315. ALEXANDER SMITH proceedingsdefend was indicted for that he, on the 16th day of January last, having in his custody and possession, a certain bill of exchange, to the tenor and effect following, that is to say,

"Exchange 52 l. 10 s. sterling, Antigua,

"13th of November 1782, at thirty

"days sight, pay this my third of Exchange,

"first, second, and fourth of the

"same tenor and date, not paid to order

"of Alexander Grant < no role > , the sum of 52 l.

"10 s. sterling, value received, as per advice,

"and place the same to the amount

"of gentlemen, your most humble servant,

" James Gordon < no role > . To Messrs.

"Benjamin and Thomas Boddington < no role > ,

"merchants, in London;" indorsed, Alexander Grant < no role > , purporting to be an indorsement by the said Alexander Grant < no role > , on the said 16th day of January last, with force and arms, feloniously and falsely made, forged, and counterfeited, and did willingly act and assist, in the false making, forging, and counterfeiting an acceptance of the said bill of exchange, in writing, purporting, to be an acceptance of the said bill of exchange, by the said Benjamin and Thomas Boddington < no role > , bearing date the 28th day of January 1783, and which said false, forged, and counterfeited acceptance of the said bill of exchange , is to the tenor and effect following; that is to say, accepted 15th of January 1783, B. and T. Boddington

"with intention to defraud the said Benjamin and Thomas Boddington proceedingsvictim proceedingsvictim .

A second count for feloniously uttering and publishing the same, knowing it to be forged with the like intention; the third and fourth counts, for forging and uttering the same, knowing it to be forged with intention to defraud Thomas Hepworth < no role > .

THOMAS BETTERSWORTH < no role > sworn.

I am clerk to Messrs. Benjamin and Thos. Boddington < no role > , a porter, at the Saracen's Head in Friday-street, brought a bill on the 13th of January last, drawn by James Gordon < no role > , of Antigua, on Benjamin and Thomas Boddington < no role > , for acceptance, I was present, and received the bill from him, it was for 52 l. 10 s. I desired him to leave the bill as we had no advice from the drawer of it he left it in our hands; and the same day in the afternoon, we had a letter from Antigua, advising us of his having drawn for this bill, and another for upwards of 800 l. when we saw the letter from some circumstances in it, we began to suspect the whole a forgery, letter and bill; the letter came as a ship letter by the usual course: nothing material after that happened within my knowledge, till I believe the 15th, when the same man came again he brought one of the set, and he brought it with an acceptance on it.

Court. Was that bill which he brought, a different bill of the same tenor and date? - The former was taken and carried to the Notary Publick's.

Who took it away? - I cannot say, nor when it was taken, it was not in my presence, in point of fact it was taken away by somebody from our house; but by whom I do not know.

When the bill was presented for acceptance did you examine any entry of the tenor or date of the bill? - I did not, but an entry was made.

Then on the 15th, the man brought a a bill, which was either the same, or another of the same tenor and date? - Yes.

But which you do not positively know? - I do not, the man came to know whether the acceptance on it was genuine, he brought me a bill with the acceptance, which I have had in my custody ever since.

Is there an acceptance on that bill, purporting to be the acceptance of that house? - Yes, there is an acceptance on it, the waiter called to ask me whether it was our acceptance or not, I told him no.

(The acceptance read.)

Accepted, 15th January 1783. B. and T. Boddington.

Court. Is that the hand writing of any person who accepts bills from that house? - No.

Did no clerk of the house accept bills? - No.

Are you sure of that? - I am.

Are you well acquainted with the hand writing of Messrs. Boddingtons? - I am.

Are you confident it is not their hand writing? - I am, I put the bill in my pocket, and went with the person who brought it, in search of the man that he told me was come up from Exeter, and that he came from Antigua: he afterwards was taken by this waiter, who it seems had advanced the money; the same man that brought the bill, brought the person who sent the bill to him, the forenoon of the same day before dinner.

Who was that person that he brought? - The prisoner at the bar.

What did the prisoner say when he was brought? - Nothing particular.

Did he admit, or deny his having given him that bill? - Neither.

Did you question him at all about it? - I did not, my Lord, he was in a coach, I took him to the Mansion-house, before my Lord Mayor.

Was he examined then before the Lord Mayor? - Yes.

Was you present at his examination? - Yes.

Did he admit, or deny it? - Neither, he said, he had nothing to say for himself, so it appeared to me; then he was committed.

THOMAS HEPWORTH < no role > sworn.

The prisoner came in our Exeter diligence with two more men, on the 11th of January, and arrived at our house, the Saracen's Head, in Friday-street, on the 13th, which was the Monday morning; and breakfasted with one of the men, the other went away the Saturday night; at breakfast he asked me for a directory, I gave him one, and he asked me if I could get a person to go up to Mr. Boddington and Rodney, with a note to be accepted, he said, it was No. 15, in Mark-lane; I told him if he would wait till breakfast was over, I would go myself with it; when breakfast was over I asked for it, and he gave me a note, I cannot rightly tell the number, but it was for 52 l. 10 s. the other man was present.

Was it he or the other man that gave you the bill? - It was the prisoner at the bar, he desired me to take it to Mr. Boddington and Rodney's for acceptance, I went and saw one of the clerks as I supposed, and he desired me to leave it with him, and call the next morning, I told the prisoner, and I called the next morning, I saw the man I gave it to him, he told me they had had no letter of advice, and I think he said, Mr. Boddington was not at home, and desired me to call the next morning; I came back and told the prisoner at the bar that I was to call again, he desired me to go and call for the note, either to have it accepted, or as it was, I went and saw the gentleman in the office, and told him the gentleman was very angry about it, and desired to have the note accepted, or to have it back as it was, I said, it is very odd you should give him so much trouble; he said, the clerk that had it was not at home, and desired me to call in the morning, he said, we shall either send a message or the note to night, but no message came that night; accordingly the prisoner at the bar wanted me to go again the next morning the 15th, I told him he had better write a line, which he did, I do not know what it contained, he wafered it up, and I carried it; I saw the person I gave the note to on the 13th, he asked me what the gentleman was, I said, I did not know, he said, he might perhaps be a Captain of a ship, he said, they were waiting for a letter of advice; I said, I will be obliged to you to let me have a letter, perhaps he may be dubious that I have not left it here, and they gave me a letter in answer, which I brought to the prisoner.

Court. What did the prisoner say? - He did not say what the letter said, but I advised the prisoner to call himself, that it would be better for him to call and speak to the gentleman: on the 15th in the afternoon, the prisoner came into the coffee-room and said, either waiter or Thomas, I do not know which, I have been there, and have got it accepted at last; I told him I was glad of it, for he had had a good deal of trouble about it, as well as myself; he said he had, he asked me if I could get it discounted, he said, perhaps my master could do it, and he would allow five per cent, and give me a guinea for my trouble; I told him if he would wait till the morning the 16th, th at my master was not in the way but I would speak to him, and if he could not do it, I would get it done some how, because they told me that it certainly was a good note; on the 16th in the morning he was at breakfast about eleven o'clock, I told him my master was in the way, and I would see if he could discount it; I took it to my master, he said, he had not got so much cash about him, says I, it is the note I took for this gentleman, and he will allow five per cent for the time that is to come; says I, I took the note there, and they told me it was a very good house it was upon; says he, you will be safe enough in doing it, if you can do it; says I, then I will do it; I had ten guineas in my pocket, I gave him that, and I told him, in about five minutes he should have the remainder of the cash.

Court. Had he asked you if you could do it yourself? - Yes, he said the ten guineas were sufficient, that would do for the present, he said, he should be back presently, I went home and got the remainder of the cash, and in coming down stairs I bethought myself that I would go to Mr. Boddington's, to see if it was their acceptance or no, I did so, when I came to the house, I met with the clerk I first gave the note to, he stopped the note, and told me it was a forgery; this is the clerk, Mr. Bettersworth; I came back with the clerk, and the prisoner was gone out; this gentleman left me, and he desired me to give charge if he came in to stop him; the prisoner came back in about five minutes, he was coming down the yard, and I spoke to him, says I, I do not like this note, I will be obliged to you to return me my money again, he put his hand into his pocket and trembled most ducidly, and he asked me for the note.

Had he asked you at all for the remainder of the money? - I laid hold of him first, and said, I did not like the note, he had got the ten guineas and about two-pence halfpenny, and while I was putting the money in my pocket, he turned round again, and asked me for the note, I told him, he must go with me where the note was stopped, he turned round and ran up the yard which is a double yard, thinking I suppose it was a thoroughfare, and if it had I believe I should have lost him, but not being so I ran after him, and laid hold of him, I brought him down to the coffee-room, I sent for a coach and took him to Mr. Boddington's, they told me to take him to the Mansion-house, I told them he had given me my money, and they might do what they would with him, I had no peace officer.

Did the prisoner say any thing about this to you at any time? - All that ever he said was, you have got your money, why do not you let me go, I told him I could not.

That was all he said? - Yes.

Court. Was the bill that Bettersworth took from you and stopped, the same that you received from the prisoner? - Yes, the second time.

Was it out of your possession at all till you delivered it to Mr. Boddington's? - No, I am sure of that.

Then every thing that was written upon that bill when the prisoner delivered it to you, was written upon it when you delivered it to Mr. Boddington? - Yes.

Court to Bettersworth. Does the bill remain unaltered? - Yes.

It has been in your possession ever since? - Yes.

Look at the acceptance again more particularly, and tell me whether you are sure it is not the acceptance of that house? - I am sure it is not.

What is the firm of your house? - B. and T. Boddington, there are no other partners.

(The Bill read.)

"Exchange 52 l. 10 s. sterling, Antigua,

"13th of November 1782, at thirty days

"sight, pay this my third of exchange,

"first, second, and fourth of the same tenor

"and date, not paid to order of Alexander

"Grant, the sum of 25 l. 10 s. sterling,

"value received, as per advice, and place

"the same to the account of, gentlemen,

"your most humble servant, James Gordon < no role > .

"- To Messrs. Benjamin and Thomas

"Boddingtons, merchants in London. -

"Indorsed Alexander Grant < no role > : Accepted the

"15th of January 1783, B. and T. Boddington."

Court to Mr. Bettersworth. You said there was some suspicion arose from the letter you received? - Yes.

From what? - From the contents of the letter.

Jury. They were a set of bills of the same tenor and date, only for that sum? - Yes.

Court. Do you recollect the day that this man came? - I am not correct as to the day.

WILLIAM ROBINSON < no role > sworn.

My Lord, my evidence will not go farther than Mr. Bettersworth's, I am clerk to Messrs. Boddingtons, I did not see the porter give the bill, I first saw it when Mr. Bettersworth came in on the 13th of January, I put it into a drawer, where we put bills, some of the clerks took it out, I suppose to enter it.

How came it from your house again? - In that particular I believe, Mr. Bettersworth was wrong, because it was not given back again, because the first bill remained at our house, and I have it in my pocket now.

Court. Produce it? - That is the bill, that was first brought my Lord.

Then this is the bill that was left at your house on the 13th? - Yes, I know it by the number on the left hand corner.

You never saw the prisoner at the bar at your house? - Not till he was brought by the porter.

Does anybody accept bills at your house? - They never do.

Court to Hepworth. What became of the other man? - He left the house the day before the prisoner was taken up, and he came the 16th and 17th, and said, he came to see the prisoner, who had some shirts of his.

PRISONER's DEFENCE.

I have nothing to say, I have no witnesses.

Court to Jury. It seems that the bill itself is a genuine bill of exchange, the charge is for forging the indorsement.

Jury. I understand your Lordship, that there was a letter sent from the prisoner to Messrs. Boddingtons, to know why they did not accept the bill, will your Lordship, indulge us with comparing the letter, with the acceptance of the bill.

Court to Hepworth. Should you know again the letter that you carried from the prisoner? - No, my Lord, it was wafered up.

Court. Look at that letter and see whether you know it, speak with caution? - My Lord, I believe it to be the same.

Have you a distinct knowledge of it? - I am not quite sure.

Jury. How long had you this letter after the bill was left for acceptance? - The afternoon of the same day.

GUILTY . Of the second and fourth counts. ( Death .)

Tried by the London Jury before Mr. RECORDER.