The Statesman.
London, England, 1823-07-11 00:00:00

•
XICReCRINCIII4.OIIII COURT, Jost 10.
0' • 2 e''" -7.""!".•tit'""" : 7
931.11JUirena Op Tim sues BOUM.
• . Amateur?. I •
*Thislgtte • sadden by Roane, to suptifseds a dolothis-
Sles of .baakrept that had leased against him. nealikinit
ii sepiiii# of the petition diselomd the fallowing. slonnta
"glanced Jemmy, 182 i. the petitioner, commensal the
publlcatiOn of a weekly newspaper, called" The Wyman* .
Poole. and Dortheiter Garefte; and Ossernsey. Jersey, aid
Central .Westeres Advertiser." Bring unable at that time.
topurobase types, he engaged • printer at Weyshallthe to
Friel the newspaper. bet Cite printer some time afterwards
being about to leave Weymouth. the Petitioner pershised
. his types and presses, and subsequently removed the 1)6111,1
• i-g offer to Dorchester, where he el:maimed. to publish; tZ
neer. navies opfortunately Inserted a letter reflect'
epos the character of a gentleman in Weymouth, he wan
Tried at the Spring Assizes, la 1822, and beteg found guilt*,
being obliged to attend the Court of King's Beach, tore..
. trite judgment. He left Bonfield.f for this purpose otthe
7th of May,.1929, end while absent in London, Mr. BelSo
nett, his father-is-I*w, a gentleman to whom he Insole.
debted, sold his copyright, types, and printing Imaterialtfor
the sum of Wel. belo,; about one-third of their real
Snide. Oa the istitiosees return, be refused to troalleatthe
'sale, and prcibildted the purchasers from publishing the
r. .Notwithstsading this prohibition, the paper was!Eitished oo the usual day, tad at first In the name of the
icfiter, bet subsequently the title •f the paper was
• changed to " The Westmont*, Poole, and Dorchester Ga-
zette, and Dorset County Chroniele,"and was published in
tits names of the purchasers. The Petitioner denied ever
hating given any authority to Mr. Bennett to sell the paper;
odd went on to state, that on his rmiltively declaring be
would net confirm the sale, Mr. Bennett threatened to arrest
bile for the sum of 4,00014 and that the Petitioner, know-
ing he was pot indebted to that smanat, and fearing be
• should not be able te get bail for such a sum, he was obliged
to quit Dorchester to avoid being; so arrested. That he
eommeneetrao action against Mr. Bennett, for having sold
the types, Itte.; and that a few days after attire of trial had
'been given in the- cause. ..a commission of bankrupt was
issued against the Petitioner, under which he was std-
judged a bankrupt; and that in consequence of the issue
Of Leis commission, he was unable to proceed to the
trial of his. cause. That immediately after the issuing
of 'such commission, the solicitor for the petitioning
creditor sent a letter tp the Petitioner's solicitor, oaring
•to snperaede the commission, if the Petitiooer would
withdraw his action. Under these circumstances the Peti-
tioner prayed that slid commission thus issued might be
supseded, sod that be might he permitted to go to trial. Is
answer to this Petition, Mr. Besmear)t in an affidavit, stat-
ing a variety of acts of kindness performed by tins towards
the Petitioner; denying the want of authority in the salts of
the types, and setting oat as an authority, a note gives by
the Petitioner to him in April, 1822. It appeared by the an-
swer that the Petitioner being indebted to Mr. Bennett in a
considerable sum of money, and being obliged to request
further advance, which the letter was at first unwilling to
grant, ,he Petitioner gave him a note in the following words:
—" I do hereby promise Mr. Joseph Burnett, if I do not
succeed with my relations, at Bristol or Bath, by making as
arringeteent fo continue the paper, on my return on Tues-
day, I will then decline publishing atfother paper, and give
up the press and types (which belong to him)." This paper
was signed Thomas Boerne, and dated 18th April, 1822. A
few days after giving this note, the Petitioner returned from
Titling his retationsf declared that he had b'een unsuccessful
in attempting to make any arrangement for the continuation
•f the paper, and expressed his willingness to sell It. The
tiniwer went on to state the loss which had attended the-publi-
cation of the paper, and averred that 230/. was the highest
price which could be obtained ; anti in answer to the charge
Fade ay' the Petitioner respecting the Commission, Mr.
Bennett declared that it was his intention to have arrested
the Petitioner for the debt due to him, but that as the Peti-
ticner avoided being served with process by absenting him-
self, it becime necessary to issue the COUICIIISAOII in order
to obtain payment of the debt due from him.
Mr.llasxo and Mr. Rose appeared to support the prayer
of the Petition, and contended that as this Commission was
taken out for the mere purpose of obtaining for Mr. Bennett
wLat he might equally gala by en action at law, a judgment
and an execution, it must he superseded. They cited several
vises, in which the Lord Chancellor had determined that a
Coirmission issued for any purpose, except that of equal dis-
tr:bution of the bankrupt's effects for the general benefit of
leis creditors, could not be supported, and they contended
that this case clearly came within the principle adopted la
those they had mentioned.
Mr. lIANT and MT. SIAGER. who appeared for Mr.
Bennett, insisted that the Commission was well founded,
and celled on his Honour to support It for tine general ben.-
t of the creditors.
The VICE-CIiANCIILLOR said it was impossible for Itim
to restrain the petitioner from trying the action. If the
property had been sold without authority, the bankrupt
would then be enabled to recover it together with da-
mages, for the tortuous act of Mr. Bennett in proceeding
to a sale, even if he maintained the Commission, he must
sliow, the petitioner to go to trial.

ASSIZES. •

HERTFORD, JCLY 9.
The Home Circuit commenced here today, before Mr.
Baron dal gem, on the Civil side; and Mr. Sergeant Omu-
ta vf, on the Clown side.
CIVIL SIDE.
THE KING V. RICHARDSON AND ANOTHER.

This was nn indictment against John Richardson and
Richard 'Maker for a conspiracy, and, in pursuance
thereof the indictment charged that they did, on the 20th
`of April, 1822, aitha strong hand, utiliwfillty, violently,
forcibly, and irreverently, break and enter the parish
church of Knebivorth, in this county, and being there,
unlawfully and irreverently made a great noise and dis-
turbance therein, and there assumed to celebrate, and
did in mockery celebrate Divine Service, to the scandal
of religion and against the peace. A second count omit-
ted the charge of conspiracy, and alleged that the de-
fendants forcibly, violently, and irreverently broke and
entered the same church, concluding as the first count.
Another count charged a conspiracy to expel a person
Ilart from• the office of pariah clerk. tither
counts varied the offence.

'r. ADOLPHUS and Mr. PLATT conducted the prose-
cution; and Mr. &ILA ND and Mr. ABRAliaal the defence.
The case proved in evidence was this .—A person
named Hart, appointed by the Reverend iMr.•Price, Rec.
tor of Knebworth, had for twenty-two years tilled the
office of Clerk of that Pariah. S I.of the paristsion-
ers were desirous of removing—him from his situation,
and substituting a person named Wiltshire in his stead.
On the day mentioned the defendants put Wiltshire into
the church through one of the windows, who then opened
the door, and they went through a part of the church
service. It appeared, however,. that there was nothing
irreverent or scoffing its the manner in which the defend-
ants conducted themselves.
Mr. BILLA ND, 00 behalf of the defendants, contended
that the most serious charges alleged iuthe indictment
Were completely negatived.. by the evidence for the pro-
secution.

Mr. Boron ORAIIAM observed, tbat if the motive or
the defendants was perfectly innocent, they might with
mare propriety have rehearsed the pseudo parish clerk in
Vick own houses, without resorting to the very unusual,
and, he must say, indecent expedient of breaking open
the parish church, and gaining admittance by clandes-
tine means.
The Jury deliberated i considerable Bur, and acquit.
ted the defendants on all the: counts which charged
conspiracy ; but found them tittilty on the second, which
alleged the unlawful and irrevereutly bre.skitig open the
patteit church. ,
MIDLAND ClRCUlT.—Norrnamrrotr, JULY 9.
CROWN NIOE.
• IBRBORS TUB LORD CHM/ BARON.
nrossall end Geo. IVilby were indicted for
breaking into the house of Thomas Goldsboroogh, of

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