The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-24

pledge shall good fh and contrary to
o Svs bssn
o. or IL
part thereof share interest the stock fund 9
sh. gully s q s
as SefeiOSsors last ~.ntonsd '-' -''N
shall show that these securities were purchased by
the direction of Or. Griffith, with his money that they
left for safe custody in the hands Of his bankers and
that they disposed Of with the knowledge undoubt-
edy Of two Of the defendants without the authority Of
Dr. Griffith, and that the proceeds applied in such
brought the transaction within the terms Of the
tnc,ly and at loss to know in what way they
be met the part of the defendants II has been sug
aested that the defendants BY discosing in an examna
ton before The Court Of Bankruptcy all these circum
stances, may avail themselves Of the terms Of another
section OF the statute which enacts-
ycon judgment 10 be had or taken srsupoa against
banker broker factor aitornsy other agent
s.s 5
nevertheless the convection Of such offender aal be
received in evidence In any action a, law or suit in equity
% n S
% az S % at ANN time
court Of law or equity In any action, suit or proceeding
seVed he he
nation or deposition before any Commissioners of Bankruptcy
is true that there proceedings in bankruptcy
and that disclosures made by one of the
defendants, or perhaps by the whole Of them bat
that, whatever took place the Court Of Bankrupt,
cy was done by concert and connivance. 1t was
s n1' 70 compulsory sn out was
might avail themselves Of particular section in the
Of Parliament referred to- The securities In question
were sold in March, 1854 and after that II not mis-
formed, the defendants bought other securities with
view to replace those they had disposed Of and SUISSE
quent PERIOD shortly before stopping they disposed
they sold at first but to other persons. Now the dis
posal Of these latter securities to which the disclosure
IN af PA,
Of the present charge against the defendants know
thing that they subsequently have done that at all
nt1 usteo them purchase and keep specific securities
with specific numbers, and 1t il for getting rid of those
ceeds to their use, that they charged With
respect to other securities which they may Lave pur
chased subsequently know nothing; and believe there
fore, that this defence il gone into, will fail. Having
stated the principal features of the case feel 1t il
not Incumbent upon the present occasion to say
one single word which wond tend to aggravate the posi-
ton the defendants which would operate their pre-
JUDGE shall simply proceed to prove the facts have
law Of the case there be any to the charge
DR.. Griffith who was then called, sad:-I am one OF
the canons Of Rochester; kept an account with the
firm of the defendants from September, $780, at that
time the title Of the firm Snow Paul Paul; 1t
afterwards changed to Snow, Paul. Paul Bates; and
changed to Sraban Paul Bates; was in the habit
fempoyng the defendants to make investments for me-
and believe in 1851 directed them to invest 900 in
Danish Five per Cent Bonds, and was debited the
4th of February in my passbook with the pce paid tor
them, go odd; received "bought' note o! the
transaction: on the 18th of April 1850 instructed the
defendants to purchase Il 900 worth of the same
stock ard debited with the price, 1858 l5s in my
passoook in April 1851 Igave the defendants further
order to purchase similar stock to the Of 60 600
die this the postscript of letter sent to the
defendants; was debed with the sum Of e., os7 1Os
amounted to the of $4,000 in the Da nsh
bonds which the prroners authorized to take charge
Of for me; don't think these particular bonds
made any inquiries respecting them; / remember
having conversation with Mr.. Bates upon the subject
purchased, and he told that they quite
and safe in their custody and the 18th Of April 1885,
Danish bonds and told Mr. Bates that they received
the dividends the Danish bonds but not the interest
said that the had received but was not yet
carried to my account Mr.. Strahan present when
this conversation took place; 'he interest upon tho
TO March, 1865; at any time gave the defendants
authority directly or indir city, to SELL traasfe pledge
or in any manner convert these securities their
use, and there was plea pretext by which they
could consider themselves authorized to make Of
them; my balance always larger, believe than
the total amount OF my securities they oush, to
have had in their hands at the time Of the failure was
122Ot0; was in London when the difficulties Of
the house became apparent, and / put the
latter into The hands Of my solicitor, and
warrants applied for at Bow street against
the deftntants; application had been made at the
bank relating to my securities, but could get salts
factory information and the defendant Stahan eventually
called upon Two Of his friends had he
came. Mr.. strahan's first observation wa Il am
surprised to hear that you could obtain ION 1t
the bank respecting your securities. and my partner
were there constantly to give whatever information might
be required" considered this related TO something no
had heard Mr. strahan then stated that they were
gagged day apc night in making up their accounts and ir
proceeded with the legal measures had announced it
would lie very detrimental to tho creditors at large and
particularly to myself for the securities had been SO
disposed OF that there possibility of recovering
anyhiug Of them whereas if absained from these pro-
eeeoipgs there was good prospect OF having then
replaced or repaid, as both he and Sic John Paul had
great expectations Of receiving money hereafter, by
which thee securities of mine might be restored.
me- in case should have called at the bank. Mr.
Strahan proceeded to say that my securities had
and placed in the hands of either Overend and Co.
or Bu1nand Co.. he could not tell which. He
also said that Sir John Paul not alone 10 blame,
responsible, inasuuch It doue with his full know
ledge and consent and that he had given him the secur
ties; Mr.. strahan then said 81 you this the first
dishonest act OF my life before defrau5ed any
man Of sixpencc, ssked him when this happened he
disposed OF amounted value to nearly T1o0 600 aud
my securities by lar the largest amount belonging
person that had been 80 disposed Of to Messrs
fefpercorn, the brokers, who generally dealt In them.
He said be believed some OF them might have been ask
ed him. also whether my securities had been kept In my
not, but they kept With other securities OF similar
nature, but In parcel tied up by themselves with my
pnop me tbe r" ms men again urged
ny other persons who had been similarly situated to
myself bad been very kind TO them, and begged that
would abandon proceedings he added that he knew that
writs had been Issued; my reply tia. ac
tuated BY vindictive feeling but that fell had
duty TO perform to the public ard that would allow
so grisvous an offence 10 be pass cd over and referred
him 10 my solicitor.
| BY Sir +. Thesiger-I the Danish bonds at
any time; cannot say whether they securte, thai
pass from hand to hand without assignment the dvi
fends were payable in March and September; | have
stated accurately the conversation that took place
| tween me and Mr.. Srahan, but may have omitted
something hat occurred; made a memorandum Mt the
time, which has assisted my memory; had only n-
tervews with Mr. strahan; generally Transacted nv
banking business with Mr.. Bates.
BY se' eant Byles-I had key Of the box at the bank
and the defendant. had key also.
By Mr.. Jamcs-The gas shares not misappopri.
asd the bank had nothing to do with them they
the possession Of lend and haye never seen the ~
The purchase and disposal of the Danish securities vas
then proved by the evidence OF the brokers and others
concerned In the transaction and
The Attorney General said, this the for the
| prosecution.
SIR r. Thesiger, on behalf Of strahan and Mr. James on
behalf Of Bates moved for a ponsuit on the ground al
| evidence but
| Mr. Baron Anderson thought there was eyidence