The Sun.
London, England, 1856-01-26 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JANUARY 26, -1856.

LINES L!tiliED ,T ttggl'A (.I^.

LAW INTELLIGENCE—(This Day.)

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yester•!a .

COURT OF CRIMINAL APPEAL.

(Before Lord Chief Baron Pollock, Justices Coleridge,
Cresswell, and Williams, and Mr. Baron Martin.)
THE QUEEN V. JOHN MOORE.

London &
N. West.
Caledon...
E. Un.
E. C.
E. Count.
(-;aldonian

93 -
91 - 98

Mr. Ballantine said this was a case reserved by Mr.
Justice Cresswell, at the late Chester assizes. The pri-
soner was indicted on two counts, but found guilty only
on the second, for that he being a servant in the public
service had applied to his own use and benefit, and " did
steal and carry" away upwards of 5,0001., which he had
collected on the part of the Crown. The prisoner was a
collector of Inland Revenue, and also of the income
tax and land tax, at Chester, being allowed to retain
1001. in his hands with which to meet contin-
gent expenses. There were two inspectors to whom the
prisoner had to send a return, showing the amounts be
had received and remitted and the balance he had in
band. According to the accounts furnished by him in
July and August, 1855, the balances were found to ex-
ceed those allowed, and that in September it amounted
to more than 5,0001. After examining the accounts by
the inspectors it was found that the balance the prisoner
had retained amounted to 5,2141. The prisoner at that
time said he knew the balance was about that sum,
having himself gone through the accounts a few days
before. The inspectors asked him if he was prepared to
hand over the amount or any part of it. The prisoner
said "No." The inspectors reminded him that his balance
was 3001. in excess of his collection the previous Mon-
day. The prisoner then took from a drawer 2551. in
Bank of England five-pound notes, a check for 251. Bs.
4d., and a money order for 145., saying that that was
all the money he had in the world. The inspector asked
him what he bad done with the rest of the money he
was deficient of, to which he replied he had spent it in an
unfortunate speculation. On the trial it was objected
that no evidence of the part of the crown had been given
to convict the prisoner under the 2d William IT., chap.
4th, which declared that any person in the public ser-
vice fradulently applying money entrusted to him to his
own use should be " deemed as having stolen the
same, and be guilty of felony, and on being con-
victed shall be liable to be transported for a term
not exceeding fourteen years," the learned counsel
submitting that the offence with which the prisoner
was charged, amounted to but larceny and not felony.
It was impossible to convict a man of felony for stealing
a general balance, but that he should be indicted for
stealing specific sums at a given time ; or a man, after
being tried and convicted for embezzling a general
balance, might be tried on a specific charge that had
been included in the general balance.
Lord Chief Baron—He might then plead the indict-
ment charging him with the general balance.

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74 - 8•
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31 - 32
83 - 85

Mr. rialiantine said that the facts of this case amounted
to an embezzlement, and was a matter that could not be
made the subject of a specific theft, to constitute felony.
To support this indictment it was necessary that a dis•
tinct receipt and misapplication should be shown. The
learned gentleman proceeded to read recorded cases of
embezzlement, which, he contended, were applicable to
the case, and should guide their lordships in considering
the words of the statute.

Mr. Baron Martin—But this case depends entirely
on the words of an act of Parliament as clear as any
that had ever been used.

Mr. Justice Cresswell reminded the learned counsel
that the 7th and Bth Geo. IV., referable to cases of em-
bezzlement, did not contain the words " management
and control," introduced into the 2d William IV., which
was important in money matters.
Mr. Ballantine said it had not been shown that the
sum of 5,0001. ever existed, was entrusted to the pri-
soner, or had been under his control or management.
Mr. Welsby having addressed the Court in support of
the conviction,

The Chief Baron said their lordships were of opinion
that whatever difficulty might exist with regard to the
5,0001., there were none with regard to the 30@l. It
was a case not necessarily of embezzlement, but was one
that came within the meaning of the act, which was
passed to give the utmost facility in punishing persons
guilty of improper conduct with re3peot to the receipt
and disposal of moneys belonging to the Crown. The
learned judge then proceeded to enlarge on the construc-
tion of the clause, and the intention of the Legislature at
the time of passing it, remarking at the same time that
he did not approve of the Legislature permitting ono
thing to be called in name by that of another. It was in-
convenient, but,J it being the law, they must act ac-
cordingly. _ _ _

Theoiher ltivned judges being of a similar opinion,
The conviction wag confirmed.

METROPOLITAN BOARD OF WORKS.

The following appeared in part of our iinpre3sion of
yesterday :

This morning a meeting of the members of the Metro-
politan Board of Works was held in the Council Cham-
ber at Guildhall, for the purpose of transacting the usual
business, and also for the election of proper persons to
fill the offices of engineer and accountant to the board.

The CHAIRMAN having briefly addressed the meeting
and alluded to the purposes for which they had met,
called upon the clerk t• read the names of those gentle-
men who had offered themselves to fill the office of
engineer.

The CLERK (Nfr. Woolrych) then rea•i the names of
those gentlemen, which were severally put to the meet•
ins, when there appeared for—

Mr. Bazelgette
Mr. Rawlinson
Mr. Cox
Mr. Henrick
Mr. Freebody
Mr. Dixon •....
Mr. Ikin
Mr. Booth
Mr. Treago

. 32
.. 16

The list was then returned to the following four gen-
tlemen, viz., Mr. Bazelgette, Mr. Henrick, Mr. Raw-
linson, and Mr. Booth.

The reading of the testimonials of the before•
mentioned gentlemen then took place.
Mr. SAVAGE moved that the four gentlemen be now
allowed briefly to address the board, and answer any
questions that might be put to them.
Mr. HOWES seconded the naotion.
The CHAIRMAN put the motion to the meeting, when
it was carried unanimously.

Mr. NICEIOLAY then proceeded to read a letter from
a gentleman, statisg that Mr. Bazelgette'e assertions that
he was resident engineer, and had constructed certain
large works connected with the Theme Valley Canal
were untrue.

A number of members wished for the name of the
writer.

Mr. NICHOLA.T-Mr. F. 0. Ward. (Criog of Oh, oh.)
After a short discussion it was determined to call Mr.
Bazelgetto to address the board.

Mr. BAZELGETTE, aid the ether members, having ad.
dressed the board, the chairman proceeded with the elec-
tion, when Mr. Bazelgette was declared the successful
candidate.

ELECTION OF ACCOUNTANT.
Mr. Hutton, after two or three divisions, was elected
to fill the office of accountant.

THE BANK OF LONDON.

Mr, TURNER brought up the report of tho committee
as to the appointment of treasurer, and moved that so
much of it as went to the appointment of the Bank of
London as bankers to the board be agreed to.
After a conversation, the motion was unanimously
agreed to.

Mr. TURNER then moved that the security to be re-
quired from the Bank of London be 50,0001.
Agreed to.
Some other routine business having been transacted
the board adjourned.

UNITED KINGDOM BENEYOLENT ANNUITY FUND.—
Yesterday a general meeting of the friends and sup-
porters of the above institution—founded in IESI to give
permanent relief, by allowing annuities from 10/. to 50/.
to indigent persons of all classes, and of either sex—was
held at the London Tavern, Bishopsgate-street, for the
purpose of electing three annuitants on the fund from a
list of 67 deserving candidates. The Rev. It. N.
Buckmaster, 8.A., occupied the chair, and after
prayers had been offered up by the honorary chaplain,
the chairman stated the object of the society in a brief
but eloquent speech, observing that the United King-
dom Benevolent Annuity Fund bad already been the
means of placing comfort and happiness at the disposal
of persons who would otherwise have been dependent
on the casual bounty of friends, or compelled to have
recourse to parochial relief. He, therefore, felt that, to
give the operations of the fund a much wider scope, the
charitable public should endeavour to increase the list
of subscriptions. (Hear, hear.)—C. W. Coleman, Esq.,
the secretary, reported to the meeting that there were at
present 17 annuitants on the fund, one of whom had
been elected to a second annuity of 101. Three more
would be elected on the present occasion, making the
total number of annuitants 20. With regard to the
financial condition of the fund, the committee rejoiced
at the continued blessings bestowed on the charity, but
still regretted that the list of subscribers was not more
numerous, as they felt that, to be enabled to carry out
what they had commenced, they must have increased
pecuniary aid. In conclusion, the committee trusted
that, by the next annual meeting, to be held in July
next, the condition of the fund would be materially ad-
vanced.—After the transaction of some other business,
the election of three annuitants was proceeded with, and
the poll was closed at three o'clock. The names of the
successful candidates having been announced, thanks
were voted to the rev. chairman, and the meeting
broke up.

INVESTITURE OF THE ORDER OF THE

BATH AT PARIS,

The Moniteur of yesterday publishes the fol-
lowing :
"A most interesting ceremony took place yesterday
at the English Embassy. The Order of the Bath was
conferred upon a number of general and superior officers
of the French army, who, in the Eastern war, had de-
served that high distinction, which can only be obtained,
according to the statutes of the Order, for eminent ser-
♦ices rendered to England.
" Generals Bosquet and Regnaud de St. Jean d'Angely
received the Grand Cross of the Order ; Generals Niel,
de Martimprey, Dltllinet, Dalesme were appointed
Knights Commanders ; Generals E4pinasse, de Beville,
Clor, Maneque, and Colonels Comignan, de Rochebouet,
Bellies, and others were appointed Knights Companions.
" Conformably to the statutes, the members of the
Order present at Paris were assembled ; in addition to a
number of English General-officers, the three Grand
CrosseS conferred by the Queen's own hand during her
visit at Paris—his Imperial Highness Prince Napoleon,
Marshal Valliant, and Gen. Canrobert —were present
" At half-past 6 the ceremony took place with that pe-
culiar pomp attached to the ancient institutions of Eng-
land, which was heightened still more by the recollection
of the recent great acts accomplished, and by the pre-
sence of so many illustrious personages, many of whose
wounds are not yet healed. All the members already
decorated wore the insignia of the Order.
"Lord Cowley, the English Ambassador, having his
Imperial Highness Prince Napoleon on his right, per-
formed the act of investiture under a dais surmounted
by the arms of the Queen of England, and wearing the
Grand Collar and Cloak •f the Order.

" Having read the different letters patent of the Queen,
be handed the insignia to each of the new Knights, led
up to him by two introducers. His Excellency then
made a short speech, recalling the glorious titles the new
members of the Order had to the favour of the Queen
and to the gratitude of England. Lord Cowley expressed
the pleasure it would have afforded the Queen to have
performed the ceremony of investiture in person, and
concluded by wishing them, according to custom, a long
and prosperous life, which would enable them to enjoy
the honours conferred upon them.

" Immediately after the ceremony the banquet-hall
was thrown open ; places were arranged for all the
guests.. His Imperial Highness sat opposite the Ainbas-
eador, with Lady Cowley on his right hand. At dessert
the English Ambassador proposed the ' Health of the
Emperor of the French.'
" Prince Napoleon replied as follows :
" 'My Lord and Gentlemen,—l propose to you the
Health of her Majesty the Queen of England.' In the
name of my comrades of the army of the East, I thank
her Majesty for the high distinction which she has
deigned to confer upon us ; if, in our devotion to the
most just of causes, for which we have fought and
triumphed, we stood i❑ need of an encouragement and a
recompence, we should find them in the striking proof of
the favour of an august Sovereign and of the gratitude
of a great people our ally. 'ln the name of the army to
the Queen of England !'
" Lord Cowley then proposed toasts to the French
army and navy, and Count Walewski proposed the
Health of the Artily and Navy of England.'
" In conclusion, the English Ambassador proposed a
final toast as most opportune and important in the pre-
sent state of affairs—a toast to the speedy conclusion •f
peace, to the legitimate hope which the new negotiations
gave to the allies, and in particular to the English people,
to see finally a termination of the evils of war—evils,
(added his Excellency) the full extent of which the fling-
, trious soldiers here present are able to appreciate, as they
were spectators and many of their glorious comrades
victims thereof.

"This fete, so complete, is another link between the
two armies and the two peoples ; it is of a nature, from
the recollections it will leave among eminent igen who
have recei►ed such high marks of the favour of Queen
Victoria, to cement the alliance of the two great Western
rowers, upon which the future destiny of the ci►ilised
world rests."