The Express.
London, England, 1858-02-15 00:00:00

rOIS OF TH3 ILOTALL BRITISH
Ria(l.

In concluding his address on the part of the crown,
Sir F. Thedger raid he thought be had brought this
statement to a termination, se liar as he considered it
neemeary in order to intranos the evidenoe to their
attention, the various facts and chnumstances rang-
ing themselves under these then Made, which would keep
the matter perfectly dear in their minds, and by which they
would see that these defenclaida bad brought themselves
within the range of this serious charge of conspiracy to de-
fraud their shareholders and the public ; and he could not help
glancing for a moment at the ruinous consequences which had
resulted from this combination. Wide-spread ruin
bad been scattered over the whole of the country. Homes
had been brought to desolation, families had been plunged
from affluence into poverty ; the hard earnings industriously
ad/acted by a long life of labour had been utterly lost, and
every one who bad had connexion with this bank had had to
roe the day on which he trusted to the assumed fidelity end
truthfulness of the defendants. (M several points of the
learned gentleman's speech there bad been indications of
feeling on the part of the audience which now broke forth
Who •• Imirty cheer.) He would not trespass on them a
moment linter upon this part of the case, now that be heard
those sounds.
Lord Campbell said it was very indecorous, and must not
be repeated on one side or the other.
Sir F. Thesiger—Perhaps, seeing what his observations
had elicited, he ought to have spared them, but he confessed
that he felt so strongly that be could not help glancing at the
ruinous consequences that had resulted. He would-say no
more, but merely caution them in the inquiry, laborious as
it neoessmil must be, on which they were about to enter, to
keep stead yin their view those landmarks which he
had presented to their minds, end which would enable them
to steer their way, without difficulty, through all the compli-
cated and elaborate mama of Aida and circumstances which
must necemarily be produced before them. He celled
again to their attention the leading points to be
kept pan/tautly in view. Was the state and condition of
the hank such as he had represented it to them f On
a fair view of all the circumstances, was it pos-
sible that the defendants could have been ignorant
of that state and condition ? and, thirdly, had they not by
false, fraudulent, and deceptive arta end 0011171110001 induced
their shareholders and the public to believe that the concern,
which was in a state of hopeless insolvency, was flourishing
and prosperous P Those were the three points to which the&
attention mud ultimately be directed. He would not oda .
mother conuneut, but would eft down, having prepared them
for the evidence which must now be offered.
The /alewife *videos wee then adduced.
Mr. R. Padden aaadaid hie Mr. Atherton. (The witness
wished to make some obsecvedous belies beizasingworn, but
Lord Oempbell stopped him by him to
be swan.))—He said : Previourtmordr gYres In
with Mr. Mains, the attorney end solicitor, a Brr.=
in that psrtuerehlp until the death of Mr. Mullins in De-
cember, . In
ng the coons a 18481 became aware of oar-
tat poems bei misted in promoting • now bank—about
des latter end of 1848. This vas by Mr. Mullins's reports.
Lord Campbell thought that counsel would have began by
putting in the charter.
Mr. Atherton had thought of doing so, but afterwards
cdldfdered It beet to keep to the order of dates.
Iftiness-1 did not become connected with any of the de-
indents then. Early in 1849 I saw some of them.
Mr. fierjeant ghee said he understood the witness badmode
some objection to being sworn.
Lord Campbell—No. He wanted to make a speech, which
I would not Liar.

Mr. fleTjasist smdenstood—
Lord Campbell—l cannot hear you at present.
Mr. Berjeant Shoe—Then I must object. I wanted that
your lordship should hear what the witness addressed to the
mart.

Tord Campbell—l heard everything that was whinged
to the oorirt.

Mr. ieTjettat Shee—l feel It my duty to ask your lord-
ship to hear what I have to say as counsel for the defend-
ante, and I find I have the &swat of all my friends in No
doing. I ask your lordship to allow me to Mete that the
witness said ii substance to your lordship that he knew
nothing of this matter except what he had learnt in his pro-
fessional character.

Lord Campbell—He might have intended to do so, but
what he wanted was to makes speech ; and if he had so
said, I should have said that professional confidence had
nothing whatever to do with a matter of this sort.
Witness—l did not say anything of the kind. (A laugh.)
Examination continued-11mm° aware of the charter
being obtained. Mr. Manias need to attend personally
to Ms business relating to the formation of the bank. After
the charter was obtained my Item acted as solicitors to the in-
omweted company and as secretaries. I attended meetings
of the directors and took minutes of the proceedings. This
' is the memorial to the Board of Trade, praying for the
charter. [Memorial read. It was dated in March, 1849,
addressed to the Lords of the Committee of the Privy Council
for Trade and the Plantations, and prayed for • charter for a
I bank to be conducted on the ootch system. The promoters
exposed their belief that the lowest rum allowed for
capital, 100,0001., would be the most prudent and pro-
fitable till the useful occupation of that aura
should make it prudent to increase the amount.]
The paper produced w the answer of the Board of Trade to
the memorial of the bank. [lt was here read, and was to the
Abet that the memorial would be forwarded to the Lords of
the Treasury, with whom the decision of the point rested.]
Mr. Atherton proposed to put in • letter, dated 30th April,
from the defendant -Keened' to the bite Mr. Mullins.
Mr. Sedan Shoe objected cm the ground that it must be
taken as a letter addressed to Mr. Mullins in professional
confidence, ho besolicitor and Mr. Kennedy one of the
rs directo who appointed him.
Lord Campbel—What • party accused says to his counsel
or solicitor ie as sacred la • criminal proceeding as in a civil
one. I should like to beer what Sir F. Thesiger has to say.
Sir F. Thesiger said as the letter was written before the
Incorporation of the company it stood on • very different
footing to one written after that period. Besides, Mr.
Mullins was not sandier to the dihedral, but to the corpo-
ration, and the Menhaden &Med all these matters to be
produced in evidence. If, however, his learned friend
thought ft worth while to press his objection, he would with-
draw the letter.
Lord Campbell—l think it had better be withdrawn.
Mr. Paddison's examination continued—The deed of era-
siltation, dated 2nd Jetty, 1849, wee prepared by my firm.
The date of the charter is 7th September, 1849. I cannot
say whether the defendants signed the deed before the date of
the charter. The dates of the signatures are not inserted.
William Gatherer wee then called-1 was employed as
Mere registrar in the Royal British Bank from its own-
menesmeat until Its doss. I had moms to the deed of
settlement from time to time. lass the signatures of Berdalle,
Kennedy, Owen, and Cameron. I cannot say whether they
were written before September, 1849. I did not have seers
to the deed until it was wholly executed by the shareholders.
That was about September.
By Lard Campbell—To the best of my knowledge it had
bee. asectited by the defendants before
Cams-examined by Mr. Serjeant Sheet-814 wellarre.ot the at-
testing witness to the signatures of the directors. The M-
inting witness was Mr. Mullins. I will swear I bad
mien to the deed in 1849—about November in that year.
Mr. Paddies reeelled—The petition for the Mazur is
dated 12th July, 1849. 1 know the signatures of all the
directors except that of Heel; and I believe that to be his.
glue petition wee pat In. It bore the signatures of
, Keenedy, Cameron, Gwynn, Herta, Owen,
A‘43lmlterellatt, end others).
Yr Wade, on the part of Mr. Owen, requested the does-
ant to be read. He slaked the jar/ to hem who bed
embarked with hie client in this speculation.
The Associate then proceeded to read the a 5.... and
addressee of the other parties who had signed the petition.
Lad Campbell, after a considerable number of names had
been read, said if the learned counsel wished to show the '
respectability of the partim who signed the document, bki
ableci had boss completely answered.
The ort&el charter of imorporstion, dated 17th fisperes-
ter. 1849, borne the greet seal, was then given in widows;
and, at the request of Mr. James, the 29th clause of the deed
of settlement, impeder secrecy on the directors and an-
*yds to the transude =of the bank, was read.
Mr. Paddimon's meminstion was then resumed—l am
personally swam that at a subsequent period a petition
was presented for • supplementary charter. The
doenresat produced is that poetics'. It is rlgaed
wthree
ed of ths present d 4.• ants. (The
sign by M'Ciregor (governor), Walton, Ba-
den., °triune, Pellet; Owes, and Cameron, end prayed
fee an increase of the capital of the batik to an extent of
600,00 W. beyond the originel amount.) The supplemental
charter granted upon the parities is dated July 23, 1866.
I prepared a supplementary deed to be resealed in oommion
th the charter. It is dated June 12th, 1865, and is
meented by ems of the shareholders I seed both r
solicitor and secretary of the beak at the time when the
original charter was grated, Mr. Keened', Mr. Owes, and
Mr. Esdaile, acted es &mime, and Mr. Cameron as general
manager. Mr. Radials acted as director down to the CAM
of the bank. Mr. Kennedy went oat in Jemmy, 1860, and
returned in November. 1864; he then continued mill the end of
the bank. Mr. Owen went oat in Februery, 1150, and returned
in February, 1866. He then remained until Nth Fehuary,
1866. Mr. Comma mistimed general manager until July