The Sun.
London, England, 1869-01-18 00:00:00

STEEPLECHA

FEBR

Wolverhampton
Carmarthen .. 3. 4
Edgeware .. 4, ö
Teuby 5
Birmingham ,t, 9
Chippeuham 10, 11
Streatham 11, 12
Lincoln ld, 17

Liverpool 3
Shrewsbury , . 5, 6
Mahon
Rugby (Grand Mil.) 8,
9 I
Kingsbury 12, 13
AP.

Aldershot 1, 2
Bromley 1, 2
Abergavenny l, 2
Lichfield ..6, 7
Southdown Hunt .7
Cambridge 7, 8
Cheltenham 7,..8.

Eglinton Hunt 6, 7 1
Bt. Albans
J1:1

Kingsbury
AUG

St. Albans..

OCT,

Bromley
4

LY.

NAVAL AND MILITARY INTELLIGENCE.

A 'telegram has been received reporting the
arrival at Suez, from Bombay, on the morning
of the 16th instant, of her Majesty's Indian troop-
ship M .lAbar. Her troops will be brought from
Alexandria to Portsmouth in the screw steamer
Helve ti a.
The screw steam corvette Brisk, 16, Captain
Charles IV. llope, recently returned from Aus-
tralia, is now in Keyham steam-yard, where she
will be partially stripped ; her fixtures and masts
will not be disturbed. The crew will be paid off
to-morrow.

The screw steam corvette Cossack, 20, Capt. John
E. Parish, was under orders to leave Plymouth
Sound yesterday for China, weather permitting.
The works ou St. Catherine's Rock Fort, near

Tenhy, are being successfully proceeded with. Dur-
ing the past two months the weather has been so
stormy that considerable difficulty has been expe-
rienced in procuring and landing granite and other
materials, but this is now to a great extent obvi-
ated by improved arrangements.

The ironclad turret ship Monarch, 7, 5,102 tons,
1,100-horse power, nominal, Captain J. R. Com-
merell, C. 8., V.C., again got up steam yesterday
morning, and was taken outside the Nore in the
direction of the Girdlers, for the purpose of giving
the ship's machinery several hours' working, and
to enable the officials who conducted the trial on
the part of the Controller's and the Steam Depart-
ments of the Admiralty to report on the character
and action of the machinery. The vessel got under
way at 11 a.m.. the officials on board being Captain
the Hon. A. A. Cochrane, C. 8., commanding the
Steam Reserve, who had charge of the ship through-
out the day ; Captain W. C. Chamberlain, super-
intendent of Chatham dockyard ; Mr. Williamson,
chief inspector of machinery afloat ; Mr. Eames
assistant-inspector ; Mr. W. Dawson, assistant-
master-shipwright. The ship's machinery was
again under the direction of Mr. E. Humphrys
and Mr. Alltrey, who represented the contractors,
Messrs. Humphrys, Tennant, and Co., of the
Deptford-pier Works. The engines were kept at
work until nearly dark, with results of the two even
rather more satisfactory than those obtained on the
previous day. The maximum number of revolutions
of the screw obtained on Thursday was 57, but
during a great portion of the steaming yesterday 60
revolutions per minute were indicated, with the
boilers furnishing an abundant supply of steam,
at a mean pressure of 301 b. The trial being made
on the part of the contractors, no attempts were
made to time the runs, and the ship was not placed
on the measured mile ; the results achieved, how-
ever, would show a mean speed of between 14 and
15 knots per hour, which was deemed highly satis-
factory. Throughout the trial the engines—the
largest yet turned out for the Admiralty by Messrs.
Humphrys and Tennant—worked with the greatest
regularity, without any hot bearings or priming
of the boilers. At the close of the trials yesterday
s' and to-day will proceed
afternoon the Monarch steamed into the harbour
tvoi
thhe formerher outfitmooring prepare for
early commis-
sion.

Colonel Thomas Dudley Fosbroke, Plymouth
division of Royal Marines, died on Friday in the
Royal Naval Hospital there. Ile entered the ser-
vice as Second Lieutenent on the 30th November,
1832, was made Captain the 17th May, 1848, and
Lieutenant-Colonel the 21st November, 1859, and
retired on full pay the 11th July, 1860. He was
actively employed in New Zealand in 1846, was
at the surrender of Bomarsund in August, 1854,
and served in the expedition to the Baltic in 1855.
The Theresa has been chartered by the Govern-
ment for the conveyance of troops to the West In-
dies, and will embark at Gravesend detachments
for the Royal Artillery, 47th, 84th, and 2d West
India Regiments, to the number of 168 non-com-
missional officers and men, with six soldiers' wives,
two children, and three officers. The vessel was in-
spected on Saturday by Brigade-Major W. Lynch
and the officers of the medical staff at Chatham,
and she is under orders to receive her troops ou
board to-day.

PROCEEDINGS AGAINST THE-DIREcToRs
OF OVEREND. GURNEY, AND Co.

The criminal suit against the direcbors or Overend.
ney, and Co. (Limited) was resumed in the Count of
.grueen's Bench, at the London Guildhall, on Saturday,
iiefore the Lord Mayor and Sir Thomas Gabriel. The
court was again,crowded.
Mr. Lewis, jun., conducted the case on behalf Dr. Adam
Thom, the prosecuting shareholder, and the six defendants
(who occupied seats below the counsel) were represented as
follows•:—For Mr. J. H. Gurney, Mr. E. H. Gurney, and
Mr. E. Birkbeck—Mr. Serjeant Ballantine and Mr. J.
C. Matthew appeared ; Mr. Barclay was represented by
Serjeant Parry and Mr. Montagu Williams ; Mr. Gordon
by Mr. Serjeant Sleigh and Mr. Ledgarcl ; and Mr.
Rennie by Mr. Hardinge Giffard, Q.C., Mr. Poland, and
Mr. Gardyne. _ .

At the commencement of the proceedings, Mr. Lewis
said he wished to examine Mr. Howell with reference to
the £71,000 withdrawn, but it was postponed till later on.
Robert Palmer Harding, an accountant in the firm of
liarding and Whinney, Old Jewry, said he was appointed
with Mr. Turquand as official liquidator the clay after
the stoppage of the company. The shareholders had then
paid £1,250,600. Two calls of £lO per share were made,
and the amount received in respect of them £1,652,400.
The first call was made on the 20th August, 1866, and this
Lad produced, including interest, £846,500; and the second
call, on the 3rd June, had produced, including interest,
£805,941. That had been distributed amongst the
creditors.

Mr. Lewis : Is there any probability of any of that
money being returned?
Witness :My impression is there will not he. Over-
end, Gurney, and Co.'s liabilities, after the expenditure of
this money, are £950,000. The indebtedness of the limited
company on the 31st December last was £950,000 after
what had been paid. The liquidators determined yester-
day to make a call of £5 per share more, and it is found
that they could not meet what falls due in March next
'otherwise. This call will amount to £500,000. The
calls of J. H. Gurney have not been paid. The old firm
of Oyerend, Gurney, and Co. filed a deed of inspectorship
after the failure of the limited company. They were
„indebted to the limited company to the amount of
2'2,970,168, without any of the calls which have since been
made on the shares of the defendants, which amounted to
£164,000.
Mr. Giffard objected to this sum as being attached to
the defendants, as some of them had been so low in the
market.

Mr. Lewis : There were the 1.6,666 shares originally
held by the defendants ; 8,000 shares had been sold at a
premium, and the other 8,000 remained unsold, and in
respect of those shares the calls of £2O per share had not
been paid.
Mr. Lewis : How much has the limited company bene-
fited by the deed of inspectorship ?

Witness : £595,973, and it is estimated that there will
be another £lOO,OOO of available assets.
Examination continued: The present call of LT per
share is not in any way affected by the present proceed
ings. There were assets outstanding due to the limited
company which were expected to realise £1,051,000, which
was more than the present indebtedriess of the company.
The Atlantic Royal Mail Steam Packet Company owed
£848,000 at the time of the failure ; it had been reduced by
a transfer to a total indebtedness of £837,372. Nothing
further was expected from that source.
By Sir Thomas Gabriel : Do you know whether any
securities were handed over by the Atlantic Company, and
whether anything was paid besides what you have
mentioned ?

Witness : That belongs to the excepted accounts.
By Mr. Lewis : Was not your partner paid a fixed
sum every month by the Messrs. Gurney to liquidate the

accounts ?

Witness : No, that is not so. Our firm was paid
£5,000 by Messrs. Gurney and Co. for the expenses of
going over the accounts of the Atlantic Company and
the East India Shipping Company, in July 1865.
Since the stoppage of the Atlantic Company, except the
payment in May 1866, £572 only had been paid in cash
to the limited company.
Mr. Giffard suggested that counsel should be allowed to
cross-examine on each item, and, with the leave of the
court, the witness was asked what was the nature of the
securities of the Atlantic Company, and he replied that
his partner (Mr. Whinney) had liquidated, but he believed
there were bur steamers.
Mr. Lewis then asked whether the East India Corn•
pany's debt at the date of the transfer was £406,000, and
at the stoppage whether that had been increased to
£578,000, to which witness replied in the affirmative.
Witness explained that the East India Company had
transferred several ships of the value of £150,000, sub-
ject to mortgages, however, for a sum of £239,000, money
lent by the Messrs. Gurney, who were the transferees.
Vice-Chancellor Kindersley made the order for the dis-
posal of the East India Company's ships to the Messrs.
Overend, Gurney, and Co. in June 1865, whereby the
latter accepted the mortgages, which the limited company
had paid. The ships had been sold and realised £98,500 ;
the nominal amount for which they were sold was £126,500
but allowances had had to be made.

By Mr. Lewis : The limited company had paid £52,000
as mortgages ; and of the £406,000 no money had been
received by the limited company. The Overend, Gurney,
and Co., had at the winding up taken the ships of the
East India Company, in respect of their debt of £139,000,
and the amount of total indebtedness of the East India
Company was increased by their taking shares ill the
new company on which nothing had been received.

Mr. Giffard cross-examined witness with the view to
shew that no ships had been sold a considerable sum under
their value. Witness said his firm had the sale of the
ships, and they could not realise the amount of mortgages
on these, viz., £52,000. 'The Atlantic Company's vessels
held as securities by Overend, Gurney, and Co., had a
mortgage on them for £250,000, and as the ships could not
be sold for more than £120,000, it was agreed to hand
them over to these mortgagees. The ships remain unsold
at the present time.
Re-examined by Mr. Lewis. [The endorsements on
some documents were shewn to witness, to identify the
signatures of the defendants, but witness could not swear
to them.] Letters were then put in and read. The first
was a letter written by Mr. Daniel Gurney to Mr. J. 11.
Gurney, his nephew. It was dated July 1865, and referred
to the effect of becoming security when the transfer was
made to the new company. Mr. D. Gurney said, "in
the event of a real catastrophe all his family and himself
would be in a state of total destitution, or nearly so." In
another, Mr. D. Gurney asked, "Is there any condition
that we must not sell our shares in the new compary under
a certain time ?" After the reading of these,
Witness's examination was continued : The Greek and
Oriental Steam Navigation Company appeared in the
books of the new limited company as debtors to the
amount of £144,144 ; this had been transferred by the old
company. Witness had not been able to find any office
of this company, but his colleague, Mr. Turquaud, and
himself, had been otherwise occupied. Some small sums
had been received.

Sir Thomas Gabriel : Why have not steps been taken?
Witness : They were not considered necessary. If we
thought we could have realised, steps would have been
taken.

Sir Thomas Gabriel: Did you learn the truth from the
directors by ascertaining the nature of the debt ; and, if
so, tell us what you learnt ?
Witness : My colleague will be able to answer.

The Lord Mayor : We expect from a liquidator a
plain answer to a plain question—(applause)— and you
must be able to give us some information.

Witness : There were £19,000,000 at the failure, and
we have not been able to get all the particulars of
accounts.

By Mr. Lewis : There was in 1864 a debt of £42,686
due from the Greek and Oriental Steam Navigation
Company. _ _

Mr. Lewis How do you account for that being in-
creased to £144,000 in 1865?
Witness : On the 3rd July, 1865', there had been a

transfer of £lOl,OOO. The interest had been calculated
from July 1862. After this transfer there was no
interest in the books.

Sir Thomas Gabriel : You say you are the liquidator
of that estate, and you have not given us any reason why
you have not made inquiries about that large sum of
£144,000.
Witness : It is not in existence.
Sir Thomas Gabriel : How do you know it does not
exist ?

Witness : I have an impression-
Sir Thomas Gabriel (interruptingly) : How do you know
that it does not exist?
Witness : From what I have heard.
Sir Thomas Gabriel : You must know.
Witness : My colleague knows.
Sir Thomas Gabriel : Have you spoken to any one of
the directors?
Witness : I do not know that I have.
Sir Thomas Gabriel repeated his question, and
witness said : I am not aware that I have, but I will not
swear that I have not.
Sir Thomas Gabriel : Were there any securities held by
the limited company ?
Witness (who always addressed hi gnerist, "Well, Sir
Thomas "): I have some difficulty in answering your ques-
tions after what has passed.
Sir Thomas Gabriel : I have put plain qnestions.
Witness : My colleague, Mr. Turquand, is satisfied there
Is nothing of any value to be got from them.
At this stage the court adjourned for a quarter of an
flour ; and, on resuming,
The witness said he had learnt since the adjournment
gat litaikll9o &WM WAN the PV 19 who represented the

reek and Oriental Company. He had learnt that from
iome evidence given before the House of Lords.
Sir Thomas Gabriel (to witness) : But what we want is
ko have the evidence from you.
Witness : I have no personal knowledge of the Greek
and Oriental Company's affairs.
By Mr. Lewis : Have you read anything in respect of
Thomas Howard's account, which shews liabilities to the
limited company of £331,768 ?
Witness : The limited company has not received any-
thing from the date of the transfer. No securities are held
'n respect of that debt.
A. deed releasing Mr. Howard in 1863, by Messrs. Over-
end, Gurney, and Co., was then read by the chief clerk.
Et set forth that Mr. Thomas Howard, of Chester, cotton
manufacturer, conveyed his business to the Messrs.
Overend, Gurney, and Co., in satisfaction of all claims of
the latter ; and the Messrs. Gurney indemnified Thomas
Howard from all claims in respect of such deed of release.
By Mr. Lewis: Have you had any conversation with
any one of the defendants about that account?
Witnesss : Yes ; with Mr. Bois.
Mr. Lewis : He is not a defendant ; you know that.
Tell us what you know.
Witness : I cannot charge my mind with having spot en
to any one of the directors. I ascertained that the securi-
ties were not worth anything ; and this deed of release
precluded us from taking any proceedings.
Mr. Lewis Did you and Mr. Turquand talk about that
affair.

Witness : There was nothing to talk about.
Mr. Lewis : You call that £331,000 nothing

Examination continued : Referring to the account of
Kelson, Tritton, and Co., witness said there was due at
the time of the stoppage of the limited company £197,000.
The limited coml•auy had received in respect of that
account, £12,500 this had been received in different
ways. Became aware of duplicate bills of lading whilst
liquidating this account. and some were in the names of
Messrs. Overend, Gurney, and Co., but was not aware
whether they were duplicates or triplicates. Sometimes
saw one of this firm as to tne securities held by them for
the debt of Kelson, Tritton, and Co.
Mr. Lewis : Was there anything wrong in respect of the
bills of lading?
Witness : I learnt that duplicate bills of lading had been
used by Kelson, Tritt" and Co.. with the knowledge of
Messrs. Overend, Gurney, and Co. I did not ask them
any questions ; if there was anything improper, that was
for the directors of Overend, Gurney, and Co. Messrs.
Gurney and Co. had advanced about £20,000 upon these
duplicate bills of lading. The bills of lading were not in
witness's possession.

Mr. Lewis : Did you reter to any single creditor about
this transaction; or did you take any proceedings against
them?

Witness : It was not thy place to do so. rdo not mare
It generally known. At the time of
.the failure in 1865
Messrs. Kelson, Tritton, and Co. were indebted over a
million. At that time IN ressrs. Overend, Gurney, and Co.
proved as creditors for £220,000 ; and then that was after-
wards increased to £291,000 in July 1865.
Mr. Lewis : What was realised between the 31st July,
the formation of the limited company, and its death on the
10th of May 1866?
Witness : There are very numerous items with regard to
■securities. The total received up to the present time from
Kelson, Tritton, and Co. was 2140,000. The conversation
with the diiectors in regard to the bills of lading took
place before the formation of the limited company. J. E.
C. Koch were indebted at he date of the liquidation in
the amount of £335,000. The securities had not been
realised upon up to the present time ; the nominal value
of the securities was £86,000. We cannot find a market
for these securities ; they might be sold for £25,000.
By Mr. Leers : At the date of the stoppage the liabili-
ties of Mr. Koch had risen from £243,000 to £335,000.
Mr. Lewis : How do you account for that?
Witness: I know nothing but from the books. Mr.
Koch bad filed a deed.

Witness, on being pressed, said Mr. Koch was the
nominee of Messrs. 0 verend, Gurney, and Co., and he
(Mr. Koch) had originally introduced himself. Was in-
formed so by Mr. Robert Birkbeck.
Mr. Lewis : This was a debt of Mr. Gordon's ; have you
taken any steps to realise?
Witness : No. The Millwall Iron Works liabilities to
the limited company was £510,000, and £7 10s. had been
received on it. (Disapprobation.) There were other
securities ; there was the Norwich propel ty, which might
realise something, but witness did not think it would.
Lawrence and Fry had failed in 1864, and they owed
£148,000, on which the company had received £7,515.
Did not think there would be any Thing further to he got.
There was due from one of the securities of Lawrence and
Fry about £5,000. David Leopold Lewis's debt to the
limited company was £331,000 at the time of the transfer ;
had received £37,000 in respect of it. There were securi-
ties of the nominal value of about £70,000 in a Cork rail-
way. Mr. Turquand, my co-liquidator, is winding it up.
We expect to realise about £125. Emmanuel and Co.'s
liabilities were £83,423, and nothing had been realised.
Sir Thomas Gabriel : how is that? Witness : They
suspended payment in 1863.
By Mr. Lewis : There does not appear to be any divi-
dend from Emmanuel and Co. Cecil, Alexander, and Co.'s
liabilities transferred to the new limited company were
£107,000 ; and there had been realised £6,250.
Mr. Lewis : Did not they dishonour their bills ?

Witness: They had been allowed to realise ; and it is
probable that this estate will realise 10s. in the pound.
Leopold Bruzewitz's liabilities were £135,000, and the
company had been benefited to the extent of £23,000.
Believed ls. in the pound had been paid by Bruzewitz in
the bankruptcy. There was a transfer of £54,000 to the
limited company, and that had been increased by
£84,000. Carlisle, Parr, and Co.'s indebtedness
was £26,000 to the company. They failed in
1864. Nothing had been received from them.
since the stoppage. T. and G. Garraway's liabilities were
£192,000, and £30,000 had been realised from them.
Halliday, Fox, and Co. failed in March 1865, and they
owed the limited company £63,000, and they had com-
menced with 04,000 ; £785 had been realised in respect of
that—this was dividends from their debtors. C. Reynolds
was indebted in the amount of £15,000, but nothing was
received ; he believed he was a relative of one of the
Messrs.. Gurney. The amount was in respect of shares in
the Mwyddy Iron Company, in which over £6,000 had
been realised. Knew this from Mr. Bois. Had not asked
the defendants about it. Mr. Samuel Gurney had some-

thing to do with the shares, and the £15,000 is in respect
of calls. W. Chapman's debt was £14,000, and
nothing had been yet received. There were some
guarantees on which they expected to realise.
The Ebbw Vale shares were down at £48,000 ;
the limited company hold 2,030 shares, and their
present market price is £l5 per share, which would make
£30,000, being a loss of £28,000 upon what were first taken
over.
The Lord Maycr : In whose names are the shares?
Witness : John Henry Gurney ; and we have dealt with
them as the property of the limited company.
Cross-examined by Mr. Serjeant Sleigh : What would
be the value of the shares if they were sold at par, viz.,
£27 10s. ?
Witness : The loss would be the 2,300 only. John
Jones's debt was £61,000, and £4,000 was received on it.
Had not received anything in respect of 111`Cormick's
debt of £13,000.
Mr. Lewis said he had gone through the whole of the
items. They amounted to £4,000,000.
The court will sit again on Friday and Saturday next,
When it is probable the case will be closed

• The Marquis of Bute has given £5,00u towards the
new Roman Catholic Cathedral about to be built at West-
minster.

The last of the men injured by the Rainford col-
liery accident, Michael Brown, expired on Thursday night,
and thus the number of deaths is increased to nine.

An attempt, it is said, is about to be made to
,:ross the Atlantic in a balloon. The bold adventurer is
M. Alexander Chevalier, a well-known aeronaut, and he
expects to make the journey in three days and nights. He
will start from New York.

THE BISHOP OF SALISBURY.---We regret to state
chat the Bishop of Salisbury has lost ground in point of
iealth since his arrival in London ten days ago. The
affection of the heart from which he is suffering has
increased, and within the last two days symptoms have
appeared which justify grave anxiety as to the event of
the illness. Although the bishop was slightly better on
Sunday than on the previous day, his condition is still
very precarious.

‘-‘ THROUGH COALBROOKDALE AVALKS."—liere it
was, I should state, that one of the most curious disco-
veries yet male in the Dale was made by the men
engaged in rock-getting. When some portion of the
stone fell there stood revealed to the eyes of ti e
astonished workmen three trunks of trees completely
petrified. The upper part of the trees had apparently
been sawn off, but the remaining portions, buried several
feet deep in the rock, were as perfect in form as the trees
flourishing in their foliage ar,,ned tltem. Not a feature was
missing; the roots, the bark, ant he cling:llg ivy were us
perfect as Nature her,,At, but the block of wood had been
turned to stone! There were three of these curiosities dis-
fnvered ; the one, my friend said, had found its way to the
residence of Mr. 11. Whit:nore, and the others had gone
he knew not whither. I can only hope that they have
been carefully preserved. How they came into the position
in which they were found is to be accounted for, I should
imagine, by some vast upheaving of the earth, burying the
timber beneath the massive rocks ; and centuries have
:ompleted the marvellous work of converting a substance
gull of sap and life into a block of ktone.—",S. A.," in the
WeliftgeOn joirna,

• MISCELLANEOUS NETVS.