The Sun.
London, England, 1855-05-07 00:00:00

WARE v. CUMBERLEDGE.

His Honour also gave judgment in this case, in which
the question arose under the Mortmain Act. His
Honour, upon the hearing of ih e case, expressed a strong
opinion that the provision of that act ought not to he
allowed to be infringed upon. In order to enable tes-
tators to give away their property to charities in detri-
ment to their own relatives, and from the observations
he then made, after looking through all the authories,
he did not feel inclined to retract a single word. He
thought the gift of the shares were obnoxious to the
Mortmaiu Act, and therefore that they did not pass.
He was glad to think that his decision would be carried
to a higher tribunal, where the question would be
finally settled.

CENTRAL CRIMINAL COURT (THIS DAY).

The May session of the Central Criminal Co'urt was
opened this morning before the Right Honourable Sir
F. G. Moon, Bart., Lord Mayor, the Right Honourable
the Recorder, Alderman Sir C. Marshall, Sir J. Duke,
and Kennedy, Sir H. Muggeridge, and Sir C. D.
Crosley ; Sheriffs, Mr. Under-Sheriff Farrer, Mr.
Under-Sheriff Crosley, &c.
The first edition of the calendar contains the names of
68 prisoners.
The Recorder congratulated the grand jury upon the
lightness of the calendar, both with regard to the quality
of the offences contained in it and the number of prison-
ers ; and said he considered it unnecessary to occupy
their time by referring to any of the cases, as none ap-
peared to him to present any difficulties either of law or
fact. His lordship said, however, that he thought it
right to state publicly that a good deal of in-
convenience was occasioned by a practice of the
clerks- of the petty sessions and at the police
courts not returning the depositions to this court
until just before the commencement of the session, and
the consequence was that he had no opportunity of read-
ing them, and giving the grand jury any directions which
were required by the nature of the cases. He said
that he mentioned this publicly in the expectation that
it would have the effect of causing the practice to be
discontinued in future.
The grand jury then retired.

The trial of Charles William Winchelsea Bevan for
embezzlement, in his capacity of secretary to an insurance
company, was postponed until to-morrow morning.

ARMY BEFORE SEBASTOPOL COM-

M 1 TTEE.-(THIS DAY.)

The committee reassembled this morning at the usual
hour.

Sir Thomas Hastings was again recalled, and his ex-
amination was resumed by Lord Seymour—He stated
that during the absence of the officials at the Board of
Ordnance, near the close of last year, certain documents
went out with but one signature instead of two, the
usual course. Two signatures were always considered
necessary when questions of principle were involved,
such for instance as the expending of money for the
erection of barracks. Mr. Monsell had authorised in
one instance the expenditure of money, after a consulta-
tion with Lord Panmure, without consulting the board.
If there had been a Master-General in attendance the
whole of the difficulties and disorganisation that had
taken place would not, he considered, have happened.
The firs; order for waterproof capes for the Crimea way
given in November, and for waterpr.)of sheeting a little
before ; the fiat received at the Tower was in January,
1855:

By the Chairman—The functions of the Master• Gen-
eral have been assumed by the Minister of War in seve.
ral instance-.

By Mr. Ellis—ln some respacts the functions of the
Master General were similar to those of the First Lord
of the Admiralty, but rather more exclusive. The
Master General of the Ordnance could reverse the orders
of the board, but which the first Lord of the Admiralty
could not ; the former bad not a seat at the board.

_
By the Chairman—Since the absence of the Master-
General (Lord Raglan) there had been a great clashing
of interests, and had he been in Enjland there would
have been no difficulty in filling up appointments that
had been delayed ; Sir Hugh Ross ha'', he believed, full
powers by his patent as had the Master-General. The re-
commendations to fill vacancies were approved of by the
Master-General, who then referred to the board, and
they were carried out, but there had been instances
where they had been forwarded to the Master-General
and carried out without coming back to the board.
By Mr. Layard—No appointments in the ordnance
service had been lately made out of the regular course.
Additional clerks had been engaged at the Tower, in con-
sequence of the pressure of business arising from the
war. Wit-ness held his office under a patent, and had
its duties been interfered with he should have complained
to the Secretary of State.
By Lord Seymour—A reqUisition for the supply of
a quantity of huts for the army in the Crimea was sent
to the Ordnance office, but it did not come officially
before the board. The first order for them was not
given by the hoard in consequence of some irregulari-
ties ; but he was not present at all that occurred with re-.
ference to the supply. He was unable to say with certainty
if the order for the supply of the huts was signed by
two members of the board ; the Minister of War and Sir
Frederick Smith conducted the matter, and the plan was
ultimately submitted to the Bcard of Ordnance, who
gave their opinio❑ on them, and approving of them, but
at that time he believed many of the huts were actually
constructed. The irregularities in the preliminaries
were subsequently set right. The contract was by Sir
Fred. Smith, with Messrs. Price and Potter, of Glou-
cester.

' By the Chairman—The Board of Ordnance paid for
the huts, because they were urgently required. The
irregularities complained of were those of form merely.
By Mr. Ellice—l think the result of your examina-
tion is that it is as difficult to carry on the successful
administration of the Board of Ordnance without a
Master-General and a complete board as that of the
navy without a first Lord of the Admiralty ?—I think so.
Sir Thomas having put in several documents con-
nected with his evidence retired.

Mr. Monsell, M.P., Clerk to the Ordnance, was next
examined.

[LEFT SITTING.]

LLOYD'S SHIPPING-(THIS DAY.)

Lorrnow, May 7.—Wind and weather this day at noon,
W. to S.W. ; moderate breeze, and cloudy.
OFF COWES, May 6.—Washington (s.), from New York,
for Bremen.
RAMSGATE, May 6.—Wind, N.W. Arrived—Wave,
from Newcastle, for Constantinople, leaky, and shortly
afterwards proceeded.
DOVER, May 6.—Arrived—John Bagnon, from London,
for Balaklava, with bowsprit_ sprung, having been in con-
tact.

PLYMOUTH, May 6.—Wind, W.N.W.
rood (s.s. transport 77), from London, for the Crimea. Off
Port—Amazon, from New York.
SPITHEAD.—Arrived—H.M.S. Enterprise, from China.
OFF PENZANCE.—AntIesea, from Melbourne.
OFF TORBAY.—Antartic, from New York.
PORTSMOUTH, May 6 —Wind, W.S.W. Arrived—
Aliesta, from Adelaide, S.A., with 1,050 soya. and 850
nngets of gold—proceeded for London.
SCILLY, May 4.—Wind, N.E. Arrived—Adventure,
from Sicily, for Newcastle, .leaky ; Elizabeth Knoll, Per-
nambuco, for Stockholm.
STOCKHOLM, May I.—The Scheeren will probably be
navigable by the end of the week.

(PER ELECTRIC TELEGRAPH.)
LIVERPOOL, Monday Morning.

Wind, W.
Arrived—Washington, from New York.
Sailed--Lord Mu!grave, for Constantantinople ; .Arno,
Genoa.

QUEENSTOWN, May 5.

Wind, S.W.
Arrived—Sedulous, from Matanzas ; Laura, Licata ;
Lorenza, Alexandria; Glanmire, Barbadoes; Ann Hinck-
ley, Cuba.