The Proceedings of the Old Bailey

 

467.   HENRY BRASHOLZ , Unlawfully omitting to discover to his trustee in bankruptcy certain property, with intent to defraud.

MESSRS. GRAIN and ST. AUBYN Prosecuted; MR. GEOGHEGAN Defended.

  CHARLES L'ENFANT . I produce the file of proceedings in the defendant's bankruptcy—he filed his own petition on 22nd September, 1885,

and was adjudicated bankrupt on the 28th—the first meeting of creditors was October 14th—in the statement of affairs the gross liabilities are put down 2,582l., the net liabilities 1,982l., the assets 49l. 18s., consisting of cash in hand 19s., stock in trade 10l., furniture 30l.,—there were several examinations, which were taken in shorthand.

Cross-examined. He passed his public examination on January 13th, no criminal steps were taken till February 2nd, when an order was made to prosecute—Mr. Sidley was the solicitor for the opposing creditor, and Mr. Aldridge, the solicitor to the official receiver, also opposed.

Charles Leggatt Barber, and——Edsol, two official shorthand writers of the Bankruptcy Court, certified to the correctness of the transcript of their shorthand notes which were put in.

  GEORGE REEFORD . I am assistant official receiver to the Bankruptey Court, and under the Act I am the defendant's trustee—I made inquiries into the defendant's dealings, and so did Mr. March, who acted under me, and official books were kept recording the results of the examinations and the money received—everything has been done in due course, and in consequence of the inquiries by Mr. March I made a report to the Bankruptey Court and communicated with the Board of Trade—this prosecution was ordered by the Court, and the Board of Trade sanctioned it.

Cross-examined. Robinson and Fisher acted as official brokers, and seized a quantity of furniture at 13, Ambler Road; the property had been seized previously by a warrant from the Court, and after they had made a valuation they were instructed to remove the goods for sale—I received a communication from Woolf and Co., of Lincoln's Inn Fields, that the furniture was claimed by a number of persons; I received a letter from them after 5 o'clock one evening, ad gave them notice that the furniture was claimed, which was made the subject of a motion before Mr. Justice Cave at the instance of the claimants; that motion occupied two or three days; some of the property went to the Official Receiver and some to the claimants—I valued the property which went to the Official Receiver at 17l., but in order to avoid an action I agreed to accept 15l.,—Justice Cave, I believe, ordered both sides to pay their own costs; I do not know that they have been taxed yet—on December 19th the defendant's solicitor called on me about redeeming his diamond ring, and it was redeemed the same day; I had never heard of it before, it was not to my knowledge disclosed in his examination; the first I heard of it was when he called.

Re-examined. I have no interest in this matter; I am a salaried official, I do not benefit by costs—the total value of the furniture was given between 60l., and 70l., and it was not until instructions were given that any official notice was given—they were issued under a warrant from the Bankruptcy Court, under the impression that they were the debtor's property, and Mr. Justice Cave's order was made.

  ALFRED SOLOMON . I am in partnership with Jacob Levy, of Aldersgate Buildings, as manufacturers of cosaques and bon-bons for shipping; our premises are about five yards from the Ben Jon son public-house, and about five minutes from the Falcon—I have known the defendant 15 or 16 years; he kept a restaurant a great part of the time—I visited the Ben Jonson almost daily when he had it and the Falcon—he carried on the Ben Jonson up to a few days before his bankruptcy, and at the Falcon also—I was at the Falcon within a day or two of the

date of the petition, September 22nd; there was stock there—the Falcon is an ordinary public-house; the Ben Jonson is rather small, the stock was wines, spirits and cigars—Messrs. Collier Brothers were the brewers to the Falcon—I do not know who were the brewers to the Ben Jonson—I should say the stock of the two houses at the lowest estimation was between 500l. and 600l., not including the fixtures in the bar, which belonged to the house—I have lunched there; there were knives, forks, linen, and plated goods—I have dealt in all these kind of goods, as I am a large shipper of all kinds of wines, spirits, and cigars to the Cape—after the petition was presented I went to the Ben Jonson, the bulk of the stock had been removed; I went to the Falcon, that was closed; that was a considerable time after the petition; there was furniture at both houses—he has three daughters and a son—I had had a bill of sale on the furniture for I should say five years, but I had not at the time of the bankruptcy—I saw some of the furniture at Ambler Road after the bankruptcy, and identified the greater portion of it as the furniture I knew, at Islington, where he lived at one time, and at the Falcon—I recognised furniture, pictures, and clocks, which I had known for years—I had a bill of sale on them when he lived at Duncan Terrace—I estimate the value of the furniture I identified at Ambler Road at about 120l.—I took possession of it with the tipstaff of the Bankruptcy Court, and saw the defendant's daughter Mary there—I know the Yorkshire—I have often been there before the petition—I used to dine there very often and saw the defendant attending in the restaurant, and serving in the bar; he told me he had taken the place, and I lent him 50l. to take up the lease—these two letters are in his writing—I was there very often from the time I lest him the 50l. up to the bankruptcy, and always saw him there assisting in the business; he had no daughters in the business at the Yorkshire. (Letter read: May 10th, 1885. Please do not part with the cheque until you hear from me." Another letter stated: "I regret not being able to keep my promise to-day; kindly give me a few days and everything will be all right. H. Brasholz.") I have seen these pink papers at the Yorkshire, they were distributed at different tables. (Giving a long list of wines.) I went to the Yorkshire after the bankruptcy and saw his daughter, his son, and all the servants from the other house—I was a creditor for 480l., but now it is only 300l., as there were two bills which were backed by somebody else; his son-in-law had drawn them on him, and the drawer paid them—I have never seen any books at the Falcon; I went there to find papers and documents, but found none.

Cross-examined. Mr. Sydney is my private solicitor, and he is acting for the Treasury in this case—my firm is Jacob Levy and Co., I am the senior partner—this claim was sent in in Mr. Levy's name, he is here—when I went to the Falcon I found only 1s. worth of orange bitters and some coloured water, that might have been six weeks after the bankruptey; I was in both houses within a week of the bankruptcy—I did not know that any man was in possession of the Falcon on 10th September, and that the defendant was not there at all—I maintain and I swear that the property and stock were worth between 500l. and 600l.; I go from my own judgement, not from what anyone told me-the defendant left the Falcon a few days before 7th September, and removed his stock to the Yorkshire; I did not see him remove it-my house of business is not called "The Factory" to my knowledge; it is only a temporary place,

we are shippers—I don't think I have had 10 bills of sale within the last 10 years, I have not lent a penny on bills of sale in the last five years; I think the last bill was to the defendant—I dare Bay I have turned over a few millions in my life; I have negotiated tradesmen's bills, but not at 50 per cent, interest, I would not do such a thing; I cannot tell whether Mr. Levy has—I am winding up my business, Mr. Levy is going to take it over; he knows more about the last few transactions than I do, including this one; he was not called as a witness at the police-court—whether the furniture which I have valued at 120l. is only worth 60l. or 70l. is a matter of opinion; I value it according to my idea, what it would realize I don't know—I was never in the cellars of the Falcon, or the Ben Jonson; I can judge of the stock in the bar, but not of the beer—I have been upstairs at the Ben Jonson; Mrs. Clark sleeps there I believe—I have been in every room except the bedrooms, two or three other persons live there—I have been in the sitting room at the Falcon, and in the drawing room, and I have been on the first floor, and in the ordinary bar parlour, that is not the sitting room—I have been upstairs at the Ben Jonson, there was very little furniture there; I have not been further than the first floor—I knew the defendant when he kept the Neckar restaurant, and when he kept another house in the City Road, 17 or 18 years ago—I had no money transactions with him there; Mr. Levy was not in England—I took two bills of exchange on the 47, City Road, that is fully 15 years ago; the firm had bills of sale on that property, but they were in Mr. Levy's name—I had nothing to be ashamed of, I used to be a great deal away, and I left a great deal of the business to him—only a portion of that furniture was claimed under bills of sale—I know Hawker, an auctioneer, and I know you have got him here; I have been to see him since the defendant has been committed for trial, to ask him if he recollected anything about the sale at the Neckar; I did not go to find out whether I should be safe in saying that I recognized some of the property, nor did I when I found out that he had sold it turn round and say that it was at Duncan Terrace I saw it—the defendant has a step-daughter, Mrs. Clark—the lease of the Yorkshire was in her name—the defendant was at the Ben Jonson And the Falcon daily; he lived at the Falcon, and never missed hardly a day in going to the Ben Jonson—I was always on the best of terms with him up to his bankruptcy, and I have been very friendly towards him, and have actually sold him goods under the market value—I deny that these were goods that I seized from a creditor under a bill of sale; they were goods which I had advanced money on, and which people could not redeem. Q. Do you recollect once charging this man 1l. 5s. for holding over a cheque for 50l. for a fortnight? A. That transaction took place with Mr. Levy; he does all the dirty work.

Re-examined. The defendant has never paid the interest or capital—I shall lose that 50l.; and it is not only that 50l., I am a loser of 300l.; that is part of what I am claiming—I said to him "You are going out of business; I have been a good friend to you, you must reduce your account"—he said "I have bought cigars"—I said "How is it you cannot get on? I advised you not to take the Yorkshire; if you have not got capital enough to carry on one business, what do you want with another house?"—he had stopped for 700l. or 800l. before, and he used to tell me that he was taking 500l. a month in the two houses—I saw the bulk of the stock at the Yorkshire, it was not the stock which had

been at the Falcon—I had a bill of sale over the property at Duncan Terrace, which I gave up to him voluntarily, without being paid off—I gave up my security and received no value, and from that time to now I have had no bill of sale.

  JOSIAH SORRELL . I am a greengrocer, at 7, Westmoreland Buildings, Aldersgate Street, a few yards from the Ben Jonson, opposite it—the defendant was the proprietor for what I know—early in September, 1885, I saw a one-horse covered van and two men there, moving goods about 7 a.m., and I had seen them twice in August—I saw some furniture in the van, and one or two Cherbourg potato cases—the defendant's daughter was on the door-step—they were moving tables and chairs both times and small parcels—"Smith, New North Road, Islington," was on the tarpaulin.

Cross-examined. I never saw the defendant at the removal of the goods—I used to see Mary Brasholz behind the bar, much oftener than the defendant—I know Solomon—I understand he is a money-lender—he id not ask me to watch, he asked me to take the name and address of the van if I saw one there—I cannot tell whether the van was full or half full, I was attending to my work—I heard at the police-court that Mr. Clark brought a lot of furniture to that house—the defendant was only an occasional customer of mine.

  CHARLES SHUTTLEWORTH SMITH . I am a greengrocer and carman, of 153, Shepperton Boad. New North Road—I only know the defendant by sight—I removed some furniture and boxes from the Ben Jonson public-house last August—I saw Mrs. Clark there, she gave me instructions—I went four times, and took a little furniture each time, as they could spare it, and took it to Ambler Road, Finsbury Park, where Mrs. Clark was supposed to live—she rode with me—there was nobody in the house, but she opened the door—I asked her to have it done early in the morning because I wanted to get home to my business—I went at 7 a.m., and would have gone earlier if she would have allowed me—I have known her as a customer for the last five years—I also moved a bed with a small van.

Cross-examined. I never saw the defendant till he was undergoing his examination at the Law Courts—Mrs. Clark paid me each time, except for the bed, I hate not got that yet—she lived in Philip Street, and I helped her to move some furniture from there to the Ben Jonson, and I believe it was the same—there were spoons, and pots, and utensils, not a quarter of a load each time—there were some potato boxes, a kind of light crate with a space out of each in the centre; if you put heavy goods in them the bottom would fall out—on the fourth occasion I took away the potman's bed.

  EDWARD GRANGER . I am a furniture remover, of 18, Pentonville Road,—in consequence of an order which my brother booked, from Mrs. Brasholz I believe it was, I sent a van to remove some furniture to the Falcon on 27th July.

Cross-examined. The man brought me the money; I don't know who paid him.

  GEORGE TREMLETT . I am Mr. Granger's carman—I went with another man and a large two-horse furniture van, to the Falcon; we began to load between 6 and 7 a.m.; it was about three-parts full—we took it to Seven Sisters Road.

Cross-examined. I don't know who took in the goods—if I said at the police-court that a lady took them in, that was true.

  GEORGE LEWIS . I am in Mr. Granger's employ—I went with Tremlett—we took the goods to a turning out of Seven Sisters Road.

  WILLIAM MORGAN . I am deputy tipstaff of the Royal Courts of Justice—I had a warrant for the defendant's arrest, and after executing it I went with Solomon and Sidney to Ambler Road, to execute a fresh warrant from the Bankruptcy Court, but could not get admission—I then went to the Police-court and gave instructions—I went to the house again on the 9th, knocked at the door, and a female voice said, "You must not force the door in"—I said "That is Polly's voice"—I went to the station again and got the numbers of two cabmen, Etheridge and Chantrey, who gave me information, and I went to 29, Lamington Street, Finsbury Park, with a fresh warrant and tried to get admission, but could not—Mr. Lavender subsequently took me to a house in Landrock Road, Crouch End, where I saw some bottles of spirits and some electro-plate, and then to 13, Ambler Road, where I found the official receiver in charge of the furniture.

Cross-examined. I saw 30 gallons of spirits of some kind at Landrock Road—Mr. Justice Cave said that he had clearly made out his claim to the whiskey and brandy, and it was given up to Mr. Hayter—the electroplate was two or three old-fashioned corner dishes and odds and ends—there was a lot of linen but it was not seized; I understand it belonged to one of his daughters who was on her honeymoon—I had a conversation with Mrs. Clark—the furniture was in the custody of the official receiver.

  WILLIAM DILLWORTH (Police Inspector). I was a sergeant in October, and on 8th October 1 watched 13, Ambler Road, and about 11.25 p.m. a cab drew up at the house; some packages were put in and a lady got in; another person was inside.

  ARTHUR ETHERIDGE . I am a cab proprietor and driver—on 8th October, between 11 and 12, I was engaged to take up at Ambler Road—some things were taken from there and I drove to Almington Street.

Cross-examined. Two ladies were in the cab—I have never seen the person since who engaged it—a few trifling articles were put in.

  WILLIAM CHANTLER . I am a cab-driver—on 9th October, about 6.30, I went to Ambler Road with a four-wheeled cab, took up some things, and went to Almington Street, or Road.

  JOHN ADDISON RUSSELL . I am a pawnbroker of 37, Fore Street—I produce a contract note for a ring pawned for 15l., and redeemed—I saw it at Guildhall since—it is worth about 20l.—I think this (produced) is it.

Cross-examined. I did not take it in—it would have been double the value 20 years ago.

  ALFRED COTTON . I am assistant to Mr. Russell—on 22nd September the defendant pledged a ring for 15l.; I cannot identify it—the chief official receiver redeemed it for 15 guineas, and gave me a letter of indemnity.

  WALTER REEVE . I am one of the firm of Heep, Son and Reed, auctioneers—we act as levy brokers to Messrs. Collins, of the Falcon tavern—on 9th September, 1885, we had ft warrant to execute for 185l. 5s. 10d. for arrears of rent due to Collins, which was executed on October 8th—

when I went over the premises with the bailiff there was no stock of any kind, only two barrels of bout beer, a few half-bottles of lemonade, and some old furniture, but no books, papers, or documents; I looked carefully—the bar fittings belong to the landlord.

Cross-examined. This (produced) is the inventory of the furniture I found there—it fetched about 24l.

  JOHN HOLLAND . I am in Messrs. Reeves' employ—I went over the Falcon on 8th October and took stock next day—I found no account books, invoices, receipts, or business books—I had particular instructions to search for them.

  ARCHIBALD REED . I am one of the inspectors of the London Bankruptey Court—I went to the Falcon on September 28th, about six days after the petition—I found no books—I roughly valued the furniture at 120l.

Cross-examined. I was sent to see whether the Falcon was worth the trustee's while to take possession of, and to pay off the mortgage; nothing was said about looking for papers, but I should have taken them if there had been any.

  SIDNEY THOMPSON . I am one of the firm of Bonner, Wright, and Thompson—we are solicitors to Mrs. Cooper, the lessor of the Yorkshire Tavern, a lease of which was granted to the defendant early in 1855—I prepared the draft lease; it is in the defendant's name—it has been cancelled and a fresh lease granted to Peter Joseph Hey man.

Cross-examined. I think Mr. Reeford, the Official Receiver, told me that he made no claim to the Yorkshire—no claim has been made.

  CHARLES JOHN MARSH . I am one of the chief clerks in the Official Receiver's Department, London Bankruptcy Court, and have had, under Mr. Reeford, the conduct of this bankruptcy petition—I received these three books from the bankrupt (produced) and got the bankers' pass-book from the bank—these books are all in pencil—they are a takings-book, an expenses-book, and this inventory was left on the premises—I received some wine from Mr. Heyman—this is a copy of the list taken by the inspector, dated November 20, 1885—it has been sold by auction for 40l.—I caused a ring to be taken out of pawn for 16l.—I had not heard anything about it from the bankrupt—he did not inform me or any one in the office of this wine being at the Yorkshire.

Cross-examined. This book shows a payment of 20l. 10s. on April 28, 1885, and 2l. 1s. 3d. the day before, and opposite, at the left of the page, I find 2l. 0s. 10d. paid out; so the first book shows the small amount paid out each day—the other is the cash-book, which shows the takings—I do not see any balance—these and the brewer's and distiller's books are all he kept—the takings are about 70l. a week—supposing a debt was due, the brewers and distillers would not be likely to get possession of the books—there is an entry in the bank-book "Collier and Co.," I believe they are the brewers.

  JOHN VARLEY . I am Inspector of the London Bankruptcy Court—I received instructions from the Official Receiver, and on 20th November, 1885, went to Winchester Buildings—I found that Peter Joseph Hyndman lived there, and he showed me some goods, of which I made a list—he did not object to the wine being removed the next morning by Robinson and Fisher, and it was afterwards sold.

Cross-examined. He was advised by his solicitor to give up the wine.

MR. GEOGHEGAN submitted that there was no evidence to go to the Jury as to the books, and the RECORDER haxing examined them, MR. GRAIN withdrew the counts relating to them from the Jury.

  JOHN VARLEY (Re-examined by MR. GEOGHEGAN). I do not know that the defendant gave these wines to Mr. Heyman because he was pressing for payment—I did not hear how they came into Heyman's possession.

  PETER J. HEYMAN . I am a licensed victualler—I hold the license of the Old Yorkshire, which you have been calling the Yorkshire Tavern—it was transferred to me in January this year from Mary Brasholz, the defendant's stepdaughter, who is now Mrs. Clark—the lease is in my name—it was granted to me after the defendant's bankruptcy—it is a new lease from Mrs. Cooper to me about the end of November—I paid 75l. premium for it to Mr. Thompson, and all the costs—the first lease was assigned to Brasholz and Co., of which I was a partner when it was granted—previous to September, 1885, I was a partner with the defendant in the Yorkshire—I had a lot of stock there—it was there on September 22—part of it was supplied by Cunha and Nephew, and it maybe about 250l. by Mr. Brasholz—Brasholz did not put it in, he bought it with my money—I did not buy it myself, in consequence of my partnership deed. (Produced, dated April 8, 1885.) Nothing is said in it about the capital to be provided by each—I bought the stock with my own money, because the defendant was sole manager—I will swear that every penny piece that was put into that business was put in by me—I put in over 2,000l. in the shape of fixtures and stock—I got the money from Mr. Cunha and Mr. Hartop—I have not got the bankers' book here, but I have produced it before and can again, if you wish it—I have receipts to show that I purchased the stock of the Old Yorkshire—I have been subpoenaed here, but not to produce any books—I sent to the Ben Jonson for the wine, which I handed to the official of the Bankruptcy Court in the beginning of September, not later—I gave it up because I was told by my solicitor that according to the new Bankruptcy Act it was an undue preference to give it to one creditor—Mr. Cunha was a creditor—I never took it to the Yorkshire, I removed it direct to my establishment in Winchester Buildings—I do not owe rent there—the landlord had asked me for the rent and I had not paid it—600l. was owing to the defendant when we dissolved partnership on 8th September—I was manager to Cunha and Nephew—he has gone to Madeira because one of his partners died—they are general wine merchants—some of the stock belonged to them and some to the defendant.

Cross-examined. All the wines which I read out, the defendant gave his acceptance to Cunha and Nephew for—I was then manager—since then Mr. Cunha has gone to Madeira and I have taken the business—I pressed the defendant to pay, and when my solicitor said it was an undue preference I volunteered to give them up to the Receiver in Bankruptcy—the defendant has not paid one penny in the Yorkshire—I was not supposed to produce documents—I have got documents to prove what I say—I have seen in the Ben Jonson and the Falcon—I have heard Mr. Solomon's evidence as to the value of the stock; it is a downright falsehood.

NOT GUILTY .