The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-19 00:00:00

1"'

other sal iable security or effects, for or on account
of his master or masters," &c. &c. Now, Gibson
being sworn in es the collector's clerk, could not I
Ly 1111} interpretation of the Act be considered as
the servant of the Corporation, but the servant of
Mr. Ogle; lie is not a clerk within the invaiiiiig of
the Act, as at all responsible by indictment ;and
on the other hand Mr. Ogle was Dot responsilde
to the Corporation for our thing inure than what
Gibson, Ids clerk, paid him ; and as that clerk
was in the service of Ibis Slajebty's Commissioners
of Customs, and sworn in as tits* h. the embezzle-
ment he was charged with against the Corporation
was inapplicable to any case the statute hail pro-
vided against. Mr. Scarlett, urged, therefore, that
as the money taken by tblison, was not embezzled
from the customs, the situation he was sworn into,
but from the Corporation, the two necessary in-
gredients to support the indictment did not concur.
Mr. ‘Vittiasts followed on the same side.- and
quoted a variety of precedents to establish the in-
validity of the indictment, as well against Gibson
as the other Prisoners implicated.
Serjeaut CLAYTutiI, in reply, stated that the
Prisoner, Gibson, was iii r public employment. nut!
the Act expressed, " That if any servant or clerk,
or any perseu employed for the purpose, in the
capacity of a servant or clerk, to any person or
persons whomsoever, or to any 1104 corporate or
politic," Ste. he guilty of embezzlement, &c. such
person or persons will be liable to the penalties of
that act. Thu Prisouers, therefore, were either the
servants of Ur. Ogle or of the Corporation ; there
was au espceial trust committed to their eliurge,
and the art includes theta 311. If lie is in the
employment of Mr. Ogle, he received t.ie money
tin that account : if he is in the employment cf
the Corporation, tic received it on their account.
Mr. ScAttI.ETT, in rejoinder, said, it was no mat-
ter whether, when the money came into the hands
of Mr. Ogle. he had a property in it, or on whose
account he had it ; still. when the Prisoner has
the money, Mr. Ogle cannot be injured by it,
fur Mr. Ogle is nut responsible far the Prisoner's
default. _ .

Baron Woos overruled the objections :—As to
the first, that the Prisotter was not in a public em-
ployment as to the receipt of the dues : As to the
id, that the prisoner is the clerk of Mr. Ogle, and
therefore the money is received• on his account ;
and that although there was n• privity ht .ween
Cithson and the Corporation, still Mr. Ogle is ie-
sponsitile to the Corporation.—But note, that
in all the counts of the indictment the Pi isoner was
charged us receiving glee: eterk-110111, the evidence
was, that he did not receive it as the clerk, but out
of the capacity of clerk.
Lordship, in addressing the Jury, stated,
that the prosecution was founded upon an Act of
Parliament to protect the master against the em-
bezzlements of his servants—au Act of the greatest
consequence in a great corumercial country, and of
the utmost importance to be strictly executed.
After summing up the evidence with much preci-
sion, he said it was clearly proved that Gibson had
been guilty of embezzling 41. and the only istestiou
for them to consider was, whether or not the other
Prisoners, Brenkaton and Simpson, had been aid-
ing and abetting in such embezzlement ?
Gilson--Cauty.—Brankston and Simpson, guil-
ty of aiding and assisting.
When the Prisoners were brought up for seal-
fence, his Lordship observed, that their crime was'
the worst offence of the kind that had ever come
under his observation; as it arose from a deliberate
purpose of fraud, and was as deliberately carried
into effect, by making false entries in their books.
The sentence was, that they should be transported
beyond sees for the term of seven years to such
place as His Majesty should think proper.

Jamaica Papers to the loth ult. hoe come to
band. The Expedition against St. D go pro-
mised to prove completely suceesrful„—Dispatelees
had beets received by the Duke of NIANCIAESTER,
mating, that all the first division of the Expedition li
had arrived, except the schooners John and Diego.
Major-Geticrial C•RMICHAEL and the troops had
lauded on the JOth of June, without oppositiom
marched toasvils the back of the city, and were pre-
paring to curry on the siege with vigour.
It isolated in private letters from and Mi-
norca, that Sue Josue STUART haJ entered the city
of Naples. This account dues not appear to de-
serve credit, though it isexpressly stated that Sir
Jona landed at Baia, which is within 15 miles of
the metropolis,
His iVlaas:rrs's ship Bertoiek. of 74 gims, built
by Messrs. PEftny. WELLS, and co. at Blackwell,
will he launched on the 11th of ney:t mouth ; and
the Maxilla, of 36 guns, built in Woolwich Dock-
yard, on the same day.
The Eadeacour, from Liverpool to Bra-
zils, got on a rock near and is condemned.
The Royal Edward. —. from Jamaica to
London, is 011 shore ou Seise.' Bill.

A letter from Boston, dated July 17, says—
" Captain SMITH, V. hu arrived yesterday, in '24
days from Cuba, informs us, that two days prc-
Mous to ism assling, a Gentieromi came to that
place from Port-au-Prince, and reported, that
NTION had collected all his followers in mots,
Ainutintilig to übottt 14,0110, of which .2,000 were
cavalry; that of this force 4,007 had marched
alpinist the Cape, under the command of four
Colonels, who, in C 434 of ra:cess, were to be pro-
moted ; and marched with a determination to effect
their object, or to perish in tie attempt. This
Gentleman added, that information had been re-
ceived of the unmolested march of this little army
to width' (20 miles of the town ; hut that the news
of their approach having heeu gained by the
enemy, thy troops and inliallitants were collected
to defend the place. It was, however, conjectured.
that their resistance would he fruitle.., and that
the town had already capitulated. PI.TION was
encamped shout eight miles from Pertain-Prince,
with the remaining troops, waiting the result of this
enterprise ; when it was his imteution to join Ge-
neral Ls Musa, who commanded at the Mole, and
attempt the iissineirhate and total annihilation of .
CitaissisenE's army. Accounts had also been IT-
mired of the destruction of a part of CHRISTOPIIE'S
fleet, and the dispersion of the rernaincler.....lustrue.
tutus have been sent to the ,iillectois, from the
Treasury Department, to allow the admission of
ships of war of Great Britain and Frame, as wall
its all ether nations, without restriction."