659. BENJAMIN FONSECA proceedingsdefend was indicted for that he, on the 22d of May , thirty-two pieces of false and counterfeit copper money, to the likeness and similitude of a halfpenny, the same not being then melted down or cut in pieces, unlawfully and feloniously did sell and put off to one Hannah Moses proceedingsvictim , at a lower rate and value, than the same did by their denomination import, that is to say, thirty-two half-pence for one shilling , against the statute.

A second count, that he on the same day thirty-two pieces of false and counterfeited copper money made and counterfeited, the likeness and similitude of an halfpenny, unlawfully and feloniously did sell, pay, and put off to one Hannah Moses < no role > , at the rate of thirty-two halfpence for one shilling, against the statute.

(The case opened by Mr. Silvester.)

(The witnesses examined apart, at the request of Mr. Garrow, prisoner's counsel.)

HANNAH MOSES < no role > sworn.

I live in Petticoat-lane; I know the prisoner; he lives in Gravel-lane; on the the 22d of May I dealt with him for half-pence, sixteen pence for a shilling; I asked for a shilling's worth of halfpence, he asked me how many I wanted, I said sixteen pence for a shilling; accordingly I gave him a shilling, and he gave me these halfpence.

Who went with you? - Lewis Abrahams < no role > ; when I found him at home, I asked the prisoner for some halfpence; so he say to me do you want any halfpence, I say yes, he went to the brown bag and gave me sixteen pence for a shilling.

Mr. Garrow, prisoner's counsel. Now, Mrs. Moses what do you call yourself? - Moses.

What is your husband's name? - Benjamin; I go by my father's name.

Is not Mr. Bacherah your husband? - No.

Does not Mr. Isaac Bacherah < no role > pass for your husband? - That is my son-in-law.

Does not Mr. Levy Abrahams < no role > , otherwise called Mr. Levy Bacherah < no role > , pass for your husband? - Who is that?

Why your husband. - It is not so.

You was to have sixteen pence for a shilling? - Yes.

That was what you bargained for? - Yes, it is not the first time I have dealt with him.

That is the common price? - I do not know the common price.

Is not eighteen pence the common price? - Sixteen pence I had for a shilling.

Is not the common price eighteen pence, is not that the constant and universal dealing, did not you believe you had eighteen penny-worth of halfpence? - No, Sir, never.

Did not you contract for eighteen penny-worth? - No, Sir, never.

Have you never said you was to have eighteen pennyworth? - No, Sir, ne ver in my life; I always dealt for sixteen pennyworth.

You remember Mrs. Cole being tried? - Yes, there was a mistake in the farthings.

Have not you since the last session mended your story, and have not you now adopted sixteen pence, have not you said, that what you was to receive for your shilling, was eighteen pence, but that in truth he had only counted you out sixteen pence? - No, Sir, never.

Was not you to have eighteen pennyworth for your money? - No, Sir, never.

You live with Mr. Bacherah? - No, I have not said so; I have known Mr. Fonseca for thirty-three years; I knew him to be a man who had left Holland for clipping money.

Now, I will tell you before hand, what answer you are going to give me, have you never made any offer, that if Mr. Fonseca would give you ten pounds you would go to Holland; now you will say no? - Never in my life.

The Remainder of this Trial in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH SESSION in the Mayoralty of The Right Hon. THOMAS WRIGHT < no role > , LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART IX.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Benjamin Fonseca < no role > .

Nor any thing like it? - No, Sir, I do this for the good of the country.

What country woman are you? - Amsterdam.

So you came from Amsterdam to buy farthings in order to prosecute for the good of this country; do you know Sarah Harris < no role > ? - If I see her, I may know her.

Do you know Judah Cowen < no role > ? - If I see him may be I may.

Have you never in the hearing of Sarah Harris < no role > or Judah Cowen < no role > said, that if Fonseca would give you a sum of money you would go to Holland till the trial was over, and if he did not come down handsome you would hang him if you could? - I cannot hang any body.

(The question repeated.) - Never in my life.

Was any body else present when you bargained for sixteen pence? - Nobody but Lewis Abrahams < no role > .

You do not remember Lewis Abrahams < no role > being tried here? - No, Sir.

Let us know all his names, what was it he that gave you those two black eyes? - No, Sir, I cannot remember, I ever had black or blue eyes.

Are these halfpence exactly the same you received? - Yes, they have been in custody; I was examined before Sir William Plomer < no role > , the 24th of May.

Was that before Mrs. Cole was tried? Yes.

Let me give you one caution; do you know what thing a pillory is? - I have seen such a thing.

I am glad of it; it was made for you to look at and such sort of people; upon your oath, woman, did not you tell Sir William Plomer < no role > , that he sold you eighteen pence in halfpence for a shilling? - No, Sir, never.

Did you never, in the hearing of Sarah Harris < no role > , and Judah Cowen < no role > or Mary Cole < no role > , say, that if Fonseca would give you money you would stay out of the way? - No, Sir.

LEWIS ABRAHAMS < no role > sworn.

I went with this woman to Fonseca, she asked him for a shilling's-worth of half-pence.

What did he give her? - Sixteen pence, on the 22d of May, on the Monday.

Mr. Garrow. Have you ever bought any halfpence? - Yes, the next day.

How much do you usually get for a shilling? - Sixteen pence, I got of him.

That is no answer, is that the usual price, sixteen pence for a shilling; is not the usual price eighteen pence? - No, Sir, that is the farthings.

What do you call yourself, Bacherah? - No, Sir, my name is Abrahams.

You came for the good of the nation, I suppose? - Yes, Sir.

Honest Mr. Bacherah, all for the good of poor Old England! now, Mr. Bacherah, otherwise Mr. Abrahams, otherwise Mr. Levy, which of the names was it you was tried by here? - I do not chuse to answer that without my Lord chuses.

Well my purpose is answered; what was you tried for?

Court. You cannot ask it.

JOHN CLARKE < no role > sworn.

I am one of the City Marshal's men; I went to Fonseca's house with Mr. Miller and found a large quantity of of halfpence; I cannot say the day; I saw Mr. Fonseca at first entrance, in a little part of the house, then, in another part I found Mrs. Cole; he absconded immediately; I found a large quantity of halfpence, they are here; Mary Cole < no role > was tried here last session.

WILLIAM MILLER < no role > sworn.

I am City Marshal; I went with Clarke to Fonseca's house.

When you came there who did you see? - I saw Mary Cole < no role > ; I did not see Fonseca; we found these halfpence in different parts of the shop; they appear all bad, and of one sort.

JOHN CLARKE < no role > , of Bow Street, sworn.

I have been employed a great many years for the mine; these halfpence, the whole sixteen pennyworth, seem to be all of one die. (Shewn to the Jury.) These appear to be struck off the same die; these have been in common currency; the sixteen pennyworth I believe have been in common currency.

Clarke, the Marshalman I am sure I saw Fonseca; I did swear that positively, I found Mrs. Cole there.

Jury to John Clarke < no role > . I should be glad to know the reason for your distinguishing them? - You will find grease on those that have not been in currency.

Prisoner. I desire to call my witnesses.

(The Prisoner's witnesses examined separate.)

SARAH HARRIS < no role > sworn.

Mr. Garrow. Is your name Sarah Harris < no role > ? - Yes.

Where do you live? - In Gravel-lane next to the Blackmoors-head.

Are you a married woman? - No, I sell fruit.

Have you ever seen Mrs. Moses < no role > that woman that stands down here? - She knows me very well; in consequence of a message I went to Mrs. Moses's house or the man's house that she lives with.

What do they live together? - As far as I know, I cannot say, it is Mr. Bacherah's brother, I went in there, and I am not sure whether they had done supper or no; the supper was on the table; I said to them, you sent for Mrs. Fonseca, and she cannot come; I am come in her stead; he sat on one side of the fire, and she on the other, and there were two children in a bed in the same room; they gave me something to drink; the man got up and handed me the bottle, then they talked, and said, have you seen Fonseca; that was he that said so; says I, how do you think it will come off with Mrs. Cole; this was the Friday before she was tried.

What said Moses? - Says she you may sell Mr. Fonseca from me, tell him to give me the ten guineas; says I, ten guineas is a great deal of money, I said, I think if you have two or three it will be enough; they were to have the ten guineas not to appear against Mrs. Cole or Fonseca; I told them I would bring them an answer in the morning; I told Mrs. Fonseca; says she I durst not do a thing without my husband's consent, I may as well give ten of my teeth.

Had you ever any other conversation at any other time? - No further than I met her the time that Mrs. Cole was cleared, as we were coming down here, and he said we have turned them up, so Mrs. Moses makes answer, I hope you will not forget your promise; so says he, I made a mistake, I draw a flaw in the indictment, I said there was thirty-two, and when I came to speak there was only thirty-one.

Are you quite sure that this passed? - As sure as I am standing here.

And both these people were present? - Both of them; he sat on one side the fire, and she on the other, and two children in bed, but whether they were undressed I cannot say.

Who was the gentleman that was present at the last time, and heard this conversation? - Mr. William Crane < no role > .

Mr. Silvester. You are a Christian I < no role > understand? - No, Sir, I am a Jewess.

You are intimately acquainted with Mrs. Fonseca? - Only dealing in their shop, that is Mrs. Cole's shop; I am not particularly acquainted with Mrs. Abrahams or Mr. Abrahams.

What names have you gone by? - I never went by any other name.

How came you to be sent to Mr. Fonseca's? - Suppose you ask me to go of an errand I would go; they are acquaintances of mine; I deal in the shop; I live in Gravel-lane; it is two doors off, in a little alley about half a yard wide, from my house; Mrs. Moses lives as far as Crown-court, in Petticoat-lane.

When you went there was any body present? - Yes, Sir, Bacherah the brother was present, and he heard the whole of this conversation, and her daughter that was big with child.

To Mrs. Moses. Did not you say you would go to Gravesend? - If I did I hope my kid may be tore limb from limb; that man was there at the first and second meeting; he heard it as well as me.

What is that man's name? - Isaac Bacherah < no role > .

JUDAH COWEN < no role > sworn.

Do you know Mrs. Moses? - Yes.

And Mrs. Abrahams? - By sight; on Thursday last, between five and six, I went into Rag fair with my slippers and things to sell, so Mrs. Moses called me; she said to me, do not you know any thing about Fonseca; I said only that on Saturday he will go and surrender himself; so she said, will you do me a favour, and go to Fonseca, if he will give me some money I will go Holland, for I have a mind to go to Holland and keep out of the way, I am sorry for what I have done; Fonseca said I will not give a farthing.

Was Abrahams there at the time? - No, she was alone, and it was on Friday, between three and four weeks ago; they both of them called to me in the street; she desired me to call on Sunday, for I want to speak to you something particular; I cannot speak in the street; I did not go then.

Mr. Silvester. Where do you live? - In Gravel-lane, Houndsditch; I sell slippers and canes.

Was you intimate with this Abrahams? - I never spoke to him before.

Did you know Hannah Moses < no role > ? - Only by sight; I never was in her house; I never spoke to her but in the street, and in the fair; she called me out, and said I want to speak to you something particular, and she spoke to me in Dutch; I am a Dutch Jew.

How came she to pitch upon you? - Because I live up one pair of stairs over Fonseca.

REBECCA HARBELOW < no role > sworn.

I know Mr. Fonseca; my husband is a cane mounter; Fonseca has worked for him at my house from Easter to Whitsuntide, from six in the morning till ten at night.

WILLIAM CRANE < no role > sworn.

Do you remember hearing any thing said by Mrs. Moses < no role > the Jew woman, or by Abrahams, about Fonseca? - No, I have known Fonseca seven years; I am a coal-merchant and a Christian; he was always a very honest man.

Mr. Silvester. Where do you live, Mr. coal-merchant? - In Rosemary-lane.

Jury. What coin did Fonseca use to pay you in for your coals? - Gold and silver, never in bad money; I never dealt with him for bad money.

Where is your wharf? - At King Edward's stairs, Wapping, at Mr. Godsell's.

CHARLOTTE KENNY < no role > sworn.

I have known him three years; never heard any thing but he was an honest man; I dealt with him.

WILLIAM IMPEY < no role > sworn.

I have known him three or four years; I took him to be an honest man; I had dealings with him for butter and sugar.

Mr. Garrow. You do not take him to be a man living by selling bad money? - No, I believe him to be a very good man.

Mr. Silvester. Who served in this shop? - Sometimes himself, sometimes his wife.

WILLIAM JOLLIE < no role > sworn.

I am a grocer; the prisoner dealt with me for ten years for tea and sugar, he paid me silver and gold and always good money.

ANN CAMPBELL < no role > sworn.

I have known him six years; bought soap and candles of him; a very honest good sort of a man; I live in Moor-fields.

PETER TATTERSON < no role > sworn.

I live in Gravel-lane; I take his general character to be a good one; I am his landlord, he always paid me very honestly.

Jury to John Clarke < no role > . Was any of the money found in the shop? - No, it was all found in Mrs. Cole's apartment.

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.