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

LONDON, SATURDAY, OCTOBER 27, 1855.

The members of the great Banking Firm of
STRAHAN, PAUL, and BATES have taken their

trials. An adverse verdict has been returned,
and WILLIAM STRATI/IN, Sir JOHN DEAN PAUL,
Baronet, and ROBERT 1/EAKIN 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
not merely all the comforts, but even the greatest
luxuries of life—who 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
criminals as the severity of their punishment will

oe beyond that 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 inei-

dental to such a terrible destiny ?
There could have been no possible doubt
respecting the facts of the case, which
literally " lay in a nutshell." There might
have been gradations in the degree of
guilt one might have been, par excellence,
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 bad 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 7th and Bth GEORGE IV., cap. 29, is purged
by the disclosure sanctioned under section 52.
That must be decided by the Court of Criminal
Appeal, and on its judgment will depend the
heavy expiation by the criminals, or whether the
majesty of the law be brought into contempt and
disrepute.
The words of the saving clause in the statute
are very clear and unequivocal. After detailing
what shall constitute the offence, it declares what
shallafford an exemption from the punishment. It
'6173 t—" And no banker, merchant, broker, factor,
attorney, or other agent as aforesaid, shall 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 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, suit, or proceeding, which shall
have been bona fide instituted by any party ag-
grieved, or if 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 FREDERICK THESIGER truly stated,
bankrupt is bound to make the most complete and
ample revelations touching his estate and, ttreel;
and the statute itself clearly and explicitly recog-
nises that distinction, for while it speaks_
a a "compulsory" process in any court of Jaw 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
clearly not be sufficient to render a fictitious
account of matters. The object of the Act
was to benefit bona
Me creditors—not to save
fraudulent bankrupts ; and for the sake of the
former, protection was given to the latter to pre-
_ vent them from avoiding answering very import-
- ant questions, on the ground that they might
thereby criminate themselves. Truth and
accuracy
would therefore be indisperoble elements in the ,