ANDREW ROMAN.
10th September 1783
Reference Numbert17830910-70
VerdictGuilty > with recommendation
SentenceDeath

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663. ANDREW ROMAN was indicted for that he, well knowing that one Thomas Irven Anderson had lately served our Lord the King, on board the ship called the Nemesis, and that certain prize money was due and payable to him for his service on board the said ship, on the 22d day of August last, feloniously, willingly and knowingly, did personate and falsely assume the name and character of the said Thomas Irven the seaman aforesaid, in order to receive the said prize money against the statute.

ALEXANDER CHORLEY , Esq; sworn.

I am one of the agents for paying the prizes of his Majesty's ship the Nemesis; Thomas Irven Anderson was a seaman on board that ship, as it appears to me by the books called the distribution list of the prizes, and it appears that he was boatswain's mate on board that ship: It is signed by the captain and officers, and certified by the commissioners of the Navy.

How much did it appear his share amounted to? - Three pounds ten shillings and sixpence, the prisoner applied to me on the 23d of August last, he was with me three times, the first time he was brought by a man that has been convicted this sessions; he represented himself as Thomas Anderson , I do not recollect that he made use of the name of Irven.

Prisoner's Council. My Lord, the name he assumed is not the name mentioned in the indictment.

Court. Let me see the act of parliament, hand up the indictment.

Court. Have you looked over the names of the several crew belonging to that ship? - Yes.

You have the names of all that belonged to that ship? - All that were entitled to prizes.

Did he mention what situation he bore on board the ship? - I think he said boatswain's mate, or yeoman of the sheets, which I believe is much the same thing.

What was Anderson? - Irven Anderson was boatswain's mate.

You are not much accustomed to the sea yourself? - No.

Did you then refer to your book? - Yes, I did.

Did you take notice then of the name of Thomas Irvin Anderson ? - Yes.

Did you mention it to him? - No, I did not, the question I asked him was, if he had any certificate from his Captain or officers, to shew he was the person he represented himself to be; then I began to suspect him, and I warned him as I did the other man, to take care what he was about, I told him the consequence, and told him, there was a man to be executed the very next day for the same crime, at which he seemed to be shocked, as I thought; I told him, he must bring me a certificate from the officer, then he told me, he had been sick in the hospital; I then told him, to bring me his discharge from the hospital; the next day he came again with two more people, one of whom was very riotous, and called himself an officer, and required payment of the money to this man, I told him, if he would call on me on the Saturday following at twelve o'clock, and bring the other man with him, who had come with him at first, that was the man that has been convicted this sessions; I then possibly might pay him; they came at the appointed time and Captain Blythe was at that time in my house and saw the prisoner, and gave his opinion of him, then I had him apprehended; the other prisoner brought him first.

- BLYTHE, Esq; sworn.

I was Captain of the Nemesis, I know Thomas Irvin Anderson very well, he was intitled to prize money for the Dutch ship the Catherina.

Do you remember whether there was any other sailor or person belonging to the ship, of the name of Anderson? - There was no other of the name of Anderson at that time.

How did you call him? - Thomas Anderson in general he was called, but in a ship that he was in before, which I commanded, he was called Thomas Irvin.

He was always called Thomas Anderson, on board the Nemesis? - Yes.

What ship was that? - The Camel, he was known at Liverpool as Thomas Anderson , he lived there and kept a publick house; I entered him in the Nemesis, by the name of Thomas Irvin Anderson .

Is that man the man? - I never saw the prisoner at the bar, before the 23d of August last at the agent's house; he is not the man that went by the name of Thomas Irvin Anderson , in the Nemesis.

PRISONER's DEFENCE.

The man that has been tried took me to the agent's house, I knew nothing of the matter.

Court to Jury. Gentlemen of the Jury, with respect to this evidence, it has been objected on the part of the prisoner, that the name he assumed, Thomas Anderson , is not the name mentioned in the indictment, now I conceive, that where it is clearly proved as to the taking the Christian name and the sirname, and omitting another Christian name that may be in the middle, but taking the name that a man is usually called by, as people generally content themselves with the first Christian name and the sirname: If upon the evidence it appears that he clearly and certainly meant the person whose full name is Thomas Irven Anderson , that in my apprehension is personating him; you will therefore form your opinion, whether by his personating the name of Thomas Anderson , he did not personate Thomas Irven Anderson.

GUILTY, Death .

He was humbly recommended to mercy by Captain Blythe .

Tried by the second Middlesex Jury before Mr. Justice GOULD.


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