The Sun.
London, England, 1854-04-25 00:00:00

WYLD V. CALVERT.

This case was resumed this morning,
Mr. Sergeant Byles, in addressing the jury for the de-
fendant, stated that his client, Mr. Calvert, was one 01
the first discoverers of gold in Australia, and that or
his return from that country he brought with him a
valuable collection of mineralogical specimens, and also
specimens of gold in nuggets and in pieces of quartz as
taken from the rocks. Suon after his return to England
he had interviews with the plaintiff, who wished him to
allow him to exhibit his collection at the Great Globe, and
said he would givo 1,0001. for the right to exhibit them.
The defendant replied that they were far to valuable
to allow of that, and also that he should be obliged
to sell a large part of them to meet a debt he owed
to the Californian Bank ; upon which the plaintiff said,
can you get some models of them made and cast in
lead and gilded ? that there were models in the British
Museum and in Jermyn-street ; and as the scientific
gentlemen there did not object to exhibit models, he
ought not. Upon this the defendent consented that
models were to be made, which were to be gilded by
Messrs. Elkington. The plaintiff also sated that he
had modellers, confidential men, whom he could trust,
who could model the nuggets, which he would have done
at his own expense, and pay the defendant 1501. for the
use of them ; and the learned counsel stated that he
would put in an agreement drawn for signature to that
effect. Mr. Wyld had great faith in the credulity of the
British public, and perhaps he was justified in that be-
lief, for it was proverbial that more credulous animals
did not exist. Perhaps some of the jury might have
seen the exhibition ?

The foreman—l did, and I certainly should not have
paid my shilling to have seen gilded lead. (Immense
laughter.) _ _

Sergeant Byles in continuation said, that the plaintiff,
having such faith in that credulity, suggested that there
should be an advertisement put in the morning papers
of arobbery at the Great Globe of 12,0001. worth of Mr.
Calvert's gold, and that then the public would flock by
hundreds with their shillings to see the place whera the
gold had been taken from. This the defendant refused
to be a party to. In pursuance with the above arrange-
ment the models were made and gilded by Messrs.
Elkington, and the defendant contended that he had
done all that he contracted to do, which was to supply
models of the nuggets, and that he never for one moment
agreed to send any of the original nuggets to the Great
Globe.

Witnesses were called to support the opening of the
learned sergeant, and amongst them the defendant, who
swore to the arrangement between himself and Mr. Wyld,
being that opened by his learned counsel ; and also stated
that, owing to not liking to entrust his gold to the model-
lers, he modelled them himself. He also stated that
he dined with Mr. Wyld at the Reform Club, when he
stated he could introduce him to kings and princes, who
were in the habit of visiting his Great Globe, and that
he could get him knighted ; that his exhibition as com-
ing from Australia would be most valuable, but that he
must have something real there, or he should have a dif-
ficulty in palming the medals upon the public as real,
and therefore wished to have his collection of rocks and
minerals, and eventually he agreed to let him have them
at a cost of 1501. a-year. He also stated that after the ex-
hibition was open, Wyld called him aside in the corridor
of the Great Globe, and complained that be did not as-
sist him iu the exhibition ; that when people asked him
whether the specimens were real gold he equivo-
cated, thereby musing suspicion, and frustrated the
objects of the exhibition ; he also stated that, in order
to please the plaintiff, he had, on several occasions,
equivecated when asked the question by some of the
persons who were viewing the exhibition, and had taken
a nugget out of his pocket, and said, here is a much more
interesting specimen, this is real gold from such or such
a place, _ _ _

The defendant's case having closed,
Mr. Wyld was recalled, and swore to the falsity of the
greatest part of the evidence given by the defendant.
Mr. Sergeant Byles replied upon this evidence ; and
Mr. James replied on the whole case.
Mr. Justice Coleridge then summed up with the
greatest care, and left it to the jury to say to which
party they gave credit. _ _ _

The jury then retired to consider their verdict, bu
were discharged at eight o'clock.

BANKRUPTCY COURT.
(Before Mr. Commissioner Pane.)
IN THE MATTER OF CHARLES JAMES MATHEWS.

To-day was the first meeting for proof of debts and
choice of assignees in the case of C. J. Mathews, the
well-known comedian, and lessee and manager of the
Lyceum Theatre, and who was adjudged bankrupt on
the 7th inst., as a bookseller and commission-agent, on
the petition of Mr. Henry Lindus, of 6, Claremont-
place, Burton-crescent, gentleman, who swore to a debt
of 1031. 6s. 6d., the balance due on a bill of exchange
for 1201., dated June 3, 1850, payable one month after
date, drawn by Mr. Strutt on and accepted by the bank-
rupt, for which endorsement the deponent gave full
consideration. The trading was proved by Mr. Thos.
Francis Bennett, box-keeper at the theatre, who deposed
that for the six years last past Mr. Mathews had been
and still was the lessee and manager of the theatre, and
during all that pariod had been accustomed to and had
used and exercised the trade and business of a book-
seller, at No. 2, Wellington-street, next door to the
theatre, by receiving from the publishers the copies of
the several dramatic pieces which were acted and per-
formed at the said theatre, , upon the terms of sale or
return. The case appeared to excite considerable
interest, and the Court was densely crowded during the
inquiry, which lasted several hours. With regard to
the liabilities, as far as can be ascertained, they are
about 22,5001. Mr. Mathews was present, and occupied
a seat at the table by the side of his advocate, Mr.
Lawrence.

The first proof tendered was by Mr. Brough ; but of
1581. he claimed 401. in full, as wages, under the 16Sth
and 169th sections of the Bankruptcy Act. He stated
that he was engaged at the Lyceum Theatre, at a salary
of 51. a week, to write pieces, and he thought himself
entitled to be considered as one of the company.
The Registrar.—Do you get your living in any other
way ?

Mr. Brough.—l work for other people as well.
The Registrar.—What do you call yourself ?
Mr. Brough.—A dramatic author.
The Registrar.—Was your engagement as such ?
Mr. Brough.- —Yes ; to write pieces for the Lyceum
Theatre.
The proof was handed to his Honour.
His Honour.—You say the bankrupt owes you 401.
as arrears of salary as a dramatic author ?
Mr. Brough• —Yes.
His Honour.--And a further sum of 1181., the balance
of a previous debt. That you say is all true ?
Mr. Brough.—Yes.
His Honour.—What more do you ask ? Do you ex-
pect to be paid 20s. in the pound ?
Mr. Brough.—l claim the 401. which is due to me as
salary, to be paid in full before any dividend is declared.
His Honour.—On what ground ?
Mr. Brough.—As a servant in Mr. Mathews's estab-
lishment.
His Honour. —But what do you call yourself ? The
general principle of the bankrupt law is, that every cre-
ditor is to have a share of the estate according to the
amount of his debt. Then there are two clauses in the
act, creating exceptions in favour of particular classes--
servants, clerks, labourers and workmen. As you insist
you are one of those privileged classes, I should like to
know, in the first instance, which you choose to be ?
Were you a servant, a clerk, a labourer, or a workman ?
Mr. Brough.—l conceive I was a servant. That was
my impression. lam not aware whether lam right or
not. Mr. Mathews engaged my services as dramatic au-
thor for his theatre. lam not aware what constitutes a
servant in the eye of the law.

His Honour.L-That is not easy to say ; but a servant
includes everybody who serves another.
Mr. Brough—That is the dictionary definition ; but I
am not aware what the legal definition is.
His Honour—l do not think you would come within
the class to have this privilege conferred upon them. A
servant is one who serves one master only. I suppose
that although you are a dramatic author, and in so far
served Mr. Mathews that you furnished him with dra-
matic productions, that you still served other parties.
If you composed anything clever I presume you might
offer it to any other theatre ?
Mr. Brongh—My understanding with Mr. Mathews
was, that I was not to offer anything to any other
theatre until I had offered it to him.
His Honour—But you were at liberty to do so then ?
Mr. Brough—Yes.
His Honour—l think you do not come within the
definition. I have the less difficulty in deciding against
you, because I do not believe the assets will be suffi-
cient to pay you in full. Your best course will be, if
you are advised you have a good claim, and if it should
appear on investigation that the assets are sufficient, to
come then and claim payment of this portion in full; I
will not decide positively against you. You may at a
future time, if you think it desirable, bring forward any
claim.
The proof was then " admitted without prejudice to
his claiming.to be paid in full as a servant, under sec-
tion 168, if so advised."
Mr. Henry Sloman claimed 188/. for a salary, as a
carpenter and machinist, at the rate of 3/. 10s. a week.
II is Honour—l suppose you act as carpenter for other
people ?
Mr. Sloinan—No, I am not. I am engaged exclu-
sively at the Lyceum Theatre?
His Honour—Solely and exclusively at the Lyceum ?
Mr. Slonian—Yes.
His Honour—lt seems as if all intend to claim as
servants.
bet
anything.2os. a t h e
His E
M pound,r. but°nitahne—faic tamis expectlvejon'atnxioust
too
get
rour—l presume you would not call yourself a
labourer
Mr. Sloman—Anything you like. (Laughter.).
His Honour—Well, I do not think it is worth while
to discuss the point in this case.
Mr. Lawrance—l see there is an item of 123/. in
this proof for salaries due to the men, It might be a

question whether the men were hired by Mr. Sloman on
ais account or as agent for Mr. Mathews.
Mr. Sloman—lt was an understanding that I should
pay the men when I received the money from Mr.
Mathews, and not pay them out of my own pocket.
they do not look to me for payment personally.
His Honour--These are ail questions of considerable
difficulty, as to who are clerks and workmen ; and as it

-eems a very doubtful matter here whether there will 4
he wherewithal to meet those claims, perhaps the best
,iourse will be to let them stand over, and be all discussed
ogether, if there is anything to meet them. I will not
ittach that condition to each proof ;_ but I will give this
direction to Mr. Whitmore, the official assignee—that
ill persons now proving and alleging themselves to he
privileged creditors entitled under clauses 163 and 169,
shall be at liberty to claim payment in full hereafter, if
the assets received shall make it worth while to assert
their claim.

Mr. Sloman's claim was then admitted as a proof.
Mr. W. Allcroft, music-seller, of Bond-street, next
=ought to prove for 4,5001. He stated that his debt
iltogether would be about 6,0001 , and this was admitted
y Mr. Mathews but the accounts between them had
not yet been made up.
Mr. Whitmore said the course of business between
them appeared to have been this—that at the end of
each season a note, or 1.0. U., was given by Mr. Ma-
thews to Mr. Allcroft, representing the amount sup-
posed to be due to him, subject to any alteration on the
accounts being made up.
Mr. Thomas, the accountant, said this proof had been
submitted to him for examination, but agreed on be-
tween Mr. Mathews and Mr. Allcroft behind his back.
He could say nothing as to its correctness.
His Honour—Then let the proof stand over until the
accounts are made up. Mr. Allcroft must render his
account in the ordinary way.

The proof of Mr. Hind for 4071. for gas, was admitted
without opposition.
Mr. Rickards next tendered a proof for 1,3001.
Mr. Lawrance said the question would arise under
this ;proof whether a creditor who had come in under
the arrangement made by Mr. Mathews four or five
years ago could now be admitted to prove against the
estate. Under that arrangement Mr. Thomas had
been appointed to act as receiver ; he had executed
his trust in the most satisfactory manner ; but nothing
had been paid to the creditors. It would, therefore, be
extremely hard on them if they were now to be excluded
from proving against the estate.
His Honour—But it is equally hard, on the other
hand, on the new creditors, who have been dealing with
Mr. Mathews since that arrangement, and who knew
nothing of the burden still hanging on him.
Mr. Lawrance submitted that, as no final order ever
had been made under that petition for arrangement, the
proofs were not excluded. The arrangement was in the
nature of a letter of license, Mr. Thomas being appointed
to receive and pay everything at the theatre.
His Honour—But the principle of these arrangements
is, that the old debts shall be got rid of in order that the
trader may start as a new man ; otherwise, how can the
new creditors be expected to give him credit ? What he
has at the time of the arrangement ought to be taken
pos session of and distributed among the existing credi-
tors, and then if he should enter into business again he
does so entirely as a new man.
Mr. Lawrance--If Mr. Mathews would have taken
the advice of his best friends at that time he would have
done so.

His Honour--He should have become a bankrupt at
once ; that is what he should have done. These ar•
rangement clauses, as they are called, are little better
than a mass of gibberish ; it is almost impossible to un-
derstand them ; I have never attempted it.
Mr. Lawrance— The fact of that arrangement was
notorious to the general public.
His Honour—But what was its effect ? Was any-
thing done under it ?

Mr.
Lawrance.—Where no final order is made, the
debts remain just as before ; and if so, no doubt this gen-
tleman is entitled to prove.
His Honour—At last I suppose Mr. Mathews, under
the law of bankruptcy, will find himself in the position
of a free man, and will begin life afresh.
Mr. Lowrance—Yes, for the first time.
His Honour—Which he might have done long ago,
but for the supposed disgrace attached to the name of
bankrupt. At all events, he will now be put in a posi-
tion to exercise his talent with some useful results.
The proof was then admitted.
Debts to the amount of 4,0001. were proved during the
day, and the following gentlemen chosen assignees :
Mr. Wm. Allcroft, music-seller, of Bond-street, and
Mr. H. Lindus, gentleman, of Claremont-place, the
petitioning creditor ; Mr. Whitmore is the official as-
signee ; Mr. Hare, of S iuth-square. Gray's-inn, is the
solicitor under the bankruptcy, and Mr. Thomas, of
Basinghall-street, is the accountant..

The— probable amount of liabilities is stated above.
The assets are at present confined to the household fur-
niture, valued at about 1,0001., but the possession of
this is disputed with the assignees by a creditor who
claims it under a bill of sale.