Joshua Hands. I live in Harrow-road, and have one partner—the prisoner was in our service as conductor to one of the omnibuses—it was his duty to put the proceeds of the omnibus into a parcel, and leave it at the toll-gate in the Hampstead-road—the omnibus ran from Kentish-town to Leadenhall-street, and he was to take 3s. a day for his own wages—I went to the gate on Monday, the 2nd of February, and several days afterwards, to see if he had left the money, and he had not—he was then gone—I met him in Tottenham-court-road on the 20th of February—I gave him into custody—he said he had received 8s. 6d. on my account, on the 1st of February, and that he had taken his wages from the same, and had incurred some expense, but what I could not make out, and the remainder was so little, he did not think it of any account—he sometimes took 15s. a day, sometimes 10s. in the two journeys.
Cross-examined by MR. DOANE. Q. Is your partner here? A. No; he does not interfere in the business—I sometimes receive the money of the conductor, but his general practice was to leave it at the gate—I went and got it—I had sent a person to take the prisoner's place on the omnibus, because I was dissatisfied with the account he gave me—I was not in the
yard on the Sunday, and did not see the prisoners. I heard from the coachman what the prisoner received the prisoner said he had received 8s. 6d. that day, and deducting 3s., would leave 5s. 6d. I never instruct servants to pay for any thing on the roads. I pay all the bills. I do not know that there were any panes of glass broken in the omnibus.
HENRY COLSON . I drive the omnibus. On the 1st of February, we had two journeys the fair was 6d. each. we took 8s. or 8s. 6d. the prisoner received the moneys. I saw him again, two or three days afterwards, but I did not know of this.
Cross-examined. Q. Do you recollect the window being broken? A. There was one repaired by order of Mr. Boltons. I think the glazier wanted 2s. or 2s. 3d. for its. I heard Mr. Bolton order the prisoner to get it mended.
NOT GUILTY .