The Express.
London, England, 1853-01-08 00:00:00

THE EXPRESS, SATURDAY EVENING, JANUARY 8, 1853.

COURT OF BANKRUPos.TCYe s 43..zirrawAL
Boman He. Coannslio Lavas.
IN An WiNsTADLsT Amt. Soils.
This was the sertiicate nesting in the can of Edward
sod MegeOlisimp Winstanley, who had earned en busi-
One There was no o
ness es eitseetele, he the Poultry
opposition. r the firm of Win-
Oteney sin
Mr. Nabob" die (Akira assignee, reported that the
lomkru seen mead theirjoint balance-sheet with a
=id of pte 1192104 en lib Ist of January, 18.50, great part of
h wee winsie n. The amount owing to aneecured
creditors was 6,6111. ; the assets had produced 6,2221., after
Paying 7001. in full for rent and other charges ; 4,6461. of
the assets had been recovered within six weeks of the bank-
:tansy. The debts against the private estates were small;
sad if both estate* were realised, there would be more than
safileient to pay 20e. in the pound te all the joint and sepa-
rate creditors. The business which the bankrupts had
serried is had been in existence upwards of 100 years, and
for mare than 60 years it had been conducted by Mr. Bd.
ward Winstanley, the elder bankrupt.
Mr. Lawrence said he appeared for the assignees in this
ems. The younger bankrupt was unable to be present aa
enema of illness (of which there was • medial' certific),
sad his illness was so severe as to render it doubtful whet
be would be able to attend the court. The father, who
was pima% was extremely aged. He was instructed ea
behalf of the assignees, not only to offer no opposition but to
thecae in the prayer of the bankrupts, that first-class cer-
tificates might be gestated. The circum..tances of the case
were so meritorious, and at the same time so painful, that
be did not think it desirable farther to allude to them.
The Commissioner—It is quite a case in which I should
be disposed to accede to such a request.
Mr. Lawrence said tkat a large amount of property had
Mica delivered up; the estate had already paid 10se. in the
pound; a reserve had been made to meet contingencies;
end there wee no doubt that ultimately 20s. would be paid.
The greatest possible credit was due to both these gentle-
men for having of themselves suggested that the estate
should be distributed in bankruptcy, for the purpose of
meeting a clue of eases arising out of the misapplication of
trout jande by the decessed gentleman. The bankrupts
wore shisses of groat sympathy to all who knew them.
The Commisoloast—lin this case I am only restrained
hem Oa, over the facts in detail, because many of those
fasts we se palatal that I might, perhaps, inflict a wound
is quarters where I should certainly wish to do the very
oppesite—that is, to express every possible smpsthy sad
kindly feeling towards these gentlemen. This is really
one of the very few eases that occur, where the fallen
has arisen wholly from misfortunes
which the bankrupt,
could not foresee or prevent. The father being of ad-
vanced age, and the other bankrupt acting as traveller to
the concern, and being also in bad health, the active ma-
nagement of the business devolved on the deceased gentle-
man, who unfortunately abused the trust reposed in him.
I will aot go into the case further than to say that these
two gentlemen seem to deserve the sympathy which they
experience from the creditors; they are quite to the first
rank as to probity and integrity ; they have done nothing
to tinge or colour the high reputation which they bear ;
and lam sure that everybody feels for them. Ido so. I
share with the creditors in their feeling towards them. I
have the greatest pleasure is awarding them °Wilkens of
the first
Its as Aariouas.
This was the meeting for choice of assignees in the SIND
of Jules Artigues, described as a general mocha" of
Mark-lane. The court was crowded with creditors, sad •
number of professional gentlemen, including Mr. Lawns"
Mr. Linklater, and Messrs. Bristow and Tarrant. were ta-
med in the eau. From a preliminary statement of affairs,
compiled by Messrs. Hart Brothers, of George-yard, who
are engaged in the preparation of the voluminous accounts,
it appears that the bankrupt's liabilities amount to 16,0001.;
the wets are expected to realise about 1,6001.
The bankrupt was examined touching a representation
which he was alleged to have made as to his property. Ho
stated that he had married about six months ago, but did
not then cans* himself to be represented as having got
8,0001. with his wife. He had at that time property worth
1,4001.
Mr. Lawrence, on behalf of several foreign creditors,
asked that the choice should be adjourned, as they had not
yet had time to prepare their proofs.
His Honour concurred in the propriety of an adjourn
meat on this ground. Formerly there was a preliminary
meeting of creditors in tech cue, before the meeting for
the choice • and he thought it a disadvantage that that
meeting should have been done away with.
The meeting was adjourned until the 31st inst.
Is MA BNADllllllT.—Canute Or • RUNAWAY
Bansiturr.
The baakrapt, A. Bradbury, w a eheessoraager, of
Holborn. He Led absconded Wen the henkrupteg, taking
with him above 2001. in mow sad goods. Ho liod goes to
Glasgow sad paid 901. for the perms of himself sad wife
to Australis by a vessel called thellnale Toss. Mr. Mambos,
the messenger of this court, was seat fa pursuits( **bask.
rapt, and west feat to the Isle of Wight sad sasearemb
Liverpool , when the sammasats of the teeth,' anew maw
tamed. The Hallo Tom, whoa a very abort time oat Ayes
Glasgow, was ovastelma by the Ms sews sesemotad,
being disinafted, wee impelled to pet WO the hashes of
Douglas, la the Ws of Man. The baakrapt task Wear
at a boarding-bow, and was time found sad captured by
the eeeeaassgger. About 1601. of the property was found in
him pmeesmee. He now came up to surrender under the
alijukientice.
Ha hussy said he had been guilty of a very improper
sad foolish est, but he hoped his future minuet would be
satielsetery to the creditors.
TAD Nsw BULLS AND 010115.
It may be well to remind professional gentlemen having
business at this court, that the new rules and orders come
into operation on Tuesday next, the 11th instant, and that
I all proceedings must be upon paper of uniform siso

INSOLVENT DEBTORS' COURT.—YEamDAT.
&wiz ma. °mimeos= Law.
IN in WILLIAM PAITCEIARD.—Ernuox
or Bence or Taosr.
This insolvent, • yang man who had been a clerk to a
West Indian house -la the City, applied to be discharged.
He was cweced by Mr. Cooke, on the part of Messrs.
Barron and Stevens (wading as 'Rathray end Company)
West Indian merchants, Clement's-lane. Mr. Sargood
succeed.
t was that the insolvent had committed a
gross hated breach of trust upon the opposing credi-
tors, to when Masted as clerk, under peculiar and aggra-
vating elimilleassa. It appeared that in October, 1851,
the iminet wee envied by Mr. Rathray, the manager
of the Maillinneak se bookkeeper and clerk. His salary
was 120 i. a year. In February last it was discovered that
his defalcations amounted be 1621, chiefly owing to non-
lanes la the sash-bosh ef thew he MA received. The
indent append tithe demean ens keen, and he was
net peseersled, but Bus ea angenset aid warrant of at-
torney, sod seder the samier the lificiemey wee paid. Me
wee esetkaied is the envies is the sem sins in
Onsher hat bis habits win inegeler,sadeolies was given
to hiss be heave. Mr. Ong, as accountant, was
Be through the beaks, mid another
Virlaa rges &Mann wee discovered. He was then
called in, and be said, " You cannot make • crimi-
nal pimp bonen yes condoned the other." He ad-
mitted a dubbiellen to 1001., and subsequently it was m-
arten= be amuse In gill. He gave another warn= of
=tansy se hits tanker*, and 1181. had hen
leaving esishasy Mi., and he had ben arrests=
was sow is Widemessotreet Prison at the salt of Kean.
Buren sail /levees. The mode adopted by the lassies=
in his mend ilseintioa was to falsify some of the mown
sent in, end rpt snipes he the money, and when the
cheques wen psH te the parties to get the balance as if
had paid in a mistake. In two cases he presented the
=coma= and got double cheques. He had lived at the
rate of 8601. • year.
Mr. Cooke submitted that the evidence showed a very
bad case of breach of trust, and as such he prayed the court
to deal with it.
Mr. Bargood admitted the fraud committed, but urged a
oondontioa is the taking of the warrant of attorney by
which that which had been • breach of trust was con-
verted into a debt.
Mr. Commissioner Law gave judgment that the =-
advent should be (Recharged when he had been in
custody for 16 months from the vesting order in December,
V by fraudulently contracting the debt with Mesas. Barra;
and Stevens bye breach of trust.
The case was not concluded till 6 o'clock.

LY CA 111

CENTRAL CRIMINAL COURT.

OLD COURT.—YESTUDAT.
Booms Ms. Janus TA:Jovial.

Thomas Tearoom!, 16, Joseph Sasaiders. 31, Archibald
Id' Kendrick, 19, RIMING Wilson, 19, and Catharine Watts,
16, were indicted for • burglary in the dwelling-house of
Samuel James Wood, and stealing a guantity of gold and
silver watches, and other articles of jewellery, valued at
1701., his property.
In other counts, 'the prisoners were charged with the
robbery sod with having afterwards broken out of the pre-
mises; and there were also counts charging them with
feloniously receiving the property, knowing it to have been
stoles.
This ease occupied the court for several hours and a great
number of witnesses were examined on behalf of the pro-
secution. It appears that the prosecutor carries on the
basinew of a pawnbroker, at No. 93, High Holborn, and
that the robbery in question took place on the night of the
23rd of November. A police-constable, named Serjeant,
was pandas the house, in the coarse of his duty, at
half-past eleven o'clock, and when he went by
a second time, about an hour afterwards, he
found the front door open, and upon his raising an alarm,
it was found that the jewellery cases in the shop had been
opened, and that seventeen silver watches, five gold ones,
• diamond ring of considerable value, a sapphire ring, and
sixty gold wedding rings, and other articles, had been
stoles. It appeared pretty plain from the examination of
the premises by the police that there had been no forcible
entry nor indeed one of any description from the exterior,
and it was inferred that some one or more persons must
have contrived to conceal themselves upon the premises,
and that by that moans the robbery had been committed.
Inspector Brennan, a very useful and active officer, who
was complimented in the coarse of the cue both by the
learned counsel for the prosention and the court for the
tact he had exhibited in the matter, was engaged to en-
deavour to detect the perpetrators of the robbery, and in
the result the whole of the five prisoners were taken into
custody. Having assertainedshops that some data stolen property
had beat at tbe at lir. , a pawn-
kaki/ Wswea•Weet, rail Hans is Oid-strest,

he made the nensessry inquiries as to the parties by whom
the property was pledged, and he at length took the pri-
soner Wilson, Watts, and IP Kendrick into custody, and
against them it was proved that within two days of the
burglary these prisoners had been found dealing with three
of the watches and a wedding ring, a portion of the pro-
, perty stolen from the shop of the prosecutor, and upon
their being questioned they at first denied the fact, and
at length, being compelled to admit that they had pawned
the articles, they gave • very improbable account indeed
of the manner in which they . came into their possession ;
and so far as these three prisoners were concerned, one
portion of the charge—that of being in possession of pro-
perty which they were well aware was dishonestly come
by—was clearly established. With regard to the other
two prisoners, Penfound and Saunders, it was shown that
the former was taken into custody by • constable named
Garrett, and upon his telling him that he was charged
with being concerned in committing a burglary at a pawn
broker's in Holborn, he at once said he would tell him all
about it, and, although the constable cautioned him that
what he s iid would be given in evidence against him, he
persisted in making a statement, observing that he might
aa well tell the constable as any one else. His statement
was to the effect that about four o'clock in the afternoon on
the day the robbery was committed he was standing near
the prosecutor's shop when he saw three men waiting about,
and from their manner he was induced to watch them, and
while he was doing so one of the men came up to him and told
him to go about his business. He said he told the men he should
not go until he liked ; but in consequence of a fire breaking
out in the neighbourhood about the time, he did go away
for • short period, and then returned to the spot, and saw
the same men and also a cabman, who appeared to have
lied them. When they law him, the same man who had
spoken to him cams up and said, "We are going to
do a job at the pawnbroker's to night, and if you ' keep it
dark,' we'll give you some of the property." He said that
he continued to wait about, and saw the door opened, and
two men went in, and in a short time he observed one of the
men at an upstairs window. The men all came out together,
and they gave him fourteen rings, • gold watch, a silver
watch, and a pocket-book as his share, and asked him if he
was setirfied; and he said that he immediately went to a beer
disp is Worship-street, where he gave the property to the
Ismalord to take care of for him. In consequence of
this statement, Brennan proceeded to the beer shop
referred to, which was kept by the prisoner Saunders, and
his informing him that he bad come to look for some
and other jewellery that were in his possession, he
he had no such things in his house, but upon the officer
telling him that he should make • search, be addressed his
wife and said that she knew where the things were as well
as he did, and that she had better give them to the °Meer.
The wife then west upstairs, accompanied by Breams. OM
put her hand up a chimney, from whence she pulled dew
an old stocking, which on being examined was found to
contain a gold watch, • signet ring, fifteen wedding rings,
and a pocket book., which turned out to be • portion of the
stolen property. When the discovery was made Saunders
exclaimed, " 1 wish I had never had them from him," and
I upon Brennan asking him who he referred to, he said that
a man, who was a stranger to him, and had only slept at
his house one night, had given him the property.
It turned out that Penfound was the person he
referred to, and from the evidence of the shop
man there appeared to be very little doubt that
this prisoner, who is a lad of diminutive sta-
ters, had taken an opportunity while the thopenan was en-
gaged la putting up the shutters on the night of the rob-
bery to steal unobserved into the shop, and that he had
secreted himself behind some packages that were at the
farther end of it until all was quiet, and that he then let
Is the other parties who were concerned in the robbery.
The learned judge having summed up the whole of the
evidence with great care and impartiality, pointing out the
different portions that applied to each of the parties ac-
cessed, the jury after • very short deliberation returned
Heir verdict finding the prisoner Peufound guilty of bur-
ibsy, 'Kendrick, Wilson, and Watts guilty of feloniously
iessiving the property, aniacquitted Saunders.
His lordship then eenteneed Penfound to be transported
for fifteen years, and the other three for seven years each.
This case concluded the business of the session, and the
'mut adjourned to Monday, January 31.