Star.
London, England, 1827-10-20 00:00:00

SESSIONS.

74T ;,r.1.4+0,

EXEtER

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4. TRIAL or 111ILLIASI FRAitILL
" prizawi nub, aged 37, witarat abbot *quarter to'
three o'clock, placed at Ale bar, on a-charge of forgery.
The Court was crovided almost to sulfotation. Three
indictments had been found against him ; and that on
which he was now arraigned contained nine taunts.
Messrs. Coleridge and. Osnam conducted ,the prosecu-
tion ; attorney, Mr. J. B. Sanders. Ikrr the defence
wets Messrs. Crowther and Freed; attorney. Mr. Paw,
jen. The prisoner was charged in a variety of waps;
.the offence itself was the forging an endorsement. and
-uttering as true, a certain interest or promissory note,
of the city bank; Messrs. Milford and Son, and C.. for
6"1. No. 11,839, dated the 30th of April. 1826, and
drawn in the usual manner, at 20 days, in favour of
• Mary Easterbrook, with intent to defraud Elisabeth
Callender..
. Mr. Couternaa said, it was fortunate that in this city
cases of this kind seldom occurred, and it was not
-probable that to most if not all the Joey, conversant as
they were with their general duties in that Court. the
consideration of a question of such vital import, both
as affecting the prisoner and the public, had never be-
fore been presented to them.
J. M. P. Bawling, is a clerk in the City Bank; the
partners are. John Miff and and John Milford, jun.; re-
members the 3d of October ; knows the prisoner, and
-use him at the bank/on the 3d; came about eleven in
the forenoon, and presented four interest notes. (Two
lamest noses, those drawn in favour of Ann Franks
and Mary Easterbrook, were handed the witness.) The
• two meeproduced are part of the four ; had seen them
before that time drew them at the time of issuing,
and have no doubt of their identity; have as little
doubt but that I was present when the interest (for
which the 'receipt for 16s. was- on the back) was
paid; cannot at this distance of time say to whom I
delitered them whets drawn. When presented by
the prisoner, they sere neither of them endoesed.
There was nothing on she back except the receipt for
the interest. &'risooer said he vented the money. I
• lodked on the back, and saw they were not endorsed,
and said to hint, they could not be paid until they were
so. I then asked his name? he replied, John Franks.
I then asked him, who Mrs. Ann Franks was? He re-
plied, his wife. Prisoner then west away, and stayed,
.1 believe, about an hour ; when be returned, he said his
wife had been recentitemined, was ill in bed, and bad
written her name no the front of the note. I told him
be could not ham the money until his wife's name was
written on the back of the note. He went away
second time, and returned in about bal( an bOur, pro-
sinning the note again, with the name " Ann Franks."
written on the back; I told him it was not yet sufficient,
as Ann Franks was his wife; lie must write his name
.under that of Ann Franks; prisoner said he could not
write; I replied " You must then make your mark;"
be did so, and I again asked him his name; be said
John Franks; upon which, in connection with his mark,
I wrote the words " the mark of John Frank; witness
J. M. P. R." I then paid him the money, 601. with the
interest; prisoner mired for gold; I told him I would
give him Bank of England notes; he said either beforel
1 paid the money, or immediately afterwards, am not
certain which, Mrs. Easterbrook is out of town. but he
should be able to get her endorsement by the next day,
when the note would come for payment; saw nothing
mote of him or the note that day; but about eleven
o'clock in the forenoon of the following day (the 4th),
the same note was presented for payment by Ann
Smale, with the name Mary Easterbrook written on the
back ;ia consequence of information the bank bad pre•
viously received, I did not pay it.—On his cross-era-
mination Mr. Bawling does not know whether Mrs.
Callender has bad dealings at the City Bank ; the re-
ceipt for the interest premouslt paid is in the hand-
writing-of Mr. Lindford, a clerk in the bank. Though
the notes arc at 20 days sight, it is always the custom
to pay on demand, unless in cases such as occurred
about two years since, of a run on the bank, whenthey
avail themselves of the 20 days notice, in order to see
what may come in; does not know Mary Easterbrook,
but is certain as to the identity of the note, as them is
only that 601. in the name of Mary Easterbtook in the
books of the City Bank.
Ann Smale is the daughter of John Smile, who keeps
the Red Cow public-house io St. Sidwcll%; prisoner
came to their house on the evening of the 3d of Octo-
ber ; had supper and grog, and slept there. On the
following morning said he wanted to go to the bank,
but had drank a little over night, and wished some per-
son would go for him ; he asked me to go fur him ;
said I would ; he asked for pen and irk ; I brought it
to him, and saw him write upon a bill; it was on the
back of the note. I believe he had three notes when he
was writing; he gave me the bill on which I saw him
write, with two others; cannot say on which of the

three he wrote--ta note was handed the witness); this
is one of the notes he me me; he told me I was to
take them to the bank, and if there was any refusal to
pay. the bills, I was to say " it was foe the person who
received the money of Mein yesterday." I presented
this note to Mr. Bawling ; the other two I presented at
the Latter Bank fir t; the notes were not paid. Oa her
crosf-examinatiun she said, 1 lighted bim to bed on the
night be slept at her house; he was a little intoxicated,
but able to walk up stairs; I pulled off his shoes; he
desired me; did not take off any other part of his dress,
nor do 1 of my own knowledge know whether he did;
I cannot say whether he went into the bed; but iu the
morning it was soiled, as from a person's lying in it;
many persons frequent our linu.e; respectable persons I
come there sometimes; saw him the next morning about
half-past seven ; he was perfectly sober ; desired to have
s e breakfast ; I got it as fast as I could ; it was
about kalipast eight or nine o'cl,ck ; he had Sittl•
sages, eggs, and tea; 1 nether attended him uor saw
him have soy grog ; after breakfast lie drank some rum
and milk ; I think he had in re than one glass, as I
attended him with one, and observed, when I some time
afterwards carried him the pen and ink, that he had
then some in his tumbler ; I do not know what he paid, ,
nor do I know what his reckoning amounted to; he did '
not settle with me; he played at skittl-s during the
n.orning with my father ; I saw them at play; my father
was in the room when I carried the pen and ink; he
;was sitting near the prisoner ; the prisoner went out!
during the morning ; he said he wanted to call at some
house where he lett an umbrella the preceding evening
he was not int..xicated, nor was he tipsy when he de.
sired me to go to the bank.
Mr. Raw.ing was recalled, at the request of Mr.
COLERIDGE, and to a question put by the Court, as to
the state in which Franks was when he came to the
bank on the SJ, replied, he appeared as sober as any
person that came to the batik for the day.
John Tcotel is parish chock of St. Thomas's. Has
been so seven years last November. Knows Mrs. Cat..
lendar. Married a daughter of her's. Has been in the
}talk of transacting her business with the Exeter bank,
but never went to • the City bank—for her. Knows W.
Fiank , the prisoner. His name is William. The pri.