The Sun.
London, England, 1858-02-02 00:00:00

LAW INTELLIGENCE.--(This Day.)

COURT OF BANKRUTPCY.
(Before Mr. Commissioner Evans.)
IN BE XYA.NS AND HO ARE—MOUNT.

Him Honour gave judgment on the question of certi
fioate in this case, which was fully reported a few day'
since.

His Honour said this was an application on the part
of the bankrupts fur their certificates. The granting a
certificate t Evans was opposed on the ground that,
although in 1854 he was insolvent, he still continued his
trade, and took Hoare into partnership. In support of
the objectors a balanoe sheet was put in, by which it
appeared there was a balance of a considerable sum to
the debit of Evans. The bankrupt Evans stated that
that paper did not contain the whole of the accounts,
it slid not kolude his private investments, and that if
these had been realised at the time he would
have had a surplus exclusive of 5.0001. received as a
Loans from Hoare. In support of his statement it was
proved that these accounts in the books of the bankrupt
Evans were examined by a person of the name of Gor-
don who WAS deputed on behalf of Hoare, and that he
was so satisfied as to advise Hoare to enter into part-
nership, and to bring in 1,0001., and to pay Evans a
bones of 5,0004. I think this proves that the bankrupt
!!vane was justified in supposing that he was solvent at
that time. It appears to no from the evidence that
when the partnership commenced Evans and Hoare had
a right to suppose that they bad a very large capital.
It was objected that the bankrupt had been guilty of
reckless trading ; they certainly appear to have traded
to a great extent, greater than they ought, but they
could not have done eo but for the very imprudent dis-
counting their bills. It was alleged on the part of the
bankrupts that their stoppage was entirely caused by
the beer to a very large amount furnished by Hoare and
Co. The losses do appear to have been very large, bu'
it does not appear to me that their trading has been so
reckless to justify any refusing or delaying their certifi-
cates.

It was objected that in January, 1857, the bankrupts
aware that they were insolvent, still they persevered
in their trading. To this the bankrupts maswerad that
they acted on the advioe of their principal creditors, and
that they scarcely incurred any new debts. In my
opinion ne trader, after be knows he is insolvent, can
be justified in incurring new debts with persons igno
rant of the fact of his insolvency, and I should, in all
such case., refuse the certificate ; but my opinion on
this point has been held to be erroneous by the Court of
Appeal, and to that decision it is my duty to submit.
The bankrupts are not charged with any of the offences
mentioned in the 255 12 Victoria 105. On the whole I
think I ought to grant the plaintiff a certificate of the
second class.

POLICE INTELLIGERop.— (This Day.)

Tit MES.
DARING STREET ROBBERY.—C.itherine Brown, who
has been convicted of felony, and also in prison for die-
ordeey conduct', and Bridget Dwyer, known to the
police, were brought before Mr. ITArdley charged with
the following daring street robbery
James Dawson, the master of the ship Sea
Side, lying off Bell-wharf-
'dein.' Shad well, stated that a
a few minutes before 12 oclock last night he was on bi-
way to his ship, when he was accosted en Pope's-bill,
Shad well, by the prisoners. The tall one, (Brown) said
e're wanted to speak with him, and asked him to re: ire
with her to a secluded place. Lie t3ld her to go about her
business, and would have notbiug to say to her, on whioh
the prisoners, who had walked b,-fore hire a few yards,
suddenly turned round and knocked him down. Eh
fell on his back, and Brown fluog herself upon him and
rifled his pockets. She took every farthing he possessed,
consisting of 13a. or 1/s. Recalled aloud for assistance,
and the prisoners ran away.
Mr. Yardl,y—What was the other prisoner doing ?

Captain Dawson—She was standing- by.
John Thorpe, a sailor boy, maid he was with his mas-
ter, the last witt,e,s, when the prisoners threw bin down
on his back and plundered him of hie money. He called
out, "Polies" ned "Murder," and they ran away in
opposite directions. He taw Brown stopped by a police.
constable.

Charles Fountain, s police constable, No. 816 IC, saw
the captain running after the prisoner Brown, when he
(the witness) intercepted ar,d secured her. The prose-
cutor said be ba.l been robbed of 101 his money. He
found 10a. 100. on the prisoner Brown.
Among it were throe half crowns. 113,-
prosecutor was aot quite sober but knew what he was
abort.

Captain Dawson was recalled, and said there were
ree half-crowns among the mousy taken from his

pock et.

The prisoners denied having taken any money from the
prosec7tor, and then, on the magistrate directing [r.
Bowdler, the junior clerk-, to take the depositions, said
they were guilty and wished the magistrate to deal with
the cavo.

Roobe, the gaoler of the clurt, raid the real name of
the woman, who called herself Brown, was IVacarthy,
and ske bad been in custody for felony 7 or 8 times.
A policeman said Dwyer bad been in custody once
for felony. _

Mr. Yardley—There can be no doubt about you
Macarthy being an inomigitile thief, and I sentieuce you
to bs imprisoned and kept to hard labour for 6 month,.
You, Dwyer, are sentenced tog months' imprisonment
and hard tabour,