The Express. — London, England, 1847-12-21 00:00:00

His client was • eenthman advanced in life, who, after a long and acing career, was sow, for the first time, amused of dish thoureble conduct. The case had been conduct din a manner "my a range, and evincing • determe • nation to eructs him. The array of counsel wuj moat formidable, and most unusual. One ground of complaint, however, was more important at I Prior to the trial the company had formed iteelf tote • special tribunal, and, before a secret committee, had endeavoured to sift by rigotius cross examination the knowledge and memory of the defendants, is order to get out of them the materials of a aonviction. In this country a magistrate, and indeed every person in authority,is prevented from receiving from en accused person anythiiig but a voluntary statement, and that after a warning that it would be used against the party making it. Was the practice a foreign coustries, the moral torture there inflicted, to be introduced into this country ? Was the East India Compaq alone in this country to have the prerogative of putting • supposed cul prit to the quesiinn ? If the interrogatories had been con fined to a mere demand of explanation, that might have been tolerated ; but in this case Capt Charretie had been crow. entwined 'met hostilely. Yes, ho-tilely ; for his letters to Wotherthoon had not been shown to him until he bad been examined about them. This was contrary to law ; it was as attempt to entrap wholly condemned by the principles of Ensile& procedure. This cross-rumination was now relied on. And, whatever the result might be, such conduct was mr et discreditable and oppressive. Another portion of the evidence to which be must object, was the testimony of Mr. Wotherspoon, a delinquent who ought to be in the place of Capt. Charretie ; his was the money that was paid ; his ion was the person who had the benefit of the nomination. Why had the meney been paid by him it he had no guilty intention ? His prevarication and shuffling would be in the recollection of the jury. He said he did not pay it for the purp 48 charged, and that it was paid to obtain a ceromis mon at the Hinge Guards. Why did he not get it back ? Why did he not ask it ba k ? The reason he gave was most absurd—nay, meet false. He was the an at delinquent; he ought to hose been prosecuted • and, if he had been prose cuter', could he have put (inn:A a sufficient defence ? He did not come to this court with an express promise that his son should not be dismissed ; but it was plain that hie evi dent* had been Oven under a tear that his son might be dis missed, and in a hnpo that he would be retained in the office which he ndmitted had been bought. In this, as in all other oases, the guilt of the defendant must be established beyond a reesenahle doubt. It was clear that Wetherspeon peel 1,0801 to Mee Stewart. It was proved that two Flllll were paid into Captain Charretie's account, in the very notes of WM end 3001., by which part of the sum of 1,0801. had been paid. But who paid that money in 1 From weom did the notes get into the hands of the bankers? This qiierti in was left unanswered by the prose cution. The only feet established then was, that the notes were paid in. Beyond that there was only the evidence that there had been a connexion in business between Cap tain Charred. and Hallett. No doubt Hallett had the money. or a portion of it, from MM. Stewart ; and, what more pro bable than that it was paid to Capt. Charretie in respect of dealings in shares, es the defendant himself bad said be fore the committee in October, 1846? The money was paid in June, 1844; the examination was in the autumn of 1840; the answers of C let. Charretie, therefore, were as specific at COlll.l le reason he expected. There was nothiog in which men differed so much as their modes of keeping accouete; the defendant, Charretie, therefore, roust not be celled on for explanations as specific as those which would be gin n by one who had kept habitually careful and accurate &counts. Captain Charretie kept no accounts beyond his busker.' book, and to his ankera he referred the secret com mittee. He must, if guilty, have known that the notes had been paid, and that their numbers had been taken ; yet be referred his accuser' to his bunkers. lf, as the account of the bankers must be taken to show, from 300 to 400 trans actions had taken place during the two years then last past between him and from 70 to 80 people, amounting to more than 8,0001., it was rather hard to ask, after an interval of two years and a half, who paid in these particular notes ? As to the °tinr part of the evidence, what was it but an at tempt, improper no doubt, but not criminal, to save info sure ? No connexion between Charretie and Mn, Stewart had been shown ; no knowledge of her even. Nominations were much sought after, and often given away w ithout suf ficient inquiry and knowledge. That was wrong; still it was done. For this appointment Capt. Charretie had asked at the request of Trotter, who had been and was his intimate friend. That was beyond all doubt ; and it was for Hallett that he asked . As het ween Trotter and Charretie there was not the slightest suspicion of unfair dealiag or of reward. Trotter had been called fir the prosecution ; and therefore whatever Trotter had not contradicted in Charraie's state ment which he might have contradicted was cenfirmed. Trotter said that he received mosey from Hallett, but not from Charade, and that he did not then tell Cbsrretie. No doubt Charretie afterwards thought that he bad done wrong in trusting to Trotter when he asked Sir Wei. Young for such an riffine ; but that wu far differeut from the charge in the indictment. Wee—these observations the whole of Charretie's examination might be left to the jury, for they would explaiu ids conduct. He had done wrong in asking for the appointment without sufficient inquiry ; Sir Wm. Young had done wrong in nominating without sufficient inquiry; they had most wrongly endeavoured to conceal this, and to concoct a case which should stifle further investi gation ; and the cussequenee was, as in all cases wherein untruth was resorted to, that these attempts to evade • mere culpability were used to prove the tact of a crime in law. The letter from Sir William Young to Charretie, on which so much awe was laid in the opening, in which Sir W. Young promised the nomination, Captain Charretie had actually parted with; and as naturally the litter had found its way to the person at whose instance Charretie's friend had been put in motion for solicit ing the appointment. True it was that Charretie went to Edinburgh ; but that was natural at a time when an inves tigation was to be made into alleged pecuniary destinies in the hue/ of his application to Sir William Young. He was bound to do that both in duty to Sir William Young and for his own sake. Of what he did there his own account must be taken, for Wotherspoon's evidence was not entitled to credit—at all events, not entitled to credit as against a consistent and probable account by any one else, such as the account given by the defendant. Trotter had not been asked whether the defendant had not taxed him as responsible for the misconduct of the parties whom he bad recommended ; the defendant said that he did so tax Trotter. The conclu sion then was that the delendartt had theme, told the truth. If be had told the truth therein, that was only consistent with his innocence. As regarded the letters, they were framed with a view to concealment. That was the real ex planatioa of them. It was an error—a grievous error—for which the defendant must suffer in the opinion of the jury ; but that error did not make out this particular charge. Thee came the evidence of Wotherspoon. Was it to be believed that this solicitor of 25 years' standing bad parted with his money in the manner described, without a guilty ) Why did he not get the 1,0801. back ? Because Cf:: waiting to settle an account of 201. ! Why did he trust her? Because he would make it appear she had de ceived him bet re. Was his answer about not knowing whether he had received the certificate and declaration " on honour"—that declaration in which he asserted that he had received the nomination gratuitously—to be believed? Was he to he believed when he said that he had net read the document which contained the questions about the birth and baptism; or, at all events, bad not read that part which said that he had obtained the nomination on his own gra tuitous solicitati o n, without having paid anything for it, would not thereafter pay money in consideration of it, and was aware that if it should, at any time thereafter be discovered that he had paid, or agreed to pay, money for it, the commission would he lost? Would the jury con vict any ens of even the slightest offence on the uncorroborated testimony of such a witness? There was in evidence a letter to him from Mee Stewart, relating to the difficulty of get ting into the Bengal army, and yet he said that he did not know that any application was to be made fur a commission in the service of the company. As to the attempt to fabri cate evidence of an intimacy between Sir W. Young and Wothermoon, that, no doubt, was in pursuance of the un happy system of concealment that had been resorted to ; but it was remarkable that none of the lettere relating to this or any other part of the ease 'hewed Charretie to have received any of the money. Mr. Wotheropoon said that when he 011310 to town he refused to make any statement respecting the alleged agency in &Wend, but he nevertheless went to see Sir W. Young at the India House. The variations in the statements of Sir W. Young were also in pursuance of the system of concealment resorted to, no doubt most wrongly, but yet in no way that showed this charge to h true. If Charretie never re aired the money, he ought to be acquitted of this charge, whatever other blame hr might fairly be open to ; sad that was a couelusion at which the jury would readily arrive in the case of one who, at the agent Se years, was for the first time charged with an offence, and that one so grave. —Mr. Cockburn then addressed the jury for Sir William Young. He approached the task with great anxiety in the ease of a man who had lived, without imputation of disho nour, for nearly three-quarters of a century ; had filled high offices in the military service of the company, and had re ceived the highest honours which it could bestow. The can of Sir Wm. Young was essentially distinct and different from that of Capt. Charretie. Sir Wm, Young was not charged with attempting to conceal the conduct at the other patine but with aiding and abetting them to perpetrate the athal offence. However wrong his attempt to con teal might be, there was nothing in the evidence to implicate him in the actual charge. The pro secution itself wee right. Of that he did not complain; it was satisfactory to the world that such a prosecution had bees inatituti d ; for, as the directors would not be the men to throw the first stone eta brother (unless themselves pure) the other directors must by this prosecution be taken to feel themselves free from suspicion. But he did complain that to their seal the directors should bave instituted or unc laimed sub • mode of obtaining evidence at bad been re angled to by the secret committee in this case. Neither zna slelsek nor judge, nor jury, might or dared in a criminal M de anythorg like what had been dens in this inquisi tion, enedeeted in this secret conclave, remonelesely against • maa who was before them, without a friend or adnser to Mkt him. In no ease had cross-examination ever bees con ciliated with ise meeili rigour. The caution that what was kid might be need was relied on. Bid it warts Sir Wm. Teens that preesedinga were to be instituted 'gaunt him ? Why was so Wined= held out to Sir Wm. Yours before lima subjected to tbh aural duress, that he might bseoms We eldest of a criminal preettation ? All he knew wee that kb semen were to be used an a court of justice, sot that Way well be mood eyelet himself. Such an exthimados nailed Nita of peoessileye described an having bean ides Woe die eribeeel of the inquisition. Tido was me Se bet Ilse sok emelesiene bad been takes; but Y sons elareene des esi smileseime were given la wi ows lbw dieffellOlS vessAgraniat became, hod for Witt mwdaeldow• ar mama Yews woo deeked ▪ iseeposaseetlei. dim yeah, be se age wise Um. Now went 111111 bee Temeg s =l;e si s ke ir eeled thleriet -21::::04.6.48.960a5je:reat • geed maks et 7011:112 ilkaigllMisimirmiihNel had employed Capt. Charrede in matters of business on many (evasions. Capt. Chenille asked for a nomination—Sir William Yong proton, d the next one. Why should that Ib e a corrupt act ? Was it extraordinary that Sir William Young should accede to the requ, at of Captain Charrctie ? Whether or not Charretie received these notes from Hallett or any one else, did not—and it was not pretended th at it did —affect Sir William Young. No charge of having actually received the money was brought against Sir William Yousg, though without delicacy, or punclltionaneas, or remorse, the accounts of Capt. Charretis bad been examined, and this too by the permission of his bankers, between whom and the customer it had always been assumed that a confidential rela tion existed. The accounts of Sir William Young's bankers had not been produced, though the jury might be assured they had been examined. Unless then a sufficient reason could be shown why Sir Win. Young should not have given this patronage to Capt. Charretie, the fact that no part of the money could be traced to Sir Wm. Young was an answer to this "huge. The examination of diuretic said in terms that be applied on behalf of Wotherapoon, whose father and oonnexions be said that he knew. What pseud b-tweea Sir William Young and Char retie could not be proved, but the jury would not hastily infer guilt from circumstance" that were consistent with innocence. The letter in November was quite consistent with this view; for it was quite natural that having promised Charretie the nomination, he should write to soy so. He signed the paper which said that the recommendatioa was from the father of the young man nominated, but it was clear that he merely signed the piper in the ordinary course when put before him, without further reading it. Was the Scotch attorney to be believed, when be said that he had not read the paper in which he had filled up the twelve blanks ? No ; but every one knew with what facility papers of routine were signed by men in office without reading any part of their contents. Of connexion with Mrs. Stewart, with Hallett, with Trotter, with Wotherspoon, there was not the slightest evidence against Sir Win. Young. The more difficult and painful part of the case was that relating to the circumstances of 1846. In that year Mrs. Stewart and Mr. Hallett got mixed up with some other transaction. She had been induced to let out the Mot, probably to influence others towards doing the like, that she had paid money for Wother. spoon's cadetship. Sir Wm. Young was called on to explain before the secret committee. No doubt he was then betrayed into a stab meat which was not true ' • but was he, for not avowing that he had been so betrayed, and suffering himself to be led from one false step to another, to be held gudiy of this charge ? All that he did was consistent with the sup position of his innocence. Artifice and evasion in 1846 did not prove guilt in 1844. Sir Win. Young was then far ad vanced in years, very nervous, and with a mind impaired by age and illaem. He was in a state of infirmity of body and mind. He was informed in 1846 that suspicion attached to a piece of patronage of hie in 1844, extending even to an imputation on himself, that a charge of irregularity and impropriety must attach ; and that, perhaps, on that an accusation of corruption might be founded. Charretie went to Edinburgh, and when he returned he told Sir Wm. Young that money had passed from Wotherepoon. Now there bad been irregularity in the popen. Suppose that Charretie suggested to Sir Wm. Young to make certain statements. If, either to screen his friend or avert blame from himself, Sir W. Young assented, was he to b' found 'guilty of a share in the original con , ruption ? Tbis suggestion, it was beyond doubt, on Charm , tie's statement, came from himself. It might have appeared to him that he could nave himself by bringing guilt home to a director ; yet he did nothing of the kind, but made the statement dencriued in his examination, that he wished to have the weeniere of an acquaintance between Mr. Wotherspoon and Sir W. Young made out, because it was at I his instance Sir W. Young had given the commission for giving which be might be blamed. He would not contend that age, or infirmity, or sickness, could justify an untruth, hut they might explain how it was that in an evil moment he was betrayed into a step which they, and those connected with him, could not think of without regret nor look beck on without shame. If at ono and the same time ho found that his friend was involved in them suspicions, and he himself likely to be exposed to them, and was told that a few words from him could save both ; if be then took one fatal step, and afterwards persisted, for the purpose of preventing the detection, not of his share is the original transaction, but of the subsequent falsehood, was it astonishing, or unnatural, though unjustifiable ? If, though unjustifiable, this conduct was cot unnatural, then it could not be vouched in proof of any share in the original transac tion. If the case bad rested ex the evidence of the original transaction, there was nothing at all that showed guilt. The other part of the case rested on admissions wrung from Sir Wm. Young, under circumstances such as he had already described and reprobated; circumstances calculated to betray him into a falsehood, which was afterwards made the evidence of another and different crime. He bad said that he felt anxiety in deeding with this case; it was not for Sir Wm. Young, who most soon be removed from the scene, but for those who before long would have nothing of their father but the heritage of his good name and unsullied memory. Capt. Maher, Mr. Hodifkinson, Capt. Faulkner, Capt. Probin ' Mr. Hutchinson, Mr. Jones, Mr. Scalia, Mr. Stone (of the firm of Stone, Martin, and Co.), bankers, and several other witnesses who had known Mr. Charretie for many I years, deputed to their belief that he was a man of the highest honour. Mr. Hadow, General Parkinson, Mr. Henry, Mr. Holliston, Mr. Astell, deposed to the like effect in favour of Sir Win. Young. Lord Denman then summed up. The high character which the defendants had received rendered it improbable that they would commit such a crime, but could not prevail against positive evidence of guilt. A great many strong ob servations had been made on the evidence. It was clear that on the facts, Mr. Wotherspoon was in the situation of an accomplice, and must be corroborated. Another portion of the evidence, certainly, was presented under circumstances of novelty. Thej would, therefore, fine consider the evidence which was neither that of Mr. Wotherapoon nor dependent on the examinations taken before the secret com mittee. (His lordship described it.) No question had been put to Mr. Trotter whether, in the year 1844, he had heard of the name of Mr. Wotherepoon, or knew that any such per son was in existence. As to examinations at the India House, he thought there was considerable danger in any tenon, in a condition of superiority, trusting himself to con duct such examinations, and in the magistrate, as in foreign countries sometimes took place, setting his wits against the supposed culprit; tad he (Lord Denman) had often repudiated such a proceeding. But, whether or not in this case too much acuteness had been exercised, he must say that the inquiry had been most properly instituted. II a course of sale and purchase of patronage was not put down at once no one would be safe, and every man would be compelled, in seltdefenoe, to resort to similar malprac tices. This proceeding before the secret committee must not be likened to the case of a friendless pauper under a cil iation against whom the resources of ingenuity would be ill direct"eil ; for Sir Was. Young was a director, and ought to have been prepared to my, If my name is connected with anything wrong it is false ; I defy the proof ; I will give every assistance to it." Besides, he was then aware that Charretie was endeavouring to concert with Mr. Wother spoon a point of apology. It was to have been expected that such a suggestion would have been received by Sir Win. Young as an insult scarcely to be borne. The more one heard of the high character borne by Sir Wen. Young, the more extraordinary was it that he did not at once repel the author of tech base proposals, and give every assistrusos to the committee. Upon the whole, the inquiry appeared to bias to have been conducted in a manner not calculated to entrap an innocent man. It was said his mind was bewildered; but on the 12th of September be knew of the matter, and he was not exa mined until the 21a. Neither was there one single fact pointed out, or surmised, as having been brought out by the state of his mind. The examination showed, as the letters showed, that eo soon as this matter was started, it was pro posed by the defendant Charretie, and Sir William Young c sreentel, to personate, as it were, a former client of Mr. Wothenpoon. This was, in fact, the fabrication of evidence. There could be no doubt that Sir William Young, Captain Chanetie, and Wotoerspoon ' had consented to a fraudulent system of untrue defence. The statement of Wotherspoon was certainly extraordinary, but the question for the jury was, whether se much as he supplied to the case for the prosecution was sufficiently confirmed by those part. of the case and that testimony which were undoubtedly true. It certainly was amazing that a person in his situation should not have known when be put so large a aim of money in the hands of Mrs. Stewart. teat it was to be applied in some such man ner this. It was also most extr .ordinary that he should have given the reason be had given for demanding back the I 1,0801. The like remark, applied to his statement, that he bad not read the whole of the paper, which he had signed upon honour. Whether. however, they believed Mr. Wo therspoon or not, th- re was still a large body of evidence 'or them to consider. If Charlene was not guilty, Sir W.Young must be acquitted. If Charretie was guilty, then they must say whether Sir W. Young was aware at the time of what Charretie had been doing. Character mast of course be re garded in ordinary cases ; but in this case, that which bad been done contradicted all the notions which these gentle men, who bad deposed to the high character of the defen dants, entertained about them. The jury retired, and after some time, returned against Captain Charretie a gene-al verdict of Guilty, and against Sir,W. Young a verdict of Guilty on the second count only— that charging a conspiracy to obtain the appointment by sale. COURT OF EXCHEQUER. Nes Pane.—Before Sir P. Pollock, C. 8., and Iced= special Juries. ATKINSON V. POCOCK:—RIOKTS 01 RAILWAY SPECULA, TOILY—This was an action brought to recover forty guinea, the amount Of deposits upon twenty shares allotted to the plaintiff in the Macclesfield and Sheffield Direct Railway, of which the defendant was one of the managing committee. The prospectus issued by the promoters stated that the un dertaking wolid be carried out by a capital of 800,0001., to be raised in 40,000 shares of 201. each. The plaintiff paid, on the 18th of October, 1845, the deposits on the twenty shares allotted to him, and on the 22nd of October he exe cuted the necessary deeds. The directors, it appeared, had advertisements inserted in the newspapers, on the 18th of October, apologising for having been obliged to disappoint a hug; number of applicants for shares, and stating their intention to go before parliament and obtain the necessary act. Towards the end of that month (the panic having taken place in the interval) they again advertised that such was the substantial foandation of their hopes of the success of their scheme, that they were determined to apply to parliament; their plans, &c., enabling them to esemply with the standing orders. At that time, however, it there were only 19,000 shares allotted and depot s ym Biala anus RuNiersy thaa " 41.e st wl i t u lt a w i r y 'Y ' e n ,gOO ah;eas Icash, end yestepley mist spe"phwal waTeatirled respect boa hie depeshaos be bag bees imposed epos by to wham mistepresentaelemmied by the Mestere. They stated they wets capable immgVhis via the steads:6 orders of parliament, whereas the number of share* upon! which depueits bad been actually paid rendered it utterly impossible they could beetled, T►e company was dimolved In April, 1846, when the directors offered to return the allottecs 21s. • than; that offer was not approved of—one of the *Routes, a Mr. Pritchard, insisted upon a searching inquiry, and obtained 30s. a share upon 100 shares, to prevent hie carrying out the threat he had made. It was (observed the learned counsel) but reasonable the di rectors ►hould have been alarmed at the prospect of an inquiry, for it could be dearly shown that they had paid nri less than 7361. to a broker for "rigging the market," and that, out of the funds eat/elated to their siispesal, they had paid 3191. to a Mr. Bailey for advertisements connected with that line, end also, oat of the same funds, 3471. for a similar claim against another company, in which they were inte rested. It could not be denied that those acts, committed by the promoters and directors, were sufficient to entitle the plaintiff to sustain his present claim, and vitiated the con tract he had entered into by signing the subscribers' and parliamentary deeds.—Evidence having been adduced in support of the foregoing facts, as stated by the learned counsel, Mr. Martin, Q.C., on behalf of the defendant, Bested that the payment' to Mr. Pritchard and Mr. Bailey were artal. the 22nd of October, when the plaintiff executed the deeds.—The Lord Chief Baron interposed at that stage of the cause, and intimated his opinion that the plaintiff had no ground whatever of action. Even supposing the directors h.d misconducted themselves, it could not be held that the solemn contract entered into by the plaintiff should be vitiated and rendered fraudulent because the directors, in certain instance', had acted wrongly. The plaintiff bad, by executing the contract, given large powers to the directors : he had empowered them to vary the amount of 'capital, to alter the number of shares, &c., and he could not afterwards turn round and nullify that contract unless he showed a much stronger case than that stated by his counsel. In fact, he could not succeed unless he showed that the directors had bean guilty of frauds very little short of swindling.—Mr. liumfrey sold that Lord Denman and Mr. Justice Creeswell, a few days ago, in their respec tive courts, held the very reverse of the doctrine then laid down by the learned Lord Chief Baron. Both those learned judges had ruled, in cases very similar to the present, that the fraud which was necessary to enable an allottee to recover back his deposits was no more than misrepresentation, and that it might be shown to have been committed by any person for whom the defendant was re sponsible.—The Lord Chief Baron said he di.sented alto gether from those doctrines. A mere instance of misrepre sentation not relating to the whole subject matter of the contract could not be held to be sufficient to set aside a deed. The real question here was whether the directors had on the 22d October, 1845, concocted this railway ac 'neon for the purpose of fraud, and without having ►ny intention of going before parliament to obtain an act ? If the jury were of opinion that the directors intended, in the month of October, 1845, to go to parliament and carry out their scheme in a bond fide manner, that action could not be maintained, and the defendant was entitled to re cover. It was right also to say that if any evidence we. offered of any act of a fraudulent nature to which the defendant was not • party it should be rejected ; for no one could be authorised by another to commit a fraud for him. Evidence of fraud a ould be direct and positive. He could nut see what fraud there was in purchasing up shares, or upon what grounds the directors of • railway company should be prevented from buying them up. If it was beneficial to the undertaking generally, surely the plaintiff would be benefited as much by it as the directors. However, it was a matter not sufficient to set aside a solemn deed executed by the plaintiff before it had taken place. Upon looking at the whole case, he thought the plaintiff could not recover. (Evidence having been given of the fact! stated on behalf of the plain- II tiff, the jury found • verdict fur the defendant. YAMS O. COBBOLD, M.P.—ANOTIIESI RAILWAY CA•B.— Mr. Martin, QC., and Mr. Barstow were counsel for the plaintiff; the Attorney-General end Mr. O'Malley for the defendant. This was an action also to recover h►ck deposits I paid by the plaintiff for shares in the Midland and Eastern I Counties Junction Railway, of which the defendant (who is member for Ipswich) was one of the acting committee. The plaintiff paid the deposit' in question on the 16th of October, 1845, and on the 4th of November following signed the ne cessary deeds. The ground upon which it was sought to maintain the action was that the plaintiff should have been, and was not, apprised of the real state of the company's affairs before he executed the deed ; that the number of shares allotted and paid upon was much leas than repre sented ; and that although the company did in fact go before the House of Commons and obtain a bill, yet it was for a different line than that described is the prospectus of the "cheme in respect of which the plaintiff bad paid his de. posit. The result, however, was that the bill failed alto , nether before the Howe of Lords. The withholding of these facts was relied on as a fraudulent con cealment by the directors, such as to vitiate th, it contract with the plaintiff as one of the allot tees from whom the iaformation had been concealed, and that he was therefore entitled to recover back the depo sits.—The Lord Chief Baron was, however, of opinion vat the plaintiff had no right to recover. This was a much weaker case than the laet. In this case there did not appear to have been any concealment practised by the directors ; they bad actually not only gone before parliament, but succeeded in carrying a bill through the House of Commons. The plaintiff should have asked tor the deed, and satisfied himself before he signed it. The directors weie no: bound to go into a detail of the affairs of the company to the plaintiff when he was about to execute the contract. The verdict should, therefor", be for the defendant, but he should ask the jury whether they thought any fraud had been prsctieed upon the plaintiff by the directors.—The jury answered that qaution in the negative, and returned a verdist for the de fendant. THE EXPRESS, TUESDAY EVENING, DECEMBER 21, 1847. ARCHES COURT. Before Sir H. J. Bast. OBILS O. GEILB.—Dr. Jenner, in resuming his argument, said that before he dimmed the important point which still remained in this case, he wished to advert for • few minutes to the insinuation, thrown out in the interrogatories, that Mr. Geds bad been buoyed up in this snit by the hope that he should succeed, in consequence of the practitioner em ployed by hint, and the connexion of his family with the learned judge by whom the cause was to be decided. It was suggested that the case of Mr. Geils was of suck a flimsy nature that he bad been obiiged to resort to what wan called the family connexion with the judge, in order to support it. It appeared in evidence that the proctor of Mr. Gods, in the execution of his duty attended the requisition fur the exami nation of witnesses at Glasgow ; that from there he went over to Dumbuck on the Saturday, and remained until Monday ; that a younger brother being in Scotland, invited by Mr. Napean, went over to Dumbuek and remained there for a few days afterwards to see the country, and to shoot duska upon the river. Mr. Geila, the party in the cause, had a sister; that sister was married to Mr. Napean, Mr. Napean had an uncle, which uncle had married a lady who was the sister of the leading counsel on behalf of Mr. Geils (Dr. Jenntr), of the proctor, end of the young gentleman who stayed to shoot ducks, and was the daughter of the judge whose duty it was to hear the cause. In other words, Mr. Geils was the judge's son-in law's nephew's wife's brother. He thought these circum stancesjustified an expression made use of by Mrs. Napean that she wait surprised that anybody could think that the family connexion could have any influence on the issue of the cause. Besides, according to the statement of Dr. Addams himself, Mr. Geils had joined in the application to the privy council to retain the principal cause, and if that prayer bad been acceded to, this court would not have been troubled with it. The learned counsel then went into great detail regarding the last charge brought by Mrs. Geils against her husband, and contended that the evidence utterly failed of proving that any such crime had either been com mitted or attempted. He dwelt particularly upon the evidence of a fur. Hume, who had been selected to communicate to Mr. Geils the intention of the wife to set up this charge in connexion with the others, and stated that the three representations given by that gentleman of the interview were so much at variance with each other, that it was impossible to rely upon them. He did not mean to charge that gentleman with perjury, but his acts were in opposition to his deposition. That gentleman admitted that he had in the, course of the interview taken a glass of wine with Mr. Geile; that at parting be had shaken hands with him—conduct that he would not have pursued bed he believed him guilty of this charge. Mr. Geils had from first to last denied the charge ; in every effort that had been made to effect an amicable arrangement, he had insisted upon that charge being retracted, and when it was first com municated to ham, he threatened to put Mrs. Geils upon the proof of it by bringing this suit, and took out the letters of request a few days afterwards. The learned counsel con cluded by contending that upon none of the ground. alleged was Mrs. Geils entitled to the separation prayed for by her. —Dr. Addams thought that as the reply would not be made until next term, he was entitled to say th it he had a satis factory answer to every statement adduced by Dr. Jenner.— The learned Judge adjourned the further hearing of the case until the gist session of the next term. INSOLVENT DEBTORS' COURT. Before Mr. DocoroDriouee Law. IN as GEOROR JOOI3B.—ALLEOZD FRAUDULENT TRANS ACTIONI.—This insolvent, who was an uneertificated bank rupt, owing debts to the anoint of 5,8001., was opposed by Mr. Cooke far Mr. Pewit and Mr. Pratt. la the course of his transactions, the insolvent had assumed ten different names, and had lived at forty-three different abodes. The number of creditors in his schedule was 120, several of whom appeared in person to oppose his discharge.—The first case entered into was that of Mr. Pratt, who had advertised a horse and chaise for sale. The insolvent, who was at the time living in one room, answered the advertisement, ad dressing his letter from his son's house, in Cutson.street, Mayfair, and stating that he required the horse and chaise for an old lady, who had commissioned him to purchase one. The letter was signed J. P. Jones and Co.. and written as from a firm. The advertiser saw the insolvent at Curzon street, and was told by him that the lady for whom he acted would be in the possession of her income at the end of the quarter, and desired that it might be credited to him. The adortior, seeing a handsome house and large business, a eta tkractos, let the insolvent have the property. It had never bola paid for, and Mr. Cooke expressed his belief that the old lady was a second " Mrs. Harris," as the insolvent had disposed of tha horse and gig for his own benefit.—Mr. Fla % wham complaint was next gone into, was the trouts of the ireivent's wife, and had 1,0001. in the fonds in trust Ise her shildren. The insolvent and his wife Wood Mr. Fork to sell out to the extent of 60W., whisk weary was hooded sow to the ieeolveat. Boa after this, the insolvent gave iastraideas to • bill le he Led hi Mow, wind Mr. Paul; dor a breath at Omsk i lan* soy eat, not. witheardiag that he bad dose se at the request rod for the bloat of she hoolrent himself ; sad Mr. Foots had to O wlet the UK ha the fonds. Mr. ?emit had hes" pat to ere. sidareble mews by suits in ate* use et wadi is NO perils& the laesivent haring m a 6, t h, srnarresy of the laterest of the maney.—Mr. prietor of the stationery business in Curve-edreet, opposed, and statedthat the insolvent went to him in 1 844 , amonapanied by hie solicitor, Mr. Evans, for the purpose of purchasing the busioess. Jones represented to Mr. Mershell that there was • chancery suit pending, from which he was in the expecta tion of receiving 2,0001., and requested Mr. Marshall to take • bill at six months for the porchue money, 1671. 10e. This i was agreed on, sad the bill given. Toe lease was originally I nude out in the insolvent's name, George Jones, but his I name was afterward , struck out, and that of his son put in, Mr. Evans, the attorney, observing that the insolvent did not wish to snake himself the priralptl, but had no objection to covenant for the payment of the rent. A man et the name of Crutell, who was security for the insolvent to Mr. Mar shall, had an income of 1001. • year, but was nowhere to be found. Mr. Marshall concluded his opposition by stating that the insolvent had represented hix self to possess property in Wales. This statement was totally denied by the insolvent, who declared himself to be the victim of vindictive creditors. —The learned Commissioner raid the ease spoke for itself. The insolvent's conduct to wards Mr. Fossit was ungrateful in the extreme. The deal ing with Mr. Pratt was a simple case of swindle ; and the insolvent would be remanded at his suit for a period of 18 months; at the suit of Mr. Marshall he would be remanded for 18 months; and at the suit of another creditor, 8 mouths, each period to date from the vesting order.—Remanded ac cordingly. ASSIZE INTELLIGENCE. LIVERPOOL WINTER ASSIZES.—SATVIIDAT. SECOND COURT.—Before Mr. Justice Coltman. RIIMAkILABLE CHARGE or FOHOZR.T.—Edward Wilson, aged 27, was indicted for havi.ig, at Liverpool, forged a cer tain warrant for the payment of 2601., with intent to defraud John M'Nicol. Mr. M'Nicol, who is an engineer, in the early part of 18.16 entered into partnership s its Mr. Anderson, a Liver pool merchant, f r carrying on some steam saw mills, in (mope of construction in the town. M'Nicol was left to superintend the erection of the mills, and engaged the neces sary parties to carry on the work. Mr. Anderson, however (before the new mills were completed), engaged the prisoner as cashier and clerk, keeping hint is his own office until the new concern was ready. The two parolees had at the time no comminnication on the subject. A short time after wards Mr. M`Nicol inquired of Mr Anderson the amount of salary at which the prisoner had been engaged. Mr. An. demon said he could net remember the amount, but the iroprevion left on Mr. M Nicol's mind was that it was 901. a year. In May of the present year the partly, ship was dissolved ; and in December Mr. entered into partnership with Mr. /wane. 1340 re the dissolution, so the buatnen had increased beyond the extent contemplated, Mr. M'Nteol had some conversation with the prisoner, and offered to increase his salary to 1201. a year. The prisoner is said to have expressed his gratitude for this. On the Bth of Dec. inst. a bill became due, which WAS drawn by Mr. 11•Nietil, and accepted by a Mr. Williamson, and It was agreed that Mr. M'Nicol should meet the bill thatday, by sup plying the means of doing so to Mr. Williamson. Mr. M'Nicol gave instructions before leaving his office that morning to the prisoner to fill up a cheque on the Borough Bs k to the amount of that hill of exchange, and to bring it to him to Mr Petri, 'ts office, that it might be sieved. The prisoner took the cheque, but not filled up. Mr. 11PNicol found some fault with it, hut signed the black, repeating his in structions about having it fillt d up. The prisoner went away, filled up the cheque, but not to the amount which he was told to do. He filled it up for 2.501., took it to the Borough Bank, where the money was paid to him, and want away. The money, according to the in structions, should have been sent to the London branch of the Borough Bank to meet the bill of exchange but as it was not Pent the bill was returned dishonoured. The prisoner, it appeared, had returned to the office, and en tered in the books the money which he had received, but opposite to it he inserted a debit to himself of a balance of wages, 2521.45. Bd.—.‘lr. Simon, on behalf of the prosecution, contended that no balance of wages was due (a payment in due course having been made only eight days before), and that even if a balance were due be had no right, whea instructed by his employers to 811 up a cheque for a ?ertain purp see, to apply whatever amount might be so received in payment of himself. The contrary would be a most dangerous precedent to establish in a commercial community.—Mr. M'Nicol, who was the first witness called, said the prisoner, being cashier, paid himself, at irregular times and in rums of various amount. The prisoner had never made any demand upon him or upon the firm for 2001. a year, or for any other amount than that which he had received. He had never intimated that any balance was owing. Various entries from the cash-book, in the prisoner's own handwriting, were read, which showed the irregularities stated. 4ln 1846, the aggregate amount paid to himself was exactly 1001.—Cross-examined by Mr. James: Mr. M'Nicol said before he went into partnership with Mr. Anderson, he was himself a clerk, a , 30s. a week. On the evi sing of the Bth of December, the day on which the money had been drawn, he received a letter frem the prisoner, telling him what he hod done. He at once gave the prisoner into custody for embezzlement. He gave him before into custody re he had looked at the books at the office in which the transaction here mentioned had been en. tered.—The only other witness called was Mr. Kershaw, cashier of the Borough Bank.—Mr. James took various technical objections, ore of which his lordship reserved, but the others were over-ruled. He then addressed the jury on behalf of the prisoner, in an able speech .—The learned edge carefully summed up, and the jury retained a verdict of Guilty, with a strong recommendation to mercy.—His lord ship intimated that no judgment would bo passed at the present assizes, in consequence of the point which hod been resent d. The court rose at half-put ten at night, and this closed the bnainees at the assizes. POLICE.- YESTERDAY. MANSION-HOURS.—Urrzerreo BASE Corn.— Caro line lanes and Rachael Levy were charged with uttering base coin. The shopman of Mr. Pitmen, of Cornbill, pastry cook, stated that the prisoners bought half admen puffs, and asked for change of a 51. note. Witness served them sod gave the change into the hand of Jones, who had handed him the note. Levy, upon bearing that the puffs only coat a shilling, desired witness to give back the note to the lady, and she would give him the shilling. Jones then handed back the change, and he at once saw that there was one bad sovereign substituted for the genuine money he hail sup- Ilied. —Wm. Johnson, the son of the landlady of the George nn, in Smithfield, said the prisoners went into his mother's shop and called for two glasses of wine, and change for a 51. note. As the landlady bad not change, the witness went into the parlour and was accommodated by a customer there. One of the prisoners objected to one of the sovereigns, and finally the Si. note was returned to them, and they substi tuted, in returning the change, a counterfeit sovereign for a good one. The prisoners were committed for trial. Bail refused. 1 MARLBOROUGH-STREET.—CHAROB or ROBBERY AND ATTEMPTED MURDER IN HYDE-PAWL—J. Robin, a plasterer, was charged by J. Simmons, aged about 16, with robbing him of 11. 12s. 6d.—The prosecutor, whose throat was bandaged up with adhesive plaster, said he was an i errand-boy in the employ of a travelling stationer of the name of Smith. On Saturday night his master paid him 30s. for six weeks' salary. Ile went through Hyde-park on his way home, and on the path leading to the Serpen tine be passed the prisoner. When he had got about 20 yards further on, the prisoner walked up to him, and putting has arms round his neck said, "Now you can say good bye." The prisoner then put one of his hands round wit ness's throat and the other before his mouth, so that he could not call out, and took • razor from his pocket. Wit ness put his left hand to hi. throat to save himself, and the prisoner drew the razor across the back of witness's hand, and cut it slightly, Witness took away his hand, when the prisoner drew the razor across witness's throat three or four times, and slightly cut him. The prisoner then tried tosuffo eats him by putting his hand before his mouth, and told him " he could now say Amen." The prisoner held him so till 1 he was nearly insentible, and he felt the prisoner take 11. 12s. 6d. out of his pocket. Theprhoner then threw away the razor, and ran away. Witness went in pursuit of the prisoner, and after running as far as Ansley House, he met a constable and told him what had occurred. The con stable went with him down Piccadilly, and near Dover-street ' met the prisoner, whom he took into custody. Witness had found the razor at morning.—Police-constable Fraser, 124 C, said that on being told the nature of the charge, the ph toner said, " If the boy has sworn falsely, what redress can I have ? " Eleven shillings in silver, and some pieces of paper, were found upon him.—The pieces of paper and a tea dealer's circular were produced in court, and the latter was identified by the prosecutor as the paper he had wrapped his mosey in.—The defendant said the prosecutor had sworn falsely, and he could solemnly assert that he was not in the Park at all last night. He never saw the prosecutor before he made the charge against him.—Mr. Hardwick said he should remand the prisoner till Wednesday. MARYLEBONE.—ALLEGED CHALLENGE TO FIGHT • DVEL.—Mr. C. C'ogAlin, • sporting gentleman, at tended, by virtue of a warrant obtained against him on Thursday last, charging him with having sent a hostile mes sage, through Mr. Dillon Browne, M.P. for Mayo, to Mr. A. 0. Prescott-, brother to Sir William Prescott, brother-in law to Lord Rendlesham, and late a lieutenant in the Queen's Bays. The dispute arose from a turf transaction. Mr. Prescott's solicitor read a letter, in which Mr. Coghill" declared that if Mr. Prescott did not arrange matters with him by a certain day, he must treat him as a defaulter. Mr. Coghill', upon this, stated that inasmuch as Mr. Prescott had entered into his case, be should now, with the sanction of the court, say a few words, and show how badly he hod been treated by Mr. Prescott.—The magistrate observed that after the reading of the letter above reterred to, he could see nothing therein which indicated an intention to commit a breach of the peace. Mr. Coghlin was at liberty to put any questions to Mr. Prescott bearing immediately upon the case.—Mr. Prescott, on being interrogated by Mr. Coghlin, 1 admitted that he bad some years ago ridden a steeple -1 chase with Mr. Coghlin, and that the latter won a sums of upon the occmion ; he (Mr. Pres tort) had to xpessl pay a portico of the amou n t to Mr. F la the month of Novembe r last, when he e to receive 2,0001. due to him from ano thee gentasman.—Mr. Coghlin stated that at a late hour on Tuesday algid last Mr. Prescott went to his (Mr. Coghlin')residams, and Liked, with an oath, Hitt. Coghlin were in the hems, be that he would kook every bone in ' his body. Mr. Osglihe admitted that an lids bearing of this, he requestid lb bled, Mr. Dillon enewais, to wait upon Mr. Presseny to ilimend an englaasion of gush ennihist. Mr. Browne ansenligly saw him, wiles it was wool woo that Mr. Prawn aimpabt mod a bind to Mr. Bamako that day at five O'clock to the &km Otalk—lt may ban be observed that the inforbedloa_ upon whit* 14 IMAM was pawed sat tioth that ML Maim Drawee, * be masa %Tor:. I'mwatt. ail tbat ms strata not A. amiegal • tames. at d,. gab Whirs saata4.—Ottto paid. Wan were gone into, and alai vim* at Mktg an as. hibited on either side.—The defendant said that he bad no hostile intentions towards Mr. Prescott, and that he should not take any notice whatever of him in future. —Upon this manrance the warrant wan dismissed, stud the partam then left the court. HAMMERSMITH.—LIABILITY OP OozesOoxaTo KAINTAIN TRIM PARYNTII.—R. West, W. West, and C. West, were summoned at the instance of the parochial officers of St. Mary Abbott's, Kensington, to show cause why they ne glected to maintain their father and mother. —R. West, een., deposed that he wee the father of the defendants ; he was a bricklayer, but had not for five year, been able to do any scaffold work, in consequence of • fall. He had for • long time suffered from rheumatism, and bad done nothing since April last. His wife was in a very indiflerent state of health. He had applied to his son Cornelius, who was a master builder, for employment, but he refused to do any thing for him.—Mr. Madden, the relieving officer, said Mr. C. West was a man of property. Only • month since he bad received a bonne of 1,000 1. for a piece of building land he had taken. The defendants' parents were in the receipt of Mx shillings per week from the parish.—The defendant Cor nelius deuieu the truth of Mr. Madden's statement, and asked him to prove it. He had kept his father all the lest winter. His two brothers were able to do something as well as he wee. He wanted to know what they would do, and he would then do something more, although he had a family of aver, children, the eldest of whom was only 13 years old.—The defendant Robert said he was anxious to assist as soon as he was able, but he had four children to sup port and owed arrears of rent, and expected a broker to be put in possession of his house.—The defendant William said he travelled the country putting up hot water apparatus, but bed been unable to work for some time owing to rheumatism, and bad two children to support.—The defendant Cornelius said that if his brothers each slowed Is. 6d., he would allow 2e. a week.—Mr. Madden observed that would only make five shillings, while they were at present receiving sixehillings from the perish. Hs thought the least Mr. Cornelius would have offered would have been halfdterown.—The defendant Cornelius, however, refused fo give more than two shilling., saying hie father had paid rent and taxes in the parish for so many years that the parish ought to allow him something. —Upon Mr Beadon's recommendation it was agreed that Cornelius should allow 2s. 6d. MONEY MARKET. MONDAY EVENING. The funds have continued in the same calm passive state as for some days past. Console opened at 84i to 5, and so remained until jest before the close of business, when they rose a fraction higher, and left off 85 to for the opening, but the transactions were remarkably unimportant. Reduced Threes, 84} to t. Three-and-a-Quarter per Cents., 86 to ,I. Long An nuities, 8 9-16 to t. Bank Stock, 1864 to 84. Exchequer Bills, Be. to 10e. pm. India Bonds, 18e. to 13s. discount. The apathetic ccndition of the home stocks turned the attention of speculators in some degree to the foreign market. In Span'sh there was a alight ad vance, the Fives, 171 to 18; the Threes, 29 / to 301 ; Deferred, 11 to 12 ; Passive, 3 1 to 1. Portuguese, 22 to 3. Dutch also were better, and so came from Amsterdam, where the pressure for money had rather abated, though the rate of discount remained at 5 per cent. The Two-and-a-Half per Cents. were last quoted 551 to 8; the Fours, 85 to /. Mexican were 17i to 18. Peruvian, 29 to 31. A report has been current to day in well-informed quarters, that an East India house of respectable standing in Liverpool is labouring under some tempo rary embarasements, and that the parties are in town negotiating with the Bank of England for assistance. The securities offered are said to be of undoubted value, and no apprehension is entertained by those who know the helm of any mischance or failure likely to result. But the parties are understood to be anxious to liquidate and retire. Under the circum stances, it would be a manifest impropriety to bring the name of the house before the public. A Liverpool correspondent furnishes us with the following addition to the list of stoppages :—I regret to announce that Messrs. Thomas and Joseph Sands, in the American trade, stopped payment this day. The following is their circular : it will be seen that it is merely a suspension of payment: . . . _ _ Liverpool, Dec. 111,1847.—fir,—It is with mesh concerti T am under the oeoaaity of informing you that, in consequence of the difficulty of obtaining remittanees, tee f.ll in the 'ahem property, and still more the misappropriation of funds by those who were associated with me inyobat traoreciions. it has become necessary fur my tens of Thomas and Joreph rends and Co. to su Tend payment; but 1 Mat I may state that the creditote will nne.ve the full amount of their claims. It bat the same time des to the house of Sande, Three; and 00. in which I em interested, to say that the affiers of that firm And of l t ho. mos mad Joseph Sends end Co. ere totally denied; and that bands, Turner, and Co. will in no way be affected by the event fast has oe. inured. Indeed, the amount coining to me from that Ann will form a large item in my aerie. A statement of the of of my firm shall be prepared ea early se possible, and laid before the ereditors.—l am, (Signed) Tames boom. Mr. T. Sands was Mayor of Liverpool in 1844. The failure of a house in Newcastle-upon-Tyne, ex tensively engaged in the manufacture of soda, was reported on 'Change—liabilities not stated. The name need not be given at present, although the fact is understood to be undoubted. From Frankfort the money and stock market comes better, date the 14th inst. 'the rate of discount re mains, however, at 4 .1 per cent. German railway lines, which had fallen materially during the week before, were recovering, with a fair demand. Spanish and German stocks were also better. LN01.181:1 FUND& Bank Stock, 188 Long 1a5n..30 Years Iffx.loth Oct., 3 par Ct. het. Anne.. 8411 Igen. 131 3 per Owe. Cone. Anne. 84 India Donde under £l.OOO, 13 New 3/ por Cent. Anna.. ta e 6 Commis for Ace.. le ei Loos Anna tic::. oth Jan, 18601, ae. Mils. Ll.OOO. 2.1.. 108 8 9-18 Ditto £3OO, 9 11 Ditto Small. 10 13 TORICION FUNDS . - - 5 pee Cont. Brazilian Bonds, New, epee Ct. Portuguese Bde., Aect..22.1 1643,75 6 66 0 y Cu l ' . 8 6 40 8 1 6 8 6 11 1 t 18 .16 " di' hum 6 per Cent. Chilton Bonds, 884 1 per Cont. tinsuada Bonds, Ds. 6 per Cent. Brent& Pandve Bonds, frrred. 36 34 4 6 per Cent. Ifelloan, 1846, 1711 3 Plc Cent SPlrlea Bonds Amt.. 6 per Cent. Peruvian Bonds, Amt., Dee. 31, 201 301 Doc 31, 30 26 per Ct. Dutch Exchange, 12 4 per Cleut. Portuguese Bonds, 224 OWL. 66 61 .61CDANGL8 AND STOCKS ABROAD. HANinie. Dee. 17.—Austrian Five per Cents., 101 Ms; Dant %wen, 1 6uu bills ; [lumina Busilsh Loan, 1041 bills, 1041 money ; Vim gulCeint. Hasobairg Certif., Loll bilh, 101 money: Ditto, lio:v & Co., and Fourth Barka, 95 money • Ditto, to certif., 86 money. New Four per Cents., Hope & Co., kt u mowy ; Ditto tidegilts, b 6/ Dille; lipsnlab New Yin per Cents., 121 Is; Ditto, Throe per Cents., 23 bills ; Portuguese English I.lisi, Two-am:ln-Quarter per Cents., 28 bine; Dutch Actual Debt TwittusdA.Half por Coats., 65 - bills: Poßsb New Font pee Cont. Loan, 1644, 19 bills ; Danish Luglish Loon, Three per Cents., 616 bills. Hee/anon on London Hamburg, Dec. 17, 13 111, 2 months. 1361 Btoclibolm. Dm. 10, 90 days, Ito. 13.5; Dec. 16, 3 moan* n 271. V1.M... Doe. 13. —Atutriso Flyover Cents.. 1011 ; Ditto, Four per Cantu, 93; Ditto, Thme per Ce 1141., 43: Ditto, Two.andis-Iftlf per Cents., 621; Loan of 1334, 158/ ; Bank Warns, 1,617; Esterbasf• Low, 62. SPECIE IMPORTE.—During the week several arri vals with speem remittances have taken place. From the United States 132,0001. have been received by three creel,, namely, 80.0001. by the steam•ebip Acadia, from Boston ; 30,0001. by the packet-ship Hottinguer, from New York; and 240001. by the Roicius, from New York : the latter vessel arrived yesterday. 60,000 dollars were also received from Valparaiso, by the Royal Sovereign. RAILWAY NE WS. We had an extremely depressed market for shares yesterday, with orders of sale from the country, more numerous than can be executed at any decent limits of approximation to actual quotations. This depression of the market was maiuly attributed to the heavy calls falling due next month, and it was remarked, moreover, as a circumstance requiring explanation, that the dates when these calls mature, tall, in several instances of the large companies, a short time previ ously only to the time when their dividends become payable. MENTINGS.—NOILTRERN AND 80r THERM CONNECT rao.-44josintest Meeting of Morehnktern.—London, Dec. 20.—Mr. Horatio Clark in the chair. The Chairman stated that ninon the pre vious meeting (give ii in thin paper on the 9th inst.) their engineer, Mr. glib., had obained a verdict against the company For 2,0404., sad hLi wlicitar had served a notice on the trustees, enjoinum them not to part with any of the foods at present In their posseedeo. In con : ...gamma of thla the bands of the committee, who could not act without the trustees. bad been tied up. The trustees were recommended, meanwhile, to recerve • aim sufficiently ample to meet the clam in qw won, and to divide the remainder ansong4 the ahateholders. In reply to a question the ( - human said that the committee intended kethwith to return 10e. per ehare.—Alter • brief discussion Mr. Clark moved a resolution authorising the committee and trustees to return this 'moue, aspart of the residue of 6,6001., and empowering them to apply the remainder towards regaling or compromising Mr. Gibbs's claim, which wee Ilgreed to. KILLARNEY AND V•LENTIA.—FiraI Gofers) Meeting. —London, Dec. 70.—Mr. John Attwood in the chair.—On the seal of the company being allied to the registry of shareholders, It was ...red lad woonded, "that the meeting do adjourn until Thursday, Feb. 10," which wee agreed to.—The Chairman stated, before the meeting separated, that he Mpg to have samathion very satisfactory to communmate when next May trot. MISCELLANEOUS NEWS.—Baal Mro Helms Ex rzyslor.—Thir line, whien was impeded by die government officer batiuday, will be opened for public Uslde teddy. SCOTTIen CENTSAL.—The works are mew MO neatly oOrn pleted to Stirling, the& then out be little deabt bat ewryttsng win be in a the new year. oomplete stale otreedineee lot Irene *est the beginn ing o f 8111114110 sar= Dtrarnablnic. roinpany are de termined io pooh brivaid their worts with the Ono= &vetch, has. Mg demob, in the prelim state et the wag =dirket, to the deuside mot be web IM their eleweheliers. • Peel la the orb. of was yen Yet tad dab lbe Inaba* Edam sail Alba will b loadadel; mil as be. Waft 101•111,1 Mrs we we,, b ' aided a ballad dr/ weds an le alb dabbed la •by waft. Mita bay vM he • deed saw. useimftmlia %twist Allea, legtokinsh, Campy_ , oder pall et Osseo& ABIADSZN.-,14.. Cubes rasiorle that " works of awry emiteetwee inleih n eztedliemeo bore Stinek helm NAbargraa. dim ad • lads / sr Iltriaddr pied at Wart lir amarad blew No awe di we hind* isi add* ball bib awl am No dye at laddialt sr lidlomAti ; Amp maga lbws an itytlatond deller4 "I wail Mb as_ a .1/ 01 .14--" t i rdlard••••• i nz as is Cherra amdmii, war mum a ham Valise( oleik Nal dre wripaa rel".4segia• tlaat adambade ismal dory in gnat disc lamb it liar dad la radon Ida at haisaliam. of Ikea One be Mine= irate, Twin Ilea be be edwardsat b Web dl ovally good ;al aro aid ti try bas sat um elm kiddie Y. Ia dad, I Mat lady that lam amiss a 7 ..~.. *aka stronger than by en =tagß eoa — rd tut. 1 elm aid hare obJeWon la s kluar my own credit al u all or any of Ute works II bays was power fr oa tb.,=• to the o th er of the lime." SHARE LlST.—Loxaux, No. 20. mors.—Tha quotations of Knee la Locasa dcasactars dear% ldadmodoss : those m lime la Italics amilw prior tow _ _ tau,. 1 - 4 b erdt, : 1 - tit ; O 7 , NOL G ? 4. r' 7., 80 Bristol owl . fu D. .7-4 .. ..T4t III!, Buelonimmanro• De. g in, . 37g Melo e IlsliAstst. 8 De. Prsteraws. . 10 D.lst GMwa 6..i 10 De. Id GI., sp. 10 DublisEne4/I..haw 16 Dundalk& Estewklw. ) 15 EAR MI Let E&l4 k 11 U Do. (la E. e II.) 3 LW at.toc E. al' 2) 'Wan! Coumies . 21 DoExtos.bp.t Do. do Do. Yora DoNordin& 1 De. leares Eisine:es - I niin Isa. i darts . . Bart Lancashire. Do. it'ete Do. New g thar East Llocohtabire Etlintne= , !L Do. Do. t shuts Etlitsto,& Eztkr.reoriC OreatpiorOoly., ,01 SortA W r er oot Nor& Da New, 16 Da. New, S. Do. Nero, gat Wanlsra. t *Pre . Do. Now, 7 sod aloes. . . gum. f Do. t sAura ps.. B. St. Do. do. t ' manager Do. 77Ordr Do. Lewes • D Do. share Do. Blstoostba. Do. Thirds (lb DollyhMersll Do Whl PK( Do. W. RAJ Do.Pregool Do. Do. I:hares. jLw'~!rfs t bn(%rd. 737. 34 Do. Prcf. 311 Loods.Dors., Si Us., Maw.. 2 Lir.,Orostmok I 6 Loudon k Black, Do. do 41 Do. do.. . . it [co.. I;righion. 21 D., C 0... Eiol Do. do.Getor Si st) 50 Do. do. 18:4.. . Pil Lotd.h. and (:r es ISE lA.. IY:'wmc r .09ILo WA. DX. A. Dorn, 7W COMMERCIAL AND ILIREETB. PRODUCE.—MiNcr.so-Laaa, Dac. 20.—Than . pablia Balm of sugar, cores, and ries advertised we kLmovr. w (Mb day) pare prevented banner by private mender —Rented augur lasbeen steady ad raider 9 rDlotstlens.-300 bales , f Surat Dart& have boa gold at 3d. Sid. par lb , which were ;Rect.,. raday. —lva : low MOOR Cam at Bd.—Tallow has been dull, and d. clined to eis 9d. to EL; town remains at 19e. C,d. ; roug , fat, 2s. 51d.; arrived daring len week. 2,472.3+11as ; deliveted, 0,7.6 may; the provost stock a bail Is 11,35E1 casks ; at the correeponding period let year it wm 23,t111 anka.—Provisions. Butter , the maraet has b, et, inactive, but pins reinaln unaltered. Bacon dull, mad the truaections have been a a Stated Neale. Hams: there hay,. be, la wane silica!, from Cattail Belhat, and 71.1 e. has barn raid; old haste romance out Cif demand. Lard: flue is manse, and colun.andr full privre.-o,h remain w e b ; seal, pale, 29'. ; way, 271. ; LI ow. and yellow, 2S/. w 2.2. ; mum, l0(.to 527. ; bead matter, 021. tai l!.; oat, 231. to 25/. 101, ; eta Sea, 2N. We. to 324 Ida; °hoe (Gallipoli), 45/. to 461.; Spey lad dicilv, 434. to HI.; palm, 297. to SW. , CMOS au; Sul, tueSt.; ad rape psi, MX ; Unseal, 24/. LONDON WEEKLY DOCK RETUItNP, Dar. Id. I lmported. Delivered. Pr. Week. 1I a vaAa.W.l.ll.llaaa7l iaaT — .t.i., --- zi,t7i — — 7lll' Staurlthie --tem 757 6.452 62.434 NAS Bun a /grin. tee 11, 4 2 6.6.15 151.712 = Forelan ... bap , LOH 4,44 , 0 144,742 !dregs, W. I. makor 5 41 2.4.:4 ani Ceylon banal 3,716 3,9 a/ 114.904 206 6,425 cos D. P. tap 325 5.656 '7 ladle sake. an an 14365 11.1111 Onto , t? s BhIPPING INTELLIOENCE-MAILL sat ara~aaa DIM. on. Dosaal. IMO 7 Dublin O,l Holland .... 0 i nclui, v. South. 0 rirdner,Nalf I 6 Waiedors Battaglia...bd Ol hams ti 0 De. sammilles 0 pavane . Jay l Guern.tJars. 0 Lisbon— bib '. Wet Doc Boat and 0 W in. Lisa 1 Hainbere.... Mediterran ul Hanks Dec. 300 Small ...kn.! Gunman, Dec. 20.—Arrived sir It. Peel, Harlingen, .• Memel Bute, Cbarante; Dueller* of Isuceleuets, Cakutu; Acadia, Mahal% Lady Charlotte Guest, Leghorn; Daphne, Bt. lilleltsers; Dove, Pb ems Royal, Crosby, Vanguard, Hamburg; Lion, Harlingen; S Antwerp; Comm, New York Adios, leer; Quiver, St Mißlad'a Sailed : Commodore, Mobile; Giovanni. Trieste; Euphrates, sydesy; Zenobia, Cape; Max) Roue. Cuba; Diadem, Cadiz; Clivsbire - Witk, Rio; Amy, Sierra Leone • la l'ouic, Cherbourg; Bad P or t, Spris; Concordia, Guerkey ; S tubs',, South Seas ; Charles Brook, Bt. Ilk cent's; Republic, St. Übes; Ibnh,, Oaks. Lives.root, Dec. A.—Arrived : Leo, Brake ; Louisa, Calks; Petrel, Bonny; Lehigh, New Orlcawt ; Standard, Demerara; gds. Man, London; Sphyuz; Robin (Amy ; hoe. Battereby, Free; Roscius, New York ; Bridget, Lisbon; Union, Ostend.—Sdlel Sardinia, Montezuma, New York ; Intioni.tant, New tokens; Ana nols, Newfoundland; Meg Menthes, Imoree, Damns; Maid el Way. kern Leone; Triton, I rieste ; Martha Washington, N. Yoh; W. Edward, Naples, hatinka, An. res ; Bee, 7 rieste ; M. Mir, Singapore; Liverpool, New York ; W. Ward, Harmony, N. (klams; CLarence, Lisbon , Barbara, Limo ; Asia, Mobile ; Prior. a Clanks Colman& • Brenda, Constantinople , Medulla, Beirut; Zills, also;Ci;wline, Madeira and It. Gamtva ; Zephyr, Africa; nab trader, N. Orlon. • le Dauphin, Bordeaux ; Ursula, Bombay; AS patria, Oporto ; The Duke, t allso ; Partenotea. Rio Janeiro; Mesh Genoa• km Jees, Havana ; Byers, Treiste.—Off : Henry Mask, ks, , _ . . The schooner Fairpley is totally wrecked near Lang 14sui Choi —The Aransas, from Quebec, was at anchor on the 17th inst at tis entrance of Crookharea Ilarbsur, waterlogged and with hae MMus mast, in the hurricane of 6th met., lat. 50, long. 22, toe mensal:oM the meek, end it was suppowd she would not ride out the Os that raging. —A easel, timber-W(4 4 has been wreekid at Gem Po* h. side tape Clear.—The Charlotte ol Hul4 from Bombay to Leaps{ was tawed into Long Island Channel, Crookhaven, 17th ion., AS masts out away.—The Henrietta Mary, from Quebec, wrecked it Core, went to pieces 17th ben [Advertisement.) ANOTHER EXTEAORDIXO2 Com or Arrows VT Qum., Av's l'aut.—Patrick Caney, midi% at Nc 1, OwnPiao-place, Brunawiek-rquare, had suffered km a chmahe asthma for wee than three years. 'lbis poor man am • great a barer that he did not dare to go to hd (or fear • phlegm choking him ; indeed, he bold hot seen lay his. head ea table har half an hoar, lest he should be soffoated Yiereethelso this person b now laboring from morning to night, sleeps • ad • ever he did in km life, and, In fact, G completely cured by the god Holloway's Pllla.—bold by all druggiatit, and at Referee Hollownli kat.bliatimant, 244, Strand, Lomita, BURKE —Doe. 13, at Cork. the wife BIRTHS. of J. Burke, 8+9., buebierwl , law of a ago. COLHAN.—Doe. 16, at Dubßa , the wife of E. coml. Ep., oaks** CUNNINGHAM.—Doe 19, at Kensington the wife of Peter Curb* ham Pot . of a daughter. DORCHETELL—Dee. 17, at Greywall MIL the Lady Dorehoter, daughter. KIIWARDES.—Dec.I6, the wife of the Nov. J. Edwardo. of AM. house, North Mums, He to of soon. GORE.—Dee. 16, as Aatillne, Clam, the wife of CaptOn Oors. of I HAlltltioN.—Dec. 14, at Welsh Pool, the wife of R. D. 'Weise% Em., of • sou. HOPIL—Den 18. at Bedgebury-park, Lady Mildred Hort, of • daughter. LA BATT.—Den 16. at Dublin, the wife of IL Istbatt„ EAU.. o'•••• LANOPURIL—Dec. 16, at Thornmouut, Kilian', Down, Ow wife of is Rev. J. T. Longford. of • son. PATTON,—Nov. le at Cornwall Rectory, Canada Wert, the wife d the Rey. H. Patton, of • sou. QUAY LE.—Deu A at Cestletown, Isfe of Man, the wife of M. B. Quayle. Esq , clerk of the Roth, of • son. RUSSELL—Loc. 13, the wife of Mr. !Limo% mayor of Lad ) .. , of a mu. MAWR/N.—Dee. 16, at Norfolkotrolt. Park-lane. the *lre of IL 1 Retools. D.M., of a eon. MARRIAGE& JERBMIN—CART.—Dee. 16, at East Telsomouth March, by Ow So. J. A. Jeremle, felow of Trinity Colksb. Cambridge Captain W. r IL Jarernie, 36th Light Infantry. to Ellotheth Marla. the late Rey. L. P. E. Cary, to, morly of Ite ti lettle, Doo:Lefast i MUSK ERR Y—MOROA N .—Doe. 11. at Bromptort. the Hon. Robot Irltsmaurthe T. Doane, eldest son of the Right Hon. B. MoR of hPringlitad Castle. Limerick, to Klimbeth Geraldine, eldest ter of 11. K. O. Morpo, Req., of Johnstown Castle, H. P. Wexford. BPARItOW—BLAKE.—Dec. 16, et Donnybrook Church, by the get M. Burke, J. B. Prance, Esq., of Red 11111, Antlure, to Sarah, <mad daughter of 11. M. Blake, bien., of Wolof, (Alley, an 6 Heath. Mayo. WHITEHOUSE—PARR Y.—Dee. 16, fig Southampton, by WS Arq r Pasolsaws 4 26 4 Whitehouse Esq., surgeon. of Brighton. to, ."'"' tor of W. 11. Parry, got of M , mtagueogaw•L 11 7 0= I ET—P.Rocrott.—Dee. 16, at the {eye. aledeh of Swifioe. Armagh. to Ann Jane, daughter of the bete N. Procter, Log., of Lawlow. DEATIIS. BEM:MONT.—Don 16, at Shelton, Karat., relict of the late BM 1. Besumont, Yorkshire. BENTLEY.tIey—Dee. 13, at hit tookkame, liedahtonhal. Bale"' 4 Ben, Nee.. Ned W. BLACK BURNK—Det. 17, at Leamington, Coot. I. im s ktuies,l6l of 11.111.1 41W Hem. CANNON.—liee. 16, at Woodbank„ Burks, Thomas Como% 14 " Mad FRANC WI .—Dac. IL at Blackheath, 0. Franc, Esq., talc celver.Ommeal of the Oettanak men 6A HAciarrr.—Dee. Is. J. Hackett, Reo., of Waterfeed. tore . of the Peogiff OW_„__ BART.—D Ite mM the New Bens ablation of ear JON M.—Dee. 16. at 'B. Ibal. L. Jcv y llsaa. and later, IIL —Dm 16 43 a1 Ida atm , RIJN .—Datt. le, at dutila. ) 1, , AlL—Dec. 19, at Bt. LL.B., Rector of , 1- '2 L/MlL—Dec. 16, Vas, 16. at fliedmire, Sea. MMUS. 0 — Dee. Iloashe, geed the warmyce WH 16 A e G. I":lllruirrar.ll-immaiZa. 2 two. 1.8 16d. IT Lne&NW4443rtjaai., i ii I f i ,= ?a t 4 Do.o Lit ..1.16:h14111 rfortl Jo 221 Ti po.lo. M. N&B 6;51 or. 4•Bfra 1/ Old. 71 Do . 10 1.41.,61.111. Val 1 Aseter 13 Id. 1 D0. 11 8.41.,11.6/3 e i r .? 4 0 61 4 I F . l 74 " per M : 14d. 101116 ) L,„, 7 - 11 . , 1 : : ::: : ....-b h: Cl . ,i!„.i . ;: - . 4 :f .: 7 :,,, :,......„7;:. : I ' 4 ' atw .7 ....: 41-71; : 4-L,u ii , "6 . . 1:, , , t i 1 ih5... , „„:: ::. . c.„. 4 . ,..i .: : ,...n ...„7-- .1.110.:.r.,, : ::: : : ...., ii i: i t .: .:. „,..... j . .. ii . . uim, ,. ~..),....,„.,, , i 1144 10 ik, .... ,.., ..„. :. ~ . .. ..... ! iii 6p.a.N01 pip. 35 141.d.Dt. WestiliO, No. 1 Nnrors/k & E.,rh i Eitel, • 1 11b Nerwourkef ... .. 21 Engl. 50 51, N.rt.), British ... .: . IL Ira . lli IT/ Do. tat ar5......• .li 5 44. Do. Nor. tai. . id . , / dam * 1). .D0 Quark!. 4tvelf. p i losblr• 1 & 66/0 144 44 LAT.6cl64TbolNo o Pt N. Goodie* °aim .. no 11/ Noo . lkiOn . 4.11.1.1+,6 N... Sta ..4 llor w.on. rlddr,.. . i i 35 Gild Wore 6,1 foil. .hole: lr 7/ 1k.13.,0,61d.88611.i. 2 ,..._ 1,1 Morton t 5.64 IlikAi., pi de Yorikr 14 ia. SO &Wish Crolrul . ... 3, Iv, i,b.,034 dd. 17, FoI.,DDA Ifitilood ..I Vizi , No, 22T 10 Do. Nor ......„ 5 Ir.. Mgt.. & ( 3 .4(f1{311_ • Shreroo.&Bfr... (... IA 3r tom lsi. 111, 8 .0:,. Mara Au 1 15. 16j II Do rflurterry...... 1 Pt, Aro . OE , 111., 7/ 6 fr,Bpererhi. i.w. kt. 'l 0c 3 d. pot 4 fihro,au, Limon.. A 2 /t 'Mock '2d. par 41 , Booth Devon... .. elby *4 90 Do. holm, ore .. 1 tioutllBl.4ford,dirii ~,, . . 7 lop, 33 Ifeshinarburr. Eatniii 1081 11) Go. d0.......N0.1.5341 t Norwich 17 Do. de. ...... .... 77 - .16r/ef.&E' Old. 16 Do. do . . •• 31 46. 1 Carlialo.' 74 1....1,.. i'iiiti I do !skl'ork4A 4 1'..., Vak Exteoia, 71 174 nu m,' Ilaveo. Dd. tilit 57 ... ,v.,......„. .. 0 .. , ... „. .. :.: . 1 36 W IB,I ,SooL. &N.M.' WU 2.i.d. 41 Wo. oi.ssokes. Woo.' &a York. New... A 11vr..181 I) Do.or.x.Newr&har 64 i 2:, IfroASODOlsrure4., 1., DotitNol YklAir 2 ,ILlJeSitv to Dodo:. trIN greslkr, i , 0(14'665 , Do..N ) ,Puror Ile 0 i I.l.llrion. 31d. "I; ,Yu kk:Surtol.lan on& W 70 e,.,1 10 Lk.. I'n:fere-too .... 4 io. tra... . A B2 3134 .14 I NJ. K.:: W. ht.. ea 81/ 4;I 1 , 01.11,N ICAILIVATS. iiiir/Vra ' .lll 11/ : ~ 0 re..,31., 6, Ai - mm.l,lNi tirrfford. Id. pit 14 .C....0f From Or&l'mrk Mint 18164. 5 I th,rrar.l . ... ...... : .. p. 7.... ei 7 1: 14.1 7 1 6, Der ,. /c ,... hif . /10 7. 4.1 . .... 1 : ti. /. ~. Munch I Loseoaoor3, . .., . Id • & 1C../w 5 4,0r , 1•.1rap0 , C0.;/•!31/. ~& 5.04 11 4 4 . 11 N ortham rnod Llv) ...* 31aokwatl lu Nof r rasa . 1 111 ~ ~.No.l 141. I; .1r:o.“o• 0 trunks. .. No. I. 11 1. 44 (For Tart .. -.• • • l l4. ,012, F.C. 4 .144 1 Jr I Yuri', and LOllll ....'' EigAihs. 11 6.1. r. .Parle and 64.tru .' 14 .r5p.(7 2r, 'Parr/ and Rumen ...IR 34 706.Z.0.4). , P.r1.4.15d 0tr........u0tt o I: ourm and ILLI re ... 1 i 31 t arr Di 1,,.,,, , re :sod ) 1,..u..e. 1 . / 0003. ~ i 104 ~nd 11, - ~to .. 441 4 . xi' ovule IS 71 8 '4 11,, ' FLD.doo, .. 4 *d. .13.-NoTI&M, 1:71 ; Glozroits. Ill: Van /le mad Nag 78/ ; Pul a . ne N 6 6A6. eS . APP 4 .44; 444. , ...,...,. ...... 1 1 et Itioni a =r ii r eurordlass d On ow Istramdka. Lisperick, Dt. C. ilart. 11,1 1 • la" "ow NA nt. I 5a...... lim, 0111.1111 OINNoo mod W. Is No. 9, Gru 1199 .4 014 1 I KW taw. R. L. Num. Boa. FA Q " , ] 5 . ... ray =We I IMPII. Amain:bill dl/1* Id ... J. wok muft l is 1 ..,.. as Aim. •No 4 11 1 •... ....o h lt.o• kg.. 1 1. ., Nt4.ot*.. o, * MlAm I 1 • 1