The Express. — London, England, 1853-12-23 00:00:00

LAKE 1;.11111 C -11 s OMPAT GOLD MINING NY. Yte:erdar a meeting of shareholders in thie com erpaas. held at the London Tavern , " for the purpose of ions'id e r.ez the propriety of taking legal er other proceed : „ m i n g the director* or coecoctors of the concern." lit D. 6 I IVALLA, "thine Seine was attached to the advet ussient calling the meeting, was called to the chair. The Cit•ltte AN isiel that since the meeting had been ad vertised, he bed received a mass of letters relative to the Len Bathurst Company, a few of which he thought it would be well to read to the meeting. Mr. Charles Manley, who held 400 share', wrote to him from Brighton to say th o le w ould hear his share of the expenee is Winging t his nest disreputable company to task. Another gentle mot the owner of a hundred shares, wrote to him from Beading In the same effect. Mr. Sodden wrote to him from Lenin to the same effect. He had received a number Of knees from other shareholders which he would not trouble the meeting by reading. One of then gentlemen wrote to the directors for information on the subject of the corn' p o sy, but the answer weigh he received from Mr. Boyle was that information respecting the affairs of the onspoey must be enticed to the registered shareholders. Now he (the chairman) believed that there were not twenty registered shareholders amongst the seventeen gold mining companies, and he would recommend the shareholders in this company not to register their sham lest it might subject them to some liability. He believed that the case of " Harvey r. hoe," which was reported at length in the Daily Nests and other newspapers of Saturday, was steno picture of the mode in which then gold companies were got up, though this company was an example of the worst kind. The chairman then read the report of the trial, and the remark* of Chief Justice Jareae in reference to the case. The language of the Chief Justice was strong language, but not stronger than the occasion required. He (the chairman) was resolved to speak out, and to call things by their right names. There were four directors of a company who bought or professed to have bought 500 acres of land in Australia, &append to be auriferous, for which they gave 40,000 shares. Two of these afterwards sold it to the other two, and those two received .5,000 shares each on the trans action. Now it wee his belief that the land was not worth Penne. Nothing at least was known of it, and no one had gene out to Australia to snake ray inquiry about it up to the present time. It was one of the greatest frauds ever palmed on the public ; he did not think there:could he au toad opinion on that subject. Mr. Begshaw and Capt. Denny, two of the directors, had been allotted 500 shares each, but be must do them the justice to say that they had not accepted of them. He believed those gentlemen were in volved in the transaction only thus far—that they had lent their names without sufficient inquiry, and it was on the faith of such names that the public advanced their money. (Hear, hear.) The other directors received 6,010 shares each as their share. In cases like the present it was difficult to come it the real facts, but he was determined to search them out, and with this view he had written a letter to the chairman end committee of the Stock Exchange, which appeared that day in the Daily Noma, • journal that was characterised by the fearlessness with which it lent its columns for the protection of the public ie matters of this kind. (Hear.) Mr. Webb, the Secretary of the Stock Egehange Committee, wrote in reply to say that they would afford every information in their pow( rto facilitate all necessary inquiry. In conse quence of that letter he went that day to the Stock Ea change, and examined every paper relative to the Lake Bathurst Company. He found that on the 16th of April, 1811, application had been made by the Lake Bathurst Company, through their secretary, to be put on the official bet. They stated that out of 100,000 shares, 440,711 had been issued to the poor unfortunate public, 19,289 were reserved for Australia. The remaining 40,000 shares stood in this way. The company made • re servation of 40,000 shun for the purpose et sem pitting the purchase of the land, etc., as agreed spa with the vendors, and which shares were to remain in the beads sad sailor the control of the direeten to be applied M time wpm only. Those 40,1100 shares remained, there into, M the bands of the directors to test the value of the KO owls in Australia. They had pas into this ninetie th% therefore, without the land having been tested. He lellseed the 600 acres were not worth 600 pence, at least elleideb had so written to this country. It was their bounden dung, therefore, to investigate this transaction from begin single end. (Hear, hear.) No doubt there were some innelezat parties mixed up in the transaction; and a die. ibenien was to be made between those that sheen in the plunder and those who did not. They bad it on the authority of the Stock Exchange book, that 40,1'11, shares had been honed to the putiltc. yet ke was creditably informed that only 7,000 shares had line issued. It was impossible to say how many were based. Ile stood there, not as an original shareholder, hut ma shareholder by purchase, and it was possible that he was • purchaser of some of these 40,000 shares which had bees palmed on the public—no one Gould say at what price. Then were things which required to be brought out by in vestigation, and in his opinion, after giving his beet amen- bee to the @abject, it was • case either foe the Mansion. bens er the Old Bailey. (Hear, hear.) They should not suffer themselves to be plundered by • fans issue of none. The amount of assets would, he believed, be found to he very mall. Mr. Dagebaw and Captain Deasy called s him to say that they would be ready to ee every ioformetion in their power by which the ends of jmDw might be furthered. The lees to the public Flom treneectioos of this kind was MIerROUS. And there woe little satisfaction to be had, for when the delinquents were (nod out they ilimmped to Boulogne or to some part *flinty. Ile believed that this matter must come before palisinent, for the public had • right to be protected from weft frauds. This subject was suiting great attention, isi it was the duty of the shareholders by malted action inapt themselves to protect their own interests, as for as thry could now he protected is this particular case. (Hear.) Mr. Limn° said that after the report of the trial in the papers, and the statement of the chairman, it would not be Melleary for him to do more than propose • resolution to the effete, that a committee of five shareholders be ap pentad to investigate the circumstances attending the formation of this company, its financial position, and present and feture prospect., with the view of taking such steps as might be deemed advisable for recovering back if possible the money paid by the share holders or of winding up the concern. Ile deemed it right, however, to mention that he had that day received a letter from Mr. Barterer. stating that he hoped he might be the int called on by the'entotittee of investigation to eeplain what he knew. (Hear, hear.) Captain Denny, he be. hewed, would be ready to act on the committee. (Heat, hear.) He had also received • letter from Mr. Boyle, dated the 224 of December, stating that the fact of the meeting having been brought under the notion of the hoard, they were unanimously of opinion that it would be den rakls to fix the guilty parties with the consequences of the treed alleged to have been committed on the public, and in order attaia this end, he (Mr. Boyle) would be happy to confer with the committee that might be appointed. Now he (Mr. Ludo) thought that as the name of Mr. Boyle was mined up in ao very favourable way in the transaction, it would not be right to accept of his services. (Hear, hear.) Captain IneNNY admitted that it was not creditable to either Mr. liagshaw or himself to be mined up in any way in this transacti:n; but it was some excuse for being found in the direction of this company, that whes they were invited to become directors they found the names of Sir E. Belcher, Mr. Benin, and Mr. Bell, already on the list. The company was formed about Minh, 1861, and its round week was a letter written and signed by Mr. Langley, of Sydney, wherein he described the land to he of an sun ferois quality, and advised his friends to buy the land at any cost, for it would De a fortune to all. It was said to have gold in eight different places. Let them recollect that this information came at • time when the gold fever was at its height, and when it might well be supposed that the information was correct. Under these curcum shun they did allow their names to be used as dinners, MO* Its their regret since. (11909 r, hear.) They little titthen that Sir E. Belcher was one of the perms rumbaed the estate. They parted with the 40,000 shares Against his positive protest and that of Mr. Begeltaw, bet they were outvoted at the board by the edam directors, Mr. Iron, Mr. Bell and Mr. Bevan standing in the relation of father and son-in-law to each ether. He believed the shares were taken out of the box by Bell and Bevan, without any one else being there at the time. Two months had not elapsed when they suspected that the whole letter said to be writ ten by Mr. Langley was • forgery from beginning to end. Matthews was the party who received or said that he reo iced it. He wished to tell the whole truth, and confessed that he was 'named of the position in which he stood before the public. (Hear, bear.) They endeavoured to get back the shares from Bevan and Bell, Sir Edward Belcher having gone abroad. Inn promised to return the shares ; he old return 12,630, not into the hands of the company, but into the hands of hi- father in-law, Bevan, pending the necessary inquiry as to who wee entitled to thew Ile promised to get 12,000 more, but be never did. Mr. Bell continued to sit quietly at the board. Mr. Begsbew and Mr. Boyle consulted as to the Map to be taken to get back the shares. There was •di vision in the camp, and the result was, that Mr. &gnaw retired in disgust. Mr. Bevan retired a month before. He (Capt. Denny) remained, thinking that, as mum bed be. some so bed, be would beet consult the interest of the share. holders by remaining at his poet. (Hear, hear.) He be lieved that there was 6,0001. in band, and that not more than 7,000 shares were issued. The CleAterlArt—How could that be whoa be had it ea the authority of the Stock Exchange that 40,711 were Issued, and the Stock Exchange would not be seti.fied by the mere issue of the share., unless they were paid on, and the money placed in the hankers' hands ? (Hear, hear.) The fact that th, v put the compsay on their official het, showed that the shares were paid on. But this wee sae at the points that assist be inquired into and expleined. Citettate Des tee 40,000 shares were never paid ee. There might be 8,000. Mr. Bephew and himself dil everything they could to set matters right, but they fused so many crooked people to deal with that they were not able to make much progress. They scorned to receive • eingb share eennee•ed with the company, and were anxious tepee every information in their power. Mr. flares said that the shareholders were much obliged to Ms. Ueedello for the interest he took in this matter. (Hear, hear.) When they found it stated by a director tba maw wore but 7,000 or 8.000 shares bested, whilst, accord fag to toe Sock Exchange, there were 40,000 issued, it required bat little foresight to see that there meet be fraud somewhere. (Hear, lair) The Stock Exchange did not THE EXPRESS, FRIDAY EVENING, DECEMBER 23, 1853 IRELAND. Drsure, Dac. 22. Mr. John O'Connell was yesterday declared duly elected to represent the borough of Clonmel, no show of opposition, as it was anticipated, having been made by any party. The hon. gentleman, who was pro posed by the Very Rev. Dr. Burke, P.P. and seconded by Alderman Hackett, J.P., declared pre vious to the formal announcement of his election by the mayor that he had in no way adopted the opi nions or pledged himself to the policy of the Tenant League deputation, and that any statement to that effect made in the Dublin papers was unfounded. The policy which he would pursue, and the only principles which he would recognise, were those of his father, the late Daniel O'ConnelL Various other speeches were made, but the proceedings were at tended with no popular excitement. The case of Dowling v. Lawler was resumed yes terday in the Exchequer Nisi Prior Court, when Mr. Martley, Q.C., addressed the jury in an eloquent speech for the defence. The learned counsel thus ex plained the circumstances of the case. He said, . The present issue was, to a certain extent, of a mercan tile character; but the transactions which took place at the elections of Carlow, in July, 1852, were not very distinctly or directly connected with the matter which the jury bad to detertuine. It was important to consider that this was not a simple action. It did net assume the s h ape of an or dinary mule as between plaintiff and defendant. The trans- I actions out of which this inquiry arose took place in the months of September and October, 1852. Edward Dowling, who is entered in the record as plaintiff in this issue, was arrested under an execution issued on • judgment executed by bins for 7001., and which execution was snacked fur the suns of 3501. Notwith standing that it was alleged that this arrest was for a ficti tious debt, 1. stood beyond all controversy that the gentle man was arrested for • just debt. The jury were not canc.l on directly or indirectly to try the circumstances of that arrest, of whether it was a rightful er • wrongful arrest. If it were • wrongful arrest Dowling bad his remedy ; and he (counsel) had to say that be had taken his remedy. The circumstances of the arrest were to be made the subject of • substantial action, on which •jory would Le euabled to give Dowling compensation it he deserved it ; but this was not for the consideration of the jury in the present case. lie would not say that, if the liberty of the subject were violated by any one, whatever were the demerits of the plaintiff, he was not entitled to compensation ; but on that subject the jury neither could nor ought to preouunce an opinion. If they were swayed by the statements of the plaintiff's counsel, the jury would be committing a monstrous injustice. He thought that all candidates at an election either had or ought to have not only that sort of conscience which Dean Swift speaks of as having an expansive character, but also they *tight, end perhaps they did, enter into a contested election very much in the spirit of Fag in The Aiwa. It was unfair to pre occupy the minds of the jury by such a statement as that made in the opening of the case, and bringing such wit- Gems as Mr. Roe to tell them that he was engaged to carry off the voters. Such things were always contemptible, aid beyond all doubt such ea took place in every election. Compel for the other side had endeavoured to throw up to the jury-box all the disgusting proceedings of that election, in order that the jury might be deceived, and visit their disgust on the party who had come to ask their opinion on transactions utterly unconnected with the real question. At the election of Carlow Dowling was expected to play a conspicuous part in favour of Mr. Sadleir. He, how ever, changed his opinion, as he had a perfect right to do, but it was a suspicious circumstance, as up to the month of May be had been a stanch friend of Sadleir'a, he having given a dinner party for the purpose of advahciag that election. Crotty was his intimato friend and bene factor, and he accommodated him with his name on a bill. It was now put beyond all dsubt tbst this gentleman at the time was indebted to the bank for 2501. on the bill on which Crotty's name was; that be was otherwise indebted for 5001.. and that he owed other persons to a large amount; and this was a quiniffitatien with which he entered into • contested election. lie passed a bond to Crotty, and • judgment was marked on it without any stay of execution authorising the issue of it instanter. In the interval between the entering of the judgment and the execution being executed, a letter war written in reference to the bill of exchange coming due, and eying a just right to Dowling to sue for the amount. He admitted that the execution was iseued before the bills were due, and Dow hog was discharged from arrest, not because there was r.o debt—not because the transaction was a sham or a fiction, but because the bills became due; and he was ar rested • second time. A considerable portion of -he ease rested on the swearing of B. Dowling himself. The law now allowed a party concerned to come forward to swear to his own case. The old professors of the law were of opinion that to allow • litigant party to sustain his own ease be his own oath war contrary to sound morality. It pat • Ma's COOPCitHea and integrity in too direct and coo dangerous • conflict ; and out of tenderness to human consciences they retused suitors an opportunity of yielding to that tempta tion. Of late )ears • different principle had been adopted, and parti,ll were now plat forward for the court and jury to determine from their conflicting statements as to their re spective rights. It was a dangerous experiment. Many bad disapproved of it. When a pelts*. steno forward to gain credit on his own oath in his own cause, be sbould be shown to be clearly above all suspicion —his testi mony should be consistent with itself, and his sworn state ments should have probability. It was tho duty of the jury in this and in every other case to scrutinise with peculiar severity the testinsimy of those who come forward es their own behalf. The unworn statement of Crotty, in reference to his (Crotty's) offering Dowling, if be would vote fur Sadleir, contrary to his conscience, to discharge him from his liabilities, and give him a sum of 3001., was, no doubt, an important circumstance. If the jury believed that it was of the greatest importance to Dowling—if tney disbelieved it, what became of his evidence ? He (counsel) would show the jury that, whatever might have been Dow. hog's merits m a patriot, or his skill in a contested election, he was not to be credited. Dowling might be a patriot ;he might be capable of resisting a bribe, but in this case be could not he credited. If that were the case, what became of the declamation of his counsel on the subject of purity ? Dowling's bill became due, and he was arrested. The real question to be tried was that the judgment obtained in March, '52, was in force in September for the purpose of compelling Dowling to pay the debt to any one. The Court of Exchequer directed an inquiry, which he (counsel) thought to bear bard upon the defendant. lie could not state what Crotty swore on the motion before the Court of Eachequer ; but he bad • right to sate that Crotty made an affidavit resisting Dowling's application to be discharged. The most important part of the 'tumour testimony of Crotty is the arrangement made between him and Dowling in reference to the judgment. As there was a difficulty in this portion of the case, he (outsell called attention to what D twling swore. At the time be gave the judgment he owed to the bank nearly 1,000/. The whole of the case depended oa the truth of his statement relative to himself and Crotty. He said that he amnged with him that if proceedings should be taken by the hank Crotty was, by virtue of the agreenuat, to get into receipt of his (Dow ling's) ronts,and having got into receipt of them,he was by his own funds, or by those rents, to pay the bank. On this pedal there amid be no mistake. It was repeated over and OM again. He swore that if the rents were to be given up, the execution was not to be lined. The jury should re member that the case was brought upon them on the footing that the judgment was given as collateral security for the bills; and that as the bills were not due, the judgment should not be enforced ; therefore, that the execution was illegal. Compare that with the statement made by the plaintiff—that the only purpose for which the bond wan passed was to cover and protect his property from proceed logs by the bank, and to enable him to effect an advanta geous arrangement with his creditors. Mr. John Sadleir, M.P., was then examined, and his evidence and orow-examination occupied the court for the remainder of the day. John Sadleir examined by Mr. J. D. Fitzgerald—l am the gentleman referred to in the first issue. I was • cud date for the borough of Callow in 1852. I know Mr. Ed ward Dowling. I was a shareholder of the Tipperary Joint Stock Bank. I am not a director of it. I war a director. Mr. Thaddeus O'Shea was i n no way under my control or direction I never applied to Mr. Daniel Crotty to put the bond in execution. I did not myself apply. nor did any other party for me make the application. I did nut authorise Mr. O'Shea or any one else to apply to Crotty to give op the bond or give me control over it. I never agreed to release Daniel Crotty from the two bills (1501. and 2001.). I sever authorised any one to enter into any such agreement. I do not know of any person on nay behalf ' professing to act on such an agreement with Daniel Crotty. (Bond handed to witness). I bait in my possession before. 1 remember the day I got it. At the time I got it I was on my way from Dublin to Carlow. My business to Dub ho had nothing to d• with the bond or the judgment en tered upon it. I remember on the occasioa of coming (ruin Dublin to Carlow that I was met by Mr. Dempsey, Mr. Crotty, and Mr. Ed. Lawler, and to the best of my recol lection I received this bond from either. 1 can't bring to my recollection whether Daniel Crotty and Edward Lawler joined me at the railway terminus, or went on the car on which I was travelling from Mr. O'Shea's. The circum stance of whether they joined me at the station or got up on tht way, has not impressed itself upon my recollection. I had n seen the bond before it was given to me on that day. Bt fore it was given to me I never made an ap pllcetioo fur it. I iudirectly, to Mr. Crotty or any other person, that I should he at liberty to use the bond for any purpo)e. When the bond was given to me, a di rection was given to me as to what I should do with it. I think the three gentlemen whom I have named spoke to me on the subject. I think Mr. Denney said to me it was the wish of Daniel Croety to put this bond in . force against Dowling. Mr. Edward Lawler was the second party to speak to me, end he spoke to me at the platform of the railway station. He spoke to me to the effect that ' Daniel Crotty was anxious that execution should issue ' against Edward Dowling on foot of his bond debt, and he bed to req ust that I should take charge of the paper, and I have it entrusted to some Dublin attorney to put in force, as he did not wish to employ any one in Carlow, lest it should come to the ears of E !ward Dowling, who was keeping out of the way. Dr. Crotty was conversing with some people on the platform, but after I had got into the railway carriage my recollection is that then for the first time Daniel Crotty came no end said, " I hope Mr. Sadleir you will tell Mr. Morrogh to attend to my bug nese, and have Dowling arrested." The train ass about to move at the moment, and I merely replied that I would take care that M r.Morrogh should attend to his business, or have it attended to. I was not aware of the existence of the letter of the 20th of Jane until some days after Mr. Dowling was arrested. I merely heard of the letter. At the time the bond wu given to me I had not heard of any of tl • circumstances under which it was paned. When Leveler spoke to me about putting the bond in force, I said, " I presume the money is due," and Lawler assured me that 1 'it was. I went to Dublin. Lawler did not go up with me. Before I got the bond I had not made any arrangements with any of the gentlemen I have mentioned about it. I was obliged at that period to go to Dublin frequently, and it was my wish to go away from Carlow as quietly as pos sible. Lawler was not to follow me, and did ant do so. No one stated upoa that occasion that Lawler was to come to Dublin. I brought the bond to Dublin. I gave it to Mr. *mesh as soon as I saw him after my arrival, with di rections in reference to it. I had nothing further to do with the issuing of the execution or the arrest under it. I saw Edward Lawler in Dublin that evening, between eight and nine o'clock, to the best of my recollection. I had arrived in town between lour and Ave o'clock. I did not give any instructions to any one in reference to the arrest beyond what I mid to Mr. Divrrogh. I have heard Mr. Edward and Mr. Michael Corkoran named. Neither of them was myaientTi 11 .4 no instructions to either of them in reference to the writ. I saw neither of them be- fors the arrest, Mr. Edward Corkoran is a connexion of Murrugh'e. ^ He is not. and was not, an agent of mine. I I had nothing to do with the bills (3571., 1501., and 2001.). did not even hear of the transaction till very recently. I had nothing whatever to say to the second arrest, nor with the issuing of the execution in Sept., 1852. I was in Csrlow upon t'se nomination day. lam not aware of the a Dowling having taken place is my presence. I did not bring or send down the writs of elocution. I did not take any part in the proceedings subsequently to my giving the bond to Morrogh. I saw a person of the name of Malachi Fitzpatrick. He was not employed by me, nor by any one with my authority. It is very. hard for a candidate to— (winnow was here stopped in his evidence)-1 was anxious to add, in justice to Mr. Fitzpatrick— Kr. Whiteside—l object to Mr. Sadleir's doing justice to Mr. Fitzpatrick now. (A laugh.) Witness-1 have no recollection of Mr. Roe being intro duced to me by Mr. Fitzpatrick, but so many were intro duced to me in Carlow 1 cannot undertake to say that he was not amongst the number. Mr. Roe had no authority ban me to act. He was not employed by me, or by any person having authority from me, to remove a voter. lam aware that a suit was instituted at the instance of Dowling against Crotty on foot of this arrest. I did not, nor did any other person with my authority, agree to indemnify Mr. Crotty for that action. 1 did not agree to iodemuily Mr. Crotty from the consequences of that arrest, nor did any person on my behalf, or with my authority do so. I wish to add, that I was even applied to on such 'subject. I never stirred to indemnify Crotty from the consequences if he placed the bond in my hand, nor did any one with my direction or knowledge do so. I have two bills for 15d/. 1 and 2001. before me. No one with my au th ority ever agreed to release Mr. Crotty from these bills, or either of I them; I never authorises Crotty to offer Dowling a sum of money in consideration of his voting fur me. No one upon my behalf or knowledge ever authorised Daniel Crotty to make that otter. Mr. Lionised Morrogh is an attorney ; but if you mean that he is a partner of mine, he is not. He was not an agent of mine at the electi n. He was not there at all, that I can recollect. He did not go to Carlow after I gave him the hood. He did not do so to toy knowledge. 10 my knowledge Mr. Morrogh had noth.og to say to it after the execution of the writ. If lam to tell Dry surmises Or conjectures, I will tell them. Mr. Whiteside—Oh, we have our own surmises. Cross examined by Mr. M'Donourth, am upon the roll of attorneys, bat have not taken out my license. My house is in Denmark street. Mr. Leonard Morrogh lives there. He is my wound cousin. He has lived there 1 years. I think ten or twelve years. I know a clerk of the name ofJohnson. I have heard that he was examined. He was not in the employment of Sadleir and Morrogh. Ito was never my clerk. I never paid him any money. I cannot say whether any portion of my money has gene to him. Has your money, or any part of it, gone towards defraying the expenses of that establishment 2—lt has. When I ceased to practice as an attorney I handed over" the goodwill" of the establishment to Mr. Morrogh, and I hare from time to time supplied him with money to assist him in his pro fession, nod I have no doubt the money has been applied fur his professional purposes, and in paying every Saturday evening Mr. Johnson and all the persons in Mr. blur rogh's employment. I think in 1849 I ceased to pay my license. In 1847 I entered parliament. I think my license was taken out in 1848 to carry on some law iroceedings in m name. It was done without my knowledge, y but I never repudiated the act. I don't know whether it was done by Mr. Morrogh, but I make no doubt It was. I will not swear that "a man does Limselt what he does by another ;" I don't know that I ever heard the maxim, but I understand the principle; I did not authuri.e Mr. Morrogh to issue the execution; what I did say to Morrogh was, "Daniel Crotty, who is an elector of Carlow, and a great supporter of mine, has the bond, end as I was coming to Dublin he han..ed it tome to request that I would have you to attend to this business, soil he is anxious that execution should be done upon the body of Dowling, and that you should have him arrested. The course for you to adopt is to place the matter in the bands of an intelligent attorney, who will SZIOSill• the roll and see if ha (Crotty) is entitled to issue execution against Dowling. It will In necessary to issue two executions—one to the Queen's County, the other to Car low, because part of the town of Carlow was in both coun ties." That was the substance what I said, pointing out to him that it would be necessary that the judgment roll should be inspected ; and I added that men frequently thought themselves in a condition to issue execution—a right which did nut exist either for a stay of execution or from a defea sane." 1 authorised the execution if it could be legally issued. Dili you nut give boors an absolute answer I—Yes; I un derstood you to mean tbat I gave Mr. Morrogh absolute directions without any conditions. I understood your ques tion to be absolute, unconditional authority. I directed Mr. Morrogh to employ an intelligent attorney, as I have told you. (Witness here said that another motive for searching the roll was to ascertain if the judgment was not a year old) It appeared that the examination of the judg ment roll was the first step to be taken. I did not point out to Mr. Morrogh any specific inquiry. I can't say what day of the week or month I told Mr. Morrogh to issue the two executions. Mr. Pierce Power is not in my employment, he is in Mr. Muriogh's employment. I have not been served with a summons to produce my books. I knew a clerk named Edward Wall. Ile was in Mr. Morrogh's employ ment in .852, and I presume he was paid by him. I receive five per cent. for my capital invested in the establishment— nothing more. I don't participate in the losses. Mr. Mor rogh pays the rent end taxes of the house. When I come to Dublin I can stop in the house. I use it as I would the house of a rele ire or any intimate friend. I don't know where Mr. Morrogh now so. I left London on Se tiarday last. That was the last time I saw him. I met him by appointment at the Reform Club. He was in Lon don, and so was I. He bad not come to London at my in s ann. I don't know where he is, bat I think it is very likely that be is on his was to Dublin. 1 know a man nand Rorke. He had been employed es my agent. He ceased to be so about five years ago. I knew Mr. Dowling in '47. He sustained me by his vote and We nn at that election. He was very active and useful. I dea't•kuow that he had any Minna, over any vote but kis own. Major Lsyard was my opponent at that election. In 1852 I became aware that Mr. Dowling would not support me. That was told to me. I can't say that it wee Edward Lawler who told it to me. I can't say whether Mr. Dempsey told it to me. It was told to me by several. It became very generally understood a few days before the election. I understood that he wrote a letter, and pub lished it in the Carlos Sentinel. I do not know that Crotty and Lawler went to Dowling to solicit his vote. Edward Corkoran was not my agent at the Queen's County election, nor did he get money from me to disburse. When I got the bond my opinion was that Mr. Dowling would not vote fur me, but he never told me so. week before it was generally supposed that Dowling would not support me. When the bond was brought to me I wit on my way from O'Shea's house to Dubin. I stayed with Kr. O'Shea during the election. I was acquainted with all the liberal party in Carlow Mr. Dempsey was interested in the election. I believe that every person in Csrlow was interested one way or the other. I did not receive the bond as the attorney for Crotty, but to employ an attorney far him. I was not desirous to have Dowling arrested before the voting day . , In saying this, I wish to convey to the jury that I have no personal desire or feeling to have him or any other man arrested, but I did feel, having keen desired by Crony to have an attorney employed to prosecute his rights, that I did not feel indifferent to the interests of Crotty. I did feel interested for him, and anxious to have his legal rights en forced, and that he should obtain the 7001. which I firmly believed was honestly due to him. I did not desire Vat he should not be arrested till after the election—and as I can eeive that the same question has been put to me in another form, I wish to give the same answer that 1 before gave. My desire was to obtain his legal rights—and I conceive that if I, as a candidate, took steps to imprison au elector, and praveut him from voting tiniest me, I might, in all proba bility, nein a very strong feeling against me, and I think very justly so; I think the effect of the arrest might have been to prevent him from voting, but I am not quite sure of this. I thought that a voter taught have some privilege to enable him to vote, though arrested. I believe the execu tions were issued to arrest him upon the earliest opportu nity, and that the greatest chance Crotty had of obtaining his debt was that the arrest should take place before the nomination day. I believe, if he bad not been arrested before the polling day, he would have been arrested after he had voted. I believe that the parrot which Daniel Crotty had was to obtain payment of his debt ; and that, in the event of his not obtaining it, he should remain in gaol. 1 have told you what Daniel Crotty's purpose was, and my purpose was the same. Ile bad acted in a very friendly manner to me, and I did think that if he (Dowling) were arrested the debt would be paid. 1 did not wish to prevent Edward Dowling from voting by any illegal or improper muse. It was my wish to prevent him from voting for me by legal means, and that was my wish .in reference to every voter in the town of Csrlow who I did not think would vote for me. It was my wish to prevent Edward listing from recon'ing his vote by every proper means, because from what bad been stated to me I bad reason to suppose that be in tended to vote against me. I have already stated that I took means to procure his arrest. The legal means I speak of were not taken to prevent his voting at the electien, and I request you to receive the answer with the same explanations that I have already given to the same question. 1 did not know that the :ills were in the Dank at the time. I had no knowledge of any of the circumstances connected with the bon further than what I have already told you—namely. that I believed firmly that 7001. were due. I had heard that Dowling had passed his bond to Crotty for the penal sum of 1,400/., on which 7001. was due. I thick O'Shea told me this. I can't say this was told after I un derstood that Dowling would not support me. I think it was • few days before the nomination day I was led to be lieve that Dowling would vote against me. I would not undertake to soy that I heard shout the bond before O'Shea stated to me the fact of Coo ty having Dowling's bond. I think he said that Daniel C.otty was very in dignant at the idea of Dowling's going against me, that he had a bond molest hint (Dowling), and was very likely to enforce his debt. I do not recollect any communication about the bond from the time that , O'Shea spoke about it till I got it in Carlow. I think It very likely if • candidate had ted a person to pre vent him from exercising his vote, the HOW! of Commons would resent it at • breach of their privilege. When I gave the direction to Mr. Morrogh, I Emily believed that the sum of 7001. was due to Mr. Crotty. I heard of the motion before Judge Crampton. Mr. Mulhall conducted the elec. non fur me. I did not know that it was Mulhall who, on the 12th of July, placed the writ iii the hands of the Sheriff. Was in Galway when I received a eso.muoieation to say that a motion had been made before Judge Crampton, that my name was mentioned, and that Judge Crampton stated that he could not hear any explanation or affidavit from me. That he had nothing to say to me. My attention was called to the Dublin papers. I don't remember having declared at the last election for Carlow (1633), that 1 had taken no part and done no act in the arrest of Dowling, but I would not have had any hesitation in saying so, and I say so now. I would have had no hesitation to declaring on my honour as • gentlemen that I had no part in the arrest of Dowling. I had no hing to conceal. I think it was from Mr. O'Shea I found that the bills had not reached maturity. It might have been front Mr. Vigor.. lam not aware that my money went to pay the costs of Thomas Mulhall. You call that my money which I give to Mr. Murrogh. 1 did not directly pay Mr. Mulhall any money. I don't know who paid Mulhall. Iwi l not swear anything about the application of the moat) , which I give to Mr. Morrogb. Crotty did not give me say money to bar execution upon the bond. In giving the bond to Mr. Morrogh I told him to haze the matter taken up by some attorney, who would see that the wishes of Mr. Crotty were carried out. lie (Crotty) expressed • wish that Mr. Morrogh should attend to the business. lie was really maims about it. I did employ Mr. Morrogh, bat in the manner in which I have stated. I did not know that the certificate and the execution were filled up is the house id Denmark-street. I have already said that when I put the matter into the hands of Mr. Morrogh I had done with the transaction. 1 never tried to get Dowling out of gaol. I would not do it. I would think that to arrest a man who did not owe a farthing of 7001. would be • very immoral act, provided it were done knowingly ; and I did not interfere in the dis charge of Dowling for fear it might be supposed that I wished toshrink from any responsibility, or shrink any con sequences. If it were not for that I would have been very glad to have interfered, and would have done it from • recollection of the manner in which he supported me at the former election. I had a grateful recollection of ' his former services, as I have towards every man who supported me. I had a feeling of gratitude towards Dawliag when I handed the bond to Murrogh. I don't think it was • deep feeling of gratitude, but I had a grateful recollection of the interest which Mr. Dowling had evinced in my favour at the election of 1847, and if a legitimate opportunity presented itself, I would have shown that I was nut forgetful of his services in 1647. 1 know that Crotty is dead. An action has beta brought against me to get damages for an illegal arrest, but I don't know that it is for 'conspiracy. Ts Mr. Fitzgerald—Mr. Morrogh and I returned to Dub lid to attend the trial on Wednesday last. I returned to London on the same day, and Mr. Morrogh returned in some few days afterwards. The Court was, at half-past six o'clock, adjourned to this (Thursday) morning. appear to hint to be free from blame ; nor were Mr. Bog• 'haw sad Mr. Denny to be satirtly eacinented, because they should have beets more cautious as to the persons with whom they emaciated t►eir names, for it was on the credit of such names that the public were led to invest their meaty. (Hear, hear.) The Cliklllllo4 said he forgot to mention, that imme• date!, after the trial, an advertisement appeared in the papers from the dincton, stating that certain measure* were in progress, which would be highly beneficial to the bawd lids shareholders, and that as soon as those measures were matured, a public meeting would be held. Mr. SHCIIIR trusted, as a shareholder of the company, that they would not indulge in passion or invective against men who were not there to defend themselves. The pre- Bent meeting bed been called in reference to a particular company, sad Ms did not think it was right to make anis e OMB in desgosagement of others. The company was WNW MOM oust book principle, and it was in the power ultbs ebereholdein, by going to the office of the company, NM Miming the book, to obtain as inspection of all the papers and books of the company. If they adopted that 011111*, they would put themselves in a legal position, and wield then demand ample explanations and satisfaction from the directors. He begged therefore to propose as an amendment that the directors having intimated by ad vertisement as intention of shortly holding a meeting, and evinced a disposition to take proceedings against the vendors, this meeting be adjourned till after the meeting of the directors. Captain DANNY said that there would be a bi-monthly meeting on the 2nd of January, end if the shareholders went there on that day and signed the cost book they could tarn out the present directors and substitute others in their place. He thought that would be the best and least trou blesome course to pursue. They bad been too much abused for buying this estate from Iron and Harvey, which had been recommended by Mr. Langley, a gentleman well known in Sydney. It was true he now believed that Lang ley's letter was a forgery, but be did not know that at the time the estate was bought. He believed that H was sot able to pay. Iron appeared to be a respectable man. He was sorry to see the name of Sir E. Belcher mixed up in the trannetion, but he did not think that either Sir H. Belcher or Mr. Bell were cognizant of any fraud. Mr. Lieu° advised the sbarehoiden not to adopt the amendment, because, from the way in which it was worded, there could be little doubt as to the num from which it originated. He thought they would best get at the facts by the appointment of a committee of iavestiga doe. (Hear, hear.) The amendment was then put and declared to be lost, but seven hands having been raised in its favour. The original resolution was torn pot and adopted. Captain DaNNY thought they might experience some difficulty in obtaining access to the books of the company. The CHLIIIMAN said they might get such • chain of evidence as would lead to an indictment. A committee, consisting of the chairman, Mr. Begshaw, Captain Denny, Mr. Linde, and Captain Barrington, was then appoinnd. Mr. Uanns advised the chairman not to sign the cost book, as it might give a sanction to the acts of the directors, but to go as • non-regigered shareholder and demand access to the books of the company. The CHAIRMAN said be would take such steps as he might be advised. He never would do anything to sanction the acts of the directen. The meeting then separated, with a vote of thanks to the chairman. NORTH BRITISH AUSTRALASIAN COMPANY. Yesterday, a special general meeting of the share holders of this company took place at the London T , Mr. Lowndea in the chair, for the purpose of sanctioning, and tinally—on certain resolutions laid before the proprie ton, and sanctioned by them at the I meeting on the 15th of December (reported in the Daily News en the 16t10—confirm , ng the appointment by the managing committee of Memrs.John Taylor and Sons, &sibs managers and cashiers of the company, in the room of Messrs. Jopp and Shand, reducing the number of the committee from ten to six, exclusive of Mews. Taylor and Son, who will be ex offwis members, and the election of the committee. The resolutions were unanimously inafirmed. The chairman stated that, since the meeting of last week, the committee had received a communication from Mr. . . aiTcoespany's colonial manager, intimating that Mr. Begar, the aewly appointed agent for conducting the works rt the Cawan mine, had arrived and entered upon his duties; that he (Mr. !['Kay) luny approved of the step taken by the committee in this respect, and anticipated the meet satisfactory remits. The colonial liabilities were stated to be only a few hundreds. The manager urged the impor tance of his being provided with sufficient funds to carry on the operations of the eompany, and stated that he bad oppor- Braitise of making purchases of suburban lando,which would produce a large profit. The accounts he promised to for ward by tke neat mail. After some desultory oonvenation, the meeting broke up. AN INDEPENDENT MINISTER AND TILE I'RESTON OPERATIVES. The factory Operative' at 010180 p have entered I most eathasiesticelly into the dispute between the masters sad the men at Preston. At their weekly public meetings they *swum* the names of persons who refuse to contri bute, who are represented as enemies to the working classes. TM whale body of shopkeepers are under coercion. At- My* have been made to bring Waist/re of the gospel maw es same bandage. The Rev. T. Atkin, an indepen dent MllltiltSr, having refused to ooctribute, has been fravited to a public meeting, and he accordingly came baldly forward. He said—You have a right to ask any price pen fake for your labour. Your austere have • right to say what they will give you for it. You have no right to combine against them to force them to pay your puce. They have no right to combine against you to compel you to take their offer. Each party ought to be left at liberty to act as they may think fit. Labour Is a market able commodite, regulated like any other, by supply and demand. if your masters had vacant looms, and there was a brisk demand fur cloth, if they were lookiug out for weavers, and round it difficult to obtain them, your wages would rise. Nothing would prevent it; but if, as is the case at present, weay. rs are superabundant, end many cannot obtain work—if markets, as is the case now, are falling, and manufacturers cannot sell their goods except at reduced prices—your wages cannot advance, and the Preston strike cannot succeed. Before coming to this meeting, I called upon Mr. Potter, of Dieting Vale Print • works, who is as extensive buyer of cloth, for information as to the state of the markets, that I might be prepared with facto end Agues. He furnished me with the following statement, which many of you will understand:—Six weeks ago, 26-inch cloth was selling at 41. 71d., now at es. if& ; 60 reed 943 was selling at ss. 3.1., now at es. 9d. It has b en gradually tallies doling the strike, although mere than 300,000 pieces lees have been made. G 6 and 72 7.8 sande in Olomop are lower, and the tendency is decline In price, notwithstanding that the prods.- don is so mush less. In the face of these facts and figues, which Mr. Potter will prove to any deputation you may appoint to visit him, a strike for an advance of wages must be seen to be very unwise, arid without any probability of theses.. I wish you to obtain good wages. It is my interest as well as yours you should do so, but I do not wish you to injure yourselves by engaging in a hopeless contest. I say wait until the times are better, and enmesh for an advance, when, if hands become scarce, you will be sure to get it. Kr. Atkin proceeded to show that the demand of the opera tives to settle wages questions by arbitration was absurd, as cotton mills are private property, u lab infers are not share holder., es they incur no responsibility, and do not share in losses, end that no sound principle can be adduced on which arbitration can be based. He also showed that the demand for an equalisation of wages is absurd, as men are wt equal, places are not equal, circumstances are not in all cases the same; and then spoke as follows: If your masters were to discharge any of you fur contri buting to the fend, you would raise a great outcry against them and call theta tyraats. You are guilty of tyranny in yont conduct towards shopkeepers, and practise what you would condemn is others. Your masters have just as much right to deprive you of work for supporting the strike as you have to injure shopkeepers for not supporting it. Oue of Co delegates has said, that if men will not subscribe, you have a right to punish them for not doing right. \V no ere you that you should presume to think for others, to dictate to others, to punish others? Every man has a right to think for himself, to form his own judgment, to act upon his own convictions. The shopkeepers are quite as thimble of thinking and acting for themselves as you. You profess to act and think for yourselves, and it is nothing less than gross tyranny to deny the same to others. At the ;close of Mr. Atkin's speech a discussion took place. The spirit and temper of the meeting were on the whole good,. and though now and then escited, the pledge of a fair hearing was kept. The meeting broke up after 11 o'clock, the parties amens bled having been kept standing between four and five hours. —Manchester E.:winner. A MODERN GREEK. The rood is narrow, and I give plane to my emapezion. He is • small, thin, angular man, with undecided eyes, and an anaiotu unpleasant smile always upon his face. He is stealthy and catlike in his movements. He seems to walk with mailed feet. In dram he is something like a fares idea of an elderly Frenchman of the old school ; except that he wean the red cap, or tee, which is worn by all Turkish subjects se a mark of their nationality. He has a long straight frock-coat of an nude eided colour, Dowsers, and delicate grey jean boots with varnished tips. lie has also a superluity of watch chain. Upon the whole he is a very (request specimen of the mo dern Greek. lie is not of the race of Polychronopoloa, who scudded before us on his wiry horse over the plains of Corinth. He is not the Greek of the loud voice and ready hand ; of the brave apparel and twirled moustache. Ile is unhappily of another school tar mgrs.:onuses. He is of the race which assaminated Cepo d'lstrias, and would have he ken B)ron's heart if he had lived. Who base no syni pithy with the teething and honesty of Wyse, or gratitude for the services of the brave and gentle Church. He is of the Greeks who are so proud of the ancient glories of the land they are bringing daily aad hourly to shame. Ile is of that plausible and clever race who have by turas won every statesman in Europe to what is called the Greek cause, only that he might add another to those who have abandoned it with deep disgust..Of the race who would ra ther live despised on a pittance obtained by intrigue and roguery, than make one single effort for honourable inde pendence. They are the sons of men who were opprened for many generations, of Turkish !lapilli, of 'levee. What need is there to say more, or wonder why they are so fallen ?—Dickerts's " &toehold ;Kook." UNIVERSITY AND CLERICAL. ORDINATIONS.—At a General Ordination by the Lord Bishop of Gloucester and Bristol held in the cathedral church of Bristol on Sunday, Dec. 18, the following gentle men were admitted into holy orders :—Deacons: Alexander Colvin Ainslie, 8.A., University College, Oxon; Allan Briijamin Cheales ' AL A., Christ's College, Cambridge ; Edward Cooper, M.A., Queen's Colh ge, Oxon; Ernest Adolphus Fuller, B.A. Emmanuel College, Cambridge; William John Hall, LA , Trinity College, Cambridge; Alfred Giles Hilton, V.A., Christ's College, Cambridge ; Frederick Smithe, 8.A., Trinity College, Dublin.—Priests • Henry Canberra, S.C.L , Trinity College, Cambridge; Al fred John Church, M.A , Lincoln College, Oxon; Ribert Rasbleigh Duke, 8.A., Queen's College, Oxon ; Douglas Rice Hodgson, 8.A., Clare Hall, Cambridge; William Holugrove, B.A. St. Catherine Hall, Cambridge; Ben jamin Manaus, Bela., St. John's College, Oxon ; Frederick Newman, 8.A., Trinity College, Cambridge; Edward Colnett Oldfield, 8.A., Trinity College, Cambridge; Oswald Henry Leyeester Penrhyn, M A , Balliol College, Oxon ; ' Charles Percival Phinn 13 A., Belli. I College, Oxon ; John Hughes, a Literate, by Lefton Dimissory front Lord Bishop of St. David's. The Lord Bishop afterwards licensed the following to Curacies in the diocese:—A. C. Ainslie, to Sopwortk ; A. B. Clunks, to Lechlade ; Edward Cooper, to Stoke Gifford ; E. A. Fuller, to Cirencester; W. J. Hall, to Hasfield ; A. O. Hilton, to St. Mark, Easton; Frederick Smithe, to Churchdown ; C. P. Phinn, to St. James's, Bristol. On Sunday, the 18th inst., the Bish.ip of Sodor rind Man held an ordination in his private chapel of St. Nicholas, at Bishop's•court,when John Burdon Stouts, 8.A., of Trinity College, Dublin, and William Linton Thompson, of St. Bee's College, were admitted into the holy order of Deacons. The former has been licensed curate of the parish of Braddon, the latter to the chapel at Sulby, in the pariah of Lezayre. NAVAL. ADMIRiLTY, Dec. 22. PROMOTlol4B.—Aseistant engineers: W. ;Fermi' promoted to the first class to the Pigmy, paddle wheel steam vessel of 100 horse power at Deptiord ; promoted to second clue, J. W. Carpenter, to the Creasy, 80, screw steam ship, at Chatham; and R. Wemys, to the Bashes, 2, paddle-wheel steam packet of 350. horse power, at the Mediterranean station. Promoted ' to third class, W. Severity, to the Cressy. APPOINTMENTS.—Captain T. S. Brock (1850), to the Britannia, 120, flag ship at the Mediterranean station. Chief Engineer T. Bullion (1852), to the Cressy. Assistant• Surgeon R. P. Chapman (1843), to the Banshee. Naval Cadet* D. M. Latham, H. Treeling, to the Royal George, 120, screw steam ship, at Sheerness ; and A. J. French, to the Princess Royal, 90, strew steam ship, at Portsmouth. Boatswain J. Morris, to the Cyclops, 6, paddle•wbeel steam frigate of 320. horse power, at Sheerness. Gunner E. Owen, to the Cyclops. Carpenter J. Whalebone, to the Cyclops. DEVONPORT, DEC. I.—Hie Sardinian Majesty's fri gate Eurydice, 31 guns, Captain the Marquis de Cera, arrived hers on Monusy, from Gibraltar, bound (Jr Boston, United States. She saluted the na tional flag, which was returned by the citadel, after which she saluted the flag of Sir J. Ommanney. K.C.13., which was returned by the Impregnable. Collier and Co , the Sardinian consuls at this port, officially visited the ship as soon as she came to an anchor, and on quitting were complimented with the usual salutes. The Eurydice has on board 120 men, who wiU be forwarded to Newcastle by packet to min a frigate building there for the Sardinian government. The captain and officers came on shore and paid their respects to the officials in the port. The Pros pero steamer arrived here from Woolwich on Thursday, wok in ces!s, and sailed on Friday for Pembroke. The Algiers, 90, screw ship, will be launched from this d ,, ckyard on the 26th of Jammu. The Riflemen, 8, arrived in the Sound, from Portsmouth. yesterday (Tuesday), outward bound. SPORTING. TATTERSALL'S-THURSDAY.. 1,300 to 106 apt to 25 apt Wild Huntsman 1,000 to 26 apt Corin, and 625 to 25 each (ic one bet) apt Ruby and Acrobat for the Derby, were the only trans . actions that were booked. Very few members were present. The room will be closed until Thursday next, the 2,9ih instant. SALMON IN LOCH ARD.—Mr. Ramsbottom, who is at present stocking the Tay ponds with salmon ova, has been commissioned by some of the proprietors of the &blur en Loch Ard, and the streams beloogingthereunto, to stock' them with ova.-BcoUnian. A RELIC OF TUE OLD WORLD.—A discovery of great interest to the science of paleontology has lately bees made at the gates of Constantin (Algeria), while making a cutting for the improvement of the approaches to that city, where a great pert of:the skeleton of some gigantic ' animal was found. The thigh and leg bones, the vertebra, the ribs, and, the upper part of the head, and several teeth, were is a very good state of preservation. The head is uet less than 85 centimetres from the teeth to the nape, and 48 across the bone of the forehead. The front part of the upper jaw has leng teeth, and also tusks, similar to those of a wild boar. The legs of the animal are about the size of those of a horse, and from the bend of the ribs, it is supposed that its size must have been about four times that of au ordivary oz. Its head is somewhat similar to that of the hippopotamus, and its mouth must have been of extraordinary power. No name can be assigned to this animal, but it is coosidercd probable that it may belong to the numerous faintly of antediluvian pachydermes. The ground wherein it was found is composed of a sett cal careous rock of tertiary firma ion. It is expected that the government will order some further ex :ovation* to lire in de on the same spot, which rosy lead to other discoveries interesting to science. THU NORTHERN PORTS CLOSED BY IcE.—Yester ..sy, notices were posted up at the It• yal Exchange, that io consequence of the ports of liamburgh and Buttetdam being closed by the ice, no more eteamera sill ties despatched front the Port of London to those cities. Ar Antwerp also the channel is frozen to a distance of 20 miles below that city. The teethe to the north of Europe will now to l ae place Via Dover and Ostend by the Belgian Goven j u m ut Railway. BArrEasEA.—The members 9.7. a Molds of the Literary lustitution were tot. r•,,sined on Wednesday even ' ing by a very able lect ure ;rout Mr. C. Field, on national and domastic songs. 'the illustrations were very appro. virile and ably executed. The entertainment gave great satisfaction to a very respectable and numerous eadieucc. ILaba Intelligence. EQUITY COURTS.—YESTERDAY. swim VICt•CILUMILLOIL LK FART! THE VICAR 07 HENIIAM. In this case property belonging to the Rev. Mr. Hawkins, as vicar of Henhatn, was purchased by a railway company. and the purchase money paid into court until a suitable investment in other real estate could be found. Mr. Hawkins having resigned the living an application was now made upon the petition of Mr. Belmont, the new vicar asking that until the investment should be made, the dividends noon the money in court sh.iuld be paid to him. Upon the part of the railway company no objection was made to ;his ; but they sought to have the costs of the peti tion pail by the petitioning parties, in .snitch as if the order its the first instance had been "to pay the dividends to the Vicar of Henham for the time being," this applica tion might have been spared. Mr. Giasse, Q.O , supported the petition ; Mr. T. Wood was for the railway company. The Vice-Chancellor certainly thought that ibis case was a hard one; but, inasmuch as railway comranies wero bound to pay all expenses iucidental to the purchase of land by them, he had no alternative but to order the ci.mpany to pay the coats of this petition. COURT OF QUEEN'S BENCH.-YESTERDAY. PITTIPCNI AT MIN !MI AT •tILDMAT.L.-11/YRI LOAD CAMPIMLL AND WRATHERVIELL O. CLARE/11:WT(714.-A BILL TRANSACTION. Mr. Griffiths appeared fur the plaint& The defendant appeared in person. This was an action brought against the drawer by one of the endorsees of a bill of eachange dated the 18th of June, 1853, at two months, for 37f. The defendant pleaded that he had received no consideration for the bill. From the state of the pleadings the defendant had to be gin, and called Mr. Nicholas, one of the endorsees, who stated that he had received the bill from the defendant in the °refinery way of business, and had handed it to the plaintiff, with whom he had a running account. The defendant was then sworn, and stated he had drawn the bill on a person named Lewington, in psrt payment for some work be had done fur Lewingten 50, Stamford street, Blacisfriare.road. A few days after he had drawn it he had shown it to Nicholas, who obtained a copy of it, and raid he would get it cashed by the plaintiff if the acceptor's reference was satisfactory. On the 30th of June be saw Lewingten, the ancestor, who said he could get .t cashed. lie gave it to Lewingtoo, but after some time, ss he etcetera neither cash aor the hill, he s idled at Leing er_ ton's to make inquiries into the matter. Mrs. Lewington • then Uhl him to call for the bid at 12, Newgate street. He did and saw a person named Gretorcs, who said he would give up the bill if the defendant would give him a guinea. This he had refuted, sii)ing he had nut come to buy hie own property. The next day he saw Nicholas and threatened to take out a summons to obtain posseseiln of the bill, The nest he heard of it was on the 22iid of August, _ • when he received a letter signed by the plaintiff, who is a solicitor in Bisingliall-street, stating that the bill bad been presented to the acceptor Lewington, and had been honoured, and unities the defendant paid the amount with 2e. 6d. for the noting, legal proceedings would be com menced. The defendant then communicated with the 6o- . eiety for the Protection of Tradesmen fret Fraud, one of whose officers obtained further information on the subject. The letter resquesting payment was signed by the pleint.ff as attorney for the holder. Nicholu wss then re-called and examined by Lord Campbell, who elicited from him that he was a general commotion agent; that he bad endorsed the bill to the plaintiff in payment of advances made by him ; that he had sold the defendant two freehold houses, for which be had not been paid (this was denied by the defendant) ; that he (Nicholas) had been bankrupt and insolvent, and that be had no banker. The witness was then examined by Mr. Griffiths, in order to chow that there had been various mosey transactions between him and the plaintiff. Lord Campbell requested as a personal favour that some gentleman at the bat who had heard the case would cross examine Nicholas. Mr. Prentice said he would willingly undertake the de fence, as some time ago a trief for the defendant had been tendered to him, but he had not been able to accept it, and be was not then aware of the poverty of the defendant. In answer to some questions pat by Mr. Prentice, Nicholas said he had endorsed the bill to the plaintiff, before it became due. Mr. Child, an officer of the Society for the Protection of Tradesmen against Fraud, wu then called and said he had seen Nicholas upon the Corn Exchange and off red him a sovereign for the bill, and told him they would get into trouble if it were nut given up. Nicholu replied, " that if he could get it the plaintiff should have it, for he; wcs not a bad fellow. lie (witness) said it was a shame, and they were a set of swindlers. Gretorex informed him that the bill had been pawned for 51., and that Clarebrougb might have it fur 21. Lord Campbell asked what course Mr. Griffiths intended to take Mr. Griffiths replied he should advise his client to with draw. Lord Campbell thought the learned counsel had advised well for his client. Justice had now been done. The defendant eked if he were obliged to give up the bill to the other parties who had applied fur it ? Lord Campbell—lf you have got it keep it. I shall not interfere, though 1 cannot order it to be delivered to yom Verdict for the defendant. ROBSON V. SIR JOHN MILLET DOTLE AND VI /MRS.- " RIGGING THE MARKET." Mr. Crowder, Mr. Holland, and Mr. Fisher appeared for the plaintiff; Mr. O'Malley represented the defendant White; Mr. Wood counsel for the defendants Captain Douglas and Mr. Witham; and Mr. Hodson represented Sir J. M. Doyle. The plaintiff in this case is a sharebrolter, and brought the action against the chairman and some of thee director of the Ceylon Land Company, to recover 1731. lla. 6d., alleged to be due under the following cir cumstances. The company had been formed with a capitol oh 200,0001. in 11. shares, and the shares not being sold WA quickly as was desirable, the directors held a meeting in the beginning of Msrcb, at which they agreed to a resolution wrodeby they authorised Messrs. Leathern and Tripp to buy a number not exceeding 200 shares within a cer tain time at a premium of 3a. 9d. per share, and to resell the same when they had an opportunity, so that the market value might be increased. This resolution was sighed by all the defendants, except White, who was abroad at the time, but who was said to have been represented by Leathern. The plaintiff accordingly purchased the shares under the direction of Menu. Lenthom and Tripp, and .t was in respect of his expenses and trouble in this transac tion, generally called " rigging the market," that this action was brought. An application was made to his lordship by the counsel for the defendants to amend the record, Sy allowing a plea to be inserted to the effect that this was an illegal transac tion. Lord Campbell, however, refused to do so. The learned counsel for the defence then addressed tee jury on behalt of their respective clients. Lord Campbell directed the jury to find for the defer.* dant White, as there was no evidence connecting him with the resolution. The jury returned a verdict for the plaintiff, as agairnt the ether defendants, for the whole amount claimed. Lord Campbell expressed a hope that alter toe ex posure that had taken plan, they should hear no more of the practice of " rigging the market." RANICIIN r. eARKINSON.—A. HOTEL BILL. Mr. Temple, with Mr. Millward, were cousin, for thee plaintiff; and Mr. J. Browue for the defendant. The plaintiff in this case is the landlord of the Railway Hotel, at Staines, and sought to recover 421. 3e. W., the mould of his bill, for the beard and lodging of the defendant and his two servants, and for provender supplied to the determent's horses. 'at e plea was never indebted, except as to 301., which wits paid into court. It appeared that, in May last, the defendant, with one servant and a carriage and two horses, hair gone to the plaintiff's house, and had remained there until the lith of June. He had been joined, slur l.'s arrival, by a second servant. He was at first gcni.4 away Without settling his account ; but he ul'ituately gave the plaintiff an I 0 U for 401. 16e., and went away, -leaving one servant behind him, who stayed for six weeks longer. It was elicited that this man bad been employed after the defendant's departure by the plaintiff to driving persons from his house to the camp at Chobbam, and it was contended that the item for his hoard ought to be struck out of the bill, the amount of which was also sought to be reduced by the amours% of a gig which the ds feadasit was said to have *old to plaintiff. The jury returned a verdict fur the plaintiff. ABRASSAYNT e. ItOTIBY. In this case, which was tried yes,erdsy, and reiulteil in a verdict fur the plaintiff, Mr. berjtatt Shee this morning applied to he.. lordship to stay ezecstiva oa the gruuoti that the verdiLt woe against the ev.tlenc::. es the plAiatiff was not worthy of credit. Lord Campbell said he could not interfere. to might have found differently it he had been on Ust. 3t.t this was entirely a question fur their cousitteretivn. COURT OF COMMON PLEAS.— YEsTERP •IITINW AT MAI ru::• IN LOINPON:7111a011i CUli JLIT:CE 21LIAVIS • If • •PICIA. JVILV. LEWIS V. CLIFTON, asier.-161tEACII OP CONTRACT. This was an action to tee tier damages kir a bream of contract, in refusing to allow tut plaintiff to cut and carry away part of a quantity of timber whim. Le had purchased by auction of the dtieudaiit. Sir lto . .ert Jultmt Criftoo, Bart. The defindant pleaded, ti , st, that he did not pro mise; second, that the plaintiff ass not teas y and willing to have certain et the trtts tioinbert d ; th.rL, that the de fendant permitted teiut to earl ~way the uutba• ; fourth, that the el lendant was Induced to titter int.. the contract by +Au fraud at the plaintiff: fifth, t• at the I.l:nntiff had taken other tri es in mai:lin:V.ou and tun tunny), ni tilt)* !eft; and matt., that elli- plaintiff had truthluhl.i.ly iciku son carried an:. - 3 a gnat number of tuts. The Attoiney-General, dlr. Gray, and M-. title, ap peared for the plaintiff; and M. lfwrteal,i swat t o t p James, Q.C., and Mr. Mau kit,, wess , e...ahar ~ e lier. fendam. r - ',' , n r . 2 l : .. : ' It atptared, according to the filaidAll's4dlsq Ugs4 fs .4. °mix r-ineteliant at Tip.ou, in St.alittialiga, Alla tpi is.. dant is a gentleman now about f itectr iceest bo tt • *id a few years Ago he iulittittd the ClAfftufit . . Ow i car:y part 01 1953, whilst Sr. Robert was is. ridic watt v. t: - ...,:,-,L ~,.. cs `i I , 7 4 lir -,! 4 4:1ftp c t -,.. r- p-i.. izl ti# st 1 • . • r : ~ I I