is finding the defendant guilty of putting the said three ducats into the prosecutor's pocket, with a most malicious, wicked, and cruel intention, falsely to charge and accuse, and cause to be believed, that the prosecutor had robbed the said defendant of the said three ducats: whereas the deponent, and the rest of the jury, did not find the same was done with such intent, or any ill intent whatsoever.-The deponent saith, when the jury came into court to give their verdict, there was such a crowd and noise, that the deponent could not bear distinctly what the judge, who tried the cause, said to them.-The deponent saith, be did not. understand the nature of the third count of the said indictment, which the deponent could not, for the reason aforesaid, hear the judge explain.

9, 10. Peter Godfrey, of Woodford, and Samuel Ruggles, of Bocking, in the county of Essex, esquires, severally make oath, that they severally served on the jury at the trial of this cause, the last assizes, &c. and say, that these deponents, on the evidence given them on the said trial, were of opinion, that the defendant did put three ducats into the prosecutor's pocket, but the same was not done with intent to charge the prosecutor with robbery, or felony, or any other offence, or any evil intent. The deponents say, the jury did agree to give their verdict, that the defendant was guilty of putting the said three ducats into the prosecutor's pocket, by reason it was sworn to that effect. The deponents apprehended, that they, and the rest of the jury, had given such verdict: but the deponents have been informed, that the verdict of the jury, as is recorded, finds the defendant guilty on the third count in the indictment, which, the deponents are also informed, is finding the defendant guilty of putting the said three ducats into the pro-and John Olmius, esquires, two other of the secutor's pocket, with a most malicious, wicked, and cruel intention, falsely to charge, and cause it to be believed, that the prosecutor had robbed the defendant of the said three ducats: whereas, when these deponents, and the rest of the jury came into court, there was such a crowd and noise, that the deponents could not hear distinctly what the judge, who tried the cause, said or explained to them. Say, that they did not understand the nature of the third count of the said indictment, for the reasons aforesaid; the deponents say, that the verdict, as it 10w stands, is contrary to the intent and meanug of these deponents. This deponent, Peter Godfrey, for himself, saith, he could not rest satisfied with such verdict; therefore this deponent did, together with John Olmius and Poulton Allen, esquires, two others of the jurors, wait on the judge who tried the cause, and explained to him what verdict they intended to find; and also acquaint him, that, by reason of the noise in the court, this deponent could not understand the judge's explanation of he said third count of the said indictment, or he nature thereof.

11. Poulton Allen, of Barking, in the county of Essex, esq. saith, that the deponent served in the jury at the trial of this cause, &c. That he deponent, on the evidence given to him on the said trial, was of opinion, that the defendant did put three ducats into the prosecutor's pocket; but the same was not done with intent to charge with robbery, or felony, or any other offence. The deponent saith, that the jury did agree to give a verdict, that the defendant was guilty of putting the said three ducats into the prosecutor's pocket, by reason it was sworn to that effect. The deponent apprehended, he and the rest of the jury had given such a verdict: but the deponent hath lately been informed, that the verdict, as is recorded, finds the defendant guilty on the third count in the indictment, which, the deponent is also informed, VOL. XIX.

The deponent saith, that the said verdict, as it stands, is contrary to the meaning of this deponent. The deponent saith, that he could not be satisfied with such verdict: therefore the deponent did, together with Peter Godfrey jurors, wait on the judge, who tried the cause, and explain to him what verdict they intended to find; and also acquaint him, that, by reason of the noise in the court, the deponent could not understand the judge's explanation of the said third count of the said indictment.

12. Henry Hall, of Hutton Hall, in the county of Essex, esq. saith, he served on the jury at the trial of this cause, the last assizes, &c. That the deponent, on the evidence to him given on the said trial, was of opinion, that the defendant did put three ducats into the prosecutor's pocket, but the same was not done with intent to charge the prosecutor with robbery, or felony, or any other offence, with any evil intent. The deponent saith, that the jury did agree, that the defendant was guilty of putting the said three ducats into the prosecutor's pocket, as sworn to that effect; which was the verdict intended to be given. The deponent apprehended, he and the rest of the jury had given such verdict; but the deponent hath been informed, that the verdict recorded finds the defendant guilty on the third count in the indictment, which, the deponent is also informed, is finding the defendant guilty of putting the said three ducats into the prosecutor's pocket, with a most malicious, wicked, and cruel intention, falsely to charge, accuse, and cause it to be believed, that the prosecutor had robbed the defendant of the said three ducats: whereas the deponent, and the rest of the jury, did not find the same was done with any such intent, or with any intent whatsoever.-The deponent saith, that the said verdict is contrary to the intent of this deponent.-The deponent saith, he could not rest satisfied with such verdict; and therefore he made this affidavit.

John Morley, of Halsted, Robert Clarke, of Little Baddow, Thomas Brograve, of Great Baddow, and John Godsalve, of Great Baddow, esqrs,-Sworn 23d of April, 1752, by

2 Y

Richard Rayment, commissioner, at their own houses.

John Olmius, of Boreham, and Daniel Stratton, of Bromfield, esqrs.—Sworn the same day, by the said commissioner, at the Saracen's Head inn, Chelmsford.

George Dodson, of Shenfield, and Henry Hall, of Hutton Hall, esqrs.-Sworn 22d of April, by Brown Chambers, commissioner, at their own houses.

Poulton Allen, of Barking, Peter Godfrey, of Woodford, and Samuel Ruggles, of Bock. ing, esqrs. Sworn 22d of April, before judge Wright.

John Hornby, of Ingatestone, esq.-Sworn 27th of April, in court.

An AFFIDAVIT tending to prove the Jury's due recording Henry Simons's Conviction in public Court.

Cornelius Norton, of Red-Lion-street, Clerkenwell, in the county of Middlesex, solicitor for the prosecutor in this cause, maketh oath, and saith, he was present in court when the jury, who tried this cause, publicly delivered their verdict: the deponent saith, the account thereof, and the whole transaction relating thereto, is hereafter impartially set forth, according to the best of the deponent's knowledge and belief.-First, the deponent saith, that about one of the clock of the next day, after this cause was tried, the jury, who tried the same, having assembled together, came into open court, and, having been called over, respectively answered to their names: they were asked by the associate, whether they did abide by the verdict they gave his lordship in private? To which the foreman of the jury, or one of them, answered, they did. Upon which the associate replied, then this is the verdict, you find the defendant guilty. By which this deponent understood, they found the defendant guilty generally on the indictment. For immediately thereon, the honourable Mr. Justice Foster, who tried the cause, got up, and told the jury, that he apprehended they could not find the defendant guilty of the whole indictment; for that the prosecufor had not given evidence to support the first and second count laid in the indictment: but he thought there was evidence to support the third count: and then the said Mr. Justice Foster took great care and pains to explain the difference between the several counts, and declared it as his opinion, that, if they found the defendant guilty of the said third count, they should acquit him of the rest.-Whereupon George Dodson, esq. who was one of the jury, declared himself to the Court, that they found the defendant guilty of no intent, or to that effect. To which the honourable judge replied, then you must acquit him; for it is the intent constitutes the offence, or to that purpose: and recommended it to the jury to go out, and re-consider of their verdict. In answer whereto one of the jury replied, My lord, we have considered it as much as we could consider it.

-The deponent saith, he believes that there-
upon the judge read, or ordered to be read, the
said third count; and asked the jury, if they
believed the witnesses? and some one or more
of them answering, they did; the judge said,
gentlemen, you must connect the whole eri-
dence together. Whereupon the jury ap
peared to the deponent to consider of what the
judge said to them; and in a short time, as the
deponent apprehends, brought the defendant in
guilty of the third count in the indictment, and
acquitted him as to the rest: and the verdict
recorded in that manner.-The deponent saith,
that, after the verdict so recorded, they were
desired to hearken to it: the associate said,
Gentlemen of the jury, you find the defendant
guilty of the third count in the indictment, and
acquit him of all the rest.—In answer to which,
they some one or more of them answered,
Yes; and withdrew from the bar seemingly
well satisfied.-Saith, he stood very near to the
jury, when they delivered their verdict, and
heard distinctly the whole that passed on that
occasion: and the deponent does not remem
ber, in his conscience, that there was a great
crowd or noise in the court at that time-
Saith, that the whole transaction above related
is impartially set forth, as the deponent be
lieves and that, if the deponent hath mad
any mistake therein, positively saith, it is
by design: and bumbly submits the tru
thereof to the honourable judge who tried th
said cause.
C. NORTON.
Sworn before Judge FOSTER.

These affidavits of the jury being obtained another application was made to the Court King's-bench; whereupon the Court w pleased to make a rule for Mr. Ashley to she cause, why a new trial should not be granted Which being spoke to by nine several counse who took up the Court several days it hearing, the Court was pleased to adjudge new trial.*

Accordingly a second trial came on for the same fact, at Chelmsford assizes, July! 1752, before Mr. Justice Dennison, by a Spe cial Jury, on the same indictment.

"Which (says J. Ashley) is the first pr cedent of the kind to any person who had be convicted of a criminal offence." See Ashley Case and Appeal, page 23. In the same pa he adds, "In the mean time, actions havi been brought (by Simons) against me (J. A.) the prosecutor, Isaac Hubbard the constab Richard Taylor and John Newman, on accou of altering the warrant, and thereby ignoran detaining the said Henry Simons in custo till the warrant was properly backed (by a J tice of peace for the county of Essex,) t cause was tried before the lord chief just Lee, at Guildhall, London, July 9, 175 when the jury gave a verdict for 2001. agai me, (J. A.) Richard Taylor, and John Ne man; and the costs were taxed at 701." Form Edition.

533. The Trial of TIMOTHY MURPHY,* for Felony and Forgery, on Saturday the 13th Day of January, before the Right Hon. Sir Crisp Gascoyne, knt. Lord-Mayor of the City of London, the Right Hon. the Lord Chief-Baron Parker, and others of his Majesty's Justices, &c. at Justice-Hall, in the Old-Bailey, for the City of London: 26 GEORGE II. A. D. 1753.

You, Timothy Murphy, the prisoner at the ar, hearken to what is said to you. These good men, who are now called, and do ere appear, are those that are to pass between ur sovereign lord the king and you, upon your life and death; if therefore you will challenge them, or any of them, you must chalenge them as they come to the book to be sworn, before they are sworn; and you shall be heard.

Cl. of Arr. Call Thomas Batten. (Who apDeared.)

Cl. of Arr. Crier, give the book to Mr. Batten.

You shall well and truly try, and true deliverance make, between our sovereign lord the king, and the prisoner at the bar, whom you shall have in charge, and true verdict give, according to your evidence: So help you God! In like manner the other eleven were sworn.

Jury. Yes.

Cl. of Arr. Make proclamation.

you

Crier. Oyez! Oyez! Oyez! If any of can inform my lords the king's justices, the king's serjeant, the king's attorney-general, or this inquest now to be taken, of the felony and forgery of which the prisoner at the bar stands indicted, let them come forth, and they shall be beard, for now the prisoner stauds at the bar upon his deliverance.

Cl. of Arr. Timothy Murphy, hold up thy hand. (Which he did.)

Gentlemen of the jury, look upon the prisoner, and hearken to his cause: he stands indicted by the name of Timothy Murphy, late of London, yeoman, for that he, after the 29th of June, 1729, to wit, on the 9th of February, in the 24th year of his present majesty's reign, with force and arms, at London, viz. in the parish of St. Benedict, near St. Paul's wharf, in the ward of Castle-Baynard, in London aforesaid, feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain Will and Testament, purporting to be the last Will and Testament of John Wilkinson: the tenor of which said Will and Testament is as follows, that is to say,

In the name of God, Amen. John Wil'kinson, late of the Princess Amelia, being of 'sound and disposing mind and memory, make this my last will and testament; first and 'principally commend my soul into the hands of the Almighty God, hoping for remission of all my sins, through the merits of Jesus Christ, my blessed Saviour and Redeemer, and my body to the earth or sea, as it shall 'please God; and as for such worldly estate and effects which I shall be possessed of, or 'tilted (meaning entitled) unto at the time of my decease, I give and bequeath the same followeth, that is to say, unto my loving friend John Daunt, of Lisbon, in the king'dom of Portugal, victualler, all such salary or 'salaries, prize-money, bounty-money, wages, 'tickets, short-allowance-money, smart-money, and all other sum or sums of money that 'shall be due to me at my decease: and I do hereby grant the said John Daunt, whole and sole executor of my last will and testa'ment, and I do hereby revoke and disannul 'other wills, at any time by me before made :

eutor; it becomes necessary for me to relate
facts of an earlier date than I should otherwise
have done, and circumstances I should have
wished not to mention: these will prepare you
for, what may arise in the course of the trial,
and enable you to understand what, I guess,
1
the learned gentlemen I see here on the other

and I do hereby nominate, constitute, and appoint the said John Daunt, exctuor (meaning executor) of this my last will and testa'ment; and I do give and bequeath unto my 'said executor, all the rest and of my estate whatsoever, both real and personal, hereby revoking and making void all others and former wills by me beretofore made as afore-side will insist on. 'said, declare this to be my last will and testa'ment. In witness whereof, I have hereunto 'set my hand and seal, this 5th day of May, in the year of our Lord, 1747.

Jon. WILKINSON.'

You all, doubtless, have heard, that some years ago, in the time of war, several privateers, four in number, were fitted out by the merchants of Bristol and London, by the name of the Royal Family: on board one of these ships (the Princess Amelia) one John Wilkin'Signed, sealed, published, and declared, by the said John Wilkinson, (meaning by son entered as a midshipman: the ships put L. S. the said John Wilkinson) as and for his Mr. Henry Casamajor of Bristol was appointed to sea, and having taken prizes of great value, last will and testament, in the presents (meaning presence) of us who have agent for the payment of the sailors, for whom hereunto subscribed our names, as wit-be paid at Bristol; but as some persons might it was thought most convenient they should ness, in the presents (meaning presence) have occasion to call for their money in Lon THOMAS CARTY. don, Mr. Casamajor employed a person in town, who was to write to him, that money might be remitted to pay them; that person was Thomas Noads, a gentleman who has unfortunately, by that situation, brought his name into question in this place, and is become (God only knows why) the object of the resentment of a man whose name I must presently men. tion to you, though much to his discredit and dishonour.

' of the testator.

'DINISH COLLINS.'

With an intent to defraud Thomas Noads, against the form of the statute in such case made and provided. There are several other counts in the indictment for publishing the said forged Will, with the like intention to defraud the said Noads, &c.

Upon this indictment he hath been arraigned, and thereunto bath pleaded Not Guilty, and for his trial hath put himself upon God and his country, which country you are; your charge is to inquire whether he be guilty of the felony and forgery whereof he stands in dicted, in manner and form as he stands indicted, or not guilty.

Mr. Bamber Gascoyne having opened the indictment,

The Honourable Mr. Hume Campbell (bro- | ther to the earl of Marchmont) spoke as follows:

May it please your lordship, and you, gentlemen of the jury, I am counsel on the side of this prosecution. You have heard from the indictment, that the person who now stands a prisoner before you, is charged with the forgery of a pretended will of one John Wilkinson, in order to defraud Thomas Noads of a considerable sum of money. And, gentlemen, was there nothing more requisite in this case, than to open the evidence which shews the prisoner's guilt; had no artifice been used, no extraordinary attempts been made, to prevent or to prejudice this trial, I should scarce have appeared here to give you any trouble at all. And now I am here, I should have been glad, if the conduct of a person acting for the prisoner, and who now hears me, had permitted me to state only such facts, as prove the justice of the prosecution. But from what happened this session as well as the last, in relation to this trial; from an ictimation that the baffled attempt to try the prosecutor on the evidence of the prisoner, would be turned into an endeavour to avoid or discredit the testimony of that prose

Mr. Noads being thus employed, and in August 1750, notice having been given that all the sailors might receive their prize-money of the proper agent; in the February following the prisoner at the bar conceived he might get money by setting up the forged will and power of a person he probably thought would never appear to call it in question, or at least that be had so much art as to avoid a discovery, or evade the justice and laws of his country.

The prisoner happened to be at a house near Charing Cross, a house of bad fame, with a man whose true name now comes out to be Thomas Williams: to him the prisoner applied, and desired he would co-operate with him, telling him he would get him money enough; that he should wear a sword, and live like a gen tleman: the man did not very well understand in what manner this was to be contrived; but Mur phy, who it seems is pretty ready at invention, disclosed his method of executing his scheme in this manner: if you will, says he to Williams, appear as the executor, I will forge the will of John Wilkinson: we shall go together, you as recently arrived from Portugal, and I as your acquaintance: we shall get the money without suspicion. Williams was a novice, and terrified at that which might reach his life, he did not care to join in what the prisoner proposed. You don't know, says the prisoner, how many there are in London that live by forging wills and powers: why, you may dress like a gentleman, appear in good company, and wear a sword. Go down stairs, continues the prisoner, and I'll make a will and power this John Wilkinson, that shall intitle you to

for