<div1 type="trialAccount" id="t17400416-38"> <interp inst="t17400416-38" type="collection" value="BAILEY"></interp>
<interp inst="t17400416-38" type="uri" value="sessionsPapers/17400416"></interp>
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<interp inst="t17400416-38" type="before" value="17400416"></interp>
<join result="criminalCharge" id="t17400416-38-off226-c232" targOrder="Y" targets="t17400416-38-defend309 t17400416-38-off226 t17400416-38-verdict231"></join>
<join result="criminalCharge" id="t17400416-38-off228-c232" targOrder="Y" targets="t17400416-38-defend309 t17400416-38-off228 t17400416-38-verdict231"></join>
<p>231. + <rs type="persName" id="t17400416-38-defend309"> <interp inst="t17400416-38-defend309" type="role" value="proceedingsdefend"></interp>
Edward Barton <interp inst="t17400416-38-defend309" type="surname" value="Barton"></interp>
<interp inst="t17400416-38-defend309" type="given" value="Edward"></interp>
<interp inst="t17400416-38-defend309" type="gender" value="male"></interp>
</rs>
, the elder, of the <rs type="placeName" id="t17400416-38-defloc224">County of Southampton</rs>
<interp inst="t17400416-38-defloc224" type="placeName" value="County of Southampton"></interp>
<join result="persNamePlace" targOrder="Y" targets="t17400416-38-defend309 t17400416-38-defloc224"></join>
, <rs id="t17400416-38-deflabel225" type="occupation">Gent</rs>
<interp inst="t17400416-38-deflabel225" type="occupation" value="Gent"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17400416-38-defend309 t17400416-38-deflabel225"></join>
. was indicted for <rs id="t17400416-38-off226" type="offenceDescription"> <interp inst="t17400416-38-off226" type="offenceCategory" value="deception"></interp>
<interp inst="t17400416-38-off226" type="offenceSubcategory" value="forgery"></interp>
feloniously and fraudently making, forging, and counterfeiting, and causing to be made, forged and counterfeited, in the Parish of <rs type="placeName" id="t17400416-38-crimeloc227">St. Dunstan's in the West</rs>
<interp inst="t17400416-38-crimeloc227" type="placeName" value="St. Dunstan's in the West"></interp>
<join result="offencePlace" targOrder="Y" targets="t17400416-38-off226 t17400416-38-crimeloc227"></join>
<join result="offencePlace" targOrder="Y" targets="t17400416-38-off228 t17400416-38-crimeloc227"></join>
, February 25th, 1739, a certain sealed Writing-Obligatory, called a Bond, with the Name of <rs type="persName" id="t17400416-38-victim311"> <interp inst="t17400416-38-victim311" type="role" value="proceedingsvictim"></interp>
George Collins <interp inst="t17400416-38-victim311" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-victim311" type="given" value="George"></interp>
<interp inst="t17400416-38-victim311" type="gender" value="male"></interp>
</rs>
thereunto subscribed, and the counterfeit Mark of <rs type="persName" id="t17400416-38-victim313"> <interp inst="t17400416-38-victim313" type="role" value="proceedingsvictim"></interp>
Nicholas Collins <interp inst="t17400416-38-victim313" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-victim313" type="given" value="Nicholas"></interp>
<interp inst="t17400416-38-victim313" type="gender" value="male"></interp>
</rs>
thereunto made. With a Condition thereunder, importing an Obligation for the Payment of 83 £. and bearing Date the 9th of June, 1729. With Intent to defraud the said George Collins and Nicholas Collins, against the Form of the Statute, &c. </rs>
</p>
<p>He was also charged with <rs id="t17400416-38-off228" type="offenceDescription"> <interp inst="t17400416-38-off228" type="offenceCategory" value="deception"></interp>
<interp inst="t17400416-38-off228" type="offenceSubcategory" value="fraud"></interp>
uttering and publishing the same, in the Parish of St. Dunstan's in the West, knowing it to be false, forged and counterfeit </rs>
, <rs id="t17400416-38-cd229" type="crimeDate">February 25</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17400416-38-off226 t17400416-38-cd229"></join>
<join result="offenceCrimeDate" targOrder="Y" targets="t17400416-38-off228 t17400416-38-cd229"></join>
.</p>
<p>The Counsel for the Prosecution having opened the Charge, proceeded to take Notice of the Nature of the Evidence, they should produce in order to support it, viz. That Mr. Barton had been employed as an <rs id="t17400416-38-deflabel230" type="occupation">Attorney</rs>
<interp inst="t17400416-38-deflabel230" type="occupation" value="Attorney"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17400416-38-defend309 t17400416-38-deflabel230"></join>
by the two Collins's, in several Lawsuits; and 84 £. 16 s. and 6 d. being (as he said) due to him, on account of Business he had transacted for them; they gave him for his Security a Bond for 83 £. - and that the Persons who witnessed that Bond, were <rs type="persName" id="t17400416-38-person314"> <interp inst="t17400416-38-person314" type="role" value=""></interp>
Honour Luff <interp inst="t17400416-38-person314" type="surname" value="Luff"></interp>
<interp inst="t17400416-38-person314" type="given" value="Honour"></interp>
<interp inst="t17400416-38-person314" type="gender" value="female"></interp>
</rs>
and <rs type="persName" id="t17400416-38-person315"> <interp inst="t17400416-38-person315" type="role" value=""></interp>
Nicholas Luff <interp inst="t17400416-38-person315" type="surname" value="Luff"></interp>
<interp inst="t17400416-38-person315" type="given" value="Nicholas"></interp>
<interp inst="t17400416-38-person315" type="gender" value="male"></interp>
</rs>
. That the Prosecutors some Time after, (being dissatisfied with Mr. Barton's acting for them as an Attorney) employed one Mr. Read, (another Attorney in the Neighbourhood) to transact their future Business; upon which Mr. Barton began to put this Bond into Execution against the two Collins's. But by Mr. Read's Advice, the Collins's complained to the Court of Common Pleas, and pray'd, that the whole Affair, and all the Accounts subsisting between them and Mr. Barton, might be examined and settled by the Prothonotary. Which being ordered by the Court, the present Defendant, (Mr. Barton) appeared personally, and produced this Bond, (which the Indictment charges to be forged and counterfeit) instead of the true Bond, which the Prosecutors in this Cause, acknowledge had been given to Mr. Barton, and on the Back of which, (they say) there was an Indorsement of 20 £. which the two Collins's had paid off, and for which Mr. Barton had given a Receipt. That this Bond, without any such Indorsement on the Back, is what they now complained of, and tho' it is witnessed by Honour Luss, who was a subscribing Witness to the true Bond, and by the Son of Mr. Barton; yet, she says, she never subscribed as a Witness to any Bond, in which Mr. Barton the younger was a joint Witness with her, &c.</p>
<p> <rs type="persName" id="t17400416-38-person316"> <interp inst="t17400416-38-person316" type="role" value=""></interp>
John Collins the Elder<interp inst="t17400416-38-person316" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-person316" type="given" value="John"></interp>
<interp inst="t17400416-38-person316" type="gender" value="male"></interp>
</rs>
. I have known Mr. Barton the elder, many Years, I never saw him write his Name himself, but I have seen his Name to a great many Papers. I am acquainted with his Handwriting, and I believe the filling up in the Body of this Bond, may be his Hand-writing. I have seen him write other Writings, tho' I have not seen him write his Name, and I believe this filling up, tallies with his Manner of writing. I believe so; but I can't be positive to such Things. The Name - George Collins, which is opposite to the first Seal, I believe is not George Collins's Hand, to the best of what I know. Here are several Letters not like his writing, the C for one, and likewise the E, none of them compares rightly with his Hand. - I don't say all of them, - some of the Letters may. To the best of my Knowledge this is not George Collins's writing,</p>
<p> <rs type="persName" id="t17400416-38-person317"> <interp inst="t17400416-38-person317" type="role" value=""></interp>
John Collins <interp inst="t17400416-38-person317" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-person317" type="given" value="John"></interp>
<interp inst="t17400416-38-person317" type="gender" value="male"></interp>
</rs>
the younger. The writing in the Obligation Part of this Bond, I take to be Mr. Barton's the elder. I have been acquainted with his Manner of writing, six or seven Years, and this is very much like his Hand-writing; for I have seen him write several Times. I have known Mr. Barton ten or eleven Years, - twenty Years by Sight. As to the filling up of the Bond, [between the Printing,] I take it to be Mr. Barton's the elder, but I can say no farther than my Belief. The Name George Collins underneath, I take not to be Collins's writing, because in December, 1735, I was with Collins at Mr. Barton's Office, and in talking over their Affairs, I heard <rs type="persName" id="t17400416-38-person318"> <interp inst="t17400416-38-person318" type="role" value=""></interp>
George Collins <interp inst="t17400416-38-person318" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-person318" type="given" value="George"></interp>
<interp inst="t17400416-38-person318" type="gender" value="male"></interp>
</rs>
say to Mr. Bar-ton,<xptr type="pageFacsimile" doc="174004160034"></xptr>
- you know I have given you a Bond for 83 £. and <rs type="persName" id="t17400416-38-person319"> <interp inst="t17400416-38-person319" type="role" value=""></interp>
Nicholas Luff <interp inst="t17400416-38-person319" type="surname" value="Luff"></interp>
<interp inst="t17400416-38-person319" type="given" value="Nicholas"></interp>
<interp inst="t17400416-38-person319" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17400416-38-person320"> <interp inst="t17400416-38-person320" type="role" value=""></interp>
Honoria Luff <interp inst="t17400416-38-person320" type="surname" value="Luff"></interp>
<interp inst="t17400416-38-person320" type="given" value="Honoria"></interp>
<interp inst="t17400416-38-person320" type="gender" value="female"></interp>
</rs>
were Witnesses to it; and Mr Barton said, Yes, in answer to what Collins had said. <rs type="persName" id="t17400416-38-person321"> <interp inst="t17400416-38-person321" type="role" value=""></interp>
George Collins <interp inst="t17400416-38-person321" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-person321" type="given" value="George"></interp>
<interp inst="t17400416-38-person321" type="gender" value="male"></interp>
</rs>
, farther said, - you know I have paid 20 £. off that Bond, and have your Receipt for it; but Mr Barton said, he did not remember it; if he had, he did not know what to say to it; but if he had, it must be so. I know nothing about the Mark of Nicholas Collins. This Conversation passed between Collins and Mr Barton, at Mr Barton's Office in the Hop-Garden and there was no one but us three present. Mr Barton complained to Collins, that he owed him a great deal of Money, and that occasioned Collins to tell him of the Bond he had given him. I was at Mr Barton's Office once before this Time, and when I came away, he read a Paper to me, and told me, if I would get George Collins to sign it, he would make me a handsome Present for a Pair of Gloves. George Collins was not Present when Mr Barton said this to me, nor do I remember what were the Contents of the Paper.</p>
<p>Couns. Let us know how this Conversation began?</p>
<p>John Collins, jun. Mr Barton seemed in a stern Humour with Collins, and told him, he owed him a great deal of Money; and that he could not keep the Injunction on Foot; and if he did not, there would come out an Execution against him, and his Stock would be taken; and how, (says Mr Barton) shall I raise Money? Why, (says Collins) if you had paid Mrs Bailey's 200 £. off, as you have had the Money, that would have put a Stop to this Affair. Mr Barton told him, he owed him a great deal of Money himself. Sir, (says Collins) what would you have me do? You have got my All, - I have assigned every Thing to you. I have given you a Bond of 83 £. witnessed by two Persons; and an 80 £. Bond to make up the Money to pay Mrs Bailey off. Mr. Barton upon this agreed, that Collins had given him an 80 £. Bond to make up the Money which was to pay Mrs Bailey, and I think he told him, he had been Security to Mrs Bailey, for the Money he (Collins) owed.</p>
<p>Prisoner's Q. Was not that 80 £. Bond, to indemnify Mr Barton on account of that Security?</p>
<p>Collins. I don't know that. - But Mr Barton was Security for George Collins, to get him out of Goal, I believe. I remember this Conversation passed in December, 1735. I made some Entries in my Day-Book, the beginning of December, concerning some Business I had done for the Collins's at the same Time. I am a Taylor, and live with my Father John Collins. The Entries I made in my Book, were Accounts of some Travels I had made for them in their Trouble, and the Charges I had been at.</p>
<p>Counc. Was there any mention made of any other 83 £. Bond, beside that signed by Sister Luff, and Nicholas Luff?</p>
<p>Collins. No.</p>
<p>[The Counsel shew'd John Collins junior several Papers signed with the Name of George Collins: all which he believed were George's Handwriting, except one, which he believed was not.]</p>
<p>Honoria Luff. I know both Mr Barton and the two Collins's, George and Nicholas: I remember their giving Mr Barton a Bond for 83 l.; I was one of the Witnesses to it, and Nicholas Luff was the other. and I never was a Witness to any other, but one: and in that one <rs type="persName" id="t17400416-38-person322"> <interp inst="t17400416-38-person322" type="role" value=""></interp>
John Hyde <interp inst="t17400416-38-person322" type="surname" value="Hyde"></interp>
<interp inst="t17400416-38-person322" type="given" value="John"></interp>
<interp inst="t17400416-38-person322" type="gender" value="male"></interp>
</rs>
was a Witness with me. But I never witnessed a Bond for 83 l. in my Life, with Mr Barton the younger. When George and Nicholas Collins gave Mr Barton the 83 l. Bond, I made my Mark, as a Witness, and Nicholas Luff wrote his Name, to it: but I am very sure the Mark upon this Bond, is not mine, because here is not the other right Witness's Name, but young Mr Barton's: and therefore I apprehend 'tis not my Mark. If it had been mine, Nicholas Luff would have been the other Witness. That Bond which I was a Witness to, was dated the 9th of June 1729.</p>
<p>Couns. Where was the Bond executed, which you set your Mark to.</p>
<p>Honoria Luff. In George Collins's Brick-Kitchen; George and Nicholas Collins were present, and Mr Barton the Elder, my self, Nicholas Luff, and Ann Luff, my Mother. - I can't say how many Bonds (given by the Collins's) I have been a Witness to, but I am sure I never witnessed any Bond, when young Mr Barton was even in the same Room.</p>
<p>Prisoner's Q. Did you never say you could write, at the Time this Mark is supposed to have been made?</p>
<p>Honoria Luff. No, I never said any such thing.</p>
<p>Couns. Look on that Bill of Costs, in Consideration of which the 83 l. Bond was given.</p>
<p>Honoria Luff. This Paper Mr Barton delivered to George Collins, at his House, the same Day the Bond was executed. I can't swear I saw Mr Barton write it, but I saw him write the Receipt. I do think I saw him write his Name to it, but I can't be positive to that. I have seen Mr Barton the younger write, tho' not very often, and I believe this Name of Edward Barton the younger was wrote by Mr Barton the elder. I can write my self now, and can read Writing, but I don't pretend to know Handwriting. The Bond (in Dispute) was read. It<xptr type="pageFacsimile" doc="174004160035"></xptr>
was for 83 l. signed Geo. Collins: and marked, Nicholas Collins. Attested by Honoria Luff, and Edward Barton, junior. The Bill of Costs amounting to 84 l. 16 s. 6 d. was read, at the Foot of which was the following Receipt. June the 9th 1729. Received then the Sum of 83 Pounds by Bond, for a security for the said Sum; which when paid will be in full of all Demands. <rs type="persName" id="t17400416-38-person323"> <interp inst="t17400416-38-person323" type="role" value=""></interp>
Edward Barton, senior<interp inst="t17400416-38-person323" type="surname" value="Barton"></interp>
<interp inst="t17400416-38-person323" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person323" type="gender" value="male"></interp>
</rs>
.</p>
<p>George Collins was called, but the Defendant's Counsel objecting that he was concerned in Point of Interest, the Counsel for the Prosecution called Mr Warren to prove that the Bond had been paid and that General Releases had been executed on both sides. He deposed that the Release produced in Court, he saw executed by Mr Barton the elder, as his Act and Deed; and that there had been one given by George Collins about a Month before, but none by Nicholas Collins. (The produced Release, was signed Edward Barton, senior; and dated, 11th of Feb. 1737.) And he farther deposed that the Release was given after the Matter had been before the Prothonotary. - He added that the 20 l. mentioned in the opening the Evidence, was never mentioned, or thought (in the former Proceedings) to be in discharge of any Part of the 83 l. Bond: But that Collins having had a suit with the Widow Oakingham; the 83 l. Bond was in Discharge of other Law Charges generally, and was not in Part of this Affair of Oakingham's. He was asked by the Prisoner's Counsel, if there was not a Demand made on Account of this Bond? He answered, that when the Bonds were before Mr Prothomotary Cook, Collins complited that they were given when the Money was not all due; upon which Mr Cook ordered a General Bill of Costs should be laid by Mr Barton before him, and that no Regard should be paid to the Bonds, therefore he could not say the Bonds were considered at all. Some farther Objections being made to George Collins's being called, the same were allowed, and he was not sworn.</p>
<p>Mr Protary Cook gave an Account, that the Affair was before him about two Years ago, and that he intended to have stated what was due from Collins to Mr Barton, both on the Bonds, and on the Taxation of his Bills, and to have added the In-next due upon the Bonds, to the Account; and that when this Bond [which Mr Cook had mark'd] was before him, there was some Objection made, on Account of Mr Barton's having sworn that Honoria Luff had signed her Name thereto, when she had only made her Mark to it: but he did not remember that any other Objection was made to it at that Time.</p>
<p>Mr Warren likewise deposed, that there was no Objection made to the Bond at that Time.</p>
<p>Mr Cook farther deposed that the Bond was produced at his Office (which he deemed to be in London ) as a Demand for so much Money, by one Drury, for Mr Barton.</p>
<p>Nicholas Luff, deposed that he set his Hand as a Witness, to a Bond for 83 l. on the 9th of June 1729; that Honour Luff was a Witness with him at the same Time; and that young Mr Barton was not a Witness to it, nor was he then in the House. That George and Nicholas Collins, Honour Luff, <rs type="persName" id="t17400416-38-person324"> <interp inst="t17400416-38-person324" type="role" value=""></interp>
Ann Luff <interp inst="t17400416-38-person324" type="surname" value="Luff"></interp>
<interp inst="t17400416-38-person324" type="given" value="Ann"></interp>
<interp inst="t17400416-38-person324" type="gender" value="female"></interp>
</rs>
, the elder, Mr Barton and he were present at the same Time, in George Collins's Kitchen, which had a Brick-Floor. He saw no other Paper or Papers produced at that Time; but he said he was abroad, and was sent for, to sign as a Witness, and he believed his Sister Luff, was there all the Time.</p>
<p> <rs type="persName" id="t17400416-38-person325"> <interp inst="t17400416-38-person325" type="role" value=""></interp>
Henry Read <interp inst="t17400416-38-person325" type="surname" value="Read"></interp>
<interp inst="t17400416-38-person325" type="given" value="Henry"></interp>
<interp inst="t17400416-38-person325" type="gender" value="male"></interp>
</rs>
. I have seen Mr Barton the elder write; and I believe the filling up of this Bond is his Writing. I have not seen Mr Barton the younger write, so as to be positive whether his Name is of his own Hand-writing: 'tis a great deal more like Mr Barton the elder's, than his Son's. I am unwilling to answer, because I can't speak positively, nor with certainty. It has the Likeness in all Respects to Mr Barton's the elder, and is not like the younger's. He is 22 or 23 Years of Age. - To be sure I am mistaken he must be more.</p>
<p>Prisoner's Q. What is the Character of Nicholas Collins?</p>
<p>Mr Read. He is looked upon to be a Man of an exceeding good Character. As to John Collins, senior and junior, and Honour Luff, I know nothing of them my self, but their general Character is, that they are very troublesome People. Honour Luff has been looked upon as one concerned in such Affairs, but I have not known her to forswear her self. I have great Reason to believe the contrary, for I never saw any body more cautious, than she was, when she made her Affidavit.</p>
<p>Prisoner's Q. Have you never had any Conversation, with one Hammond about them?</p>
<p>Mr. Read. I don't remember. - I am not concerned in this Prosecution; nor do I know the Persons who are.</p>
<p> <rs type="persName" id="t17400416-38-person326"> <interp inst="t17400416-38-person326" type="role" value=""></interp>
Philip Bigg <interp inst="t17400416-38-person326" type="surname" value="Bigg"></interp>
<interp inst="t17400416-38-person326" type="given" value="Philip"></interp>
<interp inst="t17400416-38-person326" type="gender" value="male"></interp>
</rs>
. I have seen Mr Barton the elder very often; but I never saw him write: and I am but very little acquainted with young Mr Barton; - I never saw him write at all.</p>
<p>Mr Read. I attended Sir George Cook at his Office, and remember this Bond's being produced by Mr Barton the elder. I remember his taking it<xptr type="pageFacsimile" doc="174004160036"></xptr>
out of a Bag of Papers, as a Voucher, on the Bills which were taxed, and to prove that he had such a Demand. I believe this was at the Prothonotary's Office.</p>
<p>Mr. Barton, in his Defence, gave an Account of the several Affairs he had transacted for George and Nicholas Collins, from the 22d of April 1728; and that in June 1729, there was 80 odd Pounds due to him, for Business he had done, and Money he had expended for them. That they being lamentably Poor, and having another Cause depending in Chancery, invited him and his Son to come and dine with them, promising to give him some Security for his Debt. That they accordingly went; and the Bills being satisfactory, the Account between them was then adjusted, and amounted to 84 l. 16 s. and 6 d. That, at their Request, he abated 1 l. 16 s. and 6 d. and they gave him a Bond for the 83 l. to which Honour Luff made her Mark, and his Son signed his Name, as attesting Witnesses. He gave farther an Account of the Business he had done for them, after their having executed this Bond, and the counter Securities they had given him for the Expence and Trouble he had been at in the Management of their Causes; and of the several Transactions which passed between them till the Affair was adjusted, and settled by the Prothonotary.</p>
<p> <rs type="persName" id="t17400416-38-person327"> <interp inst="t17400416-38-person327" type="role" value=""></interp>
Edward Barton, Jun<interp inst="t17400416-38-person327" type="surname" value="Barton,"></interp>
<interp inst="t17400416-38-person327" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person327" type="gender" value="male"></interp>
</rs>
. I was my Father's Clerk when the Bond for 83 £. was given by George and Nicholas Collins.</p>
<p>Couns. How old are you!</p>
<p>Mr Barton, jun. I shall be thirty Years old the sixth of November next. I had been Clerk with my Father better than a Year, at that Time; and was then almost nineteen. It was usual for me to go with him to execute Writings; and I am positive this is my Hand to this Bond: it was given at Exon, in the House of George Collins. My Father had been concerned for the two Collins's, in a great many Causes, and there was due, on several Bills, the Sum of 84 £. 16 s. and 6 d. He abated 1 £. 16 s. and 6 d. and this Bond was given for the remaining 83 £. - I saw George Collins write his Name to this Bond: He sealed and delivered it, and Honour Luff was present at the same Time; she made her Mark to it, and I wrote my Name to it, as Witnesses. This Name (Edward Barton) is my own Hand-writing, and the Writing (the Mark of Honour Luff) is my Father's. The Bond likewise was filled up by my Father.</p>
<p>Couns. Who was present at the Time when this Bond was executed?</p>
<p>Mr Barton, jun. George and Nicholas Collins, George Collins's Wife, Honoria Luff, Ann Luff, and a Person that came in and out, as a Servant, in a Carter's Surplice; who he was I cannot tell. I was a Witness to Writings two Years before this, - in the Year 27. This is my Hand on the Back of this Parchment; and the middle Name is my Hand, on the Back of this other. These Deeds I engrossed myself, and often went with my Father to attest Writings.</p>
<p>Couns. Was this Bond filled up before you went to Collins's, or after you came to his House?</p>
<p>Mr. Barton, jun. I believe my Father filled it up after we went there; and it was executed in the Kitchen?</p>
<p>Couns. What Floor had the Kitchen?</p>
<p>Mr Barton, jun. I cannot charge my Memory with that. We both dined there that Day, and I think we had some Fowls and a Piece of Bacon for Dinner.</p>
<p>Couns. Did you see Nicholas Luff there?</p>
<p>Mr Barton, jun. I don't remember I did. If I did, he appeared as a Servant, in and out: I did not mind him as a Person concerned; and I don't know that I have ever seen him before, or since.</p>
<p>Q. Look again upon your Name: Is the Word Junior your Hand-writing?</p>
<p>Mr Barton, jun. Yes, I do believe it is.</p>
<p>- Williamson, Esq; I don't know much of the Collins's myself: but by all Report, their general Character is very bad. I have heard they are very litigious People, and frequently concerned in Law-suits. They bear so very bad a Character, that I would not believe them, upon their Oaths; and I believe a great many others would not. I think their Characters are so very bad, that they ought not to be believed.</p>
<p>Prisoner's Q. I think, Sir, you was High-Sheriff of the County last Year?</p>
<p>Mr Williamson. Yes, I was. I live in Exon: the two John Collins's live in Hambleden Parish, three or four Miles distant. Honour Luff lives in my Parish; she bears a very bad Character, I am upon my Oath, - I should not care to believe her upon her Oath.</p>
<p>Mr. Bonbam. I know John Collins and Honour Luff. I formerly lived near them: but I now live seven or eight Miles distant from them. They never wronged me, but their general Character in the Neighbourhood is an evil one: 'tis generally bad. I should give no Credit to him, or her, tho' they were upon Oath. Mr. Barton I have known thirty Years; he is a Gentleman of a good paternal Estate, and married a Woman of a good Family.<xptr type="pageFacsimile" doc="174004160037"></xptr>
I don't believe he is capable of being guilty of Forgery; nor is there a Man in our Country who believes him guilty. His Character is a very good one?</p>
<p>Couns. Have you seen Collins within these seven Years?</p>
<p>Mr Bonham. I don't know whether I have or not. I saw Honour Luff some Months ago at Alresford. I knew her before that Time. I have an Estate within a Mile of the Place where they all live; and all People give them evil Character.</p>
<p> <rs type="persName" id="t17400416-38-person328"> <interp inst="t17400416-38-person328" type="role" value=""></interp>
John Barnard <interp inst="t17400416-38-person328" type="surname" value="Barnard"></interp>
<interp inst="t17400416-38-person328" type="given" value="John"></interp>
<interp inst="t17400416-38-person328" type="gender" value="male"></interp>
</rs>
, Esq; I know Collins of Hambledon the elder. About 10 Years ago, his Son was indicted for setting the Moors on Fire: I did not know Collins the younger before that Time. And Honour Luff I have known twenty Years. The general Characters of them all three are bad, and I really believe none of them are to be credited. Mr Barton bears as good a Character as any Gentleman in the County: He's a Man of good Substance, and I believe would scorn to do what he's charged with, as much as any Man in the Kingdom.</p>
<p>- Penton, Esq; I have known Mr Barton, 15, 16, or 20 Years: He has a very good Character, and has always behaved well in his Profession. He is a Man of Fortune, not much less than 200 £. a Year; but I don't know his Circumstances particularly. His general Character is exceeding good, and I believe he would by no means do a thing of this Sort. I know nothing at all of the Collins's: I live about seven Miles from Mr Barton.</p>
<p>Mr Clark. In 1704, I got Mr Barton sworn an Attorney: he has done Business for me; I never knew him do an unfair Thing: but he always behaved as well as ever I knew a Man in my Life, and I took him to be a very honest Man.</p>
<p> <rs type="persName" id="t17400416-38-person329"> <interp inst="t17400416-38-person329" type="role" value=""></interp>
Edward Wools <interp inst="t17400416-38-person329" type="surname" value="Wools"></interp>
<interp inst="t17400416-38-person329" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person329" type="gender" value="male"></interp>
</rs>
. I don't know the two Collins's; I have no Acquaintance with them myself. I live about nine Miles from them, but from the Character I have heard of John and Nicholas Collins, and Honour Luff, I think they ought not to be believed upon their Oaths.</p>
<p> <rs type="persName" id="t17400416-38-person330"> <interp inst="t17400416-38-person330" type="role" value=""></interp>
William Collier <interp inst="t17400416-38-person330" type="surname" value="Collier"></interp>
<interp inst="t17400416-38-person330" type="given" value="William"></interp>
<interp inst="t17400416-38-person330" type="gender" value="male"></interp>
</rs>
. The 2 Collins's and Honour Luff bear a very bad Character, and I believe are not to be credited upon Oath. I never heard any body speak well of them in my Life. I live about eight or nine Miles off, but their Characters ring pretty much about the Country, - farther than eight or nine Miles. I heard this Character of them before Mr. Barton was concerned for them.</p>
<p> <rs type="persName" id="t17400416-38-person331"> <interp inst="t17400416-38-person331" type="role" value=""></interp>
Edward Snuggs <interp inst="t17400416-38-person331" type="surname" value="Snuggs"></interp>
<interp inst="t17400416-38-person331" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person331" type="gender" value="male"></interp>
</rs>
. I know the two Collins's and Honour Luff. I live within four Miles of the two John Collins's. They all three have very bad Characters; and I don't think they ought to be believed upon Oath.</p>
<p> <rs type="persName" id="t17400416-38-person332"> <interp inst="t17400416-38-person332" type="role" value=""></interp>
Edward Hooper <interp inst="t17400416-38-person332" type="surname" value="Hooper"></interp>
<interp inst="t17400416-38-person332" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person332" type="gender" value="male"></interp>
</rs>
, Esq; I have known Mr Barton twenty Years, and never heard but that he bore an exceeding good Character. His Family is very well respected in the Country, I always took him to be a Man of Substance, and belov'd by all his Neighbours. I am in the Commission of the Peace myself, and have often heard the Gentlemen in the Commission complain of the Collins's being uneasy troublesome Fellows. They have the Characters of bad Men; and if they were to come to me for a Warrant I would not take their Oaths. I don't know the Christian Names of the Collins's, but I never knew that there were more than two of them. I don't know Honour Luff.</p>
<p>Couns. If they have such bad Characters, do you think Mr Barton, (who has such a good one) would have been employed by them?</p>
<p>Mr Hooper. Probably he might not know them.</p>
<p> <rs type="persName" id="t17400416-38-person333"> <interp inst="t17400416-38-person333" type="role" value=""></interp>
Mary Webb <interp inst="t17400416-38-person333" type="surname" value="Webb"></interp>
<interp inst="t17400416-38-person333" type="given" value="Mary"></interp>
<interp inst="t17400416-38-person333" type="gender" value="female"></interp>
</rs>
. I know the two John Collins's and Honour Luff very well. I live about two or three Stonescast from Honour Luff. Their general Character is so very bad, that I think they are not to be believed upon their Oaths. I have known them ten Years; but I have not kept them Company a great while. I rent a House of them, yet I never go near them, but when I carry my Rent; and then I never stay longer than I have an Acquittance.</p>
<p> <rs type="persName" id="t17400416-38-person334"> <interp inst="t17400416-38-person334" type="role" value=""></interp>
Charles Mitchell <interp inst="t17400416-38-person334" type="surname" value="Mitchell"></interp>
<interp inst="t17400416-38-person334" type="given" value="Charles"></interp>
<interp inst="t17400416-38-person334" type="gender" value="male"></interp>
</rs>
. I know the two John Collins's, and their Characters are very bad. The major Part of the People in the Country would not believe what they say; I would not believe them, on their Oaths.</p>
<p> <rs type="persName" id="t17400416-38-person335"> <interp inst="t17400416-38-person335" type="role" value=""></interp>
Edward Astlet <interp inst="t17400416-38-person335" type="surname" value="Astlet"></interp>
<interp inst="t17400416-38-person335" type="given" value="Edward"></interp>
<interp inst="t17400416-38-person335" type="gender" value="male"></interp>
</rs>
. I know nothing of the two Collins's; but Mr Barton I have known these thirty Years. He has done Business, as an Attorney, for me and my Father, several Years. He has a very good Character, and I don't think he would be guilty of what is now laid to his Charge.</p>
<p> <rs type="persName" id="t17400416-38-person336"> <interp inst="t17400416-38-person336" type="role" value=""></interp>
Thomas Hamman <interp inst="t17400416-38-person336" type="surname" value="Hamman"></interp>
<interp inst="t17400416-38-person336" type="given" value="Thomas"></interp>
<interp inst="t17400416-38-person336" type="gender" value="male"></interp>
</rs>
. The two Collins's are reckoned very bad Persons by all that know them. They have been at Law these 16 Years. I know nothing of Honour Luff; - I have heard a bad Character of her, but I am not to go into Particulars, I think they are not to be believed upon Oath. Mr Barton I have known 16 or 17 Years, he has as good a Character as any of his Profession in the Kingdom. No Man more religious and devout, nor better respected than he is. I am Deputy-Register under the Bishop of Winchester, and he has an Office under the Bishop now. When I was at our Assizes last Summer, Mr Read came over to our Office, and I said to him, - Mr Read, I have heard a very odd Thing, - that a Gentleman is charged with a bad Fact, who has the best of Cha-racters,<xptr type="pageFacsimile" doc="174004160038"></xptr>
- and I hear 'tis by the Collins's and Honour Luff, who are People of bad Characters. He answered - Honour Luff is a mad Girl, and as for the two Collins's, nobody will believe them: Mr Barton, (said he) was not cautious enough with them, - I never would trust them with my Hand-writing.</p>
<p> <rs type="persName" id="t17400416-38-person337"> <interp inst="t17400416-38-person337" type="role" value=""></interp>
John Hannington <interp inst="t17400416-38-person337" type="surname" value="Hannington"></interp>
<interp inst="t17400416-38-person337" type="given" value="John"></interp>
<interp inst="t17400416-38-person337" type="gender" value="male"></interp>
</rs>
. I was at a Vestry with Mr Read and Mr Barton, junior, when they were rating the Parish-Books; and when they came to Mr Barton's Name, Mr Read raised it; [the Rate] Mr Barton said, he would not have his Father's House raised so by every Body: and Mr Read told him, he would humble him, and his Father too; and said, Don't you remember the Bond?</p>
<p> <rs type="persName" id="t17400416-38-person338"> <interp inst="t17400416-38-person338" type="role" value=""></interp>
Thomas Newnham <interp inst="t17400416-38-person338" type="surname" value="Newnham"></interp>
<interp inst="t17400416-38-person338" type="given" value="Thomas"></interp>
<interp inst="t17400416-38-person338" type="gender" value="male"></interp>
</rs>
, Esq; I have not known Mr Barton long, but I have known his Character ever since I lived in the County. I am not particularly acquainted with him, but I have often heard him spoken of as an honest Attorney I believe he is universally respected, and from the Character I have heard of him, I believe he is the last Man in the World who would be guilty of Forgery.</p>
<p> <rs type="persName" id="t17400416-38-person339"> <interp inst="t17400416-38-person339" type="role" value=""></interp>
Nicholas Pyle <interp inst="t17400416-38-person339" type="surname" value="Pyle"></interp>
<interp inst="t17400416-38-person339" type="given" value="Nicholas"></interp>
<interp inst="t17400416-38-person339" type="gender" value="male"></interp>
</rs>
, Esq; I have known Mr Barton about 15 or 20 Years: and always esteemed him a Man of Fortune, and Character; and I cannot think him guilty of any such Thing, but far from it. I have acted in the Commission of the Peace some Years, and take his Character to be very good.</p>
<p> <rs type="persName" id="t17400416-38-person340"> <interp inst="t17400416-38-person340" type="role" value=""></interp>
William Edwards <interp inst="t17400416-38-person340" type="surname" value="Edwards"></interp>
<interp inst="t17400416-38-person340" type="given" value="William"></interp>
<interp inst="t17400416-38-person340" type="gender" value="male"></interp>
</rs>
. I know Honour Luff, she bears a very bad Character. I happened to be in the House with her about four Years ago, last February, and a Man who was present, said to her, if you would do yourself any good, you must deny all, and swear any thing. She answered, - she would deny all, and swear any thing before she would come to the Parish.</p>
<p>Mr Porter. I have known Mr Barton 18 Years. He bears as good a Character as any Man in Hampshire, and I believe this to be a malicious Prosecution, in order to extort Money from him. I am subpcena'd here with regard to Mr Barton: I am an Attorney, and am now concerned in a Cause for the Lady Boyce against the Collins's.</p>
<p>Mr Read. I have known the two John Collins's and Honour Luff, 15 or 16 Years. As to Honour Luff, I never heard any thing amiss of her in my Life. As to old John Collins, I have: but young Collins, I believe he is an honest Man.</p>
<p>Couns. Do you think old John Collins would forswear himself?</p>
<p>Mr Read. I don't know. I believe Honour Luff would not: for she was very cautious in her Affidavit to ground the Suit in the Court of Common Pleas.</p>
<p>Prisoner. I desire Mr Read may be asked, if he made no Declaration to Mr Hamman, that he believed the Collins's were People of an ill character?</p>
<p>Mr Read. I have said old John Collins bears a bad character; I believe the young one is an honest Man, and I have no Reason to distrust Honour Luff. I don't recollect that I said she was a mad Girl. Mr Hamman wished they might not be troublesome to me; and I said, I had done nothing for them, but what I had done for People who I thought were resied: but (says I) if they have a Mind to quarrel with me, I don't know that I have given them any thing under my Hand. The Collins's indeed have not been very grateful to me, for after I had done them all the Service I could, they were pleased to tax all my Bills.</p>
<p> <rs type="persName" id="t17400416-38-person341"> <interp inst="t17400416-38-person341" type="role" value=""></interp>
Richard Tribe <interp inst="t17400416-38-person341" type="surname" value="Tribe"></interp>
<interp inst="t17400416-38-person341" type="given" value="Richard"></interp>
<interp inst="t17400416-38-person341" type="gender" value="male"></interp>
</rs>
. I have known Honour Luff a pretty many Years; she bears a good Character as far as I have heard. She is a young Woman, and may be guilty of frisky things, but I never knew her guilty of any thing dishonourable. I believe she would not do wrong things, so much as many of the People who have been Evidences against her. I have known her and all the Collins's 20 Years. John Collins the younger I have known ever since he was christened, and he bears a good Character, as far as I have heard. I believe he would no more take a false Oath, to take away a Man's Life, than I would. I was born at Hambledon, in Hampshire, and was bred up a Surgeon, but I now keep a Publick Way, in London, and sell Wine, Brandy and Rum, wholesale and retale. I knew when old John Collins could be respected in the best of Company. He always behaved well in his youthful Days, and was well respected by 'Squires and Gentlemen, - the best in the Country, and was trusted by them. I never heard but that Mr Barton had a good Character; and I have heard the several Gentlemen examined who have spoke against the Collins's: but most of them who gave Evidence, never had any Dealings with them, then how should they give a Character of them truly? - I live now near Hanover-Square: I have lived up and down, these 14 or 15 Years, sometimes in the Country, and sometimes in London: and I have lived at Times in the Neighbourhood of Hanover-Square, about 5 Years, and have let Lodgings, but now I have been a settled Housekeeper about 12 Months. I came from Hambledon about 17 Years ago, but Collins has been a Taylor to our Family for many Years.</p>
<p> <rs type="persName" id="t17400416-38-person342"> <interp inst="t17400416-38-person342" type="role" value=""></interp>
Thomas Martin <interp inst="t17400416-38-person342" type="surname" value="Martin"></interp>
<interp inst="t17400416-38-person342" type="given" value="Thomas"></interp>
<interp inst="t17400416-38-person342" type="gender" value="male"></interp>
</rs>
. I have lived in London 26 Years, but I have known the two <rs type="persName" id="t17400416-38-person343"> <interp inst="t17400416-38-person343" type="role" value=""></interp>
John Collins <interp inst="t17400416-38-person343" type="surname" value="Collins"></interp>
<interp inst="t17400416-38-person343" type="given" value="John"></interp>
<interp inst="t17400416-38-person343" type="gender" value="male"></interp>
</rs>
's 30 Years. I was in Hampshire about 10 Years ago, and I was<xptr type="pageFacsimile" doc="174004160039"></xptr>
there again, about a Month ago. I don't know Honour Luff, but the Collins's I have seen frequently, and they bear a good Character. I don't think they would forswear themselves. I am a Housekeeper in Trinity Minories. I am a Shoemaker by Trade, but now I clean Gloves, and carry a Light at Funerals.</p>
<p> <rs type="persName" id="t17400416-38-person344"> <interp inst="t17400416-38-person344" type="role" value=""></interp>
Thomas Batsman <interp inst="t17400416-38-person344" type="surname" value="Batsman"></interp>
<interp inst="t17400416-38-person344" type="given" value="Thomas"></interp>
<interp inst="t17400416-38-person344" type="gender" value="male"></interp>
</rs>
. I never was in Hampshire; I live in the Strand, but I have known the two Collins's 4 Years; and I know Honour Luff likewise. They all bear good Characters as far as I know; and I am acquainted with several People who come from that Place, tho' I don't live there my self.</p>
<p>- Moody. I was bred and born, and now live in Hampshire, I have known the two Collins's many Years; Honour Luff I have known about a Year or two. I never heard any Harm of any of them in my Life.</p>
<p>Couns. Do you think they would come here, and forswear themselves?</p>
<p>- Moody. I know nothing of that. I would not do it for all the World.</p>
<p>- Cole. I live at Bishop's Waltham in Hampshire, and have known Honour Luff 12 Years I believe. I have not had so much Acquaintance with her lately, as I had formerly. I never found but she bore a good Character: she always behaved well to me, and 'tis my Opinion she would not forswear her self. I know but little of the Collins's. - I am a House-Carpenter. I have not heard any body speak any thing about Honour Luff (to signify) lately. I never heard any body give her a bad Character, nor have I enquired any thing about it.</p>
<p> <rs type="persName" id="t17400416-38-person345"> <interp inst="t17400416-38-person345" type="role" value=""></interp>
John Goldsmith <interp inst="t17400416-38-person345" type="surname" value="Goldsmith"></interp>
<interp inst="t17400416-38-person345" type="given" value="John"></interp>
<interp inst="t17400416-38-person345" type="gender" value="male"></interp>
</rs>
. I have known Honour Luff 10 Years, I live near her, and know no Harm of her, for my Part.</p>
<p>Couns. Do you think she would forswear her self?</p>
<p>Goldsmith. As to her forswearing her self, - I have nothing to say, in that Respect. - As to her Character, I can say nothing, - as to her Character. I know the two Collins's, and for my Part, I know no Harm of them. They have bad Characters, but I know no Harm of them.</p>
<p>The Jury <rs id="t17400416-38-verdict231" type="verdictDescription"> <interp inst="t17400416-38-verdict231" type="verdictCategory" value="notGuilty"></interp>
acquitted </rs>
* the Prisoner.</p>
<p>* It was moved that Mr Barton might have a Copy of his Indictment, but the Court (after hearing Counsel on both sides) would not grant it.</p>
</div1>

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