ALEXANDER LAUDER.
15th September 1819
Reference Numbert18190915-217
VerdictNot Guilty

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1291. ALEXANDER LAUDER was indicted for that he, on the 30th of August , being servant to David Vines ,

did, upon trust and confidence, deliver unto him four sacks of flour, value 15 l.; 12 bushels of flour, value 15 l.; two grates, value 2 l.; one copper, value 2 l.; one muffin-stove, value 2 l.; one desk, value 1 l.; two drawers, value 10 s., and two peels, value 10 s., his property, safely to keep the same to the use of the said David Vines ; and that he, the prisoner, after such delivery, and while he was such servant, did feloniously withdraw himself from his said master, and go away with the said goods, with intent to steal the same, and defraud his said master thereof, contrary to the trust and confidence in him put by his said master , against the statute.

SECOND COUNT, for stealing the said goods.

DAVID VINES . I am a mealman , and live at Reading, in Berkshire. About the beginning of August I took a house of the prisoner at Hackney , persons were in for distress. I paid him 8 l. 8 s., and took upon myself to pay the arrears, which, with the 8 l. 8 s., was 15 l. - he was a baker . I took possession by his assent. He said he wished to be employed by me, to conduct the business for me - I agreed to this, and was to pay him 2 l. a week to attend to the business in my absence; he was to make the bread, sell it, and account to me for the produce on demand. I was to supply the flour.

Q. Were there certain fixtures in the house - A. Yes; he sold them to me, and an inventory was taken in his presence.

Q. Were the articles stated in the indictment fixed - A. Yes; the stoves, desk, and copper - the drawers were part of the desk.

Q. You sent in twelve sacks of flour - A. I did, and in about ten days after I called on him for the proceeds - he gave me 4 l. in money, and wrote on a piece of paper,

"4 l. money, and 2 l. wages," and said

"This is all I have to give you at present." He had consumed five or six sacks of flour. I saw three or four sacks of flour standing in the shop. I went away, telling him, if he did not go on to give better satisfaction, I should send for the remaining flour, and discharge him.

COURT. Q. You did not forbid him to make more bread - A. No; he and his wife came and pleaded hard, I consented to let him go on, as he promised a better account. About a week after I went to my premises, and found them shut up; I could not get admission. On the Saturday following I employed Clark to paint the house.

Q. In consequence of some information, what did you do - A. I went to Hertford, and saw the prisoner opposite Mr. Kimpton's, the baker, door - this was the first Friday in September. I gave him in charge, and accompanied him to London. He called me every thing that was vile, and used violent expressions. I got the key of my premises, went there, and found neither the flour, sacks, nor fixtures. Three sacks and two or three bushels of flour, also some empty sacks, have been returned to me by Mr. Kimpton, of Hertford. I believe Kimpton also returned all the fixtures.

Cross-examined by MR. ANDREWS. Q. You are assignee to a person named Easton - A. Yes; I became assignee on the 10th of August last.

Q. Had you any claim on the prisoner, except as assignee of Easton - A. No; I found him in possession of the house and fixtures, carrying on business. He said it was all to be his on the payment of 100 l., and he had paid 15 l. of it. The house belonged to Easton's estate. An agreement was signed between us, which was read over to him.

Q. Will you swear it was read over to him - A. I will not swear the agreement was read to him, but the memorandum was.

Q. Did you not say to the prisoner,

"If you don't render up the property to me which you have paid for, I shall send the messenger, and take it by force" - A. Never in my life. I produce the receipt for the eight guineas I paid.

Q. Does it not say,

"Received of Alexander Lauder " - A. It says

"Received of Mr. Lauder." I had not then got possession.

Q. Had he not liberty to sell the bread to whom he liked - A. Yes, but to give no credit. He gave me no notice of his intention to leave. Clark said he thought he was gone to Hertford. When I took him at Hertford he said he had been misled.

Q. Did he not say he was misled by signing an agreement with you which he ought not to have signed - A. I do not remember, it might be so. Kimpton said he held the goods for one Norman, and would not let them go without his order.

Cross-examined by MR. ADOLPHUS. Q. The prisoner gave up possession, and became your servant - A. Yes; he was to bake the flour and sell the bread, not to sell flour in the sack. Clark told me he heard Norman, a miller at Hertford, advise the prisoner to get out of the way; he said he must look to him for protection, and Norman told him to go to Hertford, and in two or three weeks it would all be blown over.

COURT. Q. Your only contract with the prisoner was, that he should bake your flour, and you was to give him 2 l. a week - A. Yes; he was to devote all his time to my service. He was to render me no other service than to bake.

COURT. This is no larceny.

NOT GUILTY .

Fourth Middlesex Jury, before Mr. Common Sergeant.


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