783. JAMES LISLE , otherwise WILLIAM JOHNSON proceedingsdefend , was indicted, for that he, well knowing that one Edward Stokes proceedingsvictim had lately served our Lord the King, on board the Lively sloop, and that certain prize money was due to him, on the 5th day of March , feloniously, willingly, and knowingly, did personate and falsly assume the name and character of the said Edward Stokes < no role > , in order to receive the said prize money then due, against the form of the statute .

THOMAS SLOP < no role > sworn.

I am an agent for prize money for the Lively; on the 5th of March, the prisoner at the bar came to me in the name of Edward Stokes < no role > , carpenter's mate, on board the Lively.

Did he say that was his name? - He did, he said his name was Edward Stokes < no role > , he came for his prize money, in the St. Helena ship, taken by his Majesty's ship the Lively, I asked him for a certificate from one of the officers belonging to the Lively sloop of war, and he produced me one from Mr. Noble, the Gunner of the Lively sloop of war; in consequence of that certificate, I paid him the sum of 14 l. 2 s. some time after that, another person applied in the same name, that was about the 9th or 10th of April, but I do not recollect the particular day; I was much surprised, I told him I had paid the money before, and shewed him the receipt; I then went to Mr. Noble < no role > the Gunner, that gave the certificate originally, which was in consequence of a letter; which letter I have -

Court. That letter you cannot produce? - I know nothing further of my own knowledge.

Prisoner. I know nothing about it.

Court. You are sure he said his name was Edward Stokes < no role > ? - Yes, my Lord, and he signed a receipt in that name.

Was Edward Stokes intitled to any money on board that ship? - Yes, I have the prize list here.

Was there more than one of that description, on board the Lively? - No more.

EDWARD STOKES < no role > sworn.

I am a Shipwright , I served on board the Lively sloop of war, as carpenter's mate.

Was there any body else of that name on board that ship? - No.

What prize money were you intitled to? - I do not know rightly, I was on board her when she took the St. Helena, I was intitled to my share of the prize money.

Do you know the prisoner? - Yes, Sir, his name is James Lisle < no role > , he was pressed in a place called Foy, in Cornwall, and was drafted from our ship the Lively, on board another ship in Plymouth.

Was he intitled to any share of the prize money? - No, Sir.

What was he on board? - A foremast man.

(The receipt shown him.)

Is that your hand writing? - Yes, that lower part is, the name Edward Stokes < no role > is.

When did you write it? - I cannot say.

Who did you give it to? - I believe Mr. Slop: I cannot say whether it is my hand writing or no.

Court. Then why do not you look at it? (looks at it again) - No, Sir, that is not my hand writing.

Then why did you tell me first that it was? did you receive any prize money from Mr. Slop? - No, Sir.

Did you never send the prisoner to receive any for you? - No, Sir.

You never authorized him? - No, Sir, I am quite certain of that.

Where was you on the 5th of March last? - I was at sea, we came home to Plymouth the latter end of April; we were paid off in March.

When did you arrive in England? - I cannot say.

Was it in March or April? - I take it, it was the first part of March.

Then you were in England at this time, on the 5th of March, recollect yourself? - We were home sometime in March, I cannot be sure whether it was the latter end or not.

Are you quite positive, that you never gave this man any authority to receive any money for you? - I am very positive sure I never did.

JAMES PULLEN < no role > sworn.

I am a seaman, I know no more than being acquainted with the prisoner as a shipmate; I know Edward Stokes < no role > , that is the real Edward Stokes < no role > that was speaking just now.

What is the prisoner's name? - James Lisle < no role > .

Prisoner. Where did I sail along with you? - I do not say you did.

Court to Slop. This prize money appears upon the prize list to have been due to Edward Stokes < no role > , before this man applied for the payment? - Yes, my Lord, it was advertized the 15th of December, and every month following.

In consequence of that, Stokes would have been now intitled to receive it? - Yes.

Court. Then Stokes is not a witness.

Court to Pullen. You know the real Edward Stokes < no role > ? - Yes, he is the real Edward Stokes < no role > , the prisoner's name is James Lisle < no role > , I took the prisoner upon the Tower Hamlets, I was desired to take him the first place that I saw him, by the real Edward Stokes < no role > .

How did you know who the man was, that received the money? - Because I had seen him before, along with the rest of the ship's company, Stokes told me he had received it; the prisoner asked me what was the matter, I told him nothing, but Mr. Slop would tell him; he said, he did not know what it was about, says he, what has Mr. Slop got to do to me; says I, I do not know, Jemmy, says I, he will tell you; so I took him to Mr. Slop, and he was not at home, then I got a constable and took him to the compter.

Did he say any thing, whether he had done this or not? - No.

SARAH PEIRCY < no role > sworn.

I know no further than the prisoner gave me that direction, which I gave to Mr. Slop, where to find him out.

When did he give you that direction? - I do not know what month that was, it was the beginning of summer, it was James Lisle < no role > that gave it to me, I am positive it is the prisoner: (Read)

"Mr. Green, living in St. John's-street, in the Strand, signed William Johnstone," he came to see my husband, belonging to the same ship, and he came down to see us, and then he asked us to come and see him, and he gave us that direction.

Court. That is nothing.

Court to Mr. Slop. What time of the day did he apply to you? - Between three and four in the afternoon, I was just going to dinner, I had no loose four-penny stamps, and I sent him for a shilling's worth of them, so I recollected his face perfectly well; and when he was first brought to my Lord Mayor, I looked among the croud to see if I recollected him, and I am quite sure, I am quite positive, I have no doubt of him, as sure as I can be of any man.

How long might he be with you? - He was with me about five minutes, I told him it was an uncommon time, but I did not like to send him away.

MATHEW NOBLE < no role > sworn.

I am a Gunner; the prisoner applied to me for a certificate for Edward Stokes < no role > being sick in Wapping at his lodgings, here is the letter; he wrote to me, and applied to me in a very doleful manner; I know the prisoner well, he was a shipmate of mine, he brought this letter to me, and I gave him the certificate to give it to Edward Stokes, I am very clear the prisoner is the man that applied to me.

PRISONER's DEFENCE.

In 1774, my Lord Dunmore marched from Virginia, against different nations of Indians, on the other side of the Ohio river, I entered into his service; when I came back to Virginia, my Lord Dunmore said, the government at Williamsburgh was beset, I entered a volunteer in the Roebuck; I was taken prisoner twice, and remained a long time in prison; afterwards I came to Falmouth, then I was pressed and was put on board the Lively, then I was drafted on the Marlborough, I was in the engagement with Count de'Grasse; I came home to England sometime about Christmas, and I entered on board the Swift, which was brought to the Cape of Good Hope, to look after the ladies and gentlemen that were cast away in the Grosvenor, East-Indiaman; I was taken sick and lodged in Plymouth Hospital, and remained there a long while after this money was received; I did not come from the Hospital till after the 5th of March.

Court. Have you any body to prove that? - I have been these seventeen years at sea, I wrote to Lieutenant Loveday < no role > when I was taken in custody, and he promised me to come.

Court to Noble. When was it that the prisoner applied to you for the certificate? - On the 5th of March.

Prisoner. I was in Plymouth hospital then.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.