17th September 1800
Reference Numbert18000917-52
VerdictNot Guilty

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639. THOMAS THORPE was indicted for that he, on the 6th of August , being employed in the capacity of a servant to Daniel Allen , did, by virtue of such employment, take into his possession, from Thomas Wood, three shillings and sixpence, for and on account of the said Daniel, his master, and afterwards did embezzle and secrete the said sum of three shillings and sixpence, the monies of the said Daniel, for whose use it was so taken into his possession .

Second Count. For feloniously stealing, on the 6th of August, three shillings and sixpence, the property of the said Daniel.

DANIEL ALLEN sworn. - I am a carman : On Wednesday the 6th of August, the prisoner worked a cart for me; he did a load of wine from Towerdock to Cornhill, as I was informed by a witness in Court, and he never gave me any account of it; I did not discover it till, I think it was, Saturday the 23d; when the prisoner came home on the Wednesday night, the 6th, I discharged him, because I accused him of having done more than he had given me an account of; he told me, if I would tell him what it was he would give me the money, but if I could not he would not; he gave me an account that day of four loads paid for, and two half loads paid for; and two loads that were not paid for, which I have received the money for since.

Q. Are you sure that none of those loads include this load of wine? - A. No; it is not in the book;

I have received all the money that is in the book; he has entered in the book every place that the loads went to but not this.

THOMAS WOOD sworn. - I am a master carman: The prisoner and I went with two loads of wine, and he unloaded first, in Cornhill, at Tarle and Harper's; he drove Mr. Allen's cart, his name was upon it; he went up to receive his money and be could not give change, and he asked me to take his money; I received seven shillings; and I saw him afterwards in Thames-street, and gave him three shillings and sixpence, his share, for Mr. Allen his master.

GEORGE DUDLEY sworn. - I am a constable: I know nothing more than apprehending the prisoner.

Allen. The prisoner did not come to work the remainder of the week, and the Tuesday after he summoned me for his money.

Prisoner's defence. I received three shillings and sixpence of that gentleman, and when I came home my master was not at home, and I gave my mistress the money; I gave her seventeen shillings and four-pence in all.

HANNAH ALLEN sworn. - Court. Q. Is it true that the prisoner paid you seventeen shillings and fourpence upon this Wednesday, the 6th of August? - A. No; I did not settle with him at all that night

Q. Did he at any time afterwards? - A. No; he always settled with my husband.

The prisoner called one witness, who gave him a good character. NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

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