145. JACOB THOMPSON proceedingsdefend This name instance is in set 1359. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 20th day of August, 1782 , in the dwelling-house of George Prescott < no role > , George William Prescott < no role > , Andrew Grote < no role > , Joseph Grote < no role > , William Culverden < no role > , John Hollingsworth < no role > the elder, and John Hollingsworth < no role > the younger, one promissory note, called a Bank post bill, value 30 l. marked No. A. < no role > 3913, dated London, 7th August, 1782, signed and subscribed by William Lander, for the Governor and Company of the Bank of England, promissing to pay at seven days sight, to Mr. John Wilkinson < no role > or order, 30 l. sterling; indorsed John Wilkinson < no role > and Co. the same being the property of the said George Prescott and Co. proceedingsvictim and the said sum of 30 l. payable and secured by the said note, being then due and unsatisfied, against the form of the statute, and against the King's peace .

A second count charging him with stealing it in the dwelling house of John Hollingsworth < no role > the elder.

A third count charging him with stealing it in the dwelling house of John Hollingsworth < no role > the younger.

JOHN HOLLINGSWORTH < no role > the younger sworn.

I reside in the banking house at present, and I did so in August, 1782, I know the prisoner, he was our porter at that time; he was discharged in September following.

JOHN WOODHOUSE < no role > sworn.

(The Bank post bill shewn him.)

This was carried to the credit of Mr. Collins, the 19th of August, 1782; I wrote Mr. Collins's name upon it the 19th of August, 1782.

Mr. Fielding Council for the Prisoner.

You are speaking from memory of what passed in the year 1782? - Yes.

That is your writing? - Yes.

What other circumstance have you to carry your memory back but your own hand writing? - These notes were lost, the books and the letters will shew it, there is the numbers upon the bill.

You only know it from containing your hand writing? - I know that Mr. Collins has had credit for it, and that we never have received the money.

Mr. Sylvester council for the Prosecution. Have you any doubt of that being the bill that was in your house, Sir? - Not the least.

ISAAC PATMAN < no role > sworn.

I am a clerk of the Bank.

(Looks at the note.)

What is that? - A Bank of England post bill; I entered it.

Whose name is subscribed to it? - Wiliam Lander.

(The bill read.)

"Bank post bill, No. A. < no role > 3913, London,

"7th of August, 1782: at seven days

"sight I promise to pay this, my sola Bill

"of Exchange, to Mr. John Wilkinson < no role >

"and Co. or order 30 l, for the Governor

"and Company of the Bank of England." The signature is torn.

HENRY CLAYTON < no role > sworn.

I passed that bill in the cash book the 19th of August, 1782.

Mr. Fielding. Where did you deposit the note? - I put it in a box where we always put them after I had passed it.

JOHN COOK < no role > sworn.

I am a clerk in this banking house (looks at the bill.) here is the number that I entered it by, on the 19th of August 1782, I likewise charged it out in my charge book, to go out the next day by another clerk for acceptance.

Mr. Fielding. After you have entered it then you put it into a book which was a memorandum of the place to which it was to go? - After entering it, it was put into the place where the other bills are usually put till we come to charge them out.

What is done with the bill after it has gone through that ceremony? - It goes to the person that is to take charge of them the next day.

Who was that person? - Mr. Foster, they go into the office, and they are examined to see if they are right.

I understand from seeing a number of gentlemen standing up here, that a many people have access to the place where these bills are put? - Yes, they are put into one of the back offices, and then given out at evening to the respective clerks.

JOHN FOSTER < no role > sworn.

I am a clerk in this banking house, I examined these bills on the 19th of August, 1712, which were charged out for the 20th, they were all right when I had sorted and examined my bills, and sorted them regularly according to the walk I was to go, which was the city walk, I then took them round to the place where I usually put them, which was behind the counter; I put them in my own case; not finding the large case which was appointed to put these bills in, I put them in my own case, which I was to go out with the next day, and put them behind the place where I usually put them; there are partitions behind the counter where we used to put them; I did not take any more notice of these bills which I put up, supposing they were safe and right; in the morning when I came to look for my case of bills which I put up on the night before they were missing, I enquired of all the clerks.

Court. Then there were other bills besides those that were lost? - There were thirty or forty; I did not find my case.

Court. Whose business was it to put those bills of yours into the tin case? - Mr. Hollingsworth's, or one of the clerks; I enquired of all the clerks if they knew any thing of my bills; and when we could not find the case of bills any where, we agreed to go and stop the payment of the bills which were charged out, the bills for payment, and the bills for acceptance, which were all examined together, on account of going regularly in the walk: we went out to stop the payment of the bills for payment and the bills for acceptance; we found no such bills, nor heard nor learnt any thing during the time we were out concerning the bills; we came home, and the gentleman agreed to advertize the bills that were lost, with the particulars; I was so flurried with the loss of my case, and was so unhappy for myself and my friends who were security for me, that I could not draw up any advertisement or do any thing; I went down into the kitchen and set by the fire, and was lamenting the loss of my case; I was unhappy and uneasy on the account of it, as the gentlemen and the clerks had searched for it; the prisoner stood at the corn er of the kitchen door, and said, he was very willing to go up and seek with me, where I should chose to go; I said it was in vain to seek for it; however, thro' the persuasion of the servants and himself, I went with him to seek for the case; this was between nine and ten o'clock, we began at one part of the office and went on regularly round till we came to where there was a bureau bedstead, which was moved by him or me, and he held down the candle, and looking behind the bedstead, he said he saw something, I looked behind the bedstead with great anxiety, and saw a hair broom which lay towards the ground, and the corner of the case seemed to appear under the hair broom; I drew it out, and to my great surprize, found there were my bills; I did not examine them that night by the book that I had entered them in; I looked them over and supposed they were all right, in the morning I found that one bill which was upon John Boldero < no role > for 10 l. which was wrote upon at the top, Bank post bill, very small, I found that that bill was misplaced, had been taken out of the partition where I had placed it, and put in another partition in the case, as I supposed the person or persons who ever found it, thought that to be a Bank post bill as well as the rest.

Mr. Garrow another Council for the Prisoner. This transaction is near a year and a half ago? - Yes.

Do you affect at this distance of time, to speak with all that degree of accuracy as to all these minute circumstances, which you should do in a circumstance of this kind? - Yes.

I fancy your situation at this house was, at that time, the situation of an out door clerk? - Yes.

You have told us, that there were certain bills charged out to you the 19th of August, to be delivered on the 20th; these were charged out by you to some other person? - Yes.

But it is not your business to charge them out? - No.

Then these bills were not disposed of in the uniform usual course of your office? - No, the case was not to be found.

You therefore put them into another case and carried them round behind the counter and placed them there? - Yes.

When was this? - In the evening, between seven and eight o'clock.

You have a great number of clerks in your house? - We have eleven.

This place in which you deposited the case was not locked up? - No.

Then all the partners in this house, and all the clerks in this house, had access to this place, and all the servants, if they pleased, had access? - Nobody is suffered to go behind the counter but the clerks, without it is when the porter locks up the place and shuts up the shutters, which is whilst there are some of the clerks in the office.

Some of the clerks sleep in the office? - Yes.

Is not it usual for the clerks to have their hair dressed in the shop? - We used to do these things, but we have left it off now.

Oh, you used to do these things then, but you have left them off now; pray why is it left off now? - The gentlemen did not know what to think, these things being lost, the only reason I believe for that, Mr. Prescott, the head partner came one morning as as we were having our hair dressed, ten minutes before nine o'clock.

Was there an old clothes man introduced into the shop? - I do not know.

When the book was found, you say you did not examine it with much minuteness? - I did not with any great degree of accuracy.

Did you express to the prisoner your satisfaction at having found all the bills right? - I do not recollect particularly, it is possible that I did.

I suppose this transaction made a good deal of noise in the house? - Yes.

When the case was recovered, it became necessary I imagine, to take off the stoppage of those bills that you had recovered. - We stopped the payment at the Bank immediately, and I believe it was advertized.

It was perfectly notorious in your house and made a great noise? - It did not make a great noise, we were very much alarmed, we did suppose that the case had been in possession of some person or persons by these two bills being missing.

Mr. Sylvester council for Prosecution. You said it was the porter's business to sweep the shop and shut the shutters? - Yes, and rub down the counters and such business as that, and to make our beds and bring our suppers up.

(The charge book produced.)

Mr. Garrow. That is not your writing? - No.

(Read.)

"30. P. B. < no role > (or post bill) and P. < no role > 539. he is either to bring home these bills, or a memorandum for it.

Jury. Was your own case locked up that night or did it remain unlocked? - That I cannot tell.

Jury. Is it an easy thing for a person to get behind the counter? - We let nobody come behind the counter.

Is it an easy thing; could a porter in the house get behind the counter? - Yes, Sir, he goes behind the counter to shut up the shop.

Did you put your book that night in the place it is usually put into? - Yes.

When the business of the day is over, and you gentlemen clerks are dismissed from your business, is the place where your book was, open to the access of any body in the shop, or open to the access of the servants of the house? - It is open; the servants never come into the office: I did not sleep in the shop myself, some of the clerks did.

Where were the beds in the shop? - One was near the office where we sup, that where the case was found, that was near the office where we sup.

Court. Does the porter sleep in the house? - Yes.

Do you gentlemen clerks, after the business of the day is over, never go out of the shop till you go to bed? - Frequently.

Is there somebody always left in the shop? - Always one person appointed to attend at home.

But I want to know whether you are so strict on the subject, as that you make it a rule never to leave the shop without one clerk in it? - I cannot say we are.

Now supposing it might happen, none of the clerks were in the shop, could the porter have access during the momentary absence of a clerk? - After locking up, the porter might go in any part of the shop.

Jury. Supposing the clerks were out of the house in the evening, the pigeon holes where you put your notes, the porter, if he had so been disposed, might have had access to it? - He might.

JOHN CATLEY < no role > sworn.

I am likewise a clerk in this house, on the 20th I went to stop payment of part of the bills, and in the evening of the 20th, the case was found; the next morning, Mr. Hollingsworth desired me to go to present the bills for payment, on receiving the case for that purpose, I immediately told the bills over, and I then found there were two short of the number charged in the book, but as it was late, it might be ten o'clock in the forenoon, I went out with the bills to see which two bills they were that were wanting; on my return home, and examining the book, it immediately struck me when I saw the two post bills charged out, that these were the two bills, I then went to the bank and stopped the payment, we had not sufficient particulars, afterwards it was fully stopped.

Mr. Fielding. Then I understand when this book was missing in the morning, then it was that there was an activity in order to stop the payment? - Yes.

In the evening of that day the book was discovered? - Yes.

Then this book was afterwards put in your possession to carry out the bills? - It was locked up that night, and the next day it was delivered to me.

How came Foster not to be sent out with his book the next day? - Because it was supposed they would pay me sooner than any other clerk.

You have lived some time in this house? - Yes.

You have heard acts of carelessness in these clerks? - There have been mistakes.

The maids sweep out the shop? - No, the porter.

The maids may come into the shop? - I do not suppose any body would prevent them, but I never saw them go into the shop after the hour of business in my life.

Court. There were a good many bills in this case? - Yes.

Were any but these two, bank post bills? - No more, there was a bill drawn upon Mr. John Boldero < no role > , and Co. which had the appearance of a bank post bill, post bill was wrote on the top, in the manner of a bank post bill.

Court to Mr. Foster. That is the bill you say was misplaced? - Yes.

PETER LANG < no role > sworn.

I live at Wells in Somersetshire, I am a hosier, I know the prisoner, I saw him at Wells on the 11th of August, 1783.

Did you receive any bank post bill from him? - This is the bill that went through my hands.

Did he sign it? - I told him as he was a stranger to me, it would be proper for him to indorse it, he did immediately, and wrote Charles King < no role > , and I immediately wrote my name under it, he had of me some cash, and a twenty pound bill drawn on Mr. Pope, the hosier in Fenchurch-street, which bill he took from me, I drew < no role > the bill payable to Mr. Lloyd in Wells, I was introduced to him, he gave me the bill to change.

JAMES COLE < no role > sworn.

I live at Bridgewater, I am receiver general for the county; in the middle of October I received a letter from an acquaintance informing me - Mr. Garrow. Hold, don't tell us of any information! - I was desired to find him out, and I met him in the market, I asked him if his name was Thompson, he said yes, I took him to my house and asked him if that name was his hand-writing, and he said it was, I asked him how he came by that draft; this was the draft that Lang gave him, he said that this was his hand-writing, I then asked him how he came by that draft of twenty pounds, he seemed much confused and said, Sir I will give you the twenty pounds for it, I told him that would not do, he then said he received it of one King, I asked him where he received it, he hesitated very much, and he pressed me to take the twenty pounds, I told him this draft I supposed to be a bad one, he then said, between Bridgwater and Bristol, as he was going to Bristol, this King overtook him, and asked him if he was going to Bristol, and if a hill would be more easy carriage to him and more agreeable than cash, and that he then gave him twenty pounds for the bill, I told him I thought this was a very unlikely matter, says I, Peter Lang < no role > denies his having ever put his name to the draft, and Lloyd says he never did, I told him I should take him before a magistrate, upon that he then said, why, Sir, if you will keep a secret, I will tell you the whole business.

Mr. Garrow. Did not you say you had threatened to carry him before a magistrate? - I told him that I thought this business a very unlikely one, and unless he gave me a more satisfactory account, I should.

Mr. Garrow. I submit to your Lordship whether you will, after what he has told us, hear what Mr. Cole may say, I do not know what he is going to say.

Court. Why to be sure one is always very chaste in these kind of things, I think we had better not hear it, I do not know what Mr. Cole is going to say, but if it is any confession made by him, if it is made immediately after a threat, we should not hear it.

Mr. Sylvester. It is not a threat.

Court. Why it scarcely amounts to that, but he is hardly a free agent at that time.

Mr. Fielding. It is much more efficacious than that, it coaxes him.

Mr. Sylvester. I never knew the objection but where there was a promise that you would not prosecute.

Court. Suppose Mr. Cole had said I can hang you, you had better confess, if you you do not, I shall certainly carry you before a magistrate; and if the man under the terror of that threat had made a confession, to be sure that is not evidence; now Mr. Cole is much too prudent to do that, he only said, unless I have a more satisfactory account, I shall take you before a magistrate, and then the man says, why then Sir, that is, since you will carry me before a magistrate, if you will keep a secret, I will tell you the whole business, this is the safe side, and I own I never like confessions.

- COLE sworn.

In the evening he sent to me to desire I would come to the gaol where he was.

Court. That is the same thing.

Mr. Garrow. You had been at the prisoner's house before you met him in the street, and when you met him, he went with you without any sort of hesitation? - Yes.

Court to Mr. Hollingsworth. This note is the property of your house? - Yes.

Mr. Garrow to Mr. Hollingsworth. How long after this affair did the prisoner continue in your service? - About three weeks.

I am desired to ask you whether after he left your service, he did not upon some occasion or other, give you notice where he might be heard of, and that he was about to leave London? - He did.

The payment of the bills were stopped then? - Yes, and they were advertised.

Court. Did he tell you where? - In Mead's-court, somewhere by Soho.

Court. When did you begin to search after him? - About a month after.

Prisoner. I leave it to my Council.

Mr. Garrow. You understand we cannot say any thing to the Court or Jury in your defence, we can only examine witnesses.

Prisoner to Mr. Foster. You remember Sir, when the pocket-book was found, you was with me.

Court to Prisoner. God forbid that you should be hindered from saying any thing in your defence, but if you have only questions to ask, I would advise you to leave them to your Council.

A WRITTEN DEFENCE OF THE PRISONER's READ.

My Lords and Gentlemen of the Jury: In answering this charge which is now made against me, I shall be under the necessity of troubling the Court with some account of myself. Before I came into the service of the prosecutor, I carried on the business of a maltster to a considerable amount, but was reduced by losses, and recommended by Mr. Fothergill to the house of the prosecutors; my duty was that of porter, and in that situation I was neither intrusted with bills or notes nor had the means of secreting them; in September, 1782, I was dismissed the plaintiff's service, on account of these bills being missing; the plaintiff's suspicion did not rest on me alone, since then they discharged another of their servants, whose opportunities seem more calculated to warrant their suspicions; I continued some time in London after my dismission from the plaintiff's service, and when I went into the country I gave notice to Mr. Prescott where I was gone to. If I had been conscious of having stolen these bills from him, your Lordship will not think I should have been so mad as to negotiate them; after I left the plaintiff, I insured lottery tickets with great success, and having got money, I went to pursue my former business, and I was induced to assume another name. In the course of my transactions with lottery offices, I was frequently paid in bank notes, and this note I received at Mr. Palmer's office, in Fleet-street, one night in payment of forty guineas: I hope the bare possession of the bill, at the distance of two years, cannot prove me guilty of the offence of stealing it.

- FOTHERGILL sworn.

Examined by Mr. Garrow.

I believe you are a very considerable corn factor? - I am in that line of business; I have had very considerable concerns with the prisoner, to a very large amount; and since I have been subpoened in this business, I have had reference to our ledgers, and I see I dealt with him from January 1779 to November 1781.

By what name did he deal with you? - By the name of Thomas Jacobs < no role > ; I believe from misfortunes and from an extent issued by the crown for malt duties; he found it necessary to leave that part of the country, I believe that was his motive, because there were warrants against him for revenue duties merely.

You gave your opinion of him as an honest man? - We did.

He there lived by the name of Jacob Thompson < no role > This name instance is in set 1359. This set is in the group(s): GarrowsClients . ? - Yes, after he failed in the country he remained with his friends; finding he could not appear there he came to town; he wrote a note to our house, requesting a little money, and signed it Jacob Thompson < no role > This name instance is in set 1359. This set is in the group(s): GarrowsClients . , in the postscript he says,

"you know my motive for changing the name of yours, T. J." My dealing with him from Midsummer, 1780, to Midsummer, 1781, was for six thousand and odd pounds.

In all the dealing you have had with him, have you as reason to look upon him as an honest man? - We has particular reason on this account; he had frequently occasion to over-draw us, he requested the indulgence to accept before asserts came, and we have frequently accepted two or three hundred pounds in advance to him, and when he promised to send asserts he never disappointed us: after he had quitted the service of Mr. Prescott and Co. I heard they had some suspicion about some matter, and in about a week after he called on me; I told him, and desired he would call and clear it up, which I afterwards understood he did; he told me his lodgings were in Meard's-court at that time.

Mr. Sylvester. You gave a character of him to this gentleman, in a name that you knew did not belong to him? - I confess I did, and for the reason I have mentioned.

Mr. Garrow. We have many other witnesses to character, but I believe it is totally immaterial to call them.

NOT GUILTY .

Tried by the first London Jury before Mr. Baron HOTHAM < no role > .