Star.
London, England, 1828-12-20 00:00:00

ISIS. his part of the duty of witness to attend-the
meetings of the Hospital Board on each of their days of
assembling. Mr. Austin attended those meetings as the
representative of the Treasurer, and also in his capacity
of chief clerk to the Hospital. Mr. Austin, with the
other officers, waited in an anti-room ready to be aled
in if wanted.
By the GILIDOZ—Mr. Austin could receive no money
in his capacity as chief clerk, w ithout a special authority
from the Board.
Mr.Willeam Slack is a desk in the Bank of England,
and produced the hank books for 1827. In o.totser of
that year there was an account in the name ol Sir Thos.
Bolton Thompson, Bart. as Treasurer of Greenwich
Hospital. A pas: book was kept for that accfult, and
money both paid in and drawn out. The pass book
was made up monthly, and the voncl ors returned.
They were generally On in the pocket c f the pass hock.
Mr. John Austin is tt clerk in t' e Treasurer's office
of Greenwich Hospitals He used generally to fetch
the pass-book for Mr. Austin from the Bank. He
mostly gave the bo • k to Mr. Austin, but if Mr. Austin
0 as not in the way, he placed the book in the hands of
Mr. Knowlden. He might have so placed it a dozen
times.
Mr. Knowldt n re-calleda-Witness, when he received
the book,.always I-cked it up in the strong :nom till
he had an opportunity of giving it to Mr. Austin.
Cross esamiried—All papers and documents left by
Mr. Austin in the strong room have b en transferred to
his successor.
Mr. White produced three notices which he served on
the prisoner and his attorney, calling ors.them to pro-.
duce the pass b-ok and oti.er documents. The first
notice was dated on the 13th of December.
Cross examined-,-Did nut know that every documet
aid paper in the possession of Mr. Austin had been
seized on his apprehension.
The notices were put in and read ; but it appearing,
that the first notice was in very gener..l terms, and the
two last only served two days before the trial, the
Learned Judge decided that they were inadmissible.
Mr. Walter is a st •ckhroker, and knows Mr. Austin,
for whom he has dine uiness since-1823. His first
introductitu to Mr. Austin, was oning to his being ern-
ployed to Illy and sell stock on account of the Hospital.
He after wards did business for Mr. Austin on his private
account. He made trifling purchases of shares and se-
curities for him; he could not say what kind of securi-
ties; he did business for Mr. Austin generally ; has re-
ceived money from Mr: Austin in payment of such'
shares. Witness has no account made by himseT of the
state of the money transactions lietween himself and Mr.
Austin. In October, 1827, he received from M. Austin
check. on • the Bank of England fir 1,001. Witness.
paid it to his hankers, Spooner and Attwoodosho gave
him credit-for it. Witness afterwards lent that, money
on his own account, and nct on accouct of Mr. -Austin ;
he borrowed it of Mr. Austin for the purpose of lending
it; he did not repay the money till two or three months
afterwards. In November of the same year, he received
another check from Mr. Austin for 2,000 i. in the same
manner, and for the same purpose ; it was to be em.
ployed for Mr. Austin's .benefit ; on the 14th December
witness received another check from Mr. Austin, for
2& but whether that suns was to be lest out, ,or
whither it was for " general disbursements," he could

not say.
By Mr. BritcaND—What instructions did Mr. A ustin
give ys.o when be paid the 1,0001. to you ?
Witness.—Nothing further than to pay him interest
fur it.
Witness repaid the money by direct payments into
the Bank of England, to the credit of the account there,
standing in the name of the Treasurer of Greenwich
Hospital. He repaid 1,8001. in bank notes on the 31st
of January, and a further sum of 2,0501. on the 21st of
February. There had been other and larger dealings
between him and Mr. Austin. In the vations transac-
tions he had with Mr. Austin, the money was always
advanced by Mr. Austin, in a check drawn upon the
Bank of England, and. signed in his official capacity as
Deputy Treasurer.
Mr. Justice Buaaouou here observed that, from the
evidence of the last witness, it appeared the money bid
been returned, consequently there could have been no
felonious application of it.
Mr. BOLLAND—There has been a fraudulent appli-
cation of it.
Mr. Justice BURROUGH—Yes, but before that was
discovered the money had been paid back. He consi-
dered that this aas not an embezzling of the money
within the meaning of the Act. The prisoner must be
acquitted. Whether be might not be indicted under
some other clause of the Act, is another question.
The pi isoner was Acquitted accordingly.
The prisoner was again arraigned on an indictment
charging that he, being a clerk and servant to SirThos.
Bolton Thompson, did feloniously embezzle forty one
notes of 51. each value, two sovereigns, and eight silver
shillings.
In a second count he was described to be the servant
of the Commissioners of Greenwich Hospital.
It appeared that on the 13th r t April, 1827, the
prison* received the money in question from Mr. Clif-
ford of the Navy Pay-office at Chatham, on account of
the Hospital; that he afterwards wrote to the Secretary
admitting the receipt of the money ; but on examining
his accounts, it was found that be had never carried it
to the. credit of the Hospital.
Salmon, of Bow-itsesa, proved the apprehension of
the prisoner.
Cross examined—The chaise in which he was con.
'eying the prisoner was-upset, but he did, not attempt
to .

escape. .‘
By the JUl)ol—Had he an opportonity of escaping?
Wiine-s—l thidk not.
The Junua—Were you armed?
Witness—Yes, with a brace of pistols.
-The JUDGE—That was right.
After hearing arguments of Counsel, the Learned
Judge decided that the Deputy Treasurer of Greenwich
Hospital was not a clerk and servant within the mean-
ing of the statute, and consequently that the indictment
could not hold good. -
The rest of the indictments having all the same de-
fect, were not proceeded with, and the prisoner was
discharged upon finding four sureties in 501. each, to
become bound for his appearing to answer any fresh
charges that might be preferred against him at the en
suing Assiz.s.
The sureties were immediately -entered into, and Mr.
Austin left the Court in company of his Mend..

Letters frost Copenhagen, dated the 6th inst. men-
tion that the disorder of the measles was raging to an
alarming extent-1'2,000 cases, which is nearly one•
eighth part of the population.
The number of Newspapers seems t' increase almost
daily in France. In one department alone (the depart.,
ment du Nord) there are no less than fourteen, nine of
which- are Constitutional, three Absolutist•, and two
Ministerial ; and two more liberal ones are about to
appear at Dunicark,Parit Paper.