The Sun.
London, England, 1865-02-20 00:00:00

1882

Particulars.

Stock this clay—.
Price of Y.C. I
Delivery lastweek
Ditto from June 1
Arrivals last week
Ditto from June 1
Price of Town ....

1851.

1863.

70,910 43.633 45.8 5 •
5959 a to 46501 to 14934 to
-6 Od —a od —sOd
1,(01 1,795 1,81
61,415, 96,952 63,796

1864

tBO2 " .173
1(8,251 81,828
60s 3d 48s 61

18(5

60.889 46,401
4001 10 41E. 3d to
—s Od lob 91
',.8.35 1,633
57,161 91,372
1 9
80.x03 72,7.12
43s Od 44s 3d

10
71,32
46s 0,1

LAW INTELLIGENCE—Tkis Day.

-s-

COURT OF BANKRUPTCY.
(Before Mr. Registrar Winslow.)
LN RE JOHN LEIGH-THE FAILURE OF A LATE POLICE-

COURT MAGISTRATE.

This extraordinary case, which was reported in The Sun
a few days since, again came on for hearing to-day. The
accounts havt been fully published, and it will be remem-
bered that upon the last occasion there was considerable
opposition to the order of discharge being granted.
Mr. Linklater appeared for the bankrupt, and Mr. Reed
for the assignees ; while Messrs. Sargood and Griffiths op-
posed on behalf of certain creditors.
Mr. Brough said that he appeared for a creditor who
not being aware that the case was coming on on the last
occasion, now wished to put a few questions to the bank-
rupt.
His Honour observed that this would be extremely in-
convenient, as the evidence was concluded on both sides.
Creditors should inquire as to the day of hearing.
The creditor in question said he had not inquired when
the case would come on. He had been to prove his debt
on two or three subsequent occasions.

Mr. Brough urged that he should not wish to ask more
than four or fourfive questions, which would be very short

Mr. Syme said—l am a private gentleman, a retired
licensed victualler, and live at 41, Westmore-park-road,
Westminster. In Dec., 1863, I had an application from Mr.
Leigh to advance money. I saw him personally at 9, Sell-
yard, Doctors' Commons.
Mr. Linklater asked what would be the nature of the
opposition ?
Mr. Brough—Contracting debts without a reasonable
expectation of being able to pay them.
Witness—Mr. Leigh informed me that all his debts did
not exceed £5OO. A bill was drawn up, and I advanced
about £l6O. The amount of the bill was £175. I cannot re-
collect how much I advanced to him, although I can remem-
ber the exact words he used. I think I advanced £155. Mr.
Leigh said nothing about his salary being encumbered, and
if I had known his circumstances I certainly should not
have advanced the money. He said he only had ono other
bill out. When the bill was presented the answer was
" no order."

Cross-examined—l do not know Mr. Antrobus, a soli-
citor. I came to know Mr. Leigh through Harris, of
Doctor's Commons, and no one else was present but my-
self, Leigh, and Harris. To the best of my recollection I
advanced £155. I will swear it was more than £145.
His Honour—£2o for £175 for three months.

Witness—l took a cheque in my pocket ready to give the
bankrupt. It was drawn in the office after hearing Mr.
Leigh's statement. I generally esrry (ma or two loose
blank cheques.
This being the evidence, his Honour asked the bankrupt
how old he was?
Mr. Leigh—Fifty-six.

Mr. Griffiths asked to put one more question as to the
charges on the bankrupt's salary of £1,200 when he was a
police magistrate.

Mr. Leigh—At the time I was discharged there was only
a charge of £BOO on my salary.
Mr. Sargood said ho should rely on two points in the
159th section, and he did not think the bankrupt's attorney
would be able to get over them. There would be a general
complaint that the debts as a rule were contracted without a
reasonable chance of their being paid. The learned counsel
then reviewed the evidence given in the case.

His Honour inquired if Mr. Sargood meant to allude to
the other debts?

Mr. Sargood said ho should bo obliged to touch upon
them, though he should confine himself as much as pos-
sible to the debt of his own client. There could be no
doubt that the bankrupt had not acted properly, and though
he had been pressed by force of circumstances, yet no feel-
ings of sympathy ought to be allowed to prevent the
public being protected by the judgment of this court. He
(Mr. Sargood) could not help thinking that tho bankrupt
had made a great mistake when he applied to be
removed from his comparative obscurity in the
country to the open glare of his position in
London, where he surely could not help to lessen his
obligations. Speculations on the Stock Exchange and other
matters had helped to swell the list of his debts, and at last
he was driven to do that which he must now look back
upon with great abhorrence. Now, as regarded the trans-
action with Mr. Flight, it was quite clear there could have
been no reasonable expectation for paying back the money
advanced. Mr. Flight advanced £6OO in hard cash, of
which £l5O had been repaid. There was a large rate of
interest charged, but Mr. Flight never charged less. He
sold money to those whose difficulties induced them to
apply to him, but no rate of interest could ensure a
money lender against positive deception and fraud.
The argument which would perhaps be brought to
bear against Mr. Flight, fell then to the ground. Let the
Court look to the fact that Mr. Leigh came from the coun-
try with £25,000 of debts, and how could he possibly hope to
pay them? The Mutual Loan Fund lent its money at a very
moderate rate of interest, some 20 per cent. The credit of
private purses having been exhausted, the bankrupt was
compelled to fall back upon Mr. Flight and the Mutual
Loan Fund. When the crash came all the creditors were
astounded. A deed was prepared, and Mr. Leigh offered £BOO
per annum as a sum to liquidate debts amounting to £30,000
—not enough to pay the interest. Then the creditors could
not help referring to the statements and representations
under which the bankrupt had obtained the money, and
they were astonished at the fraud perpetrated upon them.
He (Mr. Sargood) was obliged to use the word "fraud,"
although it gave him great pain. Upon the subject of
rash and hazardous speculation on the Stock Exchange
there could be no doubt that the bankrupt depended on
some lucky coup or other to relieve his position. It was
then for the court to put aside all personal feelings of pain
or reluctance. There were two or three courses open to
the court, and the refusal of the order of discharge would not
meet the merits of the case. If the court were to take away Mr.
Leigh's miserable retiring pension what good could possibly
accrue ? There remained no course open to this Court in
the present case but one, and that was to sentence the
bankrupt to a term of imprisonment for his conduct to his
creditors, and from this punishment the bankrupt could
not help to escape.
Mr. Griffiths called attention to the particular mode in
which Mr. Cole's debt was contracted. It must be remem-
bered that at the very time the banla-tipt obtained the
money from Mr. Colo, he had charged his salary with £BOO
per annum, for debts amounting to £30,000. Mr. Leigh had
shamefully abused his position as a police court magistrate
by calling to his assistance Mr. Beard, one of the professional
practitioners of the Court at which Mr. Leigh presided.
His Honour must remember that Mr. Beard had been called
by the bankrupt into a private room and induced by him
by certain representations to introduce Mr. Coles to ad-
vance the money. Mr. Coles' was the worst case of all,
and his money had been advanced but a very short time
before the bankruptcy upon statements certainly false and
deceptive. If the court should be of opinion that there had
been false statements, then his Honour would, without
doubt, bring those portions of the Act of Parliament to bear
upon the case as would best meet it.

The case was proceeding when we went to press.

The West London Docks and Warehouses Com-
pany requires a capital of £500,000, in £2O shares,
with the view of constructing a canal basin with
wharves and warehouses adjoining the vicinity of
the. Victoria railway bridge at Battersea. The
objects of the undertaking are two-fold : firstly, to
supply good wharf and warehouse accommodation
to the south-western district of the Thames ; and
secondly, to accommodate the traffic of the various
railways, which converge to the point at which the
wharves will be situated.