The Sun.
London, England, 1859-12-06 00:00:00

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by them. I did not know what was in them. 1 be-
lieve the 10 tens produced to be. those written in my
presence. I believe that when Rosy took the bottle
she was under the impression that it was poison, as
she said something about Edmund having adminis-
tered some to a cat.

Mr. G. Love, surgeon, attributed death in both
cases to the taking prussic acid or cyanide of potass.
A bottle containing the contents of the stomach
having been produced, and the smell compared with
the bottle containing acid,
The Coroner summed up, when
The jury, after a short deliberation, returned a
verdict in each case of " death from the effects of
poison taken while in a state of unsound mind."

In respect whereof, &c.,

NEW S PAPE R

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the direttors, but the •present pursr& affi
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cur in that protest, or adhere therer. ' " --2- .4-,s)
XIII. By the articles of an'rceraent 'e en. s
Edinburgh and Glasgow Bank and the CifdesaTe
Banking Company, of Bth and 9th June, 1858; of
which agreement the pursuer apprgved, and in
which he concurred—it was provided, " That the
stock and business of the said Edinburgh and
Glasgow Bank shall, as on the evening of the lath
day of June, 1858, be taken over by, so as to 'be
united with the Clydesdale Banking Company, and
that subject to the terms and conditions following."
The agreement then specified the terms on which
the stock, assets, and business of the Edinburgh
and Glasgow Bank were to be handed over to. the
Clydesdale Banking Company. The agreement is
referred to. The agreement was, with the pursuer's
consent and concurrence, carried into effect; and
the whole stock and property of every description
belonging to the Edinburgh and Glasgow Bank
were transferred and made over to the Clydesdale
Banking Company.
XIV. The various purchases made by the pur-
suer of stock or shares in the Edinburgh and Glas-
gow Bank were made without any reference to,
and without any communication with, the defender.
The purchases were made as speculations on the
part of the pursuer, and in the hope that the value
of the stock would rise. The pursuer knew the
risks attendant on such stock, and the contingen-
cies to which it was exposed. Many of the
purser's alleged purchasers were made after the
stoppage of the Western Bank, and during the
panic and depreciation of bank stock which fol- '
lowed that event. The i.ursuer knew that if the
panic continued, the'business of the Edinburgh and
Glasgow Bank might be destroyed altogether. On
the other hand, there was the chance that confidence
might be restored, in which case the shares
,would rise in value. The pursuer was -not
induced to purchase by the defender di-
rectly or indirectly, and there was no contract
between them in relation to these purchases. If -
the pursuer's speculation had been profitable, the
gain would have been his own. The speculation
was made solely at his own risk.
XV. The defender is in no ways answerable for
the unfortunate result which has attended specula-
tions in stock of the Edinburgh and Glasgow Bank.
The defender did all he could to promote the inte-
rests of the bank. He retained his own stock to
-the last, and still-holds the full number of shares
Which he ever'possissed:, ' ' 1
XVI. As already mentioned, the whole books,
papers, and documents, of every description be-
longing to the Edinburgh and- Glasgow Bank,
were handed over to the Clydesdale Banking
Company in June, 1858: The def Oder has had
no access to these books and pipers, nor to any
copies thereof. The pursuer, before raising the
present action, obtained exhibition of the boas and
papers, of the Edinburgh and Glasgow Bank, and
had full opportunity of making, and did make, full
excerpts therefrom. The pursuer has not produced
a single document or paper of any kind with the
present summons, although the summons contains a
great variety of details regarding the alleged entries
or statements contained in the bank books, or ab-
stracts, and states of affairs. In these circum-
stances, while the defender has, in the present de-
fences, given every explanation in his power, and
as far as he could do so, without access to the bank
books and papers, he reserves right to make such
additional statements as may be required, so soon
as he shall have had an opportunity of examining
the books and documents referred to.
PLEAS IN LAW.
I. All parties interested are not called. The pur-
suer is bound to call the whole directors of the -
Bank who were parties to the acts complained of;
at all events, in so far as the action is laid upon ne-
glect
or violation of duty.
11. The pursuer's statements are irrelevant and
insufficient to support the conclusion of the summons.
No sufficient grounds are stated inferring liability
against the defender. The allegations of fraud are
insufficient in detail and in precision.
111. The defender is not liable for the acts of his
co-directors, or for the acts of the other defenders.
He is entitled to the protection afforded by the
clause of immunity contained in the contract. Hay-
ing acted in bona fide, and to the best of his ability,
he is not answerable for the results.

IV. The pursuer has not set forth any statements
or grounds sufficient in law to infer a conjunct and
several liability against the defenders, nor does
his statement contain the means or elements for
establishing a separate liability against the de-
fenders. There are no termini habiles by which
the alleged liability of either of the defenders can be
measured or ascertained.

V. The pursuer cannot found on any hlleged acts
of the directors or officials, as involving any lia-
bility against the defender, in which acts the de-
fender was not individually participant.
VI. The pursuer "havifig approved of, and con-
curred. in the whole reports of the directors, and re-
solutions of the partners, including the transference
to the ClythAdale Banking Company, he is barred
from insisting in his present claim.
VII. The whole of the pursuer's essential state-
ments being false in point of fact, the conclusions
of the action cannot be maintained.
VIII. In the whole circumstances, and the pur-
suer's statements and pleas being false and ground-
less, the defender is entitled to absolvitor, with
expenses.

AD. GIFFORD.