273. JOHN HENRY AIKLES proceedingsdefend This name instance is in set 44221545. was indicted for feloniously and falsely making, forging and counterfeiting, and feloniously publishing as true, knowing it to be false and counterfeited, a certain promissory note, for the payment of money, with the name John Mason < no role > thereto subscribed, drawn by John Mason < no role > , for 25 l. 10 s. to H. < no role > Byron, Esq ; which said forged note is as follows.

"London, December 18th, 1786. Three

"months after date, I promise to pay to" H. Byron, Esq. or order, twenty-five

"pounds ten shillings:" with intention to defraud Robert Harvey Gedge proceedingsvictim , against the statute.

A second count, For uttering the same, knowing it to be forged, with the like intention.

RICHARD LOCK < no role > sworn.

I am a shopman to Mr. Robert Harvey Gedge < no role > ; I know the prisoner; I have a bill which was presented to me by Mr. Byron. (The bill produced.) On Tuesday the 9th of January last, Mr. Byron called at Mr. Gedge's shop; I did not know him before; he had the appearance of a gentleman; he was very genteely dressed; he called to look at some Irish linens; and ordered some to be left at his lodgings in Poland-street the next morning; I went the next morning and took several pieces of linens, and some handkerchiefs; he Bought four pieces of Irish and twelve pocket handkerchiefs; the whole amounted to about twenty-one pounds; this Mr. Byron presented this bill for payment for the goods; I told him, I could not possibly take it, as I knew neither of the parties, without making enquiries about it; I then asked him who this John Mason < no role > was, the drawer of the bill; he told me, he was a gentleman of fortune, and that he lived at No. 4, Argyle-street; he likewise said, he had great connections with this Mason, that he was concerned with him in a coal mine; I then packed up the goods and sent them home by the porter; I told him, if the bill was approved of I would send him the goods which he fixed on; he assured me the bill was very good, and that I was welcome to every inquiry I though proper respecting it; I sent the goods back to my own home by the porter whom I took with me; I then went immediately to No: 4, Argyle-street, to make enquiries about the bill; I knocked at the door, and a lad let me in; he is not here; I enquired for Mr. Mason; the lad told me Mr. Mason was at home, and desired me to walk into the parlour, and he would fetch him immediately; the prisoner came immediately into the parlour.

Look at him? - I am sure it is the same; I asked him if his name was John Mason < no role > , and he told me it was; I then presented this bill to him. (Looks at the bill.) This is the bill I presented to him; I asked him if that bill was drawn by him; he took the bill into his hand, and looked at it, and he told me it was drawn by him, and it should be paid as soon as it became due; I then left the house, and made some enquiries in the neighbourhood about it; I found he was not known by any person in the neighbourhood; I then immediately went home, and told Mr. Gedge; he said, he would not take the note by any means; we kept the note in our hands three days; the third day Mr. Byron called at Mr. Gedge's shop, to know if we approved of the bill, Mr. Gedge told him, he did not, and could not possibly think of taking it, as he knew nothing of either of the parties; just as he was going out of our shop, a man came in and took him by the arm, and desired him to go with him; he was taken into custody immediately; it was Mr. Lee's man of Charing-cross, a hosier; and he was taken immediately to Justice Hyde's; I know nothing further of the prisoner; this note was presented by Byron.

(The note read.)

"London, December, 18th, 1786;

"three months after date, I promise to

"pay to H. Byron, Esq; or order, twenty-five

"pounds ten shillings, for value

"received, John Mason < no role > , No. 4, Argyle-street,

"Oxford-road. 25. 10 s." - It is not indorsed.

Prisoner. Ask him if he knew me by any other name than Mason till he was persuaded out of it at Bow-street? - I never knew him by any other name, till I saw him in Bow-street; but I knew it was the same person when I came there.

When did you see him in Bow-street? - It was about three weeks after.

How came you to see him in Bow-street? - I was sent for; I went to Bow-street, and there I saw the prisoner.

What business were they about in Bow-street? - The prisoner was taken up.

Did you hear what name he answered to there? - No, I cannot say I did; they told me his name was Aikles.

But did you hear him answer to that name? - No, I cannot pretend to say I did.

Have you ever heard of any other John Mason < no role > answering to this description? - No, I cannot say I have.

JAMES DONALDSON < no role > sworn.

What are you? - I live upon what I have; I let the prisoner at the bar a house, No. 4, in Argyle-building, under the character of John Mason < no role > , Esq; he took the house No. 4, Argyle-building, from me; I live at No. 33, in Berwick-street; after enquiring into his character, of which I had a very good one, from a person that keeps a coffee-house in New Round-court, in the Strand.

What is that person's name who keeps that coffee-house? - I do not know.

When you went to the person in New Round-court, by what name did you enquire after the prisoner? - Under the name of John Mason < no role > , Esq.

And by that name he was known to the person who kept the coffee-house? - Yes.

Did the prisoner go with you when you went to enquire his character? - No; upon the prisoner's signing an agreement with me in writing for the house, which is here.

(The agreement produced.)

Court. Hand me the agreement and the bill? - He signed that agreement by the name of John Mason < no role > ; I did not see him sign it; I left it at the coffee-house, and I was informed by my daughter-in-law he brought it to my house; I found it on my table at my return.

Court. Why are you the witness in this case? is your daughter-in-law here? - No.

Did you draw the agreement? - I drew it myself; the house which I let to the prisoner belonged to a relation of mine whose name is Elizabeth Coltman.

I see you have described John Mason < no role > , Esq; in this way;" of the parish of St. Martin in the Fields, Westminster;" where did you get that description? - From

Did you ever shew him this agreement after it was signed; do you know at all from him, that this name John Mason written at the bottom of this agreement was written by him? - I do not know farther than I have told you; all that I know farther is, when I got the agreement I went and gave the prisoner possession of the house.

When was that? - The beginning of last month.

Did you see him after this agreement was left at your house? - Yes, he came to me after the agreement was left at my house and we went together to the house.

Had you any conversation about the agreement? - I do not remember.

What did you do at the house? - A woman that was looking after the house was there, and I told her she might go about her business, because I had let the house to that gentleman.

Then you put him in possession and turned the woman out? - I did.

How came you to go to Round-court to enquire about him? - The prisoner directed me there; Mr. Bond wrote a letter to me, desiring my attendance at Bow-street.

Did you attend? - I did.

What name did he answer by there? - He went there under the name of Aikles; I know nothing about it farther than hearing him called so there.

When he was called Aikles, did he answer to that name in Bow-street? - I cannot take upon me to swear that.

Prisoner. Whether he knew me by any other name than John Mason < no role > till he was informed? - Never in my life; I never knew him at any rate before.

WILLIAM STURT < no role > sworn.

I am a watch-maker; I live in Poland-street; on the 8th of January, a young gentleman, with the appearance of a gentleman, came to take an apartment in my house; he answered to the name of Byron; I enquired where I could be referred, for his character; he referred me to Mr. Mason, No. 4, Argyle street, for his character.

What time was this? - It was Monday the 8th of January; in the afternoon I went to No. 4, Argyle-street, and knocked at the door; the prisoner opened the door, and I asked for Mr. Mason; he appeared as the person; I told him I was referred to him, by a Mr. Byron for his character: he asked me if it was H. Byron of Case Haughton; I told him yes; he told me he was a gentleman, and a man of fortune, and that I was very safe; I was then satisfied with the character he gave; I never saw Mr. Mason before.

But he was the person answering to the name of Mason at this house? - Yes.

Prisoner. Did you ever know me by any other name than Mason? - No.

Jury. Was you in Bow-street? - I was there.

Can you recollect whether he answered at Bow-street by any other name? - I do not recollect he did.

CHARLES JEALOUS < no role > This name instance is in set 2444. This set is in the group(s): BowStreetOfficers . sworn.

I know the prisoner, I believe I have known him these three years and better; I apprehended the prisoner, on the 27th of January, at a cheesemonger's shop, in Windmill-street, facing the Hay-market; on searching him, I found a pocket-book, with some notes in it.

Did you shew him these notes? - Yes, the papers were all taken out before him.

Did he say any thing about the notes? - He said it was not his pocket-book.

Then we cannot hear what was in that pocket book.

What is the prisoner's name? - John Henry Aikles < no role > .

Why do you say so? - During all the three years that I have known him, he has passed by the name of John Henry < no role > Aikles.

When you first knew him, was he mentioned to you by that name? - The first time I knew him, I saw him tried in this Court, in the name of John Henry Aikles < no role > ; I never knew him by any other name in my life.

Has he always been known by that name in all the transactions you have had with him? - Yes, my Lord, and all the people in our place know him by that name.

Have you at any time heard him say that his name was John Henry Aikles < no role > ? - Yes, frequently he has.

Have you ever called at houses for him in that name? - I cannot say.

Did you ever see the prisoner write? - No.

ANN BIRD < no role > sworn.

I know nothing but seeing the prisoner come into the house, in Argyle-street, No. 4, by the name of John Mason < no role > .

Have you ever known him by any other name, but by the name of Mason? - No, never.

JOHN NEWMAN < no role > sworn.

I knew the prisoner some time before the riots; before the year, 1780, I think he was a prisoner in Newgate then; he has been in custody different times since.

Being in custody, and having known him, tell me what name he has passed by since you have known him? - He was brought a debtor first, by the name of Aikles, and every time all my entries in the books are by that name.

Did you ever know him by any other name? - No; he has been indicted by other names I believe.

Did you ever know him by the name of Mason? - No.

JOHN OWEN < no role > sworn.

I am servant to Mr. Akerman; I know the prisoner; I have known him for three or four years.

How came you to know him? - By being in custody.

Can you tell me whether at different times he has been enquired for? - I never knew him by any other name than John Henry Aikles < no role > .

Did he answer to that name in the prison? - Always.

Was he enquired for by that name? - He always was by that name.

Mr. Knowlys submitted to the Court that this was a true note, with a true description, and that an action might be maintained against the prisoner for it, by the name of John Mason < no role > .

Court to Prisoner. Have you any to say in your defence? - I was going to inform your lordship what countryman I am; I was born at a place called Wolfhausen, in the Prince of Hesse's dominions; my father's name is Henry Mason < no role > , and I was christened in the name of John Mason < no role > ; I believe if your Lordship refers to my first coviction, you will be convinced I am a foreigner, for half of the Jury were foreigners; when I was first taken on the first indictment, which I have suffered for, I was taken up by the name of John Mason < no role > ; but at Bow-street, they had heard I had gone by the name of Aikles, and they called me by that name, and I never contradicted it; I was taken for six days every morning to Bow-street, and kept there till night, and brought in every half hour for tradesmen to see if they knew me.

Court. Can you prove at any time when you first came to England? - I came to England, I think it is twenty-two years ago.

Can you prove at any one time of your life, that you went by the name of John Mason < no role > ? - Yes, if I had money to subpoena people.

Have you any witness here to call, who will tell the Court that he has at any time of your life, known you by the name of John Mason < no role > ? - If I had the priviledge of one half hour: here is a lady here that knows that I have gone by the name of John Mason < no role > .

ELIZABETH MERR < no role > sworn.

What do you know about the prisoner? - He lodged with me some time back.

How long back? - It may be seven or eight years, I cannot say; I keep a house in Wilson's-court, Charing-cross, No. 2; when he came to my house, he told me it was to screen himself from his creditors.

Is that within the verge? - Yes.

Did he tell you his name? - John Henry Aikles < no role > , but afterwards I heard he went by the name of John Mason < no role > , at the Btitish coffee-house, in New Round-court; I heard it from the mistress of the coffee-house.

How do you know he was called Mason at that coffee-house; - I called there upon him in the name of Mason, because I am accustomed to these things, in having gentlemen coming to my house not in their own names, on account of their creditors; he told me his name was Mason, and ordered me to call him by that name.

Jury. Did not you keep the British coffee-house? - Never, Sir; I live at No. 2, Wilson's-court.

How long afterwards was it that he was at your house, that he ordered you to call on him by the name of Mason? - A great while after; I conceived that to be his name; he lived at the British coffee-house two years ago; I called for him by the name of Mason, but he was not at home, but they answered to the name, and said he was not at home; in consequence of that, he called upon me.

Did you ever hear any body call him Mason? - Not in my house.

Any where else? - Only at the coffee-house.

Why you never saw him at the coffee-house? - No.

Did you ever hear any body address him by the name of Mason? - No, I conceiveMason to be his right name, because he told me so, when he told me to call on him by the name of Mason; it is more than two years ago; I cannot positively say to the time; I was called upon to prove his hand-writing by the Grand Jury, at Guildhall, but as I had never seen him write, I could say nothing on the business.

Have you ever been a witness in this Court before? - I never was in this Court before this trial came on.

At any time? - Never in my life.

Did you ever hear this man call himself Mason, except in the conversation to you that you have talked of? - No.

Have you ever had any letter from him? Never.

People enquired for him at your house? - Yes, in the name of Aikles.

Never in the name of Mason? - No, Sir; he at that time kept a house in Bateman's-buildings, Soho-square, No. 6; his wife used to come to him at my house.

What name did he keep it in there? - By the name of Aikles.

The Jury retired for some time, and returned, finding a special verdict, and said they had not the least doubt, but the name of Mason was assumed for the purpose at that time; because, they said, they disbelieved the evidence of the woman; and that it was the sense of the whole Jury, that his name was Aikles, and that the name of Mason was first assumed for this purpose. The Court asked the Jury, if they found that he never went by that name before; to which they replied, never my Lord, we cannot suppose he ever did; Upon which, Mr. Knowlys, counsel for the prisoner, informed the Court, he wished the Jury, having this opinion, would find a general verdict of guilty, subject to the opinion of the Judges.

GUILTY , Death .

The case was reserved for the opinion of all the Judges .

Tried by the second Middlesex Jury before Mr. Justice GROSE.