The Sun.
London, England, 1838-08-22 00:00:00

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.

IViWant Sliate, a person of gentlemanly appearance was
indicted for embezzling and stealing two guineas, the property
ef hie employers, Messrs. Blackstock, Bunce, and Vincent,
solicitors, in the Temple.
Messrs. PHILLIPS arid noviere appeared for the prosecution,
and Mr. A DOLPIIUS and Mr. Ceeueseeet for the prisoner.
Mr. l'iitie,tre stated the case to the Jury, on behalf of the
prosecution.
Mr. George Vincent examined ny- Me, Bodkin—Was an
attorney care} inn on business under. the tint of Blaelistock,
Bunce, Vincent, and Sherwood. He was the only person
interested, in a pecuniary point of view, in the business. The
prisoner entered into their service in 1835. He had 150/.
for the first, and 1801. for the second year. In Nov., 1836,
his salary was 'increased nominally to 200/ , but the prisoner
eves only to receive 150/., the other 80/. going to the debt he
owed. The pri,oner managed the Chancery department, lie
a'so received and paid money. Witness gave him cheques
for money to make disbursements. He never entered any
sums received from any other source than the cheques given
by witness. In the month of June, 1837, w:tness looked to
the state of the prisoner's accounts, and took the employ-
ment of receiving or paying money in any manner from him
in consequence of the state in which he found them. Ho also
gave directions that in future all money received should be put
into an iron box, and not kept in the pockets of the clerks.
If witness was in the office, however, all money received was
to be paid to him. The key of the box was kept by a person
named Heath. That arrangement extended to all the clerks
in the Chancery-office. The prisoner had acted upon that
arrangement. Ia October last witness had a client named
Brewin, from whom the prisoner received two guineas,
which he did not account for to witness.
Cross examined by Mr. ADOLPHUS-It was true that on the
18th June, 1837, witness expressly desired the prisoner not
to meddle with any of the monies of the firm, and took the
petty cash-book from him. The firm consisted nominally of
four persons, but, in fact, witness was the only one who con-
ducted the business, or derived any of the profits. Mr Sher-
wood never was a partner ; his name was added to the firm
fur the purpose of bringing in his son. Mr. Sherwood some-
times took money when witness was out. Mr. Sherwood's
son was articled to witness, and attended to the Chancery de-
partment, in which the prisoner was always employed. Some-
times they had about two hundred suits in the Court of Chan-
eery in the course of the year, many of the papers in which
were destroyed by the fire in the Temple. The prisoner
was arrested in January or February in the present year,
upon which he wrote to the clerks in the office, begging them
to ask witness for money to get him out. Witness would not
send him any, but dismissed him his service. The prisoner
then requested a private interview with witness, which he re-
fused, observing that he had forgiven him twice, and he would
not do so again. The prisoner then sent his brother to inquire
of witness if he would see an attorney on his behalf. A Mr.
Westmacott called upon him wishing to know what charge he
had against the prisoner. Witness said he had embezzled
money. Witness did not go before a magistrate, but preferred
a bill against him before the Grand Jury. That bill was not
the one they were now trying. The prisoner never offered to
go before a magistrate and explain all. Witness had brought
the present prosecution, because Mr. Westmacott, the friend
of the prisoner, said he was bound to do so. An offer was
made to refer the matter to any professional gentleman, and
security was offered for any sum that might be found due from
the prisoner. Witness refused to enter into any such ar-
rangement. Had never sent a clerk of the name of Edwards
to the prisoner, requesting him to leave his then employer Mr.
Smith and enter his service. The prisoner never had leave
from witness to practice in witness's name. There were four
articled clerks in his office, two were with Mr. Sherwood and
two with himself. Witness had received 200 guineas for one
clerk who was articled to Mr. Sherwood. Did not see Mrs.
Brewin till after he had discharged the prisoner Shaw. Wit-
ness went to her at her house at Hackney in consequence
of discovering that Mr. Anderson's fees in her case had not
been paid. Before that gentleman's account of fees came in,
witness did not know that he had a client of the name of
Brewin. Witness did not know, of his own knowledge that
Mrs. Brewin was his client. Witness had applied, about two
years ago, to Bow-street for a warrant against a clerk of his
named Birch, which was refused. Witness had told Mr.
Westmacott that there was an account in his books under the
name of Shaw, but he never said he had allowed Shaw to
practice in his name. Had told Mr. Westmacott he had al-
lowed Shaw to introduce one or two matters into his office,
but he was not to receive the profits. Witness had never said
that he would have the prisoner in Newgate, but had expressed
his determination to prosecute. Had had the opinion of the
Attorney-General and Mr. Bodkin, who stated that he was
bound to prosecute. Witness had endeavoured to take the
prisoner before the Grand Jury, but he refused to go : at first
he said he would go, and then be said he would bed—d if
he would. Witness then caused the prisoner to be appre-
hended at his own lodgings. Upon asking the constable who
took the prisoner into custody what he said, the constable was
about to answer, when, seeing that Mr. Sherwood was taking
it down, he refused to say anything. Witness was served with
a writ by the prisoner for 1,6001., alleged to be due from wit-
ness to him, and also with an action for slander, in which the
damages were laid at 1,0001. This took place the day after
witness said he would prosecute.
Re-examined by Mr. BODKIN-In the presence of Mr.
Bunce and Mr. Sherwood, witness stated to Mr. Westma-
cott that the prisoner, during his illness in 1835 and 1836.
had embezzled 6261., and that upon his being charged with it
he admitted it, and stated that if he would forgive him he
would devote his whole life to him, and would serve him four
years for nothing. Upon hearing this Mr. Westmacott said,
if it was true the witness ought to prosecute. Went before
the Grand Jury in April last, in consequence of the advice of
Counsel. Witness gave notice to the prisoner's attorney of
the nature of the indictment against him, and the number of
witnesses he intended to produce.
Mrs. Frances Brewin was introducedlby Mrs. Cooperthwaite
to the office of Mr. Vincent. Saw there the prisoner at the
bar. Desired to see Mr. Vincent, upon which Shaw asked
if lie could do the business she required, to which witness re-
plied that he could. After the business had been transacted
Shaw presented her bill, which she paid in two sovorcigns and
two shillings.
Cross-examined by Mr. CLARKSON-Knew nothing of
Mr. Vincent until he called upon her about Shaw's
business. Mr. Sherwood accompanied • Mr. Vincent to
her house about two months ago. Never told Shaw that
she wanted somebody to do the business cheap. Told him
that she had been ill used. Did not ask for Shaw the first
time she called upon Mr. Vincent.
Re-examined by Mr. Puteerts—Told Mr. Vincent that
Shaw had given her a Bill, and that sha bad paid him two
guineas.
William Hugh Jones, the clerk of Mr. Anderson, the
Chancery barrister, proved that the fee of one guinea to that
gentleman in Mrs. Brewin's case, which was charged to
Messrs. Blackstock and Co., had not been paid.
Cross-examined by Mr. ADOLPHUS-Was quite certain he
had never recognised Mr. Shaw in any respect as a client.
Mr. Vincent recalled, and examined by Mr. Justice Bosan-
quet—Did not owe Shaw any salary, in fact he had overpaid
him ;as the receipts would prove. There had never been any
settlement between witness and Shaw with respect to his
salary. He had never given him a receipt for salary up to
any particular date.
This was the case for the prosecution.
Mr. ADOLPH US submitted that there was no case to go to the
Jury, inasmuch as the money had not been reduced into that
species of possession which the law required to constitute em-
bezzlement or larceny.
Mr. PHILLIPS submitted that Shaw, having been a clerk,
came under the provisions of the Statute.
Mr. Justice BOSANQUET thought the better course to adopt
was to let the case go to the Jury.
Mr. ADOLPHUS then addressed the Jury on behalf of the
prisoner. He thought that twelve Englishmen, after due con.
sideration of the case which had been laid before them, would
he of opinion that the unfortunate young man at the Bar was
not guilty of the charges made against him, but that his ruin,
and that alone, was the object of the present prosecution.
Several respectable witnesses gave the prisoner an excel-
tint character for honesty. _

Mr. Just'ce BOSANQUET summed up at some length; and
the Jury, after a consultation of upwards of three quarters of
an hour, acquitted the prisoner.

THE DORCHESTER LABOURERS —We have riot
till now found time and space to notice—to insert at length is
impossible—an address which the Dorchester Committee have
prepared to the working classes, on the object they were ap-
pointed to carry into execution. They state " that George
Loveless, James Loveless, ana James Brine have, as agreed
upon by the men themselves, been placed upon a farm at
Ongar, in Essex, with every prospect of being enabled, by
labour and perseverance, to obtain a comfortable subsistence,
subject only to certain conditions which the Committee thought
it necessary to impose, until they have been enabled to provide
for the remainder of their brethren. The Committee arc also
in treaty for another farm of forty acres, fur the two Stand-
fields, which will probably be settled in a few days. To aid
in the fulfilment of which we make an appeal to the working
classes. With respect to Mrs. Hammett, the wife of our
sixth brother not returned, it is her earnest request that
she may be allowed to remain at Tolpuddle with her friends :
should her husband not return by the time the Committee
close their business—the necessary steps will be taken to
settle his share of the subscriptions upon herself and
child. The Committee, however, add that the penny sub-
scription Iris not yielded as yet more than 1001. ; and they
call u; on their friends who hold subscription books or p7pers
to use the most strenuous exertions, and to forward them as
soon as possible. They are to continue their sittings until
the 26th of September next, at which period the subscriptions
will finally close, and the receipts and expenditure from the
commencement will be published. In conclusion, the Com-
mittee earnestly call on their fellow men to follow up the re.
solutions unanimously agreed upon at the Public Nlecting, in
order that they may not be compelled to relinquish that
which is almost within their grasp. Do not for the sake of a
little exertion mar all the fruits likely to accrue from your
previous struggle. If you do not thus speedily exert your-
selves to raise the sum asked for on the subscription list, the
money in hand, insufficient to accomplish the object intended,
will serve merely for a temporary relief, and your brethren
will ultimately be compelled to return to their former occupa-
tion--the mere slaves of the landowners—the laughing-stock
of the minions of pride and corruption; and the cup of vic-
tory, which is now within reach, will be exultingly dashed
from our lips."
UNIONISTS—PRICE OF BREAD.—III consequence
of the high price of bread, a " Union" of the labourers has
been formed at Spetisbury, near 131andford, and their numbers
are spoken of as augmenting daily.— Wilts Herald,