Star.
London, England, 1828-12-20 00:00:00

WINTER ASSIZES.

MAIIDSTONR, DECEMBER 19.
• Before Mr. Justice BURROBON.
TRIAL OF MR. THOMAS AUSTIN, Till !Ant DIPUTT-
TRIAstIRER OF ORERNWICH HOSPITAL.
This trial was appointed for nine o'clock precisely,
but some time previous to that hour, from the interest
it excited, the Court, which is en uncommonly spacious
one, began to fill, and by the time the Judge had taken
his seat it was crowded in every part.
Tne prisoner, Thomas Austin, was then placed at tree
bar, and' arraigned on an indictment which charged,
that on the 15th of October, 1827, at Greenwich. he
then being employed as a clerk, or see rant, to Sir Thos
Bolton Th.'mpson, Ban. to air, holding die office of
Deputy-Treasurer of Greenwich Hospital, did embezzle
the sum of 1,0001. which he had received by .virtue 01
the office he held under the said master and.employer.
In a second count he was charged with embezzling
further sum of 2,0001. on the 16th of November.
And in a third count he was charged with embezzling.
a fur Cher sum of 2501. on the 14th of December.
The misoner Pleaded " Not Guilty."-
Mr. BOLLAND stated the case to the Jury. It was
quite unnecessary be should call the attention of the
Jury to the case, which was one affecting the interests
of the country, as well as the prisoner at the bar. He
should briefly' det ail the facts ; for it was nit the wish of
those who sent him that he should state any thing in
aggravation of them. The Learned Counsel then pro-
ceeded to detail the facts, as afterwards proved b.y the
following witnesses:
John Dyer, Esq.—ls now first cle of the Admi-
ralty. but was formerly Secretary of G wichHospital.
Sir Thomas Bolton Thompson was Treasurer of that
Instlletion, and appointed Mr. Austin his deputy. Wit.
ness was an attesting party to the poirer of attorney
conferring the appointment. fsli, Austin, Pt eviou's to his
appointment as Deputy Treasurer, was a clerk at the
Treasurer's Office. .
Mr. W. Knowlden—ls .a clerk in the Treasury De-
partment of the Hospital. Mr. Austin
.was Deputy-
Treasurer and also Chief Clerk of the Treasury. It was
his duty to tender a monthly
.account of the receipts
and disbursements of the Hospital. His salary, as Chief
Clerk, was 5001 per annum, besides which he was a
clerk of the prizes, for which he receiverl2oo/. a-year
more. The monthly accounts wete then put in. The
accounts were tendered to a Board of Directors and
Governors, sitting sometimes at .the. Admiralty, and
sometimes at Greenwich. Hospital.
Mr. BRODRICK saicthe should now pot in the acccunts
for those months on which the embezxlements had taken
plate. •
Thnaccounts for October, November, and December,
1827, wete accordingly severally put in, and also the
general account from the ht of. Januar.), to the 31st of
March, 1828.
Witness—Mr.*Austin continued to hold his appoint-
ments till June, 1828, but he rendered nogeneral ac-
count after March in that year. All the hems in the
monthly accounts ought to appear in the general ac-
'cowl: Witness produces the rough drafts from which
the acccults of October, and November, and Decem-
'ler, 1827, were made up. Those of November and
:December art in the handwriting of Mr. Austin. That
, rof October is merely endorsed by M. Austin.
-By the JUDOS -Where awe these accounts found?
Witnessl don't know.
Crosi examined—Has been clerk in the Treasures':
cake 24 .Yeits. The Treasurer appoints, his Deputy'',
and the Board of D.rectors confirm the appointment.--
In ;oint of fact it would be no appointment at all if the
Ilhard of Directors refute to confirm it. Mr. Austin
could receive no money as clerk, but only in his cap.:-
city t f Deputy Treasurer. It was Mr. Austin's duty to
pay the amount Ire received into the Bank of England
to the account there standing in the name of the Tifilt
wirer; with the' exception of such money as might be
requited for current disbursement,. The money thus
required was kept in a strong room. called the chest.—
The demands on the chest are innumerable.
It, theJocars—The Treasurer seldom acts; in fact
Witness never knew of one acting ;,,the treasurer has
apktments allotted him in the Hospital, but he seldom
occupies them; he is generally a person who has field
high naval appointments; in fact witness had known
the office to be held by a person actually abroad on
foreign service. The Deputy,T, easurer hasapartments
found him; distinct Irons those allotted to the Treasurer.
By Mr. Au LPHUS—The Treasurer gives security to
the Hospital, and the Deputy to the Treasurer; Mr.
Austin ceased to be Deputy Treasurer on the 31st of
May; after he had been dismissed lie came backward
-Ind forward, and assisted in balancing and explaining
accounts.
Re examined by Mr. BOLLAND—The prisoner came
Packward arid forward to, rectify errors discovered in
his accounts; errors were detected on the day after the
afenuati were delivered to the new Deputy Treasurer,
Ir~r. Paine; these errors were examined into in the pre-
aeness ef Mr. Austinr "•Who paid the money repired to
moty them; other views were afterwards discovered,
-on *Milt Mr. Austin paid,. fusilier sum of money; a
third set of errors was discovered, bur Mr. Austin paid
no•money on account cf them; shortly.
.after this dis-
bossily Mr. Au tinieft the neighbourhood ; the checks
wife signed by Mr. Austin, as Deputy Treasurer, by pro!
-curation d the Treasurer of the Hospital.
. Re-examined by Mr. ADOLPHUS—Lb did not know
they mi,takes had been discovered in the accounts of
other of the hospital officers; he believed cone stele
slit:coveted; someof the mistakes were in favour of Mr.
Austin, to the amount of some thousands of pounds.
Doting the seventeen years Mi. Austin held the appoint-
Inent• hum 10,000,0001. to 11,000,0001. of money passed
through his hands, the balance of aliich sum was con-
stantly carried forward in the general occur,' t.. Mr.
Austin was a begligettr and unskilful accountant.
Again exanskied.by Mr. BRODNICK—The mistakes
to the disadtatleage of Mr. Austin were to the amount
of 6 0101
Mr. Bou.atro7—What was the mourn of the et rots
on the other side ?
Mr. ADOLPHUS objected to the question as only cal-
culated to mita in :general prejudice. It had no . re-
ference to theithmearot embezzlement in the indictment,
which wittaciac.
Mr. L followed on the same side.
Messrs. LLAND and Buomuci contended they had
tight to put the question, as it arose our of the eta-
mination of opposite Counsel, and had f r its object the
showing on which side the error really stood; for if it
should appear the amount again.t Mr. Austin was
greater than that for him, in point of fact, there would
have been no error on the balance of accounts to the
prejudice of Mr. Austin.
Irhe question was finally got rid of by its being elt
cued that the witness bad only partially examined the
yteocrunts, and eoasequently could have no strictly legal
knowledge of thebalance•either way,
• ..Edward Lockhart. Seq. Is Secretary of Greenwich
Hospital, and has held the appointment since December,