The Sun.
London, England, 1850-09-24 00:00:00

IN RE MATTHEW BATTON.

The bankrupt was a cattle-dealer at Newbury,
Berk!". His debts are about 1,6001. ; his assets 1751.
This was an adjourned last examination meeting.. Mr.
Lowrance supported ; Mr. Lucas opposed. Ulti-
mately an adjournment was again ordered, that the
bankrupt might show the manner in which a sum of
1,300/. had been disbursed.

INSOLVENT Di 2;13 FORS' COURT, SO. 23.
(Before the CIVEF COMMISSIONER.)
IN RE GILMORE BARTCHAELL.

This insolvent, a young man who has held the rank
of First-Lieutenant in the Royal Artillery, was op-
posed by Mr. Dowse, on his application to be dis-
charged, on the part of Aar. Gregory, upholsterer, in
Regent-street. Mr. Atkinson, of the firm of Messrs.
Atkinson, the perfumers, of Old Bond .street, ap-
peared in person. Mr. Cooke supported.
The complaint on the part of Mr. Gieg,ory was
fraud. The insolvent became of age in January last.
The aggregate amount of his debts and liabilities ex.
teed 4,0001., but his bona fide debts were under
1,200/. his bill transactions with discounters had
been considerable, and his present debts, without con-
sideration arising on bilD, were 1,348/. His insol-
vency was attributed to not having kept his expendi-
ture within his income, and to having fallen into the
hands of bill discounters. There was nothing for his
creditors beyond a debt of honour from a Captain
Fitzroy, now in Sydney.
It appeared that on the 16th January last the in-
solvent quitted the service, and on the 29th of the
same month paid a visit to the establishment of Mr.
Gregory, when he saw Mr. Smith, the foreman. At
that time he owed Mr. Gregory an account of 261.,
and proposed to Smith to give a cheque on Messrs.
Cox and Greenwood for 361. and to receive the diffe-
rence. Mr. Smith had only a 201. cheque in his pos-
session, which he gave to the insolvent, and be handed
to him his cheque for 461., which he told him not to
present until the following Saturday. When the
cheque was presented there were no effects, and it was
communicated that the drawer of the cheque was no
longer in the Artillery. In a few days afterwards the
insolvent sent for Mr. Smith to the Queen's Prison,
to which place he had been taken on the 6th February,
on a judge's order. Nothing had been obtained on
account of the cheque. Smith was cross-examined
with the view to show that the insolvent had told him
that he bad no money at his bankers' before he gave
him the cheque, but he denied the allegation. The in-
solvent, however, positively declared that he had made
the statement before he obtained the cheque in return.
He expected to have had some money paid into Cox
and Greenwood's by a Captain Fitzroy, who had pro-
mised to make him a remittance from Sydney; it had,
however, not arrived.
Mr. Atkinson stated that the insolvent owed his
firm 41. 17s. 6la and on the 4th of February handed
aoh que for 101. on Cox and Greenwood, and re-
ceived the difference. One cf his assistants, who was
not present, paid the money to the insolvent.
The CRIEF COMMISSIONER said there was not
proper evidence before the Court.
Mr. Atkinson said he hail appeared, as he consi-
dered it a swindling transaction.
The insolvent, on his examination by his own
counsel, stated that he had got into the hands of bill-
discounters when under age. They came to the bar-
racks, and off;?red to lend money, and officers gave
their bills, getting some money and jewellery. He
gut a " discount watch" for 251., which was only
worth 41., and other articles were charged for in
the same manner. He had no idea of his arrest on
one of the bills, as the party had invited him to
break east.

Mr. Dowse urged a case of fraud against the in-
solvent. At all events, when he gave the cheque, he
could have had no reasonable expectation of paying the
debt he had contracted.
Mr. COOKE addressed the court with till viaw to
save the insolvent from a judgment for fraud. He said
he had been ruined by bill discounters.
The Curer COMMISSIONEU was of opinion that the
case of Mr. Gregory way not so specially proved as to
call upon him to give a judgment for fraud. It was,
undoubtedly, a case of contracting a debt without
reasonable means of payment, and he adjudged the
insolvent from the vesting order to an imprisonment
of five calendar months.