463. (2d. M.) JOHN HITCHCOCK proceedingsdefend was indicted for that he having in his custody a certain paper writing, purporting to be a promissary note , as follows

Received 30 May 1768, of the Amicable Society, held at Mr. Thomas Langfield < no role > 's, the Green Man, in Bedford Street, the sum of fifty pounds, by the hands of George Robinson < no role > and David Dennison < no role > , members of the said society, which we promise to account for, on demand, with the interest of five pounds per cent. per annum.

Thomas Barber < no role > for Mr. Pearse and self.

50 0 0

Upon the back of which said promissary note, on 19th March last, (the said note being due and unsatisfied) feloniously did forge and counterfeit a certain receipt, for the principal and interest, due on the said note, as follows,

Received May 19th, 1772, of Mr. Pearse, the principal and interest, for one year and eight months, in full for the within note, for the Amicable Society.

Per me Thomas Tomkin < no role > .

54 3 4

with intention to defraud the said Thomas Barber < no role > and Richard Pearse < no role > against the statute, &c.

The 2d Count for feloniously uttering and publishing the said receipt, with intention to defraud the said Thomas Barber proceedingsvictim and Richard Pearse proceedingsvictim , against the statute, &c.

There were several other Counts, charging the said forgery, and publishing as true the forged receipt, to be done with intention to defraud divers members of the said Amicable Society. March 19 th. *

Edward Bark < no role > . I am clerk to a society, called the Amicable Society, at the Green Man, Bedford Street, Covent Garden.

Council for the prisoner. Are you a member?

Bark. No.

Q. How long have you been clerk?

Bark. Ever since the 3d of September. Hitchcock became a member of that society on the 4th of August, 1766. He became a steward on the 5th of November 1771; (the note shewn him.)

Q. Did you ever see that before?

Bark. Yes; before it was missing the 5th of January, the quarterly night.

Q. Where did you keep the money of the society?

Bark. In the box. The keys are kept by the two stewards, each has one, and the landlord of the house has another. On the 5th of January I saw the prisoner put the note in the box; the box stands before the stewards and me.

Q. Did it continue open any time?

Bark. No.

Q. It was opened several times?

Bark. Yes; but not after he put it in, for that was the last thing; I did not see it afterwards, till I saw it at Mr. Deacon's, just before the last sessions.

Q. Are you sure that is the note?

Bark. Yes.

Q. What was wrote on it when it was put in the box?

Bark. A receipt for two years interest before.

George Mutter < no role > . I keep the Green Man, in Bedford Street, where the club was held.

Council for the prisoner. Are you a member of this society?

Mutter. No; this is the note I received of Mr. Pearse; I received it the day after the half yearly night. About the 8th or 9th of April, Mr. Pearse delivered it to me in his own counting house.

Q. Did you go to the magistrate with it?

Mutter. Yes.

Richard Pearse < no role > . I am a brewer in Westminster; I had a partner in 1768, one Barber.

Q. That note is a good note given by you?

Pearse. Yes.

Q. Was that brought to your house for payment?

Pearse. Yes; I knew the hand writing, and paid the money on the 19th of April, 1772, to the man in whose possession it was.

William Sedgwick < no role > . I am clerk to Mr. Pearse; the prisoner brought the note. Mr. Pearse was out of town; he called again, and I paid the money, and he signed his name Thomas Tomkins < no role > . He said he was a steward of the society; he said the society was become poor by losses, and found it necessary to take the note up.

Cross Examination.

Q. It was paid on the strength of his representing himself as steward of the society?

Sedgwick. Yes.

Q. In fact he was steward of the society; did you know that?

Sedgwick. No.

Q. Was you present when the name Thomas Tomkins < no role > was put?

Sedgwick. Yes; I gave him the pen to do it.

Q. to Bark. Who were George Robinson < no role > and David Dennison < no role > ?

Bark. Members of the society; they were stewards in 1768; the notes are always given in the stewards name.

Q. Don't the present stewards receive the money?

Bark. No: the stewards that put it out, and the present stewards go together to receive it, by the consent of the society.

Q. Who is Samuel Cockson < no role > ?

Bark. One of the members of the society; he was a steward when he received the 5 l. interest.

Q. to Mutter. Did you between the meeting of the 5th of January and the 8th of April open the box, in the company of Hitchcock?

Mutter. No.

Q. to Bark. Was it open all the time of doing the business?

Bark. It is unlocked; but shut from seven to nine; the box is in the society.

Cross Examination.

Q. Then from seven to nine the box is not locked?

Bark. Sometimes it might.

Q. Who puts the money in the box?

Bark. The head steward, which Hitchcock then was.

For the Prisoner.

John West < no role > . I am one of his Majesty's joiners to the Board of Works; I have known him sixteen years; he is a carpenter and joiner ; he had the character of a sober, honest and industrious man; part of that time he worked under me (about three years;) he was a diligent, pains taking man. He has generally had a large family; he has now only two children, and his wife is down-lying.

Edward Germain < no role > . I am foreman to Mr. West; I have known him between five and six years; he is a sober, industrious, honest man.

Another witness. I am master of a vessel; I have known him from his infancy; he has the best of characters. He lay in a room of mine five nights, where there were above 100 l. in a desk.

Francis Luton < no role > . I am a taylor; I have known him thirty years; he has the best of characters.

Guilty . Death .