The Proceedings of the Old Bailey

 

109. (M.)   James Gibson , gent. was indicted for forging and counterfeiting a certain instrument or writing, purporting to be an office copy of the accountant general's certificate of paying into the Bank the sum of 437 l. 13 s. 7 d. being the balance of the accounts of Mr.   William Hunt , the receiver of an estate in question, in a cause depending at the court of Chancery, wherein   Robert Lee and   Christopher D'Oyley , Esqrs; executors of Sir   George Browne , Bart. are plaintiffs, and   Robert Pringle and others are defendants; and for publishing such office copy, knowing the same to be forged, with an intent to defraud the said Mr. Hunt, of the said sum of 437 l. 13 s. 7 d. against the statute, &c . * + ||

Mr. Herbert Crofts sworn.

  Herbert Crofts . I am one of the sworn clerks of the court of Chancery, and attend here with the several pleadings which have been filed of record in the cause of Lee against Pringle (these several pleadings, consisting of the original bill, bills of reviver and supplement, and the several answers thereto, were read.)

Mr.   Thomas Cory sworn.

  Thomas Cory . I have here an order of the court of Chancery, dated the 11th of November 1762, referring it to the master to appoint a receiver in the cause of Lee against Pringle. I examined this order with the entry of it at the report office, and found it to be a true copy.

Council for prisoner. Then there is a book of entries kept at the report office, from which this copy was taken?

Mr. Cory. I beg pardon for calling this order a copy, it is the original order from which the entry in the book was made.

(This order was read.)

Council for prosecutor. The original receiver being dead, another receiver is prayed, and the court referred it to the master to appoint one.

Mr. Cory. This is an office copy of the master's report, appointing Mr. Hunt receiver, dated the 26th of January 1763. I examined this copy with the original report, which is filed at the report office. (An objection was then made to the reading this report, by the prisoner's council, a prior report of approving the receiver's recognizance not having been produced, but the court over-ruled this objection, and ordered the report to be read.)

Mr.   William Hunt sworn.

Mr. Hunt. I am the person who was appointed receiver, in the cause of Lee against Pringle, Messrs. Francis and Gibson were in copartnership, and solicited this cause for the plaintiffs: in consequence of my appointment, I received a year's rent from Michaelmas 1761, to Michaelmas 1762.

C. for prosecutor. Did you receive any letters from the solicitors ?

Mr. Hunt. Yes, I received several letters from Mr. Gibson, and I sent up my accounts to their chambers in Lincoln's-Inn; and Mr. Gibson afterwards sent me word, that they had been passed

before the master; in consequence of which, I sent up the balance of this account.

C. for prosecutor. Have you got that letter in which he gave an account they were passed?

Mr. Hunt. Here it is (producing the letter.)

C. for prosecutor. Did you ever see Mr. Gibson write?

Mr. Hunt. I can't say I ever did.

Q. to Cory. Did you ever see Mr. Gibson write?

Mr. Cory. Yes, many times. I know his hand extremely well.

C. for prosecutor. Look at this letter, whose hand is it?

Mr. Cory. This is undoubtedly Mr. Gibson's hand writing.

(This letter is read.)

"SIR,

"As Michaelmas is past, it will be expected

"that the balance of your account should be paid

"in. I should therefore be glad you will provide

"for remitting the same, as soon as conveniently

"you can.

I am, Sir,

"Your humble   Servant, J. Gibson."

Lincoln's-Inn, Nov. 22, 1763.

Directed to Mr.   William Hunt , Stratford upon Avon.

Mr. Hunt. In consequence of this letter, I sent up bills to Mr. Child for more than the sum due, and sent up a draft upon Child for the balance of my accounts, payable to Messrs. Francis and Gibson; and I have here a letter from Mr. Gibson, acknowledging the receipt of this bill.

  William Donaldson sworn.

Mr. Donaldson. I am clerk to Messrs. Child and Co. Here is a draft drawn by Mr. Hunt on Mess. Child, and payable to Mess. Francis and Gibson.

Mr. Hunt takes the draft in his hand. This is the draft I sent up.

The draft was read to this purport:

"SIR,

"Twenty one days after date, please to pay

"to Mess. Francis and Gibson, 467 l. 13 s. 6 d.

"on account of your humble servant,

  William Hunt ."

To   Robert Child , Esq; near Temple bar, London.

Mr. Hunt. This sum was due from me at that time: here is the letter I received in answer ( producing it.)

C. for prosecutor to Cory. Look at this letter.

Mr. Cory. This letter appears to be of Mr. Gibson's hand writing.

(The letter is read.)

"SIR,

"We received your's with your bill on Child,

"for the balance of your account, and we will

"procure the accountant general's certificate as

"soon as the office opens.

I am, Sir,

"Your very humble   Servant, J. Gibson."

Lincoln's-Inn, Dec. 24, 1763.

Three other letters were produced in court by Mr. Hunt. Mr. Cory looks at them, and deposed they were the hand writing of Mr. Gibson.

The first read.

"SIR,

"We received your's of the 25th. The method

"you propose to remit the balance of your

"account, will do very well, and the master's

"report, with the accountant general's certificate,

"is always a proper indemnification, and

"indeed the only one that can be had. When

"we have received the money, we shall pay the

"same, pursuant to the report, except the sum

"of 29 l. 10 s. 10 d. which is due to us, which

"the master has directed to be deducted out of

"your account, as the costs of getting you appointed

"and confirmed receiver, and of passing

"this account, a copy of which report

"I will send by the next post; and therefore

"I should think you had better send us a

"bill for that sum, and remit to Mr. Child only

"what, by the master's report, appears to be

"the clear balance of your account, to be paid

"into court, after deducting the above costs.

" I am, Sir,

"Your humble servant, J. Gibson."

Lincoln's-Inn, Nov. 29, 1763.

The second read.

"SIR,

"On the other side you receive a copy of the

"master's report, which I promis'd you in my

"last; I have been laid up with a violent cold,

"which prevented my sending it till now: I

"therefore hope you will excuse it. I wish you

"the compliments of the approaching season.

" I am, Sir,

your very humble   Servant, J. Gibson."

Lincoln's-Inn, Dec. 17, 1763.

Mr. Hunt. Here is Master Bennett's report.

It is read in court.

The contents is the master in Chancery passing the receiver's account, from Michaelmas 1761, to Michaelmas 1762, wherein the sum 437 l. 13 s. 7 d. is allowed.

Signed,   Thomas Bennett .

Mr. Hunt, Mr. Bennett is a master in Chancery.

The Lord letter read, directed to Mr. Hunt, attorney, Stratford upon Avon.

"SIR,

"We have no objection to the change you

"have made in that part of the estate late in the

"possession of Mr. Claridge, and Mrs. Jarrett;

"and as you think it will be of benefit to the

"estate, to grant a lease of late Jarrett's, to Mr.

"Payton; we are ready to consent: but Mr.

"Payton must consider that the obtaining a lease

"under the circumstances this estate is in, will

"be attended with an expence of upwards, or

"at least 10 guineas, which he must pay. If he

"is desirous of having a lease under these circumstances,

"you will please to let me know,

"as soon as possible, and I will proceed to get

"the master's report before the office is shut: you

"will receive the book by the Stratford carrier,

"which will set out from the Saracen's-Head on

"Snow-hill, on Tuesday next, and you will

"please when you send your next account, to

"return the book, and also send the certificate

"with the vouchers, for the master's allowance.

" I am, Sir,

your very humble servant, J. Gibson."

Lincoln's-Inn, 28 Feb. 1764.

Counsel for prosecutor. What book is this mentioned in this letter?

Mr. Hunt. The receiver has a book which is sent up to the master, and when so sent it is usual to return it back to the receiver.

C. for prosecutor. Did you afterwards receive a book?

Mr. Hunt. I did, by the carrier, and likewise this voucher or certificate at the same time, or very near the time; whether the certificate was inclosed in the letter or the book, I cannot tell. I thought it was quite right, and so laid it by without regarding the particular time, and way of receiving of it: the book I received after the letter.

C. for prosecutor. When did you receive this certificate, as near as you can recollect?

Mr. Hunt. I cannot tell whether it came in the letter or the book, the letter is charged 9 d. I rather think I received it in the letter.

(The certificate is folded, and put into the letter, the folding corresponded well.)

Mr. Hunt. I verily believe it came in this letter.

C. for prosecutor. Had you at the time you received that letter, any other certificate besides this?

Mr. Hunt. No, none but this.

C. for prosecutor. Did you afterwards return this certificate?

Mr. Hunt. No, I kept it, and have had it in my custody ever since.

C. for prosecutor. At the time had you any other certificate you could send up but this?

Mr. Hunt. No, I never had any other, this was my first account I ever had.

C. for prisoner. Is there nothing that you ever sent up to the master, under the name of a certificate?

Mr. Hunt. No, not as I know of, and I did not send this up, I kept it for my indemnification.

C. for prosecutor. Did you receive your book of accounts?

Mr. Hunt. I did, that was the second account; It is a draft of the account for the subsequent year.

C. for prosecutor. Is the writing in the same form, it was when you sent it?

Mr. Hunt. Here are some alterations made in London, after I sent it, there are interlineations made in it.

C. for prosecutor. Who did you send this second account to?

Mr. Hunt. I sent it up to Mess. Francis and Gibson, (produced in court.)

Mr.   Thomas Francis sworn.

Mr. Francis. The prisoner was my partner, (he takes the paper in his hand.) I found this paper among some of the papers at the chambers, and to the best of my remembrance, it was taken out of a drawer, that had been locked up by Mr. Gibson, and which I had opened by a smith after his unhappy confinement.

C. for prosecutor. Look at the several parts, in different ink upon it.

Mr. Francis. It is very visible. Mr. Gibson was my clerk for several years before I took him into partnership, so that I am very well acquainted with his hand writing.

C. for prosecutor. What is there in his hand writing?

Mr. Francis. Here is clear rent received as by the foregoing account, 545 8 9 Balance of the last account, 437 13 7. Total charge, 983 2 4. This is upon the charge part of the account, the word charge, is Mr. Gibson's hand writing, in one of the columns on the charging side. The first article of the discharge also appears to be Mr. Gibson's hand writing, it is this. Paid into

the Bank in the accountant general's name, pursuant to order of court, 437 13 7. The other part of this account I take to be Mr. Hunt's hand writing.

C. for prosecutor. Look on the back of this bill, and observe the words, witness J. Gibson.

Mr. Francis. This is the draft on Child, the words witness J. Gibson, are Mr. Gibson's hand writing.

Q. to Mr. Hunt. Should you have remitted any more money to Gibson, or Francis, on any other credit than this certificate?

Mr. Hunt. No, I certainly should not, I looked upon this to be my only indemnity; I mean the office copy, which I thought had been an authentic one, from the clerk of the Report-office.

Q. to Cory. Look at this certificate, and observe the date at the top?

Cory. I have not the least doubt but that the figures 20th and 1764, are Mr. Gibson's hand writing; I cannot be so positive to the word February, that seems to be more disguised than the figures.

Q. Was not you the prisoner's clerk?

Cory. I was clerk to him and Mr. Francis, during the whole time of their copartnership, and am therefore very well acquainted with Mr. Gibson's manner of writing.

Q. Look upon the body of the certificate?

Cory. Here are many words in the body of the certificate, which I could point out, that are extremely like Mr. Gibson's usual manner of writing, which makes me believe the whole was wrote by him.

Q. to Mr. Francis. Look at this writing, (he takes it in his hand.)

Mr. Francis. I have very carefully compared this with a great many writings of Mr. Gibson's; this writing in general is wrote in a fictitious character, ve ry much disguised, and different from Mr. Gibson's usual manner of writing, but I do believe the whole is his writing; perhaps the world may think I speak with partiality, being the prosecutor, but I am upon my oath, and shall be ingenuous, I do really think it is his hand writing.

Q. What words are most like his writing?

Mr. Francis. I cannot say words, but letters I can; the great letters T and F, thro' the whole writing, are so exact, that I can hardly distinguish them from his common writing.

C. for prisoner. Now Sir, without having made such comparison, could you have formed such a belief on barely seeing that paper?

Mr. Francis. I should not.

C. for prisoner. Then your opinion is founded merely upon comparison?

Mr. Francis. I am so well acquainted with the letters, especially the letter F, and the figures, that I do believe it to be Mr. Gibson's writing.

C. for prisoner. But you had formed no opinion till you compared it?

Mr. Francis. No, I had not; it is wrote in imitation of the clerk of the Report's hand: I think I could have founded my opinion from the figures on the top; it struck me very much when I first observed those very figures, this was before I compared it, but if I had not compared it, I could not have spoke with that satisfaction to myself I now do.

Mr.   William Kiddell sworn.

Mr. Kiddell. I have known the prisoner two years, very near. I had been clerk to Mess. Francis and Gibson about a month before Mr. Gibson was apprehended.

Q. Have you seen Mr. Gibson write?

Mr. Kiddell. I have, and have immediately copied it after he wrote it.

C. for prosecutor. Are you a competent judge of his hand writing?

Mr. Kiddell. I think I am. I think I could know any man's hand writing, was I to set by him, in three weeks.

C. for prosecutor. Look at this office copy, and see if any of this writing is like the prisoner's, (he takes the letter in his hand.)

Mr. Kiddell. I think the date and the two capital letters F and T, are greatly like his hand writing. I mean the letter F in February, and the T to the accountant general's name, T. Anguish; I believe the date is his hand writing.

C. for prosecutor. Look through it, and see whether you can find any more, that you believe to be the prisoner's hand writing?

Mr. Kiddell. To say I can swear to any word I cannot, but here are many letters I believe to be Mr. Gibson's hand writing: in the words four hundred there are some letters, I believe all the capital letters of T and F are Mr. Gibson's hand writing.

C. for prisoner. Perhaps you mean this instrument was wrote by somebody that does not know how to make T and F, and so they employed Mr. Gibson to do them?

Mr. Kiddell. No, I do not. I think the e and b in February are his hand writing.

C. for prosecutor. My general question is this: from the view of this and the knowledge you have of Mr. Gibson's hand writing, do you think this is his hand writing?

Kiddell. I do, indeed.

C. for prosecutor. Where are Mr. Francis's chambers ?

Kiddell. They are in Lincoln's-Inn, No. 7, up one pair of stairs.

(It is read in court.)

20th Feb. 1764.

Between   Robert Lee , Esq; and   Christopher D'Oyley , Esq; executors of Sir   George Browne , Bart. plaintiffs.

  Robert Pringle , Esq; and others, defendants.

By original and supplemental bills and bills of reviver.

I do hereby certify, that pursuant to an order dated the thirteenth of February instant, Mr.   William Hunt , the receiver, hath paid into the Bank of England the sum of four hundred and thirty seven pounds thirteen shillings and seven pence, which is placed to my account as accountant general, and to the credit of the cause Browne against Pringle, in Master Bennett's office, in the books kept at the Bank and in my office, as appears by the receipt of Mr. B. Sabbarton, one of the cashiers of the Bank, dated the sixteenth instant, hereto annexed.

T. Anguish, Accountant General.

London, the sixteenth of February, one thousand seven hundred and sixty four.

Received of Mr.   William Hunt , the receiver, the sum of four hundred thirty seven pounds thirteen shillings and seven pence, pursuant to an order dated the thirteenth day of February instant, made in the cause Lee against Pringle, which money is placed to the account of   Thomas Anguish , Esq; as accountant general of the court of Chancery, and to the credit of the cause Browne against Pringle, in Master Bennett's office, in the books kept at the Bank, for the suitors of the said court of Chancery.

For the governor and company of the Bank of England,

B. Sabbarton.

437 l. 13 s. 7 d. entered.

T. Gradwele, examined.

C. for prosecutor to the jury. This is the instrument in question.

Mr.   John Ellill sworn.

Mr. Ellill. I belong to the Report-office.

Counsel for prosecutor. Who is clerk of that office?

Ellill. Mr.   Richard Rainsford is.

C. for prosecutor. How long have you been in that office?

Ellill. I have been in it fifteen or sixteen years. The business of that office is committed to me, so far as relates to this business. I have been under him and his predecessors that time.

C. for prosecutor. How long has Mr. Rainsford been clerk of that office?

Ellill. He has been in it about ten years.

C. for prosecutor. When any money is ordered from the court of Chancery to be paid into the Bank, by what method is it conducted?

Ellill. The accountant general's clerk sends some certificates to me, and the Bank receipt annexed to it. Then we make out an office copy of them.

C. for prosecutor. What do you do with the originals?

Ellill. They remain in the office.

C. for prosecutor. Who makes out those office copies?

Ellill. I do in general.

C. for prosecutor. Have you any original certificate by you?

Ellill. I have, (produced in court) by this you will see the nature of it. This is my writing.

C. for prosecutor. What do you call this?

Ellill. This is an office copy of the accountant general's certificate.

C. for prosecutor. Look at this instrument, ( the office copy in question) whose hand writing is it?

Ellill. This is not made by me.

C. for prosecutor. Is this the nature of an office copy?

Ellill. It has the appearance of an office copy, as though delivered out by me.

C. for prosecutor. Have you searched at the Bank for the original of this?

Ellill. I have, there is no account at the office of any receipt of the money, nor no such thing filed.

C. for prosecutor. Are you sure you never delivered this out of your office?

Ellill. I am positive I never delivered any such, and there is no original certificate to warrant it.

C. for prosecutor. Let me ask you again, are you certain?

Ellill. I speak with great certainty, there is no original certificate of this in the office, nor never was.

Q. Who are they delivered out by?

Ellill. They are always delivered out by me. This part of the business is entirely done by me.

C. for prosecutor. What do you call yourself?

Ellill. I am deputy to the clerk of the Report-office.

C. for prisoner. They are sometimes called reports and sometimes certificates.

Ellill. They are one and the same thing, we look upon them in the same light. We receive a certificate with a receipt at the Bank annexed to it, we call it a Bank receipt.

C. for prisoner. Am I to understand it as your opinion, that a certificate and a receipt are all one thing?

Ellill. He sends his own certificate with the Bank receipt annexed to it.

Q. What do you do with them when you receive them?

Ellill. We make an entry of them.

C. for prisoner. At your office do you not deliver out office copies to any body that will pay you for them?

Ellill. Yes, we do.

C. for prisoner. Do they bare any marks: are they signed by Mr. Rainsford or you?

Ellill. Nothing more than the word examined, with the entry.

C. for prisoner. Do you put no marks to distinguish what comes from your office?

Ellill. No; we keep an account of what we receive for them.

C. for prisoner. I have not the smallest doubt that you neglect to receive your fees.

Ellill. We can tell when we see them, whether they are our hand writing or not.

C. for prisoner. Do you give office copies to every body that files them?

Ellill. All reports that are filed the person that files them must have an office copy.

C. for prisoner. Had you ever any refused?

Ellill. No, never; an office copy is made out from every report that is filed.

C. for prisoner. Do you make out your copies upon stamps ?

Ellill. We do.

C. for prisoner. Why so?

Ellill. Because there is an act of parliament for it.

C. for prisoner. What is the accountant general's papers on?

Ellill. They are on plain paper.

C. for prosecutor. Have you any vouchers that the money has been paid into the Bank besides the accountant general's certificate?

Ellill. No other whatsoever.

C. for prosecutor. What evidence has he to produce in order to prove that fact in a court of equity?

Ellill. He has only an office copy made by me.

C. for prosecutor. What evidence has he to produce to prove that fact in court?

Ellill. An office copy most undoubtedly.

C. for prosecutor. Is it possible for the party, according to the rules of the court of equity, to have the originals to produce?

Ellill. No, they are not allowed. They are not allowed to be read.

C. for prosecutor. Do you keep a journal?

Ellill. We do: that is in the custody of the office; that is in my custody. It is the journal in which I generally enter all these certificates.

C. for prisoner. Do you make these entries alphabetically?

Ellill. No.

C. for prisoner. Do you make these entries upon all accounts?

Ellill. I constantly do upon all accounts brought into the office of the transactions of the accountant general's. They are made every day, and posted to the several accounts.

C. for prisoner. Is there no other besides you in that office?

Ellill. Besides me there is another clerk in the office, but this branch of business is confined to myself, the other clerk never interferes in this business.

C. for prisoner. Have you never been out of order so as to be absent from the office?

Ellill. I have been absent upon illness.

C. for prisoner. Suppose during your illness a certificate is brought in, and an office copy is desired when you are absent, who does it?

Ellill. There may have been certificates brought into the office in my absence, but none delivered out to my knowledge. When I come to the office again, that person who is in the office delivers an account to me of what has been done in my absence.

C. for prosecutor. Was you absent in the year 1754.

Ellill. I do not know of the other delivering out an office copy during my absence; no none.

C. for prosecutor. Do you remember your being absent these two years past, so as he has made out copies?

Ellill. I have been out of order not 12 months ago.

C. for prisoner. If one calls for an office copy of 20 years standing, will it not be granted?

Ellill. It will be granted.

Q. What is the name of the other clerk in your office?

Ellill. His name is Moon.

Q. What sort of stamps are office copies made of?

Ellill. On double sixpenny stamps.

Mr.   John Moon sworn.

Mr. Moon. I am clerk in the report office, along with Mr. Ellill.

C. for prosecutor. Who makes out these reports?

Moon. He does.

C. for prosecutor. Is this office copy of your making out?

Moon. (He takes it in his hand.) No, it is not. This was never wrote in our office.

C. for prosecutor. Was Mr. Ellill ever so ill as not to attend ?

Mr. Moon. He had a fit of illness, that I believe was above 12 months ago.

C. for prosecutor. Who made out the office copies then?

Mr. Moon. No body but me, and that by way of friendship to Mr. Ellill.

C. for prosecutor. Did you deliver those copies you made in the office?

Mr. Moon. I don't remember I did deliver any out, I believe they were in the office till Mr. Ellill came.

Mr.   Richard Noel sworn.

Mr. Noel. I am clerk in the accountant general's office. When I receive certificates from the Bank, shewing money has been paid in the Bank, upon the accountant general's credit, we make out a certificate, and carry it to the clerk of the Report-office.

Counsel for prosecutor. Do you keep a minute of that?

Mr. Noel. I keep a minute of that always: it is thus conducted: in the first place there is a direction given to the Bank of England to receive so much, that direction is entered into the book: when the banker's receipt comes back to the Bank, that is entered in the same book, and the date that the accountant general's certificate bears, he sends out two certificates; the first I call the direction. The party that is to pay the money, carrier that to the Bank, and leaves it there, and brings back a receipt from the cashier, and that is made an entry of in the accountant general's book, and likewise the date of the accountant general's certificate, which I always send to the Report office. But we have another book, which we call the report book, in which these certificates are put, and the name of the cause.

C. for prosecutor. Have you searched the books in your office, in order to find any such report (as this in question) made?

Mr. Noel. I have made diligent search: there has no money been paid into the Bank on such an account, neither is there any entry of a receipt or certificate, no direction ever applied for. In point of fact, there is no such thing to be found.

C. for prosecutor. Who has been the accountant general for two years past?

Mr. Noel.   Thomas Anguish , Esq; has.

Mr.   Thomas Gradwele sworn.

Mr. Gradwele. I am entry clerk at the Bank: we act directly under the accountant general: when any money is to be paid in, we are authorised to take that money in of the accountant general: we make an entry of it, in what we call the cash book.

C. for prosecutor. Do you know Mr. Sabbarton?

Mr. Gradwele. I do; he is one of the cashiers of the Bank.

C. for prosecutor. Is there any entry in your book, in the cause of Lee and Pringle, the 16th of February 1764, of any payment.

Mr. Gradwele. I have searched, and find none. We always make an entry when any money is paid in. There was no money paid in.

Mr.   Charles Hayes sworn.

Mr. Hayes. I have been clerk a great number of years to Mr. Bennett, a master in Chancery. (He produced a book.) Here is a bill of costs, which Mr. Gibson produced: he brought in this account to the master's office: this is the bill of costs for passing the account.

C. for prosecutor. Did you attend the taxation ?

Mr. Hayes. I did.

C. for prosecutor. Who allowed for the taxation?

Mr. Hayes. Mr. Gibson did, and he attended the taxation.

C. for prosecutor to Mr. Francis. Look at this bill of costs.

Mr. Francis. (He takes it in his hand.) I do believe this bill to be Mr. Gibson's hand writing.

C. for prosecutor to Mr. Cory. Look at it, whose hand writing do you take it to be?

Mr. Cory. I believe it to be Mr. Gibson's hand writing.

It is read in court.

Attending the accountant general for his directions to pay the balance of the last account into the Bank, and for the certificate of payment, - 6 s. 8 d.

Attending to pay the same, - 6 8

Paid filing the certificate, - 4 4

Copy thereof for the receiver, - 1 0

Letters and messengers, - 2 0

C. for prosecutor. This is a bill of costs for passing the account to Michaelmas 1763, is it not?

Mr. Hayes. Yes, it is.

C. for prosecutor. My Lord, we have done.

Prisoner's defence.

My counsel are properly instructed in my case, and I leave myself to their judgment. I have a number of gentlemen to speak to my general character.

To his character.

  Thomas Palmer . I have known the prisoner about four years, I have been pretty intimate with him.

Q. What are you?

Palmer. I am an upholsterer, I always looked upon him to be a very worthy honest man; I would have trusted him with all I am worth in the world.

  George Hancock . I live in Moorfields, am a chair-maker. I have known him 8 or 9 years; I looked upon him to be a very honest man.

  Peter Edwards . I am clerk in the Prerogative-office, Doctors Commons, I have known him 3 or 4 years; I always looked upon him to be an honest man.

  William Nicholson . I am a couler and drum-maker, and live in Barbican: I have known him about seven years, and have been intimate with him about three; I looked upon him to have an extreme good character.

  Isaac Campion . I am a scissars-maker, I have known him eight years, I always looked upon him to have an extreme good character.

  Edward Baxter . I am a linen-draper, and live in Holborn; I have known him from a child, I never knew any ill of him; nor had I any suspicion but that his general character was very good.

  John Pugh . I am a victualler, and live in Hatton-garden, I have known him 20 years, and have employed him, and thought he did me a great deal of justice; I always looked upon him to be an honest man.

  John Pritchard . I have known him about 12 years, he is a very worthy man, as ever I was acquainted with in my life.

  Edward Pugh . I have known him 20 years; his character has been always a good one.

Captain   Thomas Willis . I live in Rotherhithe. I have known him 6 or 7 years; he bore a very fair character; he would ha ve been the last man I should have suspected of this sort.

  Thomas Jones . I am a brewer, and live in Swan-alley, Coleman-street; I have known him 27 years, and have employed him, his character was always good.

  William Dukey . I live in Covent-garden, and have known him three years, he has a very good character.

  John Rawn . I am a victualler, and live in Goodman's-fields; I have known him about eight months, I always heard a good character of him, made me employ him.

  Charles Day . I keep a public house in Wych-street, I have known him about 10 or 12 years, he has a very good character.

  John Matthews . I am an attorney, I have known him I believe 10 or 12 years, he is an industrious man.

  Thomas Godman . I am a surgeon, and live in Old-street, I have known him two years, I should not have suspected him of this.

  William Northwood . I keep the Antigallican, Temple-bar, I have known him about 23 months. I always looked upon him to be a very honest man.

  John Cunningham . I am a victualler in Barbican, I have known him about seven years; he has a very good character.

  John Miller . I keep the Bell in Doctor's-commons; I have known him 14 or 15 years, he is a very worthy, good-natured, honest man.

  Thomas Hobbs . I am a joiner, and live in Leather-lane, I have known him 6 or 7 years, I always heard a good character of him.

The jury found him guilty of the facts laid in the indictment; but the counsel for the prisoner's objection was, that however these facts might be credited, the fraud was not an offence within the act of parliament, made in the 12th of George the first, on which the indictment was founded; upon which it was made special .

There was another indictment against him, for such another offence, for the sum of 467 l. 11 s. being the subsequent year's account.