The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-10-17
LEGAL MATTHIAS.

RrcErvrna SroLRN GooDs.- BENJAMIN
Cooper, the keeper Of grocery corusr Of 22d and
Main streets, made his appearances before Alder.
ceivlns one box Of cigars two bottles Of DAB
semitic and one bottle OF Qnraccos knoeing the
sauna to have been stolen from Andrew Muller
Mr.. Jacob 8 Myers tssiifed that at he requ<f of
Mr.. Muller, be called At the prisoners house lsst
good cigns Cooper went into the back room,
opened trunk and brought him three. He knew
the cigars but to be more positive, complained that
one of them was rough, and asked TO be allowed to
pick another from the box. Cooper then took the
box from the trunk, and on examination he recog-
Missed his private mark upon II. He then asked
Cooper where he got them from. and c. answered
~ brought them from New York After lighting
one, he walked out leisurely, and informed Muller
of what he had seen. Muller then procured search
warrant, and when getting to the prisoners house.
Lieut.. Trueheart askedif his name was not John
Wort, to which enquiry the prisoner answered sfhr
matively. On search being made, one box of eli
gsrs was found concealed in trunk-the liquids
were on the mantle piece. Cooper stated that they
had been given to him by Joseph Bradley.
Joseph Bradley, the bar keeper, charged with
stealing the goods, was ne xt examined and stated
that he gave them to Cooper, present, but that
he intended to pay his empl yer for them ont of his
wages, which were due yesterday. He said that
Mr. Muller owed him Sll, and that he had q right
to give away the goods under his charge If he paid
for them
Mr. Farrar decided that Cooper had been guilty
of no criminal offence, he having proved that he
came by the articles honestly, and therefore dis
charged him, at the same time delivering TO him
the articles identified by Mr. Muller AZ having been
stolen from HIM
The law books make it larceny for clerk EN-.
ployed by mercantile firm a saleman, and in
that capacity having full control over the goods in
the store room, to abstract portion of them
Whether the case disposed of will come under that
head not, shall not undertake to say. but it
seems to US that the appropriation OF Muller's
goods done with an improper intent, and should
have otherwise been disposed Of
ErEKING AN EmPLoYER.-A young man
named Joseph Bradley, in the employ OF Andrew
Muller, keeper OF restaurant. opposite Metropoli-
tan Hall, was arraigned before Alderman Farrar,
es of cigars two bottles Of DAbsinthe, and one bot
lie of Quracco valued at $12 So the goods and chat.
tells of the said Andrew Muller within the past ten
days.
The evidence in this cause, as elected from Mr..
Muller, was as follows: On Sunday morning last
he noticed one of his servants pass behind the
counter and help himself to handful of cigars, no.
ticing which, Mr. M. took him to task and gave him
a chastisement. The boy then stated that he knew
where the cigars and liquors, missing from the bar,
had gone, and, at the request of Mr. Muller showed
him the house to which they had been taken at the
corner of 22d and Main streets Mr.. Muller next
sought Mr.. Jacob S. Myers, of Philadelphia, the
gentleman from whom be purchased the cigars, and
got him to call at Benjamin Cooper's house, and
ascertain whether or not the stolen goods were
| there. Mr.. Myers did requested, and ascer-
tanning that the cigars were there, informed Mr..
Muller of the fact who obtained search warrant,
and by the assistance of Lieut.. Trueheart, recov-
cred box of the cigars and three bottles of the
| liquids.
Mr.. Muller further stated, that he missed box of
the cigars on Thursday last, and questioned Brad
ley about it, but he denied any knowledge of the
box or it's contents He had never given the pris-
oner authority to dispose of cigars by the box or
liquids by the bottle and had never been accounted
to for them.
At the conclusion of the evidence, Mr.. Farrar
dismissed the warrant on the ground that the pris
oner was in the employ of Mr.. Muller-had charge
of the goods-and therefore had right to sell or
give them away and charge himself with their val
ue-Mr. Muller having admitted in the examination
that he would have allowed B. to take the articles
and pay for them out of his wages if his consent
had been asked. fthis principle is correct one,
then every clerk in the city can dispose of the
goods ofhis employer as he peases, and when de.
ded to pay for them out of his wages