180. THOMAS BENNETT proceedingsdefend was indicted for forging an acceptance to a bill of exchange, for 93l. 8s. 4d. and uttering and publishing the same as true , with intent to defraud John and Benjamin Bond proceedingsvictim proceedingsvictim .(The indictment was opend by Mr. Knapp, and the case by Mr const.)

STEPHEN PATESHALL < no role > sworn. - Examined by Mr. Kanpp. I am clerk to Messrs. Bonds, bankers , in Exchange-alley, Cornhill.

Q.What is the firm of Mr. Bond's house? - A. John and Benjamin Bond.

Q. Do you know the prisoner at the bar, Mr. Bennett? - A. Yes.

When did you first become acquainted with Mr. Bennett? - A. In the early part of September last, in consequence of a recommendation, he was permitted to open an accont with us.

Q. Did he begin his account by a large sum of money? - A.Three hundred pounds.

Q. For some considerable time there was no overdrawing by the prisoner? - A. No; there was generally a balance due to him, I might say constantly, for a considerable time.

Q. Do you recollect how soon he began to over-draw? - A. I cannot, without referring to the books.

Q.Do you remember his coming to your house on the 13th of January last? - A. Yes; he paid in some bills on that day.

Q.What bills were they? - A. There were three bills of exchange.

Q. Do you recollect from memory, what the bill were? - A. No, not without referring to the books.

Q. Look at that bill, and see if that is one of the bills the prisoner paid in on that day? - A. Yes; this is one.

Q. Tell us what conversation you had with the prisoner when he paid it in? - A. I do not recollect any, the bills were received and carried to his account.

Q.How soon did you see Mr. Bennett again? - A. I do not recollect seeing Mr. Bennett from that time till the 16th, three days after.

Q. Tell us what passed then, respecting any of these bills? - A. Mr. Bennett came in to Mr. Bond's banking shop, and presented two drafts; when he gave him the drafts, which were for a considerable sum, I observed to him, that his accounts were considerably over-drawn, and desired him to walk into the accompting-house; in the interim, I turned to the accompt in the ledger, and found it was as I had supposed; when I went into the accompting house to Mr. Bennett, I told him the account was much over-drawn; he seemed rather surprised, and said, are not those bills I brought the other day discounted.

Q. He had only left the three bills you had been speaking of, on the 13th? - A. Only these three bills; he seemed surprised that they were not discounted; I told him it was not agreeable to discount those bills, he seemed rather vexed, and observed the warrants were a sufficient security for the money he wanted, as well as what was over-drawn.

Q. You had had other securities from him? - A. Yes; he pressed very much for the accommodation, it only being for a few days; in consequence of that, he had upwards of three hundred pounds.

Q. I believe, in consequence of some information, you went to the prisoner in the Poultry-Compter? - A. Yes.

Q.When was this? - A. The 31st of July.

Mr. Fielding. Q. You of course went to him in that melancholy place to obtain some discovery from him? - A. I went to enquire something respecting the bills we had in our custdoy.

Q. You went in order to derive some information respecting this matter? - A. Yes.

Q. Did you pity his situation? - A. I told him I was very sorry to see him in that situation.

Q. Have you frequently seen him? - A. Yes.

Q. Upon those occasions, you were rather impressed with a good opinion of him than a bad one? - A.Always.

Q.When you went to that place, I take it for granted, you believed that he would answer truly every question that you proposed to him? - A. I had no reason for forming an opinion upon it.

Q. You did not doubt but you should get the truth from him? - A. I do not recollect forming any opinion at that time, but if I had, I should rather have formed it unfavourable than otherwise.

Q. When you went in, do you recollect any persuasions that you made use of at that time, to disclose the whole truth? - A. No, none at all; I merely asked the question.

Q. Did not you encourage him to speak the whole truth? - A. No, not at all.

Q. No exhortation to speak the truth? - A. Not the least.

Q.you did not tell him what would be the consequence of prosecution? - A. No; I made no observation of the kind.

Q. How came he to unbosom himself to you then? - A. It was in consequence of a conversation we had with respect to some other securities in Mr. Bond's possession.

Q. You entered upon that conversation before, with respect to the other securities that Mr. Bond had? - A. The first conversation I had, was, with respect to his being in such an unpleasant situation, afterwards I spoke to him upon the state of his account, and its being considerably over-drawn.

Q. How long did the conversation, respecting the other securities in Mr. Bond's hands, last, before he unbosomed himself? - A. It was a very short time that I was there altogether.

Q. He craved your assistance did not he? - A. Yes; at the latter part of the conversation when I was nearly coming away.

Q. You made use of no expressions of that kind to him? - A. None at all.

Mr. Knapp. Q. Tell us, exactly as you recollect it, what conversation you had with Mr. Bennett, respecting the bill, how did you address him? - A. I told him I was extremely sorry to see him in that situation, speaking of his account having been over-drawn.

Q. Was every thing that he said respecting the bill that is now the subject matter of enquiry, in the same conversation? - A. It was.

Q. Can you separate it? - A. I will endeavour to do so; he said, Mr. Bond had other securities in his possession; I told him that I had discovered these securities to he forged; then says Mr. Bennett, I am a dead man, and I immediately added, I suppose the bills are of the same description.

Mr. Knowlys. Q. I believe, at this time, the individual bill we have now been talking of had been out of your house some time, had it not? - A. No.

Mr Knapp. Q. To that did he give any answer? - A. Mr. Bennett said, yes; he was certainly much confused when I made the observation.

Q.Look at this bill again, was that one of the bills upon which this conversaton took place? - A. Yes; there is the number of our bill book, and my own writing at the back of it.

Q.This being one of the bills that was talked of ninety-three pounds, what became of it from that time in present? - A. It was in my possession for several days.

Q. What did you do with that bill? - A. I delivered it to Mr. Gregson on the 9th of February.

Q. You only gave him one of that sum? - A. No; it has my name upon the back of it, which I wrote when the forgery was first discovered; they were all delivered over the same day, and my name is wrote upon one of them.

Court. Q. Did you put your name upon it the day you delivered it to Mr. Gregson? - A. Yes.

Cross-examined by Mr. Fielding. Q. Had this bill, which you delivered to Mr. Gregson, remained in your possession or in the possession of the house, from the time when it was brought in by Mr. Bennett? - A. Not only so, but in my own custody.

Q. From the time of its first being brought to your house by Mr. Bennett, till the time you delivered it to Mr. Gregson? - A No; from the time it was left to the discovery of the forgery it was in a bill-drawer; since that, it has been in my custody.

Q. It has not been in course of negociation? - A. No such thing.

Q. They were left by Mr. Bennett as securities? - A.They were entered short.

Q. You do not look upon any thing that is entered, as you call it, short, to be equivalent to a payment in cash? - A. No; but if a person draws upon the house we very often pay those bills that are not entered cash.

Q. You entered, however, the receipt of so much paper from Mr. Bennett? - A. Yes.

Q. And nothing more? - A. Certainly not.

Q. Did any conversation pass, at that moment, with you and Mr. Bennett about a negociation of them? - A. No.

Q. There they lay, and in consequence of some suspicion, that happened to affect this young man, you had a conversation with him, and then you delivered this bill into the hands of Mr. Gregson? - A. No.

Q. You had not put it into a course of negociation? - A. No.

Q. Nor Mr. Bennett demanded any money for it? - A. No; but he had over-drawn his account.

Q. Here is the bill, together with two others, that Mr. Bennett deposited at your shop, you take them and write them in short, that your house received those papers, in your book, and afterwards you do not offer to negociate those bills? - A.Certainly not; they would have lain there till they became due.

Q. Nothing, in fact, was done upon them? - A. Though we refused to discount them, they would have been an inducement to lend money upon.

Q. If Bennett had come to your house for thepapers which he had deposited there, and required you to deliver them, should you have persisted at all? - A. It is very likely that I should, as the account was over-drawn.

Q.This not being cash, but paper, lodged there, was it not subject to his demand? - A. Not under the circumstances of his account.

Q.Now, previous to your having any suspicion, should you have hesitated to return them, they not being cash? - A. If it had been cash there could not have been a doubt about it.

Q. Then no act whatever had been done upon the bill, nor was it presented for payment, nor any one endeavour made, either to discount them, or put them into any course of negociation? - A. The observation of Mr. Bennett wondering that they were not discounted, implied that he wished them discounted

JESSE GREGSON < no role > sworn. - On the 9th of February I received this bill from Mr. Pateshall.

Q.Have you had it in your custody ever since? - A. Yes; except while it was before the Grand Jury.

PETER GANDON < no role > sworn. - Examined by Mr. Const.

Q. Do you know Mr. william Caslett, sugar refiner, Great Garden-street, Whitechapel? - A. Yes.

Q. Do you know his hand-writing? - A. Yes.

Q. Look at the acceptance of that bill, and tell me if it is his hand-writing? - A. I do not think it is.

Q. Have you seen him write often? - A. A. Yes; I never saw any of his hand-writing like it.

THOMAS COX < no role > sworn. - Examined by Mr. Const.

Q. Do you know Mr. Coslett, sugar-refiner? - A. Yes, perfectly.

Q. Do you know his hand-writing? - A. I am very well acquainted with it.

Q. Look at that bill, is that his writing? - A. It is nothing like it.

Q. Look at the acceptance; is that like it? - A. That is equatty unlike it.

JAME LAYRON sworn. - Examined by Mr. Const.

Q. I believe you are one of the gentlemen to whom the prisoner was clerk? - A. Yes; he was clerk to my brother and myself.

Q. You know Mr. William Coslett < no role > ? - A. Yes.

Q. Look at that acceptance, and tell me if it is his writing? - A. I don't believe it is.

Mr. Knowlys. Q. Have you often seen him write? - A. I have been in the habit of receiving notes from him, and I have once or twice seen him write.

Mr. Const. Q. Do you know the hand-writing of the body of that note? - A. I have no doubt about the body of the bill being the hand-writing of the prisoner at the bar.

Q. Can you speak with certainty to the acceptance? - A. No (It is read).

London, January 10, 1797. 93l. 8s. 4d. Two months after date pay to my order 93l. 8s. 4d. value receiv'd in sugars. T. Bennett.

Mr. William Coslett, sugar-refiner, Great Garden-street, Whitechapel.

Cross-examined by Mr. Fielding. Q. This young man was clerk with you and your brother for some time? - A. Between five and six years.

Q. He was a young man of decent birth and education? - A. Yes.

Q. I take it all that time he deported himself properly? - A. I have no reason to say otherwise the whole time he was with us.

JOHN GRAVES < no role > sworn. - Examined by Mr. Knapp.

Q.Do you know the prisoner at the bar? - A. Yes.

Q. Have you ever seen him write? - A. Yes.

Q. How often? - A. It is impossible for me to say; I am clerk to Mr. Layton.

Q. Look at that bill; whose hand-writing is that? - A. The body of it is Mr. Bennett's hand.

Q. Look at the acceptance? - A. I cannot speak to that.

THOMAS NASH sworn. - Examined by Mr. Const.

Q. You are, I believe, a collector of the taxes in Great Garden-street, Whitechapel? - A. Yes; I have been so about three quarters of a year.

Q. Do you know Mr. William Coslett of that street? - A. Yes.

Q. Do you know any other person of that name in that street? - A. No other, not a house-keeper.

Q. He is a sugar-refiner? - A. Yes.

Q. Is there any other Coslett a sugar-refiner in that street? - A. No.

Prisoner's defence. My Lord, I find myself so embarrassed with my present situation that I am unable to make a defence; I trust, therefore, you will give my advocates a hearing.

Court. That I cannot do; they can call your witnesses if your have any.

Mr. Fielding. (To Nash.) Q. You are well acquanted with Mr. William Coslett < no role > ? - A. Yes; I know him.

Q. Is he alive and well? - A. I have not seen him this week.

Q.However, a week ago he was alive? - A. Yes.

Q. You have not heard at all of his decease? - A. No, I have not.

THOMAS CARTER sworn. - I am a surgeon, at Walworth; I have known Mr. Bennett at least these seven years, during tht time I never heard any thing to the contrary but that he is a very honest sober young man, and a dutiful affectionate ton to a very unhappy parent.

SIMON WOODING sworn. - I am wine merchant, in Upper Thames-street; I have known Mr. Bennett fourteen years, I suppose, I have known him from a child of seven years old; I always esteemed him a very honest young man, I never heard a word against him, he has always behaved well to a family in great affliction.

THOMAS FISH < no role > sworn. - Examined by Mr. Knowlys. I live at Walworth; I do not know the prisoner at all, but I know his family very well.

JOHN ARNOLD < no role > sworn. - Examined by Mr. Knowlys. I am a school-master, at Walworth; I have known Mr. Bennett < no role > these ten years, he came to school to me in the year 1789; I never heard any thing against him before, he always bore a very good character; I never had a better pupil in my life for the time he was with me.

JAMES KING < no role > sworn. - Examined by Mr Knowlys I live at Walworth; I have known Mr. Bennett ever since he was six or seven years of age; he always bore the character of a good lad, and a very dutiful lad to his mother.

JOHN FAWCETT < no role > sworn. - I live at Walworth; I have known him from an infant, I have known the family these fifty years, I suppose; he has always borne a very good character.

WILLIAM GEORGE < no role > sworn. - I live at Walworth; I have known Mr. Bennett ever since he was in petticoats, he always bore an exceeding good character.

LESTOCK PEACOCK sworn. - I live at Walworth, and have known Mr. Bennett from a child, he went to school with my son; he was always a worthy young man, and very attentive as a son.

WILLIAM SMITH < no role > sworn. - I am a corn and coal-merchant, Bank-side; I have known Mr. Bennett about twelve years, he always bore a very honest character.

ROBERT HALL < no role > sworn. - I am a grocer, in the Borough; I have known him between five and six years, during that time, I have deposited large sums of money in his hands, and I have always found that he has applied them to the purposes for which they were deposited.

THOMAS OKING sworn. - I live at Walworth; I have known the prisoner about fifteen years,he always bore a very excellent character.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.