The Sun.
London, England, 1856-11-25 00:00:00

EVENING, NO VEMB ER 25

LAW INTELLIGENCE.—(This E ty.)

COURT OF CHANCERY.

(Before the Lords Justices.)
LEE v. AITCHISON—THE ROYAL BFX g!LISEI

BANK.

Mr. Rolt applied for the postponement of the, .hearing
of the appeal in this case from the decision deliv4 red by
Vice-Chancellor Kindereley yesterday, on the grow id that
if the arguments were opened to-day they could not be
finished, and it was uncertain whether their I( ►rdships
would sit to-morrow.

Sir F. Kelly said he wished their lordships we Rill fix a
certain day for the hearing of the appeal. II e did not
wish it to be left in doubt when the appeal would .come on.
After a short consultation amongst the learned ',lunge],

Lord Justice Knight Bruce said the hearing of: the ap.
peal would stand over until to-morrow week.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyci.)
IN RE THE ROYAL BRITISH BANK.

To-day was appointed for hearing his Honour's (recision
as to the form of the balance-sheet which the (Erectors
would be required to furnish, and copies of the pnaposed
form had been given to Mr. Read and Mr. Mason, vs ho ap-
peared for them.
Mr. Read objected to the account extending from 1819
to 1856, and said that if it began so far back as 1849, no
director but Mr. Esdaile could sign the balance-sheet,. He
proposed that every director should attach his signat,ure to
a statement of affairs at the time of the aiijudicatios a, and
that the balance-sheet should be filed by Mr. Esdaile some-
what after the form proposed, omitting only such (Retails
as appeared in the statement of affairs. The ()thier di-
rectors, he thought, might adopt the half-yearly b:►.lance
sheet as it stood, as it would save immense trouble.
His Honour thought the form should stand, but that
the directors should only sign for the time of their direc-
torship, and that they should have the option or filing
distinct balance sheets from the time they became
directors.

Mr. Mason observed that the accounts of the Bank were
regularly balanced and laid before the director's each
morning, and his clients would adopt those of the morning
on which they became directors, and then proceed to show
where the assets had been over estimated. The error of
the Bank throughout appeared to have been over-entimat-

ing their assets.
The learned Commissioner said—A form of balance
sheet, distinct from the statement to the official assignee,
would be required. These directors had little to do with
the deficiency, but were equally interested in the general
statement of affairs, and they would, therefore, alkali a
detailed account during their directorship.
The form was then agreed to.

(Before Mr. Commissioner Evans.)

IN RE BAINBRIDGE AND DELL.-ADJOURNMENT SIVE DIE.

ALLEGED CONCEALMENT OF PROPERTY.

These bankrupts were described as of Southwark-bridge-
road, boot and shoe manufacturers, and to-day was ap-
pointed for their last examination.

Mr. Turner appeared for the assignees to oppose the
bankrupts passing; Mr. Beard, from the office of Mr.
Buchanan, for Bainbridge ; and Mr. 'Warrand for Dell.

Mr. Turner saiu that in this care the bankrupts had only
been in business for about five months, and now owed to
creditors 2,7511., and the assets were only 61. 4s. 6d., and
during that time they had obtained leather from one credi-
tor, a Mr. Smith, to the amount of 1,3001., and nothing
like an account of their trading could be given, almost the
whole of the items being unvouched, and the books given
up could not be considered the genuine books of the firm.
Bainbridge himself absconded to America, but subse-
quently returned and surrendered. He submitted that it
was a case in which the bankrupts should be adjourned
sine die.

His Honour said they could never pass on the present
accounts.

Bainbridge was examined, and said that he went to
America partly on pleasure, and partly to see whether he
should like to settle there, but he returned to England and
found that he had been made bankrupt. He did not

know they wore in difficulties when ho left, and he sup-
posed the stock had been used up.
His Honour—Have they given any account of stock
bought and sold, and profit and loss ?
Mr. Bell, the official assignee—Nu ; they have not.
His Honour—Then I will not pass them till they have,
and shall adjourn them without day, with protection for
a month.

Mr. Beard asked his Honour to direct the assignees to
state in writing what they required.
Mr. Turner said that if they required more than what
the learned commissioner had directed, he would give
notice within a week.

CRIMINAL COURT.—(This Day.)

OLD COURT.
(Before the Common Sergeant.)

FORGERY.

Robert Charles Wyatt, aged 19, a clerk, pleaded guilty
to a charge of feloniously forging and uttering two orders
for the payment of 2501. and 91., with intent to de-
fraud the London and Westminster Bank.

The Common Sergeant sentenced the prisoner to four
years' penal servitude.

ROBBING AN EMPLOYER.

Frederick, Huggins, labourer, aged 17, was cbarged
with stealing 7 paper boxes and 43 neck ties, value
4/. 175., the property of Richard Hellaby, of Huggin-
lane, City, his master.

Mr. Cooper prosecuted, and detailed the circumstances
of the robbery to the jury, which were very simple and
not worth publishing.

Mr. Lilly defended the prisoner, and made a very
powerful and ingenious defence, laying much stress on
his youth acd this being the first time be had ever been
charged with such an offence. He called several wit-
nesses who gave the prisoner an excellent character.
The Common Sergeant summed up, and

The jury found the prisoner guilty, and strongly
recommended him to mercy on account of the excellent
character he had received.

The Common Sergeant sentenced him to 6 months'
imprisonment with hard labour.

ARSON.

Charles Butler, labourer, 25 years of age was charged
with feloniously setting fire to the dwelling-house of Mr.
%V. Read, he bud other persons being therein. In a
second count the prisoner was charged with intending to
injure the said NV. Read, and in a third count with in-
tent to commit a burglary.

No learned counsel appeared for the prosecution, and
the prisoner was undefended.

It appeared from the evidence of Phillips, a policeman,
that on the night of the 13th of October, he was watch-
ing in a barn near the prosecutor's house, 16, Warwick.
place, Peckham. It was a foggy night, and his attention
was attracted by a light at 2 o'clock, in the direction of
the prosecutor's house. He went there and found the
prisoner. He apprehended him, and on taking him to the
police station hetried to escape. At the station the pri-
soner was searched, and on him was found a clasp knife
very greasy. The policeman, after charging the pri-
soner, returned to the prosecutor's house and ex-
amined the premises. He then found that one of the
shutters had been burnt in order to facilitate its be-
ing cut through with a knife such as that found on
the prisoner. There were a number of chippings
strewed about on the ground under the window. He
also found a piece of candle near the same place.

The prisoner, in his defence, said that he was mar-
ried a few weeks previous to the 13th Oct., and that
having on that day had a few words with " the mis.
sus "he left his home. He thought he had got into
a field to lie down for the night, but he afterwards
found it was the prosecutor's garden. He picked the
knife up in the garden, and ho had not been there
five minutes when the policeman apprehended him.
The Common Sergeant having summed up,
The jury found the prisoner guilty on the first
count.

The Common Sergeant then directed sentence of
death to be recorded against the prisoner, and directed
that a communication should be made to the Home
Secretary as to what punishment should be inflicted
on the prisoner.
Sentence of death was accordingly recorded against
him.

POLICE INTELLIGENCE.—(This Day.)

SOUTHWARK.

ROBBERY BY A TICKET-OF-LEAVE CONVICT. --- George
White, an ill-looking young fellow, who has only within
the last few days received his ticket-of-leave from Govern-
ment, having been transported for seven years, was brought
1e
nearly pushed prisoner and
np in the custody of Kinaham, 507 A, charged with the
following daring robbery :
William Lister, a la€l in the employ of Mr. Pulley,
butcher, Black:more-street, Borough, stated that on the
previous evening he was carrying a tray of moat on his
shoulders to leave at the houses of different customers.
aWnohtihleerhreuwahaesd out
plss
oingf od
an an
dojutcourt,
him down. He then saw the prisoner snatch a large piece
Dodson, the baker
and ,h
Bof beef off the tray and run away with it. Witness pur-
sued him and saw him drop it, and a minute or two after-
wards he saw him in custody.
The prisoner here denied having taken the beef. The
reason he ran was because he saw other persons running.
Police constable 507 A said he took the prisoner into
custody, and on searching him found a ticket-of-leave in
his pocket, which certified that the prisoner was tried in

was liberated on the 16th of the prosant month.

The prisoner replied that his ticket of leave was dated
the 10th instant, but he was not liberated until the 15th.
Mr. Combo—What, only out of prison a few days, after
suffering six years' penal servitude, and then commi.:, a
paltry robbery. What are you ?
Prisoner—Nothing at all, sir. However, I deny having
stolen the beef.

Mr. Combs was not at all surprised at the numerous
burglaries and garrotte robberies being committed daily
all over the metropolis, when such characters were allowed
liberty with tickets of leave. In the present instance the
liberated convict immediately returned to his old practices
without even making an attempt to gain an honest liveli-
hood. lie should commit him to Newgate for trial, and
be hoped the julge who tried him would particularly
notice his ticket of leave.

MARLBOROUGH STREET.
EXTRAORDINARY CHARGE OF STEALING VALUABLE
BOOKS.—William Kortright, 133, Cambridge-street, Ec-
cleston•square, and Beresford Augustus Christmas, of the
same address, were brought before Mr. Boadon, charged
with stealing, at Brampton-park, Huntingdonshire, a
quantity of valuable books, the property of Lady Olivia
Sparrow. A great number of books were produced in
court, some of them of the greatest rarity and very little
known but to bibliopolists. Amongst them were an ele-
gant copy of the "Eustratii in Aristotle," formerly be-
longing to Francis the First, and a copy of " Prynne's Re-
cords," with the royal arms embossed on the cover. There
was also a manuscript Bible of great value.
The first witness called was Mr. Toovey, book-
seller, No. 177, Piccadilly, who produced " Prynnes
Records" and the " Eustratii in Aristotle," of the
latter there being only one other copy extant, and stated
that yesterday afternoon, the prisoner, Kortright,
entered his shop and offered the books produced for sale,
as also several other books which he had got in a cab at
the door. Ho examined the books, and seeing from their
titles that they were of great rarity and very valuable, he
questioned the prisoner about them. Prisoner said he
had purchased them abroad, and that the books were above
price, especially the Eustratii, there being only one other
copy in existence, and that was in the possession of Lord
Gosport. He told the prisoner to call again, and he would
think the matter over. Between his first and second calling
Lord Gosport came in, and witness showed the books to
his lordship, who knew the books as soon as he saw them,
and named them without even opening them, as also
other books which ho had at the same time. His lordship
told witness that no one was at liberty to sell the
books, as they were heir-looms. His lordship then said
he would go out and seek advice on the matter;
and, in the meantime, Kortright came again, and he
then gave him ten guineas for the books for the
purpose of retaining them. This was only in part pay-
ment. At this juncture his lordship returned, and he
then told him what he had done. Witness then told the
prisoner he must explain the matter further before he
could deal with him. Kortright said the owner of the
books was in a cab at the door, and introduced the pri-
soner Christmas to them. As soon as Christmas entered
the shop he told him to explain the matter to his lordship
They left the room, and the prisoner remained in conver•

cation with his lordship. He had preYiously had dealings
with Christmas.

Lord Gosport said he never was more surprised than
when he saw the books produced lying on the counter
in Mr. Toovey's shop; and on hearing from Mr. Toovey that
they had been offered for sale, he went out, and havirg
secured the services of a detective officer, went back
to Mr. Toovey's, where he saw one of the prisoners with
" Prynne's Records" under his arm. The other prisoner had
the other book. His lordship then fetched in the officer, and
told the prisoners no one had the power of selling the
books. Christmas then took his lordship into the back
shop and begged he would be lenient with.him. He told
him he had no power to be so as he had a duty to perform.

The prisoner then told him he became acquainted with
a grandson of Lady Olivia Sparrow's, and by that means

he had access to the house. Ho asked him if the name of
Elliott, given by him to Mr. Toovey, was his correct name.
Prisoner said it was not. His lordship subsequently went

down to Brampton Hall, and he found the books produced
were missing from the library. His lordship had known

them from his childhood.

Mr. Beadon (to the prisoners)—Have you any question
to ask of his lordship.

P►isoners—No, your worship ; the evidence has beau
very truly stated. -
Mr. Boadon—Then I shall remand you for a week.

MAIMPIT NEWS.—(This Day.)

HAY IIIARKETS.

SMITEIFIELD.—Areadow hay, 2/ 103 to V. 103 ; clover do.
31 lOs to 5/ 103; and straw, 1/ 4s to 1/ 9s per load
Trade dull.

CUMBERLAND.—Meadow hay, 2/ 103 to 41 12s; clover
do., 31 10s to 51 lOs ; and. straw, 11 53 to 11 103 per load.
A fair demand.

WHITECHAPEL.—Meadow hay, 2/ 10s to 4/ lOs ; clover
do., 3/ lOs to 5110 s; and straw, 1/ 5s to 1/ lOs per load.
Trado heavy.

COLONIAL.

TEA..—The market has been very quiet, and the busi-
ness transacted of a very limited character, at about pre-
vious prices. A few parcels of the new description called
Moning have realised 2s dd per lb. for the finest qualities.
SUGAR.—The high rates demanded by holders has tended
to confine transactions to only immediate wants, and the
few parcels disposed of realised fully previous quotations,
and were taken chiefly for home consumption. Owing to
the reduced stocks in second hands prices are not expected
to be lower for some time to come. In the refined market
a rise of about is per cwt. has taken place.
COFFEE.—There has been rather more inquiry for both
foreign and colonial descriptions for exportation, and
prices have slightly improved Native Ceylon choice qua-
lities realise 52s 6d to 51s, and fine plantation 59s to 61s ;
superior qualities 66s to 80s per cwt.
RlCE.—There continues to be a good demand, and fully
former prices are realised for all qualities.
RI:JAL—Not much business has been done, butquotations
rule very high. Leewards, 2s 2il to 23 3d; Demerara, 2s
7d to 2s 8d per proof gallon.
TALLow.—There has been a very buoyant market, and
prices have exhibited an upward tendency. P.Y.C. on
the spot, 58s to 58s 3d per cwt.

July, 135), and transported for seven years, and that he
_ _

Mr. Combo said ho was surprised that such a character
should have been allowed a ticket-of-leave. From the do-
cument handed to him by the constable it appeared that
his sentence would have expired in a few months ; besides
that he perceived a piece of parchment attached to it, giv-
ing him a character. The latter set forth that "George
White's conduct was rather good on the public works, but
indifferent in the prison." Now, he should have thought
that sufficient for the authorities to have detained him
until the expiration of his sentence, and not send such a
character loose on the world with a ticket-of-leave. lib
asked the prisoner when he was liberated from Portland
Prison ?