The Express.
London, England, 1851-02-24 00:00:00

th • ill..C.aer in whirls he haelarbninitt. r. d,justice, and remark-
Ina u • •rt th.• ~and law ennteineal h I hit olrertationt, and
whys'* enrrehoratiie pro"( of tb. accuracy of t:ie
. (Kmar'ia) not,. That, oen.!em, a, ix the whale of
th • "vi ho le,. and it i. (or you to wh, then you think 31r.
Fluor enotralicted outrridly, or at all, by the 'Thiene,.
called fur th • purpose of contradicting him. You see it
mat not the batituro of those witnesses to attend rutin.
to the evidence (except, to be sure, the clerk). It
mit not the hll*illeVl of the policemen to attend to the er-
deuce, but nne of them says that, acrinling to hit th w, this'
was ea saturate and fair report of *kit took piece, with
the eteeption of the letter*. You will my whether you
think, spot the wini.e of the widen e, that this it e fair
a-count of what pawed. I her:only further to remind you
of the correeporidenet which took pace before the action
was brought ; and really I mutt say it seem. to me that
lona that core •.pon,l-nte no blame • oil be attached to
throe who ars eanneeted with the Snrs. It 'aelas to
ns, that upon tint oremion they were oispoted to do what
wt. perfectly fair For • new.papt r wautotily to publith •
10,1, aerl then to my, Convince the that it 1.1 fidse, and I
anal puldith a I ~tit' lilif WM:. in in-idiom. and is only an
aggravation of the injury; but this an. 110, a voluntary
and gratuiorit put& a,ion with • view to calumniate—it
yr N e report at • legal faeceeding. Now what it Meted 00
the pert of the plaintiff it, that A we. an talon fabricastem.
Grath-men, there it an pretence (or saying it was
au entire fabrication. Whether it wee an accurate
rime% -- r it was a fair account of the
tranmetion :• for you to dot. r:oine ; but there
is certainly a' pretmace for saying is it an entire fabrica-
tion. Theft had been a summon. obtained, Mitt Cotirteney
lad bees roam not, the murittrate had Rive a hi, decision,
and. therefor.. 1 , toy it it , Mire fabrication is la inis-
a•pre•mt the n item of the t ase. 1 hen, upon the
coniPlmal being made of this being an entire fahreatioa,
the first answer was that the repeat had been copied from
another Sawspaper. '(Me none. a letter, in Novesher, to
the attonsey of the Daily Acre free the plaintiff
attorney, which simply mks for the n en, • of the parties
who ought to be Thr answer to th ~t was a ropiest to
le informed what parts of the report w••rt objected to en
;ultra.. The. h rag a report, that doe• not seem unfair. If
it het beta a mere (*Detention it would have bees insult-
ing, but when it wet a report of an actual trial it wet not
unfair ao th, pow-; of the newspap. r te sa), " Point out
what pert you eampl tin of, awl we will have it rectitied."
There was an opportunity privea to the ilLintif to do to.
*LA if he bad ibme it there might haie been an explana-
tion and en apology. The answer to that however it a
rhtwil to point nut the part they. eomplein of, and that ea
a will be twatight. •The at 'rest i• Imatglit; here it is,
s•I pea stunt of it. I sill ,oily now repeat what I
beau by that if you Caulk this it a fair report of
the pmeeeding at the Thames 1...1ire tort between
laautenaat Wrator and If (~1111i011, you will find a
venial for the defendant. If you think it it not so you
w.:! find • verdict for the plaintiff, with each daniaiies at
you think the ri-r require..
The Mry retired to rentider their verdict, and after en
et,fee. e of nearly two hour. returned with an inquiry
whether one fartbing denier s wouhl carry rett ?
Th. lodge declining to answer the question, the jury
again and after an air-nee of a quarter of an hour
return, d a rennet for the plaintilf Damagea One
Farthing !

Innl Campbell—I will now tell you, R. n!letnen, that the
plaintiff will have no costa.
J urea. -Thank you, my lonl, that is what we wiahed.

COCItT OF COMMON I'LF.AS.—SATrunAy.
Sin INg., AT first 17.1111 r• •T Gl 11.1.1ALL.r &WW2 Cats. Jung,.

Jray" as ..fnrigt irons.

EtIIL .tr 3101:rirgrfIrL O. It..IIrI4TIMIN.—LIAIIILITY or
Alrvn►Ns or (•1.1'P.~.

This wan an act' brought by the Hurl of Mountraahel
against Mr. Itribertain, now a merchant at Itri.dnl, to re.
c..rer 3 plllll.ll of aunt of 2,2001., which had been paid by
the earl to the 04441111er, ;id Bank of London, in discharge
lartainliahilitii, incurred ht the rommitte: and members
of tbe Colonial Club and Society. of which the rarl war
ehaimirus of the rommittee, and the defendant a mother
of the dub, and al., during a certain period a committee-
man.

nerjeant Bytes. Mr. Lush. and Mr. Girard were for the
plaintiff. and Mr. it..lt for th. der natant.
It militarist that the Out was (item...! in 1X:17, to bring
into • Moto-tints contact ittnt"tanen in any way eon:
net froi with r.. .. affairs. They went on very well until
the )car 1511, when the club affairs were not in a very
110101,1111 M( Mate ; hut it was nevertheless flutists' that a
larger clulelomos• nhould be taken. and that the Orrin
should he osindurtsl an a mon• extenaksl stale than hereto-
fore; mad early in the year I• 12 a rcsalutiant was pawed at
a lame meeting of the club that it w 3. expedient to nice a
sitm 0f4,000/. on loan from the Commercial Bank. Mr.
Rohertaon was present at that nit. ring, an wry.' al,* Lord
Marenteralsel and atootat ninety nuniN•ra of the club. The
Commercial Bank advanced the money without donut, and
sultaniutntly Mr. Robertson bream,. a menthe, of the
to antoneg a...matinee, and in that capacity ',jetted several
elneks diapaning of portions of the money, but a house wan
taken in Mt. Janan's-square, the prop4Tty of Lord De Man-
ley, for which a rent of 1,11010. per annum was paid. The
club wan earrotal on there with leu sueeers than befoor. the
affairs became more 110.1 mon• involved, and ultimately in
Pitt it was fauna tattessary to break Up the establish-
mrnt and sr II or the furniture. There were then
deeds outstan.ling, iminoling the 4,1M0f. to the
Commercial Bank. amounting to upwarda of 7,0001.
The furniture was sold, and contrihntiona were raised among
Rat mentlor, which enabled the managing committee to
pay off between :1,0001. and 1,10)0!., leaving still a balance
against the chat of upwards of 3.01101. This nun it wan
nought to new by making a tall upon all the members for
nines of NI. anal •11., the pal. thing demanded ..f members
who wall the chat house as a hilt the It from thane who.
mo.n•ly ward the ranting room, and did not take any meat.
then•. The nitnalatn, howtser, were very rcluctant to pay
us. this tetra d mans, and taltintato ly tht Commercial Bank.
to which the n attaining ileht was owing. caused procttdings
to In taken against Lord alountrashal, as chairman of the
r•ennutite, and that nobleman had paid into the hank
2.11110., and giant security on his estates for the remainder
oil the sum It usemoul that a Mr. Westmactitt, alas a
moister, hail tonitributeol 400/. toward.. this payment, and
r Duncan Mtltougal 20111. The noble lord, not tieing able
to oblate nth. r MAW filial larilliter, of the club or tom-
maitre. bad at length alttcrn •all to take legal protnalinga,
sod hail tormentor.' about '...110 actions against meniters of
tilt club, of which the present was the Ore brought to trial.
Mr Robertson had paid 20/. towards a discharge of his lia-
louties, boat declined advanting any more.
'rhe Chief Justice, in summing up, sail, the jury, in
rousidering this cast, must rendlert that this court was a
mart for trying nine., anal not a court of honour. They
li of no right to impaire wheth. r Lon' Mountaanhel had he-
ll tsed met honourably in turning row ar.l to discharge a
debt incurred by many per-no. of whom he wan nee, or
what was the nature of Mr Itobertwin's rondeet in de-
etoong to pay more than It laid ulreaaly alone. There
angle he facts Is•hind wl!i.il would materially alter tht
aorwarant't of things. but w iris which the jury bad nothing
to do. lie was hound to t• :I flit nt that Mr. Itotterison,
simple as a menther of the Co' nial Club and Society, was
wit liable for this sum, or any part of it. This bad torn
d-raleil aver and over &Waal is our nouns of law. club
w as awry differ, nt trams a ra•lway corporation or a supin-
e, estop, anal it would to vary Ward to make individual
Inamln•rs liable tor dthta incurnol an the minmanagemeast
..f the fonds of the latter• eller- ttia-rt was no gain to tot
mute, whereas, In the formate. win no each had a chance of
snaking wonethieg by the son :dation. it was but fair that
rat h should tsar a portion of the loss. The question foe
tu• or, tau• was, how tier -• it being certain that Mr.
floitertson was not liabla•simpli number - win he Bahle
for having to .111) manner ago to hnitue liable, or slid
h promise to guarani..r any esutint of this dclit at the
taw the money was borrow all litho. jury thought In .1..1
or make hironch liable, the s would. of tonne, final for tht-
Vaintsff. It' nt, there was an a lel of the Mee.
The pry, alit, a few genet.: ornialeration, found ava r-
alict for dcfendant.

COURT OF BANKRUPTCT.—SATURDAY.
60011 M Ms. COOSOI.JONIA dat sums.
Ti,i REM tr I AND lb,ansn Bmic—jrnomiNT,
Honour gave judgment this itarelag (as stated
in lam !Waylay evening's Ezpress ), on the appli-
r dim of Thome. Neale (of the tram of Na.h and Neale,
bankers, of li, Mat • and Dorking) for his certificate. He
Asia the applicatiem had been first made on the 9th of
lo; somber last ; he should. th, reform, give judirment none
pro Plume The lifirantflun' I-hen place to ascertain
the molt u 7. large eosins mule in the separate estate of
Mt. 'Seale by policy holden in the General Maritime In-
terim* Company, which, if substantiated, would have
ewanewed up the whole, and eope:eltrateiy decreased the
dividend pet able to the creditors. Ile had decided against
that claim, and his decision had T... 1 been appealed from.
Tile result would be, he should to-t's, an immediate order
fur tran‘ferring the whole of Mr. N, ale's private estate to
the
titiint estate. and a luree el., eat nd would be paid
the 'et creditors, amountinet probably to two-thirds
or 'r debts. This was a taw of some importance,
iusolviog many eircumstanei • out the ordinary course.
No cams required greater attention front the court than
those of bankers, particularly in the rural districts. It had
been well observe,' by Mr. Commissioner liulroyd, in the
caw of the St. Albans Dank, that country banks, esta-
blished by individuals possessing aelequate capital, and =-
tinted with due discretion, were productive of the greatest
service. it was clear that this hank, in which there were
originally four partner*, two of whom were deceased, had
at starting very little capital; each partner had brought in
1.0001., but latterly they had Ken going on without any
capital at all as far as the firm •as concerned. It was true
the indivielual partners had capital of their own to a con-
sederahle amount, and that c.:pital, there being few sera-
rate cm:llion, would be handed user to swell the dividend
of the joint creditor.; but still, as a firm, they bad no
capital, and they had been froeug un for some years not only
without capital, hut with an expenditure: greatly ca-
rved* their profits, whiele were very small. It W. 1,1
said this was nothing unusual in hanks merely of
deposit, where the banker received the money of the
customer under a solemn undertaking that it should he
forthcoming whenever the customer required it, taking his
chance of lit ing by the interv,t he might make while the
mom, remained in his hands. It was a very questionable I
doetnne that such a bank could be conducted without
capital ; and he confessed he should very much prefer
banker who had something in his till belonging to the coo- j
eern. But it was • totally different question in the ease of ,
i not merely of deposit, but those issuing a large guar.- •
tirt;k amee—in this care about 10,0001. or 12,00 a—which
cimulated over a very extensive district, and fur which I
meseint the beak wee liable. This amount might be caked
Ire at say =meat, me in the ~,se of a panic or any alarm ,
labs blase ea to establishments of this dostription e dad a
booker going se without any capital at all as capital of the
Ism Mini my imprudently and with past injustice to the