The Express.
London, England, 1850-06-05 00:00:00

Cowl at Leaman, and seals is 18111, sad 1844. He
had bees beskrupt la 1829, sad Ilea all elealeed his cora.
&ate. In December. 11148, he was takes tae eastedy, ash
romes••• in prima 12 menthe, wale• his saes was broedht
before the court. Mr. Bell haulms, at hie ragwort, boom. the
.patitkadap creditor. Not havMg obtained his atrulleste
ender the tenter beekreptey, Awe wield boas assets seder
ibis% He bad bees all sleet isealwast, sad lied never
divided 'Wass manors his oredikers ; it Wee ler
the eosin to &aide whether • pens she had
this ewes fee 20 yeas shield be spilt is a
resides to impose ea the acessionial He now
owed 2,0401, sad the whole mesas of meets which the
Cheese, of Mr. Graham, the alleiel essiesee, lad hoes able
te realise was 261 Darla. his Ispehosmiset Is 1649 he bad
received between 1,1001. and 1,2001, the Indeed of the sele
of the Holetrya she, Is whisk he was oeseereed. He ao
esseted fee this sun by saying that it had hese applied is
wade sad dawathe ripsaws, sad is paying eompositions to
arra& eroditen. He had .reigned a moiety of the same
Woe, white wee said to be worth 7,0002., to his wife'.
trestles fee 1941, hav,ag 'Detracted to sell the other moiety
hr 2,0001 His sash bock, made up SLIM the bankruptcy,
showed the reseipt of 8061 is various seas shortly before
sad shoe his isprisoesseet.
The bankrupt wee ezmained, and stated that be led eon-
tressed to sell the moiety of the mine to Mr. Hat Is Goober,
1848, for 2,0001., sad 2501. for the ore thee on the bank.
Payment was made in bills, on whisk he had to pay heavy
diernants. Between Oct-her and December, 1648, be re-
ceived from Hunt 1,1001. or 1,2001, and bills to the amount
of 7871., while he was in custody. He oho received 4004 as
produce of the sale of ore of the Scowdon mitts, of which
the leadlord bad taken poression since his bankruptcy. The
sale to hie wife's trashes of • moiety of the Dolswys mine
far 1941., was is permeate of as ityreessent made beton the
she was set to week. He had purchased the hem of the
whole Ise 3001. is 1817, °Wised peeeeselos Ia Juinary,
1848. sad soesseepeoed working I. April. For some .oaths
the prospects of the nisei west oslespoving The debts in
belasos•shoot, amounting to 2,0401, were contracted two
or three year before his imprisonment—mat of them before
the sale to Hunt.

By Mr. Hawkias—He had been Imprisoned at the suit of
Mr. Fysoe, who had been his attorney for three or four
years, and hid advanced him 2601. on notes for 7801.
Had been in gad fifteen months at his air.
The judgment was for between 3001. and 4061.,
including bills of costs; and for suspending judgment
tor three mouths, Fyson and Curling charged him 1001
Had agreed to borrow 6001. of Mr. Fyison, foe which he was
to give, in lieu of interest, a bill of 1201 Afterwards Mr.
F. wanted 1,6001 for the 6001., end bankrupt agreed to give
it, on conditiso of the business being earned through. He
bad himself spent 1,0001 over it. Mr. Fyson afterwards
wanted half the interest in the contract, which was worth
about 11,0001. This was also agreed to, but the money Will
aver advanced, and bankrupt was compelled to forfeit the
contract in consequesee. The only amount advanced was
2001, for which Mr. Fyson got bills for 7501. He had
been opposed en his former itisolvencies or benkruptey
Under the latter, which arose out of a partnership loudest,
titnlly intered kite, he had never applied for his certificate.
While In prison he allowed his wife and four children 30s.
a week; his own expenses in prison were about the
elms. He had been compelled to incur expenses on account
of the Snowdon mine while be was in prison. The sale to
his wife's trustees was not made at an under-value ; he
would lave sold the property to any one else for the mate.
A dividend of 4s. bed been paid under his bankruptcy, but
nothing under the four insolvencies. When he last poll •
dotted the court, in 1844, be awed 11,1801 ; he gave up
Suatralian property worth 20,0001., for which he had paid
6.0001., having acquired cAtelderable property alter his
former insolvency. Did not know that the creditors under
the last insolvency had received anything. Had filed a bill
in Chancery agairat Fysnn and Curling einee his imprison-
ment, and bad also published a statement of his transactions
with them. He had been off•red his discharge on abandat-
ing his bill in Chancery and paying the costs. Had not told
any of his creditors of his former bankruptcy and in-
, sal 'mein.

Mr. Hawkins, on behalf of the bankrupt. submitted that
an fraud had been charged against him in any of his failures.
The traseamion with his wite's trustees was not open to any
suspicion, ►e having sold for 1941 a moiety of the property
which he had purchased for 0e.',01. Part of the money be
had received in gaol had bees applied by him in working
the mines, in the hope of produciog a better dividend for his
c•editors. Had be been able to ca►ry out his contract with
Mr. Giles in 1847 fir the parches• of a mine for 8.0001 be
would have been a gainer of 11 6001. by the transaction;
and, bat for the way in w►ich ►e had been treated by his
attorney (Mr. Pyson). this would have been real met.
Mr. Lawrarice here wished to add to his ease by putting
in a letter of the bankrupt, in which he proposed, as the
terms on which an ad of 5001 should be made, that he
should give three promissory notes for 5001. each.
Mr. Hawkins objected, bat his Honour allowed the letter
to be read. _ _

Mr. Hawkins said et was evident Mr. Fyson'e object was
to drive the hardest bargain he could with the bankrupt, by
requiting, in addition to the above conditions, the assign-
meat of a bill of costs of Mr. Richardson's for 1201. The
bankrupt's failure wee entirely attributable to the way in
which he had been used by Mr. Fism, but for which he
wou.d now have been a wealthy man. Mr. Fyson had sued
him for 1751. outs ; the judgment had been swelled up to
3001. or 4001 ; and then three months' delay was granted on
enudiiim of a promissory note being given for 1001.
The bankrupt's failure was rot the result of bit own ins-1
prudence, bat of the over-exacting conduct which had been
practised towards him.
His Honour said he bad doubted whether he ought to
ham heard the ease bit the bankrupt had entirely cleared
himself from his previous bankruptcy; but it was a long
time ago, and the proceedings could not he referred to.
As to the conduct of Mr. Freon, he did not think there
was any growid for charging him with the failure i f
the bankrupt, who was perfectly well able to deal fur him-
self. He should distaffs this part of the case at one.. If
Mr. Fawn had no lust claim on the bar krup., the claim
ought to have been cootested elsewhere. The court ought
not to infer fraud from the fact el the four previous into!.
candies, as the bankrupt bad obtained his discharge in each
eau, and was probably entitled to it. Under b s farmer
bankruptcy he bad not obtained a certificate, and that vets
not a very favourable position to occupy. As the law then
stood he might have applied for his certificate, if he thought
the creditors would grant it. In the absence of positive
proof to the contrary, it was difficult to believe that a man,
who was a kind of dealer in bankruptcies and insolvencies,
had not been all along in a state of insnlveney. A dividend of
4s. had been made under the bankruptcy, but it did not appear
that anything had been paid under the insolvencies. In
Justification of Mr. Fyson, it was to observed that, though
his first judgment was obtained in February, 1847, he did
not take the bit krupt in custody till D cember, 1848 ; this
at all events showed leniency. The conduct of the bank-
rupt in orison proved the useleseneu of the power of im-
prisonment in the handsel! creditors; it was not more for the
interest of the latter than for the injury of the debtor.
Here was a man who had received a considerable sum
while in gaol, hut bed refused to pay his deb's; there were
said to be those who would rather sent in gaol than pay their
debts; and without ascribing this determination to the
bankrupt. it was evident he had let Mr. Fyson have none of
the 1,1001. which he had received in gaol, and which ought
to hive been made available for his creditors generally.
Looking to all the cireornatances there was no pretence for
the bankrupt resistifig the payment of Me. Fyron's debt.
Oat of the whole 1,1001. only about 1201. had gone to
the creditors. Had ha given up this property, he
might have come to the court, and at least
have made a show of doing something for his creditors. But
after making hts own disposal of his property, he now sought
the protection of the bankrupt court, though no longer able
to comply with the requisite conditions. The only meets
were about 251., and some doubtful debts put down at 4001.
This be ing so, the court was bound to visit the gas ly.
He had doubted whether he ousht not to suspend the certi-
ficate altogether; but assuming that there had been no posi-
tive fraud in the former instelvencies, he would suvpcod the
cartifitate for two years from that time ; and then not to be
granted till be had obtained a certificate under the former
beaknoptey.
Mr. Hawkias asked for protection, stating that the bath
rapt bad been in prison fur 15 months,
This was opposed by Mr. Lawranee, who applied for •
certificate to ahe wornness under the 267th section of the
new act, placing them in the position of judgment creditors.
His Honour said that taking into coast aeration the im-
prisonment the bankrupt had suffered, he would grant pro-
tection after he had been three months longer in prison.
His Honour added that he did not think anything fraudu-
lent could be attributed to the bankrupt in Diereses to the
wagonload of a motet of the mine to his wife's trestles,
the purchase-money being greater to proportion than offset
he had given for the sine.

MIDDLESEX SESSIONS. -IrESTILIIDAT•
BOORS MIL. SIMIAN? ADMEN AND ♦ 1312 KM Or I[AOLVTII•7Ir

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The June General Session of the Nace, for the coast=
Middlesex, commenced yestuday morning at the
House, Clerkenwell. There wen fifty-six eases of felony,
and four of misdemeanour, for trial.
Till ()RAND JURY.