The Express.
London, England, 1856-10-07 00:00:00

Kato Inttiligtnct.

COURT OF

assess ■b

IN AN

r.-OCT. 6.

BY OILDZ/ Or TEN

The bankrupt was a ;moor, is Bioko/. orate-street The
fallen occurred about a twelvemonth ego; and, at the tier.
Hiatt' meeting in Mareh het, his Honour directed the
bankrupt to be indicted on • charge of removing or Goa-
lesaline a portion of his property. He was tried at the
Central Criminal Court in Jug, sad the result was an
acquittaL
This was the adjourned certificate meetiag. The bankrupt
owes to unsecured creditors 1,1261, on which a dividend of
Is. 44 is the pound has been paid.
Mr. Rollins& appeared for the soignee*, and Mr. Law-
' raw for the bankrupt.
Hie Honour 'aid there wine one or two points connected
with this cam on which b. wished to make • few remarks.
This was a case to which the court bad been applied to to
order a proweatios to be instituted, under the powers
! granted to it by the lest act of parliament. That presets-
ties accirdiogly took place; and the man was aimaittet. A
statement had shoo been made by the leaned judge (Cele.
ridge) who presided on the trial, teaching the
of a bankrupt being given in evidence against him, which
appeared to be founded on • total misapprehension of the
facts. No doubt the learned judge bad spoken from infer-
matioa gives to him; but that inlormation was wholly in-
augurate, and did not warrant the remarks he had med..
In this ram the bankrupt, as appeared by the
proceedings, bed abundantly aosfeseed the foot which
led to hie indictment. He bad stated it ; and it
was on the proceedings la the latter part of his ezaminalkta.
That examination was ant tendered la evidence, bat it wee
mentioned ; and the learned judge declined to receive it, as
he 'aid, spoilt the ground that the examination had taken
place without the presence of either eosimissioter or regis-
trar. flappeeitig the fact to to me, the I d ledge had
very properly said that an examination so taken ought not
to be used spinet • bankrupt; and he was quite right. Bat
he had been totally misiafdriaed rto the hot. He (the
mmassiseionet) did not rely upon hie own memory, those k
there was something so peculiar in the case that the air-
euntstaeces were perfectly fresh is his recollection. The
cam was remarkable in this respect; the man began
by denying all that was imputed to him, and then
suddenly tamed round, changed his Use, and ad-
mitted the whole fail. But It was a total mis-
statement that the eitansinaticm was tatters in a private
room, without the presenceof either ociensissiseer or
registrar. It took star la the epos wart; he remembered
It pierftely well. It was true he was not is court at the
latter part of the examination, but the registrar, who wee
authorised law to act in certain eases la the ahem* of
the semmfseieaer. wee in court, sad questioned the mem
very =Mutely. He (the commie/toast) afterwards iaterro-
pted the bankrupt whether he meat to say what he did.
He waisted in saying that he did ; and the
was sigeed in the erdinary mune. Whoever infer". martd
learned jadp that thee:mastitis was taken in private had
made an utter min-statemest of the feet On this ground
the etamisadon was net admitted is evidence, end be (the
ocismaimioaer) was not sorry for that, for he coneuned in
the view which Mr. Justice Coleridge took of the case,
though be differed from the other judges, holed-
log the Lord Chief Justice. Formerly it was held
that • bankrupt war boost to answer every qua-'
do put to him which was necessary for the
fall disclaim of his estate and effects. Lord Eldon bad
frequently said, "If it is absolutely necessary to the dial/0-
sure of his estate and effects, he mut answer the quietism,
though he puts a rope round his own neck." Still, he
thought 'intim Coleridge's view of the eon was the better
one; and it was remarkable that in tide very ems be bed •
said to Use lase, ma he did to meet bankrupt., " Ton bed •
better make • Giese breast of it mad Pall the truth, " and
had remarked to Mr. Lemma ea the diScsity and
apparest lattendetesey of using a bankrupt to toll the
truth, and then directs, a predesation against hint,
by the law of the land, if a temeeside and the smallest in-
ducement to a man to cosfem, eseh emedsedet teas occluded
from the evidence ae a mattes viscose. It appmeed to be •
Martial anomaly in the law VIM lbsysbeal 'abort a bask'
rapt to tell the truth, red tel him that It would be better
for Waif he did so, sedates direst that the essaisatios se
got from him should bodied la oxidises sgalnst him. The
fact that this eaWaslita was taken la °pea court was
poeitively imarebesuml by Mr. Winslow, the registrar, and
the eximiasets ems Ngsed ia his Honour's prance.
Mr. Dellseem—l Oa not aware where your Honour got
your infennelime as to what the judge said.
The Commissiener—l got it from the report of another
seas, where the same before the Coen of Criaiaal
Appeal ( of the Lard Chief Justice, Mr. Isaias
Erie, Mr. Jostles Mt Bares Bramwell, sad Mr.
Janice Willem) whether se set the examination of a beak-
rapt takes before the Costaimisew could be gives to oxi-
date' against him. Mr. Jostles Osisridge differed from
the other Judges, and gave his reasons for doing se is •
Issdnotes judgment, as he was sure to do. He said : "In
• ease which I tried the other day (alluding to this owe)
the bankrupt had boon itemised ; his examinstict• weal
expressly to the point, for he confessed what he was
charged with; bat, upon inquiry, it tutted oat that the see-
misatioa wee takes In a private mem, with neither the Qom-
miseiotor nor the ler/letter preemie"
Mr. Dollessa—l wee the witness who was exandaed in
reference to that eternisation. Nothing was said about the
registrar at all. I was asked whether the sommimirmas
was in the sours all the time, and I said he wee not.
The Coramitioner—ld you sot say the examiaation
was taken ii a private room ?
Mr. D011•1411—No; bat the evidence wan mixed up with
the speech of the learned costal for the bankrupt. He
made a very pretty spiels, desoribiag the interim of a bank-
rapt subjected to a strict examination le one of the rooms up
stein ben, end said be bad often blushed himself at the
questions he had bees obliged to pat to bankrupts ender
each eirourastaams.

The Gossierkeetr—Well, I would eat give a rush for lb.
loused eosawl'a blather. (Laughter.)
Mr. Dollsau—Nothing was said about the registrar. 1
wasesot asked.

The miner—Theo the learned judge has ben
shisforand by somebody else. He said that the esamina.
fioa took place in the private room, sad that neither the
c imealssioner soy the registrar was pretest. With retard
to the conduct of the prosecution In this case, a very ins-
paten question atieee as to cams la which a prosecution la
ordered by the mart, as to the mode in which they are
conducted, and whether reasonable ears is taken to ensure
the object of the prosecution, tamely, the coafietion of the
party implicated. For it would honed be idle, and worn
this Idle, if, whoa prosecutions were ordered by the mart,
they wore to be conducted so negligently, end with so little
refugees to ordinary rake, that the parties accused should
wan, sot epos the merits, but rpm some defect in the
mode of proceeding. It appears that upon this ex•
amiastioa being excluded, and upon totally erre-
noes grounds (for the learned judge said that
bat for that he should have admitted ft; he sums t be
aware that the registrar bee power to set for the commis-
sion, is the tame way es • ',dent or a Queen'scounsel may
sit for a Jodi. )—they pot kit) the boa two wittiness to
prove the fact, which they mild prove, of the removal of
the goods; bit they were both sosomplius; end under the'
lefieserst, I suppose, of that blosh of the leaned aliquot,
they broke dews. It was requisite that some tuft:nation
should be afford of what they stated ; and I am curt riled
that that 000llneatke, which was in mart, sod whisk
would ban been coaelasive, was not tendered. A clerk of
the of amigo's was mesect, to whom the bankrupt Dad
applied, after this cued:min, and said, "Now that I
have told the truth, it becomes unitary that I should alter
my asecruata noordiegly." And he was quite right. So he
went over his amounts, with the official amignees clerk,
tad shared them SIP as to cornered with what he had
diee'need is the latter part of his *lamination. Will
say maa tell me that that was not confirmation ? Yet the
sea was la wort, and the books ; and that cone:min
onllnnatioa eras sever tendered. The ruse went to the
Jury oe the testimony of these two witnesan, and they,
treating thus as aesumplicee, did not convict. Is that the
way in which such a proncution should be conducted ? I
sheerly nick am.

Mr. Dollama—All the evidence wu in the briefs which
were to the souneel for t►e presecution.
The CuasniasM•er—Well, I think it was a very various
aurae to adopt, not to pyre in evidence that imp,. rapt
etwifinnatiow of the atateateat of the two accomplices. It le
better that • wrong sequittel should take place lima a
wrong evavictior, though I do not know that it 4 to la

Mr. Lawnse•—l eannot help thishiug that the fact of
the court havieg power to order rourcutsoaa is seal cases h
atteaded aith very groat be
The Coweissioaer—NA if parties are to be acquitted la
Ulla way.
Mr. Lawrarce—But it will still operate as a wholssioste
es:Atkin to others. Your Mosconi kaows that whets • tows fa
fairly lausched before • jury, sod the harm, counsel
thinks be has proved his ea e, be sosastiat.s leaves it rather
shoat, though he has abundant's' of seatirials, and the
omission is taken advantage of by the CAILIe I on the other
aids.

The Coramisalisoor—Willout 'estimator, @video.* I
should hate directed the jury just in the same way ; though
I here beard it said that convictiors ti blob treason
have taken plasm on the evidence of two SCCOMpliees.
Mr. Lawrence tali that, ander the eircum t tre.., he Ina
now ask Inc a eert.fieete, bet anly toy Coe of the 10. est iliac.
Mr. pollutes submitted that, thoech the man had been
acquitted au the criminal charge, be ought not to be allowed
to en foto trade again.
TheCommissioser —But after a .as has been acquitted by
a jury, se matte for what TOWN, Might he to be put is
i jeopardy again fer the same eases t Is he tot within the
priaciple " New. debit bin vezari pro /e.t.a& cam& t." In
theory it may be add that the modest of • can sea trader
is qe to • separate question; but I am iodised to adhere to
the former view. Is th• use of "Martin end Maisie," the
certificates were refused altogether; but weer afterwards
granted by the Lords ;lutists, bemires they had been ac-
quitted by a jury ea a pro...twins. In this cue, the bank-
rupt has bean acquitted by • jury, and he hull bees • long
thee out of hie cortlicate. When was the bankruptcy ?
Mr. Lewrenee—ln Aped, 1866.
Tt • Coasalesioner-1 weuid lather couider the point. I
West be klieg down a peettedebt latch would be dan-
gerous if I were cow to great the se rtificate.
Mr Millman submitted that the general trading of the
be kept was still open to the weesideratioa of thesauri.
In the course of sin menthe be had totalled upwaeds of
1,1001 of debt., and had only about 2001. of wets. By
borrowing mousy of some members of his family, to bad
cob' lased credit fora fictitious capi!aL

The Commiseloner—Ualeas yen have anything farther to
allege bat reeklesestso, I shall give biro a certificate of the
lowest mare—telling him that be is a most fortunate pence,
and is greatly irdebted to the learned counsel who con-
doned the promeation, sad who did not give that memo'
which be might bare area, mid which would infallibly
have convicted the bankrupt. I will therefore give him a
certificate of the ►owest Wass, eacsidering that for the other
pans of the cur, &shad from those for which the bank-
rupt has been prosecuted, a suspension of eighteen mouths
Is sufficient; and that period hu now elepeed since tLe
heekraptcy.
Kr. Doliman said that the assignees had no vindictive
feeling whatever to the matter.
Lawranes—l am quite sore of that.