Star.
London, England, 1819-04-20 00:00:00

Lsw .
LAW INTCLLIGENCE.

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COURT OF ICING'S BENCH, APRIL 19.
THE KM, ON THE PROMOTION OP JAMES BROOKS
AND OTHERS, AGAINST WM. FIRTH, JOHN TATE,
lEHOMAS HODGETTS, JAMES DROWN, WM. SHER-
WOOD, WM. BROOKE, JOSEPH TAYLOR, JAMES LAW,
JAMES DIGGERS, DAVY, THOMAS SHAW, AND
gLAMEd TAYLOR.
This was an indictment charging the- defendants
with conspiring to defraud the creditors of John
Smith,. late of Holmfirth, in the county of York,
clothier and chapman, by fabricating diverse pro-
missory notes and bills of exchange, prior to the is-
suing of a Commission of bankruptcy against the said
John Smith. There was also another count, charg-
ing them with procuring the said notes to be fabri-
cated for the same intent, after the issuing of the said
commission; so that the indictment included those
who had been involved in the conspiracy both before
and after the commission of bankruptcy issued.
After.thopleadings had been opened by Mr. Pun-
that gentleman informed the Court that James
Taylor had died since the indictment had been insti-
tuted; and that Thomas Shaw had suffered judg-
ment to go by default. The other defendants pleaded
Not Guilty ; of these William Firth, John Tate,
Thomas Hodgetts, William Brooke, James Law, and
Joseph Taylor, were in Court, under the custody of
one of its tipstafEs; the others were at large upon bail.
The prosecution was conducted by Messrs. GUR-
NEY, PML AR. and DENIM AN. The defence was con-
ducted, on the part of Hodgetts, by Mr. CURWOOD ;
and on rho part of Biggers, Brown, and Firth. by
Mr. BARRY. The rest of the defendants had no legal
advisers.
This case, which illustrates many of the defects of
the existing bankrupt laws, will be best understood
by the evidence which was given by the different wit-
nesses on the trial. It serves as an useful example
to shew how the laws may be perverted to defeat all
the ends for which those very laws were enacted,
and exhibits in the strongest light the hideous mass
of fraud and perjury which so frequently occurs on
the examination of bankrupts.
Mr. GURNEY stated the leading circumstances of
the case in a neat add luminous speech, and the first
witness which he called to establish them was Mr.
John Pullen, the Solicitor who had sued out the
commission. This gentleman stated, that he was a
solicitor, in Fore-street, London. On the 18th of
October, 1817, John Smith came to ask his advice
as a professional man, and stated as his reason for
doing so, that the bulk of his property was under an
attachment for a debt due to a Mr. Ryder, a ware-
houseman and faetor, in London, a circumstance
which he afterwards discovered to be fact. In con-
sequence of that communication, he advised Smith
to contest the attachment by hailing it out, and re-
commended him to give in to him (Mr. Pullen) a list,
of his creditors, in order that a meeting of them might
be called before a commission issued. The witness
did this from an idea that Smith was not so much
embarrassed as he afterwards turned out to be. At
this first meeting Smith came alone, and witness told
him that unless he could dissolve the attachment, a
commission of bankruptcy was the only remedy to
which he could have recourse. A week after this he
came again to Mr. Pullen, but did not at that time
produce a list of his creditors. At this meeting, with-
out any advice from the witness, Smith said that he
had spoken to his creditors, and that the principal
man among them had determined to call upon him
(witness) in consequence. On the 6th of November
Mr. Hodgetts called upon him, he represented him-
Self as a creditor of Smith, and said that he came to
consult him about Smith's affairs. Witness advised
that bail should be put in, because in that case the
property might be restored ; but it appeared that
Smith was so dreadfully embarrassed, that nothing
was left for him but a commission of bankruptcy. At
this meeting he took instructions for an affidavit of
debt, by which Hodgetts was to appear as the pe-
titioning creditor. The debt was made up of goods
and cash. The affidavit was sworn, and the com-
mission issued. The witness then detailed the pro-
ceedings under the first and second meetings. At
the latter the three defendants, Brown, Hodgetts,
and Sherwood, were chosen assignees ; and Mr. Dun-
can and Mr. Lockwood, two bona fide creditors, were
rejected. At the third meeting the balance sheet was
produced by Tate, who had been employed by the
bankrupt to draw it up. During that meeting wit-
ness observed Hodgetts, Brown, and Sherwood toge-
ther with the bankrupt, conferring and whispering
in corners, and he suspected that he had been de-
ceived, and that foul play was going on. He did not
recollect whether the bankrupt ever swore to the ba-
lance sheet ; he was sworn to speak the truth gene-
rally. After the third meeting, several private meet-
ings took place, when Tate and Shaw were examined
to sbpport the debt to which Hodgetts had sworn.
In consequence of that examination a report was made
td the Chancellor, the commission was superseded,
and Hodgetts was decreed to pay the costl of all the
proreediugs.
Mr. John Pullen, the younger, produced the pro-
ceedings under the commission, in order to shew the
names of the persons who had proved, and the
amount and nature of the debts.
John Smith, the bankrupt, examined by Mr. Poi,
LER.—In 1817, he carried on the business of a clo-
thier, at Holmfiith, near Huddersfield, in Yorkshire.
In August of that year he came to town. He lodged
at Mr. Fleeting's, in St. Martin's-le-Grand. He came
on the subject of some bills that had been drawn by
him and accepted by Gabriel Jacob. Mr. Ryder, a
factor, was the holder of one of them. Witness had
sent up cloth to meet the bills, which had been dis-
honoured. The cloth was attached by Ryder. A
Jew days after witness came to town, he went to the
Moachmakerst Arms, a Yorkshire house. There he
met the defendant Firth, who was a Yorkshireman,
and who was then lodging there. Firth proposed
that the witness should lodge with him, which he
agreed to do. They slept in a double-bedded room,
and witness continued to lodge there until he went
into Yorkshire. lie brought no money with him,
but sold some'cloth, and raised about £l6O. He
placed part of it, 'about £9O, in the hands of Mr.
Tucker, of Noble-street. On going to the Coach-
makers Arms, he told Firth the state of his affairs.
Firth advised him to be made a bankrupt immedi-
ately. He offered to get " some chaps" to prove
debts. lie said, that the witness might keep the pro.

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himself, or do as he Ingrid with it• nth odds
petty
had been a bankrupt three times. • Thomas Shaw
had been the petitioning creditor ist the last commis-
sion against him. John Tite proved the act of bank-
ruptcy. Shaw, who was present at this conversation,
told witness, that he had £lO for being petitioning
creditor. • It was nearly two months before witness
would consent to be bankrupt. Firth, howeier, re-
newed the advice he had given him, almost every
night ; he said, that Thomas Shaw would be the pe-
titioning creditor, if witness would consent to it ;
witness owed Shaw nothing ; 'lse had seen him once'
or twice with Firth, but did not know him before.
In October witness received more cloth from York-
shire, which was placed in the hands of Mr. Walters,
of London-Wall. In the mean time he had been en-
deavouring to effect an arrangement with Gabriel
Jacob, but could not succeed. Twelve out of the
fourteen pieces of cloth got into the hands of Ryder.
Mr. Walters then desired witness to go to an Attor-
ney to see what was best to be done. Firth advised
him to go to Mr. Pullen. Witness saw Mr. Pollen,
and then saw Firth again, and said he would be a
bankrupt, as he should not otherwise get through
his difficulties. Firth said, he would find a man who
would be the petitioning creditor. At the Coopers'
Arms, in the neighbourhood, Firth introduced him to
Shaw and Tate. They went into the parlour, when
Shaw said, it would not do for him to be the peti •
tioning creditor, as he stood in that character under
Firth's commission, but he would get a man to do it
for £lO. Witness had heard that Tate had 40s. for
proving the act of bankruptcy, and Firth told himl
that Tate would do the same thing for him, if he
would give him 4os. Firth and witness went to Sa-
muel Luckton, in the City Road. Firth informed,
Luckton, that witness was going to be made a bank-
rapt, and that he wanted him to accept a bill for the
petitioning creditor's debt. Luckton said, he would
not do it for £lOO. On the Monday after, Firth andi
witness went to the Coopers' Arms. Shaw, Tate,
Hodgetts, James Taylor, and James Law, were there.l
A conversation arose about getting a bill accepted
to prove the petitioning creditor's debt. It was com-
municated that Luckton had refused, when Shaw
said, that witness should not be fastened for that, as
he would do it, or procure a man to do it, for three
guineas. Tate went for a stamp, for which witness
found the money. The bill was drawn ; but it was
not written in the room where Hodgetts was ; he
said it would not do for him to be present. It was
written by Firth ; witness signed it, and Law accept-
ed it; it was then taken to the room where Hodgetts
was. It was to become due a day or two after that.
Witness, two or three days after, paid Law three
guineas in gold. Ile borrowed the money of Joseph
Stead, of Huddersfield, a Yorkshireman. On the Ist
of November, Tate came to him at the Coopers'
Arms, and said, that Garsyth, a creditor, was look-
ing after him to arrest him, and that he advised him
to go to his bed-room. Witness left the Coopers'
Arms, and went to his lodgings. He told the land
lord, that no person was to be admitted to him, ex-
cept Firth and Tate. Shaw called upon him there,
and told him, that Mr. Pullen wanted £3O before
the commission could be opened. He got the £3O
from Mr. Tucker, and gave it to Shaw, to give to
Mr. Pullen. He also gave Shaw CIO before the
docket was struck ; it was for the petitioning ci editor,
who said he would have the money down before he
did any business at all. Firth afterwards told wit-
ness, that the docket was struck, and the commission
granted. Firth got a coach, and went with hint to
Guildhall, to obtain his protection. After the com-
mission was opened, Tate spoke to him of a person
of the name of Brooke. He said' that Brooke would
find men to prove false bills and bills of parcels.—
Firth, and witness, and Tate, went to Brooke, who
lived near the 'King's Bench Prison : it was on a
Sunday, and they found him at the sign of the
Dover Castle. Joseph Taylor, James Brown, David
Biggers, and Sherwood, were there. Witness had
not known those men before. A conversation was.
started respecting the best mode of proving bills
and bills of parcels ender the commission. It was
finally agreed, that J. Brown, Sherwood, Biggers,
and Taylor, should prove ; and Brooke, Brown,
and David Biggers, were to procure others.—
They were to have 40s. a-piece to prove debts, and
Biggers got £4 or £5 in this way. The parties were
to meet again at the Horns, opposite the Steel-yard,
in Thames-street. They did meet. There were then
present, Brooke, Taylor, Tea, Firth, Sherwood,
Brown, and Biggers. A blank acceptance was drawn,
and the landlord came in while witness was writing
on the bill. Witness attended his first meeting at
Guildhall. Hodgetts and Brown attended that meet-
ing; Sherwood did not. Several other persons also"
attended ; John Ratcliffe, George Willes, Charles
Wadsworth, Thomas Lucey, and Thomas Segib;
witness did not know any of them till they came to
Guildhall ; he was not indebted to any of them ;
they came forward under blank acceptances. He did
not see the bills that were produced at the first meet-
ing ; the parties ordered him to keep away as much
as posible. After'the meeting, witness and the others
went to the Horns, and ordered a dinner. On that
occasion, Firth, Tate, Brown, Sherwood, the two
Taylors, Hodgetts, Brooke, Biggers, Bartholomew,
and Parker, were present. Brooke told witness, that
he had got Bartholomew and Parker to prove for
him. At the dinner they said they would take care
to get plenty of strength at the second meeting, to
overpower the country creditors. Witness was to
have the property when they had overpow. ered the
creditors. Every one that had proved was paid El ;
witness paid the money ; they were also to receive
El when they signed his certificate. At another
meeting it was agreed, that Brown, Hodgetts, and
Sherwood, should be the Assignees. Firth and the
others told him, that if any one failed in proving a
debt they had plenty of others ready, forty or fifty
if they were wanted. After the dinner witness gave
them more blank acceptances and bills. Neat, the
landlord of the Coachmakers' Arms, where the wit-
ness lodged, suspectcd the character of these per-
sons. Ile said they were a parcel of blackguards,
and he would not suffer them to come to his house.
Witness told Hodgetts of this, and they then went
to the Coopers' Arms, and another place in Falcon-
square. After the second meeting, they went to
another dinner at the Horns. White was not a real
creditor, nar Tatterann, nor Sherwood, nor Davy.
Wittsesslaid all tbosewho bad newlyirovedi:l each:l
Hodgetts' debt was to consist of Saxony wool and
cam. He gave witness a small sample of wogi. and

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