The Sun.
London, England, 1845-04-08 00:00:00

VISCOUNT DUNGANNON V. SMITH.

This appeal from the Master of the Rolls in Ireland was
called on, and partly opened by Mr. Hodgson on behalf of the
appellant, but upon its being discovered that the parties bad
appealed direct from the Master of the Rolls, without going
to the Lord Chancellor of Ireland, their Lordships ordered
the case to be heard before the Judges when they should be
in town.

JACK V. 31‘INTYRE.

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 couB,T.—(THIS DAY.)
The Master of the Rolls took motions and petitions of no
interest to-day.

VICE-CHANCERY.-(THIS DAY.)
Unopposed 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 en his paper,
rise shortly after eleven o'clock.
Nothing particular occurred in Vice• Chancellor Wigram's
Court.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner SHEPHERD.)
IN RE CHARLES MATHEWS, COMEDIAN.
An adjourned hearing in this case of bankruptcy, 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. Messrei Lewis appeared
for the bankrupt.
Ma. RICHARDS, on behalf of a Mr. Greville, claimed a sum
of 560/., which it was alleged the applicant had paid
for 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 claimant to share in the present dividend
was disputed on the ground that the applicant had 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 him to be present, it was, in the
first instance, agreed, on his behalf by Mr. Richards,
that he should be at the expense of another meeting, to be
held in three weeks, providing he gave seven 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 stage 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, for 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 401. alluded to was a debt owing to his brother, the car-
penter of the theatre.
His HONOUR ordered both brothers to be present at the
next hearing, in order to decide the claim.

CRIMINAL COURT.-(THIS DIY
OLD COUR7'.

(Before the RECORDER and Alderman HUGHES HUGHEs
FRAUDULENT BANKRUPTCY.—Robert Bannister was "in
dieted 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. Doane, were for the prosecution.
Mr. Hughes was engaged for the defence.
After Mr. CLARKSON had briefly stated the case,
Robert Cotten, a messenger from the Court of Bankruptcy,
put into Court the proceedings taken before Mr. Commis-
sioner Goulburn in that Court.
Robert Fowles proved that the prisoner traded in Portsea
as a draper. The name " Robert 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 mousselaine de
laines and other fancy goods. They were sold at three
months' credit, from the first of the following month.
Richard Growcock, of -Growcock, Copestoke, and Moore,
',icemen, Bow-churchyard—Their firm had 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/. '2B. 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
May.
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
ray. They were purchased in the usual way in the ware-
house. A portion of these goods were sent to Cockerell'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 examined, 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.) He 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 he examined. One of the ac-
counts in the book is that of Growcock, Copestoke, and
Moore. The balance in July remains at 1451. 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
300/. 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,
but he said they were sold at a loss. Goods, for instance,
bought at 7201. realised only 391/., leaving a loss of 3291. on
the cost price. Goods sent to Bullock cost 3401., and
realised 1821.—loss 158/. That lot was sold on the same
day with the former lot. The prisoner had been in business
in Portsea from the 9th of March to the 10th July. The
stock left on the premises realised about 4,000!. The prisoner
was insolvent at the first hour he commenced business in
Portsea. When witness was at Portsea he discovered that
above five 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 2001. 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 2,5150/., the money to
which the prisoner had alluded. The prisoner had notes in
his cabin behind his looking glass to the amount, of 1504
These were discovered two days after his first examination.
He did not state that that money bad been secreted behind
the glass.
Cross-examined by Mr. HUGHES---He was aware that
goods were delivered after the 6th June. The prisoner left
soteor, n:
Witness—" for Madeira about the 11th or 12th of July.
By the 1-acoßDEß—There is no doubt he left for Madeira.
HUGHES—WeII, ln,
ngi
BY Mr. IluultEs—When I went on board the Grace
Darling, I said to the bankrupt, " Mr. Bannister"—
Mr.t nHe
st; s
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 3,0001. 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 ?timer, rela-
tive to the lattall proceodiggs at &Weir&