afrtrupulig.

At a meeting of the Court of Aldermen on Tuesday, Alderman Cope- land moved that a precept should be issued for the election of an Alder- man for the ward of Cheap, in the room of Richard Hartley Kennedy, no longer an Alderman. A contest arose as to the regularity of the motion. It was contended that the ward ought first to be declared vacant after a copy of Mr. Kennedy's conviction had been placed before the Court. On the other hand, it was urged that the Recorder had in his hand a letter of resignation from Mr. Kennedy, and that the Court should receive it. To this it was replied, that a resignation after conviction could not be re- ceived. The Lord Mayor read the letter from Mr. Kennedy. It con- tained a simple request to be permitted to resign. Alderman Sidney moved and Alderman Rose seconded a motion, that the letter should be accepted. The Recorder was asked to state whether the resignation could be legally accepted.

The Recorder said—" The question put to me is, whether you can legally accept this resignation. I certainly am of opinion that you can. It is per- fectly true that in the early part of the clause it is provided that any per- son convicted of any crime shall be disqualified from holding the office, and shall from that time cease to hold the office ; but then there is a proviso, that unless the office has been adjudged to be vacant by the Court of Aldermen, any act of his alien be valid notwithstanding the previous part of the sec- tion. It therefore appears to me that the office not having been adjudged to be vacant, his act of resignation was a legal act, and you can properly proceed upon that act."

The motion was carried nem. eon., and a precept was ordered to be issued.

During the discussion much sympathy was expressed for that "poor unfortunate gentleman" Mr. Kennedy.

At a meeting of the Court of Common Council on Thursday, it was resolved that a bust of the late Major-General Havelock should be set up in the Guildhall, in commemoration of his skill and bravery in re- lieving Lucknow. The Council also voted that the freedom of the City should be presented to Sir John Lawrence, for his exertions in the Pun- jaub, and his prompt preparations that led to the capture of Delhi.

The Constitutional party in Italy are endeavouring to form a league. Delegates from the Italian cities met at Turin but the attempt on the

French Emperor's life made them adjourn to London. This week they have held a conference in Newman Street. There was only one refugee present ; all the others were delegates from Italy. Signor Berromeo oc- cupied the chair. Their object is to commence a movement on the plan of moral agitation, haying for its end to induce the various sovereigns of the states of Italy to adopt their principles of constitutional government, and give their adhesion to an amalgamation of a central power. The first act of the Conference was to stamp. the Orsini attempt with de- %' station and to denounce the mad and insensate men who are ever the first to stand between Italy and her regeneration. On the second day the meeting resolved to publish an exposition of its views and wishes, in order to correct the false impressions with respect to the objects of the Italian National party, that prevail everywhere, but especially in Eng- land.

Wednesday was occupied in the delivery of moderate speeches by Signor Borromeo, Signor Curioni, Signor Litta, and Signor Correnti. The business done was to empower Signor Litta, Signor Brambilla, and Signor Da Costa, to draw up an address setting forth the claims of Italy to have her wants carefully considered by the Powers of Europe, with a view of obtaining their support in furtherance of the principles of the League.

The address was not ready for the Conference on Thursday. The sit- ting was occupied in reading letters of adhesion, making speeches, and passing resolutions pledging the members to labour unceasingly by moral means for the promotion of constitutional liberty in Italy.

A meeting held in Exeter Hall, on Wednesday, resolved to present a testimonial to Mr. John Lilwall, for his exertions to promote early closing and half-holidays. About 3001. was collected in the room.

The British Bank trial closed on Saturday., after occupying thirteen days' During the last five the prosecution had been conducted by Mr. Atherton' in consequence of Sir Frederick Thesiger's elevation to the woolsack.

The evidence and addresses of counsel had been concluded on Friday, and on Saturday Lord Chief Justice Campbell summed-up. He began by ex- pressing satisfaction at having a Jury [of merchants] who were well quail- lied to do substantial justice. He would not embarrass them by going through the whole evidence at length, but Would state a few plain points, and explain what questions they had to consider. The Attorney-General had very properly initiated this prosecution by an ex-officio information. "This information charges, in the first count, that the defendants con- spired together to represent to the shareholders that the Royal British Bank and its affairs had been during the half-year ended the 31st December 1855, and then were, in a sound and prosperous condition, producing profits di- visible among the shareholders, they well knowing the contrary ; with intent to deceive and defraud the shareholders, customer; and creditors of the bank. This is the conspiracy charged. Then there are several overt acts alleged- the principal of which are the report of the Directors to the shareholders of the state of the bank on the 31st December 1855— the issuing of new shams, the balance-sheet, which professes to give a true account of the condition of the bank at that time, showing they could give a dividend of 6 per cent out of the supposed profits—buying the bank shares with the bank's money for the purpose of keeping up the deceit, &c. It has already been stated that by the law of England the crime of conspiracy may be completed without any overt acts corn- 'flitted; but it has been properly stated by the learned counsel who has latterly so very ably conducted the prosecution, that the overt acts are properly to be looked to, because from them the Jury may draw an in- temnce as to the object of the conspiracy. With regard to conspiracy, it is not essential that evidence should be given of any formal consultation, in which the parties are supposed to have deliberately resolved to do an illegal sat, or to do a legal act by illegal means ; but if, as reasonable men, you see there was a common design, and they were acting in concert to do what is wrong, that is evidence from which a jury may suppose that a con- spiracy was actually formed. Now, gentlemen, the manner in which it was proposed to show that there was a conspiracy in this case was—first, to show that the bank was in a state of insolvency at the end of the year 1855 and beginning of 1856 ; secondly, that this was known to the defendants ; and, thirdly, that, knowing this they entered into the design to represent that the bank was then ma flourishing condition, for the purpose of decei- ving those who were shareholders, or the public who might wish to become shareholders. It is for you to say whether, on the part of the prosecution, they have established those three points."

Had there been a conspiracy ? The great question was, what was the real state of the bank on the 31st December 1855 ? If the balance-sheet issued in February 1856 was true, the case was at an end. But the _prose- cution had undertaken to show that it was false. The Lord Chief Justice referred to the various heavy debts due to the bank or advances made by it —the Welsh mines, Islington Cattle-market, Mullins's debt, Brown's, Oliver's, M'Gregor's, Gwynue's, Cochran's, Cameron's. The real vane of the mines was a subject of doubt ; but there was no doubt that a large sum had been lost. The value of Brown's securities was also disputed—Brown did not appear to have deceived the bank as to the value of his securities. Great losses had been incurred by these debts. " And yet all these sums were taken into account, and credit is taken for them in the balance-sheet to 31st December 1855. In addition to this, it appears from the books of the bank that there was a sum of 42,000/. owing upon past-due bills, upon which they had ceased to calculate interest, yet that sum of 42,000/. is in- cluded in the balance-sheet in the ' assets ' of the bank. You, gentlemen, will form your own opinion, but it seems to me that in this balance-sheet debts are included which were known to be bad to the extent of at least 100,000/. If so I should think this balance-sheet is a false account. It seems to me, that in this balance-sheet credit was taken for sums for which credit ought not to have been taken, and that this had a certain tendency to impose upon the shareholders." The Lord Chief Justice gave the accused the benefit of the evidence of Mr. Barnard, the principal cashier, who proved that latterly the business of the bank had greatly extended and improved. Cameron was not a Director ; but as the balance-sheet was made up under his orders he was liable with the Directors. He pointed out how in the balance-sheet the bad debts had been treated as assets." The Directors had also improperly trafficked in shares. If the defendants knew that the bank was insolvent, they were guilty ; if any of them did not know it, the Jury should acquit them. Lord Campbell then referred to the case of each of the defendants. And first, with respect to Cochran, he had gone abroad, and therefore the Jury might dismiss him from their consideration. With regard to Stapleton, he thought no blame could attach to the prosecution for including him with the other defendants, because it was most proper that the conduct of the whole of them should be examined; nor could he impute any blame to the prosecution for taking the opinion of the Jury upon Mr. Stapleton's case ,—" although," said his Lordship, "I must confess that I rather expected after the evidence had been, closed that there might have been an intimation that so far as Mr. Stapleton was concerned no sufficient ease to be presented to the Jury had been established." But it was not for him to interpose, and as there was evidence to go to the Jury, they must decide whether Stapleton was guilty or not. He than reminded the Jury that Stapleton did not join the bank till the 31st July 1855, and that he took no active part in it till his return from Scotland on the 16th October. Stapleton did not join the bank with a view to profit, but because being a barrister and not meeting with great success, for "the race is not always to the swift nor the battle to the strong," he wished to be employed. He was recommended to the bank as a flourishing and respectable establish- ment; and it was admitted by Sir Frederick Thesiger that when he entered it he was in utter ignorance of the state of its affairs. He held twenty shares, which he had not tried to dispose of, and the only benefit he derived from the bank was the dividend upon his shares. It was he who moved for the appointment of a committee on the convertible securities ; and though he had thus become acquainted with Brown's debt, it was not to be inferred that he really knew the bank to be insolvent. The Jury would form their own opinion, but Lord Campbell saw nothing down to the 1st February 1856 to show that Stapleton was aware of the insolvency of the bank. It appeared also that so late as August 1856, only a few days before the bank stopped payment, he wrote a letter to his friend Mr. Alexander Matheson, in which he stated that, although there was a run upon the bank, he be- lieved that if some gentlemen of known wealth would join them the public confidence would be restored : and he asked Mr. Matheson whether, if he should be satisfied that the bank was solvent, he would join the board. Lord Campbell read over the evidence given by Mr. Paddison and the other witnesses, who stated that they had never seen anything in the con- duct of Stapleton that was inconsistent with the highest honour and in- tegrity; and he added that if the Jury took the same view of Stapleton's case that he did, Stapleton would leave the court without a stain upon his character ; and if he should at any time return to his profession of a barris- ter, Lord Campbell should be glad to see him practising in any court over which he presided. The next name was Macleod ; and although there was more evidence against him, there was no positive proof. He was not a speculator, nor had he obtained advances from the bank. He purchased a large number of shares and invested in them the sum of 50001., and instead of speculating with them, he made them the subject of his marriage-settlement. Be cer- tainly was a Director from 1853 down to the stoppage ; and if he had gone through the same laborious investigation of the books which had occupied the Court so many days, he might have acquired a knowledge of the insol- vency of the bank. Lord Campbell thought a more serious case was made against Owen, who had been much longer a Director ; but he had invested all his savings in the bank, and had not derived any benefit from it. In minutely examining the evidence as it affected Kennedy, he particularly_ re- ferred to the letter addressed by him to Cameron on the 15th May 18M, as showing that even at that time he must have had a strong suspicion as to the insolvency of the bank. Could the Jury doubt that when Kennedy wrote the letter he must have entertained the belief that if the true state of affairs were known it would lead to the stoppage of the bank ? And yet, after writing that letter in May 1855, he concurred in the report and balance- sheet presented to the shareholders on the 1st of February 1856. Lord Campbell also referred to the speech made by Mr. Kennedy at the meeting; and to the discussion which had taken place in the Court of Directors in 1855, on the subject of the 71st clause of the charter, which required the Directors, in case at any time the losses should exceed one-fourth of the paid-up capital and surplus-fund, to convene a meeting of proprietors to dis- solve the company. On the other hand, there was the fact that he had de- rived no personal benefit from the bank, and bad introduced his family to become shareholders and customers. With respect to the case of Esdaile, the Governor of the bank, he observed that Esdaile had derived no benefit from the bank, and had not obtained any money from it ; but lie was con- cerned to state that out of his own mouth he had a knowledge of the true state of its affairs. He read a targe portion of the deposition made by Es- daile in a proceeding instituted in Chancery under the Winding-up Act, in which that defendant had stated in the most explicit manner his knowledge of the various debts of the bank, and which left no doubt that he must have known that it was in an insolvent state. With regard to Brown, the Jury should dismiss from their minds all prejudice, and consider him as an inno-

cent man until his guilt was proved, lie had borrowed largely from the bank, and having given securities, he had a strong interest in keeping up the bank as long as possible ; but he was afraid that destruction would come down upon it and him if strong measures were not taken. Lord Campbell noticed the statement made by Brown in the Court of Directors in the year 1855, when he said that, one-fourth of the paid-up capital and reserve-fund being lost, it was their duty to convene a meeting under the 71st clause of the charter to dissolve the company, and that if they went on any longer they would do so on their own personal responsibility. Lord Campbell then came to the case of Cameron. Cameron, he said, had borne a high charac- ter but it appeared he was a sanguine man and hoped that the bank would become a valuable establishment ; it would, be for the Jury to say whether,

being disappointed in that hope, he had not resorted to unworthy means, and become a party in a scheme for deceiving the shareholders. The bank

commenced with a small capital, less than 50,0001., and it seen got into dif- ficulties : the Jury would say whether it was not contrived that there should be a series of balance-sheets to deceive the public to Conceal the loss which had been sustained, to make it appear a flourishing concern, and to draw in purchasers of new shares. At the close of Lord Campbell's charge, the Jury retired for an hour and a half. When they returned into court, the Foreman said that they all agreed to find three of the defendants guilty, but he himself dissented from the verdict of guilty against the others. Lord Campbell said their verdict must be unanimous. The Jury again retired, and in two hours they returned. The Foreman then said that they found all the defendants guilty ; but strongly recommended four of them—Stapleton, Kennedy, Owen, ana Mac- leod—to the mercy of the Court. Lord Campbell—" Mr. Atherton, do you pray judgment ? I am prepared to deliver judgment." Mr. Atherton—" As your Lordship is prepared, I pray judgment. Lord Campbell—" Perhaps it will be better if I take till Monday morning." Mr. Sergeant Shee said the defendants could then submit affidavits. Mr. Kennedy said he wished to move for a new trial.

Upon that Lord Campbell said he would pronounce judgment at once ; and the defendants were all called to take their places on the floor of the court.

Lord Campbell said—" I shall first pass sentence upon you Humphrey Brown, Edward Esdaile, and Hugh Dines Cameron. After a long and, I hope, impartial trial, you have been convicteci by a jury of your country, upon the clearest evidence, of an infamous crime. You were charged with conspiring to deceive and defraud the shareholders of the bank to which you belonged, by false representations ; and it is clear that you did so. I ac- quit you of having originated this bank with the fraudulent intent to cheat the public ; but it is now demonstrated that for years you have carried on a system of deliberate fraud and fabricated documents, for the purpose of de- ceiving the publie; for your own direct or indirect benefit. It would be a disgrace to the law of any country if this were not a crime to be punished. It is not a mere breach of contract with the shareholders or customers of the bank ; but it is a criminal conspiracy to do what inevitably leads to great public mischief, in the ruin of families, and reducing the widow and or- phan from affluence to destitution. I regret to say, that in mitigation of your offence it was said that it was a common practice. Unfortunately, a laxity has been introduced into certain commercial dealings, not from any

defect in the law' but from the law not being put in force ; and practices

have been adopted, without bringing a consciousness of shame, and I fear without much loss of character among those with whom they associate. It was time a stop should be put to such a system ; and this information was properly filed by her Majesty's Attorney-General, and the Jury have pro- perly found you guilty. I hope it will now be known that such practices are illegal, and will not only give rise to punishment, but that no length of investigation, no intricacies of accounts, and no devices, will be able to shield such practices. On account of this being the first prosecution of this nature, I pronounce a milder sentence than I otherwise should ; but the

mildest sentence that I can pronounce upon you, Humphrey Brown, Edward Esdaile, and Hugh Lines Cameron is that you be imprisoned in the Queen's Prison for one year. Richard Hartley Kennedy, the Jury have recommended you to mercy, and I think there are grounds which i justified them n coming to that conclusion ; but still there is strong evidence against you. The paper for which the Jury sent shows that, though you were a respectable member of society, and filled credita- bly the office of Sheriff; you lent yourself to this deception. You did not derive any personal advantage from it, but it is clear to my mind that when you Joined in that last report you were fully aware that the bank was insolvent, and you knew it to be false. The lightest sentence I can give you is nine months' imprisonment in the Queen's Prison. William Daniel Owen, the Jury have found that you also had a guilty knowledge of the insolvency of the bank when you concurred in that report and balance-sheet : and I cannot say they were wrong, for you had long been a Director, and had ample means of information, and several papers read shows that. Therefore, though I think you are less guilty, you must be imprisoned for six months. Henry Dunning Macleod, the Jury, who are the proper judges of the fact, have found you also guilty. The sentence upon you is that you be imprisoned for three months. John Stapleton, the Jury have found you guilty ; but I cannot conscientiously order you to do more than pay a fine of one shilling to her Majesty, and be discharged."

Mr. Kennedy applied that execution of the sentences might be deferred till Monday, in order that arrangements might be made. Lord Campbell—" I will not delay execution of the sentence for a single moment."

The defendants were then removed in custody. Mr. Atherton applied that the other informations might be made re- manets. Lord Campbell—" Certainly." Mr. Kennedy—" And be tried after next term ?" Lord Campbell—" I will make no order."

At Bow Street on Tuesday, the investigation of the charge against Ber- nard was resumed. Mr. Bodkin stated that the trial in France had still de- tained some of his witnesses. The evidenceof the day was interesting. The witnesses were Joseph di Giorgi, keeper of a café at Brussels, and Cassimir Zeguerus his servant, a waiter, and a former proprietor of the cafe. The two former have been in prison at Brussels, charged as accomplices in the crime of Orsini ; they were brought to Ostend in custody, and now reside at Mor- ley's Hotel, apparently free in their movements. Their evidence, if reliable, shows that they were unconscious instruments in the plot. Di Giorgi had kept a cafe in London - he knew Bernard ; Di Giorgi took a cafe at Brussels, and left London at the beginning of December last. Bernard asked him to take to Brussels for him some portions of an invention connected with gas- burning—the iron cups forming the parts of the grenades. Di Giorgi took them. A few days later Bernard arrived in Brussels, and arranged that Di Giorgi's man should take a horse by railway to Pans, and carry with him the balls ; an English " gentleman " accompanying Ze- guerus described how the bag containing the balls was examined by the offi- cers at the French frontier' and was allowed to pass. Zeguerus delivered the balls and other articles to Orsini at the hotel where he stopped. During the cross-examination of Di Giorgi, which showed how he had been arrested and confined in prison at Brussels for nearly a month, Ber- nard had kept up a running commentary upon the evidence given, and at its conclusion he rose from his seat; and strilung the dock with great violence, exclaimed—" Oh, infame, infame ! This to occur in a country like Bel- gium ! An innocent person dragged from his home and imprisoned because he befriended me ! He is honest. I swear it ! He has been sacrificed by his friendship for me—deprived of his liberty most infamously and unjustly. Are there not victims enough ? Three in France and one here. Oh, inferno ! " Mr. Sleigh again applied for permission to put in bail. Mr. Jardine said he would not consider the question then, as he was going to remand the accused for only two days. Bernard begged again to address the Court. He called upon England to demand of her ally that Orsini should be delivered up and examined at this court. "Let him come here—here in this land of liberty, and any the words that alone can free me from this charge." The pri- soner complained that he was not allowed to see the Times in prison. Air. Sleigh said he had tried in vain to get the last request of the prisoner granted by the Visiting Justices. Mr. Jardine said, of course he could not interfere. Mr. Sleigh—" With respect to the other matter referred to by my client, relative to the removal of Orsini to England to give evidence in this case, I of course saw the utter impossibility of any concession of that kind being made ; and therefore I did not urge it, as I had been requested to do, in his behalf. At the same time, if it is certain that the presence of Orsini could make the innocence of Bernard mauifest, it would be a gracious act on the part of the French Government to allow him to be brought over." Mr. Bodkin—" Let M. Bernard be assured that he will be tried by English law and with English justice." The case was then remanded to Thursday.

On Thursday, more witnesses from Brussels and Paris were called to prove the connexion of the prisoner with the Paris conspirators. Mr. Sleigh objected that much of this evidence did not affect Bernard ; but Mr. Bodkin intimated that connecting links would be supplied hereafter. Mr.,arker, shopman to Messrs. Herrings, wholesale druggists in Aldersgate Street, proved that Bernard had purchased large quantities of alcohol, nitric acid, and mercury—the ingredients for making fulminating mercury; of course, separately, these articles might be used for "fifty other purposes." Mr. Bodkin stated that he hoped to complete his case on Thursday next ; and Bernard was again remanded to prison, Mr. Jardine refusing bail. Edward Truelove, the bookseller who published the " Tyranuicide " pamphlet, has been committed for trial. Bail permitted.

The murder of Heloise Thaubin in Arundel Court, Haymarket, was quickly followed by the arrest of her murderer. The facts ot the case have come out before the Coroner and the Marlborough Street Magistrate. Ma- dame Heloise was a married woman : she had legally serrated from her husband in Paris, and had come to London to earn her living. Felling to do so as a laundress, she had recourse to the streets. " Several other women of her class lived in the house in Arundel Court. On the evening of the 23d February, Heloise and 'Virginie were walking in the Ray-market, and seeing an Italian, solicited him to go home with one of them. At that time he declined ; alleging an appointment with a woman who was passing —Madame Levi, the landlady of the house in Arundel Court. The women and the man separated. Later in the evening, the Italian kept his ap- pointment with -Madame Levi ; but his offers were not high enough, ends servant was sent to fetch Deloise from Waterloo Place. About midnight Virginie came home. She lived with one Theophile Mouton, " commission- agent " ; and they insisted on having Heloise down to supper. She came, staid an hour, and returned to her room. Virginie then went up and asked her friend for a French novel; it was handed through the door by the Italian. About seven o'clock the next morning, a woman saw the Italian leave the house. Heloise was missed by her friends : they thought she hild gone out. In the evening, Mouton and his Virginie went. up, and Mouton forced open the door. They found Heloise dead : the body was lying on its face ; there were evidences of a struggle, and marks of strangulation. A watch, jewe]ery, three shillings, and some clothes belonging to Heloise, were missing. The police were sent for ; the Italian was described ; and they set out after him at once. He was first traced to a private hotel in Finsbury ; and finally hunted down on board a ship in the Thames bound for Monte Video. On their prisoner they found the stolen watch and other property, and in the ship the woman's clothes. He proved to be Giovanni Lam, a native of Duomo d'Ossola. He has been committed for trial on a charge of murder.

Victor Durand and Pars Martini, Italians, were charged before Alderman Humphery with stealing boots. .After evidence in support of the charge had been given, Scott, a City Detective-officer, said Martini had been in custody with two other foreigners and was convicted of a similar boot rob- bery at Gravesend on the day that Prince and Princess of Prussia were there. A dagger in a sheath was found upon Martini then, and on the pre- sent occasion a large clasp-knife, with a dagger-shaped blade, was found upon him. A passport was found upon Durand' but Martini said he came through France, and on applying at Boulogne for a passport he received only a letter to the authorities with permission to come to England. Alderman Humphery said the French were very particular in requiring recommend- ations as to character before granting passports to persons going to France, and he certainly thought they ought persons ht to be more particular with peona leaving that country. Mr. Molinari, the interpreter, said that it was usually the case that the authorities were not so strict with persons leaving France. Alderman Humphery said, so it seemed in this ease; for the prisoners were just the class of persons who, with such weapons about them, were niost likely to become assassins; and yet the authorities appeared to have relaxed their passport-regulations to facilitate the departure of such characters— glad, no doubt, to get rid of them. The French authorities send these Italians over here in shoals, and then accuse the English of harbouring as- sassins. The prisoners were committed to prison for three months, with hard labour.

The church of St. Paul at Herne Hill, Dulwich, was destroyed by fire early on Sunday morning. Fires had been lighted as usual on Saturday to warm the church' it was discovered that the flues had got overheated and the soot in them was on fire • the people in charge took measures to clear the flues, and thinking they lied removed all danger, left the church for the night. Some hours later, the building was discovered to be in flames in several places ; engines were obtained, but water was not easily got, and the body of the church was consumed : therneeple and vestry were saved.