The Sun.
London, England, 1857-12-10 00:00:00

LONDON AND EASTERN BANKIN/4
CORPORATION,

COURT OF BANKRWPTCY, EDINEI7RGIT,
TCE6D.A.V.
(Before Mr. Sheriff Hallard.)
(BANKRI;PTCY OF JOIN EDWARD STEPIIENs, LATE
BANKER.

The examination of J. E. Stephens was resumed
at Edinburgh to-day, before Mr. Sheriff Hallard.
The sederunt was the same as the previous day,
with the exception of Mr. Young, who was absent.
The bankrupt, examined by Mr. Webster, for the
creditors, deposed as follows :—I have before me a
copy of Colonel Waugh's private accounts with the
London and Eastern Bank, and I see there a sum
of 52,9621. entered at his credit, being the amount
of a promissory note by him to the bank, of date
16th January, 1857, less the sum of 1,3481. 6s. 6d.
for discount. The bill was discounted for the pur-
pose of closing the balance then at his debit, which
was overdrawn by that amount. I see in that
account an entry of a balance of 1,5621. 12s. 6d.
against Colonel Waugh, of date 18th April, 1857.
Besides this balance, Colonel Waugh was at that
date indebted to the bank 52,962/. in his promis-
sory note formerly referred to. Being shown four
acceptances of Mr. C. Henry Carew to Colonel
Waugh, and all bearing his endorsation—two for
4,0001. each, being dated 4th of November, 1856,
and two for 10,000/. each, dated December 6, 1856
—depones : These bills were discounted by Colonel
Waugh, at the bank, and the contents were placed
to his debit ; and they form liabilities to the bank
by him in addition to the 52,962/. They formed
liabilities, however, to which Mr. C. H. Carew was
a party. Being shown five borrowed notes granted
by Colonel Waugh to the bank—two for 5,000/.
each, two for 10,0001., and one for 68,000/., and
dated respectively 17th Nov., 23d Nov., 17th Dec.,
31st Dec., 1855, and 26th Sept., 1856, amounting
altogether to 98, 000/. —d ep ones : These are all liabili-
ties by Colonel Waugh to the bank over and above
those previously mentioned. Besides his private
account already mentioned, Colonel Waugh kept
another account with the London and Eastern Bank,
called the Beddington Estate Fund ; and in March,
1857, the sum due to the bank on that account was
44,082/. 4d. A promissory note by Col. Waugh
for this aura had, on the 17th Nov., 1855, been
placed to the credit of the said Beddington Estate
Fund account, to write off a debit balance of nearly
that amount. There was also an acceptance by Mr.
Francis Carey to Col. Waugh for 15,0001., of date
4th Dec., 1856, which was discounted by the bank,
and placed to the Branksea Clay Company's ac-
count, to right of a previous balance. Col. Waugh
drew and endorsed that bill. The date at which it
was discounted was the date of the dissolution of
the company. I never, either as an individual or
through the Branksea Clay Company, of which I
was a partner, received any of the money drawn
from the bank by Col. Waugh, and placed to the
debit of his private account. His attention being
called to the bank ledger, and to various entries in
Col. Waugh's private account of sums debited to
him as paid to the Branksea Clay Company, and
one of 3,800/. paid to the bankrupt, and being
asked if he had any explanation to give which would
reconcile these entries with his last answer, depones

—I never received for my personal benefit any sum
through the Branksea Clay Company, though sums
were at different times placed to the credit of that
company, of which I was a partner. My attention
being called to the second entry, "1)01., ditto,
ditto," I give the same answer. In reference to the
third entry, "Paid J. E. Stephens 3,0641. 2s. 2d,"
depones—That was f,,r shares of the bank which I
sold to Col. Waugh. With regard to the next entry
of the 11th June—viz., " 900/. paid to Branksea
Clay Company," I give the same answer as to the
first and second In reference to the fifth entry,
" 1,0001.," the sixth, " 1,623/. 124. 1d.," and the
last, " 2,5001.," on the 29th Dec., I give the same
answer. With reference to the absolute negative
answer preceding the answers I have now gtven in
detail, I have now to explain that I misunderstood
the general question then put to me, thinking it
meant to refer to my receiving the amount fur my
exclusive personal benefit and without value.
Interrogated--Was the debt due by you and your
partner in the Clay Company not diminished by
each of the sums so placed at the credit of that ac-
count by transfers from the personal account of Col.
Waugh ? Depones—Yes, it was.
Being asked—Was there any correspondence be-
tween you and Col. Waugh showing the inducement
which made Col. Waugh ask you to become his
partner ? Depones—l have no recollection of such
correspondence, but such may have occurred.
Being shown a let'er dated Saturday, 91h June,
beginning " My de it Stephens," and signed " W.
P. Waugh," and containing the following passage :
7--" For joining with you I have a return, having
capital at my back to entirely liberate myself ; and
you for finding me such capital have your share of
the mineral property what it may be ;" and being
asked whether th;s statement of the inducement of
Col. Waugh making you his partner, is or is not
correct, and whether there was any source then in
your contemplation from which the capital was to
be supplied excepting what was to be obtained from
the London and Eastern Bank, of which you were
the manager. Depores—There was. Iliad arranged
with Col. Waugh to advance him 5,0001. on mort-
gage ; but the intention was not carried out, owing
to the long delay which took place in preparing the
mortgage papers ; and Col. Waugh having in the
interval become indebted to a large amount to the
bank, I did not wish to hold auy mortgage prefer-
able to it.

Did you prefer letting him have 5,0001. from the
bank without security to lending him 5,000/. of
your own ? Depones—The advances given by the
hank were originally given on the security of a bond
for 30,0001. given by Mr. Francis Carew to Colonel
Waugh, and two policies of insurance for 4,0001.,
deposited with the bank. Col Waugh deposited
these securities on opening an account with the
bank, acid it must be an error on the part of the
trarrefer cNtk if it is not mentioned in the securities
book.
Intel-it:a-Lid with r-ference to the two bills for
4,0001. each diScolitifecl to Colonel Waugh in Dec.,
1856, whether at that date the bank was solvent ?
Dapones—To my knotvledge it was not insolvent.
Interrogated in refvrence to the 3,064/. 2s. 61
paid to you on 10th May, 1845, from Col. Waugh's
ivate account, did you receive the same in cash ?
Depones—The amount was transferred to my ac-
count with the bulk in exchange for shares of the
bank transferred by me to Colonel Waugh.
Being pressed for a direct answer to the foregoing
query : Depones—l did not receive it in cash.
Besides the severat companies mentioned yester-
day, were you not also a partner with Capt. Henry
Feudal in a carpet company, prior to 12th March,
1857 ? Depones—l was not.

Were you not connected with him in any under-
taking ?—I do not remember being so. There was
a proposed company, called the Patent Carpet Com-
pany, but I did not join it to the beat of my recol-
lection.
Shown the register-book of securities bAonging
to the bank, and his attention called to an entry
on page 95, in which his name and th'Lt of Captain
Fendel and two others occur in connection with
the deposit of "patented rights in a new company
for carpets," as being given in security f au
advance of 1,0001., and again asked if he was not
connected with that concern. Depones—Such a
company was for.ned, but I did not join it. I was
not a partner, but I was au intended partner.
Had you any commotion with it except as a pro-
p ,sed partner who did not join it ? Depoues—l
kid nut.

How flid you dispos3 of your int 3rest in it ?
Did you not sell an interest in it ?—I do not re-
niembar doing so.
The examination was then adjourned till Wed-
nesday.

ANOTHER AUDACIOUS ROBBERY FROM

A CAB.

Yesterday information was given of a most impudent
and daring cab robbery, c immitted within sight of, and
almost close to, the Worship-ettlieet Police-court, under
the following circumstances :
On Tuesday a gentleman of the name of Johnson, just
arrived in town, engaged a cab at the Eastern Counties
Railway Station, Suoreditch, to convey himself and his
luggage to his hot,l, in Jerinyn-atreet, St. James's, and
at five in the evening the cab was seen passing the police-
on with three trunks upon the roof. There wis a
Lril'3:vtdil:bopruoft the. spot, al usual at that time, and doubt•
bled to ite:eional notice of some of the thieves assen.
police-van wae:'',,t the departure of their friends in the
St. Peters
(a.
tbteracted by the appe.rance of the R te,
portiaianteatb.), lorYthin 81"4.
language call trunks and
a fellow
had nut reached the end of
the street when
ed up behind and pulled
off one of the trunks, Which
wag. as in the recent case of the
Countess of Ellesmere,
weighty that it fell into
the road, and drae%ed the thieof
lose,
it also. The
cabman drove on, urconaelousol tlwienoccusx,, but a railway
whichreze frorn a
Carter named Cale, who saw the
thief fl,d,
little distance, raised an alarm, upon
leavinet his booty where it fell, and although
g person, resident in
pursue'd, unfortunat-ly succeeded in making hii er:cuaslY
Mr. Reeve, a gentl?manly-hiekin
Purileir--ow, took care of the trunk, and had it placed
in the care of Hayward, the police-court warrant-officer,
who conveyed it in a cab to the G stat;on-bouse, in old.
street. In the meantime the trunk was missed, upon
the arrival of the cab in Jertnyn-street, and while the
officers were afterwards making inquiry after the cab-
man at the railway station, Mr. Johnson's servant came
there also to inquire after the lost property, and was
am reeably surprised to find it in the possession of In-
-5p ctor Brieknel,, at the police-station, and it has since
been
restored to the owner, The contents are stated to
have been of considerable ;7:due including, among other
property, diamonds and various' jewellery of the value
of 100!. 1