AARON MENDOZA, JACOB BALFORT.
10th September 1788
Reference Numbert17880910-92
VerdictGuilty
SentenceTransportation

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591. AARON MENDOZA and JACOB BALFORT were indicted for stealing, in the dwelling-house of the said Jacob Balfort , on the 22d of August, a bank note, value 10 l. another bank note, numbered 1774, value 20 l. another bank note, No. 4979, value 10 l. another bank note, No. 553, value 10 l. another bank note, No. 4115, value 10 l. another bank note, No. 5175, value 10 l. another bank note, No. 6259, value 10 l. another bank note, No. 4333, value 10 l. another bank note, No. 1208, value 10 l. another bank note, No. 5962, value 15 l. another bank note, No. 3711, value 15 l. another bank note, No. 3700, value 20 l. another bank note, No. 5501, value 10 l. another bank note, value 20 l. another bank note, No. 4028, value 10 l. the same being the property of Pietro Spara , and the respective sums of money secured thereby then due to him and unsatisfied .

The case opened by Mr. Sylvester.

PIETRO SPARA sworn.

(being a foreigner an interpreter was sworn.)

Interpreter. He speaks a bad Italian, a kind of jargon that they speak in the northern part of the Venetian territory; any body that understands Italian may understand some words, but not the whole.

Mr. Silvester. What countryman are you? - I belong to Bediescel in Venice.

When did you arrive from the East-Indies? - About twenty days ago.

What did you bring with you in bills or notes? - I brought a bill which one Mr.

Ravison gave me in Calcutta upon Mr. Lance.

Did you receive the money from him or any notes from him? - I received a bill.

Upon whom? - On a banker.

What banker? - I do not recollect.

Do you know that young man, (the banker's clerk)? - Yes, I received nineteen guineas, and the prisoner Mendoza received the notes.

Who was with you when you went to the banker's? - Balfort and Mendoza, the prisoners.

When did you first see those two men? - When I first came from abroad, the prisoner Balfort came to fetch me from the ship called the Rodney.

Did you know Balfort before? - No.

When Balfort came on board the Rodney what passed? - He told me if I would come to his house, I should have apartments well furnished, and good victuals; I went to his house.

How soon after did you tell him about this draft? - Two or three days after, I told him I had a bill on Mr. Lance, I shewed him the bill.

How soon after you had been at Balfort's house did you see Mendoza? - Three or four days after.

Who introduced Mendoza to you? - Balfort.

How did you go the banker's? - In a coach.

When you came to the banker's what passed? - I received nineteen guineas, and Mendoza received the notes.

How many notes? - I did not count the notes at the time Mendoza gave the notes to Balfort; and I said, give them to me, they are mine, which they did; afterwards we went in the coach; when I went a little further in the coach, I counted the notes, and there were fourteen.

What was the whole sum you was to receive? - I do not know, for I cannot read or write; then we went to Balfort's house.

In what room did you go? - I went into the house, and afterwards I went into my bed-room.

And had you your notes at that time? - Yes.

Where did you sit? - On the bed.

Where did you put your notes? - Upon the bed.

How near to you? - I counted them there on the bed.

How many were there then? - Fourteen, and I gave them to Balfort to count the notes, and he returned them.

When they had reckoned the notes, did they say any thing to you, whether they were right or not? - They said they were right.

Which of them said they were right? -

Balfort told me on their counting the notes on the bed, that there were fourteen, and they were right.

Did Mendoza say any thing to you about the notes? - He counted them in the coach, and said they were right.

What became of the notes then? - I folded them up, and tied them with two strings, and placed them on the bed.

Who was in the room at that time? - Balfort and a soldier.

Was Mendoza there? - No.

How soon did Mendoza come in? - Mendoza never went into my room.

How near did Balfort sit to you? - Very near.

How near was the soldier? - A little distance; there was a doctor came in.

Before the doctor came in, had you the notes in your hand? - I had the notes on the bed, and I laid my hands upon them.

How long was it before the doctor came in? - Three or four minutes.

What passed when the doctor came in? - I paid him three shillings for some medicines.

Was the doctor, or the soldier near the bed? - The doctor was at a distance; and the soldier rather at a distance, but nearer than the doctor; the soldier was sitting

on the corner of the bed, and Balfort was sitting facing me.

How soon did you miss your notes? - When the doctor went out of the room, Balfort went after him, to give him something to drink; and the soldier was sitting down on the corner of the bed.

When did you miss the notes? - Two minutes after Balfort went out of the room, the soldier went out likewise; then I turned about, and missed the notes.

That was after the soldier went out? - Yes.

Was the soldier near enough to reach the notes by the side of you? - He could not reach them as he was not of that side.

Could the doctor? - No.

What did you do as soon as you had missed the notes? - I staid at home, quite alarmed.

Did you apply to either of the two prisoners? - I called Balfort into my room, and said, I want to speak to you; you took my notes; I know you are joking; give me them again.

Did they give them again; - They said, they knew nothing about it; Balfort put his hands to his mouth, and smiled, and said, on one part I am very sorry, and on the other side I am very glad.

What became of Mendoza? - Two days after he came.

Did Mendoza go with you in the coach to the banker's? - Yes.

When did Mendoza go away? - Mendoza went into the house, and in a little time after he went away; before I went into my room.

Court. Ask him whether he counted the notes himself? - I counted them in the coach.

How many were they? - Fourteen.

Mr. Garrow, Prisoners Counsel. My lord, will you give me leave to ask a question of the marshalman which may dispose of the case.

To Clark the Marshalman. How long have you been marshalman? - Three or four years.

Is Houndsdith in London? - Yes, I believe it is.

The whole of it? - Yes.

Mr. Silvester. Did you stop any where? - No.

Mr. Garrow. Did the coach stop any where in the way from Mendoza's to Balfort's? - No.

Mr. Knowlys, another of the Prisoners Counsel. Ask him whether Balfort or Mendoza left him any time at all in the way from the banker's house? - They went altogether.

Did they leave you at all? - No.

Where is Balfort's house? - In Plough-alley, Wapping.

Mr. Knowlys. Did you ever see that soldier since the day you lost your notes? - Yes, he used to go there afterwards.

Is that soldier here a witness? - He is not here.

Did not Mendoza and Balfort go with you to the banker's after this, to enquire about the notes? - Mendoza did, but Balfort did not.

At what distance of time from the time you lost the notes? - One or two days after.

Did not Balfort go with you, and the banker's clerk, to the public office in Bow-street? - Yes, they both went, and the banker's clerk.

Had you a hearing the first time you went there? - Yes.

Was there an examination? - Yes.

Did not they go voluntarily with you a second time? - Yes.

Was not you robbed of some of your money by some Frenchmen at one time? - Yes.

Whether Balfort was not the man who took pains to discover them, to get the money back again? - Yes, he did not get all, but some; I got nine guineas, and seven shillings, by the assistance of Balfort.

Were not these Frenchmen intimate with the prosecutor? - No.

THOMAS OTWAY sworn.

I am clerk to Messrs. Batson's and Co. they are bankers in Lombard-street; I perfectly remember that foreigner, (the

prosecutor) coming to our house, on Friday, the 22d of August; I think it was about twelve; he brought a draft for which I gave him 200 l. in different bank notes; fifteen in number, and he had in money, 20 l. 6 s. 5 d.

Mr. Garrow. What paper is that? - The number of the notes; I entered them at the time I paid them; this is a copy of the note that is found.

Mr. Garrow. I object to his looking at his copy.

Where is the note? - The bank had the note.

Mr. Silvester. Are you sure that is one of the notes? - I am perfectly sure that is one of the notes I paid to this foreigner; I have not a doubt of it.

Who was present at the time? - The two prisoners were in company with him; I thought they had been all foreigners; I took particular notice of them from their being so aukward in the business; I laid down the money on the counter; and I believe Mr. Mendoza counted them over; and he said to the prosecutor, they are all right, and he gave them to him.

Mr. Garrow. This note which you have produced cancelled, you received from the Bank of England? - Yes.

Are you a cashier at Batson's? - I am not cashier; I pay all bank notes in general, when I am in the way.

When did you get it in this cancelled state from the bank? - I believe it was the Tuesday after the man was robbed; it was the 29th of August, we had it from the bank; I see I have marked it on the back.

Of course, you pay a great number of bank-notes in the course of a month? - I certainly do.

Can you tell me any number of any one bank note that you paid on the same day to any body, without referring to your book? - That is quite impossible.

Suppose the book burnt, and I put this into your hand, are you at all able to say, this is one of the notes? - It is impossible.

(The book sent for.)

- FOSTER sworn.

What are you? - A servant to Mr. Howard, of Houndsditch.

What is he? - A pawnbroker; I know the other man by sight, but Aaron Mendoza I have known these dozen years; I saw them at our shop, about three o'clock on the 22d of August; they fetched out a coat and waistcoat, and hat, for a guinea, I told them it came to a guinea and eleven-pence, and they came in together; Balfort threw me down a 20 l. bank-note; I gave them eighteen guineas and one penny; I put their names at the back of the note.

Whose clothes were they? - They were Mendoza's cloaths, but Balfort tendered me the note; we put the names to the back of every note we take.

What became of the change you gave them? - Balfort took the money, and Mendoza had some; I cannot call to mind what money they had; I told Justice Bond the same; Mendoza had some gold, but I cannot be certain what sum; I am clear to a guinea; I saw Mendoza the Tuesday following, and he asked me what I had done with the note; - I told him, it was gone to the Bank; says he, can you tell the number? says I, no, I took no notice of the number; but I told him, I had put both their names at the back, being both together; Mendoza said, he had been robbed, and he wanted to find out some notes by that number.

Mr. Fielding, Prisoners Counsel. Are you sure as to the time when they came into your house? - I am positive it was about three, it was not four, at the farthest; I had just done dinner when they came in; Mendoza had the note first, he gave it to Balfort, Balfort gave it to me, I set down the names, and gave him the change.

JOHN BOULT sworn.

I am cashier of the Bank of England; this is a bank-note.

- GROVES sworn.

I never spoke to either of the prisoners in my life.

Mr. Knowlys. I believe you was present at this examination before the magistrate? - I was.

What was the time that the prosecutor said he lost these notes in Balfort's house? - As far as I can recollect, it was about six o'clock.

Mr. Silvester. Was it taken in writing? - I do not know; it appeared to me, that the time these notes were lost, was about six o'clock.

ANN GOULD sworn.

Mr. Garrow. How many years have you been the wife of Balfort? - I am not his wife.

How long have you lived together as man and wife? - That is an unfair question.

Mr. Silvester. I understand from my learned friend, that you lived with one of the prisoners? - Yes.

You know, therefore, it is right for me to caution you, as you are sworn; you must speak the whole truth that you know, it is your duty so to do. - I know but very little about it; but all I know I will speak.

Do you know any thing of these notes from Balfort? - No, sir, I do not really, any more than what I heard the prosecutor say.

Do you know any thing of these notes? - No, sir, I do not.

Do you mean to say, that you never have declared you did? - Never in my life.

Did you never say, that you had them in your own possession? - Never in my life, to man nor mortal.

Court to Prosecutor. What time was it when you lost the notes? - In the afternoon.

How long after you had been at the banker's? - About six or seven hours.

Court to Interpreter. I think I understood the prosecutor to have said, that Mendoza did go home with him to Balfort's house? - Yes. (The banker's clerk returned.)

Court. Look at your book, and see if you find the number of the notes.

Mr. Garrow. Is that the original entry? - Yes.

Mr. Silvester. You are sure this is the note you paid? - Yes.

Mr. Garrow. You have the numbers only, and not the dates? - No; we always put the years, if it is another year, but never the present year; because it is understood.

Whose name is that entered as paid to? - Montague Lind , he is a merchant.

Mr. Silvester. Are you sure the prosecutor is the man to whom you paid the money? - Yes.

Mr. Fielding to Otway. You say, when you put these notes down on your counter, that Mendoza took them up, and he gave them to the prosecutor? - He did; the prosecutor was going to put them into his coat pocket; I, seeing him a foreigner, said to him, you had better take care of your notes, you will lose them; put them into your breeches pocket; I saw some conversation between Mendoza and him.

Mr. Garrow. If the court calls upon us for a defence, we mean to call the coachman that drove them, who will state to you, that in Houndsditch, before they went to Wapping at all, the coach stopped in Houndsditch, and the two prisoners got out, leaving the prosecutor in the coach.

Mr. Garrow to Prosecutor. Should you know the coachman? - No, I do not remember him.

(The coachman brought forward.) - Do you know this coachman? - No.

Coachman. I remember this gentleman, (the prosecutor.)

JAMES FOX sworn.

I am a hackney-coachman.

What is the number of the coach you drive? - Upon my word I do not know what number it is.

Mr. Garrow. Can you recollect? - 235, I think it was then, I drove first one number and then another; I drove for the same master, one Robert Glover , he lives in the back-lane, at the George, going to the New-road.

Has he more coaches than one? - Four or five.

Then at times you have driven his different coaches? - I have driven first one and then another.

Do you recollect the person of that man, the prosecutor, whom you said you knew; do you remember him? - Yes, very well; I remember taking him up in New Hermitage-street; he had one more man along with him.

Do you know the person of that man that got into the coach with him? - I know the man by sight.

Is it either of the prisoners? - It is the least man, Balfort.

Where did you drive to? - To the bottom of Surry-street, in the Strand.

Did any other person get in before? - Yes, at Aldgate-church, a third person got into the carriage; that was the other prisoner, Mendoza.

To whose house did you go in Surry-street? - To the bottom house but one; I believe he is an agent; I did not hear his name then.

What happened when you came to Surry-street, to that house? - They got out of the coach, and told me to turn about; before they got to the bottom of Surry-street, they all three got out, and went into the house; they were out better than a quarter of an hour; then they all three returned to the coach; I believe it was pretty nigh eleven when I took them up first by Hermitage-street; so that at Surry-street it must be between twelve and one; when we came from Surry-street to Lombard-street, to the banker's, I stopped just a little the other side of 'Change-ally; I do not know the name of the banker, I did not take any notice, I think it is No. 99; it has a white front, and goes up steps.

Did all the persons who were in your coach get out at the banker's? - Yes.

How long might they be there? - About a quarter of an hour.

Did they all return to your coach again at the banker's? - Yes.

Where did you drive then? - To Houndsditch; they got out of the coach, and left me, and walked on.

Did they leave the prosecutor in the coach? - He was in the coach till they returned.

How long were they absent? - But a very little while.

Did they return into the coach? - They did.

Where did you drive to then? - Into New Hermitage-street, where I took them up; I did not take them up at the house, but they walked to the coach; - I set them them down at the place where I took them up; one of them went to a public-house to get change for a guinea, and then to another house; at the last I was paid.

Are you quite sure that you stopped in Houndsditch, and the two prisoners got out, before you went to Wapping? - Yes, I am sure of it, I can say that on my oath; they got out somewhere in Houndsditch, I do not know what part it was.

Do you know Howard's the pawnbroker's in Houndsditch? - No, sir.

Was the place where you stopped near either of these pawnbrokers? - I cannot recollect, but I am sure it was in Houndsditch they stopped.

What time was it, do you know, that you got into Houndsditch? - I set them down about two, or a quarter after, when they got to the Hermitage; when I got into Houndsditch it was a good deal past one.

Mr. Garrow. Then you did not go through the city, without stopping and putting down these men? - No.

Was you directed to drive through Houndsditch? - Yes.

Mr. Silvester. You drive four numbers, sometimes one and sometimes another? - Yes.

Name the four numbers? - I cannot tell you what the four numbers were.

Recollect yourself, my friend; repeat the man's name you drive for? - Robert Glover .

How many coaches does he keep? - He keeps four figures now, constant.

How long have you lived with him? - I have lived with him these six years; I have the coach and the number here that I carried the people in.

How came you, then not to recollect it? - I never take any notice of the numbers, without I get into trouble.

When was you first applied to, for these two men, to be a witness? - Last night.

What, they never found you out till last night; who applied to you, Mr. Hyams? - He did not apply to me; but it was Mr. Hyam's boy told his master, that I was the coachman that carried the prisoners; I told the boy so; I heard that this lusty man was in prison, and I asked the boy, whether this man, I do not know his name, he goes by the name of Jackoo.

Do you know the name of either of the prisoners? - I did not know what his right name was.

Where did he live? - In Wapping.

Do you know the name now? - No, I do not.

What is the other prisoner's name? - I do not know his name, they call him Mendoza; that is the thinnest man; I never saw him in my life before I took him up; I did not know the foreigner.

You drove down Surry-street? - Yes; we stopped on the right-hand side of the way, and turned round.

How came you to recollect driving these persons? - I can remember cross fares.

This was a very good fare; how came you to recollect the faces of the prisoners? - Because the neighbours in the street knew them very well; my fellow-servant carried them the day before; and he sent me to carry them.

What day of the week was it? - On a Friday.

What was your fare? - Four shillings and sixpence, from the Hermitage down to Surry-street; it was about eleven when I was there; I was about half an hour driving to Surry-street, that was about a quarter after eleven; when I was at the Bank, it was between twelve and one, there was a good deal of stoppages; then they staid about a quarter of an hour, and it was about one when I got to Houndsditch; besides we went to one house and another; we could not get change.

Will you swear to any other number your master has got, besides 235, that is at the door? - No, I will not; I cannot recollect the number of any other.

Then how came you to recollect that you carried these men in that coach, that day? - The man that drives this coach was at our office, in Surry-street; and I went out for him that day.

What day of the month was it? - I do not know the day of the month.

How did you know it was an agents in Surry-street? - Because I heard them speak it before they got out; Mendoza had the note in his hand, and he gave it to the foreigner; and he said, now take care of it; and he put it into his breeches pocket, and he buttoned it up.

Do you know that young woman there, behind Mrs. Gould? - Yes, I have seen her before.

Where? - I have seen her here; I never saw her before yesterday.

Did she apply to you at all? - No, sir, not at all that I know of.

You must know whether or not, upon your oath, do you mean to swear, that she did not apply to you? - Not before yesterday.

When did she apply to you, yesterday? - I saw her here yesterday morning; she never applied to me to come here as a witness, or any thing else; she came and spoke to me when I was in the tap-room.

What did you come here about yesterday morning? - I came with Mr. Hyams, to bring a fare; Mr. Hyams hired the coach to bring him here, that was the only reason why I came here yesterday morning.

Then yesterday morning, if these men had been tried; you would not have been a witness? - I should not.

Jury. On what stand was you when

the prisoner called you? - On no stand; my fellow servant was engaged the day before them, and he sent me two or three jobs.

Did you know Mendoza? - I never saw him but once.

Mr. Garrow. Your fellow servant had driven this foreigner the day before? - Yes.

He was ordered the next morning, and you went in his place? - Yes.

Mr. Hyams lives nigh your house? - Yes, he does; he hired my coach; and I happened to mention it to this boy yesterday; and Mr. Hyams applied to me last night.

Mr. Silvester to Otway. Have you at any time had any conversation with either of the prisoners about this business? - I have with Mendoza; he told me, that the woman had got a coachman to swear that the foreigner stopped in Houndsditch with a coach; that he had seen the coachman in Newgate with the woman; but says he, I will contradict it, for I will tell the truth.

Coachman. I never was in Newgate in my life.

Court to Coachman. What number is the coach that you drove these people in, and that you have here to day? - I know it is two hundred and something, but I cannot tell you what.

What coloured coach is it? - A green coach.

What horses? - A bay horse and a black one.

Court to Prosecutor. Where did you take the coach from, that you went to the banker's in? - Near Balfort's house.

Where did they first drive to? - We went to Mr. Lind's first.

Did Mendoza go with you from the first time, or you did take him up afterwards.

Mendoza went to Balfort's house, and all three went in the coach.

When you first went into the coach near Balfort's house, who went with you? - All three together.

Then you did not take up Mendoza in the street? - No.

Where did you drive from, from Linds's house? - To the banker's.

Where did you drive to from the bankers? - We went to Plough-alley.

Did you go directly to Plough-alley, or go any where else first? - We never stopped.

Then it is not true that the two men got out of the coach and left you in it alone? - No, no.

Mr. Fielding Counsel for Mendoza. I have witnesses to character, which I may as well call before I trouble your lordship with an objection.

Court to Interpreter. Tell the prosecutor that they say, that they stopped the coach in Houndsditch, and got out, and left him in the coach by himself, and afterwards came to him again; ask him if that is true? - I believe not.

Are you sure, have you any doubt? - I do not remember.

Mr. Garrow. Would your lordship take the same course with respect to the circumstance of taking up Mendoza.

Court. No, I shall not sum that up as a variation after this; his memory does not serve as to those minute circumstances.

The prisoner, Mendoza, called twelve witnesses who gave him a good character.

Court to Prosecutor. After you return-to Balfort's house, did Balfort ever go out before you missed the notes? - I did not see him; he went into his room; and I think he went out of the house, but I do not know.

The remainder of this Trial will appear in the next Part, which will be published in a few days.

Old Bailey Proceedings front matter.
10th September 1788
Reference Numbert17880910-92

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Honourable John Burnell , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VII. PART VI.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Aaron Mendoza and Jacob Balfort .

Was not Balfort always there till you lost your notes; you have said, that it was some hours after you went out before you lost your notes; now during that time did Balfort go out or not? - I cannot say whether he was at home or not.

Did you dine after you went home? - Yes, I dined with Balfort.

What time did you dine? - I do not know the time, but it was about six o'clock.

Mr. Rose. Ask him a question in Italian. Balfort was not always in the room? - I cannot say whether he was in the house or not.

Court to Ann Gould. Were you at home on the afternoon that this man lost his notes? - I was washing at home.

You remember their coming home in the afternoon? - Yes.

About what time was it? - Upon my word I cannot say; I was very busy; they went into the parlour; we had dined; and they dined, and had six or seven pots of beer.

Balfort, and the prosecutor, and Mendoza came home together? - Yes.

Mendoza went away after? - Yes.

Did Balfort go out at all, before the man said, he had lost his notes? - They were all in and out, backwards and forwards several times, but I do not know what they were about.

The prisoner, Balfort, called six witnesses who gave him a good character.

Court to Foster. Did you see any coach when the prisoner came to you? - None at all; there was none near our door; I am positive.

Is your recollection pretty clear that it was three in the afternoon? - It was between three and four; it was not four at the farthest.

The Jury retired for some time and returned with a verdict,

BOTH GUILTY Of stealing the bank note, No. 1774; but not in the dwelling-house of Jacob Balfort , and being possessed of that note in the County of Middlesex; each

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Old Bailey Proceedings front matter.
10th September 1788
Reference Numbert17880910-92

Related Material

ActionsCite this text | Print-friendly version | Report an error

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Honourable John Burnell , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VII. PART VI.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.


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