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

TO THE EDITOR OF THE STANDARD

Sta,—l noticed with great satisfaction, in your paper of
Friday, your allusion to the lamented death of Mr. Clough,
late organist of St. Nicholas' Church; and which, I trust,
you will further notice to-morrow, by stating the favourable
mention that was recorded of him by theßev. Mr..M•Gill,
(I believe,) in his sermon yesterday morning. Also the further
respect paid to his memory by having the organ hung with
black, and the scarlet draperies of the choir removed and re-
placed with black ; the organ also closed for the day, and the
musical portion of the services entirely vocal ; a part of the
90th psalm was also very appropriately sung in the morning.
—I have taken the liberty to state the above, thinking it
possible that it might not be wholly known to you; and am,
sir, one of your constant readers, &c., 3. L.
Monday Morning, Nov. 29, 1841.

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Sin,—Can any of your readers inform me whether Mr.
John Finch, agent to the " Low Moor Iron Works," near
Leeds, is the same Mr. John Finch, the Socialist, of Liver.
pool ?—I beg to remain, Sir,
Your obedient servant,

Dee. 2, 1841

AN INQUIRER,

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Stn,—l trust you will allow me to address you, through
the paper you have the honour to be editor of, on a subject
which you will give me some credit for being sincere in—the
corporation schools. Now, Sir, I must inform you that I
am one of the old freemen, although a young man ; I was
born free, and, as such, I was brought up to expect that I
had a right to vote for who I pleased, and with what little
education my parents could afford to give me I never hesi-
tated about tendering my vote yet; how I may be disposed
next November I cannot now say. lam now the father of
three children; two of them are of an age to go to school,
but I have delayed placing them in any school for the last
twelve months in the hope of putting them, with the Bible,
into the corporation schools, where I think I have a greater
claim (as a burgess) for my children to be educatill. I acn
really tired, Sir, of telling my little boy and girl that they
cannot go yet, as the Bible is not there. And more than
once I have been reminded by them that I said it would be
there in December at the latest. When I read the council
proceedings, yesterday, I was again reminded of toy children,
and how they would be disappointed. The gentlemen of the
education committee must have been asleep, or intoxicated
with success, never having prepared their resolutions about
the system we are to have instead of this Papist system ; and
I can assure you, Sir, if any of the officers of our club had
been so neglectful, we should before now have had a meeting
about " calling upon them to resign."
I have left my family sick many nights to assist in my hum-
ble way to bring about a change in our corporation, and now
that we have a conservative mayor and a conservative majo-
rity in the council, we have not the Bible and Bible teachers
in the schools ; indeed, sir, I did not think of it before, but
we have now in Liverpool a conservative corporation teach-
ing popery !! in their schools for the last month.
I am, sir, yours, truly,
AN OPERATIVE BURGESS.
_ _ _

----
To.rfeth-park.
C" An Operative Burgess ", though a humble man, writes
sensibly, and some of our professing protestant councillors
would do well to give good heed to his advice.—E. L. S.)

ANNIVERSARY DINNER OF THE TRADESMEN'S AsaIS-
TANTS.—The first anniversary dinner of the members and
friends of the Association of Assistant Tradesmen took
place yesterdry evening, at the Brunswick Hotel, Hanover-
street, and was numerously and most respectably attended.
Mr. Flower ably presided on the occasion. Mr. Scholfield
vice-president. The dinner was sumptuous, and In every, re-
spect did great credit to the good taste and management of the
worthy host, Mr. Wightman. Amongst the gentlemen present
we observed Mr. Belshaw, Mr. Hodgson, and others—friends
of the Association,—Messrs. Mill, Agard, Jones, Hillyard,
Gibson, lanson, Clarkson, Connor, Hodgson, Iryfield, Wil-
liams, Wright, Clarkson, and others—members. On the
cloth being drawn the usual loyal toasts were given with
" all the honours," followed by the National Anthem, glees,
&c. The toasts followed of " The Association of Assistant
Tradesmen," "Health and prosperity to the tradesmen of
Liverpool who have generously, shown the example of clog-
ing their shops at seven o clock, ' The great and good
of the town of Liverpool who have advocated the cause
and stren gthene in the hopes of the assistants in the d
ob-
ject they have view. To To
.the last toast Mr. Hodg-
son, secretary of the Mechanics Institution, (who had
greatly exerted himself in behalf of 'the Association,) most
ably and eloquently replied, giving •some excellent advice to
his young hearers to employ the time already partially granted
to some of them, and that which would yet be granted, to
moral and physical improvement, which would be the
means of obtaining all that was required for the whole
body, and of reconciling to their cause all who might enter-
tain an opinion that they would abuse it. He proposed " the
health of the Committee of the association." Ile was loudly
applauded. This was ably responded to by Mr. Willmer,
who after a suitable eulogium on the chairman, for his exer-
tions in behalf of the association, proposed his health, which
was received with three times three. The Chairman re-
sponded in ait able and feeling manner, impressing upon the
members the necessity of every possible exertion on their
parts, not only in their meetings, but in the circle of their
private and
acquaintances. He alluded, in a very happy
facetious manner, to the uublicity he had himself given
to the cause, by his endorsements of envelopes, bank
notes, &c. &c., with short sentences or mottoes in further-
ance of the objects of the society. Mr. Gibson proposed
the health of Mr. Hodgson, who again spoke in felicitous
terms, pointing oat what he conceived would conduce. to
the benefit of those who heard him, and secure the object
in view for the whole of the young assistants. The
Chairman and several other gentlemen afterwards addressed
the meeting on several topics in which they were interested;
hot wt regret that we have not room for detail. Suffice it
to say, that between the addresses the company wa!l highly
entertained by the glee singers, and that the evening was
past amidst a flow of convivial feeling, and the. utmost
good-will, from the employed to tile .411,10Virr, '4114 givos
Prorairie ths bappioet reatilts.

Zottrp.

ON TH E

SABBATH

Again, again we bail this day our sweet sahbatic rest,
Which, when our earthly world was formed, the God of

Israel blest :
He bade us on this sacred day from worldly toil to cease,
And seek for Him, the Lord alone, in prayer, in joy and peace.
My Father, to thy holy courts I ever will repair,
And with thy faithful gladly join in adoration there;
In supplicating meekness then I'll bend before thy throne,
And to a God of mercy all my guilty acts make known.
Assist me, 0 ! my Father, that, by thy heavenly grace,
My faith, my love, my hope, my all, on Jesus 1 may place ;
To look to Him, the mighty one, the holy, and the just,
And, since for me he gave his blood, in Him alone to trust.
Father, I pray that carnal thoughts may not possess my heart,
And, whilst 1 worship at thy shrine, 0! let them all depart;
Thy holy spirit on me pour from realms of peace above,
And raise my thoughts to Thee alone, Lord of unbounded love.
E. M.

Roscommon-street

THE CELESTIAL EMPEROR,

The world rests on a tortoise,
And a teapot rests on that,
And on the teapot sitteth
Earth's emperor, fierce and fat.
He's brother to ten comets,
And a dozen suns and moons ;
The ocean is his slop-basin,
And his subjects are all spoons.
Forty cups of tea he taketh
Every minute of the day,
And he's owner of a milk-walk
Called by men the milky way.
But for all his mighty emperorship,
I wouldn't be in his shoes,
For there's steam enough about him
To stew the chops he issues.
If stronger he his tea makes,
'Twill blow out half his teeth ;
For hot's the water under him,
And there's gunpowder beneath.
Yet danger can't convince him,
Though it grow more strong and hot;
Of " green" he's proved a sample ;
He's " a spoonful for the pot."
" Tu doses" means " thou tea chest,"
Bnt to teach old China's tribe,
We niust read it thus—" Two doses,"
Such as Nelson would prescribe.

As sure as that's a teapot,
He'll go upward with a whiz,
And be, though more celestial,
Less majestic than he is.

As sure as that same crockery
Community are crackt,
Their spouts, and lids, and handles,
Will go smash, and that's a fact.
Though t be first and last of it,
In them there'll be no trust,
Till " with your leaf, or by your leaf,"
Death turns them to " fine dust."

How puzzled be their crania
Beneath our canon's roar !
They never tasted any-thing
But " cannister" before.
They'll wonder what it's all about,
When shot yet more abounds ;
They look into their tea cups,
And can't understand the grounds.
While they fancy that there's nothing
With their own tea on a par,
I wonder what they think of
The British t-a-r.
This fact, celestial emperor,
'From experience we may know,
If amongst the quick we leave you,
You will leave us—to the sloe.

LITERARY NOTICES.

The Mind, and other Poems. By Charles Swain. Illus-
. trated by various Artists and Engravers. Tilt & Bogue,

London

We have absolutely devoured this poem. We took it up
with the fullest expectation of being gratified, and we have
not been disappointed. Mr. Swain has been long known to
the reading public as an elegant song-writer and accomplished
poet ; but it will be on this his last work be will rest his lite-
rary fame. We have no hesitation in pronouncing it to be the
cleverest poem that has issued from the press for years. It
occupies four cantos or parts. The first, after a beautiful
invocation, treats upon the mind's divine and imperishable
nature, its creative faculties, its dominion over all animate
and inanimate objects. The bard then touches upon elo-
quence—its power over the passions—and alludes to Cicero
and Demosthenes, Chatham and Sheridan. Painting is next
introduced. The emotions of the mind produced by the
beautiful, sublime or melancholy character of scenery are
described. The names of those great masters of their art,
Angelo, Raphael, and Correggio, are brought forward as
instances. The influence of the productions of art upon the
mind, is then traced. We next find an invocation to Shak-
speare, Milton, Byron, Mrs. Hemans, and Miss Landon.
An episode showing the progress of dissipation concludes
this portion of the work. A high devotional feeling is sus-
tained throughout, and Mr. Swain appears to avail himself
of every opportunity of gracefully, and without any ostenta-
tion of piety, drawing the mind of the reader to the excel-
lencies of religion. As an example, take the following,
which occurs in praise of poetry :
Love poetry—for she is Heaven's growth,
Wisdom's sublimer spirit, made alone
For man and man for her : Nature for both.
Affection makes her glowing heart its throne ;
Beauty meets music on her lips ; her tone
Gives life to thought when all save thought 's expired.
Love poetry—and make her charms thine own :
She loves thee;—never spirit more desired
To bless and grace mankind, than she, the God-inspired !
The next verse is equally beautiful. Now mark the follow-
ing on the same theme :

Devotion reigns wherever she has trod,
For she is virtue's and religion's friend;
Unto the footstool of a listening God
Upon her wings the Sabbath hymns a•cznd ;
Her steps to all sublimer regions tend,
Man's dark and still repining doubts to quell.
She 'gainst oppression's front her bow did bend :
She struck for freedom in the shaft of Tell,
And Brutus heard her voice when the last Tarquin fell.
The next verse to this soars still higher, and is finely and
powerfully conceived. The love of country is charmingly
expressed in the thirteenth stanza :
Oh, my own land—my beautiful free land !
Soil of the gifted--mother of the brave!
I love the very shells that gem thy strand ;
I gaze with pride upon thy bounding wave.
The ensuing stanzas are equally patriotic. The poet loves
art. See what he says—having previously done homage to
the genius of Michael Angelo :
Who may behold the works of Raphael's hand,
And feel no mountings of the soul within ;
Find not his sphere of intellect expand,
And the creations of the pencil win
His thoughts towards heaven—to which they are akin !
Ennobling his whole being—touching chords
Of holiest sweetness—purifying sin—
Raising a deathless moral that records
The majesty of truth in tints surpassing words'
In the nineteenth verse we find a spirited flow of language,
imparting solid truth :
What though pale penury may haunt the spot
That genius hallows with its earliest flame,
Correggio lives while princes are forgot—
The canvas speaks when kingdoms lose their name.
Where lie the great, whose gold was all their fame ?
May costly cenotaph—can sculptured tomb
Save titled ashes from oblivion's claim ?
Yet there be names that years may not consume,
Nor misery corrode, nor death despoil their bloom.
The twenty-eighth stanza brings Shakspeare, and the twenty-
ninth Milton, before us, in a charming and pure strain of
poetry. The thirty-third is devoted to Byron, the thirty-
sixth to Mrs. Hemans, the thirty-ninth, fortieth, and fol-
lowing verse to Miss Landon : the fortieth we must quote,
for its pathos, truth, and beauty :
Thou, who received'st her rose-encircled head,
Our minstrel in the bloom of her young fame,
Give back our lost and loved—restore our dead !
Return once more her first and dearest name !
We claim her ashes—'tis a nation's claim.
Her—in her wealth of mind—to thee we gave ;
Yet—plead we for the dust of that dear frame'
Oh ! bear our world-lamented o'er the wave!
Let England hold at last—'tis all she asks—her• grave !
Is not this exquisite?

The episode that concludes this portion of the poem is
admirably written : it is studded with poetic gems, flung
over it here and there, bursting upon us with a sparkle and
brilliance that quite take us by surprise.
Come we now to part second. Herein we find the subject
continued—the source of the sublimity and beauty of ex-
ternal nature. The poet then shows that without the gift of
mind it were impossible that we should have had any concep-
tion of grandeur, sublimity, delicacy, or beauty. Next we
find the poetry of sculpture, its antiquity and splendour.
The powers of Angelo are again alluded to—the figure of
Moses on the tomb of Julius ll.—the Apollo Belvidere, and
Canova's works are touched upon. Next we have music and
its influence on the mind. The episode is an instance of
heroic fortitude in woman ;—the subject " The Maid of Sa-
ragosa." The stars and Newton conclude this part. The
second, third, fourth, and fifth stanzas, are exquisite; they
are a string of pure pearls. Here is the second :
There's beauty in the soft warns summer morn,
When leaves are sparkling with the early dew,
When birds awake and buds and flowers are born
And the rich sun apps, half trembling through
The crimson haze apil dim luxurious blue
Of the far eastern heavens! There's beauty deep
From mountain tops to catch the distant view
Of quiet glen—wood path—wild craggy steep,
Or cool sequestered coast where lonely waters sleep.
The next stanzas are even sweeter than these. Stanzas
from twenty to the close are replete with the noblest philoso-
phy
and devotional sentiment; take the thirtieth :
Come view the golden fabric of the spheres,
Read the majestic volume of the sky,
Alark the grand dial of eternalyears,The rounds ()rages ever wheeling by
!
The watch of worlds ! the index.tsheetoipi
rhiitgieb.
To teach the proud how little is
forth
try
Let them regard the planets—an(
To sum the time—myriads of ages wi d
Their cycle may be made—then number all who've died.
work yet ; we shall
We have not done with this delightful
find a place for another review. In the meantime we must
not forget to notice the very beautiful illustrations in vig-
nette that adorn the pages, from drawings by Stothard,
Retsoh, Bury, Boxall, Licersege, Stevenson, and others, all
engraved in the best manner. The annuals will this year
be meet with a powerful opponent in Mr. Swain's poem
; sit t
of
worth, in our estimation, half a dozen of the very
them. The getting up it., in their own style, while the mate-
rial in"ar superior.

IN gOLVENT DEBTORS' COURT
Che.vter Castle, November 301 h, 1841.

(13EFORF. MR. COMMISSIONER BOWEN.)

In the ~natter of Sir Henry Mainwaring Maintearing,

Baronet, an insolvent debtor.
Mr. JAMES opposed on behalf of Mr. Smith, the regis-
tered officer of the Northern and Central Bank, who was the
detaining creditor : Mr. VENABLES supported the insolvent.
Sir Henry Mainwaring examined by Mr. JAMES, said :
I went to Boulogne in July, 1837, and my accounts were
there very small : I had no property either freehold, lease-
hold, or copyhold, except what was included in the settle-
ment on the marriage of my son: the articles were made in
1832, and the settlement in 1836 : the tithes were not in-
cluded ; they were corn tithes on a lease under Christchurch •
there was also a farm called Gibbon's farm not included : it
was 170 or 180 acres, and the rent about £3OO per annum :
it was mortgaged for about £6,000: I purchased it in 1835,
and I paid from £3,000 to £4,000, and the remainder was
left on mortgage to Gibbons's family, from whom 1 pur-
chased it : the estate was sold by them in 1838, under a
foreclosure : I had no copy of the deeds relating to the
mortgage : I received the balance of the purchase money,
about £6OO, which is stated in my balance sheet : I did not
execute any deed : the estate was not conveyed to me at the
time I purchased, nor afterwards : I contracted for the pur-
chase in writing : I had a copy of the agreement which was
given to Mr. Wright, of Macclesfield, the purchaser : at that
time I was at Boulogne, and it was given up to my solicitor :
I had an estate at the Kennels at Sandiway Head, which was
not included in the settlement : it was about six or seven
acres : I agreed for it with Mr. Heron. whom I succeeded in
the management of the hounds : I agreed to take it for
£l,lOO : I had never any deed or papers relating to it : I paid
no money whatever for it : I paid interest on the mortgage
to that amount : I have now no interest ha that estate : I paid
interest from 1819 to 1837. 1 have not executed any deed or
paper relating to that estate : I have not paid any interest on
it since 1837: Mrs. Gleave, of Moor, the mortgagee, took
possession of that estate : I had no interest in any other
estate, not included in the deed of settlement : all my
property was settled on the marriage of my son, in 1832 :
I entered into the articles of agreement before the mar-
riage, they are dated 20th of January, 1832: the articles
were carried out by a deed, dated 27th December, 1836 ; on
the 7th of March, 1838, I assigned certain tithes and leases
to nay son, which had not been included in the marriage set-
tlement . that was during the time I was at Boulogne : I was
then considerably involved in debt, above £100,000: I have
not incurred many debts since : my debts now are £109,000 :
nearly £55,000 of that sum is secured on mortgage : I con-
veyed the tithes to raise a sum of money to satisfy a judgment
debt, and to pay the expense of the renewal of the leases : I
was induced to sign that deed with the understanding that all
my debts would be paid : I did not read the deed : I had no
solicitor with me : the solicitor, Mr. White, of London, who
came over, told me it was the best thing I could do : I had
never employed him as my solicitor; he came to Boulogne
twice : his first visit was to get me to assign the tithes and
the estate generally : there were two or three deeds : I was
induced to sign by him : I had had a correspondence with
my son, which was discontinued, as he said he was recom-
mended not to write to me on any business whatever : that
correspondence commenced shortly aftei I went to Boulogne,
and continued nearly up to the time I executed the deeds : I
expected Mr. White would come over in consequence of that
correspondence : my son recommended White to me, as a
man I might put confidence in, to settle the business for the
advantage of all the creditors : I expected be would bring
deeds for nie to sign : he might have read portions of the
deeds to me, but it was only a very small portion : he said
that Sir John Stanley, the present Lord. Stanley of Alderley,
recommended me to sign them : I have not since read the
deeds : Mr. White told me what their purport was : at that
time I owed Mr. Reed, of Knutsford, £2OOO, for money bor-
rowed, about 1830 or 1834: I had given a bond for it, jointly
with my son : 1 don't know if that has been paid : I owed
Joseph Barlow, of Knutsford, about £7OO or £BOO, part
owing on a joint bond also : I have not paid that, nor do I
know that it is paid : my son also joined me in a bond to
Daniel Antrobus, of Peover, for £6OO ; to Peter Taylor, of
Peover, for the same sum ; to Barra, of Knutsford, for
£BOO ; to Samuel Beswick, of Toft, for £600; and to Thos.
Firth, of Northwich, for £602 14. : I don't know if any of
those bonds are paid, nor if Banks has been paid £BOO,
for which a judgment was obtained : I was at Boulogne
on the 27th June, 1838: I executed that day another deed
to my son : I had seen my son between March and that date
in Boulogne, when he came to fetch Lady Mainwarine away ;
the deed is an assignment of household furniture at Peover
Hall : I then was in arrears on his annuity : I had no con-
versation or correspondence with him about it, nor with Mr.
White, who brought the deed over : I bad had notice from
Mr. White that he would bring over such a deed : my son
after his marriage resided at 011erton, near Knutsford, until
1838 or 1839: he went to Peover, subsequent to the deed of
1838: there was a sale of books and pictures to the value of
£1624 7s. 4d., which being considered heir looms, the pro-
duce of the sale was paid to him : I had added to them pro-
bably to the value of £2O : the books and pictures had be-
longed to my father, who had inherited them with the estate :
they were not included in the marriage settlement : my father
inherited from his half brother, by whose will the estate was
limited to me : I have nothing here to show that the books
and pictures were heir looms : I never read the will : I un•
derstand the books and the pictures belonged to the estate.
Examined by Mr. VENABLES.—I had only a life estate
under the will, with remainder to my son : in 1826 or 1827
my son joined me in cutting off the entail of that estate, and
I agreed to give him an annuity of £300: I agreed in the
marriage articles to find him a residence, an outfit, and £5OO
a year, reserving to myself a power to mortgage for £150,000
for Lady Mainwaring and the younger children : the debts
I owed in 1832 were charged in the estate by the deed of
1836: Mr. White told me all my debts would be paid, by my
signing the deeds of the 7th and Bth of March, 1838: I have
not had any correspondence with my son for years on busi-
ness : a deed of composition was prepared early in this year,
and many of my creditors signed, and it was tendered to the
approving creditors, who held as security for their debt a po-
licy of insurance on my life, which they have ...de available
by sale for £500: I had no interest in the Kennels beyond
being the manager of the Cheshire hounds.
Mr. George Saxon, solicitor at Northwich, examined by
Mr. VENABLES: said—l prepared in March last two deeds,
the object of which was to make provision for the payment
of Sir Henry Mainwaring's debts, one of which was executed
by about twenty-two creditors, and the other by not so
many; the detaining creditor and Mr. Harvey his solicitor
came to my house on the 21th of May, when the deeds were
submitted to them for their perusal, and also a variety of pa-
pers, elucidatory of Sir Henry's affairs, and they went away
without signing them : I had afterwards a letter from Mr.
Harvey to the effect that he had reported the case to the Di-
rectors of the bank, and they had declined to become parties
to the deed, and should proceed against Sir Henry Main-
waring for the recovery of their debt ; the deeds provided for
the debts of such creditors as signed before the 10th of June,
so far as there were means : I have filed a bill of equity
against Sir Henry Mainwaring's son, in the name of Peter
Hickson and Stephen Carter, trustees under one of the
deeds.

Examined by Mr. JAMES :—the arrangement under the
deeds contemplated a Chancery suit : I apprehend there will
be nothing for the creditors until the Chancery suit is de-
cided : the parties to the deed must contribute to the ex-
pense of the Chancery suit : I have had no communication
with Mr. Wainwaring : in February, 1838, several of the
creditors met at Knutsford, and I attended as a creditor : I
have adopted this proceeding, with the sanction of several of
the creditors ; Sir Henry Mainwaring came over from Bou-
logne in Oct. 1840, and attended a large meeting of credi-
tors, called by Mr. Hostage, of Northwich, a friend of Sir
Henry's : I had been in communication with Mr. Hostage
a month or more previous to the meeting: I had brought an
action against Sir Henry, and was retained by creditors as
early as March, 1838: Sir Henry at the meeting offered to
give up any assets he had for the benefit of his creditors : I
have not acted on behalf of Sir Henry in any form : the
draft of the deeds were submitted to Sir Henry's solicitor,
and when engrossed, Sir Henry signed them ; I have not
written to Mr. Wainwaring, nor has he been written to by
my authority, or with my privity.
Re-examined.-1 am not the solicitor for either Sir Henry
or his son. Sir Henry was received with shouts of applause
at the meeting of creditors, who threw all the odium on his
son. He offered to do all that he could in favour of his
creditors.

Mr. Thomas Hostage, solicitor, of Northwich, examined
by Mr. VENABLES.—I acted as Sir Henry's friend, and
called the meeting of his creditors; and he attended and gave
a full explanation of his affairs, and left himself entirely in
their hands, and pledged himself to execute any deed, to the
extent of every farthing he had in the world, for their benefit.
I suggested the creditors should appoint their own solicitor.
I know Mr. White, the solicitor, he is deranged, and now in
confinement.

Cross-examined.—l sent the notices. I believe the bank
did not get a notice. nor did I know they were creditors.
The Kennel property belongs to the hunt, and Sir Henry has
no interest in it. It belongs to Mr. Egerton, of Tatton, Sir
Ricffard Brooke, and Mr. Cornwall Legh.
Sir Henry Mainwaring re-examined by Mr. JAMES.—I
purchased furniture for my son in 1832.
That was the case.

Mr. JAMES, for the opposing creditor, said, that many
matters required explanation on which no explanation had
been given. He then called the Commissioner's attention to
the state of Sir Henry's affairs, when he assigned away his
property in 1838, without doing anything for his creditors.
The offer that had been spoken of at the meeting of creditors,
came after he had divested himself, by deed, of every shil-
ling he possessed, though he owed then more than £lOO,OOO.
He had left the country in 1837, and corresponded with his
son about the subsequent deeds, which correspondence was
not produced, and he had a right to assume that the purport
was to divest himself of his property without benefitting his
creditors in the slightest degree. The purport of the deed was
at entire variance with the representations which Sir Henry
said had been made to him about providing for the liquida-
tion of his debts. No adequate consideration had been given
for any part of the property. One of the deeds was a convey-
ance of property clearing £4OO or £5OO per annum, to pro-
vide for a judgment debt of £BOO, and the expense of the
renewal of the leases, and which debt it did not appear had
been paid. The next deed conveyed away the life estate of
Sir Henry Mainwaring, in the settled property, and also his
interest in the property not settled ; and there was nothing
to shew that this was for the payment of debts : in point of
fact, they contained no such trusts, but divested him in all
interest in all his property. The deed sheaved that there had
been gross misconduct in some quarter, and on behalf of the
insolvent, that blame was imputed to Mr. Maiuwaring. The
deed only specified that certain parties were to he paid, for
whose debts the son was jointly liable with the father; but
not one word was said about the great body of the creditors.
And even as to that condition, there was no evidence that
those debts had been paid. The learned counsel then a!-
luded to the assignment, of the 27th June, 1838, of house-
hold furniture at Peover to the value of £3OO, said to have
been made in pursuance of marriage articles, completed by a
deed in 1836 ; and he commented strongly on the fact, that
everything Sir Henry possessed, and which might have been
available to the creditors, had been conveyed to the son ;
and he said, that though the blame was thrown on the latter,
yet there were facts and circumstances which led to the in-
ference that there had been collusion between the parties.
With respect to the books and pictures, which sold for
£l6OO, the money paid to the son, no evidence had been
given to sliew that they were heir-looms, or that the son
had any right to have that money. He contended, that
though pictures were heir-looms, yet books had never yet
been so held ; and he quoted Blackstone to establish that
point. If the purchase money, however, followed in the
nature of a heir-loom, Sir Henry had still the life estate in
it, and was entitled to the interest.
The COMMISSIONER said, that was a question for the
assignee, and not for the court. How could lie compel the
son, who was in a hostile position, to pay that money into
court?

Mr. JAMES continued and said—He had a right to assume,
that as this furniture was on the property of Sir H. Alain.
Waring, it was his property, unless evidence was given to the
contrary, which had not been done, and also that he had the
absolute interest in it. In conclusion he recapitulated that
Sir H. Mainwaring had divested himself of all property
Whatever, without benefiting his creditors ; and the defence
set up was that he had been duped and deceized into making
these deeds. He must, however, be held responsible for the
acts he had done, and for the advice on which he had acted.
He could not escape from that position. It was however said
that certain parties had made provision for liquidating these
debts, by the deeds prepared by Mr. Saxon. And what was
that provision ? A chancery suit to which the parties who
sign, became parties. It appeared that creditors representing
£17,000 had signed; but bona fide creditors representing
£20,000 had not signed. There was no probahlity that ever
one shilling would be realised for the creditors. He then
put it to the court that a number of persons were not put in
the schedule, whom it did not appear had been paid their

debil l and It the wand pbte, Sir Henry Mairmarini had
made away with his property ; and on these grounds, he sub.
witted that he was not in a fit position to be entitled to the
benefit of the act, until further evidence had been given on
the points he had raised.
Mr. VENABLES for the 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, whol 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 l-lenry 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 'Patton 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 surplus 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 £4OOO ; 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 father 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 fraud ; 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 ca.. ueoa wla. a ......;f-nrinris view, because the in-
solvent thought he was assisting the distrinuLiun .f
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 Mainwaring then swore to the schedule.
• —.

The CONIMISSIONER 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 ; hut 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 Knutsford, 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.—OR the 22nd of
June, 3 and ,1 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 Tempters.

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 he 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 fishl 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 WEEKS.—This old Greenwich pensioner, who
has been lately bequeathed £120,000, has 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 60 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
taken from her, when the fall of another portion of the
building severely bruised and cut the girl's head. Two or
three children, who were in bed, were rescued by means of
ladders. The damage done to the house is to the extent of
about XI-W.—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 Forque, 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 hail 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 un-
able to arrest the bandit's arm while taking aim at his brother.
A terrible struggle corps a corns ensued between them, dur-
ing which the brother thus engaged discharged his pistol, but
without effect. The other brother also fired his pistol un-
successfully, being intimidated in his aim by dread lest he
should take the life of his own brother. lie then managed
to wrest the gun out of Fourque's grasp, fired it, and wounded
was fast
seizingcho k choking his
gun by its
prostrate
him in the shoulder. The wound produced not the slightest
adversary,effect
when
n rtohbeboetrhe
, "r.ho
(the w tailor)
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.

UNITED

Wf.tTEF.

The royal mail steam-ship Britannia, Captain Hewitt, ar-
rived in the Mersey on Tuesday night, shortly after eleven
o'clock. She left Boston on the Afternoon of the 16th, and
Halifax on the evening of the 18th ultimo, and has, not-
withstanding very tempestuous weather, made the run from
port to port in twelve days. She has brought over thirty-
five passengers. This is the second arrival from the United
States within the week.

The Britannia has brought advices from New York to the
15th ultimo. Money still continued plentiful, hut was some-
what more in demand than it had been. The banks were
avoiding long loans, and the continued shipments of specie
were compelling them to be cautious in their operations.
The operations in exchange had been to a moderate extent.
The rates were, London 10 to 10*, and France 5 dollars and
20 cents.

Grain was coming forward in abundance, and in all de-
scriptions of produce the supply was large, the yield of pota-
toes having been the largest ever before known. Flour had
advanced to 6 dollars 75 cents, at which price holders were
very firm.

The sickness had ceased at New Orleans, and business
was beginning to revive. The public were still amused with
promises of resumption on the part of the banks. Cotton
was fast accumulating, and, though the prices were low, it
was expected to go off rapidly.
Great uneasiness existed along the border. Cannon and
powder continued to be stolen, and it is to be apprehended
that an outbreak may take place before the winter is over.
Much property has been lost on the St. Lawrence this sea-
son, owing to the lowness of the water.
The new revolution in Mexico had terminated, after a pro-
tracted struggle, in the deposition of Bustamenta, and the
elevation of Santa Anna to the throne. The former was in
prison at the mercy of the conqueror, around whom the
troops with the officers bad rallied. A rumour prevailed,
that Santa Anna was preparing to despatch expeditions to re-
conquer Texas, Campeachy, and Tobasco.
The following is from the New Orleans Bee of the sth
ultimo :

Captain Heath, of the ship Swanton, from Liverpool,
which arrived yesterday, brought his steward (a coloured
man) to this port in irons, for an attempt to poison his crew,
consisting of nine individuals. It appears that while at sea,
on the Ist October, the steward mingled corrosive sublimate
with the crew's food. The proofs of this were flagrant, as
the poisonous mineral was found on his person. The crew
were all exceedingly ill for some time, and one of them now
remains in a most critical condition. The culprit has been
handed over to the proper authorities, to be dealt with as the
law directs.