The Sun.
London, England, 1851-06-27 00:00:00

FRIDAY

val,•nt, a draft on the Bank of England, We should
have refused this draft in its original state if paid in to
the account of the Accountant-General.

Cross-examined—l know of no custom which prevents
a cheque crossed with one banker's name from being
paid to any o:her. The only effect of crossinz a cheque is
to prevent its being paid to any ordinary individual. The
custom cf crossing arose from the desire to prevent
the mere finder of a cheque from getting it cashed
in frvad of the drawer. It insures payment through
some banker—that is all. I know no custom which
restains the holder of a crossed cheque from putting
out the original banker's name and putting in an-
other and receiving the money. All:I know is that the
bankers pause when calkd on to pay double crossed
cheques; but there is no custom ❑ot to pay. I believe
the caution has grown up upon the comparatively recent
practice of crossing which is connected with the institu-
tion of the clearing house. Though a special first cross-
ing would require more caution, yet when the name of
the payee is a respectable one we should not hesitate to
pay it. . . .

he-examined—Taking into consideration that this
cheguß could not have been received at all at the Biok,
and that it was presented by Messrs. Goslings, one of
the most respectable firms, if they state d their customer
was in their belief a respectable man, this cheque would
have been referred to the Governor.

Henry Bryant Reynolds—l am principal in the town
office of Glyn's bank. I have known their business for
20 piars. Our general rule is to refuse payment to
double crossed cheques, but they aro very often paid
when wo get a satisfactory exp:auation of the case. I
almost invariably refer to one of the principals. Such a
cheque as this would certainly not be paid, but would be
referred to one of the partners, who would give directions.
Cross-c xamined—l have paid double crossed cheques
myself. I should do so when the second bankers are the
bankers of the payee.
Mr. Taylor, cashier of Sir Claude Scott and Co.—Our
custom is not to pay double crossed cheques. We refer
to the principal in all cases. Sometimes they are paid.
It all depends on the partners.
Mr. Rushton, cashier in Cox and Biddulph's—Our
general practice is to refuse double crossed cheques. I
have always refused them. I never referred any to the
partners.
Cross-examined—Ours is a small house, and I can't
refer to five instances.

Mr. Oliver Vile—l am the resident manager of the
London and Westminster Bank at Wesminster. Our
custom is generally to refuse double crossed cheques.
The form of this crossing would have led me to exercise
special caution.
This being the close of the plaintiff's case a discussion
arose whether the custom alleged had been proved,
which resulted in the Learned Attorney-General recall-
ing most of the witnesses for the purpose of eliciting
from them a fact which the Learned Judge thought had
not been clearly proved—that fact being the custom not
to pay crossed cheques except to the bankers whose
names were crossed.

This evidence having been given,
Sir F. TIIESIGER submitted that there was no case to
go to the jury, but
Mr. Baron MARTIN being of opinion that there was
now evidence in support of the first count,
Sir F. TIIESIGER addressed the jury for the defen-
dants, and at some length contended that his clients
were justified in the defence to this claim, which had
been prefered so long after the account had been closed
with the plaintiffs. He then proceeded to observe on
the evidence adduced by the plaintiff, mod concluded
by intimating his intention to call several witnesses
who could establish the custom to be completely a; va-
riance with that relied on by the plaintiffs.
The following witnesses were then called :
Mr. Stanley, cashier of the defendants—l remember
the fact of Mr. Straughan presenting the cheques, but
cannot speak to the circumstances positively. I think I
referred the matter to one of the firm before payment.
I have known banking sixteen years, and have known
cases where crossed cheques have been paid to other
bankers under certain circumstances. I paid both
cheques at the same time. Goslings were Gary's
bankers then.
Cross-examined—l can't say whether the smaller
cheque was crossed. In the case of a cheque crossed to
a banker and presented by another I should not pay un-
less I was satisfied by the representation of the clerk
presenting it that it was correct. The first crossing is
invalidated by the circumstance of the cheque befog
made payable to the Accountant-General's account.
Mr. Penny, a clerk in the house of Williams, Deacon,
and Co., since 1803.—The custom is to pay cheques
crossed to the bank and not to an individual over the
counter. There is no custom preventing payment to other
bankers. I have known multitudes of such cases. We
generally pay cheques when a new crossing is put and
the first has been erased. There is no custom to prevent
the payee of a crossed cheque from erasing the first bank
and putting in another.
Cross-examined—Formerly such payments were made
without inquiry; latterly inquiry is generally made.
That greater strictness has been introduced with the last
three or four years. We are satisfied if the cheque comes
to the said banker through a respectable house. We
have had frequent cases of an erased crcssing. If it
came through a respectable house I should say the first
crossing was a mistake, and I should pay it.
Mr. Hughes, cashier of Willis and Co., Lombard-
street—There is a custom to pay crossed cheques to any
banker presenting them. We require them to put their
names to them. We pay doubly crossed cheques, when
the first cross is erased, to the banker presenting. I
should pay them to either, the object of crossing being
to secure payment to some banker merely. There is no
custom to prevent a holder of a cheque striking out a
banker's name, and putting another in the cross.
Cross-examined—l should make the banker put his
name for my own satisfaction. I don't recollect any
such instance occurring. If this cheque had been pre-
sented by a West-end banker I should have paid it, be-
cause they do not go to the clearing house.
Mr. Drcwett, of the firm of Drewitt and Bowler—The
payment of a crossed cheque presented by another banker
depends very much on circurnstsnces. I do not think
there is any invariable custom. I know of none to pre-
vent its payment to the banker presenting. Where there
are two crossings I should pay the cheque if presented
by the payee's banker.
Cross-examined—l should not pay as a matter of
course, but would make inquiry, as I know the Bark of
England will not take a cheque for the Accountant-
General. I should pay this to the payee's hanker, for I
should suppose he wanted notes to pay to the Bank.
Mr. G. H. Barnett, for fifty-tour years connected with
Barnett, Hoare, and Co., Lomberd-street—lf a cheque
crossed is presented by an individual, inquiry would be
made, and if it be satisfactorily answered he should pay
it to him. If presented by a banker different from the
grossed name it would still be a subject for inquiry, and
it would be paid in the same manner. I know of no
custom to prevent our paying such a cheque under such
circumstances. Where a cross is erased and another
bank added I should inquire. I have always found the
banker presenting capable of giving satisfactory expla-
nation. I know of no custom to prevent payment. I
should certainly have paid this cheque.
Cross-examined—A very slight inquiry would have
sufficed, for the cross shows it was drawn for a purpose
which the cross defeated. I should have seen at once
that the drawer had acted in ignorance of the practice of
the bank. I have often paid cheques " and Co."
to parties presenting them, on inquiry, which satisfied
me of their respectability. I have never found reason to
regret such a practice.
At this stage of the case the court was adjourned, it
being six o'clock and there yet remaining several wit-
nesses to be called for the defendants.

BALLOON ASCENT OF MADAME GAR-
.NERON FROM CREMORNE GARDENS.
Madame Peinure Garneron made a second balloon
ascent from Cremorne Gardens yesterday evening. The
whole was managed so carefully, and with such evident
judgment, so fine was the weather, so unruffled was the
fair aeronaut, that the spectators lost every feeling of
even the slightest anxiety.
The balloon went up almost perpendicularly, and
hovered over the gardens for nearly half an hour, when
it slowly departed, travelling over Kensington Gardens,
Hyde Park, Paddington, and the Regent's Park, steadily
and almost deliberately in a north-westerly direction.
The air was so remarkably tranquil that at one time it
was expected that the spectators at Cremorne would
have witnessed the phenomenon of a descent as well as
an ascent. So agreeable and pleasant was the whole
spectacle, so charming the aeronaut, and so great the
nerve and spirit displayed by her, that the evening may
be considered as almost unique in the annals of public
amusement, the more especially as it was crowned by
the arrival of Madame Palmyro Garneron herself in the
gardens at the early hour of tee, where she was received
with loud acclamations of pleasure by upwards of 10,000
persons—the dance—the sports of the new Franconi's
Circus—the very suppers themselves being suspended to
afford her a hearty greeting. The lady it appears, after
following the course we have mentioned above, descended
in a field at West-end. Madame Paluayre Garneron
gives the following account of her descent:—
" After leaving the gardens liscended almost perpen-
dicularly, keeping the gardens in light and passing over
them more than once or twice, distinctly perceiving the
people. I then passed over towards Hyde-park, and
could distinguish Mr.Batty's Hippodrome, and hear the
band play in my transit. I crossed Hyde-park within
300 yards of the Crystal Palace, and about 600 yards
above it. The evening being so serene, I kept the bal-
loon at a low elevation that I might enjoy the sight of
the excitement of the people, who thought that I was
momentarily about to descend, and were running, riding,
and driving in every direction, sad even calling out to
me to cons° down. From time to time I threw out a
little ballast, and went up again, leaving my numerous
admirers and followers at fault. In this manner I drifted
onwards over to Bayswater, across Lard Holland's park;
and, after passing over the Crest Western Railway,
reached the Abbey Fields, near Kilburn. where I de-
ecended gently in a field of new mown hay, about four
fields' distance from the Swiss Cottage. About 5,000
people, of all classes, rushed to my assistance immedi-
ately; my balloon was speedily
,emptied, but the packing
was a work of more trouble, men I am infinitely indebted
to the police for the kindness as well as activity they
displayed in controlling the too great and overpowering
eagerness of the thousands present to assist me. I was
borne in the car, almost in an ovation, towards the Swiss
Cottage, where I found waiting the carriage of Captain
Smith, of, Crooms-hill, Greenwich, who, being in the
neighbourhood. had, with great feeling, directed his
coachman to follow and convey rue back to Cremorne
Gardens."

REPRESENTATIVE PEERS IN SCOTLAND.--There is
a Bill in the House of Lords, which has just been printed, to
regulate certain proceedings in relation to the elections of
representative peers in Scotland. It provides that a certifi-
cate from two peers of Scotland shall be a formal notice of
the death of a peer.