The Sun.
London, England, 1854-12-30 00:00:00

LAW INTELLIGENCE.—Dec. 29.

ADMIR .ILT Y COURT.
THE SOGLtSIE.

A report of the facts of the prize case has lately ap-
peared in our journal.
The Court delivered judgment this morning. The
vessel was seized by a Custom-house officer on the 22d
of last June, at Leith, on suspicion of being Russian
property. She was under Danish colours, and sailed
from Cronstadt with a cargo of wheat. The master,
Mr. Fischer, had given in a claim for restitution of the
ship, ands Mr. Kempden had likewise given in a
claim as importer aid consignee of the cargo. Against
the claim for restitution it was alleged the master was
a Russian subject by service, and had not divested him-
self of that character by his subsequently being made a
burgher of Denmark. The vessel belonged originally
to a native of Russia, and it being an object of import.
ance to claim a neutral flag, she was professedly sold
to a Danish subject at Messina, and by him transferred
to the present master. The latter sale occurred while
the Soglasie was on her passage from Cronstadt to
Leith, and there was no proof of payment. It was sub-
mitted the sale at Messina was irregular, and did not
entitle the vessel to Danish nationality, as she was not
bound to Denmark, but to Russia, at the time. It was
alleged on the other side, the master only became a
subject of Russia by service, being by origin a Prus-
sian, and that having left the Russian service he had
become a Danish subject by entering into the employ-
ment of a Dane.
The Court thought the claimants had not made out a
sufficient case to induce it to decree restitution. It con-
demned the ship and cargo.

THE JOHANNES CHRISTOPH.

A report of this case has already appeared in our
columns.

The learned judge said he should net call upon the
consignees of the cargo to bring in freight to meet the
claim of the master.

COURT OF R.A.NKUPTCY.
(Before Mr. Commissioner Fonblanque.)
IN RE CoLE.

This was the adjourned examination meeting in the
case of Joseph Windlo Cole, merchant, of Birchin-lane.
The meeting had beestaadjourned to give time for the
bankrupt to file his accounts, but none had been pre-
sented.
Mr. Bagley, for the bankrupt, said he was instructed
to state that, by his utmost exertions and with the as-
sistance of a skilful accountant, he had been unable to
get his accounts ready. Being confined i❑ Newgate on
a criminal charge, he had not access to the papers which
were necessary to enable him to vouch the items of his
accounts ; and having to send for those papers had occa-
sioned great delay. The bills and ether documents
were chiefly in the hands of bill-brokers, who were much
occupied at this season of the year, and had not been
able to attend to Mr. Cole's application for the produc-
tion of various documents. A good deal had been done
towards completing the accounts, and the bankrupt
hoped to finish them soon ; he therefore asked for another
adjournment. Ruined and lust as he was in the world,
he was anxious to do his duty to his creditors to the ut-
most, and certainly looked for the same indulgence as
was extended to other bankrupts.
Mr. Murray (for the assignee)—How much time do
you require
Mr. Bagley—Two months. w
Mr. Murray though it was quite out of the question.
The assignees being without any books, were kept quite
at bay as to the property. The bankruptcy took place
in August last, but the bankrupt had stopped in June,
since which time the creditors had been able to get no
account whatever. Much of the property had been
made away with already ; and unless the bankrupt were
put under some terfas the whole would be frittered
away. He should be required, at least, to render such
accounts as he had been able to prepare. He professed
at the last meeting to be able to make out a cash ac-
count from his banker's pass-books ; he might surely
render that account.
Mr. Bagley said the cash account was not ready, and
could not be completed till he got answers from the
bill brokers. Mr. Hutton, the accountant, had fur-
Dialled the cash-account, but Mr. Cole felt that it
needed verification.
Mr. Graham, the official assignee, said he had written,
at the request of the bankrupt, to Messrs. Overend and
Gurney, and Messrs. Sandeman, for certain documents,
but their answer was that they could not furnish them
till the end of the year.
The Commissioner suggested that the best course
would be to take a moderate adjournment, with the dis-
tinct understanding that, unless the accounts were filed
before the next meeting the court would either order an
adjournment sine die, or till a period after the expiration
of the sentence of the Criminal Court.
Mr. Murray said there might be other charges to be
brought against the bankrupt in addition to those for
which he was undergoing punishment ; and it was the
intention of the assignees to go through the whole of his
affairs, as though he was at the bar of the Old Bailey,
for these other offences.
His Honour said it was possible that the powers of
that court might he placed in abeyance in conseesuence
of the sentence of the Criminal Court. He had not the
came power that lie had in ordinary cases. It was of
no use to hold out a threat which could not be carried
into execution, and which would be merely nugatory.
A cash account must be filed within a month, to which
time a nominal adjournment would be made, with the
understanding that, upon a satisfactory cash account
being furnished, the court would extend the time, both
for the purpose of the examination of the accounts by the
assignees, and for explanation, if explanation were neces-
sary. If there was any negligence the court would have
to consider whether an adjournment sine die was not the
proper course.
Mr. Murray asked that the assignees might hare
liberty to examine the bankrupt in the interval.
The Commissioner—Of course ; they will take such
steps for that purpose as they may think fit.
The bankrupt was then examined. In answer to ques-
tions from Mr. Murray, he deposed—ln May last I
shipped goods to Messrs. Fanshawe and Milligan, of
New York, at least goods were shipped to them on my
account from the continent. The amount was about
2,600/. I did not pay for the goods, but accepted bills
at three months, dated 20th May. I got an advance on
these goods from Bourne, Latham, and Rogers, of
2,700/. on account. I got their acceptances for that
amount about tLe 20th May, upon the understanding
that I was to send them Westminster bonds, that they
would prefer some other security. I had no Westmin-
ster bonds then, but expected some at the time. I had
some within a day or two. I gave Bourne and Co.'s
bills to Davidson and Gordon to give to Rucker and
Co. My bill-book does not show that, but I have a
perfect remembrance of it. After some little delay I
sent Bourne and Co. the bills of lading of the goods,
with a letter to Panshawe and Co. to account to them.
A few days afterwards Bourne and Co. had a legal as-
signment ; it was prepared by Mr. Digby. I got no
other bills of security for the same transaction from
Bourne, Latham, and Co. I speak from recollection,
but the account will show it. I applied for a larger
advance on the bonds, but it was not granted. In the
week after I received the ►dvance I executed three as-
signments to Bourne and Co., including 6,0001. of the
balance coming to me from Arbuthnott and Co., 3,0001.
from Ogilby and Co., and 3,000/. from another firm.
They did not apply to me for those assignments. I
required some of the documents which they held. I did
not write fir them, but eent down my brother James te
Liverpool to communicate with theni verbally. I gave
him a cheque, with instructions to deliver it, and get up
all the documents they held, including those relating to a
lot of railway iron, which I was called on for every day.
My brother did not know what documents he was to get,
beyond all they had. I knew what they had. There
would be an entry of them in my papers—in the letter
transmitting the documents. Cannot say from memory
within six months, when the documents were trans-
mitted. My brother took down with him the three
assignments ; he conveyed the first intimation of
them to Bourne and Co. I think he went down on
the 20th June. I had his answer the following
morning, containing the documents that I wanted. I
do not remember whether he wrote te me, or brought
the documents himself. They included engagements
for between 400 and 500 tons of railway iron, some bar
iron in Wales, warrants for 100 tons of steel at Hagan's
Wharf, and 50 or 100 tons of spelter at the same wharf.
Some of the iron was sold ; the steel was shipped a few
days before I got the warrant on the faith of it. The
security given to Bourne and Co. was only sent on the
13th of June, but they had previously sent up bills on
faith of that seeurity being given. I remember David-
son and Gordon going away about the 19th of June.
A month before, I had received from them some of their
acceptances for about 30,0011., with which De Russett
was connected. I was endeavouring to negotiate the
paper for them. As we could not carry out the tran-
saction, I gave them to my clerk to give to De rtussett,
and I believe they were handed to Mr. Digby, his
solicitor. I never saw them afterwards. They were
given to Mr. Digby as security for De Ruseett's ac-
e rout.
Mr. Murray—What Bills fur 30,0001.
Bankrupt—Oh, they were not worth 3001. I suppose
Mr. Digby has them now.
Mr. Murray (to Mr. Digby)—Perhaps you will tell
us whether you have them or not I
Dr. Digby—lf you like to examine me, I shall be
happy to answer any question, or to answer any letter.
Bankrupt's examination continued—l adhere to the
statement that I paid Davidson and Gordon 1,200/. out
a cheque that I drew shortly before the bankruptcy ;
but on looking through my accounts I might find it to
be otherwise. I also adhere to the statement that I paid
Mr. Digby 600/. I cannot say positively whetherl paid
Mr. Digby 600/. in the notes I got front Messrs. Glyn
for my cheque of the 24th of June. Cannot state what
became of any of those notes. I have no recollection
how I parted with them. Cannot say whether the
1,200/. I lent to Davidson and Gordon was in the notes
I received from Glyn's on the sth of June. I have no
recollection ono way or the other. I have very little
doubt I gave Davidson and Gordon hank notes.
By Mr. Bagley--e-I instructed my solicitor to write to
Mr. Murray for the points on which he wanted informa-
tion, but no notice was taken of it.
Mr. Murray-1 only got that letter at 12 o'clock yes-
terday ; but it is perfectly idle for you to Suppose that I
should give him that information beforehand.
The meeting was then adjourned to Jan. 25.

PEARL FISIIERT.—A company has been formed in
Wilmington, Delaware, for the purpose of pursuing the
pearl-fishing in South America ; they have purchased a
,vsse named the Emily Fanning, which is being fitted
up forrpose. The fishing is to be conducted upon
t a ,diftlK hinciple how that pursued with treasure
' divers,being beltsbeing built to accomplish greater
results wi ' achines than are now done by human
fishers. -,) - .