The Express.
London, England, 1851-11-07 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 7, 1851.

-This ought to hove aroused your

snepieione
Witness continued—lie believed that not a farthing of
the money had been invested as the bankrupt prom ravel.
By Mr. Matthews—He first asked Mrs. Harrel, if I hod
any money that I could spare out of my busine es. She del
not make the first application. or volunteer any loan to the
bankrupt. When I advanced the first Eke 1 received a
note for Mr. Winn, the secretary of the loan society, direct-
ing
the 4001. to be paid out before any other withdrawal was
made. He also gave me a promissory note, payable on de-
mand. It was see eitied that 71 per cent. interest was pay-
able. When he gave me those, he said, "There, Hemp,
that's as safe as the Bank of England." (Laughter.) I did
not present the note to Winn till the bankrupt stopped pay
ment. I put full confidence in the bankrupt; he always
called me " Brother George," and said he respected me
more than he did a brother, end would do more for me.
That was the reason I did not present the note to Winn
;when I got it. For the next advance of 600/. 1 got a similar
promissory note and a letter to Winn ; for the next ad-
, vane e. 6 W. only a promissory note was given ; this was
on the 17th July following. Ile had asked me to let him
have as much money as I could out of my business to put in
these societies. Ile did not say what he was going to do
with the $OOl particularly. 14 e used to visit constantly,
end met as mutual friends.. He once mentioned that he
wu dealing in shame ; he said he had some York and
N.,rth Midland bona fide shares, all paid up ; but he did
not say he was gambling in shares. I did not underatand
then that he was in the habit of buying and selling shares
on the share.marlett. Moody sever told me that was a time
to snake a large profit by shares, and I did not say there-
upon I would let tim have 800/. or 1,0001. The 8001. was
advanced on the 17th July, and ten days after 2001. more.
After that he often spoke about the share-market ; but I
said I del not undenitanell anything at all about it, my time
was so much occupied in my
.business. Ile never told me
the $OOl. and 2001. had been invested in the purchase of
shares. Early in 1850, we went to the Isle of Wight to-
gether, wnitaht
io)%rtrfamanir, :i.hilltsthtehree
iferezdnitzfnsce,iimjiitee;:o7,
and North Midland shares, and said he believed they would
go up to a certain rate in 1851, in consequence of the
Exhibition. He never produced his purchase-hook of
share* to me.
The Court—Hand them up. I should like to see them.
I never saw one. (Laughter.) The books were hassled
up. but the result of his tlonour's inspection did not teem. I
spire.
Witn:Sn continucel—We left Dover together, and ca
up to town. He said he wanted to call in Throginorteme
street, and asked me to go there with him. We went ft
Walker's, the broker, hut I did not know whet it was
about. We had had nn conversation before leaving Dover,.
about the state of the ehare•market. Ile said lie must he
hack for the Saturday's market. On the 11th September.
I advanced other :pay!. It wan in April, 1850, that we
were at the Isle of Wight. Mr. Moods looked at the
paper, and observed how shares had gone down. Ile did
net say whether he was largely concerned or not. Ile had
never mentioned anything to me except about the York
and North Midland shares. I lent him money after oar
return from the I,le of Wight. We were at Hastings to.
gether in August, 1850. lle talked of the Exhibition, and
how the shares would go up. Ile said he should keep the
Yurk and North Midland shares till then, and then sell
them. Ile has shift told me when they were going up or
going down, but lever before I made the advances. I aoly
took security fur the two first advances, except the pro,
memory notes. When Moody mentioned that shares had
fallen I did not otter him pecuniary neastance. What I
lent him was to go into the loan societies, and nos in shares.
I never expected that it wan invested in shares. I have
advanced him money after he had stated that the markets
had fllen, and that he was put about. I don't know that
Mrs. Ilarrop placed any money in his hands while we were
at Dover. My ale: afterwards told me that Mrs. Moody
had asked her to let Moody have 501. to speculate with—it
would be a little pie money for her. I said, "Do as you
like ; I will have 11.411111 fl to do with it."
The Commissiener—This seems immaterial ; for from the
intim-act between Mr. Harrop and the bankrupt the
farmer must have known that Moody was speculating in
shares, I.lllla, he was skilfully blind. All this perpetual
talk about the rise and fall of particular shares must have
Con.inevd him of the tact.

Examination continued—Mrs. Ilarrop afterwards lent
the W. I don't remember Moody showing me any news-
paper article which had depri.-xxed the share•markct. 1
remember his being ill ; I went to see him. Ile said he
was buffering from affection of the brain. Ile never told
me he had uny 4.at 10.1.411 but the contrary.
Ilia Honour—flat conclusively establishes the fart that
he knew Moody was speculating in railway shares, whe•
titer he won so- lost.

By Mr. tsargood (also appearing for the ooposition)—
When 1 first advanced him money, he said he had got
household property worth 10,0110/. During all the time of
the advtuices, lie never said he had suffered any serious
Maws. Ile never asked my consent, or consulted me about
buying or wdling shalt.*' and never said that my money was
used
for that purpose. 1 never advanced anything except
for investment in loan societies.

Mrs. Marty rorroNtrated her husband's account as to
the circumstances under which the. advances were coin.
menced. She sold he asked her to introduce her husband
to him as a friend, Lidding he had only one other friend in
the world, and he KW very particular about forming triend-
ships. (Laughter.) She advanced T,OL, along with Mrs.
kloody's igl4. arid w ith this live shares in the York and
North Midland were purchased. Iler husband had
nothing wigattser to do with this, and she did not know of
theadsaucis her husband had made to the bankrupt.

Mrr7lClOOdy was
the first to sma un int, rview with my husband. In the
course of their intimacy Moody was always talking of rail-
way shares ; his head was full of nothing else.
The bankrupt woo then examined by Mr. Matthews. Ile
said—Mrs. Hero* first expteoed a wish to me that I
should sec her lirstaind on the subject of loan societies,
adding that he was very silly, and had a great deal of money
lying Idle. (Laughter.) She mentioned it again after two
or three months. After the first two advances Mr.
Harney was consulted about all my share transactions, and
used to arming...lj use to the broker's. The hooks produced
show the shares on hand ; this is neceuary to prevent and
one from overselling. Mr. llarrop knew all along that
was speculating in railways ; and on the account day, if he
knew I was behind, he would help me out. Ile was with
Mr throe or four nights a work on an average. Ile several
time, went with use to the broker, and was in the
consulting room ~nd heaol us talk. Alter our return from
the Isle of Wight in April, IfeW, the share-market was so
' depressed that I wee. almost beside myself. I did not
know anything at the moment. I found I had nut money
enough to meet the next account, but Mr. Harelip said he
would du all be could and very kindly brought me 2011 f.
odd when we got home, and that enabled me to do so.
When the public began to buy in expectation of the Exhi-
bition priers got up, and I became rather easy in money
matters. I anticipated a goat deal from the Exhibition;
my account got heavier ; my account with Mr. Walker
shows a receipt of several thousands, but when the blow
came it was very severe. Mr. Harrop knew all along of
my speculations, and knew full well that none of his
money had been put into the societies. It was his business
to see the scrip, if he thought so ; he would have had scrip
on producing the letter that has been referred to, but he
never went near the society.
lly Mr. Sargood—Did nut repay Ilarrop any of his money
when 1 was fortunate in 1850. The reason was he did not
ask foe any. Ile once gut a cheque for 1501., and brought it
back six weeks alter, saying he tad no further use for it. I
swear sincerely that Mrs. Herron first suggested that her
husband should mow and lend me money. She knew from
a Mr. Waren that I was connected with loan societies.

Mr. Sargouil—flow came you to admit that ? What had
she said ?

' The iiummissioner—Oh, you need not answer that.
Mr. Sargood—Then I decline to go on with the ease.
Alter a conversation, the examination was suspended,
and Mr. Sargoud addressed the court, contending that the
admitted fact of the haokrupt having made time bargains
within 12 months of his bankruptcy brought him within
the 201st seed is of the act, and disentitled him to his cer-
tificate. man had lost fur more than 2001. within the
period specified ; the balance of his losses and gains showed
a clear loss of 1,:i001.

Mr. MattheWSeunteuded that dealing in shares did not
some within the terms of the act. It had been held, over
and over again, that it applied only to dealings in the
stocks, as was evident front the term" time bargains,"which
was inapplicable to shares.
The tominee.ioner—But is not this a species of gaming ?
The act says, " any sort of gaming or wagering."
Mr. Matthews said that was not so. Transactions of this
kind were daily subjects of actions end suits.
Mr. Sarguutl said the account between the bankrupt and
the broker was tar ini re differences. No shares were ever
transferred ; and that being the case, the broker could not
recover.

The Comimmioner—But looking into his accounts, world
it not appear that he had lost more than 2001. on any one
contract by the purchase or sale of stocks /
Mr. Matthews contended that railway shares were not
stocks.

The Commissioner—But it says any kind of stocks, and
the North Midland and North-Western shares are stock;
but the language of the clause is such that there is great
didiculty in bringing any particular case within it; and I
always think it fairer to deal with a case on a consideration
of the general conduct of the bankrupt.
Mr. Sargood then submitted that the debt of Mr. Harrop
had been contracted by fraud or false pretences, and conse-
quently brought the bankrupt within the penal section
(the 236th). Losacs to the amount of 4,0421. bad been in-
' tarred in two years by these improvident share transactions.
Mr. Canaan said his impression was that 7001. of the
losses ought to have been added to the deficiency in 1849.
Mr. Saigood further urged that the expenditure of the
bankrupt had been most extravagant. Somehow or other,
either by hisses on shares or by exorbitant expenditure, he
had gut rid of Mr. Harrop's 4,000/.
In answer to a question from the court,
Mr. Cannon said the 'nets would realise about 1,3001.
After a reply from Mr. Matthews,
His Honour said he would reserve his judgment.

INSOLVENT DEBTORS COURT.—YESTERDAY.
Dumas Ma. Omuraloom Law.
IN THR MATTRA OF EMILY SARAH ANN FINDLAY.
Duo insolvent who had been known so " Madame De
Soma," applied under the Promotes' Act. Mr. Cooks op-
posed for Mr. Beim. An attorney and Mr. Nichols sup-
ported.
It appeared from the *unloose's examination that she
was convicted at tie Middlemen Smokes, by pleading guilty
of keeping • brothel in Oralton-street, Titaroy-square,
and was sentenced to throe menthe' imprisonment. Mr.
Dines woo her atioraoy the easmion. as was known'
as " Mediate de Souza."
The creaplaint now made wee, that she had posted with