Some Distinguished Victims of the ScaffoldBleackley, Horace
History
Some Distinguished Victims of the Scaffold
Bleackley, Horace
Criminals -- Great Britain; Executions and executioners; Trials -- Great Britain
As might be supposed, the Bank of England received little sympathy
either from the press or from the people. The directors never disputed
their obligation--as managers of the public debt--to refund to the
rightful proprietors the whole of the stocks that had been stolen,
but they made every effort to enforce their claim against the Berners
Street firm--amounting to a quarter of a million--which they contended
that Fauntleroy had placed to the credit of his house. It was soon made
clear by law that Messrs Marsh, Stracey & Company were responsible to
the stockholders, who had been defrauded by their managing partner,
and thus were equally responsible to the Bank, whose debt was similar
to that of the stockholders. The chief obstacle to the enforcement of
the Bank’s claim lay in the fact that the proprietors of the stolen
stocks were clients, and, as a natural consequence, creditors also
of Marsh, Stracey & Company. Being aware that the directors were
legally compelled to replace their missing Consols and Exchequer
Bills, they raised a great clamour against the claim of the Bank, for
naturally they perceived that if it was enforced the cash balances in
their Berners Street pass-books would be diminished. This difficulty
compelled the Bank to seek the consent of the Courts to permit them
to claim from the bankrupts the lump sum that had been restored to
the stockholders, so that it would not be necessary to bring forward
reluctant persons to prove each separate debt. Lord Chancellor
Lyndhurst ruled, however, that each transaction must be established to
the satisfaction of the Commissioners of Bankruptcy in the usual way,
and thus the Bank was driven to depend upon the stockholders. Since the
claim of half a million was compromised for a payment of £95,000, we
may conclude that the majority of the Berners Street creditors were not
disposed to assist the rival claimant to a share of their dividends.
[Sidenote: The transfer of stock.]
Public-domain text, read in full here on John Shaqi.
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