The Sun.
London, England, 1850-04-29 00:00:00

MONDAY EVENING, APRIL 29, 1850.

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, April 27.
(Before Mr. Commissioner PHILLIPS.)
Gustavus Vaughan Brooke applied, under the Protec-
tion Act, on his interim order.

He was opposed by Messrs. Nathan, the theatrical
dress vendors, and a butcher named Bloomfield. The
debts amounted tl 5301., of which nfarly 2001. Ns ere
owing to Messrs. Nathan for the hire of dresses.

Mr. Brooke attributed his insolvency to having been
suddenly thrown out of an engagement with Mr. Watts
to perform at the Olympic Theatre. He was to have
received 300 L, but after performing five weeks the
theatre Wit 3 closed. He was for a long time out of em-
ployment, but waa now expecting another engagement.
He had no theatrical dresses or other property to give up.
He was a single man, but had had great expenses. He
was surprised to find Messrs. Nathan's debt so large; he
considered it exorbitant, and that Mi. would have been
sufficient for the dresses he had hired. He did not sup-
pose that they could have been worth more than 401., us
they were only made up for show. His engagement at
the Olympic Theatre this year began on the 4th of
February, and the theatre was closed in five weeks
after wards.

Mr. Commissioner PHILLIPS observed that it was a
matter of public notoriety how it closed, as appeared
from the police reports.

Mr. SARGOOD said the eubkct referred to by the
Learned Commissioner was a recent affair. The
clo,.ing of the theatre had nothing to do with the Globe
office.

Mr. Commissioner PHILLIPS—Why did it close so
suddenly?
The insolvent said Mr. Watts was taken up on acharge
of embtszlement.

Mr. Commissioner Pamirs—That is what I said.
We can't shut our eyes to what is going on.
The insolvent, referring to the subject respecting Mr.
Watts, said, " I had nothing to do with it."
Mr. Commissioner PHILLIPS —Of course not, but was
not the theatre closed in consequence of his arrest on a
charge of embezzlement? Insolvent—lt was, Sir.
His examination was continued, and he stated that he
had acted at the theatre for four weeks. The rate of
salary by the contract was 251. a week. Mr. 'Watts had
paid him 1231., and a sum of 60/. on account of the con-
tract. He bad got money in advance, upwards of 1001.,
to pay Mr. Nathan's first action. He had every reason
to believe that the contract with Mr. Watts was at an
end. He did not take advantage of it and engage him-
self elsewhere. At present he was out of an engage-
ment. He had had no engagement since the closing of the
theatre until the last fortnight. He had an engagement
at the Marylebone Theatre on certain terms—to share
after the expenses. He entered into the engagement
with Messrs. Stirling and Kinlock for a fortnight, with
power on his part to continue if it was found mutually
advantageous. The contract with Mr. Watts was that
he should not play within twelve miles of London ; but
when the theatre was closed he felt himself at liberty to
engage himself at another theatre.

Mr. SARGooDsttidthere was no doubt of it. The
Learned Counsel then proceeded to inquire of the insol-
vent what expectations he had of paying the debts he
now owed.

The insolvent said he had every expectation. Before
last December he had various engagements—sharing
engagements in the country. There were, he knew,
some small debts in the schedule—one of seven guineas,
for cab hire when be was at Manchester, which was the
balance of an account. There were some debts which
he had not paid on account of his inability.
Mr. SARGOOD said it was well known that in the
theatrical profession there were difficulties in the outset.
Mr. Commissioner PHILLIPS—And I believe in other
professions as well.
In answer to further questions the insolvent said he
had not been able, fir want of means, to pay for the
hire of the cab. He had now no property to give up to
the creditors—no theatrical dresses. The dresses he
used he had on hire of Messrs. Nathan, when he first
came to London, in 1848. He had paid Messrs. Nathan
1031. 3s. 6d., and now owed them 1091. for debts and costs.

A discussion arose respecting the hiring of the goods,
and it was stated that more had been paid for them than
they were worth.
The insolvent further stated that he had not the means
to purchase his theatrical dresses, and therefore hired
them of Nathan, and had not paid any money until he
was arrested. He was performing at the Olympic
Theatre about five months iu 1848, under Mr. Spicer and
Mr. Denton. He was paid 201. a week, and then it was
increased to 25/., and for two months he had 301. a week.
He had received in the five months about 500/. The re-
mainder of the year he was at Brighton and other places,
and made, he should suppose, 150/. He was not a mar-
ried man, but was in difficulties, and devoted his money
to pay his debts at Liverpool and Manchester, where he
was a resident. He did not know what he owed Messrs.
Nathan, but he did not expect the exorbitant charge they
had made of 1031. He thought that 50/. would have
been a moderate charge for the dresses, or 11. a week.
Mr. Commissioner PHILLIPS asked the real value of
the dresses hired. Insolvent—A mere nothing.
Mr. COOKE—About how much? Insolvent—About 40/.
Mr. Commissioner PHILLIPS—Made up for show.
Mr. SARGOOD said it was like hiring a horse and
chaise—more was paid in time than the value.
Mr. Commissioner PHILLIPS—That depends on cir-
cumstances. I never did an) thing of the kind.
After a few more questions and a conference between
the counsel,

Mr. CooxE said he had been speaking to his Learned
Friend about paying the debts. He had an offer to make,
but he would not make it before his friend had bad tae
opportunity of opening his case. Mr. Brooke's charac-
ter before the public was of great importance to him, and
therefore he had abstained from making the offer, that
the public might know there was nothing in the case to
affect his character.

Mr. SARGOOD readily admitted that there was nothing
in the case against Mr. Brooke's character. It was as
well that it should go forth to t`►e public.
Mr. CooKE said be had the honour of ser-ing Mr.
Brooke on the subject before he came into court. His
character was everything with him, and from his great
talents, the offer he was about to make was one that
would certainly benefit the creditors. It was proposed
that, at the end of each year, Mr. Brooke should make
a statement of his gro•s receipts, and pay into court one-
eighth part for his creditors, so that if he made 8001.,
there would be a 1001. fur the creditors.
Mr. Commissioner PHILLIPS said he saw an item in
the proceedings of 8001. fur travelling expense s.
Mr. CooKE said the expeases incurred were very
great.
Mr. SARGOOD said he should prefer a fixed sum.
Without being personal, actors were known to have some
habits of extravagance.
Mr. Commissioner PHILLIPS—This gentleman has a
character to support, and I see no debt of extravagance
in the schedule. There is nothing in the case to affect
Mr. Brooke's character in the least degree.
It was then arranged that a day should be named for
the final order.

Mr. Bloomer, the creditor in person, opposed. His
debt was only 2/. 16s. 4d., and he had sued Mr. Brooke
in the county court. lie wanted his debt erased from
the schedule, so that he might have his remedy in the
county court; but the Commissioner told him that it
could not be done.

A discussion arose respecting the periods at which
Mr. Brooke was to render an aceount of his professional
income; Mr. Sargood wanted it, qu irterly, but Mr. Cooke
proposed half yearly, and, eventually, the first account
was to be rendered by Christmas next.
Mr. Commissioner PHILLIPS said he understood that
Mr. Brooke was in expectation of an immediate engage-
ment.

The insolvent said he expected an engagement.
Mr. Commissioner PHILLIPS —I have very little doubt
that the debts will be paid, provided he has his health ;
I 'se no reason to doubt it.

It was then arranged that the first a-count Ehould be
rendered at Christmas next, ani the 24th May was fixed
for the final order.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
The Rev. John Berrington was charged with obtain-
ing a sum of money from Mary Oakley under false pre-
tences.
The prosecutrix stated, that being in want of a situa-
tion, she was introduced to the prisoner by Mrs. Wright,
who keeps the Domestic Emporium in New Oxford-
street. On the 6th of April she was engaged as house-
keeper: -by the prisoner. The prisoner represented
himself as living at Bromley, in Kent. He asked pro-
secutrix whether she had any property. She replied in
the negative. He said that he was short of cash and
wanted her to lend him some money, adding that his
former housekeeper had done so. She let, and having
procured 10/. she called at the prisoner's lodgings on
Wednesday fortnight and had an interview with him,
when she lent him 41. and some silver. She made this
advance on the faith of the written engagement he had
given her, and the promise that her money would be
returned with her wages for the first quarter. It was
Mrs. Wright who said the prisoner lived at Bromley;
she afterwards said at East Ham, and also named
Knowle-park. He evaded the subject of his place of
residence. In consequence of suspicions which had
been awakened in her mind, she caused the police to take
the prisoner into custody,which was done at his lodgings,
No. 5, Oxford-street.
In answer to the charge, the prisoner said he would
tell the truth. He lived at Snareabrook, but as some dis-
pute had occurred about the rent, 250/. a year, he had
been induced to leave the place, and had since been un-
settled. He had told the prosecutrix how he was situated,
and that when he was settled she was to come and be his
housekeeper. He intended no deception. She had been
to Miss Fowler'a, his former housekeeper, who had also
lent him money, but which had been duly repaid, as his
banker's book would show. He had prope,-ty which was
paying him at that moment 200/. a yea r. He had
graduated at Marischal College. Aberdeen, and was of
King's College, Cambridge. He was Regius Professor
of Greek.
He was remanded till Friday next.
MAR YL EBOIVE.
Ia the report inserted in our paper of Saturday, of a
charge against Mr. Lawrence, a fishmonger in Motcomb-
streef, Belgrave-square, fur " having feloniousl3 7 obtained
possession of a title-deed by inciting a person to st,a!
the same," Mr. Long is stated to have remark :ed that
"the inciting to steal had no doubt been cleat 'ly made
out, but not so the felonious intent." The latter part of
this observation is incorrectly given, the worthy a nagii-
trate's words (which were not distinctly heard i 'y the
reporter) having been " the question is whether there
was an actual felonious taking in this case, when i t has
been shown that the property was freely given up t o the
prisoner."

. .
Mr. Wakeling conducted the prosecution.
Mr. Thtenas Bland, botcher, of High-street, Islington,
was the first witness examined by Mr. Wakeling. He
said that on Wednesday, the 3d of the present month, a
respectehly-dressed man and Mr. Ward, a butcher, in
Exmouth-street, came into his shop, and purchased some
mutton-chops, and he afterwards, at their request, pro-
ceeded with them to the Blue Coat Boy public-house,
City-road, to take a glass of ale. Here they were soon
joined by Lawler, who was drinking brandy-and-water,
and subsequently by Bailey. who feigned to ba drunk,
and said he had been at Sadler's Wells on the previous
night. After narrating some story about being
crossed in love, he said he had already come into the
possession of 5001. a year. Bailey then offered wit-
ness a bottle of champagne, which he declined to accept.
Bailey then asked Lawler to engage in a game of skittles,
which he agreed to, and proceeded for the purpose to
the John Bull public-house, in Brewer-street. The geme
was accordingly played there for 1/., which was deposited
in witness's 1-and, who was induced to accompany the
prisoner to •' see flair r•lay." Bailey having lost, witness
gave up the stilies to`Lawler, who, out of it, paid for a
bottle of port wine, which was brought to them by Ann
Russell, servant of the landlord. While they were par-
t king of the wine, Lawler made a bet of 5/. with Miley
that he (Bailey) could nit bring down the nine pins in
five times, and the money was dilly post-d, and lost, by-
the litter; after which witness advised him to play ❑o
more, or he would lose all his money. To this recom-
mendation Bailey observed that it did not matter to him
it he lost a hundred or two, and play he would. About
this time a stout man, celled by tl: e prisoners Johesen,
e as let into the ground by them, and emit tnettced betting
with Bailey, who st 11 continuing to 10-e, witness was even-
tually induced by Lawler to bet Bailey that he did ❑ot
get the nine skittles in five times, which stain witness
very quickly dropped (a laugh), and also a like amount
very soon on the same issue of the game. After this in-
sight by witness into the mysteries of the play, Bailey
said to him, " Now, I will bet you 50/. you cannot get
them in nine times," which sum wit❑ess immediately
procured, when Bailey refused to make good the bet,
unless it was increased to 1001. Witness not having
sufficient money for that purpose, let that particular
matter end, but consented to play a match with Bailey
fir 20/, Lawler and Johnson engaging to put up the
skittles, urging that it would be better for them to do so
than to allow a stranger to come into the ground.
Mr. TYRWHITT (smiling)—Of course, he allowed you
to win the 20/. ? Prostemtor—On, no.—(Laughter.)
Mr. Mould (the clerk)—How many times did you go
at the pins? Witness—usually four. When I went
that number, he went three times.—(A laugh.)
Mr. Wakeling—Of course when you went two he
would get them all, and would have tied you every time
had you knocked them all down at a throw. Much
laughter, in which the prisoners joined.
The witness continued, that he played another ma'ch
for 101. with the same result, and after that he was pre-
vailed on to go with Ward and his friend and the priso-
ner and Johnson to the Sportsman, in the City-road.
where Lawler called for six glasses of brandy and water,
one of each they drank. While there, witness said it
was a shame he should have lost so much money, wht.n
Lawler and Mr. Ward's friend recommended him to go
to another skittle-ground, telling him be would win all
back again, and tLey named one in the Kingslaud-road,
whither they all proceeded in a cab, and where witness
was fleeced of the rest of his cash in the same way, be-
sides a cheque for 25/.
Mr. Mould—How much money were you robbed of ?
Prosecutor-531, independent of the cheque.
By Mr. Wakeling—l drank so little that I am satisfied
I must have been drugged. I was ill two days after-
wards.

Ann Russell, servant at the John Bull, identified both
prisoners as having been at the house on the 3d inst.,
when Mr. Bland was there.

The prisoners were next charged with having swin-
dled Mr. Rowland Morgan, builder, of 22, 'Ashley-
crescent, City-road, of 30/.
Mr. M irgan shortly stated that, on the 13th of March,
he was asked by a young man in Bury-street, City-road,
the way to the Angel Tavern, and as he was going that
way he offered to show him the house. They proceeded
as far as the Windsor Castle, City-road, where the
stranger halted and invited him to partake of some re-
freshment, and they went in and had a pint of half-and-
half. The prisoner Bailey app( arid then in the same
character as in the first ease, and fleeced him of 301. in
the same manner as at the John Bull.

Mr. Wakeling now asked for a remand, and said he
had no doubt he should at the next examination have
numerous other charges to prefer of far greater
magnitud,..

The prisoners applied to be admitted to bail.
Mr. TYRWHITT said it was a bailable offence, and or-
dered them each to find two responsible housekeepers in
the sum of 1501. each, and give 24 hours notice to Mr.
Wakeling.
The prisoners wero sent to the House of Detention
until the bail is found.

hospital, fund the poor women in such a precarious
stite that he at once proceeded to Bow-street for the
.magistrate to come and take her depe.itions. Mr. Hall,
the chief magistrate, was soon in attendance, accom-
panied by Inspector Black and Mr. O'Brien, the es-
sistant clerk. The prisoner was brought up in custody
of two policemen. Having heard some one remark
that his wife's heal was completely smashed, he
shuddered, and said, " Ah! she muss have fal'en head-
foremost." During the time that the depositions were
being taken the prisoner appeared in great agony. The
woman said she was thirty-five years of age, and her
husband had frequently beaten her in an unmerciful man-
ner. Somettmes with a poker. Latterly he had been much
more affectionate and kind to her. On Saturday night
they had been out drinking together. They got home
about half-past twelve. In a short time afterwards she
said or did something which displeased him, when he
struck her over the face acid head. The last blow
knocked some of her teeth out; she then heard him call
for a poker, and she, to escape, pushed the window up,
for the purpose of exiling assistance, when she fell or
threw herself out. She knew she was dying, and prayed
for fergiveriess.
The little girl, who said her name was Martha
Donovan, Confirmed what her mother had stated about
the quarrelling, and added, tha: she ran to the window,
when her (ether followed, and lifting her up, threw ter
out of window int) the back yard, and she fell first on
her face and then on the back of her neck. She had fre-
quently seen her fether beat thr mother.
The prisoner then ook a farewell of his wife, but
said nothing about the occurrence. He was removed
back to his cell at Bow-street.