316. JOHN BROWN proceedingsdefend was indicted for that he, well knowing that one William Richards proceedingsvictim had lately served our Lord the King, as a seaman on board the ship, called the Goliah, and that certain prize money, was due and payable to him, the said William, for the service of him the said William, on board the said ship, he on the 24th of April last, feloniously, willingly, and knowingly, did personate, and falsely assume the person and character of the said William Richards < no role > , in order to receive the said prize money then due and payable for, and on account of the said service, of the said William Richard < no role > 's, on board the said ship, against the form of the statute .

BENJAMIN HITCHINS < no role > sworn.

What are you? - I am a navy agent, I saw this man first, on the Thursday the 24th of April last, at the Castle in Mark-lane , I was there to pay some prize money, for the prizes taken in Admiral Barrington < no role > 's squadron; there were fifteen ships; the prisoner applied to me, in the name of William Richards < no role > in the Goliah, he came up with another man, he said, his name was William Richards < no role > of the Goliah; I refered to the prize list, and found that Richards was dead, I bade him wait a little, I went to a gentleman in the business, asking him what I should do, he said, appoint him to come to their house, and it would be effected; Richards's money was two guineas and a half, he came two or three times to the Castle, he went there at my request, and came up again in half an hour, he said, he thought it very extraordinary that the other men were paid, and that he could not be paid, I told him I could not help it, I appointed him to come to me at Bond-court, Wallbrook.

Did you ask him distinctly his name and the ship he belonged to? - I did, Sir, two or three times.

Are you sure, Sir, that he said, his name was Richards, and that he came for the prize money of the Goliah? - Yes, there had been two distributions before.

Court. You are sure the prisoner was the man that applied to you? - I am too clear of it.

You have not a doubt? - Not the smallest.

THOMAS DYKE < no role > sworn.

I am a clerk to pay off the prizes, I know just the same as Mr. Hitchins has told you, I am sure that is the man, I was with Mr. Hitchins at the time, I was the person that took him, I was at Mr. Bond's in Bond-court, Wallbrook, when he came there in the afternoon: He came into the court with two more, one said his name was John Kennedy < no role > , which is dead, another man said, he came with them, he said, that his name was William Richards < no role > of the Goliah, and that he came for his prize money; then I went for a constable, and when I came back with the constable, I saw the prisoner and the other man run out of Bond-court, I pursued and took him.

- RUTHERFORD sworn.

I was at Mr. Bond's in Bond-court, the prisoner came in with another man who called himself John Kennedy < no role > , and a third, who called himself Butler; and he asked for money in the name of William Richards < no role > of the Goliah; I sent out the last witness for a constable, he was gone half an hour, and the men seemed to suspect something; and wished to go, and the prisoner particularly, he said, he would go and get a certificate from his lieutenant, I took him by the back of the coat, and put him into the room, and told him we knew his errand, and that he should not go; I ordered a man to lock the door; Butler desired the door to be opened, and then the prisoner and Kennedy came up and run off together.

SAMUEL INMAN < no role > sworn.

I am a clerk in the Navy-office, I have the books belonging to his Majesty's ship the Goliah, here is the name of William Richards < no role > , he died the 20th of October 1782, slain in fight, off Gibraltar.

Who was entitled to his prize money? - His lawful representations.

Court. Have you looked through the book of the Goliah to see whether there is any more of the name of William Richards < no role > ? - I have looked through, there is no more. This book has been carefully examined.

CHARLES SMITH < no role > sworn.

I am first lieutenant of the Goliah, I was on board her at Gibraltar, the prisoner's name is John Brown < no role > the third, I know he always went by the name of John Brown < no role > the third, he served with me near thirteen months.

Court. When was he discharged from the ship? - When the ship was paid off.

Not until then? - No.

Do you find his name in the books of the Goliah? - I do.

Do you remember any thing of the person of Richards? - No.

Court. By this book, the prisoner Brown appears to have entered before Richards, and to have continued after him; was not John Brown entitled to at least the same share of prize money which William Richards < no role > was? - Certainly.

Council for Prosecution. Had Brown received his prize money? - By the books it appears it had.

Court. Have you the pay book here? - No, Sir.

When did you look to see whether Brown had received his prize money - After he had offered to receive under the name of Richards, I paid the prisoner his money, it was only a guinea, there had been two distributions made of this prize money sometime go, but Richards had been called, and his representatives had not appeared.

Did you recollect his person when he applied before to you? - No, I did not.

Court to Smith. Was this man ever known on board the ship, by the name of William Richards < no role > ? - No.

Does not it frequently happen, that men on board of ships are mustered by false names? - Certainly very often, what we call a travelling name: It is too frequent.

You do know whether he was ever called William Richards < no role > , on board the ship? - I never heard him called so.

JOHN CLAPP < no role > sworn.

I was Captain's clerk on board the Goliah, I remember the prisoner, he went by the name of John Brown < no role > the third.

Was there such a man as Richards on board? - I do not recollect his person, I saw him laying down in the cock-pit after he was wounded, and they told me it was William Richards < no role > .

This was not the man? - No, Sir.

Was this man ever known by the name of William Richards < no role > on board the Goliah? - No, Sir.

What became of William Richards < no role > after he was wounded? - He died the same day.

PRISONER's DEFENCE.

Another man put my name down, instead of the name of William Richards < no role > , then he went to Dick Butler < no role > , and told him my name was John Brown, they gave me a note to the agent, and he put my name William Richards < no role > , instead of John Brown.

Prosecutor. The first time this man was examined before the Lord Mayor, he asked him his name, says the Alderman, what is your name, says he, William Richards < no role > , says the Alderman, that must be a mistake, for he is dead, says he, it is not a mistake, for my name is William Richards < no role > , and I am not dead yet.

Court to Lieutenant Smith. What character did he bear on board? - I never knew him otherwise than to be strictly honest, and particularly active, I never knew any harm of him while he was on board the Goliah.

GUILTY ( Death .)

He was humbly recommended to mercy by the Jury and Prosecutor.

Tried by the London Jury before Mr. RECORDER.