Star.
London, England, 1817-08-27 00:00:00

EX PARTE DUFRESNE.

Mr. DUFRESNE. who was a clothier in Leeds, and
lately a bankrupt, this day appeared in proftria /ter•
lona, by virtue of a writ of habeas corpus granted by
his Lordship, to plead his own cause. The return
from the Commissioners under whom Mr. Dufresne
was committed having been read, tie proceeded to
argue in favour of the Commission being superseded.
Mr. Dufresne, alter having gone over the whole of
the case, proceeded at some length to attack the
whole system of the Bankrupt Laws, as oppressive in
the extreme to the subject—as the ruin of an honest
man, by making him a criminal, and filially produ-
cing infinite moral injury to the character. These
arguments he supported by some law authorities, and
also by the trite quotation from Shakespeare,

orb steels my purse steals trash," tie.
He concluded by saints he had spoken to his Lord-
ship both in his legislative and judicial capacity. and
he hoped he had made out a case fit to justify his
dismission in the most honourable manner from prison.

The LOUD CLIANCELLOR.-44 I do not sit here in
any legislative capacity, for I cannot on any account
do so; and therefore I feel no necessity of making
any observations on the Bankrupt Laws. The Laws
are sanctioned by Parliament, and whether they are
hard or not on the subject, I have no right to alter
them. If a creditor to the amount of 4100 can
prove a single act of bankruptcy„ then he has a right
to come to me for a commissiti, and I dare not re.
fuse it. By the bye, I may here observe, that this is
the second writ I ever issued in my life. The two
questions were put to you by the Commissioners, and
you declined to answer the last ; and you now tell
me that you answered-the first merely from courtesy.
I must say, that had you refused to answer the first,
there would have been two causes of commit iient
instead of one. The law gives the Commissioners
powers to act as they do, and no person can take it
from them. Till the commission be superseded, 1
Ican do nothing with the commitment. Persons who',
look into law books often do themselves more harm
than good. lam of opinion that 1 have no right to
meddle with the commitment. You had as well
settle with the Commissioners, but I shall do nothing
in it; and it is to me a source of heart.telt satisfac-
tion, that every opinion I give here respecting this
case of commitment, or indeed any case, can be tried
before the Judges; as any Judge has as much power
as myself to grant such a writ. I therefore must re-
mand you, though I feel for your case as much as
any man can."
The Solicitor for the opposing creditor said he had
no wish t.i keep the bankrupt in custody; but if he
would answer the question no further measures should
be taken against him.
Mr. Duiresne.—c, My Lord, may I.reply 1"
The Loan COAISCELLOa.-4, Reply I—No, Sir—l
shall not be replied to by you or any man. Sir, you
must be remanded. Call the n. it case, and let me
not be troubled with this. The co,i,mitmeut is suffi-
cient, and let it stand."
Mr. Dufresne. --o My Lord, may I make a audio,'
for the other side to appear here r'
The LORD CHANCELLoR.--ft NO, Sir—move Oil"
Mr. Dufresne was then conducted back to prison
in the custody of the Marshal.

OPERA HOUSE.
WATERS V..TAYLOA.

Mr. HART trusted his Lordship would permit him
to mention this case again to his Lordship. He had
not apprehended Mr. Taylor would have refused the
proposition which had been made to him, but rather
thought he would have readily acceded to it; for
were Mr. Waters even to pay into Court £34,000,
still it would not benefit Mr. Taylor, as he could not
get his monefoot I,f Court; and even admitting that
Mr. Waters had 'paid into Court £5OOO less than he
ought, he was at a loss to bee what benefit it would
/be to Mr. Taylor. He therefore submitted, that the
motion, as respected the mortgage debt, should stand
till the next beat.
The LORD CHANCELLOR.—" I do not see how I
can do this. It would not, its my opinion, be acting
justly to Mr. Taylor, knowing hint to be in prison,
to suffer you to keep the £6OOO in your pocket."
Mr. HART.—"• My Lord, it the lull sum were to
be paid, it would be of no benefit to Mr. Taylor."
Mr. DLITUIE.--" My Lord, Mr.-Taylor is at pre-
sent confined for a sum less than £9BOO, and how
can it be said that this sum of £5951 will be of no
service to him i"
Mr. HART said it would give him great pleasure
to see Mr. Taylor at liberty. He would be the
last man in the world to keep another in if du-
rance vile ;" but it was but justice to Mr. Mills to
say, that the account which had so puzzled his Lord-
ship, in common with himself and the other Gentle-
men concerned in the cause, now. appeared to him
quite clear. He had read over the statement, and
really believed that the money in question was not
due to Mr. 'Taylor.
The LORD CHANCELLOR.—" As Sir Samuel Ro-
milly has lett town, and Mr. Heald is not in Court*
let the case stand over till to-morrow mernins.".

ifSSIZBS.

CUMBERLAND ASSIZES, CARLISLE, AUGUST 21.

TIM KINOV.THE INHABITANTS of THRISSINOTON PARISH•

Mr. RicHAaosns stated, that this WAS an in sict
ment against the inhabitant:. of Thrissington Pali,' ,
for not repaling a road ner a place called Stub s.
hill, in this County The Parish was by law dearly
liable, prima facie. to repair the highways within i;s
bounds i and on this record it was not set forth who
else was, or were liable. The defence, he understood,
was, that the road in question was not a public high
stay ; hut it was very extraordinary if it was nc.t,
being the only way to and from a village. He would
call witnesses, however, to shew that it had been t.sed

as a public highway, and that it had always been •u
considered.

Several witnesses were then called for the prosecu-
tion, who stated, that for 20, 30, or 40 years, they
had used the road as a public highway, and had
seen others use it without any obstruction. They had
seen men with horses and carts using the road. There
were some gates upon it, but no obstruction was
ever offered at these gates, that they knew of. The
road was in a very had state ; and application had
been made to the neighbouring proprietors, without
effect, to repair. The Parish had at one time re-
paired about 50 yards of it, but, this was the only in-
stance of repair, on the part of the Parish, as far as
the witnesses knew.

Mr. Serjeant HULLOCK, for the defendants, re-
marked, th.it there was this singularity in the present
case, that no evidence was given of reputation in the
place that this was a public highway. Though the
road was in a ♦ery bad state, it appeared that the
general impression was, that the Parish was not
bound to rep.iir it, and that application for that pus•
ps,st had therefore been made to the owners of Ltnd
in its vicinity. As the tvidence at present stood, it
amounted to no more than this—that some personsi
had occasionally used this road without obstruction,
which might very well happen, though the road were
a private one. It might arise from the good nature
or the inattention of the owners of the lands on which
•the read was situate. He would now prove, on the
part of the defendants, that persons endeavouring to
pass along that road had been obstructed, and that
the road had been considered as a private one.
Several witnesses were then called, who stated,
that the gates had been locked for days together,
and some of themselves had been obstructed and
turned back.

A servant of one of the proprietors stated, that he
had lucked the gates, and obstructed passengers, by
order of his master.

An old woman, Mary Barnes, • particularly re.
membered that one Alexander Macdonald, a High.
landman, bad been obstructei when attempting to
pass with a lime cart.
Mk. RICHARDSON, for the prosecution,. contended,
that the preponderance of evidence was with him.—
It did not appear that any considerable persons were
obstructed, or such as might choose to be at the
trouble and expense of averting theright ; and it
was clearly proved that the road in question had
been used by many persons without obstruction, and
it had long been considered as a public highway.
chief Baron /twit/subs, after summing up the evi-
dence, observed, that there was a very strong case of
usage this road as a public highway ; and, on the
other hand, there was evidence of obstruction. It
wall for Lile Jury to decide, upon the whole. of this
evidence,. whether' the road in question was or was
not a public highway, that being the only point in
issue upon this record.
The Jury, after retiring and consulting together
fur about an hour, found the defendants Guilty.

SYM N. WILSON AND OTHERS.
Mr. SCARLETT, for the plaintiff, stated, that this
was an action brought to recover i compensation in
damages for a trespass and assault committed by the
defendants, who had, on the night of the ith of 11•
nuary last, about ten or eleven o'cluek, br.ke into
the dsvelling.house of the plaintiff, presented loaded
pistols at himself,.his son, and daughter, and forcibly
taken away the greater part of the furniture of the
house. Even though the defendants could prove
that they had a right to the furniture, this was not a
legal mode of enforcing that right, and therekire the
defendants were answerable in damages ; but, in
point of tact they had no right, and the outrage
ought therefore to be visited with the most exemplary
damages.
A Mrs. Cameron. a daughter of the plaintiff, was
then called, and stated, that on the night of the 7th
of January last, about nine or ten o'clock, the defen•
dants, Wilford Wilson, his son John Wilson, and
one Jackson, another defendant, came to the house
of her father, a farmer, and got in by breaking the
door, or by stratagem, and said that they were come
to take away the furniture of the house. Jackson
was left in the house, while the Wilsons went to meet
the carts, with which one Richardson who held a
farm under Wilson, was coming up. Isaac Sym, the
son, and Joseph Sym, the father, insisted that the
defendants had no right to take the furniture, and
turned Jackson out. The Wilsons afterwards came
up with the carts, •and they, together with Jackson
and Richardson, broke open the door of the house
with heavy stones, and entered. John Wilson pre-
sented a pistol at her father and .her; and Wilford
Wilson, the father, desired his son to blow out the
brains of any one who should attempt to resist them..
Jackson also presented a pistol. Her father aid they
had co right to take away the furniture, since stb-
' civic of his effects had been already sold to pay his
I debts. The party, however, carried away all the
furatture except one bed.
On her cross-examination she said she was sure
that the door was fastened ; and that the defendants
forcibly broke it open. Pistol' were presented at her
father, brother, and herself, both at the first and se.
cond times of the entry by the defendants; she heat d
no knocking nor demand of admittance before the
door was burst open by violence. 1L corroborate the
testimony of this witness to a certain extent, a wit-
fleas was called who stated that one of the Wilsons
had told• him that they had forcibly broke open the
plaintiff's house.
Mr. RICHARDSON, for fly defendants, stated, that
in order to lay the circuonsilances of the case fully be-
tore the Jury. it was nac ee saa y to inform them thit
the plaintiff, Joseph Sym, having become embarras-
sed in his circumstances, in 1816 executed an assign-
ment of his property to the defendant Wilford Wil-
son, and to Thomas Sym, a son of the plaintiff.

ittsoll W2s himself nn ctetiitor, hat was thought a

proper person to be a truster. Nilson 1144 p ti'd the
rent, amounting to d4lBl. 'rid the tx • p t Can-
dlemas last, and found ...at he w.s e tit.t,terahly in
Ads, lace. ilotwi:hstanding some sale part of the
pl tintiff's prnpert,, 411.• therefor he deter d to
)41 the turisiture. The house belonged to Wilson as
trustee, and therefore he was entitled to enter. The
furinture likewise belonged to him, and therefore he
had a right to take o away and sell. l'here was,
theref .r,r, no trespass, and he would prove tat the
parties had no pistol., or that the pistt•ls had not been
presen:ed at the plaintiff, and that therefore there was
fr •ssanlr.

Rico rds rii, the farmer. was then called, and stairsd
th at hr Lad, by Wilson's orders. gone with c Arts to
the plaintiff's house. W: en he came up alon.r with
the Wilsons, they a.tw• Jackson with a handk.•rchief
about his head, and wet ail over. They made no
demand to be admitted, but burst open the.d.ror.—
The party had pistols with them, but he saw none
presented.
Thomas Sym, the plaintiff's son and co-trustee with
Wiiso,i, having received au indemnity from Wilson,
agaio►t the costs of die action, stared that Wllsod
had paid the rent and taxes up to C4ndlerli is last.—
In his cross-examination he said he did nit know
that Wilson had paid any of the creditors, au 6 that
the produce of the sales of crop on the ground, and
of cattle, amounted to more than the sum of the
rent and taxes, and expenses of the sales. He un-
derstood that his father was left in possession of the
house till Candlemas last.

Mr. SCARLETT argued that the evidence produced
by the defendants had only made his case the stronger.
Even though Wilson had a right to tie turniture, he
had no tight to take the law in his own lia•ols. and
seize it by violence. But in point of tact he had no
right. to enter the h .uses nor to seize the furniture.—
Tne plaintiff had resisted on the pround that en •ugh
had been sold to answer the purposes of the trust, and
it appeared that this was the tact. He trusted the
Jury would give heavy, damages, that the disgrace
' of such an outrage might not rest on the county.
Chief Baron RICHARDS, after summing up the evi-
dence, observed to the Jury, that. it did not Appear
very material to inquire, brimr the house passed
under the assignment, because it was clear that the
plair.tiff had been permitted to occupy it. and there-
tore it was his; arid Wilson had no more right than
any other person to break into it in this violent man.
ni:r—neither had he a right to seize the furiiiiure by
force; for if persons were permitted to take the law
into their own hands, there would be an end of all
order and of civilized society. It was distinctly sworn
on the part of the plaintiff, that pistols had been pre-
sented ; and if they believed that evidence then an
assaukt was proved. They would theretore, on the
whe,le of the evidelice, decide what was a pupa
compensation ; for it appeared clear that the r v.rdict
must be for the plAintiff.—Verdict fur the plaintiff.-
Damages&loth

Atter an Assizes at Donegal!, of unusual length
and labeur, on Tuesday se'imiglit sentence of death
WAS passed upon nu less than eight cenvicts !
Thursday, the two convicts left for execution at the
l ite Kent Assizes, viz. Oilliant .Morgan, for a bur glary
rind cruelly beating Jane Swish, at EriOt, and Geocce
Sl:ggia: Los an unnatural crime, at Ceetham, suffered
the awful sentence of the lee at Penentivir
Since his conviction negan has made it lull conies•
sion cf his guilt; and teas also confessed to have com-
mitted a great number of other robbeiies in Kent. and
in Essex, and Centhedgesi ire.
At the -late Assizes her tie County of Somerset,
held at Biidgewater, sentence of death was passed
on 25 prisoners,' all ill ss horn were, however, e pre".
ed. except John .trikiey, for !aging a Waterloo ticket,
pith intent to &truth! Julio Semerton ; four were
sentenced to seven years transportation, and 27 to
various periods of imprisonment.
On the Ist inbuilt, the Sitting Magistrate at Aber•
deenome a complaint in behalf of the Ferrer and Kin-
cerdineshire Militia, sentenced ellex ender Crane,WeAver.
in terms of the Act 42:1 Geo. 111. cap. 91, to six
monthe confinement in Bridewell, for enlisting into
the 92d Regimeet of hoot, he having, a slue t time
previous. obtained a bounty of ,C 9 12s. for serving
as a substitute in tl:e furesaid Militia, and been regtei
lady attested and enrolled. By the above Act, the
said Alexander Crane's term of service in the Fertile
rind Kincardineshire Mimes, recommences from the
slate of his commitment to Bridewell; and at the end
of his engagement in the Militia, he will belong to
the said 92d. Regiment, and Lave to serve therein for
the period lie enlisted into the same.
A circumstance has recently recurred near Calais,
which has excited great cereternation among the
English visitors in Prance. An English Gentleman
has.been arrested for a debt of £6OO, contracted in
England, and as the circumstances are iiiterestilw to
enthuse creditors who helm !uglily, debtors iii Fr ince,
we give the following account of the process in the
present case " The arrest was tounded upon a judg-
ement for the above sum. of some standing, in the
Court of King's Bench. An exemplification of that
judgment, certificid by the proper Officer of the Court,
attested before the Lord Mayer, and certified by hie,
and •by the French Consu! resident in Lindon,
was transmitted to elle Supreme Court at Paris. An
szernplificatiem of this process was then sent by the
Supreme Court of Parts to she Court below, with di.
rections to send a copy sit the proceedings to the party,
and summon him to attend before it. This process
was accordingly served upon die party, but he took
'no notice of it, and judgment by default went againse
him in consequence, in the Court below, at Betnegee„
Having received private information of this last step,
be was advised to avoid bring taken on mom n, to
enter what is called, in Fiencti practice, an opposition
to the judgment, which. it not done within twenty.
lour hours, the execution must take its course. He
was fortunately in time to avail himself of this ad.
vice, and the case is expected to crime on ter trial in
a few days. The Freech• lawyers conceive that the
process it not tenable, and it may be readily pre•
sumed that all the persons who have run away to the
Continent to avcid the payment of their just debts,
are of the, same opinion."
CORIS•EXCHANOIS, AUGUST 27.—The heavy rains
We have had since Monde), brought several country-
buyers to market this morning, aad some l•rge sales
were made at an advance or 2s. per quarter on Mon•
day's prices. Barley, Beans, and Oats, were brisker
sale, and rather dearer. lit ./C:er articles there is no
alteration.