669. Thomas Yalden proceedingsdefend was indicted for feloniously forging and publishing a deed purporting to be a letter of Attorney, from one Thomas Cousey proceedingsvictim belonging to the Chester man of war , to Patrick Cousins proceedingsvictim with intent to defraud .

Patrick Cousins < no role > . I am clerk to Mr. Drakeford, who is agent for the Chester man of war's prizes; the first time I saw the prisoner was in last January, he made me a power of an attorney, being the agent's clerk, in the name of Thomas Yalden < no role > ; that I paid him, which was last January (I do not indict him for that,) then I did not see him till last Saturday when he was taken making another power of Attorney; what I have to charge him with is about a letter of Attorney in the name of Thomas Cousey < no role > ; it was sent to me to Gosport, and I sent it up in a letter to my correspondent in London, and also wrote if one Thomas Cousey < no role > should come for it to pay him; my correspondent's name is Higenbottom.

James Higenbottom < no role > . On the first of July last I received this Power of an Attorney in a packet from Gosport, and in it a bill to pay 24 l. to Thomas Cousey < no role > , upon giving me a receipt upon the back of it; the prisoner at the bar came next day or thereabouts for the money, telling me he was order'd to come for it from Gosport, saying his name was Cousey; and in order to confirm it, he pull'd a letter out of his pocket, which he receiv'd by the same post from Mr. Cousins, from Gosport, who sent me mine with the Letter of Attorney, &c. I told him I had orders to pay it, saying I had a bill for it to be paid in six days after date, for 24 l. 12 s. He desir'd I would let him have the money, he having none, being obliged to go on trust for every thing he had; I told him I would not till I receiv'd it: then he went out and in two or three minutes he returned again, and desir'd me to let him have a guinea or two. I threw him down three guineas on the counter, he took them up and went his way, and on the Monday following in the afternoon, he came and I paid him the rest of the money; upon which he gave me his receipt; he pretended he could not write, so he made a + which was witnessed by one here on the back of the power of Attorney; I made no doubt but I had paid it to the right person.

James Welister < no role > . Mr. Higenbottom desir'd I would step over the way and witness his paying some money, which I did; the receipt was read; it was to this purport:

Received the 17th of July 49 l. of Mr. Patrick Cousins < no role > , by the hand of James Higenbotton, the sum of 25 l. 19 s. for Prize Money, due to me Thomas Cousey for the St. Domingo ship, taken by his Majesty's ship the Chester.

The mark + of Thomas Cousey < no role > .

I was not there above three minutes, so I cannot say the prisoner is the person; there was 24 l. 12 s. paid to a man who said his name was Thomas Cousey < no role > .

Lawrence Swanson < no role > . The prisoner call'd at my house and desir'd me if any Letter should come to take it in; there came two in the name of Thomas Cousey < no role > .

Acquitted .

He was a second time indicted for counterfeiting a certain deed, purporting to be a Letter of Attorney from John Baldwell proceedingsvictim , belonging to the Chester man of war , unto John Smith proceedingsvictim , with intent to defraud.

James Cadiwould < no role > . On Saturday last, about two o'clock, Thomas Yalden < no role > , the prisoner at the bar, came to my master's office (my master keeps a public office, he transacts by commission, being a receiver of prize-money and wages in the navy) in the name of John Baldwell < no role > , he wanted a Power of an Attorney to be executed in that name, saying he belonged to the Chester man of war, and was at the taking the St. Domingo ship; this he said was to receive 25 l. My master being busy desir'd him to go to a publick house, saying when he was at leisure he would send for him: when my master was at leisure I went for the prisoner, and he came to our office and said his name was John Baldwell < no role > ; saying he was what they call a land-corporal on board; accordingly my master sent me for a Power of Attorney, and fill'd it up, and I saw the prisoner sign the name John Baldwell < no role > , and I and our other clerk witnessed it. My master John Smith < no role > was made attorney, the prisoner said it was to receive 25 l. 19 s. and on sending that down to Gosport he would receive it. Mr. Higenbottom, one of the witnesses to the former indictment, came in at the same time.

Q. Was the seal taken off?

Cadiwould. It was not, my lord, we always go to my lord mayor, to have it re-executed, or in other words, to have it sealed and delivered, which was not done at this time.

Q. Was that his right name he set to it?

Cadiwould. His wife came to our office, after he was in the Compter, and said his name was Thomas Yalden < no role > , and before the sitting alderman he acknowledged the same: Mr. Higenbottom and Mr. Couzens came in; I followed them out, Mr. Higenbottom said, this was the man; he had paid 24 l. 12 s. to in the name of Thomas Cousey < no role > , he was then about going with me to my lord mayor, so he was detected in the office and carried to the Compter.

Q. Who had got the power of attorney when Mr. Higenbottom came in?

Cadiwould. It was then lying on the table.

Jowel Swain. I live with Mr. Smith and saw the prisoner sign John Baldwell < no role > , to a power of an attorney.

Q. Was it filled up before he signed that name?

Swain. It was, my lord, and it was to have been sent down to Gosport to have received the money, by our agent Mr. Cousins, we should have directed it down in a letter.

The jury brought in their Verdict special .