The Sun.
London, England, 1831-09-15 00:00:00

THE MANAGERS AND CASHIERS OF THE LEITH BANKING

COMPANY V. BELL, HEDLEY, AND ()limits.
The respondents in this appeal were cautioners for a per-
son named A. Scott, on his becoming agent for the Leith
Banking Company, in a sum of 10,0001. In consequence
of the defalcation of that gentleman to a considerable
amount the Leith Banking Company gave notice to the
respondents that a very large balance was owing by Mr.
Scott, and that they intended to look to the cautioners for
relief to the extent of their bond. The cautioners investi-
e, wed the books of the Bank, and discovering, as they alleged,
a system not only of negligence and illegality, but of con-
cea!ment and deception, intimated their unanimous reso-
lution to the Bank of resisting the payment of any part
of their threatened claim. This for a time put a stop
to all proceedings on the part of the Bank, but latterly the)
had served the cautioners with an account exhibiting
a b dance due from Mr. Scott for no less _ a sum

than 35,000/. Proceedings were then instituted by the
Bank in the Court of Sessions against the cautioners, in
whose favour the Court decided after considerable argu-
ment, and from that decision arose the present appeal.
Some of the principal grounds of opposition to the claim
f the Bank against the cautioners were the estabhsli-
rnent of a Bank at Carlisle in ut'er disregard of the
statute, which expressly forbids it, the giving of ex-
traordinary credit to their agent Mr. Scott, their Wow-
ing him to transact business contrary to the established
rules of banking, namely, advancing money upon discount
alone to more than the amount of the bond given by the
cautioners, when there was but little hope of recover-
ing any thing, and by that means rendering them
the indirect guarantees or indorsers of all the desperate
and doubtful bills which the appellants might collect within
their office. All these facts the appellants in their answers
oositively denied, contending th it their business had been
regularly carried on, and that they had violated no statute.
The 'LORD ADVOCATE concluded his argument on be-
half of the appellants last night, at half-past eight, and this
milorning Mr. Miller proceeded to address their Lordships
on the same side, contending that the case bad not been
properly heard in the Court below, and congratulating his
clients on its coining before a jurisdiction where every fact
would be thoroughly sifted, and the questions involved in the
ippeal decided on their separate merits. At the conclusion
of Mr. Miller's address the Lord Chancellor directed the
case to stand over, in order that all parties might, if pos-
sible, give the Lord Chancellor further information as to
how far the bond was actionable ex facie.

USING THE SIGNATURE Or COUNSEL-GRAHAM V. SHAND.

Immediately upon this appeal being called on,
The LORD CHANCELLOR said well, now I want to
know why Dr. Lushington (who was Counsel for the
respondents) does not appear for the appellants, because
I see his name is appended to this appeal.
Dr. LUSHINGTON—I believe my Lord, there was some
mistake as to the retainer.

The Loan CHANCELLOR-Ye., but you signed the
appeal. I will read the standing enders to you.—
" The House taking notice, that upon appeals and
writs of error there have been of late several scandalous
and frivolous printed cases delivered to the Lords of this
House, for preventing whereof for the future, it is this
slay ordered, that no person whatsoever do presume to (1,!.-
liver any printed case or cases to any Lord of this House,
unless such case or cases shall be signed by one or more of the
Counsel who attended at the hearing of the cause in the
Court below, or shall be of Counsel at the hearing in this
House." And further, " Whereas by the rules and
orders of this House for preventing the bringing of fri-
volous appeals, all appeals are to be signed by two Coun-
sel, it is this day ordered that no person whatsoever
(lo presume as Counsel to sign any appeal to be brought
into this House for the future, unless such person bath
been of Counsel in the same cause in the Courts
below, ur shall attend as Counsel at the Bar of this
House, when the said appeal shall come on to
he heard, and unless he shall certify that in
his judgment there is reasonable cause of appeal."
Now this is the security of the House—this is the only
security the House has against frivolous appeals. Dr.
Lushington ought to be here as Counsel for the appeal
which he signs. How did it happen Dr. Lushington
that your name was signed to the appeal.
Dr. LusniNovati—Upon my word, my Lord, I cannot
say, I know nothing of it.
The LORD CHANCELLOR—I suppose you signed it be-
cause you saw so respectable a name attached to it pre-
viously. According to the rule of the House you ought
to be heard for the appeal.
Mr. M'NElL—This paper, my Lord, is printed in Scot-
land.

The I.ottn CIIANCELLOR—Oh ! Avell, is the Scotch
solicitor here ?

Mr. M'NEIL—No, he is not.
The LORD CHANCELLOR-Well, who is the agent in
town ?

Mr. WisitEL—Mr. Poole, my Lord.
The Loan CHANCELLOR —Well, let Mr. Poole stand
forward. Upon Mr, Poole's c ming to the bar, his Lord-
ship inquired whether he got the signature of Dr. Lush-
ington to this appeal.
Mr. Poole answeted that he did not, and that the paper
came from the agent in Edinburgh to him.
The Lour) CHANCELLOR enquired who the agent in
Ed;nhurgh was, and upon being informed that it was Mr.
John James Fraser, his Lordship observed with some
warmth that he should certainly move the House to order
Mr. Fraser to send for its inspection-the original signature
of Dr. Lushington to this appeal, for his Lordship knew
very well that five guineas had been charged to the unfor- •
tunate client for this, and also five shillings to the Doctor's
clerk, and this is the way, continued his Lordship, that
clients are defrauded—more than that the client pays for
all this.—(Here his Lordship held up a tremendous long
piece of parchment.) This is the petition of appeal
embodying the whole record, and a more gross case of
frivolity and voxation than this appeal, his Lordship ob-
served, he never saw since he came into Courts of Law—
it was the plainest case, upon the showing of the aPPtd-
lant, that his Lordship ever saw. His Lordship had
no objection to hear Counsel argue that a man's eldest
' son was his second legitimate son, or that a man's niece
was his aunt, or any other absurd proposition. Such
things their Lordships must he subject to, but his Lord-
ship would ;rive this notice, that if the House should not
he convinced by such argument, and the present judgment
should be affirmed, he should then move the Hoti•e to
visit real actual costs upon the parties appealing—every
fathing expended by the opposite party in bringing
their ease before the House ; and his Lordship should
take care when the return was made to the House
relative to the signature of Dr. Lushington, from whose
pockets those costs should come, whether upon the indivi-
filial client or from the pocket of the solicitor, and his
Lordship felt determined that the House should be secored
from such frauds (if one it should turn out to be) as well
as all other Courts.

The appeal was then ordered to stand over generally,
with a hint from the Lord Chancellor that the parties
would act wisely to let the House hear no more of it.

On the motion of the LORD CHANCELLOR Mr. John
James Fraser, of Edinhur,;h, was ordered to produce to
the House his authority for putting the signature of Dr.
Lushington to the appeal.

A requisition is in course of signature, by the
electors of the city and liberties of Westminster, to be pre-
sented to the High Bailiff, requesting that he will convene
a meeting of the inhabitants, at the earliest period, for
the purpose of giving them an opportunity of expressing
their still unabated attachment to, and unqualified appro-
bation of, the principles of the Reform Bill.
REFORM BILL.—The inhabitants of the
Ward of Cripplegate Within have requested MAT:rimy
Noon, Esq., M.P., Aldermau of that Ward, to convene a
meeting of the inhabitants thereat", to consider the pro-
priety of petitioning the House of Lords, to pass the Re-
form Bill forthwith, who has appointed Friday, the
16th instant, at ten for eleven o'clock in the forenoon, at
the Baptist Head Tavern, in Alderrnanbury, for that
purpose.

A curious species ,of theft and partial restitu-
tion has lately occurred in our gaol. On Saturday lit
six convicts, who expected to be removed to the hulks in a
day or two, took advan'age of the absence of one of the
prison watchmen to enter his cell, and rob it of forty-three
sovereigns and a half. The robbery was soon detected ;
and the prisoners being suspected, and searched in vain, it
was surmised that they must have swallowed the money,
and medicines were administered, calculated to compel a
speedy disgorgement. In the course of the day the colas
began to show themselves —one man hatching thirteen,
another four and a half, and another three. The same
course of medicine has been continued, and the same gulden
Produce Las been reaped ; although thirteen of the
sovereigns are yet missing, and are supposed to be contained
in an unnatural swelling in the epigastric region of the
fellow who has already been so fruitful. His speedy de-
livery or death must be the consequence of his roguery.—
Cornub

CHARING-CROSS HOSPITAL

GRAND MASONIC PROCESSION, FOR
LAYING THE FIRST STONE.

This day being fixed for laying the first stone of flu
intended new Hospital at Charing-cross, an immense
crowd of ladies and gentlemen assembled in galleries, &c.
that had been erected on the immediate site of ground fOr
their accommodation, to which they were admitted by
tickets, issued by the Governors, to view the interesting
ceremonial and procession. At half-past twelve o'clock the
brethren and gentry appointed to juin in the same assembled
at the new Vestry-room of St. Martin's Church, and shortly
after his Royal Highness the Duke of Sussex, M. W., Grand
Master, and his Grace the Duke of Leinster, M. W.,
Grand Master of Ireland, arrived, and the procession
{noved off, in grand Masonic order, to the spot where the
ceremony was to take place. When the head of the pro-
cession halted, the brethren divided themselves, right and
left, thereby fOrming an avenue for his Royal Highness t,.
pass through, which he did, preceded by the standard of
the grand patron, and the grand sword .bearers, followe
by his Royal Highness's banner, the lonic light, hi
Grace the Duke of L-inster, Grand Master of Ireland,
die Deputy Grand Master and other officers, who took
their respective situations on the platform. The Vic. -
Patrons of the Institut'on, Vice Presidents, and Building
Committee, also were stationed on the platform.
All being in perfect readiness the proceedings corn
menced : the stone was raised, and after the lower one
had been adju:ted, the Grand Secretary read aloud the fol-
lowing inscription, whi,h was eneraven on a brass plate :
In the second year of
His Majesty King WILLIAM IV.
The first stone of
THE CHARING-CROSS HOSPITAL
Was laid in ample Masonic form,
On the 15th of September, 1531,
By his Royal Highness Prince AUGUSTUS FREDILRICK,
Mike of Sussex, K. G , &c. &c. &c.,
('rand Master of the Freemasons of. England, and Patron of the

the Ins, itntion.

Decimu sßurton, Esq., Architect,—Howard and Nixon, Builders.

The plate was then placed in a cavity of the lower
stone, and then the Grand 'I resouree deposited the phial
containing the coin. The cement was then placed on the
face of the bottom stone, and the Duke of Sussex adjusted
the same with a silver trowel, the upper atone was then
lowered very slowly, the band playing " Rule Britannia."
His Royal Highness having proved the position of the
stone by the level and square, the Duke of Leinster handed
the Duke the mallet, with which his Royal Highness
gave three knocks upon the upper stone. Th.
cornucopia containing the corn, and the ewers with
the wine and oil, were afterwards strewed and
poured by the Grand Master all over the stone
with the accustomed formalities. The bawd then
struck up the National Anthem, and the Duke of Sussex
having delivered the plans of the building to the architect,
together with all the tools used in the ceremony, desired
him to proceed without loss of time to the completion of
the kidding.
The ceremony having concluded, the procession re-
turned to the Vestry-room of St. Martin, and the com-
pany broke up.

OLD BAILEY.-(THIS DAY.)

OLD COURT.

Elizabeth Towler, an interesting looking girl, only 14
years of age, was indicted for stealing several articles, the
property of John Towler, her father.
It appeared that the prisoner had frequently left her
home and taken property of various kinds with her. The
last time she remained three weeks, and the 14th July she
ran away again, taking two candlesticks, three brushes, a
pair of shoes, and a table cloth, the whole of which she
pawned the same day ; on the following night (having
in the interim spent the money she had so raised) she
was found by a policeman in a state of destitution, sleeping
on the steps of a house near St. James's Palace. The
duplicates of the property were found in her pocket.
The Jury found the pri►oner Guilty.
To some questions by Mr. Serjeant ARABIN the pro_
secutor stated, that the prisoner was his illegitimate
daughter ; he had brought her up respectably, but
in consequence of the had example of her mother,
who was recently living with a man who was
convicted at these Sessions of felony, ihe was led into
the commission of crime. The prosecutor said he was
desirous of reclaiming his daughter, and was perfectly
' ready to defray any expence to effect that object, so that
she might become an useful member of society, rather
than she should be sent to prison.
The Learned JUDGE said he should respite the judg-
ment, and directed that the prisoner be taken to the Re-
fuge for the Destitute.
Hannah Jones, aged 40, was indicted for stealing 401.
from the dwelling-house of Elizabeth Grace.
The prosecutrix deposed that she lodged in a house in
Regent-street, and for several weeks she had permitted
the prisoner to sleep with her. She Lad in a small box
locked up in a trunk, 15 sovereigns and 25/. in silver,
placed in two canvas bags. On the evening of the 16th
of August the prisoner left the prosecutrix's lodgings and
did not retur❑ all night; the following morning, having
occasion to go to her trunk, she found it had been broken
open, and also the small box within it and the whole of
her money was gone.
Mr. Justice ALDERSON told the prosecutrix, who ap-
peared a poor hard working woman, that she hail acted
very foolishly in keeping so large a sum of money in so
insecure a place.
Joshua Frederick Clements, Inspector of Police, de-
paned that he apprehended the prisoner on the Pith
August, and on searching her found a canvas bag con-
taining gold and silver to the amount of 9/. 3s. 6d. lie
asked her where the remainder of the money was, and she
said she knew nothing of it. She afterwards said that no one
knew that old Betty (the prosecutrix) had so much money
but herself; witness sent a police constable to a place where
be understood she had passed the night, anti where some
money was found ; and after she was locked up, she con-
fessed to witness that she had left some money with the
landlord of a public-house.
Robert Currie, a police constable, produced Si. Bs. 6d.
which he found in a room in which the prisoner bad
passed the night of the 16th August.
Robert Elliot, a licensed victualler, stated, that about ten
o'clock on the night of the 16th August, the prisoner and
her brother came to his house ; she asked witness to take
care of some money for fear her brother should get it from
her, stating that it was the last of the property which she
had hail in the Bank. He consented to take care of it, and
she delivered to him eleven B,Wureilms and four half crowns
in a canvas hag. the whole of which he now produced.
Ttte prosecutrix was anin called, and identified the two
canvas hags as being those in which her money had been
placed within her box.

The Jury found the prisoner Guilty.
The whole of the money Cult was found, amounting to
241. 24., was ordered to be given to the prosecutrix,—his
Lordship recommending her in future to lodge her savings
in the Savings' Batik, and not keep it at home,
Thomas Sumplon, aged 17, wa.: indicte t for breaking
and entering the dwelling-house of John (osell, and steal-
ing therein a quantity of wearing apparel, his property,
and several articles the property of William Tiliyens.—He
was found Guilty.