The Sun.
London, England, 1841-12-14 00:00:00

BANKRUPTCY.-(THIS DAY.)

IN THE MATTER OF WM. HITCHCOCK, A BANKRUPT.
(Continued from our. Afternoon Edition.)

Did nut R. P. Pritchard:hold other securities th-an your
brother's for the payment of his debt?—None, except in
the bills of exchange, I swear, that I recollect.
Had he not at any time held any other securities for
his debt?—Yes.
What security bad he held?—The lease of No. 116
house, being part of my premises in Regent-street.
Anything else?—Nothing that I recollect or believe.
When did that lease pass from him to your brother
George?—Early in July, I think. It was previous to a
bill becoming due.
State when.—l cannot give a better answer than early
in July. It was the same day on which the deeds are
dated.

Were these deeds prepared ?—Yes.
By whom ?—Marsden and Pritchard.
State when you arranged with R. P. Pritchard and
your brother George to transfer those securities from
Pritchard to your brother George?—l do not recollect
the date, but I should think the latter end of June or
the beginning of July.
Which of them did you first see on the subject?—l
do not recollect.
Will you swearlyou do not remember ?—I will.
Did you see them both in reference to transferring the
lease from one to another ?—Yes.
Where did you see your brother George on the sub-
ject ?—I should think in his country house.
What did you say to him, or he to you on this subject,
when you first saw him?---I told him that Mr. R. P.
Pritchard had advanced to me the sum of 2,0001., and
for which I had accepted two bills of exchange ; that
one of them was coming due shortly, and th:it
I had applied to Mr. IL P. Pritchard for a re-
newal of. them ; I had told Mr. R. P. Pritchard that
I should be unable to pay it when it became :clue.
I also told him that the second bill I should not be able
to pay, and requested him to give me time to pay them.
He declined to renew the first bill, or to wait for payment
of either, and threatened to make me a bankrupt unless
I paid the bills as they became due, or gave further
security. I think I told him also that I had told Mr.
R. P. Pritchard that I would ask my brother to be such
security.
What did you say respecting the debt of Mr. Pritch-
ard ?—I told him that Mr. Pritchard would not renew
the bill, and threatened to make me a bankrupt. My
brother refused to become my guarantee at first, but
he did agree afterwards to guarantee the payment of
the 2,000/. The lease was then given back to me, and I
assigned it to my brother in consideration of his respon-
sibility to Cook and Pritcluird.
Now, when was this first interview ?—I have no re-
collection of the date, except that it was perhaps a fort-
night before the first bill which became due, which was
July 22. The second was due Aug. 13.
Then the first interview would be about the Bth of
July?—lt was about a fortnight before the 22d July.
Will you swear it was a fortnight before ?—No, I will
not. I think it was so. I will swear it was about a fort-
night before.
Was this all that passed between your brother and you
at this interview?—That is the substance—all that I re-
collect.
You will not swear it is the substance of the whole ?
I will not ; it is all I recollect.
When did you see him a second time on this subject?
—I can scargely recollect ; it was a day or two.
Where did you see him the second time f—l don't
recollect.
Will you swear it was not at Marsden and Pritchard's?
—I will. •
What passed at that interview ?—I do not recollect.
Do you recollect any other interview with your bro-
ther on this subject ?—No.
Will you swear that ?—Yes. Am I not to believe
that I am on my oath in all I am saying.
Mr. ASRURST—Oh yes ; but you are not to suppose
I believe all you are swearing.—(A laugh.)
You have said that at the firnt interview your brother
refused to become your guarantee, and that you cannot
recollect what took place at any other interview when
the lease was passed to him. Do you mean to adhere to
that statement ?
The bankrupt appealed to the Learned Commissioner.
He had said that at a subsequent interview his brother
had agreed to become security for the 2,0001., but he did
not recollect what passed. The question was an impro-
per one, because it assumed facts opposed to the evi-
dence formerly given.
Mr. ASHURST amended the question. You have said
you cannot recollect what had passed at any other inter-
view than the first, although the leases transferring your
property were signed by you both. Do you adhere to
that statement ?
The bankrupt appealed to the Commmissioner again ;
the question was a most intricate one.
The COMMISSIONER ruled that the question was a pro-
per one, and ought to be answered.
The question was repeated several times.—l do not
recollect anything that occurred at any of these inter-
views be) and what I have already stated.
Do you adhere to the answers already given ?—I do,
certainly.
When did you afterwards see Mr. Pritchard on the
subject of the transfer of the lease to your brother ?—I
don't recollect.
State as near as you can.—l should think ten days or
a fortnight previous to the first bill at riving at maturity.
Will you swear it was as long as that ?—I will not ;
but I think it was.
Where did you see him ?—Either in Mr. Pritchard's
room or Mr. Marsden's room ; I don't recollect which.
Was any one present besides you and him?—l do not
recollect, but I think not.
Who proposed the intended arrangement between you?
—I did.
lonlgloedw cato
fora
rtwofo
twelvemonth
c h
Da rod
3t,hoeurmemneefeoiyatrnbo oum ?e
—e t
previously.h
had ere there,whenet
Mr. theit
.r opo. mprbiet
smnetttte3;oeunr
business. casionally_ cimittielanrtal
—on renewing a bill. wasOnaCS ? business° C
Was the meeting between Mr. R. P. Pritchard and
your brother respecting thel
suit of a previous acting the accidental, or the re-
p think of a previous
appointment. When I found
when it should become duea could not pay the bill
den and Pritchard's clerk's believeOffich' left word at Mars-
Pritchard came to town, I wanted ttoat when Mr. P.
sbelieve this would be the way in whicrak
to bin]. I
the first inter-
view was brought about, and which led to the second
brit I don't recollect distinctly. ;

pyoed arrange-
he brother gua-
inteivie
What you say in respect of thgeetprmo
ment Itsid I thought I could
rantee for the payment of the 2,0001., if
me time. He consented, and gave me the tirCuld give
Was this all that passed at the first
be-
tween you and Mr. IL P. Pritchard ?—That is thew sub-
stance of the conversation, and all that I recollect. I'LL'
Will you swear that that is the substance of all that
passed?—Yes, or I would not already have sworn it.
Did you meet Mr. R. P. Pritchard again on the sub-
ject ?—I cannot recollect ; I think I did.
Do you remember that there was a second interview ?
—Yes.
What passed then 2—l cannot be sure of what took
place at that particular interview, but I believe I told
him that my brother had agreed to guarantee the
2,0001. ; and I expected, if my brother did so guarantee,
the lease, which he then held, should be given back to
me. He consented to this arrangement.
Who gave the instructions for the preparation of the
deeds ?—I did.

When P.-i Cannot say ; but I should think a few days
prior to the bill becoming due. It might have been a
fortnight.

To -whom ?—To Marsden.
Seeing that you were dishonouring all your other
bills, what made you so anxious to save Mr. Pritchard,
you at the time receiving lawyer's letters from all your
other creditors ?—ln order to complete the arrange-
ments entered into with Cook and Gladstone.