Offence: Deception > fraud
Verdict: Not Guilty
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40. Richard Brabant , was indicted for that he, being a Person of a wicked and corrupt Mind, greedy of Lucre, &c. and unlawfully devising and intending to cheat and defraud James Martin , of London, Goldsmith , Robert Surman , of London, Goldsmith , and Richard Stone , of London, Goldsmith , of a great Sum of Money, viz 52 l. 10 s. of good and lawful Money, &c. and to get and acquire the same to himself; the said James Martin , Robert Furman and Richard Stone , being then concerned as a Company , in the Banking Business, and keeping Cash, and also then keeping a Public Shop: After the 24th Day of June, 1734, viz. January 1, 1740 , in the Parish of St. Mary Woolnoth , he the said Brabant, out of his wicked Mind, Intention, &c. made and forged, and caused to be made and forged, a certain Paper Writing, purporting a Note. Order, Power, or Authority, in the Name of James Tipper , for the Payment of Money, bearing Date, January 1st, 1740 41, and directed to Mr. Martin, and Company, authorizing them to pay to Tho Noble , the said Sum of 52 l. 10 s and place it to the Accompt of James Tipper : The Tenor of which false and forged Order, is contain'd in these English Words, Abbreviations of English Words, and Figures following.
Jan. 1st, 1740 41.
l. s. d.
52 10 0
'' To Mr. Martin and Con.
Thereby meaning and intending, that the said James Martin , &c. should pay him the said Brabant, the said Sum of 52 l. 10 s. Whereas in Truth and Fact the said Paper or Writing was never subscribed by the said James Tipper , against the Peace, &c. in Contempt of our Lord the King and his Laws, and against the Form of the Statute in that Case made and provided.
The Jurors further present, that he, the said Brabant, being a Person of a wicked and corrupt Mind, &c. afterwards, viz. Jan. 1, secretly, feloniously, &c. the same did utter and publish, he well knowing it to be false, forged, and counterfeit, &c.
He was a second Time indicted (as above) for making, and causing to be made, a certain false and counterfeit Order for the Payment of 10 l. 10 s in Order to defraud James Martin and Comp. of the said Sum. The Tenor of which forged Order, is contain'd in these English Words and Figures following.
Dec. 31, 1740.
l. s. d.
10 10 0
To Mr. Martin and Com.
The Indictment farther charged, that he, the said Brabant, the said forged Order did publish, well knowing the same to be false, forged, and counterfeit.
Clark. Yes, he keeps Cash at my Master's; the Prisoner was his Book-keeper.
Councel. Do you remember the Prisoner's coming to your Master's Shop with Draughts for Money?
Clark. Yes, on the 31st of December last, he brought me this Note for ten Guineas, and I paid him.
Councel. Look on the Name at the Bottom: whose Name is that?
Clark. I took it to be Mr. Tipper's Handwriting, otherwise I should not have paid the Prisoner.
Councel. Did he bring any other besides this ten Guinea Note?
Clark. Yes, the Day afterwards (New-Year's-Day) he brought another for 50 Guineas, and I paid it to him.
Councel. You keep New-Year's-Day as a Holiday; did he make no Excuse for coming then?
Clark. He said his Master was going out of Town, and desired it might be paid.
John Ellis . I know Mr. Tipper very well, and am acquainted with his Hand writing.
Councel. Look on those two Notes; do you take those Notes, or any Part of them, to be Mr. Tipper's Hand-writing?
Mr. Ellis. No, neither the Signing, nor the Body of the Notes. I have been conversant with his Hand above 20 Years, and have seen him write a hundred times.
Councel. Do you think those Notes were wrote by Mr. Tipper?
Mr. Goodeve. No, I am of Opinion they are not, for this Reason; this seems to be wrote after some Copy, and is a stiff Sort of a Hand.
Mr. Ellis. I observe there is a Sriffness, as if the Person was got into an unusual Course: It wants the Freedom of an Original; they are pretty well done, but there is a Heaviness which will be in all Copies.
Mr. Clark. The Prisoner brought the Note in the Forenoon to our Shop.
A Witness. I have known Mr. Tipper 4 Years, and am frequently with him at the Water Side when Tobacco's are weigh'd.
Councel. Do you think those Notes are his Hand-writing?
Witness. No, I believe not. The Prisoner was employ'd by my Master (Mr. Tipper) to write and improve me in Accompts: He had a very good Hand at imitating, for I have heard him say, he could do any Gentleman's Hand if he saw it but once, to such an Exactness, that it should not be distinguished from the Original. I saw him counterfeit a Gentleman's Hand from a Frank so nicely, that I could not discern the Difference.
Prisoner. I am innocent of the Affair; I only desire Mr. Tipper would give me a Character.
Mr. Tipper. I am a Tobacco-Broker. The Prisoner was recommended to me as a Person out of Place, and wrote a good Hand. While he was with me he behaved very well, and I had not the least Reason to suspect him. On the 30th of Dec. last I had Occasion to go down into Essex, and left the Prisoner in Care of my House: I returned on New-Year's-Day at Night, and the Prisoner had left the House and taken the Keys away with him, so that I was forc'd to set a Ladder up against the Window, and put a Boy in.
Councel. Did you leave any Letter which you had wrote in the Prisoner's Custody.
Mr. Tipper. Yes, I left a Letter open, and ordered him to insert some Particulars, but when I came Home it was not done.
Councel. Look on those Notes; are either of them your Writing?
Guilty on both Indictments, Death.