13th September 1827
Reference Numbert18270913-7

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1595. JOHN BOON DUTHY was indicted for embezzlement .

MR. ADOLPHUS conducted the prosecution.

JOHN THOMAS POCOCK . I am a coal-merchant , at St. Bride's wharf, Whitefriars'. The prisoner has been six or seven years in my employ - his duty was to collect money on my account; he never accounted to me for 3l. 14s. 6d., which was due from John Harris ; his duty was to enter it in his own book, and hand the cash to the clerk; here is his book - there is no entry whatever of that sum in it.

Cross-examined by MR. LAW. Q. I suppose that you reposed confidence in him? A. Yes. He had sold coals on his own account before he came to me, and I believe he brought me three customers; he was in the habit of taking orders. Vender's tickets were not made out in his name since he has been in my service; I allowed him 15l. a-year for the business he brought. I lent him 40l., which he gave me his note of hand for, three or four years ago; I arrested him for that sum about the 23d of March, immediately on my finding that he was doing wrong.

Q. Did you not issue an Habeas against him, on the very day he was going before the Commissioners, to take the benefit of the Insolvent Act? A. My attorney had orders to prosecute him long before that - but I believe he was taken on this charge the day he was going before the Court - he entered in the book the figures of the money he received; my son kept the other side of the book - the money was to be paid every night.

Q. Was it not his custom to deduct his salary from the money he so received? A. No; he had to collect some small rents for me, and in one or two instances where he owed money to persons who owed me accounts - he here said "I owe so much to the baker, and you must take that, as having been received by me;" I did not allow him to stop money which he had received against his salary - he always paid the cash to my son.

Q. Was he not in the habit of stopping so much as being due to him? A. No; he has been paid out of the rent money - as that was about enough to pay him; if he had not received sufficient rent money to make up his salary I paid him the difference, but that was confined to money received for weekly rents.

Q. After he was in custody, did you not go to him to make up his account? A. Yes; I had then only arrested him; I told him there was something wrong in his account. I did not require an account from him, but he sent to the wharf to say he would make up his account - we said we did not want it, for we had found it out ourselves - he, however, sent an account, which I produce - the sum in question is entered here; this account was furnished after

we took him on the criminal charge - he was brought here three or four months ago; he would not be tried one Session, and the next I was out of town - he had notice before he was brought here, that we were going to prosecute him, and the witnesses' names were given to him - when I arrested him I had no idea of the extent this had gone to, till we went round to the customers; he was arrested on the 23d of March, and brought here - I did not like to have the trouble of taking the weekly rent, so I let that be till I paid his salary - I gave him 15l. a-year instead of his selling on his own account; he charged his expenses at the end of the half year, and I paid him - he entered in the book whatever he received, and gave my son the money; but if he drew bills he gave them to me, as they required my indorsement - the cash account was balanced every night - when I speak of an account between us, I mean the rent account; I gave him a house to live in, as part of his salary. I had frequently to give him 2l. or 4l. when we settled - I am sorry to say that he has seven children - he bore a good character and is a clever man.

MR. ADOLPHUS. Q. Ought there to be entered in this book the sum of money which he received on one side, and your son enters on the other side what he has paid? A. Yes; he had two guineas a week, a house to live in, and coals; and he charged his public-house expenses - the account he has sent me, is in his own hand-writing; some of the sums he has entered have been received two or three years back - none of them have been paid to me; this amount of Harris is among them - here is upwards of 200l. on this paper. I have received none of it, nor is any of it entered in his book - he was to take his salary entirely from the money received for rent; if he received more rent than was due to him, he paid me the balance, and if at the end of half a year it was less, I paid him the difference. After I had discovered several sums which had been received, he sent this account; I suppose about 2000l. a year might pass through his hands - Harris was not one of the customers he brought me.

JOHN HARRIS . I am a buckle chafe maker. I deal with Mr. Pocock for coals; and on the 1st of November I paid the prisoner, on his account, three sovereigns, half-a-guinea, and 4s.; he gave me this receipt for it - (read). I saw him write it.

Cross-examined. Q. Have you any recollection in what coin you paid him? A. I know there were three sovereigns, half-a-guinea, and 4s., and I recollect his remarking that I had given him sixpence short - I said No; that was half-a-guinea, and he looked at it again.

MR. ADOLPHUS. Q. It was a good deal of money for you to pay? A. Yes; I seldom pay so much away.

LEWIS POCOCK . I am the prosecutor's son. I am not in partnership with him; I am cashier - it was the prisoner's duty to enter in this book what sums he received - I enter on the other side the cash he pays; he never accounted to me for 3l. 14s. 6d. received from Harris - I remember this account being sent to my father; we knew of the deficiencies before that.

Cross-examined. Q. How was he to make up any expences he had incurred? A. He was allowed that every half year; he was supposed to pay the expenses out of the money received.

MR. ADOLPHUS. Q. Would the account be regularly balanced if he kept money back? A. No; his expenses might amount to 20l. or 30l. in a half-year - the account of deficiencies which he sent in amount to 200l. - we have discovered more since.

MR. LAW. Q. Beside this 200l. here is 42l. under the head of "liabilities?" A. That is my hand-writing - he calls those persons his friends, and he had sold them goods in his own name; that money is included in the 200l.; but then he says, we can get that from them again - it appears he has given them a receipt in his own name.

The prisoner read a long address to the Court, stating that he had been under considerable pecuniary embarrassments; but although he was accused of embezzlement, he trusted it would appear it was nothing more than a matter of account; he had never intended to defraud his master of one farthing, never having misapplied a sum with a criminal intention, but only considered it as debt.

GUILTY . Aged 50.

Transported for Fourteen Years .

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