Saturday 10 Apr 1819 (p. 4, col. 1-6) GAOL DELIVERY. IN our last, we brought down the proceedings under the Special Commission to Friday night. The Court sat on Saturday, and on Monday till half-past eight at night, when the business was brought to a close. ---------- FORGING A PRIZE TICKET. JOHN TOWNSEND, aged 43, charged upon oath with having in the month of August 1816, at Whitehaven, uttered and published as true, a certain false and forged counterfeit order for the payment of Prize-money, supposed to be due to one Isaac BANKS, a serjeant of marines on board his Majesty's ship Nymph, with intent to defraud the Commissioners and Governors of Greenwich Hospital. Mr. ARMSTRONG stated the case, and Mr. LOSH addressed the Jury at some length explaining the circumstances connected with it. An Agent is appointed generally for the ship's company, and if the prize money is not claimed by those entitled to it within the period of six months from the time of its becoming due, it is paid into Greenwich Hospital, where it may be received on proper application being made, either personally or through an agent. In order to protect seamen from frauds, the 54th Geo. III. enacts that whoever shall forge any seaman's certificate for the purpose of obtaining prize money, shall incur the penalty of death. Robert STEWART, a clerk in the ticket office, in the Navy-office, proved that Isaac BANKS belonged to the Nymph frigate from May 9, 1812, to July 8, 1813, and that he was entitled to prize money. Rich. SMITH, Esq. clerk of the Cheque of Greenwich Hospital, produced the Nymph's prize list, which proved that Isaac BANKS was entitled to £31 11s. 4d. as his share of various captures. An applicant must produce a certificate signed by the minister and a churchwarden of the parish wherein he resides, certifying that they have reason to believe that the claimant is the person entitled. One of these, regularly filled up, was presented by Mr. CHANNON, a respectable prize-agent in London, to whom the amount due to BANKS was paid. The minister's name on that certificate purported to be Wm. WHITELOCK, and the churchwarden's name, James BEEBY. Mary HUTCHINSON, of Keswick, deposed that her brother, Isaac BANKS, who was on board the Nymph as a serjeant of marines, died five years ago last Christmas, at Keswick. After his death she came in possession of his papers, which she gave to Mr. EDMONDSON, surgeon, of Keswick, who attended him during his last illness. Her brother had made a will leaving witness his property and whatever he was entitled to as prize-money. She saw the prisoner, for the first time, a year ago last Christmas—i. e. 1817. Witness applied to Mr. DENTON, the clergyman of the parish, to obtain prize money due to her brother, but she received nothing in consequence of that application, nor did she receive any prize-money previously to knowing prisoner. At Christmas 1817, she applied to the prisoner, at Whitehaven, to learn if any money had arrived for her on account of her brother's prize-money, who replied that he had not yet received any thing, but expected to do so in the course of a few posts. He afterwards gave her, at four payments, the sum of £5. The prisoner made no enquiry respecting her brother, nor did she ever give the prisoner any information regarding him. Cross-examined by Mr. EDEN, witness said that Mr. EDMONDSON directed her to go to the prisoner; he also gave her some papers to be sent to him, which she forwarded by a carrier named SCOTT. Mr. G. T. CHANNON is brother to Mr. CHANNON, a regular navy agent, residing at 4, Clement's Inn, London. Witness received instructions from the prisoner to send him a blank order for prize-money. He believes the letter produced to be from the prisoner at the bar, it is in the usual form, and bears the Whitehaven post-mark. Witness replied to the letter, inclosing a form partly filled up with the names of the prizes on account of which BANKS was entitled to shares. Neither the minister nor churchwarden, nor BANKS's name, were inserted in that form at that time. The certificate now produced is the one sent by witness as before described. It is now filled up, and the handwriting witness believes to be the prisoner's—it is dated 14th Aug. 1816. On the receipt of this certificate, his brother made the usual application at Greenwich Hospital, where he received the money, of which the prisoner was informed by letter. Another letter was afterwards received from prisoner on the subject of BANKS's prize-money. In reply, witness wrote to the prisoner at Whitehaven, inclosing two bills for the amount: the bills now produced are the same; they came back to London for acceptance through the house of Sir C. PRYCE & Co. A signature importing to be that of Isaac BANKS was on the order for payment, which witness now believes to be the hand-writing of the prisoner; the bills were accepted and paid. Does not know the writing of the signature standing instead of the name of the church warden. The Rev. A. DALZELL stated that he has been Curate of Workington Church the last 15 years, and, during that time, there has not been any clergyman named "Wm. WHITELOCK" a minister of that parish; but a person named John WHITELOCK has occasionally done duty there. He stated, also, that there has not been a churchwarden at Workington, during the same period, named "James BEEBY." The Rev. John WHITELOCK of Dereham, said that the signature, "Wm. WHITELOCK" was not his hand writing, and that he never was the regular officiating clergyman at Workington.—Cross-examined by Mr. EDEN, he said that he has a relation in Kendal named Wm. WHITELOCK, but he never officiated at Workington, and witness believes that the signature on the certificate is not that gentleman's writing. Wm. PLASKETT keeps a lodging-house at Keswick. About Christmas 1813, Isaac BANKS came to his house in a very weak state, and died in the course of a fortnight. He previously told witness that, on account of his master formerly having a servant named Henry BANKS, the captain chose to call him Henry instead of Isaac, and as such he was entered upon the ship's books. On BANKS's death, his papers come into witness's possession; he afterwards gave them to Mary HUTCHINSON, the deceased's half-sister. About three months subsequent to this, prisoner came to witness's house as a lodger, but witness does not know that any thing was ever said to him about BANKS's death. Last Christmas but one, witness applied to prisoner by desire of Mary HUTCHINSON, for £14: prisoner said it had not arrived, but he expected a cheque by every post, but did not say where the money was coming from.—Cross-examined—witness said that he inspected some of BANKS's papers after his death; they were in a parcel tied up, but he is not sure that he had them under lock all the time. He did not examine every paper, and cannot say whether or not there was a certificate among them signed by BANKS himself, in order to be forwarded after his decease. John SCOTT, the carrier, knows the prisoner, and has employed him to get some prize-money; but in February 1816, witness called upon him and took away his papers. When about to leave Whitehaven by the coach, prisoner came up to him and enquired if Mary HUTCHINSON had got any prize-money due to her brother, or had employed any one to get it for her? Witness replied, she had not, and the reason was, that Mr. DENTON had not signed the will: prisoner then desired witness to tell Mary HUTCHINSON that he could get it for her—which witness accordingly did. Mr. EDMONDSON, surgeon, of Keswick, had BANKS's papers under his care in September 1813, and kept them some time. He afterwards received a letter from the prisoner requesting these papers, to which he replied, and delivered the papers to PLASKETT in order to be sent according to the request.—Cross-examined, Mr. EDMONDSON said he kept the papers with care, and thinks that there were one or two papers among them signed by the deceased in order to obtain pay. Mary HUTCHINSON recalled. William PLASKETT gave her the papers. Mr. TAYLOR stated that he applied to the prisoner for money at the request of Mary HUTCHINSON. Prisoner said he had not yet received any, but expected some every post from Government, and then he would remit £6 10s. The prisoner, on being called upon for his defence, had nothing to offer. His Lordship said, the prisoner was charged with a capital offence. By the 54th of the King, it is enacted, that whosoever shall forge or counterfeit letters of attorney, bills, certificate, or order &c. for the purpose of receiving any allowance, pay, or prize-money; also, whoever shall utter as true any such certificate, order, &c. well-knowing the same so to be, shall suffer death without benefit of clergy. The prisoner was charged, first, with forging; and, secondly, with uttering, knowing it to be forged. He then detailed the evidence, and made various remarks upon its application as he went on. If the jury were of opinion that the charge was clearly proved, they were bound to find the prisoner guilty; if there were any doubts upon their minds, by all means give the accused the benefit of them. The Jury, after a short consultation, found the prisoner Guilty. His Lordship immediately passed sentence of DEATH in a very impressive manner:—Prisoner at the bar, John TOWNSEND, you have been tried and found guilty of an offence of no ordinary enormity. It is an offence which the laws of your country very properly visit with the punishment of death. The evidence by which the guilt has been brought home to you, leaves not the slightest shadow of doubt upon the mind. Your offence is, as I have already observed, of no ordinary enormity. The nation owes no small debt of gratitude to those hardy seamen who protect our commerce and fight our battles in every quarter of the globe; and lamentable indeed is the condition of these brave persons, if, on their return to their native country, they shall not be able to enjoy the fruits of their valour. It appears but too clearly, that you have been in the habitual course of depriving these excellent men of the wages which they have so hardly earned. To a person like you, guilty of such an offence, I cannot hold out the slightest hopes of mercy. I therefore exhort you to prepare for your departure from this world, which will be at no distant period. But there is another tribunal which, if you address yourself to it in the sincerity of a penitent heart, may yet grant you a perfect remission and forgiveness: it is only by devout prayer and the most sincere repentance that such a remission can be obtained. It is now my painful duty to pass upon you the sentence of the law, which is, that you be taken to the place from whence you came, thence to the place of execution, and there to be hanged by the neck until you are dead, and may the Lord have mercy upon your soul. The prisoner during the trial, kept up an active correspondence by note with his solicitor. While his Lordship was summing up he seemed much agitated, and when the verdict of guilty was pronounced, he appeared to feel the horrors of his situation most acutely. [to be continued]