The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-09 00:00:00

CHESTER ASSIZES

Mr. JUSTICE CROMPTON sat in the Crown Court
yesterday.
EMBFZELEMENT BY A CORPORATION SURVEYOR.—Ben-
jamin Baylis, late surveyor under the corporation of Chester,
and more recently in the town of Rotherham, was placed in the
dock charged with having embezzled the value of a quantity of
lead belonging to the corporation of Chester. The prisoner
had been arraigned the previous day on a charge of stealing the
lead in question, but was acquitted upon that indictment. The
value of the lead was £4B. Mr. Wellsby, Recorder of
Chester, assisted by Mr. Wlntyre, appeared for the prosecu-
tion, and Mr. Jefferson Lloyd defended the prisoner. The lead
in question was part of the roofing of an old building which
was being taken downfor the purpose of erecting an Athenaeum.
The contracter for the new building, Mr. Thomas Roberts,
proved that he purchased the lead, and agreed to allow the
prisoner, who sold it to him, for it as part of the work done.
Mr. Edward Roberts, the city treasurer, deposed that the
prisoner had no authority to sell any lead or receive any
money on behalf of the corporation, and that no one except
witness himself had any authority to receive money for
any such purpose. From the evidence of Mr.
James Paul and of the deputy town clerk, Mr. John Walker,
it appeared that the prisoner had several times stated that he
considered the work on which he was engaged in the
Athenaeum as extra work, for which he 'expected to be paid
additionally. In July; 1855, the transactions connected
with the sale of the lead, took place, and shortly afl:er that time
the prisoner left Chester and came to Liverpool. From
thence ho went to London, where he obtained a situation as
surveyor in Rotherham. It was in the latter town that he
was arrested. Previous to his leaving Chester he was several
times urged by the deputy town clerk to hand in to the
improvement committee a full statement of the particulars of
the work done by him in connection with the Athemeam. He
frequently promised that he would do so, but up to the time
of his leaving Chester the corporation had received no account
whatever from him. It appeared that the salary of the prisoner
under the Chester Corporation, had been £l6O per annum.
Mr. Lloyd addressed the jury, on behalf of the prisoner, in a
very able and ingenious speech, in which he contended that
the prisoner had no idea whatever of committing
any act of embezzlement in retaining money which,
under the circumstances, he conceived himself entitled
to retain for his extra services, and that none
of the elements legally required to • constitute embezzlement
were present in that case. His Lordship summed up at consi.
derable length. The jury retired, and, after a quarter of an
hour's deliberation, returned with a verdict of guilty. His
Lordship proceeded to pass sentence, which he did in so low a
tone of voice as to be frequently altogether inaudible in most
parts of the court. Ho said he could entertain no doubt
whatever that the jury had come to a right conclusion in.
believing that he intended to appropriate the money of the
corporation to his own use, and that for this purpose he took
advantage of the position which he held as their servant... The
case was a very deplorable one, considering the character and
position which the prisoner appeared to have held for a long
time. At the same time, when persons in that position
committed such crimes, they should be dealt with more
severely than others who were led by want, by defective
education, by their own misery, and the poverty of their
families, to commit offences which were tried in criminal
courts. As, however, this appeared to be an isolated
transaction, and taking all the circumstances of the case into
consideration, he should not sentence the prisoner to a term of
penal servitude. He should inflict a sentence which would be
a warning to others, because it was of the very highest
importance that servants who were necessarily entrusted by
public bodies with so much` responsibility, should be faithful
in returning the money they received. The sentence of tbo
court was, that the prisoner be imprisoned and kept to hard
labour for twelve calender months.
AN EASY TRIAL.—While the jury were considering their
verdict in the previous case, his lordship called attentiou to
the case of a person named Ward, who was arraigned at the
assizes in December for burglary. He was then found to be
insane, and removed to a lunatic asylniri. Now, however, an
intimation had come from the Secretary of State that the
prisoner was again trausfered to the custody of the governor of
Chester gaol for trial. His lordship's duty was to deliver the
gaol, but it appeared that in this case, as 'the order from the
Secretary of State was not expected, the prosecution witnesses
were not in attendance. The question was whether he should
be tried now, there being no witnesses, or allowed to stand
out upon his own recognizance to come up next assizes. Mr.
R. Lloyd said he prosecuted at the last assizes, but was not
prepared with the prosecution and witnesses' now. At his
lordship's direction the prisoner was put forward. His lord-
ship : Do you wish to be tried now ? Prisoner : I don't
know—your lordship knows
,best. (Laughter.) His Lord-
ship : I should think you had better be tried now. There are
no witnesses against you. Prisoner : Oh, yes, I think I had
better be tried now. (Laughter.) A jury was then sworn and the
prisoner formally arraigned on a charge of having committed a
burglary in December, 1855. No evidence was given. His Lord-
ship said, the prisoner had been sent there to be tried by the
Secretary of State. All the witnesses for the prosecution were
away. That was not the prisoner's fault, and he had a right
to be put upon his trial, if he insisted upon it. (Laughter.)
He had been in custody for a long time in another place, and
there was some reason to believe, that the offence with which
he was charged, was committed while he was in an unsound
state of mind. As there was no evidence against him, the
jury would find him not guilty. The jury returned a verdict'
accordingly. His Lordship (to the prisoner) : Take care you
do not get into such scrapes any more. You have been takers
care of, and have been made well. Do not get into any
scrapes or crimes any more. The prisoner was discharged, and
the business of the assizes then closed

(PROM OUR OWN REPORTER

REWARDS TO BRITISH SEAMEN BY THE
AMERICAN GOVERNMENT.

The Earl of Clarendon has received despatches through Mr.
Dallas, enclosing testimonials, forwarded by the President of
the United States, for presentation to British seamen, " In
grateful acknowledgment of services rendered to American
seamen, under circumstances communicated to his govern-
ment by the Consul of the United States at Liverpool." A
gold chronometer and chain to Captain R. Wilson, and a
medal each to George William Blanchard, George Fiunis,
George Lee, and William. Lee, being respectively master and
seamen of the British barque Sarah, of Belfast ; also a gold
chronometer and chain to Captain Joseph Clark, of the
British hark Batticola, of Liverpool. It appears that
the American brig Crusader, Captain Joseph B.
Wooster, with a crew consisting of master, two
mates, a cook, and four seamen, sailed from Jacksonville,
a port in Florida, on the 23rd of December, 1855, laden
with lumber and rosin for Bordeaux, in France, that on the
6th of January she sprung a leak, and on the morning of the
10th of January, while in a sinking state, and during a gale,
she was fallen in with by the British barque Sarah. The
Crusader's crew did not suppose it possible for any boat to
live in the sea, then running fearfully high, and induced
the Sarah to lie by them In the afternoon, four of the
Sarah's men volunteered for the undertaking, went in the
boat to the Crusader, and after pulling several times under
her lee, finally afforded her captain and one of her
crew an oppoatunity to leap into the boat. Becoming
scared they returned to the vessel, but encouraged
by their captain, they renewed the effort, andfinally succeeded
in rescuing all. The brave seamen who manned the boat are
the four above-named, to whom the medals are assigned.
The other instance was the wreck of the American
schooner Mayflower, commanded by: Captain Dupray. She
sailed from Georgetown, South carolina, laden Stith timber for
Boston, on the 30th of last December. She was capsized on
the 6th of January, and her whole crew perished except the
captain and two others. These three were taken from the wreck
by the direction of the officer of the Baticola, and safely con-
veyed to Liverpool. Mr. Dallas, in his communication to the
Earl of Clarendon, adds that he most respectfully trusts the
noble earl will be good enough to cause those testimonials to be
presented to the persons for whom they are intended, accom-
panied by the thanks of the President of the United States,
by whom their humane and hazardous rescue of American
mariners from imminent peril is justly appreciated.

London was never known for years so empty in August as
at the present time ; it has been a gay and hurried season,
but short.

The Lord Chancellor, on the recommendation of the Earl
of Clarendon, has appointed Herbert Ingram, Esq., MY.,
to be one of the magistrates for the county of Hertford.
The Royal College of Surgeons, Edinburgh, have unani-
mously elected Dr, Andrew Smith, Director General of the
Army and Ordnance Medical Department, an licinorary
Fellow of the college.

Marshal Pelissier, learning that the stay of the Emperor
at Plombieres was to be prolonged to the Bth of August,
asked and obtained the favour of leave to pay his respects to
his Majesty before the departure for Paris. The Marshal
was to arrive at Plombieres on Wednesday.
The Russian clergy have just celebrated a grand mass at
Balaklava, at which every one walked barefoot in sign of
mortification, after which holy water was sprinkled in every
direction. The camp of 6,000 men, which has been formed
on the heights of Inkermann, will be the only military force
in that part of the Crimea.
STRIKE OP MASONS.—The whole of the operative stone-
masons employed in the various public and private buildings
in Newcastle-on-Tyne, left their work on Saturday, and
have not since returned. The dispute has originated (says
The Times) in the determination of the men to enjoy a
weekly half holiday at the expense of their employers.
MELANCHOLY CATASTROPHE.— A painful incident took
place on Tuesday morning, off Millwall, to an excursion of
some 500 or 600 children belonging to the City schools.
The Old I'ather Thames steamer bad been engaged to take
them to the Erith Gardens, and when proceeding down the
river off Millwall, the man at the wheel noticed a fine little
boy to slip through the gangway and fall overboard, and
before asiistance could be rendered, the poor little fellow
sunk and was drowned. His straw hat was picked up and
owned by the mother, who was on board. The unfortunate
little fellow was the son of a lighterman, named Hasler,
living in Upper Thames-street, and was about five years ofl
age. The body has not been recovered.