Star.
London, England, 1821-10-03 00:00:00

HOWARD AND GIBBS'S BANICRUPTCY.

Yesterday, at one o'clock, Mr. MONTAGUE ad-
dressed the Commissioners in support of Mr. Car-
rol's claim of £15,207 9s. against which a petition
had been presented in the Court of Chancery, on the
alleged ground of usury in the dealings out of which
the claim had a; isen.

Mr. TRESLOVE interrupted Mr. Montague's state-
ment, and said that the regular course would be, in
the first instance, to hear Mr. Carroll in support of
his present claim.
That course was adopted, and Mr. Carroll being
sworn, said in his examination, that the debt he now
claimed consisted of three bills of exchange; the Ist
dated October '26, 1820, for £3,750, drawn by him,
and accepted by Howard and Gibbs. On the 15th
of September, Mr. Gibbs applied to him for a loan
of £3,750, for some pressing occasion which he had.
After much entreaty and some refusal, witness ulti-
mately lent him the money, he (Gibbs) stating at the
time it was but for a few days. Ile gave him a
check on his bankers, Curtis and Co. for the amount.
After a few days (about twenty-one days) had elapsed,
he pressed'Mr. Gibbs for the repayment of the loan,
and the latter begged of him to draw at seven days'
date, and said that the bill should be punctually
paid. There was no money account in any way con-
nected with that bill at present pending between him
and Howard and Gibbs. There were two other bills
to make up the whole amount of the debt.
Mr .TuEstove then pressed Mr. Carroll to state
whether there was not at that time an account of
money dealings subsisting between Mr. Carroll and
the bankrupts, called " a loan account?"
Mr. Motiracus: was about to object, but Mr.
Carroll replied, that there was such an account,
but he came there to give information in proof upon
three bills of exchange, and not to answer upon other
matters unconnected therewith.

Mr. TRESLOVE..-r-" Were there not two accounts
between you and the bankrupts; one a loan, and the
other a discount account?"

Mr. MONTAGUE objected to this question, and said
it was quite clear, that in this great commercial city
a creditor coming to prove a debt was not bound to
answer interrogatories respecting other transactions
not connected with the particular subject at issue.—
Admitting, merely for the sake of argument, and for
that sake alone, that other transactions were polluted,
as the law stood in money dealings (how long it
would stand so was another question), how could
that circumstance govern accounts quite of a distinct
character?

Mr. TRESLOVE denied that he was travelling into
a distinct transaction. He wanted merely to shew
that there were two subsisting accounts between the
parties; not a past one, and another unconnected
with the account on which the claim had arisen.

Mr. POLLOCK, on the same side, contended that
outstanding accounts were open to examination,
whatever might be the case respecting accounts past
and settled. It was of the essence of justice that all
the accounts now unsettled between the parties should
be open to examination.
Mr. MONTAGUK contended that unless the accounts
were in some degree blended together in the dealings
between the parties, it was quite impossible to open
them here, to throw a light upon distinct transac-
tions. Such a course would be quite irregular.
The Commissioners overruled the objection, and
thought that the question, as put by Mr. TRESLOVE,
ought to be answered.
Mr. Carroll, on the question being repeated, said
that certainly there had been an old account, and
another designated the " temporary loan account."
The old account he did not go into; but neither of
the accounts were settled, the first bill remaining un-
paid: had that been paid, the temporary loan account
would have been settled. On the 15th of September,
1820, the loan account began by the advance of
£3,750 in cash to Mr. Gibbs, on his promise of repay-
ment in a few days. The other bills were one above
£5,000, and another for £3,920. The three consti-
tuted what he termed the " temporary loan account."
There was no other loan account, and discount ac-
count besides what he termed the " temporary loan
account." It was true, there was an old account sub-
sisting, which had nothing to do with the present.
Mr. TaitsLova.---" When was that account last
balanced'/'

Mr. MONTAGUE objected to that question, on the
ground that it had no reference to the present claim.
The Commissioners overruled the objection, and
the question was again put.
Mr. Carroll replied, that he wished to he under-
stood as coming there expressly to prove upon three
distinct bills of exchange, the full value for which he
had given, free from any usurious transaction, and
totally unconnected with any other matter whatever.
He therefore respectfully submitted that he was fully
entitled to prove these bills, without going into any
other transaction he might have had with the parties.
When he submitted any other claim, he should then
be fully prepared to answer any questions which
might be put to him.
Mr. MONTAGUE again addressed the Commissioners
in support of his original objection, against Mr.
Treslove's examination of distinct accounts from that
upon which the creditor now attended to prove.
The Commissioners said that Mr. Carroll must an-
swer proper questions, or else the inevitable conse-
quence would be, he could not prove his debt.
Mr. Carroll.—" I did not come here prepared to
answer such questions, -nor can I now, without the
advice of Counsel. I have been advised. I can tender
my proof upon these bills distinct from any other
transaction; and I thought on a former day you had
so ruled in matters of bills of exchange. I have been
already here for five days to prove this debt."
Mr. Carroll was here advised by Mr. MotirAcuE
to answer the question, which was again put to him,
and he replied, he really had no means at present of
recollecting the time when that old account was ba-
lanced; probably he might ascertain by reference to
his books and papers; but he repeated, that such ac-
counts were not mixed up with the present transac-
tion. He did not come there, he must repeat, pre-
pared to answer about bills quite unconnected with
these which he now tendered, and was ready to prove.

The Commissioners said, that as Mr. Carroll was
not prepared to answer without a reference to his
accounts, or advising with his Counsel, his claim
must stand over until Vie next meeting, on Saturday.
An adjournment until that time then took place.

SPORTING INTELLIGEPICE:

NEWMARKET FIRST OCTOBER MEETING, 1821.

The Newtnarket St. Leger Stakes of 25gs. each, Ibr Syr 0:a
colts, list. 71b. fillies, Sst. 41b. D.I.
Lord Exeter's bay filly Augusta
Lord G. 11. Cavendish's bay colt, by Partisan - -
Duke of Grafton's bay colt Regin.dd - - - - 3
liouverie's bay colt Tressilian
Mr. lunes's Fleur-de-Lis 5

Mr. Bouverie's brown colt; by Blucher- - - • - d
Lord Grosvenor's Capulet
Duke of Portland's chesnut colt, by Election - - - yJ
Mr. Rush's brother to Ringleader
llis Royal Ilighness the Duke of York's bay colt, by Blucher d
I lis !loyal Highness the Duke of York's colt, by Walton ;
Duke of GrAton's chesnut colt - - ;
Lord Exeter's bay colt iblokanna - - - - - pd
Lord Grosvenor's Adolphus
Mr. hunter's Ra:selasl'd
2 to I a7st Augusta-3 to 1 agst Lord Cavendish's
7 to 1 agst

Mr. Ctiney's Ahjer, Rst. beat his Royal Highness the Duke
York': Banker, e.t. 1 te.b. al. 300 gs. h. Ct.--6 to 4 agst r.

'l'll6 BITER. BIT.

At Lancaster Assizes an informer brought an action against
a prrson named Pilling, to recover the penalty of st:YOu for
running a horse for a less stake than £5O, as awarded by tl:e
Statute 10 Geo. Ii I. The fact of running for such a stake W::4
proved, but as the witness could not swear whether the h',: •e
that ran was a Ibm se or gebiisig the informer was nonsuitedt !o
the great amusement of the Court.
PEDESTRIANISM.
_ _

_ .....
Wednesday, Weimer, the Bristol Pedestrian, walked on t
part of the Birmingham road leading out of Litchfield, 50 mil •s
in nine hours and twenty minutes, taking two hours and forty
minutes rest. lie is on his way to the North, where he is
matched fur ISO guineas a side to walk from York to Hull, ac.l
back again, three successive days—the distance is 80 miles a d_y.
Last week a young man was backed for twenty guineas to co
sixteen miles in two hours, on a two-mile piece marked out en
the Bristol road, near Gloucester, which he accomplished two
minutes and a half within the given time. In consequence of a
fall of thick small rain the road became so greasy for the lass
' half hour, that he ran in his stockings without shoes.

The frequenters of the Royal Exchange are soon
likely to be gratified with hearing their favourite
tunes on the chimes, a new set having this morning
been hung in the new dome.
In the garden of Mr. HOARE, miller, at Great Mis-
senden, there is now a damson tree in full bloom—a
circumstance of rare occurrence.

There is now standing in a garden belonging to
Mrs. DgNNETT, High-street, Portsmouth, a Burman
tree, which is now in full bloom, being the second
time this season.

Last week, a Ling fox, weighing upwards of twenty-
five pounds, was taken with one of his hind legs
broken, in the neighbourhood of Knockmaroon, by
JOHN ARNIM, Esq. who presented it to the Royal
Dublin Society.
INQuests.—Monday evening an Inquest was held
at St. Thomas's Hospital, on the body of J. Harris,
who died in consequence of the injuries he received
by being run over by a stage-coach. It appeared that
two stages were rapidly driving against each other in
Gracechurch-street, in the evening of last Saturday
three weeks, one of which ran over the deceased while
crossing the street, and broke both the bones of his
left leg, and caused a contused wound in the ancle
of the other leg, which latter terminated in a mortifi.-
cation, and caused his death on Saturday last. Ver-
dict—Mateaughter against T. Dovel, the driver, and
a deodand of 1-50 on the coach.

An Inquisition was on Saturday held at the War-
wick Arms, in Snowhill, Birmingham, on the body
of Thomas Sttinger a small master bricklayer, who
was unfortunately killed on the premises of Messrs.
Tyrrell and Badams, at Ashted, on Friday last, by
the fall of some masonry. The Jury, after hearing
the evidence, immediately returned a verdict of
Death.

DESTRUCTIVS FlRES.—Sunday evening, about five
o'clock, a very alarming fire broke out in the house
of Mr. Barfon, oil and colourman, corner of Bow-
lane, High-street, Poplar. It originated in the shop,
from what cause appears mysterious, as there was no
person in the house at the time, the family being
gone to Margate. The flames burst forth with the
utmost rapidity, and soon spread throughout the en-
tire premises, which, from the combustible nature of
the stock in trade, were, together with the latter, to-
tally consumed. The fire next extended its ravages
to the house of Mr. Hodges, haberdasher, adjoining,
which was also, with the stock in trade, reduced to
ashes. The roof was burnt nearly off the house of
Mr. Right, a porkman ; and it was dreaded that in-
calculable damage would ensue, there being a re-
markable scarcity of water, which circumstance of
course threw the whole neighbourhood into the ut-
most confusion. As most commonly happens on such
occasions, there was a strong muster of thieves, who,
during the confusion, committed numerous depreda-
tions, and would in all probability have robbed the
then half-distracted inhabitants of the greater part of
1 their substance, had not it been for the laudable ex-
ertions of Weele, the Police-officer, who, assisted by
a party of the military stationed there, blockaded all
the avenues leading to the scene of confusion. The
fire was not got under until a late hcur.
Monday afternoon, about four o'clock, a fire broke
out in a newly-built house in the new Market-place,
near Finsbury-square ; and but for the timely arrival
of the engines, it is conjectured, from the high state of
the wind, the whole row would have been destroyed.
The fire was occasioned by heating some pitch in the
interior of the house, which was speedily communi-
cated to the shavings, and thus rapilly rendered it a
prey to the united elements. The house was not insured.
Saturday last, after the servants had laid the cloth,
and had prepared everything for dinner, at Mr.Gzu.'3,
the Coroner, some villain contrived to enter the house
unperceived, and decamped with a valuable service
of plate, with which he escaped. Every inquiry was
made after the thief, but to no purpose.
Thursday, as Mr. T. SMITH, of Westgate brewery,
Bath, was tapping a puncheon of rum in the cellar
of the New Inn, Rivers. street, part of the spirit escaped,
and communicating to a lighted candle, he was in an
instant enveloped in flames! With the utmost forti-
tude and presence of mind, however, he persevered
in tapping the cask, and thus prevented the house
being blown up, and the fatal consequences that must
have ensued. Mr. SMITH afterwards easily disen-
gaged himself from his ignited clothes, and though
he was very much burnt, he escaped dangerous injury.
CORN EXCIIANOX, MARK-taus, OCTOBIR t.—We have had but
few fresh arrivals of aay graih since Monday; but a large quart.
tiny of Wheat remained over from that day s supply, for which
the demand was bet trifling this morning; yet fine samples of
new and old supported that darsprices, but the inferior qua.
lities were unsaleable. Oats fully maintain the prices of Mon.
I day. In Barley, Peas, and Beans, there is no alteration.

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