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put in'.o strong boxes, and placed in the strong room, and locked tip. They are taken in and delivered out, by one of the clerks in the Starap-cjffice, who keeps the key of the room. Witness statas, that they never, on any occasion, stamp any labels without being attached to the parchment, and, of course, that the stamps are never issued in a separate state. There is a die for 2/. Witness then examined the stamp on the dee J, and stated that the numerals II and the words Pounds were not a genuine impression from the die used by the Commissioners, but were forged and counterfeit, but that the device on the King's arms and the rest of the stamps, were genuine. Witness proceeded to point out the difference betwixt the impression of the genuine stamp and that affixed to this deed, which consisted in this: In the genuine stamp the whole of the impression was struck at once, both the King's arms and the letters; but in the stamp on the deed now produced it was evident that the numeral letters II had been impressed by one instrument, and the word Pounds by another, and these marks had been made upon a genuine stamp, from which the original letters had been bv some means erased. He also looked at the back of the deed, and he said it was clear it had not been stamped at the office, because if it had, the impression would liavc penetrated the parchment, and made an indentation thereon. Witness stated that the stamps were mider the management of the Commissioners. Nothing material occurred on his cn>ss-exaniiuation; he repeated that the
King's arms on the blue paper had come from the stamp-office at one time or other, but that both the numerals II, and the word Pounds, were forged.
William Kappen, Esq. Secretary to the Stamp-office, also proved the fact of the stamp being a forged one.
Mr. John Atkinson is an attorney at Leeds; he stated that be received a great number of articles from Farmery, the constable; received the die6 on the 13th of February, and the stamps at the same time, which were in a box now on the table: he had kept them in his custody, locked up, ever since the time he receded them, and they were now in the same state they were delivered to him. Witness also received from Robert Barr the contents of a parcel, which was sealed up, and which consisted of a great variety of blue stamps for deeds.
Mr. Butterworth was examined by Mr. Park; he stated that he was an engraver at Leeds, that he was employed by a person whom he afterwards knew to be Jaques, to engrave for him on a copperplate the words, This Indenture, in German text characters; he did not give his name, or say on whos* account he came. The engraving was executed according to his order, and Jaques came from time to time for impressions from the plate, which were taken upon parchment. Witness afterwards made another plate for Jaque*, with the same words, but in less characters, and from this plate impressions were from time to time taken, by order of Jaques. The first plate was engraved about Junj, 1310; witness kept the
plates plates in his possession. Jaques did not mention to him that the plates were for Mr. Blackburn: and the witness was paid for the plates, and the working of them, by Jaques. Witness did not know that Jaques was clerk to Mr. Blackburn. On his cross-examination, he said that he never saw Mr. Blackburn upon the subject; and that his name was never mentioned to him by Jaques on any occasion. Jaques represented himself as a writer for attornies. He never gave his own name, nor did the witness ask him, as he paid him for the work he had done.— Witness did not know his name until December last.
Mr. Samuel Topham is an engraver at Leeds; has been in that business about six years; knows Mr Blackburn, and was employed hy him in the way of his business, in October, 1812, in making for himanumberofpieces, resembling wafer seals; they were made of brass, and consisted partly of numerals and partly of words; the whole number he made was 14. Mr. Topham was then shewn a number of dies, produced by Mr. Atkinson, which were only 13 in number. After looking at them for some time, he said they were the same he had made for Mr. Blackburn; they were made under his direction, and witness employed a person to fix the handles to them. Witness does not recollect to whom they were delivered, but they were paid for by Mr. B : the sum he received tor them was 1/. 12s. VVitness said he could not undertake to swear positively that the dies were the same he had made for Mr. Blackburn; but he believed they were. In answer to a question from the Judge, he said
he did not keep impressions from the dies he had made for him.—■ Witness was now desired to examine the stamp affixed to the deed, and to state whether the impression "II Pounds" was, in his opinion, an impression from the dies made by him. After cdmparing the impression with the dies, he said he could not state positively whether it was or not; he could not speak to it, and being further pressedj, whether he could not form an opinion upon it, he replied that he could not form any idea upon the subject.
Mr. Abraham Smith, the stamper from London, being asked the same question that was proposed to Mr. Topham, stated, after comparing the die with the impression on the stamp, that he had no doubt but that it had been made from the die; they corresponded so exactly, that the one must be an impression from the other; he also stated that the impression "I! Pounds, "musthavt been made by two dies, and not by a single instrument.
William Kappen, Esq. examined the dies with great attention, and after fixing them with great care upon the impression of" 11 Pounds" in the stamp, gave it as his opinion, that it was made by the dies he held in his hand. Mr. Butterwortii having examined the engraving, This Indenture, at tha head of the deed, said he had n"» doubt but ii was an impression from the plate he engraved for Jaques, and which he had before produced in Court.
William Kappen, esq. then proceeded to describe the different a; tides, in a box produced by Mr Atkinson, and which contained a great variety of articles found oa searching searching Mr. Blackburn's house. These consisted of a number of stamps, which had apparently been cut off from deeds, and other instruments of different denominations, from the value of 501. to 18d. There was also a small paper of gum found. Some of those were contained in envelopes, with an indorsement describing their contents, in Mr. Blackburn's handwriting. All those with the indorsement were described as spoiled stamps. There was also a kind of sketch or design of the words, denominating the value of different stamps, similar to the dies engraved by Mr. Topham, and which had figures and writing. Mr. Atkinson said, he believed the writing part was in the handwriting of Mr. Blackburn, but could not speak to the figures, or the words resembling printing; but Musgrave, who had formerly been Mr. Blackburn's clerk, said he believed the whole was the writing of Mr. Blackburn.
The prisoner, after a pathetic address, called upward of twenty witnesses to character, who stated, that they had known him a very considerable time, and that they always considered him as a man of the greatest honour in his profession, and of the strictest integrity. Mr. Justice Le Blanc then charged the jury.
The juiy retired about half-past three o'clock in the afternoon, and in about a quarter of an hour returned into Court, and pronounced the fatal verdict of guilty.
William Bagnall, the ckler, William Bagnall, the younger, and Thomas Bagnall, a father and his two sons, were placed at the bar, and tried under the act of the 42d
of the King, for coining and counterfeiting certain silver pieces, resembling the dollars issued by the Governor and Company of the Bank of England.
Mr. Serjeant Bosanquet stated the case to the Court. By the Art of Parliament upon which the present indictment was framed, the offence with which, the prisoners were charged was punishable with fourteen years transportation.
John Foy, a police officer, deposed, that the prisoners lived at No. 9, Scward-street, Clcrkeuwell, and that he having received information from some of the neighbours whose houses overlooked Bagnall's workshop, repaired there, accompanied by bis brother and two others. They waited till they heard the machine at work, and then two of them knocked at the front door, whilst two entered from behind. The elder Bagnall opened the door, and on securing him they found four dollars apparently new, and resembling those issued by the Bank, in his hand. The eldest son was observed to drop six similar pieces on the approach of the officers. The machine or press was so heavy that to work it with ease and expedition, lie believed would require the exertions of three persons. Besides the pieces found on the. two elder prisoners, there was an iron tray containing one Spanish dollar, several with the impression hammered out, and a paper parcel containing thirty fit for currency. To the identity of these, as well as of the dies for making the impression, he could speak positively, having made his marks upon them at the time. On taking the prisoners prisoners into custody, the elder Bagnall observed, that he trusted the officer would represent the business in the most favourable light, as he had not employed base metal, but had only changed the impression of genuine Spanish dollars.
The testimony of Foy was confirmed, in all its material parts, by the other witnesses.
Mr. Alley now took an objection, founded on the expression of the act, which, in the part enacting the penalty, only referred to the " said " dollars. Now, the "said " dollars, it appeared, by a preceding clause, were dollars issued at five shillings currency, but the dollars which the prisoners were charged with having counterfeited were issued and circulated for five and sixpence. Hovrevernice the distinction might appear, such distinctions were always received, when they could be at all established in favour of the accused; so that in the case of a man who had stolen a horse, it was determined that he was not within the reach of the statute which inflicted the penalty of death on the offence of stealing horses; and a new act was made in consequence.
Mr. Barry, on the same side, argued, that this was not the offence distinctly pointed out by the preamble of the act, which authorised the Bank to issue dollars at five shillings, on obtaining an Order in Council for that purpose. It did not appear by the evidence, however, that the Bank had ever obtained an Order in Council to enable them to issue dollars at the nominal value of five and sixpeace.
Sir Simon Le Blanc over-ruled both objections, on the ground that the dollars now in circxdatlon, only purported to be, and were originally issued as five shilling pieces. That they at present circulated at the rate of five shillings and sixpence, was for the sake of public convenience, and upon an undertaking on the part cf the Bank, to take thein back at a future period at that va!ue.
The elder Itagnall then put in a written paper, in which he solemnly declared that he never had the intention to commit a fraud, nor any knowledge that he was transgressing the laws of his courttry. He had made the dollars in the course of his business as a dyesinker, and in the execution of an order which he had received from a person, who said he intended to circulate them in Holland. Whatever the Court might determine with respect to himself, he hoped they would consider his sons as innocent, and as acting under his influence. He should call witnesses, who he trusted would prove that up to this period of hi* unintentionally erring, he had maintained the character of an honest man.
Several witnesses gave the prisoners an excellent cliaracter, and stated that the machine in question was employed by the Bagnails, as dye-sinkers and ornamental engravers.
The jury, after a few minutes consideration, found all the prisoners guilty; but recommended the two sons, one of whom is 26, and the other 18 years of age, to pardon, as acting under paternal influence.
Abstract Abstract of an Act for extending
the Trial by Jury to Civil Causes
In the preamble it is said, that whereas Trial by Jury in Civil Causes would be attended with beneficial effects in that part of the United Kingdom called Scotland, it is- however expedient, that such trials, fora time to bejimited, should in the first instance be confined to issues directed by either division of the Court of Session. The Court of Session is in consequence empowered, in all cases wherein matters of fact are to be proved, to direct issues to be sent to a court to be appointed for the Trial by Jury.
The court instituted for this purpose is to consist of one Chief Judge, and two other judges, nominated under the seal of Scotland from the Senators of the College of Justice, or Barons of the Court of Exchequer in Scotland, and to hold their places ad vitam. or ad culpam. The issues sent to this court may be tried before one or more of these commissioners, the chief commissioner being considered the presiding judge. The causes may be tiled either in Edinburgh, or, in time of vacation, in the circuit towns. The judge or presiding judge, to make a. return to the Division or Lord
Ordinary directing the issue, of a copy of the jury's verdict, and to report the proceedings on the trial, if directed. The jury to be summoned in the same manner as at present to the High Court of Justiciary; the number summoned, not to be less than 36, nor more than 50. The names of all such as are not challenged, to be put in a balloting box, and 12 to be drawn out for the trial. Either of the parties to be allowed to apply for a special jury. Verdicts to be given by the agreement of the whole number of jurors; and if they do not agree within twelve hours, to be discharged, and another jury summoned; or else the division of the Court of Session which directed the issue, may dispose of the cause in the manner at present practised. The Court of Session and the Commissioners of the Jury Court may from time to time appoint a committee, for the framing of rules and regulations resjiecting the form of process and manner of proceeding in the Jury Court. The provisions of this act to endure for seven years and .no longer; and returns to be made to parliament of the proceedings had under the act once in every year, for the purpose of framing such future regulations as may be neeessory.