The Sun.
London, England, 1841-07-23 00:00:00

SHERIFFS GOURD, July 23.

DREW v. FORTY.
. This was an action to recover the sum of 15/. 13s. 6d,
for work done and performed.
Mr. Wylde (nephew to the Attorney- General) ap-
peared for the plaintiff; and Mr. Payne for the defendant.
The derendant in this action keeps the Royal Hotel
in Richmond, and the, plaintiff is a plasterer, living in
the same town. The present action was brought for r;'-
pairs done to the house. of the defendant by the plaintiff:
The defendant pleaded on the record several items of
set off, amounting to 14/. 6d., for several quantities of
wine supplied to the, plaintiff, and a tender of 6/., and
the cost of repairs done to a chandelier, which had been
broken by,. one of the'plaintiff's men during the repairs
done to defendant!s house, the amount of which was 131.
Several witnesses were called on the part of the de-
fendant to prove the various items of set off, but they
failed to prove the tender made, and Mr. Wylde and Mr.
Payne having severally addressed the Jury on the part
•of their clients, the Jury returned a verdict for the
plaintiff to the amount of 71. 135., the amount of the
tender being paid into Court.

.OURT OF BANKRUPTCT, July 22.
waKEFIELn AND 'WAKEFIELD'S BANKRUPTCY.-THE LATE
EXTENSIVE DEFALCATIONS ON THE STOCK-EXCHANGE.
The examination of these bankrupts was resumed beNf! qlO
Limped Commissxooer thie morning early, and

. . _
Mr. J. Stone appeared as counsel for the assignees:
There were very few creditors present.
The elder bankrupt was first examined. He said the amount
of expenses exhibited in the balance-sheet was correct. He
had drawn out of the concern 75,1541., and hi s,n 37)256/t
Those amounts were correct. The boelte slitisfell it.
Sir C. F. WILLIAMS aid, he was informed that the books
of the fires Were very accurately kept, but that fact acts• two
Ways, for although it might be said to be in favour of the bank-
rupts' conduct of their business, it could not. but be evident
that they must have known the situation they were in at thd
different periods at which they made such wholesale spoliation
of their customers' property.
The elder bankrupt in continuation swore, that although his
expenses were larger some years than others he had endea..
voured, when he found what wa, the state of his affairs, to de-
crease his expenditure. All the stock and moneys sold out
were for the general purposes of their business. In the in-
stance where they mi,appropriated Air. Burnie's 5,1691. it
went, as all others did, for the general purposes of Ipine:s, to
pay the current demands of the day.
Sir C. F. WILLIAMS was sorry to see the bankrupt, a man
of years as he was, so coolly speak of misappropriations like
these, and say they were made for the general purposes of
business. It was in fact robbing Peter to pay Paul ; it was
robbing one family to pay what another family had lost; and it
appeared to him that all moral feeling must be lost when a party
like the bankrupt, who had held such a respectable position in
life, committed such enormities as those now disclosed.
The bankrupt was understood to say that up to the hour of
his failure he maintained an unblemished reputation at the
Stock-Exchange.
Sir C. F. WILLIAM;—But it was not then known that yoe
had applied 75,0001. of other people's money to the wants of
business.

The elder bankrupt was further examined as to his ex-
penses. In reply to a question from Mr. Stone, he said that
the average profits of the concern might he 2,200/., and they
might have doubled their " drawings " (i. C., what they. took
from the concern). Their li)oks were regularly kept, which
would show this.
Sir C. F. WILLIAMS—And that makes it the more in-
famous, fur you must have been aware that it did not answer.
However, 1 would rather have the books you have presented
than the fallacious averages that are often made in bankrupt es-
tates of the profits arid expenses, if they do speak against you.
Mr. Coates said he wished to examine the younger bankrupt.
He appeared for Mr. Partridge, who was a heavy sufferer by
the bankruptcy.
Sir C. F. Wrht,tisats assented. He would, howevcr, com-
municate the reply of the official assignee to a question he had
put to him, which had considerable bearing on the matter at
issue. Ile had asked that gentleman whether, from the insight
he had had into the books of the bankrupts and their general
affairs, he had any reason to suov.se they had made a purse for
themselves. The answer was in the negative.
The Official Assignee raid, he certainly believed they had not.
Mr. Stoma.—As that is the ewe, and as that was what my
examination was principaly directed to,'l shall not now press it
further.
Sir C. F. WILLIAMS (to the elder bankrupt)—Wi h respect
to the transactions that passed between you aid Mrs. Potter
through her son-in.law, do you mean to swear that she never
addressed you by letter, or note, or any written Instrument upon
those affairs The Bankrupt-14es, I do, distinctly.
Sir G WILLIA ais—What, not in the whole course of
Communication, not a note ? The Bankrupt—Moat certainly net.
Sir C. F. WILLIAMS said he was induced to put the question
thus strongly because he thought it so singular that no letter
or note had bern passed. It was very fortunate for the bank-
rupt that no letter bad passed, for it only required writing to
bring it within Sir Thomas Plumer's Act, and then he would
have stood in a very perilous position.
The younger bankrupt was then sworn, and answered ques.
firms put by Mr. Coates, but which, as they had no specific.
view, were discontinued.

•
Sir C. F. WILLIAMS thought it his duty to make some re-
marks upon this case„which he charaterised as one of the most
flagrant he had ever heard of. Here were two persons moving
in a highly respectable sphere of lice, whose associates. whose
habits, and whose connexions ought to have been sufficient to
deter them from. pursuing the course of conduct they had, and
who, invested as they were with great and unbounded confi-
dence, had, in betraying their trust, sacrificed the fortunes of
their relatives, their friends, and their customers. The elder
bankrupt had had a very narrow escape in she case of Mrs.
Potter, who, ifshe had but written one note, would have brought
him within the reach of the criminal law by the act he had
before alluded to. How they could have stood up with any
face before, society with such a load of moral responsibility on
their heads he was at a loss to conceive. The deliberate and
systematic manner that had marked the whole proceeding was
such as 'to call forth the severest condemnation. Although
reprehensible in the highest degree, the case where a man with
any pressure upon him on the sudden emergency misapplied
aeother's capital was comparatively blameless to this, where
they had in the most cool, designing manner, sold oat 45,0001.
of stock, besides misapplying 33,0001., moneys left in their
hands for investment. After such wholesale spoliatFri of
other people's means, they could expect no sympethy ; and,
although they night think his observations severe, trey
were nothing more than the justice of the case deserved.
This course of treachery, plunder, and breach of confi-
dence they had carried on for a successive number of years,
almost without the cessation of an interval. 'their culpa
bility was beyond all expression one out of ten thousand
eases .he thought could hardly be brought to equal it. But
in viewing the responsibility which they had entailed upon
themselves by the sacrifice of reputation, they must also feel
that not the least part of it arose from the shock puidic con-
fidence receivel when it became known, which might have
most materially injured their fellow-brokers. All such cases
as these spread the seed of a want of confidence, and neigh-
bour suspected neighbour, however estimated he might be for
probiby and hon-sty. They might have been the cause of in-
calculable mischief. It was altogether a very melancholy ease;
such another he never wished to hear again, but he sincerely
trusted that it would prose a warning to many persons, white
he hoped some law would be framed to met these cases with
proper punishment. A few years since the bankrupts would
have been liable to a banishment for fourteen years. After a
few further observations Sir Charles declared the bankrupts
passed.
Mr. Burnie, one of the creditor's assignees, said he thought
his Honour was under a false impression with respect to writ.
ten orders. There were many who had given written orders.
He was one who had ; but he thought criminal proceedings did
not attach, as the bankrupts had made themselves amenable to
the Bankruptcy-law.
Sir C. F. WILLIAMS was of opinion that criminal proceed-
ings could be taken. lle, however, especially referred. to Mrs
Potter's case in his observations.

After some further remarks, in which it was contended by
two or three solicitors present that the bankrupts could not
now he prosecuted, the matter" dropped.
Having been sworn to their balance-sheets, the bankrupts,
as usual," delivered over what was in their posses,ion, grid hid
it described in the " declaration "of passing. In this instance
there were two wa'ches and some loose silver.
Sir C. F. WILLIAMS-Of course this property will be re-
turned to the bankrupts ?
Mr. Burnie—As fir as lam concerned for myself and wy
co-assignee, they shall not have a farthing. I inay be ,called a;
man of property, and hays not lost more than 5,0001.'; but
there are parties whom they have reduced. to beggary. They
rather deserved 14 years' transportation, but I am afraid they
are beyond the reach of it.
Sir C. F. WILLIAMS—Then the.property must be given up.
'I his seemed to affect the bankrupts more than any previous
part of the proceedings.
(Before Mr. Commis4f,ner FANE.)
LOLLS, THOMPSON AND HARRIS'S BANKRUPTCY. ,
This was the day named to take the choice of assignees in
this bankruptcy, the parties to which carried on an extensive
bill-brokering bussines in Lombard-street. The'debts and li-
abilities are estimated at 370,0001:, and upwards of 100,0001.
were. proved at this sitting.
The proceedings passed over without any discussion, and
Mr. Giles, Of Fowkes-buildings, Mark-lane, cornfactor, and
Mr. J. Marshall; Secretary to tl.e Provincial Bank of Ireland,
were chosen the assignees.

INSOLVENT DEBTORS' COURT, July 22.
(Before Mr. Commissioner BowEN.)
BAIL CASES.

Upon the list were ten town and three country bail
cases for hearing, several of which were rejected for
ivant of justification. None of them was marked by
any feature of public interest.