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

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any idea opinion has obtained admission into hui
mind to DISMISS it, and indeed the effort 70 dismiss
it would only tx it the more firmly there. What ask
nate between the impress ions you have received the
publications to which have adverted and the evidence
alone you viii have to determine the guilt limo
csnce OF these parties. ! do ask, and do expect,
you T , sS s an 10 ct of
similar position, you would expect to be done you
Gentlemen rust that when call your attention and
to the evidence which has been brought establish that
charge, whatever hasty impression you may have taken
view OF the b removed by a careful
and considerable Judgment upon the facts that have been
and inssby before you the position Of Gr st1ahsn il
this as it proved in the evidence, under
apprehension whleve that impartial Justice will be
administered to him. Gentlemen Am not here for
moment 10 deny that in the month OF April 1885, Mr.
strahan Gid unhappiy, In moment Of pressure,
to apply certain securities Of his customers for the pur
pose Of the necessities of the bank that pres
ring moment am not here for moment justify
such act 1t Is not the act into which you in
que, but it may and perhaps must create prejudice
in your minds; and am anxious to warn you against al
tfns ~
long maintained character for h integrity should
have fallen away in moment tf temptation. It the
most extraordinary Illustration of that solemn warning
which cannot be- repeated often" Let him that
thinketh he standeth take heed lest he fail" 1t
for honour and vitue which In fatal unguarded
moment may be entirely destroyed Although, therefore,
i
tunatsy party in 1855 ye, the case which you are nov
against him Is the charge of having msap
op,ated the property Of his customers in March 1884,
and pray your attention TO the evidence upon which
1t is sought to fix him with that act The learned COUNSEL
projected to that the indictment contained various
s Hp had aropp
from Of the learned judges calculated convey
criinnaly affecting another. Although It was
that IN civil Aq ast Of one partner affected
dprn In Aaf In
nal cases 1t would be the first time that document
bad ever been promulgated from tho bench in any Eng
Mr. Baron Anderson intimated that no such opinion
had fallen rom him.
jury to the state Of the law previously to the passing of
1Le act OF The 7h and 9Th OF George w., chap 3d. In
The year 1872, If banker or agent OF aoy descrip
having the property Of customer intrnsted 10 BIN mis-
app oprated converted it to his USE not
guilty Of any criminal act although he responsible
TO his principal customer upon any civil procee ling
This great defect in the law not discovered until
Wech siockbroher sold out certain stock belonging
Sir r. Iluner Master Of the Rolls. WEIGH applied the
produce of the sale to his ownSsse and absconded IL
was tried and found not guilty of crninsl offence
An act Of Parliament therefore passed by which any
banker agent who should sell and appropriate to his
the securities Of his customers without thel
authority, liable to conviction for msdemeanor
clause introduced into the act that the penalty
annexed should not extend to any partner partners
uIhss such partner or partners should commit or BIZ
make factors who should pledge the goods of their pn-
cipals answerable in criminal proceeding This and
The statute embOciet 18th 9Th
George w., chap 49, which applied both to BANKERS and
factors What the jury had to decideapart from all preu
dice and influence exercised by the public apart
frtm any 10, ling which they might entertain OF the i'm
prorriety and immortality of Mr. Straban's conduct in
1850 whether there exis ed sufficient proof that
Mr. stfahan prvy TO the act Of selling the bonds In
question by Foster and Braithwae in March, 1854 He
anxious, in defending Mr.. Strahan to prejudice
by observations of his the Of the other defend
ants but he necessarily compelled to advert to The
course taken by Sir j. d. Paul with respect to the sale OF
the bonds at the time he had mentioned 1t perfectly
clear that other of the partners except Sir j. D. Paul
nterfered to procure the sale of the Danish Bonds oy
Foster and Baithwaite. Sir ]. d. Paul applied to Mr.
Heae for n loan from the National Assurance Society
when MIR. Beatiie stated that his company not
in the habit Of advancing money npon foreign secuitics
he entreated Mr.. Beatte to dispose Of No doubt
the very bonds in court were sold by Foster and
Brahw aite end that check Tor f12, PSI drawn by Mr.
Beattie and paid in bank notes. received by Sir j. D.
Paul himself This sum was not traced after its receipt
by Cir j. D. Paul but, surprising he entered this
sum in the books Of the bank to The credit the firm
that would not proof Ia criminal edng that Mr.
Strahan, the other parties, piivy the act be
cause there nothing to indicate what the natur
only be known after the act had been done The money
could not have been received until after the act charges
Lad been done End the ledge of the credit ui
not show any pa ticpafion in the act The jury
called upon TO decide upon criminal charge which NIGH
be followed by the most serious consequences they
must have had knowledge Of this transaction. Every
thing, indeed indicated absence Of such knowledge
his pert The IS 0C0 of Danish five per cent bonds be
longing 10 Dr. Griffith having disposed Of in Marcel
1854 in June 1854, the amount of Danish bonds
was purchased by Sims Bill Tor, and delivered TO
Shahan Co. There DO doubt that the dividend
these bonds received by srahan & Co. for De-
Griffith and that be ereoed wi the dividends In
his passbook In September 1854 and March, 1856 There
nothing TO lead the jury to believe that Srahan
IN he lghtest degree OF the disposal of the
,srmer bonds Of Dr. Griffith and the substitution OF
raid He TO the conversations upon
which his learned friend relied TO fix Mr.. stra
ton OF 1854. Dr. Griffith asked Mr. strahan about his
securities Mr. sirahan said they had been taken into
clear that this statement could not apply the sale
tle Dspish Bonds in 1854 Mr.. Strahan then told DR.
Griffith 81 You it is the first dishonest act of my
lie. never defrauded man Of Cd " and he added that
this happened Fix weeks ago. But his learned friend
using this confession Of dishonest act in 1855 affect
Mr. srabnn upon charge Of dspo-ing OF bonds in 1851
No DOUBT il Mr.. strahan party to the transaction
Of 1854 1t equally dishonest with that Of 1855
Mr. srshan said nothing about 1854 but he aid "Ih,
the first dishonest act Of my life and was
weeks ago. With respect to the evidence Of Mr. Bell
gentleman was not very clear in his recollection bu
be would ask the jury in charity to con.iler If Mr.
st!shan really said that the securities pawned
sold that be was applying his observations the only
transaction within his knowledge-namey, that of the
onth Of April in the present year He believed he
stated the whole Of the evidence which the jury couo
be called crminaily TO convict Mr. Straan this ser
charge He believed If the public mad had not
been directed to this with eat deal of CURIOSITY,
they would not have heard Of there being any Vi
such evidence to fix Mr.. Strahan with any part,cipa
ton in the guilt OF this transa elton Both on the
counts respecting the pedging Of these secarities
and on the counts Of conspiracy to pledge Them be
manta ned that there no evidence against Mr. str.
han The learned gentleman then referred to the dis
closure made by Mr. Strahan before the Bank
iuptcy, which, he said had been made faithfully by tina
gentleman in respect 10 all the crcums ances within hi
knowledge. Before 1912 this mi ~ pplication by
bankers or other agents Of the property Of their pnc
pals only subject to civil preceding and was not
criminal act until made by the statute pas ID in the
SD OF George Ill That provision had been aud
expanded by subsequent ensctments providing at he
same time that where person had made certain dis
closures under compulsory process in Of law he
should not be ndic'abe that account The 7h ana
9Th Of George ~ enlarged the privilege and extended
to the care Of examinations before the for
Bankruptcy From something that fell from the Alto.
ney General he was inclined to believe that his lie armed
friend meant TO say that this disclosure on the pas of
the bankrupts was voluntary and compulsory aud
therefore, that the act did not apply He thought I
point must fail for bankrupt bound under the
act OF Parliament to mske full disclosure connec ed
with his property. Now what was the Disclosure
made by Mr.. StrabanS He soemnly deel ,~ed
hs lnew nothing but the pedgng Of DR.. Grifu, as
bonds 10 Messrs oserend Quincy Co., In April 1855
and the whole of his disclosure amounted TO denonsr
ton clear that lie ignorant Of any previous tranac