The Sun.
London, England, 1845-10-23 00:00:00

LAW INTELLIGENCE

COURT OF BANKRUPTCY, Oct. 22.
(Before Mr. Commissioner EVANS.)
WESTRUP AND COCKSEDGE'S BANKRUPTCY.
The bankrupts in this case were flour factors and biscuit
manufacturers, carrying on business at New Crane Wharf and
Northfleet. Cocksedge has obtained his certificate, and
Westrup now applied for his.
The application was opposed by Mr. Cook, and supported
by Mr. E. James.
The grounds of opposition were, the generally fraudulent
conduct of the bankrupt towards his partner Cocksedge, and
the consequent sacrifice of the creditors. It was al-
leged, that although the business was in an insolvent
state when Cocksedge was induced to join it, West-
nip made representations that his affairs were in a flou-
rishing and progressive position. Under these circum-
stances Cocksedge, after having advanced a considerable
sum of money, purchased for upwards of 3,0001, the re-
tiring partner's share, and it was then stated that a firm of
the name of Finnis and Fisher owed the concern 1,750/. It
however subsequently appeared that such was not the case,
and that the firm of Westrup and Co. were its debtors for
500/, which sum Westrup actually paid them. This con-
duct was alleged to be grossly fraudulent towards Cocksedge,
who, in the course of his partnership, had allowed about
32,000!. to be raised by morteage on his property in Bury
St. Edmund's, a great deal of which had gone for the pur-
poses of the firm. The bankruptcy was for 18,0001., and a
dividend of is. 6d. in the pound had been paid. There were
other allegations against Westrup, but on this charge of
fraud rested the weight of the case. The prayer of the op-
ponents was that the bankrupt be refused his certificate
altogether, as he was cot a fit person to be allowed to enter
into business.
Mr. JAMES said lie hoped witnesses would be called to
prove these allegations. The opposition, though represented
to be that of creditors, was in reality the opposition of
Cocksedge. Cocksedge ought at least to be called, and his
examination would soon show what weight there was in the
allegation of fraud.
Mr. Commissioner EVANS SLid the charge of fraud was
borne out by the proceedings. He, therefore, saw little use
in having Cocksedge examined. He would, however, give the
bankrupt Westrup the opportunity to examine Cocksedge by
granting an adjournment, but the expenses could not be paid
by the estate.
11Ir. Jaams regretted to hear that from the Commissionef.
He hoped by examination to have removed the charge of
fraud from the bankrupt.
Mr. Commissioner EVANS said it appeared clearly on the
proceedings that the bankrupt Westrup had represented
Finnis and Fisher to be debtors to the cencern for 1,700!.,
whereas, on the contrary, they were creditors for 500/, which
500/.- Sad been paid; and nothing of this was brought to
light till it was investigated by the official assignee. Cock-
ssdge knew nothing of this, and if he was called it was not
likely they would hear that he did. To have consented to
join such a person in a state of affairs of this description
would have proved him a fool—an idiot. Although it might
be said that Cockseege had been in some measure indiscreet,
still he ought to be protected. He would therefore not make
the adjournment without Westrup bore the expenses.
Mr. JAMES said, the bankrupt could not afford to do that,
and it was pressing hard upon him to require it.
Mr. Commissioner EvANs replied that as he considered the
bankrupt's conduct to have been grossly fraudulent, he should
make no other proposition. Even had Cocksedge consented
to the fraud, it remained with the Court to consider what the
conduct of the bankrupt had been in his dealings.
Mr. JAMES feared there was little use in proceeding with
the case if his Honour had made up his mind.
Mr. Commissioner EVANS said, the fraud was so self-evi-
dent that there was no other alternative. If the creditors
were satisfied, they could remise the bankrupt. There was
the offer open of adjournment, if he chose to accept it.
Mr. JAMES hoped the Court was not giving a hasty de-
cision.

Mr. Commissioner EVANS said that was scarcely possible.
lie had had the case under'his attention since October, 1844,
and every time it came beforehim he was the more convinced
a the fraudulent nature of the bankrupt's conduct. Under
these circumstances, he felt it was his duty to the public to
refuse the certificate.—Certificate refused accordingly.
PETER BORDENAYE'S INSOLVENCY.
In this case the insolvent was described as a gentleman
without occupation. Ile had incurred a large amount of
debts without assets to st.tisfy them, and as it appeared his
prospects in life never warranted the accumulation of liabili-
ties arrayed against him, the Court ordered his petition to be
dismissed forthwith.
The other cases heard were not of the least importance.

POLICE INTELLIGENCE.
MANSIUN-HOUSE.
John Spillard was charged with having pulled the nose of
John Chick Worthington, in the neighbourhood of the Stock
Exchange.
Mr. A\ orthingtor, a dealer in raw silk, stated that on
Friday week be went to a broker in Bartholomew-lane, and
askeda gentleman with whom he entered into conversation
the price of certain shares. The gentleman beckoned to the.
defendant, as a person who could give the information, but
he (complainant) declined having any communication with
the defendant, who asked the cause of such refusal, and com-
mitted the degrading assault attributed to him.
The complainant, in answer to a question, said that he had
not called the defendant a scamp until the defendant had taken
him by the nose.
S. Worthington, braher to the complainant, stated that
the defendant committed the assault upon the complainant's
refusal to do any business with him.
The defendant declared that he had treated the com-
plainant with the indigni y described because the provoca-
tion given was one of the most insupportable insults. The
complainant had, without rhyme or reason, applied the name
" scamp" to him, and the act complained of naturally fol-
lowed such a description.
Mr. Taylor stated, that Mr. Worthington asked him the
value of some shares, and, as he did not know, lie called to
Mr. Spillard to supply the information. When Mr. Spillard
approached, Mr. NN orthington said, " I want to have nothing
to do with you," and called Mr. Spillard a d—d scamp,
in a voice quite loud enough to be 'heard by these around,
upon which the operation of pulling the nose was instantly
performed, very much to the dissatisfaction of the party re-
taliated upon.
The Lunn MAYOR said, the assault was clearly proved,
and he should hold the defendant to bail in the amount of
201., to answer the charge at the sessions.
GUILDHALL.
Dryden Elstob, a young man of respectable connexions,
and dressed as an officer of her Majesty's Navy, was brought
before Mr. Alderman Wood for re-examination, charged
with being a deserter from the 3d Regiment of Dragoons.
William Ledbam, a city police-constable, stated, that as
he was passing through•Newgateastreet on Monday he met
the prisoner, and recognised him as a person who had been
advertised in the Police Gazette as having deserted from the
regiment in Ireland about two months ago. Witness was
formerly a private in the same regiment, from which the
prisoner had deserted twice before.
The prisoner, assuming a tone of high indignation, assured
the magistrate the policeman was totally mistaken. He never
was or wished to be a soldier. It was a most scandalous pro-
ceeding to drag a gentleman to a police-office in this way
and falsely charge him with beinga deserter. He could refer
to Mr. Jeremy, the magistrate, and many other gentlemen,
who knew him.
Mr. Alderman Woos asked the policeman if he was not
labouring under some mistake, here.
The policeman said he was not. He had been in the same
regiment two years with him. He could find a sergeant of
the regiment who would know him.
The prisoner looked at the policeman with astonishment,
said it was all false, and he was a perjured man.
Mr. Alderman Wools observed that the policeman could
hardly be mistaken ; but he would let the case stand over for
a day for further proof. s
Yesterday, when the prisoner was again put to the bar, he
was confronted with a recruiting officer from the regiment,
who is in town, who positively identified him, and the prisoner
no longer resisted the charge.
Mr. Alderman Wool) committed him to the Compter for
safe custody till demanded by his regiment.
WORSHIP-STREET.
A middle-aged man of very respectable appearance, named
Thomas Giles, was placed at the Par before Mr. Broughton,
charged with stealing a quantity of household furniture, the
trust property of Mr. James Van Somer, of Upper Clapton,
secretary to the Stock Exchange.
Mr. Van Somer stated that some time back the prisoner
made application to him to become tenant of a furnished
cottage at Upper Clapton, forming part of the estate of a
lunatic, of which he was trustee, and the references the pri-
soner gave appearing to be in every respect satisfactory, he
agreed to let him the house at a rental of 50 guineas per
year, the prisoner paying one half-ye ar's rent in advance.
Possession was taken of the premises, snd nothing whatever
occurred to cast a doubt upon the prisoner's respectability
until about a fortnight ago, when witness i eceived informa-
tion that the house bad been deserted and shut up; and on
his recovering possession of it he found that a large quantity
of the furniture and effects which lied been let with it, con-
sisting, in fact, of ahnost everything that could be well re-
moved without exciting suspicior, had been carried off. He,
in consequence, gave immediate information to the police of
the robbery, and on the preceding evening he had been ap-
prised that the prisoner was in custody.
Police-constable 94 N, stated that he had been engaged in
unremitting exertions to trace the prisoner's retreat ever
since the 9th instant, but unsuccessfully until the preceding
evening; when, while passing down Newgate-street, he ac-
cidentally met with him, and took him into custody. On
being informed of the charge against him, the prisoner at
once acknowledged that the property had been unlawfully
dispcsed of, and handed him 18 duplicates relating to a por-
tion of it. which had been pledged at the shops of different
pawnbrokers.
In answer to the charge, the prisoner disclaimed any
fraudulent intention in the conversion of the property, and
Leen apprised that two 'sheriff's officers
intgfor him in an adjoining house,the servants
said that his motive far absconding was to avoitt an arrest
floverrielelbyti,nlgie
inhawvai
of which were conniving at their proceedings.
Mr. 131iOUGHTON c:;usidered that a Wrung facie case of
felony had been established against the prisoner, on which
it was his duty to commit him to prison, but as some formal
confirmatory testimony was requisite to complete the charge,
he must be brought up again on that day week for its being
taken.
Elias Phil, a boy only l 2 years of age, was then placed
at the bar, charged with having stolen a quantity of jewellery
and numerous other articles, the property of his father, a
tradesman in Gloucester-street, Iloatim.
The father, who was much affected, said that the prisoner
had exhibited a most unaccountable propensity to thieve
for a number of years past, and that although every effort
had been used to reclaim him, it had been entirely
that lge had forced open
several drawers and stolen a number of seals, rings, brooches, with him, the
i
unsuccessful. About a week ago it was discovered that he
had suddenly absconded front home, and it being surmised
itilioautsehlevahaaedxammoisnte(pi,rol,b,hatbnlyitt‘acaksellnausolndl thetha
and numerous articles of wearing apparel, altogether form-
ins: a large bundle, with which he had decamped. Informa-
tiOn was forwarded to the police, and a search was kept up
after him for four days, but he had contrived to elude pur-
suit until the preceeding evening, when he was taken by
a policeman, who found upon him the remainder of the
stolen property, consisting of two bracelets, three gold
brooches, two ear drop,
_five books, and five silk handker-
chiefs: It then appeared that the little rascal had been
f.
w of the article.? each day and supporting himself ou the
gradually decreasing Ins stock of plunder by disposing of a
pros: eds.
• A watchmaker named King, in the Eingsland-mad, pro-
duced one of the stolen broaches, which he had purchassed
from the prisoner on such an artfully concocted story as to
disarm the wittness of all suspicion.
'Mr. Ilnoccarroar feelingly impressed upon the prisoner the
ruinous consequence s of the course he had pursued, and put
it to his father, whether it was his intention to prosecute his
son?
The father said, that the incorrigible depravity of tl e lx y
had almost broken his mother's heart, and although it w:
extremely painful to his own feelings, lie felt compete 1 to
persevere in the prosecution, as it was evident the pr. a mcr
was thoroughly hardened and irreclaimable.
The prisoner, who declined saying anything hi answer
to the chary, was then ordered to be committed to priatm