1 JOHN-WEBB ELKINGTON proceedingsdefend was indicted for feloniously forging, on the 31st of August , a certain bill of exchange to the tenor and effect following, that is to say.

No. 1364. £23 Oct. 11th.

Birmingham, August 8th, 1801.

Two months after date pay to Mr. Joseph Brown, or Order, twenty-three pounds, value received, which place to account, as advised by Spooner, Attwood, and Co.

Thomas Davis and Co.

Sir James Esdaile < no role > , Esdaile, 1324 c.

Hammet, Esdaile, and Hammet,

Bankers, London.

with intention to defraud William Molloy proceedingsvictim .

Second Count. With uttering and publishing the same as true, knowing it to be forged, with the like intention.

Third and Fourth Counts. With feloniously forging and uttering as true, knowing it to be forged, an acceptance of the like bill of exchange, as follows: Accepted for Sir James Esdaile, Hammet, Esdaile, and Hammet. J.B. With the like intention.

Fifth and Sixth Counts. With forging and uttering as true, knowing it to be forged, an indorsement on the like bill of exchange, of the name of Joseph Brown < no role > , with the like intention.

WILLIAM MOLLOY sworn. - I am a shoemaker , and live at No. 16, High-street, St. Giles's: On Thursday, the 10th of September, the prisoner came to my shop to purchase three dozen pair of shoes of the same sort as he had purchased on the 31st of August, which was the first time I saw him; I looked them out, and he approved of them; they came to nine pounds six shillings, and he gave me a bill for twenty-three pounds upon Sir James Esdaile < no role > , Hammet, and Esdaile, to change.(Produces the bill.) I took it to Mr. Lee, a currier, and the prisoner remained in the shop; I got change there, and gave the prisoner the difference; I think it was twelve pounds odd shillings; I asked him where I should send the shoes; he said, he would send word by the gentleman who was with him, of the name of John Nabbs, whom I knew to be a Manchester gentleman, a friend of mine having empowered me to settle a debt of three hundred pounds with him, and seeing the prisoner with him, I did not inquire about him; when I had given the change, they went away; the shoes lay in my shop for some days, when he sent a written direction by this gentleman to send the shoes to the Angel Inn, Angel-street, St. Martin's-le-Grand, to be left at the bar for Mr. John-Webb Elkington. I did not send them for two days after, and, in the mean time, he sent a porter for them, who took them away, but brought them back on Saturday, and said, he had taken the shoes to the Black-Dog, Mile-End-turnpike, but the landlord would not pay him; I thanked him, and paid him; the prisoner, in about two days after, called; and said, he was very sorry I had the trouble, but he would pay all the expence of carriage, which he did, and took the shoes; this was about seven days after his first purchasing them. On the 10th of September, he came to me a second time to purchase the same quantity of shoes for one Captain Williams< no role > , a relation of his, who was going to America; they were to be at the Dundee Arms by twelve o'clock; he presented a bill for fifteen pounds; I said, I had no change; he said, he was going to an acquaintance where he could get cash for the note, and he would call and pay me in cash; he went away, and came again about four or five o'clock in the afternoon; he said, he was disappointed, as his friend was out, and had I not got so much change in the house; I said, I had not; he went away, and called a third time, about seven o'clock; I told him, if he would leave the bill, I would get the cash, but I could not do it sooner than the morning. O surely, says he, you are very welcome, and he indorsed it immediately in his own name; he called upon me about eight o'clock the next morning; I said, I had not got the change, but to call a little after nine; he called at ten, when I was out; I went into the City to inquire about the bill, and found it was a bad one; he called again at eleven, and I asked him how he could be so cruel as to come to me a second time with a bad bill; he said, a bad bill! that cannot be, I am not afraid of it, I am certain it is good, and I will make it good to you; I told him, I hoped he would do so; the second parcel of shoes were in the shop; he wrote a note to some friend of his in Rosemary-lane, a Mr. Postlethwaite, at Mr. Beaumont's, but he never came; the prisoner was taken into custody on the 11th, and on the 18th he was fully committed.

Cross-examined by Mr. Alley. Q. When this man first came to your shop, he came with Mr. Nabbs, whom you knew? - A. Yes, or I should not have given him credit.

Q. Upon all the inquiry you made afterwards, did you not discover the account he gave of himself was true? - A. Yes, I did.

Q. Did he not tell you he had the bill from a person of the name of Carter? - A. He said, a man owed him near fifty pounds, but I cannot recollect the name; I did not see any body but the prisoner and Mr. Nabbs.

Mr. JOHN HORNIDGE sworn. - I am clerk to Esdaile and Co. (Looks at the bill.) This is not the acceptance of Esdaile and Co. I accept alone for that house; the partners accept, but no clerk but myself; I write only John Hornidge; the partners accept for Esdaile and Co. This is not their hand-writing.

Cross-examined by Mr. Alley. Q. Do you know whether the partners have or not given authority to some other person to accept as well as yourself? - A. I never understood they had; none of the partners are here.

Q. The bill is indorsed in his own name? - A. Yes.(The bill read.)

Prisoner's defence. I received those bills at Birmingham of one Carter, who is a carpenter and joiner; I don't know his Christian name; he owed me a little money when I was with my father, in October last, but I cannot say justly the sum; he gave me those bills for that money, and I advanced eight guineas on them; when I came to London, I took one of them to Mr. Williams. who is a distant relation of mine, and he wanted three dozen of shoes to take to Africa with him; that he said he should not received any money till he got into the Downs, and could not pay for them; I told him I would advance it till them, which I did; he wanted some stop things, which I also ordered for him but, when I found the bills were not good, I ordered the shoes back again; the stop things I never had.

Court. Q. < no role > (To Molloy.) Did you get the shoes back again? - A. Yes, all but one pair.

NOT GUILTY .

First Middlesex jury, before Mr. Brown Graham < no role > .