The Express.
London, England, 1865-04-03 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCIIIT.—KINGuTON, Anal, L
Woes the Lord Chief Baron sad a Special Jury)
OYI ro. coon%
Mr. Lush, Q.C.. Mr. C. Pollock, sa4 the Mr. Thir
shor were for the plaintiff ; sad Mr. Bovill, Q. 0., Mr.
Hawkins, Q. 0., and Mr. Garth were for the defrodant.
The declaration alleged that the defendant had made
°attain false and fraudulent representations respecting a
bank called the London and Birmingham and South Stet.
fordebire Bank, to the effect that it was in a flourishiug and
prosperous °rodlike, and thel the shares in it would be •
good inveatment ; sad that consequeooe of throe repro-
erotatioos the plaintiff had
(been indueed to purchase a
number of shares, and bad reby last a large sum of
mooey. The defendant pleaded not guilty.
Mr. Lath, Q.C., la Goosing the roes for the plaintiff, said
that be was a medical man. sad the defrodaot was a gen.
Orman who had been a good deal engaged in :jetties up
pablio comnies, and wo was a director of the Losdon
ht to
Mask of Sopoatlrod. The present action wan roug
usurer back from him a large sum of money which the
plaistiff had lost in coesequeoce of his having, by his
advice, and, em he believed he should be able to prove, by
the fraudulent representetions he bad made, bees in.
dosed to ruche's a considerable number of shares at a
high emium, these roams being in reality the property of
the t, who bad by these means got them off kb
own beads sod realised a large sum of money. It appeared
that the plaintiff asd defrodast were introduced to rock
other about two years ego, and they were OD friendly
U terms,
and at oommencoureat of the present year they had
some conversation together upon the subject of the invest-
ment of mousy, and the defendant promised to let the
plaintiff know if he should hear of anything that was likely
to turn out profitable. Os the 14th of April the plaintiff
received from the defeedaut • letter, in which, after alluding
to the conversation which bad probed between them, the
defendant said :—" I had thought of directing your atten-
dee: to the shares of the Loadon Bank of Scotland, but they
are sow at 12 premium, sod they have gone too far. There
are, however, two other matters—one is the Loudon and
Birmingham and South Staffordshire Bank, but you must
take up the shares sad bold them fora month, rod if you do
so they will pay you." The letter wept on to say, "I want
my friends to be is good things as well as myself, and some
of them realised 1,5001. last account by the Bank of Scotland
shares." The learned counsel proceeded to state that is con-
es:pianos of this letter tie plaintiff purchased one hundred
and fifty shares is the bank in question et 61 and
6j premium, and be held them ea he had been directed,
but instead of the market rising, the price began to fall,
and, from being at • considerable premium, the shares fell
to a large disooont, and the plaintiff lest • large sum of
money. In order to make out the ass for the plaintiff, he
should show that at the commencement of the month of
April the defendant Introduced himself, or was introduced,
to the directors of the Londe° and Birmingham and South
Bedfordshire Bank, and, by as agreement that was entered
fate, be obtained posseesioe of 782 shares that remained of
a first issue of 5.000 shares, and 2,000 throes of •
fresh issue of 5,000, which were sold to him at 2 proposed
aad be also bows • director. He should he able to show
that, by sons: mysterious proceeding or other, the character
of which might be guessed at by those acquainted with
Stock Exchange operations, the shores of the bank, which
were at 'discount, speedily went to per, and thee to a high
premium ; and while the market was in this condition the
defendant got rid of nearly the whole of his shares, and
tardiest a great many thousand pounds; an when this
object was effected the price speedily dropped, and the result
was, robe had stated, that the plaiutiff sustained a heavy loss
by the share' that be had purchased. His cue therefor*
was, that the defendant had induced the plaintiff to pur-
chase the shares and bold them in order that the market
might be supported, and thus enable him to carry out the
object in view, and he believed that when the jury had
heard the evidence be should lay before them, they would
say that the plaintiff was entitled to • verdict
Mr. John Bothell, the chairman of the bank, was then
called, but he did not answer, and be was called upon his
subpoena.
Sir Edwin Pearson, one of the directors, and the plaintiff
were examined.
Mr. Hewitt then proceeded to address the jury for the de-
fendant. He commenced by observing that it appeared to
him that the ease that bad been set up by the plaintiff was
a rather remarkable one. As to the plaintiff himself, he
bad been differently described as a medical man. as s gen-
tleman reading for the bar, sad is other ways, and it turned
out that, according to his own statement, be was • manu-
facturer of artifioial legs. Whatever his occupation might
be, however, he submitted that there Gould be no doubt
that be was • person who knew very well what he wee
about and not likely to be very madly taken in, and
be believed he should satisfy them that so far from
any fraud having been practised upon him. be bad, as
many others bad, entered into a speculetios rod had
burned his fingers, and hie object in bringing this adios was
to try and make the defendant pay his losses. So far from
the defendant having been guilty of any fraud, or having
reaped any benefit from the transaction, he should be able
to show them that nearly the whole of the two the:mad
shares were still in his possession, that be was liable for all
the calla that might be made upon them, sad that in faro
he wee a heavy loser. He believed that be should also
satisfy them that the defendant considered this bank to be
in a good and flourishing position, and that if it could ob-
tain additional capital it would be very successful, and it
woe with this object that be joined it and became &director;
and he argued that he would have been perfectly justiffed
at that time, although It bad not bees proved that he had
dose eel, to have represented to say one that the lank
was prosperous, and with the prospect of an amalgama-
tion with some other bank, by which it would obtain addi-
tional capital, that the dare in it were likely to prove
• good investment. He then proceeded to remark upon the
fact that the amine had not been brought until the bask
were pressing the plaintiff to repay the money they had
advanced him, and he argued that the proceeding that was
taken by the plaintiff might very fairly 14 regarded merely
as an afterthought, to stave off the paymeet of the money ;
' and that, although the secretary. and Sir E. Pearson, cue
' of the directors, bad purchased aborts about the same time,
' no one but the plaintiff bad ventured to make the slightest
' suggestion of fraud sprout the defendant
At this stage of the cue the trial was postpcesd till
Monday morning at eleven o'clock.
Baron Bramwell has dimmed of nearly the whole of the
common jury causes, but there are dill general special jury
eases to be disposed of. Among three are three indictments,
one preferred by the parish of Newicgton against the
London, Chatham, and Dover Railway, for a animus°, by
their bridge. in the parish being erected in such a manner
as to cause danger to the public, by frightening horses and
canning accidents. The counsel for the prosecution are Mr.
Lush. Q.C., Mr. Hawkins, Q 0., Serjeset Robinson, and
Mr. James Johnstone ; and Mr. Brogl, Q.C., and several
other eminent counsel are retained on behalf of the defend-
ants. If the cause is tried out, it will in all probability
occupy two days.