The Express.
London, England, 1859-11-11 00:00:00

"idi ituuttagrnte.

COURT OF QUEEN'S BENCH.—Nov. 19.
Sittings is Banco.—(l6foro tho Lord Chit( Julia, Mr.
Junks Wightcoary Mr. Jeodor Mill, sad Mr. Justice
Blookbwm.)

TAR QUAID ON THE PROPTCPTION Ol KAIDIVALL, DOA.
Thal, AND PILILL-Tll.ll ALLIORD ILLS OP •AMT
CODIODIAIONS.

As will be remembered, the three defendants, neve seperstelf
indicted on the 27th of Jane list, brfure the Lord Chief lot/-
tits in this court, under the 49th of George 111., esp. 126,
for the sale, or pretended sale, to • young gentleman named
Coneinghem, of a commission in the army. The defendant
Marshall is • tailor, in Jennyn-street, and it was in ounee-
whin probably of • dispute between him and a person
of the name of Pugh, who had formerly bees • traveller for
Marshall, as to Pugh's chore of the spoils, that the whole
transaction came to light. Mortimer, who was awe • cap-
tain in the army, and is well meowed, with the other de-
fendant, Ideury &piteous ache, established them-
selves under the tole of ...Armstrong and Co.,'
•O agents fur the sale of commissions. In this

ore—.the sum advanced for the cimmission was !
4001., of whiali Meehan got 2001., Mortimer 10(1., and
Eicke 1001. The money wee paid by • Mr. Brieden, the
brother-in-law of Mr. Cunningham, under the belief that the
firm bad extmordiretry i.fluenoe at their command, the exer-
cise of which was deemed to be necessary, u Mr. Cunning-
ham's request for a commiseion wagged to have been already
refined, on the ground that he war over age. After • trial ,
which lasted a day and • half, Marshall we, without •
moment'■ hesitation, found guilty by the jury, and then the
ether two defendants withdrew their plea and pleaded guilty.
The defendant. were then ordered to come up for judgment
this term, and )eaterday having been named fur the purpose,
Mr. Edwin James preyed the judgment of the court.
The Lord Chief J WWI then went over the whole of the
evidence, and at its conclusion aflltiavita were put in and
read on behalf of the three defendant. in mitigation of
punishment. Mendell's aftllavite dwelt principally on the
fact of his having throughout acted sa the agent of Pugh.
Pugh wee obliged id end en to leave town, and he requested
Marshall to act foe him. True he had kept back Pugh'.
share of the predate money, but that we because Pugh
wen indebted to him for commiteion money advanced by
Marshall. He next referred to the heavy bees he had
already metered—to the tact of a business which lie father
before him had carried on for 39 veer., and to the weat an-
gels& of mind which he had suffered—all in consequence of
this charge. Finally, be urged his entire ignorance of the
law which he had contravened ; that be had never envied
in • u••eaotion of the kind before, and in only one our
alms. . . . .

The effidevita of Mortimer and /licks were chiefly directed
to establish their ignore°ce that they were violetleg the law,
and pointed to their breaking up their establiahnient on the
present charge having been instituted.
Mr. M. Chambers, Q.C., then addressed the court on be-
half of Marshall; and Mr. 0. Allen on behalf of Mortimer
and Bloke; alter which
Mr. Justice Wightman, sa the senior paints judge, deli-
vered the judgmest of the court, which was to the effect that
the court recognised the good conduct of /licks and Mor-
timer since the period that the present charge had been
brought against them, but it could pay no attention to the pies
that the defendants had acted in ignorance of the law. It
would to prepoateroua to entertain such a belief.
It was difficult to imagine any practice more detrimental to
the public service; but at the same time the evidence at the
trial most clearly showed that there could be no imputation
resting on the authorities from this transaction. Although
the sentence of the court would be milder on this mesa=
than it might be, he hoped it would be sufficient to deter
others from following the example of the defendants. The
learned judge then sentenced Marshall to six months' im-
prisonment in the Queen's Prison, and to pay a fine of 2001,
the imprisonment to continue until the fine was paid. Mor-
timer and Kicks likewise to six mongol' imprisonment, with
a fine each of 1001., the imprisonment in this case also to
continue until the fines were paid.