425. (L.) John Dailey , otherwise John Peterson, otherwise Walter Gahagan proceedingsdefend , was indicted for forging a certain deed, purporting to be a true power of attorney from John Barnes < no role > , with intention to defraud William Williams proceedingsvictim , and publishing the same, knowing it to be false . February 8 . *

William Williams. I have known the prisoner about three quarters of a year, then he went by the name of John Barnes < no role > , and said himself it was his name: sometime about the beginning of January last, I think it was, he told me he had taken out a letter of administration on the effects of his brother Robert; he applied to me to take this letter of administration out of a person's hands where he said he had left it for 15 s.

Q. Did he say what this Robert Barnes < no role > was?

Williams. He said he was a marine ; he also said he himself wanted to go to sea; and that he was very poor, and wanted money to get some cloaths for that purpose ; and that he'd make me a power of attorney to act in his stead. I took this administration out of the person's hands he mentioned, and paid for it 15 or 16 shillings ; and after that he at different times has had to the amount of forty shillings and upwards ; he made me a letter of attorney, and this is it (holding one in his hand, sign'd John Barnes < no role > .)

Q. Did you see him sign it?

Williams. I did, I saw him write John Barnes < no role > upon it.

Q. Did he seal and deliver it?

Williams. He did, as his act and deed, empowering me to receive his money; he said he was administrator, and I was to be attorney to him.

Q. to Charles Harding < no role > . Look at this power of attorney, do you see any of your hand-writing there?

Harding. ( he looks at it.) This is my writing, that is my name as a subscribing witness.

Q. Did you see this executed ?

Harding. I saw the prisoner execute this, he sign'd and delivered it as his act and deed.

(The power of attorney read in court, in the usual form, empowering William Williams of Broad-street, victualler, true and lawful attorney.

Dated Feb. 8, 1753.

Sign'd John Barnes < no role > .

Sealed and delivered in the presence of

Charles Harding < no role > )

Alexander Sutherland < no role > . I have been acquainted with the prisoner a long time.

Q. What is his name?

Sutherland. His name is John Dailey < no role > ; but I have heard his mess-mates call him John Poor.

Q. Did you ever hear him go by the name of John Barnes < no role > ?

Sutherland. No, never till about a month ago.

George Smithson < no role > . I know the prisoner very well, and have done so for four years.

Q. What is his name?

Smithson. His name is John Dailey as far as ever I could find. I have been often in company with him, and he has gone by a great many names as that of Poor and Mac Daniel < no role > , when he and I were consorts together, he took upon him the name of John Peterson < no role > , and administered for such a man; after that he and the consorts could not agree about it; they said, let us have a larger sum: then one William Lloyd < no role > pull'd out the copy of the ship's books, and said to me, do you go for one brother, and I'll go for the other. Dailey, the prisoner, agreed to it; he never knew the name Barnes till the copy of the ship's books were shewn to him.

Q. How long was that ago?

Smithson. This was about twelve months ago. I had share of the money he took first, and was to have had a share of this.

Q. from the prisoner. Where is Lloyd now?

Smithson. He is off, and we cannot find him.

Q. Did you know a John Barnes < no role > that was brother to Robert Barnes < no role > ?

Smithson. No, my lord, I do not.

Prisoner's Defence.

My real name is John Barnes < no role > ; and have belong'd to several of his majesty's ships in the late war; but having deserted my ship, I changed my name in order to avoid punishment. I am brother to Robert Barnes < no role > .

He produced no evidence to prove it, or to speak to his character.

Guilty , Death .