The Sun.
London, England, 1842-12-21 00:00:00

if, as he trusted, the jury were satisfied that the bank-
rupt did not willingly give a preference with intention
to defraud the other creditors they would find for the
defendant.

The LORD CHIEF JUSTICE having summed up the
evidence Laid it was for the Jury to say whether,
under all the circumstances, the bankrupt, who, as
well as his solicitor, must have been aware in the in-
terval between the 18th and 20th of August, that his
affairs were irretrievable, contemplated his bankruptcy
at the time he made the payments to defendant. If
so, however hard the case might seem to be to Mr.
Pritchard, their verdict must be for the plaintiffs,
and the defendant must share in the losses of the
other creditors. But, if they believed, on the other
hand, that Hitchcock expected to get over his diffi-
culties, and made the payment by compulsion, and not
voluntarily or by fraudulent collusion, they must find
for the defendant.
The Jury retired to consider their verdict, and after
an hour's deliberation found for the plaintiffs, damages
2,0001.

INSOLVENT DEBTORS' COURT, Dec. 20.
A MONEY LENDER.-.IN RE THOMAS WILLIAM TOTTING^

HAM PRESCOTT.

The insolvent's petition to be discharged was op-
posed by Mr. Cooke, on behalf of Mr. Cox, a hatter
in Nassau-street, with whom he contracted a small
debt in August, 1839, under false pretences.
In the evidence of the opposing creditor but little
appeared of general interest.
The insolvent having been sworn and examined,
said that in the month of June, 1841, he inserted an
advertisement in the daily papers to the following
effect :—" Money Lent. —A gentleman having money
unemployed, is willing to invest a portion of it at inter-
rest on loans, to ladies and gentlemen of rank and posi-
tion in society, in the Army, Navy, and the Church. Ap-
ply by letter only, confidentially, to A. B , at 40, Rath-
bone .place." In consequence of this announcement he
got cards struck after the name Andrew Barlow,
under which he intended to carry on his monetary
dealings. At this time he had not a farthing of his
own, nor had he any chance of raising it from other
sources; but his mother, who resided at 49, Park -
street, Grosvenor-place, lent him about 150/. In
February, 1841, a trial at the suit of Captain Na-
thaniel Boyce French Shaw for crim. con. was insti-
tuted against him, and a verdict, with 100!. damages
given, which he (the insolvent) never paid. Previous
to that time he received a sum of about 5001., but from
whom, or on what account received, he obstinately re-
fused to make known.

Mr. NicuoLLs, on behalf of the insolvent, con-
tended that he had no right to answer the question,
inasmuch as, owing to the peculiarity of the circum-
stances, he might thereby subject himself and other
parties to an indictment for conspiracy.
The COURT desired that the question should be
answered.

The insolvent—l decline answering that question,
under the direction of my Counsel.
The COURT having stated its determination to send
tho,insolvent back to prison if the question was not
answered,

The insolvent said he received about 1501. about
three months before the trial, all of which was paid in
sovereigns. He would not say whether it was from
Captain Shaw he got it or not.
Mr. COOKE contended that inasmuch as the receipt
of the 5001. was not mentioned in the schedule, he
was bound in justice to the body of the creditors
to state from whom he received it, and
under what circumstances it was disbursed. The
peculiarity of the circumstances connected with
the trial for trim. con. rendered this the more impera-
tive, because the very first question put before the
highest tribunal in the kingdom in divorce cases to a
husband seeking to lie divorced from his wife, was
whether any collusion existed between him and the
defendant, with respect to the trial in which the suit
of divorce was founded.

A long discussion here ensued with regard to the
tight of the insolvent to answer the question.
The Learned COMMISSIONER said that as the insol-
vent showed so much pertinacity in the matter, he
(the Learned. Commissioner) would allow the time
of the Court to be no longer occupied.
The case was then adjourned; and the schedule
was ordered to be amended by the insertion of the
circumstances under which the above 5001. were
received and disbursed.

NEWS.