The Sun.
London, England, 1855-10-29 00:00:00

" And no banker, merchant, broker, factor, attorney,
or other agent, as aforesaid, will be liable to be convicted
by any evidence whatever as an offender against this act
in respect of any act done by him, if he shall, at any time
previous to his being indicted for such offence, have dis-
closed such act on oath, in consequence of any compulsory
process of any court of law or equity, in any action, suit,
or proceeding which shall have been bona fide instituted
by any party aggrieved, or if he shall have disclosed the
same in any examination or deposition before any Corn-
missioners of Bankruptcy."
Under the Bankrupty Act the Commissioners had
authority to examine bankrupts after they had made and
signed a declaration ; or there might be a deposition in
order to establish some matter in dispute which the
court wished to have cleared up. But was the "disclo-
sure" made by the defendants in the Court of Bankruptcy
made under circumstances of that kind ! In the first
place the "disclosure" was not a disclosure at all of the
particular act charged against them. There was no dis-
closure in any one of the documents put in that the par-
ties bad in 1854 appropriated to their own use and
transferred to Messrs. Foster and Braithwaite the 5,0001.
Danish Bonds which Dr. Griffith now complained of
being deprived of. The Danish Bonds assigned to
Messrs. Overend, Gurney, and Ca., and mentioned in
the " disclosure," were different from those mentioned
in the indictment, and agreed only with them in the
amount of value. But, could any one suppose that a
person, by voluntarily disclosing, of his own accord, a
misdemeanour committed by him, could escape the
penalty attached to that misdemeanour ? Was it to be
imagined that the Parliament would play fast and loose
with the criminal law in such a way, first inflicting the
penalty of 14 years' transportation on certain offenders,
and then allowing these offenders to acquit themselves
from all punishment ? Was that proceeding of the de-
fendants before the Court of Bankruptcy a bona fide exa-
mination, or any disposition to settle some disputed point
which the Court required to be satisfied on ? There was
a rule of law well known in reference to transactions of
this description ; and he would ask the jury whether it
was their opinion that this was a real and bona fide pro-
ceeding in bankruptcy, or whether it was not a got-up
proceeding and sham—a farce prepared to be played in
open court ? He should ask them that question, not that
their opinion would ultimately determine the point, but
lest, in the event of its being hereafter discussed, some
one should say that he ought to have left it to the jury.
It was on that account he wished for their opinion on the
point, though he and his learned brothers near him en-
tirely agreed in not entertaining any serious doubt at all
on the question. It was now for the jury to take the case
into their consideration, and if they believed that the
defendants Mr. Strahan and Mr. Bates were in compli-
city with Sir J. Paul in doing the act charged, and that
it could not have been done without their knowledge
and concurrence, they must find all the accused guilty ;
but, if they deemed the evidence too doubtful to enable
them to draw that conclusion, they would, of course,
give the accused the benefit of the doubt. If they
thought that there was any difference in the cases of the
defendants they would, of course, mark by their ♦erdict
the distinction. He desired nothing more than that
they should come to a just, sound, and candid conclu-
sion.
The jury deliberated together for a few minutes in
their box, and then retired to consider their verdict.
After an absence of about 20 minutes they returned
and pronounced a verdict of guilty against all the de-
fendants.
Mr. Baron Alderson inquired their opinion of the
" disclosure " before the Court of Bankruptcy !
The Foreman replied that the opinion of the jury was
that it was no disclosure within the meaning of the act.
Mr. Baron Alderson—You look on it, then, as a sham
affair
Tho Foreman stated that the jury did not consider it
a bona fide disclosure.
Mr. Baron Alderson intimated his entire concurrence
with the jury in this opinion.
A verdict of guilty was then taken on the first and
third counts, and of not guilty on the others.
Mr. Baron Alderson, after a short pause, proceeded to
pronounce the judgment of the Court upon the pri-
soners in the following terms :—William Strahan, Sir
John Dean Paul, and Robert Makin Bates, the jury
have now found you guilty of the offence charged upon
you in this indictment -- the offence of disposing
of securities which were intrusted by your customers
to you as bankers, for the purpose of being kept safe
for their use, and which you appropriated, under
circumstances of temptation, to your own. A greater
and more serious offence can hardly be imagined in a
great commercial city like this. It tends to shake con-
fidence in all persons in the position you occupied, and
it has shaken the public confidence in establishments
like that you for a long period honourably conducted.
I do very, very much regret that it falls to my lot to
pass any sentence on persons in your situation ; but yet
the public interests and public justice require it ; and it
is not for me to shrink frost the discharge of any duty,
however painful, which properly belongs to my office.
I should have been very glad if it had pleased God that
some one else now had to discharge that duty. I have
seen (continued the learned judge, with deep emotion) at
least one of you under very different circumstances, sitting
at my side in, high office, instead of being where you now
are, and I could scarcely then have fancied to myself
that it would ever come to me to pass sentence on you.
But so it is, and this is a proof, therefore, that we all
ought to pray not to be led into temptation. You have
been well educated, and held a high position in life, and
she punishment which must fall on you will consequently
be the more seriously and severely felt by you, and will
also greatly affect those connected with you, who will
most sensitively feel the disgrace of your position. All
that I have to say is that I cannot conceive any worse
Case of the sort arising under the Act of Parliament ap-
plicable to your offence. Therefore, as I cannot con-
ceive any worse case under the act, I can do nothing
else but impose the sentence therein provided for the
worst case—namely, the most severe punishment, which
is, that you be severally transported for 14i years.
The prisoners, who seemed astounded by their sen-
tence, leans against the dock as if they expected their
counsel to make some observations to the Court, but,
after a short interval, they slowly retired in custody.
The rev. prosecutor, Dr. Griffiths, was observed to shed
tears when the sentence was pronounced, but the judg-
ment appeared to give satisfaction to a crowded court.

THE BISHOP Or EXETER AND THE BAPTISMAL En-
ELENERATION VETO.—The Bishop of Exeter has again
refused co recognise the rights established by the judg-
ment of the Privy Council. The Rev. Cox was lately
presented to the perpetual curacy of Escot, Devon. But
he could not accede to the bishop's views of baptismal
regeneration. The bishop, therefore, refused him insti-
tution. Escot is the benefice to which the Rev. C. C.
Layard was presented a few months ago, and is thus a
second time within the year deprived of its legally pre-
sented pastor.
A Dice.Eram—The Cobb Repvtir has the following :
—"About 4 o'clock on Sunday evening, as the Sabrina
steam-ship, Captain Parker, had reached the harbour's
mouth on her way from Bristol, the captain was informed
that a vessel was lying deserted about 20 miles south of
th'e harbour. He immediately directed his course to
the place indicated, and found a very fine clipper-ship,
the Carrier Pigeon, of New York, completely deserted
by her captain and crew. The Sabrina, having taken
her in tow, brought her safely into Passage, where she
now lies. We understand that the captain and crew
subsequently arrived in an open boat, and were not a
little astonished at finding that the vessel which they
had deserted at sea had arrived before them. The cargo
on board is said to be worth about 15,0001."
_ _

[ADVERTISEMENT.)—Holloway's Pills a Certain Cure
for Liver and Stomach Complaints.—The daughter of
Mr. Thomas Todd, of HouLhton-le-Spring, was for a
long time afflicted with a disordered state of the liver,
bowel complaint, indigestion, and sickness after partak-
ing of any food, however simple. She had recourse to
a variety of remedies, but unfortunately without being
benefited. At last, like thousands of others, she com-
menced taking Holloway's pills, and by persevering with
this admirable remedy for four weeks she was perfectly
cured; and now enjoys the best of health. Spld by all
medicine vendors, and at Professor Holloway's establish-
ments, 244, Strand, London, and 80, Maiden-lane, New
York ; by A. Stampa, Constantinople ; A. Guidicy,
Smyrna ; and H. Hoods, Malta.
[ADVERTISESIENT.}-- OEO of the most valuab,e disooverieo
for the benefit of mankind is shown by the numerous extraor-
dinary cures without medicine of indigestion (dyspepsia), fla-
tulency, constipation, nervous, bilious, and liver complaints,
cough, asthma, consumption, and debility, effected by
Du Bazry's delicious health-restoring Revalenta Akbica
Food. The ' following aro not the least remark-
able :--Cure 48,615.—" Plymouth, May 9th, 1851. -
For the last ten years I have been suffering from
dyspepsia, headaches, nervousness, low spirits, sleeplessness,
and delusions, and swallowed an incredible amount of medi-
cine without relief. I am happy to say that your feed has
cured me, and I am now enjoying better health than I have
had for many years past.—J. S. NEWTON." CUI e No. 180.
" Twenty five years' nervousness, constipation, indigestion,
and debility, from which I have suffered great misery, and
which no medicine could remove or relieve, have been effec-
tually cured by Du Barry's Fc od in a very short time.—W. R.
REEVES, Pool Anthony, Tiverton." No. 4,208. —" Eight
years' dyspepsia, nervousness, debility, with cramps, spasms,
and nausea, have been effectually removed by Du Barry's
health-restoring food. I shall be happy to answer any inquiries.
—Rey. Jolts W. FLAVELL, Riddliugton, Rectory, Norfolk.*
In canisters, 11b. 2s. 9d.; 21b. 4s. 6d.; 51b. lls. ; 121 b. 22e.
The 121 b., carriage free, on receipt of Post-office order. Barry
, Conduit.
Du Barry & Co., 77, Regent-street, London ; also at 182,
Piccadilly, 60, Gracecourch-street ; 330, and 451, Strand;
4, Cheapsido ; 60 and 68, Cornhill ; 49, Bishopsgate-street;
55, Charing-cross; 54, Upper Baker-street; 63 and 150,
Oxford-street ; 89, High-street, Camden-town ; 18, Pall-
mall; 7, Pall-mall-East ; 132, New Bond-street ; 24, Mot.
comb-street ; 13, King William-street, City;
street; 21, pockspur-street ; 95, Farringdon-street; 67, St.
Par! OlturchTard; 6, Edward-street,