The Statesman.
London, England, 1818-01-15 00:00:00

COURT
COURT OF KING'a IWNCB, Jai. 14.

01.1.1. .ffiniMi.

SPECIAL. JURIES. •
CROWLIN V. ilenT, AINALRY, AND GRANT, EMIL
The Plaintiff comphiined of a tremens and fake
imptisunnieni, ender a warranit• eigietd by die Der
Coutasiswouers of Bankrupt., oho pm a
;o..ttfication on the record.

J
Mr. G wince, in opening the case, admitted, that
the object et the Plaintiff was net to obtain damages,
though he had seataioed considerable usury, jives.
much as the Defendants had no doubt acted bona
fide.. though asider mistake. The Plaintiff bad qu-
okka on business as a tavern-keeper, at the Qveen's
Head, in St. Jaines'a.street. and in March, 1816,
•as declared a bankrupt : he was taken into custody
by the messenger, on the 18th of June following, on.
der a warrant from the Defendants, who sat as Com-
missioner', and under that authority had been c,tn.
'eyed to the King's Bench prison, and there confined
until the present time. The important object of this
*Vies was to ascertain the validity of that Commis.
lion, the Plaintiff contending that it Wes void, on the
.ground of • prior 'sitting Commission under which
the Plaintiff had not received his certificate dated
in the year 1808, end obtained chile he resided in
Abe North of England. Application, by petition,
bed been made to the Lord Chencellor, and sit issue
bad been directed, bat the assignees had not thought
fit to proceed. They had already been once defeated
.in the Common Pleas, though anew trial had been
afterstattds granted, which the Plaintiff, from acci-
dent, had been unehie to purse..
Win. Betwood, clerk to the Messenger under the
Cosmiuiun, proud llto grant of the warrant by the
Defendants.
The instrument ;WO was prodoeed,by. Mr. A. Pa-
Who deposed that the Plaintiff was in confine-
ment before and since the &Ile of the warrant (18th
June, 1816) oo an action end i process of the Court
of Chancery for contempt.
Mr. SCARLETT, for the Defendants, submitted,
that the Plaintiff had yetusade out no trespass, lees.
OtsCh as he had been broeghi up .io custody to the.
Commiesiesers, sod wee sent flack in the 'erne cal-
tody., having been pretioosly tendered in en-action,
and committed. for • contempt. It did not splitter,
therefore, that the warrant of the Defendants bad
veer operated upon him so sts•to cause his arrest or
coofineaserit.
Lord ELLansoitouon was at brat inclined to think
this objection well founded, though
Mr. GRIMM! ogled that the warrant of the COO-
• aissionets must at least be considered one of the jos-
lifications of the Marshal of the King's Beach prison
for detaining the Plaintiff.
Lord Et.tassoitooon offered to rare the point,
but it was rendered unnecessary by the prodection of
another witness on the part of the Plaintiff, who
swore that two Messengers under the Commission
accompanied the Marshalaran hack to prison, with
this Plaintiff in that/ joint custody ; end that. where.
AS before the geeeting of the warrant the Plaintiff
was in the flutes, after it bad been greatest be was
lodged within the wells of the prison.
A prima fads case baring been mad* oat for the
Plaintiff,• 'I-
Mr. 011.111 WET left It to the other sills to establish
the justification.
Mr. Scoairri Informed the Jary, that lispabasid
do so very completely, provided the willies's he
*odd call spoke the truth. The jurisdiction would

4r.

_ •

. .
consist or proof, that the 141410.1 i ha'n• liven lotallk
Mode a bankrupt, and that the Defontlants *rte cons
senueotly.llathurtied in Collodi bins ; ti prior Com.
Mission, in 1808, had been allotted los and an issuol
hum Chancery, which ilotte *as not • in. try the se.:
litlity of the Isla Commission, bet °tate Arsti and
the rilliotiC .pbn whop the late, lay-, -had nevei
ventated to proceed le it. The Saone of the action*
in the Cntireion Pleak on *Pit a new trial had beets
grantedovitich the Plaintiff bad not thought St again
to offer to a •public Cohn: A few ylbars ago the
Plaintiff case up (root the North. lilt* limey 'others.
with anthill. bet his nits to, arable hint to flab; he
first set up a Circulating library, .and failed ; nett he
opened a. tatern in St. Jacnea's;stroet, and failed ;
_haring lON:trod Witty dents in both cobebths: the
Cenurnissioll ih questing: wit seed ont toed after he
had given up the [att. The trading wet Anion ;
!rid the petitioning creditor's debt. k bill the Rain-
tiff had ran op with a Mr. Arebberi a Salue-sner-
ilaist. The acts of bankruptcy *era tetoral—pat
least too:: first under the Stat. of J 16.4, ketving
onum., Of otherwise absenting himself;" and so.

condly, ender the Stat. of Elisabeth, snaking ad Hs.
signmeot of his property in eaptiOdti6h of baokrept-
ey. Tb. asSigresent was made to hi. elmer.tn.lawt
a Miss Young, with a tie* to defraod his credits/ref
end it was fell of suspicion. It might he necessary
to call the lady' and the story she *mild tell web
this, which theilery bight believe, if they pleased :
--'That her- teeter on his death did not leave her a
shilling ; that .she had no means of acquiring money -
bet by keepieg • School, which did oot succeed, hit
that her brother had ,assigned titer to het the house
in qoestiott and fen:item for a valuable considera-
tion, the amoent of irhich she could pot recollect,
the nature of which she could not recollect, and of
what it consisted she could net recollect, whether of
cash, notes, or bills. This relating she had already
given in another piece. It would he proved, that
after this conveyance, the Plaintiff had continued in
I possession .of the Qeees's Heed for some time, until
driven away by hi, CriBiterf ; he had then token a
private lodging at Patirllegton, bet still at night he
was in the habit of cost** hornet and of inwootioe
the state of affairs, but fd secretly that the Sherirs
Officers, nosy of whom were lb search of him, avoid
not °blahs the least-intelligence of his progress or his
he ants.

The trading end petitioning Creditor's debt were
bath Promd without dispute.
George teoryrt, who had been waitet to the
Plaintiff atthe Queen's Heed tor it. rev months befire
the hankroptcy, pinved,(thit t`.. Platdl.l went away
to Paddington, in February, 1816: for some time
before, he had been absent tree home all day, and
only retorned at night, after trariosolth, &c.. had
done calling for motley. T:te time of Min Yoni,g
was pet op vier the door soon afterwards, but the
Plaintiff still continued his nightly visits. When any
persons called for money, Misr Young said, she did
not know where the Plaintiff was to be found, though
be was sometimes in the bar, bat could not be seen,
all the green cattalos were kept drawn.
C. 11,. Morley, who had • served the Plaintiff as
porter; corroborated Ibis evidence: be bad helped to
Armors some of the furniture from the Queereu
Head :it was done at night. Nobody %gestalt' that the
Plaintiff fired at„ Paddington;but Miss Young al-
ways said that she did not know where he was to be
found. , Once he was seen hyo person who came for
money ; and once the %tittle,' told him that a cre-
ditor had called, but he mad• signs to him to be silent.
John Duncan, on behalf of Webber, the petition-
ling creditor, bad called repeatedly at St. Jetties's.
street on the subject of the bill; once he got a Ogllt
; of Crowley Ia the coffee-room, and he appointed to
call in the morning to settle the bill ; be did not come
but said 1:e should be at home in the evening about
eight.o% tk; but %two the Mituess calleti, be did
11'4 meet uithhim4 nor, could he see him again on-
{ vii after the Commission.

Thomas Cotton, a Quaker, had often gone to Sr.
James's-street for payment of four gains*, for some
door-cloth, but could never see the Plaintiff: be
lefts bill of parcels, sealed up, requesting an an-
swer. This witness wet entering into a detail of se-
veral particulars, not legal evidence, for which he
was checked by the Cnonsel on the opposite side :
he showed, some Irritation, and observed that he was
improperly laterropted, as he hail taken de at-
firmation to mate the whole troth, and he had nut
yet tuld half of it.
Wm. Verity, a Sheriffs' Officer' produced tart
warrants against the Plaintiff, When he called
Sr, James's street, Miss Young said he could ,notS •
seen, and it was of no ese to call. 'the seitnes*
called twenty times or more ; at last Miss. Yoang
said she would not tell where the Plaintiff was to be
found.
Lard ELLEntoanoon iniiatated a strong opinion
that this evidence was sviraciant of an act of bank,
to ptcy. f J
Another 'slatting, of the nom, nf. Mortin, proved
a declaration on the pert of Crowley', abet the house
in St. James'asstreet was in 'fast his, .and that after
the action in the Common Pleas- was decided he
shoold regain possession, and be weoth'3oool. Ha
confessed also, that a sidled condeydnce had beers
made by appraisement, anti Money paid before the
appraiser; part, however" was a bill of exchange,
part i., outer, and pars in paper made to !amble
notes.: Crowley bad more Us* once told this to the
witness. •
Cross.egansieqde-,-16 bed never saki that he would
he revenged on Crowley, though be thought him a
scoowdrel. . .
Tbe above evidence *as eels. firstod by another per•
son, who was prevent at the convereation, as far as
related to lbe almet.appraisament; he did not bear .
any thing about the mode of paymerd. -
Mr. SCAILLETT observed, Oat be sheeld call eh
more witnesses, nor did he think it oeceseirr to offer
the sister-inelaw of the 1#
Lord Esicessosovau celled Vr.:titoiney to
address the Jury for the PiaintileXteply tilxhikoso
jest established.
Mr. Gila:lei confessed that. be did diet
tlptll him-
I self oval to the task. On behalf*, thoPlekatiff he
preferred to be called, and a Nosiiit wen seterding-
ly entered.
LICIT MW dIART e.
An action to recover 36001. as money pabl by the
Plaintiff, on accoost• of the Defendant, for the re-
pair, arc. of a ship earned the Elisabeth, at Caste-.