The Sun. — London, England, 1858-08-27 00:00:00

LAW INTELLIGENCE. COURT OF BANKRUPTCY.—AUG. 26. (Before Mr. Commissioner Pane.) IN RE E. LOW. The bankrupt was the landlord of a tavern in Fleet-street, known as " The Discussion Forum." This - was an examination meeting. Mr. Goddard, for the assignees, did not oppose. The Commissioner—There are no assets. Mr. Warrand, for the bankrupt, called the attention of the Court to a surplus expected on property as held by a creditor. The Commissioner—The holder of that property is Mr. low. What relation is he to the bankrupt ? Mr. Warrand—A brother. The Commissioner—And the two brothers between them have contrived to get the property of the creditors? judgment which Warrand—Mr. Law took possessio n under a which was eight years old. The Commissioner—That does not improve the matter. Credit was obtained, this judgment being pending. I . see Mr. Low (the bankrupt's brother and creditor) describes himself as a banker in Leicester-square. As no creditor in terferes the bankrupt may pass. ASSIZE INTELWENCE. NORTHERN (BeCf o RCUIT.—LITERP, AUG. 26. I re Mr. Baron Martin.) on SCOTT AIID ANOTHER V. DIXON.—THE LIVERPOOL BOROUGH DANE. ACTION • AGAINST THE EANAGING DIRECTOR. Tbis trial, on which a large amount of commercial in terest has concentrated, came on to-day, and the court was crowded at an early hour. The counsel for the plaintiffs were Mr. Wilde, Q.C., Mr. Edward James, Q.C., and Mr. B rown; f or the defendant, Sir Fitzroy Kelly, Mr. Atherton, Q.C., and Mr. Melbuish. Mr. Brown, in stating the case, said that John Scott and Robert Robinson were the plaintiffs, and Joshua Dixon the defendant. The declaration stated that the defendant was a director of a barflaWcompany, - anitilntthe shares of the company were transferable; that the defendant, intending to deceive the plaintiffs, fraudulently represented that there were profits of the company paid to and divided amongst the shareholders; that a report was fraudulently contrived and published whereby he represented that the financial condi tion of the company was souad, :and that the shares were then of great value, whereby the plaintiffs were Induced to purchase shares ; that there were no profits to be divided amongst the shareholders ; that the financial condi ion of the said company was not sound, whereby the plaintiffs lost the value of their shares, and were forced to contribute to make up the losses of the company. To this the defendant pleaded not guilty, and that the plaintiffs were not induced mated. Mr. Edward James, in opening the case, said—May it please your lordship and gentlemen of the jury, the defendant is fued in this case by the plaintiffs, for the purpose of recover ing from him the amount of ten shares which were purchased by the plaintiffs in August of last year, together with a fur ther sum that they have been called upon to pay, I think, of £5 per share—a call made subsequently to the failure of the Borough Bank; and the action is founded upon the well- known rule of the law, that where a man has been induced to alter his position for the worse by the misrepresentations j of another individual, he is entitled to be indemnified against any loss that be may have sustained by reason of such trans action so entered into through the misrepresentation of that other person, and from him. It is a rule based on common sense, and built up with the strictest principle of what is j use and right. Now, gentlemen, having stated that as the foundation of the claim in the present action, I will, as shortly as I can, consistently with my duty, call your atten tion to the facts of this case. The Borough Bank of Liver pool, of which the defendant has been for some years a direc tor, was established in the year 1837, upon the remains of a bank belonging to Messrs. Hope and Co. There was, as is usual in such cases, a deed of arrangementamongst the pro prietors, whereby the management was vested in certain gentlemen, called directors. I shall very shortly call your ttention to two or three of the clauses, and not more. The 271 h section provides " that the entire management of all the affairs and business concerns of the company shall be, and is hereby vested in the directors of the company." Sec tion 44 provides that " the directors shall keep all necessary and proper books of account; that they shall, half-yearly, settle, adjust, and balance the said books, and make out and (teelare a full, true, and explicit statement and balance sheet, exhibiting the debits and credits of the said company, the amount and nature of the capital and property thereof, and the then true-estimated value thereof, with the amount 4,f the company's negotiable securities then in circulation, :Aid the profits and losses of the said company, and other matters, fully and truly manifesting the state of the affairs of the said company." Nothing can be more explicit and c'ear than that. Clauses 55 and 57 provide for the general annual meeting of the proprietors, and for what is to be done with respect to the proprietors at such meetings. There is to be a general meeting in July, provided for and by section 67. The directors for the time being " shall exhibit to the proprietors assembled a true and e , rrect summary and balance-sheet and report of the profits and accumulations or losses of the company from the time of the commencement of the business, or from the end of the business included in the last preceding rcpart, and of the state and progress of the affairs of the company up to and including the 30:h June last preceding such annual general meeting, and also such further ac counts and statements as the said directors shall deem expe 'lent for the interests of the company to be made public"— {the learned counsel called particular attention to the words to be made public," and then proceeded]—" and every such report as aforesaid, of the losses and profits and accounts of the company, shall be binding and conclusive on all the proprietors, their executors, administrators, and assigns, unless some errors shall be discovered therein before the next subsequent report shall have been produced, and,in that case such errors shall be rectified." So that, besides the half -3 early account and balance sheet, there is to be an annual _meeting of proprietors,before which meeting the directors are to lay " a true and correct summary of all the accounts and profits, and of the losses and all other matters relating to 111 , ir concern which may be expedient for the knowledge of the proprietors and for the public." That is what Is provided o• by this clause. Clause 9:5, to which I will next call your attention, provides that the directors shall from time to time, either half-yearly or otherwise, during the continuance of the company, as they 4tall seem fit, declare such a dividend t of the clear profits of the company then actually accrue aed received into possession, including the interest and pro ceeds of capital laid out and invested in pursuance of the powers therein on their behalf contained, as theyshall think fit, and so often as a dividend shall be declared they shall cause it to be divided." So that the dividend is to be de clared out of the clear profits of the company " then actually accrued or reduced into possession." The 98th section pro vides as to what shall be considered the net profits. The net profits of the company made in and during the first year of bi=iness ending on the 30th June, and so on, after making deductions for bad and doubtful debts, and after setting apart such portion as the directors think requisite for maintaining a reserved surplus fund, shall be divided amongst the proprie tors in proportion to the number of shares which they shall • hold. Therefore, they must first ascertain and set apart for the bad and doubtful debts, and next lay aside such a sum as • they think proper for the reserve fund. The 106th section provides far the dissolution of the company only in certain events. "Hat any time the losses of the said company shall have exceeded all the said fund called the reserve surplus find, and also one-fourth part of the capital of the company which shall have been actually paid up without regard to the amount of the subscribed capital, the managing board fir the time being shall, so soon as possible after the above mentioned state of the company shall have become known to the directors, it is imperative upon them to call a meeting of the proprietors, and lay before them these facts, when, upon the application of any two proprietors the company shall be declared to be absolutely dissolved, unless certain portions of the proprietors shall think proper to carry it on under certain regulations." So that when the reserve fund is gone, and when one-fourth of the paid-up capital is also gone, the duty of the directors is, as soon as possible after ascertaining the fact , to t a ke measures for the • dissolution of the company. Now, gentlemen, as to the state of things with regard to the bank. The defendant is a gentleman, I believe, of high position in the commercial circles of the town. Some few years ago he came to Liver pool from New Orleans, where he had acquired during seve ral years an intimate acquaintance with banking transac tions. Soon, probably, after his arrival here, the . firm with which be was connected, having an account with the Bd.- rough Bank, and be thinking that with the experience he had acquired he might be enabled to benefit himself as well a-. others (for I give him credit for that) it was not unde sirable on his part to become a shareholder and a director in the Borough Bank. He accordingly examined the pub lished reports of the directors from time to time, and having made up his mind as to the expediency of joining the com pany, he purchased shares solely that he might, accord ing to his own words, become a director, and a director he did become, about three years ago. When he joined the hank the affairs were not conducted exactly in a manner provided by the deed to which I have drawn your attention. It provides for the management being invested in directors. The directors consisted for the most part of gentlemen of eminence and standing in the town, high in the mercantile world, but they delegated their powers to three gentlemen who were selected from their body, and called managing directors. These managing directors likewise appointed another person called the manager, and it will probably turn out that in the great multiplicity of instances for years gone by, previous to the summeroflast year, the manager directed the managing directors, and the managing directors ruled the directors. That will probably be the state of things. All that the directors contributed to the concern was the sanc tion of their high names, and the lustre which could be shed about the bank by their undoubted respectability. Directors they were in name, and name only—" Lucus a non lu cende"—they directed because they had nothing to direct. There were accounts weekly or fortnightly placed before them, which informed them, as I believe, of little or nothing which transpired. They trusted to the managing directors, and it is not at all unlikely that the managing directors trusted too much to the manager himself. There can be very little doubt that Mr. Dixon, with the experience that he had acquired in New Orleans, and with the expects.. then be had formed of having some part and parcel in the management and direction of the Borough Bank, when be became a director, was not satisfied with the state of af fairs, nor with the course which matters were taking ; and I telieve that from time to time he did utter certain mur murings of discontent, but that he never took any active step to set matters right, which he suspected for some time were going wrong. So matters went on until June last year, when Mr. Dixon (defendant) havinzbeen informed that Mr. Smith, who had been manag e r mine time, was about to retire, was askedhaywinhyeetahresi.uphst.ewothuladt become a managing director, thereby o f of course , an s opportunity of investigating the true position l t r w e o d ru iat a e t ly on f ee r i o r m to . a s g e 1 f He acceded to the request, tu r n e g tu h r London to Liverpool, and se asrertain the true position o f things ; and I beli eve If he had purs ued the dictates of his own heart, and attendedeitiotphled .earnings of his own conscience and common sense, h have studiously pursued the course which in the be he did unquestionably mark out for himself, and t g his n e lng ro a y would not have been brought before you, because p b bl as ii e not a thoroughly accurate statementtboaft th tb e e a e ff e a n i e r e s r o n f w th a e s bank, yet at all events one showing ut forth—my clients u tterly insolvent, would have been p w ould never have become purchasers of shares,aganaidnswtoumldr,. consequently, never have had a rightt. of action Dixon. It appears that he did inves igate, an his own serious doubts as to whether thereodugthhtattobebheada dividend. Mr. Smith laid before him a statement wlehaircnhe(li have never seen, but which I shall cal l upon _ my _. x friend to produce—a statement which satisfied Mr. on beyond all question, that no dividend ought , u nder the cir cumstances, to be declared. He was overruled —I am now giving you his own account—but he did not persist in the views which he took. A report founded on that statement of Mr. Smith was furnished to the directors, was acceded to by them, was placed in the bands of a printer for the purpose of being disseminated and sent forth to the proprietors and the public, showing that there was to be no dividend at all for that half-year; when all of a sudden that report was revoked, and they published a report which shall be brought before you in a few minutes, and upon which this action is f o unded. Now, gentlemen, that report was placed before the public. It was placed i>a the first 'Wool before the pro- fmamrke hand t an in d p t o r i e h t o a r n s d . The the y s h a a r r e e sl y n n t r h e i h s a b s a e n a kze i n transferablethe s h ar e from - Liverpool and other places. What guides the minds of those who are d isposeel-se-4ecome - purchaser s ? - Only the ports published periodically by the authorities, of the company whose shares are in the market. It is those which, and which alone, guide the public as to whether they shall become purchasers or not. The plaintiffs are hardworking men, not._ speculators, each of them employed as warehousemen_ in the service of respec' able houses in this town. They had not means each-of • pa:- chasing the requisite number ofshares, because, by the-con stitution ,of the company, less than ten are not transferab re They saw this report, they took it home, they studiod It and they found that taking it altogether—although the - effect upon the share market had been to bring down the shares in consequence, as you will see hereafter of the reduction from the usual amoun t o f di v idend—yet ;hit disclosed a state of things which they thought would justify them in investing their money in the purchase of shares. They accordingly, acting upon the faith of the report, purchased ten shares In the month of August;and they were registered, I think, on the 23d of Asigust. Now, that is an outline of the transaction. It is for the misrepre sentation contained in the report, with respect to which I shall show, beyond all question, that Mr. Dixon, the defen dant, is intimately connected. They purchased Upon the faith of that, and they are entitled to be indemnified by him against the loss to which they are liable. The bank stopped payment on the 26th of October. They were called upon afterwards with other unfortunate shareholders to pay ,a call, I think, of £5. Now, the report to which I beg 'to call your attention is this—" Twenty-first annual meeting of the proprietors held on the 28th of July, 1857. Directors for the year," &c. The learned counsel then quoted the for mal part of the document, and proceeded— ' According to the last report, the paid-up capital of the bank was £900,000, and the reserve fund £101,775 odd. Since that date two calls of £1 per share have been made upon each of the shares, making the capital £1,000,000." It is, there fore, clear from this report that the actual existing capital of the company paid up as represented amounted to £1,000,000. " The nett profits of the past year, after the payment of all expenses of management, and after deduct ing £45,825 for loss by bad debts incurred during the same period, amount to £69,318." Therefore the nett profits of the year, after the expenses of management are provided for, and after £45,000 of bad debts during the current year have likewise been deducted, leaves £69,000 odd. There fore, according to this, there would be £115,000 profits; after allowing for bad debts, current and the year's ex penses of management, would leave £69,000 to be divided amongst the shareholders. They say, " appropriated as follows :-31 per cent. divided upon £930,030 (that is, at ' the rate of 7 per cent. upon the former half-year) £ 33 ,x; 21 per cent., at the rate of 5 per centum per annum, upon a million of paid-up capital, £25,000; property-tax, £3. 000 ,;” making altogether £61,879, leaving a balance of. £7,439 6s. 6d. stated to be carried to the reserved fund. Just let us for a moment look at the figures. It is stated that there is a million of paid-up capital, and upon the former balance sheet £101,700 of a reserve fund; £7,439 added to that will give £109,000 of a reserve fund. They proceed—" Nearly the whole of the losses above-mentioned have been caused by the frauds of a customer." I believe that was so; one mighty customer did, during the course of this current year, take in the bank to the amount of £45,000. "In winding- up the affairs of 1854, a year which is well-known was most disastrous to those customers of the bank who were in the colonial shipping trade, a heavier loss had been sustained in the realisation of the assets than could possibly be antici pated. The directors have thought it their duty at once to reduce the dividend to the rate of five per cent. per annum, on the ground that taking even a most favourable _view co the liquidation of those accounts, the . whole of the reserve fund will be required to meet the loss sustained." The loss now ascertained, after the realisation of the assets and the liquidation of the debts, will amount to so much. They will require something more to place the bank clear than will be met by the reserve fund of £lOB,OOO to £109,000. "The whole of the reserve fund will be required to meet the loss incurred." Not a word is said about the capital being re quired, bat only the whole of the reserve fund will be re quired. They go on :—" And that, on the other hand, taking the most unfavourable view consistent with proba bilities, the good current business of the bank will, in their opinion, be sufficient to admit of the regular continuance of the dividend, without encroaching upon the capital at the same period in the coming year." Therefore, under tile most unfavourable circumstances consistent with proba bility, the good current business of the bank will-enable them, in the following period of the next year-s-theyear 1858, and the month of July—to divide 5 per cent. without encroaching upon capital. Not one word said about the capital except that. What is the meaning of it ? 'Thereis the capital intact. The good business of the banleds,soch, that the annual profits, after paying all expenses —the prior losses of 1854 being all liquidated and accounted for —the good genuine business of the bank will enable the directors to pay. 5 per cent. per annttm, and not encroach one iota upon the capital. The learned counsel ihen proceeded to quote:—" In laying this statement hefdre the shareholders, the directors desire strongly to inikOress upon them that its unsatisfactory character—(tlloy shad divided 7.. per cent. before this)—is to be attributed -to the affairs of 1851, and that apart from this, the'Aotind and legitituate• business of the, bank would have enibled7ist to pay the ordinary dividend (that is, 7 per cent.), andialso to add largely to the reserve flied, notwitbsttiodlog the losses, ,4liat; baye, been incurred- subsequent' to net pee*. They wish aho to state their• confident expectation Ahttethe change they are making in thepolicy and regulatien . Orthe bank will effectually-guard. against a recurrence , of similar events:" lioli what is. the lair result of the whole ofAhis report , ? It•Aelgesents a million4l Paid-up capital; it: 're ; presents All by ; gune losses befoye the current year wain*: provideO'for by the reserve ftind ; and that without- trends , ; ing uprrtliii Capital, whieh is still intact, they are entilleet, as fair. trader,*, to distribute among their shareholders a portion of their profithmountitsgto 5 per cent. Nov what' st,ould yow . etty, if it should turn out that the whole- of the capital was actually gone—;thai that which is represOft:N as existing capital of one - million was all swallowed,up E rej this, andahat upt tally the reserve fuud,.but toe cap') also;. had titSappteyed? What should you think if, o.6efron4 ttie asets issang realised, or the debt liqUidated, neitifer,ente • nor the other had then been done ; that no; aseetv isad,been realised, or' at all events to a very small extent k'slott:',.tho `. debts ikad -not been liquidated ; and that so far..froOk-thisl residuumlund, with the supposed realisation of,:tite - asets,. clearing the bank from all its former liabilities; thereskieere liabilities far, far beyond what tie assets of the banli were able to meet iti existence at that very time ? 'hat should you say, then, as to represcntatins of this kind ? 'What should you think of the prudence of men in business actually dividing profits upon the current year without attending to the requirements of the deed, and setting apart from ime to time a portion of those profits against bad or doubtful debts; saying, "We have lost in former years tar more than we can pay, but in this particular ' year we find that which we conveniently call profit, and not setting it against the prior losses, we will divide amongst our customers this amount ?" What should you say ? Why; gentlemen, Fthink you would be inclined to say with me, that - it was a gross misrepresentation. Now, I will show you that it was eta, and that the defendant knew it.. .14 may be said—well that may be so; it way be true that. thg,ccpital may have been swallowed up; that these Easels haVe not been realised, or debts liquidated, and yet Mr. Dixoti , may know nothing upon the subject. But, I apprehend that the,• law is clear upon this, that if a man undertakes to, rell'resent as an existing fact that which he does not knode to be an existing fact; whereby another is induced to althishis 'Condi tion for the worse, be is as much liable as if, he misrepre sented a fact which he knew not to be the case. , They are just inahesame category. But what do you think of ' the case where a roan is a managing director, tine access to the books, is appointed a managing director for the very pur pose of overhauling the books and satisfying himself of the existing`staie of things—what do you think if he should say •‘ I don't know-anytnieg about it ?" Why, you would per haps be inclined to reply, " Then you ought to know some thing about it:" The learned counsel, in support of,his at gument, quoted the opinion of the Master of the Roils in a case lately decided under similar circumstances. It was ,ought Is niake - a man con tributary to an estate aviiiih was being wound up, and the directors said they knew nothing ttf it personally. " Whether (said the Mastetof 'the Rolls) the directors personally knew that their statements were de lusive .tuad untrue, is, in my opinion, iminateriAl. They were bound to know it. They were the vonchelv to the public 'of the - accuracy of their statements. They were the company- itself ; by its proper organs announcing_to the public-the-state of the concern ; and the company can gain no benefit by. such representations." So they were bound to know :it. But, gentlemen, I will go further' than-that ' and show yon that Mr. Dixon did actua ll y k uow — not o nl y that he represented a fact which he ought to have known, not only that. be might have known it, and was' - bound to know it 7 ,-but that he actually did know—if not to-the entire extent, yet certainly sufficient to have induced him and i he'other directors also to have adopted a diffsrent course. After the.s.toppage of the bank, on the 26!h of October, liqui dators were appointed, and Mr. Dixon became tfie chairman of the liquidators The liquidators employed Mr:Tanner, a most respectable accountant, of this town,-to go x over the affeirs'of the bank, and he prepared a statement, which was produced at a meeting where Mr. Dixon was, and adopted and ordered to be printed and circulated; ' At thifineeting, after giving an account of what had been done since the liquidators were appointed, Mr. Dixon made a-speech, to which I invite your attention. He says : — "tl PrCoPos!, be fore proceeding any further, to make a few remarks'in my individual capacity as a director. I cannot but feellbatahe position in which the directors are placed is one - of very great discrecift." - 'I don't think anybody will differ from him in that. ‘‘ And , I shall, as fully as I can, explain the part which I have taken in the direction. About three-and-a half years since I became a director." [Thelearned counsel said that he did not wish to go over the whole speech, called attention'to the fact relative to Mr. Dixon's conduct hot , b , before and after he became a managing director . ] " I also stead, after Mr. Doherty's matter—[the 'learned counsel explained in 1856 and 1857] —came before the bank, I placed on the books a record of my opinion that the nature of the transactions by w hich this loss was incurred was unbusiness-like, and ought not to have occurred." So that then, although an outside director, he took an active part in condemning the system adopted in this particular in stance. "I- also stated that, in m opinions the managing, directors were as blameable as the ma nager for the loss.' What, then, shall we say when he becomes a-managing director himself? "It was then for the first time I be came' awtite • that the managing directors had actually little control or knowledge of the affairs of the company as outside directors." A pretty state of things ! "Towards the end of * hue last Mr. C ress called upon me in 'London, and told me Mr. Smith was going to resign, and -that Mr. Seller was to take his place, and asked me if I would become managing director. I assented ; and immediately on my re turn to Liverpool my first step was to inquire into the condi tion of the bank with respect to the declaration or non-decla ration of a dividend." Had his attention been called to it ? Did he think they were in a ticklish state ? Did he think the declaration of a dividend was a matter for serious considera tion ? Hear what he says :—" The statement of the affairs of the bank laid before me by Mr. Smith, the manager, led me to the conclusion that no dividend ought to be de clared. This view of the case was assented to at a meeting of the directors; but at a meeting afterwards, suddenly coa vceinrudeeupdil,aattcheetieddainencdision was reversed." Now, that is a statement upon whiCh, as I shall show you, a report was founded, decision was retavhdeoPpr te i n d te b r y 's t hhands,e meeting.fo r th e T p h u en rpo m se r. of w b o e o in d g . Wood ward, who was i reversed d present by a t t h t e h w e h m ol e e e t b i o n a g r , d a , sokre anyd w h p e a t r h t e . r t m ha r t . motive Dixon r beinge replied--« l i ed — that i y t the bank to run the I ' the board ; and to which I yielded, the zofdangerous in the then position of pro duced by the excitement that might be non-declarationpro oof dividend. It might have t p t p h a e g e e ff o e f the bank." The resulted in a run and the stoppa ge Whatc w th o a n t i yould have been non declaration of dividend—fa ;vroduced on the !Atwell( lders. effect upon the public, upon the customers ofhLeban been the _ were not shareholders , the moment it should bruitedbecomek who abroad, as it inevitably would have been by public tepert—a run upon the b ank, sto pp a g e, and ruin. This is what they thought; the final winding up l of the affairs of the bank, the loss of all their shares , , , wou d have been utter ruin to I acceded (said Mr. Dixon) some of the shareholders. to it f 11 and crrct discosure of the only on the understa n ding that the statement to the share holders should contain ev e 11 c ondition of the bank, even though it e should l disclose the gentlemen (pursued the lea wed counreel), f th c e a r p e it i a s l n .' o ' tin N t o hi w s, qt . report the shadow of a shade of an intimation that the divi dend has been declared out o ital, because it is distinctly stated that the net proffteleVhfpast go are £ll ~out of which net profits of the year the dividend is pain, the expenses of iqpnagement auterthrl7e -- debts of the-current year being provided for. Not one woritaboutits being paid out of capital. Well, now,- - gentleraen, when the account was published it was found tliatlheir" liabilities, after de ducting those which might be made available, amounted to £1,466,000, and that their assets were £1,488,000. So that, supposing the assets when re iced did produce that, under the most favourable state orthhagg, it showed a surplus of £22,000, and that was all. - Mit-that was. not so. Their liabilities were far beyond what their assets were : calls bad to be made, . .and the whole Was- one complete mass of ruin and:desolation. Can it be saidthat all this capital has been lost. since July? Gentlemen, so 'far from there being a million of capital paid up upoutewhfch they had actually declared a dividend, and divided the profits, there were only £936;000 odd. That was all the capital which they then bad. Was it lost in July? It was or was not. Mr. Dixon, from the early part of June to the stoppage of the bank, was himself the sole managing director. Will he say it was all lost after July ? What reckless trading ! What management there must have been , - in such a case ! Mr. Dixon was alone responsible. He cannot, therefore, say it was lost since then ; it would be monstrous ; it must have been lost before. But let me call your attention to what be knows, and actually states. -Mr. Banner was employed by the bank to investigate the accounts, and upon the 12th of November there was a meeting at'which he produced a state ment, to a certain extent, of what he had made out. " Into the ' accounts,", Mr. Banner said in this report, "upon which the losses have occurred, I have not had time to enter closely. They have most of them been current on the books of the bank for some years, and I see that,rarge amounts have been written off from time to time to , the debit of profit and loss £371,000 odd having been written of between June, 1854 (the year in which Mr. Oliver stopped), and the same period of 1857, covering a period of four years only." So that you have the fact, arrived at by the inspection of the books, as stated by Mr. Banner before a meeting, at which Mr. Dixon was present, that £371,000 odd had actually been written off' as losses, and if that is not 'a loss of Capital to that extent I am at a loss to know what is. This is before June,lBs7, the report being upon the 28th of next month (July). Mr. Smith's statement is to the same effect, Mr. Smith's state ment to Mr. Dixon being in tbe.month ofJune. Mr. Dixon referred to this statement as showing the expediency of dividing the profits; 'and I find likewise, in the report pre sented to the meeting upon flip 17th February, in this year, by Mr. Banner, and adopted by that meeting, he says this : —" ' We mention in our report of the 12th of November that the principal accounts upon which the losses have accrued, now contained in our statement, have been current on the books of the bank for some years; and scarcely any of these heavy amounts have been written off." That is totally at variance with Mr. Banner's statement of the 12th Novem ber. He says that before that -£371,000 had actually been written off, and that " before the issue of the directors' re port in July last, an estimate was made of the probable loss, amounting in the aggregate to . £370,000." Therefore there could be no donbt that there was this loss of £370,000 re ferred to in Mr. Smith's report to Mr. Dixon, in the month of June, stated by Mr. Banner, who had examined the books on the 12th of Noverither, to have been written off before June in that yearihnd afterwards stated by Mr. Banner not to have been written off. Now, what does this state of things show ? That in the month of June, according to the directors' own account, the whole of the reserve fund was swallowed up. £IOB,OJO, to their know - ledge, was necessary to cover losses sustained in former years, in 1854 principally, and two or three years succeeding, and taking that from the admitted loss'of £370,000 so written off, it will leave somewhere about £270,000 of capital actually gone. They were bound by that clause and their deed to which I have referred, upon ascertaining that all the reserved fund was gone, and a fourth part of the paid-up capital, to summon their subscribers before them, and to take measures for a dissolution of the company. There was gone at that time far more than one-fourth of the capital, because one fourth of the paid-up capital of £040,000 would only be £235,000, and they had in fact lost nearly £300,000 besides the reserve; then I say that the defendant is liable for the amount claimed by the plaintiff—because I shall show you, beyond all question, that - that plaintifildid actuary receive these reports, and acted upon them alone, and that they were not, as may perhaps be contended on the other side, intended solely for the inspection of the proprie tors. They are, and always haveheen' co nsidered and acted upon in the open market as furnished for the guidance of the public, to show the public whether they will be justified in investing their money in the purchase of shares. The next question is, are the misrepresentations such as to impose a liability upon the defendade I think when I have laid before you proofs of these facts; you will sec beyond all question that the plaintiffs, who have invested their whole property, or nearly so, in the purchase of shares in this bank, are en titled; in ju,stice, in law,•and in good sense, to call upoa Mr. Dixon to reCofupense them fat' the loss they have sustained. "The twapletintiffs were called and examined in corrobora lion of the facts stated by their &tinsel, after which ' ' Sir: Fitzroy Kelly addressed the jury for the defence, con tending that there had - heep3ao - Misrepresentation on the part of Mr. Dixon; •that te-had been connected w i t h the bank since 1854, and that,:itetften that year and 1857 he had pnrchas'ed 100 sharesLthe winotint thus invested being £15,001). That until-a - five: monthg before the failure, be . bad not tin.sgportnnity'Ofsienowing what took place with regard to the actual transaViana Oahe bank, and that when thoroughly - apprised of itkeonchtion, he acted only as an hotiest and honottrallie 'infan , :ivoutd have acted. Evidence was then calledlor i ,the date ti The jury returned a ve'rillotaisir , the plaintiffs for the amount claimed. . ..-"''-` ~.. .' 'The Judge said.be•hottelkbis'etiawavould be a warning to whole country. ' - ' 1 -' .' ot 4 lC&' •.: X‘Ir.;,E;TatIGENCE. • .. ~,, • ,‘,.,, ; , ___ ,„, _. • , . .. MA;ll.olSTLFlrotiSg. , 4Prancis , Duffey, who appeared 'to he about 17; but said Itein4S , 2o years of age, was charged. with liav4ig,rObbed -an elderly-t ian named Roby. Smith. ' - offiarittns, 660, 'said—l' *bet the.‘- prisoner, about whom. I k badrtdeivakill6rue- - fliforfriitiiiati„ at half-past six' last even ',. tog itt Ilislitipsuate.Lak.rier.* a%e". moment he sew me he ran ,into a publia-liouse called Abe Catherine Wheel. I followed and told Mtn he vas charged with. stealing a watch and a bag'of clothes: He said, • J Not me," and I then took him to the station-house, where I fiund in his possessisn the thimble rig, implements I produce. The prosecutor said•—_-.1 rcsielatu . Backchurch-lane, White; chapel, and on the 11th Ihstarft I went into Petticoat-lane to sell a bag of clothes; but-I was not able to get a satisfac tory price tbr them, and I walked into a public house in lloundsdilcti to get someihing, and the prisoner and two other persons followed me s aqd endeavoured to knock up a bargain about playing at sk,i4les. They said to me, " Coun tryman, you may as , well:go 'arid see it fair," so I accom panied them to a - public-housein Hnundsditch, and I went into the...skittle•gtonnd witiOny,bag of clothes, and after one or two games were 4 1-16eitilte.we , ,t into the house to have somewhat to drink. - f felt stupified, although I did not drink much; but I believe-it was from something they put into the- dtink, and,l missed my bag of clothes, and .could not upon inquiry hear anything about it. I then left , the house; and the prisotier cattle after me, and, putting his ,arrtx,round me, took from pl . y,gOcket a silver watch, the chain of which he broke in4chgging it away. The watch was worth 30 shillings; and the clothes were worth £2. I did not see him again till" he was in custody, but I am quite sure he was one of the three persons who were with toe in the skittle-ground' and that it was he that stole my watch. ...: The Lord Mayor—Prisoner, do you wish to ask the com plainant any questions? ..- . • Prisoner—Yes, certainly I do. Pray now (to the pro secutor), hadn't you been drinking be. bre ? Prosecutor—l bad only - part of two quarterns of gin. I , was not intoxicated, I was stupid. (Laughter.) -Prisoner—Now you ,see,Jety lord be said that at the time he lost his bag he became stupified. I should like to know bow he could know that•l was the party that stole his watch '' if he was stupified at the time . ? Let him answer that. The Lord Mayor—He swears that you are the person. Prisoner—l should fancy that a man who was stupified or intoxicated could not swear to any man. The Lord Mayor—But•yon see he was so far recovered from his stupefaction, after-he lost his bag, as to be able to distinguish you as the person who stole his watch. Was there nobody at the public-house at the time who can identify the prisoner ? , • . Watkins—Sly lord, I, went there, but they would not know anything about the matter. The house is a very bad one, frequented by none but thieves and card and skittle sharpers. The Loa Mayor—l thought. the license had been taken • away. . . . , lord. Watkins—So it has, my .It is now only licensed as '' a beer , shop, and it is worse than it was when licensed as a public-hOuse'. x , PifsOner—Now, any lind;• I'd be glad. to know why This officer, if I am.the thief, aid not take me long a•go ? I've been up and down the Minoriea• four or five times a-day for a fortnight, and the police never meddled with me. Watkins—l had information, en the 12th inst., the clay . after the robbery, and I have been looking for you ever sinee; but could never. see you till last night, and then you ran away the moment yen saw me. ..The Lord Mayor—lt is my intention to commit you for trial. Do you wish to say anything ? Prisoner—No. Conimitted. _••• :.-•:., , Dennis . Leary, whq aPpeared.to be - about 14 years old,- was.brought up on remand; charged with having stolen a purse, containing 21s. ad: "Oliver, and a small key, from a lady unknown, on Fresh-Whkrf,London-bridge, on Monday last. . The boy was seen, at about pie o'clock in the evening, to take something from the poeket-ef a lady dressed in a black cape and black silk dress; - who was not subsequently dis covered ; but the thief was- caught, after having thrown away the purse described in his flight. The Lord. Mayor hoped. that the lady, who would in all probability be informed of the detection of the thief, would come forward on Tuesdnynextlo identify her prope r ty. B ENE VOLENCE.—The - Lord Mayor requested that the press would acknowledge'his receipt of 10s. (postage stamps) ' from "A. E. 8.," and £2 from "W. P.," for Mrs. Soden. WESTMINSTER.!—T4E SMOKE NUISANCE AT THE BATHS AND WASHHOUSES, GREAT SMITH-STREET E W E STMINSTER. WU/jail& , Urquhart, superinten dent of the above establishthent, appeared before Mr. Poynter, to a summons' taken out by Mr. Gihb, super intendent of the B division of police, the charge in which was that he did negligently use a certain furnace so that the smoke arising therefrom was Hot fully consumed or burnt. Mr. Bodkin, with Mr. Sandeson, civil engineer, at tended in support of the shmmons ; and Mr. Rogers, clerk to the managers ofthe baths and washhouses, attended for them. Mr. Bodkin having s tated the ground of complaint, called the following witnesses t-- Mr. Sandeson stat d that in the month of January, 1855, he paid a visit to the establishment and suggested some alterations in the construction of the chimney connected with the furnace, which were attended to. In the month of March last he again went to the establishment and found that they were burning siftings of coals, which were not adapted to that furnace. He saw defendant, who said that he would lay his (Mr. Sandeson's) representations before the board. In consequence of the alteration he had sug gested not being carried out, and as the smoke continued, he went there and found the same sort of fuel burning on July 6. Mr. Paynter—Did you point out the fact that the fuel was not proper to the defendant? Witness—l did. By Mr. Rogers—You burnt a great quantity of coke in 1855. I cautioned the stoker that, if the proper fuel was not used, I should be compelled to summon the superin tendent.corn Policeman King, 249 B, proved having seen , on the sth Gregory, 264 B, of July, dense black smoke, on three several occasions, coming out of the chimney fur about 10 minutes. _ Sergeant Hill, 11 B, corroborated some portions of the same on the 17th of n officer's evidence. several • occasions, for two, volume of smoke issuing on the 12th of June, also saw, on three from the same chimney, and the three, and five minutes, a dense Mr. Bodkin (to Kru. June. Andeson)~}low long, if A furnace THE - SUN, LONDON, FRIDAY EVENING, AUGUST 2'7, 1858 be properly stoked and carefully coaled, would it be for smoke to arise ? ..- 41r. Sandesen-,-A -150-horse boiler would t2kc about a minute and.a4ialt, if careftillymeu to. The 81*h:inside &large-134a square. It ought to be raised higher, about 12 feet.' Mr. Rogers observed that if the commissioners were com pelled to consume a more expensive coal they would have to shpt up the establishment. It did not pay, and was not able to pay out of the revenue the interest of the money borrowed. After a long argument, in the coarse of which it was con tended bpMr. Rogers that Mr. Urquhart was not the proper person to be summoned, but which the learned counsel de nied, it was agreed to adjourn the summons for a month, to afford the 'commissioners an opportunity of making the required. alterations. ATTEMPTED SUICIDE IN A CELL BY A FEMALE. — Catherine Gannon, a married woman, was charged with assaulting Anne Glynn, and with also having attempted to commit suicide. The evidence went to show that the prisoner lodged in the same house with complainant, who was the occupier of it, at Ne. 7, Blackland-street, Chelsea, and that on the previous afternoon she gave complainant a violent blow with her fist oa her right eye, which was much blackened and swollen. She also struck complainant on her left arm. In these several assaults she was assisted by her husband. She was taken to the station-house by 158 B, and placed in a cell. The officer went there in a few minutes and found her black in the face from the effect of a handkerchief which she had tied tightly round her throat, and which was re moved by the constable. She was fined 13, or in default six weeks' imprisonment, and a summons was ordered to be issued against her husband. MARLBOROUGH-STREET.—FORGED CHEQUES. — Thomas Anderson Nesbitt was brought up for final exa mination before Mr. Binghom, charged with naming several forged cheques. Mrs. Jane Walker, of No. 5, Pollen-street, Hanover square, licensed victualler, said she knew the prisoner as a customer. On Saturday evening, the 7th inst., the prisoner called to pay a small bill he owed and tendered a cheque on Messrs. Glyn and Co., purporting to be drawn by John Eadie, for £4 48. She asked the prisoner to put his name on the back of the cheque, and the prisoner having written the name " Thomas Anderson" on the cheque, she gave him the differeuce—£3 18s. She paid the cheque to a neigh bour, and it was returned to her unpaid on the 16th inst. John Moore, one of the clerks of Messrs. Glyn, said no person of the name of Eadie kept an account with that firm. The prisoner was committed on this case. The next case was for feloniously uttering to James Paul two forged cheques. James Paul, licensed victualler, 122, Oxford-street, said on the 16th inst. the prisoner, who bad been a customer, came to his house, and producing a cheque for £B, purport ing to be drawn by James Cross on Messrs. Glyn and Co., asked him to change it. He inquired of the prisoner if he knew the drawer of the cheque. The prisoner replied he did; James Cross lived in Cheapside, and was a very rich man. The prisoner further added that Cross was a jeweller, and he had done a great deal of business with him. Witness believing the story, gave the prisoner £7 and 20s. in silver, and he went away. On the 17th inst. the prisoner carne again, and brought a second cheque for £7 155., signed in the same way as the previous one, and asked witness to change it. He gave the prisoner his own cheque, but took the precaution to stop the payment of it, as he had received information which led him to doubt the genuineness of the cheques. John Moore, clerk to Messrs. Glyn and Co., proved that no one of the name of Cross kept an account at their house. Police-sergeant Silverton, C 293, said he had made inquiry in Cheapside, and could find no one named James Cross, jeweller, living there. When he took the prisoner into custody, the prisoner said, " For God's sake let me see the people, and square it, and give them the money." The prisoner denied the accuracy of Mr. Paul's state ment, but admitted that Mrs. Walker bad spoken cor rectly. Fully committed. Charles Thatcher, cabman, was charged with assaulting Mr. John Vivian, of No. 20, King-street. Mr. Vivian said he hired the defendant from Temple-bar . to the Haymarket. He paid the defendant his fare, but the defendant demanded 6d. more ; and, on being refused, he seized him by the coat an d p u ll e d off three valuable button=. The buttons were of foreign manufacture, and finely ea graved. The cabman, in defence, said he was not paid enough, and on asking the defendant ibr his address it was refused. This being denied by the prosecutor, the case was adjourned for further evidence. George John Chapman, a county magistrate, was fined ss. for being drunk and incapable in the Haymarket the previous evening. MARYLEBONE.—EMBEZZLEMENT BY A CLERK. —Frederick Justice Latham, a respectable-looking man, between 40 . and 50 years of age, was placed at the bar before Mr. Long, charged with having embezzled money to the amount of £lOO, received by him fur and on account of hisemployer, Mr. Yates, matmaker, Abingdon. The evidence went to show that on the previous day the prisoner absconded, and that soon afterwards Inspector Durdle, of the Great Western Railway police, Paddington, received a telegraphic message, giving a correct description of the prisoner, who, on the arrival of the 0 o'clock train on the same evening, was taken into custody.. Mr. Rawlings, superintendent of the Abingdon conqhbtrlary, came up by another train shortly afterwards, mad the prisoner was by WM- idet He was searched, and in his.possession was fciiiind the. ant*of Ss. 3d. Ar: Lang directed air. Rawliags to bike, the prisoner hook, with him, to Abingdon, for extimltittion'beirore 'the inagAtratei there. DARING 'lSt/BEERY BY FEMALES.—Anne Lee and !Illarkiirruie Sheehan, women of disreputable character, viete , eharged.with having, supposed by the administi.ation of chloroform, robbed a man named Walter Davies of his ' purse and, money. Prosecutor deposed that on the previous night he was accosted by the prisoners, at about 12 o'clock, as he was walking. along the Harrow-road, who asked him to go home with thep. He refused to do so, when one of them put sotnethilik wet upon his face, which caused hies to feel quite 'teddy ; he felt a hand in his pocket, and directly afterwards he mi,sei his purse. Sergeant potter, 16 D, deposed that he was with Hobbs, 261 D, near the spot where the robbery took place, and he heard prosecutor call aut. He (witness) with his brother officer went up, and saw Sheehan grasping the prosecutor tightly by the collar, and pushing him agairiq some railings, whilst Lee bad her hand in his trousers pocket. The prisoners were both taken into custody, and on the way to the station-house Lee made a most determined resistance. While the charge against her was being taken down id the book by the inspLctor ou duty she dropped the stolen pupae „.. on the floor. . . Sotne o . her evidence having been gone into, the prisoners, who pleaded guilty rather than be sent for trial, were com mitted to hard labour in the House of Correction for four months. ID;SGRACEFUL CONDUCT AT A FUNERAL. John Gilpin, a labourer, and another man, named Robert Day, were brought before Mr. Long, charged with the following disgraceful conduct : It appeared from the evidence that on the previous after noon, at four o'clock, the hour appointed for the interment of a sergeant of militia, at St. John's, Hampstead, a crowd of 1,500 persons assembled, and in order that there should he. no breach of proper decorum upon so solemn an occasiun some police constables were present to prevent the mob from rushing into the burial ground. The service in the celluorareteh, the Rev. Mr. Cbappells, the coffin with did mourners to the place of sepulture, when, at the entrance thereof, Gilpin, having b c e e e d n i ugthe concluded, who was very drunk and refused to obey the order that he should not be admitted, abused the clergyman in a most shamefulananner. Much confusion ensued, and he was taken into custody by Gladhill, 445 S, whom he struck with great violence on the head; he also kicked him severely on the legs. Day attempted to rescue Gilpin, and he (Day) made his escape. He was afterwards taken into custody by Buck, 98, and Gardiner, 189, both of the S division. Stones were thrown, and Buck received a wound on his cheek, but he could not say that the stones were thrown from the hands of either of the prisoners. .Mr. Long fined each of the prisoners 205., in default of payment 14 days' imprisonment in the House of Correction. CLERKENWELL. — DOUBLE ATTEMPT AT SUICIDE. —A miserable -looking man, who gave the name of Henry Johnson, aged 78, a shoemaker, residing at 28, Little Clarendon.street, Somers-town, was placed tit the bar before Mr. Tyrwhitt charged with being drunk and twice attempt ing to commit suicide by hanging himself. -The prisoner iu. the morning was much the worse for liquor, so much so that it was found necessary to lock him up at the Somers town police-station. About three o'clock in the afternoon, when Sergeant Mulvany, 8 S, the officer on duty, went to visit him in the cell, he found that the defendant had taken off his neckerchief and, placing it through the small trap-door, had endeavoured to hang himself. The 'sergeant reasoned with him, and the defendant promised quit he.woutd not repeat it; but when in tee usual course of visiting the cells—viz., after the lapse of about 10 minufea--he found him repeating the attempt, he placed a cofistable , with him. The prisoner said he was a mise rable man, that he had a wife who was abuut 40 years younger than himself, and that sbe being in the constant tMbit of 'getting intoxicated, had made his life miserable, and be was' fully determined to pat an. end to it. The, prisoner, who seemed to be suffering from delirium tremens, was remanded to the House of Detention. DISGUSTING CRUELTY BY A DEWIER.— Henry Popkins, a drover, of Bethnal-green, was charged at the iitqattee of Mr. W. Love, the chief constable of the Royal Society for 'the Prevention of Cruelty to Animals, with the following brutal treatment to a bullock The evidence of Guest and Selby, two of the society's officers, went to show that they were, in the New Cattle Market, when they saw a bullock struggling on the ground in a state of exhaustion, having its head tied tightly tip to one of the pen rails. They were about to release it from its painful position, when the prisoner came up with a heavy "bullock stick," baying a sharp point inserted in the end of it, and struck the animal a violent blow over the nose and in a moment after struck it ag ain two terrific blows between the bead and eyes, and forced the end of the stick in a violent manner up the nostrils of the poor beast, causing the blood to gush out. They (the officers) having released the poor animal, immediately took the prisoner iota custody. Mr. Tyrwhitt expressed his indignation at such brutality, and asked the prisoner what he had to say to the charge ? y, The prisoner said he was very sorry for what he had done. The bullock had lain down several times before, and it caused him to lose his temper. He hoped his worship would not " hurt him." Mr. Tyrwhitt said unquestionably there was great cruelty practised by such fellows as the prisoner at the Cattle Mar ket, and it was quite shocking to hear of such continued brutality. He hoped the society would continue to keep a sharp look out after them. The prisoner would now have to labour. PaY a fine of 303., or go to prison for a month, with. hard SOUTHWARK.—CAUTION TO RAILWAY TRAVEL LERS.—A NOVEL SYSTEM OF FRAUD. —Henry Palmer, a well-dressed, gentlemanly-l oo ki n g man, was brought before Mr. Combe charged w i t h defrauding an old lady named Elizabeth Newman of the sum of 3s. 6d., on the platform of the South-Eastern Railway Terminus of London-bridge, under the following novel circumstances : The complainant stated that on the previous morning she went to the railway station for the purpose of proceeding to Shalford. While standing near the refreshment rooms the prisoner came up to her, and asked her where she was going. She told him to Shalford, and at the same time asked him the fare. He replied that it was 3s. Gd., and said that he would go and fetch the ticket for her if she gave him the money. Believing him to be a gentleman she handed him the 3s. 61, and he left her. Shortly afterwards a constable came up to her, and, on telling him what had happened, the prisoner was followed out of the station and brought back. John White, a detective officer in the employ of the South-Eastern Railway Company, said he had received in formation that several persons had been defrauded of money in a similar way by a man answering the description of the prisoner, and perceiving him go on the platform on the pre- vious morning he watched him, and seeing him approach the old lady and receive something from her and leave her, he went and asked her what had occurred. On her telling ..„ him, he pursued the prisoner, mid saw him pass through the booking-office in a hurried manner and run down the in cline, cross over the road into the Borough-market, and turn into York-street. He then looked round, and, seeing that witness was following him, he bolted across the road again, up the incline into the booking-office, where he purchased a ticket for Shalford, and was about to proceed to the plat form, when Inspector Moy of the R division took him into custody. The old lady lost the train in consequence. The prisoner here declared that he never saw White, and having 25 minutes to spare, he thought he would do a little business at a shop in the Borough-market before he purchased the old lady's ticket. He could assure his worship he, was a respectable, honest man. White said he did not enter any shop or stop anywhere until be returned to the booking-office. He believed the prisoner to be the same person who obtained amen of money from a little girl on the platform a few days ago under similar circumstances. Then he did not return, as no per son was watching him. The poor girl cried very much, having no money to pay her fare home ; but Mr. Dyne, the station-master, hearing of the circumstance, with his usual kindness put his hand in his pocket and paid her fare. Inspector Moy, B division, said that on searching the prisoner he found 56 pawnbrokers' duplicates relating to great-coats, umbrellas, travelling rugs, a gold watch, chains, and other property, pledged in different parts of London within the last nine months. He wished for a remand, as he believed the prisoner to be connected with a gang infesting the railway stations for plunder and fraud, and that most of the articles pledged were stolen from railway passengers. The prisoner declared those suspicions to be false. He was a gentleman, and resided at Perry-street, near Gravesend. Mr. Combe asked him what means he had to live as a gentleman, as the pawnbrokers' tickets did not show that he was very well off ? He replied that be had not much means. In fact, he had been a merchant's clerk, but at the present time was out of employ; but the officers were wrong in their suspicions. Mr. Combe told him whether or no they were right or wrong, he had some suspicion as to his conduct ; therefore he should remand him until Wednesday next. He would, however, accept bail for his appearance, and if he was a gentleman, as he styled himself, he would have no difficulty in finding parties to become his surety. Bail not being forthcoming, he was sent to gaol. LAMBETH.—OMNIBUS RITALRY.—Mcch of the time of the Hon. G. C. Norton was occupied in hearing sum monses against the conductors of omnibuses for unlawfully and improperly delaying their vehicles on their journeys. It appears that up to a few weeks past the proprieters of the Camberwell and Peckham omnibuses enjoyed a perfect monopoly of the road from these places into the City, and the consequence was a charge of sixpence fare for any dis tance, however short, beyond the Elephant and Castle. Some weeks ago, however, Messrs. Wood and Fox started a number of omnibuses—the Havelocks—to run from the end of Manor-place, a considerable distance along the Walworth road, to the Ringsland-gate, doing the whole journey for the moderate fare of twopence; and the consequence is that ' many of the merchants and others living on this line of route go to and from the City at one-third of what they had been in the habit of paying. The speculation became so pro fitable, and the opposition so successful, that the Cam berwell and Peckham 'buses found it necessary to lower their fares, and censiderable rivalry has resulted. As soon as a " Havelock" pulls up for passengers at its starting place, a Camberwell or Peckham 'bus is instantly driven alongside, and one won't go without the ether; and when they do go, they keep hanging on so as to commit the offence of "loitering" on their journey, and for this several summonses have been taken out by the police against the parties, pro and con. hear- Yesterday, two summonses were appointed for ing, the one against George Drew, and the other against William Low, and a third against George Longhorn, all conductors in the service of Messrs. Wood and Fox. Mr. Sleigh, instructed by Mr. Binns, attended for the defendants ; and Mr. Superintendent Lund was also in attendance on a summons taken out by the defendants' attorney. When the cases were called on, Mr. Sleigh took a legal objection to the first summons, on the ground that the place where the alleged offence had been committed was not set out, the parish of Newington being merely men tioned, and contended that it was most important and abso lutely necessary to the defence that the defendant should be made acquainted with the place of offence by setting it out in the summons. For this omission he called on his worship to discharge the summons. Mr. Norton considered it essential that the place of the alleged offence should be set nut in the summons, and should dismiss the case if pressed by Mr. Sleigh, but, if he did so, a fresh summons would be taken out, so that the, de fendant would not be placed in a better situation. Mr. Lund said that if the summons was dismissed on the objection urged by the learned counsel, he certainly should at once apply for another in which the omission should be supplied. Mr. Sleigh, however, persisted in his objection to this summons, as well as a second of a similar description against William Low, and both were dismissed. A third summons against George Langham was next en tered on, and from the evidence it appeared that the omni bus of which lie was the conductor, after leaving Manor place, was three initiates going 80 or 90 yards, and the con ductor of the opposition omnibus had on a former day been fined fur the offbnce. Mr. Sleigh addressed the Court, and characterised the alleged offence as of so trifling a character that he hoped his worship would dismisi the case. Mr. Norton, however, considered that a case of loitering had been preyed, and convicted the defendant iu a penalty of ss. and costs, Mr. Lund, addressing the magistrate, said that he had been served with a summons, not only to appear in the cases that had just been before his Worship, hut to produce his books containing all reports made to him respecting the Camber well and the Havelock omnibuses, and the consequence was that himself and his clerk had been kept up as late as 12 o'clock on the night before tracing out the reports in ques tion. The object, as he understood, in calling for such re ports was to show that he (Mr. Lund) had exhibited a par tiality in favour of the Camberwell vronibuses ; but if such had been the inteutien, the reports themselves and the re sults that followed would prove a perfect contradiction t' such a supposition. Mr. Binns assured Mr. Lund that no idea of partiality on his pert had been entertained, and said the summons had been taken out by him under a different feeling. Mr. Wood begged that the objection made to the other two summonses might 'be waived, and that they inight be keard at once, observing at the same time that the sum monses, the cost of defending them, and the penalties en forced, were most ruinous. Mr. Sleigh told him that if he thought proper to take the case out of his !lauds, and act ceunter to the objections lie had raised, and which led to the dismissal of the summonses, lie might do so, and go on with the cases if he lined. (The learned gentlemen here left the court.) Mr. Wood, however, persisted in his request, and said there was a considerable difference between his cases and those of the Camberwell omnibuses, as the former while at Manor place had not started on their journey—that being the starting-place—while the latter were in the performance of their journey. All he required was a few minutes, such as might be fixed by his worship, at the starting-place, and with that he would be satisfied. . Mr. Lund said the time fixed on by Sir Richard Mayne was three minutes, and this was not objected to so long as there was no complaint on the part of the public or the in habitants; but as regarded the starting-place, at the end of Manor-place, there was, in point of fact, not any starting place appointed, nor had there been any representation made to Sir Richard Mayne on the subject. The two cases were then entered on, and resulted in the defendants being ordered to pay the expenses of the summons, Mr. Norton remarking he hoped that some arrangement respecting the starting-place at Manor-place would be speedily come to, and that lie should have no more of these summonses. Mr. Binns sincerely thanked his worship for the kind and liberal judgment lie had given, and begged to place before him a memorial, followed by the names of .merchants, pro fessional men, and tradesmen, possessing property far ex ceeding one million sterling, approving in the highest manner of omnibuses by which persons were enabled to travel several miles for the moderate sum of twopence, while others of a similar description were charging three and four times as much for a less journey ; and if Mr. Lund would have the kindness to take charge o it, and place it before the commissioners, he would be doing a great service. This Mr. Lund promised, and the proceedings terminated. THAMES.—A CASE FOR THE BENEVOLENT.—Mr. Selfe handed to our reporter a letter he had received from Mr. Charles Dyke, of No. 6, Eaton-square, and dated Aug. 24,1858, in reference to the lamentable case of a poor blind boy, named Daniel Regan, which came under the notice of the magistrate some time back. The lad, a destitute and harmless creature, was in a smithy in Whitechapel whets a drunken and half-insane ruffian entered the place, took up a ponderous hammer and strcick the boy on the head with it, inflicting a severe wound and fracturing the skull. The boy was in a precarious state for some time, and upon his partial recovery gave evidence of the savage and unpro voked assault committed upon him. His evidence was con firmed by several witnesses, and the fellow who assaulted him was committed for trial, and ultimately Convicted at the Clerkenwell sessions and sentenced to a long term of imprisonment. Mr. Dyke in his letter states that the boy had been admitted into an institution for promoting the general welfare of the blind, 127, _Euston-road, as a pupil, and was already earning something for himself; but it was very trifling. The association had admitted tile boy into the institution and taught him a trade perfectly gratis, but had no funds for lodging or feeding him during the time he was a pupil. Mrs. C. Dyke had given £5, and a gentle man had kindly promised £1 more towards this end, and all that Mr. Dyke would ask now was that the magistrate would make the case known to the world through the me dium of the press, as it would be lamentable to fail in teaching the boy—who had displayed great intelligence— the means of supporting himself in his affliction, fur the want of a few pounds to lodge and feed him whilst he was receiving instruction for nothing. Mr. Selfe said he knew the case referred to by Mr. Dyke to be a most deserving one, and he should be most happy to receive the subscriptions of the benevolent to carry out the objects aimed at by Mr. Dyke. He was glad to hear that the unofiending boy bad recovered from the terrible wound inflicted upon him, and that he had found a refuge in the excellent institution of which Mr. Dyke was a promoter and supporter. Mr. Selfe also announced the receipt of 2s. 61., —" A mother's mite from Tunbridge-wells;" and a cheque for £1 from Mr. William Watling, for the benefit of Mrs. Spurling, whose husband, a recruiting sergeant, married her on the 9th inst., and, after ill-using her, abandoned her on the following day, taking with him a gratuity of £lO pre sented to her by the committee of the Indian Relief Fund, in consideraiion of her first husband, Patrick Readdy, hav ing been killed while serving with the army in India. An acknowledgment of the subscriptions was requested to be made in the journals. PRECOCIOUS VILLANY.—Henry Phillip, aged 16, and George Phillips, 13, were brought before Mr. Selfe charged with stealing £4 in gold and silver, the property of au old Irish couple named Sloane. It appeared that the old man Sloane, who has been in the army, and has received medals for his good conduct and bravery, and his wife, a laundress, and a very industrious and thrifty woman, were removing from 34 to 42 , J atnaica street, on Wednesday afternoon. Mts. Sloane engaged the boy George Phillips . to carry goods from one house to the ' other. While the removal was g oing on the elder pri soner proffered his s e rv i ces , and George Phillips said Henry Phillip was his brother, which afterwards turned out to be quite untrue. Among o ther goods removed_ i was a large box, not locked, conta i n i ng a quantity of clothes. The box also contained a tea caddy , a nd in tltowdelerre five half-sovereigns, eight half-crowns, a money, a soldier's medal, pawnbrokers'flori n, duplicates, an and other things. When Mrs. Sloane got to her new lodgings, No. 42, she took the tea caddy out of the box, unlocked and took out the 2s. piece in presen ce of the boys, and stud to the younger prisoner, " Come along', and pay you," and she changed the florin and gave him 7d., but did not give Henry Phillip anything, because she had not employed him. Directly afterwards her husband called her to pro. coed to No. 34, the house she was leaving. She was absent from her new lodging 15 minutes, and upon her return found the door of her room wide open, and missed the tea caddy and all its contents. Information was given to the police, and the boys were sought after and apprehended the same night by Webb, a police-constable, N 0.477 K. -The ease was put into the hands of an intelli gent detective, named Mills, 306 K, and he confronted the prisoners. The younger one said to the elder—" You told me to go and get the box, and I did, and I broke open the lid ; there were some papers and three half-crowns in it. I gave two to you and one I had myself, and I hid one half-crown in a yard." Henry Phillip said, "Yes; first you gave me one and then you gave me another, and said we would part that to-morrow." George Phillips then said he would show Mills qhe place where the tea-caddy was broken open, and took him to a place in Jamaica street, and said, "That's the spot where we broke open the tea caddy, and took out the old Irishwoman's money." The younger prisoner also informed Mills that he had given the tea-caddy to a boy named Rogers, in whose house it was found, together with a soldier's medal and a pencil-case which formed part of the contents of the tea caddy when it was stolen. Mr. Selfe asked if the gold had been traced ? Mills replied in the negative, and said that the prisoners made the most solemn asseverations there were no half sovereigns in the tea caddy when they opened it. Mrs. Sloane was sure there were five half-sovereigns in the tea caddy when she locked it on Wednesday afternoon. The prisoners pleaded guilty. A bad account was given of both. George Phillips was stated to be incorrigible. Mr. Selfe sentenced him to three mouths' imprisonment and hard labour, and to be detained four years afrerwards in a reformatory school, and his parents to pay half a crown per week for his maintenance. Henry Phillip was sentenced to four months' imprisonment and hard labour. THE WORKING OF THE SCOTTISH BANK• RUPTCY LAW.-GONE TO TOBERMORY. William Gill, son of Mr. Thomas Gill, merchant, Ply mouth, and sometime member of Parliament for the borough, was called to the English bar in 1851. He realised from his professional practice from £2OO to £3OO a year, and in addition his father allowed him £3OO per annum, making his total income about £6OO. He resided for some years at Bayswater, and latterly at Richmond, in Surrey, having chambers in Old-square, Lincoln's-inn. When so situated, he, contracted d e bt s t o the amount of nearly £17,000 to parties in England, and chiefly in London, and finding it inconvenient to meet their demands, he absented himself from this country, and went to the Continent in the month of August, 1857, where he remained till June, 1858, his creditors, in the meanwhile, knowing nothing of his movements. From the Continent he proceeded to Tober mory, in the Island of Mull, one of the Western Islands of Scotland, distant about 500 miles from London, and, owing to its situation, not readily accessible from the mainland. A week, at least, is occupied in the finest season in transmitting a letter to London and receiving a reply, such being the direct course of post. Having resided in this sequestered spot for 40 days, the period required to constitute a domicile, Mr. Gill made application to the Court of Session for sequestration of his estates. The application was granted on the 3d August current. The meeting of cte Mors to elect a trustee was appointed to be held at Tobermory on the 10th of the same month. Notice of the proceedings was published in the Edinburgh Gazette on the evening of the day the sequestration was awarded, but it could not appear in the London Gazette sooner than the 6th, nor he read by parties interested till the 7th (being a Satur day), or the 9th, being Monday ; so assuming that the bankrupt's creditors in England are in the regular practice of reading the official Gazette, it was next to impossible for them to prepare their affidavits, and forward them and their grounds of debt to the distant Highlands, in time to he produced at the meeting for choosing a trustee on the 10th. This arrangement suited Mr. Gill's views to a nicety. The meeting of the 10th was attended by a pro fessional gentleman from Edinburgh, who now acts as the bankrupt's agent, and this agent having produced two ' claims, with mandate , in his favour, was elected president of the meeting. The meeting then made choice of a trustee— Mr. Donald Fraser, merchant, Isle Ornsay, in the Isle of Skye, another of the Scottish Isles between 50 and 100 miles to the northward of Mull. The meeting at the same time grant ed the bankrupt a personal protection against arrest or imprisonment for civil debt for 12 months. Despatch being I desirable, the trustee applied to the sheriff to appoint a day for the public examination of the bankrupt. Wednesday, 18th, at Tobermory, was named for the purpose, of which notice was published in the Edinburgh Gazette of Friday, the 13th. This publication could not have been seen in Lou don till Saturday, the 14th, and in other parts of England till a later day. Notice not being required to be given in the London Gazette, it is believed that few, if any, of the creditors in England saw the intimation, seeing the Edin burgh Gazette obtains little circulation in that country except among official persons. One or two of the bankrupt's creditors being more alert than the others, howevea, became aware of the proceedings, and at great expense employed agents specially to prcceed to Tobermory to interrogate the bankrupt. Accordingly at the diet, which was presided over by Mr. Sheriff Robertson, there appeared Mr. David Crawford, S.S.C., agent for the trustee; Mr. Robert Crawford, S.S.C., his brother, agent for the bankrupt; Thos. Landale, S.S.C., anti Mr. Sproat and Mr, M'Callum, writers, Tobermory, as agentsrespectively for creditors. The bankrupt deported as follows :-1 am a barrister-at-law. I was called to the bar in 1851. I have not practised for the last twelve months. The average amount of toy professional income during the same period was about 8001. a year. I had no private estate or income, except an annual allowance from any father, which varied, and never exceeded £3OO a year. About six years ago, -fiuding that toy expenditure exceeded my in come, I commenced speculating in the funds and shares in public companies, with the view of increasing my income. In August last year I went abroad during the long vacation, and in my absence an execution was put in force by one of my creditors, Messrs. Masterman, bankers, London, and my books and papers were then carried off. I cannot give a detailed account of tie result of my speculations, which ex tend over a period of five years, but I may state that in one year subsequent to 1853 my father paid debts I had incurred to one broker fur losses the suns of £1,000.; another year he paid to another broker for losses sustained by me upwards of £BOO. So late as July last year toy father paid £5OO on my account to another broker. These sums do not include the whole amount of my losses on these speculations. 1 only applied to my father for assistance when I could not in any other way raise funds to meet the dem:list's arising from the losses I had sustained. I consider £B,OOO to be about the sum I owe to my father, upon making up a rough sketch of his advances to me. Ifinterest be calculated it may be more. This does Hot include the allowance made to me by my father. I promoted different public companies. I was a director in the Brighton Hotel Company, and lost about £2OO by it. I also was chairman of the Garnet and Mousely American Gold Mining Company, and held about 1,000 shares. They cost me about 17s. 6;1. These shares were in the hands of my broker, Mr. Bourdillion, who absconded from London when I was absent last year. In this way I do not know how much my losses in the mining company may have been, not being able to get information from Mr. Bourdillion, and my own accounts or books having been lest as already stated. It was in consequence of the absconding of Mr. Bourdillion, who discounted a bill of mine at IVlasterman's, that that firm put an execution in my house. Interrogated by Mr. Landale, for a creditor—The amount of debts due by me, as shown in the state of my affairs, is £16,750 18s., and the assets £662 3s. I ant a native of Eng land. My father is Thames Gill, a merchant in Plymouth. Ile was at one time member of Parliament for Plymouth. I know very little of my father's affairs, but I believe he ma nages a large company at Plymouth. This company is called the Medway Soap, Soda, and Alkali Company. I believe he has a landed estate purchased by himself, and I do not know whether or not it is entailed. I am not his eldest sots; there is one older than me. lam not aware that I have any right to succeed to any property whatever at my father's death. When I first commenced practising in London I bad a house at Bayswater. On the lease of my house at Bayswater expiring, I removed to Richmond, its Surrey, in May, 1a57. lam a widovier. I have six children. My wife died in November, 1857. I came to To bertnory in the beginning of June. I think the 11th. My object in coming to Tobermory was to go through the Court of Bankruptcy, as being much cheaper than in Englated. I came to Scotland for this purpose, partly by the advice of my friends, and partly because I knew myself it would be cheaper. I state the matter thus—my friends advised me to go through the Court of Bankruptcy, and I chose to do so in Scotland myself as being cheaper. I have only one Scotch creditor. His name is James Usher Dunlop, of Leith. The amount of his debt is £65 sterling. His name is in the state of my affairs, but not as a creditor. The reason why lie is not stated as a creditor in the state of my affairs is, that he holds security for the debt, namely, the pictures mentioned in the state, and which I value at £2OO sterling. It was not for the interest of a creditor that I came to Scotland to go through the courts here. I receive letters here on Tuesday, Thursday, Friday, and Saturday. Ido not know the course of the pest between Tobermory and London. I do not know the distance between Mull and the mainland. I am not acquainted with the trustee appointed by my cre ditors; I have never seen him. I had a marriage settle ment. It is in the hands of the marriage trustees, who are Robert Charles, merchant, London, and the Rev. John Williams, Wigington Rectory, near Banbury, London. My wife's name was Fellowes, daughter of Sir Thos. Fellowes, Admiral in the Navy. I have some policies of insurance on may life—one of £5,000 in the London Equitable Insurance Company, secured to my children by marriage settlement. There is also one on my life for £l,OOO, and another for £5OO, but I have not kept them up or paid the premium for two years. The Caledonian has the £5OO, but for the present I forget the name of the other. Both are in the hands of creditors in security for debt. The one for £5OO is in the hands of Cook, money-lender, Warwick street, Regent-street, London, and the other in the hands of David Paterson, of tier Majesty's Pay Office, a coeditor for £1,300. lam quite sure I have not paid the last premium due on either of these p olicies. There is a regular tn the assignment i a none to of Cook,the p andicy to Paterson, that h e hol holds but the i policy rather of £250 for which ha merely as collateral security for a marriage m e , in latelyth e executed hands of mat u , end ed previousthi this as assignment g t n o m eat bseiltlilem9entpotlriucystefoers.sio.o2avise trus tees in fulfilment of a covenant in my marriage settlement assignment of this policy to my marriage settlement. aetnnteeereldeointotol2reaytedaersi in Tobermory, date of my application for sequestration. It was a short I exee . o time before the 3d August. The deficiency, as sho wn i n t h e state of my affairs, of £16,0 3 7, n s. arises from losses on speculations and excess of expenditure over income in my family.de n excesso f E d ur ing 12 years. I consider that o f t h e £13,000 arose from losses on speculations. I think housekeeping i. 6000, m y papers, if found, would fully account for £lO,OOO or £ll,OOO of losses in speculating during the la s t fi ve or s i x years. I remember incidentally a loss of £2,000 in one year o n Riga and Dunaberg Railway shares. I dealt with Ri tc hins and Harrison, Frederick Torre ns , Si r J o h n East hope, and others, all whose accounts were among my papers w hen removed. These gentlemen are a ll s h are b ro k ers resi dent I in of London.eo expenditurensi d e r T iv h i e or v. r eeßrs Bourdillion o er f do m i y o fnodebts in th eniy I maintenance adcecbotuntot the for heef mb ex tentyy 1,000. I look upon this debt as bad its consequence of the debtor's flight to Mexico. I had no carriage or mats servant when I lived at Bayswater. The pictures in the hands of Mr. Dunlop, Leith, were deposited in June leet, and are two in nufnbe r , an d were given in security of an advance. These pictures were sent by Mr. H. H. Hand, a solicitor, in Bedford-row, London, to Mr. Dunlop in June last, at my request. I have no receipt from Mr. Dunlop for them. I had 1 , 000 shares its the Castletown Copper Mining Company, which I bought at £1 a share. Some of these were in the hands of Mr. Bourdillion before he ab sconded, and 400 or 500 are in the hands of the Rev. John Williams, in security of an advance of £4OO made by him in 1857. I got £350 from James Charles, Bishopsgate-street, London, in cash, less di'count at £5 per cent., upon a bill of £3OO which he holds of mine. The further examination wes continued till M or,day, the 236 current. • The adjourned examination of William Gill took place at Tobermory on Monday, before Sheriff Robertson. He de- Poned , —The rent of my house at Richmond was £136 a-year. I paid £159 12s. 6d., or thereby, of yearly premiums en dif ferent policies on my life. I took the house at Richmond in May or June, 1857, and went abroad in August, leaving my wife and family in that house. I was not in difficulties when I went abroad. All the debts I have given up were incurred previous to my going abroad • but only a few of them—l would say only Masterman's—hadi fallen tine then, exclusive of my father's. When I went abroad, I took £5O with me, my intention being to remain six weeks. Having remained longer, I drew on my bankers, Glyn and Co. I was not present when the house was given up, or at my wife's fu neral, being in prison on the Continent at the time in conse quence of having become cautioner in a bond for £3OO, and the principal avoided his bond and left me to pay it. I was on my road home to be present at the opening of the courts when I was apprehended. After I had been some time in prison (my wife having died when I was there) my father sent me enough money to release me—that is, he paid the bond. The facts of this transaction are these :—I met Mr. Brewnlow North abroad. He had his family with him, and told me that he had no money, and that unless I lent him he would be taken up. I went security for him, and on his leaving without paying his debts I was called on to do so. I g,ranted his creditors cheques on Glyn and Co., but in con sequence of Bourdillion's having absconded, a bill of £750, which he had given me, and which I had cashed at Glyn and Co.'s, was not taken up when it fell due, and my account with Glyn and Co. was closed, and my cheques returned dishonoured. I was taken up in consequence, and impri soned until my father sent me money, which he would do only on receiving North's securities to me. I believe North is now in the Queen's Bench Prison at my father's suit for this debt. The cheques I granted on North's account moms tto £320, for which he gave me a bill. This bill I tent my father, and he sent me £320 against it. This enabled me to get out of prison. The £92 ss. in the assets against North is exclusive of the bill for £320 ; but he dis putes this, and being bankrupt I do not think this is a good asset. Bete een Aug. 1 and the end of November I must have drawn £BOO out of my account at Glyn's. On recon sideration, I lost nothing by the Brighton Hotel Ca'mpany. I am indebted to the company the £l5O set dowu in the state of my affairs. Besides the companies mentioned in my examination on the 18th, I took much interest in a Sub marine Telegraph Company to America and India. I was under a contract to bring out the company before May 1. 1858. My absence on the Continent and the disorder of my affairs prevented my fulfilling the contract. If I had ful filled it I should have realised £lO,OOO. The con tract has now expired by fluction of time. It is in the hands of Burcham, Dalrymple, and Drake, solicitors, Parliament street, Westminster. I spent a great deal of money in attempting to get up this company. This company bad no connexion with any other company. .My debt to Mr. Dunlop, Leith, has been contracted since I came to Scotland. Of the £65 due by me to Mr. Dunlop, as men tioned in my former examination, I have received £3O since the date of my sequestration. This sum was partly applied to pay the expenses of the sequestration, through my agent, Mr. Robert Crawford. I have already paid Mr. Crawford £25, and lam under promise to pay £2O more.. lam a member of the Society ef the Inner Temple. My chambers were No. 8,01d -square, Lincoln's-inn. I have lost no money by cards or bets since I was called to the bar. I do not know the distance between Toberwory and London. I do not know the distance between this and Isle Ornsay, or the distance between Isle Ornsay and London. I do not know how many steamers pass to Skye weekly. It is impassible for m e to say what I may have invested in pictures from first to last. I think those I have now cost me about £4OO. The trustee has appointed the next meeting of creditors to be held at Isle Ornsay, on the 26th August, a distance of about 600 miles from London, and which cannot be reached with ordinary expedition in less than four days, and even this is dependent on the state of the weather. At this meet big the bankrupt may offer a composition to his creditors, and ultimately a discharge may be procured. In the mean time, the bankrupt has procured a personal protection, en abling him to return to the south. On the same day as Mr. Gill, Mr. Carel Augustus Curwood, formerly solicitor, No. 43, Jerrnyn-street, St. James's, London, appeared before the sheriff, at Tobermory, and, having answered a few for mal questions put to him by the agent, he took the statu tory oath, which closes the examination. The next meeting of this person's creditors is likewise to be held in the Island of Skye, on the,26th inst., iu a village called Bradford. — Scotsman. COUNTRY MARKETS. BIRMINGHAM CORN-AuG. 26. At our corn exchange this morning there was a fair sapply of wheat. There was no activity in the trade, and prices remained about the same as last week. Barley a slow sale, and unaltered in price. Oats nearly maintained their value. Beans again dearer• Peas as before. MANCHESTER CORN-AUG. 26. At our exchange there was but a moderate attendance of dealers, and the supply of wheat was good, both of English and foreign, and in fair request at this day se'nisight's extreme prices. Flour likewise supported the rates of last week, but a limited sale. Other articles call for no particular observation, prices being firm, with a consumptive demand. BOSION CORN—Auo. 21. iThe attendance of dealers was somewhat small, and although the show of samples of wheat, chiefly new, was rather meagre, it was equal to the demand. Oats held firm, at previous rates. All other articles as before. Prices—White wheat, 43s to 47s ; extra, 485; red wheat, 4is to 475; old, 38s to 45 ; barley, —s Od ; beans, 446 to Ns ; oats, 2is to 306; peas, 40s to 16s. EDINBURGH GRAIN-AuG. 25. A fair supply of grain to-day. Sales rather heavy, and prieee much the same as last Reek. AVERAGES. Wheat £2 3 11 2-12ths I Barley.. £l 10 3 5-12ths Ditto new........ 2 1 5 8-12ths I Beans 2 9 6 0-12ths Oats 1 7 7 2.l2ths DERBY SMITHFIELD—Aun. 24. Our market was poorly supplied with fat stock to-day, principal from our own county graziers, Liverpool, and other markets. The demand was good, and a clearance easily effected. Sheep and lambs in large numbers, with but few buyers at the price asked and some few lots left unsold. Fat calves were more plentiful There was a good show of fat pigs, which dis were readily posed of, without alteration in price. Beef, per lb 6d to 6111 I Mutton, per lb 6d to 60 Lamb 71d to ad I Pork 4id to 5d Veal ld to —d I Rough fat, per stone 48 6(1 LOCAL SHARE MARKETS. LIvERROOI„ Aug. 26.—The market was flat to-day, but advanced during the day, closing firm, especially for Midlands and Grand Trunks. Birlienheads, 67 B—Blackburns, 11.1 3—Berwicks, 931 Eastern Counties, 121 I—East Lancashire, 03 I—Great Western. 50* I—Laneashiro and Yorkshire, 911 ea div.—London and No rth Western, 93 I—Sheffield, 34 I—Midland, 97 ;—Caledonians, , 21 —Dovers 21 9- 6 /—Dutch Rhenish, 4 31 * dis.—Grand Trunk of Canada, 91 4 a —Great Western of Canada, 171 I—Leeds Northers, 451 6—North British, 53 , 41—Chester and Holyhead. 35t 36f York and North Midland, 724 MANCIIESTER, Aug. 26.—There was more demand, and a good eneral business was done, at full prices. Grand Trunks were ex tensively dealt in, and closed at 9 9-16. Midlands, 97—Leeds. Sheflields, 34—Dovers, 21 9-16 —Canadas, 171-Blackburn Pref., 271 —Chester Gwranteed, 19. • BIRMINGHAM, Aug. 25.—There was a brisk business done in this market to-day, at rather lower prices. South Staffords were done at 101 —Birmingham and Stour Valley, 8 81—Great Westerns, 501 —Midlands, 661 68—Birmingham and Derby, 68—Great Westera Birmingham Guaranteed Stock, 73. [ADVERTISEMENT:] —SIGHT AND HEARING.—SPEC' TACLES.— POWERFUL TELESCOPES— OPERA, RACE, AND PERSPECTIVE GLASSES.—S. and B. Solomons, @pa' cians, 39, Albemarle-street, Piccadilly. Observe—opposite the York Hotel, W. By her Majesty's Royal Letters Patent for valuable and extraordinary improvements in the most p er ful and brilliant Telescopes, Camp, Race-course , Opera, and Perspective Glasses, to know the distances. These Telescopes possess such extraordinary power that some, three and a half inches, with an extra eye-piece, will show distinctly Jupiter's moons, Saturn's rings, and the double stars; with the same telescope can be seen a person's countenance three and a half miles distant, and an object from 16 to 20 miles. For the waistcoat pocket, and are of larger, and all sizes, with increasing powers accordinglff• The Royal Exhibition, 1851.—A valuable, newly-invented , very small, powerful, Waistcoat-pocket Glass, the size of a walnut, by which a person can be seen and known one and e half mile distant. They answer every purpose on the Race; course and at the Opera-houses. Country scenery and ships are clearly seen at 12 to 14 miles. They are invaluable for shooting, deer-stalking, yachting, to sportsmen , gentl men, gamekeepers, and tourists. Opera, Camp, Pero speclive, and Race-course Glasses, with wonderful powers. —lnvaluable preserving Spectacle Lenses of the greatest transparent power. The great advantage derived from this invention is, that vision impaired becomes preserved and strengthened and very aged persons are enabled to em' ploy their sight at the most minute occupation—can see with those lenses of a much less magnify i ng p ow er — and they Or nut require the frequent changes to the dangerous effects 0, further powerful assistance. Persons can be suited at the most remote part of the world by sending one of the glass es out of their spectacles in a letter, and stating the distance from the eye they can read small print with it, and thos e who have not made use of spectacles by stating their ag e ' lleafness.--New Discovery.—The Organic Vibrator, an Or : traordlnarily powerful, small, newly-invented instrume nt for deafness, entirely different from all others, surpassleg anything of the kind that has been, or probably can be pee' duced Bein of the same colour as the ski, is not percer tible.. It enables deaf persons to hear disti n nctly at church and at public assemblies; the unpleasant sensation of singing noises in the ears is enirely removed, and it affords all the assistance that possibly could be desired.-39, the assistance Piccadilly—Opposite the York lintel, W. BIRTHS ADDINGTON.—On the 25th Addington, ord Vicarage, Bedfordshire► the wife of the Rev. Henry of a son. BIIICH. — On the 23d inst., at Wretham Hall, the wife of Laurence Birch, Esq., of a daughter. Biss.—On the 24th inst., at 15, Alexander-street, Westbourne•Pary' the wife of William H. Biss, Esq., of a daughter. STEWART.—On the 22d inst., at Langhouse, Renfrewshire, the wi fe of James Stewart, Esq., of a daughter. WHATMA N.—On the 24th inst., at Vinter's, the wife of J. Whatrato i s Esq., M.P., of a daughter. 3IARRIA.GES. CAMPBELL—BUCKLEY.—On the 25th inst., at St. Mary's, Moorfielag: by the Rev. Daniel Gilbert, Capt. John Campbell, to Eliza, the late Mr. Richard Buckley, of Middleton, co. Cork. CLARK—DnowN.—On the 21st inst., at St. Philip's Church, Dalsto3.: by the Rev. W. Beck, William Henry, youngest son of the* late Clark, of Dalston, formerly Lieutenant in the 4th (or Sings Owl"; Regiment, to Mary Elizabeth, second daughter of Mr. Geo r6- Drown, of Dalston. Th 131 TREVENEN—GRYLLS.—On the 24th inst., at Waled Church, . the Rev. Charles Noel Mann, rector of Slaw an and St. Martin. Cornwall, William Trevenen, Esq., to Harriet Millett, young daughter of the late Humphry 31illett Grylls, Esq., of Bosahau , tho county of Cornwall. relict of DEATHS. AsnwELL.--=OO the 23d inst.. at the house of her brotter-in-laW , d Upper Wimp°le-street, Cavendish - square , D o r a Ellen , thir t daughter of the late Samuel Ashweil, Esq., M.D., of Brook-Str ee Grosvepor-square, aged twenty-three. BACIIE.—On the 24th inst., at the house of his father, Frederi c ,, l '* - street, Edgbaston, Birmingham, Francis Edward Bache, aged .twenty-five. ME ILEDITII.—On the 4th inst., suddenly, Major Charles Bt too Meredytb, aged seventy-eight. - MILLER.—On the 2Sd inst., at Shore-place, South Hackney, An „f Augusta, relict of the late Mr. Henry Miller, of the Bang England, aged eighty-five. IVAPSITARE.—On the 22d inst., at East Hendred, Barks, the Rev,' e, Wapshare, Rector of East Hendred, and of Sproatley, Yorks h. aged eighty-two. WARD.—On the 23d inst., at IS, Randolph-road, Maida-hill,DoUg l6gs second son of Newman Ward, Esq., aged nine. lt- WESTON.—On the 25th lust at her residence, Upper Brunsvf-c r place, Brighton, Frances Diana, widow of John Weston, Lower Thames-street, aged seventy-three. Witir3.—On the 21st inst., Martha, wife of Capt. John White, Beal!: mont-street, Mile-end-road, formerly of Burr-street, Aldgate, ag ed forty-nine. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Sun Office, Dr°' 112, Strand, in the Precinct of the Savoy, in the coital of Middlesex, Friday, August 27,1858. .1