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

Newspaper of The New York Herald dated November 24, 1855 Page 2
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TRIAL OF PAUL, STRAHA9 A BATES. A FIRM OF GREAT LONDON SWINDLERS. appropriation OF SECURITIES thk Bimu law aaimst Mmmin. CHARGE OF THE JUDGE. A Baronet and Tw Leading Londoner* Sen tenced to 14 Venn' Transportation. (From the I .onion Tlmea, Oct. 27 and 28.] CINTHAL CRIMINAL COURT? OLD COURT. (XT c# _1 hi* morning having been specially appointed fer tbt- ti ial ?>( eir John Haul and hi* partners, Messrs. Spiral an and Bates, for illegallv disponing of securities to a large amount which had been entrusted to them aa bankers (or aafe custody, the court waa tilled at an early hour by person* anxiou* to hear the proceeding*. Shortly before JO o'clock the defendant*, William Stra ban John Deau 1'aul and Robert Mekin 8atea, surren dered and were placed in the dock. it 10 o'clock the learned Judge*. Mr. Baron Alderaon, Mr Baron Mai tin, and Mr. Justice WiUea, took their ?eats upon the bench. Aldermen J<lr K. W. Carden and Eagteton, Mr. Sheilff Kennedy, und Mr. Under-sheriff Mini' accompanied their Lordahipa. A great number of gentlemen connected with the banking and mercantile ?immunity were alao present. The Attorney General, Mr. Bodkin, and Mr Poland ap peared for the prosecution; Sir F. Theaiger, who waa ape ?tally retained, and Mr. Uallantine appeared for the do fcn< aot btrvlian: Mr. Serjeant By lea and Mr. Hawkins were specially retained to de'end Sir John Paul; and Mr. E. Jamea, tl. C., also specially retained, and Mr. Parry appeared for the defendant Bates. Mr 'leight the deputy Uerk of Arraigns, then read tho tod ctrni nt, which ullegetl that the defendant* had car ried on the business of tankers, and that tn that capuci i. they had been intrusted with cerUin Banish bond* of the value of ? .00, for the purpose of aufe cuatody; and without any authority to pledge, *ell, or negotiate the bond* so intrusted U. them, they had, contrary to good tollb sold and converted them to their own u?e. lit'oiler count* the defendants were charged with having Hold the bond* in mention, and with having n? entitled the in, and they were also charged with con spiring togethe r with the same object. The defendants having pleaded "not guilty,'' The Attorney General then addressed the learned Judge* ami the jury. Ho raid:?I have, ou the p e.e it occa i it, a painful dtt y to discharge in pre*- ing an accu mtn n 11 a very serious character against the defemlants ou this indictment?gentlemen known to most of us. ami who have hitbrrto maintained a high position in anoiety, and a coaracter of uwiucstiouod integrity autl honor, which preveoteil them from being supposed capable of th* vOt rtre with which they aro now charged. The prosom. ?hatge i? 01,0 not only involving penal consequences of grt at magnitude, but also alTec dug the honor ami rharic tor of ih so geiitlvnieu at the bar. You are awaro thai ibe def nduuts < at lied on for some time the business of bankers in tlii* metropolis The flrtn was one of an cicut date; its transactions were largo, aui it enjoyed the confidence of a highly numerous tswlv of customers. Am rg others, the p-tuent prosecutor, Dr Griffith, Pre bendary of Kochoster, opened an account with the then firm of ?now, Paul .V Co., iu 1830. in 18*8 Scow retired, and the present Goleudiats, Strahan ami Bates, Jo ned the firm. Kubseq .cntly Mr J. I). Paul, the father of the do tom an'. (Mr J. P. Paul) died, and frura that period the business has been conducted by the three defendant*. Dr. Griffith continued the acc unt ho had opened wi h the fitm of Snow, Paul & Cx, in 18-10 until the transaction* now the subject of inquiry occn rod. Hit was a gentlemen .f g,eat tortune and character, anil employed the defendants, a* bunkers, to invest money for him front time to time in public and for< Ign securities. The pit-sent iuquiiy relates to some of there securities, fraudulently disposed of by the defendants, iu contrnvon tion of the statute which makes it penal to dispose of se curities 1 laced in their hands for safe custody. Among these seem Hie* were certain bonds issued by the Dauish government, bearing interest at the rate of live per ce i'; ?nd I will confine my present observations fntirelyto those securities, as they form the subject of the present inquiry. It seeir.a that on three several occasions Or. Griffith employed the defendants to invest money lor hint in these Danish five per cent b in t*. in 1819 the Danish government raised a loan and issued bonds as security to the persons advancing money. In January, 1860, Dr Griffith instructed the defendants to Invett for him hi these Danish five per cent bonds the Bum of ?2,000. Whether he gave a written order on that occasion is un certain, though probably he did. Ho had, nowever, no distinct recol sction of that clrcuinstauce, and no order ; a??a been found; but no'ntng turns on thai point?for It to quite clear that he gave authority to make the pur chase. Accordingly, a stockbroker iu the city did pur chase, on b-half ot Dr. Griffith, 1h .t amount, the boml vrere bought on the 2d of February, i860, an l were after wards de ivered at the bank of the '. 'fondant*. They were five bonds ot ?4flu each, aud were numbered .170, tt'A). MS 46" uliI 468. Wh. Giitlith was forthwith debited lit fits'bonk* of the bank with a sum of ?2,002 10?, which was the amount paid, including the outuuiisai'.n for the 'bonds so bought. The next transaction wus In tho mouth ef Auiil of the same year, whsn Dr. Griffith author toed the defendants to Invest another sum of ?1 001 la the same securities. f>n that occasion the defond ints gave the order to Messrs. Sims and Htil. s'ock brokers, nod accordingly the latter hum!" the purchase and sent it to tbedetendants' banking house in one bond. The num ber of this bond wss 87. and th* defendants debi'ed th" prosecutor in lh? ltooks of the bank to the amouu'. o! ?jjj8 15,,, Th-ir third transaction was iu 1861, at on that occasion it is quite clear that a writ on order was C" en by l>r. Griffith to the defendant*. That has been nd aud it is an order desiring tho delbudanto to invos' ?2 000 in the same securities a* before mentioned. The de&udants thereupon again instructed Messrs. sin* and Bill to purchase the amount, ami the latter did so on the lOth of April, and forwarded the bonds on thoilitli toth? banking bouse. The bouts consisted of two of ?100 each, numbered 420 and 673; two of ?300 cacti, number ed 793 and 794; and six of ?100. numbcted 067, 059, WO, Ml 662 and ?ti3. For this purchase the prosecutor w.i debiled in the bank hooka of the defendants ?2 0u7 10s. Itott several bonds wete purchased by the defendants through 'he brokers on these three s< vernl occasions by (be express authority of l)r. Griffith. 'Hie defendants r galarly receivetl the dividend* on these bonds as thoy be came due, and ciedited iu their hook* Dr. Griffith w*i it Uwrn. They received the dividend* from time to time, and crititlinied to do *o until the 1st of March, 1854. It appears tha*. at that time the firm of Sttahsn k Go- lrid gottn'o certain difficulties, and had recourse to tho d'< perate and guilty exeodleut of resorting to the securities they held in their hunda belonging to their customers, fee the purpose of raising money to meet the n?ce*-i fie* of the hour. 11 appears that In the course ot March. 1864, Mr J. l'aul applied to a geatle.rran of tlm name of Beat lie, secretary to a company called the Na tional lnsuiance torop?ny, to advance a sum of m-ncy an behall of the company iu respect of ?ud on the faith of these bond". Mr. Heartie, however, answered that the ?eoipany did not advance money on such securities, upon which fir J. l'aul asked him it h* would dl*po e of so ne of there securities iu order to raise the money. Mr. Benttte consented to this transaction and took some ?f m MctiritleH from ^lr J. Pa*?1 umi p'ac?d thou in Ike hand* of Messrs. Foster A lhatlhwalte, brok. t in (be city, lor the purpose of sale. Amrng these -cu ritles were the very benos, the numbers of which I have enumerated, and which constituted security f?r ?6 000. These were pieced by Mr. Iteaitlo in the heads of Messrs. Foster .V Btsi h nt'e anl were sold (M the following day, the U'tb f Ma -h. M?"*r*. Faster A Bralthwsite gave rhe:r creek tor the ?mount of the sale to Mr. Heattie, tuclud . g in It the mm of ?4,793 13s. fid. fi r the Danish bond*. The check being crossed, Mr. Henrtie was unable to get It hnraedi ately cashed, to hand over the proceeds to Mr. J. l'aul. bat he paid the check lu'ohl* bankers. .a*w*'l as another ?beck he h?>'. r<ceived at t'.re *a' ?> ti.-o, .it account ot proceed* from other securities n ?; - ?? cent 1 with t.dr investigar ion. He then diow it check > n hi* b inker* iu tovor of Sir J. l'aul, and gave It to Sir J. Haul. There M> doutd but Mr J. l'aul received the money . n acc tun wf that check, and made it availahte for the pnrpose* ot (be fitm. "Ihtrefote so far as Sir J. 1'aul is cmicatme'. (bare can be no question of hi' Con plicltv in Die gutl'y trans*rtion if misripplvlug the securities which had keen dep??f*d with him for safe ke-prog. It will be ?A. perfectly clear by the evl len -e thai Sir J. l'aul anl bto partner had no authority, direct or indirect, front Dr. Griffith to sell or othcrwl-e dispose of these secttrl fie*. They bad been deposited in their bund* as b .or the banker of Dr. Grillt'b, for ?*fe custody. N'evertli lews Hlr J. Paul did dlspo-e of them, and carried the pro ?end's, not to Dr. Griffith's account but to his own tt<e. Therefore, to far a> Fir J. I'r.ul I* C'.noo.ued, the case 1* suite clear against him. With regard t the other two Attendants, what wa* the state of their knmwl* Ig* of the tmncarttonr That inu't tie shown by 'dher evi tenc*. ThU it an sac t ion took plscc tn Match, 1?? I, and In the Month ot June in this ytar the embarrassment* of ihe llrin became so great that It wa* Impossible for It t > g> on. It accordingly stopped ?nd became bankrupt On heir ing this, Dr. Griffith, who had at the time ?22,'*tO Wot'h of securities In their hand*, became cmatderabty alarm*I. and imme'listely put himself in communication with the offl?ial assignee, and asked what had become of life securities. The official assignee proeeetlwl to th hanking house, and inquired about them, lie Wa* t'd ! by Mr. ctrahsn. tn tit* pieseri?f of Mr. Bite*, that th McuriUa* wer? either sold or pledg*l. He then nske whether in any book the eecu'ltbw of the customer were ree trdsd an ' Mr ,-trahan and Mr. Bstee looked a mm aiw.ther, and he got no answer. Shirlly afterward fir. Htralian procee?i*d to -ee Dr. Griffith, who, In tits meantime, bad lalda criminal Information ag*ln?t the partner*. Mr. Htralian aeknowlstgsd fully that the se entities had been disposed of wtlli Ids knowledge and co opeiation, bat urged most anilou-ty on Dr. Griffith t forego Oris piosec ition, and not to ?dop* anvlbing like ?iimlnal proceeding. It. Griffith olisetre-l that he Ua ? public duty to |>erfiirm. anl that, h 'trevsr unalllin be might feel to act hostllely toward* g-n'lem'tn wl'h whom he ba<i been acquainted, to' had no sl'ernative bat to euforce the aj'P icatlou of the law agaiU' t them. Dm Jary will bear the details of the conversation wUl-t passed.with Dr. Griffith, which Will I 'ave no doubt on their minds that Mr. strahan thoroughly notnblrto l wiAlt Mr J l'aul in this transaction. In lact. the ohje. t was to raise m< ttey to meet the necessities of the liank an I therefor*. It will not be straining the evidence at all to sap that a hat was thine wa* done with the c ?neurfnee of Mr. Strahan and It will be for the Jury to -ay wtwlisr or not the transaction i? brought fully home to Mr. Hales. The defendant* are Indicted und" th* 7th and fith "i George IV., chap. -V, section 49, whleb provide-:? And foe the itunlshmrtti of ambergtemeuU tvimmt'te-l by tutq with prop#rty. h# ll ?rioAH. tkA' If irtf i*V> Wy. Br i?4 ibrtty tor Qir p*ymnut ?t mon?.y *h*H Nl ?ntfu^Bd Ro bmj bAftkor. morcbunt, )?r?Ji?*r. ?U??moy. or otiior A4M>t. Wtth any fttroc^in In nrWr.R to roth nvmoy, or Any pAf\ flborror, or th* proved* (W nny j ati of th* pr< of ?a5h ?t?afity. for any pnrpo^ \n -iich d\r*. i?on. Mi<l ho 4nll to rtototmh t* good fAitJi An?l *nn*r%ry ?o th* pnrp<i?* Md, ?n Any mororl to hhtotrnu-Aor R ich - h nLpTOT^1". '* ?nf P?" thereof reapw-Urely. ? Ml) **eh Oftcndei .hall be gmliy of a inisUewieannr And. Tfirtg convicted iherrof, (toll be liable, at k? di SfXSVtS or any power oI attorney. for tike sale or transfer of any shore oriotereat In any public n'oek or fund, whether of ibis Mug Greai brlleln, or of Ireland, or ol'aay foreign stale, or hi any toad of any body wrporate, company, or Miewty, (hall be entruated to any banker, merehaal, broker, attorney, or oilier agent for safe custody, or for any ipectai purpose, without any authority to sell, negotiate, transfer, or pledge, and lie shall, In violation of good faith, and contrary to the object or purpose for which such aha'tel aecurlty, or power of attorney ?hall have been entruated to him, aell, negotiate, transfer, cr pledge, or In any manner convert to hia own uae or benefit aurh chattel, or aecurlty. or the proceeds of the name, or an1 part thereof, or ahare or Interact in the stock or fund to which aurh power of attorney ahall relate, or any part thereof every such offender shall be guilty of a ut'sdemtauor and be ing convloird iberet', ?hall be liable, at ihe discretion of1 the ( curl, lo any of Ihe punishments which the Court may award an hereinbefore laat mentioned. ' 1 shall show that the e securities were purchased by the direction of IIr. Griffith, with hia money; that they were left for sale etiatody in the hand* of hie bankers and that they were dj*po*ed of, wi'h the knowledge, un.loubt ?r ".LI."" ?r.t?e defendant a, without the authority of Dr. Grlflith, aud that the proceeds were applied in Mueh a wajr #h brought ihe transaction within the tcrma of the statute he had referred to. Theae facta I ahall prove di? tinctly, and 1 am at a Iom to know in what way they can be met cn the part of the defendant*. It haa been aug geated that the defendant* by diacl'>slng in an examina tion before ihe f'ourt of Bankruptcy all theae circum stance*, may avail thtm^elve* of the tertna of another section of the statute, which enact#-? That nothlrg in tbi* act contained, nor any proceeding, con vicijon, or jud?m#*ijt to be bad or taken thereupon against aiiy hanker, merchant broker, factor, attorney, or other agent a. aforesaid, "hall prevent, lessen, or impeach any remedy at lew or In equity which any party aggrieved by any euoh offence might or would have had If thia acl bad nsi been passed- but ceve'lhclest, the conviction <>r any auoh offender shall not be ret el vi d In evidence In any action at law or suit tn equity against him; and no hanker, broker, merchant, faotor atior re.v, or oiher agent as aforeaalc. shall ?'e liable to be convicted by any evidence whttlever as an offender against this aet in !?*rcctof any ec: done hv him, if he shall at any time prevl oualy to hia being Indlo'ed ror such nflvtice have disclosed such act, on oath in con-equcncc of auy compulsory process of anv -mm. fclHr'sor <,L,u"y v'n *"/, ':',ton- "?"? or prooeisllng, 7 /ball hftve been hotia fide Inntltutod by any party Ag grieved or if he shall have diwoeed the same in anv exaral nation or deposition before uny Commissioners of Bankruptcy. It is true tiiat there were proceeding* in bankruptcy, and ibat some disclosure* wore made by one of the defendants, or perhaps by the whole of them : but I believe that thate will be very little difficulty in showing that, whatever took place in the Court of Bankrupt cy was done by concert and connivance. It Wts uot a compulsory proceeding, but was 1 e.rort ed to purposely with the view that the defendants might avail themselves of a particular section in th? act of Pantament ieierrfd to. The Becnriri*N In question were sold in March, 1864, and after that, If I am not mi t ir formed, the defendants bought other securities, with a view to replace those they had disposed of and at a subse quent period, shortly belore stopping, they disposed ;ur. in of the new securities so purchase-), not to the persons tliey hold at Hrpt to, but to other peiHon*. Now, the dirt posal of there Utter securities, to which the disclosuro In the Court of Bankruptcy referred, is not the occasion of the present charge sgsinst the ilofendau's. I know no thing that they may subsequently have done that is at all binding on Dr. Griffith. That gentleman authoiize-1 and ' nti lister iLcm to purchase and keep specilic securities with specific numbers, and It It for getting rid of those >?ecuntie;# without hi# Authority, and oonyortinff tho pro cecds to their own use, that thi-y ate now charged. With respect to other securities which they rosy Lave pur chased subsequently I know Dnthing; and I believe, there fore, that this defence, ilgone into, will fail. Having now stated the principal features of the case, I feel It is not ircumbent on me upon the present occasion to say one "ingle word which would tend to aggravato the posi tion id the defen'ian ts, or which would operate to their pre judice. 1 sha'l simply ptoceed to prove Iho tacts I have stutod, and I do uot believe tluit, either on the merits or law ol the ci-e, there can be auy answer to the charge. Dr. Britlith, who was then called, said;?I am one ot the canoBs of Roches er; I kept an account villi tlio mm of the defendants from i-'optember, 18 o, at that time the title of the tlrm was Snow, l'aul & l'aul- it wis afterwards changed to Snow, l'aul, l'aul & iki'tos- ami up- n the death of tuo late Sir John l'aul, In 1863 it was changed to S'rahan, Paul & Bates; I was In the habit ot employing the defendants to make investments for me ami I believe in 18501 directed them to invest ?2.000 in lisr-iah five j*?r Pent Bonds, and I was debited on the 4th of 1-ehrnary in my passbook with the p.ice paid lor th? m, ?2,000 odd; I received a "bought" note ot the transaction; on the 18th of April, 1660, I instructed the defendants to purchase ?1 000 worth more of the same stock, at d was debited with the price, .Cf68 15s., in my passoook; in April, 1861, Jgave tho del.-unaits a further order to purchase similar stork to the nmount ol ?2,000 J did this on the postscript of a le'ter I sent to the defendants; I was debited with the sum of ?2,037 10s as the urice of these bonds. The whole of them amounted to the sum of ?5,000 in the Danish bonds, which the prirouers were author toed to toko charge of for me; 1 don't think I ever saw these particular bonis or made any inquiries respecting them; I remember having a conversation with Mr. lia'e* ujton the subject ot the.-o bonds and my other securities since tliey were purchased, and ho told me that they wore quite secure and sale in their custody, and ou the 28th of April, 1855. 1 asked the defendant Bates particularly levpectlar the Jamah bonds, and l< Id Mr. Bates that they had received the diviionds ou the I unlsh bonds, but not the intciest upon si.me gas shares, which wits then due; Mr. Bates said that the m erest had lieen received, but was not wt carried to my account; Mr. Stmhnn was present wh"n this convevsa'.iim took pbtce; "he interest upon tho 1 tush bonds was regularly passe.1 to my account down to March, 1856; 1 never at any time gave the defendants authority, directly nr indlrtctly, to sell, transfer, plo.tg.. or in uny manner convert these securities to their own use ami there was no plea nor pretext by which Utey cot,Id consider themselves authorized to make use of them; my balance tvus always larger, I lxdiovo, than was piudtnt: the total amount of my securitie . they ought to r"7o, o r" " 'r '"""Is at 1,18 M"18 ot tho failure was ri.*' . *'"* ,n lx)ll<,ou when the (Blliculties of the house beanie nppaimt, nnd I put the u alter into the hands of my solMtor, and warrant* were applied for at Bow street against the deftBiants; application had been made ui the bank relating to my securities, but we could get no satis ? factory Inf.omutton, and ttie defendant strahan eventually caiJeu upon inc. l wo of hia ti lends had -eon me e o e hi . ante. Mr. Ptiuliao's tlrat observation ' .> o. - ? I am turpi Bed to hear that you could obtain u'u i.tor-o ton at ihe hank inipecting your securities. 1 and nn . t-tner were there constantly to give whatever information migli' to- required." I considered thia related to something no beard. Mr. Stiahan then stated 'hat they wore en gage i day ane night in making up their accounts, and if I piot-cedcd with the legal measure.. I had announced' it ,Won id l.e very detrimental to tiro creditors at large, and particularly to myself, for the secuiities had been so disposed ot that there was no posslbili-y of my rreovenng anything of them, whereas, if I abstained from these pro r. ouii.gs, there was a good prospect ol mv having thei, n placed or repaid, a* bath he and Sir John l'aul had ??. expectations of receiving money hereafter, oy *ecutitiea of mlno might he ,watered. He a'dtd that tliey ),ad prepared notes of hand for me in Ce?e I should have called at the bank. Mr S'rahan proceeded to >?y that my securiiies had " , ,n. y -v,r John l'aul himself to the city and placed in the hands ol either Overond und Co. or Buinand k Co., he could not tell which. He also said that fir John Paul was not alone to bUnia, that he blmseM whs e.n.aUy t? blame and equally responsible, inasmuch as it was done w lttihi* full knoW ledge and c.m-ent, and that he had given him the securl ii'i' \ then said, -'I assure you this is the first dI?hont-sl act of my life, 1 never eelore defrauded anv man of sixpence;" I asked him when this happened; he sai.l about mx we?k* ago, and adde.1 that the securities s? disposed ot amounttd In value to nearly ?100 000 an 1 nty seculilies sere ty lar the largest amount li'el.in'gtng to ? ne | erson that hnd heen so tUspMed of to Mes-rs. leppercorn, the brokers, who generally den It In them! He said he nelivvml seme ot them might have I .eon; I ask ed him, ?l-o whether my securities find been kept lo my box that y as at the Iwok? He replied tb?t tfi.-y were not. but they were kept with ether seen titles of a 'imiUr nature, but In ? parcel tied up by themselves, with my nan-e affixed to it, ,n a strong ro.,m. he then again urged upon me tlio impolicy of iny proceeding, stating that tua ;,y ?;f"7" \ wbo had beer, similarly situated to myself, bad been very kind to them, and Pegged that I would abandon proceedings; he adde 1 that he kuew that writs had heen issued; my reply was that 1 was not ac tuated by ap. vindictive ling, hut that 1 felt I bad I duty to (H-i form to the public, and that I would not all ,,r to grievous an offence to be pawed ovv, and I ic-tned hini tomj By fir F.Tbealger?I never saw the Danish binds at any time; I cannot auy whether they are neearittei thu* pass from hsml to hand without a-sigr.iueut the divi dends were javable iu March and .September; t h ivo stated accurttefy the convemation rhat t.s.k plac- l,e tween me sud Mr. Strahan, but I may hare omitte-l something 'hat occurred, I made a memorandum at th ? time which ha*assisted my memory; I had only two i?. tervi. ws With Mr. Strahan; I generally transacted my blinking business with Mr. Bates. Hy tto-Jeant Hyl"*?I hid a key ol the box at th* bank, and the defendant* had a key also. ?.BiT of ~P"' R" were not mUapproprl Bt.d; th. bank hail nothing to do with them; tt.ey w.re in thepo.-e.s on of a r lend, and I ha,e never seen th- n. Tte purchase aad dlsp.Mil of the Danish seeorl'i-', was then proved hy the rvtdence of tho brokers and otbsr> concerned In n?e trHrmactlon, and I.JseVithm111*7 (ie"eral U,i" "*< ">'? ease for the heiel'lf'' V'uT' 0D of S,r'4,"in wo-1 Mr. James on Ml'i. me but I"' m? f'"-? "oD.uli -m the ground of enough te'.onu.l1?*r,0n tho"*ht th'r" was eyidsnce enmign go lo a jury. Sir F. Iheeiger then rose to address the jury in defease of Htiahan. He said ?May It pleaeeyour Imrdshlps sn ' gs-uth men of the Jury. I ri*e to address you under feaUngs 0 gre.',, pain and anxiety thsn I ever experienced on a shi.il.ar <?vw*ion before, and that pain and anxiety have n. I beeo lessened by an obsswvatlou wbi-h was mad., by -me ol your l/.rdshlps lnrep y h.au application whlch l felt il my duty to make on twhall of Mr. trtrahin with re feicr.ee to the position of the rasa n-w thai the evidence tor the prosecution is close 1. My learned friend the At lotrej General, with that feeling and forbea'aneo ,D the conduct of the prosecution which invariably obara.-terise him. has told y. u that the gentlemen now before you Pave Tor many years maintained a high position in *,e eiepr, and * character of the highest honor and in.egritr 1 f.-rget tt.e |Mwition of Mr. Htraoan, p .sv-<?e,l..ir Wealth and station, reepected Ivy numerous fri-ads, sur nmn. e.1 by ?n affectlonat* family, aud when i c mtrost that former positl n with his appearance hod ay | ij Sin H?rf">'n"'f?ll "to f?.k which'I have ? t^ J. ihn,,,"'r' \?. "n',*r1*1"- ?>'? Ibeee elrenni wto? * i r"uM nr,t orrMtf ,h* ??hnrras-oient " '? "J mind in unrfortaUiw th* do (I ai r J Is''"" l;m,n- ' n"^ lMenaiMe to the f?ct J, for "Jd weeks publications hsrw aporwa-ed in ""'o-rtuct ol tbe*o genUecusa ha* .Uoogly HtfuigDo.!, Artdf *v?*rr pr#judic# ex? it?>d ** u" vh1T M ; '-hU " U ,h? hoast tof tK c uiitty tiiat ? f? iy % i u*4< I rFffArtlttf) inh.. guilt/ against him. And yet th*? gentlemen hav* now been for many m-nths brought her .r? th* bar of puhhc opinion. They appear U-f re y,? ndemnol by thit I Vriee sod ,re WpP".ed imparttoHv ?? jmlgi their c#?e undw the.* efrcum 'aoce- .f,rie? ar? gene- ' "V' di"miM entirely from their mlndi allthat they have heard txfcrv they Mumbled <n anv'ldea I *" wtU.r'' when ono# gy.fy * ?.P'alPB *"* obtained admission into the li u ?Md> th? *g(>rt*?<????? ?*^ CflJrr,fll 14 ??? moij tirmljr there. What I ask ??. ??JL ?r.'?U U1 ?h?tyon will clearly dlMrtmi ? r5??'"JOM Jna h*"" "<*'?*? from the thai w tt*1 he** edvwrtod, and the eyideuee Ti,1 n?w ??rtwd on oath and npon which aldtoe yon wll haveto determine tke guiltor inno eenee of theae parties. I do aak, an" 1 do expect, ?hi ?.* ?#*F that simply aa an act of justice which, if it were your mLiftirtune to stand in a similar poeitoto, yon would expect to be done to you. ?i?n.?'neil'i'VUrt t^1' when ' ^ r?tr attention and that of my lords to tee charge against Mr. Strahan, and to the eyldence which has been brought to establish that charge, whatever hasty impression you may have taken up?whatever opinion you have conceived on a partial view ot the circumstance*? will be removed by a careful and considerate Judgment upon the iactt that have been submitted te vou. If 1 only succeed in placing clearly and intelligibly beforeyou the position of Mr. Strahan in this case, an it is proved in the evidence, I am under no apprehension whatever that impartial Jnatice will not he administered to him. Gentlemen, I kin not here for one moment to deny that In the month of April, 1855, Mr Strahan did, unhappily, in a moment of pressure ?gr?e lo apply certain securities of his customers for theTur p<ne ol itlhvlng the necessities of the bank at that pres sing moment. I am not here for one moment to justify sueh an act. It is not the act into which you ure to in quire, but it may, and perhaps must, croate a prejudice in your minds; and I am anxious to warn you against ul MU -8,14 Proper influence upon you It is most lamentable to think ibat a gentleman who had - long maintained a character for hi nor and integrity should have fallen away in a moment < f temp'aUou. ft Is the "S s MnTJ illustration of that solemn warning which cannot he repeal*! too often?" Get him thai , .u r" ",*oU^h '?k* heed lest he fall.'' It re quires the labour of a whole Ufe to huUd up a character for honour and vlitue, which in one fatal and ungnaroed moment may be entirely destroyed. Although, therefore, tnnsSfu^."^" WU? Mr- 8tr?hin Was unTor' tunately a party In 1856 yet the case which you are nov ccmide.ing against hhu is the charge of having mls-ap piopiialed the property of his customers in March 185 i and I pray your attention to tee evidence upon which it is sought to flx him with that act. The learned counsel procceted to say that the Indictment contained various countsapplicable to the appropriation of Dr. Griffith'* bonds in tho year 1864. An observation had dropped friui one ot the learned judges calculated to convey an en. neons impression with iigard to the act of one pan ner criminally affecting another. Although it was true that in civil proceeolrmgjm a.t of one partner affected another, yet he woulOeclaio with the utmost c - li cence that if lhis were declared to Ik) the law In crimi ral cases it would be the first time that such a document had ever been promulgated from tho bench in anv J' ' li#h court of juM ice. J 6 tor. Iiaron Aldareon intimated that no itioh opini n hud fallen finm him. MrF. lheslger would briefly eaU the attention of the jury to the state of the law previously t > the passing of the act of the 7th and 8t.h ol George JV., chap. 29. In the year 1812, if a hanker or ageut of aoy descripl i, having the property of a customer Intrusted to Lira mis appropriated or converted it to his own use ue was not guilty or any criminal act, although ho was responsible to his principal or customer upon any ci?U proceellng This great detect in the law was not discovered mull out Welch, a stockbroker, sold out certain stock belonging to HrK.llun.er, Master of the Bolls, \V< loh applied t e produce ot the Mile to his owi^gsse. aud absconded II wos tried and was lound not guilty of u criminal offence An act ol i arhument was therefore pussed by which un\ hanki r or sgent who should sell ami appropriate to br - own use the securities of his customers, without thei authority, was liable to a conviction for misdemeanor A clause wus introduced into the act that tho petaltv ancextd should uot extend to auy partner or partner s ui liss such paitner or partners should commit or li privy to such offence. Another act afterwards passed t,. make factors who should pledge the goods of their uriii cipnls answerable in a criminal proceeding. This and the pitvious statute were embodiei in ihe 7th and 8th of George IV.. chap. 28, which applied both hi brokers and tact,us. \V hat. the jury had to decile?apart from all preju dice and influence exercised by the puhfic pi-ess, and apart ""7 ling which they might entertain of ihe im propriety and immorality of Mr. Stiuban's conduct in 1866- fir, whether thcie exls ed sufficient proof that Mr. Ptrahan wna privy to the act of .selling the bonds in question by boater und Bra liiwaile in Murch, 1854 Ho was unxious, In defending Mr. Stralmn, not to prejudice by any ohsei vations of his, the case of the other defend ants, hut he was necessarily compelled to advert (o iho TV6 1*k*f !;i.r J'J!>? l'?ul with respect to the sale of the bonds at tho time he had mentioned. It was perfectly clear that no othtr of the pnrtners except Sir J. I). Paul interfered to procure the sale of the Banish Bonds ov Teeter und Breithwaite. Sir J. I). Paul applie.1 to Mr Btatlie for a loan from the National Assurance Society, and when Mr. Beatlie stated that his company were not in I he habit of advancing money npon foreign s?cuii>lc, he entreated Mr. Beattte to Ciapooe of theui. No doubt ,, ,V?rJ now 'n court were sold by Foster aud Braithwalte, and that a check tor ?12,281, drawn by Mr. Beat tie. and paid in liank notes, was received liv Sir J. I). 1 eul himself: Thu, sum was nut traced alter Us rer*li>' ' i .v L l hut, even supposing he entered this sum in the books ot the bank to ihe credit of tire firm that would not be proof in a ciiroiual proceeding that Mr. -tial an. or the other parties, were pi ivy to the act. be cause there waa nothug to Indicare wi.at lbs nator ? nL.lv * "-. ??'! the fact of the credit c ruin only be known alter the act bad been done. The money could not have been received until after the act char . 1 ad brcn done, and the u ere knowledge of the creJit ui 'n the act The jury were te fMlnwu"?? <h U|i?" erlminul charge winch mlgh' be l< lloutd by the most serious consequences, and thev ?ere not lo assume without any proof that Mr. Strahsij must have had a knowlerlge of thU tran-action. Kverv Hir'firf' if' *b,en?? Ofauch kntiwler'ge or, bii-part. The ..6.0(0 of Pauislr five per cent b rails b 1864 in Jiinw' it*" disposed of in March it v h \ 'ktr.ouut of Ininl ;h bom's *Pahan A Vn if & '"r ?nd a?"V?red to MrahanAlo. 'Ihere uas t,o doubt that the dividend PGmfu* 1'rfrel'"' ''.v Ntrahan Ar Co. fur Dr. Gtiffith and that b? was creoited wt h the dividends in Iris passbook in September, ls'iW. and March, 1866. I l.e - W?s nothing' to lead the juiy to believe that Mr. Straha.. was in he lightest dearie aware of tho disposal of the t,f fiejtnth, and the substitution ol hose bores en which the dividend had been Li ? i ii n','W came to the conversations upon winch his learned friend relied to fix Mr Strn ,bn K<l,lty knowledge of the traosic ten " .1864 Dr. Griffith asked Mr. Ntralran about his ,^.r- s'r?han said they had been taken iui<. lt,rC.iyi *!, . 0vnr'Dd,'', or Burnand s. It wa ft Ii f i * "''Hi could not apply *o th* Halt* <>t u"nds ln 186f- tein toM Dr Gilfllth, ''I assure you it Is the first di-honost act of rov h i . . a mtD ?nd Ire added tl,a' . r a*?- 1,ut hU '"krucd friend w . using this confession of a dishonest act in 1866 11 affec' Mr. f-traluin upon a charge of disposing ot bouds in 185J frf lMk it wtrehan were a part, to the transaction of 1864, It was an equally dluhonest net with that of 1855 Mr. Striibsn said nothing about 1864, hut he ahl, "lhi. is the Hist dishonest act ol my life, ami It w.ia done ai r rhttw'rT' Wl,b rftipMt l" thp evidence of Mr. Beli that gentleman was not very clear |n hl? reeollectlou- liu be would ask the jury in charity to enn-ider, if Mr so d nT r y "a ,at ,he "'cwBies were pawned aeld, that he was auplying his observations lo the onlv transaction within his knowledge?namely th?f of tJ.e Sa??d'te/whotorf th* prT"t J""r- H" let '"ul s ated the whole of toe eviuknee on which the jury ooulc be cahed criminally to convict Mr. Strahan on this-m i ^nteed te SET*" ifthp "ub,,r ?"Vu!'dT!r olrected to this case with a great deal of r uriosi'. they would not have heard of Ihere being nnv case u sudi evidence to fix Mr. Sl.aban wlth sny paruHoa' thin in the guilt of th|H transaelirm. Uith on the ?d nn rW "g 1b! "f the'er socurllie und ou the counth of cntiHpiincy to iiledffe Ihcm hi* maintained that^there was ni evi.fence CSt M^tra! han The learned gentleman tlien retc-red to the di closure made br Mr. Strahan before the Cut of Bank luptcy, which, be said, had br>en made faithfully by the gentleman n ros,sct to all the circumstance,, witbU hU nwn kr.ovle. ge Berore 1812 this micppli^, bunkers or other'agents of tee pru^rty o/th. Ir ndn J. pais was only subject to civil procsedinw ,n.U ?imtna. act u.til1 muds b> ^ e'vf.ert.Tn8" ! w provision had been er,i?,gel ,.n? exfaruhd by aubseqni nt enae'inents providing nt he asme Hme b.t where a peraon had S!ade eerVu die ClotttllCll under COIi?pulf*r?rv nror?>sM in M r . , shoe Id not be indie, able Jn fh^luSt The' ?f.h*' 'a 8th Of George it eniar-d tho ,sWtaH .rel exl'^l^". to the case of examinations tutors the Vvimmisaioners for K?rikiiip cy. I-i?ni something that fell froro the Alto ney Gn.eral, he was Inclined to believe thaThte lo?r?.i frie.ul meant to say .hat thi. rM-elo.u.-e on , be baokrunts was vcluntary and not compulsory ..d therefore, the* the art did not apply. He thoi.^ft V i K*:.r7::,:;L?r?? he knew nothi.g but the pl..,lg|,1)f ,?'jJ. (f^{ 1 rends to Mesrw. (her cud GurncyATo. lnADrn^8A* and the whole ot bis disclosure Amnuuted't hL Hon clear that he was ignorant of anv re^^... , ?n'lr:' ? ,0.i with respect to tlfce isrn ls. ^rw s.rrhtest evldrnce of the rartisipetion of Mr strLh ^ the transactions ?f 1864. If tCn Mr ".V i a not I. leg more than the trwnsar-ion jg^, ba", dlsclos.d that lully, then he would re rigbtlv 'enMil.a U.it d? 1 ucc, whir It h<* mivlit une as * *hi*M tur*\' ?h* present aseauh on him. With respect to ?l e I ' r,-unfa, he maintained that suppoMrur the rl.fenH ?! T Meved by the dtecteaurM they m?.Ie^rim r"; any criminal act, they eould'not 1- rendered liahteT '? a conspiracy to do that act. In eonot?i,i?? .?,? a ,, and l.-arned genltemM nrmZtlTZrt S3'? ,^r ti.e Jury tn look carefully at" Z'S apart from all prejudice*, to eon-ide, what it was thl waa charged against the panics ?? thi( thal was th<' i r rioDtP MTiiin-t Mr NtrthAn a ?' pres-ed Uie m -et entire confide,.oe h*r oc ord?n? m ,hX first principles of the criminal law, ?.|mteute^| hi tela country Mr. strahan had not beer, sC?^ rT ??tdenee wlti reapeef to tire parti, u'*r ^.r ' white tee Veidiet of tha jury was to be lakej, ** "n "" Mr. Serges,it Itylea ami Mr. James followed' K?r,.if ..^.^.n and Bates, and thj MrVnsUcTw lilt? ^hide's?,,.^pTntee &'!j o'clock. The prisoner Ha.e. th-n T, , 'u at. '? com,unions, gj, John Mr s'nihan ^rrrs KiuJhf 1) e rase for ti.e proascution k..r .? . .. ' osTing close-! on the pre vtot? day. evtdenee was now gur * |ntn f?- , The clerk ami >olfe,lor of the mi?mJ? ,^'k . were called, aod pr- ved the proceeding, |0 bVnkrintV with a view to .how tlr.tth, li, ,,r Z tie. waa an ordinarv business tr.n.acth,nP ...dtbaf the proceeding* ia bankruptcy constituted a'?? .liscbwu e" w ithln the meaaiag of the act. wu.e This closed the cot. on the part of defend*.#, .Ueh|I??07!!r"~r*1 at Un*th "???"> Mr. Baron Aldarsow thaw proceeded to sum un the ?*i denes. He raid that before the c nVn.io "Tf ,L p% ?n proceeding i be should uk ths jury u loddeottl quca lk n, arising out of part of the evident* and argument of counsel; bnt the question he should leave for them to de cide? uaiuely. whether the defendants were guilty or not ?wee of ? totally different description. He thought the jury had belter confine their attention to the charger in the tlret four count* of the indictment, though there

were other count", reporting conspiracy, Ac. The first four roente ret forth that the di fendant- were the bank er* ?nd agent* of Dr. Griffith, by whom they were en trusted with certain valuable securities therein mention ed for safe custody, and that, notwithstanding, they, without any authon'y, sold and converted the same to their own use, oomrary to their duty ami trust. Re specting a good deal of that statement there was mi doubt; but ties question for the jury to decide was whether the defendants sold those securities contrary to their trust. If they did, they were guilty of the tnis d. uiranur whieb was charged against tire m in the in dictmmt. and the puLisliinent for which was provided hy the 7th and 8th George IV., cap. 20. That was the question now to be determined. No drubt there saps a great difference in the cases of the three defendants. Against sir J. D. i'aul the cast pressed mote hardly than against the other two, and against Mr. Btraban more hardly, perhaps, than against Mr. Hates. That was the order probnbly, in which the jury would have to consider their ropectlv guilt or innocence. The learned judge here recapitulated the tvidtnee of Jtr. firlttith with reference to the ?6,0u'i Punish Bonds on wt ich the queatiun before the Court titose, and said the jury would hare to consider w he thi ol not tli?j could reesonably infer that the transaction that took place in reference to those bonds were such a: font their nature, partners in the hi me bans must be cognizant of. It had been proved that those bonds hoi Urn purchased for Dr. Griffith, and left with the defen dants for ssfe custody ; and they were particularly mark ed by their amounts, dates, and numbers. It did not up pear whether Ilr. Griffith bad ever seen them, but tha' was not materia), for it was not necessary Hurt he shoul I see them, in order to be their owner in point of i i v. Dr Griffith stated that be transacted his business almost solely with Mr. Bates, and that he never received the slightest intimation of any chaoge having taken place In the curtody of these bonds, the interest for which h > had carried to his account every half-year, and that he never gave to the defendants any authority to st U or convert them to their own use. After the sp plica'ion at Bow-ntreet, Mr. Btrahan called on Dr Griffith, and, admitting that some securities had been : disposed of. added that it was the flret dishonest act of Lis ll'e. That observation, however, referred to the ?6,000 Banish bonds subsequently purchased and substi tuted fot Ibe original bonds, and not to the bonds men tioned in the present indictment. Mr. Btrahan's counsel had ft Id the jury that they must take this statement into c< nsideratfon, and conclude from It (hat Mr. .Strahan wrh not cngni7ant of any previous improper proceeding done hy unother in roforence to the securities. However he (ilr. Baron Alderson) must tell the jury that th-y were not bound to believe either the whole or any par of the statement made by Mr. Hlrnhan on tbat occasion They must take it into their fair consideration us one in the circumstances in the case, and no more. Mr. Btrahuo wns certainly incorrect in saying that that was the firs' fraudulent transaction on his part, if he were a party t the ti am action of 1884, unless he salved his conacienc over by the notion ihat reparation was made for tlia' Which before was a wrong act. ami that the wrong ha bun removed by the hufiKequent substitution of ire bonds. It wa* just (tossible f >r persona to take that vie of their conduct, but the law did not. The jury we re en tin ly to judge - n that matter; and here he would observe tha tin stiitenieuts pat in for the purpose of making a "dis cl.isuie" showed that Dr. Griffith hail been a Fo.-er to u considerably larger amount than the ?6 000 Danish bond in question, The check for ?12,228, which was paid ii bank notes, was dafed March iff, 1854, which agree - with llie items in Blr J. D. i'aul'a piivate accouitc. clerk of Foster A Braithwaile received the bonds frou Mr. Beattie, and there could be no doubt, from the num bers and amounts of the bontls sold, that among tlitn. were those brought by ibe firm in 1861 f r Dr. Griffiths deposit! d by him in their bauds for safe custody, and suiely kept by thein up to tbat time. These bonds w-r. thus ?elii by sir J. D. I'aul, and this transaction was th subject of the pre rut charge. There could be no douc as against Blr J. I). Paul?waiving for a moment the question whether the disclosure be'ore the Court t Bankruptcy wete an answer to the present charge?th i a clenr offi nee ugaiust the statute had been committed in disposing of there Danish bonds intrusted to him for safe custody. This was a clear breach of trust oo bis jart, which breach of trust in a bunker oas pun ishabte as a misdemeanor by the 7th and S.li Georg IV., chap. 20. He rbould not have considered i1 nero sary to carry the ease any further, hut evidi ucu h w Inert called to show that the bonds were sold t > Messrs. Rothschild, Cohen and other parties, tbit these parties received the dividends upon them, and that the defendants had ceased to have any property whatever In the bonds thus sold by Foster and Braith waite although the dividends reie regularly carried to Dr. Gi Births' credit: then the gentleman Trail been called who negotiated Hits loan, and who proved that every bond hud a distinct number, the conclusion being tint there Danish bends were tnuividual things, winch we: t not to be replaced by other bonds of equal value. There being, then, a clear cate against Sir J. D. I'aul, utiles* he hud absolved himself by the disclosure, the next ques tlon was wh< thrr the other two partners were parties t.. the transaction. A partner was civilly responsible for the acts i this copartners. And why ? Betaaae by an agreement between him and his copartner he was c tiatl tuUd au agent for all acta doue in pursuance of the pail t.eiship lor bis copai tuer. lie was. therefore, civilly re sponsible for all acts done, either In tho presence or a j i erne of his copartner; but he was not responsible, and could not be held resp meible, for any a?t done by bia c i partner ciirninally; bf cause no man could constitute auo ther his agent to do a criminal act without his pereunaly cesirii g hinj to do D, orac'ing with him in ca< rying it into effect. lie won only criminally responsi >1. lor the acta of bis partner if he personal v took pait in the transaations, and therefore tin juiy wuutd lave to look, not merely to tin question of whether Btrahan and Batea were pirtner. in the concern, but also to whether they could be considered *s Hog parties to the criminal act <>r bi John Dean I'aul in aellii.g the bonds in question. If the. were nol proved to tlreir satisfaction to have been in . slate of what was called 'complicity" wtlh Sir John Dean I'aul in the act with whicli be was charged, Go.' forbid ihat tlioy should lie held punishable for his crim ral conduct. When the juty came to lake the case in' ? consideiation, they could not, however, altogether lean out ihe circumstuuce of tlieir being partners because, ? partneis, they might have a knowledge of the nature wt the business which was gotug on, and it was for Hie Ju to say whether, being partners and having tho means knowing, the circumstances were such as induced them to believe that the dtfemJants did know and were privy to the tiaudiilent tran.-aclion wLich form.si the subject of the present charge. What were llie rlrcmnsiance allien were caleulated to lead to the infeience of th guilty cimpiicity ot all the partners)- In the fire place, there w us the money which was brought to the bank tiom the sale of the bond* by Messrs. Foste. end Braitliwaite, and the aggregate amount of which waa placed to the credit of the private oocoun' of Bir John I.'ean I'aul. He would not content that it would necessarily follow, hut, gonerw'i speaking, he thought a partner would Inquf " now, and under what circumstance", a sum n ?12,000 or more, came to Iks ptu ed to the n. ivate u< count ofoue of his copirtners Thru again they wor. h id that the securities of Dr Ciiffi .li were kep in th stroig room, ard ihere appealed no reason to douht tlia they were ti ere up to a certain period, after which Hie, C'.tild not lisve been found, uur were any othert tiib.itl tuted for them uotll the month of June. Did people never walk into their strong rooms, or know what was !>. tb< in. or ?i.l they not look after the securities deposited Willi them, or wi re Ihoy n<it presumed to I .ok after th | removal of any portion of these securitiea? The defend snts had the mean* of knowing; the question was, ? tliey make use of those means, and did they know tin ciicuuiM#licet* y then tLere was the circuniHtiiriee thai alteiwnids the whole of the defendants made astateim .1 or < disclosure,"** it waarailed, in whi.di they spoke the ?6,000 Dnui-b Five |>er t'etits deposited with Mea*i> Cyvrenc t.urrey A Co., on the 30th of April, 1866. an followed by ?1?,(-C0 Three per Cents belonging to D Giifhth. sold by Mc-srs. F?*r?r A Braithwaile on to. 14in March, 18o4. But m thing was said of the C5 no , being reld in the first instance. They stated the foe i a partial sale, but they did not state the whole ol ? J't kno* ,he wb,,le transaction, or pa only!- If they knew the whole, why was It tbat n ? '*1'' sbout the first *al<*? Or did they 'hi that the sub-titiitl ti of one. set of b-nds for the otu , took away the fraudulent cliaraeter of the rtrat transac Inn? One part of the case was perhaps not sn strong against the defendant Bates. He did nor state in hit-x amlnation that be knew of his own knowledge of the ale WU reemiUes, or ha-i anything to do wl'b ' bem ? bile (be other defendants in theii separate examo ion? spi'ke of securities " pledge ! or couvsried by me/' . a-e only spoke of si curities ?? pledged or aor.verted hy any ?> either ef n.y partners.'' Mithregaid to Strah in, thei ? Was the ciriumatonee to se taken into cousi.'.erail- - ,f his statemi-nt to jir. Giitlith, which had been urged -is negativing, to some extent, the fact of bis knowledge ot tl.e titst transaction. This was a circumstance in toe ease proper for the consideration of Ihe jury. The ch nee show id that the act of selling the sec ail tie" was he act ofbir J. I). I'aul, hu; If the Jury were satisfied Urt am was dcre wi'h the knowledge and consent of the u: ,-i defendants, and for the pur}?se" of the firm, they we c equs 1? guil'y of the charge. The jury would con-id -r al o, the numerous opportunities which Btrahau an. i' partners had of koowlng all these eircumsianrc" and y. i that no complaint or outcry had been lai c.l Pi In-. ( 'if fith on the suliject. With respect to ihe def-ndsn> Batis, the case wa* in some respect*, stronger th .n that ofBt ahsn, Inasmuch is he was the most active pa-t ner in connexion wlili the Arm. end was th* ,<erson wli . most frequently held communication with Jr Griffith The defendant Strai.su might huve thought that llie storation of the Don tab bonds t.y others of a similar amount might have satisfied Dr. Griffith; and so pe-hat It would, it the substitute*! bonds bad been ferthenmini ihat. however, would have been no answer in point *r Is* to tl e nline of oonverllng them, although it intgl tfrl.aps hare prevent!<1 Dr. Grlffiib from putt og the law in f- rce Tlte last point to which he would reie, was one wldch * a-lather a question for the court th sn for ih. lury-one with respect to the construction of the. t It *a* ctrtainly a \ery singularly worded act and tl fretriers ? f It probably never dreamt that anything would occur under It like want had arisen in the Wei-it *V The words of the section In th* act were? And no banker. mcr-hanL broker, facloc. afiornev oroihe* r.ent. as afhre-sld. wIP be liable to he ocBvfoSlbr m.SZ Itetne whatever s* an offender against this net in rcne- ii IV sci done h? b.m. If be shall, al ary time prevfe,,, tTl.i. be-^V Irtrk ied lor such offence, bevedbiloaed su. h < n i.scqnet.ee of any compul-ory prnee s of any oourt if law ,r eqn.ty. in sny ac Ion, suit, or proceeltna whieji *1.1V f..se n.lr Insiltnted by any parts aggrieved, or If he stnn?ha?* tflerloaed the wrf In any examlnaUon or dei??lhon h-iv w ..TF ( on mlsdcrereol Bank.-untcy. posiuon uermv au) I .der Ibe T4inkruptev Act the c-mmtssloners had t? thot By to examine Imnkruivts after the* b.a ? ? , sigt.id . declaration; or .hire might ' "T on'er to establish soma matter In dispute ^rt,irh ?i cur. wished to hare r.eared up. ?"tTa,\V''"l- ? *'"* """"f ht ibfendant, In the (onrt of of the oar.iawlot set charge.! tli^. 'There ^ no ill?clo*u-e in any one of the A.>-.._??< -he parties had. in fM4, .ppriSJSr'SfolH^ and trsnsfer.el to Mre.r- Poster A HrmithwrtT? X" C6.0CI' 1 snieb bond* Which Dr. Griffith ?f belrg deprived of. The Danish bonds, assigned to Gvereod, OoraiT ft Co., and mentioned to the 'disclosures, were different from those mentioned in the indie uncut, and agreed only with them in the amount vf T?lu?. But could anj one suppose *bat a person by voluntarily dtatoftinf, of his own aceoid, a miwlfaieamr committee by him, ooul i escape the penalty attached to the' nr.irdnneanorf Was it to be imagined that the Par (lament would idajr fast and loose with (he criminal law in such awray, first indicting the penslty of fourteen years' transportation on certain offenders, and then all iwing those ?(lenders to acquit themselves from allpunishment? Was that proceeding of the defendants before the t'onrt of Bankruptcy a I ma fide examination, or any deposition to settle some dl> pu'ed point which the Omrt requited to be satisfied on ? there was a rule of law well krown in reference to transactions of this description, ant be would ask the jury whether it was their opinion that this was a real and Ivnafide proceeding in bankruptcy, or whether it wee not a got up proceeding and sham?i farce prepared to be plsyed in open court? He should at k them that question, not that tbelr opini >n would ul timately determine the point, but lest, in the event of ita beiog hereafter discussed, some one should say that he ought to hate left it to the jury. It was on that account be wishrd for their opinion on the point, though ho and bit tear ued brothers near him entirely agreed in not en tertaining any serious doubt at all <>n tbe question, it was now for (he jure to take the rase into their consider alien, end if tbey believed tha*; the c^noan's, Mr. S'ra han and Mr. Bates, were in complicity with Sir J. Paul in doing tbe act charged, and that it could not have beou done without their knowledge and concurrence, they must fii d all the accused guilty; but if tbey de> mod the i videnco too doubtful to enable then to draw that oonclu non, they would, of course, give the accused the benefit of the doubt. If they thought that there was any differ i nee in 'he cases of the delete,anta, they sould, of course, maik by their verdict i the diatinctfon. He desired m hirg more than that they should come to u just, sound and candid conclusion. The jury deliberated together for a few minutes in their box and then retired to consider their verdict. After an absence of nix ut twenty minntas they returned and pro noaneed a verdict of "Guilty" against all the defendant. Mr. Bart n Aid.rson inquired their opinion of the "dis closure" before the Court of Bankruptcy. Hie foreman replied that tbe opiuion of the jury was that it was no disclosure within the meaning of the act. Mr. Baron Alderson?You look on It, then, as a sham affair? The foreman stated that the jury did not consider it u bona fide disclosure. Mr. Baron Aldeisou intimated his entire concurrence with iho Jury in this opinion. A verdict of "Guilty'' was then taken on the first and third counts, and "Not guilty" on the other. Mr. Huron Alderson, alter a short pause, proceeded to pronounce the judgment of the Court upou the prisoners in the following terms:?William ftralian. Sir John Dean Paul, and Robert Makin Rates, tbe jury have now found you guilty of tbe offence charged upon you in this Indictment?the iffi-nee of disposing of securities which were intrusted by your cus tomers to you as hankers, for the purpose of being kept sale for their use and which you appropriated, under circumstances of temptation, to your own. A gnqrer and more serious offence can hardly lie iuitgincd in a great commercial city like this. It lends to Mliakeconli cence In uii isrsou in the position you occupied, and it bus shaken the public confidence in establishments lite thai you for n long period honorably conducted, i do very, veiy much regret, that it falls to my lot to puss any sentence on persons in your situation; but yet the public interests and public justice require it; and it is not for mo to shrink from the discbarge of an? duty, however pninlul. which properly belongs 10 my offiie. 1 should have been very glad if it had pleased God that Feme < no else i.ow had to discharge that duty. 1 have Men (continued the learned judge, with deep emoti m) at least one of you under very different rheum slances, sitting at my side in high cilice, Insteal of being where you now are, and I could scsrcoly then hove farcied to myself that it would ever com* to me to pass sentence on you. But ?n it. is, ami this is a | roof, therefore, that we all ought to pray not to he led into temptation. You have beou well educated, and held a h.gh position in life, and the punish ment which must fall on you will consequently ba the nunc seriously and severely felt by you, and will also gi ratty affect those connected with you, who will most sensitively feci the disgrace < f your position. All that I have tc say is that. I cannot conceive any worse case of the soi t arising under the act of Parliament applicable to your offence. Theieforc. as I cannot conceive any worse case under the act, J rondo nothing else but impose the entence therein provided lor the worst case?namely, the most severe punishment, which is, that you be sever ally transported for font teen yrars. 'the prisoners, who seemed astounded by their sentence, leant against the dock as if they expected their counsel to ninkc some obseivationH to the Court, but, after a short interval, they slowly retired in custody. The rev prose cuter, Dr. Griffith, was observed to shed tears when tbe srnierce wss pronounced, but the judgment appeared to give t alb (action to a crowded court. The Com of tlie Ship James Clteaton. [From the Baltimore American, Nov. 23.] CIRCUIT COURT OF THIS UNITED 8TATEF. Befoic Chief Jus'lce Taney and Judge Giles. hWO.Ml DAY. The trial of Captain Josrpli I_ White, indicted on a charge of casting away the ship Jatnos Chest in, ami con Bitiriiig t eliami f;un<l?y innuiaure companies, wart con tinner j ettcrOa?. The following wit new* weic examined by the prosecu tion. James Fouler, sworn?Was a seaman on the James Che-ton; she turned back on the 26th February; iho w. 1 'ber was fair when they turned hack; they d.iuk iho water i>l the tank five or six days before tliey turned buck: the wtai her was fair for liver pool when tliey turned bark; the weulher was fair hetwe-n the time of turning hank and the nay of abandoning the res-el: the brig Two I 1 lends was in sight early in the ilay; a Hag of distress was raised, if was with the T'nion down; the (lag was raised by the witness by order nl the mate; the mate (bason, a nil four of the men left for the Two Friends in one 01 the brats of the Cheston; the caption sai I tbey would leave the ship; when t.he mate re turned from tLe Two Friends he said to the captain thai it was nil right: (witness then re)ieated sundry c< rvetantu ns between trie officers and men about re moving clothes and provisions; when the captain left the ship he n-ked the mate if they knew what to do with the sfcip; (ho maie responded thai they knew what to do; when the captain asked iho question ho pointed down the hoM; two of the sailors of the Two Friends were on 'he ship at the time; when Lite pumps were sounded the captain said that there was 13 inches of water in (he vessel; heard 'he captain say that there was water in the between decks; does not know how many casks el water wcie on lhe vessel; the water used tiy the men was p acid in a barrel by Chason and the cook; the captain and mates were together when the boat was orden a to lie sent to the 1 wo Friends: she weather was veiy line: tbey were making a knot 01 a knot and a baif; it was about 2 or 3 o'clock; whea he lert the ship the sails were hanging k? her; the night af or tbey left the ship was very dark; could not see tbe ship at night and does not know what became of it; the water in the tank was a little brackish; witness has drank worse; knowa nothing of the ciaks in which tbe bole was biucd; there was only one man sick at thi time the one foil from the miuenmast; the vessel did not leak*more than other new vessels that he had heenon; the ship sucked at about twelve inches. ?roes examined by the defence?He testified before the CMTmmaiooet ; that he uade the name Ht&temont t> bim about Captain White ; nt*tvd that the ?e??el ieifcM all lhe way fri m Baltimore ; that they were all the time at the pumps, day and night until they left the shin srid lo the Ci'mmissioner that several of the men were a ill ir ted with boils ; one was off duty one night in coose quence of a la ii on his knee ; the weather was fair for 1 lvercnol. where thoy turned for Bt. Thomas; on the morning tlisy turned, the men were constant y at the pumps from five until eleven o'efoak. before tbey got her free fnnr, water in the morning they turned for St. ihoinas ; be was at the wheel when he heard the conver sation lietwcen the captain and the mates about leaving the ship. ^ By the District Attorney?Tliey were kept at the pumps nlltlie time; they were kept the-e whether there was water to pump or not; the mate. I'ackwsod, gave . T? ['""'In "t the pomps; when they were con stantly at the pumps tbey worked by spella they pumped only ?bout ten minutes before the vessel sucked, t ie cliiei mate loundcd tlieveesei on the morning before they left her. and said that there was thirtein inches water ; never saw her sounded when the water was ah -re the sounding red. ' Joseph Abbott, sworn?At daylight in the morniig saw lhe brig- at one o'chck the flag was hoisted at half mast with the 1 plon down; thsy were all calh'd on dec* and R'ked if tbey would love lhe ship lie left in Ibe lasllmal but one. the mutes and tw > of the brigs sosmrn were ? n the vessel when he left; hoard a noise, but could net tell what it was; the noise wi< against the lailieard side, be was told to let g 1 Hi" fun topsail balyaids and let her roll, and that was thelnit lie did: the 1 econd mate gate tlie order: he also let go (he main to|sail bnlyaid by order ef the mate; saw the pumps tt undo.: twice; think tber showed twelve or four teen inrhsa; tliey uved lhe wafer of the tack about a before they left the ve*?eli th*1 water wan brackixh theie was one iask nearly full of water, which wnx me 1 by the 1 fliers: rev. saw Captain white until five or s'x dejH after iliey left the Capea; was frequently on deck ufti r that; In- was on deck after the ve?sel changed her course for Bt. Thorns*. " I'y the illbnee?The weather was liad after thev lelt the Cafes: tie west'er was very heavy: she m'a?ie ? groat ileal of eater; the w*tch could keep her clean, the ctew was pretty giHsl; several of them could not sneak fnalish; several if the on w were of little account on a sqtiaie rigged vessel; it was hi.,wing hard Ibe best time ibey were on i.er has been on eer.r.l new 'hi.,,; this one leak id more than any now ship he ever saw ,ho leaking was owdlg to the bad weather; the pumps were goirg a'l the rime. II) tbe I i-ti let AMninet?Thinks tbe crew was good enough; tbey were constantly at the pumps; frequently e 0,1 rd became the , umps sucked, the mates would ring and pump away; doe. rot know shy they were con 1 artly at tl.e pumps, knows nothing of the log book; 'i""'*!15 <????Mti.n between the captain an! instrs iihr ni nfoinrioning the vessel. Fv the deforce?Rump. s?melitnes sack when tlie ves * x* H IL. * n#>\< m< liiiftit thfovr up wat#?r. Rlll*ani [Vionhill sworn?He came on deck at eight o tlieh: 1 aw a ve-?l lo the stern; was told to keep he to the leeward, at oue o clock was told to get the boa's out; (he males went to the other vessel; afler thev csroe bark the captain called all hands on deck, and a. krd lhcm if tbey would leave thevasel; the captain ??.id 11 ey had better leave than sink with the ship the ? fleers appealed anxious (hat the vessel should emm, msnr; tbe punpe were sounded and shoved sixteen inches of water, tbe water was brackish, most of tbe ship x company were alklcted wiih hois; one man woe fold up foi a right; he left with the first I at with pro visions the captain gave a- a reason for leaving 'he vessel that she was leaking and that the water wis brackish. Ry be dnfenoe?The day after they left the capes tbe weather was fair; after that it was heavy until they turn id lor Ft. lh, mas. several of the men could not tinder stand orders; the crew was not (It to n.amig" the vessel. Ky the District Attorney?The crew could manage tlie vessel, but it might be belter maangad. left in the last boat tut one; left 'be mates on hoard: heard s thumping noise on board ; the mates were down bafow at the time uw no water batweei deck*; when the mate* etmt an "? ^ ? oJK?>t??>3 time before the male* went on boerd 8 FrentU Panchea, *worn-( rhl* witness buinweP.m ytye.lfis evidence ?m interpreted by Mr. $Uto?w2a noon e? the vessel w** eeeu, particular iCTf to bail her; the mate, went on boerd t{I^o"rte?u? when they returner! they said to the captain thatitwi,' well; when they return..1 the captain celled n ?. T?* aeked them if they would leave the ve**e]; the eaotain (are the order and toe mate* called them; the Durona were eoncdtd end ihtre wa* about thirteen inche*wetrri the mate* told the captain there waa six feet water the two mate* and the i-eamen of the Two Friend* remains* on the Tveeel after the other* left; the water in the tank waa fait; the weather we* tine when they left the sblo the captain wa* on the deck twelve day* before the wssaei wa* abandoned. By the defence?The mate aaked Joe to leave therewel firat; and tht-n linked the other* one by one. except thiMo who did not apeak English; Joe raid be wa* wilting if they would permit him . there ware four who did not rpeak ?f i' '""owed the aea three yearn; the weather waa bad sometime.; the men were at work all the time at the pumpa without much necerndty. never Killed la m square rigged vessel before; be bad boil* on hU legs and bam!*; many of the men were worae than himnelt ? the water they had to drink wa* rait. ' By the Diet riot Attorney?None of the men were off duty except the ene wti" tell from the topsail ; they all had to work or get their head* broke. J<hn McCarty. sworn?Un the morning the veate! was abandoned, they went to the pump* and worked tilT they aucked, aha making hat llttlo waUr; went with the mate* to the Two Friend*; when they retained the mate* raid to the captain It waa all righ-.; the mates told tlie men to nave what provisions they could- the captait gave order* to call the men aft; he was hi a oal all the lime; heard the noiie in the vessel, it waa n the port aide about the middle of the ship- the I nocking wa* ahont tbe water line; on the evening of Ibe fourth d*y aficr they left Jbe Cbeaton, the second male remarked to the captain tbat if he knew a Ittle more about navigation, he would not have left the vowel; the captain told him he ought not to nay that' the mate told the captain that if he did not receive a bsndnomo prevent he would not tdgn the protect; the captain then Raid he n ight a* well go on deck and throw himself oveiboaid; the couvorrution waa in the between deck*; he wa* clone by nt tho time. The wltnev* wn* then cross-examined by.the defence and gave a contradictory atatoment of the above son' vernation. Jame* Neal, aworn?Wa* a teaman on the Jame* I neat on; there wu? twenty-six person* on the ship; he waa called from tlie pumpa at two o'cioc.. and carried the chief to the Two Friend*; when th'-y loft the Ches ton the two mate* and two Mt-amun of the Dutch brig weie on board; heard the n?i*e in the Cheston it wa* between deck*; the uol*e wa* on the lar board ude; the pumps sucked at twelve o'clook ihcie wu* only one man on duty; Sc?tt w-.s *ick for a couple of hour*; the captain called the men to the alter part of tbe veare); h-aril no conversation l>v the mate* on ihe first vi.it to the Two Frleu I.*, n - one went on hoard except the two mutes; remained un'll 12o'clock at night before the Two F.iend* nailed; they watted to -ee what would becomes of the Jame* Chorion they took two bairels of Hour and aotrie suit m. at ft,on Urn Chna ton: the mute of the two friond* .aid be wa* perfectly willing to take them on board if they would bring th.ur owu provision*. e Ihoinns t'uu Hove," .worn?On the morning the vessel wa* abandoned, hcurd tire officers talk a trout leaving the ship to go on board tho brig Two Friend*; wa* on tho boat that took the mate* to tl.e brig; the mate* went on , "'d }h<' und uli"-d to the captain; after they cama ,,, . . ch'cl Inato- (-bason. aoid to the captain it waa all tiffbt.; when in tio boat hoard a groat noise in the rcspel about the middle; went on boird and saw the mate* in tlie bold of the vessel; the bait hi was in wn sent adrift when they got on tho Two Friend*. Edward Coward, sworn?iiesided in Liver-pool io Feb ruary last; w?a a cle.k in the house of McClaln, Morris & Co.; the lirin are the con ignoss of Mes*ri. Jamea Ches ton & Son*; saw the .hip Jaureg Client on after she caroa into dock at Liverpool) she arrived in port on the fiiday in Murcii; witness went on board the next mem iDg; went down the hatchway ana saw mark* of vio lence; this waa on the larboard side; 'hero were Urea cuts, a* If they bad boon made with a hatchet; tbvvwuw one hole in which lie could put hi* two hand*; there were two auger hole.; both of tlrem were plugged up there wan another cut in between decks: there ?oie holes cut to Wt tho water iuto the lower hold; the tub* were below the water line; .he seemed in a-i goad condi tion ag regard* caulknge ug must vonscl* .ifr?i- a voyage; in ta"k" ,ia'' a P?c?U?r t?gte; ha taste i it and cid not think it unpleasant; the watchman employed t > guard 1be vemel frequently drank it. 1 lionisa 11. Hooper, sworn? [The log of the CbMton wa* placed in the hundg ?f tbe witness. 1 Wttnaasiro cured the book from Captain White afier ha retora*rt ft this city. Calloway Cheston. ?worn? The title of the Jame* Cb.eton was In him; Captain WliDe. and the males Jha son and I'ackwood were the officers; she *ailod from thro port the latter part of January ; she wa* low ted with Hour, provision*, and ingot copper; he recMvwl the log book through hi* clerk from the American oli e. A letter from CupLin Whl'e. to Jame* Cheston &3r.n*. dated Witmirgtou, North Ou-olina, w?a here presented and read to the juiy, The letter contain* a statement In reference io toe cause of ahandonitw the vessel, (which w * the le*klug condition of the ?hip and the aickr^f. of the crew.) Toe ship waa l?.ureltaaix ? fl ees, the am- out of Ihe Insurance was $70 000 the ? Dices in which the *1 in was iui-u-frl are the Atlas At djntkv Mercantile, and N.-w York Mutual Companhs of New York, and the Delaware Safety and I'nion Mutual Companteg of Philadelphia. [A witness wa* here introduced to prove the geatlnc negg of the policy issued by the Atlantic Insurance C >m pany.l Galloway Cheston, continued?The protest wa* pro duced ano identified by '.be witness; the Unk wa* tiled with water at leait two month* before the ship smlcl 'tb?'d thousand gallons; the witness here stated that although tbo vessel w*s registered la his -?Ti.. nT,recltier who were joint owners with him. Before the abandonment Hugh Jenkins had paid him $1 01)0 on account. A uue.ti. n waa here raised by Mr. WaUls. the cosnsel for the defence, rcUlive to tbo va'idity of the iwiict ment. Tbe indictment set* forth that the vc-e*el waithe property of flalloway Cbeaton, wheroa* It wae jointly owned by Mr. Cbesion and Mr. Jenkins. At 'hie stage of tbe proceeding* the Greet adjngned until tlris mcining at ten o'clock. Deitiurtkm of the Residence o> Henrw Van Rensselaer, near Ogilensburw. [From tbe Ht. lawrenee KepubUcan, Nov. 20.) v. v^b,enTy r?'n ttorm, accompanied by thamler and ligntnirg, passed oyer this place on Friday morning last at 4 o'clock, snch as fee have ever witne**ed *o law In the season as November lfl. During tbe exls'ence of the Jtoim, the liesutlfql country residence of the Hon. Jfcnry van Rensselaer, situated one mUe west of this vUuure took fire and wa* burned to tbe ground. Mr. Van hens seiser and hu family had vaca-ed the hou*e only a few weeks since In pursuance of a determination ? >-ne time eutei tained of liereafler- irassing the winter an.i**n of each year in tbe city or New York and theanmners here. A rear wing of the house was occ rpfed by Mr. James 1 atterson and hi* family, and the house awl the appurtenance* were left in hi* control, tho executive darkness of the night, with Hie driving rain, heavy thun der, and almott incessant flashing of the lightning for a long time drowned the alirm, and Mr. Datter*on hwl to n.ve '1? bon,,>i 10 Hinies as it was, an 1 come tc the village to p-ocure aid. Th partl< ular* oi the loss of this bean'ifjl place of Mr. tan iienstelaer's, vjjsm the stiucture and aiiirninaot of whh h ha bad bestowed vast sums of monoy aud suck ax wuiMte taste i* so faithfully d.iguerreotyped liy the tout' DWyyoumat, that wc adopt it* narrative. " We have been informed by one of the underwriters, who to* ? xamlnei lu'.o tlie matter, that * very twavy concussion struck the house in tbe midst of the thunder 5v rn? ?nRl*,,h ",('h f,)i co ss to awaken 'he whole he *e. the family were fortnnaiely absen' Mr. Jame* Paner whose chvrge tbe property Was, >ccopted with In* family the real wing; and wlien the hjuse wa* strtick he got up, but a* hoie waa a heavy watt betwei n uim and *he mrtin hiiilditif. he diicorered no cAQf; for alarm. in about twinty minute* Mm. Fattenm smelt airr.ke, but her huehand (jiiieUd her appreh*n*km* by saying that, they were doubtless making a fire in tbe ? lichen, which sometime* smoked, arid ibring sbat tlie d- or oi tbbfroom. boon after, the daughter was amused by a rente of suit, cation, and e-caplng from tbe mom with difficulty, gnve the alarm A cauTige dog rwtied InU) lifer rr-om and drcipji?d li^ad. Th? joung irotnaii nuaercd|inl?ni? \y, ano If at thU writingTe<mt\a? I U U*>r bed hv reason of tlie g?> and smoke luhale.1. The una bullring was cn Ore in every pari, ?o that Mr. Patterson Was blinded and prostiabd repeatedly in escapingfr on the "lag. Jet* of smoke and gas escaped f-um sy?ry keyhole and crevice of the main building, and the Blast ti 'be windows, protected by solid inside shutlr.s, wa* ex tremely hot, RhoslPf -hat the fire ha.1 atia-ne! greit " was, ooubihiaa tbroen into avcry ro?>n by tbe electricity. ' -The imoke ib?t first istucl from the building wm strongly imptegnaiad with cu'ph ir; the wu?tho r. cghly locked and boiled, and uofiie had het n la it since Tuesday. The mtln buUtUng was not emered a* P. ?.>* Int|ossible to stand be ? re u single Jet of a d ? >r or win " Ihe rumor that the servants wcie absent in the era nir-g, or bad given an eniertainiu?nt, or hid in any min m r neglected to do theh dutv, is (niirely wt'hout (nun detion. Ihe liglunlng was vivid ami almost incessant .it the time and ?a* seen by penp'e at a distance to strike In tbat Dt'lgliboihiHMl, lie-ii!e? being felt by Mi? Patter son. who 'estlflfd that it was as if a great weight had fallen upon the borne, shaking it 'arrlhiy. It is u Im n.etoe loss, and we doubt not ?)! our citlien* -vMI b pleased to lratn that there waa insuianre up< a It Th* fnrntttira was it sored as foMiws;? I Iverprx 1 and to ndon Company $10,000 Cotmnonwwnlth 10,000 North Western !!!!!.!!.!!".!*.! 8.000 Tlie dwsilirg in the Ftar Insuronce Coni|?ny nf this place ?*,'<*> Hpilrgfleld Mcsaehnset's 8.000 And Mr. Foot*, of the ---tar Company, ts of the opin-"'?a that there 1* a further sum nf $10,000 on th- building. \ ery much has been loot that eannot be repla -d, article* of value and a choice Hbrary, selection* ma t* through twenty years of resaaicb and learm-d leisure. Impobtint Titi.vuiit tpu Cauk in n/ctmowp - A c?se of considerable ln'ne?t was dect 'ed yeitervlay in th# ' ironIt Court. Jii'lge Merer Ith prealding. "kmve ti ne ?gvi. Mr. John C. honsor, of this city. *??t an onUr to the office of tbe magnetic telegraph, to be tr*n ml' ed 'o ? house in New Oile*ns. (or R<*> b*la? ?f eotfcie. la due time the order ?a< lilled, but to Mr. Hob* ?'i a*tont?h no nt h* rrcei'.d I'^lO tales. The error, It i< *!!"*et, wa* made in I ha transmission ?f tba messaga, and to rrcover tha loss ?u*taine<l. Mr II. biought suit againrt tteTrlegraphGaopnnr. Hie c?-? wa* argued ywrtarday, John VI. I atton and Win H. Ma-fa land, K*.(* , for tba plaintiff, and John H. Gilmer, Do, for the defeadsnts, aud given ton Jnry for ileeltion. Th* result was a var .t|*v against iba Tslagrai-h Company frr $7, t00 damigs* An eppeal v*s taker-. and the ne'e Will be oarriad b--' e the hlghs-t legal tribunal hi the Coir le- nwwilth - ffif-k aw nil M'Vig, Aur. 2V,