The Express.
London, England, 1852-12-20 00:00:00

the sestegimest et the Wyk, Sad sad bedlam
saw step be amemeedatioa. The doge el
&ass meenneliiien bib was very slightly eappeemell
the mesas of paw et tisk class was this
with the vast extol* of their trading. ThMsolomellOM
that Kith and Co. mesemmodated Keith sad ibeaderh
he emphatically dialed. lioth firms only dealt with tw
houses- Durant and Co , and Mr. Draketord. The forma
hover, knotting that Keith and Co. was • new line,
preferred to deal with Keith and Shot:derides ; sad is re-
spect of those transudes* bills wore drawn by Keith sad
Elhoobridg• ea Keith and Co. sad given to Durant and Co.,
in payment for their silks. The estate had not been injured
in this way, foe Keith sod Co. had taken up rem sae of
thate bills. Thou was is reality no fousdaties 6o this
charge of acossimodation ; it was one of there matte. of
which Mr. Keith complained. as tending to prejudice him
with the mut. The bankers, Willie, Percival. and Co.,
knew all the trssuactioss of both firms; and they contented
to.anist them till a late period in Ital. The ezes-sive ex-
penditure had been dwelt on. as compared with the pai-
nts ; but as Mr. Snoobridge was the ialesnian, Mr. Keith
had very little cootrol over that. On the ground of an al-
leged fraudulent preference to his brother, it had been coo-
tended that Mr. Keith came withia the 4th head of the
peed settios. Under this seetioa the same minuteness and
particularity of evidence was requited as in an indictment;
and if there was any doubt. Mr. Keith ought to have the
benefit of it. The only evidence was that of Mr. Keith
Willett; neither Mr. Squirhill nor Mr. Goode had been
called.
The Comaissioser—Then if that ground is to be taken,
I shall order Squirhill to he put in the box. Because, it
the ease goes elsewhere, this other es idence will no doubt
be relied on. In this respect, I think this court his set
always been fairly dealt with.
Mr. Reed said, in the whole of his esperienee in bank-
ruptcy he had sever kno en but one appeal which could be
strictly so called ; in ad others, fresh evidence hod bees
introduced.
Mr. Linklater said the court of appeal was always eirefal
to point oat the additional evidence that had come before
it, and the hearing it had oc the case.
After • eouversation, it was agreed that the evidence
given by Pepirbill on his private examination should be
read. It was to the effect that on the 21st of February, a
few days before the bankruptcy, • bill for 2001., drawn by
Keith and Shoobridge on Keith and Co.. was given to
Goode, and that two similar bills were debited to her. Alex.
Keith, of Olasgow, the bankrupt's brother, and handed
over to the bankrupt.
Mr. Liakiater contended that this evidence, coupled witk
that of Mr. Keith himself, was sot satieiently precise.
The two bills were not described ; even the amount wow
sot gives.
The Co

—•r • bankrupt, who is bound to
glilli•OO the whale of his transactions, any right to take
advantaged those points, and to put the case, even at this
etege manila aiel-a-s proof ?
Mr. Liakleee--Mat Is not this ease to he tried the same
as any other ?
The Commierimer—As any other lee lebasbaspety. If
I put Mr. Keith into the boo now, sad ask hie area hie
oath what has become of those bills, and he dose me or
ewer, I should commit him at once.
Mr. Linklater—He has been examined, not sass,
twice, bat dime, on this subject.
The Commissioner—Then he admitted what had bane
of the bills ?
Mr. Leklater—Pardon no ; he don not.
The Commissioner—l can scarcely trust syeelf he ea
prow by sarprise at such a line of defense.
Mr. Lisklater—Your Honour sees Mr. Keith he. bees
charged with • fraudulent preference ; that fraudulent
pretenses established, he is a prissier. Your Honour is
dealing with the liberty of the atableat.
The Commissioner—l animas with the obligation that
rests upon the bankrupt to webs • toll dickers of his
estate and effects, eves though. is Meg it, as Lord Eldon
said, he should pot the baba mad his seek.
Mr. Linklatar—Bat I an aid assesses that Xr. Keith's
Ebony should be wet We thgebeasest follow,
from the admisaioa fir/ 0.61111•1 whisk b. pear. met evi-
dence is the case, bad that his ea 4011111 absent
be waned to gin • neming which they whop de well
bear. lam perfectly willing sow to pat my client eft the
be, and let him sea the risk of imprisonment if hie sa
even are sot satisfactory.
The evidence given by Mr. Keith at • former weft
was read. He stated that be believed, frees intestates,
that be had mat two bills to his brother about the 21st
of February, bet that he had no recollection of it.
Mr. Liuklater contended that there lOU no evidence that
the transmission of the bills was by Keith himself, or that
it was made before the bankruptcy, and consequently with
a view to prefer • particular creditor, and in con-
templation of bankruptcy. The examination did not state
when the bills had been sent. He had no recollection of it
himself, bat lowly believed it on the information of Squir-
kill. The evidence was an entire blank as to the
time. Nor was it shoes that the bills were the
property of the firm. Considering what would be the
result to Mr. Keith if this charge were established, he had
a right to avail kneel( of every legal seam of defence.
There was so proof that the bills were endorsed by Keith,
which they fame have been to coalition a payment to
Alezander Keith. Assuming that the bills were sent to
him, the object was not to give him a direct preference,
bat to 'ebb, him to meet • liability whisk be had anaved
to Xeres. Willie sad Co. on account attire hothests. The
mast it was tad that Kr. Keith MI seuesitesi sa
Wesel small the pt laws, ho lad gethb ileselewl
and had ism ell in his power le_ ape the Pe book. The
base et the baluspte, it MI boss easesi.
W sheathed • Rases. reputation ; sad SIB the
Vto aselearkely eases et the Dukes herd, ebe
'sesame had ad to limn. Keith be the sallibi
to leas As amp, el the foaled me. It ail
set be death dot die bah is goads heal Oak IS
Otsego+ bat the gethethes, ifsay, woe to Mews.
who Ise bees preesing mast. The
dose in his power to plass bath ; anditigaiseb
insbabowlel Y twaging bask to the abbe 3,400/.
/b. Roth—latlemsatal It has bees btosght Ink la
alto st_ hib. Wyss glees
Xr. wait senesced that he had bees bath
instal is reeemerbi Oh ;sporty. Then wee eadeshe-
idly a Is. to the scab of 1,1001. from Mabee is railway
shares, sot has time Megan or thin epsedeiless. bye
ups wham tenerestiews. melt so seise Oedemas 1111611
is *shale et wanks Ira Of the seallika et hie gth
see estate Oho meta" bad no sesta wharves to ai
pals—the whole amount of his unthoptheil lAN thing
man lON. The liabilities of 1,1121. anigileed Mill ab
seise glees ma was, la Yeast Y. IWO. tes the
et sha
abot eight. Me mend assailag• tit
Wasiarese heisee hoes eseealse st wprams
ls
Tier'

•Tbe obisetins *posed aging the
haohnipts is this mise men—isits lithium Mehl I
..really, dosing in assenneletin lab ; thirdly, new
save streakier*, sad fourthly, sisals, with respect to
W transminies of torten weds to Nub, the partner I.
the hone of Keith and Co. Then it elgestione an said
to to both partaen. Then en easy taw eljsetins
lag to Keith aloe* : Ink that the hese.
of eaten bills to his bother, Aksimise
Keith, was a froadeleat preforms; rd niessoft, wt
he hal mama cats certain stork soil than daaYap ea
whin there our a loss. altetheidge separately
then is a of a pftenme ; bat I haws
&toady dity et that; I dens wee se
Sow, ea to maid= Isailbei ft b eseemsed es
waiW
7=4 the enrage Ike bon no beftwyn. dot
Aso was a meter trading—that is to sag. den their
Ines( enlisted its. after it had boss= lepolon that
they could retrieve emir sktania. To solossemi this
abaft it is he • IMO back bite no Wan of
ft dram Up te tie panseentsuse Wino Keith,
and CO, I dilak ; bat It onfted of Wines, Keith,
mad dboshringo. Wbea that yaltaeolip was dftiod, it
that their basks= had beie • @memoir =
see, sayeebey• by no rapist tufts et M. Wine; sal
at the issedwithe lino was • esegiew et toorblniftesd.
lay 8,00111„ of rash WM= tart ft USK. Keith
was eationd r MOW, mei Ilbsobeldis to 1,41111.
sea o 6,0058. I Mink was Oboe ft le bii► now was
afterwards • ass melds, the mars of win b did ast
appear to la deay by whisk Wilma weft 4,MR
on Keith's sildhisse. Thm wank! ho miles, arm toil
but for *sumer is which the feeds one bolt our
afterwards. The Ift goat l Jame, VW led le KM
riot poled, nand of afarinstig to any to, as they bad
Wino demo • smsontal business, it appears, by a stseb•
taling of that mesth,theit the capital was all goof, sad that
the arm wee—a owl win cortainly-814. Lau. Now,
men tI by so mane lay it dews as a role, that when
an ninon, ft of bonesso had tbisieslos • few
pounds minas, they so ibsellso to oho, I think it very
amnia! that they Add pat es the drag, sad from
that time be partisehrly metal is all their trassaniess.
This, however, don not appear to have been the one, for
is 1648 the diefielessy 8.51. had bosses a delleissey of
3,0001. This. es • mom of gaming rid of that Whiney
lain
_afire Wit sire. I certainly did not very clearly
bow fiat separation wu to retrieve the afar,
of the dm It might give a tampon, relief by their
sifts of tbs silk stock, sad thus putting 7,0001 at ta•
Veldof the shawl area fur immediate occasion ;
eitheeigh that would be a toosponry relief, it
=.is a yormemoat loss, because it is very
bee ft sag of things, that the shawl hula...
magas Mei busloms, and the silk bylaws, ep to the
poem bear, has hose a seconsful lowness. How the
Su scald aspen to retrieve themselves by giving away
the host pot of then Weise= I daa't medasslea. Sec
Sore is so=kis mob ia whin lids tellizgalt
yams that I should hope, was sr le
emus of bads. faith takes away the silk
=with himself a person of the some el= this
Wag w birnW•in-law of the badmiipt Kehb.
sad Aloft to Keith's children. It NMI OM OW%
if w ate bats pt saythiag into the has, bressie
KUM idol ins it ; tbs INNIS vie* ma be limed
mat Is abset Ink tibia ft met ofty imps lie:e
mote, 101 l le no firm et port. Sat ft mess et went
Gods ft to h
at la was ft mew MINI imam Knits
eiddeas ; so Mat In point of feet Vie Am icirdari SRI
Geed% aesairly Keith and Co., was is seaa Mai
Kailles Mai& And I do nut think, in
man mtllny art Keith, StaDdiltlr in that swim ionlim
of a poor Is tot boa, scalded se waft
roof, wllb eft mem& Mirk Wyo. Om, did met
r Otiose hem loft ft in a preview this.was salami ale Keith bad contetesi toas
otos of Kiln mad Ifberwides for ft Waft of lbe den
ot Kota mid Oei—wt Kink and Gesio—ftado lens
Ihs mfteselades of LOW@ body. Ms
Aso brag sea disk Weft die two Oft intWeteltadut
latricasy la moral paladin. It Is said is ha owy
milt for • aim to rate two masters. I dare mg it a oft
dillort ft • dot to keep the soseemie et tin Inser
lamep vase de sum sof; bat it beimmgegilli sego NA(