the English; the former had sent a deputation to R. in-
goon, for a supply of arms and ammunition. The
evacuation of Bislin, it was expected, would prolong'
the war—as the only supply of grain which could be
obtained at Ummerapoora had been thereby cut off.
The troops belonging to Bundoola (the Burmah
Chief), at Donabue, and several other Chiefs, were in
that direction—mostly at Lamina, where the Bassin
arid addy rivers form a junction. The disposition
of his Majesty's ships, consequent upon the necessary
cessation of hostilities, was as follows r—The Alligator
and Arachne were at Rangoon, thatched over for the
rainy season ; Captain Alexander was at Prome, Capt.
Chads, at Rangoon. The S Thie, Captain Ryves, on
her return from Rangoon, was obliged to throw her
guns overboard ; and being found leaky, and unfit for fur-
ther actives...! vice, she was sold to merchan s; the crew
were to be conveyed to Trincomalee, in the Tamar—to
be sent hcme thence in the Liff-y, which was refitting
there few her passa 4e homeward. The Larne had sailed
for Penang and New South Wales. COMITIMIO3 e Sir
James Brisbane had left Mkdras, in the Boadicea, for
Calcutta, in consequence of a very unpleasant alterca-
tion which had arisen between Sir Archibald Campbell
and the Navy ; the former having persuaded the Go-
vernor-General to put all the Company's naval force
under his command. This had. been previously at-
tempted, and successfully resisted by the Naval Officer
formerly in command. When the t eder was issued,
Captain Gordon Btonter was dispatched to Calcutta,
to rerr.cn crate ; and the Governor-General recpiested
to have a personal interview with the Cominodore upon
the suhj ct. A freight of 12 lac, of rupees was put on
bard the Boadicea, at Madras, to take up to Calcutta.

SECONDARIES' OFFICE, COLEMANSTREET.
Dictums :Z.

CLARK AND CO V.

ESQ.

This was an action for the recovery of £l3 14s. due from the
defendant to the plaintiffs, who are respectable booksellers, in Por-
tugal-street, Lincoln's Ina-fields.
The Solicitor for the plaintiffs stated that the circumstance
which led to this action was one of rather an extraordinary nature,
and proved that a County Magistrate could sometimes commit an
act of indiscretion, whiNth was punishable otherwise than by those
means by which the plai:ttiffs bad thought it proper to resort. The
defendant WAS a Magistrate of Sort h.iinptoishire, and occasionally
purchased books at the shop rt the plaintiff. Upon one occa-
sion be left a balance of £3 14s. unpaid, and on the 17th
of June, 1P23, he cidled in, and referring to the money he
was indebted, asked Mr. Clarke to let him have £lO, and
he would give his cheque for 1:d. 4s. Mr. Clarke, who was aware
of the respectability of the defendant's station in life, did net hesi-
tate to take the cheque, and gave the worthy Magistrate two I!.
notes. To his surprise, however, he found that he had been choused
out of his money, for upon application to the house of Mr. Higher'',
to whom the cheque was dit ecti:d, it was a-certained th•a his Wor-
ship was wholly unknown there. He soon afterwards wrote to
the respectable drawer of the cheque, stating the fact of the refusal
upon the part of Mr. Higham to pay, and the denial of any know-
ledge of the person who had drawn the order, and he received an
answer, apologising for so unworthy a trick. The amount, how•
ever, was not forthcoming, and the plaintiffs, although they mil:ht
have proceeded to an earremity of a different kind, contented them-
selves with suing his Worship for the balance he owed, and the
money he borrowed.
John Wright, a person in the employment of the plaintiffs, stated
that he saw the defendant write the cheque for £l5 14s. in their
shop, and receive the £lO from Mr. Clarke.
Another witness said, that he presented the cheque for payment
at the house of Mr. Higham, in Lower Grosvenor-strerr, and was
told that no such person as the defendant was known there.
There was no defence, and the Jury immediately returned a
verdict for the amount of the demand.