148, 149, 150. Barnard Agnue , Thomas Fox , and Thomas Gale , where indicted for that they, on the 4th of January , did utter and publish as true a certain false forged promissary note of hand, for the payment of 25 l. 4 s. with intent to defraud Elizabeth Agnue , widow .
Richardson. I have many a time. (He is show'dAndrew Agnue wrote his name to it, I saw him. (He is show'd another) The body of this is my clerk's writing; the name, Andrew Agnue , is the Captain's own writing, but I did not see him sign that. (He is show'd the note mention'd in the indictment.) The name to this is not the Captain's writing nor part of it; it is as much different as any two hands can be.
Q. from the Prisoner Agnue. Did you ever hear the Captain talk of me?
Q. Have you ever seen him write?
Steward. I once saw him write a letter in my lodgings, at my table, and afterwards he gave it to me, and I read it; his name was to it, I know his hand writing as well as I know my own.
Q. When did he die?
Steward. He died on the 1st of May. (He is shew'd several papers.) Two of these are my hand writing : the note mentioned in the indictment is not my writing.
Q. Is the name to that his hand writing?
Steward. It is not at all like his; here is not a letter in it like his writing; I used to be extreamly intimate with the captain for many years.
Steward. No, I never did; after this affair broke out the widow asked me if I knew a person of that name; I said no, but desired she would send him to me, thinking, had the Captain had such an acquintance, I must know him, but he never came.
Q. Have you seen him write his name?
Mackenzey. I have; I have been witness to several deeds; I have also here two letters he sent to me. (They are compared with the names on some notes before produced, and the names agree, he looks upon the notes, and says the names are Captain Agnue 's hand writing: he is shewed the note mentioned in the indictment.) I dont believe any part of this is the Captain's hand writing: I dont think, had the Captain endeavour'd to have wrote like this, he could have done it. (It is to be observed the body and name are two different hands.) Neither the body or name are like the Captain's writing, far from it.
Q. from the prisoner Agnue, to Colonel Steward. Did the Captain give a petition for you to carry to the Duke of Cumberland for me?
Steward. I never heard of the prisoner's name in my life, till I heard from Mrs. Agnue he had been at her house, I knew not of any such petition.
Mackenzey. He died the 1st of May, his wife is his lawful executrix.
Michael Wilson . I have been servant to Mrs. Agnue from March last; the prisoner Agnue came to her house last May with a letter, and asked if Mrs. Agnue was at home. (He is shewed a letter.) I am sure this is it: I told him my mistress was at home; he bid me give that letter to her; I did, she read it, he staid for an answer; Mrs. Dunbar, her mother, who lives with her, came out, and asked him where this Barnard Agnue was, which name was to the letter, he said he was then at Spring-gardens.
Q. from the prisoner Agnue. Did that witness hear any talk then about money?
Wilson. I dont remember any thing more said than what I have mentioned.
Wilson. No, not a word about you.
Wilson. I was with the Captain a week before he removed from thence.
John Casterd . I have been servant to Mrs. Dunbar, going on three years; the Captain died on the 1st of May; Mrs. Dunbar lived with the Captain at the time he died, I saw the prisoner at the Captain's house the day after he was buried; he wanted to know of me where the Captain was buried ; I asked his reason for asking, he said he was a relation to him, and his name was Agnue; I told him he was buried in the family vault of Mrs. Dunbar, near Moorfields.
Q. Had you ever heard before of any such relation ?
Casterd. No, Sir, I never did, he said there was a bill of 24 l. (to the best of my knowledge) that Mrs. Agnue, had of his on the account of a law suit; I told him if there was any such note, Mrs. Agnue would honourably discharge it?
Q. How long did the captain live with Mrs. Dunbar in Mincing-lane?
Casterd. About six months, and had moved from thence about six weeks before he died: the prisoner came to the Bell in Mincing-lane, as nigh as I can recollect, January was twelve months :
Q. Did he talk of being related that first time?
Casterd. No, he did not.
Q. Had you ever heard of him before?
Casterd. No, Sir.
Q. Did you acquaint your master he had been there?
Casterd. No, my Lord, as he had not told me his name nor his business, I did not speak to my master about him.
(To prove that part of the indictment, where it is said with intent to defraud Elizabeth Agnue , widow, the letter of administration was read, dated August the 1st, wherein it appeared Elizabeth Agnue , widow, and relict of Captain Andrew Agnue , was the real executrix, &c.)
Mr. Mackenzey. I was ordered by Mrs. Agnue to order Mr. Dagg, to enquire into the truth of this note, she not allowing it to be a note of her husband's: Mrs. Dunbar had shewed me a letter, signed John Saunders , that came, demanding payment on this note.
John Saunders . I have known Barnard Agnue about two years, and the other two prisoners about two months: Barnard Agnue applied to me about the latter end of December, and brought this note; (holding up the note, mentioned in the indictment, in his hand) he wanted me to recover the money due upon it, of Andrew Agnue 's widow. Some time after I called at her house in Great-Marlborough-Street: I met with Mrs. Dunbar, who said, the Captain never owed Barnard Agnue a shilling in his life: I told her I had such a note, and shewed it her: she said she believed it was not his hand-writing : I said the body of the note might not: she said the name was not. In a day or two the prisoner Agnue came to me to know whether I had got the money upon the note: I told him I had not: I asked him how he came to put such a note as that into my hands, for it was a bad note, and not Mr. Andrew Agnue 's handwriting : he then said he could bring two or three witnesses to prove it was his hand-writing, and also the money lent at the same time.
Q. from the prisoner Agnue. Did I not say it was money to carry or a law-suit?
Saunders. I think he did say it was, and that he said he lent the money at the Lebeck's-Head in the Strand, and that the note was drawn by Andrew Agnue : I desired h e would bring these witnesses to me: he came again in a night or two, and brought me the names of the two witnesses. which were Thomas Fox and Thomas Gale : I went with him to them at a public-house in a back parlour in the Old-Baily, which was the first of my seeing them: I asked them if they knew of Barnard Agnue 's lending the other any money? they said they did know such a man, and that they saw him lend the money at the Lebeck's-Head in the Strand, about the beginning of February.
Q. Did you produce the note to them?
Q. What did Gale say?
Saunders. They did not then, but they did at the time they were taken up. After this I wrote a letter to Mrs. Agnue to let her know I had satisfaction from two witnesses, which I had seen, that told me they saw the money lent and the note signed, and desired she would appoint some person to enquire into it, or I should bring an action for the money, &c. After this Mr. Dagg came to me, to whom I delivered the note, upon his giving me a receipt to return it on demand: he desired I would appoint the three persons to meet him, and some others to enquire into it, saying, if he found the note a true one, he would pay it; he said he did not know Captain Agnue , and was not certain as to his hand-writing, but by the appearance of it, it was not the Captain's hand-writing: I appointed to meet at the Rose Tavern without Temple-Bar: we met there, I think it was on the 4th of January: Mr. Dagg brought Mackenzey and Mr. Welch with him: the note was then produced by Mr. Dagg, and he asked him such questions as he thought proper: then it seemed clear to me, that their answers agreed in this, that they saw the money lent. (The note read.)
London, February 3, 1751.
Saunders. No, my Lord, I never did.
Dagg. I was appointed to enquire after this note : I went to Mr. Saunders's, he was not at home the first time; I left a message that I had been there in relation to a note, which he had demanded payment of on Mrs. Agnue; he came to me the next day at my desire, and gave me the note upon my giving him a receipt to return it upon demand.
Saunders. Yes, it is.
Dagg continues. I believe in a day or two after he came to my chamber, and told me the names of the two Witnesses Fox and Gale,; as soon as I heard their names, I began to suspect the thing, (having heard of them before) then I appointed Mr. Saunders to meet me at the Rose Tavern with them; I told him if these men appeared men of reputation, and could prove that the money was advanced by Barnard Agnue to Capt. Agnue, and the note signed, my client should pay the money; in the mean time I went with Mrs. Dunbar and Mrs. Agnue to Justice Fielding's, and laid an information against Barnard Agnue ; he granted a warrant; then I took Mr. Welch and Mr. Mackenzey with me to the Rose Tavern ; we had not been there long before the three prisoners and Mr. Saunders came in, this was on the 4th of January. I first produced the note to Mr. Saunders, and asked him whether that was the note he gave me, and whether Barnard Agnue did give it him? he told me it was, and he had it of him. I then asked Barnard Agnue whether Capt. Agnue gave him that note, and whether he had given value for it? he said, yes, and made some protestation, what it was I can't exactly recollect, was it the last day he had to live, or something like it; he said the money paid by him, to Capt. Agnue, was 24 guineas, in order to carry on a law suit.
Q. What did you understand by that?
Dagg. I understood him that he had deposited it in the Captain's hand, in order to pay the expence of a law suit which was coming on. Then I examin'd Fox, he told me he was a Surgeon in Cornhill, at the sign of the Wheat-Sheaf, and that on the 3d of February he was drinking with Barnard Agnue at the Lebeck's Head in the Strand; that Capt. Agnue came in, and he saw Barnard Agnue advance to Capt. Agnue 24 guineas, and saw Capt. Agnue sign the note which I had produced. I then examined Gale; he said very little but this, I can swear the same to every thing that Mr. Fox has said; he said also he was a Broker, and liv'd behind Guy's Hospital.
Q. Did you shew them the note?
Dagg I think Fox took it out of my hand as I held it ; I shew'd Gale the note, he looking upon it said, he saw it signed by Capt. Agnue. I kept the note, and charged Mr. Welch with the three prisoners. I was with them before the Justice of Peace, they were examined separately; they agreed in this, that they were all three at the Lebeck's Head with Capt. Agnue when he signed the note and received the money; that they were drinking a pint of hot red wine; I knowing he had not drank red wine for some time before he died, I asked whether he drank one or two glasses, they could not tell; they all gave a different account of their coming there; one said Capt. Agnue and they came together; another said they met him as they were going in, and another said they came separate.
Q. to Colonel Steward. Had Capt. Agnue us'd to drink red wine lately?
Col. Steward. He drank no red wine for a year and half before he died.
Q. from Gale. Did not I say, I did not know Capt. Agnue?
Dagg. He did, before the Justice; but he had owned before he had seen Capt. Agnue sign it. I wanted him to be an evidence; he said, if I would put him on the back of the bill, he would do what service he could; said I, can you prove the forgery? he said he could not.
Mr. Webb. I am the High Constable of Holborn division: I was at the Rose Tavern : I can only say what Mr. Dagg has said, which I know to be truth. Fox, as a confirmation, said, the piece of paper, on which the note was wrote, was taken out of his pocket-book, but there was no pocket-book produced.
Mr. Mackenzey. What Mr. Dagg has said is the truth of the case. Fox said he knew the Captain very well, for he was the son of Sir Andrew Agnue , Bart. Barnard Agnue said he had been the first man that had sent an account into Scotland of the Captain's death to his friends, and had been of very great service to the family; this he said to satisfy us that he knew him.
I went to Capt. Agnue, when he return'd from Gibraltar, to one Mr. Syms's to pay my respects to him, we being acquainted. I told him what the Duke of Cumberland had proposed to do forJohn Miles , an attorney, had got my money, and had kept it two years, and I wanted him to help me to another: I offered him my papers to look at; he told me he never employed any attorney in London: said I, if you don't know of one, will you preserve this money for me; he said he'd do me all the favour possible : I gave him it: he said, I'll give you a memorandum: said I, if it was for a thousand pounds, I am sure of it; there was a young gentleman with him said, yes, you shall have a memorandum: he called for a pen and ink and gave it to the gentleman, I never minded it more till he handed me the paper.
As Mr. Gale and I were coming from Chairing-Cross, Mr. Agnue called me in at the Lebeck's Head, where I saw the gentleman whom they called Captain ; they were busy in talking together; he asked about money, whether it was giving or receving, I cannot tell, it was not my business; I saw some money deposited on the table, how much, or the use of it, I cannot tell. I can say no more, I may as well be hang'd for nothing.
There was some money on the table, but for what I can't tell; afterwards he said there were twenty-four guineas; it was something about a law-suit; I am pretty old and my memory fails me; I never saw the Captain before in my life.
Ann Shepherd . I live in Drury-lane, and Mr. Agnue lodged where I lived ; he came home one time either in April or May, and seemed very much surprized; he sat down and said, Lord, I am very ill, Nanny, I have met with a very great surprize, I have been out and have heard Captain Agnue is dead: I have lost one of my best friends, and I fear all my money too. I have known the prisoner about two years, and never heard any ill of him.
Q. Where do you live?
A. Shepherd. In Vinegar-yard, Drury-lane, and lodge with Mrs. Scot.
Q. Did the prisoner Agnue lodge there?
A. Shepherd. No, Sir, he lodged where I had lived servant eight or nine months ago.
Q. What is he?
A. Shepherd. He is a gentleman come from sea, I can't tell what business he follows.
Jane Tase . I some times go to service, otherwise I go a chearing or ironing: I knew Agnue, I worked for him when he kept house: I heard him say he had a demand on this gentleman, and has put people off when they have come for money, upon account of the money demanded of him by people.
Q. Did he name the gentleman's name.
Q. What business does the prisoner follow?
Tase. He follows none at all as I know of, he kept a private house, and lived genteely and decent.
Christopher Kelly . I am a piece of a surgeon and a licensed physician: I have known Agnue three years: he has been very ill, and I visited him; he had a trial at Guildhall, and carried his cause for an action of an assault by his captain, and recovered twenty pounds: I know nothing of him, only being employed for him when he was ill; he now owes me eight guineas.
Dionies Denavove. I have known Gale about a year and half; he lodged at our house: I saw no harm by him while he lived there.
Thomas Hall. I live in Short's-Gardens: I have known him above seven years: I never heard any ill of him before this: I have had little knowledge of him for the last year.
Fox called no witnesses.
All three Guilty , Death .