Devon Assizes: Embezzlement: William Cruse, 45, was charged with having embezzled certain monies, the property of his master, Mr. Pinsent, of Newton Abbot. Mr. Collier prosecuted, and Mr. Stone defended the prisoner. Mr. J. B. Pinsent is a wine and spirit merchant and coal dealer in Newton Abbot. In July 1851, he took off the coal business of Messrs. Templer, and the prisoner was taken into his services as clerk. [The agreement drawn up at the time between the prosecutor and the prisoner was produced containing the conditions respecting remuneration etc. but was objected to by Mr. Stone, on the grounds of it being unstamped. After hearing the case argued by the learned Counsel on both sides, his Lordship ruled the document should be received]. The prisoner lived at his coal yard and had been in his services from July, 1851 up to November of last year. At that time, the prisoner went through the Insolvent Debtors Court. He went to the prisoner whilst he was in prison and asked him about Couch’s account, amounting to £4 16s 9d; which he said was correct. Head’s account of £3 16s was then alluded to, and the prisoner said it was not paid. Witness then told him that he had received the receipt from Head that morning. The prisoner then said he must have forgotten it. No entry was made of the payment of these sums in the ledger. Cross-examined: Up to the end of November last he owed the prisoner £80 but he demanded £90. The prisoner remained with him until the end of November, and then left without receiving any notice. The following January the prisoner came to the witness’s counting house, and they examined the ledger together, when the witness observed that several accounts had been received and not entered, which the prisoner admitted. Re-examination: it was the prisoner’s custom to hand over money twice-a week. Witness had told the prisoner he was deficient £200. William Holmes is a clerk for the prosecutor. He called the prisoner’s attention to Head’s account between Mid-summer and Michaelmas, 1852, and he said it was not paid. The amount was £3 16s. Witness asked the reason it was not paid, and he said “Mr. Head would pay it at Michaelmas when he received his rent, – he is poor and always short of money”; Prisoner never paid over that sum or stated that he had received it. Some-time after Christmas, the prisoner’s attention was directed to Couch’s account, and asked if it was paid, and he replied “No, it was all right – it was not paid”. He never paid it or mentioned that he had received the account. Cross examined: After some accounts were discovered to have been paid to the prisoner, he pointed out others that he had received and not entered. According to the ordinary course the sums received would have appeared on the daybook. Mr. Head, painter and glazier of Newton, remembered buying four tons of coal from the prisoner in September 1851, and paying him the balance, £2 14s 11d on the 11th March 1852; prisoner having had some hanging paper from the witness, which was deducted in the account. Mr. Couch, innkeeper of Chudleigh, had been in the habit of buying coals from the prisoner. On the 17th March, 1852, he had 1 ton 5 cwt of coal, for which amount he paid to the prisoner himself on April 10th, 1852. Between May and August 1852, he had coals amounting to £3 11s 3d, which he paid to the prisoner himself on the 28th August of the same year and received a receipt, which he produced. The case for the prosecution being concluded: Mr. Stone addressed the Jury for the defence, suggesting that it was an accidental omission on the part of the prisoner, and not a deliberate intention to rob his master. His Lordship having summed up, the Jury returned a verdict of Not Guilty. His Lordship told the prisoner that he must think himself fortunate the Jury had taken a favourable view of the case for had he been convicted, he (the Judge) would certainly have sentenced him to transportation.
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901