The Proceedings of the Old Bailey

 

250 (M.)   Donald Campbell . was indicted for falsely forging, and counterfeiting, a certain bill of exchange, with the name Peter Dacey there unto subscribed, for the payment of one hundred pounds; and for publishing the same, with intent to defraud   John Calcraft , Esq ; August 8 .*

David Roberts. On the 18th of August last, the prisoner at the bar.   Donald Campbell came to Mr. Calcraft's office where I am cashier. He presented a bill of exchange, signed   Peter Dacey , for payment producing one, this it it, [It is read in court to, this purport.]

200 l.

Albany, May 28, 1761.

"At sight, please to pay to capt. Kenady, or

"order, one hundred pounds, for value received,

"and place the same, without farther advise, to

"the account of, Sir,

Your humble servant, Peter Dacey."

Directed to   John Calecraft , Esq.

Roberts. I not seeing it indorsed, asked him his name; he told me his name was capt. Kennedy. On observing farther, that the body of the bill was for one hundred pounds only, and the margin in figures was 200 l. I asked him what sum the bill was for; he told me the bill was for 200 l. for he had given the value to capt. D'Arcy in America, for that sum. I told him, I could pay no more than one hundred pounds, as the body of the bill was for no more than that sum. He desired me then, if I could pay him only the 100 l. to give him a memorandum, that I had paid him only that sum, that he might recover the remainder of captain D'Arcy. Upon looking upon the name of   Peter Dacey in the bill, I suspected it to have been forged.

Q. Did he mention the christian name?

Roberts. I do not remember that he did, but said, he was capt. D'Arcy, aid de camp to general Amhurst. I took no notice to him of my suspicion, but told him, if he would come the next day, at 10 o'clock in the morning, I could give him an answer, whether the bill could be paid or not, having not leisure then to examine capt. D'Arcy's accounts.

Q. Have you ever paid bills of capt. D'Arcy's?

Roberts. I have. I shewed the bill to Mr. Meyrick, Mr. Calcraft's first clerk, who confirmed me in my suspicion of its being forged. When the prisoner came at 10 o'clock the next day, then Mr. Meyrick took him into custody. I was not present when he came in that time. I was with him before the justice, he then personated capt.   Quinton Kennedy , of the 17th regiment, but could not tell his colonel's name, and said, he was just arrived from America. Upon observing to him, that capt. Kennedy was in the Cherokee country, and that his passage must be very quick from America, he insisted upon it, he was captain Quinton Kennedy; he held us near two hours, and at last, he admitted he was lieutenant   Donald Campbell , of the 42d Highland regiment, and that he had forged that bill.

Q. Did he say so?

Roberts. He said that bill was drawn by him? he desired Mr. Meyrick and I to withdraw a little from the magistrate; and then said, he was not captain Kennedy, but that he was lieutenant   Donald Campbell .

Q. Was any thing said to him to induce him to give this account?

Roberts. No, there was not; this was freely and voluntary. This was when the magistrate was going to commit him, and he begged for mercy.

Q. Is capt. D'Arcy, aid-de-camp to general Amhurst.

Roberts. He is.

  James Meyrick . On the 18th of August last, the prisoner at the bar brought a bill of exchange to Mr. Calcraft's office, and presented it to Mr. Roberts (who is cashier,) and demanded payment. Mr. Roberts observed to me, that though there was 200 l. in figures, it was one hundred pounds in the body of the bill; and he told the prisoner he could not pay the money he demanded; I was by, on the opposite side of the desk. The prisoner said, he hoped he would give him something under his hand, that he had paid only a hundred pounds; Mr. Roberts said, he could not do any such thing. Then the prisoner ask'd him, whether he would not give him some money on account. Mr. Roberts said, he did not know whether he could pay an hundred pounds at all, till the accounts of capt D'Arcy were look'd into; and if he would leave the bill till next morning, that should be done, and he should have an answer; which, after some time, the prisoner consented to do, and then went out of the office Upon which, I asked Mr. Roberts what was the matter with the bill, and desired to see it. I was well acquainted with the hand-writing of Mr. Peter De'Arcy; and as soon as I saw it, I told Mr. Roberts, it was false, and desired him to take great care of the bill, till the prisoner came the next morning. I took the bill into my custody, this is the bill that has been read, here is J. M the two initial letters of my name, which I put upon it When the prisoner came into the office the next morning. I asked him whether he came for that bill of exchange; he said he did. I then told him we had not quite money sufficient to pay it of capt Peter D'Arcy's, and that no more than a hundred pounds at most was to be paid for it, as no more was expressed in the body of the draft. He said, he paid 200 pounds for the bill to capt.   Peter D'Arcy , at Albany. I told him it was a little extraordinary, that he should express no more than one hundred pounds in the body. I asked him if he was acquainted with the drawer of this. He said, he was perfectly well, and that it was capt.   Peter D'Arcy , aid de camp to general Amhurst. I then asked him what regiment he served in in America; he told me the 17th regiment, and that his name was Kennedy, and that he was a captain. I then asked him his christian name; he told me it was Quintin. I told him. I had great reason to believe that capt.   Quintin Kennedy was in the Cherokee country. He said, it was true, I might believe so, but he was just arrived from thence. I then told him he was not capt.   Quintin Kennedy , and I was sorry for his situation, for the bill was forged, and I must take him into custody. Upon being taken before a magistrate, his pockets were searched, in which was found a rough draft of a form of this bill of exchange, and likewise a form of a draft, payable to A. B. a plan to draw by and there was found also a letter of Mr.   Henry Drummond 's directed to lieutenant   Donald Campbell ; and likewise a bill drawn in the name of   Donald Campbell , upon Mr. Drummond. He went through an examination for a long time, still persitting he was capt. Kennedy; but finding he was going to be committed, he then desired to speak with me. I withdrew with him out into the yard, he then told me, that his real name was   Donald Campbell and that he served to lord   John Murray 's Highland regiment, the 42 d regiment. I asked him whether he had been guilty of drawing this bill of exchange, he told me, it was his own doing. I asked him if any other person was concerned; he said, the whole was his own, he had no accomplice; then he begged for mercy.

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

 

Q. HAVE you seen captain D'Arcey write?

Meyrick. I have.

Q. Look upon this bill (the bill in question.)

Meyrick. This is not the character, nor manner of captain Peter D'Arcey's writing.

  John Pritchard . I have seen the prisoner write; I have his hand-writing in my pocket.

Q. Look at this bill of exchange (the bill in question.)

Pritchard. I think this to be his hand-writing; I have seen several letters and draughts from him.

  James George . I know the prisoner at the bar; I live with Mr. Drummond and Co. bankers, at Charing-cross. The prisoner has called several time, enquiring for Mr.   Henry Drummond , who is agent to a Highland regiment, commanded by lord   John Murrey . One morning he called, and met with Mr.   Henry Drummond in our shop. and they had some conversation together. I did not know the nature of their business. After they had conversed some time, the prisoner stepped towards the counter to me, and begged I would be pleased to give him a form of a bill of exchange, because he was unacquainted with business himself. He appearing like a gentleman, I took a sheet of paper, and   drew a form of a bill, which I delivered to him.

Q. Should you know it again?

George. I should, was I to see it.

  John Landrick . I am constable. [He produced some papers sealed up; it is opened, and a draught of a bill of exchange taken from the parcel.]

Q. to George. Look at this draught.

George. This is the same that I wrote at his request, and delivered to him.

Landrick. This I found upon the prisoner at the bar.

Prisoner's Defence.

The night of the 18th of August, I supped at a coffee-house at the top of the Haymarket with some gentlemen; I came home, and was told by my landlord a gentleman wanted me. There I met Mr. Kennedy from America. I knew him well; he is of the 44th regiment. I sat and drank some punch with him. I said, I should be glad if he would come to my lodgings. He came between seven and eight the next morning. He told me he was at Mr. Calcroft's, and delivered that bill there, in the name of his brother, for a hundred pounds in the body of the bill, and two hundred pounds in the margin. He was going to Portsmouth, and from trence to Scotland. He was in a hurry, and desired I would go to Mr. Calcroft's, to get the money or bill, and direct it after him, for Mr. Blaie at Leith. I went the next morning to Mr. Calcroft's, and called for the bill. Upon my calling for the bill, the gentleman

that spoke last, said the bill is forged. No, said I (I took upon me the name of captain Kennedy, as captain Kennedy desired me to do) upon which he sent for a constable; and he, and that other gentleman, went in a coach to the justice along with me. All along I kept the name of Kennedy, 'till I was searched, and a letter found directed for me by Mr.   Henry Drummond ; then I told them my name was   Donald Campbell ; and told them I was sorry for assuming the name of captain Kennedy, and begged they would not expose me, as he wanted me to take up his name. I called upon Mr.   Henry Drummond , and wanted to draw upon a person in Scotland for some money; and I begged of that gentleman that he would draw me a plan of a bill, as I could not draw it properly; to which the gentleman consented. I sent my servant after Mr. Armour on Tower-hill (he breakfasted with captain Kennedy and me) but he was gone out, and would not be at home 'till to-morrow.

Q to Mr. Roberts. Did the prisoner come avowing himself to be captain Kennedy, or did he come in the name of captain Kennedy?

Roberts. He came in the name of captain   Quinton Kennedy , not representing any person.

Prisoner. I am not guilty of forging the bill; I am guilty of denying my name.

Guilty Death .