The Sun.
London, England, 1858-02-15 00:00:00

TRIAL OF THE ROYAL BRITISH BANK

PUB

ONS.

Just ready, in two vols., with Portrait of George IV., price 215.,
lIECOLLECTIONS OF WEST END LIFE.
By MAJOR CIIIMBRE.
Late of the 17th Lancers.
Burst and Blaeltett, Publishers, successors to Henry Colburn,l3
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Now publishing, price two shillings, bound in cloth,
FEIST'S RACING RECORD:
Edited by ALBER C FEIST,
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W. Wright, sporting printer and publisher, Fulwood's Rents, Hol-
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(AN SPERMATORRFICEA, and the
"4_7 PROFESSIONAL FALLACIES and
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NO MORE PILLS NOR ANY OTHER MEDICINE
CURES (a lthout Physic) of Indigestion (Dyspepsia), Constipation.
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Hysteria,, Neuralgia, Dysentry, Diarrhoea, Acidity, Palpitation,
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C tee No. 48,314. Miss Elizabeth Yeoman, Oateacre, near Liver
po )1: a cure of ten year's dyspepsia, and the horrors of nervous irrita-
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Cure No. 42,116 Major Edle of enlargement of the liver and total
prostration of strength. Cure No. 36,418. Rev. Dr. Minster of
cramps, spasms, and daily vomitings, Cure. No. 26,418. Dr. Harvey
of diarrhoea and debility. Cure No. 39,628. Dr. Wnrtzer of con-
sumption. Cure No. 32,883. William Hunt, Esq., barrister, of para-
lysis. Cure No. 46,270. Mr. James Roberts, wood merchant, Frimley
of thirty years diseased lungs, spitting of blood, liver derangement,
partial deafness. Cure No. 4 ',814. Mr. Samuel Laxton, Leicester,
of two years' diarrhoea. Cure No 52,612. The Dowager Countess
of Castlestuart, of many years' nervous irritability, bile, and indi-
gestion. Cure No. 54,812. Miss Virginia Zeguers, cured of con-
sumption, after her medical advisers had abandoned all hopes of
recovery. Cure No, 180. "Twenty-five years' nervousness, con-
stipation, indigestion and debility, from which I have suffered great
misery, and which no meticine could remove or relieve, have been
effectually cured by Du Berry's Food in a very short time. It.
Reeves, 181, Fleet-street, London." No. 4,208. "Eight years' dis-
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dered my life very miserable, has been radically removed by Du
Barry's health restoring Food. Alex. Stuart, Archdeacon of Rees,
Skibbereen." Cure No. 3,906. "Thirteen years' cough, indigestion,
and general debility have been removed by Du Barry's excellent
Revalenta Arabica Food. James Porter, Athol-street, Perth."
Important Caution against the fearful dangers of spurious imita.
tation s:

The Vice-Chancellor Sir William Page Wood granted an injunc-
tion on the 10th March, 1854, against Alfred Ilooper Neville, for
imitating " Du Barry's Revalenta Arabica Food."
Suitably paaeed for all climates, and with full instructions. In
canisters, lib 2s 9d ; 2lb 4s 6d ; Sib lls , 121 b 225. The 12th car-
rings free, on receipt of Post-office order. Barry T)u Barry and
Co., 77, Regent-street. London; Fortnum, Mason, and Co.. pur-
veyors to her Majesty, 182, Piccadilly ; James Wells, 4a, Sloane-
street ; ales at 60, Oraceehnrch-street ; 330, 430, and 451, Strand ;
4, Cheapside ; 49, and 60, Bislopsgate•street ; 63, 150, and 198, Ox-
ford-street,

DIRECTORS.

In the concern being a Mr. Harrison, who loft the
country and went to Boulogne, and being anxious
l to proceed against him, they indorsed the notes over
to Friend's attorney at Boulogne, and the result was
.1110
COURT OF QUEEN'S BENCH—CITY, that he was enabled to recover the amount from
(Before Lord Campbell and a Special Jury.) Harrison, and the agent becathe liable to the Colli-
[The fallowing appeared in successive editions of The Sitn Pant to the extent of about 11,0001., both of which
of Saturday :—j SUMS had been lost to the Rank. There were trans-
actions also with Mr. Oliver, of Liverpool, and when
The long-expected trial of the Royal British Bank
Directors, fur conspiracy and freed to cheat the de that person was paying only 2, 61 in the pound,
his debt was included on " the balance sheet
tors and others of the bank, commenced this morning amongst the assets of the bank. In a traneactien
at the Queen's Bench, Guildhall. The public excitement with a person named Tart, out of 39,0001. ad-
was not so great as might have been expected. The ex- sauced,i 23,000/, were lost. But the matter
tenor of the hall presented its usual appearance, and the
action pressed most heavily on the bank was the trans-
admirable arrangements for keeping order and free in-
g noith and in Glarnorganshire
onross and egress to the Court were not called in requisi- advanced 48,0001. out of the 5 the latter of which they
,600/. paid up capital,
Lion. The interior of the ball commenced filing in a and the losses in connection with these works amounted
slow and regular manner, and at the commencement of to 120.000/. In the balance-sheet of 1855 the director
the proceedings was not above three-parts filled, stated that out of 26,501/, bills dieceueted the doubtful
The body of the hall has undergone considerable bills amounted to 6,372lbillsamounting
alteration to facilitate the trial and
to 112,847/. only 139741.'hwwils
were good,
rns of
howing an actual
give increased deficit of 93,5401. Thelearned e tl an then referred to
accommodation to all concerned. The benches allotted to dividends, which in some cases
amounted to 6 per cent.,
the bar have been put further back so as to amit the consequence. of which was that they could not have
of tables being placed in the open space in front admit been paid out of profits. The question therefore was,
judge for the attorneys in the case, and the numerous
twearuegthht he shouldesecireemstaniicaevseknnoawiffitocutihtye dinirepctroorysiatg Hite
voluminous documents and books required. thought
Additional accommodation of an excellent character because he should be able to show that the affairs of the
was also provided for the press in front of the bench bank were divided under certain heads, and placed under
under the Associate. The city authorities are deserving the direction of different directors as members of the
of the highest praise for the facilities they have rendered various somm:ttees. The learned gentleman then pro-
the representatives of the press for the discharge of their seeded to enter. into the details by which he should
arduous duties, establish his case, reading from documents and letters to
The defendants are charged with conspiracyand fraud, show the knowledge of the directors of the separate acts
There are three indictments. The first embraces the charged to them, and the time they joined the bank,
names of 11. Brown, Esdaile, M'Cleod, Alderman Ken- which will be better understood from the evidence. The
nedy, Owen, Stapleton, and 11. J. Cameron. The second all-important and most painful part of the inquiry re
the names of Stapleton, Esdaile, F. Vailliant, H. D. hated to the conduct of whatite was compelled to call
M'Cleod, Kennedy, and Cameron. The third the names false misrepresentations waicia were made from time to
of Esdaile, Brown, L. M. Vailliant, M'Cleod, Ken. time by all the directors wheesivere defendants-nu this
riedy, Owen, and Cameron, The indictments contain record with respect to the actual state of the bank, and
several counts varying the indictment. representing that instead of being helplessly insolvent
At 10 o'clock Lord Campbell took his seat accompanied
it was in a flourishing condition, and who had been
with his Royal Highness the Prince of Wales, who took guilty of resorting to the deceptive means to entrap the
his seat on the immediate right of his lordship. public into connection with the bank, which their
Lord Campbell, before the special jury was called, fidelity to society and their honest integrity to
expressed his earnest hope that whilst the trials were others should have not led them to do. The bank
proceeding no comments would be made on them during never was in a solvent state, and was started witha ridi-
their progress, It was not fair to the jury, who were culously small capital for the amount of business aimed
secluded from the public during the trial, and it was ate No profits had ever been made, and what dividends
very important their minds should not be prejudiced had been paid must have been paid out of capital. In
ono way or the other against the defendants, It would June, 1851, the bank was in that state, yet a
be indecorous in the court to make such comment, and supplemental charter was obtained for the raising
as he looked nponthe pressasan enlargement of the public of 200,0001. by new shares, when circulars were
tribunal, it was equally so for them to do so. After the issued inviting the public to become shareholders,
trial was over, an her Majesty's subjects might freely the object of which was to supply the vital capital,
comment on what had been said and done in this Court. without which its existence would be at an end.
them,oit
, solicitors
th e
directors
m abkaink
n g
The jury, which consisted of the following gentlemen, As it was undesirable shares should go into the market were then called and sworn : it was arranged that as the directors could not deal with
John Lowe, Foreman,
William Dimsdale Child. 'shouldthern' purchaseCarneirin orte anindiriceemtp,.
p
Jonathan Chapman. advances from the bank to enable them to do so as
Thomas Paget, required, The shares were not taken up, notwithstand-
Henry William Ripley. ing their vaunting and flourishing them forth to the William Nesbitt, public by the circular theyissued, and they were obliged
Augustus Toulmin. to have recourse to their issue on several occasions.
Beaumont Haukey, In these circulars they stated the bank had not been
Henry Augustus Bevan, less successful than much elder banks, if a
James Benjamin Hannan, comparison were made of corresponding periods of their
William Medland. existence. Several persona were at last attracted by the
George Hamilton Penney. statements put forth in their circulars, and went to the
Mr. H. Browne stated the nature of the information bank respecting them. One of them, Mr. Marcus, a
against the defendants, respectable tradesman, went to Tokenhouee-yard,
Sir F. Thesiger then rose to state the case to the jury, where the bank was then carried on, and saw
and in doing so expressed his satisfaction at the delay Mr. Esdaile, the deputy-governor, and on his asking
that had taken place in the trials, which had enabled him bow it was they proposed to issue Shares at par
the public mind to cool down to a state proper when the bank was E 0 flourishing, and asked to be ie.
for a deliberate inquiry. This was now no longer formed about the state of the bank. !Mr. Esdaile handed
a singular case from what bad since transpired, to him the balance-sheet of the previous ealayear, in
and they were now prepared to approach this which it appeared there was a reserved feud of 12,5001,
inquiry with that calmness and attention which which the new sharehoners were to anticipate at 5
the importance and gravity of the case required, and premium. He said that the number of shareholders
with that impartiality which happily was the charac- were limited, but that they wanted to increase the busi-
teristic of the administration of criminal justice in our ness of the bank, which was in a most flourishing con-
courts of justice. The facts he should lay before them dition, not withstanding the prestige of the London and
in reference to this case would be both various and vole- Westminster Bank, which he said it f ,irly rivalled, and
=now, but tiiey would tend to the point, that of a charge be advised Mr. Marcus to lose no time in getting shares
of conspiracy todeceive the public. The bankcommenced from the number of applications that were being made, or
operations on 17th Nov., 1849, continued till 3i Sept., he would be disappointed. Mr, Marcus - then became the
1856, when an application was made for winding up in purchase of 20 shares, arid he had in consequence been
bankruptcy, which was now going on. It was proposed to ruined. Mr. Alderman Keunedy was present at the
start the bank with a capital of 500,0001., with liberty interview. Alderman Kennedy called on a friend
to increase it to one million; and there was a remarkable of his named Nicholl; and in February or
passage in the prospectus, and afterwards embodied in March, 1855, and asked him to take shares to
the charter, that the concerns of the bank should be qualify for a director, to which he replied that before
wound up when it had lost one-fourth of its paid up doing so he should like to examine the accounts, but he
capital. It was, however, found that a sufficient was told he could not do that unless he became a share.
amount for starting the bank could not be raised, holder. Alderman 'Kennedy presented Mr. Nichull
and the amount of capital was reduced to 250,0001., and with one of the circulars, and that gentleman was
afterwards 100,0001., but in neither case could they induced to become a shareholder. On the 10th Sept.,
raise sufficient money on which to get the registration. 1855, a new circular was issued, in which shareholders
The bank, however, became registered on false represen- were offered participation in the bank on taking shares at
ration, and when the charter was granted, the title of par instead of premium. Mr. Brunter, coachmaker,
Royal British Bank was unhappily conceded, which, no who bad the produce of his earnings in the Cuarlotte-
doubt, had rendered the bank more attractive and im- street savings'-bank, had been induced by the high rate
posing to the public. Mr. Cameron was to be appointed of interest paid, to withdraw his money from the savings
manager with a salary of 1,250/. for the first year, 1,500/, bank, and depot it in the Royal British Bank. He was
for the second, and 2,0001, for the third, till the succeed- therefore known to Cameron as such, who applied tct,
ing seventh year. He was also to have an allowance for him to take shares in the concern, which was as safe as the
house rent, and a commission of the profits of the bank. Bank of England. He asked Mr. Cameron if more that
In the course of the appeals to the public, the directors 10/. would be called on the share, and he was told
repeatedly issued proip.,ctuses to the public, addressed there would not be the slightest chance of any
particularly to the middle and humbler classes, in which more. Mr. Brunter embarked the whole of the earn-
they accounted for the delay in opening the bank from ings, which had been lost. The premium of 51. at which
being enable to get the premises completed, reminding his shares were to be taken was represented for the
the public that "though these stePs were slow they were benefit of the reserved fund. Another person named
sure," that " certainly was to be preferred to speed," Cantrill was induced to take 28 shares, and that " the oak was but an acorn." The pro- stated by M'Cloud, belonged to a deceased shareholder,
meters et ere unable to raise the 50,000/. necessary ! but were, in fact, the property of the bank, through
to register the bank, and although they paid Hempston, who transferred them, About this time
to the banker a promissory note from Cameron things began to assume a strange aspect, and directors
which, it was
for 4,300/. for shares, &c., never purchased, there were were withdrawing. On the 15th of January, 1856,
7,4021. deficient -When they made the representation that Mr. Esdaile wrote a letter to Mr. Owen, deputy,
the money was paid up. The registration was own relative to the state of the bank, in which ha stated that
pleted, a charter was obtained, and the bank was opened our highest policy
was to present a bold front to the
with great solemnity. The terms of the charter were so public, whilst our weakest conduct will be to dangle a
stringent that one would hardly have considered men rope of sand before them. We want courage, and, by
would have deviated from the straight path of duty, and God's blessing_(hisses)—cur difficulties will be over-
from protecting the interests of the shareholders, come.' The learned gentlemen then referred to the
He thought he should bo able to prove that the balance-sheet, which, by
the terms of the charter, was
transactions of the directors had been of a most to be a fair arid correct statement of the condition of the
imprudent and improper character—not, how- bank, and said the mode of producing the last balance
ever, of a speculative but charges of impru- sheet was for the accountant to balance the ledger in
deuce and improper mismanagement, which had brought pencil with which the balances of the diTerent depart-
the bank into a state of helpless embarrassment, and meets were transferred into a general balance-,beet. He
insolvency of many of the shareholders, by various then took cne of the former printed balance-sheets and
fraudulent and dishonest acts and representations of the altered the results he found there to the result of his
directors—by deluding the customers and the public particular examination at the time, and that so altered
into a belief that the bank was in a sound, stable, and was laid before the directors for their examination and
flourishing condition, when, in fact, it was not so, to the approval, with a tabular statement of the liability and
ruin 'of many of the contributor,. He should endeavour assets of the bank, and such a statement was presented
to lay the case before them under three points : first, to with the balance-sheet in January, 1856. In the
the advanced. on
purio . advances on 'Ash credit accounts, and
the condition of the capital, and the state and general balance-sheet there was a statement
bills
the discounted, 986,
secondly, mismanagement
ifloans, cenvertible securities at short
condition the bank was brought into by
272/. 118. Id., the whole
theyandwermaisacwonadreecotf litfs
ethoeadditeifaenndaatntthse;
time the representations were made ; and thirdly, f assets representing 1,178,8121. The ex•
ol
ti whether with that knowlede they made false and frau. pan a. Tag of the items so found in the balance-sheet, all
dulent representations, and performed fraudulent acts the
debts, good, bad, and indifferent, were enumerated
for the purpose of concealing the true state of. things, amotngess tbaedassets of the bank, and the interest upon
and in that manner had brought themselves within the all
well as
these bad .ebts went to swell the item of asset, as
range of a charge of conspiracy. The honourable II
w
and learned gentleman then proceeded to state for 8,0001.• Tile taat were enumerated as convertible securi-
the advances that bad been made to the direc- ties. suspense account showed 46,298/., and that
tion. Mr. hlacgregor's advances, who is now dead, account was the receptacle of all the different items it
were all lost. Gwynne's advanced amounted to was_ desirablea with to conceal ; amongst others all those tran-
-137,000/, all of which had been lost except 7001., the saa liaii
oaretference to the purchase of shares
advance to Mr. Muller" the solicitor, who had died 1 in the name
of Cameron end Liempon, the purchasers of
insolvent, amounted to 10,C00/., which was all lost, 1 shares on account of the company. The money ad•
Cockram's advance amounted to 10,300/a out of which i vanced to the Welch works was also inserted under
only 3,0001, had been recovered. The advance to 1 this bead, as well as the costs of innumerable actions
Cameron amounted to 36,000/., 33,000/. of which had I brought by and agitin:t them, and it was remarkable
been lost to the hank, of that amount promissory notes i that the adjusting interest account contained not only
to the extent of 10,600/. had been given by him for the interest for bad debts, but the Welsh works were
shares in the bank to prevent them being forced on the i introduced as an asset of 17,769/. All the past due
market, and the credit of the bank depreciated. In Feb., 1 debts wont toewell the assets, though in many instances
1855, Mr. Cameron was taken ill and had to leave the i they were marked by thedirectorein the books as "bad,"
bank for some time, and in his absence Mr. Esdaile took 1 " hopeless," and in one instance
..ioeu'arly " let him be
the management. Cameron's accounts were then trans- l executed." (Laughter.) The gress balance for the year I
ferred to " the green ledger" under seven different heads I ending Dec!, Hee, after making provision on account of
amounting to 27,000 a, for which he had not given the ; bad debts, &c., was 25,320/. Bs. 3d as originally pre-
slightest security, but before leaving the bank be was pared ; the balance-sheet, after Making such provision,
pressed to give security, and he handed over to the bank was altered from "provision for," to
" a mortgage on his estate called Dingwall, in ScotlandW provision on
, account of " bad debts, hat was th
worth 6,000/., but which was at the time mortgaged to ! critical change he was unable to statee result of that. The provision
theßank of Scotland f0r3,000/.,and it was from that estate made for bad debts was only 309/. A dividend in Jan ,
3000/. bad been recovered. He also assigned two debts, 1856, was declared of 6 per cent. The hon. and learned
both of which had been decreed, and eleven life policies, gentleman then further traced the career of the
three of which bad lapsed, three had been sold, three bank, and several of the directors, with the COD-
bad been assigned over to his son-in-law, and tvo had currence of the whois, in certain matters connected with
been pledged for the fell amount before be handed them the misrepresentations alleged against them, and in
over. The next case was that of Humphrey Brown, conclusion said that on the 3,1 September the bank closed
which was of a remarkable character. Brown became with dehts amounting to 700,000/ , and assets of
a director in February, 1853, qualifying himself by 300,000/., being a deficit of 400,000/. for the short
giving promissory notes for the amount of the period the bank had been in existence. By the acts of
required shares, which now remain due. He the directors wide-spread ruin had been scattered
at the same time opened a cash account by the country. Houses had been brought to des over
depositing 18/. 119. od.—(laughter)—on the same day and families had been plunged
from lation,
affluence
borrowing of the bank, 2,000/., which within three . into poverty, and hard earnings, industriously collected
months was increased to 9,000/., and for which he gave by a long life of labour, had been entirely lost. Ever
no security, though he had promised to do so. Having, one who bad any connection with the bank had badd
however, to renew two bills deposited with the bank, he to rue the day on which they trusted to the assumed
gave a bill of sale on a vessel called Helen Lindsay, and fidelity and truthfulness of the direetore. (Applause.)
afterwards, on a further advance of 5,0001., he deposited Lord Campbell said such conduct was indecorous,
a bill of sale on the Magdalena. -In the February and he hoped it would not be indulged in on either following he mortgaged to Mr. Walton, then governor side,
of the bank, two vessels, the Hero, and another. The learned gentleman, having concluded his address,
10,000/. was advanced by Walton on bills of Brown, called the following witness:—
which were discounted by the bank ; and it appeareal Mr. R. Partiison deposed that he was partner to
that Brown bought all his vessels
,out of advances from Ithe late Mr. Mullen,, who died on the 11th December,
the bank, and which he afterwards proposed as security . 1853. In 1843 proceedings were taken for promoting
for other ildvanu:s, 15,000/. was afterwards advanced a new bank, and in 1849 he saw some of the de
to him. He gave the security of five ships, know as in connection with it. Mr. M ama took the whole
ants
" the Gloster ships," to tee bank in this way : two of i management relative to the formation of the bank
them to Mr. Walton for his advances through discounts i afterwards they acted as solicitors and secretaries to
of the bank, amounting to 44,000/., and for which 1 the bank, and witne,s attended the meetings and k
he had made himself liable ; and the other three i minute,. On the 26th of March, 1849, a memorialtoo was
ships were assigned to the bank, two of which ships it
presented to the Board of Trade (which was read in
was afterwards discovered had been previously wort- court) and the answer to it. The deed of constitutiegi
gaged to the Gloucester Bank for 10,000/. advanced to was dated July 2, 1849, which was recited in the charter.
Brown, and be afterwards sold them. The advances Previous to the charter granted in July, 1849, Kennedy,
made to Brown amounted in the whole to 75,000/., on Cameron, Esdaile, and Owen signed the deed of consta which there bad been a loss of 40,000/. There was also talon. He knew of the presentation of a petition for a
a regular transaction in reference to the Islington Cattle supplemental charter, signed by Esdaile, Owen, and
Market to the extent of 8, 600/' , the only solvent person Cnineron, on 29th October, 1854, and the granting of

COURT OF QUEEN'S BENCH, GUILDHALL.
(Before Lord Campbell and a Special Jury.)
The Queen on the prosecution of the Attorney-General
v. Humphrey Brown, Edward Esdaile, Henry Dunning
Mael.iod, Loraine de Wolfe Cochrane, Richard Inanity
Kennedy, William Daniel Owen, John Steplett n, Hugh
lones Cameron; Lockhart More Valiant, and Fred
Valiant.
Sir F. Thesiger, Mr. Atherton, Q.C., Mr. Sergeant
Ballantine, Mr. Welsby, and M. Joseph Brown ap-
nea ed on the part of the Crown ; Mr. Huddlestcn,
Q.C., Mr. Kennedy, and Mr. Bell, for Brown ; Mr.
Edwin James, Q.C., and Mr, Aspland, for Esdaile, Mr.
Lawrance,lfor Macleod; Cochran, who had not pleaded,
did not appear ; Mr. Sergeant Shee, Mr. D. D. K. a e
and Mr. Jacobs appeared for Aldermar Kennedy ;
Sl.de, Q.C., and Mr. Kingdon for Owen; Sir F. Kelly,
Mr. Rovill, Q.O , and Mr. Coleridge for Stapleton ; and
Mr, Digby Seymour and Mr. Bennett f r C oneron.
The following is an abstract of the indictments :—Tee
indictment charged the defendants, in the first count,
sith having fraudulently conspired to represent Chet the
affairsjof the British Bank were in a pre sperons:condition
during the whole of the year 1855, and half of the year
1850, and for that purpose, in order to carry oat, the
conspiracy, to publish a statement of the effairs of the
bank, to declare a dividend, when, in fact, no dividend
had been earned ; to issue 500 new shares, sehen
they well knew that the bask was approaching ;Leo:
veney, and to publish false abstracts of e
annual balance-sheets, purportieg to exhibit, Ist,
the assets and liabilities ; 2d, the profit and loss ;
33, the capital property and its value ; and, 4.t, the
obligations and circulations of the bank to the date at
which the accounts were made up. It further charges
that they did, in fact, publish each false statements ;
that they had paid dividends as if they had been earned
by the operations of the bank whisk had in fact never
been earned ; that t 3 keep up the credit of the bank
they purchased shares in the market and paid for them
out of the moneys of the bank ; that they issued circa•
lass falsely stating that the bank was pr3sperone, and
published advertisements inviting persons to become
shareholders, with the like object; and had ace pub
lished a aotiee that they were about to islet° a large
number of new shares at a 51. premium. With the
exception of the last count in each information, which is
a general count to cheat, the statements in the sever .1
counts are varied with respect to shareholders, customers
to the bank, and liege subjects generally, the object
charged being to defraud, by inducing such 'persons to
buy new shares, or to depost money in the bank.
The case was resumed this morning. It is expected
that from the intricacy of the details connected with
the charges to be proved against the defendants the
evidence for the prosecution will not be completed till
Saturday. The learned counsel for the defendants will
occupy at least three days in addressing the jury for their
respective clients, and allowing one day for Lard
Campbell to sum up, the case will not be finished earlier
than Thursday or Friday week.
Lord Campbell suggested to the jury that it would be
better for them to take copious notes of the evidence
that would be adduced on the trial, because they would
be detained many days, acd the evidence would no doubt
be of an intrioate character, referring, as it would, to so
many defendants.
The Foreman of the Jury said he was directed by
the jury to make a rather novel application. They
would be called upon to attend many days, and they
thought they ought to be paid a guinea a-day for their
attendance.
L ird Campbell said it was impossible for him to make
any arrangenients of that kind. It must refit with the
parties concerned.
The Foreman.- Perhaps Sir F. Thesiger coull give
them an answer.
Sir F. Thesiger said it was hard to call on him to say
anything on the subject. I have no authority to act.
Lord Campbell said neither sides ought to be called on
so to act.
Sir F. Thesiger said it was undesirable he should be
celled upon then to pronounce an opinion,
Lord Campbell said he thought so.
The subject then dropped.
Mr. Paddieozi was then recalled and examieed by Mr.
Atherton in reference to the Welsh mines,
L ird Campbell said it was deeireble that wh.n any
newß,evidence was called on its nature should be briefly
stated.
Sir F. Thesiger assented, and said he then proposed
to commence inquiry into the Welsh mines, and pursue
it to its end.
Mr. Paddieon then proceeded—Mr. 11. Scale bad
transactions with the hank in 1850. He was engaged
in the iron trade in Glantorganshire, and was in commu-
nication with Duntlerr and Swift, a London he lee. Mr.
Scale obtained a credit of 5,000/. in that year, which
was limited to 3,0001., to cover any bills the bank might
be table bearing their names. On August 16, 1850, a
mortgate of the Ilyett collieries was executed by Scale
to the Baltic, and also his interest in two mortgagee for
2,0001. on property in Liverpool, which bore a previous
mortgage fur 5,000/, The lease of the colliery was for
21 years, with a surface rent of 551. .tnoualiy for the et.a.
and iron mines, with 3501. a year for the first 15 years,
then 2501. for the next year, and afterwaris a pepper
corn, making a gross payment of 6,658/. for the
term. In 1850 a further advance of 3,000/. was
made to Seeley on the assignment of a mottgege
on plant and machinery at Langley Field Colliery,
Staffordshire, and iron works near Salop. There
was also a special charge given on Scales' interest in
premises at Briton Ferry, Gerth, Cefu and Park `iron-
works, warehouses and wharves at Portcawl, Glamor-
gan ; there was also a subsequent mortgage on 600 tons
of pig iron. The witness then proceeded to detail the
transaction in reference to thesead vancee, and the part the
defendants took in the proceedings by reference to books,
papers, &c. The evidence was of the dullest description,
but it might be briefly narrated in the f Rowing manner :
Scale was also at that time the lessee of the Catherine
Gag Ironworks and the Briton Ferry works; he was
seder a contract to purchase the iron works from the
Galvanised Iron Company for 50,000/.; part of the
purchase money was to be left upon a mortgage of the
estate. The Briton Ferry works he was to purchase at
20,0001, upon the same terms. He applied to the bank
for further advances, and he gave, by way of security, a
mortgage on the Langley Fields Colliery, in Stafford.
shire. The bank continued to discount the bills of sale
drawn upon Dumlerr, and a Mr. Swift, a merchant, had
been employed in the negociation of these discounts, and
in a very little time it appeared they amounted to about
18,000/. The bank, according to a statement made by
Esdaile himself, was very insufficiently secured for these
large advances, and it was suggested by Esdaile that
the bank should advance a further sum for the purpose
of enabling them to become the purchasers of the dif-
ferent works which had been designed to thief]. bye way
of mortgage. Pending these negotiatienbsetw-ee
en
became
a a bankrupt, and the matter proceeded
Dumlerr, and the company. The bank was to advance
to Dumlerr a sum of 20,000/., which they were to pay
to the Galvanised Iron Company, who were to sell the
first mortgage for a sum not exceeding 20,0001., and a
sum of 4,000/., which they agreed to advance,. provided
Dumlerr and Swift would undertake to procure another
4,000/. The Galvanised Iron Company was to have a
second mortgage for 10,000/., and Dumlerr and
Swift procured the advance of 4,000/, nomi.
nally from a person named Ashley, but which was in
reality advanced to the Galvanised Iron Company.
Dinnlerr and Swift were to carry on these works in
Glatnorganehire, but it was agreed that the bank was to
send down an inspector to ascertain that the proceedings
were properly carried en, The advances in June. 1851,
by the bank to those works were 48,000/. Messrs.