The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1777-05-26 00:00:00, page 1

By His Excellency
Sir WILLIAM HOWE,
Knight of t'he molt Honorable Order of the
Bath, one of His Majesty's Commissioners
for restoring Peace to the Colonies, General
and Commander in Chief of all His Maje
sty's Forces within the Colonics lying on
the Atlantic Ocean, from Nova-Scotia to
Weft-Flcrida, inclusive, &c. &c. &c.
PROCLAMATION.
WHEREAS a plentiful Supply of
Vegetables, and of frefh Provifi-.
ons of all Kinds, will greatly tend
to the Preservation of the Health
of His Majesty's Troops and others; and the
railing large -Quantities of Hay, and other
Forage, will very much conduce to His Ma
jesty's Service, as well as be of general Use :
In Order therefore to give all due Enc turage
ment to all His Majesty's liege Subjects, so
that they may chearfully exert themselves in
railing such Supplies, under a full Assurance
of enjoying all pollible Protection in so doing,
I have thought fit to iflue this Proclamation,
ffrialy charging and commanding, that no
perron or Persons whomsoever, under any
.Colour or Pretence whatsoever, presume to
trespass upon any Inclofure belonging to any
richer Person or Persons, or to take or carry
away any Produce from the Owner or Owners
Thereof, or to break down, destroy, or in any
Manner injure any Inclofure or Fences what
deever, now flanking, or hereafter to be erected,
as they will answer for the fame atjtheir Peril.
And to the End that this Proclamation may be
afore ftridly observed, I do hereby further
-charge, require, and command all Officers,
Soldiers-, and others, to seize and deliver over
to any Officer commanding any Part of His
Majeßy's Forces, or to the Provost Marshal,
alliuch Persons as they dial! find acting in Dis
obedience hereto, in order that such Offenders
may be brought to condign Punishment for the
fame ; hereby declaring that any Neglect
herein ffiall be considered and puniflied as a
Breach of Orders. And I do further charge
and require the commanding Officers of any
of His Majesty's Forces, and Provost Marshal,
from Time to Time to receive into Custody all
such Offenders as ihall be brought to them as
^forefaid, and duly to make Report thereof.
Given under my Hand at Head Quarters,
in New-York, the Twentieth Bay of
March, 1777.
W. HOWE.
By His Excellency's Command,
. Robert Mackenzie, Sec'ry.
ByHsEXCELLENCY
Sir WILLIAM HOWE,
Kjnghtof the Mod Honorable Order of the Bath,
one of His Majesty's Commissioners for reftming
Pesce to the Colonies, General and Commander
in Chief of all His Msjeßy's Forces within the
Colonieshieg on the Atlantic Ocean, from Nova
'Scotia to Weft Florida, inclusive, &:c. &c. &c.
PROCLAMATION.
"^ X T HERE,AS for the more speedy and effectual
Sty Suppeffion of the unnatural Rebellion sub
sisting in North-America, it has been thought proper
wy levy a Number of Provincial Troops, thereby
affording to his Majesty's faithful and well-dit
pefed Subjects, Inhabitants of the Colonies, an Op
portunity v co,operate in relieving Then fives from
the Miseries attendant onAnarchy and Tyranny, and
in restoring the Bieffings of Peace and Order with just
%d lawful Government: As a Reward for the
Promptitude and Zeal wherewith his Majesty's
faithful Subjects have entered into the Corps now
railing, and as a further Encouragement toothers to
fellow their laudable Example, I do hereby, in Con
sequence of Authority to Me given by his MajestY
premise and engage, That all Persons who have, or
do hereafter, inlift into any of the laid Provincial
Corps, to ferye for two Years, or during the present
War in North-America, and Hull continue faithfully
to^ferve inany of the faidCorps agreeable to such their
Engagements,-ffiall, after being reduced or disbanded
obtain, according to their rei"p &ive Stations, Grants
of the following Quantities of vacant Lands in the
Colonies wherein their Corps have been or shall be
railed, or in such other Colony as his Majesty shall
think fit.
Every Non-commifTioned Officer 200 Acres,
Every private Soldier, ' 50 Jo.
Ihe fame to be granted to such of the said Non
commissioned Officers and Soldiers as (half personally
apply for the fime, by the Governor of the ref
peeVve Colonies, without Fee or Reward, fubje& at
the Expiration of Ten Years to the fame Quit-Rents
as-other Lands are fubjeft to in the Province within
Monday, May 26, 177%
N E W-Y ORK
AND
WEEKLY
Containing the earlier ^ke^
ASSIZE of BREAD. Flour at 30s. per Cent.
A White Loaf of the fineft FLOUR, to weigh
3 lb. 40Z. for 14 Coppers, and in the fame
Proportion for Loaves of a I'effer Weights
Published January 10, 1777.
0 Printed by HUGH GAINE, at the BIBLE and CROWN, in HANOVER-SQUARE.
Mr. Cowper, on the fame fide, urged, that
the indictment ought to be qualhed, as the
grand jury had given it the fantfion of an evi
dence, that neither in law nor justice ought to
have been produced ; that Lewis Robinson
was particeps criminis, and cited the case of
Mrs. Rudd and the Perreaus, when the judges
themselves differed in opinion about the nature
of adiniffion of evidence ; who was not even
in the custody of that court
Mr. Buller also contended, that Dr. Dodd
ought not to be tried on that bill of indict
ment. One dihenting voice of the grand jury,
he said, was fufficient to quash the indictment.
This indictment flood on the fame ground of
reasoning. The evidence should be such as
law allows. He said, the parties concerned
in the prosecution had bargained with the evi
dence for the life of Dr Dodd ; that his evi
dence had an improper effect before the grand
jury ; that he is a person whose evidence ought
not to be credited, and that lord Hale, p. 3.03,
had a case exactly in ppint : in favour of the
prisoner. Two men were committed for the
Fact, one confefled and was admitted evi
dence on the ground of Confeffion, which he
could not have been without, and therefore
Robinson, not having confeffed, he hoped the
indictment would be qualhed.
Mr. Mansfield replied to the objection, as
counsel for the prosecution : he said thole ar
guments were entirely new to him, that he
had no wish but justice., and would not favour
Robinson's case, as evidence, if it had been
improperly obtained.--- Grand juries were the
proper judges who should, and who should
not, be evidences. He infilled that the re
moval of Robinson was an order of course,
and that the habeas corpus would h'ave been
applied for, which must have been granted.
He was interrupted by judge Gould, who
said, it was not an order of course—it was
applied for to the bench, and refufed.
'Mr. Mansfield then commented cn the ex
pression of the gentlemen concerned in the
prosecution, bargaining with Lewis Robinson
for the life of Dr. Dodd ; he also said, Mrs.
Rudd's case made for his defence, as she was
admitted an evidence ; he denied the autho
rity of the judges, of who ought, and who
ought not, to be admitted evidences, and that
it was solely a matter of law.
Mr. Davenport argued on the fame fide ;
and the fubtiance was, it was no matter whe
ther Lewis Robinson's evidence was properly
or improperly obtained; being obtained he
was competent evidence, and this he ftrongly|
infilled on.
All the bench were of opinion, that it was
in the bread of the judges to determine, as to
prisoners being in custody, who ihculd, and
which they fndl be granted, and fubje& to the fame
Conditions of Cultivation and Improvement.
GIVEN under my Hand, at Head Quarters,
in New-York, the zift Day of April, 1777.
W. HOWE.
By His Excellency's Command,
Robert Mackenzie, Sec'rv.
ibitn^np^dn?nlf^4 f ^iV£i!nV&&dn!nln!nk&
o>C^ol CT^^C^^^ SACT^XpACWAfAih^M^M^
LONDON, Feb. 25.
//Circumstantial Account of
the PROCEEDINGS on the TRIAL
of Dr. DODD.
THE trial of Dr. Dodd, on a charge
of forgery, came on on Saturday at
the Old Bailey, which was prefaced
by the arguments of the foil >wing coanfel,
Messrs. Buller, Cowper, and Howarth, for
Dr. Dodd against the trial, and by Mr. Manf
field and Mr. Davenport, counsel for the pro
secution, in Support of it. The arguments
were occasioned by Mr. Lewis Robinson hav
ing been taken from the gaol of Newgate to
Hicks's-hall, to give evidence againrt Dr.
Dodd, without the order of court, and Lewis
Robinson being himfelf committed as principal.
The substance of the arguments were as
follows:
Mr. Howarth, as opening counsel, con
tended, that the prisoner ought not to be put
on his trial, as the principal, and, in fatt,
the only evidence against him had been fur
reptitioully obtained ; that Lewis Robinson
was committed for the fact, and that the evi
dence against Dr. Dodd, as appeared on the
back of the indictment, was neither proper
nor legal; that grand juries were only judges
of Fad, not of Law, and that therefore his
client ought not to plead.
Monday, 31 Min. after 12
Tuesday, 24 . Min. aftet 1
Wednefdav, 16 Min. after 2
Thursday, 4 Min. after 3
HIGH-WATER at NEW YORK, this Week.
# & 1
Friday, 54 Mm. after 3
Saturday, 45 Min. after 4 I
Sunday, 3,Mm. fier 5 :
Moon's L. ^. the igrb. I
Baron Perryn said the court would have
made no scruple, probably, of admitting Ro
binson, had he been in custody, and lamented
that Dr. Dodd was not sent to Newgate as
other prisoners were, a week before trial.
Mr. Alderman Wooldridge said, it was
through his means that he extended an aft of
humanity to a gentleman, and that it was an
a& his conscience did not accuse him for. He
again adverted to the Clerk's condu& in mak
ing out the order, and said, he was now con
vinced, that, if found guilty, the blood of
Dr Dodd would lay on his head; and took
on him now to declare, the order was fraudu
lently, maliciously, and wickedly obtained.
The arguments ended here^ and the prisoner
was put on his trial, on an implied condition,
that if.found guilty, his case should be left
for the opinion of the twelve judges.
Dr. Dodd also read a paper, previous to the
arguments, stating, that he thought he ought
not to plead to such an indictment, the evi
dence having been surreptitiously obtained,
and desired of the judges to be heard by
council, in opposition to his being put on his
'trial.
The names of the jury.
Samuel Elliott, Thomas Langftaff,
William Berry, John Cochran,
Thomas Tomlin, John Pittaway,
John Russel, John Quick,
Francis Anson, Edward Davis,
George Lyde, Thomas Clark.
The indictment consisted of eight counts :
Ift Forging a bond with intent to defraud
lord Chefterfield. —2d. Forging the fame with
intent to defraud Mr. Fletcher. —3d. Publish
ing the bond thus forged with intent to de
fraud lord Chefterfield --4th. Publilhihg it
with intent to defraud Mr. Fletcher.—The
gth count charged the Doctor with forging a
certain receipt affixed to the said bond, purport
ing to be the receipt of the earl of Chefterfield,
with intent to defraud the said carl.-- 6th.
Forging the receipt with intent to defraud Mr.
Fletcher. 7th. Publishing the said receipt,
so forged, with intent to defraud lord Chefter
field.---And Sth. Publishing it with intent to
defraud the said Mr Fletcher,
Mr. Mansfield, counsel on behalf of the pro
secution, opened the case to the jury in a very
ffiort manner, with a cursory animadversion
on each count. He then proceeded to state
the facts; but as it will be prolix to give it in
opening the evidence, as we think it will give
greater fatitfa&ion, to our readers, we Shall
wave tho opening and proceed to the witness.
And firft, in order to enable lord Cheder
field to become an evidence, a general release
from Mr. Fletcher to his lordship was read,
whereby it was proved to the court, that his lord-
Ship was no party interested in the trial. His
lordship was then sworn. Mr Howarth asked
Mr. Manley, the prosecutor's attorney, if the
bond produced had been ever since in his cus
tody ? Mr. Manley replied, that it was from
the 4th of February, and ever since, except
one night, Friday 7th ; that it was locked up
in Mr. Fletcher's compting-houfe with other
bills. Mr. Manley fivore it was the fame
bond; Mr. Fletcher also proved it, and Mr.
W. Manley, brother and clerk to Mr. Man
ley, who had it in his custody to make a copy,
fivore it was the real bond. Lord Chefterfield
then swore, that the firft time he saw the bond
was on Friday the seventh of February, that
the fubferibed name of Chefterfield was not in
his hand writing, nor the receipt signed also
Chefterfield, and that the bond was then
brought to him by Mr. Manley.
Qyerj to lord Chefierfeld. Do you know
Wm. Dodd? 4 Yes.
^ He was your tutor?
^. Yes. I have often seen him write—l
believe the name of Dodd subscribed as wit
ness is the hand writing of Dr. Dodd, but I
could hot form an opinion by whom the name
of Chefterfield was written.
Mr. Hearth to Manley. Did you deliver
the bond to Mr. Fletcher, or leave it?
A. I gave it to Mr. Fletcher.
Mr. Aibertinus swore, that neither of the
names were written by lord Chefterfield.
Mr. Samuel Leacroft was sworn. .
Q Did you ever. fee. Dr. Dodd write ?
who should not, be admitted as evidence. It
was the established practice of the court,
which Mr. Reynolds, clerk of the arraigns,
and Mr. Akerman, keeper of Newgate, con
firmed.
Wheat per Buffiel, ,s. od.
Flour, 30s. od.
Brown Bread, 2,. od.
W It-India Rum, Bs. od.
Nev-England de. ss. od.
GAZETTE:
T HE
MERCUR Y.
———— r * —— : —
foreign ano Domenici.
PRICE CURRENT, in NEW-YORK.
Mufeovado Sugar, 51. ips.
Single refin'd ditto, zs. §J.
Molasses, 3s. 6J.
Beef per Barrel, 90s. od
Pork, 51. ros.
A. I cannot fay I ever have.
Mr. Neild, I am inclined to believe the
name of Dodd in this bond, to be the hand
writing of Dr. Dodd, and the reason I believe
it to be his is, I am treasurer to the society
for the relief of persons imprisoned for small
debts. Dr. Dodd was the founder of that so
ciety, and I have often seen him write.
Mr. Oakes, (Reward to lord Chefterfield),
I do not believe cither the bond, or the re
ceipt, to be of lord Chefterfield's figging.
Mr. Manley. On Tuesday, Feb. 4, the pro
duced bond, with a warrant of attorney., and
a letter, were left at my chambers by Mr.
Peach, as I was told, in order to fee that all
was right. Mr. Peach is a silk-merchant in
Bread-direct. He came with Lewis Robinson
with the bond and warrant of attorney, as I
was told. I found the papers lying on my
desk. Mr. Fletcher and Mr. Peach are both
my clients. I observed in the condition of
the bond, a very remarkable blot on the firft
letter “ E" in the word " seven," which did
not seem to be the effect of chance, but close
by design. I thought it remarkable [the
bond Khewn to the jury] and yet 1 did not fuf
ped a forgery, but I thought it remarkable
enough to let Mr Fletcher know it. I (hewed.
Mr. Fletcher the bond and blot, and afted
him what he thought ; he said it was remark
able, and I advised him to have a clean bond
filled up, and to Carry it to lord Chefterfield
for execution. I went to lord Chefterfield's,
but did not fee him, and left a note of what
business I called about, and that I would wait
on his lordship the next morning at ten o'clock.
The next day, about that time, I went and
saw his lordship. He met me as he was com-|
ing down flairs. His lordship allied me if I
had called about the bond ? I said 1 had, when
his lordship returned for answer, " I have
burnt the bond." This created some perplex-,
ity, as I had the bond in my hand, which !
produced ; but the matter was soon cleared up,
as lord Chefterfield thought I had called about
a bond he had given some years before for
500 l. which his lordship had taken up and.,
burnt. When I produced the bond in question,
Mr. Innes was present. Lord Chefterfield
seemed surprised, and immediately disowned
the bond. [Mr. Manley was here going to re
late a conversation between him and his lord
flip, which Mr. Howarth objected to, and
baron Perryn would not fuffer it to be told, as
it was not evidence, being in the absence of
doctor Dodd.] I went directly into the city to
Mr. Fletcher to tell him, and consult what
Reps to take. Lord Chefterfield suggested to
me, that Dr. Dodd was run off [baron Perryn
flopped him again]. Mr. Fletcher, Mr. Innes,
a- d ityfelf went to Guildhall, in order to
prefer an information respecting the forgery,
and to obtain a warrant against the broker and
Dr. Dodd, The lord mayor granted the war
rant, but before it was signed Lewis Robinson
came into Sir Charles Raymond's office, and
Mr. Fletcher acquainted me with his coming,
at the lord mayor's house. Mr. Fletcher de
sired I would go into the accompting house
and talk to Robinfun. [This conversation
was also objected to as not evidence]. Mr..
Robinson was then taken into custody. Mr.
Fletcher, Mr. Innes, myfelf, and Robinfen,
with two of the lord mayor's men, went in
two coaches to the house of Dr. Dodd in Ar
gyle-Rreet. We were admitted into his house,
and soon after the dealt came to us. Being
in the parlour together, I opened the business,
and said, I was very sorry for the unhappy
occasion about which I had waited on him ;
it was no less than a charge of forging lord
Chefterfield's bond. Dr. Dodd was very much
struck and afreded. He was silent for some
time. I informed him, that the broker laid
the whole charge on him, and I allied him
what could induce him to do such an ad ? He
replied, “ urgent neceffi'ty."
Baron Perryn. Had any promises been made
to him, er.affprances of mercy or forgivenefs?
Manley. None, at that time. Dr. Dodd
said he was pressed to pay some tradefmen's
bills; that he meant no injury to lord Chef
terfield, or any man; that he meant to return
the money in three or four months, and had
certain resources to enable him to do it.
Baron Perron. Did you fhqw him the bond ?
Manley. I think not. The broker inter
rupted me by faying, “ Dr. Dodd, I desire
you will declare my innocence before all pre
sent," and Dr. Dodd replied, " I do, I do."
Fine Salt, ros. od
Coarse Salt, Bs. od
Indian Corn per Bu. 6s. 61
Coffee, is. gd
Chocolate, 265. p^r Du*