Sheriff's Court, Saturday...
The Times, 1824-11-08T00:00:00

Ar one o clocic this clay, a jury was empanelled to institute an in- quiry relative to the issuing an eXcLent at the Suit of the Crown against the goods and. chattels (private egopesty) of the jTmsoner, flenry Fauntleroy, pursnant to his conviction of the crimeo forgery, sentence of leath having been passed on him thereupon. On the at. teniaince of thc professional gentlemen concerned fir the Crown fbr the issuing the above-named. a ent,it tte out that tlhese were seve- ral citeflts against the joint property of MIessrs. M1larsh and Co.; in the firstinstance,tbr a bond given as a security to his late Mlajesty for the sum Of 8.0001. THE KltitG V. WILLtANI N.Att5I, ESQ., nItANt;R. Alr. PEACOCK, acting as solicitor to the Pest-office, attendetd, to- gether with ilr. ALEXANDEJt GORDON, solicitor to the estate of Messrs. Mlarsh and Co., to execute the said writ at the suit of theCtowr,, in order to ascertain what-p-toperly the said Williamn Marsh was possessed of in I0M)., to meet the security of the bond in ques- tion. On the jury being sworn, tF,e first witness called wvas MIr. Tho- mnas Dyer. cierk in the house of Mlessrs. Martin, Stone, andi Co., of Liombsad-street, boankets, to state the account kept between their house and Mlarsh and Co.'s. The witness stated tOat he could not speal positively to any other than the account betwcen the two com- panie. To the best of his recollection. William Marsh's private acc6unt left a halsance of ah rut 3l. or 401. to his ( hl arsh's) credit- A conversation here took place between the professional gentlemen, when it was agreed, in consequence of the absence of the clerks of thc house of Marsh and Go., that the iDquiry should be adjoutrned until 7 oclock in the evening. Accordingly, at the hour above-mentioned, the case cause on be- fore - HENCHS51A.IJ, Esq., Under Sheriff, and acammoRo jury. Mir. PEACOcK, as solicitor for the Post-office, anti Mlr. ALEt. (;oRasoS,, for the creditors, appeared. .Mr. HE.WCH3J(AN stated, that a box of plate belonging to ilr. fhlarsb, valued at 4401,, was seizeti tinder this extent. In addition to the evideniceof Mt r.Dyer, clerk to MVartin, Stone, and Co., wlho ad been previously examined, thic following wvitiiebses werc examined:- Mr. Arthur Cuthbert Marsh, examined by Mlr. PEACOCK.-YOU are a son of Mr. Wim. Marsh, of Berners-street, banker?-_cs. Are you acquainted with the separate property belonging to ynur fathcr ? if so, be so good as state the particulars so f3r as vou re- mernber.-I will do so as well as I am capable of recollection. Your father, I believe, ic entitled to a lifc interest under souse Marriage settlements ?-Hle has, under his second and third wives' marriage settlements. State tlc amount ?-Xl6.666 13s. 4d. Reduced 4 per Cent. Con- gnls, under thesecond marriage settlement, and 3,810l. Ihdia Stock- under thetbird wife's nmarriage-settloment. ew is -he entitled to thle interest during his lice ?-Tt is paiti to *.'-=iSnd 3ifr. Grahan, who are trustees. The stock has been lld, and i itpu o.l.er serities. Can you tell in what these secutrieg cofist ?-They are very numerous. Are they invested on mortgage of freehold propertY ?-I don't think there is any freehold. property. The fact is, this stock was sold out and invested in other securities, anti he is entitledl to the in. terest of those sunms. Alir. HEVC1DtA._-We must have evidenca of what tcPse secu- nAtles consist. IVtitnean-They consist of bondsand otler securities, in the hands of Mlir. WMard,4Df Bedford-square, rmy solicitor, who can give you every informnation you reoLaire. *Ir. HENCHMsAN-W e mnust attain some degree of certainty. Ylou sav he is entitled totlie life-interest of those sums, and other sc- car,lties Wvhat is the annual produce?->?00 por annum from one, and 3001. out of the other of these two funds. Vere you originslly appointed trus'ce upon these marriage-settle- ments r- Nou I was appoirted after the death of tbrnier trustees. I am oneoff"ur. - Iow does the property go after.your father's dleath---It will be divided among his children, issue of that marriage. Any issue of that marriage?-Y_e, but they are ail of age. Was there any settlement under his first marriage ?-I believe he had something under his first marriage. I believe that consists in houses in Bcdford-5quarc. You know, Mr. Peacock, what I stated to ycu at the Post-office. Air. PEACOCN._yes, but I wish to have it stated again, in order that the iury may understand it. AMr. HES.CHcssaAN.-15 there any-issue by the third marriage ?- Is his third wife living ?.-Yes, but he has no intercst untler that Lettlement until her death that is, his preaent wife. Can vou state What is the age of the present lady ?-Upon my w6rd I annot pay, but I should think about 50. YoLn are speaking of his houses in Norfolk-street: are they a 'gilt of that third marra settlement ?-Ye, two houses; No. 23, and I tbink No. 25. In what way does the prolterty under that settlement go after the deathi (if Mi. Wiyt. Mlarsh P-Assigned to me-, I meaun under that %ettlemcnt. After the deaith of Sirs. Mlarsh I believe it comnes to my father eagan at his absolutte disposition, but I am not certain. Then he takes the reversion in fee after his wife's da3th?-In case of no issuie, hut of that I aTm not certain. Dave you seen this settlement ?-Yes, I am trustee uacder it. These hoases - arc assigned to mne by my fathier, subject to. Mfrs. Mlarsh's life interest. The assignment tosk place in 1816. Mfr. HE'YCHSX~A)r...This inquiry goes batck to 1809. Yott of couirse in ta -ing that assignment considered that yonr fatlher was en title-d to make it to youi P-Undoubltemily. So that youi consider this property yours after your father's death ? --V e%. WVhat was the consideration ?-It was to cover a mortgage of mny Own property. Supposing there should be no'issueof the third MArriage, a-nd your father shouild surtvive the present ill rs. Marsh, then does it become his absoluite property ?-l, believe so, butt I have no knowledee of that. WVhere I s this marriage settlement ?_J believa in Mr. Ward'ts hands, buit can't say exactly. r. l?SracCl.-.Are you. aware of your father havingan ro Iperty in Sloane-square, Chelsea ?-I believe there is one house unrder a prior miarriage-settlement, but I don't know the numbeIr, the valOic, or occuipier of it. Are you aware of anty other private property belon;zing to your father: any pictures ?-There were some sold by MVr. Christie, but I dorn't know the valute of themn. [lad your father a prom issorv note of John Wevlls Bozatn, of Ve- rulam-buildings, fot Z,0001. ?.Xs for 5,i0fl. deposited at the baniking-house in Berners-street, and( is not due until-next May, payable to my father's order, and endorsedl over as a security for ad- vances that migiht be made to niv father by the house. Mir. w rMe.Ta sill be no bar to thle clainm Of the ICrown, unless discounted. Are votu aware of a Policy Of insurance etffected. at the Bquitable offlleep-Yes, for 5,000?., on the life OfAMr. Thiomas William Williams. I think about 1815 or 1816. 1Do you kno whiere that policy is?P-At the banking-houlse ina Berners-str,~ee, made Out in iny father's name. I Vat intres has he in it ?ZI-Ie4 has an absolute interest in It, because Mr. Wiilliams. owes; him tnat mo-nev, and a great deal more. Are yout aware of Any Dock..eharTe ?-YeR; five shares in Plly- nmouth Dock-, but not assigned. fie had these, but I don't know whethier lie now has: if so, they arc at the banking-house in Ber- ners-street. The value isabout 27001. ashare. I believe your father kept a private account at thle bankinglicougo in Berners-street ?-Ycs, Are you awar-e howv that accoup t stancls ?-No, not at all. Are you aware of y-our father having any interest or gh;tre of any othier iuroperty in the fands ?-.Only thirough hlis wife, a-na 4,0001. as- sig~ned to hiim by Sir Jluhn Alarsh, after the death of Alr. JIohn Muti- burn Mlarsh h ut I don't know whether constistfing of 4 per ectit. Console, or 3 per cent. Reduced. That is. aLfter the death of Mr1s. Luocy blarh,widow of the late Mtr. Johin Mlarshn. She is stir lvillwg Do you knowv her age ?-She is a womnan considerably advanced in Years -,I should chink she must be 60. fli whose name Is tl'at stack standirif P-I really don't kniow. Do voun know the niame of the occupiers of the houses in Norfolk- street ?-Bicknell andi Spirey, and Mlr. Dunbar. fledi your fatber any stock under thae first marriage ?-I believe the small siim of' 1,0501. consols. Who arTe the trustees undferthie third marriagre-settlement P-Richard Holland, Henry Rolls, IRichardl Creed, and myself. 1lathe 1,0501. stock suhiect to the same trusts as the house in Sloaine-street ?_I don't thinik I hiave any intterest in It but under that settlenment. Dloes it not go to youl after the death of y-our fathter ?-No. As to the state of your father's private account with the house in Bersers-street ylou caninot say ?-No. lIas your father any landed property P-Yes, very considerable estates I.n Hertfordshite and Kent: none in AMiddlesx, that I ami aware of. Air. WVilliam Dobson, clerk in time house of Mlartin, Stonie, and Co., of Lomnbardastreet, examtined by Mlr. PcAcocL.-Ca'S you tell the state ofllfr. iV7ni MALrsh's private accoutmtwith your housec? On thec morning of the 14thi of SeptemTber, there wvas a balance in his fit;our of 3141. Is. Idi. This account was kept in his own name. There is anothier account of Mlarsh, Sibbald. end Co., withi whichi this bad nothing to do. Thejoint account stood on the same day I1II0001. 14s. .Sd. ; that was on the Pitl of September, and it so re- m dned until thie 2d of Octobner, when 7,0001. w%,; paid over to the provisional assignee under the conmm-ission against Alarsh, Sibbald, and Co. OR the 1.5th, of October, the balance on the private account was .521. l09. Idl. ; the sum now remain- ing being 21. l0s. En pQrmnttting him to draw out hfis privte balance on the 14th, we believed wei hiad no right to refuse MVr. IvIl. 11am Mfarsh, Ialthough a conmmIFpion of bankrupt bedl appeared in the G'azertte against the houise in llerners-etreet. TherTe now remains in the hands of Martin. Stone, and Co., 4,7g21. 14e. 5d.; against whiich, Alessrs. Mlartin' and Co. have a claim of 1721. 14,j. 5d. In addition to thiis, bills to the amiouint of 4,,0001. are acrainst them as not oaiti. These hills becamie due, r thiink, on the 20thi of October. Mr. A. fC. Marsh re-e,a-amined.-My fathler is 70 years Of age next February. Mlr. HENCIH,rA.V.-Ti'you :tre to go into the banking accouint of Mlarsh, Sibbald, and Co., it will be imnpostsible to go through with it this eventing. Although these extents of the Crown are against the partnership property, as well as private, wve can only go eon the surplus funrds. Ifamr~sarplus, thie Sheriff is bound to seize it, sub- ject to the State of tbe'accounts. Mr. James Rirby, late at clerk in the Uoasee of 51arsh, Sibobald, anti( Go.-Are you aware that Mr. William Mlarshi had any separate acecount o-F hig own kept wvith Your house P-He had aprivate account, 1,M48. Ils. 3'd. in his favour; that is the present balance, after the stoppage. Thtcnartnerahip accouants are not mRare up yet, and lamn hiot aware honw thecy stand. I hiave no knowledge whether there will he any surpslus balance ; of that I c-an form no idea until the books are all miade uip. Hadl MrMrh n ther akccoulnt, not under hiis own name, with the hiouse fir which'he wias responsible? Titere is an account of A. C. Mlarshi that is against him., 111r. UEw1CseTAp.y.There is a bolt containingcertain plate. valued at 4401l., which hias been takeD; that is the only tangible evidence of certain value, Air. A. C. Marsh re.examined-r believe You carriedI On the business of navy-agency in Scotland-yard, in whirh your fathier was, conceirned ?-Yes, I am a partner with him. Are any debts due to hlim from that concern ?-A great many, by naval oflicers. Now mnuch P-The books will show; I believe near 100,0001. AA sI m concernedl, I only receive a salary. snothta legal vested interest P-I don't know ; but my fa- ther miight tuirn nic out wbenever he p'eased. There was a prospee. tua by whiich I was to become a partner, buit which never tookplaee; buit there wvere articles between us which were regzularly executed, acil by whiich I was to have a certain salary out of the profits. If no proflts, would you be entitled to your salary P-I should think I should be entitled to something for my seryices. As regards the navy-arency.offico, arc the balances long or short ? -I thiink there is a considiera'ble balance due to my fathier. Can you mention any persons by nam-ie who are indebted to your father P-A great mianv officers in the navy: their namyes are in~ thec books, bitt I caniotoc peiak to them here. Sir. I-IENCCeMIAN.-Nowv with regard to the partnersbiusccount, both in respect of' the banking concern and the navy ag'ency, tile balance belonging to M1r. Marsh, soen., can onilv appear by the hooks to show what surplus hie is entitled to. The Kingr, under this writ of extent, cannot take a balance until the accounts are settled ; and it is only by the acecounts being m-ade utp that it can be ascertain-d. To the witnees.-Do you considler this promaissory note for 5,0001. ani avaiJable security,? I believe so, and thzat it will be paid when it becomles due. Mr. ll EIVOUSAY.-YOU cannotesay what debts are due fromycur father on the agency isccount?-NKo. INIr. fflxac:CirMa,k._Then our proceedings with regard to those idebts due are a comiplete nullity. The same in respect of the valnie of the houses. Mr. PE,-cocx.._We doai't requtireeny fctrther evidence as to thle house in Sloane-stquare. Mr. HEN,c:usOtAN._We muist not talke a cas4e; we must find ac- coirding to evidience. WVe must lay the casec before the iury vpon the best ev6dence that can he obtatined. Siry. Mavs'ii's evidence extends no, further than the contents of deeds in respect of the annuities of 9000!. and of 3001. If there was evidlence of Air. AMarsh, sen., being in receipt of the reiots of there hons-ex,jet it be produced. AIr. Marsh, inn., re_exa;rn:incd._I have every reason to lbhinkt my father is in Mceipt of these sums. I liave paid miy father the rcent far one hotmse; but this is payable to his wife in the shape of pin. mnoney. lily. P 8Aco c K.There is, I think, sufficient evidence for the Purposesoftluis inquiry-nai-eell-, that there is such property. Mfr. HEXCner1Aw.-...As to the insurance on thie life of Mlr. Wil- lamns for 45,0001., wve have no evidence of thle value of thiat. Witnesa..-. bave no idea, huat it is easil1y ascerta'ined. Alr. f15iC11AfAN.V-J mlust plut it itito form hereafter, thefirst ob- ject of'our !nquiry being aRcertained..narnely, that Mnr. Mqrsh was possessed of plate value 4401. '.Vitb respect to life interest itsennuli. tees, a lpromiarsory note for .5,11001. not ylet due, and the policy of in- eurar.ce on the life of Winm. W~illiamls, how shiall we say what value belongsi to these secuirities P We bed better say 2001. as the valuie of the 5,0001. policy: it does not prevent Its being sold for 5,0001. Witness pceeed g. as presenit when mny fatherdeposited these with the houtse in Berners-strcet, as a security against any debt he mileht owe to the house. Mfr. HENVC113dAN....ThCre is nO evidence of any spcfic pledge. Mr. PT-%(oC7.-.we have specific evidencet hiat SI r. 51 ash is in crecelpt of two annuities of 001. and 3001. per annumn, whichi lie is entitfled to; and I thiulk it is not necessary to produce evidence as to wvhat property it arises ouit of. MNr. traaA.. univy wish it to be laid before the jury, SO that the finding, may be sufficiently formnal. Mlr. PEACOCg.-I say it is suifficient tfmr tile present inquiry. I shouldho"h,pe we shiould lhave no occasa3n to go to a sale of tile prope'rty, hut ere~ly to "crAi thle nature of it. Sir. H~HtX.. sin of opinion that we require tangible evi. ilenceof the value, in order to enable the Couirt of King's Benchl to issue its writ de- vendilione excpontas to thle sheriff~ to execuite. We havegon int prpert posesedl by 11ir. Mlarsh so far, but which is ot uflcint o g t th Jurv as tangible e-Pidence. r.ACocsc.-1Then [tender to yoiu evidence of these two an- netities, amounting in all to 0501. a veer. l'dr l-E~sstaAw....Mr. arsh,jun., h'as told us that they were created by dsciitherefore, without reference to the contents of those instruments, wccan't say that he is entitled to so much. Mr.PEAOC c.I tAde te eidece sofarasto the twoan d l he (i mw hen w ey c o m ep at o s ule i l o ut th e w7rit ?d ue v itio a te ex p o n as, it will e lie enugh o atertanthe uson of r. arsh's interest Ur. HENcmHrAEAz.-The witness, Mlr. Marah, does not know what interest his father has, btit only what lie bas heard. Mr. larsh.-No farther than my father has informed rie, and my being trustee for both. .'Afr. HEXCHwAX.-I am of opinion that it is not receivable evi. dence, but as capable of beinig produced by the contents of those deeds theneselves, and of which we cannot receive secondary evi- dence. I will ask the gentlemen ot the jury it they are satisfied' witht suCh evidence: I at the same titne give it as my opision that they cannot dccide upon sutch evidenee. Juryman.-No, we certainly cannot decide upon such evidence. NVe must hav,e the besit evldence that can be got at. SAir. HklNxct{AR.-Wve can adlJourrn tise inquiry to anQther tiay because we re puitting upon the file a writ which may be quashe bv the Court o King's llencl for informality. Tn the mesan (ime r will say, that the partrership property, as well as promissory note and p6licy of insurance, are not tangible. If you are Prepared to give evidence of what is the sarplus, we will receive it. Until you do, the iury cant't say what that is. In the" lKing.v. Anderton," it is decided that the King stands merely in the shoes of a creditor. MIr. Marsh, jun., taid he Wam not pirepared to say what the state of the partnership arcount was, or what surplus there might be. nlr. ?EACOCX.-I wish to put the estate to.as little expeqee as possrble. AUl we want, on tlie pt of -the- 4 Ii to pAjut tbe sum with the creditors. At 9 o'clock pm., the proceeingz adjotirned to,. future a,,. S3HERIFF-S COURT, SATUDnxAY NON. (. HIIE KI25G V. TIIE GOODSAVDGlIATTELSOrF H. l.TRoA--