The Sun.
London, England, 1844-10-17 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY, Oct. 16.
(Before Commissioner Sir C. F. WILLIAMS.)
IN RE F. W. N. BAYLEY.

Sir C. F. WILLIAMS—And I now hold in my hands an
agreement for allowing him time to pay creditors to the
amount of hundreds.

Mr. Bayley-4f your Honour will only afford me a
little delay, I have very sanguine hopes that I shall have
no necessity to trouble the Court again.
Sir C. F. WILLIAMS—I can see no objection to so rea-
sonable a proposition, particularly as its tendency is likely
to be for the benefit of the creditors.

One of the solicitors referred to, sharply said that the
Court had no power to grant any delay.
Sir C. F. WILLIADIS—At present I do not dismiss the
petition, neither do I grant the insolvent's application;
my anxiety is invariably for the benefit of the creditors,
while, at the same time, I shall never press with unne-
cessary severity upon an insolvent ; but I shall never
permit myself to be told (and that, too, all but rudely)
in this Court that I have no power to grant " delay," if
I should think the circumstances of the case are such as
to justify it.
Mr. Lewis (for a creditor) had no objection to the de-
lay prayed for, if the insolvent were remitted back to
custody, for even at the end of a week or a fortnight he
might, like a great many others, be non est inventus.
Sir C. F. WILLIAMS—But here are creditors to a large
amount agreeing to his discharge, and your two paltry
251. debts shall not prevent,. this man from having the
benefit of a short delay.
Mr. Lewis—But, Sir, the debt of 6001. is disputed by
the insolvent in his schedule, and we have no proof that
such a debt ever really existed.
Sir C. F. WILLIAMS—Then you can call the party.
Mr. Bayley—l came here, Sir Charles, to face my cre-
ditors, and with a determination to pay them as soon as
I possibly can ; and the great majority of my detaining
creditors have all agreed to my discharge. Besides, I
respectfully submit that now being out of custody, you
cannot send me back to prison.
A Creditor (Mr. Reynolds)—l am a detaining creditor
for 1861., and I have signed his discharge.
Sir C. F. WILLIAms—My first object is the protection
of the creditors, and when I do my duty to them, I shall
always listen with indulgence, and at the same time with
firmness, to the application of an unfortunate insolvent.
Opposition may sometimes be very proper, but at other
times very injudicious ; and in this case I shall pro-
nounce no opinion. It has been objected to the insol-
vent that he did not pay over the 501. a year which upon
a former occasion he had consented to do i • but the in-
solvent's answer to that was, that the offer was made
when he was editor of the Illustrated London News, but
after a short time that was, to use his own peculiar ex-
pression, carried away from him. Thus, being stripped
of his situation, he had not the means of fulfilling his
promise, and common sense, common law, and common
equity released him from its fulfilment, and I shall exert
the powers which are conferred upoa me by the statute.
Mr. Lewis—But, Sir, he was in custody, and the sta-
tute, I contend, gives you the power of remanding him.
Sir C. F. WILLIAms—He is now here, and how et:me
he here ?

Mr. Bayley—l_ Atained the protection of the Court,
and my dPtainirAg credidors agreed to my discharge.
Sir C. F. WlLLrAms—Then I shall not remand him.

Another creditor here said he wished to be heard in
opposition to the insolvent, to whom he had lent 301.,
' upon the faith of h:s giving up a portion of his salary
upon the Illustrated London News, and that, too, at the
very period when he had not been connected with it for
month. I used to cash cheques for him at five guineas
a week, some of which were paid ; but when I latterly
Applied at the office, the cashier (Mr. Little) could nut
even tell me of his whereabouts," and even the pro.
prietor himself repudiated nil knowledge of him.
Mr. Bayley—My editorship, Sir, ceased in January,
it is true ; but still I was to be paid for such contribu-
ions as might he used. It is a common practice at
newspapers to draw cheques for salarie3, and hand them
over to other parties. Addressing himself to the last
vposing creditor, the insolvent asked him if he did not
know that he had bee❑ in Dublin during the trial of 11r.
O'Connell ? The Creditor—l know nothing at all about
.t except what you now say.
It was utimutely ordered that the petition should not
he dismissed, but that no day should be fixed for the
" final" order, which would secure the insolvent's ere-
ditors.

POLICE INTELLIGENCE.
(YESTERDAY.)
GUILDHALL.

John Henderson and Charles Mortimer were placed
before Mr. Alderman Kelly, charged with having
tried to utter a forged cheque for 401. at the banking-
house of Stone, Martins, and Stone, 68, Lombard-
street.
Messrs. Bush and Muliens, solicitors to the Bank
Protection Society, appeared to prosecute ; and Mr.
Woolf, from the office of Flower and Co., Hatton-
garden, attended for the prisoners.
Mr. Mullens having briefly opened the case, pro-
ceeded to call witnesses.
George Murden examined—Was employed at
The Sun newspaper-office. Knew the prisoner Mor-
timer, who was employed by Mr. Ridgway, book-
seller, Piccadilly. He (Mortimer) was obliged to be
at The Sun office every evening, and thus witness
knew him. Witness was requested by the prisoner,
yesterday evening, to present a cheque for 401. at
the bank of Stone, Martins, and Stone, in Lombard-
street, and get six 51. notes and ten sove-
reigns in change. If any doubts were raised he
was to show the accompanying letter. The cheque
he said had been received from his brother-in-law,
John Henderson, but as he (Mortimer) could not get
into the City in time, he asked witness to get it cashed
for him. After presenting the cheque, two con-
stables were sent back to The Sun office with him,
and he found Mortimer there. Witness said,
" Charlie, how about this cheque ?" and he replied,
addressing the constable, that his brother-in-law gave
it to him, and then they all walked over to No. 3,
Burleigh-street, where the prisoner lived. Henderson
came down, and one of.the constables said there was
a bother about the -cheque. Henderson said there
must be some mistake then; he had received the
cheque of a gentleman last Saturday, for payment of
some bets on the "Derby." They then got into a cab,
and were driven to the station-house..

By Mr. Woolf—He had known Mortimer for

four or five years, and always believed him an honest
young man. Mortimer did everything connected
with this transaction openly, and had told witness
from the first that he had received the cheque from
his brother-in-law.

Mr. William Sangier, from the bank of Stone,
Martins, and Co., said, tisat Mr. C. Stokes, whose name
was affixed to the cheque, was a customer of theirs,
but the signature did not at all resemble his, and
the imposture was therefore at once detected.
Mr. Charles W. Stokes said that he did, some time
ago, reside at the Morley Hotel, Charing-cross, where
the prisoner Henderson was a waiter. He had heques
similar to the one produced in his pocket-book, which
were often left upon his dressing-table.
By Mr. Woolf—The other servants of the esta-
blishment had equal access with the prisoner to his
room.

Mr. Woolf contended that there was no tittle of
evidence against the prisoner Mortimer, who had
from the first acted in such a way as clearly showed
that he could have no guilty knowledge of this trans-
action. His employer, Mr. Ridgway, was in court,
and would state to the magistrates in what estimation
the prisoner was held.
Mr. Ridgway said that he had attended closely to
the case, and so satisfied was he of the young man's
innocence, that he would still retain him in his em-
ployment. He was frequently entrusted by him
with large sums, and he had ever found him trust-
worthy.
Finally, the case was remanded till Saturday, and
Mortimer was admitted to bail, Mr. Ridgway and Mr.
Young, of 112, Strand, being his sureties,, in 1001.
each. _ _

Alderman LUCAS remarked that the very fact, that
two gentlemen of such respectability having so wil-
lingly offered themselves as sureties in such amounts,
spoke volumes in the young man's favour.
Henderson was then reconducted to the cell, and
Mortimer discharged for the time being.

The insolvent is the well-known author of several
popular songs, and as being a general contributor of the
lighter species of literary articles to the different pe-
riodicals as well as certain of the newspapers of the day.
He this day came up for his interim order, having pre-
viously petitioned the Court, and consequently been dis-
charged from custody. He was described as an author,
and residing at Nelson-square. His debts and lia-
bilities were stated to be 4,323 L, and his assets 3841., but
he observed that his real debts were only 7501.
After some preliminary conversation,
Mr. Bayley said, as he had no Counsel :present, he
trusted that he might be allowed to make a proposition
to the Court, and perhaps the Learned Commissioner
might have heard of his name before.
Mr. Lewis (a solicitor)—The insolvent was in this
Court before, and made a proposition to pay 50/. a
year, but from that day to this his creditors have never
received a farthing.
Sir C. F. WILLIAMS—Then I shall take care not to be
deluded.
Mr. Bayley—My former proposition was that of the
Learned Commissioner (Evans), and I acquiesced in it,
but that depended upon the contingency of my engage-
ment at the Illustrated London News. I wish, Sir
Charles, to pay all my just debts, and I therefore pro-
pose to pay five guineas a-week up to the Ist of Juno
next, and from that period ten guineas a-week until my
debts are entirely liquidated ; and from recent circum-
stances, I have every reason to hope that I shalllbe able
to fulfil my promise.
Sir C. F. WILLIAMS —Are there any other creditors of
the insolvent here, who wish to oppose his application?
Two solicitors here started up for their respective
clients, and both of whom said, almost in the same breath,
that they opposed for clients, to each of whom the sum
of 251. or 261. was due.