The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-11-21 00:00:00

RE JOHN HEWITT

This bankrupt, who was formerly a merchant in Li-
verpool, appeared on a summons served upon him by the
messenger of the court in Birmingham. The meeting was
convened for the purpose of expunging a proof tendered
by a clerk of the bankrupt for fifteen guineas, upon an al-
legation that he had been instrumental with the bankrupt
in removing certain property to the detriment of the ge-
neral body of the creditors. A certificate was put in for
the wife of the bankrupt, explaining the causes of his ab-
sence, which was said to be fatal to the examination. The
bankrupt, on being interrogated by Mr. Forshaw as to
what charges there yet remained upon his estate, together
with the dates, replied that he did not know of any
charges, and was not prepared to go on with his exami-
nation. The meeting was, therefore, adjourned for that
purpose until the 12th of December. Just before the ad-
journment. Mr. Fairclough applied to the learned Com-
missioner for an allowance of £25 to the wife of the bank-
rupt, who was in a state of great destitution. The bank-
rupt had been divorced from his wife for a long period,
not absolutely, but mensa et thoro, in the ecclesiastical
court, and an alimony apportioned of £l4O a year, which
had not been paid with any regularity. The lady had af-
terwards proved upon the estate for the deficiency, but
had agreed previously to reduce the alimony to £BO,
which had also not been paid.
His HONOUR observed, that a decretal order from the
Consistory Court had been obtained ; that order had not
been put in force, and, by the second arrangement, by a
condonation of the parties, would not the first order be
void ?

Mr. FORSHAW explained that the right was reserved to
act upon the original order.
His iloNour, continued.—He should consult some
authorities upon the subject of the application, as he
should like to found a precedent, and if Mr. rairclough
would attend early in the week he would be prepared to
state decidedly his decision on the subject.

After a suitable admonition to the bankrupt to give a
faithful disclosure of his effects the meeting was adjourned.

RE JOSEPH AMOS

This insolvent, described as a licensed victualler, re-
siding in Holywell, at a public-house, known by the sign
of the Rock, came before the court, on his petition to
pass his first examination. He was oppe—d, on behalf
of a creditor, for vexatiously defending an action which
had been brought against him, in her Majesty's Court of
Exchequer of Pleas, to which he appeared and pleaded,
as, also, when the action was tried, in the same year,
before the sheriff of Flintshire, to which he again ap-
peared to support his defence, as alleged by the advice of
his attorney, when a verdict passed for the plaintiff,
with costs.

His HONOUR considered the accusation of the creditor
against the insolvent as well founded, and, as a vexatious
defence was one of the penal clauses in the act, he should
not he doing his duty to the creditors, nor interpret the
act with fidelity, if he did not dismiss the petition. Pe-
tition dismissed accordingly.
SATURDAY.

On Saturday the case of Hislop Warner, Edward Mar-
sack, James Manning, and Thomas Manning, wine and
brandy merchants, of Fontenoy-street, came before Mr.
Commissioner Skirrow for final examination. Mr. James
Manning was briefly examined by Mr. Archer, who at-
tended for Mr. Bretherton, solicitor to the asignees, after
which the commissioner allowed the bankrupts to pass.
In doing so, his Honour said the bankrupts appeared to
have shown every disposition to explain the circumstances
touching which they had been questioned, and in an
honourable manner to have given up to their creditors
whatever assets they had in their possession. His Honour
expressed himself very strongly as to the highly honour-
able conduct of the bankrupts, and said that the evidence
given by them that day was very satisfactory.

-T---

BAIL COURT, TUESDAY.

THE QUEEN V. HOLT.

Mr. Wordsworth, upon the part of Mr. Thomas Holt,
applied for a certiorari to remove into this court an in-
dictment which had been found against him at the Old
Bailey, on the 26th of October, for having published, in
the Age newspaper, of which the defendant was registered
propietor at the time, a libel upon Lord William Paget,
upon the subject of the action of crim. con. which has
been brought by Lord William Paget against the Earl of
Cardigan. The libel in question was read by the learned
counsel, and was in the following words :—" Lords Car-
digan and William Paget.—Without any desire to preju-
dice this case, which Lord William Paget says he intends
to bring before a legal tribunal of the country, we think
it our duty to state what other people say. There are very
few people in society who do not look upon the whole
affair to be got up for a specific occasion, and consider
that it has been neither more nor less than a ' plant.'
We have heard it roundly asserted, that a clerk of Mr.
Hamer, the notorious lawyer, was placed under a sofa at
Lord William Paget's residence when the Earl of Cardi-
gan called there. We have heard that there is not a sha-
dow of a pretext, notwithstanding all that may be sworn
to the contrary, to substantiate one tittle of damages;
and we have heard that it is the intention of the Earl of
Cardigan to indict the whole party for a conspiracy. We
can only say, that, if Lord Cardigan has sufficient grounds
to found this indictment, and that, if it be found, and he
can transport the party implicated in any such conspiracy
he will be doing society at large the greatest possible bene-
fit. In the absence, however, of all actual knowledge,
whatever may be our suspicions, we only give the above
as on dits, and only say if' ; a word in which there is
said to be much virtue." The affidavit of Holt, on
on which the application was made, stated, that the de-
fendant, was no longer proprietor of the Age, having as-
signed it over to the proprietor of the Argus newspaper?
that he believed he had a good defence to the indictment
in law ; and that very important points of law were likely
to arise under the late statute of the 6th and 7th of Vic.
c. 96, by which the truth of the alleged libel may be
pleaded in justification, or that the libel was published
through inadvertence, without the defendant's knowledge
or consent, and did not arise from want of due care and
caution on his part. _

Mr. Justice Patteson.—That act did not come Into
operation till the Ist of November.
Mr. Wordsworth did not apprehend that that would
affect the present case, because the indictment was found
on the 20th of October. The affidavit also stated, that
nice points of law would arise, which ought to be sub-
mitted to the Court of Queen's Bench ; and, also, that
questions of fact were likely to arise, which ought not to
be left to be determined in the Central Criminal Court.
It also stated, that it was necessary to his defence that he
should have the advice and assistance of more eminent
counsel than those who usually attend the Central Court,
and that it was the intention of the defendant to have the
case tried by a special jury if the present application was

granted.
Mr. Justice Patteson.—You may take the writ, for it
is very likely some question of law will arise under the
statute which it might be thought necessary not only
should come before this Court, but which it may be desi-
rable to have decided by the full court.—Rule granted.
Mr. Bodkin, on behalf of Lord William Paget, applied
to Mr. Justice Patteson, in the Bail Court, on Friday last,
complaining of the form in which the above application
had been made, so as to give Lord William an opportunity
of opposing it, while the libel, which was of the most in-
famous description, was republished. Lord Wm. Paget's
earnest wish upon the subject was, to have the earliest
possible opportunity of being placed in the witness box

übjected to the most rigorous cross-examination,
he would prove in the most solemn manner the utter
ood of the whole imputation.

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