Star.
London, England, 1829-07-31 00:00:00

2,531/. 6e. The assignees contended that the defendant
could not have had these dealings with the bankrupt
without knowing that they must end in the ruin of Mar-
shall, and that he was consequently liable to them in the
sum claimed for the benefit of the creditors generally.
A person who had lived ire the service of the bankrupt,
proved that he knew of several transactions between the
bankrupt and the defendant, as well as other parties,
where the goods were purchased by the defendant at a
great price.
The bankrupt alai proved the different transactions he
had had with the defendant. The books were handed up
to the witness, and every sale minutely explained, the
witness stating thtt sum the goods had cost him, and the
amount paid for them by the defendant.
Lord TENTER DES having given it as his opinion that
the assignees could legally claim only upon those goods
which had been sold subsequently to the commission of
the act of bankruptcy, the investigation was confined to
, those sales.

The bankrupt, in the course of his examination, stated,
that when he expected a lot of goods, he usually let the
defendant know, and it seldom happened that more than
two or three days elapsed between their arrival at his
(Member.) warehouse and their being purchased by
Dexter, at a very reduced price from that charged to him-
self by the manufacturers.
Mr. BROUGHAM (with whom were Messrs. CAMP-
BELL, F. Pou.ocic, and Ev ANs) contended, in a apeech
of great length, that on the evidence there was nil proof
that Dexter was aware of Marshall's state of insolvency
at the time of these transactions, and that he was there-
fore not liable in the present instance, and could not be
considered as a party to the fraud.
Lord TiwrEnnzx summed up the evidence, and said
that the first transaction, in his opinion, should not be taken
into consideration, inasmuch as it took place prior to the
commission of the act of bankruptcy, and that the assig-
nees could consequently not take cognisance of it. His
Lordship having gone through the whole of the evidence,
left it to the Jury to say whether they were of opinion
that under all the circumstances the defendant could be

ignorant of the insolvent state of Marshall's affairs. If
so, then the verdict must be for the plaintiff. If, on the
contrary, they thought that the evidence would warrant
the conclusion that he must have been acquainted with
that fact, they would find for the defendant.
The Jury, having been out two hours, returned a ver-
dict for the plaintiff—Damages 2,0461.
TOWNSEND V. HADDARD AND OTHERS.

This action was brought by a mast and block maker at
Yarmouth against the defendants, who are most respect-
able merchants, to recover 344/. for stores supplied to a
vessel called the Mary, of which they were the owners ;
the defendants had paid 53/. into Court. It appeared
from the evidence that a person named Batley had begun
to build a ship called the Mary, at Lynn, and in the
month of April, 1822, he entered into a contract to sell
the ship to the defendants ; the meporandum of agree-
ment was made in April, but the contract was net per-
fected before July following. In that month a register
was obtained, in which Batley was named as builder, and
Stonehouse as the master. It also appeared that Batley
had made a contract with the plaintiff to supply masts
and spars, but the plaintiff having learned that badey's
credit was bad, did not choose to send the goods. The
ship at the time was waiting for masts and spars, and
Captain Stonehouse, the master, appointed by the defen-
dants, went to Yarmouth to forward them. The plaintiff
was absent when Stonehouse called, and he asked a
person, named Lott, who managed the plaintiff's busi-
ness., why the masts and spars were not sent ? He was
told they were not sent because Mr. Townsend did net
know who was to pay for them. Capt. Stonehouse then
said, 1‘ We must have them ; the ship is under charter,
and must have them soon : we will pay for them." The
plaintiff, considering Stonehouse the agent of Messrs.
Haddard, then sent the goods on board.

The defence was that Stonehenge acted as tho agent of
Batley, who had contracted for these stores.
Lord TEx Tcn nEx said the question for the Jury was
whether the goods were supplied on tho credit of the de-
fendants, that credit being pledged by their Captain, who
was authorised ? If the goods were furnished in conse-
quence of such a pledge, the defendants would be liable.
The Jury found a verdict for the plain tiff. Damages,2B9/.

A man, while undergoing an examination on Tuesday,
before the magistrates at the Guildhall, Bath, suddenly
and most unexpectedly made a spring through an open
window looking into the market, and clearing a wide and
deep area, its surrounding railing, and a large stall of
vegetables, he made a clever and effectual escape before
means could be put in force for his capture. Had he
missed his spring and fallen into the area, it is probable
he would have lost his life.

Yesterday afternoon, at half-past five o'clock, an in,
quest was held at the Red Lion, Hampstead, before Mr.'
Stirling, the coroner, and a respectable jury, on view of
the body of Frederick Wentworth, who came by his
death in consequence of injuries he received in a pitched
battle with a man named Davis, alias Jack the Painter,
on Monday last. Mr. Harmer attended as solicitor on
behalf of three persons now in Clerkenwell-prison-7-vix.
William Davis, Patrick Flynn, and William Eales. The
evidence was gone into at considerable length, and the
Coroner charged the jury, and explained to them the law
as applicable to . the respective crimes of minder and,
manslaughter, and said that the parties aiding and abet-
ting in any way in a pugilistic contest, where death en-
sued, were equally responsible with the principals. This
fight appeared not to be the result of a sudden quarrel,
but deliberately got up for particular purposes and to
serve particular ends, and persons who would engage in
such transactions must do so at their peril. The jury
consulted for an hour, and then returned a verdict of—
" Manslaughter" against William Davis, the principal,
and Patrick Flynn, and Michael Driscoll, alias the St.
Giles's chicken, the seconds of the deceased ; and Jame.
Raines, and Edward Murphy, the seconds of 'the survivor.
Spring and Eales were not included in the verdict, mid
Eales, it is presumed, will be discharged from custody.
Davis and Flynn. who are in Clerkenwell-prison, will
stand committal upon the Coroner's warraut to Neesgate
fur trial ; and his warrant will also he issued fee the ap-
prehension of Driscoll, Raines, and Murphy. The vier-
,ilict was not returned until past 11 o'clock.
Tuesday a most melancholy and affecting circumstance
took place near Rochdale. A. girl, of the name of Jane
Stott, aged seven years, IMP sent by her mother to wash
a maple the river at Orkenrod-mill, near Rochdale, and
wide is the act- of (Wag so ebe fell in. A man, of the
Jeanie of John Schofield, who . was passing, observed the
chiltfall into the river (which at that place was *beet
iwrs yards deep) and immediately phinged in. The child
seized the male by the rick. which mused him to tutu!
apes his back ;lye wan intable is roamer his balsam, ail
*rend the child were both drowsed. The nnfarlissabef

Auppoitoo loft a wife and to children: and to add to t
Moms of tba .faaaiLy. a fow bows weviatudy to
above occurrence the landlord had distrained for rent.

.~"

•A• ASSIZE INTELLIGENCE.
—now—
difFOßD CMCULT.—ABINCIDON, Jew elk
BOWYER V. CARRICIIREL.
This war an action brought to recover compensation
for injury done to the plaintiff's carriage, by the negli-
gent driviag et the defendant's coachman.
Mr. trot LUDLOW and MT. JUSTICE were for
the plain • ; Mr. JERVIS and Mr. Tar.rou to con-
ducted the defence.
Mr. Wm. Cheek Bouaeld examined by Mr. JUSTICE
—1 am an attorney residing at Chatham-place, Lowden";
I was at Ascot races on Tuesday, the 16th June ; in re-
turning, I was riding on the turf by the side of the road,
between the carriagesand the ditch ; I was riding near a.
pony chaise belonging to the plaintiff, and the defendanee
(Colonel Carmichael's) carriage (a barouche) was be-
hind ; the coachman and another servant were on the
coach-box, and four gentlemen inside ; the head of the
berouche was up, and I could scarcely see the gentlemen,
it was so closely shut in. The line -of carriages was, I
think, going about six miles an hour; Col. Carmichael's
carriage left the line to proceed faster when about even
with the plaintiff's carriage, a carriage coming from Lon-
don met it; the road in that part I have measured, and
k was jest 15 feet wide ; Col. Carmichael's ceschmen
ought to have seen this carriage coming ;
'in a &acuity, he tried to get out the best way he could;
having broken the line, he could not return into it, and
dm* into plaintiff's carriage, which had not at
SWIETed Sera the line before, but new got partly on am
'green sward; 1 saw the wheel of Colonel Casmicheafit
carriage strike against the plaintiff's ; the hind winds
were locked, and west round for a turn oe two ; die
plaintiff's horse took fright, and ran away on. dal
sward, the carriage was overturned, and the plaintiff asi
three ladies thrown out ; I rode up to the defend.***
carriage, and asked whose it was ? I told the easehman
he ought to be ashamed of himself—they returned me
no answer; I went to each vide of the carriage,and asked
the gentlemen to give me their names, but they did not
answer ; I then said I would follow them till midnight,
and discover who they were ; I followed the dekialtrat to
his house ; the next day I put an advertisement iu thei
Tuxes, stating that I had discovered and would reveal
who the owner of the carriage was; when I rods up to
the defendant's carriage, alter the accident occurred, I
used no oath ; I am not in the habit of swearing, as those
who know me well can tell.

The principal part of the evideace of this witness was
corroborated, by two of the ladies who were riding In the
plaintiff's carriage.
John Huffman proved that the plaintiff's horse was
" the quietest creature he ever seed in his life ;" and Mr.
Morton, a coachmakcr, proved the injury done to the
carriage.
Mr. Hitching& examined.—l am an attorney,
at Staines. I went by the plaintiff's directions to
Carmichael, and asked him whose carriage it was at
Ascot races on the 16th June; he said it was his, and
driven by his servant. I said I thought he had better
avoid a law suit, th‘sum being so trigiog, and wished
him either to pay for the damage done, or to go into a
reference ; but he said he had seen his attorney, and
should defend an action if commenced.
Mr. JARVIS was heard en behalf of the defendant, and
odd he shooldieftstradiet the whole of the evidence which
had been prodnced by the plaintiff, and proceeded to call
the following witnesses
' Henry Sherburne—l am coaclemila to Colonel Carmi-
chael. I drove his carriage on the day he question. Our
earrings kept in the line, which it never broke. The
plaintiff's carriage was never in the fine, it was partly on
the, green award and partly on the read. The plaintiff
drove badly, and drove against our wheel : his bens woe
frightened and ran away over the green sward; and
when we passed by, it was overturned. There was no
earths* coming in a contrary direction at se near attire
time. lam quite certain if there had been I should have
seen it. Mr. Bousfield came up to our carriage after-
Inas, and said, " Stop, you rascal !" and shook his
He said, " You rascal! yea 'Ado 1" two or three
times.
Joseph Priestley corroborated the testimony of last
witness, and stated that if any one bad sworn that a car-
riage was can* in a contrary direction, he had more
that which was false. Mr. Bousfield cease up in a great
passion, and said, " You scoundrel, give the name of the
owner of the carriage."
Majoe-General Sir John Elley exemioed by Mr. TA L.-
FOURD.-1 was in the carriage of .the defendant at the
time the accident occurred ; from my position in it I could
Me on both sides of the road. The way out of the course
is at a right angle with the mad. When Col. Carmichael's
carriage entered the road I distinctly saw a chasm in the
line of carriages, which we entered, and having once en-
tered, we did net deviate from the line in the least degree.
I must have known if we had. I saw die posy-chairs
of the plaintiff; it was out of the line, sad was nearly
parallel with our carriage. I afterwards observed the
pony-ehaise move forward at an advanced pace, and it
bore towards us as if improperly directed by the driver.
It then came in contact with the Colonel's carriage.
There was no carriage coming in a contrary direction. If
it has been stated that this aecident happened by Colonel
Carmichael's hating passed out of the line, and attempted
'to return into it, on my oath I should state it to be a
falsehood, because if such an occurrence took place I
must have witnessed it.
Captain Porter examined by Mr. J carts.— I was in
Colonel Carmichael's caniage on the 15th of done ; it
eager inks) the line ; the plaintiff's pony-cheire was oat
'in the Nee, it was partly on the green sward and partly
eh the road.
Edward Easley. a coachman, proved that he had ex-
wised Col. Carmichael's carriage, and front the meths
on the wheels he was induced to believe that they were
aseasiorted by another carriage running against it.
Mr. Baron VAUGUAN recapitulated the evidencul at
length, and observed that in his whale life he hail ones
humid et a case in which the evidence was in envy point
so essapletety contradictory.
The jury returned a verdict fix plaintiff—dainages,151.
' *Olt FOLK CLRCUIT.- t`ttiliGHAn.
EAGER V. DVOTT, ALIAS THOMPSON".
The declaration is the case stated that the defeoileak
'en the 19fit of May, entered the • dwelling-house of the
,plaintiff, at Lingle?. Marsh, expelhel him from the occu-
pation of it, and seized several of his sou& and chattels.
The principal ditficulty in this owe tuned upon the
pastiest whether a conentisaiee of bankruptcy hail or hurl
sot been issued against the plaintiff liken, the alleged
,act took place, and whether the defendent was a creditor
to, the amount of 1001. which. wouldl have justified his
preeseiling ? The roe hated a eetrialetable titer, awl that.
jury found a rertrect for the defendant.
tterig=r.
Yeeterlhe Amami *eat tout *WWI.
dams eleallit • he the east. heel aim "Littera. ead. gotta
`titer vivid &shoe of iileilaieg, ease weed by art deeps
of dander. and t bevy NI of hag midis* width ulebtged
Ilte streets of the Metropolis. The storm continued aim!,
au hour and a half, and extended but et few miles.