Star.
London, England, 1818-12-15 00:00:00

I did not under-

did. put my name to a papa' ;
10a01 What it
Mr. Baron Woon..—De yen confess yourselfg
of having in your possession a forged-note, know
it to be forged?—Prisoner.--I did not ham it to ,
forged.
Mr. Baron Woos.—Then ron ought not to have
pleaded guilty.--Prisoner.—l would plead so again.
Mr. Baron Woon.—To the whole charge ?—Pri-
soner.-1 did not know it to be forged.
Mr. Baron Woon.—Withdraw your plea then.—
Prisoner,' will not withdraw my plea, but will lay
myself entirely upon the mercy of the Court.
Mr. Brown.—ln consequence of a letter which I
received from the Bank-Solicitor, I stated the case to
them as clearly and as well as I was able. It is en-
tirely their own act.
Mr. Serjeant Boa/Lytton re uested that the letter
alluded to by Mr. Brown might be produced. He
wished every thing to be seen.
Mr. Baron Woon.—Where is that letter?—Mr.
Brown said he had it in his possession, and that he
would immediately produce it. He then left the
Court and returned with the letter, which he handed
to the Bench.
The letter was then read by Mr. StUriaoii, the
Clerk of the Arraigns, and is as follows :
" New Bank-buildings, Nov. 30. later

" Sts--411 the prisoners in your custody, charged with bee-
ts feloniously uttered forged Bank-notes, against whom true
bills may be returned by the Grand Jury, will be arraigned at
the Old Bailey on Monday morning, the 14th of December.
" Two bills of indictment, the one for the Capital offence, and
the otker for the transportable felony, will be preferred against
e.' di of the Rrisoners, except/An Pus, and Irilliatn
Csnner, against whom indictments for the capital (Arent,: only
will be preferred. " Your obedient servant,
" A. Brown, ,Esq." * J. Roorso.
Mr. Brown.—This is the letter I received, and I
explained the nature of the case as clearly to them as
I was able.
Mr. Serjeant BOSANQUET.—WiII your Lordship be
kind enough to ask Mr. Brown whether he bad re-
ceived any other communication from the Bank, or
elsewhere, and whether he had any authority to per-
suade them into this act?
Mr. Baron Woon.—Well, Mr. Brown, did you re-
ceive any other communication?—Mr. Brown.—l
never dRI. The only letter I received on the subject
I have produced. I repeat that I never used the least
persuasion with the prisoners. It is entirely their
13W11 act.
Mr. Baron Vkrooo.—Prisor.er, do you understand
what you are about ? Do you know that there are
tv:o indictments against you; the one for disposing of
and putting away a forged Bank-note, knowing it to
be forged, which is a capital offence ; and the other,
for having in your possession, without-lawful excuse,
a forged note, knowing it to be forged, which latter
ofFence only sub:,ects you to transportation? You have
pleaded guilty to the minor offence of having the
core in your possession, subjecting you to fourteen
years traosportatioe ? Do you wish to withdraw
}roar plea?—Prisoner.—No, I do not.
Mr. Baron WOOD.—You plead guilty then ?—Pri-
soner.—Yes, I do.
• Mr. Baron WOOD.—You know the note to be a
forgery?—Prisoner.—l did n t know it to be forged.
• Mr. Buren WOOO,-..Wi1l you then take your trial ?
—;-Prisoner.—No, I won't.
4dr. Baron Woon.—Would you rather be trans-
pbrted for fourteen years than go through your trial?
—Prisoncr.—Yes, I would.
Mr. Baron Woon.—Do not let it go forth to the
public that the prisoner does not understand what is
said to him. I will repeat my quc,tion, " Will you
abide by the plea of Guilty r—i'risoner7—l will.
• Mr. SHELTON, the Clerk of the Arraigns, then read
the indictment, charging the prisOner with having
uttered the Bank-note, knowing it to be forged.
M.. Seijeant IIosAN:WET informed the Jury that
Le should not offer any evidence against tlie prisoner
id this case.

Mr. Baron Woon.—No evidence being offered,
Ceutlemen, you will of course acquit the p;isoner
Lis in the capital charge.
The Jury found a verdict, No Guilty, immediately.
William Jones was next put to the bar.
Mr. talon Woon.--Prisoner, you have signed this
pclit;on which has been presented to the Cont, and
you desire to withdraw your plea of Not Guilty to
the lesser offence, and to take your trial upon both
' the indictments ?—Prisoner—l do.
Mr. Scrjeant 130.3 A sQuer.—The prisoner ha• ing
made this application, I think it right to state, on
the part of those by whom I am employed, that the
prosecutors have no wish upon the subject, excepting
that nothing shall be done under a mistake, and
that, above all, public justice may be administered.
They are ready to acquiesce in any course the Court
may think fit to pursue.
Mr. Barou Woon—As they have petitioned the
Court, I think it is but fair that they should be
allowed to take their trial. They must, of course,
abide,tbe consequences.
Mr.Serjeant BOSANQUET.—The prisoners have not
been all called upon. I think, my Lord, it would be
more convenient if that course were taken ; but I
art willing to do whatever the Court thinks proper.
Prisoner.—Do I understand that if I am discharged
of the capital offence, that I am still to be subject to
be transported for fourteen years ?
Mr. Baron WooD.—lf you are found guilty of the
capital charge you must abide the consequences.
Mr. Brown,—The prisoner means, if he should
be acquitted on one indictment, is he to be tried on
the other?—Mr. Baron WOOD—No.
Prisoner.—l was persuaded to sign the Petition.
Mr. Baron Wooo.—Who persuaded you ?

Prisoner.—Mr. Brown persuaded me.
Mr. Brown.—lt iK false ; it is utterly without foun-
dation, and I can prove it to be so by evidence.
Mr. Baron Woon.—l believe it to be false.
Mr. Brown.—l have evidence, my Lord, to dis-
prove the assertion.
The RICORDIR, who was on the Bench, observed,'
that the prisoner now at the bar applied to him on
}Tidal' to be allowed to plead guilty to the minor
ofence.

Mr. Serjeant BOSANQUET requested that the pri-
soners might be separately called upon to know if
they des;red to retract their plea.
Mr. Stratton then read the Indictment against the
prisoner, charging him with having uttered a forged
Bank-note, he knowing it to be forged.
•Mr. SAiLTON asked-dm prisoner—Are you desirous

to retract your pies of not goat,' to the offence
—Prisoner.—Yes, ram.
Mr. Suavrow,,ive you guilty or not guilty?
Prisoner.-Not The Jury were: en sworn.
Mr. Serjeant BOWSCOMT then observed to them,
that he did not to adduce any evidence on
the capital charge: `lilac prisoner was therefore ac-
quitted on this charge.
The indictment was then read by the Clerk of the
Arraigns, charging the prisoner with having a forged
Bank. note in his possession, knowingly and without
lawful excuse, he knowing it to be forged.
Mr. Serjeant Bosom:amp, in stating the circum-
stances of the case to the Jury, observed that for
nearly a century forgery had been made a capital
offence, punishable with death, and some few years
since it was deemed expedient, in the wisdom of the
Legislature (in the 41st of his present Ma)jesty), to
make it a transportable offence to persons who should
be found guilty of having forged notes in their pos-
session, knowing them to be so. He was anxious, in
consequence of what had transpired on a former oc-
casion, that no mistake or misunderstanding should
go forth to the world ; for it had been said, that in
consequence of the acquittal of certain individuals,
the Bank had acknowledged they were in error, and
had given up future prosecutions—such, however,
was not the fact ; for the Bank had not abandoned
Any-prosecutions except twci, which cases entirely
rested upon the same evidence as that upon which
the Jury acquitted two persons charged with the ca-
pital offence; and he, representing the Bank, and
not wishing r..-) insult the understanding of the Jury,
or occupy the time of the Court unnecessarily, Sid
not wish to go through the evidence again as to the
two individuals alluded to, without confirmation or
proof in support of the charge. Ile was also anxious
to offer a word or tw6 with regard to the three un-
fortunate persons now awaiting the sentence of the
law: the same course that had been adopted in other
cases was adopted with respect to them. After due
and deliberate consideration, they were selected as
three against whom it was considered expedient to
form an indictment upon the capital charge, and
upon the capital only not as in those cases whets
they were allowed to plead guilty to the minor ot-
fence, and in which cases two indictments had'always
been presented. ,In the present case, theprisoner
would not be expoieci to greater danger than trans-
portation his life would not be affected, and even
upon that, if the Jury should not be perfectly satis-
fied with the evidence, why then (observed the Learn-
ed Serjenat) let the prisoner go free. If, in applying
to the Court to grant prisoners permission to plead
guilty to the minor offence, the Dank had erred, the
error was on the side of mercy to the prisoner, for the
proof on the minor indictment was the same which'
wssuld convict on the larger crime, and he contended
that the certainty of the punishment for the minor
offence was no ineffectual way to repress the ctimi-
nality to which it was applied.

The following evidence was then called for the
prosecution :
William Hankes, son of Robert Hankes, a hatter,
in Ilolborn, recollects prisoner -coming to the shop
on Thursday, the 19th of November, between seven
and eight in the evening, for a low priced hat, for'
which he agreed to pay 9s. and tendered a Cl Bank
note. Witness suspected the note, and asked his
name and address, and he wrote George Cloy, Eagle-
street ; witness being then shewn the note, identified
it. His father came into the shop, an,' asked for pen
and ink to write prisoner's address, v:lien prisoner
said, he had already written it ;
.asked him what
w numbe: it aw s, and he replied it as 15. Wi:ness
was then ask:d to go there, and the prisoner said he
would gb with him, but his father refused, and said
he would detain him till witness returned. No such
person was known in 15, Eagle-street. Prisoner was
in the shop when witness came hack, and he was
then taken to the watch-house.
Robert Hankes, father to the last witness, was
called into the shop on, the 19th November last, in
the evening, by his daughter, and went between the
prisoner and the door. Asked the prisoner for his
address, when he said he had given it on the note.-z-
There were two indorsements on the note. While his
son v ent to No. 15, Eagle street, prisoner was re-
tained in the shop, as witness said to him, " this is a
forged note, and you shall stop till my son returns."
On this the prisoner said he did not see that witness
had a right to detain him even if he had a forged
note. Witness replied, " that may he so, but I shall
do it till my son returns, for if such a person lives
there it may be all right." Prisoner said, that if wit-
ness would go A's ith him he would shew him where
he took the note, but witness refused to go. After
half a minute in silence, prisoner said, " You shall
not detain me. for I shall go:' Witness told him he
should not, when at last he attempted to go out,
and witness took him by the collar to prevent him.
Prisoner forced his way to the pavement, and there
he began fighting as fast as he could, when witness
let go his hold to defend himself, and knocked him
down IR the kennel. As he endeavoured to rise, wit,
ness tried again to seite him, but he ran off; he ran
after him, and called out " Stop thief!" and in two
or three hundred yards he was thrown down by a
watchman at Chancery-lane, when witness collared
him and took him back to his shop, and sent flit- a
constable. His son then came in, and said no person
of that name lived in Eagle-stir et. Being shewn
Idle note, he identified it as the on tendered by the
prisoner.
Anne Gregg, wife of William Gregg, lives in 15,
Eagle-street, Holborn; prisoner never lived there,
and she never saw him before in her life.
Daniel Banning, watchman, proved that he stopped
the prisoner, and assisted Mr. Hankes in taking him
back to the shop. There were several spots of blood
on Mr. Hankes 's face, and particularly on his hand-
kerchief.

Samuel Furzeman, constable, sow the prisoner after
being brought to the watch-house. Asked him from
whom he had got the note! but prisoner said it was
of no use, and he would not tell him, as he would
not bring four or five more into it. Asked why he
gave a false address ? and he then cried, and said he
knew it was a bad one, and he knew he should go
for life.—Charles Ball, milkman, corroborated the
last witness.

When Mr. Baron Woos asked the prisoner whether-
he had any questions to put to Mr. *11? he replied
that the witness had called himself a milkman, but
he was nothing more than a eadda toPtusesinus,