The Sun.
London, England, 1842-04-23 00:00:00

CHARTER V. SIR J. TREITELYAN

The further arguments in this part-heard appeal were re-
sumed to•day, but not having concluded at four o'clock, the
farther consideration of the case was adjourned to Monday.

WHITE V. CUDDEN-.JUDGMENT.

Lord COTTENHAM gave judgment in this case, which was
argued a few days since, reversing the judgment of the court
below.

VICE-CHANCELLORS' COURT, April 22.
(Before the. VICE-CHANCELLOR Of ENGLAND.),
CHUBB V. COOPER AND ANOTHER.

This was an injunction bill filed by the plaintiffs,
Messrs. Chubb and Son, of St. Paul's Churchyard, the
well-known manufacturers of patent locks and patent
iron safes, against the defendants, one of whom was a
lock-maker, and the other a factor at Wolverhampton,
and it sought to restrain the defendants from manufac-
turing or selling any locks or keys made in imitation of
Messrs. Chubb's locks, and stamped with their name or
trade marks.

It appeared that the plaintiffs were patentees under
three successive patents, for various improvements in
the construction of locks, called by them, and now gene-
rally known as their patent detector locks. The first
two of these patents having expired, the defendants had
made locks upon those principles, which it was not
denied they had a perfect rig ht to do •, but Messrs.
Chubb's complaint was that the defendants had like-
wise stamped upon their, locks the name of Chubb, sur-
mounted with a crown, and accompanied with other
words very similar to those stamped by Messrs. Chubb
on the loCks of their own manufacture. It appeared that
purchasers had been deceived by the name and marks on
the defendant's locks and keys into the belief that they
were genuine locks of the plaintiff's' make. The way in
which this practice came to the knowledge of Messrs.
Chubb was as follows :—A gentleman of the name of
Jessell, a customer of their house, had ordered his car-
penter to procure and put on several of the plaintiffs' patent
detector locks. This carpenter applied to an iromnon-
monger near by, and he was supplied with three other
locks made by the defendants, and stamped and marked
as above described. The difference was not dis-
covered by Mr. Jessell until some time after ; Mr.
Jessell happening accidentally to apply to one of the
locks the key of a similar lock, to his surprise found that
these locks were next to useless. This circumstance
caused him to complain to the plaintiffs, who obtained
his permission to examine the three locks, and the dis-
covery was made that their customer had been imposed
upon by a spurious article of, interior workmanship.
Upon inquiry, the locks in question were traced to the
defendants, against whom the present bill was filed, and
Mr. Bacon now applied for an injunction, in order to put
a stop to such.a practice for the future.

The defendants, for whom Mr. Hinton appeared, ac-
knoWledged that they had been acting under a mistaken
view of the law, and consented to an order for the in-
junction being made ; and upon the defendants under-
taking to obliterate the plaintiffs' name from all locks
remaining unsold, and to deliver up all punches having
the name of Chubb upon them, the plaintiffs consented
to stay all further proceedings in the suit, for which
the defendants, by their Counsel, expressed themselves
grateful.
An order was accordingly made conformably with this
arrangement.

COURT OF BANKRUPTCY, April 22

WILLIAMS AND MOTTRAM'S BANKRUPTCY.-TILE LINEN•

DRAPERY TRADE.

In this case the bankrupts appeared before the Court
on their adjourned examinations. A large number of
creditors were present.
Mr. Maynard appeared, as on a former-occasion, for
the assignees ; and Mr. Wright, as counsel, assisted by
Mr. Van Sandau, for one or both of the bankrupts.
Charles Mottram examined by Mr. Maynard—At my
last examination I gave an account of the liquidation of
my affairs at the house in Lamb's Conduit-street. The
sum was 7,7041. 12s. 1 Id., and 1,500/. for other property;
and when I left Lamb's Conduit-street, I considered my-
self to be worth 4,0001.
Mr. Maynard—Was there, at that, time, a balance in
your favour ? Mottrarn—There was ; and here I must
complain of certain statements in the public papers.
Mr. Commissioner EVANS —Ne ver mind the papers,
but answer the questions put to you.
The bankrupt Mottrarn—There was 1,8001. went to
Wood-street, and my house and furniture at Highbury
I considered worth something, beside other property ;
making a total, with debts, of about 4,000/.
Mr. Maynard—Where will that appear ?
The bankrupt Mottram—ln my books. The only
means I have of forming any opinion is from the books.
In the private ledger, headed Charles Mottram, L. C. S.,
it appears that I brought into the concern in Wood-
street 1,8361. 10s. 5d., and I was indebted 2,800/. to my
father-in-law, the whole of which remained when the
balance of 1,8361. 10s. 5d., was made up. The means I
had to pay the debt due to my father-in-law consisted of
the balance of 1,836/. 10s. 5d., 2,776/. Bs. 10d. uncollected
debts due to me from Lamb's Conduit-street, and my
property at Highbury, which I considered worth from
1,200/. to 1,5001. The state of my private account with
Mottram and Moore at the time I stopped payment was
a balance of 7041. ls. 10d., and a family account for dra-
pery of 'about 2GO/. The account produced by Inc at a
former examination shows how the balance of 7041. is.
10d. is made up. In that account I give credit for
two acceptances of Mottram and Moore for
750/. each, part of which, I believe, is now owing
to the parties now holding these acceptances.
The bill of 337/. 10s. 6d. was not paid to Dixon and
Co., but was the amount of a returned bill, which we
paid.

After that sum I find a bill, as paid to Knowles,
. _ _

of 3371. 10s. 6d. I believe that sum to be the amount o
a bill for 3371. Bs., and 2s. 6d. for noting.. There cer-
tainly was a payment made to warrant the entry of 3371
10s. 6d. I cannot tell to whom that bill was paid. I be-
lieve to .114ennah and Lawes, or to S. F. Stephens. lam
sure to one of them. _

Mr. Maynard—On lookinz at these books, it appears
the bankrupts have taken credit for that bill twice, and
would have to account for the extra amount in the
balance cash-book ; we have it in the sum of 1,9321., and
afterwards find it entered as a bill of 3371. 10s. 6d.
Mr. Commissioner EVANS—In these books it certainly
appears to be entered twice; on the 29th October it is
entered 337/. 10s. 6d., and added up on the amount of
1,9321., and after that you have it entered 3371. 10s. 6d.
The bankrupt Mottram—lt appears to be entered
twice, but'if so, it is erroneous ; 1 am sure it was not
paid twice.
Mr. Maynard—Can you state what you paid Dixon
and Co., after the 28th of October, on Mottram and
Moore's account ? The bankrupt Mottram-1 think
about 3,200/. and 5401. on the 27th of October. They
did not owe us any money, but we did them. My part-
ner, I believe, made a sale to Messrs. Cowper in October.
I believe about the 27th or 28th, though the goods are
entered on the 26th. The amount stated is 155/. 17s.

Mr. Maynard—Was the rate entered in your books a'
he time it was made ?—I believe not, Sir. It was en.

tered in our books, when we made them up after the
bankruptcy, but it is usual, and might have beeu made
in a memorandum-book or on a paper. Mr. Williams
would have to make it. The date now stated is the 26th,
but, as I said betl)re, I believe that to be erroneous, as
the fact was the sale was made on the 27th or 28th. The

money, I believe, was paid fur those goods. The receipt
or the money was not entered at the time. Ido nut
know whether these goods • were sold at • profit or loss,
as tdo not know the cost price, or the price at which
they were sold. The gross amount received for that.
sale came into our concern, and has since been disbursed.
Mr. Maynard—What did you draw out fur yourz.elf
on or after the 6th of October ?—About 1,3001. ; I drew
that out to pay debts I owed, principally private debts,
and fur hotu,keeping,. I drew that sum on the Ist, 2d,
and 3d of November, to pay my private debts.
Mr. Commissioner EvANs—Dbt you ever draw out so
large a sum before ? that is the question. The bank-
rupt—Never be!om

kr. CoMMissioner EVANS—Then why did you do it
on the present occasion ? The bankrupt—l knew I
owed private debts, and saw my difficulty on the 3d of
the mouth, which was the reason why I did it.
Mr. Commissioner EvaNtsllid you think you would
be a bankrupt ? The bankrupt—l did not, Sir. In con-
tinuation, to answers put by Mr. Maynard, he said—
I made a payment. on or about the 2d or 3d of November,
of 2581. I Is., a bill of George Austin, of Gloucester-
street, Queen-square, which he had accommodated me
t‘ith. The bill was not then due, but would be dire in

January ; it waA an accommodation acceptance of
Austin to us. I gave the money to my brother, Mr.
Pryce Mottram. I have charged myself individually
with that 2581. I Is., but it is not included in the 1,3001.
A clerk of our house took the bill up. I made a pay-
ment to Turner and Heitsman about' this period, No-
vember 2. of 1,000/. on account of loans to our firm on
the 9th and 14th of October. The receipt of those loans
were not entered in the cash-book at the time ; they were
in the banker's. book ; in tact, the money was paid into
the hanker's. Made a payment to Messrs. Bennett about
that time. We gave him 184/ Cs. 3d. in bills. He did
not show us the bills. On the 4th of November I paid
Mr. Richardson 186/. Cs. 9d., for services and balance of
account, which appears in our books. The accounts I
have put in to-day will show how I disposed of the 1,300/.
The state of Our accounts with Turner and Ilenaman is,
that we now owe them 1,1231 12:-L 3d., a cash account,
Independent of charges for costs, &c. They have secu-
rity for it.

Sir. Commissioner EVANS—You say here in your
separate balance-sheet, that from DeCember to tne pre-
sent time you have been living at the rate of pO/. a-year
out of the money you have pocketed from your creditors.
The bankrupt Charles Mottram—Yes ; but I had 14
children to support ;
Mr. Commissioner Itii]lveAyN (s.osualiddn, not
thsatt wasarve. always the
plea ; there was no necessity for it, if the bankrupt had
himself properly.
The bankrupt Charles Mottram said, the assignees
would allow him a farthing.
conductednot
Mr.
Commissioner EVANS—Although this may be the
case, you ought not to support your family at the
expense of your creditors.
Mr. Maynard said, the assigness could not in justice
to themselves allow the bankrupt anything, his conduct
as a tradesman had been so disgraceful. When he came
and represented that ho had not a shilling, he must have
had the money in his pocket at time very moment.
The bankrupt Charles Mottram, examined by Mr.
Maynard.---J do not recollect a sale to Lewis and Allenby
in the month of November, nor the receipt of the money.
Mr. Maynard—This transaction does hot appear in
the books,. either in the shape of a sale or a receipt for
money.
The bankrupt Williams examined.—l sold the goods,
but I never received the money. I have heard or this
subject before.
• Mr, Maynard—From whom ? . The bankrupt.. Wil-
liams—From Mottram; he told me he received the money
from Parr. (Murmurs ran through the Court.)

The bankrupt Williams (addressing the Commis-
sioner)—You see, Sir, I am here in a very painful situa-
tion; I must either disprove what my partner has already
testified, or stand a perjured man before you.
Mr. Commissioner EVANS-It IS SO; but you must do
your duty to yourself, the Court, and the public.
The bankrupt Charles Mottram, recalled—l do now
recollect the sale to Lewis and Allenby. The money went
into the countinghouse. It was the sum of 281., but
was not entered in the books. It forms no part, to the
best of my belief, of the monies I drew out.
Mr. Commissioner EVANS—Do you think that is the
only omission? The bankrupt—l believe it to be so.
Mr. Commissioner EVANS told the bankrupt he would
have to give credit for it. The whole case was one of a
most outrageous character. Here were they charging
21,5001. expenses, 7,4001. for their own expenses, while
their profits were only 5,7831. If there was any further
concealment, they had better at once disclose it.
_ _ _ _

The bankrupt Williams (examined by Mr. Maynard)
—I recollect the sale of goods to Messrs. Cowper. Mr.
Mottram returned on the morning of the 27th, the day
the goods were sold, from Manchester, and he was pre-
sent at the time of • the sale. They were sold for
5561. 17s. I think there was a loss upon them of 15 to
20 per cent., but I cannot state exactly. They were
various kinds of goods. On the 27th of October I know
our credit was gone in the French market, we having
received a letter on the 22d, stating that goods which I
had purchased would not be sent. That letter, I believe,
was -destroyed. Mottram was present when that
letter was destroyed. The money for the goods sold
to Cowpers was received on that day or the
following morning. The sale of those goods was
not entered in our book. The reason why the entry was
not made was because Mr. Mottram and myself divided
the money. I mean we divided the identical money.
On the Ist of November I knew our firm would not
continue its payments. I received goods which I had
purchased in Paris on the 3d of November. Mr. Mott-
rain announced to me officially, as I may term it, on the
Ist of November, that we could not go on. On the
evening of the 3d of November (the same day the French
goods came in), we made a sale of French shawls to
Martin, Abbott, and Co., of Aldermanbury, I think to
the amount of 9061. Ido net think there was a great
loss. It might have been 10 or 12i per cent. We were
paid the following day. That sale was not entered at
the time in the books, nor the receipt of the cash, and
the proceeds were appropriated in the same way as the
money received from Messrs. Cowper. We had, three
months prior to our stoppage, made forced sales in the
same way to meet our payments. I recollect a sale we
made to Spence and Baggeley about September 12th, to
the extent of about 2,0001. We had orders from the
counting-house, when we were pressed for payments, and
hence it was that we were obliged to absorb the stock in
proportion to meet them. Mr. Pryce Mottram bought
goods after he made the communication to me on the
Ist of November. At. these times, when we divided the
money, as stated, the amount was entered, but not as we
received it. Other entries were substituted, instead of
the lumping sums, falsely stating what the money was
appropriated for. Mr. Mottram and myself did that in
Mr. Mottram's private counting-house. The disburse-
ment of the money I received will be shown in my cor-
rected private balance-sheet, part of which I have handed
over to the official assignees, viz. 2001.
The bankrupt Williams, in answer to further ques-
tions said, that with respect to the execution put in
by Mr. Moore, Mr. Mottram's father-in-law, he heard
Mr. Mottram say, " Now, Sir, you must never allow that
this was concocted between us, but you must say that
you came into the City and heard accidentally that we
were in difficulties, and then went to your solicitor and
entered up the bond." That was the first time I ever
heard of a bond being in existence, for you will under-
stand it was a matter of discussion when we first entered
partnership, whether any one of us had given a bond,
and it was said not.

Mr. Mottram, who had been reading his depositions
during the examination of Williams, said that Mr. Wil-
liams had in his evidence called to his (Mr. Mottram's)
mind that he had received money from Parr, who had
been paid by Lewis and Allenby. He admitted it sub-
sequently, and wished his deposition to so accord.

Mr. Commissioner EVANS. told Mottram there was
still time for him to make a full and true disclosure, and
he hoped on Thursday, to which day he should adjourn
the case, he would do so. He could not but say that the
affair of the salary-book pressed much on his mind ; it
was quite absurd to speak of the amounts of the ex-
penses as 21,0001.
The examination was then adjourned, it being after
four o'clock.

The total of debts proved up to the present date is
77,717/. 18s. 3d, and the assets realized up to the date of
the audit, the 23d of March, 7,8271. ss. 3d.

THE WAR. IN AFFGHANISTAN.
(From the Caledonian Mercury.)
We have been favoured with the following interesting
communication from India, by the kindness of a gentle-
man resident in this city. It is written by Dr. Harper,
64th Regiment, and dated
" Camp, Kuwulnir, Jan. 31, 1842.
"My dear Brother,-1 wrote to (another bro-
ther) last month, but God knows if ever it reached him
—the safe conveyance of letters from this place being
very uncertain, owing to the very disturbed state of the
country. I have just returned from a miraculous escape
of being both starved and shot. Ido not suppose that
two regiments ever made so narrow an escape ; but I
must give you a description of it, that you may be able
to understand it. Our brigade arrived here on Christmas-
day, consisting of four corps, a company of sappers and
miners, a company of artillery, and a risallah of local
horse ; but we found that the whole country was up in
arms againstus—that is, through the Khyber Pass, which
I dare say you have heard a great deal about. Well, our
brigade being totally inadequate to force it, we made up
our minds that we would be kept here until another
and stronger force joined us, which were on their
road through the Penyously. However, one fine even-
-41,g, when we were all sitting at mess very comfortably,
about eight o'clock P.m., in came, an order from the
secret and political authorities, ordering two corps, viz.,
ours and the 53d, to get under arms with the least pos-'
sible noise, and march that same evening at ten o'clock
p.m.,. towards a fort called Alli Musjid, situated sixteen
miles into the Whylia Pass. Never was such a mad
project attempted. Thanks to the accursed stupidity of
our politicals, even the Khybers themselves did not sup-
pose that we were such idiots, as was evidently shown
by their not having the slightest idea of our intended
advance. We marched all night, having had only three
shots fired at us, and reached the fort, our place of desti-
nation, about eight 'o'clock next morning. By this time
the enemy discovered our trick, and began to collect in
considerable force. There was some sharp skirmishing.
However, we took the fort, having had only twelve men
wounded—one officer severely. We got securely into the
fort, and crowned all the heights around; so that we were
safe enough from the fire of the enemy. But alas ! .we
found that we had only four days' provisions. The fort
is one of the most miserable places you can imagine.
No shelter whatever ; and we were not allowed to take
our tents with us—so that the privations we suffered
were beyond all description. In the first place, we were
put on half rations of the very worst kind, and we were
obliged to sleep out under the wide canopy of heaven for
eight nights, with the rain pouring incessantly on us,
and with a temperature below freezing point. The fol-
lowing morning, after we left this place, the other two
regiments, with the artillery, sappers, and miners, &c.,
attempted to force the pass to come to our assistance,
but the whale country was up in arms, and they were
repelled at the , very entrance of the pass, with great
slaughter. They made the same attempt two or three
successive days, but with like ill fortune. Our brigadier
and the major of brigade at the very first onset, together
with some 15 or 16 officers, and God knows how many
men, finding that it was impossible to come to our
succour, and knowing that we must be soon starved
out, the politicals offered the Khyber chiefs 5,000/.
sterling to allow our two corps to return ; but
SO exasperated were they at the trick we had
played them, that they answered " No, you may give us
your money, but we will cut the throats of every one we
have secured in the fort." You will see that we were
rather in an unpleasant situation. We remained in the
fort for nine days, until we had not a single scrap to
eat; and not seeing any.assistance coining to our aid,. we
were compelled to come to the determination of cutting
our way back. On the morning of the 25th:instant we
sallied out, but had not got outside the fort when a volley
opened on us, from wheme we knew not, every man
being behind. a rock, with a rifle in his hand of up-
wards of six feet in length. Our muskets had not the
slightest chance with them. They could knock us
over at a distance our musketry had not the slightest
chance of reaching. This destructive fire was kept up
during the whole of. the long march ; anti when we
had got about half way through the pass, we found it
was stopped by a wall of twelve feet high and about ten
broad, of blocks of rock intermingled with thorns. Here
we were at a stand, with the murderous villains pour-
ing their unceasing fire on us. We immediately, _
how-
ever, got up the sappers and miners, and blew up and
pulled down the obstruction. Most fortunately for us, the
force that u e had left here concluded that we must make
the attempt, on that day, to cut our way through, and
they made a demonstration at the mouth of the pass,
and, entering it, and • crowning the heights about the
mouth of it, kept up a perpetual fire ; otherwise every
man of us must have been massacred. We, however,
arrived here about three o'clock, P.M., although with
fearful loss. We had in our own corps alone 178 killed
and wounded ; the 53d Regiment about as many ; and,
I suppose, out of the whole brigade, not less than 600
men, and from 20 to 25 officers killed and wounded.
" I was walking at the head of our regiment with the
commanding officer, as good a fellow as ever lived—a
Scotchman ! (he and I were bosom friends), and Lieu-
tenant ltattray. The balls were whizzing about us like as
many peas—men falling on all sides of us—when poor
Wilson remarked to me, Isn't it wonderful that we three
have escaped all these alls so long ? "The words were
not well out of his mouth, when a ball struck him on
the left breast and came out at his back-bone. He im-
mediately fell. I lifted him up, but lie never made the
slightest attempt to speak, and died almost immediately.
I had scarcely ordered him to be carried off, when a
ball struck Rattray, entering the fleshy part of his fore-
arm, passing throfigh,_ and it was found the next
morning flattened, and deeply imbedded in the hilt
of his sword. But for. this he must have been shot
dead. He is, however, doing well. But poor Wilson's
death is one of a most melancholy description. He had
just returned from England with a most beautiful lady
—his wife. I delivered her of a son and heir at Feroze-
pore. They were the happiest couple I ever saw. But,
poor fellow ! he seemed to have a presentiment that he
was to fall. He said to me when we were in the fort,
Harper ! if anything happens to me write to my poor,
poor wife.' I pretended to laugh him out of it. He
said, I'll do the same for you should anything happen
to you.' Poor lady ! what a trial it will be for her
when she gets my letter. I think I forgot to mention
that we lost all our baggage, horses, &c.. They all fell
into the hands of the enemy. I lost every article I had

with me ; and what
.I regret most is the loss of two beau.
iful Arab horses that I would not have taken 1501. for.
Well, here we are waiting for reinforcements, which wil]
alive in a few days, when we are again to attempt
-,o force the paSs, although it is the act of madme)
to attempt it with any force, as there is no climb'
but one thousand determined men could hold ii

against any force we could bring against theM. The
most frightful sight throughout the whole day's en-
gagement was just as we were ,ifetting out of the pass.
Captain Locke had crowned a height with his company,
and after getting fairly possession of it, he ordered his
men to advance to take another hill. They, had not left
him one hundred yards, when two or three of the enemy
rushed in on him. He fired his pistol at one of them,
but unfortunately missed him. They immediately car-
ried him off to a high hill, and, in sight of us all, stripped
him naked, and. then cut his throat, severed his head
from his body, and carried it away, a very considerable
reward being given by the chiefs for every Faringee
(European) head. Of course you have heard of our
awful disaster in Caubul. Our army there has been mas-
sacred almost to a man. God know what steps the
Government will take when they hear of it. I supose
I have given you enough of this. I have' upwards of
200 patients in the hospital, so that every hour of my
time is occupied. Lots of surgical operations to per
form. What think you of taking off five limbs in one
day ? lam regularly fagged, and what is worse still, I
have pricked the middle finger and thumb of my right
hand, so that I am nearly unable to hold the p4ll,
although I have wrote you such a long letter. lam
very uneasy about my fingers, as I am afraid some putrid
matter has got into the wound."