The Express.
London, England, 1861-02-22 00:00:00

THE EXPRESS, FRIDAY EVENING, FEBRUARY 22, 1861.

EASTERN efIe'NTIES RAILWAY.

(coorlud,l from estorday's E.rprat.)
Atli r our rep"rt left yesterday, the uo.ti .11 for
the sdoptioo of the directors' report woe put, anti carried
with but a for dugentieuta.

The &rectors retiring by rotation and the retiriegauditor
having been re•eleete.l,
Mr. N0k)41.1, one of the re-elected directors, in returning
thud,. indignantly repudiated &statement made bye share-
holder that the report el the engineer was practically that
of the ..h.ornuin. lie mai:cited that if preprictors cmsultisl
their own utter...is tlwv would not come there to make
tudountlA accusatioes and to create dissensions. The mug•
seati.ie fur settling the &lemmas) with the Norfolk and
ether anialkanated companies by a guarantee, 1,1..1 upon
the share whidi they sow too& of the united revenue,
was hollow. They now took their share of the gross re-
ceipts, with mile a drawback of 44 per cent. for working
ex muss s ; but if they were charged their share of the meta
.4 glinting the inane they would have to pay N per cent.
u their proportion of the working expenses.
The as then brought a proposition before the
meeting for ti vole of *O. fur expenses incurred in toasting
the enipluy of the company at Stratford to form them•
selves into volunteer corps; (AO. had been expended for
thism pee, of which the dirsters had contributed 21111/.,
p and he thought it only fair that the. proprietors should con.
tribute the "titer 101)f. (" I Ili, oh,' and confusioe.)
Mr. Preceru thought such a vote could not be justified
in the present financial position of the company.
Another SHAREHOLDER contended that railway employits
were not the po rvinui to form themselves into volunteer
corps. Their whole time was the property .4 their em-
ployer., and the ...fey of the public required that that
time should lie alive)* available.
The CHAIRMAN, finding the opinion of the meeting
against him, was quite prepared to withdraw the motion—
which was accordingly dope.
Mr. Pelee submitted a resolution in accordance with his
sumpotion made at an earlier period of the meeting, de-
precating the sggreesive schemes in the eastern railway dis-
trict, recomosetoding an amalgamation on equitable ternis,
and urging an attempt on the part of the Eastern Counties
proprietors to unite with the proprietors of the othercom-
pa nie. to press on their directors to come to terms. He
proposed this in order to strengthen the hands of the
directors.

The I lIAIRMAN considered the resolution would he useful,
aid gladly put at. He added that the advantage of the ITllRi-
gainat iun to the Norfolk and k:astern Union companies
would be infinitely greater than any benefit they could de-
rive from what they were now contending for.
The motion was canned.
A vote of thanks to the chairman concluded the 'pro-
ceediega.

THE COMMERCIAL BANK FEACIDS

Yesterday afternoon, at the Bow-street Police
C.mrt, John Durden, of 9, Park.village Fast, Rearnt's-pork,
clurk ..t the late Commercial lank at Loodon,*and James
Ilokruft, of 109, Hatton-garden, agent and wholesale boot
and shoe dealer, were charged with having defrauded the
directors of the said hank of three stini% of money, viz..
VW. 1494. 6s. 4d., and 66f. 9s. 11d., together with
other sums, the said Holcroft being charged as an accom.
plies.
The prisoner burden was undefended; Mr. Wontner at.
tended for Folcroft. Both prisoners appeared about 43
years of
Mr. Humphreys, jun., stated that be was instructed to
prosecute the two prisoners, one of whom (burden) bud
admitted that, during his clerkship in the bank, he had
robbed the establishment of nearly 70,0011. Darden was a
ledger-clerk, sod it was his duty to enter in his ledger the
amount of deposits made by customers. The other prisoner
was a nomin.d customer of the hank, having a very paltry
account in reality, but which had been swelled to an enor-
mous amount by fictitious entries mode to his credit by
burden, who afterwards used Holcroft's cheques upon this
imaginary account to effect the embeulemests with which
the prisoners were now charged. This fraud was effected
by Durlen in the following manner :—He received the
amount of reit, for example, and entered it to the account
of Messrs. Hamilton sod Co. ; he at the same time entered
the same amount to Holcroft's account. This was done with
a large number of deposits from day to day, Holcroft's
figures being omitted in the casting up, so that there did not
appear any diacrepancy iu the sun, total. He would now
rail two or three witnesses, and then apply for a remand.
Checks Arthur William Chauucey—Tam manager of the
Henrietta-street branch of the Commercial Hank of London.
The prisoner, John burden, was a ledger-keeper in the
service of the bank, at a salary which was raised to 1501. at
Christmas, I think. He had been at Heariettriatreet since
1649, according to my IntallOrallda. I don't know how long
before. HO kept two ledgers, ranging from 1) to M. Front
information I had received, I went to the bank between 8
and 9 o'clock in the evening of Fridar last, the 15th lost.
The prisoner was there. The bank hail closed at 4 o'clock.
On firebug him there I had him assisted into my mons, and
then said to him, " I understand your books are not cor-
nea ; is that so ? " or, " I understand that the
L saes inaccuracy in your books ' • is that so ?"
I saw at once from his manner that it must be so, and after
sees Imitation he said he would rather speak in the ab-
eam. of Mr. John Sloan, one of the ledger-keepers, who was
then in the room. Mr. Mann withdrew, and I asked him
the amount of his defalcations. Ido not think I used that
word. I probably said, "How much is it r I was much
agitated. He wrote on a bit of paper, which I now pro-
duce, the figures 66,992-7-6. There is no £ a d, but
there are breaks between the pounds, shillings and pence.
I asked him how he had done it? He said he had operated
through two accounts, one in his own name, long since closed,
and the other that of Mr. Holcroft. I asked him how it was
carried on? He told me that be had credited sums of money
which had actually been paid in to other accounts, not
only to the account of the right owners of such
moneys, but to the account of Mr. Holcroft also. He also
said he held Mr. Holcroft's promissory notes for about
6,0001., which he considered would be ultimately good, and
which lie was willing to make over to the bank. He also
said that he possessed property of considerable value, and
upon my making him about the probable amount, I under-
stood hum to say that it might be of the value of about
20,0001. lan hardly recollect what occurred after that ex•
oept that be asked me what I was going to do, and I said I
must consult the director+. I know the prisoner Holcroft.
He has an account at the Commercial Bank.

Crossexammed by Mr. Wonteer —I first discovered this
on my return home on Friday night last, about eight
o'cloek. That was the first time I knew anything
about it. I saw Holeroft • day or two after. I
think the nest day. I cannot may w often I have seen
him since, I have been so harassed, and have seen so
many people. I did not send for him to-day, or for his
pass-book. I do not know how long he has had an account.
To Mr. Henn—l did not make the discovery myself. I
was informed of it by Mr. Steno.
To Mr. Humphreys—ln consequence of what Mr. Shinn
said to me I went with him to the bank, where I found the
prisoner Durden.
To Mr. Henry—l have been acting as manager since
1849, but was appointed manager more recently. I was
aware that he bad had an account. I think it was closed
about nine or twelve months before I entered the beak.
Holcroft's account was opened before I west to the bank,
that is to say, an account in the name of Holcroft
and Company.
To Mr. Humphreys—l sew Holcroft at the station•honee
to-day. He said something. I wish to say that I only give
the substance of what was said, not the exact words, as I
do not nicolleet them precisely.
Robert Stacey Price—l have offices at No. 5, Gresham-
street, and am one of the directors of the Commercial Bank
of London. It is a joint-stock bank under a deed of settle-
ment. Mark Hunter and others are trustees. We are go-
verned under the General Bankers Act, and have no private
sot of our own. On Saturday, 16th instant, I went to Due-
den's house, 9, Park-village &14., Regent's-park, in company
with Mr. Winkworth. I saw the prisoner. I was shown
up to his bedroom, where he was sitting in a chair
by the fire. He appeared very much affected at
first seeing us. Mr. Winkworth told the prisoner
be presumed that he (the prisoner) knew what we came
about. The prisoner assented by • nod of the
head. I said, "We have come to inquire what you have
done with the property of the bank, and whether von have
any securities' He said he had been speculating in build-
illy, and had a considerable amount of house property about
Westbourne-square end the streets adjoining, of which
he could not then give us the particulars. I asked if he bad
the deeds of the property in his possession He mid,
No • as they were mortgaged to various persons whose
solicitors had the deeds ; but he would send the particu-
lars to the bank—they were mortgaged for • sum which
he mentioned, between 32,0001. and 33,0001. We then in-
quired relative to any other property, and be gave us the
particulars of some houses at Northampton. He gave me
pi: promissory notes, which I now produce, signed James
Holauft, which he (burden) endorsed
in my pre.
seen. The amount of these promissory note* is
8 8901. 18s. ld. Three are dated Dec. 14, 1860, and are
for 1,490/. 18s. Id., 1,150 f., and 1,1441. respectively. The
three others are dated 31st January, and are for 1,021/.
7s. 7,1, 1,035/. 13s. 4d., and 1,000/. 19a. respectively. He
also gave up to me 14 cheque*, 12 of which were filled
up with sums of money and signed " James Holcroft," the
other two signed but out otherwise filled up. None of them
were dated.

ifr.Hurnphreys—l presume they were to be used as
occasion required What is the total amount of those that
are filled up!
Witiasse—sB6l. 18e. 4d. He stated nothing else, except
as to other property th►t he had. The cheques are all
signed " James Holcroft," twelve filled up with various
amounts, two in blank, none dated.
Thomas Dyson—l am one of the cashiers in the Comma..
del Bank of London. I know both prisoners. Holcroft
bad sa account at the hank. I have seen him write, draw
cheque, and attach his ►ignature to draw mousy on that
account. The signature to the six promissory notes and
fourteen cheques produced I think are all written by Mr.
Nolcreft

Mr. Humphreys—That is as far as I propose to go
to-day.
Mr. Henry—The prisoner Darden has no solicitor. Do
youtted(tao Darden) wish to ask any of the witnesses any
Darden shook his head.
Mr. Wontner submitted that there wee no evi-
dence to show that Hokroft was in collusion with
the other prisoner to rob the bank. The whole com-
mercial world had been startled by the discovery that it was
possible for one of the clerks of a 'bank where accounts were
supposed to be kept with ordinary care, to extract from
their coffers upwards of 66,000 f., notwithstanding the
periodical checks by which it is supposed that the directors
ascertain that them is really in the bank the sum which the
books would appear to demonstrate. Surely, then, if the
whole commercial world and the directors of the bank
themselves were so grievously startled, bow was it possible
that the defendant could have divined that the party with
whom he was dealing could have drawn out the enormous
rum of money, and that the proprietor. could have known
nothing about it ! To slow that Holcroft had bean dealing
Isgitimately, and not et all collusively with the other
prisoner it any argument were wanting, it would be found
in the fact of his having given burden the promissory
notes, fur which there could have been no mat-
mos if they were colluding to defraud the bank.
Mr. Holcroft, who was a moat respectable MILD, had (w-
-ieldy been accommodated from time to time by the priso-
ner with loam of money, which he had from time to Mine
repaid, and, believing the other prisoner to be a person of
the highest integrity, be bad allowed him, to use his own
word, to operate" on his account, never imagining that
be would do so dishonestly. Darden asked his permision
to slay certain sumo to his account, and then re
that he had done so, got him to sign cheques fos.smtlitote
aaseusta to withdraw those sums. The primmer Darden
W described to one of the witnesses imps weestitios of
y of which he was possessed, sad it was sot sot-
thaosqesiiet;e sums a man
e: piingy rabl into a bank and withdraw from it,
It all events his conduct admitted of two sole ices, sad he
(Mr. Walther) trusted that the magistrate would take the
non charitable view of it.

Mr. Henry—They. hare not shown the amount of his
real se:count ; but it is opined that it was very small.
Mr. Wontner —No doubt. He allowed the other to
operate with it.
Mr. Henry— I think that shows collusion.
Yr. Wootaer—lt does not show a fraudulent collusion.
Mr. Henry— I shall submit that question to spiry.
Mr. Wontner—Will you admit him to bail, sir!
Mr. Henry—Certainly not. I have well considered the
matter. The prisoners must be remanded.
The prisoner Durdsm—Can I have a cab!
Mr. Henry—l make no distinctions.
The
is
burden—But I cannot get into the VIM
Mr. —is that really so ?
Dri,"lt dross, who had burden in said—lt is
71 has lost the use of one side from paralysis.
Yr. lbaty—Ob well, if he is incapable of bang removed
In the van, he cos 'have a cab.
The prisoners were then removed, Darden king assisted
out of court by the oaken.

CImAL PALACT. --Ow" Sarum D.S.T..—THVILS-
DAT, Ina 111.—Admiarioes on payment, 649 ; ditto by
mesas Usti*, JO6 i tow 1,016.

EMI) Iknttlllgence.
HOUSE OF LORDS.—Fes. 21.
APPEALS.

--- - --
(Before the Lord Chiuseallar, Lord Cranworth, Lord Wens-
leydale, and Lord Chelmsford.)

REAMIsti r. BEAMIAL—MARRIAGE OF A CLERGYMAN BY

HINAELI.

This was a writ of error from the Court of Exchequer
Chamber iu Ireland affirming a judgment of the Court of
Queen's Bench. The question arose out of en action of
ejectment brought by Henry Albert Beamish to recover
certain lands in the county of Cork. The late Dr. John
Samuel Beamish, of the county of Cork, had two sons,—the
Rev. Samuel Swayne Beamish, the elder, who died in
his father's lifetime, and Benjamin Swayne Beamish,
who survived his father. Henry Albert Beamish, a minor,
is the son of the Rev. Samuel Swayue Beamish, and he
claimed the estates in question as heir-at-law to his grand-
father. His title was contested by his uncle, Benjamin
Swayne Beamisb, on the ground that he was illegitimate ;
his father, a clergyman of the United Church of England
lied Deland, having, when he married one Isabella Fraser in
Is3l, performed the ceremony himself, in a private house in
the city of Cork, and without witnesses, and therefore such
marriage was void and invalid. A suit was brought on
behalf of Henry Albert Beemiah in the Court of Chancery
in Ireland, and an action of ejectment was
ordered to be tried. At the trial a special
verdict was returned, and the matter was
argued before the Court of Queen's Bench, where it was
decided that the marriage was valid, which decision was
affirmed by the Court of Exchequer Chamber. The present
writ of error was then brought, and was argued some time
since in the presence of sever of the common law judges,
to whom a question was submitted to the effect, whether
on the facts stated by the special verdict, Henry Albert
Beamish was hTitimate.
Mr. Justice Willes now, on the part of the learned judges,
delivered an elaborate judgment, the result of which was,
that the question put to them was answered in the nega-
tive, the marriage in their opinion declared invalid, and
Henry Albeit Beamish declared to be illegitimate. The
further consideration of the case was then adjourned sine
die.

MEETING OF MIDDLESEX" MAGISTRATES.

Yesterday the ordinary meeting of the magistracy
of Middlesex fur the considcr.itiou of the business relating to
the county was held at the Sessiousbouse, on Clerkenwell-
green • Mr. Pows.at in the chair. The attendance of
magistrates was numerous, there being about sixty magis-
trates present. The usual reports of the committees were
brought up. Upon that of the committee to whom are
referred parliamentary papers likely to affect county in-
terestea discussion took place, with Werencetothe Parochial
Assessments Bill, in which Mr. Turner. Mr. Bodkio, Mr.
Serjeant Payne, Mr. Laurie, and Mr. Kemahead took part.
Ultimately it was resolved that the committee be instructed
to seek an interview with the Hume Secretary on the sub-
ject, with a view to the introduction therein of clauses to
remedy the defects pointed out in the report, and any others
which it might be necessary to correct in relation to assess-
ment and rating.
Mr. TURNER called attention to the proposed county ex-
penditure measure, and moved that the parliamentary com-
mittee be authorised to take such measures as to them
might seem necessary to prevent the passing of the bill
without incurring any expense. and to confer with other
counties in respect thereto. Agreed to.
The prison reports were brought up. It appeared that
there were in Coldbath-fields House of Correction 1,339
prisoners, and there had been 3 cases of assaults upon
officers, and one upon the governor. In one case
the prisoner, a most desperate character, hail 36 dozen
lashes, one was under consideration, and one bad been put
into the hands of Mr. Allen, the county solicitor for prose-
cution. In the House of Correction at Westminster
there were 539 prisoners, all females. and in
the House of Detention 211. In the latter, there
was a special report upon an investigation that
bad taken place with respect to the governor, Mr. Hill,
who had been suspended from his office by the committee
pending the decision of the full court. He bad been absent
from the prison without leave, having been involved in pe-
cuniary difficulties, for three dart, and it was set forth
that though a good, kind-hearted, easy-minded man, he was
not fit for his situation in respect of discipline and the re-
gulations of the prison. His dismissal was moved by the
chairman of the committee, Mr. W. P. Bodkin. Mr.
Serjeant Payne said, the governor had been in their ser-
vice fifteen years, and he thought it would be
a very harsh proceeding to dismiss him in the
summary way proposed. It was moved, seconded, and
carried that the order of suspension should continue in
force until the next county day, the prison to be under
the charge of Mr. Sims. chief warder, as deputy governor.
Mr. Serjeant Payne urged that, unless substantial mis.
conduct was established against the governor, in his office
as governor, it would indeed be hard, in a matter, perhaps,
of life and death to him and his family, to deprive him of
his office on account merely of being unfortunate in his
private affairs. Were such to be always the case, many a
public servant, in whom confidence was placed, and who
filled offices of great responsibility, would have to quit
situations in which they had efficiently performed their
duties. The report WAR ordered to be printed.
The CHAIRMAN informed the court that the general
county rate was now under 2d. in the pound, a lower rate
than it bad been for 30 years.
The salary of the matron-keeper of the Holum of Correc-
tion, at Westminster, was raised from 1601. to 2501. a-year.
Mr. LAURIE, on the report of the Committee for the
Industriel School at Feltham, asked the chairman whether
they were satisfied with the conduct of the superintendent
of that establishment.

Yr. ANTROBOB mid be was not then prepared to 'tumor
the question, one way or the other.
The other business having been disposed of, the wart
adjourned.

THE HOP GROWERS AND THE CHANCELLOR
OF THE EXCHEQUER.

Yesterday afternoon a numerously attended
public meeting of the hop planters of Kent was held, at the
assembly room of the Star Hotel, Maidstone, to consider
what steps should be adopted in consequence of the refusal
of the Chancellor of the Exchequer to grant a further post-
ponement of the duty payable in respect to the crop of 1859,
or to receive a deputation on that subject. The chair was
occupied by Mr. rAIRHLTT, of Chart ; and smoogst the most
extensive planters present were Messrs. J. Whatman (for-
merly ILI'. for West Kent), Elvy, Hartridge, Collier,
Mercer, Buckland, Simmonds, Park, Clifford, Hatch, Stuart,
and Hayes. Letters were received from Lord Holmesdale
I and Sir E. Filmer, members for West Kent, expressive of
regret for their unavoidable absence.
The CHAHIMAN observed that the meeting had been ori-
ginally for the purpose of appointing members
of 'deputation to wait upon Mr. Gladstone, but it had since
transpired that no such deputation would be received by
the Chancellor of the Exchequer, and therefore they knew
what to expect. The chairman then read a letter from Mr.
Gladstone, to the effect that be went to the extreme verge of
his authority on a former occasion by granting • postpone-
ment of the duty, and he could not now secede to a postpone-
ment of that postponement. They had now met to consider
the present state of the question, and to say whether they
would remain content with the treatment they had received
at the hands of the Chancellor of the Exchequer. (No, no.)
The Sussex planters had already decided to adopt active
measures to obtain a reversal of Mr. Gladstone's refusal.
Several influential members of parliament bad promised
their co-operation, and it would be well for that meeting to
consider what course should be taken by the Kentish
planters.
Mr. SINT (of Yeldieg) moved a resolution requesting the
county members to continue their exertions for • postpone-
ment of the duty.
Mr. HARTRIDGE seconded the motion, which was unani-
mously adopted.
Mr. HATCH, Mr. HATEA, and other gentlemen, addressed
the meeting, and it was resolved to co-operate with the
Sussex planters to obtaiu a further postponement of the
duty by every legal means.
A vote of thanks to the chairman terminated the pro-
ceedings.