The Sun.
London, England, 1840-11-12 00:00:00

Mr. Beddome argued that it was quite impossible that t tors who attended the Board and transacted the bust-
the real state of the agency of Mr. Charles Boucher ; ness, and their professions, or trades—
could have been misunderstood. He then showed that Mr. Boucher mentioned himself, Mr. George Whit-
Mr. Frederic Boucher had admitted that the bill and comb, Mr. W. H. Burnand, and Mr. W. Scott. He
money orders were not paid either in London or in stated that others of the Directors had withdrawn.
the colonies and having stated the manner in Mr. Thomas wished to know what the object was in
which the Directors of the British and Australasian asking these particulars?
Bank had avoidea the service of legal process, he read Mr. Ashurst—l am desirous to know, because I may
the following arrangement in the four actions, to which have occasion to apply to the Lord Mayor to hold sonic
he and Mr. Thomas, Mr. Frederic Boucher's solicitor, parties to bail on a future day.
had agreed, but which; Mr. Frederic Boucher would Alderman PlRlE—Every one knows the respecta-
not allow Mr. Thomas to sign : bility of Messrs. Walker, of Sydney, who you, Mr.
In the Exchequer of Pleas, Boucher, say are your agents. If you prove t hat
Wheeler v. Boucher and :others. they have property of your's to the amount you men-
Butler v. same. tion, I shall take care that these poor men, whose bills
Reynell v. same. have been sent there, shall be paid.
Gifford v. same. Mr. Boucher-1 shall prove it most satisfactorily.
Memorandum, 29th July, 1840.—1 t is agreed be- Here Mr. Richards, a ship-agent, stated that he had
tween the undersigned attornies for the plaintiff and de- a short statement to make relative to the Adelaide
Pendants respectively, that the plaintiff in the first ac- agency. He had chartered a vessel in October, 1839,
tion shall declare in London, and the defendants pay to Australia with emigrants. One of them, named Pa-
into Court, within eight days of the delivery of the de- trick Hughes, had sold his pension, and had got an
claration, the amount of the principal on the bill, and order for 981. 10s. upon the agent at Adelaide. To
enter the rest at the rate of 41. per cent., and the action accommodate the poor man, he (Mr. Richards) had
shall then be held in the cause to determine the sole advanced him 281. 10s., and instructed his agent to get
remaining point between the parties—viz. whether the the amount of the order when the vessel should arrive
plaintiff is entitled to any greater rate of interest or at that place, and pay over the difference to Hughes.
exchange, or re-exchange, or other damages, in respect Yesterday, however, he had received a letter from
of the dishonour of the said bill ; and it is further agreed Adelaide, stating that the draft was unpaid, for there
that in the other three actions, the defendant shall par was no such bank there as that upon which it woos
the amount of the principal, and Si. per cent. interest, drawn. The poor man would, no doubt, be about the
as above, on each, and they shall, as to any further streets of Adelaide in a destitute condition. If the
damager, abide the event of the first action, defendants Manager of the British and Australasian Bank had
having liberty to try one of them also, if the plaintiff property in Adelaide, in whose hands was it, and why
is not satisfied with the principal, and Si. per cent. as not at once apply it to the purposes for which it was
damage. presumed to be intended ?
BARTLETT and BEDDOME, Plaintiff's Attorney. Mr. Boucher said that a gentleman of the name of
The five pleas in the action, the second of which Gouger had consented to act at Adelaide in behalf of
stated that the plaintiff had not used due diligence to the bank in the emergency occasioned by the absence
find the Local Directors in the Colony, although the of Mr. Charles Boucher.
Manager admitted that no such persons ever had been Alderman COPELAND said that it did not appear
there, and the third and fourth of which stated that the se to him that any thing at all had been done by the Ma-
cond and third parts of the 385/.bill had been paid in the nager of the British and Australasian Bank to have the
Colony, although he owned that they had not been paid orders of these poor men paid at Adelaide. The whole
there, were then read by Mr. Beddome, who designated of the business seemed to be delusion from beginning
them as most disgraceful. They were as follows : to end.
WHEELER V. BOUCHER AND OTHERS. Mr. Boucher read from his book what he said was
Abstract of the Pleas of the British and Australasian the copy of a leiter which he had sent to Mr. Gouger,
Bank in the action on Mr. Grote's Bill. in answer to a communication from that gentleman on
Ist. As to first count—That Grote did not indorse to the subject.:lt was dated 25th January, 1840, and said,
plaintiff. " Dear Sir,—l received on the 23d instant your very
2d. As to first count—That diligent search was not kind letter of the 6th of August. 1839, advising me of
made for the drawer and refusee. your having opened my letters to my brother Charles,
3d. As to first count—That plaintiff sues as Trustee and acted upon them in my behalf on account of this
for the South Australian► Bank, having become a holder bank. I fully and entirely approve of your said pro-
without the value, after the note became due, for the ceedings, and beg to thank you very cordially for your
benefit of the South Australian Bank, and that the friendly offices.
second of exchange was paid at Adelaide to the South ."Fouching the affairs of this bank, you will doubtless
Australian Bank before the commencement of suit. have done all in your power to protect its drafts on my
4th. As to the first count.—A similar plea, stating brother in his absence, to collect for account of this
third of exchange to have been so paid. bank, the bills, &c. which have from time to time, been
sth. As to residue of declaration—Non assumpsit. remitted to him, and to dispose, by the aid of Captain
Upon the whole of the transactions, it was impossible Walker, of the several consignments that have been
to entertain a second opinion. He (Mr. Beddome) addressed to him.
looked only fhr public justice. That must be attain- " Uncertain in every way as to the arrangements of
able. He felt greatly for the many unfortunate indivi- my brother, for myself, or for this bank, I commenced
duals who lied disposed of all they had in this country, a negotiation with the South Australian Bank here, for
and obtained all the assistance they could from their their protection of the drafts, but whilst they professed
friends to enable them to emigrate with advantage. As every willingness to do the needful, they exacted con-
a recompense to these poor people, Mr. Boucher, the ditions which, if not impracticable, were exceedingly
Manager of the British and Australasian Bank, had only onerous and needless, and your letter came to the rescue
last- week offered to give- bills on Sydney in- payment of just in the nick of time. I refer to other letters ad-
their claims, which were thus a third time to travel dressed to you officially from this bank, which is pros-
-10,000 miles to be no doubt again dishonoured. No-- poring exceedingly, and as soon as I can I will write you
thing could exceed the delinquency of such conduct, and inure particularly, but lam now obliged to conclude.
to add to all this, Mr. Boucher consummated the re- " I am, dear Sir, your's very truly,
spectability of the concern by the acknowledgment that " FREDERIC BOUCHER.
there was not money in it at the present- moment to " Robert Gouger, Esq., Adelaide."
discharge even their liabilities. Alderman COPELAND said the letter just read had
Mr. Thomas stated that the course he bad taken all nothing to do with the business. Mr. Boucher might
through the transaction was perfectly justifiable. He write letters of any kind to anybody. He wanted to
believed when his firm became solicitors to the bank, know whether Mr. Boucher had given directions, and
that the establishment was one of unquestionable re- to see proof of the fact, to Mr. Gouger to pay the or-
spectability, from his knowledge of a barrister and ders of the poor men, or the order of that particular
other gentlemen connected with it, but he candidly ad- person to whom reference had been made.
mitted that what had taken place on Saturday showed A great many questions were here asked, to which
that an investigation into its circumstances was neces- Mr. Boucher replied by general statements as to the
nary. With respect to the agreement in regard to the moral correctness of the transactions of the concern,
bills to which Mr. 13erido.ne had alluded, he could and much conversation took place with reference to
prove that an enormous interest was demanded from his dates of a variety of transactions. The books of the
clients. He (Mr. Thomas) had always advised that establishment, on being referred to, increased the con-
the principal and five per cent. interest should be paid fusion in which the affairs of the bank appeared to be
into Court, and that upon the decision in the one case involved.
the rate of interest should be regulated on the whole. The late LORD MAYOR suggested the propriety of
That such a course was not adopted was no fault of his, appointing an accountant to investigate.
and if he found that the statement made on Saturday Alderman PIRIE said that the investigation would
was borne out by facts, he should certainly give up all turn out to be wholly useless, It was quite evident
connexion with the bank. that the matter must be determined elsewhere.
Mr. Boucher—l shall most willingly give every fa- Mr. Boucher declared that the bank had between
cility for the investigation, and I shall prove beyond 28,000/. and 30,0001. in the hands of Messrs. Walker,
the shadow of a doubt that everything has been done of Sydney.
.with the strictest regard to honour. Alderman PIRIE—If they have, that will pay all the
Mr. Aslitirst—Pray, who are the Directors of the expenses of the investigation.
British 'and Australasian Bank? _That is a question Mr. Boucher—And if they have not, I shall pay the
which I have frequently asked, without being able to expenses. Let us say 28,0001.
obtain- a satisfactory answer. Alderman PIIRIE-Very well, 28,0001.
Mr. Thomas said that the prospectus would show The late Lord Mayor then, with the approbation of
who the proprietors were. Since that had been issued all present, appointed the following gentlemen to loves-
other names had been added. Ho had in his posses- tigate the accounts :—Mr. Beddome,Mr.Thomas, Mr.
sion a letter from a gentleman who had taken alarm at Wheeler, and Mr. Richards, an eminent, accountant.
the statements which had been made, and directed that In the course of the investigation the brother of
his name should be withdrawn. Messrs. Walker, of Sydney, attended at the request of
The late LORD MAYOR—Then he is what is called the late Lord Mayor, but could not speak as to any re-
nun eat inventus, cent transactions between these gentlemen and the Bri-
Mr. Thomas said that with all deference to the Lord tish and Australasian Bank.
Mayor, that observation did not apply. The gentleman The whole of the circumstances excited, as may be
was certainly out of the direction. supposed, a great deal of interest. The above is a
The LORD MAYOR—It appeared that his name was mere sketch of the proceedings.
not to the deed at any rate, which you showed to Mr.
Asburst on Saturday, for it was a deed without a name.
Mr. Thomas said that all he had stated on that occa-
sion was, that the deed was prepared, and that it was
ready for the signatures, which would be soon affixed.
'The gentleman he alluded to was a barrister, but he
did not consider himself justified in giving the name.
Mr. Beddorne handed in a copy of the names in the
prospectus of the British and Australtsian Bank, of
which the following is a copy :
PROSPECTUS.
" The British and Australasian Bank (incorporated
with the Australasian Loan Company). Capital, one
million sterling, i,a two series of shares of 201. each, a
portion of which will be reserved for allotment in the
colonies ; first instalment Si. per share.
" Directors—Frederic Boucher, Esq., Managing
Director ; W, H. Burnand, Esq., George Cox, Esq.,
Daniel Fryett, jun., Esq., James Brodie Gordon, Esq.,
George S. Ogilvie, Esq., William Henry Scarnctt,
Esq., Walter Scott, Esq., George Whitcomb, Esq.
(with power to add to their number).
" Trustees—Frederic Boucher, Esq., George Cox,
Esq., James B. Gordon, Esq., William H. Scaruett,
Esq., Walter Scott, Esq."
Mr. Boucher, after making the most solemn declara-
tions of strictly honourable intentions as to every trans-
action in which the Bank was concerned, said that all
the confusion and interruption arose from the shipwreck
of his brother Charles, for whose conduct he of course
could not be answerable. The Bank had remitted
money and goods to his brother to Adelaide, much
more than adequate to meet the demand upon that
agency ; and the return of the bills enumerated was
attributable to Mr. Charles Boucher, painful as it was
to him to acknowledge the fact.
Mr. Beddome—l ask you whether you did not know
that your brother had left the colony when you granted
Mr. Grote's bill ? Mr. Boucher—Certainly not.
Mr. Beddome—Why, I have shown that the fact
was known to others.
Mr. Boucher—That may be, but it was not known
to me.

BOW-STREET.
John Dumphey, keeper of a milk-shop, 5, Monmouth-
court, was brought up on a warrant, which charged him
with having, on the Ist instant, unlawfully opened his
house for the sale of gin, without being duly licensed.
Constable 7 F division stated that on Sunday morn-
ing he went to the defendants house about four o'clock,
and saw two men and a woman of the town enter. He
peeped through a crevice in the door, and beard one of
the men ca►l for a half-pint of gin, which the defendant
supplied them with, and for which he was paid 10d.
Mr. HALL—What sort of a house does he keep ?
Witness—A private house. About four o'clock he saw
another man and woman go into the house;and the man
having called for a quartern of gin, it was handed to him
by the defendant, but witness did not see it paid for.
Defendant—How far distant were you ? Witness—
about three yards from the door to where the gin was

served.
Defendant—Did you see me pour it out.? Witness
Yes, I did from the counter, as the parlour was not
closed.
The defendant denied the charge, and said that. it
was impossible for the officer to see into the parlour, the
door of which is constantly kept shut.
Mr. HALL—What business do you carry on ? De-
fendant—l sell milk in different parts of town.
Mr. HALL—Your milk appears to be stronger than
others in the same business.
Inspector Mullins said the defendant had been carry-
ing on such business ever since the alteration in the law
took place.
Mr. HALL—Then you have been looking after-him
for some time? Inspector Mullins—Yes, and we suc-
ceeded in apprehending him to day in the city. The
excise officers have been also after him for some time,
but they never could get him.
The defendant said there was no case against him.
Mr. HALL—The case is sufficiently made out against
you.
The constable said that he found in the house a can
containing upwards of three quarts of gin.
rhe deendant said there were only three pints in it.

Mr. Beddome here referred to the extraordinary let-
ters written by the Manager to his brother, one of
which told Mr. Charles Boucher that the other would
do to exhibit in case of need. What did the writer
mean by exhibiting in case of need ?
Mr. Boucher—Why, that he might exhibit it if he
pleased.
Mr. Beddome--Exhibit it for what purpose ?
Mr. Boucher—For what purpose? Why for no pur-
pose. I don't know for what purpose he was to exhibit
it. He was at liberty to exhibit it it he chose.
Mr. Beddome—Oh! For no purpose, or for any
purpose, I suppose ?
Mr. Boucher—l don't know for what purpose.
Alderman PIRIE asked what money the Bank had
sent out to Adelaide?
Mr. Boucher (as our Reporter understood him) said
that bills and goods to the amount of 6,0001. had been
sent there, and the bills drawn upon his brother at
that place did not amount to near that sum—not to
more than 4,000/.
Mr. Beddome—Did you not offer in payment of my
clients bills, other bills drawn upon Sydney?
Mr. Boucher—Yes ; wo have 30,0001. in the hands
of our agents, Messrs. Walker, in Sydney, and the
bills would, of course, be taken up there.
Alderman PlltlE—Thirty thousand pounds I
Mr. Boucher—l'll swear that we have in cash and
goods in Messrs. Walkers' hands, at Sydney, at any
rate, between 29,000/. and 80,000/.
Alderman PIRIE—I don't believe any thing of the
kind. This matter assumes a most serious appearance.
It is evidently nothing but a system of gross fraud, and
I have no hesitation in saying that it trust go before
another tribunal.
One of the hooks of the Bank, containing, as Mr.
Boucher said, the Adelaide accounts, was here handed
in, and—
Alderman COPELtND and Alderman Pfau looked
over it, and vowed, after asking several questions, that
it was wholly unintelligible to them.
Mr. Boucher observed that the matter at which they
had looked was merely explanatory, but Alderman
Pirie was a party intereaed; as he was a Director
of the South Australian Company.
Alderman PIRIE said that he was certainly interested
greatly about the poor men who had paid their money
arid been so scandalously treated. He felt an interest
for all who might be subjected to such treatment, but
his interest went no further, and he was determined to
do ail lie could to prevent the farther spread of theevil.
Mr. Beddome having asked the names of the Direc-

Inspector Mullins said that the defendant's mother
had been convicted twice for the same offence, and was
at present undergoing her sentence in prison.
Mr. HALL said that it was a very bad offence, and
had been going on for upwards of twelve months. A
warrant had been issued three different times during
that period, and in such cases his usual custom was to
inflict a moderate and reasonable fine, but as the law
gave him the power either to inflict a fine or imprison-
ment, hc would in the present instance adopt the latter
course, and order the defendant to be imprisoned and
kept to hard labour for one month.
Eliza Tathanz was brought up on a warrant, at the
instance of the parish authorities of St. Martin's-in-the-
Fields, charged with being the keeper of a house of
ill-fame in Leg-alley, Long-acre.
The defendant was ordered to find bail, herself in
SOL, and two sureties in 401. each, to answer the charge
at the sessions.

It is but an act of justice to mention, that the inha-
tants of Long-acre have for some time been taking
means for prosecuting the keepers of such houses in the
neighbourhood ; and this is the fourth instance in which
they have come forward to put down, as far as the law
will enable them, a nuisance which has long been felt by
the inhabitants and the public as a great annoyance.

----- -
The Marquis and Marchioness of Donegal have
left Ormeau, their seat in Ireland, for Leamington Spa,
where they intend passing the winter. The Earl of Bel-
fast is expected in town from Ramsgate, and after the
termination of his duties at the Palace will go with the
Countess and family to join his father at the above water-
in; place.
DEATH OF WILLIAM WALLACE CURRIE;
ESQ., OF LIVERPOOL.—Mr, William Wallace Currie, a
gentleman of great local influence in Liverpool, died at an
early hour on Wednesday morning, at his house, abcut two
miles from that town. Mr. Currie was the first Reform
Mayor of Liverpool, and his elevation to the civic chair,
when the Municipal Act came into operation, was thec buld est
compliment which the Reform party conceived they
pay to the liberality of his principles and the extent of his
acquirements. The father of Mr. Currie is well known
to tic literary public as the first biographer of Burnans, an
re-
d
his son was a gentleman of great taste, learning, d
finement. The deceased gentleman's death was awfully
sudden. Be retired to bed on the night of Tuesday in his
uittal state of health, having attended the meetings of the
Town Council on that and the preceding day, and at five
o'clock in the morning his wife found he ass in the ago-
nies of death. Medical aid was immediately procured, but
too late to be of service.