signoe by the Governor, and being a public ser- vant of Her Majesty, did actually steal, take, and carry away the sum of $50,000. That included the whole sum he was charged with embezzling and stood on a very different footing from the other counts. The second count also included the whole amount the prisoner received in the bankruptcies, including Lyall, Still and Co.'s, and the ques. tion was reserved whether these moneys were moneys he received for a public purpose. Now they came to the third count, which was really the most important. The amount mentioned in this count was the sum they found the prisoner had charged himself with in his own accounts, and that included the amounts mentioned in the fourth and fifth couuts, which might be consi- dered particular items and which the Attorney. General pointed to as instances of specific mis- appropriations. His Lordship then read over the evidence, und in reference to the prisoner's going to Macao, he said his non-appearance in answer to the order of the Bankruptcy Court to band over the moneys which he admitted he re- ceived by his own statement was very strong evidence against him indeed. It was true officers of the Court had been in the habit of going to Macao from Saturday to Monday without leave, but the prisoner, in his uote to Mr. Plunket, said ho was going for a few days. His Lordship weat on briefly to explain the law on embezzlement, and said that some of the strongest evidence of embezzlement would be a failure to account. Well, the fearned counsel for the prisoner said he had accounted. But the next point in em- bezzlement was not only that he does not ac- count, but that he failed to pay over. Now, considering he was summoned to pay over all these moneys, the jury would have to say whether he did embezzle the money he was charged with embezzling on this informa- tion. The learned counsel for the prisoner, con- tinued his Lordship, referred to our Bankruptey Ordinance. Well, I bave yet to say a few words about that. It is a most imperfoot law altoge- thor. It is a kind of adaptation of the law of 1861 in England, which was found so difficult to work that in 1869 they abolished it, and we should have done the same but that we have been wait. ing for the new law. Sourcely a session passes without the Lord Chancellor producing a hill, which never passes. There is one now under consideration and perhaps we may hope to see it next year. It seems there were general orders drawn up. They are certainly most defective, but I apprehend that in the sections pointed out to you there are the clearest directions to au assignee as to what he shall do with the money, and section 174 provides that if he retains $300 for more than a week, or employs it for his own benefit at all, be is liable to be charged with such amount and interest at the rate of twenty-five per cent. In section 152 it is also provided he shall not keep money in his hands. Therefore, you see, the Act itself, imperfect as it is, prohibits in the strongest way an Assignee retaining money, and, as the Attorney-General pointed out, the word "Assignee" includes the Official Assignee, Gentlemen, besides that I may say of myself the real fact of the oase is this. The late Mr. Alexander, who was a most able and eficient public officer, really kept his accounts and everything in such perfect order, that the necessity for an audit was not at first very apparent. It was at the time that Mr. Alexauler was acting as Colonial Secretary that Mr. Huffam was appointed. Sir John Smale has over and over again advised Mr. Huffam to get a proper audit of the accounts and has never sue- ceeded in doing so, until the other day His Ex- oellency the Governor appointed Mr. Arnold to audit the accounts. Gentlemen, I don't think I need detain you any longer. I have pointed ont to you what the facts of the case are. I leave the whole case to you, and I will ask you to find a verdict on each of these counts. Two of them are included in another, but as we are going to have the points of law argued, I would ask you to find a verdict on each of the counts.
The jury after a short retirement, found an uuanimons verdict of guilty on all the counts.
Thursday next was fixed for the hearing of the arguments on the points of law reserved.
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