The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-05 00:00:00

CRAYON SKETCHES.

BY COUNT DE GABALIS.
Written expressly for the Northern Daily Tinzes.

NO. 111.
THE LATE JAMES ROCHE, ESQ , OF CORK.
(The learned "J. R." of the Gentleman's Magazine.)
(Continued from our last.)

He returned after some days' repose to his rein
tives in BordeauX, and tarried there ,for a couple
of years, at the urgent solicitation of numerous
friends, who were anxious to obtain the restoration
of the family property. In this effort they were
partially successful ; but for many reasons of a
private nature, he was resolved on seeking once
more the security of British protection. In 1797
he therefore returned to London. It was not to be
wondered at that he felt the period of his Parisian
confinement had been neither useless nor ill-timed,
since he spent the next three years—to many of
his fellow-countrymen doleful and disastrous in
the exreme—off and on between Dublin and Lon-
don, in comparative tranquillity. He had under-
gone le scrutin epuratoire, he declares himself, in
order to obtain his certificat de civisme, previous to
his discharge from his French prison ; and we
have no doubt but he passed most satisfactorily.
The Mind had been reduced to a temperature that
would enable him to pass current through the
world, and which never seems, through all the
fluctuations of aftertime, to have sustained a ruffle
again. A great deal of this rare equanimity may
have been, however, acquired. from 4--
naa been for some years
devoted, and which he now resumed with an energy
that rendered it thenceforward rather a recreation
otherwise.tl.4anti,thertiitil
of mercantile life was before him,
for his brother Stephen Rodle fl been importuned
to establish a bank in the province of Airnabi., and
offered the now matured subject of our notice a
partnership in the concern. He accordingly
accepted it. 'The bank was to be in the south
of Ireland ; so they. opened at Cork, in the first
year of the present century, under very favour-
able expectations. The brothers bad the singular
fortune to marry two sisters, relatives of the Right
Rev. Dr. Moylen, then Roman Catholic Bishop of
the Diocese. The bank of Stephen and James
Roche prospered so well for many years, that no
one thought it possible that such a fatality as a
failure could ever occur to it ; but the sudden
peace after the continental war, and the war prices,
dami ed and knocked many a thriving establish-
ment in Ireland and elsewhere, and amongst
the rest the well-known bank on Camden Quay.
We can well recollect the first announcement of
the failure, though now thirty-eight years ago, and
can distinctly recall some of the local effects of the
astounding intelligence. The partners were men
well versed in the line of business they had chosen,
expert, intelligent, high-minded and honorable ;
but it was bruited abroad. at the time, and by men
who could see far into the mysteries of the banking
system, and whose opinions were of weight, that
they had been over-indulgent in their accommoda-
tions, and had met with•keen customers. But so
wags the world. The arrangement of their affairs
raised the brothers, if poSsible, still higher than
before in public estimation. A princely library—
collected with great care and at considerable ex-
pense, of the most rare and recherche description,
the labour and selection of years and the fruit of
unexampled learning and cultivated taste—was
readily surrendered by Mr. James Roche to his
creditors. Every available species of property was
given up by the brothers ; everything was done
to meet their heavy responsibilities which high
honor and strict integrity could dictate. The cre-
ditors were so.impressed with the nature and extent
of Mr. James Roche's personal sacrifice that they
solicited him to make unlimited selection of such
works as might be most useful or most agreeable
for future recreation. Such conduct speaks highly
for both parties.

kp
Kitt.

• ' VP - ' - ';',,No-i,'
London became once, more ?44,.ch.v5i...a-L Tetrea, 'A
Mr. Roche,_ where he deyote 'h. ~,.
and Ivonderful poviers of apPlic.:'.... :,
j
sition of various articles which heet: N. itt,
the admiration of all. He never woo _4 c VT
reverse, of fortune.! His mind -apriAti , -.MI httk en
tirely above it. We have no means exactly, at
present, Of ascertaining the exact petio4 WlTiinairri
valuable, and reondito coritributiMist conainbcccl.
in the Gentle7llan's'2llitgazinc; .bt.''we areitiklosed
to think that they must bave'been' briginWiM'Whout
this time. ' Ever since they have conthitiM2io be
'poured into the ptiges 'of this admirably Wt-tt and
curious periodical, until his initials (jl4,l;§earno
redolent and
,c;ha.racteristic of
,the rich,,ll,t,Reeti,
elaborate, Elizabethan-Pike; style 'cif his ennnV,lpi
-- fifir
tionscompTehensive in research, minutq,i+M},twT,
truthful and. copioits in detail; till nothingfm§4iffvfig
unwritten which could coil itt plete his i»eaninorpg4
perfect his picture: '' '' - ' ' (.1 :-)4-1 oT
In -Paris, Mr. Roche bad been liniren *Ol/..
cultivate the society of all the scieniitic-aildilifelMii-..q
IL.
men Who were enabled .affildstuithe fiu,ettriatitiaj'ag
reverses, and rain of the time,-'t6 illti.Chimitgl 6 Js:
:,(/Inns; the capital, .when though
.yonng;29 ' /la
extraordinary abilities had already betrayed.okw
selves. Now, with a mind far more.Matured,:agla
-concentrated in the , British, intropolis, he -ivits_-___
4
sought:after ' and Cotirted;liiitOleYFk V 'Ailliti Ofer
great whom his. ii um enSe til IW:`i : lli, :., V , • itiii,Aid.K..,
mg :,,ml. curious research, together i'v,'; :(114,0,41,-L"-„
manly.and. amiable_ manners and lirininp'„ Ok?,1-Xlisili
!neat rendered an aeoeptable and welcome ilsoor*...Joi
'The anecdotes which he relates
.of these'daysiripn,K{
given in many casual and diverse papers, bit,4,,OrPplo
all highly illustrative of men and thing§. One justaxt
recurs touts, which we give, not by way, of .selec.;-.
tion, but as the readiest to our recollection. A
Cork merchant of the naine.of Luke O'Shea, who

resided in one of those incongruous. repAsses,r.
perhaps facetiously called squares in that facetious
and fun-loving capital of South Munsterbaskclia
some fifty years since when lotteries were,allikevopsii.t.
commissioned his brothers to purchase . ifirlp [loud
lottery ticket, by the agency of their Loikde4.oo
correspondent, Mr. Barnewell,- Which weirs '11,&13,41-11P
ingly done. Before, the answer could botransinsi Ttifnd
however, the ticket SO purchased.fOir.ratice, O'A 4',,.d.
‘vas-d-rawn.-a-riz c- -6f-424. 37043444;aticlirEff-0G1F.264-a S nil.____
advice of the purchase hail egbne forward, Mr. •
Robert, Barnewell, if he had so willed it, -might—,
hav&rel.ained the fortunate, ono and transmit-4 •
some ::other ticket. But ,iioi,, l!the, high-inthilfitdir
merchant dispatched at once,an4icoOthita:bfilltii..(l
O'Shea's good fortune; -togeth-er - -with the -Bunk
order for the amotifill..l :THe" !vas immediately
christened in pr6irinci al 4 pftritine:)e, ! LiiiiVe O'Shea.
The fortunate' Winner ird.i6diikil heaikl idir(fli6ll4iitfl
turn of the wheel than he set' otiti feYrjfhe'4ilpital.,./
where he had his portraifoltawriliylgartlitit'AiclieeT
She e.—then cotninen c4l i
iliB' j,111!,,T . 34481'—i tg :
• • , , 4r s its
oiltyr -)3 -, lift
a cavalry V lAunteei., v31,1;:,!L 91z.vg,tii1.1-1 ::t8',101444.0,-,
.
to the chariot of the suiiimt kg
,Intiup hiSß.,giiii
4 - • 4
was- of, such extreme ,climensloim4hat,,iikifitme44
the side of a yery. loge :,1141,;Stlel.t) was,-,419,a
exuberance-of- his -Celtic—pritle--: - Hit paternal ..
property was known to.belnEkiiky moderate extent;
but thus suddenly smiled upon by Dame. Fortune,„...
he . married Miss . Connor, and deterinined„,witlt t,.
the blessing of Providence, on, the eontinuauev
of his fortunate name and lineage-.A.-,A1r....rk
closed his statement by observing that the I..oßkil
house of Robert BarnoVell aria Sons, the
diants alluded ti), was in fA•efy p,.)int of )rf4iit)l"-
,oth socially and c9ul., inereiall'Y'Vi,l2:hly resii.eatAlV.°'

ripn the elder of the firm flea started -the
netropediS; .he opened an aec9unt, 'in 1767, att‘'s
Messrs. Fuller's bank at the same time with threl‘.7\
othpr Irish gentlemen, but which euccesei-olly
had given .way• in the, rum of \commercial aunt ationee.S,l
while the establishment of the Baraewell'o, havth.,
only increased in mercantile opulence and pros-
perity. This character seems only commensurate
with the integrity of the founder. They were the
eldest branch of the old baronets of Greenanstown,
who were created in 1622, and though of infirm
title, are senior to the barons of Trimleston, one
of the few remaining peerages of the Plantaganet
creation. The Cheshire Stanleys are similarly
circumstanced with respect to the Earls of Derby, .
and many other instances of like import may be
found in the peerage.
The late Earl of Dudley had intended to avail
himself of the valuable services of Mr. Roche,
whose character and abilities he highly appreciated
by engaging him in the arduous' but approPtiate,'
situation of private secretary at the time that he,
was himself in possession of the portfolio Ors
foreign affairs. Nothing could be more suitable'
to Mr. Roche than such a
.post, wbese.,,,flu.enitra
command of foreign languages and extraordinary
endowments. --would have rendered, invAlttable;in
filling it. But, strange to say, a• eingulur .but
unexpected obstacle presented itself to theieonlie
pletion- of So desirable. arr,event: Mr: Rochdale
hand Writing was' so very rainuter:- that iterr
could be scarcely deemed a difficulty with him VP'',
copy the Lord's Prayer Within the compass of' it's
sixpenny token ; while my Lerd Dudley was
so short-sighted: that he could scarcely read ,it,
at all !
Mr. Roche again sought the French capital,.
where he continued to reside, from the ,year.,1829,
until 1832, and then once more returned to his na-
tive country When the National Bank was Rstai
Wished in Cork, he had been nominated as one,o(e
the directors, and up to the period of his deethy,e
continued to fulfil the duties of local director. It
is needless to remark that his presidency gave unii,l
versal satisfaction. He was president also of the'
royal Cork institution, president of the Cork library .1
society, president of the school of desigo, which
was lately established, chairman of. the bench of')
magistrates for the borough of Cork, and chairmini,
of the Queen's College committee ; in fact, hip
local position, and literary attainments, peettliarly,
qualified him for such appointments. He
.was,
moreover, by no means insensible to the-PerSonal
gratification of having to fulfil the duties of thOse
respective offices. It was the only earthy mixture'
in the pure and refined mould of his extraordinary
composition. There is nOthingparticillarly attrac-
tive to strike the eye, either architecturally or other-.
wise, in the building appropriated to the National
Bank, on the South Mall ; yet, to us, it seems so
mixed up with the man, his genius and learning,
and so thoroughly identified in our mind wilh•the
sluvele‘.es,u7el;celreilnttii?_lith,oeifmpteluipboslieteipm,m,
er;ac
Is,roiBefouffixllea:) la"
the
sterling lore of the ancient times, and the startling
recollections of modern days, that no structure of
far greater pretension, or more ornate design, could
be half so productive of the enjoyment which we
have derived from its contemplation.
- The historian Robertson is reported by his able!
biographer, Lord Brougham, with an impartiality
that dot uirri special honour, as a descendant, as
liable to censure. n, finds reason to lament that
his aintance with `-lhistory should iTavZ ina,,
eat scenes
and ienhtaimraaetteersacolu
Lim
too familiar with the crimes of 'exalted characters,-
so as to suppress the full measure of reprobation.
Although no perfectly consistent comparison can
be drawn between him and Mr. James Roche, since
he never attempted anything like a complete histo-
rical work; yet, as many of his articles will neces-
sarily become like landmarks and guiding stones
to the future historian, it may not be entirely mis 4!
placed ; and of him it may be justly boasted that
he has never swerved from the strict line of 'duty:
He has never allowed any act, matter, person, or
occurrence, to pass the ordeal of his unbiaSsed
and discriminate judgment without receiving
its proper amount of animadversion. His cas-
tigation we have known at times, as in the case
of Robespierre, to be fearfully severe. It is a
matter to be regretted, that he did not think
fit to combine his various rare and valuable
papers in some historical or chronological
order, since they would thus acquire 'un
importance and uniformity which would render
them a pictorial series of unequalled attractiov.
But whether from the constant requireMentS-Or
mercantile life in the disposal of his time, or the
rapidity with which his pen discharged his won-
drous reminiscences, like the overflowings of his
conversation, nothing of the kind ever seems to
have suggested itself. He wrote as he spoke, while
every anecdote elicited its own illustrations, until
the whole article was thrown off with all the sub-
stance and spirit, and every sign and tokeri,,though
hastily done, of an elaborate performance. We
retain some of these papers at present in our pos-
session which had been, not long since, furnished
to us for the Cork Magazine, and they are indicative
alike of the rich fertility of the mind and the intense
rapidity of the composition.' His mental faculties
actually seemed to constitute a panorama of their
own, and the pen, his instrument,. had nothing
more to do, as it were,. than make out copies as
fast as physically the work could be done.

Lei IV LYLLLLIG.K4VCE.

YORX AND NORTH MIDLAND RAILWAY V. HUDSON.

. This case was brought before the court on further direc-
tions and on motion, to vary the certificate of the chief clerk
of the Master of the Rolls, approved of by his Honor as to
theLninotnit which defendant was to be called upon to pay
into court after having taken the accounts directed by the
decree. Before the motion was heard on its merits a dis-
cussion took place as to whether it could be heard at all,
whether it was not the intention of the orders that a matter
should not be argued by solicitors in chambers, and again
b ',counsel before the same judge in court:
His Honor declared his opinion that the intention of the
orders was, that no matter should be twice argued before
the same judge, and he should act on that opinion in all
future cases; having regard to the novelty of the new prac-
tice, he would permit the question to be argued again before
him in open court.
Mr. Rolt, who appeared for the defendant, then addressed
the court in support, of the motion, which was substantially
a motion to reduce the amount which defendant was or-
dered to pay. The first item on which he moved a reduc-
tion was in respect of 300 East and West Riding Extension
Shares for which defendant was charged in the certificate
with i 8,400. The company passed a resolution that 38,500
of the 50,000 East and West Riding Extension Shares
should be allocated among the shareholders of the company,
and that the remaining 11,500 should be at the disposal of
the directors. 9,000 of the 11,500 shares were entered in
Islr, Hudson's name in the shareholders' registry at the end
of the alphabetical list, but in December, 1849, 300 of these
shares were transferred to his name in the regular alpha-
betical order, and he paid the calls due in respect of them,
and. received the dividends from that time. In taking the
accounts the chief clerk had charged Mr. Hudson with the
vice,,of, the 300 shares on the day they were so transferred
to him. *The 'decree declared that the defendant was a
trustee of the company for these shares, and that he should
*count for the profit of the shares disposed of by him, or
by any person or persons by his order, in his character of
chairman or director of the company. Mr. Hudson sold
these shares in 1849 for 4,5751. only, and it was now sought
tn reduce the item from 8,4001. to 4,5751.
His Honour, without waling on the counsel for the com-
pany to reply, held that the transfer in the snare book from
-the end of the book to Mr. Hudson's name in the alpha-
betiCal list was a disposal of the shares within the meaning
of the decree. From that day he paid the calls, and re-
,ceived the dividends, and became the owner of the shares.
He was, therefore, properly charged with the price of the
-shares as transferred to him, and as no money passed, it was
wpioper to charge him with,the price of the shares on the day
,7they were transferred. He should not, therefore, vary the
certificate so far at related to that item.
The next item objected to was 2,3371. 10s.. in respect of
_lOO shares transferred to Richard Nicholson. Plaintiff ad-
mitted that Mr. Hudson was not to be charged with 1,800
shares.

..Mr. Gray proved that 200 of those 1,800 shares were as-
signed to Mr. Nicholson, but Mr. Hudson had been charged
watt? 100 of those 200 shares.
/e arauments on this item were proceeding when the
court rose.

. ,
f• SMITH V. THE ROYAL MAIL STEAM NAVIGATION
COMPANY.
This case was resumed on Friday. Mr. Sergeant Byles,
after further evidence was given for the plaintiff, ad-
dressed the jury for the defence, and concluded by stating
that he trusted the jury would bear the defendants' case with
the: same impartiality that they had heard the plaintiff's, and
that in the result they would give a verdict for the defend-
-rf-ants. But even if they should be of opinion that their ver-
xf,dict must be for the plaintiff, he submitted that a small
amount of damages would meet the merits of the case. There
yfere .eleyen actions already, and if the jury gave a verdict
tlibliraintiff, there would be twenty more by the other
ikimidAass passengers, and all these carrying the costs
against the company.
Captain James Simpson Hutton explained the cause of the
• delay, which arose from the breaking of a portion of the
machinery. He stated that the quality of the provisions
was good, and the quantity abundant. Some articles are
always bad in part, but any of that kind they found were
always thrown away. ,
';flNr. John Algar, purser of the ship, and the doctor, Mr.
lloneywood, gave evidence in support of the defendants'
_ case, corroborating that of the captain:
;Mr. Green,lof the, firm of Linklater and Co., Mark-lane,
who supplied the ship, depoied that his house gave first
quality provisions for the , ship. Their account was £2,659
2s. 9d. The case was adjourned.
On Saturday the case came on again, and at three o'clock
on that day, the trial having concluded, there was a verdict
for plaintiff—damages, £7O. In the eleven other cases ver-
dicts of £5O were entered by consent.
DOWDAL V SAME COMPANY.

This was an action brought against the same company
for having dismissed the plaintiff from his office of purser of
the Australian mail-ship, on her unsuccessful attempt to clear
the channel in April last.
Verdict for plaintiff £4O, in addition to £22 paid into
court.,
TURNER, r. TEE MIDLAND RAILWAY COMPANY.—LIABITaTv

Fax LTSCIOACIM.

Thu plaintiff is a commercial traveller, and on the 28th
October, 1852, had gone in an omnibus from an hotel at
b4by, in order to take the 11 o'clock train to Birming-
ham. On arriving at the station, he asked the driver of the
omnibus to take his luggage on to the platform. The driver
refused to do so, as it was contrary to the regulations of the
company. He took in the luggage himself, and as he was
too late Tor the train, he delivered it to a porter, who placed
*on a truck, and he went to call on some persons until the
starting of the two o'clock train. On his return to the sta-
tion he did not see his luggage, and, supposing it had been
placed on. one of the vans, he started to Birmingham. He
'missed his luggage when he arrived there, and it had not
&en. since found. The value of the luggage was admitted
to be £l5.
The defence was that the luggage had never been delivered
to the servants of the company, as the driver of the omnibus
had assisted the plaintiff to put it on the platform, and that
the plaintiff was so intoxicated, or " muddled " with liquor,
ilidt he was not able to take care either of his luggage or
himself. The omnibus-driver, the superintendent, a clerk
and a guard at the Derby station, were called to make out
this case.
Lord Campbell,in summing up, said it was for the jury to
say whether they believed the story told by the plaintiff,
or by the witnesses for the defence.
Mr. James submitted that•the defendants would be liable
if the jury believed that the luggage had been deposited on
the platform by the plaintiff or omnibus driver.
Lord Campbell held that they would not. It was of the
last importance that railway companies should punctually
discharge their duty to the public; but it would be most
unjust to impose on them a liability that did not belong to
them.
The jury, after a short consultation, returned a verdict for
the plaintiff damages £l5.
Lord Campbell directed execution to be stayed until next
term.

BANKRUPTCIES.—IN RE JOHNSON, AN UNDERWRITER.
This was the last examination meeting in the matter of
Thomas Johnson, merchant and underwriter of Broad-
street-buildings, who had traded, in partnership with two
others, under the firm of Johnson, Peel and Co. His ac-
counts, prepared by Mr. Turquand, commenced on the
30th June, 1850, with a deficiency of 3,9601. He now owes
to unsecured creditors, 3531.; ditto on underwriters' account,
C 0.,; ,secured creditors, 1,933/. ; to Johnson, Peel and
u 0,1 out. were stated as follows : Good
debtors, 28/. ; ditto on underwrlLL..6 2-854/ , pro-
perty held by creditors, 7071. The receipts on tne'Lea,,
writing account had been 3,007/. ; losses, 1,187/. ; household
expenses, 1,339/. ; personal ditto, 1,8451.
Mr. Cotterill, for the assignees, opposed, and wished for
further accounts to be rendered. _

His iiOnor thought no benefit would arise to the credi-
tors, and would not allow it.
_ _

The examination was passed, and a day named for a cer-
tificate meeting.

IN RE SHIELDS.
The bankrupt's liabilities are abon+ ~..vc. lie was in
the South American +..-a-,. ine assets consist of returns
for cono;e--"US' and are yet uncertain.

MILTON HALL AND CLUB.—A meeting was held in Glas-
gow on Thursday, at which Sir James Anderson, M.P., pre-
sided, for the purptse of co-operating with those parties in
London who are about to commemorate our great poet by
the erection of a hall and club in the metropolis.
PAISLEY. —A GREAT MISTAKE.—A very worthy collector
of accounts found himself in rather a queer box lately.
While in his usual rounds of cheerfully collecting cash from
the willing, and dunning those who had a strong aversion to
part with their spare funds, ho knocked at the door of a house,
from the inmates of which he expected a small portion of her
Majesty's coinage. He knocked, but no one answered, and,
just as he was turning to leave, he heard the bolts giving
way, and the door opened. A female face, beaming with
joy, saluted his surprised look, and protestations of the great
delight she felt at his visitfell upon his astonished ear.
" W cicome," thought the collector, " why, it is a most rare
thing certainly to be received in this joyful manner, but since
they are so very willing to part with their cash, I shall just
be as willing to recelre it. With all due form the man of
money was ushered into a bed-room, a single glance round
which, however, soon convinced him that another more grave
professional brother was required. Here was he, indeed, in
a peculiarly perplexing predicament, to sheer out of which,
as speedily as possible, was his desire. His faithful rade-
mecum which he had under his arm, however useful it mightbe to remind him of the paid and unpaid of his debtors, held
within its boards no recipe to enable. him to officiate in the
critical position in which he felt himself. "Hoch," says he
to the expectant attendants, " I'm owre land here. You've
pushed me into the wrong shop a' the gather. I maun
awa'." And off he set, as glad, perhaps, to get away, as
those who had asked him in were to get rid of him, seeing
that he was not the man they wanted, and resolved in future
to be suspicious of cordial welcomes at doors, when on a
money-seeking excursion bound. [To readers who do not
understand the languages, as the " slangsmau" said to the
lord chancellor, we may say that the tax collector was ad-
mitted as a supposed accoucheur, and that was certainly a
great mistake,