826. KYRIN RYEN proceedingsdefend was indicted, for that he being a person of a wicked mind and disposition, and well knowing, that Patrick Welch, deceased, lately served our Lord the King, on board the Asia, and that certain wages and pay were due to him, and dewsing and intending to obtain the same into his possession, on the 15th day of September, 1783 , came before the Worshipful Peter Calvert < no role > , Esq; then Master Keeper, or Commissary of the Prerogative Court of Canterbury, and produced and exhibited a certain paper writing, partly printed and partly written, with a certain mark thereto subscribed, purporting to be the mark of John Welch < no role > , and to be the last will and testament of the said Patrick Welch < no role > , by the name of John Welch < no role > , and bearing date the 1st of November, 1777; and then and there unlawfully, willingly, knowingly, and feloniously, did take a false oath, that this paper contained the last will and testament of John Welch < no role > , alias Patrick Welch < no role > ; meaning, that it contained the last will and testament of the said Patrick Welch < no role > , and that he was the brother, and executor therein named, by the name of William Welch < no role > , he the said Peter Calvert < no role > then and there having competent authority to administer such oath, whereas in truth, and in fact, the said paper did not contain the said last will, and he was not the brother of the said Patrick Welch < no role > , nor the executor of the said Patrick Welch < no role > , to the intent he might obtain probate of the same, in order to receive the payment of the wages and pay due from our Lord the King, to the said John Welch proceedingsvictim , for his service on board the Asia, the said John Welsh < no role > having really served our said Lord the King, as a seaman on board the said ship .

A Second Count for that he, supposing that certain wages and pay, &c.

The name of Peter Calvert < no role > , Esq; being inserted, as the person before whom the oath was taken, instead of James Harris < no role > , Esq; his surrogate, no evidence was produced on this indictment, and the prisoner was ACQUITTED .

827. The said KYRIN RYEN was again indicted for the same offence , only charged that he came before James Harris < no role > , Doctor of Laws, then Surrogate of the Right Worshipful Peter Calvert < no role > , then Master Keeper, or Comissary of the Prerogative Court of Canterbury, &c.

The indictment was opened by Mr. Reeves, and the case by Mr. Silvester.

Mr. Garrow, Counsel for the Prisoner, objected that there was no such offence under the act of parliament, as that mentioned in the indictment, and that it must be the true will of a seaman, to which the party offending takes a false oath; and that the indictment charged this not to be the true will of the seaman, but a forged will.

Mr. Silvester replied, that the indictment did not charge at all that this was the true will of John Welch < no role > , but the prisoner did then and there produce, and exhibit, a certain paper writing purporting to be the last will, &c.

Mr. Baron Eyre < no role > . The affirmance is, that the paper did not contain the true last will and testament.

Mr. Silvester. The act of parliament says, if any person shall take a false oath, to obtain the probate of any will or wills, in order to receive the payment of any wages; now this man goes to the proper officer, and there he takes a false oath, for the purpose of obtaining probate, which when obtained, is to enable him to receive the money due to the heirs of the deceased; whether therefore the true will or not is not material, the only question is, whether the oath was a false one, and taken for the purpose of obtaining probate; your Lordship recollects the case of Kimber, in Foster, where there was no such person as the Testator that ever had existence; and the Judges determined, that it was an aggravation of the offence, forging the person as well as the thing.

Mr. Reeves said a few words on the same side; and Mr. Garrow replied, and contended, that this is not a will, but a paper, partly written and partly printed, purporting to be a will.

The Court over-ruled the objection.

JOSEPH SPECK < no role > sworn.

Examined by Mr. Reeves.

I know the prisoner, he came to me on the 14th of September, 1783, into the office of Messrs. Marsh and Abbot, Proctors, in Doctors Commons, to whom I am clerk, and said, he wanted to take out administration to a brother of his that was dead at sea; I asked him if he had any will, he said, he had, and he produced a will which is now in Court; I asked him, if he knew what wages were due to his brother, he said he did, and he produced a search, that he had made at the Navy-office; when I came to look at the search, I found the name was different to what it was in the will, it said in the Navy books, in the name of Welch, and in the will it was spelt Wilch, I asked him if he was the brother as specified in the will, and he said he was, I then as is usual in those cases alias'd a name of Welch otherwise Wilch, I then took him before Doctor Harris < no role > .

Who is Doctor Harris < no role > ? - He is one of the Surrogates in the Prerogative Court.

The oath was administered? - Yes.

Do you know the oath? - Yes, the purport was, he swore that that paper which he then produced, contained the last will and testament of John Welch < no role > , deceased, and that he was the brother, and executor therein named; he said, his brother served on board the Asia, besides his search at the Navy-office proved it to be the Asia; the affidavit is in Court.

THOMAS FLETCHER < no role > sworn.

(Produces the will.)

Court. Is this the oath reduced to the form and shape of an affidavit, or is it a verbal oath? - It is a verbal oath.

Mr. Garrow. Then the executor does not sign any oath? - No.

Nor the surrogate? - Yes, he does.

This signature of Doctor Harris < no role > is an attestation that the executor has been sworn? - Yes.

Did he say it was the Asia, because I perceive the will calls him a seaman on board the Esua. - Yes, Sir, I know it does.

Then you only guess that Esua means Asia? - I cannot say.

The person making this might belong to one of his Majesty's sloops? - He might.

The name is Wilch too? - Yes.

You had a great many people coming at the conclusion of the war? - Yes.

In the way you do your business, and the great variety of business you have, can you be sure this is the person that came to you, and described himself to be the executor of Wilch? - If I had not been sure of it I should not have come here, I am positive.

Court. Can you, under all the circumstances, at this distance of time, swear to the man that came to you? - I should be very sorry if I could not, but if it was the last word I have to say, he is the man.

Mr. Garrow. Do not they sometimes swear them as executor, and not mention brother? - Sometimes they swear them as executor therein named, and do not mention brother.

How many hundred people in the last two years have you heard sworn? - I cannot tell.

Then there is a possibilty that the man did not swear that he was the brother, but that they omitted that, and only swore him as the executor? - I cannot say.

Mr. Silvester. This is witnessed by you, it is

" William Wilch < no role > , the brother and sole executor, duly sworn;" you put it down before he was sworn? - Yes.

Then it is perfectly clear that the person represented himself so to you? - Yes.

Mr. Garrow. But you cannot charge your memory that the man swore anything about his being the brother? - No.

Mr. Silvester. After this, what is the next proceeding in your Court? - The next proceeding is to obtain the probate.

In what name was that?

Mr. Garrow. You will not tell us that, unless you produce it.

Court. When you go before the surrogate, you produce the will to him, with the man, and that is written upon it before you carry it to the surrogate; I presume the oath is framed according to what is written there, if it is executor he only administers to it as executor, if it is executor and brother, I suppose he administers as such? - Yes.

GEORGE ARNOLD < no role > sworn.

I am one of the pay clerks in the Navy-office, I reside always at Chatham.

What book is that which you produce? - The book by which we paid the brother William < no role > the money.

Court. What ship's book is that? - The pay book of his Majesty's ship the Asia.

To whom did you pay that money? - It was paid to the brother William, executor of John Welch < no role > , twenty-nine pounds nine shillings and three pence, paid on the 24th of September, 1783.

WILLIAM CLORY < no role > sworn.

I was a seaman on board the Asia; I know Welch, he came on board a little before we went to India, he died upon the homeward-bound passage.

Court. What was his Christian name? - John.

Was there any other man on board that died of the name of Welch? - Not that I know of.

Mr. Garrow. Was you acquainted with the names of all the persons on board; did you know Pat. Welch? - No.

Do not you know that this man you call John, was Patrick, and that in order to conceal it, he called himself John: he was a country man of your's; is not there a little anxiety to conceal the name of Pat. on board a ship? - I do not know.

You do know all the people on board? - No.

Did you serve on board the sloop Esua? - No.

You do not know how many Welches were on board there? - No.

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

Those Ladies and Gentlemen who bind up the Sessions Papers, are desired to insert the following Note with a Pen in No. VII. Part I. Page 1034, (Colonel Gordon's Trial) making an * at the 7th line of the 2d column, at the word arrest:

*

"Had Colonel Gordon entered upon his Defence at large, he would have explained this matter, in which the learned Council who opened the Case was misinstructed, for Colonel Thomas was not in arrest; when the first Challenge was sent, which was the 15th of October 1780, Colonel Thomas was then walking the Parade and streets of New York, wearing his sword, and in his refusal to meet Colonel Gordon he did not pretend to be in arrest, but declined the meeting, assigning for a reason, that the matter was then depending and undertermined ".

Or any Purchaser of that Number may have a correct half sheet gratis, by sending to Mr. WALMSLAY's, No. 35, Chancery-lane, or Mr. BLADON's, Paternoster-row.

N. B. The Set of Papers for this Session contain, among many others, the remarkable Trials of Henry Morgan < no role > This name instance is in set 1538. This set is in the group(s): GarrowsClients . , who was executed for the Murder of Mr. Linton; George Drummond < no role > , for robbing the Earl of Clermont; Kyrin Ryen, for taking a false oath, with intent to obtain letters of administration, with twenty others who received Sentence of Death for Burglaries and Highway robberies: also the remarkable Trials of William Stevenson < no role > for Murder, and Elizabeth Curtis < no role > for the Murder of her bastard child, who were acquitted; with the Speeches of Council, and Opinions of the Judges on several material Cases; faithfully transcribed from Mr. HODGSON's Short-hand Notes; who continues to teach SHORT-HAND in Four Lessons, and to take Trials, &c. on reasonable Terms.

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 15th of SEPTEMBER, 1784, and the following Days;

Being the SEVENTH 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, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VII. PART VII.

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 Kyrin Ryen.

JOHN LUCY < no role > sworn.

Where do you live? - In St. John-street, Clerkenwell.

You know the prisoner? - Yes, Sir, very well, I apprehended him with Carpmeal; we took him before Justice Levy, who referred him to Clerkenwell-green; we went to a public house, and I searched his pockets and found some papers; this is one, an order to be paid the money upon John Welch < no role > , it is not addressed to anybody.

"Sir, please to pay the bearer the prize money due to my late brother John Welch < no role > , lately belonging to his Majesty's ship Asia, and this receipt will be sufficient. I am your obedient servant, William Welch < no role > ."

Mr. Garrow. This is not proved to be anybody's hand writing.

Lucy. He at that time appeared to be under a great deal of anxiety, and said he was very sorry for what he had done, and wished to know if it could be settled; I told him I would serve him as consistently as I could with my duty as an officer.

Court. Before you say any thing more, did you give him reason to hope, or suppose, that if he told you any thing, you would befriend him? - No, my Lord, not at all, I was very sorry for his unhappy situation when, I saw that paper he said he was very sorry for what he had done, and desired to know if it could be settled; I told him I was not empowered, and I would mention it to Mr. Murphy, which I did, upon which he wrote a letter to a person, and signed his name Kyrin Ryen: here are two papers that were found. He said he was very sorry for what he had done, as he had represented himself to be a man of property: I think the letter was to a person at Walworth.

Mr. Garrow. Have you got the letter here? - No.

Then do not tell us any thing about it. How much did Mr. Murphy's bill amount to in this business? - I know of no bill.

You was to consult Mr. Murphy about the propriety of settling of it? - No, Sir, I spoke to Mr. Murphy whether such a thing could be done to serve the man.

Was Mr. Quirk present at that time? - No; I know him.

Was you present at any time with Mr. Quirk, or do you know of any offer being made by Mr. Murphy, that on payment of this bill of fifty pounds, he should be discharged? - No.

Court. Prisoner, now is the time for you to say any thing that you have to say.

Prisoner. At this time I was so ill that I was not out of my room for two months and upwards; I have witnesses to prove that, if you will be so kind as to have them called.

(The Prisoner's witnesses examined apart.)

ROSE CUNNINGHAM < no role > sworn.

I live at the Bird in Hand, in St. Thomas's-street, in the Borough; I have known the prisoner eighteen months.

Did you know him in September? - I have known him eighteen months; I cannot tell the particulars of the year.

Where did he live this time twelvemonth? - This time twelvemonth he was very ill from the beginning of August till the latter end of September, or the beginning of October, so ill that he could not move out of his bed.

Was he confined the first fortnight in September? - He was not out of his room, I was one of the servants that attended him constantly.

Mr. Silvester. You are still a servant, are not you? - Yes, I am.

You are a country woman of the prisoner's? - Yes.

What is your master's name? - My master's name is John Stevens < no role > .

Is he alive? - He is.

He is pretty well, I hope? - No, Sir, he is ill.

Has he any family? - A wife and two children, they are all alive.

Who attended the prisoner during this long illness of his? - No one but the servants of the house.

What was his disorder? - I do not know what his disorder was, but he was so bad he was confined to his bed; he had no physician, surgeon, or apothecary, my master and mistress saw him sometimes: there were three servants; the other maid's name is Rose Turner, and the man's name is James Bush < no role > ; the other maid servant lives there still, the man has left-us: the man now and then attended him, but it was not his business. He was confined to his bed:

How came you to remember the time? - Because I wanted to go out particularly, and I could not; I never was any distance from the house.

Did he take any medicines? - No, he never took any medicines, except water-gruel and broth, he had no physic at all.

Mr. Garrow. I believe his disorder caused him to spit a good deal? - I do not know.

ROSE TURNER < no role > sworn.

I live at the Bird in Hand, in St. Thomas's-street; I have known him, I cannot particularly tell the time, but I think it is better than a twelvemonth: before this time twelvemonth, but not long, he lodged in the house where I live as servant, the last witness lives there now: he was very ill about this time twelvemonth, his illness began the beginning of August, and he could not leave his bed till the latter end of September, nor could he turn in his bed without the assistance of me and my fellow servant; he could not go abroad.

Mr. Garrow. What sort of diet did he live upon? - Broth, my mistress got medicines for him.

I believe there was a particular reason why you women did not interfere about his medicines? - Yes, Sir.

Mr. Reeves. How often did you give him a draught? - I gave him a draught in the morning fasting, and another draught in about two hours after.

When again? - I do not know the particular times when again.

Do not you remember the number of of draughts were altered by Dr. Hooper, do not you recollect that? - No.

Why what was the doctor's name? - There was no doctor attended him, my mistress used to get some medicines for him from St. Thomas's Hospital, from a young man.

Where did he sleep? - In a back room up two pair of stairs.

There was another maid servant lived in the house? - Yes.

What was her name? - Rose Cunningham; I still live there, we both live there.

Who keeps the house now? - The woman that lived in that house then has left it, it is not the same woman that keeps the house now that kept it then.

How long have they been gone? - They, have been gone about half a year, I cannot tell where they are gone to.

Who keeps the house now? - Mr. Stephens.

What was the former man's name? - Andrew Butler < no role > was the name of the former man.

What countryman was he? - I did not ask him what country he came out of.

Prisoner. My Lord, as for the order, I found the order in the street about a month, before I was taken; I have a witness in Court who was by at the time I picked it up.

JOHN DONNELLY < no role > sworn.

Examined by the Court.

I have known the prisoner these eighteen months.

Do you know any thing of an order from William Welch < no role > ? - I was walking with that young man, and he picked it up at the corner of Seething lane, between the Globe and the Navy-office.

Jury. When was that? - About three months ago.

Did you look at the paper when it was picked up? - Yes.

What was it? - It was an order to receive prize money; he said at the time he picked it up it might be of use to some person or other.

What sort of a piece of paper was it? - It was a very small piece of paper, I believe it was a good deal less than a quarter of a sheet; it was a written paper.

You can write yourself? - Yes, I can, the name was signed William Welch < no role > .

How came you not to take it up? - He picked it up himself, and he shewed it me, and put it in his pocket book.

Did he know such a man? - I cannot an swer for that.

What time of the day was it? - In the morning between the Globe and the Navy-office, in Seething-lane.

What sort of a morning was it? - It was a dry morning, it lay upon the footpath as we went along.

Jury. Has this man been in Court during the whole trial? - I only just come in now when I was called.

GUILTY , Death .

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