MATTHEW DANIEL.
10th September 1783
Reference Numbert17830910-2
VerdictGuilty
SentenceDeath

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597. MATTHEW DANIEL was indicted for that he on the 30th day of July last, with force and arms, feloniously did make, forge, and counterfeit, and cause and procure to be made, forged, and counterfeited, a certain letter of attorney with the names, Samuel Tate , Thomas M'Lane , and Michael Randall thereto subscribed, purporting to be a letter of attorney from them, and sealed and delivered by them to George Davis , in order to receive certain prize money, due to the said Samuel Tate , Thomas M'Lane , and Michael Randall , mariner s, for work done on board the Raisonable, with intent to defraud the said Samuel, Thomas, and Michael.

A Second Count. For forging a certain letter of attorney as before, to receive certain prize money, due to the said Samuel Tate , with intent to defraud the said Samuel Tate .

A Third and Fourth Counts. For uttering the same knowing them to be false, with intent to defraud William Green .

WILLIAM GREEN sworn.

I am a Navy agent, I pay the prize money for the Raisonable; the prisoner applied to me in the name of George Davis , about the 30th of July, and produced me this power of attorney, he signed a receipt in the name of George Davis and against the name of Samuel Tate , is annotation in my hand writing, purporting the sum, which identifies the power of attorney.

Did you know a man of the name of Tate? - A man of the name of Tate has since applied, and I paid him yesterday morning, the prisoner was taken up for some other offence, and the power was found in his pocket.

(The Letter of Attorney read.)

SAMUEL TATE sworn.

I was a marine on board the Raisonable.

(The Court doubting whether this was not an interested witness; as in case the letter of attorney should appear to be valid, he would have the money refund, Mr. Green executed a release in Court to the witness.

(The Release read.)

I was serjeant in the marines on board the Raisonable four years and odd months.

Look at that power of attorney: Did you ever give a power of attorney to George Davis to receive your prize money? - No, nor to any other person; this is not my writing; the witness Michell I know, but not Andrews.

RALPH MICHELL sworn.

You was some time ago mayor of Plymouth? - Yes, mayoralty commenced at Michaelmas 1775, and continued until 1776.

Court. This letter of attorney purports to bear date the 5th of July 1783; look at that power of attorney; is that your name, as a subscribing witness with William Andrews ? - No, it is not.

How do you know it is not? - Ever since the change of the stile, I have written my name at full Ralph, nor did I ever write my name spelt with a T.

Who was mayor in 1783? - George Marshall .

Do you know any such person as William Andrews ? - No, I do not.

CAPTAIN COOPER sworn.

I have the honour to command the Stag, the prisoner's name is not George Davis, but he served on board that ship in the name of Matthew Daniel , he was Purser's steward for a year, I have frequently seen him write.

(The Letter of Attorney shewn him.)

Is that the prisoner's hand writing? - To the best of my judgment it is; it is a great similitude of it.

- HALL sworn.

I am a clerk in the Navy Office, I have the book that is kept in the Navy Office.

Look for the Raisonable, is there not a Samuel Tate ? - Yes.

What is he? - A serjeant of marines, he was entitled to prize money in April and May 1780.

PRISONER's DEFENCE.

Please you my Lord, these writings were left by this George Davis , with me on the last Monday in July last, of which there are two substantial witnesses; he delivered these papers into my hand for me to carry them in my pocket, as he was going off for Portsmouth, for Dublin; I took them inadvertently not thinking any thing about it; I never was at Mr. Green's in my life; there he stands, he said at Wood-street Compter, that the person that received the money from him had a scar in his face, so has Davis; I have sent to Portsmouth to see after him, he is now at Dublin, and I have sent to him by Mr. Kelly, who is gone to Dublin to take him if possible: I never saw any thing of the instrument till the last Monday in July last, as I am to appear before the presence of God Almighty: I have not had a day's health since my confinement, and I am totally unprepared; them two powers come under one denomination, and were both delivered to me at one time.

Court to Mr. Green. Have you any doubt of his being the person to whom you paid the money? - No, my Lord, not the least in the world, the man brought two powers in the name of George Davis , he brought one some days before the second, he observed at the same time he should have the pleasure of waiting on me again with another power in a few days.

Was he dressed as he is now? - I do not recollect his dress, he was exceeding shabby.

GUILTY , ( Death .)

Tried by the first Middlesex Jury before Mr. Baron HOTHAM.


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