The Sun.
London, England, 1855-10-29 00:00:00

THE SUN. LONDON, MONDAY EVITNIN("4„ OCTOBER 29 1855

surer, occupying the next seat to his lordship. Not
less than between five and six hundred ladies and geu-
tlemeu sat down to dinner.

of, not a man attempted to interfere with any speaker,
nor even with the assembly of persons, until their ser-
vices were deemed indiffpensable, and had they 'Hot been
near at the time it is iiiipos,,ibN to till what would have
been the conseqn,nco. The number in the park must
have been upwards of 20,000, and sq threat-,cin4 did
things appear at one time t hat the gates of the marble
arch were obliged to be closed against the populace,
There were about 20 mounted police officers i❑ the
neighbourhood, under the directiwi of Captain Labal-
mondiere, Superintendent Gibbs, and Inspec.ors Searle,
Walsh, Durkin, Banks, and Jackson, and the manner
in which they carried out the arrangements were most
admirable.

of the charge. The jury would consider, the nu-
inercus opportunities which Strahan and his partners
hal of kno.ing, all these oircuaista,ces, and yet ttat r,o
et.rxiplaint or outcry had been r,,n-ed to Dr. Griffith on
the sultject. h respect to tilt, defendant Bates the
case was, in some respect-, ,tronger i.han that f Sti
inasmuch 3.4 he was the most active partner in c,miec
tion with the firm, and was the pi-rs to win in "t e-
qu,,ntly bald communication with Dr. Griffish. The de-
fe,idant Stalian ,iii-ht have thou,ht that the restora-
tion of the Danish Bonds by others of a similar amount
might have satisfied Dr. Griffith; and so perhaps it would,
if the substituted bonds had been forthcoming. That,
however, would have been no answer in point of law to
the crime of converting them, although it might perhaps
have prevented Dr. Griffith from putting the law in force.
The last point to which he would refer was one which was
rather a question for the Court than for the jury—one
with respect to the construction of the act. It was cer-
tainly a very singularly worded act, and the framers of it
probably c ever dreamt that anything would occur under
it like what had arisen in the present case. The words of
the section in the act were—

After the usual loyal toasts, in proposing which the
CHAIRMAN noticed the gratifying fact that Prince Albert
bad presented the institution with a donation of one hun-
dred guineas, his lordship proceeded to give the toast of
the evening, "Prosperity to the Commercial Travellers'
Schools." His lordship, after some complimentary ob-
servations on the beautiful buildings in which hey were
assembled, proceeded to observe that he took a more
sanguine view of its probable results than was expressed
in the address which they had all heard real at an earlier
hour. That address did not venture to hope that the
pupils of the school would ever be distinguished in the
higher branches of education or learning, but he was
more sanguine, because he felt proud in believing that
England was a country in which the lowliest might by
the force of talent and industry arrive at the highest
position, and who was to tell what talent, what genius,
what industry might be developed in the young people
who were the objects of their fostering care ! (Cheers.)
The present was pre-eminently an age of progress,
and who was to say that the children who were now
their orphan charge might not at some future day stand
high in the world of commerce or of letters, and in their
turn extend the hand of liberality and protection to fu-
ture orphans and with similarly beneficial results
(Loud cheering.) He found that in the Commercial
Travellers' Schools three hundred children might be
boarded, lodged, and educated, and he asked the com-
pany to consider what might be the consequences to
society if that large number of intelligent beings had
been left neglected and impoverished-to fall into the ever
open and easy paths of immorality and vice ! (Hear.) It
was then an institution pre-eminently worthy of their
support, and he trusted that it would receive, as it well
deserved, the munificent aid of the whole commercial
body. (Cheers.)
The next toast was "The Health of the Lord Mayor,"
proposed by Dr. Vaughan, who observed that as the
great desideratum of the present day was to see the
" right man in the right place," the City of London
ought to congratulate itself on the presidency of its pre-
sent chief magistrate. (Cheers.)
The LORD MAYOR returned thanks, and proceeded to
propose, with a warm eulogium, the health of Mr. Geo.
Moore, the treasurer of the institution. (The enthusiaiia
with which this toast was received must have been ex-
tremely gratifying to the gentleman in whose honour it
was proposed.)

From the calculations made by the police, about 500
perrons per minute entered the gates of the park during
the holding of the meeting, or rather series of meetings.
Owing to the yelling and execrations of the crowd,
the horses of the mounted police were terribly fright-
ened, and they kicked and plunged terrifically, but for-
tunately no one was injured thereby.
Another meeting, it was stated, was to be held in the
same park on Sunday next, weather permitting.

" And no banker, merchant, broker, factor, attorney,
or other agent, as aforesaid, will 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 shad, at any time
previous to his being indicted for such offence, hare dis-
closed such act on oath, in consequence of any corn pulsory
process of any court of law or equity, in any action, suit,
or proceeding which shall have been bona fide instituted
by any party aggrieved, or if he shall have disclosed the
same in any examination or deposition before any Com-
missioners of Bankruptcy."
Under the Baekrupty Act the Commissioners had
authority to examine bankrupts after they had made and
signed a declaration ; or there might be a deposition in
order to establish some matter in dispute which the
court wished to have cleared up. But was the " disclo-
sure" made by the defendants in the Court of Bankruptcy
made under circum-tances of that kind ? In the first
place the " disclosure" was not a disclosure at all of the
particular act charged against them. There was no dis-
closure in any one of the documents put in that the par-
ties had in 1854 appropriated to their own use and
transferred to Mes,rs.Foster and Braithwaite the 5,0001.
Danish Bonds which Dr. Griffith now complained of
being deprived of. The Danish Bonds assigned to
Messrs. Overend, Gurney, and Co., and mentioned in
the " disclosure," were different from those mentioned
in the indictment, and agreed only with them in the
amount of value. But, could any one suppose that a
person, by voluntarily disclosing, of his own accord, a
misderueanour committed by him, could escape the
penalty attached to that misdemeanour ? Was it to he
imagined that the Parliament would play fast and loose
with the criminal law in such a way, first inflicting the
penalty of 14 years' transportation on certain offenders,
and then allowing these offenders to acquit themselves
from all punishment ? Was that proceeding of the de-
fendants before the Court of Bankruptcy a bona fide exa-
mination, or any disposition to settle some disputed point
which the Court required to be satisfied on ? There was
a rule of law well known in reference to transactions of
this description ; arid he would ask the jury whether it
was their opinion that this was a real and bona fide pro-
ceeding in bankruptcy, or whether it was not a got-up
proceeding and sham—a farce prepared to be played in
open court ? He should ask them that question, not that
their opinion would ultimately determine the point, but
lest, in the event of its being hereafter discussed, some
one should say that ho ought to have left it to the jury.
It was on that account he wished for their opinion on the
point, though he and his learned brothers near him en-
tirely agreed in not entertaining any serious doubt at all
on the question. It was now for the jury to take the case
into their consideration, and if they believed that the
defendants Mr. S:raban and Mr. Bates were in compli-
city with Sir J. Paul iu doing the act charged, and that
it could not have been done without their knowledge
and concurrence, they must find all the accused guilty ;
but, if they deemed the evidence too doubtful to enable
them to draw that concludon, they would, of course,
give the accused the benefit of the doubt. If they
thought that there was any difference in the cases of the
defendants they would, of course, inark by their verdict
the distinction. He desired nothing more than that
they should come to a just, sound, and candid conclu-
sion.

THE TRIAL OF STRAHAN, PAUL,

AND BATES.

The following is a more detailed account of the address
of Baron Alderson than we were enabled to give in our
impres-ion of Saturday :
Mr. Baron ALDERSON proceeded to sum up the evi-
dence. He said that before the conclusion of the pre-
sent proceedings he should- seek the jury an incidental
question, arising out of part of the evidence and argu-
ment of counsel ; but the question be should leave for
them to decide—namely, whether the defendants were
guilty or not—was of a totally different description.
He thought the jury had better confine their attention
to the charges in the first four counts of the indictment,
though there were other counts, respecting conspiracy,
&c. The first four counts set forth that the defendants
were the bankers and agents of Dr. Griffith, by whom
they were intrusted with certain valuable securities there-
in mentioned for safe custody, and that, not withetanding,
they, without any authority, sold and converted the same
to their own use, contrary to their duty and trust. Re-
specting a good deal of that statement there was no doubt ;
but the question for the jary to decide was whether the
elefeirdants sold those securities contrary to their trust.
If they did, they were guilty of the misdemeanour which
was charged against them in the indictment, and the
punishment for which was provided by the 7th and Bth
George IV., cap. 29. That was the question now to be
determined, No doubt, there was a great difference in
the cases of the three defendants. Against Sir J. Paul
the case pressed more hardly than against the other two,
and against Mr. Strahan more hardly, perhaps, than
against Mr. Bates. That was the order, probably, in
which the jury would have to consider their respective
guilt or innocence. The learned judge here recap tnlated
the evidence of Dr. Griffith with reference to the 5,0001.
Danish Bonds on which the question before the court
arose, and said the jury would have to consider whether
or not they could reasonably infer that the transactions
which took place in reference to those bonds were such as
from their nature partners in the same bank must be cog-
nizant of. It had been proved that those bonds had been
purchased for Dr. Griffith and-left with the defendants for
safe custody, and they were particularly marked by their
amounts, dates, and numbers. It did not appear whether
Dr. Griffith had ever seen them, but that was not mate-
rial, for it was not necessary that he should see them
in order to be their owner in point of law. Dr. Griffith
statel that he bad transacted his business almost solely
with Mr. Bates, and that he had never received the
slightest intimation of any change having taken place in
the custody of these bonds, the interest for which he had
carried to his account every half-year, and that he never
gave the defendants any authority to sell or convert them
to their own use. After the application at Bow-street
Mr. Strahan called on Dr. Griffith, and, admitting that
some securities had been disposed of, aided that it was
the first dishonest act of hie life. That observation, how-
ever, referred to the 5,0001. Danish Bondi subsequently
purchased and substituted for the original bonds, and not
to the bonds mentioned in the present indictment. Mr.
Strahan's counsel had told the jury that they roust take
this statement into consideration, and conclude from it
that Mr. Strahan was not cognisant of any previous im-
proper proceeding done by another in reference to the
securities. However, he IMr. Baron Alderson) must
tell the jury that they were not bound to be'ieve either
the whole or any part of the statement made by
Mr. Strahan on that occasion. They must take it into
their fair consideration as one of the circumstances in
the case, and no more. Mr. Strahan was certainly in-
correct in saying that that was the first fraudulent trans-
action on his part, if ho were a party to the transaction
of 1854, unless he salved his conscience over by the no-
tion that reparation was made for that which before was
a wrong act, and that the wrong had been removed by the
subsequent substitution of fresh bonds. —lt was just pos.
sible for persons to take that view of their conduct, but the
law did not. The jury were entirely to judge on that mat-
ter; and here he would observe that the statements put in
for the purpose of making a "disclosure" showed that Dr.
Griffith had been a loser to a considerably larger amount
than the 5,0001. Danish Bonds in question. The check for
12,2281., which was paid in bank-notes, was dated March
16, 1854, which agreed with the items in Sir J. D. Paul's
private account. A clerk of Foster and Braithwaite re-
ceived the bonds fr,:m Mr. Beattie, and there could be
no doubt, from the numbers and amounts of the bonds
sold, that among them were those bought by the firm
in 1851 for Dr. Griffiths, deposited by him in their hands
for safe custody, and safely kept by them up to that
time. These bonds were thus sold by Sir J. D. Paul,
and this transaction was the subject of the present
charge. There could be no doubt as against Sir J. D.
Paul—waiving for a moment the question whether the
disclosure before the Court of Bankruptcy were an answer
to the present charge—that a clear offence against the
statute had been committed in disposing of these Danish
Bonds intrusted to him for safe cu-tody. This was a clear
breach of trust on his part, which breach of trust in a
banker was punishable as a misdemeanour by the 7th and
Bth Geo. IV., chap. 29. He should not have considered
it necessary to carry the case any further, but evidence
had been called to show that the bonds were sold to
Messrs. Rothschild, Cohen, and other parties, that these
parties received the dividend's upon them, and that the
defendants had ceased to have any property whatever in
the bonds thus sold by Foster and Braithwaite, although
the dividends were regularly carried to Dr. Grif-
fith's credit. Then the gentlemen had been called who
negotiated this loan, and who proved that every bond
had a distinct number, the conclusion being that these
Danish Bonds were individual things, which were not
to be replaced by other bonds of equal value. There be-
ing, then, a clear case against Sir J. D. Paul, unless he
had absolved himself by the disclosure, the next ques-
tion was whether the other two partners were parties
to the transaction. A partner was civilly responsible
for the acts of his copartners. And why ? Because by
an agreement between him and his copartner he was con-
stituted an agent for all acts done in pursuance of the
partnership for his copartner. He was therefore civilly
responsible for all acts done, either in the presence or
absence of his copartner ; but he was not responsible,
and could not be held responsible fur any act- done by
his copartner
; because no man could consti-
tute another his agent to do a criminal act without his
personally desiring him to do it, or acting with him in car-
rying it into effect.sct. He was only criminally responsible
for the acts of his partner if he personally took part in the
transactions, and therefore the jury would haveto look, not
merely to the question of whether Strahan and Bates
were partners in the concern, but also to whether they
could be considered as being parties to the criminal act
of Sir John Dean Paul in selling the bonds in question.
If they were not proved to their satisfaction to have been
in a state of what was called " complicity" with Sir John
Dean Paul in the act with which ho was charged, God
forbid that they should be held responsible for his crimi-
nal conduct. When the jury came to take the case into
consideration they would not, however, altogether leave
out the circumstance of their being partners, because, as
partners, they !night have a knowlege of the nature of
the business which was going on, and it was for the jury
to say whether, being partners, and having the means of
knowing, the circumstances were such as inducel them
to believe that the defendants did know and were privy
to the fraudulent transactions which brmed the subject
of the present charge. What were the ciscumstances
which were calculated to lead to the inference of the
guilty complicity of all the partners? In the lint
place there was the money which was broucht to the
hank from the sale of the bonds by Mes.rs. Foster and
Braithwaite, and the aggregate amount of which was
placed to the credit of the private account of Sir John
Dean Paul. He would not contend that it would neces-
sarily follow, but, generally speaking, he thought a
partner would inquire how, and under what circutn-
stances a sum of 12,0001. or more catue to be placed to
the private account of one of his copartners. Then,
again, they were told that the securities of Dr. Griffith
were kept in the strong room, and there appeared uo
reason to doubt that they were there up to a certain
period, after which they could not have been found, nor
were any others substituted for them until the month of
June. Did people never walk into their strong rooms,
or know what was in them, or did they not look after
the securities deposited with them, or were they not pre-
sumed to look after the removal of any portion of these
securities ? The defendants had the means of knowing ;
the question was, did they make use of those means,
and did they know the circumstances? Then there was
the circumstance that afterwards the whole of the de-
fendants toads a statement, or "disclosure," as it was
ceded, in which they spoke of the 5,000/. Danish Five
per Cents, deposited with Meefrs. Overend, Gurney, and
Co., on the 30th of April, 1855, and followed by 10,0001.
Three per Cent, belonging to Dr. Griffith, sold by Messrs.
Foster and Braithwaite on the 14th of March, 1354.
But nothing was said of the 5,0001. being sold in the
first instance. They stated the fact of a partial sale, but
they did not state the whole of it. Did they know the
whole transaction, or part only ? If they knew the
whole, why was that nothing was said about the first
sale ? Or did they think that the substitution of one set
of bonds for the other took away the fraudulent charac-
ter of the first transaction ? One part of the case was
perhaps not so strong against the defendant Bates. He
did not state in his examination that he knew of his own
knowledge of the sales or deposit of securities, or had
anything to do with them. While the other defendants
in their separate examinations spike of securities
" pledged or converted by me," Bates only spoke of
securities "pledged or converted by any or either of my
partners." With regard to Strahan there was the cir-
cumstance to be taken into consideration of his state-
ment to Dr. Griffith, which 'sad been urged as negativing
to some extent the fact of his knowledge of the first
transaction. This was a circumstance in the case proper
for the consideration of the jury. The evidence showed
that the act of selling the securities was the act of Sir J.
D. Paul, but if the jury were satisfied the act was done
with the knowledge and consent of the other defendants,
and for the purposes of the firm, they were equally guilty

.
I Mr. G. MoonE, having first thanked the company for
the very warm manner in which his health had
been received, begged leave to offer a few observations
upon what was after all the real business of the day.
Having glanced at the early history of the institution,
he said that the building in which they stood was a
great fact, which would last after their children's chil-
i dren, but was, at the same time, one in which the orna-
mental had been throughout made subordinate to the use-
ful. He also congratulated the company on the circum-
stance that the actual expense had not very considerably
exceeded the original estimate. They had expected the
building would have cost 15,0001.—it had cost more thea
20,0001. ; but then their contracts had to be made at a
time when there was a great and sudden rise in the price
of labour and materials. (Hear.) Any excess, however,
in the cost of the building was fully compensated for by
the advantageous terms on which they had acquired their
land, having obtained 25 acres for 2,0001., a capital in-
vestment, for which the society was mainly indebted to
Captain Huish, who sat near him. (Cheers.) The diffi-
culty under which they now laboured was the finding of
the last 5,0001., and he trusted that the liberality of that
evening would very much diminish the difficulty. (Hear.)
Let the building be once paid for, and every gentleman
and lady present miget rest assured that the institution
would go on prosperously from that day forward.
They had 15,338/. invested, from which they derived
an income of 6001. a year, and this, with the annual
subscription, would be amply sufficient, for be it remem-
bered that the commercial body formed no mean ele-
ment in the wealth and resources of this country.
hear.) They had at present 142 children iu the school,
and in December would elect in as many as the funds
would admit of, for now there was happily no excuse on
the score of room. As the institution took care of the
children from the age of seven to fifteen years, very few,
of course, had left during the first seven years, but now
the admissions and discharges would go on more regu-
larly, and there was this peculiar advantage in their
schools, that after the pupils were discharged they had
an almost certainty of future employment amongst the
commercial body, as who would not exert himself to
promote the welfare of a deceased colleague's orphan ? It
had often been said, and he confessed he had sometimes
said it himself, that it was impossible to get the com-
mercial bedy to combine for any useful purpose, but he
was happy to say that their schools formed an exception
to that rule ; for although the employers had certainly
done something, it was mainly to the commercial travel-
lers themselves they were indebted for support. (Hear,
hear.) Having again urged the company to promote the
building fund, and warned commercial travellers that
they would be looked upon as the black sheep of "the
road " if they neglected the orphans of their deceased
brethren, Mr. Moore made a special appeal to the
ladies, who, he said, might become life governors at
half the sum fixed for gentlemen, and proceeded
gratefully to acknowledge the support the institution
had received in Liverpool, Manchester, and Bristol. In
conclusion, he congratulated the company on the fact
that the whole of the arrangements of the building had
b., en approved of by Prince Albert, who had been good
enough to say that he had obtained a great many valu-
able hints for the Wellington College of which his Royal
Highness was governor. His Royal Highness had also
given the munificent donation of 100 guieeae, and ha I
consented to become the patron of the institution.
A list of subscriptions was then read, and the contents
of the purses announced, the whole amounting to nearly
2,000/. One of the largest donations was from Mrs.
Cufflay, of Birmingham, whose purses exceeded 2001.
The remaining toasts on the chairman's list were then
disposed of, and the company separated. The musical
arrangements were under the direction of Mr. F. Mori,
and Mr. Harker was the toast-master.

The jury deliberated together for a few minutes in
their box, and then retired to consider their verdict.
After an absence of about 20 minutes they returned
nod pronounced a verdict of guilty against all the de-
fendant,.

Mr. Baron Alderson inquired their opinion of the
"disclosure " before the Court of Bankruptcy
The Foreman replied that the opinion of the jury was
that it was no disclosure within the meaaing of the act.
Mr. Baron Alderson—You look on it, then, as a sham
affair

The Foreman stated that the jury did not consider it
a bona fide disclosure.

Mr. Baron Alderson intimated his entire concurrence
with the jury in this opinion.
A verdict of guilty was then taken on the first and
third counts, and of not guilty on the others.
Mr. Baron Alderson, after a short pause, proceeded to
pronounce the judgment of the Court upon the pri-
soners in the following terms : William Straban, Sir
John Dean Paul, and Robert Makin Bates, the jury
have now found you guilty of the offence charged upon
you in this indictment -- the offence of disposing
of securities which were intrusted by your customers
to you as bankers, for the purpose of being kept safe
for their use, and which you appropriated, under
circumstances of temptation, to your own. A greater
and more serious offence can hardly be imagined in a
great commercial city like this. It tends to shake con-
tidence in all persons in the position you occupied, and
it has shaken the public confidence in estanlishments
like that you for a long period honourably conducted.
I do very, very much regret that it falls to my lot to
pass any sentence on persons in your situation ; but yet
the public interests aed public justice require it ; and it
is not for me to shrink from the discharge of any duty,
however painful, which properly belongs to my office.
I should have been very glad it it had pleased God that
some one else now had to discharge that duty. I have
seen (continued the learned judge, with deep erno.mii) at
least one of you under very different eircueistances, sitting
at my side in high office, instead of being where you now
are, and I could scarcely then have fancied to myself
that it would ever come to me to pass sentence on you.
But so it is, and this is a proof, therefore, that we all
ought to pray not to be led into temptation. You have
been well educated, and hell a high position in life, and
the punishment which must fall on you will consequently
be the more seriously and severely felt by you, and will
also greatly affect those connected with you, who will
most sensitively feel the disgrace of your position. All
that I have to say is that I cannot cone, ice any worse
case of the sort arising under the Aot of Parliament ap-
plicable to your offence. Therefore, as I cannot con-
ceive any worse case under the act, I o.in do nothing
else bat impose- the sentence therein provided for the
worst case—namely, the most severe punishment, which
is, that you be severally transported for 14 years.
The prisoners, who seemed aetoureled by their sen-
tence, leant against the dock as if they expected their
counsel to make soma observations to the Court, but,
after a short interval, they slowly retired in custody.
The rev. prosecutor, Dr. Griffiths, was observed to shed
tears when the sentence was pronounced, but the judg-
ment appeared to give satisfaction to a crowded court.

THE BISHOP OP EXETER AND THE Barriamar, Re-
eI:NERATION VETO.—The Bishop of Exeter has again
refused to recognise the rights established by the judg-
ment of the Privy Council. The Rev. E. Cox was lately
presented to the perpetual curacy of Escot, Devon. But
he could not accede to the bishop's views of baptismal
regeneration. The bishop, therefore, refused him insti-
tution. Escot is the benefice to which the Rev. C C.
Layard was presented a few months ago, and is thus a
second time within the year deprived of its legally pre-
sented pastor.

A. DERELICT. —The Cork, Reporter has the following :
—" About 4 o'clock on Sunday evening, as the Sabrina
steam-ship, Captain Parker, had reached the harbour's
mouth on her way from Bristol, the captain WAS informed
that a vessel was lying deserted about 20 miles south of
the harbour, fie immediately directed his course to

the place indicated, and founda very fine clipper-ship,
the Carrier Pigeon, of New York. completely deserted
by her
,captain and crew. The Sabrina, having taken
her in tow, brought her safely into Passage, where she
now lies. We understand that the captain and crew
subsequently arrived in an open boat, aid were not a
little astonished at finding that the vessel which they
had deserted at sea had arrived before them. The cargo
on board is said to be worth about 15,0001."
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and nausea, have been effectually removed by Du Barry's
health-restoring food. I shall be happy to answer any inquiries.
—REv. Joux W. FLAVELL, Riddling,ton, Rectory, Norfolk."
In canisters, lib. 28. 9d.; 21b. 4s. 6d.; 51b. Ils. ; 121 b. 22e.
The 121 b., carriage free, on receipt of Post-office order. Barry
Du Barry do Co., 77, Regent-street, London; also at Ib2,
Piccadilly; 60, Graceceurch-street; 330, and 451, Strand;
4, Cheapside ; 60 and 68, Coruhill ; 49, Biehopseate-street;
55, Charing-cross; 54, Upper Baker-street; 63 and 150,
Oxford-street; 89, High-street, Camden-town ; 18, pall. '
malt, 7, Pall-mall-East ; 132 New Bond-street ; 24, Mot•
comb-street ; 13, King William-street, City ; 30, Conduit.
street; 21, Cockspur-street; 95, Farriagdon-street; 67, St.
Paal's Churchyard; 6, Edward-street, Portman-square. '