The Sun.
London, England, 1844-02-09 00:00:00

THE ATTOINST-GIiNERAL V. JOHN WOOD.

In this case, which was an information filed by the Attorney.
General for the recovery of certain penalties alleged to have been
incurred by the defendant by means of his having unlawfully un.
shipped divers quantities of cigars without the payment of the duty,
Mr. TREL►oss said the Crown bad consented to take a verdict on
the first count for the penalty of 2,189 L
Verdict entered accordingly.
TAE ATTORNIVIMIZNERAL E. A. GARDNER.
In this case, which wee similar to the preceding one,
Mr. Tinsman said that the Crown, by consent, would take a
verdict on the same count, and for the like sum of 2,1841.
The verdict was then entered, as in the former case.

TEE ATTORNEY-GENERAL V. EDWIN WOOD.
The defendant in this case was understood to be the brother of
John Wood, and in partnership with that individual and Henry
Gardner,

•
Mr. TIENGIBi here too intimated that the Crown had consented
to take a verdict on the first count for the penalty of 2,1844
Verdict for that amount entered accordingly.
TRZ ATTORNEY-GZSMRAL V. BEINNZR.
The defendant in this case, it will be remembered, was the
foreman at Westbrook's Wharf, at which the tobacco was landed
in Scrivener and Fogg's cases.
A verdict was taken by the Crown, by consent, for the single pe-
nalty of 2001.

THE ATTONNEY-OXICIILL IP. PETTIT.
This defendant was the carman of the same wharf, and, loge.
ther with Skinner, had concealed the 20 bales of tobacco which the
lightermeo Reekie and Bird had kept back as security for their
payment.

A verdict in this case was also taken by consent for the penalty
of 2006,

BANKRUPTCY COURT, Feb. 8.
(Before Commissioner Sir C. F. WILLIAMS.)
IM RE CHARLES JAMES MATHEWE.

This day was fixed for the insolvent's, the celebrated comedian's
application for his interim order. The balance-sheet, the sub-
stance of which we subjoin, had been filed by Messrs. Lewis
within the time prescribed
_by the statute, and was exceedingly
voluminous.
Mr. M. Chambers, with Mr. C. Jones, appeared as counsel for
Mr. Mathews;! Mr. E. James opposed the insolvent for Mr.
Anderson (his brother.ltrlaw), and, at a later stage in the course
of the proceedings, Mr. Cooke appeared for certain creditors who
had not obtained " renewals" under the former insolvency of Mr.
Mathews, but who now sought to share in the benefit of the offer
.which, conjointly with his wife, he now offered to his present
creditors.
Mr. Chambers, for the insolvent, said he understood that there
. were only one or two opposing creditors; that Mr. James was
• retained for one, and that not being now in Coen, the other op-
posing creditors might at once proceed, and thus materially save
the time of the Court.
The Learned CommlSMONea was disposed to afford every accom.
modation to all parties, and the only objection to proceeding in the
absence of the Learned Counsel was, that one case might be
auxiliary to another ; both the parties should be present.
Mr. C. Jones considered that the creditors who might think
proper to oppose the insolvent could not be prejudiced by the
Court entertaining the proceedings at once.
Mr. Roberts said, that having instructed Mr. James in this
matter, he was aware that the Counsel's main ground of objection
was, that the insolvent had no locus standi whatever In this Court.
The debts and liabilities now upon the face of his schedule
amounted to 8,1111., of which upwards of 3,0001. had been volun.
tars ly renewed, and contracted by fraud.
The Learned Conausstoesa—A serious charge, if you can
prove it, and ought not to be made if you cannot.
Mr. Reberts—Then, Sir, if not a fraud, at all events much to the
prejudice of his other creditors.
The Learned Cowentaterwea—lf negligence of duty or supposed
prejudice to others constitute crime, then, I fear, we shall have
many criminals in this Court.
Mr. Roberts said that Mr. Commissioner Merivale had decided,
in recent cases, that where an insolvent renewed his liabilities
after his discharge from the Court without the means of paying
them, that such conduct constituted legal fraud.
Mr. Chambers was sorry to hear that any such decision had
. -. been come to, for in many cases the renewal of a debt might arise
from the most honourable intentions.
The Learned Commisstdiven—And, I may add, that it might
emanate from the highest possible principle of mind, and the best
feelings of the human heart. It forms, in many cases, the very
essence of integrity. There is an old adage, that what is hostile to
the law of God cannot Wile law of the land. Any creditor who
cannot attend here to-day may come forward upon the insolvent's
application fpr his final order.
Mr. Roberts said that be now attended for a judgment creditor
for about 301., and for Me. 'Anderson for 6001.
Mr. Chamber( suggested that as this application was merely for
an interim order, that any examination of the insolvent as to the
various items in his balance-sheet, had better be deferred until the
application for the final order.
Mr. Jaines was prepared to contend that the insolvent could not,
and ought not to obtain the benefit of an Act which was only in-
tended to protect the unfortunate debtor. In June, 1842, Mr.
• Mathews was discharged from debts and liabilities amounting to
upwards et 901.111141/ , strut an Wnwribor, 1040, be sled big petition
to be discharged from the Airther sum of 8,111/. Surety, then, it
was not fora person under such circumstances to seek the benefit
of the Insolvent Act. He had no family—he was receiving, toge.
. ther with his wife, nearly 1001. a week—Madame Vestris was not
even put to the expense of finding jewels for her stage orna-
ments; and yet, within a few months, had Mr. Mathews contracted
the enormous amount of 8,11 IL of debt.
The Learned Comm:sstowea—What portion of that sum was
for the renewal of debts from which he had been previously dis-
charged 1' Mr. C. Jones—About 4,4411.
Mr. James—Well, taking that to be so, it appeared that from
June, 1842, to November, 1843, Mr. Mathews had been living at
the rate of 3,0001. a year. ,
Sir C. F. WILLIAMS-4 have a very strong opinion on the sub.
ject, but I shall not suffer myself to be led away by first impres-
sions, nor without hearing evidence; but I must say that there is
something upon the face of the balance-sheet which is extremely
startling.
Mr. James—lt appeared; that in consequence of the issue of
several Brits and executions, and the stage.door having been
Mutest besieged, Mr. Mathews was obliged to quit his engagement,
sod for that no, blame was imputable to him. Mr. Mathews re.
eeirect 5001, upon the 3d of November. With this sum in hand,
Mr. and Mrs. Mathews proceeded to Paris ; they went away in an
omnibus and four—they took with them some thirteen or fourteen
Packages of different articles ; but in less than one month every
farthing of the 5001. was expended, besides 701:, his week's salary,
which he had in his pocket; and even their plate was pledged the
night before their departure. Mr. Mathews was to be pitied for his
emSirr asswients ; but if anything like justice were to be done to
his creditors, he shduld not with perfect impunity be permitted to
expend 6001. in less than one month in Paris. Immediately upon
his return he' obtained his protection from this Court, and had
since been in the receipt. of 701. a week, yet nothing was done for
the creditors-- Such- e case should find no favour in this Court.
*hat was given up for the creditors! Why, a sort of contract
had been set forth upon the face of the balance-sheet, by which
he proposed to give up- 1,3501. a-year of his and his wife's joint
salaries, deducting the payment of an annuity for 3501. a-year, for
whiCh the Marquis of Abercorn was security. Such an offer, he
contended, was a mockery to this Court; it was a mockery to the
creditors.
Sir C. F. WiLLlans--And the jewels of Madame Vestris,
which for costliness were the admiration of the world, where are
they gone?
Mr. C. Jones---1 deny that .Mrs. Mathews has any more jewels
than she now begs she may be allowed to retain upon the payment
of 3/. a.week for their use. The agreement specially provides for
the payment by equal monthly parts, out of both their salaries.
Mr, Mathews was then sworn, and in examination by Mr,
James, stated that at his last discharge his debts and liabilities
chiefly owing to the difficulties attending his lesseeship of Covent., garden, amounted to 29,0001., of which sum, however,only 4,0001.
was upon hisown, account. The properties were retained at the
theatre. Of the 4,0001. he had renewed about 3,0004 I felt
bound in honour so to do, for I was very peculiarly situated, as
many persons came voluntarily fotward to assist me, and one gen-
tleman, knowing my difficulties, lent me 2001.,saying, " Mathews,
I believe you to be a man of honour, and take the money, for I
know, when you can, you will return it to me." That debt,
amongst others, I renewed, but I never granted any renewal for
a pecuniary advantage. In the case of a debt to Mr. Wolf, I re-
newed it for 1001., and be said to me, " take the odd money less
the discount," which I did. I renewed also to Mr. Levi and Mr.
Geldslide, who bad become bail for me; and I will again swear
that I renewed nothing for any pecuniary consideration.
Mr. Cooke here applied on behalf of certain judgment and
ether creditors under the insolvent's former insolvency, but to
'whom no renewals had been given, that they might now be per.
matted to come in and share in the benefits which Mr. Mathews
eras willing to give his other creditors.
Mr. Chambers objected. A discussion ensued, and the Learned
Commissioner decided that he could not grant the application. '
Mr. Sheathers contended that the statements of his Learned
Lhiend (Mr. James) were, to use the mildest terms, founded on
-error ; and besides, as the question had, to a considerable extent,
Put on the character ofa public matter, it could not be disposed of
•• , withi', mature deliberation.
Mr. C. Jones.—This discussion has originated from the sugges-
. lion thrown out of adjourning tee examination until the day fixed
for the final order ; and if rip will allow rne, I will just add a word
Or two. Mt Mathews's debts amount to 8,1001. ; out of this sum
Creditors to the extent of 4,6001. have signed to the proposition
made
,by Mr.. Mathews, for the gradual liquidation of their
clainis ; 2.0001. 'snore are willing to accede to it, but have not
tiiiten'the trouble-to come here to-day ; thus creditors to an extent
cif 6,0601. out of 8,000/. are willing to accept the terms proposed
by Mr. Mathews.. .
•--, e • Ir. Jecnea-IThis is the first I have heard of this agreement ; but
-. -adfhe teem has the power. of 'adjourning an insolvent's examine.
tfori for a few days without granting an interim order, I suggest
that that -
~... • ,would be the best to adopt, and the public would not be
....., t?.uninJ!c;-after reading or hearing this examination, as not to delay
t,n_eif ?pinion 'until the whole case was gone into.
... Sir C.l*. Witetawa-
-'Mote complete justice I would willingly adjOurn the case, that
• ce may be done to the creditors and Mr. Ma-
thews ; but if there is be exPeetetion Of any solid benefit being the
~. result, an adjournment wotdd he w- te t time,
granted, Chambers-1 l'Annui* heti: of
adjournment is
• • granted, and Mr. Anderson,rwho noew teomplains, looks carefully
into theft traniactionshe will be of a very different opinion at the
.. ••'' next meeting.
Mr. C. Mathews here said he wattled to
Make a few observations
In regard to the statement made in respect to m
jeeellery, which was, that in the year '1837, when
lircathiathews's
got into difficulties, and before he had the pleasure of knowing
bet, ruse had jeteellery worth about 1,100/., and at that tr
iris Pima' neceesary not only for-her to sell her property,
but eshiet
was obliged* to raise money upon her jewels ; and her adviser then
rid;- °ibis- is- yeur stock :he trade,"--and such was really the.
fact—fer though-_Wiely seem to be an absurd thing, the greater
- 3 ''apoiltiott Or. tors in country theatres were ladies, and, conse-
v. -.:splently.-being well dressed was absolutely requisite. A good
a ,-averdrobe was her stock in trade, and which gave her a supe-
ejoeity . over many others: Mr. Watkins, who had raised
_a • the money for these jewels, said that by paying three pounds
—per week, she could have the use of them, and go all over the
world with than if she liked, and since 1837, no one had troubled
themselves about them. At the time of the last insolvency, they
wore
placed in the hands of tr. Watkins, who asked if they might
be-placed in the hands of Messrs. Storr and Mortimer upon the
saseeterpls as he had held them. He (Mr. C. Mathews) had got
, initOfseverfil legacies by reason of them, for upon his arrest by Mr.
• -;_li,ontan, °utile ,nilght. of his benefit at Liverpool, he had to get
/ 'a " ' eykipah thorn. .He had always' paid 60 per cent except to Mr.
(k _.. _ : reerion, "the had. never taken any interest, and be (Mr.
:',,,,jiatliaTi) eeidd assure ore Court, that besides a few eaglet of
?:i'..),::-
.....7_

NI ft B

very trifling value, Mr& Mathews had had no jewellery what.
ever, excepting those, which for the use of, she paid at the rate of
31. per week.

Sir C. F. WILLIAMS did not wish to be niggardly: in permitting
an allowance to an insolvent; but still, a man in misfortune must
not stand upon stilts, but come down, and settle with his creditors
who were suftbring. A man of honour, in such circumstances,
would be the more respected by the public the more he abridged his
expenses.

Mr. Mathews said the 501. a week included 101. for personrl ex.
penses, lOL for wardrobe expenses, 51. a week for a carriage, which
was much cheaper than a hackney cab, and 51. for servants at the
theatre.
Mr. James thought that 51. a week for a carriage was too much.

Mr. Mathews—l can assure you it is cheaper than hiring a cab;
for in the first place we have to go to rehearsal, then Mrs.
Mathews has to go and make the necessary purchases for the ward..
robe. We have seldom time to get a dinner until three o'clock ;
and in the meantime I have to run round to stop the mouths of
creditors for 2,0001., at 60 per cent. ; and for the last five years I
have never had time to study a part except in a cab. I can do no
more than offer my creditors the one half of what I earn.
Sir C. F. WILLIAMS.—i think it is extremely liberal.
Mr. Mathews said his reason for coming to this Court was to
avoid angry discussion, by making a proposition of giving half his
gains, or 1,3001. a year, in liquidation of his debts, which he
thought would have put an end to all bickerings; but if he was to
have discussion, while he was paying, why then it would be prefer.
able for him to go to the other Court, and bear a sentence of six
months' remand, for defending actions and obtaining discounts, for
then he might have time! to study moral philosophy, but at the
same time he would get rid of the 8,0001. Treat me and Bog me
too is too bad.

Mr. Chambers said that Mr. Mathews bad acted very unad.
visedly in going to Paris.
After some further discussion an adjournment was agreed to,
till the 17th instant.

The schedule, which consists of 27 double folio pages, states
that the only property which he has consists of wearing apparel,
to the amount of 504 while the gross debts and liabilities are
8,1111. 19s. 10d. ; he has no credits, and no debts due to him,
Mr. and Mrs. Mathews realised, by provincial engagements, from
January 17 to March 31, 1843, for twenty-three nights, at Dublin,
6101.; sixteen nights at Edinburgh, 6401. ; for six at Glasgow,
2641. ; for two at Newcastle, 60/. ; and for five at Liverpool, 2001,
From April the 19th to November the 14th, 1843—in April, 140/. ;
in May, 2801.; in June, 280/. ; in July, 2801. ; in August, 2081.;
in September, 280/. ; in October, 280/. ; and in November, 2481. ;
making a total of 4,3621.

CENTRAL CRIIIINAL COURT.
OLD COURT.
(Before Mr. Justice COLERIDGE and Mr. Justice CaassWELL.

John Davis, alias John Bliph, 22, and Henryßobinson, 40
were indicted for a burglary in the dwelling-house of Edwin
Leaf, in the city of London, and stealing a quantity of
ribbon, and some bandanna handkerchiefs, value 50/., his pro-
perty, and George Hirt, 47, was charged with feloniously
receiving a portion of the property, knowing it to have been
stolen.

Mr. Clarkson conducted the prosecution, and Mr. Wilkins
defended Hirt. The other prisoners had no counsel.
Several witnesses were called in support of the charge
against the prisoners, but it will he unnecessary to give their
evidence in detail. The premises of the prosecutor, in Cheap-
side, were entered on the night of the 10th October last, by
the means of a skylight, the glass of which was removed,
and the property mentioned in the indictment stolen there-
from. It was proved that very shortly after the robbery,
the prisoner Hirt was found dealing with a portion of the
stolen property, which he sold for 251. to a person named
Mosenden, in the Minories. The other prisoners were taken
into custody in a room in their joint occupation, and upon a
search being made, a number of duplicates referring to other
portions of the stolen property were found on their premises,
as were also a quantity of skeleton keys, and other house-
breaking implements.
Mr. Justice Cresswell having summed up, the jury almost
immediately returned a verdict of Guilty against all the
prisoners.
Mr. Wilkins moved an arrest of judgment, on the ground
that the indictment merely charged the first-mentioned pri-
soners with having burglariously entered the premises of the
prosecutor, and stolen a quantity of ribbon, and did not
charge them with entering the premises with intent to steal.
The Court overruled the objection, and the prisoners were
called up for judgment. Davis and Robinson, who were
proved to have been before convicted of felony, were sen-
tenced to be transported for life, and Hirt was sentenced to
be transported for ten years.
The Common Sergeant sat in the eTening, but the cases
disposed of were of no public interest.