97. (L.) John Smithson proceedingsdefend , was indicted for wilfully and feloniously intending unjustly to aggrieve William Sharp proceedingsvictim , William Smith proceedingsvictim , Thomas Ward proceedingsvictim , and Thomas Weymore proceedingsvictim , and to put them to great expence, in swearing against William Sharp for detaining wearing apparel, deeds, and writings , to the value of two thousand pounds; against William Smith for detaining effects to the value of two thousand five hundred pounds and upwards; against Thomas Ward for detaining effects to the value of sixteen hundred pounds and upwards; and against Thomas Weymore for detaining effects to the value of one thousand nine hundred pounds and upwards .

Thomas Davenport < no role > . I am deputy to the Filazer of London and Middlesex.

Q. How long have you been in that office?

Davenport. I have been in it ten years.

Q. In what court?

Davenport. In the court of Common Pleas. (He produces a file of affidavits, and looks at one of them)

Davenport. This is an affidavit made by one John Smithson < no role > .

Q. Where was it made?

Davenport. It was made in Wood-street Compter.

Q. How do you know that?

Davenport. I went there and swore him.

Q. Do you know who that Smithson is ?

Davenport. The prisoner at the bar is the very man.

Q. How do you recollect him?

Davenport. He then made objections to me in the cause, I took particular notice of him and my going there on the occasion.

Q. Are the processes issued out of the office where you are deputy.

Davenport. They are.

Q. Where is your deputation? (He produced it. )

Q. How many deputies are there of you?

Davenport. There are two of us.

Q. Are you certain the prisoner is the man that swore that affidavit before you?

Davenport. I am, he was then in the same cloaths he is now in to the best of my knowledge.

Q. Who came for you to go to him?

Davenport. I don't know the person again; he came and said I must go to Wood street Compter to Mr. Smithson.

Q. Was the affidavit ready drawn?

Davenport. It was, as is usual.

Q. Did you see him sign it?

Davenport. I did, and, to the best of my knowledge, he signed Barrister at the bottom.

Q. Did he read it over before he signed it?

Davenport. He looked upon it, but whether he read it all over I can't say.

Q. Was he sworn upon the new testament?

Davenport. He was.

Q. Did he kiss the book?

Davenport. He did.

The affidavits read to this purport in the Common Pleas.

John Smithson < no role > , Esq; plaintiff, and William Sharp < no role > , William Smith < no role > , John Ward < no role > , and Thomas Weymore < no role > , defendants.

John Smithson < no role > , plaintiff in this cause, late of Westminster, in the country of Middlesex, but now in the prisoner of Wood-Street Compter, maketh oath, that his cause of action against William Sharp < no role > is for detaining and keeping divers deeds and evidences, and sundry wearing apparel, the property of the deponent, to the value of two t housand pounds and upwards.

And he farther says, that his cause of action against William Smith < no role > is for detaining and keeping divers deeds and evidences, the property of this deponent, value two thousand five hundred pounds.

And he farther faith, that his cause of action against John Ward < no role > is for detaining and keeping divers deeds, evidences, and writings, the property of this deponent, value one thousand six hundred pounds and upwards.

And his cause of action against Thomas Weymore is for detaining and keeping divers deeds, evidences, and writings, the property of this deponent, value one thousand nine hundred pounds and upwards.

Q. Is this the usual form of your affidavits ?

Davenport. We have a great many, but this is a frequent method of drawing these affidavits. We have another method that some are drawn in.

Q. How is it worded ?

Davenport. That he is justly indebted such a sum of money for detaining, &c.

Prisoner. I desire the four prosecutors and Jonathan Denne < no role > to be turned out of the court, where other evidences are examined, which was granted.

For his prosecutors. See the prosecutors of William Montgomery < no role > , No. 549, in Mr. alderman Alsop's mayoralty.

For Jonathan Denne < no role > , see his former prosecutor for a forgery. No. 537, in Mr. alderman Cokayne's mayoralty.

William Milton < no role > . I have known the prisoner from about the middle of last October in Wood-street compter. One Matthews, who said he was an acquaintance of his, came and told me one Smithson in Wood Street compter wanted earnestly to speak with me; I heard of his character, and declined going ; after that he sent me a line, and desired me to come to him.

Q. Who was it brought by?

Milton. It was brought by a porter.

Q. Did you go?

Milton. I did, and went down into a cellar there with him, he wanted to be very secret ; he told me about these actions to be brought against these gentlemen, and said his business, with me was to make out a writ against the four defendants, Sharp, Smith, Ward, and Weymore.

Q. Did he tell you their christian names ?

Milton. He did, and I took them down in writing.

Q. What was the action brought for?

Milton. Three of them were for detaining deeds and writings; and Sharp for detaining wearing apparel, deeds, and writings ; this he said was to hold them to bail upon an affidavit. When he had said this, I represented the displeasure he might get from a court, to hold four men for just two thousand pounds each; that he said was to make up eight thousand pounds. I thought that looked monstrovs odd, that there should be just two thousand pounds each in the hands of different men. I told him it would look very odd in the lace of a court; said he, it must be that sum. Soon after he said, let it be separated, one, two thousand five hundred; another, one thousand six hundred; another, nineteen hundred; and another, two thousand; so to make up the sum eight thousand pounds.

Q. Did he stile himself Barrister ?

Milton. He did, and said it was to serve a man who was under misfortunes ; he said farther, that it was to save a man's life, to keep them out of the way that they should not give evidence; then I declined it, and told him it was dirty work, and said, I'll not trouble myself, nor come near you any more.

Q. Did he give you any thing for your trouble?

Milton. He did, and I never saw him afterwards till this time.

Q. Did he mention the man's name whom it was to serve ?

Milton. He did.

Q. Who did he say it was ?

Milton. He said it was Montgomery; Montgomery was with him at the time, he had the money of Montgomery to pay me.

Q. Was there any body else in company at the time ?

Milton. The prisoner and I conversed together, but there were other people in the cellar at the time.

Q. What did he give you?

Milton. He gave me 7 s. 6 d.

Q. from the prisoner. Where did you first see me that time ?

Milton. The prisoner met me in the court-yard.

Q. from the prisoner. Who went down with us?

Milton. There were none went down with us but one Matthews, though there were others in the cellar at the time.

(William Montgomery's indictment was produc'd in court, and the prosecutors names on it were, William Smith < no role > , John Ward < no role > , and Thomas Weymore < no role > .)

Nathaniel Crumpton < no role > . I remember Smithson, (the prisoner) being in the Compter in October last, and we had Montgomery there.

Q. Had they used to converse together?

Crumpton. The used to converse together as the other prisoners did.

Q. Who was Montgomery put in there by?

Crumpton. It was at the instance of Mr. Ward, Mr. Weymore, Mr. Sharp, and Mr. Smith.

Q. Was he committed upon their oatas ?

Crumpton. He was.

Q. Had Smithson a copy of his commitment ?

Crumpton. I believe he had, he came from thence to Newgate a week before the sessions began.

Q. Do you remember Mr. Davenport coming ?

Crumpton. I do, it was on a Saturday, there was a talk of Smithson's entering an action against Mr. Sharp, and I was surprised at it.

Q. How came you to hear of it?

Crumpton. I went in, and the people were talking that Smithson had swore an affidavit of a hundred pounds against him ; when I went, I saw Mr. Davenport and Mr. Smithson come out of a little room together, I heard Smithson ask him, what he was; and he answered, he was a deputy filazer to my lord chief justice Ayre's son; he asked him how much was his due, and I think he said 11 s 11 d. Smithson said 11 s. was due, and turned about to Montgomery and said he must have 11 d. more, upon which Montgomery said, you have had 11 s. of me already, and Smithson told him he must have it. I remember Smithson said to the gentleman, be very cautious how you take more than is your due.

Q. Did you hear what use the affidavit was to be made of?

Crumpton. No, I did not

Peter Darley. I am an officer of the sheriffs-court for Middlesex, and had a warrant to arrest these four defendants the 17th of October last.

Q. For what?

Darley. Against William Smith < no role > for two thousand five hundred pounds and upwards; against John Ward < no role > for sixteen hundred pounds and upwards; against Thomas Weymore < no role > for nineteen hundred pounds; and against William Sharp < no role > for two thousond pounds.

Q. Who had you it of?

Darley. I had it of the prisoner at the bar.

Q. What did he say when he delivered it to you?

Darley. He gave me directions where to go, and in what manner to find them out, so sent a man along with me to show me the men.

Q. Did you execute it against any of them?

Darley. I did against three of them.

Q. Where did you go to receive your directions?

Darley. I was had to Smithson in Wood street Compter by a man that came to me; that same man went with me to Smith, Ward, and Weymore.

Q. How came you not to take Sharp?

Darley. Sharp lived in London; he was to have been decoyed out of London into Middlesex, and so to have been taken.

Q. Did you take him?

Darley. No, we did not.

Q. Did you enquire who was the attorney concerned in it?

Darley. I did, and then I did not like it.

Q. Who was the attorney to the plaintiff ?

Darley. His name is Blackey.

Q. Did you see the writ ?

Darley. No, I did not.

John Blackey < no role > . A person spoke to me about it, and I advised him not to meddle in the affair.

Q. When was this ?

Blackey. This was on the 16th of October; the next morning two gentlemen came to my chamber, one of them told me the nature of the affair, so I discharged the warrant immediately. They had made use of my name without my knowledge.

There were none but the four prosecutors who could prove they had ever had any dealings with the prisoner; that they had not detained, or owed him any things; but their evidences could not be taken, they being inserted in it, so the prisoner was acquitted , but detained to answer to an indictment, for endeavouring to suppress the evidence for the crown in a prosecution of felony.