Northern Times.
Liverpool, Merseyside, England, 1857-12-23 00:00:00

, THE NORTHERN

RECENT FAILURE IN THE IRON DIS-
TRICTS, AND THE WOLVERHAMPTON AND
STAFFORDMIRE BANK.

e- At a meeting of Messrs. Wright and North's creditors,
held
.in Wolverhampton, on Monday, Mr. G. Robinson,
solicitor, on the part of the Wolverhampton and Stafford-
shire Bank, and the course which it intended to adopt
With reference to insolvent forms in future, made the
following statement :

As this is the first opportunity at which the bank has
been
„ able to explain their conclusions on the subject of
the many estates before the public, I shall be obliged if
the meeting will permit me to go into the subject rather
generally before I speak of Messrs. Wright and North's
?articular estate. It may appear on the first blush
improper to do so as to any particular estate, except that
Qa which we are now met, but when I mention that all, or
Ilearly all, these estates are but so many links of one
chain—that A. says if B, C, and D had not failed I shoula
be on my legs—that B says if A, C, and D paid I could
Pay—that C says if A, B, and D pay I am right—that D
says if A, B, and C meet their bills there is nothing the
matter—thet each of them lay the blame on the others. I
have, I hope, said enough to justify me in trespassing
upon your attention beyond the immediate estate before
as, and especially as that estate, when I come to it,
Zama fall within general rules which the Wolverhampton
and Staffordshire Bankine Company have laid down
for their government in all these matters. But before
I proceed farther, let me also say that nothing of vin-
dictiveness guides our proceedings ; that in approving of
Public principles we are not in a position to do so at our
°am expense, and that the rule which we adopt is ne-
cessarily that of getting the most with certainty for our-
!elves. It has, indeed, by our depositors and creditors
been required that we should wind up every estate in
avowed insolvency as the condition of the concurrence
111 our going on, but we have bound ourselves to no
extreme. We concur in the reasonableness with which
our depositors declare that their moneys should not
remain to be used for keeping afloat insolvent: estates ;
but we claim a discretion in the mode of closing such
estates. It is our firm conviction, too, that it is only by
an honourable adherence to this rule and principle that
we shall place the bank upon a sure foundation, and make
it what it ought to be—one of the first institutions in
South Staffordshire. We feel bound to realise estates in
utter insolvency if there is nothing to fall back upon or
no security for the use of present assets and promised
profits. But a word more. The bank owes £350,000, and
!t is only by the collection of €400,000 of accounts due to
it that it can pay its debts ; the latter are especially and
necessarily appropriated for the farmer. The current '
busing cc of the bank is from new capital of €lOO,OOO,
adrenced by the directors, and .€50,000 paid by the
shareholders, which, after completing other engagements,
shall be applicable to it. The present debts are to be
Paid by the present accounts, and it is preposterous on
the part of the persons representing insolvent estates to
suppose that the bank can continue the difficulties of
their circumstances. With these few preliminary
remarks I will come to the point, and I will endeavour to
show the application of the principles which guide us.
boring the whole of the last week a committee of the
directors have b:en daily and incessantly engaged in
investigating various estates, including that of Messrs.
Wright and North. It is always more agreeable to concur
than to dissent, and to do so upon conviction is one of the
most grateful of duties. Let me, then, in the first place,
say how truly we wish success to Messrs. Solly. With
but an apparent surplus at a sale price of stock and
tools, they feel that by exertion they can pay their
creditors in full, and they ask but a very reasonable time
to do so. Credit, founded on integrity and prudence, is
Property, and most earnestly do we hope that credit will
not be withheld from these gentlemen. We have ourselves
accepted their proposition without a comment, except
that of approval of their object, and a sincere desire for
its success, and whatever aid we can give them shall be
at their command. Let me also do equal justice to Mr.
T. H. Pemberton. At present sale prices his property
Would not realise 20s. in the pound. but, being mineral, it
has ir herent sources of future profit. He disclaims ar.y
idea of using it otherwise than for paying in full, and we
have accepted his own mode and means of doing so. I
1118 h I could add to this list. First in the opposite direc-
tion is the estate of Messrs. Fletcher Brothers, and
Green—they have not met us or given us any explanation
of their affairs. All we know is, that they commenced
business about two years' since—that they are already
largely insolvent, and so late as the Ist of this month
they appear to have given a preferential bill of sale for
£3,500. Until this matter can be satisfactorily explained
We determine that their estate and conduct in business
shall be investigated ;n the Bankruptcy Court. We have
come at present to a similar conclusion as to the estate of
Messrs. Pearson and Kendrick, and I make this statement
With extreme regi•et. I had formed a high opinion of
theirandustry and prudence. I had prepared a security
to them for £2,500, and I have twice within the last year,
been confidentially applied to respecting them, and on
each occasion I have written in terms to insure credit to
"eal• I am, therefore, deeply mortified to find myself
In error, and though the facts which I am about to state
Will create a strong impression, I am bound to say that
Still I believe Messrs. Pearson and Kendrick have erred
by mistake rather than from any wish to do wrong; it
often, indeed. happens that artful people avoid difficulties
which more really honest people fall into, and I do not
Mean to bear herd upon Messrs. Pearson and Kendrick
personally in the statement which I am compelled to
Make. It appears that Messrs. Pearson and Kendrick
began business only in 1852, with a capital of £2,000 ;
that they owe now £37,642. and estimate their assets at
£14;215; and that trom 18;52 to the present time have
drawn from their business for their personal expenditure
£5,428, being at the rate of .€l,OBB per year. They ex-
Plain their loss to have arisen from €1,500 in depreciation
of iron, in €7,455 of known bad debts, in €7,144 for loss of
bills now supposed to be bad, and in about £6,000 of bills
given by pre-payment for iron not delivered, nor likely
to be delivered. Passing by such a disregard of all
'regularity in business, I come to a more painful
subject. A Mr. Gregory had a small iroawork near West
Bromwich, Messrs. Pearson and Kendrick were in the
habit of supplying him with iron, and, to secure them-.
selves, they took a charge on his works to the extent of
£2,600 in 1854. Subsequently, it seems that they took
a release of the equity of redemption from him. But
they continued till their failure to supply him with
iron, and renew his bill for the amoutit, of it from time
to time as usual secured on the work.: On the 17ht of last
Month they owed Gregory in cash £49, and he owed them
*2,762 on bills running, the first of which bscam due cn
the 15th of this month, and the last of which is not due
until the 12th of March next. On or about the 18th of
bet month, when Messrs. Pearson and Kendrick must
have known themselves to have failed, they conveyed this
Work to Mr. Yardley, the father-in-law of Mr. Pearson,
for securing an advance he had made to them, though they
have not returned his acceptances for the iron on account
of it. It is almost unnecessary to say that unless Mr.
Yardley voluntarily gives up this deed, or a very different
view of it can be given to that which it at present bears,
the estate of alessrs.Pearson and Kendrick must go through
the bankruptcy court. This also brings me to the case of
Mannix. I am sure that no one will hear of a profes-
sional person of Dr. Mannix's position being involved in
commercial difficulties without r. Bret ; but when we learnt
that Dr. Mannix's brother had procured a preferential
security from him, we at once determined to have it
Judicially investigated. The prompt withdrawal of it,
however, at the request of Dr. Mannix, removed our
difficulty, and we have accepted the offer he was then
enabled to make us, fully guaranteed by his brother, being
satisfied that it was all in his power to accomplish. We
have come to a similar conclusion in Mr. Charles Perry's
estate, and I believe the dividend made by him, which is
also fully guaranteed by his brother, exceeds considerably
the value of his properties. Two other estates of great
importance have engaged our most anxious attention,
those of Mr.W.T. Riley and of Messrs. Fletcher and Rose.
They are estates respecting which a great amount of feel-
lag naturally exists. The debts of Mr. Riley amount to no
less than £240 831, and his assets, at his own valuation,
are but 80,310'. The accounts and valuations of his
estate have appeared to us imperfect, and we have been
unable to come to any conclusion; suffice it now to say,
that his ability to pay any dividend of importance depends
on the value of mines to be realised, and we are taking
the most efficient measures to ascertain what they will
Produce within a reasonable period. If we find that a
continuation of them will liquidate his debts, we shall
expect them to be worked out for creditors until they are
Paid, and I am bound to say that Mr. Riley has not
Objected to such a principle. We laid down the same
rule to Messrs. Fletcher and Rose, and were not a little
surprised to bo told that it was an unreasonable one.
They thought the only principle in insolvency was that of
taking what a man then had, and that it was unjust to
tax his future exertions. I will not attempt to charac-
terise this idea ; I will simply say it will not prevail with
Us. I forget when these parties began business, and am
not sure what capital they brought into it. I am certain,
however, that it was very small, and in 1855 they called
their creditors together. They then owed 58,2761, and
called their assets 90 4661. They offered 7s 6il in the
Pound, which their creditors accepted And now they
owe 40,4e61, and all their assets are 21,3221. The appa-
rent result, therefore, of their proceedings, is this—they
have reduced the 58,07G1 of 1855 to 38,2731, by 20,0001 paid
from the 58.2761 on account of the promised dividend of
1855, and they take credit in their present accounts for
9,4e31 for profit since 1855. We more than doubt that
statement of profit; but no matter; I take it as
they give it. And they debit themselves with losses
be the amount of 28,6271. So, that if these figures
he correct, they are €20,000 worse than when they
compounded in 1855. They do not deny this deduction,
and they explain it by saying that they have taken
'61,500 from their present creditors to pay the old ones,.
!ad have made £12,000 of bad debts. The estate of
Messrs. Motteram and Deeley affords a similar illustra-
tion of the impossibility of making profit withont means.
But what is the proposal of Messrs. Fletcher and Rose ?
!t is to pay 12s. 6d. in the pound by instalments extend-
ing to two years. Now mark, towards these dividends
the available stock and debts come to ss. 6d. in the pound,
and the rest they expect from colliery profit in two
'ears. The colliery contains 165 acres of land, of which
net fifteen will be worked out in two years ; a large
in
-of the creditors' money has been expended in open-

leg this colliery, and if it will really pay 7s. 63. in two
years, R will pay 20s. in three years more, and we simply
ask Messrs. Fletcher and Rose to go on till their jest
creditors are paid in fall : we add that should it appear
impossible to do so we should cease to require it, but we
meet with no assent to s principle which we should have
supposed would at once have been gladly accepted,
and we determine that if the inquiries we are making
respecting the capability of Messrs. Fletcher and
Rose's colliery justifies such a conclusion, they must either
work it under inspection until it pays their debts in full,
or go into the Gazette if they refuse a proposition so rea-
sonable. But to be plain, if the colliery is worth this re-
sult, it ought to pay in full: if it be net worth it, the offer
to pay 7s. 6d. from it is only a delusion. Similar inquiries
as to the capabilities of Mr. Pool's colliery are being
made before we can accept the proposed amount of his
dividend : we believe that it. must be considerably increa-
sed. The same rule will apply t• the proposals of Messrs,
T. Morris and Son. Now I come to estates and to a
principle which guides us in estate like that of Messrs-
Wright and North. I shall first take the estate of Messrs.
Rose, Higgins, and Rose, as it is called, though, in fact,
no one but Mr. Thomas Rose belongs to it. Messrs.
Thomas Rose. Isaac Higgins, and William Ress began
business in 1849, with a capital of only £4,600, which
they soon reduced te X6OO, by giving William Rose £4 .000
to leave them. They say their works cost them £25,400,
so that giving them the utmost credit for their own state-
ment, they advanced and spent £6OO of their own money,
and £26,000 of other people's money, and now they owe
412,501 besides their works ! They stand. indeed,
thus

DR.

Works cost .

CR.
£2`,100

Leis paid out.. 4 000 } '4'6" stock and dsbts .
Mortgage on works .... 15,000
General debts . 72,501

drh4,817
Deficiency 33,284

£83,101 £BB,lOl
•
Mr. T. Rose admits that he was insolvent in 1855, and it
is char, from the above figures, that since he has been in
business he has carried it on at a loss of £33,2B4—upwards
of £4,000 a year—and yet he proposes still to carry on
these works, paying 2e in the pound in two months, 2s in
nine months, and £3,000 a year afterwards until lOs in the
pound is paid, when he is to cease to pay any more! I
have had no small experience in business, and I have seen
many impracticable propositions in my days, but never
anything so impracticable as this. Just take it as Mr.
Rose puts it. He says he owes 472,501, and, besides his
works, has but £29,417 of assets, which he proposes to
reduce to £11,297 by paying 5s in the pound out of them,
and then, without capital or credit, to go en with his
business, and turn a loss of £4,000 a year into a profit
from manufacturing of £9,000 a year ! Ido not wish to
be rude to Mr. Rose, and therefore I shall only say that if
there are persons who believe his idea to be practicable,
we shall be greatly obliged if they give an earnest of
their convictions by guaranteeing it. The highly respec-
table gentlemen (Mr. Stubbs and Mr. F. Sony) who
waited upon us, required ❑othing so idle ; they only urged
that an immediate sale is the present state of trade
through the bankruptcy court would be very prejudicial,
and that it would be advisable to allow a few months for
the realisation of Mr. Rose's property. In that we fully
concurred. The bankruptcy courts are so inadequately
conducted that the public has lost all confidence in them ;
they are not only most unnecessarily expsusive but they
afford very little protection to creditors ;_ uo sufficient
inquiry, but little discrimination between the honest and
dishonest bankrupt, and a mere routine of meetings are
in nine cases out of ten everything that creditors can see
in the practice of the bankruptcy courts. They aro
everywhere avoided if possible, and if the authorities of
those courts do not themselves sae the necessity of some
reformation of them, public opinion will soon call for
their extinction. We have agreed, therefore, with Mr.
Stubbs and Mr. F. Soils', that, as far as we are concerned
the estate of Messrs. Rose, Higgins, and Rene shall be
assigned to trustees, with power, if they shall see fit,
to keep on the trade for a period not exceeding a few
months, in order to give time for the most profitable con-
version of the stock and sale of the works. We pro-
pose to adopt a similar rule with respect to the estate
of Messrs. Wright and North. I wish, however, before
I go further, to say that I come to that conclusion with
great personal regret. I was associated with Mr. Wright
in our Town Council. I know that there was no more
sensible, public-spirited, or useful member of it, and I
have never heard any one speak of his difficulties but with
regret. But business must be business, and what is the
state of their accounts ?

In 1850 Messrs. G. Dimmack and North began business
with only £1,500, and it is but two years ago that Mr.
Wright, unfortunately for himself, joined Mr. North in
the place of Mr. Dimmack, in consequence of their being
due to him (Mr. Wright) a large sum for machinery he had
made for their works. Ido not know how far the state
of the concern at that time may affect the accounts now
produced, but as Mr. Dimmack was paid a sum for retir-
ing, I suppose the concern was then solvent, and if not
Messrs. Wright and North ought long since to have closed
it. However, they now state to us that they have expended
£lB,OOO in their works, and there is a mortgage to the
bank of £5,000 upon them. Irrespective of these works,
they owe no less than £39,100, and they estimate their
assets at £20,100. Upon these figures they have lost
during the last two years at least X 6,000, thus :

•
Ds.
Mortgage of work .e 5,000

Debts. •.....

Cs.
Cost of works...
assets ..

.eEB,OOO
Loss in business.— 6,000

£44,000
Whether the offer is to pay 103 in the pound within
fifteen months, as I have understood or 203 in the pound
at the end of six years, as has been spoken of, is itn•
material. If the former, we can realise it ourselves
all events, we cannot let works, stock, and debts remain in
insolvent hands without security, and this estate stands
exactly in the same" category as that of Messrs. Rose,
Higgins, and Rose. We do not question that the business
of Messrs. Wright and North has been conducted as well
as their means permitted, or that they have ,bought iron
for the sake of raising money by reselling it and multiply=
in; bills ; but I must also expressly state that we have in
no case made much inquiry into such circumstances.
We disclaim every feeling and desire-1 might in our
own situation say every right—to criticise errors either
of judgment or necessity, and we simply deal with
these cases as matters of business. We know it to be
impossible to carry on any manufacture to profit without
capital or credit, and we are certain that all attempts to
do so would only end in increased disappointment and
increased loss. We can listen to no delusions on tha'
subject ; we are not at all likely to use the property of
the bank for such a purpose, and we cannot make invidious
distinctions, but we beg it may be understood, that in
determining that this estate must be wound up, we wish
it to be without bankruptcy, and done in the saind
considerate manner towards Messrs. Wright and North,
and economically to realise the fullest value of the
property. I may also say that there is another reason
in this case for this conclusion. Neither of the partners
has any private estate to come in aid of the liint estate.
Mr. Wright's own liabilities and assets are, indeed,
these :

£44,000

On acceptances
on open accounts .. .... 650 Open accounts.... ..... 000
Overdrawn at bank .... 2,800 Stock an' tools ........ 5 500
Liabilities on returned t and at Monmore' 3OO
bi 11....... ....
On W. and N.'s Gills 6,28) W. and N.'s bills, £6,280,

£11,793

say

4612,128

Mr. Wright's own estate is therefore dependent upon
getting 2,8001 from the joint estate, and we cannot put the
private estate in jeopardy from loss of the joint estate.
We cannot listen to such a contingency. I will only
trespass further upon the attention of the meeting to say
that in determining these matters we have a most respon-
sible and painful task, and that we act only under a sense
of duty to the bank, its shareholders, and customers,
without being influenced by extraneous objects of any
kind.

THE WOLVERHAMPTON Thursday, the first
Jay of the re-opening, the confidence of the public in the sta-
bility of the concern was. shown by the amount of cash
brought in being more by some thousands than that paid
out.—Birmingham Daily Press. _

A RECEIVER OP STOLEN PROPERTY.-At the Bo'.ton
Borough Court, on Saturday, a dealer in rags and old
metal, named Richard Pearce, was charged with receiving
47 lbs of lead, knowing it to have been stolen. Consiiera-
ble quantities of lead having been taken from various places
in the borough, police constable Sharpies was sent round
amongst the dealers in old metal, to endeavour to true the
property. On Thursday, the 17th inst., he went to the
shop of the prisoner, in Turton-street, and inquired if he
had bought any lead that day. Pearce said he had not.
The officer then told him that large quantities of lead had
been stolen, that the dealers would rot admit of having
bought any, and that the authorities were determined to
make an example of those who were encouraging and pro-
tecting the thieves. Subsequently, Sharpies sent his soa
to watch the prisoner's house, and, on Friday afternoon, he
saw a man, named James Prescott, go in, and, from his
pockets, place about 30 lbs. of lead upon the scales. The
prisoner was present at the time, and, when Prescott came
cot, the lad watched him to Foundry-street, where he and
others were employed repairing a building. Both Prescott
and Pearce were apprehended, and the latter stated that he
had only bought three lbs. of lead that day. Prescott,
however, confessed that be had so!d two lots to Pearce,
the first, 19 lbs. in the morning, for 2a. 4d., and the
second, 28 lbs., in the afternoon, for 3s. 4!. To reach the
man who was "worse than the thief," Prescott was taken
as a witness, and stated that he was working en the roof
of a bui!ding in Foundry-street, belonging to Mr. Wm.
Park, and that the slater gave him the lead to sell. He
admitted that he knew it was stolen, and said that he had
the money received from Pearce in his pocket when taken
into custody. Pearce, the receiver, was committed for
trial ; and, if a similar course was taken in all cases of this
kind, property would be more secure, and gaols ',compara-
tively empty. If there wore no receivers there would be no
thieves,

TRIAL OF TWO POLICEMEN.

At the Middlesex sessions, on Friday, Hugh Brady, formerly a
-conitable of the H division, N 0.186, who had been brought is
custody from Dublin, upon a judge's warrant, to take hls trial, was
indicted, with George Queenby, police const.ble l2i H, who amen-
dered, for haring, on the Bth July last, unlawfully and maliciously
inflicted grievoui bodi y harm upon Diedrick Rathgen. The prose-
cutor, upon the present occasion, was tried for an assault upon the
two constables (now the deeselants), and acquitted, on the ground
that they had been guilty of brutality towards him, and had acted
greatly in excess of their duty. Brady was allowed to resign;
Qaeeuby was retained, pending his trial. Mr. Sleigh, who defended
the prosecutor on his trial, and Mr. letarence, were for the Prosecu-
tion ; Mr. Metcalfe appeared for Brady, and Mr. Ribton tor Queenby.
Mr. Sleigh, in opening the. case, commented upon the gravity of toe
()Vence with which the prisoners were charged. He then called the
prosecutor, who said: lam a bag m •ker, and re ids at N 0.9, Old
Montague-street, Whitechapel. I have resided there for some years,
and my name is on the outer doer. On the Bth of Jaly lass, I went
with some friends to a German Festival, held at Highbury Barn, and
rae, my wife, her sister, and friends return() i home in cabs between
three and four o'clock next morning. We all got out near White-
chapel Church, about four minutes' walk from my house. A young
female was with us, and my wife and hemsister went to see her home.
While waiting for their return, I heard an altercation in Hope-street,
close to my house, and en going there I found the defendant Itra, ly—
the policeman on duty—aad say wife and her sister. My wife com-
pleinel to me that Brady had insulted her, and hal thrown her
cape over hoc head. the sand he had cellsd her a soliciting prosti-
tute. I said, "Why did you do Ulu'?" He said, " What is that to
you? give you asp iota on tho faae." I then told my wife to go
home. A young man was with us ; ha lives in our hone, and we
all went in together. Au we were leaving Hope-street, Crieetaby came
up. I hod not struck or done anything to Brady ; not dire occurred
till we were inside my hOuso. When Quaenby come up, I said I had
got erady's number, and should report him. When we went in,
Conrad shut the gate, nod was leaning upon it. Both defendants
came up to the gate. I was standing in the passage with my pocket-
book in my hand, writing the number of nredy. bat before I could
do so I was struck a blow on the head with a truncheon. I cannot
say which did it, but both rushed into the pessaze at the same time.
Conrad came in bleeding; he had been, stele% on the head and elbow
by Brady, and he ran no stairs. The defendants broke down the
gate. [it was produced.] Waren they rualiectln, I received several
blown on the head, but I could not see, for my eyes were filled with
the blood flowing from my head. Somehow I got up, and laid hold
of Brady's transheoi, when the defendant struck me six times on the
arm. I struggled with Brady from the passage to the kitchen, and
held on to the truncheon to save my life; but was at last com-
pelled to let it go, and Bra'y then gave me a bl sist en the top
of the head, and I fell down from the effect of it. Both of
them then went cut into the sheet. I remained inside some
minutes, and then went out to go to the stati n to complain. I got
as far as the corner, but finding I was covered with blood. I went
back to get it wised. The defendants were then in Old Montague-.
street, and I told them I should go to the stateon, when they lased h aid
of me, and said they should lock me up. Tbey del so, and charged
me with having assaelted thorn with a poker. I did not do anyth ng
of the kind. My doct r came and cut the hair from my head where I
was hurt. I was deteiael half an hour and was then bailed out. I
appeared at the police-court to answer the'r charge, but was so bad
that tie magistrate ordered me to be taken to the hospital. I was an
in patient till the 23rd July, but was under medical are some time
after, and now feel the effects of the blow. Sometimes it is so tied
,that I nearly faint. I was tried in this court for assaulting
them, but acquitted on the evidence of my witnesses. I then charged
them. Mrs. Rathgea gave evidence fully beerin: out that of her
husband. As to tee cause of the ateer she said: When I returned
rom taking th e girl horns I saw Brady at the bottom of Ely-place
Ho followed us to the top of !lope street, wisest lie became behind
me and threw my black cloth m tittle over my head. I said. " What
have you done that for ?" • He sae', ' You know what I did it for."
I sail, " I don't understen I you, sir " lie sail. " I know you, and if
you don't go on, I'll lock you up." I said, " I have lived in my
neuse o- er the way eight years, and you cannot Race me up fur I've
done nothing." Ile said, " you aro out soliciting p-ostitntion." I
thee said in a loud voice, as I got very excited at such, an insult,
" I'll take your number and report you," and at the moment my
husband and Conrad came up, and I told thorn what he had said.
My hus sand took me by the arm, and told me to go indoors, and
said he would report hen. Queenby cense up. and I told him of
Bra'y's conduct. He told me to be off home, and we
wort home. In three or four minutes they came up to the
doer. The rest of her evade ice was with reference to the assault—
precisely the same account as that given by the prosecutor.
Emma Roberts, Airs. liathgen's sister, who was with her
when Brady t tiew no her mant'e, and s rid she was solidi-
,ting prostitution, ontise'y corroborated his account of what
occurred, and Conrad Wen lenheim gave evidence as to the assault
upon the prosecutor and eimaelf. Mr. Adams, surgeon at the Lon-
don Hossital, stated that he attended t i tilt. Rathgen on his admis-
sion to that institution, and found that he'hal a severe laceration of
the scalp, which was cut in three or four places. He left on the 23rd
of July, but the wounds wer net thee healed, and he was an out-
patient. Thu cross-exaseination of the witness was founded upon
the evidence given b; the thread ruts on th 3 former Vial, to the'
effect that Brady, in the first inst nce, civilly a keit the parties who
had been drinking; and were making a mesa in the street at an
advanced hour of the moreieg,, to go home—that he was struck by
the prosecutor with a poker, and that Queenby went to render him
that assistance which he was bound to! give to a brother officer
under such circumstances, when he, also, was assaulted with the
poker; bat the facts given in evidence were not in any degree
varied, although there were,some m n it discrepancies as to certain
parts of the transaction. Mr. Metcalf addressed the jury at length on
behalf of Brady, who, he said, had served cre litably in the police
force, in the Sits Hus are, and the Land Tranport Corps in the
Crimea—having left the police to jolts that service, and was
again received into the force. Ha contended that it was
clear upon the evidence, that there were good grounds for
that constable interterine, to induce oisorderly persons to
go home, and that he used his staff only after he had been struck
with a poker, as he had solemnly sworn upon his oath—supported by
the testimony of the other defendant Mr. Ribtoe, on behalf of
Queenby, urged that whatever view the jury might take of the
case as against Brady, it was totally different with respect to his
clie it, who had nothing to do wi h the original cause of the quarrel,
and acted, as he considered, properly in aiding a taleteller °Meer,
whom he believed, and knew, indeed, to have bees assaulted, and was
assaulted himself. He dwelt with great force up -It the circumstance
of both defendants having sworn to their account of the occnrrenee,
and submitted that they were as much ntitled rco be believed as the
witnesses now trortght against them. Queenby was entitled to his
acquittal, if the jury thought be acted in the honest belief that he
w s renderieg proper ass stance to his fellers LIE er. Several
sereeants, and an inspector of the H divisio,a, gave earls defendant
I an excellent character, as an eficient and well-conducted officer.
Tee regimental sergeannm ;jar of the Land Transport Corps spoke
of Brady while in the (Aimee, as a quiet, wall-behaved mars. Mr.
Creasy summed up with great care eni minuteness. He said the
im ortance of the case could not be well exaggerated, and drawing
the dettetion between tic conduct of Brady and that of *Queenby,
as deposed to by the witnesses, told the jury that Queenby ought to
he acquitted if they real y believed Wit at the time he was acting
under the impression that he was aiding a brother co ,table who had
been ill-used. The jury retired, and, after some consideration, they
came into court with a verdict of gn lty against Brady, and not
guilty with respect to Qateaby, whom, nevertheless, they censured
for net reetrairens tee violence of his brother constah'e. Mr. Creasy
said he would consult the Assistant Judge as to what sentence &mild
bo pa sed upon Brady.