The Express.
London, England, 1867-11-07 00:00:00

BAIL COURT.

Sittings at Nisi Prius.—(Before Mr. Justice Shoe and a
Common Jury.)
DARBY V. BEALIN airri OTHERS.
. . . .

The trial of this cause, which was an action by the
secretary of the New Reform Club against certain mem-
bers of the League, was resumed this morning. An ad-
vertisement was put in which stated that in June, 1866,
the club was formed.

in cross-examination, said this was the first
business be had been engaged in. He was • law student—
he was secretary to the County Club promoted by Captain
Addison—he acted as secretary of that club for eighteen
months, and he was not requested to resign because be
had demanded gratuities from tradesmen. He asked far a
sum without mentioning the amount from a builder.
Recaised • present from the tailor of theclub and also front
a jeweller, but he did not ask for them. These things
might have indimed him to resign, but Captain Addison
dhl not ask him to In conjunction with many others he
promoted the Corinthian Club in Bury-street. No one be-
came a member of it ; he acted as honorary secretary, and
expected to derive • profit from the undertaking. He had
been sued, and judgment had been obtained against him
for the amount of goods he obtained from tradesmen. It
was not an hotel, and fell through from the first. He also
promoted, in November, Ida, the Venezuela Club : that
also came to grief, and entailed much litigation.
He told Dr. Lankester and Mr. James Bodes,
with regard to the New Reform Club, that if they
would lend their names they should incur no liability.
and he informed Dr. Hunter, at his chambers, that there
was no responsibility, as he (plaintiff) would pay all preli-
minary expenses, and that Mr. Williams, hotel-keeper in
Jerniyn-street, would allow the meetings to be held at his
house. Before the 7th May he issued circulars signed
"C. Ellis, secretary pro tem." That was at a time when
be did not intend to become secretary. Ellis
was his clerk. The circular was issued before
seeing the defendant. The circular stated that
another club was necessary, and that many gentleman had
put down their names who were desirous of becoming
members. Mr. Hathbone, with the knowledge of the com-
mittee, arranged with Mr. Williams for the premises in
Jerrayn-street, viz., 1,200/. a year and 1,000/. premium.
The committee decided in what way the premium
should be paid. By direction of the committee •
copy of the resolution was sent to Mr. Wil-
liams, hut be (plaintiff) was not aware at the time of
the omission in the copy seat to him as to Mr. Rathbone's
liability to Mr. Williams- At • meeting on the 17th
Septen.ber, 1866, was the first time he knew of any com-
plaint being made against him. Mr. Williams, he believed,
had made a previous application or demand on the com-
mittee. Mr Hunter, in a letter to plaintiff dated 94th
May, withdrew his name on account of his professional
business. He did not inform Mr. Hunter the name of the
friend who was ready to back him (plaintiff) with 1,0001.,
but he urged him to continue on the committee. There
was a complaint made that he had borrowed 2:J. from a Mr.
Hargrave for the committee, but he denied it. He admitted
howeverbavingborrowed sums of money from other persons.
He told the committee in answer to their inquiries that it
was no business of theirs, and he declined to state
the amounts. .1 special committee was appointed
to investigate the matters, but ho did not attend
its sittings on the 20th September ; he, however,
sew some of the members, who advised him to
call and state his views of the terms of his retire-
ment. He had before informed Mr. J. Reales the commit-
tee insisted on a release from liability to Mr. Wit-
lisls, but that he repudiated ; his vouchers
were produced to the special committee, and
some of the defendants informed Mr. Sheen
that the committee bad consented to his terms He
had employed persons and incurred debts for the club
with their permission, and be had also incurred
debts on his own account for the club, such
as for advertisement'; be had borrowed money
on his own account ; many Lames on the
books bad to be struck out because the parties repudiated ;
46 members, in all, paid their subscriptions. Mr. Sheen
was an honorary member of the club.
[The ease is likely to occupy the whole of the day and •
portion of to-morrow.]