The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-18 00:00:00

ASSIZE INTELLIGENCE.

PH LANCASHIRE SPRING ASSIZES

CROWN COURT-FRIDAY

CASES OF FELONY.
Bridget Dignum was placed at the bar. She stood charged
with having assaulted and robbed Catharine Shaw, of ten so-
vereigns, on the 30th of August last, at the bottom of
Crosbie-street, in this town. She was sentenced to four
months' imprisonment.
Edward Peet, 25, and Edward Might's, 21, were charged
with having, at Liverpool, on the 14th of August last, as-
saulted and stolen a watch from William Robson. Hughes
was discharged, and Peet was sentenced was sentenced to ten
years' transportation.
William Caldwell, 41, was charged with having, at
I"owsley, entered upon certain enclosed land, on the 14th
November last, in the occupation of William Howard,
armed with a gun, for the purpose of destroying game. lie
was found guilty, and sentenced to nine months' imprison-
toent with hard labour.

William CHARTER CASES.
on the Williams, 35, was indicted for having, at Oldham,,e
o 24th August last, attended an illegal meeting
pen air, and there used
:seditious, wicked, and inflammatory
language, tending to bring her Majesty's government
contempt, and to lead to sudden changes and sedition. There
were three counts in the indictment. The first charged him,
himalong with others, in exciting to riot—the stcond charged
, with others, in attempting to force her Majesty's sub-
himd
jects from their lawful occupatons—and the third charge
with attempting to force the people to give up work till
the charter became the law of the land. The last part of the
indictment was, however, abandoned.
The prisoner defended himself, and, after the witnesses for
the prosecution had tendered their evidence, addressed the
jury in his own behalf.
His Lordship
in the indict summed up. He explained the three counts
ment, but stated that the crown had abandoned the third. It would, therefore, he for the jury to say whe-
ther the first and second were borne out by the evidence.
If they were satisfied that the prisoners had excited others to
a riot, by inducing them to go and intimidate peaceful peo-
ple, so as to force them to quit their employment ; and, in
order to accomplish that, he and others, in a large body,
overawed them and put the threat into execution, then they
were fi.tid him guilty but if thy were not satisfied that such
Thehis intentions, they would acquit him.
. .P.,ry, after a few minutes' consultation, returned a
verdict of guilt
Lis lordsl ' Y uPon the first count, but recommended to
lip to take into consideration that the prisoner had
already been five months in prison.
His Lordship said he would attend to the recommenda-
tion, and then ordered the prisoner down.
George Southan, who stood char god with having attended
an unlawful meeting, in the capacit f chairman, at Ashton,
,I.n the month of August last, pleadyed guilty. Mr. Murphy
noped his lordship, as the charge against the prisoner was
alight, would discharge him on his entering into a recogni-
zance for his future good conduct. Mr. Wortley, on the
part of the crown, agreed in the reconamendation of the
learned Sergeant (MurPhy•) His Lordship then told the
prisoner he would be discharged, on giving a recognizance
for 4200 to keep the peace for two years.
The Court rose at a quarter past eight o'clock.

Mr NS NISI PRITJ COURT.—Faira
_. Justice Coltman took his
seat on the ar,
bh at
o'clock, when the Commercial Bank of Englandenc case wastwo re-
sumed. The first witness called was
Alexander Graham, the manager of the Birmingham branch,
whose direct examination had not been closed at the rising
oft the court last evening. He gave additional evidence as to
,lme manlier M which business had been transacted at his
?ranch, arol said that a sum of £lO,OOO had been set aside
!or the purchase of shares, in the beginning of March, 1840,
by a board minute. The resignation of Mr. Turner, as a
director, was ordered at the same time to be inserted in the
Minutes. When the account of Mr. Macardy was inyesti-
gsted, there appeared to be a sum of £10,816 due to the bank.
11 steers furnished a report to the directors.
. Cross-examined by the SOLICITORGENERAL.—Was ori-
,triallY an accountant at the Birmingham branch. Had pre-
,ll..'OuslY been an accountant in Scotland. His knowledge of
I,l,auurkhiog business in his having wound up bankrupts' estates.
the Tumor, Bower, and Ashton examined particular accounts at
Birmingham branch towards the latter end of 1835. Four
or five of the dire
Ict ors went regularly through the accounts
of the branch in 839. The over the accounts about once inspector of the branches went
a year.
Alexander Davidson, the present manager of the winding
Up of the Commercial Bank, said he first became connected
with it in 1834. He was accountant in the Rochdale, Lud-
low, Ashbourne, and Alanchester branches. Weekly, quer-
terly, and half- yearly statements were sent from the branches
to the head bank. Was chiefly accountant at Manchester up
to the stoppage of the l
board bank, and in that capacity his duty
was to make
out the statements for the directors and gene-
ra. the He only conducted one half-yearly balance prior
to stoppage. The bank stopped in June, 18 19. Some
of the branches stopped the day before. The books and pa-
pers remained at their respective branches until they were
thenclosed, and then they were transmitted to Manchester. Since
they have been under witness's management. About
the time of the stoppage witness was desired to make out CO
account of the state of the bank. The amount of the liabili-
ties of the bank at the time of the stoppage was about
L 300,000. Witness assisted a committee of inspectors, ap-
Tainted at a general meeting of the shareholders, in forming
Theseemte of bad and doubtful debts owing to the bank.
were old balances on the b oks• Does not know the
debts which have since been paid.° Tire creditors of the bank
liave geuerally been paid. The shareholders have never been
Paid. Money has been borrowed of the shareholders for the
Pad.
of paying off the creditors. That was borrowed at
the time of the stoppage. The bank still owes £50,000 to
the shareholders on account of the money borrowed. The
bank owes to the creditors l'enerall • including the £50,000,
about £72.000. 'file liabilities of the'bank on the 31st of De-
cernher, 1839, were X 658,7 55. 9d. Bills current at that
time are not inchided in the sum now mentioned. The en-
tire of the liabilities in December, 1839, were le" by
00,000 than they were in June, 1840. The amount of
overdue bills to the bank on the last day of 1840 was upwards
bills to the bank on the last day of 1840 was upwards of
4;8000. No had t debt account had been opened at that
time.
The amount of overdue bills on the 31st December,
wa54.,91 I ; and on the3lst December, 1838, £38,553 12s 6d.
No
the s general bad debt
toppage account was kept at the bank prior to
, but some debts were marked off as bad. Others
Rare retained to tile close, and never marked off as bad. The
assets of the bank if the , could be got in, after paying the
liabilities would leave, as}urpiusof.betweezi,£Booo and 4;9000
oby Pp?, back.the shareholders their capital. This was estimated
ffi committee. Witness believed the bank to be a very
..ourishing concern in 1836. He was then at Rochdale, and
riot at head quarters. In December, 1811, witness sent a
Cr
Prircular to the plaintiff.
oss-examined by the Solomon-GENERAL. --The
aoloutit of overdue bills on the 31st December, 1837, was
'10,115. s The book contsining the liabilities and assets was
sent be,fore the directors at the time they made their reports.
That book contained the amount of the overdue bills. Se-
curities in the shape of life policies and guarantees,
were ho heldeld for the overdue bills. Securities were
are
als
for the current accounts. Witness pre-
Pd part of the report which was first laid before the
directors and then before the general meeting of shareholders.
Air. Sewell, the manager, prepared another report. The only
report winless sent before the directors was altered, but most
of the language of it was retained. The current accounts,
,u,t accounts of profit and loss, and other documents were
,ald before the directors when they met to prepare the annual
t° the Mr. Ashton arid Mr. Turner both advanced money
Ithe bank, to the amount of £5OOO each, since the stoppage.
,hey also discounted bills and gave cash to the amount of
,29,000 at one time. The bills they discounted were bills
Which would not be discounted in the discount market.
When the bank first stopped, witness considered, after exa-
4nig the accounts, that the assets would be sufficient to
pay all the liabilities and leave a surplus. It was then thought
tiii' t the assets would be much more than it now appeared
ti ley
tould. Flier' were calculated at £212,000, but a great
I:'"ay debts We afterwards discovered. The amount
141 actual liabilities inreOctober, 1840, were £231,-106. They
a been reduced from the preceding June by about
'1?0,000.
offs by Mr. Kxower.e.—Witness did not strike
single bad debt when he furnished the directors with his
}j:z*PPort although the over-due bills, in December, 1839, were
earthl•Bl,9l4. He treated those over-due bills as assets, riot
• 'tying had any power to do otherwise. Witness's opinion
'it is very fallacious to treat over-due bills as assets.
Bas e arnotint of capital paid up by the shareholders • ltogether
4238,000. The £50,000 borrowed from the shareholders
inde
~, eat of the original capital..
that acs Vaytin, cashier at the Liverpool branch, stated
head aceounts were constantly sent from that branch to the
„ ban
oie directo
kat Manchester. A letter containing the report of
trai . rs to the general meeting 'of the shareholders, was
ma,is,,t-ri itted iri February, 1836, front the head bank to the
Lathier
of the Liverpool branch. It was signed by the
footer of the head bank.
4vid,on was here recalled, and said that he had searched
herithe report, forwarded to the Liverpool branch, and that
bank. been been unable to find it. He searched fur it at the head
hjhe, Saute rron.-G r NEn•kT. submitted that the search should
w„--..e,ueen made at Liverpool,' and not at the head bank. It
1 ' unportatit that the report should be produced, as the
slate directed the manager at Liverpool to lay it before the
aliahrsho•lders there.
.1!' .I...oansitir took a note of the objection.
tin!' aytin then proved the urchae the shares by the plain-
,i..k.-----Ori his arose-examinpation,s byof the SOLICITOR-GENE -
cii L' lmo said the plaintiff was a surgeon and buyer and seller
NV Lott said
and that he did business
th ban in bills.
as riot present in December, 1835,
whenthe the plaintiff en-
Igll'agted to witake between 200 and 300 shares in the bank. Does
I,eitrkecollect being present when any such conversation passed ;
eire."" does he recollect that a factory was sold by. the plain-
tl.l The plaintiff was remonstrated with respecting the na-
I,Le of the bills he was paying in. The manager at Liverpool
peTe" Power to allot shares. The directors only had that
ihea • Remonstrances were made with the plaintiff about
clar"e3ture of his bills both before and after he purchased the
ofie‘°o tle Jonot : The plaintiff was frequently in the habit
Geer °°g to the bank.
e Reyis examined by
.Mr.K Now_ Was junior
clerk in the
ILEsit:ered the per-
elleBe
of
the L_tverPool branch in 1836,.
c. anameitned by the So-
theh)
7.
It x
nairteAsLi n. theis:e
vbeoro book.—Cross-examined t-lc IT°
-,.. 'n
recollectsr°ss
le,j'4llltilt. Proposed to take shares in the bank.
-ebleing present when
th, hr'llrul Taylor examined by Mr. MaitTlN.ls cousin to
lsese"'_tiir, arid was a merchant in Liverpool ill 1834 and
tune 'kePt all account with the Commercial Bank at that
'And ma_llitin consequence of some conversation between liiiiemd
to the 4r; teangton, the Liverpool manager, the latter applied
tot : Plaintiff to buy shares in the bank. The plaintiff did
agttingree to buy. In the following December Mr. Langton
babilitaPPlied
to the plaintiff to buy, and said that in all pro-
fit Y there would be an excellent dividend after Christmas
which I
'till r f le would participate if he bought. The plaintiff
ppikea;.*.ed. 10 January, 1836, Mr. Langton renewed his
the paii'on, and raid that the bank had made 10 per cent. on
bee the'-‘11) capital. The plaintiff still refused until he should
ne,th report of the directors. In the latter part of the saute
tier yliehr:. Lan the
renewed his application., when the plain-
Were os., ' "Ok' purchase shares at the price at which they
latter tiered in the preceding month by Mr. Langton.
' t
after N"pli.d be could not do that. In ten days or a fortnight
The
"as vit.' Langton again applied, and ultimately time plaintiff
(=lilted' ',',°g to take 200 shares at £f each. :11r. Langton de-
whethe ',oat offer, 'and desired him to make up his
irchase unt'l he to rb, rhe would buy or not. The plaintiff again declined
19ind_
few days
had see. n the directors' report.. Mr.
ton then said Unit the report would be out in a.
"a ti Nr . mat lie would write to Manchester for one, and then
_ nish it. I
h bad n some days after, Mr.. Langton told witness
he
he
r5lll th report,
we,lttit) the
wa
;%,....ri
ttoe
nt I idee bo
.a.
pleientiff Wiatnndessasakieid the plaintiff subsequently
d him to communicate t
iik_, when Langton handed the report.
.It was
at mays
re...,.....!inent lying on the counterr.
ttt,
ah"' 1,,,.t and then the former a, iiialarci plaintiff and
ne direct() _ Air. Langton promised tor.eseudbTmrhoiet the offer to
Or fir,ir ,ayr:.
.t111(1 to get the scrip down accepted. In three
for 200 us,areafter, Mr. Langton handed,
1
r signed. Mr.
+lingtonn 'at ;£7 each, which the plaintiff
share,
and
a. cheque for £1,400
that ti "Id the• ' 1
et. ie tam„,,,,„ price in the market
'''' and
,7. "tor would be allowed the
difference between was £7 per
• en the
oes not knew of
deCr°""examined b ‘
thy til! iII.ICI.TOR- .
tele a formal applies-
i,,n to the direeto s fore plaintiff havinegbal,
Witness lefta
''''ver
an shares
now in F GENERAL.-Rlles
1836.
drhareol lee Mary,
carries. on the business ofe_t
'stile' r at
Ghtsgow• Was twice a
rat in consequence of hayingshareholder in
bankrupt before he I f
been a -