The Sun.
London, England, 1858-02-22 00:00:00

THE ROYAI. BRITISH BANK (This Day.)

-
COURT OF QUEEN'S BENCE', GUILDHALL
(Sitting at Niri Prins, bvfore Lord Canapbel: and a
Sptcial Jury.)
THE QUEEN V. BROWN AND OTHERS.
EIGHTH DAY.

The trial of the ittforaaw.ien against the &rector- and
manager of the &Jai Britiets Bank for ceuepirsog by
false pretences to defraud the shareholders and cus-
tomers and the public, was this day resce:et'.
The False counsel appeared as before.
Sir F. Thesiger asked his lordship if he was prepared
to give his opinion relative to the reception of Mr. Ei-
daile'e affidavit before the Vice-Chancellor, on a petition
by a contributor for winding up the bank, which the
learned counsel proposed to put in evidence, as showing
his knowledge of the state of the bank before and at the
time when the alleged conspiracy was said to have taken
place, and to overt acts happened.
Lord Campbell said he bad seriously considered the
question since Saturday. He had also bad the advantage
of a conference with four of his learned brethren, and
they a'l concurred with him in the opinion he entertained
on Saturday when the point was mooted, but which,
from its importance, he deemed it advisable to re-con-
sider before delivering it. The opinion of himself and
learned brethren was, that Mr. Esdaile's deposition was
not evidence against the whole of the cc-defendants, but
that it was evidence against himself to show what
was his knowledge of the state of the affairs of
the bank before and at the time when the al-
leged conspiracy took place and the overt acts
were alleged to have happened. Any declaration during
the time when the conspiracy was supposed to have been
formed would be evidence, after showing that there was
a conspiracy amongst all those who were engaged in it ;
but after the conspiracy, and at a subsequent time, what
was said by one of the parties would only be evidence
against himself. He had read the depositions with great
care and consideration, and be should, without hesita-
tion, allow those parts to be read which showed his state
and knowledge at the time.
Sir F. Thesiger said he was anxious that no other
parts of the depositions should be read than those re-
ferring only to the defendant.
It was then arranged that the objectionable parts of
the deposition, in accordance with his lordship's opinion,
should be struck out before reading any part of it.
Mr. Paddison was recalled and examined with refer-
ence to the conduct of the directors prior to the issue of
circulars, &c. In the course of his evidence he stated
that he wa• present as secretary at a meeting of directors
early in 1855, when the 71st clause of the charter, which
provided for the directors calling a meeting of the share-
holders to wind up the bank after the loss of one-fourth
of the paid up capital, when be was consulted by the
directors confidentially on the point as the solicitor.
An objection was taken by the learned counsel for
the defendants to the reception of such evidence as being
"confidential and privileged communication's," which
the learned judge allowed, and the evidence was not
received.
Some letters were read that passed between Esdaile
and Cameron during the latter's absence in Scotland,
where he was on a visit to Sir J. Matheson, who, it
was expected, would become a director. One of Esdaile's
letters contained the folio wing—"Take care of your new
gun, I wish you healthy sport, be the game what it
may, I don't like new tangled fire-arms, for if any of
the ports should not fit, the whole would be out of
order, and one need not go to Sebastopol to find them."
(Laughter.) The witness said,be never remained at the
court meetings when the directors considered the reports
and balance-sheets. In January, 1856, the abstract of
the balance-sheet was reversed on further statistics and
further considered, but he could not identify the docu
ments.

Sir F. Kelly objected to the evidence being taken on
his lordship's note.
Sir F. Thesiger said he proposed to call another wit-

ness to do that.
Lord Campbell—Really there is no objection to this
evideaue. lam ready to devote any reasonable time.'to
the elucidation of this complicated case, but I can't
permit objsc'ions of this kind.
Sir F. Kelly persisted in his of j,ction,
Mr. James supported Sir F. Kelly's objection.
Lord Campbell—l order the minute to be read.
The minute was then read, and the witness's examina-
tion was continued : The annual meeting was held at
the Strand Branch on Ist Feb., 1856, at which about
100 shareholders were present. The defendants Esdaile,
0 wen, I,l‘ol,nd, Cochrane, Kennedy, Brown, and
Stapleton and Cameron were present and took part in the
proceedings. Several of these addressed the meeting
and answered questions put to them with reference to the
position of the bank. At that meeting, Ald. Kennedy
said it was but reasonable the bank should have a
prni
bank,ei whichtheon w
newas outequal
stoabout aoL 10 per
the reserved
sone
on the
fend of
the
satid,
d beenphaaid-upcarpeiatalilseodf 105u0t of profits,The,ooo/.
aared it wasserved notfund fairbe
d
for the purchasers of new shares to derive a benefit from
it without paying for it. Mr. Oven, Mr. Esdaile, Mr.
Cameron, and others, took part in the proceedings, and
after an expression of opinion that there ought to be
more weighty men in the direction, the report and
balance-sheet was agreed to. A vote of thanks was
accorded to the directors, and a sum of 2,0001. was
voted as remuneration for their services. During the
latter end of 1855 and 1856 there wore repeated attacks
in the newspapers relative to the Royal British Bank ;
at a muting on 27th November, 1855, an article in the
Weekly Nuys was brought under the considerations of
the board. Messrs. Esdaile, L. M. Valiant, Staple-
ton, M'Clond, Brown, Cochrane, and Cameron
were present. The article said "that the statements
and revelations sent themwith regard to the Royalßritieh
Bauk were of so startling a character, and required so
much consideration that No. 1 was not able t ) appear
that week." He was consulted professionally on the
matter, and in consequence of an objection fri-rn Mr.
James, it was held "privileged," and had better not be
entered on, because it was impossible probably to draw
the line where those privileged communications com-
menced. In Nov., 1856, a letter was received from the
Rev. Mr. Gossett alluding to the attacks in the news-
papers and his uneasiness thereat, and calliog
on the directors to purchase his shares or he
would call a meeting of the shareholders
thereon ; the result was that the shares were purchased.
Mr. Stapleton and Mr. Kennedy objected to its being
done on the ground of illegality, and Mr. 0 wen at the
time bad ceased to be a director. He thought it was
resolved in the Board-room not to purchase the shares,
but he heard from Mr. Esdaile afterwards that the shares
were taken up by the bank, in the name of Mr. Sidney
Kennedy, a relative of Mr. Esdaile'e.
This closed the examination of Mr. Paddison.
Lord Campbell—The cross-examination of the first
witness commences on the eighth day of the trial.
(Laughter )
Mr. Sergeant Shee— And I hope, under the circum-
stances, rur lordship will be a little indulgent to the
defendants' counsel.
Cross-examined by Mr. Sergeant Shee—(Counsel for
Mr. Alderman Kennedy) —Mr. Alderman Kennedy's
attendances were not so numerous during his shrievalty;
Lady Adair, his mother-in-law, and other members of
his family, joined the bank as depositors and share-
holders ; most of the shareholders and depositcre were
commercial men, and they now took exception to the
form of the abstract of the balance-sheet presented to the
shareholders.

[re le continued in our last edition.]

POLICE INTELLIGENCE.— (This Day.)

MARLBOROUGH-STREET.
PICKING POCKETS IN HYDE PARK.—Charle Williams
a lad of 15 years of age was charged before Mr. Beadon,
with picking pockets in Hyde Park yesterday afternoon.
Police-constable C 30, said be was in plain clothes,
and saw the prisoner try the pockets of several gentlemen
near the Serpentine. He followed him through the
crowd there assembled, and as soon as be could get
assistance be took him into custody. On his way to
the station prisoner threw away a bundle of .
handkerchiefs, which on picking up he found to be six in
number.

Mr. Bcadon sentenced him to three months and hard
labour.

LLOYD'S SHIPPING.—(This Day.)

LONDON, Feb. 22.—Wind this day at noon, E.; strong
breeze, and fine clear weather.
FALMOUTH, Fob. 20.—Wind S.E. to S.S.E.—Arrived—
Norwajeuse. from Bilboa for Taganrog.
SCILLY, Feb. 19.—Wind S.E.—Arrived—Sir William
Wallace, from Huelas • Wilhelmine,
PILL, Feb. 20.—Wind E.—Arrived—King Arthur,
from St. Michael's.
CARDIFF, Feb. 20.—Wind E.—Sailed—Kate Evelyn,
for Havannah.

COWES, Feb. 12.—Wind E.S.E.—Arrived—Rock Light,
from Chinchas.

PORTSMOUTH, Feb. 21.—Wind E. S. E. —A rrivotl—
Hevellyn, from Mauritius.
OFF SCILLY, Feb. 19.—Arrived- Clara Ann, from Ha-
vannab.
OFF PORTSMOUTH, Feb. 21.—Arrived—Rose of Sharon,
from Mauritius.

THE FRENCH POLICE.—Let any man read the me-
moirs of the Duke of Rovigo, and be will find the most
ample details of the frightful extent to which the system
of espionage was carried in Paris during the first years
of the empire. Throughout every class of society the
secret agents of Napoleon were scattered, ready to pick
up any item of iuformatior,or to spread any political ru-
monr which might serve his purposes. The police of ser-
vants alone, according to the Duke of Rovigo, formed
an army of itself. ' As regards the artisan class, the
plan he adopted shows the amount of diabolical inge-
nuity which can be Exercised in any pursuit when the
intellect is left free to act without the check of con-
science. After speaking of the means be took for ex-
tending a watchful superintendence over the several
classes of artisans inhabiting the suburbs, he goes on
to describe the method by which he acquired a know-
ledge of their secrets :—" I bad already discovered that
the most powerful instrument of my administration was
to bring every element of hatred and rivalry into contact,
at the same time that it became its duty to prevent the
evil effect of those passions. There certainly is danger
in proceeding by such a method ; and nothing short of
the greatest personal probity can afford anysey-protection
against the abuse of it, or against being deceived by infor-
mation originating in animosity or some secret vice."
Such is the account the Duke of Rovigo gives of the way
in which be worked the spy system half a century ago.
From all we can learn, the French police authorities of ,
,he present day are quite as unscrupulous in the means
'hey employ against the liberty of the subject, under the
tretext of regard for the welfare of the state.--Statesman,

TilE MINISTRY.

(Priam the Times.)

•
Mr. Disfatli, in one of the best of hi
novels, 8:137-. that " Sunday is pre-em:utlitly tile
day of Canards." We do liot claim for the follow-
ing list of the Ministry, which c of course, only
have been arranged in the course of yesterday, any
other autliority than that of plausibility, and in
. some few instances positive information :
FIRST LORD OF THE TREASURY.. ...... Lord Derby.
CHANCELLOR OF TILE EXCHEQUER Mr. Gladstone.
LORD CHANCELLOR, Sir P. Thesiger.
SECRETARY OF STATE FOR THE HOME }
Mr. Walpole.
DEPARTMENT .
FOR THE FOREIGN DEPARTMENT Mr. Disraeli.
FOR TILE COLONIES Sir J. Pakington.
FOR WAR Lord Ellenborough.
ADMIRALTY Lord Hardwieke.
PRESIDENT OF TIIE BOARD OF TRADE Mr. Ilea Cy.
PRESIDENT OF THE BOARD OF CONTEOL LOTa S:anley.
CHANCELLOR OF THE DUCHY OF
LANCASTER Sir Balwer Lytton.
LORD STEWARD Lord Exeter.
LORD CHAMBERLAIN Lord Delawarr.
MASTER OF THE HORSE The Rai of Chesterfield.
FIRST COMMISSIONER, OF WOODS AND
PUBLIC WORKS • j Lord John Manners.
ATTORNEY-GENERAL Sir F. Kelly.
SIILICITOR-GENERAL Mr. Cairns.
JUDGE-ADVOCATE•GENERAL. Mr. S. Warren.
LORD-LIEUTENANT OF IRELAND The Earl of Egliuton.
CHIEF SECRETARY Lord Naas.
LORD CHANCELLOR OF IRELAND %I r. Blaekburue.
UNDER-SECRETARIES.
BOARD OF CONTROL ................. Mr. Baillie.
FOREIGN DEPARTMENT Lord Carnirvon.
HOME ... ...... Mr. Mowbray.
It is said—but we repeat our caution—that Lord
Malmesbury will succeed Lord Cowley as Ambas-
sador at Paris, and there is also another rumour,
that Mr. Disraeli will replace Lord Stratford at
Constantinople, and Lord Stratford preside at the
Foreign-office. That Mr. Disraeli should leave the
House of C3mmons for a distant diplomatic ap•
pointment would seem altogether impossible, ex-
cept as the consequence of a vote in which Mr. M.
Gibson asserted the honour of England against
Lord Palmerston, whom he accused of truckling
to foreign aggression.