The Sun.
London, England, 1848-09-07 00:00:00

LAW INTELLIGENCE.

LIVERPOOL DISTRICT COURT OF BANK
RUPTCY, Sept. 6.
SIARTON, IRLAM, AND HIGGINSON'S AIFAIRS.

To-day these bankrupts appeared before Mr. Sergeant
Ludlow, on their adjourned last examination. The
hearing of the case had been adjourned, in order that
the accounts of the bankrupts might be amplified.
An application was made on behalf of Messrs. Lyon
and Bell, merchants, of Bahia, whose names have been
repeatedly before the public in connexion with this bank-
ruptcy, to prove for 7,3201. upon fourteen bills of ex-
change accepted by the bankrupts for advances made b;y
Messrs. Lyon and Bell upon the cargoes of two vessels,
the Gipsey and Indus.
Mr. LOWNDEB, solicitor for the assignees, opposed the
reception of the claims.
Mr. Arthur Lyon was examined at great length. In
answer to Mr Lowndes, he said he and his partner had
received• freights on account of the bankrupts their
authority for doing so being an unpaid bill for
2,000/., which had been drawn on account of the
cargoes of the Indus and Gipsey. It was not until
after that bill was dishonoured that they received
those freights. He sent the cargo of one of
the bankrupt's vessels, called the Lancaster to Ham-
burgh. It was sold to meet the bills drawn against it.
He received about 11,0001. from the sale of that cargo.
The cargo of a vessel called the Alecto was sold, part in
London and part in Liverpool. He had received about
5,0001 or 5,5001. from Alecto's cargo. The bill of lading
of the Alice was endorsed to Messrs. Carruthers, De
Castris and Co., and Messrs. Horrocks, Jackson, and
Atherton, jointly. They were entrusted with it to dis•
po;e of the proceeds in discharge of the bills which had
been drawn against the cargo.

Mr. LowNiEs—Then if—the bills of lading of these
several ships have been unduly handed over to you, you
are debtors to the bankrupts' estate 11,0001., 5,500 L, and
7,000/. ? Mr. Lyon—l do not know how the law is
on that point.

Mr. LOWNDES-At the late trial, if the Attorney_
General cast a slur upon your mercantile stability, had
he your authority so to do ? Mr. Lyon—l am not
aware of it.

Mr. LOWNDES—If ho did make that statement, Was it
unauthorised by you ? Mr. Lyon—Quite so.
Mr. LowNDEs—Whatever the upshot of your transac-
tions with the bankrupt's house may he, are your means
quite adequate to meet your engagements ?
Mr. Commissioner LuDLow—This would be a most
cruel court if a witness were bound to answer such a
question.
The witness, in answer to the Commissioner, said,
the transactions in favour of the Gipsey and Indus, for
which he sought to prove, were altogether distinct and
separate transactions from those of the Lancaster and
other vessels, in respect of which he held or claimed
transfer, mortgage, or security. He claimed no interest
or benefit in respect of the debt which he now wished to
prove, from the cargoes or proceeds of such other yes-
s: is ; and if it was considered that he had any such se-
curity upon them he disclaimed and relinquished it. The
gross amount he offered to prove for was 7,3001., but he
tendered a proof for 6,6001., 7001. having been received
on account of the bankrupts for freights.
Mr. Nonnxs, for the creditors, having offered some
observations in support of the claim,
Mr. LOWNDES spoke in opposition to it, saying that
Messrs. Lyon and Bell had already paid themselves out
of three cargoes, which two juries had found they had
got possession of by fraudulent preference. He argued,
that where a creditor, on hearing that his debtor was
about to fail, obtained goods from him to the amount of
part of his debt, and the debtor afterwards became bank-
rupt, he was not allowed to prove his debt, or any part
of it, unless he consented to give up the goods so ob-
tained.

The COIrIISSIONER thought that objection did not
ractespveecrtmtoigthhte
dhiasvpeosbiteioerni
miscond wliVthh
of certain property, if an individual concerned had a
good debt in respect of another property he must not be
precluded from proving it against the estate. It was
established that the transactions were quite independent
of each other, and therefore the fraudulent preference
in respect of one transaction did not debar a creditor
from proving when no such objection attached to an en;
tirely separate matter.
At the instigation of Mr. LowsnEs,
His lioNotta consented to reserve his final decision
upon the point until a future (lay.
After a proof was admitted on behalf of the treasurer
of the Literary Society in Barbadoes, it was agreed that
the examination of the bankrupt should be again ad-
journed, in order to afford the official assignee more
hlearing
was oarmigpilnealopapn7irsitumnei:ltydeodf
binvestigatingt
s.and
hree cnoenxcti
was fixed fur the 20th inst.

Her Serene Highness the Princess Hohenlohe
arrived in London last evening by express train at the
Joint Station, London-bridge. One of the private car-
riages of the Queen Dowager was in waiting for the use
of her Serene Highness.

POLICE INTELLIGENCE.
MANSION-HOUSE.

Henry Herbert, a dentist, was brought before the Lord
Mayor, charged, upon his own confession, with having
stolen a box of deeds.

Mr. Creed, of Bury-court, Bury-street, St. Mary
Axe, said that a few weeks ago a box of deeds was left
in his charge by a clerk to a solicitor reiding in George-
yard. It was a japanned box about two feet in length,
and with the particulars of the contents he was not
acquainted. lie believed them, however, to relate to
some property belonging to a Mr. Burney, whose name
was on the lid. A few days ago the prisoner called at
the house and said he had taken the box and left it in
the street, but where he could not say, neither could he
tell what had become of it. Witness fancied that who-
ever stole tho box must have watched him out, and then
whipped the box out of the house, the hall-door of which
had not been fastened.

The prisoner, it appeared, was, upon making the
acknowledgment of the offence, for the commission of
which he had assigned no motive, taken to the Giltspur-
street Compter and examined by the surgeon of that
gaol, the suspicion entertained being that he was insane.
The certificate of the surgeon, however, stated that the
young man was perfectly in possession of his senses.
The LORD MAYOR questioned the prisoner, who
stated, without hesitation, that about six weeks ago he
walked into Mr. Creed's house, and walked off with the
box. He did not know why he performed so extraor-
dinary an act, nor did he know exactly the time, but he
was sure he took the box to C ttherine-street, in the
Strand, and deposited it at the door of one of the news-
paper offices there.
Mr. Creed said he had no doubt that the object of the
prisoner was the sinister one of getting a reward. The
box was not, he stated, missed for some time after it
disappeared, but it was quite impossible that it could
hays been taken six weeks ago, as it had not been sent
to the house until after that time.

Inspector Fosbury said the prisoner's first statement
differed essentially from that which he subsequently
made, inasmuch as he stated then that he had stolen
the box of deeds three weeks ago, and left it in St.
Mary Axe.
The LORD MAYOR said it was probable that the fact
of the loss of the deeds, and the circumstances already
disclosed, would, through the medium of the newspapers,
lead to the discovery of them, and remanded the prisoner
for a week.

BOW-STREET.
Montague - Douglas Scott, solicitor, who has been
under remand for stealing plate from a number of silver-
smiths, was again placed at the bar.
There were several new charges against the prisoner,
including one of ' a different character,—namely, ob-
taining goods by means of a cheque which was dis-
honoured.
Mr. A'Beckett, solicitor, attended for Messrs. Tho-
mas and Son, silversmiths, of Bond-street, of whom the
prisoner hired a number of silver forks, spoons, ladles,
&c., in May last, paying the charge for hire in advance,
He had called occasionally after the first hiring to renew
or obtain fresh articles, and when the prosecutors ulti-
mately sent to the prisoner's chambers in the Adelphi,
to have the goods returned according to agreement, it
was ascertained that he had absconded. 'They after-
wards found that the whole of the things had been
pawned on the same slay, and immediately after they
had been hired.
The prosecutor in another case wished to withdraw
the charge out of regard to the feelings of a very re-
spectable family, who had been made miserable by the
prisoner's misconduct ; but
Mr. HENRY felt bound to compel the prosecution of
every charge of which he had taken cognizance.
As the evidence had not been completed in either of
the cases,
Mr. HENRY remanded the prisoner for another week.
WORSHIP-STREET.
- -

A determined. looking fellow, named Williams Carroll,
described as a French polisher, was brought up before
Mr. Arnold, charged with having been concerned with
others not in custody in the following vindictive attack
upon the police:—
Skelton Rowley, of the II division, who presented a
shocking appearance, his face being very much swollen
and disfigured, and one of his eyes closed up, stated, that
shortly before nine o'clock on the preceding evening he
had occasion to call, upon business, at the Ben Jonson
public-house, in Pelham-street, Spitalfields; and, after
remaining there some time with another officer, both of
them dressed in plain clothes, the prisoner, who was an
entire stranger to them, entered the parlour, and, look-
ing stedfastly at him for a moment, hastily left the
room. He was only absent a few minutes, however,
when he returned, accompanied by four or five other men,
one of whom made some observation to attract witness's
attention, aud, on turning his head, he received a vio-
lent blow in the face, rapidly followed by two or'
three others on the eyes, which nearly blinded him; and
while endeavouring to defend himself, a.simultaneous at-
tack was made upon him by the whole of the party, who
flung him heavily upon the floor, and the prisoner knelt
upon his chest and held him down, whilst he and the
others kept unceasingly beating him about the head and
face with their fists for several minutes, one of the men
inciting the others to ill-use him by repeatedly exclaim-
ing, " Give it him; he's the policeman that hunted
down the Chartists." After beating him until he could
not see out of one of his eves, and he bled so dreadfully
that his clothes were completely soaked with blood, they
alt jumped up and hurried out of the room, and on fol-
lowing them, as soon as ho had sufficiently recovered to
du so, he found that they had all effected their escape,
with the exception of the prisoner, whom he grasped
hold of at the bar, but who broke away from him and
ran into a dark room at the back, where, with the as-
sistance of the other officer, he was ultimately secured
and lodged in the station. The witness added, that that
neighbourhood was replete with Chartists, and as he
had been in the habit, in the execution of his duty, of
attending their meetings, and had apprehended one of
their leaders, he had been frequently warned to be upon
his guard, and several times threatened with summary
vengeance for the part he had taken in such pro-
ceedings.
Another constable, named Mosely, who was in the
last witness's company at the time in question, positively
identified the prisoner as having taken a part in the at-
tack, and deposed to having been also severely beaten
while endeavouring to rescue Rowley from the brutal
usage of his assailants. In justice to thw landlord of the
house place, and who was out
at the where
itsthf e
nce,the witness stated that it
was not
which were used by the Chartists
as places of rendeavous, and that he felt
tiin
oen eof of
outrage
of
took
of that locality
satisfied the prisoner and his companions must have
watched them in, and burst into the room in the manner
described, for the sole purpsose of wreaking their ven-
geance upon them when they could not procure as-
sistance.

When called upon for his defence, it was intimated by
a young man standing near the prisoner that he was
formerly both deaf and dumb, and had now only imper-
fectly recovered the faculties of speech and hearing; but
the police stated that he was in perfect possession of
both the night before, and on being questioned by
the magistrate as to whether he comprehended the
nature of the evidence given against him, the prisoner
distinctly replied that he did not. A young woman
stood forward and asked to be allowed to explain the
evidence to him, upon which Mr. Vine, the chief clerk,
read his notes over to her, and she interpreted them by
broken sentences and gesticulations to the accused, who
immediately answered in a clear and unhesitating man-
ner that he had taken no part whatever in the assault.
The sister then stated that she had two or three per-
sons in attendance who could prove that her brother
had iot been actively concerned in the attack upon the
police, though he was certainly present while it was
going on; but
Mr. ARNOLD said that their evidence had much better
be reserved, as it was a case of far too serious a descrip-
tion to be dealt with summarily, and he should therefore
send it for the adjudication of a jury.
The depositions were consequently taken, and the
prisoner, a man about thirty years of age, was fully
committed to Newgate for trial.
LAMBETH.

Mr. ELLtorr received the following letter from the
Rev. Henry Burton, vicar of Atcham, near Shrewsbury,
and a magistrate for the county of Salop:—
" Atcham, near Shrewsbury, Sept. 4.
" Sir,—l take the liberty of forwarding to you the
copy of an application I have this day received. At this
distance, I have not the means of ascertaining whether
the statement it contains is true or false; and, there-
fore, hope you will excuse my sending it to you, in the
hope that you will allow one of your officers to make in-
quiries into the matter. The applicant is totally un-
known to me. Hoping that you will not think I have
done wrong in placing this before you,
" I remain your faithful servant,
"HENRY BUR rON, Vicar of Atcham,

" And Justice of the Peace for the county
of Salop."
(Copy of Application.)
heart,which want kindness
n noesfs
e h s
1%0 1
yl.me fee,most 25, William-street, Nelson-square, Lambeth.
dtz
pi, and the "Dr. Henry Dewhurst humbly implores to charitably
eg urlamteofsutl. fatal effectsseased
buy his book, The Moral Philosopher,' 83. 6d., for
of typhus fever to himself, wife, and two out of four chil-
dren, have plunged him into the deepest distress. For
two days they have not tasted food. His wife is fast
sinking from consumption, and want of nutriment. All
they had is in pledge, even his clothes for ss. 6d. An
early reply is humbly supplicated.
" To the Rev. Henry Burton, Atcham, Shrewsbury."
Mr. ELLIOTT, in obedience to the wish of the reverend
gentleman, placed his letter in the hands of Sergeant
Goff, and requested him to make the necessary inquiries
into the matter, but at the same time said he had no
doubt whatever, from the inquiries he had caused to be
made about the same person twelve months since, that
Dewhurst would be found to be an impostor. Yesterday
Sergeant Goff informed his worship that he had paid
Dewhurst a visit at the house No. 25, William street,
Nelsen-square, and found him to be the person who bad
formerly, and up to the period of his being exposed at
this court, about twelve months since, carried on a very
successful system of imposture in the Cornwall•road,
Lambeth. From inquiries he (Goff) had made, he had
no doubt whatever that Dewhurst was at present carry-
ing on the same system of imposture on the benevolent.
In the course of his inquiries he found that Dewhurst
had written within the last few days a letter to the Rev.
Mr. Jermyn, of Canterbury, in precisely the same terms
as those addressed to the Rev. Mr. Burton, but
in which he had described himself as an M.A., and a
professor of astronomy, &c. The reverend gentleman
forwarded the letter to a Airs. Power, a lady residing
in Nelson-square, and a friend of his, requesting that
some inquiries might be made about the writer•, and
Mrs. Power placed it in the hands of Mr. Tebbitt, a
surgeon in the Blackfriars-road. Mr. Tebbitt called •
on Dewhurst and felt perfectly satisfied that he was au
impostor.

Mr. ELLIOTT (to Guff)--Then, from all that you
have seen and learned, you believe the statements set