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

CRIMINAL COURT—Oct. 26.

OLD COURT.

(Before Mr. Justice Willis, Mr. Baron Alderson, and
Mr. Baron Martin.)

THE TRIAL OF SIR JOHN DEAN PAUL,
STRAHAN, AND BATES.

(Continued from our first edition of yesterday.)
Mr. Alfred Tindale examined by Mr. Poland—l am
clerk to Mr. Joseph Symonds, and received on the 4th
September, 1854, the interest on two Danish Five per
Cent. Bonds, Nos. 458 and 793. The Coupons were re-
ceived from a person at Copenhagen. Interest was re-
ceived for the same bonds on 3d March, 1855.
Mr. M‘Kenzie, clerk to Messrs. Overend, Gurney,
and Co.—On Ist September, 1854, received the divi-
dend on Coupon No. 87 ; he also received dividends in
April, 1855, on Coupons Nos. 426 and 457. Messrs.
Overend and Gurney received the Coupons from their
correspondents at Copenhagen.
Mr. Thomas Clarke examined by Mr. Poland—l am
clerk to Messrs. Westernholts, 26, Mark-lane. He re-
ceived the dividends on Coupons Nos. 378, 459, 460,
and 573, for a correspondent in Hamburgh, in March,
1855.

Mr. Hamburgh examined by Mr. Bodkin—l am one
of the firm alluded to. The Danish 5 per cent. loan was
negotiated by me. The bonds produced were issued by
me. The Coupons bear the same letter and number as
the bond. Of the same loan bonds of one number only
were issued.

By Mr. Baron Alderson—l think it would be impos-
sible for a bond of 1001., and one of 2001., of the same
loan, to bear the same number.
By Sir F. Thesiger—The time when the dividend
becomes due is marked on each coupon.
. .

Mr. W. Bell, official assignee to the bankrupts, ex-
amined by the Attorney-General—l recollect an appli-
cation from Dr. Griffiths' solicitor on 16th June, after
the bankruptcy of the prisoners. In consequence of that
I saw Mr. Strahan, and also Mr. Bates. I asked Strahan
what had become of Dr. Griffiths' securities. He said
they were sold or pawned, and would not be forth-
coming. I had asked in the course of that week, in the
presence of Mr. Strahan and Mr. Bates, if there was no
security book kept. They looked at each other, but said
nothing. No such book had been found.
Cress-examined by Sir F. Thesiger—l am not speak-
ing with great certainty with regard to the conversation
with Mr. Strahan. My note to the solicitor for the
prosecution, written at the time, will show what it was.
By the Attorney-General—No Danish 5 per Cent.
Bonds came into my possession.
By Mr. Hawkins—l identify the proceedings of the
Court of Bankruptcy in the case of Strahan, Paul, and
Co., now produced.
The Attorney-General objected to any cross-examina-
tion of the witness on that point, and the learned counsel
(.%Ir. Hawkins) did not press it, but reserved to himself
the right of again calling Mr, Bell for the defence.
Mr. Lowden, clerk to Messrs. Fearen and Co., had
searched for their securities. He called at the Banking-
house on 24th June, and there saw Bates, to the best of
toy recollection. There were two gentlemen sitting with
him at a table in an inner room of the Banking-house.
I produced a list of Dr. Griffiths' securities in his hand
writing, and told him Dr. Griffiths was anxious about
him. I read the list containing 5,010 Danish Bonds. He
said he could not say anything about them in particular,
hut that if there were any they were in the hands of the
fficial assignee.
By Mr. James—l believe the person I saw at the
bank was Mr. Bates. lam not positive, because I did
not take special notice of the person. It might ha►e
been Mr. Bates's son.

Mr. Hill recalled and examined by Mr. Serjeant
Byles—On Ist June, 1854, I purchased 5,000 Danish 5
per Cent. Bonds for the prisoners. There were seven
1001. bonds, Nos. 2,006, 5,289, 5,290, 2,556, 1,166,
1,607, 735 ; 1 bond for 5001., No. 355 ; 1 bond for 3001.,
No. 935 ; another for 5001., No. 378 ; there were 30
1001. bonds besides No. 5,373, 5,370 ; 66 run from
985 to 1,000, both inclusive ; then ten bonds running
from 1,084• to 1,093 ; one bond 1,164, and another
1,165 ; they were paid for by them and delivered.
This was the case for the prosecution.
Sir F. Thesiger asked their lordships whether there
was sufficient evidence against Strahan for him to ad-
dress the jury on his behalf' The indictment against
him was in respect of certain bonds which were sum.
bered and sold by Messrs. Foster and Braithwaite in
March, 1844, but there was not the slightest proof that
Strahan had anything whatever to do with that transac-
tion, nor was there any evidence against Strahan in respect
of that charge, except the conversation stated by Dr.
Griffiths, which referred, not to this transaction, but to
a transaction which he said had occurred six weeks be-
fore the time of that conversation. That statement did
not apply to the bonds in question, which were bonds
sold in March, 1854. With the exception of the state-
ment made by Mr. Bell, the official assignee, that on the
16th June Strahan said the securities of Dr. Griffiths
were either pawned or sold, there was nothing whatever
to affect Strahan with the slightest knowledge of that
transaction which took place through Sir John Paul and
the money paid over to him.

Mr. Baron Alderson said he thought there was evi-
dence against Strahan for the second counsel to address
the jury, but he should not pronounce an opinion of its
value. After the bonds had been disposed of Strahan
said they had got them still. '
Sir F. Thesiger—There were Danish bonds re-pur-
chased by the prisoners in June, 1854, and no conversa-
tions took place until this year. The prisoners had no
other Danish bonds than those belonging to Dr. Grif-
fiths, and he received the dividends on these bonds till
1854, when they were sold by Messrs. Foster and
Braithwaite, who re-purchased Danish bonds to the ex-
tent of 5,0001., on which Dr. Griffiths had received the
dividends since their purchase.
Mr. Baron Alderson said he considered that was a
question for the jury. These re-purchased bonds did not
appear in Dr. Griffith? pass-book.
Mr. James asked if that opinion would apply also to
Bates.

Mr. Baron Alderson Yes, but rather stronger
against him.

The AttorneyGeneral—Why were coupons purchased
if Dr. Griffiths' securities had not been sold ?

Sir F. Thesiger then addressed the jury for the pri-
soner Strahan, under, he said, feelings of pain and anxiety
deeper than he had ever experienced, and it was not the
less in consequence of observations which had been made
by their lordships in reply to the application he had felt
it a duty to make to them on behalf of Strahan. The
Attorney-General, with that feeling of forbearance in
pr3secutions that invariably characterised him, had in-
formed them that the gentlemen at the bar had for many
years maintained a high position in society, and a cha•
racter for the highest honour and integrity. He (Sir F.
Thesiger) could not forget the position in which his
client, Mr. Strahan, was placed. Possessed of wealth
and station, and respected by numerous friends,
and surrounded by an affectionate family. When he (Sir F.
Thesiger) contrasted that former position of his with his
appearance before them that day, he confessed he felt
himself almost disabled for the task he was called on to
perform. That alone did not create embarrassment in
his mind, because in addressing himself to the defence
of that gentleman he could not be insensible to the fact
that for weeks and weeks there had appeared in the
newspapers articles in which the conduct of these gen-
tlemen had been strongly argued, and every prejudice
excited againststhern in the public mind. It was the
boast of England that any person accused of an offence
was to be recorded as innocent until the fatal verdict of
guilty had been pronounced against him ; and yet these
gentlemen had now for many months been brought to the
bar of public opinion, and they appeared before them con-
demned by that voice, and they were to be supposed capa-
ble of forming an impartial j udgment on the case which has
been brought before them. Juries were generally warned
to dismiss entirely from their minds all they had heard
before they entered the jury-box ; but it was utterly
impossible, when once an idea had gained possession of
the human mind, to do go, and every effort made to dis-
miss it only tended to fix it more firmly there.
After observing that he expected that justice from them
on behalf of his client they would expect if similarly
. situated, and that they would determine the innocence
or guilt of Mr. Strahan by the evidence that had been
that day produced,whatever
hasty he felt certain that
hasty impressions might have been formed by them
they against the prisoner, would be removed bthe circumstances. Hy
an impartial review of
Iva? not there for ono moment to deny that, in the month
of April, 1855, Mr. Strahan
did unhappily, in a mo-
ment of pressure on the bank, agree to the applying of
certain securities, deposited by theustomers of the batik,
for the purpose of relieving the necessities of the hank
at that pressing moment, nor to justify the act so done,
but to warn you from letting that have an improper
in-
fluence on your mind in considering this case. The
•- charge against him now was that o misappropriating
the property of his customers in the month of March, 1854,
and he prayed their particular attention to the evidence
to see if there was any evidence whatever that convicted
Mr. Strahan with that particular act. The first ques-
tion they would have to decide was whether there was
that proof which the law required that Strahan
was privy to the act of the selling of the securities
in question by Messrs. Foster and Braithwaite in
March, 1854. They would recollect that the sale
was managed by Sir John Paul, who received the
money for them, and he entered the receipt of the money
in the bank books after he received it, but that would be
no evidence against Strahan that he was privy to the sale
of them. The learned gentleman then entered at some
length into the conversation between Strahan and Dr.
Griffiths, and Mr. Bell, contending that the evidence
showed that the only knowledge Strahan had was of the
disposal in April of the repurchased Danish stock to
Jrerend!'and Co., and not to the sale of the stock by Sir
John D. Paul in 1854. He relied with great confidence
on the section of the act in the 7 and 8 George IV., rela-
tive to the disolosures of bankrupts before commissidners
in bankruptcy, rendering his client not criminally
complained of, and whichprovided liable for the act
person aggrieved, inasmuch as it allowed
remedy for the
him to come in and prove with the other creditors. The
disclosure made by Strahan at the Bankruptcy Court
Was most full and ample, so far as he was concerned, and
the act in question made no difference with re-
gard to whether it wag a voluntary or compulsory die-
closure. He asked them to closely consider what the
t charge really o narrowly
was against the prisoners, and
watch the evidence by which it was sought to connect
Strahan with it, and then he shoald have no fear for the
esilt

Mr. Sergeant Byles, in a speech of short duration,
after adverting to the part the press bad taken in
(f
)_
pre-
judging the public mind against his client on account
his charities and religious principles, addressed himself
almost entirely to the learned Judges upon the law of
the case under, the act enabling him to make disclosures
as to the state of his affairs before the Commissioners
in Bankruptcy, and the question was, was that diBclo-
sure.such a complete one as to absolve the prisoner from j
the consequences of his previous act. The learned coup-

eel then adverted to the character of those disclosures,
which he said were of the fullest character.

Mr. Edwin James, upon the behalf of Bates, denied
that he had any knowledge of the act of his other partner.
What he wished to show was, that even if he bad
ever gone to Dr. Griffiths' box he would have seen those
bonds, and that would account for the conversation
which took place with reference to this transaction.
Dr. Griffiths was regularly paid his dividends up to the
moment of the disclosures made by Sir John Dean
Paul and Mr. Strahan. There was no evidence to show
that he had any knowledge that the securities were
not safe in the custody of the firm.
At the conclusion of the speech of the learned
gentleman,
Mr. Baron Alderson said, let the case now stand un-
til ten o'clock to-morrow morning.
The case was then adjourned.
Bates was admitted to bail, but the other two were
not bailed, and will remain in Newgate all night.

POLICE INTELLIGENCE—Oct. 26.

SOUTHWARK.

EXTENSIVE ROBBERY o➢' WOOD.— William Basset, a
labourer, was finally examined before Mr. Combe,
charged with stealing three thousand nine hundred and
seventy-nine bundles of wood, the property of Thomas
Humpheries, of Bridge-wharf, Deptford, and Dockhead.
The prosecutor said that the prisoner was in the habit
of coming to his premises at Dockhead for wood for a
customer named Lonsdale. On Wednesday evening, the
17th inst., about eight o'clock, the prisoner came as
usual with his van, and after it was loaded witness asked
him how many bundles he had on his van. He replied
that he had 3,200 or 3,300. He had his suspicions about
his conduct at the time, and he gave his directions to his
foreman about him. The next morning the prisoner took
his van away, when witness followed him to Thornton-
street, Dockhead, and gave him into custody for stealing
the wood, which amounted to 3,979 bundles, and were
worth about 71.

William !fops, the prosecutor's foreman, said he re-
ceived information from his master on Wednesday even-
ing, the 17th, and on the following morning he saw the
prisoner in the yard with a van laden with wood. He
asked him how many bundles he had, when he said
about 3,200. Witness told him not to leave the yard until
he had gone to the wharf and received directions about
the van leaving, and that he should want him to sign
for them. He accordingly went to the wharf, and on
his return to the yard he missed the prisoner and the
van of wood. The prisoner had received instructions
not to take any wood away without signing for it.
William Fuller, 244 M, said he received charge of the
prisoner, when he said that his orders were to load 3,500,
and if there were more he knew nothing about it. He
took him to the station-house, and afterwards counted
them in the prosecutor's yard, when there were 3,979
bundles.

The prisoner pleaded guilty, and was committed to
Wandsworth House of Correction for three months,
with hard labour.

Sporting Intelligence.

BETTING AT MANCHESTER.—FEIDAT.
CHESTIR cur, 1856.
1060 to 10 offered on the field.

DEBBY.
9to 1 agst Wentworth (taken)
10 to 1 agst Yellow Jack (offered)
10 to 1 aget Fly by Night (taken)
13 to 1 agst Ellington (taken)
20 to 1 agst Artillery (taken)
20 to 1 agst Coroner (taken)
25 to 1 aget Porto Rico (taken)
33 to 1 aget Sugar Plum (taken)
33 to 1 agst Peter Wilkins (offered)
40 to 1 agst West Langton (taken) ,
60 to 1 agst Bucolic (taken)
60 to 1 agst Aleppo (taken)

„
1000 to 10 agst The Prince (taken)
No betting on the Worcester and Liverpool events
most of the betting was on the Nursery Stakes run for a.
Newmarket this day.