The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1875-07-20 00:00:00

!HR (11A,R011 OF PHREZZLIMENT.

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Henry Trove ft was brought up remand charged with
einheagling lab, the property of Mr It. P. Putman, brewer, of
Nethe•buiy.
Ilr W. H. Manley appeared for prosecutor, and Mr Howard
(Wiiyr!touth) for defendant.

floward Wuxi that all the WiIIIMP might bc ordered out
of court. . .

Mr Manley, In opening the case, said durin" the 1.4 tsix
months prisoner had been in the employ of Mr Ir. Pulitian, a
brewer of Netherbury, and the tenant of the Bridport Arms
inn at the Harbour ; his duties were to receive goods sent by
his neuter, to sell them, receive money, and ace punt for the
same, but he had not done so, and there was a considerable
deficiency Ile should show that prisoner had taken a sum of
money on July 11th, which he bud not accounted for, sod
which would constitute embezzlement.

Prosecutor -sal:I he rented th-e-litiiport Arms inn from the
Harbour Commissioners ; the prisoner was ut his employ to
manage the hoose ; as such he was to supply custdmere with
what they needed, and hand all the monies to hint when
required ; he was pakl ris per week in money, wid allowodl
perquisite, any money received in the yard for the stabling .1
homes any profits that might arise fnim provisious sold in the
house, or from persons heving tea there; he was to fiod the
necessary 'alit for cooking, as he neer-red the profits from that
source. Fran tillte to tinter he (prosecutor) had gone into the
accounts with prisoner, he believed he so went through the
accounts in November ; prisoner 14'.01 then 113.11.1 in his
payments. sent for him to come to Netherhury to account for
the deficiency, and he then admitted what he had done e ith
the money ; he (prosecutor) toll him he should not keep
on if he continued like that; but be Afterward, mid he would
give him another trial, if he would pnintise to act differently,
end prisoner promised there should be nothing to complido
in the future. Ile went OR better for II thus, and Winn time
afterwards lie gave prisoner notice that be should atteoll anti
go through the accounts, and asked him to get all hills and
vomiters ready. riti June Ilth he went to prisoner's house with
Mr It. D. Loveless tine of his clerks; the first thing lie
(prosecutor) did was to take stock with Tmvett ; he then pro
duced the account of goods supplied up to that thine ; ansi til
cash pall him by lalgera ; bayou given him crolit for what
he Ind in stock, there was • balance azainst prisoner or .1:2.1
odd—that was from the sth of February previously : he mkol
prisoner if he Woe mmtisfietl with the corns:Ness of the 2CCOUIii,
and he sail he W., after he had c”ruitiol a book in which
his receipts were entered ; the accounts corresponded, he
(prosecutor) askol him to acomnt for the deficiency, and be
.11 he could not do in; prisoner said he had laid out ROM 01
the money on ill* wife, and that he was owol some money ,• he
told prisoner his instructions were not to give credit. but einen
he had d.me who had he given credit t .1 Prissier declined
to say to whom he hal given credit; and he (presecutor)
then asked him to produce his books that he might see what
WWI owing; iiIIIOIICT declined to do YD. tic tico.luced some
vouchers for rat. he had paid ; he 'lid not say them were any
out landing, lie had been given crolit for the rate. he had pabl.
Ile told him he should nit let him go on like that. Ile went to
hint again on the listJutte, when he again saw prisoner, t 11.1
him he was not satisfied as to the debts he sail he was owed,
itnd he wanted to know who owed the money, and the amounts.
Prisoner said he ...mild not tell him thew Ile ( poiseeutor) said
lie was determined to find out, and prisoner minindsed to send
a statement by next day's lust; his excuse was that it would
take bill.andiour or an hour to make out the acoinitt. Ile ,
asked prisoner to let him see the books and he would take it
off himself, but prisoner declined to pm...lnce the books. Pri-
soner ilid not send any statement by post, and on the 19th
June he (prissocutor) went to prisoner Wahl end asked MIDI how
it was he had not sent the statement as he had promised, and
he said he had not had time to make it toil. Told him he mull
not have been so busy as WI that, as • week had elapsed, and
prisoner replied, " You do mit wish me to sit up all night, do
you " Ile (prosecutor) went again oo the fah dulY, mid again
demanded the books, amid prisoner said he should not produce
them to him or anybsly else. Ile remonstrated with him
telling him how absurd it was; and he theu said h, did
expect he would understand the b.mks if he did produce them
Ile replied he end! with Kis:ince' expisnations, as well as
anybody else; but prisoner ettil refused to produce the hooks.
COTISCRUnIieO 01 that he told him he should b, crimps:lied to
take steps which he should be very sorry to take. On the sth
July he went again. siul told prisoner he RAg going to make
UP the books and take stock, sod told him to count up what
cash be bade, hand, lie replied, " Time enough to do that
by and bye." Ife then proceeded to take stock with Mr F. C.
gbssliey, his traveller, requesting prisoner to acommsny then,
but he refused to do so; again requested him to r 0 with them'
as he wished for prisoner to see that the stock slut correctly'
taken, but he would not do Ile (prosecutor) then took
stock. soil afteneards toll prisoner he should not continue to
enmploy him as manager of the itrldto,rt Arms, and silted hint
to hand over all m'mt,ies he hal received ut to that day. lie
reldsed, "I shall s,,t do so;" tub was about five "clock i,i tip
afternoon. Then :inked him, " Have you received any money r
house, hut as you want me to leave you do not think Igoing out without a shilling is my pocket, do your Id. tl
am
took steps to put some one else In the management, and about
ado wy,

Pei/MOT refused to hand over any money, and Said if h.
(prosecu(or) was not satiated he had better send for the pohes
a‘f
I%e next day he (proeoeutor) applied for a warrant.
Cora-examined by Mr Howard : e supplied the at,, ahe
spirits to prisoner. ; there was tO be an Miewintee fur tota ste •
prisnier was to .ell the Met and spit its, awl to sen•i bad, the
ret lit price, not the wholesale ; be did not send
put down all things received, invoiees
he the
beer and lemonade on his own account, sometimes In. (pr,,„,„
cute's.) pai•l for the ginger-hoer, and sometinies the pri-oner •lid
prisoner went in on 20th Ju y, 1874, and the first set Ildnent
was in 04e beginning of November-nizrely payments
on.r.
amount ; the aoolunt produced eltS made up to N•iventher, set
was in the handwriting of one of his viva.: it shores the
amount due up to the 24th October, the difference being .
balance duo to him (prosecutor) of £lB 91; the hooh
produced sheered cash payments made by prisoner L,
there was no dispute between him and pria•ner as to tie;
particu'ar items as 10 goods and payments ; in November
prisoner showed that he had given credit, and " cash a hand
and owing about C. 5• was entered at the foot of the bill at
that time prisoner del not deny he owed the balance. but that
remember when the next settlement was -he del not think
he hail
that
adsP he s litn s
t sole\i'fpthplied i
e£lBtri's7lneir upon kis wife ale' children,
etcr with go .115, but could not
there was tone : the reason they did not settle every mo• th wag
that it woul•I entail taking stock and going into the accounts.
prisoner might have mill rives, and other mulct: the psis
reason that they del not settle monthly was, that It involved
taking stock. The next general statement was mule on July
11th ; and the one produced was the unte ; he del not know .4
ally • tiler accounts delivered but the two nos, sh••wn up to the
11th June ; 11,11 the 4th February, 1575, he toil, ens*, and then
' there was a stock in hand of the value of LI2 13s Ad SUSI an old
balance which was flit 111, fight Of of about £34 IN 7d. The
a ~,,, tint due for lodging was furnished by prisoner ; he did tot
proti•le prisoner with aby books to keep accounts, as he did not
think he would want them. Ile did not know the by on
which the last ACV tWM sent In ; the balance owing in Jette
was £513 its loll; this included £lO which Trevett !mei he was
owed for lodgings, but he declined to furnish any particular':
after that, and down to the time he was spot chen•loi, prisoner
was supplied with 'c.d.., and also paid cash on account, the
last Mikis* were Sent itta June 20th, and the last money peel
by Treeett ens 00 July Ird-C-5--C2 for goods, and Cl for
lodgings. Pnwitt•r had never denied the correctness ig
the amount, but admitted it was correct, although he refused to
account for hie deficiency'. Ile toll prissier he would have to
" make up" the deficiency ILIA he did not remember what
prisoner said, but he see Ito imply he could not do so. On
the 11th July he gave him a week's notice to quit the houw;
this eras in writing; he gave him verbal notice on Thursday,
the 4th July, att•l on Saturday a written notic•• : prisoner was
apprehended under a warrant in the 9th. The deficiency L 35--
the real balance against prisoner was 1.39 3e 74-he charged
him with embezzling. Prisoner had never given him a state-
ment of what he had done with the motley he could not account
for -he would not give anylparticulars -he 'lid mention the
name of one person 010 owed him some money.
Itesemeinintal : On the 4th of July he asked prisoner for all
the money he owed, hut he declined to pay it
Mr F. C. &iodic,- said he was a traveller for Mr Puiman ;
the letter pnaluced stated what the prisoncee terms nt employ.
mcnt were, and it was signed by him, lie was at prisoner's on
the 4th July, with Mr Pelmet, ; Ile heard prosecutor reipiest
prisoner to eye up POSSOSSiOII of the house which the prisoner
refused to do. Heard him also ask for any I.oks which he had
with regard to the trade of the house, and he refused to pro-
duce any: th:re were sone hooks in the bar, which appeared
to be account bloke. Ile laid prisoner, shortly after that con-
versation, fol, and prioeo r onitinuol 'ening customers.
Later ill the evenino lie Putman told the prive•er he ceased to
be his manager; he (witness) had altogether paid Is 2.1 for
spirits and beer during the afternoon, and there were many
customers, one of whore speut Is. present, priv•ner taking the
money for what he supplied. After that, he beard prosecutor
request poisoner to ;rite Oil the undue, and books, and prisoner
replied, " on you think I am such • d— fool as to go out of
the house without a shilling In my pocket?" Heard • further
conversation, just as he ale about to leave the house, when
prisoner will again asked for all monies belonging to Mr.
Putman, and he was also asked for the books, but declined to
give them up
Crompexaminal : Ile spent Is 2.1 while he was in the house'
the gottlemen who spent Is hail It in spirits, he del not mm:
111011 of the livalttv—(lntiglitcr). Mr Ihdrnan did not SOO
prisoner paid the 15 21 and thou. The hooks In the bar looked
like account books-they were of the °refinery size
Melt. D. Loveless said he was clerk to Mr Putman, and the
acconnt produced marked "if" was correct, and had been
admitted to he correct up to the 11th June by the prisoner.
Prisoner stated that he could not aconoit for the deficiency
more than about .42:1 or £4 had been spent by him on his
Cm-a-examined by Mr. Howard: He generally kept the
accounts. lit November last the balance owing was CIS Is 2.1;
on the oth of Febniary, t.3i 1917•1; and at the present tints
.C 74 3,2.1 was the sonnet actually owienr,
lir lbovard asked where the particular item of e 35 which
prissier was charged with embezzling, Slid fur which he had
been apprehended, WOD to he found.
MY Loveless said he Collbl llot show that exact balance- the
real ail paint for which prisoner was apprehended Me/ £3O 3.71
the dclicienciesi of the last three months.
_ . . . . . . . . .

..........,. ......-
Mr l'ulietaa explained that when ho took out the warrant he
did not know the exact sum owing, he thought it was about
goo, but was not sure Mr Gundry told hint he had better tin
the sum at CIS, anti he hal done so.
Mr Howard. for tho defonee, 'all he felt that an Important
trust rested in him with regent to his client, who was charged
with a very timbals oenco; tip to this time the prisomer had
always Isarim a goal character, and he, therefore, felt his
position very acutely. In oases of this kind it was absolutely
neemaary to show a speeide sum which hal been enthemlol,
am) this Mr Manley bet attempted to do, but had simosilY
failed. Ile believed Mr Marilee knew from the very first that
he had too ease, an•l that befief ntot.t have lieen very much
strengthened a, the Coe fuel Mr po,hooaoo toad gioeit
his evidence very fairly, an,) Mr Manley had lea In a letter
which showed the tenns of the azreenteed existing letweeit
prosecutor and prisoner ; awl he (Mr Moment) thought there
was a eery striage w,skioc...i about the agreement, for it *isled
that prisonier should at all time. be ready to amount for mimic.
receive:l ; lout it said nothing al. .at lov jug the amount over.
prisoner loot at any Gine dbmateol the accounts which
had been sent bunt, but had saki they were pe betty amurate,
but he could not see 'at bor a certain soon. lie tnaintaitted
that if prisoner was now guilty of embezzlement he had also
been guilty as far Inek as when tlw tint account WWI Mali In.
Why were not 111.11.1 iii thAt. even
after the 6th July last, when the last amount was sent In,
prosecutor lead cot thine I sup ly goo •s, and money hod
been paid 11.11 4. aecount It \St,* only a ci,il debt and not
embezzlement, att.l ti,. cc was only a civil remeoly. With
regarol to the money oironer load him Raid to have received
mo a certain lay, Is 2.1 of that hail actually been ioahl lain be
the traveller ..f prosecutor. and that therefore fell through.
Mr !toward quitted a Ca.,. ifr,fno. v J.otrir. In suppowt
of his argument, loom which It appeanal that merely non-pay.
nsent of an aeoount toy a servant oliol not constitute embezzle.
ment, but tint he nowt be proved to have spent a specific sum
which It sra.i.r..ved he had remit...l fir lois ina,rter. Ile one.
eluded *cry lengthy address lo savi•oot li left the matter in
the hands of the magistrates with coolidenee.
. .

Alter a emisitltatijit 'With hil le,ther negllltrate, the Layer
add the /knell did lust c molder themselves Juatilled in tam-
inittimi the t•risoner tsr trial, and the charge went.' therefore
diseeetu.l.

The 21131$411teettlelit WWI WI:MiY4.4 with 1111.1311,10 in Court,
which wan
that it Impd not he 11111.1%iiie.1 they did not think Mr Trerett
ho -I been guilty of impropriety.
The mon, luet,,l over three hours, and wag li.tened to by a
enmded Court, it being found on essary to hold the proceed.
Mug in the I axe noon).
I:011011M MUCK Welilleithy. —Before Mr F. Gond.
. . . . .

f Orge Ilantlhrd wo. ehai.ged on the information of P.S.
Gale, with having been drunk 1.. the borough the previous
evening.—Prisoner pleaded guilty. Ile was very sorry • he
had on been ill, and had de no work for six month., yesterday
he met with a friend, they hnd • drop to drink together, and it
overcome him—Mr (Mod SA.I he must line him—in fact he
thought whether • moth 1.. 111,c/seater gaol would not be
likely to benstlt his health.—Asktd al to his employment,
prisoner mid he had kr,. engaged ,in the water work., before
his illnesa—ile was Snot 24 1.1,1 and the net., de—Prisoner
asked tor time, eta} hoo,l to be able to go to work next
week, and was allowed • fortnight.
. .

Ila.llJ Joknsen a None, gan sailor, was brought up in
custody—l'S. Gale said the prisoner came Into the Harbour
one day lest week as a ...dor on board the " Fanny," from
Riga, %HA pas He aa, paid IT, and shortly after he had left
the repel, the cook, Tloonas York, • north c untryman, missed
a jacket and pair of trouser. York gar. information to the
'ohm, and he (Sera. (tale) baring discovered that prisoner
WWI gone to Cardiff, telegraphed there, and prisoner was taken
bete custody. Ile (Sena Gale) went to I milli on Sunday, and
brou4ht the prisoner back on Monday, and he hal been locked
Up ever since. The prosecutor, however, had It conic leased,
to prosecute, and he (Sena. (tale) had theeef..re to ask for the
prisoner to be discharged.—)fr Good asked how about the
CSI roses, and Sergi Gale said if he could find the prosecutor
he would be made to pay them; if not, the county woubl have
b. do so. He added that prosecutor had made a terrible fuss
shout the ask, and had in the first lawsuit. telegraphed to
Cardiff himself. Mr Good said all he could do was to dismiss
the prieuner, he hoped he would be undo cautious for the future
and not get into trouble spin—hisoner was then liberated,
and told he amid go back to Cardiff a.: soon as he thou;la fit

BRIDPORT COUNTY COURT.
FRIDAY. —Wore lir T. B. P. Utley, Judge —llls llonntar
took his seat shortly after ten o'clock, and the following cases
moo
_before him

C. J. Hughes, Allington, • N ilium' Taylor, Momonibelake.
—Claim Li Its b I for relit.—Defeislant did not appear, but
had paid fe into Coml.—Plaintiff Mid the Gs had been paid
withoue his knowledge ; defendant was a mason In constant
work.—llls 11, nourasked if them were any other mass against
him, and being told there not. made no order for Cis to he
pahl In • month, arid ten month afterwards
John Winter, boot and shoe maker. lhaminster, • Daniel
I'a ~l, sawyer, Heatelluter to lid. fore pair of boota
Defendant did not appear.—Plalntill said he should think the
defesidaot tamed 30s • week.—llis Honour, remarking that
suchs small amount was hardly worth suing for, Haile mi order
for hal/ the debt with riots, to be pahl iii a fortnight, and the
remainder a fortnight afterwanle.

• "Yii"..;;;e-: -6eorge Turn,, labourer, Beaniinstar.—Claini
f, boots supplied to defendant's wife.—Deltmdant did not
am war, and, in answer to His Honour, the bailiff said defendant
was a troublesome character, and would not lay till he was
form,/ to. —Three monthly insta/ments, the first in a fort-

...VI;; Some v. M'ilba in II o wirer, labourer, Dominator. -Claim
balance of an account for boot, and oboes.- Order made
for two instalments, the first in a fortnight, the other in • month
loon the pnwent
William Edison's, merchant, ltridport, v. John Osborne,
auctioneer, ice., 42 for twines, Re., supplied. -
Isefeuthust, who did not appose, had sent el lis by poet office
order. Plaintiff explained that el Cie was the original amount
of the bill, but that he had demigod 3s for interest, as the money
had been owing • long time. The defendant was advised that
demi, would be charged at that rat.; the goods were supplied
I, August, 1473. -Onlen,l to pay 3. forthwith. with the costa
of the learing, 2s.- Plaintiff asked for en! en..., and was
idiom"! 2., His Honour remarking that it seemed he bad had
much trouble with the dtfendant
West of Knyland Sack Company V. Peter Davie, baker,
Itatupishain.--11r Richard Balls, the company'a agent at Ltrid-
port. represented the plaintiff* -Defeeilant's sister, who
etiptnred for him, said that les was all that was owing; ehe
Lent her brother's accounni.-The claim was £2 lee fal for sack
hire, and sacks not returne L -Mr Rails Pahl cerise-les had been
1.1. but only 71 returned -His Honour said the Company did
hour bitalnows apparently in rather a home manner; here was •
el Om which had been allowed to stand 'nor for eve years, and
or defendant wae ealled upon to prove that he hot returned
the seek,; it was very unfair to mil on a pereon to prove a
thing which happened In long ago; It Seemed to him the 0 .m. I any** accounts had got Into a mess ; he should advise Mr Balls
tale the ble 1.1 offered, or eh* he should non-lull hlnt.-/1 r
Rails consented to take that amount, which, with the coats and
expene,.., ~,,, umber to GI was p.hl by defenilant -Mr Rails
said he thought It right to mention that the defendant had been
summoned at the hurt Court, but the plaintiffs had consented
1.. an relfo remain in consequence of the illness of defendant.
For the future the Company's accounts would not be allowed
ti run for auch a lengthenel period.-Ili. Honour said he did
not imam 1.. •ay that unfgir pressure had been used, but he
sail that action should hare been brought sooner.
Jorcidi nciolail, baker, Burton v. Rickard Porsey, comber,
Itristob-Claiin 10e, for bread supplied. -Defendant had pent •
101 l I, the County Curt race, which had the word 'settled"
written In pencil at the bittom, and that morning another
letter had been reveivel, saying that the money had been odd 1,. Henry Prout, 1,, the employ of plaintiff. no bill had been show ri to plaintiff, who ined repudiated the so-called setthanent,
as the wor.l (Hid ^ was reit in his harithrriting, and no name
a-. attached. The plaintiff bad not heard till that morning
that the money had been paid to Proub.-Ordered to be paid In
two hist detento. the tint in fourteen days, the other • fort-
night aft erst anis.
Putman, brewer, Netherbury, v. George
Gra-
CleAt,, 111 100.-Mr F. C. eb,odley, who represented the plain-
tiff, sael defendant had sent, offering 50 • month, and the erder
wax made acconlingly.
William Morey, butcher, Bridprirt, r. Peter Spence, game-
keeper,
Carlisle. Claim el -Defendant did not appear, but
sent legend promised the remainder In two months -Aocepted,
Bernard Hodder, haker, Bridport. v. I'eter Speace.-Clnlm
LI la-Defendant. as in the last ease, Dent 10e, and said he
would ley the remainder iti too monthe.-Acceptal.
Militant Morey, butcher, Bridport, v. Thomas Stone, late •
farmer, of liensaere.- Claim e 3- Plaintiff said he had sent in
frequent bills, and defendant had promised payment ; he
believed the defendant was now ranting a house at gle or fflB
a year. -The bailiff said he had put loan execution twice for
rent, but the rent hail then been ',Md.-Judgment for paymeet
forthwith ; If pui„tie could not come to an arrangement,
execution to follow.
Ilenry Lawrence, 'mbar, fleatnioster, v. William Hawker,
thatcher, Corao,nabe - LI 124 Dd -Defendant did riot
aPPear. -Plaintiff said he had frequently asked the defendant
bur the money, but he had now left the ne•glibourbood ; he
believed he had two or three children.-Th• bailiff said he had
an execution against the defendant, but could not Is it.
14 he was now Using at Croutons*, which was out of MiS