The Sun.
London, England, 1849-09-25 00:00:00

LAW INTELLIGENCE,

INSOLVENT DEBTORS' COUR7,Sept. 24.
(Before Mr. Commissioner Puir.rars )
IN RE HORATIO CLAGGETT.

This insolvent was opposed by Mr. Lucas, on the
part of Mr. Marks and Mr. Lawrence Levy. Mr.
Cooke, with Mr. Sargood, supported.
Upon examination by the opposing Counsel, the
insolvent stated that he had been " out of the way "
for the last eighteen months. He had been insolvent
before, in 1836, and again in 1845, on which last oc-
casion his debts were 27,0001. The debts in the
present schedule were about 4,0001. In July, 1847,
had borrowed 2001. of Mr. Levy, and gave a judge's
order at the time. Did not then tell Mr. Levy that
he wanted the money to pay some tradesmen's bills,
which were the only debts he owed. He had bor-
rowed 100/. of Mr. Marks, but did not say that the
money was to buy up an annuity. The furniture in
his house at St. John's wood, and the carriage and
horses, were the property of his wife, who had an
annuity of 3,000/. a year.
In reply to Mr. CooKE, the insolvent said he had
borrowed the money of the opposing creditors at the
rate of GO and 40 per cent.
The Learned COMMISSIONER asked how the insol-
vent could expect to keep out of difficulties if he
raised money at that rate ?

Mr. Luc As said he was instructed that 101. only
had been deducted by Mr. Levy from the 2001. bill.
The Learned Counsel was about to address the Court
upon the case, when
Mr. Commissioner PHILLIPS invited the opposing
counsel to produce his clients, that they might (if they
could) disprove the insolvent's assertion of their having
taken such interest.

Mr. LUCAS replied that his clients had ailed him
if they could absent themselves for a short time, and
he had consented, believing that the case would not
come on so soon.

Mr. Commissioner PHILLIPS thought their attend•
ance so important that he let the matter stand by for
a short time to enable them to attend.
The case was accordingly suspended for an hour
and a half, at the expiration of which time
Mr. LUCAS announced that the opposing creditors
had not arrived, and admitted that the insolvent had
been correct in stating Mr. Levy's rate of interest,
10/. having been deducted from the bill of 200/. at
one month. At the same time he could not see why,
when the law allowed it, such opprobrium should he
cast upon a man upon 60 per cent. upon hard money,
while a west-end tradesman was allowed to charge
300 per cent. profit upon goods without complaint.
Mr. Commissioner PHILLIPS did not refuse to
grant the creditors what the law allowed them, but
at the same time he thought that a person who took
60 per cent. interest could have but slender hope of
ever getting his principal.
Mr. CooHE said the insolvent had already paid
away large sums to persons of the class who now
opposed him. He had been left a fortune of 60,000/.
or 70,000/. from his father, which, as well as a large
portion of his wife's income, had gone that way, as he
had been sued continually upon an annuity transac-
tion, which was now fortunately terminated by the
bankruptcy of the grantee.
Mr. Commissioner PHILLIPS said that no case had
been made out against the insolvent, and it would be
fur the insolvent's own benefit that the Court should
say no more. He could not understand any excuse
fur a gentleman borrowing money at the rate of GO
per cent. discount, and it was a practice the Court
could not look upon with approbation. As no case
had been established, the insolvent was entitled to
the benefit of the Act and to his discharge forth with

POLICE INTELLIGENCE.
MANSIOA -HOUSE.
James Wentworth, who was same days ago brought
up on charges of swindling, having obtained goods by
representing himself as th:, son of Mr. Godfrey Went-
worth, of
Woolley-park, Wakefield, and nephew of
Earl Fitzwilliam, was put to the bar before Alderman
Gibbs for further examination. The justice-room was
crowded with respectable tradesmen. The prisoner
appeared full of confidence.
Mr. Lewis appeared in support of the prosecution,
which was brought by Mr. Owen, secretary to the
London Trade Protection Society, No. 170, Regent-
street. The prisoner defended himself.
The prisoner was in the first instance, it will be
recollected, accused of having defrauded Mr. Beck,
of Coleman-street, of mathematical instruments, and
having, by false representations, obtained possession
of the house, No. 31 A, Saville-row, and fixtures and
other property therein, from the owner. Mr. Reynolds,
of Cambridge-terrace, Hyde-park, and Moorgate-
street, surgeon.
Mr. Lewis said he could show that the prisoner
had in his dealings with Mr. Reynolds added forgery
to the offence of misdemeanour, with which he was
charged, by handing over to that gentleman two pro-
missory notes for 11081. in payment of the amount for
which the contract bad been made, signed " James
Wentworth," a name assumed by the prisoner for
the purposes of fraud, and to which he had no claim
whatever.
The prisoner—Oh, then, the charge of fraud is
abandoned, as you intend to prefer the heavier one of
forgery.
Mr. Lewis said the prisoner wss mistaken. Mr.
Beck would proceed with the charge of fraud. The
forgery would proceed without reference to that
charge. It would appear from the evidence to be ad-
duced that the prisoner, instead of being the relative
of a noble family, was a person named Green, who had
been lately discharged from a criminal prison, and
that he had been engaged in several cases in which
gross plunder had been accomplished.
Mr. Reynolds was called.
The prisoner—Now, is this examination with re-
ference to the forgery or the fraud ?
Mr. Lewis—The forgery.
The prisoner—Very well.
Mr. Reynolds proceeded. lie got possession of
my house, No. 31 A, Saville-row, and some fixtures
and furniture. He was to pay 1351. on the 15th of
August, the day he got possession. I did not receive
the money; but on the Bth of September he put
these two promissory notes (the• one for 601. the other
for 751.) into my hands.
The prisoner—Now, I beg at you will make a
special note of that statement.
Mr. Reynolds—l refused to talie notes then in lieu
of money; but I took them .afterwards. When I
did take them I took them bellying the prisoner to
be the man he pretended to be.
The prisoner objected to such a course of exami-
nation, as it was the very course he meant to adopt
in his cross-examination.
Mr. Reynolds—After a good deal of conversation
he referred me to his friend, :Mr. Wormold, the
banker, director of the Norte rn Counties Coal
Company, whom he represented as. the man of money
in the concern, and he said, this t if I would show
the signature to Glyn or Jones .1.41)yd, the bills would
be at once discounted, as the n: tine was well known
to every banker in London.— (A,. laugh.) Upon in-
quiry of Mr. Wormold, I fouT id that the name of
the party with whom I had b. evn negotiating was
Green, and not Wentworth, and! . then I immediately
entered into communication wiit h Mr. Beck. On
Tuesday I wrote to Mr. Godix ey Wentworth, of
Woolley-park, and received an. answer informing
me that the person about whom wrote was not one
of his family, and of course must; be an impostor and
swindler.
The prisoner—Now, my Lorda. before you proceed
further in this examination, lop ply to you that as
this is a charge of forgery cointlitttecl, if anywhere,
n the country, to send it away from this tribunal, as
t cannot be legally matter of inv tiry here.
Alderman GIBBS said he would. satisfy the prisoner
upon that subject, and read the Fc sery Act, by which
a magistrate in the place in whic:.'a a prisoner may be
apprehended may examine and c o mmit wherever the
actual offence might have been cut
Mr. W. Frazer, 171, New Bt n id-street, tailor—l
know the prisoner, James Green, :since the year 1839.
He was a customer of mine, and. • he was a bankrupt
in 1840 in that name. lam a el •editor under that
bankruptcy. lie was, I consider et 1, a merchant, and
not an engineer.
Cross-examined by the "prison, might have
known you ten years before 1839.
Prisoner—Did you not know nu! as Wentworth ?
Witness—Yes. I shall explai a about that. You
came to me after I had known you . long by the name
of Green, and you said, " Frazer,. you know how I
have been situated, and that I have not long been out
of prison, and I am about to chanlp a my name by the
advice of my friends."—(A laugh ) I reasoned with
you, and said that it might be vei r awkward for any
one to
meet you and address ou in the name of
Green, and you then said that r my one to whom a
property was left might change "ti is name.—(Laugh-
ter.) Afterwards you called an d left your name as
Wentworth, engineer, and you r address as 31A,
Saville•row. I find by my hook <,f entries that you
called on the 29th of August as i d r. Wentworth, and
there is an entry of the same kind under date of
in your own handwriting to the best of my
jy 4,
belief.ul There. is something h, m 3 about a Scottish ,
transaction.

The prisoner—I want to hear :n1 ,thing of that. It
is a strictly private transaction, a nd I have nothing
more to ask you.—(A laugh.)
The witness—l wish to:say son to thing about a pupil
of the prhoner's.
The prisoner—You are not to• volunteer anything
here; I object to anything of the ' kind.
The witness—The prisoner, by h lay of making some
amends to me for the losses he h'l s subjected me to,
introduced me to a friend of his, a pupil, who he said
was allowed by his parents 4001., ; and with whom he
had got a premium of 5001. T et )00 found that his
pupil had no
property at all, and. th .at the young gen-
tleman had only just come out of prison, like him-
self, after two years' confinemen t.— -(Laughter.)
The prisoner—lie :;N-..was given. i a custody on that
occasion, and the magistrate bt tfo: :e whom the coin-