The Sun.
London, England, 1858-03-06 00:00:00

LAW INTELLIGENCE.

iinsiness
this day

—(This Day.)

-WILMBR V. HIINLOKII.

count OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)

IN RE G. SICHEL.

His Honour said the better way would be for him to
read the affidavit of Mr. John Dillon and Mr. Slater, as
to the manner in which the goods were obtained. His
Honour then read the affidavit, and, according to the
evidence of Mr. Slater, it appeared that Messrs.
Morrison and Dillon at fir.-.t refused to give
credit for such a large amount, but it was
ultimately agreed that he should pay 6301.
in cash, and he stated that he had been a partner in
the firm of Sichel and Co., of Manchester, and connected
with his brother at Melbourne, on whose account he made
the purchases. He also stated that he had ample means,
and was liquidating the matters of the Manchester
firm, and that be had the use of the money until the
insolvent.
liquidati.oi was completed, but they (Messrs, Morrison
and Co.) had been informed that at the time of this tran-
saeMtHro.onnAhibr g
waghopelessly
tgpersotcedede to remark on the case, when
e
his that the case should be adjourned
for some period, say 6 months, with protection, to enable
the bankrupt to proceed to ConetAntinople, and to
endeavour to realise the estate, He (his Honour)
considered that such a course would be benefic'al to the
interests of the creditors, and would also be, in all pro-
bability, advantageous to the bankrupt.
Mr. Lawrence, for the bankrupt, declined accepting
the suggestion, as there was an imputation of fraud on
the bankrupt, but which he should be able satisfactorily
to rebut. The protection of this court would be looked
upon as waste paper in a foreign country, and Mr. Sichel
was prepared at once to take the judgment of the court,
but whatever might be the decision of the court, even if
adverse to him, it would not in any way interfere
with his anxiety and determination to do the
utmost he could for his creditors, but he
could not allow himself to remain under an imputa-
tion of fraud. The learned gentleman then at great
length referred to the extensive business which the
bankrupt had been cmuee.,ed with, and said that as
junior partner of the firm he bad undertaken to liquidate
the debts of the Manchester firm, and at the time he
purchased the goods of Messrs. Morrison arid Co., be
fully believed there woull be a surplus of 40,0002, of
which be would ba entitled t 3 one-fifo, The learned
gentleman proceeded to answer in detail the voluminous
evidence already given, and the case was proceeding,
but his Honour intimated that he should take time to
consider his judgment.

POLICE INTELLIGENCE.— (This Day.)

130 W-STREET.
was placed at the bar charged with stealing
ROBBERY BY A SERVANT.—Jacues Groves, a footman,
forty
sovereigns and two five-pound Bank of England notes,
the property of Lady Henderson, of Torrington-square.
From the evidence of the prosecutrix, it appeared that
on the 25th of January last she placed 150 sovereigns
and four five-pound Bank of England notes in her cash
box, which she kept in a drawer in one of her apartments
known to the prisoner. A few days ago,
finding a larger
sum of money missing than was expected, she made out
a list of expenses that had been discharged, and on
comparing the whole with the money remaining, she dis-
covered a deficiency of 501. The money stolen consisted
of 40 sovereigns and t.vo of the five-pound notes. The
police were sent f-r, and on Inspector Pethers of the E
division arriving, she related the robbery to him, and
from certain circumstances he suspected the servants,
and the prisoner was given into custody. Immediatel
afterwards he asked the inspec•or whether he would
allow him to see his mistress ; and on being taken into
her presence, he admitted taking she 40 sovereigns, but
denied all knowledge of the notes. The prisoner, in
answer to the questions of Lady Henderson, stated that,
knowing where the money was kept, he tried the keys
of the other apartments, and finding one to fit the lock
o: the door of the private room, he thus got at the

money.

Another person was also placed at the bar, charged
with being concerned wit'. the prisoner in the robbery.
Mr. Henry remanded Groves for a week, but he
discharged the other prisoner on the understanding that
she should enter into her own recognisances to attend
this day week.

THAMES.
AN INCORRIGIBLE CHINESE THIEF. —A Chinese cook,
who gave the name of George Marshall, who came to
England in a British ship two years ago, and has since
been alternately a thief and a vagrant, was brought
before Mr. Selfe, charged with stealing a suit of clothes,
a cap, silk handkerchief, woollen comforter, and other
property from the ship John Catlett, in the East
India Dock. It appeared that the prisoner waited en
Mr. Jas. Cunard, the eteaard of the vessel, while he was
getting dinner ready, on the previous day, and asked if
a ship's cook was wanting. The steward said he would
give him an answer in a minute or two, and left the
prisoner in the galley while he went to the cabin with
the dinner for the captain and officers of the vessel. On
his return to the galley, the prisoner was gone, and an
old cap which the prisoner had been wearing
was upon deck. The prosecutor opened his
the was captured as he
chest, and found all his clothes, line; cap, mit.
tens, and the whole of his sea kitm were
and kli
remiiascsingy
for missing.
A w Ane t alarmhaebo endsut
to emerge
waosfjrauilisteice,
fromatlle prisoner
pursuit
was ad
dock at the principal
gate, after taking a oircnitons route. The whole of the
stolen property was upon him over his own clothes, or
rather some rags and a white flannel shirt. The prisoner
was wearing the prosecutor's cap, and had left his own in
the ship's galley. James Swingaand, a London Dock
constable, said the prisoner was guilty of a precisely
similar offence in the London Dock, and when he
was brought into the police statiou he bad three coats,
three waistcoats, three shirts, and three pairs of trousers
all on his person, all of which he had stolen from a
ship. He was sentenced to two months' imprisonment
and bard labour.

Police Sergeant Walker, in charge of the police van,
said the prisoner had passed through his hands four or
five times, and came out of prison on Thursday morning.
The prisoner, through an interpreter, said be never
stole anything.

Mr. Selfe—The case is clear, and I sentence him to
,bree months' imprisonment and bard labour.

RELEAISI OF MR. BATES.—•A paragraph has lately
appersed in the pabho journals erroneously et-Mims that
Mr. tho es-hanker, btu been ralea,ed frgna prison.
We aro authorised to mention tbat air. Bates will not
b• set at liberty until October ntx:.— Civil Service
Ocuette

ROLLS COURT.
(Before Sir John Romilly.)
:lIDGUENT.—SIDNEY V. WILMER —FINCLARENCE V. DO•

His Honour the Master of the Rolls, in delivering
judgment in this case, said that he had very little diE.
cuity about the construction of the will, but that con-
struction was unfavourable to the plaintiff. The will
was the will of the late Mr. Henry Wilmer, executed by
him on 4th July, 1845 ; and, besides the limitations of
the estate, he charged his estate with a term of 500
year& The plaintiff, by her bill and supplementary
lA, asked fur a declaration that she was entitled to the
fee of the surplus rents of the estate after the divisien
of the provisions of the trust are performed. His
Honour was of opinion that this must be determined
entirely upon the construction of the will, and looking
to the terms of the provisions in the will, the plaintiff
was not entitled to the fee of the surplus rents of the
estate.

Then with regard to the trust for the term of 500
years—was the plaintiff entitled to take, in face of the
provisions and limitations contained in the will. There
was a provision f,,r tenants in tail and contingent
remainders, and a limitation in favour of the children
of his sisters to be born within five and fifteen years.
His Honour was of opinion that although there were no
children at present, ye►, until the expiration of that
time, of which five years had to run, the plaintiff had
no claim against the trust funds.
His Honour made a declaration to that effqet, and
granted the usual administration decree.
Costs of the trustees of the trust fund as between
party and party.

Costs of the trustees under the will to come out of the
trust estate.

To-day was appointed for the further consideration
of the certiScate of this bankrupt, who was described as
of Gresham House, New Broad street.

Mr. Ashurst appeared to oppose on the part of
Messrs. Morrison, Dillon, and Co., on the ground that
the bankrupt had obtained a large quantity of goods of
the value of upwards of 1,600/, at a time when he
well knew that he was in a hopeless state of insolvency.
He (Mr. Ashurst) said that the Messrs. Morrison
and Dillon had felt it their duty to oppose the
bankrupt on the present occasion, but they were not
actuated by the slightest feeling of vindictiveness, and he
(Mr. Ash urst) regretted that the grounds on which the
suspension arose had not been explained. He then pro-
ceeded to state the allegations made against the bank-
rap•.