The Sun.
London, England, 1846-06-25 00:00:00

The jury returned a verdict for the plaintiff for 461. I Is.3d.

COURT OF BANKRUPTCY. June 23.
(Before Mr. Commissioner EvAss.)
Ex PARTE BARRY IN RE L. T. GASKILL.

The sitting in this case was for the purpose of contesting
the validity of a fiat in bankruptcy issued by Mr. Barry, the
proprietor of the Shipping and Mercantile Gazette, the Jour-
nal of Commerce, and the Railway Courier, against Mr.
Gaskill, the advertising agent of Mocrgate-street, on a debt
of 9131., for advertisements inserted in those papers. The in-
vestigation appeared to cause great interest among the mem-
bers of the press, and several of the proprietors and repre-
sentatives of the metropolitan daily journals were present.
The chief point at issue was, whether an advertising agent
was a trader within the meaning of the bankrupt laws?
Mr. Cree, of the firm of Vandercoym,Cree, and Co., attended
for Mr. Barry; and Mr. E. James, assisted by Mr. Ashurat,
appeared for Mr. Gaskill.
The proceedings were opened by the calling of witnesses to
prove the alleged trading.
Mr. J. Jeayes, clerk to Mr. Gaskill, deposed to the fact of
his employer being an advertisement agent, and receiving
advertisements from public companies, auctioneers, and other
persons for insertion in the various newspapers. Mr. Ga,kill
did not purchase newspapers with the object of selling them
again. He was not aware that Mr. Gaskill was one of the
proprietors of the Railway Mail. Mr. Gaskill discontinued
his business about the time the railway panic came on. It
was known very well where Mr. Gaskill was to be found.
Mr. Dobie was acting as solicitor to the general body of cre-
ditors, and Mr Barry was quite aware of that, a circular on
the subject being sent to him. Mr. Gaskill never received
orders from any of the companies fir any quantity of news-
papers—at all events he never executed any.
Mr. JAMES said he had no questions to ask this witness.
Mr. Alexander Dobie, of 2, Lancaster-place, Strand, soli-
citor, was next examined—He said he had known Mr. Gas-
kill for ten years and upwards. At the end of November
last he was consulted by Mr. Gaskill on the state of his
affairs. At that time he (Mr. Dobte) could not say that Mr.
Gaskill was unable to meet the claims of his creditors, be-
cause there were some thousands due to him beyond what he
owed, all of which he believed to be perfectly good. lie (Mr.
Dobie) convened a meeting of Mr. Gaskill's creditors in
January last, at which he (Mr. Dobie) made a verbal state-
ment on the condition of that gentleman's affairs At that
meeting certain resolutions were passed which were embo-
died in a report of the proceedings. The following circular
was then put in and received in the ordinary form of evi-
dence :

" At a meeting of the creditors of Messrs. Gaski II and Co.,
advertising agents, 54, Moorgate-street, City, held at the
Crown and Anchor Tavern, on Wednesday, the 21st Jan,
1846, at 12 o'clock precisely, pursuant to a circular letter of
the 16th inst., of which the following is a copy:—
" Sir,—ln consequence of being unable to collect the large
sums of money due to me by various railway companies for
advertising in your paper and in others, and altogether
amounting to a sum exceeding very considerably my liabi-
lities. I placed the accounts in the hands of Alexander Dobie,
Esq., solicitor, 2, Lancaster-place, Strand, in order to effect a
settlement; and finding from him that it will require more
time to do so than I expected, I have respectfully to request
the favour of your attenctance on Wednesday next, the 21st
instant, at 11 for 12 precisely, at the Crown and Anchor Ta-
vern, in the Strand, when a statement will be submitted to
you for your information, and to take your instructions what,
under the circumstances, is the best to be done for the in-
terest of all parties.
" I remain, sir, your meet obedient,
" L. T. GASBILL."

" 54, Moorgate-street, City, Jan. 16, 1846."
"The circular letter of the 18th of January, above referred
to, having been reed by Mr. Dobie, the solicitor of Messrs.
Gaskill and CO, he then stated to the meeting that on the
29th of Novembeflast. Mr. Gaskill placed in his hands a num-
ber of accounts .against various railway companies for adver-
tising them in the newspapers and other journals, amounting
to the sum of 17,9791. 135., and at the same time they
handed him a list of their liabilities, amounting to the sum
of 13,1081. 16s. Id., with instructions to use every means in
his power to collect the sums due, and to pay the same when
received amongst those having clsims upon them. That ap-
plication was immediately made to the several companies, and
arrangements have been come to whereby there is every rea-
son to believe more than sufficient will, ere long, be received to
pay every creditor his full demand, and leave a considerable
surplus. That the carrying of these arrangements into ex-
ecution has been and is greatly retarded by attachment 4
from the Lord Mayor's Court, which have been issued by
the following journals, namely,—' The Sun,' the Shipping
and Mercantile Gazette,' the Globe,' and the • Railway Ex-
press;' and the serving of the same upon the secretaries of
most of the railway companies indebted to Mr. Gaskill, and
which has afforded and still affords them an excuse for not
coming to a settlement until the attachments are withdrawn.
That it was and is Mr. Gaskill's determination not to inter-
fere with the receipt of the sums due, but that the same
should be paid to his solicitor for the purpose of being equally
divided. And lastly, it was stated that in a few months there
was every reason to hope more than enough would be got to
pay every one without having recourse to legal proceedings,
whereby much expense would be saved, and the difficulties
and delays of the law avoided.
"On the motion of Mr. Collinson, of the' Morning Coro.
nide' ' Mr. Jeremiah Garnett, proprietor of the Manchester
Guardian,' was unanimously called to the chair, the repre-
sentativeslsewspapers being present fhe
of the following
Morniag Herald," The Morning Chronicle,' ' The Morning
Post,' The Morning Advertiser,' The Standard," The
Globe,' The Sun," Railway Times,' • Railway Chronicle,'
Herepath's Journal," Railway Record,' Bradshaw's Rail-
way Gazette,' Railway Director,' Mining Journal,' The
Era,' 4 Bell's Weekly Messenger," Atlas," English Gentle-
man,' British and Foreign Railway Review,' London Mer-
cantile Journal,' Railway World,' Railway Standard,'
Railway Express," Manchester Guardian,' Manchester
Courier,' • Bristol Mercury,' Edinburgh Register,' Bath
Herald," Bristol Mirror,' Birmingham Journal,' Birming
ham Advertiser,' 'Birmingham Pilot,' Cheltenham Exa-
miner," Hull Advertiser,' ` Leeds Intel ligencer." Leeds
Mercury,' Nottingham Review,' Stockport Advertiser,'
Staffordshire Mercury,' Sheffield Iris,' Sussex Agricul-
tural Express,' Worcester Herald," Worcester Guardian,'
ac. &c.
" Upon hearing the foregoing statement, and also some ob-
servations by Mr. Gaskill and by several of the creditors
present, and Mr. Gaskill having expressed his perfect willing-
ness to execute a deed of assignment, or any other instru-
ment which might be found necessary or desirable for the
benefit of his creditors, and Mr. Chapman, on behalf of him-
self and the other proprietors of the globe' newspaper,
having undertaken to withdraw the attachments issued on
their behalf;
"It was moved by Mr. Hughes, of the Birmingham Ad-
vertiser, and seconded by Mr. Bowler, of the Manchester
Courier,'
" That it is the unanimous opinion of this meeting, that
the continuance of the attachments by The Sun,' the
' Shipping and Mercantile Gazette,' and the Railway Ex-
press,' will be exceedingly injurious to the interests of the
general body of creditors, and that the proprietors of those
journals be requested to withdraw them immediately ; in
which case Mr. Dobie is hereby authorised to pay any ex-
penses necessarily incurred in issuing and withdrawing such
attachments."
" Passed unanimously.
" Moved ioy Mr. Francis, of the 4 Railway Chronicle,' an c
seconded by Mr. Adams, for Bradshaw's gailway Gazette'—
" That Mr. Thomas Beard of the Morning Herald', Mr.
Henry Collinson of the ' Chronicle', and the president or
secretary for the time being of the provincial society of news-
paper proprietors, be appointed inspectors or trustees of
the affairs of Mr. Gaskill, and that he do execute the neces-
sary deed of inspectorship or assignment to enable them to
collect in the debts due to him for the equal benefit of the
creditors.

" Passed unanimously.
" Moved by Mr. Collinson, of the Morning Chronicle,'
and seconded by Mr. Chapman, of the ' Globe'—
" That in order to give effect to the proceedings of this
day, the present meeting recommend to all Mr. Gaskill's cre-
ditors to abstain from taking any legal proceedings whatever
against him.

Passed unanimously.
a Moved by Mr. Sowler, of the Manchester Courier,' se-
conded by Mr. Tomlinson of the' Atlas'—
" That the best thanks of this meeting are due and are
hereby given to Mr. Chapman, for undertaking to withdraw
the attachment issued ou behalf of the proprietors of the
' Globe.'

" J. GARNETT, Chairman.
" Mr. Garnett having left the chair, it was moved by
Thomas Bowler, Esq., and seconded by Mr. Bridgeford, of
the Sheffield Iris'—
" That the best thanks of this meeting are due to Mr. Gar-
nett, for his services in the chair.
" Passed unanimously.
" The meeting then separated, with the understanding
that it was to be again convened at the discretion of the
trustees."

No deed of assignment or inspection was ever executed by
Mr. Gaskill, in pursuance of the resolution passtd at that
meeting. A draught was prepared, but never executed. Toe
reason for this course of conduct was the confidence that the
aeneral body of creditors as well as himself reposed in Mr.
Gaskill (and which was etill entertained), that he would do
what was right and fair. It was therefore thought best to
avoid the expense, as it would be of no benefit to the estate,
inasmuch as it would have compelled him (Mr. Dobie) to
go to or correspond with the third trustee, Mr. Ridge, who
lived at Sheffield, upon every question affecting the arrange-
ment of the accounts. It, point of fact, Mr. Collinson and
Mr. Roden (who took the place of Mr. Beard ), did act as
trustees for Mr. Ga.skill's estate. He meant by that, that be
consulted those two gentlemen on all occasions, but the deed
was considered abandoned. Gaskill, wince his affairs had
passed into his (Mr. Dobie's) hands, hail been residing at
Liverpool. where he could have been found if necessary. He
had never absented himself to avoid his creditors, to his (Mr.
Dobie's) knowledge.
Mr. Jamas--I contend, your Honour, that there is no
evidence, and shall therefore crave to reserve my cross-ex-
amination of Mr. Dobie till we see whether there is anything
at all in the case.
Mr. Craz—We shall not be able to finish to-day, your
Honour. There are other witnesses we wish to examine,
whom at present we have not been able to find.
Mr. Commissioner Evan—Other witnesses as to trading?
Mr. CREE—Yes, air.
The next witness examined was Robert Shelton
_NB.M ~,W enziwie.
go gaud that he had Desk isquiute4 withW
.