Star.
London, England, 1814-03-10 00:00:00

EXPARTE GIBBS, IN THE MATTER OF GIBBS.

There were two petitions from the Bankrupt Gibbs,
the one for permission to surrender under the corn-
mission, a warrant having been issued for his arrest,
in consequence of his not having done so in due time;
and the other for the superseding of the bankruptcy,
on the ground, that not having been in the trade, he
could not legally be made a bankrupt. He had been
described by the petitioning creditor when he had
sued out the commission as a dealer in horses, but he
never had been so, having merely been led to the pur-
chase and exchange of those animals, as incidental
to his proper business, which was that of a farmer
and grazier.
The petition for leave to surrender under the com-
mission was backed by the affidavit of a Mr. Barrett,
a surgeon, in which it was stated, that Mr. Gibbs
was extremely ill, in consequence of his (Mr. 13.'s)
having pertra med an operation on him for a tumour,
insomuch as to make it probable that his death would
be the consequence of a removal to prison.
Mr. MONTAGUE, for the asiignees, said that it was
not their wish to incarcerate the bankrupt, but that
they had already sustained great injury from his eva-
sion, and he expressed a hope that his Lordship
would not authorise any proceedings which might in-
crease the delay.
Mr. HEAI.D having engaged that the bankrupt's
residence sheuld.be made known within an hour,

His Lordship, with the acquiescence of the Coun-
sel for the assignees, directed that the warrant should
not be executed for a week, to allow time for the re-
storation of the bankrupt's health. There were fit.
teen affidavits brought forward to resist the applica-
tion for the superseding the bankruptcy, and as there
was only that of the bankrupt himself in the support
of it,

Sir SAMUEL ROMILLY contended, on the part of the
assignees, that it could have no weight, inasmuch
as Gibbs, the notoriety of whose habit of dealing in
horses had prucured him the name of Jochev Gibbs,
was a person not worthy of credit—his evidence would
be taken on no other occasion. He had been tried
and convicted for stealing hay, and sentenced to six
months imprisonment, and had been imprisoned fur
14 days.
His Lordship said, that undoubtedly a farmer had
a right to sell hay, and exchange horses, in the course
of his business, without thereby becoming liable to
he considered as a horse-dealer ; but it. he exceeded
certain bounds—if he derived a portion of his rains
directly from a traffic in horses, the case was other-
wise. The act of bankruptcy for which the•commis-
sion had issued had been clearly proved. Gibbs had
collected all his property, undoubtedly, with a view
to defraud his creditors and leave the country ; but
whether he ever had been a dealer in Lorses, was a
question, he conceived, not for him, bnt for a Jury
to decide. Under these circumstances he must re-
fuse the petition ; but the bankrupt would be compe-
tent.to bring an action against the assignees, to try
the question of his liability.

The demand is so great, in consequence of the ex-
traordinary richness of the Wheel, that greAt doubts
are entertained whether a Ticket or Share could be
procured on Saturday next, at any price. The draw.
ing beg* very early ou Monday morning.

• -4•CHELMSFORD ASSIZES, MARCH 9.
1 •
CROWN SID.E.
Charlt: Mud. a poling lad, servant to the Rev.
Mr. Tuffnel, of Wormington. in this minty, was in-
ificted under Lord Eilenborough's Act, for cutting
:Uld stabbing Mary Dalton, with intent. to murder
her, or do her some bodily harm.
By the evidence of Mr Tufrael and his servants it
nape ired, that the unt,rtunate prisoner was clearly
insane. )for several days previous th the transaction
in question he had been talking u' a most incoherent
style : that the IYrvil was always conversing with
hint—that he had made a voyage round hell ; and, a
day or two b4Ore, he broke into the parlour, and
shewing his master kindle of his knife, on which
was the figure of two 'wining hors-s, he askei him if
he knew what that was? Mr. Tuffrivi s lid, 44 Two
mail horses," H. replied, " No, it was himself heat-
nig the Devil. ard slat he should get to heaver."_
He then asked Mr. T. it he saw- any letteis ? /Or. T.
said, " Yes, there was lVilson, thr mskei's name."
He Said, t‘ No. it was Cantu' saying to him—Wells
s 1" Mr. Tuffnel said, he was sot-prised at his .
conduct, as he aiways had conducted lii!riselt as a
resp.xtful. sober, Ana diligent servant. A nizht or
tau aftvrwards, just as they were gnios to bed, the
e; vants heard hint muttering :es if in'a conversation
between himself and the Devil, and in a short time
he burst into the nursexy, and before they could screen
themselves from him, he unfortunately stabbed the
housekeeper, and cut her with his knife in seventeen
places..
The Jury found him Not Guilty; but, according
to the Act of Parliansent, ieturnlvi, that they acquit-
ted him on the ground W insanity. He was accord-
ingly ordered to b 2 continued ill prison, and not
dis-
ch.trtied.