29th February 1864
Reference Numbert18640229-346
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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346. JAMES HENRY WORTHY (23) , Embèzzling the sums of 9l. 10s and 9l. 6s the moneys which he had received on account of Alfred Isaac Jones, his master.

MR. F. H. LEWIS conducted the Prosecution.

HENRY MASTERS . I am a tobacconist at Aldershot—on 22d December, I purchased some goods of the prosecutor's traveller, Mr. Worthy—I paid him for them—this is the receipt be gave me (Read:" Received of Mr.

Masters, the sum of 9l. 10s., 22d Dec., 1863, for A. Jones, J. H. Worthy"—the prisoner signed that in my presence.

HENRY GRAY . I am a tobacconist in High-street, Aldershot—I did not on 21st December, or at any other time, purchase goods to the amount of 9l. 6s. of the prisoner—I don't know him at all, and have had no business transactions with him.

Cross-examined by MR. NICHOLSON. Q. Are you the only Mr. Gray in Aldershot? A. There are other persons of the same name, but not in business—I am almost certain they are not.

MR. LEWIS. Q. How long have you lived in Aldershot? A. Ever since the camp was formed there, about eight or nine years ago—I am the only one in my own trade there of the name of Gray.

ALFRED ISAAC JONES . I am a tobacconist, at 132, Holborn-hill—the prisoner was employed by me as shopman, and occasionally went out, at his own request—he was employed as traveller by me on 22d December—he was to remit all moneys received by him by the evening post, if in time for it, with the exception of enough to carry him on to another town, enough for his expenses—on this occasion, he took goods with him I believe somewhere to the amount of 70l.—he did not pay over to me a sum of 9l. 10s. received from Mr. Masters, or account to me in any way for it—he did not tell me that he had sold him any goods—on the evening of 22d, I asked him if he had sold anything—he said, "Yes," and he took a little book out of his pocket, and called out various sums, which I can give you from my day-book—he represents, in this little book, having sold goods to the amount of 9l. 6s. to Mr. Gray—he has never accounted to me for that in any other way than saying that he sold them—I gave him into custody for these robberies, without saying anything to him—before that, I found out that he had been robbing me in other ways, and I forgave him—at the police-station, I asked him if those were all the accounts he had embezzled, speaking of the accounts at Aldershot, Gray's and Master's—he said,. "No, they are all wrong, except Nurse, of Lynn"—I had forgiven him for taking goods out of my place and making away with them—I had not forgiven him in respect of these particular sums.

Cross-examined. Q. Do you know Mr. Yardley? A. I saw him on two occasions—the first occasion was when I found out that the prisoner had been taking my goods away and selling them to Mrs. Yardley—he said he had booked them in the usual way, and sold them to her—I went down to the place, and while I was there he came in—I then saw Mr. Yardley for the first time—I took them up to my house to see if the prisoner could show me where he had booked the goods—my wife was expecting to be confined every hour, and I let him go then—a paper was written, in which he stated that he had robbed me, and I stated that I had forgiven him—I know Mr. Grace, from his coming to my house; he is the prisoner's brother-in-law—I have not done business with him—the prisoner asked me to let Mr. Grace have some cigars to sell to his fellow-clerks in the Brighton Railway office, to get a few shillings by, and I stated that I had no objection—I believe I have the agreement here by which the prisoner was to receive 1l. 5s. a month as salary when he first came—that was the amount he asked me for when he first came into my service—I don't think I had entered in my book it the Police-court, all the goods which the prisoner had previously sold—I entered them in the same way as I had done before, as sold to the customers on my account, and the moneys, in many instances, I had received myself—I gave the prisoner the goods as my property, to be sold to my customers—when

he confessed he bad stolen some goods, he said his brother owed him 1l. odd for cigars, and somebody else 10s., which he would pay me; but I never received that money—I used to enter the goods in a sort of rough order-book—he would take the goods away, and either send me up word by letter what he had sold, or give me an account of them when be came back—I looked over the stock when he came back; it was settled, and I gave him a little extra for remuneration for going the journey, which he was perfectly satisfied with.

GEORGE PAVETT (City-policeman, 227). I took the prisoner into custody—I told him I was a police-officer, and I was going to take him into custody for stealing and embezzling several sums of money, of Mr. Jones, of Holbornhill—he said his master had forgiven him—I found 2s. 6d. upon him.

GUILTY .—He was further charged with having been before convicted of felony at Chelmsford, in January, 1863, in the name of James Worthy; Sentence, Twenty-one Days; to which he

PLEADED GUILTY.** MR. LEWIS stated that he got into the employment of the prosecutor by a false character.— Six years' Penal Servitude. There was another Indictment against the prisoner.

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