The Sun.
London, England, 1856-11-06 00:00:00

COURT OF QUEEN'S BENCH.

:Sittings in Banco, bafcre Lord CAMPBELL, Mr. Justice
COLERIDGE, Mr. Justice, WRIELITMAN, and Mr. Jus-
tice DILL)

IN RE W. 0. PATCH.

Mr. Bullar moved for the issue of a writ of habeas
corpus, to the gaoler of the gaol of Jersey, to bring up
the body of William 0. Patcb, a prisoner, at present con-
fined in that gaol for debt. It appeared that the de-
fendant, who is an Englishman, went
.to Jersey to
reside in 1843. On the 29th October, 1845, he was
arrested for a debt of 191. 2s. he had contracted
in the Island, and had remained in custody
every since. The case was ono of extreme
hardship, because the prisoner being blind it caused the
imprisonment of his wife to attend on him. The pri-
soner was seized under two processes, one of which was
directed to the constable in general terms, to arrest the
debtors of the creditor, and on information he received
he arrested the defendant. It was contended that the
defendant was arrested without cause, and illegally,
being against the fundamental laws of the island and the
constitutional rights and privileges of the inhabitants
and sojourners in Jersey, being British subjects, which
no ordinance, custom, or usage can abridge or take
away. The defendant stated in his affidavits that his
and his wife's health bad suffered from the confinement.
Lord Campbell—ls there no tribunal in Jersey to
which application can be made

Mr. Buller—There is the Royal Court.
Lord Campbell said that application should have been
made to the Supreme Court of Jersey, who would have
had authority to adjudicate on the question.
Mr. Buller contended that the warrant being general
was against the constitutional law of the country, and,
consequently, that the arrest was illegal.
Lord Campbell said the Court could not take cogni-
sance of the case except by the laws of Jersey, and the
question was whether this proceeding was contrary I*
that law. The learned counsel had not shown it was
contrary to that law, and therefore the application was
refused.

Rule refused accordingly.
No cases of interest had come before the Court of
Common Pleas, or Court of Exchequer, up to the time
of our despatch leaving.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner ilolroyd.)

THE ROYAL BRITISH BANE•

To-day was appointed for the choice of assignees un.
der this bankruptcy, and appeared to excite more intense,
interest than any previous occasion, as it was doubtful_
whether the choice would take place pending the pro-
ceedings before his Honour Vice-Chancellor Kindersley,
Messrs. Linklater and Harkwood appeared for the peti-
tioning creditor, and Mr. Chidley, Mr. Reed, and other
gentlemen for the creditors. _

The business commenced by taking proofs chiefly ocrl
deposit account, admitted without opposition.
Mr. Linklater put in proofs taken out of court of
1,4001., depositors to the amount of about 150,0001.
The names of the following gentlemen were handed
in as proposed assignees—Mr. G. Wylde, Charing-crows,
geographer ; Mr. Robert Taylor, Lambeth-terrace ; NKr.
Henry Sadler Mitchell, Great Prescott-street, and Air.
J. Treherne Burke, Gresham-street, and Mr. John
Maxwell, Bell-square, Finsbury.
Mr. Linklater said the above gentlemen had been
nominated by a committee of depositors, deputed by the
body of depositors ; and as he (Mr. Linklater) held the
proofs of creditors to the amount of 150,000/., there
would be no contest, and it only remained for his Honour
to confirm the choice. He would take that opportunity
of correcting a mistake which appeared to have existed in
the mind of the public, that the injunction had the effect
of restraining the proceedings in this Court. The injunc-
tion was only granted to the extent of preventing any
interference with the interim manager, Mr. Harc'ling.
He then explained that the summons against Mr. Ward-
ing had not been dismissed, but at the suggestion of the
Court had been withdrawn. He also wished to ob:ferve
that it had been stated erroneously that he had on
the 15th sent to Mr. Harding desiring biro to
attend, for it bad been previously arranged bet men
them that the summons should be withdrawn. He merely
sent to ask him whether he was desirous of being prosont.
Mr. iLinklater was proceeding to make some remaAss,
but was interrupted by Mr. Burton, the solicitor.
under the winding up—who objected to any state? mists
being made now, and which had better be reserved. %until
the decision bad been given.

His Honour said it would be desirable not to. do so
whilst the matter was sub-juridice.

Mr. Linklater then stated- that between 20 a cad 30
actions had been brought against the official mai to ger,
and one bad obtained a judgment for 1,200/. ; in fact,
under the proceedings of the Winding-up Act, the re was
a race between the creditors, to their individual 1 ,enefit,
but at a severe ices by casts. He then applied to his
Honour to name a day, so that the directors mig ht have
notice to attend and prepare a balance sheet. Be ap-
Vied for the whole of them to be called upon t0,7.d0 so,

al some had been directors from the commencement, ao.:1
it would be necessary to have an accountfrom the beginning
of the trading in order to see the caused the bankruptcy.

Mr. Reed, who represented two of the directors and
some of the largest shareholders, thought. it would not
be advisable to call upon them to do so at present. He
also regretted that some creditors had taken proceedings
against the official manager, thereby unnecessarily in-
curring heavy costs. The shareholders he represented
were anxious to, pay the creditors, and would contribute
rateably for that purpose ; he, therefore, hoped no fur-
ther proceedings would he taken.
Mr. Linklater said the assignee; were anxious that the
creditors should not take any proceedings against the
official manager, which would only embarrass without
benefit, for he' (Hr. Linklater) had no doubt the bank-
ruptcy would be upheld.
His Honour declined to make any order on the direc-
tors at present, and said it would be more judicious and
respectful to the superior Court to follow its decision.
His Honour confirmed the ohoice of the above-named
gentlemen as assignees.

Mr. Linklater said that an application was made yes-
terday to the Vice-Chancellor to stay the choice this
day, but he declined.

POLICE LNTELLIGENCE.—(This Day.

MARLBOROUGH-STREET.
DISTURBANCE AT HER MAJESTY'S THEATRE.—CharIes
Mott TVastie, gontleruan, 47, Great Marylebone-street,
Portland-place, was brought before Mr. Bingham,
charged with creating a disturbance at her Majesty's
Theatre, Hayraapket.

Inspector Searle, of the A division, stated that last
night about 10 o'clock he was on duty at her Majesty's
Theatre, being Jullieu's opening night, when all at once
a great disturbance broke out in the promenade, by
several young men hooting and hallooing at the top of
their voices. He went into the midst of the men, and
with great difficulty succeeded in quieting them. A
second disturbance then broke out in the centre of the
promenade, and on making his way to the spot
he saw the difendant, who appeared to be one of
the ringleaders, and heard him call out, "A ring,
a ring." Defendant then commenced hooting and
screaming in such a violent manner that the
audience were ♦ery much alarmed. Witness tried all he
could to put an end to the disturbance, when the de.
fendant called out " Down with him, down with him,"
which seemed greatly to encourage the mob to com-
mence again. He then laid hold of the defendant and
told him he must consider himself in custody, when he
pulled a long and sorrowful face, and said a person bad
struck him on the back, and that was the reason he
called out put him down. He (defendant) wished to
put that party down, and not the inspector. Witne
then called two other constables and conveyed the de-
fendant to the station. On the way to the latter place
a rescue was attempted, but without success.

The accused gave a general denial to the charge, and
said the inspector had mistaken him for some other per-
son. He went to the theatre to hear the music, and not
to kick up a row.

Police-constable, 25i A, said he had been watching
the defendant some time before he was taken into cus-
tody, and saw him with several others very riotous. He
also heard him call out " Down with him."
Langley, 100 A, corroborated the evidence of the last
witness.

Mr. Bingham said however hurtful it might he to de•
fendwat's feelings, he bad one question to ask, which
must be answered one way or the other. Was the defen-
dant known to the police as a pickpocket ?
A reply was given in the negative.

Defendant protested that he was exceedingly well
and respectably connected. He was acquainted with
Baron Platt, and Alderman Challis was his great uncle.
Mr. Bingham, after reviewing the whole of the evi-
dence, said there were two classes of persons who went
to those places for the purpose of making a disturbance,
namely, pickpockets and idle people about town. Pick-
pockets made it a matter of business, and the idle young
men went on purpose to annoy the respectable portion
of the audience. The defendant was one of those idle
young men, and he should fine him 405., and recommend
him to tell all the idle young men of his acquaintance
the result of his appearance at this court.