The Sun.
London, England, 1858-12-04 00:00:00

they would come and look in at the door and then
go away, He had seen the plaintiff take money
out of the till and put it into his pocket. He did
not put any money into the till in lieu of it. Wit-
ness used to fetch him luncheons nearly every
morning. The plaintiff got the money out of the
till. Sometimes he took it out of his pocket. Wit-
ness had seen the plaintiff make up small parcels of
cigars and put them into a drawer. He used to put
them into his pocket at night. This occurred some-
times twice a week. Persons would come outside
the shop and whistle, and then plaintiff would give
them a parcel and say, " Be off as quick as you can."
This occurred very often, but it did not happen
after the defendant went to reside on the premises.
Witness had seen plaintiff weigh half-a-pound of
snuff, do it up, and put it into his pocket. The
parcel witness took to the Parcels' Company's re-
ceiving-house in St. Paul's-churchyard looked like
alO lb. parcel of tobacco. Witness had missed a
10 lb. parcel of tobacco, and said to the plaintiff,
" The tobacco has gone very quick this week."
Plaintiff said, " Yes." Witness told his father
what he had seen, and by his direction told the de-
fendant. One evening witness saw plaintiff put
up two parcels of cigars, about six dozen. He put
them into a drawer, and at night into his pocket.
On Monday morning, when the plaintiff's brother
came, he said, " Go up stairs and see if there is
anything to be done in the house." Witness went
and came back again by way of the private en-
trance in at the shop-door. As he went in he
heard plaintiff say to his brother, " I got off nicely
last Wednesday night with five dozen and nine."
Mr. Mayhew stated at length what had occurred
when he saw the plaintiff. Among other things he
asked what the parcel sent by the Delivery Com-
pany contained ? Plaintiff said, " 11b. of tea."
Witness said, " How can that be, when you paid 6d,
with it." Plaintiff said he had forgotten that there
was also a coat. Witness asked him how he came
to senditto St. Paul's-churchyard, when the defend-
ant's own shop was a parcels receiving-house for the
company. Plaintiff said all the parcels had left the
shop, and he was desirous that his wife should have
the parcel by a certain time. Witness reminded him
that the parcels had not then left the defendant's
shop. Afterwards the plaintiff said, " It is quite evi-
dent after these suspicion Mr. Phillips and myself
cannot remain together, and I had better go." Wit-
ness told him defendant was determined to prosecute
him, and had sent for a detective officer to give him
in charge. Witness interceded at the plaintiff's
request and at witness's intercession the defendant
agreed to let the plaintiff go. The plaintiff then
asked if he would give him a character. Witness
said he could not ask the defendant to do so.

His lordship, in summing up, impressed upon
the jury that the case before them was one of con-
siderable importance, and was well worthy of their
serious consideration. His lordship then detailed
the circumstances of the case, and left it to the jury
to consider first, whether they were of opinion that
the plaintiff had dismissed himself ; and if not,
secondly, whether the plaintiff had been guilty of
acts of dishonesty that justified the defendant in
dismissing him.
The jury found that the plaintiff had not dis-
missed himself, and they stated that they did
not place reliance on the boy's statement.
A verdict was accordingly entered for the plain-
tiff for £2O 16s. 6d., but leave was given to the de-
fendant to move the full court upon certain ques-
tions of law.