181. + Robert Catherall proceedingsdefend * , was indicted for forging and counterfeiting a certain acceptance on a bill of exchange; which said bill of exchange is in the words, abbreviations of words, and figures following.

* He was tried in the mayoralty of Sir Robert Willimott < no role > , upon a capital indictment, and acquitted. See Sessions paper, numb. VI. part 2. fol: 218. trial 231. He was an evidence on the trial of Lydia Collet < no role > (who was transported in the mayoralty of Sir Robert Westley < no role > ) to prove that she was in another place at the time the fact which she was charged with was committed. See Sessions paper numb. III. pag. 78. trial 164.

' October 8th, 1744.

' Pay to Mr. Robert Catherall < no role > , or order, l. 21 ' thirty days after sight, and place it to the account ' of your most humble servant, THOMAS PIERCE < no role > .

' To Mr. Thomas Simpson < no role > , at the corner of ' Crutched friers bar, Tower-hill, London.'

And that he did willingly assist in forging and counterfeiting a certain paper writing, under the hand of Thomas Simpson < no role > ; which said last mentioned paper writing is as follows:

' Accepted, Oct. 13.

THOMAS SIMPSON < no role > .'

With an intent to defraud Thomas Simpson < no role > , of London, merchant; against the form of the statute, &c.

He was also charged with uttering and publishing the same, knowing it to be false, forged, and counterfeited, with an intent to defraud the said Thomas Simpson < no role > .

He was likewise charged with uttering and publishing the same, with an intent to defraud Sarah Giles < no role > , widow.

The indictment was also laid for forging the said bill of exchange, and for uttering and publishing the same, knowing it to be false, forged, and counterfeited, with an intent to defraud the said Sarah Giles < no role > .

This was laid to be done at the parish of St. Mary the Virgin in Aldermanbury, and after the 24 h of June, 1734, to wit, on the 16th of October, in the 18th year of his present Majesty's reign.

The Counsel for the Prosecutor having opened the indictment, proceeded to call their witnesses.

- Mulliner. I am servant to Mrs. Giles in Addle-street. I think it was on the 15th of October, the Prisoner came into the shop, and asked Mr. Giles [my mistress's son] if he sold nails. Mr. Giles told him, he did. He said, he wanted a parcel of nails, and if he would sell him as cheap as another, he would buy them of him. Mr. Giles asked him, what sort of nails he would have? I think he said, ten-peny nails. Mr. Giles asked him, whether they must be rose-headed nails, or clasp headed nails. He said, he could not tell; but they were to go into the country. Then I concluded they were to be rose-headed nails. He said there was a vessel lying ready for them. He pulled out a paper, whereon was wrote down what he wanted. He desired they might be looked out, and said, he would call for them in the morning. I told him, they would come to about 13 or 14 l. I went into the counting-house to Mr. Giles, and told him what the Prisoner said. Mr. Giles said to him, You are a stranger to me, and I shall expect the money. He said, he should have the money before the goods went away. Here is a note, said he, on one Mr. Simpson on Tower-hill. I looked on the bill, and there was not the name of any town upon it. Says I, Where had you this bill? He said, he had it from Yarmouth in Dorsetshire; and that he had done work, as a carpenter, for this Mr. Pierce, near Yarmouth Mr. Giles said, he would take the bill, and send it to Mr. Simpson's. The Prisoner said, he would go with him himself. Mr. Giles said, he was busy then, and could not go. There were some brads in the order: I asked him, what sort. He could not tell, but I should know in the morning. I went to Mr. Simpson's, and shewed the bill to one of his clerks, and asked, if it was a good bill. He looked upon it two or three minutes, and said, it was not a good bill: Mr. Simpson looked upon it, and said the same. I told him how I came by it. He said, he should be glad to have the person who brought it apprehended. I told him, he was to come in the morning. I went home, and acquainted Mr. Giles with it, and went afterwards to Mr. Simpson's, to desire he would send his clerk to be there, for we did not care to apprehend him ourselves. Mr. Simpson accordingly sent his man to our house, and when the Prisoner came, we sent for a constable, and secured him. [The bill was produced and read.]

Prisoner. There happened to be two Thomas Simpsons < no role > , which I did not know of; the bill was a very good bill to me.

Counsel. Do you know two Thomas Simpsons < no role > .

Mulliner. I know only one Thomas Simpson < no role > , and he lives at Crutched Friers Bar.

Prisoner. He lives opposite to the other Thomas Simpson < no role > .

Mr. Thomas Simpson < no role > , merchant. I live at the corner of Crutched Friers Bar on Tower Hill.

Counsel. Is this your hand-writing?

Thomas Simpson < no role > . It is not; Mr. Giles's young man brought it to me, and said he took it in payment; I said he should stopt it till I could have a better account of it; he said he believed he should see the person in the morning, and I desired they would secure him. The Prisoner the next morning before the Justice said he had it from Yarmouth in Dorsetshire, of one Thomas Pierce < no role > . I asked, whether he was a farmer, or what. He said he was a farmer or a hop-merchant. I asked him, which way he came; he said, by sea. I asked him, how long he had been in town; he said, a fortnight. The bill being dated the 8th of October, I thought this very inconsistent. This is the bill. It is drawn by Thomas Pierce < no role > on Thomas Simpson < no role > ; I did not accept this bill. The Prisoner was not committed by Sir John Thompson < no role > that day, but was continued in custody. I went to one Mr. Dobson, the landlord of that house, and asked him who had taken it; Mr. Dobson said one Thomas Pierce < no role > had taken it, and Mr. Dobson shewed me the schedule of the things in the name of Thomas Pierce < no role > , but before quarter day every person was gone out of the house. This Simpson, who lived opposite to me, said he was a cyder merchant, but I question whether there was any Thomas Simpson < no role > lived there, for I believe the person's name was Pierce.

Prisoner. I cannot be guilty of this, for I cannot write.

Mulliner. Though he says he cannot write, he offered to indorse the bill.

Prisoner. Thomas Pierce < no role > paid me the note for money lent him: he was a pastry cook in Newgate Street.

John Amler < no role > . I know there were two Thomas Simpsons < no role > , one Thomas Simpson < no role > lived at the corner of Crouched Priers, and I know his handwriting, because he was an excise officer with me. I know Pierce's hand-writing too, but I do not know any thing of his affairs, either of the drawing the bill, or anything. The body of the note is neither Pierce's nor Simpson's hand writing: the acceptance is Simpson's hand-writing. This Thomas Simpson < no role > lived in the corner house on the right hand, and the other gentleman lives on the left hand. Acquitted .

The Counsel for the Prosecutor moved the Court, that the Prisoner might be continued in custody, that he might be indicted for perjury, in a cause which was lately tried in the Court of Admiralty; and he was ordered to be continned.