The Proceedings of the Old Bailey

 

847.   PAUL WHITEHEAD was indicted for feloniously forging and counterfeiting an acceptance on a certain bill of exchange for 87 l. 10 s. with intention to defraud   William Moreland ,   Scrope Bernard Moreland , the Honourable   Douglas Kinneer ,   William Bernard Moreland , and   John Hosier .

SECOND COUNT - for like offence, with intention to defraud   Abraham Roberts , Sir   William Curtis , Bart.   Abraham Wildey Robarts , and   William Curtis jun.

THIRD COUNT - with intention to defraud   Thomas Gullan .

AND THREE OTHER COUNTS - for uttering and publishing as true a like forged acceptance, with the same intention.

The case was stated by Mr. Knapp.

ABRAHAM WILDEY ROBARTS Q. What is the firm of your house - A.   Abraham Robarts , Sir   William Curtis , Bart.   Abraham Wildey Robarts, and   William Curtis jun.

Q. On the 3d of May last were you at the Royal Exchange. - A. I was, I am not positive to the day, it was in the early part of May, I saw the prisoner there.

Q. Did you know him before. - A. No, I did not. He accosted me by name, he said he had a favour to ask of me. I expressed some surprize that he should address me as he was a perfect stranger to me, he then stated that I must have seen him in the cashier's office in the bank, I then looked at him, and recollected him in that situation as having been a clerk in the bank, I asked him what favour he had to ask of me, he replied he wished me to discount a bill, I expressed a considerable reluctance in doing it, stating that I never wished to discount bills out of the regular course of business.

Q. Had any bill been produced by him. - A. No. He then stated to me that he was very well known by Mr. Lee, one of our principal clerks, who would also confirm his statement to me, he would go over to our house, and Mr. Lee would confirm it. I still continued to express my dislike to discount the bill, he pressed me very hard, that he had a sum of money to make up in was not made up, would be affected by it, to the best of my recollection them are the words he said I went back with him to my house, I then called Mr. Lee, Mr. Lee said he knew him very well as a clerk in the cashier's office in the bank, that he had always been very civil and very attentive to him when he had occasion to transact any business in that office. The bill was then produced, I think, for the first time by the prisoner, I then shewed the bill to Mr. Lee in his presence, Mr. Lee stated that he thought from the situation that the prisoner was in the bank, there would not be any risque in discounting a bill of that amount. I however was not perfectly satisfied with that, I requested the bill might be left with me, in order that I might make enquiry of Ransom's clerk, with respect of the respectability of the acceptor. I said that in the presence of the prisoner, The prisoner expressed no objection of leaving the bill with me at all, and accordingly, the next day, when Ransom's clerk came to our house, I asked him if it was a bill that I might safely discount.

Q. In consequence of these enquiries, did you give any directions to discount the bill. - A. When I was satisfied, I then gave directions for the bill to be discounted, and the money given to the prisoner, charging him for the regular discount.

Q. Did you see it paid. - A. No, I did not.

Mr. Arabin. Look at that bill, and see whether that is the bill. - A. This is certainly the bill.

Mr. Alley. You have no other partner at all intrested. - A. None whatever than has been stated.

Q. The man left it with you in order that you might make enquiry. - A. I made the enquiry myself.

Q. You could not remember the name of Gullan, you shewed him the bill, and the clerk on looking at the bill, he said it was a bill that you might take. - A. Yes.

  WILLIAM LEE . Q. You are a clerk in Robarts's house. - A. Yes.

Q. Do you know the prisoner at the bar. - A. I do, I have known him probably four or five years, I knew him first in the chief cashier's office in the bank.

Q. Was he in the cashier's office at the time he came to you. - A. I thought he was, it turned out he was not.

Q. Do you remember his coming to your house. - A. I remember enquiry being made of me by Mr. Robarts, whether I knew him or not, the prisoner was present, I knew him very well, I once knew him to be a respectable man.

Q. Did you pay the prisoner the day after the amount of that bill. - A. I did.

Q. Look at that bill and see whether you know it. - A. I do not know that I saw it. The bill goes into another office, a ticket is brought me; Whitehead brought the ticket himself, and I paid him the money. This is the entry in the book, 86 l. 18 s. 2 d. G b. that is the book, I paid him eighty seven pounds in Bank notes, he paid one shilling and ten pence to make it even bank notes, that is the amount, deducting the discount. The bill was eighty-seven pounds ten shillings, that left eleven shillings and ten pence discount.

Mr. Alley. I see the name of Whitehead is here, now you copied that from some other person in the A. Yes, I

Q. Pay P Whitehead eighty-six pounds eighteen shillings and two pence. Looking at that, can you say that you paid that for the ticket that is now produced - A. Yes, I knew Mr. Whitehead very well.

Q. That I know. Looking at this you could not say whether the bill was one month, two, or three; you know that would make a difference, if the bill was a two month bill, then this might be it deducting the interest, I want to know whether the bill produced in question was the bill that Whitehead discounted to you. - A. It certainly was.

Q. When was it you first saw the bill before. - A. The night before I paid the money Mr. Robarts enquired if I knew Whitehead, I had seen the bill the night before.

Q. You might have seen a bill in Whitehead's hands, which being a two month bill, and deducting the discount, would amount to this ticket. - A. It could not be two months quite, the interest would be more.

Q. I want to know, you not having the bill presented to you at the time, how you can swear to that being the bill. - A. I do not know that ever Mr. Whitehead discounted a bill before.

Court I understood you to have been present the day before, when the prisoner came into your shop, Mr. Robarts called to you to tell him what you knew about the prisoner. - A. Yes, then I believe I saw the bill, but not when I paid the money, Mr. Robarts asked me wether I knew Whitehead, Whitehead was present.

  JEREMIAH BOWEN . Q. You are clerk in the house of Robarts and Co. - A. I am.

Q. Did you at any time present that bill. - A. I presented it at Ransom's in Pall Mall, on the 21st of June, it was not paid.

  JOHN DOMAN . Q. You are one of the principal cashiers in the house of Ransom, Moreland, and Co. - A. I am.

Q. Tell us the partners of that house. -  A. William Moreland , Scrope   Bernard Moreland , the Honourable   Douglass Kinneer ,   William Bernard Moreland , and   John Hosier .

Q. Do you know a person of the name of   Thomas Gullan . - A. Yes; his house is in Manchester Buildings, his livery stables are in King Street, Westminster.

Q. Had he an account in your house. - A. He had.

Q. Had you received general directions not to pay any acceptances from him. - A. Yes.

Q. Did you refuse payment of it. - A. It was refused by me, it was presented by Mr. Bowen, Mr. Robarts's clerk.

Q. Do you know Mr. Gullan's hand writing. - A. I do exceeding well.

Q. Look at that, and tell me wether you know that acceptance is Mr. Gullan's hand writing. - A. In my judgment it is not, I have seen him write repeatedly.

Mr. Alley. In your judgment it is not is your answer, I want to know whether that judgment is formed in consequence of any conversation with Mr. Gullan, or whether it is solely the result from the view of the bill itself. - A. From the bill itself, strengthened from that.

Q. Suppose you had seen that, and you had no conversation with Mr. Gullan, would you not believe that to be his hand writing. - A. I certainly would not.

Mr. Knapp. Supposing you had received no directions from Mr. Gullan himself, should you have paid that bill. - A. Not if I had looked at it as I do now, - it might have been paid in the hurry of business.

Mr. Alley. Making allowance for the distinction of a man's writing now and then, can you undertake to say that is not Mr. Gullan's hand writing. - A. I have seen him sign drafts for fifteen years, according to the best of my opinion it is not his hand writing.

  RICHARD GULLAN . Q. You are the brother of   Thomas Gullan . - A. I am, his stables are in King Street, Westminster.

Q. You know your brother's hand writing. - A. Very well, I have seen him write very often.

Q. Look at that acceptance, and say whether that is his hand writing. - A. No ways like it, it is not his writing.

Mr. Alley. You are come here to tell us that it is no ways like it, are you his partner. - A. No, we are not concerned in trade.

Q You both carry on the same business. - A. Yes, we are no ways connected in business.

Court. Do you know any other person of the name of   Thomas Gullan living in King street. - A. No one. I did know one, that was his father, he has been dead ten years.

Q.(to Doman.) Have you any other customer that keeps cash at your shop of the name of   Thomas Gullan , who keeps stables in King Street. - A. Not any.

TIMOTHY HILL I live at Westminster Bridge foot, I am an ironmonger.

Q. Do you know   Thomas Gullan , the livery stable keeper, Westminster. - A. I have known him fourteen or fifteen years, I never heard of any other of that name, I have lived there twenty-four years, I have seen   Thomas Gullan write frequently.

Q. Look at that and tell me according to your belief whether that is his hand writing or not. - A. No, it is not.

Mr. Alley. Do you form your opinion solely upon the hand writing, supposing you had seen it elsewhere. - A. I should be able to have said it was not his handwriting.

  WILLIAM HADNUTT . I live in Oakley Street, Lambeth.

Q. Do you know   Thomas Gullan , the livery stable keeper there. - A. Yes, I have known him six years, I know of no other person of the name of   Thomas Gullan living near there.

Q. Have you seen Mr. Gullan write. - A. Yes, frequently.

Q. Tell me whether you believe that to be his hand writing or not. - A. I do not believe it is.

  HENRY DOVER . Q. In what situation are you in the Bank of England. - A. In the chief cashier's office.

Q. Do you know the prisoner Whitehead. - A. I do.

Q. On the 3rd of May last, was he in your office. - A. No, he was not, he had been in the office before, he left it the 2nd of August, 1810.

Mr. Alley. Sometimes persons are suspended in the

Bank of England, and taken in again. - A. I believe they are, he gave in his resignation.

Q. That you do not know of your own knowledge. - A. No.

Mr. Arabin. Has he ever been in any office in the Bank since he resigned. - A. No.

(The Bill read.)

The prisoner left his defence to his counsel, and called one witness, who gave him a good character.

GUILTY - DEATH , aged 36.

London Jury, before Mr. Justice Le Blanc.