Mr Ward said the prisoner had been in his employ, as clerk and collector, for about 12 years - he left about three or four years ago, but came again into his service in October 1852. From that period the prisoner was authorised to receive money on his account, and to enter the money so received in the cash book, paying the same into his bankers, Messrs Prescott and Co. Prosecutor had discovered that the prisoner had received from Mr Howse the sums of 8l 16s, 4l 3s, and 5l 15s without making any entry in the cash book. On the 5th instant prosecutor received the following letter from the prisoner:-
"17 Green Walk, Jan 5, 1854
W.Ward Esq.
Sir, - Pardon the liberty I take in presuming to address you. It is not to palliate my conduct in having abused the confidence you placed in me, but to appeal to your pity on behalf of my innocent wife and children - if you could refrain from prosecuting me I should owe a lasting debt of gratitude, which a whole life can never repay, and I am anxious and willing to make every reparation and restitution in my power by endeavouring to repay my defalcations, and, if you require it, to point out in the books the items which I have appropriated to a use which I am heartily ashamed to name. Oh! the first false step, to what has it brought me. If I had only told my wife when I was a little involved, I should have been saved; but I thought to retrieve myself without her knowing it, and thus made bad worse. Oh! sir, pray have pity on them. You will say I myself ought to have done so. I ought; and if I only had to suffer I should deserve no pity. But the pangs of conscience I have felt for some time past, and now, is a dreadful punishment., and has unfitted me for business. But it will be a warning to me, never again to indulge in any kind of vice. The time was when your presence in the business was a pleasure to me; but latterly, a fearful discovery has made it a burthen, and it has been a relief to me when you have left. Twelve months ago no man had a happier mind or happier house than I; but now I have made my mind a wreck. I could bear it no longer and was almost mad. Should you determine to take extreme measures, I should give no trouble, but will plead guilty to all, and you can produce this letter against me. - With grateful thanks for past kindness, and sincere sorrow for my ingratitude to you, I am, your unhappy servant, W. H. Berry"
Prosecutor caused the prisoner to be apprehended on the 7th inst., on which occasion the prisoner begged for mercy on account of his wife and children.
Mr Howse proved the several payments to the prisoner.
The amount supposed to be embezzled was 300l.
Police-constable Stringer, C193, took the prisoner into custody. Heard him ask for mercy on account of his wife and family, and found the rough draft of the penitential letter upon him.
The prisoner made no defence, and was fully committed.
