On this page
-
Text (4)
-
_ Kabch l^jjSTj^^ __ T jj_ L E A D ^g, _...
-
OUR CIVILIZATION. A HORSE TRANSACTION. A...
-
NAVAL AND MILITARY. Collision m xuu Atla...
-
THE ASS1ZKS. Thomas Bromley, a watchmake...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
The Royal British Bank. A Mtceting Was H...
" The Eoyal British Bank commenced business on the IStli of November , 1849 , with a capital of 100 , 000 / ., in shares of 1 O 0 Z . each . According to the Act for the regulation of such concerns , 5 O , 000 Z . of this capital ought to have "been actually paid , up , but the -witness adaiitted that this provision had not , in reality , been complied with . The subscriptions received were not all in cash , some being in . ' the representatives of cash , ' a phrase afterwards explained by the statement that the balance , or amount net paid up in money , was ' represented by note 3 of hand , which were deemed to be equivalent to c & sh . ' In point of fact , the representation of the certificate addressed to the Board of Trade oh the occasion was , ' so far as that the 50 , 000 / . was not In sovereigns or bank-notes , incorrect , ' though it does not appear , if we apprehend the
case correctly , that the differen . ee mere was very great , as the cash portion amounted to nearly 43 , 0002 . out of th « whole . Another incident , lowever , of this part of the history is delineated immediately afterwards . Mr . LinkJater , who appeared for the assignees , implied very plainly that the directors were supposed to have borrowed money before tie opening of the bank , for the purpose of placing it to the credit of the account , and to have drawn it out again directly this purpose had been answered . The witness accordingly was asded , first for b is knowledge , and then for his belief on this point , and was shrewdly pressed both by Mr . Linklater and the Commissioner . His reply was , that he ' had no belief upon the subject . Hia mind was a blank upon , the subject entirely ; he had no belief , ' and with this answer the Court was fain to be content .
" Passing to the management of the bank , we are iniroduced . not only by description , but bodily , to the notorious ' pocket ledger' of Mr . Cameron , the general jaanager , which appears in the shape of a large green volume . It was kept in Mr- Cameron ' s private room , and ' might have been accessible' to the directors , but ' it was . not their practice to refer to it . ' Mr . Esdaile had been a director of the hank from its commencement ; on the 1 st of February , 1855 , he became its governor , and then , but not before that time , he became cognizant of tie contents of this book . He there { found that accounts Lad been opened in the books of the bank with seven of the directors , including Mr . Cameron himself . According to a rule of
tte bank , no such -accounts should have been opened , ¦ except under the precise sanction of the finance committee , but the witness ' did -Hot know that that rule was strictly observed upon the opening of drawing and discount accounts of the directors themselves ; they would not , probably , have gone through that same routine . ' TSTith respect to a particular transaction in which the sritness himself wa 3 concerned , he said that ' if the Airing had been rigorously treated ^ perhaps application to the finance committee ought to have been made , lint that rule never applied to a director ' s account . ' TV © are not long in discorering tlie results of this indulgent relaxation . Mr . Cameron stands indebted to the bank for upwards of 19 , 000 ^
Mr . Esdale admitted that one of tho solicitors to the bank , ivho died in 1853 , had borrowed several thousand jpounds of the bank , which could not be recovered ; tliat he had deposited as securitj deeds which had afterwards to be surrendered without consideration , as the property of others ; and yet that , up to the close of 1853 , so perfectly were the directors impressed with the integrity of his character , that oil the 13 th of December they were desirous of recording , by formal resolution , ' their regard for his memory , and their lively recollection of , his social and many amiabl « qualities . ' It further appeared , too , that whereas by law the bank was . debarred from making advances on tho security of its own shares , advances were mado for whteh shares were deposited .
On the matter of advances , Mr . Esdaile seems to represent the case for the directors mainly by what ho fiaid concerning the transactions of Mr . Cameron— -viz ., that they were not cognizant , but bad the means of being so . ' That , ' said lie , ' is where the laches has been no doubt . I admit that . ' " The inexorable interrogatory of Mr- Linklater extorted admissions that in . December , 1854 , June , 1855 , and December , 1855 , a barge amount was represented aa an asset which In truth consisted of bad and doubtful debts ; that at none of these periods , nor in . 1850 , ought one shilling of profit to have been divided ; that from Jttuo ; 1855 , down to the closing of the bank profits , were declared , although the whole first paid-up capital was believed to bo gone ; and , finall } --, that , at the time the advertisement was issued for now shares , the bank was believed to be in a state of insolvency . "
_ Kabch L^Jjstj^^ __ T Jj_ L E A D ^G, _...
_ Kabch l ^ jjSTj ^^ __ T jj _ L E A D ^ g , __ J ^ L ^
Our Civilization. A Horse Transaction. A...
OUR CIVILIZATION . A HORSE TRANSACTION . An interpleader issue was tried at the Oxford Assizes last Saturday , to determine the right of property in a certain horse . The plaintiff was a Mr . Coglan ; the defendant a Mr . La Mert . From the opening statement of the Counsel for the prosecution , it appeared that the plaintiff was -well known on the turf , and that the defendant carried on a peculiar line of medical business under the name of Curtis and Co ., and speculated a little on the turf , and a little as a bill discounter . The object of the action was to try whether a horse , named Gemma di Vergy , formerly the property of the late William Palmer , of Rugeley , and which was seized by the High Sheriff of Berkshire at the instance of the'defendant , was
at that time the property of the plaintiff or of the Honourable Francis Lowley , who had left England . The horse in question was sold at TattersaU ' s , in January , 1856 , for ± 001 . to Mr . Henry Hargraves , a gentleman well known on the turf . The horse continued to be his property until tlie 2 . 7 th of March , 1856 , . when Mr . Har graves sold it ; to Mr , Francis Lawley for 500 J-. with-hiaengagements , and an understanding that the former was to receive a portion of the winnings in the event of the horse gaining certain race 3 for which he was entered . The plaintiff , who came from Ireland , and took the benefit of the-Insolvent Act early in 1855 ( when stating thie fact in his evidence , he shed tears ) , had the good . fortune to win on the Cesarewitch iii October , 1855 , the
sum . of 2000-i , and about 1800 £ on the Derby of last year ; in consequence of which he . opened an account at the highly respectable bank of Messrs . Herrics , Farquhar , and Co ., of London , paying iu and drawing out in the customary -way-. . Coglan became acquainted with Mr . Francis Lawley , and during that acquaintance lent him considerables sums of mone 3 -. Mr . Lawley being in want of money , the plainthTlent him , on the Dth of June , 1856 , the sum of 450 / ., and on the 18 th of the same month purchased of him the horse Gemma di . Vergy ' for 650 / ., giving Mr . Lawley another cheque for 200 / . The cheques passed from Mr . Lawley to the bank , and the money was received-by Mr . Lawley . The horse , however , had not run in the plaintiff ' s name , but in the
name of "SV alker , one reason for which was because the plaintiff was a . defaulter , and , therefore , was not allowed to enter the ring " , in addition to which it is a common practice to run horses in other names than those of the owners . -Mr . Lawley , who had become so involved in pecuniary difficulties as to find it necessary to leave England , 3 iad previously become connected with La Mert through some bill transactions , and , after Mr . Lawley had left the country , the former brought an action against him to recover the amount due to him , but no defence was made , and judgment was allowed to go by default . An execution was issued , and Mr . Lawley ' s horses were seized , and in February the horse in question wns also seized , upon -which tlie plaintiu' put in
his claim i'or the horse , and the simple question which tho jury had to decide was , whether tho horse at that time was ( he property of the plaintiff or of Mr . Lavley . In the course < of his cross-examination , some curious facts illustrative of Coglan ' a career came out . He said that ho had bugun life by being ; apprenticed to a . merchant at ]> ublin , Imt he < lid not follow that or any other business than tho turf , which he joined in 18 K 5 . In 18 'iO , he won 10 , 000 / . of a young man name Stratford , at the Wellington Anna , Stmthiieldsnye , at a game called " Blind hookey . " Ho received ,, bills for the amount , and endorsed them to a person named Hill , and
got by tlie transaction from 4000 / . to 5000 / . in cash . 11 ill sued Stratford on the bills , but failed in the action , nnd lost all the money . Coglan had paid awsiy the money which he had received to another person , and was thus presented from refunding . However , lies said ho had received such a " niorul lusiioti" from the ( rnnaiiction that "he had becomo virLuoua ever since . " Hia dubtn , when ho became insolvent in 1851 , warn 8811 / ., but his assets were nil . He said lie failed to pans tlie court , in consequ-ence of a technical objection , ami his petition wus dismissed . Ho did not pass the court till 185 ft . The jury found their verdict for the pkiiutiu " , Co / 'lan .
Naval And Military. Collision M Xuu Atla...
NAVAL AND MILITARY . Collision m xuu Atlantic , and Loss op Fouu Lives . — -On tho morning of the 7 th , between two and three o ' clock , the -weather being lia / . y , the screw steamship Teutonia , from Brazil to Hamburg , which arrived at Southampton on Monday , citmo into collision with tho ttchoonor Smuggler , Captuiu Young , bound from Cardiff to Corunna with coals . The schooner was struck on tho port bow , anil almost immediatel y wont down with ail hands . Tho Teutonia ' a boats were lowered , and , after a diligent search , the
aptain of the Smuggler was picked up in an exhausted state , having bean in the water nearly an hour . He came to England , in the Teutonia , and has landed at Southampton . The remainder of the crew were not seen . . Floating of the Tsse . — The Tyne , royal mail steamer , which stranded on the coast of Dorset on the 13 th of last January , was floated off on Wednesday .
The Ass1zks. Thomas Bromley, A Watchmake...
THE ASS 1 ZKS . Thomas Bromley , a watchmaker , has been tried at Leicester for feloniously Hhootiny at J-idward Pnrkea , a police sergeant , and resisting that ofliuer in apprehending him . A robbery had been committed at Croft on tho 18 th December . On the following day , the officer met liroml « y and another man on the high road , and found some of tho stolen property in a basket which tho former was carrying . Parked proceeded to arrest him , "when a . etrugyle ensued ; a pistol was iired by Bromley , but
without effect , and Parkes was severely kicked by him . Bromley was ultimately secured . He was found Guilty on the count charging him with resisting his arrest ; and , being shown to be an old offender , was sentenced to fifteen years' transportation . Edward Laley , a young Irish collier , h as been found Guilty at the same Assizes , of causing the death of William Fullilove , an old man , ^ vho , while intoxicated , was thrown violently on to the pavement of a street in Wfaitwick by the accused , and received a mortal injury on the back of the head . Laley ( who was indicted for wilful murder , but only convicted of manslaughter" ) waB sentenced to a year ' s imprisonment , with hard labour . The sentence has the appearance of being unduly lenient , as it does not seem that there was any provocation whatever for the outrage which resulted in the old -man ' s death .
William Clarke was indicted at Oxford fox the murder of his wife . The wife had been drinking all day ( the 26 th of last December ) , and left the town of "Wallingford about half-past nine in the evening in company with her husband , who , it would seem , had not been drinking with her . About two o ' clock tlie next morning , Clarke knocked up some people about a mile from Wallingford Bridge , and took his wife into the house . She ' was then dead and cold , and her body was covered with bruises ; but it appeared probable , from the surgical and other evidence , that these injuries resulted from ' the woman tumbling about , owing to her drunken state . The Judge , therefore , interrupted the trial , and directed an Acquittal , which was according !} ' given by the jury .
William Morris was tried at Aylesbury for committing a very serious assault on Thomas Linnell . They were both employed as smiths at Woolverton , and , in the course of last July , they were flinging coke at each other , as a practical joke , and Morris was accidentally hit on the eyes and nose , and put to very great pain . Some ten minutes elapsed while the dust was being removed by his friends from the injured parts ; and . Morris then heated a pointed iron , and , chasing Linnell , struck : the weapon iuto his hand . Immediately afterwards , he declared that he was deeply sorry for what he had done . The hand was so much injured that it -waB found necessary to . amputate it . Morris was foaiid Guilty of unlawful wounding , and was sentenced to twelve months ' hnpTisbhuieht . ' '
An old woman , named Maria Isabella Becket , was tried at the same town for the murder of Jane Bowden , an infant , and her granddaughter . Previous to cutting tho throat of the baby , the old woman had . gone to the house of her son , and bad made an attempt to murder his wife , sajnng that she was mad , and had been sent by the devil for that purpose . Being frustrated by a neighbour , she was subdued , and , having said in a little -while that she was better , she went away to her daughter ' s house , and there cut her grandchild's threat with a knife , holding the infant on her lap while she did it . She said . that her object was in order to secure tho child ' s going to heaven . She was Acquitted on the ground of insanity . The grand jury threw out the bill , in the case of the alleged murder at Chesham .
A singular case was tried at Maidstone . John Moyles , a deaf and dumb man , was indicted for stabbing a man named Michael Strachan . Moylos got into a struggle with some men at Shcerness one niyht , when , thinking that Straehan was concerned in tlie assault on him ( though he was not ) , ho stabbed him with a knife . It was urged in his defence that , being ; unable to speak , ha was deprived of all means of summoning assistance ; that he wiis forced into a , violent method of defending himself ; and that , in bis excitement , ho made a mistake as to Straehan . Ho was Acquitted .
George Crier was indicted at Salisbury for stealing the half of a o ( . note . A Mr . Cox , of Switidon , had sent tlie first half through the post to n house in Bristol . The second half never reached its destination ; but Crier , by somes means altogether unknown , became possessed of it , and , sending it to the bank , under an assumed mime , requested payment , as he had lost tlie remainder . The police were set to watch him , and he was airested . He was now found Guilty , and sentenced to eight months ' imprisonment ; but a point as to the jurisdic tion was reserved .
l hilip White , tho bill against whom for murdering Mary White , hb . wifu , was on Tuesday thrown out by tho grand jury , was arraigned on Wednesday at Aylosbury on a charge of administering ; a noxious drug « alled hicra picra to Ann Beaward , on the 8 rd and 7 th of December last , "with intent to procure a miscarriage . The -woman had been neduced by him ; a « id it appears that it in not uncommon for women in that part of England to take the drug in question iu order to avoid having children . White , who ia a shoemaker ,
administered some of it to Ann Seaward , but without any effect , except making Tier sick at the stomauh . Tho man had married a woman who had throes illegitimate children ; but ho speedily got tired of her , and who died , apparently from araenic administered by liim , though he asserts that it was taken by herself to i > rocure a miscarriage . Tho jury found White Guilty of the offence with reference to Ann Seaward ; and , in consequence of tho decision of tho grand jury with respect to the alleged murder , tho prosecution withdrew the charge on tho
-
-
Citation
-
Leader (1850-1860), March 14, 1857, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_14031857/page/7/
-