Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

1st March 1721

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Currently Held: Harvard University Library

LL ref: t17210301-62




William Saunders proceedingsdefend and John Bartholomew Earl proceedingsdefend , were indicted for a Misdemeanour, in Conspiring together to Forge an Affidavit, and another Instrument to impose on the Attorney-General to obtain a Noli Prosequi to an Indictment for a Riot, Assault and Battery against Francis Buxton < no role > , and others, and for procuring a Person to swear to it in the Name of John Roberts < no role > ; Mr. Jones deposed. that Application was made to the Attorney General for a Noli Prosequi; who asking for the Prosecutor, and saying he must see him first, Saunders told him that the Prosecutor was Sick a Bed , but he was concerned for him; that the Attorney General said if they would bring an Affidavit and Instrument signed by the Prosecutor and swear to it, it might be granted; that Saunders brought an Affidavit and Agreement, and obtained a Noli Prosequi thereby. Edward Arnold < no role > deposed, that the Instrument (which was shewn him) was none of his signing, that he never did sign any for a Noli Prosequi, and that he was not sick. That he told Earl that Saunders was not employed for him. That Earl said he would swear a Robbery against him (this Evidence) if he would not consent to a Noli Presequi. And that Earl and Saunders went together to the Attorney General to get the Warrant. The Attorney General's Warrant for a Noli Prosequi, so obtained, was read in Court. Francis Buxton < no role > deposed that he did not know of Earl's being concerned; that Saunders brought one August to demand half a Guinea for Swearing in the Name of Roberts. That he (Saunders) said he had got it nicely done, and if he would not give him 5 Guineas for it, he would send him out of the World. The Evidence not being sufficient against Earl, the Jury Acquitted him, and found William Saunders Guilty of the Indictment Fined 50 l. to stand in the Pillory without Temple-Bar , and to suffer 12 Months Imprisonment .




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