The Express.
London, England, 1849-11-27 00:00:00

7ENTRAL CRIMINAL COURT.

The tint men of this wart for the present mayoralty
commenced yesterday (as noticed in that day's Expren
At 10 o'clock the Right Hon. the Lord Mayor, the Re-
corder, Alderman Hunter, Alderman Salomon', and Al-
derman Carden, accompanied by Mr. Sheriff Nicoll,
Under. Sheriffs Millard and Wire, and the other civic
authorities, entered the amt.
INDICIVINT AGAINST • BANIMITPT,
C. Bishop surrendered to take his trial for misdemeanor,
in having wilfully and corruptly made a fake statement
upon his examination before one of the bankruptcy commis-
sioners upon an adjudication of bankruptcy against a person
named Hugh Swan.
Mr. Clarkson and Mr. Huddlestone prosecuted. Mr. Bal-
. Latins and Mr. Robinson appeared for the defendant.
Mr. Clarkson, in opening the case said that this
was preferred against the defendant under the statuteet=
6th and 6th Victoria, and the question involved was call eel
considerable importance, not only to the party accused, hat
to the public., and particularly to the mercantile parties et
the community. The learned canned then proceeded to
gate the facts which led to the present inquiry, and it cep.
pared that Hugh Swan, the person referred to, had carried,
on the business of a line. dri9er in Hanway-street, Oxford-
street, and at Camden Town, and in April lent be
applied to the Court of Bankruptcy, and ups hi
nuking a declaration of insolvency in the preseethei
form, he was duly adjudicated a bankrupt, and Mr. Poems,
of the firm of Burson and Stone, to whom the bankrupt
was indebted in the suns of 6001., and another gentleman
were appointed assignees. It appeared that the defendant
had been in the service of Mr. Swat], and, at the time of the
bankruptcy, he was found to be in the occupation, as lessee,
of a small house at Mortlake, called Park Farm, and from
some information that was received by the assignees, it ap-
peared that they were induced to come to the opinion that
this posses ion was merely a colourable one, and that the
property in question in reality belonged to the bankrupt,
and, in consequence of this impression, some inquiries were
made of the defendant, and upon that gonna he asserted
that the lease was his own property and declared that Swan
could not get him out of possession of the farm. Theassignees
were still dissatisfied with the account that was given,
and they offered a reward of ten per cent. upon the
amount of property longing to the baaluopt that might
be recovered, and the result of this was, that a person named
licking came forward and gave certain information, which
induced the assignees to take farther proceedings, and the
defendant Bishop was summoned to give evidence before
Mr. Commissioner Fans, at the Bankruptcy Court, in the
matter of the bankruptcy of Swan. The defendant was ac-
cordingly examined on the 15th June, and upon that occa-
sion he swore that the farm was his own prope rty—tkat be
had purchased the lease for 2991. of Mr. Woodlands, the
person to whom it belonged, and that his own money had
paid for it, and for all the stock that was upon it, and he
declared positively that the bankrupt bad no inkiest what.
ever in the property, or the stock that was upon it. In
answer to further questions that were put to him,
tee defendant said that he had saved up part
of the purchase money during a period of six years, and that
be had also won 1001. in a Derby sweep, and he declared
that he paid the purchase money upon two occasions; on
the first giving a sum of 601., and the remainder upon the
second. It was upon these statements of the defendant that
the meant indictment for perjury was sought to be made
out against him. The real question involved in the inquiry
being whether the hum was in reality the property ot the
defendant, or whether he was merely colorably in pommies
of it, the farm in reality being the property of the bank-
rupt, and purchased with his money. The man-
Mr in which the falsehood of the story told by the defendaht
was sought to be made out appeared to be by i roof
that he was a man in poor circumstances, and got his living as
a jobbing gardener, but was (requited, out of employ, and
although it appeared that he bad in point of tact gained a
prise o(1001. in a Derby sweep, yet that 101. of that sum was
expended in commission and treating the other parties to the
sweep, and a consideraele portion of the remainder was em-
ployed in the payment of debts which he owed in the neigh-
bourhood where he resided. The defendant was also repre-
sented to have casually stated the sum that was actually
given he the lease of the farm, and also that upon several
smossicias he had stated that the farm was not his property,
but that he was merely taking are of it for Swan, and that
he added that Swan had expressed an intention to go down
with his solicitor and remove him, but that same per
sea had advised him, that as the lease was in his posies-
sin he could stick to the property. The learned counsel
proceeded to detail other facts in support of the charge, and
concluded by stating that it was highly important to the
trading portion of the community that creditors under a
bankruptcy should not be deprived of the property which
. might justly and legally be applied to the payment of their
debt*, by contrivances of the description that were imputed
to the defendant and the bankrupt Swan in the present in-
stance.
At the close of the opening address of the counsel for the
prosecution, a long technical discussion took place between
the learned counsel engaged in the cause, upon the point
whether the statute under which the indictment had been
preferred was not repealed by the last bankruptcy act. In
the result the Recorder said that he should not stop the case,
but would consider as it proceeded whether he ought to re-
serve the point far further consideration.
A number of witnesses were then examined, the effect of
their testimony being to show that the defendant was en-
gaged as a gardener and that he appeared to be in poor cir-
cumstances, and that he had stated upon several occasions
that the farm was not his, and that he was paid twenty
shillings a week for taking care of it for Mr. Swan, and the
greater portion of the facts narrated by the learned counsel
were proved in evidenos. It appeared, however, in the
coarse of the cue, that the defendant had always strenuously
insisted upon his right to the property .in the course of the
legal proceedings taken by the assignees, and upon a
messenger from the Court of Bankruptcy being put
in possession, he resisted the attempt to take that
step, and brought an action of trespass, and reco-
vered a verdict with 261. damages a rule however,
having since been obtained for a new trial. It also, appeared
that indictments for gestalt had been preferred at the Surrey
sessions, and that Mr. Pawn= had been served with a writ
at his suit. It was also shown that when the defendant was
first amused of merely holding possession of the property for
his master, he denied that such was the fact, and said that
whatever transactions had taken place between him and his
meter, that the farm was his, and ha was determined to
kaiak jpselon of it. The witnesses who spoke to the de-
alleged to have been made by the defendant with
regard ea the ownenidp of the property were subjected to a
very rigorous aoes-examiaation by Mr. Ballantine, and two
of them admitted that they had each been guaranteed five
par out. apes the amount of the property, Rat should be re-
covered by the amlisesi and sold.
When She we be the prosecution had clued Mr. Robin-
asa Sisk isms legal objections to the farm of the indictment,
but any were overruled by the Reorder, who, however,
mil that he would reserve the former point that had been
nisi for further consideration by the Court of Criminal
Arlif such a omine should become necessary.
Ballantine then made an energetic address to the
Jerrie behalf of the defendant, and the Recorder having
sausied up,
TM jury, after a very short deliberation, returned a ver-
dict of Nod guilty.
The Recorder, addressing the defendant, said that, if he
had really come into posseadm of this property by any frau-
dulent arrangement with Swan, it was his ditty as en honest
man to return it immediately to the assignees.
Mr. Huddlestone inquired if his lordship considered the
cam was one in which the expenses ought to be allowed ?
The Recorder said, certainly ; it wee a very proper cue
for inquiry.