Star.
London, England, 1823-09-24 00:00:00

INSOLVENT DEBTORS COURT, SEPT. 23.

IN TUE MATTER OP CHURN, AN INSOLVENT.
Mr. HEATH yesterday made an application to the
Court in the case of this insolvent, whom they had or
dered nearly a year and a half ago to be discharged, after
he should have been in custody at the suit of his'oppo-
sing creditors for a period. " not exceeding 18 months
from the date of filing his Petition." The officer, in
making out the discharge, omitted the word " calendar"
before the word " months," as was his custom in other
similar cases. The 18 lunar months expired to-day, the
calendar months would not expire for six weeks longer;
and the question for the Court was, for which of these
periods the insolvent was to be confined under their judg-
ment? the learned Counsel contending that the months
must by law be taken to be lunar, unless expressly
stated to be calendar months. •

The COURT suggested to Mr. Heath to take a rule
to shew cause: but Mr. HEATH said he should make
nothing by that, as the Qourt was about to adjourn
on Wednesday.
The COURT then postponed their decision, until this
morning, to allow them to look into some authorities
on the subject.
The CHIEF COMMISSIONER, this day, informed Mr.
HEATH, that having bestowed the necessary considera-
tion upon this point, the Court decided that the dis-
charge should be Made conformable to their judgment,
by striking out the word " calendar?'
By this decision the insolvent became intitled to his
discharge to-day; which would not, otherwise, have
taken place before six weeks and a day longer.
Goodman Levi, residing at Birmingham, was opposed
by his sister-in-law, Rosetta Cohen. The insolvent had
been discharged in August last under the Act; but he
had now obtained the consent of three-fourths of his
creditors. Elsie Cohen, the opposing creditor's daughter,
and her brother, both wore that the insolvent came to
their mother about four years ago to borrow plate fur
the purpose of raising money upon it; and received it
through his nephew Lyon Levi. This plate, which was
not mentioned in schedule, the insolvent in the most
positive manner denied ever has ing borrowed.
The COURT asked tl4e mitness Elsie if her mother was
aware of the insolvent having come to town for the par-
pose of being discharged in August, 1 tlf..)t7!? and being
answered in the affirmative, and she not having then
appeared to oppose him, they ordered him to be dis-
Charged forthwith.

IN THE MATTER OF WM. SIMMONS, AN INSOLVENT.
Mr. HEATH shewed cause against a Rule obtained by
the above-named insolvent, which had been served on
Mr. Cullum, an opposing creditor, calling upon him to
stew cause why the insolvent should not be allowed to
have a rehearing, although he had been on a former
hearing remanded by the Court for a considerable period.
Mr. Comte, on behalf of the insolvent, supported the
rule for a rehearing.
Mr. HEATH said that this was the fist application of
the kind since the establishment of the Court ; and it
was, in consequence, necessary for him to restate the
circumstances of the case, and to which he particularly'
solicited the attention of the Court. On the 15th of
July last the insolvent came up to be heard on his peti-
ion, and his discharge was opposed by a creditor, Mr.
Cullum, who was the principal witness. The result of
such opposition was, that the insolvent was sentenced to
eighteen months' imprisonment. The affidavits on
which the Rule was obtained were of an extraordinary
complexion; and he (Mr Heath) was unable to com-
prehend why a charge of perjury should be imputed
against a Gentleman (Mr. Cullum) who, by a life of in-
dustry and,honourable integrity, had amassed sufficient
property to enable him to live in respectable retirement.
At the time of the trial, Mr. Cullum stated, that a per-
son named Jarvis had been in his employment, and as
Mr. Cullum was about to relinquish business as a dyer,
Jarvis opened a negociation to engage the plant, or
warehouse, for dying ; but as length of service had not
created sufficient confidence, security was required, I
when Simmons, the insolvent, who kept the Rodney's
Head, Rotherhithe, became such security, by giving ac-
cept:lnces for the said Jarvis. Mr. Cullum then stated,
that soon after he had so resigned his property into
Jarvis's hands, on the security of Simmons, be saw that I
property was being removed off the premises, and frit-
tered away, particularly some logwood ; he, however,
Admitted that he consented two large coppers should be
exchanged for four small one. ; before the bills became
due both parties were under arrest.
Mr. HEATH went on to state the evidence. On his
hearing, the insolvent stated that when he gave the
bills in question he told Mr.. Cullum that he was in in.
solvent circumstances owing to his having lost a smack
which carried freight tti the Continent, and of which he
was the sole owner; when Mi. Cullum said, " Never
mind ; put your hand to these lines, it is a mere matter
of form." Mr. Cullum admitted that after the bills had
been given, bills of a smaller amount were accepted in
lieu of the first set, still the aggregate amount was the
same, and at that time something was said about the
loss f a vessel, but not a word was said about it when
the original security was tendered c had that been the
case he would aot have accepted -it. The Court sus-
pecting that a fraud was concocted between Jarvis and
the insolvent, and giving implicit credence to the testi-
mony of Mr. Cullum, supported as it was by the pro-
bability of the recital, and also of the improbability of
the correctness of the insolvent's defence,- they were in-
duced to remand him for the period before named.
It appeared that .subsequent tasuch remand, the in-
solvent had applied to the Court, and obtained this rule
on his own affidavit, and imported several others into
he Court, by which it was alleged that Mr. Cullum
bad given false testimony, whereby the Court were in-
duced to give a more extended term of confinement
than they otherwise would have done; the other depo-
nents, five or six in number, swore that they had known
Mr. Cullum from six to twenty years, and they would
not believe him, where business was concerned, on his oath.
Mr. HEATH answered the matters contained in these
affidavits, and argued on the hnprolsabllity of their truth.
In the first place, was it likely that Mr. Cullum, who
would not trust Jarvis, &old be so stupid as to take
the security of Simmons as a matter of "form? Why
was it that this notable host of deponents, whose affida-
vits were before the Court, did not come up on the ori-
ginal hearing; and *ire viva vote testimony? It was
evidently a foul attempt, to stigmatise the character of
an honourable that, who could *ere it conformable to
the rules of the Court, bring forwird the first merchants
in the City to disprove the allegations set forth in these
affidavits: Be concluded by tottoring the Court to
discharge the rule.
t..
C 041411 was nena at great ,lingsh iii support of
the rute,'ana attefoxed to IfieVihhe the application was
divested' of malignant feeling, and' supportealy piob*-
bility, and prayed for a rehearing.

The Cotter c
the affidavits we
right to discredit
Cullum ; they t
charged with co

PO,

No less than elev
penalties and cost; 1
summoned by the n

STAG [-COACH Po
Magistrate, Sir R.:
keeper of Charing-c
or rather under I,
charged the other v
Biddle, of Hayes co
is a lithographic pri
Legion, and has ali
certain gambling-hc
men, it appeared,
culty arose as to v
gave way, and Mr.
He stated, that
coach, on that even
I and immediately
d'Assig, and " ano
the Baron and his
titularly upon the
whom the Baron d
in this his friend at'
right to join in the
chose to say, " b—
other expressions of
saying a word, tocl
coach into the road,
The Baron in hi
plainant instead of
by, was an English]
tinental affairs, and
exclamations es; rest
nation in general.
ssig) remonstrat
upon which Mr. lii
it high time to rose;
and in the scuffle is

The street-Iteepe
Charing-cross th?t
some conversation,
Sir RICKA Rh fire
sation, said he thoo;
the complaiLt zltc:

The landlord, of
hill, and of the N
mooed for kreping
o'clock on Sunday
observing he had d
who was the presid
public-houses were
and three to five in

THROWING A M.
Isabella SuUwan, tw
a Bow•-street patrol
gentleman out of a
Maynard-street, St,

Reid said, that at
a man had been rob
house; and on proc
pita!, in a state o
house, but the two
where they locked
door, and secured t

The prisoners dt
They «•ere remaadt

I. Bridges was cl
And seven silk hand
cadillr, by a note, t;
tague.square. Mr.
the articles to be de
street, and accused
accompany him to 3
reared be was unit
Ile was further alai
the name of Mrs. E
Bond•street, and w
being adduced.

Yesterday, Josep
woman with whom
seas, EN. charged
having murdered a
bit ant of Stargate-s
patrol, stated, that 2
was passing through
of people collected
to the house, and a;
door-way, supporte
that a light should I
was dying. lie ass
unfortunate man w
street, where he d
inquiries in the neig
the deceased had re
bad called to pay a
the house, No. 44;
the house while the
the latter was flung
cause of his death.
and asked the won
She replied, that sh
knocked down. 1
as to his knowkd;
led to his death, s
being informed of
denly, " Loan have
in my life until that
that he would state
his wife situated—t
his wife lying stretc
intoxication, and t
ance the worse for 1
to get up and wall
apartment; that tit
walked down stain
of Thompson's bet
Thompson whether
home ? to which he
that his wife was g
noticed the contra
statement; upon w
mistaken on that pc
of the mob which 31
female prisoner wot
doors, had he not in
Eleanor Cutmore
for on the previous
be dying. On her ;
ing him in that star
appeared to have be
were all torn ; hits I
The prisoners we
up again on a future

August 31, at DI
of a son.

Saturday le'nnigt
Sept. 9, at Glaq
Regituaut, aged 74.
Sept. 14, at Edin
Majesty's ship Brits

Dublin
Waterford
Guernsey and Jaw,
Lisbon
Holland
Basil
HIGH-WATER
Morning '
-Aftehseen• •

LON LIP Fri;