The Express.
London, England, 1868-09-15 00:00:00

188.

224 s mass JoAnter

At the Jai:tete-roe= et tbe Miseries- C rye=
oil day. Pthelarisk Nome% eistklirther
to his reeognamose to safeerga.a froth; examination
before the toed Idaliter=les althrfo ettegaiZeaby &Ise
Creels 8.11".4.4are1e-shnet, athein theitgarNifis Ai lissiagege for
20114, and dill.' rhe. 414.. Peag, • Mie wee
further flamed WWI having thalami beak Mr. leery, by
Übe pretenses, two thetimes fro /d Odd 111. ita EM.
Mr. Oearge Lean, solmitai, agars appeared for
the prestesi, sad far. S. simmer Q.C.. for the althea
It will le ramesmbreed trees the mistimes at
the former atamisation, that the eteremisest soNI as the
oils &Mier ia when: xpseslahm temessatiens
the thattiefalleasetelieguesis mention
were thatheed Mr. Perry in t of alleged
loam. It appearatthall Mr. Pimp bed bras action
against the amiamidesd far bond, and obtained an
tie of lie hake ander a judges osier, and it then turned
out that many at the trhormaithe. its wash he woe eon-
cerned sea pthnsipal wile eeirred is a " T. D." assexat,
ths initials representing of the cams et Thanris
Da Bees—and as the iefiadast lielagammieed at tho
trial be sith be had •savarpaid "T. D." see money on
than soments, mil had saver ant him anyeentrartaotes.
The allegation es the part of the minipisumat wee that
this was an lailirely 3rtitian eneasist, that the alegal
hilailiCtiONS had SOW talumploss, add that he had there-
fore bean defrauded. In the mons at the equity it tran-
spired that he had set met the bias at minority lent bat
paid a oompeeitiaa on two of them whith were sot in the
defendant's hands, and that shoot fire years ago he
tinsmith an waimemit deed of his whole astata, oa
which wok& there we. three m fool brakes on the
Stock Exchange among his creditor., their slat= amount.
my to &boat 1,4001.
Yesterday ariditimal ',ideate was 'ailed en behalf of
the complainant.
Mr. Arthur Lovelme, mastery to the managers of the
Stock Exchange, stated that the &remedial was a inanitier
of the boure—a 'Maker. He observed at the bottoms of
the contract* thews him, marked B 2to B 9, the printed
statement, "In 'wartime°e with the rides and ragulatio.is
of the Stack Itiehaage." The roman* of theme word.
was that the bargain bad been ermoluded with a jobber in
the house, or another that. The rule we. that dock
was purchased in the bears.
The Lord Mayor—Would it be contrary to the ride+ of
the home if Mr. Everett eantrairted with a person outside
the house to 'apply his sliest?
Witoese—lt would be against the rules.
The Lord Mayor—That is to nay, so long se he does
purehure he is free to deal where be likes 4
Witmer Yea

The Lord Mayor—l sepwoae ?oar rides require that any
1.11•47413 broker issuing a document of that nowt moat brave
made a hum fide transsebon with mme one, whetbse
inside or outride the house?
W itners—Yea.
'noires John De Boos, 23, Hanley-reed, Romney, said
he was clerk to a firm of attorney% and had known the
di-fendiu,t for $ or 10 yearn. ior to entering the service
where he now woe, be was in the employment of a firm
tolisitani who wiled tnr the drdehdant, and he then
attended to many matter. profeationally in Mr. ilverett'a
tehalf knee the beginning of June, 1867. He had not
received from the defendant any contract for the sale or
pt.:chive of atoek, neither had he paid him any oomniA-
ii4 a for parebseing 'took on his soeount. Defendant Mat
not fume' eel him wit h any anrount in referme to Lb :!pur.
(bare ie rale of dock. He had not revived fr im the
defendant any ir.oury an profit, nor had he piid to tho
d±lr&dant any money a. loee'e, upon the Nie or purbat
oi atock.

In core-examination the witness; mid he gave the de-
fendant authority to we his name. Thera was then a sum
if money owing by him to the defendant. He hal no:
the lon,t doubt if ho had asked for the emitracts
he would have bad them. He understood that
Mr. Everett on opening the account wan dealing in his
name in different steam. The object, .) Mr. Everett
dated, was that witness might wear off his debt to hon.
Ile had not examized the amount. Mr. Evei ett hail since.
told him his debt had been worked down from 70/. to
about 54. He was decidedly not to have been put in a
worm position than he was in before. Although acting
as clerk to a firm of solicitors, be was himself a solicitor,
bat he had not taken out a certificate. He was duly qua.
lifted if Le chose to take oat a oertificate. It was not the
fact that he LW kept out of the way since these proeeel.
imp; rommeneed. He had been at his business at ten
o'clock every morning, and again in the everting. In the
middle of the day hie bulimia required him to be oat of
the oflee. He might say that Mr. Lewis's clerk called.
but was told it was useless for him to come in the middle
of the day. and that he (witness) would be found in the
afternoon.

Re-examined by Mr. Lewis—The. account wag opened
at Mr. Everette own risk, as witness told him he would not
he responsible for any loos, not being in a position to bear
it. Witness did not lmow to what arm-mt. nor to how
many clients his name had been used by Mr. Everett.
Aisuming that •00/. in midi had been paid to Mr. Everdt,
witness had not received any portion of it.
Mr. Lewin—Bo far as you were concerned, of your own
knowledge, were any contracts entered into ?
Witness—l have stated the fact that I knew of no con-
tract ; I have had uo contract of any kind.
Mr. Lewis -You were not to be liable toy any loss.
If there wan any profit beyond 70:., were you to receive
it 1.

Witnewn— That wy a matter that was never di*etviael.
Mr. Lene.--1)0 you mean to litky you allowed him to u•e
your name as a chent
Mr. Giffard objected to the witness being treat.. I as at
adverse one. lte had answered all the quevtions put to
him with fairness and candour.

Mr. Lewis- ask him if be mean+ to my Le give hi.
own( to Mr. Everett.

Mr. Oiffard--I object to that as a bM!ng pc••tion.
Ike Lord Mayor—He gaki m before-- I allowe.l Mr.
Fyn ctt to we my name:" and avian, "Mr. Everett
lu-
told me my debt has been worked down by thoe
from 7W. to 20/."

Mr. L•wis (to the wittier.; —llas he .urpliv.l you with
any account of that
The Loid Mayor— IL? my. not. Ile never had a line
from him on the subject.
Witness—lt was a statement made to me.

Abothol, residing in Kennington-!ane, depo•sed
that in May, 1667, he had a conversation with the derv's.
dent with reference to undertaking an account with Mr.
Perry. He received from Mr. Perry and banded to the
defendant the two cheques produced for lOW. each. They
were paid ay deposits. Subsequently he banded to the
defendant the cheque produced for Mit, and the two
chequer for 7/. and 6/. 14e. id. After the action had been
brought against the defendant, he (defendant) wanted
witness to make an aflidasit that he accepted hint as prin-
cipal in his (witneee's) capacity as an agent for Mr. Perry
but defendant had been acting as the broker only, and re-
cce • commissions.
Mr. —Repeat what he wanted you to make the
afildavit for !.

Witness—To accept Mr. Everett rs principal in all the
transactions.

yMr. Lewis—When he made that proposal. what did you
sa
Witness—l scouted the idea of it.
By Mr. Giffard—This conversation tool place in June
or Tidy, 18(17. He was examined as a witness at the trial.
and he told the judge that Mr. Everett wanted him to
make a false statement, but he was not more particularly
examined on the point. Ile believed Mr. Perry carried on
a most respectable business. lie did not think Mr. Everett
bad any idea that he had failed. Re wrote to Mr.
Everett what he believed to be true, that Mr. Perry car-
ried on business in a large way. He bad known Mr.
Polly for eight years. Ho did not know that he had been
sequestrated as a bankrupt in Bootland. The arrangement
with witness in the transactions was that he ROY to rv-
eeive a fifth part of the profits in return for the benefit of
his advice and experience, but he was not to be respou-
&tile for any loss.
The bill of exchange for 2301., drawn by Mr. Evervit,
end accepted by Mr. Perry, was then p oduccsi by Mr.
Poole, solicitor, Bartholomew-chow, and this closed the
cwe for the prosecution.
Mr. Gifted, on behalf of the defendant, submitted that
theiewas no case against his client, and that those who
bad brought it there knew that to hew...

The Lon' Mayor said he must admit that until Mr. Dc
Boos was brought forwaxd he had some doubt ; but Mr.
De Boos said he gave authority to Mr. Everett to open en
account in his name; that he owed Mr. Everett money.
and that his debt was reduced from 70/. to 201. At the
last examination Mr. Lewis asked him to adjourn the
examination because Mr. Do Boos was out of the way.
That did not appear to be the awe, because he had been
attending at his office daily, and Mr. Lewis's clerk would
have obtained information about him if he hail exercised
that judgment which he ought to have done. lie most
thoroughly agreed with Mr. Gifford that then) was no
case, and ho therefore dismissed the summonses.
Mr. Lewis said with great respect he differed from his
lordship's judgment, sad his Ghent would enter into his
the prosecute the ease at the mist session oftsranrserimto

FOIFJOIC MAILS.
Ortiontatni, Burr. 14.—The Inman Royal Mad mouser etty
of Arta. from New York, anima bore at 1.10 p.m. to-day. intik
/Vie is sprats Mavis, landed nails and sarongs.al pro-
andel Immediatoly ter UnnpooL All null.
nunourit. Mart. 14.—The Want of LUe, which loft llaihooni•
OD the Ist Juba, baa put is hen this aftarnooe. Otte brings 100
paw ra. twenty-dye thousand atoms of sold. and a roma
ooloolal tarp* Her pawners are lauding bare.

IlEnsixcrroN liusatm.—Vintore during
the weak audios 12th fleet., 1668:—0u Moody,
day, sad Saturday, free, boos 10 a.m. to 10µm., 13,966;
on Wednesday, Thursday, sad Friday (admission 6d.),
from 10 a.m. till 6 p.m, 1,779; total, 17,746; a of
eorrespoudiag week in former yeast, 11.730; vtoCirrom
the °peeing of the museum, 7,762,966.
DR. DE JOHoll'll LIOIIT-BItOWN COD LIVERROn..
—Dr. Lep. br,littvirral (Aker ot Health In the cliq ft_ London.
nt... •' In MI oases 1 Willy found d• BrOira
'ivt Liver ou Looomv.wing the Game at of YAMS whirh
the pe•...wo ehr•l44W reerriswoutela, sod ot le la a wits ot or.
imam oeselottatket, are the moat zrowirabid. It la 1 baklava, ant.
venial) artnowl•vto..l that W. all has great therapetatve tweet;
unit, how 1411 1/14, 1.1.4141.111/11. I have no doubt of Ow N•lnir ear
and iiiaaiati-rai.a 'wow..." Wald ma baolat Impala f.
plea*, 19. 41. 4.. ; Home.'9,, by 409604. Able 94.41a-
xi Atu-sir, 11.1 t font, .111,1 t , 77, tu.km,--tA4%
ateut