772. GEORGE GRAHAM proceedingsdefend was indicted for feloniously forging and counterfeiting a certain order for the payment of money, purporting to be an order under the hand and seal of Thomas Miller < no role > , Esq. one of his majesty's justices of the peace, and to bear date the 9th of July, 1778; whereby the said Thomas Miller < no role > , Esq. did order the high constable of Kensington division, or John Benson < no role > , Esq. treasurer of the county of Middlesex, to pay unto the said George Graham < no role > as a reward, the sum of 10 s. within one week after demand thereof made, upon his producing and delivering such order, and giving a receipt for the said sum ; which said false, forged, and counterfeited order for payment of money is as followeth (that is to say);

Middlesex, to wit, No. 67.

To Mr. Calcutt, the high constable of Kensington division, or John Benson < no role > , Esq. treasurer of the county.

T. Miller. (L. S.)

WHEREAS it duely appeareth unto me, Thomas Miller < no role > , Esq. one of his majesty's justices of the peace, in and for the said county, that Joseph and Sophia Adams < no role > , a rogue and vagabond, was wandering and begging in the parish of Fulham in the said county, which said Joseph and Sophia Adams < no role > was this day brought before me, by George Graham < no role > , one of the officers of the said parish, in order to be dealt with according to law. I do hereby order you to pay unto the said George Graham < no role > as a reward, for apprehending and bringing before me the said rogue and vagabond, the sum of ten shillings within one week after demand thereof made, upon his producing and delivering to you this order, and giving unto you a receipt for the said sum. Given under my hand and seal the 9th day of July, in the year of our Lord 1778.

With intention to defraud the said John Benson proceedingsvictim , Esq . against the statute, &c. October 1st .

2d Count. For feloniously uttering and publishing as true, the said order for payment of money, knowing the same to be forged, with the like intention, against the statute.

3d Count. For feloniously forging the said order for payment of money, with intention to defraud Thomas Calcutt < no role > , against the statute, &c.

4th Count. For feloniously uttering and publishing as true, the said order for payment of money, knowing the same to be forged, with the like intention, against the statute, &c.

5th Count. For feloniously forging the said order for the payment of money, with intention to defraud the inhabitants of the county of Middlesex, against the statute, &c.

6th Count. For feloniously uttering and publishing as true, the said order for the payment of money, knowing it to be forged, against the statute.

JOHN BENSON < no role > , Esq. sworn.

I am treasurer of the county of Middlesex .

Do you know the prisoner at the bar? - Yes.

Did he at any time, and when apply to you for any money? - Upon the first of this month he brought me this order, together with several others, for the payment of money as a reward for apprehending of vagrants.

Has that order been in your custody ever since? - I delivered it to the clerk of indictments for the purpose of drawing the indictments, but I put my initials at the back of the seal.

When he delivered it, had you any suspicion that it was not a genuine order? - None. I paid him ten shillings.

What are the names of the persons in that warrant? - Joseph and Sophia Adams < no role > .

I observe that they are two vagrants, yet are treated as one throughout the warrant? - The magistrates vary in their warrants, sometimes there are four in a warrant, forty shillings; sometimes ten shillings a vagrant.

I see it is for apprehending a vagabond? - It is very incorrect.

That incorrectness did not lead you to suspect it? - No.

How came you to suspect afterwards that it was not a true order? - In passing my accounts as treasurer, the magistrates have frequently remarked upon the many sums ordered by this gentleman; I had it mentioned to Mr. Miller by an acquaintance of his that it was thought much of; and that it was thought he had acted very imprudent. He wrote me a letter that he had not signed such an order for two years. I went to Mr. Miller's, and showed him the order and he denied it.

You are positive to the person of the prisoner? - Yes; very positive, because he has been repeatedly with me upon the same occasions.

You take no receipts do you? - Yes, ready wrote to every one.

THOMAS MILLER < no role > , Esq; sworn. (looks at the order.)

Is that T. Miller in the margin your hand writing? - It is not.

Does it bear any resemblance to your hand writing? - A little striking at first; but when I looked over it, I found it was not; but I know I have not signed any for these two years.

You are positive that it is not your hand? - I am. From some hints given me formerly, I have not thought proper to sign any such warrant for these two years back. (The order read.)

"found wandering." The word found was omitted in the indictment in the count for forging.

Court. There is an inaccuracy in this indictment; the prisoner must be acquitted.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.

GEORGE GRAHAM < no role > was indicted for feloniously forging a certain order for payment of money, purporting to be an order under the hand and seal of Thomas Miller < no role > , Esq; one of his majesty's justices of the peace for the county of Middlesex, and to bear date the 15th of July, 1778; whereby the said Thomas Miller < no role > did order the high constable of Kensington division, or John Benson < no role > , Esq, treasurer of the county, to pay unto the said George Graham < no role > , as a reward; the sum of ten shillings, within one week after demand thereof made, upon his producing and delivering such order, and giving a receipt for the said sum ; which said false, forged, and counterfeited order for payment of money is as followeth (that is to say):

Middlesex to wit.

To Mr. Calcutt, the high constable of Kensington division, or John Benson < no role > , Esq; Treasurer of the County.

T. Miller. (L. S.)

WHEREAS it duely appeareth unto me, Thomas Miller < no role > , Esq; one of his majesty's justices of the peace in and for the said county; that Joseph and Mary Langston < no role > , a rogue and vagabond, was found wandering and begging in the parish of Fulham, in the said county; which said Joseph and Mary Langston < no role > was this day brought before me, by George Graham < no role > , one of the officers in the said parish, in order to be dealt withall according to law; I do hereby order you to pay unto the said George Graham < no role > , as a reward for apprehending and bringing before me the said rogue and vagabond, the sum of ten shillingd within one week after demand thereof made, upon his producing and delivering unto you this order, and giving unto y ou a receipt for the said sum. Given under my hand and seal the 22d day of June, in the year of our Lord, 1778.

With intention to defraud the said John Benson < no role > , against the statute, &c.

2d Count. For feloniously uttering and publishing as true the said order for payment of money, knowing it to be forged, with the like intention, against the statute, &c. October 1st

JOHN BENSON < no role > , Esq; sworn.

(produces the order mentioned in the Indictment.)

This was offered me on the 1st of October by the prisoner. I paid it.

If that is not a true order, who is to stand to the loss of it? - I apprehend I must. I cannot charge the county with it; the loss must fall upon me.

You are sure that order was brought you at the same time, and by the prisoner at the bar? - Yes.

Cross Examination.

How long has that been out of your hand? - I went to Mr. Miller last week, it was all the intervening time by myself locked up in my desk.

You are sure it is the same warrant without any alteration whatever? - Yes.

Court. Did you mark that? - I did.

Was there any person by when you marked that order? - No.

THOMAS MILLER < no role > , Esq; sworn.

I think you said before, you had not signed an order of that sort these two years? - Yes.

Then it is hardly necessary to ask you whether that is your hand or not? - I am sure it is not. (It is read.)

The word dealt was spelt dealth in the first count; and T. Miller in the second count was omitted.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.

GEORGE GRAHAM < no role > was indicted for feloniously forging a certain order for payment of money; purporting to be an order under the hand and seal of Thomas Miller < no role > , Esq; one of his majesty's justices of the peace for the County of Middlesex; and to bear date the 22d of July, 1778; whereby the said Thomas Miller < no role > did order the high constable of Kensington Division, or John Benson < no role > , Esq; treasurer of the County, to pay unto she said George Graham < no role > , as a reward; the sum of ten shillings within one week after demand thereof made, upon his producing and delivering such order; and giving a receipt for the said sum ; which said false, forged, and counterfeited order for payment of money is as followeth (that is to say):

Middlesex to wit.

To Mr. Calcutt, the high constable of Kensington Division, or John Benson < no role > , Esq; Treasurer of the County.

T. Miller. (L. S.)

WHEREAS it duely appeareth unto me, Thomas Miller < no role > , Esq; one of his majesty's justices of the peace, in and for the said county; that Maria, and Jane Leaver < no role > , a rogue and vagabond, was found wandering and begging in the parish of Fulham, in the said County; which said Maria and Jane Leaver < no role > was brought before me by George Graham < no role > , one of the officers in the said parish, in order to be dealt withal according to law; I do hereby order you to pay to the said George Graham < no role > , as a reward for apprehending, and bringing before me the said rogue and vagabond, the sum of ten shillings, within one week after demand thereof made, upon his producing and delivering to you this order, and giving unto you a receipt for the said sum. Given under my hand and seal, the 15th day of July, in the year of our Lord, 1778,

With intention to defraud the said John Benson < no role > , against the statute, &c.

2d Count. For feloniously uttering and publishing as true the said order for payment of money, knowing it to be forged, with the like intention against the statute, &c. October 1st.

JOHN BENSON < no role > , Esq. sworn.

(Produces the order mentioned in the indictment.)

That was brought to me; the same day with the other order by the prisoner. I paid him the money. I marked that when I gave it to the clerk of the indictment at Hickes's-hall.

Cross Examination.

That was locked up the same as the other? - It was.

Are you certain to the prisoner? - I know him perfectly well.

JOHN MILLER < no role > , Esq; sworn.

Is that your hand writing? - It is not.

(It was read and exactly corresponded with the setting forth of it in the indictment.)

Cross Examination.

To Mr. Miller. I believe you know the prisoner is an officer of the parish? - He is a beadle of the parish.

For the Prisoner.

To Mr. Miller. What has been this man's character? - He behaved very well; I had a good opinion of him.

PAUL MERCER < no role > , sworn.

I have known the prisoner twelve years; he always behaved as an honest man.

JAMES KEENE < no role > , sworn.

I am an overseer of the parish; the prisoner has a very good character. I have known him between seven and eight years; I have trusted him with money, and always found him very just in his accounts.

STEPHEN BLAND < no role > , sworn.

I have known the prisoner from a child; I have known him attend auctions many times, and been intrusted to receive large sums of money; he is an industrious fellow; and bears a fair character.

WILLIAM JENKINS < no role > , sworn.

I have known the prisoner between six and seven years, he is a very hard working man; I never heard any harm of him; he bears a fair character for whatever I have heard of him.

GEORGE HALL < no role > , sworn.

I have known him 22 or 23 years, I have trusted him with many hundred pounds at different times, he never offered to defraud me, and bears the character of a very honest man.

JOHN GROOME < no role > , sworn.

I have known him seven years; he always bore the best of characters.

JOSEPH RICH < no role > , sworn.

I have known him upwards of ten years; he always bore a very good character.

- BEDHAM, sworn.

I have known the prisoner four years; he is a very honest hard working industrious man.

JOHN BEDHAM < no role > , sworn.

I have known him from a child; I have employed him as a servant, and always found him a very honest fellow.

He bears that character? - Always till this affair happened.

JOHN DAY < no role > sworn.

I have known him fourteen or fifteen years; he has dealt with me for many pounds, and always behaved very honest.

Does he bear the character of an honest man? - I never heard the contrary till this affair.

JOHN LEWES < no role > sworn.

I have known the prisoner from a child; he was always a very honest industrious man.

JOHN GOMM < no role > sworn.

I have known him I believe twenty years; he bears the character of an honest person; I have trusted him with 50 l. at a time in auctions, and always found a true account of all monies he has been entrusted to pay for me.

RICHARD ATWOOD < no role > sworn.

I have known the prisoner between ten and seven years; he has an undeniable character; he is an honest and good officer, and a very good servant. I never heard a word miss of him from any body.

ISAAC HOARE < no role > sworn.

I have known him thirty years. He is a very industrious hard working fellow.

JOHN HUNT < no role > sworn.

I have known him a great many years; he always bore a good character; I never heard to the contrary in my life.

JOSEPH NEWMAN < no role > sworn.

I have known the prisoner a great many years; I always took him to be a very honest industrious man; he always bore that character.

JOHN SHARPE < no role > sworn.

I have known him from his childhood. I never heard any thing dishonest of him in my life; he always bore a fair character.

There were a great number more witnesses ready to be examined as to the prisoner's character.

One of the witnesses. My lord, almost the whole parish would appear for him.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. Justice BLACKSTONE.

[He was humbly recommended by the Jury to his majesty's mercy .]