The Sun.
London, England, 1863-02-19 00:00:00

THE SUN, LONDON, THUR,SDAY EVNING, FEBRUARY 19, 163.

LAW INTELLIGENCE—This Day.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE EDMUND O'ROURKE, OTHERWISE FALCONER.
This morning this case was resumed, before Mr. Com-
missioner Holroyd. It was an application on behalf of a
creditor of Mr. Falconer's, Mr. Calcott, for the rescinding
of the final order Mr. Falconer had received on the occa-
sion of his former insolvency, and also that the property of
the said Edmund O'Rourke might be taken possession of
by the court fur the payment of his old liabilities.
Mr. Keane at great length addressed the commissioner
in favour of rescinding the final order given to Mr. Falconer,
because it was beyond dispute that since the order had been
made he had become possessed of huge property. He had
been remarkably successful at the Lyceum Theatre, and
had lately become interested in Drury •lane Theatre, for
which privilege he had to pay a large sum of money. Mr.
Falconer bad paid £3,000 towards the sum he had engaged
to give for the lease of Drury-lane ; and he (Mr. Keane)
thought before such a step had been taken it was clearly
Mr. Falconer's duty, while he was in possession of funds,
to give that notice to the official assignee, under the
act of Parliament, which he was entitled to receive
—viz., that he had acquired property after insolvency
in order that his old liabilities might be satisfied.
He could not have forgotten he had been insolvent. His
omission of having performed his duty was clear. It was
exceedingly singular that there was an application to the
Conn in May, 1862, and between that time and October
Mr. O'Rourke did not give notice, as it was clearly his
duty to do so. He had the greatest regret in commenting
upon the impropriety of the conduct of one who was so
well worthy the patronage of the public, as a gentleman of
great ability. He thought it was clear that he had not
complied with the words f the very document under
which he obtained his discharge. _ _

Mr. Commissioner Holroyd wished to know what Mr.
O'Rourke had to say against the present application,
Mr. Sargood said he should show that at the proper
time. Had his learned friend given the slightest intimation
that it was his wish to examine Mr. Falconer, he would
not have thrown the slightest difficulty in the way.
Mr. Keane remarked there was no desire to take such a
course.

Mr. Sargood contended that the present application was
not within the meaning of the act. The fact of taking the
Lyceum, and coming into possession of a large floating capital
was no proof that he was the actual owner of a large sum
of money. It was impossible he could do so. Why, it was
well known persons might take a theatre, and be so for-
tun .te as to succeed in producing an entertainment which
for months would draw large sums to the house, but then,
on the other hand, the next production might turn out a
failure, and thus all the previous income was entirely ab-
sorbed. He thought it was impossible to say that because
a man had been successful for a few months that he was to
signify to the official assignees that he had acquired pro-
perty. Mr. Sturges had actually claime t everything
Mr. Falconer was possessed of ; his residence at Fulham-
lodge, his six views of the Lakes of Killarney, his interest
in Drury lane Theatre, and even his money at the Union
Bank which was necessary to carry on the theatre. He
wished to know whether it was said that immediately
Mr. Falconer had succeeded in obtaining the lease of
the Lyceum he was to write to Mr. Sturges and
say that he had acquired property. Why, the re-
sult of that speculation might turn out a heavy loss. He
entirely denied the assertion of Mr. Calcott, that Mr. Fal-
coner had made £20,000 profit. It was without the slightest
foundation. He might have had that sum pass through
his hands, but that it was clear profit he absolutely denied.
He thought Mr. Falconer had been most unnecessarily
interfered with, and in a manner for which there was not
the slightest reason. Not content with claiming all Mr.
O'Rourke's effects, they claimed the money his wife had
earned. With res ect .o the property at Fulham he thought
it was such as was necessary for Mr. Falconer to carry on
his bu-iness, and was far preferable to renting a furnished
house at £3OO a year. He did not think that immediately
he had acquired a few chairs and tables that he was to give
notice to the assignees. Now with respect to the £3,000 paid
for Drury Lane. Why Mr. O'Rourke was under engage-
ment for near £9,000, and, under such circumstances, it went
for nothing. Mr. Falconer had paid many of his former debts
since his insolvency, and had made overtures to the person
who had instituted these proceedings, but he refused all
overturn a, He totally denied that Mr. Falconer had in-
vested £ 20,000 for hie private benefit. Nothing could
be further from the fact, and the only property he
was in possession of was the fluctuating capital which
was necessary to carry on the theatre. He thought
it was an attempt to put the screw on Mr. Fal-
coner and that at a time whenhe was doing his utmost to
place himself in a position to pay his termer debts. With
respect to the notice which the act laid down—was not the
fact that he had taken the Lyceum, that he was living at
Fulham, sufficient notice; and with respect to the term pro-
perty, he contended that that meant surplus. He con-
tended they had not made out a p ima facie ease, that
his client was able to pay, and thought they had alto-
gether failed to show that he was in possession of
property within the meaning of the Act. He did not
think that, because a person obtained a large amount of
credit, there was evidenoe he had secured property. He
totally denied that the notice, which it was contended had
been withheld, had ever been necessary.
Mr. Commissioner Holroyd—Suppose Mr. O'Rourke
had made up his mind to stop when he had the £3,000 ?
Mr. Sargood—Then he would have been insolvent,
because he was under engagement up to the Christmas.
Mr. Keane said if the present application was granted,
he had no doubt they shoull get their money.
Mr. Commissioner Holroyd did not, at the present mo-
ment, feel disposed to make any order under the 12th sec-
tion until he had heard what had to be said under the 9th.
He should like to know whether any balance-sheet had
been prepared.

Mr. Keane said he should have thought that it would be
convenient if such a document was ordered. He should not
object to such a course.
Mr. Sargood thought the calling upon Mr. Falconer to
make out a balance-sheet would be utter destruction to him.
Mr. Commissioner Holroyd said that two courses were
open—a sum could be set apart out of the subsequently
acquired property for the payment of the creditors, or a
statement could be made out.

Mr. Sargood thought that if Mr. Falconer was called
upon to disclose all his transactions for carrying on so
gigantic a speculation as he was then engaged in would be
utter and total ruin.

Mr. Commissioner Holroyd thought, under all the cir-
cumstances. it would be very desirable that somo arrange
ment should be made.

Mr. Sargood told the Commissioner that Mr. Falconer
had already paid £2,000 or £3,000 of old debts, and had
made proposals to others, but they had rt fused,
Mr. Keane said an offer to accept 10s, in the pound by
the creditors had been rejected.
Mr. Sargood thought that if the offer to accert 10s. in
the pound was made in sincerity Mr. Falconer would accept
it.

Mr. Commissioner Holroyd said the best course was evi-
dently an arrangement.

Mr. Sargood would have not the slightest objection to
agree to the proposal of 10s. in the pound provided all
would accept such a compromise. Mr. Falconer would be
only too happy to hive an end put to those harassing pro-
ceedings.

Mr. Reed, who was with Mr, Sargood, then proceeded to
address the court on another point in the case, but it ap-
pearei to be the impression that the result would be an
arrangement.

POLICE INTELLIGENCE—This Day,

MARLBOROUGH-STREET.

EXTRAORDINARY CHARGE OF MALICIOUS DAMAGE;—•
£6OO WORTH OF PROPERTY DESTROYED.—George Brown,
cellarman, of 15, London-street, Fitzroy-square, was
charged before Mr. Knox, on suspicion of having feloni-
ously entered a cellar under Percy Chapel, and wilfully anti
maliciously damaged a quantity of wine in bottles and wood
of the value of about £6OO, the property of Mr. Richard
Tukestury Chamen (trading under the style of Chamen
Brothers), wine merchant, of Charlotte 'street.
Mr. Edward Lewis, of Great Marlborough-street, ap.•
peared for the prosecution, and opened the case at consider-
able length, stating that he appeared to prosecute the pri-
soner, who had formerly been for 16 or 17 years in Mr.
Chamen's employ, for damaging a large quantity of pro-
perty, the property consisting of port and sherry wine of
the choicest description, and of the value of between £5OO
and £6OO. He (Mr. Lewis) would only produce sufficient
evid,•nce that day for a remand.

Mr. Lewis then called George Phillips, a cellarman, in
the employ of Mr. Chamen, who said—l know the prisoner,
who has been in Mr. Chamen's employ between 16 and 17
years. It was my duty to close the cellar under Percy
Chapel. On Monday night last I did so, seeing all the
gas safely out. I saw the trap door safely fastened, the
flaps being nailed down strongly till new ones were made.
I did not go into the cellar any more that night.
Mr. Frederick Goodram, clerk to Mr. Chamen, living at
7, Charlotte-street, said--At 12 o'clock on Monday night I
was woke by the police on duty, and, in consequence of
what I was informed, I went across to the cellar. I went
to the back entrance, and found an entry had been effected
there. I then went to the front entrance, and found it quite
secure. I then went bask and got the keys, and went down
the steps leading to the cellar, at the entrance of which
there are folding doors locked with a padlock. Before I
went into the cellar my feet got wet with wine, which was
on the flooring. On leaving the cellar 1 found the flaps had
been pushed up, and an entrance gained by that means. I
then found all the gas alight, and nine casks of wire—the
bungs being taken out—turned with the bungholes down-
wards, and the wine all over the place. I then found an
immense number of bottles of eherry and port smashed,
evidently done by kicking them with very heavy boots. I
also found that three quarter casks of waste wine had not
been touched, evidently showing that the person who did
the damage was conversant with the place, and knew the
valuable wine from the other. The value of the wine de.
stroyed, I should say, was about £6OO. I had seen the pri-
soner about 8 on Monday evening in the retail bar at Mr.
Chamen's house.

By Mr. Knox—The prisoner had been drinking.
Sergeant Joseph Lambert, 12 E, said—On Tuesday
night last, at half-past two o'clock, I went to the prose-
cutor's and saw that a great quantity of property had been
destroyed. Saw marks about the place where the wine in
bottles were kept as of kicks, there being in the opposite
%nil as of a person's back coming against it. From in-
quiries I made I went to the prisoner's house last. night
at ten, having seen him on previous occasions. He was
at the door. I told him I had come about an occurrence
at his late master's. He said he would answer any ques-
tions. I went up into the prisoner's room. I told him
that he was late that night, and he remarked that he had
stopped on his way. On telling him it was a sad job about
the wine, he said it was, but that he declared to God that
he knew nothing about it, for that he was in bed at nine
o'clock. On telling him that I was satisfied it was a per-
son on the premises, for no stranger would have known
how to turn the gas on. Hesaid, " I hope Mr. ( hamen
don't suspect me." 'I told him to keep his boots, as I might
want to see them again. I again went to prisoner's house,
but he Was out. I waited till he came home at a quarter-past
12, and on asking for the boots he said I could not see
them that night, for he had taken them to a shoemaker's,
but the boots were perfectly sound when I saw them on the
previous visit. I then told the prisoner, on his refusing to
tell where the boots were, that I should take him into cus•
tody on suspicion of having committed the damage.
Prisoner—l certainly did say that I had four pairs, but
I was not aware I had five pairs at the time. The pair the
officer speaks of I had worn every day.
Mr. Knox-=The prisoner was seen near the premises at a
quarter-past eight.
Mr. Lewis—That was so.

Mr. Knoz—Hove many persons has Mr. Chamen in his

employ.
Mr. Lewis—Five or six, sir.

Mr, Knox—lt is a strange case. The prisoner will be
remanded for a week.

WESTMINSTER.

SERIOUS CASE OP WOUNDING.—John Jervoise, a gentle-
man's servant, was placed at the bar before Mr. Paynter,
upon the charge of seriously cutting and wounding another
person in the same position of life.
The prosecutor, in consequence of the injuries he had
received, was taken to St. George's Hospital, where he at
present remains iu a very precarious state.
George Harris said, "I am brother of the injured man.
I was passing along the Exhibition•road at half-past 10
last night, in company with my brother and another
man. Prisoner ran up the road. I saw he had some-
thing in his hand. Ho made an observation as he passed
but I did not hear what it was. The moment after
this I heard a scuffle. I was a little in front of my brother
and friend. I turned round, and heard my brother exclaim,
"stabbed or cut." I saw him bleeding from a wound on
the face.

Mr. Paynter—Do you know how he was stabbed ?
Witness—l do bot ;it was done Very suddenly, and after
the prisoner had passed me.

Mr. Paynter—Wk s there any instillment found ?
The police produced a formidable knife sharpened to a
fine point. _

M;. Paynter—\Vas there any blood upon it ?
Witness--There was.

Cross-examined by Mr. Lewis, for prisoner—l have told
all that passed. We did not assault him yesterday, in the
afternoon. I certainly pushed him. I did not promise to
do tor him. I did n t strike him with my foot yesterday
afternoon; I merely lifted my foot. We were not waiting
tnr him till he came ow of his master's house to ill-use
him. lam not aware that he was seized by the throat that
night. I have not :_earl th it he was. We did not turn
the knife upon him, but his hand was cut.
William Lockyer—l was with the last witness and his
brother, but I did not see what rook place. I suddenly heard
a cry, and found last witness's brother stabbed.
William Draper, police constable, sworn—l took the
knife produced out of prisoner's hand ; it had blood upon it.
Prisoner said the others had attacked him.
Mr. Lewis—My client had been ill•treated and 'threat-
ened in the afternoon, and took the knife out for his own
protection and to frighten them from attacking him. When
they did so he merely drew it to intimidate them, and the
man was cut by accident.
Mr. Paynter—The prisoner is remanded for a week,
_ _

Mr. Lewis—Wiii you not take bail?
Mr. Paynter—l cannot, in consequence of the serious
nature of the injuries,

SHIPPING—This Day.

(BY MAGNETIC TELEGRAPH.)
GIiAyESEND, Thursday Morning,
No arrivals,

DEAL, Thursday Morning,
Anch.red—Verene) schooner, from latham, for Brest;
'on, from London, tor Cardiff; Aquilla, from Shields, for
Genoa,

MALICIOUS DAMAGE —Between 9 and 10 o'clock
on Monday night the extensive wine cellars of
Messrs. Chamen Brothers, wine merchants, situate under
Pet cy Chapel, Charlotte. street, Fitzroy-square, were broken
open by some person or persons, and wine in bottles and wood
to the amount of V,OO destroyed, the bottles being smashed
and the bungs drawn from the pipes, the flooring of the
cellars beinv completely saturated with the wine which was
aluwed to flow all over the place. A reward of £5O is
°tiered by th:: firm for any information which may be the
means of the persons who have committed this outrageous
and wan,on act of deetruction being apprehended. It is
said hat none of the wine has been taken away. The mat-
ter is in the hands of the police.
•

THE ROAD MIIRDER.—We hear, on what may be
considered reliable authority, that the circum-
stances connected with the mysterious murder of Francis
Saville Kent at Road on the 29th of June, 1860, are likely
ere long again to become the subject of judicial investiga-
tion.

EXTRAORDINARY SCENE.—On Sunday morning
last, in the parish church of Horley, immediately
after the service, and before any of the congregation had
left the church Captain Wood walked up and on to the dais,
and, addressing the congregation, said in a loud voice that
a laey holding a high position in the parish had been
slandering him (Captain Wood) ; that he was then await-
ing the charges to be repeated. Having paused fcr a few
minutes, and no response being made, he, in a still more ex-
cited and louder tone of voice, denounced the lady in ques-
tion as a " liar and a slanderer." The affair of course took
the congregation by surprise, and, in fact, alarmed very
many of them. We understand the churchwardens have
taken up the matter, and that it will comp before the
Reigate Bench.--Surrey Standard.

- -
THE DUTY UN FIRE INSURANCE.—The secretaries
of the following fire insurance offices, for the third
year consecutively, have within the past fortnight signed a
petition to the House of Commons for the abolition or re-
duction of the duty on fire insurance,,. It will be seen that
the list includes every London fire-office as well as those in
the provinces :—The Sun, Phoenix, Royal Exchange, Nor-
wich Union, County, Royal, Imperial Liverpool and Lou-
don, West of England, Alliance, Globe, Atlas, Manchester,
Law, North British and Mercantile, Corporation of London
Assurance, Guardian, Scottish Union, Union,Westminster,
Leeds and Yorkshire, Lancashire, Yorkshire, Northern,
Royal Farmers, Hand-in-Hand, Q ueen,
Gereral Caledonian,
Law Union, Provincial (Welsh), Church of England,
(3,annwrcial U. ion, London and Lancashire, Emperor,
pi,nep, E,scx iind Suffolk, Midland Counties, Nottinghaw
and Derby; Rants, Sussex, and Dorset, Shropshire and
North Wales,

IMPERIAL PARLIAMETTai

esterday.
HOUSE OF COMMONS.--V

TheTheo'clock.
a second time :—Aber-
tookbill
sth:recrheairreaakt w,- j
:—Aber-
gavenny Roads—Charing Cr-
JBB Railway—Darlington and
SPEAKERfollowing
Barton Lane End Road—rarest Northern Railway (Not-
tingham Extension)—Rolbeach North Junction Railway—
Oswestry and Newtown and other Railway Companies—
Oswestry and Newtown and other Railway Companies
Amalgamation, Sec.—Scottish Central Railway—Skiplon
Gas—Somerset Coal Railway—Teign Valley Railway--
Worcester, Dean Forest, end Monmouth Kailway—and
Lancaster Canal and London and North Western Railway.

PETITIONS.
EPPING FOREST,
Sir R. CLIFTON, from n plat, Mile-end, complaining
of the recent interference by the Government, and pray-
ing that the rights of the public might be preserved.

INTOXICATING LIQUORS.
An Hon. Member, from certain school teachers and schl-
late praying that two-thirds of the ratepayers of any loca-
lity should have the right to prevent the sale of intoxicat-
ing liquors therein.

-Mr:C. TURNER, from Suuth Lancashire, praying that
no intoxicating liquors might be permitted to be sold be-
tween 11 on Saturday night and 6 o'clock on Monday morn-
ing.

SUGAR.
Mr. DENMAN of Tiverton, tor an equalisation of the
duties.

FIRE DUTY.
A n HON. MEMBER, from Cupar, praying for a modifica-
tion of the fire duty.

- AFFIRMATIONS.
Mr. EWING, from Paisley, for the extension of the
Affirmations Act to Scotland.

SALMON FISR t. RIES (IRELAND) BILL.
Mr. BUTT, tram Youghal, against this bill.
TURNPIKE ROADS (METROPOLIS).
Mr. HARDY gave notice that on a future day he should
move for leave to introduce a bill to amend the turnpike
roads in relation to roads in and around the metropolis.
QUALIFICATION FOR_ OFFICES ABOLITION