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Decisions of the Superior Courts of New South Wales, 1788-1899

R v Tresslove [1825] NSWSupC 20


Supreme Court of New South Wales

Forbes C.J., 23 May 1825

Source: Australian, 26 May 1825


May 23. ---- T. Tresslove, a man of respectable appearance, stood indicted for having feloniously forged an order for the payment of £78, purporting to have been drawn by the Rev. Samuel Marsden, of Parramatta, upon Captain Campbell, of Sydney, in favor of Thomas Tresslove.

Edward Owen examined - The prisoner came into my shop on the 14th January last, and asked to look at some articles which I had for sale, he represented himself as being the steward of Mrs. Broughton, residing in the district of Ayr.  The prisoner stated that he should purchase a quantity of things, and enquired if I would take an order on Mr. Campbell of Sydney, drawn by the Rev. Samuel Marsden, for a sum of £78.  I told him I should not have the slightest objection to take that order in payment of goods that he might purchase.  Accordingly, the prisoner selected a great quantity of articles, amounting to £60.  He stated that he had not the order in his possession at the time, but requested me to put them by (with the exception of a few articles of wearing apparel, whsch [sic] he took with him) until he had the order, which he had no doubt, he said, of procuring next day.  In about an hour afterwards the prisoner again returned, bringing with him a man, whom the prisoner represented as being his servant; and requested me to supply him with a few things that he might choose; but I refused supplying any more goods, until the order was produced.  I was induced to wait upon Mr. Marsden the ensuing day (to enquire as to the correctness of the bill, which I hourly expected to be presented to me), when I accidentally met Mr. M. in the street, who assured me that it was incorrect; and observing the prisoner and his companion to come out of a public house near where I was, in conversation with Mr. M., I immediately gave the prisoner into custody, on whose person was found the said order, which being shewn to Mr. M., it was pronounced by him to be a forgery.

William Wells - I am a constable of Parramatta; on the 14th January last I took the prisoner into custody, having been directed to do so by tne [sic] last witness.  On searching his person I found an order for the payment of £78, in his waistcoat pocket, together with one-half sheet of paper, which being examined appeared to be the part of a sheet, of which the order was the other half (the order being shewn to witness, was declared by him to be the same, as found on the prisoner).  The prisoner refused to give any satisfactory account as to how he became possessed of that order.  Mr. Marsden, on seeing it, declared it to be a forgery.

Mr. Robert Campbell - I have had very considerable dealings with the Rev. Samuel Marsden, of Parramatta, who is accustomed to draw orders for payment of money upon him; I am acquainted with the hand-writing of Mr. Marsden; the order produced is not the hand-writing of Mr. M.  I have not the least hesitation in declaring it a forgery.  The order was then read.

£78 0 0           Parramatta, 15th Jan. 1825.

Please to pay to Thos. Tresslove, or order, the sum of seventy pounds, upon account of (signed) Samuel Marsden.

To Captain Campbell, Sydney.

Mr. Campbell stated[,] that the accustomed manner of addressing his name, is to Mr. Robert Campbell, merchant, George-street, Sydney; and not Captain Campbell as on the forged instrument.

The prisoner made no defence, nor called witnesses.  Guilty.[1 ]



[1 ] The Sydney Gazette, 26 May 1825, reported that ``Treslove" was charged with four counts, two of forging and two of uttering, and was found guilty on the first.

Published by the Division of Law, Macquarie University