The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-11-19 00:00:00

THE BANKRUPTCY OF JOHN CROSEL

It will be remembered by oar readily that at the
County Court held at Wimborne last mouth, when
Cross came up for his final excmination and i
his Honour, on the appplimtion of Mr. H•rirel=
solicitor for the detaining creditor, adjourned the
further hearing of the case, and appointed • special
Court to be held on the 141 h November, ordering that
summonses should be issued requiring the attendance
of fit. John Coventry and other gentlemen who it was
stated wi re the trustees of &certain Iced made in Cross's
behalf, but as he them alleged without his aonsent, and
without his signature. With the exeeption of the
gentlemen summoned, only • few tradesmen of the town
were present.
Mr. F. Tanner appeared on behalf of the trustees to
the deed, and lb. Harker for Mr. Jaen* the detaining
creditor.

On Miring ble eft/ big Honour (11. Everett, Zu.)
inquired if some orrangement could not bare been mode,
$o as to bare eared the attondaose a all the potlemen.
Mr. Harker sald that eri he bad not mule«, any
intimation from 1/r. Coventry thet be was willing to
produce the deed, be had 00 other alternative than to
have the whole of the trustees sammoned u Misses/ by
his Ho sour.

Mr. Tanner repUod that Mr. flossota7 had in his
answer to Mr. lisirkes smarmed Ida willingness, U b.
would some over to Know]. House and see him, to
confer with him on Um matter.

Mr. Harker pat in tits following WON, witio6 was
read.

Poole, 3144 October,
Dear 81r,—We should bar bean very glad to go ovr to
Knowle to re yon. If you molar a rearmed, to treat the
truet eked, made without the rant of Cron, aa • nullity, as
we believe It iv, but unroll you m regarded It we do not ass an
Interview from Ult. ram for which we reek you, word
Olin anything. Ws are fortified in the ornioe we entertain
by that of rectal other legal gentlemen. Were the Sena.
ruptey put en end to Lhe surplu. [MEM, be muted with Crow'
urea, and we lugger to you that If you band over to. mousy
then, would be no one WA mold tray easeplain, sad we
strongly Seller that everybody would nopro.. that tonne.
Tours touly,
Mamma 4WD Henan&
To St John Coventry, req., the Kneed', Whaborna
Mr. Tanner Raid thus his divots had given Mr. Harker
every opportunity to ham met and eonforred with the
trustees, nod it certainly wee a very greet ineenveelseee
to them to be obliged to be present.
His honour having mon% Mtn:noted that any elm of
the gentlemen prment, which ever they plowed, would
have bees suflicient, inquired if the deed wee in wort,
nod Mr. Toone, having produced it, it was rood by the
registrar, Mr. Rawlins. The following is a oppy

This lnd.ntur. made tho 19th day of °doe, UM, beets
Chime Wright, of No. 136, Tketenreet, in Um city of
theme, the cashier of the Dolly Telegraph of the
"a. Patt, sodsodthe Bev. Augustus Hemp, of Cork %,BM, in
the county of Bonet, ckrk, the Boy. itobert Plume, of
Cork Mullen, aforeed, tint, and Bt. John Coventry, of the
Knoll, Whnitorne, in the county of Dorset. Esquire, of the
other part. Whereas, John Cotes, of Cork Mule, in the
Mety of Dore labourer, woo lathy sentenced to pante-
meat for a trilling ogee, committed under Um 'nem of
pow...v. and the • ordthip of the ere boring male con -
Womble public comment, room partieululy mln the Dotty
flategropa newooper, mony between% forwarded to
ths editor of that newsroom oslrtbgtlon. of met to be
applied for the old nod benefit of Um aaid John Cram and his
yeadly. And where, out of the moa se so collected, carte
sums have be signed for th• beadle relief of
the add John Croat and his family, and In dieeme ef the ,
expenses of the preparation and e mention of Use preempts,
and the remains In ch. Mork of the, mid Chare Wright
the balance, • sum of , which it hos Mee determined to
invent for the benefit of the mid John Croft and hie family in
meter hereinafter Menthe And where these Augustus
Kamp, Hobert William Pietro, and St. Joint Coventry hare
njdto act oo veer. of the MO to be Meted, and the mid
ne Wright has theostilhWlT paid Wm mene to them, as they
do hemby acknowledga. Ne, this indenture witamseth that
they Um mid Ammeter' Knew, Robert William Phone, sod
Ift. John Coventry, do hereby, with the privity and meant
of the cold Chula Wright (temed by his heMg a party to sad
*malting tele prewento), dee nod agree that they, abe
said Augusta. Rep, Hobert William Titanic*, and
St. John Coventry, and the survivor. and survivor of
them, and ths execute and administrate of we
modem, shall arid w II stand po.ss of the mid sum of MO
upon trust during the life of the all John Cr.., and theoce-
forth dues the Ws of his widow (If in shall eve ono him
surviving), to pay and ugly the interest and loom. tithing
therefrom, unto or for the benelt of the mid John Ones, or
any wife or widow of the mid John Ore, or the IWO/ Of the
mid John Cram, whether by his former, or peanut, or soy
°tie wde, or mom or OM of such lee, Olr al Or &DJ of thee
object,' of this discretionary trust, uclusively of any other or
nihere of them, in sUell shares sad proportions, and in such
manner as tho trustee. or trustee for the time hoing of the
peseta Mall in their or his absolute nod uncontrolled discre-
tion the St, It being intended that the aidtete or
tra lee shall pay the mid Interim' and inolllllll to tbil mad John
Cram daring his life, sod oftervords to the widow, if any,
of the mid John Cre, during hew ilk union It Mall at
any time appear to the mid teem or tree that
there is remonshio mom for otherwise applying the
me. or any part thereof, according to the toms
of the disrietbonary let hereinbolom =Maimed. And
front and after the of the survivor of the the mid
John Crewe sod say widow whom lee may 1411110 he surviving,
then te the mid tree oft trades ell pay mid olride the
mid truth funds and the Income thereof unto and &monist
the lee of the said John Cross within the period and limit.
of remotent, allowed by law, or some or ona of mch ions
at such the el in such proporOons no the eald tree or
trues for the tee being in their or his theoluto discretion
shall think fit, And it in hereby deem' that tho mid
trues sell Ines the mid trust fuod In their
nem at Int...rod by deeded the me with the
National Prorinend Hank of England or any other Joist
stock banking temenl. or by laying eut the nee in
lb. public rand., or on Govenment melte with Bete
Com time to time to treader the investment thereof inth any
mime eurity hereinbefore suthoriaed, us the mid trustees or
truee may think St."
• • -

His Honour: What is the date or the alkali:in
creditor's debt?

The deb wu due beton the =maks
of tin trent deed, _

Hos &soar— —7—ammo• you rive mo dotes?
Mr. Harkos : I miamo4 say examay wins sk• WI gaols
won kaL

Mr. Worland, one of tbe erediton, stated that hie
amount was for goods supplied from Droember, 1666,
aad op to Marsh, 1666, and amounted to kb 19e. M.
Jibs Honour : The principal and detaining creditor is
Mr. Jacobs, of Poole, is be la court?
On being MOM Mr. rlattata amid, that by Mrs. Orme'
wish be wrote • letter to the editor of the Doily file.
IVd received • reply dated (Wolter 116th, 1866
an
Honour The deed is dated October Nth, 1866.
Mr. Harker then read the Otter :
Daily Teimrepis 011 es, October, to, tet6.
In real at your not* beg to say that tnallann bare been
to Cron' fund, to whom his maw MO be treat-
(Birscd) J woman's:rt.
His Honour to the witness: Cannot you give m the
date when you last supplied goods to Cross?
Witness said he had them entered his ledger but
had not brought it. The amount wane running aceoent
and pad of the goods wen bad nine months previous to
tie bankruptcy.
His Honour: What is Ho amount of the whole of the
debts?
Mr. Harker : E 45 lb. 10d.
Cross examined by Mr. Tenney: You say that Cross's
debt was sontracted olc• months previous to the dabs
of the deed. Bow do you make that oat? The deed
was made Mb October 1866. When was the first Beni
of the debt contracted? Witness : The debt began ill
1865, and ended In November 1966. Mr. Tensor: But
you mid that the debt was contracted before the date of
the deed.
_ _

Hi-iii-Onour to Mr. Twiner : Th• moonnt la • running
amount, and ham been partly owing for • oonsiduable
period.
aßy Mr. Tanner: Wham did you supply the goods?—
I At Crones house, at Code.
Ite.esamined by Mr. Harker: Did yon not-reoeire
aommuniention from Mn. Crows authorising you to
I apple to Kr. Coventry for payment of your accoant
"Yoe.—What is the date of that order? It la dated
October 4th 1866.
The oommunioation was than read. It was am
follows:

"Totha R.,t Mena& Hemp and Plwatm and SL John

Coveneiy, req.
Osutlemen,—l shall be obliged 0 you will pay to Mr.
Snunanuel Jacob., of libigmrset, Pods, out of the
which you hold to me, Me sum of glO wzrn
ow* Min, and be wt give you a discharge of ..ny Wanes.
You will plisse to consider Ws as an smignamet to Mr. Jacobs
of m much of Ms fund you am bolding sa shall be sulicient
to angel UM instruction."

(Aged ) + ot John Cron.'
wul.: WUU.. Duidsle."

By the Judge : To whom did you send that order?
A.--To Mr. Kemp. Mr. Kemp on looking over the letter
said that there was a communication of • similar kind
sent to Mr. Plamptre, which was forwarded to him,
MO not in the nest words. He received it betook the
money was invested.
Mr. Tanner to Mr. Jambs: In answer to your applies,
boo to Mr. Coventry, did you not receive • letter dated
15th November, 1866, to this effect—
r. Bt. John Oorantry Is very sorry that he cannot help
Jaohs to recover the debt due by Jobn Crom. If Mr.
Jambs the to lets labouring man run up such a bill be
Drug take the eoesequatete..

A. I did receive that reply.
Kr. Harker, baring referred to the imprisonment of
Cross, for tbe debt, his Honour said it waa that which
appeared to him to be the harleet pert of the case,
that a man who only owed about £45 should have execu-
tion taken against him, when be had live times that
amount, and could pay every one in full.
Mr. Market said his Honour would renumber,
that at his examination before the registrar, and also
at the last overt, Cress deolared that be neither
signed nor gave his ammit to the terms of the deed.
Mr. Tanner: I beg to say on behalf of the trustees
that that statement was entirely Ulu, for not only did
he give ht a anent, but it was 6:newly by his wish that
the terms for the settlement of the money were drawn
up as expressed in the deed. Cron has grossly perjured
himself and we are prepared to prove it.
Mr. Harker said both Orme and hie wile were in
court.

His Honour: Their statements will not weigh with
me against the evidenee of four sub respeetable gentle-
men as the.. oa the other tide. The question before
the Court is, not whether Cross gave his went or not
to the terms of the deed, but whether the claim of the
detaining creditor wu ,thie before the deed of trust was
nude His Honour baying eery minutely examined
the deeds remarked that he wee never more surprised
than when he heard the recital of it. It only required
satielsotory proof that the debts were @winded pre.
yious to the deed being drawn up to enable Mr. Harker
to file a bill in Chancery to eel it aside. But he thought
that if some arrangement will be made it would be
better, for should that Ow be adopted a eonsiderable
proportion of the money would be swept away in cwt..
He suggested that an amiable arrangement might be
made. He suggested if the trustees bad no olbjeotion,
for the creditors to take two thirds of their claims.
That was a matter for the ceosideration of both parties
Mr. Harker, on behalf of his client, and Mr. Moore
fpr the other creditors, said they would he prepared to
secede to such an arrangement.
Mt. Tanner on behalf of the trustees said that such a
proposition 'lgnited time for consideration. and the
result wee that nothing was definitely
We however were afterwards informed that as the
trustees 'elated to be relieved of their charge. Mr.
Harker will be left to take bit legal remedy by tiling •
bill in Chancery to set aside the deed.