The Express.
London, England, 1851-12-08 00:00:00

THE EiPIiESS, MONDAY EVENING, DECEMBER 8, 1851.

accountants making out account!, and then refusing to file
them, unless the court would sanction the payment of a
sum of money out of the estate. In this case, the accounts
presenting no great difficulty, the bankrupt would be able
to prepare them himself; and the court would be much
better satisfied than with accounts prepared by an ac• ,
countant, who would not give the bankrupt the benefit of
his services till he had obtained a payment out of the
estate. Mr. Columbine must furnish the best account he
could. If it wu a true one it would satisfy the court,
though it might not be in strict form.
IN as R. AND P. ISEMONOZH.
The bankrupts were merchants, at Littlehampton.
This was the meeting for the certificate. The accounts of
the bankrupts, prepared by Messrs. M'Killop and Young,
of Sambrook-court, extruded from the Ist of January,
1819, to the 10th of September last, and commenced with
a deficiency of 8911. They now owed to unsecured credi.
tors 3,0491.; and to those holding security, 1,7991. The
assets were, in good debts, 1201. ; in property, 2111.; ditto
held u security by creditors, 2,5491. The profits had been
5,2321. • losses, 696/. ; trade expenses, 4,293 J.; domestic
ditto, 4121.; law coots, 1161.; drawn out by the partners,
192/. . . .

Mr. Pennell, the official assignee, reported that the losses
had arisen in great part from accidents at sea, and in conse-
quence of the vessels being only partially insured. The
owners bad had to bear • portion of the loss. The amount
of dividend would depend mainly on the mortgage pro-
perty realising the bankrupts' estimate of it. The books
had been indifferently kept. There was no cash-book.
Mr. ifolmes, of Arundel, for the assignees, offered no

opposition. ,
Mr. Linklater supported the application of the bankrupts,
and pointed out that the domestic expenditure had been
extremely moderate, and that the expenses, in all about
20,0001., were very well vouched. The bankrupts were
father and son ; the former was far advanced in years ; he
had formerly been a seafaring man, but had since settled
down at Littlehampton, and engaged in mercantile pur-
suits, along with his son, who had acted as supercargo of
his father's vessels sailing b•tween the Baltic and England.
But for the losses they had incurred at sea, they would
have been able nearly to wipe off the deficiency with which
they commenced in 1819. The elder bankrupt was so
generally esteemed by his fellow-townsmen, that he had
been churchwarden for 30 years; he also held some govern-
ment appointments, which he hoped to retain, provided
the court granted him a first-class certificate.
The Commissioner—How can I do that? How can I
certify that the failure has arisen wholly from unavoidable
misfortunes and losses, when they commence with a de-
ficiency of 8911. ? I should be glad to do it if I could.
Nervy Isemonger, the younger bankrupt, was examined,
and stated that the deficiency had arisen from losses at sea,
and from their being driven into the Court of Admiralty to
enforce their claims for insurance. They had bad many
lessee at sea. In one case a vessel was run down by
another ; the case came before the High Court of Admi-
ralty whch decided in their favour ; that decision was ap-
pealed against, but was confirmed in their favour after four
or five years of litigation ; they were nevertheless losers.
They had been particularly unfortunate, but had gone on
hoping to pay all their creditors in full.
His Honour said he thought he might grant these gentle-
men a certificate of the first class. There were certain
omissions and neglect; but throughout the whole dealing
there had been the strictest h..nesty and integrity ; and the
expenditure had been exceedingly moderate. '1 hough the
result of the litigation had been in their favour they had
been ultimately losers, as too often happened. They had
actually lived within their means—a remarkable feature in
the ease. Ile hail seldom seen a case where misfortune had
a greater share in producing the failure. The accounts
were extremely well vouched ; the bankrupts were honest
people, and deserved a eertificate of the first class.
APPLICATION Full AUTHORITY TO PROSECUTE.
.

In• the case of a bankrupt, whose examination had been
adjourned sine die, by reason of the accounts not being filed
in time, Mr. Reed applied to the court, under the 255th
section, for an order to prosecute the bankrupt under the
253rd section which enacted—" That deny bankrupt shall,
within three months next preceding the date of the fiat or
the filing of the petition for adjudication of bankruptcy,
under the false colour and pretence of carrying on business
and dealing in the ordinary course of trade, obtain on
credit from any other person any goods or chattels with
intent to defraud the owner thereof, every such bankrupt
shall be deemed guilty of a misdemeanour, and on convic-
tion be liable to imprisonment for any term not exceeding
two years, with or without hard labour."
Ills Honour asked if notice had been given of the appli-
cation.
Mr. Reed did not apprehend that was necessary, as the
application was an ex parte one, though he had chosen to
make it in the presence of the bankrupt. The application
was merely for the costs to be paid out of the estate. Were
it not cx parte, the bankrupt would in fact be tried twice
or three times. The creditor, at whose instance this ap-
plication was made, could have preferred a bill of indict-
ment before a grand jury, or have taken the bankrupt be-
fore a magistrate, without applying to the court; but it
would have been too late afterwards to ask for the cost. out
of the estate. Were the bankrupt to have notice in these
cases, he might get out of the way before a prosecution
could be instituted.
His Honour said this was the first application of the kind
he had had under the new act. If the application was an
ex parte one, it ought to be private; otherwise it might
east a great stigma on any man. The court must take
care to adopt a course which would be just to all parties;
and it had been suggested by his brother ionblanque (who
was also :on the bench), that to institute an open inquiry
would be trying the man twice, and would send him before
the criminal court with an additional prejudice against him.
lie should, therefore, take time to consider the course that
should be pursued.
Mr. Reed said, as his witnesses were here, be would take
their evidence in private ; and if his Honour decided that
the bankrupt ought to be heard, that evidence would go for

THE POLICE COURTS.
GUILDHALL.

James So?pimp' Dacia, dealer in plate, watches, jewel-
lery, &c., residing at 'l4, Ihdby-terrace, City•road, was
charged with obtaining goods on credit to a considerable
amount within three months of his bankruptcy, under the
pretence that be required them in the ordinary course of
trade, when in fact he wanted them only to raise money upon
withintent to defraud his creditors.

Mr. Joseph Ileilbrond, a dealer in plate, watches, and
jewellery, residing at 9, Minorite, produced a quantity of
bills of parcels of goods he had purchased of the prisoner in
the months of September and October of the present year.
Witness had purchased other goods besides those mentioned
in the bills of parcels. They were all made out in wit-
ness's handwriting, at prisoner's request, except the re-
ceipt and signature, which were written in witnesn's
presence by the prisoner, being all cash transactions.
The goods therein mentioned consisted of watches, gold
chains, and other articles of jewellery. These goods
were not job lots, as every article was specified in
the bills of parcels. They had all been resold since.
Prisoner gave witness a lot of pawnbrokers' duplicates some
time previous to the bankruptcy, one of which related :to
goods pledged fur 1001., and which witness gave up, on the
examination before the commissioner. The remainder re-

laced to goods pledged for between 1401. ant 2001., which
witness had since redeemed and sold. He rendered an ac-
count of them to the Court of Bankruptcy. but not to the
prisoner. Prerieus to receiving these duplicates from the
prisoner he had redeemed goods with money given to him
by the prisoner fur that purpose. He sold the goods he
bought of the prisoner at a profit, and sometimes at a lots.
Nearly all these purcheses were made by witness at his own
private dwelling house, where prisoner called upon him.
Witness's general business was that of buying job lots.
Mr. Sandlau, of the firm of Edge and Co., silversmiths,
Covent-garden, said prisoner obtained of them an Albert
chain, at the price of 31. 10s., some time in August, and he
had frequently applied since for goods on credit, buten:peel-
ing prisoner was becoming involved, they declined to supply
him. They were creditors of the prisoner to the amount
of 1171., and believed they had received about as much
money of him in other transactions, during the two years
they had been doing business with him. The price they
received as payment for goods consisted entirely of bills,
some of which were paid and others dishonoured.
George Carley, watch manufacturer of St. John's•aquare,
said be was a creditor for 2001., about 1001. of which the
prisoner had contracted within three months of his bank-
ruptcy. On examining the bills of parcels produced, be
found that the Geneva watches, sold to Mr. Heilbrond, were
valued at considerably below the price in the regular mar-
kets. The gold Geneva were marked at little more than
half their value. He had dealt with the prisoner since
February, 1849, and received from him, during that time,
upwards of 5001.
Mr. Van Sandlau then asked the alderman to commit
the prisoner for trial, observing that the prisoner was a
bankrupt on the 24th October last ; that hs debts and lia-
bilities amounted to 8,0001., 2,0001. of which had been con-
tracted within three months of his bankruptcy,and at a time
when his affairs were in a state of hopeless insolvency. Ills
assets did not amount to more than 1001., and there were no
outstanding debts in prisoner's favour.
Mr. Daniels objected that there was no proof as yet that
the goods had been fraudulently disposed of.
Alderman Wilson thought as it was a case for a higher
tribunal there was sufficient evidence to warrant him in
committing the prisoner for trial, but u time would be re-
. required for transcribing and reading the depositions, it
, would be necessary to have • further remand.
The prisoner was then remanded for that purpose, and
the former ball, viz., two sureties of 2301. each, and pri-
soner's own recognisance% of 3001., was again accepted, with
21 hours' notice of the same.
BOW-STREET.

A delicate looking young female, of respectable appear-
ance, who gave the name of Frances Whale, was charged
with committing two felonies at the shop of Messrs. Shool-
bred, of Tottenham-court-road, linendrapers.
John Bennett stated that in the forenoon, while he was
engaged in serving a lady, the prisouer came into the shop
to make purchases, sod on her taking her seat in front of
the erecter another assistant waited upon her, by whom
she requested to be shown what she required. On nis turn-
ing to get them she slipped a muslin chemise, value es. 6d.,
from the counter, and concealed it under her shawl. She
again sent the young man for other articles, and, on his
turning to bring the drawer in which they were for her in-
speedo's, she took a lace collar, mace se. 6d., in the same
qaiek manner, and placed it under her shawl, when an
oMcer was sent for and she was given into custody.
The prisoner said she was in the habit of frequenting the
same shop to make purchases, and she was sorry for having
taken the articles, which was only on one occasion, and not
un two as the witness had represented.
Mr. Henry said the fact of her being a customer for some
time was an aggravation of the offence, tending to a certain

extent to remove suspicion; ►e then committed her to the i
Westminster sessions fur trial.

HAMMERSMITH.
Ireir, alias Olivia Lkvidann, a stylisl4-dres:ed
young woman, and fleory Reynolds, aged 23, who de-
scribed himself as a horse dealer, were brought up on re-
maul, charged with uttering forged notes of the Bank of
England.
Mr. James Hunt, linendraper, of the Broadway, Ham-
mersmith, deposed, that on Friday afternoon week, shortly
after the gas had been lighted, the female prisoner entered
his ►hop, and purchased goods to the amount of is. 6d. of
one of the shopwomen. The prisoner tendered in payment
what seemed a Bank of England note for 51., and, on it
being handed to witness for change, he immediately dis-
covered it to be a forged one. Witness spoke to the prisoner,
and said, as she appeared respectable, she would have no
objection to give her address. She replied, that she
had not, and said she lived at No. 2, Latymer-place, in
Hammersmith. Witness detained the forged note, and
said he would send the goods home with the prisoner,
by one of his shopmcn, with change for a sovereign, and she
could then pay him. The prisoner agre,el to that proposition,
and, after they had left the shop, witness followed them.
The prisoner, after walking some distance, suddenly stop-
ped, and told the shopmau that he had better bring the
goods home in the evening, as she would not then be able
to pay him when she reached her residence. Witness then
stepped up, and accused her with having given a false ad-
dress. She replied, after some hesitation, that she had,
and that her residence was in London. She was then given
into custody, and stated that her name was Olivia David
son, but afterwards said her true name was Wcir. She also
said she would not have done it but that she was starving.
Police.constable Hitehman, an active officer of the T di-
vision, apprehended the mate prisoner on the following
Saturday, in Lower Chelsea, in consequence of what the
female prisoner said to him. lie ascertained that both
prisoners resided at No. 24, Lower Sloane-street, Chelsea,
and that the female cohabited with • notorious horse-

cooper.
Mr. Charles Powell was then examined, and he stated
that he was in the employ of Messrs. Holmes and Co.,
drapers, No. 73, Regent-street. On the 30th el' June
last the female prisoner entered the shop, and purchased
a shawl for two guineas. She tendered what seemed a 101.
Bank of England note in payment. Witness said he did
not like the appearance of the note, and asked her if she
had sufficient money with her to pay for the shawl without
changing the note. The prisoner stud she hod not, and wit-
ness then gave the note to the clerk, John Bell, and the pri-
soner received the change, after she had given her address,
14, Wilmington-square, Clerkenwell, and stated her name
to be Mrs. Smith. The note was handed to Mr. Holmes,
and he detected it to be a forgery. Witness went the next
dry to the address given by the prisoner, and found the
house to be unoccupied. lle had not seen the prisoner
since until he saw her in the police cell.
In cross-examination by Mr. Oillham, witness said he
was quite positive the female prisoner was the person. She
was in the shop 20 minutes, and he had ample opportunities
of seeing her face.
Mr. Poynter said ho should remand the prisoners for •
week. He would accept two stood sureties in 100/. each
for the appearance of the prisoner Reynolds on the next
examination. He should require 24 hours' notice of bail,
The prisoners were then removed.