Richard Hammett Drake

135

C H on 10th March 2024

Old Bailey Online RICHARD HAMMETT DRAKE. Theft; embezzlement. 25th November 1850. Text type Trial account Defendants RICHARD HAMMETT DRAKE Offences Theft > Embezzlement Session Date 25th November 1850 Reference Number t18501125-127 Verdicts Guilty Punishments Transportation 127. RICHARD HAMMETT DRAKE , embezzling 5l. and 80l.; the moneys of Abraham Wildey Robarts and others, his masters. MESSRS. BODKIN and HUDDLESTON conducted the Prosecution. EDGAR PITT NUNN . I am clerk to Messrs. Dixon, Brooks, and Co., bankers, of Chancery-lane. On 18th Oct., in consequence of instructions, I went to Robarts, Curtis, and Co.'s, and paid 5l. in the country office, to the credit of Stuckey and Co., of Wellington—I do not know how I paid it, or to whom—I received a receipt; I do not know whether it was from the person to whom I paid the money. HARRY BROWN . I am a clerk in the house of Coutts and Co., bankers. On 19th Oct. I paid 80l. on account of the Bristol bank, and fifteen guineas on account of the Cheltenham bank, into Robarts', between twelve and one o'clock—the receipt is signed "R. H. Drake"—I paid it in his department, but it does not follow that I should pay him the money—I cannot say whether I saw the prisoner—the notes comprising the 80l. were two 30l.-notes, Nos. 54792 and 54793; and one 20l., No. 73333—the 15l. consisted of a 5l. note, No. 19733; and 10l. 15s., in gold and silver—I took no account of the dates in this book—I received the 30l.-notes from Currie and Co., the 20l.-note from the town department of Robarts', and the 5l.-note from Willis, Percival, and Co. EDWARD RAILTON . I am clerk to Currie and Co, bankers, of Cornhill. On 18th Oct. I paid Messrs. Coutts's clerk two 30l.-notes, Nos. 54792 and 54793, dated 7th May—I entered them in this book(produced). ROBERT MORRISS . I am a clerk in Robarts' town office. On 19th Oct. I paid a clerk of Messrs. Coutta a 20l.-note, No. 73333, 6th June, 1850. Cross-examined by MR. DIGBY SEYMOUR. Q. Who keeps the book? A. I do; the entries are in my own writing. JOHN CLEAVER GARDNER . I am clerk to Robarts, Curtis, and Co. Abraham Wildey Robarts is the head partner; there are others—I am in the country department—the prisoner was cashier in that department—it was his duty to receive payments for country banks, and to sign checks for the amounts—I believe these checks of Courts' to be in his writing, and in two cases the filling up as well as the signature—this book (produced) has entries of mine—by looking at it I am able to say that I was there on 18th Oct.—I do not remember seeing a clerk from Dixon's that day—no one was receiving money in the country department that day but me and the prisoner—I received money from about twelve o'clock—if the prisoner received 5l. that day on account of Stuckey, Wellington bank, it would be his duty to place it in a drawer near me, with a ticket of the particulars on whose account it was received, and for what bank—money received is always placed in the same drawer—it would be my duty to enter from that drawer the particulars of the country transactions—I keep two books for convenience—I find no account of 18l. received for Stuckey's bank on 18th Oct., or at any time—the prisoner was on duty on 19th—if he received 80l. for the Bristol bank, and fifteen guineas for the Cheltenham bank, it would be his duty to place them in the drawer—I find here an account of the fifteen guineas received from Messrs. Coutts, on account of Mr. Southwood with the Cheltenham bank—here is the ticket I copied it from(produced)—it is in the prisoner's writing—I find no account of the 80l. paid in at the same time from the same house—no other person was doing anything as to the receipt of money in my department after twelve or one o'clock on 19th Oct.—we sometimes have a clerk from another department to assist after twelve o'clock, when I go to a different part of the house, but all the entries on the 19th are in my writing—we have an agreement balance every twenty-one days. Cross-examined. Q. How many clerks are there in that department? A. Eleven; every clerk who receives money, puts it into that drawer—it is open—the country office opens at nine, and I come in a few minutes before twelve—sums of money would be put into that drawer by the other clerks between nine and twelve—it then becomes my duty to enter the sums—I find them in the cash-book. MR. BODKIN. Q. Is the drawer part of any desk? A. It is in my desk—the prisoner sat next to me, and the drawer was between us, but nearer me than him—several, but not all, the clerks would have to go to it. CHARLES OVINGTON . I am a clerk in Robarts' house—the prisoner was there on 21st, but he has not returned since—the general agreement-day was the 22nd, when we should see whether the cash-books and ledgers agreed. Cross-examined. Q. You suspected nothing next day from his absence? A. No; he was ill the night before. CHARLES ELLS . I am a clerk in Robarts and Co.'s town office—I have a 30l.-note, No. 54792, dated 7th May, 1850, entered in this book—I changed it for the prisoner on 21st Oct., and gave him thirty sovereigns—he told me he wanted it for his cousin, and to put his cousin's initials to it—I knew his cousin and did so. Cross-examined. Q. Do you know when the prisoner's salary would be due? A. On 1st Oct.—I think it is nearly 150l. a year. RICHARD FRY . I keep the Grapes, Strand—I have had business transactions with the prisoner. On 21st Oct., between eight and half-past nine, he brought a 30l.-note to me to change—I had not sufficient in the house, and sent my servant Allen out for it—he returned with it, and I gave it to the prisoner. WILLIAM ALLEN . Mr. Fry gave me a 30l.-note to get changed—I took it to Messrs. Eve and Pythian, who gave it me, and I took it back. JOHN OVERY EVE . I am a grocer, of the Strand—Allen brought me this 30l.-note, 54793, 7th May, 1850—here is my writing on it—I changed it for him. WILLIAM BAKER . I am a tailor, of Clement's-lane, Lombard-street—I supply the prisoner with clothes. On the 21st Oct. he was in my debt—he called and bought an overcoat—he gave me this 20l.-note 73333, June 6, 1850, and told me to place it to his account—I wrote his name on it. JOHN FORRESTER . I took the prisoner into custody in James-street, Clerkenwell, on 31st Oct., at the house of a person named Brown—I do not know where the prisoner lives. Cross-examined. Q. You took him to the house of a friend of his? A. I understood so. (The checks were here read.) MR SEYMOUR submitted that as it was not the prisoner's duty to account for money, but only to place it in a drawer, no felony had been committed. The COURT overruled the objection. GUILTY . Aged 28.— Transported for Ten Years. (There were three other indictments against the prisoner.)

221

D Wong on 30th September 2012

Richard was 28 years old, a Clerk/Cashier for Robarts & Co. Transported for embezzeling £5 and £80 the moneys of Abraham Wildey Robarts and others, his Masters. Richard was single and protestant. 18/7/1853 TOL 30/7/1855: COF 1859: Married Mary McKeown at York. 1 child, Mary Mervyn at York 1865. 1875: Richard died aged 53.

4

shirley pritchard on 30th September 2012

In the 1859 census Richard is registered as a Tutor and Clerk in a Convict Establishment at York. He married Mary McKeown in York on July 31st 1859. They had two daughters.