The Sun.
London, England, 1852-01-22 00:00:00

THURSDAY EVENING,

LAW INTELLIGENCE;
COURT OF QUEEN'S .SENCH, Jan. 21.
BUSINESS OF THE COURT.

Lord CA M ;BETZ gave notice th at the Court would
on Monday, the 2d, and Tuesday,. the 3d of February,
hold sittings in banco out of tern t, and would do the
same on Monday, the 9th, and T uesday, the 10th of
February; and would likewise sit in banco on Satur-
day, the 21st of February- On Oat t first of these days
the Court would take the coon try new trials, and
then the Crown and the specie 1 papers, and such
cases as might be selected. On Saturday, the 21st
of February, the Court would sit to give judgments.

COURT OF EXCHEQej ER, Jan. 21.
(Sittings in Ba)wco.)
FELL V. GOSLIN AND ANOTHER.
This was a demurrer to a declaration; and the
question which arose upon it
whether a guaran-
tee which it set
out, and in :respect of which the
oi;.nt obligation on the
action was brought, raised a j
part of the defendants, or wheth wits effe..t was only
to create a several liability, in the latter of which
events there would be a misjo'n tder, as the plaintiff
had sued both the sureties. Tbl expression in the
quce tion arose is as fol-
lowsguarantee upon which the
:—" We undertake to guara utee that the 4001.
shall be duly paid to you (the plea utiff) when the said
acceptance shall become due,
a the proportion of
2001. each."
Mr. Wiles appeared in Support of the demurrer.
The CouRT, without hearing hi; n, called on

Mr. IV in auppoz tof the declaration,
whoargued oathat
w u ,obligation
raised by the gua-
rantee was joint, and relied on Byers v. Dobie," 1
H. 81., 206.
The CHIEF BARON distinguisht id the case from that
relied on. The question was,, what the parties
meant ? He had no doubt the defendants meant to
indemnify.thepalarit.n tiff as to the whole, by each
guaranteeing a p
Judgment for the defendants.

COURT OF B A—N
KRUP TCY, Jan. 21.
(Before Mr. COMMiSSiOIIer FONBLANQUE.)
IN RE CUMMIa 1,.
The bankrupt, a bookseller i a Lamb's Conduit-
street, came up on the question of certificate. The
accounts were over a Period of f ray and a half years,
and showed that the bankrupt, • rii ho had commenced
with a capital of 1,1861., and lia d since received a
legacy of 4641, now owed to Unsecured creditors,
2,9261 ; secured, 1,1751. The ..sets, including pro-
perty in the hands of creditors, it mounted to 2,047/.
Mr. LAWRENCE supported the bankrupt.
Mr. IlunnAnn, for the assign e. s, stated that the as-
signees did not oppose, but he w a uld call attention to
the fact that the assets were la me, notwithstanding
that large sums had been expended, for discounts, and
there WAS about 2,0001. of debts owing to members of
the bankrupt's family.
His HONOUR said be did not we anythink like un-
avoidable loss or misfortune in the case before the
court, for the bankrupt's tradis I,‘ appeared to have
been reckless, and a bill-book,
he bail not e van kept
although he had had bill tra n sections to a large
amount. Looking then to these circumstances, the
certificate would be suspended for six months from
the last examination meeting ; when granted to be of
the third class.
The bankrupt would, however, have
protection.

IN RE WHITM, Y.RE.
This was also a certificate r oteeting. The bank-
rupt, Pascoe Whitmore, of Church-street, Hackney,
draper, commenced with a capital, on the Ist January,
1850, of 5631,, and ended witia debts to the amount
of 1,0211.,
to meet which there was about 480/. of
assets.

Mr. LAWajiz
..., .._ __
CB suppertecl the plaintiff's appli
cation. _

la. PRITCHARD appeared for the assignees to op-
pose, and having stated the grounds of complaint,
including the obtaining by the bankrupt of a large
quantity of goods shortly before the bankruptcy, and
the indulging in railway shares and horseraeing, called
the bankrupt.
The bankrupt deposed that he had dealt in Great
Northern, Lancashire and Yorkshire, and other rail-
way shares ; he had lost 241. in one day on Leeds
fifths ; he did not deny having made some time bar-
gains.
His HONOUR observed that it bad been held by se-
veral of his brother Commissioners that the penal
clauses respecting gambling did not recognise losses
by railway shares as gambling.
The further examination of the bankrupt admitted
that be had lost 51. on the Northumberland Plate, 51.
at Goodwood, 51. on the St. Leger, and 8/. in one
day at Hampton races. Being liable on some bills to
the amount of 2501. in the hands of Messrs. Barnett,
Hoare, and Co., he had called his creditors together,
his estate allowing 159. in the pound.
In answer to Mr.‘LAWRANCE,
The bankrupt said that his betting was amongst
his friends, and was generally " he would bet 51. on
or against the field." He had only been once to the
races—that was Newmarket.

Mr. PRITCHARD said that the bankrupt's purchases
had been larger than usual in March and April last,
and he had endeavoured to excuse himself by saying
it was in anticipation of the Exhibition ; but he (Mr.
Pritchard) felt that such an excuse would not weigh
with the Court.
Mr. LAWRANCR con tended that the bankrupt had
in no way indulged in gambling, and that what he
had done was done by gentlemen in a much higher
pc sition—viz., to make a few private bets.
std.chtheprboapneknsity
bankrupt had mixed in horse-
he would have been
in a more
racllinisg,HNb°ut°fuit
worfavourable position, and railway shares ;
and whether a man won or lost by betting, the prin-
ciple concerned was the same. With respect to the
M
purchases in‘ ay and Appl last, the Court did not
think that they had been increased in contemplation
of bankruptcy ; if, with that view, they had been in-
creased, the Court
.would have marked such a course.
The gaming was disreputable in a trader, and must
be visited heavily. Credit would be given the bank-
rupt as to the statement that the purchase of goods
had been larger n anticipation of the Exhibition, all
persons, particuliarly drapers and dealers in articles of
display, expecting
.to do a large trade about that
period. A fact creditable to the bankrupt was, that
finding himself unexpectedly involved in difficulties
he had called his. creditors together, and put himself
under the protection of that Court when he had
assets. The books had been imperfectly kept, and
the certificate would be siispended four months from
the last examination meeting ; when
granted to be of
the third class, with protection in the meantime.

MIDDLESEX SEssioNs,
Jan. 21.
(Before Sergeant ADAMS, Assistant-Judge, at
.11Ir.
.;
the Guildhall, It esteninster.)
The Court sat cFsin to-day at Westminster, to
dispose of the remaining appeals.
Edward liamsny surrendered in discharge of his
bail to appeal against a conviction of Mr. Pay rater for
endeavouring to procure a charitable contribution
under false pretences from Mr. Heald, the husband
of the celebrated " Lola Montes.,,
i
Mr. Cockle appeared in
support of the conviction ;
Mr. Rebton for the defendant.
Upon the case being called on,
Mr. COCKLE wished it to be postponed, on the
ground that a principal
witness for the prosecution
was then in Italy.
The Learned Juno
j 3 inquired whether he was pre-
pared with an affidavit to that effect ?
Mr. CociLLE said he held A Mr. Ballantine's brief,
and was not prepared
should, therefore, leave
With such an affidavit. He
the matter entirely in the
hands of the Court.

.........
The_ Learned dune °aid it was a very strange
proceeding.
.Mr. BC!wine had yesterday mentioned
the case, which had been postponed till this day to
meet the conveni
inti-
mation of the parties concerned ;but
he had neither directly nor indirectly given any that the e
-00 could not come on in conse-
quence of the absence of a material witness. .
The Magistrates on the bench concurred in the
observations, that had fallen from the Learned Judge.
. Ihe Learned :r
tive but to quashu UDC E said the Court had no alterna-
accordingly. the conviction, which was quashed

POLICE INTELLIGENCE,
Henry Croni
MANSIOIV-HOUSE.
well, charged with having committed
agreat number of frauds upon wine merchants and
others, was brouht before the Lord Mayor for fur-
ther.
examination.
. The justice room was filled by
the victimised and the inquisitive before the prisoner
Nas put to the bar. The following new cases, the
dv
etails of which were frequently interrupted by
laughter, were brought forward :
, William Henry Aleoen, clerk to Mr. R. C. Mea-
aen, of No. 35, walb •
ok, wine merchant, said—On
the 28th or 29th ofNro°veafber the prisoner called at
our offices and asked if our brandy, gin, and rum
were good, stating at the same time that he had been
in the habit of getting very good from Mr. Alexander,
who had formerly' occupied the premises. I told him
we had a large" untiy
t of Mr. Alexander's stock,
and I could answer for its being very good. He then
commenced giving a very long order. He
I-.
su
said he
ould want a hogshead of pale
and
- a hogshead of brown brandy, a hogs-
head of
Part, a hogshead of sherry, 30 gallons
of whiskey, 60 or 100 gallons of gin, a puncheon of
Jamaica rum, a puncheon of Demerara rum, six cases
of champagn, and 15 or twenty dozen of fine old
crusted port at 48s. or 505. a dozen ; and he gave his
name and address Henry Cromwell, 15, Seymour-
street, Euston..,qunrc. Ile then asked me for sam-
ples of the various spirit, and a bottle of port and a
bottle of champagne as samples of the wine. I gave
him samples of spirits, but I refused to give him the
port and charnp ,
a
(me as I could not find his name in
Mr. Alexander's lint. He said he always paid Mr.
Alexander cash, and his name was never entered in
the books. I said it was strange his name was not
in the books, as Mr. Alexander kept his books in a

business-like manner. He observed that he had paid
Mr. Alexander 700/. in two years. He then agreed
to call next day, at three o'clock, to take away about
50 gallons of gin. As soon as he went I visited Mr.
Alexander, at Kensington, and learned from him that
he knew nothing at all about the prisoner. At the
appointed time the prisoner called next day, and
made him out the bill for the gin. He said be had sold
a few more things, and that he wanted more and larger
samples. I then told him I could not let him have any
more samples, as I had seen Mr. Alexander, wbo
knew nothing at all about him, and I began to cross-
question him. He said that it was through customers
that he paid that gentleman; but when- I asked him
their names he told me if I would open Mr. Alex-
ander's book he would show me plenty of them. In
a week he called again, and asked me whether my
brother was going to execute the orders. I said,
"Riot without the money." "What," said he, "do
you think people are such fools as to pay without
knowing what they are going to have ?"
The LORD MAYOR—Did you give him the samples
upon the representation he made, that he had paid
money to Mr. Alexander ? Witness—l did.
The prisoner—What incomparable lies he tells !
Give him the book. Let him be sworn.
The LORD MAYOR—He is sworn.
The prisoner—Very well. Now tell me, do you
keep a traveller ?
The LORD MAYOR told the witness that he was not
obliged to answer that, or any other question which
was irrelevant to the charge.
The nrisoner—l luk no irrelevant question: It is
my wish to show what these wine merchants, or wine
doctors are. I have one answer for the whole of
them. Is it not usual to get up samples to give to
travellers for what is called the wine business ?

The LORD MAYOR (through Mr. Goodman, the
chief clerk) intimated to the prisoner that the general
mode of conducting business did not bear upon the
question of his guilt or innocence.
The prisoner—l require to be answered. Your
Lordship is judging me without hearing me. I am
able to rebut all this kind of accusation • but you
allow a swarm of hornets to attack me, and deny me
the opportunity or means of defence.
Mr. Goodman—The Lord Mayor is anxious, for
your own sake, that you should not make statements
calculated to aggravate the character of the charges
against you, and elsewhere operate to your prejudice.
The prisoner—l thank his Lordship very much,
but I want to trace the usages of the wine trade for
the information of the people. I say it is the practice
to. make up samples for the sale of all sorts of rubbish.
1 know all about it. They put a V upon a sample
bottle, intimating that the article is " vapid," and they
tell the simple customer that it means the " vintage.
--(Laughter.) I have seen their way of wine
melting. I know how they strain the puddings.—
(Great laughter.)
The LORD Mayon—You are doing yourself no
service by this mode of abusing gentlemen because
they charge you with having defrauded them.
Mr. W. Alexander, of Horndon, Kensington, said—
I disposed of my business to Mr. Meader. 1 had
carried on business in Walbrook far nearly twenty
years. I never saw the prisoner before, and never
received a farthing from him, either in the way of bu-
siress or any other wtty.
The LORD MAYOR (to the prisoner)—Do you wish
to ask Mr. Alexander any question ? The prisoner—
No ; I know nothing about him.—(Laughter.) Now
I deny the charge of this queer fellow altogether.
This case has been regularly bolstered up. All my
accusers have concocted the matter. It is well known
that in every department in London where travellers
are kept, whether upon salary or commission, firms
are in the habit of supplying them with samples of
the goods they wish to make sale of. Now, if a tra-
veller be upon a salary his time belongs to his em-
ployer. If he be upon commission then it is not the
custom of the trade to require him to bring back the
residue, or ends or bottoms of the samples left after
tasting. The person who sells upon commission has
to pay his own expenses out of his own pocket, and
for wear and tear, unless he succeeds in making a sale,
in which case he gets something like remuneration by
way of commission. Now, could it be expected that
a commission agent, not being a paid servant, should
bring back the bottles ? No respectable house would
think of such a thing. Now, to my positive know-
ledge it is the practice of many of those who call
themselves wine merchants to use travellers as news-
papers for advertising all sorts of trash.—(Laughter.)
The LORD MAYOR—I advise you to change your
mode of defence.
The prisoner—lf they play at bowls shall they not
have rubbers ? Here they ail come down upon me
with false charges, and shall I not retaliate by telling
a little truth ?--(Laughter.) All these samples were
given to me for the express purpose of trying to
effect sales for the parties. I have always tried to
sell, but I found it impracticable, on account of the
immense difference between the value and the price.
Now, there is an order, and the money ready, if be
chosen to take it, for Mr. Harper, who was here the
other day. As for the rest of my accusers, you may
put them all in a bag and shake them up well to-
gether.—(Laughter.)
Mr. Reader, of the firm of Reader and Howard, of
the Neptune Brewery, to whom the prisoner referred
Mr. Clay, the wine merchant, as stated on a former
examination, attended, and stated that the prisoner
never had been in the employment of the firm, and
t'brecwomerals
never bad been authorised to refer to the house.
Mr. Goddard, the solicitor, appeared to charge the
prisoneref with embezzlement, beaznedlecmee.n,
house ,itvetehdileupionn
the
e
employment of that firm. He said that the prisoner
had upon one of the occasions in which he had
appropriated the money of his employers shown
great adroitness. A beer-shop keeper, who dealt with
Messrs. Larchen and Co., had paid the prisoner 51.
for the firm, and was requested by Mr. Larchen to
give the defaulter into custody of a policeman. The
customer once met the prisoner in the City-road,
and accordingly collared him, and called for the
police. The moment, however, the officer appeared,
the prisoner turned the tables upon his accuser,
charged him, and had him taken before the magis-
trate at Clerkenwell Police-court, when the unfor-
tunate beer-shop keeper was fined 403. for the newer-
rantable attack upon the gentleman.—(Laughter.)
The prisoner was then committed for trial upon two
charges, but remanded upon several others for some
days.
There were, the police-officers stated, 20 other cases
in court against the prisoner ; but he very coolly said,
that he could look down with dignity upon the whole
set of fellows who assembled together in so base a
conspiracy against an innocent and honourable man.
.Remanded till Wednesday next.
GUILDHALL.
Mr. Lake, a straw hatmaker, of Aldersgate-street,
appeared before the sitting alderman to expose a novel
mode of swindling, of which he had been made the
victim. At this time of the year tradespeople are
sending in their accounts. Some parties watch the
messengers, and as soon as they have delivered their
bills call at the house and ask for them back, under
the plea of a mistake having been made in the ac-
counts. By this means they obtain the invoice, and
also the name of the tradesman by whom it has been
sent. A. few days since he sent his porter with a bill
for 61. to Dr. Bennett, of Finsbury-square, and
shortly afterwards a man called there and asked for
the bill back again, as there was a mistake in it which
should be corrected. He obtained the bill, and in the
evening a man, dressed like a butler, called at Mr.
Lake's house to pay Dr. Bennett's account, and pro-
ducing a cheque for 121. 103. drawn in that gentle-
man's favour on the Devon and Cornwall Banking
Company, at Newton Abbott, and signed Richard
Hayes, no difficulty was made in giving the balance
to him. The cheque was presented in due form,
when it was returned from the manager of the bank-
ing company, stating that no such person had an
account there, and that only a short time since another
cheque, signed by the same party, had been presented
there:
Mr. Lane was advised to give information to tee
police, and endeavour to trace the man who had
brought him the cheque.

BO 6Y-STREET.
Yesterday a young man named Alfred Cowne, who
described himself as an assistant to a soda-water
manufacturer at Walharn-green, was placed at the
bar before Mr. Henry, charged with obtaining money
by means of forged orders for the Adelphi and other
theatres.
Serjeant Bashford, .5 F, said that having ascertained
that a shopkeeper in Clare-market had purchased an
order from the prisoner on the sth of D4cember
which turned out to be forged, he met the prisoner,
and, after taking him into custody, he discovered that
he bad also sold such orders for nearly every theatre
in town, to prove which he could bring forward wit-
nesses at a future day.
Joseph Eagle, of 7, Little Ryder-street, St.
James's, an attendant at the public baths, said +l3
he purchased the two orders produced
d,
from,
a.'thaet
prisoner for the Adelphi Theatre, " sit,
Thompson." They were both for the pit,ne
and
adding
e
after
giving him is. 61, arid expressing
awnedr were
should
l correct,(l
b e
presented
assured
beforeh i m they ere genuine, opinion they
seven an
o'clock,
that should he or his friends not b admitted, to
come to him, as he was a check-taker, and he would
pass them. He subseqently gave
named Curtis, and he 'was informed itelle to a friend
Mr. William Wyld, sub-treasurer was a forgery.
Theatre, said there was no El ttrer of the Adelphi
who hod authority to write orders; named Thompson
nor was there any
such person as the prisoner employedd as a check-
taker. There were ten such
being signed with the name of
forcers presented, some
Cooper; but no fuch
person had any connexion with - the house.
Mrs. Martha Hibbard
oroved that sbe purchased
an order from the prisoner, about fortnight back,
s
for the pit of the Princess' r
Theatre,a for which she
gave him 6d., and on ,-,resent
it she was refused
presenting