The Sun.
London, England, 1841-07-22 00:00:00

IN THE MATTER OF SELDEN AND MAN.

This day being appointed for the adjourned exainina-
tion of the bankrupts who carried on business as' wine
,nerchants, in Tower-street,
_ _

Mr. PoLLocx, on the part of the creditors Of the
estate, made an application that the Court would cause
the examination of the bankrupt man, relative to the
non-production of certain books, the disposition of which
had not been satisfactorily accounted for. These books
were of the utmost importanee to enable the assignees
to close the bankrupt's accounts, being bill, stock, and
cellar books, and Man having had various dealings since
the issuing of the fiat there were no means of tracing the
disposal of the stock. He trusted, therefore, that the
Court would adjourn the examination for a time.
Mr. KEANE appeared for Man, and said he had given
up the whole of his property for the benefit of his cre-
ditors. All the books in his possession at the time of
the dissolution of partnership had also been surrendered,
and there could be no objection, therefore, to his passing
his final examination. _

The bankrupt being called and examined, said that in
February, 1840, an execution was put into his premises
by the Sheriffs, and at the same time a distress for rent,
when the books alluded to were safe in the counting-
house. Having occasion to be absent for about fourteen
days, on his return they could not be found. They
might have been taken by the Sheriff, but he could not
assert positively that such was the fact. He had occa-
sionally, within the last twelve months, sold some wines
for 225. a dozen.

The bankrupt was here subjected to a long cross•
examination relative to the disposal of this wine by Mr.
PoLLocx, who said the first cost was 365. and 38s. a
dozen. _

Mr. Commissioner FONBLANQUE said that until the
bankrupt would replace the books for the purposes of the
accounts by such other documents as were within his
power, he could not think of passing him, as in the
greater number of cases the loss of books was tanta-
mount to the loss of money. He should, therefore, ad-
journ the further examination to the 2d of August, by
which time he trusted, through the exertions of Mr. Man,
the Accountant would be enabled in some degree to sup-
ply the deficiency of the loss complained of.
Mr. LOYD, on the part of the other bankrupt, Selden,
said although the preceding investigation was adjourned,
he hoped there was no objection to his client being
passed, as the partnership ceased in September, and he
had given such notice to all the creditors to whom he
was indebted, as enabled the accounts to be satisfactorily
settled.

Mr. Commissioner FONBLANQUE (as we understood),
said he wished that Mr. Selden should first give every
assistance in his power in elucidating any difficulties or
obscurity there might be in the accounts of the firm.
(Before Commissioner Sir C. F. WILLIAMS.)
IN THE MATTER OF WAKEFIELD AND WAKEFIELD

This was the day fixed for the final examination of the bank-
rnpts, who had for many years carried on the business of bro-
kers and bankers in Broad-street, in the city of London, and
whose stoppage of payment and supposed flight to the Continent
caused considerable sensation a few months since.

Mr. JOHNSTONE appeared on behalf of the assignees to exa-
mine the bankrupt.
The Learned COMMISSIONER stated that he had been look-
ing over the balance-sheet of the bankrupts, which contained
enormities that could not be passed over sub silentio. It was
but right the public should know that there were other delin-
quents beside those who were reached by the criminal law, and
this case was one of the foulest which had ever come before
him.

The elder Mr. Wakefield was then examined as to his
transactions with a lady of the name of Potter, and which
commenced in 1833. It appeared that she had then depo-
sited with him 2,5001. in Consols, which he sold out by her
directions and invested the amount in Dutch Funds to the
sum of 58,000 guilders. That investment was made in
her name, and so continued until about the year 1836
or 1837, when he sold it without her knowledge or con-
sent, but continued to pay her the regular interest upon
her stock until January, 1841. In the month of March
following, Mrs. Potter directed that the stock should be
again sold out, and reinvested in the English Funds.
This not being done as speedily as it should have been,
the bankrupt was pressed and made several excuses for
not having done so. At length Mrs. Potter told him if it
were not done forthwith she would at once apply to her
friend Mr. Chambers, and the bankrupt knowing him to be
a police Magistrate, sent her two policies for 5001. each,
which he valued at 1,6001. but subsequently reduced to
1,2001. A transfer of accounts had taken place in his books
between Mr. Potter and her son-in-law, Mr. William Wake-
field, to the amount of 900/., and he, and the bankrupt also,
sent her 4001. in bank notes. In order to raise that sum he
hadmake a sale of thirty Alliance shares, but there being no
Court of Directors then sitting, the transfer could not take
place, and he consequently drew a cheque on his bankers for
4501. in the name of King, and handed her 4001. out of it.
In answer to further questions the bankrupt stated that he
was not aware of the probability of his becoming a bankrupt
when he made these payments. Although he did think even-
tually it might end in bankruptcy, he was still in hopes of be-
ing able to retrieve himself by his success in business, and he
was not aware of being so involved by 39,000/.
The Learned COMMISSIONER remarked that with his
amounting to upwards of 90,0001., and not quite 5 0001.
to meet them, he might as well think of paying off the national
debt as his own.

The bankrupt was next examined respecting Dutch bonds,
&c., which were deposited with him for sale upon the 6th of
April to the amount of 120,000 guilders, and in the evening of
that day he and his partner had made up their minds to stop
payment on the next day.
The Learned Commissiostra—Then, from that moment
you had not the slightest control over those funds, which are
the property of the creditors.
In further examination the bankrupt stated that the next
morning, not being able to do any business, they sent back
a large parcel to Messrs. Twinings by the hands of Isis son-
in-law (Mr. Sleay), and he had every reason to believe that
it was safely delivered to them. but no entry of that transact ion
was to bo-found in any of his account books. The value of
the Dutch Stock was about 7,0001. sterling. He was next
questioned as to sales of stock and other entries in his books
relative to the account of the Rev. Mr. Martin and Mr.
George Gregory, when
The Solicitors for the assignees stated that they would re-
quire further time to pursue this inquiry, and prayed that the
case might be adjourned to an early day.
The Learned COMMISSIONER said that he most readily ac-
ceded to the application, for the case was deeply interesting to
the public, and involved considerations which must materially
affect the bankrupts, to whom he should feel it his duty to put
a variety of questions.

ASSIZE INTELLIGENCE.
HOME CIRCUIT, Chelmsford, July 21.
CROWN COURT.
(Before Lord Chief Justice TINDAL.)
James Smith, aged 49, was indicted for stealing three
sheep, the property of John Finch.
Mr. Knox conducted the prosecution ; Mr. Chambers
defended the prisoner.
It appeared from the evidence that the prisoner and
another man, of the name of Charles Wilson, were ob-
served between one and two o'clock on the morning- of
Sunday, the 14th instant, in a field adjoining the prose-
cutor's premises. They had with them two lurcher dogs.
The dogs had driven three sheep from the prosecutor's
field, and had very much worried and wounded them,
and they were afterwards found in a very disabled state.
The chief question for the consideration of the Jury was
whether the prisoner's intention, by allowing the dogs
to hunt out the sheep in question, was to steal them.
In behalf of the prisoner Mr. Chambers contended
there was no pretence whatever for charging him with
any felonious intention. He might be liable to a civil
action if it could be shown that the prisoner was aware
that the lurchers were in the habit of worrying sheep.
With respect to the second count, the Learned iounsel
submitted that it was not such a wounding of cattle as
was contemplated by the 7th and Bth George IV., cap.
30, and cited the case of Rex v. Hughes, 2 C. and P. 420,
in which it had been held by Mr. Baron Parke, that
where a person had set a dog to worry and kill sheep,
it did not come within the meaning of the statute.
The Learned JUDGE left the Jury to decide whether
they believed the prisoner intended to steal the sheep.
The Jury, after a short consultation, acquitted the
prisoner.
The Learned JUDGE said he thought the verdict was
a safe one.

John Thomas Goodman, aged 26, a labourer, employed
on the Northern and Eastern Counties Railway, was in-
dicted for having assaulted, on the Queen's highway,
Sarah Jones, and stolen from her two handkerchiefs, her
property ; he was also charged with having wilfully
stabbed, cut, and wounded, the prosecutrix, after the
commission of the said robbery.
Mr. Wordsworth conducted the prosecution; Mr. Dow-
ling defended.
The prosecutrix, who was so extremely deaf that it
was 'with the utmost difficulty she could be made to un-
derstand, stated that on the evening of the 14th of June,
she met the prisoner at Brentwood. He spoke to her,
and she went into the Bell public-house, in order to get
rid of him. He followed her in, and sat with her for
some time, and then took her into a lane, and on cross-
ing the road put sixpence in her hand, but she gave it
him back. again. The prisoner then threw her down
and committed a rape upon her.
Mr. DOWLING submitted that that point was not in
issue.
The Learned JUDGE said it was a part of the evi-
dence which could not be shut out.
The prosecutrix, in continuation, said, that the pri-
soner, before he left her, pulled a silk handkerchief from
her neck, and took another handkerchief from her hand ;
he then beat her most severely with his fist about the
head and face, and afterwards pulled a knife from his
pocket, which he thrust into her mouth, and cut her with
it on the inside of her lip ; she screamed, and called out
murder several times.
Cross-examined=Got her living by selling cotton and
lace.
James Parsloe, a police constable, stated that on the
morning in question he received some information
which induced him to go into the back lanes near the
Bell ; he there met a female of the name of Pamphilon,
and a man, who were carrying the prosecutrix in their
arms. She appeared quite insensible, and her face was
covered with blood. Witness then made some inquiries,
and went in pursuit of the prisoner, whom he eventually
took into custody. He at that time had changed his
dress, and he asked him what he had done with his blue
smock frock., He said that it was at home. Witness
then went to the prisoner's lodgings, where he found the
blue frock, and wrapped up in it was the prose-
cutrix's cotton handkerchief, and a small dessert
knife. On the following day he examined the
the mouth of the prosecutrix, and found in it three
wounds. Her face was also very much swollen and
bruised

Cross-examined--Could not say by what means the
wounds had been inflicted.

Sarah Pamphilon stated that on the evening in ques-
tion, as she, returned from Jier work, she called at the
house of a neighbour in the back lane, and whilst there
heard a great noise. She opened the door, and then
heard a cry of " Murder " two or three times. She went
up the lane, and saw the prosecutrix lying in a ditch,
and a man standing near her. Could not identify the
man, but he appeared to be a navigator. Witness asked
the man what was the matter ? He replied " Nothing