554. JAMES ROWE was indicted for that he, on the 9th of July , feloniously did forge and counterfeit, and caused to be forged and counterfeited, and did willingly aid and assist in forging and counterfeiting a certain order for payment of 30 l. signed William Stadden Blake , with intent to defraud Sir Richard Carr Glyn , Bart. Charles Mills , and Thomas Halifax .
Second Count. That he, on the same day, did utter and publish as true, the same forged order for payment of money, knowing it to be forged, with like intention.
And other Counts. For like offence, with intention to defraud different persons.
(The case was stated by Mr. Watson.)
THOMAS HALIFAX sworn. - Examined by Mr. Watson. Q. What are you? - A. I am clerk to Sir Richard Carr Glyn, Baronet, Charles Mills , and Thomas Halifax , of Birchin-lane. This is the paper that was presented to me for payment on the 9th of July.
Q. By whom was that presented? - A. I cannot say by whom; the shop was full of people at the time.
Q. You cannot say the prisoner was the person that presented the draft to you; but that person, whoever he was that presented that draft to you, did he remain some time in the shop? - A. Near a quarter of an hour, to the best of my recollection.
Q. When that was presented to you what did you first do? - A. I suspected it not to be Mr. Blake's writing, I requested Mr. Carter to go to Mr. Blake, in Change-alley, for the purpose of enquiring.
Q. Did Mr. Blake keep cash in your house? - A. Yes; he had cash in our house at that time.
Q. When Mr. Carter went what became of the draft you have now in your hands? - A. I do not recollect positively about that.
Q. Are you acquainted with the hand writing of Mr. Blake? - A. I am.
Q. Look at that paper whether any on the whole of it is his hand-writing? - A. I do not think any part of it is.
Q. You are familiar with his hand-writing? - A. Yes, being a customer to our house some years.
Cross-examined by Mr. Gurney. Q. What did you do with the cheque? - A. I put my initials and the day of the month that afternoon.
Q. Where did you put it when Mr. Carter went to Mr. Blake? - A. If I did not give it to Mr. Carter, I kept it in my own possession.
Q. Or perhaps you laid it down? - A. No.
Q. You cannot say whether you gave it to him or no? - A. No.
HENRY CARTER sworn. - Examined by Mr. Watson. Q. What are you? - A. I am clerk to Sir Richard Carr Glyn and Co.
Q. Do you remember being applied to by the last witness on the 9th of July, in the afternoon of that day? - A. I recollect it very well: Mr. Halifax gave me the draft, which I took in my hand: I went to Mr. Blake; I found him in his shop; he returned with me to the banking-house.
Q. Just look at that paper writing, and tell me whether that is the same that he delivered over to you? - Q. This is the same piece of paper that Mr. Halifax delivered over to me: when I got back to the banking-house with Mr. Blake, after I turned round the end of the counter, Mr. Blake asked me, who was the man? He immediately went towards the door to go out.
Q. Was the prisoner at that time in the shop? - A. The man whom Mr. Halifax pointed out to me as the man that presented the draft was in the shop.
Q. Are you able to say whether that was the prisoner at the bar? - A. I cannot positively swear, I only took a superficial look at him.
Q. What did the man do that Mr. Halifax pointed out to you? - A. As Mr. Blake spoke, he turned round and made towards the door and went out; he seemed to brush out very briskly: I did not see the person again till I was summoned before the Lord Mayor.
Q. What became of Mr. Blake after that? - A. He went after the person that I pointed out, who presented the draft, immediately, crying out stop thief! I remained in the banking-house.
WILLIAM STADDEN BLAKE sworn. - Examined by Mr. Watson. Q. Where do you live? - A. In Change-alley, Cornhill.
Q. In consequence of information that you received on the 9th of July, what did you do? - A. I went immediately with Mr. Carter to the banking-house of Sir Richard Carr Glyn; I ran to the door as fast as I could, and pursued the prisoner, and cried out stop thief! the prisoner at the bar is the same person that I pursued.
Q. Where did you first get sight of him - did you see him in Sir Richard Carr Glyn's banking-house? - A. When I went out after him, I never saw him till he was in the middle of Birchin-lane; he was running as fast as he could and I pursuing him.
Q. You had not seen him at all in the banking-house? - A. No: when I came up to him I took him by the collar; he was taken first by Mr. Elder, a sadler; I did not see him stop him.
Court. Q. Was that the same man that you had been pursuing that was stopped? - A. Yes, it was; Mr. Mellish and Mr. Elder came together with him, and I took him from them; I took him to my house, and sent for a constable; he took him into custody.
PETER ELDER sworn. - Examined by Mr. Watson. Q. On the 9th of July, do you recollect the cry of stop thief? - A. Yes, as I was going to my master's shop, I heard the cry of stop thief in Birchin-lane; I followed the prisoner, and caught him in George-yard.
Q. Was the person you took the prisoner at the bar? - A. I have not seen him since I took him; I brought him into Birchin-lane, and delivered him to Mr. Blake.
WILLIAM MELLISH, Esq. sworn. - Examined by Mr. Watson. I was going from Cornhill up Birchin-lane, and when I had got about half way from Cornhill, I heard a cry of stop thief behind, and a man came running the same side of the way I was, and ran up an alley which leads into George-yard; at that time another man was running after him, and he got into the alley rather before me; I got time enough into George-yard to observe both the men running, and to see the last man take the prisoner at the bar.
Q. That is the last witness? - A. I cannot say it is the last witness, I have not seen him since; I am positive it was the same man that was taken in George-yard that was running in Birchin-lane; the person that was taken in George-yard is the prisoner at the bar, I saw him taken, and I saw him running in Birchin-lane; I only lost sight of him just turning the corner.
ROBERT BEECH sworn. - Examined by Mr. Watson.
Q. Were you at Mr. Blake's on the 9th of July? - A. I was; I am a ticket-porter. Seeing a mob at Mr. Blake's door, I went to see what was the matter, and an officer being wanted, I went and fetched one, who took charge of the prisoner, and took him to the Compter; I accompanied them both, and after the last examination I had a conversation with the prisoner; he said, if I am hanged, it is all through Hobler, the Lord-Mayor's clerk, for having committed him.THOMAS PERKINS sworn. - Examined by Mr. Watson. On the 9th of July I was fetched to Mr. Blake's house, I took the prisoner into custody to the Poultry Compter.
Mr. Watson. (To Halifax.) Q. You are familiar with the hand-writing of Mr. Blake? - A. Yes; that is not the hand-writing of Mr. Blake. (Looking at the draft.)
Q.(To Carter.) Are you acquainted with the hand-writing of Mr. Blake? - A. I am; that is not the hand-writing of Mr. Blake, no part of it, to the best of my belief. (The note was read in Court.)
The prisoner left his defence to his Counsel, and called three witnesses, who gave him a good character.
NOT GUILTY .
London Jury, before Mr. Justice Le Blanc.