R v Abraham Reed
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1853 |
| Date | 01 January 1853 |
| Court | High Court |
English Reports Citation: 169 E.R. 682
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. post, p. 257; 23 L. J. M. C. 25; 22 L. T. O S 263, 18 J. P. 71, 18 Jur. 66; 2 W. R. 190; 2 C L R 607, 6 Cox C. C 284. Followed, R. v. Mallison, 1902, 66 J P. 503. Referred to, R v. Pratt, 1854, 18 Jur. 539
1853. regina v. abraham reed. (A. was sent by his master to the railway station for 10 cwt. of coals, which being supplied were placed in sacks and put into the master's cart The prisoner was directed by his master to bring the coals to his house On his way home, without authority, he disposed of a quantity of the coals to a third person Query. If the offence amounted to larceny or embezzlement ?) [S. C. post, p. 257 ; 23 L. J. M C. 25 ; 22 L. T. O S 263, 18 J. P. 71 , 18 Jur. 66 ; 2 W. R. 190 ; 2 C L R 607 , 6 Cox C. C 284. Followed, R. v. Mallison, 1902, 66 J P. 503. Referred to, R v. Pratt, 1854, 18 Jur. 539 ] At the General Quarter Sessions of the peace for the county of Kent, holden at Maidstone, on the 4th [169] day of January, 1853, before Aretas Akers, Edward Burton, and James Espmasse, justices appointed in and for the county of Kent, Abraham Reed was tried upon an indictment for feloniously stealing two cwt. of coals, the property of William Newton, his master, on the 6th day of December, 1852, and one James Peerless, was charged in the same indictment with receiving the coals, knowing them to have been stolen, but was acquitted The evidence of the prosecutor, William Newton, was as follows '' [ am a grocer and miller at Cowden, and sell coals by retail The prisoner Reed entered my service last year, about three weeks before the 6th of December. On that day I gave him directions to go to a customer to take some flour, and thence to the station at Erlenbriclge, for 10 cwt of coals. I deal with the Medway Company, who have a wharf there, Holman being wharfinger, I told Reed to bring the coals to my house Peerless lives about 500 BEAM. 1*. REQINA V. ABRAHAM REED 683 yards out of the road from the station to my house. Reed went about 9AM, and ought bo have come back between 3 and 4 p.m ; but as he had not come back, I went in search of him at half-past six and found him at Peerless's. The cart was standing in the load opposite to the house, and the two prisoners were taking coals from the cart in a trmek basket. It was dark. I asked Reed what business he had there. He said to deliver half a hundred weight, for which he had received an order from PeedesB. Reed had never before told me of such an order, and had no authority from me to sell coals. Later that evening I went and asked Peerless what coals he had received from my cart. He said half a hundred weight. I then asked him how they were carried from the cart. He said in a sack. I weighed the coals when brought home, and found the quantity so brought at half a hundred weight and four pounds short. I went to Peerless's [170] next day and found some coals there, apparently from half to three quarters." Upon his cross-examination he stated as iollows. I believe Peerless had sometimes had coals from me. When I earne up they were shutting the tail of the cart, but some coals were in a truck basket at their feet. Reed said at once he had received an order from Peerless. It was two honrs later when I asked Peerless, and when he said he had ordered them. Reed said hp had carried two cwt in, but that was two hours after. On his re-examination he said, I think Peerless had had some coals from me about a fortnight before the sixth. James Holman, another witness for the prosecution said, I am a wharfinger to the Medway Company at Edenbndge station, and Newton deals there for coals Reed came on the 6th of December, and asked for half a ton for Newton, and I supplied him. I entered them at the time to Newton, and now produce the book with tie entry. James Handley, another witness for the prosecution. I am superintendent of the Sevenoska division. On the 17th December I went to...
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