was guilty of putting the said three ducats into the prosecutor's pocket, by reason it was sworn to that effect; and such was the verdict intended to be given: but the deponent hath lately been informed, that the verdict of the jury recorded finds the defendant guilty upon 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, and cause it to be believed, that the prosecutor had robbed the defendant of the said three ducats: whereas this deponent and the rest of the jury, did not find the same was done with any such intent, or any intent whatsoever.--The deponent saith, that the said verdict, as it now stands, is contrary to the intent of the deponent; and therefore the deponent hath made this affidavit.

ducats into the prosecutor's pocket, by reason it was sworn to that effect; and such was the verdict intended to be given: that the deponent apprehended he and the rest of the jury had given such verdict: but the deponent hath been informed, that the verdict, as taken down and recorded, finds the defendant guilty upon the third count in the indictment, which, the deponent is 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, and accuse, and cause it to be thought and 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, that the same was done with such intent, or any intent whatsoever.-The deponent saith, That the verdict, as it stands, is contrary to the intent of the deponent.-The deponent saith, he could not in his conscience rest satisfied with such verdict: therefore the deponent made this affidavit to explain what verdict he did intend to find.

2. John Godsalve, of Great Baddow, in the county of Essex, esq. saith, he served on the jury at the trial of this cause, &c. That the deponent, on the evidence given to him on the said trial, was of opinion, That the defendant 4. Daniel Stratton, of Bromfield, in the did put three ducats into the prosecutor's county of Essex, esq. saith, he served on the pocket; but the same was not done with intent jury at the trial of this cause, at the last asto charge the prosecutor with felony, or rob- sizes, held, &c. That this deponent, on the bery, or other offence, with any evil intent.- evidence given to him on the said trial, was of The deponent saith, That the jury did agree opinion, that the defendant put three ducats to give a verdict, that the defendant was guilty into the prosecutor's pocket; but that the same of putting the said three ducats into the prose- was not done with intent to charge the prosecutor's pocket, by reason it was sworn to that cator with robbery, or felony, or any other effect; and such verdict was intended to be offence, with any evil intent. The deponent given: the deponent apprehended, that he and saith, That the jury did agree, that the dethe rest of the jury had given such verdict: fendant was guilty of putting the said three but the deponent hath since been informed, that ducats into the prosecutor's pocket, by reason the verdict recorded finds the defendant guilty it was sworn to that effect; and such was the on the third count in the indictment, which, verdict intended to be given. The deponent the deponent is also informed, is finding the apprehended he and the rest of the jury had defendant guilty of putting the said three du- given such verdict: but the deponent hath latecats into the prosecutor's pocket, with a mostly been informed, that the verdict recorded malicious, wicked, and cruel intention, falsely to charge, and cause it 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, that the same was done with such intent, or any intent whatsoever. The deponent saith, That the said verdict, as it now stands, is contrary to the verdict then given in court.-Saith, he could not rest satisfied with such verdict, and therefore the deponent made this affidavit.

3. Robert Clarke, of Little Baddow, in the county of Essex, esq. saith, That he served on the jury at the trial of this cause last assizes, held at Chelmsford, in the county of Essex; and that he was of opinion, that the defendant put three ducats into the pocket of the prosecutor; but that the same was not done with intent to charge the prosecutor with robbery, or felony, or any other offence, or with any evil intent. The deponent saith, That the jury did agree to give their verdict, that the defendant was gui! of putting the said three

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, and cause 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 such intent, or any intent whatsoever. The deponent saith, the verdict, as it now stands, is contrary to the intent of the deponent. Saith, he could not rest satisfied with such verdict; and therefore the deponent made this affidavit.

5. John Olmius, of Boreham, in the county of Essex, esq. saith, he served on the jury at the trial of this cause, &c. That this deponent, on the evidence 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

of the said three ducats: whereas the depo

jury, the nature of the indictment, the deponent did reply, We find guilty of no intent; but cannot say whether the judge heard him. The deponent saith, that the verdict, as it now stands, is contrary to the intent of this deponent. Saith, he could not rest satisfied with such verdict; and therefore made this affidavit.

other offence. Saith, That the jury did agree, that the defendant was guilty of putting the said three ducats in the prosecutor's pocket, by reason it was sworn to that effect; and such only was the verdict intended to be given. The deponent apprehends such verdict was given: but the deponent hath been informed, that the verdict as recorded, finds the defendant guilty of putting the said three ducats into 7. Thomas Brograve, of Great Baddow, in the prosecutor's pocket, with a most mali- the county of Essex, esq. saith, That he servcious and cruel intention, falsely to charge, ed on the jury at the trial of this cause, at the and cause it to be thought and believed, that last assizes, held at Chelmsford, for the county the prosecutor had robbed the said defendant of Essex; and this deponent, on the evidence ment and the rest of the jury did not find the given to him and them on the said trial, was of same was done with any ill intent whatsoever. opinion, that the defendant did put three The deponent saith, when the jury came into ducats into the pocket of the prosecutor; but court, there was such a crowd and noise within that the same was not done with an intent to and without the court, that the deponent could prosecute the said James Ashley for felony or robbery: the deponent apprehended he and not hear distinctly what the judge, who tried the rest of the jury had given such verdict: the cause, said or explained to them. Saith, that he did not understand the nature of the but the deponent hath lately been informed, third count of the said indictment. Saith, that that the verdict of the jury, as taken down and the verdict, as it stands, is contrary to the in-recorded, finds the defendant guilty upon the tent of this deponent. The deponent saith, he could not in his conscience rest satisfied with such verdict; and therefore did, together with Peter Godfrey and Poulton Allen, esqrs. two others of the jury, lately wait on the judge, who tried the cause, and explained to him what verdict they intended to find: and also acquainted him, that, by reason of the noise in court, the deponent could not understand the judge's explanation of the said third count of the said indictment, or the nature thereof.

6. George Dodson, of Shenfield, in the county of Essex, esq. saith, he served on the jury at the trial of this cause, at the last assizes, held, &c. That this deponent, on the evidence given him on the said trial, was of opinion, that the defendant 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, the jury did agree to give their verdict, That the defendant was guilty of putting three ducats into the prosecutor's pocket, by reason it was sworn to that effect; and such was the verdict intended to be given: the deponent apprehended he, and the rest of the jury, had given such verdict: but the deponent had lately 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, and cause it 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 intent whatsoever. And the deponent saith, that when the judge, who tried the cause, did explain to the deponent, and the rest of the

third count in the indictment, which, this deponent is also informed, is finding the defendant guilty of putting the said three ducats into wicked, and cruel intention, falsely to charge the prosecutor's pocket, with a most malicious, and accuse, and cause it to be thought and be believed, that the prosecutor had robbed the said Henry Simons the defendant of the said three ducats: whereas the deponent and the rest of the jury did not find, that the same was done with intent as aforesaid. The deponent, saith, that the said verdict as it now stands, is contrary to the true intent of this deponent: therefore the deponent maketh this affidavit to explain what verdict they did intend to find.

8. Joseph Hornby, of Ingatestone, in the county of Essex, esq. saith, he served on the And that jury at the trial of this cause, &c. it appeared to the deponent, on the evidence given on the said trial, that the defendant did put three ducats into the prosecutor's pocket; but on the evidence given to the deponent by Crisp Gascoyne, esq. alderman of London, it appeared to the deponent, that the same was not done with a 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, or with any evil intent. The deponent saith, that the jury agreed 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; and such was the verdict intended to be given: and the deponent apprehended, that such verdict was given. The deponent saith, that when the jury came into the court to bring in their verdict, there was such a crowd and noise in the court, that the deponent could not hear what the judge, who tried the cause, said or explained to them. Saith, he did not understand the nature of the third count of the indictment, for the reasons aforesaid.

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 apprebended they could not find the defendant guilty of the whole indictment; for that the prosecutor 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 evi-
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 made
any mistake therein, positively saith, it is not
by design and humbly submits the truth
thereof to the honourable judge who tried the
said cause.
C. NORTON.
Sworn before Judge FOSTER.

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

Accordingly a second trial came on for the same fact, at Chelmsford assizes, July_12, 1752, before Mr. Justice Dennison, by a Special Jury, on the same indictment.

*Which (says J. Ashley) is the first precedent of the kind to any person who had been convicted of a criminal offence." See Ashley's Case and Appeal, page 23. In the same page he adds, "In the mean time, actions having been brought (by Simons) against me (J. A.) as the prosecutor, Isaac Hubbard the constable, Richard Taylor and John Newman, on account of altering the warrant, and thereby ignorantly detaining the said Henry Simons in custody, till the warrant was properly backed (by 4 jus tice of peace for the county of Essex,) this cause was tried before the ford chief justice Lee, at Guildhall, London, July 9, 1752; when the jury gave a verdict for 2001. against me, (J. A.) Richard Taylor, and John_Newman; and the costs were taxed at 701." Former 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.

Then the Jury were called over.

Cl. of Arr. Set Timothy Murphy to the bar. (Which was done).

Cl. of Arr. How sayest thon, Timothy Murphy, art thou guilty of the felony whereof thou standest indicted, or not guilty?

Prisoner. Not Guilty.

Cl. of Arr. Culprit, how wilt thou be tried?
Prisoner. By God and my country;
Cl. of Arr. God send thee a good deliver-

ance!

You, Timothy Murphy, the prisoner at the bar, hearken to what is said to you.

Jury. Yes.

Cl. of Arr. Make proclamation.

Crier. Oyez! Oyez! Oyez! If any of you can inform my lords the king's justices, the king's serjeant, the king's attorney-general, or forgery of which the prisoner at the bar stands this inquest now to be taken, of the felony and indicted, let them come forth, and they shall be heard, for now the prisoner stands 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: be 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 These good men, who are now called, and do aforesaid, feloniously did falsely make, forge, bere appear, are those that are to pass between and counterfeit, and cause and procure to be our sovereign lord the king and you, upon falsely made, forged, and counterfeited, and your life and death; if therefore you will chal-willingly act and assist in the false making, lenge them, or any of them, you must challenge them as they come to the book to be sworn, before they are sworn; and you shall be heard.

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: