The Statesman.
London, England, 1823-01-16 00:00:00

, . .
"TA* Canoe Jim ',Aid lump/mit m in lie nekl, as srnsgr &a ea de Seedrelel!"

COURT OP KING'S sB cN. OctLou,t,, J&x. 151

armpits r. noctoit.
This was an ;vine directed by the Vieethaerellor, to
try whether certain bills of exchange, to the rommint of
4401. were preveahle on the 111th of May, 1821, by the
AsAgnees of Messrs. Sawyer, 'Voider and Company.
Wader the Commission of John Sody Rains, a biscuit
taker, residing in Wapping, who bedews a b.unapt in
that year.
Mr. STARR'S having, opened the ease;
Ths SOLICITOR GKNLRAL stated, that the bille in
renestion had been drawn stol endorsed h, Keine, and
aeseptell by Joseph Los -bland. and were turn heeded by
Rune to Messrs. Sawyer. Tobler and Company. in saris-
&ellen of claims which that firm had upon him. The
1.1114 were osmie payable et Messrs. Roubsile's' but before
I y became due, both &bleated Lockleadhad become
ba krupts.
hir
_... - - - -
itemises were eallil to peeve the presentation of the
Ail* and their dishonour. TIM bankruptcies of the par.
ti were admitted.
. Sesemapr, OR the part of the defendants, said, the
firs nestioa was, whether notice of the dishonour of the
bill was not necessary .0 have been given to entitle the
hot rof the bills to prove them under the estate ; and
that he Solicitor fienerel ought to lose. proved Maine
was lot to be found. A second objection was, though
Maisel was a bankrupt, yet hie ztssignees bad the
manakement of lois affairs at the time the bills be. am-
due.add though the bankrupt could not have been found,
yet that the holders of the bills could have found, and
have given notice to the assignees. He contended that
It was the duty of the holders of the bills, if they
thought they hash any claims on the estate of Keine. to
have given notice to his assignees. It was, he knew, a
great point agitated in the Court of Chancery,
whether notice was nee..ssary to *vigil, es? lie
was aoi aware that point hail Peer been decided;
it was a point on which both the Lord Chencellor, and
the {die/-Chancellor had, up too the preseet period, de-
clined to give an opinion. I* might turn out that par
ties were not bound to give twice to assignees, if they
did not know there were assignees. Another thing to
be proved to tba satisfaction of the Jury before the
plaintiffs could recover was, that they must give some
-xplemi,tion hew the bills came from ti e landau( Messrs.
Uortgeet The last objection, however, was the most in).
portanti'k it was that these bills were given to secure
money Wit upon an esotious.consideration. The man.
nee in whisk these hills camointo Use bands of Messrs.
Severer, Toblet and. Company, was Oast—Lace, the
heobrapt. was a bakers he (the Learned Counsel) had
heard It 141, indeed it had almost bee:enlist' proverb,
that a baker, never made a fortane ; be believed it was
trio with . the inception of one, whom he had in his
Mind. who as exceedingly rich. Tito transaction be.
tweet Seel* robber and Company, and Itaine, was
1111s—Relarfeeiag preened for money, had made applies.
time o Si/tide and Company for the loan of 1,00111. for
which 'mil was to pay 1,3801.1 to obtain this enor-
mous
15r*
in tsjfetle contrivances 'was necessary—
what wo We Inry consider of the expedient of get.
Hog Rain* to ester late is atrangetneet to allow Saw-
yer and Company to ship goods to the amount of 1,5011/.
to Italy, selecting wind pads !hal/eased, selling them
for what they pleased, end IC . essonsnission of 3
pet cent. upon this operation, whi was to be repeated
four times before hills, 'risks were to he given by Hain.
fur this loess, should become doe? By this method they
had an interest of SO( per cent. for the 1.0001. It was
(stipulated if Heine shined repay the 10001. at any time
within the !Smooths, hotesight put an end to any for.
they shipment; that vale the hest tranmetion. keine
did nut fled it tonoreeieet)o repay the JOWL; he soon
wanted more ; be resorted to the same. parties a second
time. when they adianced him 2,0001. the gave them a
bill for 3,11110/. at 13 ,months, and they weretto ship goods
to the amount of 3,1100/. in the same way as before. Upon'
the tertnination of the transaction the hills in question
were given ; there was the 3.00111, for o hick he had
given bills when he received the 0001 which, with the
interest, insurance, commission, and other charges,
made up the 4;43111. Thu question then was, if this was
not an usurious ireemetioa? He contended it was
a mere shift and cootrivsnee to get more than the
legal interest, and he trusted the Jury would defeat it.

Mr. BAXRDIDALII, Solicitor for the Commisitioit•4l
Lockland. deposed that the bills were proved nosier Hut
commission 1y Meurs. Hodges. ;
Upon au-tttelspt to put in a letter from Rains to
Sawyer and Company, it beiges' necessary to call a'
clerk of. Messrs. Sweet and Stoles, Solicitors, for.thitt
defendants to prove some notice, when he was cross:ex-
amined by the goatirten liestan•x, and stated tbitt
Raine absconded before else commission, and bad newer
surrendered.
Mr. Coniberledge swore that he was a partner Ulla,.
house of Sawyer and Co. in May, 1817; Mr. Simi, a.
tuartaging clerk of Keine; RpOlitll to their house tai
loan of money. or rather to enter into a connectios whh
their house, for several purposes, and no doubt the let-
ters produced were received by Sawyer and Co.
Upon crose-examination the witness said Sims pro-
posed that the lame of Sawyer and Co. should ship
goods on Mr. Reine'a account. The proposition to ship
goodie came entire) y from Raft—Rain* was in an es-
treme large way of business, having six South Sea ships,
and shipping goods to St. Domingo, Italy, and various
other parts. The shippi.og of the goods having
_gone
on for some time and turning out disadvantageous, Refine
was told Messrs Sawyer and Co. wished the business
to be terminated forthwith; Roane was requested to
give souse security for the money Sawyer and Co. ad-
vanced, as well es for the probable loss which might
arise on the adventure. Rainy upon this sent Sims to
see how the account could he settled, tibia was done;
upon their receiving these bills, all other securities end
paper were delivered up, and the goods that remained
unsold were to be Sawyer and Company's. The a hole
loss which had resulted to their firm, a ith the interest'
upon money advanced, exceeded 4,0041 L At the time of
the arrangement there was no ides of Raine's being in-
solvent ; so far from it that Sawyer and Co. had further
transactiont with limn up to the day when lie alivonoted.
They advanced Lim 1200/. shortly before he ran as ay;
the whole of the Ira worths') of the Phippinr of bonds
was bona fide, and not a colour to conceal usury, and
the ',nary., w„obt have been the same if no Lille had
been acequell.—Hodges soil Company held the bills as
a security fur orioni lent to San yrr Coutip..ny, to
the aniontit of 1,61,0 f. After Hodges had proved thew
under Lockland's coiretnisai At, he gave them hark at the
request of the assignees, upon a security, to account to
theirs fur the dividend. The tulllWlasWa was two and 4
half upon the goods sent
The SOLICITOR URSCRA L, in reply, contended, :bee,*
was no ground for the (image of usury which had been
made—the thst objection as to the notice had been dis-
posed of by Mr..Scarleit's second witness, who stated,
Rains kad never surrendered to the commission. As to
Mb second objectiOn of notice to the assignee., he was
`satisfied the Court would say it was not necessary. ,As
Ito the bills being in the post:ssion of Melina. Hodges,

PRICK SEVEN Piiili

el It had hero most satisfactorily explained, rod afro
viii as littlit in thii as in the other two objections. The
only resn4.inine paint was as to the usury. • That was •
most eitraordinary charge—the papers woo not at all
inconsistent with the account gives by Mr. Comber-
ledge ; the goods were to be purchased os tbtl etedit of
Sawyer and Co. Tke whole transaction was regular
commercial proceeding. Accordiog to the useektiOny of
the witnesses, it was clear, that Rains was mot the poor
baker, which his Learned Friend bad reprethoted hiw
to be ; there was not the least fmndation foe that state-
ment, nor was there any reason to think that Masts.
Sawyer and Company believed he was not in the moot
solvent cirenenstances. Upon these grounds he Mt ea-
oared, the plaintiffs would ant be dissppoiatsd in Sisk
expectations of a verdict in their favour. i
The LORD Unite JUSTICE stated the aalluse.taL
Ines 14 av oadeirtiailesh she itHdirsee. tie/deb in an.
need the several ohjectiOas raised by thiLea,ked Cosh
sel foe the. defrodutts ; be considered. the queotton of
notice td the bankrupt as disposed of, in consequence of
his abieowling. Upon the second objertion, os the
point of law, as to the necessity of notice to the as-
figures. he should rule that it .was not necessary; he
thought the possession of Use bills by Maus Hodges
had been fully explained. With respect to the re-
maining and material question as to the transeotion
being bottomed in usury, that was entirely a eUestion
fur the Jury.

The Jury found for the plaiatiffe.—Damages, 4450).

PETRIFYING SPRING NEAR PERUGIA.

A IParnpri gentleman, who has lately visited the ce-
lebrated baths of San Philippa about fifty voiles from
this ancient city, has exhibited erveral casts, which are
remarkable fur their particular sharpness and peculiar
beauty.
They are produced from a petrifying spring, wtich
is applied to the formation of cameos and varlet)* orna-
ments. The process is very interesting, and is as fol.
lows t

The spring lanes from Mounts Anklet°, about four
miles from Radicofani, on the route between that town
nml Sienna, and is slture abviit half a mile from the
road slde.The waterlis in such quantity as to form a latge
torrent, and so hot that it cannot be borne by the hu-
man body, at its source. Very anciently baths Were
establiabid there, aid are still kept up. They are call-
ed Raged de San Filippo. The water is perfectly trans-
parent., but holds in solution ti considerable quantity of
sulphur, and an immense portion of carbonate of lime.
Soon after the escape from the mountain, the sulphur is
first deposited, and then, the earthy matter, in such
qnantity as to have formed itself into a smell mountain
some hundred feet high, and nearly half a milt: in
length. This constant deposition of fresh earth is con-
tinually ehanging the place of the spring, and gradual-
ly approaching it nearer its sours.. in tbe mountain.—
(if this petrifying water. advantage leas been taken to
form casts, nearly in the following manner:

i

OA

An impression of the medal is irs t taken is sulphur,
or, what is still better, on glass, and the impressed
Kure or mould is then placed is the course of the stream
to reseiver the deposited 'natter. As, however, IA hie.:
sirable that the dissolved earth be deposited in a cer-
tain state and condition, a series of three or four pits
are sunk in the earth, at a short distance from each
other, and communicating by means of tubes. fn these
pits, deposition to a certain extent is successively made
till the water at length arrives at the lest stage, refibed
as it were,snil charged only with its desired quantity of
earth. It is then tirade to fall through a tube, on two
pieces of board, two or three inches broad, placed cross.
wise, the effect of which is to break the stream, and
throw off the water in all directions. Beneath this
grossed piece is smother similar one, and a third still
lower, but all of them crossing in different directions,
the more coinpletely to break and disperse the column
of water that falls on them. These crossed pieces are
then surrounded by flame-work of wood, of a pyramidi-
cal form, within which are arranged the impressed sul-
Ours or glass, previously touched with a solution of
soap, to smooth the surface, and facilitate the subse-
quent separation of the cast. They are disposed all
round the pyramidical case, and placed somewhat ob-
liqaely forwatd, opposite the several series of crossed
sticks, sad **the distance of about a foot from their ex-
tremities. is Ale positioa they receive a continual and
eqtrablirdath' 6f 'the water, which deposits its earthy
meter be the 'impressed surface, and which matter
takes, wilt' tbergreateat fineness and precision, the ti-
pore of the body oti which it consolidates. The cast,
thee libialited, may be made of any thickness, but in
oriel, figures. It is rot, wooly from one eighth to one
roar* of anineh. The lime employed in its formation
is teb or twelve days. The pyramidical frame is of use
not only firedisposing the moulds in the manner de-
scribed. but also fur guarding against all currents of air
which might diet nth the process of deposition. It is nut
designed, IttOrever, to exclude the whole entrance of
the air.

This nsanufactury was established by the late Peter
Leopold, who so magnificently patronised all the sci-
ences and arts. It is a present under the direction of
Signor Pagliari, an artist of great ingenuity, who rea-
dily explains and exhibits all the stages of his procesq.
His charges are in I..oportion to the dituensiena of the
cast.

For a cast of one inch diameter, nne PAW, or 301
F.nglioli. Too and a half incites, one Paul ssd a half
four inches, three Paula; Goe inches, six rash; sit
inches, nine Paulo; seven inches. ten Paula; eight inch-
es, trieuty Paula; ono foot and slx inches, flinty.

By an ingenious variation of the process, he is able I
to tuna a cast of different coloured marbles. so as to pre-
vent a %bite figure in relief on a blue or yellow ground..;
and vice versa. This is done by first forming the east,
Lite as suso..l. then separating from it all the parts not !
projecting in relief, and exposing it as before to &se-
cond process of deposition, from water previously co•
looted The coloured set boosts attaches itself I. the
white figure, and this forms a ground on the stratus&
of coloured inatts ron whisk the white matter reststbut
its a manner so as to torus one solid and continuous sub-
stance.

Tus I,gwlsnast lllUKUlik.—Jobe Coleman, mho boa
been fully committed tir the murder of Jaunt SUM.
Esq. at Lewisham, arrived at Maidstone Prison late oa
the ev nine of the 6th instant. He was accompanied by
‘Viiliam Smith, a nephew of the deceased, who stands
irmantled for further examination on suspicion of being
an accomplice. On Thursday night, Robert Smith,
James Smith. and Jan es Wehster were also brought to
i the county gaol, charged on suspicion of being con. .
cerned in the said murder ; the four last named pi- mos
are to undergo Another esamimitio:: at the Mitre Tavern,
at Oreeno ioh, on Tuesday the 21st instant.—(.litaidaforse
Journal, Jaa.l4.)

A