358. The said RICHARD WOOLDRIDGE otherwise JONAS WOOLDRIDGE proceedingsdefend This name instance is in set 1393. This set is in the group(s): GarrowsClients . was again indicted, for that he, on the 29th day of January last, one piece of false and counterfeit milled money and coin, made and counterfeited to the likeness and similitude of the good, legal and current milled money and coin of this realm called a half-guinea, the same not being then cut in pieces, unlawfully and feloniously did put off to one Elizabeth Levy proceedingsvictim , at a lower rate than the same did import, to wit, for eight pieces of current silver coin of this realm called shillings, and one other piece of current silver coin of this realm, called a sixpence, being together of the value of 8 s. 6 d. against the form of the statute .

A Second Count, for putting off one piece of counterfeit milled money called a half-guinea, &c. for eight shillings and sixpence, against the statute.

Mr. Sylvester of Council for the Prosecution thus opened the case.

Gentlemen; I did not think it right to mention this indictment, in the beginning of the former trial, because though I wish justice always to take place between the crown and the prisoner, I for one will never endeavour to prejudice the minds of the Jury; for which reason cautiously did I avoid it, nor did I suggest the least hint whatever of this offence, I wished that trial to turn on that simple fact of the shillings; the question now is, Whether the offence mentioned in this indictment, which has now been read to you, is, or is not compleat? because -

Mr. Garrow. I beg Mrs. Levy may go out of Court while Mr. Sylvester is stating this.

Mr. Sylvester. The character that has been given of the witness, Mrs. Levy, I believe she does not deserve; the way to affect witnesses, is to call people to impeach their testimony; you will judge what credit is due to her testimony, and whether it remains unimpeached. The story of this indictment she has pretty nearly told you on her cross-examination; as well as the former; that on the 29th of January the prisoner came to her, and wanted her husband to get some customer to buy counterfeit money; that one particular half guinea was left for some days, and that at last it was bought, and eight shillings and sixpence was paid for this half guinea; the husband going with this half guinea, and tendering it in payment as a good half guinea, because otherwise, in my opinion, it is no offence, the tradesman said, how did you come by this; then it was discovered that it came by this man, the prisoner; he had been traced by the officers of justice backwards and forwards to Levy's house; they watched him and took him into custody, and found a large quantity of counterfeit money upon him; in this case, the money was actually paid for the half guinea, therefore the offence was perfectly compleat, and if so, you must find the prisoner guilty. If on the other hand, the evidence should not be sufficient to reach him, or he has a clear defence to this accusation, I, for one, shall rejoice in his acquittal; and as to the Mint, although they think it their duty to stand forth to prosecute every offender, and to protect the public, they have no wish or inclination on either side of the question.

ELIZABETH LEVY < no role > sworn.

The 29th of January was the first time the prisoner came to my house; he asked me if my husband was at home, that was this day five weeks, I cannot rightly tell the day of the month, I told him my husband was not at home, and I asked him his business, than he shewed me half a guinea to buy it.

Court. He asked you to buy it, did he? - Yes, Sir, I told him it was a bad half guinea, and he said it was; I asked him then what he asked for it; he said, eight shillings and sixpence; I told him, I thought eight shillings and sixpence for a bad half guinea was a great deal of money, and I told him I could not say any thing to it, I would shew it to my husband, and he would call again, for being Saturday, I could not pay him

Court. What it was your sabbath, was it? Yes, Sir.

So your conscience would not let you pay for it that day? - No, Sir; he called again on the Monday following, and I told him I did not much like to have any thing to do with it; then he over persuaded me, and said there was two shillings that I might get by half a guinea, and I bought it of him, and gave him eight shillings and sixpence for it.

Court. And you actually bought it? - Yes, Sir.

And did you pay for it? - Yes, Sir, I paid him eight shillings and sixpence for it.

Are you sure it was the prisoner you dealt with? - Yes.

Had you known any thing of him before? - I had seen him several times before.

Had you ever any dealings with him before? - Once, a good while back.

And only in that instance? - Only in that.

Mr. Sylvester. When did you see him after that? - I saw him on the Thursday following, he called and had nothing with him, and he called on Friday, as I have said; I am sure of the man, I do not come here for gain or interest; I gave the half guinea to my husband in his pocket on the Thursday, as he called on the Friday.

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 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER III. PART X.

LONDON:

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

MDCCLXXXIV.

[PRICE SIX-PENCE.]

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 Richard Wooldridge < no role > This name instance is in set 1393. This set is in the group(s): GarrowsClients . .

Mr. Garrow. Is your husband here? - No, he had no call to be here.

Now, the first time that he came to you, you say, that he left the half guinea with you? - Yes.

You did not then bargain for it? - I was only to keep it and shew it, I was afraid to look at it almost, for I did not like the thoughts of bad money, and I know the consequence of people being brought into trouble.

I think you said you had once before dealt in bad money? - Yes, once with him, but never with any body else, I had bought half a guinea worth of silver of him, and if he had not come to me, I should not have gone to him.

And so this half guinea shocked you, and frightened you so, that you was afraid to look at it? - I never mentioned any thing of shocked.

Well, frightened? - No.

Afraid then? - It was very pretty.

At last you gave it to your husband? - Yes.

What became of it after you gave it to your husband, you do not know of your knowledge? - He laid it out.

Why will not you tell me that you know nothing at all about it? - I do, Sir.

Your conscience would not let you pay for it on the Saturday? - No.

Then your conscience is of this sort, it will let you make an iniquitous bargain of a Saturday? - I did not make any bargain of a Saturday, I bargained and paid for it on the Monday.

Did you go to the pawnbroker's? - No, I had as much about me.

Your husband gave you information that he was in trouble about this half guinea? - Yes.

He was taken up for uttering that half guinea, and gave bail? - Yes.

How long was he in custody? - A week.

Did the Solicitor of the Mint consent to his being discharged? - I do not know.

Where was he bailed? - Before them that committed him, somebody up in Bow-street.

ELEANOR LESTLEY < no role > sworn.

My father keeps a grocer's shop in the Strand.

Have you the half guinea? - My father has.

Who did you receive it from? - From Mr. Levy.

Did you give it to your father? - Yes.

Mr. Garrow. Miss Lestley, was you acquainted with Levy? - No, I never saw him before.

So that you received it of a man, whose name you afterwards heard was Levy? - I saw him afterwards at Sir Sampson Wright's.

Was the prisoner there then? - No, he was not.

CHARLES LESTLEY < no role > sworn.

I am a grocer; I was present when my daughter received that half guinea from a man of the name of Levy; that is the same half guinea.

Mr. Garrow. You did not know him before, I suppose? - No, never.

A man gave that half guinea to your daughter, whose name you afterwards understood was Levy? - Yes.

Mr. Justice Gould. Was you at Bow-street; did you see the man there? - I did not; I took him, he ran away as hard as he could, he ran up two streets, and I ran after him and took him to Bow-street, and he emptied his pockets of bad silver.

What charge was made against him at Sir Sampson Wright's? - For uttering a bad half guinea he was committed; I know nothing about his being admitted to bail, only as I have heard; I do not know how long he was in custody.

Mr. Sylvester. It is the same man? - Yes.

CHARLES JEALOUS < no role > sworn.

I searched the prisoner, and in his breeches pocket I found these four half guineas; I also found six shillings in his breeches pocket, and two bad sixpences in his fob pocket; the six shillings were all bad.

Did you find any thing more about him? - Yes, in his coat pocket he had a bag of silver, with a vast quantity indeed, which are the same pattern of these six shillings.

Mr. Garrow. Was it before or after the prisoner was apprehended, that her husband was in custody? - Her husband was in custody before the prisoner was apprehended.

Was he in custody at the time? - I do not know.

You went there by the appointment of Mrs. Levy? - I shall not tell you without submitting it to the Judge.

Court. It is very proper.

It was by the particular desire of Mr. Clarke; I knew nothing of Mrs. Levy; she did not make that offer; I did not apprehend Levy; I was not present when he was examined.

How many parcels of silver were there on the table? - I cannot tell; I know the prisoner what a comical sort of a gentleman he is at sometimes.

Were there not seven or eight? - I cannot tell indeed; four or five there might be.

JOHN CLARKE < no role > sworn.

Examined by Mr. Sylvester.

You have been employed for the Mint about fifteen or sixteen years past? - A good many.

You went to Levy's house? - I did on Friday the 6th, the very day that I was taken ill; I went into the one pair of stairs, there I saw the prisoner at the bar, and Mrs. Levy, sitting at a table by the fire, and upon the table there lay three nine and twenty shillings worth of silver, in three parcels of silver, I counted them, and in each parcel there were twenty-nine shillings; I desired Jealous to search the prisoner in my presence; he did so, and in his pocket he found a canvass bag, and I think there was twelve or thirteen pounds, besides the three parcels that were found on the table; (the three parcels shewn him) I think there were four counterfeit half guineas, and six shillings which are in the hands of Mr. Jealous.

Mr. Sylvester. Have you compared the shillings in the parcels and in the bag with those in his pocket?

Mr. Garrow. Will your Lordship try any question about the shillings.

Mr. Justice Gould. This is only a circumstance to denote that this man dealt in bad money.

Mr. Garrow. That is evidence about his character.

Mr. Baron Perryn < no role > . Have you any monier of the Mint, to shew that this was bad money? - Yes, my Lord.

Mr. Garrow to Clarke. You took the prisoner and Mrs. Levy < no role > both into custody? - Yes, I did at first.

She was a good deal frightened and alarmed at your coming into the room? - I do not suppose she was so much frightened as what you may imagine; the fact is this, after her husband was taken into custody, it was thought necessary to get at the branch and at the root of it, and the woman herself said, she would give up the person whom she had the half guinea of.

In order to save her husband? - No, Sir, no such thing; he is under process at this time, to appear at Westminster sessions.

I would ask you, if I may be permitted, whether you do not, upon your oath, believe that that woman expects her husband will be discharged in consequence of the prisoner's conviction?

Mr. Justice Gould. Though that affects her credit, it does not affect her competency.

Mr. Garrow. I am as well contented that it should go to her credit.

Mr. Sylvester to Clarke. You have seen all the half guineas? - All but that of Mr. Lestley's, which I never had in my hands.

Be so good to compare them.

(Clarke looks at the half guinea and the others.)

Mr. Garrow. If the half guinea which is now produced to you by that gentleman, had been produced to you by any body else, could you have distinguished it from a good half guinea? - Not a doubt of it, if it had been out of my possession for seven years.

Could you distinguish that one from the others that are produced to you? - No, I do not say that.

They are so much alike, that though you could distinguish them from good half guineas, you could not distinguish them from these? - It is too much for me to swear it, I would not swear it.

I dare say you would not.

RICHARD FRANKLIN < no role > sworn.

I am a monier of the Mint; this is counterfeit, and the others also.

Court. How do you know that they are bad? - By the milling.

Is there any gold in it? - It is impossible to distinguish that, without an assay.

Mr. Clarke. Whoever made one made the other; I should not like to give above sixpence; in short, they are worth nothing; I should not suppose there is any gold in it.

Mr. Garrow to Franklin. You have said it is impossible to ascertain, without an assay, how much gold there is in this half guinea? - Yes; one of the reasons that I think it is bad is, that the milling is very badly executed.

Might not a good half guinea be so clipped, and afterwards milled by an inexpert hand, as to produce that sort of milling that is now on this half guinea? - It might be so done.

Court. Does it appear that this half guinea has been clipped? - No.

Can you tell that by your eye? - Yes, I speak from the whole, but the milling is what I know by.

Mr. Clarke. You will find that the very outlines of the die is upon the money, therefore when it comes to be milled, or taken off, it must reduce it.

Mr. Garrow. My Lord, admitting the whole of Mrs. Levy's evidence to be true, for the sake of argument, I humbly submit that there is no evidence, that this half guinea was the half guinea that Levy uttered, because Levy is not produced.

Mr. Baron Perryn < no role > . That is proper evidence to be left to the Jury.

Mr. Garrow. There is no proof that it is the same half guinea that he received from his wife.

Mr. Baron Perryn < no role > . Is Levy here, because he is a competent witness?

Mr. Garrow. Levy had a great deal of false money about him.

Mr. Baron Perryn < no role > . He had no other gold, but the prisoner had.

PRISONER's DEFENCE.

I went to Mr. Levy's to see him; I knew him some time; he said he would help me to some employ; he was out of town, and I called again the next day, and she bid me stop a bit, and she began telling this money over; I had no time to say any thing to her, she had them in the room when I went in; she said here is somebody coming up; says she, put that bag in your pocket, and she had some shillings that she was looking at, and there was somebody coming up stairs, it was these gentlemen; says she, here is somebody coming up stairs, and, says she, put them in your pocket; I put the silver in my coat pocket, and the half guineas and shillings I put in my breeches pocket.

Court. What do you say as to offering the half guinea to her? - I never saw that, I know nothing of it; there were four on the table, that was all that I saw.

Court to Jury. This is a case that comes directly within the act of parliament; this depends intirely on the credit you give to Mrs. Levy's testimony: as to the want of the evidence of Levy being produced, that does not, in my apprehension, make any great difference in this case; because, if the prisoner offered to sell any counterfeit money, he has been guilty of the offence which is within the act of parliament; it seems to me, that if any half guinea is now produced to you in evidence, which was uttered by the prisoner at the bar at a less price, it is sufficient.

GUILTY .

Mr. Reeve. My Lord, this is a man who has had once his Clergy, it is the wish of the Mint, that he should be proceeded against as Rothwell was.

The sentence on this prisoner, which is that of Death, he having before had the benefit of Clergy, was not passed, but respited to next Sessions .

Tried by the second Middlesex Jury before Mr. Baron PERRYN < no role > .