The Express.
London, England, 1858-02-26 00:00:00

THE PAPRFSS. FRIDAY FVENING, FEBRUARY 26, 1858.

acquainted with Mrs. C•diey. That lady I candy coned at
her house to inquire whether Mr. Cuftoy wee than. Yr.
Cagy wen staying there. Mrs. C..ffey continued to ring at
the bell, sad wham t.,ld her that if she would not come
up stairs she should be obliged to do that which would be
very disagreeable.
Mr. flerjeant Deem now malted that the crosreuraina-
tion might close, in order that ho might psoduos Mr.
Hawke.

By the Chairman—ln her conversations with Mr. Butt
that gentleman never made any statement in referent* to his
arrangements with the Aoherr. He mid, however, dm when
he came back from India he should be a rich man; that he
had been acting in parliament and with the government for
the purpose of getting the Ameer's lands restored to him ;
and that he had been successful in obtaining a compromise
with Mr. Yemen Smith on the part of the government. Mr.
Butt said that when ho had finished this matter he should
be able to get the affairs of other Indian prince% settled, and
thus obtain great wealth. She wee quite ewo that Mr.
Butt alluded to hi. exertions in partiament.
Mr. Serjeant Kinglake—She knew that Mr. Coffey had
stated that, if it was thought mammary, he would detain the
Amcor, but she never heard that he said he would take him
back to England if a hint wore given.
The committee adjourned at 4 o'clock until 12 o'clock to-
morrow.

THE MURDER AID ROBBERY BY 17OP.RJONER
IN THE HAYAUBSET.

The following particulars have been collected from
reliable sources

On Tuesday night a foreigner (a German or Italian) ac-
costed three Freu' girls in the 'meet, and, after • short
conversation, accompanied one of them, known as Madame
Louise, to her lodgings, No. 8, Arundel-place, Haymarket,
• house kept for, and inhabited by, foreign prostltutes. They
wont to bed, and nothing more was heard of them until
Wednesday morning at one o'clock,when the foreigner left the
house, the servant letting him out, and noticing nothing
particular about him. In the course of the day, when dinner-
time came, and Madame Louise did not make her appear-
ance, thekeeper of the house and the lodgers began to have
their suspicions ; and about seven o'clock in the evening
they resolved to search the room, when they were horrified
at finding Madame Lodes deed, and quite black in the face
from strangulation and there were finger-marks on the
throat, and indications of a violent struggle. Medical aid
was Immediately procured ; bat the doctor, Mr. Tothill, of
Chinks-street, pronounced that the woman had been dead
for some hours. There was • small quantity of
bleed on the pillows. On examining the room,
ft was discovered that nearly all the wearing
apparel of the dead woman was missing ; also
some pawnbrokers' duplicates and money. The black velvet
cloak the deceased wore when she met the foreigner was also
gone. As the earrinp weretorn from the ears of the deceased
it would seem that robbery was the motive of this barbarous
murder.

The demand was a Frenchwoman, about twenty-two
years of age, and when she came to England, about six or
eight months ago, set up the business of a laundress M Little
Windmill street. Being encumbered with two children she
could not get a maintenance by laundry work, and then she
Rined the numerous hard of foreign prostitutes who parade
egent-street and the neighbouring streets. On the evening
when the deceased went home with the foreigner she Is knows
! to have worn a gold watch and chain, which can nowhere be
found. Inspector Perk, of the C division, was engaged
throughout yesterday in the inquiry.
At 12 o'clock last night the greatest possible excitement
prevailed in the Haymarket and neighbourhood, consequent
upon a report that the murderer had been apprehended; and
in a few minutes afterwards a man, closely guarded by the
police, was taken to the Vine-street police station, followed
by several hundreds of persons, many of whom manifested
their horror and detestation of the supposed murderer by
hissing and hocitl_ng. The man was taken helm
Acting-Inspector Webb ; and the servant girl, and
other prase in the house where the orbits was
perpetrated, were suesmcned with a view to identify
the prisoner in custody. When they arrived, how-
ever, much to the disappointment of all present, they said
he was not the aressin. He was at once set at liberty, In a
date of considerable agitation, caused by the enormity of the
accusation preferred against him. He was an Englishman. '
Last evening Mr. Tothtll, the divisional surgeon, made an
examination of the body of the murdered woman. He dis-
covered make round the neck, as if her throat bad been
firmly grasped by her unnatural assailant, in order to
throttle her. He came to the conclusion that the un-
fortunate woman had been smothered with a pillow, and the
prevented from raising any outcry.
In addition to the articles mentioned above, the mur-
derer took two silk dresses belonging to the deceased, and
also an alpaca skirt and jacket, a white &ilk parasol, a cape
with a hood attached, and various other articles of wearing
apparel. The aerrant-girl remembers that when she saw
the man leave the home he had a parcel with him. Before
leaving, he securely locked the door of the room, and took
the key away with him.
From the fact that the murderer had been seen loitering
about the neighbourhood for two or three nights previously,
the police are of opinion that he had been watching for •
female having an extensive display of jewellery, and that be
induced the woman to take him home, with the fixed deter-
mination of taking her life, for the purpose of committing
the robbery.

Labe inulltgena.

COURT OF QUEEN'S BENCH.—Fes, 25.
(Sittings at NW Pries at duildliall. Before Lord
Campbell sad a Special Jury.)
ROYAL BRITISH BANK.
ELTTINTII DST.

TER QUERN V. MONTEREY sitovnt, EDWARD WIDAILE,
HENRY DUNNING MACLEOD, IIICH ',SG HARTLEY KEN-
NEDY, WILLIAM DANIEL OWEN, JOHN STAPLETON, AND
HUGH MINES CAMERON.

Mr. Huddleston said, in addressing the jury on the part of
Mr. Humphry Brown, he laboured under considerable dis-
advantage, because he was unable, like his learned friends
who had preieded him, to appeal to their sympathies and
feelings on the ground that his client had no direct personal
interest in the monetary transactions of the bank. He ad-
mitted at once that Mr. Brown had availed himself of the re-
sources of the bank, and that he was now a debtor to it to a
large amount ; and he did not disguise from them
that he was awfully conscious of the prejudice which
existed arra his client, not only in the jury-
box, hut eliewhere—• prejudice of which he did
not complain, because Mr. Drown had brought it on him-
self, but against which he emplered them to be upm their
guard. He could not but see in his watchful anxiety for his
client, that the ordinary approaches to their understandings
had been closed by prejudice against him—prejudice which
might be judified to some extent, but yet was most unfair
if it prevented justice being done. He knew the jury were
sincerely anxious to do what was fair and right, and certainly
the attention and care with which they had investigated this
remarkable and prolonged ore were almost unparalleled on
the part of s jury in the annals of justice; but, nevertheless,
he hared that it would almost be beyond thew power to en-
liredy divest their minds of the prevailing prejudice to which
be had adverted. He therefore entreated their indulgers
while he went into the facts of Mr. Brown's car. That
gestlentsa came into the bank is February, 1853. His poet-
don at that time was the lame as Mr. Stapleton's, whin the
letter joined the bank in 1865. The bank had then been formed,
and bad already a considerable amount of bad debts, but
all he knewof 'testate was obtained from the last report sad be-
lance-sheet. It had been insinuated that he joined the beak for
purposes of his own, but such was not the fact, he having been
induced to come into it by the representations of Mr. Muttons,
who said it had progressed moot satidsctorily ; but
although
nominated by the directors he would net take his seat at
board until his choice had been approved of by the body of
shareholders. He was elected at the same time as Sir John
Shelley and although It was said the name of that gentle-
man had been improperly used by the directors ; Mr. Brown
was not aware of that ; and coking to the name of Sir John
and the other names on the direction, he of course entertained
a high opinion of the bank, and he also thought that his ad-
vent to the board was welcomed and sought for. At that
time, instead of being embarrassed, Mr. Brown was well to
do in the world. His had been a varied and chequered ca-
reer. Having early in life embarked in trade with his father,
he bemuses bankrupt in 1831, and again in 1835, but hie
separate metre had paid 20s. in the pound. He afterwards
carried on an extensive business as a carrier, and developed a
new species of industry, which was exceedingly lucrative,
via., traffic taking, for the purpose of giving evidence before
railway committees. He realised a large fortune by his dif-
ferent specnlsUms, bat a considerable part of it he subse-
quently lost. He had held the highest civic offices in the
town where he was born, educated, and brought up,
and some of them more than once, and he had
had the honour of representing that place in parliament.
At that period he was worth 20,0001., and had been worth
more. A story had been circulated which had poisoned the
public mind, and rendered the very name of Mr. Humphrey
;grown a byeword. That story Sir F. Theidger had been in-
duced to repeat, and it had remained with all its baneful In-
fluence on the minds of the jury until Mr. Barnard dispelled
it ; but until then it had no doubt the died of making them
look with & jaundiced eye upon Mr. Brown's nee. The story
was that his client opened an account with the Royal British
Bank by payitig in • sum of 18/. 145., while he owed it
when itclosed ita doors as much as 17,0001. But they were
told by Mr. Barnard that he found • crossed cheque for
181. 14e. among Mr. Brown's papers, and that at his (Bar-
nard's) seggestion It was sent through the Royal British
Bank to r. Brown's private bankers in the country. After-
wards Mr. Brown did open a drawing account, and during
the first three or four months 9,0001. was paid to his credit in
respect of bills discounted, and at the end of that period he
bad between 5,0001. and 6,0001. at his credit, and the
bank charged six per cent. for discounting his bills,
while they only Snowed two per cent. on his deposits.
Besides that, during his transactions with the bank, nearly
half-a-million of money on good bills found its way through
the credit side of his account, and be was debited for dis-
counts with a charge of 10,0001. The learned counsel then
proceeded to show the bone fide nature of the securities
which he had given to the bank. With regard to the Mag-
dalena, which ma about to be emoyed as a transport, she
had been transferred to Mr. Wilton,e because Mr. Brown,
being a member of parliament, could not enter into • con-
tract with the government. This was one of the matters of
prejudice imparted Into the case of which he had so bitterly
complained. In March, 1855, Mr. Brown, properly feeling
that it was not a correct thing for a director to have had •
large amount of his paper out in the bank,waa desirous of giv-
ing it the best security in his power. At that time
he owed the beak about 60,0001., and he gave as securities
the six rends on which there was then no mortgage. Those
vessels had cost Mr. Brown 65,0001.. and there was 27,0001.
of freight, making an aggregate of 92,0001. He would con-
tend that this was an ample security for Mr. Brown's debt ;
but in addition to this he gave them security on other ves-
sels. He had, therefore, some reason to complain that Sir
F. Tltaidger had opened that Mr. Brown had given no secu-
rity for his debt. There were two other charges against Mr.
Brown which be would deal with, in order to remove the pre-
judice. Sir F. Theeiger had staled that Mr. Brown had
dealt unfairly with the freight of the Hornet. Now, they
would find by Mr. Brown's pass-book that on this date two
same of 2,0001. and two sums of 1,0001. were paid into the
bank ; and it could be proved that the remaining 6001. had
been fairly paid for the disbursement of the vessel at Liver-
pool. Then, as to the Gloucester ships, it was doubtful
if the bank intended to hold security on them;
but the 4,0001. borrowed by Mr. Brown on them
from the Gloucester Banking Company VS/ paid to
his amount in the Royal British Bank. He would
show them that the real evidence against Mr. Brown was
shadowy. If they wire to convict him on prejudice then he
had no hope ; if they were to convict him on evidence, then
he had confident expectations of the result of the issue. Even
if they should think the overt acts wore proved, and yet that
there was no conspiracy, then they could not find any of the
defendants guilty, for conspiracy was the mime. Mr. Brown
was net party to conspiracy. Had he not expressed himself es
ready to reelien his seat at the board in favour of men of com-
mercial experience, though thus he might give up the tittle
power he might possess if his securities came to be dealt
with? Was that conspiracy? What Mr. Brown would
have to deplore for the remainder of hts life was, that he, as •
director, had obtained large accommodation from the bank by
the discount of his own bills. This, he would admit, must
create a prejudice ; but If, on the other side, the securities
had tamed out good securities, then this discount account
would have been a profitable account. If they tried the car
by prejudice he had no hope ; if they tried it by the evidence
he bad a asnguine expectation that they must, as re-
gutted Mr. Brown, pronounce • verdict of acquittal.
(Amphora)
Mr.Lserrence then addressed the jury oath* part of Mr. H.
Domain Macleod, who, ha said, was a member of an ancient
is which Scotland might feel justly proud. His father
wraii?ord-lieettenant of the county of Roes, and had repro-
seated the borough in im:burnt ; he pursued his studies at
one of the English univentides, and in 1849 was called to the
bar, and up to that period be bad aejoyed •• character for
truthfulness and honour. He became a director of this bank
in 1863, but took no active part in its affairs until the end of
that year. From that time, however he continued to set
honestly end zealously as a dire Mer doing the beet he could
for the interestsof the bank, goingierly to all the beanies,
and giving between 200 and 300 attentlasees during cm year ,•
but no proof had been given that he had asked for or received
any personal benefit from the beak. The learned counsel
then commented on different parts of the evidence
which affected his client, and submitted that slthough be
might have shown • want of knowledge and experience in
matters of banking, he had come out of the trying ordeal of
this investigation without any imputation on his character
r an honest man. He then appealed to the jury, not,
at the outset of his career to blight the prospects
of a young man of honour and intelligence, whose SVSVI•
MIMS' might yet do credit to his profession and his country
His connexion with the Royal British Bask, though tenet
unfortunate, had not been criminal. It had been said that
he left the bank a ruined man ruined in fortune be might
be, but he (the learned counsel) trusted the jury would say
he was not ruined in character or credit, and that they would
a verdict of not guilty as regarded him upon this
promo
Mr. D. Seymour, who aered on behalf of Mr. Cameron,
said they were now approaching the last acme of this event-
ful sad extraordinary trial, and it would soon be their duty
to pronounce by their solemn verdict whether the crown had
made out the charge contained in the information of the
Attorney-General, that the several defendants combined and
confederated together in an unholy league for the detestable
object of publishing knowingly false and headland state-
ments for the purpose of entrappiog the public, or whether
there was not a wide distinction and difference between
criminal motives and sanguine hopes—between arras of
judgment and overt acts of conspiracy. 411 his learned
friends had appealed to the jury for their indulgeece ; but U
any counsel ever rose under a terrible sense of responsibility
in a court of justice, and felt it necessary to them their in-
dulgence, it was he, in entering upon the defames of Mr.
Cameron. His client was in this pitiful position, that he was
connected with the bank from first to last, and that in
his person were centred everything which calumny could
Miltand the most malignant enemy whisper; and to that
teio be added the fact that the other defendants, instead of
taking the generous and manly mune of confronting him
with the evidence, had, at the last moment, attempted to vin-
dicate their position. and to effect their deliverance by 'mei-
filing his client. He had to complain that Sir F. Thesiger
had, In his opening for the prosecution, repeatedly accused
Mr. Cameron of frauds which had no /114/4008 but in his
brief. One of those charge' produced a great sensation In
the court, and had no doubt • terrible efface upon the Math
of the key. It was the sad and moving steep ee as
man who en the kat flaw of the bank's miens se Wl=
to dips* his little series on the perms. sonsass_ of Mr.
Osatoroa that the Mg pssossloi as Ws asp
thee Beak of ltsgt.al Bait had Set sesinue• bum perted
Ifs Noland be vas WAN tree 1a laurel Oat sielumott

but now it turned out to be a perfect 1; unity. This showed
that they should be careful to draw a line between prejudice
and proof, between accusation unsupported 'v evidence arid
small fade on the testimony of witnesses. Avery learned
gentleman who had gone before him had by ropes; charge or
inuendo endeavoured to shift the responsibility from his
client to the shoulders of Mr. Cameron. They had made
him a scapegoat, and sought to purchase the escape of
their clients at the cost of Mr. Cameron's utter destruction.
He (Mr. Seymour) was no accuser of Mr. Stapleton, but
Sir F. Kelly had represented that the moment that gentle-
man caught sight of the 4001. bill which Mr. Cameron had
discounted for Mr. Brown without consulting the directors,
he never looked with any friendly eye upon Mr. Cameron;
and he was desirous to distinctly deny the truth of that asser-
tion. tip to the 12th July, 1856, at all events, the most friendly
relations subsiatedbetweenthem, both in their correspondence
and in private life. What conclusion was to be drawn from I
that That there was nothing in hie conduct which an
honourable man like Mr. Stapleton could condemn, or else
that the latter could keep one face towards his friend, and put
on another behind his back. But the truth was that this
alleged hostility was the mere Invention of those who in-
structed Sir F. Kelly, and had not been oommunicated to
him by Mr. Stapleton himself, who was above resorting to
each a device in order to procure his own escape. The
learned counsel then alluded to Mr. Cameron's high position
in Scotland, and to his intimacy with Sir Jas. Matheson and
Mr. A. Matheson, and staked the jury if it was probable
that he would have so far sacrificed the friendship and good
opinion of gentlemen of such eminence, wealth, and influ-
ence, who could have been of great assistance to himself and
family, as to induce the brother-in-law of the latter (Mr.
Stapleton) to join a bank which he knew to be in a hopelessly
insolvent state, and even to solicit themselves to join the
direction of that bank. Still less was it probable that he
would allow his own son-in-law (Mr. Macleod) to embark his
whole fortune in an undertaking which he knew or even
suspected was in an unsound state. The learned counsel
i then said t was erroneous to suppose that Mr. Cameron was
the originator of the bank, it having been promoted by Mr.
M'Gregor and Mr. Mullen., the former of whom came to
Mr. Cameron, who was then carrying on bunnies in London
as a parliamentary agent, for the purpose of obtaining his
assistance in procuring a charter of incorporation. Then ad-
verting to the charge made against his client of
discounting bills surreptitiously behind the back of
the directors, Mr. Seymour drew attention to a
clause in the deed of settlement, which expressly
gave the general manager the power of discounting bills, in
cases of emergency in the abs of the directors, and in-
serted that if the directors bad taken Mr. Cameron's advice
and acted upon it, instead of treating him in the way they
did, the bank would have weathered the storm, and been now
in a mound and nourishing condition. After dealing with
various points In the evidence, showing by the corre-
spondence that Mr. Cameron remained upon terms of friend-
ship with Mr. Stapleton, Mr. Kodiak, and Mr. Kennedy, until
the very lost, be concluded by making a very earnest,
eloquent, and powerful appeal to the sympathies of the jury
onhehalf of Ma client.

His address was followed by considerable applause.
Mr. Alex. Matheson called and examined by Mr. Bovill,
who appeared for Mr. Btapleton—l em of the firm of Ma-
theson end Company. lam also a director of the Bonk of
England, and M.P. for Inverness boroughs. I am also
brother-in-law of Mr. Stapleton. I have known Mr. Ca-
merae since 1839. It was during a visit from China to this
country that I first knew him. I own considerable
in the north of Scotland. My uncle, Sir J. Methesopnr,Ttrhi
owner of the Isle of Lewis. When I knew Mr. Cameron
he was an influential man is the county of Ross. He ma-
naged the estates of some of the principal landowners in the
county, and held several important °Mow. I appointed him
the manager of an estate I purchased. He stood very high,
end I have met him at, the best houses in the county. In
the spring of 1855 Mr. Stapleton said to me, that feeling
the time hanging heavily on his bands, he wanted to be
placed on the direction of some company. Afterwards Mr.
Cameron said he would be giad to place any gentleman I
might recommend on the direction of the Royal British
Bank. In 1855 I mid to him Mr. Stapleton wished for •
situation of that description, but I did not think he knew
anything of basking or commercial businees. Mr. Cameron
said he thought he would be useful, as he was a Wert-and
gentleman. I invited them to meet at my table. Mr. Ca-
meron was also agent for Si James Matheson. Mr. Sta-
pleton consented to become a director. I never doubted
what Mr. Cameron told me about the bank. I had full confi-
dence in him. He told me that 'it had succeeded end was
doing a profitable business. In September, 1856, he wrote
to me in Scotland, saying that there was a run upon the
bank, which made him very uncomfortable; that be believed
if some persona of known wealth could be induced to take
shares in the bank its affairs would be retrieved, and the con-
fidence of the public in it would be completely restored. He
then added, if one of my partners, whom I might name,
satisfied himself of the state of the bank by inspecting the
books, there would be no risk in my taking shares ; and he
then sated if I would take any, saying if I did so it would
be all right. I was not at home when the letter arrived, and
I did not get it until the bank stopped. Mr. Stapleton did
not know much about business. I have known him since
1847. In my intercourse with him I have always found him
a most correct, truthful, and highly honourable man.
Examined by Mr. Lawrence--I have known Mr. Macleod,
the defendant, for many years, and I give him the same
character for honour and truthfulness. His father, and his
gonadial:or_ , were both lord-lieutenants of Cromarty.
Examined by Mr. D. Seymour—l had such confidence in
Mr. Cameron that I would have trusted hint with any sum
of money without a receipt.
Mr. Slade said he proposed to call some winnow, on the
part of Mr. Owen, as to character.
Mr. S. Morley, of Wood-street, examined—l have Imown Mr.
Owen 20 years. He was a customer of ours, and has always
been most thoroughly upright. He was the founder of the
Drapers' Benevolent Institution.
Mr. Hoare, of the firm of Hoare and Co., beakers—l hays
known Mr. Owen 13 years as a friend, and I have a high
opinion of his character and of his honour.
Mr. Hitchcock, of St. Paul's-churchyard, who had known
him 20 years, gave limner testimony.
Mr. Slade mid Mr. Justice Byles had promised to come if
he possibly oould, to speak to Mr. Owen's character. He
supposed he was unable to attend.
alley, examined by Mr. Hennedy—l am en air
constant, and was formerly clerk to Mr. H. Brown. I was
in his employ about five years. When I ant =tend his
service, in 1853 I took the management of • silk mill. At
that time I think he was worth 22,0001. His property con-
sisted of goods and freehold property. He desired_mete take
an account of ell his property. I mode it rep from whet he
told roe. _ _

--Mr. James Tyler_, an accountant, who investigated the aa-
°cants between Mr. Brown and his assignees, said the
amount claimed by the assignees of the Royal British Beak
was 636731. In that there were claim', which, if proved,
reduced it to 58,0001. There was interest charged to Mr.
Brown by the bank on his account to the sum of 9,1291. The
amount charged for the insurance of his ship was nearly
1,0001. Ilia hooka represented that in January, 1853, he had
• surplus of upwards of 22,0001.
Mr. Forbes M'Donald, called by Mr. D. Seymour—l am a
civil engineer, land agent, and valuer, residing at Dingwall.
I am in the commission of the peace for the county of Ross.
I know the property of Mr. Cameron within the borough of
Dingwall. It consists of land and hoarse. Some of the
principal inns and principal buildings of the town are on the
property. In 1857 I surveyed the property at the request of
the of the National Bank of Sootland. I valued it
at 12,542 . I think it is property which will increase in
value. Mr. Cameron obtained seven or eight medal' from
the Highland Society for the cultivation of the land. I have
come from Scotland at my own expense to give evidence fur
Mr. Cameron. I have known him all my life. He has
always borne the very highest character for honesty and
CramCram-examine:l—The property has on it the National
Bank and the prison and other public buildings. I have
reload the land at 40 yeas' purchase.
Re-examined—l have known land in Scotland sold at 107
)sate' purchase. Within the last few years seven estates
have been mid in the immediate neighbourhood, and the ave-
rage:.apto: at ertdelt they were sold was 56 years' parches%
at the present yearly rent.
• • •

Dr. inshaw—l am 80 years of age, and have cense to
London entirely at my own expense to speak to Mr. Came-
ron's chamoisr. I have been medical adviser for all the
leading femilla in the county of Ross, and have known liv.
Cameron ever since he was born. He has always in my
experience bass an honest and upright man. I have had
money transaction with him. I think his estate at Ding-
wall Is valuable. There is no better land in Scotland. I
do not think the has witness has overrated its value.
. .

_
Mr. E. Sullen, a vecial pleader, said Mr. Macleod was
formerly his pupil, aM he had knows him 10 or 11 years con-
tinuously. Re always found him to be a min of high
honour and integrity.
The court adjourned at half•psst firs o'clock, it being
understood that after the examination of two 'ransoms
who were named, for some of the defendants, neat 'sneaky,
Mr. Atherton should reply on the part of the crown.

The
CTOWII.

CEIVTEAL CRIMINAL COURT.

OLD LoJAT.—FFB. 25.
(Before Kr. Sufic., Wightman.)

Reny isiteerd Legge, Young m$ of gentlemanly ap-
pearance, sarreagesed re rake his trial upon an indictment
which charged that he, being ia the memos of her Majesty
as paymaster of the tad Regimm:t of Royal West Surrey
on the preumbliivcellatooinu thsat,tamcapacitythat diewit:llllfullargeWaume
lY andof fineiceon7
oualy embezzled a sum of 1,300[., portion ;-)f the moneys 00 re-
ceived.

--In other counts the prisoner was charged with unlawfully
appropriating a large sum of money he ha,' received on
account of the public to his own use.
The Solicitor-General and Mr. Bodkin conclude,' the fro-
secution. which wsa instituted by direction of the' Wsr-
o®ce. Mr. M. Chambers, Q.C., and Mr. Kerr, of the Nor-
thern circuit, were specially retained for the defence.
Mr. F. C. Kerby, accountant-general to the army, was ax-'
amined in reference to the accounts that had been sent in by
the prisoner, and which appeared to be of a very complicated
character, and for a considerable time the court and the
learned conned on both sides appeared to be pum..led tea very
considerable extent. The result appeared to be that although
the prisoner seemed to have claimed for payments alleged
to have been made, and which were represented not to have
been paid in point of fact, to the amount of over 4,0001., he
had, in the course of the period during which he held the
office of paymaster debited himself 7,0001. more than he had
actually received.
Mr. Justice Wightman interposed, and asked the Soli-
citor-General whether he thought he ought to proceed
further with the case P It wee clear there had been long,
complicated, running accounts, and the result appeared to be
that in transactions to the amount o. 23,0001. there wee a
balance of 1,3001. only against the prisoner, it being at the
setae time admitted that In several quarters there was a
balance in his favour. The question for the jury was,
whether or not a felony had been committed.
The Solicitor-General said he was entirely in the bands of
his lordship • and it the jury should be of opinion, from what
they had already heart that the deficiency was to be ac-
counted for by the prisoners youth, and his ignorance of
accounts, he had no instructions to press the inquiry.
The jury expressed a dubs to have some evidence se to
the non-payment of the sums which the prisoner in his
accounts represented had been paid by him.
Mr. Justice Wightmaa then said that the case bad better
proceed.
. _ _ _

In further cross-examination, Mr. Kerby stated that the
prisoner's accounts bore every indication of having been
made out by a Fenton who was ignorant of such matters.
Mr. Justice Wightman, in the coarse of the examination,
again interposed, and said he really did not see how the
charge of embezzlement was supported. At the close of a
long series of accounts there appeared to be a balance against
the prisoner, and even the actual amount of that balance ap-
peared to be disputed ; and under such circumstances he
thought it could hardly be said that the prisoner was guilty
of embezzling it.
The Solicitor-General expressed himself ready to withdraw
from the prosecution; but the jury did not appear willing that
the cue should be stopped, and further evidence was accord-
ingly gone into.
The Earl of Lovelace, the colonel of the regiment, Lieut.-
Colonel Parrett, and a number of other officers, were ex-
amined, sad they proved that they received their pay from
Mews. Cox and Co., and that the only money they received
from the prisoner was for allowanorn for forage, lodging, 6:c.
Evidence was also given that, although the prisoner had
paid for a portion of the articles supplied to the hospital, the
greater portion was supplied by different government con-
tractors, and that they were paid by the government, and not
by the prisoner.
Hutton, a sheriff's officer, proved that in February, 1866,
he had a writ of 8. fa. against the prisoner, and he paid
the amount, 121. 10e., by a cheque upon the bank or Messrs.
Heydon, at Guildford. •
Evidence was then given that during the yeses 1866 and
1868 a number of writs were issued against the prisoner for
debts incurred at Oxford, and it appeared tkat these debts
were settled by cheque of the prisoner on Mears. Cox
and Co., and by cash.

said that this was the cue for the

Mr. Chambers then made a very earnest and able address
to the jury on behalf of the prisoner.
Mr. Justice Wightman summed up the cue very briefly,
and he particularly called the attention of the jury to the
fact of the accounts having extended over a period of fifteen
menthe, and also that even at present the prosecution did not
attempt to prove the exact amount that was represinted to
have been embezzled. He also observed that it wee the very
essence of the offence of embezzlement that there should be
an intention to defraud, and if that was not clearly made
out to their satisfaction, the prisoner was entitled to a
verdict.

The Jury almost immediately returned a verdict of Not
Guilty, and the prisoner wu at once discharged front
custody.