The Statesman.
London, England, 1819-07-24 00:00:00

'THE STATESMAN.

r

ar.2..mir..:ev — - -
• a between them that the courtship should be re. 'Min Rirnber still hoped that the Defendant would
tittoest. And, at the request of the Defendant, Mi.s many her till the month of November last, when
involver, with her friendS, sopped that mrenino at the she heard that he was married to Miss Cooke, who
to"se of the Deferisli•t's father. About a month sf. resided near Belford, in Osfordshite. This ease
ter eard.. the Defendant went to Denchwoeth ; hot, would be proved in evidence to the Jory ; and it
as Mk. Kimble, was pontly, she did not see moth of - would then 'main for them, unde
hr then directions o n
f
him. In litre! weeks he went spin, and contintred the Learned Jedge, to give auc copensatiou i
his visits until the middle of May, 1817, when, taw damages as they thought the Plaititiff vas entitled to
fortunately, he areomplished his perpoars, sod Miss outlet..
k,roher fell a Saclike to his artifices. In the couroe,l Mary Kimber said, that in 1815 shelived as dairy.
t oii r ittr • of his latter visits. he tell her sister, , maid with her father. At Whithatood.furest fair she
Mstelloi Kimber, In get ready to be bridernaidifor the ' met the Defendant ; he said he wished to pay his ad.
omitting a mild Mk, place as soon as Mary was seedy, dresses to her, and marry her. Ile visited her several
and be should wish her to spend ii week with Mary 1 times with the consent of her father and mother, his in.
at Bost : he also told her that John Clinch was to trillion to marry her being matte konwn to them. On
iivo Myer away. On the Bth of June be 'kited one occasion, le the coarse of thole visits, he made
511 s. Kimbell* again, and afterward', without assign. i some is proper advances to her, which she repulsed ;
in any cause, totally left and neglected her. About Ihe then promised never to repeat such Winn., bet he
sit weeks after the last meeting, she wrote to him to i di-continued his visite. At Christmas, 1810, she met
ki ow why be did mot call to Ott bee; but he sent no I him at Mrs. Clinch's, when he reneged the gnert•
/tidy. She then addressed souther letter to him, ship, lie eontineed to visit her at her fathet's boos.
a.ty log the was with child, and loving him to I till May, latt7, when, by bnidiug nut promises of
Lorry her. That letter produced the following reply :! a speedy n • go. he secoreptithed her seduction.-
" August 17, 1817. lOn the 11th of Fehreary 1818, she was brooglit to
" I received year letter: permit me to seed )ea these few bed of b ; the child Is still li • 'Eli,
a boy
hue. a• ii testimony am) alsetlitmee In yitit, m'ii. the Iltst time I
art at •. ,ng :n seer hossomed .elf. I hoer sae a 111 be ea the I Sat afterwards renewed his pcdmihe or trieltiatte,
pmdsti.iits .ide. I received year's at the 1616 imam*, and as` telling her it should soon he odded; but in Sutton.
soirii.eit. lam •Orry total, I roam* comply with 'nor re. her last he married Miss Cooke. 'rite witness then
ilor.i: ii 1.
'roved the receipt of the several letter, from the De-
*hal 11mnicin, I. and trout that reason liberty is preferable td felitsa„,.
me. At) opinion is. •hat you think Igo elwalirre t hat I del,
rid. or any other pm e, In ihe eiintraty. I here mate. their
0" coos!-eillminstions she said that her father or.
fart% I hope pm will tad +rearm/. things of that hind upon roar copied a vest many *Clef of (slid ; she could not tell
""""' ""re ar'"*"..1....."'h 'll",_ "",1 l'atr...• 111","1"._!,." er how enmity were his own ; he kept several cows, end
pennant open 1..1- •Ortrat. two-Moll'. • royal! •Of sof bane S lot
WOW apprise. to template
sarita.letfOlN. there will cause that she was dairy-maid.
time, I hope, whew affairs will aup far byroad 'wets. Martha Kimber said, that she was lite 'Period
ti ))) t aid if y 0 sleeve. If 0 i.h 1., WM,. I Will rum's bat I
04.4, rasher nets It aid odd great !newsmen are both tide., deoghter of the Plaintiff. The Defendant suited
therefore I slob tto hes-semen What more eau Issas atpraamatt. her sister Mary with the knots ledge and assent of
DotI" " 11
b.`". "'Pi( )our """ "/"1"". 1 I "le yee will her father and mother, and declared that he intended
attend to sour Wi aviary in respect of hitching."
Miss Kuwait. answered -his letter, and stated, that to marry her. He said to wittiest, " Miss, do peel,
that she much wished to see him, but he took no uo- take care to be ready es bride•onsi.l; it is to be ea'
iice of it ; end she therefore requested her sister soon as your sister Is ready : John Clinch is In be
Mast)), to call opi.n him, which she did in sevens. the father" ( meaning that he was to give her sister
ber. 1817, in her way from her cousin's. She then away.) Ile then ceased to visit her ; he curse bet
told him, her sister Mary wished much to see him ; some afterwards. At Cbristmes, 1816, they met at
he replied, " Relish, two stools I meat come to the Mrs- Clinch's, sad the Defendant then renewed his
ground." Martha Klaiber then observed, -44 You visits at her fathet's hours. At the request of het
must he a pretty sort of man to go to see two girls." sister, else wes.t to the Defendant in the month of
The Defendant said, " It is WO late to talk about September, 1817, to beg he would call upon her,
that n„4, but I will ennipami ~,,, your sister,o This when he s-tid, he ass afraid there was another gist
conversation took place on the Sstsirday ; and Miss in the family way with him ; and if there was, he
Kimber, feeling the situation she was ill, and the De would have neither of them, (iecause it would lesu
Pendant not calling upon her, went the following one in disgrace, sad be toeld not forgive hisisell..-
Turstlay, accompanied by her sister M irtha, within a Her sister wee brought to bed in February, 1818,
wide of his hoes*, sod sent a oily to him, saying she and the child was still living. lii November last the
much wished to speak to him. Ile came to them is Defendant married Miss Cooke.
the fold, and Mies Kircher asked him why be left Richard Butler, nephew of the Plaits;ff,a dein e posed,
her, ens' the reason he did not tell her of his intee. that in October. 1817. Wt
eetitt
On •
lion. lee replied, that he dad not intend to leave between the Plaintiff sod Defendant at Wititey.
her until weeks after he last saw her, but that he diil his entering tbe room, the Def-ndant, alluding to a
not know what le du, for he bail been to see another tgeaty of merrier between him sod Miss Kimber,
girl, end he believed she was in Os family way also; addressed him in these words:-" Your elide and I
bat he refused to tell her MIMI. He atter urdssaid, cutlet agree. I ask him 80(1. and he thinks that
he hoped the other girl was tint in the family wey, as (00 moth.
wI thiorthnk 8001. a
llair
sum ,!cause I exW
it woeld be a disgrace to leave a girl iu such a state, pect to be doebleself." TO
and he should not then know what to do; but if both, The Plaintiff
land said, he would gi
ve ve him h
ors
or
were in tbe family way, he thought be could not sheep, orsecurity, het thatwoold t (On.
marry either, as Not.ould not like to marry one and fine himself to 8001. ;he would give his daughter
leave the other. ing further happened dill the Mary a child's share. The Defendant then said,
45th if October, 1817, when Miss Kimber received " Blast you and your deeshter too." The Pisinliffl
the following letter from him :- was iii a grew) rage, and the witness interposed to
* Soso t.sss.-1 thooght proper to write to yes, aid from pievent any violence between them. Plaintiff said
the •zpiratiou ef lime. and the Kos I hem timed.Mavish .• see to Defendant, " Thee blotch my daughter 1 I'd
yur looser, t• proateesl as the buotans, fur I slus time.-
' sun heat Earriogdow fair Gm Wetmore, arm, Woo, ma sootier thee shoo, ,'st ten a knife thrs.no my body
Ttnitsday. sea/ Burford to
saterday. Therefore-if veer father than blotch my d i Wiser." The Defendant then
will see me, I will behave myself as well as passible it lay ia .4..,
wr p.n.,. cod I hope he well iihemile. you sod soot foe, !2.st " I did nut blast you and you daughter too "
cook I tred yen ill. :old I think of year father the sa 1 Witness said, " Yes, you slid. I most contradict
bin* yea and all the family are lot good health as lem at I nu.", Ile replied, "If I did, lam sorry for it.-
pr. ...M. William Cinch brought the news from Hauer. sod
p.... 11 I heard nt .1 i bus I beg ol 1t• keep it secret. I hope I .eve nothing to ray egoism the young woman;
•ito am retain use an.seer by Sir. Themes Clinch. 1 beg to she is a arty good kind of Oft."
fell•aln 'our timed etwdirat." On cross-rumination, the witness said, he slid not
Mos Kerber sutured this letter by saying, her recollect that his uncle said to the Defendant that be
father would meet him at Vitney on the Thersdal ; would ruin him.
sod her father, lieentripanied Its, his nephew, Mr..
Mr. TAUNTON addressed the Jery on behalf of the
Butler, did meet him ; when she Defendant promised Defendant.
to merry her, upon his ;lying her 8001., saying he hi,. Justice
iloteoTo summed op Ilse case, and
was, or should be, worth doable that sum himself. told the Jury that they were called upon to give the
The Plaintiff told him, be would give him horses or
,_ Plaintiff compensatiou its damages for the injury he
we
sheep, or he would give him landed security ; but
bad sustained by losing his daughter's services--
would not confine himself to 8001, as after his death
They were not to take into consideration any damage
he should give his children ell his property equally which she had suceined, except its so far es it went
bet•etti them, and he would not for the sake of one to embitter the (mine of the istsiotio, end to dimi,
insure the others ; and that he would rather the De' nish his fortene, by having his daughter left on his
tendert ban ran him through with a knife, than have
hands. 'there appeared no improper conduct on the
debauched his daughter. The Defendant said, that pert of the father sod daughter, Wept in her going
he had nothing to say against the Plaintiff's daughter,
to see the Defendant after the intimacy was broken
es she was a very good young woman. Nothing was off. Bet the Jery would take the whole of the case
agreed on at this meeting ; but in November theft.. into their consideration, and give such damages to
boldest, called on Miss Kimber, at iler father's house, the Plaintiff as they thught he mu entitled to rem
mid said he was then very low in spirits, having calvhe Jury deliberated for a short time, and thee
e.
buried his father, but shat it shoals, soon be oddeel, T
and it was time it was odds'al(meaning " settled," or delivered a verdict for the Plalotiff-Damages 5001.
that he would soon marry the daughter of the Plain. --mem—
tiff). He also stated, that his Whet had had a very
WINCHESTER, Jet* 13.
great regard for her, and had, in contemplation of
his martiege with her, left him all his goods; that his PORTSMOUTH BANE.
aunt had left him 1,0001., and his uncle would leave CARYttI ANDAISIONICIS OF MINCIIINI, CAI.
him %,0001., end that io a few days he would come VCR, AND WELLY V. TOLLBRYCTi 555105.
sod usher again. Besot slid, however, do so ; and on This was an action brought by the assignees, under
the 11th of February, 1818, Miss Klaiber was de- the Commission issued and awarded e
against the
livered of a male Child. About seven weeks after. , Portemouth Bask, to recover fromth Ddant,
wards the Defendant went to see her and the child, i 34611.34. U. the balance of an account doe from the
and spent the whole day with her. Nothiog then Defendant to the Bank. The defence to the action
passed as to the wistriage. In April she wrote him a was, that the Commission ender which the Plaintiffs
yew, and reeelsed she following reply in July ;-- were appointed assignees was net a valid Commission,
o et
retrieve, your leiter 40110'91b of April, and was on two grounds : first, that the petitioning creditors,
soros Ised at your Wiser not giving me an answer himself, with- meters. This.
NI Dumas, Peters, Mildred, and Co. had
not medal by Mr. Climb the enaleols; but mut MONO ore
not whet I with s therefave I raanet, atm ss ill met ester Jute no debt dye to them at
allte date of the Commission
OWN WINO i sad a. tot a child's slam I WWI la kaow "that which could constitete gal petitioning creditnes
that is. lam ant mhamell la own lam little I have; and, by i debt ..A second, th t the bankruptcy had been pre-
lims region. lam Inirptired at your father's offer. Veen &fief ...• ..... - 1
yea and I became ..espimated, your father and I um walking. concerted between the petitioning creditors and the
nue sudsy arterospoo I he was miring .bat he had 10,. WM Of ; hankruph.
bowl at his use, with pitydig a staling no •r two, *blob its- I -
deceit me to cam imiester
as as swan) ia.d my beteg Mr. Seafront Prot. opened the WO for the Plain.
led Ai by sorb lee words as them, has brought it to whet it tiffs, and stated the outline of whet was afterwards
really "1 and a. bra Iwttee to ittels_ree:el's_sleael "Ilielithieg - proved; that an act of bankruptcy bad been vim.
wits@ ..e ono.• to the riessrary, ...enrage', let ram be alsomee 1
he will, 10 he :attained of hiat.elf t awl fora person to lead j silted in London by Mr. bliochin, and by Mr.
to.other wader ...eh pretences as throe, sever ought to live.- I Carter arid Mr. Kelly in the country; the first by •
N et, there are diem is ihe world which take great &het IC i .en
I a ial at his then place of resident., and the others
iewitioe young people tat.. errors hi that deteriptiou i heel a
w j.l Dem ewe way In gosh pretences •hile lam able s• de- by absconding, using Hie word in the legal, and not
fend lai.nlf' Ia" nada" het fair plays ,"' turpia‘ all .In the effusive sense, by the partners in the country.
tat.-:.a.'d..." at 'alit" will
sat ramp; 1111 all "Pe". I 11 staledthat the how of Masterome sod Co. on
!iepe see am • ham onl act as yew think proper, sod as sows as e
r.o.ermieset I for 1 ease it willed some Way
an other SO MY -
which 'be ronsuloso Batik drew, um., as 'night
:„I,.,,,tl.l",,itet,:ssilltrots*,. Irrot yes with We's Ile cc ""re' a* hataially he upected, in considerable adirsues. to
tt Veer most ~Wiens 1 the house, and that, therefore, little doubt could be
•• "'KIT"' l"'"1.•"• • entertained that theta was a valid petitionitig cledi-
t• 1 hope.zets aid all the f.to'l:s Le iu goud
health,
a'
I ete , toi°ll debt. With firm to the other !Mot of tbe
4:p te/...1.•

bankruptcy having been precoocerted with the peti-
tioning creditor, the ,lery would be sati.fied that no
nomination of that description had any foundatioe,
end vii.h respect to the only renssining question, the
liability of the Defendvnt, that was regally clear.
Ilenry Brunt, Cie hest witness, proved 'he rte.
ration of a mortgage deed for apwards of 30,0001.
by Messrs. Mitichin, Carter, and Kelly, dated the
O!li of June, 1818; and, together with other wit-
nesses who were in the late Bank at Portsmoutb,aud
io the house of Mastermse and Co. in London, andl
in the houses of the Notaries, prated the ooe•pay-
meant of I bills to a considerable ataciontorbirt.
had been endorsed over to Masterman's, and di*
honoured by the acreptors when dee ; and also several
drafts, which had been drawn apon the house of
Mastermen end Co. by the Portsmouth Bank, which
became dee and payable on or aboet the time of the
baokroptcy, and which, of coarse, bad been dull
honeyed. There sensitise proof of an Facise diet
far upwards of 0001. drawn by the F.rtsonoutt.
hark, having been presented to Messrs. Masterson
and Co and refused by them.
‘Viinesses were then examined to prove the acts at
bankruptcy, and Sire. Bowers, whe keeps a lodge
bag-halite iu llowaril.street. Strand, proved that a
lodging lied been taken for a Gentleman she was
c.lted Mr. Forster, but who in fact was Mr. Min•
chin. Pelicans railed than, but she could not say
what their business was. Ile was only there one

Mr. Drugs, the gnlicitor to the Commi.sion,
stated another act of Mr. Minchin's absenting him-
"lf.
Marlin Sholl, the younger, also deposed to Mr.
Alincltin's directing himself to be denied, and of per-
sona calling to ask for him.
A post-boy, at Ports's, pinved the hieing of a
ch.i.e at ooe or two in the meriting of the 10th of
November, the day on which the Commission isyned,
and that he drove Mr. Carter and Mr. Kelly to Pe.
tersfield ; and the ',taint% of those Gentlemen proved,
that they had left home early on the morning of the
10th, and that they did not return for a considerable
time afterwards. The neat witnesves proved, that
the banking-hneets were not opened on the morning
of the 10111, nor afterwards, and that persona tame
to demand pa)ment for notes. The last point made
I was, that of notice having been given to the Defendants
calling upon them for payment.
Mr. Casitatun, on the part of the Defendants,
with a considerable degree of warmth and energy,
opened the defence, and contended, that the Commis.
glen could not retort for a moment, inasmuch as the
J.try could euterisin no doubt upon hearing the evi-
dence which he should adduce, that the petitioning
Clellit.)11 *Pre privy to this concerted act of hank•
cowry ; and, Ottrefore, though the Court of Chan.
coot hod held that a concerted azt on the part of the
bankrupt woad net inv•lidate a Commission, yet,
with the privily of the ['vitiating creditor, such Coa.
miv-ion could ant moil for en initant.
Mr. Thomas Mlothin, the youttgcr, the son of one
of the bankrupts, temembera striking the docket;
was acquainted, and banked at the hoof of Alat.ter..
man Sod Co. ; Mr. Mildred area a partner ; his father
came to town on Monday, the 9th of November, with'
notes and hilts to the amount of 111.1X:01. to cover tbe
Facia' draft of 14,0(01. but was told that it had bees
refused acceptance on the Saturday, and therefore it
would be too late to attempt to maintain the credit
of the Portsmouth house. Mr. Nliliired expreved him-
alt readyt• do whatever the Mr. Ms. thought advisable,
but conceived that nothing could save the creditors
general!) from the consequences of expected events
bet a bankruptcy ; to accomplish which, he gave
directions to the en Less to see out a Commission, and
to find out acts of bankruptcy in the hest way he could.
fhe witness immediately proceeded to Portsmouth,
and advised Messrs. Carter and Kelly Immediately to
proceed to Loudon, in order to avoid the cense-
garners of the estentsvpon their persons. With this
advice they coughed, and went off as described.—
The witness also directed the managing clerk at
Portsmouth to get persona to demand payment of
notes, is order that a stoppege of peyment might be
established. Tne wituen said, that he had no other
than general directions from Mr. Wilted, and that
Mr. Mildred had never since been informed of what
had been done. His directions were to take cot the
Commission, but no particular orders were given,
nor was there any privity on the part of Mr. Mil-

dyed.
Mr. Strjeant Pet.c, in reply, conteoded, that it was
impossible so respectable a hoosa as that of Master.
man Bed Co. who had so little interest, and no other
desire than that of serving the Portsmueth house,
could have intended to have been parties to any ilk.
procediogr. They supposed from the known in.
solvency of the parties, that acts of bankruptcy most
base been already committed. and therefore that it
was only to follow op those acts of bankruptcy for
the general benefit of the creditors.
Mr. Baron GRAHAM, in seaming up, took of all
blame from the hoese of Mattoon, and Co. bet that
of inadvertency. The question for the Jury to coml.
der was. Shelter the directionsgiven by Mr. Mildred
to Mr. &Durbin, jun. did not make them responsible
for his acts, and mad. him so completely their agent
that they could not free themsialvea from the cons,.
worts. The Learned Judge praised the !mailer in
which Nlr. Mint hi,,, jun. gave his evidence. soil took
a luminous view of tie whole case, but chiefly direct.
ed the attention of the Jury to the above pint.
The Jury retired, and selaseqweittly foll.,wed the
Jndge to his lodgings, where they were called in rove.
rat times before they could settle the veei
irt. o hich
at last was given for the Defendant. by which the
Commission is tirtually done away with.
The trial lasted till a very late hoer, and the Court
was eacrsaively crowded.

I'o LICE.
--as.—

Bov-rram.—Yesterdsy, Win. Skewering v.s
charged with Waling aquatint)! al lest, the !seaport)
101 tlnt Dike of !Lent. J. Tsp.,. • modeler smith at
Bayswater, was charged with 164440,1 the same.—
Sly rwam was watched catievying the lead en an as,
t • Ay sober Pli•euet's house, abiitiVtliter week+ age.
aid the haws beim watched, several nihrr articip,
of a suspicious isatere net.. foetal. The rtisenot•
nevi takes, lute custody, and mime ton essnionsit•••
discharged for wai.t of evidence, since skirl' eke
Sawyer of Castlebor, lb, seat of tkie Vote of late',