494. JEREMIAH EMBLIN proceedingsdefend was indicted for that he, on the 6th of May , being employed as clerk to John Benbow proceedingsvictim , gentleman, did, by virtue of such employment, take and receive into his possession, for, and on account of his said master, a banker's draft for the payment of 2091. 11s. and that he did afterwards embezzle, secrete, and make away with the said draft, and the Jurors say, he did thereby steal, take and carry away the said draft , being the property of the said John Benbow.

Second Count. For feloniously stealing four Banknotes, value 200l. the property of the said John Benbow.(The case was opened by Mr. Gurney.)

JOHN BENBOW sworn. - Examined by Mr. Gurney. Q. < no role > You are an attorney ? - A. I am, I have chambers in Lincoln's-inn , the prisoner was my clerk, he came into my service on the 14th of last March; on the 6th of May, early in the morning, a draft was presented at my chambers for 209l. 11s. I came to the chambers very soon after nine in the morning, and about half-past nine, I drew< no role > a draft upon Messrs. Gosling, for 209l. 11s. to pay the draft; I put the draft upon the desk before the prisoner, desiring him to go at four o'clock, and not before, to Messrs. Gosling and Sharpe's, to take the money and carry it to Esdailes' to take up the draft that had been presented at my chambers; I then went to the House of Commons, and returned between five and six in the afternoon; the prisoner was not at the chambers, nor ever returned after.

Q. Is that the draft you drew upon Goslings and Sharpe's? - A. < no role > It is.

Q. < no role > Had you sent the prisoner with drafts to your banker's before this? - A. Yes, to a small amount. I did not see the prisoner again till I saw him at Bow-street, on the 3d of June, in custody; his dress was then totally changed, and his hair cut off, which made a very material difference in his appearance.

Prisoner. Q. You have said, you intrusted me with drafts for small sums - did you not send me into the city to receive a bill for 250l.? - A. The question put to me was, as to sending him to my bankers; I certainly did send him into the city, with a draft of 250l. which he brought me back, and another time with 160 or 170l. that I think was two days before this happened.

WILLIAM EWINGS sworn. - Examined by Mr. Gurney. Q. You are cashier to Goslings and Sharpe? - A. Yes.

Q. On the 6th of June, did you pay a check of Mr. Benbow's of 209l. 11s.? - A. I did; I gave the prisoner four 50l. Bank-notes, No. 51, 9410, 6304, and 1644.

Q. < no role > Do you know at what hour you paid that draft? - A. I think it was between the hours of ten and twelve in the forenoon.

Cross-examined by the Prisoner. Q. Did you not say before the Magistrate, that you could not swear to my person? - A. I said, he was so disguised, that I was not certain.

Q. < no role > Did you not say, you had no knowledge of the person whatever? - A. I said, I could not swear to him.

Mr. Gurney. Q. I believe you had known him while he was clerk to Mr. Benbow? - A. I had frequently seen him.

Q. When you saw him at Bow-street, was he so altered, that you had some difficulty in knowing him? - A. Yes. (The check produced.)

BENJAMIN DAVIS sworn. - Examined by Mr. Gurney. I am clerk in the Bank of England; on the 6th of May, the prisoner came to the Bank of England to change four 50l. notes, he desired to have 10 tens, and 20 fives; I received from him, 4 fifties, (produces them;) No. 9410, 6304, 1644, and 51; the notes that were given to the prisoner were posted by me, and delivered to him by my partner, Mr. Sutton; Mr. Sutton took the four 50l. notes to another desk, and desired him to write his name; he indorsed them the 6th of May, J. Emblin, Lincoln's-inn.(The hand-writing indorsed upon the note, was proved to be the hand-writing of the prisoner, by Mr. Benbow.)

Court. (To Mr. Benbow.) Q. When you gave him this order, did you desire him to change any notes at the Bank? - A. I did not.

Q. < no role > Did you give him three notes, each for 10l. No. 8632, 8633, and 8634? - A. I did.

WILLIAM ATKINS < no role > sworn. - Examined by Mr. Gurney. Q. I believe you are an officer of Bow-street? - A. I am; I went to Bath to apprehend the prisoner; I apprehended him on the 1st of June, a few minutes before nine in the evening; I searched him, and found upon him two Banknotes, one of 10l. No. 8634, and one for 5l. No. 8717.

Q. < no role > (To Davis.) Was that one of the numbers that was given him? - A. Yes.

Atkins. He told me the next morning where his lodgings were; I went there, and found thirteen guineas, twenty half-guineas and sixteen seven-shilling pieces; he told me he had got the guineas, half-guineas, and seven-shilling pieces in change for the notes he had received from the bankers, or Bank, I am not sure which; he said, he was always afraid of carrying them about him, except of an evening when he employed girls of the town to get them changed.

Q. Did you receive from him any directions respecting any box in London? - A. I did, at Bow-street; in consequence of which, I went to Southampton, and got the box; I found in it two 10l. Bank-notes, No. 8632, and 8633, and also two 5l. Bank-notes, No. 8720, and 8725.

Prisoner. Q. Have you not detained from me my box, and a gold watch? - A. Yes; Mr. Benbow has the watch which I found upon his person; I asked him if he had bought that watch, he told me he had, but refused to tell me where; Mr. Ford desired me to keep it, and deliver it to Mr. Benbow.

Q. Have you received a reward for apprehending me? - A. I have not.

Q. < no role > Do you expect a reward? - A. There was a reward offered certainly.

JOHN-CROSSLEY COGAN sworn. - Examined by Mr. Gurney. Q. < no role > Did you, by the desire of Mr. Benbow, go to Messrs. Efdailes'? - A. Yes, on the morning of the 7th of May, where I found a draft for payment upon Mr. Benbow, for 209l. 11s. which I took up for Mr. Benbow.

Q. < no role > (To Mr. Benbow.) Is this the bill which Mr. Cogan took up for you at Efdailes'? - A. It is.

Prisoner. Before I make my defence, I submit to your Lordship, that the prosecutor being an attorney, my case comes within the description of a breach of trust; the act expresses merchants, bankers and tradesmen, and Mr. Benbow cannot be considered either as a tradesman, a banker, or a merchant.

Mr. Gurney. The act says, bankers, merchants, and others.

Prisoner's defence. I must throw myself on the mercy of the Court.

GUILTY , aged 42.

Transported for fourteen years .

London Jury, before Mr. Recorder.