Star.
London, England, 1818-01-15 00:00:00

otowLEy V. IMPLY.

This was an action to try the validity of a com-
mission of bankruptcy, and was brought against the
acting Commissioners of the list to which the com-
mission was directed, for false imprisonment, in
consequence of a warrant of commitment upon the
third examination of the bankrupt, for an insufficient
disclosure of his property. The plaintiff, Mr. John
Crowley, formerly kept the Queen's Head tavern, in
St. James's-street, and becoming embarrassed in his
circumstances, he kept out of the way of his credi-
tors, and transferred his interest in the property to
his sister-in-law, Miss Young, for an alleged valua-
ble consideration. The commission was dated the
21st of March, 1815, and when brought up the
bankrupt objected to it, on the grounds that a Cdrii-1
mission of Bankrupt which had been taken out in
Yorkshire so far back as the year 1808, was still in
existence, he having never received any certificate
under that commission.

Mr. GURNEY stated the case for the plaintiff, and ,
contented himself simply with the proof of .the war-
rant of commitment, leaving it* to the 'defendant's
Counsel to prove its legality.
Mr. Se.ans.irrr then entered upon the defence, and
contended, that as the .plaintiff at the time of. she
warrant being issued was in the custody pc the Mar-
shal of the King's Bench, not only on two mesne
processes, but also for a contempt of the Court of
Chancery, for the non-payment of some monies into
Court, the warrant in point of fact had never been
acted upon, and the plaintiff had therefore sustained
no injury whatever.
Lord ELLENBOROUQH was inclined to be of the
same opinion, but on the examination of one of the
officers of the King's Bench, it appeasing that the
plaintiff had been removed from the Fleet Prison by
Writ of Habeas Corpus, on the 19th of April 4 and
that up to the time of his commitment by the Com-
missioners on the 18th of June following, that he
had enjoyed the Rules of the Prison, his Lordship
held that his being confined within the walls of the
prison was a fit subject of complaint, unless the
Commissioners were fully authorized in the course
they had adopted.
Mr. SCARLLTT accordingly proceeded to justifi,
the warrant of commitment, by the proof of an act
lof bankruptcy, and a petitioning creditor's debt. He
said that the plaintiff had left Yorkshire some yeas!
back, with nothing at all to support him or put Mtn,
I forward in the world hot his was. His first esiay id

~;

London was in a circalating libtary, and his next
riblic appearance was hi the tavern already named,
where he had managed to contract debts, to a very
large amount, and to obtain the Possession of consi-1
derable property, which he endeavoured to secure to
himself by a fraudulent assignment to his sister-in-
law, Miss Young, who would be called as a witness
Ito prove the chief facts of the case, but whom the
Jury would, perhaps, have some little difficulty in
believing. Miss YoUng would tell the Jury that she
never had 101. in her lifeirom her father, and yet
that she had the means of paying the plaintiff a full
consideration for the tavern and its contents ; she
would say that she paidfor it in money, Ina; ac on a
former occasion, she would be unable to say *hither
the sum so paid was five hundred or five thoUsand
pounds ; she would not be able to say whit sort of
bank notes the money was paid in, whether. in one
hundred pound notes, or whether in notes of a
smaller amount ; she would also say that she never
had any means of obtaining property except from a
boarding-school, which failed ; but she had got a
large sum of money she did not know how; and as
to the amount she could not say, and all that appeared
to sanction the transfer was that the name of another
person was written over the door. But notwithstand-
mg all this, Mr. Crowley was in the habit of being
at. the Queen's Head, and of sleeping there to the
knowledge of the people in the house, but not to the
knowledge of those who came to ask for money. At
those times he was denied, and the curtains of the
bar closely drawn. The Jury, however, would be
told, .perhaps, that Mr. Crawley had taken up his
residence at a house at Paddington.
Lord ELLENBOROVOO.—Had any of those who
inquired the means of knowing that Crowley had'
another place of domicile?
Mr. GURNEY.--Yes, my Lord, we shall clearly
spew that he had a home at Paddington.
Lovett, who had been a waiter in the house
for about three months, from the month of October,
1814, deposed, that theplaintiff was in the practice
of sending out dinners and liquors to customers in
the neighbourhood; some weeks of that time Crow-
ley was denied to every body ; but he still continued
to sleep in the house. He usually breakfisted about
nine dclock, and then weut out for the whole day,
not returning till ten, eleven, or twelve at night—this
was just before he went to his home at Paddington :
several persons, whom he supposed to be creditors,
frequently called during that time, but they were
always referred to Miss Young. After Crowley ceased
*sleep in the house, he came once or twice in the
week generally id the evening, and was in the bar with
Miss Young when the curtains werealways drawn.
On his cross-examination, lie said, that shortly after
Crowley left the house the name of Young was put
ntil'he knew that a -house had been taken at Pad-
dington having assisted in removing some of the
goods there. Crowley did not desire witness to keep
it a secret where he was gone to live ; he slept at the
tavern-about three weeks while the house was fitting

• •up at Paddington.
• 'l* petitioning creditor's debt was then proved by
lila Alexander Webber. It was a bill of exchange
.foesrises delivered above the value of 1001. dated.the
18th ief October, 1814, at four months after date.
Malley wasporteabi4rewhessM4om the mouth
of January, 1815, to the tat of May in thesarne year.
Several persons have.asked Miss Young where Crow-
ley was : witness had orders not to tell ' • witness was
employed to remove the goods, which was done
chiefly at night ; what he did was sometimes by•the
order of Miss Young, and at others by theorder of
kCrowley, or of Mrs. Crowley. Witness mentioned,
[to Crlowley about persons calling ; but Crowley said
relit/4! whist! as if he meant witness to hold his

Cord ELLexeonotreta.—How was. 4- impressed
.upon your mind that 'he intended you .Ihould Isold
your tongue? .
Witness..+He was changing his boot tops, and
slid, whist! ssAist and then I did not say ant
more about it.

• Witness continued—Mr. Golding, the coal-mer-
chant, was the person witness was then speaking of;
witness was certain that Crowley, when in the bar,
must have heard himself denied to persons applying
for money. Crowley never opened the door himself
at Paddington: sometimes it was his wife that open-
ed it, and sometimes the servant.
. John Duncan, Clerk to Mr. Webber, the next wit-
ness, called repeatedly before and after the name
was changed, but never could get any information
respecting Crowley; he met him once in the coffee-
room, at the Queen's Head, when an appointment
was made, but Crowley never kept it—this was after
the bill was due; witness was punctual to his time,
but never saw Crowley until he saw him in West-
minster-Hall, after he had become a bankrupt.
Thomas Cotton, a member of the Society of Friends,
on the behalf of Mr. Hayes, a floor-cloth-manufac-
turer, in Fenchurch-street, had made repeated
ap-
plications for four guineas, due in 1812: he never
could see the plaintiff, but Was always told 'that he
Aved out of town; he could never getany'eeferenc
to him; 'he did not choose to say what his business
*as, as he court get m eatisfactory 'answer ; when
he saw Miss Young, be told her—
Mr.GUßNßlC—"liever mind what Miss Young told
.you ; that is not evidence, and we cannot hear it."
Witness—" But I must say it ; I have taken a so-
lemn affirmation to tell the whole truth, and I haN're
not told half of it yet."
• Mr. GuaNny—" But we cannot hear that part of it."
Lord ELLENISpROUGH.—" Considering Miss Young
as a party so very materially concerned, I think we
may hear wfiat she has said upon the subject: she
appears to have been the chief manager for Crowley."
Mr. COTTON.-=4 I think it a very important part
of the evidence." Mr. Cotton then went on to state
the continual refusal of Miss Young to give any ac-
count of Crowley ; and added, that the last time he
.called was just after the docket was struck. On his
cross-exammation he said, he never was told that the
plaintiff lived at Paddington.
William Bawley, a Sheriff's officer, had two war-
rants against Crowley, but could never see him ; he
called upwards of twenty times ; he was frequently
referred to Miss Young, and sometimes Miss Young
came forwards herself; he had gone at all hours, but
teiald never get a sight of Crowley ; he inquired
irliere he was, but Miss Young said positively that she
wonld not tell him. _
CLarlci Martin. wai an acquaintance of the plain-
tlff.;,:application was made to vitness to become bail,

tad enter into recorn:zances for Mta. Crowley and
Miss Young, upon a bill of Indictinefit ; the plAintiff
said, that the tavern was his home, **d that he should
recover possession of it as soon as the action which
his sister-in-law had brought was decided and jadi-
ment was given ; his sister had been put into tho
house by hint ; she had apparently paid him for the
property, which had been regularly valued by an
appraiser ;'part of the purchase money was paid in
bills of exchange, part in real notes, and part in sham
notes, for the purpose of securing the property to
himself from his creditors after she had got the ver-
dict in the Common Pleas. On his cross-examination,

witness had never said that he would be revenged
upon Crowley some way or other; he had said seve-
ral times, that Crowley was a scoundrel, if that
meant any thing.
Hunt, a friend to the last witness, corrobo-
rate& his testimony with respect to the observations
made by Crowley. In the absence of Martin wants:
heard Crowley say, that he had got a verdict, and
that next Term he should be in possession of property
to the amount of three or four thousand pounds.
Mr. Sccatory--(, That is our case, my Lord. I
shall not think it necessary to trouble your Lordship
and the Court with Miss Young's evidence."
Loid Ennawsocovon—" The matter appears
ptatoy plain. What, have you to say, Mr. Gurney, in
ivof yow, client's case r.
Gultcav-..-4‘ I do not feel myself equal to it,
T-
Mr: Law, the clerk, was about to call upon, ete
Jury for their verdict, when he was interrupted by
GIuoNET-4, Stop, I do not appear.
• Plaintiff nonsuited.
BRANDON AND OTHERS V. WHARTON.

This was an action on a bill of exchange for 1,5;v01.
Mr. Mamaw= said, the bill had been drawn by
Houghton and Co. in 1810, on Hardy, Ottley, and
Co. and the reason why the action was brought at
this distance of time was, that it had lately been dis-
covered, that at the time the bill was accepted, Mr.
Wharton was a partner in the house of Houghton •
and Co. who became insolvent while the bill was in
the hands of the plaintiff It would be proved that
Wharton had been the insurance clerk of Houghtcn
and Co. who for his faithful services had taken him
into partnership prior to 1810. Hardy, Ottley, and
Co. had also failed, and the bill remained with the-
plaintiffs. The Statute of Limitations was pleaded
in the present instance, but that plea would not hold
good, for there had been an acknowledgment, and a
payment of a dividend to the defendant by one part.
ner, under the commission of bankruptcy ;,and it

had been long since decided that that too- the case
out of the Statute of Limitations.

Mr. howatirr, on behalf of Mr: Wharton, said
he had a clear defence to make, Mr. Houghton
never meant to have brought his private partner into
the transaction with Hardy and Co.: and Brandon
and Co. did not take the bill on the credit of Whar-
ton. Mr..ficAntetr quoted ataie in the House of
Lords, in which it was decided, that the holder of a
bill could 'not sue two separate sets of partneri, al-
though the-persons of one firm Might be engaged in.
business with persons. in the ot/ser,firm ; but mlist
makethe 'choice of oilefirin.„Hise' the plaint; .s
selected Houghton and Gcl,.Air.asem..engagoi-• we
business,' and :proved theys. debt. under their I,actk,
rupee), rind thereicireilatiC4cLsia right now to sue
the-other firm which had been carried on by Haugh,
tat and Wharton hi another business. Besides, ur,
der th•bonitnissioti, the.bill in question was cancel-
led' by a 4itrilend beiiiitaken, and certificate grained..

, ...:
'Friday trie Earl of-Gt.asoow. was installed Lcrd
:RectOr of that thliversity.
'The Eiti3 of4ierript continues dangerously indif.-
posed. -
dWir
irworrit has left town for his seat in Kent.
TES Marchioness of LaNspowN opened her elegant
madsion in Albemarle-street, on Sunday everting, to
' .. of the fashionables in town ; the suite of t.ra-.--
jag-ran:is, from the brilliancy of the chandeliers,
imams, and costly lamps, with the richness of the
furniture, had a most splendid appearance.
The projected order of Welch knights affords very
brilliant prospects to the Gentlemen of the Herr.lo's
College ; but some fear is entertained that there wi'l
not bevellum enough in the kingdom for theirpectigreed
Yesterday a Court of Directors was held at the East-
India-Honse ; when Captain J. STEWART was MC: a
into the command of the ship LADY Metviutz, ctn.
signed to China direct i as was Captain S. KAY, into
the C-ommancl of the MARCHIONESS or ELY, destined
to Madras and Bengal.
Mademoiselle GEORGE% is on a professional tour
throith the provinces of France. TALMA hasreturned
to Faris, and will soon appear at the Theatre Francais.
The celebrated comic actor BRUNET, at Paris, who
has a numerous family, never suffers his children to
visit. the theatre where he performs, lest by seeing
andlacighing at their father in the perTormance of ri-
diculous characters, they should insensibly lose the
filial respect due from children to their parents.
FEMALE FRENCII FASHION s.—The favourite colours
of the French elegantes are at present rose add white.
Hato lurned np, with narrowed rims,. resembling co-
rostets,, and decorated with plumes or wreaths or wild
flowers, are constantly worn. Borders of ornamented
lace are reviving. Most of the turbans are formed
in equal proportions of rose crape and white satin;
and blond trimmings, blended with sloping tulles,
are frequently seen.
NAPOLEON NIEL PAR LUI-MEME.--ThiS•long-eir-
pected Work will appear To-morrow, we understand.
' The MS. was transmitted from Leghorn, with ass-
' rances that its perfect authenticity might be depended
upon. The Editor, in his Preface, says:
“ A singular circumstance placed these papers in my posses-
sion. hi June, 1814, an American who was travelling for Lis
pleasure, came to visit me at Leghorn. His extreme curiosity .v
become acquainted with Bonaparte„inspirtd him with an earnest
wish to go to the Island of Flbai and I procured hits theasse-ns
of doing so. He was amm of constdarshle knowledge, and very
engaging manners, and seems to have elmsed Napoleon ants_(..
He had several interviews with him, and was allowed to ;WI -.Et
his manuscript Memoirs, from which he privately took es.racu
' of the leading parts. His convent/dons with Bonaparte were a
4' a very singular nature. These be also noted down every as
'I they occurred. On his return to Leghorn he conimuni to
ilgtirest
me his notes ; I found them so ten' • mgtthatet-
treated the permission to take a copy of with the liiew of
their being published. After much hatch he at length 'coi-
-1 seated to my request. .The singular nuumer in v.qck,the nosh
were taken, may throws shade of dmil,t, whether theafartycked
happened csasily as they are related, or whether there err .nt;
some connivance between Bonaf ate and the Author f. jot this
as it terry, i consider the Alinuseript as a eurion:kistoihild &CA,
P . mem, and mien the moat eurbuitic relative to Bomieets." •