John Haynes

341

Maureen Withey on 15th January 2026

Tried at the Old Bailey, 28 Nov 1833. 36. JOHN HAYNES was indicted for embezzlement . MR. PHILLIPS conducted the prosecution. BENJAMIN EVANS . I am second waiter to Mr. Taylor, I attend his lower coffee-room, in Titchbourn-street ; the prisoner was waiter to his up-stairs coffee-room; it was my duty to account to the prisoner for what money I received, twice every day - on the 28th of October, I gave him some money with this paper, with 1l. 4s. 0d. in silver and copper - it was the custom to give him a paper of this kind when I gave him any money - this paper I gave him on the 29th of October, with 1l. 11s. 0d. - and this paper on the 30th of October, with 1l. 7s. 9d. - these are all in my hand-writing - on the 31st of October, the prisoner went out soon after six o'clock in the morning and did not return till he was brought by the officer. Cross-examined by MR. WHALESBY. Q. It was your duty to give the money you received from customers to the head waiter? A. Yes; I had to account to him twice a day - I understood he had the tradesmen to pay, but I had no particular knowledge of his duty - I made these memorandums a little before I gave him the money, then I counted the money in a saucer and delivered it to the prisoner - Mr. Taylor showed me these papers again on the night following, and said he was very happy that he had left the papers behind him - the dates on these papers were not written at the time I wrote the sums of money - they were written the evening the prisoner absconded - I saw him walk out of the house with a box on his shoulder and a trunk in his hand - I did not think there was anything suspicious in his going out - I used the word absconded because I heard the officer use it - I never gave money to my master, but settled with the prisoner - I never was in a coffee shop before; I had lived there three months - I had before been with Mr. Egan, in Blackfriars-road, as light porter - I believe there was at Mr. Taylor's a box called the waiter's-box with a hole in the top - I do not know what was the use of it but I had seen it in the bar, belonging to the room up-stairs - I do not know whether it was locked. MR. PHILLIPS. Q. You have used the term absconded did you expect him to return? A. Yes; he did not give me, or any one in the house the slightest intimation that he was going to High-Wycomb. WILLIAM TAYLOR. The prisoner was in my service; he gave me no notice that he was about to leave me - he was with me for three or four years - he never accounted to me for either of the sums mentioned by the last witness, which it was his duty to have done - I heard he had left on the 31st of October - I went to Titchbourn-street - I did not find the key in the till - I broke it open and found 2l. 0s. 6d. in silver, and 5s. 6 1/2d. in copper - my daughter had presided there - she was just turned seventeen years of age - I found she had also left - in consequence of information, I went on the 1st of November, to High-Wycomb; I found the prisoner there and my daughter - the prisoner is married and has four children - I collared him when I found him in a public-house, and made use perhaps of improper words, I said, "You d-d infernal villain where is the money you have robbed me of" - he said, "I have none of your money; I left it all in the till" - I said No you have not I am positive - he quickly replied, "You cannot swear that;" I gave him in charge, and brought my daughter to town with me - these memoranda were in a cup on a shelf, where the prisoner generally kept his papers. Cross-examined. Q. He had been three or four years in your service? A. Yes; I knew him when he was in business for himself; he had been unfortunate, and applied to me, and I employed him - there was nothing to prevent him from taking these papers away; the till was in the counter, and could be taken out if it was unlocked - there is a box called the waiter's box; it was used for him to put his pence or perquisites in; he might put other things in, but not to my knowledge - that stood on the shelf close by where I found these papers - I had the prisoner and Evans, and two female servants in my employ - the prisoner had so much control of the other waiter, that if he had misconducted himself he would have complained of him to me - the prisoner had my place when I was out, but he had not to pay bills unless I gave orders; if the postman came he might have paid him; I left money for the newsman - on the Monday before this, I left 7l. with the prisoner, which he appropriated properly by paying 6l. 16s. 4d. out of it as I had directed him - I left money for the rent; he had paid 74l. about a month previous to this; and if it had been ten times that sum I should have left it with him - I could not have ascertained so correctly what money had been in the till had it not been for these papers, but I keep a cheque and could have told nearly what was deficient; the prisoner generally settled with me every night, but it was never longer than a week; I should always settle with him on the Sunday morning, though I might have received money of him three or four times in the week; there was no writing at the time of our settlement but what I chose to make in my own book; he paid for the muffins out of the money which he took, but on no occasion made any advances; they were not more than 1s. or 1s. 6d. a day; he made no advance to me - I may on two or three occasions, when I have been going out, have said to him, "Let me have two or three shillings, to save my going up stairs," which he has done, and put it down, and deducted it in his account the next day - the key of the till was found after I broke it open; I think my servant gave it me the next morning, the 1st of November - if she had the key she could certainly open the till - I do not know where the prisoner usually kept that key; I believe he sometimes put it in his box - I was never violent in my temper towards my daughter; I have expressed myself in violent terms to several persons since I have discovered this unhappy affair; I have not in her presence expressed myself so as to excite apprehension in her mind - I did not discover it till the 31st of October, when the prisoner and she absconded; I had not suspected it before - my daughter is not here to-day - she was with the prisoner when I found him at High Wycomb; I do not know whether she made any remark; if she did, I was too much agitated to hear it - I have never expressed to any one, my determination to be revenged on the prisoner for the wrong done to my daughter. Q. Now, recollect Mr. Taylor; have you never said you would prosecute him for this wrong to your daughter, even if it cost you your life? A. I certainly should do so; I do not know that I used those words, but no doubt they imply my meaning, in answer to an observation about being lenient to the parties. MR. PHILLIPS. Q. Had you your daughter educated at school? A. Yes; she had returned from school seven months ago, three weeks before her mother died; she had been at school thirteen or fourteen years - I never used harsh language towards her - I have expressed myself angrily towards the prisoner since I discovered this, but not towards my daughter. ELIZABETH BUNDOCK . I am in the prosecutor's service - I did not see the prisoner leave, but I heard about seven o'clock in the morning of the 31st of October, that he had gone - I wrote to my master and he came in the evening - no one had access to the till before my master came; it was locked; I saw him break it open - I afterwards found the key in the waiter's box on the shelf up stairs; and when my master came I gave it him - I saw the prisoner on the evening before the 31st, in the bar up stairs - I saw him take 3l. in silver from the till; he said to the other servant, who was then up stairs, "I want you to fetch me two pennyworth of rum, and take this 3l. in silver, and bring me three sovereigns for it - and if you meet your master, say you are going for some rum, but do not say you are going for change" - I saw the girl return; she gave the prisoner the three sovereigns; he sounded them on the counter, put them into his purse, and put them into his pocket; that was from eight to nine o'clock. Cross-examined. Q. What are you? A. Kitchenmaid; I am engaged up stairs, to assist the head-waiter in anything he wishes - the waiter's-box, in which I found the key, was not locked; the key was not concealed - I don't know whether it was usually kept there - when the prisoner went away, I took the place, and when the shop was shut, at night, I went to the box, from curiosity, to see how much I had had given me, and there I found the key; I had always before seen the prisoner lock the till, and put the key into his pocket; the other girl is not here - I did not go to look for the key when my master asked me where it was - I found the key between eleven and twelve o'clock, at night - Miss Taylor lived in that house; I waited upon her; I had not noticed any thing particular in her appearance, before she went away; but I thought she was very lively in spirits the night before - I have lived there six months - I had seen the prisoner pay 1s. for muffins, or the like of that, but no more. THOMAS DREW . I am an inspector of the police - the prisoner was brought to the station-house between eight and nine o'clock at night; the officer who brought him said, he had searched him; I searched him again, and found on him four sovereigns, and a half, 1l. 18s. 6d. in silver, and 5d. in copper. Prisoner's Defence. I paid money to different tradespeople; and the prosecutor has vouchers to prove it; he did not leave me any 7l. at all - I laid out these sums in his business. WILLIAM TAYLOR. I left the 7l. on the Monday morning before, previous to my going to my other house in the City - I ordered him to pay the newsman his week's account; and to get 5l. worth of coke, and pay for it. GUILTY . Aged 32. - Transported for Seven Years . --------------------------------------------------------------- National Archives. Criminal Petitions. HO 17/84/28[1833 Dec] Prisoner name: John Haynes. Prisoner age: 32 years. Court and date of trial: Old Bailey, November 1833. Crime: Embezzlement, of £3 2s 0d from William Taylor (his employer). Initial sentence: Seven years transportation. Gaoler's report: 'Character unknown, decent connexions'. Annotated (Outcome): 'Nil'. Petitioner(s): John Haynes (the convict). Grounds for clemency (Petition Details): None given, he prays that he may be sent to Sydney (New South Wales). Additional Information: Ordered to Ganymede [convict hulk].