278 THE GARDENERS CHRONICLE. [ApRin 22, 
—— 
of such frontages might, by the means of docks of conve- > 
ur readers may re 
si ane ve be very, considerably increased, a member that the accused car’ jness of a draper in | shares, aud pocketed 2001. by the transaction, but there was not 
: ys might, to a great extent, be appropriated, if | st. James’s-place, in this town the circumstances under which | a shadow of truth in that ‘statement—it had not been established 
desired, to warehouses and other purposes of trade. By | the fire took place were described by us at the time, No new | in evidence, and was wholly and entirely without foundation. 
extending the archways to a sufficient depth to the south facts were elicited by the trial, which terminated in an acquittal. | The whole charge resolved itself into yepresentations made by 
he . f b 5 4 z 
of this road, a frontage for building might also be ob- | people collected in the court. February, 1836, and the others at annual and half-yearly meet- 
tained, particularly opposite Privy-gardens and the new Taylor v. Ashton and Others. — This was an action to re- ings. ‘There Was no representation made by the defendants indi- 
houses of Parliament, where, if the houses were designed ssp compensation on account of Joss Se by ae plain- vidually—all were made by the general poard; and if this ee 
4 * Shi tiff, in consequence of the urchase of shares in the Com- ere inabl i fi e member of the 
in masses, with reference to architectural effect, they | mercial Bank of England re ‘Manchester, in consequence, | board was equally responsible. It was EMoEsibIe he submitted, 
would form an agreeable and striking view from the north | as was alleged, of certain fraudulent representations on the | to sustain the charge of fraud and falsehood, on the evidence 
side of the river, and effectually screen the present low | part Of the defendants. The plaintiff, it appeared trom the | which had been tendered. What was the constitution of the 
and mean display of unpicturesque buildings on the Surrey opening statement of counsel, is a professional man, residing | Bank? ‘There was the head bank at Manchester, and 17 local 
side. The proposed houses. from being raised to a consi- in Liverpool, and the defendants were directors of the Commer- pranches. There was a local director, a manoger, and an ac- 
prop i s : cial Bank at Manchester, and he sought to recover compensation | countant at each branch, and there was an inspector of branches 
derable elevation, would have a fine command of the river | for the loss he had sustainea by certain false and fraudulent re- | besides. The practice was, not for the directors to examine the 
and the principal public buildings of the metropolis, and | presentations of the affairs of the establishment over which they | books, ‘put for the paid officer, By the provisions of the deed the 
. : nae ¢ : _ | presided, by which he was induced to pecome a purchaser of | directors were to make known to the shareholders only so much 
having, Gy eae to these advantages, a southern a Peea ee Lin amountOnesor! The bank was set on fede iitithe,) as thy eS jeht think right to make public. There was no conceal- 
pect, would form very agreeable residences, such as would | year 1834. ‘This was at a period chaequent to the failure of | ment in the fact of the bad debts not being mentioned—the re- 
probably be eagerly sought for by the owners of adjoining | several joint stock banks, and a proposal was made to establish | served fund was for the very purpose of covering such contin- I 
wharfs, either for their own occupation or that of their | the one in question, which, availing ia of the ea eatiaie de- | gencies. pitted ais Graldividend rt woe a eres | 
zh ete . ‘ : 7 4ved from the sad experience of its predecessors, should com- the consequence to the p! aintiff, and the other shareholders, if 
principal agents. Taking into consideration the private | pine the advantages they posseased pm avoid the errors into | no dividend had been tecommended? ‘Why, the shares would | 
vrcommodation to the several wharfs, and the value of | which they bad fallen. ihe esessed. O14 crmed. part of the pro- | immediately have become utkcny unsaleable. He would show 
the new building frontage, the proposed work would pro- | visional committee. In May, 1834, the ‘deed establishing the | that the defendants, ‘Messrs. Ashton and Turner, had struggled 
bably yield a very considerable return for the capital ex- | company was executed. One of its provisions was, that the de- | against the local directors with respect to the amount of the 
with intent to de. 
c' 
Mr. Knowles, in his opening, had said that M 
Si athees iy ; fs 
one of the most striking improvements of an ornamental | years, with very extensive powers, ‘They appointed the manager | Yet these local directors attended the poard constantly, they 
character of which the metropolis is susceptible, but would and other officers, dismissed them as and when nS eee Sen were aware of the state of the fas at Aas heeneceve 
2 i had, in short, the entire control of the establishment. They were, | branches, and the existence of bad debts, yet they were always 
materially ee Loe cata a the comfort, and | frevefore, responsible for the acts of these their servatts, Mone | anxious for the declaration of a high dividend, and never moved 
recreation of the pubic. would also perhaps render | in conformity with their directions. ‘The estimated capital of the | for an ‘audit of the accounts, He would further show that when 
unnecessary the line of road that has been projected from | concern was to be 100,0002,, in shares of 5J., and it was set forth | the aecounts were audited in 1840 by hostile auditors, the de- 
the termini of the railroads at the foot of London-bridge as part of the prospectus of the bank and its distinguishing fea- | fendants, ‘Ashton and Sopton, thought the bank in a prosperous 
through Southwark to the foot of SGostwininter-bridce ft ture, that all shares should be paid up, and should constitute a | state, and that it was fully able to pay a dividend of five per cent., 
8 ; ster-bridge for | fund of real tangible capital, available for the banking purposes. | for they had been told by the auditors that it was able to pay five 
the convenience of the West-end of the town, as the dis- | The directors were to be possessed of 200 shares each. ‘The pre- | per cent., ‘and that they expected it would shortly be able to pay 
tance to that part of London would be materially short- sent defendants were possessed of that qualification, having | a higher dividend, He contended that Messrs. Turner and 
ened by taking the proposed embankment road and passing | } paideop ine 
over Waterloo-bridge.” Of the local improvements im~- 
mediately contiguous to the new houses of Parliament and r s ‘s d cas i ceeded to comment on the representations which had been made 
the approaches, Mr. Barry remarks :—‘‘ Old Palace-yard : Sa ieideteite to the board in 1837, as well as on the composition of the board 
Pe * : ™ : a similar kind, the total of the shares held by the defendants itself. He submitted the members of the board generally were 
is proposed to be considerably increased in size by the | Smountedto thirteen thousand. These shares, when 80 allotted, i i 
demolition of the houses which now occupy that site, a8 | were paid for by a cheque on the bank. The bank cashed the 
well as the houses on both sides of Abingdon-street, by cheque, one debited the private account of Ce pebias fe 
i be conveni "| amount. On this debit the party was charged five per cent. for 
which means a fine ey for the convenience of state pre the advance, but as at the same time the bank was paying adivi- 
cessions, and the carriages of peers and others attending | dend of eight per cent., the directors 
the House of Lords, as well as a spacious Janding-place 
be remembered that Messrs. ‘Ashton and Turner had never given 
in which the accounts were to be tur- 
adjoining the river, would be obtained. The Victoria h f ich those | nis a, Lailal eat ots ary ya Gis es 
“de hom. eman appointed. 
Tower, as well as the south and west fronts of the build: that to charge the misconduct of Mr. Macardy upon the defend- 
ing, would thus be display ed to the best advantage. The ere. The affairs of the whi stablis ‘ibe exceedingly unjust. The Solicitor-General then | 
Chapter-house would be laid open to public view, and if | Were ¢ ay el t ™m upon be iyabloags of ue viasialosalauadady bela 
iki ; ; tion a a irectors had themselves: een misled in taking he 
ed would ie Ly Sah oak ae Loe id enab! ing (nate in the representations of the acting officers; but this, 
with the Abbey ; and a consi Jerab. le extent of new bui ding : gligence, was certainly not a dit \ 
frontage that would be obtained by this alteration might | firs sion of 8,1 cA i f the hardships imposed on the defendants in the 
be occupied by houses of importance, in a style of archi- vas repared, and an addr i f their defence, and in not being allowed access to 
tecture in harmony with the Abbey and the new houses of Pp P z i ¢ books and accounts of the bank. He would read the report 
e y y 3! : ; : Ede, who were appointed auditors in 
Parliament, by which a grand and imposing effect, as a s one h 40. Those gentlemen, men of experience, had examine 
whole, would be produced. ‘As one means of improving ‘ctors, by their arrangements, had the means whole of the s, arid recommended a 
the condition of the concern and of every 
the approaches, 1 propose that the noble width of street The report recommenced ‘a dividend of 
at Whiteball should be extended southwards, by the re- ane et flattering, account of the state | wards of five per cent. ‘after that time. He asked whether the 
moval of the houses between Parliament-street and King- i 
street, by which the Abbey would be wholly exposed to 
view as far as Whitehall-chapel. The houses on the north 
side of King-street should be removed, for the purpose of 
substituting houses or public buildings if required, of an 
imposing style of architecture. Milbank-street is pro- 
posed to be widened and improved, in order to make it a 
‘convenient and effective approach from Milbank-road to 
the Victoria Tower and Old Palace-yard. Tothill-street 
is also proposed to be widened and improved, in order | ton of the concern, in the first place, from a relation of his OWD» 
that it may be made an equally convenient and striking | who, in his had been told of it by a person of the name of 
approach to the Abbey, the houses of Parliament, and i 
Whitehall, from the west end of the town. St. Margaret’s 
Church, if suffered to remain in its present position, should 
be improved in its external decoration, in order that it 
he shown that they were all present at the mee! ich i s | sented the result of their investigations to the board. 
adopted, and that although they wereall engaged in putting forth | mitted that the plaintiff had given no evidence 
these statements to the public, and were cognisant of the provi- | having become a shareholder in consequenct 
sions of the deed, that dividends should be paid out of pro fits plained of in 1836, in which case he would have no s! 
alone, they knew at the same time that the dividends were paid, | ground of action. ‘After some further observations {the whole 
address occupying about two hours and a half) 
gentleman concluded by stating his confident antici 
absence of a few minutes, returned into Court with a verdict for 
the defendants, at the same time expressing their opinion, 
they had been guilty of gross and unpardonable negligence. 
_ Porics.— British American Association. —On Wednesday last, 
in consequence of the advice given by Lieut. Lean, the govern- 
may not disgrace, as it now does, the noble pile of the | Cffice a eas 8 r, it was . per share, bei emium Barbadoes brig, which some months ago left London with em™ 
Abbey which rises above ie r. Barry concludes the | Ti. 4 s stated to al , grants jfor Prince Edward’s Island ; and Mr. Duncan Campbell, 
M ‘ MJ M y he | ith, ive owner of the vessel, were suramoned before the Lord Mayor, 
enumeration of all the principal improvements he judges 
to be most effective to the building on which he is en- 
gaged, by the hope, that at no distant period the re-building 
ho to answer the complaints of several of the unfortunate persons 
riving @ | who had broken up their establishments in this country, and eD- 
concern, and could be allowed the difference in his nex gaged to go to that country in the Barbadoes, under the sanction 
e did accordingly purchase 200 shares more for 6/., for which | of the British American Association, whose proceedings we hav 
he paid 1,0002., being allowed the 200/. extra which he had paid | often noticed in this Paper. The justice-room was densely, 
‘on the 200 shares, of which he became proprietor. He became, | crowded during the investigation, which lasted a great length of 
Palace-yard, may be accomplished as “ improvements of | finally, possessor of 600 shares, which cost him altogether the | time. Capt. Fretwell, who was the first questioned by the Lord 
the utmost importance, whether as regards the beauty of Mayor, manifested every desire from the commencement to give 
th id Tis, the effect of th houses of Parliament a full explanation as far as he was concerned. He said that he 
e metropolis, the effect of the new © Rar aves 4 had been engaged. at Gravesend to take command of the vessel 
or the convenience and enjoyment of the public. credit for which, up to that time, b to Prince Edward's Island, and he sailed from the Downs on the 
——— for which he then paid the bank at par, viz., 5000. putting | 1st November last, with 50 passengers—men, women, an 
the balance in his pocket. These cash credits, it appeared, Were children, When the vessel reached 42 W.long., she encountered 
Lab. at once entered in the share-book, until such a measure became | heavy winds and seas, and was so dreadfully battered as to be 
CentTrat Criminan Court.— George Goddard, hosier, assi in consequence of Lord Althorp’s motion for & red obliged to put back to the near est eligible port, which was Corky 
ant in a receiving-house, pleaded guilty to an indictment ch ital pal a distance of about 1,300 miles. On the 22d December she reached 
ing him with stealing a post letter, containing a sovereign, t Cork, where she remained until the 9th inst., when she sailed 
property of her Majesty’s Ppostmaster-General. Mr, Justice PI for London ; leaving behind her in Cork some of the emigrants, 
Cresswell addressed the prisoner, and told him that from the 
serious nature of the offence which he had committed, the good 
character he had received would not avail to save him from a 
sentence of banishment from this country. So much mischief 
his conduct—on the contrary, they were convinced he had done 
all he could for their service; but they felt and expressed bittet 
etter, that it was absolutely necessary to infict me st severe disappointment at the manner in which they had been treated bY 
punishment upon offenders jike him. The sentence upon him 1 est the Association, and those who acted for that hody 
was that he should be transported for ten years. they had to consider. It was one of great import fe Lord Major then questioned Mr. Duncan Campbell at considerable 
ASSIZE INTELLIGENCE. and, in a pecuniary point of view, of the utmost importance » length. Mr. Ca’ e was sole owner of the 
NortwEen Crrcurr.—(Liverpool.)—Patr he defendants. If the plaintiff was entitled to the amoun iH Barbadoes, subject toa mortga Soames of 3752. The pers 
for setting fire to his house in Crompto: end to the actions which ons who engaged hei he emigrants were the princip® 
fire took place in Liverpool on the 23d Septem among the first of the merchants of Manchester, but wi id b ir Wm. Ogilvie, The ship was chartered by ! we 
of which have been fully before the public. te borne down by the multiplicity of actions which woult @ | to these three commissioners to take out emigrants to ¥rine 
fire burned up to a wall that bounded the premi prought against them if the present succeeded. ‘They had cor Edward’s Island—all most res} but not very He 
and that in the course of it he ased expr charged with swindling and falsehood ; but, to sustain t deta of course. They engaged hi ‘ovide the emigrants, at ie 
he had 500 tons of oakum which would action, it was necessary not only to state, bntto prove, that they | per man, ‘an: f.price with food and passage O44 
and was all insured, and he would not care if th had been guilty of fraud and falsehood for ‘the purpose of 1D) ; Be piguided the ad ‘eslie a ; 
old place was burnt own before the mo thers to benefit themselves. The defendants had ne mith, the extensive provision merchants, with meat, br ie 
a fire broke out in, his premises, and it become connected with the Commercial Bank in 1836, a0 it Nae our, &e., a was requisite | 
i he was there, and made use of expressions ‘ at Bank, the failure of which ail EG the vo: liament, ™ 7 
4 minate him, but no positive act of incendiarism was proved Id dismiss “ undantly supplied Juables i 
4 against hi Mr. Wilkins addressed the jury for the prisoner, ought upon credit, broken 
aH and opened an alibi, to prove that the prisoner was at the Amphi- altogether, je had ths ; 
a theatre, near St. James’s-market, where a meeting was being alent the ship and everything else. The Lord Mayor—I find oy 
i held on the subject of Education ip Ireland, in wh che prisoner alse | fraudulen' printed paper a numbe: reat names, the appearance 0 AY on 
i Held on the etevests The Jury: stopped the casey, and deliveued p tat i CO a ptlenag nein ics stay people to believe that the Associ ye, 
1 yerdict of Acquittal. S ide one; There are attached the names 0 a 
Thomas Henry, a person of respectable appearance, was in- 
