The Sun.
London, England, 1844-09-14 00:00:00

BANKRUPTS.

DANIEL DAVIES and HENRY DAVIES, road
contractors, Asylum-road, Old Kent-road, to surrender
Sept. 21, and Oct. 25, at eleven, at the Court of Bank-
ruptcy. Whitmore, official assignee, Basinghall-street ;
Yenning. Naylor, and Robins, Tokenhouse- yard. -
JAMES SIMPSON HOLMES, ship broker, Liver-
pool, Sept. 19, at one, and Oct. 9, at one, at the Liver-
pool Districteourt. Bird, official assignee, Liverpool ;
Vincent and Sherwood, Temple, London; Littledale and
Bardswell, Liverpool.
THOMAS JONES and JOHN JONES, soap-boilers,
Liverpool, Sept. 19, and Oct. 9, at one, at the Liverpool
District Court. Turner, official assignee, Liverpool ;
Cotterill, Throgmorton-street, London ; Fletcher and
Hull, Liverpool.

JOAN -SUGDEN and DAVID SUGDEN, fancy
cloth manufacturers, Springfield, Yorkshire, Sept. 25,
and Oct. 16, at eleven, at the Leeds District Court.
Fearne, official assignee ; Cumming, King-street, Cheap.
side, London ; Brook and Freeman, Huddersfield ;
pikes, Leeds.
INSOLVENT PETITIONS.

J. W. Bellia, clerk, Union-street, Bishopsgate-street
Within' Sept..l7, at twelve, at the Court of Bankruptcy.
Green, official assignee.
W. Forty, horse dealer, Upper Shughter, Gloucester-
shire, Sept. SO, at eleven, at the Bristol District Court.
Miller, official assignee.
W. Atherton, hatter, Wigan, Sept. 27, at one, at the
Manchester-District Court. Fraser, official assignee.
3... Marcroft, innkeeper, Rawmarsh, Yorkshire, Sept.
27,, at eleven, at the Leeds District Court. Fearne,
official assignee.
R. Routledge, blacksmith, Market Weighton, York-
shire, Sept. 27, at eleven, at the Leeds District Court.
Hope, official assignee.
T. Whartoii;labourer, Skipton, Yorkshire, Sept. 27,
at eleven, at the Leeds District Court. Hope, official
assignee.

J:Dean, hair.dresser, Halifax, Sept. 27, at eleven, at
the Leeds Disti let Court. Fearne, official assignee.
R. Bloore, fun., licensed victualler, Stoke-upon-Trent,
Sept. 24, atlialf-past twelve, at the Birmingham District
Court. Bittleston, official assignee.
H. Cope, coal higler, Radford, Nottinghamshire, Sept.
27, at eleven, at the Leeds District Court. Hope, official
assignee.

Mr. James, the barrister, appeared to support an
application for a warrant for the apprehension of
Jacques Besset, of 73, Fenchurch-street, merchant,
accused of fraudulent bankruptcy, under the con-
vention of the English and French Governments.
The Learned Counsel stated, that in pursuance of
the convention ratified between the two countries, a
warrant had been granted by Sir J. Graham, on the
application of the French Ambassador, authorisirig
the magistrates to govern themselves according to the
convention, and to sid and assist in apprehending the
accused. The evidence consisted of the depositions
taken in France, and copies of certain letters written
by Besset, and found in Paris at the house of one Regis
Germain, and the charge against him was fraudulent
bankruptcy. Jaques Besset was a Frenchman, who,
having failed for a large amount in France, came over
to England several years since, and established himself
in London. His agent in Paris in the present case
was Regis Germain, and his agent in London was
a De la Marcotelli, who carried on business here
under the firm of Pricener and Co. Besset abo
carried on business here under the firm of Pricener
and Co. Bessett also carried on business in London
in his own name. Both of those agents gave large
orders to different foreign houses for merchandise,
wines, silks, boots, perfumery, and other commodities.
They generally contrived to buy the goods to be de-
livered free of expense, and in order to pay for them
the London and Paris firms respectively drew upon each
other. The bills when due were, as a matter of course,
dishonoured; and ultimately the fraud was exposed.
Regis Germain, his clerk Baudon, and one De Lazy, a
partner or clerk of De la Marcotelli (or Pricener)
and Co., were arrested, and De la Marcotelli fled to
America, and had been made bankrupt in London ;-
hut in the possession of Regis Germain, in Paris, were
found certain !letters, in pencil, in his handwriting,
but with the signature of Besset, which completely
showed that Basset was the head, and Regis Germain
merely the instrument ; and that a regular and despe-
rate system of fraud had been practised by the parties.
From the documentary evidence which, by the treaty
of convention between the two countries, was suf-
ficient to sanction the proceedings against the accused,
it would appear, amongst other matters, that Besset
urged Regis Germain, while a bankrupt, and in em-
barrassed circumstances, to procure all the goods he
could prevail upon mercantile houses to trust him
with, and transmit them to London. 'The series of
depositions was certified under the hands of one
of the judges of the tribunal by whom the order
was issued. In France an accessory in such a case
was not known, for the persons who joined in the con-
spiracy to defraud were all considered as principals,
and the present application was made in order that
the accused might be, according to the terms of the
convention, sent over to France to answer for fraudu-
lent bankruptcy, an offence not known in England,
in which country there were acts denominated offences
which were not cognisable as such in the French code.
The Learned Counsel said he knew that when he
should make out a prima facie case under circum-
stances of such immense public importance, the Lord
Mayor would not hesitate to aid the authorities of
France by acting upon the warrant of the Secretary
of State.
Mr. Philip Antonie Matthiew, of Passy, near Paris,
stated that he was acquainted with the laws of France.
He produced certain papers signed by the Judge of the
Tribunal of the First Instance of the Department of
the Seine. The judge's name was Maussion.
Mr Humphery, who attended upon.the part of Mr.
Bessett, and stated at the early part of the procee4l-
- that he had advised his client not to notice the
summons which had been served upon him, said he
had no observation to make in answer to Mr. James's
charge ; it was all ex parte.
The LORD MAYOR—There can be no doubt that
the intent of the Act of Parliament was to facilitate
the granting of a warrant under similar circumstances,
but there may be some little doubt whether the words
of the Act strictly bear out the intent. The words
are, " Provided that this should be done only when
the commission of the crime should be so established
as that the laws of the country where the fugitive or
persons so accused should be found would justify his
apprehension and commitment for trial if the crime
had been there committed." Now, we know of no
such offence abstractedly as "fraudulent bankruptcy,"
and the difficulty which presents itself is simely
whether the offence charged should not be one which
is cognisable by our laws in order to give the magis- •
trates jurisdiction and power to commit to gaol.
Mr. James—lf that were the case, it would en-
tirely subvert the intention of the Legislature in pass-
ing the Act of Parliament. 1
Alderman GIIIIIS.--.lt appears to me that the of.:
MIDDLESEX SESSIONS. fence proved should be one upon which we have
(Before Mr. WALESR Y.) power to adjudicate here.
illarg-aret Taylor, aged 70, was indicted for steal- Mr. James —What -is the meaning of the term
ing nine yards of printed cotton, the property of John , " fraudulent bankruptcy" in the Act of Parliament?
Swann. The evidence against her was quite conclu- 'lt must either mean nothing at all, or that if a man
sive, and the jury found her guilty. It appeared that commit that crime in France which is known to their
she had been very recently convicted of a similar laws, and if discovered in this country, he should be-
offence. e
delivered over to the French authorities. We must',
The COURT sentiticed her to six months imprison- put a liberal meaning upon the Act, and thus carry
anent in the House of Correction. out the intention of the original framers of it.
John Ayres, Joseph Wentworth, and Thomas Cooke, The LORD MAY OR—I do not hesitate to grant a
were indicted for assaulting George Mason Pratt. warrant in such a case. I think lam perfectly jus-
Mr. Prendergast appeared on the part of the pro- tified in taking an extended and liberal view of the
aecution, and Mr. Payne for the prisoners. - Act of Parliament; for it is obvious what the inten-
It appeared from the statement of the witnesses tion of the Legislature was, although that intent
examined on the part of the prosecution, that the pro- may be somewhat mystically explained. I grant the
secutorut had served some legal notices on the prisoners' warrant, under all the circumstances.
mast p
the occupier of a farm at Willesden, and that The warrant was then put in the hands of Daniel
on the 22d of August last he was walking in a field Forrester, the officer.
In that neighbour d for the purpose of observing BOW-STREET.
whether an injunction
Court of
iinag:ltaindstthe removal of any pro-
perty from the faploy of Mr. Fairbrother, printer, No. 31, Bow-street,
mat by the prisoner Ayres,Tichloheinv
beeni obeyed, when he was
invited him to take was brought before Mr. Jardine, charged with having
part of a pint of beer, to assented and hay-
stolen 100/. in gold, the property of Mr. William
,
mg been joined by the other two prisoners, they all Cunningham.
adjourned for that purpose to a -neighbouring beer- age, She did not appear more than fourteen years of
shop. They proceeded together along
the towing of about 200 and cried bitterly.
pith of the Paddington Canal, a distance It appears that Mr. Cunningham rents the top
yards, and when they came to a deep part of the
1 res suddenly floor of the. house occupied by Mr. Fairbrother,
assisted by
canal, near Old Oak Common-bridge, A-. and on Friday morning; at a quarter to nine o'clock;
seised prosecutor by the middle, and,his wife missed a purse containing 1001. in soya-
Wentworth, threw him into the canal. While he was reigns, from a drawer in her bureau in her chamber.
struggling in the 'water, Cooke, the third prisoner, Information was immediately given at the police-
Laid himself down on the towing path, and caught office in Bow-street, and in the afternoon constable
bold of him and pulled him ashore. The prisoners
the other domestics
ocock, of the I' division, proceeded to the house,
and asked some questions of the prisoner, as well as
then ran away.
The jury returned a verdict of Guilty against Ayres She repeatedly declared she had
not touched the Money, and left the room crying.
NA Wentworth, and acquitted Cooke. While
' Fairbrother),the offier was talking with her master (Mr.
The Learned JUDGE, in passing sentence, said there
cotton hangin she returned with a small bag of printed
could be no doubt that the prisoners had been insti-
leovheadr herfo finger, and handed it to Po-
gated by their employer, Mr. Davis, to act in the cock, saying
opening it and countinund. it in the water-closet. On
manner they had done, and, therefore, he should pass
ten
shfliiint, it was found to contain
a very lenient sentence upon them, viz., that they be 1001. 10s., being
imprisoned one month in the House of Correction, On
gs. more than Mrs. Cun-
inthiesspeudr. se, out of which the money had
wad there kept to hard labour, and that they do also Pocock found going to the water-closet
ie was sworn to by Mr. Cun-
enter into their hard
l
in '2Ol. each toand h* ii '
Jgei3_p the peace for the next twelve months. been emptied, w
ningham.
Yesterday an ill-looking man, about 35 years of The
sge. named Wm. Patten, and a female named Ann'
• than that she had found the money in the water-
Webb, were indicted for assaulting and cruelly ill- ' 1 closet while cleaning it out.
beating Wm. Peten, aged seven years, the son of the Mr. JARDINE remanded her for further examination.
former prisoner.
The 1 John Flowers, a respectable looking man, was charged
prosecution, which was in-fituted at the• in- before Mr. Jardine, on suspicion of being concerned with
stance of the parishauthorities• '
, disclosed as heartless , other parties, in