The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-09-27 00:00:00

Legal.

ARREST OF A FUGITIVE BANKRUPT IN
AUSTRALIA.

At the (uillliall police office on Wednesday last,
Mr. David linghe*, of I:reshani-street, City, of 10,
l'aooobur3,-place, Islington, and of Kingsgate Castle,
Margate, solicitor, was brought up before Alderman
IlAwrence by Sergeant Brett, of the City Detective
force, who apprehended him at Victoria, in Australia,
on a warrant iasueil from this court, to answer the
charge of felonioudy absconding front his creditors, and
not :urrendering to hiabankrui.tcy.
Mr. Poland appeared for ti., prosecution ; and Mr.
Morgan, of the tinu of Humphrey*. Son, and Morgan,
of Biltapnr-ehambers, Newgate-street, conducted the
&fence.

The evidence in suppon.of the charge of nomsurrender
was of a purely (urinal character, but from the opening
'statement by eolith. I, and circumstances brought to
light from time to time during the 12 months the bank •
rapt has been away, it appeared that On time 21n11 14
.1 td V. I<et, absemided from his creditors and tied to
Australia. leaving behind him liabilities' to the extent of
about £1.10,000 or 1..9md0 1100. Within a few days after
his ilisr.ppearance a circular was forwarded to all his
clients and creditors stating he had retired from busi-
nem in eOnee.lUeMco of ill health, which induced several
to call at the office in ttreshaiii.steoet to protaota a
eettlement of their various claims, but, as the bank-
rupt was not to be found, and no satisfactory tidings
could be obtained about him for • time, application was
at length made to the Bankruptcy Court, and in the
early part of August. 18.-ot, he was duly adjudged a
bankrupt, and on investigating his accounts it was
ascertained that in his personal expenditure he had
exceeded the amount of his entire income by no less a
sum than coono; that • further sum of £40,000, con-
sisting of moneys held in trust For clients and others,
had been misappropriated, and that the total liabilities'
considerably exceeded C1:10,000, about I:110,000 of which
hail been incurred in bill transactions, Sze. With
regard to the bankrupt's estate, it was considered
eery hisignificant in comparison with the amount
of the liabilities, it being for the most part mod.
gaged to its full value. These fact,' being brought to the
knowledge of the ( • •itaioner in Bankruptcy a criminal
promecution was directed, and in April last a warrent
for the primoner'a apprehension was applied for at this
court and granted. That warrant was then placed in the
hunts of Sergeant Brett, a member of the detective
force, who forthwith proceeded overland to Australia.
Arrived at Victoria. lie lost no time in discovering the
bankrupt, who was in a comfortable occupation of a very
pleasant suburban rarest, but, on being informed by
Brett that he held • warrant for his apprehension, every
conceivable obstacle was thrown in his way to prevent
him bringing the bankrupt back. The clevereet lawyers
in the colony were engaged on either side to contest the
legality of the arrest at every point, beginning at the
police.court, before • bench of magistrates, and eventu-
ually liefore the Lord Chief Justice in the Supreme
Court of the colony, who finally settled every point of
law by backing the warrant. The bankrupt's friends
were, however, determined not to be defeated as long as
them was a chance left, and they therefore attempted
to get I • confined in an asylum as a lunatic, end had
it not been for the most unweried vigilance of Brett and
the decision with which he acted. the bankrupt would
have been 'matched from his bold at the last moment,
and when the object of his jounieying many thousand
of miles was all but accompliehed. Brett, who returned
in the Agincourt sailing vessel, has succeeded in bringing
his prisoner over, having in the short space of Ave
months and six days almost made the circuit of the
world, besides perfon nn inn g the duties upon which he was
sent to the mathJaction of all parties concerned, except-
ing, of course, the bankrupt and his friends.
Mr. Poland said he only propooedl adducing evidence
relative to the offence of no-surrender, and then to
ask for a remand,.Allll on a future day lie would bring
forward evhlrneo in support of various charges of fraud
against the bankrupt.
Mr. Morgan said lie admitted that the bankrupt was
inextricably involved in difficulties at the time he left
this country, but denied, newt emphatically that there
was a single element of fraud in his conduct throughout.
That the bankrupt had not the courage to meet his diffi•
cultic* was quite true, and lie therefore went to Austra-
liaa where his embarrassmente preyed no much on his
mind that he was for a churl time placed in an asylums..
If, however, he had stayeil, or if the assignees had made
any attempt to realise the property he had left behind
him, it would have tx•en found that, although the IM-
tidiness were ElllO,OOO, the value of the wets were
Elsti,olo.

Mr. Poland said al he applied for now was a remand,
and he thought at this early 'lase of the CLIO Mr. Mor-
gan's Mat, malt was somewhat ureinature. He hoped,
for the sake of the creditors, the assets would turn out
to he of that value.

Mr. Morn eun,l he mentioned it to show that the pri-
soner iit nut contemplate bankruptcy when he left this
country...

Mr. Poland said, however that might be, the bankrupt
when he almmntle d left hehind him an authority to di..
pule the ijudication in bankruptcy, and the adjudication
was cli.puteJ.

Mr. Morgan said, he should not have made any re-
lis at pret.ent if Mr. Poland had not opened the ease
as one of fraud.

Mr. Polso,•I said, whatever he had stated in ilk open.
log he would prove on a future oecasion. At the same
time, he felt it was due to the officer Brett to state, he
had displayed such an extraordinary amount of zeal and
energy. and such great intelligence and care in appre-
hending and retaining the bankrupt in custody till he
brought him safely to this country, that he WI& fairly
entitled to the greatest praise.
The bankrupt, who after the first 5 minutes appeared
very lunch pained at the position in which he found him
golf, was then remanded for a week.