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Leader (1850-1860), 14th March 1857, Edition 1 of 2, Page 247, Untitled Article

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      Untitled Article

      " The Royal British Bank commenced business on the 19 th of November , 1849 , with a capital of 100 , 000 / ., in shares of lOOt each . According to the Act for tic regulation of such concerns , 5 O , 00 OZ . of this casual ought to have been actually paid up , but the witness admitted that this provision had not , in realitv , beea complied with . The subscriptions received were not all ill cash , some being in ' the representatives of cash , ' a . plrase afterwards explained by the statement that the balance , or amount not paid up in money , ¦ was ' represented by notes of hand , which were deemed to be equivalent to cash . ' In point of fact , the representation of the certificate addressed to the Board of Trade on 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 difference jhere was very great , as the cash portion amounted to nearly 43 , 000 £ . out of the -whole . Another incident , however , of this part of the history is delineated immediately afterwards . Mr . Linldater , who appeared for the assignees , implied very plainly that the directors were supposed to have borrowed money before the 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 his knowledge , and then fox his belief on this point , and ¦ was shrewdly pressed both by Mr . Linklater and the Commissioner . His reply T \ ras , that he ' had no belief upon , the subject . His 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 introduced not only by description , but bodily , to the notorious ' pocket ledger' of Mr . Cameron , the general manager , 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 bank 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 the contents of this book . He there ( found that accounts had been opened in the hooks of the bank with seven of the directors , including Mr . Cameron hiniself . According to a rule of

      the bank , no such accounts should have been opened , except under the precise sanction of the finance committee , but the witness ' did . not 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 . ' With respect to a particular transaction in which the -witness himself was concerned , he said that ' if the . thing had been rigorously treated , perhaps application to the finance committee ought to have been made , but that . rule never applied to a director's account . ' W * are not long in discorering the results of this indulgent relaxation . Mr . Cainerou stauds indebted to the bank for upwards of 19 , 000 / . Esdale admitted

      Mr . that one of the solicitors to the bank , who died in 1853 , had borrowed several thousand pounds of the bank , which could not be recovered ; that "he had deposited as security 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 liis character , that on 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 amiable qualities . ' It further appeared , too , that whereas by law the bank was debarred from making advances on the security of its own shares , advances were made for which shares were deposited .

      " On the matter of advances , Mr . Esdaile seems to represent the case for the directors mainly by what ho said concerning the transactions of Mr . Cameron—viz ., that they were not cognizant , but had the means of being so . ' That , ' said he , '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 large amount was represented as an asaet which in truth consisted of bad and doubtful debts ; that at none of these periods , nor in 1850 , ought ono shilling of profit to have been divided ; that from June , 1855 , down to the closing of the bunk profits , were declared , although the whole first paid-up capital was believed to bo gone ; and , finally , that , at the time the ¦ advertisement waa issued for new shares , the bank was believed to bo in a state of insolvency . "

      Untitled Article

      ~» — A HORSE TRANSACTION-. Ax 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 . Cog-Ian ; the defendant a Air . La Mert . From the opening s tatement 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 Gennna di Vergy , formerly the property of the late William Palmer , of Hugeley , and which was seized by the High Sheriff" of Berkshire at the instance of the defendant , was

      at that time the property of the plaintift ' or of the Honourable Francis Lawley ^ who had left England . The hor 3 e in question was sold at Tattersall ' s , in January , 1856 , for 100 ? . to Mr . Henry Hargraves , a gentleman well known on the turf . The horse continued to b-e his property until the 27 th of March , 1856 , when Mr . Hargraves sold it to Mr . Francis Lawley for 5 O 0 £ , with his engagements , and an understanding that the former was to receive a portion of the winnings in the event of the horse gaining certain races for which he was entered . The plaintiff 1 , who came from Ireland , and . took the benefit of the Insolvent Act early in 1855 ( wiion stating this fact in his evidence , tie shed tears ) , had the goo >« fortune to win on the Cesarewitch in October , 1855 , the

      sum of 20 00 ? ., and about 1800 A on the Derby of last year ; in consequence of which he opened an account at the highly respectable bank of Messrs . Herries , Farquhar , and Co ., of London , paying in and drawing out in the customary way . Coglan became acquainted with Mr . Francis Lawley , aad during that acquaintance lent him considerable sums of money . Mr . Lawley being in want of money , tlie . plaintiff lent him , on the 9 th of June , 185 < 5 , the sum of 450 / ., and on the 18 th of the same month purchased of him the horse Gemma di Tergy for 650 / ., giving Mr . Lawley another cheque for 20 OL 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 tlie

      name of Walker , one reason for which was because tlie plaintiff was a defaulter ^ and , therefore , was ziot allowed to enter tlie ring ; in addition to which it is a ' common practice to run horses in other names than triose of tlie owners . Mr . Lawley , who had become so involved iu pecuniary difficulties as to find it necessary to leave England , had previously become connected with la Mert through some bill transactions , and , after Mr . Lawley Lad left the country , the former brought an action against him to recover the amount due to him , but no defence was made , and judgment waa allowed to go by default . An execution was issued , and Mr . Lawley s horses were seized , and in February tlie horse in question was also seized , upon which the plaintiff put in

      his claim for tlie horse , mid the simple question which the jury had to decide was , whether the horse at tliat time was the property of the plaintiff or of 3 Ir . Lawley . In tlie course of his ero ^ s-examination , some curious facts illustrative of Coglan ' s career came out . Ho said that lie had begun life by being apprenticed to a merchant at Dublin , but he did not fol low that or any other business than the turf , which he joined in 1835 . In 1840 , he won 10 , 000 / . of a young man name Stratford , at the "Wellington Arms , ytrathfieldsaye , at a game called "Blind hookey . " He received bills lor the amount , and endorsed them to a person naineil Hill , and

      got by the transaction from 4000 / . to B 0 00 / . in caah . Hill sued Strutfor d on the bills , but failed in the action , and lost all the money . ( Joglun hud pa id away tlie money which he hud received toanothur person , and way thus prevented from refunding . However , ho waid ho had received such a " moral lesson" from tho Iraii .-Hietiuii that " ho had become virtuous ever since . " Ilia debts , when he became insolvent in 1851 , were 8811 / ., but bis assets were nil . He said he Jailed to pass tho court , in consequence of a technical objection , and hi . s petition waa dismissed . He did nut pass tho court till 1855 . Tho jury found their verdict for the plaintiff , Coglon .

      Navat Ann Naval And Milltalty

      aptain of the Smuggler was picked up in an exhausted state , having been in the water nearly an ho > ur . He came to England in the Teutonia , and has landed at Southampton . The remainder of the crew were not seen ; Floating of the Ty ^ te . — The Tyne , royal mail steamer , which stranded on the coast of Dorset on the 13 th of last January , was floated off on Wednesday .

      NAVAL AND M 1 L 1 TA 11 Y . Collision nx xiiic Atlantic , and Loss of Point Lives . —On tho morning of- tho 7 th , between two and threo o ' clock , the weather being hazy , the screw steamship Teutonia , from Brazil to Hamburg , which arrived at Southampton on Monday , cumv into collision with tho schooner Smuggler , Captain Young , bound from Cardiff to Corunna with coals . Tho schooner was struck on tho port bow , and almost immediately went down Tvith all handa . The Teutonics boats were lowered , and , after a diligent search , tho

      Untitled Article

      without effect , and Parkes was severely kicked by him . Bromley was ultimately secured . He was found Guilty en 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 , has been found Guilty at- the same Assizes , of causing the death of "William Fullilove , an old man , who , wirile intoxicated , was thrown violently on to the pavement of a street in Whitwick by the accused , and received a mortal injury on the back of the head . Laley ( who vras indicted for wilful murder , but only convicted of manslaughter ) was sentenced to a year ' s imprisonment , with hard labour . The sentence lias 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 for 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 the next morning , Clarke knocked up some people aljout 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 fron \ tb . o woman tumbling about , owing to her drunken stat « . The Judge , therefore , interrupted the trial , and directed an Acquittal , which was accordingly given by the jury . William orris

      M 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 vas 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 into his hand . Immediately afterwards , ho declared that he was deeply sorry for ¦ what he had done . The hand was so much injured that it was found necessary to amputate it . Morris was found Guilty of unlawful wounding , and was sentenced to twelve months ' imprisonment .

      An old woman , named Maria Isabella Docket , was tried at the same town for the murder of Jane Tiowden , 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 had made an attempt to murder his wife , saying 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 throat with a knife , holding the infant on her Lip while she did it . She said that her object was in order to secure the child ' s going to heaven . She was Acquitted ou the ground of insanity . The grand jury threw out the bill in' the case of the alleged murder at Cbesha ' m .

      A singular case was tried at Maidstone . John Moyles , a deaf and dumb man , waa indicted for stabbing a man named Michael Strachan . Moylcs got into a struggle with some men at Sheerness one night , when , thinking that Strachan was concerned in the assault on him ( though he was not ) , he stabbed him with a knife . It was urged in lm defence that , being unable to speak , he was deprived of all moans of- summoning assistance ; that he waa forced into a violent method of defending himself ; and . that , in his excitement , he made a miatuke as to Strackun . Ho was Acquitted .

      George Crier was indicted at Salisbury for stealing the half of a 51 . note . A Mr . Cox , of Swindon , had sent the lirsthalf through tlie post to a house in Bristol . The second half never reached its destination ; but Oier , by some means altogether unknown , became possessed of it , and , sending it to the bnnlc , under an assumed name , reiuiested payment , as he had lost tiie remainder . The police were set to watch him , and ho was arrested . He was now found Guilty , and sentenced to eight month * ' imprisonment ; but a point as to the jurisdiction waa reserved .

      THE ASS 1 ZKS . Thomas Bromley , a wutclnnaker , haa been tried at Leicester for feloniously shooting at Edward l ' arkoa , a polico sergeant , and resisting that officer in apprehending him . A robbery had been committed at Croft on tho 18 th December . On the following day , the officer met Bromley and another man on tho hi ^ h ro ad , and found some of the stolen property in a basket which tlie former was carrying . Parkea proceeded to urrest him , when n struggle ensued ; a pistol was fired by Bromley , but

      rinlip White , the bill against whom for murdering Mary White , his wife , was on Tuesday thrown out by the grand jury , waa arraigned on Wednesday at Ayleslmry on a charge of administering a noxious drug called hicra jricra to Ann Seaward , on tho 3 rd and 7 th of December last , with intent to procure a miscarriage . Tho woman had been seduced by him ; and it appears that it in not uncommon for women in that part of England to tako the drug in questiou in order to avoid having children . White , who iH a shoemaker ,

      administered some of it to Aan Seaward , but without any effect , except making her sick at tho Htomach . Tho man had married a woman who had three illegitimates children ; but he speedily got tired of her , and oho died , apparently from arsenic administered by him , though ho assort * that it was taken by herself to procure a miscarriage The jury found White Guilty of tho oflenco with roferenco to Ann Seawnrd ; and , in consequence of tho decision of the grand jury withi respect to the alleged murder , tlio prosecution withdrew the charge on tho

      Untitled Article

      OUR CIVILIZATION

      Untitled Article

      March 14 , 1857 . ] THE LEA D E B . 247

  • Citation
    • Leader (1850-1860), March 14, 1857, page 247, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2184/page/7/