HENRY LAVELL.
11th September 1782
Reference Numbert17820911-110
VerdictGuilty
SentenceDeath; No Punishment > sentence respited

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594. HENRY LAVELL was indicted for falsely making, forging, and counterfeiting a certain order for payment of money, purporting to be an order for 10 l. 10 s. by which Messrs. Drummond and Co. were required to pay the bearer the said sum , and which said order was as follows,

"Messrs. Drummond, Charing Cross, Aug. 25, 1782, Please to pay the bearer, or order, on demand, 10 l. 10 s. and place the same to the account of me, H. H. Aston, No. 12, Seymour-street, Portman-Square." With intention to defraud the said H. H. Aston .

A second count is for feloniously uttering the same, on the same day and year, well knowing the same to be forged, with the like intention.

A third count is the same as the first, with intention to defraud Messrs. Drummond and Co.

A fourth count is the same as the second, with the like intention.

H. H. ASTON sworn.

On the 21st of August, my servant told me

a note had been given to her, for two guineas, seeing this was like my hand, I went to Drummonds, where I have some money, I found two notes had been drawn in my name, which they payed; I told them they were forged, and desired if any person came for more, to stop them. On the 26th they sent to let me know that a man had been with a draft, who came from a gentlemen at the coffee-house; the note was shewn me, and I knew it not to be my hand writing; the waiter who saw him write the note, is here.

WILLIAM SMITH sworn.

I am clerk to Messrs. Drummonds; on Saturday morning a waiter brought a letter, which I gave to the person appointed to open letters; he said he was to have five guineas; Mr. Aston came some little time after, and said the servant had robbed him; I told him we had paid two drafts, and shewed him the drafts, which he declared were not his handwriting. On the Monday morning a person who is one of the witnesses came with an order for the payment of ten guineas; I have the order; I think Mr. Chaplin brought it, he wrote his name, at my request. (The order read as in the indictment.)

Do you know Mr. Aston's hand-writing? - I thought I did, but I was deceived.

Do you know it sufficiently so as to swear to it? - I think I do.

Can you undertake to swear whether it is Mr. Aston's hand-writing or not? - No, I cannot, tho' at the same time I believe it is not.

You are acquainted with Mr. Aston's hand-writing, are you? - I have seen him write several times.

Why do you not believe that to be his hand-writing? - Because I have compared them, and the difference strikes me more forcibly.

Did you pay the money? - I did not, we detained the person that brought it, and sent for a constable.

ROBERT CHAPLIN sworn.

I am waiter and porter at Mr. Brewer's, Covent-Garden, (he is shewn the order) I believe that to be the note which I took from the prisoner at the bar and carried to Messrs. Drummonds; I received it on the 26th of August, sealed up, from the prisoner, to take to Messrs. Drummonds, and I should have ten guineas for it.

WILLIAM CRAIG sworn.

I am clerk to Messrs. Drummonds, I believe the waiter is the person who brought the draft to Messrs. Drummonds, I did not see the draft, I suppose the waiter to be the person.

Court. Is not there the waiter's name on the back of it, who wrote that? -

Chaplin. It is my hand-writing.

To Mr. Aston. Is there any body here that knows your hand-writing better than Mr. Smith; you are not competent to give that evidence yourself? - No my Lord.

To Mr. Smith. Have you been used to see Mr. Aston's drafts? - I have seen several of them, but he did not draw often, it is very much like it especially the word Aston, I cannot say the two H's are so much like it.

To Chaplin. I asked you before, whether you knew the contents of this letter? - I did not.

It was sealed up when he gave it you, are you sure of that? - Yes.

Did you see the prisoner write any part of it? - I was standing very near him, I saw him write, and he sealed it up, and gave it to me; I believe that to be the paper he was writing.

Then the letter he gave you was not finished? - He ordered pen, ink, and paper, I brought it; says he, stand by me till I have done, I believe that to be the paper he was writing.

PRISONER.

I have nothing to say, I have no witnesses; I lived with my father till I went down to Birmingham to work; I went to Jersey, I was there a little while before this gentlemen took me, he promised me my discharge; afterwards he would not let me have it: I

received nothing of him, I had but a little money when I came to town.

GUILTY ( Death .)

Mr. Sylvester moved an arrest of judgment on account of all the names of the partners of Mr. Drummond's house not being mentioned in the indictment, but only the name of Drummond and Co. which not being the usual form, it was referred to the opinion of the Twelve Judges .


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