OLD BAILEY TRIAL
JOHN MORAN, ANNIE RYAN, ANNIE DINEEN, ELIZABETH GRIFFIN, MARGARET DALEY, Violent Theft > robbery, 1st May 1882.
Reference Number: t18820501-549
549. JOHN MORAN (22), ANNIE RYAN (20), ANNIE DINEEN (19), ELIZABETH GRIFFIN (18), and MARGARET DALEY (18) , Robbery with violence on Edward Phillips, and stealing 1 lbs. MR. SANDERS Prosecuted;
MR. PUROKLL defended Moran.
EDWARD PHILLIPS . I live at John Street, Rochester�I am a bargeman�at about 11 p.m. on 24th March I was in the Swan public-house, Nine Elms, where I saw Ryan and Dineen�I left there with them and went to the Wedge public-house�when we left they took me down a back street, and four women and a man dung round me and got my hands behind me, and Ryan and Dineen out their hands in my trousers pockets�I called "Police," and they all ran away�I cannot swear to the man�it was dark.
Cross-examined by Ryan. I don't recollect going to the Waterman's Arms and having some beer and bread and cheese�I spent 1s. 6d.�I had 30s. when I went to the Swan.
DANIEL SULLIVAN (Policeman JP 377). I was outside the swan when I saw Ryan and Dineen standing outside� Dineen said to Ryan "There is a bargeman inside flashing some coin, we will wait on him"�I spoke to another constable, and we watched the house�when it was closed the prosecutor came out, and Ryan and Dineen caught hold of him, one on each side, and went to another public-house, the Steam Packet, where they stopped about another 20 minutes�they came out and went to the Waterman's Arms beershop�I saw Moran in the public bar�he left it and went into the private bar where they were�he then went back to the public bar�at 12 o'clock the house closed, and I was called away on more important duty�I came back about 1 o'clock to Currey Street about 200 yards from the Waterman's Arms, when I saw the five prisoners and the prosecutor�they had surrounded him and were pressing him against
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the wall�he was shouting "Police," and the other constable and I ran up, and the prisoners ran away�I followed and took Griffin�I did not lose sight of her�I charged her with being concerned with others, not in custody, in robbing "the prosecutor�she said "It's not me; it was the girls Dineen and Ryan "�I took Dineen on 25th March�she said "Going out wearing a hat is enough to give me 18 months "�the prosecutor had been under the influence of drink�he walked to the station all right�there was nothing found on Dineen or Griffin�I was about 23 yards from the prosecutor and the prisoners when I first saw them�I saw them distinctly.
Cross-examined by MR. PURCELL. "When I first saw Moran he came out of the door of the Waterman's Arms�I was eight or nine yards off, across the road�he came out of one door and went into the other�that was shortly before 12 o'clock�I went away for about an hour�when I came back I saw the prisoners surrounding the prosecutor; they had their backs to me�there is a lamp there which threw a light on them�I knew Moran by name before�I did not mention his name at the police-court. Re-examined. I have no doubt as to the prisoners.
CORNELIUS MOYNEHAM (Policeman W 275). I took Ryan into custody on 25th March, and charged her�she said she had been drinking with the prosecutor, but had not had any of his money�there was a sixpence on her.
PATRICK GILMARTY (Policeman W 400). I was with Sullivan in Currey Street, and watched the house with him�when it closed the prosecutor and Ryan and Dineen came out and went to the Waterman's Arms�they went into the private bar�Moran came out of the public bar and went into the private bar�he came out in a couple of minutes and went back to the public bar� Dineen came out and Moran came out afterwards�I left the place and came back and saw all the prisoners and the prosecutor�the prisoners had the prosecutor jammed up against the wall, and some had their hands in his pockets�I was 40 or 50 yards off�the prisoners ran away�I caught Daly�she said "I have not got the money; Ryan and Dineen have got the money if you take them "�I had known Moran long previously�I took him into custody at 10.30 p.m. on Sunday, the 26th March�after the remand I told him I should take him into custody for stealing 25s. from the prosecutor�he said said "All right; I know all about it. I will go with you quietly if you don't knock me about. "
Cross-examined by MR. PURCELL. This was in a beerhouse at Nine Elms, about 300 yards from the Waterman's Arms�Sullivan and I had a perfect view of him when he came out of the Waterman's Arms�I was on the opposite side when I saw them surrounding the prosecutor�I was about 30 or 40 yards off�it is a kind of cross road�the public-houses were all closed then�I heard cries of "Police!"
By the COURT. I did not catch Moran, because he ran away directly he caught sight of us, and ran into his house.
The Prisoners' Statements before the Magistrate. Ryan says: "I didn't have any of his money. I was only drinking with him, and have done so before. He spent 4s. 2d. in drink with us." Dineen says: "I am innocent of his money or anything of his. I never saw him before and was never in his presence before." Origin says: "I have nothing to say. If the prosecutor can recognise me as having seen me before, let
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him do so. "Daley says: "Griffin and I, at about half-past 12 o'clock, met a young man, who told me my brother was locked up. I heard something, and ran up, and saw the prosecutor and Ryan and Dineen, but what they were doing I don't know. The policeman came up, and took me. I can get a character for six years. Moron says: " I have witnesses to prove that I was in bed at the time, and Sullivan, whenever meet him, tells me he must have me. As late as two months ago he said he would give me six months."
NOT GUILTY .
GEORGE PULLEN, Theft > pocketpicking, 23rd October 1837.
Reference Number: t18371023-2264
Offence: Theft > pocketpicking
Verdict: Guilty > no_subcategory
Punishment: Imprisonment > no_subcategory
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2264. GEORGE PULLEN was indicted for stealing, on the 6th of October, 1 handkerchief, value 5s. to the goods of Joseph Harper, from his person.
JOSEPH HARPER . I live in Northampton-terrace, City-road. On the 6th of October I was going down Pentonville-hill�I felt a tug and missed my handkerchief�I turned, and saw the prisoner running with it�I followed�he was stopped by a policeman and dropped it.
MICHAEL SULLIVAN (police-constable N 256.) I heard a cry of "Stop thief;" saw the prisoner running, and stopped him�I did not see him drop this.
JOHN FARROW (police-constable N 167.) At half-past ten o'clock that evening I saw the prisoner run down Collin-street�I turned the corner, and my brother officer had stopped him�I found this handkerchief dote against the wall, near where he was stopped�no one could have dropped it but him.
Prisoner. I hope you will forgive me this time�this is my first offence
(The prisoner received a good character.)
GUILTY . Aged 18.� Confined Six Months; Six Weeks Solitary.
Ordinary's Account, 25th October 1706.
Reference Number: OA17061025
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The ORDINARY of NEWGATE his Account of the Behaviour, Confession, and last Speech of Mr . Roger Lowen, who was Executed on Friday the 25th of October 1706, at Turnham-Green, for the Murther by him committed there, on the 20th of Sebtember last, upon the Body of Mr . Richard Lloyd.
AT the Sessions held at Justice-Hall in the Old-Baily, on Wednesday the 16th and Thursday the 17th Instant, Six Persons received Sentence of Death, viz. Four Women for Shop-Lifting an Old Man for Robbing a House, and the Gentleman above mentioned, for Murther. This last is the only Person now order'd for Execution; two of the Women being respited upon their Pregnancy, and the other two, with the Old Man, reprieved by the QUEEN's gracious Mercy; which the Lord grant they may improve as intended.
After their Condemnation I visited them twice every day, and on the last LORDS-DAY, the 20th instant, I preached to them, both in the Forenoon and Afternoon, upon part of the Gospel for the Day, viz. Matt. Chap 18. the former part of the 34th Verse. And his Lord was wroth, and delivered him to the Tormenter.
Which Words led me to the opening of the Parable, whereof they are a part. In which Parable our Blessed Saviour teaches us to forgive Injuries, and by no means seek for Revenge; but on the contrary be ready to repay ill turns with good ones; To love our Enemies; To bless them that curse us; To do good to them that hate us, and pray for them who despitiflly use us and persecute us, This is his express command Matt. 5. 44. By which we are let to understand how much, yea how indispensable we are bound always to entertain a good Will in our Hearts: Always to have a Spirit of Love and Charity towards all Men; Christ shewing us particularly in the Text, the Severe Punishment of that Bankrupt, that hard-hearted Servant therein mention'd, who having had no Mercy on his Fellow, had likewise, upon that account, no Mercy shew'd to him. He had angred and incens'd his Lord against him, by his Iuhumanity and Cruelty towards another: And so was order'd to condign Punishment. His Lord was wroth (Saith the Text) and deliver'd him to the Tormenters.
That we may know the right meaning of this; How far it reaches, and how much every man that wants Christian Love is concern'd in the Parable before us, we have the Application of it made very plainly in the Words immediately following the Text; in which we are told, That God will not forgive the Sins of those Persons, who do not from their hearts forgive them that have done them injury.
From which it evidently appears, That if we are oblig'd to have so much Love and Charity for our Neighbours, as to pardon freely, and entirely all the wrong we may have received from them; it is without doubt, I almost said, much more, our Duty to keep ourselves from doing any hur to such as never were hurtful to us; but shew'd themselves of a peaceable and quiet Disposition.
I would desire every one that hears me to let this sink into his heart; To consider seriously and without partiality whether he has not been guilty of the Breach of Christian Love: And whether he has not gone so far in that Breach as to have harm'd the Harmless and injured the Innocent. And when he finds he has done so; let him be advised to make what amends and Preparation he can, and speedily repent and return to a right mind; lest he provoke God's Wrath to such a degree, as to draw down Vengeance upon him, and he be deliver'd, not only to a Temporal, but to an Eternal Death; Not only to the Executioner here, but to the Tormenter hereafter; i. e. to the Devil, and all the Griefs and Pains, Racks, Tortures and Torments of Hell.
Now, what those Torments are, You may do well to think and consider, that so the serious thoughts and due Consideration thereof may through God's Grace and Mercy, effectually affright you into the happy avoiding of them.
The Torments of Hell into which the Cruel, the Merciless, and all other Sinners shall be adjudged, unless they repent, are of such a Nature, as all the the conceived Torments and Miseries of this World put together cannot come up to them, nor fully expresse them. But the Scripture condescending to our own apprehensions, is used to represent them to us under those Emblems and Metaphors, that are most proper to convey the horror of them into our Minds, and make us sensible that they are great and intolerable indeed.
1. Eternal Darkness,
2. Unquenchable Fire.
3. The Worm never dying.
4. Bonds, Chains, and Fetters that cannot be broken.
5. The Company of horrid Fiends and Devils.
6. Bitter Weeping and Wailing, and Gnashing of Teeth.
These are the Things by which the Torments of Hell are describ'd to us in the Gospel: And much greater, yea infinitly greater they are, than any notion we can have of them in this World. They are inexpressible and unconceivable. Who can comprehend the Meseries of the Damned, both as to their Pain of Loss, and their Pain of Sense?
In those two consists their dreadful Punishment: And they seem to be both pointed at in the Text.
I. The Wrath of God, by which he excludes and banishes them for ever from his Beatifick Presence. This is the Pain of Loss.
II. The Delivering of them to the Tormenters. This is the Pain of Sense.
On these two Heads I inlarged, and concluded the Whole with a particular Exhortation and Application to the Condemned, who were attentive.
Roger Lowen, who is the melancholy Subject of the following Account, was a German Gentleman about 40 years of age born (as he told me) at Hanover, and brought up in the Lutheran Church. He said, that he had been a Gentleman of the Querry to the late Duke of Zell; and that before he was entertain'd in that Service, the Duke (in consideration of his Father, that was his Huntsman) sent him into France to learn his Exercises, at his Highness's Charge. He spoke French very well, and it was that Language in which I frequently conversed with him, and he made his Confession to me; which was to this effect; viz. That he had not lived according to that Knowledge he had in Religion, and that (like many other Gentlemen, who mind nothing but the sinful Pleasures of this present Life, he had been very loose and extravagant. He readily confess'd that he had assaulted, and for a long time before design'd to kill Mr . Richard Lloyd; but for a great while before his Tryal and even some time after it, he seem'd to doubt very much of that Gentleman's Death; saying, that it was impossible he should have dy'd of of the Wounds he gave him. But when he was at last convinc'd, that he was really dead; then he appeared to be sensible that he had committed a very base and heinous Crime, and express'd great Sorrow for it. And this was so much the more afflictive to his now awaken'd Mind, by how much he consider'd the enormity of that bloody Fact, both as to the Nature of it, and the manner of his committing it; and withall the Unreasonableness of that Jealousy which had prov'd the unhappy occasion of it. After his Condemnation he seem'd to apply himself in good earnest to his Devotions; in which he was principally directed by two Reverend Divines of his own Church and Nation, viz. Mr. Ruperti and Mr. Idzardi, who did (together with me) labour to make him sensible that the Crime for which he was justly to die, was both in it self, and in the heinous Circumstances attending it, most base, barbarous and inhumane, and required a degree of Repentance proportionable to the height of that Stain and Guilt which it had brought upon his Soul. And therefore had great need of the Blood of Christ to wash him clean, and of God's extraordinary Help and Mercy, (which he ought to implore) if ever he expected to avoid the Eternal Wrath and Vengeance of the Just Judge of the whole World. He acquiesced in all that was said to him on this Account, and desired our Prayers for him; That God would be graciously pleased to forgive him both this crying bloody Sin, and all his former Wicked Acts of Pride, Lewdness and Debauchery; all the Errors, Follies, and Vices of his mispent Life, and his Neglect of Religious Duties; for which (he said) he heartily begg'd God's Pardon, and theirs whom he had any was offended.
At the Place of Execution, where he was attended, not only by me, but by those two Worthy German Ministers, who had constantly visited him while under Confinement, he deliver'd me a Paper containing his Last Speech to the World. Which Paper being in the German Tongue, I have got it translated into English, as follows.
It is already known to the World for what reason I am now brought to this Place, and am to suffer this shameful Death, viz. for my having Shed innocent Blood. I do acknowledge the Fact, and confess my Fault, and rest satisfy'd of the just Sentence past upon me; it being agreeable to the Laws of the Land, and the Command of God, That Whosoever shadeth Man's Blood, by Man shall his Blood be shed, for God has made Man after his own Jmage. I was born of honest and Christian Parents; my Father was an Englishman, and my Mother a German: I was educated from my Youth in the Protestant Religion. I declare before God and Man, That I always had an abhorrence and aversion to Actions of this kind, and have taken great care in all the Course of my Life to avoid them: And though I often had the
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opportunity of taking away the Life of my Adversaries in ungodly Duels and Quarels; yet, I take God to Witnass, as a dying Man, I never was guilty of any Murther before this, for which I justly suffer. I am therefore the more grieved now, that I have been moved to so great a Passion, as to study Revenge, by the Instigation of the Devil and Sinfull Jealousy, which made me think (as I was perswaded by Mr. Crusius) that my Wife was marry'd in my absence with the Deceased. This is the unhappy thing th brought me to the Commission of this horrid Sin, which I heartily bewail with tears; and I do submit to my just Punishment. I am deeply sensible how greatly I have offended Almighty God; and therefore humbly implore his Pardon and Forgiveness, and that my Sinfull Soul may be washed from my Sins in the Blood of Sprinkling, that precious Blood shed by my Redeemer, which speaks better things than the Blood of Abel: And having the Promises from the Word af God, and his own Oath, That whensoever a Sinner truly repents and turns to him, he is willing to receive hlm and to forgive him, herein is the only Hope and Comfort of my departing Soul. I likewise humbly beg the Pardon of her Most gracious Majesty Queen ANN (whom God bless) and publickly ask Pardon of the Widow of the Deacesed Mr. Lloyd, as I have done already by a Letter which I have left unsealed with Mr. Rup. Minister at the Savoy &c. to send it to her, hoping she will (as a Christian) forgive me, as we all hope for Mercy and Forgiveness from God, through the Blood of Christ. In like manner I ask Pardon of my dear Wife, which has been many ways injured by this sad Occasion; and I sincerely declare that I am fully satisfy'd of her Innocence, and that I was jealous without a Cause; And I do not in any respect ascribe to her the Cause of my Misfortune. I truly love her, and assure the World that I have never been marry'd to any other Woman; and I pray heartily for her Prosperity and Happiness both of Soul and Body. Lastly, I desire all good People for God's sake earnestly to pray for the Salvation of my poor Sonl; and I exhort all to take Warning by my sad Misfortune, That they would not give way to Jealousy, Anger, Revenge, or such like Passions; but resist the Temptations of the Devil, the World and the Flesh, with constant and devout Prayer to God, and forgive their Enemies, and pray for them. All which I heartily and sincerely do, as I hope God will forgive me for Christ's sake.
ROGER LOWEN.
After Mr. Lowen had written this his Last Speech in order to his delivering it to me, as he did, at the Place of Execution; he had the great comfort to receive an Answer to his Letter therein mention'd; in which Mrs. Lloyd shew'd so much Christian Charity as to signify to him, That she forgave him, and pray that God would forgive him also, and have Mercy upon his Soul.
This is all the Account here to be given of this Dying Gentleman, by
PAUL LORRAIN, Ordinary of Newgate.
Friday, October 25. 1706.
��� Whereas some Persons take the Liberty of putting of Sham-Papers, pretending to give an Account of the Malefactors that are Executed; in which Papers they are so defective and unjust, as sometimes to mistake even their Names and Crimes, and often misrepresent the State they plainly appear to be in under their Condemnation, and at the time of their Death. To prevent which great Abuses, These are to give Notice, That the only true Account of the Dying Criminals, is that which comes out the next Day after their Execution, about 9 in the Morning, the Title whereof constantly begins with these Words, The ORDINARY of NEWGATE his Account of the Behaviour, &c. In which Paper (always Printed on both sides the better to distinguish it from Connterfeits) are set down the Heads of the several Sermons' Preach'd before the Condemned: And after their Confessions and Prayers, and Atestation thereto under the Ordinary's Hand, that is, his Name at length; and at the bottom the Printer's Name, Dryden Leach; which if the Readers would but observe, they would avoid those scandalous Cheats so constanly impos'a upon them.
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ROBERT DEWAR, Deception > forgery, 10th December 1783.
Reference Number: t17831210-59
Offence: Deception > forgery
Verdict: Guilty
Punishment: Death
Related Material: Associated Records
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56. ROBERT DEWAR, otherwise DEWARS, otherwise DEEWAR , was
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indicted, for that he, on the 15th of July last, did falsly and feloniously make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited a certain will and testament, partly printed, and partly written, purporting to be the last will and testament of Shaw Fergussoon , devising to his brother, John Fergussoon , all his wages, and appointing him executor; and which said forged will was dated the 22d of July, 1780, with intention to defraud our Sovereign Lord the King . A second count for uttering the same with the like intention. A third and fourth counts the same as the first and second, with intention to defraud Isaac Barre , Esq. And a fifth and sixth counts, with intention to defraud Donald Farquharson .
Mr. Silvester of Councel for the Prosecution, thus opened the Case.
Gentlemen of the Jury, this is an indictment for the crime of forgery, and before this offence could be carried into effect, the person committing it must also have been guilty of the crime of perjury, for he must have sworn he was the executor under that will, by which means he obtained the probate. Some time since, a man of the name of Farquharson died; the prisoner by some means heard, that enquiries were making for his executor, for there was a great deal of wages due to him. That gave the prisoner the idea of setting up a will; he immediately went to the Commons, and there produced a will in the name of Shaw Furgussoon ; he then obtained from the Pay Office, at Chatham, twenty-four pounds, ten shillings and six-pence, as wages due to the deceased: but to avoid any enquiry that might be made of him, he then produced a power of attorney, made from the said John Fergussoon , to him, Robert Dewar ; there he produced the will and the power of attorney, and he actually received the sum of twenty-four pounds, ten shillings and six-pence. There was a further sum of eight pounds, ten shillings and sixpence due to the deceased at the Pay Office, in Broad-street, for serving on board the Charles-town; he there applied to a gentleman of the name of Giles, a navy agent, to receive those wages; Giles received the wages at the Office, but before he had paid it over to the prisoner, a man of the name of Donald Farquharson applied for the wages really due; he applied and produced letters of administration taken out to his brother, who died intestate. The prisoner when he came to receive the money was detained, and upon enquiry it was found out, that this man died intenstate, but never had any brother of the name of John. Gentlemen, it will be in proof to you, first of all, that the prisoner went to the Commons in the name of John Furgussoon , and obtained the probate of the will; then he applied to Chatham, in his own name of Robert Dewar , under a power of attorney from that supposed John Furgussoon , by which means he received that money; he also applied to Mr. Giles, by the name of Dewar, his real name, under that power of attorney. It will also be in evidence to you, that Donald Farquharson is the brother of the deceased, that the will is not the hand-writing of the deceased, and that he never had a brother of the name of John. Gentlemen, this is a complicated offence, involving in it, not only the crime of forgery, but the aggravated crime of perjury; and if the facts are proved to your satisfaction, I doubt not but you, by your verdict, will find the prisoner guilty of the offence charged against him in the indictment.
Court. As the prisoner has no councel, I must have the indictment to compare it with the will.
WILLIAM CLARKSON sworn.
I am a clerk in the Prerogative Office, I produce the original will from the Commons.
Do you know any thing of any probate being granted on that will? - I remember searching for it, and entering the name on the calender; Mr. Lushington's clerk came to me, and I entered it in the book.
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To whom was the probate granted? - To the person whose name is there.
Do you know that person? - I do not.
Has that probate been called in? - Yes it has, and revoked by interlocutory decree.
Court. That is no evidence; this goes no further than that the probate of a will of which that is the original, was granted to a man that came with Mr. Lushington's clerk.
GEORGE SWEETENBURGH sworn.
I am clerk to Mr. Lushington, the prisoner at the bar applied to me about a will, I believe it was the 15th of July, it will appear by the jurata on the will, he applied to me in the name of John Furgurson , he said he had got a will to prove, I took the will and looked at it, and in the usual way I wrote the jurata at the back, he said he spelt his name Furgurson.
Did he take the usual oath? - He did, it was administered to him by Dr. Ducarrell.
Court. What is the name of the deceased on that will? - The name is spelt differently, Fergusoon.
What is the Christian name? - Shaw.
Is that the will that you have in your hand that he produced as the original will? - Yes.
What is wrote on the back? - It is only the description.
Who gave it you? - The prisoner gave it me, except two words that are written by the clerk (reads)
"Testator Shaw Furgursoon ,
"alias Farquharson, alias Furgusson,
"was late belonging to his Majesty's
"ship Roebuck, Charles Town
"and Providence, and died 16th April,
"1781." Probate has been granted on that will, and has been called in by act of Court.
(The act of Court produced by Mr. Clarkson.)
Court. Was citation served on the prisoner? - I do not know that it has, but it must of course.
Court. We cannot take that for granted,
(Reads.)
"Farquharson against Dewar."
(This is the certificate of the decree, it is entered short.)
"The parties being called and not appearing,
"the Judge on motion of the advocate,
"has by his interlocutory decree
"confirmed the admonition of Donald Farquharson ." - The name being spelt so very different after the probate had been granted, the brother got administration in the real name.
Court to Clarkson. What is that book? - It is a minute book.
Do you afterwards draw up a regular form of the Court's proceedings? - They are afterwards extended, they are registered on large folio paper, and bound up, but this is not entered yet; this is the minute of the sentence, it is the best and only proof we have at present.
The will read and compared with the indictment by the Court.
Signed
" Shaw Furgursoon ." Signed, sealed, published and declared, in the presence of James Styeels , Robert Dewar .
"15th July 1783, John Furgussoon , brother of the deceased, and sole executor, was duly sworn, &c. and that the deceased died
"and Col. Ducarrell . Testator Shaw Furgussoon proved at London, by the oath of John Furgussoon to whom administration was granted.
Captain GREGOR FARQUHARSON sworn.
Court to Mr. Sylvester. This evidence that you are now enquiring into is not evidence of the forgery, for Shaw Farquharson might leave this to a brother that is dead; this is confirmatory evidence.
Mr. Sylvester to Captain Gregor Farquharson . You are brother to Shaw Farquharson ? - I had a brother on board the Roebuck of the name of Shaw Farquharson .
What relations besides yourself are living now of that brother? - There is another brother Donald, and a sister.
See original
Did he leave any children? - Neither wife nor child.
Court. Then he is intitled, if his brother died intestate, to a share of his wages as his personal representative; the will is an act containing an bequest to John Furgussoon, and to him alone, and afterwards appointing him sole executor, he is therefore certainly an intereste d witness.
Mr. Sylvester. My Lord he shall execute a release.
JAMES RUTHERFORD sworn.
Mr. Sylvester. Did you know a man of the name of Shaw Farquharson? - Yes.
Did you know that Gregor Farquharson ? - I cannot say I did, I knew Shaw Farquharson , he was a servant of mine.
What was his name? - Shaw Farquharson .
Do you know his hand-writing? - I have a letter in my pocket from him.
Have you seen him write? - Yes, many times, he lived a servant with me better than four years, ( looks at the will) this is not his hand-writing, I can take upon me to say; he went from me to the Roebuck, I have a letter in my pocket from him from Corke on board the Roebuck, he had been a voyage in her and returned again, but whether he went on board again I do not know.
Do you know Donald Fergusson ? - I do, he was at my house many times.
They were brothers? - He always called him his brother, I cannot say whether they were or not.
Court. Are you pretty clear that is not his hand-writing? - I am clear about it.
Donald Farquharson called into Court.
Mr. Sylvester. Is that the person you mean? - Yes it is, that is the person he always called brother.
Do you recollect how he spelt his name? - Yes.
How was it? - Farquharson,
Does that resemble this hand-writing at all? - Not at all that name is wrote with a small F. he always used a large one.
You think it is not in his hand-writing, and has no resemblance to it? - I think it is not, I am sure it is not.
PETER FARQUHARSON sworn.
You are no relation to Shaw Farquharson , I believe? - None.
Did you know the family? - That brother only.
Did you know Shaw Farquharson ? - Perfectly.
Did you know that man Gregor Farquharson ? - I only saw him a few times, I last saw Shaw Farquharson at New York on board the Roebuck, between Staten-Island and the main land, I have known them go as brothers for ten years.
Have you frequently seen him write? - I have.
Look at that (Looks at the will)? - No, I cannot think this to be any of his writing.
Is it part his hand-writing? - None at all as far as I can judge, it is neither spelt nor wrote like it.
GEORGE ARNOLD sworn.
I produce the Roebuck book, it is there spelt Shaw Ferguson .
Is there any other Shaw Ferguson in the Roebuck book? - There is no other Shaw Ferguson of any kind of spelling in the Roebuck book.
Court. Have you examined the book thoroughly? - I have looked every name through with great care, and there is no name of Shaw Ferguson but that one, there is no name that is like it.
The Remainder of this Trial in the next PART which will be Published in a few Days.
Old Bailey Proceedings front matter, 10th December 1783.
Reference Number: t17831210-59
User Wiki: Corrections; Add Information
See original
THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;
Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON
TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.
NUMBER I. PART VI.
LONDON:
Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.
MDCCLXXXIII.
[PRICE SIX-PENCE.]
See original
THE WHOLE PROCEEDINGS UPON THE
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
Continuation of the Trial of Robert Dewar .
Jury. Who writes the names in that book? - The Captain's clerk.
JAMES ENGLISH LAWTON sworn.
This is the Charles Town book, in which he died the 16th of April 1781, the name is Shaw Furgeson :
What ship did he come from? - From the Providence into the Charlestown.
Arnold. He was discharged from the Roebuck to the Providence the 17th of May 1780.
JASPER ALLEN sworn.
This is the Providence book.
Is there a man named Shaw Ferguson there? - Yes, it is spelt Ferquhoson, he came from the Roebuck the 23d of May 1780, to the Providence; there is no other Shaw Ferguson on board the Providence, he was discharged the 14th of July 1780, to the Charles Town frigate.
Lawson. He is entered here the 15th.
JAMES MALPAS sworn.
I am clerk to the treasurer of the navy, for paying seamens wages at Chatham.
Did you ever see the prisoner? - I cannot call to my mind that I have, I have paid so many thousands of pounds since, I cannot recollect: a person came to the Pay-Office by the name of Robert Dewar .
Court. I cannot admit any evidence of another person.
Mr. Sylvester. Do you know who you paid the money to? - I cannot recollect.
What entry did you make in your book?
Court. The entry is no evidence.
Mr. Fielding. You know the name?
Court. That will not do.
Mr. Fielding. He may say what he knows, and that may be carried into evidence as strong as can be by and by.
JOHN GILES sworn.
I am a navy agent.
Was you applied to at any time by the prisoner? - Yes, I was.
For what? - To receive some wages belonging to one Shaw Ferguson , for the Charles Town .
Had you any conversation with him? - Nothing particular, he only brought the necessary papers to receive the wages.
See original
What papers? - The probate of Shaw Ferguson 's will, with the will annexed, and a power made to him by the name of Robert Dewar .
Is that the paper? - I cannot be particular to it, it was a power of attorney to one Robert Dewar ; he told me his name was Dewar, and that he had that from John Ferguson , who was executor to Shaw Ferguson : I received 8 l. 10 s. 6 d. the first time I applied; I hold the money still, because another probate appeared at that time.
Had you ever any conversation with him about the Roebuck? - No, never, only about the Charles-Town.
Court. For what purpose did the prisoner apply to you? - To recover for him the wages due to Shaw Ferguson , of the Charles Town : he said his name was Dewar.
Did you receive those wages for him? - Yes.
Jury. Do you know the person of the prisoner? - He is the same man that brought the papers to me, I have not the least doubt of it; I am very sure of it.
Did you ever see him before? - No.
GEGORY FARQUHARSON sworn.
(A release was produced to the Administrator in order to quality him for a witness.)
Court. Have you received any promise from Donald Farquharson to give you the release back again, after the tryal is over? - None at all.
Or to pay you the share not with standing? - None at all, nor would I take it.
Mr. Sylvester. What other brothers have you? - This is the only brother now alive; there were many brothers, but they are all dead in the service.
Have you any one of the name of John? - None, that ever came to maturity; I recollect one that died an infant.
Look at the will; is that at all like your brother's hand writing? - It is not at all.
Do you know of his being on board the other ship as well as the Roebuck? - Yes, he wrote to me.
Court. You must not tell us what he wrote.
Court to Mr. Sylvester. You should identify that power of attorney; how came it into your hands.
Giles. I delivered the power of attorney to Donald.
Court. Look at it. - That is the same signing.
Look at the witnesses? - I think to the best of my knowledge, it is the same paper: I believe it to be the same from my inspection of it at the time.
Court. You cannot, to be sure, upon memory, undertake to swear positively that it is the same, but you believe this to be the same? - Yes, I believe it to be the same.
Court. This appears upon the face of it, to have been executed by a man calling himself John Ferguson , before the Lord Mayor.
Court to Sweetenburgh. Be so good as to recollect back as distinctly as you can, the particulars that passed between the prisoner and you, when he first applied to you, and that was to procure probate of a will for him which will be produced? - Yes.
Did he apply to you at first as John Ferguson the executor, or as acting on his behalf? - He applied as the executor of the will; I am quite sure of that, otherwise he must have produced a power of attorney; I am very sure he produced none.
Can you trace the day on which he applied to you? - It appears by the jurata of the will, the 15th of July.
Court. This letter of attorney is not dated till the 4th day of September.
Court to Prisoner. Now is your time to make your defence.
Prisoner. I am deaf, I have not heard a word of what has been said.
( Here the learned Judge recapitulated the whole of the evidence aloud to the Prisoner.)
See original
PRISONER's DEFENCE.
I had two witnesses here but they failed me, as my trial did not come on last sessions; they knew this John Ferguson gave me these papers: I had but little acquaintance with him, I only saw him about February last; he said nothing to me then, but in about a fortnight afterwards he called on me; says he, Mr. Dewar, I have a brother dead in America, and he has wages due, and he said, he had been offered money to let a man administer, but the man could not stop till the money was paid; so he went away: I saw no more of him till I think it was the 22d or 23d of July: will you ask that gentleman Whether the man that gave that the will not a red coat on, or a frock on; he says it was me?
Court to Sweetenburgh. How was the fact? - The prisoner had a red coat on; he was alone.
PRISONER's DEFENCE CONTINUED.
That was the corporal belonging to the marines, a townsman and countryman of this John Ferguson 's, that had lent him the money to administer; his name was Cameron: John Ferguson is dead; he died the 14th of September last; and this Cameron and him were constantly together, and about a week after I came from Chatham, they came and brought me this probate, I had never seen them before, I would not take it: one of the Crimps said, you had better go and receive the money yourself; I said, I would have nothing to do with it; says he, be so good, when my money is received, to take the money and I will write to you to remit me some; I told him I would not, and Mr. Giles knows very well that he had it till the 1st day of September; it was on Monday I think, I called on him in the morning: I had a letter from this John Ferguson ; I called on him and said, have you received any money; says he no; says I, I am going to Chatham to night; then says he, take these papers with you, and receive the money: I took the papers along with me, and I received the money, twenty-four pounds, ten shillings, and sixpence, I received faithfully, and honestly I came home the same night, and John Ferguson he came to me, and I paid him part of the money: I told him there is an account between you and I: this corporal he came along with him, I appointed him to come on Friday and settle; he came on Friday; I was not; at home: he did not come any more till Monday, then he came about eleven o'clock, and he called my wife if I had any money for him; she said, she did not know, and she gave him a little money, and he staid and had some victuals: when I came home he was laid down on the bed, he said he was sick; he said he must go to his quarters, when he got up he could not stir or wag; he said he would not go home, he lived somewhere about Spitalfields, I got him a bed, I saw him in bed; the next morning I went to see how he was; I employed an eminent surgeon that lives down in Wapping, I employed a woman nurse and laundress and every thing I could get, and he lived till the next Monday, and he died; he had a sister, I went and told her and she came; he did not want too see her, she had affronted him some how or other, she went and brought a Roman priest to him, that was the first time that ever I knew he was a Roman or papist: after the priest was gone, I said, says I, John, I did not know you was a papist? says he, all our family are? says I, I am very sorry for it, I never had much liking to them in my life; if I had known you had been a papist I would have had nothing to say to you; he died on the Monday, and on the Wednesday he was buried: I took a thought within myself, as Mr. Giles had got the power of attorney and the administration, now this man is dead, these things are of no value, I will go and ask Mr. Giles for them: when I came to him he asked me to sit down; he said, says he, there has been a young man who says he is the brother of Shaw Ferguson ,
See original
and this will to John Ferguson is a forgery; says I, I have lived forty-nine years in his Majesty's service, and never had a blemish in my lifetime, I said, if I get into trouble as I am not at all concerned in the affair, I will see the end of it, if it costs me my life; Says he, when will you call again; now it was not likely I should come again; by my own consent to see my prosecutor: I am a man that never robbed man, woman, or child: I am no more guilty of forgery or any thing of the kind, than any gentleman in this house.
Court to Giles. Is the circumstance he has related true? - A few words of it are.
After you told him this was suspected to be a forgery, did he afterwards appoint a time to come and meet the brother of Ferguson, and did he come? - Yes: I followed him, after I had received the money, I told him, if you come next Saturday I will endeavour to settle with you, and he came on the Friday following, says I, come tomorrow to my house, and he came accordingly.
Court to Giles. Did you know this man at all? - I never saw him before.
Jury. Was his coming to you voluntary? - Entirely voluntary.
Court to Arnold. When was Shaw Farquharson turned over from the Roebuck to the Providence? - On the 17th of May, 1780.
Court to Lawson. When did he pass from the Providence to the Charles Town ? - The 15th of July, 1780.
Court. He died on board the Charles Town , the 16th of April, 1781? - Yes, Robert at sea.
Are there any men on board the Charles Town of the name of James Styeels or Dewar?
Lawson. I do not find any such names either on that or the Roebuck.
Mr. Sylvester. Is there any on board the Providence? - No.
Court to Prisoner. Have you any witnesses to prove there was such a man as John Ferguson ?
Prisoner. Lord bless you, they are all his relations, there is his sister lives down in Wapping, she said, before the Lord Mayor, because I had scandalized her brother, that if she could, she would go to Tyburn and pull my feet down, there are people, I can prove, and I can bring the man and the woman that buried him; one Mr. Britain in Church Lane that buried him, and I went to church with him myself.
Court. You have no witnesses here to prove that? - No I have not, but I can get them if you will give me time; when this Donald Fergusson went to Mr. Giles's, when I went to wait on him there, he and I had some words, and so when he looked over the will, and saw this Shaw Ferguson was only Ferguson, and his name is Farquharson, he said, and Mr. Giles heard him, says he, this can not be the man, we had better let him alone, till we find out the certainty of it: He was gone almost an hour, and I sat with Mr. Giles, and he came back and brought a constable and sent me to the Compter. On the Sunday after I was there, there came an elder brother of this Farquharson, says he, I want to ask you a question, I am Donald Ferguson 's brother your prosecutor, says he, come in here, I went into the little room, says he, did you know one Shaw Ferguson belonging to the Roebuck; no, Sir, says I, says he, they are all fools together, for my brother Shaw Ferguson is not dead now, I have a letter I received from him: I have ten witnesses that can prove that.
Court. Who said so? - Gregor Farquharson ; I suppose I have ten witnesses in the Compter that heard it, and will take their oaths of it.
Gregor Farquharson . My Lord, shall I relate the story?
Court. Is what he says true? - Some words are, but not all.
Did you tell him that your brother Shaw Farquharson was not dead, but you received
See original
a letter? - I told him I had not heard of my brother's death till I saw it in the newspaper.
Did you tell him that your brother was not dead? - No, I did not.
Or that you received a letter from him? - No, I did not.
Prisoner. I belonged to the army, I have a man here somewhere that was in the regiment along with me; I suppose I have one of the best of characters in the army ; I receive a pension from his Majesty's service; for forty-nine years and one month, I served my King and country, and now I am seventy-two years of age.
ROBERT RICE sworn.
I am a shoe-maker, I live in Great Montague Court, Little Britain; I knew the prisoner about two years, and during the time I knew him, he had an exceeding good character, no man could bear a better; I was discharged from the said company that he commanded five years last August.
The Jury withdrew for some time, and returned with a verdict
GUILTY , Death .
Tried by the first London Jury before Mr. RECORDER.
Old Bailey Proceedings front matter, 10th December 1783.
Reference Number: t17831210-59
User Wiki: Corrections; Add Information
See original
THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1783, and the following Days;
Being the FIRST SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON
TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.
NUMBER I. PART VI.
LONDON:
Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.
MDCCLXXXIII.
[PRICE SIX-PENCE.]
See original
THE WHOLE PROCEEDINGS UPON THE
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.