The Statesman.
London, England, 1820-02-16 00:00:00

VIOTTI! V. NUTT.

This was :In action to recover Irmo the defendant a
sum of 46/.'_'•. paid in the plaintiff's oar house, under
the folbswinz rirrnntstances:—
The plaintiff had been a cheesemonger in the Borough,
anti the tleico.lant a chrese-factor, who orrasionally sold
him goods. he plaintiff's affairs became rinharrasatill.
and he proposed to the whole of his creditors a compo-
sition of 4a. in the pound on the unionist of his debts;
the derma:int interfered wills those primiples for those
whom he acted, and avert( to Agit the deed of campy.
sit' for them all, wills tin exception of one named
&ram, upon whose &lit he insisted to receive 7s. in the
pound ; and the ditirre”ce between 4s. and 7.. on this
assn's debt nimbi amount to 46/. 4s. The defendant
resisted all application to abate this demand. and an in-
fruit/ter Runic same between him, air plaintiff, anti his
wire, at the cligmhers of their attorney. The defendant
positively refused to sign there, except on the conditions
'mentioned, and the attorney retired. leaving the parties
to settle the difference. Ile returned after a short thaw,
and then the defendant received in his presence the roar
position at 4.. anti signed the deed, anti the wife of
Smith, the plaintiff. expressed herself extremely thank.
fill to the defendant for the care and trouble he had
taken in the settlement of her lonshand's affairs.
The Attorney, who was examined, could not swear of
his own knowledge that Mrs. Smith had paid the 46/.
to the defendant daring his absence; it slid not appear
in evidence that the money was ever handed over to
Evans.

.........
Mr. SCARLRTT and Mr. 6CRYNT conducted the busi-
ness for the plait elf; and Mr. CAMPBELL, for the de-
kndant, strongly reproved, in his address to the Jury,
the shabby anti ungrateful conduct of the plaintiff. in
bringing this action against the defendant, after ac-
knowledging the trouble he hail kindly taken in the
settlement of his affairs, instead of bringing the action
against Evans, to whom he must know the money was
handed over, if lie really had paid it to the defendant;
but of that fact the Jury had nu proof farther than by
inference.
The Cuter Jurricg, in summing up for the Jury, told
them that the law ou this occasion was, that no man. in i
signing any composit: on such as that in question, with
the number of other creditors, had a right to receive
underhand any money or security in consideration of
his signature, beyond the proportion accepted by the rest
of the creditors, because, in so doing, he would have
been guilty of a fraudulent collusion to deceive them ;
and the debtor paying such money or security, would he
ion m entitled in act to recover the su art 4, _I n this.
osi
case there certainly was no positive proof that the 481.
was paid to the defendant ; hut there was enough of evi-
dence for the Jury to infer whether it was or not, front
the transaction, proved to have taken place at the attor-
ney's chambers. If the Jury should think that the
stoney was paid to the defendant, he hail not availed
himself, as lie might have done, of the evidence of
Evans. to prove that the money was paid to him; and,
consetptently, if the Jury thought the money was paid
to the defendant by the plaintiff, their verdict would be
for the plaintiff.
Verdict accordingly—Dainages 46/. 2s.

--.•.--
RONIERT OF TUlt DRIPTOL AND °TRIM seams.
Maxstov-House.--John Paanifirr, alias the Duke of
iirelliogton, was again brought up fur examination on
this charge.
Mr. Hanlell stated, that he came np.to London from
Bristol, by the mail-coach that was robbed. There were
four inside passengers. Witness was an outside passen-
ger, becanse all the seats within were engaged. When
the coach arrived at Marlborough, he supped with the
four inside passengers, of whom Paunifar, the prisoner,
was one. He should not have taken particular notice .1
the passengers, had not their conduct struck him as very
remarkable. When the guard came into the room of
the inn at Marlborough, the four passengers suddenly
desisted from conversation, and acted ids if they wets
not acquainted with each other. Hut the moment be
went out they were quite familiar, and called each others,
tt Toni" anti " Jack." As soon as the coach came into
London, two of the persons got out at Kensington, and
the two others got out at the end of Sloane-street.
Harrison, the Marsbalrnan, stated, that ise,searebed
the prisoner's lodgings In Leather-lane, and found thesea
portmanteau, .in which were four skeletoa keys, one
of svhich fitted the box of the Bristol mail.
John Wiclielow, the driver of the Bristol mail, staled,
that he drove the coach on the night it was said to have
Experiments in the niathematics, in mechanics, in all been robbed, from Newbnry to London. He did net see
the arts and sciences, are always considered as philoso- the inside passenger distinctly, but he recollected the
phical evidences, by which we arrive at indubitable so- lint witness, who sat epos the box with him. The in-
lotions to intricate problems, and regime to a certainty side passengers left the coach as bad bees described by
that truth which was before involved in perplexing ob- 1 Mr. Hansell.
scurily. Thus have thousands proved the superiority of Mr. Hansell said he bad me doubt of his being able SD
Dr. Phillips Eddy's plans in venereal complaints. After Identify the other three.
having been Improperly treated, many had sought relief Alderman SONOLIT ordered that the prissier &odd
le the use of nostrums, and increased their sufferings, be brought up fee-a final examination at the halm mei
while others were labouring natter complicated air of the week.
sonweeke orders, bordering on consumption, and already dispaired The Y'risemet aiiitilisliit his friend" leurniibbil
of.--Dr. Rudy is mutated did' et his home, 3b, Deem- kind to 16111110111 ••• . • ''. •
street, Soho, and glees Javier, Os) to the poter,---All nit' will p=r„..a.,eleodlides that she iambi
letters poet paid 1 woos mle ole Ise tee. ad addressee 'pie *sir adadmisa,
- __._

CHESTER SPRINII CIRCUIT, 1820.

CHAULEII WAIIIRIN, Esq. and Raman MAaanra.t., Ser.
jcant at Law.
Mottroomantantan—Saturtlav, March IS, at Pool.
Darratonatt!aa—Frillay, March 24, at Ruthin.
FIANTIIHIMIC—ThurstIay, March 90, at Mold.
Cruntus—Wed'nesday,Aprils,attheCastleofChester.