The Sun.
London, England, 1859-04-21 00:00:00

POLICE INTELLIGENCE.-April 20.

GUILDHALL—Mr. Francis Ing grocer
and tea dealer, of 9, High Holborn, appeared on a
summons before Alderman Phillips, to answer the
charge that he, " the said Francis Ingham, being a
person against whom a petition for adjudication of
bankruptcy had been filed, and who had thereupon
been adjudged a bankrupt, did on the lbth of
Novomber last, in contemplation of bankruptcy.
unlawfully make divers false and fraudulent entries
in a certain book of account, called a cash-book,
with intent to defraud his creditors."
Mr. Eagleton appeared for the prosecution, on
behalf of the assignees, and Mr. Dorien, barrister,
conducted the defence.
Thomas Collins, clerk to Mr. Hamber, one of the
messengers of the Court of Bankruptcy, said—l
produce the proceedings in bankruptcy against
Francis Ingham, containing the petition and the
adjudication of bankruptcy of the 19th November,
1853. The bankrupt surrendered on the same day.
I also- produce his examination, taken on oath
before Mr. Commissioner Goulburn, on the 3d of
February last.
Mr. Eagleton then read the following portion of
the bankrupt's examination, as material evidence
in support of the present charge :—" I kept my own
accounts entirely. My business was perhaps chiefly
a cash business. I put down what I received and
paid each' day in a book. That wacasefibx
first entered
I •toefnteeah
ldsometim2s on a paper and put in a a
en-
tered at night the receipts and payments
day. I counted the money from the till each night
to show the receipts; Immediately I made a pay-
ment I entered it in a cash-book. (Book produced.)
I put down each payment as I made it in that book,
and at the end of. each day I counted the money
from the• till, and wrote it
side of that book. Ttakings
he lwn on the other
nothing more than call receipts are
the money counted from the till
each day. If I received any money for a debt con-
tracted on credit, I wrote that down in the book.

I cannot say I did so always. That book repre-
sents all I took and all I paid. That is not the
first cash-book I handed to the official assignee.
(Another book produced.) The book now produced
is the one I first produced to him. lam sorry for
it. That book is all in my own handwriting. I
made up that book the night before my bankruptcy:
It was after I had determined tqbecome bankrupt.
I was bankrupt on my own declaration of in-
solvency. The book was made up after I had
signed a declaration of insolvency. The figures
there as receipts are less than the sums entered as
receipts in the cash-book. I felt myself in confu-
sion, and felt much anxiety at not being able to

account for a large deficiency. I thought It (the
book) would enable me to do so. It was written
in an hour or two. I had the real book before me,

and copied it, making the alterations ih the re-
ceipts. It was entirely, my own idea. When I first
went to the official assignee's office, I was told it

could not be a true book, as it appeared to have

been written all at one time. rsaid in answer to

that. that each page was written at one time."
Mr. Edward Hart, an accountant, said—l was in
the office of the official assignee (Mr. Nicholson) in
this case in November last. The messenger brought
to the office the book produced, numbered 4,535
(the fictitious book referred to in the above exa-
mination). That was about the 20th or 21st of
November, and the bankrupt called on the 22d. I
asked him what books he kept in connexion with
the business, and he said he kept a day-book, a
ledger, no cash-book, but only a book of receipts
and payments which had never been added up. He
further said that the fictitious book had been
written by him day by day, and that the entries
were not made all at one time. He said he bought
the book at a secondhand book-stall in Holborn
when he first commenced business. About two or
three days after, his accountant sent for me, and I
Ireceived the correct cash-book produced.
Cross-examined—l should think it was within

three or four days after I saw the bankrupt that I
received the second cash-book. It might have been
on the following morning, but I am not prepared
to say positively either way.
Mr. Eagleton said that was the case for the pro-
secution.
Alderman Phillips said the bankrupt was charged
with making a false book to defraud his creditors,
and it was therefore important to show what
dividend had been declared, or in what manner his
creditors had suffered by the fraudulent book.
Mr. Eagleton said the estate had not yet been
realised, and there was consequently no dividend
at present. It was impossible to ascertain the
exact state of the bankrupt's balance-sheet, as
there was a sum of money coming to his wife,
which would probably give rise to some litigation
as to whether the creditors could avail themselves
of it for the estate.
Alderman Phillips said the bankrupt was charged
with fraud, and it was his duty to ascertain in
what manner the fictitious book had been the means
of defrauding his creditors.
Mr. Hart said the balance-sheet had been pre-
pared entirely :from the correct cash-book, and that
the fictitious book had not been acted upon at all.
Mr. Eagleton said this prosecution was insti-
tuted by Mr. Commissioner Goulburn's direction,
under the 252 d section of the Bankruptcy Consoli-
dation Act, which enacted that any falsification of
a bankrupt's accounts, with intent to defraud his
creditors, was a misdemeanour punishable in the
usual way, and the fraudulent intention of the
bankrupt was quite apparent in placing the ficti-
tious book produced before the assignees as a true
statement of his affairs.
Mr. Johnson, solicitor to one of the trade assig-
nees, here explained that the Commissioner had
ordered this prosecution, but that there was a
difference of opinion among the assignees ; and
Mr. King, feeling that the Commissioner was
not justified in making such an order, now
wished to withdraw from the prosecution. The
bankrupt commenced business in 1857 with bor-
rowed capital, advanced by his brothers, who were
the principal sufferers by the bankruptcy. The
second book produced had been used in making up
the balance-sheet, and the bankrupt had, in fact,
passed upon it, notwithstanding the most virulent
opposition at every stage in the proceedings. The
bankrupt did not make out a false book, but on the
following morning he took the correct book, ad-
mitted the error he had committed, and not one of
his creditors had been damnified by the book first
produced.
Alderman Phillips said the question was not what
was actually done with the book, but for what pur-
pose it was put forward. He had listened very
attentively to the evidence, and there were points
in it he should like to give a more serious considera-
tion to . at the same time he would remind Mr. John-
son that he thought Mr. Commissioner Goulbuin
had exercised a very wise and sound discretion in
sending the case to this court.
The bankrupt was then remanded on bail.

MA RYLEB ONE.—CONVEYING SPIRITS INTO A
WORKHOUSE.—EIIen Cayley, was charged with
having unlawfully conveyed spirits into Marylebone
Workhouse.

Mrs. Richardson, the matron, deposed that on
Wednesday afternoon the prisoner came to the
house to visit a patient in the infirmary. Witness,
as is usual in such cases, searched her, and found
in the lining of her petticoat a bottle containing
about half a pint of gin ; she was then given into
the custody.of Police-constable 46 D.
Mr. Broughton (to the prisoner)—What is your
answer to this ?

Prisoner—l own that I took the gin in, but was
not aware that I was doing wrong.
Mr. Broughton—You are liable to a penalty of
£lO for this offence. You cannot pay that, can
you ?

Prisoner—Oh no, your worship, nor so many
shillings, and if you punish me I must serve my
time in prison.
Mr. Race, one of the officers at the workhouse,
said that the practice had been carried on to a
considerable extent, and the medical gentlemen's
efforts to restore health to their patients had in
many instances been frustrated through spirits
being clandestinely introduced into the establish-
ment. __ _ _ - _ _

Mr. Broughton said he hoped that what had
taken place would be a warning to prisoner, and
inflicted upon her a fine of as., in default of pay-
ment seven days in the House of Correction.
BIGAMY.—Mary Ann Frankhata was brought up
on remand, charged with having intermarried with
George Pamphilon, her former husband, Walter
Frankham, being at the time now living.
Proof of the two marriages was brought forward,
and the prisoner was sent for trial.

LAMBETH.---JEALOUSY AND SERIOUS As •
SAULT.—William Moore, a waiter out of employ-
ment, appeared before Mr. Elliott, to answer to a
very serious charge of assault on the person, and
breaking the leg of Mr. John Turner, a gentleman,
residing at Westow-hill, Norwood.
• Mr. Turner, who entered the court on crutches,
and who was accommodated with a chair in front
of the solicitors' table, deposed that on the night of
the 22d of February last he came from the London-
bridge Station by the half-past twelve train, and
got out at the Anerley Station. The defendant,
whom he met there, and whom he knew from his
having been a waiter at. a public-house, and his
also visiting a. servant of his, offered to see him
home, and caught him by the arm, but on reaching
the bridge he got away from him, and told him he
did not require his assistance. The defendant still
persiSted in giving his assistance, and again caught
his arm, and going along he (Mr. Turner) spoke
about his two servant girls ; said that it would be
a good thing if they were out of the neighbour-
hood, and told the defendant lie was a great
fool for having anything to do with either of
them, as they had a couple/of captains who called
on them, and with whom they walked out.
On saying this, the defendant gave him a violent
u
blow on the eye, which knocked him down,
getting up, he found the defendant in in
neckcloth a
fight,
upon
in n
onat-
titude.vs Ile rushed in on him to prevent his striking -
again, and caught him by
h
hieli the defendant kicked him violently and broke
his leg. His groans brought t
wo policerAen to the
spot, and he begged of them to
procure a fly to take
him home, as his leg
Was broken. The defendant
procured a bath chair,
assisted
in taking. , him home,
and on seeing Mrs. Turner, he told her he (witness)
pt young with the - woman he
was paying his addresses to, esses to, and that this led to
the quarrel in wl •
r.eh he got his leg broken. Mrs.
Turner felt
indignant at this insinuation, and
ordered the
defendant out of the house, and for six
weeks and three
days he (Mr. Turner) had been
confined to his bed.
In
,cross-examination,the prisoner admitted that
lie was not
sober on the night in question, but de-
nied that he had said he slept with the young
wanian the defendant was courting. lie had, how-
ever, spoken disparagingly of the young woman
and her fellow-servant, but denied having caught
hold of the defendant by the neckcloth before he
had been knocked down.
The defence set up by Mr. Neale was, that the
• complainant. had been intoxicated at the time, and,
according to the testimony of one of the constables,
had challenged the defendant to fight.• and while
being assisted along, Mr. Turner had not only
passed reflections on he young woman Moore was
courting, but said he had slept with her. Annoyed
at such statements, the defendant ventured to re-
monstrate, upon which the complainant caught
him by the throat, which led to a struggle
and a fall, and in the latter Mr. Turner unfortu-
nately got his leg broken.
Mr. Turner here said his medical man could