Thomas Davis, Deception > fraud, Deception > fraud, 1st April 1761.

Reference Number: t17610401-31
Offences: Deception > fraud; Deception > fraud
Verdicts: Guilty
Punishments: Death

151 (L) Thomas Davis , was indicted for forging a certain order for the payment of money, with the name J. Stocker subscribed there-unto purporting to be subscribed by James Stocker requiring Joshua Mauger to pay four guineas to the bearer, meaning the said Thomas Davis , with intent to defraud the said Joshua Mauger .

He was a second time indicted, for forging another counterfeit warrant, for the payment of five guineas, directed to Jonathan Mauger , by the description of Capt. Mauger, and publishing the same, with intent to defraud; and also for forging the name J Stocker to a receipt for the payment of 9 l. with intent to defraud Joshua Mauger ++

Peter Mauger . I had this order of the prisoner at the bar. (Holding one in his hand.)

Q. To what end did he deliver that to you?

Mauger. To receive the prize-money belonging to James Stocker , master at arms on board his majesty's ship Boreas.

Q Had James Stocker prize-money due to him?

Mauger. He had; the first order was for four pounds, which he said he had from James Stocker, to receive his prize-money; and he said Stocker was sick, and could not come himself. These four guineas were paid by my brother.

Q. What is your brother's name?

Mauger. It is Joshua Mauger .

Q. Did you see the money paid?

Mauger. I did, I was present at the time.

Q. What is your brother?

Mauger. My brother is agent to the prize-money. My brother's name was not spelt right; instead of Mauger it was Majour; but many, by the pronunciation of it, spell it so.

Q. Did Stocker ever direct any notes to you spelt so?

Mauger. No.

Q. Have you ever letters directed to you in this manner?

Mauger. We have often.

Q. Did you know how Stocker's name was spelt?

Mauger. No, I did not at that time.

Q. Did you pay the prisoner any money?

Mauger. I did, upon that order for five guineas I paid that five guineas, and have got the prisoner's receipt for it.

Q. Upon whose account did you pay it?

Mauger. I paid it by the direction of my brother.

Q. What were his directions?

Mauger. They were, if Davis, or any body else came, for any money on Stocker's account, I was to pay it: this he did as Davis had received the four guineas of him first.

Q. Are you sure the prisoner is the man you paid the money to?

Mauger. I am, and I am sure he received the four guineas of my brother: here is a receipt for nine guineas also, which the prisoner brought ( Producing it.)

John Austin . I know the first and second notes for the four and five guineas to be brought by the prisoner at the bar.

Q. What are you?

Austin. I am clerk to Mr. Peter Mauger , these are the same I have in my hand. [ Producing them.]

Q. As to the first note, did you see the money paid in consequence of that.

Austin. I did; I saw Mr. Joshua Mauger pay the four guineas to the prisoner at the bar. I was present at the time.

Q. Now as to the second note?

Austin. The five guineas I paid myself, by Mr. Peter's order; he was by when the prisoner came.

Q. Here is a receipt on the back of this, who wrote the body of it?

Austin. I wrote, it and I saw the prisoner sign it for five guineas; and the order that he brought for the five guineas acknowledge the receipt of the four guineas, that he had received before.

Q. Do you know Stocker's hand-writing?

S. Austin. No; I never saw his hand-writing, till the letter came from the Isle of Wight.

Henry Smith . I know Mr. Stocker's hand writing, I was a shipmate to him, in his majesty's ship Boreas, 22 months.

Q. Have you ever seen him write?

Smith. I have.

Q. Look upon these two notes, and the receipt for nine guineas.

Smith. These are not his hand writing.

Q. Look upon this letter ( he takes a letter in his hand.)

Smith. This is Stocker's hand-writing. ( The jury compare them, the writing differs much.)

Q. Was the prisoner ever on board your ship?

Smith. No, there was one Davis in the ship, but not the prisoner.

Q. Do you know how the prisoner came to be acquainted with Stocker?

Smith. No, I cannot say; neither do I know that he was.

Q. Was there any other person's name Stocker on board that ship?

Smith. No, there was not; there is on the receipt, I Stocker. I never knew Mr. Stocker write his Christian name, with a single I. He always used to write it at length, what ever I saw.

John Nelson . I was a shipmate to Mr. Stocker. It is my business here to prove Mr. Stocker, who is now in court (pointing to him) is the man to whom this money was due, and that he was the real master at arms, on board that ship.

The first order read to this purport.

SIR,

Please to give the bearer, Thomas Davis , four guineas, for my use; and in so doing, you will oblige your humble Servant,

J. Stocker.

Your humble servant was master at arms where we took the Leon Brig , &c.

The second read for the five guineas.

Signed J. Stocker.

The receipt read to this purport.

Received of Thomas Davis , at two payments, 9 l. 9 s.

J. Stocker.

14th of March, 1761.

Prisoner's Defence.

The person who lodged in the same house with me, was in the same ship, named John Jourdan , he begged of me to go with this message; accordingly I took this order, and went and took this money, and brought him it. Then he called upon me a second time, and I took the second order, and went likewise. The third time he came to me, and begged I would go. I said, I had no occasion to go on his errands, he might go himself. He said, the man is sick, and much desired me to go; he said, he sent to Mr. Mauger, and Mr. Mauger said, he would not pay any body, except he came himself, or the man that brought the first order. He is since fled; I sent the constable after him, and I fancy he apprehended what I wanted.

Guilty of publishing it . Death .


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