The Express.
London, England, 1851-10-08 00:00:00

THE EXPRESS, WEDNESDAY EVENING, OCTOBER 8, 1851.

reeds, had the assignees not taken the steps they had
done, they would have clearly failed in ,the dis-
charge of their duty. Had the bankrupt pursued
a different course, the property might have been sufficient
to pay all the creditors in full. With regard to the jndg-
ment liken by Mr. Commi,siouer Goulburn, there were no
doubt ample grounds before the court to justify it ; and
when the bankrupt was alloyed to pass it was in conside-
ration of the additional evidence that had been given. Re-
ference had been made to the evidence of °eddies and
other persons; but t►e court would not allow a judgment
against the bankrupt to depend on loose conversations
Which had passed long ago. Then came the question of
bow long the certificate should be suspended, and of what
class it shoulll be. It could not be said that this bankruptcy
had in any way arisen from unavoidable losses or misfor-
tunes, but from the improper mode in which the bankrupt
had carried on his dealings, and, after he was in a state of
insolvency, giving to one creditor the control over the
whole of his property, and allowing it to be disposed of so
as to incur great loss.
Mr. Linklater ►aid it bad occurred to him that as they
were now proceeding under a fiat issued before the passing
of the last act, the classification clause would not apply.
His Honour said the only further question thin was as to
the suspension. Though the creditors had much cause for
complaint, yet the course pursued by many of them in
putting in executions from time to time was objectionable;
it would have been better had they taken steps to force
him to make an equitable distribution of his property.
They certainly had a right to act as they thought best ; but
possessing the power of making the man bankrupt at an
earlier period, and not having done so, they had the tem
cause of complaint against the bankrupt for not bringing
himself before the court. Con‘idering the time the bank-
rupt had been without protection he would suspend the
certificate fur 12 months from that time, and give him pro-
tection for a month, to be renewed at the end of that time
if cause were not shown against it.

stated through Mr. Strauss, the interpreter, that she came
to England about a year and a halt ago with the prisoner,
his daughter, an infant, and the woman be lived with. She
used to get 18 brooms and 6 windmills to sell, and after
walking the whole day if she did not bring home 2s.he beat
her with a leathern strap which he used to wear round his
waist whilst working in the sugar factory.
Conrad Shirt's, in whose house the defendant nsed to
lodge, deposed to the defendant having beaten the girl more
than 60 times. He did not see the punishment, but he
heard the blows and loud screams, and there were those who
saw the black and blue marks shout the body. Witness
did not interfere, so he did not wish to enter defendant's
apartment. The girl's father had been written to.
Margaret Shiraz, daughter to the last witness, proved
that she saw defendant frequently best the girl with the
stra
Th.
pe prisoner said, through tho interpreter, he never re-
membered having beaten her. Neither did he know what
money she brought home, as she was always in bed before
be returned from his employment.
Mr. Yardley having ascertained that the Rev. Dr.Cappell,
who had taken so large an interest in the case, had to leave
on pressing business, postponed lis decision until Thursday
neat.