The Sun.
London, England, 1859-12-26 00:00:00

POLICE INTELLIGENCE—Dec. 24.

GUILDHALL.—Mr. Maximilian Gutkind, lately
carrying on business as a merchant at 39, Noble-
street, in the city of London, was brought up before
Alderman Salomons, having been apprehended by
Bull, a detective officer, upon a warrant charging
him with having obtained goods under the false
colour and pretence of carrying on business iu the
ordinary course of trade, with intent to cheat and
defraud his creditors.
Mr. Turner appeared for the prosecution ; and
Mr. Sleigh, instructed by Mr. Jones, conducted the
defence.
Mr. Turner said—l am instructed by the assignees
in the bankruptcy of the prisoner to prosecute under
the 243 d section of the Bankrupt Law Consolida-
tion Act, and the specific charge against the prisoner
is that of obtaining goods to the value of £2OO
within three months of his bankruptcy with intent
to defraud Mr.Krauss, the London agent of Messrs.
Labard and Co., muslin manufacturers, of Switzer-
land. The bankrupt's liabilities are stated at about
£6,000 or £7,000, against which he has assets
amounting to not more than £2OO. At the bank-
rupt's examination on Wednesday last it was ascer-
tained he had been carrying on business as a mer-
chant in Noble-street, during the last five or six
years, over which period his liabilities extended ;
but the assignees were naturally surprised that the
liabilities should be so heavy and the assets so small,
knowing that theprisoner had very recently been
buying largely in goods,?and that he should so soon
after apply to the BankrUptcy Court for relief.
They therefore instituted a most searching inquiry
into the bankrupt's affairs, and discovered that he
had been dealing with property purchased in No-
vember in a manner contrary to the representation
he made at the time he obtained the goods, and the
assignees, having reason to believe that he had also
disposed of goods obtained of other creditors to a
very large amount in a similar manner, deemed it
their duty, as commercial men and upon public
grounds, to prosecute the bankrupt for the frauds
alleged against him.
Mr. Stubbs, one of the messengers in the Court of
Bankruptcy, produced the proceedings, and the evi-
dence he gave on the information upon which the
warrant was founded having been read over,
Mr. Sleigh said he would save the time of the
Court by suggesting that all formal proofs should
be'deferred until the whole of the evidence relative
to the fraudulent acts alleged against the bankrupt
should have been completed, and then, if the magis-
trate should think it a case that ought to be inquired
into elsewhere, that evidence could then be taken.
Mr. Krauss was then examined on oath, and said
—I am agent to Messrs. Labard and Co., of Switzer-
land, manufacturers of muslins. I have known the
bankrupt about two years. About the beginning
of the month of October last the bankrupt came to
my warehouse in Gresham-street, and I showed him
some patterns of Swiss muslins, and asked him if
they would suit his market. He said he believed
they would, and I accordingly sent the samples to
his office the same day. On the 7th October, three
days after he had the patterns, he sent me an order
in his own handwriting, and when I saw him shortly
after he requested me to write to my principals in
Switzerland to urge them to forward the goods
without delay, so that they might be in London
early in November, as he wanted them for the New
York market. I wrote as he desired, and on the
12th November I received a letter from my house in
Switzerland, enclosing an invoice, which I after-
wards handed to the bankrupt. The goods arrived
on the 20th November, and I asked him if I should
clear them, but he said he would clear them him-
self, as the goods had to go abroad. I sent him the
draught of my house in Switzerland for £195,
which he returned accepted. It was drawn at four
months. On the 21st of the present month I at-
tended a meeting of the bankrupt's creditors, and
asked him what he had done with the two cases of
muslins which he had of me.

Mr. Sleigh—Was there any other person present
during the conversation ?
Witness—Yes ; Mr. Turner and Mr. Reid, my
co-assignees, and Mr. Turner, the solicitor.
Mr. Sleigh—Was the bankrupt told it would be
better for him to tell the truth ? _ _

Alderman Salomons—l really must stop you, Mr.
Sleigh, as I do not think the question a proper one.
Mr. Turner—l submit that Mr. Sleigh must re-
serve the question for his cross-examination.
Mr. Sleigh—l contend lam entitled to interpose
the question to ascertain what inducement, if any,
was held out to the bankrupt to make admissions
which might militate against him hereafter. If
anything like a promise of forgiveness or favour
were made to him, then any communication which
followed would not be evidence.
Witness—l never said any such thing. I made
no promise of any kind, nor did any one else in my
presence. He said the two cases of muslin had
gone to Mr. St. Losky, of Basinghall-street. Some
further conversation took place between him and
the others who were there, and he said he had
£2,000 of Mr. St. Losky in March last, to whom
he had given goods to the value of about £3,000
and more. He believed Mr. St. Losky's place of
business was in Basinghall-street, but he did not
then know where ho was to be found. I went to
the bankrupt's premises on Thursday, and I do not
think the assets 1 saw there will realise more than
£2OO.

Cross-examined —I have not been doing business
for the prisoner. during the whole of the two years
I have known him: The muslins was the first
transaction I had with him, as I had no goods
suited for him.
Mr. Sleigh—Did you deal with him in mouey, ,
or is this the only transaction you had with him
of
any kind ?
IVitness—Well, I had a little transaction with
him two years since. It was for 100 almanacks,
which I sold to him fur £35, and he paid me the
money for them.
Mr. Sleigh—Had you any other little transaction
with him prior to that of the muslins ?
Witness--Only friendly transactions.
Mr. Sleigh—Were those friendly transactions
loans of money made by the bankrupt to you ?
Witness—No, sir. Ido not call it lending money
when I had a check from him one day and gave 12,m