42. (M.) William Thornhill proceedingsdefend was indicted for forging a bill of exchange, purporting to be signed by John Johnson < no role > , captain of the 24th regiment of foot; directed to Mr. Matthias, for the payment of 20 l. and publishing the same with intent to defraud Mr. Matthias proceedingsvictim , and also with intent to defraud George Coote proceedingsvictim , Esq ; May 19 . *

Joseph Cox < no role > . I am servant to Mr. Coleman, a breeches-maker at Charing-cross; the prisoner at the bar came to my master's house last Whitsun Monday; he produced a note, and desired me to carry it to Mr. Matthias.

Q. What did he say you was to do with it?

Cox. He did not say what.

Q. Did he say you was to receive any money?

Cox. No, he did not; I asked him if I must leave it with him or his clerk; he said if my master was here, I should know what to do in a minute; I carried it to Mr. Matthias, and told him I received it of a person whom I knew; Mr. Matthias bid me call again, I left it; when I came back to my master the prisoner was gone, this was about twelve o'clock; the prisoner called about four, and asked what Mr. Matthias said; I told him Mr. Matthias said, what I carried was not good, he did not know the person's handwriting; the prisoner desired me to be sure to go again for the bill, I thought to see my master first; when my master came home I told him, he advised me not to trouble myself about it.

Q. Should you know the note again?

Cox. I cannot be positive, I know there was something of 20 l. upon it.

Thomas Coleman < no role > . I am master to Joseph Cox < no role > , I received a note from Mr. Thornhill about Whitsun holidays.

Mr. Lane. I saw the prisoner write a note of hand once.

Court. Look upon this note. (he takes it in his hand.)

Lane. The whole of this is the prisoner's handwriting; here is my mark upon it, I saw the prisoner write the note.

Court. Look at this bill (the bill in question.)

Lane. (He takes it in his hand, and compares them together;) the words sterling are remarkably alike; to be sure, the writing is very much alike; I firmly believe this bill to be his hand-writing.

Mr. Merrick. I know Capt. Johnson of the 24th regiment, I have been many years acquainted with him, I have seen him write.

Court. Look upon this bill (he takes it in his hand.)

Merrick. I think this is not the hand-writing of Capt. Johnson.

Q. Where was Capt. Johnson last April?

Merrick. He was in Gibraltar, but he is now in court.

David Roberts < no role > . I think Capt. Johnson was in Gibraltar last April, I know the regiment was there then.

Q. Are you acquainted with his hand-writing?

Roberts. I am.

Court. Look at this bill (he takes it in his hand.)

Roberts. This is nothing at all like his handwriting.

Mr. Matthias. I remember Joseph Cox < no role > coming to my house with a bill on Whitsun Monday the 19th of May; this is it, (holding it in his hand) he brought it to me for acceptance; I was not satisfied with the hand-writing, I told him I would keep the bill for his and my safety, for it was not Capt. Johnson's hand-writing.

Q. Did he bring it for acceptance?

Matthias. I think he mentioned the word acceptance to me.

Q. to Cox. Do you recollect that?

Cox. I carried the same message to Mr. Matthias that Mr. Thornhill ordered me, but I cannot recollect it now.

Q. to Coleman. Have you seen the prisoner write?

Coleman. I have once.

Court. Look at this note ( he takes it in his hand.)

Coleman. This note I did not receive of Mr. Thornhill, I received it of his servant named Hagathey.

Hagathey. I delivered that to Mr. Coleman.

It is read in court, to this purport.

"Mr. Coleman,

"I hope you will be good enough to enquire

"about the bill I gave your servant, to take to

"a gentleman to have passed for 20 l. which if he

"does not pay, get the bill again; you need

"not make use of the gentleman's name of

"whom you got it, as I do it to oblige a gentleman;

"if you get the money, keep it till I

"return, which is all you have to do from Mr.

"Coleman's humble servant,

W. T."

The bill read to this purport.

"Gibraltar, April 12, 1766.

"Sir,

"Ten days after date, please to pay George

"Coote, Esq; or his order, the sum of 20 l. sterling,

"for value received; which you will place

"to account of Sir,

"Your most humble servant,

" John Johnson < no role > ,

"Captain of the 24th regiment of foot."

"Directed to Mr. Matthias, Scotland-yard,

"London.

Q. to Hagathey. Was you servant to the prisoner?

Hagathey. I was.

Q. Was he a public man?

Hagathey. He went out publicly, at Vaux-hall, and other places; he went to all public places; he was at that time a half-pay officer, as far as I could understand.

Q. Did you ever deny your master's lodgings?

Hagathey. I have to some people, which came after him sometimes with bills for money, and I could not be sure of his lodgings; I was a weekly servant, and never lay in his lodgings; I knew where he was in the day-time, but I did not know where he lay at night times; sometimes he kept company, and was out at horse-races and places with gentlemen.

Q. Has he ever desired you to deny his lodgings?

Hagathey. No, only to certain people.

Q. Did he never bid you to deny him to Mr. Merrick?

Hagathey. No, I gave Mr. Merrick < no role > a direction where I thought my master was, in Church-street, St. Anne's. I did not know Mr. Merrick's name then.

Q. Did you understand his business?

Hagathey. No, I did not.

Prisoner's defence.

I have done all in my power to get my witnesses to shew my innocency, but could not be able to procure them; I advertised them here and in Ireland, but to no purpose, so I leave it to the honourable court.

To his character.

Andrew Lee < no role > . The prisoner lodged with me six weeks from the 21st of March, he behaved well to me as far as ever I saw, in every respect; I had no reason to think him dishonest; he passed for a lieutenant in the army.

Guilty . Death .

There were two other indictments against him of the same nature.