Star.
London, England, 1821-09-10 00:00:00

ASSIZES.

CARLTSLE, SEPTEMBER 3.
BREACH OF PROMISE OF MARRIACE.
WILSON, SPINSTER, V. EIRRELL.
After this interesting cause wit" called on, Messrs.
BROUGHAM and ALDERSON continued for some time
in consultation with their client, the defendant. The
result disappointed the more curious part of the spec-
tators in Court.

Mr. Scartut:ry.—This case is settled, my Lord, by
an arrangement, to take a verdict by consent, for
two hundred pounds. The parties have agreed to the
suggestions of their Counsel, I believe from very ho-
nourable feelings on both sides.
Mr. BROUGHAM.—The defendant has no objection
to pay £2OO from very honourable feelings.
Verdict for the plaintiff—Damages £2OO.

CRIII. CON.
RENWICK V. MATTHEWS.

This was an action for damages by the plaintiff, a
hairdresser in Carlisle, against the defendant, an
aged Gentleman in the same place, for having de-
prived the plaintiff of the affection and comfort of a
faithful wile.

Scarcely had the abrupt termination of the breach
of promise in one Court been known, when the crim.
con. was announced for the other. The Ladies at
the same time were cruelly dragged out from the
other Court, through an opposing torrent of the
roughei sex rushing in with unbounded curiosity.—
Scarcely had every corner an passage been com-
pletely packed, when
Mr. BROUGHAM rose, and said, it was agreed to
take a verdict for the plaintiff—Damages 40s.
Never was an Assize Court so rapidly and exces-
sively crowded, and there has been seldom witnessed
disappointment so complete, so sudden, and yet so re-
luctantly believed.

TUESDAY, SEPTENIBER 1.

BREACH OF PROMISE OF MARRIAG EBY WIDOW

SCHTSON T. HARRIMAN.

A full Special Jury of the most distinguished
'Squires in Cumberland attended, Sir PIIILIP 'MUS-
GRAVE, M. P. Foreman ; Sir JAMES GRAHAM, of
Netherby, Second.
Mr. WILLIAMS opened the pleadings.
Mr. Sea aLsrr.—My Learned Friend, who has
been so obliging as to open the pleadings, has stated
to Fu the claims which the plaintiff presents for your
consideration. When I have the honour of addressing
Gentlemen of your consideration, it would be great
indiscrel ion to offer any remarks to you upon gene-
ral topics. Actions of this nature excite considerable
interest. Transactions which arise from feelings and
passions common to all mankind, excite a greater
degree of attention and interest than any other. To
me, questions of this nature never appeared to be Ca-
pable of being treated in Courts of Justice as in
poetry and romance. Love, its influence, its ardour,
and its delicacy—is infinitely too fine for the rude
treatment and rough-handling of lawyers. To claim
a pecuniary reward for disappointed passion is ab-
surd. The only claim for remuneration arises from
a just and rational view of our relations in life. No
man living is so indifferent to the effect of such rela-
tions, as not to look forward to a settlement in society
as a leading object of his solicitude and exertions. I
represent not here a client who formed an attachment
from a romantic passion which the poet cr the novel-
list could introduce into tales of romance. When
an attachment is so founded, a Court of Justice is
the last place to afford consolation for disappointment.
I shall not, therefore, hare to represent to you an
ardent, romantic, disappointed lover, whose hopes are
for ever frustrated, and who must ever pine in exclu-
sion from the sex. The defendant is a widow, young,
handsome, and possessing attractions which might
well excite feelings of the nature which she excited
in my client, in any man. Yet she is not the fit
' object of romantic passion. I consider both to be
of a time of life when they would love with due
regard to more permanent and solid interests. They
felt an interest in one another, and the injury which
my client has sustained by the violation of their
mutual engagements is of that nature which is capa-
ble of being estimated in money. Mr. Scotson I
have not the honour of knowing; but he is, I under-
stand, the son of a very eminent and respectable
tradesman, and one of my constituents in Peter-
borough. The father is well established, of great re-
spectability, and as well connected as any of the
family of the defendant. Mr. Scotson, the plaintiff,
was employed by a house of considerable business as
lacemen and glovers in London. He had the confi-
dence of his employers, and was led to look forward
to a share in the business with his brother-in-law,
Mr. Wells. The house, I believe, is Wells and Seward.
In the course of his excursions as a traveller or agent
for this house, he came to Whitehaven, in February,
1820. Then it was that he had the fortune, or mis-
fortune, to see the defendant, who had become a
widow in January, 1819. She was 2G years of age,
handsome, agreeable, and possessing pleasant attrac-
tions, which might justify or excuse passion in any
man. She had come into possession of a fortune by
her connexion with her former husband. She was
placed in a situation of independence. Her circum-
stances were affluent, and she had the entire charge
of her fortune, with two young children. There was
a real estate from which she had a dower, and she
had her share of personal property left to the amount
of £16,000 or £17,000. The plaintiff arrived at the
Black Lion, in Whitehaven, of which the landlady,
Mrs. Jackson, was sister of the defendant. The house
being thronged, he was invited into the bar-parlour.
The defendant and another Lady and Gentleman
were there. He was asked to partake of their hospi-
tality, and the defendant inviting the rest to a party
invited the plaintiff too. Ile was 27, handsome, well
mannered, and his conversation was by no means un-
suitable to her society: he was extremely likely to
please any woman of that description and rank. He
visited Mrs. H arriman more than once, and was much
attracted by her accomplishments during several days
that he then passed in Whitehaven. The young,
handsome widow appeared di-posed, and not unlikely
to favour the feelings which she inspired. I say
nothing improper of the Lady. I hold it to be im-
proper, if parties come into Court with misfortunes
, of this nature, for their advocates to treat their suf-
ferings with ridicule. Her manners were perfectly
respectable and decorous; but I am told that it is
possible for a woman, particularly if she be possessed
of previous knowledge and experience on the sub-
ject? to receive an individual with marks of regard

perfectly consistent with deciarunt, but perfectly in-
telligible. Ile was her equal in age, manners, and
connexions, and he was received as might be expected.
—She did not jump into his arms, hut received, or
rather refused, his addresses in a manner that left
hope of ultimate success. I will read to you her
letter afterwards in reply to a letter from him. Of
• the letter, Dinah Scott, sister of the defendant, and
bar-maid to her sister, Mrs. Jackson, is the writer.--s-
Though the defendant wrote most sensible letters,
they were not distinguished by the orthography and
diction which mark superior education. She there-
fore employed Dinah Scott to write it.—(The Learned
Counsel read the letter. It contained nothing re-
markable, but a prudent declaration of her interest
in Mr. Scotson.)—On the 22d of February site writes
—" My sister Dinah sleeps with me every night, and
speaks highly of you. She does all she can to com-
fort me and keep up my spirits." It appears that he
afterwards renewed his visit, and was as well re-
ceived as before. After some hesitation on her part,
whether she should delay marriage till two years after
her husbands death, or, as he naturally proposed, fix
an earlier period, October or November in that year
was fixed for the marriage. He left her, satisfied of
her truth and attachment. She now addresses him,
" My dear Frederick," having formerly only written
" Dear Sir." In this letter 4re urges delay till her
husband should be two years dead, and expresses her
affection in strong terms for the plaintiff. Gentle.
men, I beg leave to say, that though men may smile
at such declarations or love when they feel them nor,
yet they are perfectly natural coming from a woman's
heart. There is nothing extravagant in it. (She pro-
fessed the entire surrender of her heart. " I look
upon you, my dear Frederick, as all but my husband,
and by that title I hope soon to be yours." " I live but
for your sake." " Yours, and yours only, for ever?)
She writes again, a letter, which I read only for the
purpose of sheaving that the intercourse of corres-
pondence was continued, and naturally became mixed
up with considerations perfectly rational, and by no
means to be omitted in such circumstances. She
had a house at Tivoli—l know not whether the
beautiful name was bestowed upon the house or
upon a village—and another house in Whitehaven.
She wished to dispose of them, and take a house in
London. But in the month of April she began to
think that more was due to the memory of her hus-
band, and that she ought not ti, marry so early after
his death. It occurred to her, that the world might
put a malicious coestruction upon her conduct, as it
was ton apt to do. Ile urged the contrary. Men do
not feel these things so strongly as won—n. He
argued with great wisdom that life was short, and
delay was dangerous. Every letter afterwards became
more encouraging. She got his route in order to
know where to write to him at all times. She even
opened a correspondence with his sister, Mrs. Wells,
in London. For a moment pause here to consider
the plaintiff's situation. Every letter gave renewed
proofs of attachment, and a correspondence war
formed with his sister by the defendant as one of the
family. Thus was he prepared for the ridicule and
contempt of all around him, should he happen to be
disappointed. In July, she writes that her former
husband's sisters were coming to see her, and that she
did not wish them to see him or know of his intentions.
Feelings of this sort are perfectly natural. But I will
now open a scene which must affect you with susser
prise, as it did him. When he came to the hospitable
mansion of Mrs. Jackson, in Whitehaven, he was re-
ceived perfectly well as formerly, hut this letter was
put into his hands. Judge ye what effect it must have
produced. (This letter declared all correspondence
to be for ever at an end.) Invited as he had been,
encouraged, treated with every mark of unchange-
able affection, he could not believe that she wrote
this letter. .It was not her hand. He saw her. She
said it was written at the suggestion of her friends,
for the purpose of putting an end to all appearances,
in order to satisfy the Misses Harriman, her husband's
sisters, but that her mind was unchanged. She wrote
to his sister, to remove every suspicion of caprice and
inconstancy in her towards her lover. He, as was
natural, believed this ; and it seemed likely that she
was sincere. On his next visit lie was great part of
the time in her house. I'he alarm of her letter only
increased their love and impatience to be married ;
as an ancient writer, Terence, remarked, " Amanlium .
ire, amoris redintegratio est." Lodgings were taken
in London for them. He was to he taken into part-
nership with Wells and Seward. Boxes of her furni-
ture, containing linen and other articles necessary for
their accommodation, were actually shipped for Lon-
don, addressed to Wells and Seward. In this stage
he received a letter from Mrs. Rothery, a friend of
both parties, directing him, by desire of Mrs. Harri-
man, to put himself in the mail, and come down
without delay. This was in August. He came down
directly. This was the story she told :—She said,
that such had been her agitation she could not write
herself; that Mr. Perry's partner (Mr. Perry is her •
attorney now) represented to her that the removal of
her furniture was felony. Ile stated that it wits wrong
in law, and had an unworthy opinion of him. At length
the marriage settlement was actually drawn out by
Mr. Perry. At the Black Lion they had not treated
him with proper respect, and he would not enter it.
Mrs. Harriman said, " if you don't enter it, I will
net." But Mr. Perry, whose partner, Mr. Adam-
son, was paying his addresses to Mrs. Harriman,
got the meeting of friends to execute the settlement
removed from his office to the Black Lion. Mr.
Scotson would not go there. Mrs. Harriman was
so offended at this, that she put off the settlement
altogether, and desired the plaintiff to rut in his
, account the moment it could be made out, and
Ihe has been treated with indifference ever since.—
Thus, then, after having been bandied about from
pillar to post, after his sffections had been engaged,
and his whole situation was deranged, I put it to you
whether he ought to have passed it over without fur-
ther notice? Unless then my Learned Friend has a
defence which I am a total strairger to, and which I
cannot conjecture, I put it to you what damages he
is entitled to in these circumstances? having been
identified with Mrs. Harriman altogether, save the
last ceremony, he was exposed to the ridicule and
scorn of every one he knew. In the case of a man
it is not so much an injury as in the other sex. I'he
injury to a woman is greater. In a young lady ca-
priciousness may be a charm, adding to the effect of
all the charms of nature to the sex. The difficulties
of winning increase the ardour of pursuit, and to fix
that which others have tailed to fix gives the plea-

I

sure of success and mumph. But the history which
I Lave given spews this to be a very different, case,
and even my Learned Friend Mr. Brougham's inge-
nuity cannot represent it in a view that will bear any
other construction but a serious injury to the plain-
tiff; to be estimated by you in damages. The other
parts of the defendant's conduct entitle her to respect,
and my client would be very, verx far from wish-
log to injure so excellent a character. I don't ask
damages as for a disappointed and pining lover, for
if it be true, as stated by a certain philosopher, that
neither mar. nor woman can love but once, this can-
not have been the state of that passion which calls
-for the largest damages. He will not, I hope,' be
ruined for his talents ; and I understand he has ta-
lents-that may procure him another situation, though
the defendant's conduct has deprived him of his for-
mer situation and of high prospects. To Gentlemen
of your intelligence it would be idle to say more.
Dinah Scott.—l am sister of Mrs. Harriman. She
is a widow. Her husband died I believe in January,
1818. I wrote two of the letters produced at the
request of my sister Mrs. Harriman.
By Mr. Baotamate.— My sister dictated them. I
believe Mr. Scotson was first introduced to my sister
on the sth of February. This first letter, dated 11th
of February, was written in reply to a letter received
the day before. Yes, it was in 1819, not 1818, when
Mr. Harriman died. Mr. Scotson is a tfaveller, a
rider for a house in the lace line. Milliners are his
customers generally. Whether he is a man milli-
ner Ido not know. His father is a tailor I under-
stand. He did make some presents to me, but he
sent a bill afterwards. The bill to my Sister amounted
to £l2O. It was paid. He did not refuse the money.
I did hear him say he was tired of travelling, that he
intended giving it up, and that if he visited Cum-
berland again it would be entirely on my sister's ac-
count. It was to come to see her, not on an account
current. I was by when he came in and said," Don't
suppose that I have come to marry you, I have only
come to answer my letters." It was after there had
been a meeting of friends respecting a settlement.
It was at the Black Lion the meeting took place.—
Mr. and Mrs. Jackson, Mr. Perry, Mr. Johnson,
and Mrs. Harriman were at the meeting. I did not
see them. It was after that day that he said what I
have mentioned.

Reexamined.—l keep my sister Mrs. Jackson's
books. Mrs. Harriman bad a house at Tivoli, and
another at Whitehaven. I slept with my sister Mrs.
Harriman. The letters now produced are Mrs. liar-
rinian's band-writing. I have seen Mrs. Bennett's
handsftiting. Mrs. Bennett is a friend of Mrs. Har-
riman's. I have seen her write. I can't swear that
letter is her writing.
A series of Mrs. Harriman's letters were here read
by Mr. Capes, to the great amusement of all present.
They are too voluminous and too grave for publica-
tion as love-letters. Even in the matron's veins, Love,
however, operated with his usual energy, and in-
spired her with the glorious ambition to read, and
write, and !jail, at the command of her lover. She
.=cost ominously purchased. a pair of pistols for him
at Lady Lindsay's sale, and thus added one illustra-
tion more of the profound truth, that knives, needles,
pistols, are fatal to love.
Mrs. Beilnett.—Those letters arc my hand-writing.
I wrote them at Mrs. Harriman 's desire.
. Mrs. Rothe' y.—That letter is directed by my hus-
band. He has directed many letters for Mrs. Harri-
Man. My husband is a draper at Whitehaven. I
have been acquainted with Mrs.llarriman ever since
she became Mrs. Harriman, four or five years ago.
I have known the plaintiff, Mr. Scotson, for six or
seven years. his friends arc icspectable so far as I
know. I should think her age is 25 or 26. He is
about the same age. lie was a traveller in the lace
trade for Wells and Seward. I had many conversa-
tions with Mrs. Harriman respecting her intended
marriage with Mr. Scotson. Mr. Scotson asked me
to go with him to Mrs. Harriman to ascertain if a
letter which Le bad received contained her real senti-
ments. 1 went to Tivoli, and had the letter with me.
I told her that I brought a letter from Mr. Scotson
to know if these were her sentiments. She told me
that her sister, Mrs. Jackson, had wished her to go to
the Black Lion ; that when she got there, they wrote
a letter, which they wished her to sign, to go to Mr.
Scotson ; that the reply she made was, they might
send the letter if they pleased, but it would notalo.
That they sent her to Maryport to be out of the way
While Mr. Scotson was in town. She said she wished
to see Mr. Scotson, if he was in Whitehaven that
evening. He did see her that evening. I heard her
afterwards say that Mr. Scotson had gone as far as
Liverpool, and then he was to return again. He
came back in a fortnight or three weeks after ; it was
in. August, and resided part of the time in our house,
and the other part at Tivoli, in Mrs. Harriman 's. 1
frequently met them together both at my own house
tied her's. They were considered to be engaged to
marry. I think I heard her say the marriage was to
take place the beginning of November, or the latter
end of October. Mrs. Harriman showed me clothesl
that were prepared, and said they were• to live in
London. Part of the furniture was to be sent from
Whitehaven (Mrs. Harriman's); the rest was to be
bought in London. I recollect a great many pack-
ages going from Whitehaven. Mo. Harriman sent
a servant down to our house. I afterwards saw Mrs.
Harriman, who said she had written part of a letter
to Mr. Scotson to return from London; that she had
been so put out of her way that she could not finish
it, and she had come to see if Mr. Rothery would
write for her. She waited some time as Mr. Rothery
was not at home. She requested that when he came
Mr. Scotson might be sent for that night. Mr. Rc)
thery did not return, and I wrote the letter and sent
it by the post. Mr. Scotson came very scion after.
Mrs. Harriman gave as a reason that they were
making her so unhappy by sending for the furniture
back. It was this time; because at the time that the
marriage was broken off, when she came to desire
a letter to be written, she said that Mr. Lawrence
Adamson had called bout getting her furniture back.
She wished Mr. Scotson to be on the spot. When he
came I saw them together. Soon after his coming I
was present when she fixed the marriage day. I do
not recollect the particular day. She wished Mr.
Armitstead to be the person to marry them. I re-
collect them dining at our house. Mrs. Harriman
said, that if Mr. Scotsoa required it, she would take
her oath she would never put her foot within the
Black Lion again. Oil the Wedsicstlay following, I

remember Mrs. Harriman came to my Mime, and
wished me to assist her to get Mr. Scotson to go to
the Black Lion to execute the settlement. They dined
together that day. Mr. Scotson appeared to be put
a little out of his way. Mrs. Harriman had before'
desired me to go in%) the parlour to ask Mr. Scutson..l
Mrs. Harriman said to him, 4, You must go with me
to the Black Lion." He made no reply at the time,
but left the room. Mrs. Harriman went to the Black
Lion, and desired me to tell Mr. Scotson to follow.
Mr. Scotson came back almost immediately, and I
communicated the message. He did not go to the
Black Lion. The same afternoon a note came to him.
I did not see them together after that. Mrs. Harri-
Iman chewed me a paper, in which £5OOO was men-
tioned. She said that was her provision in the Stocks.
She said her daughter had about as much in the
Funds, and her son had not so much, because he had
other property. I heard her say that she wished Mr.
Scotson to become a partner with his brother-in-law.
Mr. Cor, Attorney for the plaintiff, proved Mr
Perry's hand-writing in a note to Mr. Scotson. Mr.
Perry was the defendant's attorney.
Mrs. Rothery.—Mrs. Harriman told me that she
had called at Mr. Perry's to tell him that the meeting
would not be at his house, but in the Black Lion.—
Mr. Scotson sent a note to Mr. Perry, at the Black
Lion. I have never seen Mrs. Harriman since, except
seeing her passing.
Mr. Justice HOLROYD thought Mr. Perry's note
not evidence.

Mr. Perry was called, and proved the receiving a
note from Mr. Scotson, on the Ilth of October, de-
clining to go to the Black Lion. He spewed it to
Mrs. Harriman, and by her direction wrote the letter
now read. It expressed a determination to break off
the marriage settlement altogether.

By Mr. ALDERSON.—On the 31 of October I'had
an interview with both the parties, when the settle-
ment was first drawn. I had afterwards a conversa-
tion with Mr. Scotson, about what power the trus-
tees should have. It was on the 9th. lie called
upon me, and asked if in the way the settlement was
drawn, the trustee% would have the power of ad-
vancing him the principal of her fortune upon his
personal security? I told him they would have no.
such power. It was Mrs. Harriman 's wish to put it
out of her own rower to dispose of the money other-
wise than by will. I said I thougheno trustees would
like to be invested with such a discretionary power
of advancing her money. He expressed a wish that
such a power should be inserted. I told him that if
he wished it to be done, he must name it to Mrs.
Harriman, and desired that he should mention it to
her immediately, as the engrossment of the settlement
was nearly finished. I never received any instruction
on the subject. We met on the llth of October to
execute the settlement. Mr. and Mrs. Jackson, Mrs.
Harriman, Mr. Edward Johnson, one of the trustees,
(I was the other trustee) and I were there. The bride-
groom was not there. We waited for him from
twenty minutes to half an hour, and then I received
that note. When it was read, firs. Harriman was
very much agitated, and left the room. She was away
nearly an hour, and she gave me directions when
she came back to write that letter. I had had con-
versations often with the plaintiff' respecting her pro-
perty. He had not been aware, till I told him, that
she could have no dower out of her former husband's
real estate, being strictly settled by his will. Her
dower is one hundred pounds, and she has personal
property of 1.3,000 or 125,000. It was thought much
larger. She had reduced her estate since her husband's
death. I paid him £l2O for his presents. It was about
a fortnight after. He was not pining. I asked him
for a receipt in full, and said Mrs. Harriman did not
wish to be harassed with an action, though she was
not afraid of it. I drew a receipt, which I wished
him to sign. He objected, and said he would not
sign that receipt for twenty times the sum. There
was nothing said of the moonshine of friendship or
sunshine of love.

Re-examined by Mr. SCARLETT.—The receipt was
for all claims and damages against Mrs. Harriman.
I received a letter from Mr. Scotson, stating his rea-
sons for not speaking to Mrs. Harriman about the
change in the settlement. My office is forty-nine
yards from the Black Lion. It was Mrs. Harriman
who desired the change from the office to the Black
Licn. Ido not know from my own knowledge that
Mrs. .Harriman was confined in the Black Lien a
fortnight after. I did not hear it or learn it of her.

Mr. SCA RLETT (to Mr. Cape).—l desire now, that
you read it loud and well.
The letter was read. It urged that power should
be giver. to use the money in the way of trade, and
stated as his reason for not recommending it himself
to Mrs. Harriman, that her affection for him would
induce her to consent to anything. It professed
great respect for Mr. Perry's talents, and confidence
in his character, and never spoke of the Black Lion
in any terms at all.
Dand Wells.—l married the plaintiff's sister. He
was nearly eight years in our employment.
Mr. Justice HoLnovn.--Have you no more evi-
dence upon that point of the settlement?
Mr. SCA RLETT.—NO, my Lord.
Mr. Justice Hor,noyn, after a good deal of keen
discussion, ruled that there was no case to go to the
Jury. She went to the meeting at the Black Lion
to execute the settlement; she urged him to go; he
deigns not to give her any reply, or to make any ex-
planation, but refuses to attend the meeting. It was
not a breach of contract on her part, when he re-
fused to execute the settlement.—Nonsuit.

A few days ago as a child, about 17 months old,
named Alfred Guy, who was placed out at nurse by'
its parents in Hackney-road, was playing in the gar-
den, the nurse was alarmed by its screams ; on her
running out to see the cause, she found the infant on
the ground bleeding copiously from a wound on the
head, and a large flint stone was lying by its side,
which must have been thrown by some person from
the road. A surgeon attended, but the child died
on Friday. An Inquest was held on Saturday, and
there being nn proof the stone had been thrown, the
Jury returned a verdict of Accidental Death..
Tuesday an Inquest was held at Sheffield, on John
Mackay, who was brutally stabbed, in a public-house,
with a butcher's knife, by a man of the name of Mose-
ly, in consequence of some offence taken at a trifling
incident—Verdict, WiVed Murder. Mostly is com-
mitted to York Castle,

BANKRUPTCY OF HOWARD AND GIBBS.

SATURDAY, SEPTF.MUER s.
The petitioning creditor, under the present Corn-
mission, is Mr. B. Shaw, and the debt upon which he
claims is 11:2000 on a bill of exthange, accepted by
the bankrupts for that sum of money advanced by
Mr. Shaw to them. _ _ _

Mr. TRESLAW, Mr. ROSE and Mr. MoNTAGUE,
attended as Counsel for several parties concerned in
this intricate business.
Previous to Mr. Shaw proving his debt, Mr. Rosa
submitted the propriety of well examining the claim,
as it appeared on Mr. Shaw's deposition, to prevent
the possibility of any dispute arising hereafter upon
it, by which, after all the expenses of inquiry should
have been incurred, the present Commission, like the
last, would be liable to be set aside. This proposi-
tion being acceded to by the Commissioners, Mr.
Rosa proceeded to suggest some objections, as pre-
senting themselves to his mind, on the deposition of
Mr. Shaw, as now tendered. It appeared that this
£2OOO was advanced by Mr. Shaw to the bankrupts,
Howard and Gibbs, for the use of the Marquis of,
Worcester ; and he submitted that it did not appear
that any consideration had been given to the bank-
rupts for the present bill of exchange.
Mr. TRESLAW, on the other hand, contended, that
Mr. Shaw had a good claim against the bankrupts'
estate upon this bill. The money might have been
advanced for the use of the Marquis of Worcester,
for any other purpose, for anything he knew, but the
present acceptance was given by the bankrupts as
security for the performance of the stipulations on
' which it was advanced, and gave Mr. Shaw a legal
claim for the amount on the bankrupts estate.
The Commissioners, after consulting shortly tOge-
, ther, declared their opinion that Mr. Shaw's claim
against the bankrupts' estate was good.
Mr. 'MONTAGUE had no intention to.oppose the pe-1
titioning creditor's debt. He considered there was
nothing in his friend Mr. Rose's objection; but there
was one circumstance which he considered it fair to
state to Mr. Shaw. There was already in the hands
of the Sheriff £9OO, which might be made applica-
ble to the liquidation of so much of this debt. Now
if Mr. Shaw thought proper to prove for the whole
£2OOO, be must not be surprised if the creditors
should claim this £9OO, whenever recovered from the
Sheriff, for the benefit of the estate.

Mr. Shaw's Sulicitor said, they never contemplated
recovering sixpence from. the Sheriff.
Mr. NIONTAGUE.—That may or may not be; I
thought it fair to give Mr. Shaw this intimation: he
will adopt that course he is advised to take.
Mr. Shaw was then admitted to prove for £2OOO.
Mr. Bland then claimed upon an acceptance of
Iloward and Gibbs for £lOOO.

Mr. Tit ESLA w examined him as to the consideration
given for this bill, and the discount received.
Mr. Bland said, he received the bill from Lord Al-
vanley, for whom he cashed it, deducting the dis-
count of five per cent. only. He was no scholar
himself, but his daughter and Lori Alvanley settled
the discount, which, as far as he recollected, was be-
tween eight and nine pounds. Ile gave Lord Al-
vanley £750, taking a debt of £250, which was due
to him.

Mr. TRESLAW inquired when this £250 was lent to
Lord Alvanley?
Mr. Bland said, it was not lent to Lord Alvanley,
but to a Gentleman named Scope Davis.
Mr. TRESLAW.—Then how came Lord Alvanley
to pay Mr. Davis's debt ?
Mr. Brand.—l met Mr. Davis and his Lordship at
Tattersall's one day, when they were bargaining for
a terrier dog; and I then asked Mr. Davis for the
money, and Lord Alvanley said he was in Mr. Da-
vis's debt more than that sum, and he would see me
paid. I afterwards met Lord Alvanley, as described,
in Park-lane, and his Lordship said, if I would cash
Howard and Gibbs's bill for £lOOO, he would pay
me Davis's £250. This induced me to do it.

Mr. TnEsr.Aw then inquired in what way the money
was lent to Mr. Davis?

Mr. Bland said, in Bank notes. Mr. Davis sent
and desired to see me, and I went to him at his own
house, and lent him the money in Bank notes.
Mr. THESLAW.—Is it usual with you to go to Gen-
tlemen's braises provided with £250?
Mr. Bland.—Yes, sometimes it is usual.

Mr. TRESLAW.—Have you any banker?
Mr. tland.—Yes ; Herries and Co. are my bankers,
and I can at this moment draw on them for £5,000
or £6,000, and I'll bet you £lOO to £lO my draft
will be honour ed !—(A laugh.)—l mean no offence ;
but I am induced to state this because you make such
a wonder of my having £250 in my pocket.
After some further observations, Mr. Bland was
permitted to prove.
The next claim was that of Mr. Cloves, on an ac-
ceptance of Howard and Gibbs, for £1,150, indorsed
over to Mr. Cloves by an individual named Payne.
In the course of his examination by Mr. TRESLAW,
Mr. Clovei stated that he was at Newmarket in the
July Meeting, where he met Mr. Payne, a Gentle-
man whom he had before known. Mr. Payne asked
him to lend him £450, and he did so. He advanced
it in Bank-notes, and took no memorandum. He
lent the money in the street. He did not know that
anybody saw him, but a thousand people might, if
they chose, have witnessed the transaction. He did
not know what Mr. Payne wanted with the money,
or how he applied it. Mr. Payne was to have paid
him at the next October Meeting, when they again
met at Newmarket, and a day was fixed for the pay-
ment. Instead of money however, Mr. Payne
brought the bill in question, and asked him to give
_
him the difference, taking the £450. He told Mr.
Payne he had not so much money with him ; but he
at that time gave him a check on his banker for
£4OO, and a week after another check for £3OO,
making £1,150. He took no discount, and had such
an opinion of Mr. Payne that he should not, had the
sum been double. Mr. Payne was now abroad.
The Commissioners being of'' opinion due consi-
deration had been given, Mr. Cloves was allowed to
prove, and did so accordingly.
Debts to the amount of between £BOOO and £9OOO
were proved.
Mr. MONTAGUE then observed, be had a claim to
tender on the part of Mr. Carrol, to prove upon,
three bills of exchange for £lB,OOO. • Asl-nmours
bad gone abroad of an opposition to- this claim, he
bad thought it right to put m his claim now ; and,
was these rumours were public; it would, perhaps, be

'more satisfactory to the great body of the creditors
that the discussion of the claim should be.pliblic
The Commissioners observed, they considered jus.
tice as their main pursuit, and gave hut little cuaa,
deration to public opinion, They considered a pri,
vate investigation as most likely to promote that end.
Mr. TREsLAW trusted that, as these rumours I)3d
been public, the Commissioners would comply with
the desire of the parties to have the investigation
public also.
The Commissioners, upon this representation, said
they would have another public meeting on Tuesdar.
They would take the debts of other creditors for aA
hour, and at two o'clock proceed to discuss Mr. Car,
rot's claim.
Mr. Treest.Aw here observed, it would be
sary that Mr. Carrol should come prepared with the
books and papers relative to his transactions with
Howard and Gibbs.

Mr. Carrol.—l never had any account from Ilmvara
and Gibbs.

Mr. Tnest.Aw.—But I suppose you have an ac:
count of your tran4actions with them?
Mr. Catrol.—As a man of business, pots Can
hardly doubt but what I have accounts of transac.
tions so extensive.

Mr.. Tit es tos w.--. You can then give a direct answe;
yes or no ?
Mr. Carrol.—l have accounts of my transact;or3
with Howard and Gibbs, but my debt is founded oa
three bills of exchange ; here they are. I hare nu
other accenult of them but the hills themselves.

Mr. RIONTAGUE.-11ave you an account;-1•,•e
have. no account at all from Howard and Gibbs. We
have an account of other transactions kept by 0,„.
selves, but none as regards these bills. We shall exer-
cise our own discreticn as to what we shall pi ottuce.
Mr. TtlEsi.aw.—We shall require your hooks an;!
accounts; and if not produced, the inquiry Le:e must
be at an end.-1-lore the subject dropped.
Mr. 11ONTAGUE said, he would now tender another
claim, .that of Mr. Grinstone, for f:36,0(30. This debt
might be investigated in private, at any time the
Commissioners would appoint.
The Commissioners fixed Monday, and atfiournel
to that day, when Mr. Grinstoms claim will be in.
vestigated by them.
The Bankrupts surrendered, and claimed protet.
tion in the usual form.