RICHARD DEARIE, Theft > embezzlement, 3rd April 1837.

Reference Number: t18370403-1133
Offence: Theft > embezzlement
Verdict: Not Guilty > unknown
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1133. RICHARD DEARIE was indicted for embezzlement.

MESSRS. DOANE and JONES conducted the Prosecution.

WILLIAM HENRY BURNAND I have resided in the New-road very nearly thirty years, and have carried on the business of a coachmaker the whole time. In the course of the year 1835, I determined to carry on also the business of a wine and spirit merchant on my premises—the prisoner introduced himself to me, and proposed to take the cellar, if I would advance him the money to any it on—we entered into terms, which were reduced to writing—he came to my premises on the 1st of January, 1835, and was in the cellar acting as my servant—the first thing he did was to select goods from wholesale dealers, in order to put into the collar, and they were sent in—it was then his duty to draw spirits, serve customers, and attend to the business generally—it was his duty to receive money when he served the customers—the beer and spirits in those vaults were mine—I did not begin the wine business for six months after—I think it was in September or October—I had books for the entry of all transactions which took place in the cellars—they were in the hands of the clerk, Mr. Dearie—the name of James Graham and Co. was over the door—there was no such person as James Graham—I assumed that name for the purpose of carrying on that business—no person except myself had Any property in those cellars, and the persons who sent in the barrel which contained the liquors—the prisoner paid me money while he was in the cellars on account of the sale of goods—I used to pay him money, and to allow him to deduct from the receipts in business, for the wages of himself, the cellarman, and occasionally a man to wash bottles—the first two or three weeks I paid the prisoner 30s. a week—he was authorised to send out goods to customers—I was acquainted with very few of the customers—I did not know Mr. Harrison personally, nor Mr. Jones, nor Mrs. Shaw—the prisoner made entries in the books relating to the business which I have spoken of, regularly every day—he sometimes paid me money—whenever he had a surplus that was not employed, he handed it over to me in sums of from 5l. to 50l.—on those occasions I referred to the hooks which he kept—On the 16th of December, 1836, I called on him to make up his accounts—Mr. Hare had been employed to assist in making them up—I found in the books entries of certain sums having been received

and forty or fifty entries of money due, in the prisoner's handwritings while he was at my cellars he accounted for sums received from particular customers in the regular day's business—I never had any convensation with him respecting any sums of money due or received from Mr. Harrison or Mr. Jones—I mentioned to him in the early part of February last that Mrs. Shaw had paid some money which did not appear in the boob—he would not believe it, and I fetched him up the books to show him that it was so—I do not recollect any thing that passed after that—he never accounted to me for 19s. 10d. he received from Mrs. Shaw on the 3rd of December, 1836, either verbally or by the books—here is the day-book—on the 3rd of December, 1836, here is no entry of the kind—I find on the 22nd of August, 1836, there were goods bad by Mrs. Shaw, of Priory Cottage, Kilburn, to the amount of 8s. 10d.—the entry is in the prisoner's writing—and on the 25th of August goods were had by her to the amount of 11s.—the prisoner never accounted to me for these sums—this is one of the bills used in my wine and spirit business, and it is filled up in the handwriting of the prisoner—on the 19th of September, 1836, I find in the prisoner's handwriting—"Harrison, Esq., 9, Cambridge-terrace, one gallon of brandy, 1l. 14s. 7 1/2 d."—there is no sum appears in the books as having been paid on account of that brandy—he never accounted to roe for the receipt of that sum of money, or any part of it—this is another of my bills of parcels in the prisoner's handwriting—here is a total of "1l. 14s. 7 1/2 d., and by cash 16s."—leaving a balance of 18s. 7 1/2 d.—he never accounted for either of these sums—on the 24th of November, 1836, here is an entry in the name of Jones, but that is not in the prisoner's writing; it is the cellarman's—this is another of my bills in the prisoner's writing, and with his signature, "Jones, Esq., three bottles of whisky, 10s. 6d.—settled, Graham and Co., R. DEARIE"—I have since ascertained that Mr. Jones is a surgeon—the prisoner never accounted to me for this—he continued acting in this way up to last December. I paid him 30s. a week for the first two or three weeks, and after that, I allowed him. to deduct from the monies he received—it was with my consent that he received these various sums of money—I remember his leaving ray cellars on the 31st of December.

Q. What was the longest interval that ever occurred between one period and another of his paying you cash? A. A fortnight, 1 suppose—here is one instance of three weeks—the average period was very nearly weekly—he paid me on account of particular sums received—he never paid me any sums of money on any other account than that received in the business—I have an account in the book of the sums received by me from the prisoner—when I gave him notice on the 16th of December to leave me on the 31st, I told him there would be a fortnight for him to make up his books, and to render me an account—on the Monday after he left me on the Saturday I said to him, "I hope your accounts are all correct, if not you will have to answer for it"—he said nothing to that—I do not recollect that any thing occurred particularly after that—he left me very abruptly—on the 28th of January I saw him at my cellars—I told him about the several sums I found missing—he said he did not care about it, I could not prosecute him under the firm of Graham and Co., as there was no such firm—while the prisoner was with me (I think it must have been some time in October, 1836) I was desirous of disposing of that business—I explained to him that I had applied to Messrs. Ray, my wine-merchants, to know if any persons were desirous of buying a business of that kind, and if so to

recommend them to me; and they sent up a Mr. Sowerby—I explained to Dearie the terms on which I had agreed to let the business to Mr. Sowerby, and said I had recommended him to Mr. Sowerby, that I had told him the terms on which he was in my service; and in the event of his closing with me, he would find him an excellent servant, at far as I knew, and an acquisition; and that if Mr. Sowerby called, he was to show him the books, and give him every explanation—the prisoner did not say any thing to me about the business at that time—but in the course of a week or so after, he said, if I was disposed to part with the basinets he thought he should be able to find friends who would be able to raise money sufficient to enable him to take the business if I had no objection—I told him the terms on which I had offered the cellars to Mr. Sowerby, and if he could make up the money I should certainly give him the preference—he told me that a person of the name of Ray had offered to lend him 1000l., and that probably by other channels he might be able to raise the remainder, but he wanted time to consider of it—he afterwards said he had been speaking with a person of the name of Moule I think, who would be able to advance a sum of money, as Mr. Ray had refused to let him have 1000l. till he got possession—that went off for a few weeks, and then he proposed to take it on his own account, as he found Mr. Moule could not raise the money he had expected, and if I would take it on bills he would take it—I said I would not have any thing to do with any thing but money—I bare subsequently seen the prisoner at No. 1, Union-place—it is a very good house, where he has established wine cellars, five doors from my own house—the name of Dearie and Moule was up there at first, bat since the examination, Moule and Co. has been substituted—during the whole time I have known the prisoner he has never had any interest in my business as a partner—he has not had the slightest interest in the property that was upon those premises—I do not know whether he had any other income or means of living, except the 30s. a week that I have spoken of.

Cross-examined by MR. ADOLPHUS. Q. You are a coach-maker, you say? A. Yes—I was in partnership with my brother, but not in the wine sad spirit business—I had no partner in that—there was no such person as James Graham—I have signed the name of "Graham and Co."as my name—the prisoner was at first serving me under a verbal Agreement—I was not restricted by any agreement with my brother, from going into any other business while I was with him—I did not tell my brother that I went into this whiskey and ale business—we were not on good terms, and have not been for many years—I have been a proprietor in the Marylebone Joint Stock Bank since September—the prisoner paid monies over to me, and on those occasions I have gone over the books myself—I have gone over them with him several times, when I wanted money, I looked over the books, and asked him for money—he was aware that I was going over the books, and I have asked him to account for sums of money—I have several times gone over the accounts with torn, and said, "You have so much money in hand"—I cannot tell any time—it was the general way—some times I vent over the accounts myself, and found there was 20l. or 30l., in his hands, and I asked him for money, and he pulled out his purse and gave it me—that was both for general and particular accounts—I cannot name any one occasion, it was so general—I knew the books were asked for by letter—they were put into Mr. Hare the accountant's hand—I did not direct him to let Dearie see the books, but I had no objection to it—I never said any thing. one way or the other—there was a balance drawn up to Christmas, 1835, by

Mr. Hare in the early part of 1836—he made it out as an accountant—at that time there was an account made out from the books—it was cleared and checked by Dearie, and bis salary, and commission, and all—I do not know sufficient of the books to tell you where to look for it—I was not a party to it—the monies put down here, were paid to me at the times here put down—they were paid generally every week, some times a fortnight might elapse—it was sometimes leu than a week, but the date will tell you—whenever I found there had been a sum of money received, I asked him what money he had, and he handed me over 10l., 15l., 20l., or 30l., as it happened to suit him—I generally used to do it every Saturday—I have many times asked him when I have not received it, and I asked again for it—I generally went to him every Saturday to ask him what money he had, and to get money—I looked at the books to see what money there was, probably twenty times during the time he was with me—none of these payments took place between the 7th of February and the 19th of October, because there was very little, I should apprehend, to hand over—it was all outgoings—there was very little to expect from the business the first year—the prisoner was not at that time in Scotland—on the 19th of October 1 received some money—I should think these figures refer to the folio of the journal—I received money on the 19th of October, on the 24th, and on the 26th—it depended on the money he had received—I used to apply to him generally every week, but it did not follow that I had the money every week—it was his duty to enter the sums received in the course of the day, and to hand the surplus to me every Sa turday; but it depended on the monies that were paid into the concern—he was to account whenever I chose to ask him for the money.

Q. Does Saturday occur, now for example, twice in one day, because. I find here, "April the 16th, £45," and again the same day "£25?" A. All these things are depending on the sums received—when I called on him it was his duty to account for it to me—it was on Saturday generally—I was desired not to touch the books after the prisoner left—the last. entry in this book in the prisoner's writing is 50l. on the 22nd of October—he remained in my service till the 31st of December—there is no other entry in this book in his handwriting after that—there is in the day-book—• here is the writing of Mr. Hare, the prisoner, the cellarman, and myself in this day-book—whoever receives the money marks the receipt of it—Dearie took care to go over them every night—he might be out all day, but it was the custom to be out till two o'clock, and then to remain at home all day up to eight o'clock—that was the general practice—he has gone to the docks and to many other parts, in the course of business—I have never come to any final settlement with him as to any money there might be between us—I believe he understood the business perfectly well—I did not understand a great deal about it—I bought the goods—it was his duty to wait on the customers, not to get customers—they came as a matter of course—I did not know a great many of the persons—some of them were private friends of my own—he used to give the orders and inspect the goods, and I used to pay for them for the first twelve months—after that I purchased myself of different brokers—he might purchase in the last twelvemonth—it is impossible to say that he did not buy half a dozen hogsheads of ale—he never went to Scotland for me—he went in search of his wife and family, who deserted him—I do not remember that I said in the course of last summer that Dearie was crone to Scotland, and I hoped he was not going to cut, as he had got 500l. of mine—I have no recollection

of saying so to Mr. Bank—I will not swear any thing of the kind—I think if I bad said it, I should have remembered it—I cannot charge my Memory with ever having made use of such an expression—it might have been so—I never told any body that Dearie was gone to Scotland to purchase whiskey for me—I have no recollection of telling Mr. Sowerby so—it might have been so.

Q. Did you advertise that your whiskeys were come from Scotland, and that the King of Belgium and all the rest were very fond of them? A. That was at the request of Dearie—when he returned he brought me an account that he had got several very fine whiskeys, so that it was not altogether a fraud—I inserted the advertisement, thinking it might be profitable—I had no intention of fraud—I did not instruct Dearie to purchase any whiskey—I know Sarah Mills, who is Dearie's landlady—I have seen her coming there—I have had some conversation with her about him, many times—I do not recollect that I wrote her a letter about him in February last—this is my handwriting—(looking at it)—when I had got out my warrant, and was taking my proceedings against the prisoner—Mrs. Mills called on the 1st of January, and related a long story of the injury she had received at Dearie's hands, and asked me what was the best course to get the money that was due to her—I told her that Dearie had now money, and I thought if she pressed for it that he would pay her—that was 15l. 3s. 2d.—I do not recollect advising her to proceed against him for 13s., or to sue him for 13s., for a gallon of gin—I will not swear any thing about it, as I do not recollect it—I did not say I would recommend her to an attorney in Grays Inn, who would do it for her without expense—she did not tell me she was not rich enough to sue—I do not recollect that she told me that she was not inclined to sue Dearie at all, and that she believed he would pay her as soon as he was able, nor any thing of the kind—she was in the habit of coming down to complain of Dearie—I am not in the habit of having to do with other people's concerns—I might have told persons that Dearie was Graham—I do not remember any particular circumstance—I never told Mr. Kerslake that he was Graham—parties have frequently come in and addressed him by that name—I never introduced him as Graham to Mr. Hibble or Mr. Kerslake—I always said, "There is Mr. Dearie, the manager"—I cannot recollect that I ever committed myself so far as to introduce him as Mr. Graham—I do business with Mrs. Wilson, of Alsop-terrace—I will not swear that I did not introduce Dearie to her as Graham—I do not recollect that I have, in the presence of Mr. Bell, addressed Dearie by the name of Graham—I will not swear either one way or the other.

Cross-examined by MR. PHILLIPS. Q. Did you ever represent to the Excise that Mr. Burnand and Mr. Graham were two different persons? A. When I took out the licence I said there was no such person as Graham—I represented the firm of Graham and Co.—I did not represent myself as James Graham—I told them there was no such person as James Graham—I do not recollect that I ever told any body that Dearie was James Graham—I will not swear it.

MR. DOANE. Q. Is this the agreement under which the prisoner came into your service? A. Yes—(read.)

(The prisoner in this agreement engaged to conduct the business, at a salary of 30s. a week; and after six months, to receive 2 1/2 per cent, commission on goods sold.)

MR. DOANE. Q. Did you fully explain to him that you were the whole

of the firm? A. Yes, he was fully aware of that—persons seeing the name of Graham up, took him for Graham.

MR. ADOLPHUS. Q. You say that a fortnight before he led, you asked him something about his books? A. I gate him a fortnight to make his books up—I had not done so before, I had an accountant—I never said that Dearie was not capable of making them up—he was quite capable—I never said the contrary to any body—he introduced himself to me, with a certificate of his good conduct, most respectably signed and written, which I am told is a common practice with all Scotchmen; and he showed me a snuffbox which was given him by the workmen of some mill—he left me on the 31st of December, at eight o'clock, the usual time—he left me quietly, without haste or hurry—it was in October or November that I had been in treaty for the sale of my spirit vaults to him—I think I recommended him to Mr. Sowerby in October—it certainly was not so late as Christmas—I will not swear it was not as late as the 1st of December—I really cannot tell the date—I saw him again on the 2nd of January, on the 18th, on the 28th, and on the 5th of February—I have taken these dates from my me morandum book, which is at home—I copied them on this paper ten days ago—I did not see the prisoner on any other days but these—I do not enter every thing in my book on the day it happens—it is sometimes the next day—I do not recollect seeing him at my own place on the 13th of January, in company with Mr. Lambert, the excise-officer—I have no knowledge at all of seeing him on any other days but those I have drawn from my memorandum—I do not recollect saying to Mr. Vincent Lambert, when Dearie had been on my premises, "You saw Dearie; he tells me he does not much like his partner; he was a d—d fool for leaving here; he might have had this place for 60l. a year"—I might have said so a fortnight after 1 dismissed him—I do not recollect it—I will not "wear I did not—I did not know the books were incorrect then—I knew it on the 9th of February.

Q. Did you say to Mr. Tubb, on the 9th of February, "I should like to have gone band in hand with Dearie, for there is business enough for us both?" A. I said, if he had conducted himself well, I should have been very glad to have gone hand in hand with him, as there was business enough for both of us, and I had no animosity against him—I don't recollect telling Mr. Tubb that Dearie had robbed me, and that I had got a warrant out against him, which had been executed the day before—I don't recollect that I told Mr. Tubb that Dearie was a rogue, and had robbed me of 200/., and that I could send him to Newgate—I might have done it—it is very likely that I did—I can't say that I did or did not—I don't remember Mr. Tubb saying, that if a man had robbed him he should prosecute him—I don't remember what passed—I remember Tubb coming there, but I don't remember the conversation—I saw the prisoner on the 8th of February—(1 had then had warrant against him four days)—I did not part with him on good terms, and bid him good bye—I took him up to where the books were, and into the dining-room, where the cloth was laid—I kept a ledger, a journal, a day-book, and a cash-book—the party who took the orders made the entry in the day-book—I don't know that I ever said that Dearie was not an accountant, and not capable of keeping accounts—this is my journal for 1835—(looking at it)—some leaves have been cut out by Mr. Hare, I believe, so as to make the books begin properly—I don't know whether the entries in the pages which are cut out were in the handwriting of Dearie—I had nothing to do with the books—I

don't know when the leaves were cut out—Mr. Hare did it—he was the only person who was employed in the accounts—he made out the accounts from the day-book, which he took as his standard—this is the day-book for 1835—there appears to be one or two leaves cut out of it—I don't know that I cut them out with my own hand—I don't recollect it—I don't recollect the circumstance at all—I have no idea at all—the writing in the book next to where the leaves have been cut out, is mine, and my writing continues to the 87th of January—I entered them as they occurred in the course of the day—I suppose I entered them day by day—I did not cut out the leaves myself and make a transcript, because the other was too bad to appear in the book—I don't recollect that I made a great many of them at one time, and from something that had been written before—I don't recollect any thing further than I state—I cannot tell whether I made the entries one one day, and another on another—I never refused the prisoner the inspection of these books—I think I recollect a gentleman who is here, calling on me, with a letter from Mr. Scanlan, to see the books, and I told him my attorney had advised me not to five a stone to break my own head—I never told Dearie there were these three sums unaccounted for, and I wished be would give me some account of them—I think in the first year about 1100l. might pass through his hands, and in the second year about 2000l.—fan deficiencies amount to between 300l. and 400l.—I never sent him an account of them—I could not, when I did not discover them till the middle of January—some of them were brought to light only the day before yesterday—when goods am sent out, it is common for a man employed as he was, to send the bill out by the porter—if the money was not paid, the porter may have brought the bill back, and it is always customary to cancel it—I parted with the prisoner on the 31st of December—he staid his usual time, sad came again on the following Monday—I don't know wben he took the place within five doors of me, nor when he entered upon it—on the 2nd of January he told me he had taken the house—I heard nothing at that time of his going in partnership with a gentleman—I knew that, some tine in January—on the 18th of January I saw him on Mr. Corde's account—I did not tee him again, to the best of my recollection, till the 28th—I took out my warrant on the 4th of February, I think—I spoke to the prisoner on the subject of Mr. Cordo's account on the 18th of January—he had entered Mr. Cordo's account in one book, and not in the other—he entered it in tat margin of the ledger—here it is, on the 24th of October, in his hand-writing, add it remained standing due—he received the Money, and did not enter it—it is discharged in the day-book, but not entered in the other book—this is the hill I sent to Mr. Cordo some time in January, after Dearie was gone, and I afterwards sent him this other bill; I had in the mean time seen Dearie—he showed me, from the entry in the daybook, that he had received the 4i. which had not been entered in the ledger—Dearie left the books in a state of confusion—when I was gong to make up the books by the help of an accountant, I did not desire Dearie to attend and look to his own accounts—I made out the accounts of all the customers, to see what sums were due to the concern—I gave him the fortnight to make up his books, but he would not do it—this entry of 4l. is in his own handwriting, and he discharges Cordo for that money—I had this book in my poasession when I sent to Cordo demanding that money—this is the only book in which Dearie wrote his general entries—the books were in the counting-house on the 31st of December, when

Dearie left—I sent to him some time in January, to explain an account with regard to a Mr. Campbell—I had sent out the accounts about the middle of January, and the parties applied to roe—I don't know whether that had happened when I sent to him about Mr. Campbell—I mentioned two or three others to him on the 8th of February—he did not propose to have an accountant whom he named, and to go regularly over the accounts—he recommended a Mr. Wilks as a clerk to succeed him—he came to me, and Dearie told him there was a situation open, and he thought very likely he might have it—it was in Dearie's power to have discharged all these accounts—I have asked him for many of them—one in particular of 9l. 10s. of Mr. Coxhead's—I asked him about that, several times during the year—I cannot tell when I first asked him about it—I desired him to call; I should think it was after June—he continued in my service six months after that—this is one of my licences in my own name, jointly with that of Graham—the former licence is destroyed when we obtain a new one—I should say my former licences were the counterpart of this—I cannot tell that they were in the name of Graham and Burnand.

Q. Were you ever fined by the Excise? A. I was fined through the prisoner's neglect—I can hardly tell whether I paid it on my own account, or on account of somebody else—there was a penalty levied in consequence of Dearie's having obtained two gallons of spirits from a Dundee packet—the man was taken with it in bis possession, and was fined in the mitigated penalty of 25l.—they came to me, and asked me to let them have it, that the man should not go for two months to the treadmill—the man's name was Samuel Kerslake—Dearie sent him for these spirits.

Q. Upon your oath, did you not send him yourself to the docks to get something, when Dearie was not present? A. I told him to go down to the docks, and there he would receive a parcel that was left by Mr. Dearie, at the Dundee wharf, I believe—I told him to go there, and receive a packet, but it was contrary to my instructions that the whiskey was sent for, but he got it, and I paid the 25l.

MR. DOANK. Q. You have been asked about some leaves being out of some of these books—in this day-book there is an entry respecting Mr. Cordo, was it the prisoner's duty to enter that in one or two books? A. In two books—before I sent out to collect debts, I referred to the ledger, and, according to the appearance of the ledger, the account was still due—it was not discharged—that sum had been received by Dearie, and it was his duty to have marked it off in the ledger, and from its not being marked off in the ledger I was induced to send to Mr. Cordo—I was able, after finding that Dearie had received the money, to correct the mistake—all my books were produced at the police-office without any reserve, and inspected by Mr. Adolphus and the prisoner also—the prisoner being my servant it was part of his duty to receive sums of money owing to me—I authorised him so to do—when he received the money he was to enter it in the daybook of the day, and so to account for the receipt—the book which the leaves are said to have been torn out of, is for 1835—it has no reference to the present charge—on referring to my books I find on the 24th of November 1836, there was due from Mr. Jones, 10d. 6d.—on the 22nd of August, Mrs. B. Shaw, Priory cottage, Kilburn, 8s. 10d.; and on the 25th of August, 11s., making 19s. 10d.; and on the 19th of September, Mr. Harrison, 1l. 14s. 7 1/2 d. and cash 16s., leaving 18s. 7 1/2 d.—these entries are in the prisoner's writing, in the middle of the book, where there are no leaves torn out—if he had received these monies on the 19th of September, on the

24th of November, and on the 3rd of December, it was his duty to have entered them in the day-book, and they are not entered as received—that was hit duty with respect to all sums received, no matter when he gave me the money.

MR. ADOLPHUS. Q. Look in your book, and tell me whether you did not on the 26th of September, receive 20l. from him as a general sum? A. On the 27th it is entered—on the 24th of November I received from him 25l., and on the 12th of December he paid a bill of Moats's for 40l.

MR. DOANE. Q. Do you find in his own books, and by his own eatries) that he had received more than those sums he paid you? A. Considerably more.

ANDREW M'GLATHERIE . I am servant to Mr. Harrison, of No. 9, Cambridge-terrace, Edgware-road. I produce a bill which came from Mr. Burnand's office with some goods—I paid the amount of it, 18s. 7 1/2 d., between the 19th of September and the 24th,. to Mr. Dearie, for my master—the goods were had from the firm of Graham and Co.—the prisoner put this receipt to the bill.

Cross-examined by MR. CLARKSON. Q. I suppose you knew nothing of Burnand? A. No—the account is 1l. 14s. for spirits, and 2 1/2 d. a bottle for three bottles, making 7 1/2 d.—this 16s. is for four dosen of porter, which my master called and paid for—he did not like the porter, and I ordered a gallon of brandy, and the porter was returned—this 16s. was deducted from the 1l. 14s. at the time the bill was settled—these figures are the prisoner's—I cannot fix on a more definite period for the settlement than between the 19th and 24th of September—I know the brandy came in, and I paid for it as soon as I could get time to go—Dearie did not call on me forit—I paid it at the cellars, between the 19th and the 24th—I cannot say how soon I paid it after we received the brandy—I have no further reason for saying it was between these times, but that we generally pay as soon as the things come in—I did not know Mr. Burnand at that time—I paid Mr. Dearie himself—I did not see any other person there—there might have been—Dearie was in the counting-house, and I went there.

JOHN JONES . I am a surgeon, and live at Church-street, Paddington. I was in the habit of dealing with Graham and Co.—I received this bill for goods I had ordered on the 24th of November—I paid 10s. 6d. to the porter, when I received the bill at my own door.

Cross-examined by MR. CLARKSON. Q. How long have you known the prisoner and his connexions? A. I have seen him once or twice—I do not know him.

MR. BURNAND. The receipt to this bill is Dearie's writing.

HENRY KELLY . I am servant to Mrs. Shaw, of Priory-cottage, Kilburn. My mistress received goods from Graham and Co.—I paid this bill of 19s. 10d. on the 3rd of last December, to Mr. Dearie—he gave this receipt at the bottom—(read.)

COBORN, examined by MR. CLARKSON. Q. Were you in the service of Graham and Co. from October 1835 to January last? A. Yes—in the course of the business, when Dearie went out in the morning, he was in the habit of putting receipts to several bills that were handed over to the different persons in the establishment; and when the porters, or any other Persons who took these bills out for the purpose of receiving the money, returned, it was their custom to hand over the money to any person who was present—they were sometimes handed to Mr. Burnand or Mr. Dearie,

if they were there—Mr. Dearie's duties were very considerable out of doors, and from that it became necessary for the porters to act as clerks, and Mr. Burnand saw and sanctioned that—all the porters, or Dearie or Mr. Burnand might receive money—the books and accounts were very irregularly kept—Mr. Burnand knew that fact—I never heard the prisoner tell Mr. Burnand that he was not able to keep the books, but I considered him incapable of doing so—I never knew Mr. Burnand complain of the manner in which the books were kept—I have known the prisoner make payments to Mr. Burnand, at a time when the payments have not been entered in the book—Mr. Hare was employed as a book-keeper, when it was found they could no longer go on without it, and while he was so employed, he occasionally received money when persons came to pay it—I have seen Dearie's initials put by Mr. Burnand to the day-book, before any payment has been nude to Dearie—that has sometimes happened when Dearie has been so much out of doors that he has not been at home to meddle with the books the whole day—I have bad occasion to remind Dearie of payments that he has made on account of the firm, and which ike himself had not entered—I have known occasions, when both 1 earie and Burnand have omitted, for a day or more, to make entries of the money they have received on account of the firm—I remember a particular occasion, when Mr. Dearie made a payment of money to Mr. Burnand, and Dearie had not entered it, and I reminded him of it; if I had not, and he had not recollected it, that payment would have gone into Mr. Burnand's pocket—it was customary for Dearie to make payments to Burnand relating to beer and spirits, in the coach factory—there was no order or regularity in the mode of making payments, or of entering them when they were made—it was very likely that a mistake might have arisen, or a payment have been omitted to be entered—I remember hearing that Dearie had made a payment for a hogshead of brandy, and he had forgotten to enter it, tad he was complaining of something that bad left his money short—he was in the habit of trusting too much to his memory—it was not in hit power to do his business out of doors, and to keep the books as correctly as he should have done—he came in from his rounds at various times—sometimes he was out all day—it is not true that he was always is by two o'clock in the day—Mr. Burnand discharged him on the 16th of December, and he left on the 31st—I saw them together in the connting-house on the 2nd day of January, and they appeared to be on friendly terms—after Dearie had left that day, Mr. Burnand inquired of me what Dearie was going to do, and I told him he had taken No. 1, and was about to commence business—Mr. Burnand said they were very splendid premises, but he must make some cellars to them—I remember Mr. Burnand sending in an account to Mr. Cordo for five gallons and two gallons of whiskey—I informed Mr. Burnsnd, at that time, that I knew the five gallons had been paid—I told him if be would turn up the day-book, he would find the account paid—he would not do so, but he turned up the ledger, and found the accounts were not posted—on the 4th or 5th of January, Dearie came to the counting-bouse, made some observation to me about my leaving Burnand; and after he left I went into the counting-house to Burnand, and apprised him that I should leave on the following Saturday—he said it was very ungrateful of me to go to Mr. Dearie, who bad done nothing for me, and stood out against me all along—I remember the same evening, Mr. Burnand being jocose with

me as to the place I was going to—he asked if I should have to wash bottles out in that shed; and he said he understood from Dearie that they could not get the lease of the house settled—on the same evening he tent me with a receipt to Mr. Cordo, and told me to say that Mr. Dearie had neglected to make the five gallons paid, and if he would pay the balance for the two gallons, it would make it all right—I called his attention to it in the day-book, as having been paid at that time—I referred to the day-book the next morning, and found it properly entered as paid.

MR. DOANE. Q. Did you leave Mr. Burnand's service? A. Yet,; on the 7th of January—I was a cellar-man to him, and went out with parcels occasionally—I am at present in the service of Messrs. Dearie and Moule.

COURT. Q. Is the entry of the 24th of November, "Jones, 5, Church-street, "in Mr. Burnand's writing? A. It is.

MR. BURNAND. This is my handwriting—after Dearie left, I applied to Mr. Jones for the payment of that sum, some time in January, and I made this entry on the 17th—Mr. Jones brought the receipt to the counting-house, and said he had paid the money to Dearie.

COURT to MR. JONES. Q. Did you ever go and tell him you had paid—the money to Dearie? A. Never—I said I had paid it to the porter.

MR. ADOLPHUS to MR. BURNAND. Q. I see, from the agreement, you were to have sureties—have you had them? A. I have—I understand from Dearie that one has run away, and the other is not good for much.

HENRY HARE . I am not an accountant by profession, but I am ac customed to keep books—in January, 1836, I was called in by Mr. Burnand to make up the books—that was the first time I was called in—when I posted the books, Dearie was present, and was aware of what I was doing—he saw me throughout the making up of these books—I began in January, 1836, and left off at the commencement of September—I posted them into the ledger up to the end of August, but I did not balance them—I made out a balance-sheet up to Christmas, 1835—the books were sent to me, to make out copies, at the latter end of February, in this year—I did not post them, but I made out a cash-account between the prisoner and the prosecutor—I have not, in any way, altered or interfered with entries made by the prisoner—I received instructions from the prosecutor's solicitor to make out copies from the entries in the prisoner's handwriting, and of sums received by the prosecutor from the prisoner—I made out these copies faithfully, and to the best of my ability—with respect to this journal, I took some blank leaves out because they were in an imperfect state, as the book came from the stationer's—there was no entry on the leaves which I took out—there are one or two leaves out of the day-took for 1835 and 1836—I know nothing of them—all the entries in 1835 the prisoner checked with me, but we did not go into 1836.

Cross-examined by MR. ADOLPHUS. Q. What are you? A. A manager of a branch joint-stock bank—I have been; so since October last—I was previously a clerk in that bank—it has been established since September—before that, I was employed in Mr. Burnand's counting-house to keep his books—his wife is my sister—it is impossible for me to say how many leaves have been cut out of the beginning of this book of 1835—I do not know that I cut them out—I am almost certain that I did not—I do not know that there were entries made on them by Dearie, and made so imperfectly that I was obliged to cut them out—I do not know that they were so bad they were not fit to stand—I know nothing about it—

I do not recollect that I cut them out—to the belt of my belief, I did not—the bank in which I am engaged, is the one in which my brother-in-law is a partner—I made an application for my situation, which was submitted to the Directors in general—I cannot tell that there were no entries on those leaves that have been cut out, nor for what reason they were cut out—in 1836, when I was going through the accounts of 1835, Dearie was near me, and checked my proceedings as to the, cash—I found there were many errors in the account, that could be set to rights on an explanation.

COURT. Q. Were there any errors against the prisoner as well as for him? A. Yes, there were.

MR. ADOLPHUS. Q. Knowing all that to have taken place in 1836, did you in 1837 make any application to Dearie, or seek for any explanation? A. I did not.

MR. DOANE. Q. Did those mistakes that were for and against the prisoner in 1835 refer to entries that were made? A. They did—I do not recollect an instance as to sums received and found not to have been entered—in some instances there may have been.

NOT GUILTY .

(There were three other indictments against the prisoner, upon which no evidence was offered.)


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