Bedfordshire Archives Service Catalogue
  • Reference
    QSR1872/4/5/3
  • Title
    Depositions and examination - Sidney Spark, charged with making a gift, delivery or transfer of or charge on his property with intent to defraud his creditor John Howarth at Luton on 20 April 1872
  • Date free text
    19 August 1872
  • Production date
    From: 1872 To: 1872
  • Scope and Content
    James Morris of Luton, attorney’s clerk – he is clerk to Mr Shepherd, solicitor of Luton. He produces the record in an action of “Howarth vs. Spark” and an office copy of the bill of sale dated 20 April alleged to be given by Sidney Spark to Angelo Radini of Euston Road, St Pancras, hotel keeper. The consideration money is £100 and it assigns all his furniture. He also produces an agreement between Howarth and Spark upon which the action is brought dated 27 October 1871. He was present at the trial and gave evidence and heard Angelo Radini called as a witness on behalf of the defendant. Radini was cross-examined on 17 April and said he saw an advertisement in the paper that the Royal George, Luton was for sale, that he went to Luton and looked over the premises and offered £230 for it but was told by Mr Spark he was too late as he had already sold it to Mr Howarth. Radini said he and Spark were strangers to each other. After the costs were taxed a Fi Fa [writ "fieri facias"] was issued. He attended with the Sheriff’s officer at the Royal George kept by Spark to examine the bill of sale (now produced). On 7 May 1872 he attended again at Spark’s premises to take a copy of the bill of sale. Spark and Mr Radini were both present. Radini refused to let him take a copy of the bill of sale. In conversation with Mr Spark he remarked that the whole affair, the parties connected and the document itself looked very suspicious and he believed that no consideration money had passed and that the bill of sale was given merely to defeat the judgment creditor. Spark said “you don’t suppose you will get anything out of me. Mr Shepherd ought to give me a good commission for making him a client and also a good case – let him pay Mr Shepherd he has got plenty of money”. On 19th July he went to London and from enquiries made found there was no such person as Radini keeping a hotel, but that his proper name is Thomas Dancer and he keeps a small eating house in the Euston Road. [Cross-examined] He did not find him at the Temperance Hotel. What Spark said to him was not in a joke. He does not know that there was a distress in for rent at the time the Sheriff’s officer went exceeding the value of the goods. He took no notes at the trial. He remembers what Radini said. George Armstrong of Luton, police sergeant – he took Spark into custody on 8 August under the warrant produced. He searched Spark and found on him the papers produced. One is a bill of sale, a duplicate agreement dated 16 July 1872 “Spark to Faldo” and an agreement dated 27 October 1871, Spark and Howarth, the advertisements produced and other papers. John Howarth of Kentish Town (Middx), gentleman – he has a judgment against Spark for £60. Radini described himself as a distiller. He cannot find any such person in the Euston Road. Radini said he visited Sparks last December and offered him £230 and that Spark said he had agreed for £250 with another person. Nothing was said at the trial by Radini about Spark owing him money. He has lost his damages and all the costs. [Cross-examined] He came from Bacup where he was a money lender. Spark served him with a writ. Henry Ralph Bleeze of Luton, attorney’s clerk – he produces the proceedings in liquidation instituted by Mr Spark on 18 July 1871. Spark signed himself as possessed of £10 worth of stock in trade with no other assets. He also produces another petition dated 15 June 1872 and other papers. [Cross-examined] He is aware the question of the validity of the proceedings is now pending. Sidney Spark – he has nothing to say except that Mr Shepherd used to be his lawyer.
  • Reference
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