189 (L.) William Boodger was indicted for forging an inland bill of exchange, purporting to be signed by James Goring , beating date at Covenhen, Feb. 1, 1758. For the payment of 40l. to James Ellis , or order, and for publishing the same knowing it to have been forg'd, with intention to defraud , Feb. 7 . +
Robert Nowell . On Saturday, the 14th of February last, the prisoner at the bar came to Mr. Thomas Richford 's, a peruke maker in Blossom's inn-yard, in a post-chaise with one Mr. Tindal. I was then shaving; he appeared to me to be just come to town. Mr. Richford went out of his shop to welcome Mr. Tindal to town; he took the prisoner to be Mr. Tindal's friend: after I had been shav'd, I went into the kitchen, (I lodg'd there) where was Mr. Tindal and the prisoner at the bar. Mr. Tindal soon went out, the prisoner staid there relating to Mr. Richford their travel on the road; after that he said to the maid, pray shew me my lodging, which she did; about a quarter of an hour after he return'd to the kitchen, and made no stay but went out of the house. I saw his things unpack'd; some linen and wearing apparel. On Sunday the 5th, while I was at breakfast in the kitchen, I saw Mr. Tindal and he go out together: I saw no more of him till as breakfast the day after about nine o'clock, he had been out all night. After he had made some apologies for his staying out, he went to his room, I went to mine; the maid was making my bed. She said the captain, meaning the prisoner, has taken a pen out of your inkstand. She had hardly spoke these words before he return'd with the pen in his hand, and said Mr. Nowell, I hope you'll excuse the freedom I have taken in taking your pen out of your room; he perceiving some knit breeches pieces lying on the table, ask'd me if I dealt that way. I said I bought them for friends in the country; he ask'd me if he might have a piece, I told him he might, he chose out three of them, and ask'd me the price, I said eight shillings each; he desir'd me to put them aside for him. He took out some silver from his pocket, and said he had not cash enough; but I have a note upon my agent if you can give me cash for it. I told him I could not conveniently: he said I should have receiv'd this money on Saturday: but I did not choose my agent should know of my being here, least the lieutenant colonel should know of it. He ask'd, who it was best to send it by, I said a porter if it was one that he knew; he said I am a stranger in town. Then I said you had better employ a ticket porter; he shew'd me the note (produc'd in court) this is it. Pray, sir, said he, are not you going to that part of the town. I said I believ'd I might in the afternoon; then sir, said he, I should be oblig'd to you, if you'll please to take it and receive the money for me. I said I would, and took the note with me; but whether I call'd that afternoon or the next day I am not certain. When I came to my lodging, Mr. Richford told me he had receiv'd a letter from the captain, desiring to know whether I had receiv'd the money for the note, if I had to bring it him to the Five Bells tavern, near the New Church in the Strand, where I went and paid it to the prisoner, deducting twenty-four shillings for the breeches pieces; having receiv'd it of John Colecraft , Esq; and gave a receipt for it. (Here it is on the back of the bill.) He reads, receiv'd for Thomas Gordon , witness, Robert Nowell . Mr. Tindall being in the kitchen, call'd him by a name which I took to be Gordon, and on my seeing some letters of the prisoner's lying on the table, to captain Thomas Gordon , which he took out of his portmanteau. (The bill read)
Conventry, Feb. 1. 1758.
On sight hereof, please to pay to Mr. James Ellis , or order the sum of forty pounds, value receiv'd, and place it to the recruiting account, by your humble servant James Goring , captain of the twenty fourth regiment of foot.
Q. Was not you yourself sometime charged with this?
Nowell. I was.
Q. Should you imagine if he had known this bill, to be a forg'd bill, that he would have met you at the Five Bells tavern ?
Nowell. From the bill I had no doubt, but that it was a fair bill; it might have deceived any man in the course of business.
Q. Did you meet with the prisoner at the Five Bells tavern ?
Nowell. I did, as Mr. Richford had given an account of.
Q. Do you know what regiment the prisoner belongs to?
Nowell. No; only by the bill, and that I took to get the money for him as he was a stranger.
Q. Look at this Bill, (he takes it in his hand.)
Massey. I paid this bill.
Q. Who does this import to be drawn by?
Massey. By one captain Goring.
Q. Does it look like captain Goring's handwriting?
Massey. At first I did not observe it, but now I know it is not his hand-writing.
Q. Have you effects of captain Goring in your hands?
Massey. We have?
Q. Have you seen him write?
Francis. I have.
Q. Do you know his hand-writing?
Francis. I believe I do.
Q. Look at this bill.
Francis. I think this is not his hand-writing.
Q. have you seen him write his name?
Francis. I have very often: I never saw him write his christian name at full length as here.
Q. Supposing the christian name was not at full length, is there any thing different from his?
Francis. I do not think it is at all like his handwriting: I should not take it to be his writing.
Q. Supposing the initial letter of his christian name had been here alone, should you not have taken it to be his hand-writing?
Francis. No; I should not.
Q. Are you well acquainted with his handwriting?
E. Goring. I am extremely well acquainted with it: I have seen him write often.
Q. What is your opinion of this? (She takes it in her hand).
E. Goring. I think this very different from his hand-writing; I don't believe this to be his writing. I never knew him to write his name, James, at length.
Q. Have you any other Reason to believe it is not his hand-writing?
E. Goring. I believe I should not have taken it; it might have gone unobserv'd, according to his own letters which I have here, I don't think it is his hand-writing.
Q. Supposing the word James was not wrote at all, and Goring only wrote, should you have known it not to be his hand-writing?
Q. Have you seen him write?
Grayson. I have only once, that in Feb. 1757.
Q. What did you see him write?
Grayson. I saw him write his own name; he gave an order on the agent for the payment of money.
Q. Look at this bill. (He looks at it.)
Grayson. I can't say it is quite like his handwriting, I have here of his, (producing another bill).
Court. Compare them together; it appears the word place to account, in both are spelt alike, pleace.
Grayson. (He looks on both.) They are spelt alike, but I can't pretend to say, having seen him write but once. (They jury look at them both.)
Q. Where do you live?
Richford. I live in Lawrence-lane by Guild-Hall, I suppose the prisoner asked him if he
Q. While he was at your house did you receive a letter from him?
Richford. I receiv'd a letter from him, setting forth he should not come home that night; and, he in it, desir'd I'd tell my lodger, he expected he would send the two pieces: (which I apprehended to be the knit breeches pieces) he mentioned nothing of money in it. I remember his saying Mr. Nowell had forty pounds of his.
Elizabeth Solomon . I was servant to Mr. Richford, when the prisoner was at our house; he went by the name of the Captain. I was once making Mr. Nowell's bed, and the captain came into the room and borrow'd his pen and ink; he ask'd where the gentleman was that belong'd to that room; I said, I believed, he was in the shop. Mr. Nowell came up, and they stood talking together a good while. I look'd into the room again, and saw the prisoner holding a piece of paper, as if he was going to give it Mr. Nowell, but I did not see him deliver it. I remember his coming in and asking my master if he had seen Mr. Nowell; and, I think, my master said he had not seen him since morning; the captain said he had given him a no te, and he must go and see for him.
The prisoner was ask'd if he had any thing to say in his defence? He said he had nothing to say.
Guilty of publishing it, knowing it to be forg'd , Death .