199. THOMAS WAGG proceedingsdefend was indicted, for that he, on the 27th of October last, feloniously did utter and publish as true, a certain false, forged, and counterfeited will and testament, partly printed and partly written, subscribed by one Charles Lightowler < no role > , as, and for his last will, with intention to defraud our Lord the King proceedingsvictim .

A Second Count, for uttering the same with intent to defraud Samuel Day proceedingsvictim .

The witnesses examined separate, at the request of the prisoner.

WILLIAM DICKENSON < no role > sworn.

I was clerk to Mr. Jones, when the prisoner came to the office, which was in October, I perfectly remember the man, he came to obtain a probate of a will, he said he was the executor, he said nothing about any person whose will it was; he was sworn, he went before the Surrogate, and the usual oath was admininistered.

THOMAS CARPMEAL < no role > This name instance is in set 2429. This set is in the group(s): BowStreetOfficers . sworn.

I am one of the officers of Bow-street; (Produces the will) this was given to me by Justice Addington, who had it from the prisoner and Mr. Burgess. Mr. Reynolds has had it, but it is the same will, I was present when the prisoner signed it, and when Mr. Burgess signed it before the Magistrate.

(The will shewn to Mr. Dickenson.)

Mr. Dickenson. It is the same will, I know it by the writing that appears on the back, I wrote the Jurata, which is on the back.

(The will read.)

Mr. Silvester. Did you hear what the prisoner said before the Magistrate? - Yes, they came to the Brown Bear < no role > .

Court. Hand me up the will; who wrote those words,

"the deceased belonged to his Majesty's ship," &c. who gave you that description? - The prisoner at the bar.

Are you sure of that? - Very sure.

You are clear you took that description from him? - Very clear.

Carpmeal. Burges and the prisoner came to me, and asked me if I knew Mrs. Lightowler, I said yes, she lived next door to me, they said she had taken a false oath, by taking out administration, for young Lightowler had made a will to this man.

BENJAMIN JONES < no role > sworn.

Was there administration granted to the mother of this man? - I only saw that the clerk had made such a notification, probate was refused to the prisoner on account of the administration.

Court. How came they to administer the oath to this man if they had granted administration? - It was not known till it came into the office.

Carpmeal. Knowing the mother before he went out, the prisoner and Burgess shewed me the will, and told me they had been to the Commons, and found she had administered; I told them they had better wait till the Magistrates sat, and then acquaint them with it, in the mean time I applied to Mrs. Lightowler, her name is Day now, and I acquainted her, that there were two people with a will of her son, who I understood was lost in the Ville de Paris.

Did they wait to see Mrs. Day? - They were waiting to go before the Magistrate, and I told them they had better go and ask him.

What did they complain of? - They wanted to see Mrs. Lightowler, they complained she had taken a false oath, for the prisoner had a will and power, and they waited to see her, they waited three or four hours, and when the Magistrate sat, they went over with Mrs. Day and her son, when Mrs. Day came to the Office, they produced the will, the prisoner said he had the will from Charles Lightowler < no role > , at New York, that Lightowler was sick at quarters, and this prisoner attended him; he told the Magistrate he lent Lightowler some money while he was at sick quarters, Mrs. Day then produced some letters of her son's writing; I cannot be sure that he mentioned the name of the ship.

Was this man's examination taken in writing? - I do not know, the prisoner was asked what sort of man he was, he said, he appeared to be about eighteen or nineteen, that he was a man of about five feet seven, pitted with the small-pox, and dark hair, he said dark hair, and we all said, that we knew him perfectly well, many years before he went out, and that he had light hair, and was not marked with the smallpox.

RICHARD JEFFRIES < no role > sworn.

I knew Charles Lightowler < no role > perfectly well, I have seen him write often, I was acquainted with his hand-writing.

Are you sufficiently acquainted with his writing, to tell us whether this is his? - I knew him from the first time that ever he wrote the first copy.

Court. Did he write a pretty good hand? - Yes, a very good hand. (Looks at the will.) I do not believe this to be his signature, to the best of my knowledge: I was present at Bow-street.

Court. Tell us what passed; was what the prisoner said taken down in writing? - Yes, I believe it was.

What reason have you for believing the name of Charles Lightowler < no role > , signed to that paper, not being his writing? - By so often having seen his writing, and I was so well acquainted with his writing I thoroughly knew it.

Is that the same kind of writing? - No.

What particular reason have you for thinking this is not his hand writing? - He always left the letters open, the L and Hopen at top, and the R's were not the same, to the best of my knowledge I do not believe it to is his hand writing; I believe he had been abroad about three years.

Mr. Alderman Watson. You say you have examined the written part of this will? - I have.

Do you think that any part of the written part of this will is the hand writing of Mr. Lightowler? - I do not.

JOHN FOWLER < no role > sworn.

I know Charles Lightowler < no role > , the son of Mrs. Day, I taught him to write five or six years ago, I suppose he was then about thirteen or fourteen; I have not had occasion to know much of him since.

Look at that will. - It does not appear to me to be any part of his hand writing.

Court. Has it often happened to you to know these young persons hands whom you have taught, some time afterwards? - Yes, it has.

Then pray, Sir, have you not very frequently observed the hand writing of persons to change very much, after they have learned to write? - Yes, I have.

ANDREW < no role > M'LANE sworn.

Did you know Charles Lightowler < no role > ? - Yes.

Have you seen him write? - Many a time.

Look at that signature, and tell us if that is his hand writing? - It is different from his general mode of writing, I should think it was not, but I will not swear to it positively; I was ship's steward when he was on board, then I was Captain's clerk after he went away.

Was he ever at sick quarters at New-York? - Never, we were at New York from about the 14th or 15th of November to the 1st day of December, 1780, he never was at sick quarters during that time.

Can you undertake to say positively, the deceased was never on shore at New York? - I cannot say he was not on business or pleasure.

Have you not been frequently at New York? - I have been frequently on shore there.

Do you remember there was any seaman on board the Prince William of the name of James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . ? - I do not remember any of that name.

Any body of the name of Thomas Williams < no role > ? - I do not recollect whether there was or no, I do not recollect any such person as James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . on board.

BENJAMIN SWIFT < no role > sworn.

I was surgeon's mate on board the Prince William.

Did you know Charles Lightowler < no role > ? - I did, he was Captain's clerk, I knew his hand writing. (Looks at the will.) That is not his hand writing; I was with him at New York, I messed with him some part of the time, we were there three months.

Was there any person on board of your ship of the name of James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . or Thomas Williams < no role > ? - No.

Court. You have often seen him write? - I have frequently.

Are you well acquainted with his hand writing? - I know it perfectly well.

Do you think it quite unlike his hand writing? - I do.

RICHARD LIGHTOWLER < no role > sworn.

What relation are you to the deceased? - Brother.

Have you given a release; do you mean to claim any part of the effects? - I have released all claim; when the prisoner was examined before Sir Sampson, I did then say, that I believed the two first lines were the writing of my brother, but I had not so good a view as I have had since.

Was the examination taken in writing? - I cannot say.

Prisoner. When I first shewed him the will, did not he acknowledge it, to be his brother's hand writing, and asked me how I came by it? - I did not.

A WITNESS sworn.

I knew Lightowler, I served on board the same ship. (Looks at the will.) I do not think it is his hand writing.

Court to Lightowler. Then when you was examined, you rather inclined to think it to be his hand writing? - Yes, upon a former examination.

Court. Suppose you had seen this piece of paper, or that piece of paper, could you have doubted whether it was his hand writing? - I could not, I believe that paper to be my brother's.

THOMAS FAWCETT < no role > sworn.

I know his hand writing, that is not at all like his hand writing.

Court to Swift. How long was the Prince William at New York? - I think about three months, I cannot charge my memory, we left New York some time in December, it was either the latter end of November, or beginning of December.

Court. I suppose the men were frequently on shore at New York? - I recollect his once going on shore, on the 14th of November, 1781.

RICHARD BURGESS < no role > sworn.

Relate all you know of this. - On Wednesday the 3d of November, the prisoner at the bar made application to one Mr. Comford, a dealer in clothes, he says to him, you have known me a good while, I was committed to Tothill-fields, Bridewell.

Court. I will not examine him to the declarations of the prisoner; do you know any thing of the matter, except what the prisoner has told you? - Yes; I was in person with the prisoner at the Brown Bear < no role > , by Mr. Jones's desire, it was wrote upon the will,

"Mrs. Day, dealer in clothes, Bow-street, Covent-garden." Mr. Jones said he should be glad to see Mrs. Day, then I went with the prisoner to Mrs. Day, at the hoop and petticoat warehouse; I went in and asked if that was Mrs. Day's, she was not at home, the prisoner asked young Mr. and Mrs. Lightowler, whether they had not a brother cast away in the Ville de Paris; they said they had; I said, Mr. Jones, the proctor would be glad if Mrs. Day could come to him; they both of them looked at the will, and they said they believed that must be a forged will; young Mrs. Lightowler says to her brother, go next door and fetch Mr. Carpmeal, the officer; the man said they might fetch whom they would: no officer came, and we were at full liberty; Mrs. Day said, at the examination, she looked upon some part of the will to be her son's hand writing: we went into the Brown Bear < no role > .

What ship did Wagg belong to? - I do not know.

Court. Look when the deceased was turned over from the Triumph to the Prince William? - The 21st of June, 1781.

Lightowler. I saw my brother the 5th of November, and twenty-four days before this was executed, my brother came on board the Barsleur to see me, he was then upon very good terms with all the family.

Prisoner. Ask him, whether he did not acknowledge the hand writing to be his brother's hand writing?

PRISONER's DEFENCE.

In the first place, when I saw Mr. Lightowler, he was very genteelly dressed; he was going to sell a white shirt that very day, when I first became acquainted with him, I did not belong to a King's ship, he had a blue coat on, he used to use a house that I did, seeing he was a man of war's officer, I lent him money many different times; when I was going away from New York to Charles Town < no role > , he said to me, I will make you a will to take to England.

Who was James Murray < no role > This name instance is in set 1419. This set is in the group(s): GarrowsClients . ? - He was a man that lived on me, and Williams kept the Plate of Oysters, in the Fly Market at New York; I told Mr. Lightowler my witnesses were at New York.

GEORGE COMFORD < no role > sworn.

I have known the prisoner a great many years, I never saw any thing of him but a very honest man, as far as ever I knew.

What are you? - I keep a clothes-shop in Rosemary-lane.

What is the prisoner? - A seaman.

Can he read and write? - Not that I know of, I never saw him write.

JANE WRIGHT < no role > sworn.

I have known the prisoner, he has lived with me two years.

What character does he bear? - A very good one, he was a very sober, honest man.

Where do you live? - In Virginia-street.

Court to M'Lane. I think you say you succeeded Lightowler as Captain's clerk? - Not immediately, there was one intervened, I was on board when Lightowler was turned off as Captain's clerk, the 15th of April 1782, he continued Captain's clerk till he left the ship.

In what situation did he go on board the Formidable? - In the same situation.

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.