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<p>393.
<persName id="def1-393-18700502" type="defendantName">
<interp inst="def1-393-18700502" type="gender" value="male"/>
<interp inst="def1-393-18700502" type="age" value="17"/>
<interp inst="def1-393-18700502" type="surname" value="BRANSBURY"/>
<interp inst="def1-393-18700502" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BRANSBURY</hi> (17)</persName>
<rs id="t18700502-393-offence-1" type="offenceDescription">
<interp inst="t18700502-393-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18700502-393-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully omitting to deliver up all his property after being adjudicated a bankrupt.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEBLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-97" type="witnessName">
<interp inst="t18700502-name-97" type="gender" value="male"/>
<interp inst="t18700502-name-97" type="surname" value="JOHNSON"/>
<interp inst="t18700502-name-97" type="given" value="BERTRAM ROBERT"/>BERTRAM ROBERT JOHNSON</persName> </hi>. I am a clerk in the Record Department, Bankruptcy Court—I produce the file of the proceedings in the bankruptcy of George Bransbury, who made his, petition on 19th July, and the adjudi
<lb/>cation was on the same day—the choice of assignees was on 6th August; they were Mr. Robert Stack and Mr. Robert Blake—the accounts were filed on 2nd November (
<hi rend="italic">The accounts were put in, and showed a deficiency of</hi> 33
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.)—I also find this: "The following is a true list of all my property," which he enumerates; it is signed "George Bransbury"—I find a goods account, a cash account, and a deficiency account, filed on 17th January, 1870—in the cash account and the deficiency account I find refer
<lb/>ence made by him to the books which he did give up—there was a private meeting on 8th December—he passed his last examination on 8th February—this (
<hi rend="italic">produced</hi>) is the last examination form (
<hi rend="italic">This was sworn before the Registrar, J. R. Brougham, by the defendant, and stated that the statement of accounts, and the books and papers filed, contained a full and true disclosure of all his estate and effects, both real and personal, and that he had not con
<lb/>cealed, embezzled, or destroyed any of his books</hi>)—on 18th February, here is an order of Mr. Spring Rice for the prosecution.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was there a ten days' statement, filed about 2nd November?
<hi rend="italic">A.</hi> Yes, and cash account on the same date—I found in that the name of Broadbent—here is an account extending from May 30th, 1868, to July, 1868, in which I find money received, 251., and on 6th June, 1869, 5
<hi rend="italic">l</hi>. from the same person—on 20th May, 1869, on the reverse side, I find 10
<hi rend="italic">l</hi>., and on June 26th, 5
<hi rend="italic">l</hi>. from J. Broadbent—it is not stated to be for rent—on 16th July here is a farther sum of 5
<hi rend="italic">l</hi>. from Broadbent—there is a long examination of the bankrupt attached to the proceedings, and also of Gibbs and Broadbent—all those examinations took place on 8th December, 1869, before Mr. Registrar Brougham, who passed the bankrupt on his last examination.</p>
<xptr type="pageFacsimile" doc="187005020016"/>
<p>
<hi rend="smallCaps">MR. BESLET</hi>.
<hi rend="italic">Q.</hi> You were not in Court, and you do not know the cir
<lb/>cumstances under which he passed him?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-98" type="witnessName">
<interp inst="t18700502-name-98" type="gender" value="male"/>
<interp inst="t18700502-name-98" type="surname" value="WALKER"/>
<interp inst="t18700502-name-98" type="given" value="HENRY JOHN SAMUEL"/>HENRY JOHN SAMUEL WALKER</persName> </hi>. I am clerk to Mr. Paget, the official assignee in Bransbury's bankruptcy—he received nothing up to the appoint
<lb/>ment of creditors' assignees, and he has only received 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. altogether—it is usual when a bankrupt presents a petition, for written books to be delivered to him—this book (
<hi rend="italic">produced</hi>) with written questions to answer, was delivered to the defendant—there was then no writing against the printed questions—I did not deliver it to him—it came back with the answers written.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-99" type="witnessName">
<interp inst="t18700502-name-99" type="gender" value="male"/>
<interp inst="t18700502-name-99" type="surname" value="HARDWICK"/>
<interp inst="t18700502-name-99" type="given" value="EDMUND PONCE"/>EDMUND PONCE HARDWICK</persName> </hi>. I am a member of the firm of France & Hardwick, solicitors, of Littlehampton—they acted for the creditors—I find the defendant's signature at the end of this book (
<hi rend="italic">The book was put in and read</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-100" type="witnessName">
<interp inst="t18700502-name-100" type="gender" value="male"/>
<interp inst="t18700502-name-100" type="surname" value="HUMPHREYS"/>
<interp inst="t18700502-name-100" type="given" value="WILLIAM"/>WILLIAM HUMPHREYS</persName> </hi>. I am clerk to Mr. Stubbs, messenger of the Court of Bankruptcy—I took possession of the bankrupt's stock and fur
<lb/>niture; but not of his books—this (
<hi rend="italic">produced</hi>) is the inventory—the bank
<lb/>rupt was there, and I took possession of all he showed me—I left before the goods were sold—they were delivered into Streeter's possession.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where were the goods?
<hi rend="italic">A.</hi> In the painter's work-shop, at the back of the High Street, and some at the carpenter's work-shop, at the back of Surrey Street—he was residing at the house in High Street—there is a cottage at the premises in Surrey Street, close adjacent to the workshop—I have heard that a person named Gibbs lived there.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Is the cottage detached from the house?
<hi rend="italic">A.</hi> No, attached to the large house, Surrey House, I think it is—it is merely the buck part of the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-101" type="witnessName">
<interp inst="t18700502-name-101" type="gender" value="male"/>
<interp inst="t18700502-name-101" type="surname" value="STEADMAN"/>
<interp inst="t18700502-name-101" type="given" value="THOMAS"/>THOMAS N. STEADMAN</persName> </hi>. I am landlord of the Norfolk Hotel, Little-hampton, and know the prisoner—he came to me two or three weeks before his bankruptcy, and asked my permission to place a few of his building utensils in an out-building which I had—I gave him leave—it was not attached to the hotel, but at the further end of some meadows, not three minutes' walk from his carpenter's shop—I did not give him permission to go through the hotel yard—he was to provide himself with a key, and he afterwards told me that he had obtained one, and I placed some of his effects there—when I passed by occasionally I saw some scaffold poles, ladders, and what appeared to be two tubs of cement—they remained there a month or six weeks—on the day of the sale, or the day after, I heard a conversation in the smoking room, in consequence of which I said some-thing about the things in the shed, and after that Mr. Hardwick came, and the good were seized and taken possession of by Mr. Streeter, the auctioneer—I then saw two hand trucks, which I had not observed before.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been residing at Littlehampton?
<hi rend="italic">A.</hi> Since 25th March, 1869—the prisoner is, comparatively speaking, a stranger to me; I never spoke to him twice in my life—I cannot get the date when the prisoner came to me—I have always heard him spoken of as a respectable, hardworking, industrious man—everybody in the country round knows Messrs. Hardwick & French—I saw cement in one of the casks, it was half full.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-102" type="witnessName">
<interp inst="t18700502-name-102" type="gender" value="male"/>
<interp inst="t18700502-name-102" type="surname" value="GRUDGFIELD"/>
<interp inst="t18700502-name-102" type="given" value="ROBERT WILLIAM"/>ROBERT WILLIAM GRUDGFIELD</persName> </hi>. I keep the Britannia Hotel, Piear Road—there is a shed in rear of my house, and a loft, and distinct from them a skittle alley, covered in—a narrow lane loads to the back of my premises to</p>
<xptr type="pageFacsimile" doc="187005020017"/>
<p>the Pier Road, and there is ft doorway from the back of the bankrupt's premises into the lane—there is not more than 3 ft between our back doors in the lane—about the beginning of July last, the bankrupt came and asked me if I had got a place I could let him put some things into—I said yes, I had a place which I wanted to let—I took him to the back premises, and showed him the shed, with a loft over it—he said it would do very well, and he would take it—I said nothing about rent—I saw nothing of him afterwards for a month or two—I never saw him on the premises, or any of his people—two or three days after the conversation I noticed a padlock on the door, which had not been there before—I never saw anything put into the loft or in the shed—one or two empty casks are in the skittle alley now, and several things were put there, some old scaffolding boards, two or three old broken sashes, and two or three empty casks, such things as I should put no value on—I saw nothing taken in or out—there were chinks in the flooring before the bankrupt took the loft, and you could see into the loft; but they were covered up afterwards—I do not know what was in the loft—two or three months after the lock was put on, the bankrupt called and asked me if I had heard of his little affair—I said I had not—he said that Mr. Hardwick would advance him no more money, and he should have to go through the Court; he did not wish to got me into any trouble, and he would take the things off my premises—I said "Yes, do, do not get me into any trouble—I afterwards noticed that the lock was taken off—after the witnesses came up to London I went to Mr. Streeter and gave him information, and next morning Mr. Streeter and Mr. Hardwiok came to my place—some old scaffold poles and worthless things were found on my premises, and the old things in the skittle alley, and a few empty cans in the loft—he never used the shed.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you known the prisoners?
<hi rend="italic">A.</hi> About twelve yeas—he has been a respectable, honest fellow all the time he has been there—his wife has been ill, and I have heard that he had trouble at home—if the things had been sold they would scarcely pay my rent, they were fit for nothing but firewood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-103" type="witnessName">
<interp inst="t18700502-name-103" type="gender" value="female"/>
<interp inst="t18700502-name-103" type="surname" value="GRUDOFIELD"/>
<interp inst="t18700502-name-103" type="given" value="SUSAN"/>SUSAN GRUDOFIELD</persName> </hi>. The bankrupt came to our premises with his son and his son-in-law, Mr. King—he brought some new window-sashes, and a roll of lead, which were put into a loft over the shed—that was all I saw—there was a lock on the loft door, and I had no opportunity of seeing what was inside—I do not remember seeing them there again, or seeing the things taken away—they were brought before the bankruptcy, between 6 and 7 o'clock in the morning.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you known the prisoner?
<hi rend="italic">A.</hi> Yes, and his wife; she has been ailing a very long time, and is a confirmed invalid—he has always lived in High Street—our premises adjoin the workshop in Surrey Street—I never heard anything against his character.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-104" type="witnessName">
<interp inst="t18700502-name-104" type="gender" value="male"/>
<interp inst="t18700502-name-104" type="surname" value="MILLARD"/>
<interp inst="t18700502-name-104" type="given" value="HENRY"/>HENRY MILLARD</persName> </hi>. I live at Littlehampton, and remove goods—I know the prisoner very well—he came to me about two months before Christmas, 1869, and I removed some goods for him from the back of the house he owned in Surrey Street, and put them in my stable in Bury Lane, about a quarter of a mile off—there was, I think, a pump or two, and a pipe of lead; they did not half fill the two-wheeled cart—it was about 6.30 in the morning—I carried them about half-way, and my son delivered them and put them down—the prisoner was present when I took them—they re
<lb/>mained in my stable six weeks, until Mr. Hardwick took possession of them</p>
<xptr type="pageFacsimile" doc="187005020018"/>
<p>—there were a quantity of laths, and some iron weights—I took them from the other shop in Duke Street, and put them in my stable the same day, I believe—there were two journeys—he agreed to pay rent but never did.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you known him?
<hi rend="italic">A.</hi> Ever since I can remember—he paid me 2
<hi rend="italic">s</hi>. or 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for drawing the goods away—I could not swear to the things if I saw them.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Did you have a cart-load the second time?
<hi rend="italic">A.</hi> Only some laths and iron weights.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-105" type="witnessName">
<interp inst="t18700502-name-105" type="gender" value="male"/>
<interp inst="t18700502-name-105" type="surname" value="MILLARD"/>
<interp inst="t18700502-name-105" type="given" value="JOHN SIMMONS"/>JOHN SIMMONS MILLARD</persName> </hi>. I am the son of the last witness, I drove the cart from the Britannia—it contained two or three pumps, and old things—I removed the laths from Duke Street myself—I afterward saw things like them in Mr. Snewin's possession.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you known the prisoner some time?
<hi rend="italic">A.</hi> Yes—he did a great deal of building—he paid me my wages—he had a painter's shop at the back of High Street, opposite our house—his time was up when he moved the goods.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did he tell you he was going to be bankrupt?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-106" type="witnessName">
<interp inst="t18700502-name-106" type="gender" value="male"/>
<interp inst="t18700502-name-106" type="surname" value="COOK"/>
<interp inst="t18700502-name-106" type="given" value="JOHN"/>JOHN COOK</persName> </hi>. I am landlord of the Beehive, High Street, Littlehampton, which is one corner of the lane running into the High Street, and the defend
<lb/>ant's place was at the other corner—on 8th February, this year, young Brausbury brought some things and put them into my cellar—I saw some of them, not all—I saw a pail and some Swede turnips—when I found out the quantity of things which had been brought I gave information to the assignees, and the things were taken possession of—I had heard of the bankruptcy.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What else was brought?
<hi rend="italic">A.</hi> Some brooms and earthenware pans, by his son—it was on 8th February—I do not know that the defendant was at that very time in prison—I saw him the day before—he was taken in custody on the 8th, but he did not leave in the morning—the son has been carrying on the business on the father's premises, and the mother was ailing and confined to the house.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What other things were there?
<hi rend="italic">A.</hi> On Friday, when I went into the cellar, I found a lead pump—there was a box, which Mr. Hardwick opened, and it contained books.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-107" type="witnessName">
<interp inst="t18700502-name-107" type="gender" value="female"/>
<interp inst="t18700502-name-107" type="surname" value="BENNETT"/>
<interp inst="t18700502-name-107" type="given" value="ELIZABETH"/>ELIZABETH BENNETT</persName> </hi>. I am a charwoman, and work at the Beehive—on Tuesday, 8th February, I saw Mr. Bransbury's son going in and out of Mr. Cook's cellar frequently, from the afternoon up to 5 or 6 o'clock—he brought a lead pump, and a box, and a jar of colour, some earthenware pans, a sauce
<lb/>pan, a box, and some dishes—the box was brought between 4 and 6 o'clock—it was light at that time—I believe the things are in the cellar now—I have seen all but the box there since Mr. Hardwick came—I did not point them out, but Mr. Cook saw them on the following Thursday, and spoke to me about them.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know that on that day Mrs. Bransbury and her sun had been turned out of the house by the assignees?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-108" type="witnessName">
<interp inst="t18700502-name-108" type="gender" value="male"/>
<interp inst="t18700502-name-108" type="surname" value="SNEWING"/>
<interp inst="t18700502-name-108" type="given" value="JAMES ANDREW"/>JAMES ANDREW SNEWING</persName> </hi>. I am a surveyor to the Local Board of Health, Littlehampton—I have made this plan (
<hi rend="italic">produced</hi>) to a scale, it is correct—it shows the Britannia Inn and the bankrupt's premises adjoining, also High Street and Duke Street, and the stable to the Norfolk Hotel—I have coloured green the place mentioned where the goods were found—on the 21st February I received directions from Mr. Hard wick's clerk to go to</p>
<xptr type="pageFacsimile" doc="187005020019"/>
<p>Millard's stable—I made the inventory of what I found there, two lengths of lead pipe, and a coil of lead, weighing together 5 cwt. 2 qrs. 2lbs., a lead pump, some weights, laths, and other articles, value 11
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know that the bankrupt's son has been carrying on the business?
<hi rend="italic">A.</hi> I do not.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-109" type="witnessName">
<interp inst="t18700502-name-109" type="gender" value="male"/>
<interp inst="t18700502-name-109" type="surname" value="STREETER"/>
<interp inst="t18700502-name-109" type="given" value="JABEZ"/>JABEZ STREETER</persName> </hi>. I am an auctioneer, of Littlehampton—I was em
<lb/>ployed by the assignees under the bankruptcy—I went to the Norfolk Hotel, kept by Mr. Stedmun, and took possession of some goods, of which I have an inventory—there were two builder's trucks, four ladders, two empty cement casks, a galvanized pail, and a hogshead—they are still in my possession—they are worth from 3
<hi rend="italic">l</hi>. to 4
<hi rend="italic">l</hi>.—some time afterwards I went to Mr. Grudg
<lb/>field's and took possession of a thirty-six gallon copper, a cask containing twenty-eight gallons of tar, a wash tub, two sash doors, a deal frame for a door, and other articles, value about 5
<hi rend="italic">l</hi>.—I think the loft was unlocked—it was 4ft. 4 in. long, 10 or 14ft wide, and 12 or 14ft high—it had no ceiling—I think one of the cans was marked "Mander"—there was a label on it directed to Mr. Bransbury—one of those was shown to Mr. Stark—I went to the Beehive and found a mould for running lead casements, a box of books and papers, which Mr. Hardwick took possession of, a keg of Turkey umber, and some boards, and other small articles, worth about 4
<hi rend="italic">l</hi>., but the box and the books I put no value upon—I afterwards went to a field with Mr. Hardwick, who took possession of a ladder of about forty rounds, value about 30
<hi rend="italic">s</hi>.—it was about 200 yards from the premises in Surrey Street, lying under a wall in a field—the bankrupt had a horse, two carts, and two sets of harness before the bankruptcy, which I saw in his possession three or four weeks afterwards—I saw them when I was taking the inventory for the sale, under the bankruptcy, and he told me they did not belong to him—he had them I should think a year before the bankruptcy—I prepared the inventory of sale—the first sale was the 25th August, 1869—that was a sale of stock given up by the bankrupt—52
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. was the gross amount of the sale—I don't think that included any of the property at the Norfolk or the Bee-hive, or in the field.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you known the Beehive a long time?
<hi rend="italic">A.</hi> Yes, twenty years—I have done business with the defendant and had money transactions with him—he has proved fully trustworthy—the second sale was on the 16th February, of the furniture, that realised 30
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—down to the 16th February, 1870, the defendant, his wife, and son, resided at High Street—the messenger went into possession before the first sale—he took an inventory, and then left the possession in my hands to conduct the sale—the bankrupt and his son were both present at the sale of the stock, on the 25th August—I went carefully over the house in Church Street, and the painter's workshop in High Street, and the house and car
<lb/>penter's workshop in Surrey Street—some building materials were kept at the carpenter's shop, but not much—the bankrupt bought things to the amount of 19
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for himself—I think there were some sashes and frames similar to those I found at the Britannia; those were the only things—the son did not buy anything—I have the names of all the persons who bought things, and I have not his name—Mr. Gibbs was not at the sale—the de
<lb/>fendant told me that the two carts and harness belonged to Broadbent, but not the building materials—I was not told that he sold the building materials to Broadbent—I had not a written notice from Mr. Gibbs—I have</p>
<xptr type="pageFacsimile" doc="187005020020"/>
<p>got the things now, and am holding them for the assignees—I don't know whether Broadbent is a creditor.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-110" type="witnessName">
<interp inst="t18700502-name-110" type="gender" value="male"/>
<interp inst="t18700502-name-110" type="surname" value="HABDWICK"/>
<interp inst="t18700502-name-110" type="given" value="EDMUND PONCE"/>EDMUND PONCE HABDWICK</persName> </hi> (
<hi rend="italic">re-examined.</hi>) I took possession in the second week in February of a wooden box, which was secreted in the cellar of the Beehive—a policeman came to my house—I had the box taken to my office and sealed up, and on the following day I opened it and found a quantity of books and two new ledgers containing accounts, and amongst them a number apparently unsettled, I think to the amount of about 40
<hi rend="italic">l</hi>.—there are debts as to which liability was incurred—one is an account of Joseph Duffield, February 20th, 1869, and there are some previous to that—they continue down to 19th July—there is one of Mr. Wright, another of Mr. Staples, Mr. Cook, Mr. Snewing, and Mr. Charles Saunders—among the papers I found an estimate book—I could not state whether all the books are in the defendant's writing—here is one entry at the end for some work done at the police station—that is in his writing and signed by him—it is the estimate of work made for Captain Montgomery, and is signed "George Bransbury"—there is no date—the amount is 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.,—I also find Captain Montgomery men
<lb/>tioned in the ledger account—it is not marked off as paid—it is one of the open accounts, but Captain Montgomery has paid it to the estate since the bankruptcy—here is an account which appears to be made out against Mr. Cook in the first part of the ledger; it begins December, 1868, and ends January, 1869, and the same account, with a trifling alteration, appears in July, 1869—it is almost identically copied but on a different date—the date has been altered in many places in the books, and some dates are altered by erasures—here is one account against Mr. Harmsbury, it is dated in July and the date has been scratched out and the 30th put in on an erasure, sub
<lb/>sequent to the date of the bankruptcy—there are fifty-two accounts alto
<lb/>gether subsequent to the date of the bankruptcy—there has been no information by the bankrupt with reference to those fifty-two accounts, they amount to 34
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I believe, originally, when the totals were taken out as they first stood, the debts entered in this ledger represented 70
<hi rend="italic">l</hi>. or 80
<hi rend="italic">l</hi>. but when they came to analyze them, and the collector came to collect them, there was a set-off which reduced them to 34
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—there is no informa
<lb/>tion in the books about any of the 80
<hi rend="italic">l</hi>.—this (
<hi rend="italic">produced</hi>) is the original estimate which I got from Captain Montgomery—it is a copy of the one in the estimate book—it is dated 12th June, 1869—his son claimed the amount, and brought an action in the County Court, and the Judge decided in the defendant's favour—I find no trace of any of those accounts in the bank
<lb/>rupt's books—I found a number of invoices in the box, as if made out for delivery from the ledger, as due to George Bransbury.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you known the defendant?
<hi rend="italic">A.</hi> About three years—I have only been professionally engaged for him about a year and a half, or two years—I did not send him in rather a heavy little bill previous to his bankruptcy, claiming 300
<hi rend="italic">l</hi>., which turned out to be only 200
<hi rend="italic">l</hi>. afterwards—I rendered him an account, previous to his bankruptcy, for 364
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—he was in a very small way of business, but was doing some large work for a client of ours whose estate we were winding up—the total amount due to him was about 400
<hi rend="italic">l</hi>., and to assist him I frequently paid him in advance before the money was due, to carry out his work, and that money would be due to him some day—I mean I advanced him money in expectation of getting for him what was due to him, and which would pass through our hands—this bill shows 244
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., balance due to him up to June—we</p>
<xptr type="pageFacsimile" doc="187005020021"/>
<p>took an equitable charge upon his property when he had exceeded a certain amount.</p>
<p>
<hi rend="italic">Q.</hi> You take precedence of everybody?
<hi rend="italic">A.</hi> We hare an equitable claim, which is not likely to be realised—we are not the persons who mortgaged the house in High Street for him—I did not conduct the mortgage business in Surrey Street—I don't know what business we ever did conduct for him—Mr. Hazlegrove's mortgage was prepared in our office—I did not buy the house in Surrey Street for him—the mortgage to Mrs. Tomkins was not carried out in our office—I prepared the lease of the premises in Surrey Street—it was executed—I never heard of any rent being paid—the rent to be paid was 40
<hi rend="italic">l</hi>. a year—I did not know that he had notice in September, 1868, to leave the workshop in High Street, in March, 1869—I don't even know who the landlord was—I may have conducted part of the mortgage to Hazlegrove; our people in the office did not do the rest—the Surrey Street business, I believe, was conducted by a solicitor, at Arundel—I never heard that he was in bad health in 1869—I know nothing of his family.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Has this 400
<hi rend="italic">l</hi>. been recovered?
<hi rend="italic">A.</hi> No; we have never charged him the slightest interest.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You have lent him money as a surveyor would have done?
<hi rend="italic">A.</hi> Yes—this account shows an advance of 720
<hi rend="italic">l</hi>.—the amount of the account he would have to receive would be 672
<hi rend="italic">l</hi>.—when he exceeded the 742
<hi rend="italic">l</hi>., and no more moneys were coming, I said "You must secure me"—he was allowed by the assignees to remain in the house, in High Street, till February, as an act of kindness, and to use the furniture—that explains why the furniture was not sold at the same time as the stock; it was to enable his wife to carry on her business of a cook's shop—I got no rent from Broadbent, Gibbs, or anyone else—I never saw Broadbent till to-day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-111" type="witnessName">
<interp inst="t18700502-name-111" type="gender" value="male"/>
<interp inst="t18700502-name-111" type="surname" value="PARKER"/>
<interp inst="t18700502-name-111" type="given" value="JOHN"/>JOHN PARKER</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>). I am stationed at Littlehampton—Captain Montgomery is the chief constable of East Sussex—about the beginning of June I went to the different painters in the town, and to the defendant, who gave me an estimate, and the work was done between 14th and 24th July—I did not see the prisoner there or his son; a man named Hitchcock, who had been apprenticed to him, worked for him; he and a boy did it all—the chief constable went down about the payment, but I do not know what transpired.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Has not Bransbury borne an excellent character during the time he has been at Littlehampton?
<hi rend="italic">A.</hi> I never heard other
<lb/>wise.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-112" type="witnessName">
<interp inst="t18700502-name-112" type="gender" value="male"/>
<interp inst="t18700502-name-112" type="surname" value="HAWKINS"/>
<interp inst="t18700502-name-112" type="given" value="CORNELIUS"/>CORNELIUS HAWKINS</persName> </hi>. I am clerk to French & Hardwick, of Little-hampton—since the books were found at the Britannia, I have collected six small sums of money, 14
<hi rend="italic">s</hi>., 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—I have called upon seven other persons, who have not paid their accounts, amount
<lb/>ing to 9
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-113" type="witnessName">
<interp inst="t18700502-name-113" type="gender" value="male"/>
<interp inst="t18700502-name-113" type="surname" value="SNEWING"/>
<interp inst="t18700502-name-113" type="given" value="JAMES ANDREW"/>JAMES ANDREW SNEWING</persName> </hi> (
<hi rend="italic">re-examined</hi>). My name is in the ledger account for 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., the prisoner supplied the things—I have paid the amount.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you know any person named Gibbs in his em
<lb/>ploy?
<hi rend="italic">A.</hi> No; I do not know that he has been collecting money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-114" type="witnessName">
<interp inst="t18700502-name-114" type="gender" value="male"/>
<interp inst="t18700502-name-114" type="surname" value="DUFFIELD"/>
<interp inst="t18700502-name-114" type="given" value="JOSEPH"/>JOSEPH DUFFIELD</persName> </hi>. I am a tailor and hatter, at Littlehampton, and have had business dealings with the defendant—I have been shown the ledger found at the Beehive, and have seen an account for 21
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6 1/2
<hi rend="italic">d</hi>., for goods supplied and work done about July last—I had made an arrangement to let him have clothes, and I had let him have clothes before his bankruptcy,</p>
<xptr type="pageFacsimile" doc="187005020022"/>
<p>to the amount of 7
<hi rend="italic">l</hi>. odd—there is a balance due of 3
<hi rend="italic">l</hi>. or 4
<hi rend="italic">l</hi>., giving him credit for what I supplied since the bankruptcy—he is as upright a man as I have done business with for the last thirty years—I never fell in with a more honest man than he was before this job.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-115" type="witnessName">
<interp inst="t18700502-name-115" type="gender" value="male"/>
<interp inst="t18700502-name-115" type="surname" value="SAUNDERS"/>
<interp inst="t18700502-name-115" type="given" value="CHARLES"/>CHARLES SAUNDERS</persName> </hi>. I am a master mariner, in May, 1869, I went a voyage to the Baltic—before I went I employed the defendant to paint my house, in Littlehampton—I came back on 29th July, and he had scarcely begun the painting—he had supplied me with a bucket and sucker to a pump, before I left; I think the price was about 7
<hi rend="italic">s</hi>.—when I returned he had repaired the cement, he said he could not get on with the paint till the cement was dry—I got his account some time in November; I have not paid it all.</p>
<p>
<hi rend="smallCaps">HAYWARD</hi>. I am a jeweller, of Littlehampton—on 1st April, 1869, I employed the defendant to fit up and paint my shop—on June 1st, I paid him 5
<hi rend="italic">l</hi>. on account, and on 10th July, 4
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., making 9
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean that you paid it to the bankrupt himself?
<hi rend="italic">A.</hi> Yes, in my shop—I have heard of a person named Gibbs in his employment.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-116" type="witnessName">
<interp inst="t18700502-name-116" type="gender" value="male"/>
<interp inst="t18700502-name-116" type="surname" value="STAPLES,"/>
<interp inst="t18700502-name-116" type="given" value="THOMAS"/>THOMAS STAPLES, JUN</persName> </hi>. I am landlord of the Cricketer's Arms, Little-hampton—in July, 1868, I employed the defendant to make a sign-board, paint it, and put it up—it came to 3
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—he owed me 35
<hi rend="italic">s</hi>., and I was indebted to him for the balance.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-117" type="witnessName">
<interp inst="t18700502-name-117" type="gender" value="male"/>
<interp inst="t18700502-name-117" type="surname" value="WRIGHT"/>
<interp inst="t18700502-name-117" type="given" value="WILLIAM"/>WILLIAM WRIGHT</persName> </hi>. I am a hairdresser, of Littlehampton—in April, 1869, I employed the defendant—his work was finished early in May—it is entered in this ledger, under date of June 15th—I am sure it was not done in June—on 7th July I paid him 1
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which, with 1
<hi rend="italic">l</hi>. I paid him before, makes 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-118" type="witnessName">
<interp inst="t18700502-name-118" type="gender" value="male"/>
<interp inst="t18700502-name-118" type="surname" value="AYLING"/>
<interp inst="t18700502-name-118" type="given" value="ALFRED"/>ALFRED AYLING</persName> </hi>. I am a carpenter, of Wick, Sussex—I employed the bankrupt last year to do work for me; this account, beginning in March, 1869, correctly describes it—it was done at those dates, as far as I know—on 10th July, 1849, I paid him 15
<hi rend="italic">s</hi>., and have the receipt (
<hi rend="italic">produced</hi>)—I am still indebted to him for the balance, 19
<hi rend="italic">s</hi>. 10 1/2
<hi rend="italic">d</hi>.—I have never had the bill.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-119" type="witnessName">
<interp inst="t18700502-name-119" type="gender" value="male"/>
<interp inst="t18700502-name-119" type="surname" value="COOK"/>
<interp inst="t18700502-name-119" type="given" value="CHARLES"/>CHARLES COOK</persName> </hi>. I live at Littlehampton—I employed the bankrupt to do some work, and owed him 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. at the time of his bankruptcy.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-120" type="witnessName">
<interp inst="t18700502-name-120" type="gender" value="male"/>
<interp inst="t18700502-name-120" type="surname" value="HAMMOND"/>
<interp inst="t18700502-name-120" type="given" value="RICHARD"/>RICHARD HAMMOND</persName> </hi>. I am a pork-butcher, of Littlehampton, and a tenant of Mr. Cook's—last spring my shop was whitewashed, and a few weeks before that some work was done by the prisoner—this work, described at page 28, was done early in May, but it is charged on 31st July—a par
<lb/>tition was done a month or two before that; two sets of work were done.</p>
<p>
<hi rend="smallCaps">E. P. HARDWICK</hi> (
<hi rend="italic">re-examined</hi>). This receipt of 10th July, 1869, is the defendant's writing—I cannot say anything about the other, it is so smudged—these (
<hi rend="italic">produced</hi>) are the ledger and supplemental ledger spoken of in the accounts.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you looked through them?
<hi rend="italic">A.</hi> Yes—I have heard of Gibbs, and have seen him—I do not know that he acted as the bankrupt's clerk—I was not present at his examination at the Bankruptcy Court—I am aware that there was a long cross-examination, by the bank
<lb/>rupt, of Gibbs and Broadbent—I believe Gibbs kept the bankrupt's books from June, 1868, to the bankruptcy—I have referred to the accounts as filed, but have never compared the accounts, as filed, with the old ledgers—the new ledgers are in a variety of writings—there is no trace of the 80
<hi rend="italic">l</hi>. worth of debts.</p>
<xptr type="pageFacsimile" doc="187005020023"/>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-121" type="witnessName">
<interp inst="t18700502-name-121" type="gender" value="male"/>
<interp inst="t18700502-name-121" type="surname" value="TICKELL"/>
<interp inst="t18700502-name-121" type="given" value="JABEZ"/>JABEZ TICKELL</persName> </hi>. I am articled clerk to Tibbetts & Co., who were em
<lb/>ployed as solicitors to the assignees—I hare attended to the matter from that time—I was present when the bankrupt passed his last examination—I before he passed, he was warned by Mr. Reed, the Counsel, that his accounts were false, and that if he chose to pass on those accounts he did so at his peril, and Mr. Registrar Brougham gave him a similar warning; and not-withstanding that, he made the usual affidavit as to the truth of the accounts—up to the discovery of the ledger at the Beehive, I had no knowledge of those debts; a list was made, but I do not remember that the accounts were in it—I had no knowledge of the debts in the new ledger.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was there a private examination, when the bank
<lb/>rupt was examined and cross-examined?
<hi rend="italic">A.</hi> Yes—a person named Gibbs was examined, and Mr. Broadbent—I prepared a summons the day before the bankrupt filed his petition—I do not know whether it was served.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-122" type="witnessName">
<interp inst="t18700502-name-122" type="gender" value="male"/>
<interp inst="t18700502-name-122" type="surname" value="POUNCE"/>
<interp inst="t18700502-name-122" type="given" value="ROBERT"/>ROBERT W. POUNCE</persName> </hi>. The firm of Manley Brothers, to whom I am agent, supplied the bankrupt with goods—these cans (
<hi rend="italic">produced</hi>) ware supplied to him by our firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700502-name-123" type="witnessName">
<interp inst="t18700502-name-123" type="gender" value="male"/>
<interp inst="t18700502-name-123" type="surname" value="HARDWICK"/>
<interp inst="t18700502-name-123" type="given" value="EDMUND PONCE"/>EDMUND PONCE HARDWICK</persName> </hi>. (
<hi rend="italic">re-examined</hi>). Here is an account of Mr. Charles Cook, 2
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—this account in the book found at the Beehive is precisely identical with that in the first ledger—the old ledger is dated January 11th, 1869, and the ledger found at the Beehive is 1868; but the amount is precisely the same—the entries are identical—on the other side of the old ledger, instead of showing everything due from Mr. Cook, is, "Received by cash, 2
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., January 29th, 1869"—there we four erasures—these appear to be settled accounts, not as if there was anything due—Captain Montgomery's account does not appear to be in the old ledger at all—I find Duffield's account in it, it is marked, "Received by cash, 18
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., June 15th"—I should say that that is in the bankrupt's writing—in the same ledger it appears as a debt, subject to a set-off—Hayward's account is, "Received by cash, 5
<hi rend="italic">l</hi>.; balance, 4
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>."—it is all written off.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> The entry about Duffield, you do not pledge your oath to being in the defendant's writing?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700502-393-verdict-1" type="verdictDescription">
<interp inst="t18700502-393-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700502-393-verdict-1" type="verdictSubcategory" value=""/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">
<rs id="t18700502-393-punishment-19" type="punishmentDescription">
<interp inst="t18700502-393-punishment-19" type="punishmentCategory" value="imprison"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-393-18700502 t18700502-393-punishment-19"/>Six Months' Imprisonment.</rs> </hi> </p> </div1></div0>
</body>
</text>
</TEI.2>

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