The Express.
London, England, 1850-05-21 00:00:00

DAILY WEATHER TABLE.

TIIMADAT, MAT 21, 1860.
The State of the Weather at sash of the following Oases at
Nine o'clock yeaturday aterslig. The eta are
imaged la ceder el latitude'.

Comm et
Wiao.

Saw intelitgenct.
COURT OF BANK RU PTCY.—YuTriDAT.
Noma Ili Onessessisa pates.
IN it EDWARD TIIOIIAN DBL6I.III3.D.—Tha ITALIAN
Draw-rouse, Cursst-snanax.
It will be abases seedless es seen that this beskrept wee
the knob of the above sawed theatre, end a mambo of the
Arm et Omaha, DdslaN, and Co.. the breweee, fees wide
he naked with a sun of about 100,0001, It will be Ink
within the neellestion of our leaders that the beakrapt wee
to hare entered bite a hoed to pay the erediton 10a. is the
potted est of all Ware acquired property, apes whisk
so opposition w Wend, sad she tardiest* wee to
rrasd woe
ebees nested of a wiser elan, but he bed NM
to 011773 011 t the prensities, sad st-day was
and for the strtilleale mining, it beteg ens I.
the creditors to go low the whole of the facts of the ems. As
at the previous sittings the court was crowded with sealer
speetators, ioaluding ballet dancers, chant singers, Me. It
it sow some erns tenths since the bankrupt pond his
last esaminadoo and it nay therefore be seessery to re-
leant sons of ski priacipel rests of the bassos sheet, whisk
comprises 36 folk*, and slows a total of 145,1456 L
Mr. Cooke (with Mr. Lewis, Ely place, solicit.,) spewed
to support the bankrupt. sad Mr. Lawraate (with Mr.
lapin, j•int eolith°, to the flat) appeared to oppose.
Messrs. Basks sad Boss, Fish-street Hat the scenutiasta
enraged is the ease were again is atteadaise.
The inns are tine—
Fan Nov. 7, 1642, TO ii:LT 6,1149.
at. I • d.
To creditors
To goods applied and service' res
dered at the Italian Opera £11,626 II 10
Cask borrowed sad interest due
thereon
Sundry other debts 2,660 14 6
1133,337 16 6
3,037 10 0
2,934 6 4

evictions holding isratrity
Labllitiee
Includes Judgment sustained
agailnattas by Mr. A. Wader,
in respect M the tarnishing
manilas at Willow Bank, Pal
ham 2,703 6 2
Capital
Profits 14,164 6 1
Mims of profit remised from the
firm of Combo and 0w during
ths time I wee a partner
Mann on capital rimaired of Comae
and 00.
Ddlissnies la Omaha 206 3 6

By (=dry debtoriZOood
Ditto —Bad
Liabilities per contra

114,169 6 1
/149,616 S 6

Property
Ditto Ist the bands of a creditor
By today as estate at Willow Bank
entrtelplirra Sno at the Royal
lain= Ow* dimmed to Mr.
Dar r rarer issarity for ad-
nous sags by Mr
Car dopasited is thahasmis of Scott
rat On, the Wm. to perfect
the Me el the loyal Exchange
Ammar Oastssy to the bond
by theft
Bair WM
n less cm tin Ito* Italian
Ores sasoss4 r oder aroont,
inter of the Alsmonst,

; L i d.
$ 14
100 0 0

2,934 3 i
tiles to to awertalood
3,037 10 0
1030 3 I

960 13 9

670 0 0

iiijuisimilesefetisat—eisi—tO
bob. Os loner lea" trem
the=yot white he held
ny
i=est arrylog on
sewn the pee-
ler the 1543....„ ;6,783 1 9
Ida 1111111411/ 44,006 13 11
Emmett Ind ead incurred anon/
neon DO 34,662 3 10
Len mann 29.407 0 WI

Total expenses 81,355 19 4
Gift to Mr. A. Webster, en the 37th
ot Feb. 11147
LIMO upon the perlenammesof the
Brueels Operatie Caliper, ht
the y,a 1846 11,368 18 5
Admires mei@ to Mr. C. Mathews,
M mory on the Lyceum 2 brat»
Meths thessma et 1819, eopitat
emiratri. ethmithed la crow
11wigitter PAW= tenting
mg
Beaky Wm lemse 13,331 1 14
31,012 7 2
Hoosimeplagood personale:perm 2341 s 8 9
Dillinmee

TotaL l,

143,336 3 9

The capital account showed that rui the 7th of Nov., 1845,
the bankrupt bad to his credit in the books of Years. Combs
and Co. 100,0001. It also showed that he was entitled to
the revenion of a moiety of 12,0001., under the will of his
late father, valued at 3.0370.105.
To Marrs :-11148. 33.1491. Sa. Sd ; 1649.25,6141. 3s.
Ballet aoroautt :-18411, 6,1051. 16e. ed. ; 1849, 2,5261. 6.. 6d.
Orchestra account :-1844, 10,0484 10e. 6d.; 1849, 3,8961. 174 9d.
Heat:-1946, 4,41421. be.; 1649, 7741. 19a. Ild.
To house dirbareaserat 1646, 14,5261. ISs. 11d.; 1949,
8,5001. ha 104.
To saiszy to people employed In the bonne :-1941, 3,8801.13 e. 3d.;
169. 2,6661. S. .
To 114119 n the royal boa :-1648, 2191. lee. 6d.
Law :-1166, 1,5001.; 1649, 6271.75. Id.
To ern ether apemen :-11148, 1,6451.; 1649, 7071. 10e. 11d.
Te Tredve :—.1846. 44,0081. la. 11d.; 1849, 29,4071. 10..10d.
To lomes.-1: IS, 34,7561. 10d.; 1849, 23,4551. Se.
- - -

Mr. Lawrence said that he had the honour to appear be-
fore the court en the pert of Use mignon to draw attention
to certain facts of the ewe, and crave a judgment against
the bankrupt, and to offer • particular complaint on the pert
of Mr. Everetteid, who wee one of the assignees. He
thought from the previous proceedings that the court would
have been spared the time, and he would say the not
affected pain, in going into he case of this young gentle-
man; but all that there was to be urged upon the point of
louth would come with much greater weight from his
earned friend Mr. Cooke. He had to bring • strong case
before the court, which, if proved, and he filly believed it
would be, would disentitle the bankrupt to • certificate
altogether, or at all events cause a long suspension, and that
being only terminated by a condition being annexed to such
entificate whisk the court had the power of annexing under
the 198thiection oldie new act. It wan in consequence of
the latter part of that section that Mr. Lewis had made a
proposition on the part of the bankrupt to pay 10s. in the
nuad, which was agreed to by the assignees, not for the
purpose of making any bargain to defeat the justice of the
' case, but for the benefit of the creditors. He had with-
, drawn that proposition; and he (Mr. Lawrence) had to call
the attention of the court to the facts of the case, the same as
in other cases dialceed by the balance.shset, which showed
at lamentable an extent of profligacy as he had ever wit-
nemed. The bankrupt was a young man just emerging from
hie 'alacrity, and coning to a capital of 92,0001., was
iatrc-
daeed to oat of the most respectable firms in London, and
an engagement was entered into by which he was to motive
his share of the profits, sad the literati he received on his
capital amounted to 14,1841. One year they were not
gaits es large hat then it wits proverbial that in 1847,
owing to the high price of barley, brewers were not making
large profits.
His Honour—l see there wee a small loot one year.
Mr. Lawrence-100k If the bankrupt had acted
with anything like an approximation to prudence, he
would have made a large fortune; and as to the
mode in which he bad squandered his money, and spent
it in the loose reckless manner he had dose, instead of
making better use of it, was • Testi°. between Mr. Dela.
field and kis casetimee. He emerged from the brewery gene
with this large tan eines'', and he would have been jut.
tilled lanterns into ordinary pursuits, or have made some
return to those to whom providence had not acted so
bountifully. That had nothing, however, to do with
the nee to-day. Hen the cue 001111114114114, and
after that the bankrupt wee found with • large
amount of debts and very little MM. The ass
total on the balancerheet was 146,0001., tad it woe
quite clear that the bankrupt had bees possessed of 108,0001.,
but he bad thrown it away, and it woe to the different' be-
tween those sums when the creditors' complaint rutted. The
question the court had to deal with was one whisk involved
the proposition whether it was any apology for a man win
had wasted this large amount of money to my that it was
his own. It was by the position that wealth gave him
that he Wined people to trust him, without barb'
a smog to pay them, and without making any
proposition so to do. Delagleld came to this OM
at an ordinary debtor, owing 83,0001., without With. a
thinks; of assets. It was true that the loses were 811.,
showing how • large prepaid= of hie fortune had loon
engulphed in the Royal balks Opera House at Onion
garden.
His Honour. —I thought the other house was the Royal
It Opera.
Mr. Lawrence said that was her Majesty's Theatre. In
addition to the large sum of 81,0001., the expiates in the
firmer year were very heavy, aid he took credit lot the sun
of 2,0002. st the amount of loss sustained by the peg-
fonaandef the Brunk optratie company, and an advent
M Mr. Mathews to carry en the Lyenua Tnatre during the
season e 11849 on their joint ateount. In addition to this,
there woe faun the own of 6.0001. es • sift to Webster.
True it might he mil that these items together did not
man the snot Deiedeld had inherited Iron hie ancestors.
He would new turn to the expense thee, whisk showed the
personal apnea to amount to 22,2881.8 e. 9d., and another
very startling item, 8691., for the reat of a home In Berkeley-
square.
Hie Honour—That was quits reasimablo, seeing that the
bankrupt's inane was 7,6001. a year.
Mr. Wrenn—But it would be remembered that the
capital was being exhausted. While this nu was ben
moat, the capital was being cast abroad. The expenses in-
eluded 2.8001. for carriages and harness; expanse to Brigh-
ton, 9731. ; expenses to Hastiest is 1847. upwards of 2,M01
Then, after that, there was anitam which, to use the words
of Mr. Commititmer °Gaining in a mint case, must be

timid a waste gam ensemating es OM
Hie Heirmr4 MEOW 1/8 the legmam wield lo knew
when Ike Impales sad threspewies mine him
Mr. Cooks mid tae these hems were washed.
Hie Homes said that the lambert% aspens ware
8,0001. a year.
Mr. Lerma said that kad the baisetkorntatinlived within his
il03•11 there would have been ao nos t; but it would
be bead that his capital ma mks, and that it wee the
moo, who wen paying the 0,0081 The outlay on the
meats at Willow-beak alms, amounted to 8,0001. Is was
iaoewible to leek at the bas.krupee balsam sheet without
not only strut, bat atagoored, at the extravegante
aseacomi by it: sad the only Vets that mensal to Mr. '
Lewes's*, that mold be awl is favour was, that hi
was extremely youthful ; bat he had kept no ammo of the
outlay, sad be had daily nab= of kb wooed =pews,
avaigiatisi bower by SW.

Hi. Heemr —Them they eight to haw hem mammas-
dams is two reuses of the word.
Mr. Ltsrasee.—Tos. There were some frets Is the bank-
rupt's ezehinatlims which ha omits to Item the beseeilt of.
While be was izeusined„ he showed the greatest anxiety to
I give all the information in his power, aud ustortaeately ft
I was ihe only reperatiow he could give. The Ma krept's
ea-
esfastioo mowed that he had bees a partner wish Marra
'Coalman& Ce., and retired hem the Brut with • smite; of
10:1,0001. flare wee n deed of ditoolution. He
wee hatitkd to • remnimary &tenet of 6,0001.
under the will of kis father. Beakrapt owed
Bank, m., 8,0001. is bills of eseheage, whisk he pro-
pepfd to pay at 6001. • math, cad ht the meet of hot
keeping the payments up the revertiouery Want wu to
become Heel.'.. Ultimately h did. Delaikld gave Heavy
Arthur Webster, whom ho had khowa three or four years,
the mosey to pay for the =maim at Wiliew Bank. The
emmyease was sot mad* to him (beakrupt). The saheich,
whisk was purakued from Klemm' Conyvre, was pulled
down end rebuilt at a cost of about 6,0001. From tin. to
time had bat Webster about 11,0001. He gave no receipt for
the leans. He was hot returned ea a debtor. He had ad
canoed him (Delail-ld) mossy before he wee of age.
Hie Honour ark-d how it wag that Webster wee sot re-
tuned as • debtor

sr. Cook. uld that an mount bad been filed respecting
it. Be owed Webster 1,6001. or 2,0001. The matter had
been investigated at a preview meeting, and Webster had
not bees examined on the other side.

His Hessur—But after paying all these expenses, the
bankrupt did not return Webster as a debtor, but yet he
says that he recollected lending him 3,0001, and that the
money Webster advanced was between 1,6001. and 2,0001.
Why, the account was worth looking at as a matter of
curiosity.
Mr. Lawrence—lf there wag anything pleasing in Willow
Bank, the account might as well be looked at, and it would
be seen that that which was good enough for General Con-
yers was not good enough for the bankrupt. It would be
men that, in addition to the gift of 6,0001 to Webster, and
the outlay of 6,0001. or 7,0001 on the premises at Willow
, Hank, there was a sum for liabilities principally on account
al Webster. _ _

Mr. Cooke said that none of the liability creditors had
been allowed to prove.
His Honour supposed that the proofs were rejected on
the pound that their remedy was against Mr. Webster.
Mr. Lawrence then referred to the bankrupt's examina-
tion of the 18th of August, from which he said it would
appear that the bankrapt had fallen into the hands of those
older and wiser than himself. It appeared that he first be-
came acquainted with Beale, who was then manager of the
Opera•howee, in the spring of 1847. In August, 1847, Bcale
came to him in his box at the theatre, and said that they were
eta lose for money to pay the sums due to the artistes, and,
after some ceaversstion, the bankrupt Teed to give his pro-
missory note for 3,00 U The whole o the amount MI on
the bankrupt. The opera sesaon terminated in 1847. In
November, 1847, bankrupt and Beale entered into partner-
ship, sad in December Beale went out of the firm.
Mr. Cooke—One month after it was formed.

Mr. Lawrence—The debts fell on the bankrupt. Beals
had no money, but some time afterwards, he mad* an
avant, to pay Gnu and Matto. Bankrupt told Beals that
he was goleg to get out of the way from arrest, and that he
had mule an account of the salaries, which were 4,0001. He
received nothing from Beale. He then left the country and
went to Brussels. He had had a great many actions
spins: him between March, 1848, and August, 1849.
Daring the season of 1648 Delaiield had said that he was
utterly ruined.
His Honour—He seid, " I was, in fact, entirely rained at
the sad of the season of 1848."
Mr. Lawrence—On being rained, according to hie (ma
showing, a man ought to have called his creditors, and put
the theatre in their hands, but he had continued to go on
recklessly and improvidently; or, if that was not strong
enough, the contraction of any debts by him after that
period was dishonest. The bond as to the money coming
out of the brewery was pledged, as was also his reversionary
interest.

Mr. Cooke—That was in the middle of 1849.
Mr. Lawranm—And after this, when he was rained, it
wm not shown that he bad even given up his horses, or in
any way broke up his establishment.

His Honour—l as. it was in 1&18 when he executed the
assignment of the reversionary interest in favour of Beale.
Mr. Laurance .- And it was quits evident that Dela-
field must have known the state of his affairs, for the
books of the theatre were kept with singular accuracy.
He (Mr. Lawrence) considered that from the lemon
of 1848 the bankrupt was not justified in spending
one chilling, and what he was spending was at the
expense of the creditors, and it was shown that he had ex-
pended 22 0001 in two years. It was again complained that
' the bankrupt had pursued a reckless course after he knew
he was ruined and irretrievably insolvent. He had also
executed an assignment in July 1848, in respect of a debt
for which be was not liable, and be might have saved the
creditors expense by calling them together. The season of
1549 was disastrous, the 1 oases being 25,0001., and the whole
of the wets had gone in this ruinous eugasemeut.
It might be said that engagancentc had been made
for a series of seasons, and that he could not get
rid of them, but he ought then to have become
bankrupt, and not at a time when he had not got a
Ia March, 1849, he also executed an assignment
in favour of his own attorney to WWI) a debt of 1,7501.
Webster was engaged in that as well as Dslafield, and it was
proposed that the household furniture and plies should be
assigned to him (Appleby.) If this was Webster's property
why should Boleti-Id interfere ? By a deed signed on a
Sunday atomism, at Mivart's Hotel, DoeleSeld disposed of all
interest in the Willow Bank property,.. and there was no op-
portunity of the creditors questioning it.
His Honour—That was to Beale.

Mr. Lawrence—Yee; on the 21st of April, 1849, he as-
signed every shilling to Mr. Beale.
Hie Honour—A d then diesppeared. . .

Mr. Lawrence—This was anraisigniment to secure not only
the 1,0001., but any future advances. It was said by Beale
that he bad advanced on account of the theatre 7,0001. That
made it all the worse, for whatever was advanced after 1849
was at the expensa of the creditors. The bankrupt bad also
ouartarei Webster on the theatre for maintenance, for he
was to mein 751. a month as long as the theatre kept open.
That was also at the expense of the creditors, who were now
tout reasonably complaining. He would now come to the
grievance complained of by Mr. EverOiald, He was at the
University of Oxford with Delafield, who had certainly
brought away a portion of its follies, not to Bay vices and
something apprizunating to dishonesty. He borrowed, in
March, 1846, 5,0001. Mr. Evenfleld was now a creditor f...r
4,6001. A memorandum was drawn up, and interest at 6
per cent. wu to be paid, and the principal to be paid that day
twelveturiatlis ; bat, as Mr. Liwrance was instructed, his
client was not aware of the limitation.
Mr. Cooke.—That is an assumption. The document is
signed by himself.
Mr. Lawranes.—la February, 1848, Ever field instructed
his attorney to take procerecunas against Delafield for
the 5,0001. ; and the latter pleaded to the acts- a that be

did not proMise in manner and form exoept u to 4501., the
mount of interest. Everalield being defeated in that
action, be gave the twelve months' nodes for payment, and
the remit wan a second action, in which " A Pike," as
. . .

stated in a letter, appeared as the bankrupt's soli.citor.
Delafield took no stop to pay him • single shilling, and, on
the 12th of April. 1849, a few days before the
assignment to Beals, he pleaded the general issue,
but on the 17th of April the bankrupt gave a judge's
order for the amount. The judge's order was for payment
on the 24th of April, and on the 22ad Delefield left the
country. He (Mr. Lawrence) complained that • gross fraud
had been committed en Mr. Everefitid, who had been
treated by him at defiance. He trusted that this case
would be treated without regard to the bankrupt's position ;
and, looking at the figures, he thought that a strong
cum had been made out against him. It was
not for him (Mr. Lawrence) to deal upon judg-
ments the learned commissioner had given, but he
must name a ease of • trader whom debts were only 4001, or
6001. In that ease the bankrupt had delivered over a value-
ler agreement to his friend, and some miserable articles of
dolmas furniture. The certificate was there suspended for
two pears. The complaint against the bankrupt was, gross
and reskless extravagance, improperly making away with
p , and aggravated misconduct towertowardsßvenfield ;
ent4 keen the manner in which he had disposed of his
P showed that he was not a person entitled to
freaWirade again. The bankrupt was • young man
of health sod energy, end therefore ought to be compelled
to mertgege • portion of his future earaings. The same
muse bad been adopted in two mass before Mr. Commis.
desetlPosliempa, : Reesman and Henenten, and that
of Lend Thareekstswer. Deleficld stood alone in the world
without try enenstwence, sad something like restitution
wen neesseary kr the creditors.
Mr. Cooke quite agreed with his learned friend as to the
interest the preseedings in this court excited in the public
mind. This court was to see the distinction marked between
• man who had sorameesed trade recklessly and dishonestly,
without a shilling of capital—between • mast advanced in
years, of long experience in trade, and with • paled disre-
gard to hie own character, and who blurred debts to a
large extent, without giving the creditors any advantages.
The public liked to see a dietthetlen from the cue
of a young gentleman who had had no experience in
trade ; who had been brought up in the lap of
luxury—s man who had had • large fortuse, and
who had been brought in by experienced men
to stop a gap they had mend and Gould not fill up, and all
his funds bed been ugulphed. That was a case in which
the public did like to see • distinction. With respect to the
cease before Mr. Fonblenque, it wee different when a man
ease to be relieved by a process celled white-washing,"
and if a mu can do anything through the exercise of his
udgment, it was very prow to make future exertions for
his creditors. Wal this the emu of • (lutist seeking
protection from the law, ,triving up nothing to his
creditors, to prevent °pommel's from the law. In
each • cue • man ought to do something hereafter
fer his creditors. In use ere of Human, that was
where a young man had great sap eotatione from an aged
aunt, sad came to this court to be ',lain's'. expecting the
death of that aunt. The court, kowevor, said it would re.
fuse the I:mildest*, or suspend it from tittle to time, till she
did die. The cue of Lord HunUngtower wee, where there
was a large family fund, and great expecte Bows there were
from that fund. He would remind the otwrt of a emu in
which it bad been asked to annex certain Conditions. It
was that of K. Jellies, and after consideration .his certificate
was granted without any oonditions.
His Honour—That was a clue in which he was shame fully
defrauded.

Mr. Cooko--By the groat Watts he pawed sho war
likely t. realise a luxe amouat of now. With resift et to
Mr. Dalarield, It was darned advisable that hs should have
list-ohm mahouts, and an offer was mad, to the auditor.
BA had nothing to offoroind what than was would hart.
soar from his Maids; but ea he weld BM hare a lest-class
togyikolo, *bey odd it would be sodas Ie pq disk now

foe hie debts. Ia the int instanter, It was said that the
bankrupt was not it for trade, and then flimsily ofafterwards
it was mated that he should set aside a portion of his
future earning*. There was no cheats of an arrange.
meat is any wily ; and, with respect to the 4,6001. ad-
vamped by his old friend, he did not ask for any eertificate.
He speculated with his own mosey, and on awakening
Iron a teveriab dream, all had gone. His coadiset as a
trader, which the court had to consider, weld in no way be
attacked, sad there was no pretence for saying that he had
been guilty of reeklem trading. In this ease then was no
asomammedaSion paper, and the books had bean admirably
well kept. His private expenses were vouched, with the
eruption of the 4,0001., ealled a waste Tither, which was a
mere nothimg, seeing that the bankrupt had 100,0001. Cha-
racter to this young gentleman was of the utmost Impor-
tance, aid there was not a single person who came forward
to say that he had deceived them.
His Honour wished to know something about the 2,0001
lam by the performances of the Brussels operatic company.
Mr. Cooke said that they ware considered to be the best
in Europe. The climate did not snit them—they caught
colds and could not sing.
His Honour said that there was another advance to Mr.
Charlie Mathews about the Lyceum season in 1849.
Mr. Lewis said it was in 1848 before the ruin took place.
His lienour said he would defer giving judgment fur the
prawn.