The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-02-05 00:00:00

this country

Lord Denman, stopping Sir W. Follett, said, that there
was no suggestion of any improper motive in this case, and
that under the circumstances the application was quite rea-
sonable, and consequently the rule must be made absolute.
* We understand this case will certainly be tried at the assizes,
notwithstanding the obstacles hitherto thrown in the way of a de-
cision on the merits.

COURT OF REVIEW.-WESTMINSTER, FEB. 1.
EX PARTE HUGH MACKAY, FOR THE LIVERPOOL ALBION

BANK, IN RE WILLIAM WRIGHT, A BANKRUPT

This was an application for an order to refer to the com-
missioner the taking of an account between the petitioner
and the bankrupt, as to how much should be found due to
the Liverpool Albion Bank, with directions for the sale of
securities, and proof for the difference. The bankrupt, in
1840, was indebted to the bank for considerable sums, and
on asking further advances, handed over certain securities on
Irish property, deposited with him by Messrs. Macheath and
Mackay, for advances and liabilities, amounting to £15,000.
The petitioner asked for a sale of the mortgaged debt, with
proof for the difference. The respondents urged that the
case ought to have been taken in the first instance before the
commissioner, but were prepared, notwithstanding, to meet
the case upon the merits, by alleging, in objection, the proxi-
mity of the deposit of the security to the act of bankruptcy,
a distance of only six days, which suggested a probability of
fraudulent preference ; as also that the property was within
the clause relating to order and disposition, that the debt was
not ascertained, and that the party was not entitled to ask

for liberty to prove

Messrs. Swanston and Rolt supported the petition; Messrs.
Bethell and Anderdon appeared for the assignees as respon-
dents.

ROSS said, the objection relative to a previous ap-
-•• - -

Dner, was unavailable when the re

spondents came well prepared to meet the case on the merits.
As regarded the objection relative to order and disposition,
that principle was clearly inapplicable ; and as to the ques-
tion relative to the date of the act of bankruptcy, and the
suggestion of fraudulent preference, there was no evidence
to throw a shadow of doubt upon the case. The security,
_ _

r to the

quent sale of the security. Perhaps the order had better be
for taking an account of the debts between .the two bankrupt
firms, that due from Macbeath and Co. to the bankrupt, and
from the latter to the Liverpool Banking Company, with
liberty to enter a claim for the amount due. If the debt due
from Messrs. Macbeath and Co. could be discovered, the sale
of the security might be effected forthwith ; if otherwise, the
commissioner would be at liberty to state special circum-
stances, and either party might apply thereon.

COURT OF CHANCERY
RAWSON V. SAMUEL.

The Lord Chancellor delivered judgrWent in this case, and
said, that the mercantile arrangement between the parties was
to the following effect :—Samuel was to send out goods to
Canton, Singapore, and other places, which the plaintiff was
to sell, and remit the proceeds to provide for bills to be drawn
against them. The plaintiff having become largely in ad-
vance, in consequence of the amount of the bills drawn by
Samuel, refused to accept any more, whereupon Samuel
brought an action for breach of contract in not accepting.
The Vice-chancellor granted an injunction to restrain execu-
tion in the action until an account should be taken between
the parties, in order that the damages, if any were recovered,
might be set off against the balance, which Mr. Rawson al-
leged would be found due to him upon the account. His
lordship said, he could not assume the statement of the plain-
tiff in his own favour, and if the defendant should be right,
it would be unjust to restrain him from receiving the damages
he might obtain in the action, until the account were taken.
This was not a case in which the doctrine of equitable set-off
applied ; the account would not be taken in respect of mutual
transactions, but the action was for a distinct matter, a breach
of contract. A mere cross demand did not necessarily raise a
" set-off; but here there was not even cross

case of equita

demands, for the court could not assume that the balance, of
account would be in the plaintiff's favour, and damages would
not give Samuel compensation for the delay, if he should ulti-
mately be found right. In the authorities cited, the bill im-
peached the legal demand. The Lord Chancellor said, upon
the whole, he was of opinion there was no ground for the in-
junction, and therefore the order of the Vice-chancellor must
be discharged, and the present motion to continue the injunc-

tion dismissed ,
His Lordshiy

p rose about half-past two o'clock

CENTRAL CRIMINAL COURT—WEDNESDAY.
Before Mr. Justice Williams and Mr. Justice Coltman.)
ALLEGED FRAUD ON INSURANCE CONPANIES—CASE

OF THE DRYAD.—Michael Shaw Stewart Wallace, and Pat-
rick Maxwell Stewart Wallace, the individuals charged with
defrauding insurance companies under the circumstances that
• laid before the public, were placed at the

bar this n
The Attorn
trial.
Mr. Phillips said it must be understood that he only con-
sented to a postponement till the next session.
The Attorney-General said that was all he required, and
the prisoners were then removed.

General moved the court to postpone the

STATE OF TRADE

Betwixt this and the next return the Leagueites were
indefatigable in their exertions, and, succeeded, somewhat
unexpectedly, in reducing the majority of their opponent.

HALF-PAST 1

Gladstone
Smith 302
The polling for the next two hours was slow but steady

HALF-PAST 2

Gladstone
Smith....

arrival at Frauenburgh of the counsellor of police, Dunker,
who was sent from Berlin to inquire into the facts of the
case. This officer succeeded on the 10th, after having had
the prisoner under examination for six hours, in drawing from
him a confession of his guilt. The following is, in substance,
what he stated :—For four weeks he had resolved in his mind
to rob the bishop, and also to kill him. if that should be ne-
cessary to secure his own safety. He could not, however,
bring himself to any positive determination as to the day on
which he should commit the crime. On the morning of the
3rd, he thought he would carry his purpose into effect that
evening. When the evening came, he put a hatchet under his
coat and proceeded to the parish church to look for the
bishop's servants. He saw the domestics,, so often alluded
to, enter, but he hesitated ; he was not certain, he said, that
the day was a lucky one for him. He. said to himself—
" Take care. "If I meet a woman, I will not go to the
bishop's this evening, for women are unlucky; but if I meet
a man, I will go." While going'out of the church door he
encountered a woman ; but be thought " this is no meeting,
for lam riot yet out of the church." In the street, he met
three men, one after the other, which he considered a good
augury, and he immediately directed his steps to the hill on
which the episcopal palace is built. Still as he went along
he felt his mind uneasy, on account of having met a woman
at the church door. He therefore resolved to rely on a new
augury. "If before the clock strikes six I shall see the
moon thrice covered with clouds,'l shall go to the bishop's,
if not, I shall defer the business to another day." He then
walked about a short while in the expectation of this sign,
and saw clouds pass four times over the face of the moon.
He was now satisfied that every thing favoured his project.
He put on a mask, which he had brought in his pocket, and
proceeded without delay to the fatal spot. On arriving at the
bishop's lie knocked, and the old housekeeper answered the
door. Seeing a man masked, she was agitated, and he
knocked her down with the back of the hatchet. She was
however able to. get up, and he asked her for money. She
assured him she bad none, and then he insisted that she
should go and get some from her master. She promised to
do so, and he assisted her up stairs to the bishop's bed-room.
He stopped at the door, and heard the bishop bid her bring
the man in to him, and he would give him something. On
his entrance the bishop, being greatly alarmed, drew out his
purse and gave it to him. Kuhnapfel said that was not
enough. " Well, you shall have more," said the bishop,
and opened a commode, out of which he gave him a gold
snuff-box and a gold watch. The wretch still demanded
more, and in the mean time the housekeeper slipped out of
the apartment. Kuhnapfel ran after her, and dealt a blow
at her, which was at this time given with the edge of the
hatchet, and she fell on the floor. All this occurred so rapidly
that the bishop,who was in the further corner of his bed-
chamber, opening the drawers of the commode, had no idea
of what bad happened. The prelate gave him a purseful of
Prussian dollars, and then another purse with gold. He
afterwards handed him certificates of state debt to the
amount of 40,000 dollars, remarking that he had nothing
more to give. Kuhnapfel then ordered the bishop to light
him down stairs, is he did not know his way. The bishop
tried to light a wax taper, hut he was so terrified and trem-
bled so much that he could not. " Give it to me," said
Kuhnapfel, and, taking the taper, he lighted it, and gave it
to the bishop to carry. In this way the murderer was shown
down into the hall, where the housekeeper lay. They heard
her groans, and saw her lift her head covered with blood.
Again the murderer raised his hatchet, and gave her some
blows, in doing which, his mask having got deranged, he
pulled it off and threw it on the floor. The bishop fell on
his knees, exclaiming, " Oh, my Godi" Instigated by an
irresistible desire to shed blood (such were his words), Kuhn-
apfel lifted his hatchet and fractured the skull of the prelate,
who fell prostrate at his feet. -He continued to strike his
victim, and he could not tell how often he had struck him.
He then left the house, determined to kill Whoever he might
meet, either within its walls or in the court. After this con-
fession he acknowledged that he had been guilty of many
other crimes.

Sarah Trotman, , from the Cape of Good Hope, at Kinsale.
On the auth Dec. in lat. 8 0 N, long. 26 0 W, spoke the Isabella,
hence for Pernambuco. On the 10th Jan. in lat. 23 o,long. 34 0,
spoke the Parker, hence for Demerara
MONTE VIDEO, Nov. 12.—The Creole has returned from Buenos
Ayres, having been on shore on the Oritz, and will have to be hove
down. The Wilton Wood, Russell, of Workington, has lost her
rudder. The John Souchay, and several other vessels, have re-
ceived damage.

DUBLIN, Feb. 2.—The Jane, —, from Troon to. Dublin, was
wrecked Ist instant, in the Bay of Drogheda; crew drowned.

LIVERPOOL CORN MARKET, FEBRUARY 2.
(From the Circular of Messrs. James Scott 6. Son.)
Since Tuesday last the imports of Grain, Flour and Oatmeal
from Ireland, and of Foreign Wheat Coastways from London, have
been to a fair extent—rather exceecing our moderate demand, but
in our last week's quotations we can note no a4eration.
In the duties payable on Grain from Foreign ports there has been
no alteration since last Friday, and the demand for Flour or any
kind of the Grain in Bond for export has been very trivial at prices
last quoted.
At this day's market there was rather a better demand for good
Foreign and Irish Wheat, at full last week's rates, and in several
instances Id to 2d per 70 lbs advance was obtained, but for all other
articles in the Corn Trade, sales were very limited, at about our
last quotations
Wil CAT,
English
Scotch.
Irish...
Bonded