Many instances of a similar kind, during the seventeenth century, might be gleaned from Glanvil and other writers of that period; but they do not differ sufficiently from these to justify a detail of them.
ROBERT ASLETT,
CONDEMNED TO DEATH FOR EMBEZZLING PUBLIC PROPERTY.
MR. ASLETT had been in the employ of the Governor and Company of the Bank of England for about twenty-five years, and had conducted himself faithfully and meritoriously until he was induced, unfortunately, to speculate in the funds; when, in dereliction of that duty and fidelity which he owed to his employers, he subtracted immense sums from the property entrusted to his care.
In the year 1799, having gone through the necessary and regular gradations, he was appointed one of the cashiers. It was a part of the business of the Bank to purchase exchequer bills, to supply the exigencies of government; and the purchases were entrusted to the care of Mr. A. Newland; but on account of that gentleman’s growing infirmities, he having been fifty-eight years in the service of the Bank, the management was left wholly under the care and direction of Mr. Aslett. The purchases were made of Mr. Goldsmid, by the means of Mr. Templeman, a broker. It was usual to make out a bill in the name of the person from whom they were made, which was delivered to Mr. Aslett, to examine and enter in what is called the Bought-book, and he gave orders to the cashiers to reimburse the broker. The bills were afterwards deposited in a strong chest, kept in Mr. Newland’s room; and when they had increased in bulk by subsequent purchases, they were selected by Mr. Aslett, who tied them up in large bundles, and carried them to the parlour, that is to say, the room in which the Directors held their meetings, accompanied by one of the clerks, with the original book of entry, when the Directors in waiting received the envelope, and deposited it in the strong iron chest, which had three keys, and to which none but the Directors had access; and from which it could not be brought forth until the time of payment, unless by consent of at least two of the Directors. Therefore it was not possible for them to find their way into the hands of the public or the monied market, unless embezzled for that purpose. On the 26th of February, 1803, Mr. Aslett, according to the practice, made up three envelopes of exchequer bills, of 1000l. each bill; the first containing bills to the amount of 100,000l., the second 200,000l., and the third 400,000l.; making in the whole 700,000l. These were, or in fact ought to have been, carried into the parlour, and were signed as being received by two of the Directors, Messrs. Paget and Smith; but one of the bundles, namely, that containing the 200,000l. worth of bills, was withdrawn.
The confidence which the Governor and Company had placed in Mr. Aslett had enabled him to conceal the transaction from the 26th of February to the 9th of April; but on that day, in consequence of an application made by Mr. Bish, the whole was discovered. On the 16th of March, Mr. Aslett went to that gentleman, and requested he would purchase for him 50,000l. Consols, to which request no objection was made, provided he deposited the requisite securities. The fluctuation of the market at that time was six per cent., and Aslett, in order to cover any deficit, deposited with Mr. Bish three exchequer bills, Nos. 341, 1060, and 2694, which he knew had been previously deposited in the Bank. From some circumstances, and from his general knowledge of the whole of the business of the funds, Mr. Bish suspected all was not right, and he accordingly went to the Bank, where an investigation took place, at which Mr. B. Watson, one of the Directors, was present. Mr. Newland was sent for, and asked whether any of the exchequer bills could, by possibility, get into the market again from the Bank? To which he answered in the negative, observing that they were a dormant security. The same question was put to Mr. Aslett, and the same answer given by him. It was found necessary to tell him that the bills in question, which could be proved to have been in the Bank, had found their way into the money-market; and at the same time it was observed, that he had made purchases, to a large amount, of stock, with the bills: this was acknowledged by him; but he said he had done so for a friend, named Hosier, residing at the west end of the town; and he declared that they were not Bank property, nor to be found in the Bought-book. The Directors, however, were not satisfied on this point, and he was immediately secured. His trial was postponed to July, as it occurred to those employed in the prosecution that the bills in question had been issued with an informality in them, not having the signature of the Auditor of the Exchequer. They were aware of the objections that might be taken, and Parliament not then being sitting, it was thought advisable to postpone the trial, lest it might create an alarm in the money-market. The fact was no sooner known, than a bill was brought into Parliament for remedying those defects, and to render the bills valid.
On Friday, July 8, 1804, Mr. Aslett’s trial commenced. Mr. Garrow, on the part of the prosecution, stated the facts above mentioned; but when about to call witnesses to give evidence, Mr. Erskine insisted that the exchequer bills, which the prisoner stood charged with having stolen, were not good bills till the act of parliament had made them so, and consequently that they were pieces of waste paper when stolen. The Chief Baron Macdonald, Mr. Justice Rooke, and Mr. Justice Lawrence concurred, that the present indictment could not be maintained; and the jury were accordingly desired to acquit the prisoner.
He was afterwards, however, tried on nine other indictments, the evidence being the same, Mr. Garrow having applied to the Court to detain him in custody, it being, he said, the intention of the Bank Directors to issue a civil process against him for one hundred thousand pounds, and upwards, the moneys paid for the bills which he had converted to his own use.
Mr. Kirby at first hesitated to receive the prisoner, understanding he was acquitted; but was peremptorily desired by the Court to take him back.
Mr. Aslett was dressed in a lightish brown coat, his hair being full powdered. He appeared quite collected, but held down his head, never once looking up, except when the application was made to keep him in custody, when he expressed symptoms of great surprise, and looked very steadfastly at the Court.