The Northern Daily Times.
Liverpool, Merseyside, England, 1856-10-14 00:00:00

HOLMES v. TOBIN,

TO THE EDITOR OF THE NORTHERN TIMES.
Sir,—As the report in your paper of Friday, of the com-
plaint of Holmes, may lead the public to suppose that I have
but, in fact, sacrificed my client, in common
not only neglected,
fairness to myself, as a young practitioner attending the
Liverpool Police Court, I have determined, through the
medium of your journal, to request all parties who may have
to suspend their judgment of my conduct,
I shall have had an opportunity, at the
anr
seeaxadtn Friday'sattorney,
ensuinguntil paper,
Assizes held at Liverpool, to vindicate my
character, and have such redress as a fair and impartial jury
will give. I have issued against Holmes a Queen's Bench
writ of summons for defamation of character.
I regret that the assertions made should so materially injure
my private practice.
I wish it to be distinctly understood, that, after the
complainant's case was gone into, the defendant, Tobin, was
called upon to answer to the charge, and when he came up he
was so beastly drunk that the Magistrate ordered him to be
taken into custody. I then asked Mr. Wybergh if he required
Holmes and his daughter on the following day, and he said he
did not require them. On the following day, while
engaged in Mr Mansfield's Court, it was intimated to me that
Tobin was discharged. I remonstrated, but the only answer
was, that the case had been dismissed on the subsequent day.
Holmes came to me, I went with him to Mr. Wybergh, and, in
his presence, I asked Mr. Wybergh if I had neglected my client ?
when he replied in the negative ; notwithstanding which,
Holmes, in a week afterwards, instigated by a detective officer,
whom I severely cross-examined upon one occasion, gets into
the witness box, makes a complaint before Mr. Mansfield,
who told him to stand down. I fearlessly defy any one
to say that I ever compromised a client's interest by a bribe
of any description. Any Attorney accepting one deserves
being struck off the roll --Yours, &c.,
Liverpool, 11th Oct., 1856. J. H. GOODE RE.

SPORTING INTELLIGENCE
NEWMA.RK ET RACES.—YESTERDAY.
£5O PLATE. A.F.
Fisherman ...... 1 I Saraband 2 I Blue Rock 3
Ten ran. Won by a length.
HANDICAP. T.Y C.
First Fly ...... I Kestrel 2 I Bishop of Osnaburg 3
Six ran. Won easy.
SWEEPSTAKES or 50 SOTS.
Theodora beat Tyne easily.
FIRST CLASS £5O PLATE.
Palm ...................... 1 I Slattern 2
Ten ran.
SECOND CLASS 50 PLATE.
G?mnaa di Vergy 1 I Old Fashion
Seven ran.

LATEST BETTING

CESAREWITCH.

10 to 1 agst December (taken)
10 1 Malacca (taken)
20 Barfleur (offered)

No other change.

visitors the
TIIR OUDE ROYAL. FAMILY IN PUBLIC ;Among the
0
Crystal Palace who witnessed the grand
display of the fountains on Saturday, was the brotlr,r cf the
King of ()tide A
, and a young prince, his nephew. The
brother of the king was attired in an almost regal uniform,
covered with
a profusion of gold and jewels. He was
wheeled round the building, preceded by his grand cham-
berlain, holding an enormous wand of office, While
examining the Indian collection, the principal personage
addressed a lady, whose swarthy complexion attracted his
attention, in Ilindostanee. She replied to him in the
same language, and ultimately had the honour of an invita-
tion to be pnseuted to the Queen of Oude, and a symbol
was giveu to her to secure her admision to the royal presence.

BANKRUPTCY COURT.-YESTERDAY

BEFORE MR. COMMISSIONER PERRY.

IN RE TYSON.—The trade assignees, Mr. Morton and
Mr. Nash, attended in court this day for the purpose of
being examined relative to a statement of the bankrupt
at a meeting of his creditors on the 25th of June. Mr.
David Morton examined by Mr. Lowndes : lam one of
the trade assignees of the bankrupt William Tyson. I
was present at a meeting of his creditors called at Mr.
Dodd's office on the 25th of June last. There were
upwards of twelve other creditors present. I was
appointed chairman, and Mr. Nash secretary. A state-
ment of the bankrupt's affairs was produced by Mr.
Dodd and read. The bankrupt was then called in, and
questioned as to the accounts. There were many indi-
vidual accounts referred to, and Mr. Humphrey's account
among the number. The amount stated to be due to Mr.
Humphreys at the time was upwards of £3,000. The
bankrupt was asked as to what property he had, and he
said that he had some property at Bromborough, and a
pew in Rock Ferry church. He was asked what mort-
gage there was on it, and he stated that there were two
on it—one mortgage of £2,000, and another of £l,OOO,
both to Mr. Rodick. He was asked if there was any
other mortgage, and replied that Mr. Humphreys had a
mortgage for £3,000 upon the same property. I then
asked him when it was that Mr. Humphreys lent that
£3,000. He replied in April. I then asked what con-
sideration he had to pay for it. He replied, £3,000 in
money. I then desired him to explain what he had done
with that money. He took a memorandum from his
pocket, and read a statement, showing how he accounted
for the whole £3,000. The statement contained two
lodgments in the Borough Bank of £5OO .and £550, and
the payment of a bill of Mr. Humphrey's (due on the
19th of April) for £1,350, and payments of small sums for
trade accounts. As far as my recollection goes, the
statement was never out of Tyson's hands Mr. Hum-
phreys was present, and made no further remark than
that he had taken the mortgage. The bankrupt said
nothing of having repaid to Humphrey's two sums of
£l,OOO each, in the month of April. nor did Mr.
Humphrey's say anything to that effect. I called on the
bankrupt in Mr. Cazenove's office, in the presence of
Mr. Gamble, to explain to him this transaction of £3,000,
and he gave exactly the same as at the meeting of the
creditors. Instead of the memorandum he went for his
hill-hook and pass-book, and pointed out the two
deposits, and the bill for £1,350, and enumerated the
small payments which he had made out of the balance.
There was not any allusion to Mr. Humphrey's having
received any payments back in April. Mr. Joseph
Gadsden Nash examined : I was present at the meeting
of creditors on the 25th June, and the statement of Mr.
Morton is substantially correct. There are one or two
slight discrepancies according to my recollection, which
I will point out. As regards the £3,000, Tyson said he
had lodged about £l,OOO, and had paid a bill of Mr.
Humphrey's of, I think, £1,400 to £1,600, but it was
not said whether it was a bill of exchange, or a bill for
goods sold and delivered, and he accounted for the
balance in the way stated by Mr. Morton. Mr. Horatio
Gamble examined : I was present at the meeting of the
bankrupt and Mr. Morton in the official assignee's office.
The bankrupt was asked by. Mr. Morton to account for
a sum of £3,000 received from IVIr. Humphrey's, and he
stated that he paid, on the 16th April, £550 into the
Borough Bank, and on the 19th, £5OO, and that he pro
vided for an acceptance of Mr. Humphrey's for £1.350
dub on the 19th. •He pointed out the bill in his bill-
hook, and the balance he said he paid in accounts that
were owing. He said nothing as to repaving to
Humphrey's two sums of £l,OOO each in April. This
closed the examinations.

IN RE M'CLuRE.—The bankrupt, grocer, of Brownlow-
hill, came up this day on his last examination, but as
the balance sheet, which .was made up from estimates,
was most unsatisfactory, the examination was adjourned
sine die at the instance of Mr. Evans, who appeared for
the assignees, Mr. Almond appeared for the bank-
rupt.

COUNTY COURT v -...ESTERDAY