589. CORNELIUS-FREDERICK HOLT proceedingsdefend was indicted for feloniously forging and counterfeiting, on the 5th of April , a Bank-note for the payment of 10l. with intent to defraud the Governor and Company of the Bank of England proceedingsvictim .

Second Count. For that he, having in his custody a like Bank-note for the payment of 10l. did dispose of the same as and for a good Bank-note, knowing it to be forged, with the like intention.

Third and Fourth Counts. For forging and uttering as true, knowing it to be forged, a promissory-note for the payment of 10l. with the like intention.

And in four other Counts, for feloniously forging and uttering, knowing to be forged, a like note, with intention to defraud William Packer proceedingsvictim .

(The indictment was stated by Mr. Giles, and the case opened by Mr. Garrow).

WILLIAM PACKER < no role > sworn. - Examined by Mr. Fielding. I am a tailor , in Chambers-street, Goodmans-fields : On the 28th of March, about eight o'clock in the evening, the prisoner brought me a ten-pound note; I received of him five pounds oneshilling, I gave him four pounds nineteen shillings, I think, in half-guineas, and seven-shillings-pieces; it was a running account between us, he paid for his clothes by instalments; he tendered me the note in a back room, in the presence of my wife, and my niece, Elizabeth Elliott < no role > ; as he went out, I held the note in my right-hand, and delivered it to my niece; I did not take any particular notice of it so as to know it again, but the note I received from him I gave to my niece.

Cross-examined by Mr. Knapp. Q. Have you always been of that opinion with respect to the nature of the transaction? - A. Yes.

Q. Are you sure you never put it into the drawer? - A. No; I never parted with it out of my hand till I gave it my niece.

Q. Had you no suspicion of it at the time? - A. No.

Q. Nor would not know the note again? - A.No.

ELIZABETH ELLIOTT < no role > sworn. - Examined by Mr. Knowlys. I am the niece of the last witness: On the 28th of March, the prisoner came to my uncle's house, I did not know him before; I received a ten-pound Bank-note from my uncle, and took it to Mr. Crutchley's, a draper; I left in Mr. Crutchley's hands.

- CRUTCHLEY sworn. - Examined by Mr. Giles. Q. Do you remember the last witness bringing a Bank-note to you? - A. Yes.

Q. Look at that note? - A. This is the same; I put Mr. Packer's name upon it; I can positively swear that it is the same. (The note read).

NATHANIEL LOARING < no role > sworn. - Examined by Mr. Garrow. I am clerk to the Solicitor for the Bank: In consequence of information, on the 4th of April, I apprehended the prisoner at a house in Bowling-green-lane, Clerkenwell; a young woman was apprehended with him with whom he lived, and who passed by his name.

Q. Had you any conversation with the prisoner as to the place of his residence before that time? - A. I had.

Q. Did he inform you that he had any residence in White Lion-street? - A. He certainly did not; he mentioned several other places but not that.

Q. Did you take him into custody at that time? - A. I did not.

Q. Upon what condition did you suffer the prisoner to go at large? - A. Upon condition that he would be at his lodging in Bowling-green-lane at nine o'clock, when I was to call to make some inquiries; I went at the time appointed, but he was out.

Q. Did you, after that, use any means to find the prisoner at the bar before he was apprehended? - A. I did; dilligent means were made use of.

Q. How long was it before the prisoner was again apprehended? - A. On the 28th of April, I was present; he was found in a back room, a bedroom, at the house of a person of the name of Gibbs, in Banner-street.

Q. Did you, at any time, go to the house of a Mrs. Painter, in White Lion-street? - A. Yes, on the 5th of April, where I found this, (producing a pot containing a composition); it produces exactly the same appearance as the water-mark upon a Banknote; and here are some papers upon which it was tried in my presence, (produces them); the ingredient is warmed over a candle in order to produce the appearance, I have also tried it myself.

Q. You are quite certain the prisoner had not communicated to you any thing respecting the house in White Lion-street? - A. Certainly not, for I found it out by accident the next day.

Cross-examined by Mr. Gurney. Q. Had you any conversation with the prisoner upon the 5th of April - Did any conversation take place with respect to the note offered to Mr. Packer? - A.Certainly not.

Q. Therefore the conversation was not at all upon the subject of this indictment? - A. Certainly not.

Mr. Garrow. Q. But the inquiry was directed as to where his residence had been, and was at that time? - A. Yes.

THOMAS BLISS < no role > sworn. - I am an Inspector of Bank-notes. I have been many years in the habit of examining Bank-notes to see if they were forged.

Q. Look at that note? - A. This is a forged note, clearly so, as to the paper, and manner of the imitation of the engraving, and the imitation of the cashier's name; it is in every respect a forgery.

Q. Is that the genuine water-mark? - A. It is not.

ANN PAINTER < no role > sworn. - Examined by Mr. Garrow. I live at No. 92, White Lion-street, Pentonville: I know that the prisoner at the bar, he took two rooms, up two pair of stairs, in my house; to the best of my recollection, he had them eight or nine weeks.

Q. Did he live there constantly? - A. He did not; he used to come now and then, I do not think he slept there more than three or four nights; he used sometimes to come and run up stairs, and frequently run down again, without stopping; at other times he would come and stop a little, sometimes half a day together.

Q. On working days? - A. Yes.

Q. About what time of the day? - A. Generally about ten or eleven o'clock in the forenoon; and he has told the boy if anybody wanted him, so say that he was not at home, but that was on a Sunday; I do not recollect that he was there of the Sunday but once the whole day.

Q. Did you make any, observation with respect to the bed in his room, whether it had been used? - A. Not in the day I had not; when he continued all night it appeared to have been slept in.

Q. Do you remember an application made to you by Mr. Loaring? - A. Yes.

Q. Was the room you shewed Mr. Loaring the same room that the prisoner occupied? - A. It was.

Q. You saw the cup found? - A. Yes.

Q. I believe you keep an oil and colour shop? - A. Yes; a person called, and asked for Mr. Holt; I told him he was at home; he picked out a few camel's hair pencils; Mr. Holt said, Mrs. Painter, I did not know that you told them, I use a great a many in my business; I showed him some, and he bought two or three, and a little gum.

Q. Do you recollect the conversation about the gum? - A. Yes; he asked me if I sold white varnish; I told him I had none, but I could tell him where he could get some; he said he had tried a great many varnishes but they all turned yellow, he wanted to varnish a drawing of nice white satin; I told him I had none, but I gave him a little drop of fine white gum, and a little turpentine, and I never saw him after that.

Cross-examined by Mr. Knapp. Q. Do you know what business the prisoner followed? - A. Yes; a japanner, and a landscape painter.

Q. Would these things, my learned Friend has alluded to, be used by him in his business? - A. Certainly.

Mr. Garrow. Q. Did he carry on any branch of business in that room do you know? - A. No.

Q. Had any other person access to this room but him? - A. No.

RICHARD MARTIN < no role > sworn. - Examined by Mr. Garrow. I am a watchman, employed at the House of Correction, in Coldbath fields.

Q. Do you remember the prisoner being in custody there? - A. Yes, I do.

Q. Did he, at any time, make any proposal to you? - A. Yes; he did.

Q. How long had he been in custody? - A. I cannot say; he made applications several times; he wished, first of all, to have a hook made, to throw over the wall to pull himself up by; I told him I could not; I said, if you want to get out, there are plenty of ropes about; he said, he wanted a friend on the outside to assist him, at some certain time, if I would keep out of the way; I did not see that he had any friend, nor nothing at all about it.

Q. Did you communicate this conversation to Mr. Aris, the Governor of the prison? - A. I did; the prisoner afterwards employed me to carry a letter to a gentleman on Clerkenwell-green; I received the letter from him, and gave it to Mr. Aris first, and then Mr. Aris sent it to Mr. Valentine, by me; I gave it to Mrs. Valentine, her husband was not at home.

Q. Are you sure the letter that you received from the prisoner, was the same letter that you gave to Mr. Valentine? - A. Yes.

Q. Look at that letter? - A. That is the letter. Jury. Q. Are you quite sure that is the letter? - A. Yes, it was never out of my sight. (The letter read.)(See page 471, last sessions.)

Cross-Examined by Mr. Knapp. Q. Are you watchman now to the House of Correction? - A. No; I have been very ill.

Q.How long had you been watchman to the House of Correction? - A. It was about a fortnight after Christmas when I first went there.

Q. How soon were you discharged from the situation of watchman? - A. I was not discharged, I went away of my own accord, through illness.

Q. You will, of course, then, return to your situation? - A. No; I do not chuse to go again.

Q. You were not before the Justice? - A. No.

WILLIAM GIBBS < no role > sworn. - Examined by Mr. Garrow. I keep a house, at No. 46, Fenchurch-street.

Q. Have you a lodger of the name of Gibbs? - A. Yes, Richard Gibbs; his family consists of himself and his wife.

Q. The prisoner was apprehended in that lodging? - A. Yes.

Q. Did you know that such a person was in your house? - A. I did not know that there was any body in the house but Gibbs and his wife.

Q.Nor had any reason to suspect it? - A. No.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I am but little calculated to make a defence, much less when I consider that every eye is upon me, and every ear open to the words I utter; I am but little skilled in logic, but considering the situation I am in, I feel it necessary to exert every nerve. First of all, let us take a slight view of the solicitor for the prosecution, Mr. Loaring, he has been telling you, that I had a lodging in such a place, after that, in such a place, and after that in such a place. Can he prove to you that I bore a bad character at either of those places? Can he prove to you that I defrauded him or any other person, at either of those places? Can he prove to you that I have committed forgeries, or that I have circulated bad notes at either of those places? If he cannot prove that, where is the utility of his speaking? He might as well have told you that I was born in Birmingham, and after having been at school, was apprenticed, and at the expiration of that apprentiship, became a journeyman; it would have been as fully applicable, or he might as well have told you, that Paris was the metropolis of France, or that the Old Bailey did not stand uponLondon-Bridge. He did not tell you that I was a clerk in the Bank; he did not tell you that I was employed to go about searching every place to discover forged notes; no, he did not tell you that, because it would have militated against himself; but I leave it for you to draw the inference upon his character, while I attempt to proceed a little farther. I will now take a view of the Counsel for the prosecution, and in doing this, I cannot but feel myself astonished to see a man stand up in this Court with all his strength, with all his might, with all his logic, attempting a stab a fellow-creature to the heart; he has been traducing, vilifying me, stating that he has not the least doubt of proving my guilt by such and such a circumstance, by such and such evidence; and he has not least doubt, that the facts will be proved; forgery cannot be proved against me, but he hopes to cast me upon circumstances. Gentlemen, be careful, consider the situation you are in, consider the eye of God is upon you, and likewise consider that you have this day taken your oath to do me justice. Has the prosecutor proved to you, that I committed the forgery? Has any evidence proved that I circulated it, knowing it to be forged? Have they proved the least appearance of what I now stand charged with? Gentlemen, your reason must tell you, no; no man's life ought to be taken without the clearest proofs, particularly for forgery, for as soon as a man is cast for forgery, you may as well shoot him dead at the bar, for there is no respite, all is then over; suppose either of you had a son, most likely some of you have; suppose it to happened that your son had taken a Bank-note, and he pays it to his tailor or his doctor; it turns out to be a forged one; it is traced to his possession, he is taken, doubled ironed, and tried for the forgery; what would be your feelings, as fathers, upon that occasion? Would it not be your prayer to Almighty God, that his innocence might appear; would you not sympathize with his situation, would you not feel for him? Certainly you would, and what would be your opinion of that Jury, who should find a verdict against him for nothing at all? should you not think it head that your son should lose his life for nothing? Can any reason upon earth be brought forward to justify such a verdict? No, Gentlemen, your reason will tell you, no, it is impossible. Gentlemen, be careful, let me exhort you to bring your understandings to the test of truth. Has the prosecutor believed to you, that I am guilty of the circulation of the notes of which he wishes to convict me upon circumstances where the evidence is not clear? If you think as I do, and as every body must do, that the Counsel for the prosecution has not proved the least appearance of guilt, you cannot, consistent with your oaths, this day, find me guilty; you cannot, consistent with the principles of justice and humanity; you cannot, consistent with the duty of Christians this day take away my life. Gentlemen, I have oftentimes heard, that men have lost their lives upon circumstances. This, in my opinion, is extremely cruel, because, if circumstances are ever so pointed, if they are ever so obvious, if they are ever so clear. they only amount to probability, and probability implies at least a kind of uncertainty, and where there is no proof, gentlemen, you ought to be very careful; but even supposing a man ought to lose his life upon circumstances, here there are no direct circumstances at all; for if I am to lose my life because I pay away a note, you, and every person present, might stand at this bar for the offence - offence I cannot call it, but you are as liable, gentlemen, to take a bad note as I am, and if that is the law of this country, don't let England set herself up as an examples to other countries. The Bank would with to convict me upon slight circumstances. With respect to the letter,they would wish to urge it as an evidence of conscious guilt, nothing can be more ridiculous, in my opinion, than this. When I was first taken into custody, I was taken to the House of Correction, and there the Governor (you have most likely heard talk of him) took me into the kitchen, and desired all the turnkeys to watch me closely; no person was suffered to speak to me; my sister came twelve miles from the country to see me, but was not permitted; she went to the justice, and he did not think fit to give an order; I have a brother, who came one hundred miles, and he, with difficulty, got admittance; after I had been there some time, the Governor took me into his private closet, as he calls it, and said, Mr. Holt, you are in a serious situation, depend upon it you will lose your life; you had better tell me all, and you shall have an attorney and counsel, and the best advice, for, says he, the Bank-directors are so severe, that they will. prosecute a person for only having about him a forged note; I told him I had nothing to fear, and therefore as to discovering any thing to him, I could not; I was informed they meant to do all they could to convict me; this induce me to write this letter, in order to make my escape, though I was innocent, knowing I had such a body to contend against, and having heard that men had been executed upon such circumstances, I began to be alarmed, which was the cause of my writing that letter, but after that, I had several opportunities of getting away; I was placed in the kitchen where the keys were kept, and I could have let myself out, as well as all the prisoners confined in the prison, if I had pleased, but I was determined I would trust to Providence and take my trail. It is very true, that I lived with a female, and in order to get rid ofher, I took this other lodging. As to the materials that have been produced, they are such as I use in my business as a varnisher. Gentlemen, whatever may be your verdict, it will not make me unhappy, as I am conscious of my own innocence. I do not conceive it to be necessary to say any more upon the subject.

For the Prisoner.

- DIMSDALE sworn. - Examined by Mr. Knapp. I am a japanner, in Aldersgate-street: I have known the prisoner four years, he worked journey-work, as a japanner, where I served my time; his character has been that of a very honest industrious man; he has worked for me, and a very industrious man I found him.

Q. Is it customary to use camel's hair pencils, and varnish, in your business? - A. Yes, certainly,

THOMAS WILLIAMS < no role > sworn. - Examined by Mr. Gurney. I am a japanner, I have known the prisoner five years, his character has always been that of an honest man.

Q. Is it customary in your business to use camel's hair and varnish? - A. Certainly.

Cross-examined by Mr. Garrow. Q. Look at that composition, and tell me if it is used in your business? - A. Altogether, I cannot say what it is.

Q. How many years have you been a japanner? - A. Eleven years and upwards.

Mr. Gurney. Q. You don't make varnish, you buy it ready made? - A. Yes.

Mr. Garrow. Q. Is that a varnish in your business? - A. I cannot say.

Q.Warm it. (The witness warms it over a candle.) - A. I cannot say any thing about it. The prisoner called two other witness who gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Baron HOTHAM < no role > .