The Express.
London, England, 1858-03-01 00:00:00

THE EXPRESS, MONDAY EVENING, MAJNII 411•

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COURT OF QUEEN'S BENCH.—FEn. 27.

(Sittings at Nlal Pilus at &elklltalLßstoreLOni
Campbell and a Spacial Jury.)
ROYAL BRITISH BANK.
D/A.

Taz 417111131 c 'claim mown., RDWARD ZODAILI,
WREST DI7MXIMO MAOLIOD, RICKARD MAMTLIIT INN-
NIDE, WILLIAM DANIEL OWIIt JOHN STAPLETON, AND
MOON INNIS CAMERON.

In continuing him summing up on Saturday, Lord Camp-
bell proceeded. to consider the are of the defendants
in the following order. Stapleton, Macleod Owen,
Kennedy, Esdaik, Brown, and Cameron. With respect
to Stapleton, hie lordship thought no blame could attach to
the prosecution for including him with the other defendants
became it wise moat proper that the conduct of the whole of
them should be examined; nor could he impute any
blame to the prosecution for taking the opinion
'of the jury upon Mr. Stapleton's cue ; " although,"
rid his lordship, , I must coarse that I rather expected
after the evidence had been cloud that there might
have been an intimation that so far ea Mr. Stapleton was
concerned, no sufficient cue to be presented to the jury had
been established." But it was not for him to interpose, and
sa there was evidence to p to the jury, they mutt decide
whether Stapleton was guilty or not. It the jury took the
same view of Stapieton's car that he did, he (Stapleton)
would leave the court without a stain upon his character,
and if he should at any time return to his probation
of • barrister, his lordship said he should be glad
to see him practising in any court over which he pre-
sided. The next name we. Macleod, and, although there
was more evidence against him, there was no positive proof.
HU lordship thought a more serious osee was made against
Owen, who bad been much longer a director ; but he had
invested ell his savings in the bank and had not derived any
benefit from it. His lordship then referral to the evidence
as it effected Kennedy with peat minuteness, and particu-
larly referred to the letter addressed by him to Cameron on
the 16th of May, 1865, se showing that even at that time he
moat have had a strong suspicion as to the insolvency of the
bank. His lordship than came to the cue of Biddle, the
governor of the bank, and observed that he (Eadaile) had de-
rived no benefit from the bank, and had not obtained any
money from It; but he was concerned to state that out of his
own mouth, he had a knowledge of the true state of its
affairs. His lordship then proceeded with the evidence as it
affected Brown; and ogled upon the jury to dismiss from
their minds ell prejudice, and to consider him aa an innocent
man until his guilt was proved. He had borrowed largely
from the bank, and, having given securities, he had a strong
intense in keeping up the bank as long as possible, but he
wee abaid that destruetion would come down upon it and
him, if strong measures were not taken. His lordship then
came to the ease of Cameron, who, he said, had borne a high
chestier, but it appeared he wee a sanguine man, and
hoped that the Lank wotdd become • valuable
eatatillehment. It would be tor the jury to say whether
being dkappointed in that hope, he had not resorted to
unworthy mesas, and become a party in a scheme for
deceiving the shareholders. The bank commenced with
• =all capital, less than 60,0001., and it soon got Into M-
ealtime. The jury would say whether it was not contrived
that there should be a aeries of balance-sheets to deceive the
public, to conceal the loss which had been sustained, to make
it appear • flourishing concern, and to draw in purchasers of
sew shares. The balance-sheet and report were prepared
under the direction of Cameron, and the jury would say
whether the directors and Cameron were not acquainted with
the real state of the bank's affairs. It would be for them to
say whether any two or more of the defendant. were pith):
and, though it would be • great satisfaction to him tf they
weld say they were not guilty, he (Lord Campbell) was sure
they would not shrink from their duty, but would give a
verdict which would be satisfactory to their consciences and
to the country.
The learned judge having completed hie charge, which
occupied exactly four hours in delivery, at four o'clock, the
tipetaff was sworn in in the usual form, and the jury retired
to deliberate.

Frideny it five minutes to six the jury returned into court
and entered the box, the anxiety felt by all present for the
mutt of their conference being most intones.
The Foreman then
of the jury bans on a verdict. I am the
addrier% lordship rid—My lord,
eleven
only dissentient ; but I ppe may be permitted to say that
I agree with my brother jurymen or far as their verdict
affrtstbree of the defundants.

gentlemen,Load Campbell—Yoa see, there must be a
goee any of the defendants
nnenizoone verdict of the jury
out be convicted.

The Foreman—We are unanimous about three of the de-
fendants. We and three of the defendants guilty. Eleven of
the jury consider the remainder guilty, and from that I
ot

LoniCampbell—Yott lee, gentleman, I cannot take that
verdict; in fact, it is not a verdict. It moat be the unani-
mous verdict of the twelve, and I moat therefore only ask you
to retire and re-oonaider 'our verdict.
A Jorev—l am afraid, my lord, it is of no use.
Lord Campbell—ls Mr. Atherton here?
Mr. Atherton—l am here, my lord.
Lord Campbell—l do not know if the crown would omsent
that a wile prosegui should be entered as to those defendants
with regard to whom there is a difference of opinion, and
take a verdictry on the cases of the three defendants on which
the ju is ag.
Mr. Kennedreyed—As counsel for Mr. Brown, I am instructed
to oppose that, my lord.
Mr. Atherton—l wee just going to ry my lord, that in
the discharge of my duty I do not believe I could adopt that
course.

Lord Campbell—Then there Is no other course to be
adopted this for the jury to withdraw and reconsider their
_ _

AJaror—l don't think there is the slightest chance of our
sg=er Juror—Could not a juror be withdrawn P
Lord Campbell—No. There must be the unanimous ver-
dict of ths .
The Foremajury n—Nay I be allowed to say a wort, my lord?
Lord Campbell—We must have no discussion in open court.
It must be in private amongst yourselves.
The Foreman—We wish to ask whether we are to be satis-
fied of the guilty knowledge of each defendant with regard
to the balance-sheet.
Lord Campbell—Oh yes, gentlemen. Before you can con.
TIM any of the defendants you must be satisfied that he was
acquainted with the reel state of the bank. You should not
convict any one of them unless you are satisfied of hie know-
ledge of the affairs of the bank, and that the balance-sheet
was fake. After that intimation, gentlemen, I think you had
bitter withdraw.

—Wmfury Wain withdrew at 6 o'clock, and shortly after 7
they mat in written communication to his to p, who
makil—The jury wish for the letter of the 15th of May, 1865,
from Kennedy to Cameron. Let that latter be seat to the
larkcain at 12 minutes to 8 the jury returned into court, end
their names having been called over,
The Asnociate raked them the usual question—Gentlemen,
are
_you all agreed on your verdict ?
The Foreman—We are. _ _ _

---
you find Humphrey Brown guilty or

of guilty ?
Tim Farman—Oallty.
Tbe Astociale—Do yon find Edward &dab guilty or not
&V,
Tbo Portman—Guilty.

The Am.:data—Do Yon find Henry Dunning Macleod
runty or sot guilty
The Foureem--Onilty.
The Amooiefe--7,- -

•
you find Bicharl Huntley Kennedy

NS, or not guilty P
Thu Foreocau—Ouilty.
Tlue Aasociate—Do you find find Wen. Daniel Owen guilty
rust tuiSty P
The ranialm—Oulity.
Tie Associat•—Do you find Jobn Stapleton guilty or not
siltyP
The Foreman—Guilty.

the laeOciate—Do;Mi find Hugh Lanes Cameron guilty
to not guilty P
The Foreman—Ooft.
The Foreman then added—lt la the rrquest of the jury
that I should read this to the court, " We Hod all of the de-
fendants guilt , but we recommend the following to the
merciful aattddaation of the court—Stapleton, Kennedy,
Os end *tclwd."

After • brief pause,
Lard Campbell said—Mr. Atherton, do you say anything ?
Mr. Atherton—No, my lord, I do not.
to Lord Csaipbell— Pls judgment prayed for—l am now ready
give Judgment
Hr. Atherton—lf year lordship is ready to primostace
JJudgment on
ththee various mesa, I should certainly pray the
udgment of court.
Lord Campbell—Perhaps it would be more becoming that
I should take until Monday to consider the Judgment I will
pees.
Mr. Berjeent Man—There may be many circumstances,
mild, that we might submit on affidavits.
Campbell—No , there nn be nothing of that sort.
It is better list I should proceed at once.
Mr. Kennedy—There may be on the part of Mr.
Brown vary geed canes for • modes for a new trial.
Load Campbell—l will at once pronounce the Judgment of
dr wart.

All the deliadeate ware then ordered to stand forward. earl
took their place inunalistely below the bench in front of the
Associate's desk in the following order : Mr. Brown, Mr.
Ouneroa, Mr. Falleila Mr. Macleod, Mr. Mapleton, Alder-
men Kennedy, sad Mr. Owen. Mr. Caeram and Mr.
Brown appeared rather n,mera4 the Ammar Wake bk
ce on his bend end narrowly wtek the leaved judge se
be deliberately verbal tbe eratestie be was about to award
to seek of the diketleate in be notebook. Mr. lade* Mr.
Method, sad Mr. Owen sho kept their eye Inedly an his
lorahip ; but Mr. /Mapleton and Alde s' n' Kennedy ap-
pend M feel their position most acutely. no Meer never
mind his eyes from the ROOT daring the weft of the ea-
team, sad sewaul time struck his brae merralsivetpte.
teem as one occasion rolling down kis cheeks. Mr.
ice &aced unity wound, sad his whole agpsireacio In.

Masted the great mental anxiety from which he WM suihrlng.
Lard Campbell then, amidst the moat profound like*
proceeded to pass judgment. He said—l will first par ima,
teem on Humphrey Brown, Edward Esdaile, and Hugh
Imes Cameron. You three defendants, after a long, and I
Ups a patient and Impartial trial, have been ocevicted by a
Woyatt eitontrymes of an infamous crime, the charge
• fo mommas, to deceive and defraud the shareholder
of the benk by labs ntimepresentatione, and it is clear, though
I sin acquit any of you of originally planning the fraud of
to cheat the public in the foundation of the bank,
yet it now derma/tredve that for a number of years you
en a system of deliberate fraud, and from year to yaw
ail fir iblefeefed documents for thirectly or indirectly, purpose of deceiving theaged in
public,
own benefit, directly
the illicit transactions. It would be a disgraceeng to the
law al say country if this were not a crime for punishment.
It is net •brook of contract with the shareholders, but a
teluinak to do that which inevitably leads tomtit
publie to the ruin of families, reducing widows and
been a slate of affluseroe to destitution,
I am awry to say that the only mitigation of your offence is
a too cowmen practice. Unfortunately a laxity has been in-
troduced In certain commercial not so much from
the defect in the law as from the feet the law has not
been put in force ; and such practices have been adopted
without bringing the cone:stone:less of shame on those who
practise them, and I am afraid without much loss of charac-
ter amongst those with whom they associate. It was full
time that an end should be put to such a system ' • and Ws
information wad properly filed by her Majesty', Attorney-
General, and the jury have come to a proper verdict. I hops
ft will now be known that such practices are not only illegal,
but that no length of investigation, no device will shield thaw
who commit such practices from punishment. In conse-
quence of this being the first information of the kind I pro-
nounce ce you a much milder sentence then I otherwise would,
end that sentence is, that you Humphrey Brown, Edward
Redalle, and Hugh Ines Cameron, be imprisoned in the
esn's Prison for the term of one year, amongst the Bret-
• of misdemeanants. Richard Hartley Kennedy, thejury
lave eseammended you to mercy and I most respectfully
d I
died to that recommendation. think there are grounds
wfdth.joelified that recommendation, though there is strong
'Odense against you is that last paper for which the jury
mat, and which shows the diligent attention they have paid
to your ease. It shows that though you might hive been a
respectable member of society, and filling with credit the
office of sheriff, you lent yourself to this scheme, although
you did not derive any personal advantage. It appears to my
mind, that when you last joined the bank you knew it was
Insolventand that the statement of its affairs to which
you lent yourself woes a false statement. The sentence of
the court upon you Richard Hartley Kennedy Is, that you
be Imprisoned for nine months in the Queen's Prison, also
in the first class of misdemeanants. (Here the defendant
shed tsars.) William Daniel Owen, the jury have likewise
found you guilty—that you knew the insolvent state of the
bank before you concurred in that report and balanoesbeet.
You had long been a director, and bad ample means of in-
formatko. Several papers read in evidence disclose that;
and therefore, though your guilt is mitigated, I think the
sentence of six menthe imprisonment is the sentence which
the court ought to pronounce. Henry Dunning Macleod,
the jury, who are the proper judges of this care, have like-
wise found you guilty. You were a member of the Royal
British Bank, and had means of information as to
the state of its affairs. The jury have found
that you had that information, and that you had
that guilty knowledge when you concurred in the balanoe-
sheet. The sentence of the court is three months' im-
t in the same prison, and also in the same class.
YolsbnitZleton, the jury have found you guilty but I cannot
conscientiousconscientiously sentence you to a severer punishment than
iltt,y.c.tlEy to the Queen a fine of one shilling, and then be
7—dr. Irepleton here bowed low to his lordship, and there
were some manifestations of applause, which proved that the
•

public sympathy was in favostiii tha defendant.
Mr. Kennedy—My lord, on behalf of Mr. Brown, I have
to ash our lordship to defer the execution of the sentence
until Monday, that arrangements may be made.
Lord Campbell—No ; I will not delay execution of the
sentence one single moment. (Loud applause from the
spectators.)
Mr. Atherton here mentioned to his lordship that he had
said, with the concurrence of emced on both side', that he
would decide what remuneration the jury should receive.
Lord Campbell—l most willingly undertake the duty ; but
when I ern called upon to say what is • fit recompense for
Qs jury, I regret that it is not in my power to award them
inch a recompense. I can only go on the principle on
which the payment to special juries is awarded, and that is
a guinea a day to each juror. Therefore the sum that I
award te each juryman is 13 guineas, but that sum, I say,
is a most inadequate recompense; but in addition to that,
gentlemen, you have the thanks of your country. There is
one thing more which I wish to say. As far as I have ob-
served, my recommendation that the public journal should
refrain from all comments on this trial until it was over has
been strictly observed. That is highly creditable to the
press; and I rejoice the time is now come when it will be
open to all her Majesty's subjects to freely comment on this
trial.

Mr. Atherton—My lord, there are two informations
other defendants, and I have to apply to your lordaarpit
them to
make remands.

Lord Campbell—Cortainly.
His lordship was making some further observations to the
jury, which we were unable to hear owing to the noisy inter-
ruptson of the man who serves the subpomas on the special
jury is requesting them to take his essurance, as an officer
of
/d the court," that he was to call on them with their fees on
cmday.
All the defendants were subsequently passed through a
private door, from whence they were conveyed in custody to
the Queen's Bench ninon.
Now that this protracted trial is over we have again to
express our acknowledgment, to the officials of the court for
the excellent arrangements made for the press, and the cour-
tesy with which they afforded any facilities in the discharge
of our labours.

COURT FOR DIVORCE AND MATRIMONIAL
CAUSES.—Fen. 27.
Mabee the Judge Ordinary.)
NOLTITIVX I. XOLTNEVX—PIOTACTION TO A DESERT=
Wines PROPIWIT.
Dr. Addams, Q.C., applicd to the court for an order to
protect certain earnings and property set forth in the ec.hedule,
and belonging to the wife of Major llelynenx. The parties
had married in August, 1836, but the major, without reason-
able cause, bad deserted his wife in the February of 1838.
She had heard from him in 1848 and 1854, but abe never
lived with him since the cohabitation first ceased.
Sir C. Cromwell made the order requested, but observed
that he could not protect any specific property. The order
must be In general terms.