The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-12-03 00:00:00

dobto I and in tio Str Henry Mainwaring lead
made away with his property ; and on these grounds, he sub-
mitted that he. %vas not in a tit position to be entitled to the
benefit of the act, until further evidence had been given on
the points be had raised.

Mr. `'ENABLES fOl7ihe insolvent, submitted that as Sir
H. Mainwaring had propounded his schedule, and was un-
opposed except by one creditor, the registered officer of the
Northern and Central Bank, who had not however put him-
self into the box to tell the nature of his debt, or what had
become of the policy of the insurance, he was entitled to his
discharge. No imputation was cast on Sir Henry Mainwar-
ing's honour, nor was any fraud alleged ; but he had by a
course of extravagance not defensible got into difficulties;
and he did not see any legal ground why he should be de-
tained in prison four months longer.
The COMMISSIONER asked if Mr. Mainwaring was in
town?

Mr. VENABLES said he was at the Albion Hotel.
The COMMISSIONER said he must be called.
Harry Mainwaring, Esq., examined by Mr. VENABLES.—
I reside at Peover Hall; I married Miss Tatton early in
1832 ; two deeds were executed to me by Sir Henry in 1838,
prepared by Mr. White ; I had no correspondence with Sir
Henry on the subject of those deeds previous to the execu-
tion ; I have satisfied 'the provisions of the first deed ; I
have paid the debts in the schedule of the second deed, ex-
cept Antrobus, Taylor, Barra, and Beswick, which I shall
pay ; I have changed the mortgages at a lower rate of inter-
est ; I borrowed £43,000, and paid off the old mortgage,
making a new one in my own name ; I owe the bond debts
of the deed of 1836 ; there has been no surplui applicable
to the simple contract debts ; I have not received my own
allowance due last Christmas : I have not sixpence of sur-
plus in my hands; the heir looms were sold I believe under
an execution ; I claimed them from the auctioneer, and the
money was paid to me ; there was no collusion between Sir
Henry and myself; with the money arising out of the heir
looms, I paid an execution of £9OO then in the house; I paid
the remainder to Mr. Firth, to whom we were jointly liable;
in 1838, when the furniture was assigned, my annuity was in
arrear.

Examined by Mr. JAMES.—I paid the £9OO in satisfaction
for an execution put in the house at the suit of Banks, in
the beginning of 1838 ; I have the estates.
Mr. JAMES asked the witness if it would not be better for
him to give up the estate, rather than keep his father in
gaol ?

- The COMMISSIONER said the question was not a proper
one to put.
Mr. Mainwaring's examination continued.—l have paid
£43,000 to several mortgages, viz. to Colonel Brook, Mr.
Lloyd, Mr. Field, and Mr. Norbury ; the rental of the
estate is about .£lOOO ; there is £56,000 mortgage debt ; I
pay £3 15s. per cent. on £43,000, and four and a half and
five per cent. on the remainder; last year Sir Henry executed
a deed of appointment in favour of my brothers and sisters,
charging the property with £15,000, and I have paid the in-
terest on it to my brothers and sisters ; I have paid nothing
to my father; I did not correspond with my fither on busi-
ness before he signed the deed ; I have not had any commu-
nication
-with Mr. Saxon.

Mr. JAMES then-addressed the Court on this evidence,
and said Mr. Mainwaring had proved that certain parties had
been paid whom he thought ought to have been put into the
schedule, but he contended there was a variance between the
father and the son as to there being no correspondence before
the signing of the deeds, from which he inferred collusion.
The COMMISSIONER said that the evidence of the son
completely confirmed that of the father.
Mr. JAMES said that his view was confirmed by the so-
licitor who instructed him ; and on that view he contended
with much asperity and vehemence there was collusion, and
that there had been correspondence touching this very busi-
ness ; and he called upon the Court to do its duty in this case
as in any other, when parties in a lower station in life came
before it.

Mr. VENABLES, for the insolvent, said there was no pre-
tence for pressing for a remand : there was perfect con-
sistency in the evidence given by Sir Henry Mainwaring and
his son, and there was no pretence to say there was any col-
lusion between them. The learned counsel then recapitulated
the deeds proved in evidence, in order to show that a conside-
ration had been given in each case, and that the intent of
each was to provide for the honourable liquidation of debts ;
and he then contended that the deed of appointment was a
fair one to make; and in making a provision for his younger
children Sir Henry had only done his duty. He admitted
the improvidence of Sir Henry, and drew the attention of the
Court to the fact that he was not a man of business, and cer-
tainly had signed the deeds on representations which he ex-
pected to have been fulfilled. So far, however, Mr. Main-
waring had not been an improvident steward of the estate ;
but it appeared that as yet there had been no surplus, either
for himself or the creditors. He asked on what clause Sir
Henry was amenable to the penal consequences of that act?
He had not done any act which justified him in being so
treated. With respect to what were, and what were not heir
looms, he would not enter into that question ; but it appeared
that what they realised had gone in liquidation of certain
judgment debts. After some further observations, the learned
counsel contended that no debt had been fradulently con-
tracted, and no property made away with or concealed, con-
sequently there was no valid ground for applying for a re-
mand. And in taking that view he pressed upon the Court
the fact that out of the large number of creditors on the
schedule, the only one who opposed was the manager of the
Northern and Central Bank.
The COMMISSIONER in adjudicating on the case, said he
had been told that this case ought to be decided as all other
cases were. He believed that to be the practice of the court.
He had had persons of superior rank before him, and had
decided on their cases ; and he believed had decided satisfac-
tory, though he had not had the benefit of the lecture he had
received that day. The question was what had been done
which brought the insolvent under the act of Parliament ?
The learned council who opposed, said that the insolvent was
certainly answerable for what had been done, and the acts of
his attorney, but he had cited a case not at all analogous. It
must be proved that the insolvent had acted with frand ; and
there was not any evidence of fraud, and certainly it was
unusual to infer fraud : so far from there being fraud the
deeds were executed with a meritorious view, because the in-
solvent thought he was assisting the distribution of his
property, and with an honest intention, to pay his debts. He
was glad that Mr. Mainwaring had been called, as he had
completely cleared up the question of the heirlooms, on which
he had felt some difficulty, as unless that point had been
cleared up, he should only have discharged the insolvent
conditionally. It now appeared that the proceeds had been
voluntarily paid away in discharge of two executions. The
same observations applied to the conveyance of the furniture,
which was to satisfy certain covenants which had not been
performed, and the insolvent had made that conveyance for
a good consideration. The insolvent did not come within
the penal causes of the act—there was no evidence of fraud,
or inference of fraudulent intention, and on being sworn to
his schedule he (the Commissioner) should be able to adjudi-
cate accordingly.

Sir Henry Wainwaring then swore to the schedule.
The COMNIISSIONER then said,—The court decides that
you are entitled to the benefit of the act, and orders you to
be discharged forthwith.
The detaining creditor was appointed assignee ; but the
costs of opposition were not allowed, though the commis-
sioner said it was a very proper case for opposition.
Sir Henry Mainwaring was attended in Court by Mr.
Roscoe, of Kuutsford, his solicitor.

AN EXCELLENT QUARTETT.—A good temper, a good
library, a good wife, and a good friend, are four of the
choicest blessings of human life.
THE LENGTH OF A LAWYER'S BEARD.—On the 22nd of
June, 3 and 4 Philip and Mary, A.D. 1557, it was ordered
that none of the companies of the Inner and Middle Temple.
under the degree of a knight being in commons, should wear
their beards above three week's growing, upon pain of 405.,
and so double for every week of monition.—Addison's His-
tory of the Knights Templars.

A friend of mine, who is an M.P., was travelling the other
day, in company with two foreigners. They were conversing
about Dr. Bowring. The doctor had sojourned at the house
of one of the gentlemen, who was mayor of his district or
town. " What opinion do your countrymen form of Dr.
Bowring ?" inquired my friend. The foreigners looked at
each other, shrugged their shoulders, and seemed unwilling
to reply. Being pressed, one of them answered, " De doctor
make out his own case; he reject all vitness vich no suit dat
case ; he be de big quack !—Oastler's Fleet Papers.
A BEGGAR CAUGHT.—A gentleman observing a lady
giving a beggar sixpence in the street, loitered about for a
few moments, then approached the mendicant, who, in the
most piteous manner, stated that be was literally starving,
for he had not tasted food that day, concluding with, " Pray,
your honour, give me a penny to buy a bit of bread." The
gentleman putting his hand in his pocket, said, " I am by no
means a rich man, and cannot afford to give you more than
sixpence, so if you will give me change, here's a shilling."
The fellow, being taken unawares, dived into his pocket, and
fumbled about for some time to fish out sixpence from among
a lot of various coins which he had, and at length held one
betwixt his finger and thumb, when the gentleman lectured
him very properly for imposing on the public, and, on calling
for a police-officer, the limping imposter ran off at a railroad
pace.

RICHARD .S old Grenwich nsioner, who
has been lately bequeathed —Thi
£120,000 ehas been a resident of
the Lunatic Asylum, Bethnal-green, whither he was removed
last year from Greenwich Hospital. Although it was re-
ported that he was entitled to a large sum, it was not believed
until Mr. Phillips, the governor of the asylum, received
a letter announcing the death of Weeks's aunt, and her be-
quest to him of £120,000. This joyous intelligence had
no effect upon the maniac, as he was in his own imagination
a prince of immense wealth, and possessed of upwards of 15
palaces at Greenwich. Mr. Phillips is the chief object of
Weeks's imaginative bounty, as he is always conferring ho-
nours, titles, wealth, and bags of diamonds upon him. Very
little Is known of Weeks's origin. He had been a midship-
man, but from some impropriety of conduct, it is supposed,
was placed before the mast. He is now about (0 years of
age. His wife resides at Greenwich, supporting herself by
needlework ; in manners, she is much superior to her pre-
sent, or rather late, station in society. A commission de
lunatic° inquirendo has been issued against Weeks, for the
purpose of properly disposing of his enormous wealth. He
will, it is supposed, voluntarily reside with Mr. Phillips, to
whom he is greatly attached.
FALLING OF A HOUSE AT SIIEFFIELD.—The dram-shop
of the Old Three Tons public-house, occupied by Mr. Proc-
tor, has been recently taken down, to be rebuilt on a more
modern scale ; and the workmen were engaged, in the early
part of the week, in excavating the site of the building for a
cellar. They had dug from two to three yards without
taking the precaution of propping up the old fabric. About
half-past eight o'clock on Tuesday evening, part of the house
fell into the excavation with a tremendous crash, endanger-
ing the lives of about twenty persons, some of whom were
drinking in the house, and made their escape through a
window. The landlady, who was drawing ale in the bar,
went down with the floor, and was overwhelmed with rub-
bish, receiving very severe bruises. An infant had just been
taken from the cradle, which was crushed to pieces. An
elder girl stood upon the stairs with the child, and it was
and
n fallcuto of t
he anothergirl portion of thes head. Two or
buitakenlding
from
severelyher ,
three children, who were in bed, were rescued by means of
ladders. The damage done to the house is to the extent of
bwriu'einsedth
about £l4o.—Sheffield Independent.

FRIGHTFUL STRUGGLE AND CAPTURE OF A ROBBER.
A letter from Carcassone has some curious particulars rela-
tive to depredations committed by a robber of the name of
Pierre Forquc, among the mountain fastnesses of the Pyre-
nees, and concludes by giving the following account of his
capture. Two young men belonging to the commune, named
Amiques, one a tailor, the other having served for a few
years in the army, were returning from Carcassone, when
they perceived Fourque, who appeared by his manoeuvres
determined to stop their progress. One of them, knowing
that the bandit had a design upon his life, always went about
armed with pistols. One of these he gave to his brother,
who walked up calmly with the intention of soothing Fourque.
The latter immediately knocked him down with the but-end
of his gun ; but, even when lying on the ground, he was sin.
able to arrest the bandit's arm while taking aim at his brother.
A terrible struggle corps a corps ensued between them, dur-
ing which the brother thus engaged discharged his pistol, but
without effect. The other brother also tired his pistol un-
successfully, being intimidated in his aim by dread lest he
should take the life of his own brother. He then managed
to wrest the gun out of Fourque's grasp, tired it, and wounded
him in the shoulder. The wound produced not the slightest
effect upon the robber, who was fast choking his prostrate
adversary, when the other (the tailor) seizing the gun by its
barrel, broke in his skull with a blow of the but-end, and the
robber died instantly. The two brothers immediately sur-
rendered themselves into the hands of the authorities : and
the news of the event produced a great sensation throughout
the entire surrounding country.