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

COURT OF BANKRUPTCY, Dec. 13.

IN THE MATTER OF WM. lIITCHCOCK, A BANKRUPT.
The adjourned examination of this bankrupt, whom
our readers will recollect carried on business as a draper
in Regent-sereet, was resumed to-day. The examina-
tion appears to excite a great deal of interest among the
creditors, as long before the hour appointed (eleven
o'clock) the Commissioner's room was crowded to excess.
Shortly after eleven o'clock Mr. Commissioner Holroyd
took his seat, and the examination was then proceeded
with by Mr. Ashurst, in the following manner :
Have any other facts relating to your dealings and
transactions with Messrs. Cook and Gladstone occurred
to you since your last examination ?—None that I con-
sider of importance.
Then may the Court consider that You have now
stated the substance—in fact, the whole of the facts and
conversations between them, or either of them, and your-
self ?—I think not.
Will you state, then, what matter of substance you
have not yet stated ?—The whole of the conversation
which took place in the drawing-room in Regent-street,
between myself and Mr. Cook, I think has not been given.
You mean you have not given it ?—I presume I have
no right to ask for the evidence I have given with re-
spect to the meeting, but I forget whether the conver-
sation with respect to the goods was here given ; if I
have not given it, I will give it now.,
Mr. AsnunsT—lf you well tell me what you are
going to state, I will tell you whether it is here or not.
The Bankrupt—When Mr. Cook and I met at the
drawing-room we had a conversation, not only about,the
goods, but also about a plan for getting them out. In
addition to the conversation about I3uzzacot's security I
told them of a plan for getting them out.
Will you adhere to what you stated with respect to
that on a former examination ?—I said that the plan for
getting them out was working very well, and that in a
few days I hoped to have completed the amount; and
that was, Mr. Buzzacot's security and my brother's
moiety of 7,0001. would make up the deficiency in their
debt of 19,0001. Mr. Cook then cautioned me.
Tell me what Mr. Cook said?—Mr. Cook said that
he understood sufficiently, and they had every confidence
in me to complete the arrangement. This is the sub-
stance of the interview.
Mr. AsuunsT—The whole P—The whole, and he then
left me.

Have you now stated all the conversation in fact
relating to the arrangement, which you state was made
with you and Cook and Gladstone, and either of them ;
I mean those two gentlemen in particular, and not any
other member of the firm?—l think so ; all that appears
to me to be important.
Had you any communication with any other member
of that firm except those two on the subject of the ar-
rangement of which you have been speaking ? No.
This interview with Mr. Cook was in August? Yes.
Then is the Court to understand that Mr. Cook and
Mr. Gladstone were informed by you that you intended
to remove and conceal your stock from any other credi-
tors, that you might hand that stock over to them? I
must have a distinct answer to that question.
Mr. Commissioner HOLROYD—I think you had better
ask what passed—get what he said. I think it is not
altogether the thing to ask a witness what the Court is
to understand.
Mr. ASHURST—What did you say to Mr. Cook or
Mr. Gladstone about your intention to conceal your
goods and hand them over to them? Nothing, because
I was desired not to do so. Nothing in direct terms.
In what way, then, did they understand?
Mr. Commissioner HOLROYD—You had better make
him state in direct terms what he did say.
Mr. AsifunsT—What did you say to them, directly or
indirectly, upon the subject? I said as their debt was
about 19,000/.—at all events we would agree that that
should be the sum for the purpose of calculation--
that I would return to them, or send to them, linens
amounting to eight hundred pounds. I wrote
them a second letter in lieu of the former, to enable
them to prove or recover against Steels and Co., paying
them a bill of exchange about 203 L I agreed to them
writing off the account 2,000/, to leases, and that I would
assist them in proving under my estate, and recovering
7,070/., being a moiety of 15,1401., that they would
be entitled to 3,5001. from my partner, and that
they would leave a balance of 3,5701., that I would
get Mr. Buzzacot to be security to the extent of 5001.
against loss, and with the remaining 3,070/. I would get
them out. This is the substance of the explanation, or
of the arrangement.
Mr. Commissioner HOLROYD---DO you mean that it
was your direct communication to conceal goods to get
them out of the amount ? Witness—Yes.
Mr. AsHußsT—Was that communicated to them ?
Witness—l never-told Messrs. Cook and Gladstone di-
reedy, but many winks and nods passed that were under-
stood between them.
Is that the only way you communicated your inten-
tion to conceal goods ? I think not.
Did you say anything more than that which you have
stated to them, or rather of them ? Yes.
State what ? I don't recollect.
Then, will you swear that having no recollection of
stating anything else, you, nevertheless, did state some-
thing else ?—Yes : A great deal was said, which satis-
fied my mind then, but what it was I don't recollect now.
Then this statement was made by you after Mr. Buz-
zacot's proposed security was spoken of ?—Mr. Buz-
zacot's security was proposed many times, not at any par-
ticular time.
Will you swear that you did not write a letter, dated
August 19th, appointing an interview for the 20th ?
Mr. Commissioner HoLnovn—The more simple way
will be to put the letter into his hai d is not fair to
ask him about any document without showing it him.
Mr. ASHURST (giving witness the letter)—ls that
your handwriting ?—lt is, and I am perfectly prepared
to explain why 1 wrote it. I think the letter is of im-
portance for my assignees to have.'
Mr. AstitiasT—l shall put in this letter, as it may not
be supposed there is any suppression on my part.
The letter was then read, which was as follows:
" Gentlemen, to-morrow,Triday,:at three o'clock, I pro-
pose, if convenient to you, to meet you at your house as
before, when I shall be prepared to make arrangements
for the liquidation of your debt.—l am, Gentlemen, your
obedient servant, " WM. HITCHCOCK.
" 19th August, 1841."

Mr. ASHURST—Now, having, as you state, arranged for
the concealment of your goods, tell me when you first
commenced to conceal goods from your creditors? I
have not stated that, if you will refer to my exami;
Tition. I have not said that I concealed goods from my
creditors.

Have you not concealed goods from your creditors ?
Did you not remove goods for the purpose of conceal-
ment from your creditors ?—No, but, in explanation, I
sent out goods, as I had a right to do, for the purpose of
complying with Messrs. Cook and Gladstone's request.
That request was to get them out of the debt of 19,0001.
without loss, and they left it to me.

Mr. ASHURST—That is your answer ?—Yes.
Anything more?—No, that will do.

Now, did not you yourself take out goods to your
house at Wesbourne-green, for the purpose of concealment,
and were not these and other goods concealed from your
creditors under this fiat ? They were taken there for
the time being, without it being decided as to when they
should be taken to Messrs. Cook and Gladstone's.
Mr. ASHUEST having read the answer to the last
question,

The Bankrupt said, I have not finished my answer to
that question. Linens to the amount of 8001. were also
sent by my orders to :their works, and were equally
concealed from, my creditors as the other goods, the
linens not being entered in our books by Messrs. Cook
and Gladstone's request ; therefore both the linens and
the other goods were only deposited for the time being.
Then, do you swear they were not removed fur the
purpose of concealment from your creditors in the event
of your becoming a bankrupt ?—Not from all.
Mr. ASHURST—I except Cook and Gladstone—now
answer the question?—They were concealed from the
other creditors.

Mr. ASHURST—That is not an answer. We know
they were concealed, for they were found. Were they
removed for the purpose of being concealed from your
creditors in the event of your becoming bankrupt?—
That was not decided at the time of their removal, nor
were the linens decided on as to what should be done
with them.

Mr. ASHURST—That is no answer to my question.
The question having- been again repeated, the bankrupt
replied—No ; it was undecided what should be done
with them afterwards.

For what purpose were they removed?—They were
atcdoenpvoesirtseadtionthat myat
was going on b
housefor theettlilineeen u beisn.g, pending a
What was to be decided on afterwards?—As to what
was to be done with these goods, and also the linens, in
the same way.
Who was to decide as to what was to be done with
them?-11Iyself.
When did you determine to conceal them from your
creditors?-11 neverdetermined to conceal them from all
my creditors You are assuming what is not a fact.
Had you come to any determination on the subject be-
fore the goods were seized by the messenger under this
fiat P--No goods were ever seized by the messenger under
this fiat. They were given up.
Were any goods concealed by you, or sent by you, for
concealment from your creditors?—No. • Did you not in July last remove goods to the house
of R. Hayward one of your shop:nen, or cause them to be
removed from your stock?—I think not.
Will you swear you did not ? No. I did not, but I
believe goods were sent from my house to his, and not
from Regent-street.

Were they not part of your stock ?—Yes.
Did you not ask Hayward to assist you in looking
out silks, shawls, gloves, and rihands ?—Yes ; and ;wo
others, they being in my employ.