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13 5,0001. Danish bonds on which the question were thus sold by Sir J. D. Paul, and this before the Court arose, and said the jury would transaction was the subject of the present have to consider whether or not they could charge. There could be no doubt as against reasonably infer that the transactions which Sir J. D. Paul- waiving for a moment the took place in reference to those bonds were question whether the disclosure before the such as from their nature partners in the same Court of Bankruptcy were an answer to the bank must be cognizant of. It had been present charge-ihat a clear offence against prored that those bonds had been purchased the Statute had been committed in disposing for Dr. Griffith and left with the defendants for of these Danish Bonds intrusted to him for safe custody, and they were particularly marked safe custody. This was a clear breach of trust by their amounts, dates, and numbers. It did on his part, which breach of trust in a banker not appear whether Dr. Griffith had ever seen was punishable as a misdemeanor by the 7 & 8 them, but that was not material, for it was not Geo. 4, c. 29. He should not have considered necessary that he should see them in order to it necessary to carry the case any further, but be their owner in point of law. Dr. Griffith evidence had been called to show that the stated tha: he transacted his business almost bonds were sold to Messrs. Rothschild, Cohen, solely with Mr. Bates, and that he never re- and other parties, that these parties received ceived the slightest intimation of any change the dividends upon them, and ihat the defendhaving taken place in the custody of these ants had ceased to have any property whatever bonds, the interest for which he had carried in the bonds thus sold by Foster and Braithto his account every half-year, and that he waite, although the dividends were regularly never gave the defendants any authority to carried to Dr. Griffith's credit. Then the gensell or convert them to their own use. After tleman had been called who negotiated this the application at Bow Street, Mr. Strahan loan, and who proved that every bond had a called on Dr. Griffith, and admitting that some distinct number, the conclusion being that securities had been disposed of, added that it these Danish Bonds were individual things, was the first dishonest act of his life. That which were not to be replaced by other bonds observation, however, referred to the 5,0001. of equal value. There being, then, a clear case Danish Bonds subsequently purchased and against Sir J. D. Paul, unless he had absolved substituted for the original bonds, and not to himself by the disclosure, the next question the bonds mentioned in the present indictment. was whether the other two partners were parMr. Strahan's counsel had told the jury that ties to the transaction. A partner was civilly they must take this statement into considera- responsible for the acts of his copartners. And tion, and conclude from it that Mr. Strahan was why? Because by an agreement between him not cognizant of any previous improper proceed- and his copartner he was constituted an agent ing done by another in reference to the securi- for all acts done in pursuance of the partnerties. However, he (Mr. Baron Alderson) must ship for his copartner. He was therefore citell the jury that they were not bound to believe villy responsible for all acts done, either in the either the whole or any part of the statement presence or absence of his copartner ; but he made by Mr. Strahan on that occasion. They was not responsible, and could not be held remust take it into their fair consideration as one sponsible for any act done by his copartner of the circumstances in the case, and no more. criminally; because no man could constitute Mr. Strahan was certainly incorrect in saying another his agent to do a criminal act without that that was the first fraudulent transaction on his personally desiring him to do it, or acting his part, if he were a party to the transaction with him in carrying it into effect. He was of 1854, unless he salved his conscience over only criminally responsible for the acts of his by the notion that reparation was made for partner, if he personally took part in the transthat which before was a wrong act, and that actions, and therefore the jury would have to the wrong had been removed by the subse look, not merely to the question of whether quent substitution of fresh bonds. It was just Strahan and Bates were partners in the conpossible for persons to take that view of their cern, but also to whether they could be consi. conduct, but the law did not. The jury were dered as being parties to the criminal act of Sir entirely to judge on that matter ; and here he John Dean Paul in selling the bonds in queswould observe that the statements put in for tion. If they were not proved to their satisfacthe purpose of making a “ disclosure” showed tion to have been in a state of what was called that Dr. Griffith had been a loser to a consi- “complicity” with Sir John Dean Paul in the derably larger amount than the 5,0001. Danish act with which he was charged, God forbid that Bonds in question. The cheque for 12,2281., they should be held punishable for his criminal which was paid in bank-notes, was dated conduct. When the jury came to take the case March 16, 1854, which agreed with the iterns into consideration they could not, however, alin Sir J. D. Paul's private account. A clerk of together leave out the circumstance of their Foster and Braithwaite received the bonds from being partners, because, as partners, they Mr. Beattie, and there could be no doubt, from might bave a knowledge of the nature of the the numbers and amounts of the bonds sold, business which was going on, and it was for that among them were those bought by the the jury to say whether, being partners, and firm in 1851 for Dr. Griffith, deposited by having the means of knowing, the circumhim in their hands for safe custody, and safely stances were such as induced them to believe kept by them up to that time. Thesc bonds that the defendants did know and were privy to
the fraudulent transaction which formed the the firm, they were equally guilty of the charge. subject of the present charge. What were the The jury would consider, also, the numerous circumstances which were calculated to lead to opportunities which Strahan and his partners the inference of the guilty complicity of all the had of knowing all these circumstances, and partners? In the first place, there was the yet that no complaint or outcry had been money which was brought to the bank from raised to Dr. Griffith on the subject. With the sale of the bonds by Messrs. Foster and respect to the defendant Bates, the case was, in Braithwaite, and the aggregate amount of some respects, stronger than that of Strahan, which was placed to the credit of the private inasmuch as he was the most active partner in account of Sir John Dean Paul. He would connexion with the firm, and was the person who not contend that it would necessarily follow, most frequently held communication with Dr. but, generally speaking, he thought a partner Griffith. The defendant Strahan might have wouli inquire how, and under what circum- thought that the restoration of the Danish Bonds stances, a sum of 12,000l. or more came to be by others of a similar amount might have satisplaced to the private account of one of his co-fied Dr. Griffith; and so perhaps it would, if the partners. Then, again, they were told that the substituted bonds had been forthcoming. That, securities of Dr. Griffith were kept in the strong however, would have been no answer in point room, and there appeared no reason to doubt of law to the crime of converting them, al. that they were there up to a certain period, though it might perhaps have prevented Dr. after which they could not have been found, Griffith from putting the law in force. The nor were any others substituted for them until last point to which he would refer was one the month of June. Did people never walk which was rather a question for the Court than into their strong rooms, or know what was in for the jury-one with respect to the constructhem, or did they not look after the securities tion of the Act. It was certainly a very singudeposited with them, or were they not presum- larly worded Act, and the framers of it proed to look after the removal of any portion of bably never dreamt that anything would occur these securities? The defendants had the under it like what had arisen in the present means of knowing ; the question was, did they case. The words of the section in the Act make use of those means, and did they know werethe circumstances? Then there was the cir. “And no banker, merchant, broker, factor, cumstance that afterwards the whole of the de- attorney, or other agent, as aforesaid, will be fendants made a statement, or “ disclosure," as liable to be convicted by any evidence whatit was called, in which they spoke of the 5,0001. ever as an offender against this Act in respect Danish Five per Cents. deposited with Messrs. of any act done by him, if he shall at any time Overend, Gurney, and Co., on the 30th of previous to his being convicted for such offence, April, 1855, and followed by 10,0001. Three have disclosed such act on oath, in consequence per Cent. belonging to Dr. Griffith, sold by of any compulsory process of any Court of Messrs. Foster and Braithwaite on the 14th of Law or Equity, in any action, suit, or proceed, March, 1854. But nothing was said of the ing which shall have been bona fide instituted 5,0001. being sold in the first instance. They by any party aggrieved, or if he shall have disstated the fact of a partial sale, but they did closed the same in any examination or deposinot state the whole of it. Did they know the tion before any Commissioners of Bankruptcy." whole transaction, or part only? If they knew Under the Bankruptcy Act the Commissioners the whole, why was it that nothing was said had authority to examine bankrupts after they about the first sale? Or did they think that had made and signed a declaration; or there the substitution of one set of bonds for the might be a deposition in order to establish other took away the fraudulent character of some matter in dispute which the Court wished the first transaction? One part of the case to have cleared up. But, was the "disclosure" was perhaps not so strong against the defend- made by the defendants in the Court of Bankant Bates. He did not state in his examination ruptcy made under circumstances of that kind? that he knew of his own knowledge of the In the first place the “disclosure” was not a sales or deposit of securities, or had anything disclosure at all of the particular act charged to do with them. While the other defendants against them. There was no disclosure in any in their separate examinations spoke of se- one of the documents put in that the parties curities "pledged or converted by me," Bates had in 1854 appropriated to their own use and only spoke of securities “pledged or converted transferred to Messrs. Foster and Braithwaite by any or either of my partners." With re- the 5,0001. Danish bonds which Dr. Griffith gard to Strahan, there was the circumstance now complained of being deprived of. The to be taken into consideration of his statement Danish bonds assigned to Messrs. Overend, to Dr. Griffith, which had been urged as ne. Gurney, and Co., and mentioned in the " disgativing, to some extent, the fact of his know- closure,” were different from those mentioned ledge of the first transaction. This was a cir- in the indictment, and agreed only with them cumstance in the case proper for the considera- in the amount of value. But, could any one tion of the jury. The evidence showed that the suppose that a person, by voluntarily disclosact of selling ihe securities was the act of Sir J. ing, of his own accord, a misdemeanor comD. Paul, but if the jury were satisfied the act mitted by him, could escape the penalty atwas done with the knowledge and consent of tached to that misdemeanor ? Was it to be the other defendants, and for the purposes of imagined that the Parliament would play fast Remarkable Trials.-Selections from Correspondence.
15 and loose with the Criminal Law in such a way, customers to you as bankers, for the purpose first inflicting the penalty of 14 years' trans- of being kept safe for their use, and which you portation on certain offenders and then allowing appropriated, under circumstances of temptathose offenders to acquit themselves from all tion, to your own. A greater and more serious punishment ? Was that proceeding of the offence can hardly be imagined in a great comdefendants before the Court of Bankruptcy a mercial city like this. It tends to shake confiboná fide examination, or any disposition to dence in all persons in the position you occusettle some disputed point which the Court pied, and it has shaken the public confidence required to be satisfied on. There was a rule in establishments like that you for a long pe. of law well known in reference to transactions riod honourably conducted. I do very, very of this description; and he would ask the jury much regret, that it falls to my lot to pass any whether it was their opinion that this was a real sentence on persons in your situation ; but yet and bond fide proceeding in bankruptcy, or the public interests and the public justice rewhether it was not a got up proceeding and quire it; and it is not for me to shrink from sham-a farce prepared to be played in open the discharge of any duty, however painful, Court? He should ask them that question, which properly belongs to my office. I should not that their opinion would ultimately deter- have been very glad if it had pleased God that mine the point, but lest, in event of its being some one else had to discharge that duty. I hereafter discussed, some one should say that have seen (continued the learned Judge, with be ought to have left it to the jury. It was on deep emotion) at least one of you under very that account he wished for their opinion on the different circumstances, sitting at my side in point, though he and his learned brothers near high office, instead of being where you now him entirely agreed in not entertaining any are, and I could scarcely then have fancied to serious doubt at all on the question. It was myself that it would ever come to me to pass now for the jury to take the case into their sentence on you. But so it is, and this is a consideration, and if they believed that the proof, therefore, that we all ought to pray not defendants Mr. Strahan, and Mr. Bates were in to be led into temptation. You have been well complicity with Sir J. Paul in doing the act educated, and held a high position in life, and charged, and that it could not have been done the punishment which must fall on you will without their knowledge and concurrence, they consequently be the more seriously and severely must find all the accused guilty ; but, if they felt by you, and will also greatly affect those deemed the evidence too doubtful to enable connected with you, who will most sensitively them to draw that conclusion, they would, of feel the disgrace of your position. All that I course, give the accused the benefit of the have to say is, that I cannot conceive any worse doubt. If they thought that there was any case of the sort arising under the Act of Pardifference in the cases of the defendants they liament applicable to your offence. Therefore, would, of course, mark by their verdict the as I cannot conceive any worse case under the distinction. He desired nothing more than Act, I can do nothing else but impose the senthat they should come to a just, sound, and tence therein provided for the worst casecandid decision.
namely, the most severe punishment, which is, The jury deliberated together for a few mi- that you be severally transported for 14 years.” putes in their box, and then retired to consider their verdict. After an absence of about 20 minutes they returned and pronounced a ver
SELECTIONS FROM CORREdict of Guilty against all the defendants.
SPONDENCE. Mr. Baron Alderson inquired their opinion of the "disclosure" before the Court of Bankruptcy.
The Foreman replied that the opinion of the jury was that it was no disclosure within the
To the Editor of the Legal Observer. meaning of the Act.
Sır,-Will you kindly find a small space in Mr. Baron Alderson.—You look on it, then, your Journal for the complaints of a poor as a sham affair ?
"guppy," who has the goodwill to do well The Foreman stated that the jury did not and not grumble over much in the situaconsider it a bona fide disclosure.
tion in which it has pleased, &c., to place Mr. Baron Alderson intimated his entire con- him. So actuated, he learned that law lectures currence with the jury in this opinion. were delivered at the Law Institution, and he
A verdict of Guilty was then taken on the hoped by attention to business and frugality to first and third counts, and of Not Guilty on the be enabled to attend them ; but alas for such others.
presumptuous hopes !—he found, on referring Mr. Baron Alderson, after a short pause, to the programme of the lectures, that although proceeded to pronounce the judgment of the being a managing clerk of one of the members Court upon the prisoners in the following of the Institution, he came under the category terms :- William Strahan, Sir John Dean Paul, of strangers; and such being the case he and Robert Makin Bates, the jury have now would be called upon to pay double fees, --arfound you guilty of the offence charged upon ticled clerks of members only paying one-half you in this indictment--the offence of dispos- of the fees in which poor » would be ing of securities which were intrusted by your mulct.
ADMISSION TO THE LAW SOCIETY LEC
TURES OF CLERKS NOT ARTICLED.
Correspondence.—Private Acts. Is this, sir, one of the modes by which the 4. An act for enabling Leases, Sales, Repairs, Profession seek to improve the efficiency of and Improvements to be made of the Estates their clerks? or is the improvement of the of James Walthall Hammond Esquire, despecies of personal chattel denominated "clerk" ceased, and for other purposes, the short Title of no moment? Possibly, their vulgarity be- of which is “Hammond's Estate Act, 1855." twixt the wind and the nobility of the law is 5. An act to authorise Conveyances in Fee not to be endured !--and so they have set or Demises for long Terms of Years, under --what they know full well but too often suc- reserved Rents, of certain Parts of Estates, ceeds, viz,-the golden bar against it. settled by the Will of the late Joseph Livesey
I may, sir, be speaking hastily, and be draw. Esquire deceased. ing my conclusion from false premises, when I 6. An act to enable George William Holmes say that I am afraid there must be deliberation Ross, of Crornarty, Esquire, to revieve the Esin the arrangement; but my excuse lies in the tate of Cromarty' from Burdeus affecting the fact that such a conclusion is allowed to be same, to charge the said Estate with certain drawn.
Family Provisions and with certain Sums of These are times when the intelligence and ef. Money expended in Iinprovements thereon. ficiency of a clerk are of some little importance 7. An act for authorising Mining and other to his employer, and depend upon it he does Leases and Sales and Exchanges to be made the most wisely who markets with intelligence, of the Lands derised by the Will of George and fosters and encourages its growth in the Bray deceased; and for other purposes. humblest.
8. An act for authorising ihe granting of Why should not the Law Institution at least | Building Leases of certain Parts of the Estates put managing clerks of members, who could subject to the Residairy Devise in the Will produce a certificate from their employers that of John Jenkins, late of Saitky Hall in the they were fit and proper persons to be allowed County of Warwick, Esquire, and for appointto attend the Lectures and Library upon the ing new Trustees of the said Wil; and for same footing of payment as articled clerks of other purposes. members ?- I pause for a reply.
9. An act for enabling the Right Honourable B. A. T. William Nevill, Earl of Abergavenny, to grant
Leases of entailed Mines, Minerals, Lands, and [The Council have no authority under the Hereditaments in the County of Monmouth. charter to admit any person to the Library 10. An act to enable the President and except members and their articled clerks, or Scholars of Saint John Baptist College in clerks who have served under articles and are the University of Oxford to grant Building in the office of members. Having expended Giles, Saint Thomas, and Woolvercot, Oxford;
Leases of their Lands in the Parishes of Saint nearly 100,000l. in the land, buildings, library, and for other purposes. &c., the members, on the grant of the last 11. An act for vesting in the Commissioners charter, stipulated for this exclusive right of the Metropolis Turnpike Roads North of the This restriction does not expressly extend to the Will of Edward Harvist to the Brewers' Com
Thames the Lands in Islington devised by the Lectures in the Hall; but the Council have pany, upon trust for the Repair of the Highway deemed it proper to make a distinction between from Tyburn to Edgeworth ; and for dischargarticled clerks and others. The argument of ing the Company from the Trusts of that Will; our Correspondent will, no doubt, be duly Building Leases of those Lands; and for other
and for enabling the Commissioners to grant considered.—Ed. L. 0.]
12. An act to empower the Warden and PRIVATE ACTS.
Scholars of the House and College of Scholars
of Merton in the University of Oxford to sell Printed by the Queen's Printer, and whereof otherwise Saint Cross in the City of Oxford,
certain Lands situate in the Parish of Holywell the Printed Copies may be given in Evidence.
and to lay out the Moneys to arise from such 1. An act for enabling Leases to be made Sale in the Purchase of other Hereditaments. of the Freehold Estates of the late Matthew 13. An act for giving Effect to a Compromise Hill Esquire, and for other purposes.
of certain Suits and Claims affecting the Estates 2. An act to enable the Trustees under the of Josephine Catherine Handcock, Anne Mary Settlement executed on the Marriage of Philip Handcock, and Honoria Handcock, Spinsters, Rideout Hoffe to effect a Sale to Sir Richard deceased, and for vesting the said Estates in Plumptre Glyn, Baronet, of certain Heredita- John Stratford Handcock Esquire, subject to ments situate at Twyford in the Parish of certain charges; and for other purposes. Compton Abbas and County of Dorset, and 14. An act to authorise the granting of for other purposes; and of which the Short Building and other Leases of Estates in the Title is “ Hoffe's Estate Act, 1855.”
Counties of Louth and Armagh, devised by 3. An act for authorising the granting of the Will of the Right Honourable William Mining Leases of Estates subject to the Ŭses Charles Viscount Clermont deceased, and the of the Will of Robert Bell Livesey Esquire, Sale and Exchange of certain Portions of the deceased, and for other purposes.
Estate so devised; and for other purposes.
Private Acts.-Notes of the Week.
15. An act for the future Government, Ma- HER MAJESTY'S JUDGES IN THE RURAL nagement, and Regulation of the Charity of
DISTRICTS. John Marshall, late of Southwark in the County
The Anniversary of the Broadhembury of Surrey, Gentleman, deceased ; and for other Agricultural Association was recently celepurposes.
brated, and the interest of the proceedings was 16. An act for vesting the Freehold and enhanced by the presence of Mr. Baron AlderLeasehold Estates comprised in the residuary son (who was spending the Vacation with his Gifts of the Will of Joseph Halford, Esquire, relative, Mr. Drewe, of the Grange), and Sir deceased, in Trustees, with Powers to sell, ex. John Patteson, who resides in the locality. The change, and lease the same, and to purchase learned baron had the toast of “The Judges of other Lands, to be resettled conformably to Ploughing” confided to him, and he proposed such residuary Gifts.
it in a facetious speech, in the course of which
he alluded to a portly agriculturist namedi Pyle, PRIVATE ACTS, NOT PRINTED.
who was one of the judges, and said that that 17. An act to relieve Sir James Carnegie of worthy gentleman lad a particular claim on Southesk, Kinnaird, and Pittarrow, Baronet, bim, inasmuch as he had told him (the learned from the Effect of the Attainder of James Fifth haron) that he had become “ a judge of the Earl of Southesk and Baron Carnegie of Kin- lavd” 25 years ago at the saine tiine that Mr. naird and Leuchars in Scotland
Baron Alderson had commenced his judicial 18. An act to dissolve the Marriage of llenry | vuties. Farmer Pyls, in responding, rejoiced Newsham Pedder with Emma Pedder his now at the fraternising spirit of the learned baron, Wife, and to enable hiin to marry again ;' ard but said there was a difference between the for other purposes.
two, “and that difference," exclaimed the 19. An act to dissolve the Marriage of Wil- sturdy farmer, slapping his breeches pocket,“ is liam Ewing the younger with Helen Mary Eiv. here." This amusing retort excited considering his now Wife, and to enable him to marry able laughter. From the Morning Chronicle. again ; and for other purposes.
20. An act to dissolve the Marriage of LEGAL COSTUME IN TASMANIA. Arthur Wyndham, Esquire, with Ann Magda
The Colonial Times a Tasınanian paper, states, lene Louisa Wyndham his now Wife, and to enable him to marry again; and for other pur- the Supreme Court of that colony, the Chief
a short time since, after the sittings in banco in poses.
21. An act to dissolve the Marriage of James Justice took the opportunity, so many legal Remington Hudow, Merchant, with Jane gentlemen being present, to express their Menzies his now Wife, and to enable him to Their honours decided that the counsel should
honours' opinion upon the costume of the Bar. marry again; and for other purposes.
22. An act to dissolve the Marriage of Ed- adopt the costume of the English Bar, and of ward Jones with Elizabeth Jones his now Wife, the sister colonies. It was sufficient to observe and to enable him to marry again ; and for that in England., perhaps the most civilised and other purposes.
enlightened country in the world, the costume 23. An act to dissolve the Marriage of Mor- of the Bar was presumed to add to the dignity ton Cornish Sumner, Esquire, with Penelope
of the Court. There was nothing in the cliRubina Maria his now Wife, and to enable the mate here to render it unfit for this colony, and said Morton Cornish Sumner to marry again ;
no reasons seemed to present themselves why and for other purposes therein-mentioned.
it should not be adopted. As the ancient costume had so long fallen into desuetude, their
honours allowed counsel until the first Term NOTES OF THE WEEK.
next year to procure the robes, &c., they re
quired; after which time no motion would be REDUCTION OF THE EXPENSES OF PROSE- allowed to be made by counsel appearing in
other than the recognised costume of the Bar. Our curiosity (says the Taunton Courier) was a little excited by observing sundry long
LAW APPOINTMENTS. faces in the passages leading to the Sessions
Sir Lawrence Peel having intimated his inCourt, and on inquiry we ascertained that it tention to resign the office of Chief Justice of was occasioned by the presence of Mr. Preston, the Supreme Court of Judicature at Calcutta, an official from the 'I'reasury, who has been Sir James Colville has been raised to that office, deputed to visit all Courts of Quarter Sessions and Sir Charles Jackson has been promoted in the West of England, for the purpose of from Bombay to Calcutta as Puisne Judge. cutting down the expenses of prosecutions. The seat on the Bombay Bench vacated by Sir Some of the attorneys and the more practised C. Jackson, has been offered to Sir "l'illiam witnesses are rather opposed to such interference; nevertheless the £ 8. d. man from head - Jeffcott, who now holds the ofice of Recorder quarters stuck steadily to his work in the in. of the Irish Bar, has been appointed to the se
of Singapore; and Richard MacCausland, Esq., dictment office, and during the sessions he cond Recordership, recently created in the appeared to be doing a tolerable amount of Eastern Settlements, namely, that of Prince of business.