The Sun.
London, England, 1854-10-04 00:00:00

10th sec. 7 and 8 Vic., cap. 110. 2d. For unlawfully
refusing to permit Edward Atkinson, the complainant's
solicitor, and Theodosius Abbott, his clerk, to inspect
the written or printed copy of the index and abstract of
the society's deed of settlement, and other documents
mentioned in the 57th clause of the act. 3d. For un-
lawfully .holding out the name of the Right Hon. Lord
Wharncliffe as president of the society, without his hav-
ing acted or consented to act as such. 4th. For neglect.
ing to furnish certain returns to the registrar under the
11th section of the act.

Mr. Clarkson, instructed by Mr. R. W. Bennett, of
Manchester, and Messrs. Staniland, Abbott, and At-
kinsen, of London, appeared for the complainants ; and
Mr. Ballantiae, instructed by Mr. Welborn, conducted
the defence.

Mr. Clarkson having read from the act of Parliament
the returns required with regard to all joint stock com-
panies under sec. 11, called

George Dee, clerk to the Registrar of General Enrol-
ments, who said he had no return of names and places
of abode of shareholders who were deceased, or of per-
sons who had become shareholders, otherwise than by
transfer, of the Solvency Mutual Guarantee Society since
the complete registration of that society, which took
place on the Bth of Nov., 1852. This society was pro-
visionally registered on the 19th of September, 1851,
but since the complete registration the only return made
was the annual return of the name and business of the
society. Neither had any information of the incorpora-
tion by statute of this society been given by the regis-
trar.

Cross-examined—He was not fully acquainted with
the working of these companies, but he believed there
was more difficulty in making the required returns
of mutual assurance societies than proprietary com-
panies. _ _

- Mr. James Rait Beard said he was an assured mem-
ber of the Solvency (not Insolvency) Mutual Guarantee
Society, and he produced his policy.
Cross-examined—He had not signed any deed, be-
cause he had never seen any. He had paid all the calls
upon hire except the last, and (we understood him) that he
had received credit for them in the document produced,
admitting his claim upon the society.
Mr. Roby, an accountant, proved that the society
had acted as a company within the last six months.
Mr. Ballantine said he was willing to admit that fact,
and he begged to say that the directors were willing also
to comply with all the provisions of the statute as soon
as they knew them. But this was a different case to
that of an ordinary proprietary company. In this case
a certain number of persons met together, and agreed
mutually to assure each other's bad debts, and no shares
therefore were issued ; consequently no return of share-
holders could be made, neither could there be any re-
turn of transferred shares. Mr. Ballantine also repu-
diated the policy issued by the society, alleging that as
t was not signed by the complainant it was only a
common agreement, and not a deed.
Mr. Clarkson referred Mr. Ballantine to the interpre-
tation clause, in which a member of any joint stock com-
pany was held to be a shareholder.
Sir Chapman Marshall said he had endeavoured to
give this case his most earnest consideration, and he had
come to the conclusion that, since the complete registra-
tion, there bad been no returns, as required by the 11th
section of the act. With regard to the interpretation
clause, he was quite satisfied that assurance company
was applicable to any association, and that directors
meant any body of men acting in the management of
any society. He was also of opinion that shareholders
were the same as persons assured as members, and if the
defendant was within the meaning of these, and the evi-
dence showed that he was, then he was liable to a
penalty for every offence of not more than 201. If, how-
ever, the defendant objected to his jurisdiction and wished
to have the matter re-argued, then the case mild stand
over, and the Bitting magistrate then could call in
what aid he might think fit ; but if, on the contrary,
the defendant was willing to submit to his decision,
he thought a nominal penalty would meet-the case before
him.
Mr. Ballantine, after someconsultation with his client,
advised him to submit to the nominal penalty.
The defendant was then fined 51., and 51. costs.
Mr. Clarkson said Messrs. Beard were not taking
these steps for the sake of the penalties, and they,
therefore, wished the amount •should be placed in the
poor-box.
Mr. Ballantine wished to know if the other summonses
were to be proceeded with.
Mr. Clarkson said, as his object was to obtain a con-
viction, he should waive the other summonses for the
present.

WORSHIP-STREET.—An elderly man, named
John 111‘Grath, was placed at the bar before Mr. Ham-
mill, charged with having assaulted and otherwise
grossly misconducted himself towards a young girl,
named Esther Harrison, 12 years of age.
The complainant stated that she lived with her father,
who was a plasterer, in North-street, Bethnal-green, but
feeling anxious to obtain employment as a domestic
servant, she left home for the purpose of seeking a situ-
ation on the morning of Friday last, and after search-
ing about without success until she was completely
exhausted, she sat down to rest herself upon the steps
of the Whitechapel Workhouse, between nine and ten
o'clock on that evening. She had only been there a
few minutes when she was accosted by the prisoner, who
asked her if she was in want of a home, and at the same
time proposed that she should accompany him to his
residence in the neighbourhood, as he was in want of a
servant, and would do everything in his power to make
her comfortable. 'Witness declined to accede to his re-
quest, but the pi isoner insisted upon her proceeding
with him at once, and, after forcibly raising her from
the steps, se.zed hold of her arm, and dragged her along
one of the adjoining streets. On reaching one of the
houses at the end of the street, which he informed her
was his residence, the prisoner thrust her into the pas-
sage, and, after locking the street door, be took her into
a room on the ground floor, and immediately com-
menced suljecting her to acts of the grossest indecency.
After minutely describing the conduct of the priSoner,
which was wholly unfit for publication, the witness
added that she resisted him as well as she could, and
screamed loudly for assistance to no purpose, and she
bad since ascertained that the only persons in the place
were herself and the prisoner. After accomplishing his
purpose the prisoner left the house, but locked the door
after him, which precluded her from effecting her escape,
and he shortly afterwards returned, and intimated that
if she agreed to remain with him, he would furnish her
with plenty of food, and allow her a shilling a week.
The prisoner slept with her that night, and had ever
since kept her in the house, and occupied the same
bed with her, until the previous evening, when she was
traced out by her mother-in-law, who conveyed her
home, and gave the prisoner into custody.
Iu answer to the charge the prisoner declared that the
girl had voluntarily accompanied him to his house, and
positively denied that he had acted with violence to-
wards her.

Mr. Hammill said that it was a very serious charge,
which required the most searching investigation, and he
should order the prisoner to be remanded for the pro-
duction of fcrther evidence.

MARLBOROUGH-STREET. TVilliant Torrence
was summoned before Mr. Bingham fur wilfully break-
ing the ranks of ths' Coldstream Guards.
Drummer Harrison said the Coldstream Guards were
crossing Piccadilly when the defendant, who was in a
cart, drove the horse through the ranks. The defen-
dant came at a quick trot, and the horse nearly knocked
him down. _ _ _

Corprai Downes said R 9 soon as the defendant drove
through the ranks he turned round, put his finger to his
nose, and called them " soldiers belonging to the
46th."

The defendant said the witness was mistaken about
the position of his finger ; it was not placed on his nose,
but only on his chin, with no offensive object. He
never said anything about the 46th or any ether soldiers
or officers.

Mr. Bingham had no doubt that the defendant did
break through the ranks designedly, and that he did use
offensive gestures and expressions. For doing these
things he should fine him 40s. and costs.