The Express.
London, England, 1866-12-21 00:00:00

THE FATAL ACCIDENT ON THE METRo.
POLITAN RAILWAY.

EQUITY COURTS.
(Before Vice-Chancellor Sir W. P. Wood.)
HT RE THE AGRA ANT ILSTEENIAN'S HANK.—LI PASTE THE
ASIATIC BANKING cosPonaloff.
His Honour gave judgment this morning in this ad-
journed summons, which involved a point of consideraby
le
commercial interest. The question was argued on Tuesda,
the Ilth. The official liquidator of the Asiatic Bankingeor-
poration made aclaim against the official liquidators of Agra
and
these Bank for a itIGI of 6,000/. and expenses
under these circumstances. There was • firm of Dickson.
Tatham, and Co., carrying on business in Ceylon, where
the Asiatic Bank had a branch. Dickson, Tatham, and Co.
held an open letterof credit from the Agra Bank, and having
this, in ?ay, 1866, they went to the branch of the Asiatic
Bank in Ceylon, and sold to them bills which had been
drawn by Dickson and Co. t the Agra Bank in Lon-
don, leaving with them a copy Rothe open letter of credit,
and the Asiatic Bank endorsed the parts.culars of the bills
thereon. The letter of credit was in these terms :
" No. 394. To. Messrs. Dickson, Tatham, and Co.--Gen-
tlemen,—You are hereby authorised to draw upon this
bank at six months sight to the extent of 15,0001. sterling,
and such drafts I undertake duly to honour on presenta-
tion in order. This credit will remain in force for twelve-
months from this date, and parties negotiating bills
under it are requested to endorse particulars on the back
hereof. The bills must specify that they are drawn under
Credit No. 394 of 31st Oct., 1865.-1 ant, for the Agra
and Masterman's Bank (Limited),
" U. BALFOUR. General Manager.
" G. B. DOLBY, Accountant.„
Shortly after the above transaction, the Agra Bank rue-
pended payment ; and on the bills being presented to the
liquidators, they refused to accept them, or to allow
the Asiatic Bank to rank as creditors on the
following grounds :—They admitted that the bills
were sold on the faith of the open letter of
credit being shown to the Asiatic Bank, and that
the particulars were duly endorsed ; but they said Dickson
and Co. were indebted to the Agra Bank in the sum of
6,000 f. and expenses ; further, that it was a rule of law
thet • promise to swept a bill not in existence does not
amount to acceptance ; and finally, thnt there was no
privx. ity between the Agra Bank and the Asiatic corporation.
O. Id. Giffard, Q.C., and Mr. gekewich, for the
Asiatic Bank.--It is monstrous to say that, after the Agra
Bank have given this open letter of credit to induce per-
sons to advance money, the parties who have acted on
that re
presentation have, neither at law nor in equity, any
right to make any claim whatever against them. Mr.
Dickenson, Q.C., and Mr. Roxburgh for the Agra Bank.
—lt is admitted that a promise to accept a future bill
is no acceptance. This document was no contract
trabetween
the two banks. It might have been • contract between
the Agra Bank and Dickson and Co., but the conwas
not ssigned. The Asiatic Bank could take the bills only
subject so the claim against Dickson end Co.
The Vice-Chancellor, after stating the points, observed
that it tad never been the subject of actual decision ;
although it was clearly laid down as law since Lord Mans-
field's time that a promise to accept an undrawn bill of
exchange is no acceptance. It was, therefore, quite clear
that the contract in this case did not amount to an ac-
ceptance, so that the holder could recover in that respec
on
t ;
but the claim bad been put in argu•
ment as if founded
contract between the negotiator of the bills
and the person giving the undertaking, through the
medium of the person holding this open letter of credit.
Now there was no evidence of such a transaction as this
being supported by the custom of merchants, and the
absence of decision on the point was a reason for believing
it to form no part of the lex mertatoria. If the claim had
any validity, it could only rest on that question of agency
which had required some consideration. His Honour le-
ferred to the cam of " The Bank of Ireland v. Archer," re-
ported in the II th vol. of !Leeson and Welsby, and sa
thoughtid that in
the absence of any authority exactly in point, he he
should be introducing a great novelty into the lex merca-
toria if be were to admit the claim. It would be in
billfact
giving the effect of an acceptance to these undrawn s,
which was the very doctrine that was exploded ink e case
referred to. If the °sae had been that of an agency,,which
the person holding the instrument was empowered to
authorise the dedication of a sum of money on
the part of the giver of the instrument to the person
advancing money the cue would have been different ; as
it was the negotiator of the bills took them, subject to all
the equities between the holder and the giver of the
instrument. His Honour must refuse the SUMMODB, but
if the applicants liked he would give them leave to bring
an action.
Mr. Gifford said that as the Asiatic Bank was being
wound-u by Vice-Chancellor Stuart, to bring an act
leave mist be obtained from that branch of the court. ion

(Before Nice-Chancellor Molina.)
RE THE REGENT'N CANAL IRON WORKS COMPANY (LIMITED).
This was the petition of Mr. JuiWins, a shareholder,
praying furpany. an order for the compulsory winding-up of
the com
Mr. °Woe, who appeared for the petitioner, stated that
since the petition wu prepared the secretary of the com-
pany had filed an affidavit stating that at a meeting o
of
f
the shareholders a resolution had been panted in favour
winding-up voluntarily. Under these circumstances he
should be content with an order for a voluntary winding-
up under the supervision of the court. I
Mr. Osborne, on the part of creditors to the extent of
14,:)001. ; Mr. Bally, for the company ; and Mr. Roxburgh,
fur the committee of investigation appointed by the share- ,
holders. supported the application.
Mr. Wickens, for the International Financial Company.
who claimed to be creditors for 8,001.1/., opposed on the I
, ground of dissatisfaction with the appointment of liqui-
aator. lie stated that Mr. Judkius received that office to
, induce him to agree to the voluntary winding-up.
Mr. Lindley. who represented a contributor, also asked
' for a coiopul4ory order.
After some conversation an order was made with the
• concurrence of all vertu., for a voluntary winding
-up
under supervision, the matter bring referred to cluitubers
for the appointment of an aulditional liquidator to be pro-
- by the creditors.

'barged with riesling, within the past nine months, at
o. 10, Green-terraoa. Clerksnwell, between his
' . worth of go and silver wire, the property of
gold
ployers, Hems. Henry William Johnson and Son.
, Ur. Lewis, solid, or, of Wilmingtonoquare, prosecuted,
1.-.. and said he should have to ask for • remand, to enable the
prosecutors to go through their books and ascertain their
. precise losses.
The facts proved in evidence showed that the prisoner
had been in the employ of the prosecutors for some time as
confidential clerk, but • few days since they had to dis-
' charge as they suspected that he had been robbing
them ton large extent. On going through the books
they found they had been tampered with, and in one case
where 72 onnoes of gold wire had been sold to
' a customer, and paid for, the prisoner had prefixed the
figure 1 to the 72, and, had by that means been able
to steal 100 ounces. The prosecutors finding this, went
with police-constables Jones, 165 G, and Knowles, 200 G,
to the prisoner's residnce, and seeing the prisoner, Knowles
said that he was an officer, end that he had called res-
pecti a robbery at the prieoner's late employers', he also
told Um that be would be charged with stealing gold wire.
The prisoner said It is quite right ;itis a very bad job
for me. It is not more than I expected." In answer to
further questions the prisoner said he had sold the wire ;
and when the officer mentioned to him about the &Itera-
tion of the figures in the book the prisoner said " Yes, !t
a all right ; that was how I did it, end I amp for it.
The prisoner asked none of the witnesses uestions,
nor did he make any defence.
Mr. Barker remanded the prisoner for a week.
ILLKLBOBOIJGH-STIGINT.
A SOLICMOVEI CLERK 121 TROU ALL
Arthur White, of No. 56, Winchester-street, Pimlico,
was charged before Mr. Knox with being drunk and &B-
ewaring Police-ooustable Fish, 331 A.
Fish said that about 4 o'clock that morning he was near
the Opera-colonnade, in the Haposzket, than being a
good many persons assembled in consequence of there
having been • ball at Her Majesty's Theatre, when
the prisoner, without his saying a word to him, came up
and struck him in the face with hie stick, and on his turn-
ing round the prisoner struck him on the hat, in the pre-
sence of Inspectors Silverton and Draper. The inspectors
advised the prisoner to go away, but he refused, saying
that he was • solicitor's dm*, and in wintoot his
being drank and canning • crowd be wasobliged look
\him up.
The
.prisoner denied having had anything* to drink. Be
went into a tobacconist's and gave helf--crow to a
" young person" to take for • cigar, and then young
person ' 'refused to give him any change. After staying
half an hour, he went up to a confinabler
1P,A11102061 her, or
and told him to
take the tobacconist into custody, o
\ something else,
resulse,,ertonand
corroborsthe constable at ontabceletol ,andd him
(prisoner) that he was drunk, but be was not.
the prisoner was drunk.
The primmer said be 'newt drunk, only excited through
1 being s-windled at the tobacoonist's. The cshuge against
him by the police was trumped up., the constable being no
doubt in league with the tionnist. s
Inspector Silverton midi the constable who was as-
saulted was not near the tobacconist's door all the e
vevening.-
The prisoner here addressed the inspector in a ry in
miring manner, for which he was rebuked by the magis-
trate.
Mr. Knox said the police had no right to interfere under
such circumstances as the prisoner had mentioned,
and if the person at the tobacconist's kept
back his change, he ought to have gone to the county
!court. The chances were that if the constable had inter-
fend be would have been turned out of the force. After
some difference of Opinion with one constable the prisoner
had gone to the lonnade, and without reason
I had struck a constable who was in the performance of
I his duty in the face with his nue. He should fine the
1 pierisothne treadmill prisoner 5/., and if there had been any marks of violence
on the constable he would have sent the priioner at
WORSHIP-STREKT.
A AV WALT li Y THUM
Darid Hammes, • stout and respectable-looking person,
43 years of age, was charged with robbing his employers,
Messrs. Charles and John Gould, wholesale grocers, Nos.
4 and 5, Shoreditch.
The prisoner had been suspected for some time of pil-
fering from the counter-tills. Money was marked and
placed in them, and 3a. of it was subsequently found in his
possession. On searching his house No. 1, Fglinton-road,
Old Ford Bow, 46Ibs. of tea, eight boxes of sardines,
seven bottles of sauce, and other articles of the description
and quality sold by Messrs. Gould, were found and
uto
claimed by the proses
who had placed great oat&
deuce in him.
Sergeant Gee, who has the conduct of the case, asked
that the prisoner might be accommodated with a seat in
the dock ; while at the station house he had been seized
with a fit, from the effects of which he was now suffering.
Prisoner, who appeared exceedingly low-spirited, was ac-
cordingly seated - while sufficient evidence was taken to
justify • remand.
It was subsequently stated that he had recently been
left property amounting to 3,000 t.

This forenoon Mr. W. H.iril PiSajp-nlel,'eo.) roner fur tea
City of London, opened an inquiry at Bartholomew%
Hospital, into the circumstances attending the gm*,
Charles Paaamore, Hy. Clarke Lukey, and Sarah J -
who lost their lives on Wednesday last by the amp
which befel a train belonging to the Great Waiters Ins.
way Company while es route from Itooegata.earms h
Kenengton. The proceedings created a great dell e
interest, the large room in which the inquiry was hey
being filled to its utmost capacity during the heavies
d
the evidence.
Mr. Serjeant Eialleatine was present on behalf cd fit
Thames Ironworks Company ; Mr. James Barbell, Nag.
tor, attended ill the interest of the Metropolitan Rides
Company ; Mr. Bentley, oa behalf of the friends 4
Lukey ; Messes. Vanning, Naylor, and Robins, esk
tors, appeared for the friends of Wt. Johnson ; sag isr.
Lewis, ern., represented the friends of the dammed
Charles Passmore. There were also present Mr. lute,
the traffic manager, and Mr. T. R. Johnson, the,
eigineer, of the Metropolitan Company.
Mr. Nelson, City 'elicitor, appeared for the Caepq
tion.
A respectable jury was empanelled, and after the heir
had been viewed, the following evidence was gives :
Mr. John Guest, of 31, Crowudale-road, Oakley
Camdez-town, a clerk is the Alliance Insurance AN.
deposed that he had known the deceased Charles bey
Thomas Princes, Wheal body he indentified. Re weal
have been 18 years old in February. He had bees ea ia,
snrance clerk.
John Luke', wine me chant, identified the body of L
deceased brother.
Charles Treleran. a clerk in her MniewWY's cantons, reel
ding at 40, Pembroke-reed,Sensington, Identified del*
of Sarah Johnson. He mid the deceased, who was "else
was 68 yearsof age at the time of her death. Her he.
band had been an independent gentleman and had Muds
Weymouth.
Mr. Thomas Cuddiford, house-surgeon at St. Brier
mews hospital, said the deemeed persons were kis*
topwamerethigth:
disheaftsiuittailftztlo: ythootelhisterth:au
limit 72bruimsonwaiWinekseestabodi
oat:
I dfacer:tremelle lived four thehouraobvigtistneseinjuryattribetbeinge: hulialeir sigh
of the deoessed to internal injuries. Luke, was bpi
in a dying state. The bones of both thighs and *am
completely smashed. He rely lived about to mines, lie
death being caused byshock frosothe injuries received. In.
Johnson was brought in dead. She had a compsead tae
titre of the skull on the left ride, a broken neck, see s
large scalp wound on the right side of the bead. She hi
also a broken jaw, and one of the bones of the arse as
broken. Death must have been iarentanecrea
Wm. Lnegfield, residing at Eltham -rued, Peet, was and
examined. He said he was in the train at the fine if thi
accident, and in the sexed compartment of the weeds
class. The carnage :m which he not wia the lid MS i
the train. The first clam carriages were in the nil*
and the mend class behind., the third elms being le bee
and next the engine. Re believed there wee seat*
snewartments in his carriage. The first islands he
received of the *cadent was a tresaendoee ark ei the
top of the carriage. The top sad sides of the .am
were smashed in. When be rose from his Ms he se
Mrs. Johnson lying dead upon the floor of the mires
lie saw Mr. Lukely and Mr. Fenimore taken oat boa vs
der the girder. lie knew nothing of the fell* sf the
girder, end be believed the other wieners were wink
ignorant urn that point..
In replying to Mr. Leans he said that elm he pt eat
of the train he did not notice the tackle of the pie.
lie was surprised at the rapidity with which the true via
stopped.
Joseph Daniels. inspector of the Heminerinith lei
City line, 'Wed that the train to which the rade
occurred left Moorgateetreet at 12.40. The ask' N.
Mated of one carriage of each class, and the mgr.
He knew nothing whatever of the meaner it glad
the accident occurred, nor of the pleon empire il
the passengers.
Robert Pinter, under-guard of the train, vie ant er,
amined. lie maid the box which he uccupied was 4 tan
front of the third.class carriage. The train stepped Jae
it had gone about a doyen yards from where the Om
fell. He knew nothing of the scant led
the stoppage of the train. lie watt to tie
broken and raw the deceased Mrs. Jams
lying dead. he airriap was divided
them
break
ht one
ments, the last on* bong used as b
Treat
van. The only °reprimand that was left antesehed
was the first. lie noticed the girder Vag wee
tr de
line, the longer portion of it being off the rails. The ek
was going at the rate of six miles ea hoer at the tine
of the accident, and WSJ not 150 yards horn Aldengare
street statioa.
John Simpkins, the driver of the trail, raid the mom
and tender were in one, the chimer,' being is free
At C box which was near Alderagete retie. they el
to psis soa'ne girders, the positions of which he cot& set
describe. The first thing that attracted t his strata se
the sudden jerk of the train, %beetle imarediaaely
bt:iisk steameaparti:otfLthei=trainaTahne to n.
tor :li"strs..o;iss:
not touch any of the girders while the Wee
as we
under them
In reply to Mr. Lewis, he said he lisid set NM dB
;inlets up at say time while the tree ea pre
tag, sea he understood it waste he practice ea pat the a
positive between the running the trams.
The Coroner said he now wished to get state vibe
iespectieg the girders from a competes% 'Rasa . .
A. seer suggested the advisability of an mae*os. c
the seem of the acadest. He said be sad le Moe
jurors would better understand the evidence altar Isoll
seen the girders and the place armed them.
The Cornier said the desired opeurtunity yea I
afforded the jury.
John Malden, ferenan to the Thames hawse Cue
pray, deposed that the spot where tie modest bgdrl_
was just at the commencement ,‘f thr new wakes elits
is being built over the railway. The Sorg
of the markee was to be upon girders tang
upon whines. A main girder of non ran fres let
lane, extending across the railway. Tare was a tor!
girder running parallel to the tiro. ,tel Sect _ lel
apart from it. The first cruse-cirder irom
and the 144„
about 40 feet long, OD! foot wile,
about three and a quarter tons. The rosin&
_„
caused the accident was to have been side I'M M4l I°
.
the other, and would hare been 7 feet tree it.sed 314
from the ground. There was a rope at the top of It vita
was Inaba by a`' crab" connected with re
The rope when worked by the steam
drew. ae.
When to
*CMOS the other girders. IP;
wen being drawn there was makes to regulate tern!
it, The look from the tackle of the " ilww, lel° ".
it round to its place. A man named Char, dal
" ganger over the noon. hod cbtart.e sf .!
rope and tackle at the time of lit WTit
The girder should have been lifted and jot 11.7
place between the time' of the rennin; of. the tan. ~.
There was a man employed ta show , lag
.rnhe l_ii"
approached, his position toeing near FArrinpliicer",_
In reply to Mr. Nelson, he toad the rope or b fle7;
girder passed through a block over the guise, Iwo
noltnenredernlycytoto draw it Zia, .be
sail
if
them rib::
than ordinary steam up the rope would pess thr
lug point, and let the gaoler fel:.
Serrant Ballantine—That 4 what it &I de. ___
Mr. Lewis—Did you see the state of the rope onw
accident!
Witness—l did not. der
Mr. Lewis—You don't know bow the rope PI
gaged from the girder! i;
- 'Witness—No. _l.,,Mr
weLerewi.n—otN‘r-ue
re
uite other gds
Witness—Thee were. nd who la '
Mr. Besley—Where did the non stand
flag! nngh?
trains rders put of
The inquiry was then aajournad fora week.
gi,Nl3.‘vinriiittnnytesiesslfo—i—ery;_ll.l.eiNei‘orwier:befenytcoye. lh.fl,ouisreienii.tha,ht,,ewirniii.e.icnthhaniell,:ilre#lo:„,