The Statesman.
London, England, 1809-11-20 00:00:00

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I-11V INTRUAGENGE.
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ivial to the question befuro us, or to something
that was within a few years of it ? But since you
have found it impossible to direct the anxiety of
yunr Client, the hearing of the whole of the affi-
davit will be more sitisfactury to him, and there.
fore wo shall hear it all ; but it is an unfortunate
'waste of time."

COURT OF CHANCLR Y.
Saturdly, November N.
11X-PARTL FIRM! V.

This was an application un the part of the Pe-
titioner to hare a Commission of Bankrupt, which
had been taken out against him, superseded, and
the costs paid by Mr. IVoodgate, the solicitor, by
whims the commission had been taken out.

The affidavit was then read to the end, in which
the only part relating to the roestiun was, that
which stated that the defendant hail written some
strictures on the present system, under which the
medical department of the army is c•nducted,
which had been ccimtnented upon by the prose-
cutor, and replied to by the defendant, which had
created some asperity between them, and which
had produced in his mind an irritation, under the
influence of which he acted ; and he was sorry ho
had so far forgotten himself, as to commit such a
breach of the law ; he declared that he did not
designedly wait for the prosecutor on this ucca.
sion, but that his meeting him was purely acci.
dental.

Sir S. Rossteee, Mr. IVLATUEHALL, Mr,
MONTAGUE, and Mr. PEACOLIC, severally stated
the case on the part of the Petitioner, at censide-
rable length, so as to occupy the greater part of
the day. The Petitioner, it appeared, was an At-
torney, and a man of cunsid cable property, re.
siding at the Rookery, near CulL:blaster, in Essex.
He was subject to occasional Fos of melancholy,
when his mind was much depressed, and when the
state of his affairs, which were somewhat involved,
contributed to increase the agitation under which
he otherwise laboured. At one of these periods it
was proposed by his friends, that to relieve his
mind, and to procure him more ease and quiet, he
should execute a Trust Deed, fur the paying off
his debts. Mr. IVoodgate was consulted on this
occasion, and recommended, as the best mode of
proceeding, that a commission of bankrupt should
be taken out. Against this the Petitioner strongly
remonstrated, on the ground, among others, of the
disgrace such a measure world bring on his fa-
telly, and that the Petitioner rust thereby,
almost as a matter of necessity, lose his bu-
siness, which was of considerable value. Mr.
Woodgate, however, insisted that this was indis-
pensibly necessary, and though several of the Pc.
titioner's friends also objected to it, and even
offered themselves to borrow money for the Peti.
Honer, or proposed the sale of the Rookery, for
which a purchaser could at the moment be had, if
that could prev,mt such a step, the commission
was notwithstanding taken out, and the act of
bankruptcy relied on was, that the Petitioner had
quitted his house to avoid his creditors, at a time
when he had been persuaded to go to the house ofl
a friend fur the sake of amusement. The Peti-
tioner, though he never ceased to disapprove of the
taking out of the commission of bankrupt, thought
it his duty, after it was taken out, tegive every as-
sistance to his assignees in bringing his affairs to a
speedy adjustment. The discovery, however, of
a latent correspondence, previous to the issuing
of the commission, between Mr. %Voodoo and
Colonel Masters, a near relative of the Petitioner's
wife, on the subject of his affairs, together with
an opinion expressed by the Commissioners, on
the Petitioner's third examination, as to the extra.
ordinary nature of the commission, rendered it
an incumbent duty on the Petitioner to prefer the
present application.—A number of effidaviti were
read by the Learned Counsel, detailing tee cir-
cumstances before stated, and many others lent!.
ing to prove the peculiar hardship of the Pcti.
(knees case. These affidavits had been answered
by Mr. IVoodgate, who vindiceted himself, prin-
cipally on the assertion that the commission had
been taken out with the concurrence of the Peti-
tioner's friends. No particular Iriends. how-
ever, hid been named by him, except Mr. Coke,
and yet this Gentleman, in his affitlaelt, ezisressly
denied such concurrence, declaring, that to avert
the necessity or haviug recourse to the commis-
sion, he had offered himself to borrow money for
the Petitioner. Even Colonel Masters, the
Learned Counsel contended, would not have
agreed to a commission being taken out, had he
been left to the free exercise of his own judgment.
At the third examination, the Commissioners in.
sisted that an account of the Bankrupt's affairs
should be rendered, and Mr. IVoodgate, at the
moment, made out a statement, by which it ap.
peered that there would be a surplus of 29,0001. If
such an account could be made out at the moment,
by a person situated as Mr. IVoodgate was, what
might not the actual surplus be supposed to be ?
Vet even on this 'hewing, the Commissioners had
declared it to be their opinion, that the taking out
of the commission was the most unaccountable,
harsh, and unnecessary measure they had ever wit.
nessed.
To be farther heard on Monday.

The ATTOIt VEY-GE' ERA T. said, he was ready to
admit that the Gentleman who new stood for judg.
ment of the Court, should receive the benefit of
all the ornaments that he had conferred upon
himself by the greater part of his affidavit, fur he
dared to say he tleserved all the commeudations
which his own affelatit bestowed upon him.
With respect to those facts which lie had stated
to the Court in mitigation of sentence, fur (H
offence which he had committed, it was exceed.
iugly easy for a Gentleman who had placed him.
self in such a situation as this, to allele, or per.
haps to suppose, that he had cause of complaint
against a person whom he had thus insulted; but.
here the Defendant bad garbled the transaction
from the beginning to the end, and if it were not
clear that he had done so, it would have been ne.
cessary fur Mr. Keats to ask time to answer as
statement of the adidauit but Riming clear that,
the Defendant had garbled the case, the Prose.
cuter was content to take the judgment of the
Court upon it, in its present state. He could not
help reminding the Court, that it was an extraor.
divary thing that a person who had held so high
and so public a situation, and who bad such an
education, who had kept such company as the De.
fendant had, could descend to the conduct which
had so disgraced him, that because he differed in
opinion from Mr. Keefe, he should beat that gen.
(Icarian in the open street, and then triumphantly
say—" If you want any satisfaction, you know
where to find me." This the Prosecutor did not
follow up with a challenge, which the Defendant
intended it to produce; it was very fitly made the
subject of a criminal prosecution, in which the
Defendant would learn fruin the Court, diet his
conduct was contrary to law and to justice, and
highly reprehcnsible.
Mr. G.tnaow was on the same side, but Old uot.
add any thing to the case stated by the Attorney.
Geueral.

Mr. IVARIVIN Spoke strongly against the con.
duet of the defendant, and urged it as a probable
point, that the defendant, notwithstanding his oath
to the contrary, watched fur the prosecutor in or.
der to commit this outrage and isvalvgnity, since it
took place in the street elute to the door of his
office ; this, he contended, was done with a view
of in.tkiti4 the offence more galling to the feelings
of the prosecutor, ulna% was an aggravation of
defen‘laiit's conduct.

Mr. HARRISON followed on the same side.

Mr. Justice LE 1314,1 C, in the absence of Mr.
hist,ceGrose, pronounced the judgment of the
Court, in which he censurtul the conduct of the
Defendant ; he lamented that the situation in life,
the education, the habits and connections of the
Defendant, and the notion he had of good man.
niers from the company which he must have kept,
lia.l nut restrained him from such tioleisce as he
had committed on the poste' of the Prosecutor ;
such •s turtil,st spirit as that of the Defendant,
mike' he restrained by law, which would not en-
dure that men should take the redress which it af.
forded, to all who had any legitimate cause of
comp) lint, into their own hands--not that the
Court was now decidiug upon the merits of the
dispute between the prosecutor and the defend.
alit ; upon that the Court was not intimating
any opinion ; the question was nut before the
Court ; the only matter now to be r,iiisiikreit
was, what punishment ought to be indicted on
the defendant for his violent misbehaviour, and
that must be considered with an aspect to the fu-
ture as well as with reference to the past, nut on-
ly to punish this defendant, hut also to &ter
others : the sentence of the Court, therefore, up.
on him, was, That he be imprisoned in the cot-
tody of the Marshal of the Marshalsea of this
Court (the King's Bench) for three calendar
months ; that he do give security for his good be.
haviour for three years, himself in 5001. and two
sureties in 2501. each, and that he he further im-
prisoned until such security be given.
Mr. Serjeaut Leas obtained a ride for an info...
mation iu the nature of quo warrant°, calling on
John Strong, I:sq. to skew by what authority he
exercises the office of Mayor of the town of Pool,
in Dorsctshire.

COURT OF KING'S
Saturibiy, No;:ember IK.
TIM KING Z. KuBERT JACKInN,

Mr. Gaitaow moved the judgment of the Court
on the Defendant. This wa, an in.lictmout for
an assault upon Thomas Keate, Emquire, Sur-
geon-General of the army. The Defendant hail
been Inspector-General of the Army of Reserve.
It appeared by the affidavit of the Prosecutor, that
iii the course of the late summer, as he was going
home, he met the Defendant in Berkeley-street,
near the door of his office, who assaulted him,
without provocation, struck him several severe
blows on the shoulder with a large walking stick,
and then said—" If you want any satisfaction,
you know where to find me ;" evidently meaning
to provoke the Prosecutor to challenge him to
fight a duel.
James Pearce, servant of a nobleman, who hap-
pened to be passing at Cie time, deposed to the
same eff.•ct.

The affidavit of the Defendant comprehended an
historical, and somewhat 'minute, detail of his
whole life, from the period when he took the de.
grec of Doctor of Physic at Leyden, to the present
lime, in the course of the reading which—
Lord Kt.tessioaouen observed—" How can
all this be material. There is no passage which
may be read out of any book which might
Occur to us to take into Our hands, Out of
our library, that would nut be as material as this
is, to the point which is now before us, namely,
the conduct of this Defendant Oil the occasion of
his assaulting the Prosecutor."
Mr. DAMPIER [mewed that the anxiety of his
Cheat, the Defendant, had led him to insert in
his affidavit, matter, much of which o ust be ad-
mitted to be irrelevant to the point now before the
Court ; but Counsel could nut always euntroul
their Clients.
Lord ELLEsooeouoir--64 Could you conduct
us tO mine part of this affidavit, which is mate.

.„• /, ; ; ..• •I Hl'
THE SI'ATMSNI AN
, . • -•-- ...464/11111110111511.
. . 40.1 •-• dss- "• •' s • 1.! • •- •. ' ;41.13:*

as a great favour to me, that it should Wild over
for an hour."
Lord Et.t.ttriostovou..:..“ It seems to be for
•the convenience of Cobnsel on both sites, that it
should not come on no,. Therefore, let it stand
over until you are buthleady."
Here entered Mt. Ojsrjeaat BM, who said,
"My Lord—l had not an opportunity of being
in Court %t hen the Attorney-General addressed
your Lor:;ship. I do not know .shat motion
was made by him, in the cause of Wright v.
Wardle."

Lord ELLENDOROUGII-44 BC said, that the af-
fidavits filed on the part of tits: defendant were of
so great length, that t!,^ plaintiff bad not had a■
opportunity of taking copies of them in time, pro-
perly to
,prepare :towers to them, and that there-
fore time should be given for that purpose; at
that moment there was some conversation between
the Attoruey.Gcperal and Mr. Park, he saying
that you could not be rresent then, the Court, to
accommodate you both, directed it to stand over,
and it standa over accordingly."
Mr. Serigalllt BEST-46 Until the next Term ?"

Mr. ATTORNEY GENERAL-.-. 116 No, indeed !, 1
cannot onseut to that. I will consent that the
learned ::orjeatit should take it up now, rather
than that it should stand over until the neat
term."

Lord Er.r.Errnonotrcn--" Will you take it ug
now) or Kill you let limn have an opportunity of
making affidavits in answer to thosa on which the
rule was obtained i"

Mr. Justice Le Bt. t Nc—" It is in the common
course to let the matter stand over for a few days."
Lord atxxnonotsii—'• It is •t ;:rescat for
our convenience that it should stand over for a
few days. lam sure that nothing is more com-
mon than to order a cause to stand over without
naming a particular day ; if that should he neces-
sary, from the length of the affidavits on which
the rule for the new trial was originally obtained,
or from any other circumstance, they cannot be
conveniently answered in time; and that the Court
is in the daily habit of doing, without reference
to-either party. It is of course to give them an
opportunity to prepare an answer. The other
party may consent if they choose ; but if they do
not consent, the Court will nut refuse to give
time, if it be necessary, though consent should be
withheld or opposition made."

Mr. Serjean'i BEST--" I shall not resist the 'pa
plication, my Lord; I only wish to know what
day it will be ro:ivenient to bring it on."
Lot I:LLENBOROUGIi" Whenever you agree
among yourselves. The Court will take it at any
time."—lt was then ordered to stand over without
fixing any dry.

COURT OF EXCHEQUER.
Saturday, November 18.

SIMPSON! V. MAIM

This was an action for setting aside a debt of
32101. due to the Defendant by a Mr. Morris, an
attorney, to whom the Plaintiff also nas a credi.
tor. The ground ch.irgell was Usury. It ap.
peared that the Defendant, lot the accommools.
lion of Morris, had sold out stock to the amount
of 15101. and had advanced 17001. In cash. The
condition of the loan was the payment of the in-
terest of stock sold out at the rate of three per
rent. as it would have yielded the Defendant, had
ha not sold out; for the 17001. at the legal late..
rest of fire per cent.; and, on the further condi.
tion, at the period of reps,ying the loan, of re.
placing the 15001. stock. rhis, it wu contend.
ed for the Plaintiff, was usurious in two respects ;
first, as the stock was at's2 when the 15001. was
sold out, so that it did nut yield a sum sufficient
to yield an interest of three per cent. ; secondly,
that the replacing of that stock at the rate .f
more than 70, was an unequal and usurious
pulation.
Mr. tierjeant BUT 'hewed, that cases in point,
in favour of the defendant, existed on both parts
of this present claim.—The defendant's debt was
of course sustained.