Nicholas Campbell, Deception > forgery, 16th January 1761.

Reference Number: t17610116-29
Offence: Deception > forgery
Verdict: Guilty
Punishment: Death

66. (M.) Nicholas Campbell , was indicted for feloniously, falsely making, forging and counterfeiting, and causing and procuring, and willingly acting and assisting, in making a certain promissory note, for the payment of 1350 l. with the name Joseph Pearson thereunto subscribed; purporting to be signed by the said Joseph, January 19, 1758 ; and for publishing the same, well knowing it to have been forged, with intent to defraud the said Joseph , &c.*

Benjamin Leicester. I went with Mr. Pearson, the prosecutor, to Wilderness walk in Chelsea, to see a little house that was to be sold by auction. I gave him my opinion of it.

Q. When was this?

Leicester. I think it was sometime in June last; we viewed the house, and talked about Campbell all the way we went, and he seemed to be utterly unacquainted with him.

Q. When was the house put up by auction?

Leicester. I believe it was the 28th of June, I cannot be certain.

Q. Who was auctioneer?

Leicester. Mr. Gibson was. I went there along with Mr. Pearson and Mr. Den, we were in the room some time before Mr. Campbell came.

Q. Did Mr. Pearson bid at this auction?

Leicester. No; he did not; I did by his direction.

Q. Did Mr. Den bid?

Leicester. I believe he did not.

Q. Was Mr. Campbell, near Mr. Pearson, in the room?

Leicester. No; they were at some distance, Mr. Campbell came into the room almost by him, I did not see him take notice of him, as if he knew him, not the least in the world; and indeed I believe they were strangers to each other.

Cross Examination.

Q. Do you believe they did not know one another?

Leicester. I do not believe they knew one another.

Ann Gascayne . I am a relation to Mr. Pearson, I have lived with him as house-keeper, this five or six years.

Q. Have you been conversant in his transactions in money affairs?

Gascayne. I always was privy to his either borrowing or lending.

Q. Do you know Mr. Campbell?

Gascayne. The first time. I ever saw him, he came to the George, about the fourth or fifth of September last, to borrow 20 l. of Mr. Pearson.

Q. Can you take upon to say you never saw him before the fourth or fifth of September last.

Gascayne. I can.

Q. Is Mr. Pearson a man of worth?

Gascayne. He is; Mr. Campbell had borrowed 40 l. of him before.

Q. How do you know that?

Gascayne. Mr. Pearson told me so.

Q. Did you ever see Campbell write?

Gascayne. No; but I saw the note for the other money.

Cross Examination.

Q. Is Mr. Pearson a man of credit and circumstance, able to answer such a sum as 1350 l.

Gascayne. He is.

Q. Do you know any thing of Mr. Campbell's circumstances.

Gascayne. I know nothing of that.

John Norman . I am waiter at Bridge-street-coffee-house, in Bridge-street.

Q. Do you know the prisoner at the bar;

Norman. I do.

Q. Do you know Mr. Pearson?

Norman. I have seen him two or three times, I know him very well.

Q. Do you remember at any time, and when, Mr. Pearson and the prisoner at the bar being at Bridge-street-coffee-house?

Norman. As near as I can recollect, it was on the 12th or 13th of last December.

Q. Why do you remember the time?

Norman. The reason I remember it is, I had a letter from out of the country, and Mr. Campbell sent me out for some paper, and I brought some paper to answer his purpose and mine too; the first I brought, he did not like, it was not fine enough; then he sent me out for some thin paper.

*** The Last Part of these Proceedings will be published in a few Days.

Old Bailey Proceedings front matter, 16th January 1761.

Reference Number: t17610116-29

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Friday the 16th, Saturday the 17th, and Monday the 19th of January.

In the first Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Hobble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART III. for the YEAR 1761.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LXI.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

Q. WAS Mr. Pearson with him then?

Norman. He was.

Q. Were any body else there?

Norman. There was another gentleman in the room, but I don't know who he was.

Q. When you brought the paper, what did you do with it?

Norman. I laid it on the table, Mr. Pearson was on one side of the table, and Mr. Campbell on the other; there might be twelve or fourteen guineas laying on the table: after that I went to the bar, and when I came back again there was a note wrote.

Q. Who wrote it?

Norman. I think the prisoner wrote it.

Q. Did you see t he pen in Mr. Pearson's hand?

Norman. No, I did not: when I came there that time I heard Mr. Campbell reading, I heard him mention the sum of seventy-four pounds odd, I cannot say the sum.

Q. Who was the note delivered to?

Norman. Mr. Campbell read it, and laid it down to Mr. Pearson; Mr. Pearson was telling money on the table, as if it was for Mr. Campbell.

Q. Why do you think so?

Norman. I think it was by the reading of the note.

Q. Did you see Mr. Pearson take the note up?

Norman. No.

Cross Examination.

Q. Was Mr. Pearson telling the money as receiving it or paying it?

Norman. I thought by his laying it down he was paying it.

Q. Who was that other gentleman that was present?

Norman. I cannot say, I do not remember who he was; I think he was a stranger.

Q. Was he there before they came in, or after?

Norman. He was there before they came in.

Q. Was he at the same table with them?

Norman. No, he was not; he was no part of their company.

Q. Whereabouts in the room were they?

Nelson. They were sitting just by the fire.

Sir Thomas Reynolds . I know Mr. Campbell, I went to meet him at the Mitre and Dove, he sent to me to come there.

Q. When was that?

Sir. T. Reynolds. It was on the 13th of December last; there was a person with him that I did not know then.

Q. Do you know him now?

Sir T. Reynolds. Yes, it was Mr. Pearson: I staid there about a quarter of an hour, we went out all three together, I went to the right-hand, and they at a distance to the left; they had some discourse which I thought I had nothing to do

with. As soon as they had ended their discourse Mr. Campbell came up to me, and said he owed that gentleman a sum of money.

Q. Do you recollect the sum?

Sir. T. Reynolds. To the best of my remembrance it was about 70 l.

Cross Examination.

Q. Do you know Mr. Campbell's circumstances?

Sir T. Reynolds. No, I do not.

Q. How long have you known him?

Sir. T. Reynolds. I have known him about two years.

Q. What is his character?

Sir T. Reynolds. I never knew any thing to his discredit, I thought him a man of a fair character.

William Ray . I know Mr. Campbell by sight.

Q. Do you know Mr. Pearson?

Ray. I do by sight.

Q. Do you remember seeing them together any where?

Ray. I saw them together at the Mitre and and Dove in King-street, Westminster.

Q. When was that?

Ray. As near as I can remember it was the 16th of December; they were there before I went in. I went to dine there, they were talking about some money-affairs.

Q. Do you remember what sum?

Ray. As to any sum I cannot tell. I apprehended Mr. Campbell, by his talk, might be indebted to Mr. Pearson. Mr. Pearson desired he would give him some writings, some title deeds of some estate that he had near Chelsea; which Mr. Campbell refused: but he proposed to sell him the house. They could not agree about that: then Mr. Campbell proposed one to take one man, and the other another, and set a moderate price upon it. Mr. Pearson said, If we cannot agree about that affair, will you appoint any day when you will pay me the money? and I will not insist upon taking any interest. The sum I never heard mentioned.

Jane Doe . I live at the Red Lion in Bow street, by Westminster-market.

Q. Do you know Mr. Pearson?

J. Doe. I do.

Q. Do you know Mr. Campbell?

J. Doe. I do.

Q. Did you ever see them together, and when?

J. Doe. I remember I see them both together, and that was the first time, but I cannot tell exactly when. I believe it was about the sixteenth of December.

Q. What day of the week?

J. Doe. I think it was on a Monday. They came in together, and called for some rum and water: they desired me to get a sheet of paper.

Q. Which of them desired that?

J. Doe. One of them, I don't know which: I got the rum and water, and came with it.

Q. What room were they in?

J. Doe. They were in a little back room on the ground floor.

Q. Was any body else in the room?

J. Doe. No-body but themselves. I got them paper, and pen, and ink: they desired a bit of bread and cheese, I got it them, and by this time Mr. Campbell had wrote several notes, and Mr. Pearson did not like them.

Q. How do you know that?

J. Doe. Because I saw them on the table, and I saw Mr. Campbell writing them before I left the room, and I came into the room afterwards, I attended on them several times; he had wrote one sheet out, and Mr. Pearson did not like any of them, and desired I would get another sheet of paper.

Q. What reason did Mr. Pearson give that he did not like the notes?

J. Doe. He said Mr. Campbell did not spell it right.

Q. Did you get another sheet?

J. Doe. I did, and brought it into the room.

Q. How long did you stay?

J. Doe. I did not stay many minutes. Then Mr. Campbell said to Mr. Pearson, Do you write the note. He wrote something I know for Mr. Campbell to sign. I think Mr. Pearson went into the yard, and when he came in again, Mr. Campbell gave him the note, and Mr. Pearson did not like it. I was called to, to get a pot of beer, and as I was coming up stairs, I heard a great noise. Mr. Pearson called out for a constable, I went into the room, and took the bowl off the table, fearing it should be broke. There were some papers then burning in the fire, that had been flung in, what the contents were I cannot tell.

Q. At this time did you hear Mr. Pearson accuse Mr. Campbell?

J. Doe. I heard Mr. Pearson say he had lent him so much money, but how much I cannot tell; and Mr. Campbell called Mr. Pearson several names, he called him usuring dog, and said he did not owe it him.

Q. Did you hear Mr. Pearson say how much he owed him?

J. Doe. No; the last words I heard Mr. Pearson say was 7 l. Mr. Campbell called him usuring dog, and said he had had two pounds for the use of it. Mr. Pearson said he had lent Campbell seven pounds last, to make the money up seventy-two or seventy-four pounds, I cannot tell which.

Q. Can you recollect whether there was any complaint made about burning a note?

J. Doe. Yes, by Mr. Pearson; he said the rogue had burnt his note, and called for a constable. Mr. Campbell said Mr. Pearson had used him ill, and if he had his sword he would run him thro' for his detaining him.

Q. Did Mr. Pearson mention those words, to make up seventy-two or seventy-four pounds.

J. Doe. I heard the words to make up, and I heard him speak of seventy-two or seventy-four pounds; but Mr. Low can remember better than I, he came to my assistance when the gentleman called out for a constable.

Q. At that time did Mr Campbell pretend that Pearson owed him any money?

J. Doe. Yes, Campbell said the rogue had borrowed money of me, and Mr. Pearson said he never borrowed a farthing of him in his life.

Cross Examination.

Q. What sum did Mr. Campbell tell Mr. Pearson he had borrowed of him?

J. Doe. I cannot tell.

Q. Did you not hear a great sum mentioned?

J. Doe. No, I did not.

Counsel. No sum above seventy-four pounds?

J. Doe. No.

Q. Can you recollect what it was that was said about seventy-four pounds?

J. Doe. There was such a noise between them that I cannot tell.

Counsel. You say Mr. Pearson said seventy-two or seventy-four pounds.

J. Doe. Yes.

Q. Did you hear the words mentioned, to make up seventy-two or seventy-four pounds, or did you conclude that within yourself?

J. Doe. I concluded that within myself.

Q. Whether there was any mention made of a sum of money to make up seventy-two pounds, or whether the sum seventy-two pounds was mentioned?

J. Doe. Seventy-two, or seventy-four, or seventy something, was mentioned by Mr. Pearson, but I cannot tell in what manner.

Q. Can you tell what the seven pounds were mentioned about?

J. Doe. No. I heard both Mr. Campbell and Mr. Pearson mention seven pounds.

Q. Are you able to recollect what was mentioned by Mr. Pearson about seventy-two or seventy-four pounds.

J. Doe. No; all I can recollect was the um.

Counsel. You say there were several notes wrote by Mr. Campbell.

J. Doe. Yes, I saw several laying on the table.

Q. Was any other objection made, except that of their not being spelt right?

J. Doe. I know nothing at all of any thing else; I heard no other objection.

Q. Were the words, Mr. Campbell had borrowed, or had money of him?

J. Doe. It was borrowed.

Thomas Low . In December last I was in the tap room at the Red-lion in Bow-street, when Mr. Campbell and Mr. Pearson were there; I did not know that any-body was in the back-room, till I heard a disturbance, and somebody call out for help.

Q. What did you do upon that?

Low. Upon that I ran into the room; there were Mr. Campbell and Mr. Pearson. Mr. Campbell wanted to go out of the room: they had hold of each other: Mr. Pearson said Mr. Campbell had borrowed seventy-four pounds of him, and (to the best of my knowledge) Mr. Campbell said he did not owe him the money.

Q. Did you see any note?

Low. There was a note of seven pounds ten shillings given from Campbell to Mr. Pearson; Campbell lifted up his stump arm, [Note, His left-hand was cut off at the wrist] and was going to strike Mr. Pearson. I got between them; Mr. Pearson said Campbell had borrowed of him seventy-four pounds, and he had burnt the note, and given him that note instead of it, for seven pounds ten shillings: then Mr. Herd came into the room; Campbell said the seven pounds ten shillings was more than he owed Mr. Pearson. Mr. Pearson said, You villain, how can you say such a thing when you know you had the money of me?

Q. Did you hear any demand made by Campbell at that time upon Mr. Pearson, that Mr. Pearson owned him a large sum of money, a thousand pounds, or the like?

Low. No. I did not hear any such thing.

Q. Did Campbell say any thing about Mr. Pearson owing him money?

Low. No, not a word.

Thomas Skerratt . I remember being at the Red

Lion in Bow-street, when Mr. Pearson and Mr. Campbell were both there.

Q. When was it?

Skerratt. It was in the evening I believe, on the 16th of December last.

Q. Do you remember any dispute between them concerning a sum of money and a note?

Skerratt. I heard a noise in the back room, I went in, there were Mr. Pearson and Mr. Campbell a quarrelling very much. Mr. Pearson said Campbell had burnt a note of his for seventy or seventy odd pounds; there was a note there of seven pounds ten shillings.

Q. Did you see it?

Skerratt. No, but I heard of it, and that Campbell had given him that note for a note of seventy odd pounds.

Q. Who did you hear it from?

Skerratt. From them both. Campbell owned he had given him a note for seven pounds ten shillings, and that it was more than he owed him, for he did not owe him above five pounds.

Q. Did any-body ask Campbell how he came to give so large a note for so small a sum?

Skerratt. I asked him, and told him it was good for nothing. He answered he was distress'd for want of money.

Cross Examination.

Q. Do you know Mr. Campbell's circumstances?

Skerratt. No, I do not.

Eleanor Stevens . I live at the Three Tuns in Tuston-street. On the 16th of December Mr. Pearson came to my house, about eight o'clock in the evening.

Q. Do you know him?

E. Stevens. That is Mr. Pearson. (pointing to him in Court.)

Q. Did he come alone?

E. Stevens. No, Mr. Campbell came with him. Mr. Campbell called for a private room; Mr. Pearson said, I do not choose to come in, you have abused me so much to-day. Upon that Mr. Campbell pushed him in before him, and called for a shilling's-worth of punch: while I went to make the punch Mr. Campbell locked the door.

Q. Did you see him lock it?

E. Stevens. No, I did not, but the key was found in his pocket three days after, and he brought it home himself, and his son came along with him.

Q. Did you hear the key turned?

E. Stevens. No, I did not.

Q. How do you know it was locked?

E. Stevens. I went with the punch to the door, and found it locked, and then I heard Mr. Campbell say to Mr. Pearson, You rascal, go immediately on your knees, and ask my pardon for what you have done, or else I'll stab you. I heard Mr. Pearson ask him if he had brought him in to give him his money; and Mr. Campbell d - mn'd him for a rascal, and said he ow'd him nothing.

Q. Did you hear any other expression?

E. Stevens. I stood at the door, and said, Gentlemen, open the door, hearing Mr. Campbell threaten the gentleman's life. Mr. Pearson said. I am not afraid of you, Sir, for I wear as good a sword as you. I called to Mr. Campbell to open the door, and said, What do you mean by locking my door? Mr. Campbell d - mn'd me for a bitch, and said he would not open the door. I called to Mr. Pearson to take a candle, and look upon the ground, and see if the key was there; Mr. Campbell said, D - n you, you bitch, I'll kick your a - e if you say I have locked the door.

Q. How do you know it was Campbell said that?

E. Stevens. I knew his voice. I went and broke a quarry in the window, to have the key given me out, but I could not get it. Then I called my husband, and Campbell struck the light out of his hand. Then I said, Give me the candle, and I'll go and light it, and see if he'll strike it out of my hands. Campbell stamp'd upon my husband's toes, and bid him search his pockets for the key. My husband said, No, I will not touch your pockets, perhaps you may have a charge of money about you, and you may swear a robbery against me. He struck my husband up against the glass.

Q. Do you remember John Bright and William Hudson being there?

E. Stevens. Yes. Mr. Hudson followed my husband in, and Mr. Campbell got out at the door, and would not pay for the liquor. Mr. Pearson said, Madam, I have no money in my pocket, but I'll leave my gold watch, and come to-morrow and pay you. I said, I will not have your watch, I'll trust you I remember Campbell going three times out of the room, and the last time he brought a woman in with him: the woman asked me what damage he had done; I said he had broke some china.

Q. Was this before or after Mr. Pearson was gone?

E. Stevens. This was before Mr. Pearson was gone, Mr. Pearson staid about two hours after. I

remember Mr. Campbell said, if he could not have the advantage of him then, he would when he came from duty at St. James's. [Note, Mr. Pearson is one of the gentlemen-pensioners.]

Q. What did this woman call herself?

E. Stevens. She called herself his sister; she pulled out some gold, and said, What damage has my brother done? I'll make you satisfaction.

Cross Examination.

Q. Whether either of them drew?

E. Stevens. No, I heard nothing of drawing in the case.

Q. Were they both in a great passion?

E. Stevens. No, Mr. Pearson was very mild.

Q. When did Mr. Campbell bring you the key of your room?

E. Stevens. He brought it three days after, and called for a shilling's-worth of punch, and asked me to drink with him.

Q. Did you know him before?

E. Stevens. No.

Q. Then how could you tell it was his voice?

E. Stevens. I knew it, because he stood at the door, and I could distinguish it.

William Stevens . I keep this house. I remember Mr. Pearson and Mr. Campbell coming into our tap-room. Mr. Campbell called for a private room. I laid a fire for them. Mr. Campbell called for a shilling's-worth of rum and water. After I had lighted the fire, I went about other business. My wife went to their room door, and it was locked. She called me.

Q. How long had she been at the door?

Stevens. I cannot say that; she said she could not get in; I said, Give me hold of the rum and water. I called to Mr. Campbell, and said, Please to open the door? He said, I will not you rascal. what do you want here? Said I, Please to open the door? I heard him abuse Mr. Pearson very much, bidding him down on his knees, and threat'ning to stab him. I said, Mr. Campbell, if you will not open the door, I'll break it open. Mr. Campbell said, now I cannot have my will here, the first time I see Mr. Pearson coming from St. Jame's, I'll do for him. He jumped on my toes, and abused me. I asked him for the key of the door; he said he would not give it me. After that he went out and fetched in a woman; he called her sister, and she him brother, and they went away together.

Q. Did you break the door open?

Stevens. I did.

Q. Who was in your house at this time?

Stevens. John Bright was, he followed them.

John Bright . On the 16th of December last I was at Mr. Stevens's house, Mr. Campbell and Mr. Pearson were there, and a woman was in company with Mr. Campbell; after the quarrel was over, Mr. Campbell and the woman went away together, and I went after them.

Q. Did you follow them close?

Bright. I did.

Q. Did you hear Mr. Campbell tell the woman any thing, and what?

Bright. This was in the Horse-ferry road, where I followed them; I heard nothing, and I went back again to Stevens's house, and the woman came back, and offered Mr. Steven's money for the injury Mr. Campbell had done. When she went out, I followed her out again.

Q. Did Mr. Campbell come back with her?

Bright. No, I went to the corner of Rumleyrow, there they were standing.

Q. How far is that from Mr. Steven's house?

Bright. It may be about 20 yards distance. I went past them, and heard nothing. I turned and went into the passage, that they might think I was some other man. I heard the woman say, What do you owe Mr. Pearson? he made answer 7 l. 10 s. or 70 l. I cannot tell which.

Q. What did he say to the woman, whether the debt was paid?

Bright. He told her he owed Mr. Pearson 7 l. 10 s. or 70 l. I do not know which.

Cross Examination.

Q. What are you?

Bright. I am a gardener.

Q. Did you know them both before?

Bright. I never saw Mr. Pearson nor Mr. Campbell before that night.

Q. How was the woman dressed?

Bright. She was dressed clean and decent.

Q. What led you to follow a gentleman and his sister?

Bright. Seeing Mr. Pearson in such a condition, I thought I would follow them; if they had went into an alehouse, I should have followed them.

Q. Had Mr. Pearson and you any talk together before this?

Bright. No, we had not changed a word together.

Q. How came it you followed them no farther?

Bright. I thought when I was past the alehouses, it was not worth my while to follow

them any farther, thinking I should not hear a ny thing.

Q. How came you to think a gentleman of his appearance should go into an alehouse?

Bright. He was then dressed very mean, not as he is now.

Q. What did you do after this?

Bright. Then I went and told Mr. Pearson of it, and he said Mr. Campbell owed him 70 odd pounds.

Q. Have you been better acquainted with Mr. Pearson since?

Bright. I never saw Mr. Pearson from that time, till Wednesday last.

Samuel Jefferys . I know Mr. Pearson and Mr. Campbell; I have known the latter 20 years.

Q. Do you remember seeing this note at any time? [The note laid in the indictment put into his band.]

Jefferys. Yes, I saw this note in my house?

Q. When?

Jefferys. This was the day after they were in my house, and had a dispute there. Mr. Campbell came and said, Mr. Jeffery's. have I done you any damage? I said, no. He said, This rascal, now look at this note, he owes me so much money. I looked slightly at it, I believe this is the thing, it was for 13 hundred and odd pounds.

Q. When was this?

Jefferys. I believe it was on the 17th of December; it was the day after burning the note at my house. He said, This man has used me ill, he owes me so much money.

Q. Did the note appear as it does now?

Jefferys. It did.

Q. Did you see sand on the writing?

Jefferys. Yes, there was some sand on it: I said, Gentlemen, how long will sand lie on a note after it has been wrote. Mr. Hord was there, he knows more of it than I do.

William Marshall . I am clerk at the bill of Middlesex-office. [He produced a file of affidavits.]

Q. Have you ever an affidavit there sworn before you by the prisoner at the bar, Mr. Campbell?

Marshall. Here is an affidavit. [separating it from the rest ] sworn by a gentleman that had but one hand, that is all I know of the gentleman; it was dark some time before the affidavit was sworn [he looks at the prisoner] I believe it was the prisoner at the bar: I always ask them whether their name is of their own hand-writing: he said it was.

Q. When was the affidavit made?

Marshall. It was made the 18th of December last.

Mr. Ironson. I am acquainted with the handwriting of Mr. Campbell.

Q. Look at this note for 1,350 l. the name Joseph Pearson ?

Ironson. The Jo in Joseph is drawn over with a black ink, the same that the body of the note is wrote with. The seph Pearson, are with a faint yellowish coloured ink; it seems to me that the name was wrote with that faint ink, and the Jo has been blacked, or drawn over since by the same ink that the body of the note was wrote with.

Q. Whether the Jo are not sanded with the same sand as the body of the note is?

Ironson. They are with the same sand, and the sand is fresh upon them two letters, and the body of the note.

Q. Whether there is any of that shining-sand on any other letters in the name besides the Jo?

Ironson. No, the other letters have no sand on them.

Cross Examination.

Q. Whether some parts of the body of this note is rather of a thinner ink, than other parts; that is, whether some parts of the body of the note does not appear thicker, and some thinner?

Ironson. Yes, but the body of the note seems to be wrote all with the same ink.

Q. Whether the sand is upon that part of the body of the note where the ink is thin, as it is where the ink is thick;

Ironson. To be sure there is much more of the sand upon the thicker part, than upon the thin; but there is some sand on different parts of the body of the note. [The Jury look at the note.]

Mr. Hulls. I went with Mr. Campbell to swear the affidavit.

Q. Look upon the affidavit?

Hulls. This is Mr. Campbell's hand-writing: [ Pointing to the name.]

Q. Did you see him swear it?

Hulls. I did.

Q. Was there a writ taken out in consequence of this?

Hulls. There was, I made out the writ against Mr. Pearson.

Q. Was he arrested upon it?

Hulls. I believe he was.

Q. Did you see the note?

Hulls. I did.

Q. Is this the note upon which that affidavit was made? [He takes the note for 1,350 l. in his hand.]

Hulls. This is the note Mr. Campbell shewed me, in order to draw the affidavit.

The affidavit read to this purport.

That Jos. Pearson is indebted to Nicholas Campbell , in the sum of 1,350 l. sworn 18 Dec. 1760, before Wm Marshall .

Josbua Brogden. I am clerk to justice Fielding, I remember the prisoner at the bar being before Mr. Fielding.

Q. Look upon this note. [The note for 1,350 l.

Brogden. [Takes it in his hand.] Mr. Campbell produced this note before Mr. Fielding, as a note of Mr. Pearson's: He said he wrote the body of the note, and Mr. Pearson signed it.

Q. Was Mr. Pearson present at the time?

Brogden. He was.

Mr. Sparrow. I am very well acquainted with Mr. Campbell's hand-writing, as to his signing of his name.

Q. Look on this note? [The note for 7 l. 10 s. he takes it in his hand.] Whose hand-writing do you believe the name to the note to be?

Sparrow. I believe the name to be the handwriting of Mr. Campbell.

Q. Whose hand-writing do you believe the body of the note to be?

Sparrow. I believe that to be his hand-writing also.

Q. Look on this note? [The note for 1,350 l. he takes it in his hand.] Whose hand-writing do you take the body of this note to be?

Sparrow. That I believe to be the hand writing of Mr. Campbell.

Sir William Beauchamp Proctor. I know Mr. Pearson.

Q. Do you look upon him to be a man of substance?

Sir William. I do.

Mr. Ring. I am acquainted with Mr. Pearson, I have transacted business for him as an attorney.

Q. What is your opinion of him as to his circumstances?

Ring. I take him to be a man of very good circumstances, and a very honest man.

Cross Examination.

Q. Whether he is not a gentleman that transacts affairs, that makes it necessary to borrow money sometimes?

Ring. I have made mortgages for him; he lends money sometimes.

Q. Does he not change money from hand to hand often?

Ring. I never knew him to shift money.

The note read.

Six months after date I promise to pay to Nicholas Campbell , or his order, One thousand three hundred and fifty pounds, with interest after the rate of five per cent, this 19th of January, 1758, for value received,

By me Joseph Pearson .

The council for the crown gave the jury to understand, that if the name Joseph Pearson was a forgery, it was an exceeding close imitation, and he should not contest it whether it was not wrote on a loose piece of paper by the prosecutor, and had fallen in the way of the prisoner, who might add the body above. And as the verdict depends much on the face of the note, we shall not be intelligible to our readers, if we do not describe it in the best manner we are capable.

Note, The paper, and the name Joseph Pearson, seemed to be some years old; the name in pale ink; the body of the note very lately wrote with black ink, and fresh sand on it; and also on the two first letters in the name Joseph. which appeared to have been drawn over with the same black ink, with which the body of the note was wrote; and the name Joseph Pearson stood close to the bottom corner on the left-hand.

Prisoner's Defence.

All I can say is, I am very sorry that ever I lent my money to such a worthless man, that now wants to swear away my life to get rid of the payment of this sum. He has trifled with me time after time, and never paid me any. I believe about the year 1756, was the first time I had an opportunity of knowing him. He came to my house, I was not at home the first time. The next time I was; he told me be let out money in different ways, and he could tell me how to lend my money in a different way, and get money in a more honourable way; and if I would lend him seven or 800 l. upon his note, he would give me a premium, and five per cent for my money. I said if he would call again in a fortnight or three weeks, I would consider of it. In that time he called again: then I told him I believed I could get him the money, if he would give me proper security for it; and I told him I had enquired after him, and believed he was capable, being a gentleman pensioner. He

said he had a good deal of money in stock at that time. At the same time I told him if he would call in a week or 10 days, I believed I could raise the money. I sold off some Bankstock, and Lottery-tickets, and agreed to lend him the money. He made an appointment to meet at the Golden-cross, Charing cross. There I lent him the money, and took his note for it. This was about the 20th of December 1756, it was 800 l in Bank-notes, and money. I had not seen him for some time. Then I met him in St. James's park; he said he had disposed of the money to good advantage, and said you need not be afraid of your money, it is in very good hands. We parted then, and in about 10 days time he came to my house, and said, if I could raise him 400 l. more, he would give me security for it. I told him I had some annuities and lottery-tickets; and if he would call again, I would consider of it. Then he came again, about the 16th of August: he met me at the Admiralty-coffee-house: I lent him 400 l. and he paid me the interest due on the former note. Then he gave me a note for 1200 l. After that he called again, and said he had disposed of my money, and had lent 1000 l. upon one of the new built houses in Cavendish-square; and he had made an advantage of the builder, that wanted money to go on with a building near that square. About the 1st of December 1757. he asked me if I would lend him another 100 l. or 150 l. I made him for reply, I had 250 guineas in the hands of a banker in Lombard-street, in order to buy a commission for one of my sons; and if the commission was not got, if he would call on me, I would let him have it. About the 20th, or 24th of December, he called again, and I agreed to lend him 150 l. He came to my own house; I happened to be at the lower end of Jew's row, at the Royal-hospital, at Chelsea; to the best of my knowledge this was about the 6th of January. He sent to the hospital for me. I provided the money for him. I brought the second note out of my iron-chest. We destroyed that note, and made that agreement that is produced here now. That was the 19th, or 17th of January 1758, compleating the sum 1,350 l. I wrote that note at home, at my own house, and brought it to the Royal hospital, and sanded it, and took and put it into my iron-chest, and never took it out till I went to get a writ to arrest him, after I could get no money of him, but 7 l. 10 s. Then afterwards, I think it was last February, I had a son bound apprentice to an apothecary and surgeon; he has served two years and a half of his time; he not liking his business, chose I should buy him a commission. I went to Joseph Pearson , and told him I wanted so much money: he said to me, My dear Mr. Campbell, my money is locked up in people's hands at this time, and if you want it now. I cannot get it out of their hands; but if you'll be kind enough to go to a broker and get it, I'll pay what expences may attend it. After that I met him and his parties going through Temple bar: he told me he would lend me 160 l. on a little place I have; whereupon I granted a mortgage upon it. After this I met him, and told him the expences was 9 l. 3 s. He said he had not money about him then, but he would pay me the next time we met, which he accordingly did. Then he pretended to say, he lent me 74 l. I can prove that I had two or 3000 l. of my own private property, without going to any body at all. I applied to him from time to time, but never could get any money of him. Then I begged he would give me a bond. He told me he would lodge a 1000 l. mortgage in my hands, but never did That mortgage was not till the 22nd of March 1761; but I was a little uneasy concerning this money, as I could get nothing of him, and having nothing against him, but a simple note of hand, he would make it appear I borrowed money of him; where's I never did, I can prove to the contrary. I am cruelly used and cheated by that vile villian Pearson. If what I say be not right, and if he did not sign that note, I never desire to get clear of prison, or appear before God Almighty. He came to my house afterwards, and cry'd and begged pardon; there were two other gentlemen in my house at the same time: he trembled at the door, and said he knew he had used me ill; and said to the gentlemen, For God's sake, if you have any interest with Mr. Campbell, intercede for me, for I know I have used him ill. And at the Two Fighting-cocks he took me up stairs, and treated me; and the next day he charged me with destroying a note of 7 l. 10 s. He proposed me to come and dine with me. I staid at home on purpose for him, and he never came. Then he came and told Mrs. Campbell, and my son, that he had promised to get me some money as soon as he could, but he could not get the money, but he would bring it the Saturday following. I said it was only trisling with me: I am very cruelly used, I assure you, If truth can be depended upon. My life I would not mind of a farthing. If you will indulge me so far as to call my witnesses, I will clear up the whole.

For the Prisoner.

William Barlow . I am clerk to Mess. Green and Davis, attornies, I have been acquainted with Mr. Campbell ever since the years 1742, and 1743, when I was in my clerkship at Southampton. I also knew him since I have been in London.

Q. How long have you been in London?

Barlow. I have been in London about 12 or 13 years; I came to London when Sir Samuel Pennant was lord-mayor.

Q. Do you know Mr. Pearson?

Barlow. I can't say that I do, very probably I might have seen him: I have borrowed money occasionally of Mr. Campbell, and paid 20 l. to him in the year 1756, a few days before Christmas. I was originally brought up a merchant, but have been under misfortunes. I returned large sums of money at that time, and borrowed money frequently of him, and honestly paid him again. In the payment of that 20 l. I had been under some inconveniences, which I am not ashamed to acknowledge in court. I think it was about the 20th of September 1756, he sent several messages to me, that he owed a large sum of money, about 800 l. to a certain gentleman.

Q. Was his name mentioned?

Barlow. No, it was not particularly mentioned, it was to be paid at Mr. Shaw's, the Goldencross, Charing cross; he said he had 800 l. to make up at that time I was there.

Q. Did you see him pay the money?

Barlow. I can't charge my memory with that.

Q. Do you recollect seeing him with any body?

Barlow. There were several other people in the house.

Q. Did you see the 800 l.

Barlow. No, I did not.

Q. Did you afterwards see a note of hand signed by Mr. Pearson?

Barlow. Mr. Campbell shewed me a note of hand, I think it was signed Pearson.

Q. What was the sum?

Barlow. I think it was for 800 l.

Q. When was this?

Barlow. This was the same night that I paid the 20 l. in the year 1756, in December.

Q. Do you know the christian name to the note?

Barlow. I do not.

Q. How soon after that time was it that he wed you the note of Mr. Pearson's for 800 l.

Barlow. It was at the same time, the same

Q. Where did he shew you the note?

Barlow. At the house of Mr. Shaw, the Goldencross, Charing-cross: he pressed me hard for the money, and said, if I did not pay him, he must be obliged to arrest me, and shewed me a note signed Pearson.

Cross Examination.

Q. Have you had frequent conversation with the prisoner about that 800 l.

Barlow. No, Sir, he found me out, and sent to me to know whether I remembered paying that money at such a time.

Q. When did he send to you?

Barlow. About a fortnight ago.

Q. Do you know Mr. Pearson?

Barlow. No, I do not.

Q. What had the shewing you this note to do with that of your paying your 20 l.

Barlow. He did it to shew me he did not press e for nothing: he said, You see I have a necessity for this 20 l. in order to make up 800 l.

Q. When was the note of 800 l. dated?

Barlow. That I cannot charge my memory with.

Q. Did he ever shew you any other notes?

Barlow. No, he never shewed me any other.

Q. How came you to recollect this of his shewing you a note four years ago, that the name was Pearson.

Barlow. I was to pay him 20 l. he said, You will not take it ill that I have threat'ned to arrest you for this 20 l. you see I have not extorted the money from you before the time; you see I have a large return, and here is the note so and so: this 20 l. was to help him to make up the 800 l.

Q. Whether your 20 l. was not to help make up the 800 l.

Barlow. I apprehend it did.

Q. To what purpose could this be, if he had the note then to shew you?

Barlow. You mistake me, he shewed me this note some time after I had paid him, it was the same evening.

Q. How soon after?

Barlow. It was about two hours after.

Q. You say you had occasionally borrowed several sums of money of him, did he lend them on bond, or a note?

Barlow. On a note.

Q. On what part of the paper did you sign these notes?

Barlow. [He takes a note in his hand, and pointed to the usual place at the bottom on the right-hand side.] Always in this place.

Q. Did you observe any thing in particular on that note that he shewed you?

Barlow. No, I am here in order to speak truth, and I will speak truth.

Q. Was it always the usual method he used with you, for you to subscribe the note in the usual place?

Barlow. Yes.

Thomas Perkins . I have known Mr. Campbell, 17 or 18 years.

Q. Do you know Mr. Pearson?

Perkins I do; I have known him 12 or 13 years.

Q. Have you been intimate with them both?

Perkins. No, not very intimate; I have seen them both, but not to converse much with Mr. Pearson.

Q. Did you ever see them together?

Perkins. I met them both in the Park, about last summer was 12 months.

Q. What months?

Perkins. The month of June or July was 12 months; they were in conversation together. I past by them, and put off my hat; I walked on, and Mr. Campbell followed me, and over-took me; and said, Do you know that gentleman I have been talking to; I said, very well, his name is Pearson, a very worthy man. Mr. Campbell said to me, he owes me upwards of a thousand pounds.

Q. Was Mr. Pearson then present, when he told you this?

Perkins. No; he was not.

Q. Did you ever see them together at any other time?

Perkins. I cannot recollect I ever saw them together, either before or after. I likewise might see them together last summer.

Cross Examination.

Q. Was you any way intimate with Mr. Pearson?

Perkins. No; no more than speaking to him in passing.

Q. What are you?

Perkins. I am a surgeon.

Q. Did Mr. Pearson, ever employ you in your business?

Perkins. No.

Q. Was you ever with him in company?

Perkins. I do not recollect I ever was.

Q. How came you to recollect this was that time?

Perkins. I recollect it by Mr. Campbell's telling me, he owed him a great deal of money: and I told him I was glad of it.

Q. Did you ever mention this to any body?

Perkins. I do not recollect I ever did.

Q. Did you ever see them two in company, where there was a third person?

Perkins. No.

Q. What part of the Park was this?

Perkins. It was on the back of St. James's-house, on the north side of St. James's-house.

Q. Were they walking or standing?

Perkins. They were standing, and I was going towards Westminster. I saw them before I came at them.

Counsel. If there were such money affairs, I should suppose there was a good deal of intimacy. I should imagine Mr. Campbell was often at his house; did you ever see him there?

Perkins. No; but very likely he might be there.

Q. What was Mr. Campbell?

Perkins. He was what was called a usurer at Chelsea-hospital, I have heard so.

Edward Parr . I am a stock-broker.

Q. Do you remember selling any stock for the prisoner at the bar, at any time about 56, 57, or 58?

Parr. I have known him many years, and have at times, bought and sold for him Bank-Annuities.

Q. Have you done business for him, from the the year 56, to January 58?

Parr. I believe I have, I could have told to a shilling, had I my pocket-book here. He always acted as a gentleman in performing his business.

John Stracy . I know Mr. Campbell by sight; but have no great acquaintance with him.

Q. Do you know Mr. Pearson?

Stracy. I cannot say I do, no more than seeing him to-day.

Q. Did you see Mr. Campbell in December last?

Stracy. No; I never did.

Q. Do you know any thing about the affair?

Stracy. No; I do not.

Thomas Moss . I saw Mr. Campbell and Mr. Pearson together, on the 16th of December last, at the Fighting-cocks, in Dartmouth-street, Westminster.

Q. At what time of the day?

Moss. About candle-light.

Counsel. Inform my Lord and the Jury when they first came in.

Moss. I sat in the bar; they asked for a room, I said, there is a room backwards with a good fire; to the best of my knowledge, it was Mr. Pearson said, they did not require a fire, for we shall not stay. They said, Is there a room up stairs? They called for a shillings-worth of punch, and a Welch rabbit. Said Mr. Campbell, I am in liquor; he appeared to be very much in liquor.

Q. How was Mr. Pearson?

Moss. He was very sober; they called for pen, ink and paper. I carried up a sheet of paper, and pen and ink; they seemed not to agree very well, they wanted to draw some notes; and asked me if I could do it for them; I said I could do such a thing to oblige them.

Q. What made you think they did not agree?

Moss. They had been attempting to write something, and seemed to have words. I heard them speak very loud to each other.

Q. Did you observe what the dispute was about?

Moss. It was about money; they had both been writing, they asked for fresh paper. I asked what it was to write; they did not seem very well to agree what it was to write.

Q. From whom was you to write the note?

Moss. Mr. Campbell said, it was to write a note from him to Mr. Pearson.

Q. Did you write?

Moss. I wrote so far as to ask them what sum I was to put down. Mr. Pearson said, upwards of 70 l. Mr. Campbell said, you are only to put 7 l. 10 s. and said, he wants to take the advantage of me, now I am in liquor. He owes me a large sum of money.

Q. Who did he say that to?

Moss. He said that to Mr. Pearson, you are taking the advantage of my being in Liquor, when you owe me a very large sum of money.

Q. Was any sum mentioned?

Moss. No; there was not.

Q. What did Mr. Pearson say to that?

Moss. He said, Landlord, you know nothing at all of our affairs; you must not take notice of what he says, for he is very much in liquor.

Q. Did he appear to be in liquor?

Moss. He almost reeled about, I think I made this reply. You had better settle your affairs when he is not liquor.

Q. Did Mr. Campbell say more than once, that Mr. Pearson owed him a large sum of money?

Moss. He did; he said it more than once.

Q. Mention his words as near as you can?

Moss. When Mr. Pearson wanted it to be drawn for 70 odd pounds, Mr. Campbell said, You know you owe me a much larger sum of money, and then repeated it again, you owe me a large sum of money.

Q. Did Mr. Campbell constantly insist upon it, during the conversation between them about this note that was to be given, that Mr. Pearson. was debtor to him a large sum of money?

Moss. Yes; he very often repeated it over.

Cross Examination.

Q. Was Mr. Campbell very much liquor?

Moss. He was much in liquor; but able to reason, and would not give a note for 70 l.

Q. Can you give a reason why he should agree to givea note for 7 l. 10 s. when Mr. Pearson owed him a large sum of money?

Moss. They shewed me the note for 7 l. 10 s. that Mr. Campbell had drawn that same day.

Q. Should you know that note again?

Moss. I should if I see it.

Q. Look at this note, [The note from Mr. Campbell to Mr. Pearson for 7 l. 10 s. put into his hand.]

Moss. This is the same note, to the best of my knowledge.

Counsel. You see this bears the same date, the same day.

Moss. It does; Mr. Campbell desired Mr. Pearson to pull it out of his pocket.

Q. If this note was wrote for 7 l. 10 s. to what purpose could he desire another to be wrote for 7 l. 10 s. at your house?

Moss. I do not know.

Q. Did you hear any thing about the spelling?

Moss. I know nothing of that.

Q. Whether Mr. Campbell did not appear to you, to be in a passion?

Moss. Yes, he did.

Q. Was Mr. Pearson in a passion?

Moss. Mr. Pearson, appeared to be very cool.

Q. Did not Mr. Pearson, charge Mr. Campbell with having burnt a note of 74 l. odd.

Moss. No; he did not; said Mr. Campbell, He scruples this note, that I have drawn. No, said Mr. Pearson, I must have a note drawn for 70 odd pounds.

Q. Now, upon your oath, did Mr. Pearson at any one time admit he owed Campbell one single farthing?

Moss. No.

Q. to Part. From December 56, to January 58, what sums of money were transacted by you for Mr. Campbell.

Parr. [He looks over some papers.] only 50 l. February 9, 1758.

Mr. Jennings. I have known Mr. Campbell between eight and nine years, he has dealt with me in my way.

Q. What are you?

Jennings. I am a sadler.

Q. What is his general character?

Jennings. He paid me very honestly. As to his character, I know nothing of it.

Mr. Shipley. I have known Mr. Campbell eight or nine years. I deal in coals, he paid me very honestly.

Q. What is his character?

Shipley. I know nothing of his character, I live a mile out of the town.

Mr. Sutherland. I have known Mr. Campbell 17 years, I have dealt with him in my way. I am a taylor.

Q. What is your opinion of him?

Sutherland. My opinion of him is, he is an honest man, I always found him such.

Q. What is his general character?

Sutherland. His general character is, that he is a man worth money. I look upon him a fair dealing man.

Mr. White. I have known him about nine or ten years. I have had a little transaction with him, he paid me very honestly; mine was not above 7 l. in the whole.

Q. What is his general character?

No answer.

Mr. Rebank. I have known him three years, ever since I have been in business, he paid me very honestly.

Richard Davis . I have known him 15 or 16 years. I look upon him to be a very honest man, I have worked for him.

Q. What are you?

Davis. I am a shoemaker.

Q. What is his character?

Davis. I know nothing, nor saw nothing dishonest by him. I would trust him as soon as I would another neighbour.

Mr. Wilson. I have known him I believe 12 years.

Q. What is his character?

Mr. Wilson. I know nothing but that he is a very honest man, I have paid him very large sums of money, as clerk to the pay-office at Chelsea.

Mr. Renardson. I have known him ten or twelve years, he behaved very well to me, and I know nothing to the contrary, but that he is an honest man.

Mr. Milward. I have known him 12 years, he always behaved very honest to me, and paid me very well; I never knew to the contrary, but that he is an honest man.

Mr. Anderson. I have known him 15 or 16 years, I have done a little business for him, he always paid me.

Mr. Hill. I have known him about ten years, I look upon him to be a very honest man.

Q. What are you?

Hill. I am a school-master, I have two of his sons with me now at school, he paid me very honestly.

Thomas Fowler . I have known him 14 years, I know nothing but what he is a very honest man.

Mr. North. I have known him ten or twelve years; my opinion of him was, that he was a very honest man, very generous and genteel.

Mr. Norris. I have known him sixteen or seventeen years, I always took him to be a very honest man, and a monied man; I have dealt with him for large sums of money, I always took him to be capable to lend a thousand pounds at any time.

Mr. Knight. I have known him about fifteen years or upwards; I have had dealings with him, he always paid me very honestly.

Q. What is your opinion of him?

Knight. He bought a house of me, and he came and gave me the money.

Mr. Gibbens. Mr. Campbell imployed me to sell some houses for him by auction. I believe him to be a very honest man, he paid me very honestly, I never heard a bad character of him. I remember Mr. Pearson was by at the time, he never bid any thing, though he swears he did.

Court. He has not been examined.

A Witness. I have known him three years.

Q. What is your opinion of him?

Witness. My opinion is, that he is a very honest man, I never heard to the contrary.

Counsel for the crown. As the prisoner has made his character part of his defence, we have a right to call witness to his character likewise.

For the prosecution.

Mr. Benjamin Barwick . I am steward of the manor of Chelsea: I knew the prisoner when he kept a little Chandler's-shop, about fourteen years ago.

Q. Do you know his general character?

Barwick. I do, as well as any gentleman that has given him a character.

Q. What is his general character?

Barwick. It is really very bad, and some that have been sworn now know it.

Q. Is it that of an honest man, or not?

Barwick. I never heard any honesty of him, I have heard a great deal otherwise.

Q. Did you never hear that he paid his debts?

Barwick. I never heard that he did punctually till now; I have heard that he has not paid his debts, and I have heard some that have been sworn now (I mean tradesmen) say, that if they were called to give him a character, they could not give him a good one.

Guilty Death .

Old Bailey Proceedings front matter, 16th January 1761.

Reference Number: t17610116-29

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Friday the 16th, Saturday the 17th, and Monday the 19th of January.

In the first Year of His MAJESTY's Reign. Being the Second SESSION in the MAYORALTY of The Right Hobble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART III. for the YEAR 1761.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LXI.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.


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