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which is in my brief, and I hope that the witnesses will come up to, the other part will fall to the ground. If he came fairly by it, he cannot be said, knowing it to be forged, to publish it. We shall call our witnesses, and submit it to your lordship.

The indictment my lord, runs, that he, vi et armis, viz. verbis et figuris sequentibus,' forged this note. Now, my lord, it is not pretended that he forged the name of Mr. Gibson; and therefore, though I do not controvert that he that writes over my name is guilty of forg ing the whole note, yet not verbis et figuris 'sequentibus; that is, forging the whole note. Therefore being charged herewith, and they admitting that he did write the name Thomas Gibson

Just. Page. Is the name in the indictment? Serj. Baynes. Yes, my lord.

Just. Page. Now Thomas Gibson is agreed to be the hand of Mr. Gibson, but not to that

note.

Serj. Baynes. No, my lord, I admitted that, in stating the objection. I said, that he that writes over my name is guilty of forging such a note, but not in verbis et figuris sequenti• bus ;' he is not guilty of forging the name of Thomas Gibson. They have taken upon them to fix that this note was verbis et figuris se'quentibus; then after the body of the note followeth Thomas Gibson. Now, my lord, we apprehend this is not forged. Though the substance of the note is not Mr. Gibson's handwriting; yet they own, on the other hand, that the name is the hand-writing of Mr. Gibson, If so, it appears very plainly, that we have not forged this note verbis et figuris sequentibus.' Just. Page. Brother, do you rely upon this objection? If you do, I will give you my opinion of it when the whole is finished.

Mr. Grainger called and sworn.

Serj. Darnell. Sir, are you acquainted with Mr. William Hales?

Grainger. I am not personally acquainted with him, though I have known him by sight many years. I know nothing at all of his dealings.

Serj. Darnell. Do you know Mr. Samuel Palmer? Do you know his dealings?

Grain. Yes, Sir, as to Mr. Palmer, I knew him from a child. I married his mother. He was brought up at the East India house, was sent by the East India company into Persia, and lived there many years. Not having the encouragement that he expected, he returned thence, but stayed in Turkey.

Just. Page. Were you there with him? After he came home, what did you know of him?

Grainger. As he came home through Turkey

Just. Page. You cannot say that upon oath, since you were not there with him. Did you know him here at London after his return? What did be deal in?

Grainger. I know not of any dealings he had in England.

Just. Page. Do you know of any transaction between him and Mr. Hales?

Grainger. He told me

Just. Page. That is nothing. What substance was he of?

Grainger. He had no substance at all, for he was an insolvent man.

Just. Page. How long since he was London?

Grainger. Within a twelvemonth.

Thomas Ayles, esq. called and sworn.

Serj. Baynes. You are desired, Sir, to give an account, whether you know the defendant Mr. Hales, how many years you have known him, and what is your opinion of him?

Ayles. I have known him twenty-three years and upwards, when partner with sir Stephen Evance, with whom I kept a considerable cash all that time: I received a great many civilities from Mr. Hales upon several occasions, for which I have always had a good opinion of him.

Serj. Baynes. What opinion had you of his character?

Ayles. I took him to be of as good a cha racter as any.

Serj. Baynes. Do you know of any considerable sums passing through his hands, during these years that you have known him ? Ayles. Not any since his failure.

Mr. Lacy. I beg a word of the same side with the other gentlemen. As to the exception they have made, it will not be contended (I believe) but that they might have laid it otherwise. They might have made it a forgery of the note, though they had set it forth otherwise. Our objection is, Whether "verbis et figuris sequentibus" doth not tie it down to the second part of the note as well as the rest? Another thing is this; they have given an account of the publication at London in Mr. Hoare's shop; whether should not the forgery be fixed in London too?

Just. Page. If a forged note be published in two counties, may not the prosecutors lay it in which they will? And the indictment too is in London, if that were any objection.

Mr. Lacy. Should not the forgery be local as well as the publication?

Just. Page. Yes. If that very act of forgery had been in Middlesex, it ought to have been tried there: But where there is no positive and direct proof of the forgery, but the whole arises from circumstances, some in London, and some in Middlesex, it may be laid in either; or it would be impossible that any artful person should be convicted of forgery; it is but being alone when he commits the fact, and he is safe. And the objection will be as strong in one county as in another; and then, if your doctrine be true, he can be tried no where, which sure is not so. You know a felony may be tried in any county where the goods are

found on the prisoner. As to your other objection, that the indictment is for forging the whole note, whereas Tho. Gibson is Mr. Gibson's own hand-writing; that is extraordinary. Did Mr. Gibson put his name to that bill? No. Suppose, in a less degree, Mr. Gibson had given his note for a less sum, and Mr. Hales had only made it for a greater, would not that have been a forgery of the whole bill? You know it is so of a bond, bank, or other bill, in every day's common experience.

Att. Gen. My lord, this was the same case with Mr. Ward's. There it was adjudged, that Mr. Ward forged a note of the duke of Buckingham's in that form. There was no pretence but that it was (as originally) the duke of Buckingham's note. This objection was then made, but it was over-ruled, That the altering a material part was making it entirely another bill.

Serj. Darnell. My lord, we have done with our Defence.

Sol. Gen. My lord, as their defence hath given us no further occasion, we shall not take up your lordship's time with any reply.

Just. Page. Gentlemen of the Jury, the prisoner at the bar is indicted for forging a note of Mr. Gibson's of 6,4001. and also for publishing this note, knowing it to be forged; upon which two things are proper for your consideration: First, gentlemen, by whom this note was forged, (for it is agreed to be a forged note) whether by the prisoner, or if he was privy to, or concerned in it? And secondly, Whether he is guilty of the publication of it knowing it to be forged? There have been a great number of witnesses examined; and I should have gone over the whole evidence as it was given, but the counsel for the prisoner have eased me of that trouble. Forgery is what concerns every Englishman: As papercredit is come to that height it is now in, the utmost care ought to be taken to preserve that credit: but still the innocent must not suffer. As to this note's being forged, which hath taken up the most part of the very long time this cause hath been trying, the counsel for the prisoner all agree that it is a forged note; and then it will be to no purpose to sum up that part of the evidence to you. I shall therefore take notice only of such parts as go to prove Mr. Hales himself guilty of this forgery, or of his publication of it knowing it to be forged.

The two first witnesses were Philip and Robert Booth, which may be proper to be taken notice of by and bye.

The third witness was Rumsey, who hath gone through this whole matter, and whose credit hath been supported by others of unquestionable reputation in every material circumstance. He tells you, he was no dealer ⚫ in this kind of business, but a perfect stranger to it, bred up to the sea: that he hath been acquainted with the prisoner for about a year, and from June, till the time this fact was committed, was very much with him. This

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note, which was read and shewn to you, bears date the 7th of September last; and the whole management was carried on till the 9th. He saith, that on the 7th of September, which was Saturday, he was at Mr. Hales's, not then knowing that he was to dip his finger for him in so vile a thing. He says, Mr. Hales only then told him, that he must go into the city with him on some business; and that his dress, which was a red waistcoat and breeches, were not proper to appear in, in the affair he had to employ him in; and that he had provided him another (the same which Rumsey has now on). That he was not thought disguised enough, but was in this new dress carried to Holborn, and there had a black peruke bought for him, and a letter-case with papers put in, as a man of business; from whence, after he was equipped in this disguise, he and the prisoner went together to John's coffeehouse in Shire-lane.

You will observe, gentlemen, Mr. Hales, as Rumsey swears, did not then discover to him what he was to do; but it was to come out as by accident, which was thus: soon after they came to the coffee-house, à porter with a letter directed to Rumsey, came there, which Mr. Hales immediately took from the porter and opened; which then appeared to be a cover with this note in it, and nothing writ on the cover but, Lady Harriot Elliot 4,300l. Sir John Hynde Cotton 2,100. This, Rumsey says, he did not understand; nor did the prisoner give him leave to open the letter, knowing (as Rumsey says) he was unacquainted with the contents of it. But when Mr. Hales had opened the letter, he explained to him what the two names and figures meant, and then told him, he would have him go to Mess. Snow and Poltock's with this note, and get of them two bills, one for lady Harriot Elliott for 4,300l. the other for sir John Hynde Cotton for 2,100l. and told him, that Mr. Snow's shop was a little without Temple-bar, and did not so much as trust Rumsey out of his sight, but went with him over-against the door. Rumsey goes in, where was Mr. Poltock. The first thing Mr. Rumsey does is to produce a Bank-note of 40l. and 10l. in money, and to take his note for 501. and then produces the note for 6,400l. But Mr. Poltock being a very careful man, and being now called, says, he made much the same observations that I believe you have all made on view of it. He says, it was an odd sort of a bill; that he never had any of Mr. Gibson's bills but of his own hand-writing; and that this was writ on so scanty a piece of paper, that he would not meddle with it.

When Rumsey came out of the shop, he says he found Mr. Hales over against the door, where he left him, and tells him what ill success he had had, and gives him back the note: whereupon the prisoner and Rumsey go back to the coffee-house, and there the prisoner said, he must try elsewhere, and named Mr. Hoare's. And to give Rumsey credit there,

he was first to pay in at Hoare's 70%. that is, Mr. Poltock's note for 501. and 20%. in money, and to take Hoare's bill for 70l. which was done: that it was then scarce light; and every one knowing Mr. Gibson's very great credit, Mr. Turner, who was then in the shop, without observing much this note, takes it, and gives Rumsey two others. But Mr. Hales had then directed Rumsey not to take the 4,300l. note to lady Harriott Elliott, but to sir Richard Grosvenor or bearer, and the 2,1007. note to sir John Hynde Cotton or bearer; and that Turner confirms. And Rumsey swears, that the prisoner also shewed him Mr. Hoare's shop, and went with him almost to the door. When Rumsey had succeeded at Mr. Hoare's, be says, he found the prisoner waiting at a fruit-stall, a small distance from the shop; and there be gave the prisoner the 707. note, and the notes he had received in exchange for Mr. Gibson's. Rumsey swears, he was to get nothing, and that the prisoner had the whole profit. But this would not do the prisoner's business, nor did he rest here. The next thing therefore is to make the best of these notes, and to manage matters so as not to be traced or found out; in which, gen. tlemen, it was certainly right that the notes should be shifted and changed, divided and subdivided, as much as possible, that no track of them might be seen: and for this, Rumsey says, that he accordingly did go with these notes by the prisoner's direction, from one goldsmith to another; first with the 4,300l. note to Mr. Woodward's, who would not meddle with it; thence to Mr. Brassey's, where he changed it for four bills, which he gave to Mr. Hales, who waited for him at a coffee-house.

The notes Rumsey received at Mr. Brassey's the goldsmith's, in exchange for Mr. Hoare's note of 4,300l. were four, viz. one for 1,2004. one for 1,100. and two for 1,000l. each, all made payable to one Samuel Palmer, in whose name Rumsey was instructed by Hales to take these notes, and was himself directed by the prisoner to go by the name of Fowler, which he did; and the prisoner was so watchful, that he waited about Mr. Brassey's shop during all the time Rumsey was there.

Rumsey says, that he went and lay at Mr. Hales's that and the next night; and Mr. Hales bid him be ready on Monday morning io that dress he had then put on: and accord ingly on Monday morning he went with him to Janeway's coffee-house, where it was fixed how he should dispose of these notes, and was directed by the prisoner to go to Mr. Alderman Hankey's to make other alterations, and then to the broker's for the bonds he had bespoke, who told him he had only got 1,000l. worth, which Rumsey says he had, and af terwards, on his going again, had more.

Gentlemen, I have laid [this] before you, not for your consideration whether Mr. Gibson's note was forged, for that is admitted; but how far

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Mr. Hales has been concerned an actor in this affair; and to put you in mind (if Rumsey swears true) that he was only the cat's claw, and a mere tool for Hales, and that Hales contrived and ordered every thing.

When all this was so successfully carried through, the prisoner sends Rumsey to the Bank for money, where the matter comes to be discovered in this manner.

Mr. Humphreys swears, that he being Mr. Hoare's out-going clerk to carry bills abroad and receive money, on Monday morning he went to Mr. Gibson's with this note for 6,400%. Mr. Gibson, he says, was gone to Bath; and it is remarkable that the note is dated on a day when he transacted no business, and it was not published till he was gone to Bath, Mr. Humphreys says, that he not meeting with Mr. Gibson's cashier, desired the money should be paid into the Bank, and left the note for that purpose. When Mr. Gibson's cashier, Mr. Phillips, came home, he says he had the bill, and looking upon it, saw great reason to suspect it, and thought it not probable Mr. Gibson should draw a bill as that was. He saith, that in all his time he never knew Mr. Gibson sign such a note, nor any note for money, but of his own hand-writing. The size of the paper also, he says, confirmed his suspicion. And sure, gentlemen, paper must be very dear, that a note for such a sum should be wrote on so scanty a piece as you have produced. But the cashier further says, that looking on the note, he found there was a manifest alteration in the writing; Thomas Gibson was Mr. Gibson's hand, but a rasure appeared above it, and the letter o in the word For' to be intruded in it, and wrote with another ink. You have all seen the note, and to me it seems very plain, that the letter o was not originally written in that place. And to give you at least a very probable account, that this word was at first Free' and not 'for' and done by Mr. Hales himself, the first witness (Mr. Philip Booth) you will remember swears, that the prisoner some time ago prevailed on him to get of Mr. Gibson two franks on two letters of Mr. Hales, directed to Robert Booth, esq. of Bristol,; and says, that the foldings of those letters were large enough to tear off the piece produced. And Robert Booth, esq. of Bristol, says, there is no other of that name there, and that he never received any letter franked by Mr. Gibson. And as things of this kind are generally made out by circumstances, it seems no very hard thing to erase the two e's, and put the o between the F and r, in such a manner as this has been shewn to you. Gentlemen, Mr. Humphreys goes further, and says, that going to the Bank about noon that day, he found that! Mr. Gibson's people had not paid in this sum at which he says he was pretty much surprized, knowing Mr. Gibson's credit and the carefulness of his people; and went again to Mr. Gibson's to know what the reason was; where hø was informed of the discovery, which came out thus. Mr. Hoare's two notes having been

shifted and changed about, as you have heard, some part of the money was at last in Bankbills, and there Rumsey that Monday morning receives 650l. on account of those bills, before the fraud was discovered. But from what appeared at Mr. Gibson's, and the Bank numbers of the bills delivered being entered, care was taken to examine the receipt book, to see who came for any more money on those bills. And Mr. Maddox tells you, that he having notice given him, ordered the clerk that paid, when any body came with those bills, to seem ready to pay the money, but to delay it till a constable could be fetched: that soon after Rumsey came again, when a constable was fetched, and charged with Rumsey. He at first declined to give any account of his name, or where he had the note; at length he told Mr. Maddox, that if they would let him write a letter, he would send it to the person he had the note from; and accordingly writes a letter to Mr. (with a blank) at Robin's coffee-house, with which the constable, with some of the clerks of 'the Bank, went immediately to see who was there, and found three persons besides Mr. Hales. The three were neighbours whom the coffee-man knew: Mr. Hales was a stranger to him, but known to the officers of the Bank. When he was seized, Mr. Rumsey was examined again, and owned that that was the very person who sent him with the bill. Upon this Hales was carried up stairs, examined and searched; and not only one of those bills that had been received found upon him, but also an account under Mr. Hales's own hand, that exactly tallied with the account Rumsey gave. And Mr. Maddox says, the prisoner owned the account to be his; and the notes, bonds, broker's account of the bonds bought, and effects found upon him, to be the very produce of the 6,400. So that, gentlemen, you will now take it into your consideration, that the evidence against the prisoner doth not depend singly on the credit of Rumsey, but that he is supported by the number of witnesses you have had, and, in particular by Mr. Maddox, and (which cannot err) the account and produce of the money taken upon him.

Thus, gentlemen, the forgery being admitted, I have laid before you that part of the evidence that principally affects Mr. Hales, and that goes to prove him either guilty of the forgery, or of the publishing of this note, knowing it to be forged. As to the forgery, gentlemen, of this note, by Mr. Hales, I must leave it to you upon the strength of this evidence, which has been very long, and (I doubt not) fully observed by you; and that you will give it its just weight. But as to his publishing it knowing it to be forged, he hath not given you the least colour of evidence to the contrary; and I must tell you, wherever a forged note, or other thing of that nature, is found in any one's hands, it is in law a strong evidence that he is the forger, unless he can give some account of it. But here you are only told, that he had it from Palmer but not one word of proof. Mr. Hales's coun

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sel have indeed offered to you in his defence, first, that he is a gentleman, and shall not be presumed to be guilty of such an offence; nor, gentlemen, shall any other on a bare presumption. But here, gentlemen, is great strength of evidence that affects him; I do not know that I have met with a stronger proof of the very fact; it is not to be expected. They have also told you, that he was a bankrupt, and could not get a certificate; that the commission of bankruptcy against him was about twenty years ago. They say, that upon that account he was forced to make use of other names in his dealings, and sometimes fictitious ones: that he hath traded for upwards of 300,000l. in that time: that Palmer was much employed by him, and entrusted in the carrying on that trade, and being thereby indebted to Mr. Hales in above 7,000l. gave him this note in part of payment; which, as to his trading in that manner, I think, is so far from justifying his character, that it is of itself a crime not much less than that with which he stands charged. A man that is a bankrupt, if he afterwards becomes able, ought in honour and conscience to pay his just debts. It is not the first time I have known that done: general Wood was a draper, failed, and paid very little; he went into the army for bread, and proved so gallant a man, that he raised himself to be a general. He, like a good Christian, and a man that did as he would be done by, paid his debts to the full; which if the prisoner had done, it would have given him a much better character. Gentlemen, his counsel have told you he carried on a vast trade for twenty years; but do they tell you that his creditors were the better for it, or were ever paid one penny? No, gentlemen, they did not; and therefore I must leave it to you, whether this was not one continued act of fraud to cheat his creditors; if so, it will affect the prisoner quite another way than his counsel intended it. And though two or three witnesses were called to give evidence of the dealings between Mr. Hales and Mr. Palmer, there was not one thing proved: so that, gentlemen, there seems very little for you to consider. You have a number of concurrent witnesses, that have given you a full and clear account of this whole transaction; that this was contrived, managed, and carried on by the prisoner in a very extraordinary manner, and which there was not, nor could be any reason for, but to avoid being detected of the vile crime he is now charged with; nor can there be any doubt but the whole produce of this note was for his benefit, the account, bonds, and bills, having been found in his pocket.

I must leave it to you, gentlemen: but never was stronger evidence than bere is, that Mr. Hales is the author of this. So that I think, gentlemen, if you believe the evidence, the charge, one way or other, is fully brought to the prisoner's door. If you believe him guilty of the forgery, you will then find him guilty ge|nerally of the whole indictment: but if you are not satisfied of that, you will only find him

guilty of the other part of the indictment; or, if you can upon this evidence, you may acquit him.

The Jury being withdrawn, after a few minutes stay, brought the prisoner in Guilty of forging the note, and of publishing the same, knowing it to be forged.

The prisoner was a second time indicted upon the statute of 33 H. 8, c. 1, for obtaining money by false tokens. To which indictment the defendant pleaded Not Guilty; and the same evidence, ì substance, being offered as

upon the former indictment, the jury brought him in Guilty.

It is stated in the former edition, that this full report, taken in short-hand by order of Mr. Gibson, was not obtained in time for insertion near to the other Cases respecting Hales, in which part of the work was therefore substituted a short account of the trial taken from the Session Paper. This full report being now given in its proper place, the abridgement from the Session Paper is omitted. In that abridgement the trial is stated to have been on De. cember 9th, 1728.

472. The Trial of Mr. WILLIAM HALES, at the Sessions-House in the Old-Bailey, before the Lord Chief-Baron Pengelly, Mr. Justice Reynolds (afterwards Lord Chief-Baron), Sir William Thompson (afterwards Baron), Serjeant Raby, and several of his Majesty's Justices, for Misdemeanors, in forging several Notes and Indorsements in the Name of Samuel Edwards, esq. and publishing the same, knowing them to be forged:* 3 GEORGE II. A. D. 1729.

January 20, 1729.

Cl. of Arr. OYEZ. All manner of pergons that have any thing to do at the sessions of Oyer and Terminer, held for the city of London and county of Middlesex, draw near, and give your attendance.

Oyez. You good men of the city of London, summoned to appear here this day, upon the Trial between our sovereign lord the king and William Hales, answer to your names, as called upon, &c.-James Filmer, Samuel Craniner, Richard Knollys, William Howard, Henry Rogers, Abraham Fowler, Robert Knaplock, Robert Kendal, John Hearne, Thomas Swaine, Thomas Court, Ralph Knox, Thomas Ford, Cornelius Mason, John Pote, Richard Chauncy, James Coulter, Henry Spragg, Joseph Jackson, Henry Ashhurst, John Sellidge, William Selwyn, Samuel Craighead, Frederick Staunton, Hoskyns, John Jeukyns, Nicholas Beresfield, Edward Tay, Peter

Crouch.

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Clerk. Oyez. If any man can inform our king's attorney, the king's serjeants, in this sovereign lord the king, the king's justices, the William Hales, let him now come forth. cause between our sovereign lord the king and

Attorney General. (Sir Philip Yorke, afterwards earl of Hardwicke). My lord, we desire that those that were summoned on the jury, who happened not to be sworn, should stay, lest when Mr. Kinnersley is arraigned there should be a defect of jurymen.

It was ordered accordingly by the Court.

William Hales stands indicted, by the name of
Clerk of Arraigns. Gentlemen of the jury,
William Hales, late of London, goldsmith, for
that he being a person of evil fame and conver
sation, and endeavouring Samuel Edwards, esq.
and divers others willingly to defraud, on the
1st of June, in the parish of
his custody a certain note, bearing date May
17, 1728, by which note it was supposed, that
Mr. Robert Hales+ did promise to pay unto

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+ This Robert Hales, esq. Jan. 27, 1728-9, was tried at the King's-bench bar, Westminster, by a special jury of the county of Middlesex, of which sir George Walters, knt. was foreman, on an indictment for a misdemeanor, for that the said Robert Hales, esq. would have defrauded Samuel Edwards, esq. of 8001. by means of a note, drawn by the said Robert Hales, esq. for 800l. payable to Samuel Edwards, esq. or order. The paper; on which the said Note was drawn, having the name of the said Samuel Edwards on the back thereof, P

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