The Sun.
London, England, 1846-10-12 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY, Ottoier 9.
(Before Conarnisioner SLIEPUE )
N RE J. W. ELLIS.
Thi, bankrupt, a wooleu e r_.hols- man in Cheapside,
anplied for his certificate. 1115 debts and liabilities are
about 8,000/, end assns "none
Messrs Jaques and Edwards were for the assignees,
and Mr. Vansandau for Messrs. Swane and Webb, to
oppose.
The.ground of opposition was contrscting debts with-
out reasonable means of payment. The baukrupt dis-
solved partnership with his brother in 1845, and he then
continued in business with a deficiency of 9001. There
was no capital, but the Com:net..dal Bank of Leeds con
sewed to advance 1,0001, and the bankrupt's brother gave
them security. The bank held several bills to the
amount of about 1.900/., besides a very heavy debt, and
about six months before the bankruptcy, the bank ob-
tained a warrant of attorney. With the knowledge of
this the bankrupt got goods to the extant of 1,5001., all
of which are still unpaid for. The warehouse is now
full, and the hank came in under their warrant of attor-
ney, and seized property to the extent of 1,400/.
It was now contended that the bankrupt had got
these goods fur the purpose of giving the bank a pre-
ference orer the other creditors, to release the brother a
security, and that he had grossly misconducted himself
as a holder
Upon the part of the bankrupt, it was stated that the
profits were 1,0001, a year, while the expenses were only
350/., and that the cause f..f this bankruptcy was the re-
turn of bills, and certain creditors agreeing to sell upon
credit, then claiming ready money.
His HONOUR said that under the circumstances' ho
must suspend the certificate for six months, with pro.
tection.

IN RE GEORGE WETTENHiLL.
This bankrupt was described as a stock and share-
broker, of Bauk-chamber a, but has been largely engaged
in railway speculations. This day was fixed for the
choice of assignees, and last examination upon the fol-
lowing balance sheet, the principal items in which we
subjoin, corrmencing in May, 1845, and ending in
August, 1846:—T0 creditors, 1.466 L; to creditors, on
differ, noes, 2,386/.; liabilities, 8101.; and capital, about
100/. By debtors—doubtful, 2,0001.; bad, 159/.; and
property, 61. 103., being the proceeds of office furniture.
Lord Southatepton standing as a creditor for 1,2001.
Expenses attending getting up a railway company,
which did not succeed (the Somerset and North Devon),
which cost me 71. 10s. Sundry differences in Consols,
about 300/.
Mr. Beacon said he had to complain of the conduct of
the bankrupt respecting a transaction with some Portu-
guese b•snits, upon which the bankrupt had advanced
501. They were 6001, and when they were at 521, he
(Mr. Beacon) made several applications for them, but
could not get a satisfactory answer.
Mr. LAWRANCE (for the bankrupt)—You have not
proved your debt, I believe ?
Mr. Beacon—l have not.
His HoNoua—Then you cannot be heard.
Mr. LAWRANCE said that Mr. Beacon was a creditor
for 421, which was the difference of what these bonds
sold for, and what was handed over to this creditor. If
he had to complain of any fraud, he could do so at the
certificate meeting, after he had proved his debt. He
(Mr. Lawrence) believed that the assignees required a
cash account. The balance-sheet was not filed in suffi•
cient time, and an adjournment must be made.
After some further discussion the case was aAjourAed

till the 18th of December, in order that it night be
heard before Mr. Commissioner Fane, who would have
to decide upon the certificate.
October 10.
(Before Mr. Commissioner SHEPHERD.)
BEAN V JoHNSTONE.

This was a summons under the Small Debts Act for
the defendant to show cause why she had not paid 121
and costs, for which a judgment had been obtained against
her in the Sheriffs' Court. Middlesex.

The plaintiff is the landlord of the Greyhound Inn, at
Croydon, and the defendant is a lady whose name has
frequently been before the public in the affairs of his
Serene Highness the Duke of Brunswick, and Mr. Val-
iance, his solicitor.
It will probably be remembered that the action was
brought against the defendant for a tavern bill, for ex-
penses incurred during the assizes at Croydon last year,
the defendant being engaged to attend on some witnesses
on behalf of his Serene Highness.
Mr. Bean, after stating these facts, said that the de-
fendant took the apartments in the name of the Duke of
Brunswick.
The Learned COMMISSIONER said it would almost ap-
pear that his Highness was the proper party to have
been sued.
Mr. Bean said he had not the least doubt that the de-
fendant had received the money.
-The Learned ComstissioNstst asked the defendant
how she got her living, and what means she had of
paying ?
The defendant said she hai assistance from her friends,
and was also an authoress, but at present she was des-
titute of all means of paying, and saw no immediate
prospect of doing so. There was a Chancery suit pend-
ing from which she expected to get 1,5001., and that if
Mr. Ye offs solicitor would see the papers, he would find
what she said was true, and they should be deposited
with him as security.
Mr. Bean said he had ao doubt she had the means of
paying. As to taking the papers, he thought he should
be worse off, for the defendant was pretty well known to
the public as being very fond of law, and had had, per.
haps, a dozen solicitors already. She had smashed the
windows of one.
The defendant said she wanted her rights, and if she
did anything to be locked up for, it was better than not
to have a place to lay her head.
The Learned CommissioNEß—You must pay a trifle
a week, at all events.
Defendant—l cannot pay anything; I have nothing.
. The COMMISSIONER—I cannot make an order on a
woman who says she makes nothing. You must show
, me she that makes something, and then I will make an
order.
' Mr. Bean said he was not in a position to show that.
The Learned COMMISSIONER said that he would ad-
journ the case.
Mr. Bean said he hoped the Commissioner would grant
a summons for the Duke of Brunswick, to ascertain whe-
ther defendant had not received the money.
The defendant said she would admit that his Royal
Highness gave her 16/. to settle, and 35/. for herself,
and promised to assist her till her business was settled.
Mr. Bean submitted that this statement alone justified
an order.

The CommrssL.NEß—Whatever the state of the cas.,
may have been, if she has not got the money now it is
no use making the order.
• The case was adjourned, the defendant applying for
esrs
thweor
p'uren:enin°tn circumstancessolicito. rs, who, she said, could prove

namedlljfAohNa MANSION-HO POLICEIN TELLIGENCE.
A lad,before the Lord
Mayor, charged with having infringed the Act fur the
Protection of Merchant Seamen, by giving a false answer,
in stating that he had not received a register ticket, and
Captain Gardner of the ship Pacific, was charted with
having aided and abetted the boy in committing the mis
demeanour.
The solicitor to the Board of Admiralty attended for
the prosecution, which excited much interest, and termi
nated in a manner ♦ery different from what aas ex-
pected on the first view of the case. The solicitor to
the Admiralty stated that the Merchant Seaman's Act
required that each person in the merchant service should
be registered, in order that if able-bodied seamen should
be wanted for her Majesty's service upon any emergency
the Government might be able to procure without trou-
ble the necessary amount of assistance.
Mr. E. 11. R. Coleman, clerk in the General Register
and Record Office for Seamen of the Port of London,
Hamet-street, Minories, stated that when seamen were
registered at the outports, duplicates of the register
tickets were returned in pursuance of the Act of Par
liament to the office in London within a week from the
time of such regi•tration. In the present cal-e the dupli
cate register ticket was signed in the handwriting of Mr.
Bentley, the proper officer at llull, and was numbered
204,730, and issued to John Pye, at Hull, on the 11th of
September, 1846. Witness, in consequence of some in.
formation which he received, went on board the Pacific,
lying in the London Docks, to make inquiries. The
prisoner Pye was on board, and witness asked him
where his Hull ticket was? He replied that he never
had a Hull ticket, and witness took him into custody.
Pye then took witness to his lodging, and gave to him
the original register ticket produced, acknowledging that
he had been registered at Hull, and that he knew he had
done wrong, but it was the fault of the captain who bad
made him do it. Witness then accompanied Pye to-
wards the Mansion-house, and in passing the house of
Thomas King, a licensed shipping agent, that agent
id..ntified the boy as a person whom he bad bound
apprentit e.
Mr. R. Peppercorn, clerk in the Register and Record
office for Seamen in the Custom House, said it was part
of his duty to register apprentices to seamen, and to put
the necessary questions previously to granting a regis-
ter. On the 2d of October a youth, whom witness be-
lieved to be Pye, applied to him to be registered as an
apprentice, and was accompaided by a Captain Gardner,
the captain of the Pacific. Witness put to him, amongst
other questions, the following:—" Have you, or have
you not, been registered before ?" and he said, " No."
Witness then asked him where and when he was born ?
and he replied in Kirkaldy, county of Montrose,
29th June, 1830. In consequence of his answers he had
a register ticket granted, a duplicate of which was pro-
duced, and the captain touk the indenture and the ticket
away with him.
Mr. Thomas King, licensed shipping agent under the
Board of Trade, saittthat he was employed by Captain
Gardner, the captaiii a the Pacific, and bound Pye to
that person as an apprentice on the 2d od October. The
bey was called forward by the captain, in order that the
indenture might be made out, and said that he ha l ob-
te ned a register at Hull, and that he was eighteen years
old. Witness said to the captain that the lad could not
be bound, as he w.is eighteen years of age. The captain
then told the boy to put the Hull ticket out of the way, and
say nothing about it, and witness said it would be illegal,
and ihe captain would he liable for his own actions. The
captain then said that witness would do him a favour by
Sante up the indentures according to the instructions,
and witness directed the indentures to be filled up ac-
cordingly.
The LORD MAYOR here said it appeared to him that
the agent who had been licensed by the Board of Trade
was much more culpable than either of the individuals
accused, as it was evident the imposition was sanctioned
by the authority of tee agent. The case having been
postponed for further evi ence, Mr. Holder appearel as
selicitor for Captain Garth.e-.
Mr. George Burnell, assistant to Mr. King, was called
fur the prosecution. He stated, that on the Ist of Octo-
ber be went on board the Pacific, in the Loudon Docks,

i ana.rec,ivcd instruction:, from the hc:y as to his age and
i trr,..i-p,ace. Th•J boy ..a.l Ile was sixteen years (.f ngc,. 1
That was merely a vi,it ;.-rcli;ninary to drawing up the
ikdenture:; at:d on the following day witness went en i
.
1 ,oard ~gttitt, and t',e captain aNd the 1).4 and Mr. King I
w. re on !),Ard. The captdu pointed to the b...y 0.,, tho 1
per,on h, wished to be iHKing ond, and Mr. said he
oa!d fi:l in tile name in the ind, utures. The nOy said h 1
wqs just upon sigh:een y( ars of :ige, and Mr.Klng said he
could not be bound at that age, and the captain said to
thd boy, si You must make it a little younger than that;"
an 1 the boy said, " Say sixteen, then—but how about illr
other re sister ticket?" The captain said, "ph, just.
lit ep that out of the way. You have no occasion to let
• • them s.ee it, as it is on!), a matter of form, merely a
nominal thing just to work the vessel out."
Mr. King said, "You trust mind what you are about
• clpta.m—you are acting contrary to the law." The
ciptAin said, " It's only juit to work the vessel out to
[Johan Town." Witrwss then fitted in the indentures,
and witnessed the signatures of the captain and the

crew.
Mr. King was called and re-examined by Mr. Hobler.
Mr. Hohler—You being a Government officer, did you,
knowing that the boy could not be apprenticed at
eighteen years of age, ti ,1 up the huh ntures and per-
form the necessary forms? Mr. King--I did not. It
was my assistant.—(Laughter.)
Mr. Hobler—Why did yeu not, knowing that the
whole of the business was Meted, tell the captain that
you could not act at all? Mr. King—l did tell him so.
But he entreated me very much.
Mr. Hobler—And you allowed him to do an illegal
act ? Mr. King—lt was not I that did it ; it was my
young man. —(Laughter.)
The captain declared that Mr. King was his agent in
the business, as well as the Government agent, and he
left all to Mr. King, who he supposed would nut sanc-
, tion anything that was decidedly wrong.
Mr. King—l told the captain he was acting in oppo-
sition to the law.
The LORD MAYJR —And still you obeyed the instruc-
tions of the captain ?
Mr. King—l did not. It was my assistant that filled
up the indentures. I assured the captain that he was
not justified, but there was no use in talking to him. He
would have the boy bound.—(Laughter.)
Mr. Hobler submitted that the case was a most flagrant
one against the Government agent, who had solicited to
be employed in the matter, and had afterwards betrayed
the captain, who, having been absent from England
twenty years, was not aware of the state of the law, and
relied entirely upon the judgment of the agent.
The LORD MAYOR said that Mr. Hobler's view of the
case was perfectly correct. The Government agent was
the offender, and he hoped the solicitor to the Admiralty
would take care that the matter should be represented
to the Board of Trade.
The So.icitor to the Admiralty said that if he had
known what had come nut in the presence of his Lord-
ship, he certainly would have hesitated before he charged
the captain, and that he should take care that the case
should be represented to the Board of Trade.
The Captain, in answer to the Lord Mayor, said that
he should take the boy with him as a seaman, and his
Lordship discharged both defendants.
GUILDHALL.
Mr. Joshua Freeman, one of the inspectors of forged
notes at the Bsnk of England, attended before Mr.
Alderman Gibbs, on summons fur detaining a sheet of
paper b longing to Mr. Alfred Mortimer Job, a stationer,
in Bread-street.
Mr. C. Freshfield, one of the sslicitors to the bank,ap-
peered on behalf of the defend Int.
Mr. Job said he complained of the detention of a sheet
of paper manfsetured by him, an 1 bearing the name of
Dupont and Cu. in the water mark. Mr. Freeman took
it from him a month ago at the Beek of England. He
called on complainant and inquired about some paper he
had made for Mr. Thorntor, the same gentleman that
committed suicide in a station-house a short time since.
Witness told him he thought he had preserved (me sheet
of it for his register of specimens, but of course he could
not part with that. He found the sheet arid took it to
the bank to show Mr. Freeman, who seemed to want to
keep it. Witness told him he could not part with it, but
he delivered it to him to show to the governor. After
keeping him waiting for a long time he returned, and
said he intended to detain it. Complainant said this was a
very arbitrary proceeding towards a respectable tradts-
man, and insisted that his property should be returned to
him. After some discussion, Mr. Freeman promised
to return it by noon that day. He, however, did not
do so, and witness was obliged to take this course, upon
principle, to show that even the bank could not be suf-
fered to treat people in an arbitrary manner,
Mr. Freshfield replied that the circumstances of the
case were rather extraordinary. A man named Thorn-
ton destroyed himself a short time since while in cus-
tody, charged with having possession of a forge d bank-
note. At his lodgings were found a plate anti imple-
ments for preparing forged notes, and it was discovered
that Mr. Job had manufactured the paper for him.
The paper had the curved or waving bar in the water-
mark precisely like the Bank of England notes, and by
one of the Acta for preventing the crime of forgery, it
was Enacted that no person should manufacture paper
with a curved or waving bar watermark, en pain of
' transportation for 14 years. The way in which Mr.
Job met the inquiry indaced the bank to believe he had
offended inadvertently, and no proct-edine was take.
against him, though the mischief he had enabled Thorn-
ton to commit whs enormous. Ile had manufactured for
him paper for 10,000 notes, which might have been filled
up as 100/. or 1,000/. notes, and circuleted in India and Eu-
rope. The paper had fortunately been seized at Alex-
andria on its way to Cairo, where Tnornton had an
establishment. If Mr. Job flattered himself that I e
might lawfully have possession of paper on which he
could fabricate false notes, he was mistaken. It was
declared to be a felonious act to make such a water mark
or to have such a sheet of paper in possession. lie
warned Mr. Job that he would be treated as a felon if he
were found offending again.
Mr. Job said the Act which Mr. Freshfield referred
to only related to the making of paper to be used in
England, but he had a perfect right to make paper iu
any fashion for exportation, to be used by banks in
foreign countries. The Act could not be so stringent as
to making water marks of curved lines, or as to having
possession of paper so marked, for many of the country
banks printed their notes on such paper. It was a com-
mon thing to find the water mark of a ioeal note of a
wavy pattern like a Bank of England note.
Mr. Freshfield said he was nut aware of any such in-
fringement of the law.
Mr. Alderinan Gums inquired for the section of the
Act to which Mr. Freshfickt had referred.
Mr. Freshfield handed to him the 11th George IV.,
cap.' 66, sec. 13, 14.
Mr. Alderman Gums read it, and said Mr. Job was
certainly mistaken. There were no words of limitation
in favour of paper made to be used abroad. It was un-
lawful under any eircumstaects fer any one bat the
Bank of England to make paper like theirs in respect to
curved or waving watermark lines. He gave the Act to
Mr. Job to see if he could discover any exception that
would avail him.
Mr. Job and a friend turned over the statute for a
few moments, till Mr. Freshfield said he would make
him a present of that copy, that he might look at it care-
fully. He took this opportunity of recommending him
to get rid of an instrument which had been seen in his
house, and which was urea by manufacturers of spurious
gold celar.
Mr. Job said this was mentioned to prejudice him as
a respectable tradesman. They were used by his fati,er,
and he had a right to have them, for they were simply
implements to be used in gilding, a mere battery.
Mr. Alderman GIBES recommended Mr. Job to with-
draw his complaint. If he asked for a decision another
magistrate must be called in, for one magistrate could
not determine on the complaint.
Mr. Job at first said he would have a decision.
Mr. Alderman Glans again recommended him not to
pi:trilemteshssrsd.ofuor i
jieotibot.
respect,
st
ahied, then
directors
d na a
ot
tt all events a
ket
rveeeatnhtt
es
respectable
ehecotaparebbdi
arbitrary
w at
tradesmen
cue
olsi
nul
irebs
nee
as they had with him.
Mr. Freshfield (laughieg) said no doubt the director:
would take the lecture from his hands.
The bank, therefore, retained the sheet of paper in
issue. It was produced in Court. It was larger than a
bank note, and had a border of watermark all round, the
words " Dupont and Co." appearing at the top and
bottom, and " Egypt" on each side ; but a distinct
water line showed where this border might be cut off,
leaving s centre piece exactly the size of a bank note,
and leaving a watermark of curved ur waving lilies ex-
actly resembling the bank note.
MISCONDUCT OFBAOSWOI.SDITEtE--I'.E. '7d'evurd Ferby, a pri-
vate in the Scots Fusileer Guards, was charged with
wantonly breaking windows in a public-house, while in
a state of intoxication.
Mr. Perry, of the Crooked Billet, Wych-street,
Strand, proved, that at, nine o'clock on the previous
evening, the prisoner and two other soldiers, all of whom
were drunk, came in and haul three lislf.pin,s of rum.
They entered into conversation with a bystander, and
offered to measure the musch s of their u.rms with his,
but he declined, on which they wished to have a spar-
ring-match with him ; but witness prevented this by
turning them out of the louse, and shutting the door.
This rendered them very fur oes, and the prisoner broke
no less than seven panes of glass, some of which were
worth 264.
'the prisoner, in his deface, declared that he was
drunk, and had no recollection of tl.e acts charged
against him.
Mr. Wilson, of the Two Spies, Catherine-street, also
preferred a charge of breaking windows against the
prisoner.
It appeared that as he was hung conveyed to the
shlion house on the first charge he took off his belt
and, dashing it through the window, broke two squares
of glass, and also pal tof the sash. He conducted him-
self in such a violent manner that it required twelve con •
stables to convey him to the station house, One of whern,
135 F, kicked in a most severe manlier, and threatened
to murder any one who touched him.
Mr. nee sail it was evident that the mischit f was
occasioned by Mr. Perry allowing liquor to persons in a
state of intoxication, and it was an otfeece on his part to
admit such persons into his house. He would take care
that the facts shouhl be laid before the licensing magis-
trates at the annual licensh g day, as Mr. Perry aught to
be punished. At the same time the prisoner should be
made to feel that he could not be permitted to commit
such violent acts, and also that intoxication was no ex-
cuse. Ile therefore committed him for 21 days for the
assault on the police, an,. ordered him to pay 265. for the
destruction of Mr. Perry's windows, or, in defuldt, 15
days' imprisonment. and also as. or five days' Imprison-
meet fur the damage done at Mr. Wilson's.
Mr. Perry assured the magistrate that he had n' t sup-
plied the prisoners with liquor, but that they were treated
by persons who were present.
MARGLIOROUGH-STRE,E7'.
THE CASE OF MRS. LOMAX.—Mr. Lomax, a solicitor,
the eldest son of General Lomax, attended the Court