The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-07-05 00:00:00

Legal.

EXETER DISTRICT COURT OF BA.NKRUPTCY.
WEDNESDAY, June 22.
(Before Mr. Commissioner ANDREWS.)
REDWOOD'S BANKRUPTCY. —ALLEGED FRAUD.
Re Joseph Redwood, veterinary surgeon, of Chemin-
stcr, Donut. This wan a meeting for certificate. Mr.
Stogdon appeared for the bankrupt; Mr. J. W. Terrell
opposed for a Mr. Bennett.
Mr. Terrell said he opposed on the ground that the
bankrupt had fraudulentlY removed goo& A day before
his bankruptcy.
The bankrupt wan thea examined by Mr. Terrell. He
stated that it %V.S some few days after the trial between
him and Bennett that he put a quantity of goods in Wal-
ker's hands to secure his debt. It might be three or
four days. It was not the day before he came to Exeter
to make hieneelf a bankrupt. The goods he gave Walker
were removed to an inn, kept by man named
Andrews, and was about MO yards from his (bankrupt's)
house. Bankrupt did not go with Walker when the
goods were removed. He gave Walker the goods as he
knew he had no mercy to expect from that fellow Ben-
nett, and that he woud be down upon him before he had
time to realise his bock debts to pay hini. The goods
were removed in the middle of the day ;it might be a
week before the bankruptcy. At the choice of assignees,
and before Mr. Bennett had taken any steps in the
matter, he told the messenger and Mr. Hirtsel where
the goods were, and tney were brought luck and sold
at the sale. On the 3:d May he had stated that lie had
given up all his property; for he did not know at that
time that there were gcods at Dyer',; they had been
removed there unknown to him, and while the messen-
ger wan on the premises. ,The gooc:s consisted of some
Fig harness, hay, corn, too. His bad not put them down
in his balance sheet as he eilimidered they had been put
in the inventory. There was also a gig there which had
been removed there at the time Walker removed his
goods. He had never possessed any plated goods—they
were his wife's, and he had never paid for any except
some electro-plated woo which his wife had bought,
and which he paid for it the beginning of this year. It
was some time in March he paid for them; but he did
not know whether it sat the 21st. No money pealed
on the transaction. He !might the spoons of Mr.Galpin,
and as his (Calpin's) nephew owed Bennett £7, which
wan the price of the spoons, Le., he asked the nephew
to pay his uncle. In arswer to further questions bank-
rupt admitted that he hid settled some small bills a few
days prior to his bankruptcy, hut very little monies
passed. There was kW 3s. 4d. due to his stepson,
Walker, for services.
Mr. John Galpin, of Dorchester, dated the plaintiff's
wife had about two years since purchased some plated
articles of him, and the money wan paid about the 19th
March by his nephew in the manner described by plain-
tiff. He had since that time received • letter from the
bankrupt saying that he Inderstood Bennett had been
applying to him to show him his books, and saying if he
had shown them he (plaintiff) should be obliged. F.
Bennett had several tines applied to lee the books, but
witness refused to show Mem.
John Dyer detailed the facts connected with the let-
ting of the stable and the matter following upon it as
described by the bankript
Bankrupt's examination continued: Walker had been
to school during • few :Doers of each day for a quarter in
the years 1856 and L. 457, but he assiated him morning
and evening.
By Mr. Stogdon : The goods removed to Andrews
and Dyer's were brought back and were sold at the
sale.
At this stage of the proceedings the Court adjourned.
THURSDAY.

The case of Redwood was resumed to-day.
Mr. Frederick Bennett was examined, and stated that
Le resided at Dorchester. About five years ago be
because acquainted with bankrupt. He was then as-
sistant to a veterinary surgeen, at • salary of £llO a
year. Witness on his application had lent bankrupt
money to go into business, the agreement being that he
(witness) should receive rine-fifth of the profits. He
advanced altogether 1:113. Bankrupt started in busi-
ness in January, Ifts4, and things went on well for
twelve months. In October, 11456, bankrupt complained
that one-fifth of the profits was too much. A day was
named for the settlement o accouns, and an min-
_.f t d f
. . . .

tration, but the bankrupt deferred the day. Ultimately
he referred for payment of whet was owed to him to his
solicitsri (Messrs. Manfield and Andrews), but they did
not pay him. They sent, however, a notice, informing
him that bankrupt would dissolve the partnership, but
he took no notice of it. Nothing further ensued until
the end of the year, when witness saw the bankrupt
again at his house, and a day was subsequently named
on which Redwood promised to show Bennett the books
and accounts belonging to the bankrupt, and to settle
with him. A few days prior to the one fixed on Red-
wood wrote witness a note in which he said he should
show him no books nor accounts, and that he knew the
law as well as be (Bennett) did On the 7th January,
183 d, witness gave bankrupt notice that he should
demand payment of the amount of the note-of-hand and
the interest, if he did not pay him, within one mouth.
Nothing further took place during that year, and as no
money was paid, at the commencement of the year IBG9
he placed the matter in the hands of his solicitor, Mr.
Weston, and a writ was issued on the 11th of January.
The case went to trial, and was heard at the Dorchester
Asaizes, in March, when the plaintiff, Mr. Bennett,
obtained a verdict for £77—the balance due on the I:100,
together with the interest—which with costa amounted
to about .ClO7. [The plea at the trial and other particu-
lars relative to it were here read by Mr. Terrell.] The
case was tried on the Bth March, and on the 14th wit-
ness again saw Redwood at the Royal Oak. He told
witness he had instructed his solicitors to offer him (Ben-
nett) 4:300 to settle with bins and get rid of witness
altogether. Redwood offered him £230 if he would pre-
vent the sheriff's officer from 'mixing his goods. Ben-
nett said lie would see his solicitors, and would do all
he could to prevent it. Redwood said, "Give me •
fortnight and I'll pay you." He added, "I haven't got
it now, I was obliged to pay my solicitor £4O before he
would take the cause into Court on the morning of the
trial ; but I have got £240 at home now, and if you will
give me • fortnight I will get the rest for you." Before
fourteen days he had filed his petition in this Court, and
no money was paid to him. Witness had previously
asked his solicitor whether Manfield and Andrews had
ever offered 4:300 to make it up, and he replied he had
not. The bankruptcy followed. Witness came down
to Exeter on the 3rd May ; but he had previously seen
the bankrupt at the Royal Oak, and Itedvrood told him
he had made himself a bankrupt. Witness replied that
he must he a rogue for doing so. Redwood replied, "1
did it to get rid of you altogether ; and as for the goods
you have been inquiring about, I have had them brought
back again, and JO you won't catch me there, although
you have been trying it." Witness subsequently heard
, that some goods, a wheelbarrow, and some horses had
been removed.
His Honour wished to know whether Mr. Terrell was
going to draw his attention to the points on which he
rested his opposition.
Mr. Terrell: Yes, your Honour.
Mr. Btogdon suggested the bankrupt should be
allowed to make any further explanation which he
thought necessary.
His Hone:MaZii, certainly.
The bankrupt then said : As regarded two riding'
whips which had been mentioned and not accounted for
in the balance-sheet, One of them he had lost and the
other was broken. As regarded the wheelbarrow that
was found in the possession of the miller, he did not
know that he had it ; in fact his step-son, Walker,
must have lent it to Hull while he was at Exeter. With
reference to Walker's claim nothing had been charged
for him in the first two years that the accounts had been
made, but in the third year £lB had been charged for
hiui, as lie then did the duty of stable-boy as well as
assisted him.
Mr. Terrell then addressed his Honour. The facts of
the case were, he said, pretty well before the Commis-
sioner, and were patent to all. Mr. Bennett had been
very anxious to be examined, as from report. that had
gone forth it appeared that he (Bennett) had been very
oppressive to the bankrupt ; but he considered Bennett
's
evidence on the contrary hail proved that he had acted
friendly towards him and had been the means of setting
him up in business. Bennett supplied him with all lie
, required, and for this be was to have one-fifth of the
profits of his business as long as he carried it on in Dor-
chester. This went on well for some time, but the
bankrupt finding that the business was likely to be •
profitable one, thought lie had made a bad bargain, but
he did not consider that if it had turned out unprofitable
Bennett would have lost his money. Redwood made up
the accounts for two years, when he began to shuffle and
did not make up the amounts. After repeated promises,
and as many non-fulfilments, an action was brought
against him (Redwood), to which he entered a false plea
and defended the action, thereby putting Mr. Bennett
to great expense. The first objection he (Mr. Terrell)
raised to the plaintiff's having a certificate was his un-
grateful and vexatious conduct to Mr. Bennett. As it
regarded bankrupt's step-son's claim, nothing had been
said about it until this bankruptcy, when • claim of £99
was put in for the purpose; he submitted, of making up
the amount. Ho than submitted that Walker was not
a creditor at all; or if he was it could not be for any-
thing like the sum of LW. The third point on which he
rested his case was the removal of bankrupt's goods by
Walker the day before the bankruptcy. These goods, to
the value of 200, were, he said, removed by the desire
of the bankrupt to cover Walker's debt. The same day
Redwood had also taken a stable of Dyer, and had re-
moved there • quantity of goods to the value of 4.30. of
which nothing was mentioned by the bankrupt until after
the choice of assignees. On the 22nd of March, when
he made himself a bankrupt, Redwood made no mention
of the goods at Andrews' : and while the goods were
at Dyer's bankrupt said he bad given up all his property.
4tlily, he contended the bankrupt had been guilty eif
fraudulent preference in preferring Mr. Galpin, Mr.
Pouncy, Mr. Tigard, and others, • day or two before
his bankruptcy; and in seeking to prefer his step-son.
Mr. Stogdon ably replied to the objections. He first
read the bankrupt's examination, taken on the 3rd of
May, in which Redwood said lie did not know hut that
the goods at Dyer's had been brought back, as he bad
ordered his man to show the messenger all Ins property.
He (Mr. S.) submitted that the goods found in Dyer's
stable, such as bag, oats, harness, &c. were goods
expressly required there, and therefore it was idle to say
that they were placed th.re for the purpose of defraud-
ing his creditors, as Mr. Dyer and other parties knew
they were there. With reference to the covenant and
the results arising from it, it was evident at the time
the accounts were made up that the expenses had
been greatly miscalculated, as they were undoubtedly
more than what had been charged for. Whether Mr.
Bennett had acted as he ought to have done as regarded
bankrupt, was a question for his Honour's consideration.
The bankrupt had, undoubtedly, intended to prefer his
stepson; but the other eases were ones in which small
amounts were due; and in the 'majority no cash passed

between the parties, and it Willi inmates. met Redwood,
at that time, had not finally determined to become a
bankrupt. The goods he had amigned to Walker
hid
nil been brought back again; and Walker VW in a
position to cl‘im his debt, which was no shadowy
pretence. Having mimed a for remarks on the
covenant between the parties, whieh no solicitor would
have drawn up or allowed parties to sign, and by which
the bankrupt was to pay about 70 per cent. intelert,
Mr. Stogdon said it was no wonder that bankrupt did
all he could to get rid of it.
His Honor said he should consider his judgment in
this case, which was then adjourned until Friday.
From the official assignee's report, it appeared that
a dividend of Ts. 6d, in the pound was expected to be
Paid;

The next business was to appoint a chaplain to the
Pliepton Mallet prison in the pLt-ft of the Rev. E. B.
Cozens, deceased. There were four candidates in the
field, viz. :—The Rev. E. H. V. Gowns (son of the late
chaplain); Rev. li. M. Biker; Rev. W. Ii Roe, and
Rev. J. F. Thrope.
Mr. J. C. Someartux said he might be permitted,
perhaps, to refer to the past services of their late chap-
lain. For thirty-four Tears he had filled that office, and
he had been a good, pious, and sincere clergyman. He
was rarely absent from his duties. When he informed
them that for the space of twenty years he had been
absent only about a week, they must all feel that they
had lost a most excellent and valued officer. Ho was
always at his duty, always on the spot; and he might
add that his life all but ended in the gaol itself, so
sedulous was be always in his duties. (Hear, hear.)
The names of the magistrates prompt were then called
over, after which the election was proceeded with, and
which resulted in the election of the Rev. E H. F.
Cozens by 54 votes out of 64.
The Rev. Mr. Comm returned thanks for the honour
conferred on him. He also thanked Mr. Somerville for
paying such a tribute of respect to the memory of his
dear and beloved father. He would onl7 add that he
would endeavour to perform his duty faithfully in the
sight of God, and also endeavour to merit their appro-
bation.
The Court shortly after broke up.