392. JOHN MOSELEY, otherwise called John Shore proceedingsdefend , (a black) was indicted for that he well knowing that Amos Anderson proceedingsvictim served our Lord the King on board the Loyalist, and that certain wages and pay was due to him for such service on the 30th of December last, feloniously, wilfully, and knowingly, did personate, and falsely assume the name and character of the said Amos Anderson < no role > aforesaid, in order to receive the wages and pay due to him from our Lord the King, against the form of the statute .

A second count for personating on the same day the said Amos Amos Anderson < no role > , supposing he was intitled to certain wages and pay, in order to receive the same.

JAMES SLADE < no role > sworn.

I know no more of the matter than the prisoner acknowledged the whole when he was taken up by Amos Anderson < no role > , the person whom he personated, he confessed in the office that he had received the pay belonging to Amos Anderson < no role > .

Court. Did he do this of his own accord, or did any body intimate to him, that it would be better for him? - Nothing had been said to him in our office, what had been said to him before I cannot say.

Then tell us how the conversation was introduced? - Amos Anderson < no role > applied to us for his wages, and on examining the books, it appeared, as far as we knew, that his wages had been received by him, upon which Anderson afterwards brought the prisoner before the Commissioners and charged him with receiving his pay for the Loyalist, and he acknowledged that he had received so much money in town, and so much money in Portsmouth, he was asked how he came to do it, he said he was put on to do it by a butcher down at Portsmouth, whose name I have forgot.

To do what? - To personate this man, there to receive the pay belonging to Amos Anderson < no role > , which is personating.

Court. There is no such thing as receiving the wages, but by personating and assuming the name? - No, my Lord, only by letter of attorney, but there was nothing of that kind ever produced or spoke of.

Captain WILLIAMS < no role > sworn.

I am Captain of the Loyalist.

Did you know the prisoner? - Perfectly well, he came on board as John Moseley < no role > .

Do you know any man of the name of Amos Anderson < no role > ? - Perfectly well.

Is this the man? - No, he is a Mulatto.

Did Moseley at any time apply to you for a certificate? - He did sometime in November last.

For what purpose? - He came with Amos Anderson < no role > , he called on me and said, that Amos Anderson < no role > was ill in some part of Wapping; I thought it improper to send Amos Anderson < no role > 's certificate by that man, and desired him to let Amos know he must come for it himself, he said he was so exceeding ill that he was not able, but that his landlord, whom he lodged with, by virtue of my certificate, would give him his wages, he shewed me a certificate of Amos Anderson < no role > , who served in the Janus, and as I thought signed by Captain O < no role > 'Hara, who commanded the Janus; I had some thought then by his presenting that certificate that Amos Anderson < no role > was in Wapping, as he had already mentioned it; I gave him a certificate, that which he shewed me, and which I thought to be signed by Captain O < no role > 'Hara induced me to sign it; he called in a few days after, and said that there was an R against Amos Anderson < no role > 's name in the books, and begged I would alter the certificate, I took that certificate and gave him another, recommending Amos Anderson < no role > to the Commissioners of the Navy as a person deserving of clemency, as during his service in the Loyalist, I found him a very good seaman, and a very extraordinary cooper, which was expressed in the certificate; upon which I believe the R was taken off; I perfectly well knew the two men, about three months afterwards Anderson applied to me, I told him I had sent his certificate by Moseley, who informed me he was very ill in Wapping; he said, Sir, I am just come from America, I was sold at Martinico, and I got on Rhode Island, and I came to London in a Rhode Island < no role > ship; by his appearance and dress I thought he told me truth, and I gave him a certificate; on application to the Navy Office, the money had been received and paid; the man called upon me, he recollected the figure of Moseley, and after searching Wapping he found him; he immediately waited upon me, I went with the man, or just after, when I found that was the very person who came to me for a certificate as from Amos Anderson < no role > .

Did Amos Anderson < no role > charge Mosely with any thing in your presence? - He said he had confessed he had received his money; and when I was present in the Poultry Compter, the prisoner said he received the money; I asked him where he got the certificate as from Captain O < no role > 'Hara, he said that Mr. Fleet a butcher at Portsmouth gave him the certificate.

How did he say he received the wages? - He said he received it for Amos Anderson < no role > .

Mr. Sylvester. As his agent, or personating Amos Anderson < no role > .

Court. Did you understand that he received it as an agent for him, or that he personated Amos Anderson < no role > himself? - I understood that he personated Amos Anderson < no role > himself.

How did you understand that? - He went and received the money as for Amos Anderson < no role > , and he had a certificate from me as to Amos Anderson < no role > .

Mr. Baldwin, Council for Prosecution. There are but two ways of receiving the money, one in person and the other by letter of attorney.

WILLIAM WADE < no role > sworn.

He entered the 14th of December 1779, and he run away the 25th of November 1780; the R was taken off by the Commissioners of the Navy; whoever came was Amos Anderson < no role > the party, it was not by letter of attorney; whenever it is paid in person it is marked party, whenever it is received by attorney, it is marked attorney.

CAPT. AARON SHEFFIELD < no role > sworn.

I was captain of the Enterprize; I know Amos Anderson < no role > , we sailed from Rhode Island < no role > the 29th of December, we shipped on board the 6th of December, and sailed from Rhode Island < no role > the 29th of the same month.

PRISONER's DEFENCE.

I did not receive the money; I have nobody to call.

GUILTY Death .

Tried by the second London Jury before Mr. Justice NARES.