241. JOHN AIKIN proceedingsdefend was indicted for forging and counterfeiting, on the 1st of March , a Bank of England note for the sum of two pounds, with intent to defraud the Governor and Company of the Bank of England proceedingsvictim .

Second Count. With feloniously disposing of, and putting away, a certain Bank note, as and for a true Bank note, knowing it to be forged, with the like intention.

Third Count: Laying the intention to be to defraud John Aikin proceedingsvictim , woollen-draper .

There were nine other Counts, in the indictment, for a similar offence, varying the manner of charging them.(The indictment was stated by Mr. Giles, and the case by Mr. Garrow.)

JOHN AIKIN < no role > sworn. - Examined by Mr. Knowlys. I am a woollen-draper in St. Martin's lane : On the first of March, the prisoner came to my shop and purchased a remnant of velveteen, for which he gave me a two pound note; I looked at the note, and said, bless me, I wish they had put a little more ink upon it; he said he would give me another; I said, I did not wish to be particular about the matter, I had no reason to say it was a badone, and then I gave him the change for it. (The note shewn to the witness).

Q. Is that the note? - A. It has very much the appearance of the note, I believe it is; I put no name upon it.

Q. Did you observe any thing remarkable upon the note at the time it was tendered to you? - A. I did not take any particular notice, only from the paleness.

Q. To whom did you pay that note? - A. To Mr. Warberton.

Q. Are you sure of that? - A. I have no doubt of it.

Court. Q. Did you pay him any other note at the same time? - A. No.

Cross-examined by Mr. Knapp. Q. That note I apprehend has been out of your possession ever since? - A. Yes.

Q. You put no mark upon it? - A. No.

Q. Therefore you cannot undertake to say that that is the note you received from the prisoner? - A. I believe it to be so.

Q. Did he describe to you where he lived? - A. Yes.

Q. Was the description he gave of himself, after you spoke of the paleness of the ink? - A. I believe it was.

Q. What account did he give of himself? - A. I do not recollect that he told me, at that time, where he lived.

Q. Did he tell you afterwards what he was? - A. He told me he was a serjeant in the guards.

Q. Did he tell you what regiment he belonged to? - A. I do not recollect that he did, but I knew what regiment he belonged to by the make of his clothes. He said, he lodged in Orchard-street, Westminster.

Q. Did you find that account to be true upon enquiry? - A. I did, every thing that he said.

Mr. Knowlys. Q. When was it that he gave you this account of who he was? - A.The Sunday morning following, when he was with Mr. Bliss, the officer of the Bank.

Q. Did he, before that Sunday morning, when he was in the custody of Mr. Bliss, tell you who he was, or where he lived? - A. I do not recollect that he did.

Court. Q. How came you to know where to find him? - A. Knowing he was in the Guards, and of the same name with myself, it was easy to find him out; he told me, while he was talking to me, that he was of the same name with myself. Mr. Warberton and I, on the Saturday, stopped a serjeant, and asked him if he knew where he was; he said, we should find him upon the King's guard, We went there and found him; I asked him if he recollected such a note; he said, he did.

Q. Did he not attempt to deny it? - A. No. He said he took it of serjeant Darlow; he went away about his business, and we left him. I told him, on the Sunday morning, a gentleman from the Bank would call upon me with the note; he said, he should be ready to meet us at a quarter before twelve; we then parted. And the next morning, Mr. Bliss went with me; we found him at the King's guard again, and he acknowledged that he thought it was the same note. The prisoner and I then all went to serjeant Darlow's; the prisoner said, he had the note of serjeant Darlow. Mr. Bliss presented the note to serjeant Darlow, and he said, he had given him a note, but it was not the same note.

Q. Did he say what valued note he had given him? - A. A two pound.

Q. What passed after this - when did you see the prisoner again? - A. I think at Cold-Bath-fields.

Q. Did you agree, before you parted with the prisoner and serjeant Darlow, to meet again? - A. Yes; the prisoner and Mr. Bliss were to come to my house the next morning, with intent to go to the Bank, to see if they could do any thing in it. They came, but I did not go with them.

PETER DARLOW < no role > sworn. - Examined by Mr. Giles. I am a serjeant belonging to the 77th regiment.

Q. Do you know the prisoner at the bar, John Aikin? - A. I have seen him; I have no great acquaintance with him.

Q. Look at that note, and say, upon your oath, whether you passed that note to the prisoner? - A. I did not.

Q. Where did you first see that note? - A. I saw it with Mr. Bliss, the officer of the Bank, upon the Sunday after I had paid him a two pound note.

Q. You did pay him a two pound note upon the 26th of February? - A. Yes; for bringing a recruit, who was discharged for being under size.

Q. Are you positive that is not the note? - A. I am very sure of it.

Cross-examined by Mr. Alley. Q. You belong to a marching regiment? - A. Yes.

Q. Did it happen to you, at any time, to be taken up, and charged with forging this note yourself? - A. No.

Q. Were not you in custody for it? - A. I was, at the Bank, a little time.

Q. Were not you before my Lord-Mayor, and sent into custody by him? - A. No; never in my life.

Q. And they sent to your house from the Bank, to see if you had any other notes? - A. Yes.

Q. Was any body present at the time you gave him the two pound note? - A. No.

Court. Q. Do you know who the note you gave him was made payable to? - A. I do not know.

Q. Do you know the number? - A. No.

Q. Do you know who it was signed by? - A.No; it was quite a new note, I had fourteen of the same that I had got in change for a forty pound note.

Court. Q. Can you read that note? - A. I cannot; it mentions two pounds at the top, I cannot read any thing else.

Court. Gentlemen of the Jury. I protect I cannot entertain a suspicion against this man; so far from there being evidence to convict him, it does not raise even a suspicion in my mind; for, if every man into whose hands a forged note might fall were to be convicted, in a perilous situation are we all. In this case, the man behaves in the most candid manner upon earth, he tells who he is, and does not absent himself, though he finds suspicions increasing from day to day; he does not act as a man who is conscious that he has done wrong. Gentlemen, I will not introduce suspicions obliquely at any body at all, it is enough for me to say, that this man is now called upon to answer to this weighty charge, and the learned Counsel, who, undoubtedly, possesses great abilities, and, in conducting public prosecutions, great candour, tells me he can carry his case no farther. The prisoner has put himself upon his country, but upon this evidence, I should be shocked to suppose, that any man could be called upon to answer for an offence almost out of the reach of pardon, if it is true; I must advise you, therefore, immediately to acquit him. NOT GUILTY .

Tried by the second Middlesex Jury, before Lord KENYON.

242. JOHN AIKIN < no role > was again indicted for a similar offence .

The Counsel for the prosecution offering no evidence, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury, before Lord KENYON.