The Proceedings of the Old Bailey

 

272. (L.)   John Kello , was indicted, for that he did forge and counterfeit, and cause and procure to be counterfeited, and willingly acted in the same, a certain order for the payment of money, with the name   William Partridge thereunto subscribed, directed to   George Amyand and Co. bankers and partners , for the payment of one thousand pounds, and for publishing the same, well knowing it to be false, forged, and counterfeited, with intent to defraud the said   George Amyand and Co. and it was laid also for publishing the same, with intent to defraud   Joseph Cotton , August 28 ++ .

  Joseph Cotton . I am a packer , and live in Aldermanbury; I do business for Mr.   William Partridge in the pressing and packing way, and am conversant in his business, as a person in whom he puts confidence. I have often been at the bankers for him.

Q. Do you know   Joseph Kello , the prisoner's brother?

Cotton. I have known   Joseph Kello twelve years; he was an apprentice to Mr.   John Howell , a blackwell-hall factor; my master used to send me to Mr. Howell's to assist   Joseph Kello ; Kello was a servant to Mr.   Charles More of Aldermanbury, in August last; as Kello and I lived both in Aldermanbury, we were very intimate.

Q. Had he any opportunity of knowing the affairs of Mr. Partridge?

Cotton. He had; he was backwards and forwards so often, that if he had a mind, he could see them as often as I could; he was with me five or six times a day at Mr. Partridge's house, and my ware-house.

Counsel. You mean Joseph, the brother to the prisoner?

Cotton. I do. On the 28th of August Mr. Partridge set out from Whitechapel; I was with him there at two o'clock; he dined at Woodford about three, in his way to Harlow; all this   Joseph Kello knew. Between five and six that evening, I received a note or letter, as coming from Mr. Partridge; it was brought me by a porter; I was in my own warehouse in Aldermanbury, contignous to Mr. Partridge's house; I asked the porter where he brought it from? he told me a gentleman gave it him in the street, and it required no answer.

Q. Do you know that porter?

Cotton. I have not been able to find him; here is the letter [ producing the letter and cover]; it was inclosed in a cover; there was a draught upon Mess. Amyand and Co. for one thousand pounds, and there was a bill of 350 l. in it, which I understood to be one of Sir   Samuel Fludyer 's clothers: The cover was directed to me, at Mr. Elliot's in Aldermanbury. The contents of the letter is to receive the draught myself in bank, and carry it directly, under cover, and leave it at the bar of Sam's coffee house, Change-alley, directed for   Thomas Rous , Esq;

Q. In consequence of this letter, what did you do?

Cotton. I immediately went to Mess. Amyand and Co. in Cornhill with it; I took the letter as well as the draught with me, and delivered it to Mr. Mercer himself; he happened to be in the shop; it was directed to Mess. Amyand, Staples, and Mercer; I received a thousand pounds bank note for the draught; it was   B. 141. I am not certain of the date; I incrosed it in a cover in Mr. Mercer's presence, and asked for a water; his clerk gave me one, and I sealed it up:   Joseph Kello being at my warehouse with me when the porter brought the letter, he directed the cover in my warehouse, because I was in a hurry, and I carried that cover with me, that I might have only the trouble to seal it up at the banker's; this I did for expedition.

Q. Did   Joseph Kello know who it was for?

Cotton. I shewed him the very letter, and he knew it was to be left for Mr. Rous at Sam's coffee-house; there was some dispute between   Joseph Kello and I, whether the direction should be for Mr. Rous. These, or for   Thomas Rous , Esq; I carried it directly from the bankers to Sam's coffee-house; I asked for the master and mistress of the coffee-house; they were both out; I left it at the bar, but did not leave the house; I went and stood at the door-way, and afterwards went and sat in the house and drank, and staid between two and three hours; when I went away, I called to the waiter for the parcel, and opened it to see if it was in; then I took a pen and wrote, The letter for Mr. Rous is at J. Cotton's, Aldermanbury, and left that paper as a direction for Mr. Rous, if he came. When I returned to Aldermanbury, Joseph Kello was at my warehouse; this was about nine o'clock in the evening; he asked me, if I had left it? I told him, I had not, I was afraid, but I had left a direction, that the letter for Mr. Rous was at J. Cotton's in Aldermanbury:   Joseph Kello went out just afterwards.

Q. Look at this bank note? [He takes it in his hand.]

Cotton. This is the bank note I had of Mr. Mercer; it is   B. 141.

Q. Did you after this receive any other direction or message relative to this thousand pound draught?

Cotton. Yes; a little after ten I was writing to Mr. Partridge, and a chairman came to the gate, and said, he came for the parcel that I had for Mr. Rous; it was only a verbal message: I asked him, where he came from? he told me, he came from the Antigallican; a gentleman there sent him: I said, I would go along with him, and see the gentleman: When I came there, the mistress of the house told me, the gentleman was just gone out, and would be back again in ten minutes: I waited, and nobody coming, I sat down and called for half a pint of wine, and staid there till almost twelve o'clock.

Q. Should you have known Mr. Rous, if you had seen him?

Cotton. I should, I have seen him several times; then I went back again, and took the note along with me;   Joseph Kello was at my warehouse still waiting; but I wrote a note at the Antigallican, and left it there; the contents were, that the parcel directed for Mr. Rous, should be delivered tomorrow morning at Hackney by ten o'clock. I intended to go with it myself; this is the note I wrote [Holding a paper in his hand].   Joseph Kello asked me the minute I came in, if I had left the parcel? I said, I had not; then he told me, that Mr. Partridge would be very angry, and I did not know the consequence of not leaving it; and talked a deal to me to that purpose.

Q. Did you inform him of your intentions of carrying it to Hackney the next day?

Cotton. I did; I sat down then to write to Mr. Partridge; Kello said, I am obliged to go a little way; I said, it is twelve o'clock; he said, he was obliged to go, but he would come back presently; he returned back when I had wrote the letter, and saw every thing that I had wrote in it; the substance of the letter that I wrote to Mr. Partridge was, that I had not left it, but I intended to carry it to Hackney myself; then Kello and I went together and carried the letter to the post-office; I gave Kello the letter and sixpence, and he put it through the wicket; as it was after twelve o'clock, I was obliged to give sixpence.

Q. How was the letter directed?

Cotton. It was directed to Mr. Partridge at Harlow; then we returned, and   Joseph Kello lay with me that night; this was all on the 28th of   August In the morning he got up before his usual time, and said, he was obliged to go to Mr. More's (he lived with him); he was up before six, and returned to me about nine, and told me he had been taking a walk round the fields; I asked him what time it was he went out? he said, it was but six: I told him I was going to Hackney to Mr. Rous; and asked him, if he would go with me? he began to tell me the consequence of going there, for fear it should not be for that gentleman; I remember he mentioned this three or four times over, and seemed as though he intended to asked me for the belt; we set out to go, but we stopped by the way to have a pint of beer; while we were drinking it, he kept talking about the consequence of carrying the letter to Hackney, and advised me not to go till after dinner; he seemed to be for delaying me as much as he could, and he did influence me not to go; he jumped up at about half an hour after eleven, and said he would be with me in a few minutes, but did not return till after I had received another letter. I did not see him again till one o'clock.

Q. What publick-house was you at?

Cotton. It was the house of   Joseph Simpkins , at the Sun on London-wall; about a quarter of an hour after he left me, a porter, one that opens and shuts the gate of Mr. Partridge and Mr. Elliot (they live together in one house) brought me a letter; I asked him, how he came to know I was not gone; he told me, Mr.   Joseph Kello had been at the warehouses, and told him I was not gone, I was at the Sun on London-wall; when I opened the letter, I saw it came (as I then thought) from Mr. Partridge.

Q. Where is that letter?

Cotton.   Joseph Kello got it from me since, and has owned he has destroyed it.

Q. What were the contents of that letter?

Cotton. It was dated, Harlow, Sunday morning. It began, Mr. Cotton, I find you have not left the money according to my order.

Q. What did you do upon this?

Cotton. In consequence of this I waited for J. Kello's coming to advise with me; he did not come: Then I returned home, and read the letter to the porter that brought it to me; I immediately took the cover from off the bank note. It was directed to   Thomas Rous , Esq; and I wrote another direction, For Mr. Rous, These; as I was directed by that letter: The letter concludes, and says, I hope you have not been to Hackney, but carry it immediately to Sam's coffee-house; I did as there directed; I carried it immediately to Sam's, and left it just before one o' clock, and returned then to Aldermanbury, and while I was at the gate   Joseph Kello came up to me; I asked him, what made him stay so long? and told him I had had another letter from Mr. Partridge, and that he seemed very angry that I had not left it.

Q. Did you tell him you had left the bank note at Sam's?

Cotton. I did; I shewed him the letter; he read it: He said, G - d! I thought Mr. Partridge would be angry at your not leaving it. We went then in to dinner; I left that letter then in his hands, and never saw it more. After dinner he was going out; he said, So, you have left the note at Sam's? I said, Yes, I have left it, and don't care what becomes

of it. He went away, and returned again to me at four.

Q. from Prisoner. Did any-body see you put the note into the letter, before you carried it to Sam's the last time?

Cotton. Yes, Mr. Bel saw me, and saw me seal it up.

Q. to Mercer. Look at this paper [he takes a paper into his hand].

Mercer. This is a forged draught. This I gave a bank-note of a thousand pounds upon.

Q. Look at this bank-note [he takes it into his hand.]

Mercer. This agrees in every respect to the note which I gave on the draught. I delivered it to one of our own clerks; and I saw Mr. Cotton, who has given his evidence, receive it of him; it was in our shop. Mr. Cotton came with the draught, and desired we would give him bank for it. I asked him how he came to be so late. He said, It was but just received from Mr. Partridge: He had a waser, with which he said he wanted to seal the bank note in a cover, and he did it at our counter.

Q. In paying this bank-note, is it set down against Mr. Partridge?

Mercer. No; by finding the draught was a forgery, we have taken the loss finally upon ourselves; if we had not discovered the forgery, we should have set down by the loss; Mr. Partridge is intirely discharged from it.

Court. Then he is a good witness.

  William Partridge . [he takes the draught into his hand]. This is not my hand-writing.

Q. Is it like your hand-writing?

Partridge. It bears a great similitude to my handwriting. I have perused it, and am certain neither the whole nor part of it are my hand-writing. I have credit allowed me for this by the banker; that if any thing happens, it intirely falls upon them.

The draught read to this purport:

Directed to Mess. Amyand, Staples, and Mercer:

"Aug. 28. 1762.

"Pay to bearer a thousand pounds.

" 1000 l.

"W. Partridge."

Q. Look at this letter [he takes a letter into his hand]. Is that your hand-writing?

Partridge. This is not my hand-writing.

Q. Is the direction on the back of it your handwriting?

Partridge. No, it is not.

Counsel. This is the letter that inclosed the forged draught.

Q. Here is the name   William Partridge indorse on a bill; is that your hand writing? [Note, a bie supposed to be from a clothier.]

Partridge. No, it is not.

  Joseph Kello . I am brother to the prisoner at the bar.

Q. How old are you?

Kello. I am 24 years of age.

Q. How old is the prisoner?

Kello. He is 26.

Q. Where did you live?

Kello. I was clerk to Mr. More.

Q. What was your wages?

Kello. I had 60 l. a year.

Q. Are you a single man?

Kello. I am.

Q. How long did you live with Mr. More?

Kello. I lived with him about three years.

Q. Where did your brother live in that time?

Kello. He lived in Bloomsbury; he came over with articles of agreement in partnership with gentleman from Virginia.

Q. Was he in any business the three years you lived with Mr. More?

Kello. No, he was not.

Q. How did he maintain himself after he came to England?

Kello. He had about 300 l. remitted him from Virginia.

Q. How long has he been in England?

Kello. He has been in England about three years.

Q. Has he lived on that money remitted him since?

Kello. I myself have supported him with money

Q. For how long?

Kello. It may be for about a year and half p I have maintained him so long as well as I could

Q. Look upon this draught [he takes the for draught into his hand]; whose writing is this?

Kello. This is my own hand-writing.

Q. The whole, or part of it?

Kello. The whole of it.

Q. Look at this letter [directed to Mr. Cott who wrote that?

Kello. The body is the prisoner's; the signing it and the date are my hand-writing: I counterfeit Mr. Partridge's hand-writing.

Q. Look at this cover, that the letter and dra were sent in [he takes it into his hand], whose ting is that?

Kello. This was wrote by my brother the prisoner.

Q. Look at this bill, whose writing is it? [ be ta it into his hand.]

Kello. The body is my brother's writing, the to it is my writing.

Counsel. This is the bill of exchange for 350 l. supposed to be from a clothier; this was sent with the other, to give a colour to it; we shall make no farther use of it.

Q. Who was by when you wrote this draught?

Kello. Nobody was by.

Q. What led you to do it?

Kello. I was first instigated to do it by my brother the prisoner.

Q. When?

Kello. About three quarters of a year ago.

Q. Have you any other brother in England besides the prisoner?

Kello. No.

Q. What did your brother instigate you to do?

Kello. He mentioned the possibility of forging a draught upon Mr. Partridge!

Q. Was he the first that mentioned it?

Kello. He was; he said it was possible for such a thing to be done as forging, and Mr. Partridge was mentioned as the first person to do it upon.

Q. How came you to be three quarters of a year before you did it?

Kello. There were several difficulties that arose it?

Q. Of what kind?

Kello. We did not at first six upon a person; and, when we fixed upon Mr. Partridg e, then a difficulty was, to get a draught in order to get Mr. Partridge's and.

Q. Did you frequently talk of this together?

Kello. We did.

Q. When was it at last concluded upon?

Kello. It was done on the 28th of August.

Q. Did you write it in your brother's presence?

Kello. No, I did not; I wrote several, and shewed them to him; and he approved of this, he thought almost like Mr. Partridge's hand.

Q. How many might your brother have seen of them?

Kello. He might have seen, at times, four of them, three or four.

Q. What were they drawn for?

Kello. They were all for a thousand pounds; we farmly approved of this, and the others were depoyed.

Q. What time of the day, on the 28th of August, fight your brother and you be together?

Kello. It might be about two o'clock; that was at first time I had seen him that day.

Q. Where?

Kello. I think it was in Guildhall.

Q. Had you seen your brother the day before, on Friday?

Kello. I might have seen him on the Friday.

Q. Had you and your brother, before this Saturday, agreed to forge Mr. Partridge's hand for a thousand pounds, upon Amyand and Co?

Kello. Yes, it was agreed upon before that?

Q. When did you write this draught;

Kello. I believe I might write this on the Friday; we had before agreed upon the sum and name, and a person upon whom to draw it.

Q. When did you and your brother agree to fix upon this, and destroy the other three?

Kello. I can't be certain; it might be on the Friday or Saturday.

Q. Was you acquainted with Mr. Partridge personally?

Kello. No, Sir.

Q. Had you seen his hand-writing?

Kello. I had; I took this from a draught of Mr. Partridge's, that I had from out of his counting-house, which I took from off a file there.

Q. How came you to have access there?

Kello. I desired Mr. Cotton to lend me some magazines; he told me they were in Mr. Partridge's counting-house. I desired him to let me go into the counting-house, in order to take the magazine. Being them in the counting-house, I took a draught from Mr. Partridge's file.

Q. Where is that draught?

Kello. That I destroyed, I burnt it.

Q. When was it that you got this from Mr. Partridge's file?

Kello. It might be almost a year ago; I shewed it to my brother immediately, I believe the same day that I took it away.

Q. When did you burn that draught?

Kello. I burnt it, I believe, the Tuesday after it was executed.

Q. Then on the 28th of August, the favourable opportunity being come, did you know Mr. Partridge was to go out of town that day?

Kello. Yes, Mr. Cotton had told me so at dinner. I dined with him that Saturday; it was either the Friday or Saturday.

Q. What agreement was made, when that favourable opportunity presented itself, betwixt you and your brother at Guildhall?

Kello. We agreed then to put it in execution, as I understood that Mr. Partridge was gone out of town.

Q. Whether you was present when your brother wrote the body of this letter to Mr. Cotton?

Kello. Yes, I was; that was wrote on Saturday the 28th, in the afternoon, after we had been at Guildhall.

Q. Where was it wrote?

Kello. It was wrote at the Red Lion alehouse in Moorfields, in an upper room; we were above; it is a public room, but the people were gone; the name and date I wrote at the same time, and I put it up in this case at the Red Lion; it was not sealed there, they had no wax; we went to a Stationer's in Whitechapel, and bought a stick of wax, and borrowed

a seal of the stationer; and sealed it there with the stationer's seal, the letter was directed at the alehouse.

Q. Do you know the stationer's name?

Kello. I do not.

Q. Do you know his son's name?

Kello. No, I do not.

Q. What did you do with the letter?

Kello. My brother had the letter; he and I went to the Change; he was to send it to Mr. Cotton.

Q. Who wrote the direction?

Kello. My brother did, in my presence; it was directed to Mr. Cotton.

Q. Before you parted, did you see your brother deliver it to a porter?

Kello. No, I did not: I went with him as far as the 'Change, and there he beckoned a porter; then I went away.

[The letter read to this purport:]

Woodford, Aug. 28. 1762.

"Mr. Cotton,

"Receive the inclosed draught yourself in bank.

"and carry it directly under cover, directed for Mr.

"Rous to be left at the bar of Sam's coffee-house;

"leave the bill with the banker: Should not this

"come to hand time enough this evening, be sure

"carry it early as above on Monday, but don't fail

"this evening, if possible.

Yours,

"   Wm Partridge ."

Q. What time did you part with your brother?

Kello. May be, it was about 6 o'clock.

Q. How long might you stay before you saw Mr. Cotton?

Kello. I believe I might stay an hour and half before I saw him; I saw him when he came home.

Q. Was you here in court when Mr. Cotton gave his evidence?

Kello. No, I was not.

Q. When he came back the first time, what conversation had you with him?

Kello. No particular conversation; only he said he had brought it back.

Q. Why did he say he had not left it at the coffee-house?

Kello. He said he did not chuse to leave it, without seeing the person that was to come for it.

Q. Did he tell you he had left a note at the bar of Sam's coffee-house?

Kello. I think he said he had left a note for the person to call upon him.

Q. What o'clock was it when Mr. Cotton returned from Sam's coffee-house?

Kello. I can't recollect that.

Q. Did you ask Mr. Cotton, at that time, whether he had left the letter for Mr. Rous?

Kello. No, I did not; he first mentioned it to me: I went out after that to Seymour's coffee-house, by appointment, to meet my brother.

Q. Where is Seymour's coffee-house?

Kello. I think it is in Pope's-head Alley, by the 'Change.

Q. What was the agreement made between you and your brother, when you made that appointment to come to him to Seymour's coffee-house?

Kello. That was in consequence of the 'letter, to tell him what had happened; I went and acquainted him that Mr. Cotton had not left it.

Q. What was the next thing done by you?

Kello. My brother agreed then to hasten Mr. Cotton to the Antigallican coffee house: He wrote a note, and sent it to Mr. Cotton, to desire him to go to the Antigallican coffee-house, and leave it there.

Q. Did you see the note?

Kello. No, I never saw that.

Q. Was it a note, or a verbal message?

Kello. I believe it was a verbal message by a chairman: I know the intention was, to have sent a note; but whether he did, or not, I don't know.

Q. Did you see the chairman come?

Kello. I did not.

Q. When did you go next to Mr. Cotton's?

Kello. I believe I went almost directly from Seymour's coffee-house.

Q. Did you, before you went from the coffee-house, make an appointment where to meet your brother?

Kello. Yes, I was to meet my brother, after Mr. Cotton returned, at the Rose in Cheapside: I went to Mr. Cotton's, and Mr. Cotton did not come back till about twelve at night.

Q. When he came in, what conversation was between you?

Kello. He said he had not left the note, nor did he intend to leave it.

Q. Did you endeavour to prevail upon Mr. Cotton to leave it?

Kello. No, I did not; but Mr. Cotton told me he would write to Mr. Partridge, and he did that night. I went by mistake to Ashley's punch-house, instead of the Rose in Cheapside, while Mr. Cotton was writing the letter, and returned to Mr. Cotton before he had finished it, and went with him to the post-house; I lay with Mr. Cotton that night, and got up about six on the Sunday morning.

Q. What made you get up so early?

Kello. I intended to have gone a fishing?

Q. Did you tell Mr. Cotton that was your intention?

Kello. He knew that was my intention. I went and saw my brother at his lodgings about seven that morning; I told him what had happened the day before.

Q. What agreement did you and your brother come to then?

Kello. Mr. Cotton had proposed, on the Saturday night, to go to Hackney that Sunday morning. I told my brother or that; my brother agreed to write a letter to Mr. Cotton, to acquaint him from Mr. Partridge, that he had received an express; and that Mr. Cotton had not acted agreeable to the direction in the first letter, and desire that he would leave it at Sam's coffee-house, without any farther inquiry.

Mr. Cotton. The direction was, to deliver the letter to the bearer; but the bearer being gone, I carried and left it at Sam's coffee-house.

Kello. It was so; Mr. Cotton was going to Hackney; When I returned from my brother, I set out with him, in order to go with him. He proposed to call at the Sun at London-Wall; we stand there, and drank till 12; my brother and I had agreed to present Mr. Cotton from going to Hackney, and that letter was delivered at Aldermanbury by 10; so I left him at London Wall, and made an excuse to go for my handkerchief, and let the porter know he was still at London Wall; who carried the letter to him. Mr. Cotton came to Mr. Partridge's about one, and told me he had received another letter, and; in consequence of it, had carried the letter, with the bank-note in it, to the coffee-house; and he shewed me the letter he had received, which I took care to destroy. The body of that letter was my brother's writing, but the name to it was my writing. I staid and dined with Mr. Cotton. Then I went and acquainted my brother about three or four o'clock, that the note was left at the coffee-house. I met him in Moorfields by agreement, then he and I went together. I staid in the alley while he went in, and got the parcel that was left; then we went together into the fields by Sadler's Wells; there he opened it, it contained a bank-note for 1000 l. I don't know the number of the note, but I saw it; my brother kept the note. Then I agreed to meet him at his lodgings at Bloomsbury about six, which I did accordingly; then we talked about different methods of exchanging it, but came to no conclusion that evening: I lay with him that night; my brother proposed to go to Bristol, in order to get it exchanged, but he had no cash; and I borrowed 10 guineas for him of a cousin of mine, named Lawford; my brother had applied to Mr. Dussell to borrow about that sum that same morning, but could not get it. I lay with my brother at the inn in Piccadilly, I don't know the sign. He set out in a post-chaise on the Tuesday morning for Bristol. The next time I saw him was before Sir   John Fielding .

Q. from Prisoner. You say I received money of you a year and a half?

Kello. Yes.

Prisoner. So then I was a prisoner of yours?

Whether about three months ago I did not give you 34 guineas in a purse, to pay debts of your own, and some of mine? I neither did, or did not: If I did not, say I did not.

Kello. Yes, I did receive some money in a purse of you, I really do not know how much.

Q. Whereabouts might the sum be?

Kello. It might be about 30 guineas.

Q. What was that money for?

Kello. I paid my taylor what I owed him.

Q. How do you reconcile this with having supported him?

Kello. I paid part of my brother's debts; I paid a hatter and a shoemaker.

Q. How much was your own debts, and how much his?

Kello. I paid 13 l. of my own: It was to pay both our debts, for I took his debts upon me.

Q. How much of his debts had you taken upon yourself?

Kello. His taylor's bill was 10 guineas.

Prisoner. How is it possible. I was supported by him? How I came by it, is not the question at present; if any body can prove I did not come honestly by it, let them prove it: He may have lent me a guinea or two, and I the same to him; if he can give an account of any thing to balance this, then I'll stand his debtor; it is impossible for me to say any thing more upon it, from the nature of the thing: what he charges, is falsely concerted and villainous.

  Joseph Partridge . I am clerk to Mr. Baker, the receiver-general of the county of Somerset. Between 9 and 10 o'clock on Friday, the third of this instant, Mr. Culverwell, the landlord of the King's Head at Bridgewater, brought this bank-bill here produced, and asked me if I thought I could get cash for it, with a few bank-notes. I told out the money, by Mr. Baker's order, to Mr. Culverwell, who examined it; there were 888 guineas and 2 s. I told him he must pay 5 s. per hundred for the exchange of it; which he did; and he had three notes; one, No C 3388, payable to   James Shipton on, dated 11th of August 1762, for 30 l. Number 8629 at the bottom; another, No C 1470, payable to   Catherine Shalley , dated 3d of July 1762; value 25 l. with 8630 at the bottom; the next, a bank-note, No C 354, payable to   Joseph Decoster , dated 25th of Sept. 1761, value 10 l; in all, 997 l. 10 s. The prisoner at the bar was there he appeared as the owner of the bank-note, and I delivered the money and notes to him. The landlord came, and desired I would exchange it for a gentleman at his house; so I went and delivered it to the prisoner: I asked his name; he said,   John Hyndman . I desired him to spell his surname; which he did: This I asked him, in order to set it down in my book.

Phabe Lankford. I have known the prisoner some time; he left a large bag in my custody; he said it

was halfpence to the amount of 5 l. Last Saturday was se'nnight at night he put it on the dresser in the kitchen, and told me he would call again in an hour's time. He came, I delivered it to him; he put it in his pocket; then he said he was tired, and desired me to keep it, and he would send for it; it was tied up, and a seal upon the side of it.

Q. Could it be opened without breaking the seal?

P. Lanksord. That I do not know, I did not try; I carried it up, and laid it in a window; and, when I went to bed, I locked it in a little trunk.

Q. Do you remember any-body coming and takeing it away?

P. Lanksord. I do; it was the constable, and justice Fielding's clerk. The prisoner had left some papers the Sunday before he left the bag; he told me they were foreign bills, and bid me take care of them, and said they were of no use to any-body but himself; these papers I sent by a porter that came for them, I do not know who he came from.

  William Neate . Last Monday was se'nnight Sir   John Fielding 's clerk and a porter came to my house with a warrant (I am a constable); they desired I would go and execute it. I went accordingly to Westminster, I think the place is called Woodstreet; it was the house where this last evidence lives; we suspected him to be there: We searched the house, and found this money in a trunk, in a canvas bag, sealed up; the seal was pretty much broke, but the impression not intirely out; the contents were 867 guineas, to the best of my remembrance. I apprehended the prisoner, and searched him at Sir   John Fielding 's; I found three notes in his pocket [ he produced three notes], I am sure these are the same; they were sealed up at Sir   John Fielding 's, and have been under my seal ever since [They appeared to be the identical notes that Mr.   Joseph Partridge gave him in exchange at Bridgewater, one for 30 l. another 25 l. and the other 10 l.]

  John Eleaden . I think the prisoner is the person that came to the Antigallican coffee-house about the 28th of August, about 10 in the evening; he called for six pennyworth of rum and water, and pen, ink, and paper, and asked if I would go of a message for him into Aldermanbury? he did not name any particular house. We had much company in the house, that I could not. Then he asked me if I could get him a coachman. I said I could not; I could get him a chairman or porter. He said it did not signify; he went out, and returned in about four or five minutes. He told me his name was Rous; he paid for his rum and water, and left six-pence for the messenger; and said, if any-body inquired for him, or if any letter or parcel should come, he should be back presently. After that,   Joseph Cotton came, and inquired for Mr. Rous. I told him such a person had been there, and would return again presently. Mr. Cotton staid an hour and half, and then wrote a note, purporting he would deliver the note at Hackney for Mr. Rous.

Q. Did the man that called himself Mr. Rous come again?

Bleaden. No, he did not.

Q. from Prisoner. I wrote a note, did I?

Bleaden. To the best of my remembrance, you are the person.

Q. from Prisoner. Whether the person that was there did write a note, or not?

Bleaden. Yes, and I believe he sent it.

  Joseph Swafield . I am a stationer in Whitechapel. I remember two persons coming to buy a stick of sealing-wax, between five and six one evening, better than a fortnight ago. When they had the wax, they asked for a candle. Then I lent them my seal; they sealed a letter in my shop, and sealed it with my seal [producing a seal with a coat of arms on it.] This is the seal. [The letter and seal compared, the seal exactly fitted the impression.]

Q. Can you recollect whether either of them was the prisoner or his brother?

Swafield. No, I cannot.

  Andrew Brown . I live at the Crown coffee-house, Peter-street, Bloomsbury. A fortnight ago last Sunday I saw the prisoner and his brother together at our house; the prisoner lodged there; and his brother came in about seven in the morning, and they went up stairs together.

  Thomas Diffell . I live at the Crown coffee-house, Bloomsbury. The prisoner lodged at my house; he left me last Monday was fortnight in the morning; he and his brother   Joseph both went from my house together that morning about seven o'clock; that morning the prisoner applied to me to discount him a note of ten or fifteen pounds on his brother for six days, but I gave him my reason why I did not do it.

Prisoner's Defence.

It was impossible for me to prepare properly against this trial; and I find now, from the nature of the evidence, it is impossible for me to say any thing in regard to what my brother has said: You will observe, he has charged me with being necessitous, in applying to him for money; that I have made appear improbable, if not false; he may have carried on this scheme he charges me with, in order to save himself; those gentlemen are the best judges how I have lived this year and a half, where I lived that time; if you please to ask Mr. Duffell, he can inform the court.

Q. to Duffell. How long has the prisoner lodged with you?

Duffell. He came to me last February was twelve months; he lived a regular course of life; he kept tolerable good hours; he seldom exceeded 12 o'clock, and was an extreme sober man.

Guilty , Death .