The Sun.
London, England, 1853-06-16 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT—JUNE 15.
(Before Mr. Commissioner Law.)
IN THE MATTER OF BASIL WARRE WIGAN.-BETTING
EXTRAORDINARY. •
This insolvent, known as "Basil Wigan," described as
a gentleman in no business or profession, applied to be
discharged from the Queen's Prison.
Mr. Denning, of the firm of Denning and Herbert,
watchmaker and jewellers, of Regent-street (trading as
Hawley and Company), opposed in person. Mr. Sar-
good supported the application for discharge.
Formerly the insolvent, who is now a very young
man, bad been clerk in a banking establishment. Some
years back he took to the turf, on which he won and lost
a great deal, as set forth on his schedule. He had been
in prison since December last, and it was alleged that
the want of means had prevented him from applying
, earlier to the Court. He, however, betted on the Ches-
ter Cup, and the odds were 50 to 1, and having won
501., he was enabled to proceed with his case before the
Court.
Mr. Denning complained that the insolvent had ob-
tained jewellery, &c., of him to 961., and he was now in
custody at his suit. The insolvent was at this time—in
1850 and 1851—living in a stylish manner, and ordered
the articles. He had paid some money to him for goods
supplied.
The schedule was thoroughlyinvestigated bythe learned
commissioner, and he remarked upon the numerous tailors
that appeared in the document. The debts on the schedule
were 3,138/.,for 1,5001. of which no consideration had been
received. In the year 1851 the insolvent won 3,0001. on
horse races, and afterwards lost considerable sums. He
had resided at Long's Hotel and other places, and had
hired carriages, &c. He had some debts owing to him,
but they were bad. Among the debts on the schedule
was one of 501., money lent some time back by Mr.
Mansfield, of the Gloucester Hotel, Brighton.
Mr. Commissioner Law asked the insolvent why he
had not paid that debt, when he won in one year 3,0001.
The insolvent said he was not then applied to for the
money.
Mr. Commissioner Law—The English of that is,
that you could have found him, if you had chosen.
His Honour remarked that the insolvent's income ceased
in June 1851, and since that time he had lived pretty
freely. "You," added the learned commissioner, " Got
a vast deal of property out of other people for nothing."
In answer to Mr. Sargood the insolvent said that in
1850 and in 1851 he was successful in betting, and he
paid about 5001. of his old debts. He got goods from
Messrs. Denning. They were sent home without any
invoice or bill. Goods were sent home which he had
not ordered.
Mr. Denning declared that he never sent goods which
were not ordered, and for which prices had not been
agreed upon.
Mr. Sargood admitted in his speech for the insolvent
that the history of the case did not come before the
Court in a very graceful form. It was for the court
to say what reasonable expectations the insolvent
had had of paying his debt out of such illegal transac-
tions as those in which be had been engaged. He
was sure the court would take into consideration
that the insolvent had been some months in prison,
and such was his condition that but for one of those
casualties which sometimes happened, he would not
have been able to file his schedule. It was the 501. won
in prison that had enabled him to come before the court.
Mr. Commissioner Law intimated that he did not
wholly credit the statement as to the want of means. •
The insolvent assured the court it was true.
Mr. Sargood could only hope, if the court felt it to be
its duty to give a judgment, that the imprisonment the
insolvent had already endured would be considered.
Mr. Commissioner Law gave judgment. He observed
that the insolvent, who had been in a banking house,
had, when he became of age, gone on the turf, having
nothing—that had been for about six years his trade or
profession. There was no doubt it was a fluctuating
calling, but, at the same time, those persons following it
were bound to contract their expenses so that they might
meet them. The insolvent had not done so, but had
lived at a greater rate than his good fortune would war-
rant. Besides, since his income increased, he had con-
tracted a number of debts. Only one creditor opposed,
and the question was, what reasonable expectations he
had of paying the debt. He (Mr. Commissioner Law)
knew that it was the opinion of some, that a person
should be asked as to his circumstances, and that a
tradesman who failed to do so had no right to complain
if he was a loser. That was not his opinion. A trades-
man who was dealt with saw his customer come in a
brougham and living at Long's Hotel, by which he pre-
sumed he was a gentleman, who could pay for the goods
he ordered. The party who got the credit knew his
circumstances, and whether he had reasonable means of
paying his way. That was the case here ' • and, dealing
with it in that manner, the insolvent would be discharged
out of prison when he had been in custody at the suit of
Messrs. Denning for a period of eight calendar months
from the vesting order.