The Express.
London, England, 1851-10-09 00:00:00

THE EXPRESS, THURSDAY EVENING, OCTOBER 9, 1851.

I.atn iintelltaence.

custody his client, whom Mr. Mullen had chosen to cause
to is apprehended in such a hurry.
Mr. Mullen* said it would soon be shown that there was
quite cause enough upon which to ground the proceedings
which it had been considered necessity to adopt.
Mr. Humphreys.—Mr. Westley does not wish by an
131C41111 to shrtak Irons the investigation of any charge which
may be brou tbrward against him; and 1 must
is say that
the course mght y friend Mr. Misdealt has taken rather

COURT OF BANKRUPTCY.—YEsnaDAY.

Markus Ma. COVIIIMIOII4 UOLPOTD.
IN ILL SOLONION3.

His Honour gave judgment on the application for certifi-
cate of A. Solomon*, merchant, of Basinghallstreet, which
was heard last week, and reported in the Ezyreas at
the time. He said—l think it unnecessary to recapitulate
at any length the facts of this ease, because the statement
made by Mr. Read on the part of the assignees was very
clear and explicit, and in its general tenor was very pro-
perly admitted by Mr. Lawrence (solicitor to the bankrupt)
to be a faithful and considerate delineation of the conduct
of the bankrupt as a trailer. The charges against him are
reckless treeing and improper bookkeeping—grave charges
against a commercial man, and more especially one in the
position of Mr. Solomon.. Mr. Solomon, was not young or
inexperienced. Ile had been in business, I think, about
thirty years ; nor is it pretended that he was betrayed into
slips of unwariness, elated with the charms of former conti-
nuous prosperity. Unhappily Mr. Solomon. had experi-
enced vicissitudes of fortune. He had on two several °cat-
, 'ions resorted to the Insolvent Debtors' Court for relief ;
and on the second occasion an adverse judgment against
him, affecting the liberty of his person, must have emphati-
cally reminded him of the duty owing to creditors. I do not say
that this sentence had not • salutary effect; indeed,
think the course of Mr. Solomon,' career in trade for many
years afterwards, and until within a short period of this
bankruptcy, tends to show that he profited by it. Re-
volving the experiments which he had previously made upon
life, he seems to have gained wisdom from his mistakes, and
caution from his miscarriages ; for, looking at the state of
his affairs in 1849, there appears at that time a balance in
his favour of about 2,0001. 1 wish I could stop here, or
could say that the bankrupt bad continued a course so
creditable to himself. Towards the end of the year 1849,
whether actuated by an eager avidity for gain, or by extra-
Tegant hopes, or by what other motive, does nut appear, he
began to extend his purchases ; and in the course of iii
months, from 2,384/. in March, 18-50, they amount in July
of the same year to above 11,000/., and during port it
August, the mouth in which be became bankrupt, to 2,7301.
The goods so purchased were immediately consigned to
agents abroad ter sale, the bankrupt receiving advances
upon the goods consigned to the amount of about half the
cost. The principal consignments were made to a person
of the name of liezekiel, at Hamburg, with whom the
bankrupt had similar dealings daring several years before,
with some short intermission. With the assistance of the
official assignee I have examined the bankrupt's books and
accounts as to the transactions with Ilezekiel ; and al-
though during the six months to which I have referred
goods are consigned ro liesekiel to the amount of above
20.0001., no single letter of advice, or of information of
sales made, or of the elite of the market., is to be found
from Ilexekiel to the bankrupt until very shortly before hie
stoppage, and that was as to one particular parcel of goods.
It es true that lie then made some remonstrance, but it wee
too late ; and the only excuse fur the bankrupt appears to
be that he had had similar prior transactions with lie rekfel
for several years. These, however, were of muchness magni-
tude. The fact was, that he was sending goals to a fall-
ing market, the state of which he must or ought to have
known, or have taken the ordinary steps to make him-
self acquainted with. In the result a loss is incurred of
above 8,0001. Now the bankrupt, having little or no avail-
able capital, his means of paying for the goods for which
he pledeed his credit depended on the proceeds under the
sales made on his account. Surely, then, these transactions
with liesekiel, amounting to between 40 and 60 different
shipment+, and those of • like kind to Nathan, and some
few other persons with whom the bankrupt hail had no
previous dealings, exhibit a course of trading, ape.
culating, as it were, in the dark with property
scarcely to be deemed his own, which calls for
severe censure. They appear to me to be characterised by
an improvidence differing from dishonesty rather in name
than in nature. 1 have already freed the bankrupt from
the imputation cast upon him by Mr. Sargood on the part
of Messrs. Cox. The dealing with that firm was so short a
time previously to the bankruptcy as naturally to excite
suspicion ; but no proof was adduced of obtaining goods
from Mews. Cox by any artifice or device, which in my
opinion is essential to the criminality of a fraud. It was
urged against the bankrupt that he had duly met his pay-
ments on a prior dealing with Messrs. Cox ; but I think
without reason; for the bankrupt disbursed the money
which he received upon his consignments in the ordinary
course of his trade ; and had not Ilezekiel ceased to make
further remittances there is no ground for believing that lie
would not have paid Messrs. Cox in due course. I think,
therefore, these gentlemen have no just cause of complaint
apart from that of the general body of creditors. Next, us
to the book-keeping. " Retrospects to bad reckoners are
troublesome things," and so it has proved to Mr. Solomon ;
for although he ultimately succeeded in satisfying the court
that his bankruptcy had not arisen from fraud or extrava.
gent expenditure, nevertheless by reason of his imperfect
bookkeeping, and having made entries under ficti-
tious names and titles, suspicions as to his honesty
were naturally aroused in the minds of his cre-
ditors, and lung hung over him. Hence, much time
was consumed and trouble and expense necessarily in-
amend in the investigation of his dealings; aad the bank-
rupt was obliged to bring over from Berlin a former clerk
and bookkeeper to explain transactions which, by his books,
were left inexplicable. One word as to the appeal made to
the court by Mr. Lawrence on account of the bankrupt's
family. The suffering of relatives and friends of offenders
is, to a certain extent, inseparable from commercial as well
as from other delinquencies ; and this should operate as a
strong preventive against deviations from commercial recti-
tude. We must remember, moreover, that legislative pro-
vision* have not the individual for their object, but the spe-
eke, and are not made fur the convenience of the day but
kg the regulation of ages. In conclusion, I should observe
I art the bankrupt hail devoted his time and attention, since
his bankruptcy, to the satisfaction of his assignees; and the
hearing fur his certificate was delayed by the vacation.
Olving the bankrupt the benefit of this, and having care-'
hilly considered all the circumstances of the case, with due
regard to the interests of creditors, I feel bound to suspend
the allowance of the bankrupt's certificate for a period of
twelve months from the 9th day of August last, being the
Surliest day on which the application for his certified,
scald have been made. The certificate, when granted, sew
eel, be, as it seems to me, of the third class; for it cannel
be said that his bankruptcy has arisen in any way from us.
ereidable losses and misfortunes.
Mr. lAwrance hoped that protection would not be ro-
bbed after the assistance which the bankrupt had rendered
le the assignees.
Mr. Reed mid he was not instructed to apply for protec-
tion to be withheld. The assignees hail not opposed from
any vindictive feeling, but merely to place the facts before
the court.
The Commissioner—Baring regard to the diligence which
the bankrupt has shown shies he has Leen in this position,
and as the creditors will probably not object to bis having a
short protection, I will grant it for a month ; and if they
think proper to oppose it at the end of that time they can
do so.
Mr. Lawrence said he would undertake not to make any
application for its renewal without giving notice to the
assignees, and would take care always to select a day when
the coart was sitting.
lii RZ WESTLET. -

Mr. Mr. Mullen—lf Mr. Westley could have been found at
home, he would have been taken long ago. If the prisoner
be remanded, I shall be able to show that there is no such
person as George Mortar, printer, at Leeds.
Mr. Humphreys—l submit that what Mr. Mullen says is
not sufficient,combinedwiththe statements made by the:other
witnesses who have lien examined, to justify a remand.
If such evidence was brought for ward upon an application
fur a warrant to apprehend a party charged with forgery, I
entertain no doubt whatever that the sideman un the
bench would refuse to grant it upon such flimsy materials,
and if he would refuse to grout a warrant, he would cer
Maly feel as strong objection to detain a person on such
testimony.
Alderman Wire—Has Mr. Mullein anything further to
state ?
Mr. Mullen—Nothing further than this, that I can
prove that there is no such person as George !defier, a
printer, at Leeds, that the bill is overdue, and that there
are other bills which can be produced, and which are not
more substantial.
Mr. Humphreys repeated that there was no ground for
detaining his client in custody, and said that Mr. Westley
would be forthcoming on any day to answer any charge.
'The prisoner.—Certainly, I declare that I was not absent
from home at all.
Alderman Wire.—l think there is a very important dif-
ference between the case of a remand and that of granting
a warrant under circumstances of this kind. I might nut
upon such evidence grant a warrant, but the part.es princi-
pally interested have brought the prisoner before me, uud
Mr. Mullen* has sworn that, if time be given, he has no
doubt that ho will be able to produce legal evidence in
proof of the correctness of theaccusation. If the charge prove
groundless, the prisoner will be sure to get reparation.
Mr. Humphreys.—Thoise who have given my client into
custody arc now liable elsewhere for that act; but they
will nut be liable after this day, for if the prisoner be
mantled upon the insufficient statements made the act is
the magistrate's. I therefore return to what I before ob-
served, that if there is not sufficient evidence to justify
the issue of a warrant, there is not sufficient evidence to
sanction the detention of my client.
Alderman Wire—His right of action will not be preju-
diced by the remand, and he would not in such a case be
likely to substitute the magistrate fur the accusers. The
remand would, in fact, operate as au aggravation of da-
mages. The charge is one of so grave a nature that! cannot
help remanding the prisoner.
Mr. Humphreys We hope you will not refuse to take
bail. We arc ready to give bail to any amuuut.
Mr. Mullen—l shall leave the question of bail with the
alderman altogether.
Alderman Wire—l cannot take bail in such a case.
Mr. Humphreys—Why, the case is the most flimsy ima-
ginable.
Mr. Mullens—l hope it may prove so for the prisoner's
sake. Ido not consider it necessary to say any more at
present, but 1 shall state further facts upon a future occa-
sion. I do not oppose the taking of bail, if the prisoner
can produce good security that he will meet the heavy
charges which 1 shall bring against him.
The prisoner was then remanded.
WORSHIP-STREET.
Charles Swaine, a horse keeper in the service of a cab
proprietor named Parte, in James-street, Mile-end, who
stood charged with having feloniously caused the death of
Edward Plimpton, his fellow-servant, by stabbing him
with a pitchfork, was placed at the bar for final exa-
mination.
John l'lampton, the deceased's nephew, stated that on
the afternoon in question ho was at work in Mr. Page's
yard when ha heard an angry altercation in the stable
between the prisoner and his mate, the latter of whom
seized hold of the prisoner and succeeded, after a short
struggle, in thrusting him into the yard. The prisoner in-
staidly caught up a pitchfurk which was resting against the
dour and rushed back into the stable, from which he again
emerged in a few minutes billowed by. the deceased, who
had a mop iu his hand, which he was in the act of raising,
wl,en the prisoner, who was still armed with the pitchfork,
made towards him and drove one of the prongs into his left
breast. The instant he received the wound the deceased
dropped the snip from his hand, staggered back into the
stable, where the prisoner remained in close attendance
upon him until he expired, about half an hour aster.
Mr. Jackson Kent, house surgeon at the London Hos-
pitaLstated that he had examined the body of the de•
cesacil, who was quite dead when he was brought to the
hospital, and found that he had received a small wound,
about half an inch in length, between the fourth and fifth
ribs, proceeding in the direction of the upper part of the
heart, and piercing the pulmonary artery. Considerable
force must have been used to inflict sacs a wound, which
might have been caused by the prongs of the pitchfork pro-
duced by the officer.
The prisoner, who was deeply affected, expressed his in-
tention to reserve his defence, and was committed to New.
gate.for trial on the charge of manslaughter.

LITEUYOOL, OCT. 8.
The sales to-day arc—Sugar: A small lot of Jamaica, at
325.; 20 Ishds. Yorto ff.o, at 345. 6d. to 3os. Coffee : 13 tierce o Ja-
maica, at full Orion; 1,401 hags Rio, at 375. Rice : 700 bags, at lull
piss. Saltpetre: 400 bar, at 235. to 235. 6d. (12 per cent.); rustle:
100 tons Sawa% at 31.1 s Gd. Seed: 400 bogs Bombay Linseed, at
Gd. ; SO bags gape, ut 40s. ; 120 begs Castel., at Go. The foreign
produce and cotton brokers claim from this day until Monday neat;
there wilt consequently be nothing further to report this week.
COTTON.—Livyuroot., Oct. B.—There has been a quiet
but steady merle: to-day, at Irlday's quotations. Sales amount to
about 6,000 bake.

HOPS.—WORCESTEU, Oct. 7.—There was a large sup-
ply o• sew flops at market on Saturday, and 1,307 pockets were
weighed, with many sold to be weighed In the wsok,and triers NUMMI
about the same as last week, my from 110 a. to 14011., and twice ram-
ph s higher. From the grout firmness which pervades the market,
we do not expect lower rates at present for anything One, but low
ampler are difficult to sell, sad must go down to prie • bcforc con-
sumers will tube them. Fine yearlings are soucc, and quite as dear.

HIDE AND LEATHER TRADE.—LoNDoN, Oct. 8.

—The UMW Nit Irma by Phiwere. T. J. and T. Powell 'Untrue. the
following remake on the coops of this market during the pact
month —There has been a good lonsinees transacting. generally, In
ley her throughout the past month; the lulu have fully equalled
Promo( 'Uteri-ceding month in extechbut In mime Pretence. at *slight
declension of prices, and although there is not any extraordias7
movement to notice, the transactions altogether denote a con.
tinned and steady demand; eo that, amoidering the present
proeperoue Mate of the Industrial claws., not only In oar
manufacturing but agricultural districts (who are always the metal
eioneumers of leather), we do not think we are anticipating too much
in expecting unabated demand tbroug:. ,e _under of the
year. Crop Hides have met about an .average slurried, ...el their
priors have varied very aliehtly during the month, but the light',
weights wore ly support our Rd quotations. Butts: Light Env lab
sad loreign butte have not sold very freely, and have slightly needed
la value; heavy English butts alai have Lot been in active request
The seise of heavy foreign butte have been coneideruble, but in name
Vgmoos at a slight reduction from the prices of the previous month. ,
amp Skins: Buds of all descriptions are in good demand, at:our
leigkikins; white sheep and lambs of geed quliiies are scarce and in
Suirml. Curried leather.—Calf shine have met a moderate inquiry
at shad former rate.. Shoe butte and Scotch mailings of light
=MR readily. Light kip butte also have bear in good request.
Illmtinues almost unsaleible. Foreign tanned Leather.—
Then wee no Importation from Australia during the put
month. The sales of crop hides or aides are ineumiderable, at
from GI. to Old. per lb. The Fiat India tinned kips re-
cently offered at pubile sole did not find buyers. Of French
tanned calf 'tins very few have been imported. French
and Swim curried call rhino have net eold very freely, excepting
those of goal quality 20 to 25 lb per dozen. The imports during the
put month consist of 19,511 salted and 4,563 dry Sumo byres ex and
cow, with 3,023 salted horse hides-10,902 salted Rio Grande ox and
cow 'drift-1,30e salted Callao hides-2,100 suited and 92 dry Cape
aides-3,353 Lilted New South Wale. bides-536 West India hides-
-141 dry African hide —2,515 FAA India Buffalo hales, and 117,500
East India kips. Salted River Plate and Itio Grande Hide:
Not any alteration, of Importance have taken place daring
the month in the -.ohm of then goods. Toe imports and
sales are so nearly equal that the dock remains within a few
hundreds of its amount last month, and, &Strewth the
demand for exportation Ihas not equalled that of the pre-
ceding month, it hue still been ceurlderaUe. Tt e imports are 33,7,25,
the thee 31,214, the purest stock 46,723. The abovememed sales
halo been made at oar late quotaticos s—td. to 41d. for the test
heavy Buenos Ayres; 31c1. to 31d. for the more ordinary quali-
ties; and for Rocco hide: bull hides, 3d.; light on, old.
to 31d. ; cow, 31d. to ; Rio Grande Hide., hi. to ;., with the
usual tares. "hue the close of the put mouth a vessel has arrived
from Buenos Ayres and one from Rio Grande, bring together
13,135 hides. tut India Kips remain at nearly cur Lte quo-
tatkins. At an unusually large sale in the earlier part of the month
an advance took place of id. per lb., bet the more recent sales
exhibited rather a tendency downward, so that they are not at all
higher than at the beginning of last month. The Imports of the
put month are about 117,510. Toe sales ore 120,200. The seek
(deducting 40,150 ryshipped by importers' order) is 131,000. Market
hider have been very abundant during the month, and are cense.
quently lower: particularly those of the heavier weiebte. Market
calf-skies and realest horse hides continue at our former quotations.

This was the first meeting in the case of J. Westley,
bookbinder, of Playhouse-yard. The failure is rather a
large one. By a preparatory statement, compiled by Messn.
Harding and Co., of Guildhall-chambers, who arc engaged
on the accounts, the debts appear to be about 16,0001. • the
assets, which are uncertain, are estimated at about 5,0001.
Mr. Lawrence, for the bankrupt, asked for en allowance
of 5/. per week.
Mr. Linkluter, representing the assignees, thought the
sam too large.
The court sanctioned an allowance of 31.

CORN.—B•amstzr, Oct. B.—The day has been fine, and,
and we hays a moderate supply of all kinds of grain, without alters-
tlon Week

CHICHESTER, Oct. B.—The Wheat trade to-day assumed
• firmer appearance, and all deresiptions sold freely, at an advance of
la. pa qr. Them was a liberal supply of harky, and al but the best
samples sere Is. per qr. cheaper. the supply of Oats, Banc, and
Peas Is .mall. Prices unaltered, Wheal, Sas. to 345. Harley,
Vls. to 38.. Oats, 17s. to 20*. 28a. to SM. Pau, SA. to 31a.
tsar qr. Flour, 29e. per seek.
HATWAILD.II HEATH, Ott. B.—The supply of Wheat was
small at marlet to-day, and, there being a fair demand, the greater
portion found • ready sale, at (any last week's prices. Other sores of
paha In moderate rsq,.at, at late rates. Old Wheat, white W. 101.
to 104.,• red. sl. to 81. 135.; Dee. wales,mlo4 toe.; rid, NI. 113 e.
to IL Ss. Barley, 2175. to 30a. Oats, 17.. to 19.. dd. Beano, 271.
to 30.. Peas, 29e. to 30s.

HEREFORD, Oct. B.—TM market wu well supplied with
all ono of produce, and eagle torkaacy to an unprosonent In the
rates of %twat 7be new acmes Is spreoved condition for meeting,
und re grotty sired la arigis VW bine to-day. Theo 'curt
tr tis min was aim up at lb. IL pm rat The taint sneer the
Prime le sae mesas same moiety in the minds of the
mama the lsaust piise et Mida ler Imibal. In 2a. at.

- - -
Nzwe.ae, Oct. B.—lannosi lamer of the Corn and
lbw trade We Wee fully aniiiind k ei ewr loinahog market
deelag the put week ; Wass Wen 121 MU • terlosey upwards
=sanest seed time Is we sandanst &Mon Neuritis.
the lute: of When Want to midst up is this
mkt, Ike stmt. pant • piertifiel lea ea lwalk se time
Mule. peat la no mann ar Ye most asps over
MI •1401•1111 graft the
away inaor, mil Wpm on entredrd no the
iron pens. Oa Ike Oxa damn nay enWhen In aMs
ntnos supply
at When. owl no nab* en nand M vine st la; and
red ILlefs. per er. adann. Ranh of wain VOW We, 14.
peen. awn Nona aanahanneart bet years. is maw gr
atas tadonn. J. tan ist anyone of ea ann. nog
nil Os Ones It ennatunk Innensid.