The Express.
London, England, 1857-11-13 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 13, 1857.

Masa( pareheeed lay shear, sad was nude • director, bat
soon found that the irompanx yes insolvent.
Mr. John Tyree", the plaintiff, sad —ln )Inch, 1856, I
Ires gayteg at the Wrdwir.k Aron. I met the defendant
there. He spoke to me about the Eclipse Fire and Life
'sentence Company. He told me it wee aouriebing, end
would become a good thing; and If I became a director I
should have a sovereign every time I attended. He pro-
posed I should take My shares at M. I gave him a bill,
It. promised to renew it so often air I liked. It was reamed
two eat three times, and I ultimately paid the amount with
interest. I attended at the °Woe, and was made a director,
but never got anything fur my attendenos. As soon as 1
aeairtaiwd what was the state of the company I withdrew.
In June, 1856, the defendant produced an occonnt, showing
a Waste in the hands of the company of 77f. 12s. I led. De-
fendant was everything in the company—direetur and
manager. The under-secretary has absconded.

-examined—l attended'over 20 timee a; a director. I
did net look into the &friars, as I had implicit confidence in
Mr. Taplin. I acted as chairman, at his request, four or five
times. I aro sometimes stied Tyrrol. I wee formerly
in the army. I war lieut -coloonel in a regiment raised in
Beath America. I have called et defendent's mike, but not
for the purpose of asking him to let me jom this con-
cern. I hove a son in the eervioe of the Greet Wea-
✓'
Railway. I did not tell Mr. Tapia' I could got
huralame through him. I did not my I expected money
from the ask of owe property. 1 did nut tell Mr. Taplin
I bed • very good opinion of the company and thought it
would answer. Mr. Taplin did not show ma the deed bdore
I took theories. I took my met at the board on the 21st
of Jose. In Avast Ijobsed the other directors in • pro-
b note to Tapir. In Jemmy, 1856, it was proposed
to the business to ohs Besets Company. I knew Mr.
Bush, who was a shareholder. I never told him I raided
to propose that Mr. Taplin should get a piece of plate for hie
service. I did net op pir the transfer to the Beacon. I
may not have approved of it; but if I did, it was roars I
thought th. company was in • better position then it was. I
never asked an one to take them.
—Th. Beacon has since wound up. Mr.
Beek, or of the director. of the Eclipse, le abroad. He was
• Merl of Taplin. He was the man who used to go into
pairesion for him. I have never paid anything on amount
of the mete for 1561. Mr. Taplin manned no to put our
sense to it, saying we would not be celled on fur it, as he
meddle; himself or of the premiums coming in.
Hy Mr. Justice Erle—He said he had advanced money to
thet amount.__

listeryFr;dley, surveyor, 61MetedMeted, Greet Portland-street, &
he became sehenholder in the Eclipse towards the esti of the
year 1864. Mr. Teptin tepresented Mot the moven, wee
whoa ;he was the promoter. About the 14th June, 1866,
he applied to the meretery end demands/ le see the Wanes-
dimakbut wee told it vie sot prepanolow the books mold
of
afford sufkient Imlessilan. Nos We/ warp day after
Het, bet did not see ass aeeweweosMYtheseaatigethe2lM.
Be wee lookieg over lie bohnowelwat whoa he ens called
Woe priests rem whin wan die iheekae were. They
mild him Artowled le robe my appeoltka ; he mid
irk Übe everything aeonet, be would sot weeo,
wilwrorhe be ITO: The .milk eree thew bold oid the

leTa;s7ebsTlatd.--Mr:fsplisies Iniss,tesTr, rd
dindier. sia acme et Ms was rad, l which
be breaght the la lis deth Nth Mew that the
secretary red mar a alma I.
favour of the wow of 771. He sa
Lion, but email get awe Be than mat red got th=
and found they Adorn at all arra with the swat pre-
dated. He ad mar gentleman were appointed a com-
mittee to Weediest* the boas, sad the meetli we.
ajostrael the thine whs. They retorted that the boas did
not wee with the eareata produced, but the caw de-
ahead a give say angthastica ; iu over two yeas the com-
seig ressistel4 while the 'wane were reveal
asi thee lie imam bad widy leas ap the
thaw* cable the swam he be sigiewei. It as re-
printed that 2,800 bed- Irseasit ep. and the &rectors
area the deed tor 2118 AMU theardsthook showed
they lel paid on Gay N ads. be esenelaed the books
the twiny was tot* thestheat, and the reaseentetion
that the directors was man elf warty and mature was
rads* Ma Mr. Tapia menetalei to him that It wee
a lestsitha company, sad doles we business in proportion
le dr dos it we. satablithed this aq compsay in Loudon.
Crersolabred—He bad bow Mr. Teplin for four
i= Ka bed Wed him le beam director, bat he re-
Be we. made any applientien to Mr. Taplie for
lona.

• he. Rochenehaw, the serzetery, from April to Joly, 1866,
elated he had repeatedly told the directors the company w
insolvent.

Crosersarnined—He proposed to travel for the company,
but when be asked for his exposer in advance, he was told
that there were no funds.

Mr. Skinner, for the defence, said this was an attempt to
mote the defendant liable, as the only solvent man in the
company, and ha would show that when he made the nip
prassitations to the plaintiff be firmly hollered them to be
Vas.

Mr. Taplin, the defendant, was then called—l am ea
-nctionser in Stanley-place, end wan • &reties' in the Eclipse Company up to its dissolution. The coroFany wee
reifietered in Marsh, 1863. I originally held 230 awes, end
paid 10a. per awe. I took 250 more previous to complete
regietration. I paid in the 5001. et the time I executed the
deed. The deposit of Is. wee paid on all the shares regis-
tered In the names of the directors.

Mr. 'nein Bile (on referriag to the boelud—l find they
have only paid on 601. inane each.
Witaan—lt must be the fault of the eemetery if it don no
=peer. I had nothing to do but .tyly money. The en-
tries ware in the handwriting of Mr. Mageth, the ern smel-
tery, who had • viry original way of keeping hie books.
The company at first wee very limited in e.pital, and wee
always in debt to me. I did not know haw badly the books
were kept until Kr. Hadley wa. appointed at my suggestion
to examine them. When the accounts were adds app
cotanny we. indebted to me 166 L, end the
tare proposed to give me a note. My clerk sad the then
eseretary, Mr. Beck, settled the amount. In comatose= of
Mr. Dreary*. investigation I felt great caution wee necessary
la dealing with the campus,. and I rebind to gin yip the
vouchers eatil I gets nod. Before that time I Maud JI
moneys that came through my hands. The expenses were
heavy, and the compaay wee never in a position to repay me.
I have reamed 100 i. on noon= of the note. I had met
Mr. Tyrrel some time before the 20th of June. He staid he
understood I was connected with a compeny which was
likely to Ls nyeoradul. Be celled on mu at my Ake, and
' asked about the company. Hs told ma that if he took any
shame he would take 60 with a new to qualify see director.
I told him he had only to epply to the secretary. He men-
timed his son's name. He told me it wee not otevenient to
him to pay 26/. down. I maid I held more than I had In-
tended, and I would let him 50 shares. I told him I
had the utmost confidence in the autopsy, and that it then
owed me over 2004. He told me that he wee interested to e
nit in Chancery, from which he expected a large sam. The
amount given by Mr. Tyrrell of our manned= is totally
iticorrect. I did not represent to biro that the company was
invent. end in a flourishing condition, in order to Induce him
to join it. I told him the directors would get nothing mail
talozrete allowed it, and I reed to him the chum in the
. In my opinion, the company would have sumesied if
the filmiere and the shareholder. had peld up, and if the
chairman (Major Ellis) had not fallen out with Mr. Bradley
et the meeting. At the time we were selling the business
the plaintiff said it might still be made a good thing. The
company owes me 1207. I was rued for the rent, a. I, in
=tinned= with Major Ellie end Mr. Beck, had made
myself personally liable. Major Ellie ha. paid me hie
proportion. I have still 377 charm In the company, on
which I have peld 10e. a share. From June, 1855, until
this action wea brought, Tyrrell never =cued me of having
deceived him.

nmvirco non.
Crow-examined—The last bill I got from the plaintiff was
paid to my solicitor, 1M r. Brahma. Mr. Beck is distantly
related to me by rainier, Hew • furniture dealer, at
Houton. I sold his up. He was subsequently asked to
act ss sweeter, to the Eclipme. He is now in Staffordshire.
Hs toot 250 shares. I knew he only paid Is. on each, but I
bilk,* he paid on the 250. The money peened through my
binds. Ido not recollect lending him the money to pay.
I wilt not answer whether I have been an insolvent.

ilie.1111:7-7ws7Fo;;;rir. shorty)..-1;Zi1;;;;Zi, in 1856.
I bad Bee shares in the Eclipse. I told Colonel Tyrrell I
could &ranee of them. He told ate I aught to increase them
and become a director, as it was ems ot the beet mums=
going, and he, as a director, led the means of knowing;
and be Intended to propose that a piece of plate should be
given to the defendant for his services. 1 sold my shares
to Mr. Beek.

Crcs-esahnned-1 did not threaten to expose them.
)(r. Skinner and Mr. Serjrant Thomas having addressed
the jury an behalf of their rimpective clients.
His Lordship maid the jury had to consider whether the
defendant kad weds the reprmentationa nileped by the
leintiff, end whether he knew them to be false when he
The Jury found a verdict for the phdlitiff—darrisows,
231. Oa. Pd.

COURT OF COMMON PLEAS.—Nov. 12.

(eitthigs 11611".7,!..346",,Chil Joule* Cockburn, and

Justices Wlllium, Crowder, andWiiles.)

The court was occupied timing the whole eating hearing
arguments in s case l the .pedal pepsg,,bra judgment au
Their lordships, at 2 cielora sdjourned to meet
=rid:judges is the Court of Exchequer.

GREENWICH COUNTY COURT.—Nov. 11
(Before J. PM T.y3or, Bp., Judge )

110T01 AND PARIAH OPPICADII OP IT. PAUL N. TAPP-
TODD 1. WALL.-1111PONTANT OV T7ON Al TO ReICIAL
PILL.

HY Hama wee engaged for nearly three hours in dis-
prolog of four sanuessee taken out by the pariah ofilecre
wed melee of Bg. Pelee, Deptford, against the defendant, en
modurteher et ths ewes plea, for the recovery of certain
burial taaas,aail widek the defendant disputed the legality of.
Mr. solkiler at Deptford, attended fur the plain.
tilllAethe dalloodwet awdncting his own Me.
fret 111100111111 was one wherein Mr. Madera, the
make, eldmed • he of Is. in each awe fur the tolling of the
boil *a two holances on one gay for the funerals of persona
at which Modest was employed in his busbies. capacity.
no slain wee to rated on the ground that the plaintiff had
snLisstedpistloreorm iris ditty.
that on the day the Pinwale took
Methe 9thalrdy loot, he wee Mood in tolling the
: bat in arois•esareination he would not undertake to
mew that the bell was to/led for the perticuler persons
dined tar, eddlog ILO ha was did away to perform
esetleer duty, sad left the tolling of the bell either to his
ainglitar or a lad, who was now in

The plaintiff's daughter emtarmsel his evidence, bat she
could not prove tolling the bell on the occasion referred to.
The defendant raid that neither was tho bell tolled nor
was any service performed over the bodies, end called as s
witness

John Henley, a man in his employ, who deposed that, to
the best of his recollection, no bell wee tolled. He was con-
!ldiot that no service wail performed, but the bodies wore
burled, the gram being filled in by the men who carried the

Cl.nlionoor expressed ►stonishment ►t this mode of pro-
ceeding, and otictoisi the {Manta (Mimed his fees for services
which ho hod not proved to have been performed, he could
not allow than. _ - _

The next claim was for feKby the dark in the same mess,
which the defendant also contended ought not to to paid, on
the ground that that functionary had not performed any
duties.

--If; Honour, having looked at the act of parliament regu-
lating the fees, observed that it was preposterously and ab-
surdly worded; but, inasmuch as it did not strictly require
the duties to be performed in the burial•ground, but entitled
him to receive certain fees for each interment that took place,
be was bound to make the order for payment.
The third ease was a chum of for. on the part of the rector,
the Rev. B. B. Flinch for tho same interments, and which,
on the register book being handed up and examined, his
Hower said he must also Allow, observing that the plsialiff
bad node his entry therein for services performed, sad it this
woe lass the dot:Mani could take other proceeding's.
The driedant reiterated his assertion that no genial was
road over the bodied' on the occasion. . . . . .

• Tie Zara cilaoZs on the put of ths chozehwardsas for
&table ins payable for interments of persons not parishioners,
or cwt Sias parish, and for use of pall in a numbs, of
Whi

The dshadeat wee examined, and deposed that during •
=twenty years he bad never seen a pall provided at
by the ehurchwardena, and he declared that no such
snicks wen in the reunion of the churchwardens.
Kr. Maar" the suns, deposed that the churchwardens
welded pals, which were kept under lock and key by hire
be the vestry. One undertaker in the pariah had disputed
the I=t ot makbsg such • charge, upon which the pall
w oat and thrown over the coffin, and them the
nirdartaker told him to take it away, and he would consent
to ply the bee.
The delhadant rid that wee because it wee not fit (or nee.
The esitea, to or wee to the judge, admitted that the
white silk kende( the alp of the pall might have become
Undated.

tiu liOnour said, cm licking at the act of parliament, be
found it stated that double fees were to be paid for interments
of " persons dying in the parish wbo were not yarishiceers,"
and also doable few foe interments of "all parsons dying out
of the perish." It was an absurd wonting, because the cornet
roofing would at it to cherge • double fee even for
the interment ot • who might happen to die oat
of the parish. The rem claimed would therefore have to be
PM; bat with regard to the fees claimed for providing palls,
it bed not bent proved they had been furnished in the manner
Eby the act, and be should disallow them in each

Mr. Tyrwhits maid he mild assure bit that bar story &boat
bar husband :night be all very well, but 'night be very dif-
ficult to prove. He should roussad her until Wednesday
next.

MARLBORO I:OR-STREET.

Bevy Swale was °barrel with stealing a copper, vales
the propirty of Mr. W. H. Oremehkh, tailor, No. 40,
BerwickiStriet, Soho.
About rem o'clock yesterday morning the prosseutor hod
occasion to go into his hick kitchen, when he was s
to tied the prisoner mereted behind the dour; sod,
cgili=
questioned, he gave ouch evasive answers es to who he was,
and the came of his being there, that witness suspected his
intention wee to commit a robbery and told him so. The
prosecutor thmempon rushed upon boo and seised him by the
collar. A struggle maned, and during the muffle he dragged
the prisoner tato the yard, where he called for insistence.
A constable shortly sfterwards came in and took the prisoner
into custody. On subsequently going over the premises he
discovered that the copper produced wee found to have been
removed from the kitchen, and peeked up ready to be carried
off. Prosecutor said he did not wish to pram the came heavily
against the prisoner, and begged of his worship not to and
it to the FOlleiolll.

The prisoner who pleaded guilty to the charge, was com-
mitted to the Houae of Correction for three month., with
bard labour._ _ - .

kkas;s7llrnry Jackson and Edward O'Keefe were thud
10s. each for racing in Rotten-row.
Jewpit iSmitk was charged on suspicion of stealing upwards
of 1001. worth of silver plate from the house of a gentleman
named Refries, No. 5, Fitzroy-square.
The prisoner had been allowed by the footmen of Yr.
DeMo, to sleep in his master's house and this led to his being
etted and apprehended.
Remanded till Tuesday week.
William Burnett, Ellen Mil., and Nary English were
charged with being concerned with Sankey, the policeman
now under remand, in stealing property valued at upwards
of 1,000/., belonging to Hrs. Minna, and which had bean
left in Bankey's charge at 68, Great Portland-street.
Some of Mrs. itilize;n's property was found in the rooms
occupied by the primers at 7, Bart-sheet.
The prisoners were remanded till Thursday.
The new evidence .hret forward appears to corroborate,
to some extant, the Mena of Sankey that some persons
whom he invited Into the hones took advantage of his being
the worse for liquor and plundered it of the largest portion of
the stoka property.
MARYLEBONII.. .

Bergamo datomio, en organ -grinder, wee charged with
eins=al=l front of the house of Mr. Bab=ttle.
clan, No. 1, Dorset-stroet, DI
squarer and refuaing to go away when desired to do so.
Mr. Babbsge said that he was almost daily interrupted in
his studies by the playing of organs, u were his assistants.
Mr. Long said the nuisanos must be stopped, and sentenced
the primmer to pay a tine of Ws., or in default to be impri-
moped for 14 days.