The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-18 00:00:00

wa;ditat,ii Z Forfiorkei to Ma, that with t 4; p4ro3n4 0+4141*
tor he had in Liverpool, it would be u put pity for 1144 to
go to the wall without some effort or other 1 it he did not
like to do it personally, would be allow me to call on some
of the principal creditors, and make them au offer of 10s. or
12s. in the pound. He said " No, for what with the
amount owing, and what I can realize, I obeli have very
very little more than what will pay the trustees. I have been
advised what to do ; I shall pay the trustees and no one else.
I shall then keep the shop open till some creditor conies in
with an execution, and then I shall get them to sign a release,
taking what is left." A day or two after that he asked ine if
I could make room for him to lodge with me, and his wife
and child would stay with her father, as he was afraid of some
of the creditors serving him with a writ and making him a
bankrupt, as the creditors' would cause him great annoyance,
and it would insure the payment to the trustees. This was
on the 18th of October. He said, if Messrs. Mather and Co.
came to inquire whether their bill was all right, I was to tell
them he was busy collecting money to take it up. He said,
that if the creditors would not sign a release, taking what
stock was left, he would take the benefit of the insolvent act.
On the 21st October 1 saw him again at Guest's public-
house, near St. Michael's Church. I had no money with
me then. About £3OO had then been collected, which I
had handed over to him. He remarked that I was low-
spirited, and he said, " Man, keep your spirits up, it's all
right." I told him I was placed in an unpleasant situation,
and I was tired of it. He replied, " Oh, it's all right, I have
paid the greater part of the money to Stone, and I have ar-
ranged with Stone to send men note pressing for payment."
That note he said, by shewing it to the creditors, would set
him all right with them if they made any bother. He had
been absent from the works all the time. In his absence
either myself or my son received the letters. I met Robin-
son many times in Mr. Stone's office about this time. On
the Ist sr 2d of November, Mr. Robinson desired me to go
to Shand's public-house in Wapping, and inquire the price
of the good-will and fixtures of it, as he had some inten-
tion of taking it : he said ho would take the place if we
could get it moderate, and put his sister's name over
the door. He wished me also to write concerning a
smithy and buildings which were to be let in Norfolk-street,
and he would commence business in his father-in-law's name,
(Win. Henderson,) or in my name, if I thought proper, and
give me half the business ; he would get £2OO or £3OO from
the trustees to stock the place; and he thought between the
two he should make a very comfortable living. On the 19th
December Mr. Southern fetched me to meet Robinson at a
public-house in Gradwell-street. Mr. Southern was an ac-
quaintance of both of us. Robinson then told me he wished
me to ask advice from some solicitor as to arresting him, for
he was afraid of some of the creditors making him bankrupt.
He said, I wish to take care of the stock, if possible, and if
you think proper you need not be particular about the
amount of your debt, for he expected Mr. Furness in with
an execution the following week. Mr. Southern remarked
that we should want some money, to pay the attorney for the
advice. Mr. Robinson then gave me seven shillings in silver.
Mr. Southern advised me to go to Mr. Thompson, solicitor,
in Newington Bridge, and I went there; when I returned
from Mr. Thompson's I told Mr. Robinson that Mr. Thomp-
son could serve him with a writ by 2 o'clock. but could get
jueg nent out the following Thursday week. He remarked that
would be too late, for Furness would go in before and seize
the stock ; but it would be time enough to save the sheds
and bu ldings, which would be a fine start to begin business
again. I declined having more to do with it. 1 believe that
Mr. Southern is now dead. There was a meeting of credi-
tors on the 21st December. Before that a great many arti-
cles had been taken out of the place and sold for less than
their value in order to realize money. Very heavy discounts
were allowed by Mr. Robinson in order to realize money.
Some carronades and their carriages were sent to Messrs.
Fawcett and Preston's, with a message saying that the cap-
tain would call to look at two more to match. This was he said
to satisfy a debt due to Messrs. Fawcett, for they were the only
creditors he cared about if he commenced business again.
He told me to enter them in the day-book as if they had
been sent some weeks previous. Those carronades were re-
turned by Messrs. Fawcett to Mr. Ogden, one of the as-
signees. A meeting of the creditors was held on the 21st
December, at his office ; he came down there, and Mr.
Stone's brother with him. Mr. Stone's brother got a sheet
of writing-paper, and began making out a stock list. Pre-
vious to the creditors coming, Mr. Stone had left. I re.
marked to him, " Where is your cash-book ? " and he re-
plied, " D—n it, man ! have you no sense ? It will never
do to let them see that book, for poor Stone and me have
been hard at work all Sunday and Sunday night, making
up another for them." I then remarked about Mr. Stone
making out a stock list. Mr. Robinson said that I (witness)
had had enough of annoyance with the creditors, and it was
better for Stone to make it out. When the creditors came,
and found what little was left, they refused to have anything
to do with him. On the Friday before, namely the 17th of
December, Robinson came down, unlocked his drawers in
the office, took down the files of invoices, examined them,
and, as he did so, kept tearing them up till the floor was
completely strewed with papers, and then he directed them
to be taken into the smithy and burnt. They were burnt.
On the Thursday following Mr. Furness put in an execution
and sold the whole of the stock; and Mr. Robinson gave
instructions to the auctioneer, in my presence, to sell the
furniture and hand the balance over to him. The whole sale
produced from £l5O to£l6o, of which Robinson got a balance
of £3B. The furniture was not sold there, but sent to the
auction rooms. Messrs. Trotter and Hodgkins were the
auctioneers. In the beginning of January, 1842, I had ano-
ther interview with Robinson at M'Kenzie's, in Duke-street.
He desired me to go to Mr. Stone's, and I did so the next
day. I saw the defendant, who said to me, "We want to
make a confidant of you ; but it will not do for me to be seen
in this matter, for Robinson wishes you to arrest him, that
he may take the benefit of the Insolvent Act ;" and if I
thought proper he would send me to an attorney. I then
left him, saying that I would ; and I advised with Mr. Ogden,
one of the assignees. Mr. Stone said all the expenses would
be paid. I was at this time a creditor for £2G wages, and £5
more for commission and money lent. I entered Robinson's
service in the beginning of August, and from that time up
to the Bth December he had paid none of his creditors except
small ones for £l, or so : sometimes he paid them £l, or so,
in order to keep them quiet. His debts at this time were
about £l,lOO. I went to Mr. Yates, solicitor, and gave him
instructions to proceed against Robinson, who was ultimately
arrested, and sent to Lancaster in May, 1842. He was 're-
manded for nine months. I was present at Lancaster
when Mr. Stone, the defendant, was examined before Mr.
Commissioner Bowen. This was in July. Mr. Stone then
stated he had received the money on the 21st and on the 25th
October, 1841z'-in the whole, £872 ; that he had received it
in two payments from Robinson. He said he had received
it in money and bills. I do not recollect any thing further
that he said on that occasion.
Cross-examined by Mr. BAINES.—The defendant said to
the Insolvent Commissioner he was a trustee under Robin-
son's marriage settlement, and he produced the deed. He
mentioned that Mr. Henderson, and his late partner, Mr.
Kenyon, were the trustees. He stated that the trustees
had lent £BOO to Robinson on his warrant of attorney ;
and that he found that that warrant hind not been duly
filed. I will not swear that he said he considered that
if he did not obtain the money the trustees would be
liable. He said he had sent one or two notes to Robin-
son pressing for payment of the money, but I do not recol-
lect whether he said it was for the security of himself and
his brother trustees. I recollect him saying he had incurred
some responsibility, but 1 do not know why. I considered
Robinson's proposals in the last three months of 1841 very
dishonest; and I communicated them to Mr. Ogden in
January or February following. I was not examined upon
them at Lancaster ; I was examined there only about the
sale and its proceeds. I cannot swear whether I stated to
the commissioner that the insolvent had told me he wanted
to realize a sum of money as quickly as possible, in order to
pay it to the trustees. I cannot swear whether I told the
commissioner what he said about the stock, or Mather's
bill. Was not asked the question. To the best of my re-
collection I told the commissioner that he said he would pay
trustees and no one else; but I cannot positively swear whe-
ther I did or did not, I believe, but am not positive. I told
the commissioner that he said he was afraid of the creditors
making him a bankrupt. I did not tell the commissioner
that he had said if the creditors would not give him a release
he would take the benefit of the act ; nor did I tell him about
the note from Mr. Stone, which the insolvent said would set
him all right with his creditors. I did not tell the commis-
sioner that he said Mr. Stone would advance him £2OO or
£3OO to set up business again. I did not tell the commis-
sioner that the insolvent told me I need not be particular
about the amount of my debts ; or that I was to blind the
men. I did not tell the commissioner that the insolvent said
to me that lie and Stone had been up all Sunday night making
another cash-book, or that the defendant said, " we want to
make a confidant of you." I have never sent to borrow
from Mr. Henderson, the insolvent's father-in-law. I sent
for it in the light of borrowing, as I was advised to do. I
did not get the money, nor did I expect to get it.
The witness was then cross-examined with the view of
testing the accuracy of his recollection of the dates to which
he had spoken. No one was present with witness at those
conversations with the insolvent, except Mr. Southeran, who
is dead.

e.examined.--Mr. Robinson is present in court now

was examined at Lancaster by Mr. Venables, the barrister,
and I answered every question which he put to me. The
book produced is that which was made up by Mr. Robinson.
About £l6 or £l7 have been realized for the estate of Mr.
Robinson, and probably there will be 30s. more. I question
whether it will make so much as £lB 10s.
Edwin Eden, son of the last witness, and also a clerk in
Mr. Robinson's service, proved that a great number of cre-
ditors were in the habit of calling there for money, but they
did not get it. Recollected the defendant's brother being
there. In October, witness took up some carronades to
Messrs. Fawcett with a message, that some captain would
call in a day or two to look out some more to match. Mr.
Robinson tore up the invoices, and told witness to burn them,
which he did. Letters used to be brought by the defendant's
clerk, witness's father, but witness did not know of any from
him to Robinson.
William Manifold, foreman of the blockmakers in Mr.
Robinson's service, also proved that creditors frequently
called ; and that he had prevented witness from adding to the
stock. This was in October. After that all their men were
turned away, except three. Mr. Robinson came to the works
very seldom afterwards.
Several witnesses who had called for debts, proved
that after the Bth of October, Robinson was not to be found
at the place ; and that they had never been able to obtain
their money.
A clerk to the auctioneers proved that after selling under
the execution which had been put in upon the stock, the
household furniture of Robinson was sold by his directions
for £lO, which was paid over to him.
Cross-examined.—The furniture was not sold under the
execution. The sale took place on the 23d December, and
the money was paid over a few days afterwards.
A clerk to Mr. Furniss proved that his claim on Robinson
was for £l2O, for which the execution referred to was issued.
Mr. Thompson, the solicitor, was called, but he did not
answer.

This was the case for the plaintiffs.
Mr. B AINES then addressed the jury for the defendant.
The action, he said, had been brought against a respectable
attorney in this
in his
to recover a large amount of money re-
ceived by him his character of trustee; and an attempt
had, in the progress of the case, been made to mix him up
with Mr. Robinson, upon whom also it had been sought to
throw all kinds of obloquy. This was a very serious question
to. Mr. Stone, and one at which it behoved the jury to look
with calmness, especially as by means of that unprincipled
witness Eden they were asked to believe that Mr. Stone had
acted improperly. He (Mr. Baines) hoped, however, before
the case closed, to show the jury that Mr. Stone had done
just as any other man would in the same situation. The
jury had not, as yet, by any means heard all the matters
which it was necessary for them to know in order to make the
case intelligible ; and, therefore, it would be his duty to fill
up the meagre outline which the learned counsel and the
witnesses for the plaintiff had sketched. Mr. Joseph Wilfred
Robinson, it seemed, was about to be married in the year
1840. Before the marriage took place a settlement was ex-
pected, of which three persons were appointed trustees—viz.
his father-in-law, Mr. Henderson, Mr. Kenyon, an attorney,
now deceased, and Mr. Stone, the defendant, who was Mr.
Kenyon's partner. Mr. Stone was in no way connected
with Mr. Robinson, and he accepted the office of trustee
merely as an act of friendship, having been recommended to
it by his partner, Mr. Kenyon. According to the trust of
the settlement a sum of £BOO, then lying in the Royal Bank
of Liverpool, was to be paid to trustees for the
benefit, in
the first instance, of his wife;—she was to receive the in-
terest to her sole and separate use ; in case of her death it
was to be received by Mr. Robinson, and if Mr. Robinson
became bankrupt or insolvent, the interest was to accumulate,
and in case both parents were dead, the children were to have
both the principal and the accumulations of interest. The
£BOO, then, was paid to the account of the trustees. There
mliir he ought to mention, a proviso in the marriage settle- t