The Liverpool Standard, and General Advertiser.
Liverpool, Merseyside, England, 1854-09-05 00:00:00

The COURT.: Then, be pleased to furnish, as
are able, a listof the creditors of the bankrupt

Mr. 13ANNEE,'
any such purpose

I decline to be employed bythe court for

Mr. Commissioner PERRY—The court is not employing
ypu in your charaeter as an accountant, but
Mr. BANNER—I am not bound to labour for nothing.
I beg pardon for the interruption.
The COURT—But it is calling upon you, in.eompliance
with your undertaking, implied in a previous answer, to
furnish, so far as you are able, a list of the creditors of
the bankrupt, which you say you have now in your pos-
session.

Mr. BIEDSWELZ—I submit that it is not such a ques-
tion as ought to be put, and I request that a note may be
taken of my objection.
The COURT—What is your objection?

Mr. BARDEIWELL: Firs't, I submit that the .court can-
not imply what is the meaning of 'the answer of the
witness to the prisoner's question. Secondly, that 'there
is no understanding, dither expressed or implied, under-
taking to furnish a list of creditors. Thirdly, that thelist
,so obtained by the witness is a list which he has procured
from private informatio2, without reference to the bank-
rzpt or his books or papers—by private information pro-
cured by himself, and without information procured from
the bankrupt's books or papers or from the bankrupt, and
that he has a lien on that list for his professional charges
as accountant, and to the trustees, not to the bankrupt.
Fourthly, that the information so obtained is mere hear-
say from third parties, and no evidence of the existence of
a creditor. Fifthly, that the giving of the information
destroys the lien. And, lastly, that the latter portion of
the question assumes that the parties mentioned in that
list are parties who had dealings and transactions with
the bankrupt, of which there is no evidence ; and,!as such,
therefore, that it is an improper question.
The COORT It would probably save time if I submit a
question similar to the last. I would simply ask the wit-
ness whether he declines? _

Mr. BAumwELL : Will your honour first decide upon
these objections. Let us have one question decided in the
first place.
The COURT : If I have to decide upon these six objec-
tions, I shall bare to reserve the point; which probably
may rot be necessary, if I put this question. Will you (to
Mr. Banner) furnish the particulars of the list of debts
owing by the bankrupt, which you say you have with you ?
Mr. BIRDWELL asked for a brief adjournment, in
order that the wituess might have time to consider his
answer.

Mr. Commissioner PERRY observed that he had taken
a great deal of pains to understand the case ; end after
calling their attention to the provisions of the act, which he
had sworn faithfully to carry out, he again asked Whether
Mr. Banner would furnish the particulars of that list ?
Mr. BANNER : No, sir, I cannot furnish it.
The COURT : Do you mean that you won't ?
Mr. BANNER: Yes, sir,
The COURT : That is your answer.
Air. Berrxnu,—Yes, sir,
Mr. BARDSWELL.—Perhaps your honour will allow him
to *add " for reasons before mentioned." •
Mr. BANNRE.—Clearly for reasons before mentioned.
I have always given information to this court very readily.
The commissioner himself has always been very kind to
me, and I am exceedingly sorry to be placed in this posi-
tion. It is no seeking of rnine and it is contrary to the
wish of every creditor on the estate, who are 'the parties
most interested. It (the adjudication) is a matter ema-
nating from the commissioner alone.
The COURT.—I just observe upon that, that it is quite
open to the creditors, if they think fit, to come to this
court with a proper application to annul the adjudication.
But this is not the course.

Mr. BANNER further explained that the resistance to
the authority of the Court (at the works of the bankrupt
at Seacombe) was quite uninteutionaL observing that the
place had been obliged to be guarded for two months pre,
vionsly, to prevent the estate from being pilfered ; and
complained bitterly of the unjust manner in which " poor
Margetts" Iw4 been treated, .he having, acted entirely
under his ,(Mr,,Paprierli)_instractions, and having •pro-
Perly sent word to him. (Mr. Banner)- when he became
aware of. the positive 01.tht Misiiiliger 91 tlit- Coutto Re