Carlisle Patriot, 11 Mar 1826 - Cumberland Lent Assizes (17)

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Saturday 11 Mar 1826   (p. 2, col. 6 - p. 3, col. 6; and p. 4, col. 1-3)

 

CUMBERLAND LENT ASSIZES, 1926.

 

FORGERY—EMBEZZLEMENT—PERJURY.

 

[continued]

 

THIRD CHARGE.

 

The Prisoner was immediately proceeded against for feloniously concealing and embezzling, after he became a Bankrupt, a bill of exchange for £100, and another bill of exchange for £80, with intent to defraud his creditors.

 

Mr. COURTENAY again addressed the Jury.—The prisoner, he said, was indicted under an act of Parliament which makes it a transportable offence for any bankrupt to defraud or attempt to defraud his creditors by the concealment of property. MOOR, as the Jury knew, carried on the business of a butter and bacon factor in Carlisle, of which articles he purchased large quantities, sent them to London, the consignees allowing him to draw upon them. Although he had been in business only a short period when he failed for the second time, his debts amounted to £4000, and to meet them there was extremely little indeed. He attempted to account for this by saying that he had encountered losses in London, whither he had sent his goods. Suspicion was raised, as a matter of course. The Commissioners examined his books, but found no satisfactory solution of the difficulty in them. Knowing that he had done some business with a Mr. CAMPION in London, they applied to him, and ascertained from that gentleman that he had received from him, subsequently to his act of bankruptcy, two bills, one for £100 3s. 6d., the other for £80; and it would be proved that MOOR had received them, indorsed them, and obtained the money for them: and that he knew of all this when examined before the Commissioners there could not be a shadow of doubt. Yet when asked if he had not received, after the Bankruptcy, any bills, he answered in the negative, saving a certain sum from Messrs. Thomas GASH & Company, duly accounted for. Having given this answer, his attention was particularly called to the circumstance, for the Commissioners had Mr. CAMPION's letter before them—the name of that person was not only mentioned, but the amount of the bills and their dates were also specified; and still he denied all knowledge of any such transaction. With these facts before them in proof, the Jury could have little hesitation in arriving at the conclusion, that the prisoner's intention was, as charged in the indictment, to defraud his creditors.

 

Mr. Thomas BONE, the petitioning creditor, was called to prove the act of Bankruptcy, in June 1825, and the order which he gave to Mr. BLOW to sue out the commission. Prisoner owed witness, at that time, a balance of account, amounting to £158 6s. 9d.

 

Cross-examined by Mr. ALDERSON, on behalf of the prisoner.—I know that MOOR wished to have a commission, and I was desirous to get a fair dividend—for these reasons I sued.—I will not swear that I was not sent for by MOOR on purpose to make him a bankrupt.

 

Robt. GLASSON also proved an act of Bankruptcy, committed in the beginning of June, 1825. After this he took a letter from the Black Bull, Carlisle, where his letters were always left, to MOOR, at his own house, at Houghton. They immediately came to Carlisle together, and at Mrs. BUSHBY's in Rickergate, MOOR gave witness a bill for £80, such as he (witness) now held in his hand. This bill he carried to Messrs. HEAD, the bankers, and obtained Scotch notes for it. Messrs. HEAD are quakers. MOOR indorsed the bill.

 

The witness was cross-examined by Mr. ALDERSON to allow collusion between him and the prisoner, but extracted nothing. Mr. ALDERSON looked at the bill and found it to be a bank post-bill.

 

Mr. Simon EWART, solicitor, Carlisle, one of the acting commissioners under MOOR's bankruptcy, produced the commission and the minutes of the proceedings under it.

 

The former was put in and read: Dated July 8, 1825, and granted on the petition of Thos. BONE of Corby.

 

Mr. EWART continued.—The Bankrupt surrendered on the 5th of August, and then requested time to prepare himself to answer questions; and an adjournment took place to the 23d of September, when he was asked about certain bills received by him from London. Having been duly sworn, he was asked: "Did you receive from any of your consignees in London any bill or bills, after the 14th of June?" (the day on which he committed the act of bankruptcy.) His answer was in the negative, excepting the sum of £200 from Messrs. Thomas GASH and Co. The following interrogatory was then put to him: "Richard CAMPION, of London, charges you with a bill for £100 3s. 6d., dated 18th June, 1825; and a cheque for £80, on the 25th of the same month: did you or did you not receive the said bill and cheque?" Prisoner answered: "I never did receive from Mr. CAMPION, of London, a bill for £100 3s. 6d., dated 18th June, 1825, nor any cheque for £80, dated the 25th of the said month." These questions and answers are on the proceedings in the hand writing of Mr. RELPH, then Mr. BLOW's clerk. I cannot give any explanation of "bill &c.", but believe it was so stated in Mr. CAMPION's account. The odd sum, 3s. 6d., is just the price of a stamp for a bill of £100. Since that time the Commissioners have not received from MOOR either money or disclosure.

 

Mr. ALDERSON.—They called the £80 a cheque: they asked him nothing about a bank post-bill.

 

Cross-examined by Mr. PATTESON, (in behalf of the prisoner,) Mr. EWART said he had some recollection that the written questions corresponded with those orally put to MOOR. The examination was signed by him.

 

Mr. James RELPH proved the service of the notice to surrender, upon MOOR, personally, at his own house, July 15, 1825.

 

 

[to be continued]