The Sun.
London, England, 1841-12-31 00:00:00

INSOLVENT DEBTOR.S" COURT, Dec. 30.

IN RE TILE REV. WILLIAM DAY.
Mr. WooDRoFFE moved for a re-assignment in this
case. The grounds upon which the Learned Gentleman
rested his motion were certain affidavits and documents,
drawn up by Mr. Lamb, who audited the accounts. The
insolvent had some time since passed through this Court,
owing debts to the amount of 585/. 1 ls. 2(1., and his
assets had since been made available for 1,201/. 11s. 2d.,
so that, after paying each creditor 20s. in the pound, a
balance of 706/. stood in Court in favour of the insolvent.
Mr. Commissioner BowEN—Has the money been paid
to the crediters yet ? Mr. Woodrol% believed not ; but
that he considered to be immaterial, as the money was in
the hands of trustees for the benefit of the creditors, and
that had been decided in the case of " Jephson" to be
sufficient.

Mr. Commissioner BowEN said there could he no moral
doubt but that the Rev. Gentleman had paid all his cre-
ditors in full; however, there must be legal proof, in the
obtaining, of which he thought there could be little diffi-
culty or inconvenience, and when that was acquired he
should at once accede to the motion.
IN RE THE REV. WILLIAM BAILEY.
Mr. WoonnoFFE made an application to the Court to
set aside the assigneeship in the present insolvency.
It appeared that the insolvent was the clergyman of
a chapel of ease at Tonbridge Wells, and that Mrs.
Bailey, who was possessed of large landed property in
Kent, endowed it very liberally, and paid 3001. for an
organ, stipulating, at the same time, that the insolvent
should be appointed to the ministry of the chapel. The
church was subsequently sold, and assignees appointed
at the time of the passing of the insolvent. A sum of
4801. appeared over and above the surplus fund of the
church, available to the private creditors of the insolvent,
and this application was made to remove the present as-
ignees, who were persons intimately and directly con-
nected with the said chapel of ease, and to appoint per-
sons totally unconnected with it. The consent of cre-
ditors to the amount of 1,6001. had been obtained to the
removal of the present assignees, and he therefore moved
for a rule to show cause why the appointment should not
be set aside.

Mr. Commissioner REYNOLDS—Take a rule nisi.

POLICE INTELLIGENCE.
MANSION-HOUSE.
A man of respectable appearance and address, named
Thomas Barker, was brought up for final examination on
several charges of embezzlement. More than usual in-
terest was excited by the accusations, as the prisoner had
been for several years in the employment of the prose-
cutor, whom, it had been ascertained, he had been plun-
dering from the first few months of his engagement.
Mr. George Kent, wholesale brush manufacturer, in
Falcon-street, Falcon-square, stated that the prisoner
had been in his service about nine years as a collecting-
clerk, and in that capacity was employed to receive the
amount of bills from the various customers of the house.
Of late witness had reason to suspect that the prisoner
had not duly accounted for all the cash received by him,
and, on making inquiries, and application to Messrs.
Batty and Co., to Mr. Tozer, and to Messrs. Potts and
Nicholson, found in their possession receipts in the hand-
writing of the prisoner for different sums of money paid
to him on account of the house, none of which had been
paid over to witness, nor in anv way at all accounted for.
Alderman WILSON—What do you suppose to be the
amount of the money embezzled ? Mr. Kent—At pre-
sent I have reason to believe that his defalcations amount
to upwards of 7001.
Alderman Witsos—How long do you suppose this
system of plunder has been going on ? Mr. Kent said
he had every reason to believe that this prisoner com-
menced upon getting into the situation, and that the
plunder was carrietion by means of a variety of inge-
nious excuses and contrivances.
Mr. Robert Feast, a partner in the firm of Messrs.
Batty and Co., of Finsbury Pavement, oilman, stated
that he dealt with Mr. Kent for goods in his trade ; that
on the 20th of October last the prisoner called at his
shop and presented an account, on settlement of
which witness paid him the sum of Si. 15s. 61. The
prisoner wrote the receipt to the account in his presence.
Alderman WILSON—Had you long known the pri-
soner in the employment of Mr. Kent ? Witness—Yes,
for a considerable time, and he seemed to understand his
business well.
Mr. William Tozer, an oil-merchant, carrying on busi-
ness in llalfmoon-street, Bishopsgate, stated that he was
in the habit of purchasing goods of Mr. Kent, the prose-
cutor, and of paying for them when the prisoner called
upon him as collecting clerk of that gentleman. On the
Ist of May, 1841, witness paid the prisoner, on account
of Mr. Kent, the sum of a 45., and took the receipt,
which the prisoner signed in his presence. On the 4th
of September, 1841, he paid the prisoner, on account of
Mr. Kent, the sum of 81. 14s. 6d., for which a receipt
was also written by the prisoner, in his presence.
Mr. George Lovell, clerk to Messrs. Potts and Nichol-
son, of 63, Queen-street, Cheapside, lead and colour
merchants; stated that his employers occasionally pur-
chased goods from the prosecutor. On the Ist May last,
the prisoner received liar his employers from one of the
Limn, in witness's presence, the sum of 18/. 75 , in settle-
ment of an account, and signed a receipt for the amount.
Mr. John James Kent, wholesale brush-maker, No. 11,
Great Marlharough-street, stated that he was brother to
the prosecutor, and had been in the habit of attending at
the prosecutor's request on certain days every week, to
receive, from the prisoner and others, cash received by
the prisoner as collecting clerk, whose duty it was to pay
over all such moneys to witness or his brother, and to no
one else. Witness had examined the cash-book, and
found that none of the sums of money specified in the
above evidence were entered, and be could positively
swear_ that the prisoner had not paid over any part of
them to him, or in any way accounted for them. •
Alderman WILSON—What salary was the prisoner
paid? Witness—My brother paid him 150/. a year.
Alderman WiLsos—Does the prisoner wish to say
anything? Prisoner—l admit that the receipts are mine.
Alderman WILSON said be had no doubt that the pri-
soner would plead guilty, in the expectation that he
should get off wills a slight punishment, as no inquiry
was likely to be made under such circumstances. Ile
hoped, however, that so finished a criminal would not be
allowed to remain any longer in this country, and, in
order to rid society of such a deliberate and systematic
depredator, it would be necessary for Mr. Kent to accu-
mulate charges against him, in order to show that the
case was no ordinary one.
The prosecutor assured the Alderman that he should
take particular care to state all the facts on the trial, and
that he should indict the prisoner upon six different de-
falcations, in order to convince the Judge that an ex-
ample was necessary.
The prisoner was committed for trial.
UNION-HALL.
Jame' s Atkinson, alias Aldridge, was charged with being
at large in this country after having been transported for
life. t appeared that the prisoner was tried and con-
victed of house-breaking at the Surrey Assizes of 1828.
Sentence of death was recorded against him, which was
subsequently converted into banishment for life, and he
was conveyed on board the convict ship at Chatham,
from which, however, it is now suspected he made his
escape. The apprehension of the prisoner on the present
charge arose out of a quarrel that occurred between him
and his brother, in the height of which the latter went
to the station-house, and gave such information as led to
his being taken into custody. When the prisoner was
secured there was evidence of his not having forgotten
his old practices, for there was found in his possession a
complete set of ingeniously-constructed skeleton keys
for opening locks of all descriptions.
When brought before the Magistrate, the prisoner de-
clared that the policemen were wrong in Isis identity, and
that he was not the man alluded to, and that he was
never tried for any offence, much less transported for life.
Burridge, the chief usher, referred to the minute-book
of charges taken at the Court in 1828, and found it con-
tain the committal of James Atkinson for burglary in
1828, to the Surrey Assizes.
One of the turnkeys of the county gaol identified the
prisoner as the man who was convicted and sentenced to
transportation for life, at the Surrey Assizes in the above
year. The witness added, that he accompanied the van
of convicts, amongst which was the prisoner, from the
county gaol to Chatham, and that although it was so
many years ago, still he had a perfect recollection of him.
The prisoner was then committed.
WORSHIP- STREET.

John Atkins, a young fellow of daring aspect, was
charged with having feloniously entered the house of
Mrs. Elizabeth Barber, a widow, residing in Pearson-
street, Kingsland-road.
It appeared that at eight o'clock on the preceding
evening the father of the prosecutrix, an infirm old man,
had occasion to go into one of the bed-rooms, when he
observed that the window was open, and apprehending
that thieves were in the house, he called out for assist-
ance. The only other persons in the house were a young
woman named Ellen Lee, and a little girl, the daughter
of the prosecutrix, who hastened down stairs, and on
reaching the chamber the girl Lee found the pri-
soner concealed under the bed. With:the assistance of
the old man, she endeavoured to secure the prisoner ;
but he broke away from them, and was making to-
wards the door, when the young woman ran after
' him and seized him by the collar. The prisoner
made desperate efforts to release himself from her grasp, 1
but she retained a firm hold of hint, and she had become I
almost exhausted when two men opportunely arrived,
and the prisoner was given into custody. A large bundle,
containing blankets, sheets, and other property, which
the prisoner had tied up ready for removal, was found in
the room.
Sergeant Palmer stated that tin' prisoner had been re-
peatedly in custody on charges of felony, and was com-
mitted for three months a short time ago fur stealing a
quantity or cigars,
Mr. Bus;c y_tx commended the young woman for the
spirited self possession she had displayed in the matter,
and said he should commit the prisoner for trial.
WANDSWORTH POLICE.
Thomas Seaward appeared upon a summons charging
him with cruelly ill-treating a pony, the property of Mr.
Avis, the landlord of the Six Bells Tavern, Putney. The
deft ndant pleaded guilty.
The circumstances of the case were these :—Mr. Avis
bad a pony which was now upwards of thirty years of
age. The defendant was servant of all work at Mr. Avis's,
and it was part of his duty to feed and groom the pony.
On the lith instant the defendant was in the stable with