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

TFIE SUN, LONDON, MONDAY EVENING

' that such practices ;are not only illegal, but that no
length of investigation, no device will shield those who
commit such practices from punishment. In consequence
of this being the first information of the kind I pro-
nounce on you a much milder sentence than I otherwise
would, and that sentence is, that you Humphrey Brown,
Edward Esdaile, and Hugh Inner Cameron, be impri-
soned in the Queen's Prison for the term of one year,
amongst the first-class of misdemeanants. Richard
Hartley Kennedy, the jury have recommended you to
mercy, and I most respectfully attend to that recom-
mendation. I think there are grounds which justified
that recommendation, though there is strong evidence
against you in that last paper for which the jury sent,
and which shows the diligent attention they have paid
to your case. It shows that though you might have been
a respectable member of society, and filling with credit
the office of sheriff, you lent yourself to this scheme,
although you did not derive any personal advantage. It
appears to my mind, that when you last joined the
bank you knew it was insolvent, and that the state-
ment of its affairs to which you lent yourself was a false
statement. The sentence of the court upon Richard
Hartley Kenaedy is, that you be imprisoned for nine
months in the Queen's Prison, also in the first class
of misdemeanants. (Here the defendant shed
tears.) William Daniel Owen, the jury have likewise
found you guilty—that you knew the insolvent state of
the Lank before you concurred in that reportand balance-
sheet. You had long been a director, and had ample
means of information. Several papers read in evidence
disclose that ; and therefore, though your guilt is miti-
gated, I think the sentence of six months' imprisonment
is the sentence which the court ought to pronounce.
Henry Dunning M‘Lsod, the jury, who are the proper
judges of this case, have likewise found you guilty.
You were a member of the Royal British Bank, and bad
means of information as to the state of its affairs. The
jury have found that you had that information, and that
you bad that guilty knowledge when you concurred in
the balance-sheet. The sentence of the court is three
months' imprisonment in the same prison, and also in
the same class. John Stapleton, the jury have found
you guilty, but I cannot conscientiously sentence you
to a severer punishment than that yon pay to the Qaeen
a fine of one shilling, and then be discharged.
Mr. Stapleton here bowed low to his lordship, and
there were some manifestations of applause, which
proved that the sympathy of the public was in favour of
this defendant.

Mr. Kennedy—My lord, on behalf of Mr. Brown, I
have to ask your lordship to defer the execution of the
sentence until Monday, that arrangements may be made.
Lord Campbell—No ; I will not delay the execution
of the sentence one moment. (Loud applause from the
spectators)

Mr. Atherton here mentioned to his lordship that he
had said, with the concurrence of counsel on both sides,
that he would decide what remuneration the jury should
receive.

Lord Campbell—l most willingly undertake the
,luty ; but when I am called upon to say what is a
fit recompense for the jury, I regret that it is not
in my power to award them such a recompense.
I can only go on the principle on which the payment
to special juries is awarded, and that is a guinea
a day to each juror. Therefore the sum that I
award to each juryman is 13 guineas, bat that sum I say
is a most inadequate recompense ; but in addition to that,
gentlemen, you have the thanks of your country. There
is one thing more which I wish to say. As far as I
have observed, my recommendation that the public
should refrain from all comments on this trial until it
was over has been strictly observed. That is highly
creditable to the press ; and I rejoice the time is now
come when it will be open to all her Majesty's subjects to
freely comment on this trial.

Mr. Atherton—My Lord, there are two informations
against other defendants, and I have to apply to your
lord.l lip to make them remanets.

Lord Campbell—Certainly.
His lordship was making some further observations to
the jury, which we were unable to hear owing to the
noi-y interruption of the man who serves the subpainas
on the special jury in requesting them to take his as-
surance, as an "officer of the court," that he was to call
on them with their fees on Monday.
All the defendants were subsequently passed through
a private door, from whence they were conveyed in cus-
tody to the Queen's Bench Poison.
Now that this protracted trial is over we have again
to express our acknowledgments to the officials of
the court for the excellent arrangements made for the
press, and thecourtesy with which they afforded any fa-
cilities in the discharge of our labours.

THE CHARGE AGAINST MR. ISAAC

BUTT, M.P.

PARLIAMENTARY COMMITTEE.

[The following appeared in our late edition of Satur-
day evening
The Committee reassembled this morning at 12 o'clock.
Sir J. Graham in the chair.
Sir W. Codrington said previous to the re-commence-
ment of the inquiry, he begged to state that he had re-
ceived a visit from Mrs. Parr. She seemed very
anxious that means should be afforded her of rebutting
that part of the evidence aspersing her character. He
told her he would mention the subject to the committee,
and inform her what was their decision upon the subject.
Sir James Graham said it had better be done at the
end of the inquiry.
Mr. Vernon Smith, examined by Mr. Roebuck,
said, during the whole of Lord Palmeraton's Ministry
he was President of the Board of Control, lie
frequently saw Mr. Butt on the subject of the claims of
Ali Moored. In 18'id he remembered a memorial being
presented to the Queen from the Anseer. In March,
1857, he remembered papers being moved for. He
recollected a conversation he had with Mr. Batt pre-
vious to that motion. The substance of the conversation
was that Mr. Butt urged the justice of the claims of Ali
Moored. He did not recollect that Mr. Butt said any
" compromise" was entered into. Mr. Butt wished that
the turban lands should be re'tored to Ali Moored.
Dying one of the conferences Mr. Butt stated that the
matter would be brought before the house, bat he did
❑otremember Mr. Butt saying " he would bring the subject
ferward." He (witness) considered that such a course
would be inadvisable, and he agreed with Mr. Bu't
that at that particular time it would have had a bad
effect to proclaim to the public that there
was disaffection among the native princes. He recol-
lected a draft letter being sent to the Board of Control
by the Court of Directors ; it was altered and returned
to the Court. When he came into office he looked upo❑
the case of Ali Moored as settled. He believed that
the Ameer had been guilty of the offence of which he had
been charged—that of forgery in the treaty ; but he
considered that the punishment inflicted upon him
was excessive, tied 2a the Atneer had behaved
well fur seven or eight years some mitigation
should be made in his sentence. He had an interview
with Mr. Butt, and told him such was his opinion. He
also had an interview with Ali Moored, and he believed
that he went out to India under the idea that the
authorities there would listen to his rase.
By Mr.Deasy—He recollected Mr. Butt telling him he
should move for certain papers at the time of the Indian
budget. He told Mr. Butt he thought the standing
orders would prevent his taking such a course, This
conversation took place in the House of Commons. This
took place in 1856.
Mr. Roebuck—Did you ever give Mr. Butt authority
to say to the Ameer that he must dismiss Mr. Coffey ?
Mr. V. Smith—No, as he had nothing to do with the
subject. At a subsequent time Mr. Coffey wrote to
him to ask him to vindicate his character from certain
aspersions. He merely acknowledged the letter and
declined to interfere. The assertion that be gave autho-
rity to discharge Mr. Coffey was untrue. He had no
authority to give such a direction.
Cross-examined by Mr. Deasy—He thought for a long
time that the case of Ali Moored was in the heeds of
Sir F. Kelly. He certainly suggested to Ali Moored,
when he set ont for India, that he should go as quickly
as possible ; and, moreover, told him to exert himself in
suppressing any disturbance he might find on his arrival
there, and do all he could for the support of tie tot hority
of the English Government.

By Sir J. Graham—When he gave an official interview
to Ali Moorad he had not bad any conversation on the
subject with Mr. Butt. He introduced the Queen of
Oude contrary to the wishes of the Court of Directors.
When he went to the Board cf Control he considered ;!e
had a right to exercise his own judgment, and he be-
lieved he was the first president who ever thought o
remitting a portion of the sentence on Ali Moorad. lla
considered the punishment infl.cted on Ali Moorad
as exce,sive. He never went the length suggested by
Mr. Butt with respect to the Aineer's case. He con-
sidered the Government of India was the proper tribunid
to deal with such a subject. He did not know whethtr
the committee wi4ied him to review the decision ho
had already arrived at.
Sir J. Graham--Certainly not.

By Mr. Sergeant Kingiake—He made known his
opinion that the Government of Bombay was the prop,r
tribunal to deal with the Arneer'a case to Mr. Butt.
By Mr. Wilson Patten—He bad heard, like other
persons, that members of Parliament had received pre-
sents for advocating the claims of Indian princes, but he
had never been officially informed of tha fact. lie never
under stood that any of the persons who had cal • 1
upon him had any pecuniary interest in the result.
By Sir J. Graham—lf you had known that any per-
son had called upon you with respect to the Atneer's
claim, and had had a pecuniary interest in the settle-
ment, would you have broken off the interview at once ?
Mr. V. Smith—Certainly. I should never have
allowed any pressure to be placed upon me to advocate
certain claims in Parliament.

By Sir J. Graham—Mr. Butt said he was going to
Vienna in order to a-certain whether the Atneer was
going to India or not, and he (witness) gave him a letter
of introduction to Sir H. Seymour.
The right hon. gentleman having answered a few
other unimportant questions, retired, and the room was
ordered to be cleared, in order that Mr. Deasy's proposal
for the production of the bill of costs of Messrs. Hunt ano
Esdaile might be decided.
On the room being reopened.
Mr. E,daile was called, and the chairman informed
him that be was only required to give dates and names
of the parties who attended certain consultations,
The witness then, in answer to Mr. Deasy, said there
euwasa consultation on July 27, 1856, at which Sir F.
Y, Mr. Butt, and Mr. Ayrton were present. There
woe also a-
-..-0.. consultation on August 13, at which Sir F.
zh- itY arta ur R,-
present. *
Mr. Roo:,
Untt att
.ue...Langloak: attended. Mr.
end In 1856 many consultationsßu
Butt was not
did Mr.
1 -Witness -04 e •
_ El the 2U
• 0
of February, 1857,

there was a consultation; Mr. Butt's name was not
down as attending on that occasion, but he believed he
was present. On the 21st of July there was a consulta-
tion, at which Mr. Butt was present. Neither he nor
his partner, Mr. Hunt, ever paid Mr. Butt any fees for
attendance on those occasions,
Mr. Deasy—Can you say, from a reference to your
books, whether any resolution was come to on the part
of those acting for A.ll Moorad, that Mr. Butt should
take no further steps in Parliament in the Ameer's
case, excepting moving for papers.
Witness—l object to answer that question.
Mr. Bright—l don't see how you can object to answer
such a question.
Sir J. Graham—lt is the opinion that you must
answer that questior.
Mr. Esdaile—ln May, 1857, it was resolved that cer-
tain steps proposed to be taken with respect to the
Ameer, should not be taken unless with the direct
sanction of Sir F. Kelly.
Mr. Bright—Was it objected that Mr. Butt should
not move in Parliament on the subject because he was
the confidential legal adviser of the Ameer ?
Mr. Esdaile—Ne.
Mr. Deasy—Were the names of other persons men-
tioned I
Mr. Esdaile—Yes, certainly, the names of other
parties were mentioned.
Mr. David Coffey was recalled, and in answer to Mr.
Deasy said he coald not say whether, in reference to the
answer he gave yesterday, the consultation fee he gave
to Mr. Butt had reference to the prosecution of the
Ameer's claim in the English court.
By Mr. Roebuck—He knew that it related to the
Ameer's ease. Mr. I3utt informed him that a sum
amounting to 45,000/. had been held out to the Ameer
as an inducement for him to go out to India.
By Mr. Bouverie—Mr. Butt told him he was to re-
ceive 2,0004 , aed that a further sum of 8,0001., was to
be paid to him in bills, two at short dates, and the
other at a Fang 3ne. One was to be paid immediately.
Mr. Butt said he bad arranged with Mr. Edward Coffey.
Mr. Butt purchased the bills, and he (witness) filled in
the dates and the amount, and sent them to his brother
endorsed in the usual manner.
By Mr. It rehuck—Mr. Butt told him there was a
condition affixed to those bills, namely that he was to
have the amount mentioned for proceeding to India.
There was no stipulation that he was to do anything
previous to his going to India.
By Mr. Deasy—He did not become acquainted with
the circumstances of the case of Mr. Butt's going to
India until he arrived in London.
Sir G. Clerk, secretary of the Board of Control,
examined by Mr. Roebuck, was next called—He said
he recollected reading two letters complaining of the
detention of Ali Moorad on his route to India by Mr.
Coffey, and his alleged misappropriation of funds, the
property of the Ameer. The sul•jec'; mentioned in the
letters was no affair of the Board of Control, and he
pent the letters to Mr. Butt to get rid of them. The
lettere were sent to Mr. Butt as he was a member of
Parliament, and had taken great interest in the case of
the Ameer, and was on the point of proceeding to
Trieste to make inquiry about it.
Sir J. Graham—Although the document was officially
received it was forwarded to Mr. Butt
Witness—Yes.
Mr. Roebuck—Although it reflected very severely
on the conduct of the person who had no means of
answering it ?
Witness—Yes. It was represented to the Board that
the Ameer was being detained, and that Mr. Coffey
was eating up his money.
Sir W. Codrington—Was the document forwarded
officially to the board t
Wits ass—Yes. •
Mr. Roebuck—That closes the case for the petitioner.
Mr. Isaac Butt, M.P., Q.C.
Mr. Sergeant Deasy. He
wa' was then examined by
s member for Youghal,
and bad eat in Parliament since the year 1852. He was
first introduced to Mr. Edward Coffey, in 1356, either
by James or David. He had been acquainted with Mr.
James Coffey for some time, as a barrister going to cir-
cuit. He was not so well acquainted with Mr. David
C`f y. He way residing in Cleveland-road when Mr.
Coffey called upon him and asked for a conference. The
subject discussed was whether the Ameer's case was a
fit one to submit to the Judicial Committee of the Privy
Council. After reading the papers, he was of opinion
there was no redress for the Ameer in the Courts of
law is this country. If the Ameer had been an
independent sovereign, he thought there might have
been a chance for him. He afterwards said he thought
the case might be laid before the House of Commons.
That observation was made in consequence of Mr.
Edward Coffey asking whether the subject could not be
laid before the house. He (witness) said he must again
read the papers with that view. He afterwards
drew up a petition to Parliament, which he ps..
sented. On Friday, the 4th of July, he put
a motion on the paper to bring the matter before
the house on the presentation of the Indian budget. On
the 21st of the same month the Indian budget came on,
but he was prevented from proceeding by the Speaker,
on a point of form. On the 24th the motion was made,
and the papers were granted.
Mr. Deasy--1 Did a conversation take place between
you and Mr. Edward Coffey, that you were not a very
rich man, and that as you would have to incur enormous
ex dense the Ameer must reward you for your services?
Mr. Butt—l am not on my oath, but before my
country and this committee, I declare, upon the honour
and comhience of a gentleman that no suchconvereation
ever took place.
Mr. Deasy—Did Mr. Coffey ever communicate to you
any proposition to which you replied that it was not
very satisfactory or kind of the Ameer?
Mr. Butt—. No. Nothing of the sort ever took place.
Mr. Deasy—lVas there ever any contract or offer
proposed to you by Mr. Coffey of any pecuniary pay-
toent or other reward to be given to you for any
services to be rendered to the Ammer, either in Pal lia.
went, the East India Company, or the Board of Control?
Mr. Butt—Ccrtainly not.

Mr. Deasy—Had you any other motive in moving for
the papers mentions', other than a sense of the justice
of the case

Mr. Butt—My only motive was that I thought the
case offend a good opportunity of Parliamentary
distinction.

Mr. Deasy—llad you, in taking up the case of the
Auieer Ali Moorad„any hope of ultimately receiving
reward

Have, you been present at consultations
Mr. Butt—Not the slightest.
Mr. Dewy—Have
to the Arneer s case I
Mr. Butt—l have,
Mr. Deasy—Have you ever been paid for those con-
sultations
Mr. Butt—Never.
In answer to further questions the hon. gentleman
said he told Sir F. Kelly he was about to open a nego-
tiation with the Board of Control, but that he would
take care so to conduct it as not to compromise him, and
that be would not take any steps without his sanction.
He saw Mr. V. Smith, who said he was disposed to
take the same view of the A.rneer's case as he had done,
and Mr. V. Smith gave him authority to state that to
the Court of Directors. He told Mr. Smith that, al-
though he had the strongest faith in the Board of Coe-
! red, he had not the Came confider:ea in the Court of
Directors, upon which Mr. Smith advised him to com-
municate privately with Mr. Mangles, under the assur-
ance that that gentleman would not reveal the eorres-
pondence. lie did so, and Mr. Mangles received a
communication ire confidence, and that confidence
was kept from the fact given in evidence that ththetters
bad been destroyed. As he proceeded in the transaction
he submitted the letters to Sir F. Kelly, not in confer-
ence but in the course of private conversation. Mr. V.
Smith said the matter ought to be submitted to thelndian
Government, and it was at that time that Mr. Coffey
ir.
hCeuff would give him 10,0001.
to go to India. Ile
suggested that he (Mr. Butt) should go to India to settle
then introduced the
,tlhme
eeekrmtoeerh'ismc,laainmd.
he A
said
Ile said it would n•,t be worth his while
to go for that sum, and that he was quite certain it would
be for the interest cf the Ameer that he should go. He
afterwardsfa he
said
it
wa
on the subject, and
nce to him to ascertain
iEmt.opoCrotffey
carrya out such an arrange-
ment, ant Asr ableocoff and willing
said there could he no doubt of its
but on speaking to other friends witness was advised on
is
e
theoake utmost to
Mr.
no account to quit England without he bad 3,000/. eo sn
and the remainder well secured, and that was the spe-
cific arrangement ho bad with Mr. Coffey. It was
arranged that he was to have a cheque fur 300/. on
account, and Coffey promised to get it for him on the
following day. On that day C, ffey came to him and said,
" I have not got the cheque ha. you. The Ameer was
about drawing it, when a red-headed man came in, and
he sail it would be unlucky to draw the cheque atter
seeing such a pers:n." The reason he objected to the
crossed cheque was, that having immediate demand for
money, it could not so easily be made available as an
open one.
The further examination of the hon. gentleman was
adjourned until 12 o'clock on Monday.

The Birmingham Triennial Festival is fixed to take
place in the autumn of the present year. The days for
holding this great musical celebration will be August
31, and Sept. Ist, 2'l, and 3d. The Earl of Dartmouth
has accepted the office of president.
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