who expatiated more fully on the nature and circumstances of the of fence; at the same time remarking to the Jury, that as public justice was alone, the object of the prose cution, they were entirely to be guided as the favourable or unfavourable circumstances appeared to them. Mr. Henry Drummond was the first witness called, who deposed, that about the 15th or 16th of last January, the prisoner at the bar whom he had known from being apothecary in several families he was connected with, came to him to borrow 1500 1. to assist him in perfecting a purchase he had just made which would come to 14 or 15000 1. that he offered to give him as security the bond of a man, whom he would hereafter name, who was very responsible. To this Mr. Drummond made answer, that the title deeds of such an estate would alone be ample security; but this the prisoner objected to, as the business was to be transacted in the country. However, as he wanted the money but for ten days, he would give him as security the kase of a house in Harley-street, Cavendish-square, with his own note for the proper execution of the assignment. This Mr. Drummond accepted of. On the 7th of March following, the prisoner came to him, and after apologizing to him for not being punctual to his time of payment, told him he had a further favour to beg of him, which was to borrow the sum of 75001. more on a bond of William Adair, Esq; out of which he would pay Mr. Drummond his first demand of 15001. Mr. Drummond desired to see the boud, which the prisoner produced. On Mr. Drummond's inspection of it, he expressed his doubts of its being Mr. Adair's signature; the prisoner replied, there could not be the least doubt of it, for that it was witnessed by two of Mr. Adair's domestics, Jones and Stark; that he then talked much of Mr. Adair's friendship for him, and he believed, he said, that this bond was giving him by Mr. Adair as the balance of his account. Mr. Drum-¡ mond's brother and partner coming in on this conversation, was shewn the bond, who likewise be-bieved it not to be Mr. Adair's; they therefore told the prisoner to call the next day, and they would consider of it. The prisoner at the bar then went away, but re-. turned about two hours afterwards, who said he saw Mr. Adair just going out airing; that he told him the circumstance, and that Mr. Adair observed the only reason he could account for Mr. Drummond's thinking it not to be his hand-writing, was the difference of twenty years [much about the time Mr. Drummond had last seen his signature]. This, however, did not satisfy Messrs. Drummonds; they still doubted, and desired he would · call next day. In the evening of that day, however, Messrs. Drummond, being resolved to be satisfied, waited on a friend of Mr. Adair, who assured them it was not his hand-writing. About eleven o'clock next day the prisoner called; and, as a confirmation of the signature's being genuine, produced a letter from Mr. Adair, signed only with the initials W. A. to that purpose. This, however, would not satisfy Messrs. Drummonds; they therefore proposed to the prisoner going down. down to Mr. Adair's to put an end to their doubts; to this he, at first, made a slight objection, by saying Perhaps he is gone out; but, the others asking it a second time, he very chéarfully consented, and Mr. H. Drummond and he stept into the latter's carriage, and drove to Mr. Adair's. when they arrived, Mr. Adair not only denied the whole circumstance, but even knowing any of the name of Perreau. This seemed to astonish the prisoner, as well as the rest of the parties, which made the former reply, "Surely, Sir, you are jocular" However, on Mr. Adair's persisting in the contrary, the prisoner seemed to be agitated, and said, "Send for Mrs. D. Perreau, and she will explain this matter. Mrs. D. Perreau (Mrs. Rudd) was accordingly sent for; who, upon being pressed to tell what she knew about it, confessed herself to be the person who forged the bond, and that she made this discovery sooner than let an innocent man, with a large family, suffer. Mr. Drummond then said, he did not see her till the Saturday following at Sir John Fielding's, along with the prisoner and his brother. Mr. G. Wheatly (Clerk to Messrs. Drummonds bank) circumstantially corroborated the above evidence, as did Mr. Drummond's brother, with this further circumstance, that, when the latter doubted Mrs. Rudd's powers to forge Mr. Adair's name, she took up a slip of paper, and wrote the name in every respect similar to that at the bottom of the bond. Sir Thomas Frankland deposed, that the prisoner was his apothecary for fifteen years; he always believed him to be an honest man, and had lent him, at different times, several sums of money on bonds, particularly one of Mr. Adair's, for 4000l. on the 24th December, 1774, which was to be paid the 29th of March last. Mr. R. Wilson deposed, he filled the bond attempted to be passed to Messrs. Drummond; that he had it from the prisoner at the bar, with a minute in his own handwriting, directing him to fill it up as a debt due from W. Adair, Esq; to R. Perreau, Esq; which minute he afterwards desired him to burn, the prisoner at the bar first crossing it with a pen. Mr. Ogleyie deposed, that he was in a familiar acquaintance with Mr. Adair's hand-writing, and that That at the bottom of the bond was no way like it. Mr. J. Adair deposed the same, and Mr. Jones, one of the supposed subscribing witnesses, declared his name to be a forgery. These evidences being all gone through, the prisoner entered on his defence which he read from his notes, Mr. Justice Aston having previously pointed out to him where it was necessary for him to be particular. The prisoner was an hour and twenty minutes reading it, which principally consisted in a de tail of the many artifices made use of by Mrs. Rudd to engage him to get those, bonds discounted.-That she was constantly conversing about the interest she had with Mr. Wil liam Adair. That, among other things, Mr. Adair had, by his interest with his majesty, obtained a promise of a baronetage for Mr. Daniel Perreau, and was about procuring hin a seat in parliament.-That Mr. Adair had promised to open a bank, and to take the two Perreaus Perreaus into partnership with him -That he received many letters signed William Adair, which he did not doubt really came from William Adair. That Ir. Wm. Adair had promised to give them a very considerable part of his fortune during his life; and was to allow Mr. Daniel Perreau two thousand five hundred pounds per ann. for his houshold expences, and six hundred pounds per ann. for her pin money.-That Mr. Daniel Perreau purchased a house in Harley street for four thousand pounds, which money Mr. William Adair was to give them.-That, when Daniel Perreau was pressed by the person he bought the house of for the money, the prisoner understood they applied to Mr. W. Adair, and that his answer was, That he had lent the King seventy thousand pounds, and had purchased a house in Pall-mall at seven thousand pounds to carry on the banking business in; therefore could not spare the four thousand pounds at that time. And that Mrs. Rudd told him (the prisoner) that Mr. Adair desired that he would get a bond for five thousand three hundred pounds filled up, as he had done once before, and Mr. Adair would execute it. That after Wilson had filled up the bond, he delivered it to Mrs. Rudd, who gave it to the prisoner a day or two after executed. That he borrowed the four thousand pounds upon this bond, which was dated the 20th of December, of Sir Tho. Frankland, and delivered Sir Thomas's draught to Mrs. Rudd. That about the 10th of March he told Mrs. Rudd, that Mr. Adair's bond that he had given to Sir Thomas Frankland in November was nearly VOL. XVIII. 1775, due; and Mrs. Rudd told him, the next day, that Mr. Adair desired he would once more borrow for him five thousand pounds. - That he made many objections to being employed in so disagreeable a business; but at last, supposing he should oblige Mr. Adair, he consented, and accordingly got a bond filled up by the stationer for seven thousand five hundred pounds, payable to himself. That he delivered it to Mrs. Rudd, on Saturday the 4th of March, in the presence of his wife, his brother, and Mr. Cassadey.--That Mrs. Rudd returned it him executed on the Tuesday following. And that he never had the least suspicion but that the bonds were really executed by Mr. William Adair.That, when he took the bond to Mr. · Drummonds, he did not say that he had himself scen it executed by Mr. Adair, but that he knew it was Mr. Adair's hand-writing, as he had often seen letters from Mr. Adair to Mr. Daniel Perreau and his wife.-That when he informed Mrs. Rudd of the observations Mr. Drummond had made upon the signature to the bond, she went out, and upon her return she told him she had seen Mr. Adair just as he was going out a riding; and that Mr. Adair told her, that the alteration in the signature was merely the difference between age and youth, and that it was his handwriting, and that he told Mr. Drummond so; and that he knew nothing of its being a forgery till the interview with Mr. Adair. All these circumstances he granted, made against his understanding ; bat he hoped the justice of the Court would judge of him by his intentions, which, he appealed to [P] God God in the most solemn manner, were not in the least degree criminal. A croud of witnesses were then called to the prisoner's character, and in particular a man and maidservant of D. Perreau's, who bothdeposed, That Mrs. Rudd used to write letters herself addressed to D. Perreau, and desire them to say they were left by Mr. Adair for him; that a double rap was likewise often heard at the door, and that Mrs. Rudd used to be in waiting, step aside, write a card as if from Mr. Adair, and carry it up stairs to Mr. Daniel Perreau. Amongst the witnesses to his character were likewise many respectable persons; such as Lady Littleton, Sir John More, K. B. Sir J. Chapman, General Trapaud, Casar Hawkins, Esq. Dr. Baker, and a number of respectable Physicians, who all were unanimous in giving him the best of characters. The Judge then summed up the evidence to the jury, with an accuracy and impartiality which did him great honour; and the jury, after retiring for about ten minutes, brought in their verdict, "Guilty of publishing and uttering the bond, knowing it to be forged." " Daniel Perreau was then set to the bar, as charged in the indictment, with forging the above bond; but it not appearing on the trial he was the least concerned in it, he was of course immediately acquitted. The next morning, Friday June 2, at nine o'clock, Daniel Perreau was set to the. bar before Mr. Justice Aston and Baron Hotham, charged on another indictment of four counts. The first for forging a bond on William Adair, Esq. in penalty 62001. conditions!. ly 3100l. the second, publishing that bond, with an intent to defraud Dr. Thomas Brooke; the third and fourth for uttering and publishing it, contrary to laws made and provided for that purpose. Mr. Howarth, Counsel for the prosecution, opened the case to the jury, and, after briefly stating to them the particular circumstances of the forgery and publication chargeable on the prisoner, observ. ed, that from the long and familiar intimacy the prosecutor, Doctor Brooke, had with the prisoner, it was with great pain of mind he was necessitated to appear against him; and that as nothing but the love of public justice could induce him thus to appear, all he wished by it was, that it should operate as it ought; he therefore said he would urge nothing further for their consideration than the evidence which should be laid before them. Dr. Thomas Brooke was therefore called upon, who deposed, that he had a very great intimacy with the prisoner; that on the first of November, 1774, he applied to him to borrow a sum of money for a little time; the Doctor told him, he had not then any money at his banker's, but what would be only sufficient for his own private use; upon which the prisoner at the bar replied, "Have you not got some "Air-bonds? (bonds belonging to "the late bank in Air) Let me "have them, and I will give you as security a bond of Mr. Adair's "the late agent in Pall-mall.” This the Doctor consented to, and accordingly gave him (taking Mr. Adair's bond, payable to Daniel Perreau, Perreau, witnessed by Messrs. Jones and Stark, the same two subscribing witnesse as to Robert Porreau's bond) fifteen Air bonds, each of the value of 1001. which 1500l. was to have been paid in eight days time. Some time after the expiration of the eight days, Dr. Brooke called on him for the payment of the money; but the pri soner begged him to have a little further patience, for that he had lodged the bonds in Drummond's bank, and would take them out in a few days. Upon this Dr. Brooke. was satisfied, and never heard more of it till he heard of Robert Perreau's being taken up for forgery, which led him to suspect, that the hond which he had of the prisoner was of the same counterfeit species, and which, upon enquiry of Mr. W. Adair, he found to be fact. Upon cross examination by Mr. Bearcroft, Dr. Brooke was asked his opinion of the prisoner before this charge, who answered he had the highest one both of his integrity and friendship, otherwise he would have had no dealings with han. He was likewise asked, whether he knew the prisoner had surrendered of his osvn accord, or suffered himself to be taken? To which the Doctor said, he did not positively know. The bond was then read. Richard Wilson (the scrivener who filled the bond on which R. Perreau was the day before convicted of publishing, knowing it to be forged, was next examined, who deposed, he had filled up the present bond, but could not positively swear which of the two Perreaus brought it to him, though he knew he had filled no other bond with the name of Adair, but what was brought by either one or the other of them. Mr. Ogilby, who lives with Mr. Adair, positively swore the signature of William Adair to the bond was not Mr. Adair's hand-writing, nor in any litteral respect like it. These being all the evidences to support the prosecution, the prisoner was called upon by the court for his defence, and informned by them where it was necessary for him to be most particular. He accordingly informed the Court in a few words, that "He was un"fortunately the dupe of an art"ful woman. (Mrs. Rudd); and "had implicitly believed the bond, "which he deposited with Dr. Brooke, to be a true one, and really signed by Mr. Adair. " This he affirmed in the most sølemn manner to be the real state of the case, otherwise he would not for the world be guilty of so infamous an action. John Moody and Mary Browne two servants of the prisoner's, were then called, together with another maid servant, who all severally related the former circumstances which they had given in evidence on Robert Perreau's trial. Several respectable witnesses were then called to his character (amongst the rest General Melville) all of whom gave him a very good one, both in respect to his conduct abroad and at home. Mr. Justice Aston then summed up the evidence to the jury, and observed very equally on the several circumstances. The jury withdrew for a few minutes, and brought in their verdict," Guilty of uttering and publishing the bond, knowing it to be forged." [P] 2 But, |