The Express.
London, England, 1853-07-05 00:00:00

COURT OF QUEENS BENCH.—YEsTrawkr.

Sanaa AT Nat Pates at
StsaAL lowa
THE QUEEN v. MOOlll, TRISSAOI, AND MOOl
SPINACT.—Tai NELSON MONUMENT,

LOW) Cams ass

'This was an indictment for conspiracy. The defendants
pleaded not guilty.
The Attorney-General, Sir F. Thesiger, and Mr. Wiles
appeared for the crown ; Mr. Horn was for the defendant
Treseage; Mr. John Moore and Mr. James Moore appeared
us perms.
The Attorney-Oeneral said that this was an indictment
for • conspiracy, having for its object to defraud her Ma-
jesty's government. The cue arose out of a contract into
which the defendants, in their business of bronze manufac-
turers, had entered in 1849 with the Board of Works, to
execute certain works of art in bas-reliefs for ornamenting
the pedestal of the Nelson column. The contract set up by
the Board of Works was in effect that the defendants were
to furnish three castings for the panels:at the bottom of the
column • these castings were to be'made of bream, and to
be of the weight of three-and-a-half tons. Two out of the
three bas-reliefs were fixed in their places, and the
third was completed ready for fixing, when the Board of
Works received an anonymous letter noon the matter; in
consequence of which they instructed Mr. Fitchiun, their
clerk of the works, to inspect the bas-relief which was yet
unfixed. That gentleman accordingly attended at the
foundry, and weighed the bee-relief. Me found it of the
proper weight, but, upon further testing, he discovered
marks of plaster of Paris on the back. He expressed sus-
picions that all was not rimed to Messrs. Moore, upon
which Mr. John Moore drew him upon one side and mid
it was no use attempting to deceive him (Mr. Fftcham) ;
that the fact was, the bas-relief was loaded." The back
was then opened, and a large quantity of iron and plaster
found to be placed there, for the purpose of making up the
weight. When the loading was removed, the cast weighed
19 cwt. leas. An attempt had thus been made to impose
upon the Board of Works to that extent, and the present
proceedings were therefore instituted.
Witnesses were then called, who proved the cue for the
prosecution. A workman, formerly in the defendant's ser-
vice, stated that the two castings already fixed had been
loaded with copper ingots, which, after weighing, had been
removed.
Mr. Horn addressed the jury for the defence. He called
attention to the fact that in speaking of the quantity of
instal to be employed, the words used in the contract wore,
" we estimate the quantity required will be 31tons." This
was merely an estimate, and upon so loose a statement an
action would sot lie, much lees, therefore, ought the defen-
dants le be bond guilty of a criminal charge upon it. No
preened boa g*, that in consequence of the absence
ofthe peeper leartity of metal the bas-reliefs were im-
perils*.
Tbe iletbelest Jobe More stated that in consequence of
these ,rewrite be red his partners had been ruined, and
that be bed se Um be was travelling out of the agreement.
Jesus Moore did not address the court.
_ Witnesses were called to speak to the character of Mr.

T
=Campbell, in summing up said, it was for the jury
to consider whether the defendants did the act com-
plained of for the purpose of deceiving the government or
not.
The jury returned a verdict of Guilty, recommending
the younger Moors to mercy, and expressing a strong
opinion upon the loose way in which the contract upon the
part of the Board of Works had been got up.
Sir F. Theeiger moved the judgment of the court.
Lord Campbell pronounced sentence on the prisoners.
He said that the defendants had been found guilty upon
the clearest evidence of a very grave offence. They no
doubt had thought they had entered into abed bargain, and
hence deceived the government in the quantity of metal
they employed. In consideration of the recommendation
of the jury, he would sentence the younger Moore to one
months imprisonment. The other two defendants be
should sentence to three months' imprisonment in the
Queen's Prison, in the third rank of misdemeanants.

;CHEQUER.—YErrEaDAr.
r 01.11DRAL4:B0ORR THS LORD Curer

COURT OF
IhTISIA AT NUR PAII7I AT - _
BALM AND !Inca. foam
COLLYIIII V. Till LONDON AND NORTH WESTER:
RAILWAY CONPANT.—PRILIIONAL INJURY.
Mr. Berjeant Wilkins and Mr. Ralph were counsel for
the plaintiff, and Mr. Mellor for the defendants.
This was an action to obtain compensation fur injuries
sustained by the plaintiff in consequence of the negligence
of the servants of the defendants. The defendants paid
51. into court, end pleaded that they were not further in-
debted. The plaintiff, it appeared, is a minister of the
baptist persuasion at Cheddington. On the day on which
the accident happened he went to London, and took a re-
turn ticket. On the arrival of the train at Cheddington,
the guard who was in charge of the train had some
difficulty in opening the door of the compartment
in which the plaintiff was seated. Eventually the
guard got in at the other side of the carriage,
an opened the door with such violence that the
plaintiff, who was standing on the platform, was knocked
down and seriously injured. He was carried home, and a
medical gentleman attended him for a short time. The
plaintiff paid him two guineas fur his attendance, and he
had also to pay 20s. for further injury.
On behalf of the defendants, Mr. Mellor urged that the
injury which the plaintiff had sustained was entirely the
result of an accident, and that the sum paid into court was
amply sufficient to cover all pecuniary injury and the suffer-
ing which the plaintiff had endured.
The Lord Chief Baron summed up, and
The jury, having retired for some time, returned with •
verdict for the plaintiff, damages 201., in addition to 51. paid
. into court.

INSOLVENT DEBTORS' COURT.-YESTERDAY.

RETIREMENT OF THE CRIES' COMMISSIONER.
The learned Chief Commissioner, who held the appoint-
meat more than thirty years, bas, it is understood, re-
signed, on account of his age (near)y eighty), and his in-
firmities. Nothing of course is publicly known as to the
intention of government on the subject, but it is acknow-
ledged by all, that Mr. Cooke, the barrister, practising in
the court, would grace the bench as a commissioner. He
is eminently qualified for the same.
Barons ?la. Cosirimioina Nit.urs.
IMPORTANT QUESTION.

An Important discussion arose in two protection cues. I
There were debts contracted without reasonable or probable
means of payment. Both insolvents were willing to set
aside quarterly sums for their creditors, but Mr. Commis-
sioner Phillips was of opinion that he had power to
grant protection, as he could not adjourn the interim order,
nor could he same a day for a final order. The only course
was to name a day on which the insolvents could apply for
a protection order.
Me. Dowse and Mr. Sargood represented the serious con-
sequence from such a state of things, and a hope was ex-
pressed that the learned Commissioner would exert his in-
fluence and get some amendment made to the l'rotection Act.
Mr. Commissioner Phillips thought a slight alteration
would be sufficient, and it might be made during the pre-
sent session. As the law now stood, it seriously affected
the interests of creditors. His Honour was of opinion that
one system of insolvency in the court was better than the
two which now existed.