Star. — London, England, 1819-04-20 00:00:00

F f I •••"" Lsw . LAW INTCLLIGENCE. .;. _ **.. • 1 ' COURT OF ICING'S BENCH, APRIL 19. THE KM, ON THE PROMOTION OP JAMES BROOKS AND OTHERS, AGAINST WM. FIRTH, JOHN TATE, lEHOMAS HODGETTS, JAMES DROWN, WM. SHER WOOD, WM. BROOKE, JOSEPH TAYLOR, JAMES LAW, JAMES DIGGERS, DAVY, THOMAS SHAW, AND gLAMEd TAYLOR. This was an indictment charging the- defendants with conspiring to defraud the creditors of John Smith,. late of Holmfirth, in the county of York, clothier and chapman, by fabricating diverse pro missory notes and bills of exchange, prior to the is suing of a Commission of bankruptcy against the said John Smith. There was also another count, charg ing them with procuring the said notes to be fabri cated for the same intent, after the issuing of the said commission; so that the indictment included those who had been involved in the conspiracy both before and after the commission of bankruptcy issued. After.thopleadings had been opened by Mr. Pun that gentleman informed the Court that James Taylor had died since the indictment had been insti tuted; and that Thomas Shaw had suffered judg ment to go by default. The other defendants pleaded Not Guilty ; of these William Firth, John Tate, Thomas Hodgetts, William Brooke, James Law, and Joseph Taylor, were in Court, under the custody of one of its tipstafEs; the others were at large upon bail. The prosecution was conducted by Messrs. GUR NEY, PML AR. and DENIM AN. The defence was con ducted, on the part of Hodgetts, by Mr. CURWOOD ; and on rho part of Biggers, B r own, and Firth. by Mr. BARRY. The rest of the defendants had no legal advisers. This case, which illustrates many of the defects of the existing bankrupt laws, will be best understood by the evidence which was given by the different wit nesses on the trial. It serves as an useful example to shew how the laws may be perverted to defeat all the ends for which those very laws were enacted, and exhibits in the strongest light the hideous mass of fraud and perjury which so frequently occurs on the examination of bankrupts. Mr. GURNEY stated the leading circumstances of the case in a neat add luminous speech, and the first witness which he called to establish them was Mr. John Pullen, the Solicitor who had sued out the commission. This gentleman stated, that he was a solicitor, in Fore-street, London. On the 18th of October, 1817, John Smith came to ask his advice as a professional man, and stated as his reason for doing so, that the bulk of his property was under an attachment for a debt due to a Mr. Ryder, a ware houseman and faetor, in London, a circumstance which he afterwards discovered to be fact. In con sequence of that communication, he advised Smith to contest the attachment by hailing it out, and re commended him to give in to him (Mr. Pullen) a list, of his creditors, in order that a meeting of them might be called before a commission issued. The witness did this from an idea that Smith was not so much embarrassed as he afterwards turned out to be. At this first meeting Smith came alone, and witness told him that unless he could dissolve the attachment, a commission of bankruptcy was the only remedy to which he could have recourse. A week after this he came again to Mr. Pullen, but did not at that time produce a list of his creditors. At this meeting, with out any advice from the witness, Smith said that he had spoken to his creditors, and that the principal man among them had determined to call upon him (witness) in consequence. On the 6th of November Mr. Hodgetts called upon him, he represented him- Self as a creditor of Smith, and said that he came to consult him about Smith's affairs. Witness advised that bail should be put in, because in that case the property might be restored ; but it appeared that Smith was so dreadfully embarrassed, that nothing was left for him but a commission of bankruptcy. At this meeting he took instructions for an affidavit of debt, by which Hodgetts was to appear as the pe titioning creditor. The debt was made up of goods and cash. The affidavit was sworn, and the com mission issued. The witness then detailed the pro ceedings under the first and second meetings. At the latter the three defendants, Brown, Hodgetts, and Sherwood, were chosen assignees ; and Mr. Dun can and Mr. Lockwood, two bona fide creditors, were rejected. At the third meeting the balance sheet was produced by Tate, who had been employed by the bankrupt to draw it up. During that meeting wit ness observed Hodgetts, Brown, and Sherwood toge ther with the bankrupt, conferring and whispering in corners, and he suspected that he had been de ceived, and that foul play was going on. He did not recollect whether the bankrupt ever swore to the ba lance sheet ; he was sworn to speak the truth gene rally. After the third meeting, several private meet ings took place, when Tate and Shaw were examined to sbpport the debt to which Hodgetts had sworn. In consequence of that examination a report was made td the Chancellor, the commission was superseded, and Hodgetts was decreed to pay the costl of all the proreediugs. Mr. John Pullen, the younger, produced the pro ceedings under the commission, in order to shew the names of the persons who had proved, and the amount and nature of the debts. John Smith, the bankrupt, examined by Mr. Poi, LER.—In 1817, he carried on the business of a clo thier, at Holmfiith, near Huddersfield, in Yorkshire. In August of that year he came to town. He lodged at Mr. Fleeting's, in St. Martin's-le-Grand. He came on the subject of some bills that had been drawn by him and accepted by Gabriel Jacob. Mr. Ryder, a factor, was the holder of one of them. Witness had sent up cloth to meet the bills, which had been dis honoured. The cloth was attached by Ryder. A Jew days after witness came to town, he went to the Moachmakers t Arms, a Yorkshire house. There he met the defendant Firth, who was a Yorkshireman, and who was then lodging there. Firth proposed that the witness should lodge with him, which he agreed to do. They slept in a double-bedded room, and witness continued to lodge there until he went into Yorkshire. lie brought no money with him, but sold some'cloth, and raised about £l6O. He placed part of it, 'about £9O, in the hands of Mr. Tucker, of Noble-street. On going to the Coach makers Arms, he told Firth the state of his affairs. Firth advised him to be made a bankrupt immedi ately. He offered to get " some chaps" to prove debts. lie said, that the witness might keep the pro. ,k . .101 , • ,• himself, or do as he Ingrid with it• nth odds petty had been a bankrupt three times. • Thomas Shaw had been the petitioning creditor ist the last commis sion against him. John Tite proved the act of bank ruptcy. Shaw, who was present at this conversation, told witness, that he had £lO for being petitioning creditor. • It was nearly two months before witness would consent to be bankrupt. Firth, howeier, re newed the advice he had given him, almost every night ; he said, that Thomas Shaw would be the pe titioning creditor, if witness would consent to it ; witness owed Shaw nothing ; 'lse had seen him once' or twice with Firth, but did not know him before. In October witness received more cloth from York shire, which was placed in the hands of Mr. Walters, of London-Wall. In the mean time he had been en deavouring to effect an arrangement with Gabriel Jacob, but could not succeed. Twelve out of the fourteen pieces of cloth got into the hands of Ryder. Mr. Walters then desired witness to go to an Attor ney to see what was best to be done. Firth advised him to go to Mr. Pullen. Witness saw Mr. Pollen, and then saw Firth again, and said he would be a bankrupt, as he should not otherwise get through his difficulties. Firth said, he would find a man who would be the petitioning creditor. At the Coopers' Arms, in the neighbourhood, Firth introduced him to Shaw and Tate. They went into the parlour, when Shaw said, it would not do for him to be the peti • tioning creditor, as he stood in that character under Firth's commission, but he would get a man to do it for £lO. Witness had heard that Tate had 40s. for proving the act of bankruptcy, and Firth told himl that Tate would do the same thing for him, if he would give him 4os. Firth and witness went to Sa muel Luckton, in the City Road. Firth informed, Luckton, that witness was going to be made a bank rapt, and that he wanted him to accept a bill for the petitioning creditor's debt. Luckton said, he would not do it for £lOO. On the Monday after, Firth and i witness went to the Coopers' Arms. Sh aw, Tate, Hodgetts, James Taylor, and James Law, were there.l A conversation arose about getting a bill accepted to prove the petitioning creditor's debt. It was com municated that Luckton had refused, when Shaw said, that witness should not be fastened for that, as he would do it, or procure a man to do it, for three guineas. Tate went for a stamp, for which witness found the money. The bill was drawn ; but it was not written in the room where Hodgetts was ; he said it would not do for him to be present. It was written by Firth ; witness signed it, and Law accept ed it; it was then taken to the room where Hodgetts was. It was to become due a day or two after that. Witness, two or three days after, paid Law three guineas in gold. Ile borrowed the money of Joseph Stead, of Huddersfield, a Yorkshireman. On the Ist of November, Tate came to him at the Coopers' Arms, and said, that Garsyth, a creditor, was look ing after him to arrest him, and that he advised him to go to his bed-room. Witness left the Coopers' Arms, and went to his lodgings. He told the land lord, that no person was to be admitted to him, ex cept Firth and Tate. Shaw called upon him there, and told him, that Mr. Pullen wanted £3O before the commission could be opened. He got the £3O from Mr. Tucker, and gave it to Shaw, to give to Mr. Pullen. He also gave Shaw CIO before the docket was struck ; it was for the petitioning ci editor, who said he would have the money down before he did any business at all. Firth afterwards told wit ness, that the docket was struck, and the commission granted. Firth got a coach, and went with hint to Guildhall, to obtain his protection. After the com mission was opened, Tate spoke to him of a person of the name of Brooke. He said' that Brooke would find men to prove false bills and bills of parcels.— Firth, and witness, and Tate, went to Brooke, who lived near the 'King's Bench Prison : it was on a Sunday, and they found him at the sign of the Dover Castle. Joseph Taylor, James Brown, David Biggers, and Sherwood, were there. Witness had not known those men before. A conversation was. started respecting the best mode of proving bills and bills of parcels ender the commission. It was finally agreed, that J. Brown, Sherwood, Biggers, and Taylor, should prove ; and Brooke, Brown, and David Biggers, were to procure others.— They were to have 40s. a-piece to prove debts, and Biggers got £4 or £5 in this way. The parties were to meet again at the Horns, opposite the Steel-yard, in Thames-street. They did meet. There were then present, Brooke, Taylor, Tea, Firth, Sherwood, Brown, and Biggers. A blank acceptance was drawn, and the landlord came in while witness was writing on the bill. Witness attended his first meeting at Guildhall. Hodgetts and Brown attended that meet ing; Sherwood did not. Several other persons also" attended ; John Ratcliffe, George Willes, Charles Wadsworth, Thomas Lucey, and Thomas Segib; witness did not know any of them till they came to Guildhall ; he was not indebted to any of them ; they came forward under blank acceptances. He did not see the bills that were produced at the first meet ing ; the parties ordered him to keep away as much as posible. After'the meeting, witness and the others went to the Horns, and ordered a dinner. On that occasion, Firth, Tate, Brown, Sherwood, the two Taylors, Hodgetts, Brooke, Biggers, Bartholomew, and Parker, were present. Brooke told witness, that he had got Bartholomew and Parker to prove for him. At the dinner they said they would take care to get plenty of strength at the second meeting, to overpower the country creditors. Witness was to have the property when they had overpow . ered the creditors. Every one that had proved was paid El ; witness paid the money ; they were also to receive El when they signed his certificate. At another meeting it was agreed, that Brown, Hodgetts, and Sherwood, should be the Assignees. Firth and the others told him, that if any one failed in proving a debt they had plenty of others ready, forty or fifty if they were wanted. After the dinner witness gave them more blank acceptances and bills. Neat, the landlord of the Coachmakers' Arms, where the wit ness lodged, suspectcd the character of these per sons. Ile said they were a parcel of blackguards, and he would not suffer them to come to his house. Witness told Hodgetts of this, and they then went to the Coopers' Arms, and ano ther place in Falcon square. After the second meeting, they went to another dinner at the Horns. White was not a real creditor, nar Tatterann, nor Sherwood, nor Davy. Wittsesslaid all tbosewho bad newlyirovedi:l each:l Hodgetts' debt was to consist of Saxony wool and cam. He gave witness a small sample of wogi. and 1 'lain three notes, a £5, 11:2,and LI, and witness she diem to Tate, who retitnad that to Hodsettsblhe latter then gave them to Witness pin, who again handed them to Tate, and Tate returned them 69 Hodgetts. This mode orpaying rnd repaying *as continued till the debt amounted to £77. It was done so as, with the wool, to make up £ll2. This was after the first meeting. Tato made out a bill of parcels, dated July 13,11317, for the wool. Brown's proof was £l9. Witness gave Tate 40s. for proving the act of bankruptcy. After the Assignees were 'chosen, witness went into Yorkshire with Brown. The latter went to Huddersfield to call a meeting of the creditors. The property was sold by public auc don by Thomas Blythe, and was• purchased by wit ness's son. The latter had been a common workman 'for his father, and had no money of his own to buy 'the property. Witness returned to London with Brown. There were several real creditors in York shire, namely, Eastwood and Graham, blue dyers ; Hargrave, a clothier ; Rishworths, a banker, &c. &c. Cross-examined by Mr. BARRY.—The commission was superseded. Witpess had been bankrupt before st Holmfirth, about 12 years ago. He paid nothing under that commission, but got his certificate. He failed at that time for 1.:50!) or 1:600. He had been in business about twenty years altogether ; he was in London before this bankruptcy, but did not know Tate till a short time before the commission issued; he did not know the amount proved under the com mission, nor the amount of real debts. Cross examined by Mr.CuftwonD.---Ife was embar rassed in his affairs when he came to London. Ile was to have the propeity under the fictitious debts. He had sworn what was false before. _ _ Mr. Pullen the elder, deposed, that he had seen Tate sign the deposition under the commission to prove the act of bankruptcy. Mr. Luckton, of the City-road; Mr. Neat, the landlord of the Coachmakers' Arms; Mr. Hawkins, the landlord of the Coopers' Arms; Mr. Tucker, and Mr. Hearne, the landlord of the Horns, severally confirmed the bankrupt's evidence, as far as related to them. The Past witness stated, that there were 16 persons at the first dinner at his house ; at the second dinner there were 20, but he had been or dered to provide for 24. Mr. Joseph Lockwood, a merchant, deposed, that he attended at Guildhall on the choice of Assignees ; he attended for Mr. Robinson, of Huddersfield, a creditor. He observed the persons with whom the bankrupt associated at that time ; they did not look like persons who had debts to prove under the com mission. After the second meeting he procured from Mr. Pullen the names of the persons who had proved, their places ofabode, and the amount of their debts. Hodgetts was the petitioning creditor : he was de scribed of St. Thomas Apostle; he had no place of residence there, but said Mr. Thomas Shaw allowed him to make use of his warehouse. Witness then went to Sherwood's, who was described as a flour factor;" he saw no flour on, the premises, but over the door was written cheap bread baker," and there were a few loaves in the window. Tattersall, who called himself a timber-merchant, had once lived at Lambeth Wharf, but had long left the neighbour hood in debt. Joseph Davy was not to be found in - Cromer -street, Brunswick-square ; nor Wilics, in High Holborn. Witness inquired after James Law, in George -street, Stepney, but could not find him. Charles Tomlins, a clerk, deposed, that he had inquired after several other persons who had proved debts under the commission; some of them could not be found, and others did not answer the descrip tion which they had given of themselves in their se veral depositions. The following letter from the defendant Brown to the bankrupt's wife was then put in and read: " London, 2d Feb. 1818. 'I Mrs. Smith—l savi your letter to Mr. Smith, and lam Pot at all surprised at its contents; but I trust you will take no notice of such idle reports, •as there is not the least foundation for it, as the Huddersfield people were completely beat, and every thing is going on as well as possibly it can be under such circumstances. As fur Joseph (the bankrupt's son) lam vexed and surprised at his conduct, as it is his duty to do every thing he can to assist his father, as I took his bill to do so, and to pre serve the property. If he does not do as I wish,- he must re collect I have the power over him to make him do it, winch I trust he will do without my interference, and above all to raise some money for his father, by the neat meeting; for we cannot do unless Dlr. Smith has money to pay the people here, so as to get his certificate signed, as it caur,ot be done unless there is money sent; therefore I trust you will both use your utmost to do It. You may rest satisfied that you are safe as to any other sale taking place as it's impossible for them t o di s t ur b our pro ceedings: but be sure to send your husband money, and you will soon see him home, and in his business comfortable.-1 am your obedient servant, (Signed) " JAMES BROWN." Mr. George Robinson, the owner of the house, N 0.6, in St. Thomas Apostle, said, that he had let the warehouse to Shaft, to whom, he conceived, Hodgetts was merely a clerk. Mr. James Potter stated, that Hodgetts had been his tenant for two years, at a weekly rent of 4s. 6d. and there were now arrears from 20s. to 40s. Mr. Plans, an Attorney in Castle-street, Holborn, said, that he had seen Brooke, Biggers, and Joseph Taylor in custody: Brooke then stated, that he did not think be could be convicted, as he had merely drawn up the accounts. Taylor said, that he had only got the stamps for the bills he defied them to prove where he had got them. Biggers said, they could not convict him ; for what be had done was in Surrey : be had merely procured pertons to en dorse the bills. Witness said, he had not been pro fessionally employed by these persons, except in putting in bail for them. John Bithroyd, the Bankrupt's clerk, said, that he did not know of any dealings between his master and the defendants. A letter was then read from James Law to James Taylor, dated`Newgate, May 19, 1818, desiring him to do all the good he could for the defendants, 'and not to tell Poole, the tipstaff, any thing if he called. Mr. Eastwood stated, that the Bankrupt's property was bought by his son, J ose ph S m i t h, w h o gave a i bill for t. • Mr. BARRY and Mr. CURWOOD severally addressed the Court on behalf of their clients, urging, that they were not guilty of the conspiracy, and desiring the Jury not to convict them on the testimony of w in famous a witness as Smith. The defendantJamesCaW read his defence, which was, in substance, that he had acted as a Bill-Broker -for ten years, and that'in that character he had ac cepted a bill for the-Bankrupt. -He denied all-par ticipation ia-the conspiracy, and called his daughter to prove that hg had lived in dus parish of Stepney, though not in the. erect named in his depositiou 4 4 ( . - .• under the commof the ission, bankruPtc and that hey. left that !t ie in'eonsequence The Loan-Cus ar-Jurrlc I summed up !he it to the Jury, and charged them, that if they • the evidence of Smith, the Bankrupt, %vac c;; ;02t, in the main points by the other wi:netses, them to decide whether it ought not to be crt,ii td in the minor points. The Jury immediately returned a verdict ei against all the defendants. They will be brough,. for kidgment in the ensuing T erm . T he trial 1,4 from half past nine in the morning till till-patu. UNEXAMPLED DFPR tv:xx.--Friday tree); ‘ man, named Thomas Hopkinson, undetwent the zirl sentence of death on the front of Derby ja i l, career of guilt, which, although short, seems t e been marked by an extraordinary degree of pr.. 6 tHoethweasheb:itto2foh,isanrettc-rioiemctitohne, t ag h e e fell( iwingo Cutting at five different times horses nianes ale i L i. and two cows. tails; cutting off the feet of a in u . -7 ' sheep in the turnpike roads two highway enu n n; . breaking into butchers shops three times, whole sides and joints of mutton ; keaking into u.s house, cne shop, one pantry, two corn-mils, a • 7 ca turnpike-house, and stealing flour, Meat, ClOt;lCs, ncy, &c. robbing gardens 27 times; ste.C.i es °tem nej. ; stealing pooltry 9,5 times, 2t9 fors Is. "! tem ' nine ducks, and 14 t al ki es; stea li ng it "2 - pecks of wheat, ste.di ng at 20 time, t.'2- ce a : • tag at '2O times 112 perks of rotatoe s ; tunes 18 sheep and :3 lanthsi:ostancdkps;:ninastgoteitutoneepf:.&:,; milking cows in the nig4n-time belonging to Cipe. c so o n te s s ; ; setting t a i : re fl t ) o u r a ti c r o il r e a s firdslithers, on several occasions. To this wa s a dd e d. an almost incalculable number of minor °fences, i s . .that scarce a day seemed to have escaped from commencement of his guilt without some offer.ce, fruits of which were spent in the worst debaoerserr. He was finally condemned at the last Assists frig way robbery, havilig previously turned king's el, dence against four of his companions for setting ire to the stacks of hay aaci corn in the farm-vard deal Halton, all of whom were executed. This wretched ,youth was a weaver, and up to the age of 14was brought up with propriety. He then became acquit:a. ted with a youth named Jackson, one of those cis terminated his existence for firing the stacks of Celc,- nel Halton, and by him was led on to the inegit'.ar.• ties which we have described. Jackson was the son of a depraved father, who stood by while his son ire launched into eternity, and who became a candidate for the office of executioner to Hopkinson. son did not seem to feel the awfulness of his situation, and died without exhibiting any symptoms et re.. morse. He hoped, however, that his death weu4i ie a warning to others, and ascribed all his crimes tone evil example of vicious associates. James Gibbs, wlio, at the late Surrey Assizes, srs capitally convicted of stabbing and cutting George Gibbs, his namesake and neighbour, and condemne& to be hanged; suffered the dreadful sentence of et lase, on Horsham Common, on Saturday, the lei instant. His irons were knocked of abaut ore o'clak, immediately after which he was conveyed in a can, accompanied by the executioner, with his coffin be hind him, to the fatal tree, where, on, his =lira!, he appeared feeble, .as if froni illness, but unaccom earliest by any symptoms of fear,at the nigh approrh 4 death, or agitation at the operations of the hang- Man ; on the contrary, he gazed, with apparent com posure, at the surrounding spectators (not numcrono, as if to afford some one an opportunity of cite:lir: . his eye; he next uttered a sew words in a low town voice, which amounted to an acknowledgment of the justice of his sentence, and then joined the Jail Chap lain in a short prayer, after which the cart moved from under him, and launched him into eternity without a struggle. Having harboured no hope oi mercy, he was resigned to his fate, and met it in a becoming manner. After hanging the usual time, his body was cut down, and delivered over to his friends. The following is a copy of his confession to John Webb, a fellow-Fishier (who was generally criii him after his condemnation) only an hour before he was summoned from his cell to the gallows: " On the 15th March, about eight at night, after I had sup ped, 1 left my father's house to go to Cdotham, so see a•youog man of the name of Dukes. On my return home, about a sole from my father's house, I was taken with a violent pain in ray head, and laid myself down by the road-side. I then Lit a mire in my had like a ring of bells. The gamekeeper's son had been to deliver a letter for his father, and as lie was returning licsk. I heard some person coming towards me, and when be was 00r enough for me so know him, I rose up and knocked him does with a stick, which broke from the violence of the blow. Itka fell upon him, pulled a knife out of my pocket, and cat hits across the throat. The lad cried out for mercy, and said," James, don't kill me," and in struggling to save his life caught hold of the knife, and in the struggle, receHed a stab under hie ear. His ran nes t owardsof sbeingtil ibearing e h a e r bl ur d g tbyhe man cri a esof murder. o thef name making towards me, I left the knife, and ran home and hie my father's garden. West, on going to the lad's assistanct, on being told that it was James Gibbs who had sucruelly him, got more assistance, and went to the house of my faqter , who was gone to bed. •hey inquired if I was within, r:IY 14 * ther replied, no. They then demanded' admittance, and ha.alf See of in I g es loe t. , "4 obtained it, searched the house, and then the garden. I sal them coming towalkts me with alantern, upon which I rote ' ,4 F• pulled off my frock, put it across my arm, and ran into thecae* road. The men pursued me, and took me. They asked IDs name, and I told them. I was also betrayed by the blood, as 1 had not washed it off my hands. Had I not been discos( red is the garden, it was my intention to have lain until all was o$ . then to have gone in doors, changed my clothes, and fled to 301. , I them country, in the hope of not being apprehended. My fir', and tfie gamekeeper were at variance; and the gamekeepee au, had oftentimes ordered me out of the park. I had malice in rtr h-art, and it Was that which prompted me-to the commission c• , the crime for which } tin now going to suffer." end n o e f r tl e i i i s s , m unf uc o h rtu re n a a s t o e n y t o o un fe g ar m , that an, h th a e d i i gn ts poaching, that common nursery for the gallows. DIED. At Fredericton, New Brunswick, on the 21st November rao• Isabella, wife of H. H. Carmichael, Esq. late 1114th hegiresx in the 9.7 th year of her age. At Trincomalee, hlr. Isaac Day, Clerk, R. N. son cf 3lr Day, quarterman, in the Dock-yard, Portsmouth. Tuesday, at Iltrablcdon, liarriet, wife of John Richard*. Esq. Purser, IL N. COAL MARKET, Ana 19. Ships at Market. Ships Snld. Price. _. 441. Newcastle 18 3lls 6d to 40s ft 7 Sande' Ltad 6 his od to 4150 d 5 Culm 3 348 6d to 35t Ord HIGH WATER at LO IMMDGET(1•14(IBIL04. • Mania& - 57 minutes gter 1 t Afternoon - 0 AfVi; ri4W rlaco, Toirtr-.14 . . •: . - ,