776. WILLIAM ELLOR proceedingsdefend was indicted for that he, intending to defraud Anthony Songer proceedingsvictim and Bartholomew Songer proceedingsvictim , unlawfully and wilfully did produce a paper, purporting to be a paper signed by Elizabeth Wery < no role > , wife of Francis Wery < no role > , directed to Messrs. Songer, desiring them to send by the bearer ten pounds, which said paper was in the words and figures following, that is to say: " Please to send ten pounds by bearer, as I " am so ill I cannot wait upon you. Elizabeth " Wery." And that he the said William, with intent to defraud the said Anthony and Bartholomew, did falsly pretend to the said Anthony, that he was sent with the said paper, written by the said Elizabeth, whereas in truth and in fact he was not so sent .

A Second and Third Count, charging this offence in a different manner. (See No. V. Part IX. Page 833.)

- SONGER, Esq; sworn.

Captain Wery < no role > when he went to India desired me to pay any money to his wife she might want for house-keeping, and on the 22d of April the prisoner brought me this letter, I knew she was ill, and had before enquired of her if the boy belonged to her, she told me yes, because he used to bring flowers and fruit the year before.

Did you see that receipt put to the letter? - No, I gave directions to one of my clerks to write a draft and receipt for the money.

GEORGE GIFFORD < no role > sworn.

I am clerk to Mr. Songer, I filled up the draft, and took the receipt, it is my hand writing, I saw the prisoner put his mark to it.

Court. Was the receipt read to him when the mark was put to it? - I did not read it, I told him I would write a receipt for ten pounds, and he should put his mark to it; the draft to the banker was given to this young gentleman, who went with him to receive the money.

ALEXANDER ALLOT < no role > sworn.

I went with this draft to the Bankers, Mess. Martin, Stone, and Co. I received the money myself, and I gave it to the boy that was waiting, I gave him ten pounds.

ELIZABETH WERY < no role > sworn.

I am wife of Captain Francis Wery < no role > .

Is that your hand writing? - No, Sir, nor by my order.

Was the prisoner a servant of your's at that time? - No, Sir, nor for six weeks or two months before.

Did you send him? - No, I never saw him after he left my house.

(The letter read.)

PRISONER's DEFENCE.

I cannot write nor read, I had these notes delivered to me, a man gave them to me, I did not know the consequence of them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.