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
bee❑ 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 HoNouk continued.—He should consult some
authorities upon the subject of the application, as he
should like to found a precedent, and if Mr. Fairclough
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 Holy well, 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 opposed, 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 be 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 \Varner, 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.

•
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
and subjected to the most rig

)rows cross-examination,
)st solemn In anner the utter

el ood of the whole imputation

ice Matteson said the only course

as the writ

was to apply for a procedend
said he would take time

0 Collel

ADJOURNED QUARTERLY MEETING OF TIIE

COUNCIL

This Council met, pursuant to adjournment, on Tues-
day, and at eleven o'clock a very full meeting was assem-
bled. On opening the proceedings,

The MAYOR rose to state that the first business of the
council was to proceed to the election of a Mayor to suc-
ceed himself in that office ; and before sitting down he had
to communicate to the council, that in consequence of
what had passed at the last meeting, he had himself lodged
in the hands of the Town-Clerk a formal resignation of
his office.
Mr. SANDS then rose, and was evidently labouring

under great emotion. He proceeded to state that at the
last meeting of the Council, of which the present was an
adjournment, he felt himself impelled from the circum-
stances which had occurred, to intimate his unwillingness
at that time to be elected to the Mayoralty, and to with-
draw any claims which he might have had upon their
notice. From circumstances which had since occurred,
he now recalled that withdrawal, and if elected by them
to the office of Mayor, would endeavour to fulfil the du-
ties of the office to the utmost of his ability.
Mr. JAMES LAWRENCE then rose, and in a few com-
plimentary remarks respecting the high character of Mr.
Sands, proposed that gentleman as Chief Magistrate for
the ensuing year.
Mr. Alderman CROOK said he had much pleasure in
seconding the nomination of Mr. Sands. He was a gen-
tleman of high standing as a merchant in this town. The
manner too in which he had discharged the duty of chair-
man to the Dock Trust was also a guarantee that, if
elected to the office of Chief Magistrate, he would dis-
charge the duties connected with it firmly, faithfully, and
impartially. He had, therefore, great pleasure in second-
ing the nomination.
The MAYOR said he had a communication from Mr.
Corrie, the receiver of the Town Dues, on the subject of
what had occurred at the last Council, and wished to
have the opinion of the Council if he should read it.

Mr. IsAfac HOLMES thought it was the duty of the

Council in the first place to elect the Mayor. He would
therefore object to any papers being read until the Mayor

had been elected.
The MAYOR said he had also received a communication
from a committee of Merchants upon the same subject.
Mr. TOULMIN thought the Council had nothing to do
with communications. It was their duty to proceed at
once to the election of Mayor.
The MAYOR.—But these documents bear on the elec-
tion ; and, notwithstanding what Mr. Toulmin states, I
feel it to be my duty to state that such papers are in my
possession. (Hear.)
Mr. BLACKBURN thought that as the papers had re-
ference to the subject they ought to be read. He would
however be glad to hear the Town-clerk's opinion upon
the subject.

The TOWN-CLERK said he thought the Mayor perfectly
in order in having the communications laid before the
Council.

Mr. BUSH ELL thought that as no direct charge had been
brought in that council against Mr. Sands, it was nothing
but the duty of the Mayor to bring the matter before the
Council.

The MAYOR.—Is it the pleasure of the Council that I
should read the documents ? (Cries of " Yes, yes," and
" Read, read.")
Mr. SHUTTLEIVORTH (the Deputy Town-Clerk) then
read the letter of Mr. Corrie to the Mayor, dated the 6th
of November, and which accused the house of Sands,
Turner, and Co. of being in the habit of getting bales
passed as trusses, and chests as boxes, in order to evade
the dock dues. The letter has already appeared at length
in the public papers, and therefore it is unnecessary to
publish it again. The next letter which Mr. Shuttleworth
read was another from Mr. Corrie to the Mayor, in which
he more fully entered into the charge against the house of
Sands, Turner, and Co. Mr. Corrie stated in the letter
that he complained of the system so far back as the year
1834. He particularly noticed a complaint which he made
in that year to a Mr. Blake, who was in the employ of
the Messrs, Sands, Turner, and Co. Some of the trusses
which he then complained of contained from 102 to 103
cubic feet. He told Mr. Blake that he should inform
Messrs. Sands, Turner, and Co., of the circumstance, in
the hope that system would be changed. Mr. Blake af-
terwards called at his (Mr. Corrie's) office, and stated
that other merchants were in the habit of getting their
goods passed in a similar manner, and referred to the
houses of Mr. Wm. Brown, and Mr. Wm. Rathbone ;
but he (Mr. Corrie) on referring to the accounts of those
gentlemen, found that there was no authority whatever
for the statement. Mr. Corrie concluded by stating that
he had no alternative, in the proper discharge of his duty,
than to bring the matter before the Mayor and Council.

Mr. 13ft&ii LEY-MOORE inquired the date on which Mr
Corrie first discovered the system.

The MAYOR replied that it was in the year 1834.
Mr. G. H. LAWRENCE inquired from the Mayor when
he received the first communication from Mr. Corrie.

The MAYOR replied that he received the communica-
tion on Monday morning, the 6th.

Mr. BRAMLEY-MOORE.—At what time ?
The MAYOR.—About a quarter before ten, my usual
time for coming to the Town-hall. My clerk told me
when I came that Mr. Corrie had been there.
Mr. BRAMLEY.MOORE.—Was it there waiting, or was
it delivered after that time?
The MAYOR.—It was delivered in the course of the
forenoon, if I recollect aright. • . .

Mr. G. H. LAWRENCE.-It had been said that the

Mayor presided over a meeting at the Town-hall on Sun-
day week. As such a report had gone forth, he should
like the imputation removed from the character of the

Mayor

_
Mr. BRAMLEY-MOORE said in what he had stated he
had no intention whatever in casting any imputation upon
the Mayor.

Mr. O. 11. LAWRENCE.—WeII, but I wish to ascertain
whether there is any truth in the report that the Mayor
did preside at auoh a meeting. (" Hear, hear," from
Mr. Birkett.)
The MAYOR.—I can only say, that I neither attended
any meeting, nor heard of any, until Monday morning.
(Hear, hear.)
Mr. BRAMLEY -MOORE.—I never entertained the
slightest suspicion that you did.
Mr. G. H. LAWRENCE.—It is a subject of so much
importance, that I thought I was right in alluding to it.
(Hear, hear.)
Mr. Busn ELL.—There was another communication.
The MAYOR said he had received a communication from
Mr. Wm. Brown. (Cries of " Read, read.")
Mr. SRUTTLEWORTR then read a letter, signed "Wm.
Brown," chairman of the committee who had investigated
the charge, and informing his worship that he had much
pleasure in forwarding to him a copy of the resolutions
which the committee had adopted. The resolution was
to the effect that the committee, after investigating the
matter, were of opinion that there was not the slightest
ground for imputation upon the character of the firm of
Sands, Turner and Co. for the manner in which they had
been in the habit of passing their goods; and there was
nothing in the act of parliament which defined what was
a bale and what was a truss, neither did it decide the dif-
ference between a chest and a box.
Mr. H. HORNEY said, that before he proceeded to
address the Council, he wished to learn from the Town-
clerk, whether, if no other candidate were nominated,
and they proceeded to the vote, how they would act if the
noes were in a majority.
The TOWN-CLERK said that the matter rested with the
Council themselves, but the question must be brought to
the vote, and if the nays had it, some one else must be
nominated.

Mr. H. HoENBY said he felt it to be his duty, though
a painful one, to oppose the election of Mr. Sands ; and
though he entertained nothing but a friendly feeling to-
wards that gentleman, that could not induce him to
swerve from what he conceived to be right. He himself
had come into the council without any object of self-inte-
rest, and was sufficiently rewarded if his conduct met with
their approbation ; and he must therefore express his sen-
timents freely. The council were called upon to elect
as Mayor a gentleman against whom a grave charge
had been preferred, at certainly a most unfortunate and
a most extraordinary time. But the character of Mr.
Corrie, who brought it forward, was altogether unini-
pugned, and, he had no doubt, been guided by a desire for
the public good. The first communication of that gentle-
man to the Mayor was received on the Gth November.
three days before the day appointed for the election. A
consultation was consequently held, and Mr. Sands
was advised to consult his friends; and he was advised to
withdraw as a candidate, and ask for a full and fair inves-
tigation. Such a course would have put him (Mr.
Sands) in a more favourable position ; but it was or-
dered otherwise. An investigation out of doors had
taken place, and a report was made and published.
(Mr. Hornby) considered the result of that investigati,
as highly discreditable to the judgment of the parties who
had conducted it. They had given a verdict of acquittal,
but on what grounds? On, in fact, an open and bold de-
nial of the injustice of the practice charged. The case
ought to be fully investigated by the council itself, in jus-
tice not only to Mr. Sands, but to Mr. Corrie, and to
the constituency of the town ; and if they acted upon the
investigation that had taken place, they would necessarily
leave an imputation on the character of Mr. Corrie.
Amongst the majority of the council there would be no
difficulty in finding a fit and proper person for the office,
and he hoped they would not act hastily and under ex-
cited feelings.
Mr. EVANS could not help concurring in Mr. Hornby's
observations. What must be the position of Mr. Sands
if elected, and an inquiry was to take place? He should
think that by such an election they were rendering them-
selves highly amenable to blame. They were placing, as
the head trustee of a property, a gentleman accused of
injury. He did not think, however, that they should vote
upon the simple question as to whether Mr. Sands should
be Mayor; for if that question was negatived, they would
be in effect saying that there should be no Mayor. He
hoped, therefore, that some other gentleman—and he was
sue a fit one could be found—in whose behalf the mino-
rity of the council who were conscientiously opposed to
the eledtion of Mr. Sands might have an opportunity of
recording their votes, would be proposed.
Mr. BUSHELL commented at considerable length on
the letter of Mr. Corrie, the spirit in which it was writ-
ten, and the peculiar time at which it was sent. Why
were Sands and Co. alone alluded to, when the writer
has admitted that others pursued the same practice. It
could not be that they were the largest shippers, for
they were not. Then it appeared that a clerk had ver-
bally remonstrated with Mr. Sands so far back as nine
years ago. Mr. Sands returned a proper answer, which
vas " I can manage my own business, and if I am wrong

you can set me right by charging the higher duty."
This was not, however, done. Mr. Corrie had seen Mr.
Sands rising to honour and distinction. He saw him

he etaw his loot u

lon the v

alty—just when he saw him about to be still more ho.
!loured than before, he came up with this charge. Witt..

respect to the gentlemen who had conducted the investi