The Sun.
London, England, 1849-12-22 00:00:00

SATURDAY EVENING, DECEMBER 22, 1849.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Dec. 21.

Sittings at Nisi Prius before the LORD CHIEF ak-
RON and a Special Jury, at Guildhall.)
BOSANQUET V. SHORTRIDGE.

The Attorney-General, Mr. Martin, and Mr. Un-
thank appeared for the plaintiff; Sir F. Thesiger,
Mr. Knowles, and Mr. F. Robinson were counsel
for the defendant.

The plaintiff is the representative of the London
and Westminster Bank, and this was an action on a
scire iacias on a judgment for 30,0001. recovered by
the bank of the plaintiff against the Newcastle,
Shiels, and Sunderland Union Joint Stock Bank.
The question raised between the parties was whether
on the day the scire facias issued, the 11th of Jan.,
1848, the defendant was a shareholder in the New-
castle Bank, which it is perhaps needless to say is
now reckoned among the things that were, the whole
concern having suddenly gone to pieces in October,
1847, after having paid for several years, and up to
the last moment, a dividend of ten per cent. to
the fortunate shareholders. It appeared that the
defendant was one of the trustees of the bank, and
an origin-al shareholder, but that, after selling out
from time to time, he parted with his last 100 shares
in July, 1847, to a gentleman named Thew, and it
was contended by the plaintiff that the transfer con-
nected with that sale not having been effected accord-
ing to the terms of the deed of partnership, the
defendant had ,not thereby divested himself of his
connexion with the bank, and that he was accordingly
responsible for its debts. On the part of the defendant
it was shown that his trusteeship was merely nominal,
and that having become dissatisfied with the conduct
of the bank he had applied for information to Mr.
Chapman, the managing director, to whom the direc-
tion of the concern had been left by the directors,
and that not having received any satisfactory answer
he determined to part with his shares. This he did in
the usual way adopted at the bank—the assent to the
transfer being given verbally by the managing
director alone, though the deed required the
assent of four directors to any such business.
This was admitted to be an irregular mode of
proceeding; but it was the only course open to the
defendant, the directors holding only quarterly meet-
ings' instead of those required by the deed. Under
such circumstances, Mr. 'Thew became possessed of
the last 100 shares of the defendant, by contract, on

The defendants, however, in their defence, denied
that the slightest violence had been used in the affair;
indeed they asserted that the prosecutor had not only
pointed out the instruments to them, but that he had
stood by and looked on as they were removing them.
Trey then called two sons of Squires, and one of his
apprentices, who maintained that there had not been
any violence show❑ towards the prosecutor, but that,
on the contrary, he had himself taken up a piece of
iron, with which he had threatened to strike one of
the defendants.

The Learned JUDGE having summed up,
The jury returned a verdict of Guilty against both
of the defendants.

The Learned JUDGE said that this was a very
serious case in itself, but it had been rendered doubly
so by Squires having put his own sons into the
witness-box for the express purpose of their emu-
mitting wilful perjury. There were many matters to
be taken into consideration, and therefore he should
respite the sentence until a future session, and in the
mean time something must be done by Squires in
respect of the money which the prosecutor had paid
for one of the instruments.

POLICE INTELLIGENCE.
GUILDHALL.

Sir P. Laurie called ;at the justice-room in the
course of the morning, to state that he had received
a very pressing letter from a poor man at Dundee,
who was anxious to ascertain the fate of a missing
brother, and Sir Peter would feel obliged if any one
would take the trouble to give him any information
on the subject. , The brother had heard that such a
person had been found drowned in the Thames about
six months ago, but the newspaper file had been
searched in vain. The name of the missing person
was James Petrie, and, though a gilder by trade, he
was reduced to selling newspapers about railway
stations when he was last heard of. He is represented
as being a man of middle stature, and thin, and as
having rather reddish whiskers, blue eyes, a some-
what elongated face, with a nosy three inches long,
and rather thick and prominent, especially towards
the point.
Mr. Alderman HUNTER. begged to announce the
receipt of 201. in aid of the poor-box of Guildhall
police-office;: the annual donation of the Goldsmiths
Company, and requested an acknowledgment through
the public press.

the 6th and 13th of July, 1847, at 51 10s. per share,
on U. paid up; it being agreed that the money
should be paid on the 20th of August, and that Mr.
Thew should receive the dividend, which would be
declared in the interval, at the general meeting; that
meeting took place in due course, when a flourishing
dividend of 10 per cent. and a " sound business"
were reported to the shareholders. 'On the 20th of
August the money passed between the defendant and
Mr. Thew, and in the October following the bank
was declared to be in insolvent circumstances, and
ultimately these proceedings were taken against the
defendant. After much discussion it was agreed that
a special case should be stated for the opinion of the
Court above as to the operation of these transfers
upon the liability of the defendant. A verdict was
therefore taken for the plaintiff, subject to a special
case.

ASSIZE IN ThLLIGENCE.
NORTHERN CIRCUIT.:—York, Dec. 20.

CROWN COURT.—(Before Justice Clusswar.x.)
Hannah Smith was indicted for perjury in having
falsely sworn that she was married to Mark Smith at
Sculcoates church, near Hull.
Mr. Thompson prosecuted.
It appeared that the prisoner had lived with a man
named Mark Smith, at Hull, for some time as his wife,
and that he, getting tired of her, left her, and she and
a child six months old became chargeable to the parish
of Hull; and on an inquiry before the magistrates as
to her chargeability she swore that she was the wife
of Mark Smith, and was married to him in Sculcoates
church. This was disproved, and Mark Smith him-
self swore that he was never married to her.
His LORDSHIP said, if the jury could rely on the
evidence of Mark Smith they must find the prisoner
guilty.
The jury found the prisoner Guilty, and she was
sentenced to two months' imprisonment.
'I his case concluded the business of this court.
NISI PRIUS COURT. (Before Mr. Justice
WILLIAMS.)

William Hanson was indicted for perjury, for
having sworn at the last winter assizes at York, in a
prosecution against five men, named 'West, Leigh-
towler, Clifford, Hall, and Jowett, charged with a
highway robbery upon him, that he had not said
" that he could not swear to any of the parties that
robbed him " to two policemen, named Routh and
Wright immediately after the robbery ; and that he
had not said that the men that robbed him had blue
smocks on, and he could not identify them.
Mr. Blanchard and Mr. Shaw prosecuted, and Mr.
Hardy defended the prisoner. .
It appeared that the prisoner had prosecuted the
five men named in the indictment for a highway rob-
bery, at the last winter assizes, committed upon him
very early in the morning of the 25th of July; and
after a great many witnesses had been examined on
their behalf they were convicted and sentenced to be
transported for ten years. On that trial the prisoner
swore that he had never said to two constables, to
whom he made a complaint immediately after the rob-
bery, "that the men who robbed him were dressed in blue
.mocks, and he could not identify them." Wit-
nesses were called to prove that he said this at the
trial ; and one of the constables was called to prove
that he had used those words after the robbery. The
witnesses, however, differed so much in their account
of what took place at the trial, and also as to what
the prisoner had said after the robbery, that the
counsel for the prosecution said there was so much
discrepancy in the evidence that they could not go on
with the case.

Mr. lIAIDY, on the part of the prisoner, thought
it right to say that he was prepared with evidence to
show that the prisoner was materially confirmed in
the statement as hich he had made at the trial.

His LORDSHIP, in directing the jury to acquit the
prisoner, said, the case turned on the recollection of
'conversations, and the very witnesses called to prove
the conversations contradicted each other, and also
gave totally different accounts of what had happened
at the trial. This case showed how dangerous it was
in this, and also in other cases, to act conclusively on
the reports of conversations.
The jury immediately Acquitted the prisoner.
This case concluded the assizes.

by public sales, the price has fallen fully 4s per cwt, par-
ticularly the low qu,.,lities.
COCHINEAL.— To-day at auction 150 bags of C,ebi-
neal went with spirit at 11 to 21 advance; H )ndtras
silvers fetched 3s 1111 to 4s 4d, Mexican 3s lid to 4s 4d,
and black 4i 2 to Lti 4d

SALTPETRE.—To-day the public sales of 1,000 bags
Calcutta went off flatly at rather lower rates; good
stronv 34 per cent retraction 275, mid railer sin Id
chrysial 8 per cent 26i 63, ord 11i per cent 25s 61,
superior white 24 to 31 per cent was taken in at 28s to
28s 61.

TALLOW.—To-day at auction 1.345 pkgs South
American Tallow partly sold at 32s 9.f to 38s 3d; 500
ca'ks Sydney 34s t0.38s 6d per cwt.
OlLS.—llolders of Seal are not disposed to make any
further concession in tl-u‘ valuo; still only limited pur-
chases have been made—Pale at 38/ lOs to 391103, straw
and tingrid 341 to 37/, yellyx and brown 301 to 331. Cod
has been taken to a moderate extent only at 30110.4 to 311.
For low to fino Southr,rn the value is from
30/ to 311, and the purchases made have been gtnall for
all purposes. To-day- at, auction 150 tuns of Sperm Oil
and Headrnarter-veer offered, and ail sold at 811 10i to
831. fieAchnitter 851103 to 851; 40 tuns Sea Elephant
321 to 331.