The Express.
London, England, 1851-11-17 00:00:00

4

Odd. The trial resulted in her acquittal, end oho brought
Um action against the defendant, Sergeant West, of the me-
tregoltian race, who took ponession of the money.
Appbateau was mode to Mr. Boron Martin byho time Mr. Rem-
Oren the attorney for the defendant, thot t for
gientling .hould be enlarged.
Mr. Boron Martin thought that four days were sufficient,
and made as *Mat actordiagly.

PREROGATIVE COURT.—SATURDAT.
ti. J. her.
Boors e. HIS MAJZITY'S Pi/ACM..I2OSX ZNIIIAL.
This ww • testamentary muse. The deceased Sarah
Smith, a spinster, dud on the 24th October, Me, at Holy-
rood-nlaw, Chelsea, leaving a will, dated a few months
before her dsath, under which a Mr. Smith was appointed
ads executor.
The case had not concluded whoa the learned Judge rose.

COURT OF BANKRUPTCY.--SATURDAY.
Boma Mo. Collainoon• lens.
IN at MtiODY.—JCDOMINT.
His Honour end the bankrupt applied for his certificate,
sad was opposed by only on creator, Mr. Hemp. The
miss was • singular one. The bankrupt had carried oa
bethaess eumeafully for many years as a pork butcher in
Gaiseen.faegl, had gradually accumulated money, which he
bad laid out to considerable advantage in building societies,
boa societies, fic. Had he confined himself to his regular
lowness be would hare continued to Nourish, for even his
met trade debts were only 6671., and his assets
demisted of 7701. in good debts, and other property
to the amount of 7751. lit:fortunately foe him,
sad probably some boasts as to the products of the
investment he had made, induced a friend of his, a retired
stock-broker, to offer to advance him 4.0001. at 71 per cent.
interest, 3 to be paid regularly, sad 21 to accumulate, which
be accepted, an I that had led him more into speculations
not connected with his business, and ultimately to the
railway ihare-market. About May, 1449, he had Mamas
acquainted with Mr. Hanop, who lent him (
4001. on the security of some shares in the Nor=
Loan ats I Discount Society. In June Mr. Herron demised
8001. more ; ia J oiy, 1,0001. • in October, 1,0011/. ; and in
the following year, other small ISIS amounting to 4201.
With these sums the bankrupt speculated in the share-
market, and the result was, that in June last he became •
bankrupt. Mr. Harrop's ground of opposition was, the
bankrupt had drawn him to advance the sums in ques-
tion, by telling him that they were to have been
kneeled us loan and building societies, soil that, notwith-
standing that, he had used them for his share speculations
without the sanction or even knowledge of Harrop. The
bankrupt stated that although the first 4001. was advanced
ea the security of his interest in the loan society, and it
was advanced at 71 per cent., he was at liberty to use the
posy as he pleased, and that several of the subsequent
actuates were made for the purposes of meeting loam on
share transactions. Ile (the commissioner) had no doubt
that the bankrupt's statement was the true one. Ile had
committed great fault in engaging in the share specu-
lations, but there was no reason to believe that
be was capable of stating that which was false.
His statement throughout had been characterised
by candour sad truth. lie had attempted to disguise
Of palliate his offence. and he described himself as basing
bees, since April, 1110, almost beside himself, because the
railway market was so depressed Ile said, .•
lieu all along I was speculating in the chair market.
ohm saw my books, often talked about them, was with me
three or four nights a week, and went on several occasions
to my bruiser, soul was in the contoularroom whoa so one
else was present, and heard us talk." Marrop haled that
le knew anything about the speculatisagebut white be came
to be crormeamaised, he was gradweig ohjigai to admit
that he did, and on one occasion, thee 11$ to
avoid admitting that he knew that an Ulmer thorapt
had had was caused by distrees of mind at his Isms% ho see
Meted that the bankrupt had always told kiss be wan
making stoney by railways, thus admitting mantas
that he was cognisant of the share transactions. ta,n&
any doubt could have been entertained on that pond, it
would have been removed by the evidence of Hemp's
sih, whom he produced to support hi, case; for she,when
eroareamoined, sent the bankrupt often talked of railway
*hares; hi. het 1 was lull of uothi else. On the whole,
be bed not the least doubt that Herron knew perfectly
well the use of what was being made of his money. The
ground, therefore, of opposition, that the money was
professedly borrowed for a totally different pur-
pose, fell to the ground. The other creditors offered
an apposition, sod would, he believed, give their consent to
an immediate certificate, bat his public duty forbid him to
mare& that. The least punishment he could indict was •
year's suspension, dating from the bankruptcy, but the
bankrupt would be protected from arrest.
Is use Jaw. 11UNT.—JUDUNSIT.
The bankrupt was a draper, of the ledgewasmroad.
Hu Houour said this was Imo an application for certifi-
cate, bas' the bankrupt was opposed by all his trade credi-
tors on four grounds • —Yiritly, that ho ought to have
stopped *ounce ; secondly, that he had made false repmen-
tallow as the Mate of his affairs; thirdly, that he had
pledged goods to the amount of 7,0001. and upwards
shortly before his bankruptcy, at a high rate of
interest, without any chance of redemption ; and
fourthly, that he had sold his goods by forced
sales at a too of 1,0001. in 6,0001. shortly before his bank-
roptey. He regretted to say that all the grounds of objec-
tion were established. it appeared that prior to 1817
the bankrupt had been in partnership with one Whatley,
and in August of that year he woo compelled to call his cre-
ditors together. ila "mete showed, as he stated, Its. in the
posed upon debts amounting to about 28,0001. ; his account-
ant, however, advised him to off •r 12,., which he did, but
when • committee of Is's creditors assembled they unani.
newly matelot' that nut less than 13e. 4d. should be se-
cepteil, twin, however, the unsatisfactory reason that,
although he had nut been guilty of dishonesty,
his eapenditore was reckless ; as if reckless expenditure
would enable • man to pay • larger dividend. The
bsskrupt, however, weakly yielded, and that sowed the
reed of hi. risen% insolvency. This concession it was his
(the canimiesiouerN) public duty hecondenin in the strongest
way. It was his opinion that the act of an insolvent in
purchasing a secret, a hole a corner settlement of his
affairs by undertaking to pay one farthing more than his
assets were valued at, was nothing short of robbing a new
body of creditore to overpay an old, and he wished this
baakrust and all other persons who might be in • similar
situation to under.tand that whenever such a case was
brought before him, he should look upon it an conduct
deserving the strongest reprobation. The course an
insolvent ought to pursue when he found him-
self unable to meet his engagements was to place
himself and his books in the hands of him creditors,
sad to challenge the fullest investigation, and in the
emelt to offer the largest amount of dividend he could
loseetly pay, and if that offer was rejected, instantly throw
hismelfon the prineetiou of the court. The result of his
weak yieldhig had been that, having 1.5,0001. to pay
21,000 f ,he hod commenced his commercial career afresh
with • balance against him of 6,0001. in money, and the stir
credit of insole, hey. The natural result was his present
bankruptcy. next false:Step was that he had issued
written balance sheet, misrepresenting the state of his
straits year after year up to December, 18.50. The excuse
offered was that the statements were made fur the informa-
tion of • Mr. Carlisle, who bud lint him 4,000/., purchasing
an option to introduce • relative into the business if he
thought fit, and he ,aid that those accounts were framed not
ea nitwit for the purpose of showing his exact state
as to show Mr. Carlisle whether it was improving, and that
being the object, lie assumed originally as the basis of his
calculatiun the valuation his creditors had adopted, and be
had continued it throughout, that the account, might be
cousist•nt But the answer to this was, that he actually
encouraged, or tacitly sanctioned, Mr. Carlisle going to the
principal wholesale dealers, of whom he was obtaining
goad, on credit, mid showing them these account, Ile
(the commissioner) could not look upon this as anything
short of wilful dee, ption. and a deception of • worse kind,
because it was so likely to dee, ivy. The next complaint
woe that be ought to have stopped sooner, and of that there
weld be no doubt. Ho had begun in 1949 sin thousand
pounds worse than nothing, and gradually got won.
rather than bitter, and in November, 18.111, had found
himself so pressed for stoney to meet his current
payments, that he had been compelled to pledge 6001.
worth of goods with Mr. Hart, of St. Mary•the
to raise 4701. In April,lB4l,he pledged 400/. worth of goods
in theism, way with another person, and in May and June
he pplkeddggeedd 2,000/. worth fur 1,050 e, 1,1001. worth fur 4901.,
and4,oool. worth fur 1,800/, and on all these loans he paid,
as be said, from 14 to 20 per cent. interest. Besides this he
had mode forced sales to the extent of 6,0001., at a loss of
1,410 W. between the let January and Bth May last; and
en the 4th *Mane be bed stopped payment. How, under
them eireemnsemses, arid the mutt do otherwise than
aquiver* is the view of the creditors, that he ought to have
stepped sooner' What ground of hope bad he of ultimate
emcee, beginning with a deficiency of 6 0001.. and making
sash 'monstrous sacrifices to stave off the day of reckoning?
beekiag, then, at his conduct in 16117, when he undertook
to overpay his existing creditors, which the court could never
mord ia any other light than as a payment of trust
mthey to an old existing body out of the pockets of a now
body of creditors; looking to his misatatemcnts to Mr.
thmliale an his sanctioning the showing those statements
to his other creditors; and looking to his extravagant loans
mad forted salvo in Dill, on the very eve of bankruptcy, the
omit could not do less, to mark its reprobation of this con-
duet, than poitonne hie certificate fur two years from the
date of the bankruptcy : but protection would be given.
Dam due bathe bankrupt to say that his assets had realieel
upwards of 8,0 Of. in Await last, that other assets had been
received, and that hi, debts were somewhat Ica than what
he owed ia 1847. flit books appeared to have beenacew
rattly kept.
INSOLVENT DEBTORS COURT.—SAITBDAIN
Woos Ma, Caissons Pilaus
IN TN. MATTIS Or JOHN WILLIS& Peahen.—bio
DICTMONTS roa PILICIT, CODER, LOOM Casrsoat.le
Now Arr.
This insolvent, who was a dealer in jewellery, Le., at
189, OefordaUeet, and salesman Wagtails and china dealer,
applied under the Protects@ Art.
Niebob opposed tee a creditor named Kelly.
TIN insolvent bad be esseerned in some bill transac-
tions, as. of which was held by the opposing creditor, and
had bees drawn by a perms named Shaw, and accepted by
the heeivest for hi, own accommodation. The insolvent's
debts!. Mao schedule were 2491., and he denied that he
owed the Ki.iiineere' Mutual Insurance Company any
menep.
hr. Conuaitaioner Phillip., referring to the schedule,
mid he perceived thin were debts which bad bees con-
trasted without reasonable or probable expectations of pay-
ment.
• tabor, named Reieholoser, in Red Lim-stria, was
ONIMMEmod. He settadosa sail, that ths hiseirsat said him