The Press.
London, England, 1857-04-25 00:00:00

THE PRESS.

Dr. Phillimore applied for costs. The learned
judge said be must decline to make any order. Mr.
Bathurst, on the part of Mr. Ditcher, gave notice of
an appeal to the Judicial Committee of Privy Council.
With this decision of the Dean of Arches all the
other points connected with the appeal which the
Court of Queen's Bench ordered the learned gentle-
men to hear, and which would have gone to the
merits of the sentence of deprivation which the Arch-
bishop of Canterbury pronounced, fall to the ground,
and, as far as the Court of Arches is concerned, the
case is at an end.

IHE ROYAL BRITISH BANK.
THE adjourned examination of Mr. Stapleton was
resumed on Wednesday, before Mr. Commissioner
Holroyd. Mr. Coryton, depositor, applied for an
order to stop any further examination on the plea of
expense. The Commissioner having declined to
accede, Mr. Stapleton's examination proceeded.
He was not aware that Mr. Mullins had died letely
indebted to the bank. Mr. Cochran's debt, which
on the 4th Feb., 1856, amounted to 8,0261., had
reached 10,3291. by the time the bank closed in
August. From the sth to the 30th August, 1856,
the day the bank closed, Mr. Cochran had received
from the bank upwards of 1,0001. The sum of 393/.
for bad debts, announced to the shareholders in
Feb., 1856, as a provision to cover those debts, he
did not consider "sufficient." He had no " exact
idea " of the actual losses of ths bank at that period.
He did not know they exceeded 25,0001. He had read
and remembered the exposures and attacks in the
Joint stock Journal. He believed a portion of them
to be untrue. With respect to Cameron's debt of
30,0001., Mr. Esdaile, on the Ist August,lBs6, stated
that the bank was covered by Cameron's securities.
He (Mr. Stapleton) thought at the time that this was
too sanguine a view, but be took no steps to correct
the misstatement :

Mr. LINKLATEB: Now, Laving had warning after warn-
ing in the Joint stock Journal with reference to the false-
hood, as alleged, in the amounts laid before the share-
holders, I ask you, did you take any steps whatever to see
of what the assets consisted that were represented to the
shareboldets in the balance-sheet of August, 1856?
Mr. Stapleton: I took the most effectual step, and the
only step that a man in my position could take. I put the
preparation of the balance-sheet in the hands of the new
general manager. The first item in this new balance-
sheet represented the assets as being 810;2041. Os. 7d. I
cannot say whether that was a true account. If Crawford
had had time he would probably have prepared a very dif-
ferent balance sheet. I was on the past dne bill dem-
tnittee. Crawford very possibly told me that the assets of
NlO,OOOl. included past-due bills to the amount of 42,0001.,
hut they were considered a valuable property—worth 2)s.
in the pound.
Mr. Stapleton was next examined touching his
knowledge of the past.due bills book and other debts
owing to the bank, and the manner in which each
debt was described. The amounts varied from 201.
to 20,0001. Against one debt to which Champion,
Corser, and Rubinson were the parties, there was
written in his own hand, "Champion dead—Corser
discharged—and nothing expected from Robinson."
Against another was written, " All in the Gazette, let
the bank debt be proved." He did not notice that
Mr. Valliant had written " Bad " against one or
more debts. Against Mr. M‘Leod's name there was
written, " Debt hopeless—proceed against Smith
immediately, who is gone away." He was aware
that this was the mode o I marking page after page,
but he never looked at the book, and seldom had
occasion to refer to it. He would not swear that he
did not believe at this time that one fourth of the
capital of the bank would not prove to be lost. On
the 31st of January, 1858, he did not know that a
single shilling was placed to the bad-debt fund. A
statement was put forth to the public after this time
in the document produced that more than ordinary
provision bad been made for bad debts. He never
addressed his mind, however, to that subject, and he
had no belief upon it. Would not undertake to say
that Mr. Esdaile had not in his presence stated that
a sufficient provision had been made for bad debts.
Something was said ou the 10th of August about the
bank closing its doors. -
Mr. Linklater, after a few more questions, said he
hal concluded the examination of Mr. Stapleton.

Mr. Stapleton: I wish to have an opportunity of stating,
after all this examination, that I only really became an
active member of the board at the time already stated,
and that during the whole time I was on it I never re•
ceived any advantage whatever, except receiving a small
Le as a director. I wish particularly to state, as by some
accident or other it was stated in some of the papers in
my examination a fortnight ago that I had signed a peti-
tion to the Bcard of Trade containing misstatements, I
never signed a petition to the Board of Trade. The only
document I signed was the certificate of the shares, and
that certificate I firmly believed to be true.

Mr. Linklater said he proposed to examine the
auditors on a future day, and to examine Mr.
Humpliry Brown (Mr. Brown was present in court
during the proceedings) on Wednesday next. Mr.
Alderman Kennedy was abroad and suffering from
ill•health. He could not, therefore, be examined at
present,

407

THE SWYNFEN v. SWYNFEN CASE, WhiCh creates
much interest, from involving the question as to the
right of counsel to bind the client by a compromise,
is about to be litigated in the Court of Chancery.
Various witnesses were examined on Thursday before
the examiner (Mr. Otter), and amongst others, Sir
Frederic Thesiger. Mr. Edwin James, Q.C., at-
tended on his behalf. Property to a large amount
depends upon the validity of the will of the testator.
THE QUESTION OF MRS. CUMMING'S SANITY 15
again to be decided by a jury. Since this eccentrie
lady's death much litigation has ensued with respect
to her large property, and the Lord Chancellor has
nJw granted an application for an issue to try the
question whether the deceased lady was of sound
mini between certain periods of her life, during
which she executed some important deeds. Our
readers will probably recollect that Mrs. Cumming
was alleged to be insane on the following grounds :-
Ist, on account of her eccentricity in keeping four
cats in the house ; 2nd, because she was represented
to entertain a morbid aversion to her relatives ;
3rd, because she was said to have some delusion
respecting poison. Dr. Winslow considered all
the,e imputations of insanity as utterly frivolous
and vexation a, and wrote a strong opinion to the
Court of Chancery in support of Mrs. Cumming's
mental soundness and capability of managing her
own affairs.

THE LAW AS TO PROVING GUNS was illustrated this
week by the case of " Goodman v. Spence," when
the question was raised by the plaintiff whether the
Gunmakers' Company of London were not bound to
receive for "definitive " proof, barrels which bad been
" provisionally" proved in Birmingham. It was stated
that though all the gun barrels used in the kingdom
were made at Birmingham, many of them are sent to
London, where they are finished, and fitted up; that
provisional proof is a test to which barrels are sub-
jected whilst eley are in the state in which they
come from the forge, but if they were subsequently
bored or have their substance otherwise decreased,
they must undergo definitive proof. If the two prov-
jogs were required to take place at the same proof-
house, it was said that this inconvenience would
arise, that barrels would frequently have to be sent
two journeys between London and Birmingham
where otherwise only one journey would suffice.
Another hardship which it was said would be in-
flicted upon the Birmingham trade was this, that if
they were required to send barrels to London for
provisional proof it would frequently happen that
barrels which would not bear that test would be sent,
so causing expense and delay, which would be
avoided if the first testing took place at Birmingham
and the second in London. The court, after hearing
counsel at some length, decided that the action was
not maintainable, and that their decision must be
in favour of the defendant..

THE GREAT SHOEBLACK BRIGADE QUESTION WaS
brought under the notice of the Lord Mayor this
week. Mr. D. W. Harvey, the Police Commissioner,
vindicated the conduct of the police with respect to
the charge against them of having interfered un-
necessarily with the boys. Mr. Harvey explained
that the Ragged•school Society desired to establish
a system which an irregularly self-constituted set of
shoeblacks materially interfered with. These boys
were principally thieves and vagabonds, and annoyed
the public. Mr. M'Gregor, of the society, attended
to explain the objects of the society, and the Lord
Mayor promised to put down the irregulars if they
interfered with the public.
BACON AND HIS WIFE, it is understood, will be
jointly tried for the murder of their children, and in
such case the statement of the wife that her husband
committed the murder may be tbed as evidence
against herself. It is expected that a joint defence
will be made, and that it will be that the act of
murder was committed by Mrs. Bacon while in an
unsound state of mind, and that she is consequently
nut criminally responsible, and tbat the husband
had nothing whatever to do with the same. If this
should be successful, and Bacon shoals be acquitted,
he will then be removed to the county of Lincoln to
take his trial at the summer assizes for the poison-
ing of his mother.

THE CalM. CON. CASE OF "BARING •. GORDON,"
which for the last six weeks has excited so much
discussic•n in society, was finally heard on Thursday
at the Sheriffs' Court, and a verdict at once returned
for Mr. Baring, with damages to the amount of
3,0001.

THOMAS NArtoN, condemned to death for the
murder of Aplin, a farm labourer at Wiveliscombe,
Somerbet, was hanged at Taunton on Tuesday.
About 8,000 persons were present. The prisoner
died without making any express confession) of his
guilt. He admitted having perpetrated other crimes,
as numerous, he said, as the hairs of his head, but
he denied to the last having been the murderer of
Aplin, and accounted for several of the evidences of
his guilt by plausible, but unsatisfactory statements.
Of his guilt of the crime for which he sufferei
there was neither morel nor legal doubt,