The Sun.
London, England, 1844-10-18 00:00:00

LAW INTELLIGENCE.

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

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 4,3231, and his assets 384., 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 bo allowed to make a proposition
to the Court, and perhaps the Learned Commissioner
might. have heard of his name before.
10-.wis.(4 solicitor)-The insolvent was in this
Ciurr srul made 1 propositio to pay 50/. a
37:2:3,r, but from th4t k-',ay to riii3 his creditors have never
ret!Pivecl

C. F. Wit.Liami—Tho I shall tak,, care not to be
le!utioti.

Mr. 3e.viey—My former prop ition was that of the
Learned Commissioner (Evans), and I acquiesced in it,
but that depended upon the contingency of my engage-
!rent at the Illaxtritted London News. I wish, Sir
Charles, to pay all my juAt debts, and I therefore pro-
po,,e Iny gniiwas a-week up to the Ist of June
fro:n that period ten guineas a-week until my
dobts ar ? entirely liquidated ; and from recent circum-
stances, I have every reason to hope that I shall.be able
to fulfil my promise.
Sir C. F. Wn.Liams—Are there any other eredit,lrs of
the insolvent here, who wish to oppose his application?
Two ',;:dieitors here started up for their respective
anti both cj'‘vitorn almost in the same breath,
t;iey !t,, whom the gum
of 251. or 2a. wn dll
Sir C. F. .rirmue.ms--And I %ow hold in my han:i>. an
agreement for allowing him time to pay creditors to the
amount of hundreds.

Mr. Bayley—lf your Honour will only afford me a
littledeley, I have very sanguine hopes that I shall have
ou necessity to trouble the Couit again.
Sir C. F. lirmukats —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. WXLLIAMS—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 0. F. WILLIAMS—My first obieet 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. it year which upon
a former occasion he had consented to do ; but the in-
solvent's answer to that was, that the offer was wide
when he was editor of the illustrated London "Ways, but
after a short time thk 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
prooisa, and common sense. common law. and conunon
eciuitv released him front its fulfilment, and I shall exert
th't, p.owers which are conferred upon me by the statute.
Lewis-13nt, Sir, he was in enctorly, and the sta-
tute, I contend, gives you the power of remanding him.
Sir C. F. WILLWIS—He is now here, and how came
he here ?

Bayley—l obtained the protection of the Court,
and my detaining credidors agreed to my discharge.
Sir C. F. WILLIAII—Then I shell not remand him.
Another creditor liore said he wished to be heard in
opposition to the insolvent, to whom he bad lent 301.,
upon the faith OF his giving up a portion of his salary
upon the Illratrated Landon .f*ws, and that, too, at tha
very period when he had not been connected with it for
a month. I rued to cash cheques for him at five guineas
a week, some of which were paid ; tint when I latterly
applied at the office, the cashier (Mr. Little) could not
even tell me of his " whereahlits," and even the pro-
prietor himself repudiated all knowledge of him.
Mr. Bayley—My editorship. Sir, ceased in January,
it is.true ; hut still I was to be paid for such contribu-
tions a‘ might be used. It is a common practice at
newspapers to draw cheques for salaries, and band them
over to other purties. Addressing himself to the hzt
opposing creditor, the insolvent asked him if he did not
know that he had been in Dublin during the trial of Mr.
O'Connell ? The Creditor—l know nothing at all about
it except what you now say.
It was ultimately )rdered that the petition should not
be dismissed, but that no day should hi fixed for the
" Anal" order, which would secure the inAvent's cre-
ditors.

00Tontet 17.
IN THE MATTER OF RICHARD WILSON.

The insolvent, who applied by Mr. Hughes for his
final order, was opposed by Mr. Dawson, of St. Swithin's-
lane, on the ground of having fraudulently contracted
a debt with him, and being a trader at the time, thus
putting the case entirely out of the jurisdiction of that
Court.

The evidence adduced, which was of a somewhat ex-
traordinary character, in point of hard swearing on one
side or the other, went to show that Mr. Dawson had
advanced the insolvent a sum of 200/., under agreement,
to be paid within a month, with a further sum of 1001.,
by way of interest ; the said sum being required by the
insolvent to free him from incarceration, on account
of some interest on a mortgage to a third party. At
the expiration of a month, the borrower and
lender went down to Wolverhampton, to receive a sum
of 500 L, which the insolvent had represented was due to
him from an estate there, and out of which the sum ad-
vanced by Mr. Dawson, with the interest, was to be
paid ; when on the morning of' the intended settling, the
insolvent left without Mr. Dawson's knowledge, that
gentleman being informed by the landlady of the inn, in
answer to his inquiry if Mr. Wilson was stirring yet ?
" Stirring, Sir, Lor' he be gone an hour or more."
After some considerable wrangling on both sides,
Sir C. WILLIAMS said that he would examine the in-
solvent a little, and he having been sworn said, that so
far from his " levanting," as stated by Mr. Dawson,
that individual had actually walked arm in arm with him
to the coach, and had seen him off to London.
Mr. Dawson, emithatically—it's as. fdse as God
is true. _ _

Sir C. WILLIAMS, after remarking upon the extraordi-
nary evidence. said ho should much like, for his own
gratification, and for the exposure that seemed so much
wanted somewhere, that he could adjourn du- case for
the examination of witnesses on this point ; but as the
case was out of the jurisdictien of the Court, he could
only dismiss the petition.

POLICE INTYLLIGENCE.
(YESTERDAY.)
lif )111-STik*REt.

NIUNDER IN T STR.AND.—A young Mali, who
gave his name Thomas Stokes, but which our reporter
was given to understan,l was not his real name, tra-
veller to a lace-manufacturer at Honiton, NAAS brought
up before Mr. Hall, charged with the, wilful murder
of Onediah Garrett.

I Mr. Robinson appeared for the prisoner.
Charles Fox was the first witness examined, and.
he stated that he was a warehouseman in the service
of Messrs. Harvey and Co., silversmiths, in the
Strand. On the Ist of September last, at about nine
o'clock in the evening, he saw the prisoner standing
against the wall of Mr. Harvey's house, in Durham-
street. Witness told him to go a little lower down ;
and he (prisoner) sail, " What haw you to do with
it ?" The witness then went up the yard to fetch
the shutters for Messrs. thrvey s shop, and on his
return he saw the prisoner talking to the deceased.
The prisoner threw himself into a fighting attitude,
and said to the deceased, " I would do for twenty-
five such - as you." Witness did not hear the
deceased make any reply. The deceased came to-
wards witness, in the direction of the Salisbury Arms
public-house. The prisoner followed him, and laid
hold of his collar. He wanted the deceased to go
into the public-house, but the deceased said, " I will
have nothing to do with you." The prisoner then let
"Come, will you fight ?"he
go the deceased, and said,
deceased peplied, No, I will not have anything to do
with you; if there was a policeman here I would give
you in carge for committing a nuisance." The pri-
soner and the deceased were then standing on the
steps leading to the Salisbury Arms. The prisoner
seised the deceased with both hands by the collar,
and threw him violently down backwards, and fell on
the top of him. The prisoner said to the deceased,
"There, what do you think of that?" and he went into
the Salisbury Arms. The deceased was then lying
on the ground, and witness went and picked him up.
He was quite insensible. Witness bathed his temples,
and he came round a little, and said, " 1 am dying,"
and pointed to where the prisoner had gone. Witness
carried him into Messrs. Harvey's house, and he
became quite insensible. He died on Wednesday
afternoon.

Mr. George Powell, residing at No. 2, Durham-
street, corroborated the testimony of this witness.
Mr. Skegg, surgeon, residing in the Strand, stated
that he had attended the deceased since the accident.
He died on Wednesday afternoon. The cause of
death was concussion of the brain. The blow which
hP raPPivPd in the grufflp wi+h +ha