EDWARD LAYTON . I am a baker, and live at Hanwell. The prisoner was in my service—he came to me in Feb. last, and left me on 5th Aug.——it was his duty to take the bread round to customers, book it, receive the money for it, and account to me at night for the bread delivered, and all the money taken—he accounted to me on Saturday, 5th Aug.—I did not know of anything being wrong at that time—I discharged him then—he had given me notice to leave three weeks before, and on the Tuesday following that he neglected to give account of his bread, and was out till 10 o'clock at night—I waited, and he did not come—I went out at half-past 10 o'clock, and found him—he told me he should come when he liked—we had some difference, and I discharged him on 5th Aug.—on 7th Aug. I went to Mrs. Chadd, who had been a customer of mine ever since I had been in business—I had a bill against her of 3s. 8d.—I had never received that from the prisoner—he kept a book, in which he books his bread, and one in which he books his money—both were in his writing—they are not here—I gave them up to the prisoner's attorney, Mr. Sleep, at Brentford Town Hall—the Magistrate asked if I had any objection to leave them—I left one, and the other I took, and booked the bread in, and the policeman came and took it away—I have my own books here—here is my book in my writing—I make the entries in it from the information of the prisoner—he sees me make the entries from time to time—he has his book with him, and he tells me from his book, and I enter it in his presence—this is the book of the bread sent out—here is the book of all money received by me—on 1st Aug. here is no sum of 8s. 6d., purporting to have been received by the prisoner for me—on 3rd Aug. here is no sum of 6s. 3d.—on 5th Aug. here is no sum of 3s. 8d.—there are no such sums—I have never received any of these three sums—the 8s. 6d. was due from Mrs. Barnett—she never paid me that 8s. 6d. nor did the prisoner pay it on her account—the 6s. 3d. was due from Mrs. Alderson—I have never received that from her or the prisoner—the 3s. 8d. was due from Mrs. Chadd—I never received that—they were all three my customers.

Cross-examined by MR. PAYNE. Q. You were a carpenter? A. Yes, and I have taken the baking business—the prisoner was in the employ of the person who had the baking before me—he was in that employ about three years—I began to be a baker in Feb. last—there might be about sixty customers to whom the prisoner had to deliver bread, sixty deliveries, and sixty accounts in one day—he had a cart; he had no one with him to mind the cart—he had to make the entries, and all to do himself, to sixty persons in a day—this book is my writing—there was another book the prisoner kept—here are entries on 1st Aug. amounting to 3l. odd—they were entered on Tuesday evening, 1st Aug.—I cannot say at what time; between 8 and 9 o'clock, I suppose—I cannot say what time these entries were made on 3rd Aug.; he was so in the habit of neglecting his duty, and coming home late—I cannot say what time they were entered, but I mean to say that the entries on the 1st, on the 3rd, and on 5th Aug., were made the same nights—about three weeks before, the prisoner told me he was going to leave me, and on the Tuesday following I went after him, and he told me he was quite independent of me—that was all that passed on the Tuesday—I said nothing to him about leaving till the Saturday—on the Saturday after he had booked his bread I told him I had got another man—he said, "I suppose I am to go next Saturday night?"—I said, "You may go tonight"—he said he expected a week's notice—I said that made no difference, I should pay him his week's wages, and he could send his wife for the bread and Hour—I think the policeman took him on the Thursday following.

MR. RYLAND. Q. On Saturday night, when you discharged him, nothing was said about these items? A. No; I did not know of them—I found one out on Monday, another on Tuesday, and the other on the Thursday—I did not see the prisoner in the interim, and had no communication with him.

CHARLOTTE BARNETT . I am the wife of Henry Barnett. I am a customer of Mr. Layton—I knew the prisoner as being in his service—the prisoner brought me bread from time to time—on 1st Aug. I owed Mr. Layton a bill, 8s. 6d., and I paid it to the prisoner—I have the book—the prisoner signed it in my presence, and I paid him 8s. 6d.

Cross-examined. Q. How long have you dealt at the same place for bread? A. About three years; the prisoner brought the bread all that time—he lived there at the time Mr. Layton took the business—he lived with the person who kept the shop before—I believe he bore a good character—I live at Greenford, about two miles from Hanwell—I do not know how for it is from London—I never was in London before.

MARY ANN ALDERTON . I am the wife of Thomas Alderton; I live at Ealing. I have been in the habit of receiving bread from Mr. Layton—the prisoner has delivered the bread—I have been in the habit of paying him every two or three days—on Thursday, 3rd Aug., I paid him 6s. 4d.—he had delivered bread to that amount—I kept a book, which I have here—he made the entries in it—on 3rd Aug. here is his writing, 6s. 4d. scratched through—this other is meant for his name.

Cross-examined. Q. What was your bill? A. 1l. 4s.; I keep a shop. I have been served by the prisoner since about March, I think—I did not deal with Mr. Bradshaw, the former baker—when this 6s. 4d. was paid, the bread I took in that day was still remaining—the other entries go on to the end of the week—I did not pay every day; I had generally one day's bread in hand—I sometimes paid every day, sometimes not.

ANN CHADD . I am a widow, and reside at Hanwell. I have been in the habit of having bread of Mr. Layton—the prisoner brought it—up to the last fortnight I was in the habit of paying every day, if I had money in hand—the last fortnight I asked him if he could change a sovereign, and he could not—on Saturday, 5th Aug., I owed for two weeks' bread—the first week was 2s., and the second week, ending 5th Aug., was 1s. 8d.; the two weeks together 3s. 8d.; and on that Saturday I paid that money to the prisoner—I had no bill nor receipt; I paid him when he left the bread—I can ascertain the amount I paid him, because I mark it on a slate on the day they are left—I told him the amount, and asked him if it was right—he said that was all right, and I paid him the 3s. 8d., and he went away.

Cross-examined. Q. How long have you been in the habit of being served by this man? A. I suppose three or four years; I have known him as bringing bread to my house—I never heard of any mistake before this.

JOHN MANSELL (police-sergeant, T 1). I took the prisoner on this charge—I took him to the station—Mr. Layton was there—he charged him with embezzling 2l. 11s. 6d.—I do not remember that the prisoner said anything—there was a great deal said, but nothing particular—I do not remember that he made any answer.

Cross-examined. Q. Where did you take him? A. At the Duke of York, in Hanwell, close to his master's house; I have known him about three years—I never heard anything against him—he was about at public houses.

GUILTY .— Confined Twelve Months.

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