The Sun.
London, England, 1828-03-21 00:00:00

INSOLVENT DEBTORS' COURT.

Stephen Martin Saxby was opposed by Mr.
HEATH on the part of the General Steam Naviga-
tion Company, on the ground of not having pro-
perly accounted for certain sums of money, which
he had received while acting as a clerk in their em-
ployment.
Roger Conway, an accountant in the Office of the
General Steam Navigation Company, deposed that
he knew the prisoner's hand-writing, and in the Cap-
tain's log book there was an interlineation in the
prisoner's writing, of 33/. 6s. Id. There was also
another item of 36/. 16s. Id.; and by the general
cash book it appeared that only the latter sum had
been paid over.
John Brown stated that the insolvent was the
first clerk for the settlement of the Captains' logs,
and it was his duty to pay over the money received
from the Captains to a Mr. Davison (who was not
present in Court), who kept the cash accounts.
Captain Major, of the Belfast, was then called,
and he proved that he had paid both the sums stated,
and had paid the 331.65. Id. prior to the 36/.165. Id.,
the latter being the sum for'which credit was given
to him, while there was an item in the books, stating
that he still owed the 331.65. ld.

Mr. Brown was here recalled, and produced the
cash or banker's-book. He was examined as to an
item in the hand-writing of the prisoner, crediting
Captain Howlett, of the Sir Edward Bankes steam-
vessel, with the two sums of 2851. and 1/.95. Bd. on
the 28th of April, while in the cash-book there was
entered to the credit. of Captain Howlett on that
day, only the sum of 195/., both entries being in the
hand-writing of the insolvent.
On his cross-examination by Mr. Coox, who ap-
peared for the insolvent, he said, the captains did not
always pay the whole proceeds of a voyage in one
sum. Captain Howlett arrived on the 28th of
April, from Hamburgh, and he had not to leave
London again until the 17th of May. Mr. Delvalle,
the Company's agent, at Hamburgh, had transmitted
the sum of 195/., by Captain Howlett, which was
Part of the sum of 285/. for which the insolvent had
given him credit. There was also credit given to
Captain Howlett by the prisoner, for a sum of 271.
on the same day; also for a sum of 91. on the 29th
of April. There was credit also for the further sum
of 39/. 195.; and for 14/., but this last sum had
nothing to do with it.
Mr. HEATH said, that upon the whole sum of
285/. there was only a deficiency of 22/.
Mr. COOK contended there was no deficiency, and
that the sum of 14/. was part of the whole sum of
2851.

Mr. HEATH was about to go into the items, when
Mr. COOK said, that the insolvent could prove,
if he had access to the accounts, that there was not
a single farthing deficient; and he, therefore, pro-
posed, as the whole case was a matter of accouut,
that it should be referred to Mr. Dance, who would
examine the insolvent and the books also.

Mr. HEATH said, that the Company would be
glad if the insolvent could prove that it originated in
mistake; and he, therefore, acceded to the pro-
posal, upon the understanding, that if the insolvent
proved there was no deficiency there should be an
end to the case, but if a deficiency existed, then he
should be still liable to the opposition on the part of
the Company.
This was agreed to, and the insolvent was ordered
to be brought up again on the 12th of April, the
examination before Mr. Dance to take place in the
interim, and the insolvent to be furnished:with every
book or document he might call for.