The Sun.
London, England, 1855-10-27 00:00:00

LONDON, SATURDAY. OCTOBER 27, 1865.

The member s .of the great Banking
.Firm of
STRAHAN, PAUL, • and BATES have taken their
trials. An adverse verdict has been returned,
and WILLIAM STE.AHAN, Sir JOHN DEAN PAUL,
Baronet, and 110,EW .MEAKIN BATES have been
severally and respectively sentenced to transpor-

tation for fourteen years.. This is, indeed, a fear-
ful sentence to men who had previously enjoyed
ry)t merely all the comforts, but even the greatest
luxuries of life-7who could have had no reasonable
desire ungratified, and who had never known any-
thing in the 'shape of privation. But can
any person say that it has not been amply
merited, that the guilt of men of their
class, and moving.in the positions which they
occupied, is not as far beyond that of ordinary
crinainalts as the severity of their punishment will
no beyond th it of a similar sentence on those who
have earned a precarious livelihood from the
plunder which they could obtain, and who have
been compelled to. submit to the hardships inci-
dental to such a- terrible destiny ?
There could have been no possible doubt
respecting the facts of the case, which
literally " lay iu a nutshell." There might
It„tve been : gradations in the degree of
gWlt one might have been, par excelletice,
the villain of the piece—the tempter and seducer
of his companions and partners ; but it would be
impossible to doubt that there was a guilty com-
plicity on the part of the others, which rendered
them guilty as accessories either before or after
the fact, and consequently liable to the severe
penalties which the law had wisely affixed to so
serious an offence. The great question will, how-
ever, depend on the point, whether they have
evaded the punishment due to their guilt by
the artful confession which they put forward—
whether, in fact, the offence under section 49 of
the ith and.Bth GEORGE W., cap. 29, is purged
by the disclosure sanctioned under section 52.
That must be decided by the Court of Criminal
Appeal, and 9n. its judgment will depend the
heavy exOatidri by the criminals, or whether the
majesty of the law be brought into contempt and

direpute.
The wards Of the. saving clause in the statute
are vcry clear and unequivocal. After detailing
what sell constitute the offence, it declares what
shall afford anexerription from the punishment.
It
says :—" AndlO banker, merchant, broker, factor,
attorney,-or oilier agent as. aforesaid, shall be liable
to be convicto4,ly.any evidence whatever as an
offender agai-ssi this act, in respect of Any act
done by
46.5ha11, at any time previously
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,' shit, or proceeding, which shall
have been, bona fide instituted by any party ag-
gkieved, or it he shall have disclosed the same in
any examination or deposition before any com-
missioners of bankrupt."
Now the first question is, whether the parties
were compelled to make the statement, or whether
a mere voluntary declaration could relieve them
from thepenal consequences of their serious offence.
But as Sir ViEDERICK THESIGER truly stated, a
bankrupt is bound to make the most complete and
his estate and effects,
ample revelation's touching
and the 'statute itself clearly and explicitly x:ceog
vises that distinction,. for while it speaks
of a " Co;ntlitisory" pi-6ces3 in any court of law or
equity, in any action, suit, or proceeding, it merely
speaks of a " disclosure before any commissioners
of bankruptcy."
There , is, however, a second and far more
serious • point. against the prisoners. A " dis-
closure", implies a true statement. It would
clearlybesufficient to render a fictitious
accoune,of 'matters. The object of the Act
was to. benefit banct fide creditors—not to save
fraudulent bankrupts ; and for the sake of the
former, Pr°teEi°ll*ii 'given to the latter to pre-
vent them from avoiding answering
very import-
litrestions, on the ground that
they mi ght
thereby criminate themselves. Truth and aceusr'aci
wsuld tiler:-.4vre Le indivenoble elements in the