Birth: 16 December 1821
Place or Registered Place of Birth: British Embassy Chapel, Paris, Seine, France
Baptism: 4 May 1823
Place of Baptism: St. Luke's, Chelsea, Middlesex
Death: 30 November 1904 - Aged 82
Place or Registered Place of Death: Kensington, London
Mother: Honoria Louisa Blake
Spouse(s): Lady Adelaide Georgina (Adela) Paget
Date of Marriage: 29 November 1851
Place or Registered Place of Marriage: St. James, Westminster, Middlesex
Charlotte Louisa Emily Cadogan (1852-1947)
Ethel Henrietta Maria Cadogan (1853-1930)
Margaret Jane Caroline Cadogan (1856-1941)
Henry George Gerald Cadogan (1859-1893)
Frederick was also christened on 27 December 1821 at the British Embassy Chapel in Paris, France.
Frederick William Cadogan DL, JP (16 December 1821 – 30 November 1904) was a British Liberal politician.
He was a younger son of the 3rd Earl Cadogan and Honoria Louisa Blake, daughter of Joseph Blake. Cadogan stood as Member of Parliament (MP) Cricklade in 1868 and sat in the House of Commons until 1874. He was a Justice of the Peace and a Deputy Lieutenant for Middlesex.
Cadogan was educated at Westminster School and then at Oriel College, Oxford. He was called to the bar by the Inner Temple in 1847 and practised in the Northern Circuit.
On 29 November 1851, Cadogan married Lady Adelaide Paget, daughter of the 1st Marquess of Anglesey. They had three daughters and a son.
The Gentleman's Magazine - Volume 191 - 1852
At St. James's, the Hon. Frederick Cadogan, youngest son of the Earl Cadogan, to the Lady Adelaide Paget, youngest dau. of the Marquess of Anglesey.
Frederick was educated at Oriel College, Oxford. He was called to the bar at the Inner Temple 11 June 1847.
Frederick was the Deputy Lieutenant of Middlesex.
Newton's London Journal of Arts and Sciences - Volume 43 - 1853
Provisional Protections Granted
2372. The Honourable Frederick William Cadogan, of Hertford-street, May Fair, for improvements in the means of obtaining telegraphic communications applicable to armies in the field.
THE REPERTORY PATENT INVENTIONS.
No. 6. Vol. XXIII. ENLARGED SERIES.-JUNE, 1854.
Specification of the Patent granted to the Hon. Frederick William Cadogan, of Hertford-street, May-fair, in the County of Middlesex, for Improvements in the Means of Obtaining Telegraphic Communications applicable to Armies in the Field.-Dated October 14, 1853.
WITH AN ENGRAVING.
To all to whom these presents shall come, &c., &c.- For this purpose a carriage is employed, divided into compartments; one compartment is fitted with shelves and recesses, to contain batteries and apparatus suitable for obtaining electric currents. The other compartment of the carriage is fitted with a table, on which the electric telegraphic apparatus, or instrument, is fixed, and there are seats for the persons communicating or receiving information. The upper part of this compartment may be arranged to open in its centre, and fall back, on either side. There are rollers, having insulated wire wound thereon, such rollers being intended to be mounted on brackets, or bearings, in or outside of the carriage, when the wire is to be run out therefrom. To one end of the axle of the roller a small cog wheel is fixed, which is suitable for gearing with a cog-wheel, or with a screw, worked by a crank-handle. Or other gearing may be employed for giving motion to the barrel or roller, or motion may be given to the barrel or roller by its being in communication with one of the wheels of the carriage, and moved by it The insulated wire will be taken in or run off the barrel or cylinder, according to the direction in which it is turned. There is attached to the carriage a Manby's mortar, or other suitable apparatus for throwing an insulated wire across a river, or other inland water.
Description of the Drawings.
Fig. 1, shows a longitudinal section;
Fig. 2, a side elevation; and
Fig. 3, a plan in section of a carriage constructed according to my invention; a, a\ is the body of the carriage, formed into two compartments; the cover, b, over the hinder compartment being hinged to the sides of the carriage, so as to be capable of being opened and fixed, at an angle, to reflect light to the interior of the carriage when in use; the under surface of the cover being furnished with any suitably reflecting surface for that purpose. The compartment, a, is fitted with shelves, or recesses, c, c, for containing the batteries or other apparatus suitable for obtaining electric currents; d, is a roller, upon which the insulated wire is wound, and from which it is run off w hen in use; one end of the roller, d, is formed with a square, which fits into a square socket formed in the axis, e, which is supported in bearings affixed to one side of the carriage, the other end of the roller turning freely in a bearing fixed to the other side of the carriage. When it is desired to take in the wire upon the roller, d, the clutch, e', (which slides on a feather on the axis, e,) must be moved into gear by the lever, f with the clutch formed on the boss of the toothed pinion, g ; and motion may then be given to the pinion and roller, g, by the attendant turning the handle on the toothed wheel, A, which turns on a stud, fixed to the side of the carriage; t, is a break lever, to .control the motion of the roller when giving out the wire; rf*, d*, are guide rollers, over which the insulated wire is conducted ;dl, d', are additional rollers, placed, for convenience, in the compartment, a', having insulated wire wound thereon, to be used, if necessary, when the wire is all run off the roller, d; j, is a table, for supporting any suitable indicating apparatus; k, k, are seats for attendants; m, is a Manby's mortar, placed on the fore part of the carriage, or any other convenient position, for the purpose of throwing an insulated wire across a river, or elsewhere. The apparatus connected with the carriage may also be employed for firing trains, or other similar purposes, by the electric or galvanic apparatus described. When using this apparatus in the field a connexion is made with the earth, or with water, as is well understood. The end of the insulated wire is to be carried to the locality where another telegraphic instrument is to be situated, where there is also a communication made with the earth, and the distant instruments are to be connected to the insulated or circuit wire and with the earth, as is well understood, so as to produce an electric circuit.
I would state, that either galvanic batteries or electro-magneto apparatus may be used for obtaining the requisite electric currents.
I would state that, although I prefer to use the earth as part of the circuit, I do not confine myself thereto, as the circuit may be wholly of wire, properly insulated, as is well understood.
In using the apparatus, the laying out the wire, when on a field, may be done either by the carriage moving away from a spot where one of the telegraphic instruments is to be situated, paying out the wire as the carriage is drawn away, or the carriage having been brought to its position, the insulated wire may be run out and carried by the hand. By this arrangement, not only is the whole apparatus necessary to construct an electric telegraph in any locality compactly arranged, but, by reason of the insulated wire being wound on an axis, with suitable gearing to wind and unwind the same, and the whole apparatus being in a carriage on wheels, the same may be transported, from place to place, with great facility. And, although I prefer that the carriage should be such as to be drawn by horses, I do not confine myself thereto, for if the requisite insulated wire is wound on a roller, or rollers, on axes, with suitable gearing to wind and unwind the insulated wire, and the same are combined with and carried by a suitable carriage, on wheels, whether arranged to be moved on the field by beasts or by hand, the same will be according to my invention.-In witness, &c.
Frederick William Cadogan.
The European & American Electric Type-Printing Telegraph Company was another successful early, if short-lived, competitor to the old company. In January 1852 it became the second company, after the Electric, to commence constructing a circuit to connect London with the north of England, starting to lay wires next to the obsolete coach road by way of Birmingham to Liverpool and Manchester, completing its line in May 1854 just before the Magnetic company’s.
The European concern, the first real national challenge to the Electric company, originated not from within Britain but in France. On August 19, 1849 the government of France granted Jacob Brett monopoly rights to construct underwater electric telegraph cables between the two countries for a period of ten years. It was conditional that the concession be constituted in France. Under an agreement with the French government dated October 23, 1851 the monopoly was vested in a private partnership consisting of Lord de Mauley, Frederick William Cadogan, Sir James Carmichael Bt and John Watkins Brett, organised in Paris and known as the Société Carmichael et Compagnie. This private partnership lasted as long as the concession.
Central Criminal Court - Old Bailey
26 October 1857
THOMAS DAIMOND EVANS and HENRY THORN were indicted for unlawfully publishing a libel upon Frederick William Cadogan, with intent to extort money; there were other COUNTS., for threatening to publish, and for proposing to abstain from publishing the said libel, with a like intent, and for conspiracy: To the COUNTS. charging the libel, Evans put in a plea of justification, to which the Prosecution demurred.
MR. SERJEANT BALLANTINE., with MESSRS. BODKIN. and GIFFARD., conducted the Prosecution.
SAMUEL TRIGG . I am a wine merchant, of No. 47, Mark Lane. I am acquainted with persons who are members of the Submarine Telegraph Company, Cornhill-I know Mr. Cadogan by sight-a gentleman named Sandiland, a friend of mine, is connected with the Company-about 4th Aug., I cannot recollect the day, I met the defendant, Evans, at a luncheon house, leading out of Lombard Street-I knew him before-he asked me if I had seen that correspondence in the Times, about the telegraph, I said that I had not-he said that it was Sir James Carmichael's letter, and that he was going to answer it, and was going to see Mr. Sampson, of the Times-I saw him shortly after that day, either the Friday or Saturday after, I think it was Saturday, 8th-I met him accidentally at the Blackwall Railway Station, about 12 o'clock in the morning; I said, "Evans, I have not seen that letter of yours in the Times"-he said, "I have got it in my pocket now, and I will show it to you if you will come with me "-he produced it, and I read it; he said that he was going to take it to Mr. Sampson, to see if he could recommend any alteration in it before it was published-I have known Evans two or three years, merely by seeing him is the office of the Submarine Telegraph Company when I used to go there; he was acquainted with persons connected with the Company.
Cross-examined by MR. SERJEANT PARRY. (for Evans).
Q. Had you any particular connection with this Company?
A. None at all-I may have known Evans more than two or three years; I do not exactly know the time I first met him-he left the Company in 1854-I knew him at the Company, and have known him since by meeting him occasionally-I was on speaking terms with him; I should say, "How do you do?" if I met him; those sort of terms, nothing more-I may have had a glass of wine with him, but not my wine-when he spoke to me about the letter, we were at Reeves's, in Pope's Head Alley, a luncheon house-he introduced the subject to me on the first occasion, and on the second occasion I asked him about it-I do not recollect that he said that he wished to show the letter to his brother, who had been in the service of the Company, in order to see that the facts contained in it were correct-he mentioned that he had been ill at Gravesend-that was at the first conversation-there were several gentlemen lunching at Reeves's, during the conversation; anybody standing by might hear it-I had not read Sir James Carmichael's letter, or anything in the Times about a message from Trieste, which gave rise to it-I have heard what Serjeant Ballantine has said about it being an answer to something which appeared in the Times-at the time this conversation took place at Reeves's luncheon rooms, I had not heard or read of any imputation against the Submarine Telegraph Company; I had heard that such a thing had occurred in the Times, but I had not read it myself-on the second occasion we met at the Blackwall Railway; he was coming in and I was going out; we met on the step-I was going to inquire about the Herne Bay boat.
Q. Was he coming out of the station?
A. Yes-on the same day that I saw the letter, I mentioned to some one connected with the Submarine Telegraph Company, the substance of my communication with Evans-I believe this letter (produced) to be the same that Evans showed me at the Blackwall station in point of substance; I cannot say whether it is the same paper.
MARMADUKE BLAKE SAMPSON. I have the conduct of the City news connected with the Times newspaper On Wednesday, 5th Aug., Mr. Evans came to me with reference to a letter which had been published, from Sir James Carmichael, in the Times of the preceding day, that he could controvert the statement as far as regards the purity with which the matters of the Telegraph Company were managed; he said that he had been in the service of the Company-I asked him if he had been discharged from their service; he said, "No," and produced a letter, a testimonial, which he stated that he had received from the Company on leaving it-I then told him that I could not enter into his statement then, but that he had better put what be had to say in the form of a letter and send it to me; he said that he would do so, and there on that day the interview terminated-on Saturday, 8th, Evans called on me again, with Mr. Thorn; he then said that he had prepared the letter, and wished me to read it; I did so (it has been cut up for printing)-he said that all the statements in that letter were within his own knowledge-I said, "They may be, except in one case; you make a statement here which you cannot say is the case; you may assume it, and you may believe it, but you cannot positively know it; and if you like to put in the words, "I assume", that will meet it, but this is a very grave affair; you must be prepared to meet it, and therefore you cannot be too cautious "-I see the words, "I assume," put in here; this is the letter-I should think it was about half past 2 o'clock, at the earliest, that they came, and they were there about twenty minutes-Thorn took hardly any part in he conversation, but when I pointed out the serious character of the letter, he made a remark as if he considered that the Times must judge of that; it struck me that the remark was intended to throw responsibility on the Times with regard to it.
Cross-examined by MR. SERJEANT PARRY.
Q. How long do you think the interview lasted on the Saturday?
A. I think about twenty minutes-I think it must have been verging towards 3 o'clock when they left me-I said that I should not like to take upon myself the responsibility of dealing with it, and I should like them to go to the office and see the manager, and submit it to him-I very likely said that it would be useless to go after 4 o'clock, as Mr. Morriss would have left-that is the fact on Saturday afternoon-Evans also said to me that he wished to show the letter to his father, in order that he should be quite sure that the facts he was stating were correct-he mentioned that his brother was in a situation in the Admiralty, at Somerset House, and that he must go there to see him before he could deliver the letter to the Times-he possibly mentioned that his brother had been in the office with him in the instrument room, I do not recollect-the first day I saw him was Wednesday, 5th-I am sure that he had previously communicated with Mr. Mowbray Morriss; it was on the previous day-I received from him between the 5th and 8th Aug., a telegraphic message; I am afraid I have not got it, I think I very likely destroyed it-I have not looked for it, but no doubt T threw it away with the waste paper of the day-I answered the message; this is the answer (produced), it is dated Aug. 6th, and I presume I received the message on the same day; it is not a message of the Telegraphic Company in question.
MR. SERJEANT BALLANTINE.
Q. You received a communication, and sent a communication in return?
A. Yes-I do not think any reference was made to the telegraphic message in the conversation I had with him-the message was dated "Gravesend."
MR. SERJEANT PARRY.
Q. Whatever the messages were, had they reference to the publication of a letter in the Times?
A. They had-I do not think I had communicated before, to the gentlemen conducting the prosecution, that I had received any telegraphic message from the defendants-I have never directed in any way that messages should not be sent from the continent to me during Stock Exchange hours, nor have I ever known of any such direction.
Cross-examined by MR. ROBINSON.
Q. I need hardly ask you, from the way in which you have stated the interview took place, whether, besides that, there had been some considerable talk between you and Evans?
A. Nothing more than I have stated.
MR. SERJEANT BALLANTINE.
Q. I suppose you have not communicated any of these matters to the other side?
A. No; Mr. Cadogan called on me late on the Saturday evening-my office is in Lombard Street, a quarter of an hour from Printing House Square.
MR. SERJEANT PARRY.
Q. You say that he produced a testimonial; did you read it?
A. Yes; my inquiry as to his being discharged was, as to the confidence I could put in any statement he made.
HON. FREDERICK WILLIAM CADOGAN . I am by profession a barrister. I was one of the promoters of what is now the Submarine Telegraph Company-from the year 1852 down to the end of 1854, I was constantly at the offices of the Company, and for long periods, daily-at that time the arrangements were almost in embryo, and were being perpetually changed-the internal arrangements in connection with the clubs and other places, and also the Continental arrangements, had to be made-those were all made from 1852 downwards to 1854-I attended constantly at the office during those periods-the course of a message proceeding to the Continent is this: it is brought by the sender to the counter on the, ground floor, where the number of words is computed; the money is paid, and the message is taken up by a lift to the transmitting room, the instrument room; the message is then sent to its destination immediately, if there is no other message on the file previously sent up; if there are other messages to be sent by the same instrument, it is placed underneath, and is dispatched in its turn-the duty of dispatching it in its turn would attach to the superintendent of the room in the first place, and to the transmitting clerk at the instrument in the second place-Evans held the position, until he was discharged, of superintendent of the submarine telegraph room-he was also superintendent of another telegraph under the same roof-he was the superintendent of the room in which the submarine telegraphic messages were received and dispatched-there were a good many other clerks, all of them under him-the history of a message coming from abroad is this: it is received on and by the instrument in connection with the foreign and Continental line, or town, as the case may be, say Paris; it is received at an instrument in a room at No. 30, Cornhill; that room contains several instruments, several clerks; in the centre, the superintendent's table, and the superintendent; in one corner is the dispatch office, with a hole in the wall, or door; it is received in manifold; that is to say, the clerk reads off the message, and writes it in manifold; that is done either by the clerk at the instrument or by his assistant-as soon as the message is complete, he hands it to the superintendent sitting in the centre of the room-that is the room where Evans was superintendent; he had complete authority; he was supreme there-having been received by the superintendent, it is read by him, the words are counted by him, the message is prepared for transmission, and all the different formularies are arranged upon it; the hour, etc., is seen to be correct-I believe the time is inserted by the superintendent, but I am not sure, or by his clerk-it is inserted or checked; then it is handed to the clerk, who sits near the door-by him it is put into an envelope, and sealed; he makes some signal, either rings or knocks, I do not know which, and he hands the message, through a trap in the door, to the boy, the next boy on the rota for taking messages-my position is invariably in the boardroom-that is where my desk is, and that is where I sit when I am there-unless I was in the superintendent's room, I could not by any possibility have the first access to the messages-all Government messages are in cipher, except those that are upon public matters; for instance, I should think the list of killed and wounded, or the history of a battle, would not be in cipher; but, to the best of my belief, all matters of Government correspondence are in cipher, wherever it is practicable-it was not my habit to interfere with the transmission of messages, or to have one message placed before another-I have no recollection whatever of a dispatch from Lord Stratford de Redcliffe to Lord Clarendon, dated Constantinople, Dec. 3rd, and Vienna, 13th, nor of the funds falling half per cent, in relation to such a message-I cannot swear that I did not see the contents of such a message-I can swear I do not recollect it-if I did see it I can swear I did not use it for any purpose, or look at it for the purpose of using it in any way, taking it in the broadest possible sense-I have never used the contents of any such message for my own private purposes-I never employed a person named Edenstein, in London, to send a message to a person named Jacquemont, at Paris-I never heard the name until I saw it in the libel-during the time Evans was in the service I frequently looked at the contents of the forwarded, and received Continental messages-I did that for several purposes connected with the administration of the office-I never used that knowledge for private purposes, or for any purpose whatever-I have given instructions to forward news to my private residence, but not in the sense in which it may be contemplated-the only cases in which I can recollect having desired any news to be forwarded was during the war, upon questions in which I was very deeply interested, having relations engaged in the war; therefore, when the news came of the list of killed and wounded, I have on several occasions, when I have not been at the office, had those sent up to my house-they were certainly not sent up to my house until they had been made public-they never came to me until hours after they had appeared in print, or in some public source-I can swear that that was the character of the message-I never had a commercial message sent up to my house, or a message connected with the funds, or pecuniary matters-the messages that were sent to me were purely those which had reference to the engagements in which my brothers and friends were, in the Crimea-I imagine the allusion in the libel to an Indian telegraph received by Austrian Lloyds, alludes to this transaction; in 1853 the Company laid down wires to the West End, to four or five club houses; at the time those wires were opened, the Company made an arrangement with a news agent at Paris, of the name of Havarse, who is a general news agent at Paris, to supply them with a summary of news in the afternoon; and that summary of news, which he was in the habit of supplying at a fixed price, was to be sent to the different club houses, into which buildings our wires were taken-we did that more as an advertisement-it lasted a very short time-on one occasion Havarse's message arrived containing the Indian summary which belonged to the Times, and I believe, also, to the Morning Herald, who were associated with them-Havarse's summary contained the fact of this Indian message arriving at Marseilles-it was just then that the Submarine Telegraph Company was completing its arrangements with the Times for the reception of its messages, both by Marseilles and Trieste-I gave instructions at the office that this message of Havarse's, containing this improper matter, or rather this private matter, belonging to the Times, should be forwarded-at this distance of time, I can hardly tell what the message contained, but I desired it to be sent to the club houses-it was not sent only to my club, Brookes's-to the best of my belief, it was sent to the four or five club houses with whom we dealt, but I cannot swear that I was not at the club at the time-I had a communication with Mr. Mowbray Morriss on the subject, and I explained the matter to him by letter-there were written communications between us-I never ordered a dispatch to be forwarded to Mr. Seymour Clark-I do not know Mr. Clark-I have never seen him to my knowledge-I have never spoken to him-I have not the most distant conception of anything about Mr. Seymour Clark, except that I see his name printed up as manager of a railway company-the Rothschilds deal with us constantly, daily.
Q. Do you recollect, at any time, when there has been some convulsion in the funds, a great rush of stock brokers coming to the office?
A. I have recollected that fifty times during the last six years, and perhaps 100 times-it has been reported to me, I do not know it from my own knowledge; the superintendent has come in and told me so-I never went into the office, selected a message from the bottom of a pile of messages in relation to the funds, and desired that it might be given precedence-I have never, with one exception, given any precedence to a message of Baron Rothschild's-I never desired one to be taken from the bottom of a pile, and precedence to be given to it-I can swear that Mr. Evans never remonstrated with me on the subject, and said that it was an improper thing to do-I must correct my last answer; the case to which I alluded, the only exception where I have ordered precedence to be given to a message, for aught I know that message might have been taken from the top or the bottom, I know not where it was taken from-I did not take it, and I had no such conversation with Mr. Evans as is stated in the libel-I have never given any precedence whatever to any business message, or ordered that precedence should be given, with that one exception-we have the contents of the messages in our possession, as there has not been one single message of the Company destroyed, but we have no means of fixing the date or knowing what the message named in the libel is-there is no date given to it-they are all in the hands of the officers of the Company, and they are all here-they amount to above 400-I believe every one of Baron Rothschild's messages are in Court at this moment-I have never acquired information at the office, and used it for my private purposes in any shape whatever-I say that emphatically-I first heard that Evans had been making statements in relation to the Company on Sunday, 8th Aug., about half past 2 o'clock in the day, or between 2 o'clock and half past 2-it was when I got home that I heard it-a gentleman called on me five minutes afterwards; I then learnt from him that a communication had been made to Mr. Trigg and others-at that time I was living at my father's house, No. 138, Piccadilly-when I got home, my servant informed me that Captain Thorn had called, and I saw Captain Thorn by appointment at 7 o'clock-it was not an appointment made by myself, but by him, he had told my servant that he would call at 7 o'clock-from what I knew, I desired my wife, Lady Adela Cadogan, to be in the room when he came-she was there during the whole of the first conversation, and nearly during the whole of the second-when he came in, he stated that his name was Captain Thorn, and he told me that he was come from Mr. Evans, upon the subject of a letter that was to appear in the Times-he told me that he had not seen Mr. Evans for four days, that Mr. Evans was laid up at Gravesend with a bowel complaint-he read me a note from Mr. Evans to himself, stating that he was ill, and he showed me Mr. Evans' testimonials in an envelope; one was the testimonial of my own secretary, who is dead now, one of the secretaries of the Submarine Telegraph Company, and other private papers belonging to Evans, stating that Evans had left the matter entirely in his hands; he represented him, as he was unable to be in London himself-I asked him why he brought me this letter; in the first place he gave me the libel to read, and I read it out loud, and returned it to him-I said, "I must have a copy of it"-he objected at first, without assigning any particular reason, but subsequently he said that I should have a copy, but that it was necessary for him to consult a friend before he gave it, but he pledged his word as a gentleman that I should have a copy that night-he repeatedly drew my attention to the fact that he had had heavy pecuniary engagements with Mr. Evans and with gentlemen "at this end of London," that was his expression, that he was mixed up very deeply in money matters with Evans-he volunteered that repeatedly-I should think he said it half a dozen times-he added that he was in Evans's power, that he thought it very imprudent of Evans to write such a letter, that it must be manifestly to my interest and the interest of the Company that this should not appear; he repeated that several times, and that was pretty much the substance of the conversation, except that it was repeated over and over again-I rather think he said that he was very sorry Evans had written the letter, it was very imprudent, and he would have nothing to say to it-I think he said that, but I am not sure, but it extracted this observation from me, "What is the use of your bringing me this letter, non constant that Evans may not have sent it to the Times at this present minute?"-he said, "Oh no, the matter is left entirely to me; here are all Evans's credentials and his papers, and I am quite certain it will not be sent to the Times except through me"-that is the sum and substance of the first conversation; he then left, arranging to come back at half past 9 o'clock, after seeing his friend-he came back at half-past 9 o'clock, and then he said to me, "Mr. Cadogan, I wish you to release me from my promise of giving you a copy of the letter"-I said, "Mr. Thorn, I have no sort of idea of releasing you from your promise; and as I shall certainly take legal proceedings on this matter, I advise you to let me have a copy of the letter now, which otherwise I shall extract from you in a court of law"-he hesitated considerably, but I pressed him very much to let me have a copy, and the result was, that he sat down in the library at my father's house, and he copied the letter, and handed it to me; he signed it, I signed it, and my wife signed it with her initials-at that second interview he again alluded to the pecuniary position that he was in, with Evans, and he brought in this money question by the neck and heels, as before-he mentioned the money question on the second occasion without any allusion of mine whatever to it-he then left-I took an opportunity of communicating these circumstances to the managers of the Times, and on the following Monday or Tuesday I applied to a police court-that is the copy of the letter, signed by myself.
Cross-examined by MR. ROBINSON. (for Thorn).
Q. You say you first saw Mr. Thorn about 7 o'clock?
A. I did, I expected him at that time-Lady Cadogan was in the room-I should think she came into the room at the same instant he came in-he could not have been a minute in the room without her-there were no other persons in the house but servants and my own children-I returned from the City at a quarter to 6 o'clock, I think it was; I was not in the house a quarter of an hour before Captain Thorn arrived-I had just time to tell my wife why I wished her to be present, and to ask her to sit down-Captain Thorn told me that he had come from Mr. Evans-I understood him that he was sent by Mr. Evans; no, I must correct myself I did not understand that-I must have understood this, of course, that he and Mr. Evans were acting together, but that he came on his own account-I did not understand that he was sent-he did not state to me that he was sent by Evans-he said that he had come from Mr. Evans-he stated to me that Mr. Evans was ill at Gravesend, so he could not say he had come from him-he told me that he had not seen Mr. Evans for four days-I swear that most solemnly-(The witness's deposition being read, did not contain that statement)-I adhere to my statement, that he did state that he had not seen Evans for four days-I did not state in my deposition about his having read the letter to me from Evans-I forgot that entirely-he asked me more than once to consider the communication private, and perhaps confidential, and I purposely made no answer to him on that occasion-he said that it was in Evans's power to ruin him-I cannot say that he requested me to consider it a confidential communication, and not to communicate to Evans that which he had told me; I do not recollect his doing so-I will not undertake to say that he did not, he may have said so-my firm impression is that he did not-I have a clear remembrance of telling him that I intended to take legal proceedings, before I got the copy of the letter-I made a memorandum of this conversation, I do not know when-it may have been the same night, or it may have been the next day, I really cannot tell-I should think it was within thirty-six hours of the transaction-I am on my oath, and I tell you I do not know when I made it-it was certainly not on the Tuesday-I can swear, if you like, that it was within the Sunday.
Cross-examined by MR. SERJEANT PARRY.
Q. You are a director of some other companies besides the Submarine Telegraph Company?
A. I am a director of four other companies in that office-there is the Submarine Telegraph Company, of which I am a director, and the European Telegraph Company, in connection with it-the Railway Signals Company, which is on the same premises, and on the same floor; one is a Steam Ferry Association-that is an embryo, and the other is a patent that was taken out by myself and the chairman of the Company, for transporting materiel for the army-it is known in the office as Balance's Patent-I am a director of all those companies-it was the instrument room that Evans had the superintendence of-I was at times constantly in that room, at other times not for almost months together, or many weeks together, sometimes-I have not been into the instrument room once a month, or twice a month, for a long time past-I have been occasionally there, continually, day after day, and several times in a day-I should have an opportunity of seeing one of each pile of messages; the top one of each pile, if I did not look further-if I looked further, of course I should have an opportunity of seeing every one-my attention was very frequently drawn to them by Evans; certainly not to every one, but to a great many-I frequently went and examined the messages of my own accord-the Government always adopt a cipher-I should imagine that nobody would know that cipher except the Government-I have been trying to recollect how many messages I have had sent up to my private house-I have never had any since the war was over, and during the war I should not think I have had more than half a dozen at the very utmost-I state that as my belief-I have constantly received messages at my private house, private messages, such as any individual might receive-I have had messages from different parties, as any one else may have, and I have had messages on service very often-I have used our telegraph to the out stations, to Dover and those places-these were not always messages connected with the working of the office-they were frequently private messages of my own, frequently from abroad, entirely of a private character-I believe I have not constantly received public messages at my private house, sent from other parties to other parties-I cannot recollect receiving more than half a dozen messages of the description you allude to; they were only the battle messages and the events of the war, and I have had none since of any sort or kind-there is no file of public messages-I tell you, as I told you before, I have occasionally had constantly to examine the file of messages-I was not in the daily habit of examining the file of messages-it may have occurred several times a week, not examining the messages through, but doing it for a certain purpose-I am trying to give an answer that will explain the purpose-the tariff arrangements that, are made by the foreign governments were then being perpetually changed, and the working of the office to meet these tariff arrangements was being perpetually changed; there were very difficult technical questions as to the transmission of messages over foreign lines; those subjects were constantly before me, and constantly required my reference-some two or three months ago the foreign governments, if you will allow me to give you an illustration, made another very arbitrary rule about the number of words to be contained in a message at a given price; it was then for us to consider whether the reduction from twenty-five words, I think it was, to twenty or fifteen, could be made; and I should think for two or three days, two or three months ago, the superintendent on duty had constant communications with myself and with other directors upon the subject, and I dare say I must then have seen fifty private messages-it was for that express purpose, but what they were I have not the slightest notion-no particular duty was cast on me at all, but I was generally living in London, and many of the directors do not, the chairman at any rate, does not live in London-I, as one of the promoters of the concern, took a great interest in it, and virtually all the internal arrangements, at least a great many of them, were left to myself and the chairman, and were ratified by the board if they thought proper-as a question of degree, I should think I was the only director that took such an active part in the instrument room; many of the questions came under the view of the chairman as well as myself-there was an order made that nobody was to come into the instrument room without the permission of the secretary; it was made at my request and the chairman's; a printed order, I think it was; we had reason for making it-the order was that no one should go into the instrument room except the directors, unless authorised by the secretary-I do not know whether the directors were excepted in the printed order or not, but they were not de facto, because they were there-to my knowledge, complaints have not been made that I was constantly in the instrument room; never in my hearing; I do not believe it was said by Mr. Brett; this is the first time I have ever heard of it-I have not the slightest recollection of Mr. Brett complaining, in my presence, that I was too often in the instrument room; I could almost swear that he did not; the question has never arisen-I know a Mr. Edwards-I have never been charged, in his presence, with being too much in the instrument room, never that I recollect-you take me by surprise-to the best of my belief, I have not the slightest recollection of it, or of any circumstance that could lead to it-it would not be the duty of the accountant to look at the messages on account of the alteration of the tariff; his duty would be merely to see that the moneys were paid and the tariff complied with-that would depend on the number of words sent-that was not my only object; my object was not to verify the amount taken or received, but upon the general principle; matters were then and are still perpetually being changed-there are no private companies abroad; the whole is in the power of the foreign governments, and they are perfectly arbitrary in their arrangements-I was constantly doing all this until the end of 1854, when I went to the Crimea-from 1852 to 1854 I was constantly at Cornhill, doing this, except when I was away, which was very often-I do not mean to say that there were alterations in the tariff week after week-I was not at Cornhill for the sole purpose of any question of tariff; I was there for matters, as you have extracted from me, in connection with four different companies.
Q. Have you never gone to the instrument room, taken the file of received and forwarded messages, looked at them carefully, and immediately gone out again, without saying anything to any one?
A. I have done so, not frequently-it was not my habit-I should think I have not frequently gone into the instrument room, looked at the file of received and forwarded messages, and gone out again without saying anything to the superintendent, or any one else-I certainly have done so-at the distance of four years, I cannot swear positively, but my impression is, I have not done so without speaking to the superintendent-I may have gone to the file of messages, carefully read them, and left the room without speaking to any one; that is, carefully reading the message I was seeking, not the whole collectively-message is strictly the property of the party by whom it is sent, and to whom it is sent-we take every possible guarantee that in all our transactions privacy shall be strictly kept-I have availed myself of the messages precisely as the superintendent would-I mean in the same sense as any officer of the Company-I did so, because I was virtually charged, being at Cornhill constantly, and the bulk of my brother directors not being there, and a great many questions of detail arising upon the manipulation of messages, and the transmission of the telegraph business, upon which my opinion was formed by seeing the messages-I was constantly looking over the messages, in order to form my opinion as to how things were going on-in many cases I have read the messages-there were a great many messages to Paris; at certain hours of the day, scarcely anything else-at certain hours of the day the telegraph is almost conclusively confined to stock transactions between Paris and London-I can scarcely answer whether I used to read such a message or not-I might swear this, that I never read it with in object-I was certainly not in the habit of reading such messages-occasionally I must have read such a message among others-such messages are sent everywhere-the messages are all put together; one may be for Vienna, and the next for Paris, and the next for Turin; they all come in a lump-unless I went purposely to look, I should only see the top message; I must lift them up; they are in a sort of clip-I said that I had not given precedence to messages of Rothschild, with one exception; I did once order a message of his to have precedence-I do not know what message that was-Baron Rothschild's agent applied to me on two occasions during my connexion with the office since 1851, to allow precedence to be given to a message of his-the message to which I gave precedence was, to the best of my belief, a message destined for some long distance, and it was at a time when our wires were all broken down-that message is no doubt here-we have every message of Rothschild's tied up here, therefore it must be amongst them; but I do not know which it is-(papers produced)-I have now all Baron Rothschild's messages before me; here is one dated 3rd Feb., and one dated 4th Feb-I cannot tell whether this is the message to which I was asked to give precedence; the libel states that there is a memorandum on the message-I cannot say whether either of these is the message to which I gave precedence, I have every reason to believe not-there is no note of Evans on any one message; there is none on any of Baron Rothschild's-I have not myself looked over them all for the purpose of ascertaining it, but they have beep examined for that purpose-every message is numbered-they are numbered in the instrument room, but at what period of the history of the message I do not exactly know-it is the duty of the superintendent, or the person who receives the messages, to number them according to their order, but I do not know when they are numbered-of course, "first come, first serve" is the great principle upon which we go-there is no message here bearing any mark; all the messages are here that went through' the office on 3rd and 4th Feb-they are numbered consecutively, I do not know whether it is done as they arrive-I say so most distinctly and emphatically-if half a dozen messages are brought up from down stairs, from where the public have delivered them, I do not know by what machinery those messages are separated and numbered in the course as they arrive-they have consecutive numbers, and they are registered by those numbers-I think they have almost invariably the time on them at which they are sent, but I think not always-I do not know the date of Baron Rothschild's message to which I gave precedence, I have no recollection whatever-that was the only occasion on which I gave that precedence-I did not. myself go through all these messages before the summons was heard at the police court, to see whether I could find the message of Baron Rothschild-I gave instructions that it should be done by the officers of the Company-no message has been discovered which I recognize as the one I ordered to be so transmitted-I gave order for the precedence of that message, because. I conceived it to be a case in which I could do so without injury to the public, and without giving it any unfair priority over say other persons-I never did it in more than one instance; it was applied for in another instance, and refused-I may, in the case in point, myself have taken up a message of Rothschild's, and put it forward for transmission-I should think I probably did hand the message to the superintendent to send-I should think so, I cannot swear that I did-I cannot say how many I gave it precedence over; it is quite impossible for me to say; it is three years ago; it was done as a matter of favour to Baron Rothschild-I considered it perfectly justifiable, and perfectly not wrong-that may not be very good English, but that is what I mean-certainly, the bulk of my brother directors were not aware of it, because they were not there; whether the chairman was aware of it or not, I do not know; he was aware of the second case, because I was with him at the time, and we together refused the message on account of its having the price of the funds in it, and because it was not, therefore, a private message, we refused to give it priority-the superintendent brought me the message, with the request that I would give it priority, and I believe the observation was from him, "This message cannot go, because it has got the quotation of funds in it," and we said, "Certainly not"-Sir James Carmichael was with me-I should not think any other director was with me when I sanctioned the priority in the first instance, but I do not know-I know Mr. Woollaston-when the Company was first formed under the French law, it was formed in the name of the "Compagnie Woollaston"-he was one of the promoters; he was afterwards engineer of the Company-I am firmly convinced that I never, in his presence, took a message, not from Rothschild's, from a heap of messages, and gave it precedence-I can swear that my. firm belief is that I never did, that I have no recollection of it-I never, in his presence, gave precedence to a message of Devaux and Co. to Amie, at Paris; most certainly not-I have not any idea of doing so with a message from Uzzieli and Co.-I will undertake to swear that, in the presence of Mr. Woollaston, I did not transfer some messages from the bottom to the top, or from a low place in the pile to a higher, for the purpose of giving it priority-we might possibly have sent a service message, that is a message on the business of the Company, in priority of others-I emphatically say that I never did so with a message forwarded by parties to Paris, or any part of the Continent-I never at any time, after having so transferred a message, proceeded at once to a stock broker's office, from the office of the Company-I have, for many years past, been in the habit of speculating both in shares and in the funds; from 1848-I have no knowledge whether any other of the directors have been in the habit of doing so-I never joined any other director in speculations-I have not been in the habit of going from the office in Cornhill to my stock broker's four or five times a day-I may have gone there two or three times a day; I may have found the person out that I went to see, and come back-I cannot say that I have, immediately after looking at a pile of messages, gone over to my stock broker's-there has been no connexion in my so doing-I cannot, at this distance of time, say whether or not I have done it-I mean that I have not walked from the instrument room to my stock broker's in connexion with the business-I have certainly not, after looking at a pile of messages, gone direct to my stock broker's to give directions-I do not remember at any time a fall of half per cent upon a message from Constantinople-I have no recollection whether I bought or sold on that day-I do not know of my own knowledge whether I had any transactions on 13th Dec. or not-I do not keep books myself my brokers would; I have seen my brokers, and have asked them-I do not undertake to swear that I had not-I have not been curious enough to inquire whether there was a fall of half per cent on 13th or 14th Dec; I took it for granted that there was-no complaint was ever made to me by the Daily News; it may have been made to the office, but I do not know it-I have never selected Baron Rothschild's messages out of the heap or pile, and looked at them, and read them; I may have done so, from Baron Rothschild complaining to me of the detention of a message; he has frequently complained of his messages arriving later than other people's, and I have tried to ascertain the cause of it, and I may have gone to look at his message to see the hour at which it arrived-I am very intimate with Baron Rothschild-I have never sent any message down to Gunnesbury Park from our office-on one occasion I wrote to him, I believe, by a boy, and desired if he was not at his house in Piccadilly, that the note should be taken to Gunnesbury-that was on a Sunday-I sent a boy from the office with it-I was not in the habit of attending at the office on Sunday-I have looked at my diaries, and I find that I have attended in all six times on a Sunday-I have never sent to any of my intimate friends duplicate messages of telegrams that have arrived-I am sure of that-I think on one perhaps two occasions I forwarded an extract to my wife of the list of the killed and wounded-I never forwarded extracts from messages of a different character-I am quite certain I never did so with a message from a banker's at Paris, I swear it most solemnly-the complaint made by the Times was made to the then superintendent of the news department, Mr. Robinson-I do not know whether it was by letter-I wrote an answer to Mr. Mowbray Morriss, the substance of which I mentioned just now; it was an apology on my part for the mistake, the message having gone to a public source.
MR. SERJEANT BALLANTINE.
Q. I believe your wife is sister to Lord George Paget?
A. She is-he was out in the Crimea at the time-messages from the Continent are delivered in London in the language in which they are sent-a message from Vienna, in German, would be received in London in German, and would be delivered to the recipient in German-we do not now translate messages sent to us in English for transmission, but we did in 1852-the translation of a message will very often completely alter the number of words; it is very often impossible to translate a French message of twenty words into an English message of twenty words-I looked at the messages for endless reasons connected with the Working of the office; it is impossible for me to say that that was the reason of my looking at a particular message-there was no sort of secrecy about it; there were always ten or twelve persons there, looking at my doing so-I certainly never made use of any one of those messages for my own private purposes, nor have I ever published the contents of anything like a commercial or business message-I cannot recollect what the note was about that I sent to Baron Rothschild at Gunnesbury, no more does he; it was a private note, in relation to a private matter; it had no connexion whatever with the telegraph office; it was sent by a telegraph boy, because I had no one else to send; I paid him myself to go.
Q. We have been on the verge once or twice of having the explanation of what led you to authorise precedence to be given to a message of Baron Rothschild's?
A. I was stopped-my reason was this; I have no recollection whatever what the message was that I gave precedence to, nor do I know the date, but my impression is that when oar wires were all broken down, and there was a very large arrear of messages (it is stated in the libel there were twenty-five; very likely) there was a heap of messages that could not pass; my belief is, that Baron Rothschild's agent requested me to send a message, destined for some distant part, which it would not reach if it did not pass out of England on to other wires at a stated time; and my impression is that I gave precedence to a message destined for some distant part, and my conviction is, that it was a message of some private kind requiring an answer, and that there were special circumstances, and that it was not a stock exchange message, and not a business message, where other could be prejudiced in any way; that is my impression.
JAMES BOWEN. I was in Mr. Cadogan's service in Aug. last, but am not now. On Saturday, 8th Aug., from 4 o'clock to a quarter past, Thorn came and asked for Mr. Cadogan-it was at No. 138, Piccadilly-I told him that Mr. Cadogan was not within-he hesitated some time, and asked when he would be in-I told him it was very uncertain during the afternoon, but he would be in by 7 o'clock, and he said he would come at that time-he did so, and stayed some time-I showed him up into the drawing room to Lady Adela, and Mr. Cadogan came home and saw him-he went out, and came again at half past 9 o'clock the same evening.
Cross-examined by MR. ROBINSON.
Q. What time did he call the first time?
A. From 4 o'clock to a quarter past-I have no particular means of fixing the time, but that was about the time-I did not see Mr. Cadogan afterwards until I had shown Mr. Thorn into the drawing room-he was not at home when Mr. Thorn first called-I did not let him in-I do not know what time he came in-the hall porter attended to the door both times-he is not here that I am aware of-Mr. Cadogan and Lady Adela were only staying there for a time, and the call bell was rung for me-I was not prepared to receive Mr. Cadogan as soon as he came in-it was not my duty-Mr. Thorn did not see Lady Adela in the first instance--she was in the room when he went in at 7 o'clock-when he entered, he found Mr. Cadogan and Lady Adela too-Mr. Cadogan was in a small anteroom.
LADY ADELA CADOGAN . I am the wife of the Honourable Frederick Cadogan. We were staying at his father's house, in Piccadilly, in Aug. last-I remember a person named Thorn coming there on Saturday, 8th Aug.-Mr. Cadogan had made some communication to me on the subject of that person before he came, and in consequence of that, I remained in the room during the whole of the conversation which took place between him and Mr. Cadogan-he came about 7 o'clock-he brought a letter from Mr. Evans, enclosing one which Mr. Evans had written to the Times-he gave it to Mr. Cadogan, who read it out aloud at the window in my presence-he said that he thought it would be a damaging letter to the Company and Mr. Cadogan, and that he had better bring it to him-Mr. Cadogan returned the letter, and asked for a copy of it-he said he must consult a friend, and he would bring him a copy of it before 10 o'clock that night-he said that he had not seen Mr. Evans for four days, that he was ill in bed at Gravesend, and had sent him this letter-he had some papers with him, and the letter from Mr. Evans to himself I understood-he could give no particular reason why he came; he said he thought it would be damaging to Mr. Cadogan and the Company, and he thought Mr. Cadogan would wish to know of it; he said that he was the greatest friend of Mr. Evans, and was mixed up in heavy pecuniary engagements with him-Mr. Cadogan said he did not understand why he should come to him about it at all; Mr. Evans could send the letter to the Times-Thorn replied that he thought it would be to Mr. Cadogan's advantage, and that of the Company, that the letter should not appear-he was there about a quarter or half an hour-he came again about 10 o'clock I think-I was not present at the beginning, but I came into the room soon afterwards-he was then sitting at a table, copying the letter, which Mr. Cadogan held in his hand; he finished it, and gave it to Mr. Cadogan-he repeated frequently that he was under heavy pecuniary engagements with Evans and with other gentlemen at the west end of town, and that he was in Mr. Evans's power-I put my initials to the copy-this (produced) is it.
Cross-examined by MR. ROBINSON.
Q. How long did it take to write?
A. I cannot exactly say, because I was not in the room when it was begun-Mr. Cadogan had only been in the room with Thorn a few minutes before I came in-I expected Mr. Thorn-he said he would call on both occasions-I was first spoken to by Mr. Cadogan on the subject very shortly before Captain Thorn came; directly he came home-I did not come home with Mr. Cadogan-he came home it might have been a quarter before 7 o'clock-the only inmates of the house were myself, my children, and I think Lord Cadogan was living in the house, but he was not at home at the time-there was no governess-I made a note of the conversation a day or two before the trial came on last time at the police court-I was not present at the police court, I was-ready to be there-I cannot tell now when it was I made the memorandum-I do not recollect Mr. Cadogan making any memorandum-I have never seen any but my own-I wrote it on a scrap of paper I had by me-I have got it with me-Mr. Cadogan has never seen it-Mr. Thorn said that Mr. Evans had sent him a letter enclosing a letter that he had written to the Times-I last read my memorandum this morning-I do not think I have read it since-I do not object to your seeing it in the least-I understood Thorn to say that he was in Mr. Evans's power-he told Mr. Cadogan that he wished the communication to be considered private-I do not remember his mentioning Mr. Evans's name, saying that it was to be concealed from him, but he said he wished it to be private-I understood him to say when he left that, he did not wish to leave the letter at the Times-(Memorandum produced)-I cannot tell you on what day this memorandum was written, I do not recollect-it might have been written a week afterwards, I cannot say-I did not write it at the instigation of Mr. Cadogan at all-it was merely the suggestion of my own mind-I do not recollect that he said that he should be ruined if Evans knew that he had showed Mr. Cadogan the letter-he said that he was in Mr. Evans's power, and he wished it to be a private interview.
MR. SERJEANT BALLANTINE.
Q. Were you requested by your husband to be in the room with a view to noticing the conversation?
A. Yes, and I am sure it is correct.
Q. I understand you to say that this was made before Mr. Cadogan went to the police court?
A. I believe it was, but I cannot recollect-I wrote it one evening, in case my memory might fail me on any little point-my impression is that it was before I went to the police court.
MOWBRAY MORRISS . I have produced the letter to the Times, written by Mr. Evans; it was left at the office, I think, on Monday, 6th Aug., but I forget the day of the month-I afterwards received a communication, and as the matter was to have publicity in another form, I did not publish it.
Cross-examined by MR. SERJEANT TARRY.
Q. Did you receive a message from Evans several days before that?
A. Yes, it was on the previous Tuesday-I think that was the day that the letter of Sir James Carmichael appeared-I received a telegraphic message from Mr. Evans; I do not think the expression, "Inserting that letter in the columns of the Times was used-I am not the editor; I am the gentleman to whom application should be made, if a letter was to be answered-it was from Gravesend; to the best of my recollection, I was under the impression it came from Rochester-I made a complaint to the manager of the Company as to the use of a message belonging to the Times-I had previously received a communication from G. M. Smith, of the Daily News, and it was in consequence of that that I communicated with the Submarine Telegraph Company-the communication was addressed to Mr. Robinson, the manager-I received an answer from Mr. Cadogan, one of the directors-I have not got it, I have mislaid it; this is a copy which I have examined with the original letter-(Read: "Submarine Telegraph Company, No. 30, Cornhill, 12th May, 1857. My dear Sir,-In reply to your letter to Mr. Robinson, I must beg to take the whole responsibility on myself of a mistake which occurred yesterday, in sending the summary of the Indian mail to the Clubs. I came into the office, and, seeing a dispatch of foreign news from M. Haverse, from Paris, which he sends to us under a private arrangement, I concluded that the Indian news was part of this, which I was desirous of sending to the Clubs, as a specimen of what we could do for them. It was only on my arrival here today that the superintendent informed me that he had obeyed my orders in forwarding this summary; but that it was from Lloyd's, and was the property of the Times. My intention was to have called on you to-day, which I will do soon after 3 o'clock, to explain the mistake, and my regret that it should have occurred. Yours very truly, Fred. Cadogan")-I knew Mr. Cadogan personally-I saw Mr. Evans on the Monday, when the letter was brought to me; he showed it to me, and I read it, and made one or two very slight alterations for the purpose of rendering it more grammatical, but not altering the sense in any way; he showed me a letter written to him by the authorities of the Submarine Company, at the time he left their employment; it was in the nature of a testimonial, and he also showed me a book which he said contained memorandums of the transactions of the Submarine Telegraph Company when he was there; I did not read any of it, though he offered to read some extracts to me-a good deal of conversation passed between us on the subject-I asked him how it was that the letter had been so long delayed; he said that he had given it to his friend, Captain Thorn, on Saturday, to deliver-I said, "How came it in your possession again?"-he said that on his arrival in London, on Monday morning, he found the letter addressed to him by Captain Thorn, which very much surprised him-I asked him if he knew what had been done with the letter in the interval, because I did; he said that he did not, and I think I asked him if he would be very much surprised to learn that Mr. Cadogan had seen it; he seemed to me to be slightly embarrassed, and said that he should-I then told him that his friend, Captain Thorn, had in the interval taken the letter to Mr. Cadogan, and given him a copy of it; and that under those circumstances, until that conduct of his messenger was explained, the Times would have nothing to do with his letter-I do not know whether I put the question to him point-blank whether he authorised it being shown, but he most distinctly stated to me, that Captain Thorn had no authority from him to give the letter to Mr. Cadogan, or to anybody else; that he stated very distinctly, and he reiterated it several times.
MR. SERJEANT BALLANTINE.
Q. Did he desire to have the letter published in the Times at that time?
A. He did, and I objected that it had been in the hands of Thorn, and used in that manner-Mr. Cadogan had not before told me something about him, but I was well informed of every thing that had been done-I told him that the transaction was very suspicious, and if he wished publicity to be given to the letter, he should clear himself of the imputation that that letter had cast upon him; and I recommended him to go to Captain Thorn, or to write to him, and to obtain from him a very distinct statement in writing, that he had acted without instructions from him in going to Mr. Cadogan-he went away, stating that he had no doubt he should obtain it, and no further conversation took place at that time-I did not know either Thorn or Evans at the time of the conversation-I was acquainted with all the circumstances from Mr. Cadogan, and through other channels-what took place at Mr. Cadogan's did not reach me directly through him, but he communicated it to the person who communicated it to me, one of the gentlemen connected with our paper.
MR. SERJEANT PARRY.
Q. Did you see Mr. Evans afterwards?
A. Yes-he came and showed some letters to me on the following day-I have not got them-he read them to me-he showed me a letter, or copy of a letter, that he had written to Thorn, and a letter which Thorn had written to him in reply.
(The libel was here read, as follows:-
"August 6th, 1857. To the Editor of the Times. Sir,-Having read with great care Sir James Carmichael's letter in your paper of the 4th inst., and which I presume is intended as a complete answer to your article appearing, under the head of 'Money Market and City Intelligence,' on the 1st inst., I come forward, upon public grounds, to answer one part of the same, and will direct my attention to the sixth paragraph of Sir James's letter, which states, 'Of the cause of the delay of the messages to the East India House and Lord Clarendon, I as yet know nothing, and consequently (unlike the Times) will not hazard an opinion, or even a suspicion. But I do know that during the Crimean war, the submarine telegraph wires were not found at fault in their part of the important duty of conveying the messages of the British Government; and I may also venture to state that, since the establishment of our first telegraphic communication with France, no person in the service of this Company has hitherto been suspected of betraying the trust reposed in him by the public, nor has any message been either tampered with or delayed in any one of our offices, though, of course, we have been liable to our fair share of delays from accidental causes, for which we expected and received blame.' Now, Sir, I beg to say that I was superintendent of the instrument rooms of the Submarine Telegraph Company, at 30, Cornhill, from the 5th Nov., 1852, until I resigned my appointment, in July, 1854; that during the above period one of the directors of the said Company, viz., the Hon. Frederick Cadogan (now, I believe, the deputy chairman) was in the habit of visiting the instrument rooms, and waiting in the board room daily, say from 11 A. M. till 3 or 4 P. M., and I had special instructions from him to send up all messages of importance for his perusal; and, as a consequence, I can instance one particular despatch from Lord Stratford de Redcliffe to Lord Clarendon, dated Constantinople, Dec. 3rd, Vienna, 13th, and received by us via Brussels, when, within half an hour after the message had been seen by the Hon. Frederick Cadogan, the funds fell half per cent. He suddenly quitted the office, and we almost directly received a message from Eversheim, London, to Jacqueman, Paris, touching this particular fall. There could be no possibility of these parties having obtained information only through us; and I am positive no clerk quitted the office during that time. That the said Hon Frederick Cadogan frequently looked at the contents of an Indian telegraph received from Austrian Lloyds, Trieste, addressed to the 'Times,' London, being forwarded to the Hon. Frederick Cadogan, at Brooks's club. Another time I remember forwarding the contents of a despatch to Mr. Seymour Clarke, by order of the Hon. Frederick Cadogan. Again, on the arrival of some important Continental news, there occurred a rise, or fall, in the funds (for the moment I cannot say which). The result was, that at about noon there was a rush to the office by the first stockbrokers of the day. The Hon. Frederick Cadogan, being in the instrument room, said, 'Well, Evans, are you busy?' I replied in the affirmative, whereupon the said Hon. Frederick Cadogan took up a batch of about twenty-five messages, lying by the side of the Paris instrument, for transmission, taking out from near the bottom a message from Rothschild, London, to Rothschild, Paris, which he placed on the top of the pile, requesting me to give it precedence, although all those which he desired me to jump over were upon the same description of business, and to the same place, viz., Paris. At the time, I told Mr. Cadogan that, all messages were sent in the order received at the counter, and that it was doing the public a great injustice; yet he desired me to do so, and I of course obeyed his commands, which can be proved if the Submarine Company will permit a reference to their file of forwarded messages, as the original message paper has a note of mine in ink with regard to these facts, and I challenge the, Company to produce it. I have not stated a single fact in this letter but what I am in a position to prove by officers or servants who now are or have been in the Company's employ, and by reference to my diary of these circumstances I could add more, but for the present will be content with the foregoing statement, which I think, Sir, you will agree with me, completely answers the paragraph I have quoted from Sir James Carmichael's letter, and, I also think, will prove to the chairman and directors of the Submarine Telegraph Company and the public, that you do not 'hazard opinions based upon rumour only.' I in close here with the testimonials I received from the Company on resigning my appointment, and remain, Sir, your obedient servant, Thomas D. Evans, late superintendent of the Submarine Telegraph Company's instrument rooms, 30, Cornhill.")
The following Witnesses were called for the Defence.
DR. YOUNG. I am a physician, at Gravesend. I recollect attending Mr. Evans on 3rd Aug. last-he was confined to his bed on that day-I attended him occasionally, from that time until the 18th, not constantly-to the best of my recollection, he was in bed on 4th Aug.-I have here a memorandum which I made at the time-(referring to it)-on 3rd Aug. I visited Mr. Evans at night-on 4th Aug, he was in bed, by my wish and desire-I think possibly he was in London on the 5th; I am not certain of that-I saw him on the 5th, 6th, 7th, 9th, 11th, and 13th-on the 6th and 7th I believe he was still very ill-on the 9th I think he was better; he was still ill, but not confined to his bed.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. Are you quite sure that you saw him in bed on the 4th?
A. Certainly-he could not have been in town on the 4th, I saw him morning and evening-he may have been in town on the 6th, but I saw him on that day; I think at his own house in the morning-I cannot say that he was not in town on the 6th.
MR. SERJEANT PARRY.
Q. Neither can you say that he was?
A. No-I believe he was not in bed when I saw him on the 6th, but he was still very ill; he was lying on the sofa-I believe he had diarrhoea, he was very ill indeed.
Q. What time did you see him on the 8th?
A. I do not know-I saw him on the morning of the 7th-he may have been in town on both those days. (Adjourned.)
(New Court, Wednesday, Oct. 28. The Queen v. Evans and Thorn, continued.)
CHARLTON WOOLLASTON . I am an engineer, and reside near Derby. I was formerly connected with the Submarine Telegraph Company-I was in conjunction with the promoters, Messrs. Brett, and I acted with them in carrying out the Company-I am still engineer to the Company-I recollect the time that Evans was in their employment-I do not recollect the date of his engagement-I was a director in July, 1852, for six or eight weeks-I left the directorship in Sept.-I was very seldom in the instrument room where Evans was employed, but I was on some few occasions-I have seen Mr. Cadogan in that room-I was seldom there without seeing him there-I have seen him on more occasions than one, what I should call deliberately reading the messages over-I cannot fix the time, but I should say it was between July, 1852, and Nov., 1854, and on one occasion I saw him take a message from below others, and place it on the top of the messages to be sent-I saw the message, and can give the substance of it-I cannot fix the date; only by the subject, when certain negotiations were going on, and therefore I think it must have been Sept. or Oct., 1853 or 1854-I am now referring to a memorandum, nothing whatever to do with the message, but of the time when certain negociations were being carried on-I should say that it was between June and Oct, 1854-I did not see the person who brought it-I was in the Instrument room-my attention was merely attracted to the document in consequence of seeing it transposed-I believe Mr. Evans was in the room.
Q. Have yon any doubt about Evans being in the room at the time?
A. I say I believe he was, I cannot say he was-I had so very little to do with Mr. Evans, but I believe he was superintendent of the room at the time, and present at the time-I do not recollect what time he left that night-I was not aware of his having left till some little time afterwards-(A notice to produce the message in question was here put in)-I know what the duty of a director is from having been one, and having been connected with the Company since-I should say that it certainly is not the duty of a director to interfere at all with the messages-I saw none of the other directors interfering with the messages at all while I was in the instrument room-I had never seen any of the directors interfering in the instrument room-I may perhaps have seen a director come in, but certainly not interfering, either transposing or otherwise, and I do not think I ever saw any other director read a message in the room-I have seen Mr. Cadogan come in and look at the messages, and go out very shortly, without transacting any business in the instrument room-I have not seen him go to a stock broker's while I have been in the instrument room, I could not, but I have seen him go to the stock broker's when I have been outside the instrument room, during Evans's employment and certainly more than once-I have seen him do it more than once in one day-I have seen him leave the instrument room door, and go into a stock broker's door twice in the same day, and I have seen him go into the instrument room, and then half an hour afterwards have seen him in the stock broker's.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. Then yon will be able to inform my friends, or those who are conducting the case; the name of the stock broker?
A. Lowndes, Surgey, and Hankey, it is, I think, now; it was Lowndes, Surgey, and Bullen before-I do not know that I have told them that-they certainly have never asked me, but I do not know whether I have mentioned it-they had it in writing from me that I had seen Mr. Cadogan more than once come from there-I know the stock broker by sight-I saw him here yesterday-he was going to be subpœnaed here-I was told, in Mr. Evans's presence, that the stock broker was to be subpœnaed, either Lowndes, Surgey, for Hankey, and I saw one here yesterday, and I think I saw one going out this morning-I did hot follow him to his office-it is at No. 3, Exchange Buildings, perfectly within view of the telegraphic office-I am not in the habit of examining the messages, and reading them over and over again-I have read some, but I think my evidence said, to interfere with the messages-I certainly think it contrary to the duty of a director to read the messages-if a director reads a message in the instrument room, I conceive it is no harm-I should not consider it against his duty to read it-I do not think it is contrary to their duty to read the messages-I have not read them over and over again-I can swear that-I should say that I have not, certainly not-I must tell you that when I was a director, the instrument did not exist where it does, nor in London at all.
Q. But your eyes existed where they do, and I want to know whether you used them to read the messages?
A. I should say certainly not-I have read several-I should think a week has very possibly passed when I have never looked at one-I looked at them from curiosity-I looked at private messages while I was a director, because they were there-while I was a director I have read private messages out of curiosity, when they were before me-I read them for no purpose whatever.
Q. Did you read them from curiosity?
A. I can only say that I read them with no object-I made use of the expression that I read them from curiosity, but it was without any object at all-I never was in the room, but without some other object than to see messages-I read them, because they were before me, and I may have read a few on several occasions-I volunteered to come here and give evidence-the first mention of it I heard was the day the trial was to come on-Mr. Cadogan and I have never been friends in our lives-he did not order me out of the instrument room-I have been informed by Mr. Evans that Mr. Cadogan has on more occasions than one asked him, "What is he doing in the instrument room?"-I know that the general order is that no person should go in without the orders of the secretary-I did not apply for any order, it was not necessary; when my duty called me I went in-I have not avowed that my feeling towards Mr. Cadogan is a very angry one, nothing of the sort-I never recollect to have made use of such an expression as that I would punish him if I could, or serve him out-I will swear that I have not done so within the last twenty-four hours, or within the last week-you asked me if I did it, I say I have no recollection of it, and I believe I never have-I think I will go as far as to say I never have, that is my answer-I should say I have not said that I had a strong personal feeling against Mr. Cadogan-if I am to say what my feelings may be, I will-I will not swear that I have not said that I have a strong personal feeling against Mr. Cadogan, but I believe I never have.
MR. SERJEANT PARRY.
Q. As regards the evidence you have given, have your personal feelings induced you to tell us that which is untrue at all?
A. Not in the least-I am still one of the engineers of the Company, there are two-I have had no personal altercation with Mr. Cadogan-I first volunteered the information I have given, about a month since, the date that the trial was to have been-I communicated with Evans's solicitor, and said that I could give such and such evidence if it would be of any use-I do not know whether Mr. Lowndes or that firm are, still the stock broken of Mr. Cadogan-I have never been ordered out of the instrument room by Mr. Cadogan, or any other person-the only occasion when I can recollect when I have had business there was when the communication wires had been in some way deranged, and as engineer of the Company it has been my duty to see them rectified-I have never been in that instrument room in any other capacity but in the course of my duty-I have never transposed a message; it is contrary to French law, and to the charter and deed of settlement under which this Company is settled.
Q. If the messages between June and September were produced, could you point out the message in question?
A. The date I am quite confident of, and I believe I could point it out-if the message was within those dates I certainly could-I will go as far as to say, that I believe I could find it between the beginning of July and the end of September-I perfectly well recollect the subject of it-I have not acted since the date which you are now speaking about, not since October, 1854-there never was any salary attached to the appointment-(The defendant Evans was here permitted to search the file of messages for the message from Messrs. Rothschild, which was said to have been transposed.)
ALBERT DAIMOND EVANS . I am a brother of the defendant Evans, and am clerk in the Admiralty, at Somerset House. On Saturday, Aug. 8th, my brother and Mr. Thorn came there to me, between 3 and 4 o'clock-my brother showed me the letter the subject of this inquiry-this (produced) is it-it was in a sheet to the best of my recollection and belief, half a sheet of foolscap-this would make a sheet if it was put together, and I believe it is the letter; yes, it is-I had been in the employ of the Submarine Telegraph Company, from the opening of the first cable to France, and remained from Nov., 1851, till Jan., 1856, when I resigned my appointment-my brother and Mr. Thorn left about a quarter to 4 o'clock, as near as possible-I was appointed assistant superintendent at Liverpool-previous to that time I was clerk-during that time Mr. Cadogan was in the office daily-his not being there was quite an exception, unless he was out of town-he never remained long-I have known him come in and out of the instrument room three or four times in the course of the day-the messages that are transmitted are on the file, and those that are received are by the side of the instrument, in a heap, if there is any delay-if the clerk does not take quickly, or the wires are in bad order, there will be about twenty or thirty-if a message is received from Brussels or Paris, or any part of the world, it was the duty of my brother and myself to send that message off-Mr. Cadogan had no duty to perform in sending off messages, or. in their transmission from here elsewhere-I have seen him go to the messages during the time I have been acting as assistant superintendent, and have seen him take up the forwarded and received messages, and look most minutely through them, reading the contents of nearly each-I have also seen him come and refer to the messages, and without saying a word, he would leave the room with his hat on, and his overcoat-I have seen him do that daily-I know of no matter of business relating to the Company that would render it necessary for Mr. Cadogan to do what I saw him do-it is no part of a director's duty; as in that case a superintendent would be unnecessary-I have never seen any other director do what I saw Mr. Cadogan do-he has given directions to me when leaving for the day; he has said, "Evans, if anything of importance arrives, send it to my house," meaning his private residence, and I have frequently done so; and during the day he has frequently said, "Evans, if anything of importance arrives, I shall be in the Board room"-the messages that I took were any that contained important news, whether addressed to the public, the government, or the press-any message that contained important news-I have made extracts from them in my own hand, and have sent them in an envelope to his own private residence-that was done by his instructions, distinctly-I have also seen him come in with his hat on, refer to the messages, and return immediately-he has frequently not given any orders-he did not say a word, but looked at the messages, and went out-when the House of Commons' Office was open, and communication was made to the Clubs, at Mr. Cadogan's wish, I was sent to the House of Commons, which was in connection with the Cornhill Office, and also with the Clubs-on one occasion Mr. Cadogan came in from the House of Commons in his wig and gown, into our telegraph office, and asked me to telegraph to Cornhill, and asked if there was any news-I remember a dispatch being received relating to news from the East-it was a Times dispatch, to the best of my knowledge-it was sent to Brooks's club by Mr. Cadogan's order-I recollect the circumstance well, from the word "phases" being used in it-I thought it was "phrases," and Mr. Cadogan said, "No, no, 'phases' is correct"-I was also superintendent to the British and Submarine Telegraph Office at Dover-Mr. Cadogan came there once, I believe in passing to the continent-I cannot say that I have ever seen Mr. Cadogan move a message from the bottom to the top of the file-I have never seen any of the other directors deal with the messages in the way that Mr. Cadogan has-I have been nearly two years a clerk at Somerset House-I believe it is the practice of the Company to keep all the messages that are received; at all events for a certain number of years-if the file of messages of 3rd Feb., 1854, were produced, the numbers ought to be consecutive-there ought to be no gap-(Looking at the file) message 103 is not in it's place, if it is here; nor is 105, nor 114, nor 140, nor 147-these are forwarded messages received at the Circus Office, not at Cornhill-numbers 101 and 102 are here, and 103 should follow in the ordinary course; 104 is here-Mr. Thorn did not take any part in the discussion between me and my brother; in fact he was not present when my brother showed me the letter; he was six yards away-I anxiously looked in the Times of Monday for the letter.
Cross-examined by MR. ROBINSON.
Q. I believe Thorn was apart; he was smoking a cigar, was not he?
A. He was certainly apart; I cannot say that he was smoking.
MR. SERJEANT BALLANTINE.
Q. You stated that you knew Mr. Cadogan for a considerable time; did you mean to convey to the Jury that you considered that Mr. Cadogan having examined the messages in the way you have stated was wrong?
A. I do not certainly think he was right-I did not get the place I hold in the Admiralty from Mr. Cadogan, that I am aware of, certainly not-I am not aware that I applied to him, and that he recommended me to Mr. West, the secretary of the Admiralty, who got me the appointment-I did not apply to Mr. Cadogan to assist me to get the place-I told him that I was applying, because when I resigned my situation, he wrote a private letter through Mr. Courtenay-he said, "Are you aware that the situation you are applying for at the Admiralty is only that of an extra clerk, and that at any time you may be dismissed?"-I believe I replied that I did know it-I do not know how he came to interfere, and remind me that it was only an extra clerk's place-I did not know that Sir Charles Wood's secretary is Mr. Cadogan's cousin, till this moment; and Mr. West was not secretary when I got the appointment-I saw my brother last on Aug. 8th, when he left my office in the Admiralty, at a quarter to 4 o'clock, with Mr. Thorn-he looked exceedingly ill, and said that he was anxious to go home on account of being ill-I will swear that I did not hear from him afterwards, where he went to-I do not recollect that I asked him-I do not know that he went to Leicester Square, and do not know from him that he dined with a person named Van Bury-I know Van Bury, I saw him here yesterday-I have known him as long as I can recollect-he keeps an hotel or tavern opposite Drury Lane Theatre-I do not know whether it is the Prince of Wales-I have never known Thorn intimately, but casually, to say, "How do you do?"-I have known him about eighteen months, perhaps-I had nothing whatever to do with him at Marylebone police Court-his name is Henry James Thorn-I was not summoned with him-I have heard of this before-I was never at a police Court in my life-I have seen Thorn sometimes with my brother, but not often-I know nothing whatever of his pecuniary engagements-I have nothing to do in pecuniary matters with my brother-there were not eight piles of messages at the office-there were not two piles for each instrument-there were only the piles of messages at the time I spoke of-they are divided into the received and the 'forwarded-there were only two instruments at the time I speak of-there were three or four instruments when I left.
MR. SERJEANT PARRY.
Q. Is there the slightest pretence for saying that you were charged with an offence at a police Court, or elsewhere?
A. Never in my life.
THOMAS MARK . I was in the employment of the Submarine Telegraph Company from the beginning of Dec. or Nov., 1852, till Oct, 1853-I am now employed at the telegraphic office at Gravesend-that was in communication with this Company-I am not quite certain whether I remained in the employ of the Submarine, or whether I was a European servant-I was employed in the instrument room as instrument clerk-I knew Mr. Cadogan, one of the directors, and now the vice-chairman-I remember his coming into the instrument room-he used to come in sometimes twice or three times a day-other directors came in, but I did not notice whether they came in as often-I have seen the clip of messages handed to Mr. Cadogan by Mr. Evans, and he has taken them, and turned them over, and appeared to read them-at that time messages containing news were coming into the office from the Continent every quarter of an hour-when he came into the office in that way, I think I may say that he generally looked at the messages-supposing this was a pile of messages by the side of the instrument ready for transmission, they would lie face uppermost, to take their turn, and he would lift them up, and turn them over like this, and appear to read them-I have not seen him at any time come in a hurried manner into the instrument room-I have not taken notice.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. Were some messages from Brussels, some from Paris, some from Germany, and some from France, or would they be English messages?
A. No; the Brussels line was not open at that time-I think, the one at the Circus, in London, was open-I cannot remember whether the messages would have to be distinguished-I am in the employ of the Magnetic Telegraph Company now-I was passed away from one Company to the other-I believe I am now in the service of the Company, of which Mr. Cadogan. is a director.
MR. SERJEANT PARRY.
Q. Did Mr. Evans make any communication to you, and when, as to the publishing any letter in the Times?
A. The first time I had any idea of it was having to receive the message-the servant: brought it down from Mr. Evans's house, at Gravesend, for me to forward to London, for this particular trial which is on now-I think it was on 4th Aug.-besides receiving the message, I saw Mr. Evans on 4th Aug., and be made a communication to me about publishing a letter in the Times-I am not sure; I think it was on Tuesday, 4th Aug.; but on the 6th there was another communication in the afternoon.
MR. SERJEANT BALLANTINE.
Q. Do you mean that there was a telegraphic message sent to your office relating to the letter that Evans was about to publish in the Times?
A. No; it was saying that if Mr. Morriss, or somebody else, would meet him at the Times office, he could give a direct explanation to Sir James Carmichael's reply-I do not think that was put among the other messages which would be examined by Mr. Cadogan, because I think Mr. Cadogan did not go to No. 72, Old Broad-street, so much as he did to Cornhill-that message would be known to some of the persons in the employment.
MR. SERJEANT PARRY .
Q. Was it a message from Gravesend?
A. was so informed; he could send it.
RICHARD HUGHES . I am a clerk in the secretary's office of the South Eastern Railway Company. From July, 1853, to Aug., 1854, I was in the service of the Submarine Telegraph Company, Cornhill-I was clerk and writer to the Brussels and Paris instrument-when I left that situation, I went the next day to the one I now fill-I know Mr. Cadogan by sight as a director-I have seen him come into the instrument room-when he has been in town he has come in mostly every day, and two or three times a day-he used to walk into the office, take up the file of messages and look at them-he held them in his hand long enough to read them-he generally did so-he had nothing to do with the transmission or receipt of messages-there was a regular set of clerks and a superintendent, who attended to what was done in the instrument room-Mr. Cadogan had no business to interfere with the messages that I am aware of-I cannot remember that I have ever seen him come into the office, read the messages, and go out, without saying anything.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. You are not now in the employ of the Company?
A. No; I left in Aug., 1854-there were two rooms, and I think there were three instruments in one, and three in the other-they did not keep the messages by the side of the instruments-they would prepare a file of all foreign messages forwarded, and all foreign messages received-they only used to keep piles of messages in the office, not files-the messages received would be placed at the bottom-Evans has not come to the Electric Telegraph Office since he left while I was a clerk there-he never made any application about messages-I never saw him after I left-I had a brother in the employment-he is not there now.
JOHN WATKINS BRETT . I am a director of this Company-it is not the duty of a director to be continually examining received and forwarded messages; I should say that it might be necessary at times-I am not able to limit what Mr. Cadogan might consider his duty, but I should not think it necessary on my own part to go two or three times a day into the instrument room to examine the messages-I was not in the habit of doing that-I understand that a great many of the clerks in the employment of our office are here, nearly the whole of them-the clerks to be appointed are generally brought before the Board after their character has been inquired into-it is the appointment of the Board with regard to the general clerks, and no clerk is admitted without the subject being brought before the Board-I cannot remember any particular complaint by Mr. Evans about Mr. Cadogan-I have a recollection of his making a remark in the office-I have no recollection of Evans complaining about it in Mr. Cadogan's presence-I reside in Hanover Square-I remember Evans calling on me there a long time since-I do not remember his bringing the order book-I recollect a matter being brought before the Board, in Mr. Cadogan's presence, relating to Evans's dismissal-I have not the slightest recollection whether anything was said at that time by Evans, in Mr. Cadogan's presence, about his dealing with messages-transposing any message from the bottom to the top is quite contrary to the rule-I did not hear of his transposing a message of Rothschild's until this inquiry.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. I suppose there might be a particular message of great importance, to which he would give precedence?
A. It might be done, if it was thought not to injure the business, and not contrary to the good faith of the Company, or affecting the public-Evans complained, at the period of his dismissal, that he thought he was treated harshly by Mr. Cadogan; I thought it referred to Mr. Cadogan-I had a very good opinion of Evans, as a very faithful servant-I cannot bring it to my mind that I ever remonstrated with Mr. Cadogan on his going into the instrument room-I have no other duties than those of a director, and when I am in England I am generally there, and for the first two or three years I was a great deal there-I am assisting in carrying out the Mediterranean telegraph, in connection with the electric telegraph-during the early part of the business, Mr. Cadogan and Sir James Carmichael certainly worked very hard, and were daily at the office in many instances.
MR. SERJEANT PARRY. Q. You say that Evans complained of Mr. Cadogan having ill-treated him; was that to the Board?
A. There was something took place at the Board-from having heard it in Court, I have tried to bring an instance to my mind of Evans complaining of Mr. Cadogan having come too frequently into the instrument room, and have not been able.
SEYMOUR CLARK . I do not know Mr. Cadogan.
WILLIAM WEST . I was formerly in the employment of the Submarine Telegraph Company; I left on 11th July last-I entered the Company in 1853, as messenger; I was afterwards employed on the line, and since that I have been assistant porter about six months-I have often seen Mr. Cadogan come into the instrument room-in 1852 the instrument room was altered from where it is now; there was a long passage to it, and it was my duty to take messages along that passage, and I have seen him go into the room often-I have seen him read the messages, I may say several times, but being a messenger I had not the opportunity always-I was not employed in the instrument room, and was very seldom in there, but it was my duty to be there to take messages-I have taken messages up to Mr. Cadogan's private house frequently, but I took parcels principally, which were left at the office, but I have taken messages and notes-I have seen Mr. Cadogan there, lately, as late as 12 o'clock at night.
Cross-examined by MR. SERJEANT BALLANTINE.
Q. Do you recollect the night service being opened?
A. Yes-it was in March or the beginning of May that I saw Mr. Cadogan there at 12 o'clock at night-in Jan., 1854, the office was open at night for anybody to receive messages, and I was there to take them; it was in May-I never saw Mr. Cadogan in the earlier part, but I heard he was there.
FRANCIS EDWARDS . I am one of the directors of the Submarine Telegraph Company-I am not solicitor to the Company; I am a solicitor-I take no active part, I am a sleeping partner in London and Bristol-I have not given any evidence to the attorney for the defence, I have merely received a subpœna-from 1852-to 1854, I scarcely missed a Board meeting-I went into the instrument room very seldom indeed, not once in six months-I never on any occasion read the forwarded and received messages-no complaint has been made to me of Mr. Cadogan dealing with the messages under any circumstances-I know that he was in the habit of going into the room, but not so frequently; I had no means of knowing it-he never stated at any of the Board meetings that he was constantly in the habit of reading the messages-I should say that it would be unquestionably wrong to transpose a message, and give priority to it, except under some very extraordinary circumstances-the proper judge of that would be, I suppose, under ordinary circumstances, the Superintendent, the Chairman, or the deputy chairman-if a message was transposed, it would be known in the Superintendent's office-I never until yesterday heard of a message of Rothschild's being transposed by Mr. Cadogan.
MR. WETTENHALL. On 13th Dec, 1853, the funds fell three-eighths per cent., and about the same on the 14th (looking at a book).
Cross-examined by MR. SERJEANT BALLANTINE.
Q. Then the first fall was on the 13th, was it?
A. Yes, there was three-eighths per cent, fluctuation each day, I mean a fall-955/8 was the highest price, to 951/8; that is half per cent, fluctuation-the closing price on the 28th was 943/8-they opened on the 13th at 94¾, and closed at 94¾.
MR. SERJEANT PARRY. Q. I suppose the fall was intermediate between the opening and the close?
A. No, they opened at 94¾, and closed at the same-94¾ was the lowest price on the 13th, and on the 14th they went to 94½, that is, a quarter per cent lower, and closed at 94¾, which was the same again.
Q. I understand you that there was a fall of three-eighths on the 13th, and again on the 14th?
A. The closing price on the 13th was 95¾, and on the 14th 94¾-the fall on the 13th was maintained on the 14th.
GUILTY .- Confined Twelve Months each.
72, South Audley Street, St George Hanover Square, Westminster
Frederick Cadogan - Head - Married - 39 - Barrister Not Practicing - France
Charlotte Cadogan - Daughter - 8 - 1853 - St. George, Hanover Square
Granville Pl, Marylebone, London
Frederick Cadogan - Head - 52 -
Adelaide Cadogan - Wife - 51 - Staffordshire
Charlotte Cadogan - Daughter - 18 - London
Ellen Cadogan - Daughter - 17 - London
Margaret Cadogan - Daughter - 15 - London
Henry Cadogan - Son - 12 - London
72, South Audley St, St George Hanover Square
Frederick Cadogan - Head - Married - 59 - Deputy Lieutenant - Paris
Adelaide Cadogan - Wife - 60 - 1821 - Longden. Staffordshire
Henry G.G. Cadogan - Son - Single - 27 - Diplomacy - St. George, Hanover Square
Charlotte - Daughter - Single - 29 - No Profession - St. George, Hanover Square
Ethel - Daughter - Single - 28 - St. George, Hanover Square
Margaret - Daughter - Single - 26 - St. George, Hanover Square
48, Egerton Gardens, Kensington
Frederick Cadogan - Head - Widower - 78 - Living on own means - J.P. - Paris, France
Ethel Cadogan - Daughter - Single - 47 - London
Honoria Cadogan - Sister - Single - 87 - 1814 - Palermo Italy
Frederick William Cadogan, D.L., J.P.