The Express.
London, England, 1851-11-19 00:00:00

IN ItE"BOYD.

This WAS the certificate meeting in the case of J. Boyd,
silk manufacturer, of Spital-square ; but the bankrupt hay-
ing been committed a few days ago on a charge of obtaining
good; on credit for the purpose of pledging them; there was
no appearance on his behalf.

MIDDLESEX SESSIONS.—YESTERDAY.
Bry in Mu. Ti
EMBEZZLEMENT BY AN ATTORNEY'a CLERK.

John Grier:on Mine 33, a respectable-looking man, was
indicted for feloniously embezzling the Mlles of 10s.,
11. We., and Os., received by hint ter and on account of
James Grayson, attorney, his employer.
Mr. Parry, in opening the ease, said the prosecutor was
Mr. Grayson, sulieitoeiof Clement's•inn ; he and the pri-
soner had been acquainted with each other at Newcastle,
where the former had been in practice before he came to
London. Some two years ago the pros. cuter accidentally
met the prisoner in the City, and from motives of charity
and kindness he gave him some slight employment iu has
office, the prisoner having represented Ithuselt to be iu tho
greatest possible dtstress, but the remuneration he received
we. certainly very small, some six or seven shillings per
week, the duties he hail to perform being quite of
a trivial character. After a time Mr. Grayson paid him
a guinea a week, the duties he teen discharged being
those of clerk, and the particular circumstances out of
which the matters now about to he inquired into
arose were these :—There was iu Mr. Grayson's office an
action " Cohen v. Lawrence." 'llll, tletellaeet being Mr.
Grayson's client, and the plaintiff having abandoned the
ease, he became liable to Mr. Grayson for the defendant's
costs, which amounted to at. 130. 6.1., and certain terms as
to the payment of that bleu were arranged between the
prisoner and Cohen. On the oth of March in the present
year Cohen paid 10s. to the prisoner, and on the 11th of the
same month lie pahl hint 11. Vis., but for neither of these
sums did he account to Mr. Grayson' hut put them into his
own pocket. Some time afterwards Mr. Grayson asked the
prisoner whether he had received the money from Cohen,
when he answered in the neautive, and said he did not
think Cohen ever would pay it, and that he was not worth
powder and shot, so tnat it would be useless to attempt to
compel him by proceedings to pay. In September, Mr.
Grayson thought it was time the money was paid. The pri-
soner left his service in July, and he issued a ti. fa. against
Cohen, into whose house an execution was platted. Cohen
showed that he had paid the money to the prisoner, pro-
duced the receipts, and Mr. Grayson thereupon at once
withdrew the execution, but Cohen considered himself
aggrieved, and brou,oit against Mr. Grayson an action for
an illegal distress. Ga the 24th of June, it would be seen
that the prisoner received the sum of ail. front a Mr. Itam•
sey, who owed the prosecutor 21. 10.., tbr which he never
accounted, but applied to his own purposes and he (the
(learned counsel) thought that whin he had proved these
facts, the jury would have no difficulty in *aiming to the
conclusion that the charge of embezzling those three sums
was made out.

hlr. Grayson was then examined. lie bore out this state-
ment of the facts in so far as they related to him. lie said
the prisoner was authorised to receive money fur him, and
that he had not in any way accounted for the sums men-
tioned in the indictment.

Cross-examined.—lle came from Newcastle in IMO. Ile
had been through the Insolvent Court. Ills debts at that
time were not more than 31101. or 4001., whilst Sc had duo
to him 1,0141. lie had judgments on an estate in the county
of Durham, but they had not been
_satisfied, and, in
consequence .of that, he had not paid the whole
of his debts. The judgments were against the execu-
tors of Mr. Shaw, a magistrate. The judgments
were fur mousy lent—hie own tuna fide money—acquired
by assiduity in business. He bad paid a number on his crest
tors lle could not mention their names. Amoingot them
he had paid his tailor five or six pounde. He laud been
offered money to release the judgments. They related to
the Ilemsworth colliery. When the prisoner asked him
for employ his business was but smell, and he had no
occasion fur his services as clerk. Ile told him that he
wanted but a boy, kind if he clause to do what he should
want a boy to do, and take the only pay he could give (five
or six shiltings a week). he ruightdo so._ Ile said lie should
be thankful to do NO, and accepted the otter. Ile had
business at Merthyr Tydvil, and used to go there for the
purpose of transacting it. Never wrote to him Pram
Merthyr Tyilvil, saying he should have an interest in his
business. (Some lerters were shown to him.) Would
swear that he never induced the prisoner to think any-
thing of the sort, but liud given him perhaps a couple of
pounds for his kindness in briuging busitues, but that WY
to put food into his mouth. The torieoner had received and
accounted for the rusts in several actions. Ile had
certain costs in a ease, r"f he Queen v. Captain
Ackerley." lie had fees to pay to Mr. Hurry,
banister, in connexion with that Caine. lie never gave
the prisoner one pound to conceal the fact of his having re-
ceived the coats in that matter, to avoid paying Mr. 'lorry
his fees, it having been arranged that those tees were to be
paid as stemma the costs were received. The fees were still
owing to Mr. Hurry, because he (prosecutor) had introduced
Mr. Horny to busiuess. Wrote to Mr. Hurry to say that
he would pay him. Would positively swear that he had
not given the prisoner a pound to avoid the payment to Me.
Hoary. When at Merthyr Tydvil, he sent looney up to
the prisoner for geueral purposes. The prisoner had net
accounted for a eel:tient of the muuey so sent. Would re-
peat on his solemn oath that he never promised the prisoner
a share in the business, either by letter or otherwise. No
doubt he promised Mon advantages fur loieinduotry in Wyse-
ducing business. When he brought huoiroas to the °Woo
he had a deuce ur. The prisoner laud not the privilege to
conduct business on his own account. Conehlered the vei-
-1 toner the reverse of en honest man. Could not say he bad
I never been drunk, hut he never wilt so drunk as to restive
I money and forged it. Never received 2001. under ex.vaor-
dinary eircusustanees from a Mr. Smith at Merthyr Tydvil.
Did receive VW. from Mr. Smith for a bill of
costs. Certainly did not leave Newcastle in consovence
of that case of Mr. Smith's. From the time the piesoner
left him in July up to the 11th of September, when he
went to Liverpool, he saw him several times. Prisoner
told him that he had bat Is. from Itainsey, but that it did
not concern him, lie having received it ou his own. account
for private busiuess, and that if he wanted it he (prosecutor)
might go to the devil and get it if he could. Had a clerk
named Webb ; did not share the profits of the business
with biro. W. nut indebted to the prisoner 4a. or sf.
Coheir had brought au action of trespass against him.
First heard that Cohen paid the money to the prisoner
when at Liverpool. The action was brought on the 25th.
I of September. The prisoner was given into custody on 110
31st of October. (Here some euutuoicw. occurred e.'.
dates.) Wascouetaittly in the want of motley—before he
went to Merthyr, before then, and at the present ramie.
• The prisoner was not iu the habit of pawning thile.-,a for
kiln to provide him with money. The prisoner once pawned
his umbrella fur 3s. Isl., but nut for him (prosecutor).
Once the priamer pawned the eye glass he (prosecutor) was
then wearing fur one shilling, because he (poisoner)
was very much in want of one, and he had not
one to give hint. Hu w ould swear on his oath
that ha never received money on behalf of clients, anal did
not account to them for such coots. Promised to pay Mr.
Horry's fees when the costs in Captain Ackurley'e ease
were paid. They were not all paid as yet.
liowiamined—Since my insolvency I havo been strug-
gling hard to get ou iu the world, and have been in want of
mosey. 1 never authorised the pliotoner to pawn ray ma.
beetle. In one of my letters 1 said (reading Irvin the letter)
study my interest, which will be yours eventually„ and
you know 1 never vary. M'hen the pressure left roe he
claimed two weeks and a halce wages, which be but
said not a ward about sharing the profits I never heard
that I owed the prisoner money until Mr. Cooper asked me
the question. I continued to pay Mr. Horry after Captain
Acktirley's business, until we quarrelled, and I believe the
Fleenor was the cause of the quarrel. lie hat brought on
quarrels with all at' clients. The prisoner was once drunk
with 71. of mine in his picket. lie never amounted for 31.
Ai mm, but he begged my pardon, hoped 1 would for-
him on. lie got Mrs. Grayson to inter-
14,1ordeli:lamwthirmtli. a:edit:chip m ; and as he begged my pardon I fur.
Prisoner—Oh, you liar.
Prosecutor—Thank you.
The wheeler was reproved for this and apologised.
Prosecutor—The primmer was on terms of familiarity
milk mea,,and well know the nature of my private affairs.
01/1/60 Dillon Webb, articled clerk to the prosecutor,
pN Ho proved the levy of the execution at
Cohsa'a bows, and the diecovery that the money hail been
paid to the prisoner. He saw the prisoner afterwards and
told him of this. lie admitted that be had received the
money, sail said ho had Paid it to Mt. Grayson the unto

Iltm of Harch—vehva he cram intoxicated. Mr.
°mason arm in Welts from the Nth to the Zith al March.
Never maw Mr. Grayingt drunk in his life, hut certainly had
tern him what he might term "jolly." (A latanh,) When
the priKNI r left Mr. tirayaou's w•TTiCV be lett his addreu at
the ollice.
Mr. Emanuel Cohen proved the payment of the money to
_ _

theprisoner.
Mr. Hammy proved the payment to the prisoner of the
lee shillings referred to.
The policemoestahle who apprehended the prisoner stated
that, when taken into custody, Out prisoner said ho had ex-
pected it a long time.
Mr. Cooper addressed the jury. He commented in strong
Mans cm the prosecutor, and %aid it was of great importance
list the jury should beer in mind that the present charge
was not preterred until after Mr. Cohen brought an action
*Oast Mr. Oraysoa. He alluded to the nature of the evi-
dence he was about to call, and hoped the jury would not,
M light grounds, convict the prisoner,
it wit -% named Toomey, a shoemaker, was then called.
Be deposed that he had had some transactions with Gray-
son, and, from what he knew of him, he certainly would
not believe him on his oath about money matters.
In cross-ezamination, It appeared that the witness had
been in Wintertime-street Prison, at the suit of his landlord
fee rent; that he had been liberated under an ►rrangement
by which he was to give up possession of the premises ; that
he, after that, went and took possession, was forcibly
*jetted by the landlord, agaired whom he then commenced
an action of tmpass. The witness was shout to enter into
a loag explanation, but was stopped by the court holding
that at was quite irrelevatit.
Mr. Sydney Calder Horsy, examined by Mr. Cooper.—l
am a barrimer.at-law. 1 hive' known the prosecutor since
IN T, hut more particulm ly during the last year and a half.
From what I know of him, lam sorry to say 1 would not
believe him on his oath about money matters. 1 have
known the prim ,er about lii months. 1 have a high opinion