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woman,that he who washer seducer was now her opponent. Perhaps
the defendant would conceive that she was not aufhetently injured,
and that her ruin wait now to be completed. Whatever may have
been the course pursued towards the daughter, whatever her con-
duct may have been, the injury which the father sustained was
beyond all doubt. Whilst he made this observation, it was his duty
to add,that he entertained no apprehension of a well-founded attack
' upon the character of this young woman. Ilis instructions rept es
vented her as respectable in every particular, except in her fall to
the defendant. The defendant, who had destroyed the horns of
the father, should be the lam man to increase his misfortunes. If
the defendant attacked the character of the daughter with success,
the Jury, in doing justice, should still respect the father's feelings ;
but if the defendant should attack the daughter's character without
success, the Jury would show their sense of the feelings of that
man Who could first destroy a young woman's happiness, and in-
evease the injury by an attempt to destroy her character. he Jury,
however. would not find that the unhappy young woman was
guilty of any errors except those for which the defendant was
responsible. Ile was confident, therefore, that they would do
justice, under all those circumstances; and as bi the amount of the
compensation which they were called upnn to award, he would
make no observation upon it; but concluded by informing them
that the amount of damages ought to depend altogether upon
the evidence which should be submitted to them.
Sarah Evans, a modest end interesting looking woman, was then
sworn. She said-11y father is an innkeeper at Bridgewater. 1
a:witted him in the business. I have known the defendant 10 or II
sears. Ile has paid attention to me for eight or nine years or more.
He frequently visited at my father's, and was accepted as my suitor.
About 1823 1 first had reason to regret my intimacy with him. In
1024, I became a mother. My father hat since been at the
expense of maintaining the child. lie paid the expenses of my
acconchement. My father has seven other children. I have two bro-
thers d five sisters. Since I had the misfortune of becoming preg-
nant, 111 r. Bulpin has paid nit many visits.
Cross-examined-1 have a sister married since 1823. She used
to sleep with me before her marriage. I had no connexion with
Mr. Bulpin befnte 1023. He never visited me since my confine-
ment. Ile visited me a week or two before it. My sister is married
to a Mr. Way. She was married in November. She and I were
confined about the same time. Mr. Way visited at my father's
house a year or more Entire his marriage with my sister. Mr. Bul-
pin sometimes visited so late as twelve or one o'clock at night. I
once remember receiving a message from hint, anti coming from my
bed-room, to which I had retired, to see him. It has never hap-
pened that a signal was made to me, by th owing something ut the
window. 1 a:so have an action against Mr. Bulpin, intlepeacient
of the present action.
He-examined—The other action it for breach of promise of mar-
riage. Mr. Bulpin was received by me on honourable terms. I
always considered him my intended husband. I have sometimes
vat up fer the arrival of the coaches; some of my family always re-
mained up with me. When I went from my bed-mom to Mr. Bul-
pin it was reluctantly ; I did not go upon the first message, nor
until Mr. Bulpin sent to say he would not detain me more than a
minute. .fly mother is living. 1 am about twenty-nine years of
age. Mr. Bulpin may be about thirty-three.
Richard Key said—l am a coach-master. I know the plaintiff,
William Evans. A coach of mine stops at his inn. On that ac-
, count Igo almost every night to hit house. I knew Miss Sarah
Evans from her childhood. IlaYe constantly seen her. I know
the defendant, and have constantly seen him at Mr. Evans's. He
appeared to be a suitor of Miss S trait ii:Van!, and such I consider-
ed him for years. I never saw Sarah Evans sit up for the coaches
by herself. It is absolutely necessery that some one should sit up
at Mr. Emma's.
Cross-examined—l have seen Mr. Bulpin at Mr. Evans's so late
as twelve or one o'clock at night. I was at Wells this time two
years. ,Mr. Evans was there also and his wife. I never Raw Evans
about the streets of Wells with a common prostitute. lie never
asked me to shake hands with a Miss Fly. There was tome joke
about it at the Christopher Inn as we were all sitting smoking. 1
believe Evans caned a woman in by way of jest.
William Evans,jun.—l am the son of the plaintiff and the bto-
thee of Sarah Evans. I know lir. Bulpin, who was a visitor at
my father's house fur many yearn. I have married bis sister. lie
was received at my father's house as a visitor to my sister, being
my brother-in-law. I once went to Bulpin, and told him it was
represented that he was scandalizing my sister's character. This
was betide my sister's confinement. Bulpin's reply was, that " lie
never scandalized toy sister, nor had any occasion to do so, nor that
lie never intended to do so." 'Winn is a grazier and jobber.
Some time ago he rented land to the value of from 10001. to 1,3011/.
a year. lie still possesses as much land, but I can't say what rent
lie pays.
Mr. BUMPAS (with whom was Mr. CARTES thea addressed
the Jury fur the defendant. He said there was no doubt that
cases often differed in fact front what they appeared in the state-
ment. The present ease was an instance of this nature ; but it was
also one of those casts which lie felt It was difficult for the Jury to
look at with iumattial feelings. Ida cautioned the Jury against
being led away by the representation which would be made by Ida
learned friend, than whom there was no man better able to pro-
duce a poweuful impression on the minds of the Jury. His learned
friend said he did not know the person of Miss Evans, but no
doubt he was aware of the effect which her demeanor and appear-
ance were calculated to produce. But whatever should have been
the appearance or demeanour of 3lissEvans, his client had not
instructed him to throw out any general imputations upon her
character. The defendant was a man of too much honour and too
much feeling to give any such instruction to his Counsel, and above
' all things would never unnecessarily inflict a pang upon a woman
with whom he had been connected as he was with the Plaintiff's
daughter. As to her injuries, oho had taken the means
of procuring redress for them, and it was the duty of
the Jury entirely to exclude her case from their consideration.
They had only to consider what the father ought to receive at their
hands.by way of compensation. He would not say that the da-
mages should be confined to the sum actually expended by the
tattier during the confinement of his daughter. It may be a great
deal, or only a little, more ; 'out the amount, of cuurse, should de-
pend altogether upon the circumstances of the case. He dad not
deny that Mr. Bulpin was the father of the child, and therefore he
admitted that a verdict must pass against die defendant. However,
when an attempt was made to show the plaintiff's family was
well regulated, he confessed he thought it extremely singular that
both the sisters sliduld be found in the same situation, neatly at the
same time. Miss Sarah Evans had stated that her sister was mar-
ried in November, and had a child in die following, April. Now,
however such a circumstance might be deplored, it must be ad-
mitted that it was a very extraordinary coincidence to have hap-
pened in the same family. Ile did not mean to throw any asper-
sion upon the character of Miss Sarah Evans by this observation.
His client would not inflict an intentional or unnecessary
injury upon her for any consideration. But when it was
said that Mr. Ilulpin had come to an age when he ought
to be able to control his feelings, he might he allowed to
remark that Miss Evans too had arrived at an age when she
ought to have been able to control her passions. Nature
and experience combined to prove that women were not less
capable of controlling their passions than men : both, therefore,
should have controlled their passions, but both had been misled to
do what neither intended. If an attack was made on his client by
saying that he came to an age when he might control his pas.
lions, the remark would apply with ten-fold force to Miss Evans,
whose duty it was not to allow her passions to conquer her,
nor to bring sarrow on her father. Without meaning to throw any
imputation on her, lie would say that the censure should not fall on
the man only, but equally on both, as both were equally imprudent.
Ile was sure if he had the honour of addressing females they would
feel the fall force of his observations. They would say with him,
that when a female had come to an age when she can estimate the
consequences of indiscretion, she is equally to blame with the man.
To recur once more to the facts of the case. They had it in evi-
dence that Mint Sarah Evans was visited by Mr. Bulpin up to the
period of her confinement. Now he should call a witness to prove
what was the father's conduct a little subsequent to that event.
Would the Jury believe that the father had said he would never
allow his daughter to marry 111 r. Bulpin, and that if she did marry
him, she should never enter his house again, nor he would never
own her as his daughter? lie said further, that lie would ruin the
defendant by law, and that threat he was endeavouring to put in
execution by multiplying actions. This action was no sooner over,
than another would collie on, in which Miss Sarah Evans would be
the plaintiff The father thetefore was more desirous to indulge his
own vindictive feelings than to consult the honour and happiness
of his daughter. The cenduct and feelings of a person who came
forward in the character Mr. Evans did, ought to be taken into
consideration. If the Jury lotted he was regardless of those high I
feelings of honour which a man ought to possess when he sought
redress for his injured feelings, the Jury were bound to '
take it into their consideration. He who came forward to
complain of outraged morals, ought himself to be a men
of moral and good chat otter. Persons coming like him into a
Court of Justice ought not to give loose to their own passions, and
vet expect that the passions of all other men were to be restrained.
He thought he should be able to prove that the plaintiff's conduct
was such, that it was no wonder, nay, that it was probable, such
circumstances as had occurred should occur in his faintly. After
hearing the witnesses he should produce, the Jury need rot wonder
that both his daughters were in the alone situation nearly at the
same time. If he proved this, they should not award him the da-
mages that they would, lied lie been a moral and well-conducted
fattier. It would cuttion them against the effects of the talent and
ability with which this case would be represented at the other side.
Let them recollect, however, that there was no evidence of any
deliberate intention to seduce. Two persons, of nearly the name
Age, were much together, and in all unguanleal liniment forgot
Meinselves. Both parties were equally to blame. It was not like
an aggravated ease, where arts were used by the man to seduce a
girl younger than himself. It was a case of human frailty—of
momentary forgetfulness, which had produced most unfortunate
consequences, which the defendant regretted as much as it was
possible for any man to do.
Mr. Sergeant 11'11.De said, he understood front his Learned
Friend's address lie intended to offer evidence of die immoral con-
duct of the plaintiff; but lie submitted that such evidence was not
admissible in a ease like the present.
After some argument, the Learned Judge overruled the objec-
tion, and witnesses were called for the defence.
John S. Carver said—l know both the plaintiff and defendant. 1
also know Miss Sarah Evans. I recollect the time of her confinement.
I visited Mr. Evans about that time to speak to him concerning a
marriage with 3lr. Bulpin. 11Ir. Evans said he should be glad to
have an arrangement, and with obliged tome fur coining. At that
time he seemed perfectly willing to a marriage between 31r. Bulpin
and his daughter. lie said if lie, Bulpin, would act honourably by
his daughter, he would receive hint as he would any other of his
children. I had some further converotion with Evans about a fort-
night after. He then said he never would acknowledge Bulpin as

his son-in-law, nor ever give his daughter a farthing if she married
him. On my first interview with Evans I was accompanied by a
Mr. Francis, who came to me the next morning, and told me some-
thing Evans had said, which induced me to decline interfering.
have heard Mr. Evans say several times that he would ruin Bulpin
by law if he could.
John Silk said, I am an officer of the Customs at Bridge-
water. In April, 1112.1, I bud a meeting at the Crown Inn,
with Mr. Evans. A person named George Eadles was pre-
sent, as well as several other persons. The conversation
commenced by a Mr. Knights asking Evans, how he got on with
3liss Fly at the %Veils Assists ? He replied, very well; that he
took pleasure in walking arm and arm with her opposite the house
where his wife and the rest of his witnesses were, so that his wife
might see her if she chose. Evans added, that he took Miss Fly
to the Somerset Hotel, where wine of his witnesses were; that he
introduced her to them, and asked his son-in-law to shake hands
with her. With respect to the defendant, he said, he would grind
him to ashes. Evans has a farm called Poker's Farm ; and he said
he kept .Miss Fly there for his own accommodation, anti that of his
friends. He afterwasd* obser►ed that his wife knew of this, and
gave hint-liberty. I then asked him if it was prudent for a man
going to vindicate the innocence of his daughter, to state such
things in a public company ? Evans replied to this observation
by some abusive epithet. lie appeared perfectly sober, and his
observations were not in joke.
George Eadles, is a isrmer, residing at Bridgwater. Was at
" The Crown" in April, 1825, when Silk and Evans were there.
The latter said. that when at Wells Assizes he walked with Miss
Fly opposite his wife's lodgings, and afterwards introduced her to
his son-In-law. lie athied that he kept her at the farm for the ac-
commodation of himself aid his friends. When reproved for this
by the last witness, and others of the company, he said lie had a
• right to use his own house as he pleased. Evans was perfectly
• serious at this time.

Mr. Sergeiall WILDE then, replied.
Afters *hart consultation, the Jury found for the Plaintiff.
Damages-243UL

- -
NORTHERN CIRCUIT.

FORGERY.

LANCASTER, AUG. 11.

IVm. Williams PerkinTs,-agetl2li, was indicted for having, on
the 19th illy of June last, forged, and uttered as true,* forged
order for the payment of 1731., purporting to lie drawly by John
Wakefield and Son, of Kendal, upon Messrs. Masteritian and
Co. of London, with intent to defraud the said Messrs. 111as-
unman.
The prisoner, who is a clerk in the house of Dugdale and Co.
of Manchester, is a young man of very gentlemanly appearance,
and his tielf-possesaion never left him during the whole trial.
The prosecution was conducted by Mr. Sergeant C:ttosa and Mr.
Tttioat ; and the defence by Mr. J. WILLIams, Mr. 1). F.
Joxes, and Mr. COLTNAN•
Mr. Sergeant Coosa stated the case for the prosecution. In the
month of June last a letter was received by 31eitsra. Masterman,
bankers, in London. This letter contained a check for 173/., put..
porting to have been drawn by their correspondents, Wakefield and
Co., bankers, nt Kendal, and made payable to Mr. F. Evershain,
by whom the letter purported to have been written, and whose sig.
nature it bore. The writer of the letter requested that the amount
of the check should be enclosed to hint in a letter, directed to
1" Mr. F. Eversham, Ilen and Chickens, Birmingham, care of Mr.
John Smith." The check having been discovered by Masterman
and Co. to be a forgery, a letter was written as directed, and a Bow-
street officer was sent down to Birmingham, to arrest the person
who should receive the letter ; before the arrival ~1 the Bow-street
officer at Birmingham, the Postmaster received a letter, signed
" F. Eeersham," requesting that all letters for him should be for-
warded to Manchester, to be left at the post-office until called fOr.
The answer of Masterman and Co. was forwarded to Manchester,
whither the Bow-street officer immediately repaired. The letter
arrived at 31ancheater on the 24th of June. and the officer regularly
'attended fir three or four days at the Post-office, to apprehend the
person who might call for it. (In the night of the 28th of June,
about five minutes before the office closed, the prisoner called for
the letter, and the officer, who was at the time in the office, went
outside, and stood by the prisoner until he received the letter and
paid the pos'age, when he was taken into custody, was hurried into
a hackney-coach and conveyed to the New Batley, Where he was
searched, but the letter was not found, as it was supposed that lie
threw it out of the coach-window.
The foll Owing witnesaes were then called :
Daniel, Auldretl-1 am a partner in the house of Maatermann
and Co., bankers, London. It is part of my business to opea all
the' country letters which come to our house. We ate agents for
Wakefield and Co., of Kendal. On the 234 of June last I re-
ceived the letter now produced, containing a bill and an enclosure.
I gave the letter to our corresponding clerk, Mr. Peel, and told film
to attend to it.
Joseph Peel—l am clerk in the home of Masterman and Co. I
recollect that on the 2341 of June, Mr. Mildred gave me a letter,
containing an enclosure (a check). It is my peculiar province to
inspect the correspondence, and upon inspecting this check, 1 dia.
covered that it was a forgery. It is wholly unlike the signature of
either of the partners in the house of Wakefield aed Co.
Mr. W. Bainbridge—l am &clerk in the house of Wakefield and
Co., bankers, at Kendal. The signature to the check now produced
is not in the hand.ivriting of either of the partners. These checks
are never written by clerks, but by procuration.
Cron-examined •by Mr. 3: WILLIAMS—Some of the letters of
the sf.maiure are not unlike the signature of Mr. Edward Wake-
field ; but there is not such a similarity as would impose upon per-
sons acquaitred with his hand-writing.
• The following letter, in which the check was enclosed, and the
check, were then put in and read :
" :Ilessrs. 31asterman and Co.
" Gentlemen —We will thank you to pay t'ae bearer, Mr. Francis
Evershain, 173/., and place the same to the di bit of our ace runts.
We are, your obedient servants,
" JOHN WAKEFIELD and CO."
" Eccles, 6 Alo. 19th, 1826.

" Messrs. Mastemian and Co.
" Respected Friends—Ai. I shall not be' in London f a fort-
night, I will thank thee to remit the amount of the enclosed draft to
me, to the care of John Smith, Hen and Chickens, Birmingham,
BS 1 Alan leave to.morrow.
" F. EVERSHA.M."

The check was not stamped.
Mr. J. WILLIA sts submitted, that en unstamped check, drawn
at a distance of twenty miles front London, was held to be inadmis-
sible evidence in a civil ease; and the offence of forging such an in-
strument could not amount to a capital felony. In support of his
objection, the Learned Counsel cited the case of the "King v.
Moffat," Ist Leach.
Ale. Sergeant Cross said, the point now raised kid been discus-
sed, and decided in the negative by the twelve Judge., in the case
of the " King v. ilawkgood."
Mr. Justice Pant: over-ruled the objection.
Thomas Gates.—l am a Solicitor, practising in London. The
Papers produced were put into my hands on the 23d of June last,
by ,llasterman and Co. I directed a letter to be written in answer,
directed to Francis Eversham, lien and Chickens, Birmingham. I
put the answer into the Post. Office in London.
John Helmsley—l keep the Post-Office at Birmingham. On the
24th of June last, I received a letter front Mr. Freeling. the Secre-
r-.•ry of the General Post Office, enclosing one addressed " Francis
Eversham, lien and Chickens, Birmingham, to the care of John
Smith." On the evening before, I received a letter signed " Fran.
cis E eersham."— (The letter, which was put in and read, directed
the Postmaster to forward to Manchester all letters directed to F.
Evershain.l—l re-directed the letter which I received from Lon.
don, to the Post-Office, Manchester.
Mr. Richard Hutchins ‘l'hitelock—l keep the Post-Office at
Manchester. On the 24th of June, I received a letter addressed to
Francis Eversham. It was put into the call box, under the letter
E." It remsined in the " call for" box on the Monday, Wed-
nesday, and Thursday following.
John Nightingale-1 ant a clerk in the Manchester Post-Office.
It was not put into the "call-for" box until the 28. h of Jure.
About five or six ininstren before ten o'clock on that night, a per-
son called at the Post-Office. A Bow-street officer, named With.
ner, was then in the office. The person who called stood at the
window, and said, " Francis Eversharn." I said, " Francis
Eversham, ?ost-Office ?" and he answered " Yes." I then asked
him from what place he expected the letter, and he said " London."
I could see his figure, but not his face, during the time that he re-
mained at the window. In order to give the officer time to go
round to the window, I ask. d the person, " Is your name Ever.
shrm, or Haveraliam ?" He route, that his name commenced
with an " E." At this time, I saw the officer standing beside
hint, and having read the direction aloud, I handed it to him, and
said at the time, "Is that your letter ?" He said, " It is." Ile
dun paid me the postage, three shillings, and put the letter iwo
his pocket.
- - - - •

Richard Gardiner—l am a police officer belonging to Bow-street;
I went in the first instance to Birmingham. to wait at the po-t-
-office there, but I afterwards went to itlanchester. I arrived at
Manchester nt six o'clock on Sunday morning, and I was in ea.!),
attendance there until the following Wednesday evening. I recol.
lect a person coming fore letter; 1 went round to the outside, and
then discovered that that person was the prisoner at the bar; I have
ft) doubt of the pri,toner's identity. I heard the clerk ask the pri-
soner hitt name; I saw the prisoner pay the postage and receive the
letter. %Viten the prisoner had put the letter into his pocket, I
went up to hint and said, " Mr. Eversham, I want a word with
you ;" I then took hold aids arm ; I informed hint that 1 was an
officer, and that he was now in my custody. He exclaimed, " Good
God !" and asked me what for? I told hint that I could nut then
explain what for, but that it would soon explain all. After walk-
ing a little, we got into a hackney coach ; I sat in the front of the
coach, and the prisoner in the hind part. Before we gut into the
coach, the prisoner attempted to escape, but I prevented him.
When we got into the coach, the prisoner put his hand on the win.
Clow ; I said, " Sit still, and take your hand in," and I looked into
his hand, but there was nothing in it. When we got to die Police
office, I asked him for the letter which he had got at the nosi-office.
lie replied, " What letter? I have received no letter." Shortly
afterwards the prisoner said that he had gone to the post-office to
inquire for a letter which be expected to receive front his father. I
left him in custody, and then went to his lodgings, which were in
Oxford-road. 1 had previously taken some keys from the pri-
toner's person. Lavender and myself searched the prisoner's lodg-
ings ; there was a box in one corner of the room, which was opened
by one of the keys which I had taken front the prisoner; in that
box we found some scraps of paper, which Lavender signed.
Cross-examined--The prisoner gave us his address, which La-
I vender put down on paper. We did not know his lodgings until
the prisoner told us where they were. The evening on which I ap-
prchentkd the prisoner, I sent the Win= round, offering a re.

ward for the discovery of tile letter. which I suppnerd had bets
thrown sway, and t caused an advertisement to be pul,l:4ltd
toil
same effect. In the advertisement I dereribed the place where
supposed the letter had been Inst. TVe letter was never found.
tound in the prism er's pocket one half sovereign in gold, and
lla fed. in silver. I have Irequently been employed by the Inneluu
bunker.. Thej do not pay me by the yob, but I drawn obey e;hu
I went it. _ _

_ ........
In reply to a question from the Bench, the witness stated ihat
he would not receive more pay in case the prisoner were convicted.
Mr. Justice should indeed be surprised if the buibeei
paid only upon convicttnn.
Cross-examination resumed by Mr. WILLIAM-1 never in.
qttited whether I gave W4tisraciion in this business or not.
I have
not been tokl that any body has binned me for the loss of the letter.
I was in perfect health when I seised the prisoner. The pe„,
office was shut, and I did rot thing it necesrary to apply fora.
sistance, because the prisoner moved so quietly. A letter From
the prisoner's father was found upon his person. I have sees 34.
Dug&le, a merchant of Manchester. I saw hint at 1110,,,treee
office. I never told either Mr. Dugdale or the prisoner's fahh
or any body in their presence, that the letar was put into the
prisoner's left hand trousers pocket.
fte.csamined—lt is a matter of entire indifference to metaled)"
the prisoner be convicted or not.
Stephen Lavender sworn—l superintend the mike et It".
cheater. I accompanied the last witness to the prisoner'alyogii,..
We got the address from the prisoner. Witntas p•dddend "".
scraps of paper, which had been found in a box in the prissoy,t,
lodgings, and also some sheets of letter paper, which bid been
found in an open drawer in the prisoner's sittitte.tcon.
Those scraps of paper were found in a snuff-hos in the nrisoner's
box ; the names of Fort and Co., and of sonic other firms near
Manchester, were written upon them, and they were put in for the
purpose of showing that the prisoner made a practice of intating.
the hand-writing of different persons. The watermark on thy
sheets of paper corresponded with the water-mark upon the le.:
to addressed to Messrs. SlNtterman and Co.

Sarah Wallon—l lived as servant in the henise where the triune,
lodged. The pr soner had lodged th:re for eighteen months, H.
occupiel a bed-co trn and sitting-room jointly with another flews,
of the name of Griffiths. The little drawer, from which the pallet
produced by the last witness wu taken, was common to bats 04
lodgers.
Cross-examined—The only persons who lived in the house woe
the pri ce:cr, 31r. Griffiths, ply two brothers, and my Itt.hand,
d'd not know the prisoner before he came to lodge in tie house.
For any thing I knew he always bore a good character. The
was a salon' an in the warehouse of Mr. Dugthle, at Manehes.
ter.

John Griffiths—l lodged with the prisorer for eighteen month..
The little drawer was common to us both, but I never used it. The
letter parer now p•rxhiced was not placed in the drawer by me.
Csosssexaminetl—l know the prisoner's hand •writing, having
seen him write eight or nine years ago. In my opinion the writing
allies cheek does not at all resemble the prisoner's handswriting.
Ido not think the letter resembles the prisoner's writing. I have
been acquainted with the prisoner for ten yams. He is now twenty.
six years of age, and, as far as I have known him, his character hss
been most respectable. Ilia hahrs were very abstemious. He
was rather dose-handed than otherwise, and never appeared lo be
short of money. Ile is respectably connected.
Re-examined—The other young men of the house used to be is
and out of the room occasionally.
Hy the Coart—l think that the writing on the scrap of paper,
found in the prisoner's snufLbox and desk. does not bear tile least
resemblance to the handswriting of the prisoner.
Lavender recalled. —I have compared the paper on which the
letter addressed to Messrs. Mastermed was wriven, with ihe pa.
per found in the prisoner's box, and I find the wirer mark to cor-
respond. The same coincidence occurs with regard to the paper
found in the table drawer.
. .

The paper found in the open drawer was withdrawn by the
prosecutor.
This was the ease for the prosecution.
torualdlodwreftinganwriy
pocket wished
th e
Mr. Justice PARK expressed an opinion, that no evidence had
been offered to support the charge of forgery The charge was now
reduced to one of " uttering, knowing it to he forged."
whichtten
arvn nature,l.
,tttleh
eol:fmfeolt.:
,stretea,t
charge
broughtmraerygp prepared
roceofdrecal cha thei
this
statement,
boaerry toiti
withe
no sc
ekoerspusaticheyie.,
statement, which he read in a distinct and firm tone ()Evoke.
"My boot, and Gentlemen of the Jury-1 have lately learned
Counselse
arc
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observations as appear to be applicable to the case. Being tinse-
-1 cust tined to maters of this description, I hope to receive a patient
and merciful i..didgcnce, fully trusting that you and his Lordship
will pay more attention to the matter detailed than to the mum
in which it is disclosed, and that you will not he influenced by thy
misrepresentations and prejudices, wit; Jr you may have heard be.
fore you entered that box. All I ask for is an impartial trial,
regulated only by the weight and credit of the testimony given as
both sides. The charge preferred against nic, you perceive, is
two-fold ; the first, that on the 111th of June last, I forged and
counterfeited an order net forth in this indictment in the names
of John iVakefield and Sons, of Kendal. upon Messrs. Master.
man and Co. bankers, London, for 1734.•parab/e tor the beans,
Francis Eversham, which was to be placed (as the docun:rot
crates) to the credit of the drawers. This lam charged salt
having clone with latent to defraud Messrs—Maxtennan and Co.—
The twanatil charge is, that I uttered the said order, well know-
ing it to b! forged and counterfeited, and -that I did so with
intent-to defraud Messrs. Masterman and - Co. Gentlemen, the
mode which has bees resorted to for the purpose of proving these
two charges requires your most serious attention, because it ap-
pears to toe ( with due submission to his Lordship's better judg.
went) to be of a singular and complex nature—extremely ques-
tionable in itself, and doubtful (even if believed) in its efficiency
to establish either of the two charges. Gentlemen, 1 shall come
at once to the evidence which has been brought forward to
establish my guilt. I ask you, gentlemen. is Gardiner to be de-
pended upon or not? Is his story, in all its parts, consistent
wish itself—probable in its nature—or consistent with the diffe-
r. nt circumstances that preceded, or with what occurred subse•
qucn ly to my apprdtension ? To these questions 1 invite your
attention. In order to come to a just conclusion upon these
questions, you must bear in mind that Gardiner has sworn that
he was sent down from London to watch the letter—that on the
night of the 23th of June he was in the post.office for that pur-
pose ; that about five or ten minutes betime ten o'clock a person
came to the window and asked for the letter; that he tlien
left the office and went round to the window, where he saw me
standing; that he stood close by me on my right ; that he heard
the post-office clerk read the direction, and ilok me if that was
my Icier ; that I said it wos; that I received the letter, paid
three shillings postage, and put the letter in o my right hard
breeches pocket; that he addressed himself to me, saying," 3lr.
Evershain.l want a word with you ;" that I said, " what about?"
That he then Pelted me, and said he was an officer, and that I
Must consider myself in custody ; that I asked him " what for ?"
That he said lie could not explain there, that I must go with hint
to a place where he would explain ; that I walked very fast the
at the fine having fast hold of my sleeve); that there was a
coach standing at the corner of St. At ne's-square ; that lie desired
me to go into it ; that I resisted and endeavoured to escape ; that
he get rue into the coach, and drove off to the Police Office, where
Ito, assisted by 31r. Laeeneler, immidiarcly searched my person.
but could not find the letter; that they took out of my pockets
Ifs. 6d. in silver, and a letter (which I had lately received front my
fi•ther); that I then told them where I lodged ; that they went to
my lodglnes and searched them, ai.d, that they found there,
amongst other t! ingot, three sovereigns and sonic sheets of paper.
Ile has also t •Id you, Gentlemen. whilst I was in the coach, he saw
me put my hand (cldnehed as if something was in it) to the win-
dow of the co ich ; that he told me to keep my hand quiet ; that he
drnw my hand back and opened it, but that I had nothing in it.
This, Gentlemen, is the evidence up in which you are to form a
judvient of my guilt or Innocence. Nothing can be more imposing
than the mixture of facts with falsehoods--nothing so difficult, in a
case like this, as to separate one from the other. I must, therefore,
in the absence of d stittct evidence, have recourse to such othermeans
as this cade admits of; and, I pray of you. lien:lnnen, to remember
• that the scene of action, as fixed by Gardiner, is incapable of direct
conirad•ction ; I ain therefore forced to call to my aid the scattered
circumstances that surround the transaction ; and, I trust, I shall
eyed -twiny do so to his detection, and to your perfect satideactio
That Gardiner apprehended me is perfectly true, but not at the
Post Office window, nor in the way he has described. I was
apprehended at wire distance front the Post Office, and in a way
very different fear's that which lie has descrittel to you. Gentlemen.
before I enter into furti.cr commentary upon his part of the case. I
shall call your attention to an earlier part of the evening, which (al-
-1 though a• presint it may appear irrelevant) you will find extremely
imaterial in the c. urse or this indothy. (The prisoner here entered
into ade ail of e way in which he had spent the day, and of the
j persons ws one he had met, and conversed with, as afterwards spa
• peared in evidence. up to the time of his apprehension, and added.
that the 111 s. which was found in his pocket, was change which
• he received at n public house, where he paid Is. fal. for some ale
and a sandwich.) My Lord and Gentlemen, I submit that this
fact, Panicle, that the money found in my pocket corresponded in
. amount with the change which I hail lout a few minutes before et
the public-house, incomes (although trifling as it may appear, it
abstracted front the other circumstances) a matter of considerable
• importance in a case of this description. It has been stated by the
witnesses for the prosecution, that the person who received the
I letter paid three shillings postage. If I had been that person,
I my silver would have been reduced to fifteen shillings and sixpence,
as a matter of course. This is a fact that can't betray the truth,
nor mislead your judgment—it forms a material and infallible
part of the transaction, at.d upon that fact I submit (with great
humility to your Lordship). you, gentlemen of the Jury, may re.y
with safety for your government. It is not likely I should have
I got change for a sovereign, In order to pay Is. 6d. at a politic-
t house, if I had 3s. in toy pocket at the time. This fact is, I sub-
, mit, decisive in this case, and that the present charge is either the
result of gross blunder or falsehood. You will also bear in mind,
I gentlemen, that when I met Dlr. Harding, near the Post-office, and
walked with him to Exchange-street, 1 had a cigar in constant
• use. Now it is remarkable, in a case where testimony is so mate-
. vial, that neither Gardiner nor Nightingale have described the per-
. son applying km the letter, as smoking at the window of the Past-
I office. This omission is rather singular, because 1 never was with-
: out the cigar from the time I lett Mr. Handing, until I was appre.
!tended by Gardiner. That 1 declare to you, gentlemen,
. lento tact ; and, consequently, forms another ground of suspicion,
I us to the accuracy of the evidence of Gardiner. He must have seen
• the cigar, and Nightingale might have seen or smelt it at the a
dow. Both tae, however, Went upon that point. Besides, it