The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1886-08-14 00:00:00

SATURDAY AT7CRYST 14, 1886.

SERIOUS CHARGES AGAINST A.
BANKRUPT AT WORDSLEY.

At the 13rierley Hill Police Court, on Tuesday, I
b fore Messrs. H 0, Firmstone and H. Smith,
Josenh Hand, hop merchant, of Wordsley, appeared
in answer to a number of charges brought against
hin under the Baukruptcy Act. Min C. Herbert
CoiLs prosecuted on behalf of the Treasury, and
Mr. intzgerald (instructed by Mr. Helberton) do-
fed d. There were six charges against defendant.
One was that the defendant, *thin four months of
th presentation of his bankruptcy petition, ob-
taint d, under the false pretence of carrying on
busiress and dealing in the ordinary way of his
trade a quantity of hops from Messrs. Biddle on
credits and had not paid for the same. A second
summons charged the defendant that he did after
the peesentstion of the bankruptcy petition attempt
to account for pars of his property by a fictitious
1053, to wit by a payment et £36 8s to one Lowe in
the month of February, 1886. Defendant was
further charged Vatt he did not, to the best of his
kno3 '‘edge and belief, fully and truly discover to
Mr. L'. Percy Jobson, the official trustee, all his
re -1 end personal property to wit, a sum or sums
of money received from Elisha Marsh in February,
IBS3. He was alse charged with being privy to the
maki, gof a talse entry of a payment of £36 8s 6,1
to one Lowe, with the intent to conceal the state of
his affairs. The two other charges were that Is ithin
four months before the presentation of his petition
he pawned, pledged, or disposed of, otherwise than
in the ordinary way of trade, property which had
been obtained on credit, and had not been paid for
—to wit, a quantity of hops obtained from Walton,
Turner, and Walton. and from Messrs. Biddle
Brothers, both of London; and that on the 30th
September, 1885, he did, in incurring a debt with
Walton, Turner, and Walton, obtain credit by a
false pretence. This latter charge was first dealt
with on Tuesday.
Mr. Collis, in opening the case, said the defend-
ant's )iabilities amounted to £2,579, and his assets
to £191; whilst it appeared in the trading of the
last slx years there was a deficiency of £5,200. at
was evident from the examination by the Official
Receiver that Hand knew for the past four years he
was going behind. During the few mouths pre-
ceding his failure he appeared to have made a
plunge to see if he could recover his position. He
apulnd to Messrs. Walton for samples of hops; and
they began by asking for a reference. He referred
them to Mr Insull, auctioneer, who made no reply.
Hand then gave the name of Mr. James Whitehouse,
Burnt Tree, and in the meantime, by some mistake j
a clerk sent on the invoice of the hops. The answer
of Mr. Whitehouse was not satisfactory. and the
firm then declined to send on the hops or to do
business except for cash. Hand then wrote stating
1, he had sold the hops at a profit of £3O, and unless
they were delivered be should commence an action?,
On that Mr. 'Walton delivered tine hops. In his
examination Hand was asked about these hops, and
he admitted he had not sold them when he wrote
that letter. He further acknowledged, in cross--
examination, that instead of clearing £3O he lost
about that sum. It was on the false representation
of defendant that he had sold the hops at a profit of
£3O that Mr. Walton eventually sent them.
Alfred Walton, hop merchant, 39, Borough,
London, said the firm bad an application for a
sample of hops from Hand. Reference was asked
for, and defendant named Mr. Insult. auctioaeer.
No reply came from Mr. Insull, acid witness's firm
wrote declining to open a credit account. Defend-
ant then referred the firm to Mr. James Whitehouse,
of Burnt Tree, whose answer was not satisfactory.
Witness then wrote refusing to deliver the hops.
Defendant replied that he had sold the hops at a
profit of £3O, and unless the contract was fulfilled
he should require compensation. Witness then
wrote stating that as defendant had sold the hops at
such a good profit he would send them on. The
hops sent were of the value of £lO5.
Is cross-examination witness said it was not be-
cause of the threat that he at length sent the hops.
Be knew after he had accepted a contract, he was
liable to an action if it were not carried out.
The file of the proceedings at the Stourbridge
County Court was put in, and it included a /short-
hand writer's notes bearing out the opening state-
ment of Mr. Collis,
After some formal evidence, the case for the false
pretence was concluded, and Mr. Fitzgerald replied.
He said the false pretence was that he (Hand) had
sold the hops at a profit. The bargain was com-
pleted on the 25th September, and all the corres-
pondence after did not affect that case. Had the
goods come at the proper time they could not have
been sold at the proper profit, and not by auction
at a loss.
The Bench said they found by Messrs, Walton's
letter of the 24th September that a contract was
entered into to supply the hops, and although upon
second thoughts they held there was something
unsatisfactory as to the reference, it did not alter
the iacts. The hops were obtained by a contract,
and not by false pretence. The charge would,
therefore, be dismissed.
Mr. Collis then called attention to the other
charges. He said the defendant filed his petition
in March last, and within four months of that time,
when he knew he was going down hill very fast, he
contracted several very heavy debts. He had
goods from Messrs. Biddle in December, and some
of the property had been sold at Birmingham and
Wolverhampton, and within three months of the
bankruptcy. It was known in the trade that to
sell hops by auction was "slaughtering them," and
it was not a disposal in the way of trade. In ex-
amination before Mr. Jobson defendant admitted
selling hops by auction.
Evidence in support was given by Mr. William
Biddle and Mr. Alfred Walton, who said that some
of the hops Bold at the sales fetched 445, and they
were invoiced at 565, and others at 56s invoiced at
655.

_
For the defence Mr. Fitzgerall said Hand sold
the hops quickly because of the falling market, and
not, fro:a any desire to defraud his creditors.
The magistrates said they should commit the
dofend.tat for trial on the charge of having disposed
of go Is obtained on credit otherwise than in the
way of trade, but they should dismiss the summons
as to ,the obtaining cf goods by false pretences from
Messrs Biddell.
uesday next was fixed:for the hearing of the
o th el:summonses.