The Sun.
London, England, 1869-01-06 00:00:00

THIS DAY.

The further heating of the summons taken:again&
the directors of this company on the application
of Dr. Thom, which charged them with conspiracy
to d efraud the public of £5,000,000 stetliug, was
proceeded with this morning before the Lord Mayor
and Alderman Gabriel, in the Court of Queen's
Bench, Guildhall.

The court was crowded in every part.
The first witness examined was Mr. Sevine, the
secretary to the Committee of the Stock Exchange,
who proved to the fixing of a settling day in the
shares of Overend, Gurney, and Co. (Limited), in
August, 1865. The prospectus and deed of trans-
fer of the old company to the new was received in
the usual manner. The capital of the new com-
pany was set down at £5,000,000, in 100,000
shares of £5O each, £2 to be paid on allotment.
Mr. Slater said he was a member of Lloyd's, and
at the request of Mr. Gordon he was direct to hold
himself in readiness for an appointment. He was
eventually ca lied upon to act as temporary secre-
tary of the new company, and be attended after
that in that capacity. N•o minute book was kept
between the 12th and 20th of July, and no entries
of any description of business transacted was made
between these two dates. He distributed a bundle
of prospectuses to the public, and he bad no doubt
all the defendants attended at the offices of the com-
pany. He recollected a meeting of the directors at
which be was not allowed to be present, a resolu-

tion was passed, but it was entered in a book kept
for special purposes. The resolution was not en-
tered in the ordinary minute-book. He was directed
to withdraw very frequently from the board-room
by the directors. He knew the seal of the company
was affixed to three deeds, but he only saw that
sent to the secretary of the Stock Exchange. The
witness said he could not tell the number
of shares held by each of the defendants.
The fact ought to appear on the allotment
sheet. He ceased to be secretary in January, 1866.
All the shares were allotted at that time. Mr. Boyce
was then regularly appointed secretary. He could
tell more of the management than he (witness)
could. Mr. Barkeley left England in his own yacht
in July, and did not return until the following
August. Mr. Barkely was down for 1,000 shares,
and he paid the £l5, but he did not know whether
he had paid the two £lO calls.

At this point the Court adjourned for re-
freshment. On the re-assembling of the court
the witness was further examined as to the money
due from certain of the directors upon the shares
they were set down as having subscribed for,
amounting in value to about £250,000, and was
asked whether he could find any entry in the
banker's pass book of the company as to
the payment of any money on those shares
of the defendants. He said he believed a sum
of money was so paid, but he could not find an
eutry to that effect in the book referred to. He
knew that some of the directors did not get the
shares they set down their names for on account of
the demand for them by the public. Mr. Rennie
he perfectly reollected did not get his 500 shares ;
he waived his right to them at the solicitation of his
brother directors.

Mr. Howell, the accountant, was then called,
and his deposition which he made on Satur-
day was then read over to him. At its conclusion
he was cross examined as to many of the items
set down, but the witness only went Ifurther into
detail with respect to the accounts of the new com-
pany after the stoppage, but the effect of his cross-
examination was merely to strengthen the state-
ment he had already made.
At the rising of the Court the further hearing
was adjourned till Friday.