+ 485. Richard Plaistowe proceedingsdefend *, of the parish of Allhallows, London , gent. was indicted. for feloniously forging and counterfeiting, or causing to be forged and counterfeited, on the 23d of Dec. last, a certain writing in paper, called a promissory note. for the payment of 5 l. 5 s. which is as follows,

* Stat. 9. G. II.

> June 7th, 1747 .

I promise to pay to Richard Plaistowe < no role > , Esq. or order, five pounds five shillings on demand, for value received by me

£5. 5s. J. Kynaston Fawkner.

By reason of which said note, he (the Defendant) defrauded one Thomas Kinton proceedingsvictim of 2 l. 2 s.

He was also indicted for uttering and publishing the same, knowing it to be forged, &c.

Thomas Kinton < no role > . I live at the Steel-yard coffee house in Thomas street, and by the Prisoner's appearance, I thought he was a gentleman; when he was at our house, he said he was a searcher at the port of Lewis in Sussex, and was to be a searcher at the port of London, and wanted some body to go down to fetch his books.

Q. Did he seem to want any money?

Kinton. He came to me the 23d. of December, and asked if I had any money, and said he had bought a horse, and agreed with a person to go down to Lewis in Sussex ; and he said he had been at Mr. Crockatts in Cloak Lane, he said he had got this note to be paid by Mr. Crockatt, but he Did they did not pay any of these notes but on a Saturday, and that it would be paid next Saturday : the inquest of the ward were at our house then, and said it was a strange thing that such a worthy man as Mr. Crockatt should let a note of 5 l. 5 s. and made payable on demand, that was drawn the 27th of June, 1747, lye to this time unpaid ; he said he did not want money then, and he would not go and demand it: I said I had but three guineas in the house, and I could not leave myself without any money, and if two guineas would be of any service to him, he should have them; and I gave him the two guineas, and said, let me know what I am to have for my money, he said the note was indorsed, and he left it in my hand.

Q. Did you see him indorsed it?

Kinton. No; I did not, and he said he would come on the Saturday for the remaining 3 guineas, and if I had had 5 guineas in the house then, he should have had them all upon the credit of the note. I went to Mr. Crockatt's house on the Saturday, and there is a Gentleman there that I spoke to, and I said I had brought a note for payment: he looked at the the note and laughed; and said, he would not give me a shilling for it; and he said he knew nothing of this Fawkner.

Q. Who does this note appear to be signed by?

Kinton. By J Kynaston Fawkner; but Mr. Plaistowe never came for the Money, and I never saw him since to my knowledge from that night, which was the 23d of December, till the 5th of July, when he was taken up.

Q. But before the 23d of December had not you frequently seen him?

Kinton. Yes, he got acquainted with some of the gentlemen that use my house; but he very seldom came at any other time but of an evening.

The note was read.

'' June 27th, 1747.

'' I promise to pay to Richard Plaistowe < no role > , Esq; '' or order, on demand, the sum of five pounds '' five shillings, value received by me .

. 5. 5 s .

'' J. Kynaston Fawkner.

Pris. Coun. Did you ever lend him any other money?

Kinton. Yes, once I lent him 18 s.

Q. What did you lend him these 2 guineas for?

Kinton. Upon this note.

Q. I would ask you, whether you did not lend Mr. Plaistow money after this?

Kinton. No.

Q. Did you lend him a guinea once?

Kinton. No, it was an 18 s. piece.

Q. How long was the loan of the 18 s. piece, before the loan of the 2 guineas?

Kinton . About a fortnight I believe, he asked me but for half a guinea, when I lent him the 18 s. piece; and I said I had no less piece of gold than that.

Q. Do you know Fawkner's hand?

Kinton. No.

Alexander Watson < no role > . I live at Mr. Crockatt's in Cloak lane.

Q. Do you know the prisoner?

Kinton. I believe this gentleman (the prisoner) came to our house the latter end of July, asked if I knew one Fawkner of South Carolina : I said I knew one of the name who came from South Carolina , and there was a note which he brought for 30 l. which was accepted, but not paid, and we should be glad to know where to find him; and Mr. Plaistowe said, he had defrauded him and others, at an election at Southampton; and that he had advertised him the 27th of July, with the initial letters of his name, J. K. F.

Q. What July ?

Watson. Last July was 12 months.

Q. What was it that the prisoner said to you then?

Watson. He said Kynaston had defrauded him and several others, in passing away notes.

Q. Did you ever see him since that?

Watson . Never since, till I saw him in court to day; I am not certain whether I did not shew him Mr. Fawkners's acceptance of the bill.

Charles Baccus < no role > . [Attorney] was present when the prisoner was taken in St. James's Park, by the centry , and they carried him into the centry box, and he desired them to be favourable to him, for if they prosecuted him, they would ruin him; he called me in twice. and desired I would speak to the prosecutor, and I told him I would speak to the prosecutor to be favourable to him.

Q. What business is the prisoner?

Baccus. I never knew that he was of any?

Q. Consider the prisoner now stands charged with a crime which affects his life; do not you know that he was a lieutenant in his majesty's service?

Baccus. No, I do not, I have heard that he was.

Q. Now I would ask you what was contained in the warrant, what was the warrant for?

Baccus. I think it was for defrauding Thomas Kinton < no role > and others, under false tokens and pretences.

Acquitted of both indictments.

Pris. Coun. There is a detainer against him for another fact.