The Press. — London, England, 1856-11-29 00:00:00

1138 tion of the Bankruptcy Consolidation Act. His Honour having at great length gone through the various sections of the statutes referred to, and the arguments of counsel, said he did not see there was any pretence for saying that there was any legal estate in the official manager, all that had been done on his part at the time of the adjudication in bankruptcy was the appointment of Mr. Harding as au interim manager, and registering that appoint. ment previous to the adjudication and appointment of the official assignee. The official manager was a mere receiver appointed by that court, and had no legal estate vested in him, and there was nothing analogous with such an appointment and that of an assignee in bankruptcy. Looking at the whole case, he was of opinion that the legal estate in the Royal Bitish Bank vested in the official assignee, and that all the assets in the hands of Mr. Harding, atter deducting all disbursements, costs, and charges of collection, should be handed over by Mr. Harding to the official assignee. With respect to the grounds urged by the plaintiffs, that the court ought to inter fere on the ground of equity, he did not, after care fully reviewing it, think that ought to prevail, and Mr. Harding being a mere receiver, ought not to have been made a plaintiff at all. Under all cir cumstances, he should order that all the assets be handed over as before stated, all expenses of collec tion to be retained by Mr. Harding, who would go on with the contributories, and as soon as there was that fund lie would deal with the question of his re muneration—the injunction to be dissolved, the costs to be costs in the cause. His Honour then pronounced the order to the effect stated. Notice ot appeal was immediately given, upon which the VICE-CIUNCELLOR remarked that of course an appeal against his judgment would hare been made in either ease : The practical struggle is, who shall have the benefit of the per-centage upon this large sum—the official assignee or the official manager. (Laughter.) Mr. Roux: I protest on behalf of my clients that suet is not exclusively their object. The VICE-CHANCELLOR: Ido not say exclusively. (Re newed laughter.) Sir F. KELLY said that he had intended to make a rro don to extend the injunction against the official assio:e. That motion would be made on entirely new grounds, tnu it would be decisive of the whole question between the parties. As it was intended to appeal at once to the Lords Justices against the judgment just delivered, he hoped that the learned counsel on the other side would coasent to an arrangement which would permit that motion to come on with the appeal as if it had been made in the first instance to his Honour. Mr. Hour assented. A compromise will, however, most likely be effected, Mr. Linklater baying stated on Thursday in the Court of Bankruptcy that the appeal in all proba bility would be withdrawn, and au arrangement entered into between the official manager and the official assignee to the mutual benefit of shareholders and creditors. The petition then before the court to annul the bankruptcy, in older that the proceedings might be transferred to the winding-up judge, was ordered to stand over accordingly. A CASE, curiously illustrative of tle morals of Shoreditch, was heard by Mr. D'Eprourt, at the Worship-street Police-office, on Thurt,itty. William Neale, an intelligent boy about twelvt, was charged with robbing his father of ten shilling,. Mr. D'Eyn court asked the father if be really rere desirous of prosecuting his son—he said "Yes." Mr. D'En court then asked for the boy's nother : a woman about thirty-five stepped into the witness box, and was sworn : Mr. D'EyNcot - tyr: And are you, tx, desirous this boy should be prosecuted? Woman Yes, air. • Mr. D'ErNcot - nr : And ars you ha mother? Woman : I am his mother•in•law sir. Mr. D'ErNcouar : Oh; then ha► long has his mother been dead ? Wontau: About five years, sir He has been out of prison but five weeks; he has en.ugh to eat, and is well eluthed, but he prefers guing outwithout his boots. " Going out without his boot" was conclusive, and going into gaol seemed the natural consequence, when suddenly the boy best into tear?, and cried out : Oh, sir, my mother is not teed ; she is living now. Mr. D'EyscousT : Let th father stand up again. (To the father )—ls this so? Father : It is, sir, but sh left me, and I have not heard o' her for five years. Mr. D'Erscotrar : Let nat woman stand up. ( She did so.) You said you wer the boy's mother - in-law, which means his father's wife, aid that the boy's own mother had beau dead five years. Woman : Well, sir, 'am not married, but I am going to be; the bans are pit up. lam living with the boy's father as his wife, but know the mother is not dead. It was quite clear now that the father and this woman wished to let rid of the boy. Mr. D'Eyn court sent for th. mother. When she arrived, the boy, on seeing hismother, burst into tears again. In e ply to Mr. D'Epeourt, she said:— THE PRESS. I am the mother of this boy, and his father is my husband. I was married to him fifteen years ago at Stepney Church, but have been separated from him now for five yearsand a half. I left him in conse quence o f hi s ill-usage, and he has not since contributed anything to support me. Nothing but pity for this poor woman was felt; but Mr. D'Eyncourt put the awkward question, " Thep, how do you live "f Wife: Why, to speak the truth, lam living with another person, but I supported myself fur ten mouths before I did so, and he is a very hard-working man. And then this interesting little episode in domestic life closed as follows : Mr. D'Etrwcottar (to the father) : Are you still desirous to prosecute your son? Father: I am, sir, both for his benefit and mine; be I , as disgraced me and destroyed my character. I certainly illuse my wife, I know it; but it was in consequence of her dissolute character. Mr. D'Eyxcouar : I cannot sufficiently express my indignation and disgust at your conduct. Now, look what Sou have done. You are cohabiting with another woman, your wife, that child's mother, being still alive, and she herself is living with another man. These are facts that have been proved, and yet you can talk to me of the boy having disgraced you and destrovel your character! This poor boy, it is obvious, is the victim of an unhappy, writehed home, and you are tenfold more guilty than he. I mill not send him to prison at the desire of such a father at you are; he is an object 0 pity; he shall be placed in a" reformatory," and— Father: Think you, sir, I am very much obliged to yon. Mr. D'Evxcoutur : Yes, of comae you are, but I will take very good care that you are made to contribute to his oupport, for by a recent act of Parliament I can fortunately do that I repent, I never beard a case that more disgusted me, and I have little doubt, if a mob had heard the whole of these facts, that they would havo wreaked summary vengeance upon you. Father: I dare say they would, sir, if they lived in the neighbourhood I do. Mr. D'ErNcornr : That is my determination, and the boy shall be taken care of until he can be provided for in that way. A VERY CURIOUS CASE, affecting the relations be.. tween counsel and client, has this week been heard at the Common Pleas. The story is not a long one. Mrs. Swynfen, under her father-in-law's will, was the devisee of estates worth 65,0001. Captain Swynfen, the heir-at-law, contested the will, on the ground that the testator was fatuous. The case went down to Stafford for trial, Sir Frederic Thesiger being specially retained as leading counsel for Mrs. Swyn feu, and Sir Alexander Cockburn, then Attorney- General, and now Chief Justice, for the heir-at-law. The investigation threatened to be long and compli cated. One whole day had been consumed without getting through the evidence for the plaintiff, and public curiosity was at the highest pitch on the opening of the court on the second morning, when suddenly it was announced that the great Swynfen case had been amicably settled. The terms of the arrangement were, that Mrs. Swynfen, in return for giving up the estates, was to receive an annuity of 1,0001. a year for her life, while a sum of 1,250/. was to be paid down for the costs of the cause. The whole matter had just been concluded when Mrs. Swynfen drove up to the Court-house. Her disgust was extreme. She declared that she never autho rised such a compromise, or indeed any compromise at all, and protested that she would never be bound by it. She kept resolutely to her ground, and refused altogether to quit possession of the estates, or to give up one iota of the devised property. Captain Swynfen now applied for a writ of attachment, commanding Mrs. Swynfen to carry out the arrangement agreed upon between Sir Frederic Thesiger and Sir Alexander Cockburn, under penalty of commitment to prison for contempt of court, and the rule nisi was granted. On Monday last, through Mr. Kennedy, her counsel, Mrs. Swynfen was called upon to show cause why this rule should not be made absolute. The affida vits principally relied on were those of herself, her attorney, and Sir Henry Durrant. The substance of her's is, that after the first day's trial Mrs. Swynfen was summoned with Sir H. Durrant to Sir. F. Thesi ger's rooms, that Sir Frederic intimated the case was going against her and advised a compromise, that nothing definitive was agreed upon, Mrs. Swynfen positively declaring for the will, the whole will, and nothing but the will. The next morning she de spatched a telegraphic message to Sir Frederic at Stafford, in these words, " The offer is refused." This message Sir Frederic received before going into court. Mr. Simpson, the attorney, deposed that be, for his part, entirely declined assenting to any terms of compromise, and threw the whole responsibility of doing so on the leading counsel. The affidavit of Sir Frederic Thesiger denied Mr. Simpson's state ment., and, after relating the interview on the evening of the first day's trial, states that the parties left him "on the understanding that they would consider the matter, but he supposed that counsel would be at liberty to negotiate for an arrangement." He admits the receipt of the telegraphic message the next morn ing, to the effect that the offer was refused," but declares that, in his opinion, and that of Mr. Whit,- SATURDAY, more, that message "did not meet the question, as no offer had been made," but they were all convinced that the arrangement was abandoned, and they must prepare for trial the next day : On his coming into deponent's room Mr. Simpson told deponent that circumstances had come to his knowledge which made it extremely desirable that the case should be arranged. Having previously entertained that opinion, he was strongly confirmed in that view, and deponent said that he would instantly go to the Attorney-General, and offer to take 1,0001. a year, which he believed he would give. He had no recollection of any written paper, and did not think any was produced. When he reached the court, it wanted a few minutes of the time of the court's sitting ; but he had a brief communication with the Attorney General, who assented to the proposal that the plaintiff should receive 1,0001. a year. it was not true that deponent had told Mrs. Swynfen that the Attorney-General had offered to give her an annuity of 1,0001. ; nor did he say, as stated in her affi davit, that he had had an intimation from high quarters, which he was not at liberty to name, that the ease was likely to go against her. The plaintiff did not say she would not accept 1,0001. per annum, or any other offer ; but, on the contrary, there was considerable discussion as to the terms of compromise, and it was understood that she and Sir Henry Durrant would take the whole matter into consideration and send their decision on the following day. It was nut true that deponent stated that the Attorney- General had offered to give 1,0001. a yea' and costs if she would relinquish the estate. Deponent had already stated the mode in which the arrangement as to the 1,0001. a year was entered into, and that statement was correct. Mr. Alexander, Q.C., Mr. Whitmore, and Mr. Gray, the other counsel, made affidavits supporting the statements of Sir Frederic Thesiger. GIVING A FALSE CHARACTER to a servant was a charge brought before Mr. Jardine, at Bow-street, this week, against a lady, Mrs. Smithson, of 48, Gower-place, Euston-square, who in recommending a young girl, one Anne Leonard, to a new mistress, a Mrs. Shute, of Hanway-street, gave her a high cha racter, and stated that the girl had been two years in her employ. Anne Leonard was upon this engaged by Mrs. Shute, and two days afterwards robbed her of 41. 10s., and absconded. Subsequently Mrs. Smithson called and inquired what was the amount of the rob bery. Mr. Shute told her, and she offered to reimburse him, " as her husban 1 was a gentleman, and would not mind the money if the exposure was avoided." She admitted that Leonard had never been in her service, but said that she had been for two years servant in the same house in which she (defendant) lived in Newman-street. " She had done very wrong, and her husband was exceedingly angry with her." Mr. Shute refused to accede to any compromise, for Leo nard was proved to be a confirmed thief. Mr. Jardine said it was a clear case of personation of an em ployer, and fined Mrs. Smithson 10/., o r th ree months' imprisonment. THE ADJOURNED INQUEST upon the body of Worrell, the carpenter charged with the late murder at Erith of George Carter, and who poisoned him self in the police-cell at Greenwich last week, was concluded on Wednesday, when a verdict of " Felo de-se " was returned. The evidence obtained in contestably fixes the murder of Carter upon Worrell, and, with regard to the manner in which the latter managed to secret the two phials of prussic acid from the police searcher, it is now satisfactorily ascertained that they were hidden in his long hair behind his ears. A MURDEROUS ASSAULT was last week committed at Croydon. A man named Bright, lodging in the house of a Mrs. Belton, in the Wbite Horse road, for some cause or other, on coming home last Thurs day week, attacked her with a wood chopper, beat in her skull, and left her insensible on the floor. Some neighbours, attracted by her screams, when Bright first attacked her, soon arrived on the spot. Bright fled, and has not since been found by the police. The woman lies at the point. of death. THE STATION-MASTER AT BADWELL, near Barnsley, Yorkshire, on Monday night, while fastening up the doors previous to leaving the office, was suddenly attacked by two men, knocked down, and beaten till he became insensible. The office was then ran sacked, the cash-box broken open and robbed, and the villains decamped. THE Two GAROTTERS, HUNTER AND MUSTY, who on the 29th of October last garotted and robbed Mr. Mason at Clapham, were tried at the Old Bailey on Wednesday before Mr. Baron Watson, and sen tenced to be " transported for life." ARCHDEACON DENISON'S APPEAL against the sen tence of deprivation passed in October last, under the Church Discipline Act, on the ground that the archdeacon's diocesan had not sat in person and heard the cause, was heard on Thursday at the Arches Court before Sir John Dodson. The learned judge said he would deliver judgment on the next court day. MR. COOPER, the attorney who at a recent trial at the Cheshire Quarter Sessions tore off an important portion of a document used in evidence, and en deavoured to secrete it from the notice of the court was on Monday, by judgment of Lord Campbell, . . _ . suspended fror ••••• 1 ...,. .....1 7 m 'ICI .... ..,,,, . 111 ,, LUCE - 111•111W , V11111:11 --....r. , ......a,, GsucailllCW LUC winne responsunnty of arcnaeacon's ulocesan nan not sat in person and means his fathers wife, iod that the boy's o wn m o ther had doing so on the leading counsel. The affidavit of heard the cause, was heard on Thursday at the be.ol dead five years. Sir Frederic Thesiger denied Mr. Simpson's state- Arches Court before Sir John Dodson. The learned Woman : Well, sir, 'am not roamed, but lam going went, and, after relating the interview on the evening judge said he would deliver judgment on the next to be; the bans are pit up. lam living with the boy's of the first day's trial, states that the parties left him court day. father as his wife, but know the mother is not dead. "on the understanding that they would consider the MR. COOPER, the attorney who at a recent trial at It was quite clear now that the father and this matter, but he supposed that counsel would be at the Cheshire Quarter Sessions tore off an important woman wished to let rid of the boy. Mr. D'Eyn- liberty to negotiate for an arrangement." He admits portion of a document used in evidence, and en- court sent for th. mother. When she arrived, the the receipt of the telegraphic message the next morn- deavoured to secrete it from the notice of the court boy, on seeing hismother, bur s t i n t o t ears aga i n . In ing, to the effect that " the offer was refused," but was on Monday, by judgment of Lord Campbell, e ply to Mr. Dtpcourt, she said:— declares that, in his opinion, and that of Mr. Whit,. suspended from practising for six months. _ ._