Offence: Deception > forgery
Punishment: Death > respited
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361. (L.) Robert Powell was indicted for that he on the second of October last feloniously and falsely made, forged and counterfeited, and cause and procure to be falsely made forged and counterfeited, and willingly act and assist in the false making forgeing and counterfeiting a certain receipt for money as follows, that is to say,
400 l. East India stock, at 199 1/2, London the second day of October, 1770 .
Received of Mr. Josh. Sykes the sum of seven hundred and ninety eight pounds; being in full for four hundred pounds in the principal stock and principal part of the fund due to the United Company of merchants of England trading to the East Indies this day transferred in the said Company's books, unto the said Josh. Sykes ; T. Barrow: with intention to defraud one Josh. Sykes against the form of the statute in such case made and provided.
The 6th Count for feloniously uttering with intent to defraud the said company.
Q. Do you know the prisoner?
Bicknell. Yes; on Friday the first; I went out about eleven o'clock upon some business, upon my return about a quarter after I went and sat at the bar; I observed the prisoner setting about eight or ten yards from me; he seemed to look directly at me the whole time; he then came forwards and asked me if I had any brokers used my house. I told him I had several; he said he wished I would recommend him to one; he said he had some East India stock to sell; I called Stephen and desired him to call my nephew, Richard Hanbury , which he did. I bid him go either to Jonathan's or Garraway's, and tell Mr. Portis that a gentleman at my house had some India stock to sell. I don't recollect that I was in the way when Mr. Portis came. I saw no more of the transaction till next day; when about one o'clock Mr. Portis came in a hurry, and asked where the gentleman was that I recommended him the day before to sell some India stock for. I then called to the waiters. I do not know the answer they gave him, but Mr. Portis went out immediately towards the East India House; in about half an hour after that the prisoner and Mr. Portis came to my house together.
Q. Did they stay any time?
Bicknell. I can't take upon me to say.
Q. When did you next see the prisoner?
Bicknell. About the middle of February: the prisoner and Mr. Portis came into the coffee house, they were going down the coffee room; Mr. Portis turned short and asked me if I had any idea of that person; I told him I believed he was the person I had sent for him to sell some India stock for. Mr. Portis desired to speak with my nephew Hanbury; I had him called down.
Q. Can you tell what hour he came in?
Bicknell. About a quarter after eleven.
Q. What reason have you to think so?
Bicknell. I had been out of town that morning; the coach comes in about ten o'clock, and I had been but a very little time in town, then I went out for about twenty minutes.
Q. Did you see any thing more of the person that day after Mr. Portis came?
Q. You say the same person came in at one next day?
Q. Have you any particular reason for saying one o'clock?
Bicknell. I am generally about that time in the coffee room.
Q. Have you any particular reason to think it was about one?
Bicknell. When I saw him the waiter told me the stock could not be transfered on Saturday.
Q. Is that the only reason; that might suit one hour as well as the other?
Bicknell. I am generally in the bar from twelve to three. I think it was about half after one.
Q. Was the prisoner dressed when you saw him as he is now?
Bicknell. No; he had a brown coat; he was in boots, and his hair was undressed.
Q. Did he appear in the same dress afterwards?
Bicknell. Yes; the same the day following.
Q. Have you any doubt in your own mind now, whether he is the same person you saw in your coffee house?
Q. Do you know the prisoner?
Q. When did you see him first?
Hanbury. On the first of October. I was called down stairs by my uncle; he said I must fetch a broker for that gentleman; my uncle desired me to fetch Mr. Portis. I went to Garraway's and Jonathan's to search for him; I brought him with me; my uncle was not at home when I came back; Mr. Powell was sitting then under the dial. Mr. Portis sat with him some few minutes and conversed with him; then Mr. Portis went out and came in again, and informed Mr. Powell that it was no transfer day at the India House and he could not sell the stock; Mr. Portis appointed to meet him next morning to sell it; the next morning between eleven and twelve o'clock the prisoner came in; Mr. Portis not coming at the time appointed, I went for him; he came with me as before. Mr. Portis went to the India house, as I suppose, by himself; he came in again and Mr. Powell went out with him;
Q. How was he dressed when he came first to your house?
Hanbury. I think, in darkish coloured cloaths, and boots and spurs; when Mr. Portis brought him in he was dressed, his hair was powdered: he was dressed the second day the same as he was the first.
Q. Are you sure he is the man?
Hanbury. I am certain he is.
Q. What day of the week did you first see the prisoner?
Hanbury. Upon a Monday.
Q. Had you never seen him before?
Hanbury. Not that I know of.
Q. What time was it that Monday that you first saw him?
Hanbury. I believe between eleven and twelve.
Q. And did the servant give you directions to fetch Mr. Portis?
Hanbury. No; my uncle gave me directions.
Q. I suppose, as soon as you made your appearance in the coffee-house you was sent immediately, and saw him no more then?
Hanbury. I was in the coffee-house the rest of the time.
Q. How long was it before you returned?
Hanbury. For about five or ten minutes.
Q. How long from the time of your return before Mr. Portis went out again?
Hanbury. Not long; I heard Mr. Portis say it was no transfer day.
Q. I suppose you did not attend to the prisoner particularly?
Hanbury. When Mr. Portis came in the first time he came up to me at the bar, and asked me if I knew him; I looked stedfastly at him and then said I did not; he asked if my uncle did; I said I believed he did not.
Q. It was the practice at your house, I suppose, to fetch Mr. Portis.
Hanbury. I have fetched him before to other people.
Q. And Mr. Portis asked you then if you knew them, I suppose?
Hanbury. No; I never fetched him to a stranger before.
Q. Was your uncle in the room when he came next day?
Hanbury. I cannot tell.
Q. Was there company in the room next day?
Q. During all the time the supposed prisoner was there?
Q. Your house was very much crouded, I suppose?
Hanbury. There were a good many people in the room.
Q. You attended as a waiter?
Q. from the prisoner. I believe that person gave evidence before that he thought I breakfasted at the coffee-house that morning?
Hanbury. Yes, he did the first day he came.
Q. from the prisoner. Did I breakfast before or after the broker came?
Hanbury. At breakfast before the broker was ordered to be fetched. I came down before the breakfast was over; the things were before him.
Q. You say he staid a quarter of an hour after the money was paid in the coffee-room?
Q. He did not seem in a hurry?
Hanbury. Not the least in a hurry.
Q. How long did he stay?
Read. Mr. Portis first came back by himself, then afterwards the prisoner came back. I asked him if he had seen the broker; he said he had: in about half an hour Mr. Portis came in to me. I saw some money paid; I was standing by at the same time.
Q. How long after the money was paid did the prisoner stay?
Read. About ten minutes. When he went out he gave me six-pence.
Q. Can you tell what time he went out?
Read. About half an hour after one.
Q. When did you see him again?
Read. When he was brought in by Mr. Portis; they each called for a doctor. I went to my master, and said, Sir, I am certain I know that gentleman; he is the person that went with Mr. Portis to the East India house.
Q. How came you to say to your master that was the man? what reason had you to say that?
Read. There had been an advertisement in the papers about it.
Q. Had Mr. Portis been to your coffee-house to make enquiry after that person that had been with Mr. Portis?
Read. Yes: several times.
Q. What time did he come at the first time?
Read. About half after eleven.
Q. Was your master at home then?
Read. Yes, when he first came in.
Q. What time did he go away?
Read. A little after twelve.
Q. What time did he come in on Wednesday?
Read. About the same time.
Q. What time did he go away?
Read. He went out with Mr. Portis about twelve?
Q. I believe there was a very considerable reward offered upon the occasion?
Read. I cannot recollect.
Q. How much, Sir, upon your oath?
Read. Two hundred pounds.
Prisoner's Council. My Lord, I beg Mr. Portis may be sworn to answer (he is sworn to truly answer such question as the Court should demand of him.
Prisoner's Council. Are you a broker?
Q. Has not there been an action brought against you by the India company?
Q. No action by the India company?
Q. Do you know who was at the expence of that writ?
Portis. I do not know; I understand the India company meant to defray the expence of it.
Q. Do you know for what purpose the action was brought against you?
Portis. In order to try whether I, as a broker, and a subscribing witness to the transaction, was liable to make good the stock transferred.
Q. I believe it has been intimated to you that if this man is convicted that action is not to go on?
Portis. I have heard nothing about that; but I understand that the action is not to go on; I have not, indeed, had it from the India company, or the attorney. I heard somebody saying, in a cursory way, that they supposed there would be no more of it; but I heard nothing of it in a regular way.
Portis. I cannot tell; I gave it into the hands of my attorney; I have heard no more of it.
Q. When was you served with the writ?
Portis. Last term I believe?
Q. Do you mean last Easter term?
Portis. I think so.
Q. Have you had any conversation with any agents of the East India company?
Portis. Not respecting the action.
Q. Had you some intimations that this action is intended to be dropt?
Portis. Not from the company.
Q. You have, I suppose, from somebody?
Portis. I met Mr. Rous, the director, one day, and he said, that as I had took the man, he supposed I should have no more trouble.
Court. Sware him in chief.
(He is sworn to give evidence.)
Q. When did you first see the prisoner?
Portis. On Monday the 1st of October. Richard Hanbury came to me on Monday, between the hours of twelve and one, near one, and told me a gentleman at their house wanted me to sell some stock for him. I went to the bar, he pointed to the box, and said, That is the gentleman wants you. I went up to him, and asked him what his commands were; he said he wanted to sell 400 l, India stock; I turned round to Hanbury, and asked him, Who recommended the gentleman to me? he told me his uncle; his uncle, I observed, was not in the bar; I asked him where he was; he said, he was gone out; I went up to the prisoner, and asked him his name; he told me his name was, Taylor Barrow ; I then recollected that it was not transfer-day for India stock; I told him if he would call again about the same time on the morrow I would do his business for him.
Q. Are you sure you said that directly to him?
Portis. I don't recollect my going out of the coffee house: I might have gone out, but I do not recollect it. The next day, Tuesday 2d of October, Hanbury came to me as before, and told me the same person was at their house waiting for me. I then came to Bicknel's coffee-house, and it was then a little after twelve o'clock. When I came to him in the box, I desired his name, and where he lived, that I might put his name upon a slip of paper, to give in the ticket for the transfer, to have it ready, when I had sold the stock; he told me then again that his name was Taylor Barrow ; recollecting himself, he put his hand in his pocket, and produced a receipt for 400 l. which he said was the original receipt for the stock: that transfer was signed in May, in the name of Louis Oger or LOger, to the best of my knowledge: then we went up to the India house together. When we came to the transfer office in the India house, I desired him to sit down, pointing to a vacant chair near the fire place. I desired him to sit for a minute, I would go in where the crowd were; where they were upon business, and would sell the stock. I met with Mr. Cotton, who wanted to buy 400 l. India stock; I sold it to him at 199 l half. He then gave me the name of his principal, Joseph Sykes ; I put it upon the paper. Then I carried the ticket, in which the name of Taylor Barrow and Sykes were, to the clerk o f the transfer, and delivered it in. Mr. Cotton applied once or twice before one o'clock, to know if the transfer was ready; this was about half an hour after twelve o'clock, as his principal was waiting to accept the stock, and pay for it. I went up to the books, and asked the clerks if such a transfer was ready; they said, no, but it should be forwarded. Mr. Cotton was impatient to have it done: I went up, and got it done about one o'clock. When it was ready I went to the place where I left the prisoner; he was gone. I went up to Mr. Cotton, and said, I supposed he would return immediately. We staid a few minutes; Mr. Cotton was impatient, and said if he did not come in soon he must buy the stock in upon me (referring to a particular custom.) I said to Mr. Cotton I never saw the person before; I requested him to stay. I went to the coffee house to look for him; I did not find him there, but found him in the street in Cornhill, going towards the India house. I told him of the delay he had occasioned; he said he did not think the transfer would have been so soon ready. I went on before him; he came in after me. When we came up to the books, I desired him to give me the old receipt; he pulled out a number of papers, and seemed to be in a little confusion, at last he pick'd it out from among the papers; I then filled up a receipt, which I saw the prisoner sign in the name of
Q. What did you or the prisoner do upon the receipt being signed?
Portis. It was given to the clerk of the transfer to compare with the original acceptance in the book.
Q. Did it resemble it?
Portis. Yes, very much. The clerk returned it to me, and mentioned that the hand writing was the same. The prisoner came up, and signed the transfer in the books. After the receipt was witnessed, Mr. Donaldson gave it me; I gave it Mr. Cotton, and said I would go to his office for it. I desired the prisoner to go to Bicknel's, and wait; and I would bring him the money as soon as I got it. I went to Jonathan's coffee house, having some little business to transact; then I went to Cotton's: I received a draught upon their bankers for 700 l. I also received one note of 50 l. one of 40 l. and 8 l. in money. I went with the notes and money in my hand to Bicknel's coffee-house; this was more than half an hour after one. I then paid the prisoner the money, deducting for the transfer 12 s. and 10 s. for my commission.
Q. Do you recollect the dress of the prisoner the first day you saw him?
Portis. He was in a mixed colour, a sort of drab colour.
Q. Dark or light?
Portis. Rather a dark; he had his boots and buckskin breeches on; no powder in his hair; and the fore flap of his hat down.
Q. How was he dressed the next day?
Portis. The same dress.
Q. How long was it afterwards before you saw him again?
Portis. The first time was on Monday the 18th of February; I was crossing the lower end of Lombard street, near the Mansion house; and met him dressed in morning, much as he is now.
Q. Had the fraud been discovered before this time?
Portis. Yes; in February, I think. The moment I saw him I knew him.
Q. Had you made any efforts to find the man out?
Portis. Yes; I had been down to Gloucester, and also almost as far as the Devizes, to see some persons that were suspected. I went up close to him, and look'd at him five or six times, from the end of Lombard street almost to the end of Nicholas lane. He kept his face toward the wall; he never once turned his face toward me from the moment I first saw him: just at the end of Nicholas lane I put my arm through his as he was walking, and just stopt him: I said, Sir, I beg your pardon, I have something to say to you, he turned round and looked at me, and said, Sir, I don't know you, you have the advantage of me; I said, It is very strange, it I don't know you. I told him I had some particular business with him which I wanted to communicate; he wanted to know my business, he was in a hurry he said; I requested him to go with me to a coffee-house; after some time desiring me to inform him of the business there, he said he would go with me to a coffee-house; I said we would cross over to Bicknel's coffee-house; upon that he seemed to shrink a little, and said, Why Bicknel's? there are other coffee-houses nearer than Bicknel's. I said, I knew none nearer, and I was going there, and requested him to go with me; I kept walking with him in that manner till I got him under the gate-way of George-yard; then he said my business was so strange he did not understand it; and did not know why he should go with me; he said, Sir, What would you think for a person to accost you so strangely that you never saw? I said, I should suppose he had some business with me; and I would not be against going to a coffee-house with any man; we went on to Bicknel's coffee-house door; then he went in before me; he went and sat down opposite the bar in a box; I went up in some little time, and asked Mr. Bicknel if he knew that gentleman that was come in with me; he looked at him, and answered immediately, and said, Yes, Sir, it is the person who committed the forgery. I then asked him where Dick was; meaning Richard Hanbury ; he said, Dressing himself; I desired him to be called immediately; he was some time a coming; the prisoner put many questions the while, endeavouring to persuade me he did not know me. Hanbury came up to the box, I said, Do you know this gentleman in the box? he said, Yes, perfectly well; the prisoner then asked what my business was; I said, I brought him there as the person that committed the forgery on the 2d of October; the prisoner proposed to send for somebody that knew him; he said he kept cash at Mr. Staples's; and that if I would go
Q. I understand from the manner in which you have given your evidence, you are very positive to the identity of the person, that the prisoner is the person that committed this forgery?
Portis. Yes, positive.
Q. Who was the magistrate you carried him before?
Portis. Mr. Shakespear, he was sitting alderman.
Q. Before Mr. Shakespear, did not you hesitate and seem uncertain?
Portis. Not to my knowledge; I never had any doubt of the person.
Q. Upon this receipt here is the figures com. and casting up, 798, 10.
Portis. It is not my figures nor writing.
Q. Was it upon the receipt when the prisoner signed it?
Portis. It was not.
Q. Did not the prisoner propose to go to Lloyd's with you?
Portis. I don't know but he might; he proposed any other than Bicknel's.
Q. In fact there are some nearer?
Portis. I believe there are.
Q. When he observed it was a strange manner in which you addressed him, did not you say it was an odd circumstance, and that he was very much like the gentleman?
Portis. I said it was odd, appearances were very often deceitful; that I said to get him along with me to the coffee-house.
Q. Look at the receipt, do you see the figures com. 10?
Cotton. Yes, they were not there then; they are put there since that time.
Q. to Mr. Portis. I take it for granted you furnished the advertisement?
Q. Do you recollect whether the person who has done this fact was described as a slim man?
Portis. I mentioned a light made man, but it was put in as a slim man afterwards.
( The advertisement read which describes him to be a man of slim stature.
Q. Was not your description slim in stature?
Portis. It was taken from me by Mr. Thompson; that phrase in the advertisement struck me, for I said he was rather a light made man.
Q. He wore powder when you saw him in Cornhill?
Portis. No, neither the first, nor second of October; he did when I took him up.
Q. Do you recollect the transactions?
Donaldson. I do.
Q. Who was the broker in it?
Donaldson. Mr. Portis; I can't say that I know the person of the prisoner; I remember he was in a flapt hat, and I think brownish coloured coat; he had a pair of boots remarkably clean, and a pair of spurs on; and I think, to the best of my remembrance, a pair of leather breeches.
Q. It was the person that came with Mr. Portis that signed the receipt.
Donaldson. Yes, it was I that witnessed it.
James Merry . I was a clerk in the India House at the time; if I had never seen the prisoner from that time till now I should not have had the least doubt but he is the person that committed the forgery; the difference is so great in his dress that I cannot swear positive. I have been upon the account of the company at divers informations concerning different persons, but if I had met him upon any of them I should have apprehended him as believing him to be the person, but I will not swear to him. I did not see the transfer signed.
Q. You was then a clerk in the house?
Merry. Yes; the occasion I had to take notice of him was very trifling.
- Lambert. I wrote the word com. which signifies commission, and wrote ten shillings, and added that to 798 l. which made it 798 l. 10 s.
I trust to the Justice I shall meet with in this Court and my evidence that will be pleased to appear in my behalf to prove where and what
For the Prisoner.
Rice Williams. I live in London. I am a labouring man.
Q. Where did you live in the month of October.
Williams. I was servant to Mr. Powell; a waggoner.
Q. Do you remember any accident that happened to one of his ervants?
Williams. He was killed with a coach upon Monday the day before Michaelmas-day.
Q. Where was the body carried to?
Williams. To the Green Man at Pottars Bar. I cannot recollect the man's name.
Q. Was it Barkwith?
Q. Do you remember the coroner sitting ?
Q. Do you remember where Mr. Powell was day after this accident?
Williams. I drove him in a carriage of his own, home, from Islington to Edland in Hertfordshire.
Q. In what carriage did you drive him?
Williams. In a coach.
Q. Was any body with him?
Williams. Yes; his brother-in-law and maid servant.
Q. What time did you set out in the morning?
Williams. I cannot tell; he was at Islington at the Angel about half after nine; we staid there a little while, my master told me to take care to be at the burying of the man on Tuesday. I sat off from Islington before ten o'clock, I left Mr. Powell at Islington; he said he would take care of the horses.
Q. Upon Monday, how was he dressed?
Williams. In a sort of a blossom coloured coat, waistcoat, and breeches, like a blotting paper colour.
Q. Did you see Mr. Powell on Tuesday?
Williams. Yes; at about five o'clock in the evening, at Potters Bar; he was dressed the same as he was the day before.
Q. Why did you take such particular notice of his dress?
Williams. I lived with him a year and a half.
Q. Why did you take such particular notice of his dress?
Williams. I generally do.
Q. What dress was he in the Tuesday before?
Williams. I cannot tell.
Q. Why did you take such particular notice?
Williams. Because I never drove him in the carriage before or since.
Q. And it was a blossom colour?
Williams. As far as ever I can say.
Q. Had he any boots on?
Williams. I can't tell so far.
Q. I should think it would strike you pretty much was a gentleman to ride in a carriage in boots?
Williams. I did not take notice.
Q. Has Mr. Powell any house in town?
Williams. Yes; at No. 26, Dowgate-hill.
Q. Where did he lodge?
Williams. At Mr. Powell's, I believe.
Q. And all the time you was there?
Williams. Yes; he used to come constantly backwards and forwards.
Q. How far is it to Potters Bar?
Williams. About fourteen miles.
Q. I believe the fourteenth mile stone stands at the door; so then you did not see your master till you saw him at Potters Bar upon Tuesday?
Williams. No I did not.
Q. How came he there on Tuesday; in a carriage or how?
Williams. I cannot tell.
Q. What was he dressed in on Tuesday, when he came to Potters Bar?
Williams. The same coat, waistcoat and breeches.
Q. Can you tell whether he had boots on or not?
Q. Nor how he got there?
Williams. I do not know.
Q. Had he appointed to be down at any particular time of the day?
Williams. He did not tell me he would be down, but told me to be sure to be there at one o'clock, and he chided me afterwards for not being there in time to bury him.
Williams. I cannot tell.
Q. When did that happen?
Hopkins. Upon the Friday before Michaelmas day.
Q. Do you recollect where you was on the Monday following?
Hopkins. At Edling: I came up in the post-chaise with Mr. Barrow and Mr. Powell; we came to Islington to the Angel between nine and ten.
Q. Do you remember how Mr. Powell was dressed that day?
Hopkins. To the best of my remembrance, in a blossom coloured suit.
Q. Was that what he usually wore?
Hopkins. Often. I came from Wales on the Saturday before.
Q. Can you tell whether a dark or light suit? was it like this (shewing her a piece of blotting paper.)
Hopkins. I think it was.
Q. Had he the same coloured waistcoat, or breeches?
Hopkins. I did not take particular notice of his breeches.
Q. Had he leather breeches?
Hopkins. I do not know.
Q. Had he boots?
Hopkins. I cannot tell.
Q. What became of you?
Hopkins. I went into the city directly as I got there, and left my master at the Angel.
Q. What time was it when you went from the Angel?
Hopkins. Between nine and ten: I called at Mr. Evans's the mercers, and then went home to Mr. Powell's house.
Q. What time did you get home?
Hopkins. Between eleven and twelve to Mr. Powell's, at Dowgate-hill, I did not see Mr. Powell any more that day, or next day.
Q. Do you remember seeing Mr. Powell on Monday the first of October?
Jones. Yes; about ten o'clock he came into our house.
Q. How long did he stay there?
Jones. About a quarter of an hour.
Q. Did you go with him any where?
Jones. Yes; as far as the corner of Old-street; we were talking about Mr. Powell's man that was kill'd; he went down Aldersgate-street, and told me he was going to Smithfield to enquire something about the coroner.
Q. Do you pretend to speak with certainty as to the day and time?
Jones. Yes; I sought the pots in that day; he was in our house four or five minutes before I came in with the pots; I saw him about ten, half an hour under or over; he called for sixpennyworth of rum and water; I drank with him; I went away directly.
Q. Do you remember Mr. Powell being at your house on Michaclmas-day?
Q. What brought him down to your house?
Backwith. An accident of his man's being run over the night before. I was constable for the parish that year; I had him taken into my house, and the prisoner and another gentleman came and gave orders for the coroner to be sent for.
Q. Do you remember seeing him the Monday after?
Backwith. Yes, in Smithfield.
Q. What time of the day?
Backwith. Between ten and eleven, I believe, but nearer eleven; I am not very positive to a quarter of an hour.
Q. What passed between you?
Backwith. He asked me what day the coroner had fixed for the jury to be summoned, which was next day, Tuesday; I told him two o'clock; he desired me to provide a dinner for them, and he said he would come down if he could: he staid about five minutes with me in Smithfield. I returned to Potters-bar, and did not see him any more that day: he was at my house next day, just after the corpse was gone to be interred, which was
Q. Did any body wait dinner for him that day?
Backwith. Nobody at all. I told the jury he said he would be down to dine with them, if he had nothing material upon his hands.
Q. How far is your house from London?
Backwith. It is fourteen miles and about a quarter to my house.
Q. Was he on horseback, or in a carriage?
Backwith. I cannot say; I only saw him in the house.
Q. Had he boots on, or shoes?
Backwith. I cannot say which.
Q. Do you know Mr. Powell?
Q. Did he come to your house on the first of October?
Hawkins. Yes; on Monday, about twenty minutes or half after twelve.
Q. What did he come about?
Hawkins. About a note, owing to my husband from Mr. Powell; the note had been due sometime; we had not sent to him for the money, and he called to pay it.
Q. How long did he stay with you?
Hawkins. About a quarter of an hour; it was after the men went to dinner; he was just gone before they came back; they go from twelve to one.
Q. You are sure it was that particular day?
Q. That note had been due two or three days before?
Q. Do you know Mr. Powell?
Q. Do you remember seeing him about the time of the accident to his servant?
Parrey. Yes; the Monday after; he said he had some time to spare whilst somebody went to fetch his horse, or mare, from somewhere out of town for him to go to Uxbridge after the coroner.
Q. What was your conversation.
Parrey. Most of it about the accident of the man; he was afraid he said he should loose his horses, or something.
Q. What did he say about the coroner?
Parrey. I understood him he was to go to the coroner at Uxbridge that evening. Mr. Powell said if he could find the coroner, and give him something, it would save his horses; and said he would ride to Uxbridge himself at night. Mr. Powell had not dined; I asked if I should get something; he said no, a Welch-rabbit, or any thing would do; he had one, and stayed with me three hours.
Q. Was he going on horse-back to Uxbridge?
Parrey. Yes; he waited with me till his horse was fetched.
Q. Was he ready dressed? had he boots on?
Parrey. I do not know; I did not take notice.
Q. You do not know whether he came back from Uxbridge next morning?
Parrey. No; I did not see him for months afterwards.
Q. Did you live there the first of October?
Q. Do you know Mr. Powell?
Highmore. I saw him there on Monday the first of October; he had a pair of horses, and a post chaise came in, which were put up there, about nine in the morning. It continued there till Wednesday following.
Q. When did you first see him afterwards?
Highmore. A week or ten days afterwards: perhaps I might see him between, but I don't know; being a stranger, I did not know him at that time; whatever company was in the chaise were got out before I saw the chaise: at that time I did not know Mr. Powell.
Q. Do you know whether you saw him on Tuesday?
Highmore. I cannot say I did; I do not remember.
John Palmer . I drive a post-chaise. I live at the Bull, at St. Alban's now; I lived at the White Lyon, at Kits-End; I took up the prisoner at the Angel inn a little before eleven o'clock; I was driving a return'd chaise.
Palmer. I believe, the second or third of October; I did not take particular notice.
Q. Can you recollect the day of the week?
Palmer. I am not sure whether Tuesday or Wednesday.
Q. What time did you get to Barnet?
Palmer. A little before one, I believe.
Q. You do not pretend to fix the day?
Palmer. I cannot swear to the day.
Q. Do you remember the time his man was killed?
Roberts. On Friday. Mr. Powell was at our house on the Tuesday after, when I was at dinner.
Q. What time?
Roberts. I generally dine about two o'clock. Mr. Powell borrowed the grey horse of my master that day; I brought him to the door; then the horse was put up again, because we were to have some victuals.
Q. Are you sure about the hour of the day?
Roberts. I am not clear to an hour.
Q. But he got a horse of your master?
Q. Which was the way he went?
Roberts. To Potters-bar.
Q. How far is Potters-bar from your house?
Roberts. About three miles?
Q. Who brought that horse back?
Q. Do you remember the prisoner?
Jones. Yes; I brought the grey horse back to Mr. Wilkinson, at the Mitre, that he borrowed.
Q. Can you tell what day of the week that was?
Q. How long after Michaelmas day?
Court. There is no dispute about the time.
Richard Wilkinson, I keep the Mitre at Barnet.
Q. Do you remember lending Mr. Powell a horse on the second of October?
Wilkinson. I cannot charge my memory to any particular day; I have lent him horses at several times: I cannot charge my memory with any thing relating to Mr. Powell of any particular circumstance.
John Roberts . I saw Mr. Powell once at the Mitre at Barnet; I was mentioning something of the unhappy circumstance of the man's being kill'd; Mr. Wilkinson, or somebody, said, Here Mr. Powell is; I just turned my head, and saw him through the window.
Q. Can you tell what day this was?
Roberts. I cannot charge my memory.
Q. You remember that accident happening?
Q. Then it was about that time?
Roberts. Yes, it was.
Q. Can you tell whether it was the day the coroners jury far, or no?
Roberts. I cannot charge my memory.
Q. What time of the day?
Roberts. I think, after dinner.
Council for the prisoner. Now, my lord, we will call witnesses to prove that he has been all along regularly about his business.
Q. Do you know Mr. Powell?
Jennings. Yes; I am acquainted with him; I was with him before he went into Wales.
Jennings. In the beginning of September.
Q. Did you then know of any intention of his to go into Wales?
Jennings. Yes; I had just returned from Wales myself; it was in the first week of September; he said he was going down into Wales; he said he would go in a few weeks; I came from Wales on Saturday; I got to town on Saturday the first of September.
Q. Did you see Mr. Powell in October?
Jennings. No, I did not.
Q. Do you know when he went into Wales?
Evans. I cannot recollect?
Q. What month?
Evans. I don't know.
Q. Do you remember seeing him in London the beginning of October?
Evans. I do not.
Q. How long have you known Mr. Powell?
Evans. Between three and four years.
Q. What was his general character?
Evans. An extraordinary good one.
Q. Did you see him in the month of October?
Hughes. I can't say as to that.
Q. Have you seen him frequently?
Q. How many times in a week?
Hughes. Sometimes not once in a week.
Q. Till he went into Wales was there ever a fortnight passed without your seeing him?
Q. What is his general character?
Hughes. I thought him a strictly honest man.
Q. Did you see him in October last?
Roberts. I can't say.
John Hughes . I farm the poor at Hoxton; I have known him from a child; his character is an exceeding good one; so are all his family. I saw him on Sunday the 7th of October, at Edling, at his own house.
Hugh Hughes . I keep a mercer's shop at Charing Cross; I have known him about twenty-eight years; I would have trusted any sum of money, consistent with a man's own safety, with him, had he wanted it; he was a frugal man; he dealt very justly.
Q. Do you remember seeing him in the month of October?
Hughes. I saw him in August; I cannot say for October.
William Lloyd . I am a woolen draper in Newgate-street, I have known him four years; he has a very good character; I had dealings with him in the wine way; I always looked upon him to be a very honest man; that is his general character.
Thomas Jones . I live in Ratcliffe Highway. I have known him intimately for twelve years; I recommended him to my best friends; I have got credit by recommending him. There is one circumstance. Mr. Barrow is very careless about his papers; I have now an indemnification, under his hand, for a bill of ine that he has lost, that it should never come against me.
Q. from the prisoner. Whether you ever thought I had more money at that time or since that I used to have?
Mr. Watts. No; the sums paid in October, and since, were just the same as usual.
Q. Did you see Mr. Powell in October?
Mr. Watts. I cannot say that; most probably I did: business was done by him in October; he did not come much to our shop.
Q. Do you remember his going to Wales, or being about his business in October?
Mr. Barrow. No.
Q. What is his character?
Q. from the Prisoner. Do you know of my having money at interest last October?
Mr. Barrow. He has money at interest for his wife; he receives the interest during his life.
Q. That is his wife's fortune settled upon her?
Mr. Barrow. Yes.
Q. What time?
Granger. Before he went into Wales.
John Cooke . I bought twelve beasts of Mr. Powell's servant; I complained of one at the time; the servant said if the beast did not turn out well, his master was a gentleman of honour, and would make me amends; it did not turn out well, I complained of it, and he sent me three guineas.
Guilty , Death .