George Joll

135

C H on 15th February 2024

Judges Reports on Convicts 1784-1827 Record ID jrc1135 Surname Joll Given names George Trial year 1826 Trial month 10 Trial day 26 Record summary Report of Thomas Denman on petitions on behalf of George Joll, clerk, convicted at the Old Bailey Sessions in October 1826 for the embezzlement in December 1825 of 22 10s from his employer William Cook Offence details the embezzlement in December 1825 of 22 10s from his employer William Cook Initial sentence 14 years transportation. Grounds for mercy the prisoner had an excellent record in positions of trust over many years; he had had no fraudulent intent; the business books were in confusion owing to the prosecutor's business practices. Judge's recommendation speaks against mercy. Additional information Evidence supplied by James Bailey, accountant. Also included is a letter from Newman Knowlys.

135

C H on 15th February 2024

Old Bailey Online GEORGE JOLL. Theft; embezzlement. 26th October 1826. Text type Trial account Defendants GEORGE JOLL Offences Theft > Embezzlement Session Date 26th October 1826 Reference Number t18261026-250 Verdicts Guilty Punishments Transportation 2041. GEORGE JOLL was indicted for embezzlement . Mr. BRODRICK conducted the prosecution. MR. WILLIAM COOK . I am in partnership with James Cook and James Gladstone - we are Manchester warehousemen , and live in Cheapside. The prisoner was our principal clerk , and had the entire charge of the cash - it is part of his duty to receive money on our account - he had been with us eight years, and was in our confidence; he left on the 19th of January, this year; I had desired a clerk to go and examined an account at Camberwell - the prisoner knew of that, and next morning absconded, leaving most of his things behind him; I have a shop distinct from the partnership concern, in Great Warner-street, Clerkenwell; the prisoner kept a daily cash-book (which I produce,) in which he should enter cash as he received it- here is an account we call the Warner-street account, to which he should have given credit for any money received from that shop; if he received a cheque, he should write our banker's name across it, and pay it in; if he received a cheque of 22l. 11s., he should enter it as a cheque on the credit side of this account; there is no such entry here; I have looked it over, and so has the clerk - from that time to the present there is no credit given for it; he balanced the daily cash-book every night - if credit had been given, it would have altered the balance. Cross-examined by MR. ADOLPHUS. Q. You had access to this book at the warehouse as well as at Warner-street? A. Yes - and to all the books, and, if I had suspected him, I might soon have discovered this; our accounts are sometimes 4000l. or 5000l. a day - it is not very possible that a small sum should be omitted - the prisoner was seldom sent out to collect - he generally went out on Mondays. Q. Has not this cheque been brought to account at some subsequent time? A. No - I swear that; he received this cheque eleven months ago. Q. And did not he carry a larger sum to your account that day? A. Yes - 30l., but not as an equivalent to this - we generally settled accounts with him daily; the accounts of this day and the next, are signed by me; my younger brother had paid this cheque at Warner-street. MR. BRODRICK. Q. From and examination of the books can you swear this cheque has never been brought to your account? A. I can. COURT. Q. Supposing he kept the cheque instead of sending it to the bankers', where would he keep it? A. In his cash-drawer in his desk; but it had no business to be kept, it should go to the bankers'. ELIZABETH HAWES . In January, 1825, my name was Cooke - I was then at the Warner-street shop; I received a cheque of 22l. 11s. from my brother George, who was then at that shop, and gave it to the prisoner - I told him there was a cheque from Warner-street; this was on Monday, the 24th of January, 1825. COURT. Q. How are you enabled to say it was the 24th of January? A. I made a memorandum in a small book, which I have here - (reads) - "24th of January, 1825, a cheque for 22l. 1ls. - E. Cooke;" which means, that I received it that day, and I always paid it the same day. Cross-examined. Q. Some of these items are signed by John, and some by you; does that prove who received the money? A. This book was generally sent with the money. MR. BRODRICK. Q. Will you swear you did not keep this cheque a week? A. Yes; the entry is signed E. Cooke - many are signed G. Joll; that was when the book was sent with the cash to Cheapside - I signed this entry, because I did not take the book - I always paid the money to the prisoner - some entries are signed by Floyd, but I never gave him money. MR. WILLIAM COOKE . This book is generally kept at Warner-street, to be sent with the money to Cheapside, to be signed - the items signed Floyd, intimate that the money was received by him to give to Joll - my sister's signature indicates that she paid it to Joll - there is an entry of money being received by Joll that morning, but not this sum - the signature only indicates that the person received it - and it is Joll's business to account for it in the cash-book. JOHN CHARLES GRAY . I am clerk to Sir James Esdaile . I paid this cheque for 22l. 11s., and 15l. in country notes, on the 24th of December, 1825 - it is dated the 22d of January, 1825 - I paid for them a 30l. note, No. 14,731, dated the 7th of November, and 5l., and the rest in cash. JAMES TEWSLEY . I am clerk to Messrs. Jones, Lloyd, and Co. On the 24th of December, 1825, 621l. 2s. was paid in on account of Messrs. Cooke and Gladstone, I do not know who by - but among it was a 30l. note, No. 14,731, dated the 7th of November. MR. COOKE. The prisoner generally took the cash to the bankers, but not always - In the general cash-book, there is an interlineation of this amount - I first saw that the day the prisoner was apprehended. JURY. Q. Did he on the 24th of December, pay more into the bankers' than the account amounted to? A. Yes; more than that particular day, but not more than the whole account. Prisoner's Defence. When I was placed in the counting-house. I found the books much confused - there was no making out the accounts - I told Mr. Cooke it was necessary to have more clerks; he said, I must get through them as well as I could; I have stated to him the possibility of errors - he said, the customers, would point them out; our accounts were about 400,000l. a year - I was alone, except a boy to examine invoices; we at times found money due to persons; and Mr. Cook has directed me to make the account balanced, as it was more likely they were correct than us - as to this cheque, it appears to have been mislaid, and when found, was applied to their own account. MR. COOKE. I do not recollect his ever stating this to me - I never said the customers would point out the errors. WILLIAM GLAISTER . I am in the prosecutor's employ. I have heard the prisoner complain of the difficulty of carrying on the business, but not in Mr. Cooke's presence - he said to me, that the books were behind-hand; there are three clerks - I know the books were in a confused state when one clerk left - three of us now keep the books - I first went there in 1824. MR. COOKE. When the prisoner first came, we had two clerks, and afterwards another, as our business much increased, and his salary also - he at first had 40l. a-year. and at last 130l. - I knew he was at his father's in the country in February, and when we wanted him we found him. Four Witnesses gave the prisoner a good character. GUILTY . Aged 33. Transported for Fourteen Years .