The Statesman.
London, England, 1818-10-15 00:00:00

Tl-11 r, RrifirrirAN,V4? '

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lirSo ORTITORb' COURT.
!,-,
• Yeitterdis the' Eitiingii• of this Court commenced
after Oa vacation, before Mr. Serjeant Itusiateci•
Tow. There tweet was a more numerous list of ap-
plicatil•ns then et present. Silty-nine were filled for
heliritig yesterday,' seventy-two for this day, sixty-
ii% for •to.morrosi, end forty for Saturday. The
proceeding' of yesterday were mostly uniuteresting,
except to the parties.
ColLeel Thornton Gould, of the Nottingham
Aire Militia, was brought up to be re-heard,
having been formerly remanded for a defective oche-
dills.. •
The first objection taken istslost the Defendant's
discharge was on behalf of the creditors in general,and
amounted to this—that the Colonel had shown an
unjust preference in securing by an assignment of
some stoat, the arrears of •an annuity which he had
granted to riasißenjainin Brown end others.
It Ippetirild that 10,0001. was invested in the
stocks', in the names of Trustees, and that the Colo-
nel was only entitled to the interest accruing there.
r frpm.The Colonel, in March, 1817, after he .had been
ri considerable time in custody, assigned over the di.
iideisds arising from the above-mentioned sum of
WOO). to secure the arrears of annuity at that time
due. It was contended, that as this transaction had
occurred during the' Colonel's imprisonment, it was
unjest preference to the annuitants, and was such
as was expressly declared by the Act to preclude any
prisoner from having the benefit of the Insolvent Act
extended to him.•
It Was contended on the part of the Insolvent,
that Ibis assignment was granted under such circum-
stances as did not make it an undue preference with.
in the meaning of the Act, because at the time it was
made the Colonel had no intention whatever of taking
the benefit of the Act, conceiving that his property
was sufficient to satisfy the demands of his creditors.
The Court was of a similar opinion, and over-ruled
-the objection.
The next ground of opposition wag, that Ws sur•
plus, which the Defendant stated in his schedule as
.sufficient to satisfy all his creditors, was nut distinct.
specified therein ; but it appearing that a suit is
at present pending in Chancery against the Colonel's
Trustees for the recovery of it, the Court was of
opinion that it was not in the Insolvent's power to
state it in more express and particular terms than he
had done.
Mr. ANDREWS took the nest objection on the be-
half of Messrs. Moseley and Co., arms-accoutre-
ment-makers, Piccadilly, from whom he contended
the Colonel had procured goods and cash at a time
when he was perfectly scare that ha was in insolvent
circumstances. The facts were these January,
1815, the Colonel sent an order to Messrs. Moseley
and Co. desiring a supply of hats for his regiment,
'Which w as elecuted accordingly. It was contended that,
*that the. army.accoutrement-makers conceived thefts-
selves guaranteed for the payment of these supplier
both by the Colonel and the Government ; that the'
'Colonel was nothing more that the conduit through
which the money_ was to pass ; and that the Colonel,
aving teceived the sums requisite to defray the ex•
pentes itieurred,- had been guilty of such an act as
ought to•prevetit his dischege. This objection was,
however, aeleittinently given up, and another taken
on She totloWing grounds:—That as the Colonel went
to thiiiiers'Beitch inNovember, 1816, and mutt,
'the iifore, liateknoirn himself. to have been in the
jives of a jail •toe some Months previous, he acted
'46114,1y Messes. Wiwillity.andCt',. in getting
Ali of ibli,Une for 451., the
fiber fey 160 i. ' Atidiews here read two letters,
itleAnt of Which 'doted 15th May, 1815, de-
&Pig that' they viOutti accept a bill for him, at
loin mom ha,whioliwas payable to Misers.
in Goldeitkiettle; the second, detest '4th /stir, 1816,
desiring that they 'would Wept a Mil ter. 1001.- pay-
able at a month, for Which, if 'they accepted it, he
would transmit theist another, payable tie dap be-
f fore the former bills bedame due.
:The Learned SEIL/AL4i 6beerted, diat as it ap-
peared that tine debt for which they opposed him was
of a much larger amount, being about 4061.er 6001.,
he could merely consider it as a common debtor and
creditor account, and could not think of remanding!
Mtn upon it.
Mr. ANDREWS, who had appeared very confident
if success till this stage of the proceeding, then rib.
ierveil, that as the Court bed over-ruled his 'Nee.
tiort, he almost aespaired Of his fetere opposition.
Previously, however, to giving up Ms objections, he'
'should take the liberty of asking Col. Gould some
questions.
The first question was, whether the Insolvent was
Colonel of the Nottinghamshire Maisie at the pre-
, sent time?—llia answer was in the adlrmative.
Did he receive pay 2—No.
V'to at n the muster.roll which the Paymaster ,
sends to Government in order to draw the supplies l:
—Yes.
floyou or he drew for the contingencies 2 Bailees.
To what do they amount annually ?—§(11. /1
To are entitled to the surplus Yes.
T.'o tw e may (bey amount annually 2—To oboist
.fOl. or SOL on en average.
Did you 'levee state that they were more conside.
nike to any perian* and that you were willing to
•
them ull bad - never represented them as
fie, but had declared his willingness to give
it,. in up.
r. ANDREW:Ii finding that be could gain nothing'
hg this exeMlnetigii, gaits it' andproceeded to t?"
up, is
Inger objection. Which he took on behalf of another
tieditor„ Bald, George
-••at• • ? •
'this Gentfimalo tell a bill for 3001. which the
• • 1:-. ,
►cpionvl, bad Oen to: a "tit Morphew, nowfbecomyt,
kin. Bear'. fbc Oita'''. kids_ Intl Which. haa sinete, eta
. •
,tfie iota* of 'neeotiation,l'allin into the hands of
'Mr. WOni incry)49 9 moo"' lie.
lo the St: * '61101: ' • "".
Ors IA (ruler into lite nrigleil
VAwas.infurcupted ht. kir.
voMi.WOod "was bet the
I', Mr, Aly'rood Could not enter
;10 original manner itiOs
'Re hi, remedy tigifitif
O‘ipirmow 4;1 caogual;lisrstUttheentsra.,
Alft4C. fitalts end alai
t-r

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Mr. AR AIM( 4410Ihed 'CA•1111i OA* 4111 WNW
of Geo. Ambito. Thiaokipotiou was founded on tile+

following grounds
The. olonel had granted an annnit.f.(oC lhiuk, of
1001. per year, but did not heir distineU)'to Gen.
Arabi'', in (earn for 6001. witiCh 'the tension in-
vented. This *as to he secured on la tom of 9,64311.
1 breveted in the bong Annuities, etc which paintemell
sulkies had been grunted. . :1,
To this the Cponr. replied, that t to Getaesral 104
:beep himseg (mill of negligence, in not esaminirig
the Artniiiy Borniment Ofgce, where be trilght basil
7licovered Whit lucumberances were epon tte priel
rt
pe y.
A secnettgroead of objection wet, that the Cosiqv
nee had not this property at all in the Long Annie,
ties. The reply again .was, that if such was 1.141
case, the General. bad been guilty of negligence lai
not esernininewhether the Colimel had the property
in question, a caution which he might and ought to
have exercised.
This was the final objection, and being, like arY
the ,others, over-ruled, the Colonel was 'declare',
entitled to his discharge, to the evideni satisfactieu
of the numerous assembly' which attended the Conti.'
Edward 'Heron Lee was oppose* for contesting la
property.
The Defendant underwent a very strict minis*.
don by Mr. Amounu.s. how' which it'aptured 001
he for some time occupied a cottage at klerklamp-
stead, 'but bed no furniture of his'own, ati the w hole
belonged to Ms brother, Wm. bee, wifirarpeeeent
Lives in lAasheth-marsh. • I
slts teas farther esamiMd on this paha, when be
adatligod that the properly, had belonged to his wife,
hot was sold to his brother, who paid a debt for him.
It was her properti for years before he married her.
Ills brother paid tile 'debt 'to a Mr. Shuter. It ap-
peared that the jasitivent 1111(1.0w same bed, table,
&c. in prison as be had in the cottage, though he al-
leged they belittled to his brother.
Mr. Serjecit RUNflffaTOrt left it to Mr.:Adolphus
to say, whether, after such-a disclosure, he would.
proceed any further, as no hill of sale seemed to have
been made out. His Impression was, that the Whole
furniture sea still the property of she Insolvent.
' Mr. ANDaews, for the insolvent, was willing
that the Petition should be dismissed, but he would
not admit there wai any fraud in ,the case, though he
owned he could mike bet a very Weak defence it. the
absence of the Insolvent's brother.
Mr. Anoceuus des of a•quiti• contrary opinion,
and contended that the• wbvle transaction *as .a con-
cealing of property coplrery. fo The In-
solvent most, therefore, be reiended.
Mr. Sergeant RUilkiltdTQM &Ned 'Os • was 60
only thing ha coned ao; end the insolvent was, of
course, remanded fee concehlieg his property.
A great number mete discharged on amount of
not beg opposed, bet the Learned Serjeant very
strictly !emitted, those whose cases seemed to suggest
any doubt.
John Smith, from Chatham, Who Was formerly rilt.l
mended to afford Mtn en opportunity of bringing tot..
ward a person to whom he had mortgaged smuttiest*,
bold properly, was this day brought upend completely
Wished the Court of his honesty add fair conduct.
The Cozen? considered hint entitled to his discharge,
in which Ole opposing Counsel acquiesced.
POLIG.K.
Gutuntets..--Edteerd Jones, a Mots e teepee.
able appeatance was yesterd.y brought .before Al.
derman WAlTtistAff under the following dream.
stances :—His wife said he was a law stationer, and
had been married to her 10 years. Thee had flea
children, notwithstanding which they were eery oh.
happy in each other's company ; and after Many
separations, the consequence of his violence, they
finally parted about tillp•years since. Her bottom!
did not improve in hii temper by absence. He lies
came almost ferocious, traced her to every dwelling to
which she went for refuge, and threateaed to take
away her life. Her fears were in particoltr tolteltdal
by thefurious attitudes lit *hitt( he eppeered ; for it
was not unusual with him to order her to +tepee* I
for another world, and at the some time hold * creel
knife in her throat. It was also his castoff' to put d
penknife under his pillow. Lu one of these AN, 41
cut his own throat, snd was in consequehce tote
in St.. Bartholomew's Hospital several months. After '
this she had not seen him fur many months t'
howeser, traced her to her residence in Anget.itsek,
St. Martin's-le-Grand, and acted most ortrigetrasly,
on pretence of a desire to see his children. The Ms.
sisteere of the Police became necessary. Ile sots-I
mitten to them on condition of being allotted to VW
Ms children nett day. Oa Tuesday he time for that'
purpose, and acted rationally until they appeered...—
He theft seized the eider child, swore he (solid take
kit awry, and swore he would murder the *amiss
if she intetferini. He ran with the child into tbrl
street, and threatened destruction to all who thootd.ll
ettillipt to oppose him. An officer against whote.l
Mt tits 'hoc to ate a Large stick Which he brandish-
raj)* hold of hiar,undtke child haring been thus re-
scued ran to her mother. The Complainafit dal edt
Indebted to her huiband for support. leis Means
Were good, but she had been mane independent 01
him by her mother, Who ensiled her on bet deatillis:
hen to ureic, him. al-
Aldermen WArrllltAlt asked Mrs. Jan's ertidtt4e'
She thought her husband eras vane or not. The Cern-
phinant mentioned this eondoct of the afffertuttals'
Iffirtt as a ;Woe!' of the contrary. • ".:1
A Gentlectran in the crlgte said, he knew lhia
'goner had, in a ht of passion or Mennen, cut his
throat two years ueo.
The Prisossor said be loved Ms wife end trilhed to
Ave with her. He loved his chanters tot, me WO
*unions to watch over their ibteres(ll. •

--WlttrintAm, haring consulted with
ton rorttOti dequainted grfth the perthit, ead, •he
rioter knew t carne of greyer tatigation. Yore, NE
rvaia, w*t g • *edit& of great ovect tuOiSert•
"Fivrektit-iiiittcottog her elihdreit •at .fte ogYft ettkiftei
whitehettiligtiaritl; *lto fOo4 noiple delight, to w& able
'cfert4 theiti the gfighistst, aggitianite. 11141 *MI Otis
firgeproecirthle, if theft wet nd other .tit4of • dflt titan
Ms iiist to life with her *On. We Mg* wield hie
cum:art be gieditried for F. The'Attf.retie thongtot
'the iilotf adeliebke,oorie Weitd.ire to gelid Mr. Joie,
',Oat* to tllf edlitter to otnieigo tiettitlitereittotteo.

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