The Express.
London, England, 1859-01-28 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 28, 1869.

MI nl7ol= WHOM 42 OLLUUS.
Os Widmilkitessinessi *met se view ed
the brdefiLlemi GIOIA Iteste
Woe Yr. Duels. eiener=der,
The desseed vet herd, at the Nth lerese.l=ped
itelit4 dir=dorhee • deb Is lb wk. hum
Moe el Os lasi yob MIK
Car.
Md. Sr Brim. es* lb.
whim hem driered we heed) dtewd Om she was gibe
r led, with the cap arm* et
herd • mitt at " Bap." eft* was sepsetel le • shot dm*
Mk dm* it ••• one Amin aid dit Iseh
eel et the ebbe. Kw PaYsysa. dr d the deereed. '
teedied r blester keit* fed deed *et be la wee
hems eel Mee ewe Sok rrty., Alma deem
if** • leeeet. she vont eat
Zak bettite weep lab, bat am se taalibliEllt
has aid it tee ye**, amid Asia GM Meeks, awe
hew M thee IS dli PG ewe as.. Ilbsettreshee.
ism It was srw MS Jib. Wier, MN IMMO
shoe Wiese deem le arepweibis ON se one
Is.. Shierreeherise, het it the EINIS anodes Ow
Ohdlerh. Ilarrh chaesty wet gobs le bar
work at tee aineete le the trdsek lawdes- et Maar
the lia N.I. mil met op illeptraihmkes. Woe the
pbegl. grYr.wre. a* bird • aro SO it NUS
MN VMS &skim des led" sad head a
wee She Am*
eirtiorsetar tarryiita.••=earstale the Ned keit&
seeirleeMee pule ben vitae Itebiemea ems Led. Mho
did set IS. emir am. am wee waft te. Ilhe armed
the hoe; sal is she watt awe mima herd seam as tt
er Owe pis* woe Wei. Er waled ale* Ity dee
fed pummel whs. L Mamma Mae dr had ewe vet
Hod at hi epee ; sok kola laldbirls dialhomeat
te het el the we% eel reer 'hod ea N. wmkn lissbea,
off*, Wt bb emeleyer's bee" Y libadmiamanst,
teat itlieetspre dem OM OW vita et its 111* bet.
Wag her the leutiaiellhearreese-leee end thes wt
the MI bet the beseen roil wet et arty. WWI
doe by Ibe YMid di ba, tot ~p.Ns Ms. Wed%
ptsway, and this get Yels the lose spas. It au do* set
bs Bs
treellebt. taw me m& wield be drivi
edam!. H. sem It
op lbe Yeems the fed
wenirMte e Is de &dole, 111111 opts pt ewer d••
wird Is the deli Ile did set so MI blot rigy
web err pert at tie tree Pelleireeeel•Me Brest we es
buie es the eight et the Mimi., at did rek es dime
the loss, bevies Wee me it es does mine len by Ile
etreneet. rte whir ~awe IPSO pabesed ; eat, aka owe
ammelteleit, injury releraed ma epa tatkict.—Maphator
thmermilaa

lab) It*llignue.
COURT OF QUEEN'S BENCH.—JAN. 27.
lIMIEw la Lars.—(&lors Lord Camels; sad Jostler
Crceoplaa, sod SUL)
OOOST MID MOTO= t. DIZOL—LIABILITY OF SAJ

This Niles woo hessitt bythe ~Oh Jobs thieg tad
&bat Belima. to weesver demos lan the &hallow,
him one of the reaaeglag onion of ths 'aver-
red .1= Iter slam vegestesisths se to the Main
ef the The yboloillb sold dry VIM kedecal by that
topoessentles le gneelan darn la the bah, whir*, they
onslaboal • ban, the bask Nimnd to be et the
Sae la ma laosined sada eat trafris
man Tho Ni Web SINN begin Mr. Bern I=getle
bet UnermaNantlen, what • wild wee reward ter the
14111., big ON Wake at their done,
lila.= ea& width lbw lad peid. gsaty, the
Attersey-Otweest ~es t • Me kwane
Mel ea the
ground, int, thane ageandee• wee he plelutllt;
secostUy, that lin vu as Manes to p telhejuoy; /Ay,
that the vadist was egoist the evidence ; sad Inetty that
the direetest male if UM Ni 1535 te-
/Gebel•
ISezisige.
Os et. Mr. Mead hews, Kr. WW, tad Mr.
Brans tem ea the pert et the ~lb; Ni the
partly Used Is asppeee et then*.
AmilreB=-Garreel mew weressed, nal andaded his
wg* wliattaiollowed is the v_. Me by Mr. Manes wed
Mr. )Guiana

Lai ampbell really feel greet pall aelleselag
}gamut in this ease, lamas I look upon Ms. Diem as •
c hum wise Ile edibles somidusi es bsastusele ;
I de net Oath that am/ pummel Mims at-
ledieastetehereeler, I balm that Y this tmeralios he
lee We reemied le le abet le wmag—
. Video sakes whose%
Damien eterear."
Ihe deimedat imputes to lace that be seesawed In • report
whirl he dew to be =hoe, sad that be MI so with the la-
st
brim deadeleg; sad I may
hr been rev* spier him. Mama sepal Is
ammieb lids—that • dividesd d Eve per emt. Ibr
the ItMlyear was he be paid out at pral _ that
Memsthe the &Mad would In •II teiaty
M _pi id est of prides sad that the teak was
Y 1157, Ia • It situation to award • dividend
of in per mat. The charge against him is sot 63r
emerring la the dividend, bet for representing that the di-
'Mead was hobs paid oat of Feats, end that the bank vas is
• ellastlea Is which tint mew might be safely takes. Not-
wilhalmedieg Ihe larder segments we have Issard itsMt
upset, ilea the lime, la the lieet per end the com In
the sierra mem to rah • rereseastation. Any ordinary
mesa, sr ray sem et Mime, reeding .the
mild be • emistatuy,
weald suppose&Atha es the Mt lie=eshly rei that la terms there
Wm that • tree eameat et the slaw et the beak falel
undoubtedly It wee net, end lased there is se dispute that
It was lasommte sad teen The asst and Important
moths to, wee tide maim to the knowledge of Mr. Dim ?
Noworlast Mr. Dim we hem es Imperter Massa, via.,
Mr. Dias Meself; sad thie makes nr ewgeel the more to
Gad • geWama who bee, metinteiaed
eses aberestar endtr. nepected by ell
who knew him, la the dimities to which be is
mimed, Mem, 11 ie hi ma outd sta
tad Ole Miss fa het,era arehaelmble. Nowi,dwe hardoms% m
le
emeMer whether be km' what the report oontainad was
mime, sad tar that mem I rife bli kis speech of the Mat
of Yak wry, 1151 Mere I reed that towards the end
of lase was eked to Meer • director in the
seem of Mr. who wan golag to n, rd that he
regaled, "!e." " en my Mom to Liverpool"
Wo wry feet Map Malt vas hoiambi Into tin
eandMfrr of the hark with smut is the drelateUm of •
Mimi The Malsarat offhb Whim of the beak, laid
bean me by Mr. earl* lel me tee the emeledea that so
divMrrd enght to be Mimi." Aal eat bit% the action
le set he • &Ail; bat It is meet importaat ho
Thew Mr. Mfam's at the sibs et the bank at the
Yee be satemat In the revert, eat Ohs purpose for which
be oestennl l Y" This Mast the me wr scented
M • reesdag of the directors_ ; bat st • meetlag
"Wady ccaeVe Mika wee reseed " s(l=
Ms moment , I won't say bat My meet
that the °riffled thou was ust " wh.M I
yielded, the maw brag that it wee derseremis In the then
youth= of the leak to am. the Wok of the owiteassat
that might be predeiad by the uneaseleration of a
Melded ; it might lam resulted to • run sad
'the stoppage of the beak. I mew/A to it only
en the understanding recorded is the Ma me that the state-
ment to the shareholder, should eastals • tall sad comet
disclosure of the position of the beak, eves blame' it
skald disclose the toot that the was Mimed oat of
capful." 8611 Mr. Dins is Min the pert of en homer
ma, bat was that counties fluefonsed la the rem lof the
00th of July, 1857 ? " The report which Ms bass
if well emunined, shows that fecr," he says, bat is firnslat
• document of this sort should require • mdaroseepical h-
aciendas in order le antes at Its true mewing ? " H wail
examined, it shows that tack although I do feel that It does
not make the silagmeed le the breed terms that would have
been adopeed If the intentlea had bora to slats that there was
• very lothleme wmpleek" He then sum that about Ho-
lster it Memo opposed le him that the paid= of the beak
Wei hi wens than be ever dreamt of, and that be mind at
seedeelea that heal of its apical was irretrievably lot.
He seat Menem that in the situation la which be
wee plamil it would have been impossible for blue
be hawe adepted soother line of conduct then that
with le permed. That he might have retired
am his edYe, end saved himself from for, but what bene-
fit would that haw been to tile shareholders P—and that on
the whole he preferred to abide his time and see whether he
axed do something towards mending the system, which he
felt to be wrong. Now, although this statement does Mr.
Dixon credit, I think it shows that he was conseloss he had
dose wrong, and regretted the conduct be had pursued.
And what evidence did he give when he was examined la hie
own case P That when he came to consider whether • Mei-
' deed could be thawed for the correct half-year he arrived at
I the concliesioa that there was a total deficit of 61,0001. I
have no doubt that at this time he wee fully pomaded that
H there was to be • dividend the must be ea emennichnesat

es the mpg. Be farther said that at alirasedag of lb;
direness be sneetiesed that in his opinioe there might to ha
no dividend, but that the majority disregarded hies, end re-
solved es • &Oka& " I said paying • dividend oat of es-
was • logthal abwardity, which if they pioneed they
might meemit, provided they placed on ward • minute that
se doing Amid set belerilme with giving to the abersholders
• true sediments Manama of the affairs of the bask, Awl
I drew up a resolution to that (Meet." Now, it is
clear that if the report which Lir. Dimes proposed had
ism published, it would have alarmed the shareholders and
ell who had any inteetioe of buying therm in the concern,
ler It represented that the mere. fund 1111/ gone, and that
the isms, if realised at awn would absorb about 68,0001.
a the capital of the beak. Mr. Dixon said • discussion took
piss at • meth* of the directors upon his report, but that
they did set like it and set It 'aide. Why did they not like
It f BONUS It would darn the shareholder, and those in-
clined ki bastes. theirebeideen beemmi It spoke the truth
he Kr =.in . Men than admitted that he ultimately
the report win* woe published. And with
what views did be demo? I ray he concurred in it for the
sake of the bank, regardless of the interests of those whit
dealt with it. It wee for the benefit of the shareholders that
the stabolitMed report should be publiehed instead of the
Mrson end lee wetted to that course. And why?
str infeessee is, that be concurred in the report bennes
be believed it would not prevent people continuing
their deposits is the bank or buying Its Ames.
Now, is that • fraud, although he might be-
lieve the if the bank went on, it would ultl-
met* pryer and berme • successful 'peculation ? la
the see id the British Bank directors, it was laid down by
the Wee, sad mot considered misdirection, that if it wee
their intend= to publish what they knew to be untrue for
the purples of inducing persons to buy shares in the bank,
they would be guilty if what was wroeg, 'and might be in-
dieted for • oonapirecy, although they might have believed
at the time that by • streormfth career It might become
entirely solvent. But pobilabieg an untrue statimient of the
tradition of a bank for the purpose of inducing persons to
become purchasers of shame sad to run the risk of its beak-
merry, is that which the law will not allow, and which may
be made the ground both of chit and criminal proceedings.
Upon the next question—Wes this representation made to
the plaintiff. P--there could sot be the smallest particle ol
doubt. Thistask such report. are comb:tally addressed to the
thareheiders, they me generally must far the infer-
nation of all who have bad. or ere likely to have,
dealings with the company, and I have no doubt
that when the directors of the Liverpool Borough
Bank concurred in and authorised the publicthoe of
the report of the 28th July, 18.17, they knew that it would be
ti the hands of all moth and thardiolders fa Liverpool in the
exude of a few house, sad would be acted upon by those who
mad it. But, beyond that, we have positive evidence that
might lave keen purchased by any one for • small chem..
Theta, are the plaintiff. not den:oiled ? Some criticism has
bees prod es the sum they paid for their share., but that
nes • geoid= for the jury, who have found damages which
I de sot consider isordinate—far from it ; and it is not con-
tended that they gave • larger sum than the amount of the
Is. stathined. Addressing himself next to the point se to
the rejection by Mr. Baron Martin of the reports of 1837 and
1838, twenty years Wore the cause of action rose, his bed-
ship said be thought his learned brother had properly re-
jected that evidence, but still, If he thought that the Noe-
receptios oftt was detrimental to the delendant, be should be
strongly inclined In • cern of this sort, involving so musk re-
putation as well as pecuniary thee, to mod it down fare new
trial. But be wee of opiates that it did not weigh use
teethes in the seals se regerded the verdict, mid that It men
deed no indthoses dther for or against the debndent. He
dimes, sew seamed. for disturbing the ventiot he the
apleintiat, end be emiddered that the rule for a now kid
mid be &dewy&
The east jel having expremed the Isms opinion,
The NM Metherg4stecedingiy.

Bitrebett, • tionboider. Oa the 2IM of July that order reed
the jedgmeat were registered against Mr. &velum. Saber
gushy a eiesspeemise wee Intoned Into with the creditors, In
eamytag eat width Mr. Bushed paid • large mon of money,
sad the esmaressise wee approved by Vice-Chenmllor
Kia-
dosh Thh onsprosehe wee binding under the 20th and
2lat vie., tap. 7k and the plaintiff therefore had no further
dela egoist Itr. Bashed. The judgment, however, rw-
maimed ss a seem of =mortice end trouble to hint, and the
prat &palisades therein*wee
ee, wee, that the registry of jade-
most Amid be Mrsekont, or theta Wants should be sabred
It OM ft had beta diariserd.
iftt rested.

timeissivet of that position te commit 'Mewive Mask upon
Oasis mmespectisg employers. The mamma upon each of
them wee live year,' penal servitude.
WWN .e Taylor, 34, dart, woe Waisted for having stoke
six beaks& cheques, repreesstieg the vents of 401. sod over,
tizakßobert Balks end Wawa his masters. lie
Mr. Sad the broke open the cesh-bou of
the vestry of stele the cheques which
PSIS fa ft, which he wan the neighbourhood and got
sheaged.
The emit matomed bin Is bud Mar far en. year.
ML wed Ma Simi woo kw the pesseehou.
Meg IS, saw, vas Woad kr unlawfully air
danklagy aad Me&lns4 reheat,
sad Ur paaarvaawall: Ort.fuldle tae,
_awl •
emend ea hoard etsk Mali at Lime/ewe" eerier ~blab
WI primer dank ldes link a In& sad wounded Ida* We
elds.

The Jury toad the prism* Gmley, sad
The roan seataand Na is naive menthe' herd Mow.
diAw CDueradl, 14, w WNW br steeling Mtn d
eoprigeshre fa Id, km TEM* gunboat, fa the Air
bai yard et Illeeran Maw Wixom NA Plook-
will, • bum osavklica at 'Woe amp oteouldod
spelt the same maim
Notootood to eta sostltt lord labour.
(Bekaa Mr. Crary.)
_ _ _

nomdis Ri4 Weil rd JAN well-draissel sod
gentlemanly-bobby persear, were tar having owe-
Wird ea smolt span Oarri Pops.
Mr.ffisigh mad Mr. T. H. Lewis Iron for the prorscatke ;
Kr. llslialte Medea Ste P. Doyle afgeseed
kw Panel. _ _

TitiTiio—aecatter ft • leftwil=/,cmg,a bedews at Be,
• gad ski dellindest, Itsd Sepewolee hot •
trauweetke with bin gout wow the mesh at Ake
was Qat Mr. Pala awed btu Is the meaty wort. Isis
de Whir lisivishel. the geasetator west awe
le lAN. be was mat by litabiel,
emeked his a veer,tibia Poiret treat Ur.
Pups tboegit Panel wee ea -ese •
awash, se ha mat away with la • aft, hut
earned out that be bed mew wen Um bgie eftl bed
serely rid be weft be a 'deter Illthebdl ft b• Wee
He Mimi tbat tbe
to be wait kir
War was a Sadie, anti daft he tho
ft mold wen it Ur. Pups to • wayealest ~iee le
• Ifteaeldleg. SWAM sae** It was al*td, pest
prevesallis 17111 r. Peeps Waft bin la the sweats,
awl (Alm eepiewwe um&
Titoism eepe• ea leftwatket ben the leaned judge, •o.
guiledd /Ir. Satcati who was thispetiale the box, and he den
eland that holtsd nothing whatever to do with the smelt,
and bad never spoken to Ri&ebell Wore the soonest it was
committed. He was standing in a door-way out of the Ma,
when he saw what took place, and then wont up as a spec-
tator,

Mr. Crary said that wee • erlefiratory eirdpstion.
Mr. Meralfe geld cc the pert of Mr. Itiotobell that he
could not day the caution r @suit, but Mr. Porpa had
Cealiprovoked him, by public insult, and I. a fit of row
tlaionght he would her his revenge in this way, but he
wee sorry ha bed bra so led away, and of course would not
repel war( 'Atha Wad.
The jury then food Ildbad Orley, sad
Kr. Crary eieraeal Ma to la days' lesprisour at, sad
to pay to the moan a See d SOL
Ida Radii, SO, wee Indira for Arian frier silver
value 71., and ether satiates, the of
Wiro &Whom'? Ms mistress, Si her d hoses.
Mnia
He pleaded 'inky, and thaAristaat-Jodge esaterae:d him
to nine maths' hard labour.