5th July 1852
Reference Numbert18520705-735
VerdictNot Guilty > unknown

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735. JAMES HAYES was indicted for embezzlement.

MR. RYLAND conducted the Prosecution.

JOHN WOOLMER . I am a warehouseman, in Aldersgate-street. The prisoner was my traveller and collector—it was his duty to receive money on my account from customers—there was a book at the counting-house, in which he was to enter all the sums he received—he was to pay the sums he received to me every night—this is the book—I have looked through it—there is no entry of 10l. received from Mrs. White—here is an entry on 10th June of 9l. from Mrs. White—the other entries are from Mrs. Benson, on various dates—here is no entry of 12l. 15s. 8 1/2 d.

ANN THOMPSON . I am a widow, and carry on the business of a haberdasher in Camden-town. I know the prisoner—on 12th April I paid him 2l. on account of his master—he gave me this receipt—I saw him sign it.

Cross-examined by MR. BODKIN. Q. You have seen the prisoner several times? A. Yes; there was a dispute as to whether he received this 2l. or not—Mr. Woolmer was a party to some inquiries about it—I paid two separate sums of 2l. on the 12th and on the 19th—Mr. Hayes said I had not paid that 2l. on the 12th, and I had paid it—he said that meant the 2l. paid on the 19th.

HARRIET EMILY BENSON . My husband is a haberdasher, in Earl-street, Lisson-grove. I am a customer of Mr. Woolmer—I know the prisoner—the last payment I made to him was 17s. 6 1/2 d., on 14th June—I paid him several sums, and he gave me a receipt on each occasion—I paid him as much as 12l. 15s. 8 1/4 d. at different times, but not at one time.

HARRIET WHITE . I am the wife of James White; I am a milliner, in Somers'-town. I deal with Mr. Woolmer, and know the prisoner—I paid him 10l. on 10th June, and he gave me this receipt—it was a payment on account—the bill amounted to 26l. odd.

Cross-examined. Q. Where was this paid? A. In the parlour at my house—I do not recollect that I gave him an order.

MR. BODKIN to BENSON Q. look at these bills and tell me washer

you paid the prisoner 1l. on the 10th June? A. No, I did not—the last payment I made was 17s. 6 1/2 d. on the 14th June—I have never paid him 1l.

JOHN WOOLMER re-examined. There is no entry on 12th April of 2l. from Mrs. Thompson—he did not on or about the 12th April pay me 2l., as received from her—if he did receive that 2l. on that day it should appear in the book, and he should have paid it to me—here is no entry of 10l. received on 10th June from Mrs. White; here is 9l.—he paid me 9l.—he has never paid the other 1l.

Cross-examined. Q. You find in the same entry 9l. from Mrs. White, and 1l. from Mrs. Benson, and the two sums together make 10l.? A. Yes; the prisoner was in my service four or five months—I think from the beginning of February last—I believe he has been in a respectable situation in life—lie is married; I do not know how many children he has—his remuneration was 10s. a week, and a commission of 1 1/2 per cent.

Q. I believe you were a little averse to supply goods to your customers unless they paid something on what was owing? A. That depended on the character of the customer—when we send in goods we have an idea to what extent it should go—it would be to his disadvantage, as well as mine, to make bad debts; he would get nothing on them—Mrs. Thompson had an impression that she had paid more money than appeared, and that was the subject of inquiry—her account was getting to the full extent.

MR. RYLAND. Q. Was the dispute that she said she had paid 2l., and the prisoner denied it? A. Yes; it did not appear in the prisoner's book that she had paid it; but she produced the receipt, and I am satisfied she paid him, because here is his receipt.

(The prisoner received a good character.)


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