The Sun.
London, England, 1844-11-07 00:00:00

T-J btrb latttott

THE FUNDS-(C

OSING PRICES).

BRITISH
Bask Stock .. -.....ex div 201
3 per Cent. Red 9954
3 per Cent. Cons. ..... 100%
3% per Cent. Red
New 3% per Cent. 102%
New 5 per Cent... .......
Long Annuities to expire
Jan 1860 l2 1-16
Oct. 1859 IIA, 13-16
Jan. 1860... ...... 12%
Indian 5t0ck....... ........ 206)4
......... r

FUNDS.
Ditto Bonds £l,OOO
Ditto under .£l,OOO —
South Sea Stock
Ditto Old Annuities
Ditto New Annuities
Ex. Bills, 1,000/. I%d 65 prn.
Ditto 5001...« 65 pgi,
Ditto Small 65 pm.
Bank Stock for Acct —
Consols for Act. lOO,B
India Stock for Acct —
NI FUNDS.

Austrian, 5 per Cent .........
Belgian, 5 per Cent............ 102
Brazilian: Bonds
Buenos Ayres, 6 per Cent...
Cuba Bonds, 6 per Cent......
Ghllian, 6 per Cent ........... 101
Colombian, 6 per Cent
Danish, 3 per Cent
Greek, 181 Z, 5 per Cent......
Mexican, 5 per Cent
Neapolitan Bonds, 5 per Ct...
Prussian Bonds, 4 per Cent.
Peruvian Bonds, 6 per Ct... --
Portuguese Bonds, 5 per Ct 65

Russian, 5 per Cent
Ditto, Metallic —
Spanish, 5 per Cent., 1840 24
Ditto, 1841......»».».«.»
Ditto, 1842
Ditt0,1843....... ......
Ditto,
Ditto, 3 per Cent . ....
Venezuela Bonds, 2 per Ct —
French, 5 per Cent... —t. c
French, 3 per Cent.... —l.
Exchange —f.
Dutch, 234 per Cent
Ditto,ls per Cent

SHARE&
Bristol and Gloucester, 30 paid
Chester and Holyhead ( 5 paid)
Churnet Valley, 2 paid
Eastern Counties (25 paid) ..«...... l3
Ely and Bedford, 1 paid ll/
Great Southern and Western (Ireland) 5 paid
Kendal and Windermere, 1% paid 5
Lancaster and Carlisle, 10 paid
London and Birmingham (Stock)
London and Croydon ...... ..... ...................... 16
London and York, 2% paid 2%
Manchester and Leeds (70 paid)
Ditto, Half Shares, 30 paid 46
Newcastle and Darlingron Junction, 21 paid
South Eastern and Dover (33 2s 4d paid)
York and North Midland (50 paid)
Ditto Scarboro' Branch, 10 paid
Ditto, Selby Scrip, 20 paid '79
Orleans and Vierzon, 2 paid . 9i
laris and Orleans (20 paid) «... 39%
Paris and Rouen. 20 paid ....... .......... ..... ....... .... 39%
Paris and Strasbourg, 2% paid 214
Errata in yesterday's one o'clock List—Read Great
Western Fifths, 25k, instead of Grand Junction Fifths ;
and Paris and Orleans, 391 a A, instead of 3811 a A.

VICE-CHANCERY.—(THIS DAY.)
(Before Vice-Chancellor KNIGHT Baum)
PALIN V. GATHERCOLE.
This case, which:was expected to come on to-day, on
ahotion to commitlthe defendant, was not mentioned
till the rising of the Court. The petitioner, the Rev.
Palin, the Rector of Stafford, Essex, and the
defendant, the Rev. Alichael Augustus Gathercole,
the editor of the Churchman newspaper, who had been
ordered in contempt for disobeying an injunction that
had been granted against him. At the rising of the
Court,
Mr. JAMES RUSSSLL said he had a motion to make
for a committal for:contempt, but as the defendant had
given a counter notice of motion to dissolve the in-
junction, he would
_delay his motion till that was
brought on and disposed of. It is generally believed
that the reverend defendant will defend himself, and
that the whole matter is put off till the next motion
day.

QUEEN'S BENCH.-(THIS DAY.)
(Continued from our Afternoon Edition.)
THE BARON DE BODE V. THE QUEEN.

This was to traverse to an inquisition on a petition of
right, which was tried at bar. The verdict had been
given on the facts for the supplicant, bnt the statute
of limitations had been pleaded, and also that the
debt had not occurred during the reign of her present
Majesty. On these pleas a verdict had passed for the
Crown. The Solicitor-General had also on the first issue
requested the Court to put it to the jury whether a certain
specific sum had been paid by the Government of France
to that of England, in satisfaction of this claim of the
Baron de Bode. On this issue the jury found for the
Crown.
Mr. M. D. ; HILL now moved for a rule nisi to have
the first issue found for the suppliant, on the ground
that the question submitted to the jury did not arise
from the traverse to the inquisition, but from an allega-
tion in the petition with which the Court had nothing
to do. Also for a rule to enter up judgment
for the suppliant, notwithstanding the finding as to the
statute of limitations, and as to the fact of the debt hav-
ing: accrued in a former reign, inasmuch as the statute
of limitations did not apply to cases of petitions of right,
and that the fact of the debt having accrued in a former
reign, had nothing to do with the matter at issue.
The COURT granted the rule on all the paints.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commmission GOOLBURN.)
IN THE MATTER OF ROBERT BANNISTER, DRAPER, OF

PORTSEA.

The bankrupt, whose examination by Mr. E. James
we gave at length in our yesterday's paper, was this
Jay brought up for re-examination, and when asked
if he wished to add anything to his statement respect-
ing Williams, said that he had gone that morning up
to Oxford-street, and at the Boar and Castle recog-
nised the same waiter, who distinctly recollected
seeing him (the bankrupt) there with another person,
aid that person afterwards taking away goods from
the room they occupied. The waiter was then in
Court, if his Honour would examine him.
Mr. E. JAMES submitted that on the face of that
case the answers of the bankrupt bad not been satis-
factory, and that therefore his Honour, in the exercise
of his duty, should give him into the custody of a
messenger of that Court. He thought that on looking
at the whole of the examination the story bore inter-
nal evidence of having been fictitiously concocted,
and he (Mr. James) was as certain that the person
Williams was an ideal personage, as that the name
Williamson, in which parcels of goods were sold, was
a name adopted for the occasion. The Learned
Counsel then recapitulated the main features of the
case, and contended that the whole account was just
such a one as a man inventing a plausible story would
relate. It was laid down in Blackstone, that a
general answer by a bankrupt that he lost, by selling
goods under prime cost, was perfectly unsatisfactory.
In his first item he specified goods sold to Moses and
Son of the value of 1,0401., but when closely pressed
he is forced to admit that he did not sell more than
7501. worth, thus saddling himself with a sum of
about 3001. Looking at the whole circumstances
under which the bankrupt stood before the Court, he
thought that his Honour would be but doing simple
justice between the creditors and the bankrupt by
ordering his committal into custody.
Mr. LUCAS, in replying for the bankrupt, contended
that some limit should be applied to the term unsatis-
, factory. It was well known that in the trade there
were goods known as "job goods," which were fre-
quently sold at half their value ; and, according to the
bankrupt's own statement, he met this man Williams,
who assisted him to dispose of such. The bankrupt
had affirmed the truth of that transaction upon oath,
and his Learned Friend Mr. James could only assert
that it was fictitious.
Mr. Commissioner GOULBU RN reminded the Learned
Counsel that he was not there to argue the question
of fact, but whether the answer of the bankrupt to a
certain question, or the whole tenor of his examina-
tion, was satisfactory.
Mr. LUCAS thought the very best test of the satis-
factory nature of the bankrupt's answer was its truth.
All that they were to inquire was, was there any-
thing inconsistent on the face of his statement with
what might have happened ? He thought that his
answers had been entirely consistent, and he thought
also that the Court would feel convinced that they
might have had their origin in the truth, and that
therefore it could not exercise the extreme jurisdic-
tion sought for by Mr. James.
Mr. Commissioner GOULBURN said that the case
had not occupied more time than its importance de-
served or demanded. The case was somewhat out of
the ordinary course in all its parts, and it would
therefore, he thought, be the proper course for him
briefly to review the whole proceedings. The facts
were these, and they were very extraordinary. It
appeared that he had commenced business with a
capital of 7221., and increJible as it might seem, be
in four months— the period which elapsed from the
commencement of his business till the date of his fiat—
he had obtainedgoods to the amount of 17,03:3/. Os. 11d.,
and this, too, at a time when he was leading a most
infamous and profligate life; to use his own words—in
saloons, and theatres, and similar places—at a time
when he had depits in different parts of the country,
in Southampton, in Derby, and other places, for the
the Thefi
namely, bankrupt,
tiot
gaeptperalodf, hthaedsebguot
odonse,
purpose of disposing of these goods to any person and
objectrst,
at an
y fromprice.
and then to enjoy in some foreign clime the amount
received in this fraudulent manner
; but by the
activity of his creditors—and especially was praise
due to Mr. Quilton—he was captured in the island of
Madeira, and brought back to this country. But the
question was, were the answers given by the bankrupt
sufficient to satisfy any reasonable person ? Was it
altogether, he would ask, out of the range of probabi-
lity that this story of the bankrupt was true. He
met, it appeared by his own statement, this person,
whom he had formerly known, and his wicked pur
pose—for it was nothing else—being uppermost in
his mind, he said at once to 'Williams, " Can you sell
some goods for me ?" He answered, " I can. He
(the Learned Commissioner) did not find the state-
ment so grossly improbable that he could commit the
bankrupt to prison, from which he could not perhaps
get free unless by perjuring himself—taking it for
granted that the present story were true. But then
this other question arose, what was to be done with
him ? He had kept no books, his accounts were made
up from memery and wholly unsatisfactory. He

would, taking all circumstances into consioeration,
adjourn the further hearing of the case sine die.
Mr. REID, solicitor for the creditor under the fiat,
in reference to the credit given so readily to the
bankrupt, said that the bankrupts were in very ex-
cellent repute in Derby, and their accounts were well
kept up with the highly respectable house of Phillips,
of Manchester, which recommended him to other
houses in the trade. It was impossible for them to
know of his irregular proceedings in London, and
therefore it was that credit was given to the amount
stated in these proceedings. He then mane an applica-
tion under the 32d and 35th section of the sth and 6th
Victoria, e. 120, which orders, that where the bankrupt
has removed, concealed, or embezzled goods to the
amount of 101., he shall be prosecuted by the assignees
in the Criminal Court. _

Mr. Commissioner GOULBURN—You may take the
order. I think this a most proper case in which to
put the Act of Parliament in force, and punish the
bankrupt.

TIIE NEW JUDGE.-Mr. Erle was this morning
sworn in heron the Lord Chancellor as one of the judges
of the Court of Common Pleas, after having gone
through the ceremony of being made a sergeant-at-law.
He was introduced by Mr. Sergeant Wilde and Mr. Ser-
geant Talfourd. The Learned Judge afterwards pro-
ceeded into the other Courts, and went through the usual
formalities. The Learned Judge will take his seat in
Court to-morrow morning.