The Sun.
London, England, 1857-03-25 00:00:00

QUESTION OF PRIVILEGE.

Sir W. ManerAer--The Court will perhaps per-
mit me to interrupt the regular business with a
short explanation and a few observations upon
my part with reference to some proceedings, in
which I am personally. and deeply interested
that took place at the. last Court of Common
Council. I have reason, I think, to complain
that a matter connected with the character of
any member of the Court should be brought for-
ward in his absence, and without any intimation
having previously been given to him that such a
proceeding would take place. I felt that I had not
been treated fairly in that respect, but I was con-
tent, under the full impre=ssion that the reference
with which the mover ended would have given me
a full and fair opportunity of explaining all the cir-
cumstances connected with the matter that was then
brought under the notice of the Court. My object
in rising to-day is, first, to ask the law officers to
whom the matter has 'been referred whether; ac-
cording to the terms of the reference, it is their in-
tention to institute a full and searching inquiry
into the whole of the facts and circumstances of the
case. I pledge myself to submit myself to any exa-
mination that the Court may think proper to in-
stitute into my conduct ; and I shall be most will-
trig to abide by their report. (Hear, hear.) The
circumstances which resulted in this reference arose
out of proceedings on the part of the Belgian Go-
vernment in connexion with certain transactions
which took place iu the Great Luxembourg Rail-
way Company. A trial took place in which the
parties were fully acquitted, but before that trial
t )61c place a juge dinstructiOn came to this'couu-
try ; he examined the books of the company and
t!)e officers of the company, and, among others,
Mr. Ashwell, the managing director. Mr. Ashwell,
having occasion a few days afterwards to go to
Brussels, desired his legal adviser there to asceztain
whether there were any charges ag iinst him, or any
circumstances to render his visit to that country.
inadvisable. The answer was that there was no-
thing against him, and that he was at perfect liberty
to go. Upon arriving at the first frontier town in
Belgium he was seized by two gendarme; convey-
. ed to Brussels, and kept in a felons' prison for five
months. Por many weeks he was not even teld
the nature of the charges against him. His luggage
• was taken from him, his pocke.s were emptied of
their contents, he was not allowed to sea his
legal adviser alone. When permitted to see his
wife or family or legal adviser he was obliged to
converse with them in the Freech language and in
• the presence of two witnesses. He was visited day
by day by this juge d'instruction, who, by threats,
in•imidation, and promises, endeavoured to force
him to criminate himself. He, however, was
firm, ancLresisted all such illegal, ungenerous, and
tyrannical proceedings. To such an extent was
this persecution carried that a member of the
Chamber of Deputies rose in hiS place and stated
that every means had been employed to make that
man criminate himself. Five months afterwards
he was brought to trial. He wrote to this count: y
for witnesses ; shareholders were prepared to go to
Brussels, but au intimation was received from his
counsel abroad that, inasmuch as they approved the
proceedings, they themselves would be seized ar.d
put in pris ,n. Notwithstanding all these disad-
vantages, Mr. Ashwell was acquitted of the charge
upon wh:ch he was tried. The Government there
have the power of making an appeal at any period
within three years after the decision of the first
tribunal, and they exercised this power 18 months
aft-r the trial took plaCe. After the experience of
Mr. Ashwell's treatment, and after the trial, which
in this country would have been final, I did not
think it prudent to proceed thither. I was recom-
mended by my legal advisers not to trust myself to
the tender mercies cf the Belgian Government.
The trial, therefore, took place in the absence of
witnesses whose testimony was most material to
tote issue to be tried, and who would have been
arrested and also imprisoned hal they gone
there. These charges have been fully investi-
gated in this country ; they have been the sub-
ject of much discuss:on among the shareholders
at different public meeiugs ; and the result
has been that upon the recounnendatiori of the
new directors of the company, full discharges were
given to the various persons, the acc•Juntswere regu-
larly passed, and The whole matter was, we supposed,
ended. The question Via', I wish now to put to
the learned Recorder, as the head of the l w officers
of this corporation, is whether the reference that
has been made to himself and his bro•her officers is
of such a seerelping and extensive character as will
enable them to investigate the whole merts of this
case, or whether the merits are simp'y to bedecidtd
by the facts that appeared at the trial.
Mr. Alderman Weesoer.—We are all ignorant of
the proceedings ; could you give the court some
little account of them ?
Sir W. MAGNAY. —At the suggestion of influen-
tial shareholders a sum of 60,0001., and afterwards
40,0001., was placed at our dispo-al for the purpose
of enabling us to engage parties to obtain for us,
in various ways, certaiu advansages which would
extrica e the company fi am all its difficulties, and
enable us to go through with the affair. The di-
rectors undertook through the medium of Mr. Ash-
well, to do this, and they did expend 16,0001. in
rewarding parties who assisted in obtaining these
advantages for us. This matter was fully explained
-to a committee of shareholders after the transaction
had been -concluded ; it was fully explained to a
committee of the principal shareholders, w!io passed
avute of than KS to the directors for the trouble they
had taken and for the advantages which th-y had
obtained for the company, and the papers were then
sealed up, with the distinct understan ling that they
were never again to opened. The matter was al- •
explained at a public meeting at which the accounts
were passed. The expenditure was under the head
of " Compensation." Three years after this, when
a new direction entered upon the management of
the affairs of the company, the accounts of the com-
e any were sifted from the commencement to the
end ; that 16,0001. was separated from the head
under which it had been classed, and it was put
under the head of " Secret service money." This
gave offence to some parties, who charged the directors
with having falsified the account, inasmuch as they
were put under the head of compensation without
detailing the names of the patties to whom the
money was given. The other matter related to a
loan of 58,000/. which had-been voted by a board
meeting, attended, I believe, by every member of
toe board, for the purpose of obteiniog advantages
that were to accrue to the company by introducing
shareholders and by getting persons in Paris to in-
terest themselves in our affairs. 10,000 shares were
purchased by parties abroad, and upon these 10,000
shares the company advanced, by a formal resolu-
tion of the board, as much as 58,000/. This be-
came the subject of discussion, and it was ulti-
mately passed by the board. I now ask the learned
Recorder whether the law oflic,Ts are empowered
by the terms of the reference to go into the whole
case, and whether witnesses are to be examined by
them.

The Recorder—Of course, in answering that
question, I can only expre?s my own individual
opinion as one of the law officers. The law offi-
cers, as a body, have not yet had an opportunity
of meet'ng up ,n the subject, and I do n,,t think it
is a matter upun which any d eibt can be enter-
t tined. It app-ars that a certain statement ap-
peared in the Morning Chronicle, to the -t that
there had been a charge against. one ff e
of themeemberi
• of the Court of havirk, appropriated certain money
belonging to the shareholders of the company, and
that upon that he w convicted. Tbe reference
to the law officers is ti
" Re9olVed, thautiyt base
traeftehrred to the law officers t.)
make all due inquiry
of the statement contained in the ,r,
coTtoess or otherwise
amemberilorning Chronicle"
c f the 2th inst. respecting
of this c,)rporation,
and as 0a
how far ouch a member h diequalifitd him-
salf from holding a seat in this rj,,urt.s.
Therefore, all that the law Officers
re-
ference, have t 3 do is t,) ascertain whether under that
ether the sate-
.i . thi.t
went made in this newspaper be correct--viz.
up,:: a charge of h tying appropriat d money b
1 ~xv,ing to the shareholders a member of the co:.t
leas been convicted ; and then, if they ascertain
th.it that is correct, they have to con.ider whether
the convieVon by a foreign Court for that offence
under an Act of Parliament regu!ating the affair,'
. of this. corporation, disqualifies hint from holding a
seat in the Court. We should have no authority,
therefore, I apprehend, to inquire whetner the
charge made in a foreign Court was or was not
true. ,

Sir W. IVIAGNA.y—Then I think that I shall not
appeal in vain to the members of this Court, if I
implore them to carry that reference a great deal
further, and to refer the mattt,r t) the General
Purposes Committee of the whole Court, with-
rower to institute a thorough ant searching inv(,s-
tigation into tsis transaction, and to examine me
and to hear what I have to say, in order that I
may not be judged without having a full and fair
opportunity of explaining everything, which Tam
sure I shall ba enabled to do to the perfect satsfac-
tion of every member of the Court.
After a short discuision, Mr. Alderman CHALLIS

moved, and Sir J. MUSGROVE seconded, the fol.
lowing resolution, which was carried unanimously.
" Sir W. Magnay having called the attention of the
Court to a statement appearing in the Morning Chronicle
of the 9th inst., and having requested that an Inquiry
should at once be made hto the facts to which that
statement referred, resolved that it be referred to the
Committee of Privileges to inquire into ell the circum-
stances to which that statement referred, and to report
thereon to this Court."

Sir W. Mao-NAY—My Lord Mayor and gentle-
men, I have only to thank you most sincerely for
the kindness and indulgence which you have shown
me.

The Court, after swearing in and admitting seve-
ral brokers, and disposing of some business not of
any interest to the public, adjourned.

METROPOLITAN BOARD OP WORKS.

A meeting of this board was held yesterday, in
the Council Chamber, Guildhall. The chairman,
J. Thwaitt.s. Esq., assumed his seat at 12 o'clock.
The report of the committee of the whole board
on bye laws was brought up, submitting for ap-
proval proposed bye-laws for regulating the busi-
ness and proceedings at meetings of the board, for
regulating the business and proceedings at commit-
tees, and for regulating the communications with
main and other sewers.

The revision of the laws proposed, wh;ch were
very numerous, occupied the whole day, and had
not concluded when the board adjourned.
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