The Sun.
London, England, 1863-06-17 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, JUNE 17, 1863..

LAW INTELLIGENCE—This Day,

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE WAUGH.

His Honour, to-day, gave judgment on the petition of
this bankrupt, Colonel Waugh, to be allowed to surrender
under his bankruptcy.

Mr. Linklater said the assignees had taken the opinion of
the creditors on the question whether they would consent
to the bankrupt being allowed to surrender without bring-
ing into court the £590 ho admitted that he had taken
with him when he left England. Creditors to a very large
amount had concurred, and he (Mr Linkiater) was in-
structed by the assignees to say that they consented to the
bankrupt being allowed to surrender unconlitionally. An
individual creditor (a Mr. Prior), who was a crcditor for
£4,000 opposed on the ground that the very day before the
bankrupt left England he borrowed MD.
Mr. Sargood objected to any specific charges being gone
into in the absence of Col. Waugh, and he (Mr. Sargood)
was not instructed to enter into the case on its merits.

Mr. Lewis said he appeared for Mr. Prior, and was pro-
ceeding to state the circumstances under which the bank-
rupt borrowed the £BOO.
Mr. Sargood objected to Mr. Lewis being heard, and
complained of the hardship on the bankrupt.
His Honour—The hardship is on the creditors, but I
cannot hear Mr Lewis, as the case stood over solely for the
assignees to consider whether the bankrupt should be
allowed to surrender—but the creditors would have an
opportunity of stating their grievances when the bankrupt
came up to apply to pass his last examination.
Mr. Linklater repeated that they did not oppose the
bankrupt's unconditional surrender on the faith that the
bankrupt would give the fullest examination in his power
as to his transactions, and at meetings of the town creditors
and country creditors it was decided that it was unadvis-
able to prosecute the bankrupt at the expense of the estate.
Any crelitor might indict him at the public cost. There
was a very large amount in the public treasury, but he was
not aware how far it was available for that purpose.
His Honour referred to the previous Act of Parliament
by which the non-surrender of a bankrupt was declared to
be a felony, and the bankrupt subject to transportation for
life. That clause, however, had been repealed by the pre-
sent Act except under circumstances, and he himself con-
sidered' it very doubtful whether the bankrupt was amen-
able under the words of the present Act. He thought,
therefore, that the interests of public justice would not be
advanced by a prosecution, for there appeared to be a feel-
ing on the part of judges and juries to take advantage of
any technicality, and therefore bankrupts—however gross
the commercial fraud—escaped. He did not know anything
of the bankrupt's conduct. He had heard statements, but
there was no evidence before him. The creditors would
have an opportunity of opposing the bankrupt's discharge.
He should, therefore allow the bankrupt to surrender, but
as the bankrupt would, if the decision had been adverse to
him, had the opportunity of appealing, he would give the
creditors the same, and withhold drawing up the order for
twenty-one days.
Mr. Linklater suggested that the order should be' made,
but protection withheld, as there would be nothing to ap-
peal against.
This course was adopted.

POLICE INTELLIGENCE—This Day,

MARLBOROUGH-STREET.

AN " ARTIST'S" TROUBLES,—A FORGIVING HUSBAND
—Mrs. Collins, wife of Mr. Sydney Collins, of 31, Little
Pulteney-street, St. James', well known especially in sport-
ing circles for his ability as an " artist in colouring black
eyes," was brought before Mr. Tyrwhitt on a warrant
charged with violently assaulting her husband.
It appears that at t'mes the defendant leads her husband,
who appears to be a good-humoured man, a very unpleasant
life owing to her violent conduct, and it has compelled him
to seek the protection of the court.
On the present occasion Mr. Collins said he did not wish
to press the charge, and asked that his wife might be dis-
charged.
Mr. Tyrwhitt ordered the defendant to enter into her own
bail to keep the peace towards her husband.
THE USE SERVANTS MAKE OF THEIR MASTERS' NAMES.
—Two young prostitutes, named Julia Warren and Ann
James, were charged before Mr. Tyrwhitt with disorderly
conduct, and John Ford, in the service of Lord Clarence
Paget, was charged with attempting to rescue them from
the custody of the police.
Police .constables Austin and Cane proved the case against
the females, and said that while crossing the Haymarket
with the female, Ford came up and interposed and pushed
against him, and on his telling him to desist he said that he
was Lord Clarence Paget of the Admiralty, a member of
Parliament; and, seizing him by the collar, said he would
take him (Austin) to Scotland-yard.
Mr. Tyrwhitt—You are sure he did not say he would
take you to the Admiralty. (Laughter.) I suppose he is
a gentleman's servant.
Ford—l am in the service of Lord Clarence Paget. The
constable (Austin) threw me on my back.
Austin—That was done in struggling with you.
Mr. Tyrwhitt—Ford will have to pay 10a ; and the girls,
who have not been here before, I shall discharge.