The Statesman.
London, England, 1813-12-23 00:00:00

LAW INTELLIGENCE. - •
COURT OF KIWI) BENCH, Dec. 22. •
11 ASSIGNEES Of WALSH, A BAI'vKROPT,,,..tII2
RIGHT 116/1. sin MoltAs PLOHER.
This was au action of 'Prover, brongl4.:( the
Plaintiffs, as the Assignees of Walsh and t, to,
recover back from Sir Thome. Plomer certain' vale-.
abla securities which he had obtained from the
bankrapt Walsh under circumstances which will be
perfectly well recollected by the Public.
Mr. PARK, for the Plaintiffs, detailed those cir-
cumstances which were well known, that Sir 'l`.
Flomer gave IValsh is cheque for 22,00(11. with
which he was to buy Exchequer Bills, to be ready
for the payment of an estate which he had then re-
cently purchased. In point of law 'however hard
it might be on the Defendant, yet if his agent ex-
ceeded his authority, and converted the money to
his own use, and he became a Bankrupt, the money
would fall into his estate, and Sir Thomas must come
in with the residue of his creditors.
The ATTORNEY-GENERAL, for the Defendant,
said he had never, in the whole course of his expe-
rience, seen a more palpable attempt at imposition
brought forward in a court of justice than tlib pre-
,;,et was. Notwithstauding the speech which his
Learne.l Friend had been instructed to make, and
the evidence which -he had produced, he had no ip-
prAeosion in his own mind but lie should prove it
to be so. He bad no doubt bat he should im able. to
substantiate theivaudulent intention with Vihich-tha.l
property of Sizerbeinas Plomer had been dbtained
by the bankrupt. lie was confident he should prove
his previous act of bankruptcy. lie should prove
hint insolvent on the 27th of November, at which
tine hp first took the instructions of Sir Thomas
Romer, to cell his stock. Be should prove him, on
the 30th of November, and on the Ist of Decem-
ber, instructing a Gentleman to purchase American
stock and gold coin for him, to a considerable
amount, at a time too when he knew himself to be.
itisohatt ; and he should rove him, on the sth Dec.
paying for that stock and that gold coin, with the
notes received from Sir Thomas Homer's banker,, in
payment of his draft for 22,2001. which he ought to
have employed in the purchase •of Exchequer Bills
for that gentleman, avid which was entrusted to him
for no other purpose; and lastly, he would prove
him coming to town, on the morning of the sth,
from Ms house'''. Hackney, fully prepared for a long
journey. From Mr. ‘Valsli's own mouth he would
prove these facts; and that he rose on the morning
of the sth, and for several preceding mornings, as
much a bankrupt as it was possible for a man to be ;
and hayindone this, he had no doubt of obtaining
from the Jory, ender his Lordship's direction, such
a verdict m should do justice tc his Client, as far as
justice could be doe to him. •

lar- A.Boarge, a stock-broker, proved Mr. %Is h
having appsirti to blot on the Ist of Decnniter, Igl 1,
and evenivim orlers to pvirchce American stock for
him to the amounted between 10 and 1,1 thousand
rotahs sterling. Mr. Walsh wished the stock to be
precut 'EI by the 6111 of December; it was in. and on
that dityltir. ,Itiraltiv paid for the stock with eleven
Bank of Knglond ewes of .10001. the witness giving
Akio e4iefe.4o.4lle4liferevee betweert *et seei=end

the value of the stock purchased.
Mr. Fearn, • jeweller, in Cornbill, stated, that
Mr. Walsh al•plied to him to procure some foreign
gold for him. The application was made on the Ist
of Dccembee, and Mc. Walsh expressed.. wish Id
base it en the sth. The witness accordingly procured
as much as came to 3001. by that hlay, and Mr.
Willa) paid for It with a draft for 5001. the witness
giving bity the difference.

M. Webb, a hosier, in Threadneedle-street,
proved Mr. Walales canting tq town on the worsting
of the sth, and leaving a great coat and portmantua
at his shop. Mr. Walsh told the witness he was
going out of town for a few days, and purchased
some warm stud:lila, saying they would be conve-
nient to travel in.

Mr. Walsh stated, that in November, 1811, he
knew himself to be insolvent, and in fact utterly
ruined ; he had iiemi going on for some time. by the
kind assistance of friends and relations. On the Ist
of December of that year he directed Mr. De Boarge
to purchase about eleven tho:isand pound"- worth of
Amesican stock for him. He hail uo directions to
pirchase American stock for any one, and at the
unto he gate Mr. De Bourg° directions was fully.'
a %%are he had no resource of his own to pay forit.--1
lie u!so ordered Mr. Fearn to procure him some fo-
reign gold coin, though lie well knew he had no
feuds of his own to pay for it. Sir Thomas Plower
had some time before this period informed the wit-
ness he should, about Christmas, want a large sum
of money, to tonke good the purchase of an estate;
and leid desired the wituess to inform him when he
":ought it would be a good, time for him to sell out,
of the funds to lithe money. On the 27th of No.
',ember, the witness, thinking it was a good time, in-
formed Sir Thomas it was so ; in giving him this in-
formation; he acted as his holiest opinion was; had,
had not a 4 that time conceived an idea of misapply.
hie Sir Thomas's money. Sir Thomas adopted the
advice witness gave him, and instructed him to sell
out stock in the Three per Cents. to the amount of
214301. intending afterwards to lay out the;
money in Exchequer Bills. On the 30th of Novem.
ber the witness agreed for the sale of Sir Thomas's
stock ; the money was to be paid on the Tuesday
(I.!!ovving, being the 4th of December. On the
to:lowing day it was that the first idea suggested
it.v.lf to the witness's mind to misapply any part of
Sir Thomiles pr , and he then instructed Mr.
De Bourg' and Mt tYMINII In purchase the American
stock and geld cob,. On the Tuesday following he
received the produce of the stock, which he -paid
its to Sir -71,1mip Plomer's account fit Goslings',
and on the following morning, December 5, -ha
exited on Sir Thom:,s by appointment, and re.
ceived his draft 011 Messrs. Goslings' for 22.2001.1
which sum Sir Thomas directed he should lay out in
the purchase of Exchequer Bills. The Bills were to
.1
he 'aken to Sir Thomas in the evening, or else de.
p.,ited at his Banker's for him. The witness went
to Gosling.', and received the money in twenty-two
how; of 10001. each, and one note of 2001. After
receiving the money he called on his brother-in-law,
Intl have hint a 10001. note, and received in eschange
it dun 0 for 50(11. with which drift he paid Mr. IRsarii
for the gold coin he had procured him. He then,