The Sun.
London, England, 1859-01-05 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF BANKRUPTCY.
(Before Mr. Commissioner GouMum.)

JUDaMENT ON CERTIFICATE.—IN RE DAVIDSON AND

GORDON.

His Honour gave judgment this morning on the question
of certificate of these bankrupts. The case has been before
the court for a very long period, and the main facts have
been so recently published at great length, that a summary
of the judgment will explain the case.

His Honour, after alluding to the great importance of
the case in a commercial point of view, referred to the
report of the official assigns, and expressed his re►ret
that Mr. E. Hart, who had prepared it, was about to retire
from his official duties in this Court, which he (His Honour)
regretted, as he (Mr. Hart) had for many years assisted the
Court, and no doubt his talents and abilities would
place him in a much higher position than he held at
present. This eulogium was due to Mr. Hart for his many
years of close attention to duties requiring the strictest
faithfulness and impartiality. His Honour then went
through the voluminous report and the mass of evi-
dence adduced, and ultimately said that the bankrupts
had clearly brought themselves within the penal clauses
of the act of Parliament, on several grounds—the non-
surrender and the concealment of property, as they had
absconded, taking away a large sum of money.. It was no
excuse that they had subsequently been allowed to sur-
render to avoid the penal liabilities, or that they
had been acquitted on several of the charges pre-
ferred against them. But, whatever the charges
might have been criminally, or whatever the punish-
ment, it had nothing to do with this Court, which
was a Court for the protection of the commer-
cial world. Had the bankrupts been tried and
acquitted on the different charges on the merits, and not
on mere technicalities, he would have endeavoured to bring
his mind to another conclusion than he now felt himself
bound to do, which was to wholly refuse the certificate.
His Honour, in the course of his judgment, referred par-
ticularly to the bankrupts' transactions with Messrs.
Overend and Gurney, and expressed his opinion that much
of the misery and losses to innocent traders and mercantile
firms arose from the facilities afforded by firms of much
higher repute to bolster up a falling concern.
Certificate suspended, and protection granted.

POLICE IXTELLIGEXCE.-(TIIIS DAY.,

MANSION-HOUSE.

ALLEGED EXTRAORDINARY SYSTEM OF OBTAINING
GOODS BY FALSE PRETENCES. - John Constable, alias
Thompson, of 9, Thanet-place, Lewisham, described as a
shipbroker, was charged with fraudulently obtaining 43
bolts of canvas, by representing that they were required for
the ship, Mary Ann, then lying in the Commercial
Dock.

Messrs. H. and E. Russell, of 3 and 4, Star-court, Bread-
street, extensive linen factors, were the prosecutors.
Mr. Buchanan, of Basinghall-street, who attended to pro-
secute, briefly set forth the particulars of the case, and from
his statement it appeared that the prisoner had ordered and
obtained the canvas in question on the plea that it was for
I the navy and for the purpose of making sails, and directly
he obtained the goods he sent them to an auction room.
Knight (city detective) deposed that the prisoner had
given his address as Peckham, but, after some difficulty, he
obtained a clue to his residence, which was as given above.
The prisoner was met by Knight yesterday in Lewisham,
and upon being charged with the offence, at once repudi-
ated all knowledge of both prosecutors and the transaction.
He also declared that his name was not Constable, but
Thompson. He was, however, taken into custody. He
produced a card of the ship Mary Ann, and said, " There
is no fraud ; it was for that N essel, and the captain gave me
the order. As the captain could not take the goods, I was
obliged to dispose of them the best way I could. I in-
tended to pay the firm " At the station-house he begged
Mr. Russell not to press the charge, and offered £lO, with
security for the remainder, the value of the goods being £BO.
Mr. Buchanan then called Mr. Russell and the captain
of the Mary Ann, and the case was proceeding when our
reporter left.
Mr. Wontner appeared for the prisoner.