Star.
London, England, 1824-04-10 00:00:00

iV THE MATTIM or LORD CHARLES Srmas CHURCHILL.

Charles Spencer Churchill, Esq. (commonly called or
known as Lord Charles Spacer Churchill) came up for,
final hearing, his case having stood over, by adjourn
ment, since November last.
The petitioner was opposed by Mr. CooKE, on behalf
of Messrs. Auweod and Company, the assignees of W.
Simpson, late of St. Alban's, innholder, a bankrupt;
and also for several other creditors, resident in that'
horeugh : beyond which, three or four London credi-
tors appeared in person; but they, with one exception,
withdrew their opposition.
Mes,;-s. PoLtocx and HEATH appeared for the peti-
tioner, and to explain matters relating to the trustees of
the will of the late Duke of Marlborough, the noble
petitioner's father. •
Mr. Cooke examined the insolvent, who stated that
he was a Captain in the 85th Regiment of Foot, retired
on half-pay, which consisted of 7s. per diem : he had
no other source of income, beyond an allowance of 4001.
a.year from the trustees under the will of his noble
father, deceased. This allowance was discretionary, he
imagined, as it lvid been withheld thrice from him on
particular occasions, and he had every reason to believe
it was now suspended. lle was the second son of the
late Duke, next to the present Duke of Marlborough ;
and in the event of the demise of the Marquis of Bland-.
ford, a middle brother, he was next in succession to the
Dukedom. In the year 1818, he stood two election
contests for the borough of St. Alban's; .the first of
which was fruitless, and the last successful. It was
during this effort that he incurred debts which now
formed the ground of opposition, notwithstanding he
had paid 3,0001. in part discharge of the first bills. In
order to effect this, he borrowed the money of a gentle.
man, named Simpson, to whom he gave a bond. This
was just before he made his second effort. Several of
his debts were contracted in London after he obtained
his seat in Parliament, and while in the pursuit of his
legislative duties. There were items in his schedule;
for jewellery, &c. but he did not at present possess any
such articles, nor any person in trust for him.
Mr. COOKE declined putting any more questions to
the insolvent, but would address the Court. After hesl-1
tat ing some time—
The CHIEF COMMISSIONER told Mr. COOKE they were'
waiting for the first sentence of his address.
The Learned Gentleman then said, that he repro.;
sented a mass of cieJitors whose debts were in the ag- I
gregate of large amount; yet he must confess that he
'felt himself unable to offer any remarks which would
arraign the Noble Lord, and bring him under the ope-1
ration of the ',mil clauses of the Act of Parliament. He
would, however, submit to the Court, that the young
Nobleman before it had been esti avagir nt, although his
conduct was not to be measured by the same rule as
that of others in a different sphere of life, when the cir-
cumstances attending the contractions of the debt were
taken into consideration. Notwithstanding the conces-
sion, he (Mr. Cooke) should not feel justified were he
not to rental k, that the Noble Lord, whose income did
not exceed 5901. a-year, ought not to have let his ambi-
tion aspire to the extent it had, at the expense of other
persons; for in this Nobleman's attempt to obtain a
seat in the Legislative Assembly he had speculated with
f..e property of others. The Learned Gentleman went
on to observe, that he was aware that the Court had no
controul over the 4004 a-year allowed by the trustees,
but he trusted that a rule would be ordered, which
would convey the whole or a large portion of the peti-
tioner's half-pay to assignees under the estate for the
benefit of the creditors generally. .He doubted not but
the Noble Lord, considering his high descent; felt great',
humiliation by being placed in that Court as a peti- '
tioner ; and that that feeling was increased when he re-
flected that he had inflicted an irreparable injury on
others. The Learned Advocate concluded by an earnest
appeal to the Court relative to the half-pay.
Mr. Pou.ocx, on behalf of the petitioner, expressed
that he felt as much distressed as his Learned Friend
was at seeing the situation in which his noble client
was placed; hut he apprehended that the ideas enter-
tamed by his friend relative to what was and what was
not extravagance, would not be entertained by the Court.
That the debts on his Lordship's schedule were large,
he could not deny; yet the Court would look at the
circumstances coml. cted with, the contraction of a great

part of them. It was quite clear that they were not per
sonally contracted by his noble client, but arose out of,
a contested election, when, as every one knew, houses
sere open to what are termed the candidate's friends,
who eat and drink promiscuously, and " mine host"
presuming that all would be paid. In this species (f
friendship the worthy and independent burgesses had
not been behindhand, as was clear from the enormous
bills, the subject of which was now a matter of cam-
plaint. The Court would also remember, that he car-
ried down 3,003/. to St. Alban's, at the second election,
to keep the voters in good humour; so that they had
not suffered ro much as they might hove done by giv-
ing a wanton lavish credit. Ile submitted to the Court
that his noble client was entitled to the benefit he sought.
Mr. HEATiI having been heard on the same side, and
some amendments made to the schedule, and a tran-
script from the voluminous will of the late Duke of
Marlborough attached,
The Crime COMMISSIONER pronounced the judgment
of the Court. He felt bound to say, that no case had
been made out against the petitioner which would war-
rant the Court to detain him. 'I be Court coincided irr
the opinion which had been urged in exculpation; and,
with the exception of one tradesman, no creditor ap-
peared to oppose the discharge beyond those on whose
claims the law would not detain him for a day. With
r::pect to the half-pay, the Court would, make no order
at present, his further allowance was only discretionary.
The judgment of the Court was, that he be discharged.
Mr. HEATH, on behalf of the trustees under his fal
ther's will, said, nota single bosaide creditor of the Noble
Lord would be damnified by the present application.

BANKERS Pa acEr...The parcel containinv, accept-
ances, vouchers, letters, Ste. addressed to the firm cf Wentworth,
C. balmier, and Co. bankers, Wakefield, which was supposed to have
been taken ;n ,um the van of Deacon, Harrison, and Co. on its way
to Stamford, and which now appears not to have been deposited
therein, has got into certain hands (as was the case of the Ipswich
.C. 70,000 bankers' packet) who have modestly Offered to negotiate
its restoration to the agents of the firm In London for a specific
pecuniary consideration. This proposition, which is similar to a tom-
promise of felony, has been indignantly rejected by the bauker3.
S.iturday Kay Aspinall and James Jolly, two of the
men condemned at the late Assizes for the burglary, at Ratcliffe,
underwent the awful sentence of the law at Lancaster.
A fellow calling himself Professor Odion, of Wash-
ington College, District of Colutribias has been lately.
collecting subscriptions for the Greeks in some of the
Eastet n (United) States, where he is cow declared to bc
an impostor.