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471. The Trial of WILLIAM HALES, for forging a Promissory Note for 6,4001. in the Name of Thomas Gibson, esq. and Partners,† and for publishing the same as a true one, knowing it to be false and counterfeit, at the Session of the Peace, and Oyer and Terminer, for the City of London, held at the Old Bailey, before Mr. Justice Page, and Mr. Baron Carter: 2 GEORGE II. A. D. 1728.

December 9, 1728. Crier. OYEZ! Oyez! Oyez! All manner of persons, that have any thing to do at this session of Oyer and Terminer, holden for the city of London, and gaol-delivery of Newgate, holden 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, on pain and peril that shall come thereon.

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colour of unfairness whatsoever; and as Mr. Gibson is concerned, if he be really a-kin, I would advise Mr. Attorney to waive him.

Attorney General, (sir Philip Yorke.) My lord, I am sure it is our desire that this trial should proceed with all the fairness imaginable; therefore, without entering into the question how far Mr. Gibson is concerned, or, if he is, what consequence that may have, I waive this gentleman.

Then the twelve Jurors, who were sworn, were counted, and their names were as follow, viz. Samuel Cranmer, James Seymour, Samuel Cranmer, &c. William Howard, called.

Clerk of the Arraigns. William Hales, look to your challenges. Samuel CranmerSerj. Baynes. My lord, I have a paper delivered to me. There are three worthy persons on this pannel, we desire may be set aside. Just. Page. You know what the law is]]: if Mr. Attorney consent they should be withdrawn, very well.

Serj. Baynes. We know there are enough, my lord.

Cl. of Arr. Richard Knollys.

Serj. Baynes. He is related to Mr. Gibson.
Serj. Whitaker. Prove it.

Baron Carter. Pray, how is Mr. Gibson concerned?

Thomas Swayne,
Thomas Port,
Ralph Knox,
Cornelius Mason,

John Pott,
Richard Chauncy,
James Coulter,
Harvey Spragge,
Joseph Jackson,
Robert Knaplock.

Cl. of Arr. Crier, make proclamation.
Crier. If any one can inform, &c.
Cl. of Arr. opened the Indictment, which is
as follows, viz.

"London, ss. Juratores pro Domino Rege super sacramentum suum præsentant, quod Willielmus Hales, nuper de London, Aurifaber, Anglice Goldsmith, existens persona malorum nominis et fame, ac conversationis inhonestæ, ac injustè et fraudulenter machinans et intendens quendam Thomam Gibson, necnon quosdam Johannem Jacob et Robertum Jacomb, participes ejusdem Thomæ Gibson, ac diversos alios dicti Domini Regis nunc ligeos et subditos, de magnis denariorum summis fraudulenter et iniquè decipere et defraudare, septimo die Septembris, anno regni Domini * See East's Pl. Cr. ch. 19, ss. 7, 52; see, Georgii Secundi, nunc Regis Magnæ Britanalso, the following cases relative to the trans-niæ, &c. secundo, apud London prædict, sciliactions which gave rise to this Trial.

Serj. Darnell. It is for a note of Mr. Gib

son's.

Just. Page. I would recommend it to Mr. Attorney. I would have this trial without any

"This Trial was taken in short hand by order of Mr. Gibson."-Former Edition.

+ See New Parl. Hist. vol. 7, p. 691; and Johnson's Lives of Pope, and of Savage, as there cited. See, too, in Tom Jones, (book 8, ch. 11,) Partridge's story about my lord justice Page's trying the man who stole farmer Bridle's horse.

As to this, see the celebrated 'Letter concerning Libels, Warrants, Seizure of Papers,' &c. which has been ascribed to lord chancellor Camden, and also to the first lord Ashburton. See also Junius's Letters.

VOL, XVII.

cet, in parochia Sancti Dunstani in Occident', in wardâ de Farringdon extra, vi et armis, &c. falso, fraudulenter, et deceptivè fabricavit et contrafecit, et fabricari et contrafieri causavit, quoddam scriptum in verbis et figuris sequentibus, videlicet,

"August 27, 1728.

"I promise to pay to George Watson, esq. or bearer, the sum of six thousand four hundred pounds, at demand, the like value received. For myself and partners, "THO. GIBSON."

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ad grave damnum præfat' Thomæ Gibson, et prædict' Johannis Jacob et Roberti Jacomb, participum ejusdem Thom Gibson, in malum exemplum omnium aliorum in hujusmodi casu delinquentium, ac contra pacem dicti Domini Regis, coron' et dignitat' suas, &c. Et juratores prædicti super sacramentum suum prædictum ulterius præsentant, quod prædictus Willielmus Hales nequiter et deceptivè machinans et intendens præfat' Thomam Gibson, necnon prædict' Johannem Jacob et Robertum Jacomb, participes ejusdem Thomæ, ac diversos alios subditos et ligeos dicti Domini Regis nunc, de magnis denariorum summis fraudulenter et iniquè decipere et defraudare, postea, scilicet prædicto septimo die Septembris, anno secundo supradicto, apud London prædict', scilicet, in parochia et wardâ prædict', vi et armis, &c. quoddam scriptum falso fabricatum et contrafactum in verbis et figuris sequentibus, vide. licet,

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scienter, illicitè, et fraudulenter produxit et publicavit, et produci et publicari causavit, tanquam verum et legitimum scriptum, (dicto Willielmo Hales adtunc et ibidem benè sciente scriptum ult' mentionat' per ipsum Willielmum Hales sic ut præfertur product' et publicat', falso fabricat' et contrafact' fuisse) ad grave damnum præfat' Thoma Gibson, et prædict' Johannis Jacob et Roberti Jacomb, participum ejusdem Thomæ, in malum exemplum omnium aliorum in hujusmodi casu delinquentium, ac contra pacem dicti Domini Regis nunc, coron' et dignitat' suas, &c. Et juratores prædicti super sacramentum suum alterius præsentant, quod prædictus Willlelmus Hales machinans et fraudulenter intendens præfat' Thomam Gibson, necnon prædict' Johannem Jacob et Robertum Jacomb, participes ejusdem Thomæ Gibson, ac diversos alios dicti Domini Regis nunc subditos, de magnis denariorum summis fraudulenter et iniquè decipere et defraudare, prædicto septimo die Septembris, anno secundo supradicto, apud London prædict', scilicet, in parochiâ et warda prædict', vi et armis, &c. falso, fraudulenter, et deceptivè fabricavit et contrafecit, et fabricari et contrafieri causavit, quoddam scriptum gerens dat' vicesimo septimo die Augusti, anno Domini millesimo sep. tingentesimo vicesimo octavo, in se purportans, quod prædictus Thomas Gibson pro seipso et participibus promisit solvere Georgio Watson, arm', aut latori, summam sex mille quadringent' librarum, super demand', consimili valore recept' ad grave damnum præfat' Thomæ Gibson, et prædict' Johannis Jacob et Roberti Jacomb, participum ejusdem Thomæ Gibson, in malum exemplum omnium aliorum in hujusmodi casu delinquentium, ac contra pacem

dicti Domini Regis, coron' et dignitat' suas, &c. Et juratores prædicti super sacramentum suum ulterius præsentant, quod prædictus Willielmus Hales nequiter et deceptivè machinans et intendens præfat' Thomam Gibson, ao prædict' Johannem Jacob et Robertum Jacomb, participes ejusdem Thomæ Gibson, ac diversos alios subditos dicti Domini Regis nunc, fraudulenter et injustè decipere et defraudare de magnis denariorum summis, postea, scilicet, prædicto septimo die Septembris, anno secundo supradicto, apud London prædict', scilicet, in parochia et warda prædict', vi et armis, &c. quoddam scriptum falso fabricat' et contrafact', gerens dat' vicesimo septimo die Augusti, anno Domini millesimo septingentesimo vicesimo octavo, in se purportans, quod prædictus Thomas Gibson projscipso et participibus promisit solvere Georgio Watson, Arm', aut latori, summam sex mille quadringent' librarum, super demand', consimili valore recept',scienter, illicitè, et fraudulenter produxit et publicavit, et produci et publicari causavit, tanquam verum et legitimum scriptum, (prefato Willielmo Hales adtunc et ibidem benè sciente scriptum ult' mentionat', per ipsum,Willielmum Hales sic ut præfertur product' et publicat', falso fabricat' et contrafact' fuisse) ad grave damnum præfat' Thomæ Gibson, et præfat' Johannis Jacob et Roberti Jacomb, participum ipsius Thoma Gibson, in malum et perniciosum exemplum omnium aliorum in consimili casu delinquentium, ac contra pacem dicti Domini Regin nunc, coron' et dignitat' suas," &c.

N. B. This Indictment was found under the commission of Oyer and Terminer, and not upon the gaol delivery.

Cl. of Arr. Upon this indictment the de fendant hath been arraigned and pleaded Not Guilty; and for his trial he puts himself upon God and his country, which country you are. Your charge is to inquire, &c.

Mr. Strange. May it please your lordship, and you gentlemen of the jury; this is an indictment against William Hales, of London. The indictment sets forth, that he being a person of ill fame and reputation, and intending to deceive and defraud Thomas Gibson, John Jacob, Robert Jacomb, and divers others, did, on the 7th of September, forge and counterfeit, and caused to be forged and counterfeited, a certaiu note, viz. " August 27, 1728. I promise to pay," &c. This is laid to be to the great damage of the said Thomas Gibson, &c. and to the evil example of others in like case offending, against his majesty's peace, &c. It sets forth, that, from the same evil intentions, he did produce and publish, and caused to be produced and published, a certain note following, viz. " August 27, 1728, I promise to pay," &c. That he published this as a true and lawful writing, knowing the same to be false, forged, and counterfeit. It sets forth, that he forged and counterfeited, and caused to be forged and counterfeited, a certain writing,

dated August 27, 1728, purporting that the aforesaid Thomas Gibson, for himself and partners, promised to pay George Watson, or bearer, 6,4001. Gentlemen, the indictment sets forth, That on the same 7th of September, in this city, the said William Hales did produce, and caused to be produced, a writing, which purported that the said Thomas Gibson had promised to pay George Watson, or bearer, 6,400%. and published this, knowing it to be forged at the same time. And this is laid to be to the great damage of the said Thomas Gibson, &c. and to the evil example of all others in like case offending. To this indictment he hath pleaded Not Guilty. But if we prove the fact, it becomes your duty to convict him thereof.

Att. Gen. May it please your lordship, and you gentlemen of the jury; 1 am of counsel in this case for the king. The Charge against the defendant Mr. William Hales, is for forging a note in the name of Mr. Gibson, payable to George Watson, esq. or bearer, for no less a sum than 6,4007, and publishing this note as a true one, knowing it to be false and counterfeit: for, though the fact is laid different ways in the indictment, yet it is upon one and the same note, and the difference consists only in the form of alleging it.

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hand-writing, not pretended to be Mr. Gibson's. When we come to the subscription, there is a rasure at the end of the word for,' which, upon holding the paper against the light is plainly to be seen. The manner of Mr. Gibson's writing being pretty wide and loose, the letter o in the word for appears to have been crowded between the other two letters ƒ and r, and is of a remarkably different character and fresher ink than the others. From hence the manner of making the forgery sɛems to have been, by rasing out the two e's at the end of the word free,' or at least the greatest part of them, and inserting an o in the manner I have mentioned, and then adding in the same line, after this word thus made to be 'for,' these other words, Myself and partners;' which standing a little above the name, Tho. Gibson, serve as a proper subscription to this note. It will appear likewise, that the stroke at the beginning of the m in the word 'my' is of the older kind of ink, and probably was at first part of one of the e's in the word free.' There is something observable in the figure and appearance of the paper itself: the old folding, which is most worn, answers to that which probably might have been the fold of a cover of a letter, and the paper is torn off at one side and at the top.

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This, gentlemen, being the nature of the This, gentlemen, is the first case of the most writing, and the manner in which it was transextraordinary scene of forgery that bath come formed from the direction of a letter to a note under examination in this place, committed in of this value, we shall, in the next place, lay such a manner, and attended with such cir- before you the use which was made of it. And, cumstances, as make it necessary to be prose- gentlemen, the time pitched upon for this purcuted with the greatest weight and solemnity, pose will be material for your consideration. for an example and terror to others. All kinds Mr. Gibson was gone to Bath, and it was of forgery are crimes of a most pernicious na- thought proper to date the note the day before sture, as they tend to weaken and destroy that he went. No use was made of it till some time faith and commerce which ought to be main-after he was gone, that there might be no room tained amongst men: but forgery in the case of negociable notes, which have a particular currency given to them by act of parliament, whereby private credit is greatly assisted, and trade carried on, is one of the most dangerous; and, if it should prevail, the consequences, though not easy to be foreseen, would certainly be extensive and destructive. Such is the nature of the offence whereof the prisoner stands accused: but howsoever heinous that may be, his guilt will depend entirely upon the evidence of the fact.

Gentlemen, the advantage taken to commit this forgery was from an act of kindness and civility done to the defendant. He some time ago prevailed with one Mr. Booth, book-keeper to Mr. Gibson, to accommodate him with two covers for letters franked by Mr. Gibson, in order (as he pretended) to send news into the country: a practice which I fear is too common; but I hope this instance will have some effect to make it less frequent. It will appear to you, from several circumstances, that the note in question was made on one of these covers: For, gentlemen, it is a promissory note, subscribed, For myself and partners, Thomas Gibson. The body of the note is all of one

for applying to the person himself. The day, and time of the day, which were chosen to put it off, were Saturday at night; when probably there would be no opportunity of making ju quiries till the Monday morning following, and consequently a whole day might be gained. This being the opportunity resolved upon, it will appear that on Saturday the 7th of Sep. tember, Mr. Hales made use of an instrument, that hath confessed himself to have been drawn in by him, one Thomas Rumsey, a young fellow bred to the sea, who was absolutely under his influence; told him he must go with him into the city, bid him put on a particular suit of clothes, and observing that he had a laced hat upon his head, advised him to leave that behind him, and gave him a plain one. To make him appear still more like a man of business, Mr. Hales, as they went along the Strand, bought him a pocket-book or lettercase. Thence he carried him to Middle-row, and bought him a dark perriwig, bid him put it on, and said, it became him very well. Thus equipped, he took him to John's coffee house in Shire-lane; and when they were there, Rumsey not knowing about what he was to be employed, a porter came in with a letter.

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Without the porter's saying one word, Hales asked, If he did not want Rumsey? The por ter answered, Yes; and produced a letter directed to Rumsey, which Mr. Hales took, and readily found inclosed in it this note for 6,400l. payable to George Watson or bearer. In the letter were two names written with sums against them thus, lady Harriot Elliot 4,300l. Sir John Hynde Cotton 2,100l. and underneath, payable to them or bearer.' These names only being in the letter, Mr. Hales took upon him to order Rumsey to write under them, James Moreton, esq. or bearer;' and when this was done, that part of the letter with the names was torn off, and put into the pocketbook (which had been bought for the purpose), together with the note for 6,400/. and a Banknote of 20%. and two of 257. each. Then the prisoner gave it to Mr. Rumsey, with directions to carry these notes to the shop of Mr. Snow and Poltock without Temple-bar, and there take their cash-note payable to James Moreton, esq. or bearer, for 70l. the produce of the Bank-notes; and in exchange for this forged note, to take one of their notes, payable to the lady Harriot Elliot, or bearer, for 4,300l. and another to sir John Hynde Cotton or bearer, for 2,1001. The prisoner gave strict instructions to Rumsey, that, if at Mr. Snow's he should be asked where he lived, he should answer, at the upper end of Bond-street; if he should be asked his name, he should say, Thomas Fowler, or any other name besides his true name; that it was indifferent what, so it was not the right name. Rumsey, thus instructed, went immediately to the house of Mr. Snow and Poltock, which Hales took care to shew him. Mr. Poltock took the small Bank notes, and gave his note for them; but observing the appearance of the note for 6,4007. that it was written on a dirty scrap of paper, and the difference of hand-writings in it, would have nothing to do with that. During this time Hales kept at a little distance; and Rumsey returning without success, be directed him to go to Mr. Hoare's, and (as he had concerted in the former instance) to pay in a small sum of money not exceeding 701. and take their note for it, and to exchange the note of 6,4001. for their notes. The names of the persons to whom the notes were to be made payable were then to be changed; for the stratagem was, to make use of the names of persons that dealt at the several shops, in order to gain credit to the transaction. Therefore the names of two honourable persons, well known at Mr. Hoare's, were pitched upon; and the new direction which the prisoner gave to Rumsey was, to take one of Mr. Hoare's notes for 4,300l. payable to sir Richard Grosvenor or bearer; and another for 2,100l. payable to sir John Hyude Cotton or bearer; and there also if he was asked to give in his name, Thomas Fowler. When it was near dark, Rumsey went to Mr. Hoare's, and exactly pursued his orders. They made him out a small note for the cash, and gave such credit to Mr. Gibson's name, as to give him the notes he desired, in lieu

of the 6,400%. note: all which Mr. Rumsey delivered immediately to Mr. Hales, who waited for him at a fruit-stall not far from the shop.

Gentlemen, Mr. Hales being now possessed of three notes of Mr. Hoare's, one for 70%. another for 2,100l. and a third for 4,300%. the next part of his scheme was to negociate and exchange them for other notes from hand to hand, in order to entangle the affair, and make it difficult to trace out the cheat: therefore his next orders to Rumsey were, to carry the note for 4,300l. payable to sir Richard Grosvenor or bearer, to Mr. Brassey's and exchange it for smaller notes. Rumsey went thither that night, and took four smaller notes of Mr. Brassey's, in lieu of Mr. Hoare's, viz. two of 1,000l. each, one of 1,2001. and ano. ther of 1,100l. But though these notes of Mr. Brassey's were given out on Saturday Sept. 7th at night, they were made to bear date on Monday the 9th; because, it being late in the evening, the cash-book was made up for that day. These four new notes Mr. Rumsey delivered to Mr. Hales, who waited for him again at a very small distance from Mr. Brassey's-shop.

The next part of the scheme was to change these notes into negociable securities equal to cash, in which there was probably a double view; partly to intricate the affair still farther, and partly for the greater convenience of carrying off the fruits of their iniquity, when that should become necessary: therefore the prisoner sent Rumsey to Mr. John Hals, a broker in Exchange-alley, and directed him to acquaint him, that he came from Mr. Samuel Palmer, in Mansel-street, Goodman's- fields, with orders to buy South-Sea and India bonds to the value of 3,400/. against Monday morning following.

Thus the matter rested till Monday the 9th of September: but on the Sunday the prisoner was not wanting in making his preparations. He then appointed one Robert Hall, his taylor, to meet him at Lloyd's coffee-house in Lom. bard-street, at eight o'clock the next morning, without letting him into the secret of what he was to do. Hall went accordingly, and there found one Samuel Lee waiting for Mr. Hales ; an instrument made use of by the prisoner in another transaction, which will one day appear as rank a forgery as this. About nine Hales came, and gave to Hall Mr. Brassey's note for 1,2001. directing him at the same time to go and receive 650%. in guineas, and have it indorsed off. He told Hall, that if he was asked, he should tell them he lived in the Hay-market, or any where else except the real place of his dwelling, and that his name was John Roberts. So here is another sham name and place of abode. He obeyed these orders, received the money, not in gold, but in three Bank-notes; and when the persons in Mr. Brassey's shop enquired his name, he told them John Roberts. Whilst Hall was in the shop, he observed that Mr. Hales walked by; so jealous was he of his agents, or at

least so vigilant to see how things succeeded. Hall delivered the Bank-notes, together with Mr. Brassey's note, on which the 650l. was indorsed off, at Lloyd's coffee house; and afterwards met him again at Janeway's coffeehouse in Cornbill. There Hales returned these Bank-notes to Hall, and ordered him to go to the Bank, and there receive the money upon them in gold. Mr. Hales was still so jealous or impatient, that whilst Hall was at the Bank receiving the money, he took occasion to come in there upon pretence of changing a guinea, and taking no notice of Hall, went away; after which Hall went with him to a tavern, and paid him the 650l. which he received at the Bank.

Gentlemen, thus far the design succeeded well. Here are several good notes obtained, and some cash got, without discovery: but the occasion of that will arise out of the part which Rumsey was to act on the Monday morning.

Gentlemen, you observe there are two notes of Mr. Hoare's behind, whereof no account hath been yet given, viz. that of 70l. and that of 2,100%. payable to sir John Hynde Cotton, to put off which Mr. Rumsey was employed. It will appear, that Mr. Hales kept Rumsey continually with him, and lodged him in his house on Saturday and Sunday; and on Monday morning, when he went into the city, brought Rumsey with him, took care to shew him Mr. Alderman Hankey's shop, and directed him to exchange these two notes for 70 and 2,1007. for Mr. Hankey's notes. Rumsey went to the shop, and they having no difficulty about exchanging Mr. Hoare's notes, accepted them, and gave him two of their own, one for 1,100l. and another for 1,050l. both payable to Samuel Palmer or bearer; and the remaining 201. was paid in money. As to the note for 1,100/. the whole was received upon that at Mr. Alderman Hankey's the same day, by a person who called himself Samuel Lane. Gentlemen, the next part of the transaction relates to the South Sea and India bonds for 5,4007. which had been ordered to be procured by Hals the broker. On Monday morning Kumsey received the money of Mr. Hales, with directions to carry it to Ĥals, and pay for these bonds. Whilst Rumsey was gone to transact this, it appears that Mr. Hales was upon this occasion also uneasy and impatient, thought Rumsey stayed too long, and sent a porter for him to Hals's office, by the name of Thomas Fowler; and that Rumsey answered to that name, and went along with the porter.

Gentlemen, we shall next produce to you the account made up by Mr. Hals or Mr. Cole his partner, which will appear to have been made out in these feigned names, Samuel Palmer, esq. per Thomas Fowler; whereas no such persons had any thing to do in the transaction, but the whole was negociated by Hales and Rumsey. And it will be proved, that whenever the prisoner sent Rumsey upon

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any of these errands, he considered the questions which were likely to be asked, and gave bim instructions how to make proper answers, and some of them in writing.

While these things were transacting, the accident happened that led to the discovery. About eleven o'clock on Monday morning, Mr. Humphreys, a servant of Mr. Hoare and his partners, who carries out notes and receives money abroad, carried the note for 6,400l. to Mr. Gibson's, and, Mr. Phillips the cashkeeper being abroad, left it with Mr. Cramlington, another of the servants, with directions to pay the money upon it to Mr. Bromfield at the Bank, who was to place it to Mr. Hoare's account. When Mr. Phillips came home, he was surprised to find such a note with Mr. Gibson's hand to it; the note not of his own writing, though it is always his practice to write the body of his notes as well as the subscription. And no notice having been given of it by Mr. Gibson, upon this be conceived a suspicion, and resolved not to pay it till he had first spoke to Mr. Jacomb. The note was shewn to Mr. Jacomb, who, upon finding out the rasure, and observing the other circumstances which I at first mentioned to you, immediately suspected it to be a forgery, and took methods for the discovery. He found out, that one of Mr. Hoare's notes had been exchanged for Bank-notes, and traced out the numbers; upon which notice was immediately given at the Bank, that if any of those notes were brought for payment, they should be stopped, and the person secured. It happened soon after this, that Mr. Hales designing to get the remainder of the effects into his pocket, carried Rumsey within sight of the Bank, (who was so ignorant a person, that he asked him whether it was a church) and directed Rumsey to receive money there on two Bank-notes, each for 2001. part of the Bank-notes given out by Mr. Brassey; and thereupon the officers of the Bank stopped Rumsey, and enquired into the matter. Mr. Ramsey was first interrogated how he came by these notes; and after much hesitation and difficulty, at last said, he had them from a gentleman that stayed for him at Robin's coffee-house in the Old Jewry. Upon this they sent a constable, and found Mr. Hales there, having in his hand Mr. Brassey's note for 1,100/. This note he endeavoured to conceal, but was prevented. They brought him to the Bank,and upon search found about him the very effects which were the whole produce of Mr. Hoare's three notes, except about the sum of

which was wanting. He was asked, how he came by them, and by the note signed with Mr. Gibson's name, payable to Watson, with which he procured them. The account he gave was, that he had them from one Mr. Samuel Palmer: but he there declared, that all the effects that he had about him were the produce of this note, and wrote down in a paper how he had disposed of the rest.

Gentlemen, this will appear to you to be the nature of the case; and upon this Mr. Hales

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