This was an indictment against the above persons for conspiring together to prevent one John Hathaway from obtaining a certificate under a commission of bankruptcy. Hathaway was a clerk in the bank, to which he added the avocation of a coal-merchant wherein he became bankrupt. Davis was a discounter of bills, and a money lender; the other defendants appeared to have been his agents in the conspiracy.
The substance of the evidence on the part of the prosecution was, that in the year 1800 Hathaway had become embarrassed, that he had got several bills discounted by the defendant, for which he gave him one pound in ten for six weeks or two months; that some time afterwards the plaintiff became a bankrupt, at which time a balance was due to the defendant which he attempted to prove before the commissioners; but Mr. H. having stated the nature of the transaction between them, they refused to allow the claim. Upon this, Davis swore he would be revenged of the plaintiff, and entered into a conspiracy with four other persons who presented a petition to the Lord Chancellor, containing affidavits that Mr. H. had lost ten guineas at a game of put, in the house of Winkle (one of the conspirators), on the twelfth of April preceding his bankruptcy, in order to prevent him from gaining his certificate. It being enacted by the bankrupt laws, that no person should have the benefit of his certificate who had lost by gaming ten guineas at one sitting, within one twelvemonth before his bankruptcy; in the course of the trial, it was proved that on the day the defendant swore he lost the money, he was out of town with two friends. The jury immediately found the defendants guilty; sentence reserved for a future day.
When brought up to receive judgment Mr. Mainwaring the chairman stated, that upon a full consideration of the circumstances, and as an example to others, the sentence of the court was, that all the defendants, except Sarah Grover, should be imprisoned in the house of correction for the space of two years, and that within the first month they shall stand in the pillory in Finsbury-square; and the said Sarah Grover be imprisoned for six months, and then discharged.