The Sun.
London, England, 1863-07-28 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JULY 28, 1863.

LAW INTELLIGENCE—This Day,

COURT OF BA.NKKUPTCY.
(Before Mr. Commissioner Holroyi.)
IN RE COLONEL WAUGH.

To-day was appointed for hearing the application of this
bankrupt to be discharged from custody.
Mr. Roxburgh and Mr. Sargood appeared for the bank
rupt. Mr. Roxburgh said this was an application made by
Colonel Waugh for release from custody.
The bankrupt, it will be remembered, was arrested at the
suit of an execution creditor, and then detained at the suit
of the official manager of the Eastern Banking Company
for a sum of £50,030, on a promissory note, dated the 19th
of November, 1856, payable at four months after date, and
interest thereon, at the rate of £5 per cent, per annum, un-
til paid.

The learned counsel said that the execution creditor had
signed a discharge, and therefore it was unnecessary to say
anything on that point, but he had to address himself to the
detainer by the Eastern Banking Company. He stated
that the capias was not issued until six years and six days
after the date of the promissory note, but although that
proceeding was issued so tar back as March last, they had
never proceeded to a declaration, no doubt feeling that
if they did so, the statute of limitation would be
pleaded ; but as they had not done so, he had
been debarred from having the question tried as to his
liability, and except by the exercise of the power of the
Court to water the discharge, the bankrupt would neces-
sarily remain in prison until the latter end of October,
when he would come up for his last examination. He
submitted it was a case in which the court had lull power
to order the discharge, for the bankrupt was not in custody
on any execution or judgment, but only on an affidavit made
that £50,000 was due, at :d the bankrupt could not give bail
to the extent of £lOO,OOO. He avowed on the part of the
bankrupt that he did not shrink from the fullest
inquiry, and denied that he had borrowed any
money from the banker without ample security,
which the company might have realised. He also urged
that the health of the bankrupt would be most seriously
affected by any longer incarceration. He then call d
Mr. Wm. Jones, a physician, who gave evidence to that
effect.

Mr. C. E. Lewis then proceeded to address the Court in
opposition on behalf of the Eastern Banking Company, but
Mr. Roxburgh contended that Mr. Lewis had no locus
standi, as the company was not a judgment or execution
creditor.
Hi, Honour concurred.

Mr. Linklater then opposed for the assignees, and Mr.
Roxburgh objected to his being heard, as the assignees were
in no way parties to the detention of the bankrupt, as they
were chosen long before the proceedings were taken by the
bank, and they were not entitled to take up the opposition
of an individual creditor.

His Honour, however, held that, according to the prac-
tice of the Court in all cases where there were assignees,
hey were always asked whether they had any objection ,o
the release.

Mr. Linklater then took an objection, on the ground that
when a person was in custody under the order of a judge
of a superior con, t this Com t would not order a release;
the assignees, however, would not object if the bankrupt
would give substantial bail not to leave the country, and to
attend on all occasions when called upon until he pas- ed his
last examination. He then called Col. Waugh with a view
to show that the bankrupt had joined the bank as director
without capital, rind that he had incurred a debt to the
extent of £24,000, and he urged that the bankrupt ought
not to be discharged until he had given a satisfactory account
of this very sum of money, and also of some mines in Spain
with which the bankrupt had been connected, and in which
the creditors claimed an interest.

Mr. Roxburgh complained of the statements by Mr,
Linklater, which would go forth to the public without
Colonel Waugh having any opportunity of answering; and
he objected to a general examination of the bankrupt,
which he could not be expected to be able to answer with-
out books or accounts.

His Honour held that Mr. Linklater was entitled to
examine any point which could affect the question of
discharge.

The examination of Colonel Waugh was then proceeded
with.

After a long discussion, his Honour refused to discharge
the bankrupt without two sureties in £2,000 each, and him-
self in £4,000. He was taken back to prison.

POLICE INTELLIGENCE—This Day.

WESTMINSTER.

IMPUDENT ROBBERY.—Henry Brayley, a rough-looking
fellow, was placed at the bar before Mr. Arnold, charged
with stealing three coats and other articles of clothing, the
property of Mr. Henry Lamer, builder, Chelsea.

Charlotte Hatfield, servant to Mr. Lerner, said that yes-
terday evening the prisoner came to the side door of the
house and asked if Mr. Lerner could give him a job. He
was told to wait in the yard, which after a little while he
did, and then came and knocked at the area door, and was
again informed that it he wanted day work he must rernair.
Shortly after that she saw the prisoner coming from a
greenhouse with a bundle in his hand, and she knew that
he must have been upstairs in some of the bedrooms. She
stopped him, and found that he had two coats in the
bundle and some other wearing apparel, and had put
a third coat on his back. The property had
been safe only two minutes before in Mr. Lar-
ner's bed-room, and when prisoner found himself
detected by the servant, he threw down the bundle, stripped
off the other stolen coat, and then took to his heels.

A policeman said that he was attracted by a noise of per-
sons in pursuit of the prisoner, and saw him running at
full pace, calling out lustily, " Stop thief," and followed by
others, who were also crying the same. As the prisoner
was the foremost of those running, witness seized and se-
cured him, when accused endeavoured to persuade him that
it was a mistake—that he (prisoner) was not a thief, but a
person who had been robbed, but witness refused to let him
go.

Prisoner—l am guilty; it is no good denying it.
Prisoner was remanded for a week.

MARLBOROUGH•STREET.

UNFOUNDED CHARGE OF FELONY.—John Chivers, a
tailor, living at 19, Bridge-road, Belgrave-road, and who
has been in the employ of Mr. Poole, tailor, of Savile-row,
was charged before Mr. Trywhitt with stealing a purse
with violence from the person of a poor woman named Ann
Milage, residing at 14, County Terrace-street, New Kest-
road.

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the accused.
The prosecutrix said she was passing along Oxford-street
towerds the Regent circus, and when between Woodstock-
street and the gates in Oxford-street she weat into a shop
to buy her child a cake. On coming out of the shop the
prisoner came up to her and struck her, and then walked
away. He presently returned and made an attempt to strike
her, and seized her I,urse, containing 3s. 6d., and ran off in
the direction of the Regent-circus. She walked on, and
when outside the Dolphin public• house, and when asking a
young man standing there when the Atlas omnibus would
come up, the prisoner came out of the public house and
msde an attempt to strike her, but was prevented by the
young man, and she then got a policeman and gave the pri-
soner in charge. _

Edward Thorne, a clerk, living in the Harrow-road, said
that the female spoke to him about a Camberwell omnibus,
and observing that she was crying, ho asked her the cause,
and she said that she had been robbed by a man who had
run away. While he was speaking to her, the prisoner,
whom he had seen with another person in the public-house,
came out, and the woman having said something to him,
the prisoner tried to strike her, but he (witness) prevented
him.

Mr. Lewis addressed the magistrate on behalf of the
accused, stating that on seeing a female crying he came
out of the public-house to see the cause, when the woman
pointed him out immediately as the person who had robbed
her, and he then naturally felt very indignant at the charge
made against him, he being a respectable man.
Mr. Lewis then called a person named Smyles, in the
employ of Mr. Poole, who said that he was in the public-
house with the accused, having gone into the house from
the direction of the Regent-circus, and having never lost
sight of the accused for some time before the time the pro-
secutrix stated the robbery took place.
Mr. Tyrwhitt said he had no doubt the poor woman had
been robbed, but he believed she had made a mistake in the
person, and he should therefore discharge the accused.
The accused then left with bis friends.
EMBEZZLEMENT AND ROBBERY.—John Fry, groom to
Mr. Philip Augustus Barnard, artist and lithographer, 131,
Regent-street, was charged before Mr. Tyrwhitt with em-
bezzling money received on account of his master, and also
with stealing a saddle, bridle, and a quantity of other pro-
perty belonging to his master, of the value of B.
Mr. Barnard said the prisoner was in his employ as groom,
and decamped on Saturday last, and after he had gone he
(Mr. Bernard) missed a quantity of property, consisting of
a saddle, a macintosh, and other articles, and also a gas
illumination star. He also proved that the prisoner had re-
ceived some money on his account, and had never accounted
for the same.

Randall, 388 K, went to the Wheatsheaf Tavern, Par-
son's-green, Fulham, and took the prisoner into custody,
who refused to say where he was lodging. He believed, if
the prisoner was remanded, he !mould be able to trace some
of the property.
Mr, Tyrwhat remanded the prisoner till Thursday.

A SUPERANNUAMD POST-CIIAISE.—It was a
post-elmise taken oil its exletree and whee!s, and
plumped down on the clayey soil among a ragged growth
of vegetables. It was a post-chaise not even set straight
upon the ground, but tilted over as if it had fallen out of a
balloon. It was a post chaise that had been a long time in
those decayed circurnstaLces, and against which scarlet
beans were trained. It was a post-chaise patched and
mended with old tea-trays, or with scraps of iron that
looked like them, and boarded up as to the windows, but
having a knocker on the off-side door. Whether it was
a post-chaise used as tool-house, summer-house, or
dwelling-house, I could not discover, for there was nobody
at home at the post-chaise when I knocked, but it was cer-
tainly used for something, and locked up. In the wonder
of this discovery, I walked round and round the post-chaise
many Utiles, and sat down by the post-chaise, waiting for
further elucidation. Nom: came.—,Dickens's 66 .da tice
Year 40014,,

Mr. Glaisher's Thirteenth Balloon Ascent,

TO THE EDITOR OF THE SUN.

Sir,—Mr. Coxwell having informed me that he
intended to ascend from the Crystal Palace on Tues-
day, July 21, and the weather having changed so
that rain was falling and the wind rising, I availed
myself of the opportunity to investigate some
points on the formation of rain in the clouds them-
selves and its precipitation. My principal objects
may be stated to have been-
1. To determine whether there was another stra-
tum of cloud above that from which the rain was
falling, to confirm the accuracy of Mr. Green's de
ductions relative to rain—viz., " That whenever
fall of rain happens, and the sky is entirely over-
cast, there will invariably be found to exist another
stratum of cloud at a certain elevation above the
former."

2. To examine the size of the drops of rain at dU•
ferent elevqions, as from all results hitherto ob
tained the amount of rain collected in a gauge
placed near the surface of the earth is larger than
in any gauge placed above it, and that the higher
the guage be placed the less water is collected.

3. To determine the temperature of the dew point
in its relation to that of the air below, in, and above
the clouds, &c.

e left the earth at 4h. 52m. pan. In 10 secF.
we wera in a mist, and in 20 seconds on a level
with the clouds. At 4h. 53w. the earth was out of
sigh-. At this time we were 1,200 ft. high. At
4h. 58w., at the height of 2,209 ft., we passed out of
thin rain. When at 2,500 ft., the clouds surround-
ing us were very white, and it was with difficulty
I read those thermometers which had ivory scales.
At 5:1. 4m. we passed above the clouds, and saw at
a considerable distance above us another stratum of
darker cloud. Presently the docks were visible
through a break in the lower clouds.
At sh. 7m. we saw clouds below us moving in a
different direction to that or the balloon, and those
near the earth with great rapidity. We then began
to descend, and at sn. 113 m., at the height of 1,100
feet, scud was below, and the earth was visible with
rain falling fast upon it, though none was falling
upon the balloon. We then ascended, and at sh'
20m. ware 3,500 feet high, but still below the
higher stratum of cloud ; at sh. 22m., at 2,700 feet
high, we entered a dry fog; the grapnel, hanging
by a rope about 100 feet in length, was just visible ;
at 2,600 feet we were in a wet fog ; at 2,000 feet
very fine drops of rain were falling; the clouds be-
neath were black ; at sh. 28m. a thick mist sur-
rounded us, and the grapnel was scarcely visible ;
at sh. 30m. we were in a dense fog. At sb. 31w.
we saw Epping Forest, and heard the noise the rain
made falling on the trees 1,000 feet below us; at
sh. 33m. we again lost sight of the earth, and two
minutes afterwards could see only a small portion
of the grapnel line; at sh. 37m. we saw an open
country, and then were enveloped in mist, and
three minutes afterwards we descended to the earth
in a squall of wind and rain, the grapnel catching
on the bank of a piece of water, and landed with-
out breaking a single instrument.

From the existence of the two strata of clouds it
would seem to be an established fact that whenever
rain is falling from an overcast sky there is a second
stratum above. Last year in the ascent on the Ist
of September I was between two layers of cloud at
the time rain was falling from the lower. These
experiments, therefore, confirm the accuracy of Mr.
Green's observations and deductions.

It would also seem that when the sky is overcast
a ithout rain that there is no stratum of cloud above,
but that the sun is shining on the upper surface.
In every instance in which I have been up under
these circumstances, I have found such to be the
case, agreeing in this respect also with Mr. Green's
observations.

The temperature of the air before leaving was 611
deg. ; at the height of 1,000 feet it was 59 deg. ; it
decreased to 54 deg. at 2,500 feet. We then de
scended. At 2,000 feet the temperature was 55
deg., at 1,400 feet was 56 deg., increasing to 58 deg.
at 700 feet. We then turned to ascend, and the tern-
perwure gradually decreased to 52 deg. at 3,000
feet, increased to 611 deg. on descending to 500 feet,
decreased to 57 deg on ascending to 1,800 feet, and
rose to 611 deg. on descending again to 500 feet,
after which there was no change, and the tempera-
ture on the earth was 61/ deg.

The temperature of the dew-point was half a de-
gree only below that of ti a air before starting; it
was nearly 2 deg. lower on first entering the cloud ;
then there was no difference between the two tem-
peratures while in the cloud, and the difference in-
creased to 3 deg. on passing above it. These obser-
vations were repeated, giving the same results on
every occasion of ascent and descent.
The s ze of the rain drops as they fell on my note-
book before starting was fully as large as a four-
Penny piece ; they decreased in size on ascending,
but our upward movement was too quick, and We
soon passed out of rain. On descending from abov(
the clouds we first encountered a dry, then a we't
fog, passed into that which may be described as
damp, air, or exceedingly fine rain, then experienced
very fine but decided drops of rain like pins' points
covering the note-book ; these increased in size on
approaching the earth, but more rapidly when very
near the earth. The drops of rain oil returning to
the earth were as large as those noted on leaving,
and
rain had been falling heavily all the time we
were in the balloon.

The direction of the wind at the time of starting
was S. by E. ; at the height of 2,200 ft., we fell in
with a S.W. wind. At sh. 7m,, at the height of
2,3001 t., the clouds beneath moved
with great velo-
city, and in a direction different to that of the bal-
loon. At sh. 9m., at the height of 1,800 ft., we
seemed to be going back ; certainly
our direction
was changed. At sb. 33m. 30sec., at the height of
about 1,000 ft. the pressure of the Wind was
felt against our faces, and then we changed direc-
tion, and again at sh. 37m., on rising at the height
of I,looft. the wind Pressed strongly against the face,
at both these times the balloon must have been in
one current and the car in another, and
they are the first instances in which I have been
sensible of any wind in the balloon. At sh. 39w.,
at 800 ft. above the earth, we again changed our
direction on entering the lower current, which was
strong and gusty. Our place of descent wes about
25 miles, in a straight line from the Crystal Palace,
performed in about 53 minutes.
The horizontal movement of the air at Greenwich
by Robinson's anemometer within the same inter-
val of time was about six miles.
The place of descent was Claverhambury-farm,
about five miles from Waltham Abbey, and we have
to thank Mr. Shepherd for his kind assistance. We
were accompanied by Captain Woodgate, Mr. F.
Norris, of the Conservative Club, and Mr. Birk-
beck, of Reigate.—I am, sir, &c.,
Blackheath, July 23. JAMES GLAUBER.

SECOND EDITION.

SUN OFFICE, HALF-PAST 4 O'CLOCK.

SPORTING • INTELLIGENOE.--This Day.

GOODWOOD RACES—This DAY.

EY ELECTRIC TELEGRAPH.

CRAVEN STAKES.

Gunner • .
Waterwitch
Bosh
Five ran.
HAM STAKES.
Mcastissima filly
Walloon .
Mirage
GRATWICKE STAKES.
elmrior
ZApatendo

Three ran.
STEWARDS' CUP.
Birdhill
Entremet
Dolphin
Twenty•nine ran.