The Sun.
London, England, 1858-03-01 00:00:00

become ehareholders and depositors, who, with himself,
had been loners by the bank. The conversations be bad
had with persona to join the bank he (the learned judge)
did not p!ace much reliance on, and the question for their
consideration was, Mr. Alderman Kennedy's intention
when he consented to the publication of the balance-
sheet. The case against Mr. Esdaile assumed a different
character. Independent of the general evidence against
him he was convicted, out of hie own mouth, by the
production of the affidavit on a winding up order that
he knew the actual state of the bank in every particular.
In addition to that there was Mr. Esdaile's letter, dated
Jan., 1856, a fortnight before the meeting at which the
balance-sheet was published, addressed to Mr. Owen, the
then deputy-governor, containing the remarkable passage,
"Our highest policy is to present a solid front to the
public; our greatest weakness to dangle a rope of sand
before them ;" and he put it to the jury to say whether
they considered the first part of the sentence meant a
"solid balance sheet." After reading the other corres-
pondence, and the evidence in connection with it, the
learned judge said it was for the jury to say that he
consented to the false publication of the state of the bank
with a guilty knowledge, and an intention to defraud the
public. Mr. Esdaile was shown to be a respectable
man and a man of substance, and had had no accom-
modation from the bank—circumstances which, he had
no doubt, the jury would well weigh in cansidering
his case. The learned judge next referred to the case
of Humphery Brown, and in doing so he asked the jury
to dismiss any prejudice that might have been created
in their minds against him, and consider him an innocent
man till he had been found guilty. Acomplete explanation
had been given of his having been supposed to have opened
his account with 181., but he was sorry to say a very
serious case had been made out against him. He had
borrowed largely from the bank, which it was his desire
to keep afloat as long as he possibly could, without
which he had the fear of destruction before him. He
was well acquainted with the state of the bank and
the many debts due to them, and more than all he
knew of the exact state of his large debt to the bank,
and the security he had given for it. The learned judge
in conclusion said the legal case they had to consider was
that of Mr. Cameron, who it had been proved had the
sole management of the Bank. There could be no
doubt Mr. Cameron prepared the balance-sheet of Dec.
1855, and the question for the jury to consider was,
whether it was false or correct. If it was false he
thought there could be no doubt it was done to deceive
the public. Then arose the question did Mr.
Cameron conspire with others to defraud tha
public, and, if so, it was necessary to prove that he con-
spired with one or more persons. The evidence was
before theca, and it was for them to say whether it proved
a conspiracy against two or more or the whole of the
defendants. He bad no doubt that it would give
►hem pleasure to acquit all the defendants if the
evidence warranted it, but, at the same time, if they
thought the evidence would not pet mit they would
discharge their duty to their conscience az,d their
country by finding part or the whole of the defendants
guilty.
The learned judge having completed his charge which
occupied exactly four hours in delivery, at 4 o'clock, the
tipstaff was sworn in in the usual form, and the jury
retired to deliberate.
Precisely at five minutes to six the jury returned into
court and entered the box, the anxiety felt by all present
for the result of their conference being most intense.
The Foreman then, addressing his lordship, said—My
lord, eleven of the jury have agreed on a verdict. I am
the only dissentient ; but I perhaps may be permitted to
say that I agree with my brother jurymen so far as their
verdict affects three of the defendants.
Lord Campbell—You see, gentlemen, there must he a
unanimous verdict of the j tab, before any of the defen-
dants can be convicted.
The Foreman—We are unanimous about three of the
defendants- We find three of the defendants guilty.
Eleven of the jury consider the remainder guilty, and
from that I dissent.
Lord Campbell—You see, gentlemen, I cannot take
that verdict--in fact it is not a verdict. It must be
the unanimous verdict of the 12, and I must therefore
only ask you to retire and reconsider your verdict.
A Juror—l am afraid, my lord, it is of no use,
Lord Campbell—ls Mr. Atherton here !
Mr. Atherton—l am here, my lord.
Lord Campbell do not know if the crown would
consent that a nolli prosequi should be catered as to those
defendants with regard to whom there is a difference of
opinion, and take a verdict on the cases of the three
defendants on which the jury is agreed.
Mr. Kennedy—As counsel for Mr. Brown, I am in-
structed to oppose that, my lord.
Mr. Atherton—l was just going to say, my lord, that
is the diseharge of my duty I do not believe I can adopt
that course.
Lord Campbell—Then there is no other course to be
adopted than for the jury to withdraw and reconsider
their verdict.
A Juror—l don't think there is the slightest chance
of our agreeing.
Another Juror—Could not a juror be withdrawn ?
Lord Campbell—No. There must be the unanimous
verdict of the jury.
The Foreman—May I be allowed to say a word, my
lord ?
Lord Campbell—We must have no discussion in open
court. It must be in private amongst yourselves.
The Foreman—We wish to ask whether we are to be
satisfied of the guilty of each defendant with regard to
the balance-sheet.

Lord Campbell—Oh yes, gentlemen, Before you can
convict any of the defendants you must be fiatisfied that
he was acquainted with the real stabs of the bank. You
should not convict any one of them unless you are satis-
fied of his knowt3dge of the affairs of the bank, and that
the balance-sheet was false. After that intimation, gen.
timer], I think you bad better withdraw.
The jury again withdrew at 6 o'clock, and shortly
after f they sent in a written communication to his
lordship, who said—The jury wish for the letter of the
15th of May, 1856, from Kennedy to Cameron. Let
that letter be seat to the jury.
Again at 12 minutes to 8 the jury returned into court
---and their names having been called over,
The Associate asked them the usual queFAien—Gen-
tlemen, are you all agreed on your verdict 1
The Foreman—We are.
The Associate—Do you find Humphrey Brown guilty
or not guilty I
___

The Foreman—Guilty.
The Associate—Do you find Edward Esdaile guilty
or not guilty !
The Foreman—Guilty.
The Associate—Do you find Henry Dunning Macleod
guilty or not guilty 3
The Foreman—Guilty.
The Associate—De you find Richd. Hartley Kennedy
guilty or not guilty !
Toe Foreman—Guilty.
The Associate—Do you find Wm. Daniel 0 mcn guilty
or not guilty !

The Pore-man —Guilty.
The Associate—Do you find John Stapleton guilty or
not guilty !
The Foreman—Guilty.
The Associate—Do you rind Hugh Lines Cameron
guilty or not guilty ?
The Foreman—Guilty.
The Foreman then added—lt is the request of the
jury that I should read this to the court, " We find all
the defendants guilty, but we recommend the following
to the merciful consideration of the court—Stapleton,
Kennedy, Owen, and Macleod."
After a brief pause,
Lord Campbell said—Mr. Atherton, do you say
anything !
Mr. Atherton—No, my lord, I do net.
Lord Campbell—ls judgment prayed for—l am now
ready to give judgment'
Mr. Atherton—lf your lordship is ready to pronounce
judgment on the various cases, I should certainly pray
the judgment of the court.
Lord Campbell—Perhaps it would be more becoming
that I should take until Monday to consider the judg-
ment I will pass.
Mr. Sergeant Shee—There may be many circum-
stances, my lord, that we might submit on affidavits.
Lord Campbell—No ; there can be nothing of that
sort. It is better that I should proceed at once. •
Mr. Kennedy—There may be on the part of Mr.
Brown very good cause fir a motion for a new trial.
Lord Campbell—l will at once pronounce the lodg-
ment of the court.

All the defendants were then ordered to stand for-
war 1, and took their place immediately below the bench
in front of the Associate's desk in the following order :
Mr. Brown, Mr. Cameron, Mr. Esdaile, Mr. Maclead,
Mr. Stapleton, Alderman Kennedy, and Mr. 0 wen. Mr.
Cameron and Mr. Brown appeared rather Alec:or:earned,
the I ,rmer leaning his face on his hand and narrowly
watching the learned judge 83 he deliberately marked
the sentences he was about to award to each of the de•
fendants in his note-book. Mr. Esdaile, Mr. Macleod,
and Mr. Owen also kept their eyes fixedly on his Ind-
ship ; but Mr. Stapleton and Alderman Kennedy
appeared to feel their position most acutely. The latter
never raised his eyes from the floor during the passing
of the sentence, and several times struck his breast con-
vukivaly, the tears on one occasion rolling down his
cheeke. Mr. Stapleton glanced uneasily around, and
his whole appearance indicated the great mental anxiety
from which he was suffering.

Lord Campbell then, amidst the most profound silence,
proc ecled to pass judgment. He said—l will first pass
sentence on Humphrey Brown, Edward Esdaile, and
Hugh Incas Cameron. You three defendants, after a
long, and I hope a patient and impartial trial, have been
convicted by a jury of your countrymen of an infamous
crime, the charge being of a conspiracy to deceive and
defraud the shareholders of this bank by false misrepre-
sentations, and it is clear, though I still acquit you of
originally planning the fraud of attempting to cheat the
publ c in the foundaticn of the bank, yet it is now de.
toowitrative that for a number of years you carried on a
-ystem of deliberate fraud, and from year to year fabri-
cated documents for the purpose of deceiving the public,
in the
to
illiciti,,sys otransactions.
n
tn..l tor your own benefit, directly or indirectly, engaged
Itifwotuhilds
were
country crime for punishment. It is not a sereanotthis;
with the shar,holder , b f
to do thatt a breach of contract
which
i., .a. a criminal conspiracy
ischief, to the rui-r ofnfev"FAY
orphans from a state. of
a r .y to say that the onlyamuence
too common practice
introduced in certain com leads to great public
amilteP, reducing widows and
to destitulon, I am
irnittiga.tion
r. ortunately t 'azi
of your offence is a
i, . ty has been
from the defect in the lawn'earee'fat dea"u:4R, not so much
has not been put in force; andr:umehtlaa fact that the law
adopted without bringing the conscioPureneteiseeno have bee",, those who practise them, and I am afraid
loss of character amongst those awitEllshuara - o
with whom tl:myt mach
ciate. it WAR fuly time that an end should be put
such a system ;' and this information was properly filed
Attorney-General, by her Majesty 8 and the jury have
come to A proper Ye
rdic:7. I hope it will now be known