The Sun.
London, England, 1866-11-21 00:00:00

MASTERS.

Mr. Monk, Q.C., appeared to show cause to-day against
a rule which had been obtained by the defendants to set
aside a verdict which had been obtained by the plaintiff
for £lO, and to enter a nonsuit. The defendants
were the proprietors of an omnibus that plied
between Denton and Manchester. Tho plaintiff,
an elderly female, travelled by it, and when she
came to Manchester desired the conductor to hail another
omnibus which was going in a different direction. He did
so, and helped her out, but the omnibus did not stop, and
ho let her fall to the ground, by which she sustained inju-
ries that laid her up for a fortnight. She brought her action
against the defendants for compensation on the alleged
ground of negligence of the conductor. Tho defendants
denied that the negligence was of a nature that ren-
dered them liable. The learned counsel contended
that even the sanctioning of the plaintiff getting out of the
omnibus while it was in motion amounted to negligence on
the part of the conductor. He referred to the case of
Coleman and the South-Eastern Railway Company, in
which all the learned judges, with the exception of the
Lord Chief Baron, were in favour of the verdict for the
plaintiff, the fact being that the child, while in one of the
company's carriages, had his thumb jammed in the door,
which was held to be a negligence of the porter,
for which the company were liable, as it took
place in the discharge of his ordinary duty. The
evidence of the plaintiff had been confirmed by the con-
ductor of the other omnibus, and under the circumstances
he trusted the Court would not make the rule absolute.

Mr. liolker appeared in support of the rule, and con-
tended that the accident was caused through the negligence
of the plaintiff, who in her haste to get out did not use
the precaution of waiting until the omnibus stopped. The
case referred to on the other side was peculiar, for it had
been proved that there was unnecessary force and quick-
ness in the closing of the door, which led to the accident.
The Court suggested that the plaintiff should consent to
staying the proceedings with a view to an arrangement
between the parties, which was agreed to by her counsel,
and no order was made.

Central Criminal Court. —This Day.

OLD COURT.
(Before Mr. Baron Bramwell.)
THE CHARGE AGAINST TILE EARL or SHAFTESBURY'S

STEWARD.

An application was made this morning for a postpone-
ment of the trial of Robert Short Waters, the late steward
of the Earl of Shaftesbury, until the November Sessions
next year. Proceedings were going on in Chancery be-
tween the noble Earl and Mr. Waters, and Vice-Chancellor
Stewart had already given a decree against his lordship.
An appeal was lying before the Lords Justices against
that decree, but at present the appeal could not come on
for hearing ; and, under these circumstance; it was con-
sidered that it would be better that the charges of embezzle-
ment against Mr. Waters should be postponed.
Mr. Cole, on the part of the Earl of Shaftesbury, said be
had no objection to the postponement of the trial, particu-
larly as it was felt b) the Earl of Shaftesbury that even if
a conviction should b 3 obtained against the defendant it
would be very unsatisfactory, having regard lo the present
state of the Chancery proceedings.
The trial was accordingly ordered to stand over until the
November Sessions next year.

THE LEWISHAM MURDER.

John Jones, 49, labourer, was indicted with the wilful
murder of George Styles.
and it appeared that
between the wife of the
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md cod i al
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ee
gs h abme
t,
July the latter was heard calling Jones filthy names, and
immediately a quarrel took place ; the prisoner thereupon
rushed at Styles and struck him a blow on the head with
a hammer, which Ind the effect of fracturing the skull and
producing such other severe injuries that the man had to
be taken to the hospital, where ho lingered four days and
died.

The defence set up for the prisoner was that the offence
did not amount to murclex.

The jury found the prisoner guilty of manslaughter.
The learned Judge sentenced him to seven years' penal
servitude.

NEW COURT.
(Before Mr. Justice Byles.)
THE ROBBERY AT TILE BANK OF ENGLAND.

James Law, a clerk, pleaded guilty to an indictment
charging him with stealing a bank note of the value of
£5OO, the property of the Governor and Company of the
Bank of England.
Mr. Sleigh, who appeared for the prisoner, stated that
ho had held a very responsible position in the Bank of
England, and had been in that employment for many years.
His position was such that ho might have as easily ab-
stracted £lO,OOO, as he, in an unguarded moment, and
who urged by pressing embarrassment, abstracted
a £5OO note. There was this much to be said
in favour of the unhappy young man, that immediately
after committing the crime he went and paid his passage
to Australia, and wrote to the manager confessing to what
he had done. This he did in order that no other person
should be suspected, and the Governor and company of
the Bank of England most strongly recommend him to
mercy. Mr. Pim, the prisoner's superior in the Bank of
England, gave him an excellent character.

Air. Mathews, who appeared for tho Bank of England,
supported Mr. Sleigh's appeal for mercy.

Mr. Justice Byles said the offence was a most serious
one, and but for the strong recommendation:to mercy and
the excellent conduct of the prisoner, the sentence would
have been more severe than he should pass. The sentence
of the Court was that the prisoner be kept in penal servi-
tude for the term of five years.

THIRD COURT.
(Beforo tho Recorder.)
THE CHARGE OP PEEJURY AGAINST THE POLICE.

The trial of Hayes, the police-constable of the S divi-
sion of police, who was charged with having committed
wilful and corrupt perjury at the trial of two young men,
named Pierce and Dye, at the Middlesex Sessions in Sep-
tember last, was resumed this morning.
The case, at the close of the prosecution, was adjourned
last evening, and this morning the witnesses on behalf of
the accused were examined at great length, in contradic-
tion of the evidence given for the prosecution. The police
adhered to their former evidence, as to seeing the lads
Pierce and Dye in custody of the police between Glou-
cester-crescent and the police-station ; and those stationed
near Eversholt-street swore that nothing of the kind re-
lated by the witnesses for the prosecution took place in
that direction, or else they must have either seen or heard
something about it, which none of them did.
At the termination of the evidence for the defence, Mr.
Sergeant Ballantine addressed the jury for the defendant,
and Mr. Sleigh replied on the whole case on the part of
the prosecution, after which the case was adjourned.

MARKETS.—.This day.

MARK LANE.

Coastwise and by land-carriage the receipts of home-
grown wheat wore only moderate and in but middling con-
dition. For both red and white parcels the trade was
firm, and in all business concluded late rates were well
supported.
There was a moderate quantity of foreign wheat on the
stands. Iu all descriptions sales progressed steadily, and
the prices realised were quite on a par with those pre-
viously quoted.
Floating cargoes of wheat were disposed of at the recent
improvement in prices. Maize commanded extreme quo-
tations. For all other kinds of produce afloat the trade
ruled firm at full curl encies.

Fine malting barley changed hands at extreme prices.
Grinding and distilling sorts were final on former terms.
Malt was in fair request at late rates.
A fair average business was passing in oats at steady

prices.
Beans
and peas supported Monday's prices, with a steady
demand.

Flour was firm at the late advance.
SIIIP ARRIVALS TIIIS WEEK.
Wheat.Barloy. Malt. Oats. Flour.
English and Scotch 1,060 1,120 1,010 150 830
Irish
Foreign 18,360 13,770 27,080 12,979 sks.
brls.

COMPARATITE QUANTITIES AND PRICES OF GRAIN:
For the week ending Nov., For the corresponding week
17, 1866. last year.
Qrs. Aver. Qrs. Aver.
Wheat 69,649-56s 7d Wheat 71,570--16s lid
Barley 78,677-45 s 3d, Barley „,63,816-33s 7d
Oats 5,302-23s 6dl, Oats .......... 5,240-22 s gi

serious Charge against Thre3 Railway
Directors.

At the Mansion-house on Monday, Mr. C. Seale Hayne,
of No. 3, Eaton-square, Sir John Campbell Lees, of 26,
Carlisle-terrace, Kensington, and Mr. David Smith, of 5,
Pall-mall-place, appeared to answer a summons issued at
the instance of a Mr. John Taylor Fielder, described as of
No. 4, Red Lion-court, for that "they in the month of
September last, then being respectively directors of the
Northern Railway of Buenos Ayres Company (Limited),
did unlawfully make, publish, and circulate, and did con-
cur in making, circulating, and publishing, a certain writ-
ten statement or account relating to the said company, they
respectively well knowing the same to be false in divers
material particulars, with intent to defraud And deceive the
members and creditors of the said company, contrary to
the provisions of the statute 24 and 25 Viet., cap. 96, sec.
e 4."

Mr. T. Beard appeared in support of the summons, and
Mr. Murphy, barrister-at-law, attended for the three de-
fendants, who were accommodated with seats at the clerk's
table. •

Mr. Beard, in opening the case on the facts of which the
summons was sought to be sustained, stated that the sum-
mons was issued under the 84th section of the Cr7minal
Justices Act, under which the offence was only punishable
by fine, but under a subsequent section or clause it was
provided that if any director, manager, public officer, or
secretary connected with a public company shall publish
or circulate any written false statement with intent to de-
fraud or deceive the shareholders or creditors of the com-
pany, or with a view to induce persons to become share-
holders, that such published falsification of accounts, or
statement of affairs, shall be a misdemeanour, and punish-
able at the discretion of the court. Now the case was
this. The three defendants were directors of the
Northern Railway of Buenos Ayres Company, which
had recently become connected with the San
Fernandez Railway, and the two companies be-
came amalgamated, and he (Mr. Beard) was instructed
to state that the three defendants had no real interest in
the amalgamated company except some shares registered
to them at ss. each, and that with regard to Mr. Rayne, he
did not at the time of his registration possess any qualifi-
cation ; the second defendant, Sir John Campbell Lees,
stood in the same category, and the third defendant, Mr.
Smith, was in the same position, except that ho had ob-
tained a qualification by the transfer to him of certain
shares by the solicitor of the company. This, ho was in-
structed, had been done to carry out the views of a parti-
cular section of the shareholders, and that the office of
directors had only been sought for the purpose of receiv-
ing the fees to which, as directors, they were entitled. In
1865 the amalgamation with the San Fernandez Company
took place, and under it (the amalgamation) it was ar-
ranged that the shareholders should be placed in three
classes; first, the guaranteed preference shareholders;
next, the deferred preference shares; and third, the ordi-
dinary shares ; and it would also appear that 7 per cent.
ought to be applied generally to the shareholders. The
accounts were made up to Juno last under the cognizance
of the three defendants, and anything above 7 per cent.
ought to have been paid as a bonus to the guaranteed
shareholders after the completion of the railway. The
accounts and the balance-sheet complained of had been
published by the three defendants, and did not embody or
carry out this arraugemcnt, and objections having been
taken to it, a proposition to refer it to Messrs. Quilter,
Ball, and Co., the accountants, was refused by tho de-
fendants, and it was a rather remarkable circumstance
that when they were required to affix their signatures to
the document they refused to do so, but the report, with
the balance-sheet and the accounts, were adopted by
the meeting, on the motion of Mr. Hayne, supported by
the other defendants. Mr. Beard then proceeded at some
length to redapitulato the items of the balance-sheet com-
plained of as being false, and amongst these were the
following :—That it was stated that up to the 30th June
shares had been issued to the amount of £25,800, whereas
the issue ought to have been stated at £35,000, a portion
having been issued to a large creditor of the company, who
had also received bills and promissory notes from the com-
pany. With respect to the revenue account, items had been
published which ought to have been passed to the capital
account. There wore other items which would be explained
by the witnesses he should call, and which he (Mr. Beard)
was instructed were falsified with a view to deceive. He
should be glad if the defendants could offer a satisfactory
explanation. Mr. Hayne had been the chairman of the
company, and the other defendants were directors of the
company, and if all were concerned in the preparation of
the report they were all equally liable under this summons
if the falsification was proved. To support the case he had
to go to, as he might say, into the enemy's camp for evi-
dence, for he must call in the first instance the present se-
cretary of the company.
Mr. E. Eyres was then sworn, and proved that he was
the secretary of the Northern Railway of Buenos Ayres
Company, which had offices at No. 206, Gresham-house.
The defendants were threepf the directors of the company,
Mr. Hayne being the chairman. They became so in the
autumn of 1865, with the exception of Mk. Smith, who was
elected in the spring of the present year. A general meet-
ing of the shareholders took place on tho 17th September
last, at which printed balance-sheets, signed by Mr.llayne,
were published. At that meeting Mr. Leverson made a
violent attack upon the directors, and called upon them to
agree to refer the accounts to Messrs. Quilter, Ball and Co.,
which was refused on the ground that, acting under the ad-
vice of the solicitor of the company,the accounts had already
been agreed to and passed by the meeting. There was a spe-
cial meeting, at which the three defendants attended, and at
that meeting a proposition was made that the accounts
should be referred to the firm of accountants already
named, and this was rejected as on the former occasion.
After detailing the number of debentures issued prior to
his coming into office as secretary the witness stated that
the guaranteed debenture holders were to receive 7 per
cent., and the interest due previously until the arrears
were paid off before the other classes of shareholders were
to be paid anything. He had made up his accounts, not
from the debenture books, but from the ledger of the com-
pany, the debenture books having been made up 15 months
before he came into office. The examination of the witness
went on to a considerable length, and involved a peculiar
investigation of the accounts, which without their publi-
cation would scarcely be understandable to the general
reader. At the close of the examination,
Mr. Beard proposed an adjournment of the case for the
production of other witnesses, but
Mr. Murphy objected, on the ground that a serious
charge, for which there was not the slightest pretence or
foundation, would be kept hanging over the heads of three
gentlemen of the highest possible character and position
Before the application for an adjournment was entertained,
he desired to put one or two questions to the witness now:

Mr. Beard remarked that his client had not instructed
him as to the details, and as he and his witnesses were not
present, he was compelled to ask for an adjournment.
The Lord Mayor observed that Mr. Beard's client ought
not to have preferred these serious charges without being
fully prepared to instruct Mr. Beard to carry them out in
proof, and therefore an adjournment ought not to be
asked for.

Mr. Beard intimated that he had sent three times for his
client—but the last messenger had returned with the in-
formation that he was ill in bed.
Mr. Murphy then interrogated the witness, anl elicited
from him that the three defendants had been elected on re-
moval of the previous directors, and that their first act.
was the removal of the late secretary, Mr. Elborough, on the
ground of his mismanagement of the books. The defendant,
Sir J. C. Lees, was a retired chief justice of the Bahama
Islands; Mr. Hayne, was a gentleman of fortune residing
in Eaton-square ; and the third defendant, Mr. Smith, was a
large railway contractor, superintending several railways
in Wales. The great part of the accounts as to locomotives
were made up from the returns of the company's super-
intendent at Buenos Ayres, and over these the directors
had no control. The witness was asked whether he could
find the name Mr. Fielder, the informant in this case, in
any of the directories, and replied in the negative. Mr.
Murphy further elicited from the witness that the accounts
were strictly correct from the accounts which came to the
defendants on their accession to office.
The witness was further interrogated by the Lord
Mayor as to some of the items of the account, and
Mr. Murphy repeated that there was not a shadow of a
pretence for the charge, which had been got up by as
almost unknown individual to fish up information for pur-
poses of his own.
The Lord Mayor said he was clearly of opinion that the
charge was wholly untenable, and therefore he could not
for a moment entertain the notion of an adjournment of the
case. ' The absence of the complainant corroborated the
views of the learned counsel, and there was no evidence to
show that the accounts complained of were false. He
repeated there was not the slightest evidence to support
the charge, and the summons must, therefore, bo dis-
missed.

SACRIFICE OF Two HUNDRED MEN AT DAHOMEY.

A letter from Lagos, on the coast of Africa, of the 10th
'of October,says :—" The frigate Zenobie, carrying the flag
of Rear Admiral Viscount Fleuriot de Langle, command-
ing the French naval squadron on the Western Coast of
Africa, has just visited St. Paul de Loanda, the chief place
of the Portuguese establishment of Southern Guinea. The
admiral was well received by the Governor and the autho-
rities of the country. Ile reports that French commerce
has sensibly increased at this point during the last three
years. On leaving St. Paul the Zenobie visited Mossa-
modes and Elephant's Bay, which serves as training
ground for the ships on this station. The day after the
arrival of the frigate at Lagos an English schooner brought
news from Dahomey. The King was preparing to go to
war with the Ashantees, and, to propitiate fortune, had
ordered 200 men to be sacrificed to the Genii. This is the
third time within a year that he has indulged in this hor-
rible barbarity."
CAPTAIN SIR JAMES ANDERSON.—At a special
meeting of the Dumfries town council on Friday it was re-
solved to present Capt. Sir J. Anderson with the freedom
of the Burgh upon the occasion of his visiting Dumfries in
about a fortnight. It is also proposed to entertain him at
a public dinner at the attrao time.

NOTES

FROM
TRAINING DISTRICTS,

(THIS DAY).