1351. JOHN BLACKFORD was indicted for that he, on the 11th of February last, at St. Mary-le-Bow , feloniously did send to Henry Dod and Charles Dod , a certain letter , which letter is a follows:
8, Fenchurch-buildings, February 11, 1830.
GENTLEMEN, - I am directed by Messrs. R. and W. Blackford, of the Minories, to apply to you for the purpose of demanding payment of 3l. 13s. for goods obtained from them, through a refence from your firm, under circumstances which make it incumbent on them to bring the matter under the notice of the public, if you do not immediately discharge the amount. I have my clients' instructions to adopt proceedings if the matter be not arranged in the course of to-morrow, and as the nature of those measures would be of serious consequence to you, I hope you will see the propriety of preventing them by your attention hereto. I am, Gentlemen, your obedient, JOHN BLACKFORD .
Messrs. HENRY DOD and SON, Mark-lane. against the Statute, &c.
MR. DAWSON conducted the prosecution.
WILLIAM PORTER . I am a clerk to Messrs. Dods; I received this note from a respectable young gentleman - I handed it to Mr. Charles Dod .
Cross-examined by MR. PLATT. Q. Whose handwriting is this note (producing one)? A. Mr. Henry Dod's; I was not present when a pretended mate of the Malvina called with Mr. Imray - Messrs. Dods are merchants , and have been so for two years, I should think; I do not know such a vessel as the Malvina - I was not present in their office when Mr. Blackford, the merchant, called; I was not present at any of the interviews - in February last Flower, Smith, Anderson, and I were their clerks; I have not seen any of them here; Messrs. Dods advertise vessels lading for Swan River, but are not brokers.
HENRY DOD. My counting-house is at No. 10, Mark-lane; we received this letter on the 11th of February, or shortly afterwards; I was in the country at the time - but when I returned, there was a summons to attend at the Mansion-house - we had no dealings with Robert and William Blackford; I did not know a man named Forbes; I was subpoened on this trial.
Cross-examined. Q. Is this letter your hand-writing? A. Yes, it is a copy of what was given to me to give notice - I heard the name of Forbes on this business; I do not know a mate of the Malvina - I did not attend at the Mansion-house, and do not know what took place, except from what was published in the papers; I certainly did not think of writing this letter till that appeared in the newspaper - I know nothing of the hand-writing of this note.
Re-examined. Q.Were you present when you received the summons to appear at the Mansion-house? A. No; I saw it when I returned from the country - my object in sending this letter to the prisoner was, to give him fair warning that I meant to indict him.
CHARLES DOD. I received this letter; I never heard of Robert and William Blackford , there mentioned, before - I had seen Mr. Blackford, the chart-seller, before; I should
observe, that his clerk, Mr. Imray, called on me before he called himself - and said the mate of the ship had come to him, on a representation from our house, for them to supply him with goods; I said I knew nothing of him - but looking at the mate a second time, I said, "I have seen him once before, when he applied to me for a situation in one of my vessels, and having pleaded great distress, I ordered my book-keeper to give him half a crown;" I had no further knowledge of Forbes, but a gentleman, who said his name was Blackford, afterwards called, and said he had given this man credit on the faith of what I had stated to his clerk, that he was a person worthy of credit.Cross-examined. Q. Is this (Mr. Imray) the young man that called with the mate of the Malvina? A. Yes, I believe he is; I do not know whether the mate's name was Forbes - he might tell me that he had bought charts to the amount of 3l. and a little more; he had come to ask me if he was mate of the ship Malvina - I said I did not know that he was, and never heard of the ship; I mean to state I did not say he was the mate - Forbes did not tell me he had been obtaining credit, or was about to obtain credit with Mr. Blackford; he did not tell me any thing of the kind; I believe this note was produced to me, but I did not read it - I told him I knew nothing of the man, and not to give him credit at all on any recommendation from me, that I swear; the clerk who introduced him into my room is not here to-night, by my wish; I never heard of Messrs. Blackford's, the chart-sellers, but as far as this business goes - I have better employment for my time; Mr. Blackford called on me, and taxed me with having stated to his servant that this man's story was true, and upon this ground he endeavoured to obtain the money; he said on the faith of my representation to his clerk he had given the man credit - I said I had not; he did not, to the best of my recollection, tell me, if I would wait he would go and fetch the clerk; I was never denied by my order -I am never denied unless I am on particular business; Mr. Blackford said as I denied that I made the representation, he would bring the clerk to whom I made it, but that did not intimidate me; I do not recollect whether he said he would bring him that day or the next - I did not stop at home for him - I did not inquire where Mr. Blackford lived, but I believe he stated himself; I did not go to the Minories to look after him - I never was in the house in my life, to the best of my recollection; we received the summons two or three days afterwards - I had not made any communication to Messrs. Blackfords, nor had my clerk by my order; I believe my father did - I had given this man charity, when he called and represented himself to be a mate in distress, with a wife and two or three children; he told Mr. Imray, in my presence, that I knew him - I contradicted him, and said I did not; he then went away, and they trusted him - I told him plainly I would not be responsible for any goods contracted on reference to me; I believe I told him I knew nothing of the house of Graham and Sons - I believe there is no such house in existence - I might say I did not believe there was; I believe I did mention the house of Graham and Sons - I might have seen the names on the note without reading it; I might have looked at it, but surely did not read it through - I did not take notice of who drew it, or on whom it was drawn; I never heard of Mr. Doyle, to the best of my recollection; I never heard the name of Captain Doyle , or of the ship - I did attend at the Mansion-house - Mr. Robert Doyle appeared there, and the prisoner appeared as his attorney; the case was heard before the Lord Mayor, but was instantly dismissed; the Magistrate might say if I had been a little more explicit the charge would not have been there; the letter in question was written after Mr. Blackford had taxed me with this, to the best of my recollection - Mr. Imray was examined at the Mansion-house - two of my clerks appeared there.
Re-examined. Q. Your time is very much occupied? A. Yes; when this note was produced I was very busy; Mr. Imray produced the note, and the person who called himself Barclay, at the same time - some other name was on the note; he went by two names; he asked if the note was drawn on me if I should pay it - I said it was not drawn on me, seeing Graham and Sons; he spoke of it merely as a monthly note, and said he wanted it cashed - Mr. Blackford's manner was an attempt to frighten me out of the money; I might have answered him very abruptly.
MR. FRANCIS HOBLER . I am clerk to the Lord Mayor. A summons was regularly issued for Mr. Dod to appear at the Mansion-house, which he did on the 18th of February.
ROBERT SHEARING . I have seen the prisoner write; I believe this letter is his writing, but it is a long time since I saw him write.
Cross-examined. Q.What are you? A.Porter to a wine-merchant; I formerly assisted Sheriffs' officers - the attorney brought me here.
The prisoner, in a long address to the Court, stated that his clients had directed him to write the letter in question, which he accordingly did.
NOT GUILTY .