The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-07-09 00:00:00

BOROUGH PETTY SESSIONS.

THCIPADAT, July 4.—Before J. Emoor and R. Davis,
&qrs.
Ate ATTOINZT CHAHOLD WITH EMBEZZLEMENT.—
Jae David Wakes, • solicitor, was brought up on a
warrant, charged by Mr. Feel, solicitor, with embezzle-
ment.—Mr. Fear stated that it was with regret that he
prosecuted in this case, but be was obliged to do so.
On the 7th June prisoner received £6 be, Ild, which
he had not accounted for. He would simply prove the
sae) and leave it to the Bench to deal with it. He
thin called Mr. Lawrence, the governor of Dorchester
g eol.—Prisoner interposed. He hoped Mr. Lawrence
would not give evidence, although lie had no doubt of
being acquitted, as he had a wife and two children, if
he were committed for trial it would ruin
Lawrence was, however, sworn, and deposed that on
the 7th June Mr. Weekes brought him a receipt for his
inwirauce, E 6 10s. lid., which he paid him on Mr.
Fear's account. Mr. Fear's lame was not mentioned,
but the receipt was the same as he had always had from
Mr Fear, and he paid him as Mr. Fear's clerk. Ile
had before paid prisoner, and then he told him he *awe
from Mr. Fear. Mr. Fear had also told him he was his
clerk, and to the best of his belief told him that lie had
• certificate, and had been practising in London. lie
did not Ley anything about his practising at Dorchester.
He knew • Mr. Adams had been with Mr. Fear, but
did not recollect whether he had ever paid him. —Pri-
loner then applied for a remand till Monday on bail, as
he had not had time to prepare his defence. Mr. Fear
was now using a criminal screw that he might get
money that amid only be recovered in a civil court.—
Mr. Fear asked the Bench to bear theeest of the case.
He was then sworn, end deposed that he was &solicitor
practising at Dorchester and Sherborne, and that he re-
sided atkhe latter plats,. He engaged the prisoner as clerk
and general manager of his business at Dorchester, and
directed him to send him • letter daily of an account of
all receipts and payments. He did this • few times
but al terwarda neglected to do so, and on the 150 June
when lie came down to Dorchester he found the prisoner
absent. His wife made an excuse for his absence, but
lie insisted on seeing him. When prisoner came, he
requested him to make op his accounts. He did so,
and made the balance against biruself tA 12a. 3d. He
then asked him if he bad accounted for all the money
he had received, and prisoner said lie had. He then
told the prisoner " This is the second time you have
robbed me, and you cannot stay any longer." He had
previously asked for the cash boa and found in it only
19s. In the book which prisoner made up there was no
entry of LIS 10e. 11d, received from Mr. Lawrence.—
Prisoner: There is no entry on that day of anything
bat" offiee expenses." It was the day after the receipt,
and I had no time to do it.—Mr. Fear: It was on the
15th June. After he had told the prisoner they must
part, he found a discrepancy between the cub box
and book account. Prisoner staid about the office all
day, wishing to come back again at no remuneratiou,
that it might not be known he was discharged, but he
refused to accept him. Prisoner was hired by the week.
He (prosecutor) was agent for the Argus Insurance
("emiipany, and when lie made up his accounts he mired
Mr. Lawrence's receipt, and there was no entry in the
books of its being received.—Cross-exainiued ; The first
arrangement made with the prisoner was by letter. It
was not the first time there had been a
disturbance between them about money matters.
As far as he could recollect, the first agree-
ment was for prisoner to have El 15e, per week.
The arrangement was altered about the 30th March,
when prisoner was to receive El per week, to get his
certificate, and to have the profits of the cases lie con•
ducted at Petty Sessions. Believed the l'ouuty Ouurt
practice was not included. Did not say the business
'' was gone to the dogs, and that primmer was to get
his certificate and have two-thirds of it." The certifi-
cate produced was Mr. Weekes's, and he (Mr. Fear) did
not 'say for it. Prisoner had some law books in the
office, and witness refused to let them go while things
were in this state—believed the words were "until the
the accounts were wade right." Did not then know of
Mr. Lawrence's money having been received. On
prisoner asking if be might stay in Dorchester anel
practice on his own account, witness replied "No,
your arrangement was, when you left, you should give
me a bond not to practice within so many miles of kir-
chester, and therefore 111 not allow anything of the
sort." The bond was not given. Had asked the pri-
soner many times to prepare it, but he had not done
so. Did'nt say " I'll give you a week to get out of
town, or I'll put you in Pourcy's hands." Did tell
him if lie did'nt leave the office he would send for
Pouncy to put him out. Had had four or five clerks,
but not • dozen, since Mr. Garland died, about two
years ago. Mr. Adams, the last clerk, had his name
put as if he were in the firm, but he NMI not.—Pri.
miner : Then you held hint forth to the world in
false colours.—ln his deferce, prisoner said he had
been out-geuerallal by Mr: Fear. Ile was with •
gentleman in Surrey at a good salary when a bait
was held out to hint of beconiing a partner. The
letter he received from Mr. Fear set forth that his
partner had died, and that the badman was worth
OW or £4OO a year. He fell into the trap as others
had done before. When he got down here lie found
poor Adams almost in a state of starvation, and he
(prisoner) had to ply for his meals and his fare when
be left. However, he took • house, brought down his
wife, and was promised El a week and two-thirds of
the business. Mr. Fear now turned round on him,
refused to pay for his certificate, and he had paid
£6 10e. for it out of his own pocket. Mr. Fear had
taken care to praduce all the books relating to the
charge, but lie had uot produced the petty cash book, in
which it would be shown that his remuneration was
rat entered as salary until the date of the new
nrrangeinent, after which it was entered as "on
account." The cause of this charge being made was that
Mr. Fear was afraid he would set up against Min.—The
magistrates decided upon having the petty cash-book.—
Mr. Fear went and got it. He said it had been kept
by the prisoner because the office boy should not know
what remuneration he had. He therefore did not know