The Sun.
London, England, 1844-03-04 00:00:00

LAW INTELLIGENCE.
INSOLVENT DEBTORS' COURT, March 2.
IN THE MATTER OF LOUIS AUGUSTE DIEUDONNE ALIAS

LEON D'ARNAY.

The insolvent had been an extensive corn-factor and
Government contractor at Nevas, in France, which place
he suddenly left in June, 1812, and came to this country,
bringing with him, as he admitted, 3,6001. in money.
He owed in France upwards of 13,0001., which now
appeared on the schedule, and his debts in the aggregate
were set forth at 19,5861. He had 2,032/. owing to him,
and alleged that he had left property in France which
had been seized by the syndic under his bankruptcy, and
would pay the creditors 25 per cent. on their claims.
Soon after his departure he was declared a bankrupt par
contumace, and had been condemned to the galleys for
twenty years as a fraudulent bankrupt. He had been
in this country in partnership in the business of an
Italian warehouseman, and had latterly resided in New-
man-street, Oxford-street, assuming, during his sojourn
in England, the name of Leon D'Arnay. Some negotia-
tions at an arrangement had been made with his cre-
ditors without success, and in October last he was
arrested on a judge's order as a person about to abscond
from the country. He had been in the Queen's
Prison, and on the present occasion, having appeared
before the Court last February, came up for adjudication.
He had been a bill discounter in Newman-street.

Mr. Cresswell opposed for M. Jacquinot, a banker at
Nevus, and three other creditors resident in France.
Mr. Cooke, with whom was Mr. Woodruffe, were for the
insolvent. _ _ _

The principal ground of opposition was the disposition
of nearly 4,0001. of money in less than two years; and
it was alleged that he had either concealed or made
away with the same. He set forth that he had made
certain payments, on his way to England, to some of his
creditors, and had remitted other sums, respecting which
some certificatepsrlorpeoresepdrtoedrirmicedo,fanarrd
aenvigdeemnceentwlaysithgiven
sp his
crreedeiteotrins.g hTishere were several sums detailed in the
schedule as advances to persons in " discounts," and the
question involved was, whether this Court could take
cognizance of the disposition of property which belonged
to the bankruptcy in France, and had been brought away
from the creditors residing in that country.
Mr . Commissioner PoLLocx, in pronouncing judgment,
said, in this case, which was certainly one of no inconsider-
able importance, he had to administer the law respecting
insolvent debtors on a person who was opposed by
creditors whose debts were contracted in France. He
laid down the principle that he had nothing to do with
the insolvent's conduct in France, but he had a right to
investigate the circumstances connected with the dispo-
sition of a large sum in this country, and respecting
which his creditors now complained. The Learned
Commissioner commented on the manner in which the
insolvent had disposed of his money, which was a frau-
dulent disposition with regard to his creditors, and for
which disposition he remanded him from his vesting
order for a period of twelve calendar months.

ASSIZE INTELLIGENCE.

HOME ClRCUlT.—Hertford, March 1.

CROWN COURT.—(Before Mr. Baron ALDERSON.)
Magaret M'Connell, 25, was indicted for feloniously
uttering at the parish of Tring, a certain pass of a dis-
charged prisoner, or order for the payment of money
with intent to defraud the guardians of the poor of
that union, well knowing the same to be forged and
counterfeit, and Constance Scott, 44, was charged with
counselling and procuring the other prisoner to commit
the felony.
Mr. Thesiger, with whom was Mr. Ogle, conducted
the prosecution on behalf of the Crown, and Mr. W.
Payne and Mr. Charnock appeared for the prisoner.
4r. THESIGER addressed the jury, and from the
statement of the Learned Counsel and the evidence ad-
duced to support it, it appeared that on the Ist of De-
cember the prisoner, M'Connell, went to the house of
Mr. Blake, the relieving officer, at Tring, and presented
a pass, which purported to be signed by two justices of
the borough of Sandwich, and which represented that
the prisoner, her husband, and eight children, had re-
ceived the pass in question on their discharge from
gaol, and that they were on their way home, and were
entitled to a sum of elevenpence a mile. Mr. Blake
having some suspicion that all was not right, questioned
the prisoner relative to her husband and the children,
when she at first told him that he was very ill of fever,
and that he had gone on the road in a waggon, but she
afterwards said that he was drunk, and told many
other contradictory statements, which eventually induced
the relieving officer to have her taken into custody. The
prisoner Scott was in company with McConnell in the
town, and was seen to be watching outside the house
when the pass was presented, and she was also taken
into custody, and while being conveyed to gaol she
told the constable that she knew the pass was
forged, and that she was present when a man named
Stewart, wrote it out in Buckeridge-street, St. Giles's,
and that he had accompanied them to Tring, which was
the first town where they presented it. There was very
little doubt that the prisoners were part of the London
gang of begging-letter impostors, and that but for their
ingenious plan of fraud being nipped in the bud, they
would have made a tour all through the country, plun-
dering every union as they passed along.
Mr. PAYNE took some technical objections to the in-
dictment, contending that the document in question
could not be viewed in the light of an order for the pay-
ment of money ; and. also, that it was not in the form
prescribed by the Act of Parliament.
Mr. Baron ALDERSON said the objections were worthy
of consideration, but he should not take upon himself to
stop the case.
Mr. PAYNE then addressed the jury, and observed that
he was instructed by the prisoner M'Connell, for whom
he appeared, to state that she was quite innocent of any
fraudulent intention, but, being in liquor, she was in-
duced by the other prisoner to present the pass. When
she was taken into custody she was placed in a solitary
cell for several days, and suffered a great deal from ill-
ness ; and when her sister went to see her, her head
was so much swelled that she could not recognise her.
all
mannerto
vubi
jury,
yh
hoby
yr forged,
innocence,argu contradictorymwhe no
,hlett‘
heefhharanei
Mr. Baron ALDERSON here interfered, and remarked
I
that this was really not matter of defence. What had a
big head to do with the question whether the prisoner
uttered the document, knowing it to be false and coun-
terfeit ? Counsel ought to exercise a little common
sense, and apply their address to the jury to the facts.
Here was a woman, who presented a pass ad-
mittedtt
stesnuioatfscuartui
aqnai
caytusmhleee,anilsar.ghhtentei
aaoenuo
hrlnnmtkdadsoeesdeuudhdnge,
turtle-
soup, rbh,
,wtoeol,
hauteaul
ocess-tti
it, and thus, instead of showing, or endeavouring to
hert
ai,sn
gwb heell ad
far
me
ha eete tdeu swelled.
bnthedifesor,
scbihs
vohoeeounorr:cstvi,oi
nattaenvhtireyt
havingt
ut
should be acquitted.
The Learned Counsel then made some further obser-
vatior. Baron ALDERSONnstothel h
on behalfaving summed up
o f his
Mr.
the case, the
jury immediately returned a verdict of Guilty.
Ilis LORDSHIP then said he entertained some doubt
whether the indictment could stand ; and, in order to
avoid the necessity of the prisoners remaining in gaol
until the ncxtupAossn themizes the,7the sentence objections
of t twaok en
years should
outd
turn out to be valid, upon consideration by the judges,
he would
pass im-
prisonment and hard labour ; and if the decision should
Lbe in their favour, they would then at once receive a
pardon, and be set at liberty.
William Budd, 39, and Richard Dennett, 21, two
athletic fellows, described as boatmen, were indicted for
a burglary, accompanied with violence, in the dwelling-
house of Elizabeth Field.
Mr. RYLAND stated the case for the prosecution, and
said that Elizabeth Field, the person named in the indict-
ment, lived with her niece in a lonely cottage in the
neighbourhood of Hemel Hempstead, and on the night of
the robbery they were observed by some men forcing
their way into the bed-room occupied by Mrs. Yield,
and they used considerable violence and took away
the money that was in the house. Mrs. Field,
upon the prisoners being taken into custody,
w their
re
copositivelymmittal,
Mtroa:
Field,thti who was
but
anelderly
woman, had died, and, therefore, he should be com-
pelled to put in her deposition, and have it read, and
under the circumstances it would be legal evidence. He
should also show that the prisoners were in the neigh-
bourhood of Hemel Hempstead on the night of the
robbery.
Mr. Baron ALDERSON inquired of the Learned Coun-
sel if there was any evidence to confirm the deposition
of the deceased person relative to the identity of the
prisoners ?
Mr. RYLAND said there was not. No persons were in
the house but Mrs. Field and her niece, and the latter
could not identify the prisoners.
Mr. Baron .ALDEasoN expressed his opinion, that un-
der these circumstances the case ought not to be proceeded
with. The deposition of the deceased person was un-
doubtedly legal evidence, but where it was entirely un-
corroborated, and where the question was one of identity,
which was almost always one of difficulty, he did not
think it would be safe to convict a party upon such tes-
timony ; for, although the witness might depose posi-
tively to the fact, it was very important that a prisoner
should have an opportunity, by cross-examination, of
testing his accuracy.
The jury said they perfectly concurred in the obser-
vations that had fallen from the Court, and as there was
no evidence to corroborate the deposition of the deceased,
they should feel it their duty to return a verdict of Not
guilty.

POLICE INTELLIGENCE.
(SATURDAY.)
GUILDHALL.
A careworn young man, of respectable appearance,
solicited the assistance of the magistrate, under the fol-
lowing circumstances: He had brought upon himself
the animosity of all the gamblers in the metropolis, bi
publishing a short pamphlet, entitled the " Gamester s
Warning." lie was lately attacked and assaulted on
Waterloo-bridge by strangers, who were, no doubt, in-
stigated by the individuals he had given offence to. He
had, since that, received an anonymous letter, which
clearly must have emanated from some of the parties he
had offended. It reminded him of the fate of Mr.
Weare, who gave offence to Thurtell and his compa
nions, and intimated that he was a marked man.
Mr. Alderman IlucnEs asked if he had published his
" Warning" upon his personal observance? The appli-
cant said he had. Ile had lost many thousands of
pounds at play.
The ALDERMAN asked if he had any means of tracing
the anonymous later to any individual? The applicant
(whose name did not transpire) said he had no proof,
but he suspected a person.
Mr. Alderman HUGHES said he could not assist him
until he could, in some way, identify the writer. At the
same time, he did not think that any real mischief was
contemplated. He should recommend him to keep the
letter, as it might turn out to be of importance if any
attack should be made on him, /he information he