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Q, Look at this book, and fee whether that acceptance of a transfer belongs to you?

A. That was the 450%. that was paid by me; the perfon who tranfacts bufinefs for me, who is in Court, one Mr. Brown, paid it to Mr. Fonton.

2. You gave directions to Mr. Brown?

Court. I fuppofe you have other witneffes to prove that this is not the hand-writing of another Mr. Pierce; because I doubt a little whether Mr. Pierce is a proper witness to prove his own hand-writing.

Mr, Garrow. We have a release.

Hugh Percy Repworth sworn.

I am Clerk to the Solicitor of the Bank. I faw this executed by Mr. Papps.

Mr. Garrow. This is a release from Mr. Papps.

2 to Mr. Edwards. Are you acquainted with Mr. Pierce's hand-writing.

A. I have frequently feen his fignature; he was a Clerk in the Bank many years.

2. Look at this, and fee if it is his fignature? A. It does not appear to be his fignature,

Robert Hand fworn.

I am Clerk to the Three Per Cent. Confolidated Office at the Bank.

2. Have you examined the books of the Bank with a view to discover how many perfons of the name of Pierce had stock in the three per cent. annuities?

A. One John Pierce, of Barn-Elms; and the other John Pierce, of Queen-Street, fadler.

2. That is the fame perfon that has just been examined? A. Yes.

2. Have you examined the transfer books of that day? A. I have.

2 Is there any transfer made on that day by John Pierce to any body.

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A. There is no transfer by John Pierce to Papps. 2. Is there any transfer by Papps to any body? A. Not that I could find.

Mr. Garrow. Now we will proceed to prove that John Pierce, of Barn Elms, was at that time dead,

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Mr. Knowlys. Did you examine for any perfon of the name of James Pierce, or Jofeph Pierce, or Ignatius Pierce, or Francis Pierce ?

A. No, Sir; no other but John.

Sarah

Sarah Pierce fworn,

I am widow of Mr. John Pierce, of Barn-Elms; he died the 18th of May 1788.

Q; to Mr. Edwards. Do you know whether on this day we have been talking of, it was the duty of the prisoner to fill up the transfers in the Three Per Cent. Office?

A. It was no part of his duty; his department was at that time to pay dividends in the Three Per Cent. Annuity-Office; there were other perfons appointed to do this duty of filling up transfers.

Court. Did he pay dividends, or deliver out warrants?
A. Deliver out the warrants.

Mr. Garrow. Do know of any
you

order that was communicated to the Clerks, by the Directors, that no Clerks in the Bank fhould a& as Brokers?

A. There was.

2, That I believe is written up in the Office?

A. Not in those express words; " No Clerk in the Bank "is permitted to a as Broker or Jobber in any of the “funds."

Mr. Knowlys. Notwithstanding that order, I believe it is pretty well known to the world that it is done by more than one?

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I do bufinefs for Mr. John Pierce, the Stock-Broker. On the 18th of May, 1789, I paid the prifoner, Mr. Fonton, 4287.-15. 3d. as the confideration for transfer of 450%. four per cents.

2. Do you recollect how you paid it?

A. I do not exactly; it was in cafh and Bank Notes. 2 Did you take a stock receipt from him?

4. No, Sir; I had no receipt.

2. Do thefe kind of tranfactions frequently pass between the brokers without receipts?

A. Very frequently in the multiplicity of business: we fee the transfer is made.

2. Did you on this occafion fatisfy yourfelf that the transfer was made to your principal?

A. Yes; I was fatisfied of that.

Mr. Knowlys. Then you do not confider the receipt as abfolutely neceffary among yourselves? A. Not as a jobber.

Mr.

Mr. Garrow to Pierce. Did you take any receipt on this occafion?

A. No.

Q. How happened that?

A. Oh, we frequently do them without a receipt; I went and looked at the books, to fee if there was any transfer. 2. How long have you known the prisoner?

A. A great number of years.

2. Are you acquainted with the character of his handwriting?

A. I have seen it frequently, because I have a great number of receipts of his.

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Look at that receipt?

A. I believe it to be his.

Look at the written part of the body of the transfer ; you believe that to be his?

A. Yes, I believe it is his.

2. Look at the bedy of this receipt; is that the handwriting of Fonton?

A. Yes.

Do you believe both of them to be the hand-writing of the prifoner?

A. I believe both of them to be his.

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The Receipt read by the Clerk.

4 per cent. annuities, confolidated April the 6th 1780. • Received of William Papps, the fum of 47% 12s. 6d. being the confideration of 50% intereft or hare in the capital or joint stock of 4 per cent. annuities, consolidated April the 6th, 1780, erected by acts of parliament, the 17th, 20th, 21st, 22d, 23d, and 24th years of the reign of his Majefty, King George the Third, intituled, An "Act for raifing a Sum of Money by way of Annuities,

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and for eftablishing a Lottery," Transferrable at the Bank of England, by him transferred this 15th of May. Witnefs my hand," John Pierce." Witness," F. Fonton." Directed to the Court of Dire&ors.'

2 to Mr. Edwards. These receipts have been therefore given, when flock is transferred by power of attorney? A. The feller gives the buyer his receipts: the attorney figns his name as attorney, and names the principal.

2. So then, according to the common practice, the name of the proprietor himself is figned; it is understood to be the name of the proprietor?

A. The receipt is given by the attorney for fuch a one.

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2. You know, by looking at the receipt, whether it is a receipt given by the proprietor himself, or by power of attorney?

A. Yes.

Mr. Knowlys. That receipt is for so much stock purchased of Mr. Pierce, not a fale?

A. Yes, it is.

Court. Prifoner Fonton, you hear the charge against you; that it is the having put into the hands of Mr. Papps, a forged receipt, from one John Pierce, for the confideration money of 50%. ftock, which receipt you witnessed, and which they fay is a forged receipt for that in the first place, as far as they have been able to trace any John Pierce, they have proved that this receipt is not his hand-writing; but beyond that, there is this ftrong circumftantial evidence, to prove it a forgery. That, whereas, that receipt expreffes that this was received for the confideration of 50l. transferred by Pierce to him; there is no transter by any Pierce to him of that fum; and it is witneffed, and the body of it written by you. You are now called upon to fatisfy the Jury, if you can, how you came to put into the hands of Mr. Papps, fuch a false receipt.

Prifoner. My Lord, I leave my defence to my Counfel. Mr. Knowlys. My Lord, I have a great many witnesses to his character.

Court. If his witneffes fhould happen not to be here, he certainly will fuffer nothing by that means, because the circumftance of his having been employed 17 years and upwards, at the Bank, is a decifive evidence of his good character.

Mr. Edwards. I have known him eighteen years; he has always borne the character of a punctual orderly well-be-. haved man, very inoffenfive in his manners; fo much so, that he would have been one of the last in the house that I fhould have thought capable of fuch a tranfa&tion.

The prifoner called five more witneffes, who gave him an exceeding good character.

Verdict of the Fury, GUILTY of uttering, knowing it to be forged.

He accordingly received fentence of DEATH.

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JUDG

JUDGMENT

DELIVERED BY

SIR WILLIAM SCOTT, KNIGHT,

IN THE

CONSISTORY COURT, IN DOCTORS COMMONS,

IN THE CASE OF

AUGUSTA EVANS, the Wife

VERSUS

THOMAS EVANS, ESQ. the Hufband,

JULY 2, 1790.

The Libel stated, at confiderable length, numerous inftances of cruelty and ill-treatment, and the depofitions of the witnesses were very voluminous, which, as the material parts were recited in the learned Judge's speech, we do not here particularize.

The cafe was most elaborately argued on both fides, after which the learned Judge delivered judgment as follows:

SIR WILLIAM SCOTT, KNT.

This caufe has been carefully instructed with evidence by the practisers, who have had the conduct of it; and has been very elaborately argued by the Counsel on both fides. It now devolves upon me to pronounce the legal result of the evidence, which has been thus collected; and of the ar guments raifed upon that evidence: a duty heavy in itfelt,

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