The Express.
London, England, 1862-12-24 00:00:00

Raw inititlantu. -

,pOIIRT OF QUEEN; BENCH.—Dec. 23.

AO* Wm Attila. 4 Nisi Pries at Gaild)l4l.—(Before
Lord Oidet Japtiat Cookbant and a Special Jury.)
*NON V. SIR F. BLAIN!, BAIT.. AND OTHEB.9.—ASSAULT.
(Oostinned hem yesterday's Ezpreu.)

This was the defendants' cue,
The Lord Chief Justice intimated that he thought the
Anatuial Sue was whether the book in mustiose was the
property of the masters, lee., of the Mid&e Temple, end
that would materially depend en whether the jury cense le
the conclusion that it was the private and perusal
of the plaintiff. _lf the jury were of a different=
then the master* kn., would have a special property in
the same as • court of Jaw had in all doormen 'in
' n us
duripg the progress of a atrial. There was also a legal view
of the question, whether the book, though the private pro-
geny of the plaintiff, was not in the legal custody of the
delthdanta till the termination of the inquiry. He should '
have that question also to the jury, and in the event of
their finding those points in favour of the plaintiff, he
should ask the jury to amass the damages in the event of
the emit above deciding in his favour as to the led* of
the jury, subject to the points he should reserve.
Mr. Chamber laid his proposition was that the beestkees
were a domestic tribunal, and did sot possess the powers of
erdieary courts of justice in retaining documents produced
by voluntary witnesses.
The Lord Chief Justice said he meet not be taken am
giving any opinion on the case. It was only to guide either
party in moving, if they objected to the mode he should
leave the case to the jury. He thought the issue of frau-
duleptly taking the book might be withdrawn from the
jury, as it did not affect the case in the lomat.
Mr. Serjeaut She. addressed the jury—Referring to the
plint ?. evidence before the henchers, which the learned oar-
leant said was • flourishing description of the mines, bespoke
of the gold that had been obtained from them, and of their
fair prospects, leading every one to believe that • fairer or
more honest prospectue.than that put before the public in
reference to these mime never appeared on the Stock
Exchange. In the moutime Mr. Brown went before the
beechen soother point of the inquiry, and they found
from him that there was not a book tele heed in con-
nexion with the company except this private book, which
was never intended to en the light of day end that book
the benches thought it their dut to Obtain from that
gentleman, in order to facilitate the Inquiry, and give Mr.
Seymour the benefit of it, and of showing that he had
become the dupe of others, and the beechen the power
of censuring or of
disbarring, if necessary, Mr. Seymour,
if he bed been an accomplice in fraud. On the evening of
the Bth July this book, which contained letters to the
mansger of the mines is America and others relating to
the money transactions, and his contrivances for raising
money at anima when the oompany was in imminent instal.
Toney and was sure to blow up, was produced. Those letters
showed that the plaintiff, who took an active part as manag-
ing director, had written to the managers of the mien re-
questing them to send advice. that would justify the decla-
ration of *dividend of S per cent. If the manager would
advise it, the directors, he said, would arrange it, and some-
thing must be kept tack of a stertllng ohmmeter for • climax.
That we the gold dist that we. to be throws into the eyes
of the public and those upon the Stook Vachange.
(anghter.) When the book was produced the plaintiff
knew ate importance. hie knew that he was detected,
.es letter after letter showed clearly that • fraud,
if sat originally and be did not undertake to prove it), was
being perpetrated with reference to these mines, and his
object wu to regain their possession, and from the plaintiff's
manner it appeared to the bcnchere that if Mr. Seymour
wu not an accomplice be was the dupe of the plaintiff. Mr.
Seymour went before the beechen to establish Mr. Soy-
mour's innocence with regard to the Weller Gold Mining
Company, but it turned out, on the production of the letter,
that one or other of them, or both, must be ruined. The
learned serjeantexpreerd a hope that although the plaintiff
bad possession of the letters, some means would be found
for getting the cadent' of the letters on the notes of the
evidence before the benchers, in order that if an appeal was'
nude from them to the proper tribunal the latter would be
able to form a correct judgment on all the facts and circum-
stances connected with the charges made against
Mr. D. Seymour. The learned serjeant spin referred
to the great importance of these letters is
the elucidation of the charges, upecially u Mr. Sey-
mour declared that he knew nothing of their contents,
never haviog wen them before, and again alluded to the
importance of honour and integrity to • barriatee, and the
impossibility there was of forming • right judgment in Mr.
h. Seymour's case without them. The learned serjesnt'a
peroration was a glowing description of the liberality and
freedom of the profession in opening to talent the highest
offices of the realm, and be sat down amidst loud applause.
Mr. M. Chambers, in summing up the plaintiff's case,
characterised the learned serjeant's address as weak in argu-
ment, though great in oratory. The learned counsel read
the evidence given by the plaintiff before the beechen on
the Bth July to show that he had cause to complain of the
interruptions whilst he was giving his evidence, and to re-
moristratei. The plaintiff was unjustly and improperly as-
saulted and given into custody. They all concurred in the
assault, but the struggle was whether it was done per-
sonally by any of the beechen or by their stout robust
porter slope, who, like a good soldier, had obeyed orders.
He characterised the attempt to get rid of the responsi-
bility of having given the plaintiff into custody as paltry.
The book was no tourer in the legal custody of the dr
fendants than the plaintiff chose to permit, and the
moment he withdrew his permission it wee at an end. The
examination on the letters was at an end on the Bth July,
and the book was no longer required. He denied there
was any fraud or deceit used by the plaintiff
in regaining possession of the book ; and in re-
ferring to the evidence of the bendier, he said
they had given • peculiar colour to their Proceedings,
and in giving their evidence they had all, with the excep-
tion of Mr. Bovill, appeared in the witness-box as advoutea,
witnesses, and partisans. They were all soling illegally on
the 9th July, and if Bye had met with his death in the
souffle the plaintiff would not have been liable for murder.
The plaintiff objected to the use of the letters to re-
lieve Mr. D. Seymour from any stigma that attached to bim.
In conclusion, the learned commit called upon the jury, now
that they had all the facts before them, to say that the
plaintiff wu an honest man by the substantial damages they
would give him. (Applause.)
The Lord Chief Justice oomplaioed of the public applaud-
ing the conclusion of every speech. It was like turning a
court of justice into a theatre.
A juryman said it was disgraceful conduct.
It. being five minutes to seven o'clock before the learned
sunned had concluded, his lordship deferred his summing-up
till to-morrow (this day.)