The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-21

sent that noe proseau should be entered as % those de-
fendsnts with regard to whom there is a difference OF
opinion aud take verdict on the OF the three de-
fendsI Il which the jury Is agreed.
Mr.. KennedyAs counsel for Mr.. Brown, instruct
ed 10 oppose that, my lord.
Nr Atherion--I just going TO cay lord that in
the discharge o. my duty do not believe could adopt
that course.
Lord Campbei-Then there is no other course TO be
adopted thar fer the jury to withdraw aad consider their
verdict
AJaror-I don't think there the slisn.es. caance OF
Another Juror-Coud not juror be withdrawn
Lord Campbe-No. There must be the unanimous
dict OF the jury.
The Foreman-May he allowed To say word my lordY
LORD Camp5ell-we must have no discussion. IN open
The " s e ssS xsSs 10 be
satisfied OF tho guilty knowledge Of each defendant; with
regard 10 the balance sheet
Lord Campbeii-oh, yes, gentlemen. Before you can
COZ vic any OF the defendants you must be satisfied that
he acquainted with the real of the bank You
fed Of bis snowieasso the affairs Of the SsnS ana tha.
the balance sheet Was fase Atter that ntmaton gen-
uemen. Il think you had bet or withdraw
The jury again Withdrew at six O'Clock aud shortly az
ter they sent in written 10 his lord
ship who sad-The jury wish for the letter of the 18th
May 1854 from Kennedy to Cameron let that letter be
Again at IL minutes to the jury returned court,
and their names having been called over
The Associate asked them the usual question, "Gente
men, are you all agreed in your verdict"
The Foreman-we are.
The Associate-po you fni Humphrey Brown guilty or
The Foreman Guilty
Tbs Associae-po you find Edward Esdaile guilty or
lot guilty.
The Foreman-Guiity.
The Associate-Do you find Henry Dunnng Macleod
guilty or not guilty.
The Forenap-Guilty.
The Associate-Do you find Richard Hartley Kennedy
guilty or not guilty.
The Foreynap-Guty.
The Associae-Do you find William Dane, Owen guilty
not guilty.
The Forenan-Guil.y
Tho ASsOciatc-lO tlc John S.apietoU guilty. not
The Foreman-Gui..y
The Assoca,e-Do you find Hugh lines Cameron guilty
not guilty?
TIE Foreman Guilty.
the should this I, the Court We And all of the
defendants guilty but recommend the following to the
mccr consideration CT the Court: Siapieton Kennedy,
Owen. and Macleod"
After q br!e! pause,
Lord Campbell sad--Mr Anterior, do you say any.
Mr.. Atheron No, my lord, do not
Lord Campbeil-IS Judgment prayed for l am nov
Mr.. Atherton-I your ortship is ready to pronounce
Judgment the various should certainly pray
judgment of the court.
Lord Camybsll-Perhaps il would be more becoming
that should take until Monday to consider the judgment
will pass.
Mr.. Sergeant shea-The,e may be many circumstances
my lord. tat we nigh: submit on affidavit
II Is better tbs, should proceed 81 once.
Er. KeoBeiy-There may DO, on the part OF Mr. Blown,
very gcoc cause for molten 20. new trial.
lord Csmpbei-l will al once pronounce the judgment
Of the Court
All the defendants were then ordered to stand forward
ard TOOK Their place immediately below the bench from:
Mr. Cameron Mr.. Fsaa:ie, Mr. Macleod, MI S.ap,eon,
Alderman Kennedy, aud Mr.. Owen. Mr. Cameron aud
M Brown appeared raAsr unconcerncd the former lean
ing bis face hs hand and narrowly watching the learn
ed Judge a. he deliberately marked the sentence abe
about award 70 eaca CT the defendants in his
Mr. Edae, NJ. Macleod, and Mr. Owen also kept their
eyes xeily hs ordship Mr. Stapeton and Alder
man Kennedy appeared 20 feel their position acutey
The latter raised his eyes from the oor during the
passing Of the sentence, and several tines struck his
Gown his cheek N s.aplelon glanced uneasily around
and his whole appearance Indicated the great mental
anxiety from which be was suffering
iord CarnEiL then, amds. the moT profound
sil sic, preceded TO pass Judgment He said
Easdaile, and Hugh lines Cameron. You three de-
PENDANTS, sf;er long, sad hope, patient and impair
OF an infamous crme-the charge being OF a consp-
racy deceive and icfraud shareholders of the
s. neeuii any OF you of originally planning the fraud of
attempting TO cheat tho public In the foundation Of the
bank yet I; Is rox dcmons;-avc tia. for nurstr Of
teaTs soE carried on sye Of DELIBERATE fraud. and from
tear 10 tear Fabricated documents for the purpose of DE-
ceiring the Ttic and fer brcf directly in
directly, engaged IN the mos; ~ transactions II would
be dsrace 10 tho laws OF any country we're not
Z crime .o- punishmcat II s no; q breach of contract
WIKI the shareholders but criminal conspiracy to DO that
which Inevitably leads to crca, public mischief TO the
ruin C! families, reducing widows and orphans from
state o. slaenoe to des,,u'oa ara sorry 70 say that
zee. Unfortunately laxity has been introduced II
tain commercial dealings, no. much from the defect
n the Law a. from The fact that the law has not beea put
force; and such practices have been adopted without
bringing the consciousness OF shame on those who
practice them, and | am afraid without much loss OF
character amongst those with whom they associate Il
full time that end should he put TO such sysi.
and this Information property 9sd by her Ms.siy's
Attorney General AID TIC jury hare proper YER
Dict hope viii be known that such;practicc- are
only illegal but tina: length of investigation no de-
vice viii shield those who commit such prac,.ccs from
of hahn tha
us::oa Of the kiad, pronounce en- YOU much nllder
sentence than otherwise would and ta. tina,
Cameron he imprisoned Ia the Queens prison Cor the
term o, year, amongst toe frst class OF misde.
commSnacd yor 70 mere ana mos respcctsT attend mo
20 that accommodation think there grounds which
justified tina; recommendation though there strong
dsnce against VOC Il that ian paper for which the jury
sen; and which shows the dyeni attention they have
paid your Il shows that though VOC might have
been respectable member society and filing with credit
though you did not derive any pcrsoa Advantage II
appeas TO my mind that when YOU last joined the bank
you knew nsolvent, aud that the statement OF
affairs TO which you len. yourself false statement
The sentence Of the Court you Richard Hartley Ken
redy n, that you be imprisoned for months n the
Queens prison, sso in the first class OF msiemeanan
(Here the tefenasnt shed toars William Daniel Owen
,he jury have Likewise found you euty-,has you knew
Il al report and balance sheet You had long been d.
rector, and had ample mesns Of Information Several
papers resd in evidence disclose that and therefore
though your guilt Dtgaei think the sentence OF six
molihs Imprisonment i the sentence which the Court
ought TO pronounce Henry Dunring Macleod the Jury
who the proper Judges Of this case have likewise
found yor guilty Yor member o. the Royal Bri.
th Bank and bad means Of Information to the state Of
snars The Jury have found that you had that !nfor.
NATION. AID that you bad that guilty knowledge when you
concurred 10 TN balance sheet The sentence of the
Court Is three months imprisonment in the same prison.
and also In the class John sapcton tho Jury hay,
found you guilty, but canno; ooEsccntousy sentence
you 70 severer punishment than tina, you pay TO the
Queen a hre OF one shilling and then be discharged.
Mr.. Sapeton here bowed low 20 his ordshp ana there
manifestations Of applause which proved that
the public sympathy was IN favor of this defendant,
Mr. Kennejs-Ny lord on behslf OF Nr. Brown have
10 sk your ordshp 10 defer The execution Of the sentence
until Monday that arrangements may be made
lord Csmpbell-No. vii not DELAY execution OF the
sentence one single moment (Goud applause from the
sIecs'ors)
Mr. Athertou here mentioned 10 bis lordshp TIA, he
bad raid with the concurrence Of counsel on both sdos
that he would decide VITA, remuneration the jny should
receive.
Lord Campbell mott willingly undertake the du,,
but when am called upon TO say what fl rccompcnsc
for the Jury, regret that not In my power 10 award