Commonwealth v. Sawtelle

Citation141 Mass. 140,5 N.E. 312
PartiesCOMMONWEALTH v. SAWTELLE.
Decision Date23 February 1886
CourtUnited States State Supreme Judicial Court of Massachusetts

141 Mass. 140
5 N.E. 312

COMMONWEALTH
v.
SAWTELLE.

Supreme Judicial Court of Massachusetts.

Filed February 23, 1886.


Indictment for embezzlement and larceny, in nine counts.

At the trial before BACON, J., there was a verdict of guilty on the fifth count, and not guilty as to the other counts. The fifth count charged the defendant with the embezzlement of $11 on February 15, 1884, while in the employment of J.W. Pope, of Marlborough, as clerk, agent, or servant. The evidence showed that defendant had been in the employment of Pope for about five years, and had charge of his furniture business; that by an arrangement between him and Pope he had paid himself his salary, which was $11 per week, out of the drawer, up to January 1, 1884. On February 15, 1884, he sold a bill of goods amounting to $65 to a Mrs. F.M. Sawin. Mrs. Sawin testified that some time afterwards, she did not know how long, defendant called at her house, and she paid him $61, and still later she paid him the balance of $4, and he receipted the bill. The government introduced in evidence an order-book, so called, with an entry in defendant's handwriting, under date of March 5, 1884, crediting Mrs. Sawin with $50 as having been paid on that date, and asked the witness then on the stand, who was Pope's book-keeper: “Did your cash run over on the day the money was paid to Sawtelle by Mrs. Sawin?” to which defendant objected. The court overruled the objection, and the witness answered that it did not, and defendant excepted. No book or accounts were introduced or accounted for to show the cash balance on that day, or any other day, or to show the fact testified to by the witness. In cross-examination the witness stated that they kept a cash book and account; that the cash sometimes overran, and sometimes fell short; and there was considerable testimony that the accounts were loosely kept, and that the cash was frequently wrong. Defendant testified that he went a number of times to Mrs. Sawin's about the furniture, and received money from her at different times, but could not remember how much; that he rolled the money up, put it in his pocket, and gave it to the book-keeper or placed it in the money drawer when he returned to the store. The remaining facts material to the case appear in the opinion.

[5 N.E. 313]


W.N. Davenport and [141 Mass. 143]S.J. Elder, for defendant.

E.J. Sherman, Atty. Gen., for the Commonwealth.


DEVENS, J.

The defendant testified that all the money which Mrs. Sawin paid him he...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT