96 TACTS, FAILUBES, AND FEAUDS.
it was a cheque because it was an afternoon transaction—bills were generally presented in the morning.
Mr. Cockburn took several objections to the course of examination that was pursued, contending that the witnesses ought only to be allowed to speak from their own recollection, and not to be permitted to draw an inference from entries in the book.
Mr. H. B. Reynolds, the ledger-clerk at Messrs. Glyn's produced the ledger for the present year, and proved that it was his duty to enter the cheques that were paid over the counter. He also proved that there was an entry on the 26th of February of a cheque for £1400 of the Globe Insurance Company having been paid with several others.
In answer to a question put by Mr. Cockburn, the witness said he had no personal recollection of such a cheque; but he had no doubt of the fact of such a cheque having been paid on that day from seeing the entry and his knowledge of their usual course of business.
Mr. Reynolds then proceeded to state that he placed the cheque to the debit of the Globe Company. It was the custom of that company to send their pass-book to be made up every Tuesday night, and all the debits and credits of the company were made up, and witness checked and dotted every item, and the paid cheques were then placed in it, and it was fetched away every Wednesday, He said he was quite certain he should not have passed such an item as a cheque for £1400 if it had not been produced, and that the pass-book must have corresponded with their ledger. Upon looking at the pass-book, he said that an item, which according to the list of entries in the ledger should have been that of the cheque for £1400, had been erased.
In answer to a question put by one of the jury, the witness said that the ledger was compared with the pass-book by himself and another clerk who called out the different items, and if there had been any variance there would have been an immediate investigation respecting it.
Henry Probyn, messenger to the prosecutors, deposed that it was his usual duty to take the pass-book to the bankers on the Tuesday and fetch it again the following day, and to give it to the prisoner when he brought it back. He had no doubt he did so in February last, but he had no personal recollection of the matter.
Mr. W. Tite deposed, that he was the deputy-chairman of the Globe Insurance Company, and that Mr. G. C. Glyn was the treasurer, and Mr. Edward Goldsmith the chairman of the company. The prisoner in February last was a clerk in the service of the company, and he was appointed to that office in the usual manner by the directors. The principal duty of the prisoner, who was assistant-clerk in the accountant's office, was to check the payments at the bankers' and the bankers' pass-books, and every Wednesday morning he had to give a statement to the directors of the balance in hand at the bankers', in order that they might see the state of
