6. (M.) Solomon Peters proceedingsdefend was indicted for that he did falsly and feloniously make, forge, and counterfeit a certain promisory note, for the payment of 33 l. 13 s. to himself, with the name James Bell proceedingsvictim subscribed thereunto, and publishing the same, knowing it to be falsly made, &c. with intent to defraud the said James , Oct. 10 .*

John Peirt sworn.

Q. Are you bail for the prosecutor James Bell < no role > , in an action brought against him by the prisoner at the bar?

Peirt. I am.

Q. On what account is that action?

Peirt. On a note.

Q. For how much money?

Peirt. For 33 l. 13 s.

Court. He cannot be a witness, he is interested in the event of this trial with the prosecutor; had that bail been taken off, he had been a good witness.

Council for prosecutor. Then we are deprived of our principal evidence. We say the prosecutor did borrow three guineas of the prisoner, and gave him a promisory note for it in figures. After which this note now depending was forged, and the money demanded by the prisoner.

Hugh Scot I never saw Mr. Bell write but once, which was this receipt (producing one.)

Q. Can you say you are acquainted with his hand writing?

Scot. I can't say I am.

Q. Look at this note for 33 l. 13 s. and compare it with that given to you, see if the hands agree or not.

Scot. There is some difference.

Mrs. Lewis. I went up stairs to Mr. Bell for change for a guinea; there were Mr. Peters the prisoner and he in a little room together.

Q. Where was this?

Mrs. Lewis. This was in Mr. Bell's house. I ask'd Mr. Bell for a silver for a guinea; he said he was about a little business, that he had borrow'd three guineas of Mr. Peters unknown to his wife, and he would pay him it, but Mr. Peters being going into the country, rather chose to have a note of hand than the money. Mr. Bell said this is 3 l. 3 s. Peters said yes, this is all one to me. Mr. Peters was writing.

Q. Had you the note in your hand?

Mrs. Lewis. No, I had not.

Q. When was this?

Mrs. Lewis. This was on the Monday before Mr. Bell was arrested.

Acquitted .

The note was deposited in the hands of the clerk of the arraigns to be produced on the trial.