105. WILLIAM GODFREY proceedingsdefend was indicted for that he on the 22d day of October last, did falsely and feloniously make, forge and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in falsely making, forging, and counterfeiting a certain paper writing, purporting to be a promissory note, for the payment of money ; and which said note is in the words and figures following; that is to say,

"No 16 16 0 London, Oct. 19, 1782.

Five weeks after date, I promise to pay to Mr. William Godfrey < no role > , or order, the sum of sixteen pounds sixteen shillings, value received, H. Robbins, Russell Court, Drury Lane;" with intent to defraud the said Henry Robbins proceedingsvictim against the statute.

A second count for uttering the same, with the like intention.

A third count for forging the said note, with intention to defraud James Johnson proceedingsvictim , the younger.

A forth count for uttering the same, with the like intention.

JAMES JOHNSON < no role > the younger sworn.

I live in New-street, Broad-street, Carnaby Market, I am a brewer , I know the prisoner at the bar, on the 21st of October, I heard that a Mr. Powell who kept a publick house in Compton-street, was going to quit it, and that he had let the house to the prisoner at the bar, I solicited him for his custom, and then went away; on the next day, to the best of my recollection, the prisoner came and told me, that as he had taken the publick house, he should of course quit the house he was in and the business, and should sell his stock in trade and goods by auction; and till then, he should be short of money, and he would be obliged to me to give him cash for a promissory note, I told him, that I was not in the practice of discounting notes, it was what I very seldom did for any body; he said he could pay me the discount, I said that was not my object, for that if I did it would be to oblige him; and I should not take any thing for it, he said it was a very good note, and would certainly be paid when it became due; that it was a note of Mr. Henry Robbins < no role > , of Russell-court, Drury-lane; I knew nothing of Robbins at that time: I gave him sixteen guineas for the note, I kept the note some time in my possession, and on the 7th of November, I sent it down with some other money and notes to my bankers, Mr. Drummond's; subsequent to that, and previous to the note becoming due, the prisoner had applied to me for other money, which I lent him on other securities, and in the course of that business he asked me where the note lay, I did not tell him at first, for he said, that Mr. Robbins was a very good man, and generally sent to take up his notes as soon as they became due, if not before, in order to prevent trouble: this conversation was subsequent to my having sent the note to Drummond's, and previous to its becoming due; I told him it was a matter of no consequence where the note lay; but the second time I told him it lay at Drummond's; as the note was out of my hands, I did not take any particular notice when the note was due; but on the evening of the 26th of November the prisoner came to me, and requested me to let him have some more money on another note, he then had been in the publick house, which he had taken some few days, he had then had a good deal of money of me upon some notes, and upon a judgment; I told him, I could not let him have any more, he seemed very desirous and pressed me very much; he had had some beer of me to the amount of five or six pound, he would have paid that out of the note, if I would have given him the difference which I thought rather odd: I saw no more of him till he was taken up: the note is satisfied under the bond and judgment, so that I have no claim on the prisoner, nor on Mr. Robbins.

Court. Explain more particulary how the note is satisfied? - Nothing has been done but what is in the strict line of business; it was a bond for eighty pound, and the judgment was given for double the the penalty of the bond.

In what way did you conceive the note was satisfied? - The bond was given for one hundred and twenty pounds, it was the sum that he first had of me, but it was returned again; the lease was understood to be for fourteen years, when that agreement was made, and it was afterwards understood to be only for seven; there was a differance meant to be made (but only these things came so fast one upon another) declaring, that though the bond was for one hundred and twenty pound, yet there was only eighty pound lent.

Jury. Was that bond given prior to the note? - No, Sir, subsequent, I have not the least resentment or severity against the prisoner, very far from it; I stand here in a very disagreeable situation that my evidence should affect his life.

Court. When was the bond given? - Between the time of discounting the note and its becoming due.

Court. How much money was actually lent on the bond? - Eighty pound, exclusive of this note; there was some other money that was due on other notes, which I shall say nothing of at present; the money that was levied was not sufficient to pay my demands wholly; I let him have twenty pound on another note and twenty-five on another note.

But what sum exclusive of these two notes was advanced on the credit of the bond? - Eighty pound, he had engaged to give one hundred and twenty pound for the lease, and that sum was at first meant to be advanced on the bond; it was actually lent, but it was returned again in a day or two; besides the eighty pounds lent on the bond, there were two notes one for twenty pound, and one for twenty-five pounds and some odd shillings.

Court. Upon failure in payment you took out an execution under this judgement? Yes.

What was levied under that execution? I do not exactly recollect the sum, my Lord, I was not prepared for that information, it will not be sufficent to pay every thing.

Will it cover the whole sum of one hundred and twenty pound? - Not with the expence and every thing.

Was it above one hundred pound? - Yes, my Lord.

The other two notes were not paid then? No, my Lord.

What became of the sixteen guinea note afterwards? - It was returned to me upon the day after it was due, the 27th of November by some of Mr. Drummond's people, then I went with the note to Mr. Robbins and it was not paid.

Council for the Prosecution. What did Mr. Robbins say.

Court. We cannot take what he said; all that we can take is the fact of Mr. Robbins refusing to pay this note.

(The note produced and read as in the indictment and indorsed

" William Godfrey < no role > ")

Prisoner's Council. I think you say that you received a bond and a power of attorney to confess a judgment from the prisoner a week or ten days before this note became due? - Yes.

That bond was for one hundred and twenty pound, and the warrant of attorney for double that sum? - Yes.

I think you said that all the money that the prisoner received from you before that time was eighty pound and sixteen guineas? He had received one hundred and twenty pound when the bond and judgment were given which was returned, and eighty pound afterwards advanced, so that at the time he had given me the judgment he had received one hundred and twenty pound and sixteen guineas; so that the sixteen guineas never were meant to be included in the one hundred and twenty pound.

Had not you a transaction with the prisoner about the purchase of this lease? - He deposited the lease in my hands as a security.

Did not you actually agree for the purchase of it? - No.

The lease was deposited in your hands as a security? - There was no regular assignment of the lease, there was an agreement.

But you thought of the value of it, and the value of it was considered between you and the prisoner? - Yes, or else I should not have lent my money to a stranger.

What was the value? - He was to give eighty pound for it.

Do you mean, Sir, considering it as a lease for seven or fourteen years, to be of the value of eighty pound? - For seven years.

Is it not a lease for fourteen years, at the determination of the tenant, not of the landlord, but of the tenant? - Both I believe; it is certainly determinable at the option of the lessor, I am sure of it, because application was made to the landlord to continue it for the whole term, and if he would give his word, that the lease should stand the whole term, Godfrey would give the one hundred and twenty pound.

What does your whole demand on the prisoner amount to? - The amount is not entirely finished.

Of what you have actually advanced? - I do not exactly know; I have no with to keep this business any secret; so far from it, that I gave the prisoner's wife an account some time back.

Court. As you put it in such a way that you were satisfied for this note; I thought it my duty to enquire how you were satisfied, - I was satisfied in that way, under that judgment.

Court. Can you recollect the whole of the sums advanced on all the securities together, to this man? - There was the 16 guineas, the 80 l. and the 20 l. the 25 l.

Was there any part received from the prisoner, except what was levied under the execution? - No, I never received a halfpenny from him in my life.

Is the lease in your possession now? - Yes.

Who is in possession of the house? - One Blazon.

Then you now hold the lease of the house? - Yes.

Besides what was levied under the execution? - Yes, the lease was sold under a bill of sale by the sheriff.

What, under your execution? - Yes.

Prisoner's Council. What was the lease sold for under the execution? - Sixty pounds.

And purchased by you? - No.

Purchased for you? - I have it now.

What did the goods appraised come to?

Perhaps Mr. Godfrey has the account, I gave it him

He has an account; it is very odd you cannot recollect these sums? - It is not odd at all, I was not prepared.

Was the goods appraised at 57 l. 10 s.? - No, I believe not.

What other sum was it? - Forty-nine pounds, as I heard; the goods were appraised to Godfrey at 57 l. 10 s.

Court. Were the goods bought in for you? - They were bought in by a friend of mine.

For your use? - Yes.

Prisoner's Council. The licence, what did that cost? - I do not know.

You have it now, or your representative? - When I sent to Godfrey for the licence, I sent two guineas to him, codering his situation.

Court to Prisoner's Council. We had better proceed to see whether there is any evidence respecting this note; you shall have the liberty of calling this witness again.

JAMES JOHNSON < no role > the elder Sworn.

You are a manager for Mr. Johnson? - I am, sir.

Did you ever see that note? - I did.

How did you see it? - By taking it from Mr. Johnson with cash, and leaving it with Drummond's clerk; I do not know which clerk; but it is the same note.

Prisoner's Council. How do you remember this to be the same note? - By reading of the note.

Reading of it! why, do you remember all this note contains? - No, but I know it by the writing; I received it from my nephew, and carried it to the banker's within an hour.

Where was it you read the note? - At home, as I put it in my purse.

Court. You know by seeing that note, that it is the same note you carried? - Yes.

- COCKILL sworn.

I am clerk to Mr. Drummond. (The note shewn to him.) I did not receive that note, but it appears to have been in my possession: On the 26th of November, a little after nine in the morning, the prisoner came to Mr. Drummond's, and enquired of me, if there was such a note of Henry Robbins < no role > , of Russell-court, Drury-lane; I told him there was, and asked him if he was come to pay it; and he desired it might not be presented; he was going into the city to receive some money, and should call and take it up; he did not call that day, he called the next morning, a little after nine, to know if we had the note, I told him we had, but if it was not paid early that morning, we should return it; he said, you may depend upon it, I shall come, but he did not; and we returned it that day to Mr. Johnson; he called again the next morning after the note was returned, and he asked if we had sent the note, I told him, I believed we had; but on looking at the book, I told him, I believed it was not sent back, but I would enquire on the return of the clerk; I looked into the book where the bills were entered, and it appeared to me, not to be returned; but on the clerk coming in, who had the care of the bills, I found it was: the prisoner went away directly, but she never came again.

Court. Did the prisoner offer to pay it if it had not been returned? - No, he did not, he said, he should call and pay it:

Henry Robbins < no role > was called, and produced a release from James Johnson < no role > the younger.

Prisoner's Council. My lord, if Mr. Johnson is fully satisfied; I should apprehend this release is of no use, as in that case, he could have no demand on the prisoner.

The court were of opinion, that Henry Robbins < no role > could not be a witness, under Mr. Johnson's release.

JOHN ROBBINS < no role > , junior sworn.

What age are you? - Seventeen.

You are a relation of the last witness? - Yes.

Do you see his name on that paper? - Yes.

Do you think it is his hand writing? - No, sir.

You think it is not? - I know it is not.

You have seen him write? - Yes.

Are you sure that it is not his hand writing? - Yes.

You live in the house with Henry Robbins? - Yes.

Prisoner's Council. What relation are you to Henry Robbins < no role > ? - His brother.

I suppose your brother, like other people, sometimes writes diversley? - He always writes his name in the same manner.

Court. Had your brother and the prisoner any dealings? - Yes.

Had your brother been used to give notes payable to the prisoner? - Yes, I have heard him say, he would as soon have notes, as ready money.

Then your brother used to lend him his notes, to raise money on? - No, sir, he received value of him for them: Godfrey is a cabinet-maker by trade; he worked for my brother; and my brother has paid him, sometimes in notes, and sometimes in money.

Are you sure that is not your brother's hand writing? - Yes, I am sure.

There was a great deal of dealing between your brother and the prisoner? - Yes.

Had your brother notes of Godfrey, likewise? - Not that I know of, he has had receipts.

Do you know of any authority given by your brother to Godfrey, to make use of his name? - Not that I know of.

Do you know of any money being received by your brother, for leave to make use of his name? - No.

What were the amount of the notes usually given to Godfrey? - They were various.

THOMAS EYRE < no role > sworn.

I live in Oxford-street; I know Henry Robbins < no role > ; I have seen him write; (looks at the note.) This is no ways like Henry Robbins < no role > 's hand writing.

- MACMANUS sworn.

I apprehended the prisoner: there was no particular conversation.

Court to Mr. Johnson junior. I wish now to enquire more particularly, with suspect to the securities you have in your hands, at the time this note became due: you had a bond for 120 l. the penalty of which, was double the fund; and the lease deposited as a collateral security; and you had, besides the other notes for which you had advanced cash, one for 20 l, and the other for 25 l. are those notes still unsatisfied? - Yes.

Then, under the execution, you say the goods sold for 49 l. and the lease was bought in at 60 l. that makes 109 l. the lease was valued at 80 l. that makes 129 l. and the goods at 49 l. were brought in for your use. - There was another judgement entered up at the same time that mine was, and part of the money levied, went to Mr. Gillies; he had taken a judgment prior to mine.

What was the amount of that? - Eleven or twelve pounds.

Prisoner's Council. You have stated the goods to be 49 l. and the lease 60 l. what did the gage bill amount to? - The money that I actually received, at the time the present tenant went into the house, was, 99 l.

I want to know what you received under the execution? - I received nothing, but what I received under the execution.

Court to Jury. It turns out, that these several sums nearly cover Mr. Johnson's demand, that may be taken to be the fact; the operation of it is a subsequent one; it happens, that eventually the securities have turned out sufficient to satisfy Mr. Johnson's demand, whether they would have done so or not, is another question.

Court to Prisoner. Do you wish to say any thing.

Prisoner. I have nothing to say at present my Lord.

(The prisoner called four witnesses who gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.