The Daily Times.
Liverpool, Merseyside, England, 1860-12-20 00:00:00

BIRKENHEAD COMMISSIONERS.

TIIE WINTER &MIZE&

CROWN COURT.—YESTERDAY.
(Before Mr. Justice KEATING.)
SENTENCES.
John Robinson, a returned convict, and George
Robinson his brother, who were found guilty, yesterday,
of a violent assailli t:ipett the &lice at l'te*tori, en the
21st of AugUst lait; were sentenced; the former to penal
servitude for life; and the latter CO two years iniprison-
ment with hard labour.
William Leniai-d 08)
giiilty; the,advice
of his douilsel, to at Li+erpobl, kin the 16th of
Noltelnter lasi, canna unto one John luinn a certain
bodily harm, dangeious to life, with intent to kill and
murder him. Several witnesses were called to prove
the powerful influence drink had upon the mind of the
prisoner when taken by him, and who was, consequently,
compelled to be a teetotaller, but had, upon the day the
crime had been committed, to which he had pleaded
guilty, broken the pledge, and commenced drinking
heAvily: The prisoner *as sentenced to four years'
Thomas Simms (21), who had pleaded guilty to a
charge of burglary in the house of Richard Astley, at
Bolton, on the 3rd of November last, was sentenced to
eighteen months' imprisonment With hard labour.

A special meeting or these iniprotemeitt donilpssioners
aij th,efe Was a
was: held- ette.rday, ,In. the P:ubli-oflicesi. Hamilton-
gootla-:ea'ttettMda.ncjetiOliftithle amliediribtierrseri..ided."),
atthatthe
iiiceomthmeeenicieemg commencement
been
proceedings;Th e
sgtaAtll'
-the -propose _town-11a..
cailetl tti dnto
ttsidieeiratlotirktioitiewcsdil..bjebt
itoef
would briefly bring the matter before the board, and
leave it to take what course it pleased.: The proposed
Site for the Torun-hall was Hamilton-stjuare, in which
there are 03 honses: if the protkisal :were to be carried
eat he hellOed that tile OWIIOI tlf pidtleity iii the
would get considerable benefit, as the centre of
it, instead of being in the almost discreditable state in
which it now was, would be kept in order by the com-
missioners. If a Town-hall were built in the centre of
the square he could not help thinking that the property
surrounding, Would be Much iniprovel Some things
might be objectionable, lant in Etny bargain or tratiSa€tion
of this kind both-parties had to" put up with something.
.SO far as, his own family were concerned he would be
tluite thai the thing shMild
,gO on; provided the
to riimisM.on6is take it tip. With -go
to the, owners
of the property some of them had been seen and Others
had not, but he believed that if the commissioners decide
to go on, there would be little difficulty in getting the
consent Of the *hole of them. He would suggest
that the. Centre be devbted id Et. large. public office,
piiblio library, and a large tooth far 'dill@ meetings;
and he, thought it might he so arranged that a
building could be got up which would combine these
advantages, leaving large room for future • extension
es the town increased in population. It had been stated
that no building could be put up for less than £40,000 or
£50,000 ; but he believed it could be done for £20,000 or
£3,000. The town was now in that position that the
want of a large building for public meetings was much
felt. An attempt had been nude to go oil With the
Music Hall, but he did not think it was still going on.
The town now contained 30,00 d or 40,090.,pe0p1e, and
the poptilation Wits tepidly incredaing ; indeed lie did
not know any other town of the same impottade in the
'country which was without some building or other. As
to the manner of raising the £30,000, it could be done
by having a maximum rate of 2d. in the pound. In
1859 the amount of rateable property in the township
was £144,000, a rate of 2d. upon this would produce
£1,200 a year. He did not think the would begin the
building within the Next fire years; acid thEtt would give
time for the township to advance in rateable pfdperty.
He himself thought that id. in the pound would be
found sufficient, .but he had thonght it better to fix 2d.
as a maximum. Another condition would be the dis-
posal of their own land on the other side of the terrace
which was held tinder testiintion. - He thought the
parties holding those restrictions should agree to with-
draw them, and sallow "the'land' to be sold by the com-
missioners. It would only-be fair that that should be
done, as it would at ()nee .releaSeihUt piece of land, and
would, so far, be benefiCial to the township. Individually
he had no wish- to Bee this, carried :out ; . one of
the largb owners of property iii the square had
signified his intentention of not opposing the Wish
of the board, and he (Mr. Laird) .was in: their hands.
If the commissioners thought it undesirable to go on
with this, he did not press it. The rate was a question
for the ratepayers, and it was for the board to say
whether it would go on with the project, and take the
opinion of the ratepayers before lodging the bill in
Parliament, or whether it would decline putting its seal
to the bill. His own impression was, that would be
well to consult the ratepayers, of whom, no doubt, many
were favourable, and some perhaps, opposed to the
scheme. If a rate were levied, he would, individually,
ho as great a sufferer as anyone. The board was at
liberty to act as it pleased. If it decided not to go on
there was no loss- to the town or to itself.
Mr. Coot asked in what time these offices would be
taken ?

The CHAIRMAN replied in five years.
A commissioner asked whether it would be imperative
for the town to commence the erection of the building
in five years ?
The CHAIRMAN said it would be then time to do
something.
Mr. HARRISON opposed the proposition. He said
Birkenhead was just coming out of a mess, and he
thought it was bad policy on /heir part to go for any-
thing that would increase the rates of the district,
without the consent of the landlords could be got, and
the board could guarantee that it would go on with the
Town-hall. In the meantime, they would have to keep
up the gardens, and although that might be carried out,
lie did not think they had, at present, sufficient money
to go to Parliament. There was scarcely sufficient
money to keep some of the roads properly, and he con-
sidered they should look to those things before going
forward for any increase in taxation. The ferry itself
was very expensive, and was now becoming more so.
This would, of course, have to be borne by the township.
If the hoard gave time for the ratepayers to hold a
meeting, and a large majority of them chose to be
taxed, he would not think of opposing.
The CHAIRMAN said the question now was about
depositing this bill. Before the bill was proceeded with
there ought to be a meeting of the ratepayers, and it
was for them to say whether they wished to adopt the
bill. If they did not wish the Commissioners to go on,
he had no objection to the whole thing being quashed.
If the owners gave up the property to the town, they
would require some definite time to be fixed for going
on with the erection of the building.
Mr. HARRISON thought it would be better to post-
pone the question for twelve months.
Mr. M‘Gim. concurred in this view.

iotiert tettin (26},. described in the calendar as
imperfectly instructed, was charged with having, at
Pendlebury, on the 24th of October Wit; feloniously
assaulted Eliza Ash, a little girl only ten years of age,
and violently against her wish committed a rape., upon
her. Dr. Wheeler, Q. 0., assisted by • Mr. Higgins,
appeared to prosecute ; the prisoner was defended by
Mr: Pope: Theiproseci,itrix, Who is employed at Megsrs.
Armitage's Cotton factory, iiear Peridlebiry,Wris
home froni, her work bet*eeli seven ancl,eiiht 94,004
onttlig,na'ght,in 4i es way of footpath along the
rivr Side; and bounded by some fields; 4iien' as allege,d
oil behalf of the prosecution, the prisoner, *ho is a Mai-
ried man with a family, overtook her, and began asking
her some questions about a man whom he said had
passed; but the child, observing that he was in drink,
ran away towards the residence of her parents as: uickly
as she could. The prisoner followed her, and on again
overtaking her he threw her down; and committed the
clArge impUted, him. The, little gixl ran how erytrig
and told her trinftadther W 1 11 01 o'cCurred: She
imiribdiatelY informed the W
Of the eircunistatide,
who, on making inquiry, found that the prisoner had
been seen by several witnesses coming from the direc-
tion of the fields at the time the offence was alleged to
have been committed. He was apprehended, and on
being brought before the prosecutrix, she immediately
identified him as the man who had assaulted her. The
prisoner-was found guilty of an assault with intent, and
senteneeci to eighteen months hard labour:
BURGLARY WITH TidLENdg AT &BR-DARWIN.
John Doran (20), cad read, Thdnias Atkinson (22),
iniperfectly ifistrdeted, And John Warden can
read, ,tree. desPerate-lodking CliaraCCers, Were<ellarged
With having; at OverLDarwerl, on tq Oat of Nelitmber;
biirglariotisly broken and entered the dWelling-hOiisti of
John . Singleton, with intent to steal the goods and
chattels of the said John Singleton; and with then and
there feloniously 'assaulting one Agnes Singleton, with
intent 'to kill and murder her. Mr. Hay prosecuted;
Mr. Pope defended the prisoner Warden ; Mr. Torr was
counsel for Atkinson ; the prisoner Doran was not re-
presented by Connsel.=-Mr. flay stated the circumstances
of the case; and afterwards called etidente to prove
his strittrilenti The idioAeciitoi, who is an old nian
apparently 60 years of age, is a small farther residing
with his. Wife, upon a farm knoi'n as Stepbank, a house
standing in a secluded part of the hills, and distant
about two and a half miles from Over-Darwen. The
situation of the house renders R Very bellutifiil. during
the slimmer months,itrid is greatlf frequented by pie-nit
partieh Min all parts Of the district, Who invariably
secure a large room on the ground floor of the house, to
have tea. It appears that about nine o'clock on the
night in question, the prosecutor and his wife retired to
bed after fastening the premises) and soon afterwards fell
asleep. About two hours after going to bed; the old woman
iVria wakeried 14 a noise &Jam stait. , She instantly
roused husband; whli lighted thb. Candle, afid was in
the act of looking at his watch, td see the time, wheilthfee
men entered the room, armed with a gun and a hammer,
and after extinguishing the light, and throwing the bed-
clothes over his face, demanded his money, and threatened
to blow out his and his wife's brains. The prosecutor'
handed them hiS waisteoat, which contained 17s. 6d. in
silver; and, after securing the money, they again went
down stairs, and bottimenced searching the horse; but
not being stietesstal in .finding anything of value, they
returned iipstairi• and In é nieriacingnianter told the
old woman they' het file mithites to
pray if she did not produce some nfo'fn ill.thret. The old
woman being frightened that they would carry their
threat into aectition if she did not comply, told them to
look in her dress pocket, and they would find a £5 note.
They still& tier a severe blew across the face, and then
got the dress and the note ; and after Come more dnsue-
beisful attempts to obtain some more niorieli they
proceeded doWn stairs, where they got a gill
bottle Of , whiskey, and, after further examination
through the house, left: The old people would identify
each of the men. But he would net leaie. the cafe
upon their testimony; but would prove that hetrfeen
eight and nine o'clock on the night in question the pri-
soners were at an inn in Over-Darwen drinking together,
and at that time stated that they had no money, where-
upoli Atkinson's mother pulled out a shilling and paid for
the drink ttie lidd ,th'deted. girt shortly after the outrage
had been committed, it. 'Would lie sthoUin in evidence,
that the !prisoner Doran had a quantity 6f silver upon
him; and; Meeting With a fellow-lalietirer mined John
isliglitirigaleo he treated him several times to drink be-
fore they sePgfated; gdie Mtn sense nioneY to save
for him until the following itiofilingi ail also told
that he and Warden and Atkinson had that night been
at Old Hag's (a nickname for prOsecutrix) with their fades
.aiikeiied, and lied there got a £5 note and some
lloose money. Thy; other trio prisoners were seen in a
state of inebriety at a lidefikinse, kept by a female
named Cotham, at Over-Darwen, Vies delock on
the morning after the robbery, draining the coniefila Of
a bottle of whiskey, exactly corresponding with the
one belonging to the prosecutor. On the following day
Atkinson had said to the landlord of the house where
he has lodging that he " need not be afraid of his
Sloping 136 the way some of the other lodgers had
done, because he had plenty of money." He then went
upstairs, and on coming doWn again reniatiked to the
landlord, i3einard Sheridan, that he had plenty of
Ifidnek; ,ds his , nucle had giVen him £2O, at the'
same time Wading tiff' sovgeigns. It would
also be shown that the pnsonet Warden had been to
his father, to whom he owed a debt of £2 ids', and teu-:
dered a a note, similar to the one stolen from the pfct-
secutor, in payment, and received the change.
.0a infor-
mation of the robbery being given to the police, Inspector
M'Donald went and made an examination of the house,
add finding several footmarks near the back part of the
premises,' where the attain had been effected, com-
pared them with the boots of Doran and Atkinson, and
found them to exactly correspond. Mr. Toff, in address-
ing the. jury on behalf of the prisoner Atkinson, still-
mitted that they had no safe opportunity to enable them
to folloif the old people in the oath they had taken-as to
the identity of' the prisonef, inasmuch as it was stated
that the very instant the meri entered the light was
extinguished, and -there being no other light in
the room, by which they might have been
assisted in the identification of the prisoners. Doran
also made a short statement to the jury, after which Mr.
Pope stated at some length the defence for the prisoner
Warden, and donitherited upon the evidence.—His
Lordship summed up, pointing old the most material
points of the case. The jury found the prisoners guilty,
the foreman saying that the jury had agreed to recant-
Mend the prisoners to mercy, because they did not be!
lieve that they were regular housebreakers, nor did they
think they were habitual thieves.—His Lordship inter-
rupted, and observed that that was a question for the
Court. Previous convictions of felony were proved
against the prisoners Atkinson and Doran. His Lord-
ship eipressed his entire concurrence in the verdict, and
sentenced the prisoners Doran and Atkinson to 20 years'
penal servitude ; and Warden, against whom no previous
conviction was recorded, to 10 years' penal servitude.
The Court rose at half-past seven o'clock.
It was expected that the case of forgery against
Richard Woodward Powell would have come on to-day,
but in consequence of the voluminous evidence in the
last case, it was found impossible. •

• Mr. Coox thought the owners had better be consulted
first. He would not agree to tax any ratepayer in
Birkenhead without taking his opinion. He did not
think it should be decided by a mere holding up of the

hands at a meeting, but according to the rateable value. to Mr. Richardson, the Manchester agent of the Inter-
Mr. RAE said that one of the owners had intimated national Life Assurance Company of London in the city
his intention to oppose the bill at every stage. In such of Manchester, for the loan of £l5O, under a life policy,
a case they would be put to a very great expense, and which he proposed to obtain on that account from the
it might be that at the last moment the bill would mis- society. It has been the custom of the International to
carry. He did not think the board was justified at the advance money to persons who became policy owners, on
present time in laying out any money which was not collateral security for repayment of the interest on the
absolutely necessary. A gentleman of large property principal sum borrowed, the regular payment of the
had told him that the first question gentlemen asked in premiums due annually upon the policy and the other
coming to look at a house in Birkenhead was, what is security. The learned counsel stated that the office Wag
the rent ? and the seoond, what Are the rates ? He not singular in this particular, although one of the first
thought that by now increasing the rates they would to recognise the principle, Negotiations were entered,
in all probability check the growth of the township. He into, and Harrison having been previously informed °
also thought it would be more prudent not to go any the different modes by which he might execute his par.
further with the matter this year. pose, chose to effect a policy for the sum of £7OO on the
Mr. Hminisorr said that by so doing they would give halfpremium paymentprinciple,which enabledtheins95
fired
r
time for a conference with the proprietors. whose premiums amounted annually to £iso, to pay •,,
Mr. HIND said it was no doubt true, as the chairman only, the remainder being deducted from the amount 01
had stated, that a rate of 2d. per pound would secure the policy at his death ; and proposed a collateral
£1,200 a year in the gross. But in calculating the security of one-tenth of a reversionary interest of an
actual value of those rates it was necessary to deduct estate to which his wife would become entitled at the
one-fifth from the gross, lie did not believe a respect- death of her mother, Mrs. Cooper, Mr. Pointon becoming
able building could be erected for less than £OO,OOO ; security. At length Harrison refused to pay the pre-
and when .the ratepayers considered the matter, they mium and interest, and application was made to 31r.
would probably hate to make up their minds for a rate Pointon, who paid them on one occasion, and when the
`of 6d. instead of 2d. If they agreed to that of course application was repeated in June of this year, b°
further steps could lie taken. . requested the office to receive the principal. After some
Mr. Cddk suggested.that before further steps be taken consideration, the office determined against their usual
the opinion of the majority of the ratepayers be aster- custom to receive back the £l5O, provided the prerain°
tained. He accordingly moved a resolution to that effect, for last year were paid also. Mr. Pointon refused t°
which was seconded by Mr. Willoughby, and carried pay the premium ; hence the action. A long list of wit'
unaniniottsly, nesses was called, and the case occupied nearly the whole
This being all the business the meeting terminated. of the day. Mr. Harrison and Mr. Pointon affirmed it W
--6 understood; *hen the doctitlient was draWn um, that it
was stipill,ited that this iirintial niiglit he paid by OP
defendant, or recalled in by the plaintiffs on sii Moil(
notice being given on either side. Mr. Pointon further
swore that Mr. Richardson led him to understand that it
was so, and he signed the deed, without, however, reading
it, or having it read, on that condition and that only. A
document was put in by the defendant purporting to be
a copy of a letter sent by him to the office in Ma},
stipulating that they would
.be obliged to receive the
principal back after six months' notice. Plaintiffs,
on their part, stated that such a letter was never re
ceived by theitt, and their counsel suggested that it Was
a fraud: The jtiry. tetttrricd ,u Verdict for the pinintiti
far the *hole amount claimed.

LIVERPOOL POLICE COUItT.-YESTERDo•

(Before Messrs. Ancirr, MILLS, and G. MELLY.)

CURIOUS CASE ABOUT ANDY CARNES'S WIFE.
Andrew Carnes, a foreman fitter in Jack's found*
was charged by Patrick Caldwell, a man in the same
employment, with having illegally pledged a jacket,
muffler-rand other things for His: Mr. Gluck appetite°
for the prisoner.. The fact of the pledging was admitted,
but it was sought to be justified after the following
fashion. The prosecutor 1°4.0 with the prisoner i°
Paget-street, and the latter came to the conclusion that
Mr. CaldWell had a great affection for his wife (described
uttdgdiii6 that she illegal
reciprocated the feeling. This dfsdol;Ci+, bf
not calculated to improve either the feelings or temper
of the prisoner. However, the following cross-examitia'

tion of the prosecutor, by-mr. MUCK, WILL uesau L...., •
illumination on this affaire die cceur or the loves of the
angels of Mrs. Carnes and Mr. Caldwell. Mr. Bluelti
(to prosecutorink f~ahoitl~ Do you knot the, prisoner's wife;
*hert lodged With lief, Did ton he*
litter very, pargcnlarly 3 Witness The prisoner thongb)
so, at , all events. ,Air; Pluck :,But were you, sir ? ;
can't tell
,yob; Mr., Pluck :..Did, you run away with
her, ? Y9n. walk; away yroith ?,
ynti ga arnl tritht htt! Nq. Did!yOu drive aferap with
her ? No. Mr. Pluck i How did. tea go With be
then ? Witness : She went away, and I went aftei' het'
(Laughter.)' When did you see her last ? This morning:
Where? • In Scotland-road, Was it by appointmeaV
Yes. Mr. Black : Were you ever caught in her bedroom;
Well if 'Went to bed drunk and that she came to me, hey
podlc~ help it. (Laiighter): Uh fttrther efaminattou
the :ivitheis ,admitted thet,lle,Ofteti gave the jacket ,
giberthirlga td the Prisoner's wife to Plec(ge., ,Th
pawnbroker who took the PidPefif, Plaid the Prisoni
told him to whom it belonged, and that the proseentoi
had run off with his wife and taken everything except
the things pledged, and he pledged them to get food'
It appeared that the prisoner sent the ticket of the
articles to the prosecutor. Mr. Pluck then addressed,
the bench and called a female who proved beyond so
doubt that the loves of the prosecutor and the prisonde
lidndsome wife took a tarn other than that of platonic,
and she stated that the prosecutor aften gave the jacket
Arid &lief prdPetty td be pledgSd by the wife. Tkie
Witness also proved that the. woman -and the prosecutor
had lerarited"
one; on
on Monday morning last. The
Magistrates at thice Ori heating this, discharged the
pfisotith
THE RESULT of A IktiGHT REFORMATdRT MEIETINu.
George H. Hammond, was brought up on reminidi
charged for having committed a dangerous assault on
female named Ellen Reynolds, on the night of the 25th
of November. The woman had been in the inflemarl
since, and Was not able to appear until yesterday. The
details of this case were published in our paper at the
time of the transaetiott. The facts are ac follows ;--The
paitiet Hied telgetlier its Man and wife in 8-grille/el&
street. On the night of the 25th ult., the woman welt
to a Midnight reformatory meeting of females in Lino
street ; on her return she met a man with whom she
got tipsy, and when she went to the house where tr
plisonet was;. he beat her With a poker, inflicting verl!
severe injuries on her body: Two surgeons proved the
injiiriesj and the tnaglf.if,rdes sent the Prisoner for trial'

CHARGE UNDER THE 2stili sECTiOtt_ ME
. VERCHANt ACT,

Mr. Tyndall appeared Yon behalf of the Board e)
Trade, to prosecute Matilda Owens, the keeper of"'
boarding-house in 9, Court, Mann-street, for a breach
of the above section. From his statement of the cased
It itepiated thatli sailor,. named Butler, had-shipped
board a 4essel ntinte,d the /Mosta, and had receie4
XS 10s. advance, Her met defemialiti who iticluceu,
him to desert the ship and spend the trio'hei be?
house. Such conduct as this was calculated to put file
merchants and ship-owners to great expense and inco!
venience. Formerly it was a more prevalent offence'
but since the appointment of Mr. Murphy to tbe'
superintendance of the out-door staff of the LocIP
Marine Board; and his very efficient management, the
offence was considerably reduced. It was very bar&
however; to bring the charge house to offenders, becat
they acted so' cautiodsly: In the present case he wo!11
be elite tq prove the offence, the penalty for which Of
ffutler Was then examined, and said—l 03/
engaged as cook orl board the ship, and signed artickg
to be on board on last Wednesday: I got some
and went to the house of defenciEitit, I told her I he'
shipped, and she was aware of it. I think she kneW,Al
heel got the advance note cashed. I spent part of tl
money at her house. I was at her house on Thursal
and Friday. Mr. Parker, for the defence, cross-examine
the witness, lint did not alter the case. Mary Anne
Beaman,- at Whose houe the man had lodged 10°A
eiaminecli and proved that the defendant had harhoure
the man, a/thengh Silt denied to witness that ke
the house, at a time when he *at there. Margaret
Beauman, the daughter of the last Witness, chrrobbtate
the statement. David Roderick, from the' Sailor,
Home, proved that he got the man in bed at defendant!'
house,, although a girl in the house denied that ke' wg
there at the time. This was the case on the part of tbe
prosecution. Mr. Parker endeavoured to show that tbea
defeffdanit did not use any influence over the man, an(
called some witnesses ;: bat the magistrates were
opinion that the case was proved,. and fined the defendant
AO and .costsi or one month's imprisonment.
COLLISION IN THE RIVER.
Captain Owens.? of the steamship ".Brian Boroihmei
belonging to the Drogheda Co., summoned the owned
of the Antelope, R.M.S., far Xl7 lie. 7d. damage dove
by a collision at the Salisbury pier, on the 14th Jell
laid Mr. Tyndall appeared for the claimant, and Mr;
Squarey far the defence. The hearing of the case last&
a considerable dive; the. facts being very short. On tbe
morning in question tbe complainant's vessel lc!
moored at the pier, when the Antelope came down 0"
her and caused the damage stated. Witnesses WO
called at both sides, after which the be b. decided 0
allowing the claim made in full.
(Before Mr. SHAND and T. EARLE).
CHARGE or ASSAULT AGAINST A POLICEMAN:

Martin Kehoe summoned police-officer John Lowry'
,
No. 477, for haying assaulted him. The complains!:
stated that on the night of the 12th instant, he Iv"
assaulted by the defendant, who knocked him dowo'
and left a large mark an his forehead. Mr. Block, for
the defence, produced 'witnesses who proved that on the
night in question the compiainant was drunk, wbes
the officer caught hold of him to lock him up, and 011
the way to the station he released himself, and on run;
ning off, he fell afid cut his forehead. The complai9
was therefore dismissed.
TAKING DEPOSITIONS.

In a case where a person was sent for trial, when the
depositions were read, Mr. Aiken, who committed the
pnsouer, said he had to compliment the clerks of the
court for the accuracy with which they took down the
informations, not only in that, but in every instance
that came before him as a magistrate.

Surgeon Pope, who was formerly house-surgeon
the Southern Hospital, and subsequently held el)
appointment under the Poorlaw Board, and who ivac,
recently in practice in this town, has given up h'4
profession here, and proceeds to London, where a wide,
field of practice awaits him. It will be remembered
that Mr. Pape, amongst other important cases, was'
engaged in the case of Winslow, who was tried for the
murder of Mrs. James, • and that the medical cross'
examination was formed by him, and on which O.'
Digby Seymour, the prisoner's counsel, made such a
successful defence. He was also engaged in the late
case of Mr. Evan Thomas, who was acquitted of mull:
slaughter at the recent Chester assizes. Mr. Pope
'w
friends, and they are many, wish him every success.
SNOW STORM IN LIVERPOOL.—EarIy yesterday morui-
ing there was a heavy fall of snow, which continue'
without intermission for about three hours, up
.to
o'clock in the morning. A sharp frost also set in, an
rendered the roads, is the latter part of the day, very.
dangerous. Great caution was used by the drivers of
omnibuses and other vehicles, or we would, in all pro"
bability, have had to chronicle some severe accidents'
Several horses slipped down, but there was no acct,
dent of a very serious nature. An old lady siipPe
down in Great George-street, and broke her 0111;
In the interior of the country the railway lines vie,,
r,
partially blocked up, and the trains were consequently
detained for some hours. In Kensington a horse siipP7o
down and was rather severely injured. One or t 0
drivers who had omitted to take the needful precautlfo
of getting their horses' shoes, were obliged to tT,
off the shoes of the fore feet. In the middle of L'ic
day a slight thaw set in, but it soon began to free
again, rendering the footpaths and sides of the strects
very dangerous.

PLAYING CARDS,—hitherto the keenly contested card.
cribbage, 100, &c., exhausted the use of the playing • $
Now, however, the beautiful, instructive, and chaste d,ng*To
imparted to their exterior, teach the form, colour, and
of plants which have enriched the commerce of Great. B.riro
Those manufactured by De la Rue and Co., are pecultari.lo4....
in design, and can be had in great variety at Benson 1).n"
lett's, commercial stationers, 10. Castle-street.

NEW INVENTION.—THE NEW FOUNTAIN PEN.-A grellice
annoyance than a bad steel pen can hardly be met with-ce,
difficulty is to get a good one. Amongst recent iniPr°,,ball
mcnts the new " fountain pen," just introduced by ltno,ec.
and Co., is the best we have ever seen. By a simple but eL:
two contrivance the ink is retained in a fountain, by me babel
a second inverted barrel, above the writing nib, and this bnt;lf
can be taken out at any time, so the pen can be kept perfe.uu'i:,
clan w thout any chance of being corroded. Another fea`tes,
in this pen is, that one din in the ink will last for five fnniusod
Tack wriiipig. The pen itself is of the finest description!.
in merchants' offices, banks, and indeed in every place,
be found to fill a want felt by every one up to this all,
have tried. this splendid pen, handed to us by Mr. E.,TL,ntre.
South Job n-street, and can pronounce it perfect, and
sure all w bo use it will give a full verdict in its Wow:

THE

LIVERPOOL BOROUGH
BANK.

MEETING OF SHAREHOLDERS
YESTERDAY,

Yesterday a getietal meetilig of the prdpirepis and
contributories of the Liverpool Rant Was held
at noon, in tlic. Pkililie t aleroOtn of the Liverpool and
k oticrati ilisa ' ranbe buildings for the purpose of con-
ci'aring the accounts of the liquidators, and a report
showing the state of affairs of the company, and the
progress made in winding up its affairs down to the
expiration of the third year after the resolution for
winding up. Mr. J. B. Brancker presided, and there
was a large attendance of shareholders.
The CHAIRMAN first called upon Mr. Marshall to
read the notice convening the meeting ; and this having
been done, he said be had next to ask the pleasure of
the meeting as to Whethei the 1'40.110.0s Vale) *ei:e. pre-
sent were to remain and take notes as usual. It was a
question which he had always put at previous meetings
of the shareholders.—No objection being raised, the
chairman then proceeded to read the following report to
the meeting
The liquidators of the Liverpool Borough Bask present to
the shareholders an account of their receipts and payments
dur ng the past year. together with a general statement of the
affairs of the bank, in the same form in which these have been
rendered at the corresponding periods of the two preceding
years. 4.1 ,
Upon a tortipaiison,pf ttli,e present sh'tementt with those of
lastyeah,:itr bb seen that the liabilities have been retlhee
fr,ono. X 2715,708 13s. 4d. to £102.858 Ils. 10d., and the re-valtia-
tion of the assets still outstanding shows an estimated increase
in the surplus of £19,823 19s. 11d. It is necessary, however, to
continue the caution to the shareholders as to the estimate of
this surplus. It has been carefully made, but after all, it is a
matter of opinion only, and is subject to contingencies which
no forethought can provide airainst.
It may be necessary to explain the reason why £19.0^0
of the loan, which became due on the 27th October last,
appears still upon the face of the balance-sheet as a liability,
whilst that which was not due on the 27th April, 1861, has
been extinguished, together with a portion of that dile 2tth
October, 1861.
The two instalments of th 6 lddn, FePaYable ih
a higher rate of interest than thcAe which weep tp beedtrio due
ih 1860; anti thArbl-,Ort; fdri the ,iiiterett,6f shilre-
htildsksio 11;ve their asseth as realised applied; if possible, in
reduction of the former. The creditors for the £19,000 con-
sented to allow their loans to remain for a further time at their
or ginal rate of interest, and the money which would other-
wise have been applied in repayment, was used by the liqui-
dators in reduction of the sums rep arable in 1861, so as to
save to the bank the heavier rate atzw.hich these latter instal-
ments of the loan had to be borrowed.
The general statement appended to this report, carries upon
the face of it a sufficient reason why :he liquidation of the
affairs of the bank has not yet been brought to a conclusion.
The assets remaining to be realised all n quire time, and they
cannot be pressed forward at a greater speed than is now used
for their recovery. It is the hope of the liquidators, however,
that before the end of another year, they will he in a pqsition
to make a beginning in the return to the Sbarehdlacra, of dome
portion of the estimated surplus..
In April, 1859, certain of the shareholders of the bank
obtained the permis4qn Of, the , of, tAe fOr the
inspectioxi,,by„ apeottlitplit, to b ht)po nted by then!, of the
bttolls tint! dcbddntA or' the Uank in the hands of tnelittuidators,
"thr the purpose of ascertaining whether the directors of the
bank had been guilty of dereliction of duty to the share-
holders."

In pursuance of this authority, Mr. Dickson, of Edinburgh,
rs m euestion, in-
baae accountant employed uy we anarenomvs . - ~... ~ -.; -
'greeted the books and papers in the liquidators' hands, and
made a very elaborate report upon the subject to his employers.
The report was eommunicated to the liquidators on the 25th
January last; slid was followed by the copy of an opinion of
counsel co,. atiltekbythErti. ~
~, , , ,
The solicitors consolted by ,tld4 slidtellohiefg, in .ericlosing
that opinion, wrote as follows i—" We, earinet of course expect
ok,rosunte that the opinion of the committee's pritote counsel
should be deemed sufficient or conclusive, still the committee
tIo„ % expect Allot the liquidators tv ill, at hest, and twomptly,
consult, their awn i legol, adyisars an to I ill* conourrenee, et
bil,nwegncu, Tope 'therein; ana will chnititnniertte iiithorft rielat
tliV2.s:lt to dt."
the liquidators are unable to lay before the shareholders the
purport of that opinion, because they were required to consider
it "strictly confidential ;" but the points urged by the solici-
tors of the shareholders upon the liquidators, on the result of it,
were---lst. That the late directors of the bank were personally
liable to the shareholders for all loss sustained subsequent
to the loss of the reserved fund, and one-fourth of the capital
of the bank: Jelly: That they were liable to the shareholders
for hating declared and paid de7idends out of capital. arrby.
That they Were 11i1314 ,to the stfarelialderg fot hafing neglected
fokfeit fhe sharea,of thOseAwilo had mit peld.:Cip tlytiirteails,,
- thifT. That they *ere liable to toe Charehblders tor having
ra id dividends to shareholders who had not paid up their calls.
Lastly. That they were liable to the shareholders for general
neglect of their official duties, whereby considerable loss had
been sustained.
The liquidators, having receis ed these statements, felt it
due to the shareholders who had raised the question and ml-
lowed up the investigation at considerable cast, to take the
best legal opinion they could obtain upon the subject, and in
order that this might be obtained without the possibility of
bias of any kind, they laid the papers before Messrs. Fresh-
fields and Newman, solicitors, in London, with a request that
they would advise the liquidators upon the subject.
Messrs. Freshfields and Newman accordingly made a report
to the liquidators on the 26th of March, 1860, and again on the
14th of May, 1860; stating substantially that, in their opinion,
the prospect of success ,in any litigation; to enforce on the
directors liability fir theft ads dr neglects", was not iiiliiciently
eneoureginoo justify the liquidators in expending the monies.
Of the bank ifi proceedings, which would necessarily be of a
ebetly, difficu t, and protracted character.
The liquidators considered that it would be satisfactory to
the shareholders to have the opinion of counsel upon the
subject, and they therefore requested Messsrs. Freshfield and
Newman to lay a case before such counsel as they might
think best fitted to advise maon the case.
Accordingly, Messrs. Fresfilields and Newman, in the month
of Jane last, drew up a very elaborate statement of facts,
embracine all the materials supplied by the shareholders
referred to, which, with the entire report of Mr. Dickson,
they laid before Mr. Roundel' Palmer, Mr. Gifford, and Mr.
A. Kek ewich.
The opinion of these gentlemen was received on the 18th
July, after a consultation, at which the liquidators were
present.
The opinion was to the effect that, as a general proposition,
directors could only be held liable to their constituents for con-
duct artfotinting to male fides, and for acts in direct contraven-
tion to the deed of settlement. That in the particular case there
was no proof of 'ilea fidel. That on the facts, it did not appear
that any evideveepold be brought home to the directors, of a .
knOWledih oiltheir pelt that more thin one-fefurtli of the capi-
tal wet) lost, and that though there appeared td itave been: it
departure in some instances from the provisions of the deed, no
evil consequences were traceable to it, and that it hid not been
without the presumable knowledge and concurrence of the
compatiy.
The counsel advised that, in two points only the directors
appeared to be legally liable; the one in having made the last
dividend out of capital, the other in having paid dividends to
shareholders who had not paid up th•-ir calls. That, as to
these matters, those directors only could be held responsible
who actually concurred in the acts done, and as to these parties,
only to the extent of the damage done. That under the cir-
cumstances they were of opinion that no proceedings ought
to be instituted, unless the damage traceable to these acts was
very considerable; that they were of opinion that the duty of
instituting•proceedings was not imposed upon the liquidators,
and they advised that the facts and opinion should be commu-
nicated to the shareholders, with an intimation of their view
that proceedings ought not to be taken without the direction
of the Master of the Rolls. . . . . ..

The liquidators communicated the case and opinion to the
shareholders promoting the enquiry, on the 25th day of July,
with an intimation to the effect above referred to.

Not wishing unduly to influence the shareholders, they have
only further to add that the case, with the opinion referred to,
lies at the offices of the liquidators, in Liverpool and London
Chambers, and is open to tae inspection of any shareholder
who may be desirous of seeing it.
JOHN B. BRANCKER,
PETER SERJEANTSON, Liquidators.
PHILIP RAWSON,
HARMOOD W. BANNER,
Mr. H. W. BANNER then read the following state-
ment of accounts :

THE LIVERPOOL BOROUGH BANK IN ACCOUNT
CURRENT WITH THE LIQUIDATORS.

Dr.
To GENERAL LIABILITIES PAID :
Promissory notes to creditors
on. deposit accounts, and on
letters of credit £10,102 7 5
Creditors for deposits under
£200
Creditors for deposits above
£200
£10,879 13 1

~ Paid creditors who are share-
holders
~ Amount repaid on account of
loan due as follows:
27th October, 1860 77,500 0 0
27th April, 1861
27th October, 1861 lO,OOO 0 0
-- 154,000 0 0
„ Amount paid for interest on loan 9,482 19 6
~ General Charges :
Salaries, stationery, taxe3, &e. • 800 1 3
Solicitors and accountants .... 1,506 7 9 ' t •

2,306 9 0

Less amount received in repay-
ment of costs 959 2 4
--- 1,347 6 8
„ Paid for office furniture 73 7 1
„ Remuneration to liquidators 1,500 0 0
„ Balance 4,854 6 3

£191,297 12 7

CR.
By balance per account 12th Nov ,
1859
ASSETS COLLECTED, viz :
Bills of exchange for debts £32.621 19 7
Good debts 24,812 7 6
Doubtful and bad debts 34,998 18 7 ' '
--- 92,433 5 8
~ Amount received on account of
dishonoured bills, viz. :
Good 27,773 7 8 .
Doubtful and bad 26,62 17 3

,
------------ 54,636 4 11
~ Amount received for interest and
commission 8,658 8 0
~ Amount received on account of
calls, viz. :
Bills of exchange 23,074 5 11
Good 5O 0 0
Doubtful and bad debts 2,966 13 1
-- 26,092 10 0

£191,207 12 7

By balance, being cash in hand aud in bank 4,854 6 3
GENERAL STATEMENT OF THE AFFAIRS OF THE
LIVERPOOL BOROUGH BANK, AS ESTIMATED ON
THE Itru NOVEMBER, 1860.

ASSETS.

Good debts
Doubtful and bad debts..
Estimated to produce
Doubtful and bad debts for calls 47,120 10 11
Estimated to produce
Good debts for dishonoured bills
Doubtful and bad debts for dis-
honoured bills
Estimated to produce
Bills of Exchange on hand. Esti-

£50,627 15 3
198,504 5 4

mated good
Bills of Exchange on hand. Doubt-
ftil and bad
Estima' ed to produce
Cash in hand and in bank

55,140 7 0

9,331 15 2
5,778 14 6

4,579 4 5

130,157 7 6

4,430 17 7
2,430 17 7
4,854 6 3

LIABILITIEg.
Creditors under £2OO
Creditors above £2OO
Creditors for promissory notes-
3rd instalmentdueAptil27, 1859 £172 1 4
4th „ „ Oct. 27, 1859 626 4 8

Creditors on loan secured by pro-
missory notes, due as follows
October 27, 1860
October 27, 1861

£282,900 7 8

1;2,93919 8
8,255 4 3

798 6 0

Creditors or interest on loan
Creditors who are shareholders
BM. of exchange current, consi-
dered good
Balance, being surplus upon pre-
sent estimates

76,000 0 0
5,843 14 5
9,021 7 6

5,300 8 1

180,041 15 10

£282,900 7 .8

The CHAIRMAN said—Gentlemen, that is the report,
and those are the accounts which the liquidators have
called you together to consider. They have so far dis-
charged their duty. If any gentleman had any remarks
to make, now was the time. He should be very glad
to hear him.
After a short interval,
Mr. BLYTHE rose and said—l should like to ask a
question about the 2,000 shares in which the calls
remained unpaid for a series of years, before the stoppage
of the bank. I should like to know whether any settle-
ment has been obtained.
The CummuAN—There has been no further approach
than this : A recent application was made by the liqui-
dators to ascertain what the prospects were, Abut they
found they were very similar to what they were twelve
months ago. The amount tendered—if I can say it
was tendered—was so small that no step bad yet been
taken.
Mr. BLYTHE—And what is the amount of debt from
that source ?
Mr. BANNER—About £19,000.
Mr. J. BRADLEY-Moonn—No, £29,000.
Mr. BLitspin—ls that one of the accounts for whio

the directors are held by counsel on both sides to be
legally liable ?
The CHAIRMAN—That account is one of those,
amongst several, which has been before the counsel on
both sides.
Mr. liiikTHE—And I-think they hold that the direc-
tors aware of that ate legally
the aiii riot awafe thet are legally
Zia 1e Oli
)4‘that account.
Mr. YTHE—Then does that form a portion ?
The CitAraliki4-L--Th'ey-iireie neVer,credite4
litAiNit--:Credited to the abebunt, bit neter
paid over to thi peak'
Mr. 13t,v-rxr-,-But was it not a neglect that they
were not called up ?
The CHAIRMAN—That is not one of those liabilities.

Mr. BLITHE—Is there any likelihood of a settlement ?
The CHAIRMAN—We recently made enquiry, and
found that there was no improvement in the prospects.
The sum tendered is small, and such as the liquidators
will not accept they are rather waiting for the possi-
bility of something better. Mr. nattier reminds me
that the very proposition Was laid before the committee
of ibirdioldeh' Of wlii'Ch tlythe *as a member,
and they rejected it,
Mr. BLITHE—WeII, I forget; let us know what it
was.

Mr. BANNER—There is no use in disguising the name
—it is that of Mr. Neilson. From the statement of
his affairs all that was shown was 3d. in the pound.
This case was brought before you, along with those of
other defaulting shareholders, when you unanimously
refused to accept It. and said you preferred that it should
lie over. -Nye have applied, di d tthiateied. pro-
oetdings;:tiut find that there is only this 3d. iii the pound
flirthdonihig.
Mr. ItLitTnt--\\7is that spedial case iiroii ht before
the counsel on your side, as to where liability rested,
if any _

Mr. BANNER-It was brought as one of the points.
The name was not brought, but the whole of the cir-
cumstances were brought.
Mr. Btrrnt—Does not that £30,000 form one of the
points for which the directors, who were eognisable all
through of the ttgnsaaidng tif the bank, are liable •
Tut. dititRAAN-4/10 tlid Cast?: attiAks drilf ttvd points
on whiCh they are. Wile, .
, gr. Pik iriiip—Perhap-s you will let ris know what the
too Poll:1th are; and the aggregate loss to the bank on
those two points; •
1
The CHATRAViN would read it dl it stands in the

report. The first point was in having made the last
dividend out of capital; the other in having paid
dividends to shareholders who had not paid up their
calls. There were no dividends paid on the latter;
they were credited, but not paid.
Mr. Roe nns—ls there a difference between paying
dividends and crediting them ? - In the opinion of
counsel, is it IA one and the satlie thing ?
The CitAinitM4 Thad Is tio difference in the
ppifilOti of, dotinsel; IseCatis4 the liahilitf. of. the directors
is de.claied,by'thern to apply only There diVidends haveoAitiveLyibeeurpaid: ThumoneyOn:Mined in,the bank,
bud Ltlibi4 indeb tednesg to that amp ant; was..so lesd,
Mr. You lir'n • advised! eettaifi directors
are clearly liable to the shareholders for certain sums of
money appropriated as ' they should not have been.
Will you let me know what amount of indebtedness
your own counsel advises is owing to us ? (Applause.)
The CHAIRMAN re-read the passage in the report, and
said the amount under the first head had not been clearly
gone into, but he thought it amounted to £16,000.
Mr, .7, 8.-MoonE—Why, the unpaid calls are
Z 6 ,00d, 111 f: Chairman. _ _

, The Cii.„94uSIAN--i don't think that has anything to
do with this question. the other point *as having
paid dividends td shareholders Viho had ,tint paid Calls:
:rte belicvenit *:id abbilt th 6 s irie stini; £1.0,d00.- 'hat
Wits about £U,600 altogether. •
Mr. BLYTHE—Perhaps you will inform me which of
the directors are responsible ? (Hear, hear.)
The CHAIRMAN—That is easily got at. lam not
prepared.
Mr. BLYTHE—Seeing that £32,000 is owing by the
directors, have you made any application for it?
The el/AIRMAN—No.

*. IhirtitE-----Why have you not done so ?
ware advised by cur counsel
not to take any proceedings. ,
Mr. NicnoLsoN—Do you mean to say that tliere v'idg
only £16,000 of the last dividend paid to the share-
holders?

The CHAIRMAN replied that the loss to the bank con-
sisted only in the dividends paid to those who had not
paid up their calls.
Mr. BLYTHE—Don't you think if you laid the claim
before the directors, without legal proceedings, they
would come forward and pay ?
The CHAIRMAN— I can conceive it possible they
might pay that amount; but I judge from what I
41aU1d do Myself Under similar circumstances. I think
if theY paid the attionnti they would ask a release in
full from all other liabilitied, Which it is out of the
power of the liquidators to grant them. Therefore,
that being out of their power, and advised not to take
proceedings, and the amount not being great, they had
not applied.
.Mr. BLYTHE—I take it you consider they are legally
and morally liable for the amount which is not forth-
coming ?
The CHAIRMAN—We have not asked for it.

Mr. J. 8.-MooaE said he thought it would facilitate
matters if the Chairman would give them an explanation
of the report which had been read. It was impossible
the shareholders at large could understand from that
meagre report what was the position and the state of
matters; both as regarded the opinion of counsel taken,
the manner in which it had been drawn up, and the
opinions elicited from counsel: He had Very little doubt
the great body of shareholders had not had the leisure
of the Opportunity of going through so voluminous an
affair; therefore it Was desirable that the Chairman
should give some explanation about it. He held in his
hand a copy of the case and opinion which he had read
and when he had heard the explanation, he might have
a word to say also; but he thought it desifable the
Chairman should give them some information about the
whole business, as coming officially from himself, and
not put them off with a mere meagre printed report of
figures, about which none of them knew anything.
The CHAIRMAN should be glad to give any explana-
tion in reply to questions on any point on which infor-
mation was sought. Not being aware *of what informa-
tion was sought, it was impossible for him otherwise to
go into the subject. They had stated in the report that
the case and opinion were accessible to the shareholders,
and the liquidators would be, glad to give all the infor-
mation that they could; but he must know upon what
point it was desired.
Mr. J. BRAMLEY-MOORE then rose and said—Well,
Mr. Chairman, since you are not disposed to give us any
explanation about the matter, or prepared to answer any
questions—
The CHAIRMAN said that he was prepared to answer
any questions that might be asked.
Mr J. BRAMLEY-MOORE :continued his speech, and
said that the made of dealing adopted by the liquidators
was :most unsatisfactory. He considered that if the
report submitted had been accompanied by some explana-
tory remarks, there would have been a possibility of the
liquidators satisfying the minds of the shareholders as to
their proceedings, and how they had managed the affairs
of the hank. They had not thought proper to do so, and
the difficulty of putting questions and answering them
led to a great deal of confusion, especially as they
saw from the second or third questions that had
been put, and the way in which they were answered, the
difficulty of arriving at any conclusion became apparent.
The Chairman here made some remarks which were
not perfectly audible.
Mr. BRAMLEY-MOORS then proceeded--Since it was
not the pleasure of the chairman to give any explanation
he would take leave, with the permission of the meeting,
to make a few remarks on the subject. (Hear, hear,
and applause.) First of all, he should call their atten-

tion to a circumstance that occurred at their former
meeting ; next, he proposed to give a little information
to the shareholders with regard to the opinion and the
case, and the opinion which had been before them
respecting the affairs of the Borough Bank, so far as
they concerned the liquidators and shareholders, into
which matters he would examine, and he was perfectly
satisfied that the meeting would have arrived at the
same conclusion that he himself would come to by-and-
bye. (Hear, hear.) After the last meeting he had
heard some particulars with reference to an account,
which excited a great deal of attention at the time,
both with the shareholders present, and also with those
out of doors. After that meeting, it was indus-
triously circulated by certain gentlemen in connection
with the Borough Bank, that he (Mr. Bramley-Moore)
had not made a full statement of the particular account
to which he had alluded. Now, he pleaded guilty to
that charge—he did not make a full statement of the
account, for reasons which occurred to him, and which
were obvious to him at the time, and would also have
been obvious to every one else. In the first place, be
mentioned no name.; but on looking over the order of
the Vice-Chancellor, he found that he was at perfect
liberty to mention the name. Therefore he begged to-
day to state that there should be no mistake about the
matter,--(hear, cheers, and a laugh,)—that the account
should be fully explained ; that everything, as far as his
(Mr. Bramley-Moore's) capacity would allow him,
should be thoroughly and clearly comprehended. (Hear
and cheers.) The account to which he alluded
was that of a surgeon ; his name was Blackburn..
He had stated no name on the last occasion. Now it
was industriously circulated; and he asked the attention
of the meeting for one moment upon this subject, be-
cause it was a matter personal to himself, and it was
also of some interest to the shareholders, to show how
the matter rested, so far as it did at present—it was
industriously circulated that the bank held securities,
and the father was security for the son. Therefore he
had not stated that case fully by not mentioning those
circumstances ; and moreover, by stating that the secu-
rity was not worth the gallipots and shelves in his
apothecary's shop. (Hear, hear, and a laugh.) Now
Mr. Blackburn's account, as well as he remembered,
was £44,858, and his son's account, for which he was
security, was £29,000. The latter item was not
the full sum, so he would give them the
exact figure, in order that they should have no mistake'
on that occasion and on that day. (Hear, hear, and a
laugh.) The talented speaker referreti to a document
before him, and said that Thomas Blackburn's account
was £44,858, and the son's account was £29,174,
making a total of the two of £74,032. This was the
account of the father and the son, for whom the father
was security for the £20,000 and odd pounds. Now,
one word as to that account and the securities held by

the Borough Bank. He was not at liberty, he thought,
to mention the character of the securities, but he would
mention their amount. They consisted of 360 shares of the
nominal value of £3l each, and 36 shares of the nominal
value of £lOO each, making a total nominal security of
£14,760. Now he would show that this security, even
if it had been worth so much money, was totally in-
adequate to cover such an amount as £74,032 ; and how
unjustifiable a transaction it was to go and trust this
surgeon with £44,858, and his son with £29,000, on
such a security. But now about the security he would
say one word. The securities were of that value that
they were written off in the bank books, as worth
nothing at all. Not only that, but he could state most
positively that such were the worthlessness of these
same securities that they had been offered to himself,
not only gratuitously, but something with them if he
would take the responsibility of them. (Hear, hear,
applause and cries of "shame.") Therefore, he con-
tended that the statements which he had made, that the
securities at one time were not worth the gailipots and
shelves in his (the surgeon's) shop, were entirely and
fully borne out. (A laugh, and hear, hear.) Now,
these shares—and they could not say what might take
place in the course of time—might become of very con-
siderable value ; and here now, in the first instance,
they were considered and written off as worth nothing
which might become of some value. If he were

correctly informed, their shares, along with others of
the same character belonging to other parties, were sold
in the aggregate for £lB,ooo,—and also that amount of
it that belonged to the two accounts of the Blackburns.
Of course he was unable to state but from a general
knowledge of the affair ,4 ha should say it was probably
soniewhere allout A 50,1 Abotitithene shares; whieh were
sold for atotit £lB,diio7 little dl4 014 Vaftleg know
their value, and the improied condition of 66 shares,
that he believed now he shoUld.not be very wrong if he
would sly they were_ wprth, dpuble , the
,rneney., (Hear,
hear.) He had one word more:to Say #putlthis account,
and that was this t the son's ae6 unt.,eo fal..haci as, 1854,
was then considered had, arid XiO,d6o c;f it was Written

off to profit and loss ; and one would suppose that the
matter would have ended here ; but no such thing. He
found on further investigation that in the year 1856,
when the security had become worthless, and when the
son's debt of £29,000 had been written off altogether
as lost, he found, he said, in that year £lO,OOO
as transferred and as a good debt, (Hear; hear.)
Not; be said, With tespett to such a staternerit, and he
thought the shafehoidere *Mild agree. With hini, that he
stated it ii3Ot.Only irer,,niab belOtwliet he Might have
stiateel lagt and if there
.retie any,tlritnig ;wren- in
his statement the chairnian Was then at liberty, and of
course he would correct it, but he (Mr. Bramley-Moore)
thought that he himself was perfectly justified, aye, he
would again repeat it, perfectly justified to make any
such assertions as he had alrea-ly made with reference to
that account. (Hear, bear, and cheers.) And now he
had come to that most important matter of this elabo-
rate opidiefl, \of lathef ha illOttld say tills elaborate case.
(Hear, hear.) And, with, ,I,:ekgt. to tiiiel Matter, he
would bere,.beg to remind .them-of ,nteetinft that, was
held on ,the. Ist of junp• The ..shareholders would
remember that. a depirnittee ,wafornipd, in which the
Nieie dp4eted to reprsented, and to
which he himself was summoned as one td atti.4rd the
meeting ; but first he would tell them what he thought
about those committee meetings. They Were a per-
fect farce. (Hear, hear, and loud applause.) They
could nut extract any information from them that they
reqiiired. (near, hear.) Moreover, anything that it
Was iteeessary Of desirous they should be made ac-
quaiiited *ill); thdt the Wanted to know., was sure to
heel-1101 d frOrn, therk-2- .heAt, and applause) ;
an .
,t14,414e1 ; Vestign; if lieflpetied that it
was anything. ;unimportant .4.. 01441, Only flight be
favoured, perchance, wit] an, answer and informed about
it. But, on the occasion referred,.to, on the Ist. of June,
they iVet in the, dark roßre,belew stairs, in the building
in which they Weie , and a Very proper
and appropriate place was that dark( for deeds of '
darkness. (Loud laughter, and hear, hear.) And they
then asked, as he well remembered, the liquidators and
the chairman in particular, as their (the shareholders')
representatives, what was doing in the case got up
respecting the liabilities of the directors. They had
possession of their (the shareholders') documents from
January up to that time, without their being able to
elicit ally information. The chairman then told them
that the case Was itt the course or process of being drawn
0, and that it Wortld be submitted to counsel, eminent
Condi& lAUrrilet-MoOrel requested, oft behalf
of the shareholder. 40.1151; and He. OVight say at other,
committee meetings, which Were Said, td bye representing
the shareholders, or at all events the interests Of the
shareholders, that he might be permitted to see that
case. (Hear, hear, and cheers.) He then represented
to the chairman and to the other liquidators present that
an opinion was nothing, or worth nothing, without the
counsel knew the case, because they were all perfectly well
aware that everything depended on the case submitted ;
and, moreover, they might elicit any opinion almost they
pleased. (Hear, hear, and applause.) Therefore he
requested, oil behalf and in the interest of the share-
lioldefs, that they Might be allowed to peruse that case
Velote it sttbnlitied to 4c/tinsel. (Hear, hear, and
cheers, and loud Cried, o'f " on are VerfeCtly eight.")
But this was demurred to: (E/pfess'idtig, of " Shame,
shame," &c.) It was refused to be done, aid the
request would not be complied with. Indeed, forsooth,
it was said that it would be taken into consideration.
Indeed, that it should be taken into consideration ! !
But he could only say, so far as his knowledge of the
matter went, any further communications with them
(the shareholders), or any applis oions they had made
were treated with contemptuous siLnee. (Loud cries of
tOherrie," hisses; counter cheers, and hear, hear.) Well,
finding that this was denntreed to, he ventured to ask
what counsel "do sod intend td consult ?" This was,
every one must acknowledge, a very reasonable question,
but it also was demurred to. (" Shame,"and hisses.);
And feeling and knowing that be was authorised and
justified, he demanded to knerw, on behalf of the share-
holders, and not only to ask the former question, but
consulted.also to know what counsel were going to be consulted.
(Hear, hear, and
,applause.) And, after some consi-
derable hesitation, he was told by the chairman that
they intended to consult the Attorney-General. He ,
(Mr. Bramley-Moore) said " Good," when he heard
that announcement, " I am perfectly satisfied; what
other counsel do you propose to consult with ?"
" Mr. llotilleiu replied the chairman. He (the
speaker) expressed hiniself perfectly satisfied at this
answer likewise. But now, What would be the
surprise of the gentlemen whom he had the honour to
be, addressing on that occasion, when he told them—he
corrected himself, and wished to state that another
counsel, a junior counsel, had also been mentioned at
the time, but at present he forgot his name—but what
would be the surprise of the gentlemen present, when
he told them that the Attorney-General was not con-
sulted, and that Mr. Boville was not consulted, and that
the liquidators went and took the opinion of gentlemen
whose opinions on Borough Bank affairs were already
known—Mr. Roundell Palmer, Mr. Giffard, and Mr.
liekevich. Now, he said that the chairman on that ,
occasion had distinctly told them, and he thought
(turning to Mr. Bristow, who occupied a seat next the
speaker) that his friend, Mr. Bristow, was present
[the gentleman referred to nodded iii assent] that eminent
legal authorities were to be consulted ; that the case
was drawn up ; and that that same case, so drawn up,
was to be submitted to counsel, other than three named
subsequently to them; and he emphatically pronounced
such conduct a breach of faith with them, the share-
holders. (Loud cheers.) Now, he had carefully,
patiently, and painstakingly gone through those
opinions and the case itself, and he should say this, and
he said it fearlessly, that for the object and the purposes
of the shareholders, a more discreditable case never was
put on a table. ("Hear, hear," and applause, inter-
mingled with occasional hisses.) They could eliCit
almost any opinion they pleased ; and they were led up
there to a result, but the result was obtained by the
opinion that they had got—that there was a consider-
able liability, on the part of the directors, of a sum of
£32 000, according to the chairman's account, given to
them a few minutes ago. £32,000 ! Why, gentlemen,
(energetically asked the speaker) is there any of you
here present in this room that would for ono moment
entertain such a liability ? (Several cries of " No, no,"
"Hear, hear," and applause.) But, he considered, with
such a liability as that, they (the shareholders) had been
sadly neglected, and they ought to have had this matter
made known to them in the year 1857. (Hear, hear,
and cries of "Certainly.") If there was such a liability,
he (Mr. Bramley-Moore) looked upon it, on the part of
the chairman, (addressing himself to that gentleman) as
their representative in that concern—(hear, hear)—as a
great aggravation of his conduct in not letting the
shareholders (whom, and whose interests, he was sup-
posed to personify and represent) know that there was
a liability in ,1857. (Hear,, hear, and loud applause,
and cries of Shame.") If that had been satisfactorily
answered, the shareholders would have been satisfied ;
and he himself (Mr. Bramley-Moore) should have
been likewise satisfied, and the best could have been
made of matters. (Hear, hear.) But, so far from that
course being pursued, they were forced at an enormous
cost—(hear, hear)—let them bear in mind at their own
cost—(hear, hear),—and that, too, after considerable
obstructions—(hear, hear)—and difficulties, to obtain the
report from certain books in the bank. (Hear, hear.)
Now, that cost a large sum of money, and if the chair-
man had done, or attempted to do, his duty at the com-
mencement—(hear, hear)—and submitted the case to
counsel, when there was a liability on the part of the
directors, he himself and the other shareholders would
have never said a word, but have gone on to make the
best of matters as they then stood. (Hear, hear.) But
on investigating matters they found that there was a
liability ; and then as regards the deed of settlement, it
was very slightly and delicately insinuated that the deed
of settlement might, in some instances, have been
violated. (Hear, hear.) The deed of settlement, in
some instances, might have been violated ! Why, they
knew it was, and had been systematically violated—
(hear, hear),—and they knew also that there was con-
tained a provision in the deed of settlement, that no man
could vote who had not paid up his shares. (Hear,
hear, and applause.) They knew, likewise, that there
was a clause in that deed of settlement, " That the
directors shall compel every one to pay up his shares."
Did they call this a slight neglect and a delicate
matter on the part of the directors ? He looked
upon the deed of settlement and the rules of it, as a law,
and binding upon them in all their actions. (Hear,
hear, and cheers.) He need not tell him (the chairman),
because he had no doubt he was well aware of the fact;
and if he did not know it, he had got his legal adviser
by hit side to tell him, that if he looked at clauses 51 or
52 in the deed of settlement, it made use of these words,
"That it shall be (let them just recollect " shall be")
lawful." Why, they all knew that in an act of parliament
or deed of settlement shall means that " you must," and
it was obligatory on them to do certain acts. There
should be no violation of the prescribed rules of the
deed of settlement, and consequently the directors
had no option whatever but to carry out the deed
and enforce the bearings of it respecting share .
But had it been done so, or how was it done so ?
Why, they all knew perfectly well they knew
—that there were shares in the bank, a list of
which he had got before him, that had never been paid
for. (Loud cries of "Shame.") They knew that cash
was paid over the counter for shares that were never paid
for. (Renewed cries of "Shame, shame.") They knew
that persons-were credited, and he should confess that he
could not go into the nice distinction that the chairman
had made in crediting an account and paying the money
over the counter, though he (Mr. Bramley-Moore) would
be happy to credit him (the chairman) for something if
he considered that the chairman would do similarly with
him. (A laugh.) He confessed jhe could not see the
distinction himself between crediting an account and
paying money over the counter. But what was
the mode of procedure in the present case?
There was a large list of shareholders before
them who never paid their calls, and there were
persons who received the cash across the counter also
who had never paid their calls. Why, if the directors
had done their duty—with so many grave interests com-
mitted to their trust—would such a course as this be
allowed to be pursued ? He maintained that the direc-
tors were not only liable in law but they were morally
liable—(hear, hear, and applause)—not only for their
omissions and commissions in the discharge of their
duty in this particular, but also for the £5 call that
would belong to every one of those defaulters; and he
for one thould never cease to hold a different opinion
but that the directors were his debtors—(hear, hear,
and cheers)—and that they owed for the omissions
and sins of commission likewise. (Loud applause.)
Well, in one particular instance there were shares there,
where, they were very well aware, the party figured as
a debtor to the bank in £29,000. (Hear, hear, and
cheers.) Now, there were 2,000 shares there, and he
should be glad if he had some history of them, and
why and how these 2,000 shares were given over to an
individual that had never paid for them. (Hear, hear,
and applause.) Now, the directors could not, by any
possibility, be ignorant of it—they were not only not
ignorant of it, but he might affirm that they knew
every one of them. (Hear, hear.) Now, before he left
this point he would just call their particular attention
to paragraph 13 in the report, where it said, "And
though they had in some instances departed from the

provisions of the deed, still it-was 6en.4.dered desirable
to so do ' • and it had been done not without the pre-
' sumable knowledge and concurrence of the company."
Now, he did not wish and he did not like to make use
of a strong word, but he would undertake to say this,
that a more audacious statement never was put 'before
the public. (Hear, hear, and applause.) A more un-
founded stateifient he had never heard, and he appealed
to the eharelieldere Pfesejdf, and to all . the outside
shareholders, if, anf MI6 df theffl fitly iu.diticlital, knew,
that the deed of settionent was Eiysteni'atfoalb, violated ?
(" No, no," and cheers.) If they kneW that the directors
were violating ,the,cTeed,: and if they knew that there
were foty-ope.qeditors en thehooks ofithe.bank owing
£16,000 in 1844, and tionielbing like £17,000 :in 1856,
he should like to know it &fete *as any, individual
amongst the shareholders—if there were dne, he hoped
he would stand forward and declare that he knew the
directors were violating the deed, and violating the terms
of that deed of settlement, in carrying on the business
of the bank in the manner that they had done. (Cries
of " no," and cheers.) He said, in reference to the
paragraph already quoted, stating "without the pre-
sumable knowledge and concurrence of the company,"
that he took
.it that th 6 4ont.ria:tiy of course meant the
shatelibiders, .-He said, puctiwqrellie case, chat the
assertion pot forth in the reporf, was 4n ,au'c~a~tons
statement. (Hear, hear, and applause.) There
were many in that room who would not have any
longer held shares in the bank if they had known the
practices carried on in it. (Hear, hear, and cheers.)
They knew nothing of what was going on behind the
scenes. (A voice : "Certainly not.") So far, therefore,
from it being presumable, it was, he emphatically stated
it, a direo.finiation of the deed of settlement, without
the presumable knoviledft of tonrttrrence of the com-
pany. (Cries of. "Yes,'; heat; hedir.,, anti aVplapse.)
I He said that he woyd again repeat .it,' tha he„did fica
belieie it'—that
in the
knew,.anythmg 6f
what was 2.arig 4,111 the )aank. OpYfral voices
"Certainly not.") Now, i6' fioni that Veingt the
case, he might mention what he durst say nits* cif diem
knew already, that Mr. Rathbone, when he was an out-
side director, had been rather clamorous for information
being given to the shareholders, and he took a very
active part in advocating that information should be
given to the shareholders, in 1843. But, after he
became a director; somehow or other, the same silence and
I mystery, etie oter him that appeared to have come over
i all the other direttofsl and he was from that forth an
advocate fot Oorkealnteiiii (dear; lieaf, and deem)
They would find, on ieferen& to, iNe Minute's of the
bank, that there was a. minute that, after a iouy etaii
versatidn *oat. the affairs of the bank,. on the. S.rd
of Atignist; 18:91, in iensyqnence of great ineondenience
which the putille eip'erienCed, and damage that might
be done to the bank, it ciao resolied, " That the
manager should be authorised to makt s4ariteeff to a
new firm" (he thought that looked very like changing
and shutting up one firm to pass it into a new name),
"and to give the new firm such an amount of advances
as the necessity of the case may require." (Hear, hear.)
He did not know whether he was at liberty to mention
the name, but he could vouch for the fact, and could
give the particulars of the account, and an account
which had become extraordinarily and alarmingly large.
He asked, did they think that any deed of settle-
ment . eihy honourable feelings would sanction
anything tht kinco. Did they think that the
shareholders had ant. iiffsuitatle knowledge of such a
transaction as the one he fiad nientidned (Cries of
4'No, no.") Did they think that there Wrae, Otte shaft=
holder that would have consented to have his ska'te's ill
such a concern for one moment? ("No, no.") Did thef
think that, with this account laid before the directors
every fortnight, that forty-one creditors, whose accounts
were rotten as rotten could be, and who,had not paid up
their calls, as was well known to the directors, did they
think that the shareholders would have continued to
hold shares in such a concern'for one moment ? (" No,"
"Certainly not," and other like expressions.) Why,
with midi a case as this, that a creditorieturns informa-
tied of his dittettlties in 1854, 1855, and 1856, that he
was hopelessly insolveitti Fivd that the account was very
much increased, afief that did the chairman of that
meeting think that this "prestimailleinoWledge" would
not have assisted the company—did he think that if the
shareholders bad known that such a transaction as that
was pending, that they would have continued to hold
shares? He would venture to say that if the shareholders
had known the manner in which the deed of settlement
had been violated, they would have been in arms, and
would have loudly clamoured for its rectification many
years ago--(hear, hear, and cheers,)—and happily for
them if they had do. 'With regard to the " presumable
knowledge of the directors, there might be differences
of liability amongst the directors ; and he was not pre-
pared to say.if there were not, because they knew that
there were degrees of everything, and there were some
directors for whom personally he entertained the very
highest respect. (Hear, hear.) But that did not in
any way whatever alter their liability. (Hear, hear,
and applause.) Nor was it any reason why. he should
quietly sit down to the loss which their misdeeds and
shortcomings had inflicted upon him. (Hear, hear, and
cheers, and cries of " Certainly not.") If it so happened
that they occupied the position of directors for the honour
attached to it, they should pay for that honour. (Applause)
They were there, no matter in what capacity, they were
there as directors, and as such they (the shareholders)
confided in them, and they unfortunately knew the
result—(hear, hear)—that their confidence had been
misplaced, and that they were unequal to the Nork
committed to them. (Hear, hear, and applause.) But
supposing that there were some of the directors liable,
and others not, he asked, had they not a sum of money
voted to them every year? (Cries of "Yes," hear, and.
applause.) They received the shilling of the share-
holders, and they should pay the smart for it. Now,
with regard to the ignorance of the general board of
directors, he did not think that there could be much
ignorance when they saw by the minute book, the
transfer notice book, and the re-discount book, that
there were transactions of something like thirteen mil-
lions in a year—a large sum that. (Hear, hear.) Then
they had the fortnightly statement from the special
ledger, that was technically called the open ledger ;
then they had the summary every fortnight, including
all bills over £lOO. That summary contained a list of
names of every one that had paid. Now, he said that all
the directors knew all about these matters; and if they
did not know it, it would be the exception of only one
or two of them, but not the general body. He had now
come to make a few remarks on the case in point, and
he believed he did not.know what the subsequent labour
might have been about it, but he (the chairman) told
them (the shareholders) at the committee meeting on
the Ist of June, and afterwards again on the 7th of
September, that he and the others had not made any
personal inspection, as liquidators, to find out a case
against the directors, but still they had arrived at the
conclusion that there was no case against them notwith-
standing that they had not made any inspection.. (Heat,
hoar, and " Shame.") He should like to know how
they had arrived at such a conclusion without inspecting
the books, or without examining the officers of the
bank. (Hear, hear, and loud applause.) How
could they say that there was not a prima facie
case against the directors, because otherwise it would
strongly imply the liability of the shareholders. He
did not know whether his (the chairman's) views meant
any personal inspection of the books, or inquiry, or
whether there was liability or not ; but he told them on
the occasion already referred to that he had not made
the inspection, and he rested his case on the report
made and obtained at the cost of the shareholders—
(hear, hear)—and not by the liquidators doing their
duty and furnishing these particulars themselves. (Hear,
hear.) Any one that would take the trouble to read
the case would see that it had no basis in
it, and if he went through it he would find
that, as a case to attain the object of the shareholders,.it
would be very difficult to see the individual that would
arrive at such a conclusion. (Hear, hear.) To his mind
it appeared to be what he had already called it; and he
did not hesitate to repeat the word that, so far as the
interests of the shareholders were concerned to attain
their ends, and to show the liability of the directors, it
was a discreditable case. (Hear, hear.) The impro-
priety of the case was such that he wondered that the
solicitor of the bank and the directors should be employed
in such a case. _

The CHAIRMAN contradicted this statement; but
Mr. BRAMLEY-MOORS replied that he had got all the
letters before him relating to the transaction.
The CHAIRMAN—Then explain what they allude to ?
Mr. BRAMLEY-MOORE said he would de so, and that
he was perfectly well aware that Messrs. Newlands and
Freshfield were the party the liquidators had applied to
in the matter.
The CHAIRMAN—In what ?
Mr. BRAMLEY-MOORE--In getting up this case, sir.

.
The CHAIRMAN—The case was not got up.
Mr. BRAMLEY-MOORE continued—There were, first
of all, Messrs. Lace, Collis, and Co., to whom a letter
was written on the 27th March, 1860, by Messrs. Fresh-
field, from which it appeared uncommonly like as if the
latter had some finger in the pie. (A laugh.)
Mr. MARSHALL said it would save a great deal of
trouble if he were allowed to explain the circumstances
relating to this affair.
Mr. BRAMLEY-MOORE—I am perfectly well aware of
them. _ _ _

Mr. MARSHALL wished to be permitted to give his
explanation, and was proceeding with it, when
Mr. BRAMLEY-MOORS asked to be allowed to proceed,
and Mr. Marshall could give his explanation afterwards.
The CHAIRMAN then gave a statement, showing bow
the negotiation in this case had been transferred from
Messrs. Freshfield to the other legal firm named.
Mr. BRAMLEY-MOORE continued in his speech, and
commented very strongly on this transaction of the
chairman and liquidators, and read voluminous extracts
from the correspondence that passed between the parties,
from all of which he came to the conclusion that the
chairman and his co-liquidators had not done their
duty, at any rate to his mind, and had not fulfilled the
trust reposed in them. (Hear, and applause.) He said,
in reference to legal opinions, that they did not want
the opinions of the liquidators, but rather those of an
astute lawyer, by which that'' could be -enabled to
recover some of the lost money. (Hear, hear.) He
then proceeded to say that the liquidators had never
gone into the question of criminal liability. He had no
doubt that, if a poor cabman was smoking in Castle-
street, he would be tried for it, but when they
came to deal with other gentlemen, they saw that
the case was slurred over. He then alluded to the
trial and discussion that took place when a new trial de
novo was moved fo:, when Lord Chief Justice Campbell,
(as reported in vol. 29 of the Law Journal,) gave it as
his opinion that the report of July, 1857, amounted to
a positive misrepresentation. He also quoted the opinion
of four eminent judges, among others, Mr. Justice
Weightman and Mr. Justice Hill, both of whom said
that there was not only a criminal but a civil liability
also implied in the case, and the parties had a narrow
escape in criminal proceedings not being taken against
them. He (Mr. Bramley-Moore) admitted that a
criminal prosecution would be a very painful thing, and
he should regret very much to see one, but if the share-
holders could not obtain justice, in the shape of their
money being returned to them, or some portion of it., he
did not hesitate to say that he for one would be ready to
join in such a prosecution for such a purpose. (Applause )
There was no use mincing matters; and he would sub-
scribe his money for that object, if the directors did not
come forward and treat the shareholders in a different
manner to what they had done. (Hear, hear.) He
then adverted to a communication from Sir Richard
Bethell, who said "that he should be ready to give his
sanction to the criminal prosecution upon the case stated
by Mr. Bramley-Moore." They were told not to go
into it, on account of the expense. Well, all he could
say upon that point was, that he should be very willing
to bear his share. (Hear, hear.) Unhappily there were
a great many who could not contribute. There were a
great many who were mourning—they had lost every-
thing—they were weeping and wailing, to his knowledge,
from the stoppage of this abominable institution ; and he

said, Justice to them who could not help themselves. They
dese#,O.'sople consideration at the hands of those who were
able to help arid assist them. Now, they were told that they
were not to incur th 6 elperrse—that it would be costly.
He did not think the cost would he qtrite so much as the
cost of their liquidation—(hear, hear)—and 11611 gs sure
it would be much more satisfactory to the shareholders
to know whether they had a right, or whether they had
not, to satisfy them, and not to lay that trumpery re-
port before them, which would satisfy no man who
would take the trouble to peruse it and that knew the cir-
ctintstrtriete etinrieOecl with this bank. Speaking of ex-
penseS-,. tie Odd ?t stns a fay profitable business liqui-
, dating bin)is--7(laitighter)-4ery piAtable, indeed; and
he strongly s6pected that the etairrnan whom he
addressed was nq loser 11the liquidation'. if he was
rightly
„informed he had Veen a large gainer by it;
therefore th6y had no interest Whatever, personally, in
promoting tht interests of the shareholders as one of
them. In 1858, the liqUidaterirOseiied,,£s'4soo'; in 1859,
they received £3,456; and in lied, ti,goo; making a
total of £10,556. In addition to this the solititors and
accountants had received in 1858 £4,089, in 1859 £2,080,
and in 1860 11,506; total, /8,675; general charge in
1858 amounted to £7,188. in 1859 to £2,203, and in
1860 to L 800; total, £10,191;—making a grand total
o'f the shareholders' money expended on liquidation, on
soliatUrs; lcdotintants, and general charges, of 129,422!
Now, he thin ht ft efffulg have been much more satis-
factory if some portion. of AV nYo'ReSt had been applied
and used to see if any could be rescleet fOir the share-
holders. But this was continuous—it went on; for he
found, at a meeting on the 12th December, that £1,500
was again voted for the current year. Now, he did say,
that they ought not to permit their money to be thrown
away in that manner. He thought, but he was not
quite sure, that Mr. Sergeantson, for whom he enter-
tained the hi,,,hest respect, represented the London
billholdtfs. Wells the bills, were they run off
The CrOiriff.trY--,---The depositors, I suppose ?
Mr, 131rAsm'ini-Moteii—,-Pepositers represent bill-
holdeni.

art off:Mr. BriAiiiti-Maiii* continued. He asked then
what occasion they Ilad fdr Afr. Seige,ahfsbn's services?
Surely they might economise by Davin;
dators. He understood, but he was not uite. the, that
Mr. Rawson represented the creditors of Liverpool. He
was not quite sure whether the whole of the depositors
were paid off or not, but certainly there must be very
little to do, and it could not possibly require the assist-
ance of so many gentlemen to manage a business which
had stow came into a nut-shell. Talk of expenses and
throting Money away in law, he thought a great deal
had heat throWn away in liquidation—£29,422,—some
Portibh of Whiela, he tenanted, would have been better
employed oh hebalf the shareholders in maintaining
their rights: No*, he Was sorry to hate to trespass so
! lonk' upon the time of the theeting; beerruse it was a
der dTsalgieeable duty which he ha i d mposed upon him-
self, thou*" if no' die. else would undertake it, he was
determined to say *hat he hal to say hpon the subject,
and if he had given expression fa airy words' that might
be offensive to any one, he should have Veer' exceedingly
sorry. He did not mean anything in an offensive light.
The terms which he had used were strong perhaps some
of them, but it would be difficult for him to find others to
express his meaning, and therefore he did not see that
any offence ought to be taken by any of them. Mr.
Bramley-Moore continued (addressing the chairman) :
Now, sir, one word to yourself. You, sir, were
appointed as a liquidator to represent the shareholders'
interests. A question which arises and suggests itself
to My mind, and every man's mind, will naturally be
this :—Heire yot discharged your duty to the share-
holders—(hear, beary--=have yon looked after their
interests; have you, Itith a single eye, direyted your
attention, and your talents, and your energies to pro-
mote their interests in the matter to ate *bat you could
recover back for them. I may unhesitatiggly say; and
it is my opinion, that you have not done so. (Hear,
hear, and a hiss.) I see one gentleman hisses. (A
Voice : There is more than one.) Well, half a dozen if
you like. I repeat it, and I do it deliberately, such is
my opinion that you have not done your duty to the
shareholders, because you might have done a great deal
more than you have done ; and I repeat, sir, you
have entirely lost my confidence as a liquidator. Why
should Ibe afraid to say what I think ? I feel it,
I think it, and I say it openly to your face, such being
my opinion—gir, I call upon you, on behalf of the
shareholders, to retire from your position ;—(applause
and hisses ;)—and if I standalone, having given expres-
sion to this opinion, I shall test them even by moving a
resolution. Let the shareholders, if they have not
obtained those results which they had a right to expect,
and look forward to, and your shortcomings are such,
let them join with me in asking you to retire, and have
some one put in your position, who will look after their
interests better than I believe you have done. I shall
conclude by moving " That in the opinion of this
meeting, John Barnes Braneker, Esq , the representa-
tive of the shareholders in the liquidation of the Borough
Bank, has forfeited all claims upon their confidence. and
this meeting requests him to retire from the position he
now occupies as their representative on the liquidation."
Mr. BRISTOW certainly must say, as one of the share-
holders, that they bad every one felt great dissatisfaction
with what they considered the partial conduct of the
chairman of the liquidators. He exceedingly regretted
that he should ever have been placed in such a position.
He seconded the motion of Mr. Bramley-Moore.
Mr. DIXON then rose. He thought what he had to
say would, perhaps, come better before the chairman's
reply. As to the manner in which Mr. Brancker had
d;scharged his duties to the shareholders he had no
concern, but he wished to say that several of the state-
ments deliberately made by Mr. Bramley-Moore, which
had been made deliberately and in such a way as ought
never to have been adopted unless he had satisfied
himself of the truth of those statements—assertions
which went to criminate and impute to respect-
able men conduct morally dishonest, legally
dishonest, and which must be reprobated in every shape
or way—he wished to say that those statements which
Mr. Bramley-Moore had just made were utterly false.
He said they were even without a shadow of founda-
tion ; and that Mr. Bramley-Moore did himself infinite
discredit in darinc, to make those statements, without
having first satisfied himself that they were correct. To
his (Mr. Dixon's) knowledge they were not correct.
Mr. J. BRAMLEY-MOORS----Mr. Chairman, I rise to a
point of order. Mr. Dixon has applied a strong term to
me, which I have carefully avoided. He has said that
what I stated was false. (Turning to Mr. Dixon :) I
demand you, sir, to withdraw it..
Mr. Dixori—No, I cannot.
Mr. J. BR OILEY-MOORE—Then all I can do in the
case is—l will not retaliate by using such a word—but
I will call upon you to give the proof, and not use
words of that sort.

Mr. Dixos—Very well. I have said that the state-
ments which you have made are a great many of them
utterly false, and I blame you for not having first inves-
tigated the matter more thoroughly, before making
those statements. Ido not state that you have made
those statements falsely—that is, intentionally falsely ;
but I say you should have investigated the substance of
those statements before you made them, and have ascer-
tained that they were correct and true. I deny that
they are true, and that you had any foundation for
making those statements. One of the first of the state-
ments made was, that the directors of the Borough Bank
were liable for the loss to the shareholders incurred by
dividends having been paid on shares, the amount of which
had not been paid up ; and Mr. Bramley-Moore had taken
upon himself to say that the directors knew there were
shares which had not been paid up. Now, he (Mr. Dixon)
was three years an outside director of the Borough Bank,
and he could unhesitatingly say that he never knew it.
He unhesitatingly said that neither in the way of private
communications to him from any person connected with
the bank, nor in the way of anything that passed at the
board, was he aware that there were pergons who had
not paid up their shares, and who were in the receipt of
dividends on those shares. How Mr. Bramley-Moore
had arrived at that conclusion he could not tell. He
(Mr. Dixon) could say what he did know,—he could
say what came before him individually, and,as a director
of the board, and he said that statement is not true.
(Hear.) Mr. Bramley-Moore had also stated that
the directors of the board knew the private
accounts of individuals, that they might bane
ascertained the state of the bank by examining into
the accounts of individuals—that there were 41 debtors
to a large amount, whose position was such that they
might have readily ascertained for themselves—that the
statement that the bank was in such a position as the
annual report showed was an incorrect statement. Now,
he (Mr. Dixon) denied that again, and he wanted to
know what right Mr. Bramley-Moore had to make such
a statement. He said he had none ; it was naturally
suppositious, and -why such an opinion should have
occurred to him he could not tell. He said the outside
directors, while he was on the board in that capacity,
knew nothing of the kind ; and he said, more-
over, for himself, that he, neither directly or indirectly
from any person connected with the bank, ever heard
anything of the kind. Not only were the directors not
aware of the true position of affairs; they were not
aware that many of the debts set down as good were in
reality, when properly probed-into, not worth what they
were called : the outside directors were not in a position
to know that—they could not know it. Now, it was
perfectly well known to all the shareholders who had
taken any interest in these matters, that it was the
custom and the practice of every bank in this town that
none but the inside directors—the managing directors—
should know the private accounts; should be able to
judge how far the debtors were good for the sums
that were placed opposite their names: They were
indebted :for their opinion on that subject solely
to the information they received from the inside or
managing directors. Now, he said again, that neither
as a member of the board, nor to himself individually,
was any communication ever made which could lead him
to doubt that the state of the bank was otherwise than
as it appeared in the annual reports. That was the
practice of all the banks in this community. It was a
bad practice, but it was the practice—it was the system ;
and he said it was outrageous that any individual (for he
did not think that the whole body of the shareholders,
or even a majority, were so unreasonable,) should
endeavour to make the outside directors liable for the
faults of a system which was acknowledged, and when it
was even written in the pass-books in which they made
their deposits, that none but the managing directors
were liable.

Mr. J. BRAMLEY-MOORE—Not in the Borough Bank ?
Mr. DIXON—It is in the Bank of Liverpool.
Mr. J. BRADLEY-MOORE—But was it in the Borough
Bank ? _ _

Mr. DIXON had never said it was; but this practice,
be it a good or bad one, had arisen, as he had reason to
know, with the sanction of the whole body of the
Borough Bank.
Mr. BLYTHE—No, no ; I have been at every meeting
for years, and we never did anything of the kind.
Mr. DIXON continued, and said he had requested the
chairman, in consequence of some statements made at a
previous meeting, to have the kindness to hold in readi-
ness two books, one of which was a book containing the
annual reports to the shareholders of the Borough Bank.
There was one of those reports to which he wished to
refer. [The book was handed to the speaker, who
said]—At the general meeting of the shareholders for the
year 1836-7, the directors made their annual report,
which thus went on :—" It may be proper here
to remind the proprietors that the internal management
is essentially that of a private bank. With the excep-
tion of one only, appointed by the directors out of their
own body, it is conducted by the chairman and manager,
no other having access to the pecuniary transactions of
customers,—thus combining the secresy of a private
with the security of a joint-stock bank." That report
was adopted and confirmed in the usual way. In the
following year, 1837, this remained as before,—the
management being exclusively confined to the manager,
assisted bo two directors.
Mr, Poom—That is of no importance, There is