New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-08-15


ted 10 be read by Assist Surgeon Palmer The defence
nenced by siang that the accused joined The expedition
with the glowing hopes OF promotion, and with full
conhdencein the promises Of Lieut. Wilkes, with whom
TO time the accused personally uRacquanled, but
alas gentlemen had forgotten that he who had vo-
lated the chastity OF rank must have made himself its enc
my for ever"
The defence then went on 10 review the whole Of Lieut.
Wilkes conduct towards his subordinate ofices-o con-
pare the paerty OF the charges with the testimony addu
ced and place in strong contrast the and dscrrp
ances between the wsen and oral testimony adduced on
Tie trial, particularly that OF The prosecutor himself
Attic close of The defence the in secret session
nearly Two hours and then adjourned 10 Wednesday, when
the trial OF Lieut.. Wilkes viii commence
Important Decisions i'm Bankruptcy.
DISTRICT CounT OF THE UNITED STATES
Before Judge Belts.
Several OF the late decisions this District by Judge Bets
contain highly important ponts, which herewith present;
in connection with the of the petitioners whose
cases the opinions were given:
John Harper Smith, and others-Compusory- estate
of IN involuntary bankrupt within the jurisdiction OF
the the decree Of bankruptcy being allowed In
junction can be invoked to prevent involuntary bankrupt
from disposing of his property but indemnity must be fur
nshed defendant in petitioners do not follow their
petition Motion for injunction g.anted.
Maynard Bragg.-A bankrupt, when examined before
commissioner only be crossqnestOned BY his counsel
SO far as explanhis direct examination for.
examination before master in chancery be use.
before commissioner qualify dsprove schedule and
petition
Orrin Brown-The lien OF at,ornies and counsel eli
enrs papers taken away by the ACT but such lien
the coming into bankruptcy and the eesto
that time being settled.
Misrepresentation of petition Ia bankruptcy dedica
lion of the estate to his ceetcrs by the bankrupt which is
made final on the passing ola decree of bankruptcy
Mark Mor,z and Hersch Pinnicer.-Ifthe filth section Of
the relates to voluntary baakruptsa ALL it only where
parties partners the time of filing the petition. All the
NJ iurluded n
Of compulsory proceedings might not be necessary tina
the parties coparnes at the period OF the application
Proceedings cannot be unedy conducted where parties
have interest and do seek decree
The question the right of alien partners, whose debts
created abroad apply decided by the court
Charles II. Deevan.-An assignment and preference OF
fictitious debts, 1889, unless Admitted in proceedings
not bar discharge. Declarations at the time of stopping
payment 1885, and Immediately thereafter, that the estate
would pay all demands against il, is sufficient prove
improper cencealment Decree OF discharge allowed.
Daniel e. Delevan.-The objections the part of
jory creditors net being pursued by them, and Mr. Del
having majority in number, of his creditors in his
favor, motion of Mr. W. NJ Mitchell counsel for petition
err decree of discharge was allowed
Mark Banks-Credors are restricted in their objections
to discharge to the particulars designated by the statute
Although petitioner styles himself" merchant objections
his keeping books be sustained unless is
shown that he actually inmercane business at the time
John w. Hull aad Abraham H. Smith Compulsory
Creditors holding debts before the passage OF the bankrupt
act competent prosecute their debtors TO decree OF
bankruptcy purchase OF goods, IN $780, credit, with
fraudulent INTENT and subsequent fraudulent appropa-
ton Of the property render the partners to the bank
rupt law One member of firm comm, ting acts OF bank
rupcy since the of the act cannot support proceed
ngs against both partners The mere insolvency OF paIt-
nershp, without Of bankruptcy will not authorize
pulsory proceedings against it, The term insolvency, liz
the h section OF the act must be understood synony
nous with bankruptcy
Baley.-Creditccs, order defeat decree
shew that the bankrupt had property at the time of his
pca,ion which he knowingly and intentionally omitted to
his inventory. Previous possession of property
less the period OF application does not afford ground
TO sustain objections.
Brown King-Excepons to objections must be made in
previous reeresce The srctness OF practice, As
regards exceptions pursued in ordinary cases, will not be
enforced in bankruptcy Creditors, in order TO contest
discharge prove their debts The term "o,her per.
in interest" does embrace but exclude creditors
John Q. MCarty-Evidence falsiiyng assertion that
bankrupt lost 50 500 in 1889 is sufficient mpeach
petition and schedule unless also shown that he had the
money the time Of his application II bankrupt
examination, discredeG 10 point OF fact the fact
can be inferred contrary 10 his assertion An assertion
made by bankuppS wife in his presence and denied by
him. canno, impeach his testimony. voluntary convey
ance of property before he passage CT the act by nSo
vent diyes,s his tile and he need set forth such his
inventory
ROYAL Hal and Jacob Van Vakepbursh-Csmpulsory.-
The cOuslsSicseI Detu
where the deposition itself shows that the oath was admin
ered where the officer resides The application TO The
The time The petition comes into action, and not IL
date a,eS,ao The petition must show or ITS lace thai
the coparneship, snch owes over Sooo ana al th'
acts of bankruptcy were committed dsring The partnership
Aaron Abrahams-A petition being sworn TO nine day
before presented affords bar 10 1t property is acqaet
By the bankrupt during The interim it must pass to The as
signee Objections legal points will delay areerenct
to facts Pocrasinatoa viii not be permitted onths par
olohjectons Decree of bankruptcy granted.
George acknowledgement nusi take IA order on ths
docket for hearing within two days on points OF ia" ana III
slanter filing for areerenCe TO commissioner oelee
lions decree OF bankruptcy cannot except on leave
be used against that for discharge.
POLICE OFFlcE.-JUvESlLE DEPRAviTY.-
Mary Kelly, Catherine Morgan and Mary Shadbot, born
respectively in Ireland New Orleans aud Fance and mons
OF the 10 years age brought out OF houses
prostitution in Reade and Elm streets, Friday nigh;
where they bad been kept short tune for the most vile anS
vicious purposes They by Justice Stephens
The House Of Refuge them ii possible from absolute
ruin
ARREST ork PIcSpocHETs--Two noted pickpocket
aamed Thomas Henry and Francis Fayard ARRESTED
on charge OF having picked The pocket OF Wam Henry
Lane, No. cornelaireei OF his pocket book and SOME
papers while he was s,apng in ChsIhan.square attending
an auction sale OF furniture. William Burke of ii o,,st
the prisoners feeling the pockets persons III,
auction, did apo,hes genilems-and the former saw
Henry take poke, out OF Lanes pocket, and thei
step back leaving Fayrd eest to Lane When Lane crict
oui that his pocket had been pcked the pocket book
exprsssog heir ingnason at being charged gentlemen
they were with such oaeesend being taken the Pc
lice office, were committed 10 prison
BROTHER RoRBlSC BRorHEg.-Wiiliam McGi WIS ar
rested and committed charge of having. the 7h inst
stolen watch with chain and key md tour breast pins
wsrs sl2 from bis brother John McGil Of No 45 Wash
ngtontreet the greater part OF which be disposed of
Dir, Joseph, AL Broadway.