The Sun.
London, England, 1845-07-17 00:00:00

LAW INTELLIGENC

COURT OF BANKRUPTCY, July 16.
(Before Mr. Commissioner Com-A:sum.%)
THE ROMFORD BANK-IN RE JOHNSON, JOHNSON, AND

MANN.
This day was appointed for the application for certificate by
the elder Mr. Johnson and his son, that of Mr. Mann having
already been granted without any opposition.
Mr. Wilkinson (Stevens, Wilkinson, and Satchel' ), yew-
street, solicitor, attended for the assignees to oppose the appli-
cation ; Mr. Lawrence, for eighteen creditors, to the amount
of 7,0001., to take care of their interests ; and Mr. Cooke to
support the application of the bankrupts.
For the better understanding of the "results " of the bank-
rupts' estimate, the official assignee (Mr. Follett) read a report
containing an abstract of the Romford Bank, as filed by Thomas
Johnson, sen., which was as follows :—" That Mr. Thomas
Johnson admits having withdrawn from the bank in thirteen
years the following sums :
In Bills
Money 12,735 0 0
-----£26,115 0 0
That the bank was carried on during the whole period of its
existence (eighteen years), not only without profit, but a
loss, the expenses being stated at X16,767 0 0
Profits

£5,256 0 0

Thus showing a loss upon the trading of that
sum, in addition to bad debts, of

Making a total of
As quarterly balances were struck during the whole period of
eighteen years, it must be assumed that Mr. Johnson was aware
of the position of the bank affairs. The balance sheet of
Thomas Johnson's private estate admits the receipt by him in
thirteen years of the previously named ... £26,115 0 0
Receipt from the Aldgate concern
Profit—rents

£50,807 0 0

Which is accounted for by—
Loss on whitelead concerns £8,669 0 0
Interest and a discount
Personal and domestic expenses 18,306 0 0
----- .£46,689 0 0
Further proving that the bills and moneys withdrawn from the
Romford Bank were applied to purposes distinct from that
concern.
The Learned CosimissioN.ca having here communicated
with the official assignee, said he had discovered something in
the accounts in favour of the bankrupt, which he wished to
have appended to the report just now read ; the bank stopped
payment upon the sth of June, and the sums received as paid
were on the few days previously.
Paid Received,
June 1 £B-19 0 o„June 1 ...... £473 0 0
2 Sundry
3 .
4...
5...

0
C 6 0 0 3
6OS 0 0. 4 ............ 958 0 0
3,563 0 3! 5 3,353 0 0

£5,088 0 0,
June Ist, in the bank, 1,191/. ; June 5, 1,030/.
Upon a question from the Learned Cosimissioreen,
Mr. WILKINSON said he appeared for the whole of the as-
signees, four in number.
This statement, however, was denied by Mr. COOKE, who
read a letter from one of the assignees—a Mr. Cooper,
addressed to Mr. Johnson, sen., disclaiming any desire to
oppose the certificate, but condoled with him upon his mis-
fortune.
Mr. Commissioner Gou eau ate said, the fact of Mr. Wilkin-
son only being instructed by three of the assignees made no
difference to his right of opposing.
Mr. WILKINSON (in the absence of Mr. Jones) then made a
variety of observations on the conduct of the bankrupts, in op-
position to the granting a certificate. He called several wit-
nesses, who gave evidence at great length, on points which
have been brought before the public.
Mr. LAWRENCE applied to be heard for several creditors,
who had left it in his trust to oppose er not, as thtimerits of the
case 'night lead his judgment.
Mr. Commissioner GOULBURN refused to allow Mr. Law-
rence to address the Court, as it was contrary to tke words and
spirit of the Act of Parliament.
Mr. Commissioner GouLßuaN said he wished to know from
the official assignee what capital Mr. Johnson bad when he
' started in the bank ?—The Official Assignee thought, as far as
he could discover, that it was not really more than 1,000/.
Mr. WILKINSON said that at one time it was no more than
661., and proceeded to call Mr. Croysdale to show the fact from
a vast array of figures ; when
The Learned COMMISSIONER said he wished to come at the
fact, as he was anxious to keep clear of a labyrinth of figures.
Mr. WILKINSON said he would not press that matter and
would now only advert to one other point, which was as to
whether an entry of 5,000/. was made in the books by the
bankrupt before or after the failure, and called Mr. Carter, the
managing clerk of the official assignee, who distinctly stated
Mr. Johnson told him it was made after the failure. It was
his decided opinion also that no advance had been made from
the bank to the concern at Aldgate.
Mr. LAWRENCE here said that he withdrew all opposition
for his clients.
The Learned COMMISSIONER then asked if any other
creditor wished to be heard ? but no one appearing,
Mr. COOKE, for the bankrupt, said that he approached this
case with considerable anxiety, considering the age, and infir-
mity, and the respectability of the bankrupt's family. The
Learned Counsel proceeded with an historical narrative of the
bankrupt's various phases in business until the year 1826,
when, upon the failure of the then existing Romford Bank, he
had, after strong solicitations, consented to re-open it. His
character then stood high in the world, and Mr. Surridge bad
assured him of success. For the first six or seven years it cer-
tainly was not a prosperous concern; but yet he had
reasonable hopes that by assiduity and attention it
would ultimately realise profits, and the more so
as he had the concern in Aldgate to fall back
upon. It must be admitted that his own means as a banker had
been rapidly running out, but the trading of bankers should
not be measured by that of other traders, for if Mr. Johnson
had at once shut up the bank he was afraid that the most dis-
astrous consequences might ensue, and he felt the less inclised
to do so, as he was even then fully persuaded, however illusory
that might be to others, that he had a capital of 13,0001., which
would be available to meet his engagements. No doubt but
that many persons lost money by Mr. Johnson, and no wonder at
their feeling angry; but it should not be orgotten that he
had lost much more himself, and his all was now lost to him.
It had been alleged against him (the bankrupt) by Mr. Wilkin-
son, that he had put himself forward for City honours, not only
at a very late period of h,s life, but when he Must have known
that his circumstances were in a most shattered condition ; but
the fact was otherwise., for he was anxiously solicited to take upon
himself the aldermanie gown, the shrievalty of Siiddleser,and the
distinguished office of Lord Mayor, in 1841. Every one knew
that these offices cost a considerable sum of money in the discliarge
of the duties attached to them, and if in having undertalera
there he had done anything wrong, why he now must answer
for it. In 1841, the executors of White called upon him to pay
a bond for 6,000/., which considerably distressed him, andupon
the failure of Whitmore's house, who were their town agents,
they had a difficulty in inducing Glyn and Co. to act in that
capacity for them, and, in fact, they absolutely refused to do
so, unless upon Johnson's depositing bills with them and giving
them a bond ; and very early in June, 1843, Glyn's house,
having refused to make further advances, Johnson had a fiat
issued against him, even at the very moment when he was nego-
tiating to keep up the credit and meet the liabilities of the
Romford Bank.
Mr. Commissioner Gour.aurtsr.—Why, Copley, the clerk,
has sworn that, within three months after he entered the ser-
vice of the Romford Bank, he knew of the insolvency; and
what right had the bankrupt to feed the Aldgate concern from
the bank, even if that were so?
Mr. COOKE—Undoubtedly the bankrupt had no rigl.t so to
deal with his customers' money, but they all knew that he was
engaged in two other concerns, and that the money of each and
all was used for the benefit of each and all. The banking
business was only an incident in the bankrupt's dealings, and,
if he had permitted the money of his customers to lie idle, bow
would he or any other banker be able to meet the expenses of
his establishment ? The customers did not object to the Rose-
ford Bank lending money to farmers and bakers, or others of
their neighbours, and he was at a loss to know why they should
now complain that he had lent money to himself as a trader at
Aldgate, rather than do so as a banker at Romford. There was
no proof that he was a reckless trader, nor was he charged with
having lived in an extravagant manner. No man could now
say that he had concealed a single shilling, or that he had made
a purse for himself, or that he had contracted a single debt by
making false representations, or that he had been guilty of a
single fraud.
Mr. Commissioner GOULBURN—No one has said so, Mr,
Cooke.
Mr. COOKE was extremely glad to hear his Honour say so,
for that must greatly relieve the character of Mr. Johnson, and
produce a feeling of considerable satisfaction to his respectable
family. The bankrupt may, perhaps, in many instances have
been in error, and deceived himself as to the nature and
extent of his resources, but under all the circumstances of this
painful case he trusted that this old, infirm, and respectable
man would be allowed to go down to his gray with an un-
sullied reputation.
The Learned COMMISSIONER said he would retire perhaps
an hour to read over his notes, and then proceed at once to de-
liver his judgment. On his return
Mr. Commissioner GOULEURN said, after much considera-
tion it was his opinion that the failure of the bankrupt in this
case could not be called the result of misfortune or of circun:-
stances over which he had no control, but rather that it arose
from years of misconduct, as a trader in a branch of business
which of all others required the greatest care and vigilance, and
therefore the judgment of the Court was, that the certificate
must be refused.

£4,986 0 0

EARLY CLOSING OF SHOPS.—The Central Cinn-
mittee of the Metropolitan Prapers' Association have come
to the resolution of making a vigorous appeal to the public
for the purpose of inducing all classes to co-operate more
earnestly and actively than they have hitherto done in the
efforts of the Association to do away with the-system of late
hours of business, now become so crying an evil, and As-hich
the Committee appear to think can only be accomplishedtiy
the abstaining of the public from evening shopping,
ssange• This
appeal it short
is proposed to make by means of a
the essay
st
tract, for which a prize is to be offered, in ordereer rhat
househo an
the is done ft to be sent to every
•inLd Lon
when
n
possible work upon the subject may be p do•
Committee is to iaise a un o •
ecatndth\eveAllsdsoe-.
S ch a step will, of course, entail considerable... expense ;,and
part of the plan of the
p To
rht ea
n oc
be
.1,
ciatlon
to crr3h, theas i
nmNalienwoils)jeocnte into effect.
support, for it interferes with no interest, and offends
Whilethe benefits it would confer upon all
gageden-
in trade
hardly be overrated.
3ne:vpirnefudiceg,
SADLEns WELLS.—Sheridan linowles's play of
Lore has been revived at this theatre, and net with most
decided success. The heroine tYas taken by Mrs. Warner,
whose talents are so well known, fiat it is almost unne-
cessary to say it was well acted. The struggle betwixt lie; love
and pride was admirable; indeed, the whole of her perforim•
ance was faultless. Iluon, the serf, was well personated by
Mr. 11. Marston, and Mr. G. Bennett, as the Duke, acquitted
himself equally well. The part of Count Ulrick was well
performed by Mr. 11. Mellon, and Miss Cooper as Katherine
also deserves her share of praise; there is a degree of arch-
ness in her manner, which is very pleasing. The other cha-
racters were all well sustained, and we trust the managers of
the theatre will reap the countenance they so well deserve.
EXTRAORDIN Arty ACCIDENT.—Last evening Mr.
Joseph Payne held an inquest at Guy's Hospital, on the body of
William Hussey, aged thirty-three, of Mason-street, New-cross.
David Ambrose, foreman of the new atmospheric railway at New.
cross, said -that the deceased was employed ott the same works.
About a month ago deceased came home intoxicated, and went to
the closet with a candle. He fell asleep there, and at an early
hour next morning witness was awakened by cries of "murder,"
and " fire." Witness ran to the kitchen, from whence the cries
proceeded, and there saw the deceased quite frantic, his linen in
flames, and endeavouring to climb up the chimney. In a short
time witness pulled him away, and after he had gone up stairs he
found the closet on fire. He extinguished the fire, and finding
the deceased much burned he had him conveyed to the hospital.
Witness believed that he had accidentally set his linen on fire whilst
in the closet. He died from the injuries on Monday last. Verdict,
" Accidental death."
Lord and Lady John Russell and family havO left
town for the season, for his Lordship's teat near Godalraing.
---- - - •