The Sun.
London, England, 1846-02-21 00:00:00

Cbtrbf Vitation

QUEEN'S BENCH.-(THIS DAN.)

;Sittings at Nisi Prius, Guildhall, before Lord DENMAN
and a Special Jury).

POSTER V. THE BANE OF EIGLAND.
In this case Mr. Sergeant Shoe anu Mr. Pearson ap-
peared on behalf of the plantiff, and the Solicitor-
Ger eral and several others counsel for the Bank of
England.
The allegation of the plaintiff was, that she held
certain stock in the Bank of England, on which she had
received various dividends from time to time, or rather
that her husband, who died in 1838, bad received them,
and that she subsequently had received dividends in the
years 1839, 1840, and 1841; but that when she applied,
after the latter period, to sell out her stock, she was told
that her stock had been sold out in January, 1839. This
she positively denied, and therefore took an action for
the recovery of 373/. 195., as the amount which she
alleged still remained in the hands of the Bank belonging
to her. She also alleged that she applied for an in-
spection of the books of the Bank, but was refused.
The Sommost GENERAL, on behalf of the defendants,
said he would prove by competent witnesses that on the
23d January, 1839, the plaintiff had sold out her stock,
and that her account was closed then, and that therefore
she had misinstructed her counsel. The plaintiff sued
in forma pauperis, and therefore would incur no expense
if the action went against her. She complained of
having been refused access to certain books ; but that
was done in order to-prevent fraud, and was the practice
of the Bank ; but all the books to which it was neces-
sary she should have access were offered her. A
question of identity might arise ; but it would almost
be impossible for clerks to identify all the parties who
transfer stock, for the number was enormous during the
year—there were nearly 300,000 stock-holders, and
millions were transferred every year ; and therefore a
mark of identity was put in the book and on the warrant
at the time of transfer. That warrant would be pro-
duced, and so would Mr. Oxley, who had identified the
plaintiff. He had been dismissed from the Bank, but
not owing to this transaction. He (the Salicitor-
General) would now proceed to call his witnesses.
The first witness called was

Mr. G. F. Clerk, sworn—l am the principal clerk in the
New Three and-a-Half per Cent. Annuities office. Pro-
duces a copy of the late Samuel Foster's account, and a
copy of the transfer of stock in 1838 to his wife, and
William Oxley was the person who identified the par-
ties ; Mr. Oxley had up to that time been a clerk in the
office for 37 years ; he was dismissed in June, IP4I.
Produces the book, showinn, the sales of stock in
January, 1339, to plaintiff,' and witnessed by Oxley.
Upon that occasion a lady came to me, who stated she
was Mrs. Foster, and that Mr. Oxley had sold her stock
and paid her a greater amount of interest than the
Bank paid, but that she had lost all her money; she
made the same statement to the chief accountant, and
appeared to be in great distress.
Cross-examined—Mr. Oxley had access to all the
transfer books, and he could show other books like the
transfer books, if he chose, to an illiterate person, like
the plaintiff; he was dismissed for having absented him-
self. I have understood that his accounts with other
parties were not found to be correct.
Re-examined—There are two witnesses to the plain-
tiff's signature to the transfer, which is the:practice
when the signature is a mark. _ _

Mr. Ripon, one of the witnesses, corroborated the
above. In July, 1841, the plaintiff came to the Bank
and said Mr. Oxley had sold her stock.
Cross-examined—Could not say that the party who
came in 1841, and who signed the book in 1839, were
the same party.
Re-examined—The numbers who come to transfer is
♦ery great.
Mr. Durat—Was present at the transfer and wit-
nessed it ; does not know the plaintiff personally.
Mr. Oxley, examined by the SOLICITOR-GENERAL—I
was 37 years a clerk in tke Bank of England. I knew
plaintiff's husband two or three years, and herself also
for fire or six years ; she attended on my mother.
I remember Mr. Foster's death, it took place in
July, 1838. Plaintiff took out administration. De-
ceased was possessed of stock in the Bank at the time
of his death. Plaintiff sold 100/. of the stock to pay
the expense of the administration. I identified her on
that occasion. I also identified her upon other occa
sions of transfer of two sums of 201. each, and of the
2001. to herself. She afterwards applied for the balance
of 1151., and it was transferred, and I identified them. In
about two months after she came to me and brought me
between 30/. and 60/., with which I purchased stock for
her. She complained of the low rate of interest she was
receiving, and I said I could procure her higher in-
terest. She came on the 13th January, 1839, to me to
the Bank, for the purpose of selling out her stock, and
the transfer book now before me was placed before her,
and she put her mark upon it, and' Hannah Foster " was
written across it by another clerk, and:l identified her.
A person named 111'Neill, a stockjobber, was the party
who purchased upon that occasion. DPNeill paid the
money. After this I paid the plaintiff 101. interest half-
yearly. I made her four suoh payments up to January,
1841. I left the Bank in June, 1841.

Cross-examined by Mr. Sergeant SnEE—I am not
aware that she was an illiterate petfon. I believe she
could read. I withdrew from the Bank in 1841, and
went to Canada. I went without informing the Bank.
I lived at Chelsea before I went to Canada, with my wife
and children, and I left them there. You may call it ab-
sconding if you please. I left because I was in embar-
rassed circumstances. A Mrs. Hanby had an:account at
the Bank. She had 7001. stock, and I got it. I did not
pay it to her. I did not attest her identity, but
my broker did it.
Did he know her by any other way than by your
telling him ?—I don't know. I gave her no security for
her money.
How long was that before you absconded ?—About
four or five years. I gave Mrs. Foster no security, nor
did I tell her how it was to be invested. The transaction
took place at her own apartments, and there was no
person present- Well if you will have it, I told her I
would procure her that interest for her. It was under-
stood between us that her money would be secure. I
was insolvent at that time. I did not owe more than about
2,0001. at the time.—(Laughter.) When I paid the
plaintiff the interest I used to make her put a mark in
a small book. She did this four times before I ab-
sconded.
Ro-examined—A person receiving a dividend signs a
book aad a warrant.
To the COURT—I returned from Canada in 1842.
To Mr. Sergeant SLIEE—I have not been to see Mrs.
Foster since.
Mr. Smee—l am chief accountant in the Bank of
England. I recollect Mrs. Foster coming to my office
and stating that she had lost all her stock. I found that
her stock had been properly transferred, and told her
that the Bank could afford her no relief. I do not re-
collect anything of a memorial.
Cross-examined—l don't recollect that I said I could
not show the books unless the Bank got a release. I
don't recollect that the gentleman now pointed out to mo
in Court called upon me for that purpose. I don't re-
collect an attorney applying to me for the purpose.
You don't recollect anything ? I don't.—(Laughter.)
Do you recollect Mr. Oxley?—l do.—(Laughter.) I
never saw him since his return from Canada until this
day.

Mr. Bockett, clerk in the Bank, paid the dividend to
the party whose name appeared on the warrant.
ilerethecaa
seenlonszd
Mr. Sergeant having
ques-
tionplied,
lay in a very narrow compass.o and said the His Loansuir briefly summreed
the satisfaction mantioonfwtahs,
whether it had been proved to
jury that the plaintiff had transferred her stock, and thate
she was aware of it ? No doubt the jury should' regard
the evidence of the witness Oxley with great suspicion ;
but they should also consider whether they had evidence
sufficient without that of Oxley to convince them that
this transfer had been made. And here he should ob-
serve that it would be just as well for the Bank, in all
such transactions, to afford the fullest information pos-
sible to all parties making such applications.
The jury retired, and in about half an hour returned
into Court with a verdict for the defendant.

NIBB V. HERBERT.
This was an action for the recovery of 2061„ duo by
a promissory note. The defendant did not appear, and
the jury found for the plaintiff.

FRIDAY NIGHT'S GAZETTE.
ST. JAMES'S PALACE, FEB. 17.

The Queen has been pleased, on the nomination of Lord
Forester, to appoint the under• mentioned gentlemen to her
Majesty's Honourable Corps of Gentlemen-at-Arms—Erin
Vardon, Eaq., vice Hodgson, and Henry Blalock, Esq., vice
Trick, who have retired.

WHITEHALL, FEB. 19.
The Queen has been pleased to nominate and appoint the
Right Hon. Henry Pelham Pelham Clinton (commonly called
Earl of Lincoln), to be one of the visitors of Maynooth Col-
lege, in the room of the Right Hon. Sir Thomas Francis
Fremantle, Bart., resigned.
FOREIGN-OFFICE, FEB. 17.
The Queen has been pleased to approve of Don Jose Maria
Mendoza, as Consul in London for the Mexican Republic.
CROWN-OFFICE, FEB. 20, 1846.

MEMBERS RETURNED TO SERVE IN THIS PRESENT PARLIAMENT
County of Dorset—Henry Tier Seymer,:of Hanford House,
in the county of Dorset, Esq., in the room of the Hon. An-
thony Ashley Cooper, commonly called Lord Ashley, who
has accepted the office of Steward of her Majesty's Chiltern
Hundreds. John Floyer, of Stafford, in the county of Dorset,
Esq., in the room of Henry Charles Sturt, Esq., who has
accepted the office of Steward of her Majesty's Chiltern Hun-
dreds.

County of Suffolk (Eastern Division)—Edward Sherlock
Gooch, of Beacon-hill, in Martlesham, in the said county of
Suffolk, Esq., in the room of John Lord Henniker, who has
accepted th© office of Steward of her Majesty's Chiltern
Hundreds.

City of Westminster—Sir De Lacy Evans, K.C.8., in the
room of the Hon. Henry John Rotas' who has accepted the
office of one of the Commissioners of the Admiralty.
WAR OFFICE, Faß. 20.
Ist Foot Guards—Capt. the Hon. C. H. Lindsay, from 43d
Foot, to be Lieutenant and Captain, vice Coulson, who ex-
changes, Feb. 20.
37th Foot—Lieut. E. D. Atkinson to be Captain, by pur-
chase, vice Cassan, who retires • Ensign A. B. Cator to be
Lieutenant, by purchase, vice Atkinson C. S. Blois, Gent.,
to be Ensign, by purchase, vice Cator, Feb. p.
48d got-14%4%4Z and Captain 091114 p, from