The Express.
London, England, 1851-10-29 00:00:00

*AI wadi hewsdbis Ifts by pietiiiks with the Great
CENTRAL CRIMINAL COURT.
Western or ',ith my ems em tbeirlieboili and, therefore, ..
he trusted they would poneoed to b'-1 es i THIS DAY.
The CIIAIRMAN sda, it might perhaps be remembered i
that there was a requisition to call a special general meet- i Saimaa Ma. Aimee Cursdiverte.
ing on the subject ea which they were now met. That Tultir TKANSACTIONe.
requisition was not signed by • sutficient number of share- ' I. F. Coyle, a person well known in the sporting world,
surrendered to take his trial upon a charge of feloniously holders to call a meeting legally, but the directorsnever-
theless had thought it best to call the meeting themselves, forging and uttering a promissory note for 1,1501., with
which was now assembled. It was suggested that the intend to defraud Viscount Clifden.
most prudent course would be to elect an independent cam- In other counts, the prisoner was charged with intending
minim of the proprietary to determine, in concert with the to defraud Alexander aPEachy Alleyne.
board, what course should be adopted. It was also suggested Mr. Humfrey, Q.C., Mr. Clarkson, and Mr. Iluddlestone
were counsel fur the prosecutor, ; Mr. E. James, (I C'., Mr.
that perhaps the business would be more effectually carried
Ballantine, and Mr. Hawkins were counsel for the defence.
on by a committee than by public discussion, and he would,
therefore, now call en any gentleman, and he believed The circumstances of the case were of rather an extraor-
there was one, who had a proposition to make to the dinary character. It appeared that the real prosecutor of
meeting. ' the indictment was Mr. Alexander M'Eachy Alleyne, who
Mr. LAWRENCE said he was ready to accede to the was formerly captain it. the 89th Regiment, and it would
seem taat he and the prisoner had been on very intimate suggestion, because he believed that a premature diminution
wuuld lead to no practical good, and might perhaps inter- terms, and that there had been a great many betting trans.
actions between them prior to the close of the year 1849,
fere with the negotiations that might be afterwards entered
and at this period the prisoner was indebted to Mr. Alleyne
into. And, therefore, he ititended to suggest, without en-
in a considerab'e sum of money, and he was anxious to
taring into the merits of either of the schemes that were
shadowed out in the report of the committee, that they obtain payment front the prisoner, and on the 3rd Jan.
should appoint an independent cote:mime. He should say the prisoner handed a promisary note for 1,1.501. to
that his autention, as he had communicated to the board, the prosecutor' purporting to he signed by Viscount
was that there should be uppointea a committee of four or . amen, which he requested him to kohl as a se-
am of the largest shareholders, and to include in that' curity. After the prosecutor had obtained possession of the
committee three members of the board of direr-' note, he ativaneed a further sum of money to the prisoner,
tors, and so to have • committee with full and they continued on friendly terms At the Derby
powers, for it was essential that their power, of IMO the prosecutor, it appeared took a very large sum
should be large to entertain any proposition that 'of mune , between 8,0001. and 10,0001., a portion of which
=be made to them from any quarter, and to consider, beta that had ha=laid 4 spar ,he oi,
an the olitioutauees, what was Oa loot "al" lb account of Coyle, and he became anxious fora repayment
propose to a meeting of the shareholders. Because, what- iof the money, and pressed the prisoner upon the subject,
ever powers might he given to a committee, let it be fully and, according to the evidence of the prosecutor, just be-
understood that the committee could do no act to commit fore the promissory note became duo the prisoner made an
the company without giving the shareholders full notice of appointment with Captain Alleyne at Wood's Hotel, in
the purport of the act and calling them together and having Furnivars.inn, and he then admitted that the promissory
their sanction. The board however gave reasons with . note was a forgery, and entreated that ho might not
which he could not fail to he convinced that it would be :ho prosecuted. the prosecutor consented to take
more watisfac.Ory to them and more useful to the Pthlote- Ino legal steps against him, and the prisoner gave
tore that an independent committee of proprietors should be , him a promissory note for 4,300/., and a memorandum
appointed; first, because the board constituted as it was ' also to the effect that it was given fur money due to the
was in same degree committed by past negotiations and I prosecutor and for a hill of Clifden's, which was admitted
transactions ; and, secondly, because the presence of a 1 by the prisoner not to be genuine. The prosecutor, it ap-
large section of the board, having necessarily no lute- peered, afterwards had the prisoner apprehended upon a
rest whatever in common with them, but having an into- warrant, and lie was examined at Marlborough-street
rest decidedly adverse to them, rendered any free discussion Police Court, but the charge was abandoned.
dangerous, and any useful result scarcely posuible. The prosecutor underwent a very severe cross-exa-
Ile did nut propose that this independent committee should mination by Mr. James and, in the course of it, he
be in opposition to the hoard of directors. On the contrary, admitted that he had limn very extensively engaged
ho had reason to hope that the board of directors, now in turf transactions, and that he and the prisoner
that the Great Western directors had had the good grace to were on vie y intimate terms, and that they continued
withdraw from this meeting, were with them to a man; to be very friendly after the discovery of the alleged forgery.
but for the reasons he had stated, and fur many others, he Ho also said that his brother had won 7,0001. from a gentle-
thought it most important to give the fullest powers to man named Kennedy, upon a trotting match with a mare
such committee. The first resolution, then, that he had to that his brother, Captain Holder Alleyne had brought from
propose to them was, " That a committee of shareholders be America; and it appeared that a prosecution had been in-
appointed, for the purpose of considering the present posi- stituted by Mr. Kennedy against the prosecutor and his
Lion of the company, and of taking all such steps, in co- brother fur defrauding him of this money; an l that the
operation with the directors or otherwise, as they shall in indictment was now in the Court of Queen's Bench for dia.
their judgment deem most expedient for promoting pose', and the prisoner was one of the witnesses who was
its interests; and that such committee be requested, to he examined for this prosecution. The prosecutor ad-
in particular, to consider and determine the course mined that upon the examination of the prisoner before
most proper to be adopted in respect to arrange- the magistrate, Mr Clarkson, who appeared for the prose-
ment with other railway companies, and any ad- cution, was instructed to abandon the charge, on the
dition to or amendment of the acts of parliament affecting ground that there was reason to believe that the prisoner
the company, with full power to take such steps as they was nut aware that the signature to the bill was a forgery,
may deem iiamediately necessary and proper for effecting and that he might have acted innocently in the matter, and
the measures they may reconimentl." in a letter written by the prisoner to the prosecutor he as.
Major COURT submitted that the hon. proprietor was 'ruled that this was the fact.
out of order in submitting such • motion at the present Capt. 11. Alleyne, the brother of the prosecutor, con-
time, as it was in opposition to an act of parliament, which firmed his evidence with regard to the admission by the
required that notice must be given to all shareholders of prisoner that the promissory note was a forgery. lie was
any motion for a particular purpose. (No, no.) 'they also very severely cross-examined, and lie stated that after
might say " No, no," but that was the act of parliament. he had brought the more that had been referred to from
Mr. JAMES PRICE seconded the motion. America lie had changed her name from Funny Jenks, by
Mr. LOYD(liarrister) said it seemed to him that the which name she was knowu in that country as a celebrated
words in the advertisement were sufficiently large to admit trotter,and had her called Pigeon ,• and that under that
of this motion bring made, bat he had great doubts on game he lia., won the match with Mr. Kennedy, who was I
other grounds whether this resolution was • legal one. The at the time a very young man • and it was stated that, in
directors were the executive of the company, and they could consequence of his losses, that gentleman had been com-
not take the executive functions out of their hands. This pelted to sell out of the army, and was comeletely ruined.
resolution would take out of the hands of the directors the Mr. James made a very able speech on behalf of the pri.
administration of the affairs of the company with reference soner, contending that he had told the truth when he stated
to these affairs. He thought they could nut do that legally that he had inuocently received the promissory note in
whatever they might do as to appointing a consulting cum- emettion ; and he urged that the conduct of the prosecutor
mince to recommend and to suggest, and act in co-opera- showed that he never thought that the of
was guilty
lion with the board through their agency and through their of this offence; and that the withdrawal of the charge when
medium. the prisoner was before the maAstrate was conclusive evi-
Mr. LAWRENCE wished strongly to impress on the deuce of that fact. lie then proceeded to make
minds of the proprietors the necessity of losing no more , some severe comments upon the conduct of the prosecutor
time. They had already lost two monlir, and if they al- and his brother, and submitted to toe jury that this charge
lowed another mouth to pass, they would be powerless, as would never have been preferred if it had not been for the
far as concerned any application to parliament during the indictment against those gentlemen for defrauding Mr.
nest session. He was thoroughly convinced that they Kennedy, and the fact of the prisoner being a witness in
should make an immediate and vigorous effort to rid their
hands of the Great Western entirely. That there was no support of the charge.
the Learned' Judge summed up, and the jury, after a
negotiation at present On foot with other companies arose, very short deliberation, found the prisoner Guilty of
not from any indisposition of other companies to negotiate uttering the promissory note in question, knowing it to be
with them, but from its being considered that they would forged.
make an arrangement far more fur the interests of the pro- Sentence was deferred.
prietary, if their bands were first untied from all the ar-
rangements with the Great Western Company. (Cheers.)
As to substituting a committee for the directors, he denied'
that his proposition amounted to anything of the kind;
they could du na act that would bind the company, and
would be merely • consulting committee.
The Summon to the company gave it as his opinion
that the resolution as now worded would not be legal. If
the committee gave notice on behalf of the company to
apply to parliament for a bill, the notice would not be legal,
and the bill would fail. They could wit delegate to a ape- ,
cell body powers that could only be exercised through the
regular executive of the company.
Mr. THORPE observed that there was no difference of
opinion between the directors and the shareholders, as to !
the propriety of appointing a committee. They had now
six Great Western directors, and nine (Word, Worcester,
and Wolverhampton directors, and there was no difference l
of opinion in the board. Various schemes were before them, I
which, if carried out, would place the company in • much
better position than he had yet seen it in.
The Singetruit recommended the leaving out the words
" or otherwise," and amending the latter clause of the mo- I
lien, so as to run: " with power to recommend to the board
of directors such steps as they may deem immediately ne-
cessary and proper fur effecting the measures which they
may recommend; and that the directors lie instructed to
take such stems accordingly."
Mr. LAWRENCE thought the addition of the words
suggested would leave the resolution quite adequate to '
carry out the intentions of its framers, and should there. '
fore not offer any objectioe.
The resolution was accordingly amended as proposed,
and, on the question being put, was carried, Major Court
being the only dissentient.
Mr. LAWRENCE then moved that the committee be
seven in number, and that three be a quorum.—Carried.
Mr. LAWRENCE then moved that the following gentle-
men be on the committee:—Mr. Alderman Thompson,
M.P., Messrs. James Walker, C.E., Michael Stocks, Mat-
thew Ucielli, Joseph Harilcastle, and llenry Tudor. lie
bad communicated with these gentlemen, and they were all
willing to act.
1 After some conversation, the committee, consisting of the
above six names, with the addition of that of Mr. Lawrence,
, was agreed to unanimously.
Mr. LAWRENCE then moved that the committee be
, requested to report their proceedings and recommendations
is a special general meeting of the shareholders, to be sum-
. tessied as early as the committee may find themselves in a
position to report usefully on the subjeet.
Mr. MILNE suggested that the meeting should be called
by the directors; and the motion was then altered to that
effect, and put and carried.
Another motion by Mr. Lawrie:4m requesting the
directors and servants of the company to afford information
' to the committee and grant them the use of the books of
the company, was also carried.

MOSEY MARKET.

THIS DAY.

Two o'Ctocx.
There is no feature of much importance in the
English stock market to-day. and owing to at-
tention being in a certain degree engaged
by the arrangements for carrying over in the
railway share and foreign stock markets, the opera-
tions in the home funds have not been quite so ac-
tive. They include, however, the usual in-
vestment of the government broker, and prices
are pretty well supported. There is not much
speculation, parties both here and at Paris, preferring
to wait and sec what turn French political affairs
may take before committing themselves to any deci-
sive lino of operations. Home considerations are
decidedly in favour of the market, and with
the present abundance of money, the channels for
the employment of which are even more curtailed
than usual by the still prevalent system of subjecting
commercial paper to a good 'deal of scrutiny
the stocks regarded as good media of investment
cannot experience any considerable backward move-
ment. Discussions are still heard relative to the
leourse of the Bank of England at the present
juncture, but, whilst it is admitted that a reduction
in the rate of discount is by no means to be deemed
improbable, it is generally considered the measure
would as yet be premature.
Consols have been steady all day at yesterday's
closing rate of 974 to 1, both for money and the 12th
November. The prices of business are thus officially
stated :—Three per Cent. Consols, 974 1; ditto for
account, 974, i ; Three per Cent. Reduced, 97:1,97;
i New Three-and-a-Quarter per Cents., 983, 98, ;
Long Annuities, 1860, 6 15-16, 7; ditto thirty years,
18.79, 61, 11-16; ditto, 1860.7 3-16, 1; South Sea
New Annuities, 971. In Bank Stock nothing has
been done this morning.
There is a little reaction in the unfunded securities,
which are more freely offered, at a decline of Is.
Exchequer Bills rule at 535. to 565. premium, and
India Bonds, large and small, have been sold at 595.
'premium.
Tho business connected with the settling forms a
portion of the movement in the foreign stock
market, in which prices aro scarcely altered.
Mexican Bonds have further declined to
261. Danish stocks have attracted a few bar-
gains of some importance. The settlement of
the account will be effected very quietly, as the
transactions have been small. Generally the rates
for carrying over rule at from 3 to 5 per
cent. To-day's business list is as follows:—
Dutch Two-and-a-Half per Cents., 581, 1;
ditto Four per Cent. Certificates, 891. Danish
Three per Cents., 1825, 76, 1; ditto Five per Cents,
101, 102}. Grenada One-and-a-Half per Cents., 141.
IMexcan Bonds, 261; ditto small, 263. Portuguese
Five per Cents. (Brazil guarantee), 851. Russian
IFour-and-a-Half per Cents., 102. Snish Active
Five per Cent., 201 , ditto Three per Cents., 39. Ve-
nezuelan Two-and-a-Quarter per Cent., 33.
At the adjourned meeting, yesterday, of the cre-
ditors of Messrs. Spencer Ashlin and Co., corn-
factors. whose failure excited so much sensation
towards the middle of last month, a slight improve-
ment was shown in the estimate of assets, involving
an increase of 6d. in the pound over the state-
ment that previously obtained currency. The
debts and liabilities of the firm are stated
at 85,1931., and the total assets are estimated at
17,7621. After a lengthened discussion relative to
the course of trading pursued by the firm, it was
finally resolved, as recommended on the part of the
largest creditors, that a dividend of 4s. in the
pound be accepted, 3s. to be paid down at once, and
the remainder at three months' date. The decision
of the National Bank of Ireland, who are also credi-
tors, remains as yet to be received, their representa-
tives being unable to accede at once to the terms
proposed.
It may not be amiss to remind oar readers that no

PROGRESS OF THE WORKS.
Mr. TIIOMAS, a director, said it would perhaps be as
well that the company should know the progress that was
making in the works. Four miles between Worcester and
Abbots Wood were opened and were being worked by the
Midland Company. Within a fortnight the line by Druit-
wich to Stoke, nine miles, would be opened ; and
he was happy to say that they had madel
arrangements with the contractors by which the line from
Evesham to Worcester would be opened in the spring, as
extra length of 12 miles, and also the line from I)roitwich
to Stourbridge, 16 miles, making the whole distance 41
miles, which will be opened by Lady-dav next; and they
bad no doubt that the local traffic would enable them to
pay the interest of their debentures. The negotiations that
had, been going on had certainly much impeded the dime-
ton, and that was one reason why they wished them to be
conducted by the committee.
Votes of thanks were then severally passed to the direc-
tors' to the chairman, and to Mr. Lawrence, and the meet-
ing then separated.

OXFORD DIOCESAN Tammy° SatooL—Yester-
day being St. Simon and St. Jude's day, was selected by
the Bishop of Oxford for the purpose of laying the founda-
tion-stone of the new diocesan training school, which has
been commenced and is now in course of erection at Cul-
ham. The whole length of the college is 226 feet. At the
east end is a chapel which will be approached from the
main building by means of cloisters. This chapel is to be
arranged stall-wise, with a raised platform for an altar, and
seddire for the officiating clergyman. The doors throughout
the whole building are to be lire-proof, constricted under
Foe and Barrett's patent, with iron joists and girders tilled
in with concrete. Mr. G. Myers is the builder, and the esti-
mated coot is about 12.0nfli. _

fur AUSTRIAN SCULPTURE is likely to be dio-1
persed far and wide. In addition to the ales and removals
before referred to, the mucb•admired marble statue "Trust
in God," by Signor Ganctolil, has been purchased by Mr.
Butler, of Upper Clacton, Hackney. It must be gratify-
ing to our Austrian friends to Sad that their works ass so
highly appreciated is this country.