The Sun.
London, England, 1845-04-09 00:00:00

JACK r. 1114INTYRE.

This was also an appeal from Ireland, and their Lordships,
without calling on the counsel for the respondents, gave judg-
ment, dismissing the appeal with costs.
Their Lordships, shortly after one o'clock, adjourned during
pleasure.

ROLLS' COURT, Apia 8.
The Master of the Rolls took motions and petitions• of no
interest to-day.

VICE-CHANCELLORS' COURTS, April 8.
Unorposed petitions and motions occupied the Vice-
Chancellor of England the whole morning.
(Before the Vice-Chancellor KNIGHT BRUCE.)
His Honour, having disposed of all the cases on his paper,
rose shortly after eleven o'clock.
Nothing particular occurred in Vice-Chancellor Wigram's
Court.

COURT OF BANKRUPTCY, AIPII 8.
(Before Mr. Commissioner SHEPHERD.)
IN RE CHARLES 'MATHEWS, COMEDIAN.

An adjourned hearing in this case of bankrnptcv, the lead-
ing features of which are well known to the public, took
place this morning, to settle the claims of the various credi-
tors, previous to paying a dividend. Messrs. Lewis appeared
for the bankrupt.
Mr. RICHARDS, on behalf of a Mr. Greville, claimed a sum
of 560/, which it was alleged the applicant had paid
fur the bankrupt, on a security bond the former
had executed on behalf of the latter. This debt
had been already admitted by the bankrupt, but the
right of the claiinabt to share in the present dividend
was disputed on the ground that the applicant bad not pre-
viously made his claim nor was present to-day to undergo any
examination that might be required of him. The Court sus-
tained the objection, but decided, in order to afford the
claimant an opportunity of being present, to extend the time
of declaring the dividend. The claimant is at pre-
sent residing abroad; and in order that an opportunity
should be given hint to be present, it was, in the
tirst instance, agreed, on Isis behalf by Mr. Richards,
that he should be at the expense of another meeting, to be
held in three weeks, providing he gave eeven days' notice of
his intention to be present. If the claimant did not give the
required notice, no meeting was to take place. In a subse-
quent state of the proceedings this arrangment was altered,
at the instance of his Honour, who thought it would inter-
fere with the declaration of the dividend, if the calling of
the future meeting was left to the discretion of the claimant;
and the adjourned hearing was fixed for that day fortnight,
the 22d inst., at twelve :o'clock at noon ; Mr. Greville to
bear the cost of the meeting.
The claim of Mr. Laurence Levi, the well-known sheriff's
officer, which occupied the attention of the Court nearly the
whole of the day on the last hearing, was mutually arranged
by the parties themselves, without the interference of the
Court. The arrangement entered into makes a difference in
Mr. Mathews's favour of 1,2001.
A claim of Mr. Sloman, who was engaged in Covent-garden
Theatre, during the management of the bankrupt, tin. the
alleged supply of canvas amounting to 401., but which was
disputed, on the ground of its having been included in a pre-
vious schedule under the head of carpenters' work, was post-
poned till the next hearing. The applicant, in reply, said
the 40/. alluded to was a debt owing to his brother, the car-
penter of the theatre.
His HoNOUIt ordered both brothers to be present at the
next hearing, in order to decide the claim.

THE REV. MR. MONCKTON.
DOCTORS' CoMMONS.

The Commissioners took their seats at ten yesterday, and
Dr. LUSIIINGTON, in reading the report made by them to the
Bishop of London, said they had reported that the Act of
Parliament had been conformed with, and that fifteen wit-
nesses bad been heard m support of the charges, and counsel
for the Rev. Mr. Monckton bad also been heard, and fifteen
witnesses examined for the defence; and as to the charges
contained in the complaint made against the Rev. Mr. Monck-
ton, they had reported thus :—First, as to the charge of for-
nication with the women in the house—we do not find suffi-
cient evidence to warrant us in recommending any further
proceeding on that charge. S;:condly, as to the charge of
intoxication—we do not recommend any proceeding ; on the
contrary, we are of opinion there is no prima fade case to
support that charge. Thirdly, as to the conduct of the Rev. Mr.
Monckton, in his mode of living and his conduct with the women
in his house, especially with Sarah Huggins—we think there
is sufficient ground for, and have recommended further pro-
ceedings, being of opinion that the conduct of the Rev. Mr.
Monckton is unbecoming that of a clergyman, and calculated
to bring scandal upon the Church.
Mr. WAnnEN then rose and said, as counsel for the Hon.
and Rev. Mr. Monckton, he begged sincerely to thank the
Court for the dignity, patience, and impartiality which it
manifested during this painful inquiry.
Mr. Monckton was in Court, and in his gown, and sat by
his counsel while the report was read.

CENTRAL CRIMINAL COURT.
OLD COURT.

(Before the DECORDEEand Alderman HUGHES HUGHES.)
FRAUDULENT BANKRUPTCY.—Robert Bannister was "in-
dicted for, that he, being a trader within the meaning of the
statutes relating to bankrupts, did unlawfully obtain goods
of James Hargreave and others, with intent to cheat them
thereof."

Mr. Clarkson, with Mr. IMane, were for the prosecution.
Mr. Hughes was engaged for the defence.
After Mr. CLARKSON had briefly stated the case,
Robert Cattell, a messenger from the Court of Bankruptcy,
put into Court the proceedings taken before Mr. Commis-
sioner Goulburn in that Ccurt.

Eobert Powles proved that the prisoner traded in Portsea
as a draper, The name " Robcrt Bannister" was above his
door there.

John Smith, traveller to a commercial house in Cheap-
side, sold the prisoner, some time in July, a parcel of goods
amounting to about 100/., and principally rnousselaii'e de
laines and other fancy goods. They were sold at three
months' credit, from the first of the following month.
Richard Growcock, of Growcoek, Copestoke, and Moore,
laceinen, Bow-churchyard—Their firm bad transactions with
the prisoner at Derby, and afterwards when he commenced
business at Portsea. While at Derby he was in partnership
with his brother, and they sold him some parcels of lace goods.
He removed to Portsea in April, 1844, and dealt with him
from time to time up to July. On the Bth July, 1844, the
prisoner became indebted to them for goods sold and delivered
in the sum of 145/. ‘es. 9d. 'the fiat was issued against the
prisoner at the instance of witness and his partners. The
first transaction with the prisoner alone was upon the 3d of
Mar.
Cross-examined by Mr. HUGHES.—I do know that the
goods were sent from the warehouse in Bow-churchyard to
the prisoner's place in Portsea. They were sent the usual
way. They were purchased in the usual way in the ware-
house. A portion of these goods were sent to Cockereli's
Hotel, and those looked out by the prisoner in presence of
the traveller.
Mr. DOANE—To save time, the balance-sheet furnished by
the prisoner may be exemined, and it will be found to corro-
borate everything advanced by the witness.
William Quitter, an accountant, was engaged by the
creditors to look over the accounts. The balance-sheet in
his hands was furnished by the bankrupt. (Some
business transactions between the last witness and the pri-
soner
were read aloud to the Court.) lie went down to the
shop, 77, Queen- street, Portsea, on the 7th day of July, 1844,
but did not find the prisoner there. He could not ascertain
from the shopman were Bannister was. He saw his wife,
and proceeded to investigate his affairs. The book produced
in Court was one of those lie examined. One ('f the ac-
counts in the book is that of Growcock, Copestoke, and
Moore. The balance in July remains at 145/. 2s. 9d. He
examined the book with his balance-sheet, and came
to the conclusion that his liabilities were upwards
of 16,0001. The amount of goods obtained within
six weeks of that day was upwards of 5,000/.
he believed considerably more within the seven weeks. The
amount of stock upon the premises might be about 9,0001.
cost price. The debts were very trifling—between 2001. and
3001. He had afterwards a great deal of conversation with
the prisoner, after his return from Madeira—perhaps some
time in August—respecting the goods he had sent to auction.
He told witness that he had no record of them in his books,
Bullock but he said they were sold at a loss. Goods, for instance,
asecldost en34ol.,the same
and
day with the former lot. The prisoner had been in business
bought at 720/. realised only 391/., leaving a loss of 3291. on
rtehaelisceodst
18p2ri1c.l.
iess GolsoBdl. s
sent
tat lot wa
to
in Portsea from the 9th of March to the 10th Jelly. The
stock left on the premises realised about 4,000 E The prisoner
was insolvent at the first hour lie commenced business in
Portsea. When witness was at Portsea he discovered that
abovefive tons of goods were sold to Moses and Son and other
places. He found an entry of a sale to Moses and Son on the
first of May of goods that cost 5401. for the sum of 200/. When
the witness heard that the Grace Darling had-arrived below
Gravesend in August, he went on board and found R. Bannister
on board of her. The prisoner said he had given up all he
had to Mr. Jay, and he hoped it would be found all right.
Mr. Jav brought from Madeira in gold 2,850/., the money to
which 'the prisoner had alluded. The prisoner had notes in
his cabin behind his looking glass to the amount of 150/,
These were discovered two days after his first examination.
He did not state that that money had been secreted behind
the glass. •
Cross-examined by Mr. HuGnEs--lie was aware that
goods were delivered after the 6th June. The prisoner left
fur Madeira about the 11th or 12th of July.
By the RECORDER—There is no doubt be left for Madeira.
By Mr. HuGnEs—When I went on board the Grace
Darling, I said to the bankrupt, " Mr, Bannister"—
Mr. HuGnEs—Well, go on.
Witness—" Mr. Bannister, you have not got the same
trousers on you had before you left for Madeira. —( Laughter.)
Mr. HUGHES—That is not very important. What did he
say ? Witness—He said " Who are you ?"—(Continued
laughter.) The prisoner did not say that he had given Mr.
Jay 3,000/. He did not know what money he had taken to
Madeira with him. The witness then detailed at great
length the conversation he had had with the prisoner, rela-
tive to the latter's proceedings at Madeira.
Massey. from the establishment of James Hargreave
and Co., of Leeds, examined by Mr. CLARKSON.—The invoice
I hold in my hand is from our house. and is made out for
Mr. Bannister of Portsea. It appears to be posted to Port-
sea, and re-posted to Mr. Mulling, of Ironmonger-iane,
London. The prisoner is the man who purchased from me.
The prisoner's hand writing is in this ledger, stating how
the goods are to be sent. The date of entry is the 9th of
April, and the amount of invoice is 1781. 18s. The goods
were sent by Deacon and Co.'s waggons, and the invoice was
forwarded by post. We drew upon the prisoner for the goodie
sold to hint, and received his accepta ce on the sth of May.
That bill was dishonoured at maturity. An order was re-
ceived before the bill had arrived at maturity for a parcel of
goods. The order was not executed. The debt of 178/. 18s.
was proved in the Court of Bankruptcy.
Lewis Adolphus—l am in the service of Moses and Son, and
manage their concern. I remember some days before the
Ist of May Mr. Bannister coming into our shop
and he asked Mr. Moses whether be bought woollen
clothes. Mr. Moses replied that he did. He then stated that
he was a draper in Portsea, and he did' not find it answer.
Ho wished to get rid of a woollen stock. He thought
the first loss would be the best. On the
Ist of May he returned, and brought the goods to the ware-
house. There was nearly a cart load. Be offered them for
sale. We examined them, and Mr. Bannister stated a price
for them, and a less price was offered him. The goods were
purchased for 104/. 12s. 6d. They were paid by a cheque
upon our bankers.
The RECoLDER.—What is this number, 4181 at the bottom
of the invoice ? Witness—The number of yards of the
pieces added together.
The 60. m 0 wane's...Tot

Mr. Quilter recalled, and examined by the RECORDER—
The goods sold to Mr. Moseq, agree in the numbers of the
pieces, and the lengths of yards, with the goods got from
Messrs. Hargreaves, of Leeds.
Mr. CLARKSON ien proposed that the prisoner's exami-
nation before Mr. Commissioner Fonblanque, at the Court of
Bankruptcy, should be read, which was done.
After the reading of these papers, which occupied a consi-
derabl? time, the jury were allowed to retire fur half an hour.
On the jury re-assembling at two o'clock.
Mr. HUGHES took a technical objection to the form of the
indictment. .

The RECORDER then proceeded to sum up to the jury. Af-
ter reciting the Act of Victoria having reference to obtain-
ing goods under false pretences, the Learned Judge said that
it would NOW be their duty to see if the prisoner came under
the provisions of that statute There could be little doubt
that the prisoner had been a bankrupt as early as the Bth
of July, and they had to inquire whether in three
months before that time he had committed any
of the four offences st ecitied in that Act, and it did appear to
him that as to the removal and concealment of goods the
facts of the case did not bear out the allegations in the re-
curd, but with respect to the obtaining and disposing of
certain goods, he thought the case presented no difficulties,
and the jury were at liberty to dispose altogether
of the first, and confine their attention to the latter. They
had it proved to them that he was worth 2,0001. less than at
the time he commenced business at Portee.i, and vet they
found that in four months after he bad run up his liabilities
to 16,000/. Tee.), found that on the 9th of April a quantity
of goods were purchased from Messrs. Hargreaves of Leeds. and
they might remember that the Counsel for the prisoner very
properly endeavoured to prove that the goods had been bought
on the 7th, which would have carried the transaction out of
the three months mentioned by the statute, but they should
also recollect that the witness Massey positively stated that
the 9th was the day of sale, and they had an entry of the
prisoner's on that date, ordering the goods to be sent by a cer-
tain conveyance, and they had also a contemporaneous entry
by the part its showing that the goods had gone off on the 1 lth,
two days following. Then they had the acceptance of the
prisoner, clearly showing his acknowledgment of his
own liability for these goods. But there v.-as
another ingredient in the clause, namely, the purchasing
of goods with intent to defraud the owner. Now, when they
found a man starting with insolvency and ending with bank-
ruptcy in the course of three months—when they found that
that man bought goods at wholesale prices, and sold them at
half their value—when they found that in that time he accu-
mulated debts to the amount of 16,0001., it was to be fairly
presumed that he had not intended to carry ou business as a
fair trader.
The jury then considered, and returned a verdict of Guilty
on the first and fourth counts.

The prisoner on icing aAted if he had anything to say
Why sentence should not be passed upon him, said that the
goods were bought of the Messrs. Hargreaves on the Bth of
April, an Easter M,,nday. He had bee❑ in Manchester on
the day following, making purchases there. The prisoner
was entering into a rambling statement, when
The REconDER interrupted him by saying that he was
not advancing anything in plea of mitigation.
The prisoner had nothing further to say, and
The REconDER then, after a most severe address, sen-
tenced him to 18 months' imprisonment, with hard labour.

ETV CO
(Before the COMMON SERGEANT. )
ADROIT TMEVES.— iam Todd, aged 20, shopman, and
aged 22, weaver, both very respectably dres,ed
young men. were convicted of entering the house of Mr.
Wood, 73, Broad-street and stealing four pair of trousers and
other articles, value 51. Todd was further charged with
stealing a handsome silver salver, value 141., front the cham-
bers of Mr. Francis l'aget Watson, of No. 8, Thavies' Inn,
on the 10th of March last. _ _ .

The prisoner, it appeared, availed himself of the temporary
absence of the maid-servant, who had left the door ajar, to
enter the chambers of Mr. Watson. lie was observed to
enter and leave the house in a suspicious manner, with his
coat closely buttoned, and to hurry away, by a boy who was
in a cart at the door, and who afterwards pointed him out
amongst several other prisoners in the Compter. The pri-
soner was taken into custody on the day following the rob •
Wry, and 131. Bs. and a watch were found in his possession,
for which he gave no reasonable account. The police had
been unable to discover the salver, and it is not unlikely that
soon after it was stolen it changed its original form.
The jury found him Guilty.
King was further charged with stealing a watch, value 3/,
from the house of Thomas lllsley, of 74, Old Broad-street,
on the Ist of March.

The watch w. s in the possession of the prisoner when
taken into custoey on the above charge. His tide- ce was,
that he bought it and a pair of trousers from a Jew for
in a public• house in the City. This was proved by the pri-
soner's brother and a cabman, who were present at the bar-
gain; and the jury acquitted the prisoner.
From questions put to the police-constable, it appeared
that the prisoners were companions, and lhat they associated
with thieves, and that a great number of robberies bad been
committed in the di6triet in which they resided—Bethnal-
green.
The COMMON SERGEANT ordered a silver watch and gold
chain, and a ring found on Todd, to be gives up to his mother,
a respectable elderly female, and the 13/. Ss. to Mr. Watson,
from whom the salver was stolen, and which, there was every
reason to believe, was the produce of its sale. In passing
sentence upon the prisoners, the Learned Sergeant said
that they had been carrying on a systematic system of plun-
dering the public fbr some months, and had associated with
thieves for this purpose, and it was his duty to protect the
public from such characteri,. He should not be discharging
his duty if he did not pass a sentence upon them which would
be a lesson to others. The sentence of the Court was, that
they be transported for ten years.