The Sun.
London, England, 1858-02-27 00:00:00

THE SUN, LOND"ON, SATUR DAY EVENING, FEBRUARY 27, 1E558

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100
100
all
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Sit EFERENCE SHARES.

all Blyth and Tyne 10 p.
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64dap..t 50. >t"))
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1100° 0 CB cal :li Pes dr eScfn
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all Do. 44 per cent
104 Do. do.
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100 Do. 54 p.c. pf , 1847
100 Do. Wv.V.sp. ..,1847
LOU North British .. ..... ..
3i Do. 71. Preference ...
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13 Do. Leeds 6pa No.l
9 Do. do. Qrs., 1848
10 Do. York H.& S. Put
all North Staffordshire
100 Ox,, Wor. & Wolv. 6
p.c., Ist guar..,..,,
1100 Do, 6p. c. 2d guar
100 Do. do. Debectr. St
all Scot. Cent. New Prof
100 - c.N.E.Alaer.g.6p.c
100 Do.. do. 7 p.c. pf. St,
100 Do. d 0.34 p.o. pf t
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all Do. fixed 44 pr cent
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Ann.) of £1 Os. 6d.
100 Do. 44 por cent
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1100 Do. New 4i pr. cent
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100 Do. do. 44 p. c
all S.Yorksh.4 p.c.Guar
all Stock. &Dar., sp. c
19 o. do. do.
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Business
this day

T.HE ROYAL BRITISH BANK (This Day.)

COURT OF QUEEN'S BENCH, GUILDHALL.
(Sitting at NiA Pring, before Lord Campbell and a
Special Jary.)
THE QUEEN V. BROWN AND OTHERS.
THIRTHENTE DAT.

The trial Of the iuformetion ageinet the directors and
manager of the Royal British Bank for conspiring by
false pretences to defraud the shareholders and cue-
temers and the public, was this day resumed.
The same counsel appeared as before.
The Court met at 12 o'clock.
The interest in these proceedings was greatly increased
this morning from the fact that they would be this day
brought to a close; and long before the time for opening
the court the avenues were densely crowded, and by 12
o'clock every available space was occupied by an anxious
auditory ; amongst whom were many respectably dressed
females. On the bench were the Hon. Misses Campbell,
his Lordship's daughters, Lord Overstone, the Hon
Miss Jones Lloyd, and several of the ladies of the
families of the jury.
Punctually at 12 o'clock his lordship took his seat on
the bench and commenced summing up. He said the
anxious task now devolved upon him of summing up the
evidence in this remarkable reed very important ease ;
and he said it most unaffectedly that his anxiety was
••-• grea'ly diminished by considering the character and
qualificatious of the gentlemen whom he now ad-
dressed. If it bad been his duty to have tried this
case at the Aesizee in the country before country gen-
tlemen and farmers, he should have been much more
embarrassed, for he probably would have known more
than the jury, and it would have been his difficult and
irksome task to have tried to cemmunicete informa-
tion to them which they stood in need of ' • but the
jury now trying this case knew more of the subject
under investigation than he did, and it was most satis-
factory to him to think that they were so well qualified
to decide and do that justice ho was sure would be done
to the country and the defendants by their verdict.
After the long and laborious trial he thought
they were now at the thirteenth day, during
which time they had devotedly attended to
the evidence as it proceeded, and they seemed to him
to thoroughly understand it as it proceeded step by step
and therefore his task was now comparatively easy, and
he should only feel it his duty to state to them the ques-
tions of law as they arose, and to direct their attention
to what he considered the principal points for them to
determine. It bad been his fate on the trial of a cause
as judge to occupy two days in summing up the
evidence, and if he thought that he could do
any good, or at all assist them by going through the
whole of his notes, page by page, he would not hesitate
a moment to do so, hut he thought that in this case were
he to do so be should be perplexing them rather than
assisting them, and he thought he should be best dis-
charging his duty by bringing the few plain points of
the case before the and upon which their verdict was
to pass between the Crown and the defendants. They
were aware this was a criminal information filed by
her Majesty's late Attorney-General, a gentleman
of great learning and high honour, and who had filled
the office of her Majesty's Attorney-General with great
distinction and benefit to the Country, but whatever
might be the result of the prosecution, no one could for
a moment impute the slightest particle of blame to him
for the course he had adopted. After the disaster of the
failure of the bank, the ruin it had brought upon
hundreds, and the scandal it had caused, it was essen-
tially necessary a judicial investigation should take
place, and he bad only put the defendants on their
trial or what was termed an ex officio information,
which was a course of proceeding of an eminent character
and perfectly constitutional. The information charged
the defendants with having oon:spired together to repro
sent falsely and fraudulently that the Royal British Bank
and its affairs had been during the year, ending Dec. 31,
1855, in a sound and prosperous condition, producing
profits divisible among the shareholders. That was the
alleged conspiracy, and there were several overt acts
alleged, the principal of which were the report of the
directors to the shareholders of the state of the bank
up to 31st Dee,, 1355, the issuing of new shares ; the
balance sheet of which they had heard so much which
profeeeed to give a true account of the condition of the
bank at that time ; the payment of dividends of 6 per
cent, out of supposed profits, and the buying of shares
to keep up the price. It had already been stared to
them by the learned coon el frr the prosecution that by
the law of England the crime of conspiracy may be com-
plete without any overt act being corninitt=d, but at the
same time overt acts were material to be looked at by
juries, because from them they mightdraw inferences whe-
ther the alleged conspiracy ever took piece. It had also been
truly stated that it was not necessary to prove conspiracy,
that evidence should be given of the formal consults
win of the parties accused, or their having deliberately
resolved that they would commit some illegal act, or
resor4 to inept means to gain any object,
but if, as rea,onable men, a jury could say
there was a common design or acting in con-
cert to do what was wroug, it would be a ground
upon which a jury might suppose and reasonably draw
the lam ence that such a conspiracy was actually formed.
The manner in which the prosecution proposed to prove
the charge of conspiracy, was first to show that the bank
was in a state_uf insolvency at tios'end of 1655 and the
beginning of 1856; and that being known -tip the defen-
dants they entered into a design to represent that the
hank was then in a flourishing condition, for the pur-
pose of deceiving and defrauding those who were
shareholders, or the public who might wish to become
shareholdersor have dealings with the Royal British Bank.
It would be for them to say whether, on the part of the
prosecution, they had established their case. He must,
however, caution them against supposing that,
although one or . several of the defendants might
have done what was improper, it would not
be sufficient to establish the charge against
then for example, if any of this wanton after the reserve
the their
charge
know-
led
of
fund ha been exhausted, and they had lost more than
one-fourth
,se
e-foouir
the
eo
fact
ethe o pf
i it,
paid-up
conspiracy to misrepresent for the purpose of deceiving
and defrauding the public, for there must be
a joint act with a guilty knowledge. He
should first call their attention to whether there had
been
generally was alleged on the
part of thene r aCilryow suchn, a
ndhn he conspiracy
as
eouplelat capital
e establish without
lion to the case as it practically affected the defendants
eand draw their atten-
s
[re be continued in our last edition.]

THE CHARGE AGAINST MR. ISAAC
BUTT, M.P.

PARLIAMENTARY COMMITTEE.—THIS DAY.
The committee for investigating the charges in the
petition of Mr. Coffey against Mr. Imams Butt re-assem-
bled this morning at 12 o'clock in No. 18, Committee-
room.

S ceived a visit from Mrs. Parr. Sheth
ir W. Cod
of
theinrginuigrtyo,ri said previoushebeggeito tosta the re-Commence-
meatte
eaetemheedhadverrey-
anxious that means should be afforded her of rebutting
that part of the evidence aspersing her character. He
at onldd
informher he
her
whatmentionuld la shtteir de
be
eiosubjectein to the committee,
he Mwr. as VperrnesoindenStmei
ft h, upon the subject.
Sir James Graham said it had better be done at the
end of the inquiry.
said, during the whole of Lord Palmeraton's Ministry
theexaßmoineerdd bey Mr. Roebuck,
f
Control. He
frequently saw Mr. Butt on the subject of the claims of
Ali Moored. In 1856 he remembered a memorial being
presented to the Queen from the Ameer. In March,
1857, he remembered papers being moved for. He
recollected a conversation he had with Mr. Butt pre-
vious to that motion. The substance of the conversation
was that Mr. Butt urged Mae 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 restored to Ali Moorad.
During one of the conferences Mr. Butt stated that the
matter would be brought before the house, but he did
not remember Mr. Butteaying "he would bring the subject
forward." He (witness) considered that such a course
would be inadvisable, and he agreed with Mr. Butt
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 ; was altered and returned
to the Court. When he came into office he looked upon
the case of Ali Moored as settled. He believed that
the Ameer had been guilty of the offence of which hehad
been charged—that of forgery in the treaty; but he
considered that the punishment inflicted upon him
was excessive, and as the Ameer had behaved
well for seven or eight years some mitigation
should be made in his sentence. Ile had an interview
with Mr. Batt, 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 case.
By Mr. Deasy—Herecollected 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 bad 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 hands of
Sir F. Kelly. He certainly suggested to Ali Moorad,
when he set out 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
there, and do all he could for the support of the authority
arriv.ali
of the English Government.
By Sr J. Graham—When he gave an fficial interview
to Ali Mourad he had not bad any conversation on the
subject with Mr. Butt. He introduced the Queen of
When he went to the Board of Cvattol he considered he
Oude contrary to the wishes of the Court of Directors.

ad
a right to exercile his own judgment, and he he-
deved he was the first president who ever thought of
remitting a pertioa cf the eel:tonne on Ali Moorad. He
considered the punishment fufl.cced on Aii Moored
as exce,sive. He never went the length suggested by
Mr. Butt with respect to the Ameer's case. He con
-edered the Government of India was the proper tribunal
o peal with such a subject, Be n know whether
Lhe committee wished him to review the Liecieion he
had already arrived at.
Sir J. Graham—Certainly riot.
By Mr. Sergeant Kinglake—He made known his
opinion that the Government of Bombay was the proper
tribunal to deal with the Ameer's case to Mr. BLitt.
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
bad never been offimally informed of the fact. He never
understood that any of the persona who had called
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 Ameer'e
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 ascertain whether the Ameer was
doing 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
.or the production of the bill of coats of Messrs. Hunt and
Esdaile might be decided.
On the room being reopened.
Mr. Esdaile was called, and the chairman informed
him that be was only required to give dates and names
.4 the parties who attended certain consultations,
The witness then, in answer to Mr. Desay,•said there
Was a consu;tation on July 27, 1856, at which Sir F.
Kelly, Mr. Butt, and Mr. Ayrton were present. There
was also a consultation on August 13, at which Sir F
Kelly and Mr. Kinglake attended. Mr. Butt was nee
pres,nt.

Mr. Roebuck—How many consultations did Mr,
Butt attend in 1856.

Witness —One. On the 23d of February, 1357,
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 Ali Moored, 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 question.
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 direst
sanction of Sir F. Kelly.
[To be continued in our last edttion.j

MARKET NEWS.—(This Day.)

COVENT GARDEN.

TILS ATT.EMPT
TER EMTERO

PARIS, Thar-day.—The Court of Assiz s was
crowd-.d long before 10 o'clock by those pei,ons
who Lad obtained pe:rn•ssi-n to be pres tit o t
occasion. Many of the cor,-.;sp, ndent- of tie
Loed journals were unable to get jet the Court.
It is not positively known whether it is the int-rn-
tion of the French Government to exclude the
agents of foreign journals during the trial of Orsini
and his companions ; but certain it is, the difficulty
of obtaining tickets to enter the court is much
greater than on previous occasions.
Authentic information is, it appears, to be sup-
pressed as far as possible. In pursuance of a deci-
sion as unprecedented as it is arbitrary, unconsti-
tutional, and illegal, the authorities have pro-
hibited the French journals from publishing any
reports of this trial, except such as shall be given
out by a board of censure specially appointed for
the purpose. The official report is intended, it is
said, to be very brief,
There were in court many gentlemen of the
French bar who will, no doubt, give their version
of the trial, and by degrees all will be known.
The accusation and trial is based on an attempt to
assassinate the Emperor and. Empress of the French,
on the-eveningofJan. 14. Five persons are d rectly
accused as the authors of the plot, namely Joseph
Pierri, Chas. de Rudio, Antonio Gomez, F. Orsini,
and Simon Francois Barnard (the last-named ab-
sent). De Rudio, Gomez, and Orsini, who threw
the shells, are further accused of the murder of
divers persons who have died from the wounds they
received on the said evening of January 14th.
The conduct of the trial is in the hands of M.
Delangle, the President. Orsini and Pierridecided
on having M. Jules Favro as legal counsel. De
Radio and Gomez having declared that they had
not made any choice, President Delangle has named
M. Mathieu to act for the former, and M. Nicolet
for the latter.
Lord Cowley, Marshal Magnan, General Fleury,
M. Dupin, and M. St. Georges (of the imperial
printing-office), were among the company on the
bench behind the judges. The members of the
Council of the Order were the only advocates (be-
sides those engaged in the cause) who were admitted
without tickets. At 2J minutes past 10 the four
prisoners, guarded, as usual, by gen larmes, took
their seats in the dock in the following order : 1,
Gomez; 2, de Rudio ; 3, Orsini; 4, Pierre. Gomez
appears about 30 years old. He has a mild expres-
sion of countenance, rather fresh colour, long light-
brown hair, and no beard. He was well-drased iu
black, with black kid gloves, and appeared very
calm. He does not look at all like a servant, but
his appearance is less distingu6 than that of the
other three, who have evidently been brought up as
gentlemen. De Rudio has a large head with a
lower jaw strongly developed, and a very deter-
mined expression of countenance, yellowish com-
plexion, thick black hair, with mustachios and im-
perial of the same colour. He is a strong made
man, with large high shoulders. He was dressed
in black ; age 25. He appeared very calm.
Orsini, the principal prisoner, is a man of middle
height (40 years old), with hair turning grey and
very much off his forehead, and large and very black
whiskers. He has an aquiline nose, piercing black
eyes, a small well-chiselled mouth, very white
teeth, and a pale complexion. He was well dressed,
with a black frock coat and black kid gloves. He
speaks French fluently, but with a strong Italian
accent. On coming into court he looked round
with a certain degree of curiosity, but without be-
traying the least emotion.
Pierri is 50 years old. He has short bristly black
hair, and wears an entire beard, which is rather
grey. He has large features, and a countenance
expressive of great determination. Like the other
prisoners he was dressed in black. It was remarked
that both he and Orsini held their heads erect, with
a haughty, undaunted air.
A few seconds after the introduction of the pri-
soners, President Delangle and the other judges
took their seats on the bench. After the usual
questions to the prisoners touching their names,
ages, and professions, the long acte d'accusation was
read, and occupied the court till past 12 o'clock.
The sitting was then suspended a short time. On
the judges returning into court, Gomez was inter-
rogated by President Delangle. His answers may
be summed up to this effect :—That he was not re-
sponsible for the act with which he was charged ;
he only obeyed orders without knowing the object
of them. (Orsini was observed to smile during
these explanations.)
De Rudio said he was sent to Paris by Bernard ;
that when he arrived there, but not before, the
project of the assassination was confided to himby
Orsini ; thathe agreed to come into it, because, had
he refused, he feared that he should have been
treated as a spy, and perhaps assassinated.
Orsini said that when he found that Napoleon 111.
had it in his power to do so much for Italy, and
bad used it against her, the idea came inro his
hetad to act the part of Brutus, and that it was a
right thing to kill the man who had killed the
liberties of his country. He repeatedly said that
he would not say a word against his fellow-pri-
soners, and that he regretted anything which, in a
moment of anger, might have fallen from him
against them. He answered with apparent candour
all that concerned himself, but did in fact refuse to
answer every question touching his confederates.
He showed great firmness throughout. He took
credit to himself for the part he had played in the
Roman Republic. He said that liberty ought to
be based upon courage and con Aaucy, and not upon
assassination. Whether Italy was to be repub
lican or not, he said that she must first, and above
all things, be independent.
Pierri answered loosely, and often wandered from
the questions. He denied everything, and said that
he only came to Paris to see his son. The shell found
upon him had, he said, been given him by Orsini
to take care of, he not knowing what it was. He
had a rendezvous with Orsini on January 14, at a
Cafe Chantant, and it was on his way there that,
attracted by a crowd near the opera, he went quite
by accident into the Rue Lepelletier, where a
policeman arrested him before the explosion.
M. Jules Fevre, who defended Orsini, rose and
addressed the jury something to this effect:—
"I would wish to forget for a moment the painful feeling
which oppresses me, and express my admiration of the
eloquent display which we have just witnessed. The
learned advocate opposite (M. Chaix d'Est Ange) has long
adorned our benches; his place has remained unfilled, and
he himself is regretted by us all. His career sheds bril-
liancy on the solemn functions with which he is now in-
vested, and the prestige of his eloquence imparts to then' a
formidable force. If a danger was to be found in finding
oneself opposed to him, it is that very sentiment which
his concluding words have invoked. We had no need of
that appeal to pity which we have just heard. We are all
seized with terror and dismay on thinking of the bloody
tragedy which brings us to this spot. Saying thus much,
I may add that I do not share all the opinions of the
Procureur-General on the acts, the principles, and the
men concerning whom he has spoken. My own opinions,
my principles are known to the Procuraur. lie knows also
that crimes, violence, abuse of force, have never been, are
not, and never will be their symbol. No !I do not, I can-
not believe that mere force can establish rights. Accor,ling
to my views it is through their habits and usages that states
become degenerated ; and, if a nation was unfortunate
enough to fall within the grasp of a despot, they would, in-
deed, be badly inspired who should seek to get rid of him
by the steel. History teaches us that Governments perish
by the excess of their principle. God, who counts the hours
of the power of this world, reserves for that power which
his Providence has condemned catastrophes much more
sudden, much more striking, than by all the criminal ma-
chinations that were ever planned by conspirators. This is
my firm belief. Orsini asked me to defend him. I did not
reject his prayer; but at the same time I well understood
the weight of the burden imposed on me—nay, more, my
inability. I expressed to him all the horror which his crime
impressed me with, whilst I felt touched by his misfortune,
and when speaking of his country I felt compassion at his
tears. I told him that for a cause like his—the inde-
pendence of his country—l would,
that
object him, shed the last
drop of my blood : but I added that in the pursuit of
_
object he had grievously erred ; that that error of mind
he must expiate, and that his life would be the expiation
for the laws he had violated ; that his life was drawing
a close, as a punishment due to the g
u principle
disre-
of respect for human life,
garded. I told him I should at
whichnhe had
him
usntiofwy
before the jury,
and assist him at this solemn hour.
Behold
t me
je
at my poet. lam not here J.o glorify Orsini, nor
him, not more than to save him.
sou s
I I wish only to endeavour
rays of the light of truth
—of that truth which
to cast on his immortal treaten will protest his memory
against the execration of post to offer some explanations.
I will do so erity. Ido not coins here
to pretend to excuse, but simply
moderately, for I am not like the Attorney-
General,
invested
history,
the privilege of seeking out
at my ease, the causes which render my
WW2
try liable to a too frequent repetition of similar at-
tempts. Ido not come here to save--I do not come even
to defend -but solely to explain his fatal aberration;
trusting to demonstrate to you that my unfortunate client
is not unworthy of some feeling of pity. I will first rectify
what I consider to be a mistake of the Attorney-General.
The crime has not been dictated by ambition. I never
thought that the blood which has been shed could have
favoured his accession to power. Ambition has not been the
great occupation of his life—his whole existence has been
one long struggle against foreign oppression. Why, how
could it be otherwise ? He drew these sentiments, those
noble traditions, from the blood of his parents, and
was nurtured in them beside the domestic hearth. His
father, M. Orsini, took part in the first revolution—
was captain in the army under the First Empire—and
made the Russian campaign. He Was one of that glorious
phalanx which, notwithstanding that foreign lands fur-
nished its rank and file, fought in the same cause with
France, marched under the same flag, and mingled its
blood with ours on the battle-fields of Europe. Force,
rather than ideas, raised up that empire; force likewise
overthrew it ; and, after its fall, Orsini sheathed his sword.
But, during the great reign, Italy witnessed the realisation
of the dream she nourished during all the course of her
history, Italian unity under the sceptre of a great chief.
Are you, then, surprised that, at the resurrection of the
system overthrown in 1815, M. Orsini, the father, should
have thrown himself into an enterprise which was destined
to restore unity to Italy, that unity whiohhhe hade
sh.i seen
his
r
realised in his youth, and for which n
ndertaking
blood ? And doto brandsuc
by the name of conspiracy seekpiracy ? Beware l That plot, if plot
t two conspirators 121 its
you insist on terming it, counted