The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-12-06 00:00:00

Tin LIVERPOOL STANDARD.

INSOLVENT COURT,

On Friday the examination of Mr. John Moon, late cotton
broker. of Manehester, was entered into on his
.petition to be
discharged tinder the insolvent act, before Henry Revel Rey-
nolds, 1;,q., his Majesty's chief commissioner for the relief of
insolvent debtors.
Mr. VNNABLES appeared on behalf of the opposing creditors,
Messrs. Brown and Powell; and Mr. Wilkins for the defence
of the petitioner.
On the lust hearing of the case at the Insolvent Court at Lan-
caster, as there was considerable difficulty in investigating the
accounts, the whole circumstances of the insolvent were refer-
red for examination to Mr. Banner, of Liverpool, and pre-
vious to the case being gone into on the present occasion,
the report of Mr. Banner was read by the clerk of the court.
Mr. Banner reported that in pursuance of an order of reference
by the court he had examined the insolvent's accounts. The
first object to which his attention had been directed was with re-
gard to 763 bags of cotton, which could not be accounted for,
and also to a considerable amount of cash which the insolvent
appealed to have omitted in his schedule. After minute in-
quiry he had succeeded in tracing each parcel of cotton, and
he could certify that the insolvent had accounted for the whole
of it. In the amended cash account alluded to, the insolvent
had not accounted for £2,500, or thereabouts, which he must
have received at the commercial Bank of Englend at Man-
chester, between the sth day of March and the 14th day of
April, 1836. He was of opinion this was not accounted *for.
The insolvent did not keep the usual commercial books of
ledger, journal, and cash-book, so as to show the state of his
affairs. There was also an item of £4 13s. for postage of letters,
for which large sum or postage only four letters could be shown,
and the insolvent supposed he must have lost them. lie was of
opinion that the assignee and opposing creditor were fully jus-
tified in making the investigation.
Mr. VENABLES said he opposed the insolvent on behalf of
Messrs. Brown and Powell, his clients. He had to offer some
observations on the report which had been made. He thought
it would not be necessary that he should examine any more
witnesses on the present occasion, after what. had passed in the-
month of July at Lancaster, as to any of the facts there brought
forward. Ito proposed to take the report as a fair judgment
between the parties, and to confine his observations to it alone.
Before the learned cOmmissioner adjudged on the case which
the insolvent had brought forward, he would, he. was certain;
refer to his notes, and form his own judgment with regard to
the discharging or remanding of the insolvent. The first ma-
terial fact which appeared against the insolvent was the fact of
withholding from his halauce-sheet any account of the disposi-
tion of the stun of £2.500. The sum whether received at once
or at different times was received at a very short period before
the insolvent went to prison. The insolvent ought to have made
some statement of that sum in his special balance-sheet. He
had had ample time to have made any alterations in his special
balance-sheet since his last hearing. -It was a sum of no trifling
amount, altheughle admitted-that the whets deb&••were- very
large. It was his bounden duty to show to his creditors in what
manner this sum had been disposed of, whether in fair trade and
business, or in some person's hands to be paid to him on his
release. It was quite monstrous to suppose he could have ex-
pended so large a sum in household expenses during the short
time betwixt his receiving it and hieing committed to piison.
Mr. Venables then alluded to the item for postage' as at large
sum for that purpose, where no letters were found to substan-
tiate the charge. It was most material if there had been this
extensive correspondence that his creditors should be in posses-
sion of the letters, and yet only four were found. He would ad-
lint that the cotton transaction had been accounted for, accord-
ing to the examiner. These were the points he was directed to
press on that occasion, and whatever might be the commission-
er's judgment on the present occasion, his clients would be per-
fectly satisfied.
Mr. WILKINS ' said be had listened to his learned friend's
address with no less pleasure than attention in his having adopted
a different tone to what he had done on a former occasion, He
was happy, individually as well as professionally, that they had
taken the sting out of this case—that they had, according to his
learned friend, removed all characteristics of fraud, and that
the only. charge against Mr. Moon was that of negligence. The-
only fault which could be urged against him had been that he
did not keep a book-keeper to assist him in the entry of his.ae-
counts; and he apprehended there was no clause in the act of
parliament which remanded him for neglect, unless it could be
shown that there was fraudulent concealment on the part of
Moon. He was aware that £2,500 was a very large sum, and
he should have felt that he was entitled to know from a creditor
how that sum had been disposed of. But if it had beets shown
to him, as a creditor, after the conclusive investigation which
had taken place, that the insolvent had acquitted himself, and
that nothing like fraud appeared against him, he should have
been satisfied.

The COMMISSIONER conceived that to be the argument of the
learned opposing counsel, that he had not acquitted himself.
Mr. VRNA LES.—Certainly.
Mr. Wit clams 'apprehended, in the absence of evidence,
assumption would not do. In the absence of anything like
proof, it would not do for his learned friend to inflict a stigma
on Mr. Moon's character because he might choose to surmise
that because of his negligence he had not been able to account
for the property that ho had fraudulently concealed it. Sup-
posing theapplication of his learned friend were granted, and Mr.
Moon were remanded, further than gratifying the feelings of
the creditors, what good could result -from it? Mr. Moon's
special balance sheet was; in his opinion, one of the most
laboured and best that he had seen in that court in his life,
proving that Mr. Moon had devoted all his attention in the
solitude of his confinement to the subject; and, if Mr. Moon'
were remanded, it would be impossible for him four months
hence to give a better account- of the transaction. It was im-
possible to make out clear and distinct accounts from the books
which Mr. Moon had kept; Mr. Moon regretted thedeficiency;
but he declared on his solemn oath that he could not account
for it. If he were sent back, at the expiration of four months
he would only be able to declare the same, and he would then
have been ten months incarcerated. Let them tell him that
(lay that he had been a negligent man towards his creditors,
who had a right to complain; but do not, he would urge them,
tell him he had been, a fraudulent man. Let them dismiss him,
at any rate, under the conviction that he had been an un-
fortunate man, but not a dishonest man. _

Mr. Moon then, in answer to the questions of the corn•
missioners, declared on his solemn oath that he could Tim
account for the deficiency of £2,s6l—that he had net gieVst thal
sum of money to any one to take care of for him in securities,
, .

bills, or any available document whatever—that the money
which had since been paid into that court was' not a shilling of it
a portion of that sum, and that £4O of the sum which had now
been paid into that-court was the iimount retained by Mr.. Raw-
linson,Solicitor, ft r his bill of costs, and that Mr. Itawlinsen de-
pended alone on his honour for the future payment of his bill.
The CostsitssioNaa said this case had been otte of most
anxious consideration to him. He was sure that both sides
would do him credit for stating, that without any degree of af-
fectation, he had given this case his best consideration, trait on
the former occasion when he had heard it, and on the present.
The point at issue for him at that moment to fill was, to
put himself in the position of a juryman, and to say, was
there evidence in the case sufficient to justify hitn,in comine.
to the conclusion that the present applicant to the court has
beep guilty of wilfully concealing property which ought to be
divided among his creditors ? If there were any, doubt on that
point, in the language of the law, he ought to give the appli.
cant the benefit of that doubt. The previous investigation had
embodied many circumstances of great doubt relating to some
cotton, which by the investigation of the examiner had been
cleared up. He was glad to find that the doubt which he entertain-
ed on that question bad been cleared up. If he were to remand
the petitioner on evidence which would be satisfactory that he
had come to a just conclusion, but on which evidence there vans
a doubt, Mr. Moon would for life be shunned by persons f
honour and integrity. He was glad to perceive the temper and
propriety with which the opposition was prosecuted, by parties
.who had been subjected to as much suffering as in anv case
which had come before him. The deficiency which appeared,-
he was told on oath, could not be accounted for; and that every
shilling held by the defendant had been paid into court, The
manner in which Mr. Moon had acceded to the investigation at
the previous hearing at Lancaster, had been most creditable to
him, and did not show an appearance of guilty fear. If he
were to remand him for not clearing up the doubt about the de_
fieienev, and circumstances were afterwards to turn up. justi-
fying Mr. Moon, it would be matter of regret both to himself
and to the opposing creditors that he had been so remanded. If
on the other hand he were discharged, that court would still have
power over him, and should his statement on oath, which he
should insert on his schedule, be false, he might be indicted for
perjury, and he might also be re-imprisoned under the insol_
vent act, and remanded for three years to confinement; and
any persons assisting him in concealing that property, if so
doing, would be liable to indictment for a misdemeanour, and
might under that indictment be imprisoned for three years to
hard labour. He therefore, when he should have entered on his
schedule the statements which he had made on oath, should dis-

charge him.
Mr. VENABLES applied to know if the costs of the present
proceedings would he allowed ?
The COMMISSIONER.—Oh, to the utmost farthing!
The case was concluded about three o'clock.

THE QURRN.—It is currently reported, and .we believe-on
good foundation, that Her Majesty is about to reside for some
months in this neighbourhood (Southampton). • Biul health is
assigned as a reason.--Hampshire paper. ,
Bony WASHED Asnorta.—The body of a man was• disco-
vered, last night, lashed to some rigging, belonging to a small
vessel which sunk on this shore last Wednesday, and .brought
to the hearse-house near the church this meining. He had'on
only a pair of blue trowsers, in the pockets of which was Is.
and a watch-guard about his neck. The body will be decently.
interred as soon as the coroners inquest is taken.-i-Formby,
November 30, 1836.
THE ,LARGEST ORGAN IN LANCASHIRE.—A new organ is
now erecting for St. Mark's Church, by .Messrs. Bewsher and
Fleetwood,- of this town, which will be the largest in this part of
the country. It consists of three full rows of keys, comprising
a great organ. i!hoir organ, and swell. The compass of the or-
gan is from, double G, with a double G sharp, to F, 59 keys.
The great organ has 12 stops through, choir organ 9, and swell
8; two stops of pedal pipes, of two octaves each, the largest 20
feet long, with couplers; altogether 39 stops.. The number of
pipes is nearly 2000. The organ is expected to be opened this
day week, by the members of the Choral Society. Mr. M'Neile,
of St. Jude's, will preach a sermon on the occasion.

IMPORTANT TO ANGLERS.—The jaw of a shark has been
sent to the Secretary of the Underwriters, which is well worthy
of notice. The gentleman to whom this jaw was "part and
parcel" of, was caught off the Cape of Good Hope, by Captain
Crosbie, of the Bridget, to this port. It measured in length 15
feet, and was in girth round his waist about the size of a sugar
tierce, and weighed 12 cwt. The head appears to have been
but small in comparison to the size of the body. The teeth are
formidable in the extreme, displaying seven rows of grinders, of
such a pure whiteness, that any of our dentists would look upon
them with delight and admiration. From the time of entrap-
ping this moustev to the time of his being hauled on deck was
three hours.

IMMENSE CHIMNEY.—A magnificent chimney was complet-
ed in Runcorn, at the soap and alkali works of Messrs. Hazle-
hurst and Sons, last Saturday. It is one of the most splendid
monuments that could possibly be conceived as a chimney.—
It is above 102 yards high, circular, and of most symmetrical
proportions, it is seen from the surrounding country, rearing
its tall majestic head above every other object. There is a twin
chimney in the same town, though not quite so high or massive.
This immense pile contains more than half a inillion bricks,
and is computed to be about 2,800 tons weight : a slight idea
may he formed of it when it is stated that the coping stone at
the top is 10 tons. It was began in May last, and constructed
under the supeintendance of the celebrated architect Mr.
vingstone, of Newcastle, and refients great credit upon his skill
and abilities.

BOTTLE. WASHED A:SIIORT,..—A small gla:ss phial, or bottle,
with a cork smeared over with pitch, was picked.up on the beach
of Ahergele Ray last Week, by £lr. Hugh Roberts, and has
been left at oar of for the inspection of the curious: It con-
tains .a small bone, round' which is rolled r; pOilar label, with
Chinese or some other 14_:nstern characters written upon it but
as to wire..lCley mean, or whether the bottle a7iil its cooten.ts are
a niece b,ax„.we have no means of ascertain It been
shown to it.Aard Jones,, alias Dick of Abordaron, a',4+" 3ther
lines List , htttrthey

LIVERPOOL POLICE

A Pvt.rciiTioN FOR A WARRANT TO SEIZE FOR ExclsE DUTY
IN 1)..tr./Gtm.-LOn Saturday, at the Police-otlice, an application
was made for a warrant by the Excise-officers to seize the g,oods
of Mr. Thomas Stoekdale, soapmaker, for double duty. Row-
lands, the Excise-officer, deposed that Thomas Stoekdale was a
hard soap maker in Liverpool. The soap duty charged on him,
between the 10th day of October and the 7th day of November
following, was on 421,1631h5. of soap, the single duty of which
was 1:2651 Os. 41d. He had made a proper demand of the duty
and it had not been paid. The collector said the object of the
Excise was to secure the revenue for the single duty and costs;
they did not want the double duty, which they were entitled to
claim if they thought propels. The application for payment had
been made the night before, and twelve hours' notice only was
necessary before obtaining the warrant. A gentleman, an at-
torney, appeared on behalf of Mr. Stockdale. He objected that
the act of parliament said the award must be made by order of
the commissioners. The collector replied that he was authorised
to make the application by an order from the general board.
They never did lay an information until they thought the duty
in danger, and then they could immediately take steps for se-
curing the duty, and acquaint the board with their proceedings
afterwards. Mr. Stockdale's attorney said the assertion of the
collector was not evidence, th,y must see the general order au-
thorising the application. The collector said he was not aware
he should have been opposed by a professional gentleman in the
proceeding he had taken, and he had not the order with him, but
he would send for it. Mr. Stockdale's professional adviser was
not doing his client any good by the opposition, for he shout
take immediate and further proceedings in consequence. The
order was then sent for. On its being produced, it appeared to
be a general order from the board, authorising all collectors to
take the step which was then taken. Mr. Stockdale's profes-
sional athiiser then took an objection that they had no proof of
the collector being a collector further than his assertion—he
must prove
.his appointment. Mr. Hall said he had always
acted as sneh,.and no objection had been taken against him,
and-the outs probandi rested not with the collector, but with Mr.
Stock-dale that he was not. The collector said he could produce
his-appointment in.ten minutes, if required. Mr. Hall said it
was net 'tieeeisary ; he should not establish a precedent of
bringing Unnecessary evidence before him. Mr. Hall then said,
in point of fact,. the collector was applying to him to award
double dtity, and they would take the single duty and expenses.
The collector" Yes." The warrant was then granted.
IsiPuDENT ROBRga Y.—On Saturday, at the Police-office, a
man named William Ellison was placed at the bar charged with
having deliberately walked away with a ham. Nicholas Twigg
deposed. to being a grocer and provision dealer in St. James's-
street. At eight o'clock the night before he was in his shop,
When he saw the prisoner enter. He did not immediately say
what he wanted, nor ask witness anything. 'Witness, however,
kept-his eve upon him, and saw him, out of a window that looks
into the shop, take a knife and cut downi large. ham which was
hung up, and walk very coolly away out of the shop. He fol-
lowed him immediately, and saw him throw the knife away with
.which. he hail cut down the ham, He immediately took him
into custody, with the ham in his possession, and gave him in
charge of a policeman:. The ham weighed 261bs. The prisoner
said be was very drunk when he committed the theft. He was
sent to take hii
AN IMPUDENT YOUNG THIRF.—A verly little boy, named
William Smith, whoie age, we should imagine, was about nine
years, was on Saturday last placed at the bar of the Police Court,
charged with having stolen a number of articles from Mrs.
Williams, shopkeeper, Warren-street, under the following cir-
cumstances :—Mrs. Williams stated that on the preceding
evening the prisoner entered hershop and asked the price of a
pound of butter. She told him the price, and he then requested
to be supplied with a pound of bacon. This was weighed and
delivered to him. Ile then asked for four pounds of bread,
which was also supplied. Tucking these articles under his arm,
he laid violent hands on a pound of candles, (long sixes, as the
complainant averred,) and a pound of eightpennv sugar, and
darted from the shop. In going out, he dropped the long sixes,
and it appears that he grasped the sugar so tightly that the paper
opened, and he scattered it as he rim. A police-officer was
called, who tracked the prisOner by the sweet trail which he had
left in his wake, and discovered hint in the next street. He was
taken to'Brideweli. The prisoner did not deny the charge, and
Mr. Hall committed him to the House of Correction for two
months. •

•STEALING LlNllN.—Yesterday, at the Police-office, a carter,
named. William Taylor, was charged with having stolen a table-
cloth, which had been entrusted to his care along with some other
linen; to cart from WaVertree to Windsor, and taken it to pawn.
A young female stated that the prisoner was employed by Mrs.
Hiles, of Waveriree, to cart linen every week, and some linen
was entrusted to his care on Saturday last. On the arrival of
the linen at its destination the tablecloth was missed. Mr.
Hyams, pawnbroker, deposed that the prisoner had called at his
-shop on Saturday evening and wanted to pledge the tablecloth.
He asked him to whom it belonged, and he gave such unsatis-
factory answers that he gave him into custody. The complain-
ant identified the tablecloth. The tablecloth was worth ss. or
6s. It appeared, however, that the prisoner had not actually
pledged the cloth. Mr. Hall said Mr. Hymns had apprehended
him too soon. His conduct in bringing the case forward was
very meritorious. The prisoner was then ordered to be re-
manded, and.the cloth given back to the owner.

A Nten DtsrliacTioar.—Yesterday, at the Police-office, a
female named Mary Ann Johnson was charged, before the ma-
gistrates, by a blackman named Harvey, with having stolen his
watch. The complainant, with the characteristic gabble of all
his countrymen, made a long statement, of which the following
is the substance:—That he had given his watch to repair to a
watchmaker, and that the prisoner had gone to the watchmaker
and obtained his watch, and afterwards pawned it. The pri-
soner had formerly washed for him, and be owed her about 4s.
A watchmaker deposed that the prisoner came to his house and
said he was to bring the watch to her house at seven o'clock in
the evening, that the complainant had told her. Ile accord-
ingly took the watch there, and left it. The prisoner said that
the complainant ,rdered her to tell the watchmaker to bring it
to her house, and side had pledged it for a debt of 19s. 9d. which
the complainant owed her, and Which she could not get. When
the watch was brought to her house the complainant was not
there to receive it: Mr. Hall—" I have nothing to do with the
debt; but it appears the prisoner has only been following the
complainant's ardeas." Complainant—"Oh yeah, certainly, I
told bib to tell vatchmaker to bring it, but I no tell hib to receive
it." Mr. Hall—" Discharge the prisoner."
SHOPLIFTING.—Yesterday, at the Police-office, a respectable
and good-looking young female named Isabella Lyons was
charged by the shopman of Mr. White, in Ranelagh-street, with
having endeavoured to steal a shawl from his shop. The shop-
man deposed that he was serving her, and while ho went to the
window she took a shawl. He did not observe her till after-
wards, when he saw the shawl tinder her cloak. The shawl was
his master's property, and was worth 9s. Mr. White said, in
consideration of its being her first offence and her having a
young child, he would rather not press the charge. Mr. Hall
said shoplifting was.now carried on to so great an extent, and
was so common an offence, that it was necessary to be severe
in these cases, for the protection of shopkeepers.—The infor-
mation 4 were ordered to be taken.

EXTENSIVE BUSlNas9.—Yesterday, at the Police-office, three
miserable:looking beings, named Sarah Strainer, Jane Strainer,
and Edward Armstrong, were placed at the bar of the Police-
office, charged by one of the police with having a large number
of pocket-handkerchiefs fount! in their possession. A policeman
deposed that the night before he was on duty in Dale-street,
when he met the two women and the lad at the bar carrying a
small.bundle. Flo asked what it contained, and found in it ten
gentlemen's silk pocket-handkerchiefs, all different, and half
dirty, as if taken from the pocket. They could give no • antis-
factory account of them, and he took them to Bridewell. They
were all bad characters. The prisoners were remanded in order
to afford an opportunity to have the handkerchiefs identified.
-- •

lionanay.--Yesterday, at the Police-office a middle aged
woman respectably dressed in widow's weeds named Margaret
Thornhill, was placed before the Magistrates charg.ed with hav-
ing stolen a variety of articles from the house of Mrs. Lewis,
in. Chapel-street. Mrs. Lewis deposed that the prisoner had
been in the habit of frequenting her house very often and getting
a glass of ale. She represented herself as a nurse, and being
respectable looking she had asked her to sit down in the kitchen
when she came. On Saturday she came sensual and was asked
to sit down. Soon after a silver tea-spoon was missed and she
insisted on the persons about beings searched. The prisoner
took the candle and helped her to look abontand then went away.
She then 'suspected. tho prisoner and followed her and overtook
her in Oldhall-street, and gave her into. custody. On searching
her the silver spoen was found upon her, 3 copper shaving cans
and a number of knives apd, forks. She had lost a great num-
ber of things during thepast.ameaths, but never suspected the
prisoner. The Prisoner said she .was left a widow and she had
gone ont'air a ndrie.tind as a servant, and she wus drunk at the
time. Parkinseir, the Bridewell-keeper, said. a note was found
upon her from.. Mis: Atherton of New Brighton, in answer to
an application-for sr:situation. Mr.,Whitty said she had been a
very respectable, WoMan, hut her husband misdeed and she had
latterly been giVen to drink. Mr. Hall said he must make an
example; POlicans were continually being robbed of all kinds
of things by parties frequenting their houses who went off with
everyvthing they could lay their hands on. She was committed
to take her trial.

Tun LATR MADAME MALTRRAN the Con-
sistory Court. Chester, on Thursday, the proceedings in the
cause of De Beriot v. Sharp, promoted by M. Del3eriot against
the churchwardens of Manchester, by which the former sought
m
to obtain an order for. the teoval of the corpse of Madame
Malibran De Beriot from the Collegiate Church of Manchester
to the church of Laken, near Brussels, in the kingdom of Bel-
gium, were 'again. renewed. Messrs.. Jones and Maddock, the
proctors for 'the:defendant, read a protocol of appeal, that is,
they took the first step towards appealing against the decision
of the Rev. li. Raike's (the chancellor) to the Metropolitan
Court at York. The grounds of appeal are two-fold : first, the
defendant relies Upon the want of personal service of the cita-
tion; and, second, the granting of the faculty without giving
him an opportunity of showing cause against the issuing of the
same.' The result of this step will be, the prevention of the is.
suing of the faculty until after the next court day. The de-
fendant will, in the meantime, have an opportunity of calling
upon M. De Beriot to prove his interest in the Court of Ap-
peal, should there be any truth in the report, that Madame Ma-
libran was not legal liv divorced from her first husband.
lIIRRITORIOUS CONDUCT.—Erection of a Nxw CHURCH at
Bolton. A short time ago the inhabitants of Bolton subscribed
a handsome sum,. to be appropriated to the purchase of some
testimonial of respect for the Rev. Jas. Slade, the vicar, for his
long and faithful discharge of his important duties. Application
was made to him through the medium of a committee, to ascer-
tain his wishes as to the appropriation of the subscribed sum.
In preference, however, to choosing some piece of plate, which
was the idea of the committee, his wish was, that it should be
appropriated to some charity, or the establishment of some in-
stitution of public utility, which he would leave to the choice of
the committee of management. The committee met their pas-
tor on Monday the 28th ult., and the worthy vicar then, in an
eloquent address, which has since been printed, expressed his
wish that the suns should he applied to the erection of a church ,
and school near Bolton. We extract the following from his elo-
quent appeal to his parishioners. "Those persons. who pro-
claim the vast superioi of the Church, and inveigh against
her enemies, may be justly called upce and expected to
do
something, yea, something Substantial for her
sup Pt.
whether
time has fully arrived, when it has to be determined.
her friends will effectually exert themselves on her behalf,
. or
not. Let them be thoroughly assured that the Church cannot
Possibly be maintained, in the midst of an overgrown
popula-
tion, by mere verbal demonstrations of allegiance and attach-
ment; there must be, on the part of her sons and daughters, a
spirit of generosity and beneficence; some sacrifices must be
made for her; some gifts bestowed, which may deserve the
name of a seeritice ; not only by the opulent, but by all classes,
according, to their power. If this he not done, done liberally
and nobly, it will be in vain to cast reproach upon our enemies;
the reproach will belong to ourselves ; the Church will have
dwindled and decayed by, the negligenee, and parsimony, and
ingratitude of her Own children." This is as it ought to be,
coming, as it dee::„ from a clergyman who is an ornament to
the established chnrch ; and the best proof of its sincerity, is,
that the Vii,nrlii Tian. has contributed the sum of £lOO toWards
the subscription for the erection of a church and school. We
need truly add, that this proceeding, in all its bearings, reflects
the higi-.'est hone tir upon him as a christian minister. Bolton
Alger hal' b.-e'en fixed upon as the scite of the church and school.