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

cheques from them in consequence—one for 4,7931. 155., no evidence against Strahan that he was privy to the &Ala
the other for 7,4871. 10s. lam unable to say for what of them. The learned gentleman then entered at sonae
particular stock the cheques were given. At the request length into the conversation between Strahan. and Dr.
of Sir John Paul, who v.anted notes, I kept the two Griffiths, and Mr. Bell, contending that the evteence
cheves, and gave him a cheque on my banker for the showed that the only knowledge Strahan had was of the
two sums put together, 12,2811. ss. One of the two disposal in April of the repurchased Danish stock to
cheques was dated 14th March, and the cheque ft r the Overend and nd not to the sale of the stock ly: Sir
whole amount the 16th March. I John D. Paul in C0.,'1854. He relied with great confidence
Mr. John Robert Gibson,. examined by Mr. Bodkin i on the section of the act in the 7 and 8 George IV., rela-
-I am a member of the Stock Exchange, formerly ' tive to the diolosures of bankrupts before c mmissioners
clerk to Messrs. Foster and Braithwaite. On 15th in • bankruptcy, rendering his client not criminally
March, 1854, to the best of my belief, I saw Mr. I liable for the act complained of, and which provided a
Beattie at his office. He gave me some Danish 5 per remedy for the person aggrieved, inasmuch as it allowed
Cent. Bonds to the amount of 5,000 Danish 5 per cent, him to come in and prove with the other creditors. The
and 10,000 Danish 3 per cent. The latter were 1,000, disclosure made by Strahan at the Bankruptcy Court
No. 87; 7 of 400, No. 378, 573, 426, and 457 to 460 in- ' was most full and ample, so far as he was concerned, and
inclusive. Of the former the number corresponded the act in question made no difference with re-
with those already given. The bonds were sold through i gard to whether it was a voluntary or compulsory dis-
Messrs. Foster and Braithwaite. The check" for I closure. He asked them to closely consider what the
4,7931. 15s. was drawn for the Danish 5 per Cent. charge really was against the prisoners, and to narrowly
Bonds. The other check was for the 3 per Cent. Danish watch the evidence by which it was sought to connect
Bonds. I cannot say to whom the bonds were sold. Strahan with it, and then he should have no fear for the
Mr. Joseph Howell, examined by Mr. Poland—l was result
clerk to Messrs. Foster and Co. in March, 1854. On Mr. Sergeant Byles, in a speech of short duration,
the 15th and 16th March I delivered the bonds in ques- after adverting to the part the press had taken in pre-
tion to Messrs. Rothschild and Messrs. Cohen. I find judging the public mind against his client on account of
them entered in the " jobbers stock book." his charities and religious principles, addressed himself
Mr. Wm. L. Snudden, examined by Mr. Bodkin—l almost entirely to the learned Judges upon the law of
am a clerk in the banking-house of Messrs. Smith, the case under the act enabling him to make disclosures
Payne, and Smith. I produce Danish 5 per Cent. Bonds as to the state of his affairs before the Commissioners
—four of 1001., numbers 659, 660, 661, and 662, which in Bankruptcy, and the question was, was that disci°.
they hold for Mr. Joseph Sykes, a customer of theirs. sure such a complete one as to absolve the prisoner from
They were deposited with them on the 16th March, the consequences of his previous act. The learned coun-
-1854. I have received the dividend on them from that sel then adverted to the character of those disclosures,
time, and carried it to Mr. Sykes' account. which he said were of the fullest character.
Mr. Isaac Braithwaite examined by the ,Attorney- Mr. Edwin James, upon the behalt of Bates, denied
General-1 am a partner in the house of Foster and that he had any knowledge of the act of his other partner.
Braithwaite. The checks produced referred to by Mr. What he wished to show was, that even if he had
Beattie are in my handwriting ; although the checks are ever gone to Dr. Griffiths' box he would have seen those
dated on the 14th March, by a reference to the counter- bonds, and that would account for the conversation
foils of my check-book that must be an error. The 15th which' took place with reference to this transaction.
is the right date. Dr. Griffiths was regularly paid his dividends up to the
Mr. Alfred Tindale examined by Mr. Poland—l am moment of the disclosures made by Sir John Dean
clerk to Mr. Joseph Symonds, and received on the 4th Paul and Mr. Strahan. There was no evidence to show
September, 1854, the interest on two Danish Five per that be had any knowledge that the securities were
Cent. Bonds, Nos. 458 and 793. The Coupons were re- not safe in the custody of the firm.
ceived from a person at Copenhagen. Interest was re- At the conclusion of the speech of the learned
ceived for the same bonds on 3d March, 1855. gentleman,
Mr. M'Kenzie, clerk to Messrs. Overend, Gurney, Mr. Baron Alderson said, let the case now stand un-
and Co.—On let September, 1854, received the divi- til ten o'clock to-morrow morning.
dend on Coupon No. 87 ;he also received dividends in The case was then adjourned.
April, 1855, on Coupons Nos. 426 and 457. Messrs. Bates was admitted to bail, but the other two were
Overend and Gurney received the Coupons from their not bailed, and will remain in Newgate all night.
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 sine 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. Griffith's 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.l
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 th©
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 c,unsel
(Mr. Hawkins) did not press it, but reserved to himself
the right of again calling Mr. Bell for the defence.
Mr. Lowden, clerk to Messrs. Fearon and Co., had
searched for their securities. He called at the Banking-
house on 24th June, and there saw Bates, to the best of
my recollecion. 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 5,000 Danish Bonds. He
said he could not say anything about them in particular,
but that if there were any they were in the hands of the
official assisnee.
By Mr. James—l believe the person I saw at the
hank was Mr. Bates. lam not positive, because I did
not take special notice of the person. It might have
been Mr. Bates's son.
Mr. Hill recalled and examined by Mr. Serjeant
Byles—On Ist June, 1354, I purchased 5,000 Danish 5
per Cent. Bonds for the prisoners. There were seven
1.001. bowls, 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 au-
Iress the jury on his behalf ? The indictment against
him was in respect of certain bonds which were num-
bered and sold by Messrs. Foster and Braithwaite in
Marcb, 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
if that charge, except the conversation stated by Dr.
Griffiths, which referred, not to this transaction, but to
i, transaction which he said had occurred six weeks be-
fore the time of that conversation. That statement did
mat apply to the bonds in question, which were bonds
sold in March, 1854. With the exception of the state-
went made by Mr. Bell, the official assignee, that on the
16th June Strahan said the securities of Dr. Griffiths
sere 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 jdry, but he should riot 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
rther Danish bonds than those belonging to Dr. GI-if-
iths, 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-
',eat 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. Griffiths' pass-book.
Mr. James asked if that opinion would apply also to
Bates.
Mr. Baron Alderson Yes, but rather stronger
against him.
The Attorney-General—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
leeper than he had ever experienced, and it was not the
ess in consequence of observations which bad 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
prysecutions 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•
ratter for the highest honour and integrity. He (Sir F.
Thesiger) could not forget the position in which his
1 client, Mr. Strahan, was placed. Possessed of wealth
snd station, and respected by numerous friends,
and surrounded by an affectionatefamily.'When he (Sir F.
rhesiger) contrasted that former position of his with his
ippearance 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 against them 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 bad 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 judgment 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
behalf human mind, to do so, and every effort made to dis-
missA ter itob only tended to fix it more firmly there.
his
situated, andof thatthathey
thewexoupledcteddettehranatijnuesttihcee from them
one
ient
or guilt of Mr.
sing ervsclStrahanhbeyy thew o would d
eenxe pee ctth
that
tf
ha similarly
be
en
that day producedm,. he felt certain that whatever
hasty impressions
an impartial review ee
prisoner,ight
theyhave been formed by them
against the
msotmrattntodeny that, in the month
would. be removed by
was not there for one the circumstances. He
bank, agree to the applying of
of April, 1855, Mr,
mo-
ment of pressure on the
considering thislmcpars
custo!ners of the bank,
did unhappily, in a
certain securities, deposited by
necessitiesjustify
of the bank
seethat of misappropriating
for the purpose of relieving the
act
improper
hoee.,
at that pressing moment, nor to
but to warn you from letting that havye ane
the property of . onthof March, 1854
chargellue nce
aognainysotuiihriisnamcuinnsodtowminewrasc i n
the
in
and he prayed their particular attention to the evidence'
to see it '.here was any evidence whatever that convicted
Mr. Strahan vs ith 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

LONDON GAZETTE.—(This Evening.)

WINDSOR CASTLE, OCT. 19.

This day had audience of her Majesty ; Monsieur Mu-
surus' Envoy Extraordinary and Minister Plenipotentiary
from the Sultan, to deliver a letter from his Sovereign ;
and the Count de Lavradio, to deliver his new credentials
as Envoy Extraordinary and Minister Plenipotentiary
from his Majesty Don Pedro V., King of Portugal and the
Algarves, and also to deliver other letters from his Sove-
reign : to which- audiences they wore respectively intro-
duced by the Earl of Clarendon, K.G., her Majesty's Se-
eretary of State for Foreign Affairs.
WAR-DEPARTMENT, OCT. 25.
The Queen has been graciously pleased to give orders
for the appointment of General La Marmara, Command-
inc,-in-Chief his Sardinian Majesty's Forces in the Crimea,
to be an Honorary Member of the Military Division of the
First Class, or Knights Grand Cross, of the Most Honour-
able Order of the Bath.

DOWNING-STREET, OCT. 23.
The Queen has been pleased to appoint Hugh Peter Mur-
ray Aynsley and John Spiers, Esquires, to be Members of
the Legislative Council of Trinidad ; Lieutenant-Colonel
Henry Hope Graham to be a Member of the Executive
Council of Hong Kong ; and W. H. Prinder, Esq., to be
Police Magistrate for the district of Abaco, in the Ba-
hamas. _

WHITEHALL, OCT. 25.
The Queen has been pleased to direct letters patent to
be passed under the Great Seal, nominating and appoint-
ing the Right. Hon. Lord Monteagle, of Brandon, the
Right Hon. Lord Overstone, and John Gellibrand Hub-
bard, Esq., to be her 'Majesty's Commissioners for con-
sidering how far it may be practicable and advisable to in-
troduce the principal of decimal division into the coinage
of the United Kingdom.