312. JOSEPH THOMPSON , alias JOSEPH WOOLMAN THOMPSON proceedingsdefend , was indicted for feloniously forging, on the 3d of October , an acceptance of a bill of exchange for payment of 90 l. 2 s. in the name of A.M'Dougall and Company, with intent to defraud Harold Daniel proceedingsvictim .

SECOND COUNT, for feloniously uttering and publishing as true a like forged acceptance of a bill of exchange, with the same intention.

HAROLD DANIEL < no role > . Q. You are a coach-builder , I believe - A. Yes, my warehouse is in Old Bond-street.

Q. At the beginning of October last did some person come to your warehouse and cheapen a gig - A. A card was left in my absence respecting the gig on the 1st of October. In consequence of that I went to No. 51, Great Hermitage-street, I there saw the prisoner, I asked for Mr. M'Dougall, I told him in consequence of the card being left I called upon him, the prisoner said, Mr. M'Dougall was not at home, that they had seen a gig of my manufacture; he said we wish to purchase the gig, as if he himself was one of the party. He and I agreed for the price of the gig, it was to be ninety guineas.

COURT. Ninety pounds or ninety guineas - A. Ninety guineas. I agreed at last it should be eighty-five guineas. He observed that their payments had been very great that quarter, and that it would be a great accommodation to him if I would take a bill at three months.

Mr. Adolphus. Who was to accept that bill - A.Mr. M'Dougall and Company.

Q. That was mentioned, was it - A. Yes, by the firm, at three months. He gave me reference of their responsibility, he referred me to Mr. Thompson of Clark-lane, he said he had dealings with that house, and that Mr. Thompson would satisfy me as to their character.

Q. Did you in consequence of that apply to this Mr. Thompson - A. I did, I saw a person in the accompting-house; I said, I came from M'Dougall and Company in Hermitage-street, and said that they referred me to him; he observed that he had dealings with him to the amount of fifty gigs, and that they were perfectly safe; upon that I directed the gig to be delivered, and it was delivered.

Mr. Gurney. The house that you went to in Mark-lane was the house of Messrs. Moffatt's, you know Moffatt's is a respectable house, do not you - A. I do not recollect. I saw the name written on the door, Moffett, some time after.

Q. Have not you arrested the prisoner for this bill upon the gig. You understood from the prisoner that he was one of the firm of the house to which you went - A. Yes, trading under the name of M'Dougall and Company. The prisoner did not state himself to be M'Dougall; the prisoner said, M'Dougell was not at home. I arrested the prisoner for the gig as goods sold and delivered.

ALFRED DANIEL < no role > . I am the brother of the last witness.

Q. In consequence of directions that you received from your brother did you on the 3d of October go to No. 51, Great Hermitage-street - A. Yes.

Q. Did you enquire there for the house of M'Dougall and Company - A. At the London Docks I did.

Q. From some enquiry you found M'Dougall was not at home. Was your brother with you - A. No. it was two days after; I enquired for M'Dougall and Company; I found they were not at home. I was introduced into a room, I saw a man which I verily believe to be the prisoner at the bar; I said to him sir, I am come for a bill for the gig which the servant has had, and I enquired if the gig had arrived, I think he made enquiry in the house if it had of some person and the person of whom he enquired said, no. It was very rainy afternoon, and the person which I verily believe to be the prisoner said that as it rained hard the servant would not come round with it to day; I then asked if he would procure a stamp for me to draw the bill. I said the harness was sent with the gig, and I should be glad to know if he would consent to take it as it was particularly ordered; he replied Mr. M'Dougall was not at home, and therefore he could not take upon him to say, notwithstanding Mr. M'Dougall and he were like two brothers. I then said I would draw for the amount of the gig if he would procure a stamp; I said the harness was sent with the gig, and if the harness was not returned in a day or two I should conclude that he had agreed to take it, and should send in a bill according, which I did, about the harness, I then gave a pound note, either to him or his clerk, the clerk went out and brought in a stamp.

Q. What stamp was it - A. I did not look at it at the time.

Q. Did he give you the difference - A. No, he replied he could not get change; I proposed, and it was agreed that the difference should be added to the gig. I drew< no role > the bill. That is the bill of exchange, I drew< no role > a bill, and the person which I very believe to be the prisoner took it into another room, he remained there a short time or staid away from me a short time however and brought this acceptance. This is the bill which I gave to him, and he returned it accepted, it is for ninety-pounds two shillings, the acceptance is in red ink.

Q. Did any conversation take place upon the bill - A. Yes, he replied Mr. M'Dougell had no bankers as he had lately lost three thousands by the failure of Brickwood's house.

Q. Has the bill ever been paid - A. Not as I know off.

Q. Look stedfastly at the prisoner and tell me whether you have any doubt whether he is the person - A. I can only repeat what I have before observed, I verily believe it to be the man.

(Read.)

"1811. 90 l. 2 s. Please to pay Mr. Harold Daniel ninety pounds two shillings, value received in a carriage of Harold Daniel < no role > to Messrs. M'Dougall, Great Hermitage-street, London Dock."

Mr. Gurney. Is it dock or docks, let the jury see whether it is dock or docks.

JURY. We are not of opinion that it is an s.

NOT GUILTY .

First Middlesex jury, before Mr. Baron Thompson.