198. JOHN MURRAY proceedingsdefend was indicted for that he, on the 8th of September last, did appear in his proper person, before the Worshipful Andrew Coltee < no role > Ducarell, L. L. D. < no role > then surrogate to the Right Worshipful Dr. Calvert, and did produce and exhibit a certain paper, partly printed and partly written, with the name William Hoar < no role > , thereto subscribed, and then, and there, feloniously did take a false oath, to the purpose and effect following, that is to say, that that paper contained the last will and testament of William Hoar < no role > , and that he was the executor; whereas in truth and in fact, it did not contain the said last will, and he was not executor thereof, with intent to obtain the probate, in order to receive the wages and pay due from our said Lord the King proceedingsvictim against the statute .

The indictment opened by Mr. James, and the case by Mr. Silvester.

THOMAS STEBBING < no role > sworn.

I belong to the Navy-office.

Have you the books of the Gibraltar there? - Yes.

Can you inform the Court whether there was such a man as William Hoar < no role > , as quarter-master? - No.

Does there appear upon the book, a man of the name of Orr? - Yes, as quarter master, entered the 18th of January, 1782. and died the 20th of June, 1783.

Does there appear any such name as Hoar, before that time? - There was not, there books are kept by the Captains of the ships, and returned to the Navy-office, signed by the Captain, and three other officers.

Court. Have you looked over these books? - Yes.

You have examined the books of the Gibraltar carefully? - Yes, I find William Orr < no role > comes from the Fortitude, to the Gibraltar, and is there entered a quarter-master.

Mr. Garrow, Prisoner's Council. Are there two Gibraltars in the service? - This Gibralter was the Phoenix.

Was there an old Gibraltar? - I believe there was, a great many years ago.

Was there a Gibraltar during the last war, distinct from this? - I believe I have heard of a Gibraltar armed brig.

Was there another Gibraltar in the year 1781? - I really cannot say.

Court. You have been desired to examine the book, is there any person of the name of Hoar, or Hore, or Hoore? - None resembling the name, except this William Orr < no role > .

Mr. Garrow. You have told us that you are in the Navy-office? - Not at present.

In what department? - In the ticket-office.

What relation has that ticket-office to the book, that you now produce? - The books are produced in that office, signed by certain persons.

Did you see them sign it? - No.

Do you know their hand writing? - No.

Do you know from whom it came? - It came from the Captain of the ship.

- SPECK sworn.

I am clerk to Messes. Marsh and Abbot, Proctors, in Doctors, Commons, on the 8th of September last, the prisoner came to the office accompanied by Mr. Lacey, he brought another person at the same time, to prove a will, he had brought several, I wrote the oath on both the wills, and took him before Doctor Ducarell < no role > , to get hin sworn, as the executor in those wills, when I came back to the office, Mr. Lacey desired I would expedite them as fast as I could, he asked me if I could get them done in the course of the afternoon.

When this man came to prove the will, you say you wrote the oath on the back of the will? - Yes, and took him to Doctor Ducarell < no role > , who is the Surrogate.

- FLETCHER sworn.

This is the will of William Hoar < no role > , I brought it from the Prerogative office.

Speck. This is my hand writing,

" James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . the sole executor named in the within will, was duly sworn, as such, and that the whole of the deceased effects, will not amount in value, to the sum of one hundred pounds.

Did you attend before my Lord Mayor, when this man was examined? - Yes, he denied ever having been in the Commons, or ever having seen me any where.

Now look upon him? - I am sure as to the man, I have one very particular reason to explain to you why I think it; when I had him before Doctor Ducarell < no role > , and he kissed the book, he put his thumb in this manner, and kissed his thumb twice, I asked him what he meant by that, and I made him kiss the end of the book, the third time, he said nothing else before my Lord Mayor.

Court. You are a witness to this oath? - Yes.

Then you was present with the Surrogate, and saw the prisoner sworn in the usual manner? - Yes.

And all that is at the back of the will, excepting the signature, is your hand writing? - Yes.

Who gave you instructions for writing what is below the attestation? - Nobody in particular.

How came you to put it down? - We always give them the description what they were on board of ship, I asked the prisoner, and in consequence of his information, I wrote that description on the paper.

Mr. Garrow. I see that the Doctor's certificate is, that somebody, whom you take to be the prisoner, swore that he was the executor, and that the effects of the testator did not amount to such a sum? - Yes.

That was the purport of the oath? - Yes.

And that was all? - Yes.

How many people do you think, you have carried since September, and in September, down to the present time, to be sworn? - It is impossible for me to tell.

Some hundreds? - There may be so, but not so many of late, owing to so many having suffered.

Not so many of late, but you cannot tell what it is owing to; is it at all singular for a man to kiss his thumb instead of kissing the book, I know it happens in the common law courts frequently? - I took particular notice of it.

Who is this Lacey, he seems a wholesale dealer? - He came frequently.

Generally with people that cannot read or write? - I have seen marks.

Did you see the prisoner sign any name? - No.

But you saw him make a mark? - Yes.

Court. Did the prisoner at the bar, put his mark to any thing? - Not that I saw.

Why you have sworn that he did put his mark? - He brought a will signed William Hoar < no role > .

You do this business so often, that you cannot mistake it? - No, I should think not, I never saw the prisoner but twice.

- KNIGHT sworn.

I attended before my Lord Mayor.

Are you confident of the person of the prisoner? - I am very sure he is the man; on the 3d of November I happened to be befor my Lord Mayor, and a person of the name of Griffin was under examination, he is now in custody, for a forgery on the East-India Company, this man appeared as an evidence on behalf of that Griffin, he appeared to give an account of the manner in which Griffin obtained the possession of the will, he was then under examination, for upon his name being called John Murray < no role > , and my speaking to my Lord Mayor, my Lord Mayor asked him if he ever proved any will in the commons, he said no, he never proved a will in his life.

Court. Was his examination taken in writing? - No, my Lord Mayor desired him to stand on one side till Griffin's examination was over, but he took an opportunity to quit the room, and was not seen for two or three days after; when Griffin was again examined, I mentioned my suspicion, and the Lord Mayor ordered him to be taken into custody, he was then asked, and also upon his examination, which I believe was the 6th, he was asked whether he ever proved that will, he said no, he never did, he was asked whether he was described in the will, as the well beloved kinsman of the deceased, if he knew the deceased William Hoar < no role > , he said he never knew any such person; I desired the last witness to be present at the examination, and Mr. Speck upon that gave evidence, positively swearing he had been to prove the will of William Hoar < no role > , he said he never saw Mr. Speck, or knew any thing of the transaction.

Did the prisoner say any thing more respecting this business, or respecting himself? - It does not occur to me he said any thing more.

Then the first time he attended as a voluntary witness? - Yes.

He was apprized of your suspicion? - I do not know.

At the distance of two days he came again, as a voluntary witness? - He did.

Do you know Mr. Lacey? - I have seen him once.

You know him in your official character? - I believe Lacey has been the forger of a great number of wills.

JOSEPH MANGROVE < no role > sworn.

I was a seaman on board the Gibraltar, I knew William Orr < no role > , he was quarter-master.

Did you know him on board any other ship? - No.

How long did he serve? - About two years, he made a will just before the action came on, that was in June, I saw it after it was done, he often told me he had a father.

Did you know on board that ship, any man of the name of Sullivan, or John Murphy < no role > ? - No.

Mr. Garrow. How long was you on board? - Two years and a half.

Mr. Silvester. Was there any such man on board that ship as William Hoar < no role > ? - Only one, and he was quarter-master.

You do not pretend to remember all the names? - I remember only one.

Do you state the names of all the people that were pressed in, and turned out? - No.

How many was the complement of that ship? - I cannot say.

Upwards of six hundred, was not it? - I believe it was.

It was an eighty gun ship? - She was.

She was in the room of one that was lost? - I believe she was.

Do you know the Gibraltar brig, and store ship? - No.

It appearing that this oath was taken in the name of James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . , and he being indicted by the name of John Murray < no role > , it was not charged in the indictment, that he pretended to be James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . , and took an oath as such, although he was a different person, and the names of William Orr < no role > and William Hoare < no role > being so essentially different, the Court informed the Jury that there was nothing to put the prisoner on his defence, and he was ACQUITTED .

Tried by the second London Jury before Lord LOUGHBOROUGH.