The Express.
London, England, 1851-02-21 00:00:00

THE EXPRESS, FRIDAY EVENING, FEBRUARY 21, 1851.

usual course of business at the bank was conducted with a
cash-book, into which the actuary entered aft moneys re-
ceived or paid on the banking elai. These were afterwards
transferred to a ledger, in which a separate account for each
depositor was kept. On every banking day parties intend-
ing to withdraw money at the next business day am required
to give a week's notice, and this is inserted in what is called',
the " Notice-book." The treasurers to the savings' bank
are the Lancaster Banking Company, which have a branch
at tiverston. On the morning of the banking day the
actuary proceeded to the treasurer with his notice hook,and
stating the amount he would require, be obtained the money
on demand, without an order from the trustees. At the
close of the day, the trustee in attendance counted the meth
in the drawer, and the actuary made up his cash-book,
the balance of money being returned to the treasurer. In
11117 some suspicion having been excited a cashier was ap-
pointed, whose duty it was to pay and receive all money,
the actuary's duties being confined to the books. The Il-
vcrston bank established a branch at Ambleside, the actuary
of which, a man named Troughton, when he required
money, still continued to apply to Donaldson for the neces-
sary supply, the prisoner being allowed by the cashier to
manage that part of the cash baldness. Last year, ou the
examination of the books of the concern, and their com-
parison with the depositors' duplicates, it was discovered
that very serious discrepancies existed between the cash
books and ledger. Various sums which the cash book
alleged to have been paid by, the prisoner to depositors (all
of course being prior to the appointment of the cashier),
were found not to have been entered in the ledger. Thirty-
six cases of this nature were discovered, the total amount
of defalcations being 1,039 f.
These facts were proved in evidence, and a number of the
depositors whose accounts were falsified, were called to
prove that they had not withdrawn the respective sums of
money which the prisoner's cash book purported they had
done. .

The counts with regard to the I.7lverston depositors were
combed, on an objection taken by Mr. Roebuck, that the
prisoner had made use of no false pretence in obtaining the
money from the treasury, as he received it from the latter
without having made any specific pretence that the money
was ordered to be withdrawn by the depositors.
The prisoner, however, was convicted on the counts with
respect to four sums which he had obtained from the cashier
on the representation that be had received an intimation
from the Ambleside actuary that such sumo were required
fur that branch. The jury accompanied their verdict with
a recommendation to mercy, on account of the negligent
manner in which the affairs of the bank had been con-
ducted. Sentence was deferred.
FEBRUARY 20.

This morning on thebu:•ini.B..lX.ing brought up, Mr.
James moved an arrest of judgment on the ground that the
names of the trustees, who were described as "Samuel
Bates and others," should have been specifically described
in the counts, and the indictment was therefore bad.
Mr. !Leger said that objection had been derided in the
ease of a savings hank at Nottingham, in which the count
was precisely similar to the one now objected to.
There are two other indictments against the prisoner, hut ,
they arc still pending, his lordship deciding that it would
not be judicious to take an acquittal on them. He was then
sentenced to seven yearn' transportation.
MANIIL 41'011TILM AT DALToN, ULTEarrox.
Samuel Twiti was charged with killing and slaying John
Kay, at Dalton.
It appeared that the deceased was a sailor belonging to
the schooner President, lying at Haan-head. A quantity of
Hooks " lying on the beach attracted his attention, and he
left the vessel in company with another seaman to procure
some of them. The prisoner, who is a fisherman, said they
were his, and he told the deceased's companion that if he
did not leave them alone he would shoot him. His daughter
then handed him the gun, saying, " You had better use
this." The other sailor then ran away, when he heard a
report of a gun. On turning round he discovered that the
deceased had fallen wounded. Other evidence deposed to
seeing the prisoner deliberately fire the gun.
Ile was convicted, and sentenced to seven years'
transportation.

MIDDLESEX SESSIONS—YESTERDAY.
llamas Ma. Minium? ADANA. Aopwr.T June.
PENNY THE %TRES.

John Wood, a mapminl& looking man, was indicted for
having unlawfully kept a certain place for public mu.sie and
dancing without being licensed under the 2.5 George 11.
Mr. Huildlestone WLI, for the prosecution ; Mr. O'Brien ap-
peared for the defendant.
Mr. O'Brien said this was a prosecution by the parochial
authorities of St. Mary-le-bone against the defendant, for
keeping an unlicensed house for music and dancing, though
the only music ever heard there was that of the banjo,"
with its usual accompaniment, "the bones." (A laugh.)
The defendant lived on the promises in which be also car-
ried on the business of a carpenter and broker, and he now
begged to say, that if what he had done had touched the
sensitiveness with regard to public morals, of the authorities
of Mary-le-bone, he would at once discontinue it, and plead
guilty to the indictment.
Mr. lluddlestone said the place in question, in Upper
Lisson-street, Lisson-grove, was a penny theatre, and was a
nuisance of a considerable and an intolerable character to
the neighbourhood, it being the unrestricted resort of
young persons of both sexes, mere children in fact, who
were there entertained with songs of a certain description,
and scenes which could not but produce pernicious effects'
upon their minds and morals. 'lhe parish authorities had
instituted this pnmecution upon the complaint of the iuha-
bitauta, and though the defendant had endeavoured to
evade the law by having the name of his son, a lad of 18,
inserted in the rate hooks as the occupier, there was a
clause in the act which rendered that attempt futile. As,
I'owever, the defendant would plead guilty, and would
bind !himself not to renew the entertainments, the autho-
rities would be satisfied, their only object being to rid the
neighbourhood of so serious a nuisance.
The defendant then pleaded guilty.
The learned judge said the defendant had done well to
take this course, inasmuch as had he been tried and con-
victed the court would certainly have taken that oppor-
tunity of passing a sentence that would have marked its
opinion upon the subject of these penny theatres. lie was
glad to say that a change had taken place in the feelings of
the Middlesex bench with reference to licenses fur music
and dancing, and places where what he might term legiti-
mate music and dancing took place were now licensed, and
all unlicensed houses must, therefore, be put down. The
bench thought that these penny theatres were equally as
had as brothels, and were the first step to everything that
was bad ; and, therefore, the defendant had acted discreetly
in not rendering it necessary for the court to inflict upon
hinithe punishment the ease merited.

The defendant was then ordered to enter into a recogni-
sance of $Ol. to appear to receive judgment when called
upon, he undertaking to close the Pled) in question at once.

The Lord Mayor directed that immediate relief should be
given to the prisoner and her family, wherever they might
be, that she should be at once relcaaed from custody, and
that more particular inquiries should be made into circum-
stances which seemed to have so powerful a claim upon the
sympathies of the benevolent.