Star.
London, England, 1802-05-04 00:00:00

02,D adiLzr.

FORGERT.—Yelierday came on before Mr. Ba-
rra Toromrsos and a Middlefex Jury, the trial of
JAMES TOWNSIND. Efq. The indiament charged
I.i m with counterfeiting a draft, purporting to be
drawn by Henry Cavendith, Efq. of Clapham, in
ftvour James Cascada, Efq. for tbocl. upon
the houfe of Snow and Co. hankers, near •Temple
Bar, with intent to defraud the faid Snow and Co.
on Monday, the 26th of April laft.
Mr. Kisowurs opened the cafe of the prams
tion in a very candid and liberal manner, lament-
ing that a gentleman, In refpeftablv and honour-
;tidy connefted as the prifoner was, thotild appear
at that bar, charged with to heinous an offence as
the crime of forgery. The profeention was con-
dueled at the intlance of the firm of Snow and Co.
merely from a fenfc of public duty. He under-
Rood that the defence to be fet up was that of men-
tal malady, which it behoved the Jury to watch
very narrowly, and determine whether the unfor•
tunate perfon was, at the time of committing this
offence, in filch a (late as to be refponlible for his
conduit ? At all events, the mile of jtillice re-
quired
that he should be brought there to anfwer
to the accufation, and either (Wier the penalty of
the law, or be honourably acquitted. He con-
cluded with a repetition of the cit cum 'lances of the
cafe, as afterwards appeared in evidence.
James Harvey. the firft witnefs called, raid he
was lhopman to Mefrs. Grayhurft and Co. Jewel-
lers, in the Strand. On the morning. of the 26th
of April, the prifoner came to their Sap, and
called fir a tea urn, which he agreed to purchafe.
Icing afked ifhe would have a coffee urn to match
it, he wiftred to knew what the are of a coffee urn
*as ? and very readily agreed to buy that urn, to-
gether with feveral other articles, moft of them
plated, to the amount of 391. He made the pur-
chafe without any hefitation as to the price, or
even examining the articles, feveral of which re-
mained in their cafes without being fa much as
taken down.. The prifoner then took out a piece
of paper, which he faid was a draft upon Snow, the
banker, for toool. defired the witnefs to take it to
the place where it was addreffed. and to fend the
articles as well as the balance to Millington's
Coffee honk, Holborn, to be left to the care of Sir
T. White. The witnefs obferved that he had a
Very deranged appearance, Raring, and looking
very wildly. He quitted he (hop immediately
after giving thefe direitions, and the witnefs think-
ing him mad, and that there was in fait no (*ale, re.
placed the goods inftead of packing them up.—
He told the foreman that, confidering the gentle-
man to be infaoe, he imagined it would come to
nothing, and though he did not expeit the draft
to be paid, yet he remit by a man of the name of
Summers, to Mr. Snow's, where it was refilled.—
In air an an hour after Mr. Tovnifend called again,
and Abed why the draft was not paid t Seeing
Mr. Paul, a partner in the firm of Snow, following
the
_prifoner, was referred to him for an anfwer.
The remaining part of this witnefs's depofition
will be more fully explained in Mr. Paul's evidence.
On crofs.examination he Rated, that in the
prifoner's whole conduit there appeared to him
evident fymptoms of derangement ; that he gave
the cheek without a(ki ng for any receipt or acknow-
ledgment for it ; and that when the witnefs fent
it by Summers, he told him at the time that he did
not expel/ it would be paid.
Englifh depofed, that he is foreman in the
watchmaking department to Mr. Grayhurfl, and
corroborated the tellimony of the former witnefs.
The firft part of this tranfalion took place be-
tween nine and ten o'cLck in the morning. The
prifoner, as Coon as he was told the price, imme-
diately faid he would have the goods, and defired
them to be fent to Millington's Coffee-houfe for Mr.
Townlend, and to the care of Sir T. White. As
foon as he was gone, the former witnefs, Harvey,
remarked, that he could not intend to have the
goods.
On being crofs-examined, he expreffed the fame
opinion as the fhopman, that the gentleman was
deranged in Lis intellees, and was fo far warm-
ed in it by his not knowing the ufc of a coffee-urn,
and the general tenor of his condni, that he
thought proper to watch him to the door, left he
might commit any outrage.
He further related Tome particulars more fully
detailed in Mr. Paul's teftimony, of whole precau-
tion in (lopping the payment of the check, the
ifoner himfelt highly approved.
John Samuel laid, he was a taylor in the Strand,
and received the check in queßion from Harvey,
the payment of which was refufed. The other
parts of his teftimony may be omitted, as being
in a great meafurc a corroboration of the material
evidence. _ _ _

Henry Gubbins faid, he was clerk to the houfe
of Snow and Co. Mr. Henry Cavendilh kept ca(h
at their houfe, and had at the timeof thisdraft bein_g
prefented more than toool. in their hands. He
was in the habit of paying that gentleman's checks,
and though he had never feen him write, he was
of opinion that this draft for wool. was not his
hand—vriting, as it did not correfpond with his
ufual manufcript.
On his crofs-examination he faid, that the 501.
draft produced and drawn in favour of Mr. James
Cavendith, was Mr. H. Cavendifh's writing, and
had been given in to thLit houfe from Biddulph's
on the following day. The prifoner came to Mr.
Snow's banking honk, about ten minutes before
the draft for 10007. was brought in, and allied wise-
ter it had been prdented ? The witnefs, on under.
'landing from whom the draft was, faid that it
had not yet appea•-nd. He then left the (hop
abruptly, and returned in fume time after, fat up-
on a chair, took off his h. it, wiped his face in Come
agitation, and retired, without fpeaking a word.—
In about three minutes after his departure, the
draft was poefented, whirl', after conflating Mr.
Pail, he refuled to pay. He obferved the prifo
r..,• much agitated, and thought his condua very
iirm the %holt.,
Mr. Paul depofed, that he was a partner in the
hos.fe of Snow au. Co. and prefent when the draft
in queflion was prefented. Mr. H. Cavendilh had
at that time ea& in their bands to more than
-the

ammint of toool. when the draft was fent in, the
clerk confulted him about the payment of it, and
finding it to be a forgery, as he had often ken Mr.
Cavendith write, he directed that it fhoiild not be
honoured. Having received a note from Mr.
Townsend, by a boy, from Devereux-Court, he
went to Bow-street Office for advice, and after-
wards repaired to the Court already mentioned, to
a chandler's Atop, where he found the prifoner dif-
courting with the woman who teemed to keep, it,
and from their converfation fulpelted drat he was
the perfon whom he was in quell of. The witnefs
asked, if the boy, who brought the letter to Mr.
Snow's was at homy? which the woman anfwered
in the negative, and the prifoner immediately af-
terwards left the (bop. Mr. Paul kept him in
fight, followed him as be crefed over behind the
New Church, and then paired sterol's the Strand
again, oppolite Somerfet houfe. By thefe turnings
he concluded that his purfnit was obferved by Mr.
Townfend, who turned into Grayharfes, which
confirmed the fiifpicion of his being the perfon
from whom the counterfeit draft came. On fol-
lowing him into the (hop, he found him talking to
the persons attending it, and eating why the check
was not paid? To this the fhopman replied, di-
reding his attention to the witnefs, " There's a
Gentleman who will tell you." " I then (lid
Mr. Paul) told him there were tome fufpicions
circumflances about this draft, which require to I
be. explained. I (hall take it as a favour, if you
will have the goodnefs to fit down and converfe 1
with me on the fobjeft." Mr. Townfend replied, 1
that he was extremely willing to give me any in- I
formation in his power. I then requeßed him to
be to kind as to tell me how he came in polfetflon
of the draft. After we were both feated, Mr.
Townfend laid, that he had been, the day before,
fent by the Duke of Devonfhire to Clapham, to
folicit from his coufin, Mr. H. Cavendilb, fome
al:Mance for their kinfman, Mr. J. Cavendifh, who
was at that time in confinement in the Fleet, and
confeviently tinder tome embarrailments • that
Mr. H. Cavendifh had given him two drafts for
the relief of his kinfman, the one for Sol. and the
other for wool. that he paid the 501. draft into
the hands of Meffrs. Biddulph and Cox. Some
time afterwards, Mr. Townfend laid, if I have
told you that I received the wool. draft from
Mr. Cavendifh, I beg leave to coned myfelf. I
only got Sol. from Mr. Cavendifh, who Paid he
would give no more to his kinfman. That Mr.T.
was overtaken on Clapham•Common by a Gentle.
man, very well drefred, who was a aranger to
him, and Paid that Mr. Cavendifh had relented, and
fent a draft of food. in addition to the Sol. for
the ufe of his relation. This, he Paid, was the,
check at prefent in qnetlion. The prifoner then
took up his hat, and teemed preparing to go away,
obferving, " When you are satisfied of the truth
' and reality of the draft, I truft you will pay me;
at prefent lam not in want of any money." See-
ing him inclined to go away, I propofed to him
to go to the banking-houfe, where I could (hew
him fome of Mr. Cavendili's real drafts, to which
he readily contented. In our way thither we had
fome converfation about Mr. H. Cavendifh, his
habits of life, Stc.. and he acquainted me with the
circumstances which led to Mr. James Cavendifh's
imprifonment. On our arrival I conveyed him
into a back 'room in the banking-houfe, and tent
for a conflable. He Paid it would be very incon•
venient to him to be detained, as he had bufinefs
in the city which would fuller by his abfence. He
therefore required to be releafed, but we had him
concluded to Bow fireet, where he repeated the
fame (tory which he had done to me, with little va-
riation. During the whole of this time I taw no-
thing which could induce me to think that he la-
boured under any derangement of mind; but, on
the contrary, confidered his deportment to be that
of an innocent man, or of one who wished himfelf
to be thought fo."
Richard Williams Paid he lived in Devereux.
court, and knew Mr. Townfend for five years and
upwards. He was fon to a man who kept a chan-
dler's (hop. On Monday, the a6th, that Gentle
man came into the (hop, and called for pen and
ink, which being given him, he wrote a note,
which he fent by the witnefs to Mr. Snow's, to-
gether with a meffage, that the draft he fent fhould
not be paid, as he had money enough at home to
pay for what he purchafed. He appeared to be in
great bah, and the witnefs law no more of him.
The note was then put in and read as follows :
N Sir—Pleat return the cheek to the bearer, as than fa-
, cleat ea& at home to pay you. J. Townes ND."
(This appeared to have been meant, not for the
banker, but the perfon who was to bring the
check.)
Sarah Williams, fitter to the former whiter% de.
pofed, that the was fourteen years of age, and knew
the prifoner for a (hors time. On the a6th of
April he came into the (hop where the was (cry-
ing, and afkcd in a hurried manner, three times,
"Is he come?" The witneti knowing nothing of
the previous circumstances, did not conceive what
he alluded to, and made no anfwer. Mr. Paul
came in at the fame time with Mr. Townfend, and
after their departure the law no more of them.
Mr. Townfend, however, at the time teemed
Igreatly agitated.
Mr. Graham, one of the Police Magiarates, at
Bow-freer, proved the examination taken, when
Mr. Townferal was brought before him, which
was written by the Magiarate himfelf, and figned
in his prefence. The prifimer, after it was read
over, (aid, he underfond it perfeilly, and could
have no objeiaion to ago it. In one part of it, he
dated thathe received the toool. draft (tom Mr.
Chetterman, who overtook him on Clapham Com-
mon. The Magiftrate warned hint of the danger
of mentioning the name of that Gentleman, with
whom he was acquainted, and with regard to
whom every circumfance could to eafily be
proved: but Mr. Townfend appeared fo confident
in his &anion, that he mid make no doubt of
there being a (trong impreftion on his mind that
the Itatement he made. was true. He had every
appearance of being deranged. During his exami-
nation,
he walked about the room, tinging and
whittling, and he either mull have been really in-
fant, or had a great deal of ingenuity and ma•
nasearat.m_mak othen.thiaila. was to.

Jaires Cavendilh, the gentleman in whore fa- Mr. 110, merchant, and partner to the fore,!,.
your there bills were drawn, depot...A, that thz ing witness, corroborated his teflimony with
loner had applied for pecuniary afiliiance for him ! further anecdotes, which tended to effablillt
from his friends and relatives with hislnowledge
and content, and that he knew of his applying to I Mr. Po, le, an attorney, alro-depored, that ti:e
Mr. H. Cavendilh, at Clapham. On the forenoon pi limier had come to him to bon ow 30,ca.01. is
of the ash, between t t and 12 o'clock, he called he laid lie was commiflioned to rah.: .4; the 0. Lt.,.
on him. The witnefs deed if be had got any Eltates, and recited many inilancts of his late us.
money for him from Mr. H. Cavendilh t to which travagant pi ficcrrlngs.
the prifoner anfwered in the negative, but oblerv- I Mr. Rode, kit O'Connor alto related feveral
ed, that Mr. H. Cavendilh had not raid that he cumitances which led him to believe that the pri.
would not athft him on a future day. The pri- foner was deranged.
toner teemed, as ufual, at every time be called, to Ail there witneffes bore teffimony to his excel-
be in a great harry, and anxious to get away. He lent charader and condud during the foregoing
was only acquainted with him fence the beginning part of his life.
of lalt April, and that, in confequence of his be• There were a number anther witnetics in proof
ing reprefented to him as a man of great honour of his temporary infanity, but his Connie' declin,:d
and humanity. He did not perceive any fymptoms to call them, in the prefumption that it was hiffici-
of derangement about him. Had he thought him I ently efiablilhed by thofe whom they brought lor-
an incapable perfon, he would not have taken the ward.
liberty to employ him as his fliCnsi in conveying Baron THOMPSON then charged the Jury, reca.
the letter to the Duke of Devonlhire, and in mak- pititlating all the points of evidence. pi incl.
ing applications to fume of his other friends. pal queflion to he confidered was, whalter the
Hare Paid, he was Clerk to Bieldulph, Cor, Pri Diner was Inch a moral agent as to be account.
and Co. where the prifoner had kept ca(lt for many able for his cond.ifi. It was indeed difficult ac.
years. He proved the receipt of the sot. draft in count for many parts of his proceeuings in this
favour of J. Cavendilh, Efq. out of which he gave , affair—his going to the Banket'a at the time when,
the prifoner 51. and placed the remaining 4sl. to if in his ?cores, he mutt have known that the
his general credit. With regard to the conduct of draft he fent was..folge,l, and the other cit cum-
the prifoner, he Paid he had lately obferved a.loofe• fiances fo extremely inconfiltent with v, lat was
Inds about him, a fort of trcmor and imbecility proved to have been his ufual deportment. If
which was not before ufual with him, but could not they confidered him as a man of found rca:mi at
fay that his observation extended fo far as to regard the time of the trantaaion, they mof find him
him in a (late of mental derangement. The change guilty ; if they confidcred him to be in.A condition
in his behaviour he noticed for the lati two or three in which the der ;vadat' of intent& left him no
months. knowledge . f what lie was abotit,it was thd duly
Here the evidence for the prorecation doted. to acquit him. The Jut y returned with a vetclist
Mr. Baron THOMPSON then addrelling the pri- of— a Gtr 'y.
foner, laid, " This, Sir, is the time for you to en- The R. C,RDER obferving that the defence was
ter on your defence." a plea of infanity, laid he was bound by the .44
The Prifoner." My Lord, having the honnur of Parliament, to ask Lhein' whether that was the
of being defended by Gentlemen offuclt diflinguith ground upon which they acquitted him ?
ed talents, I Mould efteem it arrogance and pre- The Jury replied, that they unan:mottfly acquit.
fumption in me to offer a fingle observation.'' ted him lips ,n that ground, and that r nly.
The kuons—,, You probably are aware that The RECORDER then ordered that the Prifonei
your Counfel cannot addrefs the Jury in your be kept in litift cultody, in New gate, till his Ma.
favour." jelly's pleafure be known.
Prifoner—" 'My Lord, I know it." Mr. Townfend is a gentleman very well known
_ _

. .
The Marquis of Thomond laid, he knew the
prifoner for many years, and always found in him
a manlinefs and firmnefs of charaCter, together
with the manners of a well-bred Gentleman. On
Saturday, the 17th of April, Mr. Townthend came
to his houfe, and was fhewn into the room in which
he then was, accompanied by another Gentleman,
who was to him a ftranger. He thought the de-
portment of the prifoner on that occafion very ex-
traordinary. There was a wildnefs and extrava-
gance about him by no means correfponding with
his ufnal habits. The Marquis having been en-
gaged to walk in the garden with Come company,
apologized to Mr. Townfend, and hdped he would
flay to dinner. This the latter refuted, alledging
that he was going into the country, and only
agreed to take fome refrefhment. It was after-
wards remarked by the Marchionefs of Thomond
that the prifoner behaved in a very firange and
unufual manner.
Mr. Higginfon, a merchant, Paid that he knew
Mr. Townfend fine they had been together at the
Univerfity. He heretofore always condufted him-
felt as a well bred Gentleman, who had always
been accullomed to fathionable fociety. The wit-
nefs, however, having been invited to dine at
Greenwich with the Rev. Mr. Maul, on Sunday
the dlth, was furprifed at the abrupt entrance of
Mr. Townfend, who had previoufly called at his
houfe in town, and followed him. His furprize
was the greater, as Mr. T. was not invited, and
WAS fcarcely known to tte company. He took no
notice of any one, and made no apology for his
intrufion, but pulled out a little table at the corner
of the room, and Paid he would dine there. The
dinner having been removed for fome time, Mrs.
Maul expreffed her regret for the circumflance,
laying, the dinner taken away was then neither
hot nor cold, but that there was tome cold meat
in the houfe, which the ordered to be brought up.
Mr. Townfend laid, that would do, but he would
infia on having form potatoes. The fervant reply-
ing that there were none dreffed in the houfe, he
defired her to go to the Sceptre Tavern, where he
had credit, and get fome potatoes, which might be
charged to his account, and he would pay for them.
After the Ladies retired, the witnefs was aflonithed
and mortified at the indecency and impropriety of
the prifoner's language to fo refpeCiable a clergy-
man as Mr. Maul, fo extremely different from his
dual demeanor. He took him home part of the
, way in his coach, and could not but remark the
incoherency and extravagance of his converfation,
laying that he was to be appointed Steward. or
Colleaor to the Duke of Devonthire's elates, by
which be would make to,oool. That his Grace was
to return him into Parliament, and that he was to
be married to a lady of very large fortune, &c.—
He alfo mentioned his coming to him in a very
grange manner, and requelling him to write to
Sir M. Smith, the Mailer of the Rolls in Ireland,
the Judges Chamberlain and Doun, and fome
others of the witnefs's friends in Ireland, for their
intereft with Lord Redefdale, to appoint him a
Commiflioner of Bankrupts. The witnefs knowing
that he had fixed his refidence in England, and
had long retired from the Irith bar, remonflrated
with him ; but- his reply was, that he might offi-
ciate in Ireland, and difcharge all the duties of
the office, while he remained a refidcnt in Eng-
land. From, thefe, and a variety of other circum-
fiances which he mentioned, he had a conviaion
in his own mind that Mr. T. was infane, and ought
to be confined. Not wishing to take the refponfi-
bility of fuch a procedure upon himfelf, he thought
df applying to his nearell intimates, and molt im-
mediate relations. He accordingly waited on Mr.
O'Bryen, with whom Mr. T. was intimate, and
not finding him at home, left a note, to fay that
he called on the part of a mutual friod, whole
fituation was of too delicate a nature to be com-
mitted to paper. He received no anfwer, nor had
any interview with the Gentleman he alluded to
till Tuefday the 27th of April, when he heard, for
the firft time, that Mr. Towafead was is cuttodr
upon a chugs of forgery. _ _ _

in the m.l refpeetable walks of life, and, though
a younger fon, was left by his father with a hand-
Come independent fortune, together will) the pro-
feflion of the Bar, which he unaccountably gave
up at a time when he was.confidered to be in a
rapid way of advancement. He was plainly but
very genteelly dreffed, and deported himfelf in
filch a manner as confidtrably to interell the feel-
ings of the Court, which was numerotifly-attend-
ed. At the Bar he difplayed fuch fymptoms as
fully correfponded with the opinions of thole Gen.
tlemen who were Witneffes to the defence, and
during the moll material parts of the evidence,ed-
duced againflhim,was amufing himfelf with flick-
ing bits of rue upon the (pikes with which the
dock is furrounded. He &only, however, delifleci
from doing fo, and without taking any notes, or
(hewing any great anxiety as to the.refult, paid a
very marked attention to the evidence.