The Sun.
London, England, 1851-11-15 00:00:00

NOVEMBER 15, lB5l.

,% Peter M'Ewan, Tillieciultry, near Allea, clothier, Nov.
20, aid Dec. 11, at !WO, Stutk'm Hotel, Allele.
William Bell, Edinburgh, miller, Nov. 17, and Dec.
8, at two, at Dowell's RtTORIS, Edinburgh:
Antony M'Clymont, New Cuninock;writer, Nov. 17,
and Dec. 12, at two, at the Crown Inn, New Cumnock.
William Bissett, Glasgow, merchant, Nov. 17, and
Dec. 8, at one, at the Globe hotel, Glasgow.
William Trotter Waddell, Pollocksba,ws, Renfrewshire,
grocer, Nov. 19, and Dec. 9, at half-past eleven, at the
Maxwell Arms Inn, Pollockshaws.
PRICE OF SUGAR.
The average price of Brown or Muscovado Sugar, com-
puted from returns made in the week ending Nov. 11,
1851, exclusive of Customs Duties paid or payable thereon
on the importation thereof into Great Britain :
From the British possessions in America 21s. 9,(1. per cwt
From the Mauritius ... No return. ~
From the East Indies .—15 s. lid. ~
Average price of the two foregoing de-
scriptions of sugar, jointly, computed as
above, and exclusive of duty ... . 19s.
By authority of Parliament,
HENRY BrcliN ELL. Clerk of the Grocers' Company.
Grocars'-hall, Nov. 14.

74d• „

BANK OF ENGLAND.
(From last night's Gazette.)
An Account, pursuant to the Act 7th and Bth of Victoria,cap. 32 for
the Week ending on Saturday, the Bth day of November, 1851.
ISSUE DEPARTMENT.

Notes issued .. 28, t 482,605

Government debt .. 11,015,100
Other securities .. 2,984,900
Gold coin and bullion 14,649,230
Silver bullion .. . • 33,375

428,682,605 I £25,682,605
M. MARSHALL, Chief Cashier.
Dated the 13th day of November, 1851.
BANKING DEPARTMENT.

Proprietors'capital.. 14,553,000
Rest • .. .• .. • . 3,07,913
Public deposits (in-
cluding Exchequer,
Commissioners of
National Debt, Sav-
ings-banks, and Di-
vidend accounts)" 6,086,141
Other deposits 9,549,304
Seven day and other
Bills— • • .... 1,221,758

(.I.overnment scene-

ties (including Dead
Weight Annuity) .. 13,241,768
Other securities .. 12,215,287
Notes .. 8,561,265
Gold and silver coin.. 576,796

£34,595, 116

£34,695,116
MAILSIIALL. Chief Cashier.
1'351.

Dated the 13th day of November

LAW INTELLIGENCE.
COURT OF EXCHEQUER, /17,,v. 14.
(Sittings at Nisi Prins, at Westminster, in I'vlichaelmas
Term, before Mr. Baron MARTIN and Common
Juries.)
COMMITTAL'OF A PLAINTIFF Full PERJURY.
ASPLIN V. BLACKMAN.

.....
This was an action to recover the sum of 271. 103. 6d.
for work and labour, and on an account stated.
The defendant paid 111. 23. into court, and pleaded
that beyond that sum he was not indebted.
It appeared that the plaintiff is a coachmaker at Ken-
sington, and the defendant a horsebreaker at Padding-
ton. The former bad been employed by the latter, )n
the month of March last, to do some repairs to a
" break," and in the July following to a phaeton. The
question which arose upon the present occasion was
simply whether there had been an undertaking by the
plaintiff to perform such repairs for a stipulated sum.
The plaintiff and defendant, with other witnesses, were
examined. The statements of the two former were in
direct contradiction.

Mr. Baron MARTIN, in summing up the case, said the
jury would have a very painful task to perform in arri-
ving at their verdict, for it was impossible for them to
reach that result without declaring that one or other of
the parties—either the plaintiff or the defendant—had
committed deliberate and wilful perjury. The one had
distinctly sworn that there had been no contract made
to perform the repairs of the " break," and therefore
that he hsd seat in his bill, amounting to 121. Bs. 6d.;
while the defendant as distinctly and positively had
sworn that the plaintiff bad contracted to do the repairs
far a stipulation sum—namely, 81 Then it appeared
that, the " break" had been a second time sent for re-
pairs, and on account of these repairs the defendant had
paid 4/. In the month of July a conversation took
place between the parties as to the expenses of doing
certain repairs to a phaeton, and here, too, the
plaintiff had denied that there had been any fixed
charge agreed upon between them; but the jury
would remember, when he came to read over
the eviclonc.3 of the defendant, that he had,
on the other hand, sworn most clearly that the plaintiff
bad undertaken to do what had been pointed out by
the defendant; as being required to be done for the
sum of 161. The plaintiff, however, supposing the
statement of 'the defendant to be true, had, in the face
of that agreert,ent, sent in a bill for 271. 16s. 6d., for
which amoune he now sued. He next came to the evi-
dence of the d efendant, who had sworn that at the in-
terview in 1111;arch upon the subject of repairs to the
" break," the :plaintiff had said he would do them for
101,, when the defendant said, no, but that be would
give 81. To 'this the plaintiff did riot at first assent,
but offered " split the difference." The defendant,
however, doelined to " split," and eventually they
agreed that die repairs should be performed for 8/. Now,
it was impose ible to :avoid seeing ut once that this
statement meast either be false or true ; it must be
either false out and out, or it was th© truth. It was a
painful alternative that the present case had thrown
upon the jui7 to arrive at ; for they mast, by their
verdict, declare one of these parties to have been guilty
of perjury. Then there was the question us to
what sum, or whether any stipulated sum had
been agreed upon for the repairs of the phaeton ?
The plainti if denied that there had been any
arrangement upon the subject, but the defendant
had as con fidently sworn that the plaintiff had
agreedao do all that was wanted for 161. In all these
cases, under t ho operation of the new Act, juries would
have a vast amount of difficulty to wade through. It
might happen that one of the parties was's' rogue of cool,
calm, and deli berate temperament, and by the possession
of those chars eteristics was enabled to give his evidence
in such a manner that, if it were utterly untrue, yet that
it might have all the semblance to a jury of being the
most perfect truth. On the other hand, a man of a
nervous temperament, although strictly adhering to the
truth, might, by the nervous and confused manner in
which he gavel his testimony, lead a jery to the belief
that his story was not the correct version of the trans-
action. With. these remarks he would leave the case to
the jury.
The jury retired after some minutes' consultation.

Mr. Baron MARTIN thee ordered that the plaintiff and
defendant shc.zuld not leave the court until the verdict
had been returned. •

His Lordsh :1p then himself left the court.

The jury, a 'ter an absence of about half an hour, re-
turned into olurt and said that their verdict was for the
defendant in respect of the repairs done to the phaeton,
and the first repairs done to the " break," and that
th-y found for the plaintiff for 21. 10s., in addition to the
suai of 11/. 2n. paid into court for the si.cond repairs
dono to the " break."

Mr. Baron MARTIN then called for the plaintiff and
defendant, d, addressing the former, said he was ex-
tremely sorry that it hid devolved upon him to'exercise
a painful duty.. He had consulted the four other judger
of that Court upon the subject. It was now his painful
duty to call upon the plaintiff to enter into his recogni-
vances in the sum of 200/. to appear at the next session
at the Centre. Criminal Court to answer en indictment
for perjury. The plaintiff must also find two sureties
in the rum of 501. each. It was not his wish to place the
plaintiff in custody until be surrendered for trial, and
therefore be bnd called upon him to enter into recog-
nizAnees. He• should also call upon the defendant to
enter into a recognizlnce of 50/., and also the witnesses
Crouch, Holmss, and the plaintiff's son in the same
sum, to appeeir and give evidence upon the trial. For
the informatioca of the attorneys for the parties, he would
state that he had taken this proceeding under the 14th
and 15th of Victoria, c. 100, s. 19.

COURT OF BANKRUPTCY. Nov. 14.
(Beforo Mr. Commissioner GOULBURN.)
IN RE CRAWFORD.

The bankrupt was the proprietor of the Primrose
Tavern, Chalk-farm. His accounts from January, 1846,
show, capital, 2001.; debts, 9031.; assets, 251. The
profits were 2,7401; expenses, 3,0561.; losses, 854/.,
which included 801. by the breaking up of the Metro-
politan Conveyance Company from Paddington and
Camden-town. to and from Ilungerford•market, the
bankrupt havthg purchased shares therein at a cost of
801., there was also a loss of 2001. by the opposition of
the Camden-town Conveyance Association to his (the
bankrupt's) omnibuses to Ilungerford-market; there
was also a loss of 501. by the 'erection of a refreshment
booth at the " Grand National Fair" held at Bayswater,
and which proved a failure.
This was the certificate meeting. There was no op-
position.

The COMMISSIONER said the case appeared to be an
unfavourable one. There were debts to the amount of
1,000/., and no assets. What right had the bankrupt to
permit certain creditors to get possession of everything,
and then come to this court without anything for the
others? Moses had obtained possession of everything
tit Primrose Tavern under a bill of sale executed so re-
cently as Juno last. The bankrupt said he had given
that security for an advance of 901. to enable him to
carry out his projects with a view to realising a consi-
derable sum during the Great Exhibition.

His Hotwun said, that being completely insolvent
the bankrupt bad not been justified in thus acting. The
case was a very bad one, and the certificate (third class)
would be suspended one year. Protection wo):11d be
given from three months to three months.

POLICE INTELLIGENCE.
GUILDHALL.
Mr. Isaac Boyd, a silk manufacturer, of Spital-square,
was brought up before Sir R. W. Carden for further
erzanaination, upon the charge of having, within three
months of his bankruptcy, on the 25th of Juno last,
obtained on credit, on the 17th of the previous April, a
quantity of raw silk to the value of 1491., the property
of Measra. Bevis and Tatlock, silk brokers of L'maing-
hall-street, under the pretence of requiring it, in the
ordinary course of business, when, in fact, he wanted it
mly to pawn.
Mr. Ballantine attended for the prosecution, and Mr.
Kersey appeared for the prisoner.
Mr. Daniel Bevis said—l know the prisoner very
well. I sold to him in his own warehouse in Spital-
square, on the 15th of April, a quantity of silk goods.
I called upon him in the ordinary way of business and
showed him samplvs. He contracted to buy 991 b. 2oz.
of "Italian thrown silk," value 1421. 195., which was
to have been paid in five months from that time, accord-
ing to the statement in our invoices and the custom of
the trade. I called on him again on the 16th or 17th of
April, and received an order for 2391 b. 4cz. of silk
value 34a1. Sc. 9d., upon the same terms. I did not su-
perintend the delivery, because that is the duty of the
porter. I saw them weighed. I do not think that I

could identify the silk, as there are so many different
kinds, and all so very similar. I have sold goods to him
since, and about two days after his bankruptcy I called
upon him, and said, in allusion to his becoming a bank-
rupt, " This is a very bad affair, Mr. Boyd. I have
been told that nearly all your godds are pawned." He
replied, " It is no such thing; I admit that a small por-
tion is."

Cross-examined—l have dealt with prisoner during
the years 1849, 1850, and 1851. I cannot tell how
much money I received from him during 1850. I never
had any dealings with him before 1847, when he was
first a bankrupt. It is the custom of the trade to go
round with samples to solicit orders. I have not in-
dicted the prisoner at the Old Bailey. I attended there
only as a witness. I never pawned any goods on my
own account. About 10 years ag ► I obtained an advanct,
of 5001. upon silk to The value of 7001. or 800/. from a
private firm; and I do not call that pawning.
Sir R. W. CARDEN—Certainly not. That is a thing
that is frequently done by many highly reBpcetable
tradesmen.

Witness re-examined—l have never been a bankrupt.
I have lost by prisoner's bankruptcy about 1,2301.
William Buckton raid—l am a porter in the employ
of Messrs. Bevis and Tatleek. On the 15th of April
last I packed up a quantity of Italian thrown silk, and
delivered it on the SUMO day et the prisoner's warehouse.
The actual weight was 991 b. 3ez., but it was invoiced at
an ounce less. I also weighed and packed the other
quantity mentioned by the last witness; but it was in-
voiced 4ez. less than the real weight. I delivered it at
prisoner's warehouse on the 17th of April.
Mr. Josiah Rehinson said—l am a portner in the firm
of Messrs. Drakeford and Co., silk-men, in Great Win-
chester-street. On the 17th of April we received two
parcels of organzine silk, weighing gross 1471 b. Sez.,
and 881 h. 20z., and one parcel of Italian thrown silk,
weighing gross 721 b. I was not present when they were
received; but on the same day we advanced prisoner
5001. on those goods, and a current account that showed
a balere ein prisoner's favour. They were not deposited
for any specified time. They are not in our possession
now. They were sold by us at various times botsyse n
the middle of September and the latter end of October.
I had a right of sale with them, although I did not buy
them of the prisoner. lam not in a position to trace
any t'f the goods. The price of silk has so depreciated
that I think when we make up the account we shall
have to prove on the estate. We have 'not rende-red
any account yet to the official assignees. Our bobks
will tell the names of the parties to whom we sold
the silk.
Crossexamined—l have been in the silk trade for
many years, and have received silk from other parties
in the same way, but I am not a pawnbroker. Frbm
1849 to the present year there have been fluctuations' in
the markets but chiefly tending downwards.
_

Re-examined—Tbe advanco was made by cheque,
which has since been returned to me, hut I have not got
it here. A book, which witness had occasion to send to
his office, for having arrived, he was examined upon its
contents.

Mr. Robert Dodgson said—l am a silk broker. On
or about the 14th of last May I saw the prisoner and
contracted with him for the sale of goods on Messrs.
Draper and Co.'s account, I being only the middleman
or agent. I sold him 2041 b. of foreign tram, value
249/. 18s., and on the same day one bale of Piedmont
organz'ne, weighing 1801 b., value 2171. 6s, on the usual
trade terms of five mouths' credit.

Mr. Josiah Robinson said—On the 16th of May I
received from the prisoner one bale of tram, weighing
2111 b. 6,z., and one halo of Piedmont organatne, weigh-
ing 1701 b. 6oz. On the same day we advanced prisoner
200/, and on the 17th 1701. more. We had authority,
but not in writing, to sell at our own discretion. Unless
we accept a limit in making these loans, we are justifit,d
in selling when we like; bat when we do accept a limit
we cannot sell and©r it. These entries are in the hand-
writing of Mr. Wielding, our cashier, who is not present.
Mr. Thomas Hughei said—l am in the employ of
Messrs. Alepson and Co. On the 27th of March last I
sold the prisoner some silk (Italian erg ouzine), weigh-
ing 1661 b. Boz., value 2491. 163, and it was delivered by
our porter.
George Little said—l am porter to Messrs. Alepson
and Co. On the 27th of March I packed up the silk
mentionr'd by the last witness, and delivered it :at pri-
soner's warehouse on the same day.
John Pawley said—l am foreman to Mr. Atten-
borough, the pawnbroker, of 31, Crown street, Finsbury.
I have no books present that will enable me to state on
what day we received goods from the prisoner.
Mr. Ballantine—Mr. Attenborough was summoned to
produce all his books relating to this case, and why is
00 not here? Witness—l have the agreement book, and
I received instructions from Mr. Attenborough not to
produce any others at present.
Mr. Ballantine (to the Alderman)—Then I shall be
under the necessity of applying to you, Sir, for a war-
rant for Mr. AYenborough's apprehension as we cannot
get on without these books. _ _

Sir R. W. CARDEN—I dare say Mr. Attenborough
will attend if a second summons is issued, and he is given
to understand that we require his presence here.
Witness— Mr. Attenborough instructed me to give
every information to the official assignees, but not to
produce the books mentioned in the summons, and
without them I cannot nay whether we received goods
from the prisoner on the 19th of May or not.
Mr. BallAntine—l will then take a second summons.
and if Mr. Attenborough does not attend a warrant will
issue.

Witness— Mr. Attenborough knows nothing of these
transactions, and I beg to remind Cdr. Ballantine that I
do not stand here in the light of a pawnbroker.
Mr. Ballantine—But there is an Act that gives us
power to deal with you just the same.
Mr. R ,bert Dodgson said—On the 7th of June I sold
prisoner, for Fordarty, Cox, and Co., one hale of French
organize, marked "Y. F., 168," value 3651. 16s. 9d., at
five months' credit.

Cross-Examined--I called upon the prisoner, bat be
was not anxious to buy, and declined at first. Much
conversation ensued between us relative to an article he
was then manufacturing, called " Moier-Antique." I
certainly did induce prisoner to purchase by speaking
highly in favour of the goods. The price was 28s. 3d.
per lb. He did not tell me that he was going to become
a bankrupt in about ten days, or I should nut have been
qually elrquent in persuading him to take the silk. I
have known prisoner for about thirty years to be a very
respectable man and to be unfortunate, but I never knew
he was a bankrupt in 1847.
JarlICS Bushell said—l am porter to Messrs. For-
darty, Cox, and Co. I delivered these goods in a bale
at the prisoner's warehouse, and a Mr. Lewis signed the
receipt, book for them.
Mr. Josiah Robinson
,said—On the 11th of June we
received of the prisoner two parcels .of silk, weighing
1541 b. 20z., and 1021 b. Boz. I saw the silk brought in,
and on that day we advanced prisoner 2401. I believe
that is the last advance we made to him. These goods
are sold also. •

Mr. Ballantine—Then the market appears to have
been up with you, Mr. Robinson? Ur. Robinson—l
can't say. I inu be a creditor, but cannot know until
the account is made up.
James Flowers said—l am in the employ of Mr. W.
Fisher, a silk broker. On the 15th of April last I sold
to the prisoner, for my employer, 1501 b. 15oz. of silk,
value 215/. l4s. 6d. I believe my loss by the prisoner'•
bankruptcy will amount to about 6001.
Nathaniel Pound—I delivered 1501 b. 15oz. of Piedmont
silk at prisoner's warehouse on the sth of April.
Mr. Ballantine then put in a bill of exchange accepted
by the prisoner for 1001.. to show that on the very day
that it became due, the 7th of June, the bill was disho-
noured, and prisoner bought the goods that were deli-
vered to him by Messrs. Fordarty, Cox, and Co. The
Learned Gentleman then applied for a remand, and
summonses to be issued against Mr. Attenborough, the
pawnbroker, and his man, to insure their attendance at a
future day.
Mr. Kersey, on behalf of the prisoner, made an ap-
plication for the amount of bail, already fixed on a
former occasion, to be reduced, so that his client might
not be detained in prison during the preliminary pro-
ceedings.

Sir R. W. CARDEN refused the application, upon the
ground that he considered the evidence of such a nature
that he thought he might be under the necessity of
increasing the amount of bail instead of thcreasing it.
The prisoner was then remanded upon the same