Dearie:Russell Family History

For the descendents of Richard Dearie and his son John Russell

Richard Dearie

Extracts from Newspapers etc.

Perthshire Courier 2 Sept 1830 The hand and power -loom operatives of Stanley have presented their clerk, Mr Richard Deary, with an elegant silver snuff box as a testimony of their regard and esteem for him as a man; it was presented to Mr Deary in the house of Mr Waddell, Innkeeper on the evening of Wednesday, on which occasion the whole of the subscribers met and spent the evening with the greatest hilarity and harmony.

(NB Son Charles born in Perth 1834, 1 January 1835 RD starts working in London, son James born in Lanark Feb. 1836, in the summer of 1836 his wife deserted him, she leaves for New Orleans with children at end of year. At some point in the autumn of 1836 relationship with a Mary Anne.)

The London Gazette 17 February 1837 Notice is hereby given, that the Copartnership heretofore subsisting between us, Richard Dearie and William Francis Mould, carrying on business at No. 1 Union-place, New-road, in the county of Middlesex, as wine, Spirit and Ale merchants, has been dissolved by mutual consent; all debts due to or from the said co-partnership are to be paid by the said William Francis Mould, by whom the said business will be continued: As witness our hands this 16th day of February 1837. Richard Dearie. W. Frs. Mould.

The Champion and Weekly Herald Sunday 26 February 1837 p 192 Partnerships dissolved. Richard Dearie and William Francis Mould, of I. Union Place, New-road, wine merchants-

Bells Weekly Messenger 16 April 1837 CHARGE OF EMBEZZLEMENT.- In the Central Criminal Court Richard Dearie, was charged with having received divers sums of money on account of Mr. Bernard, in the wine and spirit trade, to whom he was a clerk, and secreted and stolen the same. The prisoner is a young man of very respectable appearance and connexions. The prosecutor stated that in the year 1835 the prisoner came to him, and proposed to take some additional cellars, if witness would advance money to carry on the trade; and after negotiations an agreement was entered into between them. Mr Adolphus took an objection in limine, and submitted that as an agreement was entered into between them, binding themselves to do certain things, the prisoner could not be considered a clerk or servant. The agreement with the prisoner was 30s a week, and 2 ½ per cent. on all sales he effected. A question arose as to the agreement not being stamped; and the court decided that it could not be used against the prisoner. The prosecutor said that when they first came together the agreement was parole, but to satisfy the prisoner their terms were reduced to writing, and was what alleged against him was done under the agreement. The case gave rise to a great deal of argument between the counsel on both sides, the trial lasted the greater part of two days. The court was decidedly of the opinion that no case of embezzlement was made out. The jury said they were quite satisfied of the same; and acquitted the prisoner. Applause followed the verdict, but it was checked by the court.

The Glasgow Herald Friday 9 December 1853 DEATHS Suddenly, at St George’s Road, on 7th instant, Mr. John Dearie aged 81 years.

April 1854 "relationship" with step- daughter Jessie. Jan 1855 their son Jack Russell born in Hackney.

Caledonian Mercury Edinburgh 11 March 1856 Marriages BURY, DEARIE- At St Mary’s Church, Glasgow, Henry Heaton Bury, Esq., New York, US, to Maria, eldest daughter of Mr. Richard Dearie, wine-merchant, Glasgow.

From Caledonian Mercury Edinburgh 27 March 1856 SEIZURE OF AN EXTENSIVE ILLICIT DISTILLERY. One of the most extensive seizures of illicit spirits, etc., that has ever been made in Scotland was successfully effected on Tuesday by Inland Revenue officers. The premises are situated at 81, Glassford-street, and are at present used as a spirit cellar. Mr. James Pagan’s name appears on the door, but we have been requested to state that the gentleman sold or sub-let the premises to a Mr. Richard Dearie in September last. The license is, however, in Mr Pagan’s name, a transfer in favour of Dearie never having been obtained. From certain circumstances connected with the premises which reached the ears of the excise officials two Excise detective officers from London, named Mr B. J. Elmy and Mr. James Faith, both of whom are at present on a professional visit to Glasgow, called at the shop on Tuesday forenoon, about 11 o’clock, and asked for Mr. Dearie, but were informed that he was out of town. Informing the two men who were in attendance that they wished to examine the premises, the detectives accompanied by one or two ?town officers, descended by the trap stair to the cellars, which are situated right under the floor of the Trades Hall and formed by the brick arching which supports the first or street floor of that building. The place being quite dark, one of the officers returned to the shop for a light, and observing the face of one of the shopmen become a little florid, he suspected there was something wrong. Proceeding with the light to the cellars detective Elmy discovered in a recess a hogshead which was partially filled with molasses. Near this hogshead a door was detected which appeared to form part of the wall. On this door a number of marks caused by fingers smeared in molasses were visible. The key of this door being missing, one of the officers inquired of the shopman what the premises contained. The shopman replied that they were sublet to the proprietors of the Trades hall and that he could not tell what they contained. Skeleton keys were, however, procured, and the door being opened, the officers discovered two large stills, which had every appearance of having been recently in operation. These stills were capable of throwing off 120 gallons every 24 hours, and injuring the revenue to the extent of £2 an hour. The officers destroyed a large quantity of wash, and a quantity of privately made spirits. They also seized about 700 gallons of beer, together with all the stock in trade, consisting of wines, spirits and other liquors. Mr. Dearie’s son-in-law, being on the premises at the time, was apprehended and fined £30, which is expected to be paid immediately. The shopman has also been apprehended. We understand that Dearie is connected with other two spirit cellars in the city, both of which do extensive business. –Glasgow Daily Mail.

Glasgow Herald Fri 28 Mar 1856 (The following appeared in our late edition of Wednesday) AUDACIOUS SMUGGLING IN GLASGOW Yesterday afternoon, one of the most audacious cases of smuggling which we have heard of for a lengthened period was brought to light. Mr. Joseph Townsend, Supervisor of Excise, in company with several of his officers, repaired to the spirit establishment at the South side of the entrance to the Trades Hall, Glassford Street, and in the cellars seized apparatus for conducting an extensive illicit distillery- and this, too, under the very wing of the Deacon-Convener, and in the very heart of Glasgow. The premises in question was lately occupied by Mr. James Pagan, a spirit dealer, whose name they at present bear, but we are informed that they were handed over in September last to Mr. Richard Dearie, spirit dealer, occupier of shops in Port Dundas Road and Candleriggs. The cellars are in connection with the spirit shop alluded to and situated immediately under the Trades’ Hall. The officers found, amongst other articles, two whisky stills, capable conjointly of containing upwards of 100 gallons. The stills were warm, and bore evidence of having been recently in operation. In the cellars were also found a large number of casks, and tubs containing molasses wash, low wines and spirits etc. Several cartloads of the distilling apparatus were conveyed in the course of the evening to the Inland Revenue Office. A person acting as manager, whom Mr. Townsend found on the premises, was at once apprehended, and taken before Bailie Wright, one of our city magistrates, on a charge of being found in apartments where illicit distilling was being carried on. He was convicted, and sentenced to pay a fine of £30, or suffer three months imprisonment.

From Caledonian Mercury Edinburgh 2 April 1856 Provincial Intelligence. THE RECENT SEIZURE IN GLASGOW.- Ebenezer Taket, one of the shopmen in the employment of Mr. Dearie, 81 Glassford Street, Glasgow, in whose premises the Excise made an extensive seizure of illicit spirits etc., a few days ago was, on Saturday last, brought before William McLean, jun., Esq. of Plantation, Justice of the Peace, and fined £30, with the alternative of three months imprisonment, having been found on the premises when the seizure was made. The fine has not yet been paid. The other shopman has been set at liberty, the fine having been paid on the night he was apprehended.

Glasgow Herald Fri 09 May 1856 Lanarkshire, Scotland, JUSTICE Justice of the Peace Court. Illicit Distillation, - Yesterday at this court, before George Mitchell, Esq., and John Poynter, Esq., Justices, Richard Deary was called upon to answer a contravention of the Act 3 Geo IV., cap. 52, secs 113 and 114, and 9 Geo. IV., c. 45, by having in his premises, situated at 81 Glassford Street, on the 25th March last, two stills, two worms, seven tuns, one cask containing molasses, one boiler, two measures, whereby he had incurred a penalty of £200 for being in possession of the premises where said stills were found, and £200 for each of the two stills and 13 concealed vessels, amounting to $3200; and further, for being in possession of said worms, stills, tuns, cask, boiler and measures, he had subjected himself to a further penalty of £3200; and for being in possession of feints, a further sum of £100: making the total amount of penalties incurred £6500. Deary did not appear, and the case was gone into in absence. Mr. Joseph Townsend, Supervisor of Excise, proved the serving of the summons, and stated that in company with his officers he proceeded to the premises occupied by Richard Deary but bearing the name of James Pagan, where he found in the vaults, situated in the sunk floor, two stills to which worms of large condensing power were attached. The cold water for condensation was obtained from water pipes. There were regular furnaces underneath the stills, and they appeared to have been recently used. Witness enumerated in detail the other articles which he found on the premises. The vaults in question were fitted up with all the requisite articles for carrying out an illegal distillation; and from the appearance of the stock in the front shop (only eight gallons of spirits being found) it was evident that greater attention had been directed to the trade carried on underneath. The stills were capable of manufacturing 300 gallons of spirits weekly. Barry, the shopman, said that Deary had gone to Liverpool, and that he had the keys to the cellars – Henry Townsend, Officer of Excise, in consequence of instructions received from Mr. Joseph Townsend, went to the shop occupied by Richard Deary. Witness detailed the number of articles seized. - James Pagan, agent in Glasgow- I occupied the premises No. 81 Glassford Street, and the rooms and range of vaults, from 1840 up till October 1855. During that period I occupied the premises for the sale of spirits, to be consumed on the premises. On October last Richard Deary applied to me to take my stock and goodwill of the business, I having expressed a wish to retire from the trade in consequence of ill heath. After some negotiation I entered into agreement with defendant, agreeing to sell him the stock and goodwill of the business. (The agreement was produced.) I see that it is dated September last, and have made a mistake in saying October. Deary paid £100 for the premises, and since that time he has been sole occupant. My constituents (Messrs. Aitchison & Co., of Edinburgh), to whom I owed money, got payment of part of the sum defendant agreed to pay me. I produce the letter of agreement. It was part of that agreement that until the defendant paid up the full amount as should not be held as having parted with the possession of the articles sold to him, and that the certificate and retail license issued in my name should not be transferred to defendant, and the consequence was that my name remained upon the premises. I allowed my letters to be addressed to me at the premises, and called there for them. After Deary was in possession I was two or three times in the room underneath the shop in Glassford Street, but never in any of the other cellars. -Robert Sinclair, writer, said he drew up the agreement. Richard Deary called on me several times previous to September regarding the purchase of the stock and goodwill of the premises No. 81 Glassford Street, and James Pagan and Richard Deary instructed me to prepare the agreement. Several meetings took place between the parties, as Deary gave no security; but they ultimately agreed, and I prepared the written agreement, to which they adhibited their signatures. Deary entered on possession two or three days thereafter. The sum was to be paid in installments at six, nine and twelve months, and I think I received about £60, which I transmitted to Edinburgh. The Justices having considered the information and the evidence adduced, found the charges in several counts thereof proved, and found the defendant liable to penalties, amounting in whole to £3300- Mr. Townsend limited the penalties to the first count, and including the £100 penalty for the feints. A similar information was laid against James Pagan, whose name was above the premises; but, under the circumstances, Mr. Townsend felt himself justified in withdrawing the charge.

From the Caledonian Mercury Saturday 10 May 1856 THE RECENT SEIZURE IN GLASGOW.- On Thursday Richard Dearie, on whose premises, in Glassford Street, Glasgow, an illicit still was found a short time ago by the Excise officers, was fined in the full penalties by the Justice of the Peace, amounting to £3300.

Dundee, Perth, and Cupar Advertiser - Tuesday 13 May 1856 p.2,At Glasgow on Thursday, Richard Deary was fined £3300 for having in his spirit cellars in Glassford Street, Glasgow, two illicit stills and appurtenances.

Liverpool Mercury - Monday 12 May 1856 pg 2, Falkirk Herald - Thursday 15 May 1856. p.2, Carlisle Journal - Friday 16 May 1856p.8,Blackburn Standard - Wednesday 21 May 1856 p.1 ,Bucks Herald - Saturday 31 May 1856 p. 4,A Heavy Penalty. At the Justice of the Peace Court Glasgow, on Thursday, Richard Deary, the tenant of the spirit shop and cellars in Glassford street , Glasgow, where the two illicit stills were recently discovered , was fined in the sum of £3300.

Blackburn Standard - Wednesday 14 May 1856, p.3 At the Justice of the Peace Court, Glasgow, on Thursday Richard Deary, the tenant of the spirit shop and cellars in Glassford Street, Glasgow, where the two illicit stills were recently discovered, was fined in the sum of £3300.

Stirling Observer Thursday 15 May 1856 Conviction for Illicit Distillation. At the Justice of the Peace Court in Glasgow on Thursday, before George Mitchell Esq., and John Poynter, Esq., Richard Deary was found guilty of having concealed in his spirit cellars in Glassford Street, two illicit stills with appurtenances, and was found liable in penalties amounting to £3300. Deary is not to be found, but of course, the Excise will take the property he has left behind him for the fine, so far as it will go. A similar information to the above was laid against James Pagan, late spirit dealer, whose name was on the premises, but the Supervisor withdrew the charge, being satisfied that Mr. Pagan has nothing to do with the premises at the time of the seizure.

Paisley Herald 28 June1856 CAPTURE OF THE SMUGGLER DEARY. - Last week, Richard Deary, who was convicted on an extensive illicit manufacture of whisky underneath the Trades’ Hall, and fined in penalties amounting to £3300, was apprehended in Cowcaddens by the officers of Inland Revenue, and lodged in prison. He had arrived from London a few days previous to his apprehension.

Leeds Intelligencer Sat 28 June 1856 Last week Richard Deary, who was convicted, on 8th May last, for carrying on an extensive illicit manufacture of whisky underneath the Trades Hall, Glasgow, and fined in penalties amounting to £3300, was apprehended and lodged in prison.

The London Gazette 3 March 1857 COURT FOR THE RELIEF OF INSOLVENT DEBTORS. Saturday the 28th day of February 1857. ORDERS have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons: On their own Petitions. Richard Dearie, late of No.2 Murray-street, New North-road, Middlesex, Commission Agent for the sale of Ale and Beer.- In the Debtors’ Prison for London and Middlesex.

Morning Chronicle - Thursday 5 March 1857, p.8. and Morning Post - Thursday 5 March 1857, p.7 Insolvent Debtors Court Portugal Street. Before Chief Commissioner Law, at 11. Sureties: Richard Dearie.

The London Gazette 6 March 1857 Richard Dearie (sued and committed as Robert Dearie), formerly of No 105, Nicholls-square, Hackney–road, Middlesex, Commission Agent for the sale of Wines, afterwards of Rose-street, having at same time places of business at No. 81 Glassford –street, at No. 30 Port Dundas-road, and at No.91 Candle Rigg-street, the last four named places being in Glasgow, Scotland, Licensed Victualler, then of Rose-street, Glasgow, and late of No. 2, Murray-street, New North–road, Hoxton, Middlesex, Commission Agent for the sale of Ales and Beer.

Perry’s Bankrupt Gazette - Saturday 14 March 1857 p.6 Court House Portugal Street 20 Mar at 11, Dearie, Richard (Sued as Robert Dearie), of Murray-st, New North -rd, commission agent for the sale of beer.

The Edinburgh Gazette 27 March 1857 In the Court for Relief of Insolvent Debtors:- To be heard at the Court-House, Portugal Street, Lincoln’s Inn-Fields, Middlesex, before the Chief Commissioner, on the 7th day of April 1857, RICHARD DEARIE, (sued and committed as Robert Dearie), formerly of No 105, Nicholls Square, Hackney Road, Commission Agent, afterwards of Rose Street, Glasgow, Scotland, having at the same time places of business at 81 Glasgow (sic) Street, Glasgow and 30 Port Dundas-road, Glasgow, 91 Candlerigg Street, Glasgow, Licensed Victualler, then of Rose Street aforesaid, out of Business, and late of 2, Murray Street, New North Road, Hoxton, Middlesex, Commission Agent for the sale of Ales and Beer, and now a Prisoner in the Debtors’ Prison for London and Middlesex. G. ATKINSON, Attorney, 51, Bedford Row.

(RD on boat to New York arriving on 15 August 1859, with two of his daughters, Bessie and Mary.)

(In New York distilling whisky and paying taxes in 1865 & 1866 with son George, at Broadway 54 and 55. New York. Wife Elizabeth dies in London May 1866. 1868 Richard marries for third time. Selling wines and liquors on the corner of Market or at Public Square, Wilkes Barre from 1873/74 to 1882/84, with son George at the same address.)

The Wilkes-Barre Record Tuesday 20 March 1883, p.4 : "Death of Richard Dearie. Yesterday afternoon Richard Dearie, Esq., died at his residence on South Main Street, aged 83 years. Mr. Dearie was a native of Scotland. He first came to this country in 1836, but after a short sojourn returned to Europe, where he remained several years. On his return here he became engaged in business in New York, and finally in 1870 moved to this city, where he resided until his death. He was well known here, and was respected by all.

The Wilkes-Barre Record Thursday March 22, 1883. p. 4 "Yesterday afternoon the remains of Richard Dearie, Esq., were consigned to their last resting place. A large number of friends were present at the funeral ceremonies, and a lengthy cortege escorting the remains to the place of internment."

From THE LUZERNE LEGAL REGISTER. WILKES-BARRE. PA 1883. ESTATE OF RICHARD DEARIE, LATE OF Wilkes-Barre, deceased, Letters of administration upon the above named estate having been granted to the undersigned, all persons having claims against the same will present them for payment, and those indebted thereto will please make immediate payment to GEORGE DEARIE, A. FARNHAM, Administrator. Attorney.

Morning Advertiser 5 June 1848 TRANSFER OF LICENCES, June 3. ST ANNE, SOHO. Fish and Bell, Charles –Street, Joseph Powell to Richard Dearie.

The London Gazette 8 May 1849 Whereas a Fiat of Bankruptcy, bearing date the 4th day of May 1849, is awarded and issued forth against Richard Dearie, of No. 9, Charles-street, Soho-square, in the county of Middlesex, Licensed Victualler, Dealer and Chapman, and he being declared a bankrupt is hereby required to surrender himself to Edward Goulburn Esq. one of her Majesty’s Commissioners of the Court of Bankruptcy, on the 19th day of May instant, at half past one o’clock in the afternoon precisely, and on the 9th day of June next, at eleven o’clock in the forenoon precisely, at the Court of Bankruptcy, Basinghall- street, in the city of London and make a full discovery and disclosure of his estate and effects; when and where the creditors are to come prepared to prove their debts, and at the first sitting to choose assignees, and at the last sitting the said bankrupt is required to finish his examination. All persons indebted to the said bankrupt, or that have any of his effects, are not to pay or deliver the same but to Mr. John Follett, No. 1 Sambrook-court, Basinghall-street, the Official Assignee, whom the Commissioner has appointed, and give notice to Mr. George Rose Innes, Solicitor, No 20 Billiter-street, London.

Worcestershire Chronicle - Wednesday 9 May 1849, p.8 Bankrupts. Richard Dearie, licensed victualler, Charles Street, Soho Square.

Worcester Journal - Thursday 10 May 1849, p.3. Bankrupts. Richard Dearie, Charles-street, Soho-square, victualler, Bradford Observer - Thursday 10 May 1849, p.2, Bath Chronicle and Weekly Gazette - Thursday 10 May 1849, p.2 Bankrupts. Richard Dearie,licensed victualler. Charles-street, Soho-square.

The London Gazette 11 May 1849 BANKRUPTCIES AWARDED. Richard Dearie, of No. 9 Charles Street, Soho Square, Middlesex, licensed victualler and Royal Cornwall Gazette - Friday 11 May 1849, p.8,Richard Dearie, Charles Street, Soho Square,licensed victualler.

Leamington Spa Courier - Saturday 12 May 1849, p.4 Bankrupts. Richard Dearie, licensed victualler, Charles Street, Soho Square and Reading Mercury - Saturday 12 May 1849, p.3 Richard Dearie, Charles Street, Soho Square,licensed victualler, Yorkshire Gazette - Saturday 12 May 1849,p.7,Richard Dearie, Charles Street, Soho Square, victualler, Leicestershire Mercury - Saturday 12 May 1849, p.4, Richard Dearie, Soho Square, licensed victualler. Sheffield Independent - Saturday 12 May 1849, p.7, Bankrupts. To Surrender at Basinghall Street. Richard Dearie, Charles street, Soho square, licensed victualler, May 19 and June 9, solr. Mr. Innes Billiter street. Newcastle Journal - Saturday 12 May 1849,p.4,Bankrupts. Richard Dearie, Charles street, victualler, May 19 at half past 1, and June 9 at 11. Sol. Mr. Innes, Billiter street; Official Asignee, Mr. Follett, Sambrook court. Exeter and Plymouth Gazette - Saturday 12 May 1849, p.2, Richard Dearie, Soho Square, licensed victualler.

The London Gazette 27 May 1849 EDWARD GOULBURN, Esq. one of her Majesty’s Commissioners authorised to act under a Fiat in Bankruptcy, bearing date the 4th day of May 1849, awarded and issued forth against Richard Dearie, of No. 9 Charles –street, Soho-square, in the county of Middlesex, Licensed Victualler, Dealer and Chapman, will sit on 7th June next at one o’clock in the afternoon precisely, at the Court of Bankruptcy, in Basinghall-street, in the city of London, in order to proceed to the choice of Assignees to the estate and effects of the said bankrupt under the said Fiat.

The Era, Sun 03 Jun, 1849, p. 16, HENRY HAINES is instructed by the Assignees of Richard Dearie, bankrupt, under an Order of the Court of Bankruptcy, and by the consent of the Mortgagees, to sell by Public Auction, at Garraway’s, on Wednesday, June 13th at Twelve for One , the LEASE AND GOODWILL OF THE FISH AND BELL, CHARLES -STREET, OXFORD-STREET. The above property is extremely well situated for business, being placed in a PROMINENT AND COMMANDING SITUATION, in a crowded, bustling and business like neighbourhood; the lease has nearly TWENTY YEARS UNEXPIRED at an extremely moderate rental. For further particulars apply to H. Martineau, Solicitor, 2 Raymond's-buildings, Gray's Inn; at Garraway's; The Castle Tavern Moorgate; Macclesfield Arms Tavern, City Road; and at the Auctioneer's Offices, 38, Moorgate-street , City.

Morning Post - Saturday 9 June 1849, p.7 Law Sittings This Day. Court of Bankruptcy Basinghall Street. Last Examination: Richard Dearie, Soho, victualler, at eleven.

The Era - Sunday 10 June 1849 p.2 HENRY HAINES is instructed by the Assignees of Richard Dearie, bankrupt, under an Order of the Court of Bankruptcy, and by the consent of the Mortgagees, to sell by Public Auction, at Garraway’s, on Thursday, June 14th at Twelve for One , the LEASE AND GOODWILL OF THE FISH AND BELL, CHARLES -STREET, OXFORD-STREET. The above property is extremely well situated for business, being placed in a PROMINENT AND COMMANDING SITUATION, in a crowded, bustling and business like neighbourhood; the lease has nearly TWENTY YEARS UNEXPIRED at an extremely moderate rental. For further particulars apply to John Follett Esq. Official Assignee, 1, Sambrook Court, Basinghall -street, George Rose Innes, Esq. Solicitor, No 20 Billiter-street, Billiter-square; H. Martineau, Solicitor, 2 Raymond's-buildings, Gray's Inn; at Garraway's; The Castle Tavern Moorgate; Macclesfield Arms Tavern, City Road; and at the Auctioneer's Offices, 38, Moorgate-street , City.

The London Gazette 12 June 1849. Fish and Bell Wine Vaults, Charles-street, Oxford- street. HENRY HAINES is instructed by the assignees of Richard Dearie, bankrupt, under an Order of the Court of Bankruptcy, to sell by auction, at Garraway’s, on Thursday, June 14th 1849, the lease of the above house. The lease and agreement have 23 and a quarter years to run, from Midsummer day next, at a net annual rental of £80. For further particulars apply to J. Follett, Esq. Official Assignee, No 1. Sambrook court, Basinghall-street; George Rose Innes, Esq. Solicitor, No 20 Billiter-street, Billiter-square; H. Martineau, Esq. No. 2, Grays-inn; and at the Auctioneer’s offices, No. 38, Moorgate-street, City.

Morning Advertiser 3 Sept. 1849 TRANSFER OF LICENCES.- Sept 1. ST ANNE, SOHO. Fish and Bell, Charles –Street, Richard Dearie to Henry Slape.

Morning Advertiser 16 June 1851 Under Bankruptcy.- The excellent modern Fittings and Furniture of Dickson’s Hotel, Basinghall-street. MR. CHARLES DAVENPORT is favoured with instructions from the assignees of Richard Dearie, to Sell by Auction, on the Premises, as above, on Saturday next, June 21, at 12, the whole of the superior mahogany FITTINGS of Dickson’s Hotel, including two 6- motion beer engines, counters, shelves, 20 mahogany tables, large chimney glasses and usual fittings of the dining room, tap and coffee room, a small stock of wines and spirits, casks, household furniture, china, glass, and miscellaneous effects. May be viewed day prior to the sale; Catalogues on the Premises: of William Pennell, Esq., Official Assignee, Guildhall- chambers, Basinghall –street; of G. R. Innes, Esq., Solicitor, 20, Billiter-street; and of the Auctioneer, 5, Mark-lane, City.

London Standard - Monday 4 August 1851, p.4 Bankruptcy Court August 2. In Re Richard Dearie. The bankrupt was described as of Charles-street , Soho, licensed victualler. The bankrupt passed.

The London Gazette 17 October 1851 WHEREAS the Court authorised to act in the prosecution of a Fiat in Bankruptcy, bearing date 4th day of May 1849, against Richard Dearie, of No. 9 Charles –street, Soho, in the county of Middlesex, Licensed Victualler, Dealer and Chapman, has, on the application of the said bankrupt, appointed a public sitting under such to be held before Edward Goulburn Esq. one of her Majesty’s Commissioners of the Court of Bankruptcy, on the 8th day of November next, at eleven of the clock in the forenoon precisely, at the Court of Bankruptcy, in Basinghall-street, in the city of London, for the allowance of the Certificate of the said bankrupt’s conformity to the laws now in force concerning bankrupts, according to the form and subject to the provisions of the Statute, passed in the Parliament holden in the twelfth and thirteenth years of the reign of Her present Majesty, entitled “The Bankrupt Law Consolidation Act, 1849”; this is to give notice, that such Court will sit, at the time and place above mentioned, for the purpose aforesaid; when and where any of the creditors of the said bankrupt, who shall have given due notice of their intention to oppose, may be heard against the allowance of such Certificate, and the same will be allowed, unless cause be then and there shewn to the contrary, or such order will be made therein as the justice of the case may require.

The London Gazette 28 October 1851 EDWARD GOULBURN, Esq. one of her Majesty’s Commissioners authorized to act under a Fiat in Bankruptcy, bearing date the 4th day of May 1849, awarded and issued forth against Richard Dearie, of No. 9, Charles –street, Soho-square, in the county of Middlesex, Licensed Victualler, Dealer and Chapman, will sit on the 8th day of November next, at eleven of the clock in the forenoon precisely, at the Court of Bankruptcy, in Basinghall-street, in the city of London, to audit the Accounts of the assignees of the estate and effects of the said bankrupt, under the said Fiat, pursuant to the Acts of Parliament made and now in force relating to bankrupts.

The Times 10 November 1851 Before Mr. Commissioner Goulburn. Re Dearie. The bankrupt R. Dearie, victualler, Charles Street applied for his certificate. The balance sheet from the 3rd April 1848 to the 4th May 1849 shows the following: Creditors £1,487, ditto holding security, £513 profits, £341 debts considered bad, £154 property held as security, £513 losses, £457 trade expenses, £425 personal expenses, £342 repairs, £250; deficiency on the 3rd April 1848, £197. Mr. Linklater supported the bankrupt, and Mr. Innis appeared for the assignees, who offered no opposition. Mr. Linklater trusted his Honour in this case would grant a certificate of second class, as the bankrupt had conducted himself with great propriety, and the official assignee's report was not unfavourable. His Honour said there was an absence of a cashbook. He should grant a certificate of third class.

The London Gazette 21 November 1851 THIS is to give notice, that the Court acting in the prosecution of a Fiat in Bankruptcy, filed on the 4th day of May 1849, against Richard Dearie, of No. 9, Charles –street, Soho-square, in the county of Middlesex, Licensed Victualler, Dealer and Chapman, did, on the 8th day of November 1851, allow the sad Richard Dearie a certificate of the third class; and that such Certificate will be delivered to the said bankrupt, unless a appeal be duly entered against the judgment of such Court, and notice thereof be given to the Court.

Stanley has a very fine restored cotton mill, powered by water from the River Tay, which can still be visited. See here, here and here

The London Gazette 30 June 1837 Notice is hereby given, that the Copartnership heretofore existing between Richard Dearie and William Francis Mould, of No. 1, Union-place, New-road, Mary-le-bone, in the county of Middlesex, Wine and Spirit Merchants, was, this 28th June 1837, dissolved by mutual consent; and all debts due to or from the said estate will be received and paid by the above William Francis Mould.

(Mary Anne's son Frederick born June 1837, in Kings Road, Pentonville)

Marshalsea Prison and Discharge Books. A list of Prisoners brought into Custody and Discharged on Thursday 6 July 1837 Name: Richard Dearie. At Whose Suit: Sarah Mills. Damages: 80 Sums Sworn:23 7 3 Discharged with prison fees of 10/10

(Wife Margaret dies August 1837. RD marries Elizabeth Hogg at St. Georges Church in Bloomsbury, London on 27 January 1838 using a special licence taken out the day before. First child born in America 1838. Back in UK 1844.

From the proceedings of the Old Bailey. RICHARD DEARIE, Theft embezzlement, 3rd April 1837.1133. RICHARD DEARIE was indicted for embezzlement. MESSRS. DOANE and JONES conducted the Prosecution. WILLIAM HENRY BURNAND I have resided in the New-road very nearly thirty years, and have carried on the business of a coachmaker the whole time. In the course of the year 1835, I determined to carry on also the business of a wine and spirit merchant on my premises—the prisoner introduced himself to me, and proposed to take the cellar, if I would advance him the money to any it on—we entered into terms, which were reduced to writing—he came to my premises on the 1st of January, 1835, and was in the cellar acting as my servant—the first thing he did was to select goods from wholesale dealers, in order to put into the collar, and they were sent in—it was then his duty to draw spirits, serve customers, and attend to the business generally—it was his duty to receive money when he served the customers—the beer and spirits in those vaults were mine—I did not begin the wine business for six months after—I think it was in September or October—I had books for the entry of all transactions which took place in the cellars—they were in the hands of the clerk, Mr. Dearie—the name of James Graham and Co. was over the door—there was no such person as James Graham—I assumed that name for the purpose of carrying on that business—no person except myself had Any property in those cellars, and the persons who sent in the barrel which contained the liquors—the prisoner paid me money while he was in the cellars on account of the sale of goods—I used to pay him money, and to allow him to deduct from the receipts in business, for the wages of himself, the cellarman, and occasionally a man to wash bottles—the first two or three weeks I paid the prisoner 30s. a week—he was authorised to send out goods to customers—I was acquainted with very few of the customers—I did not know Mr. Harrison personally, nor Mr. Jones, nor Mrs. Shaw—the prisoner made entries in the books relating to the business which I have spoken of, regularly every day—he sometimes paid me money—whenever he had a surplus that was not employed, he handed it over to me in sums of from 5l. to 50l.—on those occasions I referred to the hooks which he kept—On the 16th of December, 1836, I called on him to make up his accounts—Mr. Hare had been employed to assist in making them up—I found in the books entries of certain sums having been received and forty or fifty entries of money due, in the prisoner's handwritings while he was at my cellars he accounted for sums received from particular customers in the regular day's business—I never had any conversation with him respecting any sums of money due or received from Mr. Harrison or Mr. Jones—I mentioned to him in the early part of February last that Mrs. Shaw had paid some money which did not appear in the boob—he would not believe it, and I fetched him up the books to show him that it was so—I do not recollect any thing that passed after that—he never accounted to me for 19s. 10d. he received from Mrs. Shaw on the 3rd of December, 1836, either verbally or by the books—here is the day-book—on the 3rd of December, 1836, here is no entry of the kind—I find on the 22nd of August, 1836, there were goods bad by Mrs. Shaw, of Priory Cottage, Kilburn, to the amount of 8s. 10d.—the entry is in the prisoner's writing—and on the 25th of August goods were had by her to the amount of 11s.—the prisoner never accounted to me for these sums—this is one of the bills used in my wine and spirit business, and it is filled up in the handwriting of the prisoner—on the 19th of September, 1836, I find in the prisoner's handwriting—"Harrison, Esq., 9, Cambridge-terrace, one gallon of brandy, 1l. 14s. 7 1/2 d."—there is no sum appears in the books as having been paid on account of that brandy—he never accounted to roe for the receipt of that sum of money, or any part of it—this is another of my bills of parcels in the prisoner's handwriting—here is a total of "1l. 14s. 7 1/2 d., and by cash 16s."—leaving a balance of 18s. 7 1/2 d.—he never accounted for either of these sums—on the 24th of November, 1836, here is an entry in the name of Jones, but that is not in the prisoner's writing; it is the cellarman's—this is another of my bills in the prisoner's writing, and with his signature, "Jones, Esq., three bottles of whisky, 10s. 6d.—settled, Graham and Co., R. DEARIE"—I have since ascertained that Mr. Jones is a surgeon—the prisoner never accounted to me for this—he continued acting in this way up to last December. I paid him 30s. a week for the first two or three weeks, and after that, I allowed him. to deduct from the monies he received—it was with my consent that he received these various sums of money—I remember his leaving ray cellars on the 31st of December. Q. What was the longest interval that ever occurred between one period and another of his paying you cash? A. A fortnight, 1 suppose—here is one instance of three weeks—the average period was very nearly weekly—he paid me on account of particular sums received—he never paid me any sums of money on any other account than that received in the business—I have an account in the book of the sums received by me from the prisoner—when I gave him notice on the 16th of December to leave me on the 31st, I told him there would be a fortnight for him to make up his books, and to render me an account—on the Monday after he left me on the Saturday I said to him, "I hope your accounts are all correct, if not you will have to answer for it"—he said nothing to that—I do not recollect that any thing occurred particularly after that—he left me very abruptly—on the 28th of January I saw him at my cellars—I told him about the several sums I found missing—he said he did not care about it, I could not prosecute him under the firm of Graham and Co., as there was no such firm—while the prisoner was with me (I think it must have been some time in October, 1836) I was desirous of disposing of that business—I explained to him that I had applied to Messrs. Ray, my wine-merchants, to know if any persons were desirous of buying a business of that kind, and if so to recommend them to me; and they sent up a Mr. Sowerby—I explained to Dearie the terms on which I had agreed to let the business to Mr. Sowerby, and said I had recommended him to Mr. Sowerby, that I had told him the terms on which he was in my service; and in the event of his closing with me, he would find him an excellent servant, at far as I knew, and an acquisition; and that if Mr. Sowerby called, he was to show him the books, and give him every explanation—the prisoner did not say any thing to me about the business at that time—but in the course of a week or so after, he said, if I was disposed to part with the basinets he thought he should be able to find friends who would be able to raise money sufficient to enable him to take the business if I had no objection—I told him the terms on which I had offered the cellars to Mr. Sowerby, and if he could make up the money I should certainly give him the preference—he told me that a person of the name of Ray had offered to lend him 1000l., and that probably by other channels he might be able to raise the remainder, but he wanted time to consider of it—he afterwards said he had been speaking with a person of the name of Moule I think, who would be able to advance a sum of money, as Mr. Ray had refused to let him have 1000l. till he got possession—that went off for a few weeks, and then he proposed to take it on his own account, as he found Mr. Moule could not raise the money he had expected, and if I would take it on bills he would take it—I said I would not have any thing to do with any thing but money—I bare subsequently seen the prisoner at No. 1, Union-place—it is a very good house, where he has established wine cellars, five doors from my own house—the name of Dearie and Moule was up there at first, bat since the examination, Moule and Co. has been substituted—during the whole time I have known the prisoner he has never had any interest in my business as a partner—he has not had the slightest interest in the property that was upon those premises—I do not know whether he had any other income or means of living, except the 30s. a week that I have spoken of. Cross-examined by MR. ADOLPHUS. Q. You are a coach-maker, you say? A. Yes—I was in partnership with my brother, but not in the wine sad spirit business—I had no partner in that—there was no such person as James Graham—I have signed the name of "Graham and Co."as my name—the prisoner was at first serving me under a verbal Agreement—I was not restricted by any agreement with my brother, from going into any other business while I was with him—I did not tell my brother that I went into this whiskey and ale business—we were not on good terms, and have not been for many years—I have been a proprietor in the Marylebone Joint Stock Bank since September—the prisoner paid monies over to me, and on those occasions I have gone over the books myself—I have gone over them with him several times, when I wanted money, I looked over the books, and asked him for money—he was aware that I was going over the books, and I have asked him to account for sums of money—I have several times gone over the accounts with torn, and said, "You have so much money in hand"—I cannot tell any time—it was the general way—some times I vent over the accounts myself, and found there was 20l. or 30l., in his hands, and I asked him for money, and he pulled out his purse and gave it me—that was both for general and particular accounts—I cannot name any one occasion, it was so general—I knew the books were asked for by letter—they were put into Mr. Hare the accountant's hand—I did not direct him to let Dearie see the books, but I had no objection to it—I never said any thing. one way or the other—there was a balance drawn up to Christmas, 1835, by Mr. Hare in the early part of 1836—he made it out as an accountant—at that time there was an account made out from the books—it was cleared and checked by Dearie, and his salary, and commission, and all—I do not know sufficient of the books to tell you where to look for it—I was not a party to it—the monies put down here, were paid to me at the times here put down—they were paid generally every week, some times a fortnight might elapse—it was sometimes less than a week, but the date will tell you—whenever I found there had been a sum of money received, I asked him what money he had, and he handed me over 10l., 15l., 20l., or 30l., as it happened to suit him—I generally used to do it every Saturday—I have many times asked him when I have not received it, and I asked again for it—I generally went to him every Saturday to ask him what money he had, and to get money—I looked at the books to see what money there was, probably twenty times during the time he was with me—none of these payments took place between the 7th of February and the 19th of October, because there was very little, I should apprehend, to hand over—it was all outgoings—there was very little to expect from the business the first year—the prisoner was not at that time in Scotland—on the 19th of October 1 received some money—I should think these figures refer to the folio of the journal—I received money on the 19th of October, on the 24th, and on the 26th—it depended on the money he had received—I used to apply to him generally every week, but it did not follow that I had the money every week—it was his duty to enter the sums received in the course of the day, and to hand the surplus to me every Saturday; but it depended on the monies that were paid into the concern—he was to account whenever I chose to ask him for the money. Q. Does Saturday occur, now for example, twice in one day, because. I find here, "April the 16th, £45," and again the same day "£25?" A. All these things are depending on the sums received—when I called on him it was his duty to account for it to me—it was on Saturday generally—I was desired not to touch the books after the prisoner left—the last. entry in this book in the prisoner's writing is 50l. on the 22nd of October—he remained in my service till the 31st of December—there is no other entry in this book in his handwriting after that—there is in the day-book—• here is the writing of Mr. Hare, the prisoner, the cellarman, and myself in this day-book—whoever receives the money marks the receipt of it—Dearie took care to go over them every night—he might be out all day, but it was the custom to be out till two o'clock, and then to remain at home all day up to eight o'clock—that was the general practice—he has gone to the docks and to many other parts, in the course of business—I have never come to any final settlement with him as to any money there might be between us—I believe he understood the business perfectly well—I did not understand a great deal about it—I bought the goods—it was his duty to wait on the customers, not to get customers—they came as a matter of course—I did not know a great many of the persons—some of them were private friends of my own—he used to give the orders and inspect the goods, and I used to pay for them for the first twelve months—after that I purchased myself of different brokers—he might purchase in the last twelvemonth—it is impossible to say that he did not buy half a dozen hogsheads of ale—he never went to Scotland for me—he went in search of his wife and family, who deserted him—I do not remember that I said in the course of last summer that Dearie was gone to Scotland, and I hoped he was not going to cut, as he had got 500l. of mine—I have no recollection of saying so to Mr. Bank—I will not swear any thing of the kind—I think if I bad said it, I should have remembered it—I cannot charge my Memory with ever having made use of such an expression—it might have been so—I never told any body that Dearie was gone to Scotland to purchase whiskey for me—I have no recollection of telling Mr. Sowerby so—it might have been so. Q. Did you advertise that your whiskeys were come from Scotland, and that the King of Belgium and all the rest were very fond of them? A. That was at the request of Dearie—when he returned he brought me an account that he had got several very fine whiskeys, so that it was not altogether a fraud—I inserted the advertisement, thinking it might be profitable—I had no intention of fraud—I did not instruct Dearie to purchase any whiskey—I know Sarah Mills, who is Dearie's landlady—I have seen her coming there—I have had some conversation with her about him, many times—I do not recollect that I wrote her a letter about him in February last—this is my handwriting—(looking at it)—when I had got out my warrant, and was taking my proceedings against the prisoner—Mrs. Mills called on the 1st of January, and related a long story of the injury she had received at Dearie's hands, and asked me what was the best course to get the money that was due to her—I told her that Dearie had now money, and I thought if she pressed for it that he would pay her—that was 15l. 3s. 2d.—I do not recollect advising her to proceed against him for 13s., or to sue him for 13s., for a gallon of gin—I will not swear any thing about it, as I do not recollect it—I did not say I would recommend her to an attorney in Grays Inn, who would do it for her without expense—she did not tell me she was not rich enough to sue—I do not recollect that she told me that she was not inclined to sue Dearie at all, and that she believed he would pay her as soon as he was able, nor any thing of the kind—she was in the habit of coming down to complain of Dearie—I am not in the habit of having to do with other people's concerns—I might have told persons that Dearie was Graham—I do not remember any particular circumstance—I never told Mr. Kerslake that he was Graham—parties have frequently come in and addressed him by that name—I never introduced him as Graham to Mr. Hibble or Mr. Kerslake—I always said, "There is Mr. Dearie, the manager"—I cannot recollect that I ever committed myself so far as to introduce him as Mr. Graham—I do business with Mrs. Wilson, of Alsop-terrace—I will not swear that I did not introduce Dearie to her as Graham—I do not recollect that I have, in the presence of Mr. Bell, addressed Dearie by the name of Graham—I will not swear either one way or the other. Cross-examined by MR. PHILLIPS. Q. Did you ever represent to the Excise that Mr. Burnand and Mr. Graham were two different persons? A. When I took out the licence I said there was no such person as Graham—I represented the firm of Graham and Co.—I did not represent myself as James Graham—I told them there was no such person as James Graham—I do not recollect that I ever told any body that Dearie was James Graham—I will not swear it. MR. DOANE. Q. Is this the agreement under which the prisoner came into your service? A. Yes—(read.) (The prisoner in this agreement engaged to conduct the business, at a salary of 30s. a week; and after six months, to receive 2 1/2 per cent, commission on goods sold.) MR. DOANE. Q. Did you fully explain to him that you were the whole of the firm? A. Yes, he was fully aware of that—persons seeing the name of Graham up, took him for Graham. MR. ADOLPHUS. Q. You say that a fortnight before he led, you asked him something about his books? A. I gate him a fortnight to make his books up—I had not done so before, I had an accountant—I never said that Dearie was not capable of making them up—he was quite capable—I never said the contrary to any body—he introduced himself to me, with a certificate of his good conduct, most respectably signed and written, which I am told is a common practice with all Scotchmen; and he showed me a snuffbox which was given him by the workmen of some mill—he left me on the 31st of December, at eight o'clock, the usual time—he left me quietly, without haste or hurry—it was in October or November that I had been in treaty for the sale of my spirit vaults to him—I think I recommended him to Mr. Sowerby in October—it certainly was not so late as Christmas—I will not swear it was not as late as the 1st of December—I really cannot tell the date—I saw him again on the 2nd of January, on the 18th, on the 28th, and on the 5th of February—I have taken these dates from my memorandum book, which is at home—I copied them on this paper ten days ago—I did not see the prisoner on any other days but these—I do not enter every thing in my book on the day it happens—it is sometimes the next day—I do not recollect seeing him at my own place on the 13th of January, in company with Mr. Lambert, the excise-officer—I have no knowledge at all of seeing him on any other days but those I have drawn from my memorandum—I do not recollect saying to Mr. Vincent Lambert, when Dearie had been on my premises, "You saw Dearie; he tells me he does not much like his partner; he was a d—d fool for leaving here; he might have had this place for 60l. a year"—I might have said so a fortnight after 1 dismissed him—I do not recollect it—I will not "wear I did not—I did not know the books were incorrect then—I knew it on the 9th of February. Q. Did you say to Mr. Tubb, on the 9th of February, "I should like to have gone band in hand with Dearie, for there is business enough for us both?" A. I said, if he had conducted himself well, I should have been very glad to have gone hand in hand with him, as there was business enough for both of us, and I had no animosity against him—I don't recollect telling Mr. Tubb that Dearie had robbed me, and that I had got a warrant out against him, which had been executed the day before—I don't recollect that I told Mr. Tubb that Dearie was a rogue, and had robbed me of 200/., and that I could send him to Newgate—I might have done it—it is very likely that I did—I can't say that I did or did not—I don't remember Mr. Tubb saying, that if a man had robbed him he should prosecute him—I don't remember what passed—I remember Tubb coming there, but I don't remember the conversation—I saw the prisoner on the 8th of February—(1 had then had warrant against him four days)—I did not part with him on good terms, and bid him good bye—I took him up to where the books were, and into the dining-room, where the cloth was laid—I kept a ledger, a journal, a day-book, and a cash-book—the party who took the orders made the entry in the day-book—I don't know that I ever said that Dearie was not an accountant, and not capable of keeping accounts—this is my journal for 1835—(looking at it)—some leaves have been cut out by Mr. Hare, I believe, so as to make the books begin properly—I don't know whether the entries in the pages which are cut out were in the handwriting of Dearie—I had nothing to do with the books—I don't know when the leaves were cut out—Mr. Hare did it—he was the only person who was employed in the accounts—he made out the accounts from the day-book, which he took as his standard—this is the day-book for 1835—there appears to be one or two leaves cut out of it—I don't know that I cut them out with my own hand—I don't recollect it—I don't recollect the circumstance at all—I have no idea at all—the writing in the book next to where the leaves have been cut out, is mine, and my writing continues to the 87th of January—I entered them as they occurred in the course of the day—I suppose I entered them day by day—I did not cut out the leaves myself and make a transcript, because the other was too bad to appear in the book—I don't recollect that I made a great many of them at one time, and from something that had been written before—I don't recollect any thing further than I state—I cannot tell whether I made the entries one one day, and another on another—I never refused the prisoner the inspection of these books—I think I recollect a gentleman who is here, calling on me, with a letter from Mr. Scanlan, to see the books, and I told him my attorney had advised me not to five a stone to break my own head—I never told Dearie there were these three sums unaccounted for, and I wished be would give me some account of them—I think in the first year about 1100l. might pass through his hands, and in the second year about 2000l.—fan deficiencies amount to between 300l. and 400l.—I never sent him an account of them—I could not, when I did not discover them till the middle of January—some of them were brought to light only the day before yesterday—when goods am sent out, it is common for a man employed as he was, to send the bill out by the porter—if the money was not paid, the porter may have brought the bill back, and it is always customary to cancel it—I parted with the prisoner on the 31st of December—he staid his usual time, sad came again on the following Monday—I don't know when he took the place within five doors of me, nor when he entered upon it—on the 2nd of January he told me he had taken the house—I heard nothing at that time of his going in partnership with a gentleman—I knew that, some tine in January—on the 18th of January I saw him on Mr. Corde's account—I did not tee him again, to the best of my recollection, till the 28th—I took out my warrant on the 4th of February, I think—I spoke to the prisoner on the subject of Mr. Cordo's account on the 18th of January—he had entered Mr. Cordo's account in one book, and not in the other—he entered it in tat margin of the ledger—here it is, on the 24th of October, in his hand-writing, add it remained standing due—he received the Money, and did not enter it—it is discharged in the day-book, but not entered in the other book—this is the hill I sent to Mr. Cordo some time in January, after Dearie was gone, and I afterwards sent him this other bill; I had in the mean time seen Dearie—he showed me, from the entry in the daybook, that he had received the 4i. which had not been entered in the ledger—Dearie left the books in a state of confusion—when I was gong to make up the books by the help of an accountant, I did not desire Dearie to attend and look to his own accounts—I made out the accounts of all the customers, to see what sums were due to the concern—I gave him the fortnight to make up his books, but he would not do it—this entry of 4l. is in his own handwriting, and he discharges Cordo for that money—I had this book in my possession when I sent to Cordo demanding that money—this is the only book in which Dearie wrote his general entries—the books were in the counting-house on the 31st of December, when Dearie left—I sent to him some time in January, to explain an account with regard to a Mr. Campbell—I had sent out the accounts about the middle of January, and the parties applied to roe—I don't know whether that had happened when I sent to him about Mr. Campbell—I mentioned two or three others to him on the 8th of February—he did not propose to have an accountant whom he named, and to go regularly over the accounts—he recommended a Mr. Wilks as a clerk to succeed him—he came to me, and Dearie told him there was a situation open, and he thought very likely he might have it—it was in Dearie's power to have discharged all these accounts—I have asked him for many of them—one in particular of 9l. 10s. of Mr. Coxhead's—I asked him about that, several times during the year—I cannot tell when I first asked him about it—I desired him to call; I should think it was after June—he continued in my service six months after that—this is one of my licences in my own name, jointly with that of Graham—the former licence is destroyed when we obtain a new one—I should say my former licences were the counterpart of this—I cannot tell that they were in the name of Graham and Burnand. Q. Were you ever fined by the Excise? A. I was fined through the prisoner's neglect—I can hardly tell whether I paid it on my own account, or on account of somebody else—there was a penalty levied in consequence of Dearie's having obtained two gallons of spirits from a Dundee packet—the man was taken with it in his possession, and was fined in the mitigated penalty of 25l.—they came to me, and asked me to let them have it, that the man should not go for two months to the treadmill—the man's name was Samuel Kerslake—Dearie sent him for these spirits. Q. Upon your oath, did you not send him yourself to the docks to get something, when Dearie was not present? A. I told him to go down to the docks, and there he would receive a parcel that was left by Mr. Dearie, at the Dundee wharf, I believe—I told him to go there, and receive a packet, but it was contrary to my instructions that the whiskey was sent for, but he got it, and I paid the 25l. MR. DOANK. Q. You have been asked about some leaves being out of some of these books—in this day-book there is an entry respecting Mr. Cordo, was it the prisoner's duty to enter that in one or two books? A. In two books—before I sent out to collect debts, I referred to the ledger, and, according to the appearance of the ledger, the account was still due—it was not discharged—that sum had been received by Dearie, and it was his duty to have marked it off in the ledger, and from its not being marked off in the ledger I was induced to send to Mr. Cordo—I was able, after finding that Dearie had received the money, to correct the mistake—all my books were produced at the police-office without any reserve, and inspected by Mr. Adolphus and the prisoner also—the prisoner being my servant it was part of his duty to receive sums of money owing to me—I authorised him so to do—when he received the money he was to enter it in the daybook of the day, and so to account for the receipt—the book which the leaves are said to have been torn out of, is for 1835—it has no reference to the present charge—on referring to my books I find on the 24th of November 1836, there was due from Mr. Jones, 10d. 6d.—on the 22nd of August, Mrs. B. Shaw, Priory cottage, Kilburn, 8s. 10d.; and on the 25th of August, 11s., making 19s. 10d.; and on the 19th of September, Mr. Harrison, 1l. 14s. 7 1/2 d. and cash 16s., leaving 18s. 7 1/2 d.—these entries are in the prisoner's writing, in the middle of the book, where there are no leaves torn out—if he had received these monies on the 19th of September, on the 24th of November, and on the 3rd of December, it was his duty to have entered them in the day-book, and they are not entered as received—that was hit duty with respect to all sums received, no matter when he gave me the money. MR. ADOLPHUS. Q. Look in your book, and tell me whether you did not on the 26th of September, receive 20l. from him as a general sum? A. On the 27th it is entered—on the 24th of November I received from him 25l., and on the 12th of December he paid a bill of Moats's for 40l. MR. DOANE. Q. Do you find in his own books, and by his own entries) that he had received more than those sums he paid you? A. Considerably more. ANDREW M'GLATHERIE . I am servant to Mr. Harrison, of No. 9, Cambridge-terrace, Edgware-road. I produce a bill which came from Mr. Burnand's office with some goods—I paid the amount of it, 18s. 7 1/2 d., between the 19th of September and the 24th,. to Mr. Dearie, for my master—the goods were had from the firm of Graham and Co.—the prisoner put this receipt to the bill. Cross-examined by MR. CLARKSON. Q. I suppose you knew nothing of Burnand? A. No—the account is 1l. 14s. for spirits, and 2 1/2 d. a bottle for three bottles, making 7 1/2 d.—this 16s. is for four dosen of porter, which my master called and paid for—he did not like the porter, and I ordered a gallon of brandy, and the porter was returned—this 16s. was deducted from the 1l. 14s. at the time the bill was settled—these figures are the prisoner's—I cannot fix on a more definite period for the settlement than between the 19th and 24th of September—I know the brandy came in, and I paid for it as soon as I could get time to go—Dearie did not call on me for it—I paid it at the cellars, between the 19th and the 24th—I cannot say how soon I paid it after we received the brandy—I have no further reason for saying it was between these times, but that we generally pay as soon as the things come in—I did not know Mr. Burnand at that time—I paid Mr. Dearie himself—I did not see any other person there—there might have been—Dearie was in the counting-house, and I went there. JOHN JONES . I am a surgeon, and live at Church-street, Paddington. I was in the habit of dealing with Graham and Co.—I received this bill for goods I had ordered on the 24th of November—I paid 10s. 6d. to the porter, when I received the bill at my own door. Cross-examined by MR. CLARKSON. Q. How long have you known the prisoner and his connexions? A. I have seen him once or twice—I do not know him. MR. BURNAND. The receipt to this bill is Dearie's writing. HENRY KELLY . I am servant to Mrs. Shaw, of Priory-cottage, Kilburn. My mistress received goods from Graham and Co.—I paid this bill of 19s. 10d. on the 3rd of last December, to Mr. Dearie—he gave this receipt at the bottom—(read.) COBORN, examined by MR. CLARKSON. Q. Were you in the service of Graham and Co. from October 1835 to January last? A. Yes—in the course of the business, when Dearie went out in the morning, he was in the habit of putting receipts to several bills that were handed over to the different persons in the establishment; and when the porters, or any other Persons who took these bills out for the purpose of receiving the money, returned, it was their custom to hand over the money to any person who was present—they were sometimes handed to Mr. Burnand or Mr. Dearie, if they were there—Mr. Dearie's duties were very considerable out of doors, and from that it became necessary for the porters to act as clerks, and Mr. Burnand saw and sanctioned that—all the porters, or Dearie or Mr. Burnand might receive money—the books and accounts were very irregularly kept—Mr. Burnand knew that fact—I never heard the prisoner tell Mr. Burnand that he was not able to keep the books, but I considered him incapable of doing so—I never knew Mr. Burnand complain of the manner in which the books were kept—I have known the prisoner make payments to Mr. Burnand, at a time when the payments have not been entered in the book—Mr. Hare was employed as a book-keeper, when it was found they could no longer go on without it, and while he was so employed, he occasionally received money when persons came to pay it—I have seen Dearie's initials put by Mr. Burnand to the day-book, before any payment has been nude to Dearie—that has sometimes happened when Dearie has been so much out of doors that he has not been at home to meddle with the books the whole day—I have bad occasion to remind Dearie of payments that he has made on account of the firm, and which he himself had not entered—I have known occasions, when both Dearie and Burnand have omitted, for a day or more, to make entries of the money they have received on account of the firm—I remember a particular occasion, when Mr. Dearie made a payment of money to Mr. Burnand, and Dearie had not entered it, and I reminded him of it; if I had not, and he had not recollected it, that payment would have gone into Mr. Burnand's pocket—it was customary for Dearie to make payments to Burnand relating to beer and spirits, in the coach factory—there was no order or regularity in the mode of making payments, or of entering them when they were made—it was very likely that a mistake might have arisen, or a payment have been omitted to be entered—I remember hearing that Dearie had made a payment for a hogshead of brandy, and he had forgotten to enter it, tad he was complaining of something that bad left his money short—he was in the habit of trusting too much to his memory—it was not in hit power to do his business out of doors, and to keep the books as correctly as he should have done—he came in from his rounds at various times—sometimes he was out all day—it is not true that he was always is by two o'clock in the day—Mr. Burnand discharged him on the 16th of December, and he left on the 31st—I saw them together in the connting-house on the 2nd day of January, and they appeared to be on friendly terms—after Dearie had left that day, Mr. Burnand inquired of me what Dearie was going to do, and I told him he had taken No. 1, and was about to commence business—Mr. Burnand said they were very splendid premises, but he must make some cellars to them—I remember Mr. Burnand sending in an account to Mr. Cordo for five gallons and two gallons of whiskey—I informed Mr. Burnand, at that time, that I knew the five gallons had been paid—I told him if be would turn up the day-book, he would find the account paid—he would not do so, but he turned up the ledger, and found the accounts were not posted—on the 4th or 5th of January, Dearie came to the counting-house, made some observation to me about my leaving Burnand; and after he left I went into the counting-house to Burnand, and apprised him that I should leave on the following Saturday—he said it was very ungrateful of me to go to Mr. Dearie, who bad done nothing for me, and stood out against me all along—I remember the same evening, Mr. Burnand being jocose with me as to the place I was going to—he asked if I should have to wash bottles out in that shed; and he said he understood from Dearie that they could not get the lease of the house settled—on the same evening he sent me with a receipt to Mr. Cordo, and told me to say that Mr. Dearie had neglected to make the five gallons paid, and if he would pay the balance for the two gallons, it would make it all right—I called his attention to it in the day-book, as having been paid at that time—I referred to the day-book the next morning, and found it properly entered as paid. MR. DOANE. Q. Did you leave Mr. Burnand's service? A. Yet,; on the 7th of January—I was a cellar-man to him, and went out with parcels occasionally—I am at present in the service of Messrs. Dearie and Moule. COURT. Q. Is the entry of the 24th of November, "Jones, 5, Church-street, "in Mr. Burnand's writing? A. It is. MR. BURNAND. This is my handwriting—after Dearie left, I applied to Mr. Jones for the payment of that sum, some time in January, and I made this entry on the 17th—Mr. Jones brought the receipt to the counting-house, and said he had paid the money to Dearie. COURT to MR. JONES. Q. Did you ever go and tell him you had paid—the money to Dearie? A. Never—I said I had paid it to the porter. MR. ADOLPHUS to MR. BURNAND. Q. I see, from the agreement, you were to have sureties—have you had them? A. I have—I understand from Dearie that one has run away, and the other is not good for much. HENRY HARE . I am not an accountant by profession, but I am ac customed to keep books—in January, 1836, I was called in by Mr. Burnand to make up the books—that was the first time I was called in—when I posted the books, Dearie was present, and was aware of what I was doing—he saw me throughout the making up of these books—I began in January, 1836, and left off at the commencement of September—I posted them into the ledger up to the end of August, but I did not balance them—I made out a balance-sheet up to Christmas, 1835—the books were sent to me, to make out copies, at the latter end of February, in this year—I did not post them, but I made out a cash-account between the prisoner and the prosecutor—I have not, in any way, altered or interfered with entries made by the prisoner—I received instructions from the prosecutor's solicitor to make out copies from the entries in the prisoner's handwriting, and of sums received by the prosecutor from the prisoner—I made out these copies faithfully, and to the best of my ability—with respect to this journal, I took some blank leaves out because they were in an imperfect state, as the book came from the stationer's—there was no entry on the leaves which I took out—there are one or two leaves out of the day-took for 1835 and 1836—I know nothing of them—all the entries in 1835 the prisoner checked with me, but we did not go into 1836. Cross-examined by MR. ADOLPHUS. Q. What are you? A. A manager of a branch joint-stock bank—I have been; so since October last—I was previously a clerk in that bank—it has been established since September—before that, I was employed in Mr. Burnand's counting-house to keep his books—his wife is my sister—it is impossible for me to say how many leaves have been cut out of the beginning of this book of 1835—I do not know that I cut them out—I am almost certain that I did not—I do not know that there were entries made on them by Dearie, and made so imperfectly that I was obliged to cut them out—I do not know that they were so bad they were not fit to stand—I know nothing about it— I do not recollect that I cut them out—to the best of my belief, I did not—the bank in which I am engaged, is the one in which my brother-in-law is a partner—I made an application for my situation, which was submitted to the Directors in general—I cannot tell that there were no entries on those leaves that have been cut out, nor for what reason they were cut out—in 1836, when I was going through the accounts of 1835, Dearie was near me, and checked my proceedings as to the, cash—I found there were many errors in the account, that could be set to rights on an explanation. COURT. Q. Were there any errors against the prisoner as well as for him? A. Yes, there were. MR. ADOLPHUS. Q. Knowing all that to have taken place in 1836, did you in 1837 make any application to Dearie, or seek for any explanation? A. I did not. MR. DOANE. Q. Did those mistakes that were for and against the prisoner in 1835 refer to entries that were made? A. They did—I do not recollect an instance as to sums received and found not to have been entered—in some instances there may have been. NOT GUILTY . (There were three other indictments against the prisoner, upon which no evidence was offered.)