The Sun.
London, England, 1848-03-27 00:00:00

LAW INTELLIGENCE.

JUDGES' CHAMBERS, Sergeant's Inn, March 25.
(Before Mr. Baron rARKE.)
fIOUGH v. ROSS.

The defendant, connected with the Heir at Law
Society, obtained a summons calling on the plaintiff, his
detaining creditor, to show cause why he should not be
discharged out of the custody of the Sheriffs of Middle-
sex, having been taken in execution when he was pri-
vileged from arrest.
It appeared that the defendant was heard in the Insol-
vent Debtors' Court on Wednesday, and his petition was
dismissed. After he had left the court he was arrested
by one of the opposing creditors, and he now applied for
his discharge, on the plea that he was returning home
from attending the court, and was privileged from being
arrested.

On the part of the defendant, a clerk from the office
of his attorney (Mr. Buchanan) asked his Lordship to
make an order for the discharge of the defendant. An
affidavit was put in evidence, made by the defendant, in
which he merely set forth his application to the Insol-
vent Debtors' Court, and that he was arrested outside
the court.

For the plaintiff, his solicitor (lir. Ashley) urged that
the defendant had applied under the Protection Act, and
was therefore a voluntary applicant. When his petition
was dismissed there was an end to his case, and the pro-
tection, which was only granted to the hearing, yeas
thereby reversed.
His LonDsDir was of opinion that it was a❑ important
point. It had been raised for the first time under the
Protection Act, and he should consider the matter before
he gave his decision.
The summons was adjourned.

COURT OF BANKRUPTCY, March 25.
(Before Mr. Commissioner FANE.)
IN RE COOTES AND HILLARD.
These bankrupts came up for last examination. The
following is their official description:-" Egra Jenks
Cootes and John Hillard, of Bread-street, Cheapside, of
Manchester, of Liverpool, of Leicester, of Nottingham,
and of New York, America, merchants."
Mr. Reed, who appeared as solicitor to the assignees,
prayed an adjournment, in order that he might examine
more minutely the extremely voluminous accounts which
had; been prepared-the balance-sheet alone extended
over 120 folios.
The CommissioriEn adjourned the case to the 7th of
April, fixed the audit for the Ist of May, and the divi-
dend for the 3d.
The following are the main figures of the balance.
sheet prepared by Mr. G. Butler, accountant, Pancras-
lane. It commences on the Ist of September, 1844, and
terminates at the date of the fiat, on the 27th of De-
cember, 1847:-
Dr.-Creditors unsecured, 45,264/. 3s. sd. ; holding
security, 27,993/. I Is. 2d. Total, 73,257/. 14s. 7d.
Cr.-Assets in England-cash and bills, 7,3431. 2s.
4d.; good debts, 1,313/. 105. 11d.; doubtful, 2,502/. Ioi,
Id.; property in the hands of English creditors, 23,0821.
6s. 10d. Total, 34,1411. 10s. 2d.
American Claims.-Debtor-Creditors unsecured,
16,8891. 4s. 3d.; holding security, 42,993 L 55.; profits,
25,4061 12s. 7d.; capital 14,717/. 12s 9d. Grand total
of English and American claims, 134,660/. 7s. 7d.
Cr.-Assets in American cash and bills, 6,204/. 14s.
7d.; good debts, 3,852!. 9s. l Id.; doubtful, 83/. 4s. 7d.•
property in the hands of American creditors, 14,9611.
16s. 7d.; business expenses, 15,796/. 12s. 7d.; losses
164,7781. 1 ls. Id.; amount drawn out by firm, 4,981/.
17s. 2d. Grand total of English and American assets,
134,660/. 7s. 7d.
In addition to the above, when the bankrupts sus-
pended payments, their liabilities were 64,3311., which
have since nearly all run out.
ADJOURNMENT SINE DIE-IN THE MATTER OP H.
SHELDON.
The COMMISSIONER observed that in this case the ac-
counts had been evidently manufactured for the purpose
of deceiving the creditors and the Court, a practice
which he regretted to say was of but too common an
occurrence in these courts. There were no proper books
kept, no assets for the creditors, and he would adjourn
the last examination sine die.
(Before Mr. Commissioner GOULBURN.)
RE A. C. li. °nature.
This bankrupt had been a lady of fashion, keeping
several extensive establishments at the west end of the
town, but latterly had embarked in the business of a
butcher at Hackney.
Her debts did not exceed 750/., and it may be remem-
bered a subdivision court was held, in order to ascertain
if she had concealed a quantity of plate, jewels, &c., and
whether a roll of papers ostentatiously displayed by her
at the Haymarket Theatre to a friend, was Bank of
England notes, as declared by her at the time, or flash
notes, as she had subsequently asserted.
The Subdivision Court was of opinion that there was
not sufficient evidence to commit the bankrupt to New-
gate, and she now came up from the Queen's Bench
prison to pass her last examination. She denied that
she was in the receipt of an annuity from a gentle.
man, which was paid at Coutts's Bank, and as it ap-
peared that the accounts she had produced were the
best she could render, the Court passed her examina-
tion, reserving the question of her conduct as a trader
till she applied for her certificate.
IN RE YOUNGMAN.
This bankrupt had been a wine merchant at Nor-
wich, and came up to pass his last examination. He
had assigned his books to an attorney, who refused to
give them up, and filed no balance-sheet.
His Ilotioun said he should specially report the case
to the Vice-Chancellor, and as the Lord Mayor and
another eminent merchant were the assignees, he would
g ye them every assistance, as he had yet to learn that
there was any law by which a trader might assign his
books unknown to his creditors, and immediately before
his bankruptcy.
The bankrupt underwent a very lengthened private
examination, after which, Mr. Cooke stated that the
bankrupt had made no effort to file any balance-sheet,
and the Court adjourned his examination sine die.

ASSIZE INTELLIGENCE.
OXFORD ClRCUlT.—Herefurd, March 24.
CROWN COURT.—(Before Mr. Justice Caass WELL.)
Thomas Had, 26, was indicted for burglariously
breaking open the dwelling house of Eliza Wint, at Dor-
stone, and stealing various articles therefrom, on the
lath of January last.
Mr. Cooke prosecuted; the prisoner had no counsel.
The prosecutrix went to bed about eleven o'clock,
leaving her premises secured, and on the following
morning the servant found that the house had been en-
tered by a pane of glass having been taken out of the
kitchen window, and the casement opened by that means.
Some silver spoons and various other articles had been
stolen; some footmarks in the garden were found to cor-
respond with the prisoner's boots, but far more conclu-
sive evidence against him was, some portion of the stolen
property which was found in his possession at eleven
o'clock the next morning, when taken into custody by
constable Challenger, and the remainder of it was shown
to have been sold by him to a person named Sarah
Mason.

The prisoner was found Guilty, a previous conviction
proved against him, and he was sentenced to be trans-
ported for ten years.
Richard Radford, 32, was indicted for stealing, at
Burgh-hill, on the lath of February, 1847, one ram
sheep, the property of Wm. Buuniug.
Mr. Skinner conducted the prosecution, and Mr.
Woulrych defended the prisoner, whose case was in.
vested with a peculiar degree of interest from the fact
of his having made his escape, after committal on this
charge, from the county gaol on the sth of March,
having been committed on the 22d of February. No-
thing more was heard of him until the 30th of October
last, when he was taken into custody at the iron works
near Merthyr, in Wales; and on his way to Hereford
he made a most desperate effort to escape from the cus-
tody of the police•officer, on whom he committed a
violent assault, but was eventually overpowered, and
safely lodged in his old quarters, from whence he came
up for trial to-day, upon a bill of indictment, found true
against him at the Spring assizes of 1847.
The facts of the case, independent of these extraneous
circumstances, were short in themselves, although being
mostly circumstantial, a number of witnesses were called
to prove them. Three sheep were in the prosecutor's
field, and on the morning of the 19th February he found
that one of the three, which was a one eyed ram, had
been stolen, a portion of the skin and entrails being left
in the field by the thieves. Some foot-warks were ob-
served, and on a comparison with the prisoner's boots,
they were found to correspond " tolerably well," as the
witness expressed it. The chief evidence,,however, against
the prisoner, was that of an accomplice, named Jones,
who was admitted Queen's evidence. It appeared he
was first taken up himself, and remained in prison on
the charge for several weeks. The prisoner lodged in
his house, and, according to his statement, some mutton,
with the heart and lights of a sheep, was found in a bag
stained with blood, which Jones said was brought there
by Hackford, whom he came down stairs to let in at four
o'clock on the morning of the day named in the indict-
ment. The prisoner said he had killed " one of Mr.
Bunning's tups." He had previously told Jones he
meant to have one of them, and asked the approver to
accompany him on his criminal expedition.
The jury found the prisoner Guilty ; and a previous
conviction at the Spring Asses of 1845 being proved
against him, he was sentenced to be transported for ten
years. On leaving the dock ho exclaimed, "I am inno-
cent, my Lord."
Mr. Skinner made an application on the part of police
officer Richard Saddler, who apprehended the prisoner,
for some compensation to be made him for his courage in
capturing the prisoner.
and I rh.
eJ usti ce
deposed,Cr e e
poprrdeehreendd tehde t
hofficer i
stoon be
re
osworn,
handimbeinento clouosktoidnyg
oanutthfoorriitiyiniofs teshoentPhoplirceeviGouarlyt.te.
II tookon the liirwen mountains, in the neighbourhood of
Aberdase, county of Glamorgan. Ho resisted me very
much. We fought for an hour. Some of the people
assisted him rather than me ; they gave him my staff,
and he struck me with it. He cut me with a knife on
the forehead, in the eye, and in four places on the back
of the head.—(Sensation in Court.) It was a life and
death struggle almost. I was ill a long time from the
injuries."

The JUDGE—I will consider of it.
The officer must evidently be possessed of more than
ordinary courage, as he is but a slim weakly-looking
man in comparison with the prisoner.

WESTERN CIRCUIT.—Eseter, March 24.
CROWN COURT.—(Before Mr. Baron PLATT.)
THE TIVERTON MURDER..

This being the day fixed for the trial of the parties
charged with the murder of Richard Fisher, a farmer, at
Cruwys Morchard, intense excitement prevailed. The
Court was crowded at an early hour, the bench and grand
jury gallery being, as is usual on these occasions,
crowded with well•dressed ladies.

At ni le o'clock Mr. Baron Platt took his seat on the
bench,