The Sun.
London, England, 1870-05-18 00:00:00

THE SUN, LONDON, WEDNESDAN, MAY 18, 1870.

THE BORROWING POWERS OF BUILDING
SOCIETIES.

LEGAL COURTESIES ON BOTH SIDES OF
THE ATLANTIC.
The New York Times describes a scene which took place
after the adjournment of the M'Farland trial, when a
lively passage occurred between the two leading counsel
on either side. The crowd was gradually leaving the
court room, and the Recorder, the City Judge, and
many . professional gentlemen within the Bar were
preparing to go to ex-Judge Russel's funeral,
when Judge Davis made a remark to the Re-
corder with regard to Mr. Graham's conduct of the
defence, saying that the latter had stated something in
one of his bitter speeches that he could not prove. Mr.
Graham, who stood near taking to the prisoner and Mr.
Gerry, overheard him, and, rushing up to Judge Davis,
shoutefl, " Do you mean to say that anything that I have
said is false?" Before Judge Davis could reply Mr.
Graham continued, shaking his clenched fist in Judge
Davis's face, " You country pettifogger ! you are not fit
to associate with gentlemen. I could undress you and
sank you like a child. You have insulted every witness
I brought ou the stand, and you've been paid money to
hang this man !" Mr. Gerey and several others rushed
up to Mr. Graham, and Recorder Hackett stepped up
and interfered, when Mr. Graham pushed him aside,
saying, "
Don'tinterfere ; you have no right to ; you
helped this man insult me by your rebuke from the
Bench." Officers then came between the parties and
they were separated, and this ended the matter. Th e
expletives which Mr. Graham used were not very choice
The crowd become highly excited, and one man proposed.
three cheers for John Graham, which were loudly given.
When Mr. Graham went out he was loudly cheered by
hundreds who had assembled on the staircase. The jury
had departed before this passage between counsel occurred.
The following is a companion sketch :—The Irish
Judges were occupied on Saturday., in the Court for
the Consideration of Crown Cases Reserved, in hearing
arguments in the case of " Regina v. Meagher." The
prisoner had been sentenced to penal servitude for
writing threatening letters ; and the strongest point
against him was that the three stamps on the letters he
was said to have written had been torn off a sheet of post-
age stamps which was found in his drawer. In the course
of Sergeant Armstrong's argument for the Crown, when
the learned counsel was arguing that the evidence in rela-
tion to the postage stamps pressed strongly against the
prisoner, the Lord Chief Justice (Whiteside) observed
that he did not see how any person of ordinary mind
could appreciate the force of the point made.—Mr.
Justice Morris said he happened to be a person of ordi-
nary mind, and he could see very plainly the cogency of
the argument, which was, in fact, almost conclusive.—
The Lord Chief Justice repeated that he could not see
it.—Mr. Justice Morris said if people did not under-
stand arguments, he could not help it. Arguments,
however, would be better understood if there were
less interruptions of counsel.—The Lord Chief Justice
said he considered that a most unwarrantable observa-
tion.—Mr. Justice Morris said he did not mean to be put
down by remarks of that kind. He had his duty to dis-
charge, and he would do it.— The Chief Justice said he,
too, had his duty to discharge, and he was not to be
lectured because he discussed the points of a case with
counsel.

A case involving the liability of directors of building so-
cieties came before Mr. Justice Hannen and a jury in the
Court of Queen's Bench. Mrs. Ann Elizabeth Richardson, a
widow lady, residing at Portsea, brought the action against
Messrs. John William Williamson and Charles Lucius
Lawson, two of the directors of the Imperial Permanent
Benefit Building Society, to recover a sum of £5O, being
the balance of £7O deposited with the society. Mr. Turner,
in stating the case, said that on the 17th of June, 1867,
that plaintiff deposited £7O in that society, and received a
deposit-note signed by the defendants, which note stipu-
lated that the money was held subject to 14 days' notice
of withdrawal. On the sth of May, 1868, she withdrew
£2O, and now sought to recover the balance, with interest.
Under the Act authorising the formation of building
societies, no power is given to such societies to borrow
money, and recently it had been decided in the Court of
Chancery that parties depositing had no claim upon such
societies for the money lent ; but the Lord Chancellor
threw out a suggestion that the directors might be made
personally liable. In that case one of the present defend-
ants had been one of the parties. On the sth of May,
1868, plaintiff gave notice, demanding payment of the
remaining £5O ; and having complied with all the require-
ments of the deposit note, she was entitled to have her
money back. If the society could not be sued, and the
directors were not personally liable, then the plaintiff's
money was gone. Therefore it was important to have the
personal responsibility of directors7decided.
Mr. Montague Chambers, Q.C., said the whole of the
facts were contained in the minutes of the society, the
deposit note, and the correspondence which had taken
place between the parties. It would therefore resolve
itself into a point of law, upon which the court might be
moved. It was necessary for him to point out, however,
that some time before the deposit note in question was
given plaintiff had deposited £lOO with thesociety. The de-
posit-note for that amount was signed by other directors than
those now sued. She withdrew £3O, leaving £7O in the
society, and it was for this the present note was given.
In reality no money was paid at the time to the defend-
ants.—Mr. Turner said that plaintiff wished to
withdraw the whole of the £lOO ; but the
officials of the society suggested that £7O should
be left in as a new loan, and the original deposit note was
given up.—His Lordship thought that fact was of no
value, unless direct personal credit was given to these
directors. The jury need not be troubled with the matter;
but he would take down the documents put in and ad-
mitted.—The documents having been duly entered, a
formal verdict was taken for the plaintiff for £57 14s. 6d.,
balance of deposit and interest, with leave to the defen-
dant to move the Court on the point of law, and power
reserved to the Court to amend as it thought fit. •

Le Siècle of yesterday says that the new French
Minister of Foreign Affairs, the Duc de Grammont, mar-
ried a daughter of the late Mr. W. A. Mackinnon, M.P.

A. Parliamentary Return issued yesterday morning
states that the following number of convicts were in the
undermentioned prisons on the Ist of March last—viz., at
Chatham, 1,495, at Portsmouth 1,081, and at Gibraltar
494. Most of them were employed on public works for
the War Department or the Admiralty.

Circulars have been issued at Norwich by Messrs.
Birkbeck and Colman, as representing the two sections of
the Liberal party, convening a meeting on Thursday, to
determine on a candidate. All leading Liberals have
been invited. Mr. Warner has written a letter, placing
his services at the disposal of the constituency.

Archdeacon Williams, in his charge to the clergy
at Swansea, on Monday, touching upon the education
question, said he considered Mr. Forster's bill, as a whole,
a fair and reasonable measure, though capable of modifi-
cation ; and he stronly deprecated, as savouring of into-
lerance, the claims of the secularists to banish the Bible
from our elementary schools.
CHANGE OF FORTUNE.—A man named Alexander
Munro was recently fined a few shillings in the City
Police-court for drunkenness, and was unable to
pay the money. Many years ago this man, who has lost
one of his legs, discovered a gold-field, which was
called " Pegleg Gully," in memory of the' finder's
wooden limb, and out of a hole which he sunk he ob-
tained £ll,OOO worth of gold. Every penny of this hand-
some sum he haslong since squandered. —Melbourne Argus,
March 28.

COUNT POTOCKI AND THE CZECH CHIEFS.—A
telegram from Prague states that Count Potocki's nego-
tiations with the chiefs of the Czech party have been
crowned with the most complete success. The Opposition
party among the Bohemians and Moravians have agreed to
return to the constitutional policg, and to send deputies
to the next Diet. It only remains to be seen in what
manner the party of German Centralists will receive the
proposed concessions which have been fixed upon as the
price of the reconciliation.

I THE DUKE DE MONTPENSIEII.—A Madrid letter
in the Courrier de Bayonne says :—"Letters from Seville
state that the Duke de Montpensier has been unable to
get himself elected to the Labradores Club. The members
refused to vote by ballot, and demanded that all names
should be called over. The duke's proposers did not per-
sist, in the face of so hostile a movement, in presenting
their candidate. The committee of the club gave in their
resignation, but the general body refused to accept it."
SUICIDE OF A " SPIRITUALIST."—A chemist's
assistant in Melbourne, named George Thompson, has
destroyed himself by taking prussic acid. The only rea-
son his friends could give for his desire to put an end to
his life was that his mind had become affected hi conse-
quence of his having joined the ranks of the Spiritualists.
he coroner's jury, adopted the same view, declaring in
their verdict their opinion that the deceased was of un-
sound mind, " brought on through reading books on
Spiritualism." _ _ _

The following kill has been circulated and posted
throughout Fermanagh :—" Rise, sons of civil and reli-
gious liberty, Orange and Green ! Meet me in Ennis-
killen on Friday next, in Fair-green, in defence of the
Queen and her throne, in defence of your lives and rights,
in defiance of all party government, in defiance of
ascendancy and
police magistrates who write in the
press that peaceable inhabitants are shocked to see
loyal men carriny arms to defend themselves against
assassination. United we stand ; divided we fall."
Great excitement prevails, and shots have been fired in
the streets.

It is probable that the Tariff Bill will fail, as the
Protectionists have a majority in the Representatives
When they unite their forces, although tho iron roasters of
Pennsylvania have been defeated. Mr. Wells may have
his office of Commissioner, which shortly will lapse, and
his tenure renewed, though he does not want it, as it has
made him one of the best abused men in the country,
while the pay scarcely suffices for the support of his family.
He, General Hawley, White of the Chicago Tribune, Gros-
venor of the St. Louis Democrat, Nordhoff of the Evening
Post, the late Secretary of the Treasury, .Mr M'Culloch,
and Amasa Walker, met at Washington to discuss the
position, arriving at the conclusion that the business de-
pression throughout the country is attributable to the
absurd tariff, and the irredeemable currency. As regards
the latter they propose contraction as a means to resume
specie payment; a reform in the Civil Service; and, of
course, for the former a modification of the tariff, deciding
to push for these objects regardless of party. Mr Covode
and other prominent Representatives declared on Thurs-
day during a debate on the tariff amendments that the bill
was certain to fail.

The Representatives were brought up by the
Speaker the other day with what sailor's call "a round
turn." Like naughty schoolboys they played truant, but
unlike schoolboys they are paid for the work they are
supposes to do ; so they have not even the schoolboys'
right to absent themselves without leave as they have
been in the habit of doing. For the preceding two months
the absentees averaged about 75 daily, little less than one-
third of the House. Mr. Dawes, who is acting as Speaker,
moved on the 23d of April to curtail the indefinite leave
already granted to May 2, unless otherwise ordered by the
House, and a copy of the warrant to the sergeant-at-
arms for the arrest of members -was given. Next day
brought a crowd before the bar, and the House suspended
business to hear the excuses. A member from Kentucky
was a very good boy, and had never been absent before ;
had only been delayed by stopping to purchase some books.
One gentleman was excused, as he was illin bed on Friday
evening ; it was not, however, on his own motion, for he
did not ask to be excused, but, on the contrary, pointed to
the example he had been set by other big boys-the
Chairmen of the Committees of Ways and Means and
on Appropriations. The latter happened to be Mr.
Dawes himself, who declared that he had not been
absent as asserted, though at the time of adjourn-
ment he was not in the Hall ; Mr. Schenck, however,
could not rebut the accusation, for be had been out
on a spree all Thursday, and bad had the Tariff Bill post-
poned, while he was larking about Virginia with his Ohio
friends. In a penitent tone he admitted the fact. He had
gone to Mount Vernon with the Ohio Assemblymen who
had come by in a body to Washington ; but it was the
only day he had taken for recreation during the session,
and the fine inflicted would be cheerfully paid. Mr.
Lynch commented severely on the ludicrous appearance
of the two members—the one in his capacity of judge,
and the other as prosecuting attorney.- Mr. Dawes, an-
noyed at theso remarks, asked what the gontleinan from •
Maine meant ; and, after receiving an explanatiOn,- asked
if he (Mr. Lynch) had any respect for what belonged to a
gentleman ? to which Mr. Lynch replied by expressing his
great respect for Mr. Dawes himself. It appears that
those Ohio legislators had acted as a sort of disorderly in-
undation, for other members had to be excused as they
were entertaining them; and one day on being admitted
to the privilege of the floor the noise fairly overpowered
the Speaker. General Schenck gave notice that he would
move fora call of the House daily to assertain, as he said,
who were present, but we presume 110 meant who were
absent.