24th November 1851
Reference Numbert18511124-36
VerdictNot Guilty > unknown

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36. JOHN MANSELL SCHMIDT , for embezzlement. (See page 13.)

BARON ALEXIS SYLVIAN DU TRAMBLAY (through an interpreter). I am at present living at Southampton-street, Bloomsbury-square; I carry on business in France, as a manufacturer. I came over to the Exhibition, and, while here, sold some china—the prisoner was in my employ while I was here—hit duty was to take out goods, and receive the money for them, which he ought to have paid over to me the same day, or the following morning—he did not on 20th Oct., or any day after that, pay me 3l. 16s., or any sum of money, on account of Captain Robertson, and he has not accounted for it—I saw the prisoner on 20th, 22nd, and 23rd Oct., and received some payments from him.

Prisoner. Q. Did you receive a note from me between the 20th and 28th Sept.? A. Yes; this is it (produced—this was dated 24th Oct., written in French: part of it was interpreted, as follows: "To Mr. Baron Du Tramblay. I shall not be able to come before Monday, at 9 o'clock. I went into the City to see the Captain"—the note proceeded—"et toucher,' or 'touchais,' the money"—the writing was here so illegible as to render it uncertain whether the words were "a toucher," to receive, or "et touchais," and received; the prisoner contending that it was the latter, and that he thereby had accounted for the receipt of the money)—I was not present on the 20th, 22nd, or 23rd, when any goods were delivered to you.

ERIC CARRINOTON SMITH . On 20th Oct. the prisoner brought me some china for Captain Robertson, and I paid him 3l. 6s. for it—two of the articles he had to take back—he brought them back again in two days, and I paid him 10s. more—he wrote this receipt to the bill (produced)—I saw him write it.

ROBERT CRUWYS (policeman, E 112). I took the prisoner on 4th Nov., and told him he was charged with embezzling various sums of money, amounting to 40l., of Baron Du Tramblay—he said it was nonsense; whatever was between him and the Baron was a debt, and the Baron had his remedy by suing him in the County Court.

(The prisoner, in defence, admitted having received the money, but contended that he had accounted for it in the note he wrote to the Baron; after which he was confined to his bed for three days.)


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