The Express.
London, England, 1861-10-01 00:00:00

4_VENING, OCTOBER 1, 1861.

tato intelligent&

COURT OF BANIERLTTCY.--SErr. 30.
(Wore Mr. Cloraruisdooer Goulburu.)
Dr RS D. lallaTT.

The bankrupt, a corn dealer, of Uxbridge, applied for his
certificate. The case was before the court six mouths ago,
when, from the disclosures then made, his Honour directed
an inslictinett to be preferred against the bankrupt for ob-
taining goods, within three months of his bankruptcy, by
fraudulent representations, but upon trial he was acquitted.
The application for certificate was now renewed.
Mr. Prentice opposed for the assignees, and Mr. Groom
for a creditor; Mr. C. F. Lewis supported.
His Honour sant that the case baying been submitted to a
jury, who had pronounced an acquittal, he should not en•
tertain the charges again. There had been six indictments,
containing seventeen counts; and he had been substantially
&quitted on them all. Therefore, on the principle, " Nemo
debet his vexari pro eitthun canal," he should not re-or en
those charges.
Mr. Prentice said he opposed on grounds totally inde-
pendent of those on which the indictments had been
founded.

The report of Mr. Pennell, the official assignee, showed
that in a year &oil eleven months the bankrupt hail coo-
tractor' debts of 1:4,601W., besides others, for which the cre-
ditors held security. There has been a dividend of 3s. tial.
in the pound. The baukrupt had been in business for
twenty years, without previous failure. On returns of
118,0001. (in a year and eleven months) there had been
nominal profit of 1,008/., but this was largely exceeded by
the losses soil expenses.
Mr. Prentice said the bankrupt had been in the habit of
purchasing corn to a large extent on credit ; be then :tit
got the money,. but never delivered it.. There were
instances of this within a month of the bankruptcy. In
some cases he had sold wheat for 635. a quarter which
he had purchased at 785.; this, it was contended,was realms
trading. He had also made a preferential payment of 3001.
to Mr. Collins, cashier in the Uxbridge Bank, the day before
he took steps for coming to the court. On the sth of No-
vember, a few day. before his failure, he sold to Mr. Dives
Mk or noo quarters of wheat by sample, at Jack's Coffee-
house, Mark lane, when in reality he had no such wheat.
This the bankrupt called "selling forward," and said the
practice was quite common in Mark.lane.
The Commissioner-1 hope not ; for it is a clear fraud.
Mr. Lewis said he could bring witnesses to prove that
the practice was quite common to sell by sample and then
purchase the wheat after.
Mr. Prentice—Then the sooner it is put an end to the
better. The fact of selling by sample is itself a declaration
that the dealer has the wheat, In other cares he had
sold as factor fur other people, received the money, and not
paid it over. He had paid co less than 6921. to the
Uxbridge Bank for interest and discount, a further proof of
his reckless trading.
The Commissioner—lt was not simply recklees ; such
trailing is clearly fraudulent.
Mr. Prentice further charged the bankrupt with • frau-
dulent preference to Mr. Kelsey on the 12th November, he
having signed a declaration of insolvency on the 10th. A
quantity of wheat had been sent to Kelsey, but he had
returned it under threat of action by the assignees.
Another preference was the payment of 307/. to Mr. Collins,
the bank cashier, who had lent him 400/. This was on the
Bth of November ; and he had told Collins at the time that
b. was in difficulties.

Mr. Groom opposed for Mr. Way, a creditor, who com-
plained that the bankrupt had made a false representation
to him es to the sale of some of his wheat, which had in
reality been banded over to Mr. Dives.
Mr. Lewis, on behalf of the bankrupt, submitted that as
those mottoes had formed the subject of indictment, and as
theibankrupthad been acquittal on the whole of the charges
the court could nut now entertain those charges in another
form. The only charge which had not formed part of the
indictments was that of preferential payment. The bank-
rupt had conducted a long course of trading without re-
proach ; and if, towards the close, be bad fallen into
grievous errors, grievously he had answered for them.
His Honour reserved his judgment.

Muller, who keeps a reeeiviag•ofce at No. 9, Holborn. On
Saturday last, Sept. 24, the pri.oner pre,,ented for payment
the Pest-office order for 21. now produced. He salted if
we bad received the letter of advice yet. I said we had,
but I was instructed cot to pay it, end I then gave hits into
custody. The order had been previously presented, but as
at that time the letter of advice had not been received it
was returned to the person who presented it.
The prisoner, who is supposed to be in collusion with
some pilfering letter-carrier, was remanded.