R v John Jenson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1835 |
| Date | 01 January 1835 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 1333
LINCOLN'S INN
Followed, R. v. Hall, 1836, post, p 474; R v Callahan, 1837, 8 C. & P. 154. Referred to, R v. Watts, 1850, 2 Den. 14.
1835. rex v. john jenson. (Indictment against the clerk of a savings' bank for embezzlement. Held, he was properly described as clerk to the trustees, though elected by the managers.) [Followed, R. v. Hall, 1836, post, p 474; R v Callahan, 1837, 8 C. & P. 154. Referred to, R v. Watts, 1850, 2 Den. 14.J The prisoner was indicted before Lord Chief Justice Tindal, at the last Northampton Spring Assizes, 1835, for embezzlement, under 7 & 8 Geo. IV. c 29, s 47. The first count of the indictment stated that the prisoner was clerk to George John Earl Spencer, Spencer Joshua Aboyne, Marquis of Northampton. John Charles Spencer commonly called Viscount Althorp, W R. Cartwright, J. R. Thornton, J. H. Thursby, Esq.; and that he did, by virtue of his employment as such clerk, receive and take into his possession the sum of £30 in money for and on account of the said Earl Spencer, &c. ; and that on the same day he received £20 further ; and that he fraudulently and feloniously embezzled the same, against the form of the statute, fcc. The 3d and 4th counts were like the 1st and 2d, except m stating the em-[435]-ployers to be George John Earl Spencer and others. There were counts also stating the embezzlement to have been made of bank notes instead of money. To this indictment the prisoner pleaded not guilty, and on the trial at the last assizes for the county of Northampton, the following facts appeared in evidence. The prisoner at the time of the offence committed, was the clerk of the Northamptonshire Bank for savings, which was founded m the year 1821, and the six persons named in the first count, were at the time of such offence the trustees of that institution. Amongst the regulations of the institution, a printed copy whereof was inserted in the book delivered to each depositor, and in which his deposits were entered as made from time to time, there were the following two, viz - 1st, Management. The institution shall be conducted by managers, a treasurer, 1334 BEX V. FRANCIS METCALF l MOOD. 438. and n clerk. The managers shall include patrons, presidents, and trustees, and new managers shall be elected from time to time by ballot " " 5th, Mode of conducting business The cleik, with one of the managers, shall attefld at Northampton, for the purpose of receiving...
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