The Sun.
London, England, 1851-10-09 00:00:00

THURSDAY

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Oct. 8.
(Before Mr. Commissioner HOLROYD.)
IN RE ABRAHAM SOLOMONS.—JUDGMENT.

The bankrupt was a merchant of Basinghall-street.
The particulars of the case appeared in our journal of
Thursday last.
His HONOUR to-day gave judgment, as follows :
It is unnecessary for me to recapitulate at any length
the facts of the case. The statement made by Mr.
Read on the part of the assignees was clear and ex-
plicit, and in its general tenor was very properly ad-
mitted by Mr. Lawrence to be a faithful and consi-
derate delineation of the bankrupt's conduct as a
trader. The charges against the bankrupt are reckless
trading and improper book-keeping—grave charges
against one in the position of Mr. Solomons. Mr.
Solomons was not young or inexperienced—he had
been in business thirty years ; nor is it pretended
that he was betrayed into slips of unwariness, elated
with the charms of former continuous prosperity.
Unhappily Mr. Solomons had experienced vicissitudes
of fortune. He had on two several occasions resorted
to the Insolvent Debtors' Court for relief, and on the
second occasion an adverse judgment against him
affecting the liberty of his person must have emphati-
cally reminded him of the duty owing to his cre-
ditors. I do not say that this sentence had not a
salutary effect. Indeed, I think the course of Mr.
Solomons' career for many years afterwards,
and till within a short period of his bankruptcy,
tends to show that he profited by it. Re-
volving the experiments which he had previously
made upon life, he seemed to have gained wisdom
from his mistakes, and caution from his miscarriages;
for looking at the state of his affairs in 1849, there
appears at that time a balance in his favour of about
2,000/. I wish I could stop here, or could say that
the bankrupt had continued a course creditable to
himself. Towards the end of the year 1849, whether
actuated by an eager avidity for gain, or by extrava-
gant hopes, or by what other motives does not appear,
he began to extend his purchases, and in the course
of six months, from 2,584/. in March, 1850, they
amounted in July of the same year to above 11,0001.,
and during part of August alone (the month in which
he became bankrupt) to 2,730/. The goods pur-
chased were immediately consigned to agents abroad
for sale, the bankrupt receiving advances upon the
goods consigned to the amount of about half their
cost. The principal consignments were made to a
person of the name of Hezekiel at Hamburgh, with
whom the bankrupt had similar dealings during se-
veral years before, with some short intermission.
With the assistance of the official acsignees I have ex•
amined the bankrupt's books and accounts as to the
transactions with Hezekiel, and although during the
six months to which I have referred goods are con-
signed to Hezekiel to the amount of 20,0001, no single
letter of advice or information of sales made, or of the
state of the market, is to be found from Hezekiel to
the bankrupt until very shortly before his stop
page, and that was as one parcel of goods. It is true
that he there made some remonstrances, but it was
too late, and the only excuse for this appears to be,
that he had similar prior transactions with Heze-
kiel for several years. These, however, were of much
less magnitude. The fact was, he was sending goods
to a falling market, the state of which he must or
ought to have known, or have taken the ordinary
steps to make himself acquainted with. In the re-
sult a loss is incurred of about 8,0001. Now the
bankrupt having little or no available capital, his
means of paying for the goods, for which he pledged
his credit, depended on the proceeds under the sales
on his account. Surely these transactions with He-
zekiel, amounting to between forty or fifty different
shipments, and those of a like kind to Nathan, and
some few other persons with whom the bankrupt bad
had no previous dealings, exhibit a course of trading:
speculating as it were in the dark, with property
scarcely to be deemed his own, which calls for severe
censure. They appear to me to be characterised by an
improvidence differing from dishonesty rather in
name than in nature. I have already freed the bank-
rupt from the imputation test upon him by Mr. Sar-
good, on the part of Messrs. Cox. The dealing
with that firm was so short a time pre-
viously to the bankruptcy as naturally to excite
suspicion, but no proof was adduced of obtaining
goods from Messrs. Cox by any artifice or device,
which, in my opinion, is essential to the criminality
of a fraud. It was urged against the bankrupt
that he had duly met his payments on a prior dealing
with Messrs. Cox, but I think without reason, for the
bankrupt disbursed the money which he had received
upon his consignments in the ordinary course of his
trade ; and had not Hazekiel ceased to make further
remittances there is no ground for believing that he
would not have paid Messrs. Cox in due course. I
think, therefore, these gentlemen have no just cause of
complaint apart from that of the general body of cre-
ditors. Next as to the book-keeping. " Retrospects
to bad reckoners are troublesome things," and so it
has proved to Mr. Solomons ; for although he ulti-
mately succeeded in satisfying the Court that his
bankruptcy had not arisen from fraud or extravagant
expenditure, nevertheless, by reason of his imperfect
book-keeping, and having made entries under ficti-
tious names and titles, suspicions as to his honesty
were naturally roused in the minds of his creditors,
and long hung over him. Hence much time wrs
consumed, and trouble and expense necessarily in-
curred, in the investigation of his dealings, mid the
bankrupt was obliged to bring over trom Berlin a
former clerk and bookkeeper to explain transactions
which by his books were inexplicable. One woad as
to the appeal made to the Court by Mr. Lawrence on
aecount of the bankrupt's family. The sufferings of
relatives and friends of offenders ere, to a certain
extent, inseparable from commercial as well es from
hr delinquencies;
a strong preventive
against the deviations from com-
mercial rectitude. We must remember, moreover,
that legislative provisions have not the individual for
their object but the species, and are not made for the
convenience of the day but for the regulation of ages.
In conclusion I should observe, that the bankrupt has
devoted his time and attention since his bankruptcy to
the satisfaction of his assignees, and the hearing of
the certificate was delayed by the vacation. Giving
the bankrupt the benefit of this, and having carefully
considered all the. circumstances of the case with due
regard to the interests of creditors, I feel bound to
suspend the allowance of the bankrupt's certificate for
a period of twelve months from the 9th day of August
last, that being the earliest day on which the applica-
tion for his certificate could have been made ; the cer-
tificate when granted to be of the third class.

Mr. IjsAANCE applied for protection. -The bank-
rupt a giving necessary information to his assignees,
and wag
liberty w
desirable that he should not be deprived of
which would enable him to continue to
do so.
Mr. READ was simply desired by the assignees not
the
to ask that protection be withheld.

~,,_
i
His HONOUR said, n the absence of that application,
protection would be granted for a month, with liberty
to apply
that it be renewed upon giving notice of the
application
lewna
catjoJntrothNecn sasslgnees.
aid he would undertake that the
asc,ignees should have due notice of any such appli-
cation.
Protection for one
month granted accordingly.
IN RE J. WESTLEY.

This bankrupt was a bookbinder in Playhouse-
yard. To-day,
,was fixed for the meeting for choice
of assignees. The bankrupt's accounts are in course
of preparation by Messrs. Harding, Pullein, and Co.,
from which it would appear that
ibr:;, extensive
one,
and that the assets
atGhrueeilfldaikihleuawirlei-se considerable.

M ...
Assignees having been chosen,
Mr. LAWRANCE applied that the bankrupt be
Mr. LINKLATEE said that the bankrupt's debts and
liabilitiesmaigllhotwbaen3coe of 51. a week.
30,0001,
although the bankrupt had
computed his debts to be no more than 16,0001. The
assets at 5,000/, to 9,0001., but the realisa-
tionThe bankrupt's conduct would
form the subject of future remark. He (Mr. Link-
later) ought to observe that the assignees considered
was were
un statedcertain.
it to be such that they were desirous that a small
rate of allowance-21. 10s. a week only—should be
allowed. _

Bankrupt, having six children, was allowed V. a
week.

POLICE INTELLIGENCE.
MANSION--HO USE.
Mr. Josiah Malley, of Blackfriars, was brought,
in the custody of John Forrester, the officer, before
Mr. Alderman Wire upon
the bankiug-house of Sir R.
upon the charge of having forged
bills of exchange upo
Co., Lombard-street.
Mr. Diuliens, of the firm of Bush and Mullens,
G. Glyn and
solicitors to the Committee of Bankers for Protection
from Felonies and Frauds, appeared for the prosecu-
tion ; Mr. Humphries attended for the prisoner.
Mr. Mullens said he merely wished to give so
much evidence at that moment as would justify the
remand of the prisoner, who bad been but a couple of
hours before apprehended at the Court of Bankruptcy,
and that the evidence would affect two bills of ex-
change which he held in his band.
Mr. Owen T. Williams, managing clerk at Glyn's
bank, said—l know the prisoner. He kept an ac-
count with us about two or three years. These two
bills of exchange, which are produced by Mr. Mul-
lens, have been discounted at the prisoner's request.
(Here one of the bills, which was for 1131. 155., was
handed to the witness.) The drawing and the en-
dorsement of this bill are, I believe, in the handwri-
ting of Mr. Josiah IVestley, the prisoner. I have
seen letters addressed to the firm and to myself by
him, and I have also seen his cheques, and I think
have seen him write. The signature Josiah Westley,
as the drawer and endorser, are in his writing.
(The bill, which was dated the 26th of February,
15 1, purported to be drawn by the prisoner upon
Mr. G. Marlar, printer, Leeds, at six months after

date, and to be accepted " Geo. Marlar," payable at
No. 200, High Holborn, 'London.)
Mr. Mullens—Was tb at bill discounted by your
house ? Witness—lt was, with others, and the
amount was credited to his account. It became due
on the 29th of AuguF.l-, and was returned to the house
as "not paid." Notice was sent of the nonpayment
of the bill. I was out of town at the time, but I
have no doubt it w as presented in the usual manner.
Cross-examined by Mr. Humphries—The usual
course is, that all tbese bills come to my hands. They
mostly come to rn,e direct. Ido not know positively
whether this bill came to me from the prisoner's hands
or not.

Mr. William. Thomas, also a clerk in the banking-
house, said—l keep the discount ledger. This is the
book in which the first entries of all bills brought for
discount would be made. This bill was brought to
me, according to my own memorandum, on the 28th
of February, and entered by me on that day to the
credit of the account of Josiah Westley.
Mr. Richard Mullens, of the firm of Bush and Mul-
lens, solicitors, of St. Mildred's-court, said—ln con-
sequence of instructions which I received from the
banking-house, I caused inquiries to be made at
Leeds for Mr. George Marlar, a printer there, and
have learned that no such person is to be found, I
ca nnot produce further evidence this day on account
of the distance of the place stated to be the address of
Mr. George Marlar.
Mr. Humphries submitted that there was no evi-
dence upon which the alderman would be justified in
detaining in custody his client, whom Mr. Mullens
had chosen to cause to be apprehended in such a
hurry.
Mr. Mullens said it would soon be shown that
there was quite cause enough upon which to ground
the proceedings which it had been considered neces-
sary to adopt.
Mr. Humphries—Mr. Westley does not wish by
any means to shrink from the investigation of any
charge which may be brought against him, and I
must say that the course my friend Mr. Mullens has
taken is rather hasty.
Mr. Mullens--If Mr. Westley could have been
found at home he would have been taken long ago. If
the prisoner be remanded I shall be able to show that
there is no such person as George Marlar, printer, at
Leeds.

Mr.:Humphries—l "submit that what Mr. Mullens
says is not sufficient, combined with the statements
made by the other witnesses who have been examined,
to justify a remand. If such evidence were brought
forward upon an application for a warrant to appre-
hend a party charged with forgery:l entertain no
doubt whatever that the alderman on the bench would
refuse to grant it upon such flimsy materials; and if
he would refuse to grant a warrant he would certainly
feel a strong objection to detain a person on such tes-
timony.
Alderman WIRE—Has Mr. Mullens anything fur-
ther to state ? Mr. Mullens—Nothing further than
this—that I can prove that there is no such person as
George Marlar, a printer, at Leeds ; that the bill is
overdue; and that there are other bills which can be
produced, and which are not more substantial.
Mr. Humphries repeated that there Wrg no ground
for detaining his client in custody, and said that Mr.
Westley would be forthcoming on any day to answer
to any charge.
The prisoner—Certainly. I declare that I was not
absent from home at all.

Alderman WIRE—I think there is a very important
difference between the case of a remand and that of
granting a warrant under circumstances of this kind.
I might not upon such evidence grant a warrant, but
the parties principally interested have brought the
prisoner before me, and Mr. Mullens has sworn that,
if time be given, he has no doubt that he will be able
to produce legal evidence in proof of the correctness
of the accusation. If the charge prove groundless,
the prisoner will be sure to get reparation.
Mr. Humphries—Those who have given my client
into custody are now liable elsewhere for that act ;
but they will not b., liable after this day, for if the
prisoner be remanded upon the insufficient statements
made, the act is the magistrate's. I therefore return
to what I before observed, that if there is not suffi-
cient evidence to justify the issue of a warrant, there
is not sufficient evidence to sanction the detention of
my client.
Alderman WIRE —His right of action will not be
prejudiced by the remand, and he would not in such
a case be likely to substitute the magistrate for the
accusers. The remand would, in fact, operate as an
aggravation of damages. The charge is one of so
grave a nature that I cannot help remanding the pri-
soner.

Mr. Humphries—We hope you will not refuse to
take bail. We are ready to give bail to any amount.
Mr. Mullens—l shall leave the question of bail with
the Alderman altogether.
Alderman WIRE—I cannot take bail in such a
case.

Mr. Humphries—Why the case is the most flimsy
imaginable.

Air. Alullens—l hope it may prove so for the pri-
soner's sake. Ido not consider it necessary to say
any more at present; but I shall state further facts
upon a future occasion. Ido not oppose the taking
of bail, if the prisoner can produce good securities
that he will meet the heavy charges which I shall
bring against him.
The prisoner was then remanded.

Mackay, the revenue officer, who was on Tuesday
brought before Sir Robert W. Carden, upon the
charge of having stolen money in the brig Anna, in
which he was engaged in the performance of his duty,
was put to the bar for final examination.
Sir Robert Carden had sent a messenger to the
Board of Customs to represent the facts, and his im-
pression was that in so serious a ergo the board should
bt the prosecutors, to sustain the character of the
establishment.

Yesterday Mr. Beverley, of the office of the Solici-
tor to the Customs, waited upon the Alderman, and
stated that the hoard hesitated to prosecute upon prin-
ciple, as the robbery was a private robbery. lie,
however, stated that the board would, upon so strong
a representation, reconsider the subject, and commu-
nicate with the Alderman upon it.
in the meantime, however, it was found, upon exa-
mination of the crew (Greeks) of the Anna, that the
detention of witnesses in this country would cause
great loss and inconvenience to the owners, and all
who had to do with the vessel, which was bound to sail
in a few days ; and
Alderman WIRE summarily convicted the prisoner,
and sentenced him to two months' imprisonment and
hard labour.