The New York Herald Newspaper, November 24, 1855, Page 2

ORK HERALD, SATURDAY, NOVEMBER 24, 1855. Court, transported beyond rally warned that they t dismias entirely from their 1 be should ask the an incidental ques- | of being deprived of. The Danish bonds, assigned to | saw no water betweex decks; when the mates came edisyio eheard before Tree ttalg out of part of the evidense and argument of | Messrs. Overend, &Co., and mentioned in the | they were not wet; one of them had greatdesl of flour Gentlemen, it is utterly tmpossiie when once | counsel; but the question he should leave for them to de- 1‘ were ent from those mentioned in | on bim. or — has obtained admission into the hu- } cide—namely, whether the defendants were guilty or not | the indictment, and agreed only with them in theamount By the defence—It was after sundown when the mated it, and, indeed, the effort to dismiss | —was of a totally diferent deccription. He thought the | of value, But could any one suppose ‘hat a person by | left the ship; the captain wason the Two Vriends some 2 TRIAL OF PAUL, STRAHAN & BATES. A FIRM OF GREAT LONDON SWINDLERS, gE it : f dom. or of ould only fix it the more firmly What I ask had better confine their attention to the charges in | voluntarily disclosing, of his own accord, a mi nor | time before the mates went on board. State, oF in ¢ from you that you ae aeaciy diserimi- ert four counts of the indictment, though there | committes by him, by eacape the Lane f attached to Frage Fanches, sworn—(Tthis witness, being a Pern- society, shall be entrusted to - ween the impres- you have received from the | were other counts, re-pecting conspiracy, kc. first | that mirdemesnor! fas it to be ined that the Par- | vin, Dis evidence was interpreted by Mr. Jistec ae APPROPRIATION OF SECURITIES | storney, or other agent for safe custody, or for any none to which I have adverted, and the evidence | four counts rot forth that the defendants were tho bank- Nament would play fast and loose with the criminal law } svon as the vessel was seen, particular pais was en Durpore. withor you have now received on oath, and upon which | ers snd ts of Dr. Griffith, by whom they were en- | in such & way, inflicting the penalty of fourteen years’ | to bail her; the mates went on board the Two Friends; SE a WEDS epee allt or inno. | trusted with certain valuable securities thereim mention- | traneportation on certain “fenders, od then allvwing | when they returned they maid captain that it was BE to the SCHUYLERISH. c , | ed for : ‘that, notwithstanding, they, | those effenders to acquit themselves from all punishment? | well; when they returned the captain ‘thewaft THE BRITISH LAW AGBINST oa ee: alge eae t Margene’, | Ciutout any authoniy acid and converted tho, wime to | Was that proceeding of the defendants, beforo the | asked them if they would leave. the vessel; the your to stand io «| their own use, contrary to theic duty ami trust. Re- | Court of Bankruptcy a tona fide semeaene, any | gave the order and toe mates called them; the po attorney similar pomtoim, you would ex) ‘to be done to you. } rpecting a good desl of that statement there was no Srradliton 0 ial Seno ere chan th neg rice rage yaned g ppp natong Lacgear cong jentlen ‘waar attention . det t There there 5 ine Gvited ibesect ball See at ‘iat ro ag ape Attention “and | oe ne uentloD fer ae Jury. to dovite we. | known in reference to transactions of this description; an4 | two mates and the reamen of the Ti CHARGE OF THE JUDGE, 5. conv! st lords charge against Mr. Strahat nt hether the contrary to SHS Court, — of the eh ce i bas so ee 8 poi congcnts their trust. If they did, they were guilty of the wale: he would ask the jury whether it was their opinion that | on the veasel after the ouhers left; the water in the tank 4 Baronet and Twe Leading Londoners Sen- | ”* hereinbelore Ina whatever hasty impression yon may have taken | deneanor was charged hem in the in, | this was a real and bona fide proceeding in bankruptcy, | was salt; the weather wax fine when they left the ship; 1 chal show nat as herd were purchased by | up— whatever opinion you conceived on a partial dletment, ana thas bustshment 3 hich waa. paovided = ignored nsfenyt et “p Pompe sy ary ai angina wes on the deck twelve days before the vessel, tenced Years? Transpertation, the directior a ia ; thet they mstances—will be removed weful | by 1 Reonge +5 Cap. . vat farce pr bandor i ae were left for safe custody Inthe bands of hls bank con pea mer J ‘upon the tacts “Mhahave been | wan the question now to be determined, No doubt, | ark them that question, not that thelr opinion would ul- the defence—The mate asked Joe to leave the veuse} i that they were ed of, with the knowledge, undoubt- | submitted to you. If loply succeed in clearly | there ‘@ great difference im the cases of tho | timately determine the point, but lest, in the event of its | first; and then asked the others one by one, edly of two of he defendants, without the authority of fag intelligibly before you the Position of Rr ieaban 2 | three aetendaute, jast sir J.D, Paul the case | being hereafter discussed, rome one should say that he | who did not speak English; Joe said be was eiiting i Dr. Griffith, and that the proceeds were a} in such a | this cone, as it is proved in the evidence, I am under no | pressed more hardly than against the other two, an) | ought to have left it to the jury, It was on that account | would permit him; there were four who did not way as brought the transaction within the terms of the | apprehension whatever that impartial justice will not be inst Mr. Straban more bardly, perhaps, than against | be wished for their opinion on'the point, though he and | English; bas followed the sea three years; the statute he bad referred to, These facta I shall prove dis- | administered to him. Gentlemen, I 4m not here for one . Bates, That waa the order, probably, in which | bis learned brothers near him entirely in not ea- | was bad sometimes; the men were at work all the time at finoty, and 1 am at & loss to know in what way they can | moment to deny that, in the mcnth of April, 1855, Mr. | tbe jury would lave to consider their respectiv: | tertaining an serious doubt at aliom the question. It | the pumps without much necessity; never sailed in @ bemet'on the part of the defendants. It has been sug- | Strahan Sid, unhappily, ina moment of pressure, agree | guilt or innocence. The learned judge here recapitulate’ | was now for the jury to take the case into their omsider- | square rigged vessel before; he bad boils om his loge and ested that the defendants by disclosing in an examins- | to apply cartain securities of his customers for the pur- | the evidence of Dr. Griffith with’ reterence to the £5,00) } ation, and if they believed tha’ the dginoan’s, Mr. Sira- | bands; peer of the men were worse than ; the ion before the Court of Bankruptey ail these circum- | pose of relieving the neceusities of the bank at that pres- | Danish Bonds on which the question before the Court | ban and Mr. Bates, were in complicit? with sir J. Paul ia | water they bad to drink was salt. (From the London Times, Oct. 27 and 28.) vite this morning having been epectally eppe Ger. 26.— ing 8] Ly 9} ted fer the trial of Sir John Puwul and his pret) ore Strahan and Bates, for illegally disposing of securities to a large amount which had been entrusted to them as Dankers for safe custody, the court was filled at an carly hour by persons anxious to hear the ings. Shority before 20 o'clock the ‘lofendianta, William Stra. stances, may avail themselves of the terms of another | sing moment. Jam not here for one moment to justify | uroec, and said the jury would have to consider whether | doing the act cha: apd that it could not have beou By the District Attor None of the men were off” ban, John Dean Paul and Robert Mekin Bates, surren- section of th tatute, which enacts— such ap act. It is not the act into which you a] to x or not they could pet Adnn infer that the transaction: | done without cr iy terested and concurreace, they | duty excopt the ene who tell from the topsail; they all dered and were placed in the dock. ‘That nothing in this act contained, nor any proceeding, con: | quire, but ft may, and perhaps must, create a prejudice | that took place in reference to those bonds were such a» | must find all the accused guilty; but if they decmed the | had to work or get their heads broke. "At 10 o’olock the learned Judges, Mr. Baron Alderson, | vielion, or judgment to be had or taken ihereupon against auy | in your minds; and I am anxious to warn you against ul- | fiom. their nature, era in the s:me ban« must bo | «vidence too doubtful to enable then todraw that conclu- | John McCarty, sworn—On the morning the vessel was Mr Baron Martin, and Mr, Justice Willes, took ther? | banker, merchont. broker, factor, allorney,or olber agent ai | lowing it to exercise any iz proper intluence upon you | cognizant of. Tt had been proved that those bonde hid | on, they would, of course, give the accused the benedi | abandoned, they wout to the pumps and worked tlt vats upon the bench. Aldermen Sir R. W,Carden and | ®resaid, shall prevent, lessen, of impeach any remedy at lew | {t is most lamentable to think that agentlemaa who had»: | been purchased for Dr. Grifith, and left with the defen- | of the doubt. If'they thought that there was any differ | they sucked, she iacing but Httle water; wed with or in aqulty which any party ageneved by any sueh offence | jong maintained a character forhcnor andintegrity should | danta for sefe custody ; and they were particularly mark- | ¢nce in the cases of the deiencanta, they ould ofcourse, | the mates te the Two Friends; when they retained, the She ed 3 Eagleton, Ms. Ghar Kemneiss) and: Ms.) Vander erie might or woald have had if this aot bed wok veon passed: but, | have fallen away ina moment «f temptation. tis the | ed by their amounts, dates, and-bumbers, Itdid wot ap. | mark by their verdict {the distinction. He desired no. | wates suid to the captain it was all right; the mates Stone accompanied their Lordships. A great number of nking. are ees mort extraordinary illustration of that selemn wernins | pear whether Dr. Grifith bed ever soon them, but. tha: | hing more than that they should come toa just, sound | told the men to save what provisions they could; the ponent or hey and mercantile | recede Sede tanker brcker, merchant fusion dun. | which cannot BO repeated ton often Let ivan that | was not material, for {t was not necessary that he shoul! | and candid conclusion. 4 captaiz gave ordera to call the men aft; he wants «, ‘The Attorney General, Mr, Bodkin, and Mr. Poland ap- | P¢Y, oF other agent ns afoveraic, shall he Hable to be conviciad | thinketh he standeth take heed lest he fail.” It ro- | see them, in order to be their owner in point of law. Dr. | | ‘Ihe jury deliberated together fora fow minutes in their | oat all the time; heard the noise in the it was peared for the provecution; Sir F. Thesiger, who was # ially retained, and Mr. Hallantine appeared for the de- fencant Strohan; Mr. Serjeant Byles and Mr. Hawkins were specially retained to de‘end Sir John Paul; and Mr. E. James, Q.C., also specially retained, and Mr. Parry appeared for the defendant Bates. r, Sleight, the deputy Clerk of Arraigns, then read the indictment, which alleged that the defendants had car- by any evidence whatever 86 an offender against this aot in | quires the Iabour of a wi build up a character | Griffith stated that be transacted his business almost } box, and then retired to consider their verdict. Afteran | n the port side about the middle of the ship; the ‘empeet of any act done by him, i he shall at any ume previ for honour and vittue, Twine fe one fatal ee ‘onguarced | solely with Mr. Baten, and that he never received the | absence of abcut twenty minutes they returned and pro- | } nocking was about the water line; on the-evening ot Rot, op oath, in cot rocess of any. | moment may be entirely ed. Although, therefore, | slightest intimation of any chaoge having taken place | nounced a verdict of “Guilty” against all the defendan’s, | the fourth dsy afer they left she the second et law. 01 1 do not defend the act to which Mr. Strahan was unfor | in the custody of these bonds, the interest for which h» Mr. Baren Alderson Ce their opinion of the ‘‘dis- | mate remarked to the captain that if he og Cee tunately a party in 1855, yet the case which you are now | had carried to his account every haltyear, and that | closure” before the Court of Baokrup’ay. more about oavigation, he would not have left the considering against him is the charge of having mis-ap- | he never gave to the defendants any authority tv | |, The foreman replied that the opioion of the Jury was | yewel;, the captain toid him he ought not to say that; a sopiiated the of cl +; | sell or convert them to their own use, After the a was no disclosure within the meani @ act. e mate the captain that e did not receive a ; Pp ry of his customers in March 185: After the ap | that it dixclom thi of the act. | the mate told tain that if he did not recei It ia true that there were seoveetthas in bankcuptey, | und I pra your attention to the evidence upon which | plication at Bow-street, Mr. Strahan called on Dr Mr. Baron Alderson—You look on it, then, as a sham | handsome present he would not siga the-protest; the were le : ~ | ond that some disclosures one of the | it is rought to fix him with that act. ‘The learned counsel } Grifith, and, admitting that some securities bal been | affair? captain then said he might aa well go on deck and ibrow wie (ial eeemprder get bogie cote a defendants, or porns by the whole of them; but I prdohaiel: to say that the indictment contained Series disposed of, ‘added ae it was the first dishonest act or The foreman stated that the jury did not consider ita | himself overboard; the conversation was in the between Joe ar es00, for the purpose of aafe custody; and | Delieve tbat there will be very little difficulty ia showing | counts spplicableto the appropriation of Dr.Gritith’s | bis lite. ‘That observation, however, referred to the | bond fide disclosure. decka; he was clone by xt tho time. Wiinvat any authority to pledge, sell, or negotiate tho | tB&t, whatever took place in the Court of Bankrupt. | bonds in tho year 1864, ‘Observation had dropped | £5,000 Danish bonds subsequently purchared and substi- | Mr. Baron Aldereon intimated his entire concurrencs | The witness was then cross-examined by,the defence, Ponds co invrusted te-theut, they had, contrary to good | °Y, Was dome by concert and connivance. It was | from one of the learned judges calculated to convey un | tuted for the original bonds, and not to the bonds men- | with the jury in this opinion, and gaye a contradictory statement of the abore oon Tab sald nud converied shass to inal oun nae not 8 compulsory proceeding, but waa xesort- | errcneous impression with regard to the act of one part- | tioned in the present indictment. Mr. Strahan’s counse! | A verdict of “Gnilty” was then taken on the first and | verration. Tn'olver counts the defendants were charged with | ®1 to purposely with the view that the defendants | ner criminally affecting another. Although it wax true | had told the jury that they must take this statement | third counts, and ‘‘Not guilty” on the other, James Neal, sworn—Was a seaman on the James having sold the bonds in question, and with having ne- gotiated them, and they were also charged with con- apiring together with the same object, ‘The defendants having pleaded “not guilty,” The Attorney General then address the learned Judges and the jury. He said:—I bave, on the present might avail themselves ofa particular section in the act | that in civil proceeoing t of one partne wd | into consideration) and conclade from it that Mr. Strahan | Mr. Baron’ Alderson, after a short pause, proceeded to | Cheston; there was twenty-six persona onthe skip; he of Parliament referred to. Pithe securities im question | snother, peta sone © with ich gently was not cognizant of any previous improper proceeding paderatce the judgment of the Court upon the prisoners | was called from the pumps Bt two o'clock and carted were sold in March, 1854, and after thut, if 1am not mis- | cence that if this were declared to be the law in criwi- | done by another in reference to the securities. However | in the following terms:— William Strahan, Sir John Dean | the chief to the Two Fricnds; when they left the Ches- informed, the defendants bought other securities, with » | pal cases it would be the first time that such a document | he (Mr. Baron Alderson) must tell the jury that they | Paul, and Robert Makin Bates, the jury have now | ton the two mates and two seaman of the Dutch view to replace those they had disposed of, and at a subse- | bud ever been promulgated from the bench in any sog- | Were not bound to believe either the whole or any par’ | found ee guilty of the offence charged upon you | were on board; heard the neise in the Cheston; quent period, shortly Delore stopp ing, they disposed agvin | lish court of justice. of the statement made by Mr. Strahan on that occasion | in this indictment—the cffence of disposing of | it was between decks; the noise was on the lar- 4 y. | He 7 pacit | othe wan koctirition Mmarebasedi ant vente paemind’ |, Min Garena ti q They must take it into thelr fair consideration as one of | securities which were intrusted by your eus- | board side; the pumps sucked at twelve o'clock; eee ote chara Rae the detente; | they sold at first to, but to other pérsons. Nowe, theta (STACI ee ee menaniek colon ee eemantencandn i cate, and no more, Ait Strahan | tomers to you as bankers for the purpose of being keot | there was only one man on, duty; Seth wos ick for A again ? : geo vat | sate for thelr use, and which you appropriated, under | couple of hours; the ca men sa thin indlctuent--gbatainar Kean, $0 moat Us, and pou! of these latter securities, to which the disclosure Sir F. Thesiger would briefly call the attention of the | was certainly incorrect in seying that that was indian etreumstances of temptation, osu oun, pean part of the vessel; tyrard no oohyesgation by the ator who have hitherto maintained a high position in society, anda coax of unquestioned integrity and houor, which preveoted them from being supposed capable of the offence with which they are now charged. ‘Tho present eharge is one not only involving penal consequences ot cat magnitude, but alo affecting the honor and charic er of these gentlemen at the bar. You are sware that the defendayts carried on for some time the business of bankers in this metropolis. The firun was one of an cient date; its transactions were large, and it enjoyed the confidence of a highly numerous body of customers. Ainng others, the prerent prosecutor, Dr. Griffith, Pre- | bevdary of Rochester, opesed an account with the then j firm ot Snow, Paul & Co., in 1830. In 1838 Snow retired, and the present detendants, Strahan and Bates, jo'ned the firm, Subsequently sir J.D. Paul, the father of the de- fencant (Sir J.D. Paul) died, and from that period the Dariness has been conducted by the three defendaats. Dr. Griffith continued the account he had opened wi b the firm of Snow, Paul & Co, in 1830, until the | transactions now the subject of inquiry occencred. Hy was a gentleman of great fortune and charaster, and employed the defendants, as bankers, to invest money for tum from time to time in public and foreign securitios. Zhe present inquiry relates to some of there securities, fraudulently disposed of by the defendants, ih contrayen- tion of the statute which makes it penal to dispose of se- surities placed in their hands for safe custody. Among ‘there recurities were certain bonds issued by the Dauish government, bearing interest at the rate of five per cet; in the Court of Pankruptey referred, is not the occasion | jury to the state of the law previously to the passing of | fraudulent tranraction on his part, if he we ofthe present charge sgalnst the defendants, Tknow uo- | theact of the 7th and, Oth of George 1Y., pear he In | the transaction of 1854, unless he salved his consclenc» | and more serious offence can hardly be imagined fa a | on the first visit to the Two Friends, n) one went on thing that they may subsequently have done that is at all | she year 1812, if a banker or agent of doy descrip! 1a, | over by the notion that reparation was male for tha’ | great commercial city like this. If tendato shakeconfl- | Seard except the two mates; reinained until 12 o'clock at Dinding om Dr. Grifith. ‘That gentleman authorized and | having the property of « customer intrasted to bim, mis. | which before was 4 wrong act. and that the wrong hai | ence in ail person: in the position you oosupled, and it | night before the Two f.jends sailed; they waited to see entruste them to purcbase and keep specific securities | appropriated or converted it to his own use, ne wa: Deen removed by the subsequent substitution of ures: | bas shaken the public confidence 1m establishments lite | what would becomes of the James Cheston; they took with specific numbers, and tt is for getting rid of those | guilty of any criminal act, alunough he was respor Ponda, “Tt was just possible for persons to take that view | that you for a long perlod honorably conducted, I do | two barrels of tlour and some salt sat fiom the Chor securities without his authority, and converting the pro fucipal or customer upon any civil pr of their conduct, but the law didnot. The jury wereentirr. | very, very much regret. that it falls to my lot to pasy | ton: the mate of the two friends said he was perfectly ceeds to their own use, that they are now charged. ‘ith detect in the law was not discovered until one | ly to judge en that matter; and here he would observ any rentence on persons in your situation; but yet tho } willing to take them on board if they would bring their respect to other securities which they may Lave pur- stockbroker, sold out certain stock belonging tv ve wtatements put in for ‘the purpose of making a ‘dis. | public interests and public justice require it; and it ts | own provisions, i chased subsequently I know nothing; and I believe, thero- | Sir R. Pluner, Master of the Rolls, Welch applied te | elusure” showed that Dr, Griffith had been a loser to » | not for me to shrink from the discharge of any duty, ‘Thomas Van Hove; sworn—On the moruing the vessel fore, that this defence, if gone into, will fuil. Having | produce of the sule to his owmgpre, and absconded H. | considerably larger amount than the £6,000 Dunisb bond. | However painful, which properly belongs to my office, 1 | wax abandoued, heard the officers talk about Jeaving the now stated the principal features of the case, I fool it is | was tried, and was found not guilty of a criminal offeace | in question, ‘The check for £12,228, which was pi shoud have been vory glad if it had pleased God that | rhip to go on ‘board the brig Two Friends; was on the not incumbent on me upon the present occasion to say | An act of Parliament was thecefore passed by wich any | bank notes, was dated March 16, 1854, which ugcee some cne lee now had to discharge that duty. Ihave | boat that took the mates to the brig; the mates went on one single word which wontd tond to aggravato the pork. | banker or ogent who should sell and apprepdate to hie | with the items in sirJ. D. Paul's’ private accouné, | sen (continued the learned judge, with deep emotion) beard the brig and talked to the captain; after they came tion of the defendanis, or #hich would operate to their pre- | own use tho securities of his customers, without ther: | clerk of Foster & Braithwaite received the bouds frow | at least one of you under very different circum | back the chiel mate, Chason, said to the captain it was judice. I sba'l simply proceed to prove the tacts I have | authority, was Viable to® conviction for misdemeanor. | Mr. Beattie, and there could be no doubt, from the num | stances, siting at my side in’ high office, instead } all xight; when in the boat heard a great noise in the stated, and I do not betieve that, eitheron the merits or | A clause was introduced into the act that the peralty | bers and amounts of the bonds sold, that among then, | of being where you now ai, and I could scarcely | vessel about the middle; went on bosrd and saw the law of the case, there can beany answer to the charge. | annexed should not extend to avy partner or partne: were those brought by the firm in 1851 f.r Dr. Gri then have farciéd to myself that it would ever | mates in the hold of tho vessel; the boat h> was in wad Dr. Griffith, who was then ealled, said:—I am one ot | urless such partner or partners should commit or b» | Ceposited by himin their hauds for safe custody, and | come to me to pass sentence on you. Bat so it | sent adrift when they got on the Two Friends. the canons of Roches'er; I kept an account with the | privy to euch offence. Another act afterwards passed to | sally kept by them up to that time. Those bonds w-r« | $8, and this ix a proof, {herefore, that we all ought to pray Edward Coward, sworn—Kesided in Liverpool ia Feb- firm of the defendants from September, 18°0; at that | wake factors who should pledge the goods of their pria- | thus sold by sir J. D. Paul, and this transaction was th | not to be led into temptation. You have beon weil | ruary last; was cleck in the house of McUlain, Morris time the title of the firm was Snow, Paul’& Paul; it was | cipals answerable in @ criminal proceeding. This and | subject of the present charge. There could be uo down! | educated. and held a high position in life, and the punish- & Co.; the firm are the con-ignoes of Messrs. James Ches- afterwards changed to Snow, Paul, Poul & Bates; and | the previous statute embodied in the 7th and 8th of | a8 ugainst Sir J. D. Paul—waiving for a moment the | ment which must fall on you will consequently ba the | ton & Sons; saw the ship James Cheston after she came upen the death of the late Sir John Paul, in 1853, 1t | George IV., chap. 29, which applied both to bankers and ] question whether the disclosure before the Court «i more seriously and severely felt by you, and willalso | into dock at Liverpool; she arrived in port on the second was changed to Strahan, Paul & Bates; Iwaa in the habit | factors, What the jury bad to decide—apart from all preju- | Bankrnptcy were an answer to the present charge—th: | Leet affect thore ccnnected with you, who will most | Friday in March; witness went on board the next morn- of caplet the defendants to make investments for me, | dice and influence exercised by the public press,and apart | @ clear effence against the statute had been committed | sensitively feel the disgrace of your position. AU that I | ing; went down the hatchway and saw marks of vio~ and! believe in 18501 directed them to invest 2,000 in | from any forling which they might entertain of the im- | i» disposing of these Danith bonds intrusted to hiv | have to say is that! cannot conceive any worse case of the | lence; this wason the larboard, side; thére wace lirge Danish Five per Cent Bonds, and I was debited on the | propriety and immorality of Mr. Straban’s condact in | for sate custody. This was clear breach of trust ov | sort arising under the act of Parliament applisabie to | cuts, as if they bad been made with » hatonot; there was 4th of February in my passbook with the pice paid for | 185)—wae, whether there exis'ed suiicion proof that | his part, which breach of trust ina backer vas pun J your offence. | Therefore. as T cannot conceive any worse | one hole in which he could put bis two hands; trere them, £2,000 odd; I received a “bought? note ot the | Mr. Strahan was privy to the act of selling the bonds in | ishable asa misdemeanor by the 7th und 8:h Georg | case uncer the act, I can do nothing else but impose the | were two auger holes; both of them were plugged up; vent, bea tranehcllont oa tholGl er aeel, Wee T insenion len by Roatde nod Brarthuvaile ie Mach 1eek tia | IV. chap. 20. He should not have considered it nece | sentence therein provided for the worst caso—namnely, | there was another cut in betwoen decks; there vore Snd I will confine my prevent observations enticely t? | Sefmndants io purchase £1,000 worth more of tho same | fer'antiogs, i Sekrnding Mr Strahan, nots prejudice, | s7y to carry the case avy further, but eviiice liu | tho most severe punishment, which is, that you be sever: | cles cut to let the water into the lower holds, the, Roles pomorbsatt delet tall tarde arly conan De, | stock, and was debited with the price, 058 15s., in my | by any observations of Ms, the caso of the other defend, | heen called to show that the bonds were sold ty | ally transported for fourteen years. were below the water sine; she seemed in as gaod vondi- a “employed the defendants to invest money tor him | P&#socok; in April, 1861, Igave the detendsate a'further | ants, but he was necessarily compelled to advert to iho | Mesers. Rothschild, Cohen, and other parties, ths ys niiaonierss ¥ be peernen aatuundied by thelnpeattase, homed zener ie coulahie 2t anon tee aen aa in these Danish fiye per cent bonis. In 1849 the Danich fovernment raised o loan ond fsrued bonds as wecurlty to persons advancing money. In January, 1850, Dr. Grifith instructed the defendants to invest’ for him in these Danish five per cent bonds the sum of £2,000. Whether he gave a written order on that occasion is un- ertain, though probably he did. He had, nowever, no distinet recol'ection of that circumstance, and no order } Thad deen found; bat nothing turns on that point—for it order to purchase simular stock to the amount of £2,000: | course taken by sir J. D. Paul with respect to ihe sale of | these partles received the dividends upon them, anc | leant ogainst the dock as if they expected thelr counsel | the water in the tanks had a peculiar taste; he it I ald this on the postecript of a letter Leent to the | the bunds at the imehe had mentioned. It wie ee that the defendants bad ceased to have any property | to moke some observations tothe Court, but, after ashort | and ¢id not thivk it unplearant; the watchman emplayod, defendants; I was debited with the sum of £2,037 10s., | clear tbat no other of the partners excopt Sir J. D. Paul ever in the bonds thus sold by Foster and Braith: | interval, they slowly retired in custody. The rev prose- | to guard the vessel froquently drank it. ea the orice of these bonds. The whole” of them | interfered to procure the sale of the Danish Bouds oy | Waite, although the dividends were regularly carried t» | cutor, Dr. Griffith, was observed to shed tears when the jomas H. Hooper, aworn—[ amounted to the sum ‘of 45,000 in tho Danish | Foster and Taithwaite. Sic J.D. Pant applied to Mi. | De. Giifiths eredit; then the gen\leman had! been calle’ | sentence was pronounced, but the judgment appeared to | was placed In the binds «f the witness.], Wltnees p:0- bonds, which the prironers were authorized to take char Beattie fora loan from the National Assurance Society. | Who negotiated this loan, and who proved that every | give rattfaction to a crowded court. cured the book from Captain White after he retureet to of for me; I don't vhink Tever saw these partioular bonds | and when Mr. Beatilo stated tat hla company were not | Bond had a distinct number, the conclusion being the tae ere at caudate. esberlarie tale oie tendemee or made’ any inquiries respocting them; I remomber | in the hubit of advancing money upon foreign securities, | these Danish bonds were sndividnal chings, which were G m having 0 panreresticet wills ss Estos upon the subject | he pos oo a Beat ite to eispore TE hee "a doubi, | not to be replaced by other bonds of equal value.” Theve The Case of the Ship James Cheston. Cheston was in him; Captain White, and the mates Tha- 3 of these bonds and my other securities since they were | the very bonds now in court were sold by Foster and | being, then, aclear care ogainst Sir J. D. Paul, unles~ {erom the Paltimore American, Nov. 23.] sou and Packwood were the officers; she sailed from this peta) eaten egg opener “emage the pas | purchased, and be tala mo. that ‘they. were quite secure Braithwaite, and that « check for £12,281, drawn by afc, | be bud absolved himself by the disclosure, the next ques CIRCUIT COURT OF THE UNITED STATEF. pest; tees Macien Bart Of January; Mase wne Laetes ory: Seernipeny,. #, Heck beck {amount The bonds | #8d eafe in their custody, and on the 28th of April, 1855. | Beattie, and paid in bank notes, was received by Sir J, D), | tom was whether the other two partners ‘were parties to Before Chief Jus'ice Taney and Judge Giles. with flour, provisions, and ingot copper; he reoatved 4 Beas Lasked the defendent Bates particularly respectiag the | Paul himsel This suin was not traced after its receip! | the transaction. A partner was civilly responsidle for SROOND DAY, the log book through his clerk from the American ofice were bought on the 24 of February, 1850, anil were after- wards deiivered at the bank of the defundants. The: White, indicted on a | A letter from Captain White, to James Cheston & Son: Danish bonds, and tok Mr, Bates that they had received | by fir J. D. Paul; but, even supposing he entered this | the acts of his copartners. And why? Be:ause by an The trial of Captain Joseph 1 wY | the divitends on the Danish bonds, but not the interest | sum in the books ot the bank to the credit of the fi ogrecment between him and his copartner he was consti | charge of casting away the ship James Cheston, and con- | dated Witmington, North’ Carolina, was 4 were five bunds o1 each, and were numbered 370, 160, » of the firm, : an rf ty es + upon some gas sh ich was 1 5 Mr. tuted an agent for all acta done in pursuance of the part. | spiring to cefraud sundry insurance companies, was con- } presented and read to the jury, The letter s 400, 457 acd 458. Wr. Grittith was forthwith debited in | WHOM fume was shares, which was then due; Mr. Bates | that would not be proof in a criminal proceeding that Mr. | tulad an agent for fie pera | tinued yesterday. m f statement in reference to tue cause of abandoning the ‘the books of the bank with a sum of £2,002 10s., which said that the in‘erest had been received, but was not yet | Strahan, or the other parties, wee privy to the act, be a his copartner. He was, therefore, civilly re hi carried to my account; Mr. Straban was present when «e there was nothirg to indicate 1 sponsible for all acta done, etther in the sence OF a) The following witnesses were examined by the prosecu- } vessel, (which ws the leaking condition of the ship and re rece tear aa cine the seemenlintnn Pe ES thas convervation, ihek piace; the inverse upon tue | St the cod see {eringientec mint tbe natar |: cence of his coparter; buthe. was not responsible, and | tion. The cigknens of the crew.) :'Tne..abtip waa. Seguee’ Ar ete SE Ap OF the’ Kaine year when Dr. Gelitth author, | L2uish bonds was regularly passed to my account down | only be knowmafter the act had been done. The money | could not be held responsible, for auy act done by bis c» ‘James Frazier, sworn—Was a seaman on the Jame | «ffces; the tment of the insurance was $70,000; the feed the ‘defendants ta Invest another sum of £1,000 | ‘2 March, 1865; 1 never at any time gave the defendants | could not have been received until after the act cbarzs! | partner criminally; because no man could constitute auo- | Cheston; she turned back on the 25th February; tho wa- | «fees in which the ship was insured nre tho Atlas, At- im the same securities. On that occasion. th defendants | ®tbority, disectly or indirectly, to sell, transfer, pledge, | Lad been done, ond the mere knowledge of the eredit aic | ther his agent to doa crimiusl act without his personaly | ther was fair when they turned back; they deank tie | Jantic, Mercantile, and New York Mutual Companies of we the orter to Mosers. Sims ond Hill, stock brokers, | Cf im any manner convert these securilies to their own | not show any ‘participation in the ect ‘The jury were | Cesiring him todo i*, or acting with him in cacrying it | water of the tank five or six days before they turned | New York, and the Pelaware Safety and Union Mutual SEX accordingly the latter made the purchase and sont it | Y**) #4 there was no plea nor pretext by which they | called upon to decide ujon a criminal charge winch might | isto eifect. He ‘wax only criminally reeponsivle | bick; the weather was fair for Liverpool when they | Companies of Philadelphia, to thedefendants’ banking house in one bond. Thenam- ber of this bond was 87, and the defendants debi'ed the Prosecutor in the books of the bank to the amouu: of 16s. Their third transection was ia 1861, a1 | on that occasion it is quite clear that a writ’en order was by Dr. Griffith to the defendants. Mhat has been nd, and it is an order desiring the defendants to invest 0 in the same securities as before mentioned. The jsnts thereupon again instructed Mesars. sims and Hill to purchase the amount, and the latter did so on the 20th of April, and forwarded the bonds on the J0th to the banking house. The bonis consisted of two of £400 each, numbered 426 and 673; two of £300 each, number: ed 793 and 794; and six of £100, numbered 657, 659, 661, 662 and 663. For this purchase the prosecutor was debited in the bank books of the defendants £2,037 10s. ‘There reveral bonds were purchased by the defendaats through the brokers on these three several occasions by the express authority of Dr. Griffith. The defendants re. gelarly received the dividends on these bonds aa they be- game due, and credited in their books Dr. Grilith with them. Thoy received the dividends from time to timo, and continued to do so until the Ist of March, 1854. It tha’ st that time the firm of Strahan & Co. had into certain difficulties, and had recourse to th t@ and guilty expedient of resorting to the securities held fn their bands belonging tortheir customers for the purpose of raising money to meet the necess tes of the hour, It appears that in the course of could consider themselves authorized to make use of | be followed by the most seriour cor ; | for the acts of his partner if he personaliy | turned back; the weather was fair betworn the time of | [A witness was here introduced to prove the gemvine- them; my valanoe was always larger, I belicve, than was | were not to vesume withoet any oral that ake tick, | took part in. the trumsastions, and therefore the | (uuing back and the uy of abandoning the vessel; the | ness of the policy inued by the ilies keousnman Boch prodent; the total amount of iny securities they ought to | must bavebad a knowledge of this transaction, Hvory. } Jwy would Lave to look, not merely to tue | brig Two Fiiende was in eight early in the day; atteg of | pany: had in their hands at the time of the failnre was | thing, indeed, indicated au absenee of such knowledge on | Wuéstion of whether Strahan and Bates were partner: | distress was raised: it was with the Union own; the flag Galloway Cheston, continued—The protest was £22,000; T was in London when the difficulties of | his pert. The £5,000 of Vanish five per cent bonds be | 2 the concern, but also to whether they could te | was raised by tho witness by order of the mate; the mate, | duced ana identified by the witness; the tank was filled the house be:ame appacent, and I put the | lovgirg to Dr. Griffith, having been dispored of in Murch, | consicered as being parties to the criminal act of sir | Chason, ond four of the men lefi for the Two Friends in | with water at least two months before the ship salet; uatter into the hands of’ my soliciior, and | 1864, in June, 1864, the same amount of Danish bonds | John Dean Paul in selling the bonds in question. If they | one or the boats of the Cheston; the captain sail | it held about three thousand gallons; the witness here warrants were applied for at Bow street against } wae purchased by Sims & Jill tor, and delivered to, | Were not proved to their satisfaction to have been i they would leave the ship; when the mate re- | stated that although the vessel was registered in his the defencants; application had been made at the | Strahan & Co, There was no doubt that the dividend. | State of what was called “complicity” with Sir John | turned from the Two Friends be said to the captain | name, there were other parties who were joint owners bank relating to my eecurities, but we could get no satls- | on these bonds were received hy Strahan & Co. for Dr. | ean Paulin whe act with which he was charged, Goo | tbat it was all right; (witness then repeated sundry | with dim. Before the abandonment flugh Jenkins had “fuerory infortoation, and the defendant Strahan eventually | Grifith, and that be was eresited with the dividends tn | forbid that they should he held punishable for his crimi- } cvrvernaticns between the officers and men about rv, paid him $5,000 on account. cailea upon 1 Two of his friends had seen me belore he | his passbook ip September, 1864, and March, 1866. Ther« | PAl conduct. When the jury came to take the case in’ moving clothes and provisions; when the captain left A question was here raised by Mr. Wallis, the counsel came. Mr, Strahan’s first observation ty me w Tam ] wes nothing to lend the jury to believe that Mr. Strahau | Coneideration, they could not, however, altogether leave | the sbip he arked the mate if they knew what to ¢o for the defence, relative to the ya'idity of the imfict- surprised to hear that you could obtain uv ulory ion at | was in be slightest degree aware of the disposal of the | Ut the circumstance of their being partners, because, a- | with the «ip; the mate responded that they knew what | ment. The indictment sets forth thut the vensel was the the bank respecting your securities. I and my partner | former bonds of Dr. Griffith, and the substitution of | Partners, they might have a knowledge of the nature o' | to do; when the captain asked the question he pointed | property of Galloway Cheston, whereas it was jantly were there constantly to give whatever informatir ight | tbore bons om which the dividend had been | the business which was going on, and it was for the Jury | down the hold; two of the sailors of the Two Friends | owned by Mr. Cheston and Mr. Jenkins. be requized.”” I considered this relates to something “he }. He now came to the conversations upon | to say whether, being partners, and having the moans. | were on the ship at the time; when the pumps wore | At this stage of the proceedings the Const adjourned had heard, Mr. Strahan then stated that they were en- his learned friend relied to. fix Mr. Sten. | snowing, the circumstances were such as induced them | sovnded the captain said that ‘there was 13 inches of | until this morning at ten o'clock. pace! day ane night in making up thelr accouats, and, i( | hen with | the gailt Knowledge of “the | transae to believe that the defendants did kuow and were privy water in the vessel; heard *he captain say that thero was proeeeced with the legal measures IT had announced, it | tion of 1654. Dr. Gri . to the fraudulent transaction w! rmed the subject | Water In the between decks; does not know how many awon'd be very detrimental to the croditors at large, and | securities. Mr. iicanapiaae. tay non teen nen fey of the present charge. What were the cfremnsiancer | corks of water were on the vestel; the water used by ee ba ieeeeenegy tre FR yh a particularly ‘to myself, for the securities had been so | the city, either to Overend’s or Burnand’s. It wa- | Whicn were calculated to lead to the inference of thy | the men was p'aced in a barrel by 2 and the cook; Tage oss _ mene, O a or disposed of that there was no poseibiil'y of my recovering | clear that this statement could not apply ‘0 the aale vi | Suilty ccmpiicity of all the partners? In the firs: | the captain and mates were together when the boat was |, [From the St. Lawrence Republican, Nov. 20. any thiug of them, whereas, if T abstained from these pro- | ihe Daish Bonds in 1864. Mr. Strahan then told Dr pie there was the money which was brought to the | orderd to be sent to the Two Friends; the weather was | |, 2 biuyy nal, peoent, socom yy thunder aod cecuings, there was » good prospect of my having then | (iifith, “T assure you it is the first dishonest act of mny | bank’ fiom the sale of the bonds by Messrs, Foste | very fine; they were making a knot or « knot and a baif; | lightning, passed over this place on Friday m <4 replaced or repaid, as both he and Sic John Paul had | life, Tbever defrauded a man of ¢d.;? and he added tha: | 82d Braithwaite, and the aggregate amount of which | it was about 2 or S o'clock; whem he left the ship the | 114 o'clock, such as fon have over witnessed so la in great expectations of receiving money hereafter, vy | this happened six weeks ago. But his learned friend wis | W## Placed to the credit of the private accoun' | fails were hanging t her; the night afer they left the season as November 16. During the exis-ence of the which there geowities of ming might be restored. | uring thie confession of w°dishonest, net in 1805 > affect | of Sir John Dean Paul. He would not contens | sbip was very dark; could not see tke ship at might and | {OTs the beautify) country residence of the Hon. Henry He added that they had prepared notes of hand for | Mr. Straban upon a charge of disposing of bonds in 1854. | that it would necessarily follow, but, generally | does not know what became of it; the water in ‘on Rensselaer, situated one mile west of this vilixge, our, we, in case 1 shold have called at the bank. Mr. | Nodouot if Mr. Strabi rty fo the ti tion | svenking, he thought a fartner would inqui | the tank was a Tittle brackish; witness nas drank | took fire and was burned to the ground. Mr. Van lens- March, 1864, Sir J. Paul applied to « geatleman of the | {° e p heer ong a a eee, WE hcg ela . "4 | ow ki ich the hol id his family had vacared the house only s few ame of Heatiic, secretary to a company called the Na. | S.zMan proveeded to say, that my securiiien had | of 184, it was an equally dichonest act with that of 1855 | how) and under what clroumstances, a sua o' | worse) knows nothing of the eyeks in whicl the lols aoe fh purmvanse of & dsterinidatlen a vise sims been taken by Sir Join Paul himself to the city, | Mr. Strab. iad nothi ¢ 186: ' “This | £12,000 or more, came to be placed to the private ac- and placed ja the ‘bands of elthber Overend end On. | wm the ast Ulskauest aon ot omy bin ued it war anc ce err st ene et Pe ptinn ties pedo fe Be ¢ one fell from the mizzentoast: the vestel did not |. eDte ia passing the ‘winter soawn of or Burnand & Co., he could not tell which, He | weeks ago.” With respect to the evidence of Mr, Beli | tld that the securities of Dr. Griffish were kep: in thr } leak'more than other new vessels that he had beenon; the | each year in the city of New York and the sumnera tional Insurance vompony, to advance a sum of money en behalf of the company in respect of and on the faith of these bonds. Mr. Peattie, however, answered that the , j here.” A rear f the house by Mr. : i on | #i80 raid that Sir John Paul was not alone to blama, | that gentleman was not very clear in his recollection: b strorg room, ard there appeared no reason to doubt tha: | ship sucked at about twelve inches, pesos wing of was occ 1pied . Sry st ay cacy kaa ie ai tte upon | that he himself was equally Mt, "idiioas elk egasily| be would ask the io & charity to coneder, if Me] they were tlere up te w certain period, after which thes Cross-examined by the delence——He testified before the | Jomes Patterson and his family, and the house and the ai danse poniiiien ta crtne to rate the tate . Mr, | Yésponsible, inasmuch as tt was done with his full know- | Straban really said that the securities were pawned ov | cotld not have been found, ror were any others substi Commismoner ; said that he wade the same statement t> | appurtenances were left in is control. Tho excesive Beattic consented to this transaction, and took some of the recurities from Sir J. Paul and ptaced then in the bands of Messrs. Foster & Braithwaite, broke 4 in eity, for the purpose of sale. Among these ledge and consent, and that he had given him the securi- | sold, that be was applying his observations to th tuted for them until the month of June, Did people | bim about Captain White ; stated that the vessel leated | darknose of the night, with the driving rain, hoavy thun- ties; Mr. Strahan then raid, “T assure you this{s the first | transaction within bis knowledge--namely, ieee RY | never walk into their strong rooms, or know what warn, | all ibe woy frrm Baltimore ; that they were all the tine | der, aud almort incessant dashing of the lightning, or a dishonest act of wy Iife, I’ never poldore defrauded any | month of April in the prosent year. He believed ha hind | them, or did they not look after the securities deposited | atthe pumps, day and night, until they left the ship ; | Jong time drowned the alarm, and Mr. Patterson hist to man of sixpence,’’ Taked him when this happened; he | stated the whole of the evidence on which the jury coule | With them, or were they not presumed to look after the | said to the Commissioner that several of the men were | leave the house, in flames as it was, and come t the Ld sald about fx week village top id aid about kr «ago, and added that the securities | be called criminally 10 convict Mr. Strahan on this seri | t€moval of any portion of these securities? The defend- | afflicted with boils ; one was off duty one night in conse- lage to procure aid. “ ae oesie ek Tak wait: ccocthuael dntcsier ‘1 | 20 dlspoxed of amounted in value to nearly £100,000, aud | ous charge. He believed that if the publie mind hed ev | ants bad the incans of knowing; the question was, «| quence of a bcil on hie knee; the weather was fair for Bl apclernpersgbeomybe wih ligt 'ged pots baa 5,000. Th were placed by Mr. Boattle in the | MY seewsttios vere by lar the largest amount belonging | been directed to this case with a great deal of curiosity, | they make use of those means, and did they know the | Liverpool, where they turned for St. Thomas ; on the | Van Rensselaer’s, ypon the stiucture and alormmant of ands of Messrs, Foster & Brai hanite. and were sold | ON? person that had been go disposed of to Messrs. | they would not have heard of there being any case u, .. | icumstances? Then there was the circumstance thet | morning they turned, the men were constant y at the which he bad bestowed vast sums of money and such ex- on the following day, the Ith. f Sassh, “Moses, | Perpereorn, the brokers, who generally dealt in then. | such evidence to fix Mr. Strahan with any participa | afterwards the whole of the defendants made astateme..:, | pumps from five antil eleven o’cloak, before they got her | Juitite taste is so fuythfully daguerreotyped hy the Boys Foster & Braithwaite gave their chuck for. tho | He *aid be nelieved some of them might have heen; Task- | tion in the guilt of this transaction. Both on. the | OF “disclosure,” aa it wascalled, in which they spoke ' | free from water +m the morning they turned for St. | Yai/y Jounal, that we adopt its narrative. amount of the cale to Mr. Beattie, facludiag tm it the | @¢ im, alco, whether my securities hud been kept in my | counts respecting the pledging of there securities, | the £6,000 Danich Five per Cents deposited with Mess ‘Thomas ; be was at the «heel when he heard the conver- ¢ have been { by one of the un sation between the eapiain and the mates about leaving | WhO bas examine? tuto the matter, that a very heavy gum of £4,795 188, 6d. for the Danish bonds.” The check | LOX that vas at the bank? He replied that they were | and on the counts of conspiracy to pledge thom, he | Overena Gurney & Co. on the 80th of April, 1865, E + not, but they were kept with other secusities ofa similar | maintoined that there was no evidence it Mr. Stra. | followed by £10,000 Three per Cents belonging to 1. | the ebip. coneussion struck the house in the midst of the thunder Deing eae a heya e Aga bjomeo 4 grit a) nature, but in a parcel tied up by themselves, with my | han. The learned gentleman then vanadate the ‘ie Griffith, sold by Messrs, Foster & Benithwaite on the By the District Attorney—They thept at the storm, andfwith euch force ns to awaken *he whole house. Hee rcietiatine chock Inco Mis bikers: aatell aa asthe: | Dame affixed to Jt, in a strong room: he then again arged | elovure made ty Mr. Strahan before the Const of Bank. | 14th March, 28:4, But ncthing was said of the £5.00. | pumpa all the ttme; they were kept there whether there The ‘fianily vere fortunately absent Mr. James Patter- Sesee te tae rescieed et ob varne upon me the impolicy of iny proceeding, stating that ma- | ruptey, which, he said, had been made faithfully by tha | betng cold im the first instance. They stated the tac. i | was water to pump orhot; thermate, Packwood, gave | £0% ln whose chuge the property was, occupied with naan pindcpecatiiien tt nd with this | BY other Yertons who had been similarly situated to | gentlemon in respect to all the circumstances withia hi- | % partial sale, but they did not state the whole of | eréers to remuin at the pumpa; when they were con- his family the rear wig and when the house was Eivestigetion. “He then drew » check om luis bvakers in | self, bad been very kind to them, and begged that { | own knowledge. Before 1812 this atsapplication hy | it. Tid they ‘know the whole transaction, or par: | stantly at the pumps they worked by spella; they pumped | Stwck he got up, but as “here was a heavy wall betwerm Sr i. Paul, and gave tt tocic JePaal There |. | Neuld abandon proceedings; he added that he knew that | bunkers or other ngents of the property of tucit pus, | Cly? If they knew the whele, why was it’ that 'n»- | only chout ten mbeutes before the heel mcked, tas | Bit and "he main building, he discovered no caus: for wo doubt but Sir J. Paul recetved the money en aceoua and was not a | {Ding was salt about the first saley Or did they th! | chiet mate sounded the ; shrm. In about twenty siuates Hrs. Pesterese mast writs had been lesued; my teply was that Iwas not ac- | pals was only subject to olvil proceedi one ppreheastons tuated by any vindictive Tecting, but that I felc Chad { | criminal act ft | aad ey he statute pas odin the | that the substitution of one eet of bonds for the otkes | jeft her, and said that inate San thasure bictas waned: sinoke, but her orengy quieted her apprehen: by duty to perform to the public, and that I would not allow | 524 of George III, | That provision had been eniarget and | tock away the fraudulent charaeter of the first transac- | never saw her sounded when the water was above the | Myine that they were Joubtless making a fire in the so grievous an offence to be pasied over, and I reierred | expanded by subsequent enactments, providing at .he | tien? One part of the case was perhaps not xo strong | sounding red. bv Seee an tiaoe a ran sey the dougiiine se yercuet im tom peal I never saw the Danish bondte ay | Suze, lime, that where & person had made cortala dis | sRainst the defendant Bator. Ho did not atate fa is ex i Abbott, sworn—At daylight tn the mornicg | yy corse geal kerr eegpeni eons, nog Bong wine ty § " he nish bonds at closures under compulsory process in tof lt amination that he knew of his own knowledge of the «ale at Pele hg op yp & court of law, he ge gam the Brig’ at one o'clcek the fag was hoisted at | Wut dimeulty, guve the pend, bp of that check, and made it available for the purposes of the firm. Therefore. so far as Sir J. Paul is concerne:, fhere can be no question of his complicity in the guilty feomsaction cf misapplsing the “ecarities which hat been deposited with him for safe Keeping. It will be ic J. ganda pamtooiiy dean by the evidence thes B Pant ani | *2Y time; Teannot say whether they are securities that | should not be indictable on that account The 7th and | oF ceposit of securities, or had anything to do with ‘hem mast with the Union down; they were all called Bis partner, had no authvrity, direct or indirect, from | PASS from hend to hand without assignment. the divi. | &8h of George IV eolarged the privilege, and extended + | While the other defendants in thelr separate exami...ione | on deck ond asked it they would Fave’ wheat: he Bite ies rode Gnd dropped: ined, (eae. Fouay sease De are sell or otherwise dispose of these securi- | “ends were payable in March amd September; [have | to the care of examinations before the Commissioners for | *Poke of securities “+ pledged or converted by mey” sates | left in the Inst boat but one; the mates and two of the | ua (eae roc fo onal ss fog poy sped They had been deposited in their bands as being | fted accurately the conversation that took place be- | Bankruptcy. Fron: something that foil frum the Atto-. | oDly spoke of eccurtties ~ pledged or converted by any © «seamen were cn the vessel when be lett; heard a | Ped ty reason of the gua a “C8 ne the bankers of Dr. Griflith, for safe custody, Neverti: tween me and Mr. Strahan, but I may have omitted | ney General, he was inclined to believe that his learned | ¢ither cf my partners.” With regard to Strahin, there e, but could not tell what it was; the noise was | way Dine. 4 ct Setraten Latediy tx Geet ory Sir J. Paal did dispose of them, und carried the pro. | *™etbing that occurred; I made a memorandum at the | friend meant to say that this disclosure on the par « Wus the circumstance to ve taken into consideration of nat the larboard ide; he was told to let go the foro | the wing. ge rah oer nagplbe penne & by omy serra po not to De, Griffith's ascount hut to hie own hoe, | time, which has assisted my memory; I had only two in- | the bankrupts was Yeluntary and not compuldory, aud, | his statement to Dr. Griffith, which had been urged v {1 halyards and Jet her roll, and that was thelast he | fosnelecnd ovovice of the mal Fs Fy soe} Hep te 4 Therefore, ro far ax Sir J, Paul is concarned, the case is | terviews with Mr. Strahan; I generally transacted my | therefore, that the act did not apply. He thought 1 ct | Megativing, to some extent, the fret of his knowledge of } did; the second inate gave the order; t go the | ths windows, protected by solid inaide stutiers: ton wuite clear against him. With regard to the other two banking business with Mr. Bates, point must fail, for a bankrupt was bound unter the | the first transaction. This was a circumstance in tne | mein topesil balyard by order ef the mate; saw the t os 7 her KY i: ‘be = . ~ utes, WAS eX~ jants, what was the riate of their knowledge of the |. BY Se'Jeant Byles—I had a key of the box at the bank, | act of Varliament to mske a full disclosure connec ed | °#@ proper for the consideration of the jury, The -v' | pumps scunded twice; think they showed twelve or four- | Neaaway ‘ead mes Coutile re had atiatned great transaction? That mast be shown by other evi tence, | *Md the defendants had a key also. with his rope. Now, what was the disclosure | dence showed that the act of selling the secaritios was ihe | teen inches; they used the water of the tank about a | ‘by thedicctricye ovate a9: Shia This transaction took place in March, 1864, and in the | ,BY Mr. James—The gas shares were not misappropri {| made by Mr. Strahan? He solemnly dect ed | act of Sir J. D. Paul, bus if the jury were satisfied tho act | week before they left the ven rack ee ee ey tf Month of June in this year the embarrassments of the firm | St¢4; the Dank had nothing to do with them; they were in | he bnew nothirg but the pledging of Dr. Grita.a’s | WAS dore with the knowledge and consent of the o:'cr | there wax one cack nearly ful wartieae ne swoke that first issued from the ballding was the posression of « fiend, and I haye never seen thon. bonds to Messrs. Overend, Gurney & Uo., in April, 1355, | defendants, and for the purposes of the firm, they wee Ww Captern white until five or alx | Seely impregnated with eulphar; the bouse was tho- The purchase and disposal of the Danish seoaritios was | and the whole ot his diseloeure amounted to demonstra. | eavaily guilty of the charge. The jury would consiior, roughly locked and bolted, and no fire bad been ia it since lin Deeame co great that it was impossible for it t> go on. f was frequently on deck It accor stopped, and became bankrupt. On hear Grldheh 4 then proved by the evidence of the brokers and others | tion clear that h i al uerovs opportunities which Straban aia) 15 Tuesdey. “The mein building waa not entered, as it wos fs ? t the time £22,000 ers and others | tion clear that he was ignorant of any previous trans o, the nume: por aban a: ter the vessel 4 . sohch of seceeitben te thar hina: eutauy Oeeabaeety concerned fn he ranmnetion, ang ce ang. | ame, mith respect to shove touts. ‘Tiere wan not the pastuers ba? of knowing all there cireumauances, and yut | course for St The dentiieccenauardl t crsible to ntand be'ore a'slagle Jet of © dvor or win- ‘ : s,Decethe conatders ie Attorney General said, this was tho cage forthe | siishtest evidence of the participation of Mr streber {no complaint or oute m raised to Dr. Crit. | “Ty the delay Sine was eh ae cow. and immediately put himself in communication | + cceution, the trapmetions of 1884. i, then, Mr. Strahan knew | Sth on. the subject. With respect to the defonunn’ | the Capes: ide went er. wus. very, Neavgy ahe made’ | ,,., The rumor thot tho servants were absent im the eve- with the official assignee, and asked what had become ‘of hix securities, The official proceeded to th banking house, and inquired about them, He was tol! by Mr. Strahan, in the presence of Mr. Bates, that th Sir F. Thesiger, on behalf of Strahan, and Mr. Jameson | nothing more than the transaction of 1 «| Bates, the case was in some respects, stronger than that t deal of water; teh could k ; ning, or bad given an entertainment, or hed in ang man- behalf ‘of Bates, moved for a nonsuil on the ground of } disclosed that fully, then be would be rightly’ eatiting Wo | ofstiahan, inasmuch as he was the mort active pact | Stew was pretty, podkyeeresk St of then toed yer eeak je haem gg verte bow eral ghee ye dy non pel evidence; but— that defence, which he might use as» shield. against the | ver in connexion with the firm, and was the person who | tnglish; several ¢f the erew were of little arcount on a | (ation. The lightning was vivid and almost incessant at 2 Bato , i , ike securities ‘wore either seid or pledged. Hethen aske | MF. Baron Alderson thonght there was evidence | presen asrauls on him, With respect to the conspiracy | m0st frequently held communication with Jr. Griffith. | aquare rigged vessel; It was blowing hard the best tinw | {2¢,Ume, and was seen by people at a distance to str whether in any tock the secutition of the eustomer | M*ovAl to go lo a jury. counts, he maintalned that, supposing the defendanta re. | The deferdant Straban might have thought that the ‘hey: vot oul we? ban bro ee eevensl ner ips; Uhl. | Sacuee peieeee aca: oaseeee, waaay St OY aes Sates were recorded: ant Mr. strahan ant Me, Betos lookel «| ,Sit F: Thesiger then rose to address the jury in defence | Heved by the disclosures they made from the olmers ot | atoration of the Dauish bonds by others of a similar | oneleaked more than aoy new. hi son, who testified that it was as if s great weight one another, and he got no answer. Shortly afterward: | OfStaban. Le said:——May it please your Lordships an’ | any criminal act, they could not be rendered liable to- a | amount might have satisfied Dr. Gritith; and so perhaps | leaking wax owing to the went} the be rr igaie | fellen upon the house, shaking it tecribly. It an im- . cst tall @ and we doubt not all citizens wl b Mr. Strahan proceeded to see Dr. c | gentlemen of the jury, I rise to address you under feclings | conspiracy to do that act. In conclusion, the ho * | it would, if the substituted bonds had been forthecming. | goirg nl the time, mente lose, we dou! all our ‘bad laid a ertuioal te mruotiot apetagt the of greeter pale and enxiety than I ever experienced on | and gentleman earestly and venioely Tntreated | that, lewever, would have been no answer in potat ef | © Ty the Pistilet Attorney—Thinks the erew was good | Pessed to lear that there wae ineurance upon ft, The parinera, | Mr. Strahan scknowleiged fully that the se, | *inilar oceaston Yefore, and that pain and anxiety have | the Jury to look carefully at the whole evidence, low to the cilme of converting them, although it migh: | enough; they were constanily at the pumps; frequently | {rsiture was insured ns follows: — ae curities had been disposed of with his knowlodge and oo not been lessened by an observation which was made 5 Apart from all prejudices, to consider what it was tI erhaps have sae Dr, Griffith from patting the law | stopped. because the pumpa sucked; the mates’ would eee) operation, but urged most anxiously on pr. GriMth t | Od Of your Lordships in reply to an application which I | was charged against the parties on thie oocaston, aad | im feree. Th 10, 4 point to which he would refer was one | 3 > away; do wal the dyidence ogelnst Sir, Stren ea es 2" | which was rather s question for the court than for the | earede mij way: cose rot know why they were con- for the prosecution is closed, My learned friend the A! Detnetptes of the erlmtieal tn ey eerie 28 | de des eoctatnly a tery ‘Hoga age ey ° neon , My learned frien 0 principles of the criminal law, asad t was certainly a very singularly worded a es abe 2 torney General, with that fecling and forbearance in the | this country, Mr. Strahan had not been smueea th oe framers «fit probably never dreatnt that anything would | "Py the covenant) emotes suck when the ves: | Smlngdeld, Meseachusetts is ellen conduct of the prosecution which invariably characterise | evidence with respect to the particular transaction on | Secor Under it like woat bad arisen im the present case. | el js rolling. and the next moment throw up water. Sacias te otastak coe S'stoskb oot se bal him, has told you that the gentlemen now bolore you | whish the verdict of the jury vas to be taken The words of the section in the net were— Willa Devonbill sworn--He came ou. deck at eight | {ht there is Scaaicca that ousecl be Coploned, artclea have for many years maintained @ high position in ao- | Mr. Sergeant Byles and Mr. James ‘ollowed, on behalf | Avd no banker merchant, broker, factor, atornay, or other | o'clcck: sw a vessel (0 the aterm; was told to Keep hor pC apes geet we age dena dig wnt a ree ‘aarong® cfety, and a eliaracter of the highest honor and iniegrity. | of Strahan and Bates, and the ease was aljourned for | sgent, as aforesaid, will de liable to 'be convicted by snp evi. | to the leeward; at oue o'elock was-told, to get the boas | CCYale and a choice Henry, selections canvot forget the position of Mr. Strahan, possessed of | the da; Hence whatever ne an faguinat thin actin reapesat any | cut, ihe mates ‘went to the other vensels attor ies | ‘WeBtY Jeans of revenceh and eae Wealth avd station, respected by numerous friends, sur- | Oct. 27.—Mr. Baron Alierson, Mr. Baron Martin, and | Ret.dene by him, if be shall, at apy ime previous to his belnk | Cane back the captain called all hande om deck, anh Fi ranted by an Aifeetionate fatty, ad when I contrast | Mr, Justice Willis, tock their sous upon the beach at 10 | rerscquence of any compulcory process of any cousvof hey 22 | arked them if they would leave the veasel: the eaptain | Ivrontaxr TeLmanara Case 1 Rrcumonp. et Ores ion w is rance lay, I fel | o'clock. bony wo Bates then surrendered, his two amity, tn ony ac fo, oon oceniing which have snid they had better Jeave than sink with the ship; the | A case of considerable interest was decided yesterdsy {n felt it iny dnty to make on behalf of Mr. Htraban, with re ference to the position of the case now that the evidence pe rat startly at the pumps; knows nothing of the log book; did net hear any conversation betwoen the captain and this prosecution, and not to adopt aayihing like erbtinal prteteting, br. Grfitith observed thet ho. he & public duty to perform, and that, however unwillin he auight, feel to ct hostilely towards gentleman wi'h whom he had been acquainted, he had no alvornative but to enforce the application of the law agaiast them. The jury will hear the details of the conversation whic, passed.with Dr. Griffith, which will lave no doubt on their minds that Mr. Strahan thoroughly combined wish Sir J. Paul in this transnetion. In fet, the object was to money to meet the necessities of the bank; ant therefore, it will not be straining the evidence at alt to Star Insurance Company of this place. ek hel tun, dis indees. pith the waneasbenee J from performing k which | have | companions, Sir John Panl and Mr. Strahan, were brought | bene Ade in Dy any ‘aggrieved, or if he shalt hy off ous Co Same time SirrStrahan: hod it willbe for the Jury to say whiner | E480 called upon’ to Munderta ‘these clreum. | up fremn Ne and all ‘three stood in the duck aston | diciéaed the same tp any (Eamlastion or dopeaice banecane | ceees gp Ce ng ye ae oF aot the transaction ia brought fully home to Me, | Starces aloe would not oreate the rassment | the is da. Comminaiarere of Bankroptty, inches of water; tho water was brackish; most of the office of the magnetic telegraph, TR! , chap. 29, section 49, whieb pro that for weeks and weeks publicntions have apopeared in The oath mmavebanes a the pcb van wi henkrastar ngnde ation ey made ani | laid up for a night; he left with the first bont with pro- | time the order was filled, bat to_ Mr, or there might be @ deposition in | vi hi Tg pats = Me 3 the papers in which the conduct of these gentlemen has | were called, aad proved the procemis fi order to establish some matier in dixpu "the | verret that sho. was leaking, and. thet the wutet woe | Santos ie ian been strongly arraigned, and every prejudice excited | with a view to show that the Ke of te ptm court withed to have cleared up. But ae the cle Prachiabe ORE PE SY aE eT the a he é ust them in the publis mind. Tt ia the bonst of this | ties was aa ordinary business. transsetio snd”that the | sure” made by the detendants in the Court of tek By the Gefomoe—tThe day after they left the capes the | thetee Shon y coun’ 7 St step preen aceused ie regarded asinno- | proceedings in bemety od constituted a’ disclosure” | ruptey made under circumstances of that kind? In the weather was fair; after that it was heavy until tary tor John M. T and cent until & jury of his countrymen find a verdiet of | within the meaning of the act. first place the ‘‘irclosare”” was not a ilsclowure at ati | ed for ft. Thomas, eeveral of the men could not ander plaintiff, and John H. Gilmer, gully aealont him. Aud yet these gentiemen have now | ” This closed the ome on the part of defendants. of the particular act charged against them. There was | stand orders; the crew was not ft to manage the vessel, | and given ton Jury ford diet against she And for the punishment of emberziemente committed ‘agents entrusted with propar'y, eit eracted, wear If any We. POY. or security for the payment of inoney. sball be entrusted y banker, mereban', br ailorhey, or other agent. Any direction in writiog to apply such ihoney, of ALF part ser eet, or the prow oF any pari of the proceeds of sath Speer. for any purpoes Mind in ssh direct ‘ ‘Violation of good faith. and contrary to { , im any win convert to. hinown use or de and he * such y in for many months brought befsre the bar of pablic The Att then replied at length on the | no disclosure in one of the documents put in t ‘ y OF Br OF ANY part thereof respectively, | OPinion, y appear before you condemned by that | whole case, the pes ties had, Tass, ap opriated 0 theft own. tse renal bot femmig dt be be Ser ange lett inthe inst An oppeal was taker, case = Strader sball be, gully 0 7 4 Jou. are impartially to judge apon | dtr. Baron Alderson then proceeded to sum up the evi- | and translerred to Messrs. Foster & Braithwaite the | hont bat one: MS Seiad in Seen aah ted ing | the highest tribapal i the Commonwealth. —R¥ch- i convicted ; ¢ liable, at the diseretion of he there clreumstances. Jurién are gone- | dence. He raid that before the conciusion of the preven | £5,000 enieb bonde which Dr. Gritith now complained | poise on boetds the mater were cown below at the time mond Whip, a