The Express.
London, England, 1851-03-14 00:00:00

law intettue ace.

EQUITY cotatr3.—YESTEZDAT.
Sams I,4C6CIWCIILLOS Kr.est

Ix PAMIR DOZNIFOOID to INPIerOIII9.—CESTITICATF
Tbe Vie,Cauteeler gave ju in this rose, which
Ma'am appal of a bankrupt true the suspension of his
riereillesee. The um none it on the Itfth and 'L'oth of
February lea, by Mr. Itussell and Mr. Inman. for the
Ispalast, sad Mr. Itoundell Palmer and Mr. Cooke fur
r. Desesouiier, the nmsning creditor. Mr. Mi ssits r appear-
lag fur the assignees. but taking no part in the euntest.
His honour, atter taking tune to look ovi r the aih.:avitv
anal d-ionsitiusei, proceeded to review the fact. as displayed, I
commenting on Cheat miuuti n, also those in a recent
ease, "Ex parte Johnson,' contrasting the respective
conduct of the two bankrupts. A risonsideratiou of all
the circumstances id Johnson's ease haA served en-
tirely to conlirru him in the opiainn be load ciprt.oksl,
that tie conduct of that petitioner could not be
de, :roll deserving of the "seem penalty which hail been
award. it against. him. The present case had different
issicatii, and tire nindrne,4 connected with it hail sae-trio:y.l
not its. en sitistaetonly explained. lie was of opin:on
on tlii whole, sulijixt to • ipastion of law which he would
subs. notice, that VA& was mint assuredly a ease, if
not fur disallowance of • certificate Wirriether, at least one
for mono suspension on the ground of conduct which must
Ise di-a:mount inairrset. A tiuestiim n. at arose whether
the or I. f of the learned rounifissitmer W. 1., or was nut,
Goo
tint, .arable to the bankrupt. It was superfluous to him
honour), as it hol been to Mr. Coinutissioner Fone,
to torus any opinion how far Mr. larruliini's application
would have faded or sareessled it his mindful towonls
hi. frislid, al. de Caulier, had be. n silo: re, true, and
struiilitforward. As the limbs stood, and could not 1.. ivies-
tioneil, it was iniponible to soy the learned
cornmi—ivaer s'
order was out sufficiently favourable to the Isuikrupt. On
th. point, whether Mr. lhoniford's Induct thus im.
pugs.. st woo " courluet es a trader" within the meaning of
the Consolidated Act, &swell IN a pArViillis StittiltC, iu who'll
those difficult words went iutrodurtd, su fir at he could
venture to pat a construction ou a phrase so 1.1100 anal un-
satisfictory,he shivitil say that trankrupt'sninduit must I
Is lie within that constrwition, then lay suliject-
lug his.. t s th; peuZty ethee.l. eiiAti-ver le its
1a.10,r all th,,u eiltulU•taular., no coarse remaineil cac, pt
tie dismissal of th.. it oilfrupCi. fevition. It did wit appear
that costs were pressid tort whiinvt bulltrupt wrea•dly.
awl he si as no:1W. to comply with lair relroutleitt'‘ request
to Lose thew chewed out .4 the estate.

Darner Loa• Calls•011sa (Cr., CWlfestaallth
llonionts e. !Mien.
The tonal°, in the eause had bequeathed 20,0091. upon
trust Mr the tinolatitm of lour lellonships, to be railed
alter Musa.ll a. donor, and to he stow:m.4 to Magdalen Col-
ic/o', 011ocd and if Magdalen Colletie should et lino to
adopt ote be.pat.t thin the slant WAS to I. OSUMI to the
other clltge. tit• Ostfool till we. pied. In the eke.
tato of the 11 bow., fr at of Lin of tht• foutitlcr were
to k• prelemd in the first in shine-, awl alt. r them
natty,. of litatforibtlaire. In all matter. not itmvitlill
for by the testator with regard to the fellow.ltip.
the • I eillara rent to hire an uloolotc disention.
ilt .1 ge 'time ti to accept the gift. The
questim vim win thee the lasillesT !Sonia he support...l as
fallnlA within the eiTelothel in She statute or mortnutin,
if int,. 11., e. :Pi, in favour of the universities and the
add. gee then.M. It was swat-awl that, having regard to
the reArietions placed by the tt.talor upon the right of
Insinination "I the fellows and upon the ii i.. u of the
college to which the full...shim sere to, he 'Wattle I over
inatt.-nt relating to such letiouthip., the helot st could
hardly he comill• n d to he foe the law lit of the college ;
and then fore not within the eteeption of the statut..
hies Wiest. Mr. Wilt, Mr. li. 1.. Ito., 11, Mr. J sau s.
and Mr. IMO.- appeared for the dilfemitt partit U.. suit.
Ilis lordship thought the bequest fell eh lily within the
011erialall, anti mule as onit•r d.rlariog that th.• gilt Was
• valid got in trawl for souk college or cake s. of Oxford
s+ Jsnahl accept the tenor 111 por.wout. of the scheme
thereby dinar ti, awl din etinga r. fennee to 11w Mast. r to
approve of • whine unlit r winch the vie might he offered
to the slitP•rtat goals gas.
MI.T.111111: e. WISEMAN ANI) OTHERS.
Mr. Itag.hawe again in al over at great length the Oda-
vit. of the daft rent deponents in this cum.
Mr. otuert raid he wouhl ask hit lordship, OS behalf of
the relator is the information which hail ben
for h..yc to give notice of motion for to-morrow to pay the
trust fund tato court.
Ili. lordship gave knee.
Mr. Stuart then said that in the present suit he appeared
for Mr. 11,14-took, who had been served with motile of the
Ithalan wider tlneunion. 111. duty was tallell to
d. .a with the merits of the ea..., which had been already
so, fully &waned, as to violin-ate the eh:inciter
of big client, Mr. lloblabsek, Irmo the blacken-
ing slava which had been brovight aktitt.t it,
Mel to ask fie the ...sts he hail been put to by ili.• service
;I"r'ulttl'•itlah.:l.lflitat dito"..la67:l„..d.rumll"tinn. • 4t)on
*pais,. to Mr. iloldstm•k ; and had noted his MI lie
that Mr. llohlansis hall only acted in accordance with what
he 11. lieved to be hi. duty a, a priest. 11. had afterwards,
however, suppott 11 111.1,by the bill lq iuiputing
In hint a fraud tantamount to A emispir.wy. o Mot en-
mod • las days' 11i0n...4011. resulting, tut the part of the
tgoddle, in a ettt1111111.• jowl& of law and fret,. Consider-
tin' sacred calling tit Mr. Ithitlstock, awl the high repu-
tation surd simulate of that gentleman, As Well as of Mr.
the chase.• brought forward by the pluintills woo t 0,.,
litim•t nue. for a Moan Ill.selaalelite. The Omuta: cm. Was On
the Mee of it perfectly absurd. and soukl only hare ori-
ginated Irons popular meiteuwut of the day. No mot,
whose notiose, of justice ISt la DOT overpowered by his pro.
te.tant veal, could ha. a Mann 11l helleSe It. rue
Ind. it mainly rested roied•itial of the affidavits of
Ilantilton and Brown, who had both been shown to be un-
worthy of credit. On the other hand the es Meow- of the
ode. 'meta. present tit the transtetion substantiated the
ni email given in the allidavit. of Ilialdstock and Cooke.
This was also confirmed by other evidetwe of the mist
rt.peetable character, hauling to Kh.lw an intention on the
part of the 1. st.lt•tr to hearth the charity in question.
Mr. Jame. ralapbal appeared with Stuart on behalf of
Mr. llohlattiek.
Mr. Malin., for the Very Rev. DT. Col awl the Rev. Mr.
Mario the to-trustees with Mr l'uoke of the deed,
mid, the itetetedlole object of the motion Was In protect The
fowl newton: the litigation upon the qu.stion of validity of
the gill. The totestion was a tit one to lie tried at a proper
time and proper o, ji a pror form; but to took trial
upon evidence such as that whirl% had been adduced upon
the present motion, Was a court.• which could not be jotti-
lied. Why had the motion been brought oil at all ? The
only melt nee for such a proceeding w.a apprehended danger I
to the fowl. WAS there ho•t•Ter any Serious ground fur such
apprehension? 1116 client, the trusters other (hall Mr.
Cooke, were Homan embolic eeekstiseties of the highest
character and standing. Dr. Cos, the vitae apie tolie. of the
district, had sabeetssloal in that character to the trusteeship
on the death of Ile. tirifilth.. Ills was .10. president of the
Hannan l'attiolie College at Ware. Mr. Norris also WAS an
eminent reeltsingw. The deed imposed upon the trustee.
the duty of preserving the fund for ever in the J: percents.
It multi nut bas roomed • itlwut u breach of trust. WAS it
lik.ly that these eminent perom. would hate concurn it in
committing that breach, to the detriment of the charity
in um otiou, and with full notice of the poem
suit Tit; fond, th.refore, WAS in no danger,
Omagh Mr. ('woke their co-trustee had been ever SO hall
B.' Must say, however. that no detriment could arise to the
char,wter of that gentleman from the pre.. nt tran.action.
Ile believed, and he raid it as a Mont het of the same pruo
fension, that Mr. Cooke had and throuummt on the heat
awl pun,t motives. There was 110 ground thenlore to ap-
prehend danger to the capital of the fund. It hall been
said, however, that the dividends were in routs.. of misap-
plieatiim. The whole amount of the dividend was hut
210/. per ammo'. If thi. Were paid away wading the liti-
gation, and a decree were eventually node agaiint the va-
lidity of the deed, the .unt w paid would have to he re-
played. decree would override the dividends so applied.
Was it proliable therefore that the trustee,. would ray them
away while the litigation was pending ? Or if they did,
wen• they ad well able to nplare them ? It was clear that
there was tio ground of fear either for the capital or the
Then why bring forward the motion at all ?
He tali. vi 41 the reason to be, that the motion watt in reality
not that in the Melilla,. Was it likely they would under-
take so eillells,Te a I, rOCV aing ? It was the motion of other
parties behind the ...no. to answer an object of their own.
AU the eireuntstanri, of the CAN' 140,0) it. Why had l'ar-
dieutlWiaesnan,though entirely unconnected with the matter,
liven named a defendant on the weird ? Simply to give an
&Martha% to the cam. If it had lien brought forward un-
der the name of •• Metairie r. Cooke," or " Metairie v.
Cos,- the atm.• notoriety would not have been strand.
Them cireunewances, lw submitted. were fatal to the sat-
een of the motion. The court would protect the fund if
properly devoted to the charity. Of the intention of the
dollar stk to devote it there could be no doubt. After hi.
departure from France he had had no communication with
his relatiom for forty-two years. On ascertaining
the wealth of Carer from the Abbe lloulard
his relative. for the first time wrote to him. They apply
to him fur faSOUTS. Ile L. asked to do something for kw
nephew. All thi. he disregards. Ile never recognise* any
claim. of blood or kindred. 'lasing through life neglected
the duties of charity, what was more natural than to desire I
when at the point of death to make up for his neglect he
devoting the greater portion of his wealth to charity ? The
gill could not fail foe want of evidence of an intention
to give. if it Wed at all, it could only be for want of
precaution in carrying out the intention. Some reason
might possibly be found for which his lonlship might think
it right to se t aside the deed. 'To try this, the parties had:
filed an information, and the trustees were ready to pay the
fund into court to abide the result. They wished to do
this in the infOrmation. and not in the present suit. It was
their duty ten triodes to endeavour to protect the fund from
the riot- of the present pro. ceding.. The learned eounstel
concluded he submitting that the present motion ought to
be teftessil with cats.
The see WAS then adjourned till
COCIiT OF BANKItU I•ll.7Y.—Ymmariay.
Siren was Collat.-Taal& Past.
Ir on Buye.tnn.--CissuGe ur YOZOIRT.
This was the et rtificate alerting in the can of Charles
}lanyard, seedsman, of Mark-lane. The balance-sheet,
prepared by Mr. Thorna., of Grisham-street. dimlomd *
somewhat diaaatrous result of a short period of trading.
The accounts commenced on the 2nd el Jane, 1849, with •
iiideieney of 14,8371. He sow owed as waseented meditate
19,91 W., and kis liabilities were 1,29111. The limb, in good

(this day),

and doubtful debts, were put down at 3,2721. His prate 1 The Comeniusioner-A transaction like this, unlew ex-
had been 929/. ; trade expenses, ef.ol. • per-unal ditto, 7a21. ; plained in • very extraordinary way, is of this, l
interest and diacount, 1,4701.; sec',
I to put him in the category of knaves, and to call un me to
Mr. Larence,
core to the bankrupt, said that ter- : refuse the certificate altogether.
taco facts hail come to his knowlede quite recently which . Mr. Galen.-lie mid that he should have applied to a
would seriously affect the question of certificate, awl he (lid particular friend of his at the west end, but he was not at
not think the haukrupt ought wow to present himself before home. He did not mention his name.
the court. The charge; to be noulo against hint would ae- I Mr. Nash, whartinger, said that the bankrupt, whom he
cesearily involve third persons; and pi belay the assignees known some years, applied to him on the 13th 31sreb,
would think the justice of the case was met by the bank- I 1849, for a loan of 300 i., to complete the purchase of some
rapt withdrawing his application fur the preeent. , property. at Maidstone, which was the joint property of his
Mr. Ilollanef, fur the &soignee*, said be should decidedly , .other-tn-law and his wife. In reliance on that statement,
object to this course, wad •h, in fact, the (-met had no power i witness lent him 500/. for It days. A month after he gave
to eolopt. lie was prepared with a numb •r of witnesses to witness a bill of Mr. Benda's tor 493 L 75., and paid him
substantiate his charees against tin bankrupt, which were i the difference, 12/. 11,, including interest, by a cheque.
of the gravest description. Were this application to be . When Mr. Rendall's bill wan coming due in June, he gave
listened to the assignees might be &trailed by continually .in eachange fur it one on Mr. Skirviag, of Liverpool, for
coining here with their wait-ewes, and having the matter ' 4191. 135., due on the 14th of September. Bankrupt
tpu ed. I alleged as a reason for this hat Mr. Randall wee rather
P6lhenCummiesioner said that if the assignees thought : preseed for money. When Mr. Skining's bill was due, he
Rear
to present their awe b, fore him he was hound to said that gentleman had stout him up a quantity of tares to
hear it. He was always an advocate for having a ewe fully.: sell, with the praceeds of wide.' be was to pay the
gmc into cat th., last examination, including the conduct of Lill. A month after he applied again, saying there
the bankrupt ; but the legislature had not vet taken that I was no market for the
bill tares, and he
other., then sub-
view. It had, however, lien anunged that the court shouts! I atituted Mr. Skirving's by two one
fix a time for bearing the yntetien of certificate whether lon Mr. ]'utter, of Newport, for 2381., another on
the hankrupt applied'oer not ; and the poetic* being all here, : Messrs. Manic and Sons, of Bristol, for 293/. In December,
it would be very injurious to the public interests for the 1 a month before these bills fell due, witness halt him
matter to be iialefitately postponed. I other 2,301., on the representation that he could make
Mr. Lawrance aid that, a. he consistent, he must with- a very advantageous bargain in turnip wed. In
draw from taking any further part in the proceeding. The January, he sulntituted the last two bills by one of
Icon
r. also. withdrew. 498/. las. on his bruther-in-law, Mr. Bodman. On
Mr. lloollatue then aid he was ins:meta to oppose in the 27th of March, three days before that bill
this ruse on banal of the assignees, Messrs. Chariewood, wits duet the bankrupt wrote him to the effect that Mr.
Nash, and Catlin ; also, for Mr. (Stirlen, merchant, of Mark- Badman had gone down to Maidstone to get the money.
..,
1.,, Mr. g,ea,...e.n.e„ger.nepiree. herring nharelesacy- Afterwards lie alleged that Mr. Holman could wit get the
street; and Mr. Skirving, of Liverpool, who acre creslitor, money, by reason of the delay in preparing the deeds.
This was periume as serious a ease as teas ever brought he- Various ether grounds of delay. wen: ursmal, including the
fore any court of juaice. On the face of the balm" --sheet bald:meta illness, until the failure. With the exception of
divers complaints are"-trading when hopelealv insolvent the 12/. Its., he had received no part of those bills.
:0
-borrowing money a; extravagant interest-any C.l,t4iTC Mr. lienall, seeelsman' of Plymouth, was trolled to deny
,personal expsaieliture. There were other statutable offences that he had ever accepted any bill for the bankrupt for 493/.
under the Vieth section, an withl ' ling entries from his falling due on the 20d1i of June, 1849.
boas and omitting to keep proper lowiles with intent to eon- The Comnehasioner-have you got the hill?
teal the state of his affairs The bankrupt owed 20,2181., Mr. llollants-No. Your llonour sees all these bills were
estimate-el his testis at 3,001., and had Warted with a deli- given up-the oar in exchanze for the other.
ei.eay oa I leat7r, Ills profits had been 9291. ; trade and Mr. Rendall also denied ever having sold any winter tares
other eaperwes about 1,6041.; interest andoliscount, 1,4701. ; to the bankrupt. He had accepted an accommodation bill at
in all the cap 'Maury was elicit three times the profit, and his request for 418/. 124., due In Decemlea, 1819. Ile did
had lwen so fur a eerie" of year". Up to 1849 the bankrupt tails ut the ropeated soliatati ~,, of tie bankrupt. who sent
hail been in partnership with Mr. Mar hell, which business Aim a post-dated cheque for 450/. This was returned, and
appeared to have been a prosperous mw. Mr. Mar- he get a 'avow' cheque, which was right. After that the
swill then retired without any assignable cause, perfectly bankrupt asked him to lend him some more, but he had
advent, while tie- bankrupt represeiited him.lf tole:deficient had quite enough. (Laughter.)
Meai:N(lo9l. The suspicion of the assignees wasexcited,and Mr. Skirving Was recalled, and dentist having accepted
an-aunts w. recalled fir; bankrupthertuponrenderedarough any hill for 4191. 13s. due in September, 1849, or having
scout of his expenditure for 17 years, in which he put sent the bankruat any litres to sell to meet such hill.
dean his lc rend expense* at 7401. per annum and chariest r. Potter, ot Scwps.rt, and Mr. Maule, of Bristol, re-
-12,410.11. for interest. In the same account he averaged his speetively denied that the bills given in their names had
profits at 4:P91. a year. Explanation was required of the been accepted by them.
extraordinary item of 12,000/. for interest, and he then Mr. Badman, the bankrupt's brother-in-law, denied that
gave me atrount showing that he had borrowed sit the rates the aceeptunce purporting to be his was in his handwriting,
of 34, 50, awl 123 per cent. lit one ease he had borrowed or anything like it. lie had given no authority to the
1,001. of a. Mr. Pottsrand had paid 240/. for the use of it for bankrupt to accept such bill fur him.
two months. Alter all, he could only make up 6,000/. of The Coonmiseioner-It is my business now to consider
tie sum 1.4.1 as interest, and could only account for the re- whether this person is entitled to his certificate or not ;
twining 6,001:. by saying he must have underrated hie and I must ohjo ct to any questions being asked for
honewkeepine experts". It was clear that he had for a the purpose of obtaining evidence in support of a
series of years been borrowing money at exorbitant interest, claim which ought to be enforced in some other court,
when he haul no chance of redeeming hint. If. Ilis letritis and not in this. I have nothing to do with the questions
mate business was the steadiest imaginable; it hail gone on that nosy arise between the holder of the hill and this
producing trthout VA/. a year ; them was no chance of gentleman. I wont ask a question on this subject.
making tare, profits. Notwithstanding this, hie personal It is enough for me to know that this bankrupt,
expenditure laird hen about double, nerionling to his for the sake of inolueiug.a creditor to part with his money,
owe sedan nt, which was wholly unvouelied ; and or to prevent his enforcing repayment, issued a bill of tee-
the asaigneese believed tiled it was enact-rated. Ile "hang.., hearing apparently the acceptance of Mr. Bat-
hed livid in great style, at a country house at man, but which Mr. Botbnan says is no acceptance of his.
Uppsr rlapton, haul kept a carriage :cad pair of It is quite evident that this person has been guilty of a
hors. s, and was in the habit of entertaining much corn- species of fraud for the purpose of obtaining money, or of
patty. II" had always been in debt. lie carver hail above potprinine payment : and amongst other frauds, Ito has
1,11,1111., which he neetved from his father, sand some pro- actiedly leen gailty of what appears to me at this moment
peaty in right of his wife. As to the statutable otfinces, to lie a forgery. Whether this he to o.r not, there is :ample
they were very glaring. Of -,M large ere liters who had ceidence that the transactions in fpnation were gross
pr.4....1 for money lent, n. 4 row was cut -red in Ilia books. frauds ; anal I therefore hold that he is not entitled to his
Ip. gn :der portion of these we-re creditors for miney het certificate, and I refuse hum lan certificate altogether.
sinee ti.- disollution of the partnership. With Mr.
Skirving, of Liverpool, the bankrupt hail various trade
transanions, which were all entered in his ',oaks. In
Man-h, IS-30, he borrowed 500/. of that gentleman, and no
entry whatever woo made of that. A variety of other
items haii been dealt with in the same way ; and thus the
aeoigurie pad had no means whatever of cheaeing the
claims made on the estate. In 114.50 he hail two banking
accounts. For many years he had had one at the Bank of
England. R .cently he opened one with the Union )tank, ,
and virtually eloasel that with the Bank of England.
His aeoluut with the Union B4IIIC was virtually
eloreel in April but, there being a balance of
3/. to his amount. Ile was then very Inrialy in-
debted 011 hills, which were subsequently dishonoured.
When applying to Mr. Skirting, in June, 1819, fur the
loan of M4lO/., he represented that he wanted the money to
I pay out Mr. Metcalfe, his Lute partner ; whereas he hatl
risen him hills, on which Mr. Metcalfe lent since proved,
not relying may sum dawn. Mr. Shining lent him 8001.,
for which he gave a hill at three months. Ile could not
take it up wh, n due, hut sent Mr. Skirting a bill for 4301.
oni Mr. Itembill, a gontleman of known respectihility. Be- I
fire this hill wan due lie wrote to Mr. Skinning, tirsasing
for the substitution of a bill of his own, got back Reinhart.
hill on the pretence that it would not he met, 01111 then
paid it tumiother creditor. In June last, very shortly be-
fore the bankruptcy, he saw Mr. Skirting iii Landon, and
submitted to hint a statement of accounts, showing aline-
plus in his favour of 3,0001. or 4,0110/., with the slew to ob-
tain a further loan. lie declared himself Truly to swear to
this account before a mogiAtrate, and got a further sum
from Mr. Skirling. In less than six weeks he was a hank-
Slot, lowing 20,000/., with a gletiCivney lot some time past of
11,901. So late as the 29th ofJune he had indwell Mr.Ceaden
with whom he had haiku., review transattiom, to exchange
cheques with hint for 3410/.; Mr. Gimlet giving him his
cheque on the Saturday, and the bankrupt drawing one for
M lay, au the Bank. of England, where him ,41.4.111/lit was
actually overdrawn WI.
The Commissioner-That was indeed buying fleC01:111110-
Idiom dearly.
Mr. Malaita said that Mr. (laden hail never obtained a
farthing of the money. It was necessary these transactions
should be exposed, for the sake of putting the public on
their guard against pea-eons who went :about raising money,
on a pretence of great honesty and upriahtness. A Mr.
White had haul considerable dealings with the bankrupt,
for wham he head wee-pt.-el accommodation bills, having
signed the acceptances is blank. This person had accepted
some hills as a wedsinan, near Exeter, others as a seeds-
man near Manchester, both which de,criptions were false;
and all these bills Wad tarn proved against the estate.
These were not the worst of the charges against the bank-
nipt ; and when they were proved, his Hamm- would he
meted whether this was not a proper fal4, to Ile taken he
a criminal court. In :Militant to the above, several
dioetinet rases of forgery would he established.
His Honour did not think it would be necessary to enter
into thew more serious charges. Those already staled were
sufficient on which to ask the court whether such • person
was lit to have a certificate at all or nut. Themse of cheque
and counter-cheque with Mr. Golden was very little short
of robbery. Many an uneducated boy had been scat to the
other side of the globe for less criminal acts.
Mr. llollams NAill the case of Mr. Nash, of Tooley-street,
was one of the m st serious autaiwa the bankrupt. In April,
1319, the bankrupt went to Mr. Nash, represented that he
had agreed to purchase *ante property ut Maidstone. and
wanted MO/. to complete the purchase. Mr. Nash lent the
.500/. The- statement turned out to be utterly untrue. Af-
terwards he prevailed on Mr. Nash to take a bill of Mr.
Mendell'. fur 493/. in payment, and gave a cheque for the
difference. That bill was a forgery. When it was due the
hankrupt got Mr. Nash to take one of Mr. Skirving's in-
stead;
which was also a forgery. That bill was for
41W. On its maturity, the bankrupt desired it to be held
over, on the representation that Mr. Starving was
not able to pay it, and had wit him some tares instead.
Mr. Nash held the bill over a month, and the
bankrupt then got it exchanged for two other bills, on Mr.
Maude, of Bristol, and Mr. Potter, of Newport, one for .
231/., the utha-n for 29.51. Both these were forgeries; they
were due in January last. While they were running, wine ,
December, in -cember, the bankrupt went to Mr. Nash, and I
got a further loan of 250/., without any security. In
January, Potter's eyed Maule's hills having been noted for
protest, he offered a bill on his brother-in-law, Mr. Bad-
man, for 497/., payable at Messrs. Lubbock and Co.'s.
When this hill was due Mr. Nash was induced to give
time ; and it was only at the bankruptcy that this and the
other bills were discovered to be forgeries. Mr. Nash hail
been thus defrauded out of 7501.' by a series of forgeries
and fraudulent representations, for not a single fact stated
by the bankrupt had been true.
The Commissioner-I don't wonder at the bankrupt not
being here. The wonder is be hes nut been proceeded
against elsewhere.
Mr. Ilullams said that Mr. Noah had not any of the bills
except that on Mr. Badman; and he had been led by the
bankrupt to believe that letters had pawed between Mr.
Heilman and him which authorised him in giving that bill.
Mr. Skireing, seed merchant, of Liverpool, deposed that,
on the faith of a reprrisentation contained in a letter from
the bankrupt of the 7th of Jane, 1849, be had advanced
him 8001., partly on his own acceptance, and partly on a
bill of Mr. Gregory's. This was exchanged when due for
an acceptance purporting to be Mr. Renaalles, which was
also withdrawn before it Wall due. and substituted by an ac-
ceptance of the bankrupt's. This was dishonoured when
due. Ile saw the bankrupt in London in June last. Be
I then wanted a further advance of 1,000 i., and produced a
statement of account showing that his debts were about
2,700/.' and that between ~000/. and 8.000/. was due to
him. Upon the faith of that representation witness ad-
vanced him 5001. Ile said he should be stopped next day
if he had not the money.
Mr. Oaden, merchant, of Mark-lane, deposed that on
Saturday, the 29th of June late the bankrupt called on
him awl asked fur the loan of 3501. till Monday alleging
that he had been disappointed in a remittance' fronahis
traveller that morning. Witness gave him a cheque fur
350!., and he gave a counter-cheque, dated Monday,
on the Bank of England, for,r,..tlinetsaz
'Ble amount.
oen N%Whase n et nhote:
bankrupt's check wasp
efforts." He was bankrupt three weeks afterwards. That
wwtheC ss B their first
ainudnelr"-ttr, did vioollU The ommi take no step upon that'
Mr. Halloo:a-Oh, yet ; Mr. (laden sued the bankrupt.
Thenature is notpunhabl u
Commissioner-But
ni ie
it
tnPwmider the criminal law
that
r a trumeti
°a
of
this
Mr. Hollams-I am afraid not.
dawrilibeltyCsorimplaii:ch people which h:ccdkeanmen:olhabectiels!spineLe map
r IY
hP)rleißonbeeyi.tbehlefl
ainkill 'WWI =MY this ought to be. You sued him; but
OM am so use, atom* 1
XT. Hallasa-Na.

HART V. BELADIWILV AND EVANS.

.......
To TOR EDITOR OF THE " EXPItElki." —SIn In
your report of the trial concerning I'.weh at the Lewes
Assizes you arc in error in stating that the jury returned
a general verdict for the plaintiff. They found " not
guilty" (our own plea) in reference to the two last counts.
That the alleged libel referred to in the lint count must be
consideml so in law was not denied by us.—Yours,
IlaAusiatt and livss a.—Bouverie-strevt, March 13.

ASSIZE INTELLIGENCE.
HOME CIRCI;ii.—LEwm, Kutcn 13.
C.., —llll.lKitt 'Me Leto (amp Jane,.
At the conclusion of the trial of the rckfield burglars
last night, Edward Isaacs, 29, another of the same gang,
wit indicted Mr a burglary at Ilayward's Ileatlt. There
was alto a charge against him and Breaks, of having felo•
niously assaulted a police-constable, with intent to prevent
the apprehension of the latter prisoner. Mr. Johnson pro-
secuted.
The approver, Ifamilton, was again examined as a wit-
ness, and the charge of burglary was clearly established
by his evidence and by independent corroborative testimony.
'f he jury found the prisoner Guilty, and a previous con-
viction for felony being proved against him, he ISM sen-
tenced to be transportedfor life.

BUSIAiLAI!IT.

James Gulrer, alms Bdlf, Efizesooth Hawes, James Es-
wards, 50, and Mary Edwards, 50, his wife, were this
taunting placed at the bar, the first mentioned prisoner
being charged with a burglary in the dwelling-house of
Thomas Baker at Rothertichl • and the others with re-
ceiving the properly stolen, well knowing it to have been
stolen. Mr. Johnson again appeared for the prosecution.
The evidence of feloniously receiving the property was
clearly established, and it appeared that the prisoner Howes
war the sister of Brooks, who was convicted on Wednesday
of the Crktield burglary, and that this prisoner was the
nephew of the Edwardses, and the exigence of a most vx
tensive system of plunder appeared to be established. It
would seem that most of the men were occupied as
hawkers travelling about the country, and they were occu-
pied. under the cover of this apparently holing ot•eupatiou,
obtaining information of the &west that were the least
protected, and the most likely to afford plunder; and when
the robberies were committed, places of concealment for
the stolen property were provided by other members of the
gang.
Thu jury found James Edwards, Bowes, and Oulver
Guilty of receiving, and Acyailled Mary Edwards, upon
the gruuud. that she had acted under the intim:me of her
husband.
Thu learned Judge sentenced Oulver anti Howes to be
transported fur 14 years, and James Edwards was ordered
to be imprisoned and kept to hard labour fur two years.
Mr. Johnson said that there were several other charges
of burglary contained in separate indictments, but as thei
whole of the prisoners were now convicted he did not think
it advisable to occupy the time of the public by proceeding
with them.
The Lord Chief Justice sanctioned the course suggested,
and he at the same time observed that he thought it right
to state that the learned counsel for the prosecution had
conducted the cases with great clearness, firmness, and in-
telligence, and that himself and the country were much
indebted to him for the ability he had displayed. His lord-
ship then said that he hoped the example that had been
made at these assizes of the parties guilty of such outrages
would deter others from following the smile courses, as they
must be aware that it was clear they could not escape
severe punishment if they persevered. The whole county
had beet kept in a state of alarm by these occurrences, and
by did nut wonder that people had actually been afraid to
go to their beds. The police appeared to lave acted with
very great zeal and intelligence, and he thought it right to
order them a reward fur their activity and goad behaviour.
(The amount was not stated.)
One or two other eases were subsequently disposed of, and
Lis closed the business of the Sussex assizes.

OXFOltll ClllCUlT.—SrAyroito,tont 13.
Hwaa Ma. Parma TALINNIZA
POIDONINO CAO Z.
The grand jury hare ignored hills against Inn Chadwick
and Ann Tanniclife, mother and daughter, for poisoning
their relative, in the neighbourhood of Leake, in the month
of February, 1850. The husband of the prisuntr was tried
and found guilty of the offence at the Summer Assists of
last year, but the sentence wan subsequently commuted to
tran,portation fur life, on the representation of Mr. Justice
Williams, that there was no proof of the prisoner's having
absolutely administered the poison, although there was nu
doubt of his having been present at the time when it was

WESTERNCIRCUIT.—SAusavar, MARCII 12.

Cams Cromr.—Baroas Ink Law Cater eLtuk.
•

Rotoert &apt, horn, whose trial was reported in our paper
of Weanc*day, pleaded guilty to a second indictment tor
night pooling, and was sentenced to as months' imprison-
ment with hard labour, and to one day's imprisonment on
the former conviction.
FALLIDILITT OF CIIICVNISTINTTAL EVIDENCE.

In the case of burglary at Liddiard Millicent, where such
gallant resistance was offered by the female occupant of the
premises, another prisoner from the same neighbourhood,
convicted at these assizes of haling stolen on ass, &c., has
confessed that he was the party who committed the offence,
and has afforded such corroborative proofs of his as
that his lordship has, we hear, considered the alibi adduced
at the prisoner s trial as perfectly established, and has
not, therefore, passed any sentence upon him.
The criminal business terminated this evening, a number
of prisoners baring been tried before Mr. Greenwood, Q.C.,
in a third court.

Mr. Baron Martin was occupied till a late hour on the
nisi pries side, with the trial of a case relative to a disputed
right of way, which has oicupied two days, but has no fea-
ture of interest out of the locality. The business in this
court will terminate to-morrow (Thursday), when their
lordships will proceed to Dorchester, to open the commis-
sion the same evening.

NORTHERN CIRCUIT.—YORK, MARCH 12.
CROWN Conn.—Bloom Ma. BARON Purr.
CONCEALMENT OF BIRTH AT NOSTUALLERTON.
Martha Jameson (out on bail) was charged with having
concealed the birth of a child, on the lith of December, at
Northallerton.
Guilty—To be imprisoned twelTe months with hard
labour.
INDICTMENT ron Palma?.
Aims Back 39, Pleaded guilty to perjury at Think, on