The Sun.
London, England, 1855-10-26 00:00:00

tr• • • I„,„rf:b.: ou

SUN OFFICE, Seven, o' Clock,.

tiT RACES.—(This Day.)

FIRST-CLASS NURSERY STAKES.

Shelah
Manganese
Queen's Head
13 ran. Won by a head.
SECOND-CLASS NURSERY STAKES.

Secret
Byrsa . ,
Pembdw
13 ran. Won by two lengths.
HANDICAP SWEEPSTAKES.

Gamekeeper
Ladybird •

Nine ran.
SWEEPSTAKES OF 10 SOVS.

Persia
Eloquence

Four ran.
SWEEPSTAKES OF 10 SOPS.

ntormus
Unexpected

Twelve ran.
SWEEPSTAKES OF 10 SOVS.

Wel ham

Para

Four ran.

SWEEPSTAKES OF 10 SOVS.

Affghan
Flageolet
SWEEPSTAKES OF 10 SOVS
Plumpton Maid
Bailiff

NAVAL INTrJ.TJGENCE.—(This Day.

The following appointments have been made at the
Admiralty this day :

LIEUTENANTF.
William Vicary to the Penelope.
John Forster to the Victory (for disposal).

CRIMINAL COURT.—(This Day.)

OLD COURT.

Before Mr. Justice Willis, Mr. Baron Alderson, and

Mr. Baron Martin.)
THE TRIAL OF SIR. JOHN DEAN PAUL,
STRAHAN, AND BATES.
This morning being the one appointed for the trial of
these prisoners who stand charged with a series of offences
arising out of the failure of the bank carried on under
their names the court was densely crowded, and the
greatest interest seemed to be manifested as to the result
of the proceedings.
At a few minutes after 10, the learned judges having
taken their seats, the prisoners were calied upon to sur
render.

Sir John Dean Paul was the first to enter the dock,
followed by Strahan and Bates, and took his position in
the centre, with Strahan upon his right and the other
prisOner upon his left.
410 usual upon these occasions there was a very large
attigitlance of the members of the bar, the proceedings
priotniSing to prove of the greatest interest to them, in
consequence of the array of legal talent engaged in the
case, and the prevailing opinion that the result would
turn upon a point of law.
The Attorciey-General, Mr. Bodkin, and Mr. Poland
were for the prosecution ; Sir F. Thesiger and Mr.
Ballantine appeared for the prisoner Strahan ; Mr. Si r-
geant Byles and Mr. Hawkins for Sir John Dean Paul ;
and Mr. James and Mr. Parry for Bates.

Mr. Straight having called upon the defendants, Sir John
Dean Paul, Robert Baker Bates, and William Straban,
to plead to an indictment charging them with misde-
meanour,

Sir F. Thesiger rose and said that he had an applica-
tion to make upon the part of his client, which also
would apply to the other defendants, and that was that
they might be allowed to plead a double plea, under the
provisions of 7 & S Geo. IV., cap. 29, sec. 49 and 52,
which provided that no banker, broker, factor, or other
agent shall be liable to any conviction by any evidence
whatever its consequence of any compulsory process of
any court of law or equity, if he shall have disclosed the
same in any examination or deposition before any com-
missioner of bankruptcy. •

After a brief discussion, the judges decided against
the appeal, and the prisoners pleaded not guilty.
The Clerk of the Arraigns was then about to give the
prisoners in charge to the jury, when

The Attorney• General said he had an application to
make that the trial might be allowed to stand over for
a short time in consequence of the absence of a material
witness, who was coming up from Tunbridge Wells, and
had not arrived, and he (the Attorney-General) held a
letter which stated that the witness had been compelled
to take medicine under advice.

Mr. Baron Alderson said they would wait a reason-
able time, and inquired if a messenger bad been sent to
the station

The Attorney-General said there had.
The Court then waited until just 11 o'clock, when, the
witness not having arrived, Mr. Baron Alderson said
the Court could not wait any longer, and then a discus-
sion arose about adjourning the case, and Mr. Baron
Alderson directed that the witness should be called upon
his recognisances and they estreated.
Alexander Beattie, the witness. was then called in the
usual way, and not answering, another discussion arose
as to when the trial was to be taken, and considerable
excitement prevailed, and just as it was at its height
Mr. Beattie arrived.

Mr. Baron Alderson said that he should direct the
recnnisances to remain estreated.

The indictment against the prisoners was then read,
and it Charged the three prisoners with having received
from,John Griffiths in 1851, and at subsequent times,
certain bonds amounting in value to 5,0001., and that
they did without due authority make away with and
negotiate' them.

They were also indicted for conspiracy to defraud.

The Attorney-General then rose and said that he was I
called upon to perform now a most painful duty, in con-
sequence of the position of the prisoners whom they had
to try. The defendants carried on the business of bank-
ers, and their transactions were of a very extensive cha-
racter, and from the position which they held the very
highest confidence was placed in them bytheir customer,.
Amongst them was the prosecutor in the present case,
Dr. Griffiths, when the firm was known as that of Snow
and Paul, and bad continued a customer through the
changes which brought the other defendants into
the firm, and had continued so down to the time of the
transaction giving rise to these proceedings. Dr.
'Griffiths hdd empowered the
'Gdefendants to purchase
some foreign securities (Danish Bonds), bearing 5 pte
cent. interest, and to these securities he should confine
his attention. In 1850 Dr. Griffiths gave to the defendants
2,0001. to so invest, and in the following year 1,0001.
more to invest in these securities, and subsequently
other sums, making altogether 5,000/. The defendants _
bought these securities for the prosecutor, who imagined
that they were safe in the bands of the defendants.
The learned counsel then went on to detail the
particulars of the purchase of the stock. The de-
fendants subsequently became embarrassed, and it was
then that they had recourse to the dangerous
and guilty practice of selling and raising money upon
their customers,' securities. Sir John Dean Paul then
applied to a Mr. Beattie, who is secretary to an insur-
ance company, to negotiate a loan from his office upon
garde of those securities, but Mr. Beattie told him that
the company did not lend money upon such
property, and then Sir John Paul employed
him to negotiate the sale of the stock which
belonged to the defendant, and the stock was sold
through a broker, and the amount realised'passed to the
account of Sir John Deal Paul, and, so far as he was
concerned, his fault was very clear ; but now for the
part taken by the other defendants in the transaction.
When the defendants became bankrupt, Dr. Griffiths,who
had property in their hands to the amount of 10,0001.,
waited upon the official assignee, and subsequently saw
the other defendants, from whom he requested to see the
..b°4B containing the necessary accounts of his property,
and he then learnt that there was not any relating to
them. Strahan subsequently saw Dr. Griffiths, and
then admitted that his securities were sold, and begged
that he would not take any criminal proceedings
against them ; bnt Dr. Griffiths said that he could
not listen to any such public
proposition, having a
d.uty to perform. They bad heard that the pri-
soners would meet the present charge by a defence that
:they had made certain disclosures before the Court of
J3ankruptcy, which would absolve them from the
consequences of this prosecution ; but he (the
Attorney-General) was in a position to show
that such statements did
.not allude to the stock
forming the subject of the present indictments, for that
bad been sold and other securities bought to replace
hero. These securities had also been 4ubiequently sold,