The Express.
London, England, 1853-12-20 00:00:00

MIDDLESEX SESSIONS.-MTESDAY.

The sittings of the court for the December General Ses-
sion were resumed this morning at the Guildhall, West-
minster. by adjournment from Clerkenwell, before Mr.
Serjeant Adorns, Mt. Witham, and a bench of magistrates.
There were 79 prisoners for trial, of whom 76 were com-
mitted on charges of felony.
John Donoghue, 47. pleaded guilty to a charge of having
felonibuslv embezzled the sums of 121. lls. 3d., 71.,11. 9s. 2d.,
221. 18s. 9d., and other sums, which ha had received for and
on account of Thomas Mordell Smith and William Mate,
his masters and employers.
The prosecutors in this case carry on a very extensive
business as tallow-chandlers at Kensington, under the name
of Tucker and Co., the original name of te firm, and the
prisoner was in their employ so money-collector. He bad
mixed himself up with betting-office transactions to some
extent, and had made use of money he bad received on his
employers' sceount for the purpose of speculating upon the
resslt of horse-races.

Mr. Woollett appeared for the prisoner, and having
addressed the court in mitigation of punishment, called
Mr. Smith, the prosecutor, who said he was sorry he had
felt himself compelled to prosecute in this case. The pri-
soner had been in the employ of the firm 13 years, and
altogether he had known him about 20 years. The cha-
racter of the prisoner had been irreproachable up to these
transactions. He had collected between 40,0001. and
50,000/. a year for the firm ; he had a wife and eight
children to support, and he bad been the trustee of a cha-
ritable fund amounting to 2001., which he had not in any
way misappropriated. The defalcations amounted to about
601. Witness most strongly recommended him to mercy,
and if the court would deal leniently with him, he would
ensure that at the expiration of his sentence he should leave
the Pantry.
A betting book found oa the prisoner was handed up to
the court for inspection.
The Assistant Judge said this was one of the most painful
Cane he had ever had to deal with. It was a most sad
thing to see a nun who had maintained so high • character
with his masters in such a position. One of them had come
forward, and with the true spirit of an Englishman, not
only recommended him to mercy, but intimated that when
the term of his punishment had expired, he would provide
him with the means et leaving the country la order that
in another clime he might redeem hie lost position.
Notwithstanding the great confluence which had been re-
posed in him, as was evidenced by the amount of money
annually passing through his hands, he had become con-
nected with those vile betting places and had placed his
name to bills for his losses, and when be found he could
not pay them, he used his masters' money for the purpose.
This was sot one of those cues where a high character
had been made the screen for systematic theft, which would
have been a circumstance of aggravation not mitigation,
and under all the features of the case, and especially con-
sidering the recommendation and the suggestion of the
prosecutor, the court was disposed to deal as leniently as
it possibly could with the prisoner. The prosecutor had
probably saved him from a sentence of penal servitude,
and the court hen no doubt that at the expiration of the
sentence, he would carry out his promise. He then sent-
enced the prisoner to six months' hard labour, and im-
pressed upon him the importance of using his utmost efforts,
when in another country, to regain his former high cha-
racter.

LUAOTT V. THI CUORCK RATS OP IST. 01101101 THE

XAkTTL

In the short notice of this appeal, which came before the
court on Friday there was a slight error, as to the actual
point on which the decision was given, which should be set
right. The appeal was not dismissed on the objection
taken by Mr. Bodkin so stated, but the order or warrant
appealed against was quashed by the court on the ground
that it was not made under seal as required. Kr. Bodkin's
objection was in effect over-ruled, and the merits of the case
were about being entered upon when the objection as to
there being no seal on the order was started and was held to
be fatal, and the order quashed. The result so far there-
fore was in favour of the appelleat, but the main question
involved in the appeal, of course remains untouched.