Albertus Burnaby.
11th July 1726
Reference Numbert17260711-16
VerdictNot Guilty

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Albertus Burnaby , late of Golden-lane , Brewer ; was indicted (on an Act An. Reg. Geo. R.V.) for that he being a Trader, and absenting himself from his House, with a Design to defraud his Creditors, did thereby become a Bankrupt, on the 5th of November last, and did afterwards conceal, remove, and convert to his own Use, several Goods and Notes to the value of 20 l. and upwards .

Mr. Shorter thus depos'd. On the 5th of November the Prisoner sent for me to the Fountain-Tavern at Stocks-Market, and when I came, Mr. Shorter, says he, I am afraid of being taken up, for I have heard that there is an Execution taken out against me by Two of my Creditors, Allen and Toms, and therefore I dare not appear. I am going into Ironmonger-lane, I wish you'd call a Coach for me, and order the Coachman to drive up close to the Door. - The Coach came, and he went away in it. - The next Time I saw him he was in Wood-street Counter. - I was one of his Bail in all the Actions that were brought against him. The Records of the Counter were produced, by which it appear'd that

an Action was taken out against the Prisoner, at the Suit of James Allin and John Toms , for 300 l. June 24. And Mr. Fitch depos'd. That on the 11 of November following the Prisoner surrender'd to discharge his Bail.

Mr. Marshall thus depos'd. I was the Prisoners Clerk, he order'd me several times to tell his Creditors, that he was not at home, when at the same time he was in his Chamber. Being cross examin'd, said, At that time, I believe (by examining his Books, he had more than would pay every one his own.

John Tates and John Toms depos'd. That the Prisoner was indebted to them 150 l for Goods deliver'd him.

John Wood Book keeper at Blossoms Inn thus depos'd. A parcel of Manchester Bays, and Penistons worth I believe 50 l. at least, were brought to our Inn, directed for the Prisoner. These Goods I deliver'd to Thomas Brewer , who brought this Note for them, sign'd with the Prisoner's name. - The Name was prov'd to be the Prisoners writing.

Mrs. Wood depos'd. That the Prisoner paid her for the Carriage of the said Goods.

It was further made evident, that the Prisoner had secreted 3 Promissory, Notes, 2 for 275 Guilders each, and one for 7 l. 10 s. Sterling. But the Act of Bankruptcy laid in the Indictment not being sufficiently prov'd. The Jury Acquitted him.

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