The Sun.
London, England, 1842-11-10 00:00:00

THE SUN, LONDON, THURSDAY EVENING, NOVEMBER 10, 1842.

LAW INTELLIGENCE.

name, to satisfy his own demand for the money he
paid over to the plaintiff.—Application granted.
THE QUEEN, V. BADGER AND CARTWRIGHT.
In this case, which was reported in The Sun of yes-
terday, and which, it will be recollected, was an appli-
cation for a criminal information against the de-
fendants, Magistrates of the county of Staffordshire,
in refusing bail for Arthur O'Neil, a Chartist, his
Lordship intimated that he would grant the rule, and
would mention the fact to-morrow to Mr. Erle, who
moved in the cause.

CO&TRT OF CHANCERY. Nov. 9.

BX PARTS THOMAS, IN THB MATTER OF THOMAS,

A BANKRUPT.
This case came before his ,Lordship upon a special
case, in the nature of an appeal from the decision of
the late Sir John Cross, in the Court of Review. The
circumstances under which the question on the case
arose were as follows :—Susannah Thomas, who had
kept the Full Moon Hotel, in Bristol, for many years,
died intestate, leaving several children. Sarah Thomas,
after the death of her mother, but without taking out
letters of administration, took possession of the effects
in the hotel, and carried on the business for a short
period, when it was Teed between herself and her
brother, James Walter Thomas, who had carried on a
posting business in the same town, that both businesses
should be joined and carried on by them in partner-
ship. Under this arrangement, the parties acted for
some time ; but, in 1840, James Walter Thomas being
about to marry, Sarah Thomas declined to have any-
thing further -to do with the concern, and, in conside-
ration of the sum of 8751., she gave up all share
in the business. The inn and posting business was
carried on by. James Walter Thomas alone till
a short time since, when a fiat of bankruptcy was
issued against him. After this another brother took
out letters of administration to the effects of his
mother, and presented a petition to the Court of
Review, praying that all the furniture and property
that belonged to Susannah Thomas at the time of
her death might be handed over to him as her
administrator, and not to the assignees under the
bankruptcy. Upon the case coming on before the
late Sir John Cross, he. made the order prayed in this
respect, and from that order the present appeal was
brought.
The Loan CHANCELLOR, at the conclusion of the
arguments, gave judgment, reversing the decision of
the Court below, with costs.

COURT OF BANKRUPTCY, Nov. 9.
(Before Mr. Commissioner FONBLANQUE.)
IN RE WILLIAM LIONEL FELIX TOLLEMACIIIi, COM-

MONLY CALLED LORD HUNTINGTOWER.
This day being fixed for the final adjourned exami-
nation of the bankrupt, the usual crowd of creditors
and spectators were in attendants, and, as before, his
Lordship came up in custody from the Queen's Bench.
The last hearing was had before Mr. Commissioner.
Pane, who adjourned the case over until to-day, in
order that the creditors might have had sufficient time
to investigate the balance-sheet, which, though ex-
tending over a very short period as to time, contained
a statement of debts and liabilities to upwards of
200,0001., and merely problematical assets.
Mr. Chambers attended for the noble bankrupt, and
Mr. Clarkson, with Mr. E. James and Mr. Cole, for
certain creditors; and Mr. Nies, the solicitor, for the
petitioning creditor.
Some additional proofs of debts having been ad-
mitted without opposition,
A proof was tendered on behalf of a Mr. Holt, upon
certain acceptances of the bankrupt, to the amount of
859/. The claimant produced a copy of a judgment
which he had obtained upon these bills.

By Mr. James--What consideration was given for
these bills ?—Two checks to C. P. Nicholls, for 3001.
Where did he carry on business ?—At Adam-street,
Adelphi.
Was he the manager of the Westminster Loan In-
vestment Company there ?—He was, but I discounted
these bills for him in his private capacity.
Mr. James—We must have Mr. Nicholls here to
know from him his position, as to the discount
of one of these bills after it became due. It is to be
taken here with all its equities, but with no more.
Mr. Commissioner FONDLANQUE--It must stand
over just now.
Lord Huntingtower sworn and examined by Mr.
James—l never kept any regular accounts, but I
think Nicholls's bill was 2751. I accepted a minority
bill for Colonel Copeland, which I afterwards re-
newed, but I never got any thing for it. I lent my
name to him (the Colonel) for several bills, lie always
promising to take them up, and I received no other
--Lillie for them than now and then a horse. I did not
know it was discounted until told so by Nicholls, who
asked me to renew it, adding, that if •I did so, he
would let me have some more money, but I never got
any more from him.
lir. Commissioner FONDLANQUE—Did nothing
pass between you, Mr. Holt, and Mr. Nicholls, when
your over-due bill was discounted ?—Nothing more,
Sir, than this ; that as Lord Huntingtower was at the
time in London the bill would be paid ; a judgment
has been obtained upon this bid.
Mr. Commissioner FONDLANQUE—That will not
save you if there was no bona fide consideration.
Mr. JAMES said he wished to be furnished with a
list of the creditor: who had proved.
Mr. Levi, of Arundel-street, Strand, claimed to
prove upon a bill for 2001., and stated, in answer to
questions put by Mr. James, that on the sth of Octo-
ber, 1841, he gave the money to a person of the name
of Canty for this bill, and he now further owed him a
sum of 8001.—After some examination,
Mr. Commissioner FONBLANQUE—This proof must
be deferred ; it is at present very complicated, and
requires further investigation.
Mr. Levi—l don't think, Sir, it is worth my while
to prove for it, as I shall get nothing, but I shall
lodge a detainer upon my judgment.
No further proofs having been tendered,
Mr. JAMES proceeded to make some observations
upon the enormous amount of debts and liabilities con-
tained in the noble bankrupt's balance-sheet, amount-
ing to nearly 200,0001., while it contained no account
whatsoever of the disposal of any part of the property
which he had been possessed of, either before or during
the course of his trading. If the Noble Lord had
thought proper to become ft trader, and now sought
to obtain the benefit of these laws, which were in-
tended to protect traders, why then he must be sub-
jected to the same scrutiny, and his expenditure be
liable to as strict an investigation as any other person
becoming a bankrupt. He would now proceed to the
further examination of his Lordship as to several
items in his balance-sheet, his object being to ascer-
tain the difference between the bona fide and the
male fide debts. The Learned Counsel then con-
tinued—l see your Lordship puts down 3,0001. as the
amount of your election expenses at Andover; now I
wish to know how you make out that sum ?—I can-
not tell you exactly, for I kept no books, as I did not
think I was liable to be made a bankrupt, and all I
had to assist me in making out my balance-sheet
were my recollection and a few memoranda.
You were a candidate, I believe, my Lord, for the
representation of Andover?—Yes, I recollect well
being a candidate for Andover. Before my going
down there I was told that I could obtain a large
sum of money to paY off my minority debts, but I
found upon inquiry that I was not to have or to ex-
pect as much money from my family as I was before
led to expect. An objection, however, was taken to
me at the election as I was not of age, and Lord Wm.
Paget was elected.
And yet your Lordship states you expended 3,0001.
upon that election?—Yes, I did. It was expended in
various ways. It WAS disbursed by Mr. Henry Fort-
ner, of Andover. and by Mr. Busini, of Stockbridge;
but I kept no correct account of it, though I paid
myself the majority of the bills, such as tavern bills
and the like.
wherehad it not all at that time, but
a paort. Allow
as
your Lordship then had
3,
paidxpe beforenoaskd?l and a part after my majority.
eras
to in
expend
t
I had 5001. from Mr. Douglas, a bill agent or broker,
living in Buckingham-street, Strand. I had also 6001.
on the 29th of January, which I paid into Messrs.
Heath's bank at Andover. I find that I paid in on
the 29th of July a further sum of 1,300/. I think
also that I had some money at this time from Mr.
Moss Davis, somewhere about 500/., or it might be
1,0001., and also from other parties, but I have no
account of either how, when, or where, I either re-
ceived or paid it. I am sure, however, that I expended
nearly 3,500/.
Then did your Lordship pay for Lord William
Paget P—He was elected upon the principle, that if
he were required by me or by the constituency to
resign the seat, he should do so at once in favour of
me, and not having done so, I think that as a man of
honour he is bound to repay me. He has derived all
the benefit, and, as a gentleman. he is bound to pay
me. Samuel Bamford Hamer was at the election,
and on the Sunday preceding the `election, Lord Wil-
liam Paget, Mr. Busini, and myself put our names to
a bill for 4001., which was given to Hamer to get
discounted, in order to meet some pressing expenses ;
but though Hamer took away the bill, we never
obtained a farthing of money for it—(A laugh)—nor
did I see Hamer himself, though possibly he might
have been at the election. The polling was just two
days before I came of age.
I wish to ask your Lordship, had you amongst the
whole of you, on the Sunday before the polling, such
a sum as 1001. P—l cannot say, but I had not.
Had Lord William Paget That is a question I
cannot answer.
And you have nodetailed account of your expenses?
—I have not. In a contested election there are many
expenses which could not be properly registered.--
(A laugh.)
Mr. CIIAAMERS objected to this course of examina-
tion when
Mr. Commissioner Forzneedeoun said—Under any
circumstances a bankrupt must disclose the whole
amount and disposal of his estate, if he means to pass
his final examination.
Examination continued—There were thirty or forty
bills that I paid, and did not entrust them to any
party. I did let Mr. Fortner have 100/., and other
monies were paid 11 cheque, or by my own hands.
The Committee, if it could be said that we had a
Committee, had also some money, and I am positive
that with what I owe and what I paid, the expense
was upwards of 3,0001. I also gave a person of the
name of Hitchcock 2001.
And that, I suppose, brought your Committee
together ?---(A laugh) No, it did not, for somehow
or other it was very badly arranged, but the former
Members had a regular Committee.
How much of this 3,5001. was paid in money down?
—I should say, at a rough guess, at least 2,000/.
Several bills relating to the election are in the hands
of Mr. Fortner, but, as I owe him some money, he
refuses to give them up.
I find here that a Mrs. Edmunds is down for 7,2001.,
for which your balance-sheet states her to hold secu-
rity-, who is she ?—She lives in St. James's-place, and
holds security for 2,0001., for which she only gave me
1,3001., and I consider that she now owes me the
other 700/. The transactions arose on account of the
deposit of Col. Copeland's commission with her. I
accepted accommodation bills for her to a large amount,
and for which I had no consideration whatever.
What is Afro,. Edmunds ?--She is the very intimate
friend of Colonel Copeland, and is, as I understand,
a bill-broker. This transaction happened four or five
months before I came of age. I here beg leave to
say that, having obtained 7,0001. through Mr. Samuel
Forde (then my attorney) from Cox, Biddulph, and
Co., upon the joint security of myself and Captain
Byng, I redeemed the commission of Colonel Cope-
land, which he had pledged ; Mrs. Edmunds told me
that she would give me 2,000/. for it then (down).
She did give me 1,200/., with a promise to give me
the difference in a few days, but I never since received
it, although the bills, commission, &c., were, as I under-

stand, pledged by Mrs. Edmunds to a Mr. Hume,
formerly a carver and gilder in a very large way, and
now a bill-broker. This Mr. Hume is the same
person who sold up my establishment.
Turn to a debt, if you please, my Lord, to W. B.
Douglas, for 28,0001. Since your majority did you
get any and what con'ideration for this large amount
of bills ?--To the best of my belief, I only received
5,0001. I first commenced with him on the 17th of
July, having previously had a small transaction on
account of Montague John Smith, who lives in
Buckingham-street, and also has a house at Graves-
end. Douglas said to me, if you'll give me your
bills for 20,0001. give you 10,0001. for them, or at
the rate of 10s. in the pound ; and if, when they come
to maturity, they are not paid, he would convert
them into post obits. He asked me, subsequently, to
give him a warrant of attorney as security, when he
would advance me some money; but I never got it.
The copies of the bills were obtained by a Mr. Bon-
ner when I went to sign the warrant of attorney, or
I should otherwise not have been able to give you any
account of them.

In what way did you receive the 5,0001.? I shall
state to you to the best of my ability. I received
1,3001. when I accepted the bills, 4001. as a bonus for
lending my name, 500/. in five-pound notes at the
time of the election, and the 1,300/. was disbursed for
election and other expenses. I also received, on the
25th of August a large sum, which was paid in at
Heath's bank, Andover. And beyond this a sum of
1,7001., the bills not being then due. I here wish to
state that I was very much pushed (distressed) for
money at the time, and I had to give Douglas re-
ceipts for snore money than I actually received from
him. I cannot tell you the amount of those receipts,
but I should say probably for 7,000/., 8,000/., or
9,000/., more than I obtained; and, in fact, I had but
very little.
Mr. JAMES—Does this Mr. Douglas attempt to
prove ? Mr. Niss—Certaibly not as yet.
Examination continued—Of the bills thus given► by
me to Douglas, I understand that some are held by a
person named Sherbourne, a hosier in the Strand, and
that his brother, a small farmer at Hounslow, is said
to have discounted others of them to the amount of
nearly 20,0001. Under these circumstances, I was
advised to file a bill in Chancery to make him account
for their possession ; and this morning I perceive by
the papers that it was set down for hearing this day.
Sherbourne has sued me, but has not yet obtained a
judgment.
After a further examination, the proceedings were
adjourned.