22. JAMES DUNN proceedingsdefend was indicted for that he, on the 10th day of July last, did utter as true, a false, forged, and counterfeited will and testament, with a certain mark thereto subscribed, purporting to be the last will and testament of John Potter < no role > , with intent to defraud the United Company of Merchants trading to the East-Indies proceedingsvictim .

A Second Count with intention to defraud Thomas News proceedingsvictim and others.

A Third Count with intention to defraud Eneor Burgess proceedingsvictim .

A Fourth Count with intention to defraud Jenny Potter proceedingsvictim .

THOMAS FLETCHER < no role > sworn.

This is the will of John Potter < no role > , I brought this from the Prerogative Court of Canterbury.

Mr. Keys, Prisoner's Council. Who had you that from? - From the record keeper, John Watson < no role > This name instance is in set 1421. This set is in the group(s): GarrowsClients . .

When had you it? - This morning.

EDWARD LOVELOCK < no role > sworn.

I am clerk to Mr. Charles Bishop < no role > ; a person attended the 10th of July to prove the will of John Potter < no role > , and a probate was granted of the will; I do not know who brought it to our office, I wrote the jurata upon it.

JOHN FLEMMING < no role > sworn.

I am an attorney; in the beginning of July last, the prisoner applied to me respecting some wages he said he was due to him, for the Rodney East-Indiaman < no role > ; I desired him to leave the will, and I would make enquiries at the India House.

Court. How did he claim to John Potter < no role > ? - As executor; I verily believe this is the will; in consequence of his application I went to the India House, to enquire what wages was due, and found there were forty pounds due to him, I returned the will to the man, and gave him directions to Mr. Charles Bishop < no role > , in Doctor's Commons to make out a probate of the will; in the course of a day or two, or three, I received a probate of the will from Mr. Bishop, I appointed to meet the man in the city, that I might attend him to the India House; I attended him there, and Mr. Burgess then began to interrogate him, and I found him a suspicious kind of a character, and I left him to Mr. Burgess.

Mr. Keys. Are you quite sure as to his person? - Certain of it.

As to the will you made no memorandum on the will, at the time you received it? - None at all.

Therefore you have no certainty of the will, only a will of that import, or a will like that, has been in your hands? - I will not say this is the will, I verily believe it to be the same.

Court. I presume you read the will, and looked at it? - I read it, and have not any doubt but that is the same will.

Court to Mr. Fletcher. Upon whose oath does the probate appear to have been granted? - Upon the oath of James Dunn, ole executor; here is the book in which she original minutes of the Court is kept (reads)

"on the first sessions of Michaelnas term 1784, the probate was revoked, and administration secured to Jenny Potter, widow and relict of the said deceased."

- BIRCH Esq. sworn.

About the 12th of July last, the prisoner at the bar came to my office, at the India house, in company with Mr. Flemming, who has been just now examined, and produced the probate of the will annexed to John Potter < no role > , a seaman on board the Rodney, I was called out from where I generally fit, and I asked him if he was the person named in the will as executor, he said he was, I then asked him if he was a relation of the deceased, he said he was a second cousin, that Potter's Mother's name was Dowding, and sister to James Dunn < no role > , I asked him if he had received any money, as absent money for the deceased; as being attorney to the deceased, I called for the book and found none had been paid, I observed the mark to the will, and I asked him if Potter could write, he said he never could write, I asked him if he was present at the time that Potter executed the will, he said he was, and it was executed at the Crooked Billet, at Gosport, or Portsmouth, but I am not clear which, I asked him if he was acquainted with the witnesses, he said he was, he said that Bush was Boatswain of the Perseus, and William Johnson < no role > , the other subscribing witness, was a waterman at Portsmouth, I asked him what was the age of Potter, he said about thirty nine at least, he did not look older, then I ordered one of the clerks to bring me the muster roll of the ship, in which I found Potter's name was entered, and aged fifty-two: having suspicion in my own mind that the will was a forgery, I put off paying the money; the next time he came which was a few days afterwards, he persisted in the same story, I put the same several questions to him that I did before, and I repeated the question, particularly about his writing, because at that time, I had evidence in my pocket, or in the office, that the man could write a very good hand, and I particularly asked him about his age, and appearance, the prisoner persisted in the same story, and the third day when he came I charged a constable with him.

EDWARD KING < no role > sworn.

I am purser of the Rodney, I knew John Potter < no role > , I should suppose he was about fifty five, between fifty and sixty, from his appearance, there was only one man of the Potter on board, I have not a list of the names of the men, but I know there was no other.

Burgess. I have the ship's ledger here.

Mr. Silvester. Could he write? - Yes.

Have you ever seen him write? - He wrote that in my presence, it is the receipt book for the slops.

Do you know when he died? - At St. Helena, the 14th of March, 1784, on a homeward bound voyage.

When did he go on board, at Portsmouth? - I do not remember the day.

Burgess. The 22d of July, 1782.

CHARLES RUSSEL < no role > sworn.

I live at Portsmouth, I am a navy agent, I knew John Potter < no role > , when he came to me he did not belong to any ship, he was discharged from the Medway to Hasler hospital; and from thence he went to the Mars, after he was discharged unserviceable from there, he came to me to make him out a power of attorney, to receive some prize money for the Medway, I saw him sign this, I received some prize money, one pound two shillings and six-pence.

JAMES WARD < no role > This name instance is in set 1418. This set is in the group(s): GarrowsClients . , sworn.

I am a seaman on board the Rodney, I knew John Potter < no role > on board the Mars hospital ship, he told me he had been on board the Medway before.

Mr. Silvester. Where did Potter die? - At St. Helena, he said he had a wife and Children at Exeter, and a brother at St. John's Newfoundland, he said he was born at Exeter.

MARY RUSSEL < no role > sworn.

I live at Portsmouth Common.

Did you know John Potter < no role > ? - Very well, he came to me and said he was an invalid from the Mars, he asked me if I was acquainted with any of the officers on board the Rodney, he went on board the Rodney, with me, and remained on board, I never heard him say what ship he was of before.

THOMAS STEBBING < no role > sworn.

I am clerk in the Navy Office, I have the ships books of the Medway, here is John Potter < no role > quarter gunner.

Where was the vessel in April 1781? - The 15th of April 1781, she was at Gibralter, she sailed from thence, she arrived at Spithead the 7th of June; Potter appears to have been on board all that time.

Court. Does it appear from the Medway's books when Potter was discharged? - I have not the books here, but I remember looking into them.

Court. That will not do? - Who was boatswain of the Perseus? - James Burratt < no role > , from the 17th of September, 1780, to the 12th of April 1782.

Is there any such man on board as Alexander Bush < no role > ? - No such man, there was a Thomas Bush < no role > came as acting boatswain, when Burratt left the ship, I have examined, and there is no such man of that name before 1782. Thomas Bush < no role > entered on board in April 1782.

(The will read and the indictment examined by Mr. Keys.)

JENNY POTTER < no role > sworn.

Court. How do you make Jenny Potter < no role > a witness? - She has letters of administration.

Court. But if this is a genuine will, these letters of administration may be again revoked, she cannot be a witness against this will as forged, which takes all her husband's property.

Mr. Silvester. You have seen Potter's writing, look at this, is this his hand writting? - Yes, I believe them to be the hand writing of Potter.

Court to Prisoner. Where are the witnesses you had last session? - They are gone to sea.

PRISONER's DEFENCE.

That will was made and delivered to me at Portsmouth, in the presence of two or three people, who attended here last sessions, and the sessions before.

Court to Mr. Silvester. This trial was put off for the purpose of revoking the administration.

Mr. Keys. It may be in your recollection Sir, that I opposed the motion, to put off the trial, on account of his witnesses being in danger of going away.

Court to Prisoner. Who are these subscribing witnesses? - One is Alexander Bush < no role > , he is gone to America, he said he was boatswain of the Perseus, at that time, and the other was Johnson, the waterman at Portsmouth; Neale was present, and two or three others, in a large room where they were drinking.

Court. Was this John Potter < no role > a relation of yours? - Yes.

Where was he born? - He told me he was born in the Isle of Wight, I knew nothing of his family, I have been constantly at sea, I was acquainted with him about twelve years, I knew he was a Cousin of mine, by what I heard my father say, and he acknowledged himself.

Do you know whether that John Potter < no role > that signed this will, had any wife or children? - He never told me, I never asked him, he might for ought I know; I have nobody to my character.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.