The Sun.
London, England, 1858-06-07 00:00:00

Martin will have the chief and Admiral Elliot the
second flag.
At the quarterly examination of young gentle-
men. candidates for entry into the navy, held at
the Royal Naval College, Portsmouth, on Wednes-
day, Thursday, and Friday last, the following
passed and received certificates on Saturday. They
passed in the orcl.cr in which the names are printed.
For Naval Cadets—Messrs. A. Mallock, F. R.
Keyser, H. Rose, H. A. Mandeville, R. H. Lloyd,
Hon. A. R. Hewitt, R. H. Eyre, R. W. Hope, C.
H. Taylor, A. F. Gardner, W. Duthy, H. D. Ma-
caulay, H. S. Hutcbing, W. H. Lewin, A. Kins-
man, J. C. Wilkinson W. T. Down, F. C. Bus-
field, R. H. Paul, H N. Alleyne, W. M'C. F.
Castle, D. M. Smith, C. A. W. M. Johnson, E. P.
Harper, R. C. Pole, R. C. Townshend, W. A.
Ewbank, F. G. Denison, C. H. Woodroofe, C. P.
S. Hicks, R. W. Wodehouse, C. H. Fitz aurice,
C. P. Foote, M. M'Neile, R. H. Byron, H. H.
Frowde, H. F. Grant, Lord Douglas, C. B.
Tucker, A. G. Fullerton, H. H. Percy, C. D.
Stuart, C. D. Eden, G. C. C. Carter, M. G. Tho-
rold, St. V. Nepean, T. B. Lacy, W. R. Clutter-
buck.
For Masters' Assistants—F. A. Medwin, C. H.
C. Langdon, B. X. C. L. Pratt, R. Towers, E. H.
S. Bray, T. F. Martin, H. F. Woods, D. M.
Browne. _ _ _

For Royal Marine Cadets—H. H. Kelly, W. H.
Triscott, St. H. St. John, F. W. Gray, R. L.
Agassiz.

The Dasher steamvessel, Commander Hore, came
up to Portsmouth on Saturday evening from the
Channel Islands.

The Duke of Wellington, 131, Captai❑ Eyres,
C. 8., now being fitted out in Portsmouth harbour,
will be ready to receive her officers and crew about
Friday next.

The following appointments were made on Satur-
day at the Admiralty :
Commander Thomas Brandreth to the Orion ;
Robert Coen, master, to the Argus ; Frank Inglis,
master (additional), to the Hannibal ; J. J. P.
Hitchfield, master, to the Hydra ; A. R. Burnis-
ton, master, to the Racer ; C. H. Fuller and J.
Barclay, surgeons, to the Oron ; J. Barnard (b),
surgeon, to the Argus; and G. Duncan, surgeon,
to the Racer.

ATLANTIC TELEGRAPH EXPEDITION.

PLY MOU f tl. SOUND, JUNE 4.

The experimental squadron, if we may so term
it, of this great undertaking anchored again in the
Sound on Thursday night, after a short but most
successful cruise of five days. Our readers are
already aware of the preparations which had been
made for this trial trip. They were completed on
the afternoon of Friday the 28th, when the Aga-
memnon drew out of Ilamoaze and dropped anchor
inside the breakwater. At dawn on Saturday she
swung and adjusted compasses, when the deviation
caused by the presence of the enormous coil was
ascertained to be no less than 17 deg. The Niagara,
Valorous, and Gorgon joined company on Saturday,
during the morning ; the weather continued light
and fair, and the squadron prepared for sea. There
was the usual amount of leavetakiug, crowding,
paying in in advance, and the fresh meat and vegetable
confusion which always marks the commencement
of a man-of-war cruise, be it ever so brief. This
once over, and shore-boats adrift the rest was soon
accomplished, and at 3 o'clock the anchor came up
and the Agamemnon went out. Both the English
and American ships were excessively deep, the for-
mer with a slight list to starboard, the latter with
a heavy one to port. Mr. Bright and Mr. Canning
were iu charge of the whole operation, Professor
Thompson was electrician, Mr. Clifford superiu-
tended the general details, and Mr. Amos, the
maker of the paying-out macMnery, went in charge
of the mechanical portions. On board the Niagara
Mr. Field was chief manager, Mr. Woodhouse was
electrician, and Mr. Everett and Mr. Appold, the
chief inventors of the whole apparatus, were in
charge of the machinery for lowering and winding
in. This was the regular staff of the company, but
we need scarcely say that in both ships the officers
were zealous in all that could contribute to the
success of the undertaking, and on board the Aga-
memnon Captain Preedy and Lieutenant Gibson
gave the me s-, able assis'ance and co-operation in
whatever had to be done.
The Valorous steamed in front of the Agamem-
non, the Gorgon led the Niagara, and by sundown
on Saturday the land was out of sight, and the
squadron fairly running down the Channel, S.W.,
at the rate of 10 knots au hour. During Sunday
the breeze was fresh, and there was a swell on, the
effect of which, to say the least, was visible in the
heavy roll of both the Agamemnon and Niagara;
and even the Valorous, too, seemed particularly
clever that way, and to heave as if she was com-
missioned for the purpose.

water of a mile of cable with a large and heavy
splice attached to it, and, above all, the sudden jerk
and heave caused by the pitch of a vessel like the
Agamemnon, will perceive at once that the chances
against any important length of the coil being re-
covered from the tenacious depths of the Atlantic
amount almost to a physical impossibility. The en-
gineors connectedwith the expedition therefore were
not a little surprised when at nine in the evening
the paying-out machine having been reversed, and
connected wi:h a small steam-engine for hauling in,
the operation was commenced, and the coil came
slowly but easily back. A few fathoms wound up
were quite enough to show the practicability of the
plan, and at half past 9 o'clock both vessels again
continued paying out at a slow rate till the splice
had sunk between them to a depth of two nautical
miles. The strain indicated by the dynamometer
during this time was merely nominal, but when the
cable ceased running, though its downward tendency
still continued for some hall-hour or so, the index
pointed to from 2,4001 b. to 2,7001 b , which gradu-
' ally lessened as the impetus of the wire decreased
till the strain remained at between 1,7001 b. and
2,001 b., varying with the roll of the ship. There
it was suffered to remain for an hour, during which
messages were sent backwards and forwards between
the vessels constantly, and the insulation of the
wire and its electrical condition shown to be per-
fect. The night was hot, and a dead calm had
settled down upon the water, without a breath or
ripple to disturb the glassy surface of what is usually
the wildest and most stormy sea in the world. The
Valorous and Gorgon lay close to, quiet and
wrapped in darkness ; but on board the Agamem-
non and Niagara it was different, for lights were
glancing from the poop and quarter deck of each,
and busy faces were eagerly watching the passage
of the strand gliding out quickly, and only marking
by one small phosphorescent spot, glittering like a
star upon the water, where the coil was passing
noiselessly into the tremendous depths below. At
half-past 11 o'clock the hauling-in machine was
again set to work, to see if it was possible to re-
cover the splice from the great depths to which
it had now descended. The machine was of 12-
horse power, yet so great was the strain that for
some minutes it was strong enough to do the
work, for the few fathoms it gained one minute it
lost by the slightest movement of the Agamemnon
in the next. Some hands were called aft and set
to work on the fly wheel, and their exertions at last
turned the scale in favour of steam, and fathom
after fathom, the cable came up very slowly, the
index on the dynamometer showing a strain of no
less than 2 tons 5 cwt. How this part of the re-
jected and already overworked cable stood the
strain it is impossible to say: especially as the coil
had got under the hawser, and was bending it at a
severe angle. This latter obstacle, however,
was soon disposed of, the cable cutting it
in half in a few minutes. As it did so, of
course both ships fell off, and thus bringing an
undue strain on the Niagara's portion of the wire,
it parted at 12.50, and the Agamemnon had the
labour of hauling up not only her own share, but
nearly three-quarters of a mile of the American's,
which was still attached to the splice. The work
was nevertheless continued cheerily, and by a little
after 2 a.w. the unremitting care and diligence
of Captain Preedy and Mrssrs. Bright and Can-
ning were rewarded by bringing the splice itself
to the surface, and getting it safely on board again.
The wood, of course, even at the very thickest parts,
was penetrated to its innermost fibres with the salt
water, but what was surprising was, that at one of
its arms it was split, and the solid wire bent, as if
subjected to a powerful strain sideways. The part
of the cable which had broken from the Niagara
was twisted and co-led into such massive folds that
nothing whatever could be done with it, so it was
cut away, and let go by the run in a mass. The
recovered portion of the Agamemnon's wire also
showed a considerable amount of twisting, but
there was no tend ency to untwist, and from the
facility with which the messages were receivedand
sent it was evident that this did not affect the elec-
trical condition of the wire in any degree.
At 4 in the morning of the Ist of Jun', or in
little more than an hour or so after this labour of
getting in the splice, the engineers and electricians
wi re again acting with Captain Pi eedy and Lieut.
Mn. The Agamemnon and Niagara were again
connected by hawser, the end of the cable passed
from the latter ship, and splice made, tested, and
lowered overboard from the Agamemnon by 9
o'clock. Soon after the splice had sunk the hawser
was let go, and both vessels steered in different
directions, attended by their consorts, and paying
out r,gularly as they went. Each steamed and
lowered her coil at the same rate, so that the results
on board the Agamemnon will suffice for both
ship. At 9.40 one mile had been payed out, the
dynamometer showing a strain of 16 cwt., the cable
going straight at an angle of 16 degrees with the
horizon, the ships moving 2i knot., and the cable
running three per hour. The next mite was sunk in
16 minutes, but the index showed an increased
strain, ranging from 2,0001 b. to 2,4001 b., and the
angle was reduced to 15 degrees.
At 10 the workmen changed from the coil stowed
forward to the main coil in the hold, where the rest
of the waste c tble was stowed away, and this diffi-
colt operation was accomplished without risk or
check to the wire sinking. The next mile was run
out in 14 minutes, the index rising, but un iertain
sometimes, as ie ship rolled, registering as
high as 2,8001 b., and seldom going lower than
2,4001 b. The electrical continuity was good, and
messages were freely sent till 10 20, when Professor
Thompson reported that continuity ceased, and it
was of erwards found that at this time the Niagara
had b.oken her wire. Nevertheless, the Agamem-
non held on and continued paying out till four .
miles heti been sunk at the same strain and much
the same rate, when the dangerous experiment of
buoying it was rehearsed. For this the ship was
gradually brought to, and an immense buoy, some
30 feet long and 6 in diameter, to the end of which
was 50 or 60 fathoms of stout hawser, got ready for
casting off. The end of the hawser was made fast to
the coil aft of the stern wheel, and the buoy in-
stantly let go. For a nanute or so it lay over on its
side, but as the great weight of the coil submerged
came full upon it, it rose out of the water like the
steeple of some submarine church, a conspicuous
beacon far and wide. If ever it should be necessary
to use this buoy it is made to carry a flagstaff, and
mirrors at its peak, so as to render its being picked
up again almost a matter of certainty. The buoy
floated easily, and the coil, which had not been
broken, oily hung on to it, so to speak, was still
payed out, hut he strain was of course much dimi-
nished, and the dynamometer rarely showed ab ,ve
I,Boolb. At 11 o'clock five miles had been got over,
and the strain again rose to 2,4001 b., and 2,8001 b.
The angle of the wire was 20 with the horizon,
the ship running 5 knots and the c able 5A per hour.
Tom matters continued for another 10 minutes,
when some six miles having been payed out, there
was aloud bang, like the snap of an iron bar—the
cable parted, down came the dynamometer, the
wire ran aft, and with a great leap, as if rejoicing at
its liberation, went over the stern wheel, and was
seen rio more. Everyone looked blank enough for
a moment, though the accident was no more than
was expected from the poor and injured nature
of the cable used. There was no fault to find
with the machinery, as Mr. Amos was himself
superintending its working, and Ceii,aid was
carefully watching the dynamometer. The latter
registered exactly 2,60911). when it parted, or just
one- third of the weight the cable was guarane eed to
bear when uninjured.
The Agimemnon's head was put about at once,
and all speed used to return to the buoy, which
was still rearing its head above the waters, a notab'e
object for miles. However, before the vessel could
be got entirely round, it was seen to fall over on I
its side, and on coming up with it, some half-an-
hour or so afterwards, it was found that the jerk of
the cable which had broken from the Agamemnon,
together with the weight of the four mile length
previously attached to it, had proved too much for
the fastenings, and the whole mass, breaking loose,
was effectually laid. at rest at the bottom of the
ocean. This experiment, however, was as satis-
factory as that of hauling in the splice, since it was
only wished to show that when the necessity did
wise the cable could be buoyed so as to preserve
it without damage to its electrical continuity. In
ease of buoying, of course the cable would then all
be cut away from the ship, and no more added to
the weight of the fastenings on the buoy. In the
present instance, however, a mile and a half ad-
ditional was run out,• and this loop dragging on the
buoy already moored with four miles of wire proved
too much, first for the cable it4elf, and next for the
fastenings which held all up. During the same
afternoon the hawser was again made feet from the
Niagara to the stern of the Agamemnon, for the
Purpose of lowering a portion of the sound coil for
e.ectrical experiments. The splice was male as
usual and sunk, though iu this case with difficulty,
as a monstrous clumsy iron network, reminding one
of nothing so much as a lady's crinoline frame,
which was hung
was found to be terribly lltlerosund thef Agatnie.mnoin's stern
in order to keep
e ver, the splice was sunlesyraeienwdt air3omml
efoaun
dAmaighltaittepwhayi:e-el,
e way. a ow-
e , sinkingthat the -electricians were
straight no and down.
By
t the from m etime,ach vessel,owev
working throe-fell it both vessels had turned broad-
side to the swe'l of the Atlantic, and were rising
and falling twith an unequal motion that strained
the c tble to the utmost. The dynamometer kept
varying up to almust the cable's breaking strain,
from
ea What 2i
near
worse
Y 6'C)f3°l . in a single second. ,
was that the breaks
r
so that, after the mile and a half,
hm:haotdoel
dawn,
strain
whatever went o'er was wrenched from the ma-
chine, and it was merely a question. which should

Oa Monday, thOre Was not a breath of wind, the
weather was intolerably sultry, and the sea as
smooth as a sheet of glass, always excepting that
long, rolling, heavy swell that sets in from the
Atlantic, to every wave of which, as we have said,
the squadron paid a deep obeisance, and showed
their dingy copper in the sun. The distance run had
been considerable for the time ; the water since the
morning had changed, and instead of the sharp,
crisp, bright green with which a landsman gene-
rally associates the sea, became of rich intense blue,
so dark and profound-looking that a glance told
the vessels were out of soundings and on their ex-
perimental cruising giound. The squadron ac-
cordingly hove to, and Valorous signalled Gorgon
to sound, while observations were taken which
showed their position as being about the centre of
the Bay of Biscay, some 200 miles from Uchant,
and the same distance from Cape Finisterre. The
Gorgon's boats were soon afloat, but the sounding
process, even when superintended with all the skill
and experience of Commander Dayman, was a
long and difficult affair. None but those
who have watched a deep-sea sounding would be-
beve the lab: ur svhich attends the process. In
this instance the Gorgon cut away her line directly
the bottom was touched, but nevertheless more
than two hours had elaps-d ere the task was accom-
plished, and a depth of three miles or 2,530 fathoms
signalled. Immediately this was ascertained the
experiments commenced by forming the splice be-
tween the coils. The splice, which is an operation
of the very utmost difficulty, and requiring the
1
greatest care, is made in a kin of wooden half-
moon, some 15 feet long, and rather broad and
t hick towards the centre. In this deep grooves are
cu', in which the cable is laid, each to i passing in
at the arms round two eyes in the centre of the
crescent, and out at the sides, where the actual
joining is made. By this ingenious method tl:e
strain of the splice is confined entirely to the ends
inside the half-moon, while on the actual junctian
of the cable outside no tension of any kind earl
come. In order to keep the cable ends in their
place around the blocks and within the grooves,
a strip of boiler-plate of the same size as the wooden
frame is bolted on to it, while to prevent the two
portions of the cable untwisting and to sink it
rapidly a heavy weight is attached to the centre.
In making a splice of this kind so many contingen-
cies have to he provided against, and such appa-
rently opposite conditions reconciled and overcome,
that the operation is always a difficult and rarely
a successful one. As it Ives; hewever, the skill and
practical experience of Messrs. Bright and Canning
overcame this, as they did many other contretemps
which subsequently arose, and the splice was made
and safely lowered over the Agamemnon's side by
5 in the evening. As it disappeared in the blue
waters the cables from both vessels began paying
out simultaneously, gliding quickly and noise-
lessly into the deep beneath. The paying-out
machines worked with the most perfect ease and
regularity. There was no surging or over-riding,
as it is termed, and the brakes were ad-
justed with such care that while, whoa once re-
gulated, the strain could not increa,e, they still re-
mained so completely under control that a move-
ment of the engineer in charge set them free, and
allowed the coil to seek the bottom at whatever
speed it chose. With bath machine, on board the
is a dynamometer,
which,
Agamemnon and Niagara,
,edbytoa
a pointer,
yseimrP 1
arrangement of weights
,e shows on a large scale-board
the precise amount of strain uparo:othofe
the brakes
out. The engineer ie oh
stands facing this graduated, scale, and throws off
the weight as he sees the vessel lurch and the strain
upon the cable rising in proportion, while on the
contrary, as the dynamometer indicates the tension
at a low standard, and the cable running away too
quickly, the brakes are suffered to close again with
ease. The machines were also provided with in-
dices showing the number of fathoms statute and
nautical miles payed out, but we must always be
understood as referring to the latter measure in the
length of cable expended on this occasion. In order
that no undue strain should come upon the coil in
running out the Agamemnon and Niagara passed a
hawser which secured always a certsiu distance of
some hundred fathoms or so between the stern of
each, and in this manner, then, the cable was
slowly submerged to the depth of ote nautical
mile, and elec rival communication between the
two vessels in the open sea established for the first
time. A mile havir'ei been payed out a red flag
was hoisted, when both ships discontinued sub-
merging, and prepared for hau leg in again. This
operation was believe d to be practicable under very
favourable circumstances at the depth of a mile, but
Eo difficult as to be almost if not quite impossible
at the immense depth to which the cable would
have to sink in mid ocean. Very little hope con-
segu
any very ently was entertained that the portion of the
experiments intended to solve this question would
yield
will take the trosuablisfleattocraylcurelasutelttsh.e fAricntyioonnienwthhoe

give—the cable or the paying out apparatus. At
last a weak part of the wire came up and broke
instantly, under a strain of 2,4001 b. An examina-
tion of the fracture showed that of the 18 outer
strands of wire which coat the gutta percha no less
than six had been bully joined in the space of six
inches, and there were other marks which left
little room for doubt that at least two more had
broken from the same cause. The Niagara for the
rest of the evening and night was occupied in haul-
ing back her half with the length which had broken
from the Agamemnon. The wire was covered, but
it was impossible to heave up the splice. After a
Img pull it broke off from the wire and remained
at the tremendous depths to which it had sunk. On
Wednesday, the 2d, the experiments were repeated
with a piece of cable which had become partly un-
twisted and was weak and faulty in several places.
At 7 30, therefore, a splice was made of this and
lowered to a mile and a half. At this depth it was
kept suspended for a considerable time, and bore
the strain much better than was anticipated. At
last the Agamemnon gave a heavy lurch, and parted
it soon after 9 o'clock. The last and most interest-
ing experiment of all, to ascertain how far it was
possible, in case of a fault going overboard, to
hold on by the wire, bring it in over the ship's bows
and so underrun it, was next tried. The cable end
was lowered over from the Agamemnon, made fast
to a heavy weight, and in the course of an hour
5l miles were payed out to the bottom of the ocean,
or, at least, as near the bottom as the weight could
sink in that time, which was probably about
miles. By this time the breeze had freshened and
there was rather a sea on ; Jet, nevertheless, the
Agamemnon was brought to, and remained pitch-
ing and surging, hanging on almost by a wire cord,
the circumference of which is actually no more than
that of a threepenny-piece. The skill with which
Captain Pre 2dy
managedin exactly one spot for 69
the vessel, keeping her
69 minutes, was really won-
derful, and but far his aid the cable would have
parted instantly. The exertions of the First Lieu-
tenant Gibson, in the fore part of the vessel were
again of signal service. While the ship lay to a
wire rope was made fast to the cable, and the
Agamemnon brought round so as to remain at a
perfect right angle with the coil she payed out. The
wire rope was then brought in over the bows and
passed aft through the hauling in machinery, and
during this most delicete part of the operation the
huge ship lay to in the face of a smart breeze,
scarcely straining either rope. Once made fast in
the machinery the after rope was cut at a blow,
and the Agamemnon swinging by the wire rope at-
tached to the cable, brought her head round and
began hauling in the six miles over the bows. This
was really the tug of war, and for some minutes—
as in the case of the first hauling up—the steam en-
gine was unequal to the task till some hands fell to
work aft to force the fly wheel mound ; then only at
a very slow rate, and as if fighting with the tena-
cious d 'pths of the ocean, inch by inch the winding
in began, first of the wire rope and then of the
cable itself. As the latter came up a strong hemp
stopper was made fast to it, which proved of rest
service, for hardly had the splice between the wire
rope and the cable approached the machinery be-
fore the latter parted with a loud crack. In an in-
stant the cable flew forward, but was caught by the
stopper, and brought up with a heavy jerk that
strained every inch of it to the very ulmost. Ano-
ther sp'ice was immediately made, the cable again
hauled aft, when again in a few minutes
the splice parted. This time, however, the
stopper strained before gave way entirely, and
in a second the rope was lost under the waves for
ever. The Niagara then, following the example of
the Agamemnon, payed out some miles of cable, at-
tached her buoy to it safely, veered out still more
of her coil, hauld it all in agatn, recovered her buoy
and fathom of the wire suspended from if. By the
time these last experiments were concluded the
squadron was widely scattered hull down on the
horizon. Tee Agamemnon therefore ran down to
signal, and getting permission of the senior officer,
Captain Aloharn. on board the Valorous, stood
back for Plymouth, under sail and steam, the
others following her wake with all speed. On the
run home the squadron encountered much rain
and dense fogs, bat no wind. The fogs of course
affected the speed of all, but, nevertheless, the dis-
tance back was accomplished by 6 o'clock on Thurs-
day evening, when the Agamemnon and Niagara
were the first to cast anchor in the Sound.

During to-day a council has been held among the
engineers and electricians on board both vessels for
the purpose of comparing the n-sults of the experi-
ments. The conclusions at which they arrive will
be made the subject of another comtnunica-ion
before the expedition starts ; but we may mention
hero that, in the opinion of those intrusted with
carrying out this grand undertaking, the whole of
the experiments have been satisfactory. After
tilling up with coal, and taking on board an addi-
tional length of cable, the expedition starts again
on its great mission on Tueslay or `Wednesday
morning next.

THE LONDON AND EASTERN BANKING
COMPANY.

a:rt

EDINBURGH, FRIDAY.

MR. J. E. STEPHENS' TRUSTEE V. HIS AGENT.
The First Division of the Court of Session
gave judgment to-day in the appeal of Mr.
Wilkie, the agent in Mr. Stephens' bankruptcy,
against a decision of Mr. Sheriff Substitute Hallard,
repelling the objections made by him by answering
certain questions in his examination relative
to the furniture of Gethic Lodge, Twickenham. In.
July la-t Mr. Stephens first engaged the legal ad-
vice of Mr Wilkie, a solicitor before the Supreme
Courts in Scotland, and the latter at that time dis-
suaded the jar olvent from taking out the sequestra-
tion. In August Mr. Wilkie advanced to Mr.
Stephens 1,0001., and had the furniture of Gothic-
lodge assigised to him in security. On Oct. 19 Mr.
Stephens at length took out sequestration in the
Sheriff's Court at Elinburgh, and in Dec. last,
while under judicial examination before the She-
riff Substitute there, he absconded. The furniture
! of Gothic-lodge was advertised to be sold on Feb.
9, and was, we believe sold, and Me. Binny, Writer
to the Signet, and trustee on the sequestered estate,
found on tracing the matter that this proceeding
was at the instance of the bankrupt's agent. Mr.
Binny immediately made application to the sheriff
for the examination of Mr. Wilkie, the Bankruptcy
(Scotland) Act of 1856 authorising the sheriff, on
application by the trustee, to order examination of
" the b ink, upt's wife and family, clerks, servant,
factors, law ag,etits, and others who can give infor-
mation relative to his estate ; and further provides
that "the bankrupt and such other persons shall
answer all lawful questions relating to the affairs
of the bank: upt.”
The record of Mr. Wilkiai's examination is as fol-
lows :—" I am the law agent of the bankrupt in
this sequestration. I first became acquainted with
the bankrupt in the end of June or beginning of
July, 1857,
and I then became his law agent. This
was after he came to reside in E linburgh. I was
not aware till August last that the bankrupt was
owner of certain furniture in Gothic-lodge, Twick-
etiliam. I had in August a transaction with hint in
reference to that furniture for my own behoof.
Being interrogated, What was that transaction ?'
thereupon the counsel forth, deponent objected to
this interrogatory, in respect 6:Jti deponeeit
holds a right to the furniture mentioned in the in-
terrogatory ; and if the question and line of exa-
mination to follow relate to said furniture and the
deponen 's right thereto the same are incompe.ent
and inadmissible, unless it be now announced on tho
part of the trustee that he has no intention of chal-
lengiug the deponent's said rght, or of founding on
his deposition for that purpose."
The points thereby raised were discussed before
the Lords of the First Division, previous to the
rising of the Court for the spring vacation, and
minutes of debate were orderel on both sides. In
the minute for the trustee it is stated th .t informa-
tion is required as to " whether the sum of 1,000/.
was really paid by the appellant, and, if so,
was paid— whether by credit, how it
by bill, by cash, or
in what other form—whether the alleged advance
was to any extent made out of the bankrupt's own
means, or whether to any extent or effect the appel-
lant is truly only a trustee for the bankrupt ; and,
finally, he desires to know from the
appellant how
the alleged advance was applied or disposed of by
the bankrupt ?" The objection to give information
rests upon the assertion of a general principle that
a party cannot be required to answer questions pre-
judicial to his own rights.
In giving judgment,
The Lord President said it appeared to him that,
looking t) the question the trustee proposed to put,
and to the position in which Mr. Wilkie stood with
reference to the matter of inquiry, the investiga-
tion the trustee proposed to go into was a compe-
tent investigation. He looked at the matter in thin
point of wiew,—Mr. Wilkie was confessedly in the
positions of law agent and adviser to the bankrupt .
before he parted with that properly, and when ho
was contemplating sequestration, and was a person
who was in a situation to give useful information
relative to a bankrupt's affairs. Had the furniture
been made over to any other person as security, then
M. Wilkie was the person who of all others would
have been examined to give inforulation to the trus-
tee. In that position of matters, Mrr Wilkie having
chosen to take along with his character of law agent
another character personal to himself, could riot pre
elude the trustee from having that information. It
would be unfortunate to the ends of justice if a law
agent could exclude the right of the trustee to obtain
information from him by entering into a transaction
with the bankrupt. That would be to frustrate the
effect of the statute. He hd.d, looking to the
relation of the patties, and without giving toy

THE SUN, LONDON, MONDAY E V ENING, J UNE 7, 1858.

opinion as to the case of a separate individual ac-
quiring right to property of the bankrupt, that the
investigation was not to stop by reason of Mr.
Wilkie having taken the character of an interested
party when he stood in the position of having to
give information relative to the bankrupt estate.
Lord Ivory concurred. He recapitulated the few
fact, how the bankrupt came there for the express
purpose of obtaining sequestration ; how his exa-
mination was begun and continued for days ; how
lone morning he was missed from the "accustomed
hill"—(a laugh)—and how his law agent was exa-
mined as to the estate. He went entirely upon the
ground laid down by the Lord President. Mr.
Wilkie could- not put himself in a better position
than he would have been in had he been the me-
dium through which this transaction had been
made with a third party.
Lord Curriehill concurred, as also did
Lord Deas, who said that the recent nature of
the transaction was, in his opinion, very material.
Mr. Stephens was insolvent at the time, and Mr.
Wilkie knew it. It was after he had proposed to
apply for sequestration and been dissuaded. His
insolvency seems to have been hopeless. To put it
off was only delaping the evil day, or rather the
good day for him. So that here the law-agent was
a conjunct and confident person in the knowledge
that Mr. Stephens could not meet his liabilities,
and that sequestration was to be applied for. He
could not get advantage of the equitable interposi-
tion of the Court, which prevents the trustee from
asking questions of the creditor to defeat his claim,
when it can be answered. " That bargain was an
old affrir ; the bankrupt was quite solvent when it
was gone into." It was very necessary for the
trustee to know whether that furniture be the pro-
perty of the bankrupt—it seems he has nothing if
he has not that ; whether he got all the 1,0001.,
and where it came from, and whether he may not
be concealing part of it. Surely, in the sense of
the statute, these are " lawful questions ?"
Judgment accordingly.