22nd September 1862
Reference Numbert18620922-942
VerdictNot Guilty > unknown

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942. MICHAEL MARTIN (22), was indicted for embezzlement.

MR. PATER conducted the Prosecution.

ALEXANDER TRAIL . I am cashier to the prosecutor, a wholesale cheese-monger, carrying on business in Seacoal-lane, Skinner-street, Snow-hill—the prisoner was a carman in his employ—it was his duty to deliver parcels to customers, to receive the money, and then to account to me on the same day or the morning following—on 26th August, I think, an order was received by me from a Mr. James Barratt, for some bacon—it was executed on 28th—the amount was 4l. 15s. 8d.—the prisoner received the bacon—I know that of my own knowledge—I did not see it in the van—I know he took it out of the shop for that purpose—the prisoner returned about 10 o'clock at night, I believe—there was nobody there then—he came the next day, about half-past 9 o'clock, and said he was sorry to say he had got drunk last night, and had either lost the money or been robbed of it; nothing else.

Cross-examined by MR. BESLEY. Q. Does Mr. Penson appear here to-day? A. No—he instructs in the prosecution of this case—he has got several solicitors—he sometimes employs Mr. Poole, in Bartholomew-close, and sometimes Messrs. Lovell—he gave the instructions to the prosecution himself—Mr. Penson did not go before the Magistrate; I went—I have been conducting this prosecution myself, under instructions—Mr. Penson prosecutes—I have not heard him say that he would not prosecute; that I swear—our head salesman engaged the prisoner, I think—I do not think Mr. Penson knew of his engagement—I do not know who made inquiries as to his previous character—1 believe he was at Mr. Morgan's, Snow-hill, for some time—he must have had a good character or we should not have engaged him—I knew nothing about his character, or did Mr. Penson—if he got back too late on the same night, he was to pay the money in on the following morning—I leave at half-past 7—he told me himself he was there at 10—on the morning, before taking the goods out, he paid me 28l. 7s. 3d., I believe—he paid me in money every day, when he had it—

he was in Mr. Penson's service four or five months, I think—I do not exactly recollect, but I do not think it was more than four months—he accounted counted honestly for every farthing while he wag there, as far as I know—I have nothing more against him—I have not examined the books; I do not think any one else has—I have not the slightest idea how much money I have received from the prisoner—the 28l. he paid me was an extraordinary amount—he came voluntarily to the place on the morning he told me the money was lost—he said he would stop and work it out, and pay the 4l. 15s. 8d. to Mr. Penson; and his mother said so too—I did not then hear Mr. Penson say that he did not wish to prosecute; that I will swear to—the prisoner also said it was too late to come to the office, and he took it home as usual; that after he had been home he went out again, having the money on his person; that he went into a public-house, in Liquorpond-street, got into the company of a female, and did not know whether he had been robbed or lost the money.

MR. PATER. Q. Do not you know that Mr. Warrant is the attorney for the prosecution? A. I do not know him by name—I instructed the Society for Protection against Swindlers to prosecute.

JAMES BARRATT . I am a grocer and cheesemonger, at 42, Robin Hood-lane, Poplar—I gave an order to the prosecutor on 26th August—I went and bought the goods there—goods amounting to 4l. 15s. 8d. were delivered by the prisoner to me on the 28th, about 7 in the evening—I paid him that sum—this (produced) is the receipt—it was signed by the prisoner in my presence—he was sober.

Cross-examined. Q. Can you tell me whether he was sober at 10 o'clock at night? A. No; he was when I saw him, about half-past 7 or 8—my place is four miles from the prosecutor's, I should think—I saw him returning by my house about 8, after I had paid him the money.

JOHN DAVEY (City-policeman, 252). I took the prisoner—I told him he was charged with making away with the money—he said he did not make away with it; that he lost it, or else a female whom he picked up robbed him.

Cross-examined. Q. Did he not say that he got drunk? A. Yes; after he came home—he told me where he lived—I went to the address, and found he lived there—I searched him, and only found a penny.


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