The Express.
London, England, 1859-06-02 00:00:00

CLERKEI!IWELL,

Ebene.ter Ward, a respectably-drused man, between 40
and 50 years of age, delimited as • tax collector, residing at
No. I. Alwyn•road, Canontear was charged with having
embezzled 700!. and upwirdn, nosiest by him fo and on
mount of the vestry of the pariah of St. Mary, lelington.
Mr. Layton, vestry clerk of !Minors, attended for the
pecesentko, and stated that the prisoner was for-
nearly • collector of the poor and other rates
for the parish of Islington. It having teen near.
Lined by the accounts committee that the prisoner
had not paid in all the mosey be had received, les was asked
to do so at once, but title he tilled to do. Lase weak, as the
pawner had left ho, aad could not be &sad a war-
rant for hie apprehension weegranted by his worship, but
thin mooning the priaouer wrote • letter to him (Sir. Layton),
saying that he wool.' be at the wild at noon. It app. ared
that the prisoner had received on the rate made in Michael-
mas, ISM, up ti Lady-day, 1819, the sus of 1,1401. 4a. 7d.,
and had only paid law the banker's the sem of 4331.95. ild.;
onstrpiently there west balance against him of 7071. 145.11 d.
Not belsg pupated to complete the cuss to-day, be should
ask lot • abort unwed. lie then celled
Mr. Now Twine, who sald-1 am the aceounlaat to the

vestry of I.Heaton. The prisoner was 01141 of the eollecten
appointed by the wain. His duty was to collect the poor
and other rates of the parish. Igo through and check the
collectors' woman's. The prociner was called upon to deliver
a statement of his accounts. He did not produce the state-
ment, but merely left his receipt becks. Ile left with me his
collecting book, which Is in fact a receipt book. Some of the
receipts were torn from the counterfoil. In that date of

cirotiriustareas I have beam through the prisoner's accounts.
On the rite made for Michaelmas, 1858, to Lady-day, 1860,
the prisoner had received 1,1401. 42. 74., and had paid into
the banker's the sum of 4321. 9a. Bd., leaving a Wince un-
accounted for of 7071. 14a. 114., which remains unpaid. An
application was made to the prisoner for the payment of the
balance, when he wrote to say that ha wu sorry to say le
could not meet it.
. .

--T 'be prisoner said the total amount of money he bad re-
ceived he had paid into the banker's, but the feet was that
he bad been foolish, and had given receipts when be bad not
been paid. The consequence was that he was 7001. out of
pocket. He hoped bail would be taken.
Mr. Layton said he did not think the prisoner "toed run
away. Tn. prisoner had left a bundle of receipts, extending
u ter beak ea the year 1861, for examination, but the dim-
etflts that the vestry only came into existence in April,
1868
Mr. Tyrwhitt remanded the case for a week, and said he
would take bail, the prisoner in the sum of 1,0001., and two
entetke in the amount of 5001. each.

The prToota; ieilioTtiit he could get bail, was
the. remanded.

THAMES.

Mr. liederiek Smith, shipowner, of the firm of Teiglte
and Smith, Fenchurth-street, appeared before Mr.
on a charge of assaulting William Cutler, quartermasterof
the Crocodile receiving ship, off the Tower.
Mr. West, barrister, prosecuted on behalf of the Lords of
the Admiralty, and detailed the particulate of the assault, and
pointed out the law of the case as regarded seamen
entering the navy. Any seaman in the merchant
service wu jnatified in leaving his ship and entering
into the service of her Majesty, and the muter
of any ship abandoned by any seaman was bound to
deliver to the seaman his clothes sad effects, and to pay the
wages due to the officer authorised to receive the seaman into
her Majesty's service. A seaman named Charles Marks had
abandoned the Coldstream and joined the Crocodile at the
rendezvous on Tower-hill. Cutler, the complainant in this
case, went on board the Coldstreem with Marks and served
a notice, signed by Captain Greet, the commander of the
Crocodile, upon Captain Kennedy, the master of the Cold-
stream, for the delivery of the seaman's papers and effects.
In the execution of this duty Cutler was assaulted by
Captain Kennedy, and that tumult woe Instigated
by the defendant, the owner of the Coldstream,
who also need offensive language towards the quarter-
master. A summons was taken out against Captain Ken-
nedy, who sailed before it could be served upon him. When
the Lords of the Admiralty found a gentleman of Mr. Smith's
influence and position obstructing and insulting an officer
engaged in raiaing volunteers for the Royal Navy they could
not, consistently with the duty they owed to the country,
refrain from prosecuting, and doing even thing in their power
to protect their officer. He was sorry to state that death had
deprived him of the evidence of the seaman Marks, who went
to bed at his lodgings in Retail on Monday night and wee
found dead the next morning.
Evidence having been gone into in support of the charge,
Mr. Belfc said the Admiralty did perfectly right in prose-
cuting this case and protecting their officers, more partial
laxly at the present time, when men were wanting to man
our flute. He believed that Mr. Smith, in common with all
shipowners, would not do anything to prevent seamen
entering her Majeety's service. Every honest citizen most
feel the greet importance of assisting to man our navy.
It appeared from the evidence that Mr. Smith knew per-
fectly well who Cutler was, and his Dunce/iv. The quarter-
gnawer was on board the Coldstream in the proper discharge
of his official duties, and the captain ought to have delivered
the seaman's papers to him. He could maks allowance for
Mr. Smith's anxiety when his ship wee leaving port. He
had committed an sesanit, and be admitted that he bad also
used an offensive word. A gentleman in Mr. Smith's poet-
non ought not to have acted as he had done. There wee no
occasion for Mr.- Smith to push the quartermaster ont of the
ship. The cue was, however, divested of the aggravated
circumstances with which it wu introduced. The object of
the prosecution will not to obtain a heavy tine, but to makiait
clear to everyone that the officers of the Admiralty engaged
in an important service could not be interfered with or
molested. He thought the justice of the case would be
answered by inflicting what wee to Mr. Smith only a nomi-
nal penalty, a fine of 40e.
The penalty was instantly paid.