The National Register.
London, England, 1822-10-28 00:00:00

OLD Bilagr SESSIONS.

On Wednesday morning the above Sessions commented
at Jnoice Hall, tit the Old Bailey, Irefore the Lord Mayor
'Sheriffs, Mr. Justice Pork, the Heronder, Common Ser.:
geafit, &e. Sir It. Barrie also appeared on the beach.
The calendar is uncommonly light hunt the previous
Sessions.
TRIAL OF .BROOKES. ON A CHARGE OF FOR-
GERY.
John Benjamin Brookes was capitally indicted for
forging a receipt for 131. 10s., with intent to defraud
Mr. Alley stated the caerfor the proseentios. An ac-
tion was brought by Clarke against Mattes, in the Coon
of Common Pleas, to recover 131. Ss., and as a set-off to
that claim, and in order to delve! Clarke in the action, the
prisoder (as it was alleged) produced a cheek, upon the
back of which were smithy items, amounting to 151. les.,
and mitlermarili these, in the way of receipt, was wi hien
the signature " William Clarke," which was alleged to be
forged by the prisoner. The cause was decided in favour
of Clarke, and the prisoner, Brookes, being afterwards
ordered by Mr. Jirstice Best to produce the original
check, he said he lied taken advice which induced him to
drat ruy it.
The following witnesses were celled :
Richard Bromley sworn.-1 am clerk to the Judges of
the Common Piero. I produce the record of an action
between William Clarke end John Brookes for money had
and received. The plea was the general issue, and ver-
dict (or the plaietiff—damettes ISI. Ss.
Sir lllellald Biniir. Xnt ,IIWOIII.—I received the letter
I now produce, at she second ur Mid examination of the
prisoner at Bow-street. Chit ke was at that tune a licensed
victualler, and was about to leave one house and take
another. I thought it rather an improper letter to be
addressed to a magistrate, and I sent fur Clarke, and
••Lefl him if it was his writing; lie said the body of the
letter was not, but the signature was.
Richard Hill sworn —I was attorney for the plaintiff in
the cause Clarke against Brookes, in the Common Pleas,
I have in my baud a notice of a set-off left at my office.
This set-off was acted upon on the It ial of the cause. Mr.
Isaacson was defendant's attorriey in the cause. I pro-
duce the Judge's order for the particulars of the set-off to
be Welshed to me as plaintiff's attorney. The set-of
was for Beckenbanea bill. This bill was !Ur 111. It h. &d.
Evidence was given in Cosset of the demand of the plaititiff
upon the defendant. 1)u the part of the defendant, mi.
deuce of the particulars of the set-off was gone into, and
a check was produced as part of this evidence. This
check, after being Minded up is theludge and Jury, was
returned to Mr. Sergeant Pell, and by him to delentlaut
or his attorney. Sedges's bill was also produced in evi-
dence, fur the purpose of sliewiug that it had been paid
in settlement of Beckenham's bill. The trial took place
in the Common Pleas on the 12th ofJune, and on the 11th
I served a I,IIIIIIIIOIIS Ul/011 Isaacson, the oefesitlant's al tor-
ory, to attend before Mr. Justice Best, at his chambers,
in consequence of which lie and Brookes attended. Alter
several summonses, on the 3d of July, 1 and Isaacson at-
tended before Mr. Justice Best, at his chambers, and the
Judge, after hearing us, issued au order that on the fol-
lowing Friday, Broukes or Isaacson should produce the
check which was given in evidence of 'rigiff upon the
Trial, an.: meanwhile permit me to take a copy of it. A
copy of it was left at my office, in the hauthwritung of
Turner, lsaacsun's clerk ; but I could nut see the otiginal
cheek, and of this I informed the Judge, at our inertia(
before kill, on the following Friday. Isoar.un and
Brookes were present, and the loonier being asked whet
he had done with the cheek, Said lie had given it to
Brookes. The Judge then asked Brookes for ii,and eller
lies:dialog a little, lie said, " I have taken able advice nit
this liminess; 1 know I am iu a serious sitoatiou, and I
have been advised to destroy lila check, and I have de.
stroyed it," or words to that effect. The Judge said, no
honourable man would have given suet, advice, and here
the interview ended. Brookes admitted that the copy
produced was a true copy of the cheek.
buss-examined.—Susie expressions were used by the
primmer in the course of the business now ender investi-
gation tending to iiritmie me, and I did say I would bring
bier to public trial. lu the comae of this business I hare
been repeatedly threatened with prosecution, and all
kisids of threats have been levelled at me. Brookes
threatened to charge ate with hat mg sworn falsely on the
trial of the callus ill the COIIIIIIOO Pleas. '1 he cheek pier-
duvet, spun Use trial was handed to the Judge, from him
to the defendant's counsel, and by Them to Mr. Sergeant
Vaughan. Claike's counsel and Clarke dies saw it. I
can't say who had the check last iu Court. I never saw
it alter the cause was over. The Judge did not order an
ufficer to retaiii the check. Diu application was niaile le
the Judge to impound the check. Au action is now pend-
itig in the King's Bench between Brookes and Clarke,
uprise Beckenliones boll, but Broukes, when he said lie had
destroyed the check, declared thai he would withdraw
that action shut pa) she costs. Ply bill ui coils fur actions
between Cum kr and Brookes am'us'ed up so July last to
twat ly leol. 1 have received 1401. since that 110111 a per-
son wllOlll I believe to be del hto a Mr. Bicknell. 'Flux t
artistry 1 have now w Court, to abide by any ender the
Judge may make.
Wolioni Donald sworn.—l am a dealer In goods by
comusession. 1 tecolleet selling a litui-e to Soli ...... , the
Bow-sweet officer, mid lie gave fife his bill fur Its.,
amid time reinamiler in money. 'lbis was in December,
Intl. 1 &Hilted to (;hake, lime prosecutor, to get thus hail
discounted. and 1 went will' him to the pristmei's house,
In Broad curers, How-sti eel. (The bill was drawn by
witness upon Salmon, at two moral's.) The bill was dis-
counted uy the pm 'sutler at Its own house. Toe moony
was paid so nue iii a check for 101. noon Hodson and Silts
ling, arid the remainder in money, 255. being deducted.
Clam ke had the check in Ilia hands for a few moments, hilt
Ile had tio oppurtionly of witting any thing gm it. There
was no forme not figure on the hack of the church wain
witness haul is. It was paid at Hodson and Slitting's.
George Ward.--1 am a hatter in Clare-street. The
poisoner, Blokes, called milieu me, and prothiced a church
ow the day before lie Wit. 10 appear before Mr. Justice.
Best. He asked nue it oho endorsement on the back of
this check was Mr. Clarke's liiiiid-wrlting? There wei• •
some holies, and " William Chalky" written on the bark.
I said toe signe•tite was Usti ill Clashes hand-writing; it
was muffing like it, and I would call soy wile, who else
knew Clarke's writing. She harked at it, and said it was
Nothing like it.
John Goldsmith swore.—l was examined as a witness
oss IS turn' uf 1.1. e cause is the Cuintuun Pleas. Ou time

Tth of Awaust I was *nested, and tin the follsrring day I
saw Brookes in Culdhath-lielda prison. I saw hint at the
Groves nor's house, and I went with him, Mr. Clarke, end
an attorney. into the yard. Brooke,' said to use, " Will
you swear mat this is Clarke's hand-writtog at the back
of the cheek?'' I said, "It is vile imposaible, for I
have never seen the cheek since the trial." He said, " I
suppose you know what I have diseased Clarke and the
attorney to inform you." I said I did, and I understood
by the papers that he bad destroyed the check ; that I
had seen Clarke write very often, and if he had nut de-
attoyed it, and would thew it to our, and it was Clarke's
writing, 1 would swear to it. Mr. Isaaemie and another
twine in al this time, and Brookes and lie retired to a
corner of the yard. Brookes after Nome time came to sue
and said, that any 1.01411 gggggg ieation which I might have to
make. might be made to Mr. Isiciesosi—" for really,"
added he," I assn so agitated in my mind that I don't kuuw
what lam about." I then retired with Mr. 111114C11011.
Mr. Tudd, a clerk to the batik of Hodson and Stirling,
proved the payment of a check in the ionise of Clarke, Ull
Ilse 18.15 of Del rusher.
William Clillke was next called.
Mr. Sergeant Pell objected to this witness being exa-
mined, on the ground that Le was not competent to give •
evidence, lie being as interested person.—The teeniest
Sergeant emit...wird, and cited a case in support of Isis
argument, that a person whose Halite was alleged to be
forged, was not only incompetent to prove the forgery
itself, but could not even he examined to any collateral
fact, which would tend to bring home the crime of foigety
to the accused.
Mr. Bullard and Mr. Mall followed on the same side.
Mr. Alley and Mr. Clay/mail argued at length for the
admissibility of Mr. Claike as a witness.
Mr. Jastice Psi k decided that, under all the circum-
Matters, Mr. Chat ke could out lie examined.
Joseph Beckt 1111411111W1/111.-1 amclesk to Mr.Stretton's
brewhouse. I went wills Mr. Clarke to the `louse of Cor-
rectiuis, sod .140, Bsookes there. Claske isitrostured use
to Brookes, aunt said he had brought one with him res-
pecting the business of which they had beer talking the
day before. B, mikes Shen asked Cleo ke not to attend at
Bow-street, •nd lee said he would hot if Ileuuk es would
pay his law espences. This Brookes said lie sunlit do,
anti paid into rosy hands 1:;01, in money mid hulk at short
dates. I paid 1001. of this to Clarke, and SOL to the bro-
llies of Mr. Hdi, the :attorney, fur the piosecutor.
Two letters, sworn to be in the prisonel's hand-writing,
were then post it and read—one from the prisoner to Mr.
Clitite,dried is out the lie use of Curs eetion, and the usher
written by him, but signed by Clarke, and addressed to
Sir R. Bunie. The former was written in a style of sup-
plication, and implored Clarke to visit him, and declared
that he, and he only, could save him. His (Smokes's)
fate was iu has Wilds, and he begged he would conic to
him, as he lied a (tient who would do what was necessary
between them. The oilier letter was expressive of an
opinion on the part of Clarke, that lie had " iu sonic res-
pects been deceived," and a wish that Sir IL /Stride would
allow hit's to will.diaw Isom any Wither ptoteedings
against 'Looker,.
The prisoner was then called upon for his defence.—
He asserted and called Clod to witness that Mr. Clarke
did pat his liaise to the check, and proceeded to give a
detailed acemtint of the various trausections between the
pa ties. He had discounted bills for Air. C., and a quarrel
1141'111X arisen bet arta" them, Cl4lke cuissuseneed pro-
ceeding* against him fur usury, but that was dropped.
Tilts gave tier to actions sin hulls aides, and the couse-
qttemt proceedings are already before the public. He
ascribed his preselit situatiou to Mr. Hill, the attorney,
against whom lie said lie had intimated his intention to
proceed for pet jury on a foe men occasion. He was 1110-
ceelling to continent in yes y Pit Oil: 1411411dge on the con-
dor:l of some of the wi4isesses for tlic teiooa:coition, when lie
was called to order by ilie Coital. lie concluded by pro-
testio4 his entire innocence.
Joists Isaacson, ass attorney, was called. He was pre.
aeon at the hint in .tee C Pleas, suit no question
was then raised about the cheek tiring lorged. It was
banded publicly about the Coot t.—ltemestsbers seeing
Mr. Hill at Judge Best's eisainimrs.— Dal not recollect
Ulm/ken saying he had destroyed the rhea ; was near
enough to have heard it, if lie had said sit. Thai letter
sent to Sir It. Hinter by Clarke was 11411111.11 to willies'',
who amid it was out Slit head writing of Brookes. Psi-
suttee was clerk to witness, and his character was always
honest.
A letter containing a copy of the cheek, alleged to be
forged. was ilioduced, and sawn to be in the hand
writing of 'Turner, cleik to Isaacson.
Jas. Turner swore lie was clerk id Isaacson.—Brookes
was managing clerk.—Heinentm • Clat ke ',tinging a bill
to Brookes to get discounted.—Brookes was engaged
with company, and Clatke wrote • lime sip to hint, and
desired a noes* to ask Brooke,' to let him have tour or
bye pounds tin the Intl at that time—the rest would do in
a week or so. Brookes accordingly sent down rum
auv_ereigos, which lie gave to Claike, and lie went away.
—Saw him again uu the Init.—Saw Biookea give • cheek
for It I. to Clarke, saying. " Clot ke you had liens r en-
dorse this check." 'atigen of the check was wittiest
py Bioukes.—Clarke did eusluime this cheek.
Mr. Arthur swore that lie was ptesent, and heard
Broukea say " Clat ke, wine upon the cheek" sod Clam ke
leaned forw•rd and *tote somethiug, bus witness slid not
know what.
\laitit' Nolan hate, au historieal engraver, Plated that
lie wrote the uudy of the letter addressed to Sir His:Mud
Blume.
Mr. Justice- Paike summed up ilse evidence, and the
July I eturned a verdict of out guilty.

Tar SILENT SPEAKER.--Ai the brother of the proud
Duke of Sulk r3CI. who Olen filled the chair to the
house of Coatittottsi was returnith4 from Bath, his car-
rtia_te was intetropied out the road by di? tirialigeuee and
audacity of a west cutntuv Wjgaolll're I isiliguatit at the
insult, he jumped out of his cat riage. and began to lay
about hint with his gold-headed cane 1.11,011 the head 111
the weggoner, who, to his turn. snout plied his long
whalebone whip so sharply, that his honour wits .lasi
to retreat. exelaituing—" %%Maio ! do you know s. utt I
t "—•' Noa" replied the west country er, " Who
becst, after all ?"--.. Why, sitrall. the Speaker I "
—" why thdit'A the Spniik'belorvt."
GREAT Pe.DESTKIAN red.—Nlr. Abernethy, the
Scots pedestrian, has eittopleted his match to go limo
London to Nonnigham and bad:, waking a circuitous
route of 21i0 macs, in lour successive days.

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