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

LAW INTELLIGENCE.

COURT OF BANKRUPTCY, Oct. 16.
(Before Commissioner Sir C. F. Wu.LlAms.)
IN RE F. W. N. BAYLBY.

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. Wn.thms—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 shallibe 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.
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—lf 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. WILLIA.ms—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. WILLIAMS—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. WILLIA3IB—My first objeet—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 be had consented to do ; 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 upon 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 came
he here ?

Mr. Bayley—l obtained the protection of the Court,
and my detaining credidors agreed to my discharge.
Sir C. F. WILLIAMS—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 30/.,
upon the faith of his, 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
a 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 not
even tell me of his " whereabouts," and even the pro-
prietor himself repudiated all knowledge of him.
Mr. Bayley—My editorship, Sir, ceased in January,
it is true ; but still I was to be paid for such contribu-
tions as might be used. It is a common practice at
newspapers to draw cheques for salaries, and hand them
over to other parties. Addressing himself to the last
opposing creditor; the insolvent asked him if he did not
know that he had been in Dublin during the trial of Mr.
O'Connell ? TheCreditor--I know nothing at all about
it except what you now say.
It was ultimutely Jrdered that the petition should not
be dismissed, but that no day should be fixed for the
" final" order, which would secure the insolvent's cre-
ditors.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERKEA WELL.

Yesterday an elderly gentleman, of gigantic frame
and stature, named Joshua Wilson, who described
himself as a captain in the Royal Navy, was charged
with assaulting and threatening to murder Mr.
Richard White, a pianoforte-manufacturer, residing
in Woburn-buildings, Woburn-square.
The complainant deposed that the defendant had
been lodging in his house for some years, but latterly
becoming very turbulent, and getting into arrears of

rent, Mrs. White did not send him up the kettle of
boiling water for breakfast on Sunday morning.
When witness returned home from church, hearing
this had not been done, he at once sent the servant up
stairs with it ; but the captain, after abusing the ser-
vant in unmeasured language, ordered her to take it
down stairs instantly. Witness then went up and
said, " Well, Captain, what a strange sort of man
you are ; out of compassion, I sent up the kettle to
you." The captain immediately started up, and rub-
bing his forehead very hard with his hand, exclaimed,
" You will make me do something very terrible."
Witness replied that he ought not to be going on so;
upon which the prisoner seized him in a violent manner
by, the shoulders. Witness ran between his legs. The cap-
tain's spectacles dropped off, whereupon he commanded
witnessto take them up ; being a good deal alarmed, he
did so, and placedithem on the drawers. Some other
scuffles ensued between the parties, and the captain
finally expelled the pianoforte-maker.
After some conversation between the magistrate
and the captain, he was ordered to pay 10s.
The captain—l have not got a farthing in my pocket.
Mr. COMBE again asked him if he would leave the
premises on that day, but still persisting in refusal,
the magistrate said ho must commit him for a week.
Captain Wilson, on his way to the cell, exclaimed,
" And is this the way a veteran officer, who has
served his country for sixty years, is to be treated ?"
He was, however, liberated in a few hours after, the
fine and costs having been paid by one of his friends.
UNION-HALL.

HIGHWAY ROBBERY NEAR THE VICTORIA
THEATRE.—Two powerful-looking young fellows,
named Charles Byford and George Williams, alias
Luxton, w're brought before Mr. Traill, charged with
'robbing Mr. Charles Powerie, a grocer and cheese-
monger, of Camberwell, of a knife and comb.
Prosecutor stated that about 11 o'clock last night
he was passing the Victoria Theatre, in the Water-
loo-road, and when near the Victoria Tavern he was
accosted by Byford, who asked him whether his
name was Jones. He replied in the affirmative,
thinking that it was merely a lark, when, to his
surprise, Byford seized his hands, while Wil-
liams put his hand in his left-hand pocket, which
fortunately contained only his comb and knife.
They then wanted him to enter the public-
house and partake of a pot of beer, which
he declined. They then attempted to have
a dip in his other pockets, when he broke away from
them and went in search of a policeman. He met 140
L in IVebber• street, to whom he related the circum-
stances ; they then returned to the public-house,
when he gave the prisoners into custody. He in-
formed the magistrates that if they had succeeded in
emptying his right hand pocket, they would have
had a good haul, as he had twenty sovereigns depo-
sited there.

By ford denied ever seeing the prosecutor before.
Williams said that he was in the public-house, wait-
ing for a gentleman, when the policeman entered and
took him into custody.
Mr. Powerie said that the latter prisoner was the
man that put his hand in his pocket, and Byford held
his hands. He was quite certain they were the men.
Mr. TRAIL asked whether the prisoners were known'?
—Coombs, 94 L, said that Byford was convicted at
this court on the 21st of August last, for picking
pockets at Camberwell fair. 'Williams, whose real
name was Boatwright, he knew to be an associate
with thieves of the worst description.
Mr. TRAILL inquired whether there was any per-
son who saw the prisoners surround the prosecutor ?
Mr. Powerie said that two lads witnessed the whole
of the transaction. They promised to attend the
court this morning.'
Mr. TRAILL said that he believed Williams had
been convicted before for a similar affair. He re-
quested the officer to institute inquiries respecting
him. For that purpose, and the production of wit-
nesses, he should remand the prisoners until to-
morrow (this day).—They were accordingly remanded.