192. JOHN ASH proceedingsdefend , of the City of London , labourer , was indicted, for that Thomas Eaton of Salisbury Court, in the City of London, silversmith , on the 6th of November, in the twenty-fourth year of his Majesty's reign, was possessed of a certain transferable share, to wit, 750 l. transferrable share of and in a certain capital stock of annuities, established by certain acts of parliament, the proprietors of which said annuities so established as aforesaid then, to wit, of the said 6th of November, had in respect of the said annuities transferrable shares, in proportion to their several annuities to wit, at London aforesaid, and that he, the said Thomas Eaton < no role > , on the said 6th day of November , was the true and real proprietor of the said share of the said annuities, and in respect thereof, then and there, had the said share; and that the said John Ash < no role > well knowing the premises, but wickedly devising and intending, to defraud the Governor and Company of the Bank of England proceedingsvictim , falsely, deceitfully, and feloniously, did personate the said Thomas Eaton proceedingsvictim , the real and true proprietor, and did then and there, falsely, deceitfully, and feloniously, transfer the said stock and share of the said Thomas Eaton < no role > , to one Andrew Woolford < no role > , as if he was the true and real proprietor thereof, against the form of the statute, and against the King's peace .

A Second Count, for that the said Thomas Eaton < no role > , on the said 6th of November, was possessed of, and entitled unto certain shares, to wit 750 l. and that he the said John Ash < no role > , afterwards, falsely, deceitfully, and feloniously, did personate the said Thomas Eaton < no role > , the true and real proprietor, and thereby did there feloniously transfer the said share to one Andrew Woolford < no role > , as if he was the true and lawful owner of the said share, against the statute.

A Third Count, for falsely, deceitfully, and feloniously personating the said Thomas Eaton < no role > , the true and real proprietor of and in certain other annuities, and transferring the said other annuities, to the said Andrew Woolford < no role > .

A Fourth Count, that the said Thomas Eaton < no role > , on the said 4th of November, was possessed as foresaid, and the said John Ash well knowing the premises, afterwards, to wit, on the same day the same place, did personate the said Thomas Eaton < no role > , and then and there feloniously transfer the said 750 l. share of him, the said Thomas Eaton < no role > , as if he had been the true and lawful owner thereof.

Mr. Fielding opened the indictment on the part of the Prosecution: And Mr. Sylvester opened the case as follows.

May it please your Lordship and you gentlemen of the Jury. I am likewise of Council in this prosecution for the Bank of England, who have thought it their duty to bring the prisoner before you, for you to judge whether he is or is not guilty of this charge: This offence is made felony by act of parliament, which enacts

"that if

"any person or persons shall falsely, and

"deceitfully, personate any true and lawful

"proprietors of shares of stocks, or

"annuities or any part thereof, and thereby

"transferring, or endeavouring to

"transfer the said shares of stocks or

"annuities; or receiving, or endeavouring

"to receive the said money, as if they

"were the true and lawful owner or owners,

"all and every such person and persons,

"being thereof lawfully convicted in due

"form of law, shall be adjudged justly of

"death". The crime is to personate a real proprietor of stock, by way of transferring, or endeavouring to transfer it.

It is necessary that the Bank should take up prosecutions of this kind, who are the guardians of our property, and if the facts are proved to your satisfaction, you will then pronounce the prisoner guilty: Those facts I shall shortly mention to you not by way of directing your judgment, but of guiding it towards them.

Mr. Eaton is a silversmith in Salisbury Court, Fleet-street, he was possessed of 750 l. consolidated stock in November last; on the 20th of October, he went to receive his dividend, and while he was in the act of receiving it, he perceived the prisoner close to his elbow, the prisoner was a journeyman Baker , and was at that the paying his adresses to a niece of Mr. Eaton's, seeing the prisoner at his elbow he thought it odd, but he only said, you want to see what I am worth. On the 6th of December following, Mr. Eaton having occasion to sell out part of this seven hundred and fifty pounds, he applied in the usual way to sell out the sum of one hundred pounds, and was surprised to find that he had not a single farthing in that stock in his name: upon which, application was made to the broker who signed the transfer; and he was desired to recollect who it was that to him in the name of Thomas Eaton to transfer the stock; upon which he said that on the 6th of November, a person came into the Rotunda of the Bank, and employed him to sell out such stock, which he did, for five hundred and seventy-two pounds sixteen shillings and three pence, to one Mr. Woolmer; upon being asked whether he should know the man again; he said, yes, perfectly well, and he gave a very accurate description of the person; the money was paid in one note of five hundred pounds, and three other notes; but the material point is the five hundred pounds note: when the description which the broker gave was told to Mr. Eaton, Good God! says he, I know the man perfectly well, why, it is John Ash < no role > ; I remember at the time I was receiving my dividend and signing the receipt, he stood over me, observed me particularly, and my signing my name: the prisoner was immediately taken into custody, his lodging was searched, and there were one note of three hundred pounds, and four of fifty pounds, making exactly the note of five hundred pounds. When the broker saw the prisoner, he immediately recognized his person; and upon application to the landlady where he lodged, she said, that about the 6th of November he came home to her, and desired her to take care of a five hundred pounds bank note, and two ten pounds bank notes, and that she gave to him an accountable receipt for the same; when she mentioned this to her friends, they said it was very imprudent in her, for in case of fire, or in case of thieves, she must make it good: upon which, on the 14th of November, she returned him back the notes, and received back her accountable receipt: on that day that five hundred pounds note was changed at the Bank, and the name in which it was changed was wrote at the back of it, John Salker < no role > of Salisbury-court, and the notes given in exchange for that note in the name of John Salker < no role > , were found in the prisoner's possession; that is a very strong circumstance, because it proves that he was in possession of that note to which he signed a seigned name; but, gentlemen, I am sorry to say, that this case does not want those circumstances, because the fact will be proved to you by the broker, and if he is believed, it wants no other assistance whatever, because to the broker he applies in the name of Eaton, he signs the name of Eaton, and thereby takes upon himself the name and description of the person who is the real proprietor; he receives it in that name and gets possession of it: therefore there cannot be a doubt in the mind of any man that hears me; but this man comes within the description of the act of parliament, in personating a real proprietor; at the same time I do not mean to influence your minds by any thing that I can say, but I only with you to try this case as every other case ought to be tried, upon facts produced in evidence; if those facts are true, it becomes your duty, though a melancholly one it is indeed; to pronounce that verdict: if the facts are not proved, you will then acquit him.

THOMAS EATON < no role > sworn.

Examined by Mr. Fielding.

You are a silversmith in Salisbury-court? - Yes.

You were possessed of a certain quantity of stock? - Yes.

How much? - Seven hundred and fifty pounds; four per cents.

Court. Do you know the name of the stock? - I cannot say I do; it is four per cent. annuities.

Do you know the young man at the bar? - Yes, I know him very well.

Was you at the bank any time in October? - Yes, I cannot tell the day, it was after they began to pay when I went to receive my interest of money, as I was going into the Bank, I saw Mr. Ash and another talking together; they smiled and I smiled; when I went to get my receipt they followed me, when I was waiting for my receipt; though before that the man asked me what is your stock, and I said seven hundered and fifty pounds; he heard me I dare say.

Court. Did you answer so loud as that the prisoner might hear you? - I imagine I may, as I generally speak pretty loud.

Do you belive he did hear you? - I believe he did, and I believe he saw my papers too which I receive from the Clerk, but I cannot be very positive that he heard me; but more than that, I said to him, says I, you may to see what I am worth.

Did any thing more pass between him and you? - After I had got my papers, I then left that young man and him together; when I went away I left that other young man in the Banks, I believe Mr. Ash was gone before me.

Who was that other young man? - I do not know, he was Mr. Ash's acquaintance, he followed me and asked me for any thing I had to do, for a young man an acquaintance of his; I received my money and came away.

BENJAMIN HATWELL < no role > sworn.

Examined by Mr. Sylvester.

What are you? - I am a regular broker of the city of London.

Look at that young man, do you know him? - I know the prisoner.

Where did you see him? - I saw him for the first time on the 6th day of November.

(Looking at a paper.)

Court. What have you got there? - This is my memorandum book!

Made at that day? - In the evening of that day I made an entry of the transaction.

Mr. Sylvester. What passed? - I was applied to by the prisoner to sell seven hundred and fifty pounds, four per cent. annuities, in the name of Thomas Eaton < no role > , of Salisbury-court, Fleet-street; the prisoner being an utter to me, induced me to make an enquiry into what shape he came recommended; after having with some kind of delicacy entered into that business, I was induced, believing myself to be invested with discretionary powers, to sell the stock.

Court. What did he tell you? - He told me there were two gentlemen, whose names he mentioned, that had an apartment at a sadler's in Gray's Inn Lane, near King's Road; I was not personally acquainted with them, but I knew I had heard one of their names; he likewise mentioned another name which I have forgot; he likewise told me that he had received the dividends on the seven hundred and fifty pounds, four per cent. annuities, and that he should, in the course of two or three months, employ me again to buy in to a large amount; I believe he mentioned the sum, but I am not clear in it, therefore I would not wish to venture an assertion upon that head; in consequence of which, Mr. Andrew Woolford < no role > , a jobber in the per cent. annuity market, purchased the stock in the aforesaid name as soon as transfer was made out, I went as usual with the prisoner at the bar to the bank books.

Who witnessed it? - I witnessed it as a broker.

Look at that.

(The transfer shewn him.)

That is my signature.

Did you see the name there

" Thomas Eaton < no role > " wrote? - I did; I told him the particular part where to sign his name.

Did you see him sign it? - I saw him sign it, I was close to the prisoner. (The transfer read, signed Thomas Eaton < no role > ; signed also, Benjamin Hatwell < no role > .) Having transferred the stock, I went into the market and was paid for the stock in bank notes; it so happened that there was a surplus which was returnable to the jobber who purchased the stock, his clerk could not give me the difference out of the bank note, and I adjourned with the prisoner into the hall.

What money did you pay him? - I cannot charge my memory without referring to my memorandum book. (Looks at his book.) The nett money was five hundred and seventy two pounds sixteen shillings and three-pence.

Did the prisoner give a receipt for that money? - Yes, he did.

(Looks at the receipt.)

Is that your name signed to that? - It is; that was the receipt for the money paid him for the stock.

What was he paid in? - In bank notes.

What were the bank notes? - I made no particular minute of the bank notes, it was paid entirely in bank notes, I paid him just the same notes that Mr. Thomas Fielder < no role > paid into my hands.

How many were they? - I cannot charge my memory.

What was the value of them? - I believe there were two or three to the best of my recollection.

Was there any for a large sum? - I believe there was, I am not sure.

The same you received from Fielder you delivered to him? - The very same.

Look at that man, are you sure that is the same man? - I am sure it is the identical man.

Court. Have you any doubt of him? - Not the least.

Court. You consider his life is at stake in what you swear now, therefore be very cautious, look at him again? - I am quite sure as to the prisoner.

THOMAS FIELDER < no role > sworn.

Examined by Mr. Fielding.

You are clerk to Mr. Wilford? - Yes.

Do you remember this transaction between you and Hatwell? - I remember something of it.

How many bank notes did you pay him? - I cannot tell.

Court. Do you know the prisoner? - No.

Mr. Fielding. Do you know that note? I have had it in my possession, I know no more of it.

Can you say whether that was the note you gave to Hatwell or not? - I cannot say.

What do you believe, do you believe that was one of the notes that you gave to Hatwell? - It very probably may, I cannot say.

Court to Prisoner. Would you chuse to ask the broker any questions? - Yes, my Lord.

Court. Put the questions to me, and I will ask them.

Prisoner to Hatwell. Did you ever see me before? - No.

Or since? - Not till you was taken into custody.

Prisoner. My Lord, I should chuse to hear the person that transferred the stock, and then I will ask a few more questions.

MARY ROBERTS < no role > sworn.

Examined by Mr. Sylvester.

Where do you live Madam? - In Salisbury-court.

Do you know that young man? - Yes.

Where did he lodge? - At my house.

Did he at any time deposit any property in your hands? - Yes, he gave me a five hundred pounds bank note.

Any thing else? - No, Sir, I cannot say he did; that was the 6th of November, and about twelve or fourteen days after that he had it of me, and returned it in a two hundred I believe, and some fifties.

What became of those notes that were returned? - On the 26th of November, he asked me for one of the ten pounds notes, and gave him the whole value of them, I returned them back to him, saying I did not cause to take the care of them.

Do you know the notes? - I cannot swear to them.

Court to Prisoner. Would you ask any questions of the last witness? - No, my Lord.

ISAAC FIELD < no role > sworn.

Examined by Mr. Sylvester.

You are an entering clerk of the Bank? - I am.

Look at that note, when was it changed into other notes? - On the 14th of November.

In what name? - In the name of John Salter < no role > , of Salisbury-square.

Look at those notes; what are they? - One of three hundred pounds, and four fifty pounds.

Were they given in exchange for that note of five hundred pounds? - They were.

When a person comes to cancel notes you always make them put their names? - We generally do.

I do not know whether in the hurry of your business you knew the prisoner? - No.

Court. Would you ask any questions of this witness? - No, my Lord.

JOHN ACTON < no role > , Esq; sworn.

I am solicitor to the bank; after the prisoner was apprehended, I found in his coat pocket, in his trunk, at his lodgings, a bank note for three hundred pounds, and four bank notes for fifty pounds each, all dated the 14th of November, made out in the name of John Salter < no role > ; these are the same that Mr. Fielder produced, and there was another note of ten pounds.

Court to Prisoner. Would you ask this witness any questions? - No, my Lord.

Mr. Sylvester to Mr. Eaton. Has this stock been replaced to your account? - It has.

And you have accepted of it? - I have.

JOHN COBB < no role > sworn.

You witnessed that? - Yes.

Prisoner. I wish to ask the broker a few questions; you say, you never saw me before or since, till I was apprehended? - No.

I wish to know if the person that transferred the stock remembers the person he transferred it to?

Court. He has not been examined.

JOHN OSWELL TROTTER < no role > sworn.

Did you witness the transfer? - I did.

Look at the prisoner at the prisoner at the bar? - I do not recollect him as the person that made the transfer, I depended entirely on Mr. Hatwell.

PRISONER's DEFENCE.

I have nothing to say in my defence; I wish to ask Mr. Hatwell another question: Did you say you would do such a thing again any time, as to fell the stock and not know the person you sold it to?

Court. I do not know that is any way material at all.

Hatwell. That I should presume, my Lord, is rather irrelative to the matter in question, but as to that, I made no declaration of that kind.

Court to Prisoner. You see the charge against you, is for personating Mr. Eaton, and selling this stock, and receiving the money, now whether he said he would do it for any other person or not, has nothing to do with the case.

Prisoner. It is very strange that the person who transferred the stock cannot remember me as well as the broker.

Court to Prisoner. Can you give any account how you came by this money that was found in your possession, that will be very material for you.

Prisoner. I had the money of my friends, and a particular person in the town that was left to conduct my cause, has not got my witnesses as he ought; I have witnesses to my character.

JANE DREW < no role > sworn.

I am a nurse in Chelsea college.

Court. What is the prisoner at the bar by trade? - A baker.

Is he a journeyman baker or a master baker? - He served his apprenticeship to a baker; I have not of late known him, but I knew him in the country where he was brought up.

THOMAS POTTER < no role > sworn.

I keep a publick house in White-fryars.

Court. What is the prisoner at the bar? - He is a baker by trade, he was an apprentice when he served me with bread.

Did you ever know him a master baker? - No, I have known him these years.

Has he worked as a journeyman he was out of his apprenticeship? - I do not know that he did, I heard he had some money left him in the country by some friends.

What has been his general character during that time? - He bore an exceeding honest character, he used to transact business for his master with me, his books were always punctual.

WILLIAM ONEY < no role > sworn.

I am a cheesemonger; I have known the prisoner about two years, he was an apprentice to Mr. Furnis, within ten yards of my house; he was a very sober honest man.

Prisoner. Please to ask Mr. Eaton as to my character.

Court to Mr. Eaton. What has been the prisoner's general character? - He was a very good young man, he was very much in my favour, he was very industrious, he attempted to marry a relation of mine, and I said to her, you cannot do better than have him, as you want to have a baker, for he seems a very industrious young man, and not above carrying the basket.

Court to Jury. Gentlemen of the Jury, in the first place there can be little doubt but that the crime has been committed, and that this sum has been transferred by some person personating Mr. Eaton; then it will remain for your consideration only, whether or no there is sufficient evidence to affect the prisoner, and to satisfy you in your minds that he is the person guilty. Mr. Hatwell the broker, swears expressly to him; and it was necessary that he should take particular notice of his person, because he was to witness the transfer himself after it was made, and because in case of a forgery, he was the person to whom the Bank or the party injured were to resort; and you find gentlemen, Mr. Hatwell did not immediately go and make a transfer, but he had a conversation with the prisoner first; he asked him, who recommended him, and did not undertake to make the transfer, till he mentioned the names of one or two persons that he knew: now Harvell has been cautioned over and over again, and he swears expressly and positively that the prisoner at the bar was the man; but added to this you find that a five hundred pounds note a few days afterwards, had been changed at the Bank for a three hundred pounds and four fifty pounds, and that Mary Roberts < no role > the person with whom the prisoner lodged, was the depository of those notes for the prisoner, by his desire; that she afterwards returned those notes to the prisoner, and after he was apprehended, this three hundred pounds note, and these four fifty pounds notes were found in his coat pocket, in his trunk in his lodgings, by Mr. Acton, the solicitor to the Bank; they were in his possession, and they perfectly correspond with those notes changed by Field for that five hundred pounds note; now it would be very material for a person in his way of life, who was an apprentice to a baker, and who never appeared to be a master, to shew how he came by the money: but the prisoner has not shewn us that; the prisoner says, by way of observation and defence; that Trotter, the clerk, who attested the transfer did not recollect him again, and he thinks it very strange that Trotter should not recollect him as well as the broker; but you observe these two men were in very different situations indeed; Hatwell was the person to be responsible, it behoved him therefore to know the person again; whereas it was no business of Trotter's at all, he depended, as he tells you, on Hatwell; and it is not wonderful that a man that does not take notice of another should not recollect him again: upon the whole, therefore, gentlemen, if the case be clearly and satisfactorily made out to your judgment, I am afraid good character cannot avail, because it too frequently happens in this place, that men who commit very bad crimes indeed have had a good character; but if you think the case any way doubtful, if the positive testimony of Hatwell, corroborated by the circumstances of these notes being found in the custody and possession of the prisoner, do not carry sufficient conviction to your minds that the prisoner is guilty of this charge, you will in that case acquit him.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice HEATH.