Circuit Court.
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Ger. l9.-S Smith VS. John KerT.-This was an action
obtain DANA for sander alleged to have been utter
27h July lS43 Defendant it'appeared occupied
premises in los West street and had plaintiff in his
ploy cashier sn confidential clerk On the above day,
defendant had s67l in saf the keys OF which in
possession of plaintiff Defendant having occasion TO


business lett the store in the possession of
plaintiff and his return, examining the safe, the
ney found to be distracted. Defendant hereupon
charged plaintiff with having stolen his money, and
threatened he would not have it forthcoming by the
following day he the defendant would prosecute him.
The money subsequently, found by the Police officers,
with the exception OF $69. 1t was alleged III defence
that the circumstances OF the case were such as were cal
culated to throw suspicion plaintiff Plaintiff, the
testimony e three Witnesses proved to have said he
could not blame defendant for suspecting hmand far
her, that the money was recovered, messen-
ger despatched with the intelligence to the plantf
and that afterwards etng with defendant he agreed
settle the matter amicaby provided letter was sent
his brother esyng that his character and reputation
established And finally that action would have
beenbrought had not the plaintiff been indebted to his
counsel $780, which he he counse other chance
Of recovering han by carrying through the present
lion Verdict for defendant. +. C. Gray for plaintiff II.
w. Robinson for defendant