Star.
London, England, 1817-06-16 00:00:00

L4ll INI ELLIGENCE.

'NSALYNN i* OElllll.4b* COU cr. HINE 14.
Thomas Charters, and about mem,. Cre.iitor,, 'frau
Hob M 6-old. F.sq. c.inuounly cared CA, ;e thwod, of
liaoliswor If 11411. ne-a (Ali, in the Weir of Yurk.
Ake. and Curk, (Nat, ;liod I'iyperary2 in Ireland. ,
The Coutt net s;lecia-',ly t inverigste c tse on
Wednesday lar.t, and ;a consequence of the costs of
ttic former day not having been rail, although an
tmdertaking %vas Ovell Le? tl‘e Colonel's Agent, the
Court ordered th'e insolvent to be brotig'it it? again on
this day ; at the smut time commanding that the ewes
if the first day should be eis4.l% aid upon an affida-
vit h• ;Hs, tiled, slating from the. opposing creditors
t:,eir claims fur the seconti cl4,Ps costs, he (Mr. Ser-
j,..ant Runnington) %Amid give hl. tiecis;Oo As to whe.
ther ih insolvent odAlit to lin, die second day's ‘Obts
Of r'l?
This morning the Court decided that the insolvent
was hound to pay the costs of those prisons who at-
tended entirely through the misconduct of the priiiOnCr
or his anent.

Mr. Banttr, on the part of Mr. Charters. then ad-
dressed ,:.r Conn. he said that .the insolvent, in
consequence of having • eliv..red to the Court a defec-
tive schechil.., was remanded to amend and to tome
ty on A intcre day ; and tar the reasons which were
a;re idy stated, hr was remanded in that day.
Mr. F. l'ol.tec,x, who opposed the pris finer for se•
aural credits, said, that he trusted the Court would
allow him to go into the merits of.ti.is case, it it
should happen that Mr. Batry's objections, which he
tarkdel stood were( as before) upon the schedule, should
be such as the Court would think sufficient to send
tin back to amend.
Mr. ANDIMVS said, that if the prisoner was re-
manded to amend las bchedule, it would. he impossi-
ble that any other part of his case could be gone into
until such amendment had taken place.
• Mr. Boats' proceeded—The following is what the
prisoner states in his former schedule "My house-
hold property at Oil. y, Yoskshire, my plate, car-
',lag', horses. Stc. were sold by auction, particulars
of which I have in my possession." And to account.'
to the Court how Lc has applied the sti!6ooo he has
raised since his confinement, he states as follows
it I have received since my confinement (as marked•
No. 74 in schedule) upon annuity, £2IUO; and as
mark d 76, the sum of 81400 which I have paid
to Lord Athens, ; and as marked No. 80. in my
schedule, the sum of 41180."
Mr. 13,1dItY said, that his grounds of opposition were
nit,ltr the last Act of Pa:Lament.. •He first objected
to his raising the money in the way lie had done;
and, secondiy. to its application.. He was in Frison
" chin deep" in debt, and raised the money in a
manner alike ruinous to himself and his creditors,

by the most desperate means—a.loss of 13 per cent.
per annum upon the principal ; and was it proper—
' was it just, either to his creditors or VD himself, w
• have done so ? his stcond objection was the most
important ; it was to the application of the money so
raised since his impri*.ourpetit.. In his amended mite.
dbie, 'he states, that he had paid to Lord Athenry
the sum of 5e.4500. What it was paid to his Lord
ship for there is no mention; and he was sure that it
wares trAust an act as lie could have done, to pay
tinecreditor the sum of 4.3.500, and not a farthing to
, his oilier creditors, to whom .he was deeply in-
debted. He, in fact, pays so large; sum ot money
~to a man to whom there is no evidence of his owing
a farthing ; and to his creditors, who have claims
upon hint to the enormous sum ot /143,000, he does
. eta pay a farthing.
Mr. Bassarr, who was with Mr. Barry in the op.
said, that he should not call witnesses to the
facts stated by Mr. Barry, because they were admit-
bi•the insolvent.
Mr. F. lios.uxota said, that his opposition was on the
sane ground as that ot Mr. Barn. He woul.l beg
the attention of the Court to the 39th section of the
Act. .1, it it is proved that an insolvent shall have,
since Iris imprisonment. transferred, conveyed. or as-
signed, any part of his clime and effects. withdct just
cause tar at doitig, he shall hue thrkenefit of the Act,
and be subject to imprisonment, as before stated."
Mr. Serjeant RunassGron said, that the objection
Wilms discharge of the insolvent was most important.
He had been grossly wasteful and extravagant.
Mr. D. Pot.t.hcs, Mr. Herm. and Mr. ANDRZWI,

each addressed the Court un behalf of the poisoner.
Mr. I). Put.t,ocn said, that he had been in prison
neatly lour year t be had been confilied a conuder-
ible portion of the time be•ore he meditated taking
the benefit of the Insolvent Act, and his case wu of
*consideraule hardship.
The /MOO which Lord Athenry received, was
raised put pobely for his Lordship's use: it never was
in the hands of the insolvent, though raised on his
proper! y.
Mr. sierjeant RUNNINGTON.—Then the schedule is
mammy, for it sa)s, 4, which I paid to Lord
Athenry."
Mr. PoLsoct said, the schedule must be amended,
as it was as error.

Mr. Serjeant RUNNINOTeN said, that there was one
item (the last) in his schedule, which would prove
adrithie to the insolvent's ditcharge. •He says that
be has lent nso to since his imprisonment.
Now he would wish to know what right an insolvent
nun had to lend his money ? it was a very Improper
disposition of it, but he mast be rem.nded again for
a defective schedule.

Mr. BARRY applied to have the dekcts amended
instanter. The application was resisted by the Court,
and he was again remanded to am. ndbis schedule.

Mr. AIRAZIN, MI. WILLJAMS, and Mr. F./PULLOCE,
as well as the other Counsel who opposed the ilia
charge of the Colonel, all claimed the costs of the day.
Mr. Bauer addressed the Court, requesting its pro-
tection for his client, Mr. Charters, of lionJ-streer,
who had been threatened in a most outrageous man-
ntr by a Mr. Goulding, a friend of Colonel Gcold's;
and on his going out of Court, on the Jay of his last
examination, be was told, *fiat if 'he persisted in 0p..,
posing the Colonel, he should undergo severe chas-
tisessent. He hoped the Coon would interfere and
prevent a recurrence of such and disgraces
Sul conduct.
Sarjeant Avaximayow said, that it was very
reprehensible cooouct, and that he who was guilty of
it.coold be no friend of the Colonel, but his greatest
Camp He should be sorry to be colopelkd twexert
.his atitbegstrt ibut he should do so, Who beardagaia
ea any pews acting its so ma mmalians:sod illegal a

manner to an y individual eonirg tb deMsad justice
in one of his Majesty's Courts.

ALLEDOED FRAUD AND BREACH OF TRUST.
NASH V. SCHINNNER.
Mr. Jeasop, as Counsel for the plaintiff, who is the
widow of a professional man residing at Buckhurst-
hill, near Loughtoa. Essex, opposed the discharge
of the defendant, under the 31. th section of the 53d
of George 111. for defrauding the plaintiff of Alfa
I Mr. lesane stated to the Court, that the insolvent
had, within a few years, followed lie various busi-
-1 nesses of a practitioner of the 6w, a corn-dealer, a
carcass-botcher, or dealer in live-stock, a grocer, a
lighterman, and a methodist parson. Under the
latter character he had exhibited as much hypocrisy
as it was possible for human nature to display : he
had introduced himself to the acquaintance of an old
lady, the widow of a professional man, who having
some few years ago died, and left her without means
f support, her husband's brother allowed her an an-
nual sum to keep her from want. Out of this small
allowance she had for several years very prudently
put by a sum to keep her from the parish, if her hos-
band's brother should not be able to continue his
kindnesss towards her. This 014 lady being of a
very pious turn of, mind, the insolvent affected equal.
sanctity : when he visited her, he never failed to read
chapters Irom the H. ly Scriptures—then descanted
upon s.ltre religious book which he would draw from
his pocket, and would conclude bis.visit by kneeling
and delivering a long extempixe prayer. His appa-
rent sanctity rained the confidence or the old lady,
who imparted to him the state of her affairs. The
insolvent, it appeared, had an agreement for a lease
of an estate at Sewardston, in the parish of Waltham
Holy Cross, Essex, of a Mr. Curwill, of Shoreditch.
The agreement was for a lease of 28 years, upon
performing certain conditions. Upon the estate were
two cottages, which were let at £l4 per annum--
The insolvent informed the plaintiff that it she would
give him the money she had saved (SW), he would
give her an under lease for twenty-seven years, free
horn the payment of any rent or ground-rent, which
would produce 4114 per year for life. She, having
great dependence upon the insolvenes veracity, agreed
to his proposal, and he drew up an agreement him-
self, which, though it had been stamped, was no bet-
ter than "a piece of waste paper, for he had not a
lease of the estate himself : he had only an agreement
for a lease upon fulfill‘g certain conditions, which,
the moment be gvt therplaintiff's money in his bands,
he neglects to fulfil, and for tint cause he does not
obtain his lease. Therefore, it was a direct fraud
on his part to grant an under lease to the plaintiff,
upon her advancing him the money, when be knevi.
that would not be available. •To spew what kind
of a man the Court bad before it, he would put in
evidence a letter sent by him to the plaintiff. This
letter being shewn to the insolvent, he acknowledged
that it was his hand-writing. The following ta a•
literal copy:
" TO !WINS. MART ?LASH. ,

" At last that unclean spirit of malice has obtained a victory
ever the still small voice of Gob in you; and you are becanit
eiledknt to that malicious and litigious *errant Malice. You
have drauel rue from my wife and four childre.., and piraiused
me into a noisome dungeon. May Goa Atiticave forgive yen,
for you know not what you do. It is true I have had your
money; but it is also true I have strained every point to pay pa
your weekly &I. You say, In your gel:tett note which you
sent use, that I lee. law; you know I detest it, but you years.
Self prove brdellgtn to it. You say dm that you bare pleat! or
Mends; they are nor your Metals; but I have a friend which
Sticketti closer than a brother, and blessed he that friends be has
forgiven me my aeht., and taught me tip forgive my deliturs.—.
nut I am afraid it I. not so with you, by your acting so repug
stunt to what you profess. Yuu also assume in aicend the sews
ot jueginent end to reproach my religion; I would have you be
careful In that: drat examine yourself, and pull the beam out of
your eye, that you may see clearly to take the more out of mine.
I would have you melaare and see what account you earl return
to the Loan fur petting a man into gaol, and bringing Ids pigmy
to ruin and destruction by wicked advisers. But 1 WilitSl4lllll,'
end cast my cares upou the &AWL who mirth for a 1 sow ww•
oppressed; and say with the Pnipbet, a Rejoice not
0 mine cram) 1 'ht. f tall I shall arise, and ilsce I sit hr lido
Dees, the LORD will be a light unto ate.' I now conclude by M.,
log, that I had rather tail Imo the hands of Goo than into day
bands of the Lawyers, to their tender mercy is mushy.
" Your injured prisoner, " Taus. settlement.
(The sentence at the close ,of the letter racked
great laughter, especially among the sectlemen of
the long robe.)
Mr. Jessor, in continuation, said that be ahead
proceed to examine the prisoner—he knew that be
could not deny the facts which he had stated; arid
"bit were proved, as he was satisfied it would be, that
the prisoner had acted in the mannerstated by him,
and under the ma.k of religion, he conceived the
Court was bound to remand him for gross fraud. '
The insolvent's own evidence .fully corroborated
this stoma= ; and Mr. Serjeant RiNXINOTON, iu
answer to an observation of the debtor's Connbel, that
his client had a" risk to give an anderlease. oh.
served as hollows :—He gave a lease on a security,
which for a time was available ; and when he found
he could not keep good his engagement with his
lessor, why did not he, like an honest man, go tb
the plaintiff, and inform her that unless he paid ca•
lain ninnies to his lessor, that her security would in
future be unavailable, and she would no doubt have
assisted bins to fulfil his engagement ? He might
then have got his lease, and her sublease would have
been sicUre ; but, on the coatrary, after he had got
her money open* an instrument. not better chats a
'piece ofblank paper, he, by his osin act, preveie
'.lsa from receiving the annual amount for which she
had given him the 1190, and she was by that means
reduced to poverty. It was a most fraudulent case;
be was in duty compelled to comment upon it in
terms of severity; for nothing could be more crimi-
nal than for a man, under the mask of religion, to
gain the confidence of an old woman, who was un-
protected, and grasp from her all. He therefore re-
manded him for gross fraud and tor a breach of trust.
—Remanded accordingly.

Beftre the watch was set on Saturday night, Mr.
Reinter CLINTON, a gentleman residing in Blooms-
bury, was going up Drury-lane, And when at the
end of Beownlow-street, helleas surprised to trample
upon a fellow there lying in the road. Conceiving
else had fallen down through fatigue or want, Mr.
CLINTON stooped to assist him up ; and whilst so
doing, another fellow, undoubtedly a confederate to
the impostor, came up as if to help him, and at-
t.:awed to snatch Mr. C's. watch i but 4 small dog
belonging to. Mr. C. seined the f How by the arm,
and soon caused him to relinquish ins held. Tim an
who laid in the hannel then walked away witk tbM
fellow, but Mr. C. atterwaids fou td that bis,sraist-
coat packet had been rifled of abodt Ds. in silver. ,