The Sun.
London, England, 1850-06-08 00:00:00

THE QUEEN V. WATTS.

It will'be recollected that this case was tried at the
last sittings of the Central Criminal Court, before Mr.
Justice Cresswell, when the prisoner, who was the lessee
of the Olympic' Theatre, was found guilty of larceny, for
having abstracted and destroyed a cheque or voucher,
the property of the Globe Insurance company.
The case now came before this Court in the shape of
an appeal on certain points reserved by the Learned
Judge.
Mr. Cockburn appeared on behalf of the appellant,
and the Attorney-General in support of the conviction.
The facts proved at the trial were simply these:—The
prisoner had been in the employ of the Globe Insurance
Company for many years, and in that capacity
he had the charge and custody of certain
books and papers, which he was to deliver up
to the compauy whenever required so to do.
He was also a shareholder in the company.
It appeared further that a drawing account was kept by
the company with Messrs. Glyn, the Lankers, and
that a messenger was in the habit of going to the bank
every Tuesday for tl'e pass-book and return cheques
and bills paid during the week, and it was his duty to
deliver these to the prisoner. On the 26th of February
last a cheque for 1,4001., which was supposed to belong
to the company, was paid by the prisoner into the Lon-
don and Westminster Bank on his own account, and
some suspicion having subsequently fallen on him, a
search was made for this cheque, but it was nowhere to be
found. It was not shown that the cheque had been
drawn by any one legally authorised on the part of the
-company. On this state of facts it was contended by
the prisoner's counsel that there was no evidence of the
prisoner having taken any property except that in which
tie had an interest as a shareholder, and that he could
not he indicted for stealing anything in respect of which
ho was a joint owner. Mr. Justice Cresswell told the
jury, that if they thought the cancelled cheque was
eceived by the messenger and Lby him delivered to
the prisoner in the usual way, to be kept for the
use of the directori, and that after`warJs the prisoner
abstracted or destroyed it, they would find him guilty of
lirceny. The jury, accordingly, found a verdict to that
effect, and the only question uow was whether that di-
rection of the Learned Judge was a proper one under

the circumstances.
Mr. COCKBURN submitted that the above facts did not
go to prove a larceny, and that if they amounted to any-
thing at all, it was simply to a case of embezzlement.
In support, of this argument he said tbe cheque in ques-
tion never came into the possession of the prisoLer's
masters. The messenger, on receiving it from the bank,
placed it in the hands of the prisoner, so that the act
only amounted to a delivery of the chi que to one servant
by the bank,'and by him to another servant.
Mr. Justice COLERlDGE—Supposing a footman was
sent to a silversmith to get a goblet or some other ar-
ticle, and he brought it back and gave it to the butler,
who locked it up in the plate chest, but afterwards ab-
stracted it, would that not amount to a larceny, al-
though the master might never have seen it?
Mr. CtCKBURN submitted that it would be an em-
bezzlement, and not a larceny. If the master was not
aware of his possession cif the article, it would be a
question whether the mere putting into the plate-chest,
made it tbe poperty of the master. The case for the
prosecution only showed that the document was placed
in the hands of the prisoner, and there was no proof of
its having teen abstracted or destrojed by him, and
that was a matter of considerable importance, as the
office in which it was deposited was open to the access
of many other persons besides the prisoner. The next
point iu which he submitted the conviction was bad was
that the prisoner could not be found guilty of stealing
property in which he had a personal and joint interest,
he being a partner or shareholder in the company. The
company consisted of a vast number of shares, but was
not incorporated, and though the Act under which it
was established enabled it to sue or be sued, or to pro-
secute, in the name of the treasurer, yet the Act pro-
vided that all the common incidents of partnership
should continue. The Learned Counsel referred to
l authorities in which the view he contended or
had severa
been taken, and submitted that the Court ought to
quash the conviction.
The ATTORNEY-GENERAL contended, on the part of
the Crown, that the objections of Mr. Cockburn did not
go to impeach the indictment, but had not concluded
when we went to press.

---
SPORTING INTELLIGENCE.
GOODWOOD CUP WEIGHTS.
Age tit lb. Age st. lb.
Collingwood ...... a 9 12 Montes
Chanticleer......... a 9 7 Knight of Gwynne 3 7 4
Peep-o-day 80y... 6 9 7 Nutshell
Canezou ......... .. 5 9 7 Cariboo
Osterley
Ellerdale 6 9 3 Windischgratz ... 3 6 13
Cossack
Elthiron
Borneo
Justice 5 8 6 Officious
Miss Ann
Stultz
6 7 12 Probity
BEVERLEY, MULL, AND EAST RrDINCI RACES.—The
following match has been maie for the first day:—Mr.
Wright's ch m Miss Milton, by The Bard, aged, against
Mr. Straker's b m Melrose, by Melbourne, 5 yrs; Bst
each; mile and a half; 50 sovs.
The Earl of Eglinton has made a douatioa cf 100 sore.
to the Bentinck Fund.
Mr. Ford has sold Mrs. Taft to Mr. Thcobald.
TnE MARYLEBONE CLUB.—At a meeting of the cons•
mittce of the M.C.C., 27th May, 1850, it was resolved—

May &
June 25

Aberdeen ...... ..

2 Amiens and Boulogne .••
1 Belfast and•Ballymena ••.••••• • • •• ••
2 Birkenhead, Lancashire, and Cheshire
!6 Bolton, Blackburn, Clltheroe,, and W. Y.
2 Bristol and Exeter ............ •• • •
!6 Ca1cd0n1an.............

2 Cheater and Holyhead
10 Dublin and Drogheda• ••• • • •••.• • • • •
4 Dublin and Kingstown •• •••••• • • •• ••
1 Dundee, Perth, and Aberdeen• ••••• ••
2 East Anglian.... ••• • • • ..... ••••• • • ••
1 Edinburgh and Glasgow .• • • •••• •• •
1 Edinburgh and •Perth ..... .......
2 Eastern Counties and North Eastern..
2 East Lancashire .. • • ................
2 Eastern Union—. •• ••

1,245
1,349
535
1,250

Glasgow, Kilmarnock, and Ayr •• ••
Glasgow and Greenock..:. • • •..

Great Northern and E. L. .....
Great Southern and Western ........
Great Western. &c .. • - • • • ...........

Lancashire and Y0rk5hire..........
Lancaster and Carlisle • • • • • • • .....
Leeds and Thirsk .•

Liverpool, Crosby, and Southport.• ..
Londonderry and Enniskillen
London and North Western, &c.
London and 81ackwa11..............
London and Brighton . • • ............

London and South Western . ........
Manchester, Sheffield, and Lincolnshire
Midland, Bristol, and Bitraingham ....
Midland Great Western (Irish) ......
Monklands . • • • • • • ...... •• .... • • .. • .
North British • • ....................

Paris and Rouen ..........

Rouen and Havre..........

Scottish Central . ...... ....

Scottish Midland ..........

Shrewsbury and Chester •• ..........
Shropshire Union ..................

South Eastern and Branches .• •• •• ••
South Devon. • •• . •• •• •• •• •• •• ••

Taff Vale •• •• • • • • ••

Ulster . ........

Waterford and Limerick.............
Whitehaven Junction ...............
York and Newcastle . ..............
York and North Mid1and...........

ITALY.

4,162
6,338
2,809
87c►
1,373

711
4,254

2,370
16,008
3,189
2,351
3,055
1,132

3,t95
4,219
16,702
13,775

, 4,034
1,157

120
46,841
1,075
15,101
11,637
5,1448
20,893
1,333

3.290
5,973
2,544
1,443

449
1,586

472
11,735
1,981
2,417
773

722
3,074
5,391
2,434
1,337

345
1,495

10,829
1,778
2,407
758

200
14,473
6,996

243
12,795
7,514

The King and Queen of Sardinia arrived at
Turin, on the Is►, on their return. fx9m.Savoy. The
Duchess of Genoa has inaugurated her arrival at
Turin by instituting 10 free places in the Military
College of Racconigi, in favour of the sons of military
men, who fell in the late campaigns, and who be-
longed to the corps of artillery now under the com-
mand of the Duke of Genoa, or to the 4th division,
which he commanded in the late war.
The Risorgimento of Turin of the 3d announces
that Monsignor Pranzoni, archbishop of that city,
was set at liberty on the preceding day, the period of
his imprisonment having expired.
Prince Lichtenstein, Commander-in-Chief of the
Austrian troops in Tuscany, addressed a letter to the
Tusca❑ Minister of War on the 29th ult., the anni-
versary of the battle of Curtatone, in which be re-
gretted tat his position did not admit of his being
present at the funeral service to be celebrated on that
day in commemoration of the Tuscan soldiers who
fell in that action, and declared that the Austrians
were the first to do justice to the bravery of the Tus-
can troops on that occasion.
The Milan Gazette of the 2d states that the tele-
graphic wires which are being set up in the Lom-
bardo-Venetian provinces and Tyrol have been cut
in several plaCes. The police are in search of the
, offenders. A reward of from sto 20 florins is offered
I for the denunciation of persons committing such acts
in future.

MINING INTELLIGENCE.
(From the Illintng Journal of this day.)
Since our last, there has been (as we anticipated) a
large; amount of bu.iness transacted, and the inquiries
fur shares in most of our leading names continue to the
present time. Some have been done at a very consider-
able advance, and in several instances, shares that have
been dormant for some time are in active request. In
many mines improvements have been advised; and, from
our correspondents generally, we ltarn that the mines
throughout Cornwall and Devon are in a most favour-

able and improving position.
In Treviskey and Barrier several transactions have
taken place at an advance.
South Tolgus shares have also been in request, in con-
sequence of an improvement in the mine.
West Treasury, Alfred Consols, Mary Ann, Trethellan,
East Buller, South Frances, Treleigh Consols, and South
Bast et, have been inquired for.
South Tolgus, Bedford United, Wheal Buller, and
Alfred Consols are represented to have improved during
the past week.
I'endarves Consols were much in request yesterday.
and several transactions took place at considerable ad-
vance on former quotations. Information was received
that a discovery had teen made on Wednesday last in
the main lode north in the 20 tin. level, which was cut
worth 251. per fry. The 10 fm. level, on the minter
lode, was worth 10/. per fro.; and the 20 and 30 far.
levels worth 5/. per fm.—the latter was expected to im-
prove daily.
At Wheal Basset two-monthly account, the profit for
the months of March and April was shown at
2,542/. l3e. Bd., which, with the balance left from last
account, gave a credit of 3,060/. 19s. A dividend of
2,5601., being 10s. per share, was declared, leaving
balance in hand of 5001. 19s. The mine is reported to
be looking exceedingly well.
Botallack account meeting was held on the 4th inst.,
when
ry6:ti the
February,
rtfaua tvaeormyu naotnf I
leaccountsmine.
twf owerda
stahreebsamonths
roBo3l.
a.
r
no
divide
5100 f Ja-
-110/. among: t the adventurers. The mine is represented
in a very improving position.

At the meeting of the General Mining Company for
Ireland, the second dividend of 5 per cent. for the present
year was declared.
At the Esgair Llee meeting, the accounts for four
monthe, up to Apiil, were produced, showing a balance
against the mine of 272/. 75., and a call of 11. per share
was made.

At the usual hi-monthly meeting of South Tamar
shareholders, the statement of accounts showed a cash
balance of 1651. 2s. 3d., and the account of reeeipts and
payments hero:He the next meeting, on the 6th August
next, showed a balance in favour of the mine of 681. 25.;
whilst the assets over liabilities arc given at 1,9381. 134.
sd. in Savour of the mine. Since the last meeting, 72
tons 2 cwts. 1 qr. of silver-lead ore had been sold, refills-

ing 1,3891. 17e. 3d.
A call of ss. per share LS9 been Male by the Mendip
Hills dimtors.
Favourable reports have been received from Wheal
Union, and shares have been done at an advance in con-
sequence.
Shares in the following mines have changed hands
since cur last:—Devon Great Consols, South Frances,
Comfort, Tresavcan, South Basset, Altred Consols, Tre-
viskey and Barrier, South Tolgus, Carn Brea, West
Caradon, Tincrott, Treleigh Consols, South Tamar,
lleignston Down Console, Wheal Franco, south plain
Wood, Devon and Courtenay, Moditonham, Marrabo-
rough, Ilennock, Trethevy, Wheal Langford, East Bul-
stvrTnrye,thNelisiarny, ALnanie,nPt,enedoaorkve,ss
KCiotenhsoels,
Bul-
ler, west Trefisury, West Tolgus, Tremayne Bryn-
Tol-
cEast
Tamar, South Tamar, Tregear, Exmoor Wheel aarri
`VestTrel
' Eliza,
Wheal Francis, Stray Park, West Stray
Park,Bodmin
Consols, the Grcat Consolidated, and T 0
avy wonsols.