The Express.
London, England, 1863-08-15 00:00:00

tab) inulligence.

COURT OF BANKRITPTCY.—,scorer 14.
(Before Hr. Cionuniesioser Faso.)
IN RR DION BOUOICAULT.

After the termination of our report yeeterday.
The bankrupt wan ezainioed. Ile said that this was not his
!rot failure. In 1849 be woe iosolvea• That was his only
failure before. He had paid the debts he then owed, but
did not know whether the vesting order had been rescinded.
Had returned Mr. B. Webster at a debtor to hie estate
rd 1,21.10/. They were joint managers of the Adelphi
Theatre fur pine months, from September, 1861, to June,
Wt. The profits were equally divided between them.
The theatre was profit..ble, but oot so much so as it had
been in the
had
year. His share was
about COW. ; had received 4,0001., and he thought
that 1,•90/. was still due. He bad accounts between him-
sell and Mr. Webster, but they were very imperfect ones.
He Lad not given them up, as they related to • period an-
aec-leat to 160 present accounts. They related to the
1,2001. which he had returned as an asset. He was per.
fectly ready to give up those accounts and every other paper
so the assigrieea. After June, 1862, and previous to taking
the Westminster Theatre, be was solvent, but did not know
what his surplus then was—bad not made out the account.
pe might have been worth 10,000/. or 12.0004 after payment
of Lie debt... He considered himself worth much more, but
be was taking it as if sold at a sacrifice. In December last
be opened the Westminster Theatre, formerly Astley's.
He had taken the lease in October. Messrs.
Patrick had been employed to replecish and repair
She theatre. Of their account of 2,8001., 2,100 f. was
afililite. He conducted that theatre from December up to
April last. It was conducted with • clear profit. Could
wet say bow much ; it was in the books. It would be
about 9001. In May last be entered inform agreement with
Meson. Stephens and Gray for the sale of his interest in
that theatre, with some surrounding property, and some
property in the Haymarket, which he had agreed to
purchase for the purpose of erecting • theatre. The
pmchase-nioney for the two estates was to be 40,6701.
Tin Haymarket property wan about 17,0001. ; bankrupt had
;peed to purchase that property, lint had not paid for it.
Hs was to receive 18,000/. of the purchase money on the
btla of Bay.
. . . -

The CoMmissimier—Were there two theatres?
Mr. Liuklater. —No ; only one in ease, the other in
pu.e.
f...arnimation continued—Of the 18,0001. be rely received
2,100/. The company was unable to pay—be meant Messrs.
Stephens and Gray—at least that was • question of law.
The 2,500 f. went into his banker's, and was disbursed in
various ways. He was obliged to ake use of it—believed
his account was overdrawn at the time, but was not quite
num Between the agreement with Stephens and Gray,
the New Theatre Company was in process of formation, and
was soon after registered. Bankrupt was a shareholder to
the extent of one share. (A laugh.) He offered to take
IMO. Had signed the articles for one share. lie offered
to take 1,000, and to pay for them out of the money he was
to receive. The capital of the company was 125,0001. In
25,000 Warm. He was one of four promoters. Had not
the slightest idea what his liability in connexion with the
company was. He had not paid any expenses in connexion
with the compazy. He end three others, Mr. Stephens,
Mr. Kimberley. the solicitor to the company, and Mr. Mar-
tin, of Lengham-place, agreed to pay the preliminary ex-
penses among them.
Mr. Lawrence here took the objection, that as they looked
to the new company as a valuable suet, public discussion
might injure its prospects.
Mr. Lewis said he wu quite ready to take it privately.
Mr. Linklater—Oh, no, no. We court publicity.
Mr. Lawrence—So does Mr. Bouciceult.
Stainination continued—The four signed • paper stating
that they would he personally responsible foe We prelimi-
nary expenses of the company. His share was to be 3-Bths.
Be had returned as liabilities in ooenexion with the com-
plumy a sum of 3.912/. That represented the gross
amount for which his estate would be liable if the others
did not pay their shares.
Mr. Linklater—Though it stands as a debit against the
@Mete, we hope that not a shilling of it will be proved.
Itankrupt—Not 1,500 shares in the company were taken
cop ; there wore 5,000 to be allotted. Though he had only
applied for one share, at the instance of Mr. Kimberley, he
bad bought up certain proinhes for shares.
Mr. Liuklutar said the assignees disputed that liability of
1,104/.
Ilzaminatioe continued—The transaction with Mr. Puke
Ire the praline of 4:0 shares on behalf of the new com-
pany had been explained. He gave Mr. Peaks an order
from the promoters of the new company to purchase about
400 shuts in the company. They were not on account GI
the company, but for the promoters, himself, and the three
others. The shuns did not really exist at the time. It was
what they called a time bargain. It was never intended
that the stuns should be delivered. His instructions to
Puke were to hue them as low se possible ; he bought
01)014, at j, and some at I premium. He could have got the
shares, it he had liked, for no premium. He was merely
buying a quotation.
Mr. Lewis—ln plain terms, rigging the market ?
Bankrupt raid he did not understand those things. This
wee the first time he had been in the market. He was one
of the promoters, and liable for the expenses of the com-
pany if it did not answer. Had certainly not asked Mr.
Puke to buy at a premium, but u low as be could.
Mr. Linklater objected to this examination, as the
assignee intended to resist Mr. Pesks's
His Honour Said Mr. Lewis MIS in possession of the court,
but he should certainly not sit after four o'clock. (Laughter.)
Mr. Lewis—Did you lose any money on purchasing and
selling shares in the new company'
The Commisidoner-1 shall certainly not require him to
answer that question.
Bankrupt—Mr. Rickards was the broker of the company,
and whatever I did was by his instructions and Mr. Kimber-
ley's. !left it to Mr. Rickards to buy or sell, uhe thought
best. This was for the promoters, not foe the company.
He had not Mr. Richards' account. It was in poesession of
the 'misuse.
My. Lewis required its production.
Mr. Linklater said the assignees disputed Mr. Rickards'
shim.

Examination continued—There were four 'or five items in
Riokards' amount. Some of them might represent losses.
Athens, were issued to the extent of 1,500; at least he had
heard so. He believed the money was paid on the allot-
meet. The comp my was since wound up in Chancerzae,rat:
least he had heard so. He did not know it as a
balder.

His Honour said at this stage the matter had better be
adjourned
After a conversation,

Mr. Linklater said the assignees had thoroughly investi-
gated the account.", and were perfectly satisfied. They were
sioavinced that Mr. Borten:suit had given up everything be

Mr. Lawrence pressed for an early decision of the awe,
and said that Mr. Boucicault was engaged to perform at
Liverpool for the next fortnight.
Mr. Boucicault said he could be here any day by smel-
ling all night from Liverpool, as he had dote in order to be
bare to-day.
Mr. Lewis saw no reason for urging the case on, as Mr.
Boucicault was gander an excellent livelihood.
Mr. Lawrence said that it was necesaary, with reference
to the copyrights, that Mr. Bow:iv-atilt should be kept be-
fore the public.
'"• ' "

matter wan adjourned till Wednesday
sent.

ASSIZE INTELLIGENCE.

HOLE OIRCIIIT.--CROYDON, AHOrri 14.
(Before Baron Bramwell mod Special Juries.)
HOWIE AND ANOTHER r. PONTIPYI AND ANOTHER.
This w an acting upon a cookout to recover the prim
mimed upon for a large quantity of old metal supplied to
the defeadaeta.

Mr. Hawkine, Q C., sod Mr. C. Pollock, were for the
plush!'■, and Mr. Lush Q.C., and Mr. Bereeford were for
the defendants.

The plaintiffs wets metal merchants, and the defendants
marry 0 0 WI extensive busioess of the same deacription in
the Qty. It appeared that they bad contracted with the
pt►iutiffs for the supply of a considerable quantity of old
metal, and the ground upon which the clam: was restated
wasthat the metal supplied was not according to sample.
The case was one entirely devoid of public interest
ribs jury in the result foam, a veidict for the plaintiffs
for the full amount claimed, less 205., which 1,744 allowed ea
account of tome of the metal betas of au inferior descrip.
ties.

NORTHERN CIROU IT. —LrviatrooL, AuGurrr 14.

ertown Conirr.—(Before Mr. Justice BL;iekbure.)
BICNTYYCL4.
His Lordship passed sentence upon the following pri-
soners :—Willuset Johnson, William Murray, and Joseph
Urea (all youths of 17), charged with burglary at Liver-
pool—Jobueoe tonic months, and the others to 12 mouths'
Imprisonment ; Henry Jansen, V, burglary at Liverpool, 18
tematlts' imprisonment; John Wilson, burglary at `Salford
(previously convicted), four years' penal servitude ; Mary
Carr, burglary at Salford, aix months' imprisooment ;
John Swat k. for the manslaughter of his wife 4 Manches-
ter, 18 moot& interlacement
ROBBERY WITH rtountex AT LIVERPOOL.
Thorne. Finnerty (2')) mid Catherine M'Croth (30) were
eharged with assimiti lig and robbing John Laing, at Liver-
pool, on the 31st May lest. Laing, it appeerivi, met the
female prisoner in Chapeltatreet, near the church, and west
with her torment publicthousee, upon leaving one of which
he was seined by Finuerty, who grasped hint from be
bind. knocked down, and then robbed of his
watch by the two prisoners. The police were on
the alert, and though Finnerty was captured almost
immediately the female prisoner was not arrested
swill the following day. The watch was not recovered, but
the prisoner having been clearly identified the jury (mod
both Guilty. Finnerty (who had been previously con.
.toted) was sentenced to 10 years' penal servitude, and
M'Orath to 15 martin' imprisonment.
. _

TAogßal Board!. described as s French polisher, woe
charged with stabbiag his wife, Mary Boswell, with intent
to do her grievous bodily harm. On the 3rd of Julie the
primmer came borne to bin boom, in Kingetreet, Southport,
very numb iatoxicated, sod a violeet quarrel took place
between him and bin wife. Liter in the day the wife
*ought rotection from her bitsband'a violence at the house
et , aimed alerseeoe. While she was thee the