The Sun.
London, England, 1841-11-18 00:00:00

COURT OF BANKRUPTCY, Nov. 16.

REFUSAL TO TAKE AN OATH.-IN RE - HOFFSTAEDT.
This was the day fixed for the adjourned examination
of the bankrupt, described as an india-rubber manufac-
turer, but who stated himself to be a general merchant.
It appeared from his several examinations that a few
years since he arrived in this country, and had several
places of residence in Billiter-street, Cloak-lane, &e. That
he had made large purchases of almost every species of
goods, which he "consigned" to houses at Ilamburgh and
Rotterdam, but he had produced no books to show what
they had realised, although one of the creditors (for 2001.)
stated positively there were two when the bankrupt was

making arrangements to effect a compromise with his
creditors. He had books of accounts in his possession,
but was unwilling to let the creditors know the names of
his consignees. He was to-day brought up in custody
from Whitecross-street prison, and in the course of his
examination one of the creditors' assignees requested
that the bankrupt should be sworn ; but he refused, on
the ground that he entertained religious opinions which
would not allow him to swear, and the Scriptures said,
" Swear not at all."

Mx. Commissioner FONBLANQUE—Of what religious
persuasion are you ? The Bankrupt—l am a Roman
Catholic.

Mr. Commissioner FONBLANQUE—There is nothing in
the tenets of your faith as a Roman Catholic, nor in the
precepts of your church, which prohibits you from taking
an oath.

The Bankrupt—My religious principles forbid me to
swear, and I will not swear, Sir, so you may do with me
what you please.

Mr: Coininissioner FONBLINQUE—You may tell your
client, Mr. Norton, that he must comply with the laws
of the country in which he is living, but not from any
force of conscience. It would be inconvenient to discuss
matters of theology in a Court like this, but if the oath
be pressed I have only one duty to perform in the event
of the bankrupt's refusal to take it. Where are your
account books ? The Bankrupt- -I do not know. I
have some memorandums, and I have done what I could
to make out my accounts.
Mr. Commissioner FONBLANQUE—Have you any suspi-
cion of where the books are ? The Bankrupt—When I
left my lodgings in Cloak-lane I there left my books ;
the landlady of the house might know something, but
that is all I know about the matter.

Mr. NORTON, for the bankrupt, prayed that a further
time might be given to render and complete his accounts,
as being confined within the walls of a prison he had
not had those facilities which he might have otherwise
enjoyed of making diligent search and inquiry as to his
books. With respect to the other part of the case, he
knew the power of the Court in the event of the bank-
rupt's refusal to take the required oath: and if he still per-
sisted in not taking it, he must submit to the consequences.
The bankrupt said that on previous examinations, be-
fore Mr. Commissioner Evans and Mr. Commissioner
Fane, his " affirmation " was taken, and he considered
that he would be under the same obligation as if he
were sworn.

Mr. JONES (solicitor to the assignees) said his clients
felt it their duty to press the bankrupt's being sworn ;
and, at all events, to adjourn the case sine die, as his ac-
counts were most unsatisfactory.
Mr. Commissioner FONBLANQUE—No ; upon a first
meeting of a final examination I never adjourn a bank-
rupt sine die, unless in cases of collusive bankruptcy.
In this case the bankrupt will find it a very difficult
thing to pass, and if he were not already in custody I
should have taken a very different course ; but my
exercise of any further act of power is unnecessary.
This is one of a class of cases which requires great look-
ing after, and I am glad that the trade assignees are
doing their duty.
The bankrupt was then taken back in custody of an
officer to Whitecross-sireet prison.
The Official Assignee stated that the creditors were
not likely to receive a single penny of their claims.

POLICE INTELLi(3ENCE.
WORSHIP-STREET.

Mr. George Hunt. a hearth-rug-manufacturer in Ed-
ward-street, Bethnal-green-road, applied to Mr. BING-
ItAM for a warrant to apprehend John Forecast, an ap-
prentice, who had quitted his employment before the
expiration of his indentures. Mr. Hunt stated that his
object was to make an example, as no less than six of
his apprentices had absconded, and two of them so re-
cently as Monday evening. It was a great hardship on
a master to lose the services of an apprentice the mo-
ment they became valuable, after having maintained him
during the unprofitable part of his term.
Mr. BINGRASI—Was there any premium paid with the
lad when he was bound ? Mr. Hunt—No ; I took him
without a premium, which makes the case harder still.
Mr. BINGHAM--Yes ; and it also takes the case out of
my jurisdiction. lam sorry that there is such a defect
in the law, but I must administer it as I find it, and I
cannot go against the exposition of it by the Court of
Queen's Bench.
Mr. Hunt—Then I suppose I have no remedy ?
Mr. BINGHAM—Why, if you can catch the lad within
the bounds of the City, the Lord Mayor is of opinion
that the case is one with which he can deal ; or you may
indict the lad at the Sessions. But you had better think
of some means to prevent such practices altogether.
Mr. Hunt said that he should be thankful fur any sug-
gestion fur that purpose.
Mr. BINGHAM—The defect is merely in the wording
of the law, and there can be no doubt that the legislature
would be willing to amend it. I should suggest that a
meeting of the masters should be convened, and a memo-
rial from them to the Secretary of State for the Home
Department would be sure to produce the desired result.
We certainly ougtst to possess jurisdiction in such cases,
and I should willingly exercise it now if I thought we
did possess it.
Mr. Hunt thanked the Magistrate for his advice, and
said he would exert himself to induce the masters to act
upon it.
Yesterday Richard Gower, alias Hewit, who described
himself as a mattress-maker, and John Davis, a shoe-
maker, were charged with stealing 137/. 25., (nine
pounds of it in gold, and the rest in silver), the pro-
perty of Mr. Woodward, a miller and baker, in bt.
Grand.

The prosecutor had been collecting the accounts of dif-
ferent bakers, his customers, yesterday, and in the after-
noon stepped into the shop of a baker at iloxton,leaving at
the door his chaise, in which was a bag containing the
ahorementioned amount of morey. The two prisoners had
been seen following, and immediately after he had en-
tered the shop an alarm was given by a person who saw
them take the brig of money from die chaise. They
were pursued about 100 yards, when Gower dropped the
bag and continued his Bight with his companion, but at
length they ran up a court, from which there was no
outlet, and were captured by George Kemp acid another
constable, No. 53 N, who also produced the bag of money
before the Magistrate.
The Magistrate remanded the prisoners.
QUE EN- SQ UA RE. . .

A decision, in which the public are greatly interested,
was yesterday given at this Court relative to the right of
public stage carriages to stand and ply at Charing-cross.
In order to make the case intelligible it is necessary to
state, that for two years the proprietors of stage car-
riages, stopping at the Ship Tavern, Charing•cross, have
been in the habit of paying Mr. Hill, the proprietor,
very considerable sum fur that privilege, and Mr. Wheat-
ley, a proprietor of Greenwich coaches and omnibusses,
has for many years paid a guinea per diem for this privi-
lege. A misunderstanding arose between Mr. Hill and
Mr. Wheatley, and the latter withdrew his coaches from
the place, but returned a few days afterwards with the
determination of trying his right to stand there without
paying at all.
The matter was brought to issue under the following
circumstances:—Byers, the informer, summoned William
Thomas, one of the drivers of Wheatley's conveyances,
for plying for hire on the 6th instant at Charing-cross,
and remaining there five minutes, that time being longer
than was necessary for taking up or setting down, or
loading and unloading.
Mr. flumeintiEs, who attended for the defendant, con-
tended that he had a right to do so. The Commissioners
of Woods and Forests had power given them to make
stands or places for hackney or stage carriages, and in
1833 they selected the piece of ground in Charing cross-
street, facing the houses Nos. 45, 46, 47, and 48, as a
fitting and proper place. By a resolution passed in
1838, the right was confirmed, and the time of stopping
reduced to fire minutes. The period allowed by the
Commissioners was five minutes, and that time was not
exceeded.

Mr. BURRELL said this was a most important case,
and he should take time to consider judgment.
Yesterday, on the case being called on,
Mr. BURRELL said he had given the case the conside-
ration its importance demanded, and was of opinion that
as this was a public place, appointed as a stand for stage
carriages, defendant had, as much right to be there as
amy other person, if he did not infringe upon the regu-
lations. He did not think that Mr. Hill had any right
to control that stand; and without any prejudice to Mr.
Hill, it occurred to him that the Commissioners had de-
legated a power to him (Mr. Hill), they did not them-
selves, in law, possess.

BIRTH or THE PRINCE OF WALES.—
With fee:ings of the most unqualified pleasure we con-
gratulate our readers and the public upon the birth of
the heir-apparent to the Throne of these realms—an
event of the most gratifying description in it-
self, as the consummation of a nation's wish,
and not less so as filling up the measure of
her Gracious Majesty's happiness. If anything were
needed to add " to the, general joy," it would be found in
the gratifying assurances of the excellent state of the
Royal health. For these propitious events, the voice of
a grateful people will ascend in accents of praise and
thankfulness to that Almighty Power who vouchsafes in
so eminent a degree to bless this favoured land. The
promulgation of the joyful news has been received in
every part of the kingdom with an enthusiasm which
has not been equalled since the period of her Majesty's
Accession ; it was responded to in this borough, as well
as in the chief towns of the county, with reiterated peals
on all the parish bells, and the usual manifestations of
loyalty.—We have to express our thanks to the pro-
prietors of The Sun for the copies of their Journal,
which we were enabled, by their exertions, to circulate
and exhibit to the public, soon after three o'clock, p. ni.,
on Tuesday. This paper has fer a considerable time
established itself as the earliest channel of important
news, and for the extraordinary despatch with which it
conveys information to the most remote parts of the
kingdom.—Reeding Mercury.
THE LONDON AND BRIGHTON RAILWAY.—
BRIGHTON, Nov. 16.—Last night a heavy fall d snow took
place, which delayed the last train an hour and a half, as,
notwithstanding at some parts of the line three engines
were attached, the rails were so slippery from the snow,
that they were unable to proceed at above eight miles an
hour. It will be some days before the earth is cleared
away
by New Cross, and the arrangements at the pre-
sent time are very bad ; as the passengers, after walking
over the place, are frequently detained for half an hour,
exposed to the chilling blast, awaiting the arrival of the
train to take them the remainder of the journey, instead
of having it in readiness for them.
THE HARMER TESTIMONIAL.—It being un-
derstood that Mr. Harmer would prefer the presentation
of plate for which a subscription is now in progress, at
his residence, Ingress Abbey, Greenhithe, rather than at
a tavern in Loudon, an offer has been made of the gra-
to convey the subscribers from
tuitous use of steamboats,
London to Greenhithe and back, any day during the en-
suing spring ; it is hoped that the Committee will avail
themselves of this liberal offer, as the ceremony will be
rendered more interesting by the presence of the body
of the subscribers, thin if performed by deputation.