The British Press; or, Morning Literary Advertiser.
London, England, 1807-09-23 00:00:00

DEFRAUDING OF CREDITOR'S.

The fallowing case most be peculiarly in eresting
to the mercantile world, both n account of i s
melancholy issue, and the ualr.:quency of its oc-
currence :

James Hulled, whose enndtra has been more than
once noticed in the puhlic Prints, on his apprehzn-
sion, and various eliminations in the Police °Mee,
WAS put to the Bar, chary :NI with tae above
capita! ol'ence. The indtem.:nt charged the Pri-
Sons!, cn three several counts, with not making a
lair disclosure of 'his effells under a Commission of
Bankruptcy. and in particular for concealing the
sum of 80'dl. from his true and lawful vreJttors.
The great length it the proceedings upon this trial
occasions the necessity of our giving but a sum-
mary detail of them ; but we trust that the leading
circumstances, as divulged in the evidence adduced.
with a statement of the ultimate result, will be suf-
ficient to deter others, who unfortunately becoms
bankrupts, from a commission of the like heinous
offence.
The case was opened on the part of the Prosecu-
tors by Mr. Guaira Y, who in an able and perspicn-
ous manner narrated the whole circumstances of the
ease, nearly as they came out upon the evidence,
and then proceeded to call the following witnesses :
Mr. John Hubbert, a Clerk to Messrs. John and
George Cowell, rum and brandy merchants, de-
posed, that Le knew Mr. Bullock, as being a wine,
rum and brandy merchant, formerly in Lawrence-
Pountney-lane, and latterly in Scots-yard. The
Prisoner had transacted business several times with
that house, and was considerably indebted to them.
This the Witness knew, from his having access to
the books. Upon the 28th of January last, the
Witness delivered to the Prisoner, from the West
India Docks. two puncheons of rum, amounting
to 1891. 19s. 2d. and some time thereatter, four
puncheons more, amounting in all, to upwards of
10001. For these, the Prisoner gave bills at three
months, amounting to 14721. which were never
paid, although the Prisoner accepted them.
Thomas 011 y, the carman of Messrs. Cowell,
confirmed the testimony of the former Witnesi,
by saying that he delivered these puncheons into
Mr. Bullock's vaults, in Suffolk-lane.

Mr. Thomas Ward , clerk to Mem'. Prescott and
Co. bankers, deposed, that- the acceptances were
all in the hand-writing of Mr. Bullock, ani that
they were payable at their house, but they had no
drifts to pay them, their transaltions with the Pri-
soner having ceased upon the first of May, when
the first bill became due.

Mr. George Scoad, clerk to a notary public, de-
posed as to the protest of the Bills, upon pre.eut-
ing them at Messrs. Prescott's, and gettini tor an-
swer that there were no effeets.

Mr. William Bryant, deposed, that he had been
traveller to the Prisoner, in the month of March
last, and that he was a creditor at the time of his
bankruptcy. although he did not now stand in that
situation. The Prisoner had then a counting.bouse
in Scotas•yard, and, as he understood, a dwelling-
house there, as well as at Dulwich. He (the Wit-
ness,) attended at this counting-house. in Scot's-
yetd, at the end of March. when he returned from
a Southern journey. Hs also went swathe journey
for him. in the month of April, and on hi. re-
turn, attended day aftct day, at said counting-
house, but could not find him ; always receiving
as an answer to his inquiries, from Bullock's ser-
vants, that their maser was out. Various people
came at that time, but were also regularly told that
he (Bullock) was out. The Witness, by dint of in-
quiry, at length found the Prisoner at Gerrard's
Hall Inn, in Basing-lane. Mr. Wallace, Lis
clerk, went with bins to that place, where they saw
Mr. Bullock and his wife. Atter asking how each
other did, the Prisoner said to the Witness, that he
supposed he (the Witness) imag.ned something was
the matter. To this the Witness answered, that he
thought it was very odd he hail not seen him, after
having called so repeatedly. The Prisoner replied.
that he had some bills becoming due for goads
which he had at the B ltic. and mentioned other
particulars as the cause of his keeping out of the
way, which the Witness could not understand. The
last•mentioned place was about a quarter of a mile
from the Prisoner's counting-house, in Scot's-yard.
the Witness was only once with him at that place,
and that WAS about an hour, but did not ask bins
for money ; as the Prisoner said, in a few days he
would give him what he waited.
John Tracey deposed, that he had been carman
to the Prisoner for about nine or tea mouths. In
the month of April last, the Prisoner did not come
so regularly to his counting-house as be u.ed to do,
he only coming once or twice &week. About that
time the Prisoner's name was taken off his door, and
the name of Lang, his cellarman and potter, was
put thereon. The Witness did not know of any
creditors applying for their debts at that time.
James Mates stated, that he lived as gardener to
the Prisoner, at his country-house, at Dulwich, and
remembered that between the 11th and the 14th of
May, he (the Prisoner) left that place. at eight
o'clock in the morning. He afterwards learnt that
the Prisoner had gone to town ; and he afterwards
saw him at Wills s Coffer-house, Lincoln's Inn, and
fur some time lived at Chelsea, in furnished lodg-
ings. The Witness saw some goods removed front
Dulwich. at that time, in a cart. and understood
from the carman that he took them to Bouverie.
street, Fleet•street. The Prisoner assigned, as his
reason lot leaving Dulwich, that something was not
altogether right, but at the same time spoke of
coming back. The Witi-ess afterwards understood.
that another cart, containing several trunks full of
goods, the Prison is ptcyerty. went from Dulwich
to flungerford-Market, where they were left at an
inn, near the waterside.

Tracey, the catman, was again examined, and
deposed, that he brought two cart loads of goods
from Dulwich. by Mr. and Mrs. Bullock's direc-
tions ; the one he took to Bouverie,treet, and the
other to Hungerford-Market. In doing so he met
a Air. Atkinson, the Prisoner's nephew ant Clerk, in
Fleets reel, and also the Prisoner himwlf, having
pre►iously met Mr. Cowell's man, on 131sckfriar's-
bridge. Upon his acquainting the Prisoner with
this last circumstance, he was desired. inttud of de-
livering all the goods at Bouverie-street, to tCite one
of the e irts to Hungerford-street. Titere were in
all sorra boxes. besides a book•case, which was in

1

the second tart Men)), had itette? die gel&
into the public-house, at the wateinsid. be earn
away.
Here Mr. Conn, one of the C suns-I beh..:l
of the Prisoner, In-reeled to state as o mliAns
that the Witness, Bryant, having been a ere. hot at
the time of the bankrup cy, and the 01111!7 but Jr.
having heen issued opals s testimony, it was, 'here.
fore, invalid, although rh indiß nent expressed. that
the said Commission of aenkinptcy had been re-
gularly sued out against the Pr:inner.
Mr. Avian, another of the Prisoner% Counsel.
was proceeding to strengthen this onjedinn, when
the Learned Judges (Ha•nit and Lawasece) !nc.
pressed their epininas, that the ebjnnion was In.
timed, the whole of the evidence for the pros-csninn
not being ccmpined, but intimated their willing.
nen to hear any such statement in favour of the
Prisoner, at a future states of the proceedings.
Other objeCtions mare trivial were then att-mpt-
ed to be urged by the Prisoner's Counsel, as to the
Commission not being neon a proper stamp, arid
the impression of the Great Seal nut being at all
conspicuous. These, however, were soon nye:-
ruled by the deed being, upon examination, found
perfellly regular.
Tracey, the former Witness. further deposed,
that he had afterwards seen the Prisoner at Cnelsea,
at a house facing the water, but he did not know
whether it was furnished by the Prisoner himself or
not. He had been served with several summonses
to attend the Commissioners, but Mr. Builink had •
dissuaded hien front attending, saying he bad nn
concern with the matter. and had therefore better
let it alune, as no harm would thereby arise to
him.
James Spencer. a Messenger to the Commission-
ers, deposed, that he served the Prisoner regularly
with notices to attend at Guildhall.
The Commission was then read, and the three
Commissioners proved their respective hand writing.
and a Mr. Newman produced the warrant for ap.
prehencling the Prisoner, which was dated 6th
June. 1807.
Joshu t Garnett. clerk to the Cwitmissinn. de-
posed, that the Prisoner was brought before the
Commis loners in pursuance of said warrant, and
was examined by teem, when their luestinss an 1
his answers were reduced to writing (here they
were read.) The Prisoner's books were wept very
regular in the beginning of May, the balance of
cash in hand being stated correely at 1701 13s.
At the time of the examination, the balance of cash
in hand was 12001. The Prisoner attended the
meeting of 231 June, for the choice of Assignees,
when the Gentlemen that were chosen were Geom.
Medley, John C well, and Richard Arnim. At
one meeting, the Prisoner said he had paid to a
Mr. Griffin Jones, the sum of 10501. and to a Mrs.
Elizabeth Jones, a milliner, in Bon:lnner, 2141.
when, upon inquiry. it turned out that l:e iced tint
paid them any sum whatever. He attend d the
last meeting of the Commissioners, upon the 1 eth
July, 1807, when the bankrupt did nut at:end.
Mr. Spencer being again called. stated that he also
attended upon that day. at Guildhall, from one
o'clock till twelve at night, with a shoit intermission,
when another was appointed, to wait for the Bank-
rupt, who did not make his appearance. The Cots-
miesioners, after waiting a dee time during the day.
went away, but returned at twelve o'clock at night.
and made the regular and usual proclamation.
against the, Bankrupt, for his nonattendance.
Lewis, another Messenger, confirmed the above.
Anthony Jones, an o:6:er of Police, deposed.
that he was applied to on the 20:h of July, to search
after Mr. Bullock, and went to the port of Leith, in
Scotland, in pursuit of him. On his arrival be applied
at the Wharf, where he found the several packages
already an;ursed to, lying with the address or name
of " Brown" upon each. There were in ill sixteen
packages. ( rne Witness was here shown two of
these cards rt :Wilier, and said Le thought they
were the same he bad seen upon that occasion.)
He waited at the Whart'. till Mr. Bullock came,
and heard him claiming the goods, having brought
teen to take them away. l'he Warless immedi-
ately took him ia.o custody. The Prisoner. upon
this, said he had go: a proteetion from the Commis-
sioners. ('l'be witness was here sheen the paper
produced upon that occasion, and swore that it was
the same he had formerly seen. It was dated
April 14, 1607, and the Commissioners then in
Court also proved it to be false). He found upon
the Prisoner a receipt or bill of lading, for sever-
teen packages, stated to be marked as upon the
margin thereof. The Prisoner then went by
name of Brown at his lodgings. The Witness rut
a seal upon the packages, and lodged the Prisoner
in the To:booth. at Leith. Bullock told him that he
had left London upon Saturday, the lath of July.
shoat tour o'clock in the afternoon, acd had arrived
at Leith upon the Wednesday following ; end also
stated, that the packages were, in all, only about
501. or 601. in value. When they arrived in town,
he asked the Prisoner what he had done with the
money, which it was known he had had at a Bank-
er'l? and he, Bullock, told him, be had left 4:301. at
Leith.

Mr. Griffin Jo7.es, a redos...l Army Officer, szid,
he bad been acquaiate•J with Mr. Bullock; thr
Prisoner did not owe him any sum of money, except
a tew trilling advances made to him at Coffee-
houses. In the months of May and June last. he
(the Witness) lived in Dartmouth-street, West-
minster, where he saw the Prisoner very frequttly
as a friend. Walking one day together, Bullock
mentioned something to him about his affairs, and
as he (Witness) perceived he was e;zbarrassed, he
did not wish to hurt his lettings with any observa-
tions. The Prisoner mentioned, that be had once
owed him 10001. and bad paid him honourably;
and the Witness understood by this that he (the
Prisoner) warned a charaeler from him, should
any inqtrries happen to be made concerninik him.
he did not know a person of the name or f'i•
zabeth Jones, a Jrns-maker, in Band-street. he
Prisoner had never made my payments to the Wit.
ness of 53v1 24J01.. and '3701. as he had latterly
stated.

Mr. Thos. Wild, • wine-merchant. deposed, that
the Prisoner had twice appliel to him to borrow
money, and that be had lent him, upon two occa-
sions. two separate sum, of 40v1. upon the security
of several puncheons sit rum. He knew of his
bankruptcy.. and attended a meeting of his credi-
turs in August, 1806, when the Primmer produced a

•
o
•

S

schedule of his affairs, and there thee appeared a
. balance of 40001. us his favour. He gave the
drifts for the sums so lent him to Wall ice, his
clerk, who wrote thereon—" Prescott and Co."
Richard Mar den, Clerk t t Messrs. Wild. saw the
drafts given to IVall.!ce„ the Prisoner's clerk. He
proved the hand.writing ; and another Wituess
proved their payment.
Mr. Kelly, a clerk in the Bank of Friglsnd,
proved that the Prisoner had an account at the Bank,
and that the last check he drew upon it was upon
the Sth of May, for 5001. leaving a small balance.
For this sum he gave bins an order upon the Bink
Note Pay Office.
Mr. Bryant, the traveller for the Prisoner, proved
the above check to be. in the Prisoner's hand-
writing.
John Drury, another clerk in the Bank, received
the said check, posted, and entered it upon the hooks.
A third clef k stated, that he paid Ow Prisoner the
3001. with a Bank Note, for that sum, dated tLe
vet)) d.ty it was issued, and numbered 1563.
o,,,nvis Farquhar, Esq. a partner et the house
of I form, Farquhar, and Co. }linkers; in St. James's-
stre-t, deposed, that the Prisoner came to tit,ir
11,illse on the 14th of July, and in a back town said,
be was come from the country, and wished to open
an account with them. He wrote his name in their
firm book, designating himself "J. Brown, Chapel-
street Park lane." He then left BJOI. ; viz a Bank
note of .SCOI. dated Bth May, and numbered 1363,
and a note for 3001. dated •21st Apt il, and num-
bered 098, for which the Prisoner gave him a re-
ceipt, and he went away, and be never sale him
afterwards.
William Smith, Clerk to Harris and Co deposed
as to the sum of 5001 being so left with that bouses
and as to the Prisoner drawing three checks ip .n
the Mb, 16th, and tbth July, for three sevensl
sums, by which the v. hole deposit so lately made
was exhausted, and ti e account clued four days
after its commencement. All this was done by the
Prisoner under the natue of Brown, who said be
was going out of town, adding, he was sorry he
had so short an Aeccunt with them, but w►en he

returned he would gee them a lift.
Mr. Malcolm Cockburn said, he was present at
the opening of the several packages, and stated the
several articles of plate that were found therein,
amounting to sticz. cf silver.
This Witness produced a list of the articles ; but
game he appeared to have been called for the
purpose of .ascertaining their value. he could net
speak positively concerning the value of any one ar-
ticle.
The three Assignees severally pre ved. that the
bankrupt never surrendered to them any of the sums
of money spoken of during the trial.
The Prisoner was then called upon for his de-
fence* when he, takirg up some memorandums
•whicb he had previously prepared, apparently with
considerable firmness and contidet,ce, addressed
their Lordships and the Gentlemen of the Jury, in
a speech, of which our limits will only admit el our
giving the substance ; he regretted that the r s;aerte
of law did not allow his C.ulsel to speak in his
defence, that task, pethaps very unforturiAtely for
him, devolved upon himself, as a man like him,
alt,gether unaccustomed to speak in public, almost
wholly unacquainted with the law, and unable to
rolled his thoughts, must necessarily be at a loss
bow to do his cause justice. The state of his mind
too must also of cco.use have some weight in de-
trafting from the powers which even he. under such
circumstances, might possess. lie flattered him-
self, however, tat while lie addressed a Jir y com-
posed of trio:let:nen, like himself, any thing that
'might be omitted, tending to his defence. would
not be forgrtren by them. It was not perhars
of their notice, that he stood. charged
with the breach of an Aft of Parliament,
not the ancient law of the land, hut one

which wit of modern. date, and might be thno-
rninated severe, nay, even bloody, ar.d exireniely
partial They (the Jury). all got their Laing by
thelu•iness of buying and se.ltng, and Own:role
that Aft was applicable to them alone, as !Ailing
under that description ; while any other set or men
might buy agmuch goods from them as they pleased,
and use them in the payment iii any manner thi y
might think proper, no criminal cons• quinces at.
taching to them. for they might 'stately go to
prison and lire upon the .ndostrions trader's pre-
puty. Under such circumstance-, it appeared
hard, that while they were 'll'j:et to such losses,
they should at the same time he liable to such
extreme penalties, is Or), were Inland in the en-
joyment of even the small suns of twenty pounds of
their own property. In regird to tae motives which
had induced him to act as he had done, he should
not 'go into particulars, but simply state, that he did
not cons:der himself insolvent. He was rot await
that any A. 2 of Bankruptcy had legally been issued
against him. and thisopinion was supported by that
of his respedahle Solicitors, Messrs. Cowper and
Law, of Southampton-Buildings, Chances y-lane.
In this conclusion, he ennsiacred himself jintitied by
the manner in which that Commission was declared.
The creditor of a man zdiilJ be no legal evidence to
establish an Aft of Bankruptcy ; but. in this case,
so other person had !leen called to substantiate it,
but a person oho, at the second meeting ut crests.
tors. hid sworn to a debt of 1601. It iherefoie °c-
entred to him, that. if the Commission tors issued
illegally, every preeqeding upon it mast necessarily
also be .Regal, and it was under that conviftion be
refused to awead some of their meetings. When he
did attend. tie. had done it conditionally, ar.c! sold
the Commissioners' and the creditors, that he was
not insolvent, having at that time committed no .o
of Bankruptcy. The only answer, however, cc re-
ceived, was, that he bad an alternative but eitlizr to
submit or to go to Newgate. This drove him Irum
place to place, in order to keep cut of Usti; w.sy,and
with rasch persecution, avid in snob a state of mind,
he could be but ill calcul lied to give a consistent ace
citir.t of his affairs. When he did submit to an ex-
amination, he was notaware that so mush would at-
tach to it, while he still considered himself solvent.
Every time he atte, sled Isis credi:oe% found new
difficulties and hardships were imposed upon him,
objet was noose lot the sale
Net nil property. It was
an A.t of Parliament, but
they ailed ; and en tar
deinelination to account to
ist wish to sla so ; and in

ennfirmation of this, he showed no resistance when
apprehended in Scotland. Considering himself info."
eery, be telt it hard. that he should, by remaining;
submit to .t long imprisonment. instead of hiving an
opportunity of gaining a livelihood fur his wife and
wilily. and aged parents. When be went to Scot-
land, he had it in view to return soon, and render
bail for his debts. Had he aced otherwise, he con-
ceived that his whole property would have been
squandered away in lawsuits. Such was the view
he had taken of the ad of bank: nptcy declared
against him, and with these observations, after
eating a kw witnesses he had to bring lorwaid.
he should leave bis cause in the hands of a Jury,
from whom he had no doubt of receiving impar-
tial justice.
Before producing any further evid.:nce,
Mr. ALLAY, the Prisoner's Counsel. resumed his
former objeCtion, and argued it at considerable
length, stating various cases which he conceived ap-
phr ib e to the occasion.
Ito Learned Ju miss severally gave their opi-
nions, which completely overruled it.
Mr. John CIIA lot. a Clerk in the Bankrupt Office,
stated, teat a elt.cket was struck against thej Pri.
saner, on the 30th of July, 1806, by Messrs. Cooper
and Son, and notice was soon afterwards given, dial
they did not mean to aa upon its aid no instruelions
were given to do 4.
George Wallace stated. that be lived from the
20th of July, 1806, a servant to the Prisoner, and
that be bad a claim against him for WI. for
which he had lodKed an attachment in the Nlayor's
Court. He remembered the docket being struck
against his master on the 30:h of July, 1836. and
of his keeping out of tie way to avoid beirg at-
rested. Many came to inquire for him, but the
answer was, that he was in the country.
Cre,r-wearaerl.--...He entered his attachment
under the idea that the Commission of Bankruptcy
would be set aside, so that he might get the money
due to him. Ha was the head-partner of the firm
of Wallace. Lang, and Co. who succeeded Mr.
Bullock, in his business. Lang was Bullock's porter.
and the other partner was the Prisoner's so.. a child
of only six years of age. Atkinson was the Psi-
sonur's nephew ; but the Witness could not state
what that young man's age wait lie never knew of
Atkinson receiving any wages, excepting trifling
sums, although he aced as his porter or servant.
They gave the Prisoner accepted bills to the amount
of 20001. for the business to which they succeeded.
The Witness was only 20 year 6of age in September
last.

Mr. Mark Lacoie said, that he had had some
negoclation with the Prisoner, for the sale of his
srock'in trade, for a friend of his in the country, but
slay did not apes.
Mr. Lowe, the Solicitor, deposed as to the docket
havtrig been struck against the Prisoner by his
Parsner'ir coders, when h,.. the Witness, was out of
town, at the desire of the Prisoner's nephew, and
ht did not see the Prisoner till the month of June
last. Mr. Lowe did not know who this petiti. sung
co ditor was.

Here Mr. Gunnar, for the Prisoner, said be
could prove Atkinson to be a minor, only tb years
of age, and he called a Witness, who produced a
certificate of his age, found in one of the packages.
This, however, was objzeted to, and nut received as
evidence.

Mr. Justice HILATII then summed up the evi•
deuce most impat.ialty ; the Jury retired for the
apace of five minutes, and returned a verdia of
Ghi!ty against the Pri.otier ; who upon bearing his
f.t.il d ,um, retired t :silence from the bar, considei-
ably affcaed, he having apparently all along en.
'et-rained considerable Lopes of an acquittal.
The Prisoner is a setpeaahle looking man,
shoot yeats of age. 'the trial lasted from ten
o'clock tilt four in the afernoon.

mia:cuities ana narasnms
so that Ise saw their obje
of persecution. data to Km
not for the breach r f an
from a min.:helot* sp
trom his 'hewing any di
kis crediting. it via:. Itis Lai