635, 636. (L.) CHARLES NANGLE proceedingsdefend and MARK LOVE otherwise MAGRAH proceedingsdefend were indicted; the first for having in his custody and possession a certain bill of exchange called a bank post bill, bearing date the 28th of June, subscribed by Jeremiah Thompson < no role > , for the governor and company of the bank of England for 50 l. payable to Mess. Coiston and company ; the other prisoner for forging and counterfeiting an indorsement with the name Robert Swyer < no role > , with intention to defraud William Barrett proceedingsvictim .

Second Count, both charged with uttering and publishing as true the same, knowing it to be forged with the same intention.

Third Count, with the like forgery as in the first, only instead of saying upon a bill of exchange called a bank post bill, it is called a promissory note for the payment of money.

Fourth Count, with the like uttering as in the second, only with the same distinction as in the third count, June 28th. ||

William Harriman < no role > . I am clerk to Mess. Colston; I went to the bank on the 28th of June last and desired four bank post bills three fifties, and a thirty-six pound eighteen shillings and fourpence, to be made payable to Robert Swyer < no role > of Shaftsbury or his order; I put them in my pocket and went home; this was about two o'clock on Tuesday; the 28th of June in going home, somebody in an alley pushed against me; I thought it an accident and did not lay any stress upon it; when I got a little further I put my hand in my pocket and missed my pocket book; I went home directly and acquainted the head clerk with it; after that I went to the bank and got the numbers of the bills, which were 7800, 1, 2, 3; was advertised them next day; I went to the bank for the numbers, within about half an hour after I was robbed.

Matthew Vernon < no role > . I am an officer in the bank: (produces a bank post bill for fifty pounds, which is read and corresponds with the indictment); the name Thompson is Mr. Thompson's hand writing; the bill was duly signed, and brought for acceptance next morning about ten o'clock; there were no other bills of that day that correspond in number and sum with this.

Harriman. The bill produced is one of those I received from the bank; I know it by a blotch in the name.

William Barrett < no role > . I live in the Minories; both the prisoners came to my shop on the 28th of June and bought goods to the amount of four pounds seventeen shillings and ten pence; they offered a bank post bill, payable to Robert Swyer < no role > or order; that is the bill that is now produced; I looked at it and told them that as it was payable to Swyer or order, it required an indorsement; upon this Nangle took a pen and indorsed it, and the other man, before he indorsed it, whispered to him; and he was present when it was indorsed.

Court. Look at the indorsement?

Barrett. That indorsement was wrote by Nangle; Nangle was the man who offered it in payment; I paid the difference in cash, and each of them took a parcel of the goods I had sold them; they were done up in two parcels; Mr. Pierrepoint called upon me that night, and I paid him that bill in part of an account we settled between us; it was Nangle who immediately bargained for the goods; but the other interfered so far as to say whether they were bad or good, or he liked the quality of them; I afterwards apprehended them both; I met Nangle on the 26th of July, and another man with him; I sent for my apprentice; the person I sent had fixed them, and when the apprentice came he agreed in opinion with me, that these were the two men; I apprehended them; at the time they were taken they were loitering about near the Bank; I sent for my apprentice before I took them that I might be sure of the men; Mark Love < no role > had altered his dress a little; these things were sold openly by me, and the bill paid openly in my shop

Anthony Twiddle < no role > . I am apprentice to the last witness; I remember the prisoners coming to the shop; it was in the afternoon; they cheapened some goods; they would not have them cut off til l they had first shewn the note to Mr. Barrett; Love said shew the gentleman the bill to see whether he likes it or not, before we have any thing cut off; Mr. Barrett took the bill and said it required an indorsement; Nangle took a pen and ink and wrote Robert Swyer < no role > upon the back; some words passed in a whisper, I could not hear what they were, but Mr. Barrett had before that told them it required an indorsement; then Mr. Barrett made a bill of the goods and put them up in separate parcels; each of them took a parcel; Love went out half a minute before Nangle; my master sent for me about the 15th of July to the lottery office.

Q. Is that the post bill that was produced by the two prisoners, and tendered to your master?

Twiddle. (Inspects it) I am sure it is, because there is a particular blotch in the name I can speak to it by; my master sent for me in order to see if I knew the two prisoners at the bar after he had met them in the street; I went to Richardson and Goodluck's office; a man that I had put upon watch asked me if he was to stand there; I said yes; there I asked where my master was; I beckoned to him at a little distance off, then the man came and said the men were just at the other end of the lottery office; I saw them there, and a third person with them; I was then certain of Nangle's person, and I am sure of it now; they were apprehended and taken to the Manston-house; I never saw the men till they came to my master's shop to buy the goods there; they came some time between five and nine in the afternoon, I cannot be positive to the hour; the men were near a quarter of an hour in the shop; I was behind a compter on the other side of the shop; Mr. Barrett stood behind the opposite compter; Mr. Barrett gave change for the bill; they just weighed the money, but I believe they took some guineas that were light, because they were in a hurry.

James Hudson < no role > . I am servant to Mr. Biggs; the two prisoners came to our shop; they looked at some goods and bought some, and they presented a bank post bill for fifty pounds; having some suspicion of it I desired my master to let me go out to get it changed; I did not mean to change it; I went out and returned, and said I could not get it changed; they said it did not much signify, they were going into the city and would call for them as they came back; I went after them, I did not keep them in my eyes all the way; coming by Mr. Barrett's shop I saw them in the shop; I watched till they came out again, and then I asked Mr. Barrett if he had given them change for a bill; he said he had; I told him my suspicions about it; he said they had indorsed it to him, he thought there was no danger of losing the money; I watched them to Whitechapel Bars, from thence to Leman-street; I saw them go into a house called the English Hotel; I told Mr. Barrett of it; I am sure they are the same men; they are not in the same dress now they were then; each then had a bundle under his arm.

Q to Vernon. When these bank bills are issued payable to order, do the Bank pay them without an order?

Vernon. No, not without a proper indorsement from the party to whom it is made payable; if a bill comes, and the person to whom it is payable cannot be found, which is sometimes the case, they then require a particular receipt.

William Chase < no role > I am a linendraper in the Minories; Nangle came to my shop, on the 28th of June, about six in the afternoon, and bought a piece of Irish cloth, and four neckcloths; he said I must give him change for a bill of 36 l. 18 s. 4 d. (it is produced); that is the bill; I paid the difference in cash; the amount of the goods was 3 l. 12 s. 6 d.

Mr. Harriman. That is one of the four bills I got that day at the bank.

Evelyn Pierrepoint < no role > . I know Mr. Barrett; I settled an account with him on the 28th of June; he said he had received that day a bank post bill an hour or two before; that he doubted the goodness of it; that two people had bought some goods; one had indorsed it, and he believed it was forged; I took it; then it was indorsed as it is now; I will swear positively to the number.

Richard Jeston Case < no role > . I received this bill on the 29th of June, of Mr. Pierrepoint; I had no other bill in my pocket; I went from Mr. Pierrepoint's to the Bank; it was there immediately stopped.

Benjamin Bates < no role > . I know Mr. Swyer; he lives at Shaftsbury in Dorsetshire; I know his hand writing; the name indorsed of Swyer upon this bill is not Mr. Swyer's hand writing.

Prisoner's Defence.

I leave it to my counsel.

For the prisoner.

Thomas William Robinson < no role > . I am a surgeon: I know Nangle; I saw him on Wednesday or Thursday some time about the 27th or 28th of June; I am not certain of the day; I have known him in Liverpool; I met him in Bishopsgate street; I went with him to the Red Lion and London Hospital, Whitechapel; there was one Donnelly with us; a man accosted Nangle as soon as we got into the house; Nangle had some parcels made up in paper when I met him, and the man that met Nangle asked him if he had bought the goods he spoke to him about; Nangle said he had, and produced them; Nangle gave the man the goods, and he asked how much they came to; Nangle said ten pounds; the landlord was present in the room at the same time. The man who was waiting at the publick house produced that fifty pound note, and Nangle gave him a twenty pound bank note, and the rest in cash; it was between three and four o'clock when I met Nangle; the man then went away. I do not know to whom it was payable, but I believe one Swyer or Sawyer, or such name; (it is shewn him). I believe that bill is the same; the master and Donnelly were in the room at the same time. I have known Nangle two or three years ago at Liverpoole. I have not seen him till this particular time; I am sure it was on Thursday; I think it was the 28th. The parcel was opened; there were some muslin and some handkerchiefs in it.

Henry Barrett < no role > . I have known Nangle about five years; he worked with me as a stone carver; he always behaved well. I have not known him much these four years.

James Sands. I am a carver: I have known Nangle these four years; he worked with me till last September; he bears a good character.

Michael Lurriman < no role > . I have known Nangle six years; he worked with me till four years ago; he bore a good character.

Q. to Barrett. Whether you don't frequently receive bank post bills without any indorsement upon them?

Barrett. I never did receive a bank post bill without it; I looked upon it to be so necessary that I refused to take this bill till it was indorsed.

NANGLE guilty . Death .

LOVE acquitted .