The Proceedings of the Old Bailey

 

401. (2d. L.)   JOHN VESTENBURG was indicted for feloniously forging an order for the payment of money , on the 21st of October, 1765 , in the words and figures following,

London, 21 Oct. 1765.

No. 6945 R.

To the cashiers of the bank of England. Pay the honourable   Thomas Walpole . or bearer, four thousand five hundred pounds, for

  Joshua Van Neck and Co.

4500

with intention to defraud the   Governor and Company of the Bank of England , against the statute, &c.

2 d. Count for uttering the same, on the said day and year, with intent to defraud the said Governor and Company.

3 d. Count, the same as the first, with intention to defraud Sir   Joshua Van Neck ,   Thomas Walpole and   Daniel Olivier .

4th Count the same as the second, with intention to defraud the said Sir   Joshua Van Neck ,   Thomas Walpole and   Daniel Olivier .

  Owen Gething . I am a clerk in the bank; I am in the drawing office; that is the office where the running cash of the merchants is kept; this draught was presented for payment on the 21st of October, 1765; I believe in the forenoon.

Q. Do you remember the person who presented it; should you know the man if you saw him?

Gething. He was a middle sized man; I cannot be positive to his person; I gave a ticket to the person for particular bank notes, according to his request, to the amount of the bill; I have here a memorandum of the bills.

Council for the prisoner. What did you take the memorandum from?

Gething. From another memorandum taken by another clerk.

Q. Where was the ticket put that you gave for the particular notes?

Gething. It was put on the file of course.

The draught read.

London, 21 Oct. 1765.

No. 6945 R.

To the cashiers of the bank of England. Pay the honourable   Thomas Walpole or bearer, four thousand five hundred pounds, for   Joshua Van Neck and Co.

Q. How do you know this is the draught that was presented for payment?

Gething. It has my mark upon it.

  Charles Jewson . I am a cashier in the bank, and was so in the year 1765.

Q. What way is the account kept between gentlemen who keep cash at the bank?

Gething. There is an office called the drawing office; every gentleman that keeps cash at the bank, has a book of debtor and creditor, when he pays any money, it is of course entered by a proper officer. It is common to draw drafts upon printed checks which we give them.

Q. How are the checks delivered out?

Gething. We have them in books, a thousand in a book, which runs alphabetically; when one book is out, of course we begin the next letter; the checks are so cut out, that they tally with what is left; when any person wants checks they send their book to the discount office, and the proper officer delivers the checks, as they have occasion for them.

Q. I believe you know that Sir   Joshua Van Neck and Co. kept cash at the Bank in 1765.

Gething. I do; the Bank had at the time of presenting the forged draught 25000 l. in cash on their account.

George Hall. I am one of the tellers at the bank; I paid this note on the 28th of October 1765. (Producing a bank-note of 500 l.)

  James Ayres . I paid this note at the bank on the 23d of October 1765. (Producing a banknote of 400 l.)

Q. What name is wrote upon it?

Ayres.   Jacob Bourne , Piccadilly.

  William Hodgkin . I am a teller at the Bank; (I paid these six bank-notes, producing them,) one for 1000 l. I paid, I think, on the 29th, four for 500 l. each, and one for 600 l. that I paid on the 30th; it was before one o'clock.

Q. To what sort of a person?

Hodgkin. He seemed to be an outlandish man. He did not seem to be very quick at telling money, he told one parcel of it which he took away, and said he should come again for the other; I told him we had a porter that could take it home for him; he said I am only going to the compting-house, and shall be back before you go to dinner; he came back again in about a quarter of an hour for the other money, which he took up without telling. I said, do not you tell it? he said, no; it is right enough, you are generally right.

Cross Examination.

Q. How much had he the first time?

Hodgkin. Sixteen hundred, and came again for the thousand.

Q. Do you think you should know the man again that you paid the money to?

Hodgkin. It is a long time ago; he wore his own hair, and spoke broken English.

  Solomon Jones . I am in the discount office at the Bank - that is the office in which checks are delivered out; (takes the forged draught in his hand) this check, upon which this is drawn, was, with 29 more, delivered by me, on the 5th of October 1765, the numbers I delivered out were 6920 to 6950, both numbers inclusive.

Q. Was the bank-book produced at that time?

Jones. Yes.

Cross Examination.

Q. Did you see any part of the inside of it?

Jones. I did not; I looked on the back, and saw Messrs.   Van Neck and Co. Bank. and returned it again.

Q. Do you believe that to be the Book? (shewing the witness a Bank book.)

Jones. I believe that to be the book.

Council. The word Messrs. is not upon the back.

Q. What sort of man was it that received the Checks?

Jones. A tall gentleman.

Q. What was the account you gave in the year 1765.

Jones. That as the person went out of the office, I said, there goes a genteel clerk.

Q. Did you ever go so far as to say you knew who the person was?

Jones. I said, at that time, that I thought it was the prisoner.

Court. Do you think so now?

Jones. I have no satisfactory reason to the contrary.

Q. After your information Mr. Vestenburgh was discharged?

Jones. He was so.

  George Barnard Discour . I have been in Sir   Joshua Van Neck 's compting-house 12 years.

Q. Of whom did the partnership consist in the year 1765.

Discour. Sir   Joshua Van Neck , the Hon.   Thomas Walpole and   Daniel Olivier .

Q. What was the form of the house in their transactions with the bank?

Discour.   Joshua Van Neck and Co.

Q. Be so good as to look attentively upon that draught, and tell the court whether you believe the  signature to it is the hand-writing of Sir   Joshua Van Neck , Mr. Walpole or Mr. Olivier.

Discour. It is the most like that of Mr. Olivier, but I do not believe it is his writing. I do not know whose it is.

Cross Examination.

Q. Who was the person that was usually sent from your house to the bank for checks?

Discour.   Isaac Rushia always went.

Q. You say you think the  signature is most like Mr. Olivier's. What reason have you to think it is not his draught?

Discour. Because the body of the draught is filled up with a hand-writing that I am a stranger to; and they never sign a draught, without the body hath been filled up by one of us.

Q. Do any of the clerks ever put the names of the form of the house?

Discour. No never.

Q. Abstracted from all these circumstances, what should you have thought of the name if you had seen it upon a blank paper?

Discour. I should have thought then that it was Mr. Olivier's hand-writing.

  Isaac Russia . I am clerk to Messrs   Van Neck and Co. I do the out door business. I was with them in the year 1765. I fetched the checks from the bank, I always had 50.

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

Russia. I separate them with scissars, and then put them in the drawer.

Q. Had any person in the compting-house access to them then?

Russia. Yes;

Q. Where was the company's book kept?

Russia. In a desk, and sometimes in the store-room, but still the clerks might have access to it; that I believe is the book that belonged to the house, I always took it with me when I went to receive any checks.

Council. Look at that draught, does the  signature imitate Mr. Olivier's hand-writing, is it his hand-writing?

Russia. I rather think not, because the draught is filled up with another hand-writing; I took that account at the bank and a note for 500 l. the ballance they gave me in a note, that there was but 500 l. when I came back with this draught in the box, I said it was not Mr. Olivier's writing. Mr. Walpole being abroad at that time, I am certain he came back soon afterwards.

Q. How long had he been abroad before, a month or more?

Russia. Yes, I believe so.

Q. Can you tell when you left the book to be ballanced?

Russia. I think about the beginning of November.

Cross Examination.

Q. Your only reason for not supposing it to be Mr. Olivier's hand-writing is, the body of it was filled up by a stranger, and not by any body in the house?

Russia. Yes.

Council for the Crown. Is it like his?

Russia. Mr. Olivier generally writes larger.

Q. What is your opinion on the  signature without the body?

Russia. I could not take on me to swear; it really represents it very much.

Q. But what is your opinion, whether it is or is not, in truth, merely by looking at the  signature?

Russia. It imitates it so much that I could not take upon me to say.

Council for the Prisoner. Then you had no other reason, but only it's being filled up with another hand, then nor now?

Russia. No.

Q. Did you, on the suspicions you entertained of this draught, take any account of the checks, drawn or undrawn, and compare them with the checks you had fetched from the bank?

Russia. I saw several checks in the drawer not used, and compared them with this, and this is a different letter and number from any I fetched; we looked immediately in the drawer they corresponded letter and number, but this was quite a different number.

Council for the Prisoner. Was it not customary to leave this bank-book at the Bank for a considerable time together?

Russia. Two or three days, perhaps, only to be balanced.

Council for the Prosecutor. But it was never left when you went for checks?

Russia. No.

Q. to Jones. You said, you delivered the checks to a genteel man; is this witness the man?

Jones. No, he is not.

Q. You know this man Russia?

Jones. Yes; I have delivered to him checks. I have seen him there for checks.

Q. Have you ever seen any other of Sir   Joshua Van Neck 's clerks there for checks except at this time?

Jones. No.

Q. What were the checks you last delivered for Sir Joshua, previous to October?

Jones. There were 54 checks delivered to   Van Neck and Co. on the 22d of August, from Q 151 to 205, both inclusive, in the letter Q.

Q. to Jewson. Have you any book of settlement of account with Sir Joshua, after the discovery of this imposition?

Jewson. At the bank we have.

  Owen Gething . This is the original ticket I wrote out, for the bills to be made out for the draught of 4500 l. (it is read)

21 October 1765, Honourable   Thomas Walpole 4500 l.

I gave this ticket on the draught, being presented

to the proper person in the bill office.

  Benjamin Sabberton . The notes were given to me; these notes are all my signing.

Q. Were they signed in consequence of that paper?

Sabberton. Yes; and to the amount of this sum; we never examine the tickets, only sign the notes.

Council for Crown. They are all on the 21st of October; and all made payable to the Hon.   Thomas Walpole .

Q. to Jewson. I understand the Bank took credit for the 4500 l. paid on this draught.

Jewson. On the 21st of October, they charged this money on the account, being paid to Sir   Joshua Van Neck and Co.

Q. Does that book go to February?

Jewson. Yes; on the 22d of February, here is credit to Sir Joshua's account for 4500 l.

Q. Then the money was replaced, the Bank took it on themselves.

Jewson. It was repaid to Sir Joshua's account as appears by this book.

Council for the Prisoner. Do you know that was on account of this draught?

Jewson. I do not know that, that must go into a common cash account; from thence it goes into the drawing office.

Q. What date is that account?

Jewson. The 22d of February 1766.

Q. Do you know whether any money was paid that day by Sir Joshua?

Jewson. It does not appear so by the ledger.

Q. What did you make that entry from?

Jewson. The general cash book.

Q. Is that general cash book here?

Jewson. Yes; (produces it.)

  Thomas Perryman . I was a waiter last January at the Antigallican coffee house, behind the 'Change. On Wednesday, the 15th of January last, about half past eight in the morning, one Mr. Wood came to the coffee house; he sent me to Mr. Walpole's, the banker in Lombard Street, for some checks, in the name of Mr. Oliver; the clerks said Mr. Oliver never sent for checks without a written order, unless he sent the book; and they refused to let me have any. I went back to Mr. Wood, and informed him of what the clerks had said, and desired he would send his name in writing: I gave him a slip of paper, and he wrote upon it - Oliver.

Council. You must not relate any thing that passed respecting Mr. Wood, but come immediately to what you know respecting the prisoner.

Perryman. Upon Wood's being detected in the forgery, Mr. Bourne, Mr. Walpole's partner, sent me to inform Sir   Joshua Van Neck of it. A thought came into my head, that if I went to Mr. Wood's friends, it might be a means of saving his life, as well as what might happen here; accordingly I went to Mr. Vestenburgh; the servant told me he was not stiring; I told him, I must see Mr. Vestenburgh upon business of the utmost importance; the servant carried the message up to his master, and brought word down, that I must go up; I went into his bed chamber; he jumped up in his bed and rested upon his arm, and said, waiter, what is the matter! I said, Sir I am afraid Mr. Wood has committed a forgery; Mr. Vestenburgh said, it is impossible! my God, it cannot be! I said it appeared too plain; I said if you will come and give him an item in Dutch to destroy the draught, it may prevent the consequences; then I went to Sir Joshua's.

Q. Did Mr. Vestenburg go to the coffee house?

Perryman. I cannot tell.

Q. Did you ever see him at the coffee house afterwards?

Perryman. I cannot say I have, though he might come in and out.

Q. He came very often before I believe.

Perryman. Yes; sometimes two or three times a day.

Rev. Melchor Justus Vanhessen. The same day that Mr. Wood was taken up, Mr. Vestenburgh came to me at my apartments, No. 51, Threadneedle Street. I said what is the matter with you, you are so pale? he said he was frightned out of his wits, by a message from a waiter at the Antigallican coffee house; who told him that Wood had done a bad action, and that he was frightened for Wood; he said he had been at the coffee house; I asked him what he did there; did he speak to him? he said no; he asked me to interest myself in it; I said I would have nothing to do with such an affair, so begged to be excused; I told him I did not like Wood, and I wished he had never been acquainted with him; I said why do not you apply to his friends; he said he is your countryman, and you have a tender heart.

Q. Did he appear under any extraordinary agitation?

Vanhessen. No; he appeared pale. On the next day (Thursday) I was invited to dine at a certain Tavern in St. James's Street; I went in

the afternoon; the prisoner was there; the conversation fell upon Wood; Vestenburg appeared to be very uneasy, and wished he could lend him any assistance; and then he proposed writing a letter to his father; then he said the mail might be retarded, and proposed going over himself. I thought that the greatest friendship he could shew him, and the company present approved of it, was that he should write a letter to Wood, to acquaint him of his intention of going and doing him all possible friendship; and he wrote a note for a post chaise. I did not see him any more.

Cross Examination.

Q. I believe you have known Mr. Vestenburg some years.

Vanhessen. About eight years.

Q. Were not Wood and he townsmen abroad?

Vanhessen. I believe so: I have heard them talk so long ago.

Q. What character does Mr. Vestenburg bear?

Vanhessen. As far as I know he is honest, and very charitably disposed.

  Anthony Tenbrooke . Mr. Vestenburg called upon me at Mess. Muilman's compting house on the 15th of January, between nine and ten in the morning, and desired me to come to his house; I went the same day, when he told me, that Mr. Wood had forged a draught; I said I hoped it would turn out to be not true; I believe I said it was likely that this might revive the affair in 1765.

Q. Did any thing strike you at that time?

Tenbrooke. No; not till he was called for, and was missing, then, upon recollection. I thought I did observe a confusion; I thought he was not in his usual manner of behaviour; he seemed to be disturbed.

Q. Did you receive any letter from him?

Tenbrooke. Yes, and there was a letter enclosed to Mr. Wood. I threw them both into the fire, after Mr. Muller and I had read them.

Q. Had you any particular reasons for throwin them into the fire?

Tenbrooke. No; only that I would have no concern in so scandalous an affair?

  John Hodges . On the 15th of January Mr. Vestenburg sent me a letter, desiring me to meet him at the Standard Tavern, which I did; he immediately spoke about Wood, how improperly he had acted; he seemed disappointed that my other brother and Mr. Vanbeffen were not presents from thence we went to the St. Alban's Tavern; we bespoke dinner there for the next day. Mr. Vestenburg went with us to our house at Islington, and staid there all night, as he had often done; we went to the St. Alban's the next day; the prisoner and my brother Nathaniel came together, and my brother Joseph and I went from the Change; and Mr. Vanheffen was there; the prisoner proposed going to Holland to Wood's father; we went from the tavern, to Mr. Vestenburgh's house in Austin Friars. I think a message was sent to order a post chaise in the Borough.

Q. I believe you was to be his correspondent while he was abroad.

Hodges. Yes; he had many disagreeable places to pass; we were to hear from him when he came to where he was to stay; he was to direct for us by agreement, by the name of Capt.   James Shirley , at Garraway's coffee-house.

Q. In what name was you to direct to him?

Hodges. In his own name I suppose; no other was mentioned; he wrote two letters while we were at the St. Alban's Tavern, one to Mr. Wood and one to Mr. Tenbrooke; he desired to have them copied when he came to his house in Austin Friars; I copied part of them in his presence; I gave the copies up at the Mansion-House.

Q. Did you receive any letter from him, directed for you by the name of Capt.   James Shirley ?

Hodges. Yes, one letter; I delivered it to Sir   John Fielding unopened.

Court. How came it to be agreed that you should be directed to under the name of Capt.   James Shirley ?

Hodges. He said going away at this particular time would cause suspicions that he was concerned in Wood's forgery, therefore he said if any suspicion should arise, probably the letters directed to his friends would be stopt.

  Joseph Hodges . Upon my return home on Wednesday the 15th of January, I understood that Mr. Vestenburg was a bed at my house; I saw him the next morning at breakfast. I found there was an appointment to meet at the St. Alban's Tavern; my brother John, Mr. Vanheffen and myself went there; after dinner we talked off Mr. Wood's affairs; Mr. Vesteburgh said, he could not assist him with money, or to that purpose, but that he thought he could assist him essentially by seeing his parents.

Q. Was you or any of your brothers acquainted with Wood before this?

Hodges. I believe not.

Q. Was any reason offered why he should go by Dover rather than Harwich?

Hodges. The winds were against his passage from Harwich.

Q. Do you know any thing of two letters having been wrote, and afterwards copied?

Hodges. I assisted, I believe, to take part of the copies.

Q. Please to look at these papers.

Hodges. These are the letters.

Copy of the Letter to A. Tenbrooke read.

Dear Sir,

Since last Wednesday's conversation about our acquaintance's distress, I have been thinking of what service I could be to him in his distress, and after advising and consulting several friends, I cannot think of a better method than I have taken: you will perceive I have taken in the inclosed letter, which I should be glad you would deliver to our friend. I am acquainted, that some of the Old Bailey solicitors are the most proper persons to be consulted in this matter, if 8 or 10. guineas should be wanting in that manner, I shall be accountable to you for that sum.

I shall see you as soon as possible, as I shall stay but a very short, time at Helvost.

I am, dear friend, your's, &c.

J. V.

Pray mention nothing to Groneveld about it, you know why.

Q. to Mr.   Joseph Hodges . Was the original letter signed, J. V. or at full length?

  Joseph Hodges . I think at length.

The Letter, directed to Mr.   Thomas Wood , read.

I am hardly recovered of my surprize of last Wednesday; unluckily I came a little too late to immediately assist you, however, I went directly to proper friends for advice, I did not meet with that success I expected; but, in the mean time, have neglected nothing for your good: my now pecunary circumstances exclude my being so forcibly your friend as I could wish, but I am determined to use the last effort of an old acquaintance and townsman. I have found from later information, that your case is far from being desperate, and though criminal, admits of many advantageous objections provided that you will take proper advice, which I hope you will by no means neglect: now as my affairs will not admit of my giving you any direct assistance with money, I acquaint you that I am gone over to your father to acquaint him verbally with your unfortunate circumstances, and persuade him to do all in his power to save you from this predicament, which I would have done by letter, did I not know what little attention he would have paid to it; this letter is under cover of Mr. Tenbrooke he was one of the first friends I spoke to about you, I make no doubt but he will be of service to you, at least, in recommending a capable person to assist you; I myself have frequently profited in my last troubles of his, and am persuaded his intentions are good. As soon as I see your father you shall hear from me, in the mean time, I hope my personal appearance for the good of his son, will have the desired effect on the heart of the father. May heaven afford you true courage, suitable to your present lamentable situation, and an happy extrication from it.

Directed to Mr.   Thomas Wood .

Council for the Crown. Here is the order of the Governor of the bank, directed to the cashiers for re-instating, Sir   Joshua Van Neck and Co. in the 4500 l.

Mr.   Robert Lewes . I have seen Mr. Whallis write many times; this is his hand-writing.

(It is read.)

"To the Cashier of the Bank of London,

"Feb. 22, 1766. Pay to Sir   Joshua Van

"Neck, Bart. and Co. four thousand five hundred

"pounds, to replace the like sum drawn

"from their account by a draught, which they

"say was forged.

  John Wheelars , Gov.

In consequence of this the money was paid.

The entry in the book corresponded with the above order.

The Honourable Thomas Walpole.

Council. Please to look at the  signature to the draught, and inform the court, whether it is your's, Sir Joshua's, or Mr. Olivier's?

Mr. Walpole. It certainly is not mine, for I was abroad at that time; it is not Sir Joshua's; it is a strong resemblance of Mr. Olivier's, but I believe it is not his writing.

Sir   Joshua Van Neck . This is not my hand nor Mr. Walpole's, it is meant for Mr. Olivier's, but I believe it is not his, he writes in larger characters when he signs.

Cross Examination.

Q. Do you form your judgement that it is not Mr. Olivier's only from his signing larger?

Van Neck. Yes; and there was no object for that draught in all our business.

Q. It was enquired into in 1765 I believe, and the unhappy man at the bar, though he

had been suspected, still had the happiness to be continued in your office?

Van Neck. He was; after his examination at Sir   John Fieldings , I was guided in my opinion by their's.

Q. You gave him a certificate, signed by yourself, I believe, when he left your house?

Van Neck. He came to me at my house, at Putney, he complained of having been discharged by Mr. Olivier, and desired me to give him a character, which on account of his having lain under these imputations, I gave him fuller than usual.

Q. Please to look at that paper.

Van Neck. The  signature to it is mine.

  Daniel Olivier , Esq;

Q. Is that your hand-writing, or do you believe it to be the hand-writing of Sir Joshua or Mr. Walpole?

Olivier. Certainly it is not my hand-writing, and I verily believe it not to be the handwriting of Sir Joshua, nor Mr. Walpole.

Q. You do not give your clerk any authority to sign your name?

Olivier. No; none of the house.

Council for the Crown. My Lord, we will read a letter Mr. Hodges received from the prisoner, by the fictitious name of Shirley. (The letter shewn to Mr. Hodges.)

Q. Do you believe that to be the prisoner's hand-writing?

Hodges. I believe it is; I am acquainted with his hand-writing.

  John Clark , produceth another letter.

Mr. Hodges. This letter I delivered unopened at Sir   John Feildings ; it is the prisoner's hand-writing; it was directed to me by the name of Captain Shirley.

The Letter read.

Dear Friend,

I arrived at Dover at 2 o'clock I had a most terrible cold night and a great snow if I had set out from London at 4 in the afternoon it's likely thro' the darkness I should have been burryed under it on this side Canterburry The Boat cannot possibly set of to night but are in hopes of tomorrow morning if the weather is in Flanders as here I make a doubt if I can get a cross the country in 8 days if at all for in same places no stages can go at least by way of Dunkirk with this snow that one is obliged to go amasing way about or walk a dozen or 2 miles You cannot write to me but by next Tuesday's post I write the direction at bottom it will be very difficult to make your letters meet us with any regularity as it is impossible for me to calculate the time I shall be at any particular places however this first Letter from you I shall take care to receive I shall write you further by the first opportunity the Boat is waiting for my Letter Adieu my Dear friend and remember me to all friends - God bless you.

J. V.

Mr. Russell. I was employed by the governor of the Bank to pursue the prisoner; I apprehended him at Dover. The landlord of the City of London inn, gave me this Letter (producing it) at the time when I took the prisoner.

- Payne. I delivered a letter to Mr. Russell, that was left at the bar by the prisoner, being too late for the day's post.

Friday 6 oClock

Dear Friend,

Just a little before 3 oClock I wrote you a few lines since I recollect the P. S. was forgot however it happens not to be of any material consequence as this will reach you a Monday and in course time enough for Tuesday Evening to prevent nevertheless a second neglect it's as follows

To Mr. Jan Vander Voght in Swinshoosd at Dordreght Holland

in Case my Arrival should anticipate your Letter care shall be taken that it reaches me as soon as time and place will admit of. It's a pity we did not determine this point more exactly for in crossing the water and traversing the country it is impossible to six within three or four days my receiving any of your favours besides in France and Flanders and the Garrison'd Town of Holland names are punctually registered in and out in commerciall and large Towns I am too well known by somebody or another and consequently is resquing some disagreeable trouble therefore it will be necessary for me to endeavor to six upon another more convenient place mean time I am in great expectation of a circumstantial account till Tuesday 21 next

I am amazingly tired and am going to bed immediately we propose to go to morrow by times should any thing occur shall add it to the P. S. pray receive my acknowledgements of your and your familys friendship towards me kindly, and remember me to Mr. Vanbeffen and Mrs. Fielders and all enquiring friends Bon Seir Mons. Le Capitains & Mon Ami Jean.

I shall take the Liberty to trouble Mrs. Fr. - about some of my domestic Affairs mean time should Molly want some of her advice beg she will be kind enough to assist her.

Saturday morning 6 oClock the Captain has just call'd us we must be a board in an hours time adieu

Q. to Payne. You keep the City of London inn I understand.

Payne. Yes.

Q. The prisoner was brought to your house after he was taken.

Payne. Yes; he had been at my house, and was gone on board the packet; he was brought back again; then he sent for me into a back room, and desired I would endeavour to let him escape, by putting him into some hole or place, that was his words; he said, he imagined Mr. Russell would not take him back with him; he said he observed Mr. Russell and the gentleman that came with him, wink and laugh at each other.

  William Okeley . I acted as constable at the door of the City of London inn, while the prisoner was in the fore parlour; I saw him come on shore from the packet, with Mr. Russell and another gentleman; he went into the fore parlour at the city of London; there were the mayor, Mr. Russell, and several others present; I went with him to the vault; he came into the back parlour after Mr. Payne; he opened a door that went into the stable yard; I told him he must come this way, and so brought him back.

Q. to Payne. Had the prisoner been charged with any thing in particular?

Payne. I cannot tell.

  Elias Hardy . I informed the governor of the bank of the purport of a conversation that I held with   Thomas Wood , a prisoner in the Poultry Counter; he mentioned Hernpeck's knowing something of this matter, and gave me his name on a piece of paper, and said he lived at Amsterdam.

Q. to Jones. Where did you take him?

Jones. We took him out of the packet; he asked by what authority; I told him the sollicitor of the bank, and the mayor of Dover were there, and would shew them their authority; he went very quietly when he was brought on shore; Mr. Russell shewed him the warrant. The Mayor ordered the draw bridge down; and he was brought into the City of London.

Mr. Russell. When he was brought into the city of London inn, he desired to know what he was charged with; I told him I had a warrant; he desired it might be read; it was read to him. This is the warrant (producing it) (the warrant read; in which he was charged with having forged an order for the payment of 4500 on the account of Sir   Joshua Van Neck and Co.)

Q. How long after you came in, was it before it was read?

Russell. About five minutes I believe, I was gone out to the necessary, and they let him go in my absence; that was the cause of my winking, for somebody to go after him; that was after reading the warrant to him.

  Leonard Jacob Van Hernpeck . I was acquainted with the prisoner about four or five months before this affair.

Q. How long did you remain in England after this affair h appened?

Hernpeck. In the whole about a month.

Q. In what capacity was you in, in this country?

Hernpeck. I lived with Mr. Shield, a keeper of a boarding school, at Islington, almost facing the church.

Q. Do you recollect ever seeing that draught before? (shewing him the forged draught.)

Hernpeck. I think so; I had a draught of 4500 l.

Q. Who was present when you received it, and where was it?

Hernpeck. That is impossible to remember; I received it of   Thomas Wood , in the presence of   John Vestenburgh ; they gave it me to go to the Bank, and receive bank notes for it. I cannot tell positively which gave me the directions.   Thomas Wood went with me to the door of the Bank; I presented the bill to the clerks. I received a paper from them at the time I received this draught, with an account of what bank notes I was to receive for it:   Wood I think gave it me. I got the notes the same as they ordered by that paper. I received to the amount of 4500 l.

Q. Where did you carry them to?

Hernpeck. To the best of my remembrance I carried them to Moorfields, to a certain tavern, called the Globe, to Mr. Wood and Vestenburgh, and delivered them the notes; which according to my remembrance was the whole sum. I went for it but once; but I fetched the money at two times. I did not meet Mr. Wood, and not knowing where to carry the money, I carried it to his lodgings, at an inn in Bishopsgate street. I went back again to the Bank, and on the second time of coming from the Bank I met Mr. Wood; and he conducted me to the Globe tavern, where I delivered the money; Mr. Vestenburgh was not present. I was desired to dine with them the same day, at the Queen's Arms, St. Paul's Church Yard. I

went there and Mr. Vestenburgh was there; the affair was talked over, that it was a forgery, and Mr. Wood told me when I brought him the money the second time at the Globe Tavern, that it was a forgery: and that it was necessary that I should go off, because I should be known; and if I would, they would give me 4 or 500 l. the same transaction at the Bank was talked over again; Vestenburgh agreed to every thing that Wood said, that it was a forgery; Wood repeated what he had said to me, and Vestenburgh agreed to the same point, that it was necessary that I should go abroad. Mr. Wood and the prisoner agreed to give me 4 or 500 l. to go abroad; which I agreed to; 130 l. was paid me two or three days before I went abroad; Wood paid me 80 l. in cash, and Vestenburgh gave me a bill on Mr. Muilman and sons, in Amsterdam for fifty pounds; (a bill shewn the witness) this is the bill to the best of my remembrance; the indorsement according to my opinion is Vestenburgh's.

Q. to Mr. Hodges. Do you know the handwriting of that indorsement?

Hodges. I believe it is Mr. Vestenburgh's; I don't know the writing to the second indorsement.

Q. Did you receive the draft of Miulman and sons?

Hodges. In the course of four or five months, I received the remainder of the money, that was promised me to make up the 500 l. I was then in Holland, from   Thomas Wood , partly from his own hands in Holland, and partly in bills.

Q. Did you settle any place on going over in Holland?

Hernpeck. No; I was there almost a year and a half before I settled in Holland. Wood and Vestenburgh desired that I should not settle; they said it was not yet time to settle, but that I should move about.

Q. I think you said before, there was an intimacy between Wood, you, and Vestenburgh.

Hernpeck. Yes, I came acquinted with the prisoner when Wood and I lodged in the same house, through the means of Wood.

Q. Was you in company with Vestenburgh and Wood after receiving the money in London?

Hernpeck. Two or three times we have been at the Globe Tavern. I went to Holland about the 5th or 6th of Nov. 1765. I received the money the day I left England.

Cross Examination.

Q. How long had you been in London at that time?

Hernpeck. I came to London in 1762. I was at Islington and Deptford. When I changed the notes I was required to put a name on it; I wrote on it   Jacob Bosh .

Q. Was you at the Bank before that morning?

Hernpeck No, only presenting the draft; to the best of my knowledge the draft was all paid in notes.

Q. When you went over to Holland, you say you moved several times?

Hernpeck. Yes; Wood desired me not to keep long in one place. I have been in England since that time, about 24 or 25 months ago. I had been once before, about three or four years ago. I came over with a gentleman as a companion, and staid about three or four weeks; but I was only two days in London, the rest in the country.

Q. What business was you then?

Hernpeck. I came over on account of my master, Mess. Labor and Deprona. I had been with them almost four years.

Q. What was the reason of your coming over the last time?

Hernpeck. The Bank pursued me in Holland; some of the Bank came to Mess. Labor and Deprona, and I agreed to come over. Sir   Joshua Van Neck wrote me, that if I came over into England I should have a pardon.

Q. You knew when you carried this draught to the Bank it was forged.

Hernpeck. No; I did not then.

Q. How came you to write the name of   Jacob Bosh upon it.

Hernpeck. I never was in the Bank before; they told me it was a form of no consequence, and bid me write   Jacob Bosh on it; when I brought the money to Wood, he told me it was a forgery.

Q. How came you to write at Sir   Joshua Van Neck ?

Hernpeck. Because I knew Vestenburg was at Sir Joshua's.

Mr.   Richard Muilman . That bill of 50 l. is drawn by our house; I signed it, and wrote a letter to our house in Holland.

Q. At whose instance was it drawn?

Muilman. The letter says at the request of the prisoner; I cannot remember the circumstances of it myself.

Court. Please to read the bill in English.

Mr. Muilman (reads)

London, 1st Nov. 1765.

50

At three days sight, please to pay this our first bill of exchange, to   Johannes Vestenburgh , or order.

Q. Was that the prisoner?

Muilman. Yes; he paid us for it, it has passed through all our books.

Cross Examination.

Q. Do you know who that bill was delivered to.

Muilman. No.

Q. Then you can't say that Vestenburgh came for it?

Muilman. I can't be certain; but I think he did, from the peculiarity of the letter of advice, which I have a copy of.

Court. That cannot be read.

Q. Was Tenbrooke clerk to you in 1765?

Muilman. Yes; the writer of the bill is in Holland.

Q. to Tenbrooke. Do you remember the prisoner's applying to your house for a bill?

Tenbrooke. I don't remember any thing in particular of that bill; he had credit for 300 at our house at Amsterdam on an uncle of his.

- Shields. Hernpeck was an assistant with me; he left me on the 6th Nov. 1765, without any notice; I did not know of his going two or three days before he went; he said he had an estate left him, by a father or an uncle in Holland.

Mrs. Moore. Wood and Hernpeck lodged at my house. I have seen the prisoner come to Wood.

Q. Were Hernpeck and Wood intimate?

Moore. Yes, very intimate; they said they were of the same country.

Prisoner's Defence.

I have only to say that I declare myself innocent of the crimes alledged against me. As to what is advanced, in regard to the respect I paid to Mr. Wood, in going over to Holland, it proceeded from friendship; we were born next door to each other, in a country town in Holland; you have heard what Mr. Hodges has said of what passed between us.

Council for the prisoner. My Lord, it may be proper to explain what is meant, where he desires no notice should be taken of his going to Holland for fear some disagreeable consequences should ensue.

For the Prisoner.

Q. to Mr. Hodges. Can you give the court a reason for Mr. Vestenburgh's conduct in that particular?

Mr. Hodges. He had had connections in the way of trade, with one Groneveil in Holland; and there is a dispute between them, so that if Vestenburgh had gone publickly to Holland, he would have been arrested; and if Groneveil had come over here, doubtless he would have been arrested.

Mr. Muilman. I believe he was perfectly right in not letting them know he was there.

Q. to Mr. Hodges. Was not Mr. Vestenburgh in good business at that time.

Hodges. Yes.

Q. Was he a man of extravagence or expence?

Hodges. No, far from it, and he was very well respected.

  John Baldero , Esq; I have known the prisoner from January 1768. From January 1768 to February 1771, his business with me has been to the amount of 70 or 80,000 l. on the 22d of August 1770, he brought in one article the sum of 15,000 l. and on the 22d of that month, he was in cash 16520 l. he has frequently brought very large draughts, one in particular on the 28th of August, for 22180 l.

Council for the Crown. Was he not agent for those who were concerned in stock transactions?

Mr. Baldero. Most certainly.

Council for the prisoner. What is his general character?

Mr. Baldero. He always bore a fair character.

Council for the Crown. I observe your account drops in January 1771.

Mr. Baldero. I have done no business for him since.

  Robert Petham , Esq; I have known the prisoner about fourteen years. I never heard but that he had a very good character. I knew the gentleman he served his apprenticeship to in Holland.

  Edward Ryan , Esq; I execute business by commission for the gentleman the prisoner

served his time with; he has the best of characters; he had letters of recommendation from the first persons in Holland.

Mr. Delevainston. I have known him, Mr. Vestenburg, from the latter end of the year 1765; he is a man of a general good character.

Rev. Mr. Williams. I have known him about seven years; he has an exceeding good character. I always took him to be a gentleman and a christian.

Mr. Miller. I have known him about eight years, He has an exceeding good character; he is a generous man and a true friend.

Mr. Boan. I have known him ten years; he bears an undeniable character.

Mr. Muilman reads, in English, the written character Sir   Joshua Van Neck gave him, when he lost his service.

March 20, 1766.

"Mr.   John Vestenburgh , who has been in my house a full year, as book-keeper , intending to go to Holland, and being desirous of a character, I hereby declare, that I have found him honest in his conduct, and has principles of honor and ability in his post; so that I sincerely wish him success in all his undertakings."

  Anthony Tenbrooke . I have known Mr. Vestenburgh ten years, he is a humane, charitable, generous, open, honest man.

  Nathaniel Hodges . I have known him more than three years, he was a man I esteemed much; I would wish to have made him my bosom friend.

  Edmund Lewein . I have known him about eight years; he has as good a character as any man I ever knew.

Acquitted .