The Sun.
London, England, 1853-11-07 00:00:00

in the first year, ought be not to have asked himself this I
question, "Am I, bringing nothing into the concern,
gambling with counters against ready money, to permit
myself to embark in all those large and extensive deal-
ings? Am I not to consider how, by so doing, I may
affect the interests of others ?" The Court must say it
was the bounden duty of every honest man, independ-
ently of every other consideration, to say to himself, "I
ought not to embark in those commercial transactions
unless I am quite sure that in so doing those who deal
with me are protected from loss." But it did not seem
that he had done so. He embarked in trade to a large
extent, he received a large amount on consignment, and
he went to work as a merchant in the most reckless pos-
sible way, not considering for one moment how his con-
duct would bear on others with whom he had dealings.
He could not but be struck with the startling fact that
when he called his creditors together, there were only
owing to him in good debts 1021. Bs. Bd., whilst the bad
debts were 3,759/. Os. 11d., and the oubtful 4,404/.
Here was nearly a sum of 9,0001. owing to the bankrupt
—debts hopelessly lost, debts for which it was not worth
the trouble of pressing, for which nobody would take
the trouble to press, because it would be a waste of time
and money to do so. In short, all the official assignee
had was 101/. That was all he had to pay this large
amount of debts. Let them look at the other side of the
account. There would be found an enormous amount
of expenditure, even with respect to the domestic ex-
penditure. Whatever might be thought upon the sub-
ject, the Court must observe that this bankrupt, who
had begun with nothing, and involved others to a large
amount, had no right, at all events, to take any great
credit for spending only 400 g. a year out of the pockets
of his creditors, seeing that he began with nothing.
After alluding to other features in the case the commis-
sioner proceeded. The bankrupt had sworn that he did
not contemplate or intend fraud when ordering the goods.
Looking at these c iTrecrwu
irtmsehtaatinnlhecaetttsoo,
thahhonielsddb
oathhnwaakvntir
bankrupt
et rnheeigavoidandr d t o
opinion,
evidence
n lic ee
dthe
wasoc iudsgeuhdffit he cieea
LI: het so:
ou
satisfy d rat
e
con-
tracted these debts fraudulently and with intent to
cheat. The evidence in this case was infinitely weaker
than in that of Manico, or even in that of H. Martin.
At all events, it left his mind so much in doubt, that he
would give the accused the benefit of that doubt, and
absolve him from the fraud imputed to him in making
the contract. He took this course the more readily as
it did not at all tie up the hands of the court in its judg-
ment as to the future protection of the bankrupt from
arrest. If the bankrupt were found guilty upon the
fraudulent contract, the court would be bound to refuse
him protection, and could not grant it at any time •or
under any circumstances ; but by dealing with the case
on its general discretion, the court had still power to
withhold protection for such period as might satisfy the
justice of the case. There were one or two points that
were favourable to the bankrupt. Mr. Pennell reported
that he had been very assiduous in assisting his assignees
in their attempts to make the most of his very compli-
cated estate ; and the whole of his transactions were
entered in his books, so that the creditors had indeed
been enabled to make their charges, against him from
those books. Those circumstances induced the court to
stop short of what was asked—the total refusal of the
certificate—an extreme to which they ought only to go
in a case that admitted of scarcely any mitigation. He
thought the justice of the case might be met by sus-
pending the certificate for a period of two years from
the date of the adjudication ; when granted the certifi-
cate to be of the third class ; and the bankrupt to remain
without protection from arrest for six months from that
date.

Mr. Cooke—Will your Honour allow tho costs of the
opposition ?

The Commissioner—Oh, certainly. It is a most proper
opposition.

INSOLENT DEBTORS' COURT.—Nov. 5.

ASSAULT AND FALSE IMPRISONMENT.-IN RE CHARLES
SEEAR, ALIAS JAMES THOMPSON.
This insolvent, who was heard before the vacation,
appeared for judgment on a complaint of an assault and
false imprisonment. The insolvent was a grocer in Cal-
thorpe-place, Gray's-inn-lane, and it will be recollected
that he gave a Mrs. Burrows into custody about a pic-
ture of the Virgin, which was represented to be of great
value. The matter was before the magistrates, and ap-
peared before the public. An action was brought by
Mr. Burrows and his wife in the Court of Common
Pleas. The damages were 101., and the costs 521., for
which the insolvent was in custody. It appeared that
the insolvent, whose name was Seear, but who had
traded as "Thompson," had converted a private house
in
,Hunter-street, Brunswick-square, into a shop, which
he opened as a grocer's. It was now closed, and Mr.
Dowse appeared for the landlord, Mr. Henry, and
claimed possession, as he was a creditor before the adju-
dication was pronounced.
The judgment was, eleven weeks from the vesting
order, which will prolong the insolvent's imprisonment
a short time.

NAVAL INTELLIGENCE.

PORTSMOUTH, Nov. 6.

Rear-Admiral of the White Sir Edmunds Lyons,
G.C.8., the newly appointed Second in Command of
the Mediterranean fleet, arrived at this port on Friday,
and was the guest of the Commander-in-Chief at the Ad-
miralty-house. Yesterday the Fire Queen steam-yacht,
Master-Commander Paul, embarked Sir Edmund from
the King's-stairs, and took him to Spithead, where he
embarked on board the Terrible, 21, paddle-frigate,
Captain M'Cleverty, which immediately hoisted his flag,
and exchanged salutes with the Port-Admiral. This
morning the Terrible left Spithead for Malta, touching
at Plymouth for a boat, &c.
The London, 90, Captain Eden, sailed from Spithead
yesterday afternoon for the Mediterranean.
The Medea, 6, paddle-sloop, Commander J. C. Bailey,
arrived at Spithead from the West India station. She
left Bermuda on the 26th of September, and Halifax on
the 19th, at which date the Cumberland, 70, Vice-Ad-
miral Sir George Seymour, and the Calypso, 20, Cap-
tain Forbes, were at the latter station. She has sailed
home, except during the last three days, which will
account for the length of the passage. Her colonial
news has, of course, been anticipated by the mail
packets. .
Their Royal Highnesses the Duke and Duchess of
Brabant, Count of Flanders, and suites, will arrive in
this borough to-morrow, and put up at the George
Hotel. Her Majesty has ordered her yacht, the Fairy,
to be in readiness at 11 a.m., to embark their Highnesses,
and carry them out to inspect the fleet, Osborne, &c.
The Fearless steam-vessel shipped the baggage, &c.,
of Rear-Admiral Sir Edmund Lyons from the dockyard
yesterday evening, and transferred it to the Terrible, at
Spithead.

WOOLWICH, Nov. 5.
APPOINTMENTS.

Master Charles Pope (1829), at present Assistant-
Master-Attendant at Sheerness Dockyard, and in charge
of the Cyclops steam-frigate, employed in the conveyance
of stores to and from the various home dockyards, is
appointed Master-Attendant at Chatham Dockyard, vice
Thomas Laen, promoted to be a retired commander.
Master John Jackson (1835), to be Assistant-Master-
Attendant at Sheerness, vice Charles Pope, appointed
to Chatham Dockyard.
Surgeon Joseph Caldwell (1842), to be Surgeon-Super-
intendent of the Sea Park convict ship.
Second Masters—Robert Coon (1853), from the St.
George, 120, guardship of ordinary at Devonport, to the
Dasher steam-vessel, employed surveying the Channel
Islands ; Charles C. Mitchell (1844), from the Fisgard,
flagship at Woolwich, to the St. George, vice Coon.
Clerk's Assistant W. W. Hyde, to the Princess Royal,
90, screw steam-ship, at Portsmouth.