Star.
London, England, 1828-03-26 00:00:00

LAW INTELLIGENCE.

VICR.CHANCELLOR'S COURT, MARcu 23.

SIR P.POLR AND OXHIRS v SPOTTISWOODR AND OTHERS*
In this case the plaintiffs were some of the credi:ort
of Messrs. Hurst and Robinson, booksellers, bankrupts.
The defendants, being nine in number, are the siz as-
signees under the commission, and the remaining three
defendants are Messrs. Moon, Greaves, and Boys, the
purchasers of a large portion of the bankrupts' stock,
consisting of books and piens, from the as•ignees.—
The'bill prayed that an injunction. might be issued to
restrain the defendants, Messrs. Moon, Greaves, and
B ,ys, the purchasers, from selling any part of the
stock of books and prints which belonged to the estate
of the bankrupts; and also to restrain them from taking
any part of the same from the premises in Waterluo-
place, Pall-mall; and that it might be referred to the
Master to appoint a receiver to manage and dispose of the
property; also to set aide the sale made to lelessrs.Moon,
Greaves, and Boys, on the ground that they had, from
interested motives, induced the assignees to sell the pro-
perty to them for less than its teal value. The Messrs.
Hurst and Robinson were booksellers of great celebrity,
residing in Waterloo-place, Pall-mall, and became
bankrupts in April, 1826. Instead of resorting at Once
to a sale by public auction, Messrs. Boys and Greaves
were appointed to dispose of the property by a gradual
sale. Boys and Gteaves were allowed a yearly salary
for their superintendence, under the sanction of the
body of the creditors. A valuation of the stock was
made out before the bankruptcy, and the bankrupts
and Boys were directed by the creditors to make out a
.fresh catalogue in some time after, which they did,
but put no prices or value to the articles in the
first instance, not being required to do sn. Some
sales were made until the month of April, 1827, when
Boys and Greases, in conjunction with Moon, became
purchasers of the remaining property, and the lease of •
the shop and premise*, for 14,8001. One of these, a
short time before the purchase, was said to be an uncer-
tificated bankrupt, and the other was a minor. Of the
. purchase money 8.0001. was paid down, and the re-
',minder was secured by bills payable in thirty-two
months. The affidavit of Messrs. Horst and Robinson
stated that the property was of the value of 50,0001.
and the prints alone were worth 15,0001. and that plates
and prints were said to be worthless, which were worth
1.5001. at a low valuation. Several other affidavits stated
the stock of prints alone to be worth from 27,0001. to
35.0001. and 40.0001. and the stock of books from
11,0004 to 12.0001. On the part of the defend-
ants, the purchasers, it was contended that the
value of all kinds of engravings, prints, or books,
were greatly depreciated at the time of the put-
chase. Boys and Gre ayes, as shopman and clef k.
who had a fised salary, were not allowed by the
assignees to sell any part of the stock, except at the
regular list prices, without the express authority of the
assignees. The valuation made by Boys, before he had
an idea of becoming a purchaser, was at a gradual sale,
and not from sale by auction. It was agreed, at first,
that 15,0001. should be the purchase money ; but, in
consequence of sense numbers of the Ancydopedia
Britannica being incomplete, a deduction of 2001. was
made, making the purchase money 14,8001. The rent
and taxes of the house in Waterloo-place exceeded 5001
which rendered it of no- value to them. They sold one-
third of the stock, since the purchase, for 7,00 W. to
enable them to complete some of the works, arid the
surnaming two-thirds were unsold in February last—and
were, in fact, in an unsaleable condition. The expenses,
allowances for risk and bad debts which they incurred,
would reduce the ultimate profits to no more than.a
fair remuneration for their skirl and. trouble, time and
attention which they devoted to the business. The por-
tion sold did not exceed the valuation made by Boys
for a gradual sale, and sone for less, and the plates
fee finishing the Encyclopedia Brikannica cost them
31,0001. They insisted that the sale was a fair, honest,
and bona fide sale, and which ought not to be set aside.
The print stock, instead of 500001. was not worth more
than 8,0001. and could not have brought more than
5.0011. at air auction ; apd the bock stock was not worth
Rae dm, 5,0001. The catalogue made out by Boys was
a lair one, and not intended to deceive or misguide the
assignees. Property to the amount of 61,0001. bad been
sold by trade sales before Messrs. Bays and Greaves
became purchasers. Mr. Saunders, the auctioneer, of-
fered only 8,0001 for the *hole, which Messrs. Boys and
Gre .yes purchased for 14 8001. and Mr. Robinson
hi•osell cif. red no more than 11,0001. or 12,0001. for it.
It was submitted that the sale was advantageous to the
credi ors in every respect, and ought not to be set aside
Many i f the affidavits in support of the application,
emanated from rersons who were more or less prejudiced!
against the purchasers. One was a discarded clerk of
the assignee., and another was a candidate for Boys's,
situation. Although the stock might produce 41,001'1.
by. gradual sale, yet 14,8001. was the full value for it.
taken together. One-third bad been sold for 144001.
of which 7,0001. only was received in cash, The stock
could not be disposed of by a gradual sale in less than
lobe years, at an expense of 2,1044. a-year, making
8.400/. for the four years. The necessary outlay in
completing the works amounted to 5,0001. the plates
for she Lncyclepedia Beitannica cost 3,0001. and the
interest on the capital, at five per cent. together with
the capital itself, and the other items above enumerated,
amounted to 34,1601. Now lee latter sum, deducted
front the alleged value, 434001. would leave a profit of
- 10401. which, it was submitted, was not more than a
„,011fficieet. remuneration for the time, skill, and labour,
„anima) purchasers must devote to such an extensive,
• ..mow.
" ) 64' 41., at lase occupied the Court five days, and no less,
:
55 ha Davits weLe read on both sides.
• Sr. Hoax; was Counsel fur the plaint:ffs, and Mr.
.1111* and ethers were Counsel for the defendant,.
. Hit Houma was of opinion that there was not any

deception practised by the defendant Boys in making
out the new book or catalogue, for he acted under the
direction of the assignees. The great found•tiun of the
plaintiff's case was, that Boys was employed by the
assignees to sell the property, who, as well as Grraves
and Moon, were alleged to he all affected by Boys
being the agent of the assignees; but it did not appear
that Boys was the general agent to sell, for he only ap-
peared in a subordinate situation under the general di-
rection of the assignees, and no great degree of trust and
confidence was reposed in him. His Honour was not
now hearing the cause, but merely whether an injunction
should be grantt d? He attended to all the affidavits, and
he answers, and he could tint feel that any case of
suppression or misrepresentation had been made out
against Boys and his coadjutors, the purchasers. His
Honour went through the facts of the case, and dwelt
upon the statements made in the defendants' answers
as to the ♦aluation of the property under a gradual
sale and a forced sale, and said it was the duty of the
assignees to realise all the convertible property of the
bankrupts without delay. It therefore appeared that
14,800 L was, within a reasonable compass, a fair put--
chase. He was of opinion the profit was not so enor-1
moss that the Court ought to interfere by a summary
process of it junction, and the assignees might in his opi-
nion fully agree to the terms of the sal . With reference
to the prints, he could not rely upon that part of the
plaintiffs' case, opposed as it was by numerous am la-
wits. To resttain the purchasers from selling or dispos-
ing of the goods, or to make away with them front the
premises in Pall-mall, and to refer it to the Master, and
to make an order upt.n an injunction, would not be a
proceeding in the right eserche of the di cretion of the
Court, upon an application of two creditors, without
the concurrence of the great body of the creditors, par-1
ticularly when it was proved that the transaction in
question was most beneficial to the estate. A strong
case had not been made out against the defendants,
and he considered it would be harsh and injurious we,.
the Court to consent to the prayer of the Bill. kits
Honour refused the injunction, hut would not at pre-
sent give costs, reserving them for the hearing of the
cause. Injunction refused. The Court rose at 5 o'clock.

SHER I Frs COURT.—LANCASTER
Before Mr. A unason.
SAIMILIt V. BTuri.

This was an action brought to assess damages for an
assault inflicted on the pl •intiff by the defendant, at the
Theatre in Manchester. The damages were laid at.5OW.
The defendant had suffered judgment to go by default.
Mr. Joint WILLI/sus stated the case. The plaintiff
was a most respectable young man. about SO years or
age, an attorney at Manchester. The defendant was a
cotton manufacturer in the same place, and w. .s much
older than the plaintiff. On the 15th of January last,
the plaintiff was at the Manchester Theatre. There was
a performer from London playing there that night ; he
believed it was Miss Pawn, aed the house was very
much crowded. The defendant went into the Theatre
that night, and asked the check•tater of the lower dress
boles whether Mr. Barker was in the house? and he
was infetmed that he was; he left his great coat and
.gloves with the check-taker, and then edged where Mr.
Barker was? He told him, and the box door was
opened. The defendant went in and asked the plaintiff
it he was Mr. Barker, the attorney? The plaintiff turned
his face towards the door, when the defendant struck
him a violent blow with his fist on the face. which
knocked him dowas cut the cartilage of his nose, cut, his
face, blackened his eyes, and caused him to be much
disfigured. He then drew from his sleeve a horsewhip,
and struck the plaintiff five or six violent blows. He
struck bias again tea or twelve times in the most cruel
manner. The play was stopped, the audience became.
alarmed, and the plaintiff was carried nut of the Theatre
bleeding profusely. Mr. Lavender took the defendant
into custody. and he was held to bail for any indictment
which might be preferred against him—These facts
being proved,
Mr. BROUGHAM addressed the Jury for the defendant.
His cheat bad already offered to make a full and ample
apology to the plaintiff, and to pay a sum of money,
which was declined. The defendant must have been
labouring under some mistake, otherwise his conduct
would have the appearance of being under the influence
of insanity. There was no motive whatever assigned.
The plaintiff in his character could not, ►y the defendant's
conduct towards him, be injured in any way. He himself
knew him to be a very respectable young man and active
in his profession. They would, therefore, taking all the
circumstances of this case into their rational considera-
tion, give temperate, and not vindictive damages.
Mr. ALDRRSON summed up, and the Jury assessed
the damages at Two Hundred and Fifty Pduuds.

ASSIZE INTELLIGENCE.

--as.--
NORTHERN CIRCUIT.—YORK, MARcs 24.

The business of the Assizes for this County com-
menced this morning. Mr. Justice BATLEY sat at the
Guildhall of the City of York, to try the City cases.

Before Mr. Baron Hou.oce.

Samuel Willis, aged SI, was indicted for stealing at
Doncaster a mare, the property of Robert For.
Robert Fox.—l live at Doncager, and keep a cart. I
turned the mare out oa the Marsh at Doncaster, on the
last day of July last—on the I st of August it N as gone.
I saw it again at Wittiagton Common, near Whipfield,
on the Bth, :it Jarvis Boswick's. I claimed the mare, he
said he bad bought it of Gellett.
Enoch Gellatt—l live at Sheffield Park; I saw the
prisoner between seven and eight in the morning some
day in August; he offered me a mare; I bought her
for 11.55. I sold her, having kept her three days, to
Boswick, for 21. 10s. 6d. I went there w•th Mr. Fox,
and paid the money back, and Mr. Fox had his mare.
Jarvis Boswick deposed, that he bought the mare of
,Gellatt ;.on being paid his money back, returned it to
Mr. Fox.

Mr. Fox recalled—The mare that he got back from
the last witness was the same mare that he turned out
on the Slat of July. It was woad, sit guineas.
Too persons of respectability, for whom the prisoner
had worked, gave him a good character.
The Jury found the prisoner Guilty.
r He was again indicted, for having stolen, at Doncas-
ter, a brown horse, the property of Mr. John Webster.
The Jury immediately found him Guilty.
Mr. Baton Htn.Loce then said, it was his duty to
inform the prisoner that he must prepare himself to
leave this world—he must leave the law to take its i z-
treme course—the increase of the crime- rendered it
absolutely necessary.
The prisoner became much affected, but still denied
the charge; and implored his Lordship to have mercy
upon him.
John Todd, agel 45, was indicted for stealing a brown
gelding, the property of William Wardell, at North
Cirimsrone, on the 29th of August last.
The Jury found the prisoner Guilty.
Mr. WIWI HULL cx gave the same admonition to
this prisoner that be did to the last.
There are no less than twelve persons in the calendar
charged with the offence of horse.stealing.

POLICE INTELLIGENCE.
GUITriALL
Thomas take, who had for some years held a confidential situa-
tion with Nlr. Fltmins, a pawnbroker, in Newgate-street. was
brought before Sir P. Lamaze, Knight, charged with embezzling
money and goods to the amount of 4001.
Mr. li• emu stated the case. Mr. Flatting, who is 80 years of
age, bad engaged the prisoner to superintend the business. lout
three weeks ago stock was taken, and according to the account of
money outstanding upon unredeemed pledges, there was a deficiency
in the amount of property in the house to the extent of 2001. Mr.
Fleming did not know which of Ms servants hr ought to suspect,
but a clue was unexpectedly obtained on Saturday last. One of
the shupmen, ie looking over the ware-rooms, bad the curiosity to
open a parcel. which bad been in the house above a year, and which,
from the label, appeared to contain a pocket book, brooch, miniature,
and a cum, pledged fur 30s. The contents, however, actually were a
worthless old pocket book and same waste paper. This fact was
communicated to Mr. Fleming, whose two sons came to the pre li
-
mises on Monday, and commenced au investigation. The prisoner
was searched, and in his pockets were found two duplicates, one of
which related to a watch, which bad been pledged fur 11. This
should have been in a nest of drawers, all the 1/. watches being
kept in a drawer by themselves, these pawned for 30s. is another,
kr.. but the prisoner, on being questioned, gave up the key of his
private drawer, and there the watch was found. Upon wards
being made, it was found that not only 2004 had been entered
as lent, the pledges fur which could not be found, but
there was nearly as much mote entered upon sham pledges,
manufactured by the prisoner in his bed-roorn, as he himself
corilessed. Mr. Fleming, jun. bad a bag full of these pledges
in the office, upon which 1001. bad been taken from the till. as
the loans on thent,whik the realvalue admen altogether was scarcely
ss. Pewter teapots were ticketed as pledges fur 51. The tickets
on thew slant pledges were all in the prisoner's hand-writing. There
was another clear use of embezzlement of money. Pawnbrokers
are petty bankers, to whom the poorer class of tradesmen, and
especially persons from the country who frequent the markets,•
intrust their money for safe custody. A Mr. Ryan., a hardware-
man, in Fleet-lane, had for years sent his small change to Mr.
Fleming, to whom it was useful in his business, and who gave notes
of large amounts for it, whenever required, the deposits sometimes
act.umulating to one hundred pounds. Two inontorandums would
he produced, in the prisoner's writing, acknowledging the receipt
of 20/. on the 25d of February, and 18/. en the 15th of March ;
and it would be proved by the books that the prisoner had never
:accounted for these sums.

Sir Pares I.susis desired that one of the sham pledges, labelled
"12 brilliants 101." should be opened. Its contents were a few
grains of gum arabic. Another. Libelled " neckchains 51." was a
little box containing some old screws and a pennypiece.
Witnesses were examined in proof of these statements, the Alder-
man sifting the evidence very minutely, and starting all the diffi-
culties he could, for the purpose of having the case strengthened in
every possible way, being desirous, as he said, that he might not
send a case from Guildhall which would break down elsewhere.

The prisoner was much affected, leaning down upon the bar, and
covering his eyes wish his hand; and when asked if he had say
thing to say to the charge, replied that he knew it was useless.
He was committed upon only two of the charges ; that of em-
bezzling the NC received from Air. liyall4. and of stealing the
watch which he had plan d iu his own drawer.
' HATrON—GA !WEN.

M. Stewart was put to the bar, charged with being a fortune
teller. Waddington, the °Seer, having beard of various tricks
practised by the prisoner, prdeured a female to go and have bar
fortune told. The young woman went to the prisoner's lodgings ht
Lily-street, Saffron-hill. The prisoner was in the act of telling her
future fate, when Waddington came in and took him into custody.
The prisoner wrote upon the bar, " I hope you wiU be lenient to
me, for the sake of my three children." Mr. Lsatio—l shall send
you to the House of Correction for three months. He was takes
to the above ?risen.