Carlisle Patriot, 11 Mar 1826 - Cumberland Lent Assizes (15)

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Saturday 11 Mar 1826   (p. 2, col. 6 - p. 3, col. 6; and p. 4, col. 1-3)

 

CUMBERLAND LENT ASSIZES, 1926.

 

[continued]

 

FORGERY—EMBEZZLEMENT—PERJURY.

 

WILLIAM MOOR, aged 43, of Houghton, near Carlisle, was put to the bar, on Saturday, and arraigned on four indictments:

 

1. For that he, on the 5th of June last, feloniously uttered as true, a false warrant for the payment of money, with intent to defraud John LAWSON.

 

2. For having in possession and uttering a bill of exchange, with the forged indorsement on it of "John LAWSON," with intent to defraud Archibald SCOTT, banker, Carlisle.

 

3. For feloniously concealing and embezzling, on the 1st of July last, certain bills of Exchange, after he became a Bankrupt. The second count charged the offence, "for not disclosing how he had disposed of the said bills of exchange," with the intention of defrauding his creditors.

 

4. For perjury, committed before the commissioners of bankrupt, on the 23d of September, when he swore that he knew nothing of such bills of exchange, &c.

 

The prisoner pleaded not guilty to the whole. He was then tried on the first indictment.

 

Mr. COURTENAY led on the part of the prosecution; Mr. ALDERSON for the defence.

 

Mr. COURTENAY opened the case at some length. This, he said, was not a charge of uttering a promissory note, as in the preceding case, but of a cheque for the payment of money by a banker. The prisoner at the bar was formerly a butter and bacon factor, in this neighbourhood, and failed. In 1823, he resumed that business; and not being likely to get credit, without security, he prevailed upon his brother-in-law, Mr. John LAWSON of Kirkbampton, in this county, to join him, and they opened an account with Mr. David CARRICK, of Carlisle, banker. One of the conditions of this connection was, that all money drawn from the bank should be drawn jointly; and from time to time the prisoner was in the habit of presenting cheques and bills with Mr. LAWSON's name on them. Some of these instruments not having been paid, it was confessed by Mr. LAWSON (who is now dead) that his name had been put upon them without his knowledge or authority. The present charge was, that the prisoner had forged the name of "John LAWSON" upon a cheque for £50, and obtained the money thereon of Mr. CARRICK. The real question was, did the prisoner know that this name was a forgery or not at the time that he uttered the cheque? for the forgery would be proved beyond doubt. The case was very different from a promissory note. LAWSON was the prisoner's relation; he was responsible to the bank for him; he had had frequent dealings with him, and had often seen him write; he must therefore have been well acquainted with his handwriting. It would be proved that at the time he uttered this cheque, he had also uttered drafts to the amount of from two to three thousand pounds, to all of which he signed LAWSON's name. On presenting them at the Bank, the clerk, observing a variation in the signature "John LAWSON," mentioned it to MOOR, and he endeavoured to account for it by saying that his brother-in-law had signed in various situations, sometimes even on his hat in the field, and sometimes in the house. What defence the prisoner intended to make to this charge, he (Mr. C.) could not exactly tell; perhaps it would be said that the prisoner had authority; but this could not avail him, for LAWSON had gone to the Bank and there declared that he neither signed nor gave authority, not merely for the cheque in question, but a great many others which had been presented and cashed under similar circumstances.

 

Joseph POTTS called.—I am a clerk in the Bank of Mr. CARRICK, banker, Carlisle, and have been with him seven years. I know the prisoner, Wm. MOOR. He opened an account at the Bank in July 1823. On the 5th June, 1824, he came and in person presented a cheque for £50, and received £50 in notes; I knew the late Mr. John LAWSON; he was alive when this occurred. I had frequently seen him write; and can say that the signature, "John LAWSON," to this cheque, is not his hand-writing. We had received many other cheques signed "John LAWSON;" but I do not recollect mentioning to the prisoner any thing about variance in the different hand-writings.

 

A bundle of cheques was handed in, and witness selected five, signed "John LAWSON," none of them in that person's writing.

 

Cross-examined by Mr. ALDERSON for the prisoner.—LAWSON was brother-in-law to MOOR, and LAWSON gave Mr. CARRICK security for £800. He afterwards came to the Bank and gave security for £400 more, the prisoner having overdrawn the account to that amount; and the whole was subsequently settled, including the cheques just put in. This took place on the 2d May, 1825. LAWSON died in July, the same year. An account of the whole was rendered to LAWSON when he extended the security; and Mr. CARRICK had since received the £1200.

 

By the Judge.—When the last settlement was made, these cheques were included in the account.

 

Mr. Baron HULLOCK.—Then here is a complete recognition.

 

Witness re-examined by Mr. COURTENAY.—LAWSON frequently drew jointly with MOOR, but never alone, as he had no individual account at the Bank. In June, 1825, LAWSON gave security, that is to say, a genuine joint cheque for £400; the account was then £1200, and we had previously a warrant of attorney for £800.

 

By Mr. ALDERSON.—These cheques were filled up by me. He frequently brought the cheques signed, and had them filled up at the Bank.

 

By the Judge.—The account was kept in their joint names, but only rendered to MOOR; never to LAWSON.

 

Mr. Baron HULLOCK said: Gentlemen of the Jury, there is no evidence in this case for your consideration. The charge against the prisoner is not at all made out.

 

Verdict: NOT GUILTY.

 

 

[to be continued]