The Sun.
London, England, 1869-02-18 00:00:00

CUASCED,Y PROCIEEDINGS AGAINST AIR
ITARVEY LIIT3TIS, 111. P.

providing that if the old firm retain any realised securities

for the purpose of helping them to get in those not
realised, the same shall be debited when retained, and

credited when paid in. The "suspense account" was also
to be credited with the interest on the pre•payment of the

shares taken by the members of the old firm, with
the dividend on the same, and the produce on their

sale. On the debit ba'ance of this account
interest was to be paid. On the part of the limited com.

pany it was provided that they should have a lien on the

shares held—in payment of goodwill—by the members of
the old firm. The " suspense account" was to have re-
mained open until the 31st of July last, only, unfortu-
nately, these "excepted accounts" and other things had
long before so embarrassed the company as to cause it to
"suspend" payment.
It should be added that Mr. H. G. Gordon, one of the
directors of the Limited Company, says, in answer to the
charge of fraud, " All I can say is, that the lawyers are
alone responsible for the legal forms that were used under
their advice. I believe that two deeds were suggested and
prepared by an experienced counsel, under the instructions
of the company's solicitors ; and I know that they were I
sanctioned by another experienced counsel, instructed by
independent solicitors, whom the new directors retained
g to the company a
for the special purpose o securin
regular and efficient transfefr."

It is generally understood that Sir John Barring-
ton will be the Conservative candidate for the representa-
tion of Dublin city. It appears that Bradford will witness
a contest for the vacant seat after all, since the proposal of
a test-ballot has faller to the ground. Mr. Thorupson's sup-
porters have declined the request of Mr. Iliall's friends, and
the example of Manchester will not be followed.
DEATH FROM THE STrNG OF A BEE.—Mr. Samuel
Perkin, of Beardon, in the parish of Boyton, near Laun-
ceston, has met with his death under the following circum-
stances :—Deceased, in moving a hive of bees, broke the
comb. He subsequently went to look at the bees, when
one of them stung him in the neck, on or near the
jugular vein. lie immediately felt faint, and died in 15
minutes.

FATAL ACCIDENT THROUGH THE FLOOD.—Two
men employed by Mr. Hoperaft, brewer, of Brackley,
were attempting to go through the flood near Oxlane-
bridge, at Lenborough, in the parish of Buckingham, on
Friday, when the force of the current swept them away,
and the men and three of the horses were drowned. The
bodies of the men were taken to the New Inn, where an
inquest was held before Mr.. King, and a verdict of acci-
dentally drowned returned.
POOR ASYLUDIS.—Mr. Torrens has given notice
that on Wednesday, the 10th of March, he will mova " That in the opinion of this House the proposed
expenditure on district and separate asylums under the
Metropolitan Poor Act of 1867 is excessive ; and
that no further outlay for such purposes ought to be
sanctioned by the Poor-law Board until full inquiry
shall have been made into the expediency of the same
for the better relief of the sick and infirm, and into the
ability of the ratepayers generally to bear such increased
burthens."

A man named Illingw•orth has committed suicide
at Oscett by burning himself to death. Persons who wore
passing the house observed a glare of light proceeding from
the kitchen of the deceased, and went to see tti hat was the
matter. To their surprise and horror they found Kling_
worth seated on a pile of burning coal on his own hearth in
a blaze. They rushed into the house, dragged the man off
the fire, and extinguished the flames. The deceased was
able to say, iu answer to a question, "1 s:tt down on the
lire. It was my owu evil deeds that caused me to do it."
He died shortly afterwards.

Another case of lynching is recorded in ono of
the American pipers. A negro of Memphis eloped
with the white daughter of his employer. It
is not stated that the young woman was forced
to go wits her black admirer, but her parents at least
objected, and somehow the negro fell into the sheriff's
hands. The Ku-Klux-Klan delivered the man from cus-
tody, and then proceeded to dispense justice in accord-
ance with their own ideas. They first poured
turpentine over him, "hung him up by the neck, and set
him on fire 1 When half roasted, he was allowed for the
I,noment to escape, but was shot down in the attempt." This
outratie le que pt tfie m)At licniblo on record.

THE TWO DEEDS OF OVEREND, GURNEY,
AND CO.

A great deal has been said about the "two deeds"
executed by " Overend, Gurney, and Co." The charge
against the directors in respect to them is that in their
lealings with the old firm, as to the assumption of the
susiness, they fraudulently separated their transactions
.nto two indentures, the one disagreeing in many
material points from the other ; one having in
't such as might go before the world, the other
:ontaining what was most convenient to "keep
;lose." These two deeds are now published, and, as was
stated at the Guildhall, there is a great divergence the one
!rom the other. This is most marked with respect to that
!arge item, " excepted accounts.' These accounts are
iescribed, in a schedule to the second deed, as referring
to allmatters outstanding between the old firm, theMillwall
::',ompany (transactions including a large sum), all accounts
'resettled as to bankrupts, or companies in liquidation, all
accounts as to companies which had become dissolved,
tnd all open accounts "in respect of any unrealised
property or security (if any) accepted or taken by Overend,
Gurney, and Co., in satisfaction or settlement of any
account which has heretofore been open or subsisting and
insettled."
With regard to the "excepted accounts," the first deed
provides that the old firm shall still retain the title
'Overend, Gurney, and C 0.," for the express purposes of
winding up, closing, liquidating, managing, settling,
and arranging any outstanding accounts, debts, liabili-
ties, transactions, business matters, affairs, or things
incidental to or connected with the business of
Overend, Gurney, and Co., which the directors of
the Limited Company shall deem it expedient shall
be wound up, closed," &c. It is further provided that all
securities, bills, promissory notes, mortgages, or property
)f any description in connection with these accounts shall
be retained by the old firm. Indeed the spirit of the
whole arrangement would seem to be that the Limited
company should have nothing whatever to do with these
matters.

In the second deed, however, a totally different agree-
ment is made. Here these " excepted accounts" are
required to be balanced on the 31st of July, and, in respect
to them, an " 0 verend and Gurney suspense and guarantee
account" is ordered to be opened between the old and
new firm. This "suspense and guarantee account" shall
(it is provided) be debited with the total amount
at debit of the " excepted accounts" when these
are balanced, on the 31st of July, with all
sums that shall become due from the old to the
new firm under the first indenture, with the rebate of dis-
count on current bills and notes, and with the unpaid
interest on deposits to the day of transfer. The account
.the deed goes on to say) shall be credited with the
£250,000, half of the goodwill which the Limited Company
agree to pay, the price of the premises and furniture, the
balances of " private ledger account," and the not
money realised from the securities connected
with the excepted accounts. Then comes a clause
enacting that any money lent to the old firm in
respect of these " excepted accounts" shall also be
debited to the "suspense and guarantee," and another

Judgment in the long and important trial instituted by Mr.
Gray and other shareholders in a joint stock company called
Charles Lafitte and Company (Limited) against Mr. Harvey
Lewis, M.P. for Marylebone, and other defendants, was de-
livered on Tuesday by Vice-Chancellor Matins, in a court
which was crowded with commercial men. The
facts of the case were referred to at length by
his Honour in the course of an elborate judgment.
The Vice-Chancellor having disposed of the vari-
outi objections which had been taken by the de
Pendants to the institution and character of the
suit as stated in emphatic language that the object,
of the meetings held by the directors as stated alone
were entirely illegal, and were for the purpose of giving
falsehood the appearance of truth. Consequently no one
who was a party to what tcok place would
be allowed to receive any benefit from the arrange-
ments then entered into. The intention of the effect of the
plan pursued by the directors was directly in opposition to
the rules of the bill, which did not admit of the purchase of
its own shares. The National Bank must have been aware
of the character of the proposed arrangement, and if not it
was one of so unusual a kind that the directors ought
et once to have set themselves to inquire into it.
They were bound to regard the money paid into their hands
for a specific purpose as applicable to that purposo above.
On the whole case," said the Vice-Chancellor, "I must
pronounce the proceedings as false, fictitious, and fraudu-
lent." The National Bank would be held liable for the re-
turn of the £230,000, as also must Mr. Harvey Lewis, Mr.
Kitson, and Mr. Bates, who had been guilty of a breach of
trust. His Honour further decreed that the National Bank
and Messrs. Lewis, Renshaw., Kitson, and Bates must pay
:he costs of the suit. He felt more sympathy for the share-
holders of the National Bank:, but they must suffer for the
icts of their director; Tho bill was dismissed against the
Dther defendant; without costs, except Sir John Ennis, who
was entitled to costs. The costs of the official liquidator
would come out of the estate from where the money was t'
bo got.