The Express.
London, England, 1849-08-09 00:00:00

THE EXPRESS..' THURSDAY EVFIfING, AUGUST 9. 1849.

meat neon bone eat by the laths baleme-..-,
The lams, feessim the mincipei kewl Isenft in the balsam-
gum es eidentell•ieg far the total abselsrafea of capital aid
the dellekney of e seem are thus anallithedr
ny Wed bon earates, diaereses Mem ant sad 4
&redsZmiss eVISS
5e373
a 1,339 •
Alloanarete Sydney sad ' '
111111Memilise 6,7.1
- • ••••. •
Maio a Mid of 1116,r113
I then, that at the time-efTtrirbirkersony the fins of
Oradell bask and Co., bevies tom in 4611 aims of liquid►
din ihr three yens, awed Mud 192,00014 end their Wank
as Dome before stated, had been above 1118,0001 The mo.
15,15 a, Mr. Carickakenk, In January 1846, was sheet
re-
Tb. capital .rMY, °Till• .coon y, hewerer d.Paud
widsh was all kis own; and that ref Mr. Street
• was. principally borrowed, was between. 9,0001 and
10,0001. The node 'spews, imindiag 18,0081. odd for in-
terest cm Messes. Trauma -and Cook's debt, meant to
21,9871. up to July 1846, when the Arm of Melvillsand Co.
commeased. Tits drawings by the several pennon doing.
the samertried wareruickshaok, 2,2341. ; by
Mr. Mel,i a, 1,1331. * Mr. .Mee. 1,0141. The-amera
under this estate for the crediton I believe will be nothiog.
Cade' the partnership .1 Meiviiis ma Co., and from the let
July 1846. after about 16 menthe' Median, I and the mow
cured creditors Saltrillit, te 27,8841., in addition to • sum
of 14,6351., a claim *gabs% the estate, being the saw
advassed by Mr. Oddy as part of the Wended espied
of 20,0001. of his sea, than • other* •who, whoa efi
age, vas to join the Arai. The greater portion of this sum
mg applied sa dissharp of the debts of the .id trim of
Cod -thaw& sod Co., which were Mini by Molville sad
Co., te seems ihr their house unpin mosmalle esesesita.
The HANOI me 38,2241 and the Isom Men laMgl The,
GSM weignee says the lamed she member is
trims, Mesas' by Messrs. Tamed= mil Cook, had proineed
;lr *ere -is Re upLibkat ow. ether meets. The
delonsis estimated it sbni.llllll iiniinite.Cruickskank's
mantis Mate I Sad weenie anerearod, 33,1911. ; wadi
leoltbellag security, 17,7011. ; sad property of ailing the
some
the The liabilaies are 20,8711. Bandanna the Ist Jan., 1846, was 27,3801. the
Wen est about 44,0001. About 1604. has Wm
soling mew this estate, sad nothisi more is riposted'
ladt hem it, Under Mr. lleivilWa separate *suite I
costs moored and unsecured to the molest of l
WAN. vibe eseeritiss are valued at 14,1821. ; leaving
no-
seemed 19,901. The Liabilities ars 9,0001 ' - the capital ea
die let Jan., 1846, was 2,7901. • the keels are 3,8581. The
,ogry gives up to the assignees was estimated so produce
• it has realised about 1,1001. • Under Mr. Street's
swees estate the unsecured creditors amount to 31,68.
Plisse holding security, to 1,2801. ; the liabilities, to 7
Eh capital, on the let Jan. 1845, was 4821. The
are about 10,8481. ; bad debts:l2,oB3i. His property a
las •
*mend 1,6001. ; peed debts, /231. 01
thew 9301. has
heft aad again; MOM is expected. Thus Wag
the Ammo fa these accesses, I think we have bot
em
sawn:able maheasat cm the latter port el **-
bankrupts' remeentile coarse. About the lth day of
July, 1845, the banktsp's, by deed, usigned to Meows.
Truman and Cook, or rather to Jima Faideigh
sad cohere, two ot whom were clerks in Messrs. Truman
sad Cook's eseploY, progeny and debts vatted at that dee
st 131,6101., whin may be considered the greater porffiest et.
their. estate, in trust to wain the payment of the debt doe
V the bankrupts toildenne. Trout= sed Cook, which was
10,0371., oaths Ist of Isna, 1845. Under this deed, the
trustees were auhuised to adman's fok the purposes of
the estate, aid to realise it at their discretion ; and after pay.
meat of the debt due to thaws. Truman and Cook, the
residue was to hi held is trust for the bankrupts' other cre-
ditors. Notwithstanding this assignment, the baskrupts in
their books continued to treat the property still as awn.
The Mutsu have realised the property and the securities,
and proceeds have been paid to Messrs. Truman and Cook,
who, alba the fiat, have tendered an account, which has been
adopted, by' the bankrupts, showing an emus of payments
beyond ecline, thereby increadag their debt to 117.6061.
Is the memorial which the Desktop: a have laid before me
they sey they are desirous of drawing my attention to the
chief motives and MOM for snaking this aesigmmeat, and
that it should sot be judged of by the results. means
were, the importance of berrying _on effectively and conti-
nuously the cultivation of their West India property ; and
by the execution cf this assignment in trust they cussed&
that their object was secured tor the benefit of all concerned,
as well as of Myers. Trammelled Cook, as It was folly ex-
pected at that time that the Megisedes would not only even-
tually supply the mesas el paylag all the claims, but would
leave a warpios Astir pennues. With this view, they say,
Mesas edered most dmirebie to obtain the !minty co-ope-
ration of Messrs. Truman mad Cook ; and that this was really
seeded the heavy demo* sithsequently made upon them
afforded ample evidence". They farther say that this maga-
meet, though net announced by circular, was known to their
bankers, to the proprietors of Wee West India estates on
which they bad been obliged to make such adman', to
nearly the whole of their unsecured creditors, and that it
was, in fat, all but universally knows. They also state
that the assignment wu not *belly a new transaction, but
was, to a great extent, merely the putting into a formal
and legal shape several equitable assignments Which bad
been made to these at various dates previously, hr`adunces
made to the bankrupts. They also say that neither was it
an assignment of the whole of their estate and effects, but
that they had other assets in hand. Nothwithstandise
these further :planation., it appears to me that, looking at
the mount of 'rodeos misted by that deed, and regarding
it in cossesion with the assignment of property to
Martin, Stone, gad Co., their bankers, that the stateneett
of the °Adel 'Menu 'is fully borne oat. I think
there can be no doubt that the bulk of the bankrupts'
property paired from them to Messrs. Truman and Cook.
It is also clear that that assignment paused to Messrs. Trui-
sm' and Cook property on which they had no previous
swami* charge. Hors the bankrupts mu not only folio*.
log a mistaken judgment, bat they proceeded to carry out
their views in a culpable manner; and although mum
would have admitted of no Nomination, the contrary allows
no justification of the means. The moment the bankrupts
' signed that deed their independence as numbest. was goes.
Having thus divested themselves of the balk of their property,
they afterwards carry on the liminess hatheir own name, ap-
pareatly as free agents and ontheir own 101301 lat ; and although
es between themselves, it might be understood that no new
agreements were to be entered into, still in all contracts
sosouning negotiable paper; as well as in other busi-
ness transactions, any one of the partners bad the full
pewee to bind theatres. The partners, by their proccedines,
waireselly gave to each ether the porter of manner for the
other la the partnership busies's, In the same as if
so sedgement had been made to MMES. Truman and Cook.
Bask et the partners was the cause or occasion of confidence
ae unit Wag reposed in the firm in any matter in which
the partnership was concerned. Daring teat period it sp.
pease that Mr. Street, in August, 1847, without consulting
his partners, took the bill for 7,8001., which was drawn by
him is the name of the arm, Cruickshank, Melville, and
Sweet, and aceepted by Truman sad Cook, to the Bask of
Ragland for discount. The bill was discounted, and the
septum was handed over to Truman and Cook for the pur-
loined the asitgalnent. •In the memorial I have referred to
the bank/apes make a statement detailing those circus',
damn, but that explanation does not appear to me to ab-
solve them boss responsibility. Mr. Street wishes the
responsibility of that act to rest with him, as the bill was
drawn and sent into the Book of England for discount by him
without his Consulting Mr. Cruickshank orr.
Mr.
Melville. But, for the reams I hays given before, al-
thmgh the main weight of blame msy lie upon Mr. Street.
yet Mr. Cruickshank and Mr. Melville cannot, I think,
altogether exculpate themselves at the expense of their
mtn•er. With respect to the discount or that bill, the
bankrupts say that Mr. Street, being aware bow very
'messily It was known in the City that the firm of Cruick-
shank, delville, and Ce. babe's for nearly two years in
difficulties, and durieg that time hid bee* supported by
*Wall. Truman and Cook, he considered that that bill was
disconated by the bank entirely in !slimes on the names
of Truman and Cook, whose unit steed very high, as is
evidenced by the feet that, at ths time of their suspension,
the bank held their acceptation to the extent ci more the
80,0001. Judith, however, the discount of that bill, by the
ordinary rules applicable to suck emanations, and lien
whisk I feel that the banksupts can by no means be
released, by what Mr. Street has said, and whose Telloo6-
is' his more art than solidity, l tenet emu to
any other conclusion than that the directors of the Bank of
Ragland woo* in, reality' deceived, and that the deception
was as reel, if not as palpable, as if the bankrupts had made
a direct false representation of the state of their affairs.
When Mr. Street applied to the Bank of Ragland to dig•
count that bill, I think he must have felt that the basis of
the transaction masa belief by the Bank of England of the
Inevitability of his firm, the drawers of the bill as well as
of TIMIS= and Cobh, the acceptors. For all 'moral pur-
poses, and consequently:for that of veracity, speech and sc-
hen are the same. Then again, what public estakithasent,
or what private beaker, 'mild think of discounting a bill on
the credit, wholly Or in part, of any hoses, if they lee* that
home to be in course of liquidation, and that it had mate
an assignment of the balk of its property primarily for
the boas* of one • creditor ? In answer to a Tem
tics put by the court, it was stated that the
Bank of Zeeland would not have discounted that
bill, had they been informed that Cruickshank and Co.
were winding cop, and had assigned their property to Tree-
man and Cook. Here, then, the suppresmo mei was odes-
laud to produce the some effect, and is open to the maw
censure as the lunatic, falai. There be gor.
oulastance affecting Idr. Melville and Mr. Strom I allude
to the arrangement in July, 1848, for a new pareauship
with the sore of Mr. 0447, with the obligations of the
old firm still num them, and the more question-
able fact of the assignment hanging over them.
At a meeting et the trustees. in April, 18411,
it was resolved that the estate should be wound up under
inspection ; and it would not have come before this court
but for lakii flat against the other Arm. Saab, then, ass
the circumstances of this distressing cue. Mr. Lammas,
in his observations to the court, on behalf of the beekeeper,
remarked strongly on the effect which the nispossion of
their Clilifielitte mutt have oe the minds of gentlemen in
their position in life. I was asked, too, to *sander the Meg
petiod of time for Which they have been prevested from
employing themselves usefully for themselves and their
families, and reminded that none of the creditors have op-
posed the appliation. It was, therefore, submitted whether
the other transactions on which I have observed, if viewed
in the most unfavourable light, could become the subjoins et
the measure of the court when ft was not called foe by the
coeditors themselves. Now, though lam seeable that the
same degree of punishment will operate with meter severity
on me dam than on another, and though I am willing to
madder the time which the bankrupts have bees oat of
employment, and to give some weight to the non
of the creditors, I mast consider the influence arheilahe
example of British merchants has on the huluatriume part

of the sake ; he theursestrieeseserily the leaders and KO-
dieters aCH whole of the connoty If offerors I
are mindasi by them. will tbe oonteadividar
serve sum sympathy than ignorant or inMlot seta ? ' 1 Me
bound aloe to bear to mind that this tat has been boned by
the Sank of England. toe the purpose of inveetigation
%howls tte bank Eon not oppose the +novenae et the cord-
flees. bet *She it mice soneteteat with he ditty se $ public
body, to hamlet it woe a neutral takiag me part
dime* he sr what the banknas-41 is the day of the
mot to gist judgment on the melt of that examination.
Basra Imielede let me observe that, in dealing with theta
great masiscial atereite, it is of the lama import-
ass 'that the onut sheadtaat Jo events* by known and
general Was, as the a of risht and wrong.
Actions whin' ere adjudged criminal in a mall trader' can.
sot be admitted, In any animation of cdrentnetances, to be
seed in a seereheat. The ease sort of amnions must be
generally permitted or forbidden. So, in judging of any
maraerdal delinqueacy, we suet look to the general cam.
queues rather that to the particular dues; and these met
be 'ideated py askhig what mold be the mischiefs pro-
duced by the genera toleration of sedate a the same sort ?
• Applying this questaa to the proceedings is connexion with
Trees= and Cook and to the disamst trams:lions with
the Bank of Reglad, to mercaatilis ma the answir mast
be "WM* However, after maturely weighing all the cir-
cumstance" of this as. the omit Gels bound to adjudge
that thu eertilloate of Mr. Street be suspended for twelve
mania, and those of Mr. Crnichatual and Mr. Melville
respectively for six months from the day of the hewing of
the application. •

ASSIZE INTELLIGENCE.
---
NORFOLK CIRCUIT.
• Interim, Atiover 8.
?fru Patin (boar.—limona Ma. fisw. Dowtato.
The wart was opened at hallimet eight o'clock.
Jolene= rain *suntan e. LORD 1117NTINCITIZLD.--
ACTION •0•11. ST A 811113.17 P.
Mr. Brij. Byka and Mr. O'Malley were muted for the
plaintiff ; Kr. Pelmet (in the absence of Mr. Andrews, Q C.)
and Mr: Conch for the defendant.
This was as action of never, The fint plaintiff is Mr.
Patrick Johnson of Becalm who wee appointed official
amignee to regedsite • bankrupt's affairs of the name ofJames
Crisp, whir formerty sanded on the business of a corn end
wed ntercheat at Brooles, in this aunty ; the other pntiff
is Mr. Jean Kitten. the trade assignee, a merchant sad hiy-
°del= :restw iti:artmouthl.tighla'artertllsTbre_ela. t::y.ooffBthute-
. ss 7
beet the reel defeadsat wee Frede:th William Parr, a
BaaßMtfas 1 who had been on terms of intimacy with the bank-
vmpt. On the 15th December, 1848, Mr. Farr procured
[*l the bankrupt a warrant of attorney for 2,0001. ; and
en the 11th Jemmy, 1849, a fiat in bankruptcy was
Ma= against him. It was alleged that lone be-
hoe tke month of December, 1848, the bankrupt's
Alan wen in a hopeless oaditioe, mad that he
wee perfectly apprised of his own state of insolvency,
Vial tet,leader the circumstance', to have given the
et ableserey, thereb excluding from the general
bogy tilde erediters all benefit from his estate end effects.
The warrant of attorney was given for 2,0001 to Nauss
44001.. It was proved in evidence that it had bees the
bankrupt's mut= to regularly attend Bumpy and Semis'
leessachets ; and it wm alleged that he wee in the behh, I
at Is the mei with other merchants of making pantie=
ass weak and payin
Miming. Oa the for the corn so bought in the week
28th December, 1848, the bankrupt at-
seated Memel( from Bangay market, at a time whoa he
knew he wee liable to pay for wren he had penehised the
week preceding, which fact, it was submitted, was amph
proof that Crisp was at that time a bankrupt, and whhh
feet it was oleo alleged came to the knowledge of the easel.
tion atwitter (Mr. Fan) betweenthe 28th Dee. and the end
of the year. . It was also proved that on the Ist January,
1849,- Farr, by the sheriff, entered into passeesioe and
seised the goods of the bankrupt. The flat was issued spinal
the bankrupt on the 11th of January, and his property was
*old is the evening of the same deylor 1,1001. The present
maim was *stators brought on behalf of the general body
of meditote, of whom Frednick William Farr might be
One.
Mr. John Crisp; cousin to the bankrupt (James Crisp),
pun= that the bankrupt's affairs were in an unhealthy
state in January, 1848, sad that Farr said, when spoken to
on the twtimits ' For God's ask*, be mum : we mast sot
let him stop yet."
Mr. Edward Burgess, fanner, Denton, proved selliag to
the
coin market,
on Taunday, the 21st of December, 1848, at
Bungey oornmarket, a qaentby of barley tor 191. 10s. He
went, according to custom, to the corn-exchange at Bungay,
ion the 28th, the following marketday, for the purpose of
ating the money ; the bankrupt was not at his stand, aor
was any one there to retinue% bin. On the day following
he went te the bankrupts house at Swiss, who.offered to
y him thi money by cheque, Witness aid Inshould pre.
Fr cask, but ae he .isould. not get cash he took. the cheque,
he cheque was drawn upon the East of Englandus Bank, and
was &ventrally cashed at Lacon's bank, Yarmouth, but wit-
nem had to refund the money, and he had had posites.lou of
the cheque ever since. lie had not sines been paid the
money.
Mr. G. B.
-Baku, tactioaar. Bungs', Proved having
made a valuenon of the bank yupt'p estate on the Ist of Jan.,
1848. He sag be valued them* 1,1881.75. 7d. After the
valuation he, saw the sheriff'. officer deliver up the goods
into the possession of Mr. Fair's assistant.
Mr. John Yoenginen, clerk to the plaiptifi's Worm,
proved serving • notice upon Mr. Fen on the 9th January,
1848, she day before the sale of the bankrupt's effects, to
pay over the produce of the male for the benefit of creditors.
Mr. Parr replied that the money was due to him, and that
he should " stick to it." Witness attended the sale, and
prodneed • catalogue, which he said he obtained in the
MOM.
The fiat was here put In. 'lt was dated the 11th rf
Imam, and was tepreeented to be on the petition of Mr.
John Kitton,
Mr. Palmer here submitted that the plaintiffs must be
noasuited, as sufficient evidence bad not been given to show
that an act of bankruptcy had been committed on the 28th
of December, 1848, the day relied on by the other side.
Mr. Couch followed on the same side.
Mr. Elerjeant Bytes, contra, submitted that four distinct
acts of bankruptcy had been committed.
Mr. O'Malley also addressed the court in sapport of the
arguments of his teamed friend, when, after some hither
remarks from Mr. Palmer,
His Lordship decided there was evidence to ge to the jury.
Mr. Palmer addressed the jury at some length, submitting
that the warrant of attorney had not been fraudulently
made, and that it Was executed before the along of the fiat
lie than called the =lowing witnesses.
Mr. Timothy Donovan deposed to have examined a copy
, of the judgment and writ produced.
Mr. Martin Cottingltua Clodd, clerk to Mr. Greta; at-
torney, Bury St. Edmunds; proved seeing Mr. Green, the
pander-sheriff: sign and seal the bill of cafe from the
to the defendant Far. The bill *as datid 2nd of
ary, 1849.
James Crisp, the bankrupt, said : He commenced business
Is 1641, burrowing 6001. at the time, which sum he subs.-
wemistly paid off by bOrrowing 5001: of Idr. Saul Maynard
(two promissory notes for 6001., signed by Mr. Farr, were
pat is and rad). Mr. li. Oswald and his tether wire both
inardrent.. The witness then went on, to narrate some
money traumata= he had had with Mi.'Farr.
A clerk in Messrs. Gurneys' bank proved the payment of
bills of 2001. each, on the 29thl December, 1848, and Is:
Marsh, 1849, the daynon which they were due.
James Crisp's exuattation contined.—Fur said be must
have security for the whole 1,4001. he had lent me, tad I
lemmata to sign a warrant of attorney for that puiPoes.
The first warrant of attorney was drawn up on a wrong
Masa, and he consented to have another drawn up, and on
the following Monday an. execution was pat in. Did' not go
is Binge, market on the 28th Dec., 1848, because I waives?
=well. Had more money to take thereat= I had to pay.
I John Crisp did not call on me on the let January, as he has
[ =ad ;in evidence. With reeved to the money I owed
John Crisp, I believe he asked me for it onus or twice:' be
leek my bill at a 'heath for it.
Crowentandped : On the 28th Dec., 1848, I had a bed
•
MidAsti apse, and could not go to market,
laejeast"Riles: Whoa did the ague seize you ?—I. duet
ve e the day.
r tsiillmer : Are 3= not subject to ague ?—r am.
tiledeant Bytes: Had you taken any medicine that day 1
1 bed stet.
t By: Nor the sight before ? No.
t Btes: Who Was year doctor ? I had no &ear:
t Bytes: You had no doctor nor physic theta ? Me,
4 not, I got well without. I was not waned le the
inches. Cannot swear that I was walking about before sine
I AWL
guise= Bytes : Did you get up to breakfast ? 'I *-
not moll= new. Is the evening I attended a meeting at
the Town Council. I don't know what I did daring the
da. 1 eannot my if 1 was out of doors. s far as I kali
I y
was out as aunt. Ido not know KA
any
dividend has been
paid under my fiat. Nis true I gave a check to Burgess;l
and eat I told, him it would be cashed at Laeon's bank, I
although I had overdraws the bank 3001. I also gave ,
checks to four or five other parties at about the same time i
all of which, but one, were dishonoured. At the time of my 1,
bankruptcy my liabilities &Mounted to between 4,0001. and
6,009/., incluane of mortgages.
Re examined: At the time I gave the checks 1 had
reosiyed no notification that they would be dishonoured.
Mr. J. Crisp was answerable at the bank for 150/. Lawn's
house at Beaks have been in the habit of cashing cheeks
drawn on the East of England Bank.
Mr. R. W. Clarke, solicitor, Bugles, proved preparing the
warrant of attorney on the let of November, 1848. The
warrant came down on the let January, 1849, and execution
VMS issued on behalf of Mr. Fan on the 2nd of January.
Croas.essmaed—Mr. Fen employs as many as six sum-
joys. He gives us all a turn. (A laugh.) The bankrupt
imM at the time the execution was put in that it was a very
hard thing, but he was not surprised at Mr. Farr's doing so.
When I was on my journey to Yarmouth with the bankrupt
he said he would sooner have the wherries sunk at sea than
seized by the sheriffs officer. The whinier were afterwards
seised by Era, the sheriff's officer.
Belo, the sheriffs offieer, proved levying the execution
upon the property of the bankrupt.
Georgians Emily Crisp, wife of the bankrupt, 'aid her
husband was very ill on the 28th of December, 1848—the
reason he did not go to Bungay market. He attended a
committee meeting in the evening in the town.
&deist Byles—Well, now. how came yen tole* your has. ,
ban 4 go eta in the night air ? (A laugh.)
Witness—My husband would do as he liked. He went
to a meeting ed the corporation. If he had cot gone, he
would have had to pay a forfeit.
By his Lordship—Mr. Far was an intimate friend of
tun.
A male and two female enema of the bankrupts deposed,
that their master was prevented from going to Bumpy